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üöëøøðøïéèëûüïñøüöèøî÷íüñðûøüúõúîèïéäüÍÍËÎÇØÜÏÙÜÈÉÕÎËÔÃØÉÕØ ØÅØÚÈÉÔÎÏÎ×Ü×ÈÏÙÔÏÖÜÖËØØÐØÏÉÆÔÉÕÎÏØ ÊÈÛËØÚÔÍÔØÏÉÉÕØèËÛÜÏñØÜÖÈØÎ×íÜÑÐûØÜÚÕ úÎÈÏÉÄôÏÚÈÏÙØËÉÕØúùûöÍËÎÖËÜÐ×ÎË÷ä ÆÔÉÕÉÎÉÜÑ×ÈÏÙÔÏÖÔÏÜÏÜÐÎÈÏÉÏÎÉ ÉÎØÅÚØØÙ ÷ÈÏÙÔÏÖÔÊÜÇÜÔÑÜÛÑØ×ËÎÐ úÎÐÐÈÏÔÉÄùØÇØÑÎÍÐØÏÉ ÷ÈÏÙîÉÕØËöËÜÏÉÊÜÏÙüÔÙÊ ÷èïùôïöüöëøøðøïéíüñðûøüúõúîèïéäùøñëüäùôçüêêéøíéøüðêüïù ñ ùøñëüäùôüðîïùêüïùíøüëñêùüïúøéøüðüÍÍËÎÇØÜÏÙÜÚÚØÍÉÜÏÜÖËØØÐØÏÉ ÛØÉÆØØÏÉÕØúÔÉÄÜÏÙíÜÑÐûØÜÚÕúÎÈÏÉÄ×ÎËÉÕØëØÚËØÜÉÔÎÏüÊÊÔÊÉÜÏÚØíËÎÖËÜÐëüíùÔÊÉËÔÚÉ ÉÎËØÔÐÛÈËÊØÉÕØúÔÉÄÔÏÜÏÜÐÎÈÏÉÏÎÉÉÎØÅÚØØÙ ×ÎËÉÕØùØÑËÜÄùÔÇÜÊêÉØÍéØÜÐÊÜÏÙ ùØÑËÜÄùÔÜÐÎÏÙÊÜÏÙíØÜËÑÊùÜÏÚØéØÜÐ×ÎËØÑÔÖÔÛÑØØÅÍØÏÊØÊÔÏÚÈËËØÙÛØÉÆØØÏóÜÏÈÜËÄ ÜÏÙ îÚÉÎÛØË íüñðûøüúõúîèïéäøðøëöøïúäðøùôúüñêøëçôúøêöëüïéüÍÍËÎÇØÜÏÙÜÚÚØÍÉÜ ð íÜÑÐûØÜÚÕúÎÈÏÉÄøÐØËÖØÏÚÄðØÙÔÚÜÑêØËÇÔÚØÊøðêöËÜÏÉÔÏÉÕØÜÐÎÈÏÉÎ× ÜÏÙ ÜÈÉÕÎËÔÃØÊÉÜ××ÉÎÊÈÛÐÔÉÜÑØÉÉØËÎ×ÚÎÏ×ÔËÐÜÉÔÎÏÉÎÉÕØíÜÑÐûØÜÚÕúÎÈÏÉÄùÔÇÔÊÔÎÏÎ×øÐØËÖØÏÚÄ ðÜÏÜÖØÐØÏÉÉÎÎ××ÔÚÔÜÑÑÄÜÚÚØÍÉÉÕØÖËÜÏÉÜÆÜËÙÜÏÙÉÕØêÉÜÉØÜÏÙúÎÈÏÉÄÖËÜÏÉËØÌÈÔËØÐØÏÉÊ ÉÕ ï êíøúôüñøçøïéëøìèøêéõîæüëùüñüï üïïèüñæôïéøëêéëøøéúëü÷é ÉÕ ÷øêéôçüñüÍÍËÎÇØÜÊÍØÚÔÜÑØÇØÏÉËØÌÈØÊÉÉÎØÏÙÎËÊØÉÕØ üÏÏÈÜÑùØÑËÜÄûØÜÚÕæÔÏÉØË êÉËØØÉúËÜ×É÷ØÊÉÔÇÜÑÉÎÛØÕØÑÙÎÏ÷ØÛËÈÜËÄÜÏÙðÜËÚÕ ×ËÎÐ ÜÐ ÍÐ ÉÕ ÔÏÚÑÈÙÔÏÖÜÉØÐÍÎËÜËÄÈÊØÍØËÐÔÉÍØËñùëêØÚÉÔÎÏ ÷×ÎËÈÊØÎ×ïøêø üÇØÏÈØÎÏØ ÛÑÎÚÒÏÎËÉÕÊÎÈÉÕÎ×üÉÑÜÏÉÔÚüÇØÏÈØÜÊÆØÑÑÜÊÉÕØÏÎËÉÕØÏÙÎ×õÜÏÙ«ÊÍÜËÒÔÏÖÑÎÉ×ÎËÇØÏÙÎË ÍÜËÒÔÏÖÜÏÙÉÎÜÈÉÕÎËÔÃØÊÉÜ××ÊÈÍÍÎËÉ×ÎËÊØÚÈËÔÉÄÜÏÙÉËÜ××ÔÚÚÎÏÉËÎÑÆÔÉÕÉÕØØÇØÏÉÊÍÎÏÊÎË ÍÜÄÔÏÖÜÑÑÎÇØËÉÔÐØÚÎÊÉÊÜÏÙÉÎÍØËÐÔÉÜÏØÇØÏÉÊÔÖÏÉÎÛØØËØÚÉØÙÎÏüÉÑÜÏÉÔÚüÇØÏÈØÓÈÊÉØÜÊÉÎ× ô ÙÜÄÊÍËÔÎËÉÎÉÕØØÇØÏÉ êíøúôüñøçøïéëøìèøêéüëéóüããîïéõøüçøïèøüÍÍËÎÇØÜÊÍØÚÔÜÑØÇØÏÉËØÌÈØÊÉ î ÉÎØÏÙÎËÊØÉÕØüËÉóÜÃÃÎÏÉÕØüÇØÏÈØÊÚÕØÙÈÑØÙ×ÎËóÜÏÈÜËÄ ×ËÎÐ ÍÐÉÎ ÍÐÉÎÖËÜÏÉÜÉØÐÍÎËÜËÄÈÊØÍØËÐÔÉÍØËñùëêØÚÉÔÎÏ ÷×ÎËÉÕØÚÑÎÊÈËØÎ×üÉÑÜÏÉÔÚüÇØÏÈØ ÉÕ ×ËÎÐêÆÔÏÉÎÏüÇØÏÈØÉÎÉÕØÆØÊÉÊÔÙØÎ×ïøêøüÇØÏÈØëÜÔÑËÎÜÙüÇØÏÈØ×ËÎÐüÉÑÜÏÉÔÚ üÇØÏÈØÏÎËÉÕÉÎÉÕØÏÎËÉÕÊÔÙØÎ×ÉÕØØÜÊÉÆØÊÉÜÑÑØÄÜÏÙÉÎÉÕØÜÑÑØÄÊÏÎËÉÕÜÏÙÊÎÈÉÕÎ×üÉÑÜÏÉÔÚ ÊÉÏÙËÙÉÕ ÎÏïøêø üÇØÏÈØïøêøüÇØÏÈØêø üÇØÏÈØïøêø üÇØÏÈØÜÏÙÉÎ ÜÈÉÕÎËÔÃØÊÉÜ××ÊÈÍÍÎËÉ×ÎËÊØÚÈËÔÉÄÜÏÙÉËÜ××ÔÚÚÎÏÉËÎÑÛÜÏÏØËÕÜÏÖÔÏÖÜÏÙËØÐÎÇÜÑÛÜËËÔÚÜÙØÊØÉ ÈÍÜÏÙËØÐÎÇÜÑÉËÜÊÕËØÐÎÇÜÑÜÏÙÚÑØÜÏÈÍÚÎÏÉÔÏÖØÏÉÎÏÉÕØËØÚØÔÍÉÎ×ÜÏÈÍÙÜÉØÙÚØËÉÔ×ÔÚÜÉØÎ× ÑÔÜÛÔÑÔÉÄÔÏÊÈËÜÏÚØ ëøçôøæî÷üííøüñüûñøñüïùùøçøñîíðøïéûîüëùüúéôîïêüÚÚØÍÉÉÕØÜÚÉÔÎÏÊ í ÜÏÙÙØÚÔÊÔÎÏÊÐÜÙØÛÄÉÕØñÜÏÙùØÇØÑÎÍÐØÏÉûÎÜËÙÊ×ÎËÉÕØÍØËÔÎÙùØÚØÐÛØË ÉÕËÎÈÖÕ óÜÏÈÜËÄ üæüëùî÷ûôùêüïùúîïéëüúéê ì íÈËÚÕÜÊØÜÆÜËÙÉÎíØÉËÎÑØÈÐéËÜÙØËÊúÎËÍÎËÜÉÔÎÏÔÏÉÕØÜÐÎÈÏÉÎ× ×ÎËÉÕØ ÍÈËÚÕÜÊØÜÏÙÙØÑÔÇØËÄÎ×ÖÜÊÎÑÔÏØÜÏÙêð÷øÏØËÖÄúÎËÍÎËÜÉÔÎÏÔÏÉÕØÜÐÎÈÏÉÎ× ×ÎËÉÕØÍÈËÚÕÜÊØÜÏÙÙØÑÔÇØËÄÎ×ÙÔØÊØÑ×ÈØÑèÑÉËÜñÎÆêÈÑ×ÈËïÎÇÔÜÉÕØ÷ÑÎËÔÙÜêÉÜÉØ úÎÏÉËÜÚÉ D. REQUEST FOR IN-LIEU PARKING SPACES/TASTE RESTAURANT: Consider a request from Taste Restaurant for the purchase of eight ~) in-lieu parking spaces in the amount of $62,400.00. Taste Restaurant is located at 169-171 N.E. 2"a Avenue. (Quasi-Judicial Hearing) E. WAIVER REQUEST FOR IN-LIEU PARKING FEES/HAMMAD SHOPPES: Consider a waiver request from Hammad Shoppes to waive in-lieu parking fees in the amount of $16,000.00 for the purchase of four ~) parking spaces. Hammad Shoppes is located at 139 N.W. 5th Avenue. (Quasi- Judicial Hearin) F. CONTRACT ADDITION (C.O. NO.1)/BSA CORPORATION/CITY HALL NORTH WING RENOVATIONS: Consider a Contract Addition (C.O. No. 1) in the amount of $8,115.00 to BSA Corporation for City Hall North Wing to add Break Room Renovations. Funding is available from 334-6112-519-62.86 (General Construction Fund/City Hall -North Wing & Chamber). G. GENERAL RULES OF PROCEDURE OF THE CODE ENFORCEMENT BOARD:Approve the revised Code Enforcement Board Rules which change Article VI, Paragraph 2 to provide that each party will have up to 20 minutes to present their case, Citizen Participants or their representatives may speak up to three ~) minutes regarding the violation, and cross examination and rebuttal shall last no longer than two ~) minutes. H. APPOINTMENT TO THE NEIGHBORHOOD ADVISORY COUNCIL: Appoint one ~) regular member to the Neighborhood Advisory Council to serve an unexpired term ending .Tuly 31, 2010. Based upon the rotation system, the appointment will be made by Mayor Ellis (Seat #5). APPOINTMENTS TO THE CODE ENFORCEMENT BOARD: Appoint three ~) regular members to the Code Enforcement Board for three ~) vear terms ending .Tanuary 14, 2012. Based upon the rotation system, the appointments will be made by Commissioner Eliopoulos (Seat #1), Commissioner Fetzer (Seat #2~, and Commissioner McDuffie (Seat #3~ 10. PUBLIC HEARINGS: A. RESOLUTION NO. 02-09AUTHORIZINGPURCHASE AND SALE OF REAL PROPERTY/COMMUNITY REDEVELOPMENT AGENCY (CRA)/MOUNT OLIVE MISSIONARY BAPTIST CHURCH: Consider approval of Resolution No. 02-09 authorizing the CRA to sell property located at 429 N.W. 1St Street to Mount Olive Missionary Baptist Church for $1,000.00 with the Community Redevelopment Agency receiving a perpetual parking easement over Mount Olive Missionary Baptist Church's thirty-five (35) space parking lot located on N.W. 5th Avenue B. ORDINANCE NO. 01-09 (FIRST READING/FIRST PUBLIC HEARING): City initiated amendments to the Land Development Regulations (LDR) Section 4.3.3, "Special Requirements for Specific Uses", Subsection (A~, "Self-Service Storage Facilities (SSSF)" and Subsection (,I), "Gasoline Station", to revise and/or clarify parking requirements for these uses, Section 4.4.13, "Central Business (CBD) District", Section 4.4.17, "Residential Office (RO) District", Section 4.4.24, "Old School Square Historic Arts District (OSSHAD)", Section 4.4.28, "Central Business District-Railroad Corridor (CBD-RC)", and Section 4.4.29, "Mixed Residential, Office and Commercial (MROC) District", to change the parking requirements for business and professional offices within these zoning districts and to expand the area subject to special parking requirements within the CBD zoning district; amending Section 4.6.9, "Off-Street Parking Regulations", to modify how fractions are rounded, to change the parking requirements for business and professional offices and to clarify the parking requirements for other uses, amending Appendix "A", "Definitions", to enact new definitions for "Gross Floor Area" and "Net Floor Area". If passed, a second public hearing will be held on .Tanuary 20, 2009. C. ORDINANCE NO. 56-08:Consider a City-initiatedamendment amending the Land Development Regulations (LDR) of the Code of Ordinances, by amending Section 2.4.3, "Submission Requirements", Subsection (K~, "Fees", Sub-subsection ~), "Development Applications", in order to provide fees for requests for a change of historic designation or classification, and ad valorem tax exemption applications. 11. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS FROM THE PUBLIC- IMMEDIATELY FOLLOWING PUBLIC HEARINGS: A. City Manager's response to prior public comments and inquires. B. From the Public. 12. FIRST READINGS: A. ORDINANCE NO. 03-09:City initiated amendment to the Land Development Regulations (LDR) Section 8.5.1., "Establishment of Public Arts Program," to provide that the City may contribute funds through the Public Arts Program to other entities in order to help fund public art. If passed, a public hearing will be held on .Tanuary 20, 2009. 13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS: A. City Manager B. City Attorney C. City Commission FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS LAST NAME-FIRST NAME--MIDDLE NAME NAME OF BOARD, COUNCIL, COMMISSION. AUTHORITY, OR COMMITTEE Eliopoulos Gary Delray Beach City Commission MAILING ADDRESS THE BOARD, COUNCIL, COMMISSION, AUTHORITY OR COMMITTEE ON 205 George Bush Boulevard WHICH I SERVE IS A UNIT OF: CITY COUNTY ITY ^ COUNTY ^ OTHER LOCAL AGENCY Delray Beach, Florida:_3344i :`Ealin Beach NAME OF POLITICAL SUBDIVISION: DATE ON WHICH VOTE OCCURRED City of Delray Beach 12~2~20~8 MY POSITION IS: ~ ELECTIVE ^ APPOINTIVE WHO MUST FILE FORM 86 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 close 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 (including 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 disclose 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 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 side) ~~ ~ ~.~.~~~ vu - err. u~~uu ~` ~ - ~ PAG6 1 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 THE 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 form must be read publicly at the next meeting after the form. is filed. DISCLOSURE OF LOCAL OFFICER'S INTEREST I Gary Eliopoulos ,hereby disclose that on December - 2 ' , 2OQ8 (a) A"measure came or will come before my agency which (check one) inured to my special private gain or loss; gg iriured to the"special gain or loss of my business associate, Eliopoulos Architecture, Inc. , _ inured fo 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: 12/2/2008 Date Filed Signature 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 COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS LAST NAME-FIRST NAME-MIDDLE NAME NAME OF 80ARD, COUNCIL, COMMISSION, AUTHORITY, OR COMMfrTEE Eliopoulos Gary Delray Beach City.'Co>®ission MAILING ADDRESS THE BOARD, COUNCIL, COMMISSION, AUTHORITY OR COMMITTEE ON 205 George Bush Boulevard _ WHICH I SERVE IS A UNIT OF: f CITY COUNTY ITY O COUNTY ^ OTHER LOCAL AGENCY Delra Beach, Florida, 33445 Palm Beach NAME OF POLITICAL SUBDIVISION: DATE ON WHICH VOTE OCCURRED Cif of Delra Beach - 12~2~2OOH MY POSITION IS: SELECTIVE 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 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 close 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 (including 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). • k k • • R k • • k f • 4 4 f 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 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: r R 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 side) ~,~ rvrtiw on - crr. utuvu `'~ \O ~ PAGE 1 _> 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 THE 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 form must be read publicly at the next meeting after the form is filed. DISCLOSURE OF LOCAL OFFICER'S INTEREST I Gary ELiopoulos ,hereby disclose that on December 2 , 2008 (a) A measure came or will come before my agency which (check one) _ inured to my special private gain or loss; %X iriured to the special gain or loss 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 whom I am retained; or _ inured to the special gain or loss of 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: 12/2/2008 Date Filed Signature by which NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, 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 $10,000. CE FORM 8B - EFF. 1/2000 PAGE 2 FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS LAST NAME-F1RSTNRME-MIDDLE NAME NAME OF BOARD, COUNCIL, COMMISSION, AUTHORITY, OR COMMI7TEE )Eliopoulos Gary Delray Beach City Commission MAILING ADDRESS THE BOARD, COUNCIL., COMMISSION, AUTHORnY OR COMMITTEE ON 205 George Bush Boulevard WHICH L SERVE IS A UNIT OF: CLTY COUNTY CITY ~ GOUNTY CT OTHER LOCAi AGENCY Delray Beach, Florida, 33445 Palm Beach NAME OF POLITICAL SU$oIVISION; GATE ON WHICH VOTE OCCURRED i of Delra Beach l2 ~ 2201)8 MY POSITION IS: ELECTIVE 0 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 close attention to the instructions on this form before completing the reverse side and tiling the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 192.3'143, FLORIDA STATUTES A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measuro which inures to his ar 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 speciaE gain or loss of a principal (other than a government agency) by whom he or she is retained (including 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 relativo; or to the special private gain or loss of a business associate. Commissioners of community redevelapmenE agencies under Sec. 163.356 ar 183.357, 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-taw, 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 fisted 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 interesf 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 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. lF 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 farm in the minutes. (Continued on other side} CE FORM 8B - EFF. ~12p00 \ PAGE 1 \~ , 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 l"O INFLUENCE THE 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 form must be read publiGy at the next meeting after the form is filed. DISCLOSURE OF LOCAL OFFICER'S INTEREST I, Gary Eliopoulos ,hereby disclose that on .December 2 , 2008 (a) A measure came or will come before my agency which (check one) inured to my special private gain or loss; ~ inured to the special gain or loss of my business associate, Eliopoulos Architecture, Inc. . inured to the special gain or loss of my relative, inured to the special gain or loss whom I am retained; or _ inured to the special gain or loss of 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: 1 ?_/2/2008 Date Filed by which 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 SB - EFF. 1/2000 PAGE 2 DECEMBER 9, 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, December 9, 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 Brian Shutt, Assistant City Attorney Chevelle D. Nubin, City Clerk 2. The opening prayer was delivered by Dr. Gary Guerrier, Pastor with First Baptist Chuch. 3. The Pledge of Allegiance to the flag of the United States of America was given. Mayor Ellis stated she would like everyone to observe a moment of silence to recognize the passing of Jerry Church who was a former City Engineer in Delray Beach. 4. AGENDA APPROVAL. Mayor Ellis stated that Item 8.P., Payment for Additional Services/Kimley-Horn and Associates, Inc./Seacrest Soccer Comulex had been added to the Consent Agenda by addendum and will be moved to the Regular Agenda as Item 9.A.A. Mr. Bernard requested that Item 8.A., Acceutance of Water and Sewer Easement Deeds/Villa~e at Delray of the Consent Agenda be moved to Item 9.A.A.A. 12/09/08 The City Attorney stated for the sake of the people present, Item 9.G., Appeal/Site Plan Review and Appearance Board Actions/Boston's Restaurant of the Regular Agenda will be postponed to a date certain of February 3, 2008 and Item 10.F., Development A~reement/Vista Del Mar, L.L.C. (FIRST PUBLIC HEARING), will be postponed to a date certain of February 3, 2008 at 7:00 p.m. Mr. Eliopoulos moved to approve the Agenda as amended, 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. 5. APPROVAL OF MINUTES: A. None 6. PROCLAMATIONS: 6.A. Calling for the First-Non-Partisan Election to be held on March 10, 2009 Mayor Ellis read and presented a proclamation to Chevelle D. Nubin, City Clerk hereby calling for the First Nonpartisan Election to be held on Tuesday, March 10, 2009, between the hours of 7:00 a.m. and 7:00 p.m., at all the precincts and polling places in the City of Delray Beach as designated by the Supervisor of Elections. 7.A. PRESENTATIONS: 7.A. "Outstanding Achievement in Law Enforcement" Award Presentation - International Association of Chiefs of Police Police Chief Anthony Strianese recognized the Police Department's Volunteer Program for their recent Volunteer Program Award from the International Association of Chiefs of Police for "Outstanding Achievement in Law Enforcement". Chief Strianese stated the Police Department has approximately 400 volunteers and some of the accomplishments that they were responsible for during 2007 is that they logged in over 43,000 volunteer hours with the agency. He stated this is equivalent to an $800,000.00 investment monetarily or this could be broken out to two (2) equivalent full- time positions. This award of "Outstanding Achievement" was presented by the International Association of Chiefs of Police (IACP) on November 1 lam. Chief Strianese stated this organization is made up of over 20,000 members from approximately 89 countries. Chief Strianese recognized each group that participated in this achievement: (1) Citizens Roving Patrol (CORD) (2) Parking Enforcement Specialist, (3) Citizens Academy, (4) Haitians Academy, (5) Spanish Academy, (6) Downtown Roving Patrol, (7) Mobile Traffic Enforcement Unit, (8) Homefront Security, (9) Volunteer Administrative Division, (10) Volunteer Support Division and (11) Volunteer Training Division. Chief Strianese stated this is the only volunteer program in the United States that is now a 501(C)(3) program that is able to help themselves and past volunteers. -2- 12/09/08 Chief Strianese thanked all of the volunteers for their support and dedication to both the communities and the organization. Chief Strianese also thanked Officer Andy Arena for his continued leadership, direction and guidance. Chief Strianese thanked the City Manager, the Mayor and the City Commission for allowing them the flexibility to create these initiatives. Officer Andy Arena, Volunteer Coordinator with the Delray Beach Police Department, displayed the award for the City Commission. Mayor Ellis stated the Commission is very proud of this organization and thanked the volunteers for contributing so much to the program. 7.B. Reco~nizin~ Adopt-A-Park Program Volunteers Alberta Gaum-Richard, Project Coordinator/Parks and Recreation, stated the Adopt-a-Park Program has been in affect for two years. She stated they have 32 parks and 16 are adopted by different organizations, families, groups or businesses. Ms. Gaum-Richard recognized and thanked the adoptees for their continued support in maintaining their park. She stated tasks may include trash pickup, graffiti reporting, weeding and raking playgrounds, mulching trees, reporting vandalism, etc. Ms. Gaum- Richard thanked Tim Simmons, Parks Superintendent, and his Park maintenance crew for their help with delivering supplies such as bags, gloves, and wheelbarrows and for also teaching the children and the adoptees to plant plants and weed. Mayor Ellis presented Certificates of Appreciation to park adoptees and thanked he volunteers for taking special pride in the parks. 7.C. Preserve America Community Designation Amy Alvarez, Historic Preservation Planner, stated the Preserve America program is a White House initiative which encourages and supports community efforts to preserve and enjoy America's cultural and natural heritage. In August 2008, the Delray Beach Historical Society and the City of Delray Beach submitted an application for the Preserve America designation. Mrs. Alvarez stated eligible communities must meet three general criteria one of which is that the community has recently supported a historic or cultural preservation project that involved a public/private partnership between government entities and at least one non-profit organization. She stated that project for the City of Delray Beach was the Hunt House Project. Stephanie Shipley, Executive Director of the Delray Beach Historical Society, thanked the City of Delray Beach for their support of the Hunt House Project. She stated that the restoration has been completed and it looks beautiful Ms. Shipley stated they are planning their Grand Opening which will most likely take place around their antique show in February 2009. She stated with the help of the City the Delray Beach Historical Society has been able to provide another place where the children of the community can come learn about the history of Delray Beach, where they can provide -3- 12/09/08 research and assistance for students from any school in the community. She stated with this project being completed they have been able to apply for this designation. Mrs. Alvarez stated on November 5, 2008, the City received official notification from First Lady Laura Bush who is the Honorary Chair of the Preserve America initiative that the City of Delray Beach did receive the designation. Mrs. Alvarez stated Delray Beach is the first city in Palm Beach County that was designated as a Preserve America Community. She stated as a community Delray Beach would receive national recognition for its preservation related efforts and would also receive the right to use the Preserve America logo on signs and promotional materials, eligible for matching Preserve America grants for projects ranging from $40,000-$500,000.00 and they would need to meet specific criteria in certain categories. Mrs. Alvarez stated the State tourism office would receive notification of the City's designation and Delray Beach would also be featured in the National Register Travel Itinerary and in curricula material for teaching with historic places which are offered by the national park service. Mrs. Alvarez stated the City received one sign last week with its designation and displayed it to the City Commission. She stated the Historic Preservation Board will look at next week and decide where it will be posted. Mrs. Alvarez stated although the City received the one sign with the specifications they could also receive the specifications for the signage and make more and budget permitting they would like to plan an event celebrating the designation. Mrs. Alvarez thanked the Commission for their support of the application. 8. CONSENT AGENDA: City Manager Recommends Approval. 8.A. THIS ITEM WAS MOVED TO THE REGULAR AGENDA AS ITEM 9.A.A.A. 8.B. ACCEPTANCE OF AN EASEMENT DEED/DELAIRE COUNTRY CLUB: Approve and accept an easement deed for reclaimed water service with the Delaire Country Club. 8.C. CONTRACT CLOSEOUT (C.O. NO. 1/FINAL)/ROSSO PAVING AND DRAINAGE, INC./RAINBERRY WOODS NEIGHBORHOOD IMPROVEMENTS PROJECT: Approve a Contract Closeout (C.O. No. 1/Final) in the amount of $43,378.00 decrease and final payment in the amount of $11,177.10 to Rosso Paving and Drainage, Inc. for the completion of the Rainberry Woods Neighborhood Improvements Project. Funding is available from 334-6130-541-63.20 (General Construction Fund/Neighborhood Enhancements/Improvements other than Building LandscapingBeautification). 8.D. AMENDMENT NO. 3.3 TO SERVICE AUTHORIZATION/KIMLEY HORN AND ASSOCIATES, INC./MILLER PARK IMPROVEMENTS: Approve Amendment No. 33 to Service Authorization No. 3.0 in the amount of $65,248.00 to Kimley-Horn and Associates, Inc., for Construction Administration Services regarding the Miller Park Improvements. Funding is available from 334-4173-572-63.90 (General Construction Fund/Other Improvements). -4- 12/09/08 8.E. PRESERVE AMERICA LOGO: Approve a request authorizing the Mayor to execute a letter regarding use of the Preserve America Logo. 8.F. AMENDMENT NO. 1 TO INTERLOCAL AGREEMENT/COMMUNITY REDEVELOPMENT AGENCY (CRA) CONSTRUCTION/PROFESSIONAL SERVICES: Approve Amendment No. 1 modifying Exhibit "A" to the Interlocal Agreement between the City and the Community Redevelopment Agency (CRA) for funding construction/professional services for certain projects. 8.G. AMENDMENT NO. 2 TO DOWNTOWN MARKETING CO- OPERATIVE AGREEMENT: Approve Amendment No. 2 to the Downtown Marketing Co-operative Agreement with the City, Community Redevelopment Agency, Downtown Development Authority and the Chamber of Commerce to extend the term until December 31, 2011 and set forth the responsibilities of the parties. 8.H. AUTHORIZATION FOR THE SUPERVISOR OF ELECTIONS TO HANDLE/CANVASS ABSENTEE/PROVISIONAL BALLOTS AND REPRESENT THE CITY AT LOGIC & ACCURACY TESTS FOR THE FIRST NON- PARTISAN ELECTION: Authorize the Palm Beach County Supervisor of Elections to handle and canvass the City's absentee and provisional ballots for the March 10, 2009 First Non-Partisan Election, and represent the City at the requisite Logic and Accuracy tests. 8.I. FY 2007-2008 CONSOLIDATED ANNUAL PERFORMANCE AND EVALUATION REPORT (CAPER): Approve the Consolidated Annual Performance and Evaluation Report required by the United States Housing & Urban Development Agency (HUD) for utilization of federal grant funds for Fiscal Year 2007-2008. 8.J. RESOLUTION NO. 61-08/AMENDMENT TO LOCAL HOUSING ASSISTANCE PLAN (CHAP): Approve and adopt Resolution No. 61-08, an amendment to the Local Housing Assistance Plan (CHAP) as required by the City's State Housing Initiatives Partnership (SHIP) Program authorizing and directing the Mayor to execute any necessary documents and certifications needed by the State; authorizing the submission of the Local Housing Assistance Plan for review and approval by the Florida Housing Finance Corporation; and providing an effective date for Fiscal Years 2007- 2010. 8.K. RATE AGREEMENT/FAMILY CENTRAL, INC: Approve a rate agreement between the City of Delray Beach and Family Central, Inc., to provide reimbursable funding from the Continue to Care Afterschool (CCA) Program and the Early Learning Coalition (ELC) for ninety-eight (98) childcare slots in the Parks and Recreation Afterschool Program. -5- 12/09/08 8.L. FUNDING AGREEMENT/GULFSTREAM GOODWILL INDUSTRIES: Approve a Funding Agreement between the City and Gulfstream Goodwill Industries in the amount of $37,000.00 to support ex-offenders returning to targeted neighborhoods within the City of Delray Beach. Funding is available from 115- 2126-521-83.01 (Special Projects Fund/Other Grants and Aid). 8.M. AGREEMENT/SAVION HOLDINGS, LLC: Consider approval of an agreement with Savion Holdings, LLC., to obtain a Certificate of Occupancy for Building 1 of the Latitude Delray project. 8.N. SERVICE AUTHORIZATION NO. 07-02/MOCK-RODS AND ASSOCIATES, INC. BLOCK 19 AND 20 ALLEY IMPROVEMENTS: Approve Service Authorization No. 07-02 in the amount of $25,000.00 to Mock-Roos Associates, Inc. for the design of Block 19 and Block 20 Alley Improvements. Funding will be provided by the Community Redevelopment Agency (CRA). 8.0. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period December 1, 2008 through December 5, 2008. 8.P. THIS ITEM HAS BEEN MOVED TO THE REGULAR AGENDA AS ITEM 9.A.A. (~. AWARD OF BIDS AND CONTRACTS: 1. Purchase award to Metron-Farnier, LLC. in the amount of $30,942.00 for the purchase of 25 refurbished 3" Spectrum 175G Water Meters at a unit cost of $963.00 each and three (3) - 6" water meters at $2,289.00 each. Funding is available from 442- 5178-536-61.81 (Water/Sewer Renewal & Replacement Fund/Water Meter Replacement Program). Mr. Fetzer moved to approve the Consent Agenda as amended, seconded by Mr. McDuffie. Upon roll call the Commission voted as follows: Mr. McDuffie - Yes; Mr. Bernard -Yes; Mayor Ellis -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes. Said motion passed with a 5 to 0 vote. 9. REGULAR AGENDA: 9.A.A. PAYMENT FOR ADDITIONAL SERVICES/KIMLEY-HORN AND ASSOCIATES, INC./SEACREST SOCCER COMPLEX: Approve a payment in the total amount of $5,876.36 to Kimley-Horn and Associates, Inc. for additional services required to complete the Seacrest Soccer Complex Project at the old Atlantic High School site. Funding is available from 380-4150-572-63.49 (Parks & Recreation Bond Fund/Soccer Complex). (ADDENDUM) -6- 12/09/08 Richard Hasko, Director of Environmental Services, stated this is a request from Kimley-Horn and Associates, Inc. for payment for additional services on the Seacrest Soccer Complex Project. Mr. Hasko stated the City did not award them construction administration scope on the soccer complex because of the relative simplicity of the project but staff found a couple of things that they needed to do and there were also some conflicts in the field as the project went on. He stated the City asked Kimley-Horn and Associates, Inc. to do that work on an hourly basis and this is what the two bills are for. Mr. Eliopoulos expressed concern over the invoicing date and the time that the work was actually done and why this is coming to the Commission at this time. Mr. Hasko stated the $3,010.00 was for the shop drawing review and approval and the attendance at the pre-work conference; the other services occurred over the course of the construction because staff needed them to come out and resolve some underground conflicts on the project. Mr. Hasko stated this was not in their scope. Mr. Eliopoulos moved to approve Item 9.A.A. (formerly Item 8.P., 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. 9.A.A.A. ACCEPTANCE OF WATER AND SEWER EASEMENT DEEDS/VILLAGE AT DELRAY: Approve and accept three (3) easement deeds from Village at Delray over existing water, sewer and force main lines within the proposed development of Village at Delray located along the east side of Auburn Avenue just south of S.W. 4~ Street. Mr. Bernard declared a conflict of interest and stepped down from the dais. Randal Krej carek, City Engineer, stated this item is regarding obtaining easements over existing facilities that are in the Auburn Trace Redevelopment area. Mr. Krejcarek stated the reason the City needs these easements over the existing utilities is because they are going to be putting new water and sewer facilities in. However, until those are in and actually accepted by the City, we have to maintain access to maintain the existing facilities because there are residents living there and they have to go through the planning process prior to beginning any construction. Mr. Krejcarek stated the platting process actually does away with the easements that are over the existing utilities. He stated they are giving the City a temporary easement which the City will abandon once the new facilities are in place. Mr. McDuffie moved to approve Item 9.A.A.A. (formerly Item 8.A), seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mayor Ellis -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. McDuffie -Yes. Said motion passed with a 4 to 0 vote. -7- 12/09/08 9.A. CONDITIONAL USE REQUEST/ATLANTIC PLAZA II: Consider a conditional use request to allow a building height in excess of forty-eight feet (48') and to accommodate a proposed building height of sixty feet (60') for three of the six buildings within Atlantic Plaza II, a proposed mixed-use development, located between N.E. 6th Avenue and Veterans Park and between East Atlantic Avenue and N.E. 1st Street. (Quasi-Judicial Hearing) Mayor Ellis read into the record the City of Delray Beach procedures for a Quasi-Judicial Hearing for this item and all subsequent Quasi-Judicial Hearings. Chevelle D. Nubin, City Clerk, swore in those individuals who wished to give testimony on this item. Mayor Ellis asked the Commission to disclose their ex parte communications. Mr. McDuffie stated he has attended three Charrettes, two individual updates; spoke to Mr. DeSantis, Mr. Milmoe, Mr. Vander Ploeg, and Attorney Michael Weiner on numerous occasions regarding the project. Mr. Bernard stated he met with Mr. Milmoe, Mr. Vander Ploeg, and Attorney Michael Weiner. Mayor Ellis stated she spoke with Mr. Weiner and the Principals of CDS International Holdings, Inc. and their associates, and attended one Charrette. Mr. Eliopoulos stated over the last 1 ~/z years he has met four separate times to review the progress of this project with the designers, the actual principals and their attorney. Mr. Fetzer stated he has had several meetings with the developer Mr. DeSantis, Mr. Milmoe, Mr. Vander Ploeg, and Attorney Michael Weiner updating him on the status of the redesign of the proposal for Atlantic Plaza. Mr. Fetzer stated he also received some petitions; one from residents of Delray Summit opposed to the conditional use and also received a petition from Barbara Haynes who has a list of residents who are in favor of the conditional use. Mr. Fetzer stated he also received numerous emails both for and against the project and he will provide those emails to the City Clerk. Paul Dorling, Director of Planning and Zoning, entered the Planning and Zoning Department project file #2008-182 into the record. Mr. Dorling stated the item before the Commission is a conditional use request to increase the building height to a maximum of 60 feet. The site includes all of the Atlantic Plaza plus the block to the west and it also includes a future request for an abandonment of 7~ Avenue. He stated the site currently contains five buildings that were constructed between 1962 and 1979 and also includes the gasoline station which was previously located at the northeast corner of Atlantic Avenue and 6~. Mr. Dorling stated the gasoline station has been demolished and is now awaiting redevelopment. The current development proposal is for amixed-use project which will consist of six buildings with approximately 89,126 square feet of retail floor area, 29,709 square feet of restaurant floor area, and 111,628 square feet of office area. The residential component of the new development consists of 197 dwelling units (19 townhomes and 178 condominiums). The parking for the project consists of sub-grade parking (automated parking system and self parking). Mr. Dorling displayed the site plan and stated the conditional use is to allow a height of 60 feet for the building that sits against Veteran's -8- 12/09/08 Park. He stated the fifth floor (area between 48 feet and 60 feet) is for residential use only. Mr. Dorling explained that the northwest portion of the site would go to 60 feet and there is a requirement that anything within 150 feet of anything zoned RM (Medium Density Residential) cannot seek an increase in height so that portion of the building which was previously envisioned to do that is not allowed by Code and the applicant has complied with that. At its meeting of December 6, 2005, the City Commission considered a redevelopment proposal in 2005 for this; however, that development was not the same size and did not include the block west of Atlantic Plaza but did have significant development. The City Commission did not support that and sent it back to staff and this is a response to that direction. At its meeting of October 20, 2008, the Planning and Zoning Board considered the current development proposal for a mixed use project to increase the maximum building height. Some people spoke in opposition and some in favor. After discussing the proposal, the Board voted 5 to 1 vote in favor to recommend approval to the increase in building height. Mr. Dorling stated on page two of the Planning and Zoning staff report the Planning and Zoning Board applied to the conditional use and noted that staff met with the applicant and some of those recommendations have been slightly reworded under staff's recommendation and a couple of these have been addressed and/or do not apply. Mr. Dorling stated the recreation amenity on condition #2 has been complied with and condition #7 does not apply. The City Attorney asked if it is buildings # 1-4 that would have the increased height. Mr. Dorling stated the increased height would be for buildings #3, #4, and #6. The City Attorney commented about the conditions attached to the Board Order and inquired if staff would like to eliminate condition #7. Mr. Dorling suggested that the City Commission approve this subject to the seven conditions and noted that staff has already met with the applicant and those that would not apply staff will deal with as they move forward. Bill Milmoe, President of CDS International Holdings, Inc., owner of the Atlantic Plaza and Redeveloument site (Auulicant), stated the redevelopment of this project is substantial and on a recurring basis the redevelopment will generate more than $2.5 million in tax revenue annually for the community and will create many new jobs. There will also be many one time benefits including more than $2 million in building permit fees and substantial construction jobs will be created. Mr. Milmoe stated the request for the additional 12 feet of height has received staff recommendation, approval of the Community Redevelopment Agency (CRA), the Downtown Development Authority (DDA), and the Planning and Zoning Boards. He stated their request is not for rezoning or variances but it is to work within the existing Codes conditional height provisions. Mr. Milmoe stated CDS is eager to move these plans forward and to make a significant investment in downtown Delray Beach's future and quality of life. -9- 12/09/08 Carl DeSantis, Princiual of CDS, stated he has lived in Delray Beach for almost ten years. He stated they have assembled a top flight team to guide us through the City's equally talented City officials to construct this project to be the finest in all areas. Mr. DeSantis stated they are currently interviewing the top contractors throughout the country thus integrating the City's desires and his desires to erect this plaza. Mr. DeSantis stated he wants the best and promises to deliver the best. Michael Weiner, Attorney with Weiner, Aronson & Mankoff, 10 S.E. lgt Avenue, Delray Beach, stated the project is Atlantic Plaza and is located on Atlantic Avenue which is on the south N.E. 1st Street, on the north Veteran's Park to the east and northbound Federal Highway. Mr. Weiner stated the plaza will comprise of 2~/z City blocks and noted that this is more than 7 acres. He stated this is really three projects in three phases with a central theme but a different architectural approach. Mr. Weiner stated all of the present buildings on the site will come down including the 57 foot office building and in its place will be the phase development. He stated the phasing is organized as to allow construction with the least amount of inconvenience to those around them. Mr. Weiner explained that tonight they are talking about a conditional use and not rezonings, not variances or waivers. Mr. Weiner stated under the laws of the State of Florida once you meet the requirements of the ordinance you meet your burden of proof. He stated they received a favorable staff report and briefly reviewed the requirements of a conditional use (Future Land Use Map/Commercial Core, Consistency with the Comprehensive Plan objectives, Concurrency, Consistency with Performance Standards). Mr. Weiner stated the Performance Standards listed on page 6-11 of the staff report have been met. He commented that LDR Section 2.4.5(E), which they have met, noted that there must be a finding that the project will not have a significantly detrimental effect of the stability of the neighborhood and the second part is that it will not hinder redevelopment (pages 14-22 in the staff report). Mr. Weiner stated the removal of the halfway house, the gasoline station, and that surface parking actually increases the stability of the neighborhood. Mr. Weiner referenced LDR Section 4.3.4(4)(J)(b) and noted (1) that they are in the appropriate area, (2) the top floors will be residential use, (3) they will comply with the workforce housing ordinance, (4) & (5) 50% or more of the ground floor frontage will consist of non-residential use. The applicant is providing courtyards, plazas, and landscape setbacks. Mr. Weiner stated they are using height to create open space and make this project inviting to the general public and carry out the City's Master Plan as well as the comments from the Treasure Coast Regional Planning Council. The conclusion of the Treasure Coast Regional Planning Council states that "having reviewed these drawings the project as designed meets all of the objectives." Michael J. Covelli, President of Covelli Design Associates, Inc., 2295 N.W. Coruorate Boulevard, Suite #213, Boca Raton, stated the site plan on the left was previously reviewed by the Planning and Zoning Board and the site plan on the right displays the main changes of the alignment of N.E. 7t~ Avenue down on Atlantic Avenue. Mr. Covelli stated they have also rearranged some of the buildings themselves in terms of the way the configuration is. He made reference to an approval letter from FDOT (Florida Department of Transportation) and pre-application meeting that approves the intersection of 7t~ Avenue and Atlantic Avenue as well as the Federal Highway intersections that FDOT would have jurisdiction on. Mr. Covelli stated Ordinance No. -10- 12/09/08 67-04 did some clarifications in terms of the area and further clarified the height regulations. Mr. Covelli stated the intensity of over 48 feet has decreased by the redesign of the site and noted that they maintained the grid pattern with this plan, it initiates some traffic calming principles, and it keeps the actual conditional use in the center of the site. Derrick Vander Ploe~, Vander Ploe~ and Associates, Inc. Architects and Planners for the project, stated they have tried to make this a sustainable mixed use destination and this is the connector to those areas to the east. He stated they have used the excess height sparingly for only the residential units in order to maintain about a 50% open space. Mr. Vander Ploeg stated the open space and the underground parking is the key to being able to provide the pedestrianism because it is about trying to maintain the character and scale of the downtown village atmosphere. He stated before they started designing anything they took a whole series of pictures of the downtown and they went through the historical pictures to try and find some of the existing architecture and the icons of existing buildings that are part of the fabric of downtown to incorporate those. Mr. Vander Ploeg displayed the architectural drawings and noted that by turning the buildings perpendicular and creating plazas, the muse, or elongated via between the buildings, they created the pedestrian connectivity at five different locations to the park. He urged the Commission to move forward with this conditional use and stated this is a key element to the overall design. Mayor Ellis stated if anyone from the public would like to speak in favor or in opposition of the conditional use request, to please come forward at this time. David Hall, resident of Delrav Beach, stated he has attended two Charrettes and supports the project and feels this is a gift to Delray Beach for the future as a legacy, signature, gateway and connector for east Delray to the beach and west Delray. Mr. Hall stated he supports the effort of all those involved and recognizes the value of the Commission for overseeing the project in making sure that it is built and comes to fruition in a timely fashion. June Hefty, 1000 Lowry Street, Delrav Beach, stated at the Planning and Zoning Board meeting on October 20, 2008 the Commission Chambers was filled with Delray Beach residents most of whom objected to the allowing of excess of 48 feet for three of the six buildings within Atlantic Plaza IL She stated the Commission was handed information on this project with letters of petitions, etc. Ms. Hefty expressed concern over how people will be able to get into Veteran's Park and feels that the park is so much a part of Delray Beach. She stated that 95% of those letters were against the request and 90% of those who spoke were against the 60 foot height. She stated she believes the Planning and Zoning Board approved 4 to 1 in favor of the height despite the residents' disapproval Ms. Hefty urged the Commission to reject this ludicrous proposal with cutting out our streets and building sky high and get back to reality. She stated that traffic is impossible across the Atlantic Avenue Bridge and there are already empty retail stores. Ms. Hefty urged the Commission to preserve Delray Beach our All American City. -11- 12/09/08 Chuck Jeroloman, Delray Beach Police Department and Certified OPTED (Crime Prevention Through Environmental Design) Practitioner, stated he has conducted 46 projects for the City and he has reviewed this project and it is a very well thought out project. Mr. Jeroloman explained that OPTED stands for Crime Prevention Through Environmental Design and it is internationally accepted. He stated OPTED looks at the plans and whether or not it is safe. Mr. Jeroloman stated with the cafe dining being outside and when the windows are out onto Veteran's Park it will help to stop crime because people will call the Police Department if they see something suspicious. He stated all his security concerns were addressed. Mr. Jeroloman stated some people he talked to on N.E. 7th Avenue were concerned over the offset and noted that it actually helps stop some of the traffic problems. He stated N.E. 7th Avenue is used as a bypass for people who do not live there to avoid Federal Highway and this will help to offset that. Mr. Jeroloman stated the other area he had a concern with is on the old site plan where there was one entrance going in and one exit going out and the problem with that is people going across from Palm Square not knowing the area would drive straight across into the exit only. However, Mr. Jeroloman stated this has now been addressed. Da~mar Heyda, owner of Sonoma Cafe located on N.E. 7th Avenue and Atlantic Avenue, stated this is a wonderful project and she fully supports this project. She stated this project will be a tremendous help to the community. Ann Marie Brown, Principals of the Arts Arena (currently a tenant in Atlantic Plaza), stated this is an artist co-op and nobody really comes into Atlantic Plaza because of the way the plaza is currently set up it is really a challenge to get people to come in. Ms. Brown stated this project would connect them to downtown Delray and would be great for everybody. Neil Bellinger, new resident to Delray Beach, stated this gives the City of Delray Beach the opportunity to have a Mizner Park and City Place in the downtown. Mr. Bellinger stated there is 57 feet there now and they are only asking for another three feet. He stated this project is nicer and more applicable to get people to go to Veteran's Park and do business in downtown Delray Beach. Gary Goldfarb, owner of the southeast corner of 502-506 East Atlantic Avenue, Delray Beach, stated this is a great project and feels this would add to everything in the area. Bob Victorin, representing the Beach Property Owners Association, stated he came to Delray Beach in the early 70's and Atlantic Plaza at that time was a very vital center with restaurants, office space, a gourmet wine and deli store, and retail space. Mr. Victorin stated it is obvious that there has been a downturn so it appears that the redevelopment of the area has indicated to gain lost real estate values. He stated the developer has utilized the required open step back design guidelines including numerous green areas and the BPOA is thankful that they are not pursuing the relocation of 7th Avenue because this would have caused dangerous traffic conditions at the intersection of Atlantic Avenue and 7th Avenue. Mr. Victorin stated the traffic calming that will be incorporated in the development will benefit in a major way the Palm Trail community. -12- 12/09/08 However, the project impacts the residents east of the Intracoastal and the BPOA has several concerns. Mr. Victorin stated the BPOA is not in favor of 5-story construction in Delray Beach because they feel it is not consistent with the village atmosphere which is slowly disappearing. He stated the Atlantic Plaza 60 foot conditional use appeal in three elevations would change the Cityscape venue along the Intracoastal from the east vantage and the bridge view plus obstructing Veteran's Park in a major way. He stated this area is not typical of the core central business district and it is more relaxed and tall buildings do not fit this neighborhood. Mr. Victorin stated development will bring congestion, heavier traffic complicated by the Atlantic Avenue Bridge where traffic delays now are not uncommon. Therefore, he stated maintaining the 48 foot height limit would help to reduce a general condition of overcrowding. Mr. Victorin stated that the BPOA requests that the application approval include requirements that the developer not intrude on traffic lanes causing a loss of heavy traffic zones particularly Atlantic Avenue also requiring pedestrians to cross the main thoroughfare in mid-block or walk in the traffic lane itself. In addition, Mr. Victorin stated for several months or more Atlantic Avenue is still closed and Venetian and Gleason have just recently been open to two-way traffic. The BPOA feels that the developer should be required to cover sidewalks facing the construction site with covered scaffolding to protect walkers underneath. Mr. Victorin urged the City Commission to work together to minimize the concerns of the BPOA and maintain the height of the project at 48 feet and create safety standards for pedestrian traffic. He stated the BPOA noticed on the site plan that 7~ Avenue to Federal Highway will have a median constructed in the middle of Atlantic Avenue. Mr. Victorin inquired if the four lanes now plus one turning lane going onto 6~ Avenue would be reduced in any manor or would the existing lanes that are now in place remain. Kyle Kuberski, 345 N.E. 8th Avenue, Delrav Beach (lives about 3 blocks north of the site), stated he has attended a couple of the design charrettes, the Planning and Zoning Board Meeting, and the first City Commission Meeting regarding this issue. He stated there were several comments and the developer and the design team have been very responsive in addressing these comments and concerns and thanked them for doing so. Mr. Kuberski stated fundamentally this is a very important area of Delray Beach and something needs to happen at this site because it is mostly vacant property so something needs to occur so that we can get redevelopment going and bring people to the downtown area. He stated the proposed increased height is towards the center of the project and allows for less density on the ground floor, and provides a lot of opportunities for seating and pedestrian access on the ground floor. He stated height is similar in scale to the Colony Hotel which is on the next block. Mr. Kuberski stated this is a good project and supports it. Joann Peart, 107 N.W. 9th Street, Delrav Beach, stated Delray Beach ha something that most of the other neighboring cities do not have and that is a real downtown. Mrs. Peart made reference to a poster made by the Orchid Society Meeting and noted that the poster stated "in historic downtown Delray". She stated from the Atlantic Avenue Bridge to Swinton Avenue we have saved the historic downtown. Mrs. Peart expressed concern over the increase in height because if we want to keep that historic feeling from the bridge to Swinton Avenue this needs to fit into the scale. She stated one of the City's most important historic districts is directly across the street and -13- 12/09/08 the City is getting ready to apply to get this on the National Register. Mrs. Peart stated 48 feet is very high and she does not see why the developer needs another 12 feet. She stated the City's efforts and preservation in the historic nature that we have saved is what really attracts people to Delray Beach. Mrs. Peart urged the Commission to support something that is compatible with what we have. Alieda Riley, 65 Palm Square, Delray Beach (historic neighborhood immediately south of Atlantic Avenue), expressed concern over the traffic that will be generated from these 60 foot buildings. Mrs. Riley stated she attended all the Charrettes and residents asked questions about the height of these buildings and what was going to be there they said that their main purpose of being there was to discuss the park and there was very little discussion about the buildings. She stated Mr. Weiner said that one of the ordinances says that you should consider the neighborhoods around the project and noted that she has heard very little about the neighborhoods around the project. Mrs. Riley urged the Commission to consider that her neighborhood is historic. Carolyn Patton, 1020 Tamarind Road, Delray Beach (also owns urouerty in the Marina Historic District), stated she appreciates the efforts of Mr. DeSantis and his employees of really working with Delray Beach but she feels there are some problems that need to be addressed. She stated as Mr. Weiner said you have to take into account the detrimental affects on the neighboring neighborhoods. Ms. Patton stated there are two areas where she feels a detrimental affect is being felt by these current plans; one is Veteran's Park and she does not want to give the park away because it was the first City park in Delray Beach. The other detrimental affect is on the Marina Historic District. Ms. Patton suggested that the developer keep the height at 48 feet and play up their vistas and their open spaces a little more then this would be a great project. Chuck O'Mana, 1000 Lowry Street, Delray Beach (across from where the uroiect is urouosed to be), stated he walks from the beach down Atlantic Avenue to Swinton Avenue and sees more and more vacant property coming on the market every day. Mr. O'Mana stated he talks to real estate agents who have informed him that nothing is moving. He stated we are living in very difficult times right now with regard to the economy. Mr. O'Mana stated he cannot understand at this point in time that these people want to build this type of project and expressed concern that the property could become blight. Mr. O'Mana stated he is against the project for many of the reasons that have already been stated and commented that at the last meeting he attended 95% of the people were against the project and today it does not come across that way because when he walked down the Avenue where it said "Public Hearing" was crossed off. Mr. O'Mana stated he heard about this City Commission Meeting at 5:00 p.m. today by chance. He suggested that when the City holds the Elections on March 10, 2009 that there be a Referendum on this project. Arlen D. Dominek, 50 East Road, Delray Beach, stated he has the privilege of living in a building referred to by former Council members as "the ugliest building in town". He stated having been a resident of Winter Park he appreciates how a nice downtown makes a difference. Mr. Dominek stated he too has been to Mizner Park and City Place. He stated living in an ugly building and knowing what a nice community -14- 12/09/08 can look like he expressed concern over any development that is done. Mr. Dominek stated he agrees that this is an important part of the community and that it needs to be done right. Mr. Dominek stated if this plaza is currently empty it may be for no other reason than no one has been able to have along-term lease. He does not feel that this should be used as an excuse for development of this property. Mr. Dominek stated change is necessary and we do need more density; however, we do not need empty spaces. He asked how the property is going to be used and what things will be provided to the citizens of Delray Beach. Mr. Dominek feels that this needs to be done right and stated we must adhere to the law and if the law says it is going to affect our neighbors, we have not satisfied the law. Tom Carney, Delrav Beach resident, stated this is a very exciting project that has needed development for a long time and commended the developer for the magnificent way he has put this project together. Mr. Carney expressed concern over the relocation of N.E. 7th Avenue. Mr. Carney stated although he does not live in this neighborhood, he works in this neighborhood, lives in Delray Beach, and uses Delray streets. Mr. Carney stated he uses N.E. 7th Avenue every day and the problem is not with the north end of the property. He appreciates the theatrical point that it may change the traffic pattern to some extent. Mr. Carney stated making two turns is not necessarily an improvement. He would have welcomed this had the developer done the same curving that they did on the south side to the north side to connect to that road. He stated reference was made to Mizner Park and the problem with that project is the same problem here. Mr. Carney stated while looking at the design of the road it is part of the overall project and the reality is that he does not feel people will be turning in there because they are going to think it is part of the project and not 7th Avenue. He stated the height of the buildings is based on where the road is located and if the Commission approves the conditional use as is then the road is there and does not think you can do one without the other. Mr. Carney urged the Commission to look at where the road is going to be positioned and asked that it come out on 7th Avenue. Mr. Carney stated before the determination is made that the road is overburdened that a study be made to see whether or not it is overburdened. Mr. Carney stated he is in favor of the project and would like to see N.E. 7th Avenue be a continuous road. Yan Hansen, Land Street, Delrav Beach (east of the Intracoastal), stated he is a Certified Planner by training and has approximately 25-30 years experience. Mr. Hansen stated he supports this project and feels it is important to remember that when he first came to Delray Beach in 1983, Delray was no-where's-ville. He stated they carried out a long consensus driven effort through Charrettes, plan changes, and program expenditures to create the City that Delray Beach has become today. Mr. Hansen stated this block has been a missing gap for a long time for two reasons: (1) because you have to cross 5th and 6th Avenues which are there only because there was no interstate when they made the one-way pairs years ago; (2) to cross from the Colony Hotel eastward you lose that pedestrian scale and context that we have all the way west to the railroad track and even beyond the railroad track. Mr. Hansen stated trying to extend Atlantic Avenue east to the Intracoastal and to make the further connection across to the retail on the east side of the Intracoastal is a critical missing piece. He stated not only does it extend east/west but also extends north south. Mr. Hansen stated this will help in making sure -15- 12/09/08 that the downtown is redeveloped in concert with the vision, the program, the plan, and the zoning that has been carried out since those visions were adopted years ago. He stated this can be a destination for the residents of this town and it can also help the merchants along Atlantic Avenue. Alice Finst, 707 Place Tavant, Delray Beach, stated there is an alley off Federal Highway that seems to have disappeared with this project. She stated she does not think we need to give away our alleyway system to a developer. She stated we paid for those alleys and were able to use them as alternatives. Mrs. Finst stated the developer made reference to respecting to the Delray Beach heritage but when you cut off the entrance to Veteran's Park she does not feel that this is respecting our heritage. Mrs. Finst expressed concern over this increase height from 48 feet to 60 feet for extra housing because she saw what happened to the Delray Marina property where 48 feet became 63 feet. She stated these buildings on Atlantic Avenue will be right up to the sidewalk and urged the Commission to look at the entrance to Veteran's Park and noted just the dynamics of driving to get there is very significant. Mrs. Finst asked if we are giving this away. Michael Singer, Delrav Beach resident, stated obviously something needs to be done at this site but feels what is it that we are doing at this site is really more the question than we have to do something. Jane Fields, lives on 319 S.E. 7t'' Avenue, Delrav Beach, stated this is a great project and wholeheartedly supports it. Jose Herrera, 14897 Whatley Road, Delrav Beach, stated he really likes this project and commented that it extends the downtown. Susan Oktay, 1000 Lowry Street, Delrav Beach, stated she has written the Commission personal emails and headed a couple of petitions on this project in general and specifically on the conditional use as well as the abandonment of the several roads. Ms. Oktay asked when the traffic increases to the point where people need to get in and out of the city quicker is the plan to take a bridge across N.E. lst onto Lowry Street in front of their building. Marv Walton, Bond Way, Delrav Beach, stated she agrees that the time has come for something here and she supports small businesses, small restaurants, and small co-ops, etc. However, she feels this is an opportunity for Delray Beach to something extraordinary not just ordinary. Ms. Walton stated in her opinion this project is ordinary and reminds her of what is being built at Woolbright Road and Federal Highway (i.e. massive facades). She stated she wishes this could be visionary and more compatible with the village-by-the-sea. Ms. Walton stated Delray Beach needs to keep the vision of being unique and asked why this cannot be done within the limits and why does there always have to be a conditional use put on it. -16- 12/09/08 Steve Miskew, 819 N.E. 1St Court, Delray Beach (one street north of the project), stated the office building there is 57 feet so we are talking about an additional 3 feet on 3 of the 6 buildings. Mr. Miskew stated the buildings are nicely designed and positioned in the middle of the project. He stated giving the opportunity to promote more open spaces and less density on the ground floor in exchange for 12 additional feet on three of the six buildings is a good move. Tom Honker, 615 Wi~~in Road, Delray Beach (lived in Delray Beach for 43 years), stated he has seen ups and downs, boom and bust, and saw the 1973/1974 stock market collapse and stated we are in a similar time now. Mr. Honker stated we are in the greatest real estate collapse since the great depression and we do not know when it is going to end. He stated he drives around Delray Beach and he sees places that look like war zones that were once viable shopping centers. He stated we have devastation on Wall Street and have yet to see what the possible devastation will be in real estate. He stated he finds it appalling that people are actually still building projects and the projects that have failed. Mr. Honker stated these are dangerous times to be making big decisions and many people have lost a lot of money both in real estate and in the stock market. There being no one else from the public who wished to address the Commission regarding the conditional use request, the public hearing was closed. There was no cross-examination. There was no rebuttal made by the Planning and Zoning Director. The following individual gave a brief rebuttal: Mr. Weiner stated there is no cut-off to Veteran's Park and noted that it is still on 1St Street and they will be able to go directly out onto Atlantic Avenue. He stated they are actually reducing the cuts in and around the area by eight, they are eliminating the gas station, they meet concurrency. Mr. Weiner stated the new traffic pattern is actually superior and noted even the Police have said that it is going to be superior in terms of the traffic problems. He stated height does not necessarily induce intensity and in fact height relieves intensity because it puts all the mass at the center. Mr. Weiner stated the average height of all the buildings overall is about 45 feet when you actually look at the project. He stated there is stability that is brought to the neighborhoods as a result of this project and it eliminates inconsistent uses. Mr. Weiner stated the five-story buildings are over 200 feet from the Marina neighborhood and along the eastern portion of the park only 40% has five-story buildings; 60% of the park view is actually two-story buildings, three-story buildings, or open space. He stated Mizner Park is four times the size of this particular project and it is big for Delray but not for other cities. Mr. Weiner stated this keeps the grid and the traffic is coming from Palm Trail and it keeps the Marina neighborhood from being a shortcut speedway and it has a reliever road that is a commercial road and it is approved by the FDOT (Florida Department of Transportation). He stated they backed up the buildings as far as they are allowed to according to City ordinances and noted that there is almost 20 feet when taking a look at the sidewalks, parking, and the landscaping along the streets. Mr. Weiner stated they are concerned -17- 12/09/08 about green and that will be a subject later and is something that is not discussed with a conditional use. He stated they comply with workforce housing and noted that they were not generic, not massive, and they were not repetitive. Mr. Weiner stated they are 3-5 years out for this project and it will take that long for them to get to the stage of building permits. Mr. Weiner stated this project meets every single requirement of conditional use, the ordinances, the Comprehensive Plan and under those circumstances substantial competent evidence has been produced. Mr. Weiner urged the Commission to go onto the next phase (i.e. site plans, etc.) and approve the conditional use as the Commission has done with other prof ects. Mr. Bernard made reference to page 11 of the staff report and asked if Mr. Weiner has met the required findings relating to increase in height (LDR Section 4.3.4(J)(4)(b) in regards to his project being 150 feet from any zoning district. In response, Mr. Weiner stated they have met this requirement. Mr. Bernard asked how Mr. Weiner plans to address the workforce housing requirement. In response, Mr. Weiner stated they plan to meet the ordinances applied to them. He stated the ordinance has changed somewhat so that you now have three options and they have not chosen the option because they still have the site plan process to go through. However, Mr. Weiner stated they will choose one of the three methods and meet the workforce housing ordinance to the exact letter of the law. Mr. Weiner explained that the City's ordinance does not require them to elect an option it just requires them to do it. Mr. Bernard made reference to page 12 of the staff report subsections 4.3.4(J)(4)(b)(iii)(1) "That for each foot in height above 48 feet, an additional building setback of two feet is provided from the building setback... "Mr. Weiner stated he thinks there is a choice of two out of three and they chose item (ii) and item (iii) and they have met both. Mr. Bernard stated he sees where they have met item 43.4(J) iii (2) but he expressed concern over item 4.3.4(J) iii(3) not being met. Mr. Bernard made reference to subsection 4.3.4(J)(4)(b)(iii)(3) "That open areas, such as courtyards, plazas, and landscaped setbacks, be provided in order to add interest and provide relief from the building mass." Mr. Weiner stated with respect to the site plan, there are open vias that do have rooftops which are open walkway areas surrounding each of the buildings; the open space to the sky is over 50% (half of the project). In addition, Nlr. Weiner stated they have vias and walkways which are covered to give a great pedestrian atmosphere. Derek Vander Ploe~, Vander Ploe~ and Associates, Inc. Architects and Planners for the uroiect, stated at the entrance at Atlantic Avenue and USl northbound there is a substitute area that is a plaza. He stated this three-story building is setback to allow for a window for the anchor store thus creating a fairly sizeable public plaza, fountains and the like. Also, for public art and transitory public spaces and the same is as the rather large volume that is between building #4 that extends through this building through the outside. Mr. Vander Ploeg stated the muse that runs down between the buildings or elongated via provides an opportunity as well as access to the park. He stated they have tried to step off the corners to allow for a variety of different public features and the other thing that they have taken into consideration is that the art guild has -18- 12/09/08 approximately 24 or 26 different events every year that are currently confined to the grass area for Veteran's Park and they will have the ability to come down the vias and the streetscapes. Mr. Weiner stated for clarification subsection 43.4(J)(4)(b)(ii)(1) reads "Workforce housing units, equal to twenty percent (20%) of the residential units on the top floor, shall be provided within the development on-site, off-site, or through monetary contributions." However, Mr. Weiner stated if it is a requirement tonight in order for the Commission to feel comfortable that they have met each criteria then they choose the monetary contributions which are $160,000.00 each. Mr. Bernard inquired about LDR Section 2.4.5(E)(5)(A) which states "that it will not have a significantly detrimental effect upon the stability of the neighborhood in which it will be located." He asked if this project will affect Veteran's Park. In response, Mr. Weiner stated it will only have a positive affect on Veteran's Park. He stated the Police Department has indicated that the redevelopment of this particular plan will actually address crime which has been a difficulty with respect to Veteran's Park. Mr. Weiner stated they are not building in Veteran's Park and noted that they are getting a superior way of ingress and egress to Veteran's Park. Mr. Weiner stated they are maintaining and not touching anything that has to do with the entry on 1st. He stated they are not having a detrimental effect upon the stability of the neighborhood. Mr. Bernard inquired about LDR Section 2.4.5(E)(5)(B) which states "Nor that it will hinder development or redevelopment of nearby properties." He stated with the current state of the economy and since condominiums are having a hard time being sold right now, Mr. Bernard asked if these 178 units cannot be sold will these become rental units. Mr. Weiner stated the City of Delray Beach does not discriminate and renters are as good a class of people as homeowners. He stated this is not distinguished in the law because renters keep up their properties just as well as homeowners. Mr. Weiner stated the most likely scenario is the Commission will not even see the first clearing for approximately three years and it could be five years. Mr. Weiner stated they do not know what kind of economic fortunes they will be facing in the next 3-5 years. He stated if the Commission does not grant height that does mean that the quality of the types of residential units they will be able to sell actually decreases. He stated this is giving them the opportunity to take an "A" Class site and build "A" quality units for those people who have no other place to duplicate this particular location. Mr. Eliopoulos stated on October 17, 2005 the first project for Atlantic Plaza came before the City Commission. He stated it was half the size and the entire western block was not occupied. Mr. Eliopoulos stated he believes they came into Planning and Zoning with a higher number and commented about 47 units per acre. He stated they are talking about a much larger site and you got somebody coming in with 197 units and that is a big difference. Mr. Eliopoulos stated we have to look towards the future and noted that Atlantic Avenue is Delray's jewel and is the pedestrian flow. He stated one of the biggest problems on Atlantic Avenue is the gap and when you get across Federal Highway northbound and southbound this plaza is dead and people are not crossing over the bridge. -19- 12/09/08 Mr. Eliopoulos stated the businesses on the east side are saying that something needs to be done. He stated the Master Plan is to reinforce the pedestrians to keep going back and forth on Atlantic Avenue. Mr. Eliopoulos stated this is a partnership and the businesses are part of the partnership for Delray's success. He stated he received numerous emails and noted although he has not responded he has read them all. Mr. Eliopoulos stated Delray Beach is a success story and this is not an every day project that you see all over the place. He stated he met with the developer numerous times about issues and every time the developer responded. Mr. Eliopoulos stated they held Charrettes regarding the park. He commented about the vistas with this project and when looking at some of these vistas you can see into the park all the way through. Mr. Eliopoulos stated he had a big issue with how do we circulate the park and one of the biggest issues on Atlantic Avenue is the traffic. He stated he did not support this project when it went through Planning and Zoning because it did not align the streets. He stated they have actually re-routed it and addressed these issues. Mr. Eliopoulos stated a park is really meant to be coming from the back side and is meant for the pedestrians on Atlantic Avenue to walk onto the park. He stated Veteran's Park needs a lot of improvement; however, he does not think this developer should redesign it for the City. Mr. Eliopoulos stated there are security problems with this park and agrees that more eyes on the park protect the residents and makes this park a more friendly use. This project fronts Atlantic Avenue and those buildings are stepped down. He stated Treasure Coast Regional Coast looked at the City's first design guidelines and noted that they do not work and suggested that the buildings be designed with a tiered back on Atlantic Avenue to give relief. Mr. Eliopoulos stated he and the City Manager are on an Economic Development Committee and they are looking at different things to bring to Delray Beach. He stated the City's Master Plan says that we need residents but at the same time you have to compliment that with large office space and this brings a lot of elements to Delray Beach so that when we do come out of this economy Delray Beach will be ahead of the game. Mr. Eliopoulos stated once there is more people with offices it is going to help the businesses. He stated this project on every side is lower and its stepped back; the heights are in the center of the project. Mr. Eliopoulos supports this project and he thinks it is important to start looking at Delray Beach especially this site and a partnership. Mr. Fetzer stated this is a very important part of the downtown and a very large parcel to be developed at one time. He stated he strictly believes that we have to get this right and noted that he was opposed to the first Atlantic Plaza plans because he thought it was uncomplimentary to Veteran's Park. Mr. Fetzer stated he has always been a strong advocate of keeping the character of Atlantic Avenue quaint and believes we should not go more than three stories along Atlantic Avenue and this project has kept within those guidelines. He stated it appears that the density has been reduced from what could have been available based on the size of the property and most importantly it does bring amixed-use type of project into our downtown that would combine retail office and residential. Mr. Fetzer stated he completely agrees that it is inevitable that something was going to have to be done with this parcel. He stated we have an old suburban mall type location that has not done well and lots of surface parking. Mr. Fetzer stated there is minimal surface parking in this proposal and feels this is very important. He stated in order to keep the character of Atlantic Avenue at three stories to have atwo-story area on the north end of the property and keeping the larger buildings in the center is a plus. -20- 12/09/08 Mr. Fetzer stated he thinks these are some of the compromises that we have to make to have a well designed project and supports the conditional use. Mr. McDuffie stated there was a comment regarding the abandonment of several roads and asked staff to address this. He stated the abandonment of 7~ Avenue does not eliminate 7~. Mr. Dorling stated this will be rededicated back for ingress and egress and staff has emphasized that this needs to function as a street. Mr. Dorling stated 7~ Avenue is an abandonment that will be dedicated as a public easement for ingress and egress. Mr. McDuffie stated the City has been looking for quite sometime to be able to connect the areas of Atlantic Avenue (west and east). He stated the inventory of Class "A" office space in Delray Beach is zero and it causes us problems being able to attract people in that are looking for office space such as this. Mr. McDuffie stated the City needs something other than a restaurant to put Atlantic Avenue together and make it the vibrant place and also give it the longevity that we want it to have as well. He stated we need Class "A" office space and spaces that will entice anchor tenants into this such as a Borders bookstore. He stated this gives Delray Beach the opportunity to bring in those anchor tenants and helps us connect Atlantic Avenue to the residents across and the businesses on the east side of Atlantic Avenue who have been for quite a number of years begging the City to do something to make that area join to attract the pedestrians that walk as far as just west of this facility and stop to attract them over to the east side to the businesses that exist over there. Mr. McDuffie stated while he understands there are people who are thrilled with this project and people who are not, he feels this meets what we are looking for in the Master Plan and thinks it meets what we are looking for to establish continuity of Atlantic Avenue and therefore he supports this project. Mayor Ellis stated for the last 1 ~/z years as the City has been developing this proposal the developer has been very responsive to concerns and criticism that we have had and has reacted on those as well as to seek out public opinion and to listen to what groups and individuals had to say about the project. She stated it has evolved over the past 1 ~/z years as those comments have come forward and in conjunction with the other Commissioners she too will support this project tonight. 