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07-07-09 Regular AgendaCity of Delray Beach Regular Commission Meeting RULES FOR PUBLIC PARTICIPATION 1. PUBLIC COMMENT: The public is encouraged to offer comments with the order of presentation being as follows: City Staff, public comments, Commission discussion and official action. City Commission meetings are business meetings Tuesday, Tuly 7, 2009 and the right to limit discussion rests with the Commission. Generally, remarks by an individual will be limited to three minutes or less. The Mayor or Regular Meeting 6:00 p.m. presiding officer has discretion to adjust the amount of time allocated. Public Hearings 7:00 p.m. Commission Chambers A. Public Hearings: Any citizen is entitled to speak on items under this Delray Beach City Hall section. B. Comments and Inquiries on Non-Agenda Items from the Public: Any citizen is entitled to be heard concerning any matter within the scope of jurisdiction of the Commission under this section. The Commission may withhold comment or direct the City Manager to take action on requests or comments. C. Regular Agenda and First Reading Items: Public input on agendaed items, other than those that are specifically set for a formal public hearing, shall be allowed when agreed by consensus of the City Commission. 2. SIGN IN SHEET: Prior to the start of the Commission Meeting, individuals wishing to address public hearing or non-agendaed items should sign in on the sheet located on the right side of the dais. If you are not able to do so prior to the start of the meeting, you may still address the Commission on an appropriate item. The primary purpose of the sign-in sheet is to assist staff with record keeping. Therefore, when you come up to the podium to speak, please complete the sign-in sheet if you have not already done so. 3. ADDRESSING THE COMMISSION: At the appropriate time, please step up to the podium and state your name and address for the record. All comments must be addressed to the Commission as a body and not to individuals. Any person making impertinent or slanderous remarks or who becomes boisterous while addressing the Commission shall be barred by the presiding officer from speaking further, unless permission to continue or again address the Commission is granted by a majority vote of the Commission members present. APPELLATE PROCEDURES Please be advised that if a person decides to appeal any decision made by the City Commission with respect to any matter considered at this meeting, such person will need to ensure that a verbatim record includes the testimony and evidence upon which the appeal is based. The City neither provides nor prepares such record. 100 NW 1st Avenue Delray Beach, Florida 33444 The City will furnish auxiliary aids and services to afford an individual with a disability an opportunity to participate in and enjoy the benefits of a service, Phone: (561) 243-7000 program, or activity conducted by the City. Contact Doug Smith at 243-7010, Fax: (561) 243-3774 24 hours prior to the event in order for the City to accommodate your request. Adaptive listening devices are available for meetings u7 the Commission Chambers. 1. ROLL CALL. 2. INVOCATION. 3. PLEDGE OF ALLEGIANCE TO THE FLAG. 4. AGENDA APPROVAL. 5. APPROVAL OF MINUTES: A. June 2, 2009 -Regular Meeting B. June 9, 2009 -Special/Workshop Meeting 6. PROCLAMATIONS: A. None 7. PRESENTATIONS: A. Life Saving Award Presentation recognizing and commending Luca Carucci, David D' Eugenio and Paramedic Brian Pollack B. Senator Chris Smith -Legislative Update 8. CONSENT AGENDA: City Manager Recommends Approval. A. SERVICE AUTHORIZATION NO. 03-04/KIMLEY HORN ASSOCIATES: Approve Service Authorization No. 03-04 in the amount of $33,000.00 to Kimley-Horn Associates for preparation of a waste relocation plan, combustible gas evaluation and final summary report for the relocation of landfill debris within the footprint of the former landfill site within Miller Park. Funding is available from 334-4173-572-63.90 (General Construction Fund/Improvements Other/Other Improvements). B. AMENDMENT NO. 1/FLORIDA PUBLIC UTILITIES COMPANY HURRICANE DISASTER AGREEMENT: Approve Amendment No. 1 to the Hurricane Disaster Agreement between the City of Delray Beach and Florida Public Utilities Company regarding procedures to be followed in the event of hurricane disaster. C. LANDSCAPE MAINTENANCE AGREEMENT/PINEAPPLE GROVE CORPORATE CENTER: Approve and accept a Landscape Maintenance Agreement for landscaping within the right-of--way of N.E. 3Td Avenue located at 101 N.E. 2nd Avenue at the Pineapple Grove Corporate Center (a/k/a Creations Office Building). 07/07/2009 -2- D. PROJECT AGREEMENT/FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION/CLEAN VESSEL ACT GRANT PROGRAM: Approve a Project Agreement between Florida Department of Environmental Protection and the City of Delray Beach for the Clean Vessel Act Grant Program for the purchase and installation of a pumpout system with sewer connection located at the Municipal Marina. Funding is available from 426-4311-575-64.90 (City Marina Fund/Other Machinery/Equipment). E. COMMUNITY DEVELOPMENT BLOCK GRANT/HOUSING REHABILITATION GRANTS: Approve two (2) Housing Rehabilitation grant awards to the lowest responsive bidder for the following projects: 318 Washington Avenue to IQ Construction, Inc., in the amount of $17,812.89 and 123 N.W. 6`'' Avenue to CJ Contracting, LLC., in the amount of $38,422.86; and waive the Neighborhood Services Division's approved Policies and Procedures that limits bid award to be within 10% of the in-house estimate and waives the $37,000.00 maximum grant award established for housing rehabilitation under the Community Block Grant Program. Funding is available from 118-1963-554-49.19 (Neighborhood Services/Other Current Charges/Housing Rehabilitation). F. RESOLUTION NO. 28-09/MAINTENANCE MEMORANDUM OF AGREEMENT/FLORIDA DEPARTMENT OF TRANSPORATION F( DOTS Approve Resolution No. 28-09 authorizing the Mayor to execute Amendment No. 1 to the Maintenance Memorandum of Agreement dated February 24, 2004 with the Florida Department of Transportation (FDOT) for additional landscape and/or hardscape improvements within the right-of--way of State Road 5. G. NEIGHBORHOOD STABILIZATION PROGRAM 2 (NSP21 APPLICATION SUBMITTAL: Authorize staff to submit an application through the competitive process for funding under the Neighborhood Stabilization Program 2 (NSP2), under the American Recovery and Reinvestment Act (RRA) 2009. Staff is proposing to apply under the Delray Beach/Boynton Beach Consortium for a funding allocation in the amount of $20,000,000.00. H. GRANT APPLICATION/EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT (JAG) FOR FY 2009: Authorize staff to submit an application for funding in the amount of $70,375.00 through the U.S. Department of Justice's Edward Byrne Memorial Justice Assistance Grant (JAG) Program's 2009 local solicitation (CFDA# 16.738) to support the salary of an officer to staff the Department's Criminal Justice Academy at Atlantic High School. I. AMENDMENT TO THE RATE AGREEMENT/FAMILY CENTRAL, INC.: Approve an Amendment to the Rate Agreement between Family Central Inc., and the City of Delray Beach to extend the term through and including September 30, 2009. 07/07/2009 -3- J. SPECIAL EVENT REQUEST/SPADY LIVING HERITAGE DAY: Approve a special event request to endorse the 4`'' Annual Spady Heritage Day to be held on August 22, 2009 from 10:00 a.m. to 10:00 p.m., to grant a temporary use permit per LDR's Section 2.4.6(F) for the closure of N.W. 5`'' Avenue from Martin Luther King, Jr. Boulevard to N.W. 1S` Street; to authorize staff support for security, clean up, barricading, City generator use, set up and use of the large mobile stage, and event signage; contingent upon the receipt of a hold harmless agreement ten (10) days prior to the event. K. SPECIAL EVENT REQUEST/MUSICFEST (c~ THE PAVILLION: Approve a special event request for MusicFest @ the Pavilion to be held on July 31, 2009 from 7:00 p.m. to 11:00 p.m., on the grounds of Old School Square; and authorize staff support for traffic control and security, event signage, clean up, barricading and Fire inspection services; contingent upon receipt of a certificate of event and liquor liability insurance. L. SPECIAL EVENT REQUEST/HAITIAN CULTURAL FESTIVAL: Approve a special event request to allow the Annual Haitian Cultural Festival to be held on September 12, 2009 from 3:00 p.m. until 11:00 p.m. on the grounds of Old School Square; and authorize staff support for traffic control and security, event signage, and Fire inspection services; contingent upon receipt of a certificate of liability insurance and hold harmless agreement by September 1, 2009; and contingent on obtaining a Health Department inspection. M. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period June 15, 2009 through July 2, 2009. N. AWARD OF BIDS AND CONTRACTS: 1. Bid award to BSA Corporation in the amount of $77,947.00 for renovations to the Community Center Locker Rooms which includes the base bid plus alternates A, B and C. Funding is available from 334-4125-572-46.10 (General Construction Fund/Repair & Maintenance Services/Building Maintenance). 2. Contract award to Technical Inspections, Inc. in the amount of $82,285.00 for the rehabilitation of Lift Station No. 1 as part of an annual program for Wet Well Rehabilitation of building Lift Stations. Funding is available from 442- 5178-536-68.53 (Water & Sewer Renewal & Replacement Fund/Improvements Other/Wet Well Rehabilitation Building LS). 3. Purchase award to Camalucci Signs in the amount of $28,526.00 for two (2) illuminated directional signs to be prefabricated and installed for directing traffic to the entrance to the Old School Square Garage. Funding is available from 334-3162-541-63.90 (General Construction Fund/Improvement Other Than Buildings/Other Improvements). 07/07/2009 -4- 4. Purchase award to Club Car in the amount of $131,420.00 for the purchase of 82 Club Car DS model golf carts for the Municipal Golf Course. Funding is available through a lease purchase, which will be bid at a future date. 9. REGULAR AGENDA: A. WAIVER REQUEST/WEST ATLANTIC PUBLIC PLAZA: Consider a request for waiver of Land Development Regulations (LDR) Section 4.6.14(A)(2), "Visibility at Intersections," which requires a 40-foot visibility triangle at the intersection of two (2) public rights-of--way. The property is located at the southwest corner of West Atlantic Avenue and S.W. 5`'' Avenue. (Quasi Judicial Hearing) B. CHANGE ORDER NO. 4/WEST CONSTRUCTION, INC./MILLER PARK IMPROVEMENTS: Consider approval of Change Order No. 4 in the amount of $95,069.04 to West Construction, Inc., for the excavation required to bury the unsuitable materials onsite; to include compaction and placement of the unsuitable materials for the Miller Park Improvements. Funding is available from 334-4173-572- 63.90 (General Construction/Miller Park/Other Improvements). C. CONSULTING SERVICE AUTHORIZATION/CURRIE SOWARDS AGUILA ARCHITECTS/FIRE STATION NO. 3: Consider approval of a Consulting Service Authorization to Currie Sowards Aguila Architects in the amount of $25,000.00 for design activities adequate to accommodate the City's application for a Fire Station Construction Grant (SCG) under the American Recovery and Reinvestment Act (ARRA) for the reconstruction of Fire Station No. 3. Funding is available from 334-2311-522-31.30 (General Construction Fund/Professional Services/Engineering/Architect). D. INTERLOCAL AGREEMENT/TOWN OF GULF STREAM/FIRE-RESCUE SERVICES: Consider approval of an Interlocal Agreement with the Town of Gulf Stream for Fire-Rescue Services. E. RE ,UIREMENT TO CHANGE BUDGET HEARING DATES: Consider approval to change the first budget public hearing date, currently scheduled for September 8, 2009, to September 10, 2009. F. FISCAL YEAR 2009-2010 BUDGET DEVELOPMENT STATUS REPORT G. DESIGNATION OF VOTING DELEGATE: Designate the voting delegate to the Florida League of Cities' 83Td Annual Conference to be held at the Marriott World Center in Orlando, Florida on August 13-15, 2009. H. AGREEMENT/IMG WORLDWIDE, INC.: Consider approval of an Agreement between IMG Worldwide Inc., and the City of Delray Beach which provide for the sale of sponsorships for two (2) Match Point events and the sale of the naming rights for the Tennis Center. 07/07/2009 -5- I. SPECIAL EVENT REQUEST/6TH ANNUAL FAMILY FUN DAY AT POMPEY PARK: Consider approval of a special event request for the 6`'' Annual Family Fun Day at Pompey Park produced by the Parks and Recreation Department; and authorize staff support for security, trash removal and clean up assistance, trash boxes, use of the large City stage, City generator use, and preparation and installation of event signage; with the condition that the event is held for one (1) day on July 25, 2009 from 4:00 p.m. to 9:00 p.m. J. APPOINTMENT TO THE DOWNTOWN DEVELOPMENT AUTHORITY: Appoint one (1) regular member to the Downtown Development Authority (DDA) to serve a three (3) year term ending July 1, 2012. Based upon the rotation system, the appointment will be made by Commissioner Eliopoulos (Seat #1). K. APPOINTMENT TO THE DELRAY BEACH HOUSING AUTHORITY: Appoint one (1) regular member to the Delray Beach Housing Authority to serve a four (4) year term ending July 14, 2013. Based upon the rotation system, the appointment will be made by Commissioner Frankel (Seat #3). L. APPOINTMENTS TO THE EDUCATION BOARD: Appoint six (6) regular members to the Education Board for two (2) year terms ending July 31, 2011. Based upon the rotation system, the appointments will be made by Commissioner Frankel (Seat #3), Commissioner Bernard (Seat #4), Mayor McDuffie (Seat #5), Commissioner Eliopoulos (Seat #1), Commissioner Fetzer (Seat #2) and Commissioner Frankel (Seat #3). M. APPOINTMENTS TO THE POLICE ADVISORY BOARD: Appoint one (1) regular member to serve an unexpired term ending July 31, 2010 and two (2) regular members to the Police Advisory Board for two (2) year terms ending July 31, 2011. Based upon the rotation system, the appointments will be made by Commissioner Frankel (Seat #3) for one (1) regular member to serve an unexpired term, Commissioner Bernard (Seat #4) and Mayor McDuffie (Seat #5) for two (2) regular members to serve two (2) year terms. N. APPOINTMENTS TO THE PUBLIC ART ADVISORY BOARD: Appoint four (4) regular members to the Public Art Advisory Board to serve two (2) year terms ending July 31, 2011. Based upon the rotation system, the appointments will be made by Commissioner Frankel (Seat #3), Commissioner Bernard (Seat #4), Mayor McDuffie (Seat #5) and Commissioner Eliopoulos (Seat #1). O. RESOLUTION NO. 30-09: Consider adoption of Resolution No. 30-09 urging the Boards of the City's pension funds to operate consistent with the "Protecting Florida's Investment Act". (ADDENDUM) 07/07/2009 -6- 10. PUBLIC HEARINGS: A. ORDINANCE NO. 27-09 (SECOND READING/SECOND PUBLIC HEARINGI: Consider a city-initiated amendment to the Land Development Regulations (LDR) Appendix "A", "Definitions", to provide an updated definition of "Family". B. ORDINANCE NO. 28-09 (SECOND READING/SECOND PUBLIC HEARINGI: Consider a city-initiated amendment to the Land Development Regulations (LDR), Section 4.3.3, "Special Requirements for Specific Uses", Subsection (1), "Community Residential Homes and Group Homes", to update the section to comport with changes in State Law. C. ORDINANCE NO. 29-09 (SECOND READING/SECOND PUBLIC HEARING): Consider a city-initiated amendment to the Land Development Regulations (LDR) by amending Section 4.3.3, "Special Requirements for Specific Uses", by enacting a new Subsection 4.3.3(ZZZ), "Transient Residential Uses", in order to establish prohibitions, exemptions/exceptions, waivers and penalties; amending Section 4.4.6, "Medium Density Residential (RM) District", to provide that "Transient Residential Uses", shall be allowed as permitted uses; and, amending Appendix "A," "Definitions", to provide for a definition of "Transient Residential Uses". D. ORDINANCE NO. 30-09 (SECOND READING/SECOND PUBLIC HEARINGI: Consider acity-initiated amendment to Chapter 117 of the Code of Ordinances, "Landlord Permits", Section 117.01, "Permit Required", to clarify when a permit is required; Section 117.03, "Approval of Application", to provide additional requirements; Section 117.04, "Appeals", by renaming it "Denial or Revocation of Permit Application; Appeals", Section 117.05 "Inspection", to provide for inspection with a warrant; enacting a new Section 117.06 "Tenant/Occupant Eviction", to ensure notice and due process rights are followed or alternate housing is provided; and, enacting a new Section 117.07 "Severability", to provide for severability. 11. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS FROM THE PUBLIC- IMMEDIATELY FOLLOWING PUBLIC HEARINGS. A. City Manager's response to prior public comments and inquiries. B. From the Public. 12. FIRST READINGS: A. ORDINANCE NO. 37-09: Consider an ordinance amending Chapter 101, "Parks, Beaches, and Recreation", by enacting a new Section 101.37, "Shark Fishing", to prohibit shark fishing within three hundred feet of the municipal beach. If passed, a public hearing will be held on July 21, 2009. 07/07/2009 -7- 13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS. A. City Manager B. City Attorney C. City Commission POSTED: JULY 2, 2009 07/07/2009 -8- ~~ Dear 1Nayor and City Commissioners; Several groups will be affected monetarily if ordinance 2'~-49 is passed as written. The biggest loser will be the Sober House group whose profits depend on haw many unrelated individuals they can place into a residence (right now that is five). Although PRtJD understands that ordinance #27-49 is not specifically targeting Sober Houses, PI2QD is using that group as a basis to refute their aggressive argument that four is better than three unrelated persons per residence and convince you that three is enough. The SCP:RA is the association supposedly representing Sober House members. I attach documentation that I was able to uncover regarding Sober Douses in the City and information about SCRRA. This booklet is broken down into specific areas far your perusal as outlined in the table of contents. Thank you far your time. Gerry Franciosa, President of the Progressive Residents of Delray July 7, 2049 Additional Information for Item 10.A. 'TABLE OF CONTENTS: TAB 1-SOUTH COIINT.Y RECOVERY RESIDENCE ASSOCIATION {SCRRAI, ~iE;LIBERS, MISSION STATEMENT AND CONTACT: DR, HAROLD JONAS TAB-2-ARTICLE-"RISING ADDICTION RATES LINKED TO ECONOMIC DOWNTUR.