The URL can be used to link to this page

01-20-09 Regular Agenda ëØÖÈÑÜËúÎÐÐÔÊÊÔÎÏðØØÉÔÏÖ ëèñøê÷îëíèûñôúíüëéôúôíüéôîï éÈØÊÙÜÄóÜÏÈÜËÄ íèûñôúúîððøïé éÕØÍÈÛÑÔÚÔÊØÏÚÎÈËÜÖØÙÉÎÎ××ØË ÚÎÐÐØÏÉÊÆÔÉÕÉÕØÎËÙØËÎ×ÍËØÊØÏÉÜÉÔÎÏÛØÔÏÖÜÊ×ÎÑÑÎÆÊúÔÉÄêÉÜ×× ëØÖÈÑÜËðØØÉÔÏÖ ÍÐ ÍÈÛÑÔÚÚÎÐÐØÏÉÊúÎÐÐÔÊÊÔÎÏÙÔÊÚÈÊÊÔÎÏÜÏÙÎ××ÔÚÔÜÑÜÚÉÔÎÏúÔÉÄ íÈÛÑÔÚõØÜËÔÏÖÊ ÍÐ úÎÐÐÔÊÊÔÎÏÐØØÉÔÏÖÊÜËØÛÈÊÔÏØÊÊÐØØÉÔÏÖÊÜÏÙÉÕØËÔÖÕÉÉÎÑÔÐÔÉ ùØÑËÜÄûØÜÚÕúÔÉÄõÜÑÑöØÏØËÜÑÑÄËØÐÜËÒÊÛÄÜÏ ÙÔÊÚÈÊÊÔÎÏËØÊÉÊÆÔÉÕÉÕØúÎÐÐÔÊÊÔÎÏ ÔÏÙÔÇÔÙÈÜÑÆÔÑÑÛØÑÔÐÔÉØÙÉÎÉÕËØØÐÔÏÈÉØÊÎËÑØÊÊ éÕØðÜÄÎËÎË ÍËØÊÔÙÔÏÖÎ××ÔÚØËÕÜÊÙÔÊÚËØÉÔÎÏÉÎÜÙÓÈÊÉÉÕØÜÐÎÈÏÉÎ×ÉÔÐØÜÑÑÎÚÜÉØÙ ü íÈÛÑÔÚõØÜËÔÏÖÊüÏÄÚÔÉÔÃØÏÔÊØÏÉÔÉÑØÙÉÎÊÍØÜÒÎÏÔÉØÐÊÈÏÙØË ÉÕÔÊÊØÚÉÔÎÏ û úÎÐÐØÏÉÊÜÏÙôÏÌÈÔËÔØÊÎÏïÎÏüÖØÏÙÜôÉØÐÊ×ËÎÐÉÕØíÈÛÑÔÚ üÏÄÚÔÉÔÃØÏÔÊØÏÉÔÉÑØÙÉÎÛØÕØÜËÙÚÎÏÚØËÏÔÏÖÜÏÄÐÜÉÉØËÆÔÉÕÔÏ ÉÕØÊÚÎÍØÎ×ÓÈËÔÊÙÔÚÉÔÎÏÎ×ÉÕØúÎÐÐÔÊÊÔÎÏÈÏÙØËÉÕÔÊÊØÚÉÔÎÏ éÕØúÎÐÐÔÊÊÔÎÏÐÜÄÆÔÉÕÕÎÑÙÚÎÐÐØÏÉÎËÙÔËØÚÉÉÕØúÔÉÄ ðÜÏÜÖØËÉÎÉÜÒØÜÚÉÔÎÏÎÏËØÌÈØÊÉÊÎËÚÎÐÐØÏÉÊ ú ëØÖÈÑÜËüÖØÏÙÜÜÏÙ÷ÔËÊÉëØÜÙÔÏÖôÉØÐÊíÈÛÑÔÚÔÏÍÈÉÎÏ ÜÖØÏÙÜØÙÔÉØÐÊÎÉÕØËÉÕÜÏÉÕÎÊØÉÕÜÉÜËØÊÍØÚÔ×ÔÚÜÑÑÄÊØÉ×ÎËÜ ×ÎËÐÜÑÍÈÛÑÔÚÕØÜËÔÏÖÊÕÜÑÑÛØÜÑÑÎÆØÙÆÕØÏÜÖËØØÙÛÄ ÚÎÏÊØÏÊÈÊÎ×ÉÕØúÔÉÄúÎÐÐÔÊÊÔÎÏ êôöïôïêõøøé íËÔÎËÉÎÉÕØÊÉÜËÉÎ×ÉÕØúÎÐÐÔÊÊÔÎÏðØØÉÔÏÖ ÔÏÙÔÇÔÙÈÜÑÊÆÔÊÕÔÏÖÉÎÜÙÙËØÊÊÍÈÛÑÔÚÕØÜËÔÏÖÎËÏÎÏÜÖØÏÙÜØÙÔÉØÐÊ ÊÕÎÈÑÙÊÔÖÏÔÏÎÏÉÕØÊÕØØÉÑÎÚÜÉØÙÎÏÉÕØËÔÖÕÉÊÔÙØÎ×ÉÕØÙÜÔÊô×ÄÎÈ ÜËØÏÎÉÜÛÑØÉÎÙÎÊÎÍËÔÎËÉÎÉÕØÊÉÜËÉÎ×ÉÕØÐØØÉÔÏÖÄÎÈÐÜÄÊÉÔÑÑ ÜÙÙËØÊÊÉÕØúÎÐÐÔÊÊÔÎÏÎÏÜÏÜÍÍËÎÍËÔÜÉØÔÉØÐéÕØÍËÔÐÜËÄÍÈËÍÎÊØ Î×ÉÕØÊÔÖÏÔÏÊÕØØÉÔÊÉÎÜÊÊÔÊÉÊÉÜ××ÆÔÉÕËØÚÎËÙÒØØÍÔÏÖéÕØËØ×ÎËØ ÆÕØÏÄÎÈÚÎÐØÈÍÉÎÉÕØÍÎÙÔÈÐÉÎÊÍØÜÒÍÑØÜÊØÚÎÐÍÑØÉØÉÕØÊÔÖÏ ÔÏÊÕØØÉÔ×ÄÎÈÕÜÇØÏÎÉÜÑËØÜÙÄÙÎÏØÊÎ üùùëøêêôïöéõøúîððôêêôîï üÉÉÕØÜÍÍËÎÍËÔÜÉØÉÔÐØ ÍÑØÜÊØÊÉØÍÈÍÉÎÉÕØÍÎÙÔÈÐÜÏÙÊÉÜÉØÄÎÈËÏÜÐØÜÏÙÜÙÙËØÊÊ×ÎËÉÕØ ËØÚÎËÙüÑÑÚÎÐÐØÏÉÊÐÈÊÉÛØÜÙÙËØÊÊØÙÉÎÉÕØúÎÐÐÔÊÊÔÎÏÜÊÜÛÎÙÄ ÜÏÙÏÎÉÉÎÔÏÙÔÇÔÙÈÜÑÊüÏÄÍØËÊÎÏÐÜÒÔÏÖÔÐÍØËÉÔÏØÏÉÎËÊÑÜÏÙØËÎÈÊ ËØÐÜËÒÊÎËÆÕÎÛØÚÎÐØÊÛÎÔÊÉØËÎÈÊÆÕÔÑØÜÙÙËØÊÊÔÏÖÉÕØúÎÐÐÔÊÊÔÎÏ ÊÕÜÑÑÛØÛÜËËØÙÛÄÉÕØÍËØÊÔÙÔÏÖÎ××ÔÚØË×ËÎÐÊÍØÜÒÔÏÖ×ÈËÉÕØËÈÏÑØÊÊ ÍØËÐÔÊÊÔÎÏÉÎÚÎÏÉÔÏÈØÎËÜÖÜÔÏÜÙÙËØÊÊÉÕØúÎÐÐÔÊÊÔÎÏÔÊÖËÜÏÉØÙÛÄ ÜÐÜÓÎËÔÉÄÇÎÉØÎ×ÉÕØúÎÐÐÔÊÊÔÎÏÐØÐÛØËÊÍËØÊØÏÉ üííøññüéøíëîúøùèëøê íÑØÜÊØÛØÜÙÇÔÊØÙÉÕÜÉÔ×ÜÍØËÊÎÏÙØÚÔÙØÊÉÎÜÍÍØÜÑÜÏÄÙØÚÔÊÔÎÏÐÜÙØ ÛÄÉÕØúÔÉÄúÎÐÐÔÊÊÔÎÏÆÔÉÕËØÊÍØÚÉÉÎÜÏÄÐÜÉÉØËÚÎÏÊÔÙØËØÙÜÉÉÕÔÊ ÐØØÉÔÏÖÊÈÚÕÍØËÊÎÏÆÔÑÑÏØØÙÉÎØÏÊÈËØÉÕÜÉÜÇØËÛÜÉÔÐËØÚÎËÙ ÔÏÚÑÈÙØÊÉÕØÉØÊÉÔÐÎÏÄÜÏÙØÇÔÙØÏÚØÈÍÎÏÆÕÔÚÕÉÕØÜÍÍØÜÑÔÊÛÜÊØÙ éÕØúÔÉÄÏØÔÉÕØËÍËÎÇÔÙØÊÏÎËÍËØÍÜËØÊÊÈÚÕËØÚÎËÙ éÕØúÔÉÄÆÔÑÑ×ÈËÏÔÊÕÜÈÅÔÑÔÜËÄÜÔÙÊÜÏÙÊØËÇÔÚØÊÉÎÜ××ÎËÙÜÏ íÕÎÏØ ÔÏÙÔÇÔÙÈÜÑÆÔÉÕÜÙÔÊÜÛÔÑÔÉÄÜÏÎÍÍÎËÉÈÏÔÉÄÉÎÍÜËÉÔÚÔÍÜÉØÔÏÜÏÙ ÷ÜÅ ØÏÓÎÄÉÕØÛØÏØ×ÔÉÊÎ×ÜÊØËÇÔÚØÍËÎÖËÜÐÎËÜÚÉÔÇÔÉÄÚÎÏÙÈÚÉØÙ ÛÄÉÕØúÔÉÄúÎÏÉÜÚÉùÎÈÖêÐÔÉÕÜÉ ÕÎÈËÊÍËÔÎËÉÎ ÉÕØØÇØÏÉÔÏÎËÙØË×ÎËÉÕØúÔÉÄÉÎÜÚÚÎÐÐÎÏÙÜÉØÄÎÈËËØÌÈØÊÉ üÙÜÍÉÔÇØÑÔÊÉØÏÔÏÖÙØÇÔÚØÊÜËØÜÇÜÔÑÜÛÑØ×ÎËÐØØÉÔÏÖÊÔÏÉÕØ úÎÐÐÔÊÊÔÎÏúÕÜÐÛØËÊ ëøöèñüëðøøéôïöüöøïùü ëîññúüññ ôïçîúüéôîï íñøùöøî÷üññøöôüïúøéîéõø÷ñüö üöøïùüüííëîçüñ üííëîçüñî÷ðôïèéøê óÜÏÈÜËÄ §ëØÖÈÑÜËðØØÉÔÏÖ ü íëîúñüðüéôîïê üïîïø íëøêøïéüéôîïê êíôëôéêØËÇÔÚØíØË×ÎËÐÜÏÚØôÏÉØÖËÔÉÄëØÊÍÎÏÊÔÛÔÑÔÉÄôÏÏÎÇÜÉÔÎÏéØÜÐÆÎËÒúÎÐÐÔÉÉØØ ü ìÈÜËÉØËÑÄüÆÜËÙÊíËØÊØÏÉÜÉÔÎÏ ãÔÎÏêÉÈÙÄúÔËÚÑØöËÎÈÍ¦êÕØÑÑÄæØÔÑ û úîïêøïéüöøïùü úÔÉÄðÜÏÜÖØËëØÚÎÐÐØÏÙÊüÍÍËÎÇÜÑ ëüéô÷ôúüéôîïî÷ôïéøëñîúüñüöëøøðøïéüïùüííëîçüñî÷éøðíîëüëä ü úîïêéëèúéôîïøüêøðøïéúôéäî÷ûîäïéîïûøüúõêîèéõúøïéëüñëøöôîïüñ æüêéøðüéøëéëøüéðøïéüïùùôêíîêüñûîüëùüÍÍËÎÇØÜÏÙËÜÉÔ×ÄÜÏôÏÉØËÑÎÚÜÑ üÖËØØÐØÏÉÛØÉÆØØÏÉÕØêÎÈÉÕúØÏÉËÜÑëØÖÔÎÏÜÑæÜÊÉØÆÜÉØËéËØÜÉÐØÏÉÜÏÙùÔÊÍÎÊÜÑûÎÜËÙ êúëæéùûÜÏÙÉÕØúÔÉÄÎ×ûÎÄÏÉÎÏûØÜÚÕÆÕÔÚÕÜÑÑÎÆÊ×ÎËÚÎÏÊÉËÈÚÉÔÎÏÜÏÙÉËÜÏÊ×ØËËÔÏÖ ÎÆÏØËÊÕÔÍÎ×ÜËØÖÔÎÏÜÑ×ÎËÚØÐÜÔÏÜÏÙÜÍÍËÎÇØÜéØÐÍÎËÜËÄúÎÏÊÉËÈÚÉÔÎÏøÜÊØÐØÏÉÛØÉÆØØÏÉÕØ úÔÉÄÜÏÙÉÕØúÔÉÄÎ×ûÎÄÏÉÎÏûØÜÚÕ ÷ôïüñêèûùôçôêôîïíñüéüííëîçüñúøïéëøêùøñëüäûøüúõüÍÍËÎÇØÜ×ÔÏÜÑ û ÊÈÛÙÔÇÔÊÔÎÏÍÑÜÉ×ÎËúØÏÉËØÊùØÑËÜÄûØÜÚÕÜÉÆÎÑÎÉËØÉÜÔÑÊÔÉØÜÊÊÎÚÔÜÉØÙÆÔÉÕÜÍËÎÍÎÊØÙúçê ÉÕ íÕÜËÐÜÚÄùØÇØÑÎÍÐØÏÉÑÎÚÜÉØÙÛØÉÆØØÏïøüÇØÏÈØÏÎËÉÕÛÎÈÏÙ÷ØÙØËÜÑõÔÖÕÆÜÄÜÏÙïø ÉÕÉÕ üÇØÏÈØÊÎÈÉÕÛÎÈÏÙ÷ØÙØËÜÑõÔÖÕÆÜÄÊÎÈÉÕÎ×ïøêÉËØØÉöØÎËÖØûÈÊÕûÎÈÑØÇÜËÙ ëøêîñèéôîïïî üûüïùîïðøïéî÷ëôöõéî÷æüäüÍÍËÎÇØÜÏÙÜÙÎÍÉ ú ÉÕ ëØÊÎÑÈÉÔÎÏïÎ ÜÛÜÏÙÎÏÔÏÖÜÍÎËÉÔÎÏÎ×ÉÕØïøüÇØÏÈØÏÎËÉÕÛÎÈÏÙ÷ØÙØËÜÑõÔÖÕÆÜÄ ËÔÖÕÉÎ×ÆÜÄÔÏÚÎÏÓÈÏÚÉÔÎÏÆÔÉÕÉÕØúØÏÉËØÊùØÑËÜÄûØÜÚÕÍÑÜÉúçêíÕÜËÐÜÚÄÊÔÉØÑÎÚÜÉØÙÜÉ ÉÕÉÕ ÉÕØÏÎËÉÕÆØÊÉÚÎËÏØËÎ×ïøêÉËØØÉÜÏÙïøüÇØÏÈØ êéëøøéñôöõéôïöüöëøøðøïé÷ñîëôùüíîæøëñôöõéúîðíüïäüÍÍËÎÇØÜÏÙ ù ÜÈÉÕÎËÔÃØÉÕØØÅØÚÈÉÔÎÏÎ×ÜêÉËØØÉñÔÖÕÉÔÏÖüÖËØØÐØÏÉÆÔÉÕ÷ÑÎËÔÙÜíÎÆØËñÔÖÕÉúÎÐÍÜÏÄ ÷íñÔÏÉÕØÜÐÎÈÏÉÎ× ×ÎËÉÕØËØÐÎÇÜÑÎ×ÉÆØÏÉÄ×ÎÈË ÚÎÏÚËØÉØÑÔÖÕÉÍÎÑØÊÎÏ üÉÑÜÏÉÔÚüÇØÏÈØÛØÉÆØØÏêæ ÉÕüÇØÏÈØÜÏÙêæÉÕüÇØÏÈØ÷ÈÏÙÔÏÖÍËÎÇÔÙØÙÛÄÉÕØ úÎÐÐÈÏÔÉÄëØÙØÇØÑÎÍÐØÏÉüÖØÏÚÄúëü úîïéëüúéîëíëøìèüñô÷ôúüéôîïíëîúøùèëøüÍÍËÎÇØÉÕØÔÐÍÑØÐØÏÉÜÉÔÎÏÎ×Ü ø úÎÏÉËÜÚÉÎËíËØÌÈÜÑÔ×ÔÚÜÉÔÎÏíËÎÚØÙÈËØÆÕÔÚÕÆÎÈÑÙËØÌÈÔËØÚÎÏÉËÜÚÉÎËÊÉÎÛØÚÎÐØÍËØÌÈÜÑÔ×ÔØÙ ÆÔÉÕÉÕØúÔÉÄÛØ×ÎËØÉÕØÄÆÎÈÑÙÛØÜÑÑÎÆØÙÉÎÊÈÛÐÔÉÛÔÙÊÎÏÚØËÉÜÔÏÉÄÍØÊÎ×ÚÎÏÊÉËÈÚÉÔÎÏÍËÎÓØÚÉÊ öëüïéüöëøøðøïéüïùüðøïùðøïéïî éîìèüñôéäéëüïêíîëé ÷ üöëøøðøïéùîæïéîæïëîèïùüûîèéêõèééñøüÍÍËÎÇØÜÏÙÜÈÉÕÎËÔÃØÉÕØðÜÄÎËÉÎ ØÅØÚÈÉØÜöËÜÏÉüÖËØØÐØÏÉÆÔÉÕíÜÑÐûØÜÚÕúÎÈÏÉÄ×ÎËÉÕØÜÚÚØÍÉÜÏÚØÎ××ÈÏÙÊÔÏÜÏÜÐÎÈÏÉÏÎÉ ÉÎØÅÚØØÙ ÎÇØËÜÉÕËØØ ÜÏÙÉÎØÅØÚÈÉØüÐØÏÙÐØÏÉïÎ ÉÎÉÕØ üÖËØØÐØÏÉÆÔÉÕìÈÜÑÔÉÄéËÜÏÊÍÎËÉêØËÇÔÚØÊôÏÚ×ÎËØÅÍÜÏÊÔÎÏÎ×ÉÕØùÎÆÏÉÎÆÏëÎÈÏÙÜÛÎÈÉ êÕÈÉÉÑØëÎÈÉØ ü ðøðîëüïùèðî÷èïùøëêéüïùôïöíüñðûøüúõúîèïéäñüæøï÷îëúøðøïé ö øåúõüïöøüÍÍËÎÇØÜðØÐÎËÜÏÙÈÐÎ×èÏÙØËÊÉÜÏÙÔÏÖÆÔÉÕÑÜÆØÏ×ÎËÚØÐØÏÉÜÖØÏÚÔØÊÔÏíÜÑÐ ûØÜÚÕúÎÈÏÉÄÆÕÎÍÜËÉÔÚÔÍÜÉØÔÏÜÏÔÏ×ÎËÐÜÉÔÎÏÊÕÜËÔÏÖÔÏÔÉÔÜÉÔÇØÒÏÎÆÏÜÊÉÕØñÜÆøÏ×ÎËÚØÐØÏÉ øÅÚÕÜÏÖØñøå üðøïùðøïéïîéëôíüëéäîíøëüéôïöüöëøøðøïéðôëüúñøñøüöèø õ ÷ôøñùüÍÍËÎÇØüÐØÏÙÐØÏÉïÎÉÎÉÕØéËÔíÜËÉÄîÍØËÜÉÔÏÖüÖËØØÐØÏÉÛØÉÆØØÏÉÕØúÔÉÄ ðÔËÜÚÑØñØÜÖÈØÎ×ùØÑËÜÄûØÜÚÕôÏÚÜÏÙüÏÉÕÎÏÄçíÈÖÑÔØÊØôôôÉÎØÅÉØÏÙÉÕØÉØËÐÉÎÚÎÐÍÑØÉØ ÚÎÏÊÉËÈÚÉÔÎÏ×ËÎÐÉÆÎÄØÜËÊÉÎ×ÎÈË ÄØÜËÊ×ËÎÐÉÕØØÅØÚÈÉÔÎÏÎ×ÉÕØüÖËØØÐØÏÉ ëøôðûèëêøðøïéüöëøøðøïéðôëüúñøñøüöèøî÷ùøñëüäûøüúõôïúüÍÍËÎÇØ ô ÜëØÔÐÛÈËÊØÐØÏÉüÖËØØÐØÏÉÛØÉÆØØÏÉÕØúÔÉÄÜÏÙðÔËÜÚÑØñØÜÖÈØÎ×ùØÑËÜÄûØÜÚÕôÏÚÔÏÉÕØ ÜÐÎÈÏÉÎ× ×ÎËÚÎÏÊÉËÈÚÉÔÎÏÚÎÊÉÊÎ×ÉÕØðÔËÜÚÑØñØÜÖÈØ÷ÔØÑÙ üïüñäêôêî÷ôðíøùôðøïéêéî÷üôëõîèêôïöúõîôúøùøíüëéðøïéî÷õîèêôïö ó üïùèëûüïùøçøñîíðøïéüÍÍËÎÇØÉÕØüÏÜÑÄÊÔÊÎ×ôÐÍØÙÔÐØÏÉÊÉÎ÷ÜÔËõÎÈÊÔÏÖúÕÎÔÚØ üôËØÌÈÔËØÙÛÄÉÕØèÏÔÉØÙêÉÜÉØÊõÎÈÊÔÏÖèËÛÜÏùØÇØÑÎÍÐØÏÉùØÍÜËÉÐØÏÉõèù×ÎË ÈÉÔÑÔÃÜÉÔÎÏÎ××ØÙØËÜÑÖËÜÏÉ×ÈÏÙÊ éøðíîëüëäíüëòôïöèêøéøëðôïüéôîïíôïøüííñøöëîçø ò ñéùüÈÉÕÎËÔÃØÊÈÛÐÔÉÉÔÏÖÏÎÉÔ×ÔÚÜÉÔÎÏÉÎíÔÏØÜÍÍÑØöËÎÇØñéùÎÆÏØËÊÎ×ÉÕØÇÜÚÜÏÉÍËÎÍØËÉÄ ÑÎÚÜÉØÙÜÉ ïø ÊÉêÉËØØÉÉÕÜÉÉÕØúÔÉÄÕÜÊÇÜÚÜÉØÙÉÕØÍËÎÍØËÉÄÜÏÙÆÔÑÑÏÎÑÎÏÖØËÈÊØÔÉ ×ÎËÉØÐÍÎËÜËÄÍÜËÒÔÏÖ ùîïüéôîïúîððèïôéäïøôöõûîëõîîùõøñíôïöôïúüÍÍËÎÇØÙÎÏÜÉÔÎÏÎ×ÉÆÎ ñ ÈÊØÙúÔÉÄúËÎÆÏçÔÚÉÎËÔÜÚÜËÊÉÎúÎÐÐÈÏÔÉÄïØÔÖÕÛÎËÕÎÎÙõØÑÍÔÏÖôÏÚ éõ ð üúúøíéüïúøî÷ëôöõéî÷æüäùøùôúüéôîïêæüçøïèøüÍÍËÎÇØÜÏÙÜÚÚØÍÉÜ ËÔÖÕÉÎ×ÆÜÄÙØØÙÛØÉÆØØÏÉÕØúÔÉÄÜÏÙúÜËÎÑÄÏäÎÈÏÖ×ÎËÍËÎÍØËÉÄÑÎÚÜÉØÙÜÑÎÏÖÉÕØØÜÊÉÊÔÙØÎ× ÉÕ êæüÇØÏÈØ ÉÕ ï êíøúôüñøçøïéëøìèøêé üïïèüññäðíõîðüéõîïòæüñòüÍÍËÎÇØÜÊÍØÚÔÜÑ ÉÕ ØÇØÏÉËØÌÈØÊÉÉÎØÏÙÎËÊØÉÕØ üÏÏÈÜÑñÄÐÍÕÎÐÜÉÕÎÏòæÜÑÒÉÎÛØÕØÑÙÎÏêÜÉÈËÙÜÄðÜËÚÕ ÛØÖÔÏÏÔÏÖÜÉ ÜÍÍËÎÅÔÐÜÉØÑÄ ÜÐÉÎÖËÜÏÉÜÉØÐÍÎËÜËÄ ÈÊØÍØËÐÔÉÍØËñùëêØÚÉÔÎÏ ÷×ÎËÉÕØÈÊØÎ×üÏÚÕÎËíÜËÒÜÏÙÉÕØÊÔÙØÆÜÑÒÊÜÑÎÏÖü üÉÎ ÜÈÉÕÎËÔÃØÊÉÜ××ÊÈÍÍÎËÉ×ÎËÉËÜ××ÔÚÚÎÏÉËÎÑÜÏÙÉÎÆÜÔÇØÍÜËÒÔÏÖ×ØØÊÔÏÉÕØüÏÚÕÎËíÜËÒÑÎÉ×ËÎÐ ÜÐÉÎÜÍÍËÎÅÔÐÜÉØÑÄ ÜÐÚÎÏÉÔÏÖØÏÉÈÍÎÏÉÕØËØÚØÔÍÉÎ×ÜÕÎÑÙÕÜËÐÑØÊÊÜÖËØØÐØÏÉ ÜÏÙÚØËÉÔ×ÔÚÜÉØÎ×ØÇØÏÉÑÔÜÛÔÑÔÉÄÔÏÊÈËÜÏÚØ ëøçôøæî÷üííøüñüûñøñüïùùøçøñîíðøïéûîüëùüúéôîïêüÚÚØÍÉÉÕØÜÚÉÔÎÏÊ î ÜÏÙÙØÚÔÊÔÎÏÊÐÜÙØÛÄÉÕØñÜÏÙùØÇØÑÎÍÐØÏÉûÎÜËÙÊ×ÎËÉÕØÍØËÔÎÙóÜÏÈÜËÄ ÉÕËÎÈÖÕ óÜÏÈÜËÄ üæüëùî÷ûôùêüïùúîïéëüúéê í úÎÏÉËÜÚÉÜÆÜËÙÉÎúÎÏêØËÇûÈÔÑÙÔÏÖêØËÇÔÚØÊÔÏÉÕØÜÐÎÈÏÉÎ× ×ÎËúÔÉÄõÜÑÑõçüú êÄÊÉØÐÊËØÍÜÔË÷ÈÏÙÔÏÖÔÊÜÇÜÔÑÜÛÑØ×ËÎÐ öØÏØËÜÑúÎÏÊÉËÈÚÉÔÎÏ ÷ÈÏÙîÉÕØËðÜÚÕÔÏØËÄøÌÈÔÍÐØÏÉ úÎÏÉËÜÚÉÜÆÜËÙÉÎíËÔÊÉÔÏØæÜÉØËêÎÑÈÉÔÎÏÊÔÏÜÏØÊÉÔÐÜÉØÙÜÐÎÈÏÉÎ× ×ÎËÉÕØ ËØÐÜÔÏÙØËÎ×÷ä ×ÎËÉÕØÍÈËÚÕÜÊØÜÏÙÙØÑÔÇØËÄÎ×íÎÑÄíÕÎÊÍÕÜÉØÜÉ ÍØËÍÎÈÏÙ ÷ÈÏÙÔÏÖÔÊÜÇÜÔÑÜÛÑØ×ËÎÐ æÜÉØËÜÏÙêØÆØË÷ÈÏÙîÍØËÜÉÔÏÖ êÈÍÍÑÔØÊúÕØÐÔÚÜÑÊ úÎÏÉËÜÚÉÜÆÜËÙÉÎûØÚÒ«ÊéÎÆÔÏÖëØÚÎÇØËÄôÏÚÆÔÉÕÜÏÏÈÜÑ×ËÜÏÚÕÔÊØ×ØØÊÉÎÛØÍÜÔÙÉÎÉÕØ úÔÉÄÔÏÉÕØÜÐÎÈÏÉÎ× ×ÎËÆËØÚÒØËÉÎÆÔÏÖÊØËÇÔÚØÊ×ÎËÉÕØíÎÑÔÚØùØÍÜËÉÐØÏÉ ëøöèñüëüöøïùü æüôçøëëøìèøêéíèöñôøêøî÷÷ôúøûèôñùôïöúÎÏÊÔÙØËÜËØÌÈØÊÉ×ÎËÆÜÔÇØËÎ×ñÜÏÙ ü ùØÇØÑÎÍÐØÏÉëØÖÈÑÜÉÔÎÏÊñùëêØÚÉÔÎÏ øªùØÊÔÖÏêÉÜÏÙÜËÙÊðÜÉËÔÅ©×ÎËÊÔÖÏÊÎÏÉÕØ íÈÖÑÔØÊØî××ÔÚØûÈÔÑÙÔÏÖÑÎÚÜÉØÙÜÉ íÈÖÑÔØÊØæÜÄ ìÈÜÊÔóÈÙÔÚÔÜÑõØÜËÔÏÖ æüôçøëëøìèøêéæîëéõôïöíñüúøúÎÏÊÔÙØËÜËØÌÈØÊÉÉÎÆÜÔÇØñÜÏÙùØÇØÑÎÍÐØÏÉ û ëØÖÈÑÜÉÔÎÏÊñùëêØÚÉÔÎÏ ªöØÏØËÜÉÎËÊ©ÉÎÜÑÑÎÆÖØÏØËÜÉÎËÊÉÎÎÍØËÜÉØÉÕØ×ÈÑÑ ÚÜÍÜÚÔÉÄÎ×ÉÕØØÌÈÔÍÐØÏÉÛØÔÏÖÊØËÇØÙ×ÎËÜËØÙÈÚØÙÍØËÔÎÙÏÎÉÑØÊÊÉÕÜÏ×ÎËÉÄØÔÖÕÉ ÕÎÈËÊ×ÎË ÉÕØÍËÎÍØËÉÄÑÎÚÜÉØÙÊÎÈÉÕÎ×üÉÑÜÏÉÔÚüÇØÏÈØÔÐÐØÙÔÜÉØÑÄÊÎÈÉÕÎ×æÎËÉÕÔÏÖíÜËÒÛØÉÆØØÏêø ÊÉÏÙ ÜÏÙüÇØÏÈØÊ ìÈÜÊÔóÈÙÔÚÔÜÑõØÜËÔÏÖ êôéøíñüïøåéøïêôîïëøìèøêéëîûîéôúêíüúøêüçøëêúÎÏÊÔÙØËÜËØÌÈØÊÉÉÎØÅÉØÏÙ ú ÉÕØÊÔÉØÍÑÜÏÆÔÉÕêüùêÍØÚÔÜÑüÚÉÔÇÔÉÔØÊùÔÊÉËÔÚÉÜÍÍËÎÇÜÑÉÎÚÎÏÊÉËÈÚÉÜÊØÑ×ÊÉÎËÜÖØ×ÜÚÔÑÔÉÄ×ÎË ëÎÛÎÉÔÚêÍÜÚØêÜÇØËÊÑÎÚÜÉØÙÎÏÉÕØÊÎÈÉÕÆØÊÉÚÎËÏØËÎ×ðÔÑÔÉÜËÄéËÜÔÑÜÏÙúÎÏÒÑÔÏùËÔÇØ ìÈÜÊÔ óÈÙÔÚÔÜÑõØÜËÔÏÖ îñùêúõîîñêìèüëøíüëòíõüêøîïø÷ôïüñùøêôöïöñüééôïöóüúòêîï ù òøëúõøëüïöñôïôïúúÎÏÊÔÙØËÜÍÍËÎÇÜÑÎ×ÜÍËÎÍÎÊÜÑ×ËÎÐöÑÜÉÉÔÏÖóÜÚÒÊÎÏòØËÚÕØË üÏÖÑÔÏôÏÚÔÏÉÕØÜÐÎÈÏÉÎ× ×ÎËÍËÎ×ØÊÊÔÎÏÜÑÊØËÇÔÚØÊËØÑÜÉØÙÉÎÉÕØ×ÔÏÜÑÙØÊÔÖÏÎ×ÉÕØ îÑÙêÚÕÎÎÑêÌÈÜËØíÜËÒíÕÜÊØîÏØÍËÎÓØÚÉ÷ÈÏÙÔÏÖÔÊÜÇÜÔÑÜÛÑØ×ËÎÐ öØÏØËÜÑúÎÏÊÉËÈÚÉÔÎÏ÷ÈÏÙôÐÍËÎÇØÐØÏÉÊîÉÕØËîÑÙêÚÕÎÎÑêÌÈÜËØíÜËÒôÐÍËÎÇØÐØÏÉÊ ëøùñôöõéúüðøëüçøïùîëêøñøúéôîïíËÎÇÔÙØÙÔËØÚÉÔÎÏËØÖÜËÙÔÏÖëØÙñÔÖÕÉúÜÐØËÜ ø çØÏÙÎËêØÑØÚÉÔÎÏ êøééñøðøïéî÷÷øëôïêõüëðüë÷ëüïòñäïÇúôéäî÷ùøñëüäûøüúõúÎÏÊÔÙØËÜ ÷ êØÉÉÑØÐØÏÉî××ØËÔÏÉÕØÉÎÉÜÑÜÐÎÈÏÉÎ× ÔÏêÕÜËÐÜË÷ËÜÏÒÑÄÏÇúÔÉÄÎ×ùØÑËÜÄûØÜÚÕ êÉÜ××ËØÚÎÐÐØÏÙÊÜÍÍËÎÇÜÑÊÈÛÓØÚÉÉÎÉÕØËØÚØÔÍÉÎ×ÉÕØÜÍÍËÎÍËÔÜÉØËØÑØÜÊØÊ êíøúôüñðøøéôïöùüéøôïùøíøïùøïéëøçôøæíøëêîïêØÉÉÔÏÖÜÊÍØÚÔÜÑÐØØÉÔÏÖÙÜÉØ ö ×ÎËÉÕØÊØÑØÚÉÔÎÏÎ×ÜÍØËÊÎÏÉÎÚÎÏÙÈÚÉÔÏÙØÍØÏÙØÏÉËØÇÔØÆÎ×úÔÉÄÛÎÏÙÔÏÖÍËÎÚØÙÈËØÊÍËÜÚÉÔÚØÊ ÜÏÙÚÎÐÐÈÏÔÚÜÉÔÎÏÍËÜÚÉÔÚØÊ üííîôïéðøïééîéõøúîùøøï÷îëúøðøïéûîüëùüÍÍÎÔÏÉÎÏØ ËØÖÈÑÜËÐØÐÛØËÉÎ õ ÉÕØúÎÙØøÏ×ÎËÚØÐØÏÉûÎÜËÙ×ÎËÜÉÕËØØ ÐØÏÙÔÏÖóÜÏÈÜËÄ ûÜÊØÙÈÍÎÏÉÕØ ËÎÉÜÉÔÎÏÊÄÊÉØÐÉÕØÜÍÍÎÔÏÉÐØÏÉÆÔÑÑÛØÐÜÙØÛÄúÎÐÐÔÊÊÔÎÏØË÷ØÉÃØËêØÜÉ 13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS: A. City Manager B. City Attorney C. City Commission JANUARY 6, 2009 A Regular Meeting of the City Commission of the City of Delray Beach, Florida, was called to order by Vice Mayor McDuffie in the Commission Chambers at City Hall at 6:00 p.m., Tuesday, January 6, 2009. 1. Roll call showed: Present - Commissioner Gary Eliopoulos Vice Mayor Woodie McDuffie Commissioner Mackenson Bernard Absent - Mayor Rita Ellis Commissioner Fred Fetzer Also present were - David T. Harden, City Manager Terrill Pyburn, Assistant City Attorney Susan A. Ruby, City Attorney Chevelle D. Nubin, City Clerk 2. The opening prayer was delivered by Reverend Kathleen Gannon with St. Paul's Episcopal Church. 3. The Pledge of Allegiance to the flag of the United States of America was given. 4. AGENDA APPROVAL. The City Attorney stated there is a revised Board Order for Item 9.A., Waiver Request/S.W. 14th Avenue. The City Attorney suggested that Item 9.B., Waiver Reguest/Pu~liese Office Building and Item 9.C., Waiver Reguest/Worthin~ Place be postponed to the meeting of January 20, 2009. Mr. Eliopoulos requested that Item 8.C., Supplemental Consulting Services Agreement/Glatting Jackson Kercher Anglin, Inc./Old School Square Park of the Consent Agenda be moved to the Regular Agenda as Item 9.A.A., Item 8.E., Contract Closeout (C.O. No. 1/FINAL) West Construction, Inc./Fire-Rescue Station No. 4 of the Consent Agenda be moved to the Regular Agenda as Item 9.A.A.A., and Item 8.G., Resolution No. 01-09/Alternative Water Supply Grant/South Florida Water Management District (SFWMD) of the Consent Agenda be moved to the Regular Agenda as Item 9.A.A.A.A. Mr. Eliopoulos moved to approve the Agenda as amended, seconded by Mr. Bernard. Upon roll call the Commission voted as follows: Vice Mayor McDuffie - Yes; Mr. Bernard -Yes; Mr. Eliopoulos -Yes. Said motion passed with a 3 to 0 vote. O 1 /06/09 5. APPROVAL OF MINUTES: Mr. Eliopoulos moved to approve the Minutes of the Regular Meeting of December 2, 2008, seconded by Mr. Bernard. Upon roll call the Commission voted as follows: Mr. Bernard -Yes; Mr. Eliopoulos -Yes; Vice Mayor McDuffie -Yes. Said motion passed with a 3 to 0 vote. Mr. Bernard moved to approve the Minutes of the Regular Meeting of December 9, 2008, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mr. Eliopoulos -Yes; Vice Mayor McDuffie -Yes; Mr. Bernard -Yes. Said motion passed with a 3 to 0 vote. 6. PROCLAMATIONS: 6.A. Martin Luther King, Jr. Day - January 19, 2009 Vice Mayor McDuffie read and presented a proclamation hereby proclaiming January 19, 2009 as Martin Luther King, Jr. Day in the City of Delray Beach. Lillie Strainge came forward to accept the proclamation and gave a few brief comments. 6.B. Recognizing and Commending the Delray Rocks Football and Cheerleading Squads Vice Mayor McDuffie read and presented a proclamation hereby recognizing and commending 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. Linda Karch, Parks & Recreation Director and David Ricks, Recreation Supervisor IV came forward to accept the proclamation and gave a few brief comments. 7. PRESENTATIONS: 7.A. None 8. CONSENT AGENDA: City Manager Recommends Approval. 8.A. WATER AND SANITARY SEWER EASEMENT AGREEMENT/WALMART: Approve an easement agreement for water and sanitary sewer lines associated with the renovation of the Walmart store located at 16205 S. Military Trail. -2- O 1 /06/09 8.B. HOLD HARMLESS AGREEMENT/NEW CENTURY LINTON ONE, LLC: Approve and authorize execution of a Hold Harmless Agreement between the City and New Century Linton One, LLC for improvements placed within a utility easement located at 500 Linton Boulevard. 8.C. THIS ITEM HAS BEEN MOVED TO THE REGULAR AGENDA AS ITEM 9.A.A. 8.D. REIMBURSEMENT/FLORIDA EAST COAST RAILROAD (FEC)/S.E. 10 STREET: Approve a request to reimburse Florida East Coast Railroad (FEC) in the amount of $36,743.81 for the reconstruction of the S.E. 10th Street crossing. Funding is available in 334-3162-541-46.90 (General Construction Fund/Repair & Maint. Services/Other Repair/Maint. Costs). 8.E. THIS ITEM HAS BEEN MOVED TO THE REGULAR AGENDA AS ITEM 9.A.A.A. 8.F. CONTRACT ADDITION (C.O. NO.1)/DELTA PETROLEUM & INDUSTRIAL, INC.: Approve a Contract Addition (C.O. No. 1) in the amount of $15,229.00 to Delta Petroleum & Industrial, Inc. for connecting the recently installed emergency generator at the Police Department to the existing underground diesel tank. Funding is available from 334-6112-522-64.90 (General Construction Fund/Machinery/Equipment/Other Machinery/Equipment). 8.G. THIS ITEM HAS BEEN MOVED TO THE REGULAR AGENDA AS ITEM 9.A.A.A.A. 8.H. AMENDMENT NO. 2 TO AGREEMENT WITH PALM BEACH COUNTY/EXTENSION OF MANGO DRIVE AND S. W. 7t'' AVENUE: Approve Amendment No. 2 to the Agreement between the City and Palm Beach County to extend the deadline to May 31, 2009 for the extension of Mango Drive and S.W. 7th Avenue through the Disaster Recovery Initiative (DRI) Program. 8.I. COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) SUB- RECIPIENT FUNDING AGREEMENT/ACHIEVEMENT CENTERS FOR CHILDREN AND FAMILIES: Approve and authorize the execution of the funding agreement with one (1) sub-recipient (Community Childcare Center d/b/a Achievement Centers for Children and Families) under the Community Development Block Grant (CDBG) program for FY 2008-2009 Annual Action Plan, with the total funding in an amount not to exceed $80,000.00. Funding is available from 118-1966-554-82.09 (Neighborhood Services/Aid to Private Organ./Child Care Center). 8.J. COMMUNITY DEVELOPMENT BLOCK GRANT (CDBGI SUB- RECIPIENT FUNDING AGREEMENT/FAIR HOUSING CENTER OF THE GREATER PALM BEACHES: Approve and authorize the execution of the funding agreement with one (1) sub-recipient (Fair Housing Center of the Greater Palm Beaches, Inc.) under the Community Development Block Grant (CDBG) program for FY 2008- -3- O 1 /06/09 2009 Annual Action Plan, with total funding in an amount not to exceed $5,000.00. Funding is available from 118-1961-554-49.17 (Neighborhood Services/Other Current Charges/Promotion of Fair Housing). 8.K COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) SUB- RECIPIENT FUNDING AGREEMENT/URBAN LEAGUE OF PALM BEACH COUNTY: Approve and authorize the execution of a funding agreement with one (1) sub-recipient (the Urban League of Palm Beach County, Inc.) under the CDBG program for FY 2008-2009, with total funding in an amount not to exceed $6,500.00. Funding is available from 118-1966-554-83.01 (Community Development Fund/Other Grants and Aids). 8.L. FUNDING AGREEMENT/PALM BEACH COUNTY/DELRAY DIVAS STEP TEAMS AND DELRAY DIAMONDS AND PEARLS DANCE TEAM: Approve and accept an agreement between the City and Palm Beach County for the Recreation Assistance Program (RAP) District 7 to reimburse the City in an amount not to exceed $5,000.00 for the Delray Divas Step Teams and Delray Diamonds and Pearls Dance Team for eligible expenses incurred between January 1 and October 1, 2009. 8.M. PALM BEACH COUNTY EMERGENCY MEDICAL SERVICES GRANT: Approve and accept a Palm Beach County Emergency Medical Services (EMS) Grant in the amount of $43,880.00; and authorize staff to submit a letter of confirmation to the Palm Beach County Division of Emergency Management to officially accept the grant award and the State and County grant requirements. 8.N. SPECIAL EVENT REQUEST/HOWARD ALAN 12th ANNUAL WINTER STREET CRAFT FESTIVAL: Approve a special event request to endorse the 12t Annual Delray Beach Winter Street Craft Festival to be held on February 28 and March 1, 2009 from 10:00 a.m. - 5:00 p.m.; including a temporary use permit per LDR Section 2.4.6(F) for use of N.E./S.E. 4th Avenue, one block north south of Atlantic Avenue as well as the north end of Hand's parking lot for vendor parking; and to authorize staff support for security and traffic control with the event sponsor paying all overtime costs, and to permit an event sign to be erected on Atlantic Avenue just east of I-95, 10 days prior to the event. 8.0. SPECIAL EVENT REQUEST/ART & JAZZ ON THE AVENUE: Approve a special event request to endorse the 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 Avenue to the west side of N.E./S.E. 7th Avenue, Railroad Avenue from Atlantic Avenue north to the north side of the east/west alley, and to the alleys north and south of Atlantic on N.E./S.E. 1st Avenue, N.E./S.E. 2nd Avenue, S.E. 3rd Avenue, N.E./S.E. 4th Avenue; and to authorize staff support for security and traffic control, banner hanging and removal, barricade set up and removal, trash removal and clean up; contingent on the receipt of an updated certificate of liability insurance. -4- O 1 /06/09 8.P. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period December 8, 2008 through January 2, 2009. 8~. AWARD OF BIDS AND CONTRACTS: 1. Purchase award to Petroleum Traders Corporation in the amount of $375,000.00 for the purchase and delivery of gasoline and SMF Energy Corporation in the amount of $200,000.00 for the purchase and delivery of diesel fuel (Ultra Low Sulfur No. 2), via the Florida State Contract #405-000-04-1. Funding is available from 501-3311-591-52.51 (Garage Fund/Operating Supplies/CG Inventory-Fuel). Mr. Eliopoulos moved to approve the Consent Agenda as amended, seconded by Mr. Bernard. Upon roll call the Commission voted as follows: Vice Mayor McDuffie -Yes; Mr. Bernard -Yes; Mr. Eliopoulos -Yes. Said motion passed with a 3 to 0 vote. 9. REGULAR AGENDA: 9.A.A. SUPPLEMENTAL CONSULTING SERVICES AGREEMENT/GLATTING JACKSON KERCHER ANGLIN, INC./OLD SCHOOL SQUARE PARK: Approve a Supplemental Consulting Services Agreement with Glatting Jackson Kercher Anglin, Inc., in an amount not to exceed $23,700 for supplemental consulting services requested by staff relative to the Old School Square Park project. Funding is available from 334-4151-572-63.59 (General Construction Fund/Improvements Other/Old School Square Park Improvements). Richard Hasko, Director of Environmental Services, stated this item is a request for Commission consideration of a supplemental agreement with Glatting Jackson Kercher Anglin, Inc. and has to do with the Old School Square Park improvements. Mr. Hasko stated staff met with Glatting Jackson Kercher Anglin, Inc. on the project to develop and refine our scope for the Phase I design scope for their contract. He stated in discussions staff identified a number of things that needed to happen either prior to or in conjunction with the design of the project. Staff requested proposals from Glatting Jackson Kercher Anglin, Inc. for that work and there are basically three tasks. The first is not to exceed $9,500.00 on an hourly basis was to update the FCT Grant documents. Mr. Hasko stated we now have an approved Master Plan that has shifted some things around that they had not seen. He stated essentially the whole document has to be reviewed and any revisions that the Master Plan has effect on the document has to actually be made in the document and provided with the Master Plan and show them where all of the elements that were required in the FCT Grant are going to go. Mr. Hasko stated it is basically an entire update of that document. Staff did not feel comfortable doing that in- house because of the technical aspects involved with it. Mr. Hasko stated the other two items have to do with funding. He stated City staff spoke with the Old School Square staff and agreed that it was very important that we had some vital exhibits as well as -5- O 1 /06/09 some ballpark costs for the components that are shown in the Master Plan in future phases so that Old School Square staff could begin to use those materials to solicit sponsorships and get the word out about the project to hopefully advance availability of funding so that staff could move on with the project after Phase I. One of those was the preparation of a brochure of a graphic illustration in several perspectives of the project. Mr. Hasko stated the other one was the preparation of the actual estimated cost of individual components that would match the brochure. Mr. Hasko stated those were proposed for $6,700.00 and $7,500.00; and the total proposal amount is $23,000.00. Mr. Eliopoulos stated at the last presentation it appeared that the stakeholders were pleased with what they saw. Mr. Eliopoulos asked Mr. Hasko if he has anything in his hands now. Mr. Hasko stated staff has what the Commission saw at the last meeting (both in electronic form and the visual boards). Mr. Eliopoulos stated the way he interpreted it the last time was they were going to give what the stakeholders would be happy with and we got that. At that point, Mr. Eliopoulos stated he thought the next step was that the City would then go out for an RFP (Request for Proposal) for someone to actually produce the drawings for this phase. Mr. Eliopoulos asked if there is a timeframe with the FCT Grant. In response, Mr. Hasko stated Mr. Barcinski has been working closely with the grant people keeping them current on the status of the project. They have been flexible until this point but there are requirements that kick in with the FCT Grant in terms of updating and maintaining that document. Mr. Hasko stated there are time limits involved in getting the project started. Mr. Eliopoulos asked if the updating requires drawings or is it more written form. Mr. Hasko stated there is a lot of research that has to go back into reviewing the original submittal updating everything that was in there. He stated there is some drawing and some graphics and a lot of written. Mr. Hasko stated it is a combination of time and the level of currency on part of the staff of the consultant in terms of the ability to do it quickly. Mr. Hasko reiterated that the reason staff met with Glatting Jackson Kercher Anglin, Inc. was to review the scope for a Phase I design. He stated staff's intent was to get a proposal from Glatting Jackson Kercher Anglin, Inc. for that work and were not intending to go out for another RFP. Mr. Eliopoulos stated he feels that the consulting company got paid a good amount of money. He expressed concern that they clearly have the lead on it because they know this project better than anybody else. Mr. Eliopoulos stated if they are just locked in we are naturally going to them then staff has no control over what fee they give the City. Mr. Eliopoulos suggested that this item be postponed until the entire Commission is present. He stated a lot of money has been spent. Mr. Eliopoulos expressed concern over the brochures and noted in his profession they would not be going to an Engineering company to do brochures. He asked what level is staff talking about that we're handing out to get this money that we are going to be starting to solicit people with (i.e. naming rights). Mr. Eliopoulos expressed concern over the contract with regard to meeting with the stakeholders and getting their input. He noted that this last go around we went a lot further than what they were anticipating. He stated everyone needs to be aware that this is important and there is still going to be a lot of input. Mr. Eliopoulos stated he is not sure if this is the right direction we need to go in. Mr. Eliopoulos stated he would like more communication with Old School Square, the DDA (Downtown Development Authority) and everybody who was involved in it to make sure -6- O 1 /06/09 they know exactly what direction we are going with this. Mr. Hasko stated staff requested this from Glatting Jackson Kercher Anglin, Inc. He stated as far as any references in this document to meeting with stakeholders, etc. staff is primarily talking about Old School Square because Joe Gillie and his staff have offered and are intending in terms of trying to drum up funding for some of these components to advance the ability to develop the park. Mr. Hasko stated they are going to be a driving force behind what this exhibit looks like. Mr. Bernard stated they agreed to finish Phase I of the Plan and now the Commission is seeing a bill for $23,000.00 and expressed concern whether or not these prices are reasonable and if the City has compared them with other prices. He asked how staff arrived at this amount. The City Manager stated under the Consultant Competitive Negotiation Act you choose based on their qualifications and you cannot ask for competitive prices because it violates State law. The City Manager stated with regard to the cost estimates, there are cost estimators and they are using a consultant themselves and the City could get someone to do that off of their plans. As far as the brochures, the City Manager suggested that someone else could do that as well. However, the City Manager stated with regard to the design work the City is locked in. Brief discussion between Mr. Hasko, the Commission and the City Attorney followed. Mr. Eliopoulos moved to postpone Item 9.A.A. to the Special Workshop Meeting of January 13, 2009, seconded by Mr. Bernard. Upon roll call the Commission voted as follows: Mr. Eliopoulos -Yes; Vice Mayor McDuffie -Yes; Mr. Bernard - Yes. Said motion passed with a 3 to 0 vote. 9.A.A.A. CONTRACT CLOSEOUT (C.O. NO. 1/FINAL) WEST CONSTRUCTION, INC./FIRE-RESCUE STATION NO. 4: Approve a Contract Closeout (C.O. No. 1/Final) in the amount of $47,824.24 and final payment in the amount of $119,613.74 to West Construction, Inc. for completion of Fire Station No. 4. Funding is available from 334-6112-522-62.88 (General Construction FundBuildings/Fire Station No. 4). Richard Hasko, Director of Environmental Services, stated this is the final contract closeout for Fire Station #4. Mr. Hasko stated the project is complete and the original budget for this project was a little over $3.1 million because of the economic conditions in the construction industry. He stated the bid came in just under $2.4 million and the low bidder was a contractor who the City has had extremely good experiences with so consequently staff has felt very comfortable with the project. Mr. Hasko stated the project was finished 2-3 months in advance ahead of schedule. He stated this is an excellent facility that is going to provide the facilities that fire-rescue need in that area for years to come. Mr. Hasko stated due to a number of conflicting conditions during the construction of this project, the City ended up exceeding the project contingency and the project contract amount by a total of almost $48,000.00. He stated because in staff s zeal -7- O 1 /06/09 to finish the project and because of the pace at which it was going and for a couple of other reasons, this caused a major oversight on staff's part and many of those items should have been brought before the City Manager or the City Commission for approval according to Purchasing procedures and they were not. Mr. Hasko stated they have reviewed this extensively and the reason for what happened with his staff and they are making adjustments in-house, reporting adjustments, tracking adjustments and internal authorization adjustments. He stated staff is confident that they are going to come up with a better system that is going to prevent this from reoccurring. However, Mr. Hasko stated at this point in time staff is guilty of a breach of violation of the City's purchasing procedures. He stated there was value received for all of the changes and the additions and the bottom line came in well within what would be an acceptable range over and under for the project (2%). Mr. Hasko stated there was a significant dollar value of approvals that should have been solicited from this body and they were not. Mr. Hasko stated staff acknowledges that and takes complete responsibility for it. Mr. Eliopoulos stated the work is done for this project. He stated they ran into a similar situation with the IT building where it came to the Commission after the work was already done. Mr. Eliopoulos stated he would like to know whose watching the store. He stated he realizes that there are sometimes things that happen in construction and they happen fast and at some point it has to go to the City Manager because there is no way staff will be able to get a hold of the Commission. Mr. Eliopoulos stated the contingency is not meant to be used just because it is there. He stated he is fine that the budget actually came down with regard to this project. Mr. Eliopoulos stated that is not a savings for us to look at that we are saving all this money but that is the taxpayers' money because we went to a bond on this one. Mr. Eliopoulos expressed concern about staff making decisions without it going through Mr. Hasko or the City Manager because they are stroking checks that they cannot afford. Mr. Eliopoulos stated this has happened recently now twice and he feels something needs to be done so that this does not happen again. Brief discussion between staff and the City Commission followed. Mr. Eliopoulos stated his concern is that the Commission said "no" and asked how this should be handled. He asked where the money comes from to pay West Construction, Inc. Mr. Eliopoulos stated as he mentioned in previous meetings the staff in engineering does great underground construction but feels we are missing it when it comes to the above ground work. He asked if this is something that the City needs to get the Building Department more involved in. Mr. Hasko stated this was a serious significant oversight by staff. He stated they are going through the implementation in-house of safeguards to prevent it from happening again. He stated we are not talking about design work or plan review but we are clearly talking about a violation of the City's purchasing policies. The City Manager stated the change order for the break room is an example of the kind of thing with the new procedures in place it came before him and is coming to the City Commission at the appropriate levels. The City Manager explained that he can approve -8- O 1 /06/09 up to $15,000.00 and when it goes over this amount it has to come to the City Commission. Mr. Eliopoulos stated it is great technology wise to have state-of--the-art items and it is also nice to have a nice environment for employees. However, he feels the City did not need to spend the money on state-of--the-art items and that these items should be looked at with more scrutiny as to whether we really need them today. The City Manager stated there are definitely some things here that are discretionary in knowing that we were over budget and had it come forward it probably would not have been approved. Mr. Bernard stated today he will approve the $47,824.24 and noted he was not present for the Change Order that occurred for the IT site. However, he concurs that we have to get the right procedures in place in terms of establishing how to not get these issues to come before the Commission again. Mr. Bernard stated we have to get this right so that this does not come before the Commission again. Mr. McDuffie stated approximately 22 months ago we came in here with a $24 million park bond that ballooned to $64.5 million and it slipped through the cracks. He stated this is minuscule compared to that but systematic of the same thing. He asked what oversight is missing for all of our projects that would prevent this from happening again. Mr. McDuffie stated this has been too frequent and noted many months ago he brought a Capital Improvement Tracking System down to let people look at it and there was a prototype done and he has not seen anything since then. Mr. McDuffie would really like to have something come back from staff to say here is what we know and understand now and can articulate that these processes are in now place and this will not happen again. He stated the City is going to pay the contractors because they have done the work Mr. McDuffie stated in 2005 the value of the CRA (Community Redevelopment Agency) went up 37% in Delray Beach and the value of property across the board went up 19%. He stated times are tight and we cannot make these mistakes. Mr. Hasko stated this is not excusable in any economic conditions and will provide the City Commission with a list and explanation of what they are planning to do internally to make sure that this does not happen again. Mr. Bernard moved to approve Item 9.A.A.A. (formerly Item 8.E.), seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Vice Mayor McDuffie -Yes; Mr. Bernard -Yes; Mr. Eliopoulos -Yes. Said motion passed with a 3 to 0 vote. 9.A.A.A.A. RESOLUTION NO. 01-09/ALTERNATIVE WATER SUPPLY GRANT/SOUTH FLORIDA WATER MANAGEMENT DISTRICT (SFWMD): Approve and adopt Resolution No. 01-09 authorizing execution of an Alternative Water Supply Grant Agreement with the South Florida Water Management District (SFWMD) for funding in the amount of $1,118,000.00 for the construction of the Area 11 Reclaimed Water System Project- Phase A. -9- O 1 /06/09 The caption of Resolution No. 01-09 is as follows: 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. (The official copy of Resolution No. 01-09 is on file in the City Clerk's office.) Richard Hasko, Director of Environmental Services, stated this is for the $1.1 million Alternative Water Supply Grant that the City was awarded a couple of months ago for Area 11A -Reclaimed Water System Project, which will bring the product to the barrier island. Mr. Eliopoulos stated he pulled this item from the Consent Agenda because of some dialogue with regards to communication with the public. He stated when we were in drought conditions we used less water and the City had to raise the water rates because we were not making enough money to pay for the chemicals and to treat the water. Mr. Eliopoulos stated it seemed as though the Commission was receiving calls from the public that they were being punished for using less water. Mr. Eliopoulos expressed concern over the first phase of the Area 11 system expansion which when complete will provide reclaimed service between Atlantic Avenue and George Bush Boulevard. 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. Mr. Eliopoulos expressed concern that as we are advertising that we are doing reclaimed water all of a sudden we are going to have to charge the citizens more for treating our portable water because we are using less of it for irrigation. Mr. Hasko stated what Commissioner Eliopoulos is alluding to is true and we experienced that in the last couple of years with the drought and the City had the mandatory water restrictions which were very successful. He stated people started getting more water conscious and conserving water. Mr. Hasko stated since less than 80% of the City's operating and maintenance costs are related to flow was the need to raise utility rates to customers so that we could continue to operate at the same level. He stated there was a dollar for dollar loss in revenue. Mr. Hasko stated it is not exactly the same when replacing drinking water flows for irrigation with reclaimed water flows. There is going to be some level of reduction in revenue although it is not dollar per dollar because the City is charging based on meter flows for reclaimed water. Mr. Hasko stated whether it is going to balance out, they really do not have the experience yet with it to make that determination. The reclaimed water rate is lower than the drinking water rate. The City Manager stated the profit margin might actually be higher. Mr. Hasko stated the profit margin might be higher but we're probably going to end up -10- O 1 /06/09 selling more reclaimed water because when you irrigate reclaimed water you are exempt from water restrictions. Mr. Hasko stated he would suspect that as we connect people on the barrier island to the reclaimed water system and they understand that they are exempt from water restrictions on some level those flows will probably increase above what staff is predicting based on historical flows particularly over the last couple of years. He stated as we go through and implement and expand the reclaimed water system we are transferring flows to some degree, particularly on the barrier island, from the drinking water system to a reclaimed water system. Mr. Hasko stated at some point in time the flows are going to stabilize and when that happens the rates are going to stabilize. He stated there will probably be some variation in rates as we go through this expansion for the reclaimed water. Mr. Hasko stated it is supply and demand and noted we are changing the supply end of it but at some point in time it will stabilize and in terms of potential rate increases the City will then be dealing with covering our normal increases in operation and maintenance expenses. He stated when that happens it should be minimally affected by transplanting one use for another. At this point, Mr. Bernard declared that his wife works for the South Florida Water Management District (SFWMD) and stated neither himself nor his wife would receive any benefits in him voting on this matter today. Mr. McDuffie asked if all of the capital expenditures for the Wastewater Treatment Plant are now done. In response, Mr. Hasko stated that this is correct. Mr. McDuffie asked if maintaining the same reclaimed rates should give the City a higher profitability on those. Mr. Hasko stated he would expect so. Mr. Hasko stated the primary thing that they are accomplishing is the postponement, deferment and perhaps elimination until facilities absolutely wear out of having to spend 7 or 8 figures on changing technology at the Water Treatment Plant because they are basically replacing capacity at the plant. He stated they are not really looking at any capacity issues to service the population and growth until year 2030. Mr. Hasko stated he feels this is a significant benefit to the City. Mr. Eliopoulos moved to approve Item 9.A.A.A.A. (Resolution No. 01- 09), seconded by Mr. Bernard. Upon roll call the Commission voted as follows: Mr. Bernard -Yes; Mr. Eliopoulos -Yes; Vice Mayor McDuffie -Yes. Said motion passed with a 3 to 0 vote. At this point, the time being 7:00 p.m. the Commission moved to the duly advertised Public Hearings portion of the Agenda. 10. PUBLIC HEARINGS: 10.A. RESOLUTION NO. 02-09 AUTHORIZING PURCHASE 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 -11- 01 /06/09 Missionary Baptist Church's thirty-five (35) space parking lot located on N.W. Stn Avenue. office.) The caption of Resolution No. 02-09 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY (CRA) TO SELL CRA PROPERTY LOCATED AT 429 N.W. 1sT STREET TO MOUNT OLIVE MISSIONARY 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 CHURCH'S THIRTY- FIVE (35) SPACE PARKING LOT LOCATED ON N.W. 5TH AVENUE; SETTING A PUBLIC HEARING AT CITY HALL, 100 N.W. 1sT AVENUE, DELRAY BEACH, FLORIDA FOR 7:00 P.M. ON JANUARY 6, 2009, PURSUANT TO FLA. STAT. 163.380(2). (The official copy of Resolution No. 02-09 is on file in the City Clerk's The City Attorney read the caption of the resolution which authorizes the CRA (Community Redevelopment Agency) to sell property 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. 5th Avenue. The City Attorney stated this is being advertised as a public hearing in compliance with CRA statutes because of the price. The City Attorney stated staff wanted to make sure to get this formal approval because it is not a straight forward the CRA is going to receive in cash the exact amount but the CRA will receive along-term easement. Diane Colonna, Executive Director of the Community Redevelopment A~ency (CRA), stated this is reviving an old contract that the CRA had with the Mount Olive Missionary Baptist Church from 2003. Ms. Colonna stated that deal was a little more complicated because it involved Mount Olive selling some property to Atlantic Grove partners and they were going to build townhouses on that property. She stated that deal fell through but is now being revived as well as the CRA's portion of it. Ms. Colonna stated the CRA purchased a lot on N.W. 1st Street with the intention of providing parking for the area. She stated the CRA can maybe get 12 spaces on that lot and the CRA would have to improve it themselves. The property is valued currently at $130,000.00 and the CRA has the opportunity to trade with Mount Olive to let them have that property in exchange for $1,000.00 plus the granting of a perpetual easement to the public for parking on Mount Olive's 35-space parking lot on N.W. 5th Avenue. Ms. Colonna stated there is already a driveway going in but the CRA would have to create an -12- O 1 /06/09 entrance. The CRA would have to remove a piece of fence and do some resurfacing and it will be fairly minimal to be able to use that parking lot. She stated it will be a public easement and will be available six days a week to the public Monday through Saturday in perpetuity. Ms. Colonna stated the CRA feels this is a good trade because they do not have to spend the money to improve the small lot on N.W. 1st Street. She stated this lot is on N.W. 5th Avenue and is across from property that the City owns at 82 N.W. 5th Street where the CRA demolished a blighted apartment building and that property is under contract with the Delray Beach Housing Authority to construct offices (three-story) for them. Ms. Colonna stated the CRA feels it is consistent with the goals for redeveloping the CRA area and particularly with everything that has happened on 5th Avenue which has seen improvement and more activity in terms of new businesses and housing. Ms. Colonna stated the CRA would like the consent of the City Commission to this transaction and noted that the way the statute reads is if the CRA is selling property for less than fair value that this needs City Commission approval. Vice Mayor McDuffie declared the public hearing open. Pauline Moody, 609 S.W. 8t'' Avenue, Delray Beach, expressed concern over this purchase and sale agreement for certain parking spaces. Ms. Moody stated Mount Olive people should be present this evening and it does not make any sense to make a church pay $1,000.00. She inquired what happens if the church does not make the $1,000.00. There being no one from the public who wished to address the Commission regarding Resolution No. 02-09, the public hearing was closed. With regard to Ms. Moody's comments, Ms. Colonna clarified that Mount Olive Missionary Baptist Church has signed the contract and they are paying $1,000.00 and giving the CRA an easement to park on their property in exchange for a piece of property that they are receiving from the CRA Ms. Colonna reiterated that Mount Olive has consented to the arrangement and will be receiving a lot from the CRA that they need for their daycare center to construct a building in the future in exchange for $1,000.00 and providing an easement for the public to park on their existing parking lot. Mr. Eliopoulos moved to approve Resolution No. 02-09, seconded by Mr. Bernard. Upon roll call the Commission voted as follows: Mr. Eliopoulos -Yes; Vice Mayor McDuffie -Yes; Mr. Bernard -Yes. Said motion passed with a 3 to 0 vote. 10.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 (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 -13- O 1 /06/09 (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 January 20, 2009. The caption of Ordinance No. 01-09 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES, BY AMENDING SECTION 4.3.3, "SPECIAL REQUIREMENTS FOR SPECIFIC USES", SUBSECTION (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", SUB SECTION (C), "NUMBER OF PARKING SPACES REQUIRED", TO MODIFY HOW FRACTIONS ARE ROUNDED, TO CHANGE THE PARKING REQUIREMENTS FOR BUSINESS AND -14- O 1 /06/09 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 GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 01-09 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 involves modifications to the parking requirements in order to promote office development in the City of Delray Beach. On October 10, 2008, the City received a memo from the Chamber of Commerce Economic Development Committee regarding various incentives and modifications to promote office development in the City. Mr. Dorling stated some of the recommendations can be accomplished very quickly and this is the first phase of the process. He stated some additional changes are on their way and will be before the Commission but will require some additional analysis. This modification has a couple of components to it and expands the area now where there is a parking reduction given which currently extends one block north and south of Atlantic Avenue and this extends two blocks north and south as the City has expanded the downtown and has parking garages that have provided some parking alternatives. Mr. Dorling stated it also bases the parking on net floor area versus gross floor area. He stated this promotes those bigger lobby areas which are indicative of Class A office and there is a slight modification to the way numbers are calculated. Mr. Dorling stated the calculation of the number of parking spaces resulting in a fraction is rounded up to the next whole number and this modifies that to allow you to run down if the number is less than .5. In addition, Mr. Dorling stated it provides definitions of gross floor area and net floor area to accommodate the change in how parking spaces are calculated. At its meeting of December 8, 2008, the Planning and Zoning Board voted to recommend approval with a 7 to 0 vote; the Downtown Development Authority (DDA) recommended approval of the proposed text amendment; at its meeting of December 10, 2008, the West Atlantic Avenue Redevelopment Coalition (WARC) recommended approval of the proposed amendment; at its meeting of December 11, 2008, the Community Redevelopment Agency (CRA) recommended approval of the proposed text amendment; at its meeting of December 16, 2008, the Parking Management Advisory Board (PMAB) voted 8-1 to recommend approval of the proposed text amendment; and the Pineapple Grove Main Street Board meeting will occur on January 7, 2009 and the Board's recommendation will be reported to the City Commission at second reading of the ordinance. -15- O 1 /06/09 Vice Mayor McDuffie declared the public hearing open. There being no one from the public who wished to address the Commission regarding Ordinance No. 01- 09, the public hearing was closed. Mr. Bernard moved to approve Ordinance No. 01-09 on FIRST Reading/FIRST Public Hearing, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Vice Mayor McDuffie -Yes; Mr. Bernard -Yes; Mr. Eliopoulos -Yes. Said motion passed with a 3 to 0 vote. 10.C. 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. The caption of Ordinance No. 56-08 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES, BY AMENDING SECTION 2.4.3, "SUBMISSION REQUIREMENTS", SUBSECTION (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; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 56-08 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 modifies the Section of the LDRs to provide for a fee for a request for a change in historic designation and/or classification as well as ad valorem tax exemption applications. At their meeting on December 9, 2008, the City Commission considered this item and recommended approval for second reading tonight. Mr. Dorling stated this establishes a fee of $60.00 per property which is consistent with the fee associated with giving it a historic designation. He stated other parts of the Code talk about private applications also being required to provide postage and advertising costs similar to other development proposals -16- 01 /06/09 in the City. Mr. McDuffie inquired about a change regarding someone submitting two applications as opposed to one. Mr. Dorling stated this allows someone to pay the one fee for the two items. Mr. McDuffie asked if there is a break in the fee if someone submits both applications at the same time. In response, Mr. Dorling stated this is correct. Vice Mayor McDuffie declared the public hearing open. There being no one from the public who wished to address the Commission regarding Ordinance No. 56- 08, the public hearing was closed. Mr. Bernard moved to adopt Ordinance No. 56-08 on Second and FINAL Reading, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mr. Bernard -Yes; Mr. Eliopoulos -Yes; Vice Mayor McDuffie -Yes. Said motion passed with a 3 to 0 vote. At this point, the time being 7:20 p.m., the Commission moved to Item 11, Comments and Inquiries on Non-Agenda Items from the City Manager and the Public. ll.A. City Manager's response to prior public comments and inquiries. In response to a previous inquiry about getting street lights installed in the Country Club Acres area, the City Manager stated the City contacted Florida Power & Light (FPL) and were informed that they no longer do street light design and the City would have to have someone else do that. The City Manager stated the City contacted the street light vendor, Municipal Lighting, for assistance and the City is currently awaiting their design proposal and schedule for providing street lighting in the Country Club Acres area and will advise when that information is available. Secondly, the City Manager stated there was also a request from residents of the Marina Historic District in the 300 block that the City initiate the removal of their properties from the district. He stated the Planning staff feels it is reasonable to require the direct recipients of the benefit that is the removal from the district to pay the amount of the processing fee of $60.00 per property and the applicant should pay the related expenses associated with postage, advertising, and mailing labels rather than passing these expenses through to all City residents thus what would occur if the application were City-initiated. The City Manager stated the 300 block has been in the historic district for many years and staff feels that it is entirely appropriate for those residents in the 300 block to pay the associated costs. 11. From the Public. ll.B.l. Alice Finst, 707 Place Tavant, Delray Beach, stated several months ago when the CVS/Office Depot project was presented with much public comment a proposal was made to create a five member group to review, revise, etc. the plans for the North -17- O 1 /06/09 Federal Highway Corridor and the north entrance to the City. Mrs. Finst stated yesterday she drove by where the CVS property was proposed and saw that O.C. Taylor has a "For Sale" sign on the property. She urged the Commission to advise the public of what has happened with the proposed Review Committee and what needs to be done to get the committee activated to make sure that there is an appropriate entrance to the north end of the City. 11.B.2. Vincent Dole, 245 N.E. 8t'' Avenue, Delrav Beach, stated it has been approximately 2 years since the last election for Mayor and asked when the photograph of the previous Mayor, Jeff Perlman, will be added to the distinguished panel in the Commission Chambers. The City Manager stated as part of the remodeling project the City plans to move the frame down toward the end of the wall and create space for several additional Mayors to be placed on the panel. 11.B.3. Pauline Moody, 609 S.W. 8t'' Avenue, Delrav Beach, expressed concern over the street lighting and noted that on S.W. 8th Avenue near the cemetery it is very dark. Ms. Moody stated she is concerned for the safety of people who may be walking in this area and she has witnessed some individuals jumping over the gate towards the back of the cemetery and cutting through the cemetery. She asked that there be better lighting and more surveillance in this area. Secondly, Ms. Moody expressed concern over the alleged harassment by the Police Department towards her. 11.B.4. Shelly Weil, 925 Greensward Lane, Delrav Beach, stated with regard to the lighting issue expressed by Ms. Moody, this was discussed at the Police Advisory Board (PAB) and young men that are going for their eagle scouts have to perform a project by demonstrating leadership and community service. Mr. Weil stated there are a group of young scouts currently getting together to tour the City to see where lights are out and where we need additional lights. As Chairman of the Police Advisory Board, Mr. Weil stated he would like to take Ms. Moody's concerns about the Police Department under consideration so that they can settle the matter. At this point, the time being 7:30 p.m., the Commission moved to Item 12, First Readings. 12. FIRST READINGS: 12.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 January 20, 2009. The caption of Ordinance No. 03-09 is as follows: -18- O 1 /06/09 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. (The official copy of Ordinance No. 03-09 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. Paul Dorling Director of Planning and Zoning, stated this provides some more flexibility for the Public Arts Program to allow people that may be proposing art on private property to receive funds. Mr. Dorling stated it is subject to an agreement with the City that the art would be available and visible to the public at all times. Mr. Eliopoulos asked if there is a reason this was added to the ordinance. In response, Mr. Dorling stated this is in response to a specific request but he is not sure what entity suggested it. The City Attorney stated staff can provide some more information at the second reading. Mr. Bernard moved to approve Ordinance No. 03-09 on FIRST Reading, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mr. Eliopoulos -Yes; Vice Mayor McDuffie -Yes; Mr. Bernard -Yes. Said motion passed with a 3 to 0 vote. At this point, the time being 7:32 p.m., the Commission moved to Item 9.A. of the Regular Agenda. 9.A. WAIVER REQUEST/S.W. 14th AVENUE: Consider a waiver request to Land Development Regulations (LDR) Section 6.1.2(A)(2)(a), "Streets and Alleys", to allow a Certificate of Occupancy to be issued prior to completion of alleyway improvements for seventeen (17) single family homes located adjacent to S.W. 14tH Avenue between S.W. 1st and 2"d Streets. (Quasi-Judicial Hearing) -19- O 1 /06/09 The City Attorney stated there are only three Commissioners present this evening and noted that it takes three positive votes to take any action. She stated staff has postponed two of these waivers for that requested reason to postpone them. The City Attorney stated the waivers that have not been postponed staff wanted to give the opportunity to ask for a postponement if they wish to do so. Vice Mayor McDuffie read into the record the City of Delray Beach procedures for aQuasi-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. Vice Mayor McDuffie asked the Commission to disclose their ex parte communications. The Commission had no ex parte communications to disclose. Paul Dorling, Director of Planning and Zoning, stated there is not a prof ect file number to enter into the record; however, staff has a formal request from the CRA (Community Redevelopment Agency) and the CLT (Community Land Trust) which is attached to the City Commission documentation. Mr. Dorling stated this is a waiver to LDR Section 6.12(A)(2)(A) to allow issuance of a certificate of occupancy (C.O.) to occur prior to completion of required infrastructure (alley improvements) between S.W. 13th Avenue and S.W. 14th Avenue as well as alley improvements between blocks 14th and 15th south of 1st Street behind the five lots shown on the overhead. He stated the improvements are in fact planned and construction drawings are being prepared; however, it is not anticipated that these improvements will be completed prior to some of the single family homes being ready for C.O. Mr. Dorling stated this is not a waiver to the improvement but a waiver to allow the C.O.'s to be issued without the improvements completed. However, he stated there would be accommodations for temporary alley access if those homes are C.O. prior to the improvements being completed. The improvements are expected to begin in May and take approximately 120 days. Mr. Dorling stated staff did not want to run into issues about not being to occupy the houses with C.O.'s if the improvements are still pending. Staff recommends approval of the request at this time. Jeff Costello, Assistant Director of the Community Redevelopment A~ency (CRA), stated Evelyn Dobson, Interim CLT Executive Director and Kymenski Kemp, Development Manager of the CLT are present for any questions the Commission may have. Mr. Costello stated positive findings can be made with respect to LDR Section 2.4.7(B)(5) and he requested the support of the City Commission. There was no cross-examination or rebuttal. Vice Mayor McDuffie stated if anyone from the public would like to speak in favor or in opposition of the waiver request, to please come forward at this time. -20- O 1 /06/09 Pauline Moody, 609 S.W. 8t'' Avenue, Delray Beach, expressed concern over lighting in the alleyways and streets. She suggested that these areas be well lit to help prevent crime. There being no one else from the public who wished to give testimony on this item, the public hearing was closed. Mr. Dorling stated the improvements will involve paving of the alleys and the single family homes will take access to the rear. Therefore, Mr. Dorling stated the alleys will be paved and believes there is lighting already in those alleys but if not the CRA can address that. The City Attorney briefly reviewed the Board Order with the Commission who made findings according to their consensus (attached hereto is a copy and made an official part of the minutes). Mr. Eliopoulos moved to adopt the Board Order as presented (approving the waiver request), seconded by Mr. Bernard. Upon roll call the Commission voted as follows: Vice Mayor McDuffie -Yes; Mr. Bernard -Yes; Mr. Eliopoulos -Yes. Said motion passed with a 3 to 0 vote. 9.B. THIS ITEM HAS BEEN POSTPONED TO THE REGULAR MEETING OF JANUARY 20, 2009. 9.C. THIS ITEM HAS BEEN POSTPONED TO THE REGULAR MEETING OF JANUARY 20, 2009. 9.D. REQUEST FOR IN-LIEU PARKING SPACES/TASTE RESTAURANT: Consider a request from Taste Restaurant for the purchase of eight (8) in-lieu parking spaces in the amount of $62,400.00. Taste Restaurant is located at 169-171 N.E. 2"d Avenue. (Quasi-Judicial Hearing) Chevelle D. Nubin, City Clerk, swore in those individuals who wished to give testimony on this item. Vice Mayor McDuffie asked the Commission to disclose their ex parte communications. The Commission had no ex parte communications to disclose. Scott Aronson, Parking Management Specialist, stated this item is a request from Taste Restaurant located at 169-171 N.E. 2"d Avenue (Pineapple Grove Way) has submitted a Class III site plan modification for the conversion of 1,690 square feet of existing retail to restaurant and the addition of a 1,031 square foot courtyard dining area at the rear of the property. The Land Development Regulations require parking to be provided for the conversion of use by calculating the difference of 4.5 spaces per 1,000 square foot required for the existing retail uses, (7.7 spaces), and 6 spaces per 1,000 square feet required for the proposed restaurant, (10.14 spaces). An additional 6 spaces per 1,000 square feet must be provided for the 1,031 square feet outdoor dining area, (6.19 spaces). -21 - 01 /06/09 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). Mr. Aronson stated the applicant is requesting to purchase eight (8) in-lieu parking spaces. 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. Mr. Aronson stated LDR Section 4.6.9(E)(3) allows for the City Commission to allow an in-lieu of parking payment in the amount of $7,800.00 in that area per space resulting in a one time fee of $62,400.00 to be paid via an in-lieu parking fee agreement which allows a 50% payment up front and two subsequent payments of 25% on the second and third anniversaries. The subject property is in close proximity of the Old School Square parking garage and has been showing increased utilization recently. Staff has posted new signage on Pineapple Grove Way and N.E. 1st Street to help invite traffic into the area. The site plan also proposes a sidewalk cafe which has proven to improve pedestrian activity. Staff recommends approval. Mr. Aronson stated the item was reviewed by the Parking Management Advisory Board, the Downtown Development Authority, the Community Redevelopment Agency and the Pineapple Grove Main Street Board. Mr. Aronson stated there was one dissenting member on the Parking Management Advisory Board. Bob Currie, Currie Sowards Aquila Architects, 134 N.E. 1St Avenue, Delray Beach (Applicant), stated they are excited about having Taste Restaurant come into their district and will be a really fun place. Vice Mayor McDuffie stated if anyone from the public would like to speak in favor or in opposition of the request for in-lieu parking spaces, to please come forward at this time. There being no one from the public who wished to address the Commission regarding the request, the public hearing was closed. There was no cross-examination or rebuttal. The City Attorney briefly reviewed the Board Order with the Commission who made findings according to their consensus (attached hereto is a copy and made an official part of the minutes). Mr. Bernard moved to adopt the Board Order as presented (approving the request for in-lieu parking spaces and that the parking payment of $7,800.00 per space totaling $62,400.00 be paid on the condition that 50% be paid upon signing the agreement; 25% to be paid on the second and third anniversaries of the agreement), seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mr. Bernard -Yes; Mr. Eliopoulos -Yes; Vice Mayor McDuffie -Yes. Said motion passed with a 3 to 0 vote. 9.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 (4) parking spaces. Hammad Shoppes is located at 139 N.W. 5th Avenue. (Quasi-Judicial Hearing) -22- O 1 /06/09 Chevelle D. Nubin, City Clerk, swore in those individuals who wished to give testimony on this item. Mayor Ellis asked the Commission to disclose their ex parte communications. The Commission had no ex parte communications to disclose. Scott Aronson, Parking Management Specialist, stated this is a waiver to waive the in-lieu fees that were approved by the City Commission at their August 5, 2008 meeting. Mr. Aronson stated approval was granted for four (4) in-lieu parking spaces at a total cost of $16,000.00. Hammad Shoppes had received approval from the Historic Preservation Board for site plan modifications and a 1,072 square foot expansion and facade improvements. Subsequently, during the building of the construction of the property it was recognized that a 1,152 square foot mezzanine was being constructed that was not on the approved plans. Mr. Aronson stated the applicant was asked to cease his construction at that point because parking was needed to be provided for the 1,152 square foot mezzanine. The applicant went through an in-lieu process and it was approved with the in-lieu payment agreement. Upon payment of the first installment a protest was sent by the applicant and the letter of protest is why this item is before the Commission this evening. The applicant is requesting that the Commission waive those in-lieu fees. Mr. Aronson reiterated that the mezzanine was not on the original plans. The applicant had six (6) parking spaces on N.W. 5th Avenue in front of his establishment (convenience store) and the parking that backed onto N.W. 5th Avenue was very convenient for those customers. The Community Redevelopment Agency (CRA) had accommodated those six (6) spaces and they were relocated to the rear of the property along with an additional four (4) spaces to accommodate the use for the construction. There are another four (4) spaces on N.E. 2"d Street that are adjacent to the northern entrance of the property. The applicant feels that during the N.W. 5th Avenue Redevelopment project which was why the six back-out spaces needed to be eliminated from in front of the property so that the beautification project and the on-street parking could be placed in front of the owner's property. Mr. Aronson stated four (4) on-street parking spaces now exist in front of the property. Mr. Aronson stated the applicant feels that the four (4) spaces should be credited towards his property. Mr. Aronson stated although there was some discussion that the CRA and the applicant had regarding this, he was not privy to those discussions. Mr. Aronson stated the four (4) spaces are in the public domain and they were built during the beautification but they are in the public right-of--way. He stated the back-out spaces were not eliminated they were placed in the rear of the property at the full expense of the CRA. Mr. Aronson stated prior to granting the waiver the Commission shall make findings that the granting of the waiver shall (1) shall not adversely affect the neighboring area; (2) shall not significantly diminish the provision of public facilities; (3) shall not create an unsafe situation; and, (4) does not result in 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. Mr. Aronson stated positive findings for (b) and (c) can be made, however, expressed concern over (d). He stated staff does not know if this could be found as consistent with another circumstance. There were areas where in-lieu requests were asked for the waiver of the fees (i.e. Bob's Famous Bar). Mr. Aronson stated they had a rooftop dining area that had a planter box that was requested. During the deliberations they requested that the fees be waived and that was denied. He stated the - 23 - 01 /06/09 Code calls for all square footage to require parking and staff feels to waive the fees would be a bad precedent to set. Staff understands the convenience of spaces being in the front; however, the applicant still has back-out parking spaces. Mr. Aronson made reference to LDR Section 4.6.9(B)(4) and noted that there was no purchase of the property. He stated crediting any parking to the property does not appear to be justified and commented that the parking spaces were actually replaced. Staff recommends that the City Commission use its discretion in the resolution of this matter. Mr. Aronson stated the Parking Management Advisory Board (PMAB) reviewed this at their recent meeting and recommended approval of the applicant's request. Mike Hammad, owner of 139 N.W. 5t'' Avenue (Applicant), stated he had six (6) parking spaces in the front of his business and he deeded his front to the City so that they could do their project. Mr. Hammad stated that the four (4) parking spaces should be added to his property and when he deeded the spaces in the front to the City it eliminated half of his business. He stated although the City gave him parking behind building but it is not the greatest area and consequently hardly anyone parks behind the building. Mr. Hammad stated since there is no parking in front people just keep driving and reiterated that more than 50% of his business did go down. Diane Colonna, Executive Director of the Community Redevelopment A~ency (CRA), stated this is an issue of fairness. Ms. Colonna stated Mr. Hammad had back-out parking in front of his building (6 spaces) that he did not have to remove for the beautification project. She stated the fact that Mr. Hammad did let the City build the sidewalk, the streetscape, and do the parallel parking there at a cost of eliminating those very convenient spaces that he had going up into the front entrance. Ms. Colonna stated Mr. Hammad agreed to let them do that with the understanding that they would replace that parking in the back of the building which they did although it is much less convenient. She stated Mr. Hammad has added additional floor area to his building and if he had not removed those spaces in the front he would have still had room in the back to put additional parking so that he could add on to his building. Ms. Colonna stated Mr. Hammad no longer has the use of the front of his building for parking and the CRA feels that Mr. Hammad in a sense is being penalized and should be credited for those four (4) spaces that he gave up for this project. Therefore, Ms. Colonna stated the CRA supports the waiver. There was no cross-examination or rebuttal. Vice Mayor McDuffie stated if anyone from the public would like to speak in favor or in opposition of the request, to please come forward at this time. There being no one from the public who wished to address the Commission regarding the waiver, the public hearing was closed. Mr. Eliopoulos stated he attended the Parking Management Advisory Board (PMAB) Meeting and there was a lot of conversation over what happened with this -24- O 1 /06/09 property. He stated his does not believe that the Commission is voting here tonight to give the applicant back the land and/or the four (4) spaces in the front of his property but the Commission is voting to do a waiver of his in-lieu fee that came with this mezzanine that was constructed. The City Attorney stated that Mr. Eliopoulos is correct. Mr. Eliopoulos stated safety comes first when it comes to backing out on the street but convenience wise the applicant is correct that it is easier to have someone pull right up as opposed to going behind the business. He understands the situation and sympathizes with this but at the same time he is not saying that he would particularly condone this as far as doing a mezzanine without approval because there are certain things he feels that one still needs to do but for this particular request he can justify due to it as a fair swap of the spaces lost. Mr. McDuffie stated in the beautification of 5th Avenue we did some things that are very nice but agrees that we took some access away from this owner. Mr. McDuffie stated although we built spaces in front of his property we also took those spaces that he had there away. Mr. McDuffie stated it is punitive in nature to charge him so he supports waiving those fees. The City Attorney stated this is not a taking of property in an eminent domain sense. The City Attorney briefly reviewed the Board Order with the Commission who made findings according to their consensus (attached hereto is a copy and made an official part of the minutes). Mr. Eliopoulos moved to adopt the Board Order as presented (approving the waiver request), seconded by Mr. Bernard. Upon roll call the Commission voted as follows: Mr. Eliopoulos -Yes; Vice Mayor McDuffie -Yes; Mr. Bernard -Yes. Said motion passed with a 3 to 0 vote. 9.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). Richard Hasko, Director of Environmental Services, stated this is a request for consideration by Commission for a contract addition to the City Hall North Wing project. The amount of the project is $8,115.00 and the proposed work is the remodeling of the primary downstairs break room off the staff hallway. Mr. Hasko stated it is quite dated and the cabinets are quite worn. Mr. Hasko stated knowing that the North Wing project was coming up it was his suggestion to hold off and wait until we had that contract and get prices from BSA while they were in building. He stated he figured since we had a contact in the building and that the City could get the remodeling redone for less money. The remodeling proposal would include new cabinets, floor, wall coverings, etc. - 25 - 01 /06/09 Mr. Bernard moved to approve the 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, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Vice Mayor McDuffie -Yes; Mr. Bernard -Yes; Mr. Eliopoulos -Yes. Said motion passed with a 3 to 0 vote. 9.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 (3) minutes regarding the violation; and cross examination and rebuttal shall last no longer than two (2) minutes. Terrill Pyburn, Assistant City Attorney, stated the City recently amended the rules of procedure of the Code Enforcement Board in June. However, staff realized that the Code Enforcement Board did not follow the Quasi-Judicial rules as some of the other City Boards. Ms. Pyburn stated staff thought that by implementing these rules would help their meetings be more efficient on some of the longer items. Therefore, staff recommends that these Quasi-Judicial rules be implemented for the Code Enforcement Board as well. Mr. Eliopoulos moved to approve Item 9.G., seconded by Mr. Bernard. Upon roll call the Commission voted as follows: Mr. Bernard -Yes; Mr. Eliopoulos - Yes; Vice Mayor McDuffie -Yes. Said motion passed with a 3 to 0 vote. 9.H. APPOINTMENT TO THE NEIGHBORHOOD ADVISORY COUNCIL: Appoint one (1) regular member to the Neighborhood Advisory Council to serve an unexpired term ending July 31, 2010. Based upon the rotation system, the appointment will be made by Mayor Ellis (Seat #5). The City Attorney stated Mayor Ellis' appointment will be automatically deferred to the next regular meeting of January 20, 2009 pursuant to the City Commission's local rules. 9.I. APPOINTMENTS TO THE CODE ENFORCEMENT BOARD: Appoint three (3) regular members to the Code Enforcement Board for three (3) year terms ending January 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). Mr. Eliopoulos moved to reappoint Robert Marks as a regular member to the Code Enforcement Board for a three (3) year term ending January 14, 2012, seconded by Mr. Bernard. Upon roll call the Commission voted as follows: Mr. Eliopoulos -Yes; Vice Mayor McDuffie -Yes; Mr. Bernard -Yes. Said motion passed with a 3 to 0 vote. -26- O 1 /06/09 The City Attorney stated Mr. Fetzer's appointment will be automatically deferred to the next regular meeting of January 20, 2009 pursuant to the City Commission's local rules. Vice Mayor McDuffie stated he wished to reappoint Mark Behar as a regular member to the Code Enforcement Board for a three (3) year term ending January 14, 2012. Mr. Bernard so moved, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Vice Mayor McDuffie -Yes; Mr. Bernard -Yes; Mr. Eliopoulos -Yes. Said motion passed with a 3 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 stated Mr. Eliopoulos asked about the pre-application process that the City of Boynton Beach uses. He stated the City of Delray Beach did contact the City of Boynton Beach and the pre-application process is conducted with new developments, redevelopments, and modification to existing developments. The Boynton Beach Land Development Regulations do not require this conference but they encourage the conference. The City Manager stated this is very similar to the pre-conference process which has been in place in Delray Beach for several years. He stated the reference to this pre-conference meeting is in the development applications for Class III- V site plans, rezonings, FLUM amendments, plats, abandonments and Certificate of Appropriateness Applications and is noted as apre-application conference with a member from the Planning staff. The City Manager stated this is strongly recommended and can be scheduled at your convenience. The City Manager stated the pre-application meeting when elected by the applicant is conducted by the Planning Department. Secondly, the City Manager provided Mr. Eliopoulos with a list of Presidents of the Homeowners Associations and noted that if anyone else would like this list it is available. With regard to the status of the one-way pairs, the City Manager stated for N.E. 1st Street the issue has to do with the intersection of N.E. 1st and N.E. 5th. The process of bringing one-way traffic to two-way involves the addition of signal heads and the concern the County had was that the existing poles would not support the additional weight and new poles would have to be installed. The City Manager stated the current standard procedures would require that the entire intersection then be converted to mast arms if additional poles are required. He stated after numerous meetings with FDOT and Palm Beach County Traffic, the City was able to convince Palm Beach County to submit a plan that would not require converting the intersection to mast arms. The City Manager stated Palm Beach County has submitted for an FDOT permit and it is the understanding of the City that the permit is being processed by FDOT at this time. He stated once the permit is issued, staff will get with Palm Beach County and ask them for a timeframe for -27- O 1 /06/09 the conversions of the signals so that N.E. 1st can be converted to two-way traffic. The City Manager stated S.E. 1st has two intersections with issues; Swinton Avenue and Stn Avenue. He stated Swinton Avenue requires at least one new pole and there is not sufficient right-of--way for additional poles. The City Manager stated in recent conversation with Palm Beach County it was concluded that the County would look at a joint use agreement with the owner of the existing poles and staff hopes to hear about the status of the joint use agreement this month. The City Manager stated the intersection of S.E. 1st and 5th Avenue will require at least two new temporary poles. The City has met with FDOT and they have agreed to temporary poles because this intersection will be reconfigured and mast arm signals installed when the US-1 project is constructed. The City Manager stated mast arms cannot be constructed at this time because they will most likely be located in landscape nodes that do not currently exist. Two new temporary poles will require easements from abutting property owners. The County has indicated that they will have preliminary designs to the City this month which will show the temporary location of the poles. Lastly, the City Manager stated with regard to Commissioner Bernard's concern expressed about early voting, he stated the City Clerk spoke with Susan Bucher on December 4, 2008 expressing the City's interest for an early voting site for the 2010 Primary and General Election. He stated the City also discussed the possibility of asking the Legislature to amend the law regarding what sites can be used for early voting. The tentative early voting dates are August 16-29, 2010 and October 18-31, 2010. The City Manager stated Charmaine Kelly, Deputy Supervisor of Elections, stated that Susan Bucher will be sworn in on January 6, 2009 and when she has time to settle in, the City Clerk will meet with her about early voting sites. 13.B. City Attorney The City Attorney stated the City received the ruling on the Boca Raton/City of Delray Beach/Palm Beach County dispatch case that she emailed to the City Commission. The City Attorney stated the City is proceeding with seeking discretionary jurisdiction by the Supreme Court of Florida on the matter. She stated the City did not get it certified as an issue of great public importance by the 4th District Court of Appeal; however, staff would like to proceed pursuant to other direction. 13.C. City Commission 13.C.1. Mr. Eliopoulos Mr. Eliopoulos stated he would like to see the City Manager continue to work with staff to have a format in place regarding the change orders, etc. School Square. Secondly, he inquired about the status of the window replacement at Old - 28 - 01 /06/09 Mr. Eliopoulos commented about the two-way pairs and noted that this seems to be dragging on but urged staff to keep pushing forward. Mr. Hasko stated staff has received the agreement from FEMA for the window replacement at Old School Square and staff is in the process of putting together the bid documents and this should be ready in the next month or so. 13.C.2. Mr. Bernard Mr. Bernard stated he would like the Commission to give the City Manager direction in terms of when we should have the picture of former Mayor Perlman up because he does believe that it should not take two years to get a picture hung up. Mr. Bernard stated he feels the picture of former Mayor Perlman should be put up immediately and that staff should start making plans now for the current Mayor's picture. The City Manager stated during the remodeling project the entire frame will be made bigger so that it will accommodate another 6-8 pictures. Secondly, Mr. Bernard stated he received statistics from last year in regards to the reading for the 10th graders and 54% percent of the white non-Hispanics passed the FCAT; however, the African-American students passed the FCAT at a 14% rate. Mr. Bernard stated he believes the City of Delray Beach should do everything in its power to help Atlantic High School and the Education Board in terms of making sure that the students can pass the FCAT. 13.C.3. Mr. McDuffie Mr. McDuffie commended the Police Department, staff and everyone who came out to manage the crowds for the First Night event and stated it was done quite well. He commended staff for the wonderful job of crowd control and clean up of the City after the event was over. Secondly, Mr. McDuffie stated he spoke to one of the family members of the Weekes Family and reported that Leon Weekes is doing very well. Lastly, Mr. McDuffie asked about the status of the offers from the Office Depot Foundation regarding printers, monitors, and PC's. Lula Butler, Director of Community Improvement, stated staff did receive an email back from the contact person at Office Depot and they have not made a final decision but she hopes to have an answer by the end of the week. There being no further business, Vice Mayor McDuffie declared the meeting adjourned at 8:21 p.m. -29- O 1 /06/09 City Clerk ATTEST: VICE MAYOR The undersigned is the City Clerk of the City of Delray Beach, Florida, and the information provided herein is the Minutes of the Regular City Commission Meeting held on January 6, 2009, which Minutes were formally approved and adopted by the City Commission on City Clerk NOTE TO READER: If the Minutes you have received are not completed as indicated above, this means they are not the official Minutes of the City Commission. They will become the official Minutes only after review and approval which may involve some amendments, additions or deletions as set forth above. -30- O 1 /06/09 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. 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 last house in the development. Pursuant to LDR Section 2.4.7(6)(5), prior to granting a waiver, the approving body shall make a finding that the granting of the waiver: (a) Shall not adversely affect the neighboring area; (b) Shall not significantly diminish the provision of public facilities; (c) Shall not create an unsafe situation; and, (d) Does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. Would the waiver of Section 6.1.2(A)(2)(a) comply with the requirements of 2.4.7(8)(5) subject to the condition that all alley improvements shall be completed within sixty (60) days of a C.O. being issued for the last house in the development? Yes 3 No 0 ~~erti~ q. ~• ~C. r1r1-fig (~'~ ' ~~~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 X 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 X 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 3 in favor and 0 opposed. ,,~' ~ ~._ ATTEST: Rita Elli ,Mayor Chevelle Nubin, City Clerk 2 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(B)(5), prior to granting a waiver, the approving body shall make a finding that the granting of the waiver: (a) Shall not adversely affect the neighboring area; (b) Shall not significantly diminish the provision of public facilities; (c) Shall not create an unsafe situation; and, (d) Does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. Would a waiver to Section 4.4.13(G)(1), waiving the requirement for the payment for 4 parking spaces, comply with the requirements of 2.4.7(B)(5)? Yes 3 No 0 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 ` ~~~~ ~ . ~ G~ Co,rY-~rwil~Si ~ ~ ~ rtit~g ~- ~~- u~ 4. The City Commission finds there is ample and competent substantial evidence to support its findings in the record submitted and adopts the facts contained in the record including but not limited to the staff reports, testimony of experts and other competent witnesses supporting these findings. 5. Based on the entire record before it, the City Commission approves X denies the waiver request 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 3 in favor and 0 opposed. ~~ ATTEST: Rita Ellis, Mayor Chevelle Nubin, City Cler 2 MEMORANDUM TO: Mayor and City Commissioners FROM: Amy Alvarez, Sr. Planner/Historic Preservation Danielle Beardsley, Marketing/Special Events Coordinator THROUGH: David T. Harden, City Manager DATE: January 13, 2009 SUBJECT: AGENDA ITEM 7.A. -REGULAR COMMISSION MEETING OF .TANUARY 20, 2009 S.P.I.R.I.T. COMMITTEE QUARTERLY AWARDS PRESENTATION ITEM BEFORE COMMISSION The item before the City Commission is a presentation by the SPIRIT committee to recognize the quarterly winner for her service, performance, integrity, responsibility, innovation, and teamwork. BACKGROUND The City of Delray Beach implemented the SPIRIT Quarterly Award Program in April 2006. The SPIRIT Program's main objective is to award the efforts of employees who provide outstanding quality service to our City. Winner for this quarter is: Amy Brown -Police Department The following SPIRIT Committee member will conduct the presentation: Jeff Miller, Police Department s~ .~ ~ ~~~ r j `, /"~, ~~a ~~ l','F' ~ ~'k' \-' 1 n 4 ~ ~ ,, '~,.~\f v~N .E. ~'„~ IN TFIE pC'~~ u%>~~- S.P.I.R.I.T. Award Program Nomination Form Nominee Tnformafiion: Nome Amy Brown Department Police Dispatch Supervisor Katie Hartman Phone # 9~.1 Nominator Infarmatian: Name Jeff Miller Department Police Date 42-02-08 Phone # 561-243-7840 Signature Using the S.P.I.R.~.T, guidelines, describe reason for nomination inane or more categories: X © Service -Providing exceptional customer service to other departments, employees, and/or citizens of Delray Bench. ® Knowing your customer by listening and understanding their needs, expectations and concerns. Being sensitive to their ¢eeiings and addressing customer appropriately. • Following up with a timely response to coils and requests. ® Taking the time fio explain an action or a'rN0" response. X © Performance is measured by: Setting realistic priorities, developing plans, Inking action in a timely fashion, paying attention to details and doing it right the first time. Anfiicipnting problems and identifying opportunities, developing regular status reports and providing updates on projects and ma jar tasks. Being a sfieward of the public dollars by using resources efficiently and effectively, and evaluating your performance by customer satisfaction. Nominations must be submitted to Human resources SY the 1~ Friday of the months of; bctober, January, April, July. C:~ocumenU and Settings~lvii4ler.~lDesktoglAmy gown quarterly norr:ination.doc Nomination Form. -~ Page 2 X ^ integrity: o Respecting others, being courteous and polite. • Keeping your commitments, being hnnest, direct, and firuthful. Acting professionally and ethically. . Being loyal to the city and acting an what is best fnr the city. ~ Responsible: . Taking ownership of ynur work task and problems. ® Represent the City in a positive manner; appearance, workspace, equipment, etc. ® Being prompt fnr work, meeting deadlines. © Innovative ® Looking for new and better ways fio do your ,job. Thinking creatively - outside the box. ® Use new approaches to delivering services and to solve a problem. 