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. Bernard moved to adopt the Board Order as presented (approving the conditional use subject to the eight conditions set forth in Exhibit "A"), seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. McDuffie -Yes; Mr. Bernard -Yes; Mayor Ellis -Yes. Said motion passed with a 5 to 0 vote. At this point, the time being 8:39 p.m. the Commission moved to the duly advertised Public Hearings portion of the Agenda. -21 - 12/09/08 10. PUBLIC HEARINGS: 10.A. RESOLUTION NO. 60-08: Consider Resolution No. 60-08 adopting the final assessment roll, Osceola Park Special Assessment District. The caption of Resolution No. 60-08 is as follows: office). A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PROVIDING FOR THE CERTIFICATION AND ADOPTION OF THE PRELIMINARY ASSESSMENT ROLL FOR THE OSCEOLA PARK NEIGHBORHOOD SPECIAL ASSESSMENT DISTRICT TO INCLUDE THOSE PROPERTIES GENERALLY BETWEEN SE 2ND STREET AND SE 10TH STREET AND SOUTHBOUND FEDERAL HIGHWAY AND THE FEC RAILROAD, AS MORE FULLY DESCRIBED HEREIN; PROVIDING FOR THE ASSESSMENT AMOUNT AS TO EACH PROPERTY; PROVIDING FOR THE METHOD OF PAYMENT OF THE SPECIAL ASSESSMENT; PROVIDING AN EFFECTIVE DATE. (The official copy of Resolution No. 60-08 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. Brian Shutt, Assistant City Attorney, stated if the Commission chooses to adopt the resolution this evening they will be adopting the preliminary assessment roll for the Osceola Park Special Assessment District. Mr. Shutt stated the special assessment district is divided 1/3, 1/3, and 1/3 between the City, the Community Redevelopment Agency (CRA) and the property owners. The City is also going to be doing some improvements in the area that are not included in the assessment amount that the City will be paying for itself. Randal Krej carek, City Engineer, stated the improvements will include assessable and non-assessable improvements. He stated the assessable improvements will include items such as pavement of the alleys, sidewalks, and the traffic calming; the non-assessable will be the water main upgrades, stormwater improvements, and resurfacing of some of the streets. Mr. Krejcarek stated the traffic calming is mainly at the entrances along Federal Highway, S.E. 10~ Street, S.E. 2nd Street, and South Swinton. He stated there are also going to be a couple of round-a-bouts and some speed humps within the neighborhood. Mr. Krejcarek stated staff has met with the neighborhood several times and one of the concerns the neighbors have had all along is the cost of the project. Mr. Krejcarek stated the assessable items will be divided up 1/3, 1/3, and 1/3 -22- 12/09/08 between the City, the CRA, and the residents. The cost per resident is an issue and most residents wanted to know what the number was going to be. Mr. Krejcarek stated when staff last met with them as a neighborhood the City was not sure which way they were going to do the assessment so staff gave it to them in a per parcel and per square footage assessment. He stated typically for previous assessments the City has calculated it on a square footage basis. Staff told the residents that the cost per square foot was going to be somewhere around .19 per square foot and if it was going to be done on a per parcel basis it was going to be around $2,000.00 per parcel. Mr. Krejcarek stated staff decided to go with the square footage assessment because the lots are varied in size. He stated using the square foot basis the City has approximately 65% of the parcels assessed at $2,000.00 or less. He stated there are some assessments that are double the $2,000.00 because the parcel is equal to two typical lots within the neighborhood. Mr. McDuffie stated a resident previously came before the Commission expressing concern over whether it was absolutely necessary to pave the alleys and that it was not necessarily at the desire of all the residents to pave the alleys. Mr. Krejcarek stated that comment did come up in meetings with the neighborhood and staff sent out a survey and the City received a little over 30% response rate on that survey and those responding did want the alleys paved. Mr. Krejcarek stated this is why staff is moving forward in that direction. Mr. Eliopoulos inquired about the timeframe of the project. In response, Mr. Krejcarek stated if staff moves forward with the project as it is being presented tonight, the plan is to construct it in two phases over two fiscal years. He stated staff would advertise early next year and then do the first phase in this current fiscal year and budget for the second phase next fiscal year. Mr. Krejcarek stated that project could be started in early 2010 and if the project was completed on time in 2010 the earliest that the assessment would hit the tax rolls and the residents would see the assessment would be in the fall of 2010 but more likely it may be the following year 2011. He stated the City cannot send out the actual assessment bill until the project is 100 percent (100%) complete. Mr. Shutt stated with regard to the preliminary assessment roll after this project is complete this will come back to the Commission for the adoption of the final assessment roll and at that point in time staff will look at the cost. If the costs exceed what the costs are as far as whether the City Commission adopts a number tonight, then anything above that the homeowners would not be charged. Mr. Shutt stated therefore the homeowners are capped at that amount. He stated if the costs come in smaller or lower than what the estimates are, then the property owners would receive the benefits of that. Mr. Shutt stated there is also something in the resolution that although there is a lump sum cost residents can pay in ten (10) annual installments at an interest rate of 8%. Mr. McDuffie asked if staff considered photometrics in this. He stated he has had discussions over the last year or so with residents from the Osceola Park neighborhood who expressed concern over crime issues and Mr. McDuffie would like to ensure that street lights are a part of the assessment. - 23 - 12/09/08 Mr. Krejcarek stated street lights are not a part of the Osceola Park Special Assessment; however, the City has a separate program whereas staff will go into any neighborhood and if they request it the City will have FPL go in and upgrade the street lights or install new street lights if there are no street lights in the neighborhood. Mr. Krejcarek stated that can be done separate whether or not the Commission decides to move forward with this project or not. Mayor Ellis declared the public hearing open. fa stated he is in a commercial district and just received notice of this meeting today. Mr. Remas stated if his property is not residential he does not understand how he got on this tax roll. William Lennox, 812 S.E. 3rd Avenue, Delray Beach (Osceola Park), stated he hopes the Commission was able to read the information that he distributed about this issue. Mr. Lennox stated he is not against community improvement but he is against expensive, total, and unimaginative redevelopment. He stated he is one of the few members of the neighborhood who worked with the City over the period of the last year and he has tried to find ways to reduce the expenses by the alleys or maybe work so there is a little less impact on the environment. Mr. Lennox stated any comments that they made pertaining to almost any issue he felt were rarely if ever taken seriously pertaining any issue here. Mr. Lennox stated three issues are mentioned by a large petition that he has had people in the neighborhood sign. The issues are signed by not only homeowners but by resident homeowners who live in the neighborhood and see the problems. Mr. Lennox stated they also have homeowners that are absentee who own five or six properties that could easily make up for the 100 responses of the survey that was sent out. Mr. Lennox read into the record the petition signed by petitioners and noted that they disapprove the plan for several reasons: (1) the cost is high, (2) the alleyways do not need to be paved, (3) the sidewalk swale issues needs to be studied in a more effective manner. He stated the survey itself was based on inaccurate information concerning approximate maximum total cost and noted that the survey reads "parcel" on it and does not say square footage. Mr. Lennox stated people were making their decisions on the fact that the $2,000.00 estimate which did not come out to be true for 37% of the surveys sent out. Mr. Lennox urged the City to take a look at the entire plan, start over, and only use some of this plan and not the rest. Ken Roue, 217 S.E. 3rd Avenue, Delray Beach, stated he always thought the alleyway paving and the sidewalks was the City's responsibility and could not be assessed. Also, he stated he has a 1926 home and the house comes out towards the street and he has a rental unit in the back and they have always parked on the swale. Mr. Kopp stated if the City takes away the swale parking away from his house then his tenant has no place to park. He stated they need that parking space as do many people in his neighborhood who really do not have parking in their house area. -24- 12/09/08 James Quillian, 925 S.E. 2"d Avenue, Delray Beach, stated he too was part of a group that worked with the City and there have been improvements with some of the things that have been done. He stated everyone was given a chance to vote and the people who responded wanted these improvements although they may not want every one of them but they know that they are all together. Mr. Quillian stated all improvements are added together and residents either get them all or none at all for a long time. He stated in some cases the costs have scared people but he does not think that people are adding the benefit that we could get from all this in the long run. Mr. Quillian stated he feels the assessment will help the neighborhood and fully supports it. He stated there are some people from the neighborhood that are against it or in favor of the assessment that are not present tonight because they had to work or were not at home to receive the notices about the meeting. Don Thorp, 901 S.E. 4t'' Avenue, Delray Beach, stated he purchased his house 28 years ago and one of the selling points of his house was parking in the front (9~ Street used to be his driveway). He stated the City wants to eliminate his driveway and stated they will work with him. Mr. Thorp requested a notarized piece of paper stating that the City will not take his parking from him. He stated there were comments made about the costs being split three ways but stated it is the citizens who are paying the whole tab and stated the residents are the ones paying the taxes. Mr. Thorp questioned whether this is legal to charge the residents this extra amount of money. He stated some people cannot afford this especially with today's economy. Steven Ferguson, 823 S.E. 4t'' Avenue, Delray Beach, stated he has lived in his home for 42 years and does not have sidewalks and the alley has never been paved but it helps keep the cars from running up and down the alleys at 50 mph and keeps the police officers from having to try to chase the cars that are going up and down the alleys because this is a rock alleyway. Mr. Ferguson stated when some of the residents met with City staff the only thing that they asked for was speed bumps and to slow down traffic so that they could back out of their driveways without crashing. Rhodell Nairn, 19 S.E. 3rd Avenue, Delray Beach, stated she is a single mother of triplets and to be assessed $2,000.00 is very difficult for her at this time. She stated she is living paycheck to paycheck. Ms. Nairn stated she works hard at cutting her yard and keeping the alleyway clean and if all the residents can do likewise then they can keep the alley green and it will look beautiful. She stated if people are barely making ends meet at this time it would very hard to make that payment. Laurie Nesbitt, 812 S.E. 3rd Avenue, Delray Beach, stated she is in favor of fiscally responsible environmentally substantial improvements in the community; however, she is not in favor of this special assessment nor does she support the redevelopment plan as it stands because it is not fiscally responsible or environmentally sustainable. Ms. Nesbitt stated this is a working class neighborhood and this assessment is unnecessary and an unfair burden on people who are already paying high property taxes and wind insurance and noted we are in a recession. - 25 - 12/09/08 She stated she tries very hard to stay out of debt and if the residents cannot pay the lump sum that means they get a brand new ten year loan with 8% interest. Ms. Nesbitt stated she does not see how adding 2~/z miles of cement to Osceola Park is environmentally sustainable. She stated this is impermeable pavement that is expensive, detrimental to the environment and is an outdated kind of approach. Ms. Nesbitt stated she supports traffic calming such as installing speed bumps that are much less costly, low impact, and do not hurt the environment. She stated the survey that was used to determine the resident interest was full of misinformation. Ms. Nesbitt stated people checked things off on the survey based on the amount they were told that they were going to have to pay which was inaccurate. She stated some people chose to write in comments and they are overwhelmingly against this plan and against charging the residents of Osceola Park all this money. Therefore, Ms. Nesbitt stated the survey was inaccurate and the results were inaccurate as well. Sharon Beaudoin, 310 S.E. 5th Avenue, Delray Beach (has lived here since 1973), stated at first they were told that the alley behind her house was not going to be paved and now it is going to be paved. Ms. Beaudoin stated she has been broken into numerous times over the years and feels if the alleyway is paved it will make it much easier for people to get onto her property. She stated the economy is horrible and noted that we are in a recession soon to be a depression and who knows how many people in Osceola Park are going to be employed. Ms. Beaudoin stated this should have been budgeted for 40 years ago and stated the sidewalk in front of her home has been changed three times in the last 35 years unnecessarily. She feels the City is being fiscally irresponsible and it is time to start thinking about the residents. Gail-Lee McDermott, 721 S.E. 3rd Avenue, Delray Beach (has lived here since 1995), stated when she moved Osceola Park was an officially blighted neighborhood but it has changed for the best. She stated this is where her home is and she owns two lots in Osceola Park. Ms. McDermott stated there are residents who do not like this plan, residents who like parts of the plan, and residents who like the entire plan. She stated the plan is not perfect and it is long past time to move forward for Osceola Park and urged the Commission to support this resolution. Michael Kerbenbacher (reuresentin~ his uarents who live at 504 S.E. 4th Avenue, Delray Beach), stated wanting to make the neighborhood a better place is a good thing; however, because of the timing right now with the economy we are it is too much for this neighborhood to handle right now. He feels at this time the assessment is too expensive and urged the City to scale it down and take the key parts of it. Edwina Jolly, 702 S.E. 4th Avenue, Delray Beach (built her home in 1979), expressed concern over the traffic calming and stated if the alleys are paved they will be turned into racetracks. She asked if the City is going to patrol the alleys or traffic calm the alleys. -26- 12/09/08 Victoria Boman~o, 318 S.E. 5th Street, Delray Beach, stated she took the time to fill out her survey and commented that she is opposed to paving the alleys. Lisa Quillian, 925 S.E. 2nd Avenue, Delray Beach, asked for a show of hands for those people who did fill out their survey. Mrs. Quillian stated she supports the improvements. Jan Proctor, 408 S.E. 2nd Street, Delray Beach (rental urouertyh stated when this started in 2003 their property was actually zoned RM-5 (Medium Density Residential) and the City wanted to make them a single family which is most of what Osceola Park is and she is assuming that is what happened. Mrs. Proctor stated she feels this is too costly for the people of Delray Beach and concurs with previous comments about people speeding down the alleyways if they are paved. She stated she maintains her alleyway but right now because it is not homesteaded she pays over $11,000.00 property tax fora 1947 home that is less than 900 square feet and for the empty lot next door. Mrs. Proctor stated this is absurd and is putting too much of a burden on a lot of hard working people right now. She thought people wanted street lights and speed bumps. Mrs. Proctor stated she does not support the assessment. Mrs. Proctor stated she called and requested a survey and never received one. She left her name with City staff and asked to be placed on a task force but never received anything. She stated she does not feel that the survey that was sent out really gave a full accounting for all of the residents in this area. Elizabeth Graf, 733 S.E. 3rd Avenue, Delray Beach, stated she is against this assessment and paving the alleys is totally unnecessary. Martin Kruuuenbacher, 504 S.E. 4th Avenue, Delray Beach, stated he supports minimal sidewalks for the safety of pedestrians on one side of the street only. Mr. Kruppenbacher stated he is adamantly against paving the alleys and the only people that will use the alleys are the thieves. He stated thieves are breaking in through the front doors and if the alleys are paved the thieves will break in the backdoor as well Mr. Kruppenbacher stated charging 8% interest rate in this economy is criminal. Enides Joseuh Louis, 802 S.E. 2nd Avenue, Delray Beach, stated if the City moves his pavers he will not have enough space to park his car and would like to see the alleyway left as is. Mr. Louis stated he has not worked for 12 months but he still has to pay his taxes and commented that everything has increased (i.e. water and garbage). There being no one else from the public who wished to address the Commission, the public hearing was closed. Mr. Fetzer inquired about comments expressed over the survey not being accurate. In response, Lula Butler, Director of Community Improvement, stated the survey was developed in partnership with the Committee that staff worked with under the Strategic Task Team (STT) process because when the Committee came to the City Manager with their concerns about Osceola Park they had a diversity of issues they were -27- 12/09/08 looking at and wanted resolutions to. Mrs. Butler stated those issues were centered on code enforcement, crime, sober houses and other kinds of nuisances that were affecting their quality of life. The City put together a staff team working for over a year in trying to address some of these and also trying to resolve the issue of their redevelopment plan because there was a division about the support for the redevelopment plan. Mrs. Butler stated it took the Planning and Zoning Department a couple of years to develop that plan and it was ultimately adopted in 2004; however, City staff had not been able to move forward because there was a difference of opinion as to whether or not the plan was really accepted by the residents. In February 2008, staff had a neighborhood meeting to try to address the issues about the plan and after that meeting the Committee suggested to do a survey because they wanted to hear from the property owners since they were the ones who were going to be assessed. Mrs. Butler stated the City sent out 330 surveys and there were 113 responses which is 34% of what was sent out; 75% of those knew of the Osceola Plan; 62% said they wanted sidewalks on both sides of the street; 55% noted that they wanted the alleys improved as outlined in the plan and 73% stated they wanted the traffic calming improvements. The Committee reviewed the questions and wanted them as simple as possible for people to understand. Mrs. Butler stated they used the $2,000.00 figure as part of the information that was transmitted and the surveys were done in English, Creole, and Spanish. She stated staff felt that the results were the results and represented that as being the pulse of the property owners because this is what the City received back. Mr. Fetzer stated there was a comment about half the cost of the assessment was for paving of the alleys. In response, Mr. Krejcarek stated the bulk of the cost is in the alleys. Mr. Fetzer inquired about the pros and cons of paving these alleys. Mr. Krejcarek stated when the redevelopment plan was put together it was following the direction that Treasure Coast suggested to the City when they did the Downtown Master Plan in that the City has a valuable grid system and one of the benefits of the grid system that the City has is the alleys that split all the blocks. He stated the vision at that time was that as redevelopment happened within this area we would go to driveway access off the alleys and believes this is why the alleys were put into the plan. The City Manager stated if the alleys were not to be done now, how difficult would it be to do those 5-10 years from now if the neighborhood decided they wanted the alleys? In response, Mr. Krejcarek stated it would not be that difficult because it is a separate set of plans and staff could pull those set of plans out from the overall set of plans that they have for construction and set them aside and do at some point later. Mr. Eliopoulos asked how staff is handling drainage with regard to the alleys. In response, Mr. Krejcarek stated they drain it all to one side cross-section wise and put a valley gutter down and try to get to the swales on the streets either north, south, east or west of that alley. He stated staff tries to minimize the cost of the alley by not putting any drainage in the alley. - 28 - 12/09/08 The City Manager stated there has been discussion about the assessment method. He stated there are three different ways this can be done: (1) per parcel basis, (2) per square foot basis, or (3) the linear front foot basis (most typical basis). The City Manager stated when the City did the Seacrest Del-Ida neighborhood staff felt the linear front foot basis was not the fairest way to do it because people with larger parcels could divide them up at a later date and receive a greater enhancement to their property. The City Manager stated the City felt the square foot basis was the fairest way to do it considering the enhancement to the value. The City Manager stated any one of these methods can be used and staff would just have to re-calculate the roll if the Commission would like to use a different method. Mr. Eliopoulos stated he believes that Seacrest Del-Ida was one of the first assessments done in Delray and noted that everyone supported it. However, he stated that was a different time and commented that surveys are tough. Mr. Eliopoulos believes in these neighborhood plans and commended this group that did all of this hard work. He stated we are in strange economic times right now and cannot see when we will come out of this. Mr. Eliopoulos stated he is hoping that possibly in three years things will get better. He stated he is a firm believer in alleys and feels it is the best thing if it is done right and he is also a big fan of sidewalks. Mr. Eliopoulos expressed concern over the economic status that we are in right now and stated he cannot support this special assessment at this time. The City Manager stated staff has been struggling with this for approximately 6-7 years and suggested that this be brought to some kind of conclusion. Mr. Eliopoulos stated he does believe this assessment would help improve the values of properties and although he concurs with the City Manager he is not ready to start adding more taxes onto people that cannot afford it right now. Mayor Ellis stated there is some commercial property in this area. Mr. Eliopoulos stated the commercial property should have been included in the survey if in theory they are being taxed on it. Mr. Krejcarek stated the City is planning to add parallel parking along the first block south along S.E. 2nd Street. Mr. Krejcarek stated the survey did not go out to persons on the opposite side of the tracks. Mr. Krejcarek stated the traffic calming that was planned along Federal Highway was designed to discourage cut-through traffic in an east/west direction and the same thing with the traffic calming along S.W. 10~ Street and S.E. 2nd Street. He stated what staff is planning to do along the streets that tie into Federal Highway is to neck down the street right by the alley. Mr. Krejcarek stated at the other intersections staff is going to narrow the street so that as you go into the neighborhoods from S.W. 10~ Street going north that you do not have such a big intersection and you have to slow down to get into the neighborhood and it also makes it appear to be more of a neighborhood instead of just a through street. Mayor Ellis stated that the response on the survey was a pretty good response but it does not really tell you what the majority of the people want. -29- 12/09/08 Mr. McDuffie stated Osceola Park is near and dear to his heart and noted that is where he grew up. He stated he does not feel comfortable imposing a fee on a neighborhood that does not want it. Mr. McDuffie stated if the City received a 34% response that means 66% did not respond. He stated there is a general consensus of opinion tonight that does not desire the special assessment even for the improvements that came out of this study. Mr. McDuffie suggested that this be looked at in another couple of years, however, he would not direct staff to move forward with this tonight. The City Manager stated there seems to be a fair amount of support for traffic calming and sidewalks on one side of the street. He suggested that staff go back and re-calculate the roll with sidewalks on one side of the street and send that out and see what kind of response the City receives. The City Manager stated the City could certainly do street lights because that is not any cost to the residents. Mr. Bernard stated based on staff's memorandum it appears that staff would be contributing $2,057,000.00 for improvements in regards to the main upgrades, the drainage improvements, and street resurfacing that he believes would be very vital to the Osceola Park neighborhood. He stated if you add $883,330.00 that the City would contribute that means that the City would be paying 62.47% of the cost and the CRA would be adding another 18.77% and the homeowners in the neighborhood would be responsible for just 18.77%. However, Mr. Bernard stated with regard to the survey whereas the City received 113 responses, 25.75% of the people were aware of the plans and only 18.79% of the people wanted sidewalks installed on both sides of the streets and 19% of the people wanted the alleys paved and 25.15% of the people supported the traffic calming measures. Mr. Bernard stated he got these percentages based on the amount of people that responded based on the amount of the people who live in the neighborhood. Mr. Bernard stated it appears that there is not a fair sample of the neighborhood that support this project and based on the comments that have been presented to the Commission it appears that only about 3 or 4 people support this project. Mr. Bernard suggested that a new survey be sent out to get feedback from the people about how they want to proceed in regards to changing the Osceola Park neighborhood. He does agree that we should modify the plans in terms of addressing the traffic calming measures potentially doing the sidewalks on one side. However, in regards to making a decision based on what has been presented to him he cannot support the assessment. Mr. McDuffie asked if the surveys were mailed to the site address or the mailing address. In response, Mr. Krejcarek stated he believes the surveys went to the mailing address. He stated staff received a handful returned of the preliminary assessment of the notice that was sent out for tonight's meeting. Mr. Eliopoulos moved to approve Resolution No. 60-08, seconded by Mr. McDuffie. Upon roll call the Commission voted as follows: Mr. Fetzer - No; Mr. McDuffie - No; Mr. Bernard - No; Mayor Ellis - No; Mr. Eliopoulos - No. Said motion to approve Resolution No. 60-08 was DENIED with a 5 to 0 vote. -30- 12/09/08 At this point, it was the consensus of the Commission to re-price services and resurvey based upon what the eminent needs are of this neighborhood (i.e. lights, water, and traffic calming). Mayor Ellis encouraged the people who were present this evening from the Osceola neighborhood to encourage other neighbors to return the surveys so that the City gets a feeling of what the residents want for their community. 10.B. ORDINANCE NO. 17-08 (SECOND READING/ADOPTION HEARING FOR COMPREHENSIVE PLAN AMENDMENT 2008-1): Consider on second reading an ordinance adopting Comprehensive Plan Amendment 2008-1 and associated Future Land Use Map (FLUM) amendments, and authorize transmittal to the State Department of Community Affairs. Amendment 2008-1 includes: A. Text Amendments: i. Update Introduction and support data throughout all the Elements of the Comprehensive Plan as appropriate to reflect current conditions; update all maps as appropriate to reflect current city boundaries; update all maps and tables as appropriate; and, update the Goals, Objectives and Policies as required to modify partially completed or eliminate completed initiatives and to incorporate appropriate changes to goals and objectives gleaned from the EAR public hearing processes. ii. Future Land Use Element -Update existing land use and population data, including supporting maps and tables. iii. Future Land Use Element -Update vacant land analysis. iv. Future Land Use Element - Update Redevelopment Analysis section to reflect completion of all Redevelopment Plans. v. Future Land Use Element -Update descriptions for all land use categories to include intensities and densities. vi. Future Land Use Element -Add new policies to achieve an appropriate mix of uses, direct resources to infrastructure improvements downtown, and explore additional downtown open space opportunities. vii. Future Land Use Element -Add policies to affirm the City's continued commitment to workforce housing. viii. Future Land Use Element -Add policies to develop design guidelines for the North Federal Highway area and evaluate -31- 12/09/08 the need for guidelines in the Congress Avenue Corridor and Four Corners Area. ix. Future Land Use Element -Amendment to the Land Use Designation/Zoning Matrix table to add SAD, OS and OSR zoning districts to be consistent with additional Future Land Use categories. x. Transportation Element -Add new policy to designate the railroad parking lot, north of East Atlantic Avenue as a potential railroad stop for future passenger service on the FEC Railroad. xi. Housing Element -Update Affordable Housing section to reflect new City initiatives. xii. Housing Element Add new policies to affirm the City's continued commitment to workforce housing. xiii. Public Schools Facilities Element -Update element to reflect changes related to the second amendment to the Interlocal Agreement. B. Future Land Use Map Amendments: City initiated Future Land Use Map amendment from County INST/18 (Institutional, with an underlying High Residential 18 units per acre) to City CF (Community Facilities) for Fair Oaks Center, located approximately 650 feet south of Linton Boulevard, and on the east side of LWDD E-3 Canal. The caption of Ordinance No. 17-08 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ADOPTING COMPREHENSIVE PLAN AMENDMENT 2008-1, PURSUANT TO THE PROVISIONS OF THE "LOCAL GOVERNMENT COMPREHENSIVE PLANNING AND LAND DEVELOPMENT REGULATION ACT", FLORIDA STATUTES SECTION 163.3161 THROUGH 163.3243, INCLUSIVE; ALL AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" ENTITLED "COMPREHENSNE PLAN AMENDMENT 2008-1" AND INCORPORATED HEREIN BY REFERENCE; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. -32- 12/09/08 (The copy of Ordinance No. 17-08 is on file in the City Clerk's office.) Ron Hoggard, Principal Planner, entered the Planning and Zoning Department project file #2008-091 into the record. Mr. Hoggard stated this was last before the City Commission in July 2008 when staff transmitted it to the Florida Department of Community Affairs (DCA) for their review. Mr. Hoggard stated since this was transmitted to DCA and we received back an ORC (Objections, Recommendations, and Comments (ORC) Report from them with some objections. He stated staff addressed those concerns and met with the Planning and Zoning Board last night to get an ORC response. Mr. Hoggard stated the Comprehensive Plan Amendment includes two items that were not transmitted to the State. One is the update of the City's CIP (Capital Improvement Plan) and the second is an update to the CIP for the School Board. Mr. Hoggard stated the first objection was that they want the City to adopt the DOT's level of service designations for the SIS (State Intermodal System) LOS facilities of I-95 and the connector to the tri-rail system. Staff amended Objective B-1 to add and adopt the LOS of E for I-95 and D for the tri-rail connector (Atlantic Avenue west of Congress Avenue and Congress Avenue south to the tri-rail). Staff also modified the table in the Capital Improvement Element that has all of the LOS standards for all the public facilities in the City (Table CI-GOP #1). ORC objection B was for waterfronts and they claimed that the City did not provide for preservation for recreational commercial waterfronts. Staff amended the plan to add two new policies; one to preserve the character of the recreational commercial waterfronts and the second that staff would develop an incentive program to increase relationship with the waterfront. Staff also added objective B-1 in the Coastal Management Element that accessibility to the public beach areas and the waterways "along Delray's recreational and commercial waterfronts" as defined in the Florida Statutes. He stated ORC objection C is based on the Ten-Year Water Supply Plan and they noted that staff did not include a Water Supply Plan in this and noted that this was included after the EAR based amendments. The next one is the water concurrency policy that before a Building Permit is issued they would consult with the Environmental Services Department and Public Utilities that water was available. Staff has added this policy. He stated the next one was on mixed use and staff re-worded the section for the other land use designation where the Old School Square District is located they thought that that was a new district. Staff explained that this was already an existing district and that it was not a new future land use designation. However, they wanted staff to further define what the mix of uses would be in that mixed use district and staff added some language in the definition of "other mixed use" to include those requirements. Mr. Hoggard stated ORC Objection F is to Coastal High Hazard Area and the State this year changed its definition to be based on the computer model. Staff consulted with the State and the map staff actually did use is the latest available data. Staff added language on the map which states that the map would be based on the latest available models. The Planning and Zoning Board held a public hearing regarding the City initiated land use amendment portion of the request on December 8, 2008 and recommended transmittal of the ORC Report response along with the approval of the - 33 - 12/09/08 second reading of this Comprehensive Plan Amendment. This Comprehensive Plan Amendment also includes a Future Land Use Plan Amendment which is for the Fair Oaks site in the west part of the City next to the hospital. This is coming into the City as part of a Water Service Agreement that the City was obligated to annex in 2008 and the parcel to the north will be annexed in 2011 and is coming in a Community Facilities Land Use Designation. Based on this response to the ORC Report, staff recommends that the Commission pass this ordinance on second reading and transmit the ORC Report response along with the adopted amendment to the State for final review. Mayor Ellis declared the public hearing open. Jose Herrera, 14897 Whatley Road, Delray Beach, feels it is great to have renters coming to Delray Beach. He stated he works at Florida Atlantic University and this past year they had over 500 people on a waiting list for housing. Mr. Herrera stated they had to send students to Pompano Beach to rent. He stated FAU is becoming a great school and this would be a great way to bring more students to Delray Beach. There being no one from the public who wished to address the Commission regarding Ordinance No. 37-08, the public hearing was closed. Mr. Fetzer moved to adopt Ordinance No. 17-08 on Second and FINAL Reading, seconded by Mr. McDuffie. Upon roll call the Commission voted as follows: Mr. McDuffie -Yes; Mr. Bernard -Yes; Mayor Ellis -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes. Said motion passed with a 5 to 0 vote. 10.C. ORDINANCE NO. 54-08 (FIRST READING/TRANSMITTAL HEARING FOR COMPREHENSIVE PLAN AMENDMENT 2009-1): Consider on first reading an ordinance adopting Comprehensive Plan Amendment 2009-1 and associated Future Land Use Map (FLUM) amendments, and authorize transmittal to the State Department of Community Affairs. Amendment 2009-1 includes: A. Text Amendments: Future Land Use Element -Modification of the description of the GC (General Commercial) Future Land Use designation to increase maximum density for residential uses from 12 units per acre to 25 units per acre and decrease the maximum intensity for non-residential uses from a FAR of 3.0 to 0.75, within the proposed Silver Terrace Courtyards Overlay District. ii. Future Land Use Element -Modification of the description the CMLJ (Congress Avenue Mixed-Use) Future Land Use designation to include provisions for the creation of a Regional Activity Center on the Office Depot property. -34- 12/09/08 iii. Future Land Use Element -add an objective and policies to support the creation of a Regional Activity Center at the Office Depot property on Congress Avenue. B. Future Land Use Map Amendment: Future Land Use Map amendment from TRN (Transitional) to GC (General Commercial) for an approximate 6.15 acre parcel of land known as the Floranda Mobile Home Park, located on the west side of South Federal Highway, approximately 660 feet south of SE 10th Street and north of the Plaza at Delray. The caption of Ordinance No. 54-08 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ADOPTING COMPREHENSIVE PLAN AMENDMENT 2009-1, PURSUANT TO THE PROVISIONS OF THE "LOCAL GOVERNMENT COMPREHENSIVE PLANNING AND LAND DEVELOPMENT REGULATION ACT", FLORIDA STATUTES SECTION 163.3161 THROUGH 163.3243, INCLUSNE; ALL AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" ENTITLED "COMPREHENSIVE PLAN AMENDMENT 2009-1" AND INCORPORATED HEREIN BY REFERENCE; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 54-08 is on file in the City Clerk's office.) The City Attorney announced that this item is not quasi judicial and is not sure why it was labeled that way. In response, Mr. Hoggard stated this does have a land use map amendment in it. The City Attorney stated land use map amendments are not quasi judicial. 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. Ron Hoggard, Principal Planner, entered Planning and Zoning project file #2008-227 and #2009-002 into the record. Mr. Hoggard stated this is the first plan amendment for 2009 which includes one future land use text amendment creating an Overlay District (Silver Terrace Courtyard Overlay District). Mr. Hoggard stated this amendment represents the first - 35 - 12/09/08 amendment for the year 2009 and includes three (3) privately-initiated text amendments and one (1)privately-initiated Future Land Use Map amendment. Mr. Hoggard stated the change is changing the description to GC (General Commercial) to allow Future Land Use designation to increase maximum density for residential uses from 12 units per acre to 25 units per acre and decrease the maximum intensity for non-residential uses from a FAR of 3.0 to 0.75, within the proposed Silver Terrace Courtyards Overlay District. Staff supports going to 18 units per acre and does not recommend going to 25 units per acre. Staff believes if the density is lowered by 25% more of the buildings could be in the three-story range and there would not be four-story buildings and that a minimum of 20% of the units be workforce housing units at the moderately priced category. Mr. Hoggard stated the applicant associates this with the Silver Terrace Plan because there is a note in the Silver Terrace Plan that talks about the 25 units per acre in this area. Staff went through the Silver Terrace Plan and the position on the 25 units per acre is not included in the redevelopment section of the Plan; however, it is included in the introduction section and talks about an earlier planning system that staff was trying to do. He stated Redevelopment Area #4 includes Silver Terrace Subdivision and the Floranda Mobile Home Park and does not include this office parcel. Staff tried to go out for RFP (Request for Proposal) to include all of this into one project. He stated staff had meetings with Planning and Zoning Board and residents and came up with a set of guidelines to go with 25 units per acre and it would mainly be a commercial type for residential development. He stated another idea was to try to annex this area into the Community Redevelopment Agency (CRA). Mr. Hoggard stated this did not happen so the City went out for RFP and only received a few responses and no one wanted to assemble the property. He stated it would have been upon the City to get all this property together and the cost would have been very high. Therefore, the City decided to clean up the area (streets paved, utilities installed) and the idea of putting these in at 25 units per acre was scrapped. Mr. Hoggard stated that staff is recommending 18 units per acre because they feel it is more appropriate in this area. The second Future Land Use Element is modification of the description the CMIJ (Congress Avenue Mixed-Use) Future Land Use designation to include provisions for the creation of a Regional Activity Center on the Office Depot property. He stated a Regional Activity Center allows you to exceed the regular DRI thresholds and to double them in most cases. Mr. Hoggard stated it does not increase the overall intensity but allows you to go beyond the DRI threshold on parcels that you have aggregated. The third Future Land Use Element is to add an objective and several policies to support the creation of a Regional Activity Center at the Office Depot property on Congress Avenue. Mr. Hoggard stated the Future Land Use Map amendment for the approximately 6.15 acre Floranda Mobile Home Park property located on the west side of south Federal Highway, north of Plaza at Delray, is from TRN (Transitional) to GC (General Commercial). At its meeting of November 17, 2008, the Planning and Zoning Board held a public hearing regarding the Comprehensive Plan Amendment. The Board recommended approval; however, wanted the density lowered from 25 units per acre to 18 units per acre. Mr. Hoggard stated this is the same developer who built the Heritage Club and residents were informed that this project here was going to be the same. Staff's recommendation is to approve Ordinance No. 54-08 on First Reading with the change of -36- 12/09/08 the density being lowered from 25 units per acre to 18 units per acre and that a minimum of 20% of the units be workforce housing units and transmit this to the Florida Department of Community Affairs. Mayor Ellis declared the public hearing open. Michael Weiner, Attorney with Weiner, Aronson & Mankoff, P.A., 10 S.E. lgt Avenue, Delray Beach, stated this is known as the Floranda Mobile Home Park in the executive plaza and is 8.2 acres. He stated they meet concurrency with regard to the decrease in traffic. Mr. Weiner stated there is the issue about whether or not this should be 18 units per acre or 25 units per acre with respect to the amount of density. Mr. Weiner stated with respect to the Silver Terrace Plan it says 25 units to the acre and noted that they have been talking about this Plan since 1996. He stated the easy parts of Silver Terrace were done without the Plan but now 12 years later they now have the mobile home park and all the difficulties that the mobile home park presents. Mr. Weiner stated it is now time to apply that Plan and you are not going to be able to redevelop this last difficult area without being able to go to 25 units per acre. He stated they are talking about 7 units to the acre (50 units in total). Mr. Weiner stated what they are doing with going to higher density is allowing for an urban like setting applying new urban type principles. He stated it will be walkable, mixed use, concentrated neighborhoods and they can make it 25 units per acre and they can do three stories where there are single family homes. Mr. Weiner stated the 25 units per acre is a boost to this particular area and allows them to get their project off the ground. He stated if they did not do 25 units to the acre the only thing they are left with is a possible approach of 18 units to the acre. However, he stated this is not decreasing the size of the building but instead they would be forced to build larger units (2 and 3 bedrooms) instead of what the market demands which is a single smaller unit. Mr. Weiner stated the Urban Land Institute has continually on every occasion issued reports that have talked about high density development and that it does not over burden public schools, it does not lower property values, it does not create more regional traffic congestion and basically the smaller units mean less trips (six trips a day) in comparison to townhouses and homes that have ten trips a day, and it does not lead to higher crime. Mr. Weiner stated this gives the City the opportunity to be green and by moving to 25 units to the acre the City would be putting more people in a pedestrian situation to be employed at the office buildings and at the shopping center. He stated this is what allows people to abandon an automobile and not have to use it, have the walkability, and be employed without using their car every day. Mr. Weiner stated lowering the density means that people are moving farther away from where it is that their office and work might be located. He gave examples of areas throughout the City where there have been substantial increases in density. Mr. Weiner urged the Commission to get the input of the Treasure Coast Regional Planning Council and give them the opportunity to look at something unique and innovative; and, address the Silver Terrace Plan so that this can move forward. Jose Herrera, 14897 Whatley Road, Delray Beach, stated his comments from the previous item (Item 10.B.) stand for this project. -37- 12/09/08 Michael J. Covelli, President of Covelli Design Associates, Inc., 2295 N.W. Corporate Boulevard, Suite #213, Boca Raton, stated they are dealing with this in terms of a Regional Activity Center and Delray Beach is number one on this. Mr. Covelli stated there has only been one done in the Treasure Coast Regional Planning Council and this will be the first of its kind in Palm Beach County and the first in Delray Beach. Mr. Covelli stated this is an incredible tool that furthers the intent of what the Congress Avenue Corridor was meant to do in terms of encouraging aggregation and coming in with a mixed use unified development. He stated the reason they have initiated this was it is a way for them to deal with an existing situation that will be upon everyone very shortly in terms of the Office Depot site. Mr. Covelli stated this was developed as three plats and three different buildings and noted that Office Depot is moving its headquarters. He stated the problem is when you aggregate all those properties it is 540,000 square feet of office space and the DRI (Development of Regional Impact) threshold is 300,000. Mr. Covelli stated they are already at DRI by aggregation so by them dealing with the existing condition and designating this as a Regional Activity Center, they can bring that in as another tool to implement the intent of the Overlay District and the Congress Avenue Corridor. He stated this lets them move ahead in a faster manner and not get bogged down in all of the State and Regional reviews that they would normally have to do and noted that to prepare a DRI application is between $300,000-$400,000 and the filing fee is about $75,000.00 and is very expensive to prepare. Mr. Covelli urged the Commission to support this project. There being no one else from the public who wished to address the Commission regarding Ordinance No. 54-08, the public hearing was closed. Mr. Fetzer asked if this would have to come back as a first reading again if the Commission decides to change the number of units to 18 units per acre. In response, the City Attorney stated this is a first reading and the Commission would not have to bring this back again. The City Attorney stated the Commission could move to approve this subject to A-1 being 18 units or they can approve the 25 units. Mr. Hoggard stated the Silver Terrace Plan included the Silver Terrace Subdivision and the Floranda Mobile Home Park. He stated the only parcel they have as part of Silver Terrace was the Floranda Mobile Home Park which is at 6.15 acres. Mr. Hoggard stated if you apply he 25 units per acre to that parcel you get 153 units. Mr. Hoggard stated the parcel to the north (office section) was not part of the redevelopment area and is a completely separate project. He stated this is an office parcel and the maximum density you can have in the PC (Planned Commercial) District would be 12 units per acre x 2.03 acres = 24 units. Mr. Hoggard stated if the Commission agreed to support the idea based on the Silver Terrace Plan it would be 177 units which would be 21.6. Mr. Dorling stated the applicant is saying that the viability of their project is based on a number of units that they are proposing (200) and Mr. Hoggard is indicating that even if the Commission were to buy those 25 units to the acre they could not achieve the numbers that they indicated makes the viability of the project. -38- 12/09/08 Brief discussion followed between staff and the City Commission. It was the consensus of the Commission to support 22 units per acre and 20% workforce housing units in the moderate income category. Mr. McDuffie moved to approve Ordinance No. 54-08 (First Reading/Transmittal Hearing for Comprehensive Plan Amendment 2009-1) with 22 units per acre on text amendment l.a. with a workforce component of at least 20% workforce housing units in the moderate category, 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. 10.D. ORDINANCE NO. 37-08: Adoption hearing for Comprehensive Plan Amendment 2008-WSPl, regarding the Water Supply Facilities Work Plan. The caption of Ordinance No. 37-08 is as follows: office.) AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ADOPTING COMPREHENSIVE PLAN AMENDMENT 2008-WSP1, TO PROVIDE FORA 20 YEAR WATER SUPPLY FACILITIES WORK PLAN, PURSUANT TO THE PROVISIONS OF THE "LOCAL GOVERNMENT COMPREHENSIVE PLANNING AND LAND DEVELOPMENT REGULATION ACT", FLORIDA STATUTES SECTION 163.3161 THROUGH 163.3243, INCLUSIVE; ALL AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" ENTITLED "COMPREHENSIVE PLAN AMENDMENT 2008- WSP1" AND INCORPORATED HEREIN BY REFERENCE; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 37-08 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. Ron Hoggard, Principal Planner, stated the first reading of this item was September 3, 2008 and transmitted to the Florida Department of Community (DCA) for their review. The amendment is to add the 20-Year Water Supply Facilities Work Plan into the Public Facilities Element to add Policy A-1.10 in the Capital Improvement Element which relates to a Reclaimed Water System Capital Improvement Schedule and adds Table RW-CIl' which is the 5-year Capital Improvements Schedule for the Reclaimed Water System to the Capital Improvement Element. Mr. Hoggard stated staff -39- 12/09/08 received six objections from DCA and five of those require additional policies being added to the Plan and they deal mainly within a governmental coordination element for future water supply planning, water supply concurrency and conservation. He stated the sixth objection was related to clarification of funding for the Reclaimed Water Transmission System. Staff met with the Planning and Zoning Board and reviewed the ORC response. Mr. Hoggard stated the ORC Objection A was a Water Supply concurrency and recommends that staff coordinate with the Utilities Department before a permit is issued; ORC Objection B stated that the City did not include a policy to update our plan within 18 months of the South Florida Update of their lower east coast plan. Staff did have that policy in the public facilities element but they also wanted it in the Intergovernmental Coordination Element; ORC Objection C was to coordinate our Water Supply Planning with the Town of Gulf Stream and Unincorporated Palm Beach County regarding water supply issues; ORC Objection D is Water Management District Coordination and they want the City to include a policy to coordinate with them annually before November 15~ of each year and as staff prepares the Consumptive Use Permit for submittal in 2010 that we provide additional information on how the City's Water Reuse Project is going to offset future withdraws from the aquifer; ORC Objection E was on Table RW-CIP, which is a 5-year Capital Improvement Schedule, and the City had grant funding in the first three years of that schedule for the Water Reuse System and they wanted to know what the grants were and whether or not they were committed because you cannot have uncommitted monetary sources on projects and meet the requirements; ORC Objection F stated the City has numerous policies on conservation in the Plan and in the City's Conservation Element they said the City did not have a policy that says we are going to continue them after we did our Water Facilities Element. Mr. Hoggard stated the City has the policies and staff informed them that the City will continue to commit to those policies for conservation that are including in the Plan even beyond when the Plan is completed. Staff added an Objective to A-4 to put that in there also to help them allocate to address that issue. At its meeting of December 8, 2008, the Planning and Zoning Board recommended that staff transmit the ORC Report to the State and approve this on second and final reading. Mayor Ellis declared the public hearing open. There being no one from the public who wished to address the Commission regarding Ordinance No. 37-08, the public hearing was closed. Mr. McDuffie moved to adopt Ordinance No. 37-08 on Second and FINAL Reading, 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. -40- 12/09/08 10.E. ORDINANCE NO. 55-08: Consider a City initiated annexation (via provisions of an 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. The caption of Ordinance No. 55-08 is as follows: 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. (The official copy of Ordinance No. 55-08 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 5.47 acre parcel that is in conjunction with the Comprehensive Plan Amendment. The property contains a 59,420 square foot hospital, known as Fair Oaks Hospital. Mr. Dorling stated pursuant to the Water Service Agreement the City has been annexing these properties on a time frame. This one was to be done by 2008 and the final parcel will be done in 2011. At its meeting of April 21, 2008, the Planning and Zoning Board considered the request and recommended approval with a 7 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. 55-08, the public hearing was closed. -41 - 12/09/08 Mr. Eliopoulos moved to approve Ordinance No. 55-08 on Second and FINAL Reading, seconded by Mr. McDuffie. Upon roll call the Commission voted as follows: Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. Bernard -Yes; Mr. McDuffie - Yes; Mayor Ellis -Yes. Said motion passed with a 5 to 0 vote. 10.F. 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. from the dais. Commissioner Eliopoulos declared a conflict of interest and stepped down Mr. McDuffie moved to postpone the Development Agreement with Vista Del Mar, L.L.C. to a date certain of February 3, 2008 (Public Hearing) at 7:00 p.m. and February 17, 2008 (Public Hearing) at 7:00 p.m., seconded by Mr. Bernard. 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, the time being 10:47 p.m. the Commission moved back to Item 9.B. of the Regular Agenda. 9.B. RESOLUTION NO. 55-08/GAI CONSULTANTS, INC./MARINA HISTORIC DISTRICT: Consider approval of the resurvey of the Marina Historic District conducted by GAI Consultants, Inc. and acknowledging the findings and recommendations made in the Final Report; and adopt Resolution No. 55-08. The caption of Resolution No. 55-08 is as follows: office.) A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, RECOGNIZING THE RESURVEY OF THE MARINA HISTORIC DISTRICT CONDUCTED BY GAI CONSULTANTS, INC. AND ACCEPTING THE FINDINGS AND RECOMMENDATIONS MADE IN THE FINAL REPORT ON FILE IN THE PLANNING AND ZONING DEPARTMENT; AND PROVIDING AN EFFECTIVE DATE. (The official copy of Resolution No. 55-08 is on file in the City Clerk's Commissioner Eliopoulos declared a conflict of interest and left the dais. Paul Dorling, Director of Planning and Zoning, stated this is to formally recognize the re-survey and the recommended findings of the Marina Historic District that was conducted by GAI Consultants, Inc. He stated this survey was created between April and June of 2008 and was prompted by property owners regarding the Marina Districts integrity within the 300 block of S.E. 7~ Avenue. The final survey report makes -42- 12/09/08 the following recommendations: (1) that the southern boundary of the district be amended to remove those properties south of 708 S.E. 3rd Street, (2) it also recommends that a second period of significance be adopted which would span from 1947-1960, (3) that the amended district be nominated for listing on the National Register of Historic Places, (3) that if there is not support for listing of the entire district on the National Register of Historic Places, then those eligible properties both within the amended district and the removed portion are encouraged to seek individual designations. Mr. Dorling stated the first resolution would adopt those recommendations as identified in the final survey. He stated alternative #1 recommends the suggestions by the Historic Preservation Board which considered it at their November 19, 2008 meeting and the Board would support the period of significance to run from 1943-1960 rather than 1947- 1960. Mr. Dorling stated the original Alternative says adopt what is in the plan and reiterated that Alternative #1 suggests that we add those three years in to the period of significance. He stated it also addresses a property which is recommended for "D" listing from a contributing to anon-contributing structure located at 238 S.E. 7~ Avenue. Mr. Dorling stated that was a development that had a significant improvement done to its facade which blocked the entirety of the existing historic structure. Mr. Dorling stated that was appealed to the City Commission and during that review staff provided letters from the State that put that property owner on notice that this improvement would jeopardize their contributing status and they needed to go forward on that note. He stated when the survey was done that declassification was acknowledged or recommended in this study. Mr. Dorling stated for the last nine years that property has enjoyed a deferral of taxes associated with the improvement. He stated if this were de-listed then they would be obligated to provide that difference in taxes back those nine years with interest. Mr. Dorling stated the tax savings over the last nine years are about $3,800.00 to the City of Delray Beach and about $2,300.00 to Palm Beach County for a total of $7,100.00. Mr. Dorling stated the report suggests that it be declassified, the Historic Preservation Board (HPB) which is part of Alternative #1 recommends that it not be delisted. Alternate #2 (which staff recommends) is that we include those additional three years in the period of significance and that we follow the recommendation and de-list the property at 238 S.E. 7~ Avenue as recommended by this survey. The City Attorney clarified that Alternate #2 is what staff recommends. Mr. Bernard asked is Alternative #1 from 1943-1960. The City Attorney confirmed that Alternative #1 is from 1943-1960 and Alternative #2 is also changed to 1943-1960 and it basically follows the expert's decision to de-list as a contributing building (238 S.E. 7~ Avenue). Mr. Fetzer moved to approve Resolution No. 55-08 (Alternate #2), seconded by Mr. McDuffie. Upon roll call the Commission voted as follows: Mr. McDuffie -Yes; Mr. Bernard - No; Mayor Ellis -Yes; Mr. Fetzer -Yes. Said motion passed with a 3 to 1 vote, Commissioner Bernard dissenting. - 43 - 12/09/08 9.C. BONUS PAYMENT TO JCD SPORTS GROUP, INC.: Consider approval of FY 2007 - 2008 bonus payment to JCD Sports Group, Inc. for both golf operations in the amount of $12,994.50 and for Tennis Center operations in the amount of $3,102.00. Funding is available from 445-4711-572-34.90 (Delray Beach Municipal Golf Course Fund/Other Professional Services), 446-4711-572-34.90 (Lakeview Golf Course/Other Professional Services), 001-4215-575-34.90 (General Fund/Tennis Operations/Tennis Center/Other Professional Services) and 001-4210-575-34.90 (General Fund/Tennis Operations/Stadium/Other Professional Services). Commissioner Eliopoulos returned to the dais. Robert A. Barcinski, Assistant City Manager, stated this is a request from JCD Sports Group, Inc. for the annual consideration of the bonus payment per the contract. Mr. Barcinski stated they are authorized up to 15% of the annual base fee for meeting annual performance measures and the point totals. The bonus request is based on those performance measures and the point totals. Mr. Barcinski stated he concurs with those, however, he recommended that they add the 25 bonus points which is allowed for Lakeview because of all the extra work that the staff did with the Reclaimed Water Project and the Golf Course Renovations. Staff recommends that the bonus payment to JCD Sports Group, Inc. for Lakeview Golf Club be increased from $1,755.00 to $2,730.00. Mr. Bernard moved to approve the bonus payment to JCD Sports Group, Inc. per staff's recommendation to add 25 bonus points for Lakeview Golf Course making the total bonus payment $17,071.50, 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. Mr. Fetzer moved to extend time to complete the Agenda, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mr. Bernard -Yes; Mayor Ellis -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. McDuffie -Yes. Said motion passed with a 5 to 0 vote. 9.D. SETTLEMENT AGREEMENT IN SIMBARI v. CITY OF DELRAY BEACH: Consider approval of a settlement agreement between the City and Simbari and several claimants regarding a collision between a Delray Beach Police Officer and five additional vehicles at the intersection of Lake Ida Road and Congress Avenue on August 23, 2007. The City Attorney stated this is a Settlement Agreement between Simbari v. the City of Delray Beach, et al case. She stated there are multiple claimants in this auto accident case that took place on August 23, 2007 between a Delray Beach Police Officer and five additional vehicles at the intersection of Lake Ida Road and Congress Avenue. The City has sovereign immunity protections in that the maximum amount of payment is $200,000.00 unless we have insurance over that amount or a claims bill. The City Attorney stated Cathy Kozol, Assistant City Attorney/Police Legal Advisor, has been successful in working with the multiple claimants and has listed a payout settlement -44- 12/09/08 schedule and staff recommends that the Commission approve the recommended payout schedule subject to the City of Delray Beach receiving the appropriate releases in this case. Mr. Eliopoulos moved to approve the Settlement Agreement in Simbari v. the City of Delray Beach as per the December 4, 2008 memorandum and subject to the City receiving the appropriate releases, seconded by Mr. Fetzer. 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.E. PUBLIC UTILITY EASEMENT AGREEMENT/CITY OF BOYNTON BEACH/REGIONAL FORCE MAIN: Consider approval of a Public Utility Easement Agreement with the City of Boynton Beach to allow an easement over a portion of the property located at 1025 Mission Hill Road in order to install a regional force main. The City Attorney stated this is a request from the City of Boynton Beach for us to give them a Public Utility Easement across property that the City of Delray Beach owns. The City of Boynton Beach has further indicated that it will indemnify, defend and hold the City harmless from any claims or lawsuits that may be filed in relation to the City granting this easement. Mr. Fetzer moved to approve the Public Utility Easement Agreement with the City of Boynton Beach to install a regional force main, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mr. Eliopoulos -Yes; Mr. Fetzer - Yes; Mr. McDuffie -Yes; Mr. Bernard -Yes; Mayor Ellis -Yes. Said motion passed with a 5 to 0 vote. 9.F. APPOINTMENTS TO THE POLICE ADVISORY BOARD: Appoint six (6) regular members and one (1) student member to the Police Advisory Board to serve two (2) year terms ending July 31, 2010. Based upon the rotation system, the appointments will be made by Mayor Ellis (Seat #5), Commissioner Eliopoulos (Seat #1), Commissioner Fetzer (Seat #2), Commissioner McDuffie (Seat #3), Commissioner Bernard (Seat #4), Mayor Ellis (Seat #5) and Commissioner Eliopoulos (Seat #1). Mayor Ellis stated she wished to reappoint Jimmy Weatherspoon as a regular member to the Police Advisory Board to serve a two (2) year term ending July 31, 2010. Mr. McDuffie so moved, 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. Mr. Eliopoulos moved to reappoint Jose Herrera to the Police Advisory Board as a regular member to serve a two (2) year term ending July 31, 2010, seconded by Mr. Fetzer. Upon roll call the Commission voted as follows: Mr. McDuffie -Yes; Mr. Bernard -Yes; Mayor Ellis -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes. Said motion passed with a 5 to 0 vote. - 45 - 12/09/08 Mr. Fetzer moved to reappoint Samuel Menard to the Police Advisory Board as a regular member to serve a two (2) year term ending July 31, 2010, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mr. Bernard -Yes; Mayor Ellis -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. McDuffie -Yes. Said motion passed with a 5 to 0 vote. Mr. McDuffie moved to reappoint Josh Bressler to the Police Advisory Board as a regular member to serve a two (2) year term ending July 31, 2010, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mayor Ellis -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. McDuffie -Yes; Mr. Bernard -Yes. Said motion passed with a 5 to 0 vote. Mr. Bernard moved to reappoint John Jackson to the Police Advisory Board as a regular member to serve a two (2) year term ending July 31, 2010, 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. Mayor Ellis stated she wished to reappoint Grace Maybee as a student member to the Police Advisory Board to serve a two (2) year term ending July 31, 2010. Mr. Fetzer so moved, 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. Mr. Eliopoulos moved to reappoint Annette Annechild as a regular member to the Police Advisory Board to serve a two (2) year term ending July 31, 2010, seconded by Mr. McDuffie. Upon roll call the Commission voted as follows: Mr. McDuffie -Yes; Mr. Bernard -Yes; Mayor Ellis -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes. Said motion passed with a 5 to 0 vote. 9.G. APPEAL/SITE PLAN REVIEW AND APPEARANCE BOARD ACTIONS/BOSTON'S RESTAURANT: Consideration of an appeal regarding the Site Plan Review and Appearance Board's approval of a Class V Site Plan for a Hotel located at 64 South Ocean Boulevard. (BECAUSE OF THE COURT'S ORDER DATED JULY 11, 2006, THERE WILL BE NO PUBLIC COMMENT ON THIS ITEM). Commissioner Eliopoulos declared a conflict of interest and stepped down from the dais. Mr. Bernard moved to postpone to February 3, 2008, seconded by Mr. McDuffie. Upon roll call the Commission voted as follows: Mr. Bernard -Yes; Mayor Ellis -Yes; Mr. Fetzer -Yes; Mr. McDuffie -Yes. Said motion passed with a 4 to 0 vote. At this point, Commissioner Eliopoulos returned to the dais. -46- 12/09/08 At this point, the time being 11:05 p.m. the Commission moved to Item 11, Comments and Inquiries on Non-Agenda Items from the City Manager and the Public. 11.A. City Manager's response to urior uublic comments and inquiries. inquiries. The City Manager had no response to prior public comments and 11. From the Public. 11.B.1. Michael Weiner, Attorney with Weiner, Aronson & Mankoff, 10 S.E. 1St Avenue, Delray Beach (speaking on behalf of Oceanside Beach Services), stated there is a new RFP (Request for Proposal) that is approximately 40 pages for the beach concession. He stated the old RFP was never broke and they had one typographical error. Mr. Weiner stated somehow this is a reason to reinvent the wheel and they are reinventing so that they are the same as Fort Lauderdale Beach. Mr. Weiner stated among the situations described in the RFP is the amenity portion where you have a franchise fee on offering amenities. He stated while it is encouraged they are not certain that it encourages motorized vehicles, jet skis, and similar things like that. Mr. Weiner stated it says you cannot sell clothes or suntan oil but you get bonus points if you have dangerous activities. He stated there are other features such as terminating the contract at your own convenience and the amount of equipment such as chairs and umbrellas has actually been decreased. Mr. Weiner stated there is a bid protest process; however, he does not know what that bid process is. He stated you have a selection where you can actually appoint outsiders to make a selection and this is the first time the City has done this. Mr. Weiner stated all of these features are not going to increase interest in our RFP or the amount of the bids. He stated it is very hard to calculate the franchise fees and how we get the percentages. Mr. Weiner suggested that this be a Workshop item and do not just rip up the old RFP because of one word error and substitute a whole new one that looks like the City of Fort Lauderdale. He urged the Commission to Workshop the issue and look at the beach and then come up with a formula that really works as to how the City is collecting the original franchise fee and then a percentage rate on whatever this gross is. Mr. Weiner stated this makes more sense than just literally copying almost word per word Fort Lauderdale. 11.B.2. Jose Herrera, 14897 Whatley Road, Delray Beach, member of the Police Advisory Board, stated he lives on Whatley Road which is the road that is adjacent to the Dunkin Donuts. Mr. Herrera stated that this crime could not have been predicted by any Police Department in the world. However, when his neighborhood was annexed they were promised lights and neighbors came to the Police Advisory Board Meeting and inquired about what was going on with the street lights on Whatley Road and old Country Club Acres. Mr. Herrera stated this is a very dark neighborhood and has two ingresses and egresses; one is facing Military Trail and the other one is Atlantic Avenue. In his opinion, Mr. Herrera stated this makes it easy for criminals to either come in from the turnpike while driving through Military Trail and out Atlantic Avenue and back to I-95. -47- 12/09/08 He stated this is a big problem and criminals hide out in his neighborhood because it is so dark. Mr. Herrera stated in the last couple of years there have been a couple of searches late into the evening. He invited the City Commission to stop by a Police Advisory Board Meeting to discuss this issue and noted they meet every second Monday of the month. 11.B.3. Matthew Grabham, 350 S.E. 7th Avenue, Delray Beach (Marina Historic District), asked if it is possible for the Commission to initiate the redefinition of the boundary rather than the residents having to do it. He stated this is approximately the 100 meeting he has attended when you combine all the different boards he has been around in the last three years (Pineapple Grove, West Atlantic Redevelopment Coalition, City Commission, Planning and Zoning). Mr. Grabham stated residents are here tonight showing their commitment that they want to follow through with this. He noted that Version 5 is the ordinance that pertains to property designation and if there is a designation change the ordinance allows the City Commission to initiate it. He asked that the City Commission not implement the first reading which charges a fee to get out of the district. 11.B.4. Ellen Key, 321 S.E. 7th Avenue, Delray Beach, reiterated comments expressed by Mr. Grabham and stated the Commission initiating this application to get most of the 300 block out would be more cost efficient and time efficient and they have already submitted petitions because no one in the 300 block wants to be included. She stated since Version 5 allows the City Commission to make that application she urged the Commission to do so. 11.B.5. Jane Fields, 319 S.E. 7th Avenue, Delray Beach, concurs with comments expressed by Matthew Grabham and Ellen Key and stated the residents of the 300 block would appreciate it if the Commission would initiate this for them. 11.B.6. Gre~ory Mermi~as, 405 S.E. 7th Avenue, Delray Beach, stated he does not live in the Marina Historic District but urged the City Commission to initiate this on their behalf. 11.B.7. Eric Price, 340 S.E. 7th Avenue, Delray Beach, thanked the Commission for staying the course and trying to come up with a proper solution to this problem that has been going on for a couple of years. Mr. Price urged the Commission to initiate the amendment to let the 300 block secede from the historic district. 11.B.8. Bill McDonough, 345 S.E. 7th Avenue, Delray Beach, stated as he understood it this survey shows that the 300 block should be taken out of the historic district. 11.B.9. Charles Bonfield, 220 MacFarlane Drive, #1203 concurs with comments expressed supporting that the Commission initiate the amendment to let the 300 block secede from the historic district. - 48 - 12/09/08 At this point, the time being 11:18 p.m. the Commission moved to Item 12, First Readings. 