~'Y" TAB-3-SOBER LIVING IN DELRAY, LLC/GEORGE JAHN TAB-4-GEORGE JAIiN-STATISTICAL ANALYSIS OF PROPOSED CITY ORDINANCE REGARDING DEFINITION OF "FAMILY" TAB-S-DERRY FRANCIOSA'S ANALYSIS OF PROFESSOR JAHN'S SUBMISSION TAB-6-HALLWAY OF LIFE RECOVERY CENTER ANALYSIS AND ADDITIONAL LIST OF IDENTIFIED DELRAY BEACH HALFWAY HOUSES ,,~,r~rtrs - ~uuur c..,uunry tcecoaery xesldence Association -About Us ~'~ .,;~'~<~ ~,y ~~ ~~ ,~,t,~ASSt Home ,bout Vision Community Members Contact Page 1 of ] ~! South Cauntu Recovecu Res'~dence ~5oc The primary missian of the SCRRA is to promate the establishment, successful management and growth of high quality community-based recovery services. We envision the day when every recovering addict and alcoholic in need.can avail themselves of these services. We are far from that situa#ian today. Demand far quality sober pausing far exceeds supply. That is particularly true far housing that is accessible to those of limited or modest means. SCRRA is an independent public benefrt organization. We do not awn, manage or have a financial interest in any saber living or other recovery facility. We are an infom~ration, planning and organizational resource to local associations of independent saber living homes which meet our affiliation standards. We seek to promote excellence in the management of sober Living facilities. Our Larger missian, however, is to promate individual recovery from drug and alcohol addiction, and in that respect we serve the community at large. The Association has its origins in small groups of independently operated sober living homes in the Palm Beach County area. These groups farmed to exchange information and to establish professional standards for services to their residents and the community. http: /Iwww. scrraortline.com/irtdcx. html 711/2009 --~ CONTACT • Harold Jonas 561.243.0407 ,~,! i ~`~ .1~IE,118~RS :r ~, ~. ~;. i ~_.,, t ~.~ Click a setter t© view memebers / R / 1 ~. Butterfl Catta e218 SW 3rd i~veDelra ~~~ y g Y 561.400,1996 Contact: Janis Spector Beach, Florida 33444 Phane; C.". L>: ~~~ .- Discovery Hause9l$ SE 2nd AveDelray Beach, Florida 33483 Phone; 561.350.5181 Contact: John Suto ~."' f p C~ -~`~`"~' 63 ~ S C,;.,~' ~JL rye' ~',t~ ~'~"-- ~° r ff"'r"5~~~1i~a u C;: ~ j ~~ fh-t-m = ~~1~-~ J~`° C°,~; r~ ids _ tvt~ r i~~" t-'" ~ i-~ ~-r~:= t~ ~z.~- Grateful DaysDelray Beach, Florida Phone; 56L$60.4161 Contact; Sheppard Cax f-l. The Hartman House of Delray Beach119 N.E.12th StreetDeiray Beach, Florida 33444 Phane: 561,502.6868.Contact: Jim Hartman House of Princip1es3208 Dixie HwyWest Palm Beach, Florida 33405 Phone: 561.6?6.9080 Contact: Bill Peevy I: /~: l:. ~-- Lighthouse CottagesDelray Beach, Flarida 334$3 Phone: 561.243.4040 Cantact: ~~`~ ~ Richard Josliin - ~fti~ (~j,~s,/~5.r v'! t'1, 7~Fn~u'ia ;~1. ~ ~~~ t ~~ ~- New Path413 N. 5th StreetLantana, Florida 33462 Contact: Juanita. Hunt Phane: ~,, pQ~ 561.255.0011 (~ ~ f}: _„_ The Qceanbreeze Cottages830 Greensward CT H2O?Delray Beach, Florida 33445 Phone: 561.523.2806 Contac#: JoLinda Brown or Debbie Campbell P: ~~ i~ ~~ ~~. -Recovery ZonesDelray Beach, Florida ~jk/, t, lye _ i~'~, '~~~~~ ~ The Sanctuary in Delray BeachPQ Box 8463Delray Beach, Florida 33482 ~l-Serenity Now831 SE 1st AveDelray Beach, Florida 33444 Phone: 561.573.0085 Contact: Jonathan Globerman ~~ Sober Living in Delray220 SE 10th Street #301~~Delray Beach, Florida 33483 ~Q, Sunshine .Halfway HouseDelray Beach, Florida ~~~, , ~~j he Swinton Place206 SE 1st AvenueDelray Beach, Florida 33444 ~ . T: U. l~ l~V.• :~': Y.• I.: r -- Detail by Entity Name Florida Profit Cor oration p BUTTERFLY COTTAGES INC Filing Infiormatian Document Number P08000067131 FEI/EIN Number NONE Date Filed 07115!2008 State FL Status ACTIVE Principal Address 245 SW 11TH AVENUE BOYNTON BEACH FL 33435 Mailing Address 245 SW 11TH AVENUE BOYNTON BEACH FL 33435 Registered Agent Name & Address SPECTOR, JANIS 245 SW 11TH AVENUE BOYNTON BEACH FL 33435 US Officer/Director Detail Name ~ Address Title PTO SPECTOR, JANIS 245 SW 11TH AVENUE BOYNTON BEACH FL 33435 Title VPSO SPECTOR, HAROLD 245 SW 11TH AVENUE BOYNTON BEACH FL 33435 Annual Reports No Annual Reports Filed Florida Profit Corporation ~~~ THE LlGHTHt}USE CC?TTAGES, INC. Filing Information Document Number P04000084422 FEIlEIN Number 201178752 Date Filed State Status Effective Date Last Event Event Date Filed Event Effective 05!2712004 FL ACTIVE 06/01 /2004 AMENDMENT 10/05/2006 late Nt}NE Principal Address 626 SE 4TH AVENUE DELRAY BEACH FL 33483 Changed 01103/2006 Mailing Address 626 SE 4TH AVENUE DELRAY BEACH FL 33483 Changed 01 /26/2009 Registered Agent Name & Address J{~SLIN, RICHARD E 626 SE 4TH AVENUE DELRAY BEACH FL 33483 US Name Changed: 01103!2006 Address Changed: 0110312006 OfFicerlDirector Detail Name riw Address Title PD JC}SLIN, RICHARD E 626 SE 4TH AVENUE DELRAY BEACH FL 33483 Title STD D{7NOVAN, MARYKATE H 626 SE 4TH AVENUE DELRAY BEACH FL 33483 Annual Reports Report Year Filed Date 2007 0412112007 2008 02103!2008 2009 01126/2009 7 (~ Florida Limited Liability Company "fHE SANCTUARY IN DELRAY BEACH, LLG Filing Information Document Number L04000076732 FEIlE1N Number 201 81 1 853 Date Filed 10!2112004 State FL Status INACTIVE Effective Date 10/21 /2004 Last Event ADMIN DISSOLUTION FOR ANNUAL REPORT Event Date Filed 09126!2008 Event Effective Date NONE Principal Address 2201 NW 30TH PLACE SUITE A POMPANO BEACH FL 33069 Mailing Address 2201 NW 30TH PLACE SUITE A POMPANO BEACH FL 33069 ~~ Registered Agent Name ~ Address WORLDWIDE CORPORATE SERVICES, INC 2780 EAST OAKLAND PARK BLVD FT. LAUDERDALE FL 33306 US Manager/Member Detail Name ~ Address Title MGR MKM MARKETING CORP 2201 NW 30TH PLACE POMPANO BEACH FL 33069 US Annual Reports , Report Year Filed Date 2005 03115/2005 2006 0410712006 2007 04/2912007 Florida Profit Corporation ~NjI MKM MARKETING CORP. Filing information Document Number P02000091793 FEi/EIN Number 161624716 Date Filed 08!2212002 State FL Status AC'T'IVE Principal Address 1555 ESTUARY TRAIL DELRAY BEACH FL 33483 changed 04/27/2009 Mailing Address 1555 ESTUARY TRAIL dELRAY BEACH FL 33483 Changed 04127/2009 Registered Agent Name & Address STEINER & GELBER PA ~~~ 2201 N.W. 30TH PLACE POMPANO} BEACH FL 33069 US Name Changed: 0313112003 Address Changed: 03131/2003 C~fficerlDirector Detail Name 8G Address Ttfe DP STEINER, NANCY K 2201 N.W. 30TH PLACE POMPANO BEACH FL 33069 Annual Reports Report Year Filed Date 2007 0412912007 2008 0412212008 2009 04/27/2009 --,~ Florida Profit Corporation WORLDWIDE CORPORATE SERVICES, INC. Filing Information Document Number H71677 FEI/EIN~Number 65a13a366 Date Filed 08/16!1985 State F L Status ACTIVE Principal Address 278a EAST OAKLAND PARK BLVD. FORT LAUDERDALE FL 33306 US Changed 03/25/2aa7 Mailing Address 278a EAST OAKLAND PARK BLVD. FORT LAUDERDALE FL 333x6 US Changed a3125/20a7 Registered Agent Name &. Address LAW OFFICES OF STEPHEN F. GOLDENBERG, P.A. 278a EAST OAKLAND PARK BLVD. FORT LAUDERDALE FL 333x6 US Name Changed: a3/25/20a7 Address Changed: a3/25i~007 Officer/Director Detail Name S Address Title PDS GOLDENBERG, STEPHEN F 278a EAST OAKLAND PARK BLVD. FT. LAUDERDALE FL 33306 Title VP GARVO, CARYN G 888 S. ANDREWS AVENUE #207 FT. LAUDERDALE FL 33316 Annual Reports Report Year Filed Date 2aa7 03/25/20x7 2aa8 a2/a4r2xx8 2xa9 x311 x!2009 C~ Florida Profit Corporation THE SWINTON PLACE INC, Filing Information Document Number P01000118244 FEIIEIN Number 651158439 Date Filed 12!13/2001 State FL Status ACTIVE Last Event AMEN[7MENT Event Date Filed 03/08/2006 Event Effective Date NONE Principal Address 206 S.E. 1ST AVENUE DELRAY BEACH FL 33444 Mailing Address 9075 CARMA DRIVE BQYNTQN BEACH FL 33472 US Changed 01/05/2009 Registered Agent Name & Address SINERT, KEITH 9075 CARMA DRIVE BQYNTON BEACH FL 33472 US Address Changed: 01/05/2009 (JfficerlDirector Detail Name ~ Address Ti#le PD SINERT, KEITH 9075 CARMA C7R BOYNTON BEACH FL 33472 Title VP} SINERT, BRENDA 9075 CARMA DRIVE BOYNTON BEACH FL 33472 Annual Reports Report Year Filed Date 2007 ~ 112612007 2008 02104/2008 2009 01 /05/2009 Rising Addiction Rates finked to Economic Downturn June 25, 2409 by En~iEy B~+ttaylia A new study by a non-profit alcohol and drug abuse treatment and prevention facility indicates that rising rates of addiction may be linked to the recent economic downturn. Howard Meitiner, president and CEO of Phoenix House, commented this week on the study's findings: `Addiction is on the upswing, fueled by pressures from our economic downturn.... Eighty-eight percent of the population feels that drug abuse is at either serious or crisis levels today, reflecting the devastating impact that addiction is having on individuals, families, and communities." The study was developed to gauge public perception and awareness of addiction levels since the economy's sharp decline in Fa112~Q8. Researchers gathered data from over 4Q0 respondents. According to study results, 34 percent of respondents have a friend or family member who is currently struggling with a substance abuse problem and 4Q percent report that drugs have caused troubles in their family at some point in their lifetime. About one in three respondents feel that younger people are abusing illegal drugs more than usual and one in four think that younger people are drinking more in the current economy. About 18 percent of respondents say their friends are drinking more than usual, and 17 percent report the same behavior in co-workers. Mr. Meitiner commented an the implications of the study's finding, saying, "What these rising numbers underscore is a dangerous, and growing, gap between the need for treatment and the community resources that are available. States, local governments, and non-profits are all facing tremendous budget shortfalls -and they are cutting the resources to help this growing group of addicts in trouble, just when they need it the most.... We must recognize and address the debilitating effects of addiction on all of us -whether the addict is a family member, neighbor, or co-worker. Re-allocating resources to treatment is vital not only to the well-being ofour communities but to our very ability to weather the severity of this downturn," A related factor to rising rates of addiction is the rising rate of homelessness. The National Alliance to End Homeless recently released a report in which it estimated that close to 1.5 million additional Americans will experience homelessness by the end of 2t} 10 due entirely to the recent economic downturn. The crisis of homelessness can e~cpose individuals and families to numerous related pitfalls, including loss of employment, personal trauma, illness, and, due to overwhelming stress and an inability to cope, increased risk for substance abuse. Tough times aren't limited to the United States, either. In a recent online article, Jewish Addiction Community Services (JAGS), acommunity-based substance abuse treatment provider in Toronto, Canada, noted a recent jump in admissions of people of all ages. Zalman Goldman, managing director of JAGS, commented, saying, "In times like these, people turn to drugs, alcohol and gambling. We see people of all ages -teens, young adults and adults." A check with the Property Appraiser's website reveals that George Jahn purchased a property June 2005 at 1021 E. Heritage Club Road, Delray Beach ,which coincidently is the same address as Saber diving in Delray ~~C. This company is active according to Florida SunBiz as a Florida Limited biability Company. George Jahn according to Sun Biz was also involved with Jahn in Delray, a Florida Profit Corporation that is presently inactive. Sober diving in Delray LLC according to City records does not have a City occupational permit to operate a business at that address. Professor Jahn is also a member of the South County Recovery Residential Association {SCRRA~, therefore, I believe Professor Jahn's analysis preferring four over three unrelated may be leaning his result in the direction of Sober House's since they will be adversely affected by passage of this ordinance. The inactive Jahn in Delray Florida Profit Corporation lists an address of 220 SE 10 Street, Delray Beach apt. # 301-A. A check of the property appraiser`s website lists this specific apartment's ownership to James Batmasian, who purchased the apartment May 2003. A closer review indicates that Mr. Batmasian owns 39 apartments in a complex of 42 apartments. You can see where three unrelated wo~w~ld really put a crimp is their business. Therefore, how much validity you can put into Professor Jahn analysis is certainly questionable. I offer yo+,a this insight for whatever it is worth to you when deciding between three or four unrelated family next Tuesday. PRC}D Board of Directors has agreed to ask you to pass the ordinance as written. I will continue searching. At the Commission meeting, I will request to speak for six minutes as President of PROD. Thank you, Gerry Franciosa ~~ Florida Limited Liability Company SOBER LIVING IN DELRAY, LLC Filing Information Document Number L02000001994 FEIlEIN Number 010596665 Date Filed State Status Effective Date Last Event Event Date Filed Event Effective C 01/03/2002 FL acTlvE 12!21 /2001 LC AMENDMENT AND NAME CHANGE 01 /02/2008 late NONE Principal Address 1021 EAST HERITAGE CLUB ClR. DELRAY BEACH FL 33483 Changed 07123/2007 Mailing Address 1021 EAST HERITAGE CLUB GIR. DELRAY BEACH FL 33483 Ghanged 07/2312007 Registered Agent Name & Address JAHN, GEORGE 1021 EAST HERITAGE CLUB CIR, DELRAY BEACH FL 33483 US Name Changed: 03!19/2009 Address Changed: 03/1912009 ManagerlMember Detail Name & Address Title OWNR JAHN, GEORGE A 1021 EAST HERITAGE CLUB CIRCLE DELRAY BEACH FL 33483 Annual Reports Report Year Filed Date 2007 02/26/2007 2008 07/03/2008 2009 03/19/2009 Florida Profit Corporation JAHN IN DELRAY, INC. Filing Information Document Number P01000112816 FEI/EIN Number NONE Date Filed 11 /26/2001 Sta#e FL Status INACI"IVE Last Event ADMIN DISSOLUTION FOR ANNUAL REPORT Event Date Filed 10!04!2002 Event Effective Date NONE Principal Address 220 SE 10 ST APT 301-A DELRAY BCH FL 33483 Mailing Address 220 SE 10 ST APT 301-A DELRAY BCH FL 33483 Registered Agent Name & Address JAHN, F. LORRAINE C/O THE SOLOMON TROPP LAW GROUP P.A. 400 N. ASHLEY PLAZA STE 3000 TAMPA FL 33802-4331 US C)fficer/Director Detail Name & Address Title D JAHN, GEORGE A 220 SE 10 ST APT 301-A DELRAY BCH FL 33483 Annual Reports No Annual Reports Filed ~7 Palm Beach County Property Appraiser Property Search System owner tnrormax~on Name: 1AHN GEORGE A A ~~ {~Wn£!r5 ~:~.L:~ Mailing Address: 1021 E HERITAGE CLUB CIR bELRAY BEACH FL 334$3 34$3 Property Information *Total Square Feet: 1994 Acres: 0.0624 Sales a.nrormaxwn Sales Date Book/Page Price Saie Type Owner aun-2005 28886j1507 $46$ri53 WARRANTY DEED ]AHN GEORGE A & D - rropercy lrll VrlllpilV (i Location Address: 1021 E HERITAGE CLUB CIR Municipality: bELRAY BEACH Parcel Control Number: 12-43-46-21-76-000-0030 Subdivision: HERITAGE CLUB REPL Official Records [look; i$$$6 Page: 1507 i_egal Description: HERITAGE CLUB REPL LT 3 Sale Date: Tun-2005 Page 1 of ~ View Map -~~~ GaicuMete Pt~rtability t:xem px~ons Regular Homestead: $25,000 Year of Exemption: 200$ Additional Homestead: X25,000 Total: ;50,000 2QQ8 2QU? 20tl6 X346,500 X355,000 4$6,000 ~i0 $0 346 500 355 000 4$6 000 ttse-Code: 0110 Description: RESIDENTIAL * in residential properties may indicate living area. - Appraisals Tax Year: Improvement Value: Land Value; Total Market Value: Assessed and Taxable Values Tax Year; Assessed Value; Exemption Amount; Taxable Value: 2008 _. 200? 2006 _._... $346 500 $355,000 X4$6 000 50 004 $25,000 $2S 000 296,500 330 000 461 000 rattliCCUrI° Q$tall : aacca~ Tax Year: Ad Valorem: Non Ad Valorem: Total Tax: zQOS Zoc~~ zoo6 6 207 6 615 #10 130 206 176 1$9 6413 $6791 $10319 Tax G>3ia~tatOr Det~llS Tax Collector WebSite NOTE: lower the top and bottom margins to 0.25 on Fiie-r Page Setup menu option in the browser to print the detail on one page. (~ http://www.co.palm-beach.fl. uslpapa(aspx/web/detail_info.aspx?p_--entity-l 2434621'760000... 7/212009 i Palm Beach County Property Appraiser Property Search System owner tnrormat~on Name: BATMASIAN ]AMES H 8< All pwners _ ~~~,~~ Mailing Address: 215 N FEDERAL HWY BOCA RATON FL 33432 3994 2008 2007 2006 $73,526 $77 805 $81,900 $O $0 $0 73 526 77 805 $81 900 aaies inrormanon Sales Date Book/Page Price Sale Type Owner May-2003 15269/0035 $52,000 WARRANTY DEED BATMASIAN ]AMES H 8< ]an-1995 08625/0.149 ' $100 QUIT CLAIM FIORINI ANGELO ]R Mar-1988 05697/0490 $60,000 WARRANTY DEED I, o~~yy~aj~ $ s'at'l~ ~U~IIyc Accesa 3yatam !' Y 4 i~ a~ ii, 4 C ~. ~SJ d ~.. ~,~"y <~~'..~ {yr" .l`r I` f;e~_-~~.jr~ f:. Ef Y"' ;r . t Homt V , . ._ ~ _. - F r~v~c~ ay an~v~ n~a~wn Location Address: 220 SE 10TH ST 301-A View Ma ,,Y~.._. ~.:.........P, ... _ Municipality: DELRAY BEACH ~ caiCUlete 1 Parcel Control Number: 12-43-46-21-49-001-3010 , Portability 1 Subdivision: DELRAY PLACE COND DECL FILED 9-24-84 IN Official Records Book: 15269 Page: 35 Sale Date: May-2003 Legal Description: DELRAY PLACE COND UNIT 301-A Exemptions r Exemption Information Unavailable. ..rr....~...~ Tax Year: Improvement Value: Land Value: Total Market Value: Use_Code: 0400 Description: CONDOMiNiUM * in residential properties may indicate living area. Assessed and Taxable Values Tax Year: Assessed Value: Exemption Amount: Taxable Value: saxes 2008 2.007 2006 $73,526 $77 805 81,900 O $0 $0 $73 526 $77 805 $81,900 Page 1 of 1 Structure Detail 20.08 2007, 2006 $2,337 $1,560 $1,800 $104 85 $82 $2 441 $1,645 $1;882 Property Information Number of Units: i *Total Square Feet: 1124 Tdx-Calculator, _a Details Tax Collector WebSite Tax Year: Ad Valorem: Non Ad Valorem: Total Tax: NOTE: Lower the top and bottom margins to 0.25 on File->Page Setup menu option in the browser to print the detail on one page. http://www.co.palm-beach.fl.us/papa/aspx/web/detail info.aspx?p entity=12434621490013... 7/2/2009 Palen Beach County Property Appraiser Property Search System Pale 1 of 1 rrv~crcy arrra~rrrracrvr~ location Address: 22d SE idTH 5T ids-B ,, View Map Calculate Porti~ibility Municipality: DELRAY BEACH Parcel Control Number: 12-43-48-21-49-002-SOSO Subdivision: DELRAY PLACE COND DECL FILED 9-24-84 IN Official Records Book: 15209 Page: 934 Sale Date: May-2403 legal pescriptign: DELRAY PLACE COND UNIT ids-B owner tnrarmanon Name: BATMASIAN ]AMES 84 All {~WtletS . ~~ Mailing Address: 215 N FEDERAL HWY BOCA RATON FL 33432 3994 aarea~ tnrvrrnauun Sales Date Book/Page Price Sale Type Owner Ail Sales . May-2043 15209/0434 $1,713,828 WARRANTY DEED BATMASIAN ?AMES ~ Aug-1994 08394/d37.8. $idd CERT OF TITLE Feb»1990 06386)1478 $49,Od0 WARRANTY DEED Exemptions I Exemption Information Unavailable. .-.~+t.r s+. o.~ Tax Year: Improvement Value: land Value: Total Market Value: Use, Code: 4400 Description: CONDOMINIUM * in residential properties may indicate living area. i 2008 - ~~n~~~~~~~~~~~~~ 20.0.3 2006 ~73 526 ,,,,,,,,,,, 77 805 ,'8i 900 0 0 $0 $T3 526 $77 805 $81 9dd Property Information I Number of Units: i *Total c}uare Feet: 1124 ~Stt`uCkU~ DirW~II a 2008 2007 2006 73 526 77 805 81 900 d d ~~~~ d T3 526 $77 8d5 $81 9dd 2008 2007 ~r- 2008 __. 2337 $1 560 1,804 104 85 82 $2,44! 