3< © Teamvuork: ® Cooperating with others, by going beyond ynur role to help the team. . Keep others informed and involving others in your work activifiy when appropriafie. • Sharing the credit and recognizing fihe contribution of afihers. The above are examples to assist you in the nomination process. Use the reverse side of this form for additional comments. ~ou~ irpu~ es impo~~c~~i~ arch vaiued€ Qriginal: l~fumar Resources Copy: Nominee Nominee's Supervisor I~lar~inatiatts ~raust be subtrtii~ted to i~~aman Rescaurce~ ~Y the 1~ Friday of the rrranths a$: CA~tabe~°, Jar~ua~y, ~pr°i!, July. Spirit Committee Fram: Officer Jeffrey A. Miller District one day shift Date O 1-02-2009 Spirit Award Nomination I would like to nominate police dispatcher Amy Brown far the quarterly spirit award. Without mentioning a name in a sensitive issue. Jt was found that a department employee who daily promotes the true meaning of Spirit came under severe financial difficulties. This employee never asked anyone for help and still under financial problems such as falling far behind on his car insurance, car repairs that were required to get to work, monthly rent payments as well as the stress of the holiday season coming on ,still maintained an upbeat attitude. Dispatcher Any Brown somehow found out that the employee was having difficulty. Amy took out of her own pocket 5600 and gave this errrployee the money to help him during these hard tinnes. To put even a sweeter touch to this generosity Amy also donated $100 to two needy familys provided by Sgt. Saunders Generosity unprovoked and of a glowing heart gives the meaning of the HOLIDAY SPTRIT. MEMORANDUM TO: Mayor and City Commissioners FROM: Susan A. Ruby, City Attorney DATE: January 16, 2009 SUBJECT: AGENDA ITEM 8.A. -REGULAR COMMISSION MEETING OF .TANUARY 20, 2009 RATIFICATION OF INTERLOCAL AGREEMENT AND APPROVAL OF TEMPORARY CONSTRUCTION EASEMENT ITEM BEFORE COMMISSION The item before the Commission is to seek ratification of an Interlocal Agreement between the South Central Regional Wastewater Treatment and Disposal Board (SCRWTDB) and the City of Boynton Beach which allows for construction and transfering ownership of a regional force main. In addition, a Temporary Construction Easement between the City of Delray Beach and the City of Boynton Beach is before the Commission to permit construction of the force main. BACKGROUND The City of Boynton Beach needs to install a portion of a regional force main on SCRWTD Board Property to improve sanitary sewer utility services within the City of Boynton Beach and thus seeks a temporary easement to construct the force main. Once Boynton Beach constructs the force main, it will then convey the portion of the force main on the SCRWTD Board Property to the South Central Regional Wastewater Treatment and Disposal Board. The City of Boynton Beach will warrant the force main for a period of one year after the delivery of a bill of sale for the improvements. RECOMMENDATION City staff recommends approval of the Temporary Construction Easement between the City of Boynton Beach and the City of Delray Beach and Ratification of the Interlocal Agreement between the City of Boynton Beach and the South Central Regional Wastewater Treatment Disposal Board. Prepared by Bc Retum to: David N. Tolces, Esq. Goren, Cherof, goody & Enrol, P.A. 3099 E. Commercial Blvd. #200 Fort Lauderdale, FL 33308 ACN: TEMPORARY CONSTRUCTION EASEMENT THIS TEMPORARY CONSTRUCTION EASEMENT ("Easement") made this _ day of , 2009, by and between the CITY OF DELRAY BEACH, a Florida municipal corporation whose mailing address is .100 N.W. ls` Avenue, Delray Beach, FL 33444, {"Delray"} and the CITY OF BOYNTON BEACH, a municipal corporation of the State of Florida, whose mailing address is l0Q East Boynton Beach Boulevard, Boynton Beach, Florida 33435-7934 ("Boynton"). RECITALS Whereas, Delray and Boynton are the owners of the land described in Exhibit "A" attached hereto {the "Board Property"), and Whereas, Delray and Boynton collectively comprise the Board of the South Central Wastewater Treatment Disposal Boaacd, which operates the wastewater treatment facility located in the City of Boynton .Beach; and Whereas, Boynton has requested that the South Central Wastewater Treatment and Disposal Board ("Board") grant a Temporary Construction Easement to allow Boynton to install a regional force main on Board's Property. Now, therefore, for and in consideration of the sum of TEN DOLLARS {$10.00) to the Board in hand paid by Boynton, and various other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Board does hereby grant to Boynton, anon-exclusive Temporary Construction Easement upon the real property legally described in Exhibit "B" attached hereto and. made a part hereof ("the TCE Easement Premises"}. The rights granted pursuant to this Easement shall be limited to the right to utilize the TCE Easement Premises .solely to install a regional force main (the "Project"}. The regional force main shall be installed in the portion of the TCE Easement Premises legally described in Exhibit "B" attached hereto and made a part hereof. This Easement shall include the right of ingress and egress thereto, over, across, through and upon that parcel of land depicted in Exhibit "B" attached hereto and made a part hereof. The. rights granted pursuant to this Easement shall expire and this Easement shall automatically terminate upon the earlier of Boynton's completion of the Project or seven hundred and thirty (730} days after the Effective Date. Notwithstanding such. automatic termination, Boynton. shall promptly deliver to Board a Release of Easement, in a form satisfactory to Board, upon completion ofthe Project, if so requested by Board. 1. Conditions to Ri ht of Usa e. Boynton shall obtain from Board and any other necessary governmental entities written approval of all plans relating to the construction of any improvement within the TCE Easement Premises prior to commencement of construction thereof. A11 improvements shall be constructed at Boynton's sole cost and expense and within the confines of the TCE Easement Premises in accordance with the approved plans and all permits and applicable statutes, rules, regulations, codes and ordinances. Boynton shall give Board ten (10) days written notice prior to commencement of construction; Boynton shall not be entitled to construct any improvements within the TCE Easement Premises other than those specifically identified herein. Boynton acknowledges and agrees that the use of the TCE Easement Premises shall be limited to Monday through Friday during the hours of 7:Op. A.M. through 5:00 P.M. Boynton also acknowledges and agrees that no construction shall take place upon the TCE. Easement Premises during any holiday when Board offices are closed. 2. Location of Existing Utilities and Repair of Damage. Prior to exercising the rights conferred hereunder, Boynton or any party acting as its agent, shall locate the utility facilities within. the TCE Easement Premises and shall conduct and coordinate with all utilities that have- facilities within the TCE Easement Premises. if Boynton causes any damage to any existing utility facilities, including, but not limited to sewer utilities, Boynton shall, at its sole cost and expense repair such damage. 3. Use Limitation. Boynton acknowledges and agrees that the rights granted by this Easement are and shall. be strictly limited to those specif ca11y granted herein and that Boynton may not utilize the TCE Easement Premises for any purpose not specifically permitted hereby, including, without limitation, staging or storage of construction equipment or materials. 4, Maintenance Re air and Restoration. Boynton shall be solely responsible for and shall, at all times, maintain and repair at its sole cost and expense the TCE Easement Premises and all improvements currently existing or constructed hereafter therein during the term of this Easement. Boynton shall be solely responsible for and shall, at its own cast. and expense, promptly repair any damage arising out of Boynton's exercise of the rights granted hereby and restore any improvements or landscaping now existing or constructed or installed hereinafter within the TCE Easement Premises to the condition it was in prior to such damage, using materials of like kind and quality. In the event that Boynton fails to fulfill these obligations, Board may complete the work and Boynton shall reimburse Board for all costs and. expenses incurred as a result of such 2 failure. S. Other Obligations. Boynton agrees to diligently pursue all work performed hereunder to completion and to exercise the rights. granted hereunder in a manner that does not unreasonably interfere with and minimizes the impact on the. Board's use of the Board's Property. 6. Personal Property. Board shall have no liability or responsibility whatsoever for Boynton's improvements, equipment, personal or other property, nor that of any other person or entity, placed upon or located within the TCE Easement Premises. 7. Prohibition Against Liens. Neither Delray's nor Boynton's interest in the TCE Easement Premises shall be subject to liens arising from Boynton's or any other person or entity's use of the TCE Easement Premises, ar exercise of the rights granted hereunder. Boynton shall promptly cause any lien imposed against the TCE Easement Premises or the Board Property to be discharged or bonded. off, pursuant to Chapter 255.05 and Chapter 713 of the Florida Statutes. In addition, Boynton shall require all contractors to furnish a payment and performance bond in accordance with Florida Statutes Section 255.05, naming Boynton as the obligee. The required payment and performance bond shall be delivered to the Board prior to conunencement of construction. 8. Insurance. Boynton shall require the Contractor to provide, maintain and keep in full force and effect. insurance as provided in the Interlocal Agreement between the Board and Boynton which, Interlocal Agreement pertains to, among other things, this Temporary Construction Easement. 9. Indemnification. To the extent permitted by law, and subject to the Iimitatians provided in Section 768.28, Florida Statutes, Boynton, its successors and assigns shall indemnify, defend and hold the Board and Delray harmless from and against any damages, liability, actions, claims ar expenses (including reasonable attorney's fees and expenses at trial and all appellate Tevels) arising out of the exercise of the rights granted hereby .and use of this Easement by any person wharnsoever, including, without limitation, loss of life, personal injury and/or damage to property arising from or out of .any occurrence in or upon the TCE Easement Premises or access routes or in connection with the. use or operation of the TCE Easement Premises or access routes. 10. No Dedication. The grant of Easement contained herein is solely for the use and beneft of Boynton, and Boynton's authorized agents and employees, and is not intended, and shall not be construed as a dedication to the public of any portion of the TCE Easement Premises for public use. 11. Time of Essence. The. parties expressly agree that time is of the essence. in 3 this. Agreement. 12. Matters of Record and «~ Is". Boynton hereby accepts the TCE Easement Premises without warranty or representation and subject to zoning and other governmental restrictions, matters reflected on any plat relating to the TCE Easement Premises, and all other easements, restrictions, conditions, encumbrances and other matters of record. Boynton also hereby accepts the TCE Easement Premises "As-Is", without warranty or representation and Board or Delray shall not be responsible or liable to Boynton for any reason whatsoever, including. without limitation, any claims for compensation or any losses, whether caused by vandalism, theft, or physical conditions of or in the Easement Area, whether on the surface or underground, including stability, moving, shifting, settlement of ground, or displacement of materials by fire, water, windstorm, tornado, hurricane, act of God or State of war, civilian commotion or riot, or any cause beyond the control of Board or Delray. 13, Non-Discrimination. The parties agree that no person shall, on the grounds of race,. color, sex, national origin, disability,. religion, ancestry, marital status, gender identity or expression, or sexual orientation be excluded from the benefits of, or be subjected to, any farm of discrimination under any activity carried out by the performance of this Easement. I4. Construction. The terms of this Easement shall not be strictly construed against one. party as opposed to the. other party based upon who drafted it. In the. event. that any section, paragraph, sentence, clause, or provision hereof be held by a court of competent jurisdiction to be invalid, such shall not affect the remaining portions of this Easement and the same shall remain in full force and effect. 15. Entire Understanding. This Easement represents the entire understanding between the parties and supersedes all other negotiations, representations, or agreements, either written or oral, relating to this Easement. lb. Notices. All notices and elections (collectively, "notices") to be given or delivered by or to any party hereunder, shall be in writing and shall be {as elected. by the party giving such notice) hand delivered by messenger, courier service, or national overnight delivery service (provided in each case a receipt is obtainedj, telecopied or faxed, or alternatively shall be sent by United States Certified Mail, with Return Receipt Requested. The effective date of any notice shall be the date of delivery of the notice if by personal delivery, courier services, or overnight delivery service, or on the date of transmission with confirmed answer back if telecopier or fax if transmitted before SPM on a business day and on the next business day if transmitted after 5P1VI or on a non- business day, or if mailed, upon the date which the return receipt is signed or delivery is 4 refused or the notice designated by the postal authorities as non-deliverable, as the case may be. The parties hereby designated the following addresses as the addresses to which notices may be delivered, and delivery to such addresses sha11 constitute binding notice given to such party: Board: Executive Director South Central Wastewater Treatment and I?isposal Board 1801 N. Congress Avenue Delray Beach, FL 33445 Telephone: 561-272-7061 Fax: 561,- 265-2375 Boynton: City of Boynton Beach Attn: Utilities Director 124 East Woolbright Road Boynton Beach, Florida 33435 Telephone: (561j 742-6404 Fax: (561j ~xx-xxxx Delray: City of Delray Beach City Manager 100 N.W. lst Avenue Delray Beach, FL 33444 Telephone: (561) 243-7800 Fax: (561) 243 Any party may from time to time change the address to which notice under this Easement shall be given such panty, upon three (3j days prior written notice to the other parties. ~7. Default. In the event Boynton fails or refuses to perform any term, covenant, or condition of this Easement far which a specific remedy is not set forth in this Easement, Delray and Board shall, in addition to any other remedies provided at law or in equity, have the right of specific performance thereof: 18 Governin Law & Venue. This Easement shall be governed by, construed and enforced in accordance with the laws of the State of Florida. Venue in any action,. 5 suit ar proceeding in connection with this Easement shall be in a state court of competent jurisdiction in Palm Beach Board, FIorida. 19. Prohibition A ainst Assi nment. This Easement may not be assigned by Boynton. Any assignment made by Boynton shall be -void and without Legal effect. 24. Effective Date of Easement. This Easement is expressly contingent upon the approval of the City Commission of the City of Boynton Beach, and the City Commission of the City of Delray Beach, and shall become effective only when signed by all parties. 21. Reservation of Rights. Delray and Board hereby retains all rights relating to the TCE Easement Premises not specifically conveyed by this Easement including the right to use the Easement Premises and any improvements now existing or constructed hereinafter therein, and the right to grant to Third parties additional easements in the TCE Easement Premises or the right to use the improvements therein: REMAINDER OF PAGE INTENTIONALLY LEFT BLANK 6 IN WITNESS WHEREOF, the parties have executed this Temporary Construction Easement as of the day and year first above written. Signed, sealed, and delivered in the presence. of ATTEST: By: CITY OF BOYNTON BEACH, a Florida municipal corporation organized and existing under the laws of the State of Florida By: Mayor City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY By; City Attorney STATE OF FLORIDA BOARD OF PALM BEACH The foregoing instrument was acknowledged before me this day of , 2009, by ,the .of ,a (~} who is personally known to me OR (~ who has produced. as identif cation and who ()did (^~ did not take a oath. (Notary Seal) Notary Public, State of Florida Type, print oir stamp name Commission Number; _ My Commission Expires: 7 ATTEST: By: City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY By: City Attorney STATE OF FLORIDA BOARD OF PALM BEACH Mayor The foregoing instrument was acknowledged before me this day of ~ 2009, by ,the , of , a who is personally known to me OR ( )who has produced as identification and who _)did ()did not take a oath. (Notary Seal) Notary Public, State of Florida Type, print or stamp name CITY OF DELRAY BEACH, a Florida municipal corporation organized and e8isting under the laws of the State of Florida By: 8 Commission Number: My Commission Expires: By execution hereof, the South Central Wastewater Treatment Disposal Board hereby consents to and authorizes the grant of this Temporary Construction Easement. Signed, Sealed and Delivered in the presence of: SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND Sign Print Sign _ Print DISPOSAL BOARD By: Chairman ATTESTED BY: Secretary APPROVED AS TO FORM: Boazd Attorney STATE OF FLORIDA )- COUNTY OF PALM BEACH ) I HEREBY CERTIFY that on this day, before me ari officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, personally appeazed and ,the Chairman and Secretary who are (~ personally known to me OR (~ who have produced as identification respectively of the Board named in the foregoing agreement and that they severally acknowledged executing the same in the presence of two subscribing witnesses freely and voluntarily under authority duly vested in them by said. Board. and that the Boazd seal affixed thereto is the true corporate seal of said the Board. WITNESS my hand and official seal in the- County and State last aforesaid this day of , 2409. My Commission Expires: NOTARY PUBLIC Print or Type Name (Notary Seal) 9 EXHIBIT "A" BOARD PROPERTY A parcel of land lying in the Northwest Quarter (NW ~/a) of Section $, Township 4d south, Range. 43 East, Palm Beach County, Florida, said pazcel being more particularly described as follows: Commence at the Northwest corner of said Section 8; thence South 00° 43' 21" East, on an assumed bearing, along the West lane of said Section 8, a distance of 90.0 feet; thence South 89° 48' 45" East, parallel with the North line of said Section 8, a distance of 253.0 feet to the POINT OF BEGINNING; thence continue South 89° 48' 45" East, parallel with the said North line of Section 8, and along the South Right-of--Way line of Lake Worth Drainage District Lateral Canal No. 30, as shown on Sheet 102 of 240 Sheets and recorded. in the Public Records of Palm Beach County, Florida, a distance of 792.0 feet; thence South 81 ° l 8' 45" East, continuing along the said South Right-of Way line of Lateral Canal Na. 30, a distance of 386.25 feet to an intersection with the. Westerly Right- of Way line of the Seaboard Coast Line Railway; thence South 18° 22' 00" West, along the said Westerly Right-of--Way line of the Seaboazd Coast Line Railway, a distance of 1656.42 feet; thence North 89° 48' 45" West., parallel with the said North line of Section 8, a distance of 662.69 feet to an intersection with a line 200..0 feet East of the Easterly Right of Way line of Congress Avenue, as measured along a radial line; thence Northerly, along a curve concave to the West, said curve having a radius of 4.072.80 feet and a central angle of 07° 07' 06", and said curve being 200.0 feet East of, as measured along a radial line, and parallel with the said Easterly Right-of--Way line of Congress Avenue, a distance of 506.00 feet to the end of said curve; thence North 00° 43' 21" West along a line being 200.0 feet East of, as measured at rig~it angles, and parallel with the said Easterly Right-of--Way line of Congress Avenue, a distance of 1125.84 feet to the POINT OF BEGINNING. 10 EXHIBIT `B" TCE EASETI~IENT PRENIISES 11 Wantrnan Group, Inc, Engin eating ~Planning,~Sur veying $En virnnnt en tai 2035 VISTA PARKWAY. SUITE 100 WEST PALM BEACH, FI. 33471 t8~) CERT Na~6091 ~8 ~ LH1 Na57055 0 fax JACK50NVlLL~ - ORLANDD -PORT 57. LUCIE -TAMPA www.wantmangraup.cam ~ SKEIL~W PREPARED F'4R; Ti~E C1>rY OF 60YNTnlV BFACN, FLOIIRlLy4 LEGAL DESCRIPTION; Temporary Construction Easement A 40.00 foot wide strip of land lying In a portion of Section 8, Township 46 South, Range 43 Easf, Palm Beach County, Florida anal being o portion of the lands described !n Official Records Book 2141. of Pags 417 through 4i8 !ncluslve, of the Public Records of Palm Beach County, Florida, and being more particularly described as follows. BEGIN at the Northeast corner of said described lands, sold point being the POINT OF BEGINNING, Thence South 17'39'52" West along the Easterly line of said lands and the Westerly right-of-way line of Seaboard Coast Une Railroad, for 138.36 feat; Thence departing sold Easterly and Westerly Ilne North 72'20'08" West, for 147.27 feet; Thence North 78'40'42" West, for 36.43 fast; Thence South 89'58'08° West, for 186.54 feat; Thence North 00'00'54" Wsst, far 40.00 fast; Thence North 89.59'08" East, for 170.51 feel; Thence South78'40'42" East, for 42.Bi feet; Thsnca South 7Z'20'08" East, for 109.48 feet, said point being on a -ins 40,D0 feet West of and parallel with aforesaid Easterly line of sold described lands and Westerly right-of-way Ifne of said Ssa6oard Coast Llne Railroad; Thence North 17.39'52" Easf along sold parallel lIns, far 89.54 feet, sold point being on a North Ilne of aforesaid described lands; Thence departing said parallel Ifne South 82'00'53" Easf along said North line, fnr 40.58 feat to the POINT OF BEGINNING. Subject to existing easenrenfs, rights-of-way,. covenants, ressrvaflons and resirfctlans of record, if arty. Sold lands lying and situate 1n Palm Beach County, Florida. SNOT ~ SURVEY-DN,SCRIPTION AND SK$'TCH ONLY) SVRVSYQR'S NO".~ES t. tlNe.lss rr tit,~s rHE ~r~urrr~eE ANO rNE n~lr~dnw. Fwsm sEAt of ~ rLOxr~I tram suRVFmR Ah~n unr'pFR s-tPLOrm ar ~Iwnlranr cRnuP, rte, rte ORAwrNG sxerra~4 Put err ~ ~ FGR uenR~unalwf. ~ omr Anne ,s NOT wv.~ Aonmo~VS orr DIElE110h'S ri7 SGERVEY ArAI~S OIR RFF~tr'' tlY OTHER 7id1N fME' sacNrNC PARrr oa Ps~urr>~ a a~,ssrrm wntnour N cah~rr of rFrts srcNrxG a aR PAR71E~ z w+ras sHaxrv Irf~rEar+t wta~ Nor AB5~9C7E0 6Y ~ C,JrAIIP. ANC. fpR FASEAtB~l75 ANA RlCMS-0>:»N61Y OF 3~. G4T11 SFIOWN FlEREOlY itfA5' t~PlLEO FNOAr OTtrLR svsmtnlrQVrs ANO Rots Nor cawsrm-rs A FIELD swuevrx AS stACFI. ~ s~ eASt:u oN Ahr Assuum ~ ALawac ~ wESrERtr ~tr-ar x~r tavF or THE srASaurD ca~tsr tb11E' 1849CRLi4~ suo LrrIE trams sDUrN rr~'sz" WESP AND Au OTHER SHOWN !AF]4EGVH ARE REURVE JNfRETr]l ~ xuuvmaw GROIN, ura. GERnr'rcarE aF acmlaRUArnorv n-w ~ ~s rssuEV ar ~ttt FtORlL~1 t~aARIMENr cF tt Arrgv au~w. Rt:Gtrunorv c>~RTt~c~T><aN: I xtarEeY CEy7rrFr that rh. aEtachad Oaaer~ptbarr ad slYtdr ~ tyres and asrrect ro the hest of my rbrowhdgr and bMkf and that R meats the ANrrbnum Teehnka! standards sat rarth by Uis beard o1 proreasfoneeF And i/uppera Ih p~tar B1Gf7-6, flcrAda Ade»Allstrritlva~Puo'auant ta~~Chopt~' ~i7Z'.OY7 Fhvfdo StalulsA For 7ha fiirri: If4antrrnx! o~ezup, bra BY ~ G~ PtZOFtS~lOlVdAt 'SLlRV~Y01 Ol'FICE AN7C GUIT~ CHECKED I t>DZ ~47E __1 ~ iLSt~ AND MAPPER FLORIDA L1CElVSE hIQ. 5855 03/28/08 JOVE 407887.0f f OF 2 D~ Sti701 CrE' t-~7EAfP M I~ m ~antrnan Group, .Inc. Engineering ~P/anninq +~Surveying ~En ~iranm en tvl 2035 VISTA PARKWAY, SUITE 1010 WEST PALM BEACH, FL 33411 (8$8) 9~09T X22 8091~g (LB No.B7055 0 tox JACKSONVILLE - ORUWDO -PORT ST. LUCiE -TAMPA www.wantmangroup.com ~~ ~ ~~~ PREPARED FOR: i i ~~{ LAKE WORTH DRAINAGE DISTRICT LATER,4L CANAL L-3D _~_~ -- ~_ ~_`_~`~' ~_~~ NORTH LINE N89'S9'06'~ ' S78.4O, 1 Z~ 19Q.51 4,2.s1 Sj l 2'2p• S ~ ~' ro~~. • r sss•59'os'w ' N~a• 1 ! ¢2~ 166.54 r .3 ~ ,N7~.,,_, LAN (AR.B. 270f, PE LEGEND: 40.00'-1 ~ p¢7,~j, 40.00'-~.~` D5 P~'R ~ i 4t7-4f8, P.B.C.i7) ~~ ,~ 1 i -, ~I ~ ~ r Q ~ ~ ~,~ i ~ ~~~ 1 Ij ~ ~ a.R a ~ aff-r.~~ Raoords Book ~ P.B.C.Iq = P~rhn Beaah Covnfy Rgeo-r1a ~ ' P.B. = Plaf .Bank ~ ~ ~ ' R/W ~ R~ ~-of-Way ~J ~ i ~`` +1 ' 1~, DATE REYlSlON:I BY.• S82•pp"~'~' 40.5g• ~+'~~~ ,h S ~ ~ ~~ ~~ "1 1 ~~ Z *~~ v~ ~~ ~ ~ ~~ ParNr of 6EGINNING NORTHEAST CORNER iANDS PER (O.R.B. 2101, PG, 417, P.B.C.R.) N SCALE: 1" ~ 8D' (NOT A SURYEY-DSSCRIPTION~ AND SKI~TCH ONLY) OFFICE AlRf; LE4TE a3/28/08 JOB 4a7B87.Of CHECKED 06Z 5t1EE7 2 OF Z OWG 6670f_G4E T-IIrAdP n INTERLOCAL AGREEMENT This Interlocal Agreement {the "Agreement"} is made this between the CITY OF BOYNTON BEACH, a Florida municipal corporation organized and existing under the laws of the State of Florida, located in Palm Beach County, Florida (hereinafter "City") and the SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT DISPOSAL BOARD, a political subdivision of the State of Florida, (hereinafter "Board"}, each one constituting a public agency as defined in Part I of Chapter 163, Florida Statutes. WITNESSETH WHEREAS, Section 163.01, Florida Statutes, known as the "Florida Interlacal Cooperation. Act of 1 g69" authorizes-local governments to make the most efficient use of their powers by enabling them to cooperate with other localities on a basis of mutual advantage and thereby to provide services and facilities that will harmonize geographic, economic, population and other factors influencing. the needs and development of local communities; and WHEREAS, Part I of Chapter 163, Florida Statutes, permits public agencies as defined therein to enter into interlocal agreements with each other to jointly exercise any power, privilege, or authority which such agencies share in common and which each might exercise separately; and WHEREAS, the Board owns and operates the wastewater treatment facility (hereinafter refereed to as the- "Facility"); and 1 WHEREAS, City is in the process of constructing a regional force main in order to improve sanitary sewer utility services within the City; and WHEREAS, City needs to install a portion of the regional force main (the "Force Main") on Facility property in order to connect the City's regional force main to the. Board's facilities; and WHEREAS, City has requested that Board grant to Gity a temporary construction easement to allow installation of the Force Main; and WHEREAS, in exchange for the Board granting City an easement over Facility property for the installation of the. Force Main, City is willing to, convey the portion of the Force Main constructed within the easement to the Board. NOW THEREFORE, in consideration of the mutual representations, terms, and covenants hereinafter set forth, the parties hereby agree as follows: Section 1. Purpose The purpose of this Agreement is to allow City to use the Board's Facility for the installation of a regional force. main needed to improve sanitary sewer utility services within the City, in exchange for which City will convey that portion of the Force Main constructed within the easement to the Board. Section 2. Definitions The following definitions shall apply to this Agreement: "Act" means Part I of Chapter 163, Florida Statutes. "Agreement" means this InterloeaI Agreement, including any amendments or supplements hereto, executed and delivered in accordance with the terms hereof. 2 "Facility" means the Board's Facility located at 1801 N. Congress Avenue in the City of Delray Beach. Section 3. RearesentativelMonitorin~ Position The Board's representative/contract monitor during the term of this ~ Agreement shall be Dennis Coates, Executive Director, 1841 N. Congress Avenue, Delray Beach, Florida 33445, whose telephone number is {561) 272-7461. The City's representativelcontract monitor during the term of this Agreement shall be Paul M. Fleming, PMP, Senior Project Manager, City of Boynton Beach, 124 East Woolbright Road, Boynton Beach, FL 33435, whose telephone number is (561) 742- 6487. Section 4. Effective DatelTerm This Agreement shall take effect. upon execution by City. The term of this Agreement shall be for a period of three (3} years, and unless otherwise terminated as provided herein, shall continue in full force and effect up to and through the date that City has completed the improvements as provided for in this Agreement, and the date that Board has granted the Force l1~Iain Easement (hereinafter defined) to City allowing City to install and maintain the Force Main on the Facility as provided for in this Agreement. Unless the one (1} year warranty (herenal~er set forth) has already expired when this Agreement terminates, the warranty shall survive ternunation. Section S. Services Rendered The Board will grant the Force Main .Easement to the City allowing City to construct the Force Main needed by City in order to improve sanitary sewer utility 3 services in the City, and in exchange, City shall provide Board with ownership of the portions of the Force Main installed within the Easement Area (hereinafter defined}. Notwithstanding any provision of this Agreement, the Board shall have no obligation under this Agreement or under the Force Main Easement until the City of Delray Beach executes the Force Main Easement. 5ectiom 6. Res ansibilities and Dupes A. Board agrees to provide City with a 40-foot temporary construction easement (the "Force Main Easement"} in substantially the form attached hereto as Exhibit "A" for the installation of tihe Force Main. The Force Main Easement shall be granted over a portion of the Facility as .depicted on Exhibit "B" attached hereto (the "Easement Area"). The City acknowledges that the Easement Area is within the Board's property, and any City improvements within the Easement Area must be coordinated with the Board's representative. The Force Main Easement may be amended upon mutual consent by the City and the Board. The Board shall not be required to expend any funds in connection with the approval, installation, or maintenance of the Force Main. However, after the expiration of the ane (1}year warranty period hereinafter set forth and successful correction of any defects by the City, the Board shall thereafter, at its expense, maintain the Force Main. The Force Main Easement shall include the City's right of access over a portion of the Facility as identified and depicted in the Force Main Easement for the- purpose of installation of the Force Main. City, at all times during the installation of the Farce Main, 4 agrees to conduct its operations in order not to unnecessarily disrupt operations at the Facility. B. Following completion of the installation of the Force Main within the easement, and final certification by aII applicable regulatory agencies,. the City shall convey to the Board that portion of the Force Main located within the Easement Area through the delivery of a standard farm Bill of Sale free and clear of all liens and encumbrances. The City shall agree to warrant the Force Main constructed within the easement for a period of one (1} year commencing upon the date of delivery of the Bill of Sale to the Board. In the event of any defect in the operation of, or workmanship or in the equipment or materials of the Force Main, and upon receipt of written notice from the Board, the City shall promptly take all steps necessary to repair the Force Main located within the Easement Area. In the event the City fails to make the repairs following written notice, the Board may make the repairs and bill the City for the cost of the repairs. Notwithstanding the foregoing,. in the event of an emergency as determined by the Board, the Board shall not be required to give any prior notice to the City and Board shall be authorized to correct any such defect and bill the City for the cost of repairs. C. City expressly acknowledges that City's use of any part of the Facility is secondary to Board's operations at the Facility, and in particular, City acknowledges and agrees that the Board's Executive Director shall review and approve in advance all plans, including, but not limited to location of the Force Main, location of easements, and the construction schedule for installation of the Force Main. 5 D. City shall be responsible for obtaining, at its sole cost and expense, any permits required for the installation of the Force Main. E. City agrees to accept the Easement Area "As Is" without warranty or representation and. Board shall not. be responsible or liable to City for any reason whatsoever, including without limitation, any claims for compensation or any losses, whether caused by vandalism, theft, or physical conditions of or in the Easement .Area, whether on the surface or underground,. including stability, moving, shifting, settlement of ground, or displacement of materials by fre, water, windstorm, tornado, hurricane, act of God or State of war, civilian commotion or riot, or any cause beyond the control of Board. Section 7. BreachlOnnortunity to Cure The parties hereto expressly covenant and agree that in the event either party isrn default of its obligations herein, the party not in default shall provide to the party in default thirty (30} days written natice to cure said default before exercising any of its rights as provided for in this Agreement. Notwithstanding the foregoing, in the event of an emergency, as determined by the Board, the Board shall nat be required to give any prior notice to the City and opportunity to cure. In event of such an emergency the Board shall be authorized to cure any such default of the: City and bill the City for the cost of curing the- default. Section $. Termination 6 In the event of a default by the City, and a failure to cure {except in emergencies when no cure period is required),. this Agreement may be terminated by Board upon ninety (90) days prior written notice to City. Section 9. Enforcement Costs Any costs or expenses (including reasonable attorney's fees) associated with the enforcement of the terms and/or conditions of this Agreement. shall be borne by the respective parties, provided, however, that this clause pertains only to the parties to this Agreement. Section 10. Annual A ro riation Each party's performance anal obliga'on to pay under this Agreement is contingent upon an annual budgetary appropriation by its respective ,governing body for subsequent fiscal years. Section 11. Notice All notices, consents, approvals and elections {collectively, AnoticesQ) to be given or delivered by yr to any party hereunder shall be in writing and shall be {as elected by the party giving such notice) hand delivered by messenger, courier service, or national overnight delivery service (provided in each case a receipt is obtained), telecopied or faxed, or alternatively shall be sent by United States Certified Mail, with Return Receipt Requested. The effective date of any notice shall be the date of delivery of the- notice if by personal delivery, courier services, or national overnight delivery service, or on the date of transmission with confirmed. answer back if by teIecopier or fax if transmitted before 5:00 p.m. or on anon-business day, or if mailed, upon the date which the return 7 receipt is signed or delivery is refused or the notice designated by the postal authorities as non-deliverable, as the case may be. The parties hereby designate the following addresses as the addresses to which notices may be delivered, and delivery to such addresses shall constitute binding notice given to such party: {a) if to the Board at: Attention: Executive Director South Central Regional Wastewater Treatment Disposal Board 1801 N. Congress Avenue Delray Beach, FL 33445 (561) 272-7061 (telephone) (561 265-2375 (facsimile) If to the City at: Attention: Utilities Director City of Boynton Beach 124 East Woolbright Road Boynton Beach, Florida 33435 (561) 742-6404 (telephone} (561) 742-6211 (facsimile) with a copy to: Attention: Deputy Utilities Director City of Boynton Beach 124 East Woolbright Road Boynton Beach, Florida 33435 (561} 742-6401 {telephone} (S61} 742-6211 (facsimile) and: Paul M. Fleming, PMP, Senior Project Manager, City of Boynton Beach, 124 East Woolbright Road Boynton Beach, FL 33435 (561) 742-6487 {telephone} .(561 } 742-6298 (facsimile) 8 Any party may from time to time change the address which notices under this Agreement shall be given such party, upon three (3) days prior written notice to the other parties. Section 12. Delegation of Duty Nothing contained herein shall be deemed to authorize the delegation of the constitutional or statutory duties of state, county, or city officers. Section i3. Filin A copy of this Agreement shall be filed with the Clerk of the Circuit Court in and for Palm Beach County. .Section 14. Liability The parties to this Agreement and their respective officers and employees shall not be deemed to assume any liability for the acts, omissions, and negligence of the other party. Further, nothing herein shall be construed as a waiver of sovereign immunity by either party, pursuant to Section 768.28, Florida Statutes. Section 15. Indemnification City agrees to protect, defend, reimburse, indemnify and hold Board (and the elected officials serving as board members),. and the Board's officers, employees and agents, and each of them free and harmless at all times from and against any and all suits, actions., legal or administrative proceedings, claims, demands, damages, liabilities, interest, attorney's fees, costs and expenses of whatsoever kind or nature whether arising in any manner directly or indirectly caused, occasioned or contributed to in whole or in part, by reason of any act, omission or fault whether active or passive of City or anyone acting under its direction or control, or on its behalf in connection with or incident to the 9 performance of this Agreement. City's aforesaid indemnity and hold harmless obligations, or portions. or applications thereof, shall apply to the fullest extent perntitted by law but in no event shall they apply to liability caused by the negligence or willful misconduct of the Board, its respective agents, servants, employees or officers, nor shall the liability limits set forth in Section 768.28, Florida Statutes, be waived. Section 16. Insurance-City Without waiving the right to sovereign immunity as provided by Section 768.28, Florida Statutes, Ciry acknowledges and represents that City is self-insured for General Liability and Automobile Liability under Florida sovereign immunity statutes with coverage limits of $]00,000 Per Person and $200,000 Per Occurrence; or such monetary waiver limits that may change and be set forth by the legislature. In the event City maintains third-panty Commercial General Liability and Business Auto Liability, in lieu of exclusive reliance of self-insurance under Section 768.28, Florida Statutes, City shall maintain said insurance policies at limits not less than $500,000 each occurrence. City shall add the Board as an "A.dditonal Insured" with a CG 2026 Additional Insured -Designated Person or Organization endorsement, or similar endorsement, to the Commercial General Liability. The Additional Insured endorsement shall read "South Central Regional Wastewater Treatment and Disposal Board, its Board members, Officers, Employees and Agents". City agrees to maintain or to be self-insured for Worker's Compensation & Employer's Liability insurance in accordance with Florida Statutes Chapter 440. 10 City shall maintain property insurance, which would include builder's risk insurance provided by City nr City's hired contractor, while the project is in the course of construction in an amount at Ieast equal to the estimated completed project value as well as subsequent modifications of that sum. City shall have Board added as an "Additional Insured" on the builder's risk. When construction is completed, City agrees to maintain all-risk property insurance for adequate limits of coverage on the building(sj and contents, if any, based on City's replacement cost calculation, or the highest probable maximum loss estimate for the perils of either fire, wind, or flood. City agrees to be fully responsible for any deductible, uncovered loss, or self-insured retention. V~7hen requested, City shall provide a statement or Certificate of Insurance evidencing insurance, self-insurance and/or sovereign immunity status. Compliance with the foregoing requirements shall not relieve City of its liability and obligations under this Agreement. City agrees its self insurance,. general liability, automobile liability, and property insurance Sha1I be primary as respects to any coverage afforded to or maintained by Board. City expressly understands and agrees that any insurance protection furnished by City shall in na way limit its responsibility to indemnify and save harmless Board under the provisions of Section 1 ~ of this Agreement. Section 17. Insurance-Contractor There is attached hereto as Exhibit C the "City of Boynton Beach Risk Management Department Insurance Advisory Form" {hereinafter "Insurance 1I Requirements"}. The City agrees that it shall require its contractor that is installing the Force Main to obtain and continuously maintain in force insurance of the types and amounts of coverages as set forth in the Insurance Requirements. Prior to confractor doing any work on the Facility property or bringing any materials or equipment to the Facility property the City shall (or cause its contractor to do so) deliver to the Board a standard ACORD Certificate of Liability Insurance (ACORD Form 25-5} or other evidence satisfac#ory to the BOARD ("Certificate"), signed by an authorized representative of the insurer(s) reflecting that the contractor has in force the insurance avith the types and amounts of coverages as set forth in the Insurance Requirements. Simultaneously with delivery of the Certificate the City shall (or cause its contractor to do so) deliver to the Board an Additional Insured Endorsement as to the- Commercial General Liability coverage in the form of CG 2026 Additional Insured -Designated Person or Organization endorsement, or CG 2fl 10. The endorsement must be signed by an authorized representative of the insurer and reflect the policy number. The Additional Insured endorsement shall read "South Central Regional Wastewater Treatment and Disposal Board, its Board members, Officers, Employees and Agents" and if the endorsement requires a Scheduled Location or Location of Covered Operations the. Board's address of 1841 N. Congress Ave. Dekay Beach, Fl. 33445 shall be inserted as such location. Compliance with the foregoing requirements shall not relieve City of its liability and obligations under this Agreement. 12 City agrees to require of its contractor that the contractor's general liability, automobile liability, and property insurance shall be primary as respects to any coverage afforded to or maintained by Board. City expressly understands and agrees that any insurance protection furnished by City's contractor shall in no way limit the City's responsibility to indemnify and save harmless Board under the provisions of Section 15 of this Agreement. Section 18. Amendments This Agreement maybe modified and amended by written instrument upon mutual agreement of the parties hereto. Sec#ion 19. Remedies This Agreement shall be construed by and governed by the laws of the State of Florida. Any and. all legal action necessary to enforce the Agreement will be held in Palm Beach County, Florida. In the event City fails or refuses to perform any term, covenant, or condition of this Agreement for which a specif c remedy is not set forth in this Agreement, Board shall, in addition to any other remedies provided at law or in equity, have the right of specific. performance thereof or injunctive relief. No remedy herein conferred upon any party is intended to be exclusive of any other remedy, and each and every such remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute or otherwise. No single or partial exercise by any party of any right, power, or remedy hereunder shall preclude any other or further exercise thereof. Section 20. Time of the Essence 13 The parties expressly agree that tune is of the essence in this Agreement and the failure by a party to complete performance within the time specified, or within a reasonable time if no time is specified herein, shall, at the option of the other party without Iiability, in addition to any other rights or remedies, relieve the other party of any obligation to accept such performance. Section 21. Eaual Opaortunity Provision The Board and the City agree that no person shall, on the grounds of race,. color, sex, national origin, disability,. religion, ancestry,. marital status, gender identity or expression or sexual orientation be excluded from the benefits of, or be subjected to any farm of discrimination under any activity tamed out by the performance of this Agreement. Section 22. Ca bons The captions and section designations herein set forth are for convenience only and. shall have no substantive meaning. Section 23. Incor oration b Reference Exhibits attached hereto. and referenced herein shall be deemed incorporated into this Agreement by reference. Section 24. Severabili In the event that any section, paragraph,. sentence, clause, or provision hereof be held by a court of competent jurisdiction to be invalid, such shall not affect the remaining portions of this Agreement and the same shall remain in full force and effect. Section 25. Entirety of Agreement and Costs t4 This Agreement represents the entire understanding between the parties, and supersedes all other nego#iations, representations, or agreement, either written or oral, relating to this Agreement. The City agrees that it shall pay all costs associated with recording this Interlocal Agreement and the Force Main Easement in the public records of Palm Beach County. Sectran 26. Survival The City's obligations: (i) set forth in Section 6 of this Agreement pertaining to the one (1) year warranty, and, {ii) set forth in Section 1 S of this Agreement, shall survive the termination of this Agreement. IN WITNESS WHEREOF, the parties. hereto have made and executed this Agreement on the day and year first above written. (THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK) 15 CITY OF BOYNTON BEACH, a Florida municipal corporation organized and existing under the laws of the State of Florida By: gy; Janet Prainito, City Clerk APPROVED AS TO FORM .AND LEGAL SUFFICXENCY By: City Attorney STATE OF FLORIDA ) } COUNTY OF PALM BEACH } Jerzy Ta}~lor, Mayor I HEREBY CERTIFY that on this day of , 2009, before me personally appeared Mayor, personally known to me or who produced as identif cation and who did ( ) did not ( } take an oath and who executed the foregoing instrumerlt and acknowledged before me that he executed the same for the purposes therein. Commission No. My Commission Expires.: Notary Public, State of Florida Print Name DNT:dnt H:119941900182.BB1AGREEMI;N"1'8.20091Regional Force Main' ILA with sCRWTDI3 {]-5-09).dae 16 Signed, Sealed and delivered in the presence of: Print Name: Print Name: SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD By: Chairman ATTESTED BY: Secretary APPROVED AS T'O FORM: Board Attorney STATE OF FLORIDA COUNTY OF PALM BEACH I HEREBY CERTIFY that on this day, before me an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, personally appeared. and, ,the Chairman and Secretary who are (~ personally known to me OR (^} who have produced as identification respectively of the Board named in the foregoing agreement and that they severally acknowledged executing. the same in the presence of two subscribing witnesses freely and voluntarily under authority duly vested in them by said. Board and that the Board seal affixed thereto is the true corporate seal of said the Board. WITNESS my hand and offcial seal in the County and State last aforesaid this day of , 2008. NOTARY PUBLIC My Commission Expires: (Notary Seal) Print or Type Name 17 Exhibits to Interlocal Agreement Exhibit "A" _ Temporary Construction Easement Exhibit "B" -Easement Area (Force Main Easement) Exhibit "C" -City of Boynton Beach Risk Management Department Insurance Advisory Form 18 EXHYBTT "A" TEMPORARY CONSTRUCTION EASEMENT EXHIBIT °B" TEMPORARY CONSTRUCTION EASEMENT AREA (Force Main Easement) ~Vantman Group, Inc. Engineering # PI a n n !n g~ Su r veyin q# En vi r o n m e n t al 2035 VISTA PARKWAY, SUITt 100 WEST PALM 9EACH. FL 33411 (~) CERT Nob Q91 ne { LB No.67055 0 fax JACKSONVILLE - ORLANQD -PORT ST. LUCIE -- TAMPA www.wantrnongrarip.com DE'SCR1PT10Al ~' PREPAREp FOR: THE CRY OF BOYNT~N BFACH, FLT??IiTlLl~4 LEGAL DESCRIPTIQN: Temporary Construction Easement A 4~ 00 foot wide stNp of land lying !n a portlan of Section 8, Township 46 South, Range 43 East, Palm Beach County, Flarlda and being a partfon of the lands described In Official Records Book 2101. at Page 417 through 418 inclusive, of the Public Records .of Palm Beach County, Florida, and being mare particularly described as follows:. BEGIN at the Northeast corner of said described loads, said point being the POINT OF BEGINNING; Thence South 17'39'52" West along the Easferly Iine of said lands and the Westerly right-af-way line of 5eabaard Coast Llne Railroad, for 136.36 feat; Thence departing said Easterly and Westerly tins North 72`20'08" West, for 147.27 feet; Thence North 78'40'42" West, for 36.43 feet; Thence South 89'S9'06" West, for 168.54 feel; Thence North 00'00'54° West, for 40.00 feet; Thence North 89'59'06" East, for 170.51 feet; Thence South '78'40'42" East. for 42.61 feat; Thence South 72'20'08" East, far 109.48 feet, sold point being on o line 40.00 feef West of and parolle! with aforesaid Easterly line of sold described lands and Westerly right-af-way Ilne of sold Seaboard Coast Line Railroad; Thence North 1 T39'52'° East along said parallel line, for 89.54 feet, said point being on a Narfh line of aforesaid described lands; Thence departing said parallel line South 82'00'53" East along sold North line, far 40.58 feet to the POINT OF 9,EGINNING SubJeat to existing easements, rights-af--way, covenants, reserv[rtlons and restrictions of record, !f any. Sold lands lying and situate In Palm Beach County, Florida. (NDT A SURYBY-DRSCRIPTIDN AND S`KE'TCH O1VLY) SURVEYOR'S NOTES 1. uotitrss rr niE SrdlYA7'LlRE ANP 1NE aarrrNar. rain s,EAI DF ~ FLarm.1A ua~v suRl+~rnR Anm fd1r E71APLOrEU 6Y '"rm~ air ern rsiaat ~ rA o r~ ~o ~ DELE'r1a~s 1n suRVEY iwws oR REPOIPI'' BY 7ww nrr S1Ch1AYG PAR1Y OR PARTIES !S PROFpBn1ED Wr1NOf1T WRRTEYV CONSENT ~ 71rE SlGNlNG Fi1RTY OR PAR1lE''~. ~ LAND5 SHOWN NEREnYV WEr~ NOT ABSTRACIID B?' W/WIAbIN taR'OtIP, INS FOR 6ASEAf£N1S ANA RIL+VfT~-Ohm N64Y OF 11Et1fktA dC LIATA SHON?V flEREOlN HGLS COAfWLEO F74OV6t 011!117 AVSIRLNfF1VtS AtJD QOES NOT COlJ571r111E A FIELD SLNiVEY AS SUCfI 4, B6AR/NGS BASED OW AN A55[AItED 8FrU0WG ALONG TFAE WESTERLY RJCM aF-119/Y LIME GEF IItE SFABLi~1RD CCIAST LNrdE RAH,RL64q SAtA LIJME t7EAR5 SOU1H 1T3By32' WEST ANO ALL 0>FIBi t~ARlrilf5 SrrON7V HEREgIY ARE RELA77VE TNERET'1L DATE.• REV15lDJV.• ~ xeeNnuAnr cRnliv, a,rc, cERTelrarE of Aun~aRrlAlranr xa APR ~IrG~ LfEPARl~IIENT of Bt1S1lYE8S CERTfFICATION: r ltEREBY L~4lrFY t-rsf fha OHCChCd OesalPpflan and 5lkatch ri 111!! and cerrrct to the boat of my Amordedpa snd bsNef acrd 'that !f mesh the AAralerwn Tashnkor Stemhrrda est ford+ bbyy fhs FAo/Adls BEoard of Profeasror~ Arrd Alep~para !n CheBpt~mr 61G17--f1L FlorAda AdmkdsfrctTve~mpulaumrt to••GYrspfer 4]'~f127 f7wrdc Sratr~lsa. Fbr !fie Finn: Wantrrrsfj ~+P. rna: s .. z BY.' BY' r DATA ~1~.LL~- ~E~pc a, zE~uw, .. , PROFESSIONAL SURVhYDR AND AbiPPER FLORID! LICENSE NOQ 5665 ~ OFF]4CE MRG ' D~4TE [713/2$/0$ JOB 407667.D1 CHECKED DGZ SHEET i OF 2 DWG 8670!-f/E 1-TEAIA Want~nan Group, .Inc, Engineering ~-Pianning ~- 5ur rgeying ~-En ~irorrm en ta! 2035 VIS"fA pARK4VAY, 5UI7E 100 WEST PALA4 BEACH, f'I. 33411 (866) 909--4220 phone (561) 687-1110 fax CERT No. 6091 - LB No. 7055 JACK50NVILLE - ORLAN00 - PORt 51: LUgE - TAIiAPA www.wanimangroup.cam ~~ ~" SIfEI~'H PREpAR~o Farr: THE CITY OdF BCYNTGIIf BEACH. I~LORILt~4 L~4KE WORTH DR,4lNAGE DISTRICT L4TERAL CANAL L-30 ~~'~~~ T- .~_ 40.gg• nroRrfr uHF N89`59'06'~' s78~,~,¢2 1 ~ ~ 170.5 i' ~2.6r • ~ s ,~i~', ~i ~ rU9, ' ~ ~ h~' BE NNG ~' r l ~ _ ~ ,~ "~ NORTHEAST CORNER ~ S89"59'06"W M78 X4'4 ~ r1 ~ ~~ LANDS PER 18&.54' .~ ?~ r~ N rr ~ '~ (O.R.B. 2101, PG, ~ ~1 1 ~~'O~ 417, P.B.C.R.) ~a..ao'-~ ~ r4727~ ~ 4a.oa'-~.~~ 1 LANa5 PER ~ ' (O.R.B. 2101, PG, 417-41&, P.B.C.R.) ~ -~ ~ ~ ~~~ ~~ ~ ~ 1 ~y ~ S ~ ~~ ~ Q~ , ~;~ ! oQ LEGEND: ~ ~ ~ '' i ptR.& ~ Offlcla! Retards 64oak ' P.B.R.= Patin Beach CQUnly Records ~ ' P.B. ~ Plaf Book ~ ~ P0. ar pie ~ R/W ~ R1Bhl-of Way ~' o ' ~~~~ ~ SCALES 1" = 8Q' 110.00' ' `~y,~ ~ , M N (NOT A SUli1~Y-DE5'CR,I3RTION AND Sl~'TCH ONLY} a~rc~ +uRC QarE os/2e/ao~ da,~ 4mss~ nr . CFIECKED vGZ SHEET 2 OF 2 DWG esral_u~ 1-1~ EXHIBIT "C" City of Boynton Beach INSURANCE ADVISORY FORM Under the terms and conditions .of all contracts, leases, and agreements, the City requires appropriate coverages listing the City of Boynton Beach as Additional Insured. This is done by providing a Certificate of Insurance listing the City as "Certificate Holder" and "The City of Boynton Beach is Additional Insured as respect to coverages noted." Insurance companies providing insurance coverages must have a current rating by A.M. Best Co. of "B~" or higher. (NOTE: ~4n insurance contract ar binder may be accepted as proof of insure. nee if Certificate is provided upon selection of vendor.} The following is a list of types of insurance required of contractors, lessees, etc., and the limits requvred by the City: (NOTE: This list is not all inclusive, and the City reserves the right to regtuire additional types- of insurance, or to raise ar !pryer the stated limits, based upon identified risk.) TYPE {Occurrence Based Only) MINIlVIiJ1Vi LIIVIITS RE UIRED General Liability Commercial General Liability Owners & Contractor's Protective (OCP) Liquor Liability Professional Liability Employees & Officers Pollution Liability Asbestos Abatement Lead Abatetent Broad Form Vendors Prenll5eS OpeI'iItIDIlS Underground Explosion 8c Collapse Products Completed Operations Contractual Independent Contractors Broad Form Property Damage Fire Legal Liability General Aggregate Products-Comp/Op Agg. Personal & Adv. Injury Each Occurrence Fire Damage (any one fire) Med. Expense (any one person) 1,000,000.00 $ 1,000,000.00 $ I,000,000.00 $ 1,000,000.00 $ 50,000.00 $ 5,000.00 Automobile Liability Corabined.Single Limit $ 500 000.00 Any Auto Bodily Injury {per person) to be determined All Owned Autos Bodily Injury {per accident) to be determined Scheduled Autos Property Damage to he determined Hired Autos Trailer Interchange $ 50,040A0 Non-Owned Autos PIP Basic Interrnodal Garage Liability Auto Only, Each Accident .$.1,000,004.00 Any AutD Other Than Auto Only $ 100,0.00.00 Garage Keepers Liability Each Accident $ 1,000,000.00 Aggregate $ 1,000,000.00 Excess Liability Each Occurrence to be determined Umbrella Form Aggregate to be determined Worker's Compensation Statutory Limits Employer's Liability Each Accident $ 100,000.00 Disease, Policy Limit $ 500,000.00 _ ..------_ Disease Each Employee _. $ 100,000.00 Property ----------------------------___------------__- ---__---------------- Hotneowners Revocable Permit $ 300,000.00 Builder's Risk Limits based on Project Cost Other - As Risk Identified to be determined INSURANCEADVISORYFORM04 Revised 1012001 MEMORANDUM TO: Mayor and City Commissioners FROM: SCOTT R. ZUBEK, SENIOR PLANNER PAUL DORLING, AICP, DIRECTOR PLANNING AND ZONING THROUGH: CITY MANAGER DATE: January 13, 2009 SUBJECT: AGENDA ITEM 8.B. -REGULAR COMMISSION MEETING OF .TANUARY 20, 2009 FINAL SUBDIVISION PLAT APPROVAL/CENTRES DELRAY BEACH ITEM BEFORE COMMISSION The item before the City Commission is the certification of a final plat to be known as Centres Delray Beach. The plat consists of a 2.32 acre, two-lot retail development associated with the construction of a 15,266 sq.-ft. CVS Pharmacy store and a 57,197 sq.-ft. undetermined retail out-parcel. The subject property is located between N.E. 6~' Avenue (Northbound Federal Highway) and N.E. Str' Avenue (Southbound Federal Highway), south of N.E. 8~' Street (George Bush Boulevard). BACKGROUND On February 27, 2008 the Site Plan Review and Appearance Board (SPRAB) approved a Class V site plan, landscape, and architectural elevations associated with the construction of a 19,000 sq. ft. Office Depot and a 15,266 CVS Pharmacy with a condition that the property be re-platted into two parcels and an abandoned portion of N.E. Gtr' Avenue be aggregated with the property. At its meeting of July 21, 2008, the Planning and Zoning Board forwarded a recommendation of approval to the City Commission for the abandonment of a 20' x 200' portion N.E. 6~' Avenue (Northbound Federal Highway) right-of-way. This is included with this City Commission agenda as a separate item. On September 10, 2008 the applicant resubmitted a Class V Site Plan, landscape plan, and architectural elevations which eliminated the Office Depot building in favor of a sodded, undeveloped parcel for future retail space. The Board subsequently re-approved the Class V site plan and associated components. The plat requirement for the two-lot development is now before the City Commission for final action. REVIEW BY OTHERS The City Engineer has reviewed the plat and determined that all technical comments have been satisfied. RECOMMENDATION Recommend approval to the City Commission for the Centres Delray Beach plat, by finding that the request and approval thereof is consistent with the Comprehensive Plan and meets the criteria set forth in Section 2.4.5(K) (Minor Subdivisions), Section 3.2.3 (Standards for Site Plan and/or Plat Actions) and Section 3.1.1 (Required Findings) of the Land Development Regulations. Attachments: . Location Map • 8.5" x 11" plat reduction . 8.5" x 11" site plan reduction N.E. 11TH ST. j Q N.E. ~ OTF-I ST. Q N.E. 9TH ST. w z EORGE JO' o 0~' U ~ 4~+~ ~ ~ Q ~ w w U =N.E. 7TH CT. ~ ~ r ~ U ti 7TH ST_ G~ a a A OF A P~ ~ ~ ~ DELRA Y BEACH LLl Z Z N.E. 6TH ST. o ~ ~..i > z ~ PUBLIX ~ ~ 0 0 cn z N --~ SUBJECT AREA CVS DEVELOPMENT AND ASSOCIATED RETAIL FINAL. SL7BCIIV151pN PLAT clrr of DELRnr aEACI~, FL PLANNING & ZONING DEPARIMEN7 -~-- DIGITAL BASE MAP SYSTEM -- MAP REF: LMA230. ~~ ~ ~ '~ ~ _ Q W ~ X Q Z O ~' ~ 3 ~ z ~ ~ a ~ z ~ 0 w BUSH BOUL EVARD >; Z a r a a: ~~~ 1 a F~ ~ ~~~ya5yF$g$F~~~ a ~ ag ~ "~° rwn ~ ~~ ~ ~ jJ jai ~ ~ 1 ~ ~ ~~ z~j g a s C7i ~~$~i 6 ~ ~~~~~ ~ ~~ ~ b~ ~N Yi Z ~ LO ~~k'H~~~ o~ ~ ~ a ~~~~ ~ ~ ro ~ ~~ e~ ~ ~ ~ ~ w ~ ~ ~ < ~ ~ g~~~ ~ ~~~~~~~~ a ~~ a ~ ~~ rc ~ y ~~ } ~~~~~~za a r ~ v ~ ~aa ~ ~ ~ ~ ~ rc ~ c ~ xa~~ m ~ a~~~ a=u ~ruu3nv Fus ~ It ~ Lor 5t LoT sa ~nr a~ Inr n O ~2" } ~ yt for sx Im ~ ~ L11i s~ wr m ~ 3 ~ o < ~ for 33 for ~e a Lm w LOT za Z ~' D a Q LOY sti saf aT ~ LoT m LOT to ~~Qa,,.J G ~ wT SS Lor ,e ~ Lm tnr to U m~z?1}L~¢ ~ ~nrLUC~ MWJ~?(LL loTx Lora ~r an Lac t7 ~ ~ ~UJOVM} ~ LOT St X14 Qt' Lm ae loan ~ o~ ~` z m r<JU~V'f• U ~ ~ k rm •, F ~ < ~ ~ Z Lor ee LOT Q LnT as Lor is ~~3 ~°,- ~ /~ w Z ~ Im sa Im u Lor ss for tt ~ ~ ~° ~` n3O Vm~Z ~ ~ ~ LOr IO WT 41 ~ WT 3Y LOT 13 ~~ ~~ ~~ W F R ~ ZYY g~€ n/ ~W~~~~~ ~~~$ a Imm Lar wrs wrtx os ~ ~r 4 ~ W w ~ II. ~ ~ ~~ ~~~ ~ L~nY Lu.a 3W ro 'oN ~1lOtl~~ ~1~81 L 'ON AYMH06l 'BY1 ~3~'~y~ t~ W ~©Qavom~ ~~ yp~ ~a ~ b (rl~p2p~p<. ~~ 63L ~~ Laraz -~~~1d~ F~<OV~~ Q p E ~ ~a~6~€€ (n oZwva~w ~ z w W LL~~Z~p} U zOm<u}i~^zw ~ ~AVM~+'~a a~ a € ~ ~ FtC Z ~ O G a' ~ - ~ ximsr~'~anr LLL4 ~w a 63 z 0 ~ ~ ~ ~ V LL O1171'N ~BYOO 1Byy~ - -~ - ... _ u~n!~ y eciw _ w ao8°LL;O ~~ ~, ~ <r ~~ H < ~ :~-~~ ~, ~o~Q <~Otl) < Z ga~ ~ ~ a # a a ~ ~ ~°~ ~ ~~~~° g ~ ~ >~~ ~ qs ~ aF~ ~ ~ ~~~ ~ °~ ~~~~ ~ ~ ~ ~g ~ ; ~n ~ ~ ~ ~ ~ ~ a ~~~ ~~ ~ ~F x~ ~~~~ ~~~as~~a~a~~~sad ~~~n~Ea"~z~ ~~ ~~ ~a a a~ ~ ~R~~a ~~~ ~ ~ ~~~ ~ ~ ~f~ ~ a `; as ~ ~~ z <~~ ~~ as a a~'~~~~8 a ~- u@~a~ ~~~~ a ~~:~~ ~ ~ "~ m~ ~~~ ~~~ m~~~ ~dga _ 3 °z ~a ma ~ s a ,~~ ~ ~3~ ~ ~~ ~~ ~1~ ~ ~~~ ~~ ~ Q~ _ ~ ~ =~ ~ i ~~~~~ ~ ~~~~~ ~~ ~ ~ ~ ~ ~~ ~~ ~~~e ~~~~~~ ~g~~ ~~~~ ~ ~~ ~ ~ ~~ ~ ~ ~~ ~~~~~ = ss~ ~ ~~~~~n~~~ ~~ ~~~~~~~~ ~3~F~~ ~~~~~~g~~~~~~~~n r ~~gm 9 g~ p~by~ ~~ 7}~ fsgi~~ o~~~~~~s~~~~~~~~~~~ ~~~. ~ ~~~~~~ g~ °ze ~r ~~~ ~ L ~o ~; Y,y i~ ~ p ~ ~ ~ a ~~~~~~~~E~aB~$~~ ~~ ~ ~ yy ~ ~ ~!~ ~ ~n ~d7ar S~~ ~~ R Si a N ~ p 'o ~~ ~ aL ~~~~r" 1 1 'tl'0'fl~'d `LB 'Jd Z'8'd ~° 'TI'~'B'd'LB fld 'L 'e'd N z QO LY ~`~~s~61 ~ I exit-im M ~~A o ~' ~~ °~rwd~ u F as F . aFm n asp ~ p o ~ i- oc _ ~vuL ~ ro ,~ ~ ~. Z ~ a ~ ~I ~ ~` wou~nrNis~ drn ~iiv~wweaYma a F"' 4 J ~ ! '~~ t3f1N3aAV HM1B;3'N1 _ --~ °d ~ _--- ~QQ[LLL aQ ce~,4. _ _- - --~` -ate ---~'~^~-- - -9'~N QVOtI31V3Bi .~s`°~r.s m ~ Z Z } ~ ~ ~ L 'ON ArINHDIH '8-fi p ~ p ~" ttl O ,~ A ~ ""'~ ~"4' a sss ~.° .as°i°e .m xYx W lila6~ I _ - ~ -t~im..,un ~ w ~~~wt=i~~ I~ ~ ~~~~ ~~ ~ ~ 1 g y 1 ~ ' 1 ¢!~ ~ }- A ~ O i ~ < U i I ~ j ~ ~ ca im~ uxaa.eeASUOe ' i } R~ ~ 1 ~ w~ m F~ w ~ ~ pp ~~W~LLO~ ~ ~7~ ~ ~ ~s~wnosru•i ~ ~ A W lV0o~a7~a ~~~ ~ I ~m~ ~ ~nuuv"~C~tl'iP°` ~ ~~~ s ~~1 r~m~~T~ ~aCi I ~ ~7I~ ~~ I S~' ~~a~UNd a~a i I mmi~ ~ m~~ ~ ~~~ U) oZ~oa 3m ~~.~ 1 ~ ~~~ ~ ~ o mw~ ti ~ , ~~ ~ a ~ z~ ~ ~E' W ~~ ?R ~ ~ W 14 ~zV~> 91 ~ ~_ ti3 ~ 1x4 ~ Vas o~^,pam < ~~~ ; ml = ~3 a~ ~~a ~ ~~ Z sn pma~azw 1 I ~~ _~~ ~V ~~ U en" z a~4p~y~jQ 1 f ~ ~i, i 3~g _ ~_ ~ a~ ~o O ~ n ~ ~ ~ ~ i~~~ ~~ . QA 13:5 9 k pJ,JW~a ~wmo~ya aria I ~ ~~ __ ~+ir`~---__~__ W O ~ ~ 'I° "~a ~. ru z I ~I ~S~ ~~ " y` nen a .~~ +wz ------___ CC~~a -~`.L-1_ rc ~~ ~ "~t .re a.irara~gy -- ____`,,,,~-_ _ ~ t t ~ sf wr. zmw .ve -' gx . <Z07 ~~Y~r` '~- r M14 - (9 - ~I ur~~~~'~`w~ + M1 .wn cn + Lc~ 8M _~ON gYOy ~'r'r181 t~ ~~""~° '°~ mot.. T"~'avd°H ~YMHOq{ •8• ~S5 _ (n ~ __ ~ YM Yls y~yl!a5 ~ 0 nq -- __~-`~ I14_R FED S ~ ~pp ~ MAf9N~b-l~py~`-~~~`` 1 ~~~ ~ ~~~ ~~ ~~ ~ ~ ~~ ~ -~--~-~_ ~- ~_°ro~-pra ;sroa xsr~ rrnti Bili' ~ J ~a ~~~ U ~as~~ ~ 0. ~~~~ ~ ~ ~~ ~ ~ ~ ~~ ~b 4 rg ~ ~~ o g~i m LL O ~ xi pp~N ~ V 4 ~ ~ sz :" .ca m~`mo ~~ .. ZQi p<O Z <y(JJ ( ll ~ ~ Q a u. od ' '.~Yt2 V ~ ~ Z Z ~ u - ~- -- fis f Q cop~p 400 (q~J~?a(J W ~i~a~ LYId m ,=i~Ux ~- .-yi~~o -- l t ~ - 4 mwm~<1 ~ ;pOfL7 ~ J aw~7LLfA +~~ fYfpzp a z~oca 4~-I ~~<~UU~iV f~z4 ~ Z as I 4 O~wOfIC?~m W LLn~°z~°}~I § ~~<>~w~ 4 ~ ~~ 1 ; ~mF-fJ~OG y ~ Z ' ~ °~ ~~ J Z o;~`v~oo ~~ ° W ~o~~~~~ m ~' ~ ~ ~ ~ ~ U g~°tiom ~ ~ ~~ SOW}~ a w~ a ~ ~O~a ~ ~ ~Opry '~ s sz r~-- __ U Z B g ~ ~ @ p$p$,55{G ~j ~8:b `~ Q ~ d ~ x ~ SS& a ~~ ~ d ~ m ~~~ -7 A~11~ Q J ~ ~~ 6 n Q.. ~ ~ S ~~~ff ~ li ~~_ ~~ ~~~~ ~~ a>~~ ~° ~ ~ ~~~g~~¢§~~ ~~~~~~ w ~b~ gad ~~ ~~~~ Z~~~~~~s~~~~~~~ ~~~ ~ €~_ ~ ~ =~s<a ~ ~ ~~~~~ ~~n y ~ ~~~ a~ ~~g~ ~a~~ ;~~~~~~~aa~ ~ ~~ ~ Ola A R ~,,~' - {.-- ff „~ I ~ o ~4\~ I ~I&- N ~ f i I g e w ~~\ Y. 'a'~'9'd 'LB fld 'L '6d l1'~'9 i1fl6Nfl409(5 '9 d S,NYIISUfl OHV ~~11~~. $,NY1609 9NY L.3'1171flflq. LI lUl !0 BpLLNOd ~.,~ I~fIN~AY NAfi '3'NI l9 'ON fSYOtl ~1V.1,61~ F 'ON 1lY~HIDIH 'f3Y1 va+rat~ ~a ~aa ___-~-_..~_ L QiSN3U R 13316 'i0E-i0C6 ~1! WIL'a8 dYll ~1N31'IIWa30 ~~Yls 'YORgL A 3iYls --- ~L-_- ~tJ - --~-g- - ~.., - - --- ~'gS ~~ cra. ~ xn.-1; ~>w>M lra~ ~_ cu~a~ 3 1 J Y F A Z .~!~ 3 a v ~§ ~€~I ~ ~~~ ~~ ~~. ~~ 9f SbY~ ~~~s ~~>s ~h xs an ss3x-~ ._ ~ LL,l~d.n..sm1 ~ d C ~~ ~ ~i6 ~~w ~ ~ ~~ ~~`~ z ~ r. g~~a ~~$s$~~~ I I Q~ 3 ~~n g nS t ~a I L..-- Y~ data ~~__~ ~~ W d~~R3~~ ~~~ s s z~ ~~ ~~ ~~~~~ ~ ~~~~ ~~ ~ ~~~~ ~~ 0 ze a~ _ J~ ~~~•: i t ~~ I t a~~ ~~~ I ~~~ I m I I WW f31fN3gY H19 '~N t~ ~~j pYOkl ~ ~ ~+~^~ _ ~ _ _ IAN AYMHpIk 'g'n 31Y161 ll __~___ _ ~-~ _-- ~a------ 3i33 LvM~.-Lenlyf ~ - _ ~_ ~ _ ~ - - - - - WONZlYtI 16Y09 18Y3 Yf,AtiO'Id ~_~ ~' `_~ m~ g' 0 s. s~' MEMORANDUM TO: Mayor and City Commissioners FROM: SCOTT R. ZUBEK, SENIOR PLANNER PAUL DORLING, AICP, DIRECTOR PLANNING AND ZONING THROUGH: CITY MANAGER DATE: January 13, 2009 SUBJECT: AGENDA ITEM 8.C. -REGULAR COMMISSION MEETING OF .TANUARY 20, 2009 RESOLUTION N0.09-09/ABANDONMENT OF RIGHT-OF-WAY ITEM BEFORE COMMISSION The item before the Commission is a proposed abandonment of a 0.09 acre portion of N.E. Gtr' Avenue (Northbound Federal Highway) in conjunction with the development on the Centres Delray plat property. The subject area is located at the northwest corner of N.E. 7~' Street and N.E. 6~' Avenue. This right-of-way abandonment is being processed pursuant to LDR Section 2.4.6(M), Abandonment of Right-of-Way. BACKGROUND N.E. 6~' Avenuelocated between "Hoffman Avenue" (renamed N.E. 7~' Street) and "Frey Avenue" (renamed N.E. 8tr' Street/George Bush Boulevard) was originally platted as a 50' wide public right-of-way. Additional 5' sections of right-of-way were dedicated via deed along the east and west sides of this section of N.E. 6~' Avenue, which expanded it to 60' . On May 11, 1955 an additional 25' of right-of-way along the west side of N.E. 6~' Avenue between N.E. 8~' Street and N.E. 7~' Street, south of N.E. 7tr' Court (now abandoned) was conveyed to the City via a deed for right-of-way purposes. On February 10, 1961 5' of the above mentioned 25' was dedicated to the Florida Department of Transportation (FDOT) for State right-of-way. The remaining 20' x 200' portion of City right-of-way is the subject area proposed for abandonment. At its meeting of February 20, 2008 the Site Plan Review and Appearance Board approved a Class V Site Plan, Landscape Plan and Architectural Elevations for a proposed retail development including a CVS Pharmacy, subject to the condition that the property is platted and the subject portion of N.E. 6~' Avenue is abandoned. The right-of-way abandonment is now before the City Commission for final approval. REVIEW BY OTHERS The City's Environmental Services Department has identified a sewer main located within the subject area; therefore the existing sewer easement that covers the main must stay in place. With the retention of this easement, the City Engineer has no objection to the right-of-way abandonment. The City's Fire Department has reviewed the request and has no objection to the abandonment. Utility provider companies FPL(Florida Power and Light), FPU (Florida Public Utilities), and AT&T Telephoneand have indicated that they have no objection to the abandonment. Comcast Cable has also reviewed the abandonment request andindicated that relocation of their facilities will be necessary. The City has received correspondence from FDOT indicating their approval of the abandonment; provided that 30' of right-of-way remains from the centerline of N.E. 6~' Avenue (west 30') and a 10' easement is provided for existing utility services. The abandonment proposal satisfies both of these criteria. RECOMMENDATION Approve request for the abandonment of a 0.09 acre portion of N.E. Gtr' Avenue (Northbound Federal Highway) located at the northwest corner of N.E. 7~' Street and N.E. 6~' Avenue by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.6(M)(5) of the City's Land Development Regulations. Attachments: . Abandonment Resolution #09-09 . Minor Subdivision Plat Incorporating Abandonment Area . Location Map Z ~ ~ ~~"~ ~ ~ ~ ~ ~ W ~ ~~ II~ ~F<3R~ ~O fv ~g~~Z y~ §~ ~ S ~ ~ 0 ~ u ~~ ~o ~~~~~ ~ ~' ~ ~ ~ ~ ~ Q ~ ~ ~ ~ ~ ~~a~ta~ ~~ a ~~~ H `€c~~r ~ W W ~ ~ ~'~~ FW t d I~L ~ ~ g~gg~ ~ O ~ ~ e Z ~ 2 ~ ~~ O ~~~~ 9 W W Fib Rr% ~ 5~ " ~ ~ a g& ~ F C~ ~~~C U C~ I`o6 ~ ~ ~ ~ ~ IC F~ ~ ~ ~ 1~IY ~fYN3AY H14a '3'N LL ~ inr sl wT m wY u Lor u OdI-ol ~ Q Z Y wT ~ saT as wr za tm of ~ ~ ~ ~ E ~ wr rs wr ,a wr as wr xo ^ ~ 0 ? ~ a ~ wr s< tar ,~ ~ Lor xe Lor ca <= a J ~ ~ urt ss wT +a wT lAT 15 ~QUl1LL Q U m¢Z~}~~ ~ ,YIIUa'44 Q aio}pZNO asg g ~W~W7au,. ~ wree wru Tan wrv 6 ~~ w } O W trjU~Opa} ~ wTe~ fAT4a Qt' ~~ wise W ~$~ ~ ••~~ F U W= a r' a ~ V ~ j Z wT ea wT N g wT JO LOS 15 ~ F/'! tle> ~2F¢WZfl wrea faraz wTx wrla = ~ ~~° t.3~O~~x ~ ~ ° wraa moral wry tmis tR ~~ !l/ ~pW~~<F~ ?-~o~ q ~ora~ ~ wru wriz ~~ ~~~x LL a ~; a III W ~ /~^~ ~'~ ~ ~ ~~ ~ i3fY~l3AY F11Y '3W f9 'ON QYOI! ~Y181 l 'ON AYNINOl1 'S'fE J ~ ~~Itl e W MOO ~v ~L ~~ ~~ m~xne lOYON ~~~~s ~~ ~yFOZQd'a ~~ ~~ ~ wraz -7~~~~'~ ~Mm~OSV Z ~ W ~45~8~1= /~ F aalua< ~ V / OZ~Cf¢Tym J Z W o^e<~°~ ~ ` ~~ ~ m ~ m~~~m~ _ ~' ~ ~ ~ ~e ~- O ~ ~ z w ~ ~AY~ 'B~o oaa ovoil a1Y z F ~ ~ W ~ ~ ~ - ~ rune waaz A~M4AY 3414 gyp a Z O ~ O Q r o O OHi1R! leYpp +.8ra ~~ -may _ . ~ _ +iM[ s9~~ . W<OU~~m} r U =~-n F g O ~ ~ ~ oo O ~~ aka a~w~a -•---~---•----~-~-M,.~.~e- ~ ~ ,e ~O~o <QZ~ Iy ~a~ ~ ~ ~~~ itib~ 8 e ~ ~~ ~ ~ ~~E;'~~ R 3° s~ ~~~ -_ ~aa~ ~~~~g~`~gs ~~~,~ ~~~~aQ fig- ~ ~ ~ ~~~~~ ~~ ~ m ~ ~~~~ass ~` ~ s ~ ~~^ ~ ~~ ~~ ~ ae ~ ~u~ s Ir ~fl ~~§~ ~ ~~a~ <~• ~_•§"gyp ~~ x, ~ ~ €~ ~6 a ~~ ~~g~ ~~~ ~~~$ 8~ g~Y' glSr~-k~~~,t<~~'g~yk~~n~~~ ~~ ~~ ~ ~ w ~~~~n E ~ ~ ~ a` ~ is r:a` ~ ~~ ~ g ~ ~ ' ~~ ~~=~ ~~~~~~~`~~~~~~~~~~°~~~~~~~~~~~~~ ~~ ~~ o~ ~~ ~ ~ ~~~ e~ ~~ s ~ and ~ ,g~ ~ ~€~d ~~ ~ ~>~ ~~aa ~$~°~gaa~,E 3~a~€~~~_~~~ ~ s N ~ ~s a•a~~~~ L ~°aa ~ ~d `~y ~~ ~~ ~ ~~ ~~d ~- a~ y~ 3~a a~a~~ ~~ "' p, ~ ~ ~~~ r~~~ ~~ ~ $ n ass ~ a ~~ i° ~. t ~6 ~a ~~ ~~ ~~ t~ ~~~ ~ ~ F °m 8~ w O R w y, a Q ~ a N 'S <4Zp m~<mo - oa~F~ U ~~o~u ~. aZ--FF~ Q ~O j0 tl10 A F}O~w~' MO~OV~~ <JUI ~ °><¢O~~ w ^~fl~~~2 3~,_~ ~ ~wm>i~~ ~ zona~~ ~ awZ7pGdD~ W room ,,.~ cvQZ<Qpa ~ ~M~~o=~ Fo~o~z< (n oZwCSa~w W O~O`~OE Z~<}~~J ~~FWwOo aaa?~~- z o~,ooFUO w~o~~o~} F U om~o o- °4 w rs,~~ ~LL~~a o~o~o L ~~Z~ '~~ a w~ U ~ ~ - 6 ~ ~;~ T ~~ ge ~~ ~~ j g~~ € c~ ~~y~~~ a~~~ [~ p~i~ ~ ~~~~ Z ~~ 3 a W7~~~~~ ~n~~~ ~ d ~ ~ I ~~~~~E s~m~ 'I~ 1 ~ ~} e i ~~, ~~~ ~ ~ ~~~ _~ ~ ~ ~~~ ~ I ~ ~m!~ ~ ~~a j f ~; =o!, i I ~~ ~ ~ ~F~~~ ~~~~~e ~~~~ ~-g~ h ~~ ~ ®~~~ ~s ~ ~~ 5 ~ ~~ ~ °~ ~ ~ ~~~~ ~g~~ ~g~~~~~~~~~~ s'~~Sg ~d' ~~,~5~& ~ ~ t ~ ~~~~ ~~~~S~~g~~~~>~ g ®~~~ ~~~~g~~~~~~~~~ t0 ~ R R r i ~4 ,'~tly~y'~0.pF~O~gBpllS~'B'd t s" t9 107 ~ 3gLL ~ rvv~~~9~ -- ~ b«-~ ~r ~,~ ~ ~~r. ~~~.. ~_~..~~ - -a'a-e'd'LB9d't'A'd ~ NpI51M1ltl9115 w x~7 - I . ~ sr LrB ~~ ~ ~ ~ ~ ~ - ~ ~,~ p .. sari aw ~ ea tai eo rpaaod ~~ O s I E ' <s ~ L ~, ~ ~ ~ Ir W ~ I CY~ 9<~r _~- i ~ w- «. _ ron'e~s~ryinryn~ei~s7~~~d S' 6Y~ ~615~FA7d~ d ~~~ X02 . o ~~~'"~5 ~ ~ 4 ~ -- ~vu ru • ~ ~ 4~ ~'a - --- ~ ~ sun~n a'rsv~ ----_--_ ~ --u~- w ~ ~•wa r ~s .3.~ ,... ~~1 ~ ~~~ ~,. i~ ri4~ r~ l 4 r b I ~ ~~~ ~ ~qn ~` f ~~--~--~' yAlRia~~ y~$31YJa - L - - y,,JJ~y --~ avo~r~ ~sroa ie+,.a vvranid J zap ~~ !`¢ ~ yyy 5 a SP ~~ ~ ~~ g ~~ ~~ .~~~~Y ~~~~9 o® a e d 0. ~d~WW j ~ q~ & Wi~dn~~r ~s~g 4 f S ~ I 1 rl 7 titij r ~ a~ ~ ~ ~~a ~i ~'-'°m~""'°° a ~@~ ~~~ L}~ O n-w-a rains R ~ ~, g~~~~~~~~~~~~~~~~~~ iL fll = s? F ^r q ~~ r, ~O~N ~e O 'd~'e'a 2e oa x'B•d I ~ ~ $~~"~' ~~~ i ~ (~ ~ b'flre ~~ fl~ ~ d ~~/~pNpOISNi08p17K7rielq i6 = b ~' '~" F" Y ,R ZL lul 3~0 NoLLUOa R" ~° f $ ~~c~im~ I~~' --_------ --_-----_-~ J ^ z~oCO Z ~ ~ ~~nN~n~v H"ie •awr~ ~ ~ ~ ~ ~$~gas~~§~ <S < J J ~ S9 'ON OYOa 31Yia- - p,11. < ~y 4 'ON AY~Fi01H 'SY1 e~a'+~~~z'a'a _ _ ~'+ Q O ~o ~-~.I~~`A' -fir-- ea < ¢~v3d s ,ins v~=wm ~L Lnu~xs ~ $ t n~d v~ ~ ~ 2 Z ? ~ ~-~- ~-rni'k~~a~L _~ -._ am a iwnLareao ~ ~vs vmuvu ao aLr~s & I ~ `~ ~ ~ ~ ~ ~- _ _ agn1, ~ 0 ~ G Z ~ 4 .rarrrr wa~w .w 1Y10i .a-.~~.x ar°~w~^rL~n a. ~ nao~ W w } ~ O ""q »~~ a~ °es~ae~iae » ~ mw A,a ~~' ! - ~ F Q ~va ~-s~~~n • L i ~~ ~~ ~- N O~ d U~ rnn ina r~_ __----'G'am= ~- --- _ u r i y r a ~ ~ V ~ ~- ~ H ~ ~Y4TJL~r11{-n-l~I ~ I F ¢ ~ Z 1 u ~ -6 - ~~ ~ ~- -mom ~Y ., ~ i ~ g ~ ~ ~ ~~ ~ ~ ~ ti3°oomat ~ a ~ g r ~~ ~~ ~~ z $$[[[ z~o~~ ~~ ~ tl 1 tvFZ~p a i ~~Y ! ~ ~ 0. ~~~~.~~~$$ r '~" ~ e Fo~pvz~lyba~ll ~ ; ~3F3 j a ~ ~ o~ OZ~C'iR3~ ~ ~ ~ ~a w ~ ~ ar ~~ ~ r~ <~GQO ~ ~ ~~~ ~ ¢ W LLn ~ JF} ~ ~ ar~~ z ffLq~z~FiL ~~ O i ~~~ W ao~~~~0 ~~ ~ s ~~~ ~ Is A V ~ jfl' i Si ~ a3Jo u.mnOao ~ ~ °~~ g~ ~~ ~ k~ ' ova ~ ~ ~ 0 d .crr.°~v~ ~~ i ~b+i o' lair=, I ~ r aoi-c ~ ~~~. ~ <J~< ~ ~~a $. ~ s ~ ~ as ° - .dti~ ~ yYYL y --181-----,-~---- ! 'ggy ~~ ,^ ~_ ~ ~ ~~ X101 )/!l4{~ ~~ LlUl l~ilti Aff lyl~T i V 1 1 L QTipil y(~ ~ ~ _ _. „y ~ a ~` b 1 -~ dlil b- _ !0 31Y18 0~4 Yv wfl09 .a1u.q co~++ ~~ ~~ ' ~ mom., ~. ~,-~ ~ HlIIOp i6xah ~ ~n ~ ~ +3~1N3gY H14Ti3V AIYMH Hi BOtl B.IYl$1 ~ ~ ~ _ ` -1610- O a ~ ~N ~~ ~ ~~ I "~--~~---f--f'-` f 8~€~91 ~ ~ ~ ars Arx~-nnc~ ~ ~aaa~, J ,~W~Sg~~ U ~ ~~ - _ _ -~. °YOa-liYa tavoo sera Y tZ N.E. I N.E. C O~+/~ G~ Q ~ ~ yP ~i z Q ~ v --~ ~ O -- W ~ k ~. ~ _ o `' ~ : __ ~ ~ _ - ~i _ ~ a J a ~ z ~ w w BUSH BOULEVARD o a ~ } 3 ca _ ~ J Q ~' W p _~ W ti . E. 7TH ~ ~ A CUBA a ¢ ~f- ~ ~ DELRA Y ~' 1O BEA CN >li Iii z z N.E- 6TH ST. a ~ z z ' 0 0 m ~ PUBLfX ~ ~ 0 0 cn z N.E. 7TH CT. Q Prsauecr uuds ............: ~~ ~""'°""'° CVS DEVELOPMENT AND ASSOCIATED RETAIL AF2a ~ ,IlFNT RIGHT-OF-WAY A$ANE}ONMENT: PORTION OF N.1=. fiTH AVE. (NORTHBOUND FEDERAL HIGHWAY) CITY OF DELRAY BEACH, FL PLANNING do ZDNING DEPARTMENT DIGITAL aA.SE MAP 5Y5TEM -- MAP REF: LMA234 11TH ST. Q~ 10TH ST. 9TH ST. ~i Z FORGE ~O' v~ MEMORANDUM TO: Mayor and City Commissioners FROM: Timothy Tack, Project Manager ESD/CRA Richard Hasko, P.E., Environmental Services Director THROUGH: David T. Harden, City Manager DATE: December 30, 2008 SUBJECT: AGENDA ITEM 8.D. -REGULAR COMMISSION MEETING OF .TANUARY 20, 2009 STREET LIGHTING AGREEMENT/FLORIDA POWER & LIGHT COMPANY ITEM BEFORE COMMISSION Request that the Commission approve and authorize the Mayor to execute a street lighting agreement with Florida Power and Light Company (FPL) for removing 24 concrete light poles on Atlantic Avenue between SW 12th Avenue and SW 6th Avenue. BACKGROUND The Florida Department of Transportation (FDOT) has started a Restoration, Rehabilitation, and Resurfacing (RRR) project on Atlantic Avenue from SW/NW 12~' Ave to SR AlA, excluding the section between Swinton Avenue and SE/NE 5~' Avenue which is under City control. The final phase of the City's Atlantic Avenue Beautification Project will be part of FDOT work which will include decorative street lighting fixtures, trombone mast arm traffic signals, drainage improvements and landscaping. As part the RRR project, the existing street lighting will be replaced with decorative street lighting fixtures matching those installed in other areas on Atlantic Avenue. An invoice from FPL for removal of the existing fixtures was received last May in the amount of $26,954.83. The CRA transferred appropriate funding to the City on May 27, 2008. The attached agreement, received on December 17, 2008, is needed to document the requirement to pay FPL for fixture removal. FUNDING SOURCE Funding provided by the CRA. RECOMMENDATION Staff recommends approval ~~r~~ ~ ~•l ~ A r~ -. ~',~ Fiat Account Number. t33~a39-184fl3 FPL Work Outer hfumbec 298T2t38 STREET LIGht7t[dC AGR~MEPtT In acoordance with the foil terrras and conditions, Ct~'Y t~ 9E=1RRY BGH (hereinafter ca>ieded the Custorrrer}, requests on this 3G day of JAAidtARY, 20D8 ,from FLQRIQA POWER & LIGHT COFv1PANY (hereinafter called FPL}, a raarporation organ¢ed and existing under the laws of-the State of Fiorfda, tf~e fo€krr~ing insta[~flan or mod cation of sheet iigiding facilities at (general bnunes) SWINt~i't2~" R1tEhIl3E TO SWIi~W 6'" 1tEi ~ fi3 T TtC R1lENt3E, [coated in ©ELRAY:SEACH, Florda. (city/county} (a} Instai~tion andlor rernavai of FPL-awned facilities described as follows: Lights Irked F'xture Rating F'~xture Type # Ir~s3alfed In Lurr;ens Pales Installed Poles Removed Pole T # Installed Pole T _ # Removed ... Cf3l`•IC 24 l.lghis Removed Fixture Rating Fh~ure Type # Removed in Lurr~ens 5f;0~0 FtPSV 29 Condur~ors Installed Corx~wctors Removed Feet not Under Paving Feet Under Paving (b} Modificatian to existing facil~tes otherthan described above (explain fufly}:- That far and in consideration of fhe cnvenarrts set forth herein, the parties hereto covexxir~t and agree as foNaws: FPL AGREES: Feet not Under Paving Feat IJnder Paving To tnstatl or mod'rfgr the street 14ghting frfcilities dcsr.~ed and identi~t above (hereinafter caked the Stre~ t..i~ting System?, famish tg #tse Custarr~r the electric energy necessary fnr the operation of the Street tigt>t€ng System, and furxtash such other services as are specified in fhis Agreement, all in accordance with the terms of FPtr's currently effective strut lighting rate schedule an file at the Florida Public Service Commiss~sn (FPSC} or ark 5utxci ,Slue street irghting rate schedule approved byfhe FPSC. T$1E GUSTQMER AGREES: 2 To pay a corrtribufion in the amount of $26,954.83 prior to F'PL's initia#ing the requestend tnstatiatlon or modification 3.. To purchase tram FPL atl o€ the electric energy used for the aperatian of the Stmt Lighting System- 4 To be responsibl® for paying, wtsen due, all bids rendered by FPL pursuant to FPL's currently effective sheet fighting rate schedule on file at ~e FPSC nr any successive street fighting rate schedule approved tsy the FPSC, for facili#es and service provided in accordance with this agreF:ment. S. Ta provide access, foal grading and, when requested, good and swfficient easements, suitable construction drawings showing the location of existing and proposed structures, identification of all non-FPL undergrownd facilities witfiin or near pole or trench locations, and appropriate plats necessary far planning the design and completing the constrwction of FPL facil"dies associated vrith the Street Lighting System. 6 To perform any clearing, compacting, removal of stumps or other obstructiens that conflict with construction, and drainage of rights-of-way er easerrtants required by FPL to accommcsdate the street lighting facilities Pf' !S IVIiJTUALLY 81GfdEED TF~AT. IVladif'rca#ians to the facilities provided by i=PL under this agreement, other than for maintenance, may only he made through the execution of an additional street lighting agreement delineating the modiflcatinns to be accomplished h+ladificatinn of FPL street lighting facilities is def€ned as the fallowing: a the addltfan of street lighting facilities: b. the remnval a€ street lighting facilities; and c the removal of street lighting facilities and the replacement of such facilities with new facilities andlar additional faci[i#ies. Modifications viii be subject to the casts iderttifled in FPL's Curren#ly efifective street fighting rate schedule on Elie at tits FP5C, or any successive schedule approved by the FPSC. 8 FPL will, at the request of the Customer, relocate the street fighting facilities covered by this agreement, if provided sufficient right-of-ways ar easements to da sa The Customer shall be responsible far the payment of elf casts associated with any such Customer- requested relocation o€ FPL s#reet lighting facilities Payment shall be made by file Customer in advance of any relocation. S FPL may, at any time, substitute for any tuminaireilamp ins#alled hereunder another lumfnairefiamp which shall be of at least equal lllurninating capacity and efficiency. 30 This Agreement shall be for a term of ten {tt~) years from the date of initiation of service, and, exe~ept as provided Flow, sha{I extend thereafter for further successive periods of five (5j years from the expire#ian of the initial ten [10) year teen ar from the expiration of any externinn therenf The date o€ Initiation of service shalt ba defined as the data the first lights are er-ergized artd bi(iing begins, net the date of this Agreement., This Agreement she#I be extended automatically beyond #tte initial the (10) year term ar any extension thereof, unless either party shall have given written notice to the ether of Its desire to terminate this Agreement. The written notice shall be by certified mail and shall be given not less than ninety (gt1) days before the expiration of the initial ten {10) year term, or any extension thereof, 11. in the event street lighffng facilities covered by this agreement are removed, either at the request of the Customer ar through termination or breach of this Agreement, the Customer shall be responsible far paying tcs FPL err amount equal to fhe original installed cost of the facilities provided by FPL under this agreement Less any salvage value and any depreci~at[on (based an current depreciation rates as approved by the FPSC) plus removal east 12 Should the Customer fall to pay any bills due and rendered pursuant to this agreement of otherwise fall to perform the nbligatians contained in this Agreement, said obligations being material and going to the essence of this Agreement, FpL may cease to supply electric energy or service until the Customer has paid the bins due and rendered ar has fully cured suct€ other breactr of this Agreement Any failure of FPLta exercise its rights hereunder shalt net be a waiver of its rights It is understood, however, that such discnntinuance of the supplying of electric energy or service shall not constitute a breach of this Agreement by FPL, nor si€ait it relieve the Customer of the abiigation io perform any of the terms grid conditions of this Agreement 13. The abligatian to famish or purchase service shall be excused at any time that etther party is prevented from complying with this Agreement by strikes, iockou#s, fires, riots, acts of God, the public enemy, or by cause or causes net under the carrtmf of the party thus prevented from camp3iance and FPL shall not crave the obligation to furnish service if it is prevented from complying with this Agreement by reason of any partial, temporary nrentire shu#-down of service which, !n the sale opinion of i=PL is reasonably necessary far the purpose of repairing ar making more efficient all ar arty part of its generating ar other electrical equipment 14 'this Agreement supersedes all previous Agreements or representatiana, either written, anal or otherwise between the Customer and FPL, with respect to the facilities referenced herein and constitutes the entire Agreement betweanthe parties. This Agreement does not create any rights ar provide any remedies to third parties ar create any additional duty, obligation or undertakings by FPL to third parties 15 This Agreement shall inure to the benefrt of, and be binding upon the successors and assigns of the Custarner and FPL 4B This Agreement is subject to FPL's Electric Tariff, including, but oat limfted to, the Genera! R~€les and Regulations far Electric 5ervirce and the Rules of fhe FPSC, as they are written, ar as they maybe hereafter revised, amended or supplemented. In the event of airy conflict between the terms of this Agreement and the provisions of the FPL Electric Tariff or the FPSC Rrales, the previsions of the i=lectric Tariff and FPSC Rules shall control, as they are now written, ar as they may be hereafter revised, amended or supplemented. fN 1N3"CNESS iNHEREDF, the parties hereby caused this Agreement to be executed in triplicate by their duly authorized representatives to he effective as of the day and year first written above. Charges and Terrns Accepted; CBTY DF f7E[.RAY £~Crd Customer {print ar type name of Organization) By: Signature (Authorized Representative) FL.flRIf]A PC1'N/ER 3 t_tGFiT CDMPANY (Signature) {Print ar type name) V.L. MOCERR (Print or type name) Title: Title: Canstructian Services Re resentative MEMORANDUM TO: Mayor and City Commissioners FROM: Richard C. Hasko, P.E., Environmental Services Director THROUGH: David T. Harden, City Manager DATE: January 14, 2009 SUBJECT: AGENDA ITEM 8.E. -REGULAR COMMISSION MEETING OF .TANUARY 20, 2009 PROPOSED CONTRACTOR PREQUALIFICATION PROCEDURE ITEM BEFORE COMMISSION This item is a proposal for Commission consideration to implement a Contractor Prequalificaiton Procedure which would require contractors to become prequalified with the City before they would be allowed to submit bids on certain types of construction projects. BACKGROUND From time to time in years past, the City has experienced problems with contractors that were awarded work primarily on the basis of low bid. Capital project time lines and costs have been negatively impacted by contractors who have proven unwilling or unable to perform within those basic parameters due to a lack of adequate financial or human resources, or in attempts to expand their business, absent a viable plan for so doing. While our boiler plate bid documents require bidders to provide documentation of their experience and ability to perform the work outlined in the project bid package, that documentation is basic in nature and can often fail to identify problems with past performance or financial condition of a firm that might reflect a higher level of potential risk of poor performance or financial instability than the City may choose to incur by awarding a contract to that firm. The City is particularly susceptible to performance related issues on capital work in a contracting construction economy such as we are currently experiencing. In view of past experience and in an effort to provide adequate assurances that the City will receive the highest quality work for the most competitive cost in administration of its capital program, staff has prepared the attached contractor prequalification procedure based on a similar procedure used by the State of Maine Department of Transportation. Essentially, contractors will be required to complete a questionnaire and submit an application to the City for prequalification in specific fields of construction. The application will be reviewed by a City Committee made up of positions as stated in the procedure. Upon positive findings, the contractor will be notified of his prequalification to submit bids for city work in the particular fields of construction in which he is prequalified. The City will not accept bids from contractors not prequalified through this process. A more detail description of the process will be presented to Commission at the Workshop meeting. FUNDING SOURCE No funding required RECOMMENDATION Staff recommends adoption and implementation of the proposed Contractor Prequalification Procedure. CONTRACTOR PREQUALIFICATION NOTICE CONTRACTORS ARE REQUIRED TO BE PREQUALIFIED WITH THE CITY TO BE AWARDED CONSTRUCTION CONTRACTS FOR CAPITAL IMPROVEMENT PROJECTS LISTED IN THE ATTACHED EXHIBIT. THE CONTRACTOR MAY REQUEST PREQUALIFICATION IN ONE OR MORE OF THE FOLLOWING AREAS: ROADWAY, BRIDGE, PAVING, MARINE, BUILDING AND UNDERGROUND UTILITIES. COMPLEX PROJECTS MAY REQUIRE PREQUALIFICATION IN SEVERAL DISCIPLINES. PROJECT SPECIFIC PREQUALIFICATION REQUIREMENTS WILL BE LISTED IN THE "NOTICE TO CONTRACTORS" FOR EACH CONTRACT. YOU MAY DOWNLOAD A COPY OF THE PREQUALIFICATION APPLICATION FROM OUR WEBSITE AT ,AND SEND THE COMPLETED APPLICATION TO PURCHASING DIVISION CITY OF DELRAY BEACH 100 NW 1ST AVENUE DELRAY BEACH, FLORIDA 33444 (561) 243-7161 HARD COPIES ARE ALSO AVAILABLE FROM PURCHASING PREQUALIFICATION PERIODS WILL BE FOR ONE YEAR. RENEWALS WILL NOT REQUIRE A NEW APPLICATION FORM, BUT RATHER, UPDATED DATA ON BONDING, SAFETY EXPERIENCE, CHANGE IN CORPORATE STATUS OR ADDRESS AND ANY OTHER INFORMATION REQUESTED BY THE CITY. CITY OF DELRAY BEACH CONTRACTOR'S PREQUALIFICATION PROCEDURE 1. GENERAL PROVISIONS 1.1 Applicability and Scope All Contractors must be prequalified every year in accordance with the provisions of this Procedure to be eligible to be awarded Construction Projects, EXCEPT that such prequalification is not required if: A. The Contractor is prequalified pursuant to a separate prequalification process specific to that project; B. The "Notice to Contractors" does not list a prequalification requirement; C. The City waives the requirement for prequalification for good cause shown and in the best interest of the City. 1.2 Definitions Application The "Contractor's Prequalification Application" form prepared by the City to be used to request prequalification and provide information upon which the City will rely. Brid,~e Construction A Construction Project that consists predominately of the construction of a bridge, but that may include non-bridge construction work including Roadway construction, the installation of traffic signals, landscaping, and/or paving. Such projects include all subcontracted work necessary to complete the project. Building Construction A Construction Project that consists predominately of the construction of a building, but that may include non-building construction work including roadway construction, the installation of traffic signals, landscaping, and/or paving. Such projects include all subcontracted work necessary to complete the project. Business Days All days on the calendar except Saturdays, Sundays, and holidays officially recognized by the City of Delray Beach. Claim Any appeal, proceeding, or other process for additional consideration of a Dispute, including litigation, that is initiated by the Contractor and to which the adverse party (example - proj ect owner) did not consent. Committee The Prequalification Committee. Construction Projects Projects being developed by the City as stated in the advertisement for bids with a scope of work that encompasses the construction of on-the-ground improvements including roads, bridges, paths, wharves, piers, buildings, underground utilities and other public infrastructure. It does not include planning, appraisal, design, survey or other engineering services unless such services are to be provided by the Contractor and are specifically within the scope of Work. Contractor Individuals, partnerships, corporations, limited liability companies, joint ventures or other entities that desire to submit bids on Construction Projects. Procedure -Page 1 CITY OF DELRAY BEACH CONTRACTOR'S PREQUALIFICATION PROCEDURE Days Unless the context clearly indicates otherwise, "days" means Business Days. Deliver or Delivery "Deliver" or "Delivery" means Receipt by the person to whom the materials are to be delivered, or their authorized representative. See definition of "Received or Receipt". C~ "City" means the City of Delray Beach. Disputes Disputes include disagreements, matters in question, and differences of opinion between the Contractor (and those working for or through the Contractor) and an adverse party (example -project owner) regarding matters related to the Work including interpretation of and compliance with the contract, compensation and costs, time for performance, and quality. Filing "Filing" means Receipt by the person with whom the materials are to be filed, or their authorized representative. See definition of "Received or Receipt". Fiscal Year October 1st through September 30t~ of any year. Key Personnel Personnel the loss of whom is likely to impact the cost, quality, timeliness, or conformance of prof ect Work provided for the City as reasonably determined by the Contractor. Marine Construction A Construction Project that consists predominately of the construction of marine facilities including seawalls, docks, wharves, piers and related waterside or landside facilities, but that may include non-marine construction work including roadway construction and/or paving. Such projects include all subcontracted work necessary to complete the project. Paving A project that predominately consists of the paving or repaving, but that may include non-paving work including bridge construction, roadway construction, and minor utility extensions/relocations. Such projects include all subcontracted work necessary to complete the project. Predecessor Entities Any individual or entity that was legally organized at any time during the past five years (even if not operating) and that was previously owned, operated, or controlled to a Significant degree by the Contractor requesting prequalification, or that Contractor's owners, officers, or Key Personnel. Predominately Unless the context clearly indicates otherwise, "predominately" means not less than 50% of cost. Prequalification Committee The committee, appointed by the City with primary responsibility and authority to carry out this Procedure. See Section 3.1 of this Procedure. Prequalification Periods One (1) year periods starting and ending on Octoberlst. Procedure The procedure and requirements contained in this Contractor's Prequalification Procedure and the accompanying Application. Procedure -Page 2 CITY OF DELRAY BEACH CONTRACTOR'S PREQUALIFICATION PROCEDURE Project Type The classification of project for which prequalification maybe sought or granted as listed in Section 2 of the Application. Quali ing Bonding Company For projects under five hundred thousand dollars, an insurance, bonding, and/or surety company that is acceptable and satisfactory to the City and which meets the requirements of Florida Statutes Section 287.0935. For projects exceeding five hundred thousand dollars, an insurance, bonding, and/or surety company must have a Best Rating of no less than A-VII. Received or Receipt Actual receipt by either US mail, overnight courier, service in hand, or fax by the person to whom the materials are addressed, or their authorized representative, with confirmation of receipt originating from the such person or their authorized representative. Recreational Facilities Construction A Construction Project that predominately consists of the construction of recreational facilities including athletic fields and associated appurtenances such as irrigation systems, sports lighting and playground equipment but that may include non-recreational construction work including building construction, landscaping, and/or paving. Such projects include all subcontracted work necessary to complete the project. Related Entities All general partners, joint ventures, parent firms, subsidiaries, or sister firms that (a) are currently legally organized (even if not operating), (b) are owned, operated, or controlled to a Significant degree by the Contractor requesting prequalification, or that Contractor's owners, officers, or Key Personnel. Roadway Construction A Construction Project that predominately consists of the construction or reconstruction of a roadway, but that may include non-roadway construction work including bridge construction, landscaping, and/or paving. Such projects include all subcontracted work necessary to complete the project. Significant The level or degree that would be reasonably relevant to a party who is contemplating contracting with the Contractor and who is therefore attempting to determine the qualifications, experience, competence, and trustworthiness of the Contractor. Underground Utilities A Construction Project that predominately consists of buried conduits for the transport of potable water, wastewater, reclaimed water, storm water or other City operated utility infrastructure including sewage lift stations, storm water pump stations or other electricaUmechanical components of a utility system, but that may include non-underground utility construction work paving, curbs, sidewalk or surface restoration. Such projects include all subcontracted work necessary to complete the project. Work The furnishing of all labor, materials, equipment, supplies, services, personnel, and other incidentals necessary for the completion of the project in conformity with the contract documents. Unless the context clearly indicates otherwise, all other words, phrases or terms shall have the meanings contained in the latest version of the City's Minimum Construction Standards. Procedure -Page 3 CITY OF DELRAY BEACH CONTRACTOR'S PREQUALIFICATION PROCEDURE 13 Authority The City has full power in the letting of all contracts for work under its jurisdiction and thus has the authority to determine whether bidders on construction contracts are responsible. Accordingly, the City has approved this Contractor's Prequalification Procedure and hereby delegates all authority necessary to carry it out as provided in this Procedure. 