12. FIRST READINGS: 12.A. ORDINANCE NO. 56-08: Consider a City-initiated amendment amending the Land Development Regulations (LDR) of the Code of Ordinances, by amending Section 2.4.3, "Submission Requirements", Subsection (K), "Fees", Sub- subsection (1), "Development Applications", in order to provide fees for requests for a change of historic designation or classification, and ad valorem tax exemption applications. If passed a public hearing will beheld on January 6, 2009. The caption of Ordinance No. 56-08 is as follows: office.) AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES, BY AMENDING SECTION 2.4.3, "SUBMISSION REQUIREMENTS", SUBSECTION (K), "FEES", SUB-SUBSECTION (1), "DEVELOPMENT APPLICATIONS", IN ORDER TO PROVIDE FEES FOR REQUESTS FOR A CHANGE OF HISTORIC DESIGNATION OR CLASSIFICATION, AND AD VARLOREM TAX EXEMPTION APPLICATIONS; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTNE DATE. (The official copy of Ordinance No. 56-08 is on file in the City Clerk's Paul Dorling, Director of Planning and Zoning, stated this is a City- initiated amendment to LDR Section 2.4.3(K)(1) to provide for an application fee associated with the review of Ad Valorem Tax Exemption Applications and Changes of Historic Designation and/or Classification. Mr. Dorling stated this is not a fee that is limited to properties that may want to get out of a district it also applies to properties that may want to expand a district. The subject amendments also provide for a fee of $60.00 per property associated with removal from or expansion into a historic district and/or the change of historic classification application types. The Historic Preservation Board (HPB) considered the amendments at their December 3, 2008 meeting where they recommended approval by a vote of 6 to 1. At its meeting of December 8, 2008, the Planning and Zoning Board recommended approval of the fee schedules with a 6 to 0 vote. -49- 12/09/08 Mr. Fetzer stated if the City Commission were to initiate an expansion order removal of the 300 block would the fee still apply. In response, Mr. Dorling stated in this case it would not apply. Mr. McDuffie asked if staff can provide the Commission with something from the survey as to why some were left in the 300 block and some were not. Mr. Dorling stated it goes to the architectural style and the age of the structures and there is a massing of three structures at the very north end and everything south of there was deemed to be non-contributing. Mr. Dorling stated staff can provide the City Commission with the information on those individual properties for that survey at the next City Commission Meeting. Mr. Eliopoulos moved to approve Ordinance No. 56-08 on FIRST Reading, seconded by Mr. McDuffie. Upon roll call the Commission voted as follows: Mayor Ellis -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. McDuffie -Yes; Mr. Bernard -Yes. Said motion passed with a 5 to 0 vote. At this point, the Commission moved to Item 13, Comments and Inquiries on Non-Agenda Items. 13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS. 13.A. City Manager The City Manager had no comments and inquiries on non-agenda items. 13.B. City Attorney The City Attorney had no comments and inquiries on non-agenda items. 13.C. City Commission 13.C.1. Mr. Fetzer Mr. Fetzer had no comments and inquiries on non-agenda items. 13.C.2. Mr. Eliopoulos Mr. Eliopoulos stated our thoughts and prayers go out to Leon Weekes who went into the hospital this week. 13.C.3. Mr. McDuffie Mr. McDuffie stated Leon's son gave him a status report around 11:00 a.m. and Mr. Weekes is doing much better. However, the prognosis was still guardedly optimistic. -50- 12/09/08 Mr. McDuffie stated since this is the last meeting of 2008 he felt it appropriate to reflect on the past and a few more looking toward the future. He stated "in wrapping up all the end year holidays he would like to give thanks for the five other elected officials he has had the pleasure to work with during these last 20 months; Mayor Ellis, Commissioner Fetzer, Commissioner Eliopoulos, Commissioner Bernard, Commissioner Montague. For all of you thank you for your friendship and your selfless dedication to the citizens of Delray Beach. I wish you all the peace and joy of this season, A Merry Christmas, Happy Chanukah, and joyous Kwanzaa. And, to the Commissioners who preceded us my special thanks and indebtedness for entrusting us with a jewel that we've been given." 13.C.4. Mr. Bernard Mr. Bernard thanked Marjorie Ferrer, the Downtown Development Authority (DDA), and the Downtown Marketing Cooperative (DMC) for a job well done with the tree lighting ceremony. 13.C.5. Mayor Ellis Mayor Ellis stated the tree lighting ceremony was awesome. She stated there are many activities coming up for the holidays such as breakfast with Santa, etc. Mayor Ellis wished everyone a very Happy Holiday and hopes that everybody is as fortunate as her to be able to spend the time with their own families. She stated it will be holidays, food, football and fishing. There being no further business, Mayor Ellis declared the meeting adjourned at 11:28 p.m. City Clerk ATTEST: MAYOR -51- 12/09/08 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 December 9, 2008, which Minutes were formally approved and adopted by the City Commission on City Clerk NOTE TO READER: If the Minutes you have received are not completed as indicated above, this means they are not the official Minutes of the City Commission. They will become the official Minutes only after review and approval which may involve some amendments, additions or deletions as set forth above. -52- 12/09/08 .~ ~~~ ,. ~ ^r-.•.- ^ ~ • ~ii~~ ~2 ~~^~~~ .~ ^ ~ ^ ^ I~~~ ~ 1 'r ^ ^ ~ ^ ^ ~ ^ ^ .ti . ~ 1 . ^ r ~ ^ ~~^ ^ ~ r .~ ~ . ~. ~ ti ~ ^ ^ ~^ ~ ^ I.r -~ ~ ~ ~ ~, ^ .~ ~' 1 ~ ~ ~. ^ 7 ^ + ~ ~ ^ ^ ~ .~R ~ ^ ~ Y K r ^ ^ r ^ ^ ._ ^ __ -. _ ^ ~ _ ~ - ~ ~ ~ ~. ~. . . r ~~, I ~. . . ~ -: ~ ~ ^ ~I~ I ^ ~ '~ L~ ~~i . , ~ ~-~ F~ ~~ ~ ~ ~~ .m ^ ~ ^ - ~ I ~ ~ ~i F ^ ^ ~~ r S ~ ^ _ • - ,~,,~,~ ^ • _ ~ ^ ^ ~ ^ ~ ~ ~. ^~ ^ ~ ^ i ~ ~~ ~ i ^ Yk.. ~ ^ ~~ ~ ~ ~ ~ ~ ,ti y ~I ^ ^ ~ ^ ~ ^ ^ ^ ^ ~ ~ , ~,~~~ ,. ti r ~~~'~ Y ~ ^ ~ ~ ^ ~U ^ ^ ~ ~~ ~ M ,~ ~ ti ~~ ^ ^ t` ~~ ^ 1 0 . ~ ~~!~~ ~ ;. r ~ ^ ~~ ~S . ~. ~ ~~~ .... ^ '.~ ~.. .~. i7 7^~ 1 ~ ^ ~ ^ 1 ^ ^ ~ ~ 7 ti ~ ~ ^ ~ ~ ~ ^ ~ 1 ~ ~" ^~ ~ ~ _ . . aL ..~. ~, , . ., _ ,. ilWk ~.] ^ ~ ~. ^ i -~~ .~ . ^ ^ _ ~ y ~ ~ ^ ~ ^ ~~ ^ ^ ti ^ ^ ~ • ^ V ^ ~ ~ • - ~ ^ ~ ~ ~ , ^ ^ ~ !! ~ ^ J ^ ~~ ~ 1^ ~ ^ ^ ^ L ~ ^ ^ ~ ~ ~ ~ 1 • ^ ~ • . ~ . • 7 '~ . ~ . .- ~, z ~' - - = Y ' ~ ' ^ ^ ^ \3 ^ ~ ~ ^ ~ ^ ^ ~ ~ ~ ~.~ ~ i~ . ~ ,i ~ ~ • .I L•. . ~..^^ !~'~ ~ y ~ ~i: , ~ ^ ~ ~ i ~_ ^ ~ ^ ~ it ~~ ~ ^ ~ ~ ~ ~ ~ ~ J ^ _i ~' '~ ~ ~. ^ ~ ~ ' ~ ~ ~ ~ ^ ~ ~' ' ~ ^ 7 _ ^ f ^ ~ 1 ~ _ ^ ~~ y _ 1 ~ ~ ^ _ ~.. ^ - ^ __ ~ ^ ^ ^ ~~ ' ~ ~ ^ ' ^~~ J ~A ~~ ^ ~k ~~7 r ~~ .~ ~ ... .. ~ ~~ ~ ~ r ~ • ~~ ~ 1 .~ R~ . .. ~~ ~ . ~ ~. . ~ :~ .' ~ ~ WHEREAS, Martin Luther King, Jr. was born on January 15, 1929, in Atlanta, Georgia, and dedicated his life to all Americans being able to enjoy the freedom guaranteed every citizen under the United States Constitution; and WHEREAS, January 19, 2009, will be observed as Martin Luther King Jr Day in honor of the memory and ideals of Dr. King; and WHEREAS, Martin Luther King, Jr. labored tirelessly to obtain equality of opportunity for all Americans; and WHEREAS, Dr. King was instrumental in the advancement of equality for all Americans; and WHEREAS, January 19th should serve as a reminder to each of us of the sacrifices made by some Americans in order to secure the rights of all Americans. NOW, THEREFORE, I, RITA ELLIS, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission do hereby proclaim January 19, 2009 as MARTIN LUTHER KING, JR. DAY in the City of Delray Beach, and urge all citizens to reflect upon the efforts and sacrifices made by Dr. King on behalf of all Americans and join in the celebration of his contributions to the struggle for peace and freedom for our nation and throughout the world. 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 6th day of January, 2009. RITA ELLIS MAYOR MEMORANDUM TO: Mayor and City Commissioners FROM: Linda Karch, Director of Parks and Recreation THROUGH: David Harden, City Manager DATE: December 29, 2008 SUBJECT: AGENDA ITEM 6.B. -REGULAR COMMISSION MEETING OF .TANUARY 6, 2009 DELRAY ROCKS FOOTBALL AND CHEERLEADERS PROCLAMATION ITEM BEFORE COMMISSION A proclamation recognizing Delray Rocks Football & Cheerleading Program participants who participated in the 2008 South Florida Youth Football &Cheerleading Competition held at the University of Miami. BACKGROUND The Delray Rocks Football teams participated at the 2008 South Florida Youth Football Competition and all five teams, Pee Wee, 801b., 901b., llOlb., and 1351b., advanced to the South Florida Youth Football League Playoffs in the League Championship. Also, five Cheerleading Teams won first or third places at the South Florida Youth Cheerleading Competition. We would like to recognize and commend all the participants and their coaches for their representation of the City of Delray Beach Parks and Recreation Department and offer them congratulations on an outstanding job. WHEREAS, the Delray Rocks Football &Cheerleading Program participated at the 2008 South Florida Youth Football &Cheerleading Competition held at the University of Miami, Bank United Center in Miami, Florida, and WHEREAS, five football teams advanced to the South Florida Youth Football League Playoffs in the League Championships: The Pee Wee team led by Coach James Parrish advanced to the third round with a record of 11-3; The 80-pound team led by Coach Jason Brodsky advanced to first round; The 90-pound team led by Coach Neal Collins advanced to first round; The 110-pound team led by Coach Richard Hughes advanced to first round; and The 135-pound team led by Coach Bernard Quince advanced to the first round; and WHEREAS, six Cheerleading teams won first place, third place, or received an excellent rating at the South Florida Youth Cheerleading Competition: The Pee Wee cheerleaders squad led by Coach Kenya Hughes won first place; The 80-pound cheerleaders squad led by Coach Donna Brown won first place; The 90-pound cheerleaders squad led by Coach Kristie Owens won first place; The 110-pound cheerleaders squad led by Coach Kimberly Ellis won third place; The 135-pound cheerleaders squad led by Coach Dysonya Peele won first place; and The 165-pound cheerleaders squad led by Coach Amelia Wallace received an excellent rating at the South Florida Youth Cheerleading Competition. NOW, THEREFORE, I, RITA ELLIS, Mayor of the CitS~ of Delray Beach, Florida, on behalf of the City Commission, do hereby recognize and commend: The Delray Rocks Football and Cheerleaders Participants for their representation of the City of Delray Beach Parks and Recreation Department and offer them congratulations on an outstanding job in the 2008 South Florida Youth Football & Cheerleading 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 6th day of January, 2009. RITA ELLIS MAYOR MEMORANDUM TO: Mayor and City Commissioners FROM: R. Brian Shutt, Assistant City Attorney THROUGH: City Attorney DATE: December 22, 2008 SUBJECT: AGENDA ITEM 8.A. -REGULAR COMMISSION MEETING OF .TANUARY 6, 2009 ACCEPTANCE OF WATER AND SANITARY SEWER EASEMENT AGREEMENT/WALMART ITEM BEFORE COMMISSION Approval of an easement agreement for water and sanitary sewer lines associated with the renovation of the Walmart store located on Military Trail south of Linton Boulevard. BACKGROUND The attached easement agreement grants to the City the right to maintain and service its water and sanitary sewer lines on the property as shown by the attached easement agreement. Walmart is renovating a portion of its site, located at the southwest corner of Military Trail and Linton Boulevard, and the renovation requires the relocation of existing water and sewer lines. Walmart will relocate the lines at its expense and this Easement Agreement grants the City the right to access and maintain the utilities. RECOMMENDATION Staff recommends approval of the easement agreement. Prepared by: RETURN: Susan Ruby, Bsq. City Attorney's Office 20U N. W. 1st Avenue Delray Beach, Florida 33444 WATER AND SANITARY SEWER EASEMENT AGREEMENT THIS WATER AND SANITARY SEWER EASEMENT AGREEMENT ("EASEMENT AGREEMENT"), made this ~~day of } ' 2048, by and between WAf,-MART STORES, 1NC., a Delaware corporation, with a mailing address of 2001 S.E. l0a` Street, Bentonville, AR, 72716-0550 ("Wal-Mart"}, and the CITY OF DELRAY BEACH, a Florida municipal corporation, with a mailing address of 100 N.W. 1st Avenue, Delray Beach, Florida 33444 (the "City"). WITNESSETH: WHEREAS, Wal-Mart is the fee simple title owner of that certain real property located in the City of Delray Beach, Palm Beach County, Florida, legally described in Exhibit A attached hereto and made a part hereof ("Wal-Mart Property"); and WHEREAS, Wal-Mart desires to grant to the City certain exclusive perpetual water and sanitary sewer easements, together with the right of vehicular and pedestrian ingress and egress over, under, across and upon the Wal-Mart Property for the operation, maintenance and replacement of water and sanitary sewer utility lines located within the legally described areas on Exhibit B ("Water Utility Easement Areas") and on Exhibit C ("Sanitary Sewer Easement Area"), each of the foregoing exhibits attached hereto and made a part hereof (collectively, the "Easement Property"). NOW, THEREFORE, for and in consideration of the mutual promises and covenants contained herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto intending to be legally bound, do hereby agree as follows: 1. Recitations. The foregoing recitations are true and correct and are incorporated herein by this reference. 2. Grant of Easements. Wal-Mart does hereby grant and convey to the City an exclusive perpetual easement aver, under, across, through and upon the Easement Property for the purposes of operating, maintaining, reconstructing, repairing, replacing, improving, removing and inspecting water and sanitary sewer utility lines and all appurtenances andlor improvements FTL:296Q616:7 Water and Sanitary Sewer Easement Agreement Wal-Mart Store #1589-43, Delray Beach, FL associated therewith as may be required by the City, together with the right of vehicular and pedestrian ingress and egress over the Wal-Mart Property to the Easement Property for the purposes outlined in this Section. 3. Ci s Use of the Easemment Pro a .The City shall have the right to do all things necessary, useful or convenient for the purposes outlined in Section 2 of this Easement Agreement; provided, however, the City agrees that any portion of the Wal-Mart Property disturbed by such activities shall be restored to its original or like condition without any expense to Wal-Mart. 4. Wal-Mart's Use of the Easetncnt Proms . Wal-Mart shall have the right to make any use of the Easement Property that does not interfere with the City's use. Accordingly, Wal- Mart reserves the right to construct and utilize certain improvements within the Easement Property including, but not limited to, landscape, irrigation, paving, paving markings, parking, curbing and utility crossings; provided, however, Wal-Mart shall not be permitted to erect any building within the Easement Property and within ten feet (10') horizontally from either the water or sanitary sewer utility lines. S. Perpetual _Duration and Modification. This Easement Agreement shall be perpetual in duration and shall not be changed, altered or amended except by a written instrument executed by Wal-Mart and the City by its City Manager and recorded amongst the Public Records of Palm Beach County, Florida. The parties hereby acknowledge that if this Easement Agreement is recorded prior to Wal-Mart's installation and completion of the water and sanitary sewer utility lines, at Wal-Mart's sole cost and expense, that the legal descriptions of the Easement Property and this Easement Agreement may need to be amended to reflect the as-built locations of the Easement Property. 5. Covenants of W -Mart. Wal-Mart hereby warrants and covenants that: 6.1 Wal-Mart is the owner of fee simple title to the Easement Property. 6.2 Wal-Mart has full right and lawful authority to grant and convey the easements set forth in Section 2 to the City. 7. versant Runnin with the Land. This Easement Agreement and all conditions and covenants set forth herein are intended and shall be construed as covenants running with the land, binding upon and inuring to the benefit of Wal-Mart or the City, as the case may be, and their respective successors and/or assigns. 8. No Third Party l3enef ciaries. No parties other than Wal-Mart and the City shall be deemed to be intended beneficiaries of this Easement Agreement. {THE REMAINDER OF THIS PAGE LEFT INTENTIONALLY BLANK WITH SIGNA'1 URE PACrES FOLLOWING.] FTL:2964616:7 Water and Sanitary Sewer Easement Agreement Wal-Mart Store #I589-03, Delray Beach, FL 2 iN WITNESS WHEREOF, the parties to this Easement Agreement set their hands and seals the day and year first abase written. WITNE55E5: Print Name. 1,~1L~~_. ~Y~Otr''~11n Print Name: ~ i'Y~(~r t-,lr-~ WAL-MART: WAL-MART STORE5, INC., a Delaware corporation By: ~ ~~, ~~~Cl~1~e.~ Regional Vice President of Design & Real Estate STATE OF ARKANSAS ) SS: COUNTY OF BENTON ) The foregoing ins ~.t wa ac ow1edged before me this ~ day of r 2008 by ~ Regional Vice President of Design & Real Estate of Wal-Mart Stores, Inc., a Delaware corporation, on behalf pf the corporation. He is p own to a or has produced ( e of identification) as identification and didldid not take an oath. (SEAL) . ILIA NOTARY plJBt.IGSTATE OF ARKANSAS WASMINC~TON COUNTY My Commission Expires May 01, 2017 Con'-missian # 123fi0574 gnature of Notary Public - State of Arkansas FTL:286o61B:7 Water and Sanitary Sewer Easement Agreement Wal-Mart Store #1589-43, Delray Beach, FL 3 Signed, sealed and delivered in the presence of CITY: WITNESSES: CITY OF DELRAY BEACI~, a Florida municipal corporation By: Name: Title: [Witness-print or type Hama] [Witness-print or type name] (CORPORATE SEAL) ATTEST: By: Name: Title; APPROVED AS TO FORM: By: Name: Title: STATE OF FLORIDA ) COUNTY OF BROWARD ) The foregoing instrument was acknowledged before me this , 2008, by of the CITY OF DELRAY BEACH, a Florida municipal corporation. He is personally known to me and did not take an oath. Notary Public, State ofFlorida Typed or Pz~nted Name of Notary My Commission Expires: FTL:2960616:7 Water and Sanitary Sewer Easement,Agreement Wal-Mart Store #15$9-03, Defray Beach, FL ~ EXHIBIT A WAL-MART PROPERTY Parcel "C", Tract "W", and Parcel "A", Less that part of said Parcel "A" conveyed in Corporation Warranty Deed recorded in Official Records Book 7004 page 1Q$6, all in a PLAT OF WAL- MART CENTER, according to map or plat thereof as recorded in Plat Book 66, Page ~ 1., of the Public Records of Palm Beach County, Florida. FT1.:2960616:7 Waier and 3eniiary Sewer Easement Agreement Wal-Mart Stare #1589-03, Delray Beach, FL E3~lIBIT B WATER UTILITY EASEMENT AREAS FTL:298p616;7 Water and Sanitary Sewer Easement Agreement Wal-Mart Store #1589-03, Delray Beach, FI. 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Sn ~z° Q u~°q~ ~a~.. ~a~~b~~ .._~ ~ z~ _.. ~ w ~w w a ~ ° m~~ V ¢z wo~ ~ `~ ~ I o I ~ aW OTO ~ ¢~~ ~ U W I ~4 a~"s[i J wW~m pp vU1 LJ ~ rn~ ~~~ m ~p ~ wa ~ ~cc ~Ya ~a~a ~~ Z w ~ N ~i v ..r c~ ~ . a~°.' szM . ' I ~; ~~~ ~~ ~~ ~~~ I~ I~ ~~ ~i'~~ ZI ~~ ~j I~ ; { 3 ~ ~ w 4, a Q ` ~ 3w .. ___ _m .. , ~~ w 4~ ~ M.sszo-wN .rr'su ~ 'o '' ~ ~ ~~~ r_ ,BLZY rv '9d '98 '9'd ~~ W - - _. - ~ J ~. ~ `- .~~ rr aaa~rta~vn~arr ~a~ v~r m ~ J~ ~ , , ~ ~ _£QSOHMI ~Lr M,LO,i`O.WN m c~`.~ »X» .LaY23S ao ~ sxsr 9d 'aaaor eao ~©ravao~ua~ ssrpgs'iv~s ~N~r. s~wlarae 3o smte v. '~3aara arm is3x c a~ _ ~~ • ~~ w ~~ wa U ~ o ~ ~ ~a Y F~ 5 9 ~ =~I~TH ia~XHiBiT B I~'GAL DE,SCRIPTICIIV {BY SURVEYOR) AI.4 THAT CERTAIN PIECE, PARCEL OR TRACT OF LAND SITUATE, LYING AND BEING IN A PORTION OF PARCEL "A" AND ?ARCI=L "W", WAL-tvIART CENTER, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT HOOK 66 AT PAGES 41 RND 42, DF THE PUBLIC RECORDS OF PALM BEACH COUNTY. FLORIDA. SAID LANDS BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO WIT; COMMENCING FOR REFERENCE AT THE SOUTHWEST CORNER OF SAID PARCEL "A'; THENCE BEARING NORTH 41'12`49" WEST, ALONG THE WE5T LINE flF SAID PARCEL "A", A DISTANCE DF 92.69 FEET TO A POINT; THENCE, LEAVING SAID WEST LINE, BEARING NORTH 86°47'19" EAST, A DISTANCE OF 85.29 FEED 70 THE PO]NT AND PLACE OF $EGINNING OF THE HEREIN DESCRIBED PARCEL ; THENCE, SEARING NORTH 01°£Y2'S1" WEST, A DISTANCE OF 273.43 FEETTD A POINT; THENCE, BEARING NORTN 23°83'13" LVEST, A DISTANCE OF 35.03 FEET TO A POINT; THENCE, BEARING NORTH 07°20'44" LVEST, A DISTANCE OF 62,28 FEET TO A PDiNT; THENCE, HEARINCy SOUTH B8°56'47' WEST, A DISTANCE OF 46.89 FEET TD A POINT; THENCE, BEARING NORTH 41"U3'ff7" WEST, A DISTANCE OF 704.81 FEETTD A POINT; THENCE, 33EARING SOUTH 9(1"40'00" WES'T', A pISTANCE OF 5.13 FEET TO A POINT; THENCE, BEARING NORTH 06°40'{10" EAST. A DISTANCE DF 12.00 FEET TD A POINT; THENCE, BEARING NORTH 9p°40'00" EAST. A DISTANCE DF 4.91 FEET TO A POINT; THENCE, BEARING NORTH 41"(t3'{#7" ti4'EST, A DISTANCE DF ? 1,92 FEET TO A POINT; TF;ENGE, BEARING SOUTH 94`00'00" WEST, A DISTANCE OF 26.i p FEET TO A POINT; T}3ENCE, BEARING NORTH 01°12'41" WE5T, A DISTANCE OF 12.04 FEET TO A POINT; T1iENCE, BEARING NORTH 94°pU'44" EAST, A 1]ISTANGI: OF 26.14 FEET TO A POINT; THENCE, BEARING NORTf~i 41 °03'07" WEST, A DISTANCE OF 52.59 FEET TD A POINT; THENCE, BEARING NORTH 89°34'30" EAST, A #31STANCE OF 63.46 FEET TD A POINT; THENCE, BEARING SOUTH 00°25'34" EAST, A DISTANCE OF 12.04 FEET TO A PO€NT; THENCE, BEARING SOUTH 89°34'34" WE5T, A DISTANCE OF 51.33 FEET TO A POINT; THENCE, BEARING SOUTH 01°03'07" EAST, A DISTANCE OF 469.24 FEET TO A POINT; THENCE, BEARING NORTH 88°56'47" EAST. A DISTANCE DF 40.83 FEET TD A POINT; THENCE, BEARING 50UTW 01°20'04" EAST, A DISTANCE OF 71.85 FEET TO A POINT; THENCE, BEARING SOUTH 23°33'13" EAST, A DISTANCE OF 35.06 FEET TD A POINT; THENCE, BEARING SOUTH OS °42;51" PAST, A DISTANCE pF 21A.84 FEET TO A POINT; THENCE, BEARING NORTH 88"56'A7" EAST, A DISTANCE DF 9,86 FEET TD A POINT; THENCE, BEARING SOUTH 41°43'S3" EAST, A DISTANCE OF 10.00 FEET TO A POINT; THENCE, BEARING SOUTH 88°56'A7" WEST, A DISTANCE OF 9.86 FEET TO A POINT; THENCE, BEARING SOUTH 01°02'51" EAST, A DISTANCE OF 34.98 FEET TO A POINT; THENCE, BEARING NORTW 88°56'47" EAST. A DISTANCE OF 323.25 FEET TO A POINT; THENCE, BEARING SOUTH 04°43'13" EAST, A #315TANCE DF 24.64 FEET TO A POINT; THENCE. BEARING N4RTIi 88"37'23" EAST, A pISTANCE DF 2.86 FEET TO A POINT; THENCE, BEARING SOUTH 61 °22'37' EAST, A D15TANGE OF 12.40 FEET TO A POINT: THENCE, SEARING SOUTH 88'37'23" WEST, A DISTANCE OF 74,93 FEET TO A POINT; THENCE, BEARING NORTH 07°03'13" WEST, A DISTANCE OF 24.71 FEET TO A POINT; THENCE, HEARING SOUTH 88°56'47" WEST, A DISTANCE OF 323.25 FEET TO THE POINT OF SF""GINNING. THE ABOVE D>;SGRIBED PREMISES CONTAIN AN AREA DF 12,585 S4UARE FEET OR 4.29 ACRES, MORE OR LESS. SUBJECT TO ALL EASEMENTS, CONDITIONS AND RESTRICTIONS AS CONTAINED WITHIN THE CHAIN OF TITLE. ~.~ "~^ ^~^ Ki1111eyHom f ~ ~~ LEGAL DESCRIPTIQN AN©SKETCH ~~ m.,w:.-- anQAssociales,lnc. 203 Pa b ~+-~ ~ ~"+~. ~ WATER EASEMENT o~F~vb ev ~, bi n°e n.K SWH JIXI. 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V' ¢ a w ~ w w ~ ~ ~ p 8~$~ S~iB.L 01 ~ ~ 'a n m ~ a ~ w rx-~ ~~c ~a~ci ~a ~I~IHX~ r N Y7 ~ a ~$ d EXHIBIT C SANITARY SEWER EASEMENT AREA FTL:2960816:7 Water and Sanitary Sewer Basement Agreement Wal-Mart Stare #1584-03, Delray )3each, FL 10 "~~ IH~d~~ J~1p'~J"13Q ~p ~1~~ 4'OLfSZL40 ewa-:ec lxcA xre wu-tvc (u17 71ow 'pN 1~3I'01€d CoeiC 'UI "~V a+M'DOC w .'i~ws rIL WP Al GLR3~U ~• ~0 ~ 1N3UV~S`d~ 2i3M3S 1.~11~llt~b'S '>w ~.~ ~+• ~ ~ o rxi~ ~.,.,,, H~1~~iS QNH NOIldl2J~S~a ld~~"1 84/OC/Oi '~U~'sa~e~~assyplie LaJ c~ Z t~ ~ C~ O s- z fu uF-t 2 ~'. b ^ g N tw-o_ pZ~ ¢z u. w rv ~ w•'°4q° ~ FWDU [L`DLw1 wU' 2 °~° rn ro ~~~ ~~ ~n o.; p QDa:d u~~ri Mw F- a> ~ ~ ro~0 $~~•Sf~~ c~~i ~~F-m.}i Zp.:ca r'm q iD n ":DZ kn n pA ,~ ~ u ~ ~ ~ ¢ D W ~i m O Z u. CJ D ~- tr a { S g~ p ~~ o n ct ~" ~ d~ZaU i"~u. SV Z.r~ t} U !J ~tUllZ `u°k2s•~v~ ~~ 2 '~ D e US o !5 r` LL~~.. S~nw Or,~~ ~~a 1Y 0~. ~n ~ Fa- Fes,- ~~U~ ~~~bw ~oc ~0. O . 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' y~ ~ ~ ~ `~~" N N ~ ~ o tea vla W ~ v~~ Y_' aN •, ~ T6'fld'99'H'd ~ ~ ~ I:r \~~ qZ~~" Hof ~ F, t13J,118~ S,fi41[-7YY O~ ~ ~ p ~' d a d a o !° F N ,L~Y2LL ~~ 2IA,LYN py ~ a ,'~ ~ a ¢ z ° }~ o ¢ ~ oc ,' uia ~ Fln a~ dca~~ ~a. w r 2w2 4 m U LL W li Z .9L'~LC M,tt,ll.lilN N~ F~~ r7 Q? 2 O Q D r''1 Z q U w F 96ST 9d '026(tI 8~0 SSA71}1Y38 do st5b8 ,V, l3~>4vd 3Nn 153M a ~ ~ _ ~ `Y " w ~ a .U7 NULLY80d80J '~' a q~ ,",~' w~ ca m u a flH1a~.L Ja7?~L '" ~ w '' ^ m ~ U ~ w a T CTT~TTV ~~ ~xo '''aw¢ xw rJ ~LIQ ll~rl~ ~ U. ~ Q r ~ .-~ !v ri a a a a L A MEMORANDUM TO: Mayor and City Commissioners FROM: Trade M. Lutchmansingh, P.E., Asst. City Engineer Richard C. Hasko, P.E., Environmental Services Director THROUGH: David T. Harden, City Manager DATE: December 23, 2008 SUBJECT: AGENDA ITEM 8.B. -REGULAR COMMISSION MEETING OF .TANUARY 6, 2009 HOLD HARMLESS AGREEMENT/NEW CENTURY LINTON ONE LLC ITEM BEFORE COMMISSION Commission approval to execute a Hold Harmless Agreement with New Century Linton One LLC for improvements placed within a City utility easement. New Century Commons is located at 500 Linton Boulvard. BACKGROUND Due to limited access, New Century Commons is requesting permission to install a dumpster enclosure within an existing water easement. As a result, a hold harmless agreement is required to indemnify the City from any damage which might be caused to the dumpster enclosure by maintenance within the public utility easement or any other actions resulting from placement of the dumpster enclosure in the location shown in the attached exhibit. RECOMMENDATION Staff recommends approval. Frepazed by: RETURN: R. Bria~a Shutt, Esq. City Attorney's Office 20~ N.W, lst Avenge Delray Beach, FL 33444 HOLD HARMLESS AGREEMENT FOR IMPROYEMENTS PLACED WITHIN A UTILITY EASEMENT THIS HOLD HARMLESS AGREEMENT, is entered into dais day of 2Q0_ by and between the CITY OF DELRAY BEACH, FLORIDA, (hereinafter referred to as "CITY"} and ~ ~e ~~ ~~ , {hereinafter referred to as "OWNER"). WITNESSETH; WHEREAS, OWNER owns property located at ~..~~ ~~ }~, ,Delray Beach, Florida, and has requested CITY to allow for the installation of a dumpster enclosure in a public utility easement; and WHEREAS, OWNER agrees to hold CITY harmless for any damage which might be caused to the dumpster enclosure as a result of maintenance within the public utility easement or any action brought against the CITY as a result of the du~npster enclosure in tl~e public utility easement. NOW, THEREFORE, for the mutual covenants and matters set forth herein, as of the date set Earth above, the parties hereby agree as follows: 1. The recitations set forth above are incorporated herein.. 2. OWNER is the owner of property described in Exhibit "A", which. also shows or describes the public utility easement. 3. That OWNER wishes to install a dumpster enclosure in the area, as shown on Exhibit "B", in the public utility easement pursuant to the City of Delray Beach Code of Ordinances. Such dumpster enclosure shall not be installed any closer than 4 feet to the public utilities. 4. OWNER acknowledges that the CITY shall assume no responsibility or maintenance for the dumpster enclosure and any improvements thereto, which OWNER places within the public utility easement and that OWNER shall be responsible for the upkeep and maintenance of such dumpster enclosure and associated improvements in the public utility easement in accordance with the Code of Ordinances of the CITY. 5e OWNER, in consideration of the mutual covenants set forth herein, agrees to defend, indemnify, and hold harmless the CITY, its agents, officers, employees and servants from. any and all claims, suits, causes of action. or any claim whatsoever made, and damages, which may result from the placement or existence of the dumpster enclosure and improvements in the public utility easement. OWNER further agrees to hold the CITY, its agents, officers; employees and servants harmless for any damage to the dumpster enclosure and associated improvements OWNER places within the public utility easement. It is understood that any cast far replacement or repair of the dumpster enclosure and associated improvements shall be the OVL'IiTER'S responsibility, and the CITY will trot be held liable for any damage to the dumpster enclosure and associated improvements as a result of any maintenance or construction within the public utility easement by the CITY. 2 6. The CITY may request, in its sole discretion, that the dumpster enclosure be remaved from the public easement. In tl~e event of such request, ®VVNEIZ agrees to remove the dumpster enclosure from the public easement within 30 days of receiving the written request. 7. All notice required or allowed by this Agreement shall be delivered in person or mailed to the party at the following address: 8. This Agreement shall be binding on tl~e Parties, their respective heirs, successors, legal representatives, and permitted assigns and shall be recorded in the Public Records of Palrx~ Beach County and shall. run with the land. 9. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. Venue for any claim or lawsuit arising out of this Agree~x~ent shall be in Palm Beach County. IN WITNESS WHEREOF, the parties hereto have entered rota this agreerrrent the day and year first written above. 3 ATTEST: By: City Clerk Approved as to Form By: ~ t (Print or Type Name) STATE OF ~ _ ; ~ COYTNT'Y OF ~~,.___~~ CITY ®F DELRAY BEACH, FL®RIDA By: WNER: 4 d ~' {Print ar Type Name) O B {SEAL) The foregoing instrument was acknawledged before nee this ~`; ~i'~ day of _ ~~.c~~~,~' , 200 by ~~,~~~ ,~~-4~,~~ (nazx~e of officer or agent}, of ~~ ~~~-~~ ~~~~~~ (name of cort~aration}> a ~-~~-;~ ~ (State or place of incorporation corporation, an behalf of the caxporatio~~. He/She is personally known to me or has produced (type of identification.} as identification and didldid not take an oath. Signature of Notary Public - State of l~ria~. SEAL '""•" ~, l~~~lle bra ( ) -Com~issio~s ~t71D~b67~9 t~U?d73E1] TFIRCt A7'L.ASd'E'IC BONAING Cp., IIdC. CT'11Y Cfi~N DELRAY BEACH, PALM BEACH COUNTY, FLORIDA ~~I®~~ f4~l1 LPL ®E~RPT'I®~V LAN® ~ES~RIF~TI®N: PARCEL ONE: TRACT A, COSTCO WHOLESALE---DELRAY BEACH, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 65, PAGE 112 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. SAID LANDS LYING IN THE CITY OF DELRAY BEACH, PALM BEACH COUNTY, FLORIDA, CONTAINING 387,341 SQUARE FEET (8.892 ACRES, MORE OR LESS PARCEL TWO: TOGETHER WITH THE DRAINAGE EASEMENT CREATED UNDER THAT CERTAIN EASEMENT AGREEMENT BETWEEN LINTON PLAZA AND MID ATLANTIC BANK, TRUSTEE DATED OCTOBER 11, 1989 AND RECORDED JANUARY 4, 1990 IN OFFICIAL RECORDS BOOK 6314, PAGE 479 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. PR©JECT No: O787A.pO :~' MICHAEL D. ROSE PROFESSIONAL SURVEYOR AND iliiAPPER FLORIDA REG No. 3998 STS ~~~~ ~~ DROTOS ~~ aC ASSOCIATES ~~ CERTI~-CAT~ QF ,~IITMaRIZ6aT10Fd LI3 hlo. 6455 349A tdorth An~irerca Avasus ExP. o Pompano Bach, C'L. 33464 REVI51ONS DWN SATE CHKD PH: 954-94.3-9433 o FAX: 954-783-4754 W1i ~~ t ~I~i~ L~~~~V DELRAY BEACH,vPAuuLM!! BI"ACH CQUNTY, FLORIDA ~Xn 1~ ~~+tr~~;t El~a~~~~~~ ~~~~~~~~~ `7~~~~,s~ SCALE 1"-10' :____r x ~ ~ { ~ 4 . . ~ ~ I ~ a. - a - ~ n Q ;,...~ a 4 - ~ M EX 15" STM E ~l5" STM ~ . X 8" WM ~ EX S" WM -~- l ~ ROPERTY LINE - 4 TYPE (~p~ ~ X ~ ~ ~ ~. w . . _ ~ CRP ~ ~~ - ~ ~ i 4a .~~. - ~ ~. ~ 4 4 ~ ~ X UU PSTER - -- ,~ ENCLOSUR ~ _ ~ z n~ c ~ EX 8" WM EX 8" WM EX 8" WM ~ EX 8" WM ~ E 8"~ °~(2} 8 YARD DUMPSTERS ~ MAINTAIN ~' ~ MINIMUM SEPARATION JAMES DROTOS P.E. P~o,~ECT Na: o~$7A.o0 CIVIL ENGINEER Ir1.A. P.E. No. 35505 o~ ~ S~3AI~ ~rw N ~~ DR®TDS ~~ ~ As~asctargs cE~a~°ic~g~ of AtJYNt~R1ZATI~N a.~ eto. ®.SGS~ 3~1m 18aetle Androar® l+vvnw Ext. a 6bmp®n® Bwch. FI. 534 REVISIONS 6WN PATE CHKD 1'F4r 954^84ir-8433 0 ~'q~; f54°7-4754 C O ~ ~ ~ ~ U ~ ~ o .~ ~~ }+ ~ U O U J Z ~_ C~ U (~ N m N 0 0 0 N N MEMORANDUM TO: Mayor and City Commissioners FROM: Richard C. Hasko, P.E., Environmental Services Director THROUGH: David T. Harden, City Manager DATE: December 29, 2008 SUBJECT: AGENDA ITEM 8.C. -REGULAR COMMISSION MEETING OF .TANUARY 6, 2009 SUPPLEMENTAL CONSULTING SERVICES AGREEMENT/GLATTING .TACKSON KERCHER ANGLIN, INC. ITEM BEFORE COMMISSION Staff requests Commission approval of a proposal from Glatting Jackson Kercher Anglin in an amount not to exceed $23,700.00 for supplemental consulting services requested by staff relative to the Old School Square Park project. BACKGROUND Upon completion and approval by Commission of the final master plan for the Old School Square Park expansion, staff met with the project consultant, Glatting Jackson Kercher Anglin, to discuss the scope of services involved with the final design and construction of Phase I Park development. In the course of discussion, a number of tasks were identified that were not specifically related to the Phase I design activities, but that staff felt were important to the success of the project. One of the requirements of the FCT Grant for the purchase of the additional park land was to provide updates as to the final master plan and grant information. This involves revisiting the FCT Management Plan and documenting revisions to and locations of park elements required for inclusion in Phase I by grant conditions, as well as submittal of the master plan itself with supporting documentation as to its conformance with grant requirements. Glatting Jackson will perform that scope of services on a time and material basis not to exceed $9,500. In addition, Glatting Jackson was asked to prepare a brochure of the proposed master plan and improvement to assist in publicizing the park and soliciting donations for sponsorships of individual amenities and components. Glatting Jackson will prepare the brochure for a lump sum amount of $6,700. Finally, Glatting Jackson was asked to prepare statements of probable cost for both the Phase I and overall master plan improvements, listing individual components for the purpose of soliciting sponsorships. Those services will be performed for a lump sum amount of $7,500 for a total proposal not to exceed $23,700. This contract addition will be governed by the terms of the agreement for general consulting services with Glatting Jackson dated Apri17, 2007. FUNDING SOURCE Funding for these supplemental consulting services is available in account # 334-4151-572-63.59, Old School Square Park Improvements. RECOMMENDATION Staff recommends approval of supplemental services agreement in the amount not to exceed $23,700. lNe Plan-and Design Livabt~ Ca€i~inuriities Jaoli F: Gtatt?ng„ 1~crttttder r~~TTIONAL SERVIG~S'Td L" E`i'TER f3F AGREEMENT V!lillam J. Arigtin;.Jr.. 6regoryA. E3ryla nan E. Burden Nave~xiiber 21, 2Q~$ Frames E: lvlarino Charley P_ Ccbble . l~rir. Ricaxri Haslsa Jay H. Exam Ca€ey 5. Haysi ~1C~Cti3r Of FTiVli~ajYiCTit~I SerV~CeS ~~~ ~; read City afl7elray.Beach T1r~othy T..tacksaii ~~~ ~. ~yYiT1~pA r~VEI11te -William G. 1[@fC112P,..)t. Vstalter M: Kutash ......... I?elray C>~C~3; EL Breril A. Lacy ~a1C8:. ~~~~ } ~~~-"i~~~. St~aron.K:: Lam~rtti2 ~~: 5~j "7~: `~~g(1 Thomas J. hlclvtackeri', Jt: John :-1, F?ercy 7"roy P. Russ ~: [`it~7 ~1~'pelray BeaCli Qld ~ehaal flq~are ~ldditianal ~et'ViC~S I~;eC litr St Peter G_ 5erhier panata G: ~+ishait . ~ ; Glattan 3aclCSpn ~'ra ect:~~(~12~.(3~. $ J Divar:R:i~ltard, Glatti~zg.7a~sori K~rc~er Anglin, .Inc. (Gutting ~a~l~son) is pleased t~ provide tl>:e scape of services putlined below to the City aF~elray Beach (Cif'') as' azz Additional ert~ce .to our Agrei/z~tent for General. ~onsultrig S.erk-ices datet~ Apri17, 2(17. ill set~rices rvilI be"~ravided c~r~:der'tlie tsis and cc~nclitiai~ iif ~~ above-referenc~i~ ~~reerrr~esit and any appraVecl arnendenis or madi~carzc~ns tl~ereta; fa~~ Z11~a~r1 +~ ~~c]l::El1~iL11~T. l .l Additional ~'ra~'essoaals r~r~rl~iz>~~ o~i tli~ prpject iit~der cantra~t.to ~latiing Jaclesprl: i~.clud~ the ~tilli~wing. C`~rnxning Corporation - Cost ~sttrnat~s 2.~ ~C(~PE [3F SEItV~CES' 1389 PeaChtr£s Street, Hi=, ....... Suite 3'I0 Atlanta, ~~ ~os~s Past ~,_ ~"lt-~ida Commul~t~ T>r~ust {F`~'i'} .iVl~tagemett Pt$n Update P. 404'541$552 1523 '18th St ~• ~ ~' ~T ~~i1~~2~11@It~'~~~Il V~3f~dt~ -W ~rl3ttlY~~,'~dC~1711: ~Vi~l l1~?~a~e ~~' ~~' M&I28get ~?1a31 Oenve+'; G~ a0~z: P Q 4 3fl to reflect tl~.c City ~ornn~issiciri appravecl Olcl' School:S~uare It?Iasfez~ Plan {dated {3ctit~er, ..3 3 52 9tl ~~~g~. ~ p~ af.thi8 tasl~, ~latttr~g: ~aCkSULI Shall: 120- North Orange Ave Orlando, FL 32801 P. 407 843 85 2 ~J Ciatethe sw7'1Stili ~t1.t1~ pf:Ilt ~a21 aTI(l 311~~t ~ draft t0 the City ~p~' rp~liewo "" ~ ~ ~ .Attend one tl } re~riew meeting withthe City and stakeholders identa~ied liy the City to 222 G€~rri~tis Streak . SUke 2©b West Palm 8eaefi: FL ;33401 ' ' Glaltfng3ticlrsiin l~ercliertlttgl>!n lnc. P: ~6 I 859 6552 Ps~:e 10, f `3. vaiu~v.glatting.rors~ __ - _ ___ ~r •~. ~ ~ ...-S~ ~. b t~ ~~' discuss-the draft Mar~ageinent Plan;. - Revise ihe:.lkilanagoi~nent Plari one {l.}time based on tl~e coxrztiiis received ~t the-review meeting aril resubir~it the Pina11v1anagemer~t Plan to the t/`ity ft~r appravaI ar€d transmittal to FCT; anti - Respon€i fo questions ariii requests'for ati~tioiial;iriforrnation from FGT.. Part II - Broe~nxe 2.2 Fund ~isi~tg.8rr~chure - Glatting lackson.:will develop-an l l" x 17" £unclrsisirf I~rocl~ure for the City that the City ay:use to .solicit doiitior~s and. gi~atris fesr-the prciject. As part cif thus task, G"rlatting ~ackson.shall: - Att~i~d a Kiel£ of'f MeeEiri~: with the. Cite an~i stak~;h.~alders in~i t~3. by the Gi~y;. - Provide one (l) l'.1"x l7" colter draft o f the broekture for City.revie~v; - Attend orze {l}review zraeeting wt12 the City aii~ stakeholders cierit~fzed by the.Cit tc~ discuss the-draft braeh~zre; _ Revise the broch~:a-e..t:e (l} trnc based:an the comxner~ts.recei~red at:the:~~vieur meeting and. resubtnit:the revised eoloz~ broe~ure to:tlie City for revie~r; Glaf#ing.Jaeksc~n wig meet with.the City one {1) tame to review the.re~sesl. bmch~re.. ~'rlatting .iacks9n wl3 incorporate the Guy's review cozrttnents into tl~e firtal:bxochure, - PrQVide an electronic ale oth~ fina3 l T" x T7" brocl~~re to-{he Gtr.. Part I.II -Statements of Probable-'Casts !2<3 5tater~ents of P~r-bai~te C€~sts - Glattir~g rackson anal its'SubG~tnsultarit, Cumrniz~g Corpora€ion;;cvili prvviitle"one ~f) statement of probable costs:for Phase t~.~velopment otte ,.. Qld School Square Master Plan (Ft~' site) anc.t~ne (l) statentent'of probable costs for me deveiopznent of the Masten- Plan.- The constxuction budget f©r Pl~se f is ~plixoxitr~afely ~I,II~I~;~t]t3 (excluding design fees). fihe Gity' will prioritize. the elements to he included in. the Phase 1 setipe of work and provide the-list cif `eIemer~ts tc~ Matting Tael~sar~ prier to;tlie. corruner~cernent of cost estimating. As part ©f .this task Matting"J`aokson shall: attend a Prioritizatzan Meeting witl€ the City and stakeholders invited liy the City to'reuiew the eleents'ideni~~ by the Gity Attend one {1) xraeetin~ u=ith the City to review the staterr~ets a~prcbal~le co~~s 3.~ PRQ.:~CT SCI-IE~IF~ Glattii~Q.~acksori is ~, prepared t€~,begin work on fhe prt~~ect immediately upon receipt cit'tlzis executed ,A~lditior~al Services Agr~ment. t-slatt~ng ~°ackse#n, in cor~sultat~n ~u~th the City, shall gezfortn its v~ork i~ such a rna~ner as to coznply with an agreed upon; schedule. 4.{3 CO1~PNSATION Bart i - Tliie fee for, P~ I, 'GT Management Plan l*Ipdate, shall be: Milled on a time acid maferials`liasis with an. ~ti7na""red budget Qf Nine Ths~sand Five Huz~cired "Dt~ilars {$~,~~p:pp) zneluding direct. costs: Glgrting.laskson Ket-e#ierAnglia: Inc. Fade l`0~3 ~~ .~- P~r€ II -The fee f©r P~~ ~; 33ra~~~tre, skull be a ita~np sun, fee of Six `T~or€sar~t3 ~eve~i H`uz~cired Dollars ~~~,.7fl0.40} ineiut3.~ng'direct gists. 1'arf III-.The-fee far Fars IIl Statements c~f?rabable Casts; shall be.a lump s fee ofSeven 'I'l~c~t~a~d,l?ive Hundred ~3allars ($?,~Ufl.40} in..cluding direct eas#s. er Z3rect Costs incurred i~ cainpleting the.'scoe t3f services detai.led:abnve are`.zteluelect:iri tl~e fees outlined ~baue tie, loc~k"for~vard to ccintinuing cur u7arl~ with ydu on,fhis ~rii~ect, If you ~ncl tl~iese tet ms aeeepta~le, lile.~se.si~Ci ~avhere iiilicated b~lt~w and return c~~e sued ori~al to ~lattina Jac.~s©n for ciur films: 'lease eali e:i~yc~u have any gestfons ~i l~axiager AGREES Tt3 A~I3 ACCEPTED ~Y: City of Delrag• $e~e sy:. ~~~_ ~,~te: Gattiug .Tacksisit ~er~her"An~l~; ~~uc: sh~~~ x: 'z~ar~~ ~~~ mice President Date November 21 2t3Q~ t"rlatting.Iacksot~ Kerc7rer r~~glin; Inc. Prige 3 ~f"3 MEMORANDUM TO: Mayor and City Commissioners FROM: Randal L. Krejcarek, P.E., LEED AP Richard C. Hasko, PE, Environmental Services Director THROUGH: David T. Harden, City Manager DATE: December 30, 2008 SUBJECT: AGENDA ITEM 8.D. -REGULAR COMMISSION MEETING OF .TANUARY 6, 2009 REIMBURSEMENT/FLORIDA EAST COAST (FEC) RAILROAD ITEM BEFORE COMMISSION Requesting approval to reimburse Florida East Coast Railroad (FEC) an amount of $36,743.81 for the reconstruction of the SE 10th Street railroad crossing. BACKGROUND In 1991 the City entered into a Maintenance Agreement with FEC for the SE 10th Street crossing. The Agreement provides for a public crossing of the FEC right-of-way at SE 10th Street. The agreement also obligates the City to reimburse the FEC for any maintenance performed at this crossing. The proposed work is considered routine track maintenance and occurs about every five to six years. Funding was included in the current capital plan. A map of the crossing location is attached. FUNDING SOURCE Funding is available in 334-3162-541-46.90. RECOMMENDATION Staff recommends approval of payment. fEC FLORIDA EAST COAST RAILWAY COMPANY ORIGINAL INVOICE IMP©ItTANT Show this Reference No. on all correspondence > 'INVOICE NLIMI3ER ',INVOICE DATE 41Q51874 11/2L/OS This Invoice is dne and payable no lafer Chap > DIiF. D.9TF'. 12.'06rp8 IN CASE DF ANY EXCEPTION Tf3 THIS INVOICE CITY OF DELRAY BCIi CDIVTACT ACCOUNTS REC)aNA13LP I00 ]sT W 1ST AVE FEC RAILWAY CO DELRAY BEACH FL 33444 PHONE:{800) 342-1131 EXT: ~ ~~~ Date Number Item Due Date Remark Amount 11/21/08 41051874 001 12/06/08 SE 10th St :Progress Bil] ~#1 36,743.$1 Attachmen#; sE loth sr MP 317 + 4sas Crvssiag Project I70T # 272445-D WO # 2234485 - - - __ Total Amount Invoiced 36,743.81 Tax Amount ___ __ $alance Due 36,743.81 vs FUxns oxLY INVOICE RE~VLITTANCE SLIP Customer Nunnbex /Name I887bI CITY OF DEL]tAY ]3CII TO RECEIVE PROPER CREDIT PLEASE AETACH THIS PORTION OF THE INVOICE AND H4.4II• IT WITH YOUR CHECK TO: FLORIDA EAST CDAST RAII.WAY LLC Pfl BOX 863029 ORLANDp FL 328$fi-3029 ~INVOTCENLIMHER INVOICEDATE~ 91fl51874 1112U08 DUE PATE ~ ~ AMO[INT DilE ~ 12IQ6/08 36,793.81 US FUND54NLY CHECK NO CHECK BATE AMOT]PiT PAID QI+1 TI118 HILL ~~`t'' ,~~~, v a~ CE~~~ DEG - 5 2008 ENG~N~~R~NG BILL COLLECTIBLE FLORIDA EAST COAST RAILWAY ORIGINAL BELL REF NO. BILL DATE () ~ ~ c.~ 1 111 912 008 DATE DUE CUSTOMER # „,.~ & Address City of Delray Beach Attn: Randal Krejcarek 434 South Swinton Ave Delray Beach, FL 33444 DESCRIPTION; SE 10th St MP 317+4508 Project Type: Xing DOT# 272495D WO# 22344$5 Progress Bill # 1 INVOICE TOTAL $ 36,743.$1 DISTRIBUTION: Account Number Amount 2.07©9.091 WO# 22344$5 $ 36,743.81 TOTAL $ 36,743.81 :~~ ~,. ~~ ~, ~~~` WO# 2234485 IVIP 377+45{}8 Location SE 10th St Progress Bilf # 1 CONTRACT LABOR CREW EXPENSES NON-CONTRACT LABOR PERSONAL EXPENSES MATERIAL WORK TRAIN EQUIPMENT ACCOUNTING INVOICES Project Type Xing Contract # DOT# 272495® Service Period: 9!1!08-1€~l31/08 Amount $ 1, 763.05 $ 206.00 $ 575.06 $ 56.00 $ 2,627.94 $ 707.00 $ 1, 860.33 $ 183.73 $ 28,764.70 TOTAL $ 36,743.81 a~.~~~ ~~ ~~ ,~ j,~ , .~ U U w CJ/~A/\ ~~ O ~A _` Q° ~ ~ ~ ~ M r' Y° _ OHO ~~ ~- oLL .~ a. ~ ~ t ~ O .N W ~ ~ U U (~ N m (~ L 0 0 N N MEMORANDUM TO: Mayor and City Commissioners FROM: Richard C. Hasko, P.E., Environmental Services Director THROUGH: David T. Harden, City Manager DATE: December 1, 2008 SUBJECT: AGENDA ITEM 8.E. -REGULAR COMMISSION MEETING OF .TANUARY 6, 2009 CONTRACT CLOSEOUT (C.O. NO. 1/FINAL)/WEST CONSTRUCTION INC./FIRE RESCUE STATION N0.4 ITEM BEFORE COMMISSION This item is before the Commission to approve Contract Closeout Change Order #1/Final in the add amount of $47,824.24 and final payment in the amount of $119,613.74 to West Construction, Inc. for the completion of Fire Rescue Station No.4, City P/N 2006-016. BACKGROUND The demolition and total reconstruction of the Delray Beach Fire Rescue Station No. 4 facility occurred as a result of structural damaged incurred by the 2004 hurricane season. The newly completed 10,000 square foot station consists of hurricane resistant windows, doors, louvers, apparatus bay doors and a natural gas type generator capable of powering the entire building in the event of a power outage. Amenities include a dormitory for eight, semi-commercial kitchen, dining and fitness area in addition to a confined rescue training space for the hazardous materials team. The original construction budget for this project was $3,116,500.00. Due to favorable competitive bidding conditions in the construction industry, the project low bid was received in the amount of $2,392,275.00 from West Construction, a firm that has a superior record with the City in completing projects within budget and schedule parameters. West was awarded the contract on November 6, 2007, with a 360 calendar day construction time frame. The City realized savings in excess of $700,000 and received a quality construction product that was delivered three months early. Throughout the course of the project, numerous Building Department, Fire and architectural modifications were made to the plans. The total cost of these revisions is $47,824.24, and added line items are detailed on Schedule "A" attached. Regretably, due to the pace at which the project was proceeding and an uncharacteristic lapse of oversight by staff, these additional items were not brought to either the City Manager or City Commission for prior approval in accordance with the City's purchasing policies. While each revision resulted in added value received, and the overall cost increase was limited to 2%, well within acceptable standards for a project of this complexity, staff acknowledges responsibility for failure to pursue proper approval for the listed revisions. As a result of this violation of purchasing policies, we are implementing stricter internal controls over project expense tracking and pay requisition review and approval which will include hands on oversight by the Director. FUNDING SOURCE Funding is available from 334-6112-522-62.88 (General Construction Fund/Fire-Rescue Station No. 4) RECOMMENDATION Staff recommends approval of Contract Closeout Change Order 1/Final in the amount of $47,824.24 and final payment in the amount of $119,613.74 to West Construction, Inc. for the completion of Fire Rescue Station No.4, City P/N 2006-016 CITY OF DELRAY BEACH CHANGE ORDER TO ORIGINAL CONTRACT CHANGE NO. 1/Final (Contract Closeout) PROJECT NO. 2006-016 DATE: PROJECT TITLE: Fire Rescue Station No. 4 TO CONTRACTOR: West Construction, Inc. YOU ARE HEREBY REQUESTED TO MAKE THE FOLLOWING CHANGES IN THE PLANS AND SPECIFICATIONS FOR THIS PROJECT AND TO PERFORM THE WORK ACCORDINGLY, SUBJECT TO ALL CONTRACT STIPULATIONS AND COVENANTS. JUSTIFICATION: Complete changes to project per the attached Schedule "A". SUMMARY OF CONTRACT AMOUNT ORIGINAL CONTRACT AMOUNT $2,392,275.00 COST OF CONSTRUCTION CHANGES PREVIOUSLY ORDERED $ 0.00 ADJUSTED CONTRACT AMOUNT PRIOR TO THIS CHANGE ORDER $2,392,275.00 COST OF CONSTRUCTION CHANGES THIS ORDER $ 47,824.24 ADJUSTED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER $2,440,099.24 PERCENT INCREASE THIS CHANGE ORDER 2.00% TOTAL PERCENT INCREASE TO DATE 2.00% 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 reasonable. West Construction, Inc. (Contractor to sign & seal) TO BE FILLED OUT BY DEPARTMENT INITIATING CHANGE ORDER Funding is available from account: 334-6112-522-62.88 (General Construction Fund/Fire-Rescue Station No. 4) DEPARTMENT FUNDING CERTIFIED BY DELRAY BEACH, FLORIDA by its City Commission RECOMMEND: Environmental Services APPROVED: City Attorney By: Mayor ATTEST: By: City Clerk S:~EngAdmin~ProjecL1~2006~2006-0L6 (RFQ's-BOX-PROJ FILE 2006-005)AOFFICIAUL2.09.08 AgendaVCO LFinal West GC.doc SCHEDULE"A" CHANGE ORDER NO. 1 /FINAL WEST CONSTRUCTION, INC. FIRE RESCUE STATION NO. 4 PROJECT NO #2006-016 1 Survey $12,960.00 2 BOND & INSURANCE $62,400.00 3 Project management/Supervision $129,600.00 4 PROJECT PHOTOS $1,440.00 5 TEMP. FACILITIES $7,560.00 6 INDEMNIFICATION $10.00 7 MOT $3,000.00 8 GENERAL CLEAN UP $5,040.00 9 6" LIMEROCK AT CONCRETE DRIVE $19,200.00 LO CLEAR GRUB $12,000.00 L1 EARTHWORK INC. GRADE $26,208.00 L2 STABILIZED SUBGRADE $8,414.00 L3 SOIL TREATMENT $1,050.00 L4 SILT FENCE $1,200.00 L5 UTILITIES $95,000.00 L6 LIFT STATION install $20,000.00 L7 LIFT STATION test $5,000.00 L8 ASPHALT PATH $20,093.00 L9 IRRIGATION $12,924.00 20 STRIPING $1, 284.00 21 D CURB $10,260.00 22 CONCRETE SIDEWALKS $6,190.00 23 PAVERS $4,950.00 24 BIKE RACK $600.00 25 TRASH RECEPTACLE $1,440.00 26 CONCRETE PARKING $52,285.00 27 CONCRETE PARKING FINISH/SAW CUT EXPANSION $30,000.00 28 MONUMENT SIGN $600.00 29 LANDSCAPE AND TREE RELOCATE $42,000.00 30 SOD $8,550.00 31 SLAB ON GRADE $180,000.00 32 FOOTINGS $30,000.00 33 BEAMS, COLUMNS $33,000.00 34 CONCRETE FINISH $38,400.00 35 CMU $50,400.00 36 STRUCTURAL STEEL $25,000.00 37 STAIR NOSING $2,400.00 38 BLOCKING $4,800.00 39 ROOF CURB FRAMING $720.00 10 SHEATHING $16, 200.00 11 WOOD TRUSSES $67,320.00 12 ROUGH CARPENTRY $8,273.00 13 CLOSET POLES AND BRACKETS $11,400.00 14 MILLWORK $63,600.00 15 WATERPROOFING $5,500.00 16 ROOF INSULATION $19,800.00 17 METAL ROOFING $100,000.00 18 ROOF DRY IN $5,000.00 19 FLAT ROOF $10,000.00 i0 ROOF HATCH $6,000.00 i 1 CAULKING $3,000.00 i2 H.M. DOORS, FRAMES HARDWARE $48,000.00 i3 ACCESS DOORS $2,400.00 i4 OVERHEAD DOORS $34,100.00 i5 STOREFRONT GLASS AND GLAZING $18,300.00 SCHEDULE"A" CHANGE ORDER NO. 1 /FINAL WEST CONSTRUCTION, INC. FIRE RESCUE STATION NO. 4 PROJECT NO #2006-016 SHUTTERS $7,200.00 LATH AND PLASTER $66,000.00 METAL STUD, DRYWALL AND FINISH $59,000.00 TILE $22,900.00 ACOUSTICAL SYSTEM $4,300.00 EPOXY FLOOR $3,800.00 CARPET AND RUBBER FLOORING $14,750.00 PAINT $25,500.00 LOUVERS $6,000.00 FLAGPOLE $3,500.00 SIGNAGE $16,800.00 METAL LOCKERS $7,800.00 FIRE EXTINGUISHERS $750.00 OPERABLE PARTITION $5,500.00 MIRROR AND TOILET ACCESSORIES $6,400.00 Equipment $0.00 LAUNDRY EQUIPMENT $18,000.00 FOOD SERVICE EQUIPMENT $31,200.00 PLUMBING ROUGH $50,000.00 PLUMBING FIXTURES AND TRIM $25,600.00 FIRE SPRINKLER $38,000.00 HVAC UNDERGROUND ROUGH $12,000.00 HVAC BUILDING ROUGH $89,000.00 HVAC FINISH AND TRIM $10,000.00 HVAC EQUIPMENT Deliver $30,000.00 HVAC EQUIPMENT INSTALL $15,000.00 ELECTRICAL UNDERGROUND ROUGH $50,000.00 ELECTRICAL BUILDING ROUGH 1st Floor $125,000.00 ELECTRICAL BUILDING ROUGH 2nd floor $25,000.00 ELECTRICAL SITE LIGHTING $18,000.00 ELECTRICAL GENERATOR NATURAL GAS) $55,000.00 ELECTRICAL FIXTURES AND TRIM $45,904.00 ALTERNATE 3, ADD PEDESTAL FLASHER, MAST ARM $40,000.00 ALTERNATE 4, 2" CONDUIT FOR FLASHER $4,500.00 OWNER ALLOWANCE $75,000.00 Contract Award Amount 2 392 275.00 SCHEDULE"A" CHANGE ORDER NO. 1 /FINAL WEST CONSTRUCTION, INC. FIRE RESCUE STATION NO. 4 PROJECT NO #2006-016 Plan Deviation Requisitioned Description Added value By: 1 Architect Additional steel reinforcing at outside trench drain $1,178.10 2 Architect RFI # 14- Upgrade wiring from 20 amp to 30 amp $636.11 3 Bldg. Dept. Add for monument sign light fixtures $8,183.79 4 Architect Electrical rev. 2/18/08 Overhead Door (6) 3 position switches $20,427.11 5 Bldg. Dept. Lower drainage structure D1 to reflect revised elevation $428.00 6 Fire Dept. Add 600 amp transfer switch for Backup to Generator $12,861.42 7 Architect ADD/DELETE CABINETS IN RM.103 $318.09 8 Fire Dept. Extended the lineal footage for overhead power pulls $322.75 9 Bldg. Dept. 83 additional fire sprinkler heads and piping required per NFPA code roof joist location $20,964.83 10 Fire Dept. Add (2) Air filtration contamination units with controls in Corridor 105 & 114 $8,346.57 11 Fire Dept. MOSCAD Fire Station Alerting System speakers, antennas and volume controls $15,100.03 12 Bldg. Dept. Additional Smoke & Carbon dioxide detectors Fire alarm work $8,812.22 13 Architect Add for low voltage, feeders and controls to air scrubbers in apparatus bay $6,137.27 14 Fire Dept. Concrete parking lot including reinforcing steel in lieu of Asphalt parking $4,400.00 15 Fire Dept. Add for natural gas line to barbeque area 150 L/F of piping & acc $1,143.68 16 Bldg. Dept. Additional Floor file w/in living area/kitchen $1,835.43 17 Fire Dept. Stainless backsplash in kitchen $1,256.20 18 Bldg. Dept. Add address to monument sign Lake Ida rd. $558.38 19 Architect Additional Gutter and downspout per CSA detail Alleviates landscape washouts $6,837.30 20 Fire Dept. Misc. electrical adds(overide switches) rewire Bunks) override motor switches $3,076.98 Original Contract Award $2,392,275.00 Modifications Less Contract Allowance Amount $47,824.24 Final Contract to Date $2,440,099.24 Change Order No. 1 NET ADD/FINAL $47,824.24 2.00% MEMORANDUM TO: Mayor and City Commissioners FROM: Victor Majtenyi; Deputy Director of Public Utilities Richard C. Hasko, P.E.; Director of Environmental Services Department THROUGH: David Harden; City Manager DATE: December 8, 2008 SUBJECT: AGENDA ITEM 8.F. -REGULAR COMMISSION MEETING OF .TANUARY 6, 2009 CONTRACT ADDITION (C.O. NO. 1)/DELTA PETROLEUM & INDUSTRIAL INC. ITEM BEFORE COMMISSION Request approval of a contract addition (Change Order #1) to Delta Petroleum and Industrial, Inc. in the amount of $15,229.00 for connecting the recently installed emergency generator at the Police Department to the existing underground diesel tank. BACKGROUND A new 600kW emergency generator was installed at the Police Department (PD) last summer, July 2008. The unit was purchased in the prior year as apre-packaged unit with a 250 gallon diesel belly tank. In an effort to ensure the complete installation of the generator before the height of the 2008 hurricane season the installation work (mostly electrical) was performed by City forces. Rework and connection of any fuel piping required a licensed specialty contractor, therefore this work was deferred. The belly tank provided approximately 13 hours of operation, assuming a fuel consumption rate of 18 gallons/hour at 75% load. The existing fuel lines from the underground gasoline storage tanks (at the west side of the coumpound) to the fuel pumps at PD are single-walled pipe. Per Florida Department of Environmental Protection (FDEP), they are required to be upgrade to adouble-walled system by December 31, 2009. On October 7, 2008, the City awarded a contract to Delta Petroleum for upgrading the existing fuel lines to double-walled pipe. As a licensed contractor working on the premises, Delta Petroleum was asked to provide a quote for connecting the new generator to the existing 2,000 gallon underground tank. They submitted a quote in the amount of $15,229.00. The scope of work includes furnishing and installing a 50 gallon transfer (day) tank (to transfer fuel from the underground fuel tank into the generator's fuel tank) and installing new double-walled fuel lines to & from the existing tank. Completion of this work would allow continuous operations of approximately 111 hours at 75% load before needing to refuel. FUNDING SOURCE Funding is proposed from account #334-6112-522-64.90, General Construction Fund (Public Safety)/Other Machinery and Equipment, in the amount of $15,229.00. RECOMMENDATION Staff recommends award of Change Order #1 to Delta Petroleum and Industrial, Inc. in the amount of $15,229.00 for connecting the recently installed emergency generator at the Police Department to the existing underground tank. CITY OF DELRAY BEACH CHANGE ORDER TO ORIGINAL CONTRACT CHANGE NO. 1 (Contract Addition) PROJECT N0.2(}09-0211 DATE: PROJECT TITLE: Police Department Fuel Piping Upgrade Project TO CONTRACTOR: Delta Petroleum and Industrial, Inc. YOU ARE HEREBY REQUESTED TO MAKE THE FOLLOWING CHANGES IN THE PLANS AND SPECIFICATIONS FOR THIS PROJECT AND TO PERFORM THE WORK ACCORDINGLY, SUBJECT TO ALL CONTRACT STIPULATIONS AND COVENANTS. JUSTIFICATION: To the original scope of work, add the following: Connect the Police Department's emergency backup generator to the existing underground diesel fuel tank, as quoted per the attached document dated Decernber 11, 2009. SUMMARY OF CONTRACT AMOUNT ORIGINAL CONTRACT AMOUNT $21,810.00 COST OF CONSTRUCTION CHANGES PREVIOUSLY ORDERED $ 0.00 ADJUSTED CONTRACT AMOUNT PRIOR TO THIS CHANGE ORDER $21,810.00 COST OF CONSTRUCTION CHANGES THIS ORDER $_15,224.00 ADJUSTED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER $37,039.00 PERCENT INCREASE THIS CHANGE ORDER 59.8% TOTAL PERCENT INCREASE TO DATE 64.8% CERTIFIED STATEMENT: I hereby certify that the supporting cost data included is, in my considered opinion, accurate and that the prices quoted are fair and reasonable. Delta Petroleum and Industrial, Inc. {Contractor to sign & seal) TO BE FILLED OUT BY DEPARTMENT INITIATING CHANGE ORDER Funding is a~ai[able from.account: 334-6112-522-84.90 (General Construction Fund/ Other Machinery and equipment) DEPARTMENT Environmental Services DELRAY BEACH, FLORIDA by its City Commission REGOMM$ND: APPROVED: City Attorney FUNDING By: Mayor ATTEST: By: City Clerk S:lEng.4dminlProjects12009120°9-~2610FFiC19LIC0 f Peits Petroleum O1.0h 09-doc CERTIFIED BY Dec 11 OS 03:31 p Delia Petroleum M E M B E R ~~~ °~EUM ElLE11PMEi1`7llt'~ 561-840-1737 ~uaxArraly ANn co1vTR.3,cr DELTA PETRil1,EUM & INLlU5T1tIAL, INC. 1134 53rd Court North 'Vest Palm Beach, F'L 33447 Phone: (561} 840-1446 F`ax: {561} 844-1737 Email: Delta[agdeltapetroleum.net p.1 ~1 1,= Yage ~ of ~ Datz; DeCem~ber 11, 2008 Quotatic+.t # gg B~~$ Ta: City of Delray Beach Rerzrznce: Addensc. To P.4.# 655463 434 S. St~inton Ave. Delray. Beach, FI 33444 Atte Hatt: Sob Diaz Construction -MGR Paul De['.acxolis - Envizgr.~e~talist We are pieascrl [a submit this ouotation, based m~ flur interpretation of yoar requirement-, as ]ofiows: 1. fio frirnicl?. and ]nstall 1 -Simplex lVladel SRS5O Daytank 50-gallon capacity with double wall eontaitncl~ent complete with rexnate high/taw level alarnzs. ~ 5,56a.aD Plus labor tv install (Elect3ic by Others}: ~ 94O.DD 2. Breakout a section of the concrete slab over the e~ndergnound dileseI tank and penetrate the sump mounted on the ta_all: and run a xxew sezotion and rett~iR lice to the daytau.k using 3/-- C)PW double wall #lex pipe for the suction. Line and 1" DPW double wall flex pipe far the rett>nn.. E~-tEnd the lines ~ the new daytank nn the suction side of the system. Rein 3/k" & i" Mack imn pipe in the discharge side to the new above gn~und generator. Check out far proper aperatiog, backfill with peacock, anal reca~crete the trench and slab. Far the total of: $ 5,724,00 Total t>ost eat #kl Ss ~: ~15,$29.[3~ Note: Any required closure tQ be by City of Delray Beach Enviranxaental Dept. 7Fie Petroleum Equilrmenf industsy is currently eaperienring price valafilil}r e~ products Because of marketfliretu~ions, theprices of thesepr©efucts are srrL,lertte sud!den, ~gnifeeurrlrfiunges gridfirmprices carsrxot Ere obt~rned from srtpplier~ If there is ors increu~`e tar the price o, f'produ[~s charged to the eontrac~ars s>vhsequen#to ntvlaiig thzsproposa~ thepricesetfordr xrd beincreasedto reflect the ad~;~onul east to the eontra~or. We xrJl submit x~rittets dorumentabinrs of die increased charges. P4YhfENT TERMS- Ne# 30 ~ uP~ iaavoice ACCEPTANCE: This proposal. when ace¢pred by the Purchaser, and final approval of sehers l7fficiai Officer, wi11 con stitu tea bona- €ide contract beaveen us, subject to all terms and conditions on the reverse side. It is expressly agreed ihet there are no promises, agreemznis, or understandings, oral or vari`ten, rat spec+tied in this proposal. Company Ivatn~ Print name of signature and tjt':e hate ~.~°5 . Sales Representative elt Ac lance ` ~ S e of Officer ~ 1 a title date Sales A~Igr. Cred[t ttgr. 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: December 12, 2008 SUBJECT: AGENDA ITEM 8.G. -REGULAR COMMISSION MEETING OF .TANUARY 6, 2009 RESOLUTION NO.O1-09/ALTERNATIVE WATER SUPPLY GRANT/SOUTH FLORIDA WATER MANAGEMENT DISTRICT (SFWMDI ITEM BEFORE COMMISSION This item is before the Commission to approve the 2008-2009 Alternative Water Supply Grant Agreement with the South Florida Water Management District (SFWMD), providing grant funding in the amount of $1,118,000 for the construction of the Area 11 Reclaimed Water System Project -Phase A Project #2008-048. BACKGROUND The City has completed Areas 1, 2, 3, and 4 as identified in the Reclaimed Water Master Plan (adopted in 2003). The next area identified for supplying reclaimed water is Area 11, more specifically identified as the section on the Barrier Island north of Atlantic Avenue. The Area 11 reclaimed system will be designed as one project, however, due to the size of the project, construction will be split over two years. Hence, Area 11 will be subdivided into two areas, 11A and 11 B, respectively. Area 11A includes construction of the transmission system from the pump station (at NE 3rd St/NE 4th Ave) east to the Intracoastal, crossing at NE 1st St, and expanding the transmission/distribution system from Lowry St north to Sea Spray Avenue. Area 11B involves expanding the system from Beach Drive north to George Bush Blvd. The City has been successful in its pursuit of SFWMD grant funding in conjunction with the District's Alternative Water Supply Grant program over the past four years to help fund our reclaimed water transmission system expansion. This is the first phase of the Area 11 system expansion which, when complete, will provide reclaimed service between Atlantic Avenue and George Bush Blvd. Phase 11A will generate approximately 0.234 mgd of additional reclaimed water demand which will reduce demand on the City's drinking water system by an equal amount. On May 20, 2008, Commission approved submission of a grant application to the SFWMD. On September 29, 2008, the City received notification from the SFWMD that the City was awarded funding in the amount of $1,118,000; at a 40% funding level. The notification letter is attached for your reference. The next step in the grant process is to execute the grant agreement. Staff will start the bidding process in January, 2009 and construction will be complete by August, 2009. FUNDING SOURCE Funding for the City's portion of the project cost is available from #441-5181-536-65.96 (Water/Sewer Fund/Other Improvements/Reclaimed Water Transmission). RECOMMENDATION Staff recommends approval of the 2008-2009 Alternative Water Supply Grant Agreement with the South Florida Water Management District, providing grant funding in the amount of $1,118,000 for the construction of the Area 11 Reclaimed Water System Project -Phase A. RESC3LUT1®tJ N®. 01-09 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, APPROVING THE SFWMD 2008-2009 ALTERNATIVE WATER SUPPLY FUNDING PROGRAM AGREEEMENT AND AUTHORIZING THE EXECUTION OF THE AGREEMENT. WHEREAS, THE City of Delray Beach, Florida desires to approve the SFWMD 2008-2009 Alternative Water Supply Funding Program Agreement; and WHEREAS, the City Commission authorizes the execution of the Agreement. NOW, THEREFORE, BE 1T RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: herein. Section 1. That the recitals set forth above are incorporated as if fully set forth Section 2. The City Commission of the City of Delray Beach authorizes the entry into the SFWMD 2008-2009 Alternative Water Supply Funding Program Agreement and authorizes the execution thereof by its Mayor. PASSED AND ADOPTE® in regular session on this 6t~' day of January, 2009. MAYOR ATTEST: City Clerk December 10, 2008 Mr. Richard Hasl<o, P.E. Director of Environmental Services City of Defray Beach X34 South Swinton Ave. Defray Beach, FL 3344 Dear Mr. Haso: Subject. Contract # ~6000fl1677 FY20~9 AV-JS -Project #LEC-86 Please find enclosed two (2} copies of the subject document. Please have them signed by an individual with signature authority on behalf of your organization. Please include documentation to demonstrate official delegation of signature authority up to the contract monetary limits. Please return both copies to my attention, along with, if applicable and not previously submitted, a Certificate of Insurance reflecting the required coverages}. Do not date the documents, a fully signed document will be returned to you upon execution by the South Florida Water Management District (District}. Note that this document is not binding on the parties until it is approved by the appropriate level of authority within the District and executed by both parties. Your cooperation and timely response will be greatly appreciated. Should there be any questions, ar if you require any additional information, please contact me. Sincerely, ~~.~ ~, p.• _~ .~~.f[~ - -. ._~, Bernadette Harrison Contract Specialist Procurement Department bharriso@sfwmd.gov (561 } 682-6378 FAX: {661 } 681-6275 BH Ijcs Enclosure c: Stacey Adams MSC-4362 3301 Gun Club Poad, West Pahn Beach, Pl.nrida 33406 ~ (5fi~) 656-8800 ~ Pl WAT51-800-432-2045 Mailing Address: P. O. $ax 24680, West Pahn Beac3~, FL 33416-4680 ~ cnrww?sfwmd.gov ~~P ~ w °h; SC3UTII FL~RII)A WATER MAI~TAGEMEllTT 13ISTRIC'T ~` ~`"`~`~ _ ~ ~, 204 - 2049 AL'I'ERI~ATI'V"E WATER SUPPI..Y ~ ~` ' .~ i FUl®TDING PRIG-RAM Recipient: City of Delray Beach Recipient's Project Manager: Richard Hasko, P.E. Director of Environmental Services Address; 434 South Swinton Avenue Delray Beach, FL 33444 Telephone No: (561) 243-7336 Fax No: (561) 243-7060 Agreentenf N~zin>?er: ~600U01G77 ~Yo~~ernir~g Hoard App~•otTal ~3ate: ,Scg~tenl~er 11, 2D{l~3 Distx•ict Funtlingx~rrta~r~#: X1,118,{}~[) I Cron#ract T~rrx~; ~ctol~c~r 1, 200$ - ~cl;t~~n~hcr 31}, 2t1(.ly SFWMD Project Manager: StaceyAdazx~s Telephone No.: (561) 682-2577 E-mail Address: sadanls@sfwmd.gov Fax No.: (561) 682-2027 Contract Specialist: Sharman Rase Telephone No.; (561) 682-2167 Fax Na.: (561)682-5I17 Address: 3301 Gun Club Road West Palrr~ Beach, FL 33406 Insurance: Not A licable '~ Federal Em to er Ydeerti~cation Number: 59-600308 --- Project Title: F"~.'2009AWS -Project # LEC-~6 Description: Area 1.1 Reclaimed Water System -Phase A f Agreea~aent No. 4600001677, Paga ~ of 1 l This Agreement is entered into between "the Parties," the South Flarida Water Management District, the "District", and the undersigned party, hereinafter referred to as the "Recipient." The Recipient warrants and represents that it has no obligation or indebtedness that would impair its ability to fulf 11 the terms and conditions of this Agreement, and shall abide by all legal, financial and reporting requirements, such as matching funds and final reports for all funding received by the Recipient from the District. ARTICLE ~ - PROJECT 1.1 The Recipient shall, to the satisfaction of the )District, fully al~d timely construct and perform all warlc items described in the "Statement of Work," attached hereto as Exhibit "A", hereinafter referred to as the "Project", and made a part of this Agreement. 1.2 As part of the deliverables to be provided by the Recipient under this Agreement, the Recipient shall substantiate, in whatever form reasonably requested by the District, any supporting docurnentatiari utilized as a basis for payment by the Distract. This paragraph shall survive the expiration ar ter~~nination of this Agreement. 1.3 Attached to this Agreement are the following exhibits which are incorporated herein: Exhibit A Statement of Work Exhibit B Payment and Deliverable Schedule Exhibit C Status Report Exhibit D Final Project Summary Tteport Exhibit E Federal/State Funding kesources ARTICLE 2 -- TERM OF THE AGREEMENT 2. I The period of performance of this Agreement shall be the dates Hated on the first page of this Agreement. 2.2 The Parties agree that time is of the essence in the perfor~x~a~~ce of each and every obligation under this Agreement. ARTICLE 3 - COMI'ENSATIC)N /CONSIDERATION 3.1 As consideration for the Project required by this Agreement, the District shall pay tl~e Recipient the funding amount as specified on page one of this Agreement. Such amount is not to exceed the specified amount and therefore, no additional consideration shall be authorized. The Recipient shall provide at least sixty percent (60°/a) or ~r~ore of the Project's constructioa~ cost, unless a different amount is authorized pursuant to Florida Statutes s. 373.19& 1(3)(e). Payment will be made by the District for work authorized and completed between. October 1, 2008 and August 3I, 2009. The District will not reimburse the Recipient for work that commences prior to the start date of the Agreement or for work completed after August 31, 2009. Agree~nen€ No, 4600001677, Page 2 of 11 3.2 The Recipient assumes sole responsibility for all work which is performed pursuant to Exhibit "A". By providing funding hereunder, the District does not make any warranty, guaranty or any representation whatsoever regarding any of the work performed hereunder, including but not limited ta, the adequacy or sufficiency of all or any part of work described in Exhibit "A". 3.3 The Recipient hereby agrees not to use District funding for any work associated with the research, design and permitting aspects of the Project. District funds shall only be used far the construction activities described in Exhibit "A". 3.4 The ~tecipient agrees to reimburse the District funds provided through. this Agreement for facilities {i.e., test/production wells, etc.) that do not become an operational component of the overall alternative water supply facility within the timefra~~ne established in the proposal. Notwithstanding anything in this Agreement to the contrary, this paragraph shall remain in full force and effect for twenty {20} years from the date of contract execution. 3.5 Notwithstanding any provisions of this Agreement to contrary, the District reserves the right, without fnancial ar other penalty or obligation, to (1}cancel this Agrecrnent and for (2) reduce the amount of funding to be provided by the District pursuant to this Agreement in the event that the District does not receive all ar any state appropriation for alternative water supply from the State of Florida as provided in the State's 2009 fiscal year budget (HB 5001/Ch. 2008-152, Laws of Florida}. ARTICLE 4 -- FUNDgN~ PAYMEl~1TS Al`iD REPORTING 4.1 The District shall make payment to the Recipient upon completion and acceptaa~ce of the deliverable(s) as described in the "Summary Schedule of Tasks and Deliverables", attached hereto as Exhibit "B". On or before December 31, 200$; March 31, 2009; and June 30, 2009, the Recipient shall provide a completed Project Status Report attached hereto as Exhibit "C". Concurrent with delivery of each Project Status Report, the Recipient shall submit a reimbursement request upon completion of each Task. In addition, on or before August 31, 2009, the Recipient shall provide a completed Project Summary Final Report, attached hereto as Exhibit "D". Concurrent with delivery of the final deliverable(s), the Recipient shall provide certification that all construction has been completed in accordance with Exhibit "A" of this Agreement. 4.2 The Recipient's invoice(s) shall reference the District's Agreement Number and shall be sent to the following address: South Florida Water Management District ATTN: Accounts Payable PO Box 24682 West Palm Beach, FL 33416-4682 The Recipient shall not submit an invoice to any other address at the District. In order to expedite the invoice review anal approval process, the R.esepient shall also submit a copy of each invoice to the Project Manager. The l2ccipient's reimbursement request shall contain the backup documentation required (e.g., the request shall include, but is not Agseeme~t No. 4b00001677, Page 3 of I I limited to, a copy of Recipient's invoice (include the District's Agreement Number and P.Q. number), signed certification letter on Recipient's letterhead {signed by an authorized representative of the Recipient), Taslcs completed per the Agreement (if all Tasks axe finished, a statement indicating that the Project is completed per the Agreement} and vendor invoiceslapplication for payment) fox the Project Manager to ascertain that each deliverable in the invoice has been substantially complete. The Recipient shall submit the final reimbursement request and Exhibit "D" no later than August 31, 2009. Failuxe of the Recipient to follow the instructions set forth in the Agreement regarding a proper invoice and acceptable services and/or deliverables may result in an unavoidable delay in payment by the District. 4.3. Upon completion of the Project, any data that was generated during the performance of the Project shall be submitted to the District upon request. New Well Construction Pro'ects: For projects involving construction. of new wells, the Recipient shall: 1. Subtnii design of well construction and testing programs to the District for review and comment prior to implementation. The Recipient shall integrate the District's corrzments into the final testing plan where feasible. 2. Submit all pertinent well information collected during well construction and testing (i.e., depths, cuttings descriptions, geophysical logs, aquifer test data, etc.}, as available. Submissions shall be provided electronically as specified by the District. 3. If the final location of the well{s) varies from the original location specified in the Consumptive Use or other permit ar permit applications, the 1<Zecipient shall provide the Project Manager with written proof that the appropriate pertnitting agency contact is aware of and agrees with the changes. The data shall be archived in the District's permanent database and available to the public. Please contact Emily Richardson {561) 682-6824, F?.mily'.Richardsont~sfwmd.~,ov, for instructions on submitting data. 4.4 The Recipient shall provide to the District regular Project status reports (Exhibit "C") quarterly by December 31, 2008; March 31, 2009; and dune 30, 2009. Reports shall provide detail on the progress of the Project, amounts expended to date per Task a~~d outline any potential issues affecting Project completion ox overall schedule. Exhibit "C" shall be submitted to the District Project Manager via e-mail by the specified due date. In the event actual construction costs are less than the not-to-exceed amount for a particular Task stated in Exhibit "B", tlxe Recipient will have the right to apply the unexpended balance toward another Task. The Recipient shall provide prior written notice of its decision to exercise this right. If the Recipient does not exercise this right, the Recipient agrees to amend the contract to revise the not-to-exceed amount to the lower construction cost. In no event, shall the District's total obligation exceed the amount specified in Exhibit "B" far this Agreement. Agreement No. 46000016'7'7, Page 4 of 1 l ARTICLE ~ - C®NTRACT MANAGEMENT 5.1 The Parties shall direct all matters arising in connection with the performance of this Agreement to the attention of the Project Manager for attempted resolution or action. The Project Manager shall be responsible for overall coordination and oversight relating to the performance of this Agreement. 5.2 All notices, demands or other communications regarding this Agreement, other than those set forth in paragraph 4.2 above, shall be in writing and forwarded to the attention of both the Project 1Vlanager and the Contract Specialist noted on the first page of this Agreement by certified rrzail, return receipt requested. 5.3 Should either Party change its address, written notice of such new address shall promptly be sent to the other Party. 