1,645 $1,88 ,Ti3x. Calc~Eatvr ~taiis Tax Collector WebSite Tax Year: Ad Valorem: Non Ad Valorem: Total Tax: saxes Tax Year: Assessed Value: Exemption Amount: Taxable Value: Assessed and Taxable Values NOTE: Lower the top and bottom margins to 0.25 on File->Page Setup menu option in the browser to print the detail on one page. http:llwww.co.palm-beach.fl.uslpapa/asp~webldetail__info.aspx?p entity=12434621490021... ?1212{}09 ~7 Palm Beach County -Property Appraiser -Property Search System Page l of 1 Rows 1 to 42 of 42 Click Parcel ID for Detail daek tOxSEafCh p(~?r~atfa „ a~~SXt Owner Name Location Municipality Parcel NI BATMASIAN JAMES & 220 SE 10TH ST 101-A DELRAY BEACH 12434621 BATMASIAN JAMES & 220 SE 10TH ST 101-B DELRAY BEACH 12434621' BATMASIAN JAMES & 220 SE 10TH ST 102-A DELRAY BEACH 12434621 BATMASIAN JAMES & ~ 220 SE 10TH ST 102-B DELRAY BEACH 12434621r BATMASIAN JAMES & 220 SE 10TH ST 103-A DELRAY BEACH 12434621 BATMASIAN JAMES & 220 SE 10TH ST 103-B DELRAY BEACH 12434621 BATMASIAN JAMES 220 SE 10TH ST 104-A DELRAY BEACH 12434621 BATMASIAN JAMES & 220 SE 10TH ST 104-B DELRAY BEACH 12434621 BATMASIAN JAMES & 220 SE 10TH ST 105-A DELRAY BEACH 12434621 BATMASIAN JAMES & 220 SE 10TH ST 105-B DELRAY BEACH 12434621' BATMASIAN JAMES & 220 SE 10TH ST 106-A DELRAY BEACH 12434621' BATMASIAN JAMES & 220 SE 10TH ST 106-B DELRAY BEACH 12434621 BATMASIAN JAMES & 220 SE 10TH ST 107-B DELRAY BEACH 12434621 BATMASIAN JAMES & 220 SE 10TH ST 108-B DELRAY BEACH 12434621' BATMASIAN JAMES & 220 SE 10TH ST 201-A DELRAY BEACH 12434621 BATMASIAN JAMES & 220 SE 10TH ST 201-B DELRAY BEACH 12434621 LEE DAVID 220 SE 10TH ST 202-A DELRAY BEACH 12434621' BATMASIAN JAMES & 220 SE 10TH ST 202-B DELRAY BEACH 12434621' BATMASIAN JAMES & 220 SE 10TH ST 203-A DELRAY BEACH 12434621' BATMASIAN JAMES & 220 SE 10TH ST 203-B DELRAY BEACH 12434621' BATMASIAN JAMES & 220 SE 10TH ST 204-A DELRAY BEACH 12434621 BATMASIAN JAMES & 220 SE 10TH ST 204-B DELRAY BEACH 12434621' BATMASIAN JAMES & 220 SE 10TH ST 205-A DELRAY BEACH 12434621 BATMASIAN JAMES & 220 SE 10TH ST 205-B DELRAY BEACH 12434621' BATMASIAN JAMES & 220 SE 10TH ST 206-A DELRAY BEACH 12434621' BATMASIAN JAMES & 220 SE 10TH ST 206-B DELRAY BEACH 12434621' BATMASIAN JAMES & 220 SE 10TH ST 207-8 DELRAY BEACH 12434621' VALLESIO ELIZABETH A 220 SE 10TH ST 208-B DELRAY BEACH 12434621' BATMASIAN JAMES H & 220 SE 10TH ST 301-A DELRAY BEACH 12434621' BATMASIAN JAMES H & 220 SE 10TH ST 301-B DELRAY BEACH 12434621' GILDNER PHYLLIS M 220 SE 10TH ST 302-A DELRAY BEACH 12434621' BATMASIAN JAMES & 220 SE 10TH ST 302-B DELRAY BEACH 12434621 BATMASIAN JAMES & 220 SE 10TH ST 303-A DELRAY BEACH 12434621 BATMASIAN JAMES & 220 SE SOTH.ST 303-B DELRAY BEACH 12434621' BATMASIAN JAMES & 220 SE 10TH ST 304-A DELRAY BEACH 12434621' BATMASIAN JAMES & 220 SE 10TH ST 304-B DELRAY BEACH 12434621' BATMASIAN JAMES H & 220 SE 10TH ST 305-A DELRAY BEACH .12434621' BATMASIAN JAMES & 220 SE 10TH ST 305-B DELRAY BEACH 12434621 BATMASIAN JAMES & 220 SE 10TH ST 306-A DELRAY BEACH 12434621 BATMASIAN JAMES & 220 SE 10TH ST 306-B DELRAY BEACH 12434621 BATMASIAN JAMES & 220 SE 10TH ST 307-B DELRAY BEACH 12434621 BATMASIAN JAMES & 220 SE 10TH ST 308-B DELRAY BEACH 12434621 Rows 1 to 42 of 42 Click Parcel ID for Detail Bae~ ~ SearC~ ~ F?f'~y9a3tt„S ~11f;,K~ . Record Search ~ Exemption E-File ~ Inform~tlon ~ Exemptions ~ Community ~ Employment ~ New,Nome Buyer ~ Office Locations _... Value_Adjustment Board ~ Save Our,Homes ~ Senlor_Corner ~ Disclaimer home ~ Links ~ Glossary ~ FAQ ~ Forms ~ Contact.Us ~ PAPA ©2009 Palm Beach County Property Appraiser. YJ 111 http://www.co.palm-beach.fl.us/papa/aspx/sales/search results.aspx7styp=general&stno=22... 7/2/2009 George A. Jahn, Professor, Department of Mathematics Palm Beach Gardens Location 3160 PGA Boulevard Palm Beach Gardens, FL 33410-2893 Office: (561) 207-5061 Cell: {561) 926-1445 E-mail: jahng~~pbcc.edu Web Site: www.pbcc.edulfacultyljahng June 25, 2009 To: Mayar Neison S. "Woodie" McDuffe Vice-Mayar Gary Eliapaulas Deputy Vice-Mayor Mackenson Bernard ~~ Commissioner Fred Feuer Commissioner Adam Frankel Re: Statistical Analysis of Proposed City Ordinance regarding Definition of "Family" -Supplement Dear Sirs, After the first reading of the above referenced Ordinance, at the City Commission Meeting of June 2, 2049, 1 have collected additional data sourced from the membership records of the South County Recovery Residence Association {SCRRA), as well as the websites of various recovery residences (i.e., halfway or sober houses), that would be subject to Ordinance No. 29-09 regarding "Transient Residential Uses". Based upon that data, the attached Supplement is submitted for your review and consideration. Please feel free to contact me at your earliest convenience, with any questions or comments. Best Regards George A. ,lahrt Statistical Analysis of Proposed Ordinance on Definition of "Family" (Supplement) May ~ ~, coos To: Mayor Nelson S. "Woodie" McDuffie Vice-Mayor Gary Eliopoulos Deputy Vice-Mayor Mackenson Bernard Commissioner Fred Fetzer Commissioner Adam Frankel Members of the City of Delray Beach Planning & Zoning Board Re: Supplement to Statistical Analysis of Ordinance No. 27-09, Definition of "Family" After the first reading of the above referenced Ordinance, at the City Commission Meeting of June 2, 2449,1 have collected additional data sourced from the membership records of the South County Recovery Residence Association {SCRRA}, as well as the websites of various recovery residences {i,e,, halfway or sober houses}, that would be subject to Ordinance Na. 29-09 regarding "Transient Residential Uses" Based upon that data, the follow may be concluded: 1. The order of presentation may have caused a misrepresentation of the need andlar effect of the various "New Ordinances" ,~ During the Planning & Zoning Board meeting of May 1$, 2449, Ordinance No. 29-09 regarding ~, "Transient Residential Uses" was first to be reviewed, while for the City Commission Meeting of June 2, 2449, Ordinance No. 27-09 regarding "Definition of Family", was first to be reviewed and voted upon, In both cases, the first of the four Ordinances presented at each meeting, received the bulk of "public comments" {both for and against all of proposed changes} and the vast majority of the comments were regarding the "Transient Residential Uses" {i.e., halfway or sober houses} in Single Family Residence Areas. There were several "public comments" in opposition to Ordinance No. 27-09 regarding "Definition of Family", limiting the definition to "Three (3} or fewer unrelated individuals" and only one in support of the new definition. When we consider the effect of the othe three ordinances before addressing the new "Definition of Family", we find that: / Ordinance No. 29-09 regarding "Transient Residential Uses", eliminates approximately 6$°la of all the Recovery Residences facilities (i.e., halfway or sober houses) that would fall under the definition of a "Transient Residential Uses" by the fact that the 6$°!° are located in Single Family Residence Areas. / Ordinance Na. 29-09 regarding "Transient Residential Uses", also addresses 144% of the complaints that were voiced at the City Commission Meeting of June 2, 2449, since they would all fall under the exclusion of "Transient Residential Uses" from Single Family .Residence Areas, There were no complaints aired from the Public regarding any "Transient Residential Uses" {i.e., halfway or sober houses, or any other rentals) in Residential Medium Density Areas. r I ~_ 2. The effect of Ordinance No. 27-09, definition of "Family" when applied to the Recovery Residences data (i.e., halfway or sober hawses}, that is subject to Ordinance No. 29-09 regarding "Transient Residential Uses" The statistical data collected by the U.S. Census Bureau in 2000, shows the average family size (mean) of 2.87 people, while the Recovery Residences data (i.e., halfway and/ar sober houses) has a mean of SA people. Thus we see the effect of the two possible definitions of "Family": Three or Fewer Unrelated Individuals Four or Fewer Unrelated individuals z.at s.r~ ~.s~ ,s.n J "~ -Includes only 74% of all Families -Includes 95°l0 of all Families - Excludes 93% of "Transient Residential Uses" -Excludes 69°l0 of "Transient Residential Uses" With either 3 or 4 unrelated individuals in the "Definition of Family" 1(KI°lo of "Transient Residential Uses" in Single Family Residence Areas are still be excluded. 3. Conclusion {Unchanged} The Proposed Ordinance to amend the definition of "Family" to include "a group of persons not more than three {3} in number" of unrelated individuals is not a statistically valid conclusion based upon the data collected in the 2000 U.S. Census. The definition of "Family" to include "a group of persons not more than four (4} in number" of unrelated individuals is a statistically valid conclusion that can be substantiated based upon the data collected in the 2000 U.S. Census. In addition, The definition of "Family" to include "a group of persons not more than four (4} in number" of unrelated individuals addresses the goals of the city, as well as the expressed concerns of the residents, who made "public comments" (both for and against all of proposed changes}. Therefore, if the proposed Ordinance to define "Family" is passed, it should be changed to allow for a definition of "Family" to include "a group of persons not more than four {4} in number" of unrelated individuals. Alternatives Plan A - Change Ordinance (No. 27-09} the definition of "Family" to include: and i) "a group of persons not more than. three (3} in number" of unrelated individuals in Single Family Residence Areas. ii} "a group of persons not mare than four (4} in number" of unrelated individuals in Residential Medium Density Areas. Plan B -Change Ordinance (No. 29-09} regarding "Transient Residential Uses" to include a "Transient Residential Use" Permit (with an fee of $50/yr.) in addition to the already required "Land Lord Permits" fees, which would allow for a rental to "a group of persons not more than four (4) in number" of unrelated individuals only in the required ';~ Residential Medium Density Areas. Dear Mayor and Commissioners: I h v k n he Jibe to email this to ou for our erusal. There is so much a e to e t rty y y p on this subject that I believe I will not have enough time to discuss all my findings with you at tomorrow ,sight's meeting. Regards Gerry Franciosa ORDINANCE #27-09, CITY OF DELRAY BEACH This ordinance does not single-out any specific group and affects any property owner in the City who rents their property, however; the Sober House community has risen to the forefront of opposition to this ordinance. Therefore, I have selected to analyze their opposition. This is part of that analysis. I had expected to meet with Professor Jahn and discuss his findings and his statistical analysis, material he forwarded to Commission members and spoke about at the first public reading of this ordinance. Although I received an email (attached) from Professor Jahn indicating he would contact me to discuss his findings the meeting never took place. I therefore prepared my analysis after extensive research of Professor's Jahn analysis. GERRY FRANCIOSA'S ANALYSIS OF PROFESSOR JAHN'S SUBMISSION CONCERNING ORDINANCE #27-09 Mr. Hahn has asked a useful question, "How many Delray Beach households would be affected by the proposed changes?" Unfortunately, he then uses inappropriate national average family size statistics combined with private source numbers to construct a faulty "statistical analysis" to support his pre conceived opinion. 1. The analysis uses statistics for families as defined by the US Census Bureau. Family: A family is a group of two people or more (one of whom is the householder) related by birth, marriage, or adoption and residing together; all such people (including related subfamily members) are considered as members of one family. Beginning with the 1980 Current Population Survey, unrelated subfamilies (referred to in the past as secondary families) are no longer included in the count of families, nor are the members of unrelated subfamilies included in the count of family members. The number of families is equal to the number of family households; however, the count of family members differs from the count of family household members because family household members include any non-relatives living in the household. (Source: ~• http://wwtv.census.~ov/population/~wvwv/cps%c~sdef.html) '-'~ Professor John's analysis would have been more accurate if he had used the Census Bureau statistics far group quarters Group quarters: As of 1983, group quarters were defined in the current population survey as non-institutional living arrangements for groups not living in conventional housing units or groups living in housing units containing ten or more unrelated people or nine or more people unrelated to the person in charge. (Prior to 1983, group quarters included housing units containing tlve or more people unrelated to the person in charge.} Examples of people in-group quarters include a person residing in a rooming house, in staff quarters at a hospital, or in a halfway house. Beginning in 1912, inmates of institutions have not been included in the Current Population Survey. (source: http://www.census.goo/populatio.nlwww/cpslcpsdef.hti~nl} 2. The comparison group information is presented with only a vague reference to its source, although an establishment {refer to Professor John's relationship with Sober House LLC) has been made connecting Professor Jahn directly to the subjects affected by the passage of this ordinance, the SCRRA Association. To use his words; "I have collected additional ~..~- data sourced from the membership retards of the South County Recovery Residence Association (SCRRA}, as well as the websites of various recovery residences (i.e., halfway or sober houses)." What does that mean? There is no information to support his {implicit) assumption that the group is a normal distribution. There is no information to support his (implicit) assumption that the sample information represents the population as a whole. Nothing in this approach supports his assumption. Again -statistically invalid. Nat to be insulting and to be a bit subjective, an analysis, especially produced by a Professor of Mathematics at a local Community College, this is simply bad analysis that would not be acceptable if a student in an introductory statistics Course submitted it. However, the question of impact is a good one; and it is perfectly reasonable far anyone to present his opinion. To use ones position and College affiliation as a method of presenting opinion as statistically not supported by fact is wrong. Respectively submitted, Gerry Franciosa, Juty 6, 2009 C EMAIL RECEIVED JULY 1, 2009 FROM PRt3FESSC}R JAHN Hello Gerry, The analysis I prepared was presented by myself as a resident and property owner of the City of Delray Beach. It was not paid for, nor does it represent any opinion other than my own. I would be glad to discuss the analysis with you at your earliest convenience. 1 wilt try to contact you tomorrow. Best Regards, George A. Jahn Professor, Dept. of Mathematics .FILLING OF A PAIL, Palm Beach Community College OF A FI RE" Palm Beach Gardens Location - William Butler Yeats Office 5b1-207-50b1 Cell 5b1-926-145 "EDUCATION IS LESS THE THAN THE LIGHTING From: Gersan2C~aol.com [Gersan2C~aol.com] Sent: Wednesday, July 01, 2009 10:18 PM To: Jahn, George Cc: wmcduffieCmydelraybeach,cam; gpeC~mydelraybeach.com; MackBernardC~MyDelrayBeach.com; FetzerC~MyDelrayBeach.com; FrankelC~MyDelrayBeach,com Subject: your research on Delray Beach ordinance 27-09 Dear Professor George Jahn: My name is Gerry Franciosa and I read your Statistical Analysis of Proposed City Ordinance regarding Definition of "Family" you sent to the Delray Beach Commissioners- and was wondering if you are being paid for this analysis or are you volunteering your services? If you would be so kind to phone me I would like to discuss your analysis in detail. Thank you, Regards, Gerry Franciosa, President of the Progressive Residents of Delray (PROD) Phone 561-71b-7355 HALLWAY OF LIFE RECOVERY CENTER, INC. is a Florida profit corporation located, according to its website at 137 South Swinton Ave., Delray. A check of SunBiz ~ti-- records indicates the principal business address ofthe corporation is 23257 State Road 7, Boca Raton. The only officer listed for the corporation is Dr. Lacreshal Hall at the same aforementioned address. A property appraiser records check indicates that 137 South Swinton Ave. is an 8-unit complex with all the units owned by Mijola, Inc. A SunBiz record check of Mijola indicates the principal address as 5933 West Hillsboro Blvd, Pompano Beach and.a director listed as Frank Cid at the same address. I have also attached some info from the website afHALLWAY OF LIFE RECOVERY CENTER, INC. By examining the record documents available, you see how convoluted this sober house business really is. CAN VVE SAFELY SAY WHAT DUES UN AT 137 SOUTH SWINTON AYE? f ~. Florida Profit Corporation HALLWAY OF LIFE RECOVERY CENTER, INC. Filing Information Document Numt FEI/EtN Number Date Filed State Status Effective Date >erP07000109751 261178172 10/0412007 FL ACTIVE 10/0412007 Principal Address 23257 STATE RD 7 STE 204 BOCA BATON FL 33063 US Mailing Address 23257 STATE RD 7 STE 204 BOCA BATON FL 33063 US Registered Agent Name & Address HALL, LACRESHA L M.D 23257 STATE RD 7 ~.~ STE 204 MARGATE FL 33063 US Q~fficer/Director Detail Name 13~ Address Title P HALL, LACRESHA L M.D 23257 STATE RD 7 STE #204 BOCA BATON FL 33428 Title CEO HALL, LACRESHA L M.D 23257 STATE RD 7 STE #204 BOCA BATON FL 33428 Annual Reports Report Year Filed Date 2008 01 /16!2008 2009 0413012009 [~ Florida Profit Corporation ~ MIJOLA, INC. Filing Information Document Number P02000134046 FEl/ElN Number 050547445 Date Filed 12/24/2002 State FL Status ACTIVE Effective Date 0110212003 Principal Address 5933 WEST HILLSBOROR BLVD POMPANO BEACH FL 33067 Changed 05J02J2007 Mailing Address 5933 WEST HILLSBOROR BLVD POMPANO BEACH FL 33067 Changed 05102/2007 Registered Agent Name ~ Address {~ CID, FRANK X ~; 5933 WEST HILLSBORO BLVD POMPANO BEACH FL 33067 Address Changed: 05!0212007 C}fficerlDirector Detail Name 8~ Address Title D CID, FRANK X 5933 W HILLSBORO BLVD SUITE 206 PARKLAND FL 33067 Annual Reports Report Year Filed Date 2007 05/02/2007 2o0s a4J17/200a 2009 0210312009 ~, Palm Beach County Property Appraiser Property Search System n u Pale 1 of 1 ~e..r~.,.r ,,.........a...~.. LOCatiOn Address: 137 $ SWINTON AYE 8 VIeW ~~ ~. ~ . Municipality: DELRAY BEACH r C81CUI8t9 parcel Control Number: 12-43-46-16-70-000-0060 ' }~fll"~8bi~ltjl Subdivision: WINSTDN COND DELL FILED 3-4-80 Official Records Book: 14685 page: 380 Sale Date: Jan-2803 Legal,Descr,iption: WINSTON COND UNIT 8 owner tnrormacwn Name: MIJOLA INC All, C1wn~r5 . Mailing Address: 5933 w HILL5BOR0 BLVD STE 206 PARKLAND FL 33067 4542 ~a~es inrormazwn sales Date BookjPage Price Sele_Type Owner All dales, ... ; r,. Jan-2003 zase5,/83a8 $755,000 WARRANTY DEED MIJOLA INC Jul-2000 11983/_1313 $475,000 WARRANTY DEED WYD CORP Apr-1998 18at;gJ©572 $75,000 WARRANTY DEED BEHAR MARK Exemptions ~~ ~ Exemption IM`ormatian Unavailable. ,~,r, t..... ~..... Tax Year: Improvement Value: Land Value: Total Marke# Value: Use.Cade: 0400 Description: CONDOMINIUM # in residential properties may indicate living area. 2008 ` - - 2007 ~~~~~~ ~~~~~mr~n~~~n~na'-- 2008 - ___-- 126 000 ~" izs 540 ~~~~~~~ 125 Ba0 $ $~ ~ ,,,,,,, o 126 000 $126 640 $126 640 property Information Number of Units: i ~_'__~ *Total square Feet: 756 ~Structure.Qetaif . 2008 2007 ~~~~~~2008 $126 000 $126,840 126,840 0 0 0 126 000 $126 840 $126 840 Zoos 20~~ 2t~06 2,561 $2,543 $2,78 137 118 115 $2,698 $2,661 2190 ~TBX Calee~iat{?~ ~, C~+etails. ,;, r~ Tax Collector WebSite Tax Year: Ad Valorem: Nan Ad Valorem: Total Tax: saxes Tax Year: Assessed Value: Exemption Amount: Taxable Value: Assessed and Taxable Values NOTE, Lower the top and bottom margins to 0.25 on fife->Page Setup menu option in the browser to print the detail on one page. ,~ http:llwww.co.pclm-beach. fl.uslpapalaspx/web/detail_infa.aspx?p__entity=.124346 16700000... 