1.4 Contractor Changes The Contractor has an ongoing duty to notify the City Engineer within thirty (30) days of any changes to the information provided in the Application that significantly alters, as reasonably determined by the Contractor, the Contractor's ability to perform the Work required for the Project Types for which it is prequalified. Upon notification by the Contractor or upon discovery by the City, the City may require the Contractor to re-apply for prequalification. Nothing in this Procedure, the accompanying Application, or any communications from the City regarding prequalification shall be interpreted as depriving the City of the authority to disqualify Contractors, or the authority to reject any bid in the best interest of the City, when, in the discretion of the City, changed circumstances have affected the responsibility and/or qualifications of the Contractor. 1.5 Duration of Preaualification Unless disqualified or otherwise barred from bidding by the City or other entity with competent jurisdiction, Contractors prequalified during the window for prequalification (see 1.8 below) pursuant to this Procedure shall be considered eligible to be awarded Project Types for which the Contractor is prequalified for the one year period starting October 1. Contractors prequalifying after the window for prequalification closes shall remain prequalified until the following October 1. 1.6 Termination of Prequalification The City may, in its sole discretion, terminate an award of prequalification to any contractor based on the City's determination that the contractor no longer meets the standards for prequalification. Once a contractor's prequalification status has been terminated, the contractor must wait for a period of one year before applying to become prequalified. 1.7 Award of Multiple Projects to a Contractor If a prequalified contractor is the low bidder on more than one project where the construction work, or portions of the construction work, will be performed at the same time or the contractor is currently working on a construction contract and is the low bidder on another construction project, the City, in its sole discretion may not consider the contractor's bid if the City determines, in its sole discretion, that the award of another contract to the contractor would not be in the best interests of the City. Procedure -Page 4 CITY OF DELRAY BEACH CONTRACTOR'S PREQUALIFICATION PROCEDURE 1.8 Window for Prequalification The time period for prequalification shall be from August 1 to September 30 of each year. If a contractor applies and is determined to be prequalified during this period, the contractor may bid on the project types attached to this application that may be let for bid during the following fiscal year. If a contractor misses the window for prequalification the contractor may apply to be prequalified at any time, pursuant to this Procedure. A contractor shall not be allowed to bid on the construction project types attached to this application until the prequalificationpmcess has been completed. Procedure -Page 5 CITY OF DELRAY BEACH CONTRACTOR'S PREQUALIFICATION PROCEDURE 2. APPLICATION FOR PREOUALIFICATION 2.1 Requirement to Submit A~lication Contractors desiring to be awarded a Construction Project must submit a properly completed Application unless one of the exceptions to prequalification listed in Section 1.1 (A) - (C) of this Procedure applies. 2.2 Application Deadlines 2.2.1 Prequalification Periods Contractors desiring to bid on Construction Projects anytime during the City's upcoming fiscal year should prepare and normally submit an Application between August 1 and September 30. 2.2.2 Application Deadline Contractors desiring to bid on a specific construction project are encouraged to submit a prequalification application as early as possible, however, any such application must be received by the City a minimum of thirty (30) business days prior to bid opening of said construction project. As provided in Section 4 of this procedure, Contractors determined to be not qualified are not eligible for contract awards pending appeal. 23 Project Tykes for Prequalification The Contractor must apply for, and the City may prequalify the Contractor for, one or more of the Project Types listed in Section 2 of the Application. The Project Type for individual projects shall be as stated in the advertisement for bids, or if not stated, shall be determined by the City Engineer. 2.4 Submittal Requirements The Contractor must honestly, accurately and completely supply all information requested in the Application. Applications will not be considered received until the City Engineer has received a properly completed Application including all required supporting data. Procedure -Page 6 CITY OF DELRAY BEACH CONTRACTOR'S PREQUALIFICATION PROCEDURE 3. PREQUALIFICATION DETERMINATION 3.1 Preaualification Committee 3.1.1 Membership The City hereby creates a standing committee, to be known as the Prequalification Committee, with primary responsibility and authority to carry out this Procedure. The City appoints the following City personnel, or their successors, as permanent members of the Committee. Director of Environmental Services, Chair City Engineer, Vice Chair Assistant City Engineer Deputy Director of Construction Assistant City Manager Finance Director In the event that any of the above members are unable to serve, or in the event that the Chair determines additional members would be of assistance in the fulfillment of the duties of the Committee, the Chair may appoint other City personnel to serve as alternate or additional members. 3.1.2 Committee Administration Committee meetings will be called and scheduled when necessary as determined by the City Engineer with the approval of the Chair. A quorum shall consist of at least four (4) members. The Chair shall preside at all meetings. In the absence of the Chair, the Vice Chair may assume all authority of the Chair. The City Engineer or designee shall keep minutes of all meetings, record all decisions, and otherwise document the actions of the Committee. 3.2 Review and Investi ag tion The Committee shall review all information provided in the Application. The Committee or its designees may (a) contact any person or entity necessary to verify and/or supplement any of the information requested by or provided in the Application and (b) review information from other published sources of industry information, information from governments and any other significant information. 3 3 Interview and Additional Information Whenever the Committee determines that the nature or extent of the information provided in the Application is insufficient or indicates that the Contractor is not qualified, the Committee will contact the Contractor to seek additional information and, if desired by the Contractor, to schedule an interview to discuss the specific reasons that have caused that preliminary determination. The Contractor will submit all additional information requested by the Committee. Procedure -Page 7 CITY OF DELRAY BEACH CONTRACTOR'S PREQUALIFICATION PROCEDURE 3.4 Pass-Fail Evaluation S,, s The Committee shall evaluate all the information provided or obtained as a whole on a pass-fail basis to determine whether the Contractor is responsible and qualified. In doing so, the Committee will use the following descriptive categories. QUALIFIED: With respect to the Project Type under consideration, sufficient information exists to determine that the Contractor is likely to build an acceptable project in a timely manner using acceptable processes. NOT QUALIFIED: With respect to the Project Type under consideration, the information demonstrates that it is unlikely that the Contractor can build an acceptable project in a timely manner using acceptable processes. 3.5 Grounds for Determination of "Not Qualified" A finding by the Committee based upon substantial evidence that any one of the following conditions exists shall be sufficient grounds, though not mandatory grounds, for an overall determination of "Not Qualified". The City Manager will approve all Committee findings of "Not Qualified." 1. Unsatisfactory and/or insufficient Contractor experience. 2. Unsatisfactory performance on prior awarded City contracts. 3. Number of personnel with applicable knowledge and experience significantly below industry standards. 4. Insufficient bonding capability. 5. Safety record significantly below industry standards. 6. Environmental record significantly below industry standards. 7. A denial of prequalification or award of contract, disbarment, or other irregularities with respect to any federal, state, or local government or procurement agencies. 8. A pattern of unsupported Claims. 9. A record of excessive change orders or contract additions. 10. Conviction of a bid or other crime or indictment with substantial evidence regarding the same. 11. Deceptive, evasive or fraudulent statements or omissions contained in the Application, made or omitted at any interview or hearing, or otherwise made to or omitted from the City. Procedure -Page 8 CITY OF DELRAY BEACH CONTRACTOR'S PREQUALIFICATION PROCEDURE 12. Other substantial deficiencies that are clearly below industry standards and that clearly demonstrate that the Contractor is "Not Qualified". 3.6 Notice of Preaualification 3.6.1 Time and Contents of Notice If the Contractor submits a timely and conforming Application, the City will deliver to the Contractor a "Notice of Prequalification" once a decision has been made. The Notice will set forth the Project Types for which the Contractor is eligible to bid, if any. If the City determines that the Contractor is not qualified for any or all Project Types applied for, said Notice will also set forth the specific reasons therefore to the extent practical. 4. APPEAL 4.1 Notice of Areal to Ci . Manager To appeal, the Contractor must deliver a written "Notice of Appeal Regarding Prequalification" to the City Manager on or before 4:00 P. M. on the fifth full Business Day after the date of receipt of the "Notice of Prequalification" provided under Section 3.6. Such notice must be delivered to the City Clerk's Office located at 100 N.W. lst Avenue, Delray Beach, Florida. At a minimum, the "Notice of Appeal Regarding Prequalification" must contain: A. The specific errors that the Contractor alleges were made by the City regarding prequalification; B. The specific relief sought; C. A request to submit additional written materials (if desired); D. A request for a Hearing (if desired); AND E. A designation of counsel or any other party that will be representing the Contractor in the appeal (if any). 4.2 Submission of Written Materials Within ten (10) Business Days of the filing of the Notice of Appeal Regarding Prequalification, the Contractor and the Committee must deliver to the City Manager (or such other person(s) as the City Manager may designate in writing), and to each other, all written materials that each party contends is necessary for the City Manager to fairly and objectively evaluate and decide the appeal. Such materials can include evidence or arguments. The Committee's written materials may include a request for a Hearing. 4.3 Hearin If requested by the Contractor, the Committee, or the City Manager or his designee(s), a Hearing will take place within twenty (20) Business Days of the filing of additional written materials by the Contractor and/or the Committee, whichever occurs later, at a time and place determined by the City Manager or his designee(s). The parties will have at least 72 hour advance notice of such Hearing. Procedure -Page 9 CITY OF DELRAY BEACH CONTRACTOR'S PREQUALIFICATION PROCEDURE The Contractor and the Committee shall each be afforded the opportunity to be heard by the City Manager or his designee. 4.4 Decision The City Manager or his designee(s) may leave the record of the appeal open for the submission of further evidence or arguments for up to ten (10) Business Days after the conclusion of the Hearing, or to such other mutually agreeable date certain. If no Hearing is held, the record of the appeal shall close on the date of filing of additional written materials by the Contractor and the Committee, whichever occurs later. Unless the City Manager or his designee(s) reasonably determines that special circumstances exist that justify delay of the decision, the City Manager or his designee(s) will, within twenty (20) Business Days of the closing of the record: A. in writing, revise, modify, or reverse the previous determinations regarding prequalification; B. in writing, affirm the said determinations; C. in writing, state that the City Manager does not intend to take further action; OR D. take no written action, which shall be considered a decision affirming said determination. 4.5 Final Agency Action Any written revision, modification, reversal, affirmation, or statement that no further action will be taken from the City Manager or his designee(s) shall be final agency action as of the date of receipt by the Contractor of such writing. If the City Manager or his designee(s) takes no written action, the City's latest determinations regarding prequalification shall be final agency action as of the date of expiration of the twenty (20) Business Day period for a decision by the City Manager provided in Section 4.4 of this Procedure 4.6 Law and Venue Any action shall be governed by the Laws of the State of Florida and venue shall be in Palm Beach County. Procedure -Page 10 CITY OF DELRAY BEACH CONTRACTOR'S PREQUALIFICATION APPLICATION [Legal Name of Contractor Applying for Prequalificarion, hereafter "Contractor" or "you"] The Contractor Seeks Prequalification By The Following Date (Check Onel Start of Next 1 Year Prequalification Period Bid Opening for the Following Specific Project [List currently scheduled bid opening date, project type, Project Name, and Bid Number] ***************************************************************************** CONTENTS -INFORMATION TO BE SUBMITTED Pale 1. Basic Information 1 2. Application for Prequalification Types 1 3. Organizational Structure & History 2 4. Officers and Owners 3 5. Experience 4 6. Key Personnel 7 7. Bonding 8 8. Safety 8 9. Environmental and Civil Rights Information 10 10 . Certifications Under Oath 11 [City Use Only Below This Line] Date Application Received: Contractor Pregualifed For The Following Project Tyues Bridge Construction Roadway Construction Paving Marine Construction (Wharves, Piers. etc.) Building Construction Underground Utilities Recreational Facilities Construction Date of Prequalification: Applicarion -Cover Page CITY OF DELRAY BEACH CONTRACTOR'S PREQUALIFICATION APPLICATION **************************************************************************** INSTRUCTIONS 1. This Application must be filled out in accordance with all requirements of the City's Prequalification Procedure. The Application and Procedure is available from the City's web site at or from the City's Purchasing Department, telephone (561) 243-7161. Do not attempt to complete this form without understanding this Procedure. 2. Unless you meet an exception listed in section 1.1 of the Procedure, you must be prequalified to be awarded Construction Contracts, as defined. If you seek to be prequalified for a specific project, you generally must apply for prequalification at least 30 Business Days before bid opening. 3. Regarding the time frame after application, the City anticipates that most Contractors will be prequalified within 20 business days of applying. A full appeal process can take about 3 months within the City. Therefore, Contractors are encouraged to apply early. 4. Words or phrases shown with initial capitalization (i.e. Initial Capitalization) usually are defined in section 1.2 of said Procedure. 5. Please print legibly, type, or word process. Sign in ink. When attaching sheets, please place the question number to which you are responding in the upper right hand comer of each sheet and number the sheets. 6. Note that the person signing this Application must swear that the information provided below is true, accurate, and complete. **************************************************************************** 1. Basic Information Name of Contractor: [Same as on Cover Page of This Application] Contact Person(s): Telephone No: Fax No: E-mail: Address: Federal Tax ID No: 2. Proiect Tyues For Which Pregualification Is Auulied [See definitions in section 1.2 of Procedure.] Bridge Construction Roadway Construction Paving Marine Construction (Wharves, Piers. etc.) Building Construction Underground Utilities Recreational Facilities Construction Applicarion - 1 of 11 CITY OF DELRAY BEACH CONTRACTOR'S PREQUALIFICATION APPLICATION 3. Organizational Structure & History 3.1 The Contractor is duly organized under the laws of the State of 3.2 The Contractor has the following organizational structure. Oindividual Ocorporation Opartnership ( )limited liability company Ojoint venture Oother: 3.3 Please provide the year the Contractor (and not any Predecessor Entities or Related Entities) was first organized. 3.4 Please list all Predecessor Entities below (or on attached sheets if necessary). 3.5 Please list all Related Entities below (or on attached sheets if necessary). 3.6 If organized in any state other than Florida or in a foreign country, are you in compliance with all laws and regulations necessary to legally do business in the State of Florida? YES NO Applicarion - 2 of 11 CITY OF DELRAY BEACH CONTRACTOR'S PREQUALIFICATION APPLICATION 4.1 Officers Please list the name, title, and address of current Officers, Directors, Partners, Members, and any other persons with analogous positions, in descending order of degree of control. 4. Officers and Owners Name Title Address [Attach additional sheets as necessary.] 4.2 Owners. Please list the name, address, and percentage of ownership of all persons or entities owning 10 percent or more of the Contractor, in descending order of percentage of ownership. Owner Address [Attach additional sheets as necessary.] Applicarion - 3 of 11 CITY OF DELRAY BEACH CONTRACTOR'S PREQUALIFICATION APPLICATION 5. Experience 5.1 Summary of Contractor Experience With respect to each the following Project Types, list the approximate number of years of experience that the Contractor has as a prime contractor or as a subcontractor with primary responsibility. Project Type Years Bridge Construction Roadway Construction (excluding paving) Paving Marine Construction (Wharves, Piers. etc.) Building Construction Underground Utilities Recreational Facilities Construction 5.2 Most Recently Completed Contracts Please provide the following information regarding the last six contracts completed by the Contractor. Please list in reverse chronological order (most recently completed project first, next most recently completed project, etc.). [Please feel free to provide this information on attached sheets in another format as long as it contains all the information stew. Contract Amount Project Type & Month /Year Name, Address, Location Completed Contact Person & Tel. # of Owner 5.3 Contracts In Progress Please provide the following information regarding all contracts currently in progress, in descending order of contract amount. [Please feel free to provide this information on attached sheets in another format as long as it contains all the information requested.] Contract Amount Project Type & % Completed Name, Address, Location Contact Person & Tel. # of Owner Applicarion - 4 of 11 CITY OF DELRAY BEACH CONTRACTOR'S PREQUALIFICATION APPLICATION 5.4 Provide an alphabetical listing of all state or local government or procurement agencies that have awarded the Contractor (or any Predecessor Entities and Related Entities) a contract during the last five years. 1. 6. 2. 3. 4. 5. 7. 8. 9. 10. [Attach additional sheets as necessary.] 5.5 Liquidated Damages Within the last five years, has the Contractor (or any Predecessor Entities or Related Entities) had liquidated damages assessed against it? YES NO If YES, please provide full details on attached sheets including the per diem amount of liquidated damages, the original contract time, and the number of days for which liquidated damages were assessed. Please feel free to include a written summary of your position on the matter. 5.6 Terminations /Suspensions /Defaults (a) Within the last five years, has a contract of the Contractor (or any Predecessor Entities or Related Entities) been terminated or suspended for cause? YES NO (b) Within the last five years, has another party (e.g. surety) completed Work which the Contractor (or any Predecessor Entities or Related Entities) was originally responsible to perform? YES NO (c) Within the last five years, has the Contractor (or any Predecessor Entities or Related Entities) been considered in default of a contract that was not cured within the time frame allowed by the contract? YES NO Applicarion - 5 of 11 CITY OF DELRAY BEACH CONTRACTOR'S PREQUALIFICATION APPLICATION If the answer to any of questions 5.6(a) -(c) is YES, please provide full details on attached sheets. Please feel free to include a written summary of your position on the matter. 5.7 Denial of Prequalification or Award (a) Within the last 5 years, has any federal, state, or local government or procurement agency denied the Contractor (or any Predecessor Entities or Related Entities) prequalification? YES NO (b) Within the last 5 years, has any federal, state, or local government or procurement agency, after the Contractor (or any Predecessor Entities or Related Entities) submitted the apparent low bid, refused to award a contract for reasons related to the Contractor's qualifications, experience, competence, or financial situation? YES NO If the answer to either of questions 5.7(a) or (b) is YES, please provide full details on attached sheets. Please feel free to include a written summary of your position on the matter. 5.8 Debarments, Etc (a) Within the last 5 years, has the Contractor (or any Predecessor Entities or Related Entities) been debarred for any reason by any federal, state, or local government or procurement agencies? YES NO (b) Within the last 5 years, has the Contractor (or any Predecessor Entities or Related Entities) refrained from bidding for any reason, such as suspension or agreement not to bid, or as part of the settlement of a Dispute of any type with any federal, state, or local government or procurement agencies? YES NO If the answer to either of questions 5.8(a) or (b) is YES, please provide full details on attached sheets. Please feel free to include a written summary of your position on the matter. 5.9 Claims History Within the last 5 years, has the Contractor (or any Predecessor Entities or Related Entities) been a party to a Claim with an originally claimed amount in excess of $50,000? [Please note the relatively narrow definition of "Claim" in section 1.2 of the Procedure.] YES NO If YES, please provide full details for each Claim on attached sheets including (a) whether the Claim was brought by or against the Contractor (or any Predecessor Entities or Related Entities), (b) the nature of the Dispute underlying the Claim, (c) originally claimed amounts, (d) the resolution of such Claims (including the amount) or if unresolved, the current status of Applicarion - 6 of 11 CITY OF DELRAY BEACH CONTRACTOR'S PREQUALIFICATION APPLICATION such Claims, and (e) the name, address and phone number of the primary adverse party who can be contacted for additional information, and (f) a written summary of your position on the matter (if desired). 5.10 Bid or Other Crimes Within the last 10 years, has the Contractor (or any Predecessor Entities or Related Entities), or any officers, owners, or Key Personnel of the same ever been indicted on, convicted of, or plead or consented to a violation of a bid crime including bid collusion or any other crime involving fraud or knowing misrepresentation? YES NO If YES, please provide full details on attached sheets. Please feel free to include a written summary of your position on the matter. 5.11 Quality Control Does the Contractor have a written organizational-level quality control plan (as opposed to project-level plans)? YES NO If YES, please answer the following two questions. (a) What year was it first adopted? (b) In what year was its substance last revised? 6. Key Personnel 6.1 Please provide the following information for all Key Personnel whose duties consist primarily of one or more the following functions: (a) project management, (b) quality control and ~C~ Safety Oversight. [Please feel free to provide this information on attached sheets in another format as long as it contains all the information requested.] Name Job Duties Relevant Licenses Experience Education (a-c above) Or Certifications (# of Yrs) (Degree or #Yrs) 1 2 3 4 5 6 [Attach additional sheets as necessary.] Applicarion - 7 of 11 CITY OF DELRAY BEACH CONTRACTOR'S PREQUALIFICATION APPLICATION 7. Bonding 7.1 Is the Contractor capable of obtaining from a Qualifying Bonding Company a performance bond and a payment bond each in the amount of the bid prices that the Contractor well be Submltting t0 the Clty`? [See definition of "Qualifying Bonding Company" in section 1.2 of Procedure.] YES NO If YES, please attach a letter from a Qualifying Bonding Company that (a) states that the said company meets the definition of "Qualifying Bonding Company" set forth in section 1.2 of the Procedure and (b) sets forth the bonding capacity of the Contractor including a specific dollar amount for single project and aggregate amount. Letters indicating "unlimited" bonding capacity are not acceptable. If NO, please explain why you cannot meet the bonding standards set forth in question 7.1 above on attached sheets. 8. Safety 8.1 Does the Contractor have a written safety program? YES NO If YES, please answer the following two questions. (a) What year was it first adopted? (b) In what year was its substance last revised? 8.2 Does the Contractor hold regular work site safety meetings for immediate supervisors? YES NO If YES, at what frequency? Weekly Monthly Other Applicarion - 8 of 11 CITY OF DELRAY BEACH CONTRACTOR'S PREQUALIFICATION APPLICATION 8.3 For each of the last three (3) full calendar years, provide the following totals from your "Log and Summary of Occupational Injuries and Illnesses" (US City of Labor, Bureau of Labor StatlstlCS, OSHA NO. 200). [Please feel free to attach copies of your OSHA No. 200 logs or to provide this information in another format on attached sheets as long as it contains all the information requested.] OSHA No. 200 Column # Description 3 Yrs Ago 2 Yrs Ago Last Yr Yearly Total Yearly Total Yearly Total 20 20 1 # of Injury Related Fatalities 2 # of Injuries Involving Lost or Restricted Workdays 3 # of Injuries Involving Days Away From Work 4 # of Days Away From Work Due To Injuries 5 # of Restricted Workdays Due To Injuries 8 # of Illness Related Fatalities 9 # of Illnesses Involving Lost or Restricted Workdays 10 # of Illnesses Involving Days Away From Work 11 # of Days Away From Work Due To Illnesses 12 # of Restricted Workdays Due To Illnesses On attached sheets, please feel free to provide other information to aid in the interpretation of the above information including, for example, the ratio of the above line items to total days worked. Applicarion - 9 of 11 CITY OF DELRAY BEACH CONTRACTOR'S PREQUALIFICATION APPLICATION 8.4 Have you had any accident in the past three years that caused over $ 50,000 in property damage? YES NO If YES, please provide full details of each such accident on attached sheets. Please feel free to include a written summary of your positions regarding any of the information provided in this section 8 -Safety. Complete and attach the Safety Supplemental. 9. Environmental and Civil Rights Information 9.1 Environmental Record. Within the last 5 years, has the Contractor (or any Predecessor Entities or Related Entities) been found to be in violation of any federal, state or local environmental law or regulation in an administrative, civil or criminal proceeding in which the fact finder found that the Contractor intentionally or knowingly committed the violation and/or failed to comply after having been notified of the violation? YES NO If YES, please provide full details, including a summary of your position, on attached sheets. 9.2 Civil Ri,~hts Record. Within the last 5 years, has the Contractor (or any Predecessor Entities or Related Entities) had any findings and/or rulings of sexual harassment, discrimination, or other civil rights violations against it? YES NO If YES, please provide full details, including a summary of your position, on attached sheets. Complete and attach the Equal Employment Opportunity/Civil Rights Supplemental. Applicarion - 10 of 11 CITY OF DELRAY BEACH CONTRACTOR'S PREQUALIFICATION APPLICATION 10. Certifications Under Oath By signing below, the person signing below hereby certifies and swears, ON OATH, as follows. L I have personal knowledge of all the information contained in this Application OR I am responsible for the accuracy of all such information 2. The information contained in this Application is true and complete. 3. I hereby authorize the City to contact any person or entity necessary to verify or supplement any of the information requested by or provided in this Application without liability, and I hereby further authorize any person or entity contacted to provide any and all information requested without liability. 4. The Contractor has read, understands, and agrees to all terms of the Prequalification Procedure and this Application. 5. I am duly authorized by law and by the Contractor to sign this Application on behalf of the Contractor. Date CONTRACTOR W1tneSS [Signature] By: [Name and Title Printed] State of County of Date: Then personally appeared the person who signed this page above and acknowledged this instrument to be his or her free act and deed and the free act and deed of the Contractor, and further said person swore, ON OATH, that the statements made under the section 10 entitled "Certifications Under Oath" are true and complete. Signature of Notary Public Name Printed: My Commission Expires: Applicarion - 11 of 11 MEMORANDUM TO: Mayor and City Commissioners FROM: Randal L. Krejcarek, P.E., LEED AP Richard C. Hasko, P.E., Environmental Services Director THROUGH: David T. Harden, City Manager DATE: January 13, 2009 SUBJECT: AGENDA ITEM 8.F. -REGULAR COMMISSION MEETING OF .TANUARY 20, 2009 GRANT AGREEMENT/DOWNTOWNRQUNDABOUT SHUTTLE/PALM BEACH COUNTY ITEM BEFORE COMMISSION Approval and authorization for the Mayor to execute a grant agreement with Palm Beach County for the expansion of the Downtown Roundabout Shuttle Route lA and to execute Amendment Number 1 to the Agreement between Quality Transport Services, Inc. and the City of Delray Beach. The reimbursable grant agreement with Palm Beach County is for $30,000 a year for a three year period. BACKGROUND The Downtown Roundabout Shuttle Route lA service between Tri-Rail and the beach has been expanded. The expanded route service runs from 6:30 am until 7:00 pm Monday through Friday. The City has already entered into a Joint Participation Agreement (JPA) with Florida Department of Transportation (FDOT) where FDOT will provide $180,180 toward the same three year route expansion. The CRA has also agreed to pay $30,000 for the same three year period. These two funding sources along with this grant from Palm Beach County will enable the City to provide expanded shuttle service at no cost to the City or shuttle riders. Amendment No. 1 with Quality Transport Services, Inc. is necessary because the reimbursable grant agreement with Palm Beach County requires Quality Services Inc. to indemnify Palm Beach County. RECOMMENDATION Staff recommends approval. 1"FtIS CRA[VT ACaREE~EIVT is made and entered into this day of 2008, by and between Palm Beach County, Florida, a politics! subdivision of the State of Florida, by and through its Board of County Commissioners (referred to hereinafter as "County") and the City of Delray Beach, a Florida municipal corporation (referred to hereinafter as "City"). V~tTNESSETH 'VI#'HEREAS, the City has advised the County that it has expanded its existing community transit program which has been designed to provide shuttle services to the general public, free of charge and without restriction, within certain areas of the City (also referred to herein as "Transportation Program," ar "Program"); and VI6HEREAS, the City has expanded its existing Program to provide additional transportation services to Tri-Ralf stations located within the City's geographical limits; and ~'f-tEREAS, the City has entered into a Joint Participation Agreement (JPA) with the State of Florida Department of Transportation (FOOT) under which FOOT has agreed to provide up to $180,'180.00 to the City to be used to expand the City's transportation shuttle services to Tri-Rail (also referred to herein as the "Project"); and iIVHEREAS, the City has sought a grant from County which the City will use to provide a portion of the fifty percent {5p%} funding match required of the City under the terms of the JPA; and V1fHEREAS, the City will provide all other funds needed to satisfy its obligations under the JPA, and to match FDOT's contribution to the Project; and VIlHEREAS, the City acknowledges that it is the public entity implementing the Project, that it is responsible for its Transportation Program and the Project, and that it is not acting for or on behalf of the County, but that the Project will be designed to coordinate with County's fixed route public transportation system (Palm Tran) and SFRTA's transportation system {Tri-Rail}; and lii1HEREAS, the County and the City have determined that the Project will improve and enhance the City and County by providing alternative means of transportation, enhancing the coordination of existing transit systems (e.g., Palm Tran and Tri-Rail) increasing economic opportunities, reducing trafFic congestion, and facilitating a "clean air" environment; and 1jVH'EREAS, the County and the City find that the Project constitutes a valid public purpose. N®W, THEREF'®RE, in consideration of the mutual terms, conditions, promises, covenants, and obligations set forth herein, the County and City agree as follows: Section 1. trjcorporation of Facts. The facts set forth above, in the preamble to this Grant Agreement, are true and correct and incorporated into this Grant Agreement by reference. Section 2. Purpose. The purpose of this Grant Agreement is to set forth the various duties, rights and obligations of the parties regarding the City's performance of the Project as a part of City's ,Transportation Program and the County's grant of a sum of money to be used to 'I reimburse the City for allowable expenses incurred by City in the performance of the Prc~i~±ct_ City ~xnrPSSly acknawEPdaes that it is the aublic entity c~erformina the Proiect The City further acknowledges that it is solely responsible for its Transportation Program and the Project, and all decisions related thereto, and that it is not acting far the benefit of or on behalf of the County. Section 3. Representatives. The County`s representative and monitor during the performance of this Grant Agreement shall be Tanya N. McConnell, P.E. Deputy County Engineer whose telephone number is (561 }6$4-40'10 and whose address is 2300 N, Jog Road, West Palm Beach, Florida 334'11. The City's representative and monitor during the performance of this Grant Agreement is Scott Aronson Parking Management Specialist whose telephone number is (561 } 243-7'196, and whose address is 434 S. Swinton Avenue, Delray Beach, FL 33444. Section 4. ®escriptiora ®'f IPr®ject and Rei`~nb~rsable Expenses. A. The City's existing Transportation Program will be expanded to increase service to Tri-Rail stations and the service will connect, when passible, with Palm Tran fixed route services. The City will provide the vehicles} and personnel necessary to effectively operate a local circulator (non-fixed route} or shuttle loop system with expanded service to Tri-Rail stations located within the City's geographic boundaries. The City is utilizing minibuses (such motor vehicles also referred to hereinafter as "shuttle buses"} to provide the transportation services. The service will be open to the general public without restriction. B. The parties acknowledge that the decisions as to the areas within the City to receive service, the route(s), the hours of service, and the motor vehicle requirements will be made by the City, after consultation with Palm Tran, and SFRTA and FDOT, as appropriate. All such decisions must be made in accordance with the public purpose requirements of this Grant Agreement. C. The County agrees to make available to the City, on a cost reimbursement basis, a grant in the amount of Thirty Thousand Dollars ($30,000.00) for each year of the term of this Agreement, not to exceed Ninety Thousand Dollars for three (3) years. These funds will be made available to reimburse the City for allowable expenses incurred by the City in the performance of the Project following execution of this Agreement. Allowable expenses shall include the hourly rate of shuttle bus service and each pro rata portion thereof, and any other category of expense directly related to the provision of service which has been approved by County's Contract Monitor, in writing; provided, that, such allowable expenses are a permitted expenditure of gas tax revenues authorized under Chapters 206 and/or 336, l=.S., as applicable. The hourly rate of shuttle bus service shall include all costs associated with the provision, maintenance and operation of the shuttle bus (es}, including but not Nimited to al[ driverloperator expenses. D. The City shall endeavor to ensure that all areas used by persons to wait for or to board or disembark from the shuttle bus(es) are maintained free of trash, litter, debris and present no impediment or danger to the users of the shuttle bus service. E. if the City should determine that it no longer desires to provide the services for which the grant funds are made available or should cease such services, then the City shall immediately notify County, in writing, of such determination or cessation of service. F. The City is responsible for the payment of ail costs associated with the implementation of the Project. The City is prohibited from using any funds received from County under this Grant Agreement for any purpose other than that expressly authorized herein. Section 5. Term, terminated as provided herein. The parties acknowledge that the term of JPA currently expires on December 31, 2009, but that FDOT has advised the City's staff that it will seek to extend the term of the JPA to three (3) years. The City has notified the County's Contract Monitor at the addresses set forth in Section 27 of this Agreement that the Program commenced on April 14, 2008. Section 6. Accessibility and A®A Gora~pliance. Vehicles used by the Gity to perform the Project shall be readily accessible to individuals with disabilities, including individuals who use wheelchairs. The City shall insure that the Project, including but nat limited to the shuttle service, shuttle bus(es) and all staps or points of embarkment and disembarkment, are accessible to the disabled, and that the service is operated and all vehicles equipped and maintained in conformity with the ';, requirements of the Americans with Disability Act of 1990 (ADA), as amended, and as it maybe amended from time to time, and all federal rules and regulations implementing the Act. City shall require any contractor it uses to operate the shuttle service to save, ;defend, indemnify and hold City and County harmless, to the fullest extent of the law, from any and all liability which may or shall inure to City or County, as a result of a failure to ', ;comply with the requirements of the ADA and its implementing rules and regulations, or '~ ° the requirements of the JPA or this Grant Agreement. Section 7. Compliance with Ft~les, Regulati®ns, etc. A. The City and its contractor(s) shall comply with all Taws of the United States and the State of Florida, and ail rules and regulations now or hereafter implemented, promulgated or adopted by the U.S. Department of Transportation, FDOT, and any other governmental entity regulating the use, maintenance and operation of the shuttle bus(es) and/or its operators and City's Project and Transportation Program. if required by law, the City shall insure that its contractor(s) have in effect during the term of this Grant Agreement, a system safety plan which shall be fully compliant with Florida law and shall be implemented in accordance with the rules and regulations of the Florida Department of Transportation. B. The City agrees that the Project will not be perFormed in violation of any federal, state, county or municipal statute, law, ordinance, rule or regulation applicable to the Projector its Transportation Program. C. The City further represents and warrants that every shuttle bus will be operated by safe, careful and legally qualified drivers having a proper license. All drivers will have and maintain a commercial driver's license and any other license or certification required by any law, rule or regulation relating, in any manner, to the operation of shuttle buses. The City will insure that the operator of the shuttle bus(es) will develop and implement a drug and alcohol testing program that is fully compliant with all State and Federal laws and the rules, regulations, and policies of the U.S. Department of Transportation and FDOT, if such rules, regulations and policies are applicable to City and the operator of the shuttle bus(es). The parties agree that no liability shall inure to County as a result of any act or omission of the City's andfor its contractor's drivers, operators or employees. Section 8. I~f®rmati®n ar~d ®ata. Upon the request of the County, Palm Tran, or the Palm Beach County Metropolitan Planning Organization (MPO), the City will furnish directly or through its contractor, monthly performance reports indicating route mileage, ridership, hours of service, and ',such other information which County or MPO may request from time to time. The City '',agrees to cooperate with County or the MPO in any surveys which County or the MPO may undertake to determine the characteristics, patterns or transportation needs of the ~I City. The City also agrees that it will distribute information regarding Palm Tran, the ~~ County's fixed route transportation system, the Link, the MPO's community transit ;programs, including its water taxi projects, and other information relating to coordinated Section 9. Marketing of Service. The City will inform and market the Project and its Transportation Program to the genera[ public and potential users of the serrrice and provide information regarding the coordination of the Project and its Transportation Program with other transportation systems. The City will publish and disseminate schedule information which should, at a minimum, contain a map of the route(s), points of interests, locations where passengers may embark and disembark, connect to other transit systems, and the hours and days of service. Section 1 D. Public Purpose anti Lawfuil flee. If, at any time, the County determines that the Project does not comply with the terms and conditions of this Grant Agreement, or any state, federal, county, or municipal law, regulation ar rule, or that any of the funds provided hereunder were used to reimburse expenses that were not reimbursable under this Grant Agreement, or were improperly or unlawfully incurred, or did not constitute a permissible use of gas tax revenues or valid public purpose, as determined in the sole discretion of the County, then the County's obligations hereunder shall immediately cease and City shall immediately return to County all such funds paid to the City. Section 11. Invoicing and FZeimbursement. A. The County agrees to reimburse City for the allowable expenses identified and described in Section 4 of this Grant Agreement following the City's submittal of an invoice for reimbursement. Invoices shall be submitted far reimbursement on a monthly basis and shall include a reference to this Grant Agreement, describe the nature of the expense, including the days and hears of service, and identify the City's total expenditure and the amount due and payable by County to the City. Invoices shall be itemized in sufficient detail for pre-payment audit thereof, and shall be supported by copies of the corresponding paid contractor invoices and substantiate proof of payment and performance. The City shall certify that the expenditures for which each reimbursement is sought were proper, lawful, and made in accordance with the requirements of this Grant Agreement. The City shall supply any other documentation requested by the County. A Contract Payment Request Farm and a Contractual Services Purchases Schedule Form, attached hereto and incorporated herein as Exhibit "A" (pages 1 & 2), which are required for each reimbursement to the City. B. Invoices received from the City will be reviewed and, as appropriate, approved by the County's Contract Monitor or his designee, indicating that the expenditures have been made in conformity with the requirements of this Grant Agreement. Thereafter, they will be sent to County's Finance Department for final approval and payment. Invoices will normally be paid within thirty (30) days following approval. Unless the term of this Grant Agreement is extended, the City shall submit all invoices for final payment within thirty (30} days of its expiration. Section 12. Insaarance. A. Unless waived or amended by County's Department of Risk Management, the City shall, at its cast and expense, maintain in full farce and effect at all times during the life of this Grant Agreement, insurance coverages, limits, including endorsements, as described herein. The requirement contained herein as to types and limits are not intended to and shall not in any manner limit or qualify the liabilities and obligations assumed by the City under this Grant Agreement. B. Commercial General Liability. The City will maintain a standard ISO version Commercial General Liability policy form, or its equivalent, at a limit of liability not less than $5Qq,OQ0.Q0 Each Occurrence affording coverage for, but not limited to, PremiseslOperatians, ProductslCompfeted Operations, Independent Contractors, and :Contractual Liability. Coverage may not include a Cross Liability Exclusion. The City agrees this coverage shall be provided on a t~rimarv basis. '' any deductibles, self-insured retention or uncovered losses. The City agrees that this coverage shall be provided on a primary basis. D. Additions[ Insured. ACA 2048 Designated Insured Endorsement or its ~' equivalent shall be endorsed to the Business Auto Liability, The Additional Insured 'endorsement shall read "Palm Beach County Board of County Commissioners, a political ~ subdivision of the State of Florida, and its officers, directors, employees and agents". E. Waiver of Subrogation. The City agrees, as consideration for the grant, to a Waiver of Subrogation for each required policy providing coverage during the life of this Grant Agreement. When required by the insurer or should a policy condition not permit an insured to enter into a pre~loss agreement to waive subrogation without an endorsement, then the City agrees to notify the insurer and request the policy be endorsed with a Waiver of Transfer of Rights of Recovery Against Others, or its equivalent. This Waiver of Subrogation requirement shall not apply to any policy, which a condition to the policy specifically prohibits such an endorsement, or voids coverage should the insured enter into such an agreement on apre-loss basis. F. The City agrees to furnish the County with a certificate of insurance providing clear evidence each required insurance policy contains the minimum limits of coverage, terms and conditions set Earth herein. A minimum thirty (30) day endeavor to notify due to cancellation or non-renewal of coverage shad be identified on the certificate. G. The City further agrees that it shall include in any third party contract related to the performance of the Project, including but not limited to the provision, operation and maintenance of the shuttle bus(es), the insurance requirements described in this section, and shall require that the insurance requirements become obligations of its contractor(s). Thereafter, if the City's contractor(s) provides and maintains a Business Automobile Liability, satisfying the Additional Insured and Waiver of Subrogation requirements of this section, and if permitted by County's Department of Risk Management, the City shall not be obligated to provide and maintain Business Automobile Liability insurance in addition to that provided by its third party contractors}. The City shah insure that any insurance policy obtained by the City's contractor(s) for compliance with this section shall be maintained at ail times during the term of this Grant Agreement, and any renewal or extension thereof. H. City recognises that it is an independent contractor and not an agent or servant of Caunty or its Board of County Commissioners. In the event a claim or lawsuit is brought against County, its officers, employees, servants or agents, relating to the Program or any item which is the responsibility of City, City hereby agrees, to the extent permitted by law, to indemnify, save and hold harmless County, its officers, employees, servants or agents, and to defend said persons from any such claims, liabilities, causes of action and judgments of any type whatsoever arising out of or relating to the negligent or wrongful acts or omissions of City relating to the obligations of City under this Agreement. City, to the extent permitted by law, agrees to pay all costs, attorney's fees and expenses incurred by County, its officers, employees, servants or agents in connection with such claims, liabilities or suits except as may be incurred due to the negligence of County. The foregoing indemnification shall not constitute a waiver of sovereign immunity beyond the limits set forth in Section 768.28, Florida Statues, which are currently $10Q,OQO.OQ per person and $200,000.00 per incident. 'Section 13. City's Third Party Contractor's Inderr~nity ®bligations. '~, The City shall require its contractor(s) to save, defend, indemnify and hold harmless the Gity and County, and their respective directors, officers, employees, servants or agents ',from any and all liability which might inure to City or County. The City shall include the 'following provisions in any such contract with a third party: times from and against any and all suits, actions, damages, liabilities, interest, attorneys` fees, costs and expenses of whatsoever kind or nature arising out of its use, possession, .operation and maintenance of the shuttle buses} or the Project, and whether directly or indirectly caused, occasioned or contributed to, in whole or in part, by reason of any act, omission, fault or negligence whether active or passive, of the City or County, to the extent caused by the sole negligence or breach of contract by the City, or anyone acting under the City's or County's direction or control. 2. The contractor further agrees to indemnify, defend, save and hold harmless the City and County, their successors or assigns, and their respective directors, officers, agents, servants and employees, from and against any and all claims, demands or causes of action of whatsoever kind or nature arising out of any conduct or misconduct of the cantracfior not included in the paragraph above and far which the City or County, or their respective directors, officers, agents, servants nr employees are alleged to be liable. 3. Contractor's hold harmless and indemnity obligations described herein shall apply to the fullest extent permitted by law. Contractor's obligations hereunder shelf include and encompass any liability which may inure ar accrue to the City or County. 4. Any compromise or settlement of any claim or satisfaction of judgment by contractor for itself, City, or County shall not relieve contractor of its obligations to any entity not included within or made a party to such settlement or satisfaction. Section 14, Prohibition of f~iscrianir~atior~. The City represents and agrees that neither it nor any third party contractor will discriminate in the performance of this Grant Agreement. The City's actions, as they relate to the performance of the Project, will be undertaken without regard to race, sex, sexual orientation, gender identity or expression, color, religion, disability, handicap, age, marital status, national origin or ancestry. Section 1 ~. Terrt'inatior~. This Grant Agreement may be terminated by either party, with or without cause, upon ten (10} days written notice to the other party. In the event a party has failed to perform, observe, or has breached any provision of this Grant Agreement, the other party may terminate this Grant Agreement immediately upon written notice to the other party. Section 16. ~.ssignmer~t. Neither this Grant Agreement, nor any interest herein, steal! be assigned, conveyed, transferred nr otherwise encumbered, in whole or in part, by the City without the prier written consent of County. Section 17. Limit of Obligations. The County's obligations to the City shall be strictly limited to those expressly set forth in this Grant Agreement. The County shall have no obligations to any other entity, contractor, or person who is in anyway associated with nr might benefifi from the terms of ',this Grant Agreement. ', Section 18. Access to records. 'The City shall maintain and shall require its contractor to maintain, within Palm Beach ',County, adequate records to justify all expenses and costs incurred in performing the ~I Project for at least three (3~ veers from the expiration date of this Grant Aetreernent. expiration or earlier termination of this Grant Agreement. 1=unds to be repaid to County are to be repaid within ten (10) days of County's demand for repayment by delivering to County's Contract Monitor a certified check for the total amount due and payable. Nothing contained herein shall act as a (imitation of the County's right to be repaid, as a waiver of any rights the County had, has, or may have, or shall preclude the County from pursuing any other remedy, whether legal or equitable, which may be available to County- Section 20. Enforcement Costs. Any costs or expenses including reasonable attorney's fees associated with the enforcement of this Grant Agreement shall be borne by the respective parties. Section 21. Agency, Nothing contained in this Grant Agreement shall create an agency relationship between the County and City or between County and any City contractor. Section 22. Ann~all Appr®priation. The County's obligations under this Grant Agreement, including the reimbursement or dispersal of Grant funds, are contingent upon an annual budgetary appropriation by County's Board of County Commissioners for the purposes described in this Grant Agreement. Section 23. Remedies. This Grant Agreement shall be construed by and governed by the laws of the State of Florida. Any and all legal action necessary to enforce this Grant Agreement will be held in Palm Beach County. No remedy conferred herein upon any party is intended to be exclusive of any other remedy, and each and every such remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now nr hereafter existing at law, in equity, by statute, or otherwise. No single or partial exercise by any party of any right, power, or remedy, shall preclude any other or further exercise thereof. Section 24. No iiVaiiver. No waiver of any provisions of this Grant Agreement shall be effective unless it is in writing and signed by the party against whom it is asserted. Any such written waiver shall only be applicable to the specific instance to which it relates and shall not be deemed a continuing or future waiver. Section 2~. Capti®ns. The captions and section designations herein set forth are for convenience only and shalt have no substantive meaning. Section 26. J®int Preparation. The preparation of this Grant Agreement has been a joint effort of the parties, and the resulting document shall not, solely as a matter of judicial constraint, be construed more severely against nne of the parties than the other. Section 27. hlotice. All notices required under this Grant Agreement shall be sent by certified mail, return receipt requested to: AS T® THE C®UNTY Engineering and Public Works Department Tanya N- McConnell, P.E. Deputy County Engineer 230Q N. Jog Road West Palm Beach. Florida 33411 ~ City of Delray Beach Scott Aronson 434 S. Swinton Avenue Delray Beach, Florida 33444 561-243-7'f 96 Each perky may designate another for receipt of notices, and change its address upon notice to the other. Section 28. Entirety of Contract and II~lodificationsa The County and City agree that this Grant Agreement sets forth the entire agreement between the parties, and that there are no promises or understandings other than those stated herein. Except as expressly permitted herein, no modification, amendment or alteration in the terms or conditions of this Grant Agreement shall be effective unless contained in a written document executed with the same formality and equality of dignity herewith. Section 29. Sovereign 9rnr~unity and Beneficiaries. Nothing contained in this Grant Agreement shall be construed as a waiver of the County's or the City's sovereign immunity as set forth in Section 768.28, Florida Statues. ~lioreover, this Grant Agreement is not intended to be a third party beneficiary contract and confers no rights on anyone other than the Gounty or City. Nothing herein shelf be deemed to constitute an imposition or acceptance by County, of any obligation or liability, not otherwise imposed by the express and unequivocal language of this Grant Agreement. Section 30. Execution. This document shall be executed in two (2) counterparts, each of which shall be deemed an original. (Remainder of Page lntentionafiy Left Blank) C1TY OF DELRAY BEACH By: Mayor ATTEST: By: City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY By: City Attorney Date: PALM BEACH COUNTY, FLORIDA BY 1TS BOARD OF COUNTY COMMISSIONERS By: John F. Koons Chairman ATTEST: SHARON R. BOCK, CLERK & COMPTROLLER By: Deputy Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY By: Date: Assistant County Attorney APPROVED AS TO TERMS AND CONDITIONS By: Date: .OMEN®I~ENT RIO. 1 TO THE peCREENIENT 1:3ETEEN Q[1~LITY TRANSP®RT SERVICES INC. AN® THE CITY ®F ®ELRAY BEACH THIS AI4fIEN®11~ENT No. 1 to the Agreement dated January 31, 2005 between the CITY OF 1DELRAY BEACH ~"City"} and QUALITY TRAhISPORT SERVICES, INC. ("Contractor") is hereby amended this day of WITNESSETH; Zoos. WHf=REAS, the parties entered into an agreement dated January 31, 2006 far shuttle bus services; and WHEREAS, the City wishes to enter into a Reimbursement Agreement with Palm Beach County regarding the shuttle bus service; and WHEREAS, the parties desire to amend the agreement to provide for certain indemnity obligations in order to comply with the terms of the agreement with Pafm Beach County. NOW, THEREFORE, the parties hereto in consideration of the covenants herein contained agree as follows: 1. l~ecifials. The recitals set forth above are hereby incorporated as if fully set forth herein. 2. M®diflcatlon. The Agreement is modified to include the following language: Contractor agrees to protect, defend, reimburse, save, indemnify and hold the City or County, their successors or assigns, and their respective directors, officers, employees, servants and agents, free and harmless at all times, and against any and al] suits, actions, damages, liabilities, interest, attorney's fees, costs and expenses of whatsoever kind or nature arising out of its use, possession, operation and maintenance of the shuttle buses or the Project, and whether directly or indirectly caused, occasioned or contributed to, in whole or in part, by reason of any act, nmissiori, fault or negligence whether active or passive, pf the City or County, ar anyone acting under the City's or County's directian or control. The contractor further agrees to indemnify, defend, save and hold harmless the City and County, their successors or assigns, and their respective directors, officers, agents, servants and employees, from and against any and all claims, demands or causes of action of whatsoever kind or nature arising out of any conduct or misconduct of the contractor not included in the paragraph above and for which the City or County, or their respective directors, officers, agents, servants or employees are alleged to be liable. Contractor's mold harmless and indemnity obligations described herein shall apply to the fullest extent permitted by law. Contractor's obligations hereunder shall include and encampass any liability which may inure ar accrue to the City or County. Any compromise or settlement of any claim or satisfaction of judgment by contractor for itself, City, or County shall not relieve contractor of its obligations to any entity not included within or made a party to such settlement or satisfaction. 3. Erati~e A-c~reer~ent. Except as modified by this amendment, the original agreement shall remain in full force and effect. IN WITNESS !WHEREOF, the parties have caused this Agreement to be duly executed on the date written above. ATTEST: CITY ®F DEI~.RAY E~EACH By: City Clerk Approved as to Form: Mayor, Rita Eflis City Attorney Vl11TNESSES: QUALITY TR ,NSPORT SERVICES, INC. (Print nr Tvn~ Narnpl ,~ntY Pr~~oep ~~~SA sY~®041 .._.m..- a a° ~~>~ ~ot~ry Pubi3C - state ~9 FPa~d~ _ ° m ^ e C esfoa E~i€ee Sep 2, 2G42 ~~6 #7 P b ~~ a°~~ Rt e. siv`. ~` MEMORANDUM TO: Mayor and City Commissioners FROM: Catherine M. Kozol, Asst. City Attorney THROUGH: City Attorney DATE: January 13, 2009 SUBJECT: AGENDA ITEM 8.G. -REGULAR COMMISSION MEETING OF .TANUARY 20, 2009 MEMORANDUM OF UNDERSTANDING/PALM BEACH COUNTY/LEX ITEM BEFORE COMMISSION Memorandum of Understanding between Palm Beach County Information Sharing Initiative known as Law Enforcement Exchange (LEX). BACKGROUND The Memorandum of Understanding (MOU) is entered into by the law enforcement agencies in Palm Beach County who are participating in an information sharing initiative known as the Law Enforcement Exchange (LEX). The Memorandum of Understanding is to further efforts against crime and terrorism. Objectives include: identifying and locating criminals, terrorists and their supporters; identifying, assessing and responding to crime and terrorist risks and threats; and otherwise preventing, detecting and prosecuting criminal and terrorist activities. LEX will integrate relevant records of the parties, effectively providing each participating agency with a single source for regional law enforcement information. RECOMMENDATION Staff recommends approval. MEMORANDUM OF UNDERSTANDING AMONG THE PARTICIPATING AGENCIES IN THE PALM BEACH COUNTY INFORMATION SHARING INITIATIVE KNOWN AS THE LAW ENFORCEMENT EXCHANGE (LEX} A. PURPOSE. 1. This Memorandum of Understanding (MOU) is entered into by the law enforcement agencies in Palm Beach County who are participating in an information sharing initiative known as the Law Enforcement Exchange (LEX}. The purpose of this MOU is to set forth the policy and procedures for the use of the LEX system by the participating parties, including the ownership and control of the information within the system which may be contributed by each party for use by the LEX and the participating agencies. 2. The driving impetus for this initiative and MOU is to further efforts against crime and terrorism. Objectives include: identifying and locating criminals, terrorists and their supporters; identifying, assessing, and responding to crime and terrorist risks and threats; and otherwise preventing, detecting, and prosecuting criminal and terrorist ~ activities. To achieve these ends, it is essential that all law enforcement agencies cooperate in efforts to share pertinent information. LEX will integrate relevant records of the parties, effectively providing each participating agency with a single source for regional law enforcement information. For security purposes, LEX access will be via a separate, sensitive but unclassified server. 3. The LEX System will be available for use by participating law enforcement agencies in furtherance of authorized law enforcement activities as well as the prevention and detection of terrorist risks and threats. Utilizing the LEX capabilities will significantly advance public safety and security, and will enhance the protection of Palm Beach County. B. PARTIES. 1. The originating parties to this MOU are the following local Palm Beach County Florida law enforcement agencies: North Palm Beach PD Boca Raton PD Delray Beach PD West Palm Beach PD Lantana PD Palm Beach Gardens PD Jupiter PD Juno Beach PD Tequesta PD Palm Beach Sheriffs Office LEX MOU 9/11/2008 Page 1 of 13 2. The parties agree that maximum participation by all eligible law enforcement agencies will strengthen the purposes of this MOU. Accordingly, the parties anticipate and desire that other eligible agencies will join this MOU in the future. An eligible agency must apply for and be approved by the Board of Directors. The Board of Directors shall establish criteria for eligibility to join; such as but not limited to security compliance, data accountability, technical capability, and operational history. A joining agency once approved by the Board of Directors shall also be considered a party and shall have the same rights, privileges, obligations, and responsibilities as the original parties. C. POINTS OF CONTACT. Each party shall designate an individual as the party's point of contact {POC) for representing that party in regard to the MOU. A party may change its POC at any time upon providing written notification thereof to the POCs of all other parties. D. MISSION/OBJECTIVES. This initiative seeks to capture the cumulative knowledge of the region's law enforcement agencies in a systematic and ongoing manner to maximize the benefits of information gathering and analysis to prevent and respond to terrorist and criminal threats; to support preventive, investigative and enforcement activities; and to enhance public safety and force protection for Palm Beach County. The specific objectives of the LEX are to: 1. Integrate specific categories of existing law enforcement, criminal justice and investigative data from participating agencies in near real time that will be accessible by all participating agencies. 2. Dramatically reduce the time spent by participating agency personnel in search and retrieval of relevant data by providing query and analytical tools. 3. Provide the means for the participating agencies to develop analytical products to support law enforcement, criminal investigation, force protection, and counter- terrorism operational and investigative activities. 4. Provide an enhanced means for the participating agencies to produce strategic analytical products to assist administrative decision-making processes for area law enforcement executives. E. CONCEPT. 1. LEX is a cooperative partnership of law enforcement agencies, in which each agency is participating under its own individual legal status, jurisdiction, and authorities, and all LEX operations will be based upon the legal status, jurisdiction, and authorities of the individual participants. The LEX is not intended to, and shall not, be deemed to have independent legal status. LEX MOU 9/11%2008 Page 2 of 13 2. The LEX will become a central electronic clearinghouse, or gateway for providing derivative data to other Federal, State, county, and local law enforcement initiatives when required and announced by the LEX Board of Directors. The system will function with querying and analytical tools in support of law enforcement activities, criminal investigations, force protection, and counter terrorism, and for the development of reports by the participating agencies for the use of their executive decision makers. 3. The LEX server will be located at the Palm Beach County Sheriffs Office. All parties contributing data to the LEX System will have equal access to the LEX application and functionality via secure Internet connections. G. OWNERSHIP, ENTRY, AND MAINTENANCE OF INFORMATION. 1. Each party retains sole ownership of, exclusive control over content and sole responsibility for the information it contributes, and may at will at any time update or correct any of its information, or delete it from the LEX System entirely. All system entries will be clearly marked to identify the contributing party. 2. Just as each party retains sole ownership and control of the information it contributes, so does a party retain sole ownership and control of the copies of that information accessed in the LEX system. 3. The contributing party has the sole responsibility and accountability for ensuring that no information provided to the LEX System that was obtained in violation of any Federal, State, or local law applicable to the contributor. 4. The contributing party has the sole responsibility and accountability for ensuring compliance with all applicable laws, regulations, policies, and procedures applicable to the party's sharing of information. 5. The contributing party has the sole responsibility and accountability for making reasonable efforts to ensure the accuracy of their data, and continuing accuracy thereafter, of information contributed. Each party will notify the contributing party and the Board of Directors of any challenge to the accuracy of the contributing party's information. 6. Because information provided to the LEX System will be derivatives of information obtained and separately managed by the entering party within its own record system(s), and for which the contributing party is solely responsible and accountable, information submitted by the participating parties shall not be altered or changed in any way, except by the contributing party. 7. The information provided by LEX is a derivative from each contributing party's "own records," and is not in any manner intended to be an official repository of original records, or to be used as a substitute for one, nor is the information in the system to be accorded any independent record system status. Rather, this electronic system is LEX MOU 4/11/2008 Page 3 of 13 merely a means to provide timely access for the law enforcement parties to information that resides in existing files/records systems. 8. To the extent that any newly discovered links, matches, relationships, interpretations, etc., located in the analysis of LEX information may be relevant and appropriate for preservation as independent records, it will be the responsibility of the accessing party to incorporate such information as records of the accessing party in the party's own official records system(s) in accordance with that party's records management processes (subject to obtaining any contributing party's consent as provided below). A party that desires to incorporate in its own separate records information contributed by another party, including any analytical products based on another party's information, must first obtain the data directly from the entering party and obtain the entering party's express permission to use the data. 9. Commercially available references, public source information, and software applications, such as commercial directories, census data, mapping applications, and analytical applications are considered to be nonrecord material and will be maintained in accordance with applicable contracts and/or licensing agreements. To the extent that any such information is relevant and appropriate for preservation as independent records, it will the responsibility of the accessing party to incorporate such information as records of the accessing party in the party's own official records system(s) in accordance with that party's records management processes and any applicable contract or licensing agreement. 10. Each agency has agreed to provide law enforcement, criminal justice and investigative types of records, reports, photographs, and information to the LEX System. 11. There is no obligation and there should be no assumption that a particular party's records accessed by the LEX system is a complete representation of that party's records system for any subject or person. H. ACCESS TO AND USE OF INFORMATION. 1. Each party will participate in the exchange of information and contribute information to the LEX system as is applicable, and agrees to permit the access, dissemination, and/or use of such information by every other party under the provisions of this MOU {and any other applicable agreements that may be established for the LEX). The contributing party has the sole responsibility and accountability for ensuring that it is not constrained from permitting this by any laws, regulations, policies, and procedures applicable to the submitting party. 2. Agencies that choose to not provide data for inclusion in the LEX are not eligible to be voting members of the LEX Board of Directors, and are not allowed to be parties accessing the LEX System without express, written approval of the LEX Board of Directors. Only duly constituted law enforcement components of Federal, military, LEX MOU 9/11/2008 Page 4 of 13 state, county, or local jurisdictions may become members of LEX. Exceptions must have the written approval of the LEX Board of Directors. 3. All parties will have access via a secure internet connection to all the information in the LEX System, as provided in this MOU and any other applicable agreements that may be established for the LEX; and each agency is responsible for providing its own internet connectivity. 4. An accessing party has the sole responsibility and accountability for ensuring that an access comports with any laws, regulations, policies, and procedures applicable to the accessing party. 5. A party may only access the LEX when it has a legitimate, official need to know the information for an authorized law enforcement purpose, such as investigations, counter terrorism, public safety, and/or national security, after receiving training appropriate to this MOU. 6. An accessing party may use information for official matters only. The system cannot be used for general licensing and employment purposes, background investigations of federal, state or local employees, or any other non-law enforcement purpose. The LEX system may be queried by member agencies to assist them in developing leads to pursue in the vetting process of candidates for employment in their own agencies. However, the information contained in LEX CANNOT be utilized as the basis for a hiring decision. Any leads developed as a result of the LEX queries must be verified with the contributing agencies and only the actual, verified data may be used in the hiring decision. 7. Information in the LEX system, including any analytical products, may not be used for any unauthorized ornon-official purpose and shall not be disseminated outside of an accessing party without first obtaining express permission of each party that contributed the information in question. 8. Notwithstanding the requirement in the previous provision that information may not be disseminated without first obtaining express permission of each party that contributed the information in question, in exigent circumstances, immediate dissemination of information can be made if a determination is made by the recipient of the information: (a) that the matter involves an actual or potential threat of terrorism, immediate danger of death or serious physical injury to any person, or imminent harm to the national security; and (b) requires dissemination without delay to any appropriate federal, state, local, or foreign government official for the purpose of preventing or responding to such a threat. LEX MOU 9/11/2008 Page 5 of 13 The owner of the information shall be immediately notified of any and all disseminations made under this exception. 9. Any requests for reports or data in LEX records from anyone other than a party to this MOU will be directed to the contributing party. 10. Agencies who are not part of this MOU will not have direct access to LEX. Requests by such agencies for copies of information contained in LEX must be referred to the individual LEX party that owns the information. 11. The information in the LEX System shall not be used to establish or verify the eligibility of, or continuing compliance with statutory and regulatory requirements by applicants for, recipients or beneficiaries of, participants in, or providers of services with respect to, cash or in-kind assistance or payments under the Federal or State benefit programs, or to recoup payments or delinquent debts under such Federal or State benefit programs. 12. The LEX will include an audit capability that will log user activity. Each agency will designate a Point Of Contact (POC) who shall have access to that member agency's portion of the audit log. However, the audit log aggregate is not a record of information wholly controlled by any one member agency and no single member agency may disclose the content of the entire log. Any requests for copies of the entire audit log will be forwarded to each member agency for direct response to that member agency's portion of the audit log. 13. Member agencies and users agree that no crime analysis will be performed on any other agency's data without the approval of the Sheriff or Chief of Police for the purposes of performance monitoring and/or comparisons. 14. Participating agencies will make every effort to ensure system availability and when known downtime is scheduled, notification will be provided to the LEX Administrator. I. SECURITY. 1. Each party will be responsible for designating those employees who have access to the LEX. This system has been developed with the capability to record each use of the system, including the identity of the individual accessing the system, and the time of the access to the system, and the information queried. The system was developed with security in mind. It should be remembered by each participating member that access to the information within the system should be on a strictly official, need-to- know basis, and that all information is for official use only. 2. Each party agrees to use the same degree of care in protecting information accessed under this MOU as it exercises with respect to its own sensitive information. LEX MOU 9/11/2008 Page 6 of l3 Each party agrees to restrict access to such information to only those of it's (and it's governmental superior's) officers, employees, detailees, agents, representatives, task force members, contractors/subcontractors, consultants, or advisors with an official uneed to know" such information. Each party agrees to take appropriate corrective administrative andlor disciplinary action against any of its personnel who misuse the LEX system as if it were an abuse of their own sensitive information systems of records. 3. Each party is responsible for training those employees authorized to access the LEX System regarding the use and dissemination of information obtained from the system. Specifically, employees should be given a clear understanding of the need to verify the reliability of the information with the contributing party before using the information for purposes such as preparing affidavits, or obtaining subpoenas and warrants, etc. Parties should also fully brief accessing employees about the proscriptions for using third party information as described in Section H, paragraphs 4- 11,above. J. PROPERTY. 1. The equipment purchased for this project will remain the property of the entity that purchased it unless assets are transferred to the LEX Organization. After expiration of any warranties, the LEX Board of Directors will determine the responsibility for the maintenance of the equipment. 2. Ownership of all property purchased by parties will remain the property of the purchasing party. Each party accessing LEX from the party's facility shall provide its own computer stations for its designated employees to have use and access to LEX. The accessing party is responsible for configuring its computers to conform to the access requirements. Maintenance of the equipment purchased by the accessing party shall be the responsibility of that party. K. COSTS. 