5.4 All correspondence to the District under this Agreement shall reference the District's Agreement Number. ARTICLE 6 -TERMINATION 1 REMEDIES 6.1 It is the policy of the Distriet to encourage good business practices by requiring Recipients to zxzaterially perform in accordance with the terms and conditions of the Agreement. In accordance with Chapter 40E-7, Part II of the Florida Administrative Code, "Material Breach" is defined as any substantial, unexcused non-perforzxzance by failing to perform an act that is an important part of the transaction or performing an act inconsistent with the terms and conditions of the Agreeaxzent. If the Recipient materially fails to fulf 11 its obligations under this Agreement, the District will provide written notice of the deficiency by forwarding a Cure Native citing the specific nature of the material breach. The Recipient shall have thirty (30} days to cure the breach. If the Recipient fails to cure the breach within the thirty {30} day period, the District shall issue a Termination for Default Notice. Once the District has notified the Recipient that it has materially breached its contract with the District, by sending a Termination for Default Notice, the District's Governing Board shall determine whether the Recipient should be suspended from doing future work with the District, and if so, for what period of tune. The District's Governing Board will consider the factors detailed in Chapter 40E-7, Part 11 of the Florida Administrative Code in making a determination as to whether a Recipient should be suspended, and if sa, far what period of time. Should the Distriet terminate for default in accordance with this provision, the District shall be entitled to recover pracurerrzent costs in addition to a1I other z•enrzedies under Iaw and/or equity. b.2 The District may terminate this Agreement at any time for convenience upon thirty (30} calendar days prior written notice to the Recipient. The performance of work under this Agreement may be terminated by the District in accordance with this clause in whole, or from time to time in part, whenever the District shall determine that such terzxzination is in the best izxterest of the District. Any such termination shall be effected by delivery of a Notice of Termination to the Recipient, specifying the extent to which performance of work under the Agreement is terminated, and the date upon which such termination Agreement No. 46QOQOtb77, Page 5 of 1.1 becomes effective. In the event of termination, the District shall compensate the Recipient for all authorized and accepted work performed through the termination date. The District shall be relieved of any and all future obligations hereunder, including but not limited to, lost profits and consequential damages under this Agreement. The District may withhold all payments to the Recipient for such work until such time as the District determines the exact amount due to the Recipient. 6.3 In the event a dispute arises, which the Project Managers cannot resolve between themselves, the Parties shall have the option to submit to non-binding mediation. The mediator or mediators shall be impartial, shall be selected by the Parties, and the cost of the mediation shall be borne equally by the Parties. The mediation process shall be confidential to the extent permitted by law. 6.4 Notwithstanding anything ip this Agreement to the contrary, the District reserves the right to terminate this Agreement immediately without notice in the event any of the representations captained in the Recipient's Project proposal are found to be false ar if the Recipient fails to complete the construction and performance of all work items described in T/xhibit A, Statement of Work. ARTICLE 7 - RED'®RDS RETE1~iT;lOI®1 7.1 The Recipient shall maintain records and the District shall have inspection and audit rights as follows: A. Maintenance of Records. The Recipient shall maintain all financial and nonWfinaneial records and reports directly or indirectly related to the negotiation or perfor~~nancc of this Agreement, including supporting documentation for any service rates, expenses, research or reports. Such records shall be maintained and made available for inspection far a period of five (5} years from completing performance and receiving final paymment under this Agreement. B. Examination of Records. The District or designated agent shall have the right to examipe in accordance with generally accepted governmental auditing standards all records directly or indirectly related to this Agreement. Such examination may be made only within five (5} years from the date of final payment under this Agreement and upon reasonable notice, tune and place. C. Extended Availability of Records, for L,egal.._I~i~utes. In the event the District should becopae involved in a legal dispute with a third party arising from performance under this Agreement, the Recipient shall extepd the period of maintenance for all records relating to this Agreement until the final disposition of the Iegal dispute. All such records shall be made readily available to the District. D. Periodic Audits. The District shall perform audits periodically to ensure fiurding objectives are being met. 7.2 Whenever the District's contribution includes state or federal appropriated funds, the Recipient shall, in addition to the inspection and audit rights set forth in Article ~. l above, maintain records and similarly require each subcoptractor to maintain and allow access to flgreement No. 4600001677, Page 6 pf I I such records in coz~pliance with the requirements of the Florida State Single Audit Act and the Federal Single Audit Act, as follows: A. Maintenance of Records: The District shall provide the necessary information to the Recipient as set forth in Exhibit "E." B. The Recipient shall maintain all Financial/non-financial records through: (1) Identification of the state or federal awarding agency, as applicable (2) Project identification information included in the Catalog of State Financial Assistance (CSFA) or the Catalog of Federal Financial Assistance (CFDA), as applicable (3) Audit and accourttabilzty requirements for state projects as stated in the Single Audit Act and applicable rules of the Executive Office of Governer, rules of the Chief Financial Officer and rules of the Auditor General and the State Projects Compliance Supplement (~) Audit/accountability requirements for federal projects as unposed by federal laws and regulations (5) Submission of the applicable single audit report to the District, as completed per fiscal year C. Examination of Records: The District or designated. agent, the state awarding agency, the state's Chief Financial Officer and the state's Auditor General and/or federal awarding agency shall have the right to examine the Recipient's financial and non- financial records to the extent necessary to monitor the Recipient's use o~ state ar federal financial assistance and to determine whether timely and appropriate corrective actions have been taken with respect to audit findings and recommendations urhich may include onsite visits and limited scope audits. ARTICLE ~ - STAll~DARDS ®F COMPLIANCE 8.1 The Recipient, its employees, subcontractors ar assigns, shall comply with all applicable federal, state and local laws and regulations relating to the performance of this Agreement. The District undertakes na duty to ensure such compliance, but will attempt to advise the Recipient, upon request, as to any such laws of which it has present knowledge. 8.2 The laws of the State of Florida shall govern all aspects of this Agreement. In the event it is necessary for either party to initiate legal action regarding this Agreement, venue shall be in the Fifteenth Judicial Circuit for claims under state law and in the Southern District of Florida for any claims, which are justifiable in federal court. 8.3 The Recipient shall allow public access to all Project documents and materials in accordance with the provisions of Chapter 119 of the Florida Statutes. Should the Recipient assert any exemptions to the requirements of Chapter 119 and related Statutes, the burden of establishing such exemption, by way of injunctive or other relief as provided by Iaw, shall be upon the Recipient. Agreement No. 4604001677, Page 7 of i l 8.4 Pursuant to Section 21b.347 of the Florida Statutes, the Recipient is prohibited from the expenditure of any funds under this Agreement to lobby the Legislature, the judicial branch ar another state agency. $.5. The Recipient has obtained, at its sole expense, all necessary licenses, authorizations and permits from the appropriate private party ar federal, state, municipal ar local agency, and other governmental approvals, prior to commencing performance of this Agreement. A delay in obtaining permits shall not give rise to a claim by the Recipient for additional compensation. if the Recipient is unable to obtain all necessary permits in a timely manner, either party rr~ay elect to terminate this Agreement, each party to bear its own casts, notwithstanding other provisions of this Agreement to the contrary. The Recipient agrees to comply with the terms and conditions of all permits. 8.6 The Recipient hereby assures that no person shall be excluded on the grounds of race, color, creed, national origin, handicap, age or sex, from participation in, denied the benefits of, or is otherwise subjected to discrimination in any activity under this Agreement. The Recipient shall take all measures necessary to effectuate these assurances. 8.7 Pursuant to Section 287.133 of the Florida Statutes, a person or affiliate who has been. placed on the convicted vendor list may not submit a bid, proposal, or reply to a request to provide any goods or services related to the construction of the Project contemplated herein. Recipient also assures that it is not on the District's Suspension of Contractors List. Recipient agrees to include a provision to this effect in all requests far proposals and. subcontracts related to construction of this Project. 8.8 A Recipient who operates a public water supply utility shall, by June 1, 2009 adopt a rate structure that will promote the conservation of water and progrrote the use of water from alternative water supplies and shall provide the District with a copy of such adopted rate structure on or before August 31, 2009. 8.9 Recipient of funds for a reuse project shall provide a status report by August 31, 2009 addressing the following issues: (1) accounting of reclaimed water usage and method used (meters, etc.); (2) all rates and charges for reclaimed water; (3) the status of implementing public education programs to inform the public about water issues, water conservation and the importance and proper use of reclaimed water; and (4) providing the District with the location of each reuse facility awned by the Recipient. 8.10 This paragraph shall remain in full force and effect for twenty (20) years from the date of contract execution. After construction is completed on the Project, the Recipient shall continuously operate the Project as described in the Project proposal and. consistent with the applicable water use permits}. In the event the Project is not operated or conrapleted in accordance with these requirements, the Recipient, if requested by the District, agrees to reimburse the amount of funding the Districf provided to this Project. This amount may be prorated based on the number of years the completed Project is operated using an assumed project life of 20 years. Furthermore, the District may cease funding for this Project and any future projects proposed by the Recipient. All other provisions of this Agreement shall terminate on September 34, 2009. Agreement No. 46[!000 I677, Page 8 of 3. ] $.11 Recipient shall i~~nplement a public education program to inform the public about the environmental and other public benefits of the Alternative Water Supply Project and shall provide the District with a copy of such public education program on or before August 31, 2409. ARTICLE 9 _ INDEll~INTFICATI®N AND INSURANCE 9.1 Foa~ value received, which is hereby acknowledged, the Recipient shall, subject to the limits permitted in Florida Statute 768.28, defend, indemnify, save, and hold the District, its officers, directors, board members, agents, assigns, aa~d employees harmless from liabilities, damages, losses, and costs, including but not limited to reasonable attorney's fees, to the extent caused by the negligence, recklessness or intentionally wrongful cartduct of the Iteeipient and other persons employed or utilized by the Recipient in tl~e performance of the Agreement. The District shall have the right to approve counsel selected by the Recipient to defend the District in the event the District is named in any legal action. Pursuant to section 768.28, Florida Statues, nothing herein. shall require Recipient to be liable for intentional or reckless acts or for actions committed in bad faith or malicious purpose or in a ~r~anner exhibiting wanton and willful disregard of human rights, safety, or properly. However, nothing coa~tained herein shall constitute a waiver by the Recipient of its sovereign immunity or the provisions of F.S. 768.28. The Recipient further acknowledges that it is solely responsible for ensuring its compliance and the compliance of its subcontractors, suppliers, agents, assigns, invitees and employees with the terms of this Agree~x~ent. This paragraph shall starvive the expiratioa~ oa• teranination of this Agreement. ARTICLE 10 - RELATI®NSHIP BETWEEN THE PARTIES 10.1 The Recipient shall be considered an independent contractor and neither party shall be considered an eanployee or agent of the other party. Nothing in this Agreement shall be interpreted to establish any relationship other than that of an independea~t contractor between the parties and their respective employees, agents, sL~bcontractors, or assigns duria~tg or after the performance of this agreement, Bath parties axe free to enter into contracts with other parties for siaxailar services. 10.2 The Recipient shall not assign, delegate or otherwise transfer its rights and obligations as set forth in this Agreement without the prior written consent of the District. Any attempted assignment in violation of this provision shall be null and void. 10.3 It is the intent and understanding of the Parties that this Agreement is solely for the benefit of the Recipient and the District, No person or entity other than the Recipient or the District shall have any rights or privileges under this Agreement in any capacity whatsoever, either as third party benef ciary or otherwise. Agreement ?~o. 4600001577, Page 9 of 11 AR'TIGLE 11- GE1®IERAI. PR®VISI~~IS 11.1 Notwithstanding any provisions of this Agreement to the contrary, the Parties shall not be held liable for any failure ar delay in the performance of this Agreement that arises from fires, floods, strikes, embargoes, acts of the public enemy, unusually severe weather, outbreak of war, restraint of government, riots, civil cornzxxotion, force majeure, act of God or for any other cause of the same character, which is unavoidable through the exorcise of due care and beyond the control of the Parties. Failure to perform shall be excused during the continuance of such circumstances, but this Agreement shall otherwise remain in effect. This provision shall not apply if the Statement of Work, Exhibit "A" of this Agreement specifies that performance by the Recipient is specifically required during the occurrence of any of the events herein .mentioned. 11.2 Any inconsistency in this Agreement shall be resolved by giving precedence in the following order: (a) Terms and Conditions outlined in Articles 1-11 (b} Exhibit "A", Statement of Work (c} All other exhibits, attachments and documents specifically incorporated herein by reference 11.3 Failures or waivers to insist on strict performance of any covenant, condition, ar provision of this Agreement by the Parties, their successors and assigns shall not be deemed a waiver of any of its rights or remedies, nor shall it relieve the other Party from performing any subsequent obligations strictly in accordance with the terms of this Agreement. No waiver shall be effective unless in writing and signed by the Party against whom enforcement is sought. Such waiver shall be limited to provisions of this Agreement specifically referred to therein and shall not be deemed a waiver of any other provision. No waiver shall constitute a continuing waiver unless the writing states otherwise. 11.4 Should any term or provision of this Agreement be held, to any extent, invalid or unenforceable, as against any person, entity or circumstance during the term hereof, by farce of any statute, law or ruling of any forum of competent jurisdiction, such invalidity shall not affect any other term ar provision of this Agreement, to the extent the Agreement shall remain operable, enforceable and in full force and effect to the extent permitted by law. 11.5 This Agreement may be amended only with the written approval of the Parties. 1 l.b This Agreement states that all publicity/public awareness media shall be .jointly planned by the Recipient and the District and any and all materials, events, or endorsements arising out of this award shall require prior District approval. 11.7 This Agreement states the entire understanding and agreement between the Parties and supersedes any and all written ar oral representations, statements, negotiations or agreements previously existing between the Parties with respect to the subject matter of this Agreee~at. The Recipient recognizes that any representations, statezxxents or negotiations made by District staff do not suffice to legally bind the ]District in a contractual Agreement No. 4600001677, Page 10 of 11 relationship anless they have been reduced to writing and signed by an authorized District representative. This Agreement shall inure to the benefit of and shall be binding upon the parties, their respective assigns, and successors in interest. 11.8 This Agreement is subject to and governed by the provisions applicable to it contained in sections 373.0831 and 373.1961, Florida Statutes {2x04), as amended by Chapter No. 2005291 {SB 444, Laws of Florida). IN WITNESS WHEREOF, the Parties or their duly authorized representatives hereby execute this Agreena ent on the date written below. SOUTH FL®RIDA WATER MANAGEMEI®lT DISTRICT BY ITS GOVERNIl~TG BOARD By: Frank Hayden, Pr©curement Director Date: SFWIVID 1'raearemenE A~prnved: ~~ _ ~-~~ .. e ~-y° _~f` ~'~z' ~~. a. '~ ~i.,.~j.:~-C.,~,~~'fJi,.^~, Data: ~,~~. ~~, eri ` - Entity's Legal Nazx~e: By Authorized OfFieial: Printed Name: Title: Date: Agreement No. 460000I677, Page Y 1 of 11 .l'.r.[1i.~1131T fG A~)~~ 7 STATE1~El~T ®FE-~Yd ®RK Area 11 Reclaimed Water System (Phase A) City of Delray Beach A. IIl~TR®DUCTI®lV/1~ACKC~ROUI®1D The City of Delray Beach (City) has established new alternative water resoarce goals in conjunction with renewal of the City's water treatment plant water use permit. Implementation of a reclaimed water system will reduce demands on both the surficial aquifer and an the City's potable water system. The City's Reclaimed Water Master Plan completed in November 2003 identifies "Area 11" as the fourth phase of the City's total reclaimed water system, which will provide up to 0.234 mgd of additional reclaimed water use. The City plans to implement other phases of the Master Plan on a continual basis over the next five (S) years. The Reclaimed Water Master Flan is consistent with the City's comprehensive plan, which specif tally encourages mare reuse of effluent from the wastewater treatment plant. D. ®DJECT~VES The objective of this project is to implement the fourth phase of the reclaimed water system within the City of Delray Beach and to promote up to 0.929 mgd of additional reclaimed water use. C. SCOPE OF'6~VORK This project consists of construction of the Area l I - Phase A reclaimed water transmission and distribution system consisting of approximately 8,740 LI~' of b-inch, 3,150 LF' of 1 b-inch and 2,750 Lp' of 18-inch reclaimed water main, and associated valves and piping appurtenances to serve the Area 11 - Phase A residential neighborhood and two (2} City Parks. The project also includes modification of an existing in-line booster pump statian to serve the reclaimed water transmission system. D. ~V®RK BREAK.D®WN STR~TCTURE The work breakdown structure associated with this project is described below. Task 1: Recipient slxall submit to the project manager an electronic submittal of final project bid amaunt and/or vendor estimates for tasks to be completed in p'Y09. Die Date: Upon Contract Execution Tacit 2: Exhibit "C" -Status Report: Recipient shall submit to the project manager a status report summarizing progress made to date, issues of concern potentially affecting project performance, and any other information pertinent to the project. Due Date: December 31, 2008 Page 1 of 2, exhibit "~" to Agreement Na. 4600061.677 Task 3: Exhibit "C" -~ Status Re ort: Recipient shall submit to the project manager a status report summarizing progress made to date, issues of concern potentially affecting project performance, and any other information pertinent to the project. I)ue Date: March 31, 2009 Task 4: Exhibit "C" ---- Status Re art: Recipient shall subrr~it to the project manager a status report summarizing progress made to date, issues of concern potentially affecting project performance, and any other information pertinent to the project. Due Date: June 30, 2009 Task S: Recipient shall construct in-line booster pump station modifications. Die Date: Upon Completion Task b: Recipient shall construct 2,750 LF of 18-inch reclaimed water transmission main and associated valves and piping appurtenances. Due Date: Upon Completion Task 7: Recipient shall construct 3,150 Lp` of 16-inch reclaimed water transmission main and associated valves, piping appurtenances and 16-inch pipe restoration. Due Date: Upon Completion Task 8: Recipient shall construct 8,740 LF" of 6-inch reclaimed water distribution main and associated valves and piping appurtenances. Due Date: Upon Completion Task 9: Final Reimbursement Re uest and Project Summar Re ort Exhibit "D" :Recipient shall submit to the project manager the final reimbursement request package and Project Summary Report (Exhibit "D"). Due Date: August 31, 2009 Page 2 of 2, Exhibit "A" to Agreement No. 4600001677 I~XHI"1l~IT "S" SlTM1VIAR~' SCHEDULE ®F TASKS AI~1D DEL,I~ERABL]CS Delray Beach Area 11 Reclaimed Water System (Phase A} City of Delray Beach • The schedule set forth below is based an a one (1} year agreement from Octaber 1, 2008 to September 30, 2009. • All deliverables submitted hereunder are subject to review anal acceptance by the District Project Manager. Acceptability of all work will be based on the judgment of the District that the work is technically complete and accurate. • Payment shall be made following receipt and acceptance by the District of the Reimbursement Request Packages} in accordance with the schedule set forth below. The Recipient sha11 submit a reimbursement request upon completion of each Task noted below. 1f applicable, the Recipient shall submit a final reimbursement request for payment and Exhibit "D" no later than August 31, 2009. • Reimbursement Request Packages shall include, but not be limited to, a copy of the Recipient's invoice, signed certification letter for partial payment that the "1`ask(s} is (are} complete per the Statement of Work (SOW} or that the project is complete per the SOW, copies of vendor invoices, and any other documentation supporting payment. Reimbursement Request Packages shall adequately demonstrate completion of each Task in accordance with the SOW. • The District shall only be obligated to pay for documented actual FY2Q09 construction costs within the not-to-exceed amounts specified below. In the event actual construction casts by the Recipient are less than the not-to-exceed amount for a particular Task, the Recipient shall have the right to apply the unexpended balance toward another Task for this project. The Recipient shall provide prior written notice of its decision to exercise this right to the District Project Manager. 1a~ na eve~xt shall the District's total obligation exceed the amount specified beIaw for this Agreement; however, an actual construction cost less than the estimated construction cost may result in a reduced final payment. The Recipient is responsible for any additional funds either through local revenues, grants, other appropriations, and/or other funding sources. • Total payment by the District for all work completed herein shall oat exceed the amount of $1,118,000.00. 1f the total consideration for this Agreement is subject to multi-year funding allocations, funding for each applicable fiscal year will be subject to Governing Board budgetary appropriation. In the event the District does not approve funding far any subsequent fiscal year, this Agreement shall terrr~inate upon expenditure of the current funding, notwithstanding other provisions in this Agrcement to the contrary. Page 1 of 2, exhibit "B" to Agreement No. 460©007 677 12eiual~~trsement ' Task bequest l?as#~°ict i\~t- `do. Deli~•er•a~le(s} PaclLage( } Due I~c~ort I)ue Datc To-I.xceccl .. ~ Date Pa~riuent Electronic submittal of final project Upon Contraci 1 bid amount andlor vendor estizxzates NIA Execution2 NIA for tasks to be completed in FY09 2 Exhibit "C" -Status Report NIA December 31, 2008 NIA 3 Exhibit "C" _ Status Report NIA March 31, 2009 NIA 4 Exhibit "C" -Status Report `' NIA June 30, 2009 NIA Construct in-line booster pump Upon Tasle 5 station modifications/ Completion NIA $306,100 Reimbursement Request Package Construct 2,750 LF of 18-inch reclaimed water transmission znain Upan Task 6 ,and associated valves and piping Completion NIA X185,300 appurtenances/ Reimbursement Request Package Construct 3,150 Lp' of 16-inch reclaimed water transtnissi.on rr~ain 7 and associated valves piping ~ Upon Task NIA $240 500 appurtenances and 16 inch pipe Completion , restoratio~~/ Reimbursement Request Package ~ Construct 8,'740 LF of 6-inch reclaimed water distribution main Upon Task 8 and associated valves and piping Completion NIA $386,100 appurtenances/ Reimbursement Request Package ~ ._ Final Reimbursement Request Upon Project 9 Package & Project Stunmary Report " " Completion August 31, 2009 NIA {Exhibit D ) Total District Fundiu X1,1 i 8,000 Current Fiscal Year Construction Cost $2,794,900 Total Project Construction Cost $15,634,153 ' if applicable, interim Reimbursement Request Packages small. be submitted upon completion of the tasks} noted. above. Reimbursement Request Packages must be submitted no later than August 3l , 2009. z if construction bids and vendor estimates have not been completed upon execution of the Agreement, the Recipient shall submit this information as soon as it is available to the District Project Manager. Nate: If the project includes well drilling and testing, deliverables must include copies of all hydrogeologic data collected in the course of drilling and testing, in the District specified format. An elcetrnnic enpy of the District specified format is available via email. Contact the appropriate District Project Manager to request one. Page 2 of 2, T'xhibit "B" to Agreement No. 460000 ].6'7'7 Exhibit "~" Alternative Vlfater Supply Pr®gram Status Rep®rt To comply with the A'V11S Status Report requirements specified in your contract, this form shall be completed and submitted via a-mail to your South Florida Vllater Management ®istrict project manager, Please attach backup documentation {e.g., pictures, drawings, etc.i that will provide an understanding of project construction to date. Status Report -Quarter Name of Person Completing Form Contract Number Entity Name: Project Title: Proposal Number 1. Provide a brief description of project status. 2. What is the overall status of your project (check one}? ®n Schedule Behind Schedule? Explain why. Do you expect the project to be completed on time? 3. Actual Project Construction Cost Information - ®ate Amount Bid Document Final Contract (with Vendor Total Expended to ®ate Change ®rder(s) ^ 1 ^2^3 Date: PagE 1 of 2, L;xhibit "C" to Agr~einer~t No. 4600041677 .i.J ~_ ..~ W L L. ~+ ~• ~ ~ ~ ~ ~ ~ ~ ~ ~ N R3 $! c~ L +-~ U Qj ~F-~ ~.~y Al.l ~F+ X W ~_ _N N .~ ..C U N O .~ C) .r,. C C .~ O ..-. "L3 ,' O Q f U? D3 .~ U G q U ~ r V N tG f!1 l8 H '~'7 ~: ~ ~ . . ~G N 4Z _ ~~ ~ Ltd 1L ~. ~ ~ QZ ~ ~ f ""'" O N V N ~ ~ ' c~ ~ , ~ m ~ ~_ t fJJ ~ ~ ~ Z n O 0 0 0 ~t E~hlk9~t 6L~939 Project Title FY2009 Alternative Water Supply Final Project Summary 1~,epart Entity Project Manager SFWMD Contract Number Entity Project Owner Describe Project constructed _ W __. Quantity of Water Made Available ~ .._....__ Type of Alternative Water {MGD) Upon Completion of This Phase Construction Duration Supply Pre ased Actual Start Finish Cast for this phase {Phase refers fd the current l= 4~ ~x~ark) Proposed (this FY) I --- Actual (this FY) Total Construction Cost -This Phase $ $ District funding this phase b'und:ing l3~eakd€~wn for. this Ph~E $ $ Laval funds $ $ _ Other funding source From ~ $ $ TOTAL Attach map and photo(s) of project on CD, if available. The District will make funding payments only to reimburse for work completed between ®ctober 1, 2008 and August 3 ~, 2009. To the best of my knowledge, the above information is correct Chief Financial. Officer Project Manager Page ~. of 1, ~xl~ibit "D" to Agreement Np, 46a~~41677 W ~C 0 . ~ ~ •~ O b ~ ~ „ ~ a ~U a, O by '~ t~ . ~ Q F~ a i^^~ ~ Q ~ v w FL. v .~ O V ~ a i w ~ • + ~ ~ Cl ~ U ~ ~ ~ P~ ~u .4"" U ~ O ~, ~ ¢' '"~ "Cy L ro m .~y Q S., v L Yr ~ p ~:c~z ~, ~, O ++ ~ ~ •~ O ~ bA t/1 ~ ci-u ~~ L ~ ~ ~ ~ n ~ Q L ~ ~° ~ w U L "~. O a~+ L' ~~ + ~ Q n .~ O c Q .r' w ~ Q ~ ~ Q ~ U~ ~+ P.e c~ .y ~ C Ci w-+ ~ d ~ ~ "~ ~ ~ CC r 61 u d ~~~~w,/ w ~ w y u~z P .~ ~ •~ O a~T. ~ ~ ~ ~ C c ~U T ~ O ~' ~ ~ ~ ~ ~ P ~ N V 'II ~ ~ ~ ~" c w ~.+ U G? "~ ~ O •~, . ~ ~ C U ~", E ~ hM+ ~ ~ ~ ~ rA Fw ~ U Q O ~ ~ " cJ a w n ~ U r n (L L".. ~ N C> ~ ~ ~ d ~ ~ ~.. w ~. ~ O +' .~ ~. w bq ~ O d U ~ ~ z a { }" n c7 ~ s. n -~ ~ ~ ~ ~ _ ~ Q ° ~ rn U N ~ ~ ~~ c °; y U e-+ ~ ~ ~ ~ 7 F.~ ~ {.L,, L L by ~ ~ ~ ~~.,z n I' 'a C4 i ~.`"~ ~. 0 Q~ C.~ ~ O U ~ U ~ ~~ ~ ~ cn .U O ~ > U i a~ U ~ Y ~ ~ ~ CJ a--~ b-0 U ~ O "O ~ ~ C U ~ W w ~ ~ ~ U bA ~ . -~-. O Cp ~-.+ n_ ~ ~ .~ U ~ .fL ~ ~ ~ ~ ~ F, ~ ~~ ' ,~ +~ ~ r .a .~ ~ ~ ~ ~ ~ Gl (~ ~ '6 u t7" ~ ~ ~' U y .~ ~ ~d i r fl C O Q.. ~ °~' ~ i ~~ ~. o~ '3 0 ~, 4 ~€].. ~ ~ O ~ ~ o J w ~ ~ ~ ~~ ~ s., C ~ o 0 ~ ~ ~ ~ .~ ~ ~ ,~ .., ~ o ~ ~ .o a> ~ `~ n N ~ .~ ~ 's " C3 ~ ~ ~ ~ ~ ~ ~ U ~ ~'' ~ ~ ~ U N . p '~ M +-' ~` ~ ~ ~ ~ ~N ~ o ~ ~ R.~ w ~' N ~ ~~ o~~ ~~ n C7 O b ~' ~.: September 23, 2(308.. Richard Hasko City of I3elray Beach 434 South Swir~tan Avenue Delray Beach, l~'L 33444 ~t ~~ .Dear Mr~. ,l~n: Su~ajeGt: ~"~' 2Q09 S~'WM~ ~.lter~ative Water Supply pr•€,~ra~ (AWS) Project: ~elra~= Bea€h Area fi Reelairated Water System {Phase 1~) (SFWII~iTIa P~-oposa~ N~~ber LEC-86) The South Florida Water Management District {District) would like to take this apportura.ity to express our appreciation for your interest in the ~'~' 2003 Alternative Water Supply Program: We are pleased to inform ynu that fizuding fc~r the project referenced above in the artrount of $1;118,040 has been approved by our governing Board at #lleir Septerraber 11, 200$ meeting. You will be receiving a contract in the mail f©r this project within eight weeks and tl~e contract will need to be signed by art individual with. signature authority on behalf of yc~~,~r organi~atzon. Do not delay your construction based on receipt of the contract; the funding covers cortstr~ctio~l related costs expended. during the period Octoiset~ I, 200$ to August 3l, 2009. We look forward to working with you. on this important project. If you have any questions, nr need additional information, please contact Patrick Martin at {561) 682-2176 or prnaa~tinCa) sf~vznd. ~. Sincerely, Mark E. Elsner, A.E. irziplernentatianDwision Water Supply Department e: Patrick Martin, SFWMD Slzarrnan Rose, SFWIVID 3301 Gun Club Road, West Palrrt Beach, Fkarzda 334Q6 ~ (561} 686-8800 ~ FT. WAT51-8fl0-432-2045 N[atli~t~, Address: 1'.(3. Box 74654, ENest I'a!m Beach, I'L 33416-46$fl ~ cn~vYn/sflannd.gov MEMORANDUM TO: Mayor and City Commissioners FROM: Lula Butler, Community Improvement Director Elizabeth Alpert, Neighborhood Services Administrator THROUGH: David T. Harden, City Manager DATE: December 19, 2008 SUBJECT: AGENDA ITEM 8.H. -REGULAR COMMISSION MEETING OF .TANUARY 6, 2009 AMENDMENT N0.2 TO THE AGREEMENT/PALM BEACH COUNTY/EXTENSION OF MANGO DRIVE/S.W. 7TH AVENUE ITEM BEFORE COMMISSION Approval to amend the agreement between the City and Palm Beach County for the Disaster Recovery Initiative (DRI) Extension of Mango Road / SW 7~' Avenue project. Amendment 2 is to extend deadline for completion to May 31, 2009. BACKGROUND At the June 15, 2007 meeting, City Commission approved an Agreement between the City and Palm Beach County for the Extension of Mango Road / SW 7~' Avenue project. Under the DRI initiative, the City was awarded up to $252,500 in funding to extend the pavement of roads on Mango Dr. and SW 7~' Avenue to allow for the building of CLT affordable single-family housing units. The project was originally postponed because of a delay in obtaining a necessary right-of-way dedication. An overall project extension was required by Palm Beach County. Amendment 1 was approved to extend the deadline for completion of this project from July 31, 2008 to December 31, 2008. This request is to extend the project completion date to May 31, 2009. The current status is that the project has been bid out, the contract has been awarded to the lowest responsive bidder and work is scheduled to begin in January, 2009. FUNDING SOURCE Disaster Recovery Initiative 118-1960-554-68.27 RECOMMENDATION Staff recommends approval of Amendment 2 to the Agreement between the City and Palm Beach County for the Extension of Mango Road / SW 7~' Avenue project in order to extend the deadline for completion to May 31, 2009. ~uawdolanaa ~f~!unuauaoO-pue fiu!snoH ~o •~daa suol~ipuo~ pue swaal o} se panoaddy :~oN ~uawnooa saauolss!uawoO /C}uno~ }o paeo8 uosaada!ey~ `suooyl •d uyo~ :fig S?~3NOISSIWWOO Jl1NflO~ ~O QaHOB epl.~old ~o a~e3S aW; ~.o uo!srnlpgnS leol;llod e `d©IaO~d `AlNftOO H~tl38 W~1~d ~aalO ~~!~ `u!gnN 'Q ellanayO :1~8 ao~CeW 's!118 e~!~ :GCB HOb'38 A'r/~l'!3^ d0 JlJ.lO Ifoua!o!~dn5 lefia~ pue wao~ o~ se panoaddy ~laal~ ~C~ndaQ ~~8 aalloa~dwo~ ~ ~aalO `008 •~ uoaeyS ~1S~lltl (~'d3S ~11Nf1OO) ~-lb'~S ~lll~b'dIOINf1W} •~uawaaa6y aye ur pal~.!oads se lanai awes aye ~e pawao}aad aq Ifeys pue ~oa~~a ul {ll~s aae ~uawpuawy pauol~uawaao~e sly} y~!M ~o!I~uoo ul you suolslnoad Ilb' ~~uawpuawy s!y~ o~ wao~uoo o~ pa6ueyo /Cgaaay aae pue aq ileys ~uawpuawy sly} y~lnn ~oll~.uoo ul ~uawaaa6y snolnaad aye u! su~a~! Ile `3?JOd8~18H1 MON '„fi00Z. ' 6£ ~eW aq lleys sa!~In!~oe paull~no aye ~o uo!~aldwoo ao~ awea~ ~awl~ ayl„ :6u!nnollo~ aye y~lnn ways aoeldaa pue uo!~oas s[y~ ~o s~ua;uoo aye a~ala^ :alnpa~oS ~aoM - H•I uol~.oag - ~/ IF!gl~x3 'O '„8002 ' 6E aagwaoaa„ ao~ „600Z ` ~£ -[eW„ a~n~I~sgnS :aoueuaao;aad ~.o auall - Z uor;oaS -III fed '8 „SOOZ ' 1.8 aagwaoaCl„ ao~ „600Z ' E,E -LeW„ a}n~!~sgnS :uol;esua woo wnu~IxeW - ~ uol;oaS -III ~+ed 'd :snnollo~ se papuawe aay~an} l~gaaay s! 'papuawe se `LOOZ `9!- aunp uo o}u! paaa}ua }uawaaa6y leul6!ao aye ~ey~ aaafie ~Cllen~nw sal~aed y~oq `5y8~18HM pue 'a~ep uo!~alduaoo ~oafoad aye pua~xa o~ ~uawaaa6y aye ~}lpow o} ys!nn sa!~ed ay} `Sy82~8HM pue :yoea8 ~Cealaa ~.o ~~!O aye u! anuany ~nL MS pue an!ap o6ueW ~o uolsua~xa aye ao~ spunk wea6oad an!;e!~lul Luanooa~l aa~ses!p g0pZ ~.o OOg'ZgZ~ ap!noad o; '8002 `6 aagwa~daS uo '(g8b ~°800Z?~) X00 ~uawpuawy ~Cq papuawe se `LOOZ 'S b aunt uo 'yoeag ~(ealap ~o ~~!O aye y~l^^ {tiZ£ I,-LOOZ?~) }uauaaaa6y ue o}u! paaa;ua ~C~uno~ yoea8 wled `S`d~l~3HM ~H13SS8NlIM •yoea8 l~ealaQ ~o ~!O aye pue IC~unoO yoea8 wled uaann~aq pue ~(q `-OZ ' }o l~ep sly} o~u! paaa~ua Z00 ~uauapuauay MEMORANDUM TO: Mayor and City Commissioners FROM: Lula Butler, Community Improvement Director Elizabeth Alpert, Neighborhood Services Administrator THROUGH: David Harden, City Manager DATE: December 19, 2008 SUBJECT: AGENDA ITEM 8.I. -REGULAR COMMISSION MEETING OF .TANUARY 6, 2009 COMMUNITY DEVELOPMENT BLOCK GRANT SUB RECIPIENT FUNDING AGREEMENT/ACHIEVEMENT CENTERS FOR CHILDREN AND FAMILIES ITEM BEFORE COMMISSION Approval is requested to execute an agreement for funding with Community Childcare Center d/b/a Achievement Centers for Children and Families in an amount not to exceed $80,000.00 under the 2008- 2009 Community Development Block Grant (CDBG) Program. BACKGROUND In accordance with 24 CFR 570.301, a Public Hearing was held before the City Commission on July 15, 2008, to obtain public comment on the proposed budget for the approval of the Community Development Block Grant Consolidated Action Plan for fiscal year 2008-2009. The Action Plan contains an appropriation for public service activity and was approved by the Commission. CDBG Program regulations at 24 CFR 570.503 require written agreements prior to the disbursement of funds to sub recipient organizations, specifying the work to be performed and reporting requirements, among other requirements and governing provisions. These agreements have been developed in accordance with the stated regulations and have been reviewed and approved by the City Attorney for legal sufficiency and form. FUNDING SOURCE Community Development Block Grant 118-1966-554-82.09 RECOMMENDATION Staff recommends approval and execution of the attached agreement in order that funding may proceed in accordance with the Commission approved Action Plan for fiscal year 2008-2009. FY 2008-2009 COMMUNITY DEVELOPMENT BLOCK GRANT AGREEMENT between CITY OF DELRAY BEACH and ACHIEVEMENT CENTERS FOR CHILDREN AND FAMILIES . THIS AGREEMENT is entered into between the CITY OF DELRAY BEACH, a Florida municipal corporation, hereinafter referred to as "CITY," and "ACHIEVEMENT CENTERS FOR CHILDREN AND FAMILIES", hereinafter referred to as "the CONTRACTOR," having its principal office at 555 N.W. 4~h Street, Delray Beach, Florida 33444-2734. WITNESSETH: WHEREAS, the CITY has entered into an Agreement with the U.S. Department of Hauling and Urban Development (HUD) far a grant for the execution and implementation of a Community Development Black Grant (CDBG) Program in the CITY, pursuant to Title I of the Housing and Community Development Act of 1974 (as amended}; and WHEREAS, the CITY desires to engage the CONTRACTOR to implement an activity of the ^elray Beach CDBG Program; NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties hereto agree as follows: ARTICLE I DEFINITION AND PURPOSE 1. Definitions 1.1 "CDBG" means Community Development Block Grant program. 1.2 "HUD" means the U.S. Department of Housing and Urban Development. 1.3 "24 CFR" refers to the Section of the Code of Federal Regulations pertaining to the U.S. Dept. of HUD. 1.4 "Program Income" means grass income received directly generated ar earned from the use of. CDBG funds. Program Income includes, but is not limited #o, interest earned on advances of federal funds or royalties received as a result of patents or copyrights produced under this grant. 1.5 "OMB" means Office of Management and Budget. 1.6 "Low- and Moderate-lncome" means a household whose income is within specified income limits set forth by HUD. 1.7 Property: a. "Real Property" means land, land improvements, structures, fixtures and appurtenances thereto, excluding movable machinery and equipment. b. "Personal Property" means personal property of any kind except real property. c. "Nonexpendable Personal Property" means tangible (i.e., physical) personal property of a nonconsumable nature, with a value of $500 or more per item, with a normal expec#ed life of one or more years, not fixed in place, and not an integral part of a structure, facility or another piece of equipment. d. "Expendable Personal Property" means all tangible personal property other than nonexpendable property. 2. Purpose The purpose of this Agreement is to state the covenants and conditions under which the CONTRACTOR will implement the Statement of Work set forth in Article fl of this agreement. ARTICLE fl STATE=MENT ~F WORK The CONTRACTOR shall carry out the activities specified in Attachment A, "Scope of Services." ARTICLE II1 FUNDING AND METHOD OF PAYMENT 3.1 The maximum amount payable by the CITY under this Agreement will be Eighty Thousand Dollars and 001100 080,000.00). 3.2 The CITY will be billed by the CONTRACTOR and will disburse twelve (12) monthly payments. The first disbursement will be in the amount of $8,000 and all remaining payments in the amount of $6,545.45). Bills shall be submitted by the CONTRACTOR at least two weeks in advance. 3.3 prior to receipt of CDBG funds (through reimbursement), CONTRACTOR shall submit the following documentation no later than the 10th day of each month covered by this Agreement, in a format prescribed by the CITY: a. Monthly grantee pertormance report as well as a narrative identifying the participant's levels of family income, race, ethnicity, and achievements of participants served by the program. b. Monthly timesheets and payroll reports reflecting actual time worked by the CpBG funded position and a completed Direct Benefit Activity form (monthly); c. Monthly Project Budget, detailing requested funds, included in Phis agreement as "Attachment D." 3.4 Release of funds is subject to the approval of the Director of Community lmprovernent. ARTICLE IV TERM OF AGREEMENT The term of this Agreement shall be from October 1, 2008, to September 30, 2009. 2 ARTICLE V SUSPENSION AND TERMINATION 5.1 TerminationlSus ension of Pa mentslA reement for Cause: If through any cause either party shall fail to fulfill in timely and proper manner its obligations under this Agreement, or if either parley shall violate any of the covenants, agreements, or stipulations of this Agreement, either party shall thereupon have the right to terminate this Agreement or suspend payments in whole or in part by giving written notice of such termination or suspension of payments and specify the effective da#e of termination or suspension. If payments are withheld, the CITY shall specify in writing the actions that must be taken by the CONTRACTOR as a condi#ion precedent to resumption of payments and shall specify a reasonable date far compliance. Sufficient cause far suspension of payments shall include, but not be limited to: a. ineffective or improper use of CDBG funds, b. failure to comply with the Statement of Work or terms of this Agreement, c. failure to submit reports as required, d. submittal of materially incorrect or incomple#e reports, e. failure to comply with any additional conditions that may be imposed by HUD. 5.2 Termination for Convenience of City:. The CITY may terminate this Agreement without cause at any time by giving at least ten (10} working days .notice in wri#ing to the CONTRACTOR. If this Agreement is terminated by the CITY as provided herein, the CONTRACTOR will be paid for allowable services performed under Article II of this Agreement until the effective date of the termination. 5.3 Termination for Convenience of the CONTRACTOR: At any time during the term of this Agreement, the CONTRACTOR may, at its option and for any reason, terminate this Agreement upon #en (10} working days written notice to the CITY. Upon termination, the CONTRACTOR shall be paid for services rendered pursuant to this Agreement through and including the date of termination. ARTICLE VI RECORDS AND REPORTS 6.1 The CONTRACTOR agrees to retain supporting documentation relating to activities funded by this Agreement for a period of five years after the termination of the Agreement. 6.2 The GONTRACTOR shall submit quarterly reports in a format prescribed by the CITY per the schedule in Article III of this Agreement. 6.3 The CONTRACTOR agrees to submit upon request other documentation which may later be determined necessary to assure compliance with this Agreement. 3 ARTICLE VII PROGRAM INCOME The CONTRACTOR agrees to expend CDBG funds for the purpose outlined in Article I of this Agreement. ]t is .not anticipated that program income shall be generated from this allocation. However, such income, if generated, may be retained by the CONTRACTOR and used for costs that are in addition to the approved costs of this agreement, provided that such casts specifically further the objectives of this agreement. Under no circumstances shall the CONTRACTOR use program income to pay far charges or expenses that are specifically not allowed pursuant to the terms of this agreement and applicable federal regulations or rules. The use of program income by the CONTRACTOR shall comply with the requiremen#s set forth at 24 CFR 57D.504. ARTICLE VIII PUBLICITY The CONTRACTOR shall ensure that al! publicity, public relations, advertisements and signs, recognize the CITY and the CDBG Program for the suppork of all contracted activities. The use of the official CITY logo is permissible, but all signs used to publicize C1TY contracted activities must be approved by the CITY prior to being posted. ARTICLE IX GENERAL CONDITIONS 9.1 Federal, State, County and CITY Laws and_Reaulations: The CONTRACTOR shall comply with applicable provisions of applicable federal, state, County, and CITY laws, regulations and rules, including OMB A-122, OMB A-29, OMB A-933. The CONTRACTOR shall comply with Section 504 of the Rehabilitation Act of 1973, as amended, which prohibits discrimination on the basis of handicap; Title VI of the Civil Righ#s Act of 1964, as amended, which prohibits discrimination on the basis of race, color, or national origin; the Age Discrimination Act of 1975, as amended, which prohibits discrimination on the basis of age; Title VIII of the Civil Rights Act of 1968, as amended, and Executive Order 11063 which prohibits discrimination in housing on the basis of race, color, religion, sex, or national origin; Executive Order 11246, as amended which requires equal employment opportunity; and with the Energy Policy, amended and Conservation Act (Pub.L 94-963) which requires mandatory standards and policies relating to energy efficiency. The CONTRACTOR shall report its compliance with Section 504 of the Rehabilitation Act whenever so requested by the CITY. The CONTRACTOR shall comply with all applicable requirements of the Americans with Disabilities Act (ADA) of 1990, including, but not limited to, those provisions pertaining to employment, program services, transportation, communications, access to facilities, renovations, and new construction. The CONTRACTOR shall comply with all federal laws and regulations pertaining to environmental standards described in 24 CFR Subpart K, except that: a. The CONTRACTOR does not assume the CITY's environmental responsibilities described at 570.644, and 4 b. The CONTRACTOR does not assume the CITY's responsibility for initiating the review process under the provisions of 24 CFR part 52, 9.2 O ortunities for Residents and Civil Ri hts Com liance: The CONTRACTOR agrees that no person shall on the grounds of race, color, national origin, religion, or sex be excluded from the benefits of, or be subjected to, discrimination under any activity carried out by the performance of this Agreement. To the greatest feasible extent, lower-income residents of the project areas shall be given opportunities for training and employment; and to the greatest feasible extent, eligible business concerns located in or owned in substantial part by persons residing in the project areas shall be awarded contracts in connection with the project. 9.3 Evaluation and Monitoring- The CONTRACTOR agrees that the CITY will carry out periodic monitoring and evaluation activities as determined necessary and that the continuation andlor renewal of this Agreement is dependent upon satisfactory evaluation conclusions. Such evaluations will be based on the terms of this Agreement, comparisons of planned versus actual progress relating to activity scheduling, budgets, audit reports, and output measures. The CONTRACTOR agrees to furnish upon request to the CITY and make copies of transcriptions of such records and information as is determined necessary by the CITY. The CONTRACTOR shall submit on a schedule set by the CITY and at other times upon request, information and sta#us reports required by the CITY to enable the evaluation of said progress and to allow for completion of reports required of the CITY by HU©. The CONTRACTOR shall allow the CITY or HUD to monitor its agency on site. Such site visits may be scheduled or unscheduled as determined by the CITY or HUD. 9.4 Audits: Nonprofit organizations that expend $500,000 or more annually in federal awards shall have a single or program specific audit conducted accordance with OMB A-133. Nonprofit organizations that expend less than $500,000 annually in federal awards shall be exempt from. an audit conducted in accordance with OMB A-133, although their records must be available for review. These agencies are required by the CITY to submit "reduced scope" audits (e.g., financial audits, performance audits). Each audit shall cover a time period of not more than 12 months and an audit shall be' submitted covering each assisted period until all the assistance received from this agreement has been reported on. A copy of the audit report must be received by the CITY no later than six months following each audit period. The CONTRACTOR shall maintain all records in accordance with generally accepted accounting principles, procedures, and practices which shall sufficiently and properly reflect all revenues and expenditures of funds provided directly or indirectly by the CITY pursuant to the terms of this agreement. 9.5 Uniform Administrative Requirements: The CONTRACTOR agrees to maintain books, records and documents in accordance with accounting procedures and prat#ices which sufficiently and properly reflect all expenditures of #unds provided by the CITY under this Agreement. The CONTRACTOR is required to comply with the following uniform administrative requirements: a. Specific provisions of the uniform administrative requirements of OMB Circular A- 110, as implemented at 24 CFR Part $4, "Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals and Other Non-Profit Organizations." 5 b. OMB Circular A-122 '"Cost Principles for Nan-Profit Organizations" {a list of allowable and unallowable casts appears in Attachment B}. c. Applicable provisions of 24 CFR 570.502. 9.6 Lobbying.. Prohibition: The CONTRACTOR shall certify that no federal appropriated funds have been-paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting #o influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal Agreement, the making of any federal grant, the making of any federal loan, the entering into of any cooperative Agreement, and the extension, continuation, renewal, amendment, or modification of any federal Agreement, grant, loan, or cooperative Agreement. The CONTRACTOR shall disclose to the CITY if any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal Agreement. 9.7 Section 3 Requirements: The CONTRACTOR agrees to comply with all Section 3 requirements applicable to contracts funded through this Agreement. Information on Section 3 is available from the CITY upon request. The CONTRACTOR shall include the following, referred to as the Section 3 Clause, in every solicitation and every contract for every Section 3 covered project: Section 3 Clause a. The work to be performed under this agreement is subject to the requirements of Section 3 of the Housing and Urban ^evelopment Act of 1968, as amended, 12 U.S.C. 1701 (Section 3). The purpose of Section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD-assisted projects covered by Section 3, shat! to the greatest extent feasible, be directed to low-and very low-income persons, particularly persons who are recipients of HUD assistance for housing. b. The parties to this agreement agree to comply with HUD's requirements in 24 CFR Part 135, which implement Section 3. As evidenced by their execution of this agreement, the parties to this agreement certify that they are under no contractual or other impediment that would prevent them from complying with the Part 135 regulations. c. The CONTRACTOR agrees to send to each labor organization or representative of workers with which the CONTRACTOR has a collective bargaining Agreement or other understanding, if any, a notice advising the labor organization or workers representative of the CONTRACTOR's commitment under this Section 3 clause, and will post copies of the notice in conspicuous places at the work site where both employees and applicants far training and employment positions can see the notice. The notice shall describe the Section 3 preference, shall set forth minimum number and job titles subject to hire, availability of apprenticeship and training positions, the qualifications for each, and the name and location of the person(s) taking applications for each of the positions, and the anticipated date the work shall begin. 6 d. The CONTRACTOR agrees to include this Section 3 clause in every subcontract subject to compliance with regulations in 24 CFR Part 135, and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this Section 3 clause, upon a finding that the subcontractor is in violation of the regulations in 24 CFR Part 135. The CONTRACTOR will not subcontract with any subcontractor where the CONTRACTOR has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR Part 135. e. The CONTRACTOR will certify that any vacant employment positions, including training positions, that are filled {1} after the CONTRACTOR is selected but before the contract is executed and (2} with persons other than those to whom the regulations of 24 CFR Part 135 require employment opportunities to be directed, were not filled to circumvent the CONTRACTOR`s obligations under 24 CFR Part 135. f. Noncompliance with HUD's regulations in 24 CFR Part 135 may result in sanctions, termination of this contract for default, and debarment or suspension from future HUD assisted contracts. 9.8 Insurance: The CONTRACTOR shall furnish to the CITY, clo the Community Improvement Department, certificate(s) of insurance evidencing coverage that meets the requirements outlined in Attachment C. 9.9 Property: Any real property under the CONTRACTOR'S control that was acquired or improved in whole or in part with CDBG funds received from the CITY in excess of $25,000 shall be either: a. Used to meet one of the three CDBG national objectives required by and defined in 24 CFR Part 570.208 for five years following the expiration or termination of this agreement, or for such longer period of time as determined by the CITY; or b. Not used to meet a CDBG national objective, in which ease the CONTRACTOR shall pay to the CITY an amount equal to the market value of the property as may be determined by the CITY, less any proportionate portion of the value attributable to expenditures of non-CDBG funds for- acquisition of, or improvement to, the property. Reimbursement is not required after the period of time specified in Paragraph 9.9.a., a have. Any real property under the CONTRACTOR'S control that was acquired or improved in whole or in part with CDBG funds from the CITY for $25,000 or less shall be disposed of, at the expira#ion or termination of this contract, in accordance with instructions from the CITY. All real property purchased in whole or in part with funds from this and previous agreements with the CITY, or trans#erred to the CONTRACTOR after being purchased in whale or in part with funds from the CITY, shall be listed in the property records of the CONTRACTOR and shall include a legal description, size, date of acquisition, value at time of acquisition, present market value, present condition,. address or location, owner's name if different from the CONTRACTOR, information an the transfer or disposition of the property, and map. The property records shall describe the programmatic purpose for which the property was acquired and identify the CDBG nationa[ objective that will be met. If the property was improved, the records shall describe the programmatic purpose 7 for which the improvements were made and identify the CDBG national objective that will be met. All nanexpendable personal property purchased in whole or in part with funds from this and previous agreements with the. CITY shall be listed in the property records of the CONTRACTOR and shat! include a description of the property, location, model number, manufacturer's serial number, date of acquisition, funding source, unit cast at the time of acquisition, present market value, property inventory number, information on i#s condition, and information on transfer, replacement, or disposition of the property. The CONTRACTOR shall obtain prior written approval from the CITY for the disposition of real property, expendable personal property, and nonexpendabie personal property purchased in whole ar in part with funds given to the CONTRACTOR pursuant to the terms of this agreement. The CONTRACTOR shall dispose of all such property in accordance with instructions #rom the CITY. Those instructions may require the return of all such property to the CITY. 9.10 Reversion of Assets: The CONTRACTOR shall return to the CITY, upon expiration or termination of this Agreement, all the assets owned or held as a result of this Agreement, including, but not limited to any funds an hand, any accounts receivable attributable to these funds, mortgages, notes, and other collateral and any overpayments due to unearned funds or costs disallowed pursuant to the terms of this Agreement that were disbursed to the CONTRACTOR by the CITY. The CONTRACTOR shall within 30 days of expiration or termination of this Agreement execute any and all documents as required by the CITY #o effectuate the reversion of assets. Any funds not earned, as described and provided for in OMB A-122, by the CONTRACTOR prior to the expiration ar termination of this Agreement shall be retained by the CITY. 9.11 Conflicts with Applicable Laws: If any provision of this agreement conflicts with any applicable law or regulation, only the conflicting provision shall be deemed by the parties hereto to be modified to be consistent with the law or regulation or to be deleted if modification is impossible. However, the obligations under this agreement, as modified, shall continue and all other provisions of this agreement ,shall remain in full farce and effect. 9.12 Renegotiation or Modificatio_n__: Modifications of provisions of the agreement shall be valid only when in writing and signed by duly authorized representatives of each party. The parties agree. to renegotiate this agreement if the CITY determines, in its sole and absolute discretion, that federal, State andlor CITY revisions of any applicable laws ar regulations, or increases or decreases in budget allocations make changes in this agreement necessary. 9.13 Right to Waive: The CITY may, for good and sufficient cause, as determined by the CITY in its sole and absolute discretion, waive provisions in this agreement or seek to obtain such waiver from the appropriate authority. Waiver requests from the CONTRACTOR shall be in writing. Any waiver shall not be construed to be a modification of this agreement. 9.14 Disputes: In the event an unresolved dispute exists between the CONTRACTOR and the CITY, the CITY shall refer the questions, including the views of all interested parties 8 and the recommendation of the CITY, to the City Manager for determination. The City Manager, ar an authorized representative, will issue a determination within 30 calendar days of receipt and so advise the CITY and the CONTRACTOR, or in the event additional time is necessary, the CITY will notify the CONTRACTOR within the 30 day period that additional time is necessary. The CONTRACTOR agrees that the City Manager's determination shall be final and binding on all parties. 9.15 Indemnification: To the extent provided by law, the CONTRACTOR shall indemnify and hold harmless and defend the CITY, its agents, employees, and elected officers from and against any and all claims, demands or causes of action of whatsoever kind or nature arising out of error, omission, negligent act, conduct or misconduct by the CONTRACTOR, its agents, employees or officers in the performance of services under this Agreement. IN WITNESS OF THE FOREGOING, the parties have set their hands and seals on the day and year written above. WITNESSES: Print Print STATE OF FLORIDA COUNTY OF PALM BEACH ACHIEVEMENT CENTERS FOR CHILDREN AND FAMILIES. By: The foregoing instrument was acknowledged before me this ,~ day of , 200_, by ,who is personally known to me. NOTARY PUBLIC Sign Print Personalty Known OR Produced Identification Type of ]dentification Produced: ATTEST: City Clerk Approved as to form: City Attorney CITY OF DELRAY BEACH, FLORIDA By: 9 Mayor _~~ ATTACHMENT "A" SCOPE OF SERVICES The major focus of the ACHIEVEMENT CENTERS FOR CHILDREN AND FAMILIES under this Agreement will be providing day care, after-school care and related services to eligible children. At least 51 % of the beneficiaries of a project funded under this Agreement must be low- and moderate-income persons (as determined annually by HUD for the area}. CDBG funds may be used for programmatic casts including, but not limited to, salaries of direct service personnel, training, insurance, office supplies and expenses, education supplies and materials, utilities, and sponsored events (field trips). Services under this program will be provided at the Center's main facility located at 555 N.W. 4ch Avenue, Delray Beach, Florida and at Village Academy, 400 SW 12th Avenue, Delray Beach, Florida. The major tasks which the Achievement Centers for Children and Families will perform in connection with the provision of the eligible day care and after-school services include, but are not limited to, the fallowing: a. Maintain facility at all times in conformance with all applicable codes, licensing, and other requirements for the operation of a day care center. The facility must also be handicapped accessible, and the day Care services musk be organized into separake areas appropriate for each of the age groupings being served (toddler - 12 months to 3 years, pre-school - 3 to 4 years, pre- kindergarten - 4 to 5 years and after-schoollout-of school care -- 5 years to '14 years). b. Accept applications and perform eligibility determinations. At least 51 percent (51 %} of the beneficiaries of subsidized day care must be low and moderate-income persons (as determined annually by HUD for khe area). c. Offer day care services from 6:30 a.m. to 5:30 p.m. Monday through Friday, after-schoollout-of school services from public school closing time to 7:00 p.m. and Saturdays 7:30 a.m. to 4:30 p.m. to eligible families. d. Ensure that the numbers, background, and qualifications of the Achievement Center's for Children and Families' s#aff providing the on-site day care and any rela#ed services at all times are appropriate for the enrolled child population at the center and meet at least the minimum standards established by the pertinent licensing bodies. e. As part of the day care services, provide a range of structured social, educakional, and cultural enrichment activities appropriate to the age groups being served. f. Maintain program and financial records documenting the eligibility, attendance, provision of services, and the Center's expenses relative to the children receiving day care services as a result of assistance provided through the CDBG program. ATTACHMENT "B" ALLOWABLE AND UNALLOWABLE COSTS UNDER OMB A-122 ITEM'OF COST OMB'A-122 NONPROFITS Unallowable Allowable Advertising ~ Bad debts ~ Bonding ~ Communication ~ ~ Compensation, personnel services ~ Contingency provisions ~ Contributions (to others) ~ Depreciation, use allowance ~ Donations (from others) ~ Employee morale, health, welfare ~ Entertainment ~ Equipment ~** Fines, penalties ~ f=ringe benefits ~ Fund raising, interest, investment management ~ Idle facility, idle capacity ~ Insurance & indemnification ~ Interest Labor relations ~ Lobbying '~ Losses on other awards ~ Maintenance, repair ~ Materials, supplies ~ Memberships, subscriptions, professional activity ~ Organization costs ~** Overtime, shift premiums ~** Page charges in professional journals (research) ~ Participant support casts ~** Patent costs ~ Pension plans ~ Plant security ~ Pre-award costs ~** Professional services ~ Profits, losses on asset disposition ~* Public information service ~***' Publication and printing costs ~*** Rearrangement, facility alteration ~** Reconversion costs ~ Recruiting ~ Relocation ~* Rental ~ * Allowable under limited circumstances. ** Allowable only with prior permission from the CITY, *** Allowable only as a direct cast with permission from the CITY. ATTACHMENT "B" ITEM OF COST OMB A-122 NONPROFITS Unallowable Allowable Royalties, use of patents, copyrights ~ Severance pay ~ Specialized service facilities ~ Taxes ~ Termination-related casts ~ Training, education ~ Transportation ~ Travel ~* Allowable under limited circumstances. ** Allowable only with prior permission from the CITY. *** Allowable only as a direct cost with permission from the CITY. ATTACHMENT "C" INSURANCE REQUIREMENTS WORKER'S COMPENSATION This coverage shall include Worker"s Compensation Insurance covering all employees and include Employer's Liability with limits meeting all applicable state and federal laws. This coverage must extend to any subcontractor that does no# have their own Worker's Compensation and Employer's Liability Insurance. Thirty (30) days notice of cancellation is required and must be provided to the C[TY via Certified Mail. COMMERCIAL GENERAL LIABILITY This coverage shall be on an "Occurrence" basis. Coverage shall include Premises and Operations; Independent Contractors' Products and Completed Operations and Contractual Liability. This policy shall provide coverage far death, personal injury or property damage that could arise directly or indirectly from the performance of this Agreement. The Minimum Limits of Coverage shall be ($1,DDD,000) per occurrence, Combined Single Limit for bodily Injury Liability and Property Damage Liability. THE CITY OF DELRAY BEACH MUST BE NAMED AS AN ADDITIONAL INSURED ON THE COMMERCIAL GENERAL LIABILITY POLICY. Thirty (30) days written notice must be provided to the CITY via Certified Mail in the event of cancellation. BUSINESS AUTOMOBILE LIABILITY The minimum limits of coverage shall be ($500,QOD) per occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This coverage shall be an "Any Auto" type policy. The CITY must be listed as an Additional Insured under the Policy. Thirty (30) days written notice must be provided to the CITY via Certified Mail in the event of cancellation. In the event #hat the CONTRACTOR does not own any vehicles, we will accept hired and non- owned coverage in the amounts listed above. In addition, we will require an affidavit signed by the CONTRACTOR indicating the following: "Company Name" does not awn any vehicles. In the event we acquire any vehicles throughout the term of his ContractlAgreement, agrees to purchase "Any Auto" or "Company Name" Comprehensive Form coverage as of the date of acquisition. The CONTRACTOR'S Signature: Line Item CD Funds Requested Applicant's Match Other Project Funds Total Project Budget ADMINISTRATION: Personnel (# ) Payroll Taxes Employee Benefits Office Supplies Copy Supplies Postage Telephone Promotional Professional Services Vehicle Fuel/Mileage Other: (Insurance, etc.) PROGRAM: Acquisition Reconstruction Rehabilitation Installation Demolition Training/Tech. Asst.* Direct Assistance** Rental of Space Purchase/Rental of E ui ment Professional Services for Clients Child Care Other: MEMORANDUM TO: Mayor and City Commissioners FROM: Lula Butler, Community Improvement Director Elizabeth Alpert, Neighborhood Services Administrator THROUGH: David Harden, City Manager DATE: December 19, 2008 SUBJECT: AGENDA ITEM 8.,T. -REGULAR COMMISSION MEETING OF ,TANUARY 6, 2009 COMMUNITY DEVELOPMENT BLOCK GRANT SUB RECIPIENT FUNDING AGREEMENT/FAIR HOUSING CENTER OF THE GREATER PALM BEACHES ITEM BEFORE COMMISSION Approval is requested to execute an agreement for funding with the Fair Housing Center of the Greater Palm Beachs, Inc. in an amount not to exceed $5,000.00 under the 2008-2009 Community Development Block Grant (CDBG) Program. BACKGROUND In accordance with 24 CFR 570.301, a Public Hearing was held before the City Commission on July 15, 2008, to obtain public comment on the proposed budget for the approval of the Community Development Block Grant Consolidated Action Plan for fiscal year 2008-2009. CDBG Program regulations at 24 CFR 570.503 require written agreements prior to the disbursement of funds to sub recipient organizations, specifying the work to be performed and reporting requirements, among other requirements and governing provisions. These agreements have been developed in accordance with the stated regulations and have been reviewed and approved by the City Attorney for legal sufficiency and form. FUNDING SOURCE Community Development Block Grant 118-1961-554-49.17 RECOMMENDATION Staff recommends approval and execution of the attached agreement in order that funding may proceed in accordance with the Commission approved Action Plan for fiscal year 2008-2009. FY 2008-2009 COMMUNITY DEVELOPMENT BLOCK GRANT AGREEMENT between CITY OF DELRAY BEACH and FAIR HOU5ING CENTER OF THE GREATER PALM BEACHES INC. THIS AGREEMENT is entered into between the CITY OF DELRAY BEACH, a Florida municipal corporation, hereinafter referred to as `°CITY," and FAIR HOUSING CENTER OF THE GREATER PALM BEACHES, INC., hereinafter referred to as "the CONTRACTOR," having its principal office at 1300 West Lantana Road, Suite 100, Lantana, Florida 33462, WITNESSETH: WHEREAS, the CITY has entered into an Agreement with the U.S. Department of Housing and Urban Development (HUD) for a grant for the execution and implementation of a Gommunity Development Block Grant (CDBG} Program in the CITY, pursuant to Title I of the Housing and Community Development Act of 1974 (as amended}; and WHEREAS, the CITY desires to engage the CONTRACTOR to implement an activity of the Delray Beach CDBG Program; NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties hereto agree as foliows: ARTICLE ! DEFINITION AND PURPOSE 1. Definitions 1.1 "CDBG" means Community Development Block Grant program. 1.2 "HUD" means the U.S. Department of Housing and Urban Development. 1.3 "24 CFR" refers to the Section of the Code of Federal Regulations pertaining to the U.S. Dept. of HUD. 1.4 "Program Income" means gross income received, directly generated or earned from the use of CDBG funds. Program Income includes, but is not limited to, interest earned on advances of federal funds or royalties received as a result of patents ar copyrights produced under #his grant. 1.5 "OMB" means Office of Management and Budget. 1.6 "Low- and Moderate-Income" means a household whose income is within specified income limits set forth by HUD. 1.7 Property: a. "Real Property" means land, land improvements, structures, fix#ures and appurtenances thereto, excluding movable machinery and equipment. b. "Personal Property" means personal property of any kind except real property. c. "Nonexpendable Personal Property" means tangible (i.e., physical) personal property of a nonconsumable nature, with a value of $540 or more per item, with a normal expected life of one or more years, not fixed in place, and not an integral part of a structure, facility or another piece of equipment. d. "Expendable Personal Property" means al! tangible persanal property other than nonexpendabie property. 2. Purpose The purpose of this Agreement is to state the covenants and conditions under which the CONTRACTOR will implement the Statement of Work set forth in Article Il of this agreement. ARTICLE II STATEMENT OF WORK The CONTRACTOR shall carry out the activities specified in Attachment A, "Scope of Services." ARTICLE III FUNDING AND METHOD OF PAYMENT 3.1 The maximum amount payable by the CITY under this Agreement will be 1=ive Thousand Dollars and 001100 ( 5 000.40). 3.2 The CITY will be billed by the CONTRACTOR and will disburse $1,000.00 per seminarlsession. Bills shall be submitted by the CONTRACTOR at least two weeks in advance. 3.3 Prior to receipt of CDBG funds (through reimbursement), CONTRACTOR shall submit far each seminarlsession conducted, the following documentation: a. An agenda displaying the date, time, and location of the sessionlseminar conducted (the NS Division must have been notified in advance of the same, as required in the Scope of Service, item (b); b. A list of inviteeslattendees for each sessionlseminar; c. A request for funds/invoice; d. Proof that each seminarlsession was adequately advertised and marketed to residents of Delray Beach, in an effort to ensure maximum participation and effectiveness (i.e. marketing tools used, copy of flyers/invitationslnewspaper ads, and a narrative of other efforts made (activity report); e. A grantee performance report generated for each seminar showing summary statistics on race, ethnicity, and income level of clients served by the program. f. Monthly Project Budget, detailing requested funds, included in this agreement as "Attachment D." 3.4 Release of funds is subject to the approval of the Director of Community Improvement. 2 ARTICLE IV TERM OF AGREEMENT The term of this Agreement shall be from October 1, 2008, to September 30, 2009. ARTICLE V SUSPENSION AND TERMINATION 5.1 Terminationl5uspension of PaymentslAareement._for Cause: If through any cause either party shall fail to fulfill in timely and proper manner its obligations under this Agreement, or if either party shall violate any of the covenants, agreements, or stipulations of this Agreement, either party shall thereupon have the right to terminate this Agreement or suspend payments in whole or in part by giving written notice of such termination or suspension of payments and specify the effective date of termination or suspension. If payments are withheld, the CITY shall specify in writing the actions that must be taken by the CONTRACTOR as a condition precedent to resumption of payments and shall specify a reasonable date far compliance. Sufficient cause far suspension of payments shall include, but not be limited tv: a. ineffective or improper use of CDBG funds, b. failure to comply with the Statement of Work or terms of this Agreement, c. failure to submit reports as required, d. submittal of materially incorrect or incomplete reports, e. failure to comply with any additional conditions #hat may be imposed by HUD. 5.2 Termination for Convenience of City: The CITY may terminate this Agreement without cause a# any time by giving at least ten (10} working days notice in writing to the CONTRACTOR. If this Agreement is terminated by the CITY as provided herein, the CONTRACTOR will be paid for allowable services performed under Article 11 of this Agreement until the effective date of the termination. 5.3 Termination far Convenience of the CONTRACTOR: At any time during the term of this Agreement, the CONTRACTOR may, at its option and for any reason, terminate this Agreement upon ten (10} working days written notice to the CITY. Upon termination, the CONTRACTOR shall be paid for services rendered pursuant to this Agreement through and including the date of termination. ARTICLE VI RECORDS AND REPORTS 6.1 The CONTRACTOR agrees to retain supporting documentation relating to activities funded by this Agreement far a period of five years after the termination of the Agreement. 6.2 The CONTRACTOR agrees to submit upon request other documentation which may later be determined necessary to assure compliance with this Agreement. 3 ARTICLE VII PROGRAM INCOME The CONTRACTOR agrees to expend CDBG funds #or the purpose outlined in Article I of this Agreement. It is not anticipated that program income shall be generated from this allocation. However, such income, if generated, may be retained by the CONTRACTOR and used for costs that are in addition to the approved costs of this agreement, provided that such casts specifically further the objectives of this agreement. Under no circumstances shall the CONTRACTOR use program income to pay far charges or expenses that are specifically not allowed pursuant to the terms of this agreement and applicable federal regulations or rules. The use of program income by the CONTRACTOR shall comply with the requirements set forth at 24 CFR 570.504. ARTICLE Vlll PUBLICITY The CONTRACTOR shall ensure that all publicity, public relations, advertisements and signs, recognize the CITY and the CDBG Program for the support of all contracted activities. The use of the official CITY logo is permissible, but all signs used to publicize CITY contracted activities must be approved by the CITY prior to being posted. ARTICLE IX GENERAL CONDITIONS 9.1 hederal, State,TCounty and CITY Laws and _Reaulations: The CONTRACTOR shall comply with applicable provisions of applicable federal, state, County, and CITY laws, regulations and rules, including OMB A-122, OMB A-21, OMB A-133. The CONTRACTOR shall comply with Section 504 of the Rehabilitation Act of 1973, as amended, which prohibits discrimination an the basis of handicap; Title VI of the Civil Rights Act of 1964, as amended, which prohibits discrimination on the basis of race, color, or national origin; the Age Discrimination Act of 1975, as amended, which prohibits discrimination on the basis of age; Title VIII of the Civil Rights Act of 1968, as amended, and Executive Order 11 Q63 which prohibits discrimination in housing on the basis of race, color, religion, sex, or national origin; Executive Order 11246, as amended which requires equal employment opportunity; and with the Energy Policy, amended and Conservation Act (Pub.L 94-163} which requires mandatory standards and policies relating to energy efficiency. The CONTRACTOR shall report its compliance with Section 5D4 of the Rehabilitation Act whenever so reques#ed by the CITY. The CONTRACTOR shall comply with all applicable requirements of the Americans with Disabilities Act (ADA) of 1990, including, but not limited to, those provisions pertaining to employment, program services, transportation, communications, access to facilities, renovations, and new construction. The CONTRACTOR shall comply with all federal laws and regulations pertaining to environmental standards described in 24 CFR Subpart K, except that: a. The CONTRACTOR does not assume the CITY's environmental responsibilities described at 570.604, and 4 b. The CONTRACTOR does not _assume the CITY's responsibility for initiating the review process under the provisions of 24 CFR part 52. 