713/2009 Pa11n Beach County -Property Appraiser -Property Search System Page 1 of 1 ~~ Rows 1 to 8 bf $ Click Parcel SD far Detail ~~( tQ Sel~~~ ~~~YIQ?.kS ~~' X~ Qwner Name Location Municipality parcel N+ MI.10LA INC 137 S SWINT4N AVE 1 DELRRY BEACH 12434616; MI]OLA INC 137 S SWINTON AVE 2 DELRRY BEACH 12434616: MIIOLA INC 137 S SWINTC7N AVE 3 DELRRY BEACH 12434616: MI70LA INC 137 S SWINTON AVE 4 DELRRY BEACH 12434616; MI.It}LA INC 137 5 SWINTt}N AVE 5 DELRRY BEACH 12434616: MIJCtLA INC 137 S SWINTON AVE 6 DELRRY BEACH 12434616; MIJC7LA INC 137 S SWINTON AVE 7 DELRRY BEACH 12434616: MI]f7LA INC 137 S SWINTt?N AVE 8 DELRRY BEACH 12434616; Record_5earch { Exemption E-File ~ Infarmatlon { Exeni,ptions {Community (Employmenk { tdcwr_Name_tluyer (Ottice_LOCa_twns Value AdJustment Board {Save Our Homes { SePior Corner { pis_Uaimer Nome { Links ~ Glossary ~ FAQ ~ Forms ~ Contact Us ~ PAPA_ p 2004 Palm Beach County Property Appraiser. http:lJivww.ca.palm-beach.fl.us/papalaspx/saleslsearch results.aspx?stvp=general&stno=l3... 713I?()(19 Newly Opened, Hallway of life Recovery Center, Inc. Meets the Unique Needs of Wamen in Recovery in Delray Beach, FI Psychiatrist Owned and tperated Halfway House Empowers Wamen, Teaches a New Way to Give. Delray Beach, FL, February 02, 2008 --(PR.com)-- Hallway of Ufe Recovery Center, Inc., the only psychiatrist-awned transitional living facility far women in Delray Beach, today opened its doors to females dedicated to changing their lives. Owned and operated by lacresha Hail, MD, Hallway of life combines Christian principles and the 12-step model of recovery to deliver a program specifically tailored to the unique living needs of women in all stages of recovery, Locafied moments from the ocean on Florida's illustrious Gold Coast, Halfway of life provides women the unique and supportive environment necessary for rebuilding their life and maintaining abstinence from substance abuse. Dr. HaN, a veteran in the field of addiction treatment and women's psychiatry, has drawn on her education and experience to design a program that promotes emotional, spiritual and economic independence. "Through my experience in dealing with women's issues, we have established a program that helps females find their autonomy and develop into the women that God has intended them to be," said lacresha Hall, MD, Owner, Hallway of Life Recovery Center, Inc. "We believe that all women, under the right conditions and guidance, can achieve a life that is whole, esteemed and spiritually fit." Hallway of Life fosters an environment that is both rich in compassion and structure. By focusing on aftercare compliance, the staff at Hallway of life helps women address their diverse needs, offering the following services: regular drug testing, weekly bible study, psychoeducation, self-help workshops, dance and movement classes, meditative arts, 12-step meettngs, relapse prevention groups, resident council and special interest seminars surrounding eating disorders, domestic violence and other topics facing women. Hallway of Life is a state-af-the-art facility that provides 24-hour staff support, employment within walking distance, Internet access in all apartments, and an array of other amenities. The program ~~ promotes financial freedom through sound money management and the lease agreement is structured to help residents sane money and make investments that will benefit them in the long run. The center is conveniently located at 137 S. Swinton Ave., Delray Beach, FI. 33444, and is now accepting applications. For additional information, please visit www.HaliwayofLife.com. About Hallway of Life Recovery Center, Inc. Hallway of life Recovery Center is a Christian based sober living environment providing a safe place far women to practice the skills necessary to maintain abstinence from substance use. They focus on empowering women emotionally, spiritually, and economically using a combination of Christian Principles and the 12 Step Program. Hallway of Life wants to help women regain their independence so they can live the life God has intended for them. Far additional information, please visit www. HaliwayofLife. com. ### l~ Sober living is about more than a place to Live. It is about a way of li, fe. T~1~omen in recovery have special needs and at Hallway of Life Recovery Center the provide a structured living environment to help women ful, fill those needs by building independence through emotional, spiritual and economic growth. ~~j ~~ g . ,. ,~ j. ,y,, ~~ . t.•., ~fi.+~^ t~.r~ ral E.. L ~: e x . ,p ~di}}~~a~yyfl,~•g~~~r~, g 3 ~c ~.~dl sk ~J 1.{}.~~*~Ri,~~ll~* € .{ i ~:'• " n ;$ a !'~~ (..~' l• ~ tterfly Cottages ~~~ Delray Beach, FL ,~ `--' OwnerfManager- Janis Spector ~ ~~,~~' 561-400-1996 ~~1~ Mustard Seed For Women Delray Beach, FL Executive Director; Wendi 561-702-1334 Manager; Jiil 561-305-3470 Discovery House Delray Beach, FL --~~t www. discoveryho~s~inc. co m hector; John Suto f 561-350-5181 Haallway of Life recovery Center, Inc. Delray Beach, Fi. Owner: Lacresha Hatl, M.D ~~ General Manager. Shannon Hoots t-' ~~~? ` 137 S. Swinton Ave www.l~Iatlwgyo€Life.com 561-908-6277 or toil free 888-7Hallway Harm n ouse ( n~ Miam FL ~rS01= 93 St. Manager: Ca erine 305-879-7750 ~aling Properties, Inc. Delray Beach, FL 185 NE 4th Ave. #305 t~ ~h,~propertres. org pvww. F~ea1 ingp ro~ties. om Ph.561-265-4561 Cell. 561-251-2770 Lotus Recovery Residence Defray Beach, FL 48 SE 1st Ave, Administrator: Renee Stiff 954-588-7039 Oceanbreeze Cottages Delray Beach, FL Contact: )o Linda 1-561-523-2806 ~~~Palm Gardens Sober .Rents IS Delray Beach, FL A Safe Haven far Healing Mind, Body, and Spirit www.soberrentoTs.corr~ Toll Free: 866-533-9593 Office: 561-454-2947 Fax: 561-454-2905 ~ Recovery done Delray, FL Owner: Dawn Jonas 561-699-1577 The Lighthouse Cottages Delray Beach, FL Executive Director: Richard 7oslin www.lioF~t usedelray.com S6i-243-4040 ~,,,,,~. ~ Sc,y~e~ C Florida Profit Corporation HEALING PROPER/"IES, INC. Filing Information Document Number P06000046363 FEIIEIN Number NONE Date Filed 03/30/2(}06 State FL Status INACTIVE Last Event ADMIN DISSOLI,ITION FOR ANNUAL REPORT Event Date Filed 09/14/2007 Event Effective Date NONE Principal Address 217 ViA D"ESTE #1804 DELRAY BEACH FL 33445 Mailing Address 217 VIA D'ESTE #1804 DELRAY BEACH FL 33445 Registered Agent Name 8~ Address GREENBERG & STRELITZ, P.A. 4800 N. FEDERAL HIGHWAY SUIfE304D BOCA RATON FL 33431 US Officer/Director Detail Name t~ Address Title PD YARBROUGH, DENNIS 217 VIA D'ESTE #1804 DELRAY BEACH FL 33445 Annual Reports No Annual Reports Filed U ~V JANE GRC}SS, a'v~4'v~a ~1~im~s i'iiblished Navemhe+~ i ~, 20t}7 DELRAY BEACH, Fla. -Whitney Tower, 56, a scion of the Whitney, Vanderbilt and Drexel fortunes, squandered his trust fund and sold family treasures to support a $i,ooo-a-day heroin habit before landing in atough-love facility near here seven years ago and never leaving. "If I went back to New York I'd be dead in two weeks," he said. In some ways Mr, Tower, who spent three decades in and out of treatment, remains a creature of his pedigree. He favors foppish linen suits and drops names of the fast crowd he once ran with. But his social life these days is dinner at home with sober friends. who have settled here in what experts consider the recovery capital of America. He is studying addiction counseling, and he works as an unpaid intern at a local drug treatment center, Delray Beach, a funky outpost of sobriety between Fort Lauderdale Recovery communities are springing up outside the. walls of rehab centers for alumni seeking the safety in numbers. and West Palm Beach, is the epicenter of the country's largest and most vibrant recovery community, with scores of halfway houses, more than S,ooo people at 12-step meetings each week, recovery radio shows, a recovery motorcycle club and a coffeehouse that boasts its own therapy group. The prototype community is in lt~innesota, near the Hazelden clinic. But recovering substance abusers are also sinking roots in Arizona, Southern California and the Gald Coast of Florida -places with more sizzle and better weather. Lindsay Lohan spoke hopefully of finding eternal rehab in the Wasatch mountains of Utah, near Provo, where some graduates of her latest drug treatment center have moved. Delray Beach is in a class by itself, experts say, because of its compact geography and critical mass of recovering addicts who cross paths daily in the shop a d bistros along Atlantic Avenue. They fly beneath the radar of tourists oblivious to telltale signs of addiction, like unapologetic chain smoking, But they see one another ever~~where: On the patio at Starbucks, reading the "Big Book," the bible of Alcoholics Anonymous. At the Longhorn restaurant, pushing tables together for Friday night gatherings. At the Crossroads Club, the headquarters for 115 12-step meetings a week, where gossip is of romance between recovering addicts, overdoses; suicides and friends who have successfully moved back home. "~i'his community is one big helping hand that is always open," said Mike Devane, a new halfway house owner, who lost his job and family in New Jersey before coming south five years ago to get sober. This society-within-a-society gets mixed reviews from addiction experts. A few find it insular and coltish. "Cutting off contact with the outside world, is that a sign of mental health?" asked Stanton Peele, a psychologist and author who challenges much conventional wisdom in the field. But many more experts note that a recovery community like Delray Beach may provide a promising environment for certain addicts. While such communities have not been studied, there is consensus that substance abuse is a chronic and relapsing disease, comparable to dia etes or high blood pressure. It thus requires permanent lifestyle changes that maybe easier in a new environment. Relapse rates range from go percent, for short treatment programs with na follow-up care, to 4o percent when treatment is comprehensive and long-lasting. And even then, new research shows that sustained addiction can lead to changes in the brain that make relapse all but inevitable, experts say. Success, for those entrenched addicts, is measured by longer and more productive periods of sobriety and shorter and less damaging periods of substance abuse, z A, Thomas McLellan, director of the Treatment Research Institute at the University of Pennsl~ania, said the way to judge the wisdom of retreating to a bubble of sobriety like Delray Beach was t4 ask: ".Where were they before? This maybe their best available option." Harold Jonas, ~2, kicked a heroin habit two decades ago in this beachfront city, far from his native Philadelphia, and decided to stay. He married a fellow addict, raised a family, earned a doctorate and opened a halfway house for substance abusers making the transition from residential care to independent living. Steadily, Dr. Jonas and his wife, Dawn, expanded their cottage industry. They organized an association of halfway house owners and opened I~offeeOkee, the coffeehouse-karaoke bar. Mr. Devane was among 20 Delray Beach residents who gathered at the cafe one recent night for a weekly counseling session. {Jne "normie" -their word for the 65,000 year-round town folk - wandered in unawares and was allowed to stay, First-timers sat at the periphery of the circle, avoiding eye contact with others. But Jeannie Soros, a onetime addict and now a therapist who sees private patients in a cottage behind KoffeeQkee, soon had everyone sharing closely guarded secrets. (one admitted resuming a "sick relationship" with adrug-abusing lover. Another, although sober, said she continued to steal from friends.ll~Ir. Devane, his voice a whisper, confessed to having been a bad father. Many here have lost custody of their children. Among them is Jennifer Boeth Whipple, 53, a journalist who arrived in the clutches of alcoholism in X998. Ms. Whipple said she "took to heart" -during her third, effort at rehabilitation - "that same people have to change their lives completely to maintain sobriety." So she stuck around, following a carefully phased program, known as the Florida Model, from residential treatment to a halfway house and :7 a "recovery job" at Home Depot. Eventually she bought a condominium and worked for an art dealer. Far six years, Ms. Whipple said, she "felt very safe here, surrounded by people who'd been through what I'd been through" - detoxing in the same roach-infested apartments, cycling through recovery centers familiar to New Yorkers, like Silver Hill or Four Winds. Then a year ago, "after I'd gotten my sea legs," Ms. Whipple returned to New York City, where her son lives with his father. All is well, she said, except she is lonely. She talks to her friends often. "At times," Ms. Whipple said, "Florida still beckons." It is difficult to count the recovery population here because only residential treatment beds are licensed by the state. As of Nov. 1, almost. 3,50o people were being treated as in-patients in Balm Beach, Broward and Miami-Dade Counties in southeastern Florida, by far the largest concentration in the state. Halfi~vay houses, by contrast, are unregulated. But Dr. Jonas said there were about 1,200 halfway house beds in this city alone. With rent averaging $17S a week, these businesses generate almost $r~ million a year. Law-wage jobs for people in recovery are plentiful in a tourist economy. Recovering addicts make smoothies at Ben and Jerry's, and sell housewares at Crate and Barrel.. Among the current worker bees are an executive chef and a professional baseball player, both busing tables. "Just about every business in town has at least one of us, whether they know it or not," said Susan Miller, sober for ~3 years and executive director of the Crossroads Club, command central for newcomers seeking meetings, housing, transportation -for those with too many D.W.I.'s to drive -and legal help. r~ 4 Typically modest bungalows, halfway houses provide structure and supervision -curfews, random urine tests, the requirement that LL tenants have jobs and attend meetings. Still, unscrupulous owners prey on tenants by "flipping" the same bed, insisting on several months' rent up front, then evicting someone for rules violations and re-renting the room. Some owners also put rule-breakers out on the curb, with no alternative housing, which can lead to crime and an outcry from neighborhood homeowners. A movement to ban halfway houses in residential neighborhoods has so far been unsuccessful, with courts ruling that such restrictions violate the ~-mericans with Disability Act. The association of halfway- house owners is trying self-regulation, and its members are required to find a placement for an evicted tenant, often at a discounted rate in a motel Dr. Jonas awns. A bigger concern, said Detective Gary Martin in the Palm Beach County Sheriff s {~fi~ice, is drug overdoses - X18 in 2oo~i and 241 during the first nine months of 2007. "I consider close to one overdose every S6 hours a big problem," Detective Martin said. The overdoses highlight the high risk of relapse. Indeed, even owners of halfway houses fall off the wagon, leaving tenants like Katrina W., 28, clean for a few months of a heroin and crack cocaine addition, suddenly in charge. One resident, testing Katrina's limits, came home smoking crack and blew smoke in her face, Katrina got the resident out without incident and managed to hold on to her fragile sobriety. Sobriety is the tightrope addicts walk, even years into recovery. Claire Condon arrived here at age 19, a six-foot beauty withered to i00 pounds by heroin. But in Delray Beach she got sober, got a modeling job, a "normie" boyfriend, a condominium and two dogs. Then, a year ago, at age 27, everything unraveled. Ms. Condon battled depression, smoked marijuana to take the edge off her misery, then upgraded to cocaine and OxyContin, She text messaged friends from recovery, urging them to stay away. ,, t e "I didn't want to be a tornado in their lives," she said. "But every time they heard someone died, they thought it was me." Ms. Condon resumed treatment, however, and returned to her regular meetings at the Crossroads Club. Back at Square 1, she still hopes to leave here one day. She misses the mountains and the seasons of Connecticut, "That's my goal," Ms. Landon said. "But what pulls on my heart is the people here, the connections I made at a time of desperation." C7 F' f BELt~W IS THE SECTIl~N FRt3M THE CITY (,1F ~(}CA RAT(.~N 'ODE, THAT DEFINES WHAT A`FAMILY" IS: ARTICLE I. IN GENERAL Sec. 28-1. Title. This chapter shall be known and cited as the zoning ordinance. (Code 1966, § 25-1) Sec. 2&2. Definitions. "Family" shall mean 1 person or a group of 2 ar more persons living together and interrelated by bands of consanguinity, marriage or legal adoption, or a group of persons not more than 3 in number who are not sa interrelated, occupying the whole or part of a dwelling as a separate housekeeping unit with a single set of culinary facilities. The persons thus constituting a family may also include gratuitous guests and domestic servants. Any person under the age of 18 years whose legal custody has been awarded to the state department of health and rehabilitative services or to a child-placing agency licensed by the deparlkment, ar who is otherwise considered to be a foster child under the laws of the state, and who is placed in faster care with a family, shall be deemed to be related to and a member of the family far the purposes of this chapter. Nothing herein shall be construed to include any roomer or boarder as a member of a family. Larry D'Amato Zoning Officer City of Boca Raton JAMES I~. V'FiEEN, P.A. LAWYERS JAMES K. CaREEN July 2, 2409 Mayor Nelson S. "Woodie" McDuffie Vice-Mayor Gary Eliopoulos Deputy Vice-Mayor Mackenson Bernard Carnnzissioner Fred Fetzer Commissioner Adam Frankel City of Delray Beach 100 N.W. 1 s` Avenue . Delray Beach, FL 33444 Re: Proposed Ordinance No. 27-09 {family definition} Dear Gentlemen: SUITE 1880. ESPERANTE' 222 LAKEViEW AVENUE Wt~s'T Pata3 Beac~c, Fwxma 33401 a8~.8as.2o2e FACSIMILE S8t.88S.i387 u ~~~ ~ ~ ~~ ~ cin can~n~issio~ C~• I represent Wellness Resource Center which provides housing to groups of four unrelated people who live together as a family in recovery in the City of Delray Beach and receive substance abuse treatment off premises in the City of Boca Raton. We urge you to oppose fJrdinance No. 27-09, which proposes to re-define "family" fram na mare than five unrelated persons to three. The quotation fram Judge Middlebrooks cited in the last whereas clause of the ordinance is taken out of context and does not reflect his actual ruling.' For the reasons set forth in Dr. Jztiili's analysis, t:~~e deference to the Census Data collected by the U.S. Census Bureau in 2000 set forth in the second-to-last whereas clause te11s us nothing. We believe that such a reduction is not only unnecessary, but will, as applied to our residents and other people with disabilities, violate the Americans With Disabilities Act {ADA} and the Fair Housing Act {FHA}. Even were the City to reduce the number of unrelated persons in its family definition, we respectfully note that a 1 "WHEREAS, the United States District Court for the Southern District of Florida, held in Jeffrey d. v. ~`ity of B©ca Raton, 511 F.Supp. 2d 1339 (S,D.Fla. 2407), that there is `nothing wrong with the number three that the City has chosen."' ~I~a^~ reduction to four, as suggested by Dr. Sohn, and not three, would not adversely affect our clients. I. Recovering People Are Considered Disabled and Entitled to the Protections of the FHA and ADA In 1988, Congress amended the FHA to include people with disabilities as a protected class, including people in recovery from alcohol or drug abuse. 