1. Unless otherwise provided herein or in a supplementary writing, each party shall bear its own costs in relation to this MOU. Even where a party has agreed (or later does agree) to assume a particular financial responsibility, the party's express written approval must be obtained before the incurring by another party of each expense associated with the responsibility. All obligations of and expenditures by the parties will be subject to their respective budgetary and fiscal processes and subject to availability of funds pursuant to all laws, regulations, and policies applicable thereto. The parties acknowledge that there is no intimation, promise, or guarantee that funds will be available in future years. L. LIABILITY. 1. The LEX is not a separate legal entity capable of maintaining an employer- employee relationship and, as such, all personnel assigned by a party to perform LEX LEX MOU 9/11/2008 Page 7 of 13 related functions shall not be considered employees of the LEX System or of any other party for any purpose. The assigning party thus remains solely responsible for supervision, work schedules, performance appraisals, compensation, overtime, vacations, retirement, expenses, disability, and all other employment-related benefits incident to assignment of its personnel to LEX functions. 2. Unless specifically addressed by the terms of this MOU (or other written agreement}, the parties acknowledge responsibility for the negligent or wrongful acts or omissions of their respective officers and employees, but only to the extent they would be liable under the laws of the jurisdiction(s) to which they are subject. M. GOVERNANCE. 1. The parties recognize that the success of this project requires close cooperation on the part of all parties. To this end, the LEX system will be operated under a shared management concept in which the parties will be involved in formulating operating policies and procedures. The Project Board of Directors will consist of the head (or authorized designee) of each participating law enforcement agency. The parties agree to comply with all future policies and procedures developed by this Board of Directors. 2. Each member of the Board of Directors shall have an equal vote and voice on all board decisions. Unless otherwise provided, Roberts Revised Rules of Order shall govern all procedural matters relating to the business of the Board of Directors. 3. A chairperson shall be elected by its members, together with such other officers as a majority of the Board may determine. The chairperson, or any board member, may call sessions as necessary. For a meeting to occur a minimum of 51 % of the membership must be present and a simple majority of those present shall be required for passage of any policy matters. A tie vote does not pass the matter. In urgent situations, the presiding officer may conduct a telephone, teleconference, webinar or email poll of Board members to resolve any issues. The Board of Directors .may also establish any needed committees such as technical, user, oversight, and legal. 4. Disagreements wholly among and between LEX members arising under or relating to this MOU shall be resolved only via consultation at the lowest practicable level by and between the affected parties and their sponsoring agencies (or as otherwise may be provided under any separate govemance procedures) and will not be referred to any court, or to any other person or entity for settlement. All unresolved matters will go before the Board of Directors. 5. The Board of Directors may establish additional procedures and rules for the govemance of the LEX system and in furtherance thereof may enter into one or more separate formal or informal agreements, provided that any such agreement does not conflict with the spirit, intent, or provisions of this MOU, and is sufficiently memorialized LEX MOU 9/11/2008 Page 8 of 13 to meet the business purposes of the Board of Directors (including adequately informing current and future parties). Such governance agreement(s) may, for instance address: organizational structure and control; executive management and administration; delegation of authority; operating policies, procedures, rules, and practices; meetings, quorums, and voting procedures; audits; and sanctions (including involuntary termination of a party's participation in this MOU). N. DISCLOSURE OF THIRD PARTY INFORMATION. 1. When addressing any request for the disclosure of third agency information where that information was obtained as a result of a query(s) made through the LEX system, the participating agencies shall comply with the following policy: (a) In all cases, for providers of any third agency information held in another LEX MOU signatory's files, the provider retains proprietary ownership of the information other than as provided by specific law. (b) As agreed by all parties and established in Sections G, H and I of the LEX MOU and herein, information acquired through the LEX System by all parties, shall be considered sensitive law enforcement information, the non- disclosure of which is essential to law enforcement or the protection of on-going investigations and persons rights to privacy. Therefore, in all cases the agency with proprietary interest will be immediately notified of a request for sharing or disclosure of that information from any agencies or parties outside of participating agencies in the LEX system. (c) All parties agree to assist and cooperate with any signatories in protecting information from harmful disclosure to the fullest extent of the law. (d) It is not the intention of this agreement to circumvent or obstruct existing open government and/or public information disclosure laws. Rather it is intended to ensure the protection of sensitive law enforcement information, information that has been designated as part of an active and ongoing investigative effort by any party, and other information as protected by applicable Federal and State privacy laws. O. NO RIGHTS IN NON-PARTIES. 1. This MOU is an agreement among the parties and is not intended, and should not be construed, to create or confer on any other person or entity any right or benefit, substantive or procedural, enforceable at law or otherwise against any State, county, locality, or other sponsor under whose auspices a party is participating in the LEX or the officers, directors, employees, detailees, agents, representatives, contractors, subcontractors, consultants, advisors, successors, assigns or other agencies thereof. LEX titOU 9/11/2008 Page 9 of 13 P. EFFECTIVE DATEIDURATIONlMODIFICATION/TERMINATION. 1. As among the original parties, this MOU shall become effective when the duly authorized representatives of each party have all signed it. For parties who subsequently join, this MOU shall become effective when completed and signed by the joining party's duly authorized representative and countersigned by the representatives of all the other parties applicable at the time of the joining. 2. This MOU shall continue in force indefinitely for so long as it continues to advance the participants' mission purposes, contingent upon approval and availability of necessary funding. 3. This MOU may be modified upon the mutual written consent of the duly authorized representatives of all parties. However, the parties may, without the need of formal MOU modification, cooperatively address and resolve administrative, technical, and operational details relating to this MOU, provided that any such resolution: does not conflict with the spirit, intent, or provisions of this MOU; could not reasonably be viewed as particularly sensitive, controversial, or objectionable by one or more parties; and is sufficiently memorialized to meet the business purposes of LEX governance (including adequately informing current and future parties). 4. This MOU may be terminated at any time by the mutual written agreement of the duly authorized representatives of all parties. A party's duly authorized representative may also terminate the party's participation in the MOU upon written notice to all other parties of not less than sixty 60 days. A party's participation may also be terminated involuntarily as may be provided in applicable governance agreement. If a party's duly authorized representative severs employment with their parent agency a new MOU must be signed by the agency's new representative within 90 days for that agencies continued participation in LEX. 5. Upon termination of this MOU, all property being used under its purview will be returned to the respective supplying party. Similarly, if an individual party's participation in this MOU is terminated, the party will return any property to supplying parties, and the remaining parties will return any property supplied by the withdrawing party. 6. All information contributed to the LEX by a terminating party will be deleted from LEX. 7. As to information obtained through the LEX system during a party's participation under this MOU, the rights, obligations, responsibilities, limitations, and other understandings with respect to the disclosure and use of such information shall survive any termination. This applies both as to a terminating party's information, and to the other parties' disclosure and use of a terminating party's information. LEX MOU 9/11/2008 Page 10 of 13 Q. APPENDICES. A. Form for new agencies to join MOU (and copies of executed forms for each new agency which has so joined) IN WITNESS WHEREOF, the parties have executed this MOU by the signatures of the duly authorized representative of each participating agency on an individual page attached hereto and incorporated herein as part of this MOU. PALM BEACH COUNTY INFORMATION SHARING INITIATIVE LAW ENFORCEMENT EXCHANGE (LEX) MEMORANDUM OF UNDERSTANDING Signatory Page For The CITY OF DELRAY BEACH Signature: Date: Name: DAVID HARDEN Title: CITY MA[VAGER WITNESS: Name Title APPROVED AS TO LEGAL SUFFICIENCY CATHERINE M. KOZOL, ASST. CITY ATTORNEY LEX MOU 9/11/2008 Page 11 of 13 APPENDIX A -PALM BEACH COUNTY INFORMATION SHARING INITIATIVE LAW ENFORCEMENT EXCHANGE (LEX) MEMORANDUM OF UNDERSTANDING PURPOSE. This document effects the joining by the in the MEMORANDUM OF UNDERSTANDING AMONG T TICIPATING AGENCIES FOR AN INFORMATION SHARING INITIATIVE KNOWN AS THE PALM BEACH COUNTY LAW ENFORCEMENT EXCHANGE (LEX). AUTHORITY. Authority for the Joining Party to enter into this MOU includes: AGREEMENT. The Joining Party agrees to abide by all provisions and assume all obligations and responsibilities of the MOU, including any formal changes and any administrative, technical, and operational resolutions in effect at the time of execution (as to which the Joining Party acknowledges being provided copies or other adequate notice). In return, the Joining Party shall also be considered a party and shall have the same rights and privileges as the original parties. POINT OF CONTACT. The Joining Party's POC is: Name and Title: Anthony W. Strianese, Chief of Police Office Phone: (S61) 243-7851 Cell: t S61) aa, _~2~ Fax: t 561) ~4~_7g2d Delray Beach Police Department Address: 300 West Atlantic Ave. , Delray Beach FL 33444 Email/Oth~r~rianes@ci . delray-beach, fl . us COSTS. Unless otherwise agreed in writing, the Joining Party shall bear its own costs in relation to the MOU. EFFECTIVE DATE/DURATION/TERMINATION. This document shall take effect when completed and signed by the Joining Party's duly authorized representative and countersigned by the representatives of the LEX Board of Directors authorized to do so under the LEX governance procedures applicable at the time of joining. Thereafter, duration and termination of the Joining Party's participation in the MOU shall be as provided in the MOU. LEX MOU 9/11/2008 Page 12 of l3 FOR THE JOINING PARTY: Signature: Date: Name DAVID HARDEN Title and Agency: CITY MANAGER, CITY OF DELRAY BEACH FOR THE PALM BEACH COUNTY LAW ENFORCEMENT EXCHANGE (LEX): Signature: Date: Name: Title and Agency: Chairperson, LEX Board of Directors I Signature: Date: Name: Title and Agency: Secretary, LEX Board of Directors LEX MOU 9/11/2008 Page 13 of l3 MEMORANDUM TO: Mayor and City Commissioners FROM: Terrill C. Pyburn, Assistant City Attorney THROUGH: Susan A. Ruby, City Attorney DATE: January 7, 2009 SUBJECT: AGENDA ITEM 8.H. -REGULAR COMMISSION MEETING OF .TANUARY 20, 2009 AMENDMENT N0.2/TRI-PARTY OPERATING AGREEMENT/MIRACLE LEAGUE FIELD ITEM BEFORE COMMISSION Amendment No. 2 to Tri-Party Operating Agreement for the Miracle League Field at Miller Park. BACKGROUND The attached Amendment No. 2 amends the original agreement between the City of Delray Beach, the Miracle League of Delray Beach, Inc. and Anthony V. Pugliese, III, Trustee for Anthony V. Pugliese, V, to extend the term of the Agreement from two (2) years to four (4) years from the date of exection on May 3, 2006. RECOMMENDATION The City Attorney's Office recommends City Commission discretion. AMENDMENT NO. 2 TO TRI-PARTY OPERATING AGREEMENT FOR THE MIRACLE LEAGUE FIELD AT MILLER PARK THIS AMENDMENT NO. 2 to the Tri-Party Operating Agreement is entered into by and between the CITY OF DELRAY BEACH, FLORIDA, ("City"), MIRACLE LEAGUE OF DELRAY BEACH, INC. ("MLDB") and ANTHONY V. PUGLIESE, III, TRUSTEE FOR ANTHONY V. PUGLIESE, V ("Naming Rights Sponsor") on this day of WITNESSETH WHEREAS, the City, Miracle League and Naming Rights Sponsor all covenant and agree to amend and modify the Tri-Party Operating Agreement entered into on May 3, 2006 and the Amendment No. 1 dated August 4, 2006 in order to provide an extension of time for the construction of the Miracle League Field, in order to provide that MLDB shall indemnify Palm Beach County, to provide insurance requirements for the Miracle League in connection with their use of the Miracle League Field at Miller Park, and in order to provide that the Miracle League Field shall be named the "Anthony V. Pugliese V Miracle Field. NOW, THEREFORE, in consideration of the mutual covenants, stipulations and agreements herein contained, the parties agree as follows: 1. The recitations referred to above are hereby incorporated herein. 2. Paragraph 3, "Construction of the Miracle League Field", of the Tri-Party Operating Agreement dated May 3, 2006, shall be amended as follows: The Miracle League Field sha[I be constructed in a manner that meets all Miracle League Field design components. It is anticipated that construction shall be completed within *~~,.~ flour 4 years of the execution of this Agreement. 4. All other terms and conditions of the Tri-Party Operating Agreement of May 3, 2006 and the Amendment No. 1 dated August 4, 20x6 not in conflict with this Addendum shall remain in full force and effiect and are incorporated herein. IN WITNESS WHEREOF, the parties hereto have set their hands, the day and year first above written. ATTEST: CITY OF DELRAY BEACH, FLORIDA By: City Clerk Rita Ellis, Mayor Approved as to legal form And. sufficiency: City Attorney 2 MIRACLE LEAGUE OF DELRAY BEACH, INC. fitness Print Name: ~Cc~. ~~ ~r~~ u~-r ~_ - ~~,CSc~.n ~G~~~1 Witness Print Name~~s~~ ~•Mf~~ By: Print Nam '~'~~" 14,w~e 1 Title: i~~ STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this~~" day of em b~~ , 2008, by e v {name of officer or agent, title of officer or agent) of m ~ r a c I ~ ~- e a~~ ~ -e a ~ De !r o y ~a cam, ~Tr, `` (name of corporation acknowledging), a /~l~n~ d o~ {state or place of incorporation) corporation, on behalf of the corporation. He1S#e is personally known to me identification SWORN TO AND SUBSCRIBED before me thisZ ~~ day of r, ,c._, .2008. Notary u is My Commission Expires:: ' ~ .Catherine ir~gies~ • n=Commission # DD565576 Expires July 22, 2010 e~a.e rRr ~- ., ~, eaaaesac}o. 3 NAMING R[ Witness Print blame: ~t.L,Ri ~!~'t~.~ P STATE OF FLORIDA 7~(~{ l~" COUNTY OF PALM BEACH By; SPONSOR; The foregoing instrument was 1 acknowledged ,` " ' ~ before ~ l ' me this .day of / , 2008, by l? V • ~1 ~. ~~ l ( t, ' He1She is personall~kn_own to me or has produced (type of identification) as identification and did (did not} take an oath. ~ SWORN TO AND SUBSCRIBED before me thisday of G~/w, 2008. Notary Public -,,~~n~a~ My Commission Expires: SC ~ 4 AMENDMENT N0.1 TO TRI-PARTY OPERATING AGREEMENT FOR THE MIRACLE LEAGUE FIELD AT MILLER PARK THIS AMENDMENT NO. 1 to the Tri-Party Operating Agreement is entered into by and between the CITY OF DELRAY BEACH, FLORIDA, {``City"), MIRACLE LEAGUE OF DELRAY BEACH, INC. ("MLDB"} and ANTHONY V. PUGLIESE, III, TRUSTEE FOR ANTHONY V. PUGLIESE, V {Naming Rights Sponsor") on this day of , 2D06. WITNESSETH WHEREAS, the City, Miracle League and Naming Rights Sponsor all covenant and agree to amend and modify the Tri-Party Qperating Agreement entered into on May 3, 2006, in order to provide that MLDB shall indemnify Palm Beach County, to provide insurance requirements for the Miracle League in connection with their use of the Miracle League Field at MiNer Park,. and in order to provide that the Miracle League Field shall be named the "Anthony V. Pugliese V Miracle Field. NOW, THEREFORE, in consideration of the mutual covenants, stipulations and agreements herein contained, the parties agree as follows: 1. The recitations referred to above are hereby incorporated herein. 2. Paragraph fi{b), "Naming Rights and Sponsorship", of the Tri-Party Operating Agreement dated May 3, 2D06, shall be amended as fellows: {b) The Miracle League of Delray Beach, Inc. hereby awards the naming rights sponsorship of Miracle League Field to the Naming Rights Sponsor as identified in this Agreement. The purchase of the naming right sponsorship shall mean that the Miracle League Field shall be known as the "Anthony V. Pugliese V Miracle League Field of Delray Beach", until January 29, 2079 when the City's lease with Palm Beach County for the- use of MiNer Park expires so long as Naming Rights Sponsor agrees to provide fifty percent {50%} of the funds necessary to repair or replace any major component of the Miracle League Field due to wearltear andlor expiration of product within three {3} months after notice of need for same has been provided to Naming Rights Sponsor and so long as the terms of this Agreement are met. Miracle League of Delray Beach, Inc. agrees to provide the remaining fifty percent (50%) of the funds within three {3) months of notice of need for same. If the Naming Rights Sponsor does not pay the fifty percent {50%) of the costs for repairlreplacement of major components, then the Miracle League of Delray Beach, Inc. shall have the right to pursue a new Naming Rights Sponsor and immediately void this agreement and terminate all of the Naming Rights Sponsor's rights herein. Major components shall include: field materials, fencing, scoreboard and restroomlconcessions building. If the City and the County renew their lease for the City's use of Miller Park, then all parties to this Agreement may continue this agreement upon mutual consent. A sign denoting this name shall be prepared by the Miracle League of Defray Beach, Inc. meeting the ordinances and policies of fhe City of Delray Beach, and shall be mutually acceptable to all parties. The Naming Rights Sponsor signs shall be placed on top of the scoreboard, on the Miracle League Founder's Wall and shall be included in all print media put out by 2 the City of Delray Beach or the Miracle League of Delray Beach, inc. when referencing the Miracle League Field. 3, Paragraph 11, "indemnification", of the Tri-Party Operating Agreement dated May 3, 2006, shall be amended as follows: 11. indemnification/insurance. Miracle League does hereby release and agree to indemnify, defend, save, anal hold harmless the City, and Palm Beach Coun "Coun its as well as all designees, officers, agents and employees of the Ci, ter and County from and against al! claims, actions, causes of action, demand, judgments, costs, expenses, and al! damages of every kind in nature arising out of or connected with, directly or indirectly, the Miracle League of Delray Beach, Inc. andlor Naming Rights Sponsor's use and construction of the Miracle League Field to the extent provided by Florida Statute Section 768.28. The Miracle Lea ue of Delra Beach Inc. shall also rovide insurance to cover le ai liabilities arisin from Miracle Lea ue of Delra Beach [nc.'s use of the field b rovidin roof of eneral liabili insurance in the amount of one million dollars 1 000 000.00 er occurrence with an annual a re ate of two million dollars 2.000 000.00 and shall list the Ci and Coun as additional insureds on the insurance certifrcate. An contractor hired b the Miracle Lea ue to erform construction on the Miracle Lea ue Field shall also rovide eneral liabili insurance in the amount of one million dollars 1 OOO.OD0.00 er occurrence with an annual a re ate of two million dollars 2 000 000.00 3 as well as automobile insurance in the amount of one million dollars '! 400 000.00 €or all owned non-owned or hired vehicles and workers com ensation insurance in the amounts re uired b state law. The Miracle Lea ue's chosen contractor shall also list the Cit and Count as additional insureds on the insurance certificate. 4. All other #erms and conditions of the Tri-Party Operating Agreement of May 3, 2DOfi not in conflict with this Addendum shall remain in full force and effect and are incorporated herein. IN WITNESS WHEREOF, the parties hereto have set their hands, the day and year first above written.. ATTEST: ~•~ city clerk Approved as to legal farm And sufficiency: .City Attorney `~ ~ rf /~~ CITY By:, 4 MIRACLE LEAGUE OF DELRAY BEACH, INC. By: i ess Print Na ~~ Print Name: ~ r Title: Witness Print Name: STATE OF FLORLDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this~L day of 2006, by __ Je-~-~" g ~~ ~ (name of ofFcer or agent, title of officer or agent) of ° , ~I ~ ~~ ~. (name of corporation acknowledging), a ~ c:- (sta#e or place of incorporation) corporation, on behalf of the corporation. He1She is personally known to me or has produced (type of identification) as identification and did (did not) take an oath. SWORN TO AND SUBSCRIBED before me this ~~` day of t~.1 , 2006. Notary Pub ' My Commission Expires: Cather(ne rngi'es~ =•• ~ _ ~ Commission # ~D5B557B ~cl~i+w Ju 22, 2090 5 vol~i~cvVO ~o,cr rnn ~bfCfti4f~9 1;11Y RIIUFSHtY ~u~r~UUr ~ f. , ~~~ - ~ Witness Name: ~~ ,b't ziPN,,kf~~ _ ,~~~~ Witnes~~ ! ~ / E7rint Na ~~~~ . ~ ~S STRTE OF FLORIDA C4UNT'Y OF PALM BEACH NAMING RIGHTS SPONSOR: By: Print N e: nl otJ `r ~ Title: w ~~ Tire foregoing instrume t was ck wledged be ors me this ~8k day of 2006, by ~`e.~ aru (Hems Qf ofl•rcer or agent, title- of offlc r or agents of u r'P ~ (name of corporation acknowledging}, a behaif of the ~~ 1 ~~ (state or place of incorporation , ari HelShe is personally known #o me , d 'nand did t}- take an oath. ~ ~--~ SWORN TO AND SUBSCRIBED before me thls~day o~~ , 2006. NOTARY PUBLIC-STATE DI; FLORIDA Denise A. Wells Commission #DD447994 ~cpires; JUt,Y 06, 2009 Bonded Thru AtlantEc Bonding Co.,. ins. Notarjl Public My Commission Expires: ~ c.~ TRl-PARTY OPERATING AGREEMENT FOR THE MIRACLE LEAGUE FIELD AT MILLER PARK. THIS TRI-PARTY OPERATING AGREEMENT is made this ~"d day of ['~ Q u. _, 2006, between the CITY QF DELRAY BEACH, a Florida municipal corporation {"City"}, ANTHONY V. PUGLIESE, III, TRUSTEE FOR ANTHONY V. PUGLIESE, V ("Naming Rights Sponsor") and MIRACLE LEAGUE OF DELRAY BEACH, INC., anot-for-profit 504(c){3) corporation ("Miracle League"). WITNESSETH; WHEREAS, the City owns/leases part of the property known as Miller Park, and licenses its use to BDBBS, Inc. and WHEREAS, the Clty has indicated its support for the construction of a Miracle League Field at Miller Field by the. Miracle League of Delray Beach, Inc. (MLDB); and WHEREAS, the field will be constructed by the MLDB with a cushioned synthetic turf, to help prevent injuries, have wheelchair accessible dug-outs and a flat surface to eliminate any barriers to the wheelchair bound or visually impaired players; and WHEREAS, the safe of naming rights to the Miracle League Field and other sponsorships will assist in raising a significant portion of the estimated cost of construction and maintenance; and WHEREAS, in order to insure that the field is maintained properly after it is constructed, the City has agreed to maintain the field as herein provided; and WHEREAS, the City Commission commends the Miracle League of Delray Beach, Inc. and the Naming Rights Sponsor for making such a valuable coctribution 1 so that all our children are allowed to enjoy games they would not otherwise be able to play. NOW, THEREFORE, upon the mutual covenants herein pro~rided, the parties agree as follows: 1. Recitals. The recitals set forth herein are hereby incorporated as if fully set forth herein. 2. General Conditions for the Miracle League Field. The Miracle League Field shall be named by Naming Rights Sponsor as set forth in Paragraph 6 below. The Miracle League Field shalt be constructed in the location as depicted in Exhibit "A" to this Agreement by the Miracle League of Delray Beach, Inc. The Miracle League Field is subject to the terms of all previous leases and licenses- not in conflict with this Agreement. 3. Construction of the Miracle League F'leld. The Miracle League Field shall be constructed in a manner that meets all Miracle League Field design components. It is anticipated that construction shall be complete within two (2} years of the execution of this Agreement. 4. Maintenance. The Gity shall maintain the fietd and facilities upon the property, sufficient to meet the standards of maintenance of a City facility and al! reasonable requirements for the maintenance of Miracle League Fields. Maintenance shall not mean total replacement of any improvement. If the major components of the Miracle League Field are damaged by acts of God in a manner that prohbits its use, then the refurbishment shall be at the expense of the Miracle League of Delray Beach, r~ Inc. Failure to refurbish within a one year period after notice is given of the need to refurbish the field or improvements, shall result in this Agreement being void, unless the time limit is extended in writing by both parties. The Miracle League of Delray Beach, Inc. and the Naming Rights Sponsor shall gat have any initial or ongoing maintenance responsibilities. 5. Use. The Miracle League of Delray Beach, Inc. shall be entitled to exclusive use the Miracle League 1=ield, as wail as newly constructed parking on Saturdays and Sundays from 8 a.m. through 8 p.m. and at any other time after first seeking approval from the parks department. Any other groups., .entities or individuals desiring to use the Miracle League Field shall seek a permit from the City. 6. Namins~ Riohts and Saonsorshia. {a) The Miracl® League of Delray Beach, inc. shail have the right to sell naming rights and sponsorships in order to raise money to construct and improve the Miracle League Field. The City reserves the right to accept, reject or terminate, in its sole discretion, any naming rights sponsor or sponsors/advertisers or continuation of such naming rights or sponsorships that would not promote a positive fmage for the City ar fait to be in the public's best interest ar that conflicts with other agreements the Clty has for vending rights or similar contracts. If such adverse action is taken by the City, against any naming rights sponsors or sponsors, they shall na longer have the right to be affiliated with or continue to be recognized in any way with the Miracle League Field, and any appiicable rights under this Agreement shall cease. The Miracle League of Delray Beach, Inc. shat[ inform ail naming rights sponsors or the sponsorladvertisers of 3 these fights and limitations and a!I suc11 sponsors and sponsarfadvertisers shall be subject to all. applicable terms of this Agreemen#. (b) The Miracle League of Delray Beach, Inc. hereby awards the naming rights sponsorship of Miracle League Field to the Nanning Rights Sponsor as identified in this Agreement. The purchase of the naming right sponsorship shad mean that the Miracle League Field snail be known as the "(Naming Rights Sponsor's Name] Miracle League Field of Delray Beach", until January 29, 2079 when the City's lease with Palm Beach County for the use of Miller Park expires so long as Naming Rights Sponsor agrees to provide fifty percent {50%) of the funds necessary to repair or replace any major component of the Miracle League Field due to wearltear andlor expiration of product within three {3} months after notice of need for same has been provided to Naming Rights Sponsor and so long as the tem~ts of #his Agreement. are met. Miracle League of Delray Beach, Enc. agrees to provide the remaining fifty percent {50%) of the funds within three (3} months of notice of need for same,. If the Naming Rights Sponsor does not pay up to fifty percent {50%} of the costs for repairlreplacement of major components, then the Miracle League of Delray Beach, Inc. shall have the right to pursue a new Naming Rights Sponsor and immediately void this agreement and terminate all of the Naming Rights Sponsor's rights herein. Major components shall include: field materials, fencing, scoreboard and restroomlcancessior~s building. If the City and the County renew their lease for the City's use of Miller Park, then ail parties to this Agreement may continue this agreement upon mutual consent. A sign denoting this name shall be prepared by the- Miracle 4 League of Delray Beach, Inc. meeting the ordinances and policies of the City of Delray Beach, and shad be mutually acceptable to all parties. The Naming Rights Sponsor signs shall be placed on top of the scoreboard, on the Miracle League Founder's Wal! and shall be included in all print media put out by the City of Delray Beach ~ or the Miracle League of Delray Beach, Inc. when referencing the Miracle League Field. {c) In addition, the Naming Rights Sponsor shall receive a total of ten tickets each year at no cost for the dinnerlAuction #undraising event for the Miracle League of Delray Beach, Inc. and shall be named on a Miracle League Recognition Plaque. {d) The Miracle League Naming Rights Sponsor may sponsor one or more teams on the same terms as other sponsors and supply uniforms and equipment at ifs own cost, subject to the Miracle League of Delray Beach, Inc.'s approval in order to ensure broad community participation. (e) The namirfg rights herein conveyed shall not limit the other sponsors/advertisers names from being afFliated with or recognized in any way as being associated with the Miracle League or Miracle League Field or any real or personal properly, so long as their name is not used as a name for the Miracle League Field itself. However, other sponsorsladvertisers may lend their names which may be associated with the Miracle League or Miracle League Field or affixed to various Miracle League Field components. {f) The Naming Rights Sponsor's financial commitment shall be commensurate with the Miracle League of Delray Breach, Inc. attached commitment schedule {attached hereto as Exhibit "B°). 5 7. Entire Agreement. This Agreement constitutes the entire agreement between City, Naming Rights Sponsor and Miracle League and may not be altered, amended, or modified except by an insfrument in writing signed by the parties to the agreement with all the same formalities as this agreement. 8. Governin Laws• Venue. This. Agreement shah be governed by and in accordance with the Laws of Florida. The venue for any action arising from this Agreement shall be in Palm Beach County, Florida. 9. Notices. Any notice or communication under #his Agreement shall be in writing and may be given by registered or certified mail.. If given by registered or certified mail, the notice or communication shall be deemed tv have been ..given and received when deposited in the United States Maii, properly addressed, with postage prepaid. If given otherwise, than by registered or certified mail, it should be deemed to have been given when delivered to and received by the party to wham it is addressed. The notices and communication shall be given to the particular parties at the following addresses: City: David Harden, City Manager City of Delray Beach 100 N.W. 1 Avenue Delray Beach, Florida 33444 Naming Rights Sponsor: Anthony V. Pugiiese, lil Trustee for Anthony V, Pugliese, V 101 Pineapple Grove Way Delray Beach, Florida 33444 Miracle League: Julia Kadel Miracle- League ofi Defray Beach P.O. Box 7211 Delray Beach, FL 33482 6 Either party may at any time by giving ten (1 D} days wrstten notice designate any other person or entity or any other address in substitution of the foregoing to which the notice or communication shall be given. 10. Assi nment. This Agreement shall not be assigned or transferred without the consent of the City and MLDB. 11. Indemnification. Miracle League of Delray Beach Inc. does hereby release and agree to indemnify, defend., save, and hold harmless the City, its designees, officers, agents and employees from and against a!I claims, actions, causes of action, demand, judgments, costs, expenses, and ail damages of every. kind in nature arising out of or connected with, directly yr indirectly, the Miracle League of Delray Beach, Inc. andlor Naming Rights Sponsor's use and construction of the Miracle League Field. 12. Termination or Cancellation of Agreement. This Agreement may be terminated by the City if one of the following occurs. (a} Institution of proceedings in voluntary bankruptcy by the Licensee. (b) Institution of proceedings in involuntary bankruptcy against the Licensee if such proceedings lead to adjudication of bankruptcy and the Licensee fails within ninety (90) days to have such adjudication reversed. (c) A failure, neglect or a refusal within six (6} months to cure after receiving notice thereof from City to conform to any direction or instnaction that may be properly given by CHy or failure to conform to any applicable law, ordinance of 7 regulation of the City, County, State, or Federal government, or shall fail, neglect or refuse to pay any amount due hereunder wi#hin six {6) months after the same shall become due or shall default in the performance of any of the material terms or provisions herein required, it -shall then be lawful for City, at its option, to declare this Agreement terminated and forfeited and City may, in addition to other remedies available to City, thereupon re-enter and possess unto itself all rights and privileges of ownership or by virtue of its lease and in the event that Miracle League Field or its designee shall remain in possession one (1) day or more after such termination or forteiture, the entity or person in possession shall be deemed guilty of a forcible trespass. (d) Failure to construct or operate in a manner consistent with the public interest and this Agreement. {e) The City andlor MLDB may terminate this Agreement in accordance with Paragraph 6(A) If the Naming Rights Sponsor fails to promote a positive image {i.e. he is convicted of a crime of moral turpitude} for the City or if it is determined that the Agreement is no longer in the public's interest or if this Agreement conflicts with other agreements that the City has for vending rights or similar contracts. 13. The parties understand that the use of the field shall be open #o the public after proper permit approval on the same basis as other City facilities except for those times assigned to MLDB as outlined in this agreement and the parties have na right to otherwise restrict the use of the field unless it is determined that general or specific use 8 of the field could cause injury or damage to the specific materials used in the construction of the field. 14. This Agreement is not effective until signed by both parties. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed by their proper officials an the day and year first above written. ATTEST: BYE ~,ppQC~. aopu~j City Clerk czs~lo~fat~o co Approved as to Form: ey: ity Attorney ~~IQ NESSES: Print Name. S _~ Prin# Na B~Z/r STATE OF FLORIDA COUNTY OF Q ~rn Ea GL Th foregoing rostrum nt was - , 20Dfi by h 7~hoh title f officer or agent) of CI" By ANTHON V. GLIESE, lll, TRUSTEE FORANT~I } I~(. P~GLIESE, V Print Nom: ~4n~~ny V. Pugliese, III, before me this ~Y "day of ~.- fnaroe of o#Ficer or spent, acknowledging}, ~ , an behalf of the corporation. Hel9#e"7s personally known to me and did~($+~~}' take an oath. // J~~.[~C~ J . !i(/ NOTARY PUBLiC•STA'1'E 0~ FLORIDA otary Public - fate of Florida Denise A. Wells Coa-mistfo~ #DD447994 'Thru y-t~ndc ~70~~a, 9 MIRACLE LEAGUE OF DELRAY BEACH, INC. By: Print Name- ~~.~~ 14..a~,~ STATE OF FLORIDA COUNTY OF Pte, T.~4~h The foregoing instruments wras acknowledged before me this ~~ may of ~ , 2iJOfi, by ~~'t~ ~~c~de ~ (name of officer or agent, title of officer or agent) of ~~nul~Leao~uec~`-~t,rre~~ac~ ~(~ame of corporation acknowledging}, a ~1~,rtda (state or place of incorporation) corporation, on behalf of the corporation. He/She is personally known to me or has produced ~-~~. ~ _~y b~424~6'1- ~ 9~type of identification} as identification and did (did not} take an oath. ~/J~ I' ~ . No Public -State of Florida . ~~'' "~ Joanna M. Weavar Cotrurtission #k Df?2854~5 r~ ~ Expires Febntary 6, 2048 '~' r~ •., ~' r,na~anorf~-hwrri,r~e. ~ooal6aun 10 WITNESSES: EXE~HIT "An a 1 R x ~ ~ E ~ ~ F ~ 1 0 i ~ e ! G r G L=7 i=i f~~ fJ CJ ~ q ~ . ~ ~ b M ~~ ~ i! ~~ 4 i 4 i i G F Y' ~l O©~ U ~' L~7 i~ W t~ to ~ ~ ~ .. S~ ~,~. '~ ~al-~ Q N 3 N J V t J .~ m W N t m W J m H W L~ ,~ LC .4 4, iC d a oc W J J_ f W i~ t W J W ..~ i~ t _~ W m .J W 0 EXHIBIT "B" "C©mmitment Schedule" Amount When Due $50,400 When the Namin Ri ts. A ement is executed $20 000 When the contract far the field is executed $50,000 When the field materials are deli~rered $15 OOU When the field is installed $15,04(} When the fiunal surface aintin is com Iete MEMORANDUM TO: Mayor and City Commissioners FROM: Terrill C. Pyburn, Assistant City Attorney THROUGH: Susan A. Ruby, City Attorney DATE: January 7, 2009 SUBJECT: AGENDA ITEM 8.I. -REGULAR COMMISSION MEETING OF .TANUARY 20, 2009 REIMBURSEMENT AGREEMENT BETWEEN MIRACLE LEAGUE OF DELRAY BEACH, INC. AND CITY OF DELRAY BEACH ITEM BEFORE COMMISSION Reimbursement Agreement between Miracle League of Delray Beach, Inc. and City of Delray Beach. BACKGROUND The attached Reimbursement Agreement provides that the Miracle League shall reimburse the City $250,000 for the construction costs of the Miracle League Field with $150,000 to be paid within ninety (90) days of the City's request for same and the remaining $100,000 to be paid within thirty (30) days of the time line set forth in Exhibit "B" to the Tri-Party Agreement dated May 3, 2006. The approximate cost of the Miracle League Field is $540,000 (which is part of the Miller Park bid). The Miracle League will reimburse the City for $250,000 as stated above. Palm Beach County will reimburse the City for up to $250,000 in grant funding after the City spends $310,750 for the Miracle League Field. RECOMMENDATION The City Attorney's Office recommends City Commission discretion. REIMBURSEMENT AGREEMENT BETWEEN MIRACLE LEAGUE OF DELRAY BEACH INC. AND CITY OF DELRAY BEACH THIS AGREEMENT is made this ~_ day of 3,~~~,r,,,~~ , 2009, between the MIRACLE LEAGUE OF DELRAY BEACH, INC.. ("MLDB") and CITY OF DELRAY BEACH ("City"). WITNESSETH: WHEREAS, City is constructing the Miracle League Field to accommodate disabled children; and WHEREAS, the Miracle League Field shall be loco#ed at Miller Park in Delray Beach; and WHEREAS, the construction costs vfi the Miracle League Field shall be paid for by the City and the City shall be reimbursed by the Miracle League in the amount of Two Hundred Fifty Thousand Dollars ($250,OOOAO} with One Hundred Fifty Thousand Dollars ($150,OOQ.00) to be paid within ninety (90) days of request for same and the remaining One Hundred Thousand Dollars ($100,OOOAO) to be paid within thirty (30} days of timeline provided as Exhibit "B" to the Tri-Parley Operating Agreement entered into on May 3, 2006. NOW, THEREFORE, based on the promises and covenants made herein, the parties agree as follows: 1. Recitations. The recitations set forth above are incorporated as if fully set forth herein. 2. Reimbursement. MLDB has agreed to reimburse the City for construction costs in the amount of Two Hundred Fifty Thousand Dollars ($250,OOOAO} for the construction of the Miracle League Field at Miller Park as expressed in the itemized cost breakdown attached hereto as Exhibit "A" and incorporated herein with One Hundred Fifty Thousand ^ollars ($150,000.00) to be paid within ninety {90} days of request for same and the remaining One Hundred Thousand Dollars ($100,000.00) to be paid within thirty (30) days of timeline provided as Exhibit "B" to the Tri-Party Operating Agreement entered into on May 3, 2006. 3. If the MLDB fails to repay the total amount due the City, the City may take whatever action it deems is necessary in law or equity to recover the monies advanced herein. 4. This Agreement shall be governed by the State of Florida and venue shall be in Palm Beach County, Florida. 5. This Agreement shall not negate any term of the following precedent agreements between the parties: a. The Tri-party Operating Agreement for the Miracle League Field at Miller Park dated May 3, 2006; b. Agreement between Palm Beach County and the City of Delray Beach for Construction of the Miracle Field at Miller Park dated April 1$, 2006; and c. Amendment No. 1 to Tri-Party Operating Agreement for the Miracle League Field at Miller Park dated August 4, 2006. 2 d. Amendment No. 2 to the Tri-Party Operating Agreement for the Miracle League Field at Miller Park. 6. The signatories assert that they have the authority to execute this Agreement on behalf of the parties to this Agreement. 3 ~ IN WITNESS WHEREOF, the parties have executed this Agreement and it is effective on the date first written above. WITNESSES: ` ~~ Print Name: Print Name: ~ -~ MIRACLE LEAGUE OF DELRAY BEACH, INC. By: v y-~~ Jeff Kadel, President STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this ~~day of '~, a , 2009, by ~~~r~5 r ~.~~{- {name of officer or agent, title of offic or agent) of ~[r U ~('n~ne of corporation acknowledging), a '~~~~, c~ (state or plac f incorporation) corporation, on behalf of the corporation. He She is personally known to me or has produced (type of identification) as identification. S ~~ Signature of Notary Public -State of Florida ,~" ° Susan Klm Ines ~ ~ C~issicn ~ DD389500 '~ Expiros February I, ZOa9 ~~ Bane Tny Frn . Yie. apQ.3lS741! 4 WITNESSES: Print Name: Print Name: STATE OF FLORIDA COUNTY OF PALM BEACH CITY OF DELRAY BEACH, FLORIDA By: Rita Ellis, Mayor The foregoing instrument was acknowledged before me this day of 2009, by (name of officer or agent, title of officer or agent) of (name of corporation acknowledging), a (state or place of incorporation) corporation, on behalf of the corporation. He1She is personally known to me or has produced {type of identification) as identification. Signature of Notary Public -State of Florida 5 EXHIBIT ~~A" Q P'y .. .. .. {] W apF ~Wa Z ~U~W Q ~~zo ~pQca W U w V-.juU,~U ^ w~~~ ~~W~ a °o~° N O! N Ok 0 ~' ~. Q µ~j ~, I ~. I I ~ ~ A a 1 t ~ ~ Q C '~ v~ M~` C~ m ~ y . U. 4 hfp~F~ u m m w m ~~ K ~~ ~ Cm V.9p o`o e~ ~o ~m ~vw`." titi$M L N l!! ~ e0 + ~ I ~ ~ .Y-. ~ L .II}i v ~A v O 'O 0 0 0 0 0 6 0 g 00 00ooooo ~o r 'ooccooq~: ax w m co cd co v a ~ ~ ~ ~~ Enu~~ vi•awta a ~, c L7 ~ a ~ z m a o ~ ~ ~ E9 N ~ ~¢~ a 0 ~~ 7 ~ WQ ~a9u~,i~wU ~'~ ~O Q~ a i00•' 7Z ~ ~ m ^ot17}•Ctry~C=- i m U C On1i.l m Ww~W 8 `~ ~t ~~Q~vO~~~ m ~U ~.JZ a ~.r1i °S" Q~ rnn..Q E pZpQp E~ v m U O rii ~~~¢ w F~ ~~ ~~'d~UaoaWECZU o'er: C9 v ~'¢~~a~~~aZ G~ ~ d ~ Q d- ~ w~ Q ~ ~ OZ Uf-~ tdaF-~Uf~ apcp 2U ~nl c'svui, id~ad 6i fi Q tl ~9~' 4i .~ ag r ~. b pp o o ~ E ~5' ~ s $ .~~°G~ o.~53a v ~ ~ ~{ ~' ~ b ~ a ~~ ~ a ~~.~ ~e ~ y t~s ~ 4 ~ .~ ~ ,o a ~ U ~y 9 ~ m u o '~ ° .~ lL .p ~ O. ~~ti ~,,o'~~ d ~ N h R o y N ~ ~ Y m . C {p lp td - E Cy m~~~ ~ ~ m~~ 0 ~ ~ ~ ~ # ~ N C C p Q ~ C'[~. ~~ ~~p C.U C~ ~~ N g 'O ~_ W N ~ ~ ~ ~ y N 61 ~ d y N y ~ GS tH., ~ O H S ~ m U ~ ~ ~ E m ~ o ~_ o . n ~~ O ~ ~ ~ i L m~~ m~ c ~ ~ ~ rn Z ~ O .m d 7 lL n: C .%:~ ; W2 Z p W ~a~mv~ro v dNi +Q 3g ~ ~ N ~ ~ ~ r o E m c ~~ ~ro y '~ ~ ~ L1 ~ ~ tlf ' p a ~,.~..~.. m Ede ~ (d .C 'Q U ~ .C N rri w O O d~ ~~c~;~cE W }., N ~ ~ « ~ m ~ ~ F _ ~ 0 ~'~Of3 m o ~~ c c~ ~ 3 ap U o ~, m a~ `° ~7 ~' O i U.QU~R ~ ~~ U 6f a' m m 0 W Z O m r 'O O ~ ,!} ~ y Q ~~~~ ~ ~ ~ C i°~cc C 4} O N ~•y W N ~'6 m ~ ~ ~ ~ ~ N .G p~p~ .n, m ~ aE 3 '=Oro$ O N L ~ D t~ O N ~ 145©~~jl~_tl c t ~ ~ F .W w ~~ ~~ N c ~ ~~ mho ~~~ a ~Q~~m m l6 ~ C m w 7 flj N O :~.8~~y ~'« ~ N ~ m p, ~ ~ ~' ~ ~ - p ~ ~~a~~~ ~oE~~.~ ~$¢o~v r U U a m 7n 0 0 N 'M N a r M L ~+ H G O v r+ C a N ~ V ~ - C a~ Q 0 ~ ~V Q. Q. H Z W Q a ~_ d d F^ w ua w ut 7n xr w w w e~ w cv w w w w w w w w w w w w w w w w w w «s en w w u9 es tn rn as tn rn o o g v o ia 0 o 0 o 0 o o 0 a n o o 0 o o o n a o © c `b7 a o o a n g C O ~a a p q p 0 ~ $ ~ ~ o p 0 o 0 0 0 0 o o g a o o c 0 o g. ~ ~. ~ g i g ~ ~a $ 0 g o ~ 0 1n m 0 o N C7 o o 0 o o O o p ~ p g o C .o 0 G c~ ~ ~, ~ ~ ~ C ~, ~ ~ $ ~o o o - o C OO' O °o C'. °o O °o o 0 °0 0 ~ ~ C b D $ ~ O g O $ .c~c~ 2`i QQ c'5 1i] CO slt 'K Iti 171 M ~ ~ If1 f~ 1(I V' 111 ~ Ki /al {C7 N SD r OG O! ~ W r ~ ~ ~ N pp ~ b pp th r 1L5. d' ~i1' N ~ Q . Ln ~- 1h Q r r N V/ N OC r m N yy~a 1A pp N 1n Q LL] R'! a (~ w w w w w N w a A w a '' S r f w w r w rs rn rq W w M Fq +9 fy w i9 w w w f/f w w w w w . w w w w w H w r9 ~ `. 69 w M w w w w w f9 fA w fA w w .w w 69 w w w w VY w w f/i rA v7 w w rR vi 7n w tq fA N f9 7n rA w is bs 5 U l- rs> vy ~.~ v+ cn w ~ rn u1 cn ~ cn ui Wf 1n 7n 1n w ~n en cn ~> rn 7n cn cy V3 1R w w ua en 7s~ va Fn 7s1 e~ cri +n e» en Fn U .a D .a b .r. O ., ~ b .a b o ~ /3 o b .tea O op O :~ O .o b .a O -Q l3 .a b .F. b .~ b _a a ..c b .~ O .n b o~ b .a b .a b ~n b .-a b a b ,f~ b ~n D ~° ¢ S b .e b o Q p b ~ b .e O ~ O ~w g O p ~ p ~n 4 a 'O o O a ~. A. W ~~ w w .n +a te w ~ l+s us en ev ea as ar w w an w +n w rn w w ur ~ ea l» w w w ctr w a9 rA ~ w ar as w w w w » ° ° ` o e e a o o aR p ° ° -~ a ~ ~~ ° ~ • a e o e o .o ~ ° a t e e o o ° p o ~ o o ~' a o > b a . a o o .b o 0 o b a o a • 0 a 0 $ n gi o $ a o o $ . °o ; 0 0 0 0. 0 o a b o g o 0 0 o a p a o o p o a o ~i $ g ~i g ~ g g .g $ g $ t~ S $ g S g r~ $ ~ g g g g g $ ~ g g $ g 8 g1 g g g ~ S g g `~'i ~ , o~ e 0 0 o 0 0 , o o 1C! u4s 'a9 a 0 N c4, O 'S 'O g O $ d a~ o o O~ , ~ C e 0 O d 0 an ~ o 0 O c 0 1f3 , a 0 O ~o ~ c 0 'O ~ O .o o O g gi O c o O. o o O $ O t8i- O o 0 O ~ o 0 O , c~ 7p g 0 c~' 0 $ 0 ~ 0 ~ O ~ G g - g O © !n i'7 Jn Of N ~T ~ CI7 P7 ~ r pp IA N f~ Sn 'Q N r+ ICl C] {{((~~ N W r W {p OJ 0p {O 017 ~ {(~ V B Ih lA N 00 l[Z N Q GO ~ ~ ~ h N L7 fh Q 1L7. A 1n Q r r N ~[T t7 1~ m ~ m N {(~ 171 pp In N Q V/ W In . w lq w di w i'? F9 f9 w w M3 19 F9 N l9 M w w w 4) f9 w (A w fA w w w W W w w w w ~ u! w W t9 fH w M Y} ~, . , ~~ °0 , g o o ~ ~oo, o °a, 0 °0 o° °o 0 0 0 °0 °0 0 °0 °0 0 °a °0 °0 °0 °o °o °o °o °a ~ o o 0 0 " ~~ 0 °o ~ OO °0 °o °o 5~~ 5 25 Q 5~ ?S QQ S Q Q ~S Q Q 'a6 ~ Q 25 Q 2 5 5 ~ S 5 ~ 2S Q $ Q 2 $ Q i5 Q 8 5 ~ 5 ~ 5 L } ~ 25 5 ~ ~S ~ 5 ~ ~' 5 ~ ~ 5 ~ 5 ~ 25 5 ~ ES 5 ~ 25 r 25 ~ $ Q 25 5 ~ 25 Q 25 ~+ 25 Q 2 5 ~ ~ 5 ~ 2 5 ~ s 25 ~ 5 ~ 25 ~ ~ ~~ ~ 'Q tl ~ ~ 'a is 'Oi ri r 6 ~i ~ ~ ~ 1 ~ G7 N tr c7 W t O Ci uW7 m ~ i ~ 1 l ~ oNFi ^ 00 ,~- `~- N cm+~ R A- a ~ [ v ~ " ~ y 0 ~ N f ~ ~ ~ V ~ u1 1n w w w w w w rn w w w w w w ~e w w ari u r us w w a n ur ve sn w w w w w Ya ~r w w wr «s vi n e vr vi dr ' .~.7 J J J J ~ J J ~ ~ ~ ~ J ~ ~ J J ( //J ...1 J J J ]] ((// J ~ ~ J J ~ J J J J~ J ~ ~ ~ ~ N J J ~j (~J ,7 a J ~ •a~ V r r ~ r r r r r ~ ~ j ~ W Z J ~ O pZ p ~ Y7 U WW J U: . ~ W V' ~ Z ~ O X m ~ e U Z ~ w ] ] to J Z N Z J T (7 g F- ~ J : ~ C7 LL . ~ m ' r°y~ AC W U z U z z m J ~ ~ z a W 1o ~ ~ u? C9 z~ cn ~ w ~ y ~ z ? w~ ~ ~ ~ z ~ ~ ~ z m _ ~ : 1u a U' U W ~ ~ 6 ~ ~ ~ ~ ~ ~ ~ ~ ~ w z ci z w a A ~Z ~- ~ a ° ~ c j a w^ 0 ~ 7 ~ 0 n - o~ ~ ~ J ~C, ~ ~ ~ ~ ~ ~ ~ ~ y W c v a a a z r- y z O ~ ? C7 ~ O t ~ 6 F Z Y ~ 4 m a ~ Q a ~ W ~ = ~ 7 w p z ~ F 0 ~ m EC ~ ~ - O ~ rfl 6il ~ r/] ~ W F- : Z O C7 ~ p F ~ ~ ~ W b z - Y UU :"~ F t~ O ~ ~y Z U O U tai Z ~ O ~ p ~ ~ W ~ Y O ~ a F ZW ~ ,~ ~ W ~ f Z Z .UF) F .~ ~ ~ Oa fA 0 }sW-y ~ y ~z g ~ LLL~SSS ~ U z ~ ~ ~ ~ z ~ = ~ d U ~ Z U td _ ~ - J Q [~ ~ fi ~ O ~ ~ U' ~ Z g W~ U . 7 O ¢ E7 ¢ t9 J ~ U ( 9 } . U U ~ 70. ~ 6 . ~ ~ ~ U ¢ ~iJl V ~ U-' ~ ° ~ ~ = ~ n ~ ~ ~ = ~ a ~ a 'O ~ O ~ ~ ~ rx- Z ~ °o ~ ~ ~ O P O~~ o J ~ ~ ~ o ~ o ~ ~ ~. r a m c u v i v , v i c ) Q tn LL ~ X 5,7 <7 ~JDJ ~ W W y ~~ U d' Z a U fO N tb 4. v 0 N a 0 0 v C V L N G O V r N ~ 1 ; w w ea w w eir e9 w ds w rs w w w w w w br w w w w w w w w w vr w w w w rr w w w w e- w w ea w w vr en M p $ pp 0 ~ aa O p 0 G] 4 g 0 p 0 p 0 p 9 pp p pp O pp G pp 4 Q O p O pp O' O 0 p 0 p 0 o 0 o 0 a 0 pp 0 pp 0 pp 0 a O 0 O 0 © 0 O 0. O o O c Q o O a 'O $ o 0 ~p} 0 n O a O pp O pp b nn b p $ p $ pp O ~ 4, 0 o 0 0 0 0 0 o 0 o 0 0 ~ 0 o m g o $ o 0 g o o 0 $ o d o a ~ ~ g ~ S a- ti o in g In g © ~ . $ ~ o ~ ~ ~ : 5~ ~ c $ ~ Q ~ ~ c c S ~ ~ 55~~ g 55~2 Z5 ~ ni r- $ 5~ ~ b ~ nb gi 0 S 0 p p ['7 w ~ e9 v ~ w ~ w ~ w ~ w O v'n ( (~~ OC w II~~ N e9 Cl Vi O en H w ~ fn N w N w N w L+1 w . ~ w ~ w ~ w pp m vs p N w Ii7 w h w N w N w ? m. ro N w Y els O w p t N w N w pp fD w r w ~ N ~ e9 h e9 rr 9P w Il1 M! N Yl o N w Y w 0 ~ w p~~ p h w r w I I I I YY W ' ' ' ' M w ! 9 w Y 9 w k? w M w 6 Y w w 6 9 4 Y 6 9 f R ! A w w cR ro w w w w w w w w w f/ i 69 w w w w w w w w w w w V i U F eA ~ w ~+a v~ v~ eg en u~ w w v ur w w cn w Fn w M en w w an w w c+a da as sn tef vi fn wa w vr eq ya v> vi w w w to w ~ ,~ ; O .~ o -_ --° O ~ O O -= O a. O •o O s O -~ O ~ o ._ 0 ~ o .o D .g O " O ~ O ,.o O ,~ O ~ O ..o O vg O ._ O .~ b a~ 0 ~° 0 a? O se O ag O ~ O ag O o O a O ~° O a 0 ag 0 ~° 0 ~ 0 ag 0 o 0 ag 0 a• 0 aQ 0 o~ 0 a; 0 - !~ pR W in da rA w ei w w w en sA tFl ffl an V'1 sY w Vi ~ H3 ut tH as ew Vr A w w w vt vs w eft eri w w b9 w w w e9 eFi w w 'l~~ {{ ¢l¢yy o a ~ a ° o a ~° `' o "$ ° a ~ ° ~~ ~ 0 0 o a ` g n " e a E ° n o 0 g o o ' o e o o g e ~ ° o ~ ~~ yy y~ O O 0 0 0 , e} 0 0 0 o O. pp 0 6 yy 0 ? 0 O a O a O O o O O O O O p p O O pp 0 0 a 0 3 0 0 0 0 a 0 0 0 a 0 0 o 0 0 0 ~ 3 0 3 0 ~ 0 0 S 8 8 8 8 .8 S S S S S S S 8 S S 8 8 S S S' 8' B S. S S 8 8. 8 8 8 5 .8 8 8 8 8 8 $ 8 8 $ $ $ 8 '~j{ O O pp -O O O 'pp O pQ II! O m pp O O O S O pO O pp O pp O pp {L< pO <fJ pq O. Cpl O pp IA pp Ip pp O pp O pG O qQ O ~{I ~y p IO S p 10 ~ ~ pC Y7 pp Y] O S O pQ O pp O pp C pO O pG O m ~ G O O ~Ofl pp C pO IfY pp'. O CC O' Op O: pp m C N Y r ~ Y l15 ~ N m LL'1 N 4s r cq fV h N t7 N 119 N e9 a 1f} et Y_ ~ O N a N h ul N .~ m ~ m N 'cT IL] en N ~[J N O E ui r N V ui h n r m 1f1. N h N tl' N m W h Ki o W w .~ ~ w e9 .W e9 w. .w en w w w w w e9 an w in rs w en e9 tn w w w ~ w xs ~ w w w w w w w w w ea w w w ey w er~ ° ° ° ° ° ° ° ° ~ ° ° ° ° ° ° ° ° ° ° ° ° ° o ~ .~ g $ ~ o o a ~ $ $ o c~i o. o o ~ ~ a o o ~ o' ~ o o o o. $ o g o a o o ~ o o a o o o $ ~. $ $ ~'` ~ ~ o g d $ d o v~ d 0m ~ o 0 0 0 0 0 0 0 0' o 0 0 d 0 0 d 0 o d 0 in d p~ o tQ. ~ d 0 In o 0 In d 0 a o o 0 d c~ o oo v m ~ o °o 0 l~ 0 °m 0 g 0 v°a 0 i0n 0 ~ 0 °0 0 °0 0 o c o d °a o o ei v c g ~o ~i ~QQ 75 c' ~ o °0 c °o o S ~ C? M O N ~ W 'Q 7 ~ N 'Q' fn lyl v N ro I(7 N O~ r ~[3 ep I(j N A N M N u-i N F'i ar ~ O v O eq O' N U7 h ~ eV 0. _ t7 ~ CY _ V . h N _ ~ N _ O ~ h s der ~ N h ~ 'EO ~ N ~ N V CY _ W h ~ r ~ Q y < ' w1 ~ w w w w w w w w w w w rA UEt m w r+r vi e~ ro w er ra w w p~ w w w w w w w w w w w w w w w en w w w ~ to J Vi J d~ f~/ i~l VI J VJ J fA J fA J y J y J f/~ VJS N J f4 J tq J llJ J (q J fq J V7 J al J y J y J Vl. J ~ y J q .. ii V1 J ~ f~F y J VI J y ,.,1 N J N J U J fJYJ VJJ CA .J W J U J y. J N J VJJ N ~ -~ry~ W ~e~ r r ~ ~ r r r r r 4 WM ~, r r r r O O '. ~ CJ 0 J W (ry - ~- 0 J w " _ U ~ z S J ~ U Z Z o ~y Z Z s ~ o ~ ~ J d~7 ~ S ~ a ~ ¢ ~ ~ N ~ ~ C9 ~ aa W ~ ~ t 5 ~ ~ w ~ ~ ~' ~ Z m ~ J U Z Y ~ ~ lK ~ y O U ~ ~ O ~ C7 ~ ~ ~: ~ m ~ J O U Z ~ q ~z ~ C7 w ~ ~ ~ ~ O~ Q ~ z d' c~ a rz Z w q ~ ~ ~ ~ ~ U. ' ~ U O ~ vl ~ t+~ O 0. vl U4. w 7~ l~ ~ `2 ¢'~ C0 ~ 2 w ~ o '., ~ a `~ U ~ # fA ~ u~~ J_. C7 ' ~ yt r o gFq ,~ [7 0 U z O ~ ~ O 4U m ~ U F- U ~ w~ z O z O w ~ ~ g v~i w F- ~ U. ~ ~ U ~ Z ~ I.. I [[ p ~ °6 Ur ~ Z z O' ~ ~ w ~ X 1- ~ w w `1~ J w ~ ~ 0 z 0 y ~ h. p w {Jja ~ ~' nl J ? 4r 4 } LLI a 3 W ~ O ~ z g0 F a F Q ~- ~ U c7. ? ~ O w a - ~ ~-y F- - ~ ~ a yy ~~. 9F ~ ~ Z 4 ~ F- J ~ t il F ~ f7 Z ro ~a a¢ 3 a a ° O ? o ~ ~a ,~,1 ' 0 ~ ~ ~ y~,I Q~ F ~ g uai ~ a~ o ~ ~ ~~C w ~ 5 0 ~ ~ W C .~i. O `~iJ ~ ~. S~ Q~Q ~ O ~ ~/~y ~ a~ , O s ~ ~ ~ ~z ~ G1 ~m - 'K ~ U w y L] W 5 rn ~ a U d(N U ~ - J U It O U w w w N1 9L .C U w vi D W ~ w ~ Q U a,~ y €p 3 C ~ ~ ~ N 47 f0 d v 6 m N a fl v N ~w Q (.} +• a ;' ~ $ ~ $ $ $ 8 ~ $ $ $ $ $ $ g ~ Q B ~; ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ g ~ ~ ~ ~ ~ ~ ~ m ~, ~ N N ~ p F ~ [V N r v W O m r ( p `cPi t~ to an p l0 i p C] ~ ~, N a "~' N Ni N Mf (9 M M 'V! Y9 V! K K W !A V! Gf fA w V3 ~~ W NY M V3 W 19 w i9 44 Vl f9 dl (9 di VY ~9 fR !A f9 d !~ eii V1 /p V1 VY !77 1~ Ifl V} Vl 44 ffl V! fF1 V3 M i/J W a ~'' c 0 do 0 e 0 .e d .;. 4 .F ~U ~ C? ~; O ~ G a ~, q .d 0 S pCS e 0 0 o 0 n 0 o 0 a 0 ~~.. a /n va va a u> ui rn cry Fa va ~» va fn vs v~ ~ ai 1n v3 ~yy {+~ a. O ~ne O ;E 6 o O a= 0 a 0 o 0 o 0 ~°• 0 o O '~ G ~ 6 ~ O O ~• tl 0 d 0 O 0 O S p O S S p S ' S S O O S p O p O pp O O O O O P pp P -' ~~ pp pp p ~ pp p pp o ] pp ' O N S tC O 'O O O O O ' N 10 O. ~f7 Q fY 8 C f~ O i~ 0 OI 0 N r G V1 N O C C1 O ~ O ~ C7 Y N C ~ N r ~ ~ n m O r m r 1D N {V 1 I~ 1!] Vi p C (O (pp (9 ifi +R fA d! 19 f9 M V1 d3 f A H N N V i W Y l U l di VS d! g G 0 O '© S7 S S pp O p 'C Q C q O pp O p O~ po p po O S S SS O pQS O ~ S O O O p O S o Oo N O S O N $ ~O S O 6 4 ~! 4f N KJ. O u) N r O O ~ ~ m ~ y y N p p Ol p p O C7 (r~j N N r St m O 9G /0 Yl ~ 11] M. W Hi w !/f 4A VS VI Hi Y9 M H Y3 Mi 44 W H K H ~ vl J as J u~ J m J u~ J rn J m J w J m J ~ o m J m J tn J m J ~ ~ vy J m J ua J j}~y V w r r w w r +- r r V r r r r p r r r r z Q U~' z a `tuU~,~ [7 ~'' a O d 2 ~ ~ ~ ~ ~ ~ ~ v~ a~'c ;n ~ ~ <``~~ ~ `~~ ~ o a' F' c~ = N ~ ~ Z ~ ~ ~ . ~ F A Z~ Zz i F F F^~ ~ [p~ 1217 ~j li .,~ m o }.~. ~ " p 1r~. + 7 t U1 ~ " ' ~p ~ - 0 4' 1' f3~ fi/ ~ .. . . Q~ 111 hh W UJ F- ~. K~ ZZ ~d (Y~ ~ U . .. 1 ¢ U ~ U Z W ~yy~ F O ~ C7 ~ ~ F ~' Q: FW-- ~ FW- ~ ~Wy,{ F- ~. a U ~ ~~ ~~ U ~ F ~ O U U 0 j ~ y ] ~ w X D 0 C] 0 U O~ ~... O~ T1,.. J W ~ W ~ W ~ V1 ~ W ^ W 1L ~pp U ~ O ~. F" ~~ F' ~ J ~ H ~' ~ ~ ii1 1C' f~ m ci o °o a S °~ N O R O O ~ ~ ~ r O N ti ~ ~ ~viv,ww n ~ ~ ~ y. y~ r1 p '6 p a :e. ann:aQ 6 O O O O O O O ~~~~ ~ M Oni. N O. 90 41 r P7 vs w w as u u u u M ~ 1f1 W m m Z7 '7 U C' a a n a 01 01 a a m d ~ c.~ TRl-PARTY OPERATING AGREEMENT FOR THE MIRACLE LEAGUE FIELD AT MILLER PARK. THIS TRI-PARTY OPERATING AGREEMENT is made this ~"d day of ['~ Q u. _, 2006, between the CITY QF DELRAY BEACH, a Florida municipal corporation {"City"}, ANTHONY V. PUGLIESE, III, TRUSTEE FOR ANTHONY V. PUGLIESE, V ("Naming Rights Sponsor") and MIRACLE LEAGUE OF DELRAY BEACH, INC., anot-for-profit 504(c){3) corporation ("Miracle League"). WITNESSETH; WHEREAS, the City owns/leases part of the property known as Miller Park, and licenses its use to BDBBS, Inc. and WHEREAS, the Clty has indicated its support for the construction of a Miracle League Field at Miller Field by the. Miracle League of Delray Beach, Inc. (MLDB); and WHEREAS, the field will be constructed by the MLDB with a cushioned synthetic turf, to help prevent injuries, have wheelchair accessible dug-outs and a flat surface to eliminate any barriers to the wheelchair bound or visually impaired players; and WHEREAS, the safe of naming rights to the Miracle League Field and other sponsorships will assist in raising a significant portion of the estimated cost of construction and maintenance; and WHEREAS, in order to insure that the field is maintained properly after it is constructed, the City has agreed to maintain the field as herein provided; and WHEREAS, the City Commission commends the Miracle League of Delray Beach, Inc. and the Naming Rights Sponsor for making such a valuable coctribution 1 so that all our children are allowed to enjoy games they would not otherwise be able to play. NOW, THEREFORE, upon the mutual covenants herein pro~rided, the parties agree as follows: 1. Recitals. The recitals set forth herein are hereby incorporated as if fully set forth herein. 2. General Conditions for the Miracle League Field. The Miracle League Field shall be named by Naming Rights Sponsor as set forth in Paragraph 6 below. The Miracle League Field shalt be constructed in the location as depicted in Exhibit "A" to this Agreement by the Miracle League of Delray Beach, Inc. The Miracle League Field is subject to the terms of all previous leases and licenses- not in conflict with this Agreement. 3. Construction of the Miracle League F'leld. The Miracle League Field shall be constructed in a manner that meets all Miracle League Field design components. It is anticipated that construction shall be complete within two (2} years of the execution of this Agreement. 4. Maintenance. The Gity shall maintain the fietd and facilities upon the property, sufficient to meet the standards of maintenance of a City facility and al! reasonable requirements for the maintenance of Miracle League Fields. Maintenance shall not mean total replacement of any improvement. If the major components of the Miracle League Field are damaged by acts of God in a manner that prohbits its use, then the refurbishment shall be at the expense of the Miracle League of Delray Beach, r~ Inc. Failure to refurbish within a one year period after notice is given of the need to refurbish the field or improvements, shall result in this Agreement being void, unless the time limit is extended in writing by both parties. The Miracle League of Delray Beach, Inc. and the Naming Rights Sponsor shall gat have any initial or ongoing maintenance responsibilities. 5. Use. The Miracle League of Delray Beach, Inc. shall be entitled to exclusive use the Miracle League 1=ield, as wail as newly constructed parking on Saturdays and Sundays from 8 a.m. through 8 p.m. and at any other time after first seeking approval from the parks department. Any other groups., .entities or individuals desiring to use the Miracle League Field shall seek a permit from the City. 6. Namins~ Riohts and Saonsorshia. {a) The Miracl® League of Delray Beach, inc. shail have the right to sell naming rights and sponsorships in order to raise money to construct and improve the Miracle League Field. The City reserves the right to accept, reject or terminate, in its sole discretion, any naming rights sponsor or sponsors/advertisers or continuation of such naming rights or sponsorships that would not promote a positive fmage for the City ar fait to be in the public's best interest ar that conflicts with other agreements the Clty has for vending rights or similar contracts. If such adverse action is taken by the City, against any naming rights sponsors or sponsors, they shall na longer have the right to be affiliated with or continue to be recognized in any way with the Miracle League Field, and any appiicable rights under this Agreement shall cease. The Miracle League of Delray Beach, Inc. shat[ inform ail naming rights sponsors or the sponsorladvertisers of 3 these fights and limitations and a!I suc11 sponsors and sponsarfadvertisers shall be subject to all. applicable terms of this Agreemen#. (b) The Miracle League of Delray Beach, Inc. hereby awards the naming rights sponsorship of Miracle League Field to the Nanning Rights Sponsor as identified in this Agreement. The purchase of the naming right sponsorship shad mean that the Miracle League Field snail be known as the "(Naming Rights Sponsor's Name] Miracle League Field of Delray Beach", until January 29, 2079 when the City's lease with Palm Beach County for the use of Miller Park expires so long as Naming Rights Sponsor agrees to provide fifty percent {50%) of the funds necessary to repair or replace any major component of the Miracle League Field due to wearltear andlor expiration of product within three {3} months after notice of need for same has been provided to Naming Rights Sponsor and so long as the tem~ts of #his Agreement. are met. Miracle League of Delray Beach, Enc. agrees to provide the remaining fifty percent {50%) of the funds within three (3} months of notice of need for same,. If the Naming Rights Sponsor does not pay up to fifty percent {50%} of the costs for repairlreplacement of major components, then the Miracle League of Delray Beach, Inc. shall have the right to pursue a new Naming Rights Sponsor and immediately void this agreement and terminate all of the Naming Rights Sponsor's rights herein. Major components shall include: field materials, fencing, scoreboard and restroomlcancessior~s building. If the City and the County renew their lease for the City's use of Miller Park, then ail parties to this Agreement may continue this agreement upon mutual consent. A sign denoting this name shall be prepared by the- Miracle 4 League of Delray Beach, Inc. meeting the ordinances and policies of the City of Delray Beach, and shad be mutually acceptable to all parties. The Naming Rights Sponsor signs shall be placed on top of the scoreboard, on the Miracle League Founder's Wal! and shall be included in all print media put out by the City of Delray Beach ~ or the Miracle League of Delray Beach, Inc. when referencing the Miracle League Field. {c) In addition, the Naming Rights Sponsor shall receive a total of ten tickets each year at no cost for the dinnerlAuction #undraising event for the Miracle League of Delray Beach, Inc. and shall be named on a Miracle League Recognition Plaque. {d) The Miracle League Naming Rights Sponsor may sponsor one or more teams on the same terms as other sponsors and supply uniforms and equipment at ifs own cost, subject to the Miracle League of Delray Beach, Inc.'s approval in order to ensure broad community participation. (e) The namirfg rights herein conveyed shall not limit the other sponsors/advertisers names from being afFliated with or recognized in any way as being associated with the Miracle League or Miracle League Field or any real or personal properly, so long as their name is not used as a name for the Miracle League Field itself. However, other sponsorsladvertisers may lend their names which may be associated with the Miracle League or Miracle League Field or affixed to various Miracle League Field components. {f) The Naming Rights Sponsor's financial commitment shall be commensurate with the Miracle League of Delray Breach, Inc. attached commitment schedule {attached hereto as Exhibit "B°). 5 7. Entire Agreement. This Agreement constitutes the entire agreement between City, Naming Rights Sponsor and Miracle League and may not be altered, amended, or modified except by an insfrument in writing signed by the parties to the agreement with all the same formalities as this agreement. 8. Governin Laws• Venue. This. Agreement shah be governed by and in accordance with the Laws of Florida. The venue for any action arising from this Agreement shall be in Palm Beach County, Florida. 9. Notices. Any notice or communication under #his Agreement shall be in writing and may be given by registered or certified mail.. If given by registered or certified mail, the notice or communication shall be deemed tv have been ..given and received when deposited in the United States Maii, properly addressed, with postage prepaid. If given otherwise, than by registered or certified mail, it should be deemed to have been given when delivered to and received by the party to wham it is addressed. The notices and communication shall be given to the particular parties at the following addresses: City: David Harden, City Manager City of Delray Beach 100 N.W. 1 Avenue Delray Beach, Florida 33444 Naming Rights Sponsor: Anthony V. Pugiiese, lil Trustee for Anthony V, Pugliese, V 101 Pineapple Grove Way Delray Beach, Florida 33444 Miracle League: Julia Kadel Miracle- League ofi Defray Beach P.O. Box 7211 Delray Beach, FL 33482 6 Either party may at any time by giving ten (1 D} days wrstten notice designate any other person or entity or any other address in substitution of the foregoing to which the notice or communication shall be given. 10. Assi nment. This Agreement shall not be assigned or transferred without the consent of the City and MLDB. 11. Indemnification. Miracle League of Delray Beach Inc. does hereby release and agree to indemnify, defend., save, and hold harmless the City, its designees, officers, agents and employees from and against a!I claims, actions, causes of action, demand, judgments, costs, expenses, and ail damages of every. kind in nature arising out of or connected with, directly yr indirectly, the Miracle League of Delray Beach, Inc. andlor Naming Rights Sponsor's use and construction of the Miracle League Field. 12. Termination or Cancellation of Agreement. This Agreement may be terminated by the City if one of the following occurs. (a} Institution of proceedings in voluntary bankruptcy by the Licensee. (b) Institution of proceedings in involuntary bankruptcy against the Licensee if such proceedings lead to adjudication of bankruptcy and the Licensee fails within ninety (90) days to have such adjudication reversed. (c) A failure, neglect or a refusal within six (6} months to cure after receiving notice thereof from City to conform to any direction or instnaction that may be properly given by CHy or failure to conform to any applicable law, ordinance of 7 regulation of the City, County, State, or Federal government, or shall fail, neglect or refuse to pay any amount due hereunder wi#hin six {6) months after the same shall become due or shall default in the performance of any of the material terms or provisions herein required, it -shall then be lawful for City, at its option, to declare this Agreement terminated and forfeited and City may, in addition to other remedies available to City, thereupon re-enter and possess unto itself all rights and privileges of ownership or by virtue of its lease and in the event that Miracle League Field or its designee shall remain in possession one (1) day or more after such termination or forteiture, the entity or person in possession shall be deemed guilty of a forcible trespass. (d) Failure to construct or operate in a manner consistent with the public interest and this Agreement. {e) The City andlor MLDB may terminate this Agreement in accordance with Paragraph 6(A) If the Naming Rights Sponsor fails to promote a positive image {i.e. he is convicted of a crime of moral turpitude} for the City or if it is determined that the Agreement is no longer in the public's interest or if this Agreement conflicts with other agreements that the City has for vending rights or similar contracts. 13. The parties understand that the use of the field shall be open #o the public after proper permit approval on the same basis as other City facilities except for those times assigned to MLDB as outlined in this agreement and the parties have na right to otherwise restrict the use of the field unless it is determined that general or specific use 8 of the field could cause injury or damage to the specific materials used in the construction of the field. 14. This Agreement is not effective until signed by both parties. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed by their proper officials an the day and year first above written. ATTEST: BYE ~,ppQC~. aopu~j City Clerk czs~lo~fat~o co Approved as to Form: ey: ity Attorney ~~IQ NESSES: Print Name. S _~ Prin# Na B~Z/r STATE OF FLORIDA COUNTY OF Q ~rn Ea GL Th foregoing rostrum nt was - , 20Dfi by h 7~hoh title f officer or agent) of CI" By ANTHON V. GLIESE, lll, TRUSTEE FORANT~I } I~(. P~GLIESE, V Print Nom: ~4n~~ny V. Pugliese, III, before me this ~Y "day of ~.- fnaroe of o#Ficer or spent, acknowledging}, ~ , an behalf of the corporation. Hel9#e"7s personally known to me and did~($+~~}' take an oath. // J~~.[~C~ J . !i(/ NOTARY PUBLiC•STA'1'E 0~ FLORIDA otary Public - fate of Florida Denise A. Wells Coa-mistfo~ #DD447994 'Thru y-t~ndc ~70~~a, 9 MIRACLE LEAGUE OF DELRAY BEACH, INC. By: Print Name- ~~.~~ 14..a~,~ STATE OF FLORIDA COUNTY OF Pte, T.~4~h The foregoing instruments wras acknowledged before me this ~~ may of ~ , 2iJOfi, by ~~'t~ ~~c~de ~ (name of officer or agent, title of officer or agent) of ~~nul~Leao~uec~`-~t,rre~~ac~ ~(~ame of corporation acknowledging}, a ~1~,rtda (state or place of incorporation) corporation, on behalf of the corporation. He/She is personally known to me or has produced ~-~~. ~ _~y b~424~6'1- ~ 9~type of identification} as identification and did (did not} take an oath. ~/J~ I' ~ . No Public -State of Florida . ~~'' "~ Joanna M. Weavar Cotrurtission #k Df?2854~5 r~ ~ Expires Febntary 6, 2048 '~' r~ •., ~' r,na~anorf~-hwrri,r~e. ~ooal6aun 10 WITNESSES: EXE~HIT "An a 1 R x ~ ~ E ~ ~ F ~ 1 0 i ~ e ! G r G L=7 i=i f~~ fJ CJ ~ q ~ . ~ ~ b M ~~ ~ i! ~~ 4 i 4 i i G F Y' ~l O©~ U ~' L~7 i~ W t~ to ~ ~ ~ .. S~ ~,~. '~ ~al-~ Q N 3 N J V t J .~ m W N t m W J m H W L~ ,~ LC .4 4, iC d a oc W J J_ f W i~ t W J W ..~ i~ t _~ W m .J W 0 EXHIBIT "B" "C©mmitment Schedule" Amount When Due $50,400 When the Namin Ri ts. A ement is executed $20 000 When the contract far the field is executed $50,000 When the field materials are deli~rered $15 OOU When the field is installed $15,04(} When the fiunal surface aintin is com Iete MEMORANDUM TO: Mayor and City Commissioners FROM: Lula Butler, Community Improvement Director Elizabeth Alpert, Neighborhood Services Administrator THROUGH: David Harden, City Manager DATE: January 14, 2009 SUBJECT: AGENDA ITEM 8.,T. -REGULAR COMMISSION MEETING OF ,TANUARY 20, 2009 ANALYSIS OF THE IMPEDIMENTS TO FAIR HOUSING CHOICE (AD REPORT/HUD ITEM BEFORE COMMISSION Request for City Commission approval of the Analysis of Impediments to Fair Housing Choice (AI) required by the United States Housing & Urban Development Agency (HUD) for utilization of federal grant funds. BACKGROUND Section 808(e) (5) of the Fair Housing Act requires all HUD programs to affirmatively further fair housing. As mandated by the CDBG program, each jurisdiction is required to submit a certification that it will affirmatively further fair housing, which means that it will conduct an analysis to identify impediments to fair housing choice (AI) within the jurisdiction, take appropriate actions to overcome the effects of any impediments identified through that analysis, and maintain records reflecting the analysis and actions in this regard. The Analysis of Impediments to Fair Housing Choice (AI) Report serves to meet fair housing requirements set forth by the HUD pursuant to the regulations established under 24 CFR 91.225 (a)(1). The AI serves as an in-depth analysis and update on the fair housing activities and actions identified in the City's Consolidated Strategic Plan (2005-2001) five-year plan. As a result of this analysis, the following were identified as impediments to fair housing choice within the City of Delray Beach. . High rates of predatory lending in the City of Delray Beach among minorities . Lack of public awareness and education regarding fair housing rights . Lack of adequate Housing Choice Vouchers to support low income renters as evidenced by the Delray Beach Housing Authority's waiting list The City's planned actions in response to the impediments are included in the report. RECOMMENDATION Staff recommends approval of the Analysis of Impediments to Fair Housing Choice (AI) required by the HUD for utilization of federal grant funds. [RY OF DELRN9 BEII[H Analysis of Impediments to Fair Housing Choice (Af) Required per 24 CFR 91.225(a}(1} hula Butler, Director, Community Improvement Department Elizabeth Alpert, Administrator, Neighborhood Services Division City of Delray Beach Community Improvement Department Neighborhood Services Division I00 NW I.~t Avenue Delray Beach, Florida 33444 January 20, 2009 c?~~ o~ o ..- x u TABLE OF CONTENTS I. Introduction --Analysis of Impediments to Faiur Housing Choice II. Jurisdictional Background Data Housing Profiles Demographic Patterns Employment lncome Prejudice Lending Practices III. Evaluation of Jurisdiction's Current Pair Housing Legal Status Pair Housing Complaints IV. Identification of Irnpecliments to Pair Housing Choice Public Policies Zoning/Land Use Policies Section 8 and Public Housing HMDA Data/Lending Practices V. Assessment of Current Programs & Activities VI. Conclusions List of Impediments Proposed Actions VII. Appendix CDBG Target Area Map Exhibit A Census Dafa Charts Exhibit B Palm Beach County Area Median Income Chart Exhibit C City of Delray Beach Workforce Housing Ordinance Exhibit D Notice -Public Meeting, Boca/Delray News Exhibit E 2 3-12 12 13-17 17 20 S: //Community ImprovementlNeighborhood Services/ CDBG/Documents/ALdoc I. Introduction. -Analysis of Impediments to Fair Housing Choice The City continually pursues diverse avenues in expanding its approach and community involvement to affirmatively further fair housing. In doing so, the City of Delray Beach continually provides CDBG funded assistance to the Fair Housing Center of the Greater Palm Beaches (FHC) Inc., anon-profit fair housing organization. Although FHC, Inc. does not have the governmental authority to enforce fair housing regulations, the organization accomplishes its goals through public education workshops/seminars and the ability to initiate legal proceedings, under the Federal Fair Housing Act, against housing providers accused of violating fair housing laws. The activities of FHC, Inc. are focused throughout Palm Beach County and the state of Florida (including the City of Delray Beach). Each fiscal year, FHC, Inc. conducts approximately five (5) educational workshops/seminars as contracted by the City of Delray Beach's Community Improvement Department. Workshops are provided for target area residents, civic organizations, students at area schools, local realtors, and community based organizations. The City continues to utilize its in-house Rental Inspector, who operates under the Code Enforcement Division. In addition to providing one-on-one landlord/property manager training sessions, referrals for conflict resolution services involving fair housing issues and formal mediations related to landlord-tenant law, the Rental Inspector refers clients to the Fair Housing Center. A. Who Conducted this Analysis? The City of Delray Beach recognizes that furthering fair housing means an Analysis of Impediments (AI} to fair housing choices must be completed and actions to mitigate or eliminate impediments identified must be taken. The AI has been prepared by the City's Community Improvement Department, Neighborhood Services Division. B. Methodology This Report incorporates information from the Palm Beach County AI as well as the 2005-2010 Consolidated Action Plan, and the Housing and Transportation Element of the City's Comprehensive Plan. Statistics on fair housing complaints and interview information was obtained from the Fair Housing Center of the Greater Palm Beaches, the Palm Beach County Equal Opportunity Department, Palm Beach County Housing and Community Development, and the Legal Aid Society of Palm Beach County. The AI reports on impediments to fair housing in the City of Delray Beach. In general, the information collected for this analysis is based on current conditions in the community for both rental and owner-occupied housing opportunities. Some of the demographic data compare contemporary statistics with those of 1p or 20 years ago to establish trends. Data on fair housing complaints pertain to the past 5 years. The goal of this analysis is the preparation of an Action Plan to address impediments that persons in the protected class may face in today's market place." 2 S: //Community Improvement/Neighborhood Servicesl CDBG/Documents/AI.doc C. Citizen Participation This report was presented to the City's Neighborhood Advisory Council (NAC) at a Public Meeting an Monday, January 12, 2p09 in order to receive valuable input and participation from community members who are engaged with Delray Beach neighborhoods. This meeting was advertised by Public Notice in the Boca/Delray News (attached to this Report as Exhibit E). D. Source of Funding Neighborhood Services Staff who completed this Analysis are paid from Administrative funds available through the City's Community Development Block Grant (CDBG). E. Executive Summary As a result of this analysis, the following were identified as impediments to fair housing choice within the City of Delray Beach. - High rates of predatory lending in the City of Delray Beach among minorities - Lack of public awareness and education regarding fair housing rights - Lack of adequate Housing Choice Vouchers to support low income renters as evidenced by the Delray Beach Housing Authority's wanting list. Other important findings: Past analyses of fair housing impediments within the City of Delray Beach have identified a lack of affordable housing within the City as key issue and major within the City. During this review, it was noted that the City has made great strides in addressing the issue of affordability. Implementation of the Workforce Housing ordinance, development of the Delray Beach Community Land Trust (DBCLT), and the completion of numerous affordable housing projects has established Delray Beach as a leader in the area of affordable housing. The Workforce Housing ordinance, which allows developers density bonuses in exchange for workforce units, has increased the number of affordable housing units fn new developments throughout the City, providing more racially and economically integrated housing opportunities. Section II (Housing Profiles) of this report provides details on the continual creation and preservation of affordable housing in Delray Beach. Il. Jurisdictional Background Data Housing Profiles Creation and Preservation of Affordable Housing The City's existing housing supply includes households having a wide range of economic ability. In past years, the City's efforts to create and maintain an adequate supply of housing for persons of very low, low and moderate income levels concentrated primarily on the construction of new owner-occupied homes on available 3 5: I/Community Improvement/Neighborhood Services/ CDBG/Documents/ALdoc vacant Iots, and on the rehabilitation and preservation of existing affordable housing. Delray Beach is fortunate to have an existing housing supply which accommodates a wide range of income levels, as well as an extensive array of programs to enhance affordability. To ensure that there continues to be an adequate supply of housing to accommodate very low, low, and moderate income households, the City has implemented a Family/Workforce housing program (attached to this report as Exhibit D). This program allows increased residential densities as an incentive for developers to provide affordable housing and includes provisions for both owner-occupied and rental housing. Units developed under the program must remain affordable for 40 years. Most of the new units provided under this program will come through the redevelopment of existing properties in the workforce housing overlay districts, the Congress Avenue corridor and the Four Corners area. As Delray Beach experienced revitalization and growth, the value of real property began to increase dramatically. By 2006 the median price of a home in Delray Beach was $479,000, while the median household income was just over $50,000, It was estimated that 90% of Palm Beach County households could not afford to purchase a single family home. While some traditional subsidy programs were available to low and moderate income households, they generally provided that the homes could be resold at full market value after approximately 10 years. Also, the amount of the subsidies had to be continually increased to make up the ever-widening gap between the price of the home and the buyer's ability to pay. The community cried out for a more permanent and effective solution to address the lack of affordable housing. The City of Delray Beach, in collaboration with the Delray Beach CRA, Florida Atlantic University, and the MacArthur Foundation produced the "Development without Displacement" handbook. The handbook recommended strategies to avoid the involuntary displacement of residents as communities faced redevelopment, and suggested ways far residents to organize to work together to fight camrnon housing issues. The concept of the community land trust, already operating in communities across the state and country, seemed to offer Delray Beach a way to build a more sustainable affordable housing supply. In February 2005, the CRA established a committee to help create a land trust organization for Delray Beach. The committee included representatives from the CRA board of commissioners, the Delray Beach Housing Authority, city staff, and the professional consultant that helped draft the Sauthwest Neighborhood Redevelopment flan. After mare than a year of planning and coordination, the Delray Beach Community Land Trust was established. The DBCLT became official after receiving its 501(c)(3) nonprafit status in March 2007. In January 2007, the DBCLT seated its first 12- member permanent board of directors at its annual meeting. The tripartite board Consists of four DBCLT homeowners, four at-large community members, and four 4 S: /ICommunity Improvement/Neighborhood Serviced CDBG/Documents/ALdoc public and private stakeholders. The CRA executive director serves on the DBCLT board, as does a representative from the City, and the Delray Beach Housing Authority. The Delray Beach Community Land Trust provides a middle ground where bath individual families and the community at large can share in the long-term affordability and wealth creation that result from the wise investment of public money in privately owned housing. Its mission is to "create, preserve and protect the housing stock within the City of Delray Beach to provide for housing which is affordable far the workforce with incomes defined as moderate or less." The DBCLT provides access to land and housing for people who are otherwise priced out of the housing market. One of the significant benefits for the homeowner is that when they decide to move, they can easily sell their home back to the Land Trust. A land lease agreement gives the CLT the right to buy each home back for an amount determined by a resale formula that gives the homeowner a fair return on investment while keeping the price affordable for other low income households. The Delray Beach Cornrnunuty Land Trust is heavily supported by both the City of Delray Beach and the Delray Beach CRA. Upon its creation, the City donated a total of nine vacant lots to the Land Trust, where they could later build homes. Currently, the DBCLT staff is housed in approximately 1,300 square feet of office space at the City's Neighborhood Resource Center and its annex building, occupying a total of eight offices. This office space is an in-kind service offered by the City, along with utility costs, computers, telephone and fax machines, and an additional $7S0 for annual operating expenses. As its major partner, the Delray Beach CRA supported the Community Land Trust by allocating a total of $50,000 to the organization far 2006/07 operating expenses, and $400,000 for the upcoming 2007/2008 fiscal year. The CRA obtained a $7 million line of credit to provide land acquisition and construction financing to the CLT so that they could buy vacant lots and build new affordable housing. The construction loans are repaid to the CRA once the homes are sold, and the CRA writes off the cost of the land as a subsidy. The CRA also purchased and renovated two multi-family buildings that were established as permanent affordable rental housing, Because of such substantial support from the CRA and City, the DBCLT has quickly become one of the most active community land trusts in the nation. The DBCLT is expected to continue to add to the affordable housing stock of the city, and to provide many more residents with their first opportunity to become homeowners. The City's Community Improvement Department continually strives to create and implement new housing programs, working with various nonprofit groups and community development corporations, and aggressively pursuing all available sources of funding. In addition to the federal funding available through the Community Development Block Grant (CDBG), as well as dollars provided through the State Housing Initiative Partnership (SHIP}. The City leverages its funds by forming and participating in partnerships with other housing providers. Until its replacement by the 5 S: //Community Irnprovement/Neighborhood Serviced CDBGIDocumentslAI.doc Community Land Trust Program in 2007, the Delray Beach Renaissance Program, created in 1995, was one such coordinated approach to housing delivery. Participants included the City, the Consortium for Affordable Housing (13 financial institutions), the Community Redevelopment Agency {CRA), the Delray Beach Housing Authority, the Delray Beach Center for Technology, Enterprise, and Development (TED Center), the Delray Beach Community Development Corporation {CDC), and several private builders. Private and public funds were pooled to finance the annual construction of 25 to 30 new homes for very low, low, and moderate income households. The City also continues to work with the Baca/Delray Habitat for Humanity, donating vacant lots through the Community Land Trust for the construction. of affordable owner occupied single family housing. Most of the infill housing that has been constructed to date is located in either the CDBG target area or the CRA area. This is due in part to the facfi that most of the remaining affordable vacant lots are located in these areas. TABLE HP-1 PROTECTED HOUSEHOLDS BYINCONIE RANGE `iNCOM~.L~VEL 2000 : ; 2005 201©`:.. 'Zfl15 ,. 2020 2025 r 3fl% AMI 3,063 3,190 3,456 3,726 4,DD1 4,279 30.01-5fl%AMI 3,135 3,248 3,505 3,783 4,066 4,372 50.01-Sfl% AMI 4,655 4,904 5,342 5,753 6,146 6,528 80.01-120% AMI 5,327 56,88 6,248 6,717 7,137 7,502 120.01+% AMI 10,620 11,382 12,503 13,422 14,276 15,024 TOTALS 26,SOD 28,412 31,054 33X01 35,626 37,705 Saurce: ANNA, Shimberg Center for DCA According to the above table from dafa provided by the ANNA 5himberg Center for the Department of Community Affairs (DCA}, there will be 6,601 additional households (over 2000 figures) in the City by the year 2015 and an additional 10,905 by the year 2x25. 6 S: //Community Improvement/Neighborhood Services/ CDBG/Documents/ALdoc Inventory of Rental Units The estimated median rent in the City of Delray Beach was $807 in 2000. This represents a 57% increase between 1990 and 2000. The figures above include those for all types of housing occupied on a rental basis, including single family hoxzzes, apartments, and condominiums. TABLE HP-2 ESTIMATED DISTRrBUTION OF MONTHLY RENTS CITY OF DELRAY BEACH 2000 ' ]V[I!1~13ER COQ UNITS _.. P~RCENTAG~ OTC UNITS 1'YI(7N'l'HLY RN~1'I' _ . _ . Less Than $200 930 5.3°/a 200 - 299 208 2,6% 300 - 499 549 6.7°/a $ 500 - 749 2,192 26.9% $ 750.999 2,024 24.8% $1.000 -1.499 1,932 23.7% 1500 + 440 5.4% TOTALS 8,153 100.0% Source: 2000 LIS Census Aye Character of Housing, The median age of the housing units in the City of Delray Beach is 22 years (see Table HP-3). There are about 3I,659 housing units in the City with the majority of the units being built within the past 30 years. Only 2.2% are b0 or more years old and 33% are 21- 30 years old. About 7.0% of the housing in the City was built in the past five years. The figures above include those for all types of housing occupied on a rental basis, including single family homes, apartments, and condominiums. The rate of increase in the median rent has slowed somewhat in recent years: However, several new luxury apartment projects have recently come on line. It is anticipated that the rents from those projects will create a significant increase in the median rent in the coming years. 