9.2 Opportunities for Residents and Civil Rights Complianc__e:_ The CONTRACTOR agrees that no person shall on the grounds of race, color, national origin, religion, or sex be excluded from the benefits of, or be subjected to, discrimination under any activity carried out by the performance of this Agreement. To the greatest feasible extent, lower-income residents of the project areas shall be given opportunities far training and employment; and to the greatest feasible extent, eligible business concerns located in or owned in substantial part by persons residing in the project areas shall be awarded con#racts in connection with the project. 9.3 Evaluation and Mon_it_orin :The CONTRACTOR agrees that the CITY will carry out periodic monitoring and evaluation activities as determined necessary and that the continuation andlor renewal of this Agreement is dependent upon satisfactory evaluation conclusions. Such evaluations will be based on the. terms of this Agreement, comparisons of planned versus actual progress relating to activity scheduling, budgets, audit reports, and output measures. The CONTRACTOR agrees to furnish upon request to the CITY and make copies of transcriptions of such records and information as is determined necessary by the CITY. The CONTRACTOR shall submit on a schedule set by the CITY and at other times upon request, information and status reports required by the CITY to enable the evaluation of said progress and to allow for completion of reports required of the CITY by HUD. The CONTRACTOR shall allow the CITY or HUD to monitor i#s agency on site. Such site visits may be scheduled or unscheduled as determined by the CITY or HUD. 9.4 Audits: Nonprofit organizations that expend $300,000 or more annually in federal awards shall have a single or program specific audit conducted accordance with OMB A-133. Nonprofit organizations that expend less than $300,000 annually in federal awards shall be exempt from an audit conducted in accordance with OMB A-133, although their records must be available for review. These agencies are required by the CITY to submit "reduced scope" audits (e.g., financial audits, performance audits}. Each audit shall cover a time period of not mere than 12 months and an audit shall be submitted covering each assisted period until al[ the assistance received from this agreement has been reported on. A copy of the audit report must be received by the CITY no later than six months following each audit period. The CONTRACTOR shall maintain all records in accordance with generally accepted accounting principles, procedures, and practices which shall sufficiently and properly reflec# all revenues and expenditures of funds provided directly or indirectly by the CITY pursuant to the terms of this agreement. 9.5 Uniform Administrative Requirements: The CONTRACTOR agrees to maintain books, records and documents in accordance with accounting procedures and practices which sufficiently and properly reflect all expenditures of funds provided by the CITY under this Agreement. The CONTRACTOR is required to comply with the following uniform administrative requirements: a. Specific provisions of the uniform administrative requirements of OMB Circular A- 110, as implemented at 24 CFR Part 84, "Uniform Administrative Requirements for 5 Grants and Agreements with Institutions of Higher Education, Hospitals and Other Non-Profit Organizations." b. OMB Circukar A-122 "Cost Principles for Non-Profit Organizations" (a list of allowable and unallowable costs appears in Attachment B}. c. Applicable provisions of 24 CFR 570.502. 9.5 Lobbying Prohibition;_ The CONTRACTOR. shall certify that no federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person far influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal Agreement, the making of any federal grant, the making of any federal loan, the entering into of any cooperative Agreement, and the extension, continuation, renewal, amendment, or modification of any federal Agreement, grant, loan, or cooperative Agreement. The CONTRACTOR shall disclose to the CITY ifi any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal Agreement. 9.7 Section 3 Re uirements: The CONTRACTOR agrees to comply with afl Section 3 requirements applicable to contracts funded through this Agreement. Information on Section 3 is available from the CITY upon request. The CONTRACTOR shall include the following, referred to as the Section 3 Clause, in every solicits#ion and every contract for every Section 3 covered project: Section 3 Clause a. The work to be performed under this agreement is subject to the requirements of Section 3 of the Housing and Urban Development -Act of 1968, as amended, 12 U.S.C. 1701 (Section 3). The purpose of Section 3 is to ensure that employment and other economic opporkunities generated by HUD assistance or HUD-assisted projects covered by Section 3, shall to the greatest extent feasible, be directed to low-and very low-income persons, particularly persons who are recipients of HUD assistance for housing. b. The parties to this agreement agree to comply with HUD's requirements in 24 CFR Part 135, which impeement Section 3. As evidenced by their execution of this agreement, the parties to this agreement certify that they are under no contractual or other impediment that would prevent them from complying with the Part 135 regulations. c. The CONTRACTOR agrees to send to each labor organization or representative of workers with which the CONTRACTOR has a collective bargaining Agreement or other understanding, if any, a notice advising the labor organization or workers representative of the CONTRACTOR's commitment under this Section 3 clause, and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the Section 3 preference, shall set #arth minimum number and job titles subject to hire, availability of appren#iceship and training positions, the 6 qualifications for each, and the name and Eocation of the persons} taking applications for each of the positions, and the anticipated date the work shah begin. d. The CONTRACTOR agrees to include this Section 3 clause in every subcontract subject to compliance with regulations in 24 CFR Part 135, and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this Section 3 clause, upon a finding that the subcontractor is in violation of the regulations in 24 CFR Part 135. The CONTRACTOR will not subcontract with any subcontractor where the CONTRACTOR has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR Part 135. e. The CONTRACTOR will certify tha# any vacant employment positions, including training positions, that are filled (1) after the CONTRACTOR is selected but before the contract is executed and {2) with persons other than those to wham the regulations of 24 CFR Part 135 require employment opportunities to be directed, were not filled to circumvent the CONTRACTOR's obligations under 24 CFR Part 135. Noncompliance with HUD's regulations in 24 CFR Part 135 may result in sanctions, termination of this contract for default, and debarment or suspension firom future HUD assisted contracts. 9.8 Insurance: The CONTRACTOR shall furnish to the CITY, clo the Community Improvement ^epartment, certificates} of insurance evidencing coverage that meets the requirements outlined in Attachment C. 9.9 Property Any real property under the CONTRACTOR's control that was acquired or improved in whole or in part with CDBG funds received #rom the CITY in excess of $25,000 shall be either: a. Used to meet one of the three CDBG national objectives required by and defined in 24 CFR Part 570.208 for five years following the expiration or termination of this .agreement, or for such longer period of time as determined by the CITY; or b. Not used to meet a CDBG national objective, in which case the CONTRACTOR shall pay to the CITY an amount equal to the market value of the property as may be determined by the CITY, less any proporkionate portion of the value attributable to expenditures of non-CDBG funds for acquisition of, or improvement to, the property. Reimbursement is not required after the period of time specified in Paragraph 9.9.a., above. Any real property under the CONTRACTOR'S control that was acquired or improved in whole or in part wi#h CDBG funds from the CITY for $25,000 ar less shall be disposed of, at the expiration or termination of this contract, in accordance with instructions from the CITY. AEI real property purchased in whale or in part with funds from this and previous agreements with the CITY, or transferred to the CONTRACTOR after being purchased in whole or in part with funds from the CITY, shall be listed in the property records of the CONTRACTOR and shall include a legal description, size, date of acquisition, value at time of acquisition, present market value, present condition, address or location, owner's name if different from the CONTRACTOR, information an the transfer or disposition of the property, and map. The property records shall describe the programmatic purpose for which the property was acquired and identify the CDBG national objective that will be 7 met. If the property was improved, the records shall describe the programmatic purpose for which the improvements were made and identify the CDBG national objective that will be met. All nonexpendable personal property purchased in whole or in part with funds from this and previous agreements with the CITY shall be listed in the property records of the CONTRACTOR and shall include a description of the property, location, model number, manufacturer's serial number, date of acquisition, #unding source, unit cost at the time of acquisition, present market value, property inventory number, information on its condition, and information qn transfer, replacement, or disposition of the property. The CONTRACTOR shall obtain prior written approval from the CITY for the disposition of real property, expendable personal property, and nonexpendable personal property purchased in whale or in part with funds given to the CONTRACTOR pursuant to the terms of this agreement. -The CONTRACTOR shall dispose of all such property in accordance with instructions from the CITY. Those instructions may require the return of all such property to the CITY. 9.1 a Reversion of Assets: The CONTRACTOR shall return to the CITY, upon expiration or termination of #his Agreement, all the assets owned or held as a result of this Agreement, including, but not limited to any funds on hand, any accounts receivable attributable to these funds, mortgages, Hates, and other collateral and any overpayments due to unearned funds or costs disallowed pursuant to the terms of this Agreement that were disbursed to the CONTRACTOR by the CITY. The CONTRACTOR shall within 30 days of expiration or termination of this Agreement execute any and all documents as required by the CITY to effectuate the reversion of assets. Any funds Hat earned, as described and provided for in OMB A-122, by the CONTRACTOR prior to the expiration or termination of this Agreement shall be retained by the CITY. 9.11 Conflicts with Applicab_I_e Laws: If any provision of this agreement conflicts with any applicable law or regulation, onlythe conflicting provision shall be deemed by the parties hereto to be modified to be consistent with the law or regulation or to be deleted if modification is impossible. However, the obligations under this agreement, as modified, shall continue and all other provisions of this agreement shalt remain in full force and effect. 9.12 Renegotiation or Modification: Modifications of provisions of the agreement shall be valid only when in writing and signed by duly authorized representatives of each party. The parties agree to renegotiate this agreement if the CITY determines, in its sole and absolute discretion, that federal, State andlor CITY revisions of any applicable laws or regulations, or increases or decreases in budget allocations make changes in this agreement necessary. . 9.13 Riaht to Waive: The CITY may, for good and sufficient cause, as determined by the CITY in its sole and absolute discretion, waive provisions in this agreemen# or seek to obtain such waiver from the appropriate authority. Waiver requests from the CONTRACTOR shall be in writing. Any waiver shall not be construed to be a modification of this agreement. 8 .,::...:...,~ ~~ ...~. ;... .~. ,.., ,~;...r:.~.. ~.,: ,,. ... . 9.14 Disputes: In the event an unresolved dispute exists between the CONTRACTOR and the CITY, the CITY shall refer the questions, including the views of all interested parties and the recommendation of the CITY, to the City Manager for determination. The City Manager, or an authorized representative, will issue a determination within 30 calendar days of receipt and so advise the CITY and the CONTRACTOR, or in the event additional time is necessary, the CITY will notify the CONTRACTOR within the 30 day period that additional time is necessary. The CONTRACTOR agrees that the City Manager's determination shall be final and binding on all parties. 9.15 Indemnification: To the extent provided by law, the CONTRACTOR shall indemnify and hold harmless and defend the CITY, its agents, employees, and elected officers from and against any and all claims, demands or causes of action of whatsoever kind or nature arising out of error, omission, negligent act, conduct or misconduct by the CONTRACTOR, its agents, employees ar officers in the performance of services under this Agreement. IN WITNESS OF THE FOREGOING, the parties have set their hands and seals on the day and year written above. WITNESSES: FAIR HOUSING CENTER OF THE GREATER PALM BEACHES, INC. By: Print Print STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this ,~ day of , 2009, by ,who is personally known to me. NOTARY PUBLIC Sign Print Personally Known OR Produced Identification Type of Identification Produced: ATTEST: By: City Clerk Approved as to form: City Attorney CITY OF DELRAY BEACH, FLORIDA Mayor 9 ATTACHMENT "A" SCOPE OF SERVICES The major focus of the Fair Housing Center of the Greater Palm Beaches, Inc. under this Agreement will be to provide a minimum of five {5) Housing Industry Provider 1 Community Education. Sessions for residents of Delray Beach, including school-age children and community organizations, upon the following terms and conditions: a. Ail five (5) seminars and sessions will be accomplished during the effective date of the contract period October 1, 2008 through September 30, 2009). b. Each seminar or session will be conducted following notification of the Neighborhood Services Division regarding date, location and the submittal of supporting documentation (i.e. flyers, marketing tools, advertising efforts, etc.). c. Each seminarlsession must be adequately marketed to residents of Delray Beach, in an effort to ensure maximum participation and effectiveness {copies to be submitted to NS Division prior to seminarlsession}. d. Reimbursement of expenses will be provided upon completion of each seminarlsession, at the predetermined amount of $1,000.00 per seminarlsession, with the total maximum reimbursement not exceeding $5,000 {for the five seminarslsessions}. e. All seminarslsessions will be open to participants, free of charge f. -The Fair Housing Center of the Greater Palm Beaches, Inc. shall provide: Community Education Sessions for civic organizations, community based agencies, social service providers andlor schools within the municipal boundaries of the City of Delray Beach. These sessions shall be designated to educate the public and protected classes to identify incidents of discrimination in housing and to gain an understanding of the means to find remedies, to seek redress and relief. Sessions are to be conducted citywide on an ongoing basis during the program year. A minimum of three {3) sessions shall be conducted during the period beginning October 1, 2008 and ending September 30, 2009. One {1) of the sessions will focus on the education of children about housing discrimination. 2. Housing Industry Provider Education Seminars for developers, real estate brokers, properky managers, financial institutions, and the medialadvertising industry. The seminars shalt provide information on fair housing laws, Community Reinvestment Act regulations and affirmative marketing requirements. A minimum of two {2} seminars shall be conducted during the period beginning October 1, 2008 and ending September 30, 2009. ATTACHMENT "B" ALLOWABLE AND UNALLOWABLE COSTS UNDER OMB A-122 ITEM.OF COST ' ` FMB A-122 NONPROFITS _.. Unallowable` Allowable ___ Advertising ~ Bad debts ~ Banding ~ Communication ~ Compensation, personnel services ~ Contingency provisions ~ Contributions (ta others} ~ Depreciation, use allowance ~ Donations (from others} ~ Employee morale, health, welfare ~ Entertainment ~ Equipment ~~'* Fines, penalties ~ ~ Fringe benefits ~ Fund raising, interest, investment management ~ Idle facility, idle capacity ~ Insurance & indemnification ~ Interest Labor relations ~ Lobbying ~ Losses an other awards ~ Maintenance, repair ~ Materials, supplies ~ Memberships, subscriptions, professional activity ~ Organization costs ~** Overtime, shift premiums ~** Page charges in professional journals (research} ~ Participant support costs ~** Patent casts ~ Pension plans ~ Plant security ~ Pre-award costs ~** Professional services ~ Profits, lasses on asset disposition ~* Public information service ~*** Publication and printing costs ~*** Rearrangement, facility alteration ~** Reconversion costs ~ Recruiting ~ Relocation ~* Rental ~ * Allowable under limited circumstances. ** Allowable only with prior permission from the CITY. *** Allowable onEy as a direct cost with permission from the CITY. ATTACHMENT "B" ITEM OF COST OMB A=122 .NONPROFITS Unallowable W Allowable Royalties, use of patents, copyrights ~ Severance pay ~ Specialized service facilities ~ Taxes '~ Termination-related costs ~ Training, education ~ Transportation ~ Travel ~* * Allowable under limited circumstances. ** Allowable only with prior permission from the CITY. *** Allowable only as a direct cost with permission from the CITY. ATTACHMENT "C" INSURANCE REQUIREMENTS WORKER'S COMPENSATION This coverage shall include Worker's Compensation Insurance covering all employees and include Employer's Liability with limits meeting all applicable state and federal laws. This coverage must extend to any subcontractor that does not have their own Worker's Campensatiorf and Employer`s Liability Insurance. Thirty (30) days notice of cancellation is required and must be provided to the CITY via Certified Mail. COMMERCIAL GENERAL LIABILITY This coverage shall be on an "Occurrence" basis. Coverage shall include Premises and Operations; Independent Contractors' Products and Completed Operations and Contractual Liability. This policy shall provide coverage for death, personal injury or property damage that could arise directly or indirectly from the performance of this Agreement. The Minimum Limits of Coverage shall be {$1,000,400) per occurrence, Combined Single Limit far bodily Injury Liability and Property Damage Liability. THE CITY OF DELRAY BEACH MUST BE NAMED AS AN ADDITIONAL INSURED ON THE COMMERCIAL GENERAL LIABILITY POLICY. Thirty (30} days written notice must be provided to the CITY via Certified Mail in the event of cancellation. BUSINESS AUTOMOBILE LIABILITY The minimum limits of coverage shall be ($500,000) per occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This coverage shall be an "Any Auto" type policy. The CITY must be listed as an Additional Insured under the Policy. Thirty (30} days written notice must be provided to the CITY via Certified Mail in the event of cancellation. In the event that the CONTRACTOR does not own any vehicles, we will accept hired and non- owned coverage in the amounts listed above. !n addition, we will require an affidavit signed by the CDNTRACTOR indicating the following: does not awn any vehicles. "Company Name" In the event we acquire any vehicles #hroughaut the term of his ContractlAgreement, agrees to purchase "Any Auto" or "Company Name" Comprehensive Farm coverage as of the date of acquisition. The CONTRACTOR'S Signature: Line Item CD Funds Requested Applicant's Match Other Project Funds Total Project Budget ADMINISTRATION: Personnel (# ) Payroll Taxes Employee Benefits Office Supplies Copy Supplies Postage Telephone Promotional Professional Services Vehicle Fuel/Mileage Other: (Insurance, etc.) PROGRAM: Acquisition Reconstruction Rehabilitation Installation Demolition Training/Tech. Asst.* Direct Assistance** Rental of Space Purchase/Rental of E ui ment Professional Services for Clients Child Care Other: MEMORANDUM TO: Mayor and City Commissioners FROM: Lula Butler, Community Improvement Director Elizabeth Alpert, Neighborhood Services Administrator THROUGH: David Harden, City Manager DATE: December 19, 2008 SUBJECT: AGENDA ITEM 8.K. -REGULAR COMMISSION MEETING OF .TANUARY 6, 2009 COMMUNITY DEVELOPMENT BLOCK GRANT SUB RECIPIENT FUNDING AGREEMENT/URBAN LEAGUE OF PALM BEACH COUNTY ITEM BEFORE COMMISSION Approval is requested to execute an agreement for funding with the Urban League of Palm Beach County, Inc. for a Comprehensive Housing Counseling Program in an amount not to exceed $6,500.00 under the 2008-2009 Community Development Block Grant (CDBG) Program. BACKGROUND In accordance with 24 CFR 570.301, a Public Hearing was held before the City Commission on July 15, 2008, to obtain public comment on the proposed budget for the Community Development Block Grant Consolidated Action Plan for fiscal year 2008-2009. The Action Plan contains an appropriation for public service activity and was approved by the Commission. CDBG Program regulations at 24 CFR 570.503 require written agreements prior to the disbursement of funds to sub recipient organizations, specifying the work to be performed and reporting requirements, among other requirements, and governing provisions. These agreements have been developed in accordance with the stated regulations and have been reviewed and approved by the City Attorney for legal sufficiency and form. FUNDING SOURCE Community Development Block Grant 118-1966-554-83.01 RECOMMENDATION Staff recommends approval and execution of the attached agreement in order that funding may proceed in accordance with the Commission approved Action Plan for fiscal year 2008-2009. FY 2008-2009 COMMUNITY DEVELOPMENT BLOCK GRANT AGREEMENT between CITY OF DELRAY BEACH and URBAN LEAGUE 01= PALM_BEACH COUNTY,. INC. THIS AGREEMENT is entered into between the CITY OF DELRAY BEACH, a Florida municipal corporation, hereinafter referred to as "CITY," and URBAN LEAGUE OF PALM BEACH COUNTY, INC., hereinafter referred to as "the CONTRACTOR," having its principal office at 1700 North Australian Avenue, West Palm Beach, Florida 33407. WITNESSETH: WHEREAS, the CITY has entered into an Agreement with the U.S. Department of Housing and Urban Development (HUD) for a grant for the execution and implementation of a Community Development Block Grant {CDBG} Program in the CITY, pursuant to Title l of the Housing and Community Development Act of 1974 (as amender!}; and WHEREAS, the CITY desires to engage the CONTRACTOR to implement an activity of the Delray Beach CDBG Program; NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties hereto agree as follows: ARTICLE I DEFINITION AND PURPOSE 1. Definitions 1.1 "CDBG" means Community Development Block Grant program. 1.2 "HUD" means the U.S. Department of Housing and Urban Development. 1.3 "24 CFR" refers to the Section of the Code of Federal Regulations pertaining to the U.S. Dept. of HUD. 1.4 "Program Income" means gross income received, directly generated or earned from the use of CDBG funds. Program lncome includes, but is not limited to, interest earned on advances of federal funds or royalties received as a result of patents ar copyrights produced under this grant. 1.5 "OMB" means Office of Management and Budget. 1.6 "Low- and Moderate-Income" means a household whose income is within specified income limits set forth by HUD. 1.7 Property: a. "Real Property" means land, land improvements, structures, fixtures and appurtenances thereto, excluding movable machinery and equipment. b. "Personal Property" means personal property of any kind except real property. c. "Nonexpendable Personal Property" means tangible (i.e., physical} personal property of a nonconsumable nature, with a value of $800 or more per item, with a normal expected life of one or more years, not fixed in place, and not an integral part of a structure, facility or another piece of equipment. d. "Expendable Persona! Property" means al! tangible personal property other #han nonexpendable property. 2. Purpose The purpose of this Agreement is to state the covenants and conditions under which the CONTRACTOR will implement the Statement of Work set forth in Article li of this agreement. ARTICLE II ATEMENT OF WORK The CONTRACTOR shall carry out the activities specified in Attachment A, "Scope of Services." ARTICLE III FUNDING AND METHOD OF PAYMENT 3.1 The maximum amount payable by the CITY under this Agreement will be Six Thousand, Five Hundred Dollars and 001100 ( 6 500.00}. 3.2 The CITY will be billed by the CONTRACTOR and will disburse twelve (12) monthly payments in the amount of $541.66. Bills shall be submitted by the CONTRACTOR at least two weeks in advance. 3.3 Priar to receipt of CDBG funds (through reimbursement}, CONTRACTOR shall submit the following documentation no later than the 10th day of each month covered by this Agreement, in a format prescribed by the CITY: a. Monthly timesheets reflecting actual time worked (in accomplishing goals) by the CDBG funded position (Delray Beach Satellite Office Coordinator) and a completed Direct Benefit Activity form (monthly); b. Monthly grantee performance reports due no later than the 10th day of each month, showing summary statistics on race, ethnicity, and income level of clients served by the program. c. Monthly Project Budget, detailing requested funds, included in this agreement as "Attachment D." 3.4 Release of fiunds is subject #o the approval of the Director of Community Improvement. ARTICLE lV TERM OF AGREEMENT The term of this Agreement shall be from October 1, 2008, to September 30, 2009. ARTICLE V SUSPENSION AND TERMINATION 5.1 TerminationlSus erasion of Pa mentslA reement for Cause: If through any cause either party shall fail to fulfill in timely and proper manner its obligations under this Agreement, or if either party shall violate any of the. covenants, agreements, or stipulations of this Agreement, either party shall thereupon have the right to terminate this Agreement or suspend payments in whole or in part by giving written notice of such 2 termination or suspension of payments and specify the effective date of termination or suspension. If payments are withheld, the CITY shall specify in writing the actions that must be taken by the CONTRACTOR as a condition precedent to resumption of payments and shall specify a reasonable date for compliance. Sufficient cause for suspension of payments shall include, but not be limited to: a. ineffective or improper use of CDBG funds, b. failure to comply with the Statement of Work or terms of this Agreement, c. failure to submit reports as required, d. submittal of materially incorrect or incomplete reports, e. failure to comply with any additional conditions that may be imposed by HUD. 5.2 Termination for Convenience of City: The CITY may terminate this Agreement wi#hout cause at any time by giving at least ten (10} working days notice in writing to the CONTRACTOR. If this Agreement is terminated by the CITY as provided herein, the CONTRACTOR will be paid for allowable services performed under Article 11 of this Agreement until the effective date of the termination. 5.3 Termination for Convenience of the CONTRACTOR: At any time during the term of this Agreement, the CONTRACTOR may, at its option and for any reason, terminate this Agreement upon ten (10) working days written notice to the C1TY. Upan termination, the CONTRACTOR shall be paid for services rendered pursuant to this Agreement through and including the date of termination. ARTICLE VI RECORDS AND REPORTS 6.1 The CONTRACTOR agrees to retain supporting documentation relating to activities funded by this Agreement for a period of five years after the #ermination of the Agreement. 6.2 The CONTRACTOR shall submit quarterly reports in a format prescribed by the CITY per the schedule in Article IIf of this Agreement. 5.3 The CONTRACTOR agrees to submit upon request other documentation which may later be determined necessary to assure compliance with this Agreement. ARTICLE VII PROGRAM INCOME The CONTRACTOR agrees to expend CDBG funds for the purpose outlined in Article f of this Agreement. It is not anticipated that program income shall be generated from this allocation. However, such income, if generated, may be retained by the CONTRACTOR and used for costs that are in addition to the approved costs of this agreement, provided that such costs specifically further the objectives of this agreement. Under no circumstances shall the CONTRACTOR use program income to pay for charges or expenses that are specifically not allowed pursuant to the terms of this agreement and applicable federal regulations or rules. The use of program income by the CONTRACTOR shall comply with the requirements set forth at 24 CFR 570.504. 3 ..,...._ ...._ .......~......~ .....,, „ F „~....,, ,,......... .. „ .. . ARTICLE VIII PUBLICITY The CONTRACTOR shall ensure that ail publicity, public relations, advertisements and signs, recognize the CITY and the CDBG Program fior the support of all contracted activities. The use of the official CITY logo is permissible, but all signs used to publicize CITY contracted activities must be approved by the CITY prior to being posted. ARTICLE IX GENERAL CONDITIONS 9.1 Federal, State,, County and CITY Laws and Rec~uiations: The CONTRACTOR shall comply with applicable provisions of applicable federal, state, County, and CITY laws, regulations and rules, including OMB A-122, OMB A-21, OMB A-133. The CONTRACTOR shall comply with Section 504 of the Rehabilitation Act of 1973, as amended, which prohibits discrimination on the basis of handicap; Title VI of the Civil Rights Act of 1964, as amended, which prohibits discrimination an the basis of race, color, or national origin; the Age Discrimination Act of 1975, as amended, which prohibits discrimination on the basis of age; Title VII1 of the Civil Rights Act of 1968, as amended, and Executive Order 11063 which prohibits discrimination in housing on the basis of race, color, religion, sex, or national origin; Executive Order 11246, as amended which requires equal employment opportunity; and with the Energy Policy, amended and Conservation Act (Pub.L 94-163) which requires mandatory standards and policies relating to energy efficiency. The CONTRACTOR shall report its compliance with Section 504 of the Rehabilitation Act whenever so requested by the CITY. The CONTRACTOR shall comply with all. applicable requirements of the Americans with Disabilities Act (ADA} of 1990, including, but not limited to, those provisions pertaining to employment, program services, transportation, communications, access to facilities, renovations, and new construction. The CONTRACTOR shall comply-with all federal laws and regulations pertaining to environmental standards described in 24 CFR Subpart K, except that: a. The CONTRACTOR does not assume the CITY's environmental responsibilities described at 570.604, and b. The CONTRACTOR does .not assume the CITY's responsibility far initiating the review process under the provisions of 24 CFR part 52. 9.2 Opportunities for Residents and Civil Rights Complia__nce: The CONTRACTOR agrees that no person shall an the grounds of race, color, .national origin; religion, or sex be excluded from the benefits af, or be subjected to, discrimination under any- activity carried out by the performance of this. Agreement. To the greatest feasible extent, lower-income residents of the project areas shall be given opportunities for training and employment; and to the greatest feasible extent, eligible business concerns located in or owned in substantial part by persons residing in the project areas shall be awarded contracts in connection with the project. 9.3 Evaluation and Monitoring: The CONTRACTOR agrees that the CITY will carry out periodic monitoring and evaluation activities as determined necessary and tha# the 4 continuation and/or renewal of this Agreement is dependent upon satisfactory evaluation conclusions. Such evaluations will be based on the terms of this Agreement, comparisons of planned versus actual progress rely#ing to activity scheduling, budgets, audit reports, and output measures. The CONTRACTOR agrees to furnish upon request to the CITY and make copies of transcriptions of such records and information as is determined necessary by the CITY. The CONTRACTOR shall submit on a schedule set by the CITY and at other times upon request, information and status reports required by the CITY to enable the evaluation of said progress and to allow for completion of reports required of the CITY by HUD. The CONTRACTOR shall allow the CITY or HUD to monitor its- agency on site. Such site visits may be scheduled or unscheduled as determined by the CITY ar HUD. 9.4 Audits: Nonprofit organizations that expend $500,DD0 or more annually in federal awards shall have a single or program specific audit conducted accordance with OMB A-133. Nonprofit organizations that expend less than $500,000 annually in federal awards shall be exempt from an audit conducted in accordance with OMB A-133, although their records must be available for review. These agencies are required by the CITY to submit "reduced scope" audits (e.g., financial audits, performance audits}. Each audit shalt cover a time period of not more than 12 months and an audit shall be submitted covering each assisted period until ail the assistance received from this agreement has been reported on. A copy of the audit report must be received by the CITY no later than six months following each audit period. The CONTRACTOR shall maintain all records in accordance with generally accepted accounting principles, procedures, and practices which shall sufficiently and properly reflect all revenues and expenditures of funds provided directly or indirectly by the CITY pursuant to the terms of this agreement. 9.5 Uniform Administrative Re uirements: The CONTRACTOR agrees to maintain books, records and documents in accordance with accounting procedures and practices which sufficiently and properly reflect all expenditures of funds provided by the CITY under this Agreement. The CONTRACTOR is required to .comply with the following uniform administrative requirements: a. Specific provisions of the uniform administrative requirements of OMB Circular A- 110, as implemented at 24 CFR Part 84, "Uniform Administrative Requirements far Grants and Agreements with Institutions of Higher Education, Hospitals and Other Non-Profit Organizations." b. OMB Circular A-122 "Cost Principles for Non-Profit Organizations" (a list of allowable and unallowable costs appears in Attachment B). c. Applicable provisions of 24 CFR 570.502. 9.6 Lobbying Prohibition: The CONTRACTOR shall certify that no federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal Agreement, the making of any federal grant, the making of any federal loan, the entering into of any cooperative Agreement, and the extension, continuation, renewal, amendment, or modification of any federal Agreement, grant, loan, or cooperative Agreement. The CONTRACTOR shall disclose to the CITY if any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or 5 attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal Agreement. 9.7 Section 3 Requirements: The CONTRACTOR agrees to comply with all Section 3 requirements applicable to contracts funded through this Agreement. Information on Section 3 is available from the CITY upon request. The CONTRACTOR shall include the following, referred to as the Section 3 Clause, in every solicitation and every contract for every Section 3 covered project: Section 3 Clause a. The work #o be performed under this agreement is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701 {Section 3}. The purpose of Section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD-assisted projects covered by Section 3, shall to the greatest extent feasible, be directed to low-and very low-income persons, particularly persons who are recipients of HUD assistance for housing. b. The parties to this agreement agree to comply with HUD`s requirements in 24 CFR Part 135, which implement Section 3. As evidenced by their execution of this agreement, the parties to this agreement certify that they are under no contractual or other impediment that would prevent them from complying with the Part 135 regulations. c. The CONTRACTOR agrees to send to each labor organization or representative of workers with which the CONTRACTOR has a collective bargaining Agreement or other understanding, if any, a notice advising the labor organization or workers representative of the CONTRACTOR'S commitment under this Section 3 clause, and will post copies of the notice in conspicuous places at the work site where bath employees and applicants for training and employment positions can see the notice. The notice shall describe the Section 3 preference, shall set forth minimum number and job titles subject to hire, availability of apprenticeship and training positions, the qualifications for each, and the name and location of the person(s) taking applications far each of the posi#ions, and the anticipated date the work shall begin. d. The CONTRACTOR agrees to include this Section 3 clause in every subcontract subtect to compliance with regulations in 24 CFR Part 135, and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this Section 3 clause, upon a finding that the subcontractor is in violation of the regulations in 24 CFR Part 135. The CONTRACTOR will not subcontract with any subcontractor where the CONTRACTOR has notice 6r knowledge that the subcontractor has been found in violation of the regulations in 24 CFR Part 135. e. The CONTRACTOR will certify that any vacant employment positions, including training posi#ions, that are filled {1) after the CONTRACTOR is selected but before the contract is executed and (2) with persons other than those to whom the regulations of 24 CFR Part 135 require employment opportunities to be directed, were not filled to circumvent the CONTRACTOR'S obligations under 24 CFR Part 135. 6 f. Noncompliance with HUD's regulations in 24 CF'R Part 135 may result in sanctions, termination of this contract for default, and debarment or suspension from future HUD assisted contracts. 9.8 Insurance: The CONTRACTOR shall furnish to the CITY, clo the Community Improvement Department, certificate(s) of insurance evidencing coverage that meets the requirements outlined in Attachment C. 9.9 Property: Any real property under the CONTRACTOR's control that was acquired or improved in whole or in part with CDBG funds received from the CITY in excess of $25,OOQ shall be either: a. Used to meet one of the three CDBG national objectives required by and defined in 24 CFR Part 57Q.208 far five years following the expiration or termination of this agreement, or for such longer period of time as determined by the CITY; or b. Not used to meet a CDBG national objective, in which case the CONTRACTOR shall pay to the CITY an amount equal to the market value of the property as may be determined by the CITY, less any proportionate portion of the value attributable to expenditures of non-CDBG funds for acquisition of, or improvement to, the property. Reimbursement is not required after the period of time specified in Paragraph 9.9.a., above. Any real property under the CONTRACTOR's control that was acquired or improved in whole or in part with CDBG funds from the CITY for $25,000 or less shall be disposed of, at the expiration or termination of this contract, in accordance with instructions from the CITY. All real property purchased in whole or in part with funds from this and previous agreements with the GITY, or transferred to the CONTRACTOR after being purchased in whole or in part with funds from the CITY, shall be .listed in the property records of the CONTRACTOR and shall include a legal description, size, date of acquisition, value at time of acquisition, present market value, present condition, address or location, owner's name if different from the CONTRACTOR, information on the transfer or disposition of the property, and map. The property records shall describe the programmatic purpose for which the property was acquired and identify the CDBG national objective tha# will be met. If the property was improved, the records shall describe the programmatic purpose far which the improvements were made and identify the CDBG national objective that will be met. All nonexpendable personal property purchased in whole or in part with funds from this and previous agreements with the CITY shat[ be listed in the property records of the CONTRACTOR and shall include a description of the property, location, model number, manufacturer's serial number, date of acquisition, funding source, unit cost at the time of acquisition, present market value, property inventory number, information on its condition, and information on transfer, replacement, or disposition of the property. The CONTRACTOR shall obtain prior written approval from the CITY for the disposition of real property, expendable personal property, and nonexpendable personal property purchased in whale or in part with funds given to the CONTRACTOR pursuant to the terms of this agreement. The CONTRACTOR shall dispose of all such property in accordance with instructions from the CITY. Those instructions may require the return of al! such property to the CITY. 7 9.10 Reversion of Assets: The CONTRACTOR shall return to the CITY, upon expiration or termination of this Agreement, all the assets awned ar held as a result of this Agreement, including, but not limited to any funds on hand, any accounts receivable attributable to these funds, mortgages, notes,. and other collateral and any overpayments due to unearned funds or costs disallowed pursuant to the terms of this Agreement that were disbursed to the CONTRACTOR by the CITY. The CONTRACTOR shall within 30 days of expiration or termination of this Agreement execute any and all documents as required by the CITY to effectuate the reversion of assets. Any funds not earned, as described and provided for in OMB A-122, by the CONTRACTOR prior to the expiration or termination of this Agreement shall be retained by the CITY. 9.11 Conflicts_with_A~plicable Laws: If any provision of this agreement conflicts with any applicable law or regulation, only the conflicting provision shall be deemed by the parties hereto to be modified. to be consistent with the .law or regulation ar to be deleted if modification is impossible. However, the obligations under this agreement, as modified, shall continue and all other provisions of this agreement shall remain in full force and effect. 9.12 R~nec~otiation or Modification: Modifications of provisions of the agreement shall be valid only when in writing and signed by duly authorized representatives of each party. The parties agree to renegotiate this agreement if the CITY determines, in its sale and absolute discretion, that federal, State andlor CITY revisions of any applicable laws or regulations, or increases or decreases in budget allocations make changes in this agreement necessary. 9.13 Right to Waive: The CITY may, for gaol and sufficient cause, as determined by the CITY in its sole and absolute discretion, waive provisions in this agreement or seek to obtain such waiver from the appropriate authority. Waiver requests from the CONTRACTOR shall be in writing. Any waiver shall not be construed to be a modification of this agreement. 9.14 Disputes: In the event an unresolved dispute exists between the CONTRACTOR and the CITY, the CITY shall refer the questions, including the views of all interested parties and the recommendation of the CITY, to the Ci#y Manager for determination. The City Manager, or an authorized .representative, will-issue a determination within 3Q calendar days of receipt and so advise the CITY and the CONTRACTOR, or in the event additional time is necessary, the CITY will notify the CONTRACTOR within the 30 day period that additional time is necessary. The CONTRACTOR agrees that the City Manager's determination shall be final and binding an all parties. 9.15 Indemnification: To the extent provided by law, the CONTRACTOR shall indemnify and bald harmless and defend the CITY, its agents, employees, and elected officers from and against any and all claims, demands ar causes of action of whatsoever kind ar nature arising out of error, omission, negligent act, conduct or misconduct by the CONTRACTOR, its agents, employees or officers in the performance of services under this Agreement. S IN WITNESS OF THE FOREGOING, the parties have set their hands and seals on the day and year written above. WITNESSES: URBAN LEAGUE OF PALM BEACH COUNTY, INC. By: Print Print STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this day of , 200_, by ,who is personally known to me. NOTARY PUBLIC Sign Print Personally Known OR Produced Identification Type of Identification Produced: ATTEST: City Clerk Approved as to form: City Attorney CITY OF DELRAY BEACH, FLORIDA By: Mayor 9 ATTACHMENT "A" SCOPE OF SERVICES The major focus of the Urban League of Palm Beach County, Inc. under this Agreement will be to administer a Comprehensive Housing Counseling Program for eligible residents of Delray Beach. At least 59 % of the beneficiaries of a project funded under this Agreement must be low- and modera#e-income persons (as determined annually by HUD for the area). The program is designed to enable clients to make informed and reasonable decisions in achieving their housing goals or to assist in resolving their housing problem by using all available resources. In support of these efforts, CDBG funds will be used to offset costs associated with one part-time service delivery position {Delray Beach Satellite Office Coordinator). Supported services under this Agreement include the following: a. Mortgage application assistance b. Pre-mortgage counseling c. Default mortgage counseling . d. Money management e. Emergency intervention {including food, energy & shelter assistance) f. Housing discrimination referrals g. Section 8 Housing application guidance h. Reverse mortgage counseling ATTACHMENT "B" ALLOWABLE AND UNALLOWABLE COSTS UNDER OMB A-122 ITEM OF COST ' OMB A-.122 NONPROFITS Unallowable Allowable Advertising ~ Bad debts ~ Bonding ~ Communication ~ Compensation, personnel services ~ Contingency provisions ~ Contributions {ta others} ~ Depreciation, use allowance ~ Donations (from others} ~ Employee morale, health, welfare ~ Entertainment ~ Equipment ~** Fines, penalties ~ Fringe benefits ~ Fund raising, interest, investment management ~ Idle facility, idle capacity ~ Insurance & indemnification ~ Interest Labor relations ~ Lobbying ~ Losses an other awards ~ Maintenance, repair ~ Materials, supplies ~ Memberships, subscriptions, professional activity ~ Organization costs ~** Overtime, shift premiums ~** Page charges in professional journals (research} ~ Participan# support costs ~** Patent casts ~ Pension plans ~I Plant security ~ Pre-award costs ~** Professional services ~ Profits, losses on asset disposition ~* Public information service ~*** Publication and printing casts ~*** Rearrangement, facility alteration ~** Reconversion costs ~ Recruiting ~ Relocation ~* Rental ~( * Allowable under limited circumstances. *~ Allowable only with prior permission from the CITY. *** Allowable only as a direct cost with permission from the CITY. ATTACHMENT "B" 1TEM OF:COST OMB A-'E22 NONPROFITS Unallowable Allowable Royalties, use of paten#s, copyrights ~ Severance pay ~ Specialized service #acilities ~ Taxes ~ Termination-relates! casts ~ Training, education ~ Transportation ~ Travel ~* * Allowable under limited circumstances. ** Allowable only with prior permission from the CfTY. *** Allowable only as a direct cost with permission from the CITY. ATTACHMENT "C" INSURANCE REQUIREMENTS WORKER'S COMPENSATION This coverage shall include Worker's Compensation Insurance covering all employees and include Employer's Liability with limits meeting all applicable state and federal laws. This coverage must extend to any subcontractor that does not have their awn Worker's Compensation and Employer's Liability Insurance. Thirty (30} days no#ice of cancellation is required and must be provided to the CITY via Certified Mail. COMMERCIAL GENERAL LIABILITY This coverage shall be on an "Occurrence" basis. Coverage shall include Premises and Operations; Independent Contractors' Products and Completed Opera#ions and Contractual Liability. This policy shall provide coverage for death, personal injury or property damage that could arise directly or indirectly from the performance of this Agreement. The Minimum Limits of Coverage shall be ($1,00O,OOD) per occurrence, Combined Single Limit for bodily Injury Liability and Property Damage Liability. THE CITY OF DELRAY BEACH MUST BE NAMED AS AN ADDITIONAL INSURED ON THE COMMERCIAL GENERAL LIABILITY POLICY. Thirty (30} days written notice must be provided to the CITY via Certified Mail in the event of cancellation. . BUSINESS AUTOMOBILE LIABILITY The minimum limits of coverage shall be ($500,000) per occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This coverage shall be an "Any Auto" type policy. The CITY must be listed as an Addi#ional ]nsured under the Policy. Thirty (30) days written notice must be provided to the CITY via Certified Mail in the event of cancellation. In the event that the CONTRACTOR does not awn any vehicles, we will accept hired and non- owned coverage in the amounts listed above. In addition, we will require an affidavit signed by the CONTRACTOR indicating the following: "Company Name" does not own any vehicles. In the event we acquire any vehicles throughout the term of his CantractlAgreement, agrees to purchase "Any Auto" or "Company Name" Comprehensive Form coverage as of the date of acquisition. The CONTRACTOR's Signature: Line Item CD Funds Requested Applicant's Match Other Project Funds Total Project Budget ADMINISTRATION: Personnel (# ) Payroll Taxes Employee Benefits Office Supplies Copy Supplies Postage Telephone Promotional Professional Services Vehicle Fuel/Mileage Other: (Insurance, etc.) PROGRAM: Acquisition Reconstruction Rehabilitation Installation Demolition Training/Tech. Asst.* Direct Assistance** Rental of Space Purchase/Rental of E ui ment Professional Services for Clients Child Care Other: MEMORANDUM TO: Mayor and City Commissioners FROM: Linda Karch, Director of Parks and Recreation THROUGH: David Harden, City Manager DATE: December 29, 2008 SUBJECT: AGENDA ITEM 8.L. -REGULAR COMMISSION MEETING OF .TANUARY 6, 2009 AGREEMENT/PALM BEACH COUNTY-DELRAY DIVAS &DELRAY DIAMONDS ITEM BEFORE COMMISSION Request approval of an Agreement with Palm Beach County for reimbursable funding, not-to-exceed $5,000, through the Recreation Assistance Program (RAP) for the Delray Divas Step Teams and Delray Diamonds and Pearls Dance Team. BACKGROUND The Delray Divas Step Teams consist of three teams, Seniors, Juniors and Baby Divas, ranging from age 6 to 18, who participate in presentations and competitions throughout the state. Pompey Park implemented the step dance program in the year 2004. Since that time the Divas have been invited to appear and perform at Walt Disney World's Performing Arts and Florida International University's Homecoming Step Show and have competed in the Pahokee High School Step Show, Duck Fest Derby in Fort Lauderdale, Step Off Extravaganza in St. Petersburg and many more. The Delray Diamonds and Pearls Dance Team was introduced in 2008 and have already competed in Orlando, Fl. Funding will assist and provide support with the general operation of the three Delray Divas Step Teams and the Diamonds and Pearls Dance Team. RECOMMENDATION Parks and Recreation Department recommends approval of the Agreement with Palm Beach County for a reimbursable amount up to $5,000.00. AGREEMENT BETWEEN PALM BEACH COUNTY AND THE CITY OF DELRAY BEACH FOR FUNDING OF THE DELRAY DIVAS STEP TEAMS AND DELRAY DIAMONDS AND PEARLS STEP TEAM THIS AGREEMENT is made and entered into on , by and between Palm Beach County, a political subdivision of the State of Florida, hereinafter referred to as "County", and the City of Defray Beach, a Florida Municipal Corporation, hereinafter referred to as "Delray Beach". W ITN ESSETH; WHEREAS, Delray Beach sponsors three (3) Defray Divas Step teams and the Delray Diamonds and Pearls dance team (the "Teams"}; and WHEREAS, Delray Beach will host two step shows and one dance competition for the Teams; and WHEREAS, the purpose of the Teams is to expose the public to non-traditional competitions that support teamwork and self confidence for the participants; and WHEREAS, approximately seventy five (75) youth participate in the Teams: and WHEREAS, expenses for the Teams are approximately $5,000 annually for awards and prizes for competition winners, uniforms and equipment, a sound technician for competitions, and other miscellaneous expenses relating to the Teams; and WHEREAS, Delray Beach has requested from County an amount not to exceed $5,000 to help offset costs for Teams' expenses; and WHEREAS, County desires to provide funding to help offset costs for the Teams; and WHEREAS, funding for the Teams in an amount not to exceed $5,000 is available from the Recreation Assistance Program (RAP) _ District 7; and WHEREAS, Delray Beach's recreational programs are deemed to serve a public purpose; and WHEREAS, both parties desire to enter into this Agreement. NOW THEREFORE, in consideration of the covenants and promises contained herein, the parties hereby agree to the following terms and conditions: 3 . County agrees to fund an amount not to exceed $5,000 to Delray Beach for Teams' costs. for awards and prizes for competition winners, uniforms and equipment, a sound technician for competitions, and other miscellaneous expenses relating to the Teams, as set forth in Exhibit "A", attached hereto and incorporated herein, hereinafter referred to as the "Project". 2. County will use its best efforts to provide said funds to Delray Beach on a reimbursement basis within forty-five (45) days of receipt of the fallowing information: a. A written statement that the Project, as specified herein, was carried out in accordance with this Agreement; and b. A Contract Payment Request Farm and a Contractual Services Purchases Schedule Form, attached hereto and made a part hereof as Exhibit "B" which are required for each and every reimbursement requested by Delray Beach. Saul information shall list each invoice paid by Delray Beach and shall include the vendor invoice number; invoice date; and the amount paid by Delray Beach aiang with the number and date of the .respective check or proof of payment far said payment. Delray Beach shah attach a copy of each vendor invoice paid by Delray Beach aiang with a copy of the respective check or proof of payment and shall make reference thereof to the applicable item listed on the Contractual Services Purchases Schedule. Further, Delray Beach's Program Administrator and Project Financial officer shall certify the total funds spent by Delray Beach on the Project and shall also certify that each vendor invoice, as listed on the Contractual Services Purchases Schedule was paid by Delray Beach and approved by Delray Beach as indicated. 3. Delray Beach incurred expenses for the Project beginning on January 1, 2009. Those casts incurred by Delray Beach far the Project, approved and submitted accordingly by Delray Beach subsequent to January 1, 2409, are eligible for reimbursement by County pursuant to the terms and conditions hereof. ~4. RAP funds maybe used as a match for other local, state, or federal grant programs, but Delray Beach may not submit reimbursement requests for the same expenses to the County as other fund sources to receive duplicate reimbursement far the same expanses. 5. Delray Beach agrees, warrants, and represents that all of the employees and participants in the Project were treated equally during employment, and for the provision of services without regard to residency, race, color, religion, disability, sex, age, national origin, ancestry, marital status, sexual orientation, gender identity, or expression. 6. Delray Beach shall be responsible for the operation and maintenance of the Project, including all associated Project costs. 7. The term of this Agreement shall be until October 1, 2009, commencing upon the date of execution by the parties hereto, !n the event Defray Beach fails to cure the default within the thirty (30) day cure period, the County shall have no further obligation to honor reimbursement requests submitted by Delray Beach far the Project deemed to be in default and Defray Beach shall return any County FLAP funds already collected by Delray Beach for the Project. 9. Notwithstanding any provision of this Agreement to the contrary, this Agreement maybe terminated by the County, without cause, upon thirty (30) days prior written notice to the other party. This Agreement may be terminated by the County with cause, upon expiration of the thirty (30) day cure period provided for in Section 8 above. 10. Delray Beach must complete the Project by July 1, 2009, and invoices and checks submitted for reimbursement must be dated within the project time frame of January 1, 2009, through July 1, 2fl09. Delray Beach shall provide its final reimbursement request(s), including a project completion statement and reimbursement documentation as indicated in Section 2 above on or before October t , 2009. Upon written notification to County at least ninety (90) days prior to that date Delray Beach may request an extension beyond this period for the purpose of completing the Project. County shall not unreasonably deny Delray Beach's request far said extension. 11. In the event Delray Beach ceases to exist, or ceases or suspends the Project for any reason, any remaining unpaid portion of the Agreement shall be retained by County, and County shall have no further obligation to honor reimbursement requests submitted by Delray Beach. The determination that Delray Beach has ceased or suspended the Project shall be made by County and Delray Beach agrees to be bound by County's determination. 12. Delray Beach agrees to abide by, and be governed by, all applicable federal, state, county, and municipal laws, including but not limited to, Palm Beach County's ordinances, as said laws and ordinances exist and are amended from time to time. !n entering into this Agreement, Palm Beach County does not waive the requirements of any County or focal ordinance or the requirements of obtaining any permits or licenses normally required to conduct business or activity conducted by Delray Beach. Failure to comply may result in County's refusal to honor reimbursement requests for the Project. t 3. County reserves the right to withhold reimbursement if the Project is not competed as specified in Exhibit "A" 14. It is understood and agreed that Delray Beach is merely a recipient of County funding and is an independent contractor and is not an agent, servant or employee of County or its Board of v+iaiving the right to sovereign immunity as provided by Section 768.28, Florida Statutes, in the event a maim or lawsuit is brought against County or any of its officers, agents or employees, Delray Beach shall indemnify, save and bald harmless and defend the County, its officers, agents, andlor employees from and against any and all claims, liabilities, lasses, judgments, andlor causes of action of any type arising out of ar relating to any act or omission of Delray Beach, -its agents, servants andlor employees in the performance of this Agreerrient, The foregoing indemnification shall survive termination of this Agreement. Inconsideration for reimbursement of casts incurred prior to the term of this Agreement, the foregoing indemnification shall apply not only during the term of this Agreement but also for the period prior to the Agreement for which Delray Beach is eligible to receive reimbursement from the County. 15. Without waiving the right to sovereign immunity as provided by Section 768.2$, Florida Statutes, Delray Beach acknowledges to be self-insured for General Liability and Automobile Liability under Florida sovereign immunity statutes with coverage limits of $104,000 Per Person and $200,000 Per Occurrence; or such monetary waiver limits that may change and beset forth by the legislature. In the event Delray Beach maintains third-party commercial General Liability and Business Auto Liability in lieu of exclusive reliance an self-insurance under Section 768.28, Florida Statutes, Delray Beach shall agree to maintain said insurance policies at limits not less than $540,000 combined single limit for bodily injury or property damage. Delray Beach agrees to maintain or to be self-insured for Worker's Compensation & Employer's Liability insurance in accordance with Florida Statutes 440. Prior to execution of this Agreement by the County, Delray Beach shat! deliver to the County an affidavit or Certificate of lnsurance evidencing insurance, self-insurance, andlor sovereign immunity status, which County agrees to recognize as acceptable far the above mentioned coverages. Certificate holder's address shall read Palm Beach County, cIo Parks and Recreation Department, 2700 Sixth Avenue South, Lake Worth, FL 33461, Attention: Administrative Support Manager. Compliance with the foregoing requirements shall not relieve Delray Beach of its liability and obligations under this Agreement. 16. Upon request by County, Delray Beach shall demonstrate financial accountabilitythraugh sufficiently and properly reflect alf casts of any nature expended in the performance of this Agreement far a period of not less than five (5) years. Upon advance notice to Delray Beach, County shall have the right to inspect and audit said books, records, documents and other evidence during normal business hours. 18. The County and Defray Beach may pursue any and all actions available under law to enforce this Agreement including, but not limited to, actions arising from the breach of any provision set forth herein. 19. This Agreement shall be governed by the laws of the State of Florida and any and all legal action necessary to enforce this Agreement shall be held in Palm Beach County. 20, As provided in Section 287.132-133, Florida Statutes, by entering into this Agreement or performing any work in furtherance hereof, Delray Beach certifies that it, its affiliates, suppliers, subcontractors and consultants who will perform hereunder, have not been placed on the convicted vendor list maintained by the State of Florida Department of Management Services within the'thirty six X36} months immediately preceding the date hereof. This notice is required by Section 287.133 (3) (a), Florida Statutes. 21. This Agreement represents the entire agreement between the parties and supersedes all other negotiations, representations, oragreements, either written or oral, relating to this Agreement. The Agreement maybe modified and amended only by written instrument executed by the parties hereto, 22. Any notice given pursuant to the terms of this Agreement shall be in writing and hand delivered or sent by U.S. mail. All notices shall be addressed to the following; As to the County: Director of Parks and Recreation Palm Beach County Parks and Recreation Department -2700 Sixth Avenue South Lake Worth, Florida 33461 As to Delray Beach: City Manager Gity of Delray Beach 100 N.W: lst Avenue Delray Beach, Fl_ 33444 23. This Agreement is made solely and specifically among and for the benefit of the parties hereto, and no other person shall have any rights, interest, or claims hereunder or be entitled to any benefits .under or on account of this Agreement as a third-parry beneficiary ar otherwise. Agreement on the date first above written. ATTEST: SHARON R. BOCK, Clerk & Comptroller ey: Deputy Clerk ATTEST. By: Deputy Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY By: County Attorney PALM BEACH COUNTY, FLORIDA, BY ITS BOARD OF COUNTY COMMISSIONERS Commissioner John >_. Koons, Chairman CITY OF DELRAY BEACH By: Mayor APPROVED AS TO TERMS AND CONDITIONS By: Dennis k.. Eshleman, Director Parks and Recreation Department Name of Mayor: Rita Ellis Name of City Manager: David Barden Project Liaison Information: David Ricks Name: Telephone #: ~~~ -2.43-359 FaX #: 56'[ -243-7342 e-mail: ricksG~ci.delra beach.~l.us PROd~ECT INFORMATION Name of Project: Defray Divas Step Team and Delray Pearls 2. Project Description . • Genera[ {Project Scope): to assist and provide support with the general operation of the three Delray Divas Step Teams and the Diamonds and Pearls Dance Team. t/llill host two step shaves and one dance competition • Public Purpose: will enable the public to be exposed to non traditional team competitions that support teamwork and self confidence • Location: Pompey Parr '1101 NW 2~d Street Delray Beach, Florida 33444 • Anticipated Number of ParticipantslUsers: 75 3. Project Elements: List anticipated broad categories of Expenditure Items such as capital outlay, contractual services, personnel costs, operational expenses, equipment, and "Other Miscellaneous Project expenses". Do nod include expenditure line item budget! amounts. Awards and prizes for step team and dance team winners Uniforms and equipment for Divas and Diamonds and Pearls Sound technician for competition 4. Estimated Lump Sum Total for Project: ~ 5 000 5. Project Initiation date {date of first invoice for which reimbursement will be requested) and anticipated End date {date which project will be completed and all invoices paid), Janua 1 2009 to July 1, 2009 Note: Invoices and copies of proof of payment documents will be required far PrajectlProgram reimbursement after the RAP Agreement is approved by the Board of County Commissioners. Do not submit reimbursement documentation at this time. After the Agreement is approved, and the reimbursement request is submitted, ail invoices and checks must be dated within the stated project time frame AND Categories for Project Elements must be listed in Section 3 above in order to be eligible for RAP reimbursement. 6. Required Attachments: Certificate of insurance ~ Amount of Recreation Assistance Program. Funding awarded. $ 5 000 District 7 Grantee: Project Name: Submission #: Reimbursement Period: Item K_ e~ Contractual Services Salary & W ages (% of salaries) Materials, Supplies, Direct Purchases Equipment Travel Indirect Casts TOTAL PROJECT COSTS (D) ts} (M) (iw} {T) (i1 Project Costs This Submission Cumula#ive Project Costs € C =Contractual Services S =Salary & Nlages KeV 1-.2gend M =Materials, Supplies, [7irect Purchases ': ~ =Equipment T =Travel I =Indirect Costs Certification: I hereby certify that the above Certification: I hereby certify that the documentation has expenses were incurred for the work identified as been maintained as required to support the project being accomplished in the attached progress expenses reported above and is available for audit upon reports. request. Rdministrator Date Financial Officer Date PBC USE ONLY County Funding Participation Total Project Costs To Date: County Obligation To Date County Retainage ( %} County Funds Previously Disbursed County Funds Due this Billing Reviewed and Approved By: F~RC`, l~rniar_t Ar~lrr~ini_ctratnr 17at~? >C to W.. Z ~ W ~ ~ V t- N Z w ~ © t~ c°o~ H to ~V m~ ~~w ~Q¢ Q Q d ~ Z O V o p Q .~ r~ t~ v i ai ~ ~ Z U ~ (~ U ~ • n, -.. a ~ U ~ ct tfY U d U ~ ~ d~ ° ~ ~; ~ U N :..1 ~ ~ ~ m ~ ~ ~ ~ ~ ~~ ui ~ V ~~ ~~ ~~m.~~•- o ~ ~ ~~~ c~cn~ua~ ~ t3 v) ~ ut ~- -- _ _51~. ~ c E ~ .~ C'' c!s '~ ~ `~ c~ ~ ~ .~ Q~ ~ ~s o ~' ~ .~ c ~ ~ ~ ~~ ~ ~ U ~ "CS ~ ~ ~ ~, n ~ Q c ~ c~ ~ a }, ~ ~ c~ a~ ~~ o ~~ ~ ~ ~ ~ cs ~ c~ ~ ~ o vs ~ n '~ ~- ~ ra c~ ~ ~ ~s ~ ~ v ~ '~ ~ ~ c --~ ~ E ~ ~ ~, ~ ~ ~ ~ ~ ~ ~ o ~ o ~s Z ~ ~~ U~ ~ a~ ~ © ~ o a ~ V L N U ~ O `~ ~ n Z -o 0 ~ I [ t{ [ I ~ ~ ([ EE ~ ~ I ~ ~ ( [ i ~ E 1 E ~.. ~_ ~_ a Iw a ~ ..-. R ~ ~ m ~ • ~ O i. Q 4 /y S.. ~ ~ ~ - +~ ~~ Q a ..' ~ a r~ X :a X 11.i L1 4'~`AC'x CO ~~ *~ z. f ~54 ~ORI~~ t.7epartntent of Parks and ttecreatiar~ 27€30 6th Avenue South Lahe vVarth. FL 33461 {5G1) 966-66(3f3 Fax: (561) 9G6-6734 www.pbcparks.com Patin Beach County t3aard of County Garnrnissianers Jeff Koons, Chairman Burt Aaronson, Vice Chairman Karen T. Marcus Shelley Vona Mary NtcCarty Jess £t. Santamaria Addie L. Greene County Administrator RoberC Weisman I - ` "~i ~ ,°~ '_,' , i-' o'~~ `e',l ~~~,1~~~~1~!~~. l`~~a~;~~i,~'~'~flll. rre~~ ~r ':4n Bgua! Opportunity .9Jfirma[iveACtion ~nployer" ~ ~~ ~ ~~~ ~o~lN~srr~ATty S ~R~V ~ G~S ^ecember ~ 2, 2008 Mr. Bob Barcinski Assistant City Manager City of Delray Beach City Hall, 100 N.W. First Avenue Delray Beach, FL 33444 RE: PALM BEACH COUNTY RECREATION ASSISTANCE PROGRAM (RAP) FUNDING AGREEMENT FOR THE DELRAY DIVAS STEP TEAMS AND DELRAY DIAMONDS AND PEARLS DANCE TEAM Dear Mr. Barcinski: Attached for execution on behalf of the City of Delray Beach is a funding Agreement in an amount not-to-exceed $5,000 to help offset program costs for the Delray Divas Step Teams and Delray Diamonds and Pearls Dance Team. This funding is from the Recreation Assistance Program CRAP) District 7. The Agreement allows for reimbursement ofi eligible expenses incurred within the time firarne of January, 2009, through July 1, 2009. Expenses eligible for reimbursement include wards and prizes for competition winners,. uniforms and equipment, a sound technician for competitions, and other miscellaneous expenses relating to the teams. Please obtain signature ofi this Agreement on behalf ofi the City of Delray Beach and return both originals to me for placement on the agenda for approval by the Board ofi County Commissioners. The financial forms (Exhibit B} should not be completed or submitted until after the fully executed Agreement has been approved by Palm Beach County. If you have any questions on the Agreement, please call Susan Yinger, Administrative Support Manager, at 966-6653. On behalf of Commissioner Addie L. Greene and the Board of County Commissioners, we are pleased to assist Delray Beach with costs for this youth athletic program. Sincerely, ~ir~~~~':~/"`~.~/ Dennis ~.. Eshleman, ^irector Parks and Recreation Department DLE/SWY Attachment: Twn Originals of RAP Agreement far Execution and Return Copy to Commissioner Addie L. Greene, District 7 David Ricks (Pompey Park Recreation Center, 1101 N.W. 2~'d Averiue, Delray Beach, FL 33444) ~~ prinfed on recycled paper MEMORANDUM TO: Mayor and City Commissioners FROM: Fire-Rescue Chief David C. James Division Chief Danielle Connor THROUGH: David T. Harden, City Manager DATE: December 29, 2008 SUBJECT: AGENDA ITEM 8.M. -REGULAR COMMISSION MEETING OF .TANUARY 6, 2009 PALM BEACH COUNTY EMERGENCY MEDICAL SERVICES GRANT ITEM BEFORE COMMISSION This item is being presented to City Commission to accept the Palm Beach County Emergency Medical Services (EMS) Grant in the amount of $43,880.00 from the EMS County Grant Award Program, and to authorize staff to submit a letter of confirmation to PBC Division of Emergency Management to officially accept the grant award and the State and County grant requirements. BACKGROUND The City of Delray Beach Fire Rescue was notified by the PBC Division of Emergency Management on December 17, 2008 that the City will receive $43,880.00 from the EMS County Grant Award Program. The grant funds were awarded and approved for the City to purchase four (4) Glide Scope Ranger fiber optic laryngoscopes. This reimbursement grant package was approved by the Board of County Commission at their December 16, 2008 meeting. In accordance with the grant notification letter, Palm Beach County has instructed the City of Delray Beach Fire-Rescue to provide a letter of confirmation from the Agency's Administrator concurring with the grant award amount, the activities and expenditure plans, and the assurances that the City of Delray Beach will comply with the State and County Grant Award requirements, including reporting. RECOMMENDATION The City of Delray Beach Fire-Rescue respectfully requests City Commission approval to officially accept the EMS County Grant Award in the amount of $43,880.00. ~~~ ~~~RI~~ ®ecember 17, 2008 I)epartre~ent of Public Safety D!R-025-08-L )zvision of l;mergency Management 20 s. Mii;tary Tra;l EMS Division Chie~Danielle Coz~nar west Palm seach, ~~. 3341s Delray Beach Fire Rescue (s~i) 712-6400 SOl VJ. Atlantic Ave. lax: (561) 712-6464 Delray Beach, FL 33444 wrvrv.nl?c~nv.co~ Dear Chief Connor: RE: EMS Grant C80 ~ This is to inform you your application request was approved. Your agency will receive $43,880.00 from the EMS Grant Award Program. Please see the attached information sent to the Board of County Commissioners regarding Palm Beach county this application. Board of County Commissioners The EMS Grant package was presented to and approved by the Board of JeffKaans, chairman palm Beach County Commissioners at their December 16, 200$ meeting. surf Aaronson, v;~ Cha;r The EMS Grant package will now be forwarded to the State EMS Office for Karen ~. Marcus their execution in early January 2009. Shelley Vana Mary McGarry In the meantime, please provide us with a letter of confirmation from your agency's administrator concurring with the amount of the award, activity and joss R sanramar;a expenditure plans, and assurance that your agency will comply with the state Ada;e i.. Greene and county grant requirements, including reporting. If you have not submitted a Resolution from your Governing Board, kindly proceed to obtain same prior to making the purchase certifying that monies from the Grant Award will: 1) improve and expand pre-hospital services in that County Adminfstrator coverage area; Robert wc;sman 2) Not t)e used to supplant existing provider's budget allocation; 3) Meets the goals and objectives of the EMS County Grant Plan. Thank you for your cooperation. Sincerely, "~fn Equul Opportunity ,4ffirmattve,4ction Erapfoyer" Charles E. Tear, Director Division of Emergency Management Enc. ATTACI~MENT Z DELl2AY BEACH >1IRE f2ESCUE Work Ptah. Work Activities: Time frames: Proposal to purchase four (4} Glide Scope rankers to instatl in response vehicles and train ottr paramedics to ase this insiruuient Roufinc t~se of this iustrumcnt for cardiae and respiratory arrest will reduce au-site time, improve si#e to hospital transport$iiozz time, and reduce complications for the residents and visitors of Defray Beach. Mare i;nportant, ik will improve patcent outcanoes and praportio~zately increase the chance fur return of spautaneaus circulation of cardiac arrest gmtiertts. The ~aatnber of patien#x successfutly intuhated with tike (~Iidc.Scape wifl lie traslced a~sd compared a~air~st statistics from prewi4us years. Additianallp, an scene tiaQaes l'or cardiac and respiratory arrests wilt be anaiyr~ed. Effectiveness wilt he measured 6y ianprnved success rates with prehospitat iIItahatian. First (Zuarter October 3 through December 17 Second L?