42 tT.S.C. §3b(71 et. seq. The FHA is a "clear pronouncement of a national commitment to end the unnecessary exclusion of persons with handicaps from the American mainstream." H.R. Rep, Na. 711, 1flOth Cong. 2d Sess. 18, reprinted in 1988 gi:L'.S.C.C..~..~T. 2.17, ~ l 79 [herein:~.ftPr "Hn~~~:¢ T?_ep:~r{";. F~~rtl~er_ynore, this law "is intended to prohibit the application of special requirements through land-use regulations ... that have the effect of limiting the ability of such individuals to live in the residence of their chviee in tl~e c©mmunity." House Report at 2185 emphasis added). To accomplish these objectives, Congress provided that discrimination covered by the Act includes, among other practices: a refusal to make reasonable accommodations in rules, policies, practices, or services, when such accommodations may be necessary to afford [handicapped persons] equal opportunity to live and enjoy a dwelling. 42 LJ.S.C. § 3604 (f}(3)(B) quoted in City of Edmonds v. Oxford Huse, Inc., 514 U.S. 725, 115 S.Ct. 1776, 1779 (1995). As Congress explained, this provision means that certain practices are no longer defensible simply because that is how business has always been. conducted: A discriminatory rule, policy, practice or service is not defensible simply because that is the manner in which such rule or practice has traditionally been. constituted, This section would require that changes be made to such traditional rules or practices if necessary to permit a person with handicaps an equal opportunity to use and enjoy a dwelling. House Report at 2186. Additionallnformation forltem 10.A. The Americans with Disabilities Act ("ADA"), 42 L1.S.C, ~ 12101 et. seq., was enacted in 1990 as a comprehensive Congressional mandate to eliminate discrimination against people with disabilities. Title II of the ADA provides that "no qualified individual with a disability shall, by reason of such disability, be excluded from participation in or be denied the benefits of the services, programs, or activities of a public entity, or be subjected to discrimination by any such entity." 42 U.S.C. § 12132. In addition, regulations promulgated under Title II require that public entities "administer services, programs, and activities in the most integrated setting appropriate to the needs of qualified individuals with disabilities," 28 C.F.R. ~35,130(d}. Like the FHA's reasonable accommodation mandate, the ADA regulations also require that public entities "make reasonable ~mod[~l::i1C~1i5 ii1 pti.liC.if:s, ~r~ 1 t?t'E`,S~ t-?r r,,`,..rr•~i~tl?'°r when tli modlft;atlons are necessary to avoid discrimination on the basis of disability, unless [it] can demonstrate that making the modifications would fundamentally alter the nature of the service, program or activity." 28 C. F, R. ~35.130(b}{7). IL Alcoholism and Drug Addiction Are Lifetime Diseases As you are probably aware, alcoholism and drug addiction are lifetime diseases. They are chronic, progressive and sometimes fatal. Avoiding relapse and progressing in recovery are therefore the most important aspects of a recovering addict's life. III. People in Recovery Need Sober Housing For recovering alcoholics and addicts, finding and staying in a healthy, functional environment that provides mutual support and monitoring, surrounded by people who are not using alcohol or drugs and away from people and situations that previously triggered or supported substance use are essential elements to avoiding relapse. Further, sharing a common household with ether recovering persons and functioning as a family household is an integral part of the recovery process, The mutual support that the proposed ordinance would prevent is critical to addiction recovery. Persons recovering from addiction are far more often successful when living in a household with at least three other persons in recovery, particularly in the early stages of recovery. Barring more than three unrelated individuals from residing together, without regard to the size of the residential unit, interferes with the critical mass of individuals supporting each other in recovery. Additional Information for Item 10.A. Further, it reduces the chances that a person in recovery will be alone by him or herself. Many persons in recovery cannot maintain the traditional family organization that the City's proposed ordinance dictates. This proposed ordinance, therefore, wi11 discriminate against groups of persons, such as our residents, that do not meet the City's proposed new definition of family. In addition to the actual discrimination against these residents ofthe City, the proposed ordinance wi11 have a disparate impact on them by preventing them from living together in drug and alcohol free housing units. The potential recovery of people who are handicapped or disabled by reason of alcoholism or drug abuse is greatly enha~:~ced by the mutual support ~.. and ~~utual r~~nitarin.~~ ;^.r:~vic~~;:l'~}7 li~,~it~g; ~_~rith :~th~,r re~:.u~~Tering persrsns. Further, it is often critical that a person in the early stages of recovery share a bedroom with another recovering addict far mutual support and monitoring. The City's proposed restrictions on groups that do not meet its definition of family effectively prohibit these types of living arrangements in units of two-bedrooms or mare, even though no similar restrictions apply to persons that meet the City's definition of "family." IV. The Quote from Judge Middlebrooks in .Teffpey ~ v. City of Baca Rahn Is Taken out of Context and Does Not Reflect His Actual Ruling. I know your lawyers have told you that Judge Middlebrooks wrote in .Tcffrey O. v. City of Baca Raton, 511 F.Supp. 2d 1339, 1357 (S:D. Fla. 2007 that there is "nothing wrong with the number three that the City has chosen." However, that quote is taken out of context. What Judge Middlebrooks actually ruled was: While I find no legal problem with the cap of three unrelated individuals per se, the limitation without any exception for handicapped individuals ar an established reasonable accammodafiion procedure violates t1r~~ ri~~. Id. at 1358. Judge Middlebrooks then temporarily enjoined the City far enforcing that restriction until it adopted a reasonable accommodation procedure for handicapped individuals.3 An alcoholic ar addict alone is his or her own worst enemy. See C7xford House, Inc, v. TQwnsliip of ~her~y Hill, 749 F.Supp. 450, 460 (D.N.J.992}{acknowledging limitations alcoholics and drug addicts face in personal relationships, education and employment). ~ Judge Middlebrooks also awarded me, my ACLU ca-counsel, and counsel far the provider more than $600,000,00 in attorneys' fees and casts. The City of Baca Ratan also paid their Additional Information for Item 10.A. In any event, the great weight of legal authority is against Judge Middlebraoks for not permanently invalidating this or similar restrictions as applied to persons with disabilities who need to live in group homes. E.g., Groome Resources v. Parish of .Iefferson, 234 F. 3d 192 (5th Cir. 2004) (municipality ordered not to enforce its four-person limit on single family homes or interfere with the opening of a group home); Sharpvisians, Inc. v. Borough of Plum, 475 F. Supp. 2d 514 (W,D. Pa. 2047}(invalidating three person restriction); Dr. Gertrude A. Barber Center, Inc. v. Peters Tp., 273 F. Supp. 2d 643 (W.D. Pa. 2003){same); Rented Recovery Care Centers v. Township of Willistawn, Chester County, Fa., 36 F. Supp. 2d 676 (E.D. Pa. 1999)(invalidating five person restriction); Oxford .Haase, Inc. v. Town of :. Babylon; ~1~:9~~i~..~,t~.~r, 1 t ^~ tr.D. l~l:y, 1ea~3~~in;,~ lid~tit~~ four person restriction); U.S. v. City of Taylor, Mich., 872 F: Supp. 423 (E.D: Mich. 1995), affil in part, rev'd in part, 102 F.3d 781 (6th Cir. 1996) (waiver ofsix-person limit on group home for the elderly to accommodate 12-person group home}; Oxford House, Inc. v. City of Albany; 819 F. Supp. 1168 {N.D. N.Y. 1993); Oxford House, Inc. v. Township of Cherry Hill, 799 F. Supp. 450 (D.N.J. 1992); Oxford House- .Evergreen v. City of Plainfield, 769 F. Supp, 1329 (D.N.J. 1991); Association far Retarded Citizens, Inc., of,Iefferson County v. City af~'ultondale, 672 So. 2d 785 (Ala. 1995} (remanding for finding whether three-person handicapped group home could be excluded from single-family zone by defining and excluding such use as "domiciliary care facility"). But see Oxford House-C v. City of St. Louis, 77 F.3 d 249 {8th Cir. 1996) {holding that eight person restriction was rational. An ordinance such as the one proposed which draws a distinction between families and those with disabilities who live in group homes rises to an FHA violation because of the burdens placed on the latter but not on the former. S`ee Children `s Alliance v. City of Bellevue, 950 F.Supp. 1491, 1496 (W,D. Wash., 1997). In Oxford .Haase, Inc. v. Town of Babylon, supra, a tou-n ti~il~cl irt.ts atten=ipt°to use zoning restrictions to evict a group home for recovering alcoholics and drug addicts. The town's definition of "family" for purposes of maintaining a zone for single-family dwellings (which required a relationship by blood or law and excluded transients) was held to be discriminatory under the FHAA. The court found that because recovering addicts require a group living arrangement in a residential neighborhood for psychological and emotional support during the recovery process, they are more likely than non-handicapped individuals to live outside counsel more than $544,400.44 in fees. These same counsel have been hired by Delray Beach to advise it on its proposed sober house restrictions. Additional Information for Item 10.A. with unrelated individuals. Additionally, they are mare likely to be considered "transient," since they can leave an C?xford House residence at any time (and are required to leave in cases of relapse. Among other factors favoring Oxford House was their plan to use already-existing housing, as opposed to new structures that arguably would have been more likely to change the neighborhood's character. As in these cases, the Wellness Resource Center apartments are more like a family home, and certainly are very unlike the housing at 611 El Dorado about which you heard complaints at the first reading. IV, Conclusion In sam, we respectfully urge you to reject the current proposed reductia~i. We would look forward to meeting with you to discuss any paints raised in this letter. Based upon the above, we urge you to reconsider the propased three-person restriction so that we can avoid becoming embroiled in unnecessary litigation before K.U.D. and the courts. Also, please be advised that passage of this re-definition may very well jeopardize any City TARP monies. See attached Memorandum from U.S. Department of Justice Civil Rights Division. Thank you for your consideration, J cc. Susan Ruby, Esq. Additionallnformation forltem 10.A. fit `. 1 ~ , 1 ~. ~~ U.S. Department of Justice Civil Rights Division ,assistant Attorney Generat 950 Pennsytvania,4venue, NW - RFK Washington, DC 2t)53tt March 4, 2009 TO: Agency Senior Accountable fJfficials for Recovery Act Activities Agency Civil Rights Director's for Federally Assisted Programs FRC7M: Loretta King ~' . Acting Assistant Attorney General for Civil Rights United States Department of Justice SUBJECT; The American Recovery and Reinvestment Act of 2009: Civil Rights Compliance Respo~isibilities of Federal Agencies and Recipients of Federal Financial Assistance I am writing to offer assistance from.the Department of Justice as your agency prepares for and carries out the mission of the American Recovery and Reinvestment Act of 2009 {Recovery Actj. ~~ Federal agencies will shortly begin distributing Recovery Act funds. It is important to ~` note that they must do so in accordance with',-all. nondiscrimination and equal opportunity statutes, ' regulations, and Executive Orders that apply to the distribution of funds under the Recovery Act. Agencies that grant funds also must ensure that their recipients and subrecipients comply with Title VI of the Civil Rights Act of 1964 {prohibiting race, color, and national origin discrimination including language access for limited English proficient persons}, Section 504 of the Rehabilitation Act of 1973 (prohibiting disability discrimination}, Title IX of the Education Amendments of 1972 (prohibiting sex discrimination in education and training programs}, the Age Discrimination Act of 1975 (prohibiting age discrimination in the provision of services}, and a variety ofprogram-specific statutes with nondiscrimination requirements. Uther civil rights laws may impose additional requirements on recipients and subrecipients. These laws include, but are not limited to, Title VII of the Civil Rights Act of 1964 (prohibiting race, color, national origin, religion, and sex discrimination in employment}, the Americans with Disabilities Act (prohibiting. disability discrimination in employment and in services provided by State and local governments, businesses, and non-profit agencies}, and the Fair I-lousing Act (prohibiting race, color; natiarial origin, age, family status, and disability discrimination in housing), as well as any other applicable civil rights laws. Additional Information for Item 10.A. JUNE 2, 2009 A Regular Meeting of the City Commission of the City of Delray Beach, Florida, was called to order by Mayor Nelson S. McDuffie in the Commission Chambers at City Hall at 6:00 p.m., Tuesday, June 2, 2009. 1. Roll call showed: Present - Commissioner Gary P. Eliopoulos Commissioner Fred B. Fetzer Commissioner Adam Frankel Commissioner Mackenson Bernard Mayor Nelson S. McDuffie Absent - None Also present were - David T. Harden, City Manager Susan A. Ruby, City Attorney Terrill Pyburn, Assistant City Attorney Brian Shutt, Assistant City Attorney Chevelle D. Nubin, City Clerk 2. The opening prayer was delivered by Pastor Bernard King, Sr., with Cornerstone Bible Fellowship. 3. The Pledge of Allegiance to the flag of the United States of America was given. 4. AGENDA APPROVAL. Mr. Bernard requested that Item 8.C., Resolution No. 17-09 be removed from the Consent Agenda and moved to the Regular Agenda as Item 9.A.A. Mr. Frankel moved to approve the Agenda as amended, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mr. Frankel -Yes; Mr. Bernard - Yes; Mayor McDuffie -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes. Said motion passed with a 5 to 0 vote. 5. APPROVAL OF MINUTES: Mr. Bernard moved to approve the Minutes of the Regular Meeting of May 19, 2009, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mr. Bernard -Yes; Mayor McDuffie -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. Frankel - Yes. Said motion passed with a 5 to 0 vote. 06/02/09 Mr. Eliopoulos moved to approve the Minutes of the Workshop Meeting of May 26, 2009, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mayor McDuffie -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. Frankel -Yes; Mr. Bernard - Yes. Said motion passed with a 5 to 0 vote. 6. PROCLAMATIONS: 6.A. Reco~nizin~ Artist in Residence -Michiko Kurisu Mayor McDuffie read and presented a proclamation hereby recognizing Artist in Residence Michiko Kurisu and called upon all present to acknowledge and applaud her many contributions and accomplishments and her outstanding and exemplary dedication to the City of Delray Beach. Michicko Kurisu came forward to accept the proclamation and thanked the City Commission. 6.B. 2010 Census Comulete Count Committee Mayor McDuffie read and presented a proclamation hereby proclaiming full support of and participation in the overwhelming success of the 2010 Census through the formation of a COMPLETE COUNT COMMITTEE. Pedro Guilarte, U.S. Census Bureau (Atlanta, Georgia), came forward to accept the proclamation. 7. PRESENTATIONS: 7.A. 20th Annual Delaire/Delray Citizens for Delray Police Charity Golf Tournament Presentation to Police and Fire-Rescue -Perry DonFrancisco Perry DonFrancisco, President for Delray Citizens for Delray Police, introduced Dr. Andre Fladell, one of the Directors and Co-founders of this organization of 24 years. Mr. DonFrancisco stated this marks the 20th consecutive year that representatives of the Delaire Country Club have attended a City Commission meeting for the purpose of giving two decades of generosity for the greater good of the City of Delray Beach. He stated it would take an ample amount of time to historically list all the equipment purchases this community has been responsible for equipment that has saved lives and assisted in fighting crime. Mr. DonFrancisco stated municipalities nationwide will grapple with budget issues and limitations not experienced in generations. He stated under these circumstances what the Delaire residents have done is even more impressive and have charged forward and stayed dedicated to the cause that they have been loyal to for 20 years. Mr. DonFrancisco stated Delaire residents have left a charitable mark on the City of Delray Beach. It has been their benevolence that has increased the effectiveness of Delray's emergency personnel which has improved the quality of life for all living in Delray Beach. Mel Katz, Delaire Charity Event Chairman, and Buddy Magard, President of Delaire Country Club, came forward. 2 06/02/09 Mel Katz, Delaire Charity Event Chairman, thanked Mr. DonFrancisco and the representatives of Delray Beach. Mr. Katz presented a check from the Delray Citizens for Delray Police to the Delray Beach Police Department in the amount of $16,218.16 and to the Fire-Rescue Department in the amount of $16,218.16. Mr. Katz stated aside from that there was a contribution to an organization that Mr. DonFrancisco runs. Mr. DonFrancisco sated the proceeds from this community at this time exceed $650,000.00 to the City of Delray Beach. Mayor McDuffie stated we have some wonderful and generous citizens of our community. 7.B. Presentation by Match Point, Inc. and Players International Management (Addendum) Ivan Baron, Tournament Chairman for the USTA Boys and Girls 12's National Championships, stated this event is one of the most prestigious events in the entire country with 250 participants and total about 700 families that come in town for the whole week in April. He stated this year they had 41 of the 50 states represented. John Butler, Executive Director of the Delray Beach International Tennis Championships, presented the City Commission with an artist's portrait. 8. CONSENT AGENDA: City Manager Recommends Approval. 