7 S: //Community Improvement/Neighborhaod Services) CDBG/Documents/Al.doc TABLE HP~3 AGE CHATZACTEIZ OF HOUSING CITY OF DELRA Y BEACH 2000 PERCENT PEAR ACE OF NU1b1BER BUILT 1IOLTSING OF UNIrI~S AGE OF HOUSING 1999 Or Later 0 -1 Year 816 2.6% 1995 To 1998 1 - 5 Years 2,231 7.0% 1990 To 1994 6 -10 Years 1.923 6.1 1980 To 1989 11 - 20 Years 9,110 28.8% 1970 To 1979 21 - 30 Years 10,460 33.0% 1960 To 1969 31- 40 Years 3,076 9.7% 1950 To 1959 41 - 50 Years 2,460 7.8% 1940 To 1949 51 - 60 Years $76 2.8% 1939 Or Earlier 60 + 707 2.2% TOTALS 31,659 100A% Source: 2000 US Census Median Age = 22.0 Years Adequacy of Housing Delivery System There are no known problems with the present housing delivery system. Although the City experienced a boom in new development and redevelopment in the first half of the decade the current downturn, as a result of the nationwide housing crisis, has considerably slowed growth. It is anticipated that the trend will continue, at least in the near future. The City has worked with the development community to achieve the goals of the Housing Element of the City's Comprehensive Plan, particularly with regard to the provision of a variety of housing types to meet the needs of its divexse population. For example, in the years since adoption of the 1989 plan, Phases II and III of the Sabal Lakes single family subdivision were approved (total of 245 moderately priced units); several moderate and upscale apartment projects have been completed {approximately 880 units); the Groves of Delray project provided 158 rental units for low and moderate income senior citizens; the Auburn Trace rental community was completed, providing 256 affordable housing units; the Allamanda Gardens single family home subdivision was completed, providing 36 homes for low/moderate income residents; the Swinton Gardens single family home subdivision was completed, providing 11 homes for low/moderate families. In 2003, the City put out an RFP for an affordable housing project on property it had acquired for a potential high school site. The subsequent 8 S: //Community Improvemenf/Neighborhood Services/ CDBGIDocuments/Al.doc development, known as Bexley Park, includes a mix of townhouse, triplex and single family homes with a total of 264 units. Demographics This section profiles the City of Delray Beach's demographic and housing trends by examining and mapping Census 2000 and other relevant data. All CDBG activities undertaken utilizing the City's entitlement funds, take place within the Community Development Block Grant (CDBG) Target Area {Exhibit A) consisting of census tracts 65A2, 67, 68.01 and 68.02. 2000 Census income data reveals these census tracts are the areas of lowest per capita income, lowest median household income and lowest family income in the City. TABLE D-5 TOTAE PQPULA7'rON BY CENSUS TRACT Census Tract 65.02 Census Tract b7 Census Tract 65.01 Census Tract 68.02 Total Tract Pop. 2588 2305 b149 3437 Minority Pop. 1897 2233 5586 3216 % Minority Pop. 73.30% 96.88% 90.$4% 93.57% 2000 Census data also indicates Census tracts 65.02, 67, 68.02 and 68.02 have the highest concentration of minority populations. Overall, Delray Beach's minority population makes up 34% of the City's entire population, with the CDBG target area having a minority population of 89%. Detailed demographic information for the City of Delray Beach, provided by the 2D00 Census, is attached to this Report as Exhibit B (Tables D-1 through D-4) Employment Delray Beach has a very diverse makeup of occupations. With the majority (9,882 persons) being management professionals and the least being from the farming and fishing industry (12 persons); there are approximately 27,966 persons actively engaged in the labor force. This labor force includes private anal salary workers, government workers, and self-employed workers. Only 7.8% are unemployed. Local government employs about 10DD workers and few corporations are housed within the City limits. 9 S: //Community lmprovement/Neighborhood Services/ CDBG/Documents/ALdoc TABLE E-1-Employment Trends OCCUI':'YT1DN 1/stimate Percent Civilian e:tn lv ed o elation 16+ ears 27,96G 100% Management, professional, and related Deco ations 9,882 35.30% Service Deco ations 6,593 23.6D% Sales and office Deco ations 8,075 28.90% Farmin , fishin ,and forestry Deco ations 12 0.00% Construction, extraction, maintenance and re air Deco ations 1,681 6.D0% Production, transportation, and material moving Deco ations 1,723 6.20% INDUSTRY Civilian em lv ed o elation 16f ears 27,966 100% Agriculture, forestry, fishing and hunting, and minin 1S 0.10% Construction 2,11$ 7.60% Manufacturin 1,252 4.50% Wholesale trade 849 3.D0% Retail trade 3,879 13,90% Transportation and warehousing, and utilities 993 3,b0% Information 566 2.DD% Finance and insurance, and real estate and rental and leasin 3,257 11.60% Professional, scientific, and management, and administrative and waste management services 4,003 14.30% Educational services, and health care and social assistance 5,043 18.00% Arts, entertainment, and recreation, and accommodation, and food services 4,475 16.00% Other services, exce t ublic administration 778 2.80% Public administration 738 2.6D% CLASS OF WORKER Civilian em lv ed v elation 16-M ears 27,966 10{f% Private wa a and solar workers 23,967 85.70% Government workers 2,661 9.50% Self-employed workers in own not inco orated business 1,298 4.60% Unpaid family workers 40 0.10% Source: US Census Bureau, Census 2000 10 S: I/Community ImpravemenllNeighborhood Ser~iccs/ CDBG/Documents/ALdoc Income The 2aaS-2aa9 median household income for a family of four in Delray Beach is $bb,aQa of which b9.7% of families are homeowners. There is a wider range of individuals having earned income through wages than receiving benefits through retirement, pension, social security assistance or unemployment. During FY 2aaS-2aa9 there were 6,oaa total businesses located within the City limits. The 2aaS-2aa9 Income chart adjusted to family size far Palm Beach County is attached to this report as Exhibit C. Prejudice Government has adopted laws to guarantee the fair housing rights of members of the protected classes {race, color, religion, disability, sex, familiar status, national origin}. Passage of those laws does not guarantee a change in all forms of human behavior, Some are still discriminated against on the basis of color, and persons with a disability are discriminated against on the basis of their physical or behavioral distinction from the nondisabled. During a series of County wide interviews, there were numerous instances of discriminatory action mentioned. A number of interview participants noted, for example, "agent prejudice." Others talked about the fact that there are few, if any, black or disabled bank executives and little diversity or multicultural training offered to those at executive levels. This supports a lack of sensitivity to those iur the protected classes. In a bank or real estate office, this lack of sensitivity at the executive level has a trickle down effect. It impacts the cultrxre of the institution, including the mortgage lending area. The effect is not only in large organizations. For example, a landlord may allow adaptation of units far persons with a disability, but charge more. Landlords often enforce different standards or offer different lease terms for protected class members. The fair housing complaint records indicate the leading basis far complaints was disability, with the next highest being race. When incidences of fair housing discrimination were reported by the local FHAI', Palm Beach County Office of Equal Opportunity (OEO}; the two local FHIP's: FHC and Legal Aid Society had several observations in common. The OEO and Legal Aid Society had nearly identical data with Disability cases as the most commonly reported type of discrimination at 34.4% and 35.3% respectively. Race~Color ranked second with both agencies at 23% and 2a% respectively. Race ranked first in the Fair Housing Center's records at 3a.7% and when combined with Color, the total is 46.5%. Familial Status ranked the third most common type of discrimination reported to OEO and Legal Aid Society; and the second most common type for FHC. National Origin ranked fourth most common type of discrimination reported to all three agencies, varying from 9.1% to 15.1.% of the cases reported. The intolerance of persons with disabilities, racial minorities, and persons of 11 S: I/Community ImprovementlNeighborhood Services/ CDBG/Documents/AI.doc foreign cultures persists, and a deliberate action to address this discrimination is required. Also noted during this analysis, is the high rates of residential segregation with over 80% of khe City of Delray Beach minorities concentrated in the census tracts 65.02, 67, 68.02 and b8.02. While this may be due in part to historical racial divides in Delray Beach, some expexts attribute racial segregation in neighborhoods to factors such as realtor steering, red lining from financial institutions and institutional racism. In 2002 the Delray Beach City Commission identified race relations and prejudice as a pressing local issue and established a goal of "Community Unity". To that end, the Relationship between Authorities, Citizens and Experts (R.A.C.E.) initiative, a proactive approach to identifying key issues of concern and developing plans to address them, was established. According to many top black and white business and civic leaders posifive and sometimes challenging issues regarding race are addressed daily in management of the city's affairs. In December of 2004, two public meetings were held at Old School Square to confront the issue of race relations in Delray Beach. This was the City's initiative and a bold move by the City Commission to examine perceptions and attitudes that result in differences between communities. The central purpose of the meetings, employing computer tracking of responses of spontaneous public comments, was whether those differences posed adversity or opportunities for all residents of Delray Beach. The report is the result of those meetings and a number of interviews conducted by Sam Mathis, the City's R.A.C.E consultant in partnership with the Con-census Group; community strategy specialists. The R.A.C.E. initiative report includes two assessments. The Demographic Assessment points to trends that offer opportunity for Delray Beach to leverage its growing diverse population. For instance, the percentage of the black population far exceeds that of the comparable representation in Palm Beach County and the state of Florida. In addition, Delray Beach's Asian population more than doubled in the last 10 years. Also, the percentage of Haitians in Delray Beach is one of the highest in the United States. The Stakeholder Assessment reveals a community proud of its accomplishments and growth. Regardless of race, people love Delray Beach and want to see it continue to succeed. The individual interviews and public forums that helped direct this report were lively and well attended. Both represented the continued belief in a collaborative approach to governance that has been a cornerstone far Delray Beach. The report concludes with recommendations and next steps to establish accountability for actions so that the concerns expressed result in further education, communication and change management for a better Delray Beach. The City of Delray Beach is continually implementing and expanding upon its race relations program and adding new circles each year, l2 S: //Community Improvement/1Veighborhaod Services/ CDBG/Documents/ALdoc To the City's credit, programs such as race relations, redevelopment and revitalization initiatives have opened the doors to providing mare racially and economically integrated housing opportunities. This includes deliberate decisions by elected officials to "erase the dividing line" which is has historically been Swinton Avenue, by locating new market rate townhome developments, inclusive of affordable/workforce units, within neighborhoods which have been traditionally majority minority occupied. These efforts have yielded three major projects west of Swinton Avenue; Swinton Square, Atlantic Gardens, anal CODA townhomes. These initiatives are reversing the trends of concentrating majority minority occupied neighborhoods and creating integrated housing opportunities in Delray Beach, III. Evaluation of Jurisdiction's Current Fair Housing Legal Status The Fair Housing Act, or the implementation of it, poses another inadvertent impediment to fair housing. The enforcement system is extremely backlogged, both on the federal and state levels. There are lengthy delays in obtaining hearings and getting decisions with not only the federal courts, but also with HUD, state and local governmental agencies, who are authorized to enforce the Fair Housing Act. Armed with the best lawyer and the best evidence, a victim of discrimination may wait years for relief. Fair Housing Complaints with a Finding of Discrimination in Delray Beach: In 2006, High Point, a Delray Beach 55 + community attempted to deny an African- American resident the right to purchase a condominium in the neighborhood based on her race/color. The Fair Housing Center of the Greater Palm Beaches took the case on pro Bono and ultimately succeeded in establishing a settlement agreement between the plaintiffs and the homeowners of Highpoint of Delray Beach Condominium Association Section One, requiring them to pay $150,000 in order to end the suit. The lawsuit, which was referred to the FHC from the state of Florida Condo Ombudsman office, was filed on behalf of the plaintiffs by FHC Cooperating Attorneys at the law fixm Liggio and Benrubi. IV. Identification, of Impediments to Fair Housing Choice A. Public Sector Employment-Housing-Tran~ortation linkage The City has identified an area of weakness in its Employment-Housing-Transportation Linkage and its effect on low-income populations, Bus routes connecting residential neighborhoods to major employment hubs are limited and can be identified as an impediment to fair housing choice. 13 S: /ICommunity Improvement/Neighborhood Services/ CDBG/DocumentslALdoc While direct public transportation systems fxom low income residential neighborhoods is currently limited, new facilities, either planned or recently completed, promise to relieve much of the perceived deficiency. The expansion of the Palm Tran route system has been in place since late 1996. This expansion has provided additional bus routes to serve the City, including downtown. A reduction in headways on existing routes is a policy direction in the City's Transportation Concurrency Exception Area (TCEA}. The City's TCEA also contained policies requiring the development of a local shuttle to help increase capacities on vital corridors in the downtown. This shuttle bus system was put in place in 2006. A park-and-ride lot has been constructed just outside the City limits at the Congress Avenue and I-95 interchange which is served by Palm Tran routes 2 and 2b. Improvements to the Tri-Rail system, including future proposals far additional trains and double-tracking will result in improved commuter rail service. The City, through policies related to the TCEA, plans to expand bicycle and pedestrian facilities, These improvements should continue to expand intermodal opportunities to meet growing demand. However, continual monitoring of ridership demand, system programming and budgeting by transit entities is required, along with active involvement by the City to assure fulfillment of transportation needs. Section 8 & Public Housing There are 600 families presently on the City of Delray Beach Housing Choice Voucher waiting list. The list is closed and remains closed to new applications until it decreases to fewer than 200 families. Families generally wait for four to five years before they receive housing assistance. Recent demolition of the Carver Estates housing complex has removed affordable housing units for extremely low income households. B. Private Sector Lending Practices The number of loans to minorities, blacks in particular, has increased nationally since lending institutions have responded to increase regulatory examination under the Community Reinvestment Act (CRA}. However, another issue that disproportionately affects members of minority groups is predatory lending, which includes the following activities practiced by lenders, appraisers, mortgage brokers and home improvement contractors: + Sell properties for much more than they are worth using false appraisals; • Encourage borrowers to lie about their income, expenses, or cash available for down payments in order to get a loan; • Knowingly lend more money than a borrower can afford to repay; • Charge high interest rates to borrowers based on their race or national origin and not on their credit history; 14 S: I/Community Improvement/Neighborhood Services/ CDSG/Documents/ALdoc • Charge fees for unnecessary or nonexistent products or services, + Pressure borrowers to accept higher-xisk loans such as balloon loans, interest- only payments, and steep pre-payment penalties; + Target vulnerable borrowers to cash-out refinances offexs when they know borrowers are in need of cash due to medical, unemployment or debt problems; + "Strip" homeowners' equity from their homes by convincing them to refinance again and again when there is no benefit to the borrower; + Use high pressure sales tactics to sell home improvements and then finance them at high interest rates. Predatory lending, most recently in the area of re-financing, ultimately strips borrowers of home equity, ruins their credit records, and increases the likelihood of foreclosure, Studies conducted in 200$ due to the new Neighborhood Stabilization Program show staggering evidence of these lending practices in the City's Northwest and Southwest neighborhoods. According to the Department of Housing and Urban Deveioprnent, Census Tracts 65.01, 65.02, 69.03, 69.07, and 69.08 are currently experiencing the City's highest risk of abandonment due to pending foreclosures. Home prices in these areas have declined 16.3% from 2007 to 200$. Vacancy rates in this area are projected to be currently in the range of 4% to 9.3%. It is assumed, based on national studies and the local statistics mentioned above, that some differential treatment in the selling, financing and insuring of property exists in Delray Beach. Some of this differential treatment is based on race and ethnicity. There has been little systematic testing of real estate brokers for discrimination. Another perceived barrier/impediment to fair housing choice is the availability of home insurance. While the effects of 2004 and 2005's major hurricanes have had a statewide impact resulting in the loss of home owners insurance for many, same feel that insurance companies have used discriminatory standards that result in the exclusion of minority homeowners. Economic issues relative to fair housing thus are many and complex. There are some specific actions which can be taken to deal with specific components of the problem, such as expanded secondary market efforts to buy affordable mortgages, or greater realtor support to work with low income households. These actions should only be taken as part of a larger housing strategy. Regional programs are vital to successful implementation of fair housing law. The components of a program can be identified from models developed at the community level. Home Mortgage Disclosure Act (HMDA, Data In Palm Beach County in 2007, 36,7$3 loan applications were received by financial institutions. A total of 19,395 were originated of which those families are classified by race as being White (74%), Black (12%}, Asian (2%}, and Other (11%). The number of families denied loans by the banking institutions were as proportionate as originated rs S: //Community lmpravement/Neighborhood Services/ CDBG/Documents/Al.doc with one distinction. The number of Black families denied was 14% lower than approved. Reasons for denial were not given, however, classified by race as being White {60%), Black {26%), Asian {1.5%) and Other (12.5%). C. Public and Private Sector Fair Housing Enforcement The Palm Beach County Ordinance far Equal Opportunity to Housing and Places of Public Accommodation was first promulgated in 19$4. This Ordinance created both the Fair Housing Board (which meets the 3rd Wednesday of every month} and the Office of Equal Opportunity (OEO). In 1990,. the ordinance was amended to add protections "substantially equivalent" to those provided by the Federal Fair Housing Act (FHA}, as amended in 1988. Subsequently, the ordinance was amended in 1995 and 1996 in response to technical changes requested by the U.S. Department of Housing and Urban Development (HUD} in order for the OEO to obtain certification as a Fair Housing Assistance Program (FHAP) agency with the authority to enforce the local ordinance and to enter into a Cooperative Agreement with HUD. The County's Fair Housing Ordinance provides additional protection to that afforded under the FHA. The FHA provides protection from discrimination because of race, color, sex, religion, national origin, handicap and familial status, sexual orientation and age, Although the County's Ordinance prohibits discrimination based upon age, bona fide housing of older persons (with 80% of units occupied by at least one person age 55 or aver or 100% of units occupied by persons age 60 or over) are exempt from the age discrimination prohibitions, as well as the familial status provisions. The Palm Beach County Office of Equal Opportunity {OEO) has governmental jurisdiction to enforce fair housing regulations in Palm Beach County's incorporated and unincorporated areas. The OEO has entered into agreements to receive and investigate housing discrimination cases, unless waived an a case by case basis, filed with the Florida Commission on Human Relations and the US Department of HUD. The OEO is also responsible for providing fair housing public education and outreach activities to County residents. These activities include the following + Utilizing several advertising mediums to educate the public about fair housing, including disseminating information on the public transportation system throughout the County • Distributing a Faix Housing training video/DVD • Publishing and distributing fair housing brochures, available in English, Spanish and Creole. • Providing public forums and the South Florida Fair • Participating un local senr~inars, radio and television programming. 16 S: //Community ImprovementlNeighborhood Services/ CDBG/Documents/ALdac • Partnering with other agencies, such as the Realtors Association of the Palrn Beaches, during Fair Housing Month every April to sponsor an art and essay contest for Palm Beach County students Informational Services The Fair Housing Center of the Greater Palm Beaches is a HUD Fair Housing Initiatives Program (FHIP} and a membex of the National Fair Housing AIlianee. The agency works in partnership with HUD, the U.S. Department of Justice, the Florida Attorney General's Office and the State Attorney's Office to enforce federal, state and local fair housing and anti-predatory lending laws. The agency was the first locally-based non- profit fair housing agency in Palm Beach County to engage in testing for fair housing violations, pursue enforcement of meritorious claims, provide legal support services, and conduct education/outreach and counseling. The FHC has been successful in filing lawsuits against housing providers accused of violating fair housing laws. The FHC receives funds to provide fair housing services -from Palm Beach County and cities of Boynton Beach, West Palm Beach, Delray Beach, and Boca Raton; it also receives contributions from some banking institutions. The Center conducts housing discrimination testing for HUD and the U.S. Justice Department. The Realtor Association of the Palm Beaches (RAPB1 is a signatory to the Voluntary Affirmative Marketing Agreement (VAMA), although not all of the reactor members are signatories. The RAPE provides new members with an orientation which includes general information on the County Ordinance for Equal Opportunity, as well as federal Fair Housing laws. County-wide efforts to assist in the development of affordable housing include the Community Financing Consortium, which is composed of local banks. The members provide below market interest rates, flexible terms and relaxed underwriting criteria for new construction, acquisition and rehabilitation of affordable housing within Palm Beach County. In the Spring of 2005 aCounty-wide Affordable Housing Task Force was formed, which is charged with evaluating the affordable housing problem and working cooperatively to arrive at a solution. The Committee's membership consists of representatives of the non-profit sector, building industry, real estate interests, business community and municipalities. In July 2008, the City of Delray Beach adopted an Affordable Housing Advisory Committee (AHAC) charged with reviewing the City's land development regulations and incentive strategies as they pertain to affordable housing. V. Assessment of Current Programs and Activities Fair Housin Center of the Greater Palm Beaches -Education and Outreach 17 S: //Community Improvement/Neighborhood Services/ CDBG/Documents/ALdoc The Fair Housing Center of the Greater Palm Beaches, Inc (FHC), is a full service, community-based fair housing agency that is a 501 (c) 3 and has been in operation since 1995. The City, thraugh its sub-recipient agreement with the Fair Housing Center, has contracted with FHC for the following services in arder to address identified impediments to fair housing choice: FHC's Education and Outreach Initiative is designed to provide private housing industry providers, public housing authorities, and community development corporations with the most current information and technical assistance necessary to fully comply with fair housing laws, consent decrees, enforcement agreements, Community Reinvestment Act (CRA) regulations and affirmative marketing requirements for the elimination of institutional barriers to decent affordable housing. City of Delray Beach Programs City of Delray Beach programs that address identified impediments to fair housing choice include: • Community Development Block Grant (CDBG): CDBG funds are awarded annually to anon-profit agency to provide fair housing education and outreach services. • State Housing Initiatives Partnership (SHIP) Program; SHIP funds are utilized for purchase assistance for very-low, Iow and moderate income households. Eligible SHIP applicants are presented with flyers provided by the FHC, Inc., informing them about their rights under the Fair Housing Act. The flyers are available in English, Spanish, and Creole. • A group called the Palm Beach County Affordable Housing Collaborative is composed of lenders, realtors, and local government representatives. The City's SHIP staff liaison is in regular contact with many members of this group, facilitating the interaction of prospective Iow income homebuyers with lenders and realtors. Various agencies such as LIFT (Life Improvement for Tomorrow), Consumer Credit Counseling Service, and Homes-4-U.Org, regularly present educational homebuyers seminars, benefiting low income prospective home purchasers. The City of Delray Beach sometimes sponsors these seminars, which include a segment on fair housing and predatory lending, presented by the FHC. The Delray Beach Housing Authority makes all eligible assisted housing tenants aware of the City's SHIP homebuyer assistance program. Homebuyer education seminars and Homebuyer Fairs are held far first-time buyers at Pompey Park, located in the CDBG target area. * Section 8 Rental Assistance Program: federally funded program that assists low income households with rent payments. Fair housing educational brochures 18 S: IlCommunity Improvement/Neighborhood Services) CDBG/Documents/Al.doc and complaint forms are distributed during Section 8 briefing sessions. When applicants are awarded vouchers, they are provided with a list of properties outside areas of poverty and tr-inority concentration. The Housing Authority holds outreach seminars to inform both current and prospective landlords about the Section S program, fair housing, and reasonable accommodation. • Family Self-Sufficiency (FSS) Program: Tenants receiving Section 8 rental assistance are eligible for this program, which provides clients with a caseworker who works with them on a five year action plan to become self- sufficient. The end goal of the plan for many clients is home ownership. The case worker coordinates assistance from agencies that provide vocational testing, job training, education, child care, transportation, etc.. The Palm Beach County Office of Equal Opportunity will continue to investigate and resolve complaints of discximination in employment on the basis of race, sex, color, religion, national origin, disability, sexual orientation, familial status, marital status or age, in accordance with Palrn Beach County ordinances. OEO obtained HUD qualifications as a Fair Housing Assistance Program (FHAP} on March Z~1, 1997. I9 S: I/Community lmprovement/Neighborhaod Services/ CDBG/Documents/Al.doc VI. Conclusions Impediment 1: High rates of Predatory Lending in the City of Delray Beach among minorities Predatory lending, most recently in the area of re-financing, ultimately strips borrowers of home equity, ruins their credit records, and increases the likelihood of foreclosure. Studies conducted in 2Q08 due to the new Neighborhood Stabilization Program show staggering evidence of these lending practices in the City's Northwest and Southwest neighborhoods. According to the Department of Housing and Urban Development, Census Tracts b5.Q1, 65.Q2, 69.Q3, b9.Q7, and 69.Q8 are currently experiencing the City's highest risk of abandonment due to pending foreclosures. Home prices in these areas have declined 16.3% from 2QQ7 to 2Q08. Vacancy rates in this area are projected to be currently in the range of 4% to 9.3%. It is assumed, based on national studies and the local statistics mentioned above, that differential treatment in the selling, and in re- financing propexty is prevalent among minority households in Delray Beach. Action.: The City of Delray Beach will continue to support non-profit partners in their efforts to educate residents about mortgage products, predatory lending and how to build credit. There is a need for increased credit counseling and education. The City will work in partnership with the United Way Prosperity Center located ak the City's Neighborhood Resource Center in order to further promote the credit counseling, foreclose counseling and financial literacy education now available at the NRC. Contracted workshops through FHC will also be geared to specifically include Predatory Lending 1ducation and Support Initiative provides seminars for community based organizations, civic and faith based groups, and Condo/Homeowner Associations to inform them about Federal and State Laws pertaining to predatory lending and fair housing lending. Delray Beach residents will have access to the projects toll free hotline, which utilizes a pubic information campaign featuring public service announcements to various media outlets, and distributes anti-predatory lending educational materials in order to heighten public awareness. Timeline: Increased promotion of existing NRC and FHC services will commence immediately. 20 S: //Community lmprovement/Neighborhood Services) CDBG/Documents/Al.doc Impediment 2: Lack of Public Awareness and Education concerning Fair Housing Rights As stated by the State of Florida's Consolidated Plan 2004-2010, persons protected under fair housing laws are typically unaware of their rights or what actions constitute a violation of rights. Bringing awareness of Fair Housing laws to Delray Beach residents assists them in learning haw to initiate the complaint process. The City of Delray Beach believes that a contributing factor to overall decline in fair housing complaints znay be due, in part, to education Action: A concerted effort must be made to further fair housing education. Educational efforts should include basic fair housing education about fair housing laws, awareness training about agencies available to process complaints on a local level, education in identifying discrizminatory practices when seeking housing {i.e. geographical steering), home buyer education and counseling in all areas of the City, The City will work in partnership with the FHC in order to implement these initiatives. The City will utilize the water bill (which is mailed to over 20,500 households) to disseminate important information. regarding fair housing. The City will work in partnership with FHC to coordinate public service announcements. Timeframe: Increased actions to heighten public awareness will commence immediately and will continue khrough 2009-2011. Impediment 3: Lack of adequate Housing Choice Vouchers to support Iow income renters as evidenced by the Delray Beach Housing Authority's waiting list. There are 600 families presently on the City of Delray Beach Housing Choice Voucher waiting list. The list is closed and remains closed to new applications until it decreases to fewer than 200 families. Families generally wait far four to five years before they receive housing assistance. Recent demolition of the Carver Estates housing complex has removed affordable housing units for extremely low income households. Action: The Delray Beach Housing Authority has established a Strategic Goal to Increase the availability of decent, safe, and affordable housing by expanding the supply of assisted housing, This will be accomplished by applying for additional rental vouchers whenever the opportunity is made available through HUD's Notice of Funding Availability {NOFA) process. Timeframe: Ongoing, upon issuance of HUD NOFA. 21 S: //Community Improvement/Neighborhood Services/ CDBG/Docutt~entslAl.doc ~~. BIBLIOGRAPHY 1. City of Delray Beach, Comprehensive Plan, Housing Element 2. City of Delray Beach, Comprehensive Plan, Housing Transportation 3. City of Delray Beach, Five Year Consolidated Action Plan 2005-201D 4, Palm Beach County, Five Year Consolidated Action Plan 2D05-2010, Summary of Impediments to Fair Housing 5. City of Delray Beach, Consolidated Annual Performance and Evaluation Report 2005-2006 6. City of Delray Beach, Land Development Regulations, Article 4.7, Family/Workfarce Housing 7. Housing and Community Development Act of 1974, Pub. L. No. 93-383. $. US Department of HUD, Fair Housing Planning Guide, Office of Fair Housing and Equal Opportunity, Volume 1, March 1996. 9. 2000 US Census -Table DP-1- DP-4 10. Legal Aid of Palm Beach County website, www,legalaidpbc,o~ 11. Various portions of HUD website, www.hud.gov 12. Fair Housing Center of the Greater Palm Beaches Website, www. f airhousingflorida. com 22 S: I/Community Improvement/Neighborhood Services/ CDBG/Documents/ALdoc 4~~~ ~~ Q t ~ V ~P,q r ~~P SIGNATURE PAGE As stated in the City flf Delray Beach's Consolidated Plan, this jurisdiction has conducted and Analysis of Impediments t4 Fair Housing Choice, which is attached. Rita Eliis, Mayor David T, Harden, City Manager Date Date 23 S: //Community ImprovementlNeigh6orhood Services/ CDBG/Documents/ALdoc ~m sva fo~~ d 11~~1~11 N ---- -~'"~ 1~'~'ry, CQBG TARGET AREA PuwuiHC pEPMNEHT L.~J Att OF oEUUY BENCH, FL uhP RF Bxhihit "A" Exhibit: "B" Table DP-1. Profile of General Demographic Characteristics: 2000 Geographic area: Delray Beach city, Florida [For information on confidentlafity protection, nonsampling error, and definitions, see text] Subject Number Porcent Subject Number Percent Total population .......................... 80,020 100.0 HISPANEG OR LATINO AND RACE Total population ......................... . 80,020 100.0 SEX AND AGE= Hispanic ar Latino {of any race) ............... 4,184 7.0 Male ......... ............................... 28,635 47.7 Mexican............... Female ............................ ......... 31,385 52.3 Puerto Rican ......... ...................... 722 1.2 ............. Under 5 years ............ ...... 3,007 5 A Cuban .................................... 465 0.8 ................. 5 to 9 years ............. ... 3,100 5.2 Ot er ispanic or atmo .................... ,55 10 to 14 years ............................... 3,109 5.2 Nnt Hispanic or Latino ........................ 55,836 t5 to 19 years ............................... 2,825 4.7 White alone.........:...................... 37,074 61.8 20 io 24 years ............................... 2,705 4.5 REE_ATIONSHIP 25 to 34 years ............................... 7,455 12.4 Total population....... ................... 60,020 100.0 35 to 44 years ............................... 8,795 14.7 In households................................ 59,490 99.1 45 to 54 years ............................... 7,588 12.6 Householder.. ............................. 26,787 44.6 55 io 59 years ............................... 3,113 5.2 Spouse ................................... 11,352 1$.9 60 to 64 years ............................... 2,772 4.6 Child. , ............ ............ 12,727 21.2 65 io 74 years ............................... 6,501 1D.$ Own child under 18 years ........... . .... 9,183 15.3 75 to 84 years ............................... 6,485 30.8 ether relatives .............. , ............. _ 4,fl99 6.8 B5 years and over ............................ 2,565 4.3 Under 18 years......................... 1,46D 2.q Median age {years) ........................... 43,8 {X} Nonrelatives............................... 4,525 7.5 Unmarried partner .......... . ............ t,502 2.5 38 years and over ............................ 49,082 81.6 In group quarters................. ........... 530 0.9 Male ...................................... 22,968 38.3 Institutionalized population................... 304 0.5 Female .................................... 26,114 43.5 Noninstitutionalized population ............... 226 0.4 21 years and over ............................ 47,468 79.1 62 years and over ............................ 17,205 28.7 FfOUSC=HOLD l3Y TYPE 65 years and aver ............................ 15,551 25.9 Total hnuseholds......................... 28,787 100.0 Male ...................................... 6,495 10.8 Family households (families}................... 15,091 56.3 Female .................................... 9,056 15.3 With own children under 18 years . , ... , ... , 5,058 18.9 Married-couple family ....................... 11,352 42.4 MACE With own children under 18 years .......... 3,229 12.1 One race .................................... 57,624 96.D Female householder, no husband present..... 2,727 10.2 White ..................................... 39,908 66.5 With own children under 18 years .......... 1,407 5.3 Black or African American ................... 15,981 26.6 Nonfamily households ............ ..... ....... 11,896 43.7 American Indian and Alaska Native........... 1D2 0.2 Householder living alone .................... 9,452 35.3 Asian ..................................... 651 1.1 Householder 65 years and over............ 4,906 18.3 Asian Indian ............................. 264 0.4 Chinese ................................. 128 0.2 Households with individuals under 18 years ..... 5,839 21.8 Filipino ................... ...... g5 0,2 Households with individuals 65 years and over .. 11,048 41.2 Japanese ................................ 31 0.1 Average household size....................... 2.22 (X) Korean .................................. 20 - Avoragofamily size........................... 2.87 (X) Vietnamese .............................. 45 0.1 Other Asian ' ....................... . .... 68 0.1 HOUSING OCCUPANCY Native Hawaiian and Other Pacific Islander.... 49 0.1 Total housing units............ .......... 31,702 100.0 Native Hawaiian .......................... 12 Occupied hnusing units ....................... 26,787 84.5 Guamanian or Chamorro ............... "' ~ - Vacant housing units ......................... . 4,915 15.5 Samoan .. ............................... 21 - For seasonal recreational or Other Pacific Islander z ....... . ... . . . . . ... 7 - , , occasional use............................ 3,483 11.D Someatherrace ........................... 933 1.6 Two or more races ........................... 2,396 4.R Homeowner vacancy rate (percent)............. 1.5 (X) Rontai vacancy rate (percent} .................. 7.8 (X) Race alone ar in combination with ane or more other races: ' MOUSING TENURE Whiie ....................................... Af i A i 40,506 67.5 Occupied housing units.................. 28,787 100.0 Btack or r can mer can .................... . 17,847 29.7 Ownor-occupied housing units ................. 18,676 69.7 American Indian and Alaska Native ............. 245 0.4 Renter-occupied housing un'sts ................. 8,109 30.3 Asian ....................................... 885 1.5 Native Hawaiian and Other Pacific Islander...... 255 0.4 Average household size of owner-occupied units. 2.19 (X) Some other race ........ . .................... 2,758 4.6 Average household size of renter-occupied units . 2.3D (X) - Represents zero or rounds €o zero. (X) Not applicalale. ~ Oiher Asian alone, or two or more Asian categories. s Other Pacific Islander alone, or two or mare Native Hawaiian and Other Pacific islander categories. s In combination with one or more of the other races listed. The six numbs€s may add to more than the Total population and the six percentages may add to mare than 100 percent because individuals may report more than one taco. Source: U.S. Census Bureau. Census 200D. U.S. Census Bureau Ex[tibi~ "B" Table DP•2. Profile of Selected Social Characteristics; 2000 Geographic area: Relray Beach city, Florida [Data based on a sample. Far information on confidentiality protection, sampling error, nonsampting error, and definitions, see text] Sub;ect Number Percent Subject Numbor Percent SCHOOL ENROLLM>=NT NATIVITY ANt] PLACE OF BIRTH Poputation 3 years and over Tota! population ..................... . .... 59,941 100.0 enrolled to school .................... 12,441 100.0 Native.............,......................... 47,D53 78.5 Nursery school, preschool ..................... 945 7.6 Born In Unitod States ....................... 46,164 77.0 Kindergarten ................................. 539 4.3 State of residence........................ 13,750 22.9 Elementary school{grades 1-8) ................ 5,255 42.2 Different state............................ 32,434 54.1 High school (grades 9-12} ..................... 3,132 25,2 Bom outside United States ............... , .. St39 1.4 College or graduate school .................... 2,57D 20.7 Foreign born................................. 12,868 21.5 Entered 1990 to March 20011 .............. 6,316 10.5 EDUCATIONAL ATTAINMENT Naturalized c€tizen .......................... 4,137 6.9 Population 25 years and over.......... 45,474 100.D Not a citizen ............................... 8,751 14.6 Less than 9th grade .......................... 3,147 6.9 9th to 12th grade, no diploma .................. 5,489 12,1 REGION OF BIRTH OF FOREIGN BORN F€igh school graduate {includes equivalency)..... 10,751 23.6 Total (excluding born at sea) .............. 12,888 100.0 Some college, no degree ...................... 10,126 22.3 Europe...................................... 2,116 16.4 Associate degree ............. ....... 2,632 5.8 Asia ........................................ 534 4.1 Bachelor's degree ............................ 8,715 19.2 Africa..,.................................... 223 1.7 Graduate or professional degree ............... 4,614 10.1 Oceania..................................... 49 0.4 Latin America ................................ 9,395 72,9 Percent high school graduate or highor......... 81.0 {X} Northern America ............................. 571 4.4 Percent bachelor's degroe or higher ............ 29.3 {X} LANGUAGE SPOKEN AT HOME MARITAL STATUS Population 5 years and over .............. 57,120 1D0.0 Poputation 15 years and ovor.......... 51,D64 100.D English only ................................. 42,558 74.5 Never married ........ ............ ........... 12,561 24.6 Language other than English .................. 14,562 25.5 Now married, except separated ................ 25,165 49,3 Speak English less than "very well" ........ 7,4D8 13.0 Separated .............. ............ 1,195 2.3 Spanish................................... 3,954 6.9 Widowed ............... ... ~~~~~~~~~~~~~~~~~~ 5,882 11.5 Speak English loss than "very well" ........ 1,712 3.0 Female .................................... 4,687 9.2 Otherlndo-Eurn eanlangua es ............. P 9 9,890 17.3 Divorced .............. ........... ........... 6,261 12.3 Speak English less than "very well" ...... , , 5,476 9.6 Female .............. ........ .............. 3,483 6.8 Asian and Pacific Island languages........... 311 0.5 Speak >~ngllsh less than "very well" ........ 133 D.2 GRANDPARENTS A5 CAREGIVERS ANCESTRY {single or multiple} Grandparen# tieing in household with Total population .......................... 59,941 100,0 one or more own grandchildren under Totalancesfries roportod................... 60 892 109.3 18 years ............................. 1,208 100.D Arab , 336 D 6 Grandparent responsible for grandchildren .... , . 521 43.1 . ~ ...................................... Czech ...................................... 241 . D.4 VETERAN STATUS Danish ...................................... t75 D.3 Civilian population 18 years and over,. 49,388 100.D Dutch ....................................... 747 1.2 Civilian veterans .............. ........ 6,926 14.0 English...................................... French (except Basque}' , . , , , ... . ............ 4,856 1,495 8.1 2.5 DISABILITY STATUS OF THE C1VlLIAN French Canadian' ............................ 42D D.7 NO NINSTITUTIONALIZEI3 POPULATION German ..................................... 6,308 10.5 Population 5 to 2D years ............... 9,423 100.D Greek.,..................................... 408 D.7 With a disability .............................. 1,127 12.0 Hungarian..................,................ 6D7 1.D Irish ........................................ 6,182 10.3 Population 21 to 64 years .............. 32,091 10D.D Italian ..................... ......... 4,757 7.9 With a disabilit ... y ........................... 7,557 23.5 Lithuanian................................... 197 0.3 Percent employed .......................... 63.1 (X) Norwegian................................,.. 381 0.6 No disability ................................. 24,534 76.5 polish,............. ......................... 1,915 3.2 Percent employed .......................... 73.8 (X) Portuguese............. ..................... 174 D.3 Population 65 years and over.......... 15,306 100.0 Russian ..................................... 2,001 3.3 With a disability ........ . ...... . .............. 5,475 35.8 Scotch-Irish.................. , . , ............. 608 1.0 Scottish ..................................... 9,114 1.9 RESIDENCE IN 1995 Slovak ...................................... 92 0.2 Population 5 years and over........... 51,920 100.0 Subsaharan African ........................... 431 D.7 Same house in 1995 .......................... 26,293 49.4 Swedish..................................... 745 1.2 Ditferent house in the U.S. in 1995 ............. 25,756 45.1 Swiss ....................................... 935 t}.2 Same county .............................. 14,435 25.3 Ukrainian........,........................... 178 D.3 Different county ............................ 11,32t 19.8 United States or American..................... 3,128 5.2 Same state .............. ......... ....... 3,912 6.8 Welsh , ...................................... 265 0.4 Different state ...... . ..................... 7,409 13.0 West Indian (exclud'€ng Hispanic groups) ........ 7,220 12.0 Elsewhere in 1995 ............................ 3,151 5.5 Other ancestries , ............................ 15,57fi 26.0 -Represents zero ar rounds to zero. {X) Not applicable. 'The data represent a combination of two ancestries shown separately in Summary File 3. Czech includes Czechoslovakian. French includes Alsa- tian. French Canadian includes AcadianlGajun. Irish Includes Celtic. Source: U.S. Bureau of the Census, Census 2040. U.S. Census Bureau Exhibit r,Err Table DP-3. Profile of Selected Economic Characteristics: 2QQO Geographic area: Delray Beach city, Flor€da (Data based on a sample. For information on confidentiality protection, sampling error, nonsampling error, and definitions, see text] Subject Number Percent Subject Number Percent EMPLOYMENT STATUS INCOME IN 1999 Population 16 years and nver............ 50,525 100.0 Households .. ........................... 26,854 10D.D [n labor€orce .. .............................. 27,264 54.0 Less than $10,000............................ 2,161 8.D Civilian labor force .......................... 27,264 54.0 $10,000 to $14,999..,......,..,.............. 1,768 6.6 Employed ............................... 25,672 54.8 $15,000 to $24,99$........................... 3,522 13.1 Unemployed ............................. 1,592 3.2 $25,000 to $34,998........................... 3,346 12.5 Percent of civilian labor force ............ 5.8 (X) $35,000 to $49,999 ........................... 4,278 15.9 Armed Forces .............................. - - $50,OOD to $74,999............... ... 4,997 18.6 Not in tabor force ............................. 23,261 4fi.0 $75,000 to $99,999........................... 2,737 10.2 Females 16 years and over .............. 26,973 100.0 $100,000 to $149,999......................... 2,176 8.1 In labor force ............. ..... .............. 12,831 47.6 $150,000 to $199,999......................... 777 2.9 Civilian labor force ............. . . . , ... , ..... 92,631 47.6 $200,DOD or more ............................ 1,092 4.1 Employed ............ .............. 12,066 44.7 Median housohold income (dollars)........ , .. , , 43,371 (X) Own children under 6 years ............. 3,144 1DD.0 With earnings ................................ 17,686 65.9 All parents in family in labor force ............. ~ 1,942 61.8 Mean earnings (dollars)' .................... 60,097 (X) With Social Security income .. . . ..... . . . . . . . ... 11,173 41.6 COTVIMUTING TO WORK Mean Social Security incame (dollars)' ...... 12,917 (X) Workers 16 years and over ..... . .... . ... 25,300 100.0 With Supplemental Security Income ............ 702 2.6 Car, truck, or van - -drove alone ............... 99,760 78.1 Mean Supplemental Security Income Car, truck, or van - -carpooled ................. 3,147 12.4 (dollars)' ................................. 5,896 (X) Public transportation (including taxicab) ......... 423 1.7 With public assistance income ................. 469 1.7 Walked ..................................... . 463 9.8 Mean public assistance income (dollars)' ..... 2,861 (X} Other means . .............................. . . 447 1.6 With retirement income ........ , .............. 5,345 19.9 Worked at home .............. . .............. 1,100 4.3 Mean retirement income (dollars)' ............ 19,496 (X) Mean travel time to wark (minutes)' ............ 22.4 (X) Families ............................... . 15,131 10D.D Employed civilian population Less than $10,000 ........................... 774 5.1 16 years and over ..................... 25,572 iD0.0 $10,DOOto $14,999........................... 679 4,5 OCCUPATION $15,000 to $24,999........... .. , . ............ 1,669 11 A Management, professional, and related $25,DOD to $34,999 .......... . ................ 1,753 11.6 occupations ................................ 8,619 33.6 $35,DODto $49,999........................... 2,473 16.3 Service occupations .......................... 5,663 22.1 $50,00{]to $74,999....,,,.,,................. 3,104 20.5 Sales and office occupations .................. 6,913 26.9 $75,000 to $99,999........................... 1,785 11.8 Farming, fishing, and forestry occupations....... 129 0.5 $100,040 to $149,999 .................... . .... 1,502 9.9 Construction, oxtraction, and maintonance $150,040 to $199,999 ......................... 599 4.D occupations ................................ 2,039 7.9 $200,000 or more ............................ 793 5.2 Production, transportation, and material moving Median #amily income (dollars) ................. 51,195 (X) occupations ................................ 2,309 9.0 Per capita income (dollars)' .................. . 29,354 (X) INDUSTRY Median earnings {dollars}: Agriculture, forestry, fishing and hunting, Male full-time, yoar-round workers ............. 33,699 (X) and mining ........................... . ..... 104 0.4 Female full-time, year-round workers ........... 28,469 (X) Gonstruction ................................. 1,728 6.7 Manufacturing ................................ 1,565 6.1 Number Porceni Wholesale trade .............................. 1,047 4.1 below below Retail trade .................................. 3,741 14.6 poverty poverty i~ransportation and warehousing, and utilities .... 1,032 4.0 Subject level level Information .................................. 848 3.3 Finanoe, insurance, real estate, and rental and POVERTY STATUS IN 1999 leasing ................... ................. 2,107 8.2 Families ............................... 1,236 8.2 Professional, scientific, management, adminis- With related children under 18 yoars........... ~ 818 13,9 trative, and waste management services .. , .... 3,095 12.1 With related children under 5 years........... 315 13.4 Educational, health and social services .... , , ... 4,584 17.9 Arts, entertainment, recreation, accommodation Families with female housoholder, no and food servives .......................... 3,476 13.5 husband present...................,.. 602 23.6 Other services (except public administration) .... 1,526 5.9 With related children under 18 years........... ~ 448 26.5 Public administration .......................... 823 3.2 With related children under 5 years........... 971 3D.2 GLASS OF WORKER Individuals ............................. 7,012 11.t3 Private wage and salary workers . . . . ........... 21,378 83.3 18 years and over....................... , .... 5,147 10.5 Government workers ................. . ........ 2,517 9.8 65 years and over................. .. 1,190 7.8 Self-employed workers in own not incorporated Related children under 18 years ............... 1,813 17.6 business ................................... 1,667 6.5 Related children 5 to 17 years ............... 1,399 18.7 Unpaid family workers ........................ 110 0.4 Unrelated individuals 15 years and over......... 2,668 16.6 -Represents zero or rounds to zero. (X) Not applicable. 'If the denominator of a mean value or per capita value is less than 30, {hen that value is calculaked using a rounded aggregate in the numerator. See text. Source: U.S. Bureau of the Census, Census 2000. U.S. Census Bureau ~xhihit "B" Tahie DP-4. Profile of Selected housing Characteristics; 2000 Geographic area: 17elray Beach city, Florida [Data based on a sample. For information on confidentiality protection, sampling error, nonsampling error, and definitions, see text] Subject Number Percent Subject Number Percent Total housing units .................... 31,659 100.0 OCCUPANTS PER ROOM UNITS IN STRUCTURE Occupied housing units ............... 26,757 100.0 1-unit,detached .............................. 11,524 36.4 1.00 or less............... ....... ............ 25,055 93.6 1-unii,attached .............................. 3,265 1D.3 1.01 to 1.5D ................................. 9D7 3.4 2 units ...................................... 958 3.0 1.51 or more................................. 795 3.D 3 ar 4 units .................................. 3,817 12.1 5 10 9 units .................................. 3,245 1D.2 Specified owner-occupied units........ 11,318 1D0.4 10 to 19 units ................................ 2,710 8.6 VALUE 2D nr mare units ............................. 5,661 17.9 Less than $50,DDD............................ 674 6.D Mobile home ................................. 391 1.2 $50,OOD to $99,998........................... 3,511 31.D Boat, RV, van, etc ............................ 88 0.3 $10D,ODD 1o $149,999......................... 2,765 24.4 $15D,DOD 10 $199,999 ......................... 1,598 14.1 YEAR STRUCTURE BUILT $2D0,000 tv $299,999 ......................... 1,061 9.4 1999 to March 20D0 .......................... 816 2.6 $3DO,OODto $499,999......................... 1,D04 8.9 1995 to 1998 ................................ 2,231 7.0 $5D0,000 to $999,999.......................,. 556 4.9 199D to 1994 ................................ 1,923 6.1 $1,OOQODO or more............... ..... .. 149 1.3 1960 to 1989 ................................ 9,11D 28.8 Median (dollars).............................. 127,700 (X} 1970 to 1979 ................................ 10,460 33.0 1960 to 1969 ................................ 3,076 9.7 MORTGAGE STATUS AND SELECTED 1940 to 1959 ................................ 3,336 1D.5 MONTHLY OWNER COSTS 1939 or earlier ............................... 7D7 2.2 1Niih a mortgage ............................. 7,643 67.5 Less than $30D .......................... 7 0.1 ROOMS $3D0 to $499 ............................ 239 2.1 1 room ...................................... 412 1.3 $500 to $699 ............. .... ........... 756 6.7 2 roams ..................................... 1,553 4.9 $700 to $999 ............................ 2,152 19.D 3 rooms ..................................... 4,225 13.3 $1,000 to $1,498......................... 2,412 21.3 4 rooms ..................................... 8,952 2B.3 $1,50D to $1,999......................... 1,01D 8.9 5 rooms ..................................... 8,262 26.1 $2,OOD or more .......................... 1,067 9.4 6 moms ..................................... 4,D54 12.8 Median (dollars).......................... 1,141 (X} 7 rooms ..................................... 2,361 7.5 Not mortgaged........... ............ ........ 3,675 32.5 8 rooms ..................................... 1,174 3.7 Median (dollars}.......................... 396 {X} 9 or more rooms ............................. 666 2.1 Modian (rnoms) .............................. 4.6 (X) SELECTED MONTHLY OWNER COSTS AS A PERCENTAGE OF HOUSEHOLR Occupied housing units ............... 26,757 1DD.0 INCOME EN 1999 YEAR HOUSEHOLDER MOVED INTO UNIT Less than 15.D percent .... . ........ . .......... 4,014 35.5 1999 to March 20DD .......................... 5,788 21.6 15.0 to 19.9 percent .......... , . .......... .... 1,748 15.4 1995 to 1998 ................................ 7,950 29.7 2DA to 24.9 percent .......................... 1,304 11.5 1990 to 1994 ................................ 4,412 16.5 25A to 29.9 percent .......................... 1,082 9.6 198D to 1989 ................................ 5,334 19.9 3D.0 tv 34.9 percent .......................... 644 7.5 1970 to 1879 ................................ 2,254 8.4 35.D percent or mare ......................... 2,210 19.5 1969 arearlier ............................... 1,019 3.8 Not computed............... ............. 196 1.D VEHICLES AVAILABLE Specified renter-occupied units ........ 8,153 100.D None ....................................... 2,341 8.7 GROSS RENT 1 ........................................... 13,224 49.4 Less than $20D .............................. 43D 5.3 2 ........................................... 8,690 33.2 $2D0 to $299 ,............................... 208 2.6 3 or mare ................................... 2,302 8.6 $3DD to $499 ..........,,. ... ................ 549 6.7 $5D0 to $749 ................................ 2,192 26.9 HOUSE HEATING FUEL $750 to $999 ................................ 2,024 24.8 Utility gas ................. .... 484 1.8 $1,DOD to $1,499............................. 1,932 23,7 Bottted, tank, or LP gas ....................... 277 1.0 $1,500 or more ................... , .. , ....... 440 5.4 Electricity .................................... 25,302 94.6 No cash rent..........................,...... 378 4.6 Fuel ail, kerosene, etc ........................ 81 D.3 Median (dollars).................. , ..... , . , ... 807 (X} Coal or coke ................................. - - Wnod ....................................... 26 D.1 GROSS RENT A5 A PERCENTAGE OF Solar energy ................................. - - HOUSEHOLD INCOME IN 1999 Other fuel ................................... 9 - Less than 15.D percent........................ 1,190 14.6 No fuelusod ................................. 578 2.2 15.0 to 19.9 percent .......,.................. 1,140 14.D 2D.0 to 24.9 percent .......................... 862 10.6 SELECTED CHARACTERISTICS 25.0 to 29.9 percent .......................... 901 11.1 Lacking complete plumbing facilities ............ 159 D.6 3D.D to 34.9 percent .......................... 718 8.8 Lacking complete kitchen facilities .............. 133 D.5 35.0 portent or more ......................... 2,835 34.8 No telephone service ......................... 448 1.7 Not computed................................ 507 6.2 -Represents zero or rounds tv zero. {X} Not applicablo. Source: U.S. Bureau of the Census, Gensus 200D. 4 U.S. Census bureau Exn~n,c~°c°~ Florida Housing Finance Corporation 2008 Income Limits Adjusted to Family Size West Palm Beach-Boca Raton MSA (Palm Beach County) SHIP Program Income Limits Adjusted to Family Size Income Percentage Number of Persons in Household Level Category 1 2 3 4 5 6 7 8 Very #-0W ° ° 30% 14,550 16,600 1$,700 20,750 22,400 24,050 25,750 27,400 t0 i° - 50 i°) 35% 16,940 19,390 21,805 24,220 26,145 28,105 30,030 31,955 40% 19,360 22,160 24,920 27,680 29,880 32,120 34,320 36,520 45% 29,780 24,930 28,035 31,140 33,615 36,135 38,610 41,085 Low (51%-80%S 50% 24,200 27,700 31,150 34,600 37,350 40,150 42,900 45,650 55% 24,$00 28,300 31,850 35,400 38,250 41,050 43,900 46,750 60% 29,040 33,240 37,3$0 41,520 44,820 48,180 51,480 54,780 70% 32,350 36,950 41,600 46,200 49,900 53,600 57,300 61,000 Moderate (81%- 920%} 80% 38,750 44,300 49,800 55,350 59,800 64,200 68,650 73,050 90% 41,600 47,500 53,450 59,400 64,150 6$,900 73,650 7$,400 100% 46,200 52,$00 59,400 66,000 71,300 76,550 81,850 87,100 Median 56,000 120% 58,080 66,4$0 74,760 83,040 89,640 96,360 102,960 109,560 High Modera#e (121%-140%) 140% 67,760 77,560 87,220 96,880 104,580 112,420 120,120 127,820 ExT131S~t r~~n ART[CLE 4,7 ARTICLE 4.7 FAMILYIWORKFORCE HOUSING [Section Amended by Ord. 18-06 414!46] [New Section Enacted by Ord. 66-04 1216!04] Section 4.7 Findings (A} The City Commission has determined that there is a severe housing shortage in the City of Delray Beach that is affordable to the everyday working families and citizens of the City; and (B} Florida Statutes ~ 166.04151 provides that a municipality may adopt and maintain any ordinance that is adopted far the purpose of increasing the supply of affordable housing using land use mechanisms such as inclusionary housing ordinances not withstanding any other provision of law; and (C} The City Commission recognizes that there is a growing gap between housing casts and wages in the City; and (D} The City of Delray Beach has a legitimate public interest in preserving the character and quality of neighborhoods which requires assuring the availability of workforce housing for moderate and lower income persons in the City; and (E} The City recognizes that the need to provide workforce housing is critical to maintaining a diversified and sustainable City having the character and sense of a community where people can live and work in the same area; and (F) The City is encouraging the production and availability of workforce housing and at the same time is cognizant that escalating land costs and rapidly diminishing amounts of land hinder the provision of sufficient workforce dwelling units by the private sector; and (G) The City Commission has adapted the Southwest Area Neighborhood Redevelopment Plan and Comprehensive Plan changes recognizing the need to redevelop the Southwest Neighborhood in a manner that preserves the neighborhood and provides workforce housing. (H) The City Commission desires to establish an additional workforce housing overlay district known as the Infill Workforce Housing Area for certain properties located west of the Intracoastal and east of 1-95, outside of the coastal high hazard area and as depicted on the map attached and made a part of Article 4.7. (I} The City Commission also desires to establish additional incentives to encourage additional FamilylWorkforce Housing, including but not limited to requirements to provide additional workforce housing for developments that request increases in height and/ar density pursuant to Section 4.3.4(J}{4)(b) and 4.4.13(1). [Amd, Ord. 52-Q8 11118Ip8] (J) The City Commission desires to establish an additional workforce housing overlay district known as the 1-95/CSX Railroad Corridor Overlay District for certain properties located east of the CSX Railroad, west of I-95, south of the E-4 Canal, and 4.T -1 SECTION 4.7 (J) north of the Historic Depot property as depicted on the map attached and made a part of Article X1.7. [Amd. Ord. 10-07 312fl107] Section 4.7.1 Definitions a. Adlusted Median Income {A.MJ.) -The Palm Beach County median income, based on a family of four, as published by Florida Housing Finance Agency. b. Affordability Controls -Restrictions placed an dwelling units by which the price of such units andlor the income of the purchasor or lessee will be restricted in order to ensure that the units remain affordable to eery low, low, or moderate income households. c. Carver Estates Overlay District -The area shown an the map below. [Amd.Ord.03-08 "#-15-08] '"~ . ' sw.+nc sr. ~ _._ _,- ~' 1 ~ ~ ~ ~ t _ r _ .,_ ...... a ; ~ ~ ,, - s. SV ~---- - ~ 3= ' ............... AUBUEiN CfRCLE MOft1H ~ '--- I _ ~ .- r ~ ...._. ' - _.... S~ ~ I ._._ ~ ~ __. .. -.. ~ _ __ -. ~ ~ us ~ ' vi r ,-_ ~_ -_~- _ ~. ~__ _ _ s w. w. . ~ A f1RR I)R, ~ - ~~ ~ ~ f 1 ` < ~ R ,.. ..-_ Q~/ .. ~'~ Avow<n~ c~~ s. ~ / nur~~rrr - __._.... E . . -- - ~ s.w~ zfH sl. ~, ~.~._,_. ... _.. _ ... -- ~ 1 dA~'tYER E[iT.41L5 '- a i . 7 f .._.~ ! L'1 '. t 7Tt+ ~ C'. . ; __ _ ... ~ € ..._ - - .w. _ ~ ~ ~ - _.~ i S ~ 1 . , . - __ ; 5.55`. . .- ~ - .- _ . . w .- i ~ - ~ ... . ~ ~ ~w• -' ~ - +~ _ _. _ . ._ _.._ __ E , ~ I i E ~ 14TI-1 S. W. E E € € ~ ~ € __ ~ ._~ ~ ¢ a ~ `: d i r ~- . 4.7 - 2 SECTION 4.7.1 d. d. C~ -The City of Delray Beach, Florida. e. CRA -The Delray Beach Community Redevelopment Agency. Densi#y Bonus Program -The Density Bonus program is an incentive program intended to encourage developers to build affordable owner- occupied and rental housing within the City of Delray Beach. The concept is that for every workforce housing unit that a developer builds, a calculated number of market rate units greater than would be allowed otherwise may be built. g. Density Bonus Unit - An additional dwelling unit added above the base number of units authorized once performance standards have been applied and the density has been computed under existing codes. h. DevelopmentT A housing development at one location including dwelling units for which approvals have been granted. Eligible Occupant - A person who qualifies far participation in the program. Priority will be given to persons who have lived or worked within the City limits of Delray Beach continually for one year immediately prior to the date of application far a workforce housing unit related to the Density Bonus Program and who qualify for participation in the program. j. First Time Home Buyer - A person who has not held ownership in a residence within the past three years. k. Household - A single person living alone, or two or more persons sharing residency, with a combined income available to cover household expenses. Infill Workforce Housing Area -~ The area located west of the Intracoastal Waterway and East of i-95, outside of the coastal high hazard area, as depicted on the maps below: tama. ora. os-os ~-~s-os~ 4.7 - 3 SECTION 4.7.1 I. l~ 1 -~-.~ _ V'qA IAA ----~ . ~~ P -:-:.~ ~ fnfill Workforce Housing Area ~: -~-; ? 8 Units Per Acre i~-1 Caastai High Hazard Area D 4.7 - 4 Map SECTION 4,7.1 I. -~_i~ 1 ~ !~~ r/~.. i ! g... F~ 1;.. ...., ~ i 5 ~ ~ ~ 1 ~ K I ~ li ~ ~~, ~; ;1 ~~~, I J ~ of 3 C~ .°~ ~ I E 1 ~ p§ t I' i j~ f~ ' '~ 1 ~ iI N r I 1 1 ~ :_ ~~ fi v~ ~~ i i " ~ ..~ ~ ~1 f i ~ ~ [ I _.1 1 ~ I I' y ~ i § ii ~ . ~ i ~. c _.. ,,:wc« I ~~~ S r i 8 Y ::.n L i ' ~lD# ~' ~ I Jj~ ~~ !. .:- ~ ~ eta r _ ~ ;' ~ ~ ~ ,~ ~ I ~ ~ R _N - . ,...., _ _ 7 ' (:I ~~ ~ ~~" ~ rj LO ~ ~~ I -~ ~~ ~ ~ I~'~ ~; ' ~ ~~ ~ ~~ ~~ ~ ~ ~ ~ ,.~ ,.. A ~'~ E '~~ ~ ~ ~ ~ 4 ~ - F ~7t~,,. s y3 ~k t ~ ~ w_ i 2 ve-~ E ~ ~ f y ~:_ _ .... . 1~ = S r OTM__" a ~~ ~i I _ ; i 1 ( ~~~r~ i ~ f ...w: ~~ - - f ~ . j.. ~ . -~ J",,.,n,.w....r - ~ A _ ,' p € ~~'~ f ~' D`- ~ ~ ~ CIIIOII' RC ~I41.• ~/ ~NTt)N ~ _ ~, LV ----_-~-,,,. ~ ~~e, t J~ i ~ ~/' ~ ~' ~ °~~` '' j ~ ~ f` os- J 1~ ~ 4 ~ w - --- Aifap ~ o , 1n~iI1 Vllarkfvrce NQUSr`ng Area ~ 8 Un#ts Par Acre ,;._ ~oasta# High Hazard Brea ,, ~ ''s _._..~. ~ t ~-~ i ~~ is `- \\'~., ~' f ~, ~ ~- ' ~ i f ~, ~ ` , ,~ 1 ,~' r ~ F \ ~^, l F ~\ \ ~>> o ~ N ~.~:~; t ~~ . ,a ~ ~, ~ `~~ ~ ,~ r~ f f ~ ~ 1 S ~ ~ 1 \ .., ~ ~ \ , ~ f ~" . r ~ i '"` '. i ~ w: ~, ~, !Y~ / 1 ~ ( - ~-. ~ f t ~~ 'k~' i E f ~~ .~ ; ~ y ; ~~ ~ ~ ~ ~~~ ~~~ \~ .~ A ~~~ y ~~ ~ ~ ,, I ' f h ,, ti `~ i ! e . ~~ k~ ~ ~ ~- - - _ ------ N' _._____._ CffY LFIFtS •••. ••••• -. ••~••. crrraw nrzagyap~scrr, ~'t PLiiwvW@ l ZCIMkIf DEAAATAfEM /<!o~ ZBp6 Mop ftoF, U.tAf9k7 - - W IiffAC BASE MAP 9~'97EV.. t lVlap ~.7~t SECTION 4.7.1 I. 2 of ~ ~< CJ '~ W C'! G a C[TY RF BOCFi R.4Tf1N ). +~ i Mp, ~' , + ~r "~' ~ e r i a~a ~ e i. [~, + .,~ ,~.. ~' ~.' + r vJ\, 1 _ ~ ,~ ., r i W r: m '°~ c~ ~~ ---~ ~._ .,E . ~ ,~ •.1 ~ S~ -. ~ f""1 4 .:.. ~ f ~I '! ~. ~. lnfiil Workforce Housing Area N~ _ _ _ _ _ ~,~~,~ _ ~ ~. W ~8 ~rl1~S ~@f ~CT$ crrroFOaaaraenc~r-r w,_.- r~~ih:QSZOmNa nE»nRrMSVr /~ G. ~,,J j~ ..,,,/ /{.. Coastal T7~~1 f ~~zaf ll /`4l ea March 2008 MapRaC f.AfAiBfd .. Lx3nsv.8~6C~ ~ 5r8c~-. Map 3 4.7 - 6 SECTION 4.7.1 m. m. Low Income Household ~- A household with a gross, combined income between 61 % and 80% of the Palm Beach County Adjusted Median Income {as defined by the Florida Housing Finance Authority}. n. Moderate Income Household - A household with a gross, combined income between 81 % and 120% of the Pafm Beach County Adjusted Median Income (as defined by the Florida Housing Finance Authority). a. Other Workforce Housing -Workforce Housing is required in areas covered by Land Development Regulations Section 4.4.13(1), where the density is increased; and by Section 4.3.4 (J)(4}(b), where a fifth floor is added to the building. p. Southwest Neighborhood Overlay District -The area zoned RM between Interstate 95 and S.W. 1st Avenue, from Atlantic Avenue to S.W. 2nd Street, except along 5W 12th Avenue, where it extends south to SW 3rd Street, as Shown in the map below. [Amd. Ord. 52-08 11118108]; [Amd. Ord. 33-08 8119108] 4.7 - 7 SECTION 4.7.'I q. q. Southwest 1Qt" Street Overla District -The area at the Southwest corner of Swinton Avenue and 1 Q Street as shown in the map below. LV7Y OF AELRAY BFALft YIf6LlG WORKS COMP(.E.Y _. k __.~..._.. ~._~..,. ;.. i . E ..._.1. '. .:.. i ~o~ ,~~l~Y SCSf~W. FR2E R6)OE O.'' OEIFRY verrm,' 1YA7ER IKEA (ylENF PiAH7 { ...... tcit7R1E ~ [ L'~{lA{M`J 5.~. :~u ~u u ~~ s,. ~ _. rv~a - -- i~___{ ~%1.1Ri[a5 t~hllDi I.. , _ ~ ' naawvh fRVt21 S.E. PIR.Y 1]Bi Rp. ~~ ...i...._ 1.__...1. CVLf SIRFRAI C{H,I.kERLYAi CEH7RF L1H70H Ri4aS _..__.._ _ COUNN 5AN17ARON ~_ SfCt7Rl7Y '_-" _ 1'' I = 5£LF 57~PR~ tlLt16. I 's L I N 7° N I F 3 I ' ~ I ~ ~ !_1 ' ~~~ r . __.. ~~ - -1<~RUGX ~ _ ~'1 J' OOM1SAfHP: \- t3C€RAY IH(• PLAT.A AY ~ ~p LGY7pN'= : ~^"Y~ '~~ oELRAY , ~ ~ itiY075: ` Z' ~v _ , f4 7REF LM€L ~~ nAR8CuR5 0[O NAR911VR CDGC \ AI.A7A ~ E (~3' 0'~~U"'''L''"~E''''U r1R4 ' 7 NnIiW+S OMn' ! r. Very Low Income Househo_Id - A household with a gross, combined income not exceeding 64% of the Palm Beach County Adjusted Median Income has defined by the Florida Housing Finance Authority). 4.7 - 8 SECTION 4.7.1 s. s. Workforce Housing Unit -- A dwelling unit for which the rent or mortgage payment {including principal, interest, taxes and Insurance P.I.T.I.} does not exceed 35% of the gross income of households that classify as very low, low, or moderate income households and meets the other requirements of the FamilylWorkforce Housing Program. t. 1-951CSX Railroad Corridor Overlay District -The area located east of the CSX Railroad, west of I-95, south of the E-4 Canal, and north of the Historic Depot property, as shown in the map below. [Ama. ord. 1o-ar 3i2o~o7~ :__ ~ a ~~sF -- an?AUn 3 NOVA- ~..... l.RFNfCS r _. . lEe _._ ._. rpf N - f ~ , Lf V f}: AJ71IC ~ f ~ ... LCr:ChT.SS J >n ~ . ... Y~1'h.Yff. Sf # V F YF,SUr k0.M'U ~ ALf7U LL~N7{F } -.'M. S =J Ff~ ... ({3 y B[ l ~RF~ KC1~JC+iL / nee aas E ........ W r .... a , - ~ _. ........ _: - S ................. _. _- ii 3 i S-A .._..... q -__....... -. - ~ i 3 ~ r .~/,f.0.1 ~Rra ...~. ~. ~ _ a .._... ~_ ., _ * ... __._. _ ' ~ ~ . 6 __ .. s~iircJec-re;aJarr _ Y~Y . - _ MAA3'i 7.hdi.3. iV' t ? 1 4 ~ i ] - - nWN!A() ~ .. ' : - ....... ,~ ,,.. z : i ~ n C9 ~'Or;~f .._._ . u __. _.. ~...... i ..... (~.~. ~ P1 ~ r A(s P 'q ~~ ~ µ krhFiSEH ,a~ ~ h ~. u. Housing Trust Fund ~- The Housing Trust Fund is comprised of the City's State Housing Initiatives Partnership (SHIP) allocation and is administered by the City of Delray Beach Community Improvement Department. All monetary contributions in lieu of workforce housing units shall be deposited into the trust for the purpose of supplementing annual SHIP allocations. The interest received on any such investment shall be credited to the fund. The City shall administer the fund exclusively far the purpose of implementing programs described in the City's Local Housing Assistance Plan. ~Amd. ord. 62-os ~v~s~os~ 4.7 - 9 SECTION 4.7.2 Section 4.7.2 Applicabili#y ITxcept as otherwise provided in this ordinance, these regulations shall apply only to development applications consistent with the following conditions: a. Subject to restrictions contained in this Article, development must be located within the established Southwest Neighborhood Overlay District, the Carver Estates Overlay District, ar the Infill Workforce Housing Area to qualify for participation in the Density Bonus Program set forth in this Article 4.7. b. Subject to the restrictions of this Article, developments constructed pursuant to Section 4.3.4(,~)(4)(b) must provide workforce housing to qualify for an increase in height. Developers may also meet this requirement by providing the units ansite, providing a monetary contribution, or delivery of affsite units. A combination of these three options is permissible. For each required workforce housing unit, developers may make a payment of a sum equal to $160,000, payable to the City of Delray Beach Housing Trust Fund in lieu of providing the workforce housing unit within the development. Offsite units may be located anywhere within the City of Delray Beach. These units cannot be previously allocated as workforce housing units in another project. These units would be constructed at the time of the first vertical building permit issuance. if the project is built in phases, then the workforce units would be constructed in the same proportion and manner as the number of workforce units required for each phase. [Ama. ord. 52-08 11118108]; [Amd. Ord. 11-07 3120!07] c. Subject to the restrictions of this Article, developments cans#ructed pursuant to 4.4.13(1) must provide workforce housing to qualify for increased density. Developers may meet this requirement by providing the units onsite, providing a monetary contribution, or delivery of offsite units. A combination of these three options is permissible. For each required workforce housing unit, developers may make a payment of a sum equal to $160,000, payable to the City of Delray Beach Housing Trust Fund, in lieu of providing the workforce housing unit within the development. Offsite units may be located anywhere within the City of Delray Beach. These units cannot be previously allocated as workforce housing units in another project. These units would be constructed at the time of the first vertical building permit issuance. If the project is built in phases, then the workforce units would be constructed in the same proportion and manner as the number ofi workforce units required for each phase. [Amd. Ord. 52-©s 11118108]; [Amd. Ord. 11-07 3!20107] d. In order to qualify for a density bonus, a project must consist of at least five new or substantially rehabilitated dwelling units. The HUD definition shall be used to determine whether there has been substantial rehabilitation. In addition, the units must contain design features, such as, but not limited to, 4.7-10 SECTION 4.7.2 d. front porches, eyebrows, outriggers, gables, dormers, arbors, trellises, shutters, balconies, decorative vents, siding, textured stucco finishes, undulating facades and other such appropriate architectural features. e. The developer or responsible party must provide relocation assistance at a minimum of $2,500.00 per each household that is displaced as a result of the proposed project. In the Southwest 10th Street Overlay District, at feast twenty percent of all residential units must be workforce housing units that are affordable to very low, or low, or moderate income families. g. The Carver Estates Overlay District, the Southwest Neighborhood Overlay District, and the Infill Workforce Housing Area shall contain units that are affordable to very low, or law, or moderate income families. h. Developments which must provide workforce housing pursuant to Section 4.3.4(J){4}(b}ii(1} or Section 4.4.13{I} shall contain units that are affordable to low or moderate income families. In the I-951CSX Railroad Corridor Overlay District, at least twenty-five (25) percent of all residential units must be workforce housing units that are affordable to very low, or law, or moderate income families. [Amd. ord. 10-07 3I20I07] Section 4.7.3 Provision of Workforce Housing Units Developers will be allowed additional density or height in exchange for providing workforce housing units, subject to the limits and requirements of this chapter. Developers will be allowed additional density, beyond the base number allowed per existing Land Development Regulations after performance standards have been met, Developers will be allowed additional height under section 4.3.4(J)(4) beyond 48' after the height requirements of Section 4.3.4{J}{4)(b} have been met. [Amd. Ord. 52-08 11118108] a. Developers may earn additional density by building housing for very low, low or moderate income families within the designated boundaries of the Overlay Districts and Infill Workforce Housing Area or other appropriately zoned areas of the City described in this article. [Amd. Ord. 52-08 11118108] b. Ali development shall meet the requirements for units as specified in this chapter and meet all required Land Development Regulations. c. Workforce units shall include those units in a development, which are regulated in terms of: Sales price or rent levels; and 4.7-91 SECTION 4.7.3 c. ii. ii. Marketing and initial occupancy; and iii. Continued requirements pertaining to resale or rent increases. Section 4.7.4 DENSITY BONUS PROGRAM FOR THE SOUTHWEST NEIGHBORHOOD OVERLAY DISTRICT THE CARVER ESTATES OVERLAY DISTRICT AND THE INFILL WORKFORCE HOUSING AREA Developers of property in the Southwest Neighborhood Overlay District, the Carver Estates Overlay District and the Infill Workforce Housing Area, that meet the minimum standards will earn bonus units for building workforce housing far very low, low and moderate income families. a. The size of the bonus varies based an several factors including: Affordability (i.e., homes affordable to very low, low, or moderate income families) ii. Home Size (i.e., workforce housing units with four ar more bedrooms are awarded larger bonuses) iii. Ownership versus Rental (i.e., larger bonuses are awarded for workforce housing units offered for sale to low and very-law income families and larger bonuses are awarded for ownership versus rental units.) b. To be eligible for bonus units, developers must meet one ar more of the following criteria: A designated number of the total units are restricted to very low income households, andlor ii. A designated number of the total units are restricted to low income households, andlor iii. A designated number of the units are restricted to moderate income households c. Workforce housing units may be located off-site provided the off-site location chosen is within the City of Delray Seach. d. The bonus allowances are set forth in Table 1 below. [Amd. ord. 39-06 7125106] 4.7 -12 SECTION 4.7.4 d. TABLE 1 DENSITY BONUS ALLOCATIONS IN THE SOUTHWEST NEIGHBORHOOD OVERLAY DISTRICT, THE INFILL WORKFORCE HOUSING AREA AND THE CARVER ESTATES OVERLAY DISTRICT OPTION SALE 1 RENT NUMBER OF BONUS UNITS PER WORKFORCE UNIT PROVIDED VERY LOW 60°/a LOW 80% - 63 MODERATE 120% -81 LARGE HOME OPTION ~.+ bedroom workforce housing units 3 2 Additional 0,5 bonus will be added to the bonus provided above in this chart e. Instead of or in addition to providing workforce housing units, developers may also accrue bonus units by contributing to the City of Delray Beach Housing Trust Fund that will be utilized to subsidize workforce housing in the City of Delray Beach. Developers may earn one bonus unit for each payment of a sum equal to $fi0,000, payable to the City of Delray Beach Housing Trust Fund. [Amd. Ord. 52-08 11!18!08] Also, instead of or in addition to providing workfiorce housing units, developers shall earn bonus units by donating land (buildable lots) in the City Delray Beach to be used for workforce housing. The appraised value of donated land will be valued in accordance with subsection e. above and may be prorated. The appraisal shall be obtained by developer at developer's cost. g. The maximum total density of a development in the Southwest Neighborhood Overlay District and the Carver Estates Overlay District shall not exceed 24 units per acre. The maximum total density of a development in the Infill Workforce Housing Area shall not exceed 18 units per acre. All other Workforce Housing Area densities shall be limited to the maximum allowed in the zoning district and as set forth elsewhere in the Land Development Regulations. Sectiion 4.7.5 Densit Bonus Pro ram for the Southwest "IQth Street and I- 951CSX Railroad Corridor Overlay Districts [Amd. Ord. 1o-o~ 3l2ao~] a. Developers of property in the Southwest 10th develop the properties to afford a minimum residential units as workforce housing units. Street Overlay District shall of twenty percent of the 4.7-13 SECTION 4.7.5 a. i., The twenty percent that are developed as workforce housing units must contain units that are affordable to very low, low or moderate income families. ii. In the Southwest 10th Street Overlay District, the maximum density allowed is the maximum zoning density allowed in the zoning district. To obtain the maximum density allowed in the zoning district, not only must a minimum of twenty percent of the residential units be developed as workforce housing, but all the performance standards that allow increased density shall also be substantially met. iii. Workforce housing units may be located off~site provided the location chosen is within the City of Delray Beach. iv. All sections of Article 4.7 apply to the Southwest 1 Qth Street Overlay District, except for Sections 4.7.4, 4.7.11 and 4.7.'12. b. Developers of property in the I-951CSX Railroad Corridor Overlay District shall develop the properties to afford a minimum of twenty-five percent of the residential units as workforce housing units. [Amd. ord. to-o7 3I2oIO7] The twenty-five percent that are developed as workforce housing units must contain units that are affordable to very lnw, low or moderate income families. [Amd. ord. 10-07 3120107] ii. In the I-951CSX Railroad Corridor Overlay District, the maximum density allowed is twenty-flour (24} units per acres as a Conditional Use. To obtain a density greater than 6 units per acre, not only must a minimum of twenty-five percent of the residential units be developed as workforce housing, but the performance standards of Section 4.4.6(!}, shall also be substantially met. [Amd. ord.lo-o7 3lzoro7] iii. All sections of Article 4.7 apply to the I-951CSX Railroad Corridor Overlay District, except for Sections 4.7.4, 4.7.11 and 4.7.12. [Amd. ora. 10-07 3I20I07] Sec#ion 4.7.6 Rental Housing Units a. A covenant shall be recorded in the Public Records specifying the income level served, rent levels, reporting requirements and a!I restrictions applicable to the workforce housing units. All leases shall contain language incorporating covenants applicable to the workforce housing unit and reference recorded covenants. 4.7 -14 SECTION 4.7.fi b. b. Units targeted to very low income households under the 60% affordability level of the Palm Beach County median income, adjusted for family size, shall not have rental rates that exceed 100% of the HUD determined fair market rent for the area, c. Units targeted to low income households at 61 % to the 80% affordability level of the Palm Beach County median income, adjusted far family size shall not have rental rates that exceed 120% of the HUD determined fair market rent for the area. d. Units targeted to moderate income households at 81 % to the 120% affordability level of the Palm Beach County median income, adjusted for family size, shall not have rental rates that exceed 140% of the HUD determined fair market value rent for the area. [Amd. Ord. 52-08 11!18108] e. No workforce house units shall be offered for rent to the general public until all requirements of this section are met. f. All Restrictive Covenants shall meet the requirements of this Article and are subject to approval of the City Attorney. Section 4.7.7 For Sale Ho~sinq Units a. All deeds shall include the restrictive covenants applicable to workforce housing units. All sales contracts shall state that the unit is part of a workforce housing program and subject to Section 4.7 of the Land Development Regulations of the City. All deeds to buyers of workforce housing units shall contain restrictive covenants providing that the Community Land Trust shall have the right of first refusal to purchase the workforce housing unit on the same terms and conditions as a prospective buyer. The restrictive covenant shall give the Community Land Trust fifteen (15) business days to enter into a contract to purchase the property on the same terms and conditions as the prospective buyer. [Amd. Ord. 39-Qs 7i2sios] b. All purchasers of workforce housing units shall be very low, low or moderate income households; provided, however, in exceptional circumstances when persons in households above the moderate income level are displaced due to redevelopment or catastrophic events, the persons so affected shall also be eligible far workforce housing. Under these circumstances, the Density Bonus Allocations under Section 4.74 shall be for moderate income households. c. Owners of workforce housing units shall be required to occupy the unit unless evidence is presented indicating that the owner is unable to continuously occupy the unit due to illness or incapacity. 