+aarter ~ .7astuary 1 through N,ercn az . 'T'hird Quaz'tTer =April ? thxcugh June 3G Fourth QuarCer = July 1 taraugh September 3D Activit 'lime Frames (3rder GlSde Scope Ratifiers Fiat Quarter Conduct in-scrvica trseuciIIg and edstcatiots an use, maintepanee, Second Quarter aIId prOpC7 Cieaaeing fltP,Ctnip7ttent lnftpietnent ue'cv equipment into Inventor.; xnd begin use 1~hErd Quarter ARaty7,f iAtlt~~ftDr1 St1[GeSS rfltC3, DIt BCQhE tttneS, and SOU rt3t (.~LS8rtCr e~f~Ctl'vCIIe55 of CglWpttteAt Proposed Expenditure Plan: Line Rena Unit Tntat Price Quantity Cost {4)FQUr GlidmScogs ttastgars 510970. D(3 S43,88D.p0 TGTAIa ~43,$$OAfI MEMORANDUM TO: Mayor and City Commissioners FROM: Robert A. Barcinski, Assistant City Manager THROUGH: David T. Harden, City Manager DATE: December 22, 2008 SUBJECT: AGENDA ITEM 8.N. -REGULAR COMMISSION MEETING OF JANUARY 6, 2009 SPECIAL EVENT REQUEST/HOWARD ALAN 12TH ANNUAL WINTER STREET CRAFT FESTIVAL ITEM BEFORE COMMISSION City Commission is requested to endorse the 12~' Annual Delray Beach Winter Street Craft Festival to be held on February 28 & March 1, 2009 from 10:00 a.m. to 5:00 p.m., to grant a temporary use permit per LDR Section 2.4.6(F) for the use of NE/SE 4~' Avenue, one block north/south of Atlantic as well as use of the north end of Hand's parking lot for vendor parking, and to authorize staff support for security and traffic control and to permit an event sign be erected on Atlantic Avenue just east of I-95, 10 days prior to the event per City Code. BACKGROUND Attached is the event permit application received from Howard Alan Events, Ltd. for this event. Also included is the site plan, event budget, and Certification of Liability Insurance. The City is requested to provide police security and traffic control for this event. The event sponsor will provide vendor management and set up, site clean up, barricades, port-o-lets and dumpsters. They will also provide their own event sign. Estimated overtime costs for the event are $5,385. Cost may be reduced if the vendor utilizes private security for night time coverage. Per event policies and procedures, the event sponsor is responsible for payment of all City costs. RECOMMENDATION Staff recommends endorsement of the event, approval of the temporary use permit for the street closure, and parking lot use, and approval of staff support for police security and traffic control with the sponsor paying all overtime costs. City of Delray Beach Special Event Permi~ ~ V ~ ,~ ~~~~ Application ~o~$~~~ c~sw~ PLEASE TYPE OR PRINT IlEtKAY BEACIi F 1/ !< 1 8 ~ ~c~ ~o~ni Event Name/Title: ~ Ir ~ Q rah- FCS-}ivq I Event Date(s): ZIZ`+~IoG - 3I,~,1o9 Times: Sa+~rdav anal Sc,h~r~ I' o : ao AM - S.'oo ~N1 Event Sponsor/Producer: 'Dot.~n~~~n -~Y1ar~e~~rG Co60~ra+~y~ Event Contact/Coordinator: , ~14G~rd A1Ah _ ~~en~s Name: N o c,+4Y' a A14 N Address: 9645 W. 8rorr~rd,,~lud P~rrrFa+r6y ~~ 3332W Telephone Number: qs~f-k7x~ 3TSSCellular Number: p5 y- ro6l - ~ 3 6S E-mail Address: o i v ~ Event Description/Purpose: ~~~ r n f~t~~ ~~; vq,~ ,~,,,~~} Ala 1 . GU t-Fvf a r i Brief History of Event (If applicable): 1 h i S_ . ~ t ~1- 42+In bPLr +i~ ~' .v w Planned Activities {Outline of activities/number of activities, i.e. entertainment, children's rides, games, other programs): far y @a _ cruF~e r~ aX H, ~,~} ,~ Number of Individuals Served Previous Year {if applicable): X1200 Describe the targeted population and expected attendance:. axoec~l{'d 4s00 loGa1 re5idt~+s ~r2 +Gr~'ekecl oa,nu4u~~~ „ ,.,.,,.._ Describe your Marketing/Promotions Program (How will you market/promote, i.e. TV, radio, posters, flyers, web sites, other): _~~ I~_ CA+~I l orau~lf~ tSe ~ ~ ~i!~.S DLL -Qr~1~h r~ en _ ~r~t~l fi¢I~+-~sto.,l!1.. S''~G~iGhS l.,~old o~Mr,~f1!1 Sponsor Category {please check) City ^ Non-ProfidCharitable ~ Private ^ Co-Sponsor -Nan-Profit/Private ^ (If Non profit attach proof of 501 c(3), c(4), c(b), C(10), or c(19) or (d) Event Location (Describe area boundaries of eventllocation): a L rZ7 1 ~ 1~ 5 Site plan attached: yes X no (Site plan required for entire event site. Include locations of tents, stage, portabets, dumpsters, portable lighting, and barricade location if applicable.) Rental of Old School Square: yes no X {If yes, attach proof of approval} Private Property Use: yes no x {If yes, attach letter giving authorization from property owner) Event budget attached: yes ?c no (Required for all events) Previous year Revenue/Expense summary attached: (Required for all events} Da you have cash sponsors for the event: yes (Indicated on budget) Do you have inkind sponsors for the event: yes X (Indicated on budget) yes x no no X n0 C:1Dacuments and SettingslLisilDeslctoplSpecial $vent Permit Application FINAL 9.G.47.doc Describe how the program or project addresses community needs: Serving or selling alcoholic beverages: yes no x (If yes, copy of license and alcohol liability insurance required two (2) weeks prior to event) Event certificate of insurance attached: yes X no (Required two (2) weeks prior to event naming the Cfty as additional insured, also required for vendors) Playing of amplified music: yes no x (Waiver required) Will there be entertainment: yes no 7~ (If yes, attached list of Performers and/or Dl's) If yes, sponsor agrees all entertainment will be family oriented and contain no obscenities: yes no Requesting Police assistance: yes ~ no (traffic control/security) WiII supplement with private security: yes no' ~ (If yes, need plan attached) Requesting Emergency Medical assistance: yes no ~ Requesting barricade assistance: yeses no (If no, how are you handling?) Requesting trash removallclean up assistance: yes no ~C (Will be billed to sponsor) Requesting trash boxes/containers and liners: yes no ~'C Requesting stage use: yes no ?"'~ (If yes, check type) Large stage (14' x 36') ^ Small stage (1G' x 21') ^ Half small stage (S' x 21') ^ Requesting signage: yes X no Type: 4'x4'Event sign ?C Parking Signs Banner hanging ,,. Indicate dates required (Waiver required if more than one {1) week prior to event) Requesting City Portable Generator: yes ^o ~C (If yes, size & power) Food and beverage vendors: yes X no If yes, approximate number 5 -~ a~ lyi yr~ ~'or~M Tom,,... (Health Department approval required) yes ~p~yin~ nary no C:IDacuments and SettingslLisilDesktoplSpecial l;vent Permit Application FINAL 9.6.d7.doc Other vendors: yes no X (Indicate type) Tents: yes 7~ no If yes, How many app , „_ What site or size required (If yes, tent permits and fire inspections may be needed) Will the event include amusement rides: yes no ?C ,~~ (If yes, type and location and copy of lia6iliry 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 ?C (If yes, indicate ticket prices) Will there be fireworks or other pyrotechnics: yes no ~ (If yes, contact Fire Marshal to obtain and complete permit application) Wi11 there be cooking with compressed gas: yes no ~C (If yes, contact Fire Marshal for Inspections) Will you be providing port-a-lets for the event: yes X no (If yes, locate an-site map. If na, indicate how you will handle restroom needs) Is reserved parking requested: yes no ~'C (If yes, indicate locations and purpose for use) Event Permit Attachments: aC RevenuelExpense Budget yc Revenue/Expense Recap Last Years Event ___ K Site Plan Letter Requesting Noise Ordinance Waiver Letter Requesting Waiver Consumption Alcohol Beverages Proof ofNon-Profit Status rC General Liability Insurance Certificate C~ra~re~ Alcohol Beverage Liability Certificate Proof of Rental Agreement or Authorization Letter from Private Property Owner ~C Hold Harmless Agreement Submittal Date Requirements: • Minor Event 45 days prior to event • Intermediate Event 90 days prior to event • Majvr Event 124 days prior to event • Neighborhood Block Party 30 days prior to event C:IDacuments and SettingslLisilDesktoplSpecial Event Permit Application FINAL 9.6.07.doc Event Contractor/Coordinator Please print: N~+c.~Grd rq1~, v~ -~l~iq ~ Date Please enclose the appropriate non-refundable application fee payable to the City of Delray Beach, 144 N.W. 1St Avenue, Delray Beach, 1~lorida 33444. Required with permit application. Far Staff Use Only ~ Date Received ~~~~ ~~ Application fee received $/~ C:1Documents and SettingslLisilDesktoplSpecial Event Permit Application FINAL 4.6.07.doc N.E. end Street N.E. T st Street 4oper~} xxxxxxxxx ~_ .~ ~ ~ cn ~' ¢' Z ~`" I-~~ East Atfan~c Avenue (open) x~:~xxxfcxx Beach ...~ a~ ~Q 0 ~~ ~~ Library S,E. Est Street -Bypass (open} ~ P'Z'.~v'~~-S u,~ar ~ ~ahdi~:a _ Represent fan#hs - not actual amount or scale i -.^. S.E. 2nd Street ~ -..___ American Craft Endeavors ~eirav Lavoi,t American Craft Endeavors 12th Annual Downtown Delray Beach Craft Festival February 28 & Mar. 1, 2009 PROPOSED BUDGET FOR FEBRUARY 2Q09 Income Number of Crafters Number of Faod Vendors Total Revenue EXPENSES Advertising : Baca Raton News Palm Beach Pos# South Florida Newspaper Sun Sentinel Advertlsing SubTotal Services Permit Signage Sanitation - Portolets Sanitation - Dumpsters Sanitation Barricades Securi#y Ren#als Graphics for advertising Payroll Rental Property Lodgings and meals, travel Two Million Dollar liability ins policy Administrative Overhead Service SubTotal Total Expenses 105 Crafter Revenue $15,750 3 Food Vendor Revenue $1,049.40 $18,799.40 Expense $600.00 Expense $1,60D.OD Expense $325.00 Expense $1,544.80 $4,069.80 Palm Beach County Expense $25.00 AA Sign Lines Expense $750.OD Able Sanitation Expense $550.00 Waste Management Expense $775.00 Tents 4 Events Expense $425.00 8o1T5 Barricades Expense $300.OD City Of Delray Beaci Expense $1,060.00 Tents 4 Events Expense $350.00 Expense Expense $25A0 Helayne Stillings R ~ Expense $1,677.80 Delray Joint Venture Expense $2,000.00 Expense $200.00 Expense $650A0 telephone, mailings, Expense $550A0 $9,337.80 $13,407.60 Sltow Profit $3,391.$D American Craft Endeavors 11th Annual Downtown Delray Craft Festival February 23 & 24, 20Q8 PROPOSED BUDGET FOR FEBRUARY 2008 Income Number of Crafters 11~ Crafter Revenue $16,504 Number of Fond Vendors 3 Foad Vendor Revenue $1,049.40 TotO! Revenue $17,549.40 EXPENSES Advertising Boca Raton News Expense $708.50 Palm Beach Post Expense $1,551.12 South Florida Newspaper Expense $325.00 Sun Sentinel IWxpense $1,544.80 Advertising SubTotai $4,129.42 Services Permit Palm Beach County Health Expense $25.00 Signage AA Sign Lines Expense $600.00 Sanitation - Portoiets Abie Sanitation Expense $503.50 Sanitation - Dumpsters Waste Management Expense $746.36 Sanitation Tents 4 Events Expense $425.00 Barricades Bob's Barricades Expense $350.00 Security City Of Delray Beach Expense $1,059.08 Rentals Tents 4 Events Expense $400.00 Graphics for advertising Expense Expense $75.00 Payroll Helayne Stillings & Staff Expense $1,677.80 Rental Property Delray Joint Venture Expense $2,000.00 Lodgings and meals, travel Expense $400.00 Two Million Dollar liability ins policy Expense $650.00 Administrative Overhead telephone, mailings,etc Expense $1,100.00 Service SubTotal $10,011.74 Total Expenses $14,141.18 Show Profit $3,40$.24 ~fl~ CERTIFICATE ~F LIABILITY INSURANCE 1495324 ~~1/20~ It & K Insurance Group, znc. 1712 Magnavox way P.o. Box 2338 THIS CERTIFICATE IS ISSUED AS A MATTER DF INFORMATION ONLY AND CONFERS NO RI0FI1'S UFIDIMI THE CERTIFICATE HOLDER. THis CERTIFICATE DOES NOT AMEND EXTEND OR ALTER THE COVERAGE AFfiORDED dY THE FCLrCIE8 BELGW. Fort Wayne, In 46801 INSURERS AFFORDING COYERAGE NAIL / HOWARD ALAN BVSN'I'S LTD ISBa GA23001) INBURERA: GREAT AMERICAN A38URANC$ CONPA 9595 w. HROWARD BLVD. ' IN9URERB: PLANTATION, FL 33324 II~ffiJRERC: IN9URr:RD AAf ~w ~ w~a MIaURERE THE POLICIES OF INSURANCE LISTED BELOW NAVE BEEN IBSUEDTQ TIE INSURED NAMED ABOYE FOR THE POLICY PERIOD INDICTED N0TIMTHST/1NDp,[3 . ANY REQUIREMENT. Ts;RM OR CONDRION OF ANY CONTRACT OR OTHER DOCUMENT WTTIi RESPECT TO WHICH THIB CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE tNSURMICE AFFORDED BY THE POLICIES DESCRIBED HEREIN 13 SUBJECT TQ ALL THE TERMS, E7(CLUBIDNB AND 00NDITIpNB OF SUCk PCLICIES. AOGfiEpATE LIMITS BNDWN MAY HAVE BEEN REWCED BY PAID CLAIMS. roLJCY MUANiII iIMTI1 ~~ 12:OlAM 12 0IAM EAC~4QOCURRENCE Is 1000000 A X COMMEPoCIAL6ENERALIIABILRY PACO788942206 3/05/08 : 3/05/09 f CLNI~MAOE ~ GCCUR MEOEJ~ orr i Owners & Contractors PEReoNKrk~ovIWURY f 100D000 X $$L: 1 000 00 1 000, ODD OiNGpALAQGRE4ATE NONE c;!ENtiAaaReoATEUII~rrwPUESrEIe PRaoucTe•oDrr~oPAOO i POLIC1r LCC A AUT OYpMIIt LYIlM.R1r 08 %04 OprOL@LNr7 8 ANVAUTO PAC0788942206 3/05/ 3/05 ~~N 1000000 ALi0'Wl1EOAirf08 BCNEDULEiDA eo0LY1NJURY 3 UT08 (P~rp«aon) HWEggIJTOg NONaYNNEDAIlfDB ~ Y~q 5 E lPwpddMU a+mrwel.r~rlurY AurooNLY-EAAtrppENT s ANYAUrv ACC oTH~atTH~w s ~utoaNLV: Boa ~ ~celm.tAUrlearrY A X OOCUR ~ CWMBMADE 08 ~aDDt~R~ ; 8%C0788942306 3/05/ 3/05/04 AOOrtELiATE i % STRAIGHT ; OEDUCf~LE i RETENTION f f 1Mp11011~ CQ WiIpJIT10N A110 l1MLOYNLL• 11~M fTY i . /+W PFtlOPR!'-dgpuen~ClVUtl%taYrrve OFIrICFIIAN BNOOI ~GdLOlpT Fl. EAp1 ACClpEN'T : ^ tlrorlb~urWu E.L.01>fEA$E-E~~LOYlN : ana E.~.o~ASE-Pa~ICVUMrr 1 o~IarrraM aroPreuria~wrtac~noxsr~ac~rexawlwMnoo®srrloon~erorrrsrecuwROVISIONS TH$ CERTIFICATE HOLDER IS LISTED AS ADDITIONAL INSURED SUT DNLY WITH RESPECT TO LIABILITY ARISING OUT OF TRS ACTIVITIES DR 0PSRATIDNB OF THB NAMED INSURED .. RE: 12TH ANNUAL DOWNTOWN DSLRAY BEACH CRAFT FE9TIVAL 2/28/09-3/1/09 CG2024 [`_CNTICMaTC un~ nes _ _ _ _ _ __ CITY OF DBLRAY lOQ NW 19T AV8 DBLRAY BEACH, FL 33444 FNOYLD ANY C~ THBABOVE ~IM~ rOLrCI~ ~ RAIICNJ.EO.N~ Tilt 0a1RAT1oN DAT! T!lRiOF, TNr 1110 NNN11R 1MLL EIOlAMOR TD MAi 3 0 DAY>t WIIIf7EX NO'fIC~ TQ T}! CNtTIhICAiE NOLOl11 IN1Mm TO Tllf LINT. NIT FAILUII~ TO OO N1 ~Nr•LL pA!'Oir MD O~NMTION OR Lr/1~iTY Of ANY WND 11l•QII TN! N*161, ffi AYOffTi OR MEMORANDUM TO: Mayor and City Commissioners FROM: Robert A. Barcinski, Assistant City Manager THROUGH: David T. Harden, City Manager DATE: December 22, 2008 SUBJECT: AGENDA ITEM 8.0. -REGULAR COMMISSION MEETING OF .TANUARY 6, 2009 SPECIAL EVENT REQUEST/ART & .TAZZ ON THE AVENUE ITEM BEFORE COMMISSION City Commission is requested to endorse the next Art & Jazz on the Avenue scheduled for January 29, 2009 from 6:00 p.m. to 10:00 p.m., to grant a temporary use permit per LDR Section 2.4.6(F) for the closure of Atlantic Avenue from Swinton to the west side of NE/SE 7d' Avenue, Railroad Avenue from Atlantic north to north side of the east/west alley, and to the alleys north and south of Atlantic on NE/SE 1St Avenue, NE/SE 2nd Avenue, SE 3rd Avenue, NE/SE 4th Avenue, and to authorize staff support for security and traffic control, banner hanging and removal, barricade set up and removal, trash removal and clean up. BACKGROUND Attached are the special event permit request, site plan for this event, and budget (from 07/08). Although we are not asking to close Atlantic Avenue west of Swinton, the event boundary will extend to the library. The estimate of overtime cost for this event is $7,200. Cost for the barricade rental is estimated at $300. Based on the event agreement, the Downtown Marketing Cooperative is to pay the City 35% for all costs over $1,000 plus the full cost of barricade rental for an estimated charge of $2,470. This event is sponsored by the Sun Sentinel. RECOMMENDATION Staff recommends endorsement of the event, approval of the temporary use permit and street closure, staff support as stated above, including barricades with payment of costs to the City per the agreement between the City and the Downtown Marking Cooperative contingent on the receipt of an updated Certificate of Liability Insurance. City of Delray Beach Special Event Permit Application FLEASE TYPE DR PRINT Event Name/Title: ~~'C ~~~ Event Dates};~ Times: s ~ Event SponsodFroducer: Event Contact/Coolr_dinator: Name: ~ 10~`~d~11~. ~ThE.lf" _ Telephone Number: E-mail Address: Yl Cellular Number: e'1'il Flanned Activities (Outline of activities/number of activities, i.e. entertainr~en~,, n r children's rides, games, other programs}: c~_V~Mt~ Q.i'~71,L11d tpfrll Number of Individuals Served Previous Year (if applicable): r 5~ , ~~ Describe th~targeted population~and expec•ted atte_n1dance: _'_(~11__ ~ °~' 1 pELRAYBEACH- F.~.1, h R I A ~+1 ~. '' QD 1 ~9;i 2001 G ~~ mZ C~ n~ my ~~_ C rri c--, tL N 0 0 w rn ~_' how the program} or project addresses Describe your Marketing/Promotions Program (How ili you marl~t/ romote, i.e. TV, radio, pos ers, flyer, w~s~, other): 1^ r r ~ ` ' `~ Sponsor Category (please check) City hlon-ProfitlCharitable ^ Private ^ Co-Sponsor -Non-Profit/Private ^ (If Non proft attach proof of SOlc(3), c(9), c(6), C(10), or c(19 or (d) . Event Location (Describe area boundaries of eventhocation): iG Site plan attached: yes_~ no (Site plan required far entire event site. Include loca#ions of tents, stage, portalts, dumpsters, portable lighting, and barricade location if applicable(} Rental of Old School Square: yes no /, (If yes, attach proof of approval) Private Property Use: yes no ~ (Ifyes, attach letter giving authorization from property owner} Event budget attached: yes J~ no (Required for 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 y ` no (Indicated on budget) C:1Documents and 5ettingslLisilDesktopl5pecial Event Permit Application FINAL 9.6.07.doc Serving or selling alcoholic beverages: yes no~_ {If yes, copy of license and alcohol 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 additional insured, also required for vendors) Playing of amplified music: (Waiver required) yes ~ no Will there be entertainment: yes~_ no (If yes, attached list of Performers and/or DJ's) If yes, sponsor agrees all entertainment will be family oriented and contain na obscenities: yes ~~ no Requesting Police assistance: yes^,~ no (traffic control/security) Will supplement with private security: yes no_ (If yes, geed 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 +ner5 our ~po~ r>ec~ Requesting trash boxes/containers and liners: yes .~C no Requesting stage use: yes no~` (If yes, check type) Large stage (14' x 36') ^ Small stage (16' x 21') ^ Half small stage (S' x 21') ^ Requesting signage: yes no Type: 4'x4'Event sign Parking Signs Banner hangin Indicate dates required (Waiver required if mare than one (l) week prior to event) ~~~/ ~p ~ Requesting City Portable Generator: yes no !~~ (If yes, size & power) Food and beverage vendors: If yes, approximate number (Health Department approval required) yes no~ yes no C:1Documents and SettingslLisil~esktoplspecial Event Permit Application FINAL 9.6.07.doc Event ContractorriC'par at n 4~ Date Please print• ~~/~ c y~ Please enclose the appropriate non-refundable application fee payable to the City of Delray Beach, 100 N.W. 15t Avenue, Delray Beach, Florida 33444. 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E c u, ~ as w r ~6 ~ N L ~ p ~ L ~ E m ~ K J Z _ Z ~ ~ a~ a1 E ~ 1p ^ ` ~ O m o C7 c ~ ¢ a m X c0 W w c " p> N m = 0 W H al{ _ J ~ p m m Q w d c m o ~ r o N pr ' W o. c a n. ~ ° ~ Q Z a~l ~ ¢ V ? ~ ~ .o ~ o ~ E c4~ o N =~ r ~ a u~ ~ Q c m m ~ ~ c v a~ lw ~ v r a ~ m m = ~ o ~ ~ ~ ~ w+op ~In °- n 3 ° ~ ii 5 a rn c rv o n > ~ F- ~ ~ E- MEMORANDUM TO: Mayor and City Commissioners FROM: Jasmin Allen, Planner Paul Dorling, AICP, Director of Planning and Zoning THROUGH: City Manager DATE: December 29, 2008 SUBJECT: AGENDA ITEM 8.P. -REGULAR COMMISSION MEETING OF .TANUARY 6, 2009 REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS ITEM BEFORE COMMISSION The action requested of the City Commission is review of appealable actions which were taken by various Boards during the period of December 8, 2008 through January 2, 2009. 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 Planning and Zoning Board Meeting of December 8, 2008 No appealable items were considered by the Planning and Zoning Board. The following items which were considered by the Board will be forwarded to the City Commission for action. A. Recommended approval (7 to 0), of a City initiated amendments to the Land Development Regulations Section 4.3.3, "Special Requirements for Specific Uses", Subsection (A), "Self-Service Storage Facilities (SSSF)" and Subsection (J), "Gasoline Station", to revise and/or clarify parking requirements for these uses; Section 4.4.13, "Central Business (CBD) District", Section 4.4.17, "Residential Office (RO) District", Section 4.4.24, "Old School Square Historic Arts District (OSSHAD)", Section 4.4.28, "Central Business District-Railroad Corridor (CBD-RC)", and Section 4.4.29, "Mixed Residential, Office and Commercial (MROC) district", to change the parking requirements for business and professional offices within these zoning districts and to expand the area subject to special parking requirements within the CBD zoning district; amending Section 4.6.9, "Off- Street Parking Regulations", to modify how fractions are rounded, to change the parking requirements for business and professional offices and to clarify the parking requirements for other uses; amending Appendix "A", "Definitions", to enact new definitions for "gross floor area" and "net floor area". B. Recommended approval (7 to 0), of a privately initiated amendment to the Land Development Regulations Section 4.7 "Family/Workforce Housing" by enacting a new Subsection 4.7.9"O" to allow non-eligible occupants to occupy workforce housing units under certain conditions. C. Recommended denial (6 to 0, Joseph Pike, left the meeting), of a City initiated amendment to the Land Development Regulations Section 4.4.9(B)(8) GC (General Commercial) to allow art studios as a principal use. As this item was initiated by the Planning and Zoning Board, the item has been withdrawn. D. Recommended approval (6 to 0), of a City initiated amendment to the Land Development Regulations (LDR) Section 2.4.3, "Submission Requirements", Subsection (K), "Fees", Sub-Subsection (1), "Development Applications", in order to provide fees for requests to change historic designation or classification and ad valorem tax exemption applications. E. Recommended approval (6 to 0), of a City initiated amendment to the Land Development Regulations Section 8.5.1 "Establishment of Public Arts Program" to provide that the City may contribute funds through the Public Arts Program to other entities in order to help fund public art. F. Recommended transmittal (6 to 0) of the ORC (Objections, Response and Comments) Report pertaining to Comprehensive Plan amendment 2008-1. G. Recommended transmittal (6 to 0) of the ORC (Objections, Response and Comments) Report pertaining to Comprehensive Plan Amendment 2008-WSP1 to provide fora 20 Year Water Supply Facilities Work Plan. Site Plan Review and Appearance Board Meeting of December 10, 2008 Item #1 is not an appealable item and will be forwarded to the City Commission for action. 1. Recommended approval (3 to 2, James Borsos and Andrew Youngross dissenting; Connor Lynch absent; and, Mark Gregory arrived late), of a waiver to the sign code to allow a sign over the allowable 160 sq. ft. maximum sign area for The Pugliese Office Building, located at the northeast corner of NE 2nd Street and NE 1st Avenue (101-103 Pugliese Way). 2. Approved (5 to 0), a Class I site plan modification associated with architectural elevation changes for five storefront awnings for Blue Gallery, located on the east side of SE 6th Avenue, just south of East Atlantic Avenue (11 SE 6th Avenue). 3. Approved (6 to 0, Mark Gregory arrived), a Class I site plan modification associated with architectural elevations for two awnings and replacement of porch railing for Duffy's Sports Grill, located at the northwest corner of Linton Boulevard and South Federal Highway within the Plaza at Delray (1640 South Federal Highway). 4. Approved with conditions (6 to 0), a Class II site plan modification, landscape plan and architectural elevations associated with the construction of a two-story 16,706 sq. ft. fitness center building, 2,510 sq. ft. children's pool, kiddie green and play area and attendant service area for Del- Aire Country Clubhouse, located at 4645 White Cedar Lane. The Del-Aire Country Club subdivision is located on the east side of Military Trail, north of the L-38 Canal. 5. Approved with conditions (5 to 0, Andrew Youngross left the meeting), a Class V site plan and landscape plan for Delray Community Missionary Baptist Church associated with the construction of a new 4,150 sq. ft. two-story sanctuary and the conversion of the existing church to a fellowship hall. The Board tabled the architectural elevation plan and requested that the applicant revise the elevations to add additional architectural elements as well as consider placing the exterior staircase internal to the building. Concurrently, the Board recommended approval of the following waivers: - Recommended approval (4 to 1 vote, James Borsos dissenting) to the City Commission a waiver to LDR Section 4.6.9(D)(3)(c)(1) to reduce the minimum stacking distance from 20' to 10' for the access driveway from SW 1st Street to the first parking space, and from 20' to 8' 11" for the access driveway on SW 5th Avenue. - Recommended approval (4 to 1 vote, James Borsos dissenting) to the City Commission a waiver to LDR Section 4.6.14(A)(1) to reduce the required forth foot (40') sight visibility triangle to thirty-six feet (36') at the intersection of SW 1st Street and SW 5th Avenue. Site Plan Review and Appearance Board Meeting of December 18, 2008 6. Approved with conditions (5 to 0, James Borsos and Chris Stray absent), a Class II site plan modification associated with as-built changes to the approved landscape materials and hadscape in conjunction with renovations to the clubhouse facility for Hamlet Country Club, located at 3600 Hamlet Drive. 7. Approved with conditions (5 to 0), a Class I site plan modification associated with the elimination of a trellis between the building addition and the existing City Hall building for the Delray Beach Information Technology Building, located at 100-150 NW 1 st Avenue. RECOMMENDATION By motion, receive and file this report. Attachment: Location Map SPRAB 1. THE PUGLIESE OFFICE BUILDING 2. BLUE GALLERY 3. DUFFY'S SPORTS GRILL 4. DEL-HIRE COUNTRY CLUB 5. DELRAY COMMUNITY MISSIONARY BAPTIST CHURCH 6. HAMLET COUNTRY CLUB 7. DELRAY BEACH INFORMATION TECHNOLOGY BUILDING N ~~~~~~~~~~ CITY LIMITS ~~~~~~~~~~ ~ ONE MILE ~ GRAPHIC SCALE CITY OF DELRAY BEACH, FL PLANNING & ZONING DEPARTMENT JANUARY 2009 MAP REF: S:\Planning &Zoning\DBMS\File-Cab\CC-DOC\1-6-09 --olGlraLaasEMaPSVSreM-- MEMORANDUM TO: Mayor and City Commissioners FROM: Joseph M. Safford, Finance Director Patsy Nadal, Purchasing Manager THROUGH: David T. Harden, City Manager DATE: December 18, 2008 SUBJECT: AGENDA ITEM 8.Q.1 -REGULAR COMMISSION MEETING OF JANUARY 6, 2009 PURCHASE AWARDS/PETROLEUM TRADERS CORP./SMF ENERGY CORP. ITEM BEFORE COMMISSION The City Commission is requested to approve an award to Petroleum Traders Corporation in the amount of $375,000. for the purchase and delivery of gasoline and SMF Energy Corporation in the amount of $200,000. for the purchase and delivery of diesel fuel (ultra low sulfur No. 2), via the Florida State Contract #405-000-04-1 effective 08/01/2003 through 06/30/2009. BACKGROUND Palm BeachCounty was the lead agency for this Co-Op bid. The current bid expired on 12/31/2008. Palm BeachCounty will not be exercising the one (1) year renewal on Contract #OS-154/EV with BV Oil Company, Inc. for the purchase and delivery of gasoline and diesel fuel. BV Oil Company is the City's current supplier for gasoline and fuel oil and did not renew their portions of the current Florida State Contract for gasoline and diesel fuel. Our price for gasoline and diesel fuel (ultra low sulfur No. 2) will be based on wholesale pricing. The wholesale pricing of fuel fluctuates daily. (See attached sample fuel pricing reports.) The Florida State contract pricing is the contractor's markup (see attached), which is added to the daily wholesale price and remains the same throughout the contract period. Example: November 10, 2008 Pricing Report (Miami terminal) Diesel Fuel pricing $2.2040 Vendors markup (SMF Energy) $.0635 Total per gallon: $2.2675 FUNDING SOURCE 501-3311-591.52-51 Garage Fund RECOMMENDATION Staff recommends multiple awards as stated above at an estimated annual cost of $575,000 via the Florida State Contract #405-000-04-1 for the purchase and delivery of gasoline and diesel fuel. Suite 315 CERTIFICATION OF CONTRACT TITLE: Gasoline and Fuel Oil CONTRACT NO.: 405-000-04-1 ITB NO.: 24-405-000-5 Rebid EFFECTIVE: August 1, 2003 through June 30, 2009 (REV 1 JUL 200b) SUPERSEDES: 405-000-99-1 CONTRACTORS}: (REV 6 FEB 2008} American Homegrown Fuel Corporation dba First Coast Biofuels {A) Central Oil Co. Inc. (A} Eli Roberts & Sons, Inc. (A} Glover Oil Company Inc. (A) Hinson Oil Company (A} Jim Hinton Oil Company, Inc. {A} Johnson & Johnson Inc. (A} L. V. Hiers Inc. (A} Mansfield Oil Company {A} Morris Petroleum Inc. (A) On-Site Fuel Service, Inc. {A} r Petroleum Traders Corporation (A) Port Consolidated Inc. (A) Sangaree Oil Company, Inc. (A} ~ SMF Energy Corporation (formerly Stretcher Mobile Fueling, Inc.) (A} Terrell Industries, Inc. (H} World Energy Alternatives LLC {A) A. AUTHORITY -Upon affirmative action taken by the State of Florida Department of Management Services, a contract has been executed between the State of Florida and the designated contractors. B. EFFECT -This contract was entered into to provide economies in the purchase of Gasoline and Fuel Oil by all State of Florida agencies and institutions. Therefore, in compliance with Section 287.042, Florida Statutes, all purchases of these commodities shall be made under the terms, prices, and conditions of this contract and with the suppliers specified. C. ORDERING INSTRUCTIONS -All purchase orders shall be issued in accordance with the attached ordering instructions. Purchaser shall order at the prices indicated, exclusive of all Federal, State and local taxes. Contractor's Markup PRICE SHEETS Palm Beach County -Southern District: (REV 5 AUG 2008) 405-220-920-7000 Gasoline, Unleaded, 87 Octane, Tank Wagon Delivery Minimum Delivery 500 Gallons. (REV JUN 6, 2007) SMF Energy Corporation 67) .0635 Petroleum Traders 67) .145 405-220-920-7800 Gasoline, Unleaded, 87 Octane, Transport Delivery Minimum Delivery 8,000 Gallons. Petroleum Traders 134) .0169 405-220-930-7000 Gasoline, E10, Unleaded, 87 Octane, Tank Wagon Delivery No Award ~~ 405-220-930-7800 Gasoline, E10, Unleaded, 87 Octane, Transport Delivery, Minimum Delivery: 8,000 Gallons Petroleum Traders .0606 Mansfield Oil Company .0769 405-220-920-7100 Gasoline, Unleaded, 89 Octane, Tank Wagon Delivery Minimum Delivery 500 Gallons. (REV JUN 6, 2007) SMF Energy Corporation 201) .0635 Petroleum Traders 201) .145 ,d 405-220-920-7900 Gasoline, Unleaded, 89 Octane, Transport Delivery Minimum Delivery 8,000 Gallons. Petroleum Traders 268) .0084 Port Consolidated 268) .04 405-220-920-9000 Gasoline, Unleaded, 92 Octane, Tank Wagon Delivery Minimum Delivery 500 Gallons. (REV JUN 6, 2007) SMF Energy Corporation 335) .0635 Petroleum Traders 335) .145 ~~ACB c ~' °~2 . ~~ .. \lORI~/ Purchasing Department 50 South Military trail, Suite 114 West Palm Beach, FL 33115-3199 (567} 616-6800 FAX: (5b1) bib-6811 www.pbcgov.comlpur Palm Beach County Board of County Commissioners Addle Y.,. Greene, Chairperson Jeff Koons, Vice Chair Karen T. Marcus Robert f. Kanjian Mary McCarty Burt Aaronson Jess R. Santamaria County Administrator Robert Weisman fIn Equal Opportunity Affr'rmatrve rrc[ion .Employer" July 16, 2008 FEE: Palm Beach County Contract #05-'1541ER Term Contract for the Purchase and Delivery of Gasoline & Diesel Fuel Dear Fuel Co-Op Participants: In September 2005, Palm Beach County ("County") and BV Oil Company, Inc. ("BV") entered into the above-referenced contract for the purchase and delivery of gasoline and diesel fuel. The term of this contract, which commenced on October 1, 2005, expires on December 31, 2008. It was recently determined that it would be in the best interest of the County to purchase all required gasoline and diesel fuel from a single petroleum company located at Part Everglades. Therefore, the County will not be exercising the one (1) year renewal option as provided in our current contract with BV. Since it is my understanding that many of you utilize the State of Florida fuel contract, I am hopeful that you will not be negatively impacted by this decision. !n any event, I apologize for any inconvenience caused by the County's non-renewal of the BV contract. Sincerely, V` Katl~ilee M. Scarlett Dire for printed on recycled paper MEMORANDUM TO: Mayor and City Commissioners FROM: CANDI N. JEFFERSON, SENIOR PLANNER PAUL DORLING, AICP, DIRECTOR PLANNING AND ZONING THROUGH: CITY MANAGER DATE: December 31, 2008 SUBJECT: AGENDA ITEM 9.A. -REGULAR COMMISSION MEETING OF JANUARY 6, 2009 WAIVER REQUEST/S.W. 14TH AVENUE ITEM BEFORE COMMISSION The item before the City Commission is consideration of a waiver to LDR Section 6.1.2(A)(2)(A) to allow issuance of a certificate of occupancy (C.O.) to occur prior to completion of required infrastructure (alley improvements) for a single family development. BACKGROUND The development proposal involves the construction of seventeen (17) single family homes on CRA owned property located on the east and west sides of SW 14TH Avenue, between SW 1st and 2nd Streets. Consistent with neo-traditional design principles, the homes will take access from the rear alleys. Per LDR Section 6.1.2(A)(2)(A), the developer is required to upgrade the adjacent alley concurrent with or prior to construction of the single family development. While the required alley improvements are planned and the construction drawings are being prepared, the improvements are not anticipated to be completed prior to the adjacent development (single family homes). Therefore, a waiver request to LDR Section 6.1.2(A)(2)(A) is being submitted to allow the construction of the SW 14th Avenue single family development prior to completion of the adjacent alleyway improvements. WAIVER When access to the project is provided from a local street or alley, LDR Section 6.1.2(A)(2)(a) requires infrastructure improvements associated with the new development to occur concurrent with or prior to construction of the proposed development. Based on the current schedule provided by the consultant, construction of the required alley improvements is not anticipated until May 2009, with a construction time frame of 120 days. Thus, completion is anticipated in September 2009. This schedule may result in some of the homes being completed prior to the completion of the alleys. To avoid delay in the construction schedule, temporary alley access will be provided to the houses by the City until the permanent alley improvements are completed. It is noted that in 2001, the City Commission approved deferral of the alley improvement obligation for the construction of a garage at 333 NW 3rd Avenue; thus approval of this waiver will not result in the granting of a special privilege nor create an unsafe situation, diminish public facilities or negatively affect the surrounding area. RECOMMENDATION Approve the requested waiver subject to positive findings with respect to LDR Section 2.4.7(B)(5). IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA WAIVER REQUEST FOR SW 14T" AVENUE BETWEEN SW 1ST STREET AND SW 2ND STREET ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA 1. This waiver request has come before the City Commission on January 6, 2009. 2. The Applicant and City staff presented documentary evidence and testimony to the City Commission pertaining to the waiver request for SW 14th Avenue between SW 1St Street and SW 2~d Street. All of the evidence is a part of the record in this case. Required findings are made in accordance with Subsection I. I. WAIVER: Pursuant to LDR Section 6.1.2(A)(2)(a), the developer is required to upgrade the adjacent alley concurrent with or prior to construction of the single family development to provide continuous paved access from the nearest paved street or alley to the project. The applicant is seeking relief from that requirement until after a Certificate of Occupancy (C.O.) is issued for the development. Pursuant to LDR Section 2.4.7(8)(5), prior to granting a waiver, the approving body shall make a finding that the granting of the waiver: (a) Shall not adversely affect the neighboring area; (b) Shall not significantly diminish the provision of public facilities; (c) Shall not create an unsafe situation; and, (d) Does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. Would the waiver of Section 6.1.2(A)(2)(a) comply with the requirements of 2.4.7(8)(5)? Yes No 3. The City Commission has applied the Comprehensive Plan and LDR requirements in existence at the time the original development application was submitted and finds that its determinations set forth in this Order are are not consistent with the Comprehensive Plan. 4. The City Commission finds there is ample and competent substantial evidence to support its findings in the record submitted and adopts the facts contained in the record including but not limited to the staff reports, testimony of experts and other competent witnesses supporting these findings. 5. Based on the entire record before it, the City Commission approves denies the waiver requests to LDR Section 6.1.2(A)(2)(a) 6. Based on the entire record before it, the City Commission hereby adopts this Order this 6th day of January, 2009, by a vote of in favor and opposed. ATTEST: Chevelle Nubin, City Clerk Rita Ellis, Mayor 2 December 10, 2008 Mr. Paul Dorling, AICP, Director City of Delray Beach Department of Planning and Zoning 100 NW 1St Avenue Delray. Beach, FL 33444 D ._ r. ~~t DEC 10 2008 ' ~ j ~._.,~-_--j PL~INi~!I~iG $: ZOI`~fi~C Re: SW 14t" Avenge -Alley Improvement Waiver Request Letter Dear Paul: :~ . '- D .; ac~,~. The City of Delray Beach Community Redevelopment Agency (CRA} and the Delray Beach Community Land Trust respectfully request a waiver to LDR Section 6.1.2(A}(2)(a} concerning construction of the alleys adjacent to the properties located along SW 14~' Avenue, between SW 1St and 2"a Streets. The area is zoned RM (Medium Density Residential} and is within the Southwest Area Neighborhood Redevelopment Area. On February 14, 2008, the CRA Board approved the issuance of a Request for Proposals (RFP} for the purchase and redevelopment of 17 contiguous and non-contiguous properties owned by the CRA located on the east and west sides of SW 14th Avenue, between SW 1St Street and SW 2"a Street. The sole respondent was the Delray Beach Community Land Trust (DBCLT), which was awarded the RFP at the CRA Board meeting on April 10, 2008. The proposal is to construct a total of 17 single family homes on the CRA-owned property. On Juiy 24, 2008, the CRA Board approved the Agreement for Purchase and Sale between the CRA and the CLT. The CLT has an extensive list of potential buyers for the homes and anticipates submitting building permit applications by January, 2009. Construction of each home is anticipated to take approximately 3 months. The sale of these homes is projected as revenue for the CLT in fiscal year 08109. Consistent with New Urbanism design principles, the homes will take access from the rear alleys, which are to be constructed as part of the CRA's streetscape project for this block. In September 2008, the City Commission approved a Service Authorization with Mathews Consulting to prepare the construction drawings for the SW 14th Avenue project. Based on the current schedule provided by the consultant, construction is not anticipated until May 2009, with a construction time frame of 120 days. Thus, completion is anticipated in September 2009. This schedule may result in some of the homes being completed prior to the completion of the alleys. Waiver Request: LDR Section 6.1.2 (A}(2)(a) {Streets and Alleys -Improvement Obligations), states that concurrent, or prior to, construction associated with an approved development application, the development shall provide for the construction of improvements. When access to the project is provided from a local street andlor alley, then the project must provide appropriate traffic lanes meeting requirements of Section 5.3.1 (C) in order to provide .continuous paved access from the To: Paul Doriing, AICP Re: SW ~ 4~' Avenue -~ Alley Improvement Waiver Request Letter Page 2 nearest paved street or alley to the pro;ect in addition to the improvements on its side of the center line of right-of-way. Warner Findins>rs: Section 2.4.7{B}{5) Findings: Prior to gran#ing a waiver, the granting body slaal! moire findings that the granting of the waiver.- {a} Shall not adversely affect the neighboring area; {b} Shafl not significantly diminish the provision of public facilities; {c} Shall not create an unsafe situation; and, {d} Does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances an other property for another applicant or owner. Waiver Anal sis: Neo-traditianallNew Urbanism design principles are being implemented with fihis project which encourages utilization of the alleys for access to the garages and construction of front porches. The required alley improvements are necessary to provide vehicular access to the rear-loaded garages of the proposed homes to be constructed on the SW 14~' Avenue to#s. Based upon the above, the alley improvements must be constructedlcompleted prior to issuance of a Certificate of Occupancy for the houses. Rather than delay construction of the homes, the CRA and CLT are seeking a waiverldeferral of the alley improvement requirement by the City Commission. If the waiver/deferral is granted, temporary alley access will be provided to the houses by the City, until the construction of the permanent alley improvements commences. In addition, the CLT will provide home buyers with a letter explaining the timing of the streetscape and alley construction, and the inconvenience that can be anticipated as a result of the construction. Deferral of the alley improvements will not adversely affect the neighboring area nor will it diminish the provision of a public facility. The deferral will not create an unsafe situation and will not resul# 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. The waiver will enable the GRA/CLT to fulfill obligations to provide affordable housing. It is noted, in 2(~0'l, the City Commission approved deferral of the alley improvemen# obligation for the construction of a garage at 333 NW 3~ Avenue. Thus, positive fndings can be made with respect to LDR Section 2.4.7(8}(5}. Based upon the above, the GRA and CLT respectfully request a waiver to LDR Section 6.1.2(A)(2}(a) to complete construction of the alleys prior to issuance of a Certificate of Occupancy far the proposed residences. Should you have arty questions or need additional information, please do not hesitate to contact us. Thank you for your consideration. Sincerely, ~• Diane Colonna velyn Dobson CRA Facecutive Director interim CLT Executive Director ~1~/ 1 ~T ~TPEET w ~ ~ z = ~ ~ ~ ~ ~ ~ ~~/ 2~ D ~~ FEET N SW 14TH AVENUE PROJECT CRA OWNED PROPERTY CIN OF DELRAY BEACH, FL Community Redevelopment Agency MAP REF: LMA129 MEMORANDUM TO: Mayor and City Commissioners FROM: Lula Butler, Director, Community Improvement DATE: December 30, 2008 SUBJECT: AGENDA ITEM 9.B. -REGULAR COMMISSION MEETING OF .TANUARY 6, 2009 WAIVER REQUEST/PUGLIESE OFFICE BUILDING ITEM BEFORE COMMISSION City Commission consideration of a waiver to the Land Development Regulations Section 4.6.7(E)(7), pursuant to the request by the agent for the Pugliese Office Building located at 101 Pugliese Way. BACKGROUND The Pugliese Office Building, located on NE 1St Street & NE 3rd Avenue, has their main entrance on Pugliese Way. On December 10, 2008, the applicant requested Site Plan Review & Appearance Board (SPRAB) consideration for a waiver to the Sign Code LDR Section 4.6.7(E)(7), "Design Standards Matrix", which states that one wall sign is allowed per elevation, not to exceed 160-SF." The applicant is requesting a waiver to increase the sign copy to 202.5-SF in order to place one section of the copy above the windows and the other section below the windows on the east elevation. Their position states, "Having the signs on two different floors gives the best exposure for both signs and a much cleaner look to the building." SPRAB voted 3-2 supporting the applicant's request. Staff does not support the waiver request since the owner can place the copy on one line and stay within 160-SF, as demonstrated by applicant's presentation, showing copy on one line at 142.5-SF. Staff feels one line of copy does not crowd the fascia and fits well with the architecture of the building. The owner is advertising two separate businesses that are housed within this office building. These could not be approved administratively by staff since it is normally interpreted as two signs on one elevation and the LDR's only allow one per elevation. Section 2.4.7(B)(5) of the Land Development Regulations allows the City Commission to grant waivers to this code, which governs signs, providing the Commission shall make findings of fact based on the following: The granting of a waiver shall not adversely affect the neighboring area, Shall not significantly diminish the provision of public facilities, Shall not create an unsafe situation, and Does not result in the granting of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. RECOMMENDATION Staff recommends City Commission deny the request to waive Section 4.6.7(E)(7) of the LDR's pursuant to findings governed under Section 2.4.7(B) (5), determining that granting this waiver has the appearance of granting a special privilege that might not be granted under similar circumstances on other properties. IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA SIGN WAIVER REQUEST FOR THE PUGLIESE BUILDING ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA 1. This waiver request to allow one wall sign, which exceeds the maximum square footage allowed on the east elevation of the building, has come before the City Commission on January 6, 2009. 2. The Applicant and City staff presented documentary evidence and testimony to the City Commission pertaining to the waiver request for The Pugliese Building located at 101 Pugliese Way. All of the evidence is a part of the record in this case. Required findings are made in accordance with Subsection I. I. WAIVER: LDR Section 4.6.7(E)(7) states that one wall sign is allowed per elevation, not to exceed one hundred sixty square feet (160 sq. ft.) The Applicant has requested a waiver from this requirement to increase the sign copy to two hundred two and a half square feet (202.5 sq. ft.) on the east elevation. Pursuant to LDR Section 2.4.7(8)(5), prior to granting a waiver, the approving body shall make a finding that the granting of the waiver: (a) Shall not adversely affect the neighboring area; (b) Shall not significantly diminish the provision of public facilities; (c) Shall not create an unsafe situation; and, (d) Does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. Does the waiver request meet all the requirements of 2.4.7(8)(5) subject to the conditions, if any, listed below? Yes No 1 3. The City Commission has applied the Comprehensive Plan and LDR requirements in existence at the time the original development application was submitted and finds that its determinations set forth in this Order are consistent with the Comprehensive Plan. 4. The City Commission finds there is ample and competent substantial evidence to support its findings in the record submitted and adopts the facts contained in the record including but not limited to the staff reports, testimony of experts and other competent witnesses supporting these findings. 5. Based on the entire record before it, the City Commission approves denies the waiver request to LDR Section 4.6.7(E)(7), subject to the conditions, if any, imposed in this order. 6. Based on the entire record before it, the City Commission hereby adopts this Order this 6th day of January, 2009, by a vote of in favor and opposed. Rita Ellis, Mayor ATTEST: Chevelle Nubin, City Clerk 2 z 0 H F- Q W J W F- Q W Excerpt of Minutes for SPRAB Meeting of 12-10-08 III. A. Pugliese Office Building; 101 Pugliese Way; Board Support for a Waiver to the Sign Code Ms. Andrea Strohmer, Staff Signs Inspector entered the file into the record and advised the Board that the item before them is a request for SPRAB's support of a waiver to the Sign Code to allow a sign over the allowable 160-SF maximum sign area. She said the agent for the property owner is requesting the Board's support to place wall signage on the east elevation that exceeds the allowable square footage, per LDR Section 4.6.7(E)(7) Design Standards Matrix, which states "one wall sign is allowed per elevation, not to exceed 160-sq ft. " The basis for measuring the sign area is to place a rectangle just large enough to enclose all the lettering, symbols, logos and empty space between lines of copy. Ms. Strohmer stated that the applicant was proposing to place copy above and below the windows and that, by code, the sign area between each must be included. She said what the applicant is proposing would result in two- hundred two and one-half total square footage (202.5-SF). Ms. Strohmer said the applicant had provided a drawing showing the copy all on one line. She then showed the slide with the copy on one line, which staff recommended, that is placed on the upper part of the facade and in a size that meets the sign code. She then described the type of lettering that was proposed. Ms. Strohmer described the ~~Findings" and ~~Waiver" of the LDRs to the Board and stated that if the Board supports the request for a waiver to the Sign Code, the basis for their recommendation will be forwarded to the City Commission for final approval. The Sign Staff Review Committee, stated Ms. Strohmer, can not support the waiver request to exceed the sign area of one hundred and sixty square feet (160 sq. ft.). She said staff feels the copy can be placed on one line as shown in the applicant's presentation, and remain within the one hundred and sixty square feet (160 sq. ft.) sign area required by the Sign Code. Ms. Strohmer said the applicant also has the option to place the copy above or below the windows. She stated staff believes the building is very well architecturally detailed and that one sign (i.e. The Pugliese Building) would provide building identification and an aesthetic fit with the architecture. Applicant's Presentation Mr. John Buchanan of Bach Sign Group and agent for the applicant addressed the Board and said that his group thinks that having the two logos on the two different elevations gives a much cleaner look to the building and that having both on the same line does not give a clean effect. He said that approval of this waiver and putting both of the logos on the different elevations rather than on the same line would give the building an overall cleaner look. Staff Rebuttal Ms. Strohmer showed the Board a picture of the previous signage on the building, stating the elevations had not changed. She showed how the signage had included the logos placed above the window and that it looked nice. Public Comments There were none. Board Discussion Mr. Sanzone asked Ms. Strohmer about the calculations of the sign area. Mr. Stray said that he disagreed with staff and thought the applicant's proposal was more aesthetically pleasing and did not diminish the architectural elements of the building. He continued that he thought that staff's proposal of both logos on one line was ~~busy" and looked cramped. Mr. Stray said he thought the logos above and below the window appeared smaller and were less offensive. Mr. Borsos asked Ms. Strohmer about the calculation of the sign area and asked if the applicant could, perhaps, change the font size. She replied that these are corporate logos and could be reduced as well as reducing the copy size. Mr. Youngross said that the Board always struggles with waivers and he thought they tend to set a precedent. Mr. Borsos said he agreed with Mr. Youngross and did not think the applicant should request to have a larger overall sign area than the code allows. Vice Chair Ames stated that he thought that, because there are three different types of script within the two logos, it looked better on the two lines. He further said that it looks better architecturally on two lines and that he thought it was be a detriment to the building to have both logos on one line. MOTION/FINDINGS It was moved by Mr. Stray and seconded by Mr. Sanzone for a recommendation to the City Commission for Support of the request for a waiver to the Sign Code, LDR Section 4.6.7(E)(7), Design Standards Matrix, and allow the wall sign with copy exceeding one-hundred and sixty square feet as the Board feels that the applicant's proposal is better aesthetically that the proposal presented by Staff. Said motion passed with a 3 to 2 vote (Mr. Youngross and Mr. Borsos opposed, Chairman Lynch and Mr. Gregory absent). MEMORANDUM TO: Mayor and City Commissioners FROM: CANDI N. JEFFERSON, SENIOR PLANNER PAUL DORLING, AICP, DIRECTOR PLANNING AND ZONING THROUGH: CITY MANAGER DATE: December 31, 2008 SUBJECT: AGENDA ITEM 9.C. -REGULAR COMMISSION MEETING OF .TANUARY 6, 2009 WAIVER REQUEST/WORTHING PLACE ITEM BEFORE COMMISSION The item before the City Commission is consideration of a waiver request to LDR Section 4.3.3(00)(1) (F) which requires generators to operate the full capacity of the equipment being served for a period not less than 120 hours. A reduction to not less than 48 hours is being requested. BACKGROUND The subject property is located south of Atlantic Avenue immediately south of Worthing Park, between SE 1st and 2nd Avenues, and contains 2.37 acres. On January 17, 2006, the City Commission approved a conditional use extension request for Worthing Place, a 217 unit mixed-use development with 12,292 square feet of retail. On September 5, 2006, the City Commission approved an LDR text amendment requiring all multi-family residential buildings equipped with elevators to install backup generators within six (6) years of the adoption of City Ordinance 46-06. In retrofitting this project to comply with this ordinance the applicant has identified some concerns over the amount of fuel and the size of the tank (1,000 gallons) they calculated would be required to accommodate the 120 hours operating time frame. A waiver request to LDR Section 4.3.3(00)(1)(F) to allow reduced operating hours minimums is being requested. WAIVER LDR Section 4.3.3(00)(1)(F) requires generator operation for one hundred and twenty (120) hours for elevators and emergency lights. The Florida Building Code only requires two (2) hours and 1.5 hours respectively. Our more stringent requirement was adopted based on problems experienced after hurricanes Francis, Jeanne and Wilma regarding residents' access to units in multistory buildings. The applicant claims that the provision of 120 hours of generator power would require a diesel fuel tank with a one thousand (1,000) gallon capacity, and that generators for developments of similar size are customarily installed with a five hundred (500) gallon fuel capacity which is deemed safer and more aesthetic. Additionally, Worthing Place represents they will establish an agreement with a diesel fuel provider to provide fuel replenishment in the event of an extended power outage, so that the generator will be operational until power is restored. Again, our experience following recent hurricanes has been that fuel deliveries may not be possible due to closure of the port. Staff has reviewed the project's emergency demand load calculations based on the generator's fuel capacity (550 gallons) and has determined that the current proposal would most likely allow continuous generator operation for approximately one hundred (100) hours at a thirty percent (30%) load. Given this assessment, a waiver could be supported. However, rather than declare a particular minimum hour requirement (i.e. 48 vs. 120 hours), staff suggests granting the waiver to allow the five hundred fifty (550) gallon tank capacity and its resulting operation hours. Approval of this waiver should not grant a special privilege, create an unsafe situation, diminish public facilities or negatively affect the surrounding area. RECOMMENDATION Approve the waiver subject to positive findings with respect to LDR Section 2.4.7(B)(5). IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA WAIVER REQUEST FOR WORTHING PLACE ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA 1. This waiver request has come before the City Commission on January 6, 2009 wherein the applicant is requesting a waiver from the requirement that auxiliary power generators for the elevator, all interior corridor lighting and exit signs must operate for 120 hours and instead would like to install a generator that operates for at least 48 hours and has a 550 gallon tank due to concerns over the amount of fuel and size of the tank (1,000 gallons) that would be required to accommodate the 120 hours operating time frame. 2. The Applicant and City staff presented documentary evidence and testimony to the City Commission pertaining to the waiver request for Worthing Place located between SE 1St Avenue and SE 2~d Avenue. All of the evidence is a part of the record in this case. Required findings are made in accordance with Subsection I. WAIVER: Pursuant to Section 4.3.3(OO)(1)(F) of the Land Development Regulations all new multifamily residential buildings (including hotels and motels) equipped with public elevators that apply for a building permit after the effective date of the ordinance (September 5, 2006) shall provide auxiliary power generators for all interior corridor lighting and exit signs and at least one (1) public elevator that operates for 120 hours. Pursuant to LDR Section 2.4.7(8)(5), prior to granting a waiver, the approving body shall make a finding that the granting of the waiver: (a) Shall not adversely affect the neighboring area; (b) Shall not significantly diminish the provision of public facilities; (c) Shall not create an unsafe situation; and, (d) Does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. 1 Yes No 3. The City Commission has applied the Comprehensive Plan and LDR requirements in existence at the time the original development application was submitted and finds that its determinations set forth in this Order are are not consistent with the Comprehensive Plan. 4. The City Commission finds there is ample and competent substantial evidence to support its findings in the record submitted and adopts the facts contained in the record including but not limited to the staff reports, testimony of experts and other competent witnesses supporting these findings. 5. Based on the entire record before it, the City Commission approves denies _ the waiver request to Section 4.3.3 (OO)(1)(F) of the Land Development Regulations. 6. Based on the entire record before it, the City Commission hereby adopts this Order this 6th day of January, 2009, by a vote of in favor and opposed. ATTEST: Chevelle Nubin, City Clerk Rita Ellis, Mayor 2 a WEINER, ARONSON & MANKOFF, P.A, ' ATTORNEYS AT LAW 10 S.E. 15t Avenue Delray Beach, FL 33444 Telephone: (561) 265-2666 Teiecopier: (561) 272-6831 E-mail: jmankoft@zoneiaw.com MICHAEL 5. WEINER CAROLEJ.ARON54N JASON S. MANKOFF .December 8, 2008 Mr. Paul Dorling Director of Planning and Zoning City of Delray Beach '100' N.W. 1st Avenue Delray Beach, Florida 33444 Re. Generator Waiver Request Our Fiie No.: MORW016 Via Hand-Delivery Dear Paul: - This letter is a waiver request pursuant to Section 2.4.7(6)(2} of the Delray Beach ~ Land Development Regulations ("LDRs"} involving the granting of relief from LDR Section 4.3.3(00}(1)(f) to allow a generator to operate for forty eight {48) hours. To support a waiver, LDR Section 2.4.7(8}(5) requires that the governing body make a finding that granting a 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. This project meets or exceeds the requirements of LDR Section 2.4.7{B)(5) for this waiver request. The waiver wi[I not adversely affect the neighboring area, significantly diminish th'e :provision of public facilities, create an unsafe situation andlor result in the grant of a ;specia[ privilege in that the same waiver would be granted under similar circumstances on :other property for another applicant or owner. It is also important to realize that this request is not to eliminate a generator, but is only to reduce the operation period to sixty (60j hours. Thus, this waiver request should be approved based on the following. j-: l iF {'; `fir"`'`~. [~~1, cl (# ~~~~ ~'LA~i[~iNG & 7C~WiNG KERRY D. SAFIER STEPHEN B. GEBELOFF O:IMOR1NpiSlWaiver Request.doc December 8, 2008 ' Pala 2 of 2 Currently, the City's I_DRs require generator power for one-hundred and twenty (120) hour service for elevator and emergency lights even though the Florida Building Code requires only 2 hours and 1.5 hours, respectively. The consequences of requiring one=hundred and twenty hour {120} hour service would require the installation of a tank of diesel fuel in excess of one-thousand (1,000} gallons in a residential area, which is °not desired. Current standard generators are installed with a 500 gallon capacity belly tank which are safer and provide a better aesthetic design. The standard tank and generator combine#ion would provide continuous service for forty eight (48) hours and would not require the installation of additional storage tanks for diesel fuel. Addi#inally, this project has been designed such that each floor maintains an on- grade entryway into the immediately adjacent parking garage thus allowing residents to -drive directly to their floor in the event of a power outage. There will also be an agreement with a diesel fuel provider to provide fuel replenishment in the event of an extended power outage so that the intent of the ordinance requirement will nonetheless be fulfilled even with the granting of the waiver. Finally, the City's own IT building was granted a waiver from this very requirement. Clearly, the granting of this waiver does not grant a special privilege to our client. Consequently, a positive finding with respect to I_DR Section 2.4.7(8)(5} Waiver Findings, can be made. Therefore, for the reasons enumerated above, we respectfully req-nest that this waiver be approved. O:IMORWfl161Waiver Request.doc Very truly yours, interoffice memo. date:.12/30/08 to: CANDI N. JEFFERSON -SENIOR PLANNER cc: T A C FILE from: Harvey Greenberg -fire dept subject: WORTHING PLACE - 33 SE IsTAVE. 1-THE FIRE DEPT DOES NOT SUPPORT A WAIVER REQUEST FOR GENERATOR OPERATION FOR 48 TO 60 HOURS INSTEAD OF THE REQUIRED 120 HOUR OPERATION REQUIRMENT PURSUANT TO L D R SECTION 4.3.3.00.1.(f} 2-FOR YOUR INFORMATIDN.• ABOVEGROUND FUEL STORAGE TANKS EXCEEDING 600 GALLONS IN CAPACITYMAYBE PLACED ABOVEGROUND IF IT IS A FIRE RESISTANT PROTECTED TANK LISTED AND TESTED INACCORDANCE WITH UL 2085,STANDARD FOR PROTECTED ABOVEGROUND TANKS FOR FLAMMABLE AND COMBUSTIBLE LIQUIDS,AND ADEQUATELY SCREENED FROM VIEW. 3-THE FIRE DEPT.HAS NO OBJECTIONS REGARDING POOL EQUIPMENT STORAGE ON THE GARAGE LEVEL AND ELIMINATION OF THREE (3) PARHING GARAGE SPACES ~C ~ s.0~i'3 ~ ~' ~~~ ','~ From: Hasko, Richard Sent: Tuesday, December 30, 2008 11:08 AM To: Dorling, Paul Cc: Harden, David Subject: FW: pdf It looks like their proposal will allow continuous generator operation for just under 100 hours operating at 30% load. I'm not sure why we have the 120 hours in our code if it exceeds the building code and State requirements as significantly as suggested by the developers representative, but based on our Utility Maintenance Manager's review, I would be inclined to support the requested waiver. I would also recommend looking into that code requirement to confirm that it is not based on some old or obsolete operating conditions or assumptions. We may want to revisit it in the context of current technology and what would constitute a reasonable response time for power outages. From: Williams, Harold Sent: Tuesday, December 30, 200$ 10:53 AM To: Hasko, Richard Cc: Majtenyi, Victor Subject: RE: pdf I looked up the fuel specs for the specified Kohler generator: 100% load uses 15.3 GPH 1 with the specified 550 gallon fuel tank that gives 35 hours of operation 75% Toad uses 11.4 GPHI giving 48.24 hours of operation. 50% load uses 8.3 GPH 1 giving 66 hours of operation 25 % load uses 5.2 GPH I gives 105 hours of operation. The load calculations given for the three emergency panels totals 80 KVA max load. The specified generator is a 250 KVA thus even under peak demand it would be operating at about 30 % of full load. Using the 50 % load fuel consumption this would give them at least 66 hours of operation with the included 550 gallon base tank. !f they can assure that the generator would be fueled every 48 hours there should be no problem. Also when private entities start having to store large quantities of fuel such as the 1000 gallon tank required here for 120 hours of operation, they tend not to maintain the fuel properly. i.e. -cleaning the fuel quarterly, applying algaecide etc. - so when an emergency does occur the generators tend not to operate properly. Harold Williams ESD Manager of Maintenance City of Delray Beach, Florida Phone: 561-243-7308 Fax: 561-243-7344 MEMORANDUM TO: Mayor and City Commissioners FROM: Scott Aronson, Parking Management Specialist Richard C. Hasko, P.E., Environmental Services Director THROUGH: David T. Harden, City Manager DATE: December 16, 2008 SUBJECT: AGENDA ITEM 9.D. -REGULAR COMMISSION MEETING OF .TANUARY 6, 2009 REQUEST FOR IN-LIEU PARKING SPACES/TASTE RESTAURANT ITEM BEFORE COMMISSION The item before the City Commission is consideration of a request from Taste Restaurant for the purchase of eight (8) in-lieu parking spaces. BACKGROUND Taste Restaurant, located at 169-171 NE 2nd Avenue, (Nate's Takeout Restaurant and the neighboring Vision Optical), has submitted a Class III site plan modification for the conversion of 1,690 sq. ft. of existing retail to restaurant and the addition of a 1,031 sq. ft. courtyard dining area in the rear of the property. Land Development Regulations (LDR) 4.6.9(B)(1)(c) and (d) require off-street parking to be provided in situations where the change in use of an existing structure results in additional parking and/or a use is expanded. Parking for the change in use is determined by calculating the difference of 4.5 spaces per 1,000 sq. ft. required for the existing retail uses, (7.6 spaces), and 6 spaces per 1,000 sq. ft. required for the proposed restaurant, (10.14 spaces). An additional 6 spaces per 1,000 sq. ft. must be provided for the 1,031 sq. ft. outdoor dining area, (6.19 spaces). A total of nine (9) parking spaces are required for the proposed site modifications (10.14 - 7.6 = 2.54 + 6.19 = 8.73 which rounds up to 9). The proposed site plan provides one (1) ADA compliant parking space on-site resulting in the applicant's request to purchase eight (8) in-lieu parking spaces. LDR Section 4.6.9(E)(3) states, when the requirement for additional parking results from a change and/or expansion of use the City Commission may approve the payment of a fee in-lieu of the required parking being providing on-site. The City Commission must find that it is impossible or inappropriate to provide the required parking on-site. Due to site constraints and a concrete FPL power pole partially blocking access to the property, it is impossible to provide more than the one ADA accessible parking space already proposed. Consequently, the applicant is requesting to purchase eight (8) in-lieu parking spaces in accordance with LDR Section 4.6.9(E)(3)(d). Located on Pineapple Grove Way, (In- Lieu Area 3), the cost per space is $7,800 each, resulting in total fee of a $62,400, to be paid via an in- lieu of parking fee agreement which requires 50% payment upon signing of the agreement and two subsequent payments of 25% on the 2nd and 3rd anniversaries of the agreement. The subject property is in close proximity to the Old School Square Garage which recently has been showing increased utilization during nights and weekends. Staff has provided additional signage to assist in improving utilization. Additionally, the site plan proposes a sidewalk cafe, which has proven to improve pedestrian activity, an ongoing goal in the Pineapple Grove area. The Downtown Master Plan speaks of shared parking policies and mitigating the urban sprawl created by provision of surface parking lots. The In-lieu program furthers the goals, policies and objectives of the Comprehensive Plan which speak of using innovative ways to address provision of parking. REVIEW BY OTHERS The Parking Management Advisory Board, Downtown Development Authority, Community Redevelopment Agency and Pineapple Grove Main Street Board, at their respective meetings, all unanimously recommended approval of the applicant's request. RECOMMENDATION By motion, approve the request from Taste Restaurant to purchase eight (8) in-lieu parking spaces, in accordance with LDR Section 4.4.13(G)(1)(b) by adopting findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets criteria set forth in Section 4.6.9(E)(3) of the Land Development Regulations IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA IN LIEU PARKING FEE REQUEST FOR TASTE RESTAURANT ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA 1. This in lieu parking fee request for the purchase of 8 parking spaces in- lieu has come before the City Commission on January 6, 2009. 2. The Applicant and City staff presented documentary evidence and testimony to the City Commission pertaining to the in lieu parking fee request for the Taste Restaurant located at 169-171 NE 2~d Avenue. All of the evidence is a part of the record in this case. Required findings are made in accordance with Subsection 1. I. IN LIEU PARKING FEE: Pursuant to LDR Section 4.6.9(E)(3), when additional parking is required due to expansions of use to an existing building and it is impossible or inappropriate to provide such parking, the City Commission may approve the payment of an in lieu fee rather than provide the required parking. In the case of expansions of use, no existing parking spaces may be eliminated. Does the in lieu parking fee request for the purchase of 8 parking spaces in-lieu meet the requirements of LDR Section 4.6.9(E)(3) and the conditions, if any, listed below? At $7,800.00 per space totaling $62,400.00 on the condition that fifty percent (50%) be paid upon signing the agreement twenty-five percent (25%) be paid on the second and third anniversaries of the agreement. Yes No 3. The City Commission hereby finds that the in lieu parking fee request meets the requirements of 4.6.9(E)(3) of the Land Development Regulations, with the conditions listed above, if any, and the City Commission has applied the Comprehensive Plan and finds that its determinations set forth in this Order are consistent with the Comprehensive Plan and Land Development Regulations. 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 or denies the in lieu parking fee request as set forth above. 6. Based on the entire record before it, the City Commission hereby adopts this Order this 6th day of January, 2009, by a vote of in favor and opposed. ATTEST: Chevelle Nubin, City Clerk Rita Ellis, Mayor 2 ~--~ i ~--~ N N ~--~ ~~~ ~ ~ ~ ~~~ ~ ~:~ i O ~~~~ ~ Ai 89VS7 BYIYd9 ® I~ ~ ! ~ _1 _ ~ ~ ~ ~~ ~~.~..g.r.wrrw r...r..~a...w'yn+~rwoaisrr.rwro r~ra,~yru. ~. r.r v~r~~s~eas~a..+w~~w MEMORANDUM TO: Mayor and City Commissioners FROM: Scott Aronson, Parking Management Specialist Richard C. Hasko, P.E., Environmental Services Director THROUGH: David T. Harden, City Manager DATE: November 18, 2008 SUBJECT: AGENDA ITEM 9.E. -REGULAR COMMISSION MEETING OF .TANUARY 6, 2009 WAIVER REQUEST FOR IN-LIEU PARKING FEES/HAMMAD SHOPPES ITEM BEFORE COMMISSION The item before the City Commission is that of reviewing a request from Hammad Shoppes to waive in- lieu fees previously approved at the August 5, 2008 City Commission meeting. BACKGROUND The City Commission, at its meeting of August 5, 2008, approved a request from Hammad Shoppes for the purchase of four (4) in-lieu parking spaces, at a total cost of $16,000. The approval was to accommodate the construction of a mezzanine affiliated with a previously approved class III site plan modification which mainly consisted of a 1,072 sq. ft. expansion and facade improvements. The 1,152 sq. ft. mezzanine was not included on the plans approved by the Planning & Zoning Department, but was subsequently discovered during construction, thereby increasing the number of required parking spaces. The in-lieu request was approved in accordance with Land Development Regulations (LDR) Section 4.6.9(E)(3)(d), allowing payment via an In-lieu of Parking Fee Agreement requiring 50% payment upon signing of the agreement and two subsequent payments of 25% on the second and third anniversaries of the agreement. Upon remittance of the signed agreement and $8,000 payment a letter protesting the payment was included (see attached). The premise of the protest is that the four on-street parking spaces constructed with the NW 5~' Avenuebeautification project, which required elimination of a six (6) space lot formerly located at the front of the property, should have been credited to the subject property. In exchange for the removal of the six (6) back out spaces, the Community Redevelopment Agency funded the construction of a new 10 space parking lot and associated alley improvements to the rear of the property. The relocated parking lot provided the additional four (4) spaces needed to accommodate the proposed modifications which were approved by the Historic Preservation Board on December 6, 2007. Findings: Prior to granting a waiver, the granting body shall make findings 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. Whereas positive findings may be made for items (a) through (c) listed above, Staff feels findings may not be made for item (d) in that the waiving of in-lieu fees is a poor precedent to set. Bobs Famous Bar's rooftop dining area had a planter box, adjacent to the roof edge, which was assessed parking. During deliberations a request to waive these fees was denied by City Commission. Outdoor coolers for restaurants are also assessed parking as the code requires parking for all square footage. The applicant's justification for waiving the fees is attached and includes a reference to LDR Section 4.6.9(B)(4). 4.6.9(B)(4)Notwithstanding the foregoing, effective January 1, 2005, if private land is acquired by a governmental entity for parking or park purposes, the parking spaces attributed to the demand created by the building square footage and use that existed on the land acquired by the governmental entity (less the number of spaces that existed on the property so acquired) shall be credited to land owned by private owner(s) if the land owned by the private owner(s) is located within 300 feet of the land acquired by the governmental entity for parking or park purposes. While Staff recognizes the value of the spaces being in front of the convenience store, there remains some question regarding the applicability of the aforementioned code provision in that: No acquisition of the property was made. 2. The six (6) spaces were relocated to the rear alley, adjacent to the property, with the additional 4 spaces, (total 10 spaces), to accommodate the 1,072 sq. ft. expansion. The construction of this new parking area, along with all necessary alley improvements needed to provide access, were funded by the CRA at no cost to the applicant. 