8.A. CONTRACT CLOSEOUT (C.O. NO. 1/FINAL)/GREEN CONSTRUCTION TECHNOLOGIES, INC./2008 SWALES PROJECT: Approve a Contract Closeout (Change Order No. 1/Final) in the amount of a $34,492.13 decrease and final payment in the amount of $6,704.70 to Green Construction Technologies, Inc. for completion of the 2008 Swales Project. Funding is available from 448-5461-538-65.41 (Storm Water Utility Fund/Other Improvements/Swale Reconstruction). 8.B. CHANGE ORDER NO. 2/ROSSO PAVING & DRAINAGE, INC./HOMEWOOD BOULEVARD BICYCLE LANES ROAD WIDENING: Approve Change Order No. 2 to Rosso Paving and Drainage, Inc. for additional work required to relocate a sidewalk for the Homewood Boulevard Bicycle Lanes Project. 8.C. THIS ITEM HAS BEEN MOVED TO THE REGULAR AGENDA AS ITEM 9.A.A. 8.D. RESOLUTION NO. 24-09: Approve Resolution No. 24-09 establishing a Green Task Force to make recommendations to the City Commission regarding environmental sustainability and ideas to implement the recommendations. The caption of Resolution No. 24-09 is as follows: 3 06/02/09 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, CREATING THE GREEN TASK FORCE TO MAKE RECOMMENDATIONS TO THE CITY COMMISSION REGARDING ENVIRONMENTAL SUSTAINABILITY; PROVIDING AN EFFECTNE DATE. (The official copy of Resolution No. 24-09 is on file in the City Clerk's office.) 8.E. COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) AMENDMENT TO ANNUAL ACTION PLAN (FY 2008 - 2009): Approve an amendment to FY 2008-2009 Annual Action Plan to include $156,617.00 towards funding Public Facilities and Improvements located within the CDBG target area. 8.F. BULLETPROOF VEST GRANT/DEPARTMENT OF JUSTICE: Authorize staff to submit an application to the Department of Justice for funding in the amount of $2,170.12 for 8 vests for the Bulletproof Vest Program. Funding is available from 001-2115-521- 52.27 (General Fund/Operating Supplies/Equipment < $1,000). 8.G. LETTER OF SUPPORT/JUSTICE ASSISTANCE GRANT (JAG) FUND: Approve the Mayor's submission of a letter in support of the Countywide Justice Assistance Grant funds (JAG) for FY 2010 funding allocations. 8.H. SPECIAL EVENT REQUESTS/ART AND JAZZ ON THE AVENUE: Approve special event requests to endorse Art and Jazz on the Avenue to be held on June 25, 2009 and August 20, 2009 from 6:00 p.m. to 10:00 p.m., to grant a temporary use permit per LDR Section 2.4.6(F) for the closure of Atlantic Avenue from Swinton to the west side of N.E./S.E. 7th Avenue, Railroad Avenue from Atlantic north to the north side of the east/west alley, and to the alleys north and south of Atlantic on N.E./S.E. 1st Avenue, N.E./S.E. 2nd Avenue, S.E. 3rd Avenue, N.E./S.E. 4th Avenue and N.W. 5th Avenue from the north side of the Fire Station to N.W. 2nd Street, and S.W. 5th Avenue from Atlantic to SW 1st Street; to authorize staff support for security, traffic control, banner hanging and removal, barricade set up and removal, trash removal and clean up and EMS assistance; contingent upon receipt of a hold harmless agreement. 8.I. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period May 18, 2009 through May 29, 2009. 8.J. AWARD OF BIDS AND CONTRACTS: 1. None Mr. Eliopoulos moved to approve the Consent Agenda as amended, seconded by Mr. Bernard. Upon roll call the Commission voted as follows: Mr. Eliopoulos -Yes; Mr. Fetzer - Yes; Mr. Frankel -Yes; Mr. Bernard -Yes; Mayor McDuffie -Yes. Said motion passed with a 5 to 0 vote. 4 06/02/09 9. REGULAR AGENDA: 9.A.A. RESOLUTION NO. 17-09: Approve Resolution No. 17-09 assessing costs for abatement action required to remove nuisances on nine (9) properties throughout the City. The caption of Resolution No. 17-09 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO CHAPTER 100 OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATING NUISANCES UPON CERTAIN LAND(S) LOCATED WITHIN THE CITY OF DELRAY BEACH AND PROVIDING THAT A NOTICE OF LIEN SHALL ACCOMPANY THE NOTICE OF ASSESSMENT; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ABATEMENT OF NUISANCES; PROVIDING FOR AN EFFECTNE DATE AND FOR A DUE DATE AND INTEREST ON ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS. (The caption of Resolution No. 17-09 is on file in the City Clerk's office.) Mr. Bernard declared a conflict of interest and stepped down from the dais. Mr. Eliopoulos moved to approve Item 9.A.A. (formerly Item 8.C.) seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mr. Fetzer -Yes; Mr. Frankel - Yes; Mayor McDuffie -Yes; Mr. Eliopoulos -Yes. Said motion passed with a 4 to 0 vote. At this point, Commissioner Bernard returned to the dais. 9.A. CONDITIONAL USE REQUEST/LIFE SHILLS CENTER: Consider a conditional use request to allow the expansion of the Life Skills Center into three (3) vacant bays adjacent to the previously approved Life Skills facility for the property located within the Lake Ida Shopping Center at the southwest corner of Lake Ida Road and Congress Avenue. (Quasi- Judicial Hearing) Mayor McDuffie read into the record the City of Delray Beach procedures for a Quasi-Judicial Hearing for this item and all subsequent Quasi-Judicial Hearings. Chevelle D. Nubin, City Clerk, swore in those individuals who wished to give testimony on this item. 5 06/02/09 Mayor McDuffie asked the Commission to disclose their ex parte communications. Mr. Frankel stated he spoke to Mr. Mankoff who represents the school and noted that he was present at the Planning and Zoning Meeting where this item was brought before them. Mr. Bernard stated he was present at the Planning and Zoning Meeting as well. Mr. Eliopoulos stated he was contacted by Jason Mankoff and discussed what his client is trying to accomplish with this project and he was also present at the Planning and Zoning Meeting. Mayor McDuffie stated he was approached by a citizen who spoke against it. Mr. Fetzer had no ex parte communications to disclose. Paul Dorling, Director of Planning and Zoning, entered the Planning and Zoning Department project file #2009-121 into the record. Mr. Dorling stated this is a conditional use modification to allow the expansion of the life skills center into three vacant bays within the Lake Ida Shopping Plaza. This also includes two waivers (Item 9.A.1) and one of those waivers is to reduce the minimum amount to a play area required for such a use from 75 square feet per student to 33.33 square feet per person and increase the capacity of the school from 100 to 165 students. Mr. Dorling stated Lake Ida Plaza was annexed into the City in 1988 and is at the southwest corner of Congress Avenue and Lake Ida Road and contains 8 acres. At its meeting of November 1, 2005, the City Commission approved the Life Skills Center (a private school) as a conditional use, subject to a maximum enrollment not to exceed 100 students and included a waiver from the outdoor play area from 75 square feet to 68 square feet and included a minor waiver on the hedge height around the play area. At their meeting of April 20, 2009, the Planning and Zoning Board considered a request to modify the conditional use and allow the expansion of the Life Skills Center to 165 students. After public testimony, the Board postponed the item to the May 18~ meeting to allow the applicant to address some concerns. Mr. Dorling stated those concerns centered around safety and there was a discussion about students and how they get from bus stops to this facility and the need for security guards to address the "jay" walking at the intersection of Congress Avenue and Lake Ida Road. There were some issues relating to existing landscaping needing to be upgraded and there was a discussion about disruptive behavior and how to handle loitering of students. There were also some issues with the Regions Bank, the parking lot in general and some concerns from Rainberry Lake. At its meeting of May 18, 2009, the Planning and Zoning Board considered it and there were a lot of commitments made by the applicant to address these issues that had been identified and the Board recommended approval with a 7 to 0 vote. Mr. Dorling stated this was subject to the following conditions: (1) that the maximum enrollment of the school cannot exceed 165 students, (2) that the maximum number of students allowed in the outside play area at any one time shall not be greater than 25 students, (3) that the applicant needs to upgrade the landscaping around the play area to screen it from Lake Ida Road, (4) that the school needs to provide a school crossing guard to guide the students through the traffic lights at the intersection of Congress Avenue and Lake Ida Road during the school hours; and, (5) that the school have a security guard on site when the school is open including one hour prior to class and one hour after class. This guard should be instructed to control noise and on site loitering. 6 06/02/09 Jason Mankoff, Attorney with Weiner & Aronson, P.A., 10 S.E. 1St Avenue, Delray Beach, representing Life Skills Center, stated they agree with each of the conditions of the staff report and incorporate the staff report as substantial competent evidence for support of the conditional use modification and the waivers including the required findings pursuant to LDR Section 2.4.5(E)(5) and Section 2.4.7(B)(5) relating to waivers. Mr. Mankoff stated they are not requesting a waiver to the class floor area per student but they are requesting a waiver to the number of students because they have the possibility to lease additional square footage. He stated they are meeting the requirement for the amount of square footage per student. Mr. Mankoff stated they are also providing 220 square feet of outside area per student since they are agreeing to a condition that there be no more than 25 students in the outdoor area at one time. At its meeting of May 19, 2009, the Planning and Zoning Board recommended approval of both the conditional use modification and the waivers. The Planning and Zoning Board noted that we resolved any issues that they may have had concerns about. Mr. Mankoff stated the things that Life Skills has done as a result of the Planning and Zoning Meeting include the following: policies and procedures have been implemented to address concerns with regard to student travel, places students and their parents on notice with regard to student expectations including travel by students to and from school, letters have been delivered to each of the students and their parents advising that students are not allowed to walk through the premises of the shopping center when traveling to and from school and that they must use the sidewalk on Congress Avenue to travel along Lake Ida Road until getting to and from school. Additionally, Mr. Mankoff stated the students will be subject to discipline with regard to violating these policies and procedures. He stated there was a meeting held at the Life Skills Center approximately one month ago where each of the tenants in the shopping center were invited. The tenants who did attend indicated that any issues had been handled immediately and that their concerns had been addressed. Mr. Mankoff stated Life Skills Center has spoken to the tenants on an individual basis as well to discuss the proposed plans that are before the Commission this evening including handing them a business card and asking them to call if they have any concerns in the future. He stated there are now two security guards; one inside and one outside. Mr. Mankoff stated one of these security guards is stationed at the crosswalk at Congress Avenue when the students are leaving and entering the shopping center. Mr. Mankoff stated the school will continue to monitor its procedures and work together with other tenants and the City. He distributed a brochure of the Life Skills Center, proposed policies and procedures, letters of support, a response to the letter from Rainberry Lake and a copy of a PowerPoint presentation that was provided to the tenants at the meeting at the Life Skills Center. Dr. Marv Delsignore, Administrator of the Life Skills Center, stated Life Skills Center is a High School grade 9-12 and works with students ages 16-21. Dr. Delsignore stated they have been working with all of their tenants on both the Lake Ida side as well as on the Commerce side. She stated they have made tremendous improvements in the areas working with the citizens as far as walking across the street and making sure that the staff is stationed on Lake Ida Road as well as on Congress Avenue in the mornings and at the transitional times. Dr. Delsignore stated because of their small teacher to student ratio (1 teacher to 15 students) they are able to work with students one-on-one and they are basically able to change one life at a time. She stated many of the students at times are homeless, some students become parents at a very early age, and some students actually have to work to make a living so it is not possible for them to go to school seven hours a day. Therefore, Dr. Delsignore stated Life Skills Center 7 06/02/09 offers three sessions a day and ranges from 4-5 hours; if the students have a job they have to stay 4 hours and if the students do not have a job they have to stay 5 hours. She stated this provides the students with a flexible schedule that works for them and Life Skills looks at each student on a case-by-case basis and changes the schedule depending on the students' situation. Dr. Delsignore stated some of the students do not have the skills to get a job so Life Skills has a vocational specialist who works with the students placing them in the right type of job. She stated they also have a guidance counselor that works with the students who have social, emotional, and behavioral barriers that has not made them successful in the traditional school setting. Dr. Delsignore stated the Life Skills Center continues to offer academics year-round and the students will attend until the end of June and in July there is a short vacation but traditionally they are ayear-round facility. Therefore, if they are behind, they are able to catch up on their credits that they are behind in. Dr. Delsignore reiterated that the ratio is 1 to 15 and noted that there are two teachers in each classroom. She briefly explained the handbook and what the procedures are for school arrival and departure. Dr. Delsignore stated the form of transportation will be voted on by the Life Skills Board. She stated on May 11, 2009 she invited all the tenants to meet with them to discuss these issues and they have come to a realization that we all work together for the good of all the students. Mayor McDuffie declared the public hearing open. Steve Pleasant, lives in Greenacres (Forest Hill and Joy Road), a teacher at Life Skills Center, stated he came to Life Skills from the public school system and has seen many students fall through the cracks. He stated public school is set up to teach a massive amount of students with a certain amount of teachers and the only way to do it is to divide them up. Mr. Pleasant stated he had up to 60 students and does not feel you can get through to all of them. He stated Life Skills saves those kids from being the problems in society. Mr. Pleasant stated the need is obvious and the result of not helping these kids is traumatic. Mr. Pleasant stated one of the concerns at the original meeting was the "jay" walking where the bus stops are located. He stated steps were taken the day after the meeting to implement guards at certain positions in the street to remind the students that they are not to "jay" walk. He stated the students he believes that the community is still seeing "jay" walking are not the students of Life Skills. Mr. Pleasant stated these individuals had backpacks and were assumed to be the students of the Life Skills Center. He stated he made a personal video of that scenario and watched their students wait while other kids from wherever are crossing the streets with backpacks and running across the street between traffic and dodging cars. Mr. Pleasant stated this is counting against Life Skills. He stated the teachers leave the classrooms to go outside to make sure that people are getting to where they need to go safely without obstructing other businesses or the bank that is in the area. Mr. Pleasant stated when there is a problem Dr. Delsignore takes the steps to fix it the same day or the very next day and means what she says about wanting to make this work. Angela Ramsey, reuresents Life Skills Center, stated her son attends Life Skills Center because he was not getting the attention and help he felt he needed in the school he was attending. Ms. Ramsey stated her son went from a 0.9 grade point average to a 2.4 grade point average since he has been attending Life Skills. 8 06/02/09 (Unidentified woman from Broward County), stated her son attended Nova High School where he had academic issues as well as behavioral issues and he is considered a special needs student. She stated he attended Boca High School but the same troubles followed him. She stated with the help of the administrators and teachers of Life Skills her son will be graduating next week. She stated the expansion of the Life Skills Center with be a benefit to other children in the area. Joshua Ramsey, student at Life Skills, stated because of Life Skills he will be graduating on June 11, 2009. Mr. Ramsey stated he has been accepted to Palm Beach Community College (PBCC). He stated there is one-on-one attention and he can complete the work at his own pace. Clark Stevens, Senior at Life Skills, stated he is a senior and is prepared to graduate next week. Mr. Stevens stated his experience at Life Skills has always been positive and the teachers have always been there to guide him through certain subjects. He stated he moved from Atlanta so that he could attend Life Skills and noted there is a waiting list just to get into Life Skills because it is a great opportunity for so many kids. Brandy Parker, Senior at Life Skills and also ~raduatin~ on June 11, 2009, stated she has attended Life Skills for a year and is graduating at the top of her class and will go to college. She stated she has goals and dreams and the teachers, staff, and the other students helped her find out who she wanted to be. Sylvia Monroe, one of the security wards at Life Skills, stated she is stationed inside and partly outside to make sure the students are behaving on the inside and not loitering on the outside. Anwar Flarey, security guard that is outside and at the crosswalk. There being no one else from the public who wished to address the Commission regarding the conditional use request, the public hearing was closed. There was no cross-examination. Mr. Dorling stated the conditions in the Planning and Zoning staff report refer to the school needing to provide one (1) security guard and that should actually read two (2) security guards. He stated this was part of the recommendation from the Planning and Zoning Board meeting of May 18, 2009 that did not get carried over to this document. Mr. Mankoff stated they agree that there will be two security guards and for clarification one of the security guards also serves as the crossing guard. Mr. Dorling stated he believes they need two (2) security guards if the security guard handles noise and loitering and crossing functions. Mr. Mankoff stated he concurs with all the conditions. 