4.7-15 SECTCON 4.7.7 d. d. Closing costs and title insurance shall be paid pursuant to the custom and practice in Palm Beach County at the time of opening of escrow. No charges or fees shat! be imposed by the seller on the purchaser of a workforce housing unit which are in addition to or more than charges imposed upon purchasers of market rate units, except for administrative fees charged by the City1CRA, or their designee. e. Sales prices far workforce housing units will be calculated on the basis of: i. The sales price of a new structure for low and very low households may not exceed the maximum price established by the Community Improvement Department under the approved Local Housing Assistance Plan (CHAP). For moderate income households, the maximum price shall be established by the Community Improvement Department based on a formula that considers the prevailing mortgage interest rates, as approved by the City Commission by resolution. No workforce housing units shall be offered for sale to the general public until all requirements of this chapter are met. g. All Restrictive Covenants shall meet the requirements of this Article and are subject to approval of the City Attorney. Section 4.7.8 Resale and Subsequent Rentals of Affordable Units To maintain the availability of workforce housing units which may be constructed pursuant to the requirements of this program, the following resale conditions shall be imposed on the workforce housing units and included in the deed or restrictive covenant and recorded in the Public Records of Palm Beach County: a. All workforce housing units shall remain affordable for a period of no less than forty {40} years commencing from the date of initial occupancy of the unit, subject to the limits set forth in this section and Sectian x.7.9. b. All workforce housing units must be rented or sold to eligible households. There shall be no provisions for releases from the sale or rental of workforce units to eligible households. Workforce housing units may be resold to non-eligible households only when the restriction expires. c. Deed restrictions or restrictive covenants andlor bylaws designed to ensure continued affordability shall be embodied in legally binding agreements meeting the requirements of this Article, which shall be approved by the City Attorney prior to recording. 4.7 -16 SECTION 4.1.8 d. d. Workforce housing unit resales shall be limited to households of the same category relative to income. e. The sales price of workforce housing units may not exceed the upper limit of affordability for the income category to which the unit was originally assigned. f. Transfers of title under the fallowing circumstances shall be allowed, and are not subject to the restrictions included in this program: i. Transfers upon death of owner. (Amd. Ord. 25-08 61'1X08] g. No resales of workforce housing units shall be completed until the requirements of this chapter are met. Section 4.7.9 General Provisions a. If not located offsite, all workforce housing units constructed or rehabilitated under this program shall be situated within the development so as not to be in less desirable locations than market-rate units in the development and shall, on average, be no less accessible to public amenities, such as open space, as the market-rate units. b. Workforce housing units, if located within a market rate unit development or located offsite, shall be integrated with the rest of the development and shall be compatible in exterior design, appearance, construction, and quality of materials and contain comparable HVAC systems and appliances with market rate units and provide them as standard features. All workforce housing units shall contain comparable square footage to the corresponding market-rate unit. c. The developer shall endeavor to provide workforce housing units that include unit types in the same proportion as the market rate housing unit types. The following conditions must be met: The proportion of 1 bedroom workforce units to total workforce units may not exceed the proportion of 1 bedroom market rate units to total market rate units. [Added by Amd. ord. 2-07 2~20~0~] ii. The proportion of 2 bedroom workforce units to total workforce units may not exceed the proportion of 2 bedroom market rate units to total market rate units. iii. The proportion of 3 bedroom workforce units to total workforce units must meet or exceed the proportion of 3 bedroom market rate units to total market rate units, unless 4+ bedroom workforce units are provided. 4.7 -17 SECTION 4.7.9 c. iv. iv. The proportion of 4-~ bedroom workforce units to total workforce units must meet or exceed the proportion of 4+ bedroom market rate units to total market rate units. v. If the development contains a mix of different types of units, (e.g. condominium, townhouse, detached, etc), the proportion of workforce units of each type to total workforce units must be approximately the same as the proportion of market rate units of each type to total market rate units. vi. If the development includes both for sale and far rent units, the proportion of for rent workforce units to for sale workforce units must not exceed the proportion of for rent market rate units to for sale market rate units; provided however if the workforce housing units are funded under Florida Housing Finance Corporation's Housing Credit ar SAIL Programs, the proportionality requirement herein stated shall not apply if the development provides at least twenty percent (20%) of the "for sale" units as workforce housing units. [Amd. ord. 3s-os 7l25los~ vii. Notwithstanding Section 4.7.9 c. i., ii., iii., iv. and v. above, in the Southwest 10th Street Overlay District at least 75% of the workforce housing units shall be 3 bedroom units offered for initial sale in an amount not to exceed $225,000.00 and 25% of the workforce housing units may be 2 bedroom units offered at the low income affordability rate. [Amd.Ord.2-07 2120!07] d. The construction schedule for workforce housing units shall be consistent with or precede the construction of market rate units. e. There shall be no lot premiums charged on the workforce housing units. A!I fractional bonus densities shall be rounded down. g. The City of Delray Beach, its successors and assigns may enforce the covenants. No amendments to the covenants shall be made unless by written instrument approved by the City. h. No efficiency or studio type units shall be allowed under the familylworkforce housing program. [Amd. Ord. 2-07 2!20!07] The total number of one bedroom units in any qualifying project shall not exceed 30% of the total number of units in the project, including both familylworkforce units and market rate units. [Added by Amd. ord. 2-07 2120!07] 4,7-18 SECTION 4.7.9 j. Workforce Housing Units constructed according to this policy shall be protected for subsequent resale or rental to Workforce Households whose income does not exceed the applicable AMI by deed restrictions ar by other equivalent and effective methods. Conversions of rental units to owner occupied units or vice versa shall require the subsequent rental or sale to be for the same workfiorce housing income category. k. Workforce Housing Units constructed according to this policy shall only be rented or sold as a primary residence. A deed restriction on a farm acceptable to the City Attorney shall be recorded in the Public Records of Palm Beach County. in addition to other restrictions therein contained, said deed restriction shall prohibit any subletting or assignment of the respective Workforce Housing Unit to a tenant(s) or purchasers} whose income exceeds the percent of the AMI under which the unit is originally approved. For the purpose of this section, household income is determined by the cumulative income of all tenants or purchasers under one roof. In addition, said deed restriction shall limit the maximum permitted resale price to the initial sale price ofi the Workforce Housing Units, increased at the same rate as the Palm Beach County median income has increased from the initial date of purchase. Prior to the closing on any sale, resale or prior to any rental of any workforce housing unit, the City shall be notified ofi the sale, resale or rental. m. Far both sale and rents! of Workforce Housing Units, affordability and occupancy restrictions shall remain in effect for X10 years and shall apply to any replacement structure or structures constructed if a structure containing a Workforce Housing Unit or Units is demolished or destroyed, provided that if demolition ar destruction of a structure containing Workforce Housing Units occurs 35 years after recording of the restrictions and said demolition or destruction was unintentional, restrictions on the units in the structure shall terminate on demolition or destruction. n. Nothing requires a workforce household to vacate a rental workforce housing unit or self a workforce housing unit if the tenants} or purchaser (s} income later exceeds AMI. Section 4.7.10 Review and Approval Process a. Final, Approval Conditions: Final conditions of approval shall specify that the restricted units are priced andlor rented at workforce housing levels and shall state that those units shall be rented andlor sold to the eligible income group in accordance with this article. The conditions will also specify the requirements for reporting to the City's Community improvement Department on buyer eligibility, housing prices, as well as any applicable requirement to record a covenant or to enforce resale restrictions. 4,7 -19 SECTION 4,7.'11 Section 4.7.11 Density Bonus Tables [Amd. Ord. 39-06 7125106] a. The Density Bonus Tables shown below are provided to illustrate bonus densities under various parcel sizes, unit types and income eligibility; however, the density bonus allocations contained in Table 1 shall control densities in the Southwest Neighborhood Overlay District, the lnfill Workforce Housing Area, and the Carver Estates Overlay District. Workforce Housing Program Density Bonus Allocations Southwest Neighborhood & Carver Estates Overlay Districts 2 - 3 Bedroom Units Very-Low Income 4 units er 1 affordable bonus Parcel Size acres Maximum Units at Base Densit Maximum Units Market with Bonus Rate Units Affordable Units Bonus Units Total Units Affordable 0.5 6 12 5 1 4 10 10.0°/a 1 12 24 9 3 12 24 12.5°/a 1.5 18 36 14 4 16 34 11.8% 2 24 48 18 6 24 48 12.5°/a 2.5 30 60 23 7 28 58 12.1 3 36 72 27 9 36 72 12.5% 3.5 42 84 32 10 40 $2 12.2% 4 48 96 36 12 48 96 12.5% Low Income 3 units er 1 affordable bonus Parse{ Size acres Maximum Units at Base Densit Maximum Units Market with Bonus Rate Units Affordable Units Bonus Units Total Units Affordable 0.5 6 12 4 2 6 12 16.7% 1 12 24 8 4 12 24 16.7% 1.5 18 36 12 6 18 36 16.7% 2 24 48 16 8 24 48 16.7% 2.5 30 60 20 10 30 60 16,7% 3 36 72 24 12 36 72 16.7% 3.5 42 84 28 14 42 84 16.7°/a 4 48 96 32 16 4$ 96 16.7% Moderate Income 2 units er 1 affordable bonus Parcel Size acres Maximum Units at Base Densit Maximum Units Market with Bonus Rate Units Affordable Units Bonus Units Tata! Units Affordable 0.5 6 12 3 3 6 12 25.0 °/a 1 12 24 6 6 12 24 25.0°/a 1.5 18 36 9 9 18 36 25.0% 2 24 48 12 12 24 48 25.0% 2.5 30 60 15 15 30 60 25.0% 3 36 72 18 1$ 36 72 25.0% 3.5 42 84 21 21 42 84 25.0% 4 48 96 24 24 48 96 25.0% 4.7 - 20 SECTION 4.7.'1'1 a. Workforce Housing Program Density Bonus Allocations Southwest Neighborhood & Carver Estates Qverlay Districts 4+ Bedroom Units Very-Low Income 4.5 units er 1 affordable bonus Parcel Size acres Maximum Units at Base ©ensi Maximum Units Market with Bonus Rate Units Affordable Units Bonus Units Total Units Affordable 0.5 6 12 5 1 4 10 10,0% 1 12 24 10 2 9 21 9.5% 1.5 18 36 14 4 18 36 11.1 2 24 48 19 5 22 46 10.9% 2.5 30 60 24 $ 27 57 10.5% 3 36 72 28 8 36 72 11.1 3.5 42 84 33 9 40 82 11.0% 4 48 96 3$ 10 45 93 10.8% 3.5 units Low Income er 1 affordable bonus Parce! Size acres Maximum Units at Base Densi Maximum Uni with Bonus ts Market Rate Units Affordable Units Bonus Units Total Units % Affordable 0.5 6 12 5 1 3 9 11.1% 1 12 24 9 3 10 22 13.6% 1.5 1$ 3B 13 5 17 35 14,3% 2 24 48 17 7 24 48 14.6% 2.5 30 60 22 8 28 58 13.8% 3 36 72 26 10 35 71 14.1 3.5 42 $4 30 12 42 84 14.3% 4 48 96 35 13 45 93 14.0% Moderate Income 2.5 units er 1 affordable bonus Parcel Size acres Maximum Units at Base ©ensit Maximum Units Market with Bonus Rate Units Affordable Units Bonus Units Total Units Affordable 0.5 6 12 4 2 5 11 18.2% 1 12 24 7 5 12 24 20.8% 1.5 18 36 11 7 17 35 20.0% 2 24 4$ 15 9 22 46 19.6% 2.5 30 60 18 12 30 60 20.0% i 3 36 72 22 14 35 71 19.7% 3.5 42 $4 25 17 42 84 20.2% 4 48 96 29 19 47 95 20.0% 4.7 - 27 SECTION 4.7,11 a. Workforce Housing Program Density Bonus Alloca#ions Infill Workforce Housing Area 2 - 3 Bedroom Unifs Very-Low Income 4 units er 1 affordable bonus Parcel Size acres Maximum Units at Base Densi Maximum Uni#s Market with Bonus Rate Units Affordable Units Bonus Units Total Units Affordable 0.5 6 9 4 1 4 9 11.1% 1 12 18 11 1 4 16 6.3% 1.5 18 27 16 2 $ 26 7.7°1° 2 24 36 21 3 12 36 8.3% 2.5 30 45 27 3 12 42 7.1 3 36 54 32 4 16 52 7.7% 3.5 42 63 37 5 20 62 8.1 4 48 72 42 6 24 72 8.3% Low Income 3 units er 1 affordable bonus Parcel Size acres Maximum Units at Base Densit Maximum Units Market with Bonus Rate Units Affordable Units Bonus Units Total Units Affordable 0.5 6 $ 5 1 3 9 11,1% 1 12 18 10 2 6 18 11.1% 1.5 18 27 15 3 9 27 11.1 2 24 36 20 4 12 36 11.1 % 2.5 30 45 25 5 15 45 11.1 °10 3 36 54 30 6 18 54 11,1 % 3.5 42 63 35 7 21 63 11.1% 4 48 72 40 8 24 72 11.1% Moderate Income 2 units er 1 affordable bonus Parcel Size acres Maximum Units at Base Densi Maximum Units Market with Bonus Rate Units Affordable Units Bonus Units Total Units Affordable 6.5 6 9 5 1 2 8 12.5% 1 12 18 9 3 6 18 16.7% 1.5 18 27 14 4 8 26 15.4% 2 24 36 18 6 12 36 16.7% 2.5 30 45 23 7 14 44 15.9% 3 36 54 27 9 18 54 16.7% 3.5 42 63 32 1t] 20 62 16,1% 4 48 72 36 12 24 72 16.7% 4.7 - 22 SECTION 4.7,11 a. Workforce Housing Program Density Bonus Allocations 1nfi11 Workforce Housing Area 4~ Bedroom Units Very-L.ow Income 4.5 units er 1 affordable bonus Parcel Size acres Maximum Units at Base Densi Maximum Units Market with Bonus Rate Units Affordable Units Bonus Units To#al Units Affordable 0.5 6 9 4 1 4 9 11.1% 1 12 18 11 1 4 16 6.3% 1.5 18 27 16 2 9 27 7.4% 2 24 36 22 2 9 33 6.1% 2.5 30 45 27 3 13 43 7.0% 3 36 54 32 4 18 54 7.4% 3.5 42 63 38 4 18 60 6.7% 4 4$ 72 43 5 22 70 7.1 3.5 units LOW Income er 1 affordable bonus Farce! Size acres Maximum Uni#s at Base Densit Maximum Units Market with Bonus Rate Units Affordable Units Bonus Units Total Units Affordable 0.5 6 9 5 1 3 9 11.1% 1 12 18 11 1 3 15 6.7% 1.5 1$ 27 16 2 7 25 8.0% 2 24 36 21 3 10 34 8.8% 2.5 30 45 26 4 14 44 9.1 3 36 54 31 5 17 53 9.4% 3.5 42 83 36 6 21 63 9.5% 4 4$ 72 41 7 24 72 9.7% Moderate Income 2.5 units er 1 affordable bonus Parcel Size acres Maximum Units at Base Densit Maximum Uni#s Market with Bonus Rate Units Affordable Units Bonus Units Total Units Affordable 0.5 6 9 5 1 2 8 12.5% 1 12 18 10 2 5 17 11.8% 1.5 1$ 27 15 3 7 25 120% 2 24 36 19 5 12 36 13.9% 2.5 30 45 24 6 15 45 13.3% 3 36 54 29 7 17 53 13.2% 3.5 42 63 34 8 20 62 12.9% 4 48 72 39 9 22 7Q 12.9°/a 4.7 - 23 SECTION 4.7.12 Section 4.7.12 Other tncentirres a. In order to address a shortage of workforce housing units, incentives have been added to induce the construction of workforce housing units in the City. In addition to the other incentives contained within this article, lots of record that have at least 40 feet of frontage may be used for Workforce Housing, as long as the workforce housing unit meets the typical designs represented by the sketches set forth below and the additional requirements of 4.1.4{D) as well as other appiicable code provisions are met. 4.7 - 24 SECTION 4.7.12 a. "' ~ ~r fi x.. a~' ~~ ~' 3©°- i3lPIINCa TCI-3EN 9° X ,R° tvf. si~x ~--3°~~ R~ '° ~ ~ LIVING MASTtrR tr' x ia° BEIpRt7t3NI ~ x~ EMTgY ponces . ti~ 4 ~~~Yyti -~• wk ~ S~ dy 91@#~"F pp °I A• r4 ,. r+ MAIN FI.ddR Uppar 1°ipoc 563 sq. f[. ~ Bedrooms .~.~_..,r. :..~-~._.~ '~ ~ ~~ ~ ivlain ~laor SQL sq. fr. Footprint 2 [3athroozns y ~;~; r ~ 'I'otai Living Area 1,4.QS sg. i't. 3U'-0" x ~fi'-4" i3a~crmeint, ~~-~- ' ' Basement $4U sq. ft. ~rntslsgoer or t~=~~~ Siab Fpundatinn _... _ ~ ,~__~ :a'__ t..,.t._~~; 4.7 - 25 UI'Plv~i i~I,dC7R SECTION 4.7.12 a. ~~ 1 ~Q-i r tt-6 g~{ fr ST-I ~ N-0 ~~ 17•{ a q-0 M x i f~ liYBHi u•o, e•n dFli BEDFiUOM o-v, w-a PdF~`N it4AiN fF'LQC)R UppeC door 4$0 sq. fi. ;Y~l~ ~Q h~uia F7var 1,238 sq: C~ p'rratprir-t " ' 3 Bbthrnams -~- -. 'w..=~ - ., .~ _. : -- ~ TaEat Living Area 1,718sq, k't. 3t1'-4 x 47 -tl" Crawlspace , y-~ .~~-,--- ~~~i Fr~undatlon i~..~.4., ~-- ~ - X4.7 - 26 Ui"p'ER FLOt)R SECTION 4.7.12 a. F)ININGftU1 N 19'-cc7siQ3 t CR.E/17i20C3M ]4S~A5-T rav+xr~ ~. P{)RCN 20YPxg(T IPO' :SQ W, ~ MAIN GLQOit Bann 2 13-IIk17-i' a+raa S[FiING 13'.!i'xT3~1' 9'A'CJtF BEDRNI 3 16-~aa i €J' UPPCR Fl.pt)R EJpper Fir~or fr98 sq. ft 3 Bedrooms 1 ~~ ~ 2l4 i'3athra©mus f ' Mein Floor 1.080 sq. ft ' )(`ontprint ' Ci'nwlspus:e, Slab , ..r ., ; °. _- Total Living Area 1,778 sq, t t. 30'-{l" x b2 -t;" Of )~aSCr7lCri[ ~~ , ~ Basement 1,080 sq. ft. , 4.7 - 27 ~-- ~.a ~ SECTION 4.7.12 a. ---_-___ ~ ~ u I ~. ~>±vaoan~ i f 12'-S•x 10~@' I II f --~ ~FF 3 ~ N~44. E[~ F F B~D~M #2 BEf1RM #3 t7'xIa e~x~d If I I II c~,>zr'oR~ II 18`-8' x id-b' Il II If II i ,W....W.........~ m s= DENENG ° LIY€NG E2'-tl" x t8'•9' P©IZCH P-A• x 16'NF" I~ I ----J ' ~~ ~ ::m,A. ~ ~ r ~~~ 1~~~ g~~ ~~. f~, ~~~t~i<~11t ~A~ ~ ~. i Iia[hronm 'Fetal Lit~eng Area 9'~~ sq. ft. 31?'-4" x 4&'_U'° 51ab Faundation =;~~~~,-~;: -~~~•~`= 'i ~i•;~^ ~ I ~S_._sr__! ...L,. 4,7 - 28 SECTION 4.7.12 a. a~ans,~ etroeoor. sts ~-. ~ .~ ? „ ~ r ~ - Y ~~ '_" ^-~ M ~ ~~ uva~ c J ~T~ } r,y* aoecn ~1PPl~R FL4C1R MA.TI+1 FLt?OR Upper Fkoor 66I sq. fti F Z $!edtnatus ~ ¢ I °, AAain Haar 706 sq, ft. pplprini 2Fh ~gthroams , F 'Total LfE~ng Area ].,387 sq. Pl. ~$~'p'~ x 7&'_a" Gruwlspaee or , 'Er==~ -.,=. SEab k'auadatian 'I ; ~~' € ~ L_1__L. 4.7 - 29 SECT[ON 4.7.12 a. X07 r.__.~ ~BROOM,C"L BATH BEGROOtrE 118 ~ ' f roans O a:r rm"ur•r J O ~ u+nH~ RpOFA f ~..~.d.r ___ E ~ Po~cs~ k I ; r.~aa F 1~ - .. ~~ ~ BCE~TfDQ nL9 i!'~~~' '~1 ,~° 11 ' ~ ~ Main ]~1oor 1,?34 sq. ft. 'vr~fprtnt . ~~ ~ ':~~~ ,' - ... TOt9t L7Ytng 1k.k'C8 1,234 sq. f#, 3fl'-0" x 54'-U" 2.Bafhro©ms b Faundatt St ~~;~. ~..'.r ~ ~i ' a on ;# E i~3~ _~?-i 4.7 - 30 SECTION 4.7.12 a. ~~,~ ...,,; .~ l~tl ~ g ~ 7 P ba11(i " ~ ~x' ~ ~?iG a :,i~ .~ ,~ TWIp{ h4AI~i FLL)C3R U ar 1='Itror 6Si s fi ~ Sedmoms { { ~ ~p q. . ~'votprint E 1 k $aiht'vanss '' > Main Flnoe 7115 sq, ft, ?8'-l!" x 7G'-It!" Cruw•E~pacc ar _ ~ 'ry---~ Tota! [..ring t#rc:a 1 387 sq. Ft. flab Foundation ,. ~~ ~ ~ ; , ~w` i~li _~_w., 4.7 - 31 UI'PE~ FL€lOR Exhibit "E"' www.bocanews.com • Boca Raton/Delray Beach News -Thursday, January 8, 2009 3A CITY OF i~ELRAY BEACIa . PUBLIC MEETING NOTICI COMMUNITY DEVIL4Ptl~i~NT BLOCK GRANT ~CI)BG] Analysis of [mpediments to Fair Harasing Choice (AI} The t7epadment of Comawnity imprnvement, Neighbnrhocd Services €7tviston, invilas all interested citizens, ager€cies, organ2atinns, and homeowner's assoria6ans fo attend a scheduled public meeting to obtain community views and input prior 1o adoption at the 2007-2010Anatysis of Impediments to Fafr Housing Gholez (AIJ. Monday, January 12,"2009 Neighborhood kdvtsory Council Meettng Envirnnmenfaf Services Board Room, 3;30 PM At.Presentatlon, 6:00 PM This meeting is conrtucled in cnmpiiance with fednral regulalinns govertting the not"~fcalinn process. Community tnpui wiU be requested as in the Implementation of an analysts to fair hnussng choieo under the Community Development Block Grant Programs (5576,634}. All applica6ln input received from thn public will be rnvievrnd wind considered during the development of €his Plan. If you have any questions regarding this process or the CDBG Program, please contact ~ilzabeih Alpert, AdminEstralor, Neighborhood Servicos Division at{561] 243-7280. Pabiish: Thursday, Janaary 8, 2009 Baca RatonlDelray Basch News MEMORANDUM TO: Mayor and City Commissioners FROM: Richard C. Hasko, P.E., Environmental Services Director THROUGH: David T. Harden, City Manager DATE: January 15, 2009 SUBJECT: AGENDA ITEM 8.K. -REGULAR COMMISSION MEETING OF .TANUARY 20, 2009 TEMPORARY PARKING USE TERMINATION/PINEAPPLE GROVE, LTD. ITEM BEFORE COMMISSION Staff requests Commission approval to notify Pineapple Grove, LTD., owners of the vacant property on the north side of NE 1st Street between NE 1st Ave. and NE 2nd Ave., that the City has vacated the property and will no longer use it for temporary parking. BACKGROUND In December of 2006, the City entered into a license agreement with Pineapple Grove, LTD. for use of vacant parcels of land on the north side of NE 1st Street between NE 1st Avenue and NE 2nd Avenue for use as a temporary parking lot. The agreement was negotiated to provide temporary parking facilities for the downtown business district during the construction of the Old School Square Garage, immediately south of the vacant parcel on NE 1st Street. The City installed bollards and barricading to delineate parking banks and traffic aisles, as well as lighting to provide security for night use of the lot. Access points were opened in the existing fencing of the parcel on NE 1st street, NE 1st Avenue and the north-south alley bisecting the parcel. The license agreement required the City to remove all installed improvements and restore perimeter fencing and screening at such time as the parcel would cease to be used by the City. Since the Old School Square Garage has been operational for over a year, providing in excess of 500 parking spaces in the downtown business district, there is no further need for maintaining the temporary lot across the street, particularly since it tends to compete with the garage for parking use. At this time, all improvements installed by the City have been removed and the perimeter fencing and screening has been restored. The attached letter has been prepared to provide official notice to Pineapple Grove, LTD that the city will no longer use the property. RECOMMENDATION Staff recommends Commission authorize sending the attached notice to Pineapple Grove, LTD. DELRAYB~ACH ~ 3a31~ °, a .~' sa ~ r: is All-AmerQea City 3anuary 15, 2009 0 Pineapple Grove, LTD. 1993 clo Mr. Louis Carbone 2001 90 S.E. 4~' Avenue Delray Beach, FL 33483 TLS=t :~~u'~~' i°. ~- 1 3`;~ ~'~, -. _. _ rr ~~'-. J ~ .~ .. . ~ ~ .. Subject: Termination of temporary parking use 105-115 NE 1St Street vacant property Dear Mr. Carbone: Please accept this letter as formal notice that the City has vacated the property at 105 - 115 NE 1St Street and will no longer use said property for temporary parking purposes. In accordance with the agreement between the City and Pineapple Grave, LTD. dated December 21, 2006 (copy attached}, authorizing the City's use of the described property, we have removed all equipment and temporary improvements from the property, and have restored the perimeter fencing and screening to it's prior condition. Thank you far your cooperation with the City in its efforts to provide adequate temporary parking facilities in the downtown business district during the construction of the Old School Square Parking Garage. Sincerely, Richard C. Hasko, P.E. Environmental Services Director Cc: David T. Harden, City Manager Robert Barcinski, Assistant City Manager Susan Ruby, City Attorney Scott Aronson, Parking Management Specialist s ~inYs~7 n~~ Recycled ,"oc--~ u",~Y AGREEMENT THIS AGREEMENT entered into this ~_ day afl,aa.~ , 20d~ by aztd between the CITY OF DELRAY BEACA, a Florida municipal corporation, (hereinafter referred to as "City") and PIlYEAPPLE GROVE, LTD. (hereinafter referred to as "owner"), provides as follows: WHEREAS, the Owner owns vacant property located at 145-115 N.E. 1 ~` Street that it will allow ~e City to use for public parking for a limited period of nixie. 1Y0~'E', THEREFORE, in consideration of the mutual covenants and undertakings set forth herein and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties hereby agree as follows: The above-stated recitals are incorporated as if fully set forth herein. 2. Owner shall grant to the City the license to use the Property in its "as is" condition fox a vehicle parking site for vehicle parking commencing immediately and extending until March 3l, 2fl©? (the "License Period'). Thereafter, the City may be allowed to use the Property until it receives notification frcsm the Owner to vacate the Property and the City shall vacate the property within ten (1©) days of receiving such notification. The area of the Property covered by this license is set forth on the Survey annexed hereto. ~. The City shall be permitted at its sole cast and expense to make any necessary improvements and temporary installations to use the Property for vehicle parking site. Any temporary installations or improvements shall be removed at the end of the license period including any surfacing that inhibit or otherwise will result in additional cost to remove to the Owner if such removal is necessary or required to construct intended improvements to the Property by Owner in accordance with the approved Site Plan for the Property. 4. The City acknowledges that if Owner requires use of the Property for engineering or geotechnical testing or studies during the Licetase Period, the use of the Property (or any portion thereof for vehicle parking) may be temporarily interrupted in order to accommodate such tests or testing. 5. The Owner shall be permitted to provide any signage required by it on the Site tir on the )~encing surrounding the Site as long as it is in eonfomraai.ce with the City's Land Development Regulations. The City acknowledges that such signage may reduce the number of available parking spaces. 6. The City shall be responsible to obtain and maintain any and all insurance and permits necessary far use of the Property as a parking site far itself and others and shall keep the property free of any violations during its use. 7. During the license period the City shall be responsible to maintain the Property, the surrounding fencing, adjacent sidewalks and alley and keep it free of debris. Such maintenance may include grass cutting. The City shall provide and maintain any required lightvng and safety barriers to use the Property- - y . 8. The City agrees to indemnify, defend and hold harmless Owner its partners, agents and affiliates from any and all injuries, claims, judgments, damages, losses to person yr property, including, without limitation any and all liens(including claims of Liensj, claims, actions, causes of action, demands, rights, darnages, posts, loss of service, expenses, attorneys' fees and compensation ar claims thereto whatsoever arising from the use of the Property under this license or far any unauthorized use up to the amount of $1,400,040,00 per occurrence. The City will name Pineapple Grove, Ltd. as an additional insured with respect to general liability. 9. The City or other third parties utilizing the property through the City shalt further indemnify Owner from any environmental damage or injury to the Property, including but not limited to the release of fuel or other hazardous substances] resulting or arising from any improvements, installations, maintenance or use of the Property under this License and shall be responsible for all clean- up necessary to restore the Property. 10. Any third party which will operate an the Property, through the City, under this license or with the consent of the City shall provide and maintain adequate property and Iiability policies of insurance {at least one million in comprehensive general liability] naming Pineapple Grove Ltd as "additional insured" thereunder. Adequate Proof of such insurance coverage must be provided prior to use of the Property. Failure to maintain any of the foregoing insurance shall cause #his Iicense to terminate. 11. Any claims, lawsuits ar disputes that may arise under this Agreement shall be governed by the Laws of Florida, with venue in Palm Beach County, Florida. 12. This Agreement constitutes the entire agreement and understanding of the parties. There are no representations or understandings of any kind not set forth herein. Any amendments to this Agreement must be in writing and executed by bath parties. IN WITNESS WHEREOF, the parties hereto have entered into this Agreement as of the day and year first above written, A EST: CITY O DE ACH By: ~. ~~ By: City Clerk ,1l/layor Approved as to Form: >~~: ~^,~ ~,~.City Attorney VVTTNESSES: ~} PiN P O ,LTD. By: _ -~ (Name Yrtnted ar "hyped) ~- . -, STATE OF ~/f~ ~f Ia COUNTY £3F e (name of officer or agent, title of officer or agent), of PINEAPPLE ~R~YE, ., a state or place of incarparation) corporation, on behalf of the corporation. He/She is ersonaiiy known to me or uced (type of identification as a en .cation. Signatzrre of Notary Pu lic The fareg©in instrument was acknowledged before me this ~ ~ day of 2006, by ~{b,,~ ,tom ~~ bcrxcQ.... , as GZ, Q ~ ~L~~ ~v"' "c~ luotary Pudic Stele of E~srida 1~3n~lee PEr22 '~~ ~ ~'~ ray Commission AD4$963T a ~ Expires 141231201)9 MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: January 16, 2009 SUBJECT: AGENDA ITEM 8.L. -REGULAR COMMISSION MEETING OF .TANUARY 20, 2009 VEHICLE DONATION TO COMMUNITY NEIGHBORHOOD HELPING, INC. ITEM BEFORE COMMISSION The item before Commission is consideration of a donation of two used City vehicles to Community Neighborhood Helping, Inc. BACKGROUND The City received a letter from Edith Thompson, Executive Director of Community Neighborhood Helping Inc., inquiring as to whether the City is able to donate vehicles to local 501(c)3 organizations. They have a need for additional transportation to carry food and transport senior volunteers. In a follow-up email to the City, she indicated that they could use two vehicles. The City has two surplus Crown Victoria's (former Police vehicle #'s 1336 and 1339) that can be donated to Community Neighborhood Helping, Inc. if the Commission approves. RECOMMENDATION Staff recommends approval for a donation of two surplus Crown Victoria's, vehicle #'s 1336 and 1339, to Community Neighborhood Helping, Inc. ~?~~e ~ ~ ber 3~i.> 20Q$ Mr. David M~ard~rt, ~i~fy 1Vlat~age~ C~i~t~ l~e'I~a~l Bead p ~~p N11V Est Avenue Delray Beach, f:l 334~~~ ate: L7e,r~ ` ;~e~c~ ~leh~cle ~uc~i pear Mir, i=la~d~:r~+ ~ write this brief r~Ofe req~ue~ti~g in~orr~ation re~a~~alirt~~~ the qty c~"`~?~ma~ beach veta~cl'e ~~~ttion 1 Also, I wouik~ Like fo. krtow~ i~ the ~~ity of Delray Bea~~t~ r•~i,!'~s~!prt~~flcts~' perrrtits the pity fc~ donate vehicles to IacaC 5.0.1 C 3's_ ilf b,y tote grace 4f' ~~d 'f~t~ r~ries perrr~it donatio~n~ f~ loc~i~ ~,0'l C 3`s piease eonsid'er Co~rtmunify iV~eic~hborhood~ }~e~lp~t~g Irrc. as a recipi. Corrt~~u~ty NeighborYao©d He6`~in9 Inc. is in de~perat~ need of ~ Vehicle tkiat had #~t capacity to car•~r faot~ and trar~6po+~ fhe senior volunteers. We have limited f~dng_, however, wif~h arrtple warnings we car~i~rnr~ster the vigor to chef pub and fut~drafsr ~, yogi i~aue ~t~y ~~uesor~s ~~e~s~ contact me a 56~~-~55-2668 or e waif edithmtorsisof~i~~aol. conc. UVe appriecia~te your ca~lsicferatie~t ~~ , , a wily have ~ ~ess~c~ ~1~.ristmas and Na.p~ay iVew'Year ~e5_~el~flyr ~t#~ith `nc~~m.~san ~~uncler / ~x~e...D Enc1~ ~'~l Friday, .~arwa[y '16, 20f1~3 ~ :58 Sr~if#t, 'Doug#~s ~-#1,~t= FVY: Cetf~r T®, ~i~1t Q~ gn~l tl~~~~r~e From.: I'hornp_son, F:'c~t"h ~ - Boy~rrtorr ?3each, ~~ ~. Suit: Tu~scia~T, ;.f~~riu~~~~~ 0"6, 2~~1~s x:;2'5 FM 7'a _ fed Ccter•, ~av.ic~ tlb~~et : L{F:: i.,ettez '~~ fl'~~dF'Ii Nfr. Har~;~n, 1? #o~~c sed~r~~, a cr<?w:; ~.?3:c~aria p;~kup L~=.ie~~ any frould ~e s~:t_a~b~P ~`~r~ °tt7~ ~n:iEzai~ior`~~,. ~7e ~r~, r~o;~i t-r<;~i~porti.~g ~,a~'° 5?~~0~ ~~an. e.'t~~', ;r~r~ 4~a~i.~r~ 'br a~~rs~ec~i.~~cd~ ~~ thr~Xe~s a 'pnss~ib~lii:y ~~or any fro ve?i~c.~es_ ~e °~:harrk ycr*.~, ad~~rarrcc~~ 4q;~u:tur,~ ~y I~2~~ ak;~~rh~c~'~- H'e~p'i_r~g, Xr1c. Edith `1'}ic]tn~s~ri L.xee;~-- f1~.~,_ ~3J~~ ~'rorrt, ~-[3rderi i~av~! (mc~if-~yfZarden~.rl~t~e~7°r~y~~~~~ch~fi~. Sent : ~tic~ 1;6_f 20(?~ l0a ~0 I~A4 _ Toa ~v~np5err, ~diLfi f~I ~ ~rryrr~-:~n -- n Suk,~~ect~' i?~: _,ette~ 3'v Harden ~'he C'i~y c;c~*~ras;~.or~;lv3s ir., tie ~asiq ~o~e~i~nes 3p~~,r~ved dorza~ic~n :ofi u.~eds veY~icle:~ ~o norm - x pra;f:it.>. Urrfc~rtunal°ely wr, ~ici 7~or h~iv~ ~n~+ runs .~r :~ST'~F's, ~,n o~tr ~ehiclca~ ~"'~ k~e .r.'~,~pose~' t5f`, 'lhc-: b~s'~ we caul ci offer ~.~dt~ld be ~ ~~ur d~o~ Sedan, suCl~ ~s a ~_or~_ Ta~~us ~r ~~QS~r~. V.irt.Qr~a, rr7nu:id.: e'i~hnr~ mf ~i~sF rye su~~~'r:~I.e% ~5af? scanrzc.d 't~zs ercrai_~ fc~r tna- s ~orrterit +*~ t~~C7Ft7'~;N';': Dt5 r`ic~~ .;per, au~~chments ~~om~ t~ra.~ecoc-r,a_7c~c~, 3errde~r~ - MEMORANDUM TO: Mayor and City Commissioners FROM: R. Brian Shutt, Assistant City Attorney THROUGH: Susan Ruby, City Attorney DATE: January 14, 2009 SUBJECT: AGENDA ITEM 8.M. -REGULAR COMMISSION MEETING OF .TANUARY 20, 2009 ACCEPTANCE OF RIGHT-OF-WAY DEDICATION/S.W. 7TH AVENUE ITEM BEFORE COMMISSION The attached right-of-way deed provides for dedication of right-of-way along the east side of S.W. 7d' Avenue. BACKGROUND The City requested the dedication of certain right-of-way in order to be able to complete the construction of S.W. 7d' Avenue between S.W. 3rd Street and S.W. 4d' Street. The existing right-of-way is only 25 feet in width. The owner of the property has agreed to dedicate 25 feet to the City, plus an additional 15 feet at the south end for a hammerhead turn around, in exchange for the City initiating the re-platting of her property on S.W. 7d' Avenue and S.W. 6d' Avenue. RECOMMENDATION Staff recommends approval. Prepared by: RETURN: R. Brian Shutt, Esq. City Attorney's Office 2U0 N.W. 1st Avenue 1]elray Beach, Florida 33444 PIN # RIGHT-OF-WAY DEED THIS INDENTURE made this ~~~L day of ~-~y2 200 ~; between CAROLYN Y UNG, with a mailing address of ~ j![/;L ~~/ ~' ~,~ ~ f~ ~ as party of the- first part and CITY OF DELRAY BEA ,FLORID , a Florida municipal corporation with a mailing address of 100 N.W. 1st Avenue, Delray Beach, Florida 33~4~, as party of the second part. WITNESSETH: That said party of the first part,. far and in consideration of the mutual promises herein contained and other good and valuable consideration, does hereby grant, remise, release, quit claim and convey unto the- party of the second part, its successors and assigns, all right, title, interest, claim and demand which the party of the first part has in -and to the following-described land, situate, lying and being in the County of Palm Beach, -State of p'lorida, to-wit: See Exhibit "A" attached hereto. This Deed is made for the purpose of giving and granting to the party of the second part, its successors and assigns, aright-of--way and easement in and to said lands for public highway,. street, and public utility purposes and the maintenance thereof; and is made, executed and delivered with the express understanding and condition that should the same ever be discontinued or abandoned as a public highway or street, the title to same shall thereupon revert to and revert in the party of the first part or assigns, except that the easement for public utility purposes shall remain until released. That this right-of way shall be subject only to those easements,. restrictions, and reservation of record. The party of the first part agrees to provide for the release of any and ail mortgages or liens encumbering this right-of way. The party of the first part also agrees to erect na building or effect any other kind of construction or improvements upon the above-described property. Party of the first part does hereby fully warrant the title to said land and will defend the same against the lavvfixl claims of all persons whomsoever claimed. by, through or under it, that it has goad. right and lawful authority to grant the above-described right-of--way and that the same is unencumbered. Where the context of this Right-of Way Deed allows or permits, the same shall include the successors ar assigns of the parties. TO HAVE AND TO HOLD THE SA1vIE, together with all and singular -the appurtenances thereto belonging or in anywise incident or appertaining, and alI the estate,. right, title, interest, and claim whatsoever of the said party of the first part, in law or in equity to the only proper use, benefit, and behalf of the said party. of the second part, its successors and assigns. IN WJTNESS WHEREOF, said party of the first part has hereunto set their hand and seal the date first above written, Signed, sealed and delivered in tlt`e.aresence of:/l. ~~-r ~~01~~ ~,_. (Name printed or typed} ~~~ ~ ~, l~IC1rjC I~'`C~dY- hC ~~ _ __ (Name printed ar typed) PART?OF THE FIRST PART B I (Name nted or typed} (Addre s} STATE OF ~ ~t.G[-~ COUNTY OF -2G~(.~L f~ The foregfling instrument was acknowledged before me this ~ ~~~~-day of QV , -fir , 200 ~ by bl rt +~.• ~ wha is personally known to me or has produced ~LDL S - D~ - -7f<? ide ficatian. ?CcJ ~ • C7rf ~N~~S! A~K1f~W~D ~pp737197 ~Yr,dres r ~-~241~ tore of Notary Public - of Florida SKETCH AND DESCRIPTION RIGHT-QF-WAY DEDICATION 25' 25' S89°06' 57"E _„ .~ cS 5.00' "`~`"no - -- -... oo~ W ~ NORT1-I LINE OF DEED RECORDED IN ~~ ~ O.R.B. 8600, PG. 12$4, P.B.C.R. ca ~ - o ma Z ~ ~ m N l0 ~ a 3 0 ~~ o L N v°s S89°17' 29"E ~ ~ ~. ~„ m ~+ ;> 15.00 ~- o ~Z m ~ z ~ 50UTH LINE OF DEED o ~ ~ o ~ RECORDED. IN ~` O.R.B. 8600, PG. i 284, ~ ~ _. ._ ~ w ~ v~ ~ P.B.C.R. N89°00' 17"W ~ ~ S89°00' 17"E 40.00' 25.00' ti P.0.6. w J ~ ~ ~ ~ ~ i ! ~ P. o. c. ~ w ~ , SE CORNER ~ ~ LOT 30, BLOCK 8 Z ~ R.B. 14, i'G. 58, P.B.C.R. S.W. 4th STREET ~- - _ NOT VALID WITHOUT SHEET 1 OF 2 REVISIONS ~ ~ JOB N0. 829 ] ~ ] AVlROM & ASSOCIATES. INC. SURVEYiNO & MAPPINQ SCALE: ]" = 50' 60 9.W. 2ND AVENUE. SUITE 102 GATE: 09/19/07 BOCA BATON, FLORIDA 53432 TEL. teen asi2-2asaa, FAX 5891) 394-7126 I?RAWN BY: N. I. ~46p~st~q 1'~ C02047 AVIRpM do ASSOCIATES, INC. ALL RIGH75 RE5ERVE0: SHEET: 2 OF: 2 SKETCH AND DESCRIPTION RIGHT-aF-WAY DEDICATION LAND DESCRIPTION: A portion of Block 16, City of Delray Beach, Florida, formerly known as Town of Linton, according fa the plat thereof as recorded in Plat Baok 1, Page 3, of the Public Records of Palm Beach County, Florida. being more par#icularly described as follows: COMMENCE at the Southeast corner ofi Lat 30, Block 8, SUBDIVISION OF BLOCK 8, according tq the plal thereof as recorded in Plat Book 14, Page 58, of the Public Records of Palm Beach Caunty; thence N00°02' 48"W, along the east line of said Block 8, for a distance of 149;77 feet; thence S89°00' 17"E, 25.00 feet to the Point of Beginning; (hence N00°02'48"W along a line 25 feet east of and parallel with the east line of Black 8, a distance of 154.13 feet; #hence S89°06'57"E, along the north line ofi Deed recorded in Official Records Baok 8600, Page 1284, a distance of 25.00 feet; (hence S00°02'48"E, along a line 50 feet east of and parallel with the east line of Block $, a distance of 106.31 feet; thence S89°17'29"E, 15.00; thence S00°02'39"E, 47.95 feet; thence N89°00' 17"W, slang the south line of Deed recorded in Official Records Book 8600, Page 12$4, a distance of 40.00 feet to the Point of Beginning. Said lands situate in Palm Beach County, Florida and contains 4,572 square feet (0.1050) acres mare or less. NOTES: 1. Reproductions ofi this Sketch are not valid without the signature and the original raised seal of a Florida licensed surveyor and mapper. 2. No Title Opinion or Abstract to the subject property has been provided. It is possible that there are Deeds, Easements, or other instruments (recorded ar unrecorded) which may affect the subject property. No search of the Public Records has been made by the Surveyor. 3. The land description shown hereon was prepared by the Surveyor. 4. Bearings shown hereon are assumed, based on the said east tine of Block 8, being N00°02'48"W. 5. Data shown hereon was compiled from instrument(s) of record and does not constitute a boundary survey. 6. Abbreviation Legend: G= Centerline; L.B.= Licensed Business; O.R.B.= Official Records Boak; P.B.= Plat Book; P.B.C.R.= Palm Beach Caunty Records; PG.= Page; P.L.S.= Professional Land Surveyor; P.O.B.= Paint of Beginning; P:O.C.= Paint of Commencement; R/W= Right-af-Way. CERTIFICATION: I HEREBY CERTIFY that the attached Sketch and Description of the hereon described property is true and correct to the best of my knowledge and belief as prepared under my direction. I FURTHER CERTIFY that this Sketch and Description meets the Minimum Technical Standards set forth in Chapter 61G17- 6, Florida Administrative Code, pursuant to Section 472A27, Florida Statutes. Date:______________ MICHAEL D. AVIROM, P.L.S. NOT VALID WITHOUT Florida Registration No. 3268 SHEET 2 OF 2 AVIROM & ASSOCIATES, INC. L.B. Na. 3300 REVISIONS ~:~ AVIROM & ASSOCIATES. INC. '106 N0. 8291--1 SURVEYINC3 & MAPPINQ SCALE: 1" = 50' ~ so s.w. 2ND wvENUE, sU1TE X02 pgTE: 09/ 19/07 BOCA RATON, FLORA 53432 TEL.. lael> sat-2894. FAX 18611 sa4-7126 DRAWN BY: N. I. ~q~s~p 1'~ Q20U7 AVIRDkf ~ ASSOgATES, INC. ALL RIGHTS RESERVED. SHEET 1 OF: 2 MEMORANDUM TO: Mayor and City Commissioners FROM: Robert A. Barcinski, Assistant City Manager THROUGH: David T. Harden, City Manager DATE: January 13, 2009 SUBJECT: AGENDA ITEM 8.N. -REGULAR COMMISSION MEETING OF .TANUARY 20, 2009 SPECIAL EVENT REQUEST/4TH ANNUAL LYMPHOMATHON SK WALK ITEM BEFORE COMMISSION Commission is requested to approve the event permit for the 4~' Annual Lymphomathon proposed to be held on March 28, 2009 from 5:30 a.m., for set up, to approximately 10:00 a.m., for walk completion, to grant a temporary use permit per LDR's Section 2.4.6(F) for the use of Anchor Park and the sidewalks along A-1-A, to authorize staff support for traffic control and to waive parking fees in the Anchor Park lot from 7:00 a.m. to approximately 10:00 a.m. BACKGROUND Attached are the special event permit application, budget and site plan for this walk. This event is a fund raiser for lymphoma research. The estimated City overtime costs for this event are $60. Based on event polices and procedures, the estimated payment to the City would be $35 for the trash boxes only. RECOMMENDATION Staff recommends approval of the special event permit, temporary use permit, staff support as requested and waiver of parking fees in the Anchor Park lot from 7:00 a.m. to approximately 10:00 a.m., contingent upon the receipt of a Hold Harmless Agreement and Certificate of Event Liability Insurance. ~'~'~ ~~,~el.~a~ ~0;a.ch DiFt,R kY~E~4CM $pec~~l. ~vel~~ ~'erzlnit ~1~I~nerrnt~frn ~~7~~,kCd'~10~ 9p~ PLIEAS>G TAPE (~~{ PRE~T ~~,3 ~4~r~1 ,E~rent NamelT'itle: F~..I~Y'Y1i~ ~rY1C~~~ 1r1- -~ _-- Event Date(s7~ ~`c ,~ g , ~~~ Tian~s: d i~-`~z ._~ ~ ~,~~C~ ~~ ,iY'1, Event SponsorrT'rod.Ltccr, ~~~~ 1'1'lal ~ ~ n Y ~'~.~ .~ ~' Qs~~ i ~ ~ ~~.. ~ ~~ Evexst ContaatlCvorc~iraltar: ~.s~Y~ ~ ~S+rn~.~ „f~ ..0 . ~~ ~-~'.--~! ~ ~`~ana~.~r Name; ~ ~'J:..5: ~ Y~, ~ddres5: ~' ~ ~ ~•~ ~ ~~~~ '~'clephorteNumbcr; ellular>,YumbEr: ~~. ? F?~~~'~ F-rtaafl address: ~ ~ ~,.,,~,~:';~ ~ ~,. q ~:C~~. ~ ~ C~r~-, S 1~ ~ (`_._~.. L~~' ~~~ Planned Activities (Outline of ~cti.vitias/nvmb~r ~ actin" 'es, .~ entertainRte at chi]dren's rl.dcs. gams, ~t~~x pro,grams): ~ ~ t~ Numf~er of Tt~dividuaJs Served Previous "Y'Ea.r (if apU~icable); ~~ ~ S~_Z:IC,k.~"~nl"Y~U*'~#l~'1''y~ Describe t>~e targeted population and ~ectetI aixendance: ~,~__ ~„~_; j : ~ ~_ ~~.~ ~.: ~ 1:1.1. ~~~~~ 1~~ea~~eea 13:28 2123492°86 ~,YMPHDMA RE5EAF2CH PAGE 0210s? the r~.cC~~i ~~erc 17esctibe your radio, gg~tErs, ar pro,}ect Cs~ 7.~ trl X:.~ L::~.,.~ ~ C7;1~ ~p U C3~ ~.1.~~'e yvu martce~lprorna, e, i.e 't''4', ~~~:~.2~ 't=L^ ~. a ~~~ ~~f No~r~rafat alhach proof ~f SID~e(3), c(4), c(~~ C(.l0), or c(~9) ~r (a!) Event Location (DesariF~e area boundaries of eventllocat~ori}t _ ` __-~ Site plan, attached; yos qp_ __ ___!._~G ~~ ~ .~ ~ ~ , ~Sire,p~art r¢quir~edfor eri#re eve~,t,rft'e. Include ~ocatlons aftcnts, stage, po, iz,let , durrtpst~axs, poztatste iigiit3ng, and banricadc ]acatiott if applicable.) Rcntal of 01d School Square: yes no (Tfygs, attach proofafappraval} Private Property Use: yes ,~Q (~f yes, attach setter giving authorizatiatl from prvparty owtter~~ Event budget attached: yes~,_ na (~equit'~ed fvr alb sven,~) Previous year Rcvenue/Expanse sttmmtuy attached: yes_ no: (Itcquired for all evcrtts) ~- ~ '°"~" Do y~ta have casE- sponsors for the event: yes nn ~I]dlG~ted OII blldget) 1]o you leave inlC9nd sponsors fax the event: yes n,a~~ (Indicated anbadgmt) U-.JQ ~1Q1i~ ' ~ t coinrnunity needs: s ~ brr~ C~lUneim~iC and B6iMllgsli.lt~lddpkto~lfipec~pl l3v~nt i'bttrtit /4ppldcati0n FINAL 9.6A7,doc Sponsor Category (piaasa check} City ^ Note-Pro~"iUCharitable ~~ Private ^ Ca-Sponsor - No~,1?ra;ritlPrivate Q 17.f94/20E8 I3: 28 232349288b LYMPHOMA RESE=ARCH PAGE 03J0B 5erviu.g or selling alcaholio beve~es: ~+eg rio_...~ .._ - . {If yes, copy of license arrd,rxleaTta! If~rb~tify ittsurar~ce ~equfted tx~o fa} w~~ ~ ~~ ±ar ~a evant~ Event certificate c+f insurance atiaalted; yes~_ r}o ^ , . (.~Requlred two (2) weeks prior to ~~t na,~i,~g fTie Cr7ty r~ additaana!' ir~Sur, ~rf, Qr s~rr tPquued for venders) Playing of srnpl,~fied music: (il~afyer req~utt~d) ~s...,,„~ ria ~ _ _ _ mill there be entertSll~LriCQt: y~p5^~~ ~o (Tf'yes. attaohed list ~f ParFormers artSllor DI's} 1f yas, sponsor egreea all entertainment will ve family dtticz~ted and cotitairi no Ob5ceni~ies: ~s--.~~, na`~ Requesting Police assistance: ye9„~ no (trat'Fio contxol/scau:rity) - Will suppIcm,el~t with privata secrtrity: y~~ no ~f (~fyes, rteeaTpla,Q attacheo~ -- Requostir~g Emergency MEdieal assistance: y,es Requesting barricade assistance: ~ Ycs-...,._ ~Ifno, how are yqu handl.ing~ Regnestitfg traSlt xn~aaovalfcfean up assistar-ea; yes (Will be billed to sppnsar) no ~ v ~ ~ c~ ant Requesting fresh boxeslcontairiera and liners: ycs ns - •~ Recluestin~ stage use; Ye9-~ no (lf yes, check type) '- ~- Large stage (Il4' x 36') o ~r~a[i ststge (~6' a 21') n 8aifsmaal stage (8' a Z1 ') ~~ ReyUCSting signage: Yes nc ~ _~ Type. 4'x4']Event sig~~, ,~~ ~ar~ing Signs„~~ 1dalaner hanging- Indica#e dates required (Wufvcr r~equ~rett ff»tare rlian owe ~I) week prior tv eves!) ---_~ .~ `. ~`.. Requesting City Portable C,eneratoC: yeq _ uo {'T.i'ycs, sire & power) -.~-- Foodand beverage vendors: ~ ~ ~ t~ j I ~ {3 ~ ~.~, Z[yes, tlpproxi~at~e Aumber 9es._ _~ no - '~ "'°i~ e-~. ~Healtt~ Acpa:tmer~t approval .required) yes .,~ n4~ ^ C;IneeurnenR and gottln~C,IsIEDaskteplSppoial Swerrc PdmJt Apptleactan r+fNA,L 9,b.07.doc Other vendors: (Tndicstc z~~pe) ye9~, rho^~ ._,_,,, , Vents: yeS ~ no__ _ _ .ify~s, How rrrar~y Z- Wl~a~r size or sfz.,e required t_o ~ i d - _~1~P ~,~ . (If yes, tent permf~ artd~r'e ~t~xpecttt~ns mrry be ~rc~der~ '4~i1.1 tl~s event irxcludc amvsemerzt ~~des: yes no /_ ~_ - , (If yeS, type and tncrrfio~ and ropy of liability fnsurana¢ rcc~Uined, also regi~ rr<~a ~~faxc lieerr~ce arrd #arspecll~n.J Will the eve~.t be gated: yes rtt~ (Show ~n-sit~E ~-tuA) ~. VJiJI there be a charge fox the event;; yas nom,! ..,, , {~[f yes, i~tdlcate tie,ket pr-fces) Wi11 there be firewarJ~s or Qther pyrotechnics: yes no ~ ,_ (,irfyes, contact ~'tre 1Vlar,;slt~rFto ~vbtai~r and eomptete,~errrr#t gpptic~ation~ Will there be cookizi.g with oomp~'essed gas: yes __ _ ~0,,.1~ _y (If yes> co,~tact F'lre 11?a~hdl fir ir~apecti'a~s~ Will yore be providing port-a-lets £ot'the event: yes rto ,_- f~,~J'gs, locQtF on-site map, If ~re~ in.dfcltt~ hoWyo~ will haltalte r~s~lroam rr~t~li,) Ts reserved parking requested: ves no ~ {~f yes, lnctrcate locatrorr.,c arxd purpose fo,r rise,} Event Permit At*anhnn eats: _Revenve/L~c,p>°rtSe .Budget ~~,l~evenue/1`xp~cnse Recap Last wears Evens: _ __ Site flan '.Letter Requestita,~ Noise drdi~lance V4~aiver i~etter Requesting Waiver Cflnsum.ptxor~ ~lJaphol Beverages Proo£ of Non-Prp£it Status General ~,iability insurance Certificate Alcohol .i3everag~c Liability Certi~fieate 1?moFo;FRentai Agreerr~,er~t or 11,uthorizatioz~ Letterfi-otxa >:'rivete Pr. ,p~,;rt.r Owner ~iald Tr-l'axrnlesS Agt'~~mont Submittal Date Requircznents + Minor Event 45 days prior to event Xrxicrmod.iate Event 94 days prior try evert • Jvlajor Event I2a days prior to event • N'eighborlaood ;4~lock Party 34 days pxlor to event C:1DOatmcnlg sited 9Qrring~lLlsilflesktopl5pc;:in1 EvCr2 Pcrmi~ h ppllcatian F1NAT, 9.6,07,dnc r,~~ Taent ~o>~tXaata~rfCoardiaat~ Aa,t 1'leasQ print, ~ G~~ _ - - Please e1~close the apprvgr~ate n.a~a-.rcfundab,[e application fee payable to the City :-'r' T7elray Beac>l, 140 N.W. 1R Avern~e, Delray ~3caeh, Florida ~~444. Rec~uire~ N v~+iC i [~errrtl°~; applica,t,inn. For ,S~aff ~Jse Only l Date Roceive~ .r~/~/~~ Application 'Fee .received $ ~~ „~ ~ _ C;\Doev~cnts end SetdnPQlLiR~lDeniCtoplSpOOial FvnM? Pettttiu Appliemtion FRShL 9,6.47,doc -~7'ASCr Fi.JJS ~ ~'~ i~'•3" NNE dF G~~~'~ FPS Porgy Ar NW ~:r~1~~ cr- l~i~v~~i'~ WrV'r r4.vo G~C~+~S~/ •ST; Irv ~rz oF~ '~art#~RY Jet 1~E• ~ y &A~ r 5'%~7€ «' /V. DCFAN G~l.i/~ S t ,~3 $ ~+! . crc~.v 9~.VO. iu+4rvpr-4cciva: C~.~rr~lL c~ f7~~~cwFy ~, vE~A.~ .~ iVnl~ c~~' ~L,vC,eu~ FPL Pails. ar Su3 C~rzv~~L., ` f2ay.au.~Y ~v. ac~.N~ ~3cx~. i8 ~." 5~E ~ Ca~r~,~~ ~€~~. pac.~ acv F~~.~,e~i Y c..~v~ rv~~.~-~ ~3z~ ~ ~~ ,,~. o~,~,,, aw ~, . ~V~r~I~. G~-.v~~. aF` Jfa~r ~ ter' i!!7 Gx~; uy~Las~ 2~, 8Y "~Jn/G ZUr3j;.J~~ti J9NANr~It, AI~a LAA9.n• ~ - wv..--r.~ vw-fir..-.~ r+ ~~~~ ~ w~a~ ~ ~~ ~ ~~ f }[Jt \4~t"'l.~ 11.."v4"ti~ww.~w..i ~`.vnr~ 1~r~at: r~ ~.~ ' rw SNAIZ Try ~S M~~~' !~- o ~ ~ o ~ ~~y~P ~~~ C~~r~•~-'~A1.1~. ~~° ~' i a~~N fj L~1 D. ~ CcrV FP4 ~ ~ ~~ *~ C ~@ G O ~ ~~ ~~ N ~~ ~~ ~~~~ ~r~~ tkT1~r~+rTt C ~~v~, L 4 N 5 T 'r ~~ ~ 4-- ~ O i -~ b ~ ~S ~ ~ ~~ M ~ Lam' FYI U ~ . ~, • C,~ u F~~1L~ RD a ~~ N f ~, r C E A i ~ 02/13/2006 11:02 27.23G929B6 L4MPMdMA RESEARCH PAGE 95/86 ~~,n;~~ ~ a~ 5 J ~ '~{ r d. Q i 1 J ~~ ~. w a J ~ ~,9 ~- ~~ . G~- ~~ 7 ~' r r ~' ~~ ~f~ ~ ~ ~ ~ r ~ ~ r ~ ~ O ~ ~ ~ r "~ ~ ~ ~ ~ ~ ~ ~ ~ ~~ v r ~ ~ ~ ~ ~~ . ~ ~ t~ l n~~,`~j~{~ ctilstp~ ~ . ~ "'.. ~~ ~~ ~ ~ 0 ~- .ys" a G u ~ ~ ~~ ~~al ~ ~r'~~ I ~ ~ ~ ~ ~ . V rf_!L 1 r LYN~PHOMATHON ~N~b1VIEl~3(p~NS~S 5auth Florida 2008 ~Yetf1 ilk 41150 Team Walkers $3a,14~? 41200 Sponsorship $1 DQ-7 435Q0 Matching Gifts $1 ~a5~? Total ~~+~enue: $~2,69r,P F~cper~+ses 6221 a pispia~rlDecaration $5D~ 82230 E~hteri'ainment 62240 event Planners $3,5DCi 62280 I ncen#iues{Awards $1,27 ;' 62329 Leased Equipment $~5a' 62340 I~icenselpernnit~ 62380 Medical e24ao Miscellaneous ~t 62436 photographer 824~4a Postage $717 6245D Prir?tinglPubiication $fi~,37~ Program Travel 62471 Air/Train 62472 CaalLvcal $2SC 62473 H oteilL,adgi hg 62,47 (deals $g~ 624aQ Security 625?_Q Supplies $2F 62630 TelecQmmianica~tit~n X2560 'venue & Catering 625';x0 Volunteer Pecvgnition Faial ~arp~nses $11,f~99~ LYMPHOMATHON BUDGET South Fiarida 2009 Revenue 41150 Team Walkers $27,500 41200 Sponsorship $1,000 43500 Matching Gifts $1,500 Tota! Revenue: $30,000 Expenses 62210 Display/Decoration $500 62230 En#ertainment 62240 Event Planners $3,500 62280 IncentiveslAwards $1,500 62329 Leased Equipment $1,000 62340 LicenselPermits 62380 Medical 62400 Miscellaneous $100 62430 Photographer 62440 Postage $1,000 62450 Printing/Publication $4,000 Program Travel 62471 AirlTrain $400 62472 CablLocal $200 62473 HotellLodging $175 62475 Meals $100 62490 Security 62520 Supplies $100 62530 Telecommunication 62560 Venue & Catering $100 62570 Volunteer Recognition rora- Expenses ~~ 2,s7s MEMORANDUM TO: Mayor and City Commissioners FROM: Jasmin Allen, Planner Paul Dorling, AICP, Director of Planning and Zoning THROUGH: City Manager DATE: January 14, 2009 SUBJECT: AGENDA ITEM 8.0. -REGULAR COMMISSION MEETING OF .TANUARY 20, 2009 REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS ITEM BEFORE COMMISSION The City Commission is requested to review appealable actions which were taken by various Boards during the period of January 5 through January 16, 2009. BACKGROUND This is the method to inform 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 expires (unless the 10 day appeal period has not occurred). LDR Section 2.4.7(E), Appeals, applies. In summary, it provides that the City Commission hears appeals of actions taken by an approving Board. Also 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 Commission meeting agenda as an appealed item. REVIEW BY OTHERS Site Plan Review and Appearance Board Meeting of January 14, 2009 A. Approved (5 to 1, Chris Stray dissented), a request for a color change for IL Bacio, an existing commercial building, located on the south side of East Atlantic Avenue, between SE 2nd Avenue and SE 3rd Avenue (250 East Atlantic Avenue). B. Approved (6 to 0), a Class III site plan modification, landscape plan and architectural elevation plan associated with the conversion of a 1,847 sq. ft. commercial building to a 2,721 sq. ft. one story restaurant that includes a new dining area in the rear of the property for Taste Restaurant, located on the east side of Pineapple Grove Way, between NE 1st Street and NE 2nd Street (169 & 171 Pineapple Grove Way). Concurrently, the Board recommended approval of the following waivers: (i) Waiver to LDR Section 4.6.16(H)(3)(i) to reduce the required five (5') foot landscape island at the end of a parking row, to 4" for the southern portion of the handicap parking space and to two (2) feet for the northern portion of the handicap parking space. (ii) Waiver to LDR Section 4.6.14 (A)(1) to reduce the required twenty feet (20') sight visibility triangle to two (2') at the intersection of the handicap parking space and the east alley driveway. Historic Preservation Board Meeting of January 7, 2009 1. Approved with conditions (7 to 0), a request for a Certificate of Appropriateness associated with exterior alterations on a contributing structure including replacing the front and rear doors, installing black aluminum capped rails at all entries; installation of brackets at entry and side door overhangs and installing awnings over windows for the property, located at 605 North Swinton Avenue. 2. Approved with conditions (7 to 0), a request for a Certificate of Appropriateness for exterior alterations on anon-contributing structure including restoring the natural finish, replacing the existing mansard with a smooth stucco and raising its height to screen existing roof top equipment; adding a slanting parapet feature above the entry, shed awning addition above the entry and color change for the Dunkin Donuts, located at 37 West Atlantic Avenue. 3. Continued with direction (7 to 0), a request for a Certificate of Appropriateness associated with site improvements including repaving the existing driveway and expanding the paved concrete area into the front yard between the fence and the structure for anon-contributing property located at 110 NE 5th Street. The Board requested that the applicant submit more detailed plans pertaining to the proposed site changes. 4. Approved (7 to 0), a request for a Certificate of Appropriateness for a blanket sign program on a non-contributing property known as Hammad Shoppes, located at 139 NW 5th Avenue. RECOMMENDATION By motion, receive and file this report. Attachment: Location Map N SPRAB HPB A. IL BACIO 1. 605 NORTH SWINTON AVENUE 8. TASTE RESTAURANT 2. 37 WEST ATLANTIC AVENUE 3. 110 NE 5TH STREET 4. 139 NW 5TH AVENUE ~~~~~~~~~~ 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\1-20-09 --olGlraLaasEMaPSVSreM-- MEMORANDUM TO: Mayor and City Commissioners FROM: Bob Diaz, Construction Manager Richard C. Hasko, Environmental Services Director THROUGH: David T. Harden, City Manager DATE: January 12, 2009 SUBJECT: AGENDA ITEM 8P.1 -REGULAR COMMISSION MEETING OF JANUARY 20, 2009 CONTRACT AWARD/CONSERV BUILDING SERVICES ITEM BEFORE COMMISSION This item is before the Commission to approve a Contract Award in the amount of $46,894.00 to ConServ Building Services, Inc. for the City Hall HVAC System repair, City P/N 2009-007. BACKGROUND ConServ Building Services will provide all labor, material and supervision necessary to replace four corroded condenser coils for the City Hall air cooled chiller system. The 11 year old coils and dryers have reached the normal life expectancy and are in need of replacement at this time. The latest in aftermarket corrosion protection "Herisite" shall also be applied during the installation of the new units. The overall scope of work will augment the Trane Energy Management Control System installed last fall by ConServ which allowed for on site and remote programming capabilities to the existing A/C system. Coil replacement will maximize the peak operating efficiency of the City Hall air conditioning system. A corrupter included in this proposal will reside in the Building Maintenance division of Public Works. This will allow in house monitoring and control of system operations, reducing reliance on the City's vendor. ConServ's proposal is attached hereto as Exhibit "A" and is based on an existing City of Delray Beach HVAC maintenance contract. FUNDING SOURCE Funding is available from 334-6112-519-64.90 (General Construction Fund/Renewal & Replacement / Other Machinery Equipment) RECOMMENDATION Staff recommends approval of the Contract Award in the amount of $46,894.00 to ConServ Building Services for the City Hall HVAC System repair. ~uildil~ig ~ervice~ ~~ ! v~ ~°®®5! A BCH Mechanical inc. A4filiate Presented T®: C~ of ®elr~ beach Project: City F°lall Air Coaled Chiller Address: 1 Oo Nw '! st eve City: Delray ~eactt, Florida Attn: Clayton Gilbert 6354 11 Ica Ave N. Largo, Florida 33773 FAX (727j 544-1924, Dispatch (600) 940-3241 ~afe:_Januar_y 2nd, 2009 Proposal #.A010209MJN-1 Subject: llnii# 1, Trane l~adel #, RTA080AYH03ABD0$, Serial # U9~D016$3. Age: 11 yrs. Condition: Condenser tails flaking apart.-Recommend replacing coils end have them coated with herisite corrosion protection. So®pe o~ 1Afork. Remove old condenser coils and dispose of away from property per EPA guidelines • Furnish and install (2} #nner tails ® Furnish and Install (2} Cuter coils l=urnish and install (4} Driers as required Furnish and install Refrigerant as required ~ Provide condenser afterrnarleet coil corrosion protection • Provide crane, rigging, storage and handling services • Provide necessary welding and piping supplies as needed • Furnish (1}new Computer for FiVAC Control system Provide (1) year warranty on repairs performed ® Perform start-up and system check Cost Breakdown Qescri trop Tfltal Casts Total materials cost $ 38,980.00 Total labor hours $ 3,66Q,00 IVew Gam afar tar access to new HVAC Goniroi s stem $4,284,00 Tnfal Cast of Pro'ect $46,894.00 {duaiificatiorts! Clarlftcatians • All installation work will be perforrned during normal working hours, Monday-Friday 8:00 AM to 5;00 PM • Units will use existing power and electrical connections ® Al! painting and ar patching will be done by others • Engineering and design not part of this prnpasal if required , • REQUIREp PHONE LINE INSTRLLED BY QTHIRS • ConServ not responsible for un#oreseen circumstances beyond CanServ's control ® Facility can be with-out sufficient cooling through-out duration of Job r®~~r ~~~~ ~~~t .....................~s,~ga..oo This Proposal viii be,,hc~nored for 30 days Submitted by' ConServ Building Services Name: Mike Needham~~~~ Title: Sales Manager Pro osal # A010209MJN-1 5iclnature: ~~ date: Customer Acceptance City ®f Delray Beach ......_ Name Title Si nature ar P.O. State Wde Service Air Conditioning, Refrigeration, Eleatrical & Plumbing MEMORANDUM TO: Mayor and City Commissioners FROM: Joseph Safford, Finance Director Patsy Nadal, Purchasing Manager THROUGH: Mr. David Harden, City Manager DATE: January 7, 2009 SUBJECT: AGENDA ITEM 8P.2 -REGULAR COMMISSION MEETING OF .TANUARY 20, 2009 CONTRACT AWARD/PRISTINE WATER SOLUTIONS ITEM BEFORE COMMISSION City Commission is requested to approve award of Bid# 2009-12 to Pristine Water Solutions for the purchase and delivery of Poly Phosphate at $1.29 per lb. for the Water Treatment Plant at an estimated cost of $110,000 for the remainder of FY 08-09, purchased as needed. BACKGROUND Poly Phosphate is an additive for water treatment available in liquid or dry form. It is needed to reduce reversion rate, inhibit scale formation, restrict oxygen permeation and hydrogen generation with corrosion inhibitors to protect water distribution systems from related repair and maintenance expense. Mono molecular film reduces lead and copper leaching to comply with 1991 lead and copper rule. Per the Water Treatment Manager, the City has regularly passed the lead and copper tests which indicates that this product from Pristine Water Solutions continues to be effective. Pristine Water Solutions followed all of the terms and conditions on previous contracts with the City of Delray. Submitted Bids - Price Per Pound Pristine Water Solutions Carus Phosphates F2 lndustries, Shannon LLC ';Chemical. $1.29 $1.47 $1.53 $2.37 Pristine Water Solutions had previously requested a price increase, but staff chose to go out to bid instead. Our estimated annual savings from going out to bid as opposed to accepting the Vendor's requested price increase on poly phosphate is $68,724.00. FUNDING SOURCE Account Code: #441-5122-536-52.21 Operating Supplies /Chemicals RECOMMENDATION Staff recommends the approval of contract award to Pristine Water Solutions, the low bidder, for the purchase and delivery of Poly Phosphate at $.1.29 per pound for an estimated cost of $110,000 for the remainder of FY 08-09. O~ z D~ a o ~' 3 3 ~ c o ~ W ~ ~ ~ ~ - i 'D ~- ' m s ' ' ~ ' ' _ v _ v < < ° ~ .~ a ~, y o ~ -^ ~ ~ ~ ~ 3 ~ ~ ~. 3 ~ C. J 7 ~ ~ ~ a '~ ~ p ~ =a cni ~ ° c ~ f11~ o ~' Q ~ ~ ~ Q ~ :S' ~D ~ ~ c'i y y 3 ~ N c. W n ~ 01 ? .~ = 3 a y v _. ~ ~ ~ ~ ~ ~ ° 3 ~ cn p~ p p ° rn m m - ~ v+ ~ ~ ~' ~ ~ z ~m ~ ~° ~ <D cn cn cn ~ Q. C1 ~ ~+ A ~ ~ p ~ v ~ ~ ~ //~ \ Tm W ~ ` ° m ~ ~ ~ ~ ~ `G `D <' - , ~ o m to o ~ , °- m ~ ~ ~ s c~ ~ _ ~. oo ~- ~ ~ ~ ° o m rn Z ~ ~ ~ ~ N ~ '' n ~ 3 0 -1 00 -„ y y p ~. ~ iv ~ y -i C ~ .. -~ CD ~ ~ ~ p v cmny ~ C rn~ V o ~ n o0 < O co = o ,~ ~ ~ N ~ a .,. ~ ~ ~ ._ C N e~ as ° a ~ _ 3 co -o cn c~ 0 Page 1 of 1 Nadal, Patsy From: Bullard, John Sent: Tuesday, January 06, 2009 10:26 AM To: Nadal, Patsy Subject: Poly Phosphate Contract Patsy Nadal, I am recommending that Bid Number: 2009-12, "Furnishing and Delivery of Poly Phosphate Annual Contract" be awarded to Pristine Water Solutions. Their price is the lowest at $1.29 per pound. They have provided us with good service and quality of product throughout the years we have been with them. They have also abided by all of the terms of the previous contracts. We will need two shipments of Poly Phosphate between now and the end of the fiscal year for a total of $110,000 at the current price. The chemical account number is 441-5122-536-52-21. Thank you for your assistance. John Bullard WTP Manager 243-7319 l /6/2Q09 Yage 1 oT 1 Nadal, Patsy From: Bullard, John Sent: Wednesday, January 07, 2009 1:37 PM To: Majtenyi, Victor; Hasko, Richard Cc: Nadal, Patsy Subject: Poly Phosphate Savings Victor, Richard, We received a letter from Pristine Water Solutions last November informing us of a price increase from $ .769/Ib. to $ 1.98/Ib. for poly phosphate. Due to the substantial increase we went out to bid in December. Pristine came in as the lowest bidder with a price of $ 1.29/Ib. At the $ .769/Ib. price our yearly cost for poly phosphate would have been: $ 76,592 At the $1.98/Ib. $ 197,207 At the $1.29/Ib. will be: $ 128,483 Total yearly estimated savings from going out to bid on poly phosphate: $ 68,724 Thanks to Patsy Nadal for helping us out with this. John 1/l3/20 MEMORANDUM TO: Mayor and City Commissioners FROM: Joseph M. Safford, Finance Director Patsy Nadal, Purchasing Manager THROUGH: David Harden, City Manager DATE: January 14, 2009 SUBJECT: AGENDA ITEM 8P.3 -REGULAR COMMISSION MEETING OF .TANUARY 20, 2009 CONTRACT AWARDBECK'S TOWING AND RECOVERY, INC. ITEM BEFORE COMMISSION City Commission is requested to approve award of contract for Wrecker/Towing Services for the Police Department to Beck's Towing & Recovery, Inc. BACKGROUND Request for Proposal #2009-06 for Wrecker/Towing Services was advertised on November 16, 2008 in The Palm Beach Post newspaper and on DemandStar.Com. Amandatory pre-bid conference was held on December O1, 2008 with seven (7) vendor attendees. Responses were received from five (5) vendors on December 15, 2008. The Police Department made site visits to each vendor's location to check the facilities, location, equipment, drivers, office staff, etc. On January 13, 2009, a five member committee consisting of representatives from Fleet Maintenance, Code Enforcement and the Police Department reviewed the proposals received. Three of the five towing companies that submitted bids on this RFP, did not meet the minimum requirements based upon the review of the proposal and/or site/equipment inspections. Charly's Towing did not have a storage site within the required area (Broward/Palm Beach County line to the south, 441 to the west, Hypoluxo Boulevard to the north, and the Atlantic Ocean to the east) at the time of bid. Charly's also did not meet the tow vehicle requirement for a Class "B" tow truck. Palm Beach Gardens Towing did not meet the Class "B" tow truck requirement and did not have a storage site within the required area at the time of bid. Westway Towing did not meet the bid requirement of being a business established in Palm Beach County conducting towing services continuously for the past two years. The evaluation method for this bid process is based on a point system; points are given for the following categories: 1) Franchise fee 2) Customer Service 3) Response Time 4) Experience The following is the points break down for the two (2) towing companies that met all of the requirements: Beck's Towing Points '' Vrchota Towing Points Franchise Fee: $162,400.00 50 Franchise Fee: $150,000.00 48 Customer Service: 20 Customer Service: 12 Finley-4 Battiloro- 4 Tyson-4 Glass-4 Rumell-4 Response Time: Finley-4 Battiloro- 4 Tyson-4 Glass-4 Rumell-4 Experience: Finley-2 Battiloro-2 Tyson-2 Glass-2 Rumell-2 Total Points: RECOMMENDATION Staff recommends award of the contract to Beck's Towing & Recovery based on the Total Points received by the review committee. The annual franchise fee payable to the City of Delray Beach is $162,400.00 annually in four (4) quarterly payments of $40,600.00. ............ ...... .L... . I. ........ ..L. .... ...... ........ I ......._._ I ......... . ...... .... J......... .......... .1............. W ~ a ~ ~ o o ~ o F ~ O ~ v h= ~ ~ ~ ~ ~ ~' +r ~ W p. ~ o a ~ ~ a F Z a o ~ O W ~ ~ N F ~ Z ~ ~~ ~ ~ ~ ~. aL >` ma y W ~o ~ a a a y ~ ~ Q ~ O Q O O O ~ ~ ~ v c = ~ ~ d M ~~ ~ J LL y d~ N N r P r ~ Q o o ~ w ~ ~ .~ ~ ~ .~ ~~ ~ d ~Q °~ ~w ' ~'~ ~ p ~ a~~ ~ ~ ' ~ ~ Cam p ~~u~ C a W F~amac~ m ~ o _~ ~ ~ ~ o W .~ H r+ i Z V ~ _ ~ +~ 0 Z a L to ~ ~ ~ CV v ~ ~ ~ ~ O '~ ~ ~ H ~ ~ a z ~ ~ ~ W ~ ~ ~ O _ ~ V 0 ~ ~ ~; O ~ Y a o a ~ ~; ~ ~ ~ a F"' ~ G9 ~ a ~ !C v 2 v ~+ N ~m _ r a7 a a On Tuesday, January I3, 2009 at i 0:00 AM a selection committee convened at the Delray Beach Police Department to discuss the taw bid selection process. The committee was comprised of five members, Lieutenant John Battiloro, Supervisor Fred Glass, Fleet superintendent Kevin Rumen, Code Officer Darcy Tyson and myself. Five tow companies subnutted bids for this contract: Charly's Towing, Gardens Towing, Beck's Towing, Vrchota Towing and Westway Towing. The following three tow companies did not meet the mizliamurn€ requirements to bid an RFP#2009-Ob based upon the review of the proposal and/or site/equipment inspection: Charly's Towing, Gardens Towing and Westway Towing. Tile evaluation method for this bid process is based on a point system; points are given for the following categories: 1}Franchise fee 2} customer Service 3} Response Time 4} E~perie>ace The following is the points break down for the two tow companies that met all of the reauirements: Beck's Tawin Points Vrchota Towiu Points Franchise Fee: $152,400.00 50 Franchise Fee: $150,000.00 48 Customer Service: Finley-4 Battiloro- 4 Tyson G1ass-0 RZnamell-0 20 Customer Service: Finley-3 Battiloro- 3 Tyson-2 Glass-2 l2~me11-2 12 Response Time: Finley-4 Battitoro- 4 Tyson-4 Glasses Rumell~ 20 Response Time: Finley-3 Battiloro-3 Tyson-3 Glass-3 Rumell-3 15 Experience: Finley-2 Baitiloro-2 Tyson-2 Glass-2 ltamell-2 10 Experience: Fznlay-2 Battiloro- 2 Tysott-2 Glass-2 RumeA-2 10 Total Points: 100 Total Paints SS The tow selection committee recommends that Beck's Towing be awarded the contract. ~~v~c~ ER~ORMRNCE NT~CsRZTY ~s~o€vs~e~E n ~€vov,a~-zv~ ° ~°°~~~nwo~~ CITY OF DELRAY BEACH REQUEST FOR PROPOSALS PURCHASING OFFICE 100 N.W. 1st AVENUE DELRAY BEACH, FL 33444 (561) 243-7161 / (561) 243-7163 Fax: (561) 243-7166 RFP #: 2009-06 DATE: November 17, 2008 TITLE: Request for Proposals -Wrecker/Towing Services for Police Department- Term Contract-Rebid PROPOSALS MUST BE RECEIVED ON OR BEFORE: Monday, December 15, 2008 @ 10:00 A.M. at which time all bids will be publicly opened and read. Request For Proposals This Request for Proposals, General Conditions, Instructions to Bidders, Special Conditions, Specifications, Addenda and/or any pertinent document form a part of this bid and by reference are made a part thereof. PURPOSE: It is the purpose and intent of this Invitation to secure bids for item(s) and/or services as listed herein for the City of Delray Beach, Florida, hereinafter called the CITY. A MANDATORY PRE-BID CONFERENCE has been scheduled for Monday, December 01, 2008 at 10:00 A.M located at City Hall - 1St Floor Conference Room, 100 N.W. 1St Avenue, Delray Beach, FL. 33444. All interested bidders are required to attend and be prepared to ask questions. SEALED BIDS: Proposals will be received in the Purchasing Office until the date and time as indicated above. Bids will be opened publicly in City Hall and all bidders and general public are invited and encouraged to attend. All bids shall be submitted in sealed envelopes, mailed or delivered to the City of Delray Beach, Purchasing Office, 100 NW First Avenue, Delray Beach, Florida 33444. Outside of envelope shall plainly identify bid by: BID NUMBER, TITLE, AND DATE OF BID OPENING. It is the sole responsibility of the bidder to ensure that his or her bid reaches the Purchasing Office on or before the closing date and hour as shown above. RETURN ONE (1) ORIGINAL AND ONE COPY OF ALL BID SHEETS. Any failure on the part of the supplier to comply with the ensuing conditions and specifications shall be reason for termination of contract. CITY'S ACCEPTANCE: Unless otherwise specified herein, the bidder will allow a minimum of sixty (60) days from the last date for receiving of bids for acceptance of its bid by the City Manager and/or City Commission. AWARD: The City reserves the right to waive minor variations to specifications, informalities, irregularities and technicalities in any bids, to reject any and all bids in whole or in part, with or without cause, and/or to accept bids that in its judgment will be for the best interest of the City, as further stated in Paragraph 14 of General Conditions. GENERAL CONDITIONS, INSTRUCTIONS AND INFORMATION FOR BIDDERS 2 3. 4 SUBMISSION AND RECEIPT OF BIDS: A. Proposals, to receive consideration, must be received prior to the specified time of opening as designated in the invitation. B. Unless otherwise specified, bidders MUST complete all questions and price blanks in the spaces provided in this Invitation to Bid. Failure to do so may cause your bid to be rejected. However, you may attach supplemental information. C. Proposals having any erasures or corrections MUST be initialed by bidder in ink. Bids shall be signed in ink. All prices shall be typewritten or filled in with pen and ink. D. All proposals MUST be signed with the firm name and by an officer or employee having the authority to bind the company or firm by his/her signature. QUANTITIES OR USAGE: Whenever a bid is solicited seeking a source for a usage shown, these quantities are estimated only. Delray Beach as to the total amount that may or quantities are for bidders' information only. specified time for materials or services in the quantities or No guarantee or warranty is given or implied by the City of may not be purchased from any resulting contracts. These PRICES: A. Bidder warrants by virtue of bidding that prices, terms, and conditions quoted in his bid will be firm for acceptance for a period of sixty (60) days from the date of opening unless otherwise stated by the City or bidder. B. Prices should be stated in units of quantity specified in the bidding specifications. In case of discrepancy in computing the amount of the bid, the unit price(s) quoted will govern. BRAND NAMES: If and whenever in the specifications a brand name, make, name of any manufacturer, trade name, or vendor catalog number is mentioned, it is for the purpose of establishing a grade or quality of material only. Since the City does not wish to rule out other competition and equal brands or make, the phrase OR EQUAL is added. However, if a product other than that specified is bid, it is the vendor's responsibility to name such product within his bid and to prove to the City that such product is equal to that specified. QUALITY: All materials used for the manufacture or construction of any supplies, materials, or equipment covered by this bid shall be new. The items bid must be new, the latest model, of the best quality, and highest grade workmanship. ACCEPTANCE: The material delivered under this proposal shall remain the property of the seller until a physical inspection and actual usage of this material and/or service is made and thereafter accepted to the satisfaction of the City and must comply with the terms herein, and be fully in accord with specifications and of the highest quality. In the event the material and/or services supplied to the City is found to be defective or does not conform to specifications, the City reserves the right to cancel the order upon written notice to the seller and return product to seller at the seller's expense. RFQ 2009-06 REBID DEFAULT PROVISION: In case of default by the bidder or contractor, the City of Delray Beach may procure the article or services from other sources and hold the bidder or contractor responsible for any excess costs occasioned or incurred thereby. 8. COPYRIGHTS OR PATENT RIGHTS: Bidder warrants that there has been no violation of copyrights or patent rights in manufacturing, producing, or selling the goods shipped or ordered as a result of this bid, and seller agrees to hold the City harmless from any and all liability, loss, or expense occasioned by any such violation. 9. COMPLIANCE WITH SAFETY STANDARDS: A. All equipment, machinery, electrical appliances, cords and apparatus shall comply with all provisions of the Florida State Safety Standards. B. Whenever a bid is sought and services secured for any type of on-site construction the awarded bidder shall remove from the work site at the end of each working day all rubbish and waste debris resulting from his operations. The awarded bidder shall also secure the work site before leaving at the end of each working day. 10. MANUFACTURER'S CERTIFICATION: The City of Delray Beach reserves the right to request from bidders separate manufacturer certification of all Statements made in the proposal. 11. SIGNED PROPOSAL CONSIDERED AN OFFER: This signed proposal shall be considered an offer on the part of the bidder or contractor, which offer shall be deemed accepted upon approval by the City Manager and/or City Commission of the City of Delray Beach and in case of default on the part of the bidder or contractor after such acceptance, the City of Delray Beach may take such action as it deems appropriate including legal action for damages or specific performance. 12. LIABILITY, INSURANCE, LICENSES AND PERMITS: A. PERMITS: Where bidders are required to perform work on City structure(s) or property as a result of bid award, the City will waive the cost for permits. Contractor shall pay for permits for all other work. B. LICENSES: If you are not licensed to perform work in the City of Delray Beach you MUST obtain an Occupational License within 10 business days of the notice of award. C. LIABILITY INSURANCE: The City prefers the insurance and bonding companies have a BEST Rating no less than A-, VII or better. If you have any questions regarding the City's Insurance and/or Bond requirements, please contact the City's Risk Management Office at (561) 243-7150. See the Insurance Requirements contained in this RFP. A "sample" certificate has been attached. 13. SPECIFICATIONS: A. For purposes of evaluation, bidder must indicate any variances from our specifications and/or conditions, NO MATTER HOW SLIGHT. If variations are not stated in the proposal, it will be assumed that the product or service fully complies with our specifications. B. Any omissions of detail specifications stated herein that would render the material/service from use as specified will not relieve the bidder from responsibility. RFQ 2009-06 REBID 14. AWARD OF CONTRACT: The City of Delray Beach reserves the right to accept any Bid or combination of Bid alternates which, in the City's judgment will best serve the City's interest, reject any and all Bids, to waive any and all informalities and/or irregularities, and to negotiate contract terms with the Successful Bidder, and the right to disregard all non- conforming, non-responsive, unbalanced or conditional Bids. The City reserves the right to reject any or all Bids, or any part of any Bid, to waive any informality in any Bid, and to award the purchase in the best interest of the City. Discrepancies in the multiplication of units of work and unit prices will be resolved in favor of the unit price. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. 15. TAXES: The City of Delray Beach is exempt from any sales tax imposed by the State and/or Federal Government. Exemption certificates certified upon request. State Sales Tax Exemption Certificate No. 85-80126215590-4 appears on each purchase order. 16. FAILURE TO BID: If you do not bid, return "Statement of No Bid Form" and state reason. Otherwise, YOUR NAME MAY BE REMOVED FROM OUR MAILING LIST. 17. EXCEPTIONS TO CONDITIONS Any time Bid Specifications differ from the General Conditions, Bid Specifications and Special Provisions will prevai I. 18 RENEWAL: The City Manager may renew the contract, at the same terms, conditions, and prices, THREE (3) consecutive term(s) of ONE (1) year(s) subject to vendor acceptance, satisfactory performance and determination that renewal will be in the best interest of the City. 19. ANTI-COLLUSION: A. Bidder certifies that this bid is made without prior understanding, agreement, or connection with any corporation, firm or person submitting a bid for the same materials, services, supplies, or equipment and is in all respects fair and without collusion or fraud. B. No premiums, rebates or gratuities permitted; either with, prior to, or after any delivery of material or provision of services. Any such violation may result in contract cancellation, return of materials or discontinuation of services and the possible removal from the vendor bid list(s). 20. CONFLICT OF INTEREST: A. Bidder declares and certifies that no officer, employee or person whose salary is payable in whole or part from the City of Delray Beach is directly or indirectly interested in this bid or in the supplies, materials, equipment or services to which it relates or in any portion of the profits thereof; or B. The award is subject to provisions of State Statutes and City Ordinances. All bidders must disclose with their bid the name of any officer, director or agent who is also an employee of the City of Delray Beach. Further, all bidders must disclose the name of any City employee who owns, directly or indirectly, an interest of ten percent (10) or more in the bidder's firm or any of it's branches. RFQ 2009-06 REBID 21. NON-DISCRIMINATION: The Bidder shall not discriminate against employees or applicants for employment because of race, creed, color, religion, sex, age, handicapped status, disabilities, or national origin. The Bidder will endeavor to ensure that applicants are employed and that employees are treated during employment, without regard to their race, creed, color, religion, sex, age, handicapped status, disabilities, or national origin. Such action shall include but not be limited to the following: employment, upgrading, demotion, or transfer; recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training including apprenticeship. The bidder agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. These provisions apply to all subcontractors and it is the responsibility of the subcontractors to be in compliance. 22. DISCRIMINATION: An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid on a contract to provide goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not award or perform work as a contractor, supplier, subcontractor, or consultant under contract with any public entity, and may not transact business with any public entity. RFQ 2009-06 REBID STANDARD FORM OF AGREEMENT BETWEEN CITY AND FOR WRECKERITOWING SERVICES FOR THE POLICE DEPT. RFP #2009-06 THIS AGREEMENT made this day of , 20_, by and between the CITY OF DEI.RAY BEACH {hereinafter called CITY) and {hereinafter called CONTRACTOR}. WlTNESSETH: The CITY and the CONTRACTOR in consideration of the mutual covenants hereinafter set forth, agree as follows: 1. The undersigned CONTRACTOR hereby represents that he has carefully examined all Contract documents, and will perform the contractual requirements pursuant to all covenants and conditions. 2. The CONTRACTOR, as evidenced by the execution of this contract, acknowledges #hat it has examined the physical characteristics of the job requirements. The CONTRACTOR further acknowledges that the bid price includes all costs and expenses required for the satisfactory completion of the contracts requirements. 3. The contract between the CITY and the CONTRACTOR include the following documents which are attached hereto and incorporated herein by reference of the following: CONTRACT DOCUMENTS RFP cover sheet and General Conditions Skandard Form of Agreement Corporate Acknowledgment Certificate Insurance Requirements Sample Insurance Form Drug Free Work Place Certification Specifications Proposal (Schedule of Pricing) Bid Signature Page Statement of No Bid References Addenda numbers PAGE NUMBERS 1-5 6-8 9 10 11 - 12 13 - 15 16 17- 28 29 - 30 31 32 33 to ,inclusive, and any modifications, including Change Orders, duly delivered after execution of this Agreement. 4. The term of this contract shall commence on the date provided by the City. 5. This agreement shall be governed by the laws of the State of Florida as Now and hereafter in force. The venue for actions arising out of this agreement shall be Palm Beach County, ~~=lorida x~Q Zoos-os RESOD ~ 6. All notices, requests, demands, and other given if personally delivered or mailed, ~--certified mail, return receipt requested, to the following addresses: As to City: City of Delray Beach, FL 100 NW 1st Avenue Delray Beach, FL 33444 As #o CONTRACTOR: JG• 7. The CONTRACTOR shall not, without prior written consent of the CITY, assign any portion of its interest under this contract and, specifically, the CONTRACTOR shall not assign any moneys due or to become due without the prior written consent of the CITY. 8. The C[TY and the CONTRACTOR each binds himself, his partners, successors, assigns and legal representatives to the other party hereto in respect to all covenants, agreements and obligations contained in the contract documents. 9. In consideration of ten dollars ($10.00} and other valuable consideration, the --CONTRACTOR shall defend, indemnify and save harmless the CITY, its officers, agents and employees, from or on account of any liabilities, damages, losses and costs received or sustained by any person or persons by or in consequence of any negligence (excluding the sole negligence of the CITY), recklessness or inters#ional wrangfu! misconduct of the CONTRACTOR and any persons employed or utilized by the CONTRACTOR in the performance of this Request for Proposal. CONTRACTOR agrees that negligent, reckless or intentional wrongful misconduct includes, but is nat limited to, use of any improper materials or liabilities, damages, losses or costs caused by or on account of the use of any improper materials. CONTRACTOR agrees that negligent, reckless or intentional wrongful misconduct also includes but is not limited to the violation of any Federal, State, County or City laws, by-laws, ordinances or regulations by the CONTRACTOR, his subcontractors, agents, servants or employees. CONTRACTOR further agrees to defend, indemnify and save harmless the CITY from all such claims and fees, and from any and all suits and ac#ions of every name and description that may be brought against the CITY on account of any claims, fees, royalties, or costs for any invention or patent, and from any and all suits and actions that may be brought R.FQ 2009-06 REBID 7 against the CITY for the infringement of any and all patents or patent rights claimed by any person, `-firm, or corporation. The indemnification provided above shall obligate the CONTRACTOR to defend at his own expense or to provide for such defense, at the CITY'S option, any and all claims or liability and all suits and ac#ions of every name and description that may be brought against the CITY which may result from the operations and activities under this Contract whether the work be performed by the CONTRACTOR, his subcontractor or by anyone directly or indirectly employed by either. This indemnification includes ail costs and fees including attorney's fees and costs at trial and appellate levels. The CITY will pay to the CONTRACTOR the specific consideration of ten dollars and other good and valuable consideration as specific consideration for the indemnification provided herein. Furthermore, the CONTRACTOR acknowledges that the bid price includes said consideration for the indemnification provision. 10. This Agreement shall be considered null and void unless signed by both the CONTRACTOR and the CITY. 11. The contract documents constitute the entire agreement between the CITY and the CONTRACTOR and may only be altered, amended or repealed by a duly executed written instrument. IN WITNESS WHEREOF, the parties hereto have executed this Agreement, the day and year first above written. ATTEST: CITY OF DELRAY BEACH, FLORIDA City Clerk Approved as to form: City Attorney WITNESS: ;Print or type name and title) By: Rita Eliis, Mayor CONTRACTOR: BY: (Print or type name and title) RFQ 2009-06 REBID 8 CITY OF DELRAY BEACH REQUEST FOR PROPOSALS WRECKER/TOWING SERVICE FOR THE POLICE DEPARTMENT- RE-BID RFP #2009-06 SPECIFICATIONS A. DUTIES AND REQUIREMENTS OF WRECKER/TOWING SERVICES L It will be the responsibility of any contractor to assure continued compliance with all provisions and requirements set forth in this proposal established by the City Commission. 2. Contractor must submit names and addresses of all persons having financial interest in his business. A financial interest includes, but is not limited to, individual owners, partners, limited partners, officers, directors, and stockholders, indebted to the towing company in excess of $2,000. at the time the proposal is submitted. 3. Contractor shall have 10 business days after notification of the award to obtain a City Occupational License. 4. The Contractor must provide with their proposal package at the time the proposal is submitted: a. A complete list of equipment for review by the City. b. Statement of qualifications and experience for providing towing service. c. List of four (4) business related references. References submitted should be firms for whom services similar to those described herein have been performed. All references will be verified by City personnel. 5. To be eligible to respond to this RFP, the Contractor shall be regularly engaged in the towing business on a full-time basis in Palm Beach County (which means the contractor has an established business in Palm Beach County) and shall be able to produce evidence of prior experience in providing similar services continuously for the past (2) years in Palm Beach County. B. DEFINITIONS For the purposes of this Request for Proposal, the following definitions shall apply: 1. "Administrative Fee" shall mean the fee that is charged for title and lien search, advertising costs, and notification to the lien holder and owner of the vehicle. 2. "Commission" shall mean the City Commission of the City of Delray Beach, Florida. 