3. The code clearly speaks of square footage that existed on the land, which does not extend to square footage yet to be constructed. The mezzanine was not introduced to the project until after construction had started. It is noted that the property has retained four (4) back out parking spaces on NE 2nd Street immediately adjacent to the convenient store's north entrance. Crediting of parking spaces constructed in rights-of-way is addressed in two sections of the LDR. Section 4.6.9(E)(2) allows for crediting of spaces when the provisions of Sections 4.6.9(E)(3) - In-Lieu of Parking and 4.6.9(E)(4) -Public Parking Fee cannot be applied. The in-lieu of fee program is permitted in this zoning district. Section 4.6.9(E)(3) provides fora 50% credit for new parking spaces constructed in the right-of-way when constructed by the applicant for the in-lieu parking fees. Considering the spaces were not constructed by the applicant, this code provision does not apply. Crediting the four spaces constructed in conjunction with the street beautification project contradicts Sections 4.6.9(B) and 4.4.13(G) which requires parking to be provided on site. RECOMMENDATION Staff is requesting the City Commission to use its discretion in the resolution of this matter. IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA WAIVER REQUEST FOR HAMMAD SHOPPES ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA 1. This waiver request to provide 4 parking spaces has come before the City Commission on January 6, 2009. 2. The Applicant and City staff presented documentary evidence and testimony to the City Commission pertaining to the waiver request for Hammad Shoppes. 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 4.4.13(G)(1) the applicant was required to provide 4 parking spaces due to the addition of a 1,072 sq. ft. mezzanine on the applicant's property. The applicant is requesting a waiver to this LDR Section. Pursuant to LDR Section 2.4.7(8)(5), prior to granting a waiver, the approving body shall make a finding that the granting of the waiver: (a) Shall not adversely affect the neighboring area; (b) Shall not significantly diminish the provision of public facilities; (c) Shall not create an unsafe situation; and, (d) Does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. Would a waiver to Section 4.4.13(G)(1), waiving the requirement for 4 parking spaces, comply with the requirements of 2.4.7(8)(5)? Yes No 3. The City Commission has applied the Comprehensive Plan and LDR requirements in existence at the time the original application was submitted and finds that its determinations set forth in this Order are consistent with the Comprehensive Plan and Land Development Regulations. 1 4. The City Commission finds there is ample and competent substantial evidence to support its findings in the record submitted and adopts the facts contained in the record including but not limited to the staff reports, testimony of experts and other competent witnesses supporting these findings. 5. Based on the entire record before it, the City Commission approves denies the waiver request as set forth above. 6. Based on the entire record before it, the City Commission hereby adopts this Order this 6th day of January, 2009, by a vote of in favor and opposed. ATTEST: Chevelle Nubin, City Clerk Rita Ellis, Mayor 2 Paul Dorling Planning Director) City of Defray Beach 100 NW 1st Avenue Delray Beach FL 33444 Date: August 26, 200$ Re: Hammad Shoppes Extra parking spaces 139 NW 5th Ave Delray Beaeh Fi Dear Mr. Dorling, I am paying the in-lieu fee in order to be able to keep the contractors working on my building, but I want it to be known that I do not agree that (should be charged for the parking. I used to have parking spaces on my property at the front of my store but i allowed the City and CRA to remove them so that they could put in the street improvements, even though they were the most convenient spaces for my customers. I should be able to get credit for those spaces, or I should be allowed to count the spaces that were put in the street in front of my property toward my parking requirement. I intend to seek relief from the fee and if it is granted I will ask to have the in-lieu payment that I am making today refunded to me. Sincerely Mike Ham mad 95~}-270-1049 October 17, 2008 Mr. Paul Dor[ing, A1CP, Director City of Delray Beach Department of Planning and Zoning 100 NW 15t Avenue Defray Beach, FL 33444 Re: Hammad Shoppes -Waiver Request to In-Lieu parking Fee Requirement .Dear Mr. Doriing: This fetter is provided as a formal waiver request to LDR Section 4.4:13(G)(1)(c}, concerning the in-lieu parking fee requirement for Hammad Shoppes, which is located at the southeast corner of NW 5th. Avenue and Martin Luther King, .Ir. Drive, within the CBD (Central Business District) zoning district and West Settlers Historic District. At its meeting of August 5, 2008, the City Commission approved the in-lieu fee parking request for Hammad Shoppes for the purchase of 4 in-lieu parking spaces in the amount of $16,000 to accommodate the construction of 1,152 square feet of additional interior floor area. On August 6, 2408, the Historic Preservation Board approved the Glass 111 site plan modification for the additional interior floor area. The addition has been constructed and $8,000 of the in-lieu fee has been paid. The balance is currently scheduled to be paid in installments of $4,000 over the next 2 years. Per LDR Section 4.4.13{G){1){c), if it is impossible or inappropriate to provide required parking on-site or off-site, pursuant to Subsection 4.6.9(E){4), the in-lieu fee option provided in Section 4.6.9(E)(3) may be applied. Waiver Findinas. Section 2:4.7(B)(5) Findings: Prior to granting a waiver, fhe granting body shall make findings that-fhe granting of the waiver. (a) Shall not adversely affecf 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 fhe same waiver would be granted under similar circumstances on other property for another applicanf or owner. Waiver Anal ysis. There are circumstances concerning this project where the requirement for the in-lieu parking fee should be waived. In 2006, the City and the Community Redevelopment Agency (CRA) constructed streetscape improvements along NW 5th Avenue, which included the construction of 4 on-street parallel parking spaces adjacent to the subject property. In order to accorrtmodate To: Paul I]orfing, AICP Re: Hammad Shoppes --Waiver Request to In-Lieu Parking Fee Requirement Page 2 the construction of the on-street spaces the 6 existing back-out parking spaces in front of the propertylbuilding were eliminated. However, the parallel spaces were not credited toward the amount of parking required for the property and building additionlimprovements. The CRA did improve the alley and constructed 9 parking spaces on the east side {rear} of the property to supplemen# the loss. However, the short-term high-turnover spaces in front of the building were the mast convenient spaces for the customers .and are critical to any commercial business, especially a community market. Crediting the 4 an-street parallel parking spaces should be considered in-lieu of the elimination of the 6 back-out parking spaces, as provided in LDR Section 4.6.9{B}(4}, Per this code section, if private Land is.acquired by a governmental entity far parking or park purposes, the parking spaces attributed to the demand created by the building square footage and use that existed on the land acquired by the governmental entity (less the number of spaces that existed on the property so acquired) shall be credited to land owned by private owner. While this situation does not involve the acquisition of the property, it is a circumstance where existing private parking spaces have been eliminated to accommodate a public improvement. It is noted the CRA has recently purchased a property on the west -side of NW 5t" Avenue adjacent to the Spady Museum which will enable the existing Spady parking lot to be expanded to provide additional public parking for area businesses. The- recently completed improvements to the existing building and property are complementary to the CRA's and City's redevelopment efforts and will have a positive impact on the revitalization of the NW 5t'' Avenue corridor. The waiver wilt not diminish the provision of public facilities and will not create an unsafe situation. The waiver will not result in a special privilege as the same waiver could be granted under similar circumstances where existing private parking spaces are eliminated to accommodate a public improvement. Thus, positive findings can be made with respect to LDR Section 2.4.7(6)(5). Based upon the above, I respectrully request a waiver to LDR Section 4.4.13(G)(1}{c) and request reimbursement of the $8,QQ0.00 in-lieu fee. Should you have any questions or need additional information, please do not hesitate to contact me. Sincerely, Mike Hammad MEMORANDUM TO: Mayor and City Commissioners FROM: Bob Diaz, Construction Manager THROUGH: David T. Harden, City Manager Richard C. Hasko, Environmental Services Director DATE: December 30, 2008 SUBJECT: AGENDA ITEM 9.F. -REGULAR COMMISSION MEETING OF .TANUARY 6, 2009 CONTRACT ADDITION (C.O. NO. 1)BSA CORPORATION/CITY HALL NORTH WING RENOVATIONS ITEM BEFORE COMMISSION This item is before the Commission to consider Contract Addition (Change Order No. 1) in the amount of $8,115.00 to BSA Corporation regarding the City Hall North Wing Renovations, City P/N 2006-016 to add Break Room renovations. BACKGROUND BSA Corporation submitted the attached proposal at the request of Community Improvement for modifications and additions to the scope of work currently underway within the North Wing of City Hall. Renovations to the Break Room would include the following: textured wall finish, millwork with hardware, porcelain floor the and entrance door with an added value of $8,115.00. A location map is attached hereto as Exhibit "A". FUNDING SOURCE Funding is proposed from account 334-6112-519-62.86 General Construction Fund/City Hall-North Wing & Chamber. RECOMMENDATION New cabinets and a new door are definitely needed. Removing the wall covering and changing the floor the are not essential, but would improve the room to match other remodeled areas. Staff recommends consideration of Change Order No. 1 in the amount of $8,115.00 regarding the City Hall North Wing Renovations project. ~ ~E 2nd Street Delray E3e~ch, ~'L 33444 i'Phton~} ~6~-272-~38t7 (~ax~ 56'I W272-744{7 d "~ &~~tCJECF; City ~f&B In#arior RenceEratiart f~tt~Se ! ~rr3FE ~~ : OR,~r7 [~A~ QUt1'i'i~b: 72i(#8/i3B '~C7: David Mi#fer avid Mfilar & Associates 769(3 5r~u#troarn Bpuievard ~fest PairYt Beaah, E`L 334Cs6 {f'flone) 5fi7-897-~70Q {Fake 661-887~1Ct5 PI~0,1iMt:F ~#C.: J07i7fi ARCM. PFt(3J~C~' FI{3,: 6x69#39 MAYS AE.LCIUU~D FaR API~t~C1YA#.: 3 ~xPtf3A'~I©~! C,4Tlr: 1217 71Q8 7~Et~Li~STfMi3 EXi'BT~SI~N OF'671Yf6 tt<t GAYS: 8 Ptnvide labor and rr~aferiats requrred to comptele the addltiortat vvosk s#u3wn in the break ranm on shaeis PR-1, Cr-1, I[}-'l, A-4.Q, A 't.4, AW1.1.4, A-1.2, A-1.2.4, A-2, A-2.4, MEIN-1.p, M-1.7, M-1.2, F-1.1, ~-4.2, br-1,1.1 Addendum # ~ da#ed QfifE13t08eS noted beipw: 1. Exis#ing calling and light fixtures to remain as direc#ed by David ltRlller. 2. Rerncve watt paper frorr~ existfng welt. 3. f=xisittng AC grids fa rn~aln as direct by David t~ltiter. ~. F~"ssh dryw2~ll vaaits after wa4t paper has bee€~ removed, 5. ReFnove and repiac~ cabinets 6. Add new file tlaor at roam 125 7. Remove and replace erttranem door SUBCC3~t"1"f'~.CTAFtS ! V~PIDCsFts Sl9B i ~E~DCR ~lf3ttl5 ~3C~t3F''I'ft7N ~uY c3U [~ D t , tyavg l teens, tnc. 8D7.3 drywefl ~~~ X736 IVfarin 5equeira Painting, LLC Pain#ing ~ X30{} BS1a Corpora#fart Ala®r & Hardwrare a# freak raorci $60€3 iCMf ir~ternatlanal ino. PlatN Cal~inefs $x 885 Heriga$e Carpet & Ttle, frtc. 9tt3.3 Ceramic "€'it~ , 67,919 85A Garpors#;c+n t7utt~ps#er x'168 8SA Cartsars#ic~n t~ernafi#icsrc ~ X50 BSR Garporation Pra~ect Management! 5upervisian ~ f $6t3U bvsrhead & Prcat`tt ~SQ7 ~l~F P~t~FC3i2118 D ~CrRK ~; i I ~ ~ ~ ~ ~ 0 I I I I ( I ~~ ~ ~ i ¢t ~ ! ~ ~ ( ~n~ ~~' I a!~~n ° I ° p' I II ~~ ~ I ~a ~ I I I o ~° 1 ~~ ~ 1 ~ ~ I I I v I I x~ ~~ f ~ € ~ U I FJ V f J C:] ~ ~ C!~ r'~w ~ L^" s~ ~„ C.' ~„ ~~ ~~ ~ +~~,,+ ~~' ~ ~~Z~~` 3 f a E ~~~~~ il `-a ~ U~ i t~ C `' ~' ~~~~2 { i ~ ixz~~a [ [ ~~U°~a. i~ ~~."rn~Wq ~ ~UC~I aC7 ~~~v~ ~69?^ O °c7 ~.'O ~, qty t3 ~W~e-~~~ ~r dUG1.. U]6c^ i ~ 1 •~ D ~-I MEMORANDUM TO: Mayor and City Commissioners FROM: Terrill C. Pyburn, Assistant City Attorney THROUGH: Susan A. Ruby, City Attorney DATE: December 11, 2008 SUBJECT: AGENDA ITEM 9.G. -REGULAR COMMISSION MEETING OF .TANUARY 6, 2009 GENERAL RULES OF PROCEDURE OF THE CODE ENFORCEMENT BOARD ITEM BEFORE COMMISSION The attached proposed Code Enforcement Board rules revise the earlier rules in Article VI, Paragraph 2 to provide that each party will have up to 20 minutes to present their case; Citizen Participants or their representatives may speak up to three (3) minutes regarding the violation; and cross examination and rebuttal shall last no longer than two (2) minutes. BACKGROUND The Code Enforcement Board approved these proposed rules at their meeting on December 8, 2008. They are attached for your review and approval. RECOMMENDATION The City Attorney's Office recommends City Commission discretion. GENERAL RULES OF PROCEDURE OF THE CODE ENFORCEMENT BOARD CITY OF DELRAY BEACH, FLORIDA Article l: General. The Code Enforcemen# Board (hereinafter referred to as "the Board") shall be governed by Chapter 37 of the Code of Ordinances of the City of Delray Beach, Florida, (hereinafter referred to as "the City'"), Chapter 1 fit of the Florida Statutes and the General Rules of Procedure set forth herein, as adopted by the Board and approved by the City Commission of the City. Article ll: Officers. 1. The Board shall elect a Chairperson and aVice-Chairperson annually in the month of January at a regularly scheduled hearing from among its members. by a majority vote of its members present and voting at the time of election. 2. The Chairperson, or in the absence of the Chairperson, the Vice- Chairperson, shall preside at all proceedings of the Board and shall rule on all points of order and procedure. If both the Chairperson and the Vice-Chairperson are absent at a particular hearing, the members present at that hearing shall, by majority vote, elect a member to preside at that hearing only. 3. The Board Clerk, appointed by the City Manager, shall administer oaths, record proceedings of the Board, keep minutes of proceedings, take roll calls, record votes of the Board and carry out related duties pertaining to preparation, posting, and distribution of agendas., distribution of materials to Board members and preparation of Board Orders for signature. The Board Clerk's designee shall assume the aforementioned duties in the absence of the Board Clerk. Article III: Hearings, Quorum, Order of Business, Conflicts. 1. The Board shall conduct a hearing on the second Tuesday and an the fourth Tuesday of each month, except during the months of November and December, at 1:30 p.m. at City Hall in the City, unless there is no cause to hold such hearing or if a particular hearing coincides with a Holiday as designated by the City. Annually in November and December, the Board may only hold one meeting in each month. 2. The Chairperson of the Board may call hearings of the Board. Hearings may also be called by written notice signed by at leas# three members of the Board. 3. A quorum is required. to conduct a hearing. A quorum shall consist of four (4) or more members of the Board. All findings and orders of the Board require a vote of a majority of its members present and voting, except that at least four {4} members of the Board must vote. 4. All hearings shall be open to the public. The Board Clerk shall administer oaths to ali persons testifying before the Board. 5. The order of business at hearings shall be set by the Board, 6. if al! business cannot be finished, the Board may adjourn unfinished items to a future time and future date certain, Notice of the future time and future date shall be given to the respondents affected by the adjournment. 7. Conflicts: A Board member- shall not abstain from voting unless the member has a conflict of interest pursuant to the requirements of Florida Statutes, Chapter 112, Section 112.3143(4}{a). Article IV. Absences, Removal from Office. Board members may be suspended or removed for cause according to the procedures for removal asset forth in the Code of Ordinances of the City. Article V. Parliamentary Procedure. Roberts Rules of Order shall be the final authority concerning questions of parliamentary procedures. Article Vl. Hearing Procedures. The Board. shall be governed by the following rules: a) Hearings shall be informal and need not be conducted according to technical rules of evidence. Hearings shall be conducted in accordance with these rules. Fundamental due process shall be observed and shall govern all hearings. b} All relevant evidence shall be admitted if, in the opinion of the Board, it is the type of evidence upon which a reasonable and responsible person would normally rely in the conduct of business affairs, regardless of the existence of any common law or statutory rule which might make such evidence inadmissible over objections in civil actions. The Chairperson of the Board may exclude irrelevant or repetitious evidence. 2 c) Should a Board member request additional information not included in the supporting materials provided for a particular case on an agenda, the request shall be directed to the Chairperson. The Chairperson sha11 request that the Board members present vote as to whether the requested materials are necessary to render a decision in the particular case. If the Board by a majority vote of those members presen# determines that the requested additional materials are necessary, the case shall be postponed to a future date and time certain to allow the Board Clerk to locate the requested information. d} Hearsay evidence may be accepted for the purpose of supplementing or explaining direct evidence, but such hearsay evidence shall not in and of itself be considered sufficient to support a finding or decision, unless the evidence would be admissible over objet#ions in a civil action. e) Each party to the hearing shall have the right to call and examine witnesses, introduce and examine evidence, introduce exhibits, cross-examine opposing witnesses, impeach witnesses, and rebut evidence. f) The respondent has the right to retain an attorney for representation at a hearing. All testimony before the Board shall be under oath and shall be recorded. The respondent or the City may cause the proceedings to be recorded by a certified court reporter or by a certified recording instrument. g) If the City prevails in prosecuting a case before the Board, it shall be entitled to recover all costs incurred in prosecuting the case before the Board. 2. Proceedings relating to hearings shall be in the following order: a) Swearing in of Witnesses. All Witnesses,. Parties, the Respondent, .Citizen Participants and their representatives and City Staff who plan to speak at the hearing shall collectively be sworn at the beginning of the hearing by the Board clerk: b) Disclosure of Ex Parte Communications. The Board members shall disclose any ex party communications and disclose whether any member physically inspected the property. To the extent possible, the Board member shall identify with whom the camrnunication took place, summarize the substance of the communication, and the date of the site visit., if any. The Board members shall give the 3 Board clerk, any written ex parts communications they have received that are not already included in the project file. c) Presentation of the Case. 1. The City Staff shall have up to twenty (20} minutes to present its case. 2. The Respondent shall have up to twenty (20} minutes to present its case. 3. Parties may have up to twenty (20) minutes to present their case. 4. Citizen participants or their representatives may speak for up to three (3} minutes regarding the violation. 5. The opportunity to cross-examine will occur after the presentation of a witness, and the manner and the conduct of cross-examination shall be as provided in these rules and shat[ last na more than two (2} minutes. 6. The City Staff, the Respondent, and Parties may have two (2) minutes each for rebuttal 7. The Board may ask questions at any time during the proceeding. 8. The Board will commence deliberations and render a decision. d) Crass-examination. 1. Persons to be Cross-Examined. The City Staff, the Respondent, Parties, their respective witnesses and Citizen Participants are subject to cross-examination as set forth herein. 2. Cross-Examination Guidelines. i. Citizen Participants are subject to cross-examination by the Board Chair only. In the event of an absence of the Board Chair, the term Board Chair shall be deemed to include the person authorized to run the meeting in their absence. If the Staff, the Responden#, or Parties desire to have the Board 4 Chair cross examine a Citizen Participant, they shall, whenever possible, present written cross-examination questions to the Board Chair prior to the commencement of the cross-examination. The Board Chair shaA first ask the cross-examination questions submitted by Staff, then the Respondent, and finally the Parties based an who submitted a request and became a Party first, The Staff, Respondent, and any Parties' cross-examination through the Board Chair ]s limited to two {2) minutes per Citizen Participant. ii. Only the City Staff, the Respondent, or a Party may cross-examine non-Citizen Participant witnesses. iii. Crass-examination by City Staff, the Respondent, or a Party shall be limited to two (2} minutes per witness each. iv. The Board is not limited to two (2) minutes and may ask questions of anyone who testifies at any time during the proceedings. 3. Relevancy. Ali relevant evidence shall be accepted. 4. Scope, The scope of the cross examination shall be limited to the fac#s alleged by the person testifying in relation to the application. 5. Good Fai#h Questions.. The cross-examination shall not be designed to merely harass, intimidate, or embarrass the person testifying. 6. Power to Hait Cross Examination, The Board Chair shall determine whether the question and evidence is relevant .and the proper scope ofi cross-examination. In the absence of the Board Chair, the term Board Chair shall be deemed to include the person authorized to run the meeting in hislher absence. The Board Chair may defer to the City Attorney {or Assistant City Attorney) to determine the relevancy of the question and the evidence and the proper scope of the cross-examination. The person conducting the cross- examination may be stopped from pursuing a line of questioning, if the questioning is on an issue that is not relevant, the scope of proper cross examination is exceeded, or the cross-examination is conducted in a manner that is 5 designed to harass, intimidate, or embarrass the person being cross-examined. ifi a person conducting the cross- examination confiinues to pursue improper lines- of questioning, the Board Chair may halt the cross- examination. Article VII. Powers of the Board. The Board shall have the powers to adopt rules for the conduct of its hearings not otherwise in conflict with Chapter 37 of the Code of Ordinances of the City, and Chapter 162 Florida Statutes, to subpoena alleged violators and witnesses to its hearings, to subpoena evidence; to take testimony under oath, and to issue orders having the force of law commanding whatever steps are necessary to effect compliance. The City, the Board, or the respondent may request that witnesses and records, including surveys, plats, and other materials, and other evidence be subpoenaed to any formal hearing. The Chairperson shall provide the Board Clerk with sufficient signed and blank witness subpoenas to be provided to a respondent for the purpose of subpoenaing witnesses, records, and other evidence. The respondent shall pay to the City a fee of $22.OQ for each subpoena issued. Article VI[I. Appeals, Reconsiderations, and Board Orders. 1. Appeals: Every Board Order shall be final subject to the right of the aggrieved party, including, without Limitation, the City or the respondent, to appeal to the Circuit Court of the Fifteenth Judicial Circuit of Florida in and for Palm Beach County, Florida. Such an appeal shall not be a hearing de novo, but shall be limited to appellate review of the record created before the Board. An appeal shall be filed within thirty (30) days of the execution of the order to be appealed. 2. Fine Reduction., Time Extension and Reconsideration: Arespondent or petitioner may request that the Board extend or reconsider an order or a fine amount. Any such request must be documented on a form approved by the Board and available from the Board Clerk. However, such request shal{ not be construed to extend or in any way alter any deadline for any party to file an appeal of a previously executed Board Order with the Circuit Court. 2. Enforcement Drders: Every Board Drder shall be in writing, shall include findings of fact and conclusions of law, shall be signed by the Chairperson or Vice- Chairperson, and shall be filed in the office of the Board Clerk. A copy of the signed order shall be served as specified in Chapter 162 of the Florida Statutes. The Board shall, in every proceeding, reach a decision without unreasonable or unnecessary. delay and shall, in all instances, reach a decisior? within twenty (20) calendar days from the date of the hearing at which the case was heard. 6 Article iX. Adoption; Amendments; Required Review; Effective Date. These general rules or subsequent amendments: 1. Shall be adopted by the Board by a majority vote of members present and voting at the time of adoption. 2. May be amended by the Board by a majority of members present and voting at the time of adoption of the amendment, however, said amendments will require approval of the City Commission. 3. Shag be reviewed by the Board every two years. 4. Shall become effective upon approval by the City Commission. 5. Were adopted by the Board on this ~ day of l~ ~.~~ 200° ,. a .t. sr~r irpers n, Code nforcem nt B and 6. Were approved by the City Commission and became effective on the day of , 200,; CITY OF DELRAY BEACH, FLORIDA ATTEST: City Clerk Approved as to Form: City Attorney Rita Ellis, Mayor 7 MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: December 22, 2008 SUBJECT: AGENDA ITEM 9.H. -REGULAR COMMISSION MEETING OF .TANUARY 6, 2009 APPOINTMENT TO THE NEIGHBORHOOD ADVISORY COUNCIL ITEM BEFORE COMMISSION This item is before the Commission for an appointment to the Neighborhood Advisory Council. BACKGROUND Ms. Pamela Williams (At Large Representative) was removed from the Neighborhood Advisory Council due to missing three (3) consecutive meetings. This creates a vacancy for one (1) regular member to serve an unexpired term. The appointment should be made for a term ending on July 31, 2010 to comply with the expiration date required in the City Code. There is also a vacancy for Zone 2, but no applications have been submitted for this particular zone. The Neighborhood Advisory Council was established for the purpose of maintaining broad-based community involvement with the residents, creating neighborhood outreach initiatives, enhancing communication, improving the aesthetics of the neighborhoods and identifying any potential threats to the stability of the neighborhoods. The Council consists of fifteen (15) regular and two (2) student members. Twelve (12) members are residents with two (2) selected from each of the six neighborhood zones, and three (3) at large representatives, who may be selected from a community civic organization or business owner located within a neighborhood zone interested in the enhancement of its surrounding neighborhoods. A map of the appointment zones is included for your review. The following individuals have submitted applications and would like to be considered for appointment. See Exhibit "A" attached A check for code violations and/or municipal liens was conducted. None were found. Voter registration verification was completed and all are registered with the exception of Mr. Mercatur Guerrier. Based on the rotation systerm, the appointment will be made my Mayor Ellis (Seat #5) for one (1) regular member to serve an unexpired term ending July 31, 2010. RECOMMENDATION Recommend an appointment of one (1) regular member to the Neighborhood Advisory Council to serve an unexpired term ending July 31, 2010. 10/08 NEIGHBORHOOD ADVISORY COUNCIL TERM EXPIRES DISTRICT NAME & ADDRESS 10/31/10 Zone 1 Gaston Joseph, Vice Chair Une%P APPPt 08/21/07 Reapptl0/16/07 10/31/10 Zone 2 Vacant 10/31/10 Zone 3 Linda Laurence Leib Une%p Appt10/17/06 Reapptl0/16/07 10/31/10 Zone 4 Harold Van Arnem Appt10/16/07 07/31/11 Zone 5 Gail-Lee McDermott Une%p 03/03/08 Reapptl0/07/08 07/31/11 Zone 6 Linda Prior Une%p Appt 02/20/07 Reapptl0/07/08 07/31/11 Zone 1 Ria Santos Une%p Appt12/11/07 Reapptl0/21/08 07/31/11 Zone 2 Mary-Elizabeth Cohn Appt10/21/08 10/31/09 Zone 3 Shirl Fields Appt10/17/06 10/31/09 Zone 4 Claudia Flores Appt10/17/06 10/31/09 Zone 5 Matthew Hartley Appt10/17/06 10/31/09 Zone 6 Joseph Kamarata, Chair Appt10/17/06 07/31/10 At Large Vacant Re resentative 07/31/11 At Large Patricia Westall Une%p Apps 04/19/05 Representative Reapptl0/25/05 Rea t10/07/08 10/31/09 At Large Charles Stravino Appt11/04/03 Representative Reapptl0/17/06 07/31/09 Student Vacant 07/31/09 Student Vacant S/City Clerk/Board 08/Neighborhood Ad~risory Council NEIGHBORHOOD ADVISORY COUNCIL EXHIBIT "A" Applicant Subdivision At Large Representative Annie Adkins Roof Captains Walk Mark Behar (currently serving on the Code Enforcement Board) Lees Crossing Margherita Downey Town of Delray Gerald Franciosa (also applying for the Code Enforcement Board) Tropic Isles Jennifer Garrison Pineridge Heights Mercatur Guerrier Delray Estates Hansford Higginbotham Lake Forest South Isabel Make Estuary Pearl Markfield Elrod (also applying for the Code Enforcement Board) Town of Delray William Milner Chatelaine Bryce Newell (currently serving on the Board of Adjustment) N/A Kathy Shackman Sabal Lakes James Smith Banyan House CITY OF DELRAY BEACH, FLORIDA IVeigh,borhood Advisory Council -Appointment Zones ...~ ~~ CITY CtF DFZRAY 8EAC1{ FL ALADO~IAYG 6 ZONYNG DEPAATMIBIVI' MARCH 2006 „- _, . ~ ONE MILE ~ CRY LIMB •~~~~~~~~~~~~ -•OIGR'ALBA9EliMPSYSTAf-- GRAPHlC SCALE --- --- # -AREA IV[AMBER MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: December 22, 2008 SUBJECT: AGENDA ITEM 9.I. -REGULAR COMMISSION MEETING OF .TANUARY 6, 2009 APPOINTMENTS TO THE CODE ENFORCEMENT BOARD ITEM BEFORE COMMISSION This item is before the Commission for appointments to the Code Enforcement Board. BACKGROUND The terms for Mr. Robert Marks, Mr. Anthony Veltri and Mr. Mark Behar will expire on January 14, 2009. Mr. Marks and Mr. Behar will have served one (1) full term, are eligible and would like to be considered for reappointment. Mr. Veltri will have served two (2) full terms and is not eligible for reappointment. Please note that Ms. Shannon Dawson and Mr. Albert Richwagen are both alternate members and would like to be considered for regular membership. Appointments are needed for three (3) regular members to serve three (3) year terms ending January 14, 2012. All members of the Code Enforcement Board must be residents of the City. Appointments to both regular and alternate member positions shall be on the basis of experience or interest in the fields of zoning and building control. The regular and alternate membership of the Board shall, whenever possible, include an architect, a business person, an engineer, a general contractor, a subcontractor and a realtor. The following individuals have submitted applications and would like to be considered for appointment: See Exhibit "A" attached A check for code violations and/or municipal liens was conducted. None were found. Voter registration verification was completed and all are registered. Based on the rotation system, the appointments will be made by Commissioner Eliopoulos (Seat #1), Commissioner Fetzer (Seat #2) and Commissioner McDuffie (Seat #3) for three (3) regular members to serve three (3) year terms ending January 14, 2012. RECOMMENDATION Recommend appointment of three (3) regular members to the Code Enforcement Board for three (3) year terms ending January 14, 2012. CODE ENFORCEMENT BOARD 06/08 TERM EXPIRES REGULAR MEMBERS OCCUPATION POSITION FILLING 01/14/2010 George Thacker Accounts La~~person une%p apps o3/zo/o~ Manager Une%p Reg O6/03/08 01/14/2010 Stanley Brodka Financial Services Layperson une%p appt09/05/06 Rea t01/02/07 ReQ 01/14/2011 Kelli Freeman Staffing Manager Business Person appt 01 /03/08 reg Une%p appt 10/2/07 alt 01/14/2010 David Hawke, Chair Architect Architect Une%p alt appt 01 /07/03 Une%p Regular appt 04/15/03 Reappt0l/06/04 Reappt0l/02/07 01/14/2009 Robert Marks Construction General Contractor Une%p alt appt 01 /07/03 Une%p Reg appt04/15/03 Reappt02/07/06 01/14/2009 Anthon~~ Veltri Retired/General La~~person ait apps o1/oz/o1 Adjuster Une%p Regular appt 02/02/01 Reappt0l/07/03 Rea t01/17/O6 01/14/2009 Mark Behar, Vice Chair Property Mgmt. Layperson appt. 09/09/03 alt Une%p apptl0/05/04 Reappt02/07/06 ALTERNATES 01/14/2010 Shannon Dawson Real Estate Real Estate Une%p appt O6/17/08 01/14/2010 Albert Richwagen Business Owner La~~person Une%p appt06/17/08 Contact: Danise Cleckley 243-7213 S/Cifi Clerk/Board 08/Code Enforcement Board CODE ENFORCEMENT BOARD EXHIBIT "A" Name Background Parnel Auguste Real Estate Attorney Mark Behar Business Owner/Investor & Manager (Incumbent) (also applying for the Neighborhood Advisory Council) David Boone Semi-retired Attorney/Educator Shannon Dawson Real Estate ConsultantBusiness Owner Gerald Franciosa Retired-Law Enforcement (also applying for the Neighborhood Advisory Council) Pearl Markfield Elrod Realtor (also applying for the Neighborhood Advisory Council) Robert Marks Chief Construction Inspector (Incumbent) Mel Pollack Director of Security Albert Richwagen Business Owner (Incumbent) Harvey Starin Real Estate Broker Stephanie Sugar Regional Director MEMORANDUM TO: Mayor and City Commissioners FROM: Susan A. Ruby, City Attorney DATE: December 23, 2008 SUBJECT: AGENDA ITEM 10.A. -REGULAR COMMISSION MEETING OF JANUARY 6, 2009 RESOLUTION 2-09/PURCHASE AND SALE OF REAL PROPERTY AGREEMENT/CRA/MOUNT OLIVE MISSIONARY BAPTIST CHURCH ITEM BEFORE COMMISSION Resolution 2-09 has been prepared for the purpose of authorizing the CRA to sell CRA Property located at 429 N.W. 1st Street to Mount Olive Missionary Baptist Church of Delray Beach for $1,000.00 with the CRA receiving a perpetual parking easement over Mount Olive Missionary Baptist Church's 35 space parking lot located on N.W. Str' Avenue. BACKGROUND See memo from Diane Colonna, CRA Executive Director, dated December 22, 2008. RECOMMENDATION The City Attorney's office recommends City Commission discretion. RESOLUTION NO. 2-09 A RESOLUTION OF THE QTY COMMISSION OF THE C[TY OF DEI.RAY BEACH, FLORIDA, AUTHORIZING THE DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY (CR.A) TO SELL CRA PROPERTY LOCATED AT 429 N W. 1sT STREET TO MOUNT OLIVE MISSTOIVARY BAPTIST CHURCH OF DELRAY BEACH FOR ONE THOUSAND DOLLARS ($1,000.00) WITH THE CRA RECEIVING A PERPETUAL PARKING EASEMENT OVER MOUNT OLIVE MISSIONARY BAPTIST CHTJRCH'S THQtTY FIVE (35) .SPACE PARKING LOT LOCATED 01V N W. 5TH AVENUE; SETTING A PUBLIC HEARING AT QTY HALL, 100 NW. 1ST AVENUE, DELRAY BEACH, FLORIDA FOR 7':00 P.M. ON JANUARY 6, 2009, PURSUANT TO FLA, STAT.1.63.384{2). WHEREAS, the Community Redevelopment Agency wishes to sell property located at 429 N.W. 1St Street for One Thousand Dollars ($1,000.00); WHEREAS, the CamRn,nity Redevelopment Agency (CRA) will, as part of the sale, obtain from Mount Olive Missionary Baptist Church of Delray Beach, a perpetual parking easement over 11~Iount Olive's thirty-five (35) space parking lox located on N W. 5~ Avenue; and WHEREAS, Fla. Stat. 163.380{2) requires the consent of the City after a Public Hearing for the sale and exchange; and WHEREAS, the City of Delray Beach hereby determines that it is in the best interest of the City of Delray Beach, Florida and the Carnmunity Redevelopment Agency to pursue the sale and exchange of property for the Uses herein described. NOW, THEREFORE, BE IT ORDAINED BY THE QTY COMMISSION OF THE QTY OF DELAY BEACi~ FLORIDA, AS FOLLOWS: Se 'on 1, That the Cny Conunission of the City of Delray Beach, Florida hereby consents to the sale of land located at 429 N W. 1St Street and as legally described below by the Community Redevelopment Agency to Mount Olive MissionaryBaptist Church of DelrayBeaeh for One Thousand Dollars {$1,000.00). 429 NW 1St Street -Legal Description: The East 84 feet 6 inches of Lot 8, Block 27, Town of Linton (now Delray Beach), as Recoxaded in flat Book 1, Page 3 of-the Public Records of Patin Beach County, Florida; and action 2. That as part of the sale, the City of Delray Beach hereby consents to the receipt by the CRA of a perpetual easement over the thirtyfive (35) space parking lot owned by Mount Olive Missionary Baptist Church of Delray Beach located on N W.1St Avenue legally described below as: Mt. Olive Par ' Easement - D cri ti n: Lots 2 and 3, Block 28, Town of Linton (now Delray Beach), as Recorded in Plat Book 1, Page 3 of the Public Records of Palm Beach County, Florida; Together with; The 16'utility and ingress-egress easement adjacent thereto as recorded in O.R. Book 69, Page 20 of the Public Records of Palm Beach County, Florida. action 3. The City of Delray Beach hereby finds that the fair value of the sale is sufficient when the perpetual easement value is also considered. Nonetheless, pursuant to Fla. Stat. 163.3$0(3), a Public Hearing on the sale is being held. The Cityfinds-that it is in the long term interest of the Cityand CRA for the GRA to enter into this sale of CRA property and for the CRA to receive a perpetual parking easement over the property owned by Mount. Olive Missionary Baptist C~rurch of Delray Beach Section 4. That a duly noticed Public Hearing on the sale of property and the accompanying receipt of. the perpetual easement by the CRA has been set for this 6~ day of January, 2009 at City Hall, 100 NW. 1$t Avenue, DelrayBeach, Florida. PASSED .AND ADOPTED in regular session on the day of , 2009. ATTEST: MAYOR City Clerk PURCHASE AND SALE OF REAL PROPERTY .AGREEMENT THIS AGREEMENT is made and entered into as of this day of October, 2008 "Agreement") by and between the Delray Beach Community Redevelopment Agency, a Florida public body corporate and politic created pursuant to Section 1.63.356 F.S, whose post office address is 20 North Swinton .Avenue, Delray Beach, Florida 33444 (hereinafter referred to as "SELLER") and Mt. Olive Missionary Baptist Chnrch of Delray Beach, a non-profit corporation, whose post office .address is 40 NW 4'~ Avenue, Delray Beach, FL 33444-2526 (hereinafter referred to as "PURCHASER"). In consideration of the mutual agreements and upon and subject to the terms and conditions herein contained, the parties hereto. agree as faIlows: 1. DEFINITIONS. The following terms when used in this Agreement for Purchase and Sale shall have the following meanings: I.1 Pro e That certain real property located at 429 NW 1~ Street, Delray Beach, FL together with a building thereon and attached personal property (hereinafter collectively referred to the "Property") which Property is more particularly described with the legal description in Exhibit "A," attached hereto and made-apart hereof 1.2 Closing. The delivery of a Special Warranty Deed to PURCHASER concurrently with the delivery of the purchase price and other cash consideration to SELLER 1,3 Closing Date. The date upon which the closing occurs. 1.4 Deed. A Special Warranty Deed which shall convey the Property from SELLER to PURCHASER 1.5 Earnest Money. The sum of Ten ($10.00) DoIlars has been delivered from PURCHASER to Escrow Agent pursuant to Section 2.1 set forth herein. 1.6 Effective Date. The Effective- Date of this Agreement shall be the date upon its execution by all parties to this Agreement: SELLER,. PURCHASER and the Escrow Agent. 1.7 Escrow A eg_nt. Garen, Cherof, Doody, & Enrol, P.A. ("Escrow Agent") with aces at 3099 East Commercial Boulevard, Fart Lauderdale, Florida; and 7b N.E. 5`~ Avenue, Delray Beach, Flarida.33463. 1.8 Other Definitions. The terms defined in any part of this Agreement shall have the defused meaning wherever capitalized herein. Wherever appropriate in this Agreezx-ent, the singular shall be deemed to refer to the plural and the plural to the singular, and pronouns of each gender shall be deemed to comprehend either ar both of the other genders. As used in this Agreement, the terms "herein", "hereof' and the-like refer to this Agreement in its entirety and not to any specific section or subsection. 2. PURCHASE AND SALE. 2.I Purchase Price. One Thousand and no1100 DaIlars ($1,000.00}, together with the granting to the Seller of a perpetual easement by the Buyer for public parking purposes over certain real property owned by the Buyer, as described and substantially in form in Exhibit "A" attached hereto, which presently contains thirty-five (35) parking spaces and is located on NW 5th Avenue: 2.Z Earnest Mon Concurrently with the execution of this Agreement by PURCHASER acid SELLER, PURCHASER shall deposit and cause to be placed in an account maintained by GOREN, CHEROF, DOODY .AND EZROL, P.A.. (hereinafter the "Escrow Agent") monies iua the amount of Ten 001100 ($10.00) Dollars (the "Escrow Deposit"). At closing, a copy of the closing statement signed by both parties hereto shall be conclusive evidence of the SELLER'S right to receive the deposit. Except in the event of PURCHASER'S default hereunder, the interest on the Escrow Deposit shall inure. to the benefit of PURCHASER 2.3 Balance of Purchase Price. PURCHASER shall pay the balance of the Purchase Price to SELLER at closing by readily negotiable funds dra~c+n on a local financial institution pursuant to the terms of the Agreement for Purchase and Sale or by wire transfer to an account identified by SELLER. 2.4 The Purchase includes: (a) All right-of-ways, alleys, waters, privileges, easements and appurtenances which are on or benefit all the Propert}; (b) AlI right, title and interest, if any, of SELLER in any Property lying in the bed of any public or private street or highway, opened or proposed, in front any of the adjoining Property to the center line thereof, (c) To the extent transferable, all licenses, permits, approvals, and other governmental authori~tions relating to the operation use or occupancy of the Property. to the extent 2 the same are transferable to PURCHASER and in effect as of the Closing Date (the Government Approvals" and contracts and leases, if applicable, with respect to the Property (the "Contracts"}. 3. INSPECTIONS. PURCHASER shall .have a thirty (3Q) calendar days commencing as of the Effective Date to determine that the Property is satisfactory for PURCHASER'S purpose (hereinafter the "Inspection Period"). Additionally, that the Property has adequate services available and that all Federal, State, County and local laws, rules and regulations have been and are currently being complied with relative to the Property. 3.1 During the Inspection Period, it shall be the responsibility of the PURCHASER to determine that utility services including, water, waste water, electric, telephone .and all other utilities are available in the- proper size and capacity to serve the Property and installed to the Property Imes. At all fiimes during the Inspection Period, PURCHASER and its- agents shall be provided with reasonable access during normal business hours to the Property for purposes of an on- site inspection. In the event that any inspections and any review of documents conducted by the PURCHASER relative to the Property, during this period prove unsatisfactory in any fashion, the PURCHASER, at its sole discretion, shall be entitled to terminate this Agreement prior to the expiration. of the Inspection Period. In that event, PURCHASER will provide written notice by mail or facsimile to SELLER and/or SELLER'S counsel at any tixne prior to 5:OQ p.m. on or before the expiration of the Inspection Period and receive an immediate refund of all deposits-.plus interest paid hereto or proceed to closing as se# forth herein. 3.2 SELLER shall provide PURCHASER or provide.r~asonable access to any Appraisals, Environmental Reports (Environmeatal Phase I and II if any), Surveys, and all other studies it may have its possession relating to the Property and shall consent to an assignment of such items to PURCHASER or PURCHASER'S lending institution and shall provide all and existing Leases on the Property. 33 PURCHASER'S right to inspect and enter on to the Property during the Inspection Period is expressly conditioned upon PURCHASER'S covenant to protect the SELLER from the filing of any liens against the Property. In the.event that any such liens are filed as a result of work performed or requested by PURCHASER, the PURCHASER shall either pay the sum claimed by the lienor or bond such claim in the manner permitted by law within five (5) days a$er PURCHASER receives notice of the lien. If PURCHASER does not discharge or transfer to bond any 3 claims of lienar after three {3) days written notice by SELLER, then PURCHASER shall be in breach of this Ageement and PURCHASER shall be responsible far damages caused thereby. 4. SELLER'S REPRESENTATIONS. To induce PURCHASER to enter into this Agreement, SELLER makes the following representations, all of which, to the best of its knowledge, in all material respects and except as otherwise provided in this Agreement (i) are now true, and (ii.} shall be true as of the date of the closing unless SELLER receives information to the contrary. In that event, PURCHASER shall be provided. immediate notice as to the change to the fallowing representations: 4.1 At all times prior to closing, SELLER shall beep the Property free and clear of any mechanic's or materialmen's liens for work or materials .fin-nished to or contracted for, by ar an behalf of SELLER prior to the closing. 4.2 SELLER has no actual knowledge of pending or contemplated condemnation proceedings affecting the Property or any-part t]hereQ£ 4.3 SELLER has no actual Iaiowiedge nor has SELLER received any notice of any litigation, claim, action or proceeding, actual or threatened, against SELLER ar the Property by any organization, person, individual ar governmental agency which would affect (as to any threatened litigation, claim, action or proceeding, th a materially adverse fashion) the use, occupancy or value of the Property or any part thereof or which would otherwise relate fo the Property. 4.4 REAL PROPERTY SOLD AS IS, WHERE IS, RELEASE: SELLER snakes and shall make na warranty regarding the title to the Property except as to any warranties which will be contained in the instruments to be delivered by SELLER at Closing in accordance with this Agreement, and SELLER makes and shall make no representation or warranty either expressed ar implied (except as specifically set forth im the Agreement) regarding. condition, aperabiIity, safety, fitness for intended purpose, use, governmental requirements, development potential, utility availability, legal access, economic fea5ibiiity or any other matters whatsoever with respect to the Property. The PURCHASER specifically acknowledges and agrees that. SELLER shall sell and PURCHASER shall purchase the Property on an "AS IS, WHERE IS, AND WITH ALL FAULTS" basis and that, except for the SELLER'S representations and warranties specifically set forth in this Agreement, PURCHASER is not relying ort any representations or warranties of any kind 4 whatsoever, express or implied, from SELLER its agents, afl-icers, or employees, as to any matters concerning the Property including, without limitation, any matters relating to (l} the quality, nature, adequacy,. ar physical condition of the Properly, (2) the quality nature, adequacy or physical condition of soils, f 11, geology, or any ,groundwater, (3} the existence, quality, nature, adequacy or physical condition of utilities serving the Property. , {4) the development potential, income potential, expenses of the Property, (5}the Property's value,. use, habitability, or merchantability, {6) the fitness, suitability,. or adequacy of the Property for any particular use or purpose, (7) the zoning or other legal status of the Property, (8} the compliance of the Property or its operation with any applicable-codes, laws, rules, regulations, statutes, ordinances, covenants, judgments, orders, directives, decisions, guidelines, conditions, or restrictions of any governmental or quasi-governmental entity or of any other person or entity, including, without limitation, environmental person or entity, including without limitation, environmental laws, (9) the presence of Hazardous Materials (as defined herein} or any other hazardous or toxic matter on, under, or about the Property. or adjoining or neighboring properly, (10) the freedom of the Praperiy from latent ar apparent vices or defects, {1 I) peaceable possession of the Property, (12) environmental matters of any kind or nature whatsoever relating to the Property, (13) any development order or agreement, or (14) any other matter or matters of any nature or kind whatsoever relating to the Property. As used herein, the term "Hazardous Materials" means (i} those substances included within the definitions of "hazardous substances", "hazardous materials", "toxic substances" or "solid waste" in the Comprehensive Environmental Response, Compensation and Liability Act of 19$0, dZ U.S.C. §960 et seq., the Resource Conservation and Recovery Act of 1976, 42 U.S.C. § 6901 et seq., the Hazardous Materials Transportation Act, 49 U.S. C. §1SO1 et seq.,. or the Clean Water Act, 33 U.S.C. §i321 et seq., as amended, and in the regulations promulgated pursuant thereto; (ii) those substances listed in the United States Department of Transportation. Table (49 CFR § 172.101) or by the Environmental Protection Agency as "hazardous substances", "hazardous materials", "toxic substances" ar "solid waste", (iii) such other substances; materials and wastes which are regulated, or classified as hazardous ar tonic, under applicable local, state or federal laws, ordinances or regulations, and any material, waste or substance which is petroleunri, asbestos, polychlorinated, biphenyls, flam~znable explosives or radioactive materials. 4:S SELLER has full power and authority to enter into this Agreement and to assume and perform its obligations hereunder. 5 4.6 SELLER warrants that it will not, between the date of this Agreement and the closing, without PURCHASER'S pzioz written consent, create by its consent any encumbrances on the Property. P'or purposes of this provision the term "encumbrances" shall mean any liea.s, claims, options, or other encumbrances, encmachments; rights-of--way, leases. 4.7 All of the representations, warranties, and covenants or SELLER contained in this Agreement or in any other document, delivered to PURCHASER in connection with the transaction contemplated herein shall be true and correct in all material respects and not in default at the time of closing, just as though they were made at such time. 5. EVIDENCE Olr TITLE. 5.1 Title to the Property. SELLER shall convey to PURCHASER at closing, by delivery of a Special Warranty Deed,. the subject Property, including all easements and restrictions of record with the exception of the encroachment{s}, if any. PURCHASER shall, during the Inspection Period, secure a title insurance commitment issued by a title insurance underwriter approved and for the subject Property insuring PURCHASER'S title to the Property. The costs and expenses relative to the issuance of a title commitment and an owner's title policy shall be borne. by the PURCHASER. PURCHASER shall have ten (10) days from the date of receiving said commitment to examine the title commitment. If PURCHASER objects to any exception to title as shown in the title commitment, PURCHASER shall within then (10) days of receipt of said commitment, notify SELLER in writing specifying the specific exception(s) to which it objects. Any objection{s) of which PURCHASER has so notified SELLER, and which SELLER chooses to cure, may be cured by SELLER so as to enable the removal of said objection(s) from the title commitment vrithin ten (10) days after PURCHASER has provided notice to SELLER Within ten (1U} days after the expiration of SELLER'S time to cure any objection, SELLER shall send to PURCHASER a notice in v,+riting (a "cure notice") stating either (1) that the objection liar been cured and in such case enclosing evidence of such cure, or (ii} that SELLER is either unable to cure or has chosen not to cure such. objection other than as set forth herein. IF SELLER shall be unable or unwiliing.to cure all objections within the time period set forth in the preceding sentence, then PURCHASER may {a) terminate this Agreement by written notice to the SELLER within ten (l4) days after receipt of a cure notice specifying an uncured objection, in which event all instruments and monies held by the Escrow Agent, together with interest thereon, shall be immediately returned to PURCHASER; or (b) subject 6 to the provisions set forth below, proceed to close the transaction contemplated herein despite the uncured objection. 5.2. 5urve -and Le al Desc ' tion. During the Inspection Period, PURCHASER shall order: {i} a true, complete and repradu¢ible tracing of a current survey map (current is defined to be certified within twenty (20} days of the date of the Agreement), prepared by a registered land surveyor or engineer.licensed in the .state of Florida showing the boundaries of the Property, and the location of any easements and other matters as reflected on Schedule B II of the title comnait<nent thereon and certifying the number of acres {to the nearest one thousandth acre) of land contained in the Property, all buildings, improvements and encroachments; and {ii} a correct legal description of the Property which, upon approval tb.ereof by PURCHASER and SELLER (not to be unreasonably withheld), shall be the legal description used in the deed of conveyance. The survey and legal description shall be prepared and certified- by a surveyor licensed and registered in the State of Florida and shall comply with the requirements of the survey map established ire connection with the issuance of an owner's title insurance policy on the- Property. The survey shall be certified to PURCHASER and the title insurance company issuing. the title insurance. In the event the survey shows any material encroachments; strips, gores, or any portion of the land non-contiguous to any other portion of tihe Property or any other matter materially affecting the intended use of the Property or nxacketabiIity of title to the Property (any such matter is herein called a °survey objection" and treated as a title defect), PURCHASER. shall have a period of thirty {30) days after receipt of the survey by PURCHASER within which to approve or disapprove any survey objection aril to give notice to SELLER of any disapproval thereof indicating in reasonable detail the nature and reasons for PURCHASER'S objection. PURCHASER agrees that it will not arbitrarily or unreasonably withhold its approval of any such survey objection and that PURCHASER will attempt to approve any such survey objection which does not affect the marketability of title or materially interfere with PURCHASER'S use. of the Property. In the event PURCHASER. provides a notice of disapproval of a survey objection to SELLER, the rights and obligations of the parties respecting such survey objections shall be governed by Section 5.1 hereof such that the parties shall have 'the same rights and objections as though such survey objection objected to was a new exception to title which was discovered and objected to within the contemplation of Section 5.1. 7 6.D RISK OF LOSS. 6.1 Risk of loss or damage from fire, ater casualty, or both, is assumed by SELLER until the Special Warranty Deed described in Paragraph S.1 hereof is delivered by SELLER to PURCHASER. In the event any portion of the Property is destroyer], rendered unleaseable or dysfunctional by fire ar other casualty then the following shall apply: {a} If the damage, as determined by the insurance adjuster, is not more than $1,0U0.00: (i) PURCHASER shall complete settlement and all insurance proceeds relating to the improvements- damaged by such casualty Ioss shall be paid to the PURCHASER, and {ii} SELLER shad pay to PURCHASER on the date of closing the full amount of any deductible under SELLER'S fire and extended coverage insurance policy applicable to said damage; (b) If the damage, as determined by the. insurance adjuster, is more than One Thousand ($ I,Ofl0.D0) DOLLARS, PURCHASER -shall have the option to {i) complete the settlement hereunder and collect all available insurance proceeds relating to the improvements damaged by such casualty loss, in which case SELLER shall pay to PURCHASER on the date of closing the full amount of any deductible under SELLER'S fire and extended coverage insurance policy, or {ii) terminate this Agreement and receive a refund of entire deposit and interest. SELLER warrants that it shall maintain until the date of the closing adequate "All Risk" property insurance; and: 7. TRANSFER OF TITLE SUBJECT TO. Except as otherwise set forth, the Property shall be conveyed subject only to those exceptions as set forth in paragraphs 23, S.1 and 5.2 and to: {a} Water lines, sanitary sewer, drainage; gas distribution,. electrical and telephone easements of record provided that they are used to service the Property and provided that the buildings and other improvements, including but not limited to the Property, are not on the easements. (b} Unpaid certified assessments payable after the date of the transfer of title. (c) It shall be the sole and exclusive responsibility of the PURCHASER to relocate any utilities and any such relocation costs and. expenses shall be borne by the PURCHASER (d) PURCHASER skull, in the event of any relocation of the utilities; provide to S the CITY or appropriate service provider easements for the relocated utilities. S. ADJUSTMENTS AT CLOSING. The fallowing are to be apportioned pro-rata to the date of closing: All utilities, security deposits; rental payments, electric, non-delinquent taxes and assessments (real property. and personal property) computed on a fiscal year basis, and water and sewer charges, if applicable. In the event that, following the Closing, the actual amount of assessed real property tax an the Property, far the current year is higher than any estimate of such tax used for purposes of the Closing, the parties shall re-prorate any amounts paid or credited based on such estzn.ate as if paid in November. -This shall survive the Closing. 9. CLOSING DATE AND PLACE. The closing shall occur no later than sixty (60} days subsequent to the Effective Date at the offices of the SELLER'S attorney located at 76 N.E. S~` Avenue, Delray Beach, Florida 33463. 10. DEFAULT_ If the PURCHASER shall fail or refuse to consummate the transaction in accordance with the terms and provisions of this Agreement, all monies an deposit and interest earned an the deposit shall be immediately forfeited to SELLER as agreed upon liquidated damages and PURCHASER shall have no other responsibility ar liability of any kind to SELLER by virtue of such default. SELLER'S sole and entire remedy shall be restricted to retention of the deposit plus- all accrued interest. In the event of a default by SELLER, PURCHASER shall be entitled to a return of the earnest money, and accrued interest as liquidated damages as its. sole and exclusive remedy. l l . BROKER. SELLER and PURCHASER each represent to the other that they have not dealt with any real estate broker, real estate salesman or finder in conjunction with this transaction who is entitled to a fee or brokerage cotxunission i.n accordance with Florida law. 12. COSTS. Upon closing, PURCHASER shall be responsible for the costs and expenses related to obtainment of title insurance and the costs and expense related to the survey. All expenses incurred which slialI include documentary stamps to be affixed to the deed and the recording of the deed shall be borne by SELLER PURCHASER, at its own expense, may conduct and obtain an Environmental Phase I and Phase II, if sa mandate by the Phase I, of the Property. All 9 costs and expenses .related to financing the acquisition and development of the Property shall be borne by PURCHASER 13. PURCHASER'S WARRANTIES. PURCHASER hereby acknowledges anal warrants to the best of its knowledge that all of the following are true and correct and all -shall survive the closing: 13.I PURCHASER has full power and authority to enter inita this Agreement and to assume and perfom~ all of its obligations hereunder. 13.2 The execution amd delivery of this Agreement and the performance by PURCHASER of the obligations hereunder have been duly authorized by the PURCHASER as may be required, and no further action or approval is required in order to constitute this Agreement as a binding obligation of the PURCHASER 13.3 The execution and delivery of this Agreement and the consummation of the transaction contemplated hereunder on the part of the PURCHASER do not and will not violate the organizational documents of PURCHASER'S general partner or any partnership agreement of the. PURCHASER, da not and will not conflict with or result in the breach of any condition or provision, or constitute a default under, or result in the creation or imposition of any lien, charge. or encumbrance upon any of the terms of any contract, mortgage, lien, lease, agreement, indenture, instrument or judgment to which the purchaser is a party. All of the representations, warranties and covenants or PURCHASER contained in this Agreement or in any .other document, delivered to SELLER in connection with the transaction contemplated herein shall be true and correct it1 all material respects and not in default at the time of closing, just as though they were made at such time. 14. ENFORCEABII.TTY. if any provision in this Agreement shall be held to be excessively broad, it shall be construed, by limiting and reducing it, to be enforceable to the extent compatible with applicable law. If any provision in this Agreement shall,. notwithstanding the preceding sentence, be held illegal or uzzenforceable, such. illegality or unenforceability shall not affect any other provision of this agreement. 15. NO MERGER All prior understandings and agreements between SELLER and PURCHASER are merged in this Agreement. This Agreement completely expresses their full 10 agreement. 16. CONDITIONS PRECEDENT TO CLOSING. The parties shall exert diligent effort to satisfy the following conditions precedent to closing: 16.1 Simultaneously with the closing of the transaction contemplated herein the execution and delivery of a permanent easement from the PURCHASER to the SELLER allowing the Seller and the General Public at large utilize the easement area (consisting of the Purchaser's NW 5`~ Avenue parking Iot) for public purposes including parking Monday through Saturday of every week. The easement shall specifically allow the SELLER to install lighting, make improvements, with the approval of the PURCHASER, install signage and maintain the easement area in good condition. 17_ NO L1ABILTI'Y. Unless this Agreement is properly executed by both parties within the specified time period, neither party shall be obligated to perform the covenants herein contained. 18. NOTICE. All written natives shall be deemed effective if sent to the fallowing places: SELLER: Delray Beach Community Redevelopment Agency 20 North Swinton Avenue Delray Beach, Florida 33444 Attn: Diane Calanna, Executive Director With Copy ta: Donald J. Doody, Esquire GOREN, CHEROF, DOODY & EZROL, P.A. 76 NE Fifth Avenue Delray Beach, Florida 33483 Telephone: (954) 771-45UQ Fax: {954) 771-4923 PURCHASER: Mt. Olive Baptist Church of Delray Beach 40 N. 4~ Avenue Delray Beach, FL 33444-2626 With a Copy to: Telephone: (561) Fax: {561) 11 ESCROW AGENT: Donald J. Doody, Esquire GOREN, CHEROF, DOODY & EZROL, P.A. 76 NE Fifth Avenue Delray Beach, Florida 33483 Telephone: (954) 771-4500 Fax: (954) 771-4923 19. EFFECTNE DATE. This Agreement shall be deemed effective as of the last date that the document is executed by either all of the parties and the Escrow Agent. 20. GOVERNII~TG LAW. This Agreement shall be governed by the laws of the State of Florida. 21. NO ORAL CHANGE. This Agreement may not be changed or amended orally. 22. SUCCESSORS. This Agreement shall apply to and bind the distributors, executors, administrators, successors and assigns of SELLER anal PURCHASER 23. COUNTERPARTS: This Agreement.ri~ay be executed in two ar more counterparts, each of which shall be and shall be taken to be an original and all collectively deemed one instrument. The parties hereto agree that a faesirnile copy hereof and any signatures hereon shall be considered for all purposes as originals 24. RADON GAS: Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in buildings in Florida. P-dditional information regarding radon and radon testing maybe obtained from your county health unit. IN WI"1`NESS WHEREOF, the parties have executed this .Agreement as of the dates indicated below: SELLER: Delray Beach Community Redevelopment Agency By: _ Title: PURCHASER: Mt. Olive Baptist Church of Delray Beach, ~' h r'~ ~r Title: ' ~ ~f easel, re 1' 12 Dafe: ESCROW AGENT: GOREN, CHEROF, DOODY & EZROL, P.A. By: _ Title: 13 Date: Date: Exhibit A 429 NW 1st Street - Leal Description: The East 84 feet 6 inches of Lot 8, Block 27, Town of Linton (now Delray Beach), as Recorded in Plat Book 1, Page 3 of the Public Records of Palm Beach County, Florida a'.- . ~`~r~ ~' .~..,5o-atr ` i• .. Y I y' .L ~ . •~_. . ~' MEMORANDUM TO: Mayor and City Commissioners FROM: Ronald Hoggard, AICP, Principal Planner Paul Dorling, AICP, Director Planning and Zoning DATE: December 23, 2008 SUBJECT: AGENDA ITEM 10.B. -REGULAR COMMISSION MEETING OF JANUARY 6, 2009 ORDINANCE NO.Ol-09 ITEM BEFORE COMMISSION Consideration of aCity-initiated amendment to Sections of the Land Development Regulations dealing with parking requirements, in order to promote office development in Delray Beach. BACKGROUND On October 10, 2008, the City received a memo from Francisco Perez-Azua, Vice-Chair of the Chamber of Commerce Economic Development Committee. The memo outlines recommendations to incentivize office building development in Delray Beach. The recommendations build on the basic notion that a reduction in parking requirements for office development, and the allowance of various forms of automated parking systems will provide needed incentives to promote office development. The Planning and Zoning Director reviewed the memo and noted that some of the proposals would require in depth analysis, but others could be reviewed quickly and adopted immediately. It is these proposals that are included in the ordinance before the City Commission. This ordinance represents just the first phase of the process-the remaining proposals will be reviewed and brought forth later. The significant changes are summarized below and a complete analysis is included in the attached Planning & Zoning Board Staff Report: • The geographic area within the CBD zoning district where the parking requirement for all non residential uses, except restaurants, hotels and motels and business and professional offices, shall be one per 300 sq. ft. of gross floor area has been expanded from NE and SE 1st Streets to NE and SE 2nd Streets. The parking requirement for business and professional offices within this area is one space per 300 sq. ft. of net floor area. • The parking requirement for business and professional offices shall be based on "net" floor versus "gross" floor area • Currently, the calculation of the number of parking spaces resulting in a fraction is rounded up to the next whole number. With the proposed change any fraction less than one-half space will be rounded down to the nearest whole number and any fraction of one-half space or more will be rounded up. • Provide definitions for "gross floor area" and "net floor area" The amendment also contains two minor changes. The first is a correction to the parking requirements for gasoline stations, which were different in two sections of the LDRs, 4.3.3(J) and 4.6.9(C)(3). The second is to clarify that the parking requirement for Self-Service Storage Facilities is calculated at one (1) space per 5,000 square feet of gross floor area rather than being limited to the area devoted to self- storage and accessory management/administration uses. REVIEW BY OTHERS The text amendment was considered by the Planning and Zoning Board on December 8, 2008. The Board unanimously recommended approval on a 7 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. The Downtown Development Authority (DDA) unanimously recommended approval of the proposed text amendment. On December 10, 2008, the West Atlantic Redevelopment Coalition (WARC) unanimously recommended approval of the proposed text amendment. On December 11, 2008, the Community Redevelopment Agency (CRA) unanimously recommended approval of the proposed text amendment. On December 16, 2008, the Parking Management Advisory Board (PMAB) voted 8-1 to recommend approval of the proposed text amendment. The Pineapple Grove Main Street meeting will not occur until January 7, 2009. The Board's recommendation will be reported to the City Commission at second reading of the ordinance. RECOMMENDATION By motion, approve on first reading Ordinance No. 01-09, aCity-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. ORDINANCE NO. 01-09 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES, BY AMENDING SECTION 4.3.3, "SPECIAL REQUIREMENTS FOR SPECIFIC USES", SUBSECTION (A), "SELF-SERVICE STORAGE FACILITIES (SSSF)" AND SUBSECTION (J), "GASOLINE STATION", TO REVISE AND/OR CLARIFY PARKING REQUIREMENTS FOR THESE USES; AMENDING SECTION 4.4.13, "CENTR.AI_. BUSINESS (CBD) DISTRICT", SUBSECTION (G), "SUPPLEMENTAL DISTRICT REGULATIONS", SECTION 4.4.17, "RESIDENTIAL OFFICE (RO) DISTRICT", SUBSECTION (G), "SUPPLEMENTAL DISTRICT REGULATIONS", SECTION 4.4.24, "OLD SCHOOL SQUARE HISTORIC ARTS DISTRICT (OSSHAD)", SUBSECTION (G), "SUPPLEMENTAL DISTRICT REGULATIONS", SECTION 4.4.28, "CENTR.AI_. BUSINESS DISTRICT-RAILROAD CORRIDOR (CBD-RC)", SUBSECTION (G), "SUPPLEMENTAL DISTRICT REGULATIONS", AND SECTION 4.4.29, "MIXED RESIDENTIAL, OFFICE AND COMMERCIAL (MROC) DISTRICT", SUBSECTION (H), "SUPPLEMENTAL DISTRICT REGULATIONS", TO CHANGE THE PARKING REQUIREMENTS FOR BUSINESS AND PROFESSIONAL OFFICES WITHIN THESE ZONING DISTRICTS AND TO EXPAND THE AREA SUBJECT TO SPECIAL PARKING REQUIREMENTS WITHIN THE CBD ZONING DISTRICT; AMENDING SECTION 4.6.9, "OFF- STREET PARKING REGULATIONS", SUBSECTION (C), "NUMBER OF PARKING SPACES REQUIRED", TO MODIFY HOW FRACTIONS ARE ROUNDED, TO CHANGE THE PARKING REQUIREMENTS FOR BUSINESS AND PROFESSIONAL OFFICES AND TO CLARIFY THE PARKING REQUIREMENTS FOR OTHER USES; AMENDING APPENDIX "A", "DEFINITIONS", TO ENACT NEW DEFINITIONS FOR "GROSS FLOOR AREA" AND "NET FLOOR AREA"; PROVIDING A SAVING CLAUSE, A GENER.AI_. REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning Board reviewed the proposed text amendment at a public hearing held on December 8, 2008 and voted 7 to 0 to recommend that the changes be approved; and WHEREAS, pursuant to Florida Statute 163.3174(4)(c), the Planning and Zoning Board, sitting as the Local Planning Agency, has determined that the change is consistent with and furthers the goals, objectives and policies of the Comprehensive Plan; and WHEREAS, the CitS~ Commission of the City of Delray Beach adopts the findings in the Planning and Zoning Staff Report; and WHEREAS, the CitS~ Commission of the City of Delray Beach finds the ordinance is consistent with the 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 4.3.3, "Special Requirements for Specific Uses", Subsection (A), "Self-Service Storage Facilities (SSSF)", of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be and the same is hereby amended to read as follows: (A) Self-Service Storage Facilities (SSSF): (1) Lot Area: The minimum lot area is two (2) acres, and the maximum lot area is five (5) acres. (2) Facilities and Requirements: (a) Any SSSF which has outdoor bay type access to storage units must be designed in such a way to create a compound like structure with a defined masonry perimeter. In addition, the facility should be designed in such a way to minimize or eliminate sight lines of any bay doors, or outdoor storage of boats and vehicles, from the adjacent rights-of--way. (b) No building shall exceed fifteen feet (15') in height. This does not apply to an on-site manager's apartment which may be located on a second floor, not to exceed thirty-five feet (35') in height. (c) Parking shall be provided at the rate of one (1) space per 5,000 square feet of rig gross floor area~k_~atFrr~; --~=' ------- ~` -- ~- - ,i°~~ - -- This requirement may be modified during the site plan approval process if a sufficient number of storage units have direct vehicle access, and internal driveways are designed to allow customers to safely park in front of their storage unit without impeding internal circulation. 