9 06/02/09 There was no rebuttal. Mr. Frankel stated the number of students will increase by approximately 65 and asked how many additional teachers and guidance counselors will Dr. Delsignore will increase it by. Dr. Delsignore stated she would have to go back to HR to see if there would be an additional teacher. She stated there is an increase of students but this is split by three sessions per day. Mr. Frankel asked how many teachers and guidance counselors do they currently have. Dr. Delsignore stated they currently have 21 staff members; 11 teachers and 3 ESE teachers. Mr. Frankel asked if there were any tenants in the shopping center who were against the increase. Dr. Delsignore stated originally there were tenants that were opposed to the expansion. Mr. Mankoff stated that is why there was a tabling at the first Planning and Zoning Board meeting and there were tenants who came to the meeting and expressed concerns. He stated at the second meeting he does not believe any of those same people returned because they met with them individually and had a meeting at Life Skills to speak with them all regarding the policies and procedures that were being implemented and made a commitment to them that it would continue. Mr. Mankoff stated these people were not at the last meeting and are not here this evening. He stated he was at the meeting at Life Skills and the tenants were very appreciative of the efforts that have been done and said things have been vastly improved and as long as things kept operating like that they were supportive. Mr. Frankel asked if there were any comments from Dr. Art Johnson either opposed or in favor. Dr. Delsignore stated there were no comments from Dr. Art Johnson; however, Dr. Cover, Assistant Superintendent, will be attending the Life Skills graduation on June 11, 2009. Mr. Bernard asked what percentage of students drive their own cars. Dr. Delsignore stated the percentage is very small. He commented that some of the people who go to the barber shop park anywhere in the parking lot. Dr. Delsignore stated the staff of Life Skills leaves the parking spots in the front for the barber shop and noted that they have a great working relationship with the barber and there has never been an issue. Mayor McDuffie asked for clarification regarding the number of teachers. Dr. Delsignore stated there are 11 teachers and 3 ESE and two instructional assistants and one sub that are there daily. She stated the teachers of record as far as the teaching aspect are 14 teachers and there is not that amount at one time because it is divided up into three sections. 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 approve the Board Order (approving the conditional use subject to the conditions), seconded by Mr. Bernard. Upon roll call the Commission voted as follows: Mr. Frankel - No; Mr. Bernard -Yes; Mayor McDuffie -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes. Said motion passed with a 4 to 1 vote, Commissioner Frankel dissenting. 10 06/02/09 9.A.1. WAIVER REQUESTS/LIFE SHILLS CENTER: Consider two (2) waiver requests to Land Development Regulations (LDR) Section, 4.3.3 (HHH) (3), "Outdoor Area", to reduce the minimum outdoor play area required from 75 square feet per student to 33.33 square feet; and Land Development Regulations (LDR) Section, 4.3.3. (HHH)(6), "Private Schools and Other Similar Education Facilities", to exceed the maximum number of students from 100 to allow up to 165 students for the property located within the Lake Ida Shopping Center at the southwest corner of Lake Ida Road and Congress Avenue. (Quasi-Judicial Hearing) The City Attorney briefly reviewed the Board Order with the Commission who made findings according to their consensus (attached hereto is a copy and made an official part of the minutes). Mr. Fetzer moved to adopt the Board Order as presented, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mr. Bernard -Yes; Mayor McDuffie -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. Frankel - No. Said motion passed with a 4 to 1 vote, Commissioner Frankel dissenting. At this point, the time being 7:03 p.m., the Commission moved to the duly advertised Public Hearings portion of the Agenda. 10. PUBLIC HEARINGS: 10.A. WAIVER REQUEST/PALM TERRACES: Consider a request to waive Land Development Regulations (LDR) Section 1.3.8 (B), "Reconstruction Necessitated by Act of God", which requires applicants seeking building permits to submit within one (1) year of the date on which the "Act of God" event occurred and that all reconstruction be completed within three (3) years from the date of the event for Palm Terraces, located at 1000 Palm Trail. (Quasi- Judicial Hearing) Chevelle D. Nubin, City Clerk, swore in those individuals who wished to give testimony on this item. Mayor McDuffie asked the Commission to disclose their ex parte communications. Mr. Frankel stated he spoke to Mr. Weiner about this item. Mr. Bernard stated he spoke to Mr. Weiner about this item. Mr. Eliopoulos had no ex parte communications to disclose. Mayor McDuffie had no ex parte communications to disclose. Paul Dorling, Director of Planning and Zoning, entered the Planning and Zoning Department project file #2009-174 into the record. Mr. Dorling stated this is a waiver request to provide additional time beyond the three year maximum currently allocated in the LDRs as it relates to Act of God and when you can provide or complete construction of proposed improvements. This request also seeks to extend the one year time period in which you are required to submit a new site plan. He stated this building was damaged by Hurricane Wilma in October 2005 and in March 2006 the Site Plan Review and Appearance Board (SPRAB) approved a renovation of the building and 11 06/02/09 additional modification which included swimming pool, parking spaces, and some improvements on site other than the building. He stated building permits were submitted in May 2006 and in June 2006, a re-roofing was also submitted. Mr. Dorling stated these permits were issued and construction has not begun and subsequently that site plan as well as the permits has expired. The applicant is seeking a waiver to LDR Section 1.3.8 which says that if you have damage you are allowed to rebuild pursuant to the number of units that were there. He stated currently 6 units would be allowed and there were 12 units on the site. Mr. Dorling stated a site plan was approved and submitted three years ago and has currently expired. He stated the new applicant has requested to extend that timeframe as well as expand the time that he can submit a new site plan. Mr. Dorling stated in Section 1.3.5 of the LDRs if you have anon-conforming use and it ceases for 180 days that non-conforming use also expires. Staff recommends denial of the request at this time because there are too many extenuating circumstances. Mr. Dorling stated staff received a letter from an adjacent property owner (Mary Reynolds) and she has outlined her support for staff's recommendation of denial and has further indicated that it would be appropriate given the condition of the site that this building is torn down. Mr. Dorling stated it is noted in the staff report that they have been subject to code enforcement action for unsafe situations and those are pending action at this time. James Gagliardi, 2629 N.E. 37th Street, Fort Lauderdale, (contract vendee/apulicant), stated he has not been negligent in moving forward and is not party to any violations that are there. He stated all he wants to do is turn it into something beautiful. Mr. Gagliardi stated he is not using any financing and he will complete this by the end of the year and will do it expeditiously. Mr. Gagliardi urged the Commission to support the waiver request. Jason Mankoff, sueakin~ on behalf of the owner BMR Funding, LLC, stated his client is not a real estate developer; however, Mr. Gagliardi is a real estate developer. Therefore, Mr. Mankoff stated they have entered into an agreement to sell the property to him and he would like to develop the property in the same manner as previously approved by the City. Mr. Mankoff stated this did not get built for numerous reasons but they are all a result of the severe drop in real estate market. He stated the foreclosure litigation was not challenging the granting of a development approval, the foreclosure litigation delayed the project. The foreclosing lender then sold the property on December 5, 2008 and therefore their client has owned the property for a little less than six months. The property has been through three owners in the past year, a foreclosure, and one of the owners was in bankruptcy Mr. Mankoff stated when his client purchased the property he was not fully aware of what he was walking into. Mr. Mankoff stated there were Code violations, pending liens, and other violations not of his client's doing. There are nine letters from his client's transactional counsel written to the Chief Building Official, Code Enforcement, and Community Improvement regarding cleaning up the property in 2009. Mr. Mankoff stated he spoke with the Chief Building Official today and he advised him that their client has done everything he has asked him to do and he said he would love to see this project get built because it would be a great benefit to the community and the neighborhood. Mr. Mankoff stated he spoke to Code Enforcement today who said that they too would like to see the project built because it would be a great asset to the community. He stated Code Enforcement requested that Mr. Mankoff's client mow the lawn because of all the rain we had this past weekend and they will mow the lawn later this week. 12 06/02/09 Mr. Mankoff stated there are no code violations pending although there was an unsafe structure issue written by the Chief Building Official at one point but the structure has since been cleaned up and everything is done to his satisfaction. Mr. Mankoff stated they are not increasing the non-conformity but they are decreasing the non-conformity and by granting the waiver the Commission would be extending an approval of a Class II site plan modification which was approved by SPRAB on July 26, 2006 to add a pool, parking, and landscaping. The proposal actually decreases the non-conformity concerning parking and five additional spaces are being added. The entire parking area will also be restriped and although it is not counted in the parking calculation, the project includes the installation of six parking spaces along the east property line within the Palm Trail right-of--way which would also help alleviate concerns with any parking non-conformity. The proposed landscaping will provide considerable improvement to the property over the existing landscaping. Mr. Mankoff stated they agree with the conditions in the staff report which will require decisive action by the purchaser immediately. He stated Class I and Class II site plan approvals historically have not expired. The City passed an ordinance in 2008 to modify the LDR for these Class I and Class II site plan modifications to expire in two years; however, the Class II site plan modification before the Commission this evening was approved prior to the enactment of such amendment to the LDRs. He stated two years from SPRAB approval which would have been the expiration date occurred before this LDR was passed. Mr. Mankoff stated it is their position that this site plan modification has not expired and their client's property rights would be infringed if otherwise. With regards to the waiver, he stated it should only be necessary for the relief from the Act of God regulations. He stated the only value that the property has in its current configuration is 12 units. Mr. Mankoff stated a similar waiver was approved for on June 4, 2007 by the City Commission for the Hammock House located at 1000 N.E. 9~ Avenue. He stated just like this request it was amulti-family development with respect to density and parking thus the granting of the waiver would not be a special privilege and that the exact same waiver has been granted under similar circumstances on another property for another applicant and owner. The staff report states that they meet the other three requirements of the waiver. Mr. Mankoff stated this would be beneficial to the neighborhood, the owner, and the contract vendee and urged the City Commission to support the waiver. Mayor McDuffie stated if anyone would like to speak in favor or in opposition of the waiver request, to please come forward at this time. Tom Honker, 45 year resident of Delray Beach, stated he has attended many Commission meetings and feels all he hears are petitions for waivers and does not understand why we need to give waivers. He stated he feels that his values are being constantly challenged. Mr. Honker stated the City set certain height limits and these are being challenged all the time and we always have to make compromises and he does not understand why. There was no cross-examination or rebuttal. Mr. Dorling stated the applicant's attorney has indicated that the Commission considered the exact same waivers in the past and noted this is incorrect. Mr. Dorling stated the three for the Hammock House had not expired so it was not the same thing. 13 06/02/09 He stated this is a conglomeration of things that have expired and from that point of view he does not feel that this waiver is appropriate in that there are too many things stacked against it. Mr. Dorling stated with respect to the modification if the Commission decides to approve this staff has identified some timeframes that are appropriate and realistic in the staff report. He stated this site plan has expired and they will be required to come forward. Mr. Dorling stated for clarification that modifications do expire and LDRs prior to that point were mute to that point and just like Class N and V site plan modifications they all expire. Mr. Dorling stated if the Commission approves this waiver, the applicant will be required to come back for a new site plan and the timeframes identified in the staff report are more realistic because he will not be able to accomplish this within a year if he has to get site plan approval, get building permits, and then construct it. The City Attorney stated the Board Order talks about a site plan approval and permits can be obtained by May 1, 2010 and re-construction to be completed by November 1, 2011. Mr. Dorling stated the applicant had asked for the entire construction to be done by May 1, 2010 and staff asked him if he could be more realistic with those timeframes. Mr. Weiner asked Mr. Dorling to explain if he expects the site plan application to be resubmitted in its same form with processing by SPRAB. Mr. Dorling stated that is what the applicant has indicated that he is going to do and noted that the current approval has expired and if the applicant wants to build the exact same thing then he will need to submit the exact same site plan. Mr. Dorling stated there are some building code changes that have occurred between when this was originally approved and now and does not know what implications that would have with respect to this plan but he will have to hire an architect to figure it out for him. Mr. Weiner stated these are not variances and stated waivers are placed in the code so that the Commission has discretion. Mr. Weiner briefly discussed the requirements under LDR Section 2.4.7(B)(5). He stated they are doing a great thing for the neighborhood and can in fact restore this building to the proposed development which was previously approved by SPRAB. Mayor McDuffie clarified that the same site plan approval is expected to be submitted by May 1, 2010. Mr. Weiner stated he understands that the contract vendee is willing to do that. Mr. Weiner stated they have a tight schedule so he is hoping to get some expedited processing from the staff. Mr. Eliopoulos asked what we have between the units at the present time. Mr. Gagliardi stated it is basically frame in between the units. Mr. Gagliardi stated the project will be a little more upscale from the Hammock House and noted that he is going to use his own money. Mr. Gagliardi stated under the rules of 1031 which is an IRS provision, he has to use that money by a certain date. He stated no matter what the decision is of the Commission it might result in him not being able to do this because he wants to move immediately to build this and is not looking at 2010 but would like this built in 2009. Mr. Eliopoulos stated he typically does not support extending timeframes but he has talked about going green. He stated he would not normally support this but if the City is actually getting back something that represents the footprint that was already there and saving on materials and the environment then he can support it this evening. 14 06/02/09 Mr. Eliopoulos stated there are some timeframes that may be beyond Mr. Gagliardi's control. Mr. Frankel stated if he follows staff's recommendation and denies the waiver what will happen. In response, Mr. Dorling stated the building will have to be secured if it is not then it would have to be renovated or torn down to comply with the current codes which require six units. He stated what non-conformities are made to do is to eliminate things that are non- conforming and get them to a conforming status. Mr. Bernard asked if the Commission denies this would the contractor apply for a new permit. In response, Mr. Dorling stated in absence of this waiver a new site plan would have to comply with the LDRs which would be six units versus the twelve today. Mr. Dorling stated twelve units to the acre that existed there would not carry forward and they would end up with six units or less. Mr. Fetzer stated he agrees with staff's recommendation. Mr. Bernard stated he is not going to support denying the waiver. He briefly discussed the history of the property and stated this has been an eyesore for 4 years. Mr. Weiner stated given the short period of time that this has to be built and constructed if we all move forward instead of talking about what is non-conformity and when non-conformity is lost they can either get this built by the time limits specified or decide to disagree about whether or not the non- conformity is lost. Mr. Weiner stated he does not feel the City is losing much. Mr. Frankel commented about a document and photos from Mary Reynolds who believes that the condition of this building is beyond repair. Mr. Mankoff stated he discussed this with George Diaz, Chief Building Official, and he stated the building is structurally sound but in its current form it is not aesthetically pleasing. He stated as part of the new site plan they will be required to meet all the new building codes. Mr. Eliopoulos stated if everything is concrete and then concrete is structurally sound. He stated the entire inside such as the drywall will be gutted and it will be all concrete so there will basically be a shell. Mr. Eliopoulos stated this definitely can be redone. Mayor McDuffie concurs with comments expressed by Mr. Eliopoulos and given the fact that the Commission has adopted what the Green Task Force has given them this is certainly greener than tearing it down and starting all over again. Mayor McDuffie stated he supports the project. 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). 