3. "Department" shall mean the City of Delray Beach Police Department, which is the agency designated to implement, enforce, and monitor this contract. RFQ 2009-06 REBID 17 4. "Express Instruction" shall mean a clear, definite, and explicit request: (1) made orally or in writing by a police officer to recover, tow, remove, or store a specified and individual vehicle which is disabled or abandoned or parked without authorization, or whose operator is unable or unwilling to remove the vehicle; (2) made in writing by a property owner or duly authorized agent of the property owner to recover, tow, remove or store a specific and individual vehicle parked without permission of the property owner, or (3) made by telephone, in person, or in writing by vehicle owner or the authorized driver to recover, tow, remove or store a specific and individual vehicle which is under the lawful control of the vehicle owner or authorized driver requesting the towing service. Every request made in writing or in person must indicate the date and time of the instruction and must be signed by the police officer, the property owner or agent, or the vehicle owner or authorized driver in the presence of the person providing the requested service. Every request made by telephone must also be documented with the date and time of the call. 5. "Extra Labor" shall mean the amount of manpower that is reasonably needed above and beyond the operation of the tow truck to safely affect a removal of a vehicle or its load from the scene of an accident or other incident requiring a tow. 6. "Extra Time at Scene" shall be to safely effect a removal of a vehicle or its load from the scene of the accident, or other incident, requiring a tow that exceeds the initial one (1) hour. This charge shall only apply to the vehicle in which the extra time was expended. 7. "Industry" shall mean the business of recovering, towing, or removing vehicles and providing such vehicle storage services as maybe associated therewith. 8. "Operate" shall mean any person who provides for compensation the services of recovering, towing, or removing the vehicles and any vehicle storage services associated therewith. 9. "Operator" shall mean any person who provides for compensation the services of recovering, towing, or removing vehicles and any vehicle storage services associated therewith. Includes without distinction the owning entity of a towing firm and the driver of a tow truck. 10. "Person" shall mean any natural person, firm, partnership, association, corporation or other entity of any kind whatsoever. 11. "Property Owner" shall mean that person who exercises dominion and control over real property, including but not limited to, the legal title holder, lessee, designated representative of a condominium or homeowners association or any person authorized to exercise or share dominion and control over real property; provided, however, that "property owner" shall not mean or include a person providing towing services for compensation within the purview of this contract. 12. "Recover" shall mean to take possession of a vehicle and its contents and to exercise control, supervision and responsibility over it. 13. "Recovery" shall mean the removal of a vehicle from a canal or other body of water, a wooded area not readily accessible to a roadway (i.e. within a standard cable length) or when a vehicle is buried. RFQ 2009-06 REBID 18 14. "Remove" shall mean to change the location of a vehicle by towing it. 15. "Store" shall mean to place and leave a towed vehicle at a location where the person providing the towing services exercises control, supervision and responsibility over the vehicle. 16. "Tow" shall mean to haul, draw or pull along a vehicle by means of another vehicle equipped with booms, car carriers, winches or similar equipment. 17. "Towing" shall mean the act of moving one vehicle from one point to another (including hook-up, lift, and transport, using a vehicle commonly referred to as a tow truck). 18. "Tow Truck" shall mean any motor vehicle used to tow or attempt to tow another motor vehicle for compensation. 19. "Vehicle" shall mean an automobile, boat, truck, bus, trailer, semi-trailer, truck tractor and semi- trailer combination, recreational unit primarily designed as temporary living quarters which either has its own mobile power or is mounted on or drawn by another vehicle, or any other mobile item using wheels and being operated on the roads of the City of Delray Beach, Florida, which is used to transport persons or property and is propelled by power other than muscular power, provided, however, that the term does not include bicycles, mopeds, traction engines, road rollers or vehicles which run only upon a track. 20. "Waiting Time" shall mean the amount of time spent at a scene when a tow truck and operator has been summoned and is on scene but unable to proceed through no fault of the tow truck operator. C. AVAILABILITY AND STORAGE REQUIREMENTS 1. The Contractor shall provide continuous twenty-four hour on-duty or on-call service each day of the year, and there shall be an attendant on duty or on call at all times for the purpose of receiving and releasing stored vehicles. The Contractor agrees to release at once any vehicle which has not been marked "HOLD" during normal business hours (8:00 a.m. to 6:00 p.m., Monday through Saturday). A reasonable gate fee not to exceed $35.00 shall be charged those desiring an after hours release. Any vehicle which has been marked "HOLD" by the Department cannot be released without proper written authorization from the Police Department. All persons who shall apply for the release of a vehicle from Contractor shall present proper proof of ownership or right to possession. 2. The storage facility will be within the boundaries of the Palm Beach/Broward County line on the South, State Road 441 on the West, Hypoluxo Road on the North, and the Atlantic Ocean on the East. At time of Bid submittal the Contractor must have a suitable approved storage area within these boundaries. The Contractor shall maintain inside storage and outside storage facilities complying with all applicable building and zoning regulations of the City or County if located outside the municipal limits of the City but within the above-described geographical area. Garage and outside storage facilities shall be sufficient to store a minimum of one-hundred (100) vehicles towed by the contract until such time as such vehicles are lawfully reclaimed from the Contractor or otherwise legally disposed of. Vehicles which have been marked "HOLD" by the RFQ 2009-06 REBID 19 Department shall be stored at such compound for whatever period of time necessary in order to properly process the vehicle and any investigation involved. Personnel of the Department shall be permitted access to such vehicles at all reasonable time. 3. Storage facilities shall be subject to inspection and shall be approved by the City prior to Contractor approval. Storage facilities shall be subject to periodic inspections (during the term of the Contract) when deemed necessary by the Department. Notice of any discrepancies or deficiencies found by the Department shall be submitted to the Contractor in writing. The Contractor shall remedy the same within ten (10) days of receipt of such notice. 4. Vehicles stored inside shall be stored under lock and key. The Contractor shall protect all stored vehicles and any evidence of personal property contained therein from theft and damage in accordance with all reasonable Department instructions and directives. Contractor must have space available for storage of a minimum of two (2) vehicles. Contractors shall only charge for inside storage only when the Delray Beach Police Department Officer at the scene of the accident requests inside storage, or when requested by owner/operator of vehicle at the scene of accident. 5. All outside storage facilities shall be enclosed with a wall or substantial fence that will provide adequate security for stored vehicles or other stored items. All fences and walls shall be maintained in good repair throughout the time of award. Damage to such walls or fence shall be repaired within twenty-four (24) hours, unless extenuating circumstances exist, which must be brought to the Department's attention immediately. 6. The Contractor shall have signs posted at storage facilities clearly identifying the wrecker company, along with both business hours and after hours contact telephone numbers. A list will be prominently posted in the facility, including all maximum fees as approved by the City Commission. A list of such rates shall also be printed and such charges shall be provided to the owner or person lawfully in possession of each vehicle towed. The Contractor shall not charge for any service a fee that exceeds such posted or listed amount, nor shall Contractor perform any service that is not delineated on any such posted or listed vehicle without giving the owner of vehicle or the person lawfully in possession thereof, a written estimate of the amount that will be finally due and payable upon the rendition of the service. Established rates shall include: dollies, flatbed/car carrier, hoop-ups, winching, mileage, storage inside and outside, overturned vehicles, lock out and submerged vehicles. 7. Release of personal property situated in vehicles stored by the Contractor shall comply with Florida State Statute 713.78, except for such items as eye glasses, medication, perishable items, false teeth, baby seats, and similar items. All such items shall be available to be returned to the owner seven (7) days a week including holidays, at all reasonable times. Should the Contractor release any personal property, the owner or person entitled to possession thereof shall sign a receipt to the Contract for the same. D. WRECKER EQUIPMENT The Contractor shall comply with the following equipment requirements: RFQ 2009-06 REBID 20 1. Each wrecker used by the Contractor must be equipped with the following service equipment, each of which shall be specifically designed for the purpose of assisting at an accident scene: a. One (1) Heavy Duty Push Broom b. Shovel c. Two (2) snatch blocks d. Fire Extinguisher e. One (1) axe £ One (1) pinch bar, pry bar or crowbar g. First aid kits h. Bolt Cutters i. Motorcycles straps for Class (A) Trucks j. Jumper cables k. Flood lights on hoist to illuminate same at night 1. One (1) set of red highway reflectors m. Flares n. One (1) four way lug wrench 2. Class A Truck or Flatbed: Must have four (4) Class "A" Wreckers with the following specifications: a. Gross vehicle weight rating 15,000 lbs. b. Boom Capacity 20,000 lbs. c. Winching Capacity 8,000 lbs. d. Cable Size & Length 3/8" x 100" e. Wheel Lift Retracted Rating 7,500 lbs. £ Wheel Lift Extended Rating 3,500 lbs. g. Safety Chains (two ea.) 5.16' Grade 70 3. Class "B" Tow Truck: Must have one (1) Class "B" Wrecker with the following specifications: a. Gross vehicle weight rating 33,000 lbs. b. Boom Capacity 28,000 lbs. c. Winching Capacity (Dual 12,000 lbs.) 30,000 lbs. d. Cable Size and Length 1/2" x 150' e. Wheel Lift Retracted Rating 11,000 lbs. £ Wheel Lift Extended Rating 8,500 lbs. g. Safety Chains (two ea.) 3/8" Grade 70 4. Class "D" Tow Truck Minimum Ratings: One (1) Class "D" ton truck must be available with the following specifications: a. Gross Vehicle Weight Rating (Single Axle) 30,000 lbs. Gross Vehicle Weight Rating (Tandem Axle) 55,000 lbs. Air brakes, all tire capacity must equal axle rating, Device required to control disabled vehicle's brakes. RFQ 2009-06 REBID 21 b. Boom Capacity 100,000 lbs. c. Winching Capacity (Dual 25,000 lbs.) 100,000 lbs. d. Cable Size and Length 3/4" x 200' e. Wheel Lift Retracted Rating 55,000 lbs. £ Wheel Lift Extended Rating 17,000 lbs. g. Safety Chain (2 each) 1/2" Grade 70 5. Class "A" Tow Flatbed Minimum Ratings: a. Gross Vehicle Weight Ratings 15,000 lbs. b. Deck Capacity 10,000 lbs. c. Wheel Lift Capacity for 2nd Vehicle 3,500 lbs. d. Minimum Length 19' e. Winching Capacity 8,000 lbs. £ Cable Size and Length 3/8" x 50' g. Tie Down Chains or Straps (4 each) 5/16" Grade 70 6. Class "B" Tow Flatbed Minimum Ratings: a. Gross Vehicle Weight Ratings 33,000 lbs. b. Deck Capacity 20,000 lbs. c. Wheel Lift Capacity for 2nd Vehicle 4,000 lbs. d. Minimum Length 21' e. Winching Capacity 10,000 lbs. £ Cable Size and Length 7/16" x 60' g. Tie Down Chains or Straps (4 each) 5/16" Grade 70 7. Must have two (2) Class A Flatbeds (The Class A Flatbeds can be used toward meeting Class A Wrecker requirements). 8. Four wheel drive vehicle with 4000 lb. winch capacity, must be available. 9. All trucks shall be equipped with mobile communications. 10. In general, Contractor must assure the City that it will have available equipment capable of towing any automobile or truck from the streets and other public or private places upon request by the Police Department. All wreckers must be kept in good working conditions and meet the minimum safety requirements, not only as specified above and elsewhere, but in all applicable sections of the Florida Statutes. 11. Contractor shall have the ability to perform tows, on any City owned or leased vehicle, outside the City boundaries upon the need and request of the City. The cost shall be $7.00 per mile for each mile that is outside of the City boundaries. 12. At time of bid submittal, the Contractor must have the above listed equipment, unless otherwise stated. E. INSPECTION RFQ 2009-06 REBID 22 The Contractor will agree to permit regular periodic inspections by the City to assure that all criteria of this policy are met. F. OTHER REGULATIONS GOVERNING WRECKER OPERATIONS 1. Any individual operating a wrecker must have in his possession a valid applicable driver's license and must be eighteen (18) years of age or older. 2. The successful Contractor must be licensed by Palm Beach County, per Chapter 19, as amended, of the County Code of Ordinances. 3. All wreckers must have the name of the towing service (contractor) clearly printed on both sides of the wrecker. The wrecker operator or driver will be responsible for clearing debris from the street or highway. This not only means large obstacles, but also glass and small furniture. 4. All wreckers are expected to strictly adhere to Florida Statutes regarding operation of emergency equipment, and any county or municipal ordinance adopted which regulates the tow truck industry. G. CITY OWNED/LEASED VEHCILE TOWS All City owned or leased vehicles will be towed at no cost to the City. The cost for labor shall not be assessed under any circumstances for accidents that require the clean up and removal of vehicle parts/debris for any Police Department Vehicle tows. The Contractor agrees that the mere response to a service call without other action does not constitute a service for which charges are applicable. H. RATE SCHEDULE AND RESPONSIBILITY FOR CHARGES All costs incident to towing, recovery, and storage shall be paid by the owner or person in charge or possession of the towed and stored vehicle to the owner of the wrecker company, and a receipt for payment shall be issued to said person. The City shall assume no liability or responsibility for any vehicle removed from a owner's premises without the City's express instruction or the collection of the established fee. I. DUTIES AND RESPONSIBILITIES OF POLICE DEPARTMENT AND POLICE-ORDERED IMPOUNDMENTS In compliance with the policy of the Delray Beach Police Department, the following procedures shall be followed by all Police Department personnel when they have given express instructions to have a vehicle towed or stored shall: 1. Complete the Stored/Towed Vehicle Report at the scene prior to the vehicle being towed or stored. RFQ 2009-06 REBID 23 2. Fill in all available information, including the towing vehicle driver's name, and the license number of the tow truck used to provide the service on the front part of the Stored/Towed Vehicle Report. 3. Conduct a complete inventory of all items in the vehicle (i.e., C.B. radios, tape decks, tools, and all other items of value). This includes making note of whether an FM/AM radio or spare tine is missing, or if there is any damage to the vehicle's interior or exterior; 4. If the vehicle is locked, the individual requesting the tow shall open the vehicle, if possible, and inventory all items inside, including the trunk. If a crime has been committed, all loose items of value shall be turned into the Evidence Technician as evidence; 5. If the vehicle is locked and cannot be opened, list all items that can be seen from the outside of the vehicle to be stored or towed; 6. Have the tow truck operator verify and sign the inventory, and provide a copy of inventory to the tow truck operator. J. DUTIES AND RESPONSIBILITIES OF TOW TRUCK OPERATORS PROVIDING TOWING FOR IMPOUNDMENT PURPOSES 1. The Contractor shall maintain in his possession a manifest, towing invoice, or tow sheet which shall include, but not be limited to, the following information; a. Name of the Contractor and the operator physically providing the service; b. License number of the tow truck used to provide the service; c. Date and time that the service was requested; d. Name, address, and telephone number of the person requesting the service; e. Date and time the service was initiated; £ Location at which the service was provided; g. Destination to which the vehicle being provided the service is taken; h. Description of the vehicle being provided the service, including make, model, year, color, vehicle identification number and license number, if any; i. Description of services provided, and j. Cost(s) for the service(s) provided. 2. Each manifest, towing invoice, or tow sheet shall be available for inspection upon demand by City personnel authorized to perform enforcement duties. K. AUTHORIZATION TO TOW The Contractor shall furnish towing service for the removal, recovery, and towing of vehicles within the City limits whenever such services are dispatched or required by the Police Department. The Contractor shall also furnish adequate storage space for said vehicles when required. Such services shall be available on a 24-hour basis, seven days a week for the duration of the contract. RFQ 2009-06 REBID 24 L. CONTRACTOR'S LEGAL LIABILITY Contractor's legal liability for any towed vehicle and all property contained within such towed vehicle shall commence upon the attachment of a wrecker to the vehicle which is to be towed. The City shall have the right to cancel a request for the Contractor's service until the time that a wrecker is hooked onto a vehicle. The Contractor agrees that the mere response to a service call pursuant to explicit express instructions without other action does not constitute a service for which charges are applicable. M. NON-EXCLUSIVENESS OF SERVICE The owner or person in possession of any private (non-City) vehicle which has been involved in an accident, or whose vehicle has been incapacitated in any other manner, shall be given the opportunity to contact a wrecker or tow truck operator, provided the disabled vehicle is not creating a hazardous condition and the time which is required for the wrecker to respond will be reasonable. Nothing contained herein limits other towing companies from responding to request for services from any private person or property owner. N. RESPONSE TIME Towing vehicles shall be at the location which was requested of them within thirty (30) minutes from the time the towing company received express instructions from the Department. The Contractor shall be expected to keep equipment stationed in the area of Delray Beach in order to be able to comply with this requirement. O. APPROVED TOWING RATES Rates herein which have been established by the City are to remain firm and fixed for the term of the agreement. The rates charged by the towing companies to provide all labor, tools, materials, and equipment shall not be greater than the applicable maximum rates as provided by this agreement herein. Failure to adhere to this rate structure shall be grounds for contract termination. In the event an audit indicated the Contractor has not honored the established rate schedule, the Contractor will be liable for any and all overage charges to the customer. Rates for any extension term are subject to negotiation between the parties and any changes require City Commission approval. These rates are the only rates that will be charged owners of the vehicles under this Contract. P. SERVICE CHARGE -CHARGES FOR TIME AT THE SCENE AND COMPLICATIONS Cost of time at the scene, labor, or equipment needed within one (1) hour of arrival at the scene shall be included in the basic tow rate, unless the Officer on the scene authorizes complications charges. If, and only if, such time at the scene consumes more than one (1) hour, will the extra waiting time charge per fifteen (15) minutes or any fraction thereof, be assessed by the Contractor commencing one (1) hour after arrival at the scene. Assessment of complications charges will be per fifteen (15) minutes or any fraction thereof from the time the additional Contractor staff or equipment arrives at the scene and until the vehicle is towed from the scene, or the additional Contractor staff or equipment leaves the scene, whichever occurs first. RFQ 2009-06 REBID 25 The complications charges per fifteen minutes shall be all inclusive and include all necessary staff or equipment required to complete the recovery. The Contractor agrees that any extra waiting time or complications charge shall be authorized by the Officer on the scene, and so indicated on the vehicle storage receipt. Q. OTHER RATES No other rates, including mileage or additional hourly rates, other than those listed in the Established Rate Schedule will be levied against the vehicle owner for any towing and recovery service. Only with express authorization from the City may any rates in addition to what is specified in the Established Rate Schedule be charges against any owner of a vehicle being towed. R. CONTRACT TERM Term of the contract shall be for a period of three (3) years commencing upon January 31, 2009. The City reserves the right to renew the contract for an additional three (3) consecutive terms of one (1) year periods per uara~rauh #18, of the General Conditions of this Request for Proposal. S. CONTRACT CONTINUITY In the event services are schedule to end either by contract expiration or by termination by the City of Delray Beach (at the City's discretion), it shall be incumbent upon the Contractor to continue the service, if requested by the City, until new services can be completely operational. At no time shall this transition period extend more than ninety (90) days beyond the expiration date of the existing contract. The Contractor shall continue to pay the franchise fee to the City during the extension period on a pro- ratedbasis. T. TERMINATION This AGREEMENT may be terminated by either party by seven (7) calendar day's prior written notice, in the event of substantial failure to perform in accordance with the terms hereof by the other party through no fault of the terminating party. The CONTRACTOR and the CITY shall also have a right to terminate this AGREEMENT for convenience (without cause) at any time providing thirty (30) calendar day's written notice to either one or the other. U. FRANCHISE FEE The successful Contractor shall pay the City of Delray Beach the annual franchise fee specified in its bid. The franchise fee is payable to the City of Delray Beach in four (4) quarterly payments, with the first payment due within two (2) weeks of the commencement of the Contract by the City of Delray Beach. Payments 2, 3, and 4 shall be due 90, 180, and 270 days respectively from the date of the commencement. Payments for second and third years of this Agreement shall be identical to year one and each additional one year renewal approved by City per Section R "Contract Term". V. EVALUATION RFQ 2009-06 REBID 26 Evaluation of proposals received will be conducted by a committee of City staff who shall evaluate all responsive applications received from applicants meeting or exceeding the contract specifications based upon the information and references contained in the applications. The committee will then make recommendations to the City Manager. The City Manager shall then turn over his/her recommendation to the City Commission. The City Commission reserves the right, based upon its deliberations and its opinion, to award the contract to any contractor that in the City Commission's sole opinion, will be in the best interest of the City. Evaluation method -proposals will be evaluated in accordance with the criteria listed below: a) Franchise fee 50 points The highest franchise fee provided from a responsible bidder shall receive 50 points. For each $5,000.00 or less increment franchise fee amount below the highest franchise fee, 1 point will be deducted for each increment. For example if the highest franchise fee bid received is $75,000.00, then someone submitting a fee amount of $50,000.00 would receive 45 points. In the event that two or more bidders list the same amount as a franchise fee, the same number of points will be given to each. b) Customer Service/Teamwork (during last 5 years) 20 points 1) Cooperative attitude (must give examples and documentation from customers) 2) willingness to go out of your way to provide excellent customer service (must give examples and documentation from customers); must also provide references 3) community involvement -list the programs and community events that you have participated in. 4) consumer complaints as recorded by any governmental or commercial entity. Must give contact names and numbers for all commercial and governmental customers. Must also provide written documentation of how customer complaints are handled. c) Response Time 20 points The lowest response time submitted by all bidders shall receive the most points. The bidders must provide reliable support and documentation within the last year that indicates the feasibility of the response time listed. The City, in its sole discretion, is the sole judge of the accuracy and competence of response time documentation. The City may determine that due to the actual location of the storage yard the response time submitted is not feasible and may award points the City determines in its sole and absolute discretion is more appropriate. d) Experience 10 points RFQ 2009-06 REBID 27 The owner of the towing company shall have two (2) consecutive years of experience. The owner must submit documentation showing the experience asserted in the bid. The Selection Committee may take into account the past performance (in the past five (5) years) of the Bidder as it relates towing for the City or other governmental entities. TOTAL The scoring of points shall be as follows: 100 points Subsection (a) -Each member of the Selection Committee shall rate each Bidder from 0 (worst) to 10 (best). Subsection (b) -Each member of the Selection Committee shall rate each Bidder from 0 (worst) to 4 (best). Subsection (c) -Each member of the Selection Committee shall rate each Bidder from 0 (worst) to 4 (best). Subsection (d) -Each member of the Selection Committee shall rate each Bidder from 0 (worst) to 2 (best). After each member of the Selection Committee has ranked all the Bidders in the four categories then all of the points for each Bidder from each Selection Committee member shall be added and totaled. The successful Bidder shall have the most points. In the event of a tie, a drawing will be conducted to determine the successful Bidder. The selection committee shall make its recommendation to the City Manager based upon the bidder with the most points. W. PUBLIC ENTITY CRIMES A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. CITY OF DELRAY BEACH RFP 2009-06 SCHEDULE OF PRICING AND ESTABLISHED RATE SCHEDULE **Established rates -rates established by the City herein are the only rates that may be charged by the contractor. All rates to remain firm for any resulting contract period. City will not guarantee any specific number of tows, etc., during the contract period. RFQ 2009-06 REBID 28 CITY OF DELRAY BEACH RFP 20Q9-Q6 v SCHEDULE OF PRICING AND ESTABLISHED RATE SCHEDULE **Established rates -rates established by the City herein are the only rates that may be charged by the contractor. All rates to remain firm for any resulting contract period. City will not guarantee any specific number of tows, etc., during the contract period. SECTION I, TOWING REMOVAL, AND RECOVERY (ONE HOUR SERVICE AT THE SCENE). DESCRIPTIONS UNIT PRICING A. Class A (cars, vans, light trucks) $110.00 ea. tow { 1) Extra time at the scene {per 114 hr.) $28.00 per''/a hour (2) Dollies $35.00 ea. B. Motorcycles $75.00 ea. tow _~ (1) Extra time at the scene (per 114 hr.) $19.00 per '/a hour C. Trucks aver 10,000 GVW $155.00 ea. tow (1) Extra time at the scene (per 114 hr.) $39.00 per'/4 hour D. Tractor & Trailer $250.00 ea. tow (1 } Extra time at the scene (per 114 hr.) $ 63.00 per %, hour E. Junk or Abandoned Vehicles within City shall be the same as provided in a, b, c or d above. F. Road Service (City Vehicles or leased vehicles) $50.00 ea. call per call to include but not limited to: a) Assist start b) Change tire c) Unlocking door d) Provide enough gas if City vehicle runs low to return to facility RFQ 2009-06 REBID 29 SECTION If . STQRAGE RATES AND ADMINISTRAT'IV'E FEE `~ The following rates are for the storage of vehicles. Fursuant to Section 713.7$(2)(c}, Florida Statues, "No storage fee snail be charged if the vehicle is stared for less than six (6} hours. nESCRI Tloxs vNrr PRICIN A. Inside Storage Per Day (1) Cars $34.4(3 per day (2) Motorcycles and Scooters (3) Any vehicle or Trailer aver 20 feet $20.44 per day $40.00 per day B. Outside Storage per Day (1) Gars $5.40 per day (2} Motorcycles and Scooters (3} Any vehicleltrailer over 20 feet $15.00 per day $35.04 per day C. Lien -Title Administrative Fee (1} Ta be charged after 24 hours .{per vehicle) $45.00 one {1) time charge SECTION III. FRANCHISE FEE A. Total annual h'ranchise Fee payable td City. Amount to be paid annually to the City in~fowr (4} quarterly payments. $ ~ 07 ~ per Y~ ' Total Annual Fee Proposers may be selected for an interview prior to a recommendation being presented to the City Commission. As the best interes# of the City may require, the right is reserved to reject any and all proposals ar waive any minor irregularity or t~hnicality in proposals received. Proposers are cautioned to make no assumptions unless their proposal has been evaluated as being responsive. r~Q zoo4-t~ x~Bin 30 MEMORANDUM TO: Mayor and City Commissioners FROM: Lula Butler, Director, Community Improvement DATE: January 8, 2009 SUBJECT: AGENDA ITEM 9.A. -REGULAR COMMISSION MEETING OF .TANUARY 20, 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 20, 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 20th day of January, 2009, by a vote of in favor and opposed. Rita Ellis, Mayor ATTEST: Chevelle Nubin, City Clerk 2 Z O H ~" Q W J W ~-' 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 Si n 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: January 13, 2009 SUBJECT: AGENDA ITEM 9.B. -REGULAR COMMISSION MEETING OF .TANUARY 20, 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 a generator fuel capacity of five hunderd fifty (550) gallons and has determined that this would most likely allow continuous generator operation for approximately one hundred (100) hours at a thirty percent (30%) load (Note: applicant's request is fora 500 gallon capacity). 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 (500) 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 20, 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 500 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 Does the request to waive the minimum 120 hour generator operating time requirement and to allow a 500 gallon tank and the resulting generator operating time meet all the requirements of 2.4.7(6)(5) subject to the condition that Worthing Place shall establish an agreement with a diesel fuel provider to provide for replenishment in the event of an extended power outage, so that the generator will be operational until power is restored? 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 20th 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: ESTELIO BRETO, SENIOR PLANNER PAUL DORLING, AICP, DIRECTOR PLANNING AND ZONING THROUGH: CITY MANAGER DATE: January 15, 2009 SUBJECT: AGENDA ITEM 9.C. -REGULAR COMMISSION MEETING OF .TANUARY 20, 2009 SITE PLAN EXTENSION REQUEST/ROBOTIC SPACE SAVERS ITEM BEFORE COMMISSION Consideration of a site plan extension request to construct aself-storage facility to be known as Robotic Space Savers pursuant to LDR Section 2.4.4(F)(1) and (3). Pursuant to LDR Section 2.4.4(F)(1), extensions may be granted to the previously approved application pursuant to the following: • A written request for an extension must be received by the City at least forty-five (45) days prior to the expiration date; • The letter must set forth the basis and reason for the extension; • The extension shall be considered by the same body which granted the original approval; • The extension, if granted, shall be for eighteen (18) months unless otherwise stated. BACKGROUND The subject 0.99 acre property is located on the south side of Conklin Drive, south of Tire Kingdom with frontage on Military Trail. The property is currently vacant and the applicant is proposing to build a 3-story self storage building (Robotic Space Savers) with associated parking and landscaping. Ordinance No. 5-06, which annexed the property and applied a FLUM designation of Transitional and zoning designation of Special Activities District (SAD) was approved by City Commission on second reading on July 25, 2006. This SAD zoning was tied to a site plan for Robotics Space Savers. This Class V site plan, landscape plan, and architectural elevations is associated with the construction of the 3- story self storage building. At its meeting of July 11, 2006, the City Commission overturned a SPRAB decision for denial, and approved the Class V site plan, landscape plan, and architectural elevations for Robotic Space Savers. Construction of the improvements associated with the approved site plan has not commenced and the site plan approval is set to expire on February 6, 2009. A written request to extend the site plan approval was filed within the forty-five (45) days required by LDR Section 2.4.4(F). Additional background information and full analysis of the proposal can be found in the original Site Plan Review and Appearance Board (SPRAB) staff report dated May 24, 2006 and Ordinance 4-07. LDR Section 2.4.4(F)(3) "No Construction" Pursuant to LDR Section 2.4.4(F)(3), when the project has not commenced construction, or construction is not deemed substantial, the request for extension shall be considered pursuant to the following: (a) The project shall be evaluated pursuant to the LDR's in effect at the time of consideration of the extension request and shall comply with such current requirements; (b) Additional submittal information including a new application and copies of previously submittal material may be required; (c) The granting body must make findings pursuant to 2.4.4(B); (d) The granting body may impose additional conditions of approval pursuant to 2.4.4(C) to insure compliance with any applicable changes to regulations or changes in circumstances which have occurred since the previous approval. The applicant submitted the following statement regarding the delay in construction of the proposed project and the reasons for the extension request. "Despite diligent effort on the part of the property owner to bring this project to construction, such has not been possible due primarily to difficulties with financing, caused by the current banking environment. Further, the current slump in the general economy has negatively impacted the project pro forma, because the level of disposable income available to a high percentage of the household that make up the primary market base for this type of facility has substantially diminished. The applicant believes that these two factors will improve significantly within the next 18 months. The property owner has also spent considerable time and effort in the evaluation of appropriate and achievable modifications to the approved drainage plan for the project, in an attempt to reduce the cost of the system. Finally, the property owner has been working to test and improve the robotic technology that is intended to be used at the facility. " The City has recently processed various extension requests for residential and mixed use projects that were approved in the past several years and have not been built due to the slow-down in the real state market. Given the fact that market forces are not directly under control of individual developers, the City generally supports extension of approvals for projects that have not commenced construction. It is noted that on March 7, 2007, the project received final certification by the Planning and Zoning Department. The applicant has continued to work diligently and with good faith in its efforts to build the project. A weakening economy as a result of a "soft" real estate market is indeed a reasonable external circumstance that has hindered the construction of the development. Based on the down-turn in the real estate market, it is reasonable to grant the extension of the site plan since this issue is beyond control of the developer. There have been no changes in the LDR since the time of the original approval which would make any aspect of the development proposal for the Robotic Space Savers non-conforming. Similarly, the original findings of Concurrency, Future Land Use Map and Comprehensive Plan Consistency and Compliance with the LDR can be reaffirmed [LDR Article 3.1]. Pursuant to LDR Section 2.4.4(F)(1)(d), eighteen month extensions are allowed by code unless otherwise stated. The applicant has specifically requested an 18 months extension for the site plan. Based upon the above, the extension request would be valid through August 6, 2010, as requested by the applicant. RECOMMENDATION Move approval of the request for an extension of the Site Plan approval to establish aself-storage facility to be known as Robotic Space Savers, by adopting the findings of fact and law contained in the staff report, and finding that the request is consistent with the Comprehensive Plan and meets criteria set forth in Land Development Regulations, Section 2.4.5(F)(5), and Section 3.1.1. IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA EXTENSION REQUEST FOR SITE PLAN APPROVAL GRANTED TO ROBOTIC SPACE SAVERS ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA 1. The above named site plan extension request has come before the City Commission on January 20, 2009. 2. This site plan extension request comports with the future land use element, is concurrent with the Comprehensive Plan and is consistent with the goals, policies and objectives of the City's Comprehensive Plan. 3. The Applicant and City staff presented documentary evidence and testimony to the City Commission pertaining to the site plan extension request for Robotic Space Savers. All of the evidence is a part of the record in this case. Required findings are made in accordance with LDR Section 2.4.4(F)(1) and (F)(3). 4. Section 2.4.4(F)(1) requires certain preliminary requirements to be met, such as: A written request submitted at least 45 days prior to the expiration date; The request must set forth the basis and reason for the extension; The request must be considered by the same body that granted the approval; The extension, if granted, shall be for a term of 18 months unless otherwise stated. Have the preliminary requirements of Section 2.4.4(F)(1) been met? Yes No 5. In making a determination under LDR Section 2.4.4(F)(3) the Commission shall consider the following: (a) The project shall be evaluated pursuant to the land development regulations in effect at the time of consideration of the extension request and shall comply with such current requirements; (b) Additional submittal information including a new application and copies of previously submittal material may be required; (c) The granting body must make findings pursuant to 2.4.4(8); (d) The granting body may impose additional conditions of approval pursuant to 2.4.4(C) to insure compliance with any applicable changes to regulations or changes in circumstances which have occurred since the previous approval. Have the requirements of Section 2.4.4(F)(3) been met? Yes No 6. The comments and notes set forth in the staff report are hereby incorporated herein. 7. The City Commission has applied the LDR requirements in existence at the time the site plan extension request was submitted and finds that its determinations set forth in this Order are consistent with the Comprehensive Plan. 8. 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. 9. Based on the entire record before it, the City Commission approves _ denies the site plan extension request to allow the previous site plan approval, subject to the original conditions of approval, to be valid until August 6, 2010. The City Commission hereby adopts this Order this 20t" day of January, 2009, by a vote of in favor and opposed. Rita Ellis, Mayor ATTEST: Chevelle Nubin City Clerk 2 _ r _~ . ~~;t a t r ;; ~~ ~. ~ J~~d~. June 3, 2008 ~~r~ ~ ~ ~~ ~ ~ vul ;.~ a ~-~ . Paul Dorling, AICP, birector Planning & Zoning Department City ofDelray Beach 100 N. W. 1St Avenue Delray Beach, Florida 334d-4 SUBJECT: ROBOTIC SPACE SAVER-CLASS V SITE PLAN APPROVAL-~ REQUEST FOR 18 MONTH EXTENSION FROM EXPIRATION DEADLINE. Dear Mr. Dorling: Please accept this letter our formal request far an eighteen (18) month extension from the July 25, 2008 deadline to begin construction ofthe above referenced project. The property in question is located at the southwest corner of the intersection of Military Trail and Conklin Drive. The site plan for the project was approved by the City Commission on July 25, 2006. Despite diligent effort on the part of the property owner to bring Phis project to construction, such has not been possible due primarily to difficulties with financing, -~ caused by the cuzxent banking environment. Further, the current slump in the general economy has negatively impacted the project pro-forma, because the level of disposable income available to a high percentage of the households that makeup the primary rnarl~et base for this type of facility has substantially diminished. The applicant believes that these two_ factors will improve significantly within the next 18 months. The property owner has also spent considerable time and effort in the evaluation of appropriate and achievable modifications to the approved drainage plan for the project, in an attempt to reduce the cost of the system. Finally, the property owner has been working to test and improve the robotic technology that is intended to be used at the facility. Thank you for your attention to this matter. We look forward to your processing our request Please advise us if there is any additional information that you desire. Also, please keep us advised o f the time, dates and location o f any meetings involved in the consideration of this request. Very truly yours, ~~, -~~L. obert E. Basehart, AICP Executive Vice President .jUN ~ 5 2008 PL~~Nf[v'C & ~OlVIP~!G PugEiese Corporate Center e 101 Pugliese`s Way ®Suite 200 ®Delray $each, Florida ®33444 Tel 561 330 7000 ®Fax 561 330 7001 ®www.puglieseco.com r, ~~ r~~ui~~i«~ii~u~~~a~~~~~~~~~~ CFN 2Q107t~I1iD9528 OR E4I~ 21~~9 PG 073 REGE~tDED 0~l05l2007 ~:l3:96 Palm B~aah County, Florid Sharon R. Hoalt, GLF.RK ~ 3=AHPTR[rLLER Pis 073 - 735 ~Spgs7 oRDINANCE No. 4-a7 AN ORDINANCE OF THE CITY COMMISSION 4F THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE FUTURE LAND USE MAP DESIGNATION AS CONTAINED IN THE CQMPREHENSNE PLAN FROM COUNTY LR-3 (LOW RESIDENTIAL - 3 DU/AC}; TO TRN (TRANSITIONAL}, ELECTING TO PROCEED UNDER THE SINGLE HEARING ADOPTION PROCESS FOR SMALL SCALE LAND USE PLAN AMENDMENTS; AND REZONING AND PLACING LAND PRESEN'I~Y ZONED COUNTY CG/SE {COMMERCIA.L GENERAL/SPECIAL EXCEPTION) TO SPECIAL ACTIVITIES DISTRICT (SAD) DISTRICT; SAID LAND BEING A PARCEL DF LAND LOCATED AT THE SOUTHWEST CORNER OF CONKLIN DRIVE AND MILITARY TRAIL, AS MORE PARTICULARLY DESCRIBED HEREIN; AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, MARCH 2006"; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTNE DATE. WHEREAS, Boynton Properties LLC, is the fee simple owner of a 0.99 acre parcel of land located at the southwest corner of Conklin Drive and Military Trail; and WHEREAS, the subject property hereinafter described has an existing Future Land Use Map (PLUM) designation o£ County LR-3 (Low Residential -3 du f ac); and WHEREAS, the owner of the property requested to change the Future Land Use Map designation from County LR-3 (Low Residential -3 du/ac} to TRN (Transitional}; and WHEREAS, the property hereinafter described has a zoning classification of County CG/SE {Caminercial General/Special Exception); and WHEREAS, at its meeting of January 23, 2006, the Planning and Zoning Board for the City of Delray Beach, as Local Planning Agency, considered this item at a public hearing and voted 7 to 0 that the requests be denied, based upon a failure to make positive findings; and WHEREAS, pursuant to Florida Statutes 163.3174{4){c}, the Planning and Zoning Board, sitting as the Local Planning Agency, has detertxiined that the changes ara not consistent with and do not further the objectives and policies of the Gon~prehensive 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; and WHEREAS, it is appropriate that the Zoning Distort Map of the City of Delray Beach, Florida, be amended to reflect the revised zoning ciassiftcation. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. ThaC the recitations set forth above are incorporated herein. Section Z. That the Future Land Use Map designation of the subject property is hereby officially affixed as TRN {Transitional), Section 3. That the City of Delray Beach elects to make this small scale amendment by having only an adoption hearing, pursuant to Florida Statutes Section 1G3.3187{1){c)3. Section 4. That the Zoning District Map of the City of Delray Beach, Florida, be, and the same is hereby amended to reflect a zoning classification of Special Activities District {SAD} Zoning District for the following described property: Lots 1 through 4, inclusive, Block 2, "Rockland Park" as per the PIat thereof on file in the Office of the Clerk of the Circuit Corxrt in and for Palm Beach County, Florida as recorded in Plat Book 24, Page 23. Less the Following A portion of said Lot 1, as described in the right-of-way deed recorded in Official Records Book 33G2, Page 9, Palm Beach County Records. And Less the Following: A portion of said Lot 1, as described in the right-off way warranty deed recorded in Official Records Book 5G92, Page 1978, Palm Beach County Records. Section 5. That the Planning and Zoning Director of the said City shall, upon the effective date of this ordinance, amend the Zoning Map a£ the City of Delray Beach, Florida, to conform with the provisions of Section 4 hereof Section G. That aII ordinances ar parts of ordinances in conflict herewith be, and the same are hereby repealed, 2 ORD NO. 4-Q7 ~j ;, Section 7. That should any section or provision of this ordinance ar any portion thereof, any paragraph, sentence, ox word be declared by a court of competent jurisdiction to be invalid, such decisia~a shall nat affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 8. That this ordinance shall become effective as follows: thirty-one (31) days after adoption, unless the amendment is challenged pursuant to Section 143,3187(3}, F.S. If challenged, the effective date of this amendment shall be the date a final order is issued by the Department of Co~nunity Affairs, or the Administration Commission, finding the amendment in catnpliance with Section 143.3184, F.S. No development orders, development permits, or land uses dependent on this a~anendtnent may be issued or commence before it has become effective. l'f a final order of noncompliance is issued by the Administration Commission, this amendment may nevextheless be rz~ade effective by adoption of a resolution affirming its effective status, a copy of which resolution shall be sent to the Department of Community Affaixs, Buteau of Local Planning, 2555 Shumaxd Oaks Boulevard, Tallahassee, Florida 32399-2100. P D AND ADOPTED in regular session on second and final reading on this the day of 200. ATT>/ST: O R City Clerk First Readin ~ ~ ~~ Second Readin c~ ~.A ~~ 3 ORD NO. 4Q7 SITE PLAN REVIEW AND APPEARANCE BOARD -CITY OF DELRAY BEACH -~~STAFF REPORT-- MEETING DATE: May 24,2006 AGENDA ITEM: Iv.c. ITEM: Robotic Space Savers - Class V Site Plan, Landscape Plan and Architectural Elevations Associated with the Construction of One 3-story Self-storage Building with 51,59E sq. ft. of Storage Area and 1,000 sq. ft. of Office Floor Area, located on the Southwest Corner of Military Trail and Conklin Drive. LAKE I D A R D A D ~ tAKE iDA ROAD GENERAL DATA: OwnerlApplicant ......................... Adele C. Tartza Agent .......................................... Weiner & Aronson, P.A. Location ...................................... Southwest corner of Military Trai] and Conklin Drive. Property Size .............................. Existing County lsuture-Land Use Map Designation ........................ Proposed City !suture Land Use Map Designation ......................... Existing County Zoning ............... Proposed City Zoning ................. Adjacent Zoning ................North: East: South: West: Existing Land Use ...................... Proposed Land Use .................... Water Service ............................. Sewer Service ............................. 0.99 Acres LR-3-8 {Low Residential - 3 unitslacre) TRN (Transitional) CGISB {Commercial General Special Exception) SAD {Special Activities District) Automotive Commercial {AC} Residential Medium Density (RM} Multiple Family Residential -Low Derisi#y {LD) Palm Beach County Agricultural Residential {AR} vacant Safe and Secure self storage facility ~ 2" water main located along Military Trail, and also via an existing 8" main located on the east side of the subject property. Sewer service is available via connection to a 8" sewer main located along Military Trai[, and also via an existing 8" sewer main located on the east side of the subject. Ace J <_ N.w. er,~ cr. .~ a DR~vE 3 z q ~ . w, sm cr. Vi ~~~'~~ I = N.W. 2' Q N $. ~~ _ z }- WA 7KlNS ¢ I MOTOR LINES F" I~ 3RD 6R. ~ N~ P+16L1C SELF STORAGE ~~i~ TEXACO KINGDOM N. W. 3Rfl ST. EXTRA CLOSET STORAGE u.n ~ ~ - ' ~ o¢~~ ~ Posr ~^-"-` p--~ ~ OFFICE ~~ o~ - BOYS ~ FARMERS ~+ ~~~ MARKET a4 ~ SHDPPES OF ~`~ t DELRA Y TRA1L5 END PLAZA K.F.C. IV.C. - ET_~M 6EF_ORE~ THE B-OARD` -- % ; The action before the Board is approva! of the following aspects of a Class V Site Plan for the Robotic Space Savers, pursuant to LDR Section 2,4.5(F}: O Site Plan; O Landscape Plan; and ~ Architectural Elevations The subject property is located on the southwest corner of Conklin Drive and Military Trail. - -- - BACKGROUND' The subject property measures 0.99 acres and is located on the south side of Conklin Drive and to the south of Tire Kingdom with frontage an Military Trail. The property is bound #o the south by Sierra Vis#a attached single family homes. To the west the property is bounded by the Rockland Park subdivision containing single family homes located along Conklin Drive; and to the east (across Military Trail) by the High Paint of .Delray East Condo development. The subject property is currently vacant and the applicant is proposing to build a 4-story self storage building with associated parking and landscaping. The subject property is Lots 1, 2, 3, and 4, Block 2, Rockland Park. Previous development activity included approval of a special excep#ion with the County via Resolution No. 80-836 which modified the zoning from AG (Agricultural Distric#) to CS (Specialized Commercial District) for the four (4} io#s. Resolu#ion No. 80-837 approved on June 24, 1980 by the Board of County Commissioners allowed the construction of a funeral home on the property with certain conditions including right-of-way dedications, landscaping and a contribution for a signal. This development was never constructed. At its January 23, 2005 meeting, the Planning and Zoning Board recommended denial to the City Commission for the voluntary annexa#ian, FLUM Amendmen# from County LR-3 to Ci#y Transitional (TRN), and the ini#ial zoning designation of 5AD (Special Activities District) for the subject property, based on failure to make positive findings with respect to LDR Section 3.2.2.{D), 3.1.1.. (Future Land Use Map}, 3.1.1. (Compatibility}, 2.4.5.(D)(5) (Reasons for rezoning}, and inconsistencies with the Comprehensive Plan (more specifically, ,FLUM Element Policy A~1.7 and Objective A~1). Staff recommended the subject property be annexed with a Fu#ure Land Use Map designation of MD (Medium Density 5-12 dulac) and zoning designation of RL (Multiple Family Residers#ial -Low Density}, Ordinance No. 5-06, which establishes the Annexation FLUM and Rezoning to build a Robotic Space Saver Storage Facility on the subject property, went before the City Commission and was approved for Firs# Reading on February 7, 2006. It is not unusual far the Commission to approve an ordinance on first reading to move it along to a Public Hearing at second reading. In the case of an SAD development the Second Reading of the Ordinance is deferred until the Si#e Pfan Review and- Appearance Board {SPRAB} has reviewed the project for approval. That request for approval is now before Board for action. Site Plan Review & Appearance rG .afF Report -Mee#ing of May 10, 2006 Robotic Space Savers - Class V Site Plan, Landscape Plan, and Archi#ec#ural elevations Page 2 PROJECT D~'ESC'RiP__-T,ION '_ _ The development proposal consists of the following: • Construction of one 3-story self-storage building with 51,596 sq. ft. of storage area and 1,000-sq. ft. of office floor area; • Construction of 14 parking spaces, including one handicap accessible space; and • Installation of associated landscaping. - SITE PLAN: AN=ALYSIS- COMPLIANCE WITH THE LAND DEVELOPMENT REGULATIONS: items identified in the Land Developrnent Regulations shall specifically be addressed by the body taking fins[ action on the site and development appliicatlonlrequest. The Special Activities District {SAD) is a unique zoning district which requires submittal of a development plan concurrently with the establishment of the SAD, This is required because unlike conventional zoning designations, some of the development standards are those which are set forth on the site and development plan. The LDRs allow two alterna#ive approval process. The first requires processing of a complete site and development plan with at least preliminary engineering plans. The second alternative process option allows the proposed 5AD to proceed to first reading- based on a design submission, and prior to second reading, requires that the site development plan (including landscaping and architectural plans) be approved by .Planning and Zoning Board, and accompany the rezoning request to the second reading request to City Commission. The applicant has chosen the second alternative for this application and the following is an analysis of the proposed site plan. LDR Cha ter 4.3.3 S ecial . Re uirements for S ecific Uses: Self-Service Stora e Facilities The applicant will argue that he meets all the LDR requirements for this zoning district because he is creating the applicable LDR requirements via this specific-site plan application. While the SAD allows some additional flexibility not provided in other zoning districts, the LDR's do identify requirements that relate to the individual uses regardless of the zoning district they are proposed in. Therefore, regardless of the zoning category the following special requirements for self storage facilities identified in LDR Section 4.3.3 must be met. These include: LDR Section 4.3.3(A}{'I),_Lot Area Pursuant to LDR Section 4.3.3(A)(1 }, the minimum !ot area is two (2) acres, and the maximum lot area is five {5) acres. The site da#a calculations presented on the site plan indicate a total lot area of 43,153 square feet which is less than -the minimum two- (2) acres required. Consequently, the .proposed self storage facility does not meet this criteria and cannot be established at the proposed location without additional land aggregation. LDR Sec#ion 4.3,3(A)(2?, Outdoor Bay Pursuant to LDR Section 4.3.3(A}{2)(a}, an self-service story e faci[it which has outdoor bay- type access to storage units must be designed in such a way that creates acompound-like Site Plan Review & Appearance a,~ ,itaff Report _ Meeting of May 10, 2006 Robotic Space Savers - Class V Site Plan, f_andscape Plan, and Architectural Elevations Page 3 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, from the adjacent rights-of-way. The development proposal includes the installation of five {5) overhead doors along the north building elevation facing the Conklin Drive right-of-way. The overhead doors are associated with the development's Ioadinglunloading operations. These overhead doors will be visible from Military Trail right-of-way (southbound). The proposed site plan does not comply with this LDR requirement. Further; no attempt has been made to create the required compound-like structure. LDR Section 4.3.3(A](2)(b), Facilities and Requirements Pursuant to LDR Section 4.3.3(A)(2)(b), no building shall exceed fifteen feet (15') in height. The building. height depicted on the elevation indicates a height of 48` when measured to the roof deck and a height of 57' when measured to the mean level between the tie beam and the ridge (hipped} roof. This structure exceeds both the 15' maximum allowed by LDR Section 4.3.3 and exceeds the 48' maximum allowed for other uses under Section 4.3.4 which requires the height to be measured to the mean of the gable, hip, or gambrel roofs {57` is proposed). LDR Section 4.3.3(A) (2) (c), Parking: Special regulations of LDR Section 4.3.3(A}{2)(c), Self-Service Storage Facilities {SSSF), parking would be required at a rate of one (1) space per 5,000 sq. ft. of building floor area devoted to self-storage and accessory managementladministration uses. Based on thi;: site plan with a total of 52,596 sq. ft. of storage and office space, this equates to a total of eleven {11) parking spaces and 14 parking spaces are being provided. LDR Section 4.3.3 A 4 On-Site Mana er Re aired: All self=service storage facilities are required to have, and continuously maintain, an on-site manager, and provide on-site living quarters for such facilities. The proposed development does not provide an on-site living quarter and manager, and- thus, does not comply with this LDR requirement. LDR Section 4.3.3 A 5 Hours of O eration: Self-service storage facilities 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). The applicant has indicated that the hours of operation for the self storage facility will be 7:00 a.m. to 7:00 p.m. Monday through Friday and~9:00 a.m. to 5:00 p.m. Saturday and Sunday. if the proposed development is approved the Board may want to further restrict the hours of operation since morning and evening traffic into and out of the facility may negatively impact the character of the adjacent residential areas. LDR Section 4.6.4(B)(1) Special District Baundary Treatment: Industrial Zaninq Adjacent to Residential Zonin Pursuant to LDR Section 4.6.4(B)(1), where the rear or side of industrially-zoned property directly abuts residentially-zoned property without any division or separator between them, (such as a street, alley, railroad, waterway, park, or other public open space), the industrially zoned property shall provide a 60-foot building setback from the property line located adjacent to the residentially-zoned property. Site Plan Review & Appearance .r.. ~taf€ Report -Meeting of May 10, 2006 Robotic Space Savers - Class V Site Plan, Landscape Plan, and Architectural Elevations Page 4 The Self storage Facility Use is typically classified and categorized as conditional use in the Mixed Industrial and Commercial (MIC), Light Industrial {LI) and in the North Federal Highway General Commercial (GC) zoning district. The SAD zoning allows the creation of development stahdards via the site plan and the applicant has proposed a maximum of 25' along the west and 15' along the south. This type of setback is inadequate given the structures maximum height of 62' to the tip of roof. As the ro osed use is an industrial use, it appears appropriate to apply. 60-foot building setbacks from the west ,and south property line located adjacent to the residentially zoned properties. The property is adjacent to residentially zoned property to the south and .west (Sierra Vista and Rockland Park single family subdivision along Conklin Drive). The proposed site plan does not comply with this requirement as only 25' building setback has been provided from the property line (west) located adjacent to the residentially zoned property. Given the limited size of this parcel if appropriate setbacks were applied it would not allow the establishment of this use. This further supports the assumption that this type of use belongs an a larger parcel (minimum lot area has been identified in Section 4.3.4) and that the parcel be developed with an industrial type use given its proximity to residential uses. LDR Chapter 4.G Snpplementarv Districts Perimeter Setbacks for SADs Pursuant to Section 4.4.25(D}(1), a minimum setback of 15 feet steal! be established around the perimeter of any property developed under the SAD designation. Within the front and any side street setback, the 15-foot setback shall be landscaped and no pavement shall be allowed therein except far pedestrian ways and driveways which provide access to the property and which are generally perpendicular to the abutting street. The setbacks for the proposed building exceed the minimum requirement. The proposed building provides a 75'-10" front, 20' side street (north}, 15' side interior (south), and 25'-2" rear setback. While the minimum setbacks for the SAD designation have been met these setbacks are inadequate given the industrial nature of the use, and. the size and proximity of this use to adjacent residential uses. Special Landscape Setback `~~ Pursuant to 4.3.4(4){6)(b}{6}, along Military Trail, from the L-38 Canal northward to the L-30 Canal, a special landscape area shall be provided. This landscape area shall be the smaller distance of either 30' or 10% of the average depth of the property; however, in na case-shall the landscape area be less than ten feet (10'). The proposed development provides a 30' landscape setback along Military Trail. Thus, this LDR requirement has been met. Li htin Pursuant to LDR Section 4.6..8, site lighting, limited to a maximum height of '25', must be provided an-site and be consistent with the illumination level requirements included in this section. Further, cutoff luminaries or fixtures provided with cut-off shielding shall be used around the perimeter of a facility in order to limit glare and light spillage onto adjacent properties. The applicant. shall provide details of the cutoff luminaries or fixtures with cut-off shielding and light poles, and thus, this is attached as a condition of approval., In addition, the applicant shall revise the photometric plan to comply with the standard illumination levels established by the City of 4.0 f.c. maximum and a 1.0 f.c. minimum average, and- thus, this is attached as a condition of approval. Site Plan- Review & Appearance art ~iaff Report -Meeting of May 1 D, 2006 Robotic Space Savers -- Class V Site Plan, Landscape Plan, and Architectural Elevations Page 5 LDR Section 4,3.4 Base District Development Standards;~ Open Space Pursuant to LDR Section 4.3.4(K), within SAD zone district, a minimum,_of 25% open space is required. With a total of 36% provided, the open space LDR requirement has been met. LDR Section 6,1.8 Undergrounding of Utilities:- Pursuant to Section 6.'1.8, utility facilities serving the development shall be located underground throughout the development. A note to this effect has been added to the site and engineering plans. Summary The applicant will assert that by the nature of the SAD any and all proposals will comply with the LDR because the SAD zoning districts allows you to make up the rules you must comply with. This is not the case when special regulations for a specific type of use, regardless of the zoning district in which they are located, are identified in LDR Section 4.3.3. This application does not meet the height, minimum lot size, on site manager requirement, nor building type (i.e. compound with perimeter walls} requirements of the special regulations of the LDR. Therefore, positive findings with respect to compliance with the LDRs cannot be made and the application should be denied. Site & Engineering Plan Technical Items: While the revised site plan has been submitted, the Engineering Department has not reviewed the revised site plan. The original comments are included in Appendix C and are to be addressed prior to building permit submittal. LANDSCAPE` ANALYSIS = __ ' A landscape plan has been submitted and evaluated by the City Horticulturalist. The landscape plan generally complies with the City's landscape requirements. There is a technical item that needs to be addressed. Landscape Plan Technical Items: While the revised landscape plan has been submitted to accommodate staff concerns, the following landscape -plan technical item remains outs#anding, and will need to be addressed prior to building permit submission. All past landscape plan comments have been addressed. However, this revised landscape plan has a deficiency. Per 4.6.'l6(H)(3)(a) ahedge, wall or other durable landscape area shall be placed along the interior perimeter of the landscape strip that -.separates the vehicular use area from the adjacent right-of--way {adjacent to Military Trail). The l=ire Bush, which in this case is being use instead of a hedge, is centered within the landscape setback. The planting and a berm, should be moved back toward the parking Int with the swale retention area placed in front of it: ARCH'ITE=CTURAL 'ELEV.ATiO'NS LDR Section 4.6.18 B 14 Criteria for, Board Action; The following criteria shall be considered by the Site Plan Review and Appearance Board {SPRAB) in the review of plans for building permits. if the following criteria are not met, the application shall be disapproved: Sito Plan Review & Appearance` ,r~. ~tatf Report -Meeting of May 10, 2006 Robotic Space Savers -- Class V Site Plan, Landscape Plan, and Architectural Elevations Page 6 1 } The plan or the proposed structure is in conformity with good taste; good design, and in general contributes to the image of the City as a place of beauty, spaciousness, harmony, taste, fitness, broad vistas, and high quality. 2} The proposed structure, or project, is in its exterior design and appearance of quality such as not to cause the nature of the local environment or evolving environment to materially depreciate in appearance and value. 3} The proposed structure, ar project, is in harmony with the proposed developments in the general area, with the Comprehensive Plan, and with the supplemental criteria which may be set forth for the Board from time to time. The Bahamas shutters and window shutters lend a residentia[ character to the self~storage facility building. However, the commercial storefront with overhead doors and plain stucco finish of the first floor {north elevation} are inconsistent with the residential appearance of the second and third floor. FurEher, pursuant to LDR Section 4.3.4 a maximum of one story is allowed. Finally, the proposed parapet on the north and south side of the building appears to add monotony to the facades and is not in harmony with the architecture of the proposed metal roofs to the east and west side of the building. This feature should be re-designed and replaced at some intervals with a roofline similar to the eastlwest sides of the building to break the monotony of the facades. These recommendations and those mentioned above are attached as conditions of approval. if the architectural feature recommendations are addressed and the building elevations reduced positive findings with respect to LDR Section 4.6.18 (E} may be achieved. _ - REQU'IRED' FINDINGS _ Pursuant to I~DR Section 3.1.1 (Required Findings), prior to the approval of development applications, certain findings must be made in a form which is part of the official record. This may be achieved through information on the application, written materials submitted by the applicant, the staff report, or minutes. Findings shall be made by the body which has the authority to approve or deny the development application. These findings relate to the following areas LDR Section 3.1.1(A) -Future Land Use Map: Pursuant to Land Development Regulations Section 3.1.1 (A} (Future Land Use Map), all land uses and resulting structures must be allowed in the zoning district .within which the land is situated, and said zoning must be consistent with the land use designation as shown on the Future Land Use Map. Given the unique nature of the SAD zoning district the zoning is deemed consistent with the proposed land use designation. However, the resulting uses are to be compatible with surrounding existing development and character of the area. The resulting uses are predominantly allowed in industrial zoning disfiricts and are not. consistent with the adjacent development pattern to -the south, east, and west of the subject property, nor the residentia[ character of the area. Based on the above, positive findings cannot be made with respect to FLUM consistency. LDR Section 3.1.1{B} - Concurrency: Site Plan Review & Appearance ~ru .~caff Report - Meeting of May 10, 2006 Robotic Space Savers -- Class V Site Plan, Landscape Plan, and Architectural Elevations Page 7 The proposal involves amending the FLUM designation from County LR-3 (Low Residential, 3 dulac} to City TRN {Transitional} on a site, approximately 0.99 of an acre. The proposed FLUM Amendment is to accommodate a storage facility which will result in an increase in some impacts on adopted- concurrency standards. Concurrency findings with respect to Solid Waste, Water, and Sewer are discussed below: Solid Waste: The proposed 3-story building with 52,596 square feet of self storage floor area generates 138.74 tons of solid waste per year {52,596 sq.ft x 5.2.12,000 lbs. = 273,499 lbs or 136.74 tons). This amount of solid waste can be accommodated by existing facilities and thus, will not have a significant impact on this level of service standard. The Solid Waste Authority has indicated that its facilities have sufficient capacity to handle all development proposals and existing facilities till the year 2024. Water: Municipal water service is available via connection to a 12" water main located along Military Trail, and also via an existing 8" main located on the east side of the subject property. Pursuant .to the Comprehensive Plan, treatment capacity is available at the City's Water Treatment Plant at build-out. Sewer: Sewer service is available via connection to a 8" sewer main located along Military Trail, and also via an existing $" sewer main located on the east side of the subject property draining to a lift station at the southeast corner of the Tire Kingdom site. Pursuant to the Comprehensive Plan, treatment capacity is availabie at the South Central County Waste Water Treatment Plant far the City at build-out. LDR Section 3.1.1 (C) -Consistency (Standards for Site Plan Actions): As described in Appendix "A", a positive finding of consistency cannot be made as it relates to Standards for Site Plan Actions. LDR Section 3,1.1 (D) -Compliance with the Land Development Regulations: As described under the Site Plan Analysis section of this report, a positive finding of compliance with the LDRs cannot be made. The development does not meet several of the special regulations that apply to self storage uses regardless of zoning. Comprehensive Plan Policies: The following applicable Comprehensive Plan objective and policies are noted: Future Land Use Element Ob'ective A-2: To reduce and eventually eliminate, uses which are consistent with fine characfer of the City of Delray Beach, or which are inconsistent wifh predominant adjacent land uses, and fo insure compatibility of future development, the following policies shall be applied: Policy A-2,2 -Prior fio approv[ng any development application which comes before it, the applicable approving board must make a "finding of overall consistency" of the requested land use action with the objectives and policies of the Future Land Use Element, By utilizing the SAD ordinance process the applicant will introduce industrial or commercial type uses to the site. Office commercial and industrial uses particularly at this scale and mass are inconsistent and incompatible with the predominantly one-story residential character of the adjacent properties. Therefore a positive finding cannot be made with Future Land Use Element Policy A-2.2 of the Comprehensive Plan. Site Plan Review & Appearance ,ro .fF Report -Meeting of May 10, 2006 Robotic Space Savers - Class V Site Plan, landscape Pian, and Architectural elevations Page 8 Future Land Use Element Polic A-2.3: Development of remaining vacant properties shall occur in a manner which is consr`stenf wifh and complementary to adjacent development regardless of zoning designations. This policy shall be implemented through the review process associated wifh platting and site plans. The subject- property, if developed as a self storage facility will neither be complimentary nor. consistent with the adjacent uses located to the south and west (Sierra Vista and Rockland Park single family subdivision along Conklin Drive). Thus, a positive finding cannot be made with Future Land Use Element Policy A-2.3 of the Comprehensive Plan. Section 2.4.5 (F)(5) - Compatibility_(Site Plan Findin s : The approving body must make a finding that development of the property pursuant to the site plan wi[1 be compatible and harmonious with adjacent and nearby properties and the City as a whole, so as not to cause substantial depreciation of property values. The property is bordered by the following zoning designations and uses: Zonin Desi nation Use North: Automotive Commercial (AC) Tire Kingdom Auto Repair Facility South: Multiple Family Re~ D~ tial -Low Density Sierra Vista Multiple Family Subdivision East: Residential Medium ^ensity {RM} High Point of Delray East {Condo Development) Wes#: Palm Beach County Agricultural Residential Rockland Park Single Family (AR Subdivision (Aloe Conklin Drive) It is noted, that north of the subject property has a City Land Use Designation of CG {Commercial General} and is zoned AC (Automotive Commercial). The property is developed and contains an auto-repair and fire installation facility known as Tire Kingdom. Tire Kingdom was established by Resolution No.R-85-394 approved on March 5, 1985 by the Board of County Commissioners of Palm Beach County and annexed into the City with Ordinance # 65-04 approved by the City Commission at its meeting of November 16, 2004. Although Tire Kingdom facility is not consistent with the existing development pattern in the area it was given a City Land Use designation of General Commercial to avoid creating anon-conforming structure for an operation established on March 5, 1955. While campatibi[ity with the use to the north may be achievable the proposed use abuts one story residen#ial uses to the west, south and east. As identified earlier in the report given the adjacent development pattern to the west south, and east the proposed self storage facility will not be compatible and harmonious with the existing adjacent residential areas. Therefore, positive findings cannot be made with respect to LDR Section 2.4.5 (F}(5). _ - REVIEW B-Y OTHERS=- - The development proposal is not within a geographical area requiring review by the DDA (Downtown Development Authority} or CRA (Community Redevelopment Agency). Courtes Notices: ,A special courtesy notice was provided to the following homeowners andlor civic organizations: Site Plan Review & Appearance ., _ staff Report _ Meeting of May 9 0, 2006 Robotic Space Savers - Class V Site Plan, Landscape Plan, and'Architectural Elevations Page 9 ^ .PROD (Progressive Residents of Delray) ^ Carolyn Zimmerman, Presidents Council ^ Neighborhood Advisory Council ^ Gerald DeFoe ^ Gary Lord ^ Gary Horatsis ^ Nancy Monaco ^ Frances Chassen ^ High Point Delray West 1 ^ High Point Delray West 2 ^ High Point Delray West 3 Letters of objection or support, if any, will be presented at the Site Plan Review and Appearance Board {SPRAB) meeting. ?AS__SESSM'ENT AND CONCL=[JSION' _ The proposed self storage facility creates concerns with respect to compatibi[ity with the surrounding existing development, and its potential negative impact on the character of the area. The proposed development is not consistent with Future Land Use Element Objective A-2 nor with Future Land Use Element Policies A~2.2 and A-2.3 of the Comprehensive Plan, does not meet required findings under Section 2.4.5 (F}{5) (Compatibility) and does not comply with the Special Regulations of LDR Section 4.3.3 which apply to self storage uses regardless of the zoning district in which they are located. Given these factors required findings canno# be made and the request should be denied. ALTE:RN=ATIVE ACTIONS A. Continue with direction. B. Move denial of the Class V site plan, landscape plan, and architectural elevations for Robotic Space Savers, by adopting the findings of fact and law contained in -the staff report, and finding that the request is inconsistent with the Comprehensive Plan and does not meet criteria set forth in Section 2.4.5(G) and Chapter 3 of the Land Development Regulations. Cannot recommend approve subject to conditions as the plan would significantly change and should go back through the process =- 'STAFF R. E'COMM~ENDATION' Move denial of the Class V site plan, landscape plan, and architectural elevations for Robotic Space Savers, by adopting the findings of fact and law contained in the staff report, and finding that the request thereof is inconsistent with the Comprehensive Plan Future Land Use Element Objective A-2, Future Land Use Element PaGcies A-2.2 and A-2.3 and based upon a failure to make required findings to LDR Section 2.4.5 (F){5) {compatibility with adjacent properties) and Section 3.1.1 (D) (LDR compliance), more particularly LDR Section 4.3.3 (A) (Special Requirements for Specific Uses). Report prepared by: Estelio Breto, Senior P{anner Attachments: Appendix A, Appendix B, Site Plan, Landscape Plan and Architeotura[ Elevations. APPENDIX: A - _ --- STANDARDS- FOR S=_ITE -PLAN ACTLONS- - A. Building design, landscaping, and lighting {glare} shall be such that they do not create unwarranted distractions or blockage of visibility as it pertains to traffic circulation. Nat applicable I Meets intent of standard Does not meet intent X B. Separation of different forms of transportation shall be encouraged. This includes pedestrians, bicyclists, and vehicles in a manner consistent with policies found under Objectives D-1 and D-2 of the Transportation Element. Not applicable Meets intent of standard Does not meet intent C. Open space enhancements as described in Policies found under Objective B-1 of the Open Space and Recreation Element are appropriately addressed. Not applicable ~ X Meets intent of standard Does not meet intent D. The City shall evaluate the effect that any street widening or traffic circulation modification may have upon an existing neighborhood. If it is determined that the widening or modification will be detrimental and result in a degradation of the neighborhood, the project shall not be permitted. Nat ap licable X Meets intent of standard Does not meet intent E. Development of vacant land which is zoned for residential purposes shall be planned in a manner which is consistent with adjacent development regardless of zoning designations. Not applicable ~ X Meets intent of standard Does not meet intent p. Vacant property shall be intensity are appropriate physical considerations; remaining land use needs, Not applicable Meets intent of standard ^oes not meet intent X developed in a manner so that the future use and in terms of soil, topographic, and other applicable complementary to adjacent land uses; and fulfills G. Redevelopment and the development of new land shall result in the provision of a variety of housing types which shall continue to accommodate the diverse makeup of the City's demographic profile, and meet the housing needs identified in the Housing Element. This shall be accomplished through the implementation of policies under Objective B-2 of the Housing Element. Not applicable I X Meets intent of standard Does not meet intent H. The City shall consider the effect that the proposal will have on the stability of nearby neighborhoods. Factors such as noise, odors, dust, traffic volumes anti circulation patterns shat! be reviewed in terms of their potential to negatively impact the safety, habitability and stability of residential areas. If it is determined that a proposed development will result in a degradation of any neighborhood, the project shall be modified accordingly or denied. Not applicable Meets intent of standard Does not meet intent X Development shall not be approved if tra#fic associated with such development would create a new high accident location, ar exacerbate an existing situation causing it to become a high accident location, without such development taking actions to remedy the accident situation. Nat applicable ~ X Meets intent of standard Does not meet intent J. Tot lots and recreational areas, serving children from toddler to teens, shat! be a feature of all new housing developments as part of the design to accommodate households having a range of ages. This requirement may be waived or mod"died far residential developments located in the downtown area, and far infill projects having fewer than 25 units. Not applicable ~ X Meets intent of standard Does not meet intent _' AP PENDIX,~B -SITE PLAN ENG1N_EER TE-CHNICA Technical Comments: 1. Show site location plan and north arrow on plans. 2. Palm Beach County permits are required for this project. Provide copies of the County right-of- way permit, drainage permit and utility permit. 3. A Sl`WMD permit is required for this project. Provide copies of permit or a letter of exception. 4. A LWDD permit is required for this project. Provide copies of permit or a fetter of exception. 5. Indicate additional proposed elevations along south and west sides of building. E. Provide a typical cross section from building to adjacent right-of-way or adjacent property at all property fines. Pay particular attention to grade differential from proposed site to existing adjacent properties and show the existing grades an adjacent property. 7. Site is required to retain 5 year 1 hour storm {3.2") in addition to meeting water quality criteria (1"). Provide signed and sealed drainage calculations and indicate how storm water will be retained on site. 8. Provide certified exfiltration trench test results. 9. Provide 6 inch deep sodded Swale adjacent to Conklin Drive within the public rights-af way. Indicate Swale on engineering plans. 10. Provide inverts and rim elevations for all proposed drainage. 11. Provide paving cross section. 12. Clearly dimension driveway width. Maximum width of driveway is 24 feet. 13. Clearly indicate on plans the limits and types of all curbing. 14. Parking layout and striping need to follow City of Delray Beach standards. Provide standard City of Delray Beach City parking stall detail. 15. Indicate stop bars and signs at egress drives as well as providing interior traffic control markings and signage. Clearly indicate onsite traffic control. 16. Provide sidewalk adjacent to property line along Conklin Drive. Al] sidewalks shall be a minimum of 5' wide. 17. Indicate sight distances at all ingress/egress paints and a[i intersections. Sight triangles should be indicated on [andscape pions. Provide copy of the approved landscape plans. Per section 4.6.14 of l_DR's, any landscaping in the site triangle "shall provide unobstructed cross-visibility at a leve{ between 3' and 6"' this includes tree trunks. 18. Provide 12' water easement around new fire hydrant at SE property corner. 19. Provide note that water meter sizes are to be determined by the City of Delray Beach Utility Department upon building permit application and remove the size indicated on the engineering plans. 20. Engineer is to field verify location, size and depth of existing City of Delray Beach utilities prior to submitting Final Engineering Plans. 21. Provide on the plans current City of Delray Beach standard construction details as applicable. 22. All connections to existing water mains shall be made while the water main is under normal working pressure. If this cannot be accommodated, the design shall incorporate special provisions such as line-stops to minimize the impact on existing customer. 23. Indicate location of irrigation water meters or location of well. If well is being used, provide appropriate permits. 24. A water agreement with the City of Delray Beach must be executed. 25. Indicate typical configuration and location of proposed sewer services with cleanouts. 26. Indicate rim and invert of upstream and down stream manholes"of proposed sewer laterals. 27. Proposed sewer lateral shouid tie into existing sewer main -not directly into manhole. 28. Provide note on both the Engineering Plans and the Landscape plans that there shall be no trees or shrubs placed within water, sewer or drainage easements. 29. Provide copy of permitted Landscape plan. 30. Provide per LDR Section 2.4.3 (F} (4}, a composite utility plan that show the location of all existing and proposed utilities (water, sewer, power, telephone, gas, cable, and drainage). The composite plan shall be signed by a representative of each utility provider attesting to the fact that services can be accommodated as shown on the composite utility plan. The composite plan shall address the responsibili#y far relocation of existing services and installation of new services. 31. A minimum 10' general utility easement is to be provided through the property. 32. A certified engineer's estimato will be required for all City maintained improvements. A 110°/0 surety and 2% engineering inspection fees will be required. A Financial .Guarantee and Agreement for Completion of Required Improvement is required. This agreement can be obtained at www.mydelraybeach.cam. For additional information see Section II of the City of be[ray Beach minimum Construction Standards. Prior to Certificate of Occupancy and the return of the 110°/a surety a 10% surety a 10% warranty surety will be required. 33. Provide a Pollution Prevention Plan. Prior to and during construction" of all sites, the permitee shall implement and maintain ail erosion and sediment control measures included in the required Pollution Prevention Plan. For projects over one (1}acre in size, provide a copy of FDEP Notice of Intent. 34. Provide a detailed description of how each of these comments has been addressed with next submittal, along with two sets of revised plans to the Engineering Department, 434 5. Swinton Avenue. 35. Additional comments may fo{low upon provision of requested information. b~E ~pwla aFP~I ~! ~ 4a5b "a~47hV OLOL - ~ Wb+t~11C•esb nkn H~'dBg ~V`~1~3C3 ` ~laQ W'DR+10~ onto' ~f7zJl .LZ:lvl[7[~1JL r 'L599'IU'tr56 - •`J •Ck~ ~ l~1 f..-,1 '~ - ~~~ Y ~ ~./ Y ~ .~~ ~ ^ 7 ~ F ~ - e' rml~ut I TLOd .ii.~'.. . # e ~ ~ ~ ~ ~ m ~ ,~ o ~~«. ~ hc~~un~ 'wL ,~~.._..im -I~ ~- I 1 I ~- I ~ P! q ~~ I I I I I I I I~ ~ • - ~ ~ , S ~ y ~# ~ I 4 ~ ~~ ~o~ R3~ § g . _ vx ~ ~ Y . ~ e ~O~ ~ Jy ~ y g y i Y~ ~E ~~ ~~~ ~° a ~._ . LxJ rJ ~ ~ ~~ l ~o 9~ ~ ~ ~~~~ I I I I I [ I I I I I it k ]9E i i I a ~- I~ 141 I~ I ,I } ~~~~ ~ ~~ g ~. ~ g~ ~~ ~~ ~~ ~~ ~k ~~ ~~ ~rt eg`eg~ ~~ ~ d 4~ ~q X a 8a: o• ~.: 9 c Zs y~~ Z YE . ~~ n g~=pp~h~~F~~ ~ 9~ ~ ~~~~a$~s`¢ e c° ~ ;~3i~9~g~ a ~ g~ S' Q ~ ~ ~ I I ~ ~~ ~~~ l~~p~ 5 ] F I 1 I h .Jf I „ PW ~ ~ ~ ~ I $ b I I 9 .F i$k ~ I V i I ~t _ I I _ .c 1 ~~_ a; I ~~ I I L ~~ I i ~~ ~~$ I I ~.