2 ORD. NO. 01-09 (3) Limitation of Uses: (a) Activities other than the rental or lease of storage units are not allowed to be conducted on the premises, unless specifically permitted through the conditional use process. (b) No business or activity other than dead storage shall be conducted from any storage unit in the facility. Examples of prohibited uses include, but are not limited to the following: the servicing, repair and/or restoration of automobiles, boats, recreational vehicles, lawnmowers and the like; garage sales; moving and storage companies; cabinet making and wood working (whether personal or professional); personal hobbies and arts and crafts; and any other activity unless specifically permitted through the conditional use process. (c) There shall be no electrical power provided to, or accessible from, any individual storage units. This includes the provision of lighting fixtures to the interior of a storage unit, unless specifically addressed in the conditional use approval. The use of portable generators is also prohibited. (d) The use or storage of any hazardous materials is expressly prohibited. (e) The terms and conditions of this section shall be clearly expressed in all storage rental or leasing contracts, as well as conspicuously displayed on a sign no smaller than one foot (1') by two feet (2') in the leasing office. (~ Failure to maintain the terms and conditions of this section shall be grounds for revocation of the conditional use approval. (4) On-Site Manager Required: All SSSF are required to have, and continuously maintain, an on-site manager, and provide on-site living quarters for such. (5) Hours of Operation: SSSF customers may not access individual storage units before 5:00 a.m. or any later than 9:00 p.m. Hours of operation may be further restricted when it is deemed that morning and evening traffic into and out of the facility may negatively impact the character of an adjacent residential area. In no circumstance shall customers of any SSSF have 24 hour access to their storage unit(s). (6) Landscape Requirements: In addition to all applicable landscape requirements and other special provisions pursuant to the individual zone district, a minimum ten foot (10') landscape buffer shall be required for the entirety of the property. (7) Outdoor Storage of Vehicles and Boats: The outdoor storage of boats and vehicles is 3 ORD. NO. 01-09 permitted only if specifically addressed during the conditional use approval process. In all cases, this use is permitted only as accessory to the main use, must be located in the interior of the masonry perimeter, and may not be visible from any rights-of--way. (8) Truck Rental: Truck rental may be conducted as an ancillary use, if specifically permitted in the conditional use approval, and an appropriate amount of additional parking spaces are provided. Storage of rental trucks must be located in the interior of the masonry perimeter, and may not be visible from any rights-of--way. Section 3. That Section 4.3.3, "Special Requirements for Specific Uses", Subsection (J), "Gasoline Station", of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be and the same is hereby amended to read as follows: (J) Gasoline Station: A gasoline station is any establishment at which the sale and delivery of fuel to a motor vehicle occurs. Gasoline stations are classified as to other activities which occur on the site of the establishment and are thus regulated as provided for herein. (1) Service Station: A gasoline station which also sells and delivers lubricants and other products necessary to the operation of vehicles. It may include the sale and installation of accessories, tires, batteries, seat covers; and the provision of services such as fire repair, tune-ups, minor engine repair, wheel balancing and alignment, brake servicing, and washing either by hand or by an automated car wash facility. Food and drinks may be accommodated only through the use of vending machines. (2) Convenience Mart (Gasoline Station with Food Sales): A gasoline station which also sells foods and convenience items and does not accommodate repair or installation services provided that the sale of food and convenience items is secondary to use as a gasoline station. (3) Full Service Station: A gasoline station at which activity of a service station and the sale of food and convenience items occurs. (4) Incidental Gasoline Sales: A gasoline station at which the sale of fuel is incidental or secondary to the primary function of the site as a retail business. There may be no outside display of vehicle products (oil, tires, etc.) at such a facility. (5) General Development Standards: Development standards as set forth in the following shall apply to sites upon which a service station or convenience mart is to be located. An establishment with incidental gasoline sales shall be governed by the site development requirements for the site and the main business except that the requirement of Subsection (6) shall apply. A full service station shall adhere to a combination of the requirements for a service station and a convenience mart. 4 ORD. NO. 01-09 ITEM SERVICE STATION CONVENIENCE MART iVlinimum Lot Area 15,000 S uare Feet 15,000 S uare Feet iVlinimum Frontage 150 Feet 150 Feet Parking Requirements = 4.5/1,000 sq. ft. of ~9 4.5 1000 Square Feet of Gross non-repair cross floor area and 4 Floor Area s aces er Service Ba = or Lift Driveways There shall be no more than two (2) curb-cuts to any abutting street with a minimum distance of twenty-five feet (25~ between curb-cuts. Curb-cuts shall not have a width exceeding thirty-five feet (35~, exclusive of transitions. Curb- cuts shall not be located closer than twenty-five feet (25~ to the intersection of the ultimate right-of-way lines at a corner nor closer than fifteen feet (15~ from an =abutting ro er =line or alle =. (6) Gasoline Facility Development Standards: The following standards apply to whatever classification, a gasoline station has. (a) Location of Dispensers: Gasoline dispensers, tanks, dispenser island, and canopies shall not be located closer than fifteen feet (15') from any property line. When property directly abuts residentially zoned property, gasoline dispensers, tanks, dispenser islands and canopies, signs, or vents shall not be located closer than forty feet (40') from the property line abutting the residentially zoned property. (b) Storage Tanks: All storage tanks shall be underground. (c) Lift and Repair Facilities: All such facilities shall be located within a structure. (d) Display of Products: Vending machines are to be located under roof and screened on three sides. Racks containing cans of lubricating oil may be displayed on service islands. Racks or pedestals used for the display of tires shall be located along any side (as opposed to front) of a structure. Section 4. That Section 4.4.13, "Central Business (CBD) District", Subsection (G), "Supplemental District Regulations", 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: (G) Supplemental District Regulations: In addition to the supplemental district regulations as set forth in Article 4.6, except as modified below, the following shall also apply. (1) Central Core and Beach Area Supplemental Regulations: 5 ORD. NO. 01-09 (a) Within that portion of the CBD bounded by Swinton Avenue on the west, N.E. ~t 2nd Street on the north, the Intracoastal Waterway on the east and S.E. ~ 2nd Street on the south, the parking requirements for all non-residential uses, except restaurants, hotels and motels, and business and professional offices, shall be one space for each 300 square feet of gross floor area or fraction thereof. The parking required for the creation of new floor area, shall also include the replacement of any previously required parking which may be eliminated. Within all other geographic areas of the Central Core and Beach Area within the CBD Zone District, the provisions of Section 4.6.9(C) shall apply, as further modified within this Subsection (G)(1). (b) When the parking requirements are applied to either new development, expansion of an existing use or a change in use, which results in the requirement of only one new parking space, a one space exemption shall be allowed. This exemption may only occur once per property. (c) If it is impossible or inappropriate to provide required parking on-site or off-site, pursuant to Subsection 4.6.9(E)(4), the in-lieu fee option provided in Section 4.6.9(E)(3) may be applied. (d) The parking requirement for restaurants is established at six (6) spaces per 1,000 square feet of gross floor area. (e) The parking requirement for hotels and motels within that portion of the CBD bounded by Swinton Avenue on the west, N.E. ~ 2nd Street on the north, the Intracoastal Waterway on the east and S.E. ~ 2nd Street on the south is established at 0.7 of a space for each guest room plus one (1) space per 300 sq. ft. of floor area devoted to ballrooms, meeting rooms, and shops and six (6) spaces per 1,000 sq. ft. of floor area devoted to restaurants and lounges within the hotel or motel. (~ The parking requirements for residential units in multi-family structures and mixed-use buildings shall be as follows: • Efficiency dwelling unit 1.0 space unit • One bedroom dwelling unit 1.25 spaces/unit • Two or more bedroom dwelling unit 1.75 spaces/unit • Guest arkinQ shall be rovided cumulatively as follows: - for the first 20 units 0.50 s aces/unit - for units 21-50 0.30 s aces/unit - for units 51 and above 0.20 s aces/unit 6 ORD. NO. 01-09 Within Townhouse and Townhouse type developments, parking ma~~ be provided in front of garage units provided that such parking does not result in the space for one unit impeding access to a space of the other unit. Location of Guest Parking Spaces: Guest parking spaces must be accessible to all visitors and guests and may be centralized or located near recreational features within a development project. (mil The parking requirement for business and professional offices within that portion of the CBD bounded by Swinton Avenue on the west. N.E. 2nd Street on the north. the Intracoastal Waterway on the east and S.E. 2nd Street on the south is established at one ~1Lpace per 300 sq. ft. of net floor area. (2) West Atlantic Neighborhood Supplemental District Regulations: The following supplemental district regulations apple in the West Atlantic Avenue Overla~~ District as defined in Section 4.5.6(B): (a) Commercial structures are limited to a maximum depth of 150 feet from the ultimate right-of-wa~~ of Atlantic Avenue, unless the parcel has frontage on N.W. 5th Avenue or S.W. 5th Avenue. Accessory uses such as parking areas, landscaping, and drainage retention areas ma~~ extend be~~ond the 150 foot limit. Establishment or expansion of structures beyond the 150 foot limit may be allowed as a conditional use, subject to the required findings of Section 2.4.5(E)(5). (b) There is no restriction on repair and/or reconstruction of non-conforming single famil~~ residences located a minimum of 150 feet from Atlantic Avenue. (c) Six (6) parking spaces per 1,000 square feet of gross floor area are required for restaurants and one (1) parking space per 300 square feet of gross floor area is required for all other non-residential uses, except hotels and motels. and business and professional offices. Parking spaces for residential uses are required at the rates established in Section 4.6.9(C)(2). (d) The parking requirement for hotels and motels is established at 0.7 of a space for each guest room plus one (1) space per 300 sq. ft. of floor area devoted to ballrooms, meeting rooms, and shops and six (6) spaces per 1,000 sq. ft. of floor area devoted to restaurants and lounges within the hotel or motel. (e) If it is impossible or inappropriate to provide required parking on site or off-site, the in-lieu fee option provided in Section 4.6.9(E)(3) ma~~ be applied. (~ Parking areas and accessways to parking lots must be located to the rear of commercial structures that have frontage on Atlantic Avenue. Where locating parking to the rear 7 ORD. NO. 01-09 of the structure is impossible or inappropriate, the Site Plan Review and Appearance Board may approve an alternate location. (mil The parking requirement for business and professional offices is established at one (~ space per 300 sd. ft. of net floor area. Section 5. That Section 4.4.17, "Residential Office (RO) District", Subsection (G), "Supplemental District Regulations", 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: (G) Supplemental District Regulations: The supplemental district regulations as set forth in Article 4.6 shall apply except as modified and added pursuant to the following: (1) All uses shall be in completel~~ enclosed buildings and an~~ outdoor storage is expressl~~ prohibited. (2) Parking required for business and professional offices shall be at the standard of one space per three hundred square feet of te~rl net floor area (1/300). However, this requirement ma~~ be reduced to 1/400, or at least by one parking space, when there is a mix of residential and office use in the same structure or for an existing structure on a property located within a designated historic district or an individuall~~ designated historic site. Section 6. That Section 4.4.24, "Old School Square Historic Arts District (OSSHAD)", Subsection (G), "Supplemental District Regulations", 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: (G) Supplemental District Regulations: Supplemental district regulations as set forth in Article 4.6, except as modified herein, apply: (1) Parcels located along N.E. 1st Avenue between N.E. 2nd Street and N.E. 3rd Street (Banker's Row) shall compl~~ with either provisions of Article 4.6 of these Supplemental District Regulations [Subsection (G)], or provisions of the Banker's Row Development Plan, whichever is more permissive. (2) The perimeter landscaping requirements of Section 4.6.16(H)(3)(e) shall not apple. (3) All parking, except for single family homes and duplexes, shall be located in the side or rear yard or adjacent to a rear alley. No such parking shall be located in the area between any street and the closest building or structure. Where there are existing buildings or structures, the Historic Preservation Board ma~~ waive this requirement during the site plan review process, provided that it is determined that compliance is not feasible and that the character of the area will be maintained. If 8 ORD. NO. 01-09 approved, such parking shall be substantially screened from off-premises view by a hedge or decorative fencing. (4) Parking Requirements: (a) All non-residential uses, with the exception of restaurants, and business and professional offices, shall provide one parking space per 300 sq.ft. of total new or existing gross floor area being converted to non-residential use. This requirement may be reduced to one parking space per 400 sq.ft. of gross floor area, or by at least one space, where there is a mix of residential and non-residential use in the same structure. (b) Restaurants shall provide six spaces per one thousand square feet of total new or existing gross floor area being converted to restaurant use. (c) Residential-type inns shall provide one parking space per guest room/unit. Other accessory uses shall be calculated separately based upon square footage of the use area as provided for in subsections 4.4.24 (G) (4) (a) and (b) above. (d1 Business and professional offices shall provide one ~1Lpace per 300 sq. ft. of total new or existing net floor area being converted to office use. This requirement may be reduced to one parking spice per 400 sd.ft. of net floor area. or by at least one space, where there is a mix of residential and office use in the same structure. (5) If it is impossible or inappropriate to provide required parking on-site or off-site, pursuant to Section 4.6.9(E)(4), the in-lieu fee option provided in Section 4.6.9(E)(3) may be collected. For the purpose of this provision, "inappropriateness" may be considered in relationship to the historic character of this zone district. (6) When the parking requirements of Section 4.6.9(C) are applied to either new development, expansion of an existing use or a change in use, which results in the requirement of only one new parking space, a one space exemption shall be allowed. This exemption may only occur once per property. Section 7. That Section 4.4.28, "Central Business District-Railroad Corridor (CBD-RC)", Subsection (G), "Supplemental District Regulations", 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: (G) Supplemental District Regulations: In addition to the supplemental district regulations as set forth in Article 4.6, the following shall apply: (1) When the parking requirements of Section 4.6.9(E)(4) are applied to either new 9 ORD. NO. 01-09 development, expansion of an existing use or a change in use, which results in the requirement of only one new parking space, a one space exemption shall be allowed. This reduction may only occur once per property. (2) If it is impossible or inappropriate to provide required parking on-site, or off-site pursuant to Subsection 4.6.9(E)(4), the in-lieu fee option provided in Section 4.6.9(E)(3) may be applied. (3) The parking requirement for restaurants is established at six (6) spaces per 1,000 square feet of gross floor area. Section 8. That Section 4.4.29, "Mixed Residential, Office And Commercial (MROC) District", Subsection (H), "Supplemental District Regulations", 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: (H) Supplemental District Regulations: The supplemental district regulations as set forth in Article 4.6 shall apply except as modified by, or added to, as follows: (1) The perimeter buffer shall be landscaped to provide a boulevard effect along Congress Avenue. (2) The parking requirement for restaurants is established at twelve (12) spaces per 1,000 square feet of gross floor area. (3) The parking requirements for residential units in multi-family structures or mixed-use buildings shall be as follows: • Efficiency dwelling unit • One bedroom dwelling unit • Two or more bedroom dwelling unit • Two or more bedroom dwelling units within 1000' of a Tri-Rail station • Guest parking shall be provided cumulatively as follows: - for the first 20 units - for units 21-50 - for units 51 and above 1.0 space/unit 1.25 spaces/unit 2.00 spaces/unit 1.5 spaces/unit 0.50 spaces/unit 0.30 spaces/unit 0.20 spaces/unit (4) The parking for commercial uses shall be 4.5 spaces per 1,000 square feet of gross floor area. 10 ORD. NO. 01-09 (5) The parking for business and professional office uses shall be 4 spaces per 1,000 square feet of net floor area ~p to 3.000 sd.ft. and then 3.5 spaces per 1.000 sd.ft. of net floor area over the initial 3,000 sq.ft. (6) The parking for Medical office uses shall be 5 spaces per 1,000 square feet of gross floor area. (7) The parking for governmental uses shall be as outlined in LDR Section 4.6.9.(C) (8) For mixed-use developments, the shared parking formula under LDR Section 4.6.9(c)(8) can be utilized. (9) Guest parking spaces must be accessible to all visitors and guests and may be centralized or located near recreational features within a development project. (10) Parking adjacent to Congress Avenue: Parking shall be located to the rear of buildings having direct frontage along Congress Avenue. To that end no surface parking shall be located between buildings and Congress Avenue. Notwithstanding the above, relief to this requirement can be granted to accommodate pre-existing conditions. Section 9. That Section 4.6.9, "Off-Street Parking Regulations", Subsection (C), "Number of Parking Spaces Required", 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: (C) Number of Parking Spaces Required: The number of parking spaces required for new buildings, new uses, additions, enlargements, or changes shall be determined by the following standards for uses and categories of use and types of parking spaces. (1) General Provisions: The following apply in the application of this Subsection: (a) Fractions: -- --- - - -- ---- -._ _ _. _ ~ -- _ - - --~ - _-- -- 1 _- - -D 1 _____ 1_-- ___ ,~_ ..~._~a..a ._~ ~~ ~,~.. ~..__~ ,~:~,~..,.~ ~~._.... When the determination of the number of 1 D ---- D----- reduired parking spaces results in a requirement of a fractional space_ anv fraction less than one-half space shall be rounded down to the nearest whole number and and fraction of one-half space or more shall be rounded u~ (b) Handicapped Spaces: Special parking spaces designed for use by the handicapped shall be provided pursuant to the provisions of Florida Accessibility Code for Building Construction. Such spaces shall not be in addition to, but shall substitute for, required parking. (c) Bicycle Parking: Bicycle parking facilities shall be provided in a designated area and by 11 ORD. NO. 01-09 a fixed or stationary bike rack for the following uses: (1) In shopping centers at the rate of five (5) spaces per 100,000 sq.ft. of gross floor area; (2) At fast food restaurants, government offices and community centers, and commercial and private recreation facilities at the rate of five (5) spaces per facility. (3) Any non-residential use within the City's TCEA which, through the development review process, is determined to generate a demand. (d) Uses Not Listed: Any use, or use category, which is not specifically listed herein shall have its parking requirement established at the time of approval of the site and development action associated with the new use or structure. (e) Design Requirements Apply, Exceptions: The Design Requirements for parking lots as provided for in Section 4.6.9(D) shall apply to all parking spaces which are required in this subsection, except for specific provisions to the contrary which are contained herein. (~ Requirements Are Cumulative: In situations where a combination of uses are developed on a site, parking requirements shall be determined for each of the uses according to the parking requirements set forth herein. An exception to this rule may be made, pursuant to Subsection (C)(8), Multiple Uses. (g) Compact Car Parking: Up to 30% of the required parking for any use may be designated for compact cars. Such approval may be granted concurrent with approval of the site and development plan. Spaces which are provided in excess of the number required may also be designated and designed as "compact car parking". (2) Requirements for Residential Uses: (a) Single Family Detached Residences: -- two spaces per dwelling unit. Tandem parking may be used provided that in the Single Family (R-1 District) or RL District, no required parking space may be located in a required front or street side setback. (b) Duplexes: -- two spaces per dwelling unit. Tandem parking may be used provided that such parking does not result in the space for one unit impeding access to a space of the other unit. Further, curb cuts or direct access from parking areas onto a street shall not exceed 24' in width. (c) Multiple Family Structures: 12 ORD. NO. 01-09 * Efficiency dwelling unit * One bedroom dwelling unit * Two or more bedroom d.u. * Guest parking shall cumulatively as follows: - for the first 20 units - for units 21-50 - for units 51 and above be provided 1.0 space/unit 1.5 spaces/unit 2.0 spaces/unit 0.5 spaces per unit 03 spaces per unit 0.2 spaces per unit Within townhouse and townhouse type developments, parking may be provided in front of garage units provided that such parking does not result in the space for one unit impeding access to a space of the other unit. (d) Location of Guest Parking Spaces: Guest parking spaces must be accessible to all visitors and guests and may be centralized or located near recreational features within a development project. A portion of guest parking spaces may be provided in stabilized sod pursuant to Section 4.6.9(D)(8). (3) Requirements for Commercial Uses: (a) General Commercial Uses: Shall provide 4.5 spaces per 1,000 square feet of gross floor area which includes retail floor area, associated warehouse and storage floor area, and employee and management facilities. (b) Convenience Stores with Associated Gasoline Sales: Shall provide 4.5 spaces per 1,000 square feet of gross floor area of the convenience store and any kiosk or cashier station. (c) Gasoline Stations: With or without convenience food sales shall provide 4.5 spaces per 1,000 square feet of non-repair gross floor area and shall provided four (4) spaces per service bay or lift. (d) Restaurants: Inclusive of drive-ins, drive-thru, snack shops, night clubs, lounges shall provide 12 spaces per 1,000 square feet of gross floor area up to 6,000 sq.ft. and then 15 spaces per 1,000 sq.ft. of gross floor area over the initial 6,000 sq.ft. (e) Shopping Centers: Spaces required based upon size of center per gross leasable floor area, irrespective of uses: * 25,000 to 400,000 sq. ft. pro rides: 4/1,000 sa, ft. of moss floor area 13 ORD. NO. 01-09 * 400,000 to 600,000 sq. ft. pro rides: 4.5/1,000 sd, ft. of Gross floor area * greater than 600,000 sq. ft. pro rides: 5/1,000 spa. ft. of gross floor area (~ Vehicle Sales and Rental: Including auto sales, auto rental agencies, recreational vehicle sales and rental, and truck sales and rental, shall provide 4 spaces per 1,000 sq.ft. of total building(s) gross floor area, except indoor display areas. Required parking spaces shall be designated for employee, customer, and/or service use at the standard of, at least, 1.5 spaces per service bay and 2 spaces per 1,000 sq.ft. of gross floor area (less indoor display area). Any remaining spaces may be used for display purposes. (g) Personal Service Providers: (Beauty Salons, Spas, etc.): Shall provide 4.5 spaces per 1,000 sq, ft. of gross floor area in buildings up to 5,000 sq. ft. and 4.5 spaces per 1,000 sq, ft. of gross floor area plus 0.5 spaces per work station in buildings greater than 5,000 sq. ft. as it pertains to the personal service provider uses. (Note: Work stations providing manicure services which include both manicure table and pedicure chair shall be calculated as one (1) work station for each table and chair combined) (4) Requirements for Office Uses: (a) Business and Professional Offices: Except governmental and medical offices, shall provide: * 4 spaces per 1,000 sq.ft. of s net floor area ~xg~ up to 3,000 sq.ft. and then 3.5 spaces per 1,000 sq.ft. of s net floor area ~~ '-~~'~'~~~~~ '~°~~~~° ~'~~~ over a' a the initial 3,000 sq.ft. (b) Governmental Offices: Including public health and rehabilitative services, shall provide 5 spaces per 1,000 sq.ft. of gross floor area. (c) Medical and Dental Offices: Including clinics and mental health treatment facilities, shall provide 5 spaces per 1,000 sq.ft. of gross floor area. (5) Requirements for Industrial Uses: (a) General: General Industrial Uses (manufacturing, assembly, attendant offices) shall provide parking at the rate of 3 spaces per 1,000 sq.ft. of gross floor area devoted to such uses. In addition, 1 space shall be provided for each 1,000 sq.ft. of gross floor area devoted to storage and warehouse use. (b) Vehicle Paint, Body, and Repair Shops: Shall provide 4.5 spaces per 1,000 sq.ft. of gross floor area. 14 ORD. NO. 01-09 (c) Vehicle Wrecking and Salvage Yards: Shall provide 1 space per 10,000 sq.ft. of lot area. (6) Requirements for Recreational and Community Facilities Either Public or Private: (a) Auditoriums, Meeting Places: Assembly halls, conference and meeting rooms, theaters, stadiums, civic centers, community theaters, cultural facilities, arts and crafts centers, and similar uses shall provide 03 of a parking space for each seat or 1 space for each 50 sq.ft. of tgross floor area, whichever is greater. (b) Bowling Establishments: Shall provide 4 parking spaces per lane. (c) Churches: Shall provide one space for every three seats provided in the sanctuary. Additional parking is not required for other uses on the church property (e.g. Sunday School, Day Care, Preschool, etc.) when such uses are operated as a part of, under the auspices of, the Church. (d) Clubs and Lodges: Shall provide 1 space for every four seats or 1 for every 50 sq.ft. of gross floor area, whichever is greater. (e) Educational Facilities: Public or private, shall provide the following: * Nursery and Kindergarten 1 / 300 sq. ft. of gross floor area. * Elementary and Middle 2 per classroom, plus 50% of the requirement of an auditorium or stadium. * High School, Vocational Schools, Colleges and Trade Schools shall provide 1 space for every 5 students which can be accommodated at maximum capacity. (~ Fire Stations: Shall provide 1 space for each employee on the shift with greatest employment. (g) Golf Courses: A full golf course shall provide 7 parking spaces per hole; an executive golf course shall provide 4 parking spaces per hole. (h) Miniature Golf Courses: Shall provide 1.5 parking spaces per hole. (i) Hospitals: Shall provide 1.5 spaces per bed, plus 1/100 sq.ft. of floor area in rooms for outpatient, emergency, and other special service areas open to the public. (j) Libraries: Shall provide 4/1,000 sq.ft. of gross floor area. 15 ORD. NO. 01-09 (k) Museums: Shall provide 5/1,000 sq.ft. of floor area which is open to the public. (1) Police Stations, Public Works Complexes: Shall provide 4/1,000 sq.ft. of t gross floor area. This requirement shall encompass all uses on the premises. (m) Post Offices: Shall provide 5/1,000 sq.ft. of t gross floor area in addition to a parking area for employees. (n) Swim Clubs: Shall provide 1/30 sq.ft. of total water surface. (o) Tennis Clubs: Shall provide 4 spaces per court. (p) Community Facilities Within Planned Residential Developments: Shall provide parking sufficient to accommodate guest, service and local needs recognizing that residents have other means of access. The parking shall be pursuant to an approved site plan. (q) Parks: Shall have the parking needs assessed and determined by the City Manager or designee. (r) Yacht Clubs: One space per 1,000 sq.ft. of gross floor area and outdoor seating/eating area plus 0.5 spaces for each boat slip. (7) Other Uses: (a) Abused Spouse Residence: One space per sleeping room plus one space for each shift employee. (b) A.C.L.F's, Residential Licensed Service Provider Facilities, and Nursing Homes: Shall provide one space for each four beds. (c) Continuing Care: Facilities shall provide 1.5 spaces per unit. (d) Bed and Breakfast Inns: Shall provide one per guest room and one for the manager/ owner. (e) Hotels and Motels: Shall provide 0.7 of a space for each guest room plus 10 spaces per 1,000 sq.ft. of floor area devoted to ballrooms, meeting rooms, restaurants, lounges, and shops. (~ Broadcast Facilities and Communication Facilities: Shall provide 4/1,000 sq.ft. of t gross floor area. 16 ORD. NO. 01-09 (g) Bus Stations, Taxi Stations, and Train Stations: Shall provide 3/1,000 sq.ft. of gross floor area (including storage areas). (h) Child Care and Adult Day Care: Shall provide 1/300 sq.ft. of gross floor area. (i) Courts, Courthouses and Related Facilities: Shall provide 1/150 sq.ft.(net) of courtroom space plus 1/250 sq.ft. (gross) of non-courtroom area, excluding walls, elevators, stairwells, and mechanical equipment areas. (j) Funeral Homes: Shall provide 4/1,000 sq.ft. of gross floor area plus 03/each seat in the chapel, if any. (k) Marinas: Shall provide 5/1,000 sq.ft. of gross floor area of any building devoted to marina use plus 1/slip. (8) Multiple Uses: (a) Shared Parking: When a building or combination of buildings on a unified site is used for both residential and commercial purposes, and is located with the CBD, GC, MROC or PC zoning district, the minimum total number of required parking spaces shall be determined b~~ the following method: Multiple the required parking spaces for each individual use b~~ the appropriate percentage listed in the table below for each of the designated time periods. Add the resulting minimum required spaces in each of the five vertical columns for the table. The minimum total parking requirement is the highest sum of the vertical columns. Shared Parking Calculations Table Use for multiple use projects which include residential in CBD, GC, MROC and PC zoning districts Weekday Weekend Use Night Midnight to 6 A.M. Day 9 A.M. to 4 P.M. Evening 6 P.M. to Midni ht Day 9 A.M. to 4 P.M. Evening 6 P.M. to Midni ht Residential 100% 60% 90% 80% 90% Office 5% 100% 10% 10% 5% Commercial/RetaIl 5% 70% 90% 100% 70% Hotel 80% 80% 100% 80% 100% Restaurant 10% 50% 100% 50% 100% Entertainment/Recreational (theatres, bowling alleys, etc) 10% 40% 100% 80% 100% Other 100% 100% 100% 100% 100% For mixed use developments utilizing the shared parking calculations table, which contain both residential and non-residential uses, a minimum of one (1) parking space 17 ORD. NO. 01-09 shall be reserved for each residential unit. These reserved spaces, or any spaces reserved for other uses, must be included in the "other" category and applied as 100% utilization. Furthermore, subsequent to the issuance of a Certificate of Occupancy (CO), the reservation of additional parking spaces will require a site plan modification and be subject to the provision of the minimum parking requirements. (b) Differing Hours of Operation: When uses within a structure or a development have separate hours of operation (e.g. 9 a.m. to 5 p.m. and 6 p.m. to 10 p.m.) administrative relief may be granted to allow double counting of parking spaces. (c) Subordinate Uses: When parking spaces are provided based upon an intensive use of a site (e.g. church services) and, at different times, other uses are on the site (e.g. day care) administrative relief may be granted to the effect of not requiring parking for the subordinate uses. Section 10. That Appendix "A", "Definitions" of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be and the same is hereby amended to read as follows: Gross Floor Area The total floor area contained within a building measured from the exterior surface of outer building walls. Net Floor Area The total floor area of a building, measured from the finished interior wall surface of the outer building walls, excluding major vertical penetrations of the floor (elevator and other mechanical shafts_ stair wells. mechanical eduipment. p_~rking areas. common restrooms, common lobbies, and common hallways. Storage area is included in the net square feet calculation unless it is demonstrated that it cannot be converted to habitable space. Section 11. 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 12. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 13. 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 , 2009. 18 ORD. NO. 01-09 ATTEST CitS~ Clerk First Reading Second Reading MAYOR 19 ORD. NO. 01-09 PLANNING AND ZONING BOARD MEMORANDUM STAFF REPORT MEETING DATE: DECEMBER 8, 2008 AGENDA NO: IV.B. AGENDA ITEM: CONSIDERATION OF A CITY INITIATED AMENDMENT TO LAND DEVELOPMENT REGULATIONS SECTION 4.3.3, "SPECIAL REQUIREMENTS FOR SPECIFIC USES", SUBSECTION (A), "SELF- SERVICE STORAGE FACILITIES (SSSF)" AND SUBSECTION (J), "GASOLINE STATION", TO REVISE AND/OR CLARIFY PARKING REQUIREMENTS FOR THESE USES; AMENDING SECTION 4.4.13, "CENTRAL BUSINESS (CBD) DISTRICT", SUBSECTION (G), "SUPPLEMENTAL DISTRICT REGULATIONS", SECTION 4.4.17, "RESIDENTIAL OFFICE (RO) DISTRICT", SUBSECTION (G), "SUPPLEMENTAL DISTRICT REGULATIONS", SECTION 4.4.24, "OLD SCHOOL SQUARE HISTORIC ARTS DISTRICT (OSSHAD)", SUBSECTION (G), "SUPPLEMENTAL DISTRICT REGULATIONS", SECTION 4.4.28, "CENTRAL BUSINESS DISTRICT-RAILROAD CORRIDOR (CBD-RC)", SUBSECTION (G), "SUPPLEMENTAL DISTRICT REGULATIONS", AND SECTION 4.4.29, "MIXED RESIDENTIAL, OFFICE AND COMMERCIAL (MROC) DISTRICT", SUBSECTION (H), "SUPPLEMENTAL DISTRICT REGULATIONS", TO CHANGE THE PARKING REQUIREMENTS FOR BUSINESS AND PROFESSIONAL OFFICES WITHIN THESE ZONING DISTRICTS AND TO EXPAND THE AREA SUBJECT TO SPECIAL PARKING REQUIREMENTS WITHIN THE CBD ZONING DISTRICT; AMENDING SECTION 4.6.9, "OFF-STREET PARKING REGULATIONS", SUBSECTION (C), "NUMBER OF PARKING SPACES REQUIRED", TO MODIFY HOW FRACTIONS ARE ROUNDED, TO CHANGE THE PARKING REQUIREMENTS FOR BUSINESS AND PROFESSIONAL OFFICES AND TO CLARIFY THE PARKING REQUIREMENTS FOR OTHER USES; AND AMENDING APPENDIX "A", "DEFINITIONS", TO ENACT NEW DEFINITIONS FOR "GROSS FLOOR AREA" AND "NET FLOOR AREA." ITEM BEFORE THE BOARD The item before the Board is that of making a recommendation to the City Commission regarding City-initiated amendments to those Sections of the Land Development Regulations dealing with parking requirements. Pursuant to Section 1.1.6, an amendment to the text of the Land Development Regulations may not be made until a recommendation is obtained from the Planning and Zoning Board. BACKGROUND /ANALYSIS On October 10, 2008, the City received a memo from Francisco Perez-Azua, Architect and Vice-Chair of the Chamber of Commerce Economic Development Committee. The memo outlines recommendations to incentivize office building development in Delray Beach. According IV.B. Planning and Zoning Board Memorandum Staff Report, December 8, 2008 Amendment to LDRs -Parking Page 2 to the Economic Development Committee, the City needs a sizeable, quality workforce to complement the success of the existing retail and residential environment in the City, and there seems to be a demonstrated need for Class A and Class B office space, both currently nonexistent in Downtown Delray Beach. The growing popularity of green building initiatives, together with the increased usage of the public transportation system in the City (downtown roundabout shuttle service and Tri-rail), have put the City into a position to take advantage of the opportunity to meet this need. As stated in the memo, "The Chamber believes that in this difficult economy, we should explore all opportunities to create jobs and build our city's tax base. " The recommendations presented in the memo build on the basic notion that a reduction in parking requirements for office development, and the allowance of various forms of automated parking systems will provide the necessary incentives to promote office development. The Planning and Zoning Director reviewed the memo and noted that, while some of the proposals would require more in depth analysis, others could be reviewed more quickly and adopted immediately. It is these proposals that are included in the Ordinance, now before the Board. This ordinance represents just the first phase of the process-the remaining proposals will be reviewed and brought forth at a later date. PROPOSED LDR TEXT AMENDMENTS The measurement basis for the parking requirements for business and professional offices has been changed from gross to net floor area. The definition of "net floor area," which has been included with these text amendment is as follows: "The total floor area of a building, measured from the finished interior wall surface of the outer building walls, excluding major vertical penetrations of the floor (elevator and other mechanical shafts, stair wells), mechanical equipment, parking areas, common restrooms, common lobbies, and common hallways. Storage area is included in the net square feet calculation unless it is demonstrated that it cannot be converted to habitable space." This change in the basis for measurement results in a reduction in the overall parking requirement by eliminating the area calculations for public lobbies, public exit corridors, public stairs, public mechanical/electrical rooms, public restroom facilities, public elevators, and public trash rooms from the parking requirement. It also promotes Class A office development by allowing larger public areas, such as atriums and lobbies to be provided without incurring the additional expense of providing parking for those areas. To implement this change, it was also necessary to provide a definition for "gross floor area", which is used to calculate the parking requirements for most of the other non-residential uses in the City. However, since the parking requirements for some uses, as currently written in the LDRs, were unclear as to the measurement basis, it was necessary to provide this clarification. This represents the bulk of the changes to Section 4.6.9(C), "Number of Parking Spaces Required." To take advantage of the elimination of parking requirements for public spaces in smaller office buildings and additions, it was also necessary to modify the methodology for rounding fractional spaces. As currently provided in the code, "if the total number of parking spaces required results in a fraction, it shall be rounded up to the next highest figure." For example, under the current regulations (based on gross floor area), an office building addition of 1,000 square feet would require 4 spaces (4 spaces per 1,000 gross floor area). With a change in the measurement basis to net floor area, an addition of this size with 20% of the total floor area devoted to public spaces, would not see a reduction in the total parking requirements. This is due to how fractions Planning and Zoning Board Memorandum Staff Report, December 8, 2008 Amendment to LDRs -Parking Page 3 are rounded. (800 x 4 spaces per 1,000 sq. ft. = 3.25 spaces, rounded to 4) The amendment changes how fractions are rounded as follows, "any fraction less than one-half space shall be rounded down to the nearest whole number and any fraction of one-half space or more shall be rounded up. " Overall, it is anticipated that the above proposed changes will promote additional office development throughout the City. The immediate targets for this development should be the downtown, the Congress Avenue corridor, the Four Corners area and the Federal Highway corridor. The other major change proposed by this amendment is to expand the area in the CBD where the parking requirement is 1 space per 300 square feet for all uses, except restaurants, hotels and motels. The area has been expanded from NE 1St Street to NE 2nd Street on the north and from SE 1St Street to SE 2nd Street on the south. It is anticipated that this change will begin to encourage additional development beyond the Atlantic Avenue corridor. The decrease in the off- street parking that will be provided for new development in this area, as a result of this amendment, will be offset by usage of the downtown shuttle and the new Old School Square and Federspiel parking garages. Additionally, in recent years, there has been a substantial increase in the total number of on-street parking spaces throughout the downtown area. This amendment expands upon the approach of utilizing shared parking for uses in the downtown area. Please note that the amendment also contains a minor correction related to the parking requirements for gasoline stations, which were different in two sections of the LDRs, (4.3.3(J) and 4.6.9(C)(3). REQUIRED FINDINGS LDR Section 2.4.5(M)(5) (Findings): Pursuant to LDR Section 2.4.5(M)(5) (Findings), in addition to LDR Section 1.1.6(A), the City Commission must make a finding that the text amendment is consistent with and furthers the Goals, Objectives and Policies of the Comprehensive Plan. Comprehensive Plan Policies: The goals, objectives and policies of the Comprehensive Plan were reviewed and the following applicable objective and policies were noted: Future Land Use Element Objective C-4 The Central Business District (CBD) represents the essence of what is Delray Beach i.e. a "village like, community by the sea". The continued revitalization of the CBD is essential to achieving the overall theme of the City's Comprehensive Plan of "A City Set Apart In South Florida". The following policies and activities shall be pursued in the achievement of this objective. Policy C-4.1 The Central Business District (CBD) Zoning District regulations shall facilitate and encourage rehabilitation and revitalization and shall, at a minimum, address the following: ^ deletion of inappropriate uses Planning and Zoning Board Memorandum Staff Report, December 8, 2008 Amendment to LDRs -Parking Page 4 ^ incentives for locating retail on the ground floor with office and residential use on upper floors ^ accommodating parking needs through innovative actions ^ incentives for dinner theaters, playhouses, and other family oriented activities ^ allowing and facilitating outdoor cafes ^ incentives for mixed use development and rehabilitations ^ elimination of side yard setback requirements ^ allow structural overhang encroachments into required yard areas Policy C-4.2 The "Downtown Delray Beach Master Plan" was adopted by the City Commission on March 19, 2002. Covering the downtown business districts surrounding the Atlantic Avenue corridor between I-95 and A-1-A, it represents the citizens' vision for the growth and unification of Delray Beach, while still retaining the "village like, community by-the-sea" character of the CBD. The Plan addresses a wide range of issues including infill development, neighborhood parks, shared parking, public art, the roadway and alleyway systems, marketing/economic development, and the need to modify the Land Development Regulations to include design guidelines to retain the character of Delray Beach. Future development and redevelopment in this area shall be consistent with the Master Plan. The above objective and policies seek to continue the revitalization of the Central Business District, by providing development incentives and accommodating a range of uses. The Downtown Delray Beach Master Plan includes recommendations for the development of a shared parking program aimed at reducing the impact of large areas of parking on the urban fabric. The proposed text amendment is intended to provide an incentive for additional development within the downtown and other areas of the City. The reduction in the parking requirements for office uses will promote shared parking and use of public transportation. Based on the above, a positive finding can be made that the amendment is consistent with and furthers the Goals, Objectives, and Policies of the Comprehensive. REVIEW BY OTHERS Courtesy Notices: Courtesy notices were provided to the following homeowner and civic associations: ^ Neighborhood Advisory Council Letters of objection and support, if any, will be provided at the Planning and Zoning Board meeting. A review of the amendment by the Parking Management Advisory Board (PMAB), Community Redevelopment Agency (CRA), Downtown Development Authority (DDA), West Atlantic Redevelopment Coalition (WARC), and Pineapple Grove Mainstreet (PGMS) will occur after the Planning and Zoning Board Meeting. The recommendations of those agencies will be provided to the City Commission prior to adoption of the amendment. Planning and Zoning Board Memorandum Staff Report, December 8, 2008 Amendment to LDRs -Parking Page 5 ASSESSMENT AND CONCLUSION The purpose of this text amendment is encourage office development throughout the City by reducing the costs associated with the provision of off-street parking. It will also promote additional development in the downtown area, in the second block north and south of Atlantic Avenue. Positive findings can be made with respect to LDR Section 2.4.5(M)(5). RECOMMENDED ACTION Move a recommendation of approval to the City Commission for aCity-initiated amendment to the Land Development Regulations Section 4.3.3, "Special Requirements for Specific Uses", Subsection (A), "Self-Service Storage Facilities (SSSF)" and Subsection (J), "Gasoline Station", to revise and/or clarify parking requirements for these uses; Section 4.4.13, "Central Business (CBD) District", Section 4.4.17, "Residential Office (RO) District", Section 4.4.24, "Old School Square Historic Arts District (OSSHAD)", Section 4.4.28, "Central Business District-Railroad Corridor (CBD-RC)", and Section 4.4.29, "Mixed Residential, Office and Commercial (MROC) district", to change the parking requirements for business and professional offices within these zoning districts and to expand the area subject to special parking requirements within the CBD zoning district; amending Section 4.6.9, "Off-Street Parking Regulations", to modify how fractions are rounded, to change the parking requirements for business and professional offices and to clarify the parking requirements for other uses; amending Appendix "A", "Definitions", to enact new definitions for "gross floor area" and "net floor area," by adopting the findings of fact and law contained in the Staff Report and finding that the request is consistent with the Comprehensive Plan and meets the criteria set forth in LDR Section 2.4.5(M)(5). Attachments • Chamber of Commerce Economic Development Committee Memo • Proposed Ordinance s:\planning & zoning\boards\p&z board\Idr amendment parking for offices.doc GREATER DELRAY BEACH G~a+nber of Commerce Memo to: The Delray Beach City Commissioners From: Francisco Perez-Azua, Architect & Vice Chair, Chamber Economic Development Re: Downtown Incentives For Delray Beach Office Buildings Date: October 10, 2008 On behalf of the Greater Delray Beach Chamber of Commerce and our Economic Development Committee, I am pleased to present some thoughts and recommendations to the City regarding programs to incentivize office building developments. The Chamber believes that in this difficult economy we should explore all opportunities to create jobs and build our city's tax base. We are bullish on positioning Delray Beach as a community that is "user friendly," that is, a great place to both do business and build business. We present these recommendations to the City with the full understanding that this is simply a starting place for discussion and we look forward to that. Before addressing the specific topic of potential parking incentives, we need to put the downtown Delray Beach office market into perspective. Both the Downtown Delray Beach Master Plan and the city's Comprehensive Plan highlight the need for additional office space in the Downtown district. This need is simple to understand. In order to complement the success of the retail and existing residential environment, we need a sizeable, quality workforce. Examples of the types of target business clusters we should be trying to attract are financial, technology, bioscience and medicine. There is an abundance of developable land. Though much of the land holds entitlements for multi-family residential construction, the reality is that, given the current state of the residential real estate market, most of these projects will not be constructed over the next decade. It does not take a" leap of faith" to suggest that the timing is propitious to develop the necessary infrastructure upon which to build our business identity. Delray Beach does not suffer from a bad business image. Rather, The City has no business image and, the timing is ideal to devote attention to the creation of the image we want to portray in attracting new and expanding business operations. Our present downtown office business base consists primarily of relatively small professional and financial services enterprises. There seems to be a demonstrated need for Class A and Class B office space, both currently nonexistent in Downtown Delray Beach. Downtown Delray Beach is not headquarters for any firm of substantial size. That is not meant as a criticism and may indeed represent an opportunity to attract a cadre of entrepreneurs. With that foundation now laid, let us exemplify a situation presenting advantage to economic development efforts in Delray Beachpublic transportation and Green building public policies. The City has created and implemented a popular Downtown Roundabout Shuttle Bus Service. This service is quickly becoming a vital element to our transportation corridors, carrying a broad cross-section of our City's permanent and transient populations, i.e., daily visitors, tourists, workers, students and residents. Couple the growth in demand of this service with the remarkable increase in Tri-Rail ridership and we witness a viable alternative to the automobile for the South Florida workforce. High gasoline prices and increased employer use of the Tri-Rail discount program have been cited repeatedly as causes for this shift in commuter behavior. We strongly believe that these habits will continue to grow in the foreseeable future! Further encouraging public transportation usage are the Green Building policies now commonplace (and soon becoming essential). These policies strongly encourage the use of public transportation in order to reduce environmental and land development impacts from automobile uses. For example, LEED Alternative Transportation strategies from the U.S. Green Building Council include credits for buildings sited within close proximity to commuter rail stations/bus stops and for office buildings providing bicycle racks for at least five per cent of building users along with showers and changing facilities within the building. Further credits toward LEED Certification are given for office buildings that provide parking requirements below minimum code requirements. In other words, by providing development options that encourage public transportation, Delray Beach is placing itself in the enviable position of being in the forefront of green building and transit-oriented developments. Recommendations 1. Create the following incentives to promote office building developments: a. General Parking Incentives for all zoning districts: i. For office buildings, area calculations for public lobbies, public exit corridors, public stairs, common mechanical/electrical rooms, public restroom facilities, public elevators, and public trash rooms shall not count towards parking calculation requirements. ii. Allow various forms of Automated Parking Systems: 1. Within enclosed parking garages so they are not visible from the public right of way. 2. As parking spaces not for the general public. b. Create a "Downtown Office Core" district along Atlantic Avenue: Definition: Downtown Office Core shall be that portion of the CBD bounded by I-95 to the west and Swinton Avenue to the east; and for that portion of the CBD located east of Swinton Avenue it shall be that portion of the CBD bounded by Swinton Avenue to the west, NE. 2"d street to the north, S.E. 2"d street to the south, and NE. and S.E. 6th Avenue to the east; and, for that portion of the CBD located east of N.E. 6th Avenue it shall be that portion of the CBD bounded by N.E. 6th Avenue to the west, N.E. 1st street to the north, Atlantic Avenue to the south, and the Intracoastal waterway to the east. 2 ii. The parking requirements for Office Use with in the Downtown Office Core shall be either of the following two options: 1. One parking space per each 300 S.F. of office space or fraction thereof; or 2. For office buildings, one parking space per each 500 square feet or fraction thereof with the following conditions: a. The office building development shall pay an impact fee (or in- lieu fee) towards both, the maintenance and operation of public transportation to and from the tri-rail station (such as the Downtown Roundabout Shuttle Bus Service), and towards the construction, maintenance, and operation of parking garages. b. Employers within the office building shall implement a "Parking Policy Plan" as Defined by the Land Development Regulations. iii. Upper-story conversions from Residential-Use to Office-Use fronting Atlantic Avenue shall be exempt of adding parking spaces. iv. Additions to Retail establishments fronting Atlantic Avenue shall not be required to provide additional parking requirements. c. Create a "Federal Highway Office Core" district Requirements: Definition: The Federal Highway Office Core shall be that portion of the CBD bounded by 5th Avenue to the West, 6th Avenue to the East, George Bush Blvd. to the North and N.E. 2"d street to the south for the north section, and S.E. 2"d street to the north and S.E. 10th Street to the South for the south section. ii. The parking requirements for Office Use within the Federal Highway Office Core shall be one parking space per each 300 S.F. of office space or fraction thereof. 2. The City should retain the services of a specialty consultant to analyze the City's current parking demand and project future demand, and create a "Parking Policy" for Delray Beach. A Parking Policy may include the following: a. Evaluation of existing Parking. b. Parking Spaces required in urban core, vs. suburban areas vs. beach district c. In-lieu Fees d. Calculation of the increased potential square footage of buildings allowable by the recommended changes to the parking requirements, including projections of increased traffic counts and increased property tax revenues to the city. e. Shared Parking f. Parking Pricing g. Parking Decals and/or Parking Permits i. for Downtown residents ii. for City wide residents iii. for City staff h. Parking Garages i. Management ii. Income/Expenses analysis iii. Future growth -determine needs for the future, including potential locations to retain the parking in areas where it is needed. iv. Long term Maintenance Plans v. Safety and Security vi. Walkability Improvements to destinations vii. Parking fees i. Long-term Planning for Parking Supply increase j. Parking Rules i. Rules for Downtown Employees k Parking User Information 1. Public Transportation i. Downtown Roundabout Shuttle Bus Service 1. Ridership study 2. Cost analysis 3. Alternate funding recommendations 4. Routes ii. Palm-Tran routes iii. Bus stop analysis: Location, Design. iv. Bus stop requirements for new projects m. Clean Air Act n. Ridesharing o. Recommended structure of a city Parking Management Department and revised structure/role of the Parking Management Advisory Board APENDIX A: Employer Parking Policy Plan 1. An "Employer Parking Policy Plan" should be approved by the Parking Management Board. 2. Employer Parking Policy Plans should include the following: Parking Policy Considerations Ridesharing Programs Membership to Tri-Rail employer discount program Parking Permits Parking Rules Employer's Premises Parking and Mass Transit Fringe Benefit Taxation Parking Facilities and the ADA Clean Air Act Vehicle Searches Safety and Security 3. Updates and modifications to Employer Parking Policy Plans must be approved by the Parking Management Board. 4. Employer Parking Policy Plans should be updated, at a minimum, once every five years. 4 APENDIX B: City A~roved Automated Parking Systems The LDR's should not restrict Automated parking systems to Single-Level Mechanical Parking Lifts as per LDR 4.6.9(D)(ll). Alternative Automated Parking Systems such as Klaus Auto- Parker and Klaus Automatic Parker Systems should be allowed. The following are a few examples of other automated parking systems: Done In OFe]ef tc Rc~k Our +reh101o NO.41rls IOYAlF wsNClaa are ~hIrFSO tame leTr Ir1O e1riR11+ 1P0 I~ ROYF deIOYF YehlOle NO.4 Ir1O p10rrOR1'1 Obn b4 101MafO~~ ms +ren~c~e can ae parr~sd. P~k~ apaoaa cn ihs OGGft7aCh IGYGi Of4 OOCO~Eab wITh41n IhINl11~ 1hs Dldtram~, io paFk out+rorYde Nc.2 lu~r Ilr} pldil~oml Ho. 4 anb IT1o4~ Rlal'hrFl'1 NO. $10 1hs FI~IYr. Automatic Parker MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: December 29, 2008 SUBJECT: AGENDA ITEM 10.C. -REGULAR COMMISSION MEETING OF JANUARY 6, 2009 ORDINANCE N0.56-08 ITEM BEFORE COMMISSION This ordinance is before Commission for second reading and public hearing to consider aCity-initiated amendment to the Land Development Regulations (LDR) of the Code of Ordinances, by amending Section 2.4.3, "Submission Requirements", Subsection (K), "Fees", Sub-subsection (1), "Development Applications", in order to provide fees for requests for a change of historic designation or classification, and ad valorem tax exemption applications. BACKGROUND At first reading on December 9, 2008, the Commission approved Ordinance No. 56-08. RECOMMENDATION Recommend approval of Ordinance No. 56-08 on second and final reading. ORDINANCE NO. 56-08 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES, BY AMENDING SECTION 2.4.3, "SUBMISSION REQUIREMENTS", SUBSECTION (K), "FEES", SUB-SUBSECTION (1), "DEVELOPMENT APPLICATIONS", IN ORDER TO PROVIDE FEES FOR REQUESTS FOR A CHANGE OF HISTORIC DESIGNATION OR CLASSIFICATION, AND AD VARLOREM TAX EXEMPTION APPLICATIONS; PROVIDING A SAVING CLAUSE, A GENER.AI_. REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning Board reviewed the proposed text amendment at a public hearing held on December 8, 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, sitting as the Local Planning Agency, has determined that the change is consistent with and furthers the goals, objectives and policies of the Comprehensive Plan; and WHEREAS, the CitS~ Commission of the CitS~ of Delray Beach adopts the findings in the Planning and Zoning Staff Report; and WHEREAS, the CitS~ Commission of the CitS~ of Delray Beach finds the ordinance is consistent with the Comprehensive Plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the recitations set forth above are incorporated herein. Section 2. That Section 2.4.3, "Submission of Requirements", Subsection (K), "Fees", Sub- subsection (1), "Development Applications" of the Land Development Regulations of the Code of Ordinances, be and the same is hereby amended to read as follows: (1) Development Applications: The following fees shall be charged for development applications. All fees are cumulative and separate unless otherwise indicated. Combined applications shall provide multiple fees. (a) Comprehensive Plan Amendment ~ 2,500 (b) Review of a ADA/DRI ~ 3,640 Modification of a DRI ~ 1,215 (c) Voluntary Annexation with Zoning ~ 1,105 (4) (d) Rezoning of Land ~ 2,000 (e) Modification of a SAD Ordinance to add a use or uses ~ 2,000 (~ Conditional Uses, New Application ~ 1,500 Modification requiring Board Review ~ 610 (g) Master Plans ~ 1,215 (1) Master Plan Modification (5) (h) Formal review of a Sketch Plan [Section 2.4.1(B)] ~ 610 (i) Similarity of Use ~ 305 (j) Site Plan Review: Class I (Non-Impacting Modification) ~ 110 Class II (Non-Impacting with Board Review) ~ 225 Class III (Minor Modification) ~ 550 (1) Class IV (Major Modification) ~ 915 (1) Class V (New Submission) ~ 1,215 (1) (k) Extension requests for a previous conditional use or site plan approval (12) Class I Site Plan Modification ~ 55 Class II Site Plan Modification ~ 115 Class III Site Plan Modification ~ 275 Class IV Site Plan Modification ~ 430 Class V Site Plan ~ 610 Conditional Use ~ 750 Conditional Use Modification ~ 305 Certificate of Appropriateness for Minor Development ~ 30 Certificate of Appropriateness for Major Development ~ 280 (~) Plats Minor Subdivision ~ 915 (1) Major Subdivision ~ 1,825 (1) Plat Recording Fee (3) (m) Abandonments Right-of-wa~~ ~ 750 General Easements ~ 370 2 ORD. NO. 56-08 Specific Easements ~ 185 (n) Master Sign Program ~ 150 (o) Variances Board of Adjustment ~ 500 Historic Preservation Board ~ 250 (p) Formal interpretation by the Board of Adjustment ~ 60 (per item) ~ 60 (q) Certificate of Appropriateness by Board (14) Minor Development ~ 60 (2) Major Development ~ 555 (1) (r) Certificate of Appropriateness by Staff ~ 0 (13) (s) Request for Historic Designation ~ 60 (per propert~ Request for Change of Historic Designation or Classification S 60 ( per propert~ (t) Hearing before the Board of Adjustment ~ 60 (per item) ~ 60 (u) Temporary Use Request involving CitS~ Commission ~ 130 Action (v) Water Service Agreement Request - - without concurrent site plan - - with concurrent site plan (w) Land Development Regulations Text Change (x) Waivers and Internal Adjustments (y) Appeals by Applicant (z) Advertising (aa) Zoning Verification Letter (bb) Single Family Overlay District Site Plan Review ~ 130 ~ 0 ~ 1,500 ~ 130 per request (6) ~ 250 per request (7) ~ 335 (8) (~) ~ 120 ~ 1,460 (1) 3 ORD. NO. 56-08 (cc) Application Fee for In-Lieu Of and Public Parking Fee ~ 225 (10) Requests (ddl Ad Valorem Tax Exemption S 0 (Review Concurrent with COA review Ad Valorem Tax Exemption S 60 (Review after CO received for approved development Section 4. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 5. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 6. That this ordinance shall become effective immediately upon its passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the day of .2008. ATTEST MAYOR CitS~ Clerk First Reading Second Reading 4 ORD. NO. 56-08 MEMORANDUM T0: Mayor and City Commissioners FROM: AMY E. ALVAREZ, HISTORIC PRESERVATION PLANNER MARK MCDONNELL, AICP, ACTING DIRECTOR PLANNING AND ZONING THROUGH: City Manager DATE: December 2, 2008 SUBJECT: AGENDA ITEM 12.A. -REGULAR COMMISSION MEETING OF DECEMBER 9, 2008 ORDINANCE NO. 56-08 ITEM BEFORE COMMISSION The item before the City Commission is a City-initiated amendment to LDR Sections 2.4.3(K)(1) to provide for an application fee associated with the review of Ad Valorem Tax Exemption Applications and Changes of Historic Designation and/or Classification, pursuant to LDR Section 2.4.5(M). BACKGROUND The subject amendments provide fees for two different application types: Ad Valorem Tax Exemption, and Change of Historic Designation and/or Classification. Staff is proposing that when Ad Valorem Tax Exemption Application are submitted concurrently with a Certificate of Appropriateness (COA) that no additional fees be collected for the review. However, if an Ad Valorem Tax Exemption application is submitted during or after completion of the improvements, a fee of $60 would be required. The subject amendments also provide for a fee of $60 per property associated with removal from or expansion into a historic district and/or the change of historic classification application types. A complete summary of the changes is included in the attached Planning and Zoning Staff report. REVIEW BY OTHERS The Historic Preservation Board (HPB) considered the subject amendments at their December 3, 2008 meeting, where they recommended approval by a vote of 6-1. The Planning and Zoning Board considered the subject amendments at their December 8, 2008 meeting. This recommendation will be available at the City Commission meeting. RECOMMENDATION http://miweb001/Agendas/Bluesheet.aspx?ItemID=1731&MeetingID=158[12/29/2008 6:07:06 PM] By motion, approve and law contained Comprehensive Plan Regulations. on first reading Ordinance No. 56-08, by adopting the findings of fact n the staff report and finding that the request is consistent with the and meets criteria set forth in Section 2.4.5(M) of the Land Development http://miweb001/Agendas/Bluesheet.aspx?ItemID=1731&MeetingID=158[12/29/2008 6:07:06 PM] PLANNING AND ZONING BOARD MEMORANDUM STAFF REPORT MEETING DATE: DECEMBER 8, 2008 AGENDA NO: Idl..J. ITEM: CITY INITIATED AMENDMENTS PERTAINING TO THE LAND DEVELOPMENT REGULATIONS (LDR) SECTION 2.4.3, "SUBMISSION REQUIREMENTS", SUBSECTION (K), "FEES", SUB-SUBSECTION (1), "DEVELOPMENT APPLICATIONS", IN ORDER TO PROVIDE FEES FOR REQUESTS TO CHANGE HISTORIC DESIGNATION OR CLASSIFICATION AND AD VALOREM TAX EXEMPTION APPLICATIONS. ITEM BEFORE THE BOARD The item before the Board is that of making a recommendation to the City Commission regarding City- initiated amendments to LDR Sections 2.4.3(K)(1) to provide for an application fee associated with the review of Ad Valorem Tax Exemption Applications and Changes of Historic Designation andlor Classification. Pursuant to Section 1.1.6, an amendment to the tent of the Land Development Regulations may not be made until a recommendation is obtained from the Planning and Zoning Board. DESCRIPTION AND ANAL1fSIS The subject amendments provide fees for two different application types: Ad Valorem Tax Exemption, and Change of Historic Designation and/or Classification. The Ad Valorem Tax Exemption application has been available since 1996, and may be submitted before, during, or after the HPB approved improvements are constructed, Staff is proposing that when applications are submitted concurrently with the initial Certificate of Appropriateness (COA) that no additional fees be collected for the review. However, if an Ad Valorem Tax Exemption application is submitted during or after completion of the improvements, a fee of $60 would be required. The difference between the two is that additional work and Staff Reports are required when the review is not concurrent. This fee amount was established based on the amount required for a COA request for alterations, as the work generated effort be comparable. In September 2008, Ordinance 09-08 was adopted which provides a process and criteria for the removal from or expansion into a historic district, and/or the change of historic classification (i.e. contributing to non-contributing). Therefore, the subject amendments provide for a fee of $60 per property associated with the above noted application types. This fee amount was established based on the existing $60 fee for an individual historic designation. Pursuant to LDR Section 2.4.5(M)(5), approval of an LDR amendment must be based upon a finding that the amendment is consistent with and furthers the Goals, Objectives, and Policies of the Comprehensive Plan. While the amendment does not specifically further the Goals, Objectives, and Policies of the Comprehensive Plan, it is not inconsistent with them. REidIEV4! Bl° OTHERS The HPB reviewed the subject Ordinance at its December 3, 2008 meeting, where a recommendation of approval was made. Planning and Zoning Board Memorandum Staff Report December 8, 2008 Ordinance 56-08; HPB Application Review Fees Page 2 of 2 ALTBRfVATI~E AOTIC)N~ A. Continue with direction. B. Move a recommendation of approval to the Planning and Zoning Board of the amendments to the Land Development Regulations (LDRs) associated with Ordinance 56-08 by adopting the findings of fact and law contained in the staff report and finding that the request is consistent with the Comprehensive Plan. C. Move a recommendation of denial to the Planning and Zoning Board of the amendments to the Land Development Regulations (LDRs) associated with Ordinance 56-08 by adopting the findings of fact and law contained in the staff report and finding that the request is inconsistent with the Comprehensive Plan. (Motion to be phrased in the affirmative. See above.) RBCC~IVIMEIVI~ATIQIV Move a recommendation of approval to the City Commission of the amendments to the Land Development Regulations (LDRs) associated with Ordinance 56-08 by adopting the findings of fact and law contained in the staff report and finding that the request is consistent with the Comprehensive Plan. Prepared by: Amy E. Alvarez, Historic Preservation Planner Attachments: Ordinance 56-08 MEMORANDUM TO: Mayor and City Commissioners FROM: MARK MCDONNELL, AICP, ASST. DIRECTOR PLANNING AND ZONING PAUL DORLING, AICP, DIRECTOR PLANNING AND ZONING THROUGH: CITY MANAGER DATE: December 31, 2008 SUBJECT: AGENDA ITEM 12.A. -REGULAR COMMISSION MEETING OF JANUARY 6, 2009 ORDINANCE 03-09 ITEM BEFORE COMMISSION Consideration of aCity-initiated amendment to the Land Development Regulations to allow the City to contribute funds to an entity that is developing artwork for either public or private property not owned by the City. BACKGROUND The amendment will allow the City to contribute funds to an entity that is developing artwork for either public or private property they don't own. If the City opts to contribute such funds, an agreement must be approved by the City Attorney that must include provisions that such art be visible by the public. REVIEW BY OTHERS The text amendment was considered by the Planning and Zoning Board on December 8, 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. 03-09 for aCity-initiated amendment to the Land Development Regulations, by adopting the findings of fact and law contained in the staff report and finding that the amendment is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(M) of the Land Development Regulations. ORDINANCE NO. 03-09 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 8.5.1, "ESTABLISHMENT OF PUBLIC ARTS PROGRAM", SUBSECTION (C), "OWNERSHIP AND MAINTENANCE", TO PROVIDE THAT THE CITY MAY CONTRIBUTE FUNDS THROUGH THE PUBLIC ARTS PROGRAM TO OTHER ENTITIES IN ORDER TO HELP FUND PUBLIC ART; 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 December 8, 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, sitting as the Local Planning Agency, has determined that the change is consistent with and furthers the goals, objectives and policies of the Comprehensive Plan; and WHEREAS, the City Commission of the City of Delray Beach adopts the findings in the Planning and Zoning Staff Report; and WHEREAS, the City Commission of the City of Delray Beach finds the ordinance is consistent with the Comprehensive Plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the recitations set forth above are incorporated herein. Section 2. That Section 8.5.1, "Establishment of Public Arts Program", Subsection (C), "Ownership and Maintenance", of the Land Development Regulations of the City of Delray Beach, Florida, be and the same is hereby amended to read as follows: (C) Ownershiu and Maintenance: (1) The City will own all the rights to the art produced under the Public Arts Program except as set forth in paragraphs 4 and 5 below, and subject to the provisions of the Visual Artists Rights Act of 1990. All contracts with artists and all art purchases will require the artist to waive the following restrictions: (i) Photographic reproduction rights; (ii) Right to remove/relocate art; (iii) Right to repair art in case of emergency. Artist will retain the copyright and the right to be notified if the work is to be destroyed, or modified or radically repaired on a nonemergency basis. (2) City will retain ownership of proposal models or drawings of commissioned art. (3) Maintenance may be the responsibility of the City. (4) If the City contributes funds for art that is placed on private property and does not hire the artist to perform the work, paragraph (1) above shall not apply. If the City hires the artist to perform the work on private property then paragraph (1) shall apply. However, if the City contributes funds for an art project that is located on private property, an agreement must be executed between the City and the property owner that sets forth the following: • Who will maintain the artwork; • The standard in which it will be maintained; • What rights, if any, that the City or some other third party will have regarding access to the artwork; • What remedies the City may have if the property owner fails to maintain the artwork in the manner set forth in the agreement; • The location of the artwork and requirements that nothing may be placed in front of the artwork to shield its view from the public; • The rights the public has to view or access to the artwork; • The time period in which the artwork will remain at the location set forth in the agreement and provisions for reimbursement of city funds, if required, if the artwork is removed prior to that time period; • Once the required time period for the artwork to remain on the property, as set forth in the agreement, has expired and if the artwork is owned by the City, the City shall remove the artwork; if the artwork is not owned by the City, the City will not be responsible for its removal; • Ownership of the artwork. The City may contribute funds, for art located on public or private property, to an entity that is not the owner of the property but is developing artwork for the property. If the City so chooses to contribute funds there shall be an agreement between the City and the entity receiving the funds, a~roved by the City Attorney, that shall include, but not be limited to, that the art shall be visible by the public. 2 ORD. NO. -08 Section 4. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 5. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 6. That this ordinance shall become effective immediately upon its passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the day of , 2008. ATTEST City Clerk First Reading Second Reading MAYOR 3 ORD. NO. -08 PLANNING AND ZONING BOARD STAFF REPORT MEETING DATE: DECEMBER 8, 2008 AGENDA NO: IV.F. AGENDA ITEM: CONSIDERATION OF ACITY-INITIATED AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS (LDR), AMENDING SECTION 8.5.1, "ESTABLISHMENT OF PUBLIC ARTS PROGRAM", SUBSECTION (C), "OWNERSHIP AND MAINTENANCE", TO PROVIDE THAT THE CITY MAY CONTRIBUTE FUNDS THROUGH THE PUBLIC ARTS PROGRAM TO OTHER ENTITIES IN ORDER TO HELP FUND PUBLIC ART. ITEM BEFORE THE BOARD The item before the Board is to make a recommendation to the City Commission regarding acity- initiated amendment to Land Development Regulations (LDRs) that will allow the City to contribute funds to an entity that is developing artwork for either public or private property they don't own. Pursuant to Section 1.1.6, an amendment to the text of the Land Development Regulations may not be made until a recommendation is obtained from the Planning and Zoning Board. BACKGROUND/ANALYSIS The amendment will allow the City to contribute funds to an entity that is developing artwork for either public or private property they don't own. If the City opts to contribute such funds, an agreement must be approved by the City Attorney that must include provisions that such art be visible by the public. REQUIRED FINDINGS Comprehensive Plan Conformance LDR Section 2.4.5(M)(5) (Findings) requires that the City Commission make a finding that the text amendment is consistent with and furthers the Goals, Objectives and Policies of the Comprehensive Plan. Relevant sections of the Comprehensive Plan are cited below: Policy C-3.1 The City of Delray Beach hereby acknowledges the role of Culture and the Arts in Economic Development and pledges in pursuit of a theme of this Comprehensive Plan -- A Renaissance Community -- the promotion of the arts and accommodation of cultural activities for economic development ends. This amendment is consistent with the Comprehensive Plan as it continues the Public Arts Program in the City. The amendment increases the flexibility for City contributions for artwork and ensures, at a minimum, that the art will be visible by the public for their enjoyment. Planning and Zoning Board Meeting, December 8, 2008 LDR Amendment -Public Arts Program REVIEW BY OTHERS Courtesy Notices Courtesy notices were provided to the following homeowner and civic associations: ^ Neighborhood Advisory Council Letters of objection and support, if any, will be provided at the Planning and Zoning Board meeting. ALTERNATIVE ACTIONS A. Continue with direction. B. Move a recommendation of approval to the City Commission of the amendment to Land Development Regulations, Section 8.5.1, "Establishment of Public Arts Program", Subsection (c), "Ownership and Maintenance", by adopting the findings of fact and law contained in the staff report, and finding that the text amendment and approval thereof is consistent with the Comprehensive Plan and meets the criteria set forth in LDR Section 2.4.5(M) C. Move a recommendation of denial to the City Commission of the amendment to Land Development Regulations, Section 8.5.1, "Establishment of Public Arts Program", Subsection (c), "Ownership and Maintenance", by adopting the findings of fact and law contained in the staff report, and finding that the text amendment and approval thereof is inconsistent with the Comprehensive Plan and does not meet the criteria set forth in LDR Section 2.4.5(M) (motion to be made in the affirmative). RECOMMENDED ACTION D. Recommend approval of the amendment to Land Development Regulations, Section 8.5.1, "Establishment of Public Arts Program", Subsection (c), "Ownership and Maintenance", by adopting the findings of fact and law contained in the staff report, and finding that the text amendment and approval thereof is consistent with the Comprehensive Plan and meets the criteria set forth in LDR Section 2.4.5(M) attachment: ^ proposed ordinance 2