~ 3 i L€5 ~ ~$G 3 °x 6 I g I Lg I w I ~~ I "~ ~ I J ~ o I ~ su +, I L~1 H9 yI I 1 I fa .. .. _ fil ~ I ~ I I °~ e~ w Fri ~ I ~~ 6 ~ I 1 ~ ~~ r o$~ ; ~ n S Sp r ri ~~i a ' ~~ Ij ~~3~~~SX3~ SS+i~~~~ _ __ ' L 7g~ ._ - -a and ~qp~ `~`~ < • ~ ®9~~,P~Ju '~.1~ ~ ~~¢~ ~ SAS F'3e'~~o Y '~ ~ ~~~ ~ u1 ~ 8'gtuki 0 4' 3 ~~ ~ o . ~ ~R~ 3 ~~~~ 3 ~ ~ ~ ~~~gu o ~ ~4~ ~ ~~~~ ? a '~ ~ ~g~$o ~, z Kit ~ e ~_ d1 ~ s- 4 - § ~ I~ ~ ~ ~~~~o _ ~ ~ e~~~~ asst 9~ - Ay 4• N a ~~~~ ~g 4~5 ~Id ~Ff'~'F°1 ~! ~iS 4154 7sozy7bN 010[ ooac•iu•ess~n ' ~ aMd ~[tn'' ,l~~ll~lW "1 ~a a NI Haves .lt*d 3n l ~ ~ ~ ~/l t tt ~'rr 11 6I xa '6sa "'J CJ~ '~ I~UC/ w~+ x /~yy y / ~ R y .7©~/ ~ Y ~ ~./ Y ~~ ~ ~~ s E ~ ~ °' l a ~~Il R .hCENflg ~(U~~'lJIUINfVIfI'1 ~ ~.[~s--,v~ .m~v v ~ ~~~ ~ 0 $ ~ e ~ L c.! -' U ~ h- ~ Ell t x ~ `~? G] c7 .~ I o~~ ~~~~ ~~~~ ~ °~~~ ~ R 9R'i ~ a54f£ °P!atj aFP'~FYA17'QJ 7~ 47561soz47RV OLOI ~ ' mtv-icc~rse •~ 11 N7V'39 A~734 ''I!C'~1 ~71111W _ isvs•Itrsse ~ ~ ~ ~ 1 e n M ' ~ ~ 3 ~ W~Jf 19NI1VNIfTI ~ ~lo~ ~.I l~I~v~ ~~o~.s ~~3s maN v ~~Il R r~UNfl~i C ~ $~ s ~ ~ ~ S G h < a ~ ~ : E } b N S ~~ ~s y # G ~ "s~$~ ~ ~ ~ ~ a ~ ~ ~ ~ ~ B ~ : ~ .@ I J > a ~ ~ ~ a 9 =.- ` '~ /_. f I ~ !f I L~ I~jI ;!il` i jj I iii Q 1j13 Y III 1 ijjj . Ilii b` ~ ., . ~ k ~~ ~~~a ~ ~ ~ Y '9 v $ ~ 6 ~ ~ 5 ~ ~ b A ., a u ~ ~ ~ r ~: ~ ~ R act ~ ~ g ~ g ~ ~~ ~ ~Y ~ 3 ~e ~aW ~°y ~ 5 g~ ~ ~ ~". ~ ~ ~ Y ~ ~ ~ ~ ~ ~ L of 0 ~ 9 q e. 9~° 5 5'~ ~~~~_ 4 a ~ s w d x c ~ ~~ a ~~ ~» ~ ~ e ~ a.,s d"~ag~g p$s~p~Qt~~~~ a~~ wa'~ ~ ~~ ~ S~ as S L j >nq8 SS g: wF L` ° H U ~:s= y~ YC3 "q C3~ E~~~ GG "~3l~ w~ ~` ~ pis -~-„~- ~~Es' S~~~e o Yvg~ yw =a ..t~ x G~2Gi 5i -_-~ + ~~~ ~~ __ ~L~I I Ej I iI.II.. _ I} ~~ I; I' I a~ i j .58 ~ e~~~ I j ~ L g g a j ~~ ~ i . ` ~ ~ ~j n l1- I li Q # U ~ i ~ $ 1 1 I ~ ~ - - j d x ;~ ~e ~~~~ ~~~~ '~~~ d o s~~5 ~.w ~~~~ i ~ P n ~ q ~ ~ ~ u~ ~ k ~~: >a ~jU ~ °s rah r ~n ~c ~ ~ &~ ~ a _ `~J ~9 e~ m.,os ~_ ~ ~ °°°~~~ ... ~& ~' p p G353w ~~ a ., .. »~~arr 5 g i - w n ~ x .+ .~ Y` a~ € ~ E 9 g 2 F 1 ~ ~ ~ 2 ~y E £ =~ ~4 ~~ i r~ ~ I ;p~ `~ gg . ~$~ ~S ~I I ~ ~~ a~ ~~y~ ~a I `I !fie ~1 . I a Qa $ 3 ~ !~ ~s a a ^ ~~~ E~€ r >~ Rb0. tota ~ bti5 6b~ ~~ '~ G .~ e5 °~~~i s~ ~~ Fe= ~ € b5f~5 gx°Id ~~l uy 4~Sb ~~luay 13[01 mn9'ur.sawn t1~77~e1 ~1t21']~C3 ~ ~/lg~C3 hq~hlOJ aKd'1l'v'zdt .iZkVll"[IW '' „ i 11 1 /~+ 1599.11["bS6 >rJ ~ •~{ ^ ~ ' ' ' ` ~ ~ ~ t '{ 3 ` ~ ` ~1 D C J V dS ..~~ ~2 J ~~ ~~b v QOL]W S ~ a ~ d ry ~ /''~~ j J~I ~ I ?16~ A1.~ r~..d~ 1. d CJ ~~t 1"~~~11 ~~[ ~ ~! ~~~ e $ h Q ~ ¢ $ 4 . J 3•, i 1 . . I I gl I ~ 1 F ( 1 ?~ I I I . ~7 I ! -' s j i I I I I I I i k _~ ~ _~_-9__ - r I S I I I I I I I I I_ ~ i 1 I I I ~ }j i ~ I I I ~ i f I I I _i I I -_~ I I I I I E I I I i I I I I I I T._-I-_ _~r __ I ~~ I ! I ! I I I I I I I I I I I I I 1 I i I I I 1 I l i I _~_._f__ I -- ~___ _~-.~.._ __- I _ i _. I - ~ ~ ~ I I I _ ~ _ ~ _ ~ _~_ I _~_ I l ~ I I ~ a- l i l l t _7._._ _~-y_ _ I - I -- } ~ I I I -- ~ - I - ~ -.~-_--I---! _ l l i l l I I I I ~~ '~ ~~ J v C:J 6£f£fi ~!3 aAP~I ~J ~ 454 ~~I~lJ aLOF - - _ ~6P'lLL'656 TAR H~b'39 ,l'4?J~34 '~IV?~l .lZlb'i1 14,E ~ ~ $ ~ Fsva~FCC~vsa ~ ~~~ Sl~~lIFD~~J ~;zl~~'CS ~~'CdS ~I~.D~OZI ~ ~ ~ °' Q ~~[l R ~,ONfI~ "lJ.J~J~-f JNINNIfTI =~o~ .~lni~d~ ~~vzlols a~~s m~r~ b ~ m o $ ~ o ~ d~ =f' x ~~ d a ~~ U~ ~q m ~~ a~ ~fl ~~ ~ nc tp~ ~~ $V a ~ s ~ 8 w s ~ ~~ x~~to ~~I¢~ - ~w ~~~ t~ 0 z .~, 0 U 1 u tt u 4 2 n n ~` a 0 z z ~~- ~1~'~~ -l~lC>.LI~fiJ !DA f2DAD s~ A K A I D A R O A D ~~' PETAL PLACE vP N.W. STH ~ x ~ w ¢ m ~- Q ~ n °o FERNQALE ~, DRIVE ~ z cn ~ N.W. 6TH z ~ ~ ~ ~i ~ ~" NESTING WAY z a ~ J N.~y 5TH CT _ ~ ~ ~ ~~ may. N. !~! Z' - ~ STH sT. z L- 32 wA rKiNS MOTOR LINES ~ 3RD DR, W . N J PUBLIC ~ N, y,1, 3RD CT. SELL' STORAGE - XACO TL q TIRE KlNGOOM a CONlCLIN DRIVE ~ N. W. 3RD ST, z L A r a U '~ Q z a n w Er EX ~ STORAGE Il^II ylcyp °!NT pR~VE ~ - F- POST OFFICE ROSEAlRE RErREA T LAKE - ~ O BOYS ~ FARMERS ' I^11 MARKET N ROBOTIC SPACE SAVERS CITY DF GELRAY BEACH, ~ (f.k,a. SAFE AND SECURE} PLANNING do ZGNING DEPARTMENT DlCIrAL 9AS~ MAP SYST£"M -- MAP REF: LM302 MEMORANDUM TO: Mayor and City Commissioners FROM: Richard C. Hasko, P.E., Environmental Services Director THROUGH: David T. Harden, City Manager DATE: January 13, 2009 SUBJECT: AGENDA ITEM 9.D. -REGULAR COMMISSION MEETING OF .TANUARY 20, 2009 OLD SCHOOL SQUARE PARK PHASE ONE FINAL DESIGN/GLATTING .TACKSON KERCHER ANGLIN,INC. ITEM BEFORE COMMISSION Staff requests Commission consideration of a proposal from Glatting Jackson Kercher Anglin in the amount of $140,700 for professional services related to the final design of Phase I of the Old School Square Park project. BACKGROUND On the basis of its selection as the highest ranked respondent for the City's Request For Qualifications (RFQ) relating to the Old School Square Park expansion, Glatting Jackson Kercher Anglin was awarded a contract by City Commission on March 20, 2007, in the amount of $128,500 (later increased by $10,750 for additional surface water management design/permitting) for preparation of a master plan for the phased development of Old School Square Park. That scope of services primarily involved information gathering and working with a variety of stakeholders and residents at large in several forums and venues to establish the essential parameters for the park design. Concepts, layouts, component facilities and potential uses were analyzed, and the effort culminated in the final approval of the master plan by City Commission at the October 14, 2008 Special Workshop meeting. Subsequent to master plan approval, staff met with Glatting Jackson to establish a scope of services for a design contract for Phase I of the park expansion, consisting generally of the former surface parking lot bounded on the east and west by NE 1st Ave. and NE 2nd Ave., and on the north and south by the recently completed Old School Square Garage and the service alley behind the commercial establishments on Atlantic Avenue. The attached proposal includes all required professional consulting services for site surveying/geotechnical testing, civil/electrical/architectural design, plan and specification preparation, permitting and competitive bid analysis and recommendation for the first phase park development. There will also be a call to artists for design of various Florida Community Trust (FCT) required components to be included in the first phase of the park which costs are not included in this proposal. Fees for this proposal total $140,700 with $87,200 designated for Glatting Jackson for their scope as the prime consultant, and the remaining $53,500 for Civil, Electrical and Irrigation design subconsulting work. Construction Administration services are not included in this request for contract award, but are budgeted at $35,600. The current project schedule reflects construction starting in June, 2009. The phase I budget is $1,200,000 inclusive of consulting fees and contingencies. FUNDING SOURCE Funding is available in account# 334-4151-572-63.59, Old School Square Park Improvements. RECOMMENDATION Staff recommends approval of an agreement with Glatting Jackson for Old School Square Park phase I design. CC GLATTING JACKSON KERCHER ANGLIN We Plan and Design Livable Communities Jack F. Glatting, Founder William J. Anglin, Jr. David L. Barth Gregory A. Bryla Dan E. Burden Frances E. Marino Charles P. Cobble Jay H. Exum Carey S. Hayo Jay R. Hood Timothy T. Jackson William C. Kercher, Jr. Walter M. Kulash Brent A. Lacy Sharon K. Lamantia Ian M. Lockwood Thomas J. McMacken, Jr. John H. Percy Troy P. Russ Peter C. Sechler Donald G. Wishart 1389 Peachtree Street, NE Suite 310 Atlanta, GA 30309 P: 404 541 6552 1523 18th St Suite 101 Denver, CO 80202 P: 303 524 3090 120 North Orange Ave Orlando, FL 32801 P: 407 843 6552 222 Clematis Street Suite 200 West Palm Beach, FL 33401 P: 561 659 6552 CONSULTING SERVICE AUTHORIZATION DATE: SERVICE AUTHORIZATION N0. FOR CONSULTING SERVICES CITY P.O. NO. CITY EXPENSE CODE TITLE: City of Delray Beach Old School Square Expansion Phase 1 Glatting Jackson Project No. 20988.0 April 11, 2008 Revised Apri124, 2008 Revised December 22, 2008 Revised January 15, 2009 EXHIBIT A -SCOPE OF SERVICES 1.0 PROJECT DESCRIPTION 1.1 The City of Delray Beach (City) desires to retain Glatting Jackson Kercher Anglin, Inc. (Glatting Jackson) to develop design, permitting, bidding and construction drawings and specifications for the Phase 1 development of the Old School Square Expansion. The project is a 1.86-acre parcel located in downtown Delray Beach, Florida. The City is the owner of the project. 1.2 The construction budget for the development of Phase One of the park is currently estimated at approximately $1.2 million dollars and is inclusive of contingency and design fees. The project will include; a conceptual lighting plan, a "Great Lawn", hardscape pedestrian surfaces and treed areas adjacent to the "Great Lawn", a life sized chess board (pieces/figures designed by a City selected artist), three (3) pedestrian location signs and one (1) pedestrian information sign with remote programming capability as depicted in the approved master plan dated October 9, 2008. The construction document scope of work will not include any site work or amenities west of the "Great Lawn", the Perimeter Shade Structure or other architecturaUstructural features noted in the approved master plan. 1.3 Glatting Jackson shall act concurrently as the Project Manager for the project, as well as the Park Planner and Landscape Architect. 1.4 Professionals working on the project as subconsultants to Glatting Jackson include the following: Civil Engineering, Permitting Michael B. Schorah and Associates Geotechnical Engineering Dunkelberger Engineering & Testing, Inc. (as a Subconsultant of Michael B. Schorah and Associates) Electrical Engineering Electrical Design Associates (EDA) www.glatting.com [C Irrigation Computer Design Services The City hereby acknowledges and agrees that Glatting Jackson will assume responsibility for the coordination of work produced by any subconsultants to Glatting Jackson as Project Manager for the project. 1.5 All work shall be completed in accordance with the terms and conditions of the Agreement for General Consulting Services between the City and Glatting Jackson dated Apri17, 2007. This Service Authorization, when executed, shall be incorporated in and shall become an integral part of the Contract. 2.0 SCOPE OF SERVICES PART I -Data Collection -Master Plan Finalization 2.1 Project Management - In addition to the specific services detailed below, Glatting Jackson shall coordinate our work and our sub consultants' work with the City's representative, monitor the project schedule as it relates to this scope, and provide timely invoicing and reporting of project progress. 2.2 Geotechnical Data - Dunkelberger Engineering & Testing, Inc. shall conduct an environmental audit for Phase 1, including borings for the stormwater management system design, structure design, and parking lot design. Glatting Jackson will provide a preliminary site plan to the engineer who will identify the approximate locations of anticipated required borings. Copies of the environmental audit and borings shall be provided to the project team for their use. 2.3 Base Map -Glatting Jackson's Civil Engineering subconsultant will develop the base map from survey information prepared by Michael B. Schorah and Associates during Part A of the referenced Consulting Service Authorization (CSA) for Landscape Architectural Consulting Services. This base map will show the location of existing features, including but not limited to topography, boundary, vegetation, species of special concern information, adjacent land uses, adjacent zoning, utilities, right-of--way information and easements. 2.4 Review Meeting/ Schematic Design Kick-off Workshop -Glatting Jackson shall conduct up to three (3) meetings with the Project Team and City to review and discuss the Final Master Site Plan and Base Map; to discuss any constraints to development of the site; and to brainstorm thematic ideas and public art opportunities to kick-off the Schematic Design phase of the project. Revisions or changes requested by the City based upon kick-off meeting comments shall be incorporated into the Schematic Design Documents. If additional analysis or field investigations are determined to be necessary for the Final Master Site Plan, these shall be provided to the City as an Additional Service. 2.5 Call for Artists -The City of Delray Beach will prepare a call for artists for the design and construction of the chess pieces and/or other public art elements. Glatting Jackson will coordinate our work with the work performed by the City's artist. The City's artist will design the chess pieces/board and Glatting Jackson will incorporate the chessboard layout into the construction documents. [C Part IDeliverables - As a result of these tasks, the Glatting Jackson Project Team shall produce the following: - Review Meeting/Schematic Design Kick-off Minutes (Glatting ~Iackson) - Environmental Audit (Dunkelberger Engineering & Testing, Inc.) - Base Map (Michael B. Schorah and Associates) PART II -Design Documents 2.6 Schematic Design Documents -The Glatting Jackson Project Team shall develop Schematic Design Documents based upon the Final Master Site Plan and budget dated March 16, 2008, completed during Part A of the referenced Consulting Service Authorization (CSA) for Landscape Architectural Consulting Services. The anticipated Development Program for the development of the Schematic Design Documents includes: ^ Overall site and hardscape plans for Phase 1 development, including site furnishings and signage (Glatting Jackson) ^ Landscape and irrigation plans identifying proposed plant massing and irrigation mainline routing (Glatting Jackson) ^ Schematic site electrical engineering (EDA) ^ Schematic civil design including paving, grading, drainage and utilities (Schorah) ^ Statements of probable costs (each Team member per their drawings) Glatting Jackson will consolidate the various plans prepared by the Project Team into one (1) set of documents (30% submittal) for the City to review. If additional program elements are requested by the City, Glatting Jackson shall provide the design, permitting, and construction documentation of those elements as an Additional Service. 2.7 Statement of Probable Cost -Each team member of the Glatting Jackson Project Team shall prepare a Statement of probable cost for their drawings based upon their Schematic Design Documents. 2.8 City Review/Meeting -The 30% submittal will be distributed by the City to applicable City Staff for their review. The City will provide the Project Team with one (1) consolidated set of written comments and/or marked up drawings prepared by City Staff. Based on comments provided by the City, Glatting Jackson will then distribute the consolidated list of written comments to the Project Team. Glatting Jackson and the Project Team will then meet with the City one (1) time to review and discuss the comments. Revisions in response to the review comments will be incorporated into the 60% Construction Documents. Additional revisions or changes in response to subsequent review comments requested by the City shall be provided as an Additional Service. 2.9 Coordination Meeting -Glatting Jackson and the Project Team shall attend a coordination meeting to verify all review comments from the 30% Construction Document submittal are addressed and incorporated into the 60% Construction Document submittal. Part II Deliverables- As a result of these tasks, Glatting Jackson and the Project Team shall produce the following: [C - Two (2) full size and three (3) half size sets of black and white schematic plans at a scale of 1 " = 20'; ident~ing proposed plant massing, site features and theming (Glatting Jackson) - Two (2) full size and three (3) half size sets of Schematic Civil drawings at a scale of 1 " _ 20' (Schorah) - Two (2) full size and three (3) half size sets of Schematic Electrical drawings at an applicable scale to illustrate design intent (EDA) - Five (5) sets of up to twenty (20) 81/2" X 11 "cut sheets of site furniture and features (Glatting ~Iackson) - Five (5) copies of the order of magnitude statements of probable cost (each Team member per their drawings) - One (1) copy of the City Review Meeting Minutes (Glatting Jackson) 2.10 Site Plan Review and Appearance Board (SPRAB) Review -Glatting Jackson will also submit signed and sealed schematic drawings per the City of Delray Beach SPRAB Site Plan Application Guidelines to the City SPRAB for their review and comments. If necessary, Glatting Jackson and the Project team will meet with the SPRAB one (1) time to discuss comments. Additional revisions or meetings required in response to the SPRAB's comments and discussions shall be provided as an Additional Service. Deliverables- As a result of this task, Glatting ~Iackson and the Project Team shall produce the following: - Six (6) full size sets of black and white Site Plans; identifying proposed plant massing, site features and theming (Glatting~Iackson) - Six (6) full size sets of Landscape drawings (Glatting ~Iackson) - Six (6) full size sets of Composite Overlay drawings (Glatting Jackson) - Six (6) full size sets of Civil survey drawings (Schorah) - Six (6) full size sets of Civil preliminary engineering drawings (Schorah) - Six (6) full size sets ofElectrzcal preliminary engineering drawings (EDA) 2.11 Design Development Documents -Based on the approved Schematic Design Documents, City review comments, SPRAB review comments, and the Statement of Probable Costs, the Glatting Jackson Project Team shall prepare Design Development Documents (60% CDs) for the project. These documents will further refine and articulate the project elements established in the Schematic Design phase. 2.12 Statement of Probable Cost -Each team member of the Glatting Jackson Project Team shall prepare a Statement of probable cost for their drawings based upon their Design Development Documents. 2.13 City Review/ Meeting -Glatting Jackson will consolidate the various plans prepared by the Project Team into one (1) set of documents (60% submittal) for the City to review. The 60% submittal will be distributed by the City to applicable City Staff for their review. The City will provide the Project Team with one (1) consolidated set of written comments and/or marked up drawings prepared by City Staff. Based on comments provided by the City, Glatting Jackson will then distribute the consolidated list of written comments to the Project Team. Glatting Jackson and the Project Team will then meet with the City one (1) time to review and discuss the comments. Revisions in response to the review comments will be incorporated into the 90% Construction Documents. Additional revisions or changes in response to subsequent review comments requested by the City shall be provided as an Additional Service. [C 2.14 Planning and DevelopmentBuilding Department Courtesy Review -Glatting Jackson will also submit five (5) sets of the 60% Construction Drawings to the City Planning and Development/Building Department for their review and comments. If necessary, Glatting Jackson and the Project team will meet with the Planning and Development/Building Department up to two (2) times to discuss unclear elements. Comments from the Planning and Development/Building Department will be incorporated into the 90% Construction Documents by each member of the Project Team. Additional revisions or meetings required in response to the City Planning and Development/Building Department's comments and discussions shall be provided as an Additional Service. 2.15 Coordination Meeting -Glatting Jackson and the Project Team shall attend a coordination meeting to verify all review comments from the 60% Construction Document submittal are addressed and incorporated into the 90% Construction Document submittal by each professional working on the project. Part III Deliverables - As a result of these tasks, Glatting ~Iackson shall produce the following: - Two (2) full size and three (3) half size sets of Design Development Documents 60% CD's (each Team per their drawings) at a scale of 1 " = 20' and/or an applicable scale to illustrate the design intent - Five (5) sets of Design Development Documents 60% CD's (each Team per their drawings) for SPRAB review - Five (5) sets of Design Development Documents 60% CD's (each Team per their drawings) for P&D Courtesy Review - Two (2) copies of the Statements of Probable Costs (each Team per their drawings) - (1) copy of the City Review and P&D Courtesy Review meeting minutes (Glatting Jackson) 2.16 Construction Documents -Based on the approved Design Development Documents, the Glatting Jackson Project Team shall prepare Construction Documents for the project as follows: Hardscape Plan (Glatting ~Iackson) ^ Hardscape plan and paving details ^ Park signage including (1) entry sign, (3) directional signs and (1) informational sign with remote updating capability ^ Playground location and layout ^ Site furnishings plan and details, including benches, trash receptacles, drinking fountains, and bicycle racks ^ Technical specifications that define materials and methods appropriate for construction (excluding signage) ^ Statement of probable construction costs Landscape and Ir-rzgation Plan (Glatting Jackson) ^ Landscape and irrigation plans ^ Landscape and irrigation details ^ Technical specifications that define materials and methods appropriate for construction ^ Statement of probable construction costs Civil Engineering and Permitting (Schorah) [C ^ Civil site plan showing the site layout ^ Permitting including but not limited to South Florida Water Management District (SFWMD)/Florida Dept. of Environmental Protection (FDEP) and the Army Corps of Engineers (ACOE), if required ^ Grading and drainage plans ^ Technical specifications that define materials and methods appropriate for construction ^ Statement of probable construction costs Electrical (EDA Engineers) ^ Site electrical engineering plans ^ Site lighting plans ^ Technical specifications that define materials and methods appropriate for construction ^ Statement of probable construction costs 2.17 Statement of Probable Cost -Each team member of the Glatting Jackson Project Team shall prepare a Statement of probable cost for their drawings based upon their Construction Documents. 2.18 City Review/Meeting -Glatting Jackson will consolidate the various plans prepared by the Project Team into one (1) set of documents (90% submittal) for the City to review. The 90% submittal will be distributed by the City to applicable City Staff for their review. The City will provide the Project Team with one (1) consolidated set of written comments and/or marked up drawings prepared by City Staff. Based on comments provided by the City, Glatting Jackson will then distribute the consolidated list of written comments to the Project Team. Glatting Jackson and the Project Team will then meet with the City one (1) time to review and discuss the comments. Revisions in response to the review comments will be incorporated into the 100% Construction Documents. Additional revisions or changes in response to subsequent review comments requested by the City shall be provided as an Additional Service. 2.19 Coordination Meeting -Glatting Jackson and the Project Team shall participate in a conference call/coordination meeting to verify all review comments from the 90% Construction Document submittal are addressed and incorporated into the 100% Construction Document submittal. 2.20 Final (100%) Construction Documents -The Glatting Jackson Team shall prepare the final set of Construction Documents, incorporating review comments from the 90% City review meeting and the Planning and DevelopmentBuilding Department review. The documents will be suitable for bidding and construction of the design elements of the project as detailed in this scope of services. Each professional will sign and seal the 100% construction document set prepared by them. Part IVDeliverables - As a result of these tasks, Glatting Jackson and the Project Team shall produce the following with plans presented on 24 " x 36"sheets at a scale of I " = 20'-0" and/or an applicable scale to illustrate the design intent: Three (3) full size and three (3) half size sets of black and white 90% Construction Documents (for City and Planning/Building Department submittals) Two (2) copies of the 90% Statement of Probable Cost One (1) set of 90% Technical Specifzcations [C - One (1) full size and two (2) half size sets of 100% Final Construction Documents - One (1) set of 100% Final Technical Specifications PART III -Permitting Assistance 2.21 Regulatory Permitting - Schorah and Associates will complete and submit applications necessary for the project to be approved by other public agencies having jurisdiction, including but not limited to: ^ South Florida Water Management District (SFWMD) ^ Florida Department of Environmental Protection (FDEP) Environmental Resource Permit ^ Army Corps of Engineers (ACOE) ^ City of Delray Beach Utilities The City shall sign all permit applications and pay all permit application fees directly to the appropriate agency at the required time. 2.22 Building Permit -Glatting Jackson will provide three (3) signed and sealed sets (by each Team member as appropriate) of 100% Final Construction Documents to the Building Department for permitting. Glatting Jackson will respond, and coordinate responses from the Project Team, to questions prepared by the City's Building Department. Glatting Jackson and the Project Team will revise drawings one (1) time, for the issuance of a building permit. Additional revisions or changes in response to subsequent review comments requested by the City shall be provided as an Additional Service. 2.23 Coordination Meeting -Glatting Jackson and the Project Team shall attend a coordination conference/meeting to verify all review comments from the City Building Department and public agencies having jurisdiction of the project are addressed and incorporated into the Issued for Bid Construction Document submittal. Part VDeliverables - As a result of these tasks, Glatting Jackson shall produce the following: - Permit applications to the agencies specifzed - Three (3) sets of 100% Permit Documents PART IV -Bidding Assistance 2.24 Bidding Assistance -Glatting Jackson and the Project team will attend and run one (1) mandatory pre-bid meeting, prepare unit price bid forms, issue documents in electronic format for bidding to bidders approved by the City, respond to contractor questions and issue addenda, review bids, and recommend selection of a contractor. Recommendations will be based upon past experience of the contractor, price, and availability to perform the work within the anticipated schedule. Part VI Deliverables - As a result of these tasks, Glatting ~Iackson shall produce the following: - One (1) copy of Mandatory Pre-bid Meeting Minutes - Twenty (20) sets oflssued for Bid Documents bound - One (1) digital copy oflssued for Bid Documents (pdf format) - One (1) digital copy of the Technical Specifzcations [C - Response to bidder's questions - Addenda to Bidding Documents as needed PART V -Construction Assistance 2.1 General Administration -Glatting Jackson shall provide the City with Construction Services on an as needed basis. The City will be responsible for General Administration during the Contract Administration phase. Glatting Jackson's work may include: - Pre-Construction Meeting Attendance (1 meeting) - Construction Meetings (Concurrent with Construction Observation site visits) - Review of Product Submittals - Notification ofNon-Conforming Work - Shop Drawing Review - Preparing RFI Responses - Preparing Field Sketches or Modifications to Documents Related to Constructability - Review of Contractor Pay Requests 2.2 Review of Materials -Glatting Jackson's work shall include: Nursery Site Visit to Select and/or Review Contractor-Selected Plant Material (8 Hours) Review of On-Site Hardscape Mock-Ups 2.3 Construction Observation -The design team will visit the site as follows: Glatting Jackson 12 Site Visits Schorah 10 Site Visits Electrical Design Associates 5 Site Visits Computer Design Associates 3 Site Visits The site visits will be at intervals appropriate to the stage of construction to become familiar with the progress and quality of the work completed, and to determine in general if the work observed is being performed in a manner indicating that the work, when fully completed, will be in accordance with the construction documents. However, Glatting Jackson will not be required to make exhaustive or continuous on-site inspections to check the quality or quantity of work. Glatting Jackson shall neither have control over or charge of, nor be responsible for, the construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the work, since these are solely the Contractor's rights and responsibilities under the contract documents. 2.4 Construction Reports -Each site visit will be followed by a report to the City of known deviations from the contract documents and from the most recent construction schedule submitted by the Contractor. However Glatting Jackson shall not be responsible for the Contractor's failure to perform the work in accordance with the requirements of the contract documents. 2.5 Project Completion -Glatting Jackson's work shall include: [C - Site Visit to determine the date of Substantial Completion - Site Visit to determine the date of Final Completion - Receive from the Contractor and forward to the City, for the City's review and records, written warranties and related documents required by the Contract Documents and assembled by the Contractor - Approve the Contractor's final Certificate for Payment indicating the work complies with the requirements of the Contract Documents PART VI -Additional Services 2.30 Additional Services -Glatting Jackson will provide Additional Services as mutually agreed upon between Glatting Jackson and the City. These may include but are not limited to: Professional Cost Estimating ($ 9,200) Specialty Lighting ($23,000) Revise drawings, specifications or other documents when such revisions are: ^ Inconsistent with approval or instructions previously given by the City, including revisions made necessary by adjustments in the City's program or project budget ^ Required by the enactment or revision of codes, laws or regulations subsequent to the preparation of such documents ^ Due to changes required as a result of the City's failure to render decisions in a timely manner - Provide services required because of significant changes to the project (e.g. size, quality, complexity, the City's schedule, method of bidding and negotiating the contracting for construction) - Post-"Issued for Bid" Drawings Redesign - Value Engineering (VE) Redesign in Response to Bid - Services necessitated by City's or Contractor's default - Additional work resulting from bidding, negotiation or construction prior to the completion of Construction Documents - Prepare record drawings - Warranty review site visit - Contract Administration Between Owner and Contractor - Multiple "Substantial Completion" Site Visits - Phased Construction (if phasing occurs after contract negotiation) - Structural Design PART VII -Services Not Provided 2.31 Services Not Provided On-Site Construction Supervision or Management As Built Documents Any work required by federal, state, or local code to be provided by a licensed professional other than a Landscape Architect is beyond the scope of the work to be performed by Glatting Jackson. Each professional on the team will sign and seal documents containing the work prepared by them. [C 3.0 PROJECT SCHEDULE Glatting Jackson is prepared to begin work on the project immediately upon receipt of the notice to proceed. Glatting Jackson, in consultation with the City, shall perform its work in such a manner as to comply with the Schedule shown as "Attachment A -Preliminary Schedule". 4.0 ASSIGNED PERSONNEL The following personnel from Glatting Jackson will be assigned to this project, and will have the responsibilities described: David L. Barth - Principal-In Charge 5/Project Manager Michael P. Sobczak - Urban Designer 5 Bruce C. Hall - Landscape Architect 4 5.0 COMPENSATION 5.1 Part I -The fee for Part I, Data Collection, shall be a lump sum fee of Nine Thousand dollars ($9,000.00) including direct expenses. The City shall be billed on a monthly basis as a percent complete of the fees. 5.2 Part II -The fee for Part II, Design Documents, shall be a lump sum fee of One Hundred Seventeen Thousand Seven Hundred dollars ($117,700.00) including direct expenses. The City shall be billed on a monthly basis as a percent complete of the fees. 5.3 Part III -The fee for the work described in Part III, Permitting Assistance, shall be billed on a time and materials basis with an estimated budget of Eight Thousand dollars ($8,000.00) including direct expenses. 5.4 Part IV -The fee for the work described in Part IV, Bidding Assistance, shall be billed on a time and materials basis with an estimated budget of Six Thousand dollars ($6,000.00) including direct expenses. 5.5 Part V -The fee for the work described in Part V, Construction Assistance, shall billed on a time and materials basis with an estimated budget of Thirty-Five Thousand Six Hundred dollars ($35,600.00) including direct expenses. 5.6 Part VI -The fee for Part VI, Additional Services, shall be billed using the hourly rate listed in the referenced agreement, or as an agreed upon fixed fee. 5.7 Application Fees -All application, filing, and permit fees, including, without limitation, all fees to local, regional and state governments and agencies, shall be paid by the City directly to the appropriate agency at the required time. 5.8 Subconsultant Fees -Fees for subconsultants working on this project under direct contract with Glatting Jackson are included in the fees for each part of the scope of services detailed above: [C Michael B. Schorah and Associates $25,000.00 Electrical Design Associates (EDA) $26,500.00 Computer Design Services $2,000.00 5.9 Retainer - No retainer will be required. 6.0 CITY RESPONSIBILITIES 6.1 City shall designate a Project Representative immediately upon execution of this Scope of Services, who shall be Glatting Jackson's point of contact with the City. 6.2 City shall provide full information to Glatting Jackson regarding project requirements and constraints including, without limitation, a program setting forth the City's objectives, and shall provide all data, drawings, information or other resources requested by Glatting Jackson that are necessary for completion of the project. 6.3 City shall comply with any schedule requirements made known to the City by Glatting Jackson and, in any event, shall be available to meet with Glatting Jackson and provide decisions in a timely manner throughout the project. 6.4 City shall be responsible for all other aspects of the project not specifically assigned to Glatting Jackson under this Letter of Agreement or any subsequent request (and acceptance) for Additional Service. PM SGL SKL T _ 7 d 7 ~_ C F T A ~ T A T A O. .a O. Q C O. F A L U ~ A A d LL M N v ~ d lL ~ 7 ~ 9 N 4 d ~ LL T 4 d LL N F N T v 7 F ~ T c C A C r A L7 ~ N 5 ~ g ^ 3 MEMORANDUM TO: Mayor and City Commissioners FROM: Sharon L'Herrou, Administrative Officer Anthony W. Strianese, Chief of Police THROUGH: David T. Harden, City Manager DATE: January 13, 2009 SUBJECT: AGENDA ITEM 9.E. -REGULAR COMMISSION MEETING OF .TANUARY 20, 2009 RED LIGHT CAMERA VENDOR SELECTION ITEM BEFORE COMMISSION Commission review of vendor proposals for implementing a Red Light Camera project within the City. BACKGROUND Staff was directed to research vendor options for implementation of a red-light camera project. Three vendors were selected who had 1) demonstrated the effectiveness of their product through implementation of their red-light camera systems in multiple governmental arenas and 2) have current municipal contracts. The three vendors selected were: ATS, LaserCraft, and Redflex. All three were invited to conduct a presentation before a review committee. Vendor services were evaluated and the committee selected the top two: ATS and LaserCraft. Of those, copies of contracts from other municipalities were obtained and reference checks conducted. A summary of this analysis is attached. Staff recommends contracting with ATS and suggests waiting to finalize the revenue option until initial traffic survey results have been obtained from the selected intersections. We would piggyback on one of their contracts with another Florida local government. The alternative would be to issue our own RFP and select from those companies which respond. RECOMMENDATION Request Commission direction regarding whether to proceed with ATS for the Red Light Camera project. d 'o ~ a~ ca ~ d N U ~ t~ a~ c _ ~ ~~ d m ~ ti >' O 'C .~ ~ N t ~ }. ~ V ~' U C d ~ Q ~ ~ C ~ N Q O >+ N ~ ~ Q 0 N L ~ .~ ~ ~ m ~`~~ ~~ E O°co ~ U ~ ~ ~ ~ OoQm ~ ~ i ~ O Yj E V y (n • ~ +J ~ ~ ~ L ~ ~~ d ,C cn cn ~ O cn ~ O ~~ p O L 0 0~ ~ O~ ~ U }' ~ O ._ V N a ' ~ ~ c~~6 c~~6 p ' ~ C~~6 p J L ~ L L U •U Q L U Q U fn d ~ ~ ~ ~ ~ ~ ~ N O O c0 Q ~ +r C ~ c6 ~ \ OU 0 V o ~ o x~ Q~° N c~ a ~ <t~ ~ cn U ~ a~ ~ c m ~ O ~ O N ~ y _~ ~ ~ ~ 0 M L O ~ •~ (6 a"' ~ ~ ~ ~ m Ev,~~~ H .~ ~ a.~ c ~ ~ ~ o ~ ~ ~ ~ ~ L O C O Q ~ L C6 L CO Q f/) Q~ ~ ~ U O ~ C C O Q Q~ ~ ~ O O (6 L 0 (0 U ~~ c}n U ~ O ~ U O p C O C6 2 ~~ o O L O ~ U O ~ O ~ ~ ~ ~ U L COQ U ~ Q ~ fn L > O O~~~ U~ L L U~ O O U~~ > O O ~ ~ ~ O 0~~~ O }' C U }' }' }' O ~ ~ O ~ ~ N ~ ~_ ~ ~ d 0 Q~ ti O O U ~ ~ ~ O C ~ ~ ~ ~ L ~ ~ - O ~ CO ~ ~ ~ ~ C6 c6 ~ ~ ~ Q c0 ~ O 1 '- O U ~ C~ ~ U L O H O c~ m ~ c ~ ~ ~ ~ c ~ ~ ~ ~ ~ U O • C6 Q C L ~ O +-. fn O G1 E G1 N O cn O ~p LL CO Q C O ~ ~ a~ U ~ W E ~O U O) ~ Q L M c Q co ~ O O O ~~ >, ~ YO ~ ~ ~ ~ W ~ U ~ ~ C O ~ N ~ ~ ~ ~ •~ ~ ~ ~ ~ ~ U Q W C7 V ~ (n L C L U E 1 ~ ~ C C L ~ L ~ L }' ~ L ~~ J =~.; ~ ° ~ U LQ~ ~ ° a~ ~0~~° ° ~ i ~ m U ~ O ~ ~ ~ ~ C 0 C6 U ~ O C V ~ O O O O CO y ~ ~, ~ Q O m~=~'* L ~ ~ '~oE ~ - ~ c ~ ~ ~ }' ~ U ~ O >+ .U O O H 0 0~ a ~ (n J ~ (n CO 2 U ~ ~ N O i O c6 ~ ~ U ~ U ~ U U +~ O ~ O - O ~ C ~, ~ Q U~ ~ ~ M c L V V ~ C ~ ~ ~ (~ O t N C6 Q O t c ~ ao ~ U '~ cn ~ o C ~ ~_ C~6 ~ '~ ~ ~ ~ ~ Q ~+ ~ C E E ~ ._ ~ ~ ~ O OU >, ~' O ~ U ~ c0 ~ C6 ~/~ A /~ ~ ~Iw ii L (O ~--~ ~ v wLw`` -_ W ~ ~ U //~~ Q LL ~ ~ Q ~ ~ p U ~ ~ L ~ C~6 C 6 O c n~ ~~.~ O ° a U ~iU ~ ~ f/) ~ ~ U ~ C ' O ~ L O E . ~ O O _ O •~ C6 > O V O~ f/~ Q ~ C6 fn ,fn V) L V) O ~ ~ L O O Q ~ ~+ ~~ O' ~ CO f/~ ~ V ' p ~ C C O O C O~ O w p O~~ O _ L Q_ cn O V N OL ~ O 0 0~ ~~ ' ~ O .~? ~ ~ O ~~ ~ O E ~ C Q~ U ao 0 0 ~~ a c~U~~o>~ ~ O +-• +-• L U~ Q ocn L S O Q Z co O O L~ Q ~ O c. ~ Q O O~ ~ L U U L U U fn is fn U U +-. fn `/ U . O ~ O `~ ~ O O +~ ~ ~ ~ ~ L L ~ N .-. ~ O 'U '~ ~ ~ ~ ~ L j, ~--, ~ .. a"~ ., ~ O ~ ~ C • ^ O > Q Z O ~ L ~ L ~ C ~ ~ (t} O~ O ~ >~ C6 O ~ ~ '.~ O U O Q~ C O Q HO ~ O p +-•+-•~ +~ ~ •Ur ~ ~ O CO i `1 F ~ O OL ~ O~ L L ~? ~ ~ ti ~ O += 00 O += O Z O O Q Q L U Q L O Q 0 0 0 0 U aii E U O Oo ~ ~~rnU U ~UU .~ cn °~ c~ U~ o~- c ° o ~ yr a~ o U (6 L a--' >, C6 C ~ N ~~ O U ~ C O ~ ~ U C6 L ~ • ~ •~ - N~ C a~ E ~O ~ ° O O L cn / /" ~ O ~ L r .~ L U L >+ O E o m ~ ~. U ~m ~ Q Q Voco z~ ~~, }.o m~ > a~ ~ c }. o o }. ~ ~ > O J fn N (~ ~ ~ W ~ W ~ c6 ' ~ . ~ c6 ~ ~ O ~ j ~ o cn (~ a~ cn c ~ZO >~ O ~ ~ LL ~ W O ~ ~ ~ ~ Q ~ - Q ~ O O J O Q U 2 Z LL ~ ~ ~ U c~ 11 _ O U U~ .~ .~ co cn - ~ ~ N ~ ~ ~ v d ~ c ~ ~ o ~,~ ~ O~ ao~ ~ aoio - a~o~.-. O Q~ C6 U V ~ O 07 ~ J ~ N C ~ ~ U ~ N O ~ O N LL }. O Y Y ~ C j N U U O O ~ M ~ Um ao ~ X ~ m L ~ (~ ~ O a--~ ~ ~ N ~ > O c6 ~ O ~ ~ O .V C ~ 0 0) O O H _ ~ O i ~ ~ ~ ~ C6 +~ U L ~ ~ ~ O ~ ~ ~ O ~ ~ C6 U ~ O ~ ~ U _ ~ Q +~+ ~ .-. U L O O U C .~ +-. .~ fn L . N N Q N ~ ~ ~ ~ o ~ ~ ~ ~ ~ ~ O V1 z O Q UA cn ~ U U ~ L ~~ ~ ~ ~ Y ~ ~ ~ ~ . ~ U O ~ ~ }' C6 (n p C1 y ~ .(n Q ~ ~ L ~ ~ ~ ~ ~ ~ ~ (n ~ (n O - •~ O L O ~ U .-: ~ N O ~ O O ~ O ~ O ,U fn ~ fn ~ ~ ~ ~~ ° ~ ~ ° ~ m ~ ~ ~ m E m c~ L U U Q L U Q U ~ a--~ L~ In M ~ ~ ~ U }' Q ~ ~ c ~ ~ ~ ~ ~ CO ~ o p U ~ x J ~ ~ p O ~ (Oj ~ Q ~ O~ ~ ~ p O ~ .-. ~~00 O~ Vin~'`) p 1 6 ~ ~ ~ ~ > . U L O aii a O c°~ y UO ~ r r °~~ O ~ a`~ ~ (~ C~~O o ~ o t O ~ ~ ~ >, ,~ o c _ > f/1 ~ ~ L C ~~ ~ O U O O O ~ O CL6 ~ ~ O) ~ O ~ ~ ~ c6 O U V) LL U O C6 ~ "'' O O ~ ~ O ~ O ~ O ~ O ~ G1 ~ ~ ~ •~ ~ O ~ W O p i O ~ ~ ~. o E O ~ ~ CO ~~ U ~o ~ ,~ ~ c m•~ a~ • O ^ ~ ~ ~ L ~ ~ W ~ ~ ~ E ~ ~ CO O U O ~ ~ ~ ~ ~ ~ C ' O J ~ ~ U ~ ~ U ~ ~ c ~ ~ c ~ ~ ~ ~ ~ ~ 0 J 0 m 0 0 Q o m W ~ O L ~ J . . ~ ~ ~ O~ ~ O O ~ . U O ~ ~ x Q O ~ L~ E L . c6 +- .. +- .- +- ~ ~ ~ O ~ O ~ ~ ~ ~ V ~ ~ U ~ ~ O ~ >+ ' C6 ~ O ~ ~ C6 ~ O ~ d a--' _O ~ ~~ C ~ Q L O Q O `~ ap ~ ~~~ ~' ~E ~ ~~ ~ °vi ~~ ~ aoia~a ~ ~~' U ~o ~ ~ o~.-. O ~ Q (n U ~ O H O W ~ ~ ~ CO 2 U ~ U J U `~ O ~ (~ Y ~ O ~ ~ ~ Cfl ~ O U L U ~; U~ O ti c ~ o v i ~ ~ 0 o ~ ~ J U J l~ ~ U ~+ ~^ Y V +~+ 0 U ~ ~ L ~ 0 C C6 .~ C C6 C6 O O 0 N O Y L c~6 0 O 2 J C O f~ v J `/ ~ ~ '~ ~ c E ~ •>~~ ~mm O L - Q > Q L ~ L ~ O .V ~ Q CO ~ ~ ~ _ ~ ~ ~ O ~ ~ O O - O co ~ U ~ C6 _ ~ ~+ CO ~ ~ ~ > U ~ O ~•~~ ~ ~ C6~ U ~~~ ~ O C~6 C6 ~ ~ CO O L ~ O O U _ ~ O O `~ U U O U i O ~ • L ~ O O O L O L +-~ O ~ • ~ O ~ .~ ~ ~ ~ ~ U ~ O ~ ~ ~ ~ C ~-_ ~ O ~ ~ cn ~ Q U O >, ~ L CO ~ L ~ L ~ Q U O) U ~ ~ C ~ ~ ~ ~ ~ O L .L L . > U ~ ~ O ~ ~ C6 ~ O ~ ~ ~ ~ ~ ~ ~ CO ~ ~ ~ ( ~ ~ U O •O U E •U C ~ C O ~ O •~ ~ ~ Q ~ C + -. O O)~ ~ C6 ~ Q ~ ~ ~ ~ ~ ~ •~ ~ ~ ~ ~ O ~ ~ ~ .> O Q fn ~ O L ~ O U ~ ~•~X~ ~ O ~ ~ O O .~? U O +-. O Q Q ~ U L Q C6 O~~ Q Q L (6 ~ ~--~ O ~ ? O ~ O O O C6 ~ C 6 O L ~ > U Q }. }. o ~ > ~ ~ ~ o ~ C6 ~ ~ ~ ~ C6 ~ ~ ~ ~ O > ~~ +-. ~ ~ ~ ~ > O U ~ ~ • ~ ~ L +-~ L c6 ~ ~ ~ ~ Q O O Q ~ ~ _ ~ ~ ~ L.L C6 C (n ~ ~ ~ ~ ~ ~ o 0 ~ ~ ~ O L ~ ~ L L O O O ~ Q ~ > C6 J ~ i +~ +_ ~ • O Q O O U ~ ~ ~ Q O ~ U ~ ~ (n L CO _O a--~ +-. C6 ~ a--. O O a--~ a--~ O ~L.~ C6 a--~ L a--~ U.~ ~.U O ~ L Q Q C C6 ~ C6 C6 ~ O~'~~ ~ }' ~ O L ~ O ~ O ~ ~.~~ ~ L - O ~ ~ Q ~ x Q Q Q ~ O - Q> C6~``G O O ~ ~ c~6 ~~ U O)~ O ~ O CO L ~ ~~Yj O O O ~ ~ > }. c~ ~~~~o ~ L ~ ~ 2 O O ~ > c0 (n ~ ~ U ~ +~ _O O~~ ALL U ~•~ ~ ~ ~ ~ o ~ ~ (n •i ~ U ~ ~ C O +~ C6 O L ~ C ~ O ~ L O ~ vii ~ ~ c C6 ~_ O O CO a"~ O O Y ~ CO U ~ U Q ~ ~ L ~ ~ O ~ ~ ~ c ~_ U ~ > U ~ •~`~- ~ >, O .~ O ~ O Q ~ '~ c~6 O O ~ U (n U ~ L ~ i ~ >' fn ~ U m ,~ ~~ O OU ~ ~ O O O ~ ~ Q ~ ~ m L L O ~ C6 ~ U - O C O ~ ~ C O C6 ~ Q ~ ~ O C U O ~ O •O +~ ~ O O ~ U ~ C6 •U •L C ~ •N ~ ~ .U C ~ ~ ~ O ~ O ~ L ~ ~ C ~ c~ ~ ~~ Q .~ •~ C6 ~ O L C6 =_ o ~ ~ ~ ~ c6 C ~ > O Q U O ~ ~ Q C6 O O ~ ~ ~ ~ c ~ O > ~ c6 ~ ~ U O U ~ C ~ C O C6 L U O c~6 ~ C C O ~ U C6 C6 (n C C6 O L ~ O) U C O O U O _O ~ O ~ O C ~ O ~ - C6 O O ~ ~ C C6 O ~ U O O ~~ C6 ~ ~ O ~ L ~, (n _O C O •p Q U O) ~ C O O ~ U O ~ O ~ L ~ O ~ ~ O ~ ~~ ~ U ~ ~ O c~ U _O cn • L C O) C O C O U O O ~_ C .> C6 L _O O O Q Q O C6 C O U U C6 _~ U C6 O C _O O a O O C O O O O c C C6 O C C6 U _~ U O L O O C6 O C O L C C6 C _~ O _O c C6 Q O U O O C6 O O L C O .~ .> O H MEMORANDUM TO: Mayor and City Commissioners FROM: Catherine M. Kozol, Asst. City Attorney/Police Legal Advisor THROUGH: City Attorney DATE: January 14, 2009 SUBJECT: AGENDA ITEM 9.F. -REGULAR COMMISSION MEETING OF .TANUARY 20, 2009 SETTLEMENT OFFER IN SHARMAR FRANKLYN, V. CITY OF DELRAY BEACH ITEM BEFORE COMMISSION This is an offer of settlement in the amount of $17,500 in the claim of Sharmar Franklyn, a minor, against The City of Delray Beach. BACKGROUND This claim involves a Delray Beach Police Department canine who escaped from a patrol car when the officer was assisting with a vehicular accident investigation and bit a juvenile in the back. RECOMMENDATION Staff recommends approval subject to the receipt of the appropriate releases. ~~ ~ ~~ - -- ~r r+.~ s ~.~ - - - - ~ _ - - I':'"71 MEMORANDUM TO: Mayor and City Commissioners FROM: City Manager DATE: January 12, 2009 SUBJECT: AGENDA ITEM 9.H. -REGULAR COMMISSION MEETING OF .TANUARY 20, 2009 APPOINTMENT TO THE CODE ENFORCEMENT BOARD ITEM BEFORE COMMISSION This item is before City Commission for an appointment to the Code Enforcement Board. BACKGROUND The term for Mr. Anthony Veltri expired on January 14, 2009. Mr. Veltri 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. The term will be for three (3) years 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 appointment will be made by Commissioner Fetzer (Seat #2) for one (1) regular member to serve on the Code Enforcement Board for a three (3) year term ending on January 14, 2012. RECOMMENDATION Recommend appointment of one (1) regular member to the Code Enforcement Board to serve a three (3) year term ending on January 14, 2012. CODE ENFORCEMENT BOARD EXHIBIT "A" Name Background Parnel Auguste Real Estate Attorney Rosalie Blood Vice President/General Manager David Boone Semi-retired Attorney/Educator Shannon Dawson Real Estate ConsultantBusiness Owner (Incumbent -Alternate) Gerald Franciosa Retired-Law Enforcement (also applying for the Neighborhood Advisory Council) Pearl Markfield Elrod Realtor (also applying for the Neighborhood Advisory Council) Mel Pollack Director of Security Albert Richwagen Business Owner (Incumbent -Alternate) Harvey Starin Real Estate Broker Stanley Scharf Administration/Supervisor Stephanie Sugar Regional Director CODE ENFORCEMENT BOARD 01/09 TERM EXPIRES REGULAR MEMBERS OCCUPATION POSITION FILLING 01/14/2010 George Thacker Accounts Layperson Unexp Appt 03/20/07 Manager Unexp Reg 06/03/08 01 /14 /2010 Stanley Srodka Financial Services Layperson tmexp Appt 09/05/06 Re t 01/02/07 Re 01 /14 /2011 Kelli Freeman Staffing Manager Business Person Appt 01/03/08 reg Unexp Appt 10/2/07 alt 01 /14 /2010 David Hawke, Qiair Architect Architect Unexp Alt Appt 01/07/03 Unexp Regular Appt 04/15/03 Reappt 01/06/04 Re t 01/02/07 01 /14/2012 Robert Marks Construction General Contractor Unexp Alt Appt 01/07/03 Unexp RegAppt 04/15/03 Reappt 02/07/06 Re t 01/06/09 01 /14/2009 Anthony Veltri Retired/General Layperson Alt Amt o1/02/01 Adjuster Unexp Regular Appt 02/02/01 Reappt 01/07/03 Re t 01/17/06 01 /14/2012 Mark Behar, Vice Qiair Property Mgmt. Layperson Appt. 09/09/03 alt Unexp Appt 10/05/04 Reappt 02/07/06 Reappt 01/06/09 ALTERNATES 01 /14 /2010 Shannon Dawson Real E state Real E state Unexp Appt 06/17/08 01/14/2010 Albert Richwagen Business Owner Layperson Unexp Appt 06/17/08 Contact: Danise Cleckley 243-7213 S/City Clerk/Board 08/Code Enforcement Board MEMORANDUM TO: Mayor and City Commissioners FROM: City Manager DATE: January 12, 2009 SUBJECT: AGENDA ITEM 9.I. -REGULAR COMMISSION MEETING OF .TANUARY 20, 2009 APPOINTMENT TO THE NEIGHBORHOOD ADVISORY COUNCIL ITEM BEFORE COMMISSION This item is before City 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 system, the appointment will be made by Mayor Ellis (Seat #5) for one (1) At- Large-Representation to serve on the Neighborhood Advisory Council for an unexpired term ending July 31, 2010. RECOMMENDATION Recommend appointment of one (1) At-Lare-Representative to the Neighborhood Advisory Council for an unexpired term ending on July 31, 2010. NEIGHBORHOOD ADVISORY COUNCIL EXHIBIT "A" Applicant Subdivision At Large Representative Annie Adkins Roof Captains Walk Wyana Claxton Tropic Bay Kristen Albanese N/A 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 Mercator 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 Darla Sernoff Coastal House Kathy Shackman Sabal Lakes James Smith Banyan House 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 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: City Manager DATE: January 12, 2009 SUBJECT: AGENDA ITEM 9.,T. -REGULAR COMMISSION MEETING OF ,TANUARY 20, 2009 APPOINTMENTS TO THE PARKING MANAGEMENT ADVISORY BOARD ITEM BEFORE COMMISSION This item is before City Commission for appointments to the Parking Management Advisory Board. BACKGROUND The terms for Ms. Nancy Schneider and Mr. Troy Wheat, both Citizen-at-Large Representatives, will expire on January 31, 2009. Ms. Schneider will have served one (1) full term is eligible and would like to be considered for reappointment. Mr. Wheat will have served two (2) full terms and is not eligible for reappointment. There will be two (2) appointments made for two (2) Citizen-at-Large Representatives to serve two (2) year terms. The appointments should be made for terms ending on July 31, 2011 to comply with the expiration date required in the City Code. The Parking Management Advisory Board was established by Resolution No. 88-97 on December 9, 1997. The purpose of the Board is to advise and provide recommendations to the City Commission regarding parking management policy and related issues including but not limited to, the planning, financing, development, construction and operation of parking facilities within the boundaries of the Transportation Concurrency Exception Area (TCEA), as well as, all public parking areas located along State Road A-1-A within the corporate limits of the City. The following individuals have submitted applications and would like to be considered for appointment: See Exhibit "A" attached: A check to confirm that all are registered voters was completed. All are registered with the exception of George Brewer. A check for code violations and/or municipal liens was conducted. None were found with the exception of Ms. Nancy Lierle who owes $464.88 for eleven (11) months of service to the Utility Billing Department and Ms. Vanessa Grant who owes $331.86 for approximately four (4) months of service to the Utility Billing Department. Based on the rotation system, the appointments will be made by Commissioner Eliopoulos (Seat #1) and Commissioner Fetzer (Seat #2) for two (2) Citizen-At-Large Representatives to serve on the Parking Management Advisory Board for two (2) year terms ending on July 31, 2011. RECOMMENDATION Recommend appointment of two (2) Citizen-At-Large Representatives to the Parking Management Advisory Board for two (2) year terms ending on July 31, 2011. 10/08 PARKING MANAGEMENT ADVISORY BOARD TERM MEMBERS CATEGORY EXPIRES 08 /31 /09 Charles Halberg P & Z Appt 08/20/07 Ratified 10/2/07 07/31 /10 David Cook Chamber of Appt 07/18/06 Commerce Ratified 08/15/06 Reappt 06/02/08 Ratified 08/05/08 07/01 /09 William Branning CRA Appt 07/26/07 Ratified 08/21/07 07/31 /10 Peter Pem WARC Unexp Appt 05/10/06 Ratified 07/11/06 Reappt 09/13/06 reg Ratified 12/12/06 Reappt 07/09/08 Ratified 10/21/08 07/31 /10 ran Marincola Amt m/2o/o6 DDA Ratified 08/15/06 Reappt 07/14/08 Ratified 08/19/08 The representatives above are ratified by the City commission. The representatives below are appointed by the City Commission. 01 /31 /10 Mark Denkler, Vice Qiair Atlantic Avenue Comdor Amt 02/21/06 Between Swinton Avenue Reappt o1/15/08 and the Intracoastal 01 /31 /10 Alan Komblau Atlantic Avenue Comdor Unexp Appt 01/03/08 BetwE`en Swinton Avenue and Interstate 95 01 /31 /10 John Gergen Atlantic Avenue and State unexp Amt 05/06/08 Road AIA Comdors and lying E ast of the Intracoastal Waterwa 01 /31 /10 Cecelia Boone Old School Square Unexp Appt 03/21/06 1 I1Stor1C A1~S D1Str1Ct Re t 01/15/08 01 /31 /09 Nancy Schneider Citizen at-Large Amt o1/02/07 01 /31 /09 Troy Wheat, QZair Citizen at-Large Appt 01/06/04 Unexp Reappt 01/04/05 Reappt 01/02/07 PARKING MANAGEMENT ADVISORY BOARD ALTERNATE MEMBERS 10/08 TERM MEMBERS CATEGORY EXPIRES 07/31 /10 Joe Pike Appt 08/18/06 P & Z Ratified 10/3/06 Reappt 07/21/08 Ratified 08/19/08 07/31/10 Chamber of Commerce acant 07/31 /10 Peter Arts Appt 06/08/06 CRA Ratified 07/11/06 Reappt 06/26/08 Ratified 08/05/08 07/31 /10 Jimmy Weatherspoon Appt 07/09/08 WARC Ratified 10/21/08 07/31 /10 Herman Stevens DDA Unexp Appt 06/12/06 Ratified 07/11/06 Reappt 07/20/06 Ratified 09/05/06 Reappt 07/14/08 Ratified 08/19/08 Contact: Scott Aronson -Parking Management Specialist 243-7196 Commission Liaison: Commissioner G ary E liopoulos PARKING MANAGEMENT ADVISORY BOAD EXHIBIT A George Brewer Gerald Franciosa (also applying for the Code Enforcement Board) Bruce Girrnny Vanessa Grant Nancy Lierle Eileen Marks (currently serving on the Nuisance Abatement Board) Mel Pollack (also applying for the Code Enforcement Board) Nancy Schneider Incumbent Cheryl Shaffner MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: January 12, 2009 SUBJECT: AGENDA ITEM 10.A. -REGULAR COMMISSION MEETING OF JANUARY 20, 2009 ORDINANCE NO.Ol-09 ITEM BEFORE COMMISSION This ordinance is before Commission for second reading and second public hearing for a City initiated amendment to Land Development Regulations (LDR)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". BACKGROUND At the first reading on January 6, 2009 the Commission passed Ordinance No. 01-09. RECOMMENDATION Recommend approval of Ordinance No. 01-09 on second and final reading. 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 City Commission of the CitS~ 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 gross floor area-c~~~,~ ,,,c ,~ --~=' ------- ~` -- ~- - ,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,~~~ Square Feet ~ 15,~~~ Square Feet iVlinimum Frontage 1 150 Feet 1 150 Feet Parking Requirements ~ '~~-^~~ 4.5/1,000 sd. ft. of ~ ~A 4.5 1 000 Square Feet of Gross non-regain ~ oss floor area and 4 Floor Area 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 a11e =. (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: • Efficient ~ 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 cumulativel = 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. (~l The parkin 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 1 space 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. (g) 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 completely enclosed buildings and any outdoor storage is expressly prohibited. (2) Parking required for business and professional offices shall be at the standard of one space per three hundred square feet of 1 net floor area (1/300). However, this requirement may 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 individually 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 comply 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 apply. (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 may 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. (d) Business and professional offices shall provide one (1) space per 300 sd. ft. of total new or existing net floor area being converted to office use. This requirement ma~~ 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 up to 3.000 scl.ft. and then 3.5 spaces per 1.000 scl.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_-- ___ '-_ °~~-~~'~~' ~-~ ~~ ~'~~ ~~°~'~~~~'~~~~ ~,...°~ When the determination of the number of 1 D ---- D----- required parking spaces results in a requirement of a fractional space, any 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) An~~ non-residential use within the CitS~'s TCEA which, through the development review process, is determined to generate a demand. (d) Uses Not Listed: An~~ use, or use category, which is not specificall~~ 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 Apple, 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 ma~~ 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 Famil~~ Detached Residences: -- two spaces per dwelling unit. Tandem parking ma~~ be used provided that in the Single Famil~~ (R-1 District) or RL District, no required parking space ma~~ be located in a required front or street side setback. (b) Duplexes: -- two spaces per dwelling unit. Tandem parking ma~~ 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 Famil~~ Structures: 12 ORD. NO. 01-09 M Efficiency dwelling unit x One bedroom dwelling unit Two or more bedroom d.u. x 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. provides: 4/1,000 spa. ft. of cross floor area 13 ORD. NO. 01-09 400,000 to 600,000 sq. ft. provides: 4.5/1,000 sd, ft. of dross floor area greater than 600,000 sq. ft. provides: 5/1,000 spa. ft. of cross 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 net floor area ~ up to 3,000 sq.ft. and then 3.5 spaces per 1,000 sq.ft. of g~a~s net floor area ~ over 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: x 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 teal 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 Day Evening Day Evening Midnight to 9 A.M. to 6 P.M. to 9 A.M. to 6 P.M. to 6 A.M. 4 P.M. Midni ht 4 P.M. 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 10~ ~~ 40% 100% 80% 100% theatres, bowling alleys, etc Other 7hiv~~ 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 buildin,~ 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~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. 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 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. 01-09 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 lst 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, 43.3(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 fmdings of fact and law contained in the staff report and finding that the amendment is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(M) of the Land Development Regulations. 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 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. E BACKGROUND /ANALYSIS I L___________________________________________________________________________________________________________________________! 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 ~ r E ASSESSMENT AND CONCLUSION I 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 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: January 15, 2009 SUBJECT: AGENDA ITEM 10.B. -REGULAR COMMISSION MEETING OF JANUARY 20, 2009 ORDINANCE N0.02-09 ITEM BEFORE COMMISSION Consideration of aprivately-initiated amendment to the land development regulations to allow non- eligible applicants to occupy workforce housing units under certain conditions. BACKGROUND Depending upon the geographic location in the City, current provisions of the City's Family/Workforce Housing regulations require either 20 or 25% of units to be designated as workforce housing when such housing is a requirement for a development. The 20 and 25% requirements apply to both owned and rented units. To prevent workforce housing rental units from remaining vacant due to the inability to find eligible applicants, this ordinance introduces some flexibility. Following are the main points of this new provision: `The required Workforce Housing units must be continuously marketed as Workforce Housing units. *A Workforce Housing unit that has remained continuously vacant for 45 days may, as an option, be rented to anon-eligible applicant. *The rental rate must be the market rate, with the difference between the workforce rate and the market rate being deposited with the City into the Delray Beach Housing Trust Fund. Previous versions of this ordinance contained an absolute minimum of 15% that would always be available for workforce housing eligible candidates. However, this version of the ordinance does not set a minimum occupancy level by workforce housing income level candidates. This would allow a developer to buy out of their workforce obligation each and every year. While the applicant will argue a minimum threshold is problematic for this project (Historic Depot Square) due to funding issues, it is important to note that this amendment is not project specific and would apply to all City workforce housing projects. 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. This recommendation was made with the condition that Paragraph 4.7.9 0. be modified so that a workforce unit rented to anon-eligible occupant will be counted as anon-workforce housing unit during the duration of the rental terms at any time when any other units become vacant. The vacant unit then becomes a workforce housing unit, so long as it does not exceed the 25%. It is noted that the current ordinance does not contain this modification. Therefore, staff is recommending the attached ordinance be modified to include a minimum of 15% workforce unit occupancy by eligible candidates and modifications as recommended by the Planning and Zoning Board. RECOMMENDATION By motion, approve Ordinance No. 02-09 on first reading for aprivately-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 if the following modifications are made: 1. Provide a minimum of 15% for occupancy by workforce housing income level candidates. 2. Provide language to require that when non-eligible candidates rent workforce units, such units become non-workforce, and future vacant units change from non-workforce to workforce units, with a maximum of 25% being maintained as workforce. ORDINANCE NO. 02-09 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 4.7, "FAMILY/WORKFORCE HOUSING", SUBSECTION 4.7.9, "GENERAL PROVISIONS, BY ENACTING A NEW SUBSECTION "O" TO ALLOW NON-ELIGIBLE OCCUPANTS TO OCCUPY WORKFORCE HOUSING UNITS UNDER CERTAIN CONDITIONS, 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 seven to zero to recommend that the changes be approved; and WHEREAS, pursuant to Florida Statute 163.3174(4)(c), the Planning and Zoning Board, sitting as the Local Planning Agency, has determined that the change is consistent with and furthers the goals, objectives and policies of the Comprehensive Plan; and WHEREAS, the City Commission of the City of Delray Beach adopts the findings in the Planning and Zoning Staff Report; and WHEREAS, the City Commission of the City of Delray Beach finds the ordinance is consistent with the Comprehensive Plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the recitations set forth above are incorporated herein. Section 2. That Section 4.7, "Family/Workforce Housing", subsection 4.7.9, "General Provisions", of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be and the same is hereby amended by amending Section 4.7.9, "General Provisions", by adding subsection "o", to read as follows: Section 4.7.9 General Provisions a. If not located offsite, all workforce housing units constructed or rehabilitated under this program shall be situated within the development so as not to be in less desirable locations than market-rate units in the development and shall, on average, be no less accessible to public amenities, such as open space, as the market-rate units. b. Workforce housing units, if located within a market rate unit development or located offsite, shall be integrated with the rest of the development and shall be compatible in exterior design, appearance, construction, and quality of materials and contain comparable HVAC systems and appliances with market rate units and provide them as standard features. All workforce housing units shall contain comparable square footage to the corresponding market-rate unit. c. The developer shall endeavor to provide workforce housing units that include unit types in the same proportion as the market rate housing unit types. The following conditions must be met: The proportion of 1 bedroom workforce units to total workforce units may not exceed the proportion of 1 bedroom market rate units to total market rate units. ii. The proportion of 2 bedroom workforce units to total workforce units may not exceed the proportion of 2 bedroom market rate units to total market rate units. iii. The proportion of 3 bedroom workforce units to total workforce units must meet or exceed the proportion of 3 bedroom market rate units to total market rate units, unless 4+ bedroom workforce units are provided. iv. The proportion of 4+ bedroom workforce units to total workforce units must meet or exceed the proportion of 4+ bedroom market rate units to total market rate units. v. If the development contains a mix of different types of units, (e.g. condominium, townhouse, detached, etc), the proportion of workforce units of each type to total workforce units must be approximately the same as the proportion of market rate units of each type to total market rate units. vi. If the development includes both for sale and for rent units, the proportion of for rent workforce units to for sale workforce units must not exceed the proportion 2 ORD. NO. 02-09 of for rent market rate units to for sale market rate units; provided however if the workforce housing units are funded under Florida Housing Finance Corporation's Housing Credit or SAIL Programs, the proportionality requirement herein stated shall not apply if the development provides at least twenty percent (20%) of the "for sale" units as workforce housing units. vii. Notwithstanding Section 4.7.9 c. i., ii., iii., iv. and v. above, in the Southwest 10tH Street Overlay District at least 75% of the workforce housing units shall be 3 bedroom units offered for initial sale in an amount not to exceed $225,000.00 and 25% of the workforce housing units may be 2 bedroom units offered at the low income affordability rate. d. The construction schedule for workforce housing units shall be consistent with or precede the construction of market rate units. e. There shall be no lot premiums charged on the workforce housing units. f. All fractional bonus densities shall be rounded down. g. The City of Delray Beach, its successors and assigns may enforce the covenants. No amendments to the covenants shall be made unless by written instrument approved by the City. h. No efficiency or studio type units shall be allowed under the family/workforce housing program. The total number of one bedroom units in any qualifying project shall not exceed 30% of the total number of units in the project, including both family/workforce units and market rate units. Workforce Housing Units constructed according to this policy shall be protected for subsequent resale or rental to Workforce Households whose income does not exceed the applicable AMI by deed restrictions or by other equivalent and effective methods. Conversions of rental units to owner occupied units or vice versa shall require the subsequent rental or sale to be for the same workforce housing income category. k. Workforce Housing Units constructed according to this policy shall only be rented or sold as a primary residence. 3 ORD. NO. 02-09 A deed restriction on a form acceptable to the City Attorney shall be recorded in the Public Records of Palm Beach County. In addition to other restrictions therein contained, said deed restriction shall prohibit any subletting or assignment of the respective Workforce Housing Unit to a tenant(s) or purchaser(s) whose income exceeds the percent of the AMI under which the unit is originally approved. For the purpose of this section, household income is determined by the cumulative income of all tenants or purchasers under one roof. In addition, said deed restriction shall limit the maximum permitted resale price to the initial sale price of the Workforce Housing Units, increased at the same rate as the Palm Beach County median income has increased from the initial date of purchase. Prior to the closing on any sale, resale or prior to any rental of any workforce housing unit, the City shall be notified of the sale, resale or rental. m. For both sale and rental of Workforce Housing Units, affordability and occupancy restrictions shall remain in effect for 40 years and shall apply to any replacement structure or structures constructed if a structure containing a Workforce Housing Unit or Units is demolished or destroyed, provided that if demolition or destruction of a structure containing Workforce Housing Units occurs 35 years after recording of the restrictions and said demolition or destruction was unintentional, restrictions on the units in the structure shall terminate on demolition or destruction. n. Nothing requires a workforce household to vacate a rental workforce housing unit or sell a workforce housing unit if the tenant(s) or purchaser(s) income later exceeds AMI. o. Workforce housing rental units shall be marketed continuously as workforce housing units. In the unlikely event that, notwithstanding the marketing efforts outlined in a specific Covenant agreement, the total number of occupied workforce housing units does not equal or exceed the required 25% and , as to workforce units which have remained vacant for 45 days or more due to a lack of Eligible Occupants, those units may be rented to non-eligible occupants at market rents; provided that the Developer shall pay to the Delray Beach Housing Trust Fund (DBHTF) at the end of each calendar year any rents actually received from the non-eligible occupants of the workforce units for that year in excess of the rents that would have been received from Eligible Occupants for such workforce units based on workforce rents at the time of the si~nin~ of the lease ("Excess Rental Payment"). Excess Rental Payments shall accrue only for periods in which the required 25% is not satisfied No later than 20 days following the end of the month, the Developer shall provide the DBHTF with a monthly statement hi~hli~htin~ those units which require Excess Rental Payments. No later than 30 days following the end of the year the Developer shall provide the DBHTF with an annual statement and shall submit the amounts due to the DBHTF within thirty (30) days following written notice from the 4 ORD. NO. 02-09 DBHTF of its approval of each annual statement The workforce units rented to non- eli~ible occupants as provided in this Section 2.5 will still be considered Workforce Housing Units for the purposes of this Covenant for the duration of the rental term. Section 3. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 4. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 5. That this ordinance shall become effective immediately upon its passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the day of , 200 MAYOR Attest: City Clerk First Reading Second Readin 5 ORD. NO. 02-09 PLANNING AND ZONING BOARD STAFF REPORT MEETING DATE: DECEMBER 8, 2008 AGENDA NO: IV.C. AGENDA ITEM: CONSIDERATION OF APRIVATELY-INITIATED AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS (LDR), AMENDING SECTION 4.7, "FAMILY/WORKFORCE HOUSING", SUBSECTION 4.7.9, "GENERAL PROVISIONS", TO ALLOW NON-ELIGIBLE APPLICANTS TO OCCUPY WORKFORCE HOUSING UNITS UNDER CERTAIN CONDITIONS. ITEM BEFORE THE BOARD The item before the Board is to make a recommendation to the City Commission regarding a privately-initiated amendment to Land Development Regulations (LDRs) Section 4.7, Family/Workforce Housing," Subsection 4.7.9, "General Provisions", to allow the rental of workforce housing units to ineligible candidates after 45 days of unsuccessfully marketing to eligible candidates. 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 This amendment was discussed by the Planning and Zoning Board at their July 21, 2008 meeting and tabled. The Board raised several concerns and questions, and requested staff that would be monitoring and implementing this program to attend a future Planning and Zoning Board meeting to help answer their questions. The following information is unchanged from the July meeting and is offered to reacquaint the Board of this proposal: Depending upon the geographic location in the City, current provisions of the City's Family/Workforce Housing regulations require either 20 or 25% of units to be designated as workforce housing when such housing is a requirement for a development. The 20 and 25% requirements apply to both owned and rented units. To avoid workforce housing rental units from remaining vacant due to the inability to find eligible applicants, this ordinance introduces some flexibility. Following are the main points of this new provision: ^ The Workforce Housing units must be continuously marketed as Workforce Housing units. ^ The Workforce Housing unit that must remain continuously vacant for 45 days may exercise the option of renting the unit to a Workforce Housing non-eligible applicant. ^ The rental rate must be the same as if the applicant were deemed to be an eligible applicant. ^ The unit will still be considered a Workforce Housing unit for the term of the rental term. ^ In no event shall there be less than fifteen percent (15%) of the total project units occupied by Eligible Workforce Housing Occupants. Planning and Zoning Board Meeting, December 8, 2008 LDR Amendment -Workforce Housing Rentals Following is a list of the questions/concerns raised by the Board at their July 21St meeting and commentary based upon the resubmitted material by the applicant: How is marketing of the workforce units intended? The applicant has provided the attached "Marketing and Advertising Plan." Included in this Plan are specifics regarding: ^ Matching advertising to the target customer ^ Advertising in various apartment shopper guides ^ Advertising over the Internet ^ Use of direct mail ^ Signs placed at strategic locations ^ Incentives for resident referrals ^ Realtor/locator referral fees ^ Competitor camaraderie ^ Implementation of an outreach program ^ Brochures, collateral, and merchandise ^ Workforce Housing Marketing Campaign Would someone responsible for monitoring this program attend the next meeting on this item to explain the difference in the monthly rental of a workforce unit versus amarket-rate unit? What is the difference, and does the City maintain a list of eligible candidates? Elizabeth Alpert, the City of Delray Beach Neighborhood Services Administrator, will be attending to answer the Board's specific questions regarding the monitoring and implementation of this program. The City does not maintain a list of eligible candidates. It should also be noted that the current version of the ordinance requires 25% of the total units to be occupied by workforce candidates. If the percentage falls below 25%, those units could be rented at full market rate, and the difference must be paid to the Housing Trust Fund (a minor correction is needed in the current ordinance draft to use Housing Trust Fund as opposed to the Delray Beach Community Land Trust, or DBCLT). This eliminates the incentive of a rental management company from simply waiting 45 days to rent to someone at the reduced workforce rate. Different from the previous ordinance version, this ordinance does not seta minimum for occupancy by workforce housing income level candidates. The previous version set a minimum percentage that must be occupied by workforce housing income level candidates. Lack of a minimum could result with none of the units occupied by workforce housing income candidates. 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. The following sections of the Comprehensive Plan are relevant to the proposed ordinance: 2 Planning and Zoning Board Meeting, December 8, 2008 LDR Amendment -Workforce Housing Rentals Obiective B-1 The City's existing housing supply accommodates households having a wide range of economic ability. There is very little vacant land left, especially large tracts, for new housing development. Through its housing programs, the City shall work to ensure that there continues to be an adequate supply of housing to accommodate very low, low, and moderate income households, as well as manufactured and mobile homes. Obiective B-2 Redevelopment and the development of new land shall result in the provision of a variety of housing types which shall continue to accommodate the diverse makeup of the City's demographic profile, and meet the housing needs identified in this Element. Objective B-3 The Community Improvement Department and the Planning and Zoning Department will work to streamline the permitting process and minimize costs and delays for housing, especially affordable housing. These departments shall operate under the philosophy of private enterprise regarding efficiency and delivery of product. Policy B-3.2 The City shall continually monitor its development review practices to ensure that applications are being processed in a timely manner, and shall regularly implement new programs and technological improvements to expedite the review and approval process. This amendment is consistent with the Comprehensive Plan as it continues the Family/Workforce Housing Program in the City. This provision is a reasonable accommodation for rental developments to allow occupancy of workforce units by non-eligible workforce housing applicants after unsuccessful marketing efforts of 45 days or more. There is no monetary benefit to the rental complex (other than having the unit occupied) since the rental rate must be at the market rental rate with the City receiving the difference. 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, amending Section 4.7, "Family/Workforce Housing", subsection 4.7.9, "General Provisions", to allow non-eligible applicants to occupy workforce housing units under certain conditions, by adopting the findings of fact and law 3 Planning and Zoning Board Meeting, December 8, 2008 LDR Amendment -Workforce Housing Rentals contained in the staff report, and finding that the text amendment and approval thereof is consistent with the Comprehensive Plan and meets the criteria set forth in LDR Section 2.4.5(M). C. Move a recommendation of denial to the City Commission of the amendment to Land Development Regulations, amending Section 4.7, "Family/Workforce Housing", subsection 4.7.9, "General Provisions", to allow non-eligible applicants to occupy workforce housing units under certain conditions, by adopting the findings of fact and law contained in the staff report, and finding that the text amendment and approval thereof is not consistent with the Comprehensive Plan and does not meet the criteria set forth in LDR Section 2.4.5(M) (motion to be made in the affirmative). RECOMMENDED ACTION Recommend approval of the amendment to Land Development Regulations, amending Section 4.7, "Family/Workforce Housing", subsection 4.7.9, "General Provisions", to allow non- eligible applicants to occupy workforce housing units under certain conditions, by adopting the findings of fact and law contained in the staff report, and finding that the text amendment and approval thereof is consistent with the Comprehensive Plan and meets the criteria set forth in LDR Section 2.4.5(M), subject to reference to the Delray Beach Community Land Trust be changed to the Housing Trust Fund. attachments: ^ Cover letter from applicant dated October 29, 2008 ^ Marketing and Advertising Plan ^ Proposed ordinance 4 MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: January 12, 2009 SUBJECT: AGENDA ITEM 10.C. -REGULAR COMMISSION MEETING OF JANUARY 20, 2009 ORDINANCE N0.03-09 ITEM BEFORE COMMISSION This ordinance is before Commission for second reading for a 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. BACKGROUND At the first reading on January 6, 2009 the Commission passed Ordinance No. 03-09. RECOMMENDATION Recommend approval of Ordinance No. 03-09 on second and final reading. 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. 03-09 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 , 2009. ATTEST City Clerk First Reading Second Reading MAYOR 3 ORD. NO. 03-09 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 fmdings of fact and law contained in the staff report and finding that the amendment is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(M) of the Land Development Regulations. PLANNING AND ZONING BOARD STAFF REPORT MEETING DATE: 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 MEMORANDUM TO: Mayor and City Commissioners FROM: Terrill C. Pyburn, Assistant City Attorney THROUGH: Susan A. Ruby, City Attorney DATE: January 6, 2009 SUBJECT: AGENDA ITEM 12.A. -REGULAR COMMISSION MEETING OF JANUARY 20, 2009 ORDINANCE N0.04-09 ITEM BEFORE COMMISSION Ordinance 04-09. BACKGROUND The City Commission previously combined the Board of Adjustment and Board of Construction Appeals into one board titled the Board of Adjustment. The attached Ordinance 04-09 amends Section 32.09(A) of the Code of Ordinances in order to substitute "Board of Adjustment" for "Board of Construction Appeals". An obsolete reference to the Community Appearance Board is also being updated to reference the correct title as the Site Plan Review and Appearance Board. RECOMMENDATION The City Attorney's Office recommends City Commission discretion. ORDINANCE NO. 4-09 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, BY AMENDING CHAPTER 32, "DEPARTMENTS, BOARDS AND COMMISSIONS", SECTION 32.09, "EXPIRATION OF TERMS; COMMENCEMENT OF TERMS", IN ORDER TO SUBSTITUTE "BOARD OF ADJUSTMENT" FOR "BOARD OF CONSTRUCTION APPEALS" AND TO UPDATE THE REFERENCES TO OTHER BOARDS; PROVIDING A SAVING CLAUSE, A GENER.AI_. REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the CitS~ Commission of the City of Delra~~ Beach, Florida, combined the Board of Adjustment and the Board of Construction Appeals into one board called the Board of Adjustment on October 16, 2007 ;and WHEREAS, the CitS~ desires to remove an~~ outdated references to the Board of Construction Appeals from its Code of Ordinances and to update the references to other boards. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA: Section 1. That Chapter 32, "Departments, Boards and Commission", Section 32.09, "Expiration of Terms; Commencement of Terms" of the Code of Ordinances of the City of Delra~~ Beach, Florida, is hereb~~ amended to read as follows: Sec. 32.09. EXPIRATION OF TERMS; COMMENCEMENT OF TERMS. (A) Expiration of Terlnr. All advisory board, Committee (regular and ad hoc), and task force appointments shall expire as follows: (1) Board of Adjustment, > > Site Plan Review and A~earance Board, Planning and Zoning, and Historic Preservation Board memberships shall expire at 12:00 midnight on August 31. (2) All other Board, Committee (regular or ad hoc) and task force memberships shall expire at 12:00 midnight on July 31, except for the Civil Service Board, Code Enforcement Board, Community Redevelopment Agenc~~, Downtown Development Authority, Delra~~ Beach Housing Authority, Police and Fire Pension Board, and the Public Emplo~~ees Relations Commission which are governed b~~ Florida Statutes or Special Act. Section 2. 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 3. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 4. That this ordinance shall become effective immediately upon its passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this day of .2009. MAYOR ATTEST: City Clerk First Reading Second Reading 2 ORD. NO. 4-09 MEMORANDUM TO: Mayor and City Commissioners FROM: Terrill C. Pyburn, Assistant City Attorney THROUGH: Susan A. Ruby, City Attorney DATE: January 6, 2009 SUBJECT: AGENDA ITEM 12.B. -REGULAR COMMISSION MEETING OF JANUARY 20, 2009 ORDINANCE NO.OS-09 ITEM BEFORE COMMISSION Ordinance OS-09. BACKGROUND The attached Ordinance OS-09 amends Ordinance 43-03 in order to include a new study regarding retail- only adult entertainment establishments in the legislative history of the ordinance. RECOMMENDATION The City Attorney's Office recommends City Commission approval. ORDINANCE N0.05-09 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING ORDINANCE 43-03 IN ORDER TO INCLUDE A NEW STUDY REGARDING RETAIL-ONLY ADULT ENTERTAINMENT ESTABLISHMENTS IN THE LEGISLATIVE HISTORY OF THE ORDINANCE; PROVIDING A SAVINGS CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Delray Beach, Florida, has the authority to protect the public health, safety and welfare of its citizens; and WHEREAS, this ordinance is enacted Linder the home rule of power of the City of Delray Beach, in the interest of health, peace, safety, and general welfare of the people of the "City of Delray Beach; 'hereafter the "City' and WHEREAS, the intent of the City Commission of the City of Delray beach in adopting this ordinance is to establish reasonable and uniform regulations for the adult entertainmealt industry that will protect the health, safety, property values, and general welfare of the people, businesses, and industries of the City. It is not the intent of the City Commission to legislate with respect to matters of obscenity. These matters are regulated by federal and state law, including chapter 847 of the Florida Statutes; and WHEREAS, with respect to zoning and other regulatory issues, the City Commission for the City of Delray Beach, Florida, prior to approving Ordinance 43-03, considered reports, studies, and judicial opinions concerning the adverse secondary effects of adult uses on the commLUlity and desires to update this list to include a new study regarding the secondary effects of retail-only adult entertainmealt establishments. The list is hereby amended as follows: 1. Cityof Revd~on v. Playtirre Theaters, Ire, 475 U.S. 411 (1956), rda. denied, 475 U.S. 1132. 2. Youngv. A~r~ricanMini-Thaatas, Inc., 427 U.S. 50 (1975), rda. denied, 429 U.S. 873. 3. Barnes v. Glen Theater, Inc, 501 U.S. 560 (1991). 4. Cityof Los Andes v. Alameda Books, Ire, 535 U.S. 425,122 S.Ct. 1728,152 L.Ed 2d 670 (2002). 5. Bass Capital, Inc v. Cityof Casselberry,187 F.3d 1251 (11~ Cir. 1999). 6 Report on Zoning and Other Methals of Regulating Adult E ntertainrrent in Amarillo, (Texas) dated September 12,1977. 7. Regulation of Crimir~l Actiutyar~l Adult Businesses, City of Phoenix, May, 1979. 8. Findings of the City Planning Commission of the City of New York dated January 26,1977. 9. Detroit's Approach to Regulating the "Adult Uses" presented to American Institute of Planners, Annual Conference, October 10,1977. 10. Report to the City Planning Commission and City Council from the Planning Deparhnent of the City of Beaumont, Texas dated September 14,1982. 11. L egislatize Report on an Ordir~r~e Am~uling Section 28-73 of the Cade of Ordir~nces of the City of Houston, Texas; l'roziding for the Regulation of Sexually Oriented Corrnr~raal Enterprises, Adult Badcstores, Adult Mozie Theaters ar~d Massa E stablishmenis; and Mak ing V arwus 1'rozisions and Findings Relating to the Subject. Report prepared by the Committee on the Proposed Regulation of Sexually Oriented Businesses and dated 1983. 12. Report on Adult Oriented Busir~ in Austin. Report prepared by the Special Programs Division of the Office of Land Development Services of the City of Austin, Texas. Dated May 19,1986. 13. Adult E ntertainrrent Business in Oklahoma City. A Survey of Rawl Estate Appraisers. Report prepared by the Community Development Department of the City of Oklahoma City, Oklahoma. Dated March 3,1986. 14. Adult Entertainment Businesses in Ir~liar~polis. An analysis prepared by the Department of Metropolitan Development dated February,1984. 15. Palm Beach County Sheriff's Office report dated April,1998. 16. Director's Report: Proposed Land Use Cade Text Arrendment, Adult Cabarets. A report prepared by the Director of the Department of Construction and Land Use of the City of Seattle, Washington. Dated March 24,1989. 17. Report to the A~r~riaan Center for L award Justice on Secrondarylnapads of Sex Oriented Businesses, Peter R. Hecht, Ph.D, March 31,1996. 18. Adult Busir~ Study in Town ar~d V illa~ of E llimttulle, Cattaraugus County, New York. An analysis prepared by the Town/Village Planner, Gary Palumbo, AICP. Dated January,1998. 19. Adult Use Study in Newport News, Virginia. An analysis prepared by the Departmealt of Planning and Development of the City of Newport News, Virginia Dated March,1996. 20. Meircorar~lum of L aw on Adequate Alterr~tize Azenues of Coirur~unity for Sex~lly Oriented Busir~sse;. An analysis prepared by Laura Corbett Brown and Bruce A. Taylor of the National Law Center for Children and Families. Dated October 1,1995. 2 ORD. N0.05-09 21. of sexually oriented businesses on market values and the secondary effects of "offsite" sexually oriented businesses prepared by Connie S. Cooper, FAICP, Eric Damian Kelly Ph.D., FAICP, and Richard McCleary PhD. dated Tune, 2008. Section 1. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or ward be declared by a court of competent jurisdiction to be invalid such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid Section 2. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed Section 3. 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 day of 2009. MAYOR ATTEST: CITY CLERK First Reading Second Reading 3 ORD. N0.05-09