15 06/02/09 Mr. Bernard moved to adopt the Board Order as presented, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mayor McDuffie -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer - No; Mr. Frankel -Yes; Mr. Bernard -Yes. Said motion passed with a 4 to 1 vote, Commissioner Fetzer dissenting. 10.B. RESOLUTION NO. 21-09: Consider approval of Resolution No. 21-09 authorizing the City to sell property that the City acquired from Palm Beach County for unpaid taxes located at 46 N.W. 12~ Avenue, Delray Beach, Florida, to Ginette Louis for affordable housing purposes. The caption of Resolution No. 21-09 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE CITY TO SELL TO BUYER CERTAIN REAL PROPERTY IN PALM BEACH COUNTY, FLORIDA, AS DESCRIBED HEREIN, HEREBY INCORPORATING AND ACCEPTING THE CONTRACT STATING THE TERMS AND CONDITIONS FOR THE SALE AND PURCHASE BETWEEN THE BUYER AND THE CITY OF DELRAY BEACH, FLORIDA. (The official copy of Resolution No. 21-09 is on file in the City Clerk's office.) 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. Terrill Pyburn, Assistant City Attorney stated this is property the City acquired from Palm Beach County for unpaid taxes. Ms. Pyburn stated there is a requirement that the City must use the property for affordable housing purposes and in turn the City has aTri-Party Agreement with the Eagle's Nest and they actually built a house on the property and the City is now going to sell the land and the house to the proposed buyer Ginette Louis. Ms. Pyburn stated pursuant to the Tri-Party Agreement the Community Redevelopment Agency (CRA) loaned the City $150,000.00 which the City will be giving back to them for the construction of the house and Eagle Nest will receive 90% of all additional monies that is left over and the City will receive 10% for the administrative cost. The City Attorney stated the total profit was $41,154.00 and the City retains 10% which is approximately $4,000.00 and Eagle's Nest retains approximately $37,000.00 pursuant to the Interlocal Agreement between the CRA, the Palm Beach County School District, and the Chamber of Commerce (who was in on it in the beginning) and the City of Delray Beach. Mayor McDuffie declared the public hearing open. There being no one from the public who wished to address the Commission regarding Resolution No. 21-09, the public hearing was closed. 16 06/02/09 Mr. Frankel moved to approve Resolution No. 21-09, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mr. Eliopoulos -Yes; Mr. Fetzer - Yes; Mr. Frankel -Yes; Mr. Bernard -Yes; Mayor McDuffie -Yes. Said motion passed with a 5 to 0 vote. 10.B.1. SELECTION OF EAGLE NEST HOMEBUYER: Approve homebuyer Ginette Louis for the Eagle Nest property located at 46 N.W. 12th Avenue and approve $75,000.00 in SHIl' down payment assistance funds for the home purchase. Funding will be available from 118-1924-554-49.20 (Neighborhood Services/Other Current Charges/Homeowner Subsidy). Lula Butler, Director of Community Improvement, stated the second part of this is to ask Commission approval of the homebuyer for the Eagle Nest Project and her name is Ms. Ginette Louis. Mrs. Butler stated the City did a partnership with the Delray Community Development Corporation to use a homebuyer that was in their pipeline. She stated Ms. Louis is mortgage ready and ready to close. This agenda this item also includes the use of down payment assistance in the amount of $75,000.00 from the City's SHIP funds. In August 2008, staff brought three perspective buyers to the City Commission ranked #l, #2, and #3 and none of them were mortgage eligible and thus the reason this item is back before the City Commission tonight. Mayor McDuffie declared the public hearing open. There being no one from the public who wished to address the Commission regarding the selection of the Eagle Nest homebuyer, the public hearing was closed. Mr. Fetzer moved to approve Resolution No. 21-09, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mr. Fetzer -Yes; Mr. Frankel -Yes; Mr. Bernard -Yes; Mayor McDuffie -Yes; Mr. Eliopoulos -Yes. Said motion passed with a 5 to 0 vote. 10.C. RESOLUTION NO. 23-09: Consider approval of a resolution for the certification and adoption of the preliminary assessment roll for the Douglas Avenue special assessment district. The caption of Resolution No. 23-09 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PROVIDING FOR THE CERTIFICATION AND ADOPTION OF THE PRELIMINARY ASSESSMENT ROLL FOR THE DOUGLAS AVENUE SPECIAL ASSESSMENT DISTRICT TO INCLUDE THOSE PROPERTIES GENERALLY ABUTTING DOUGLAS AVENUE, AS MORE FULLY DESCRIBED HEREIN; PROVIDING FOR THE ASSESSMENT AMOUNT AS TO EACH PROPERTY; PROVIDING FOR THE METHOD OF PAYMENT OF THE SPECIAL ASSESSMENT; PROVIDING AN EFFECTIVE DATE. 17 06/02/09 (The official copy of Resolution No. 23-09 is on file in the City Clerk's office.) The City Attorney read the caption of the resolution. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Randal Krelcarek, City Engineer, stated this item is for approval of Resolution No. 23-09 which creates a special assessment district for the Douglas Avenue project. In April, the City Commission adopted Resolution No. 12-09 which declared the necessity to establish a special assessment district for Douglas Avenue. Mr. Krejcarek stated Douglas Avenue is an unpaved road and there are 14 lots along this roadway where it starts at Southridge Road and it goes west to a cul-de-sac where it dead ends. He stated the project was brought forth to staff by the owner of 8 of the 14 lots. The owner was trying to develop those 8 lots and staff told him that the requirement to develop the 8 lots is to pave the road to the farthest end of the farthest lot from Southridge. Mr. Krejcarek stated when they looked at the design of the road and looked at what he had to build, it was almost three quarters of the road where just a cul-de-sac was left to do. He stated it did not make a lot of sense to just build that much of it and not complete the road. In addition, Mr. Krejcarek stated if the City only built for the 8 lots there would not be any legal turn-a-round or opportunity for public safety to turn around if they were responding in there. The project is estimated at $157,000.00 of which $90,277.99 is assessable to the abutting property owners. Mr. Eliopoulos commented that the map references two lots with #5. Mr. Krejcarek stated although this is the same subdivision these lot 5's are in different blocks (i.e. Block "A" -Lot 5, Block "B" -Lot 5). Mayor McDuffie asked if this connects to Southridge Road. Mr. Krejcarek stated this connects to Southridge Road and noted that the City paved Southridge Road with the 2000 Road Bond. Mayor McDuffie declared the public hearing open. Pablo Del Real, 521 Southridge Road, Delray Beach (lived here for five years and noted his house adioins this vacant urouertyh stated about 1 year ago he put a basketball hoop in front of his house and kids from all around the neighborhood came and played at the basketball hoop for about one year until a tropical storm took it down. He stated kids came from his street, the neighboring street, and the street to the north because there is no playground within walking distance of that area. Mr. Del Real stated on the map in addition to this Douglas Avenue project, a planned park has been proposed for as long as the Douglas Avenue Special Assessment has been proposed. He stated they canvassed 22 homes on Southridge Road and asked people what they thought about the City spending money for the development of the road before the development of the park. Mr. Del Real stated everyone disagreed with that use of funds because there are kids in the neighborhood who do not have a place to play and everyone agreed that if the City is going to spend any money there they should first spend it on a park and not develop those lots. Mr. Del Real submitted a petition into the record signed by each of the residents of Southridge Road and urged the Commission to deny Resolution No. 23-09 for the preliminary assessment roll and instead consider the development of the park on that land. 18 06/02/09 Elizabeth Patterson, Qived on road since 1957), stated it would be nice to have a park for the children of this area. Andrew Phan, stated he and his wife looked all over for a home and chose this specific area of Delray Beach because of the diversity of the neighborhood and noted while obtaining signatures for the petition they missed two homes because one of the individuals was not home and one was ill. However, he stated essentially everyone is against the Douglas Avenue Special Assessment. Mr. Phan stated he believes it is more advantageous for the City to support the building of the park for the children in the area. He stated there are 10 different nationalities in their neighborhood and feels they need a formal place to get everyone together. Mr. Eliopoulos asked if the park was there would everyone be opposed to the road being built. Mr. Phan stated the majority of the people are against it because they believe the road will bring unwanted traffic through their neighborhood. He stated there is a road that runs directly through two neighborhoods but the City put a fence at the end of a road and does not understand why. Mr. Phan stated if the City were to make another road he suggested that they take the wooden fence down that was built. He stated it is very unsafe and on 4~ Street one house east of his house there are many car accidents that occur and their neighborhood is a safe haven or pit stop for anyone. Mr. Phan stated no one wants this road built with the exception of maybe one or two people. Eldora (concerned mother), commented about the Goals for 2019 posted in the Commission Chambers about quality neighborhoods and quality educational opportunities. She stated parks can help keep kids out of trouble. A Resident who lives on Southrid~e Road, supports building the park as like his other neighbors. Mr. Phan stated he concurs with Commissioner Eliopoulos when he said that the best project is the one that is not built and noted that the greenest project would be a park. Mr. Phan stated it is a growth area and it unifies people and brings opportunity. He stated although his neighborhood is very unique and close knit, their surrounding neighborhoods have a lot of issues. Mr. Phan stated their neighborhood is an enclave for children to find peace and safety to play. He stated the road is going to bring more trouble into their neighborhood and noted that the right thing to do for their neighborhood and for the City of Delray Beach is to bring some green. Mr. Del Real stated they are losing kids in that area because they do not have a place to go and are looking for other activities. The City Manager stated the City is talking about building a dead end street with 12 lots on it and if the City had the tax revenue from those 12 homes we might be able to do more things. He stated this is really about two different pots of money and is glad that everyone understands the desire of the neighborhood to build a park. The City Manager stated there is an opportunity to build a pocket park there and the City can move forward with that. However, he stated it is a separate pot of money to build a park from what would be used on the road. 19 06/02/09 Mr. Eliopoulos asked if the City has any building permits from the owners. The City Manager stated the owners have not submitted any because they cannot get a permit approved until the road is built. The City Manager stated there was a comment made about the fence between the two sections. He stated to his understanding it was in place when the City annexed Woods of Southridge when it was under County jurisdiction. The City Manager stated there is strong opposition to removing it because if it were removed you would have a shortcut from 4~ Avenue over to Linton Boulevard going through this neighborhood. He stated there was one lot owner that asked to have it removed and noted there may be some restriction on removing it. The City Manager stated the owner of Lot 17 wanted to develop by connecting to the road you see to the southwest of her. Mayor McDuffie stated the City owns the land for the park and it is not to be sold to a private owner. The City Manager stated the City has never been asked to develop it before so staff can look at the Capital budget for the upcoming year. Mr. Frankel stated over 20 people who live there do not want it but they want a park. He stated he understands it is not the same issue; however, that community does not seem to be in favor of it. Mr. Eliopoulos stated the two lots will eventually be developed. Mr. Frankel questioned why the owners of these two lots are not present this evening. Mr. Eliopoulos stated he thought that they would be here saying they do not want to be assessed and they do not want this happening because they cannot afford this with these economic times. Mr. Bernard stated he voted against creating a special assessment district in April so he is still against it. Mr. Fetzer stated although these are two different issues, too many residents are opposed to it. Mayor McDuffie asked if economically, does the special assessment pay for the road or does the City end up still paying. The City Manager stated the city owns Lot 5 on the south side and therefore we are paying the assessment on that piece and the City is paying for the water and sewer work out of the Water and Sewer Fund and drainage out of the Stormwater Utility Fund. Mayor McDuffie stated in these economic times and given the oppositions of this he will not support this tonight. However, Mayor McDuffie stated the road will eventually be built but there is park land that will also be built. Mayor McDuffie stated he will not support this tonight. Mr. Eliopoulos encouraged staff to see how the park can get developed. He stated from what he is seeing the people who would be assessed are not present to fight the assessment so there must be an interest that they are in favor of it and that they are willing to pay for it. Mr. Eliopoulos stated down the road they may have to pay even more. 20 06/02/09 Mr. Eliopoulos moved to approve Resolution No. 23-09, seconded by Mr. Fetzer. Upon roll call the Commission voted as follows: Mr. Frankel - No; Mr. Bernard - No; Mayor McDuffie - No; Mr. Eliopoulos -Yes; Mr. Fetzer - No. Said motion passed with a 4 to 1 vote, Commissioner Eliopoulos dissenting. 10.D. ORDINANCE NO. 16-09 (SECOND READING/SECOND PUBLIC HEARING): Consider an ordinance accepting the recommendations contained within the Old School Square Historic District Resurvey Report including extending the Period of Significance to 1965 and reclassifying 23 properties from non-contributing to contributing. The caption of Ordinance No. 16-09 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA PROVIDIING FOR THE ACCEPTANCE OF THE RESURVEY REPORT OF OLD SCHOOL SQUARE HISTORIC DISTRICT INCLUDING EXTENDING THE PERIOD OF SIGNIFICANCE TO 1965 AND RECLASSIFYING 23 PROPERTIES FROM NON- CONTRIBUTING TO CONTRIBUTING, PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 16-09 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 is consideration of Ordinance No. 16-09 which adopts the recommendations of the Old School Square Historic District resurvey report which includes the expansion of the Period of Significance (POS) to 1965 and reclassification of 23 properties from non-contributing to contributing. Mr. Dorling stated the City Commission considered this at their meeting of May 5, 2009 at which time some questions were raised relating to the Period of Significance and certain properties considered for reclassification. At that time, Mr. Dorling stated the Commission suggested that the consultant of the resurvey report be present to answer specific questions. He stated with respect to the properties that are proposed for reclassification, staff has identified that each of these structures is of an architectural style which is identified as significant in that survey and was built during the Period of Significance identified in the report and meets one or more of the review criteria that is identified in LDR Section l.l.l. Therefore, staff feels that it is appropriate that these 23 properties be reclassified and if these properties meet this criteria and would like not be deemed contributing then it is really up to the property owner to indicate why it is inappropriate for that structure if it meets these criteria to be so designated. 21 06/02/09 Ivan Rodriguez, Principal with RJ Heisenbottle Architects, Inc., Coral Gables (Masters in Architectural History and Historic Preservation, 37 nears of experience with history preservation in Miami/Dade County, conducted the original historic site survey in Miami/Dade County in 1972, a comprehensive survey in 1977 that identified 5,000 historical sites countywide, co-wrote the historic preservation ordinance, wrote a book on architectural development), stated he had the task of resurveying four historic districts in the area. Mr. Rodriguez stated one of the major criteria for designating historic properties and historic districts is a 50 year threshold which means that properties or districts have to be 50 years or older in order to qualify for historic designation status unless they are deemed to be of exceptional significance. There are four historic districts in the case of Old School Square Historic District which is significant at the neighborhood level. The structures within that district that were originally designated or considered within that original site survey were built up to 1943/1945 because that is the period that met the 50 year or older threshold. He stated from the time that these districts were originally surveyed to now, there are a significant number of structures that have achieved that 50 year threshold. Mr. Rodriguez stated within 20 years and 50 years a significant number of additional structures will be considered for historic designation. He stated in 1945 that was the end of World War II and in Delray Beach as well as in many of the communities around South Florida there was new serge of development and construction. He stated many of the soldiers that were trained in the area got what they call "sand in their shoes" and came back and relocated here with their families. Mr. Rodriguez stated it made sense to study the possibility of extending that Period of Significance beyond the original 1945 period. He stated his firm found that there were a number of structures within the Old School Square District as well as the other historic districts that met the otherwise criteria for historic designation for inclusion to be considered contributing. Mr. Rodriguez stated when dealing with individual historic sites or individual historic landmarks that particular landmark (i.e. Old School Square buildings, the Sundy House) are individually significant and structures within the district either contribute or do not contribute. He stated how they contribute is they are within the stylistic features that are common to that district. Mr. Rodriguez stated by extending the Period of Significance they are saying that a number of additional buildings belong there and fit in. He stated what makes a building within a district contributing or non-contributing is they have to meet a series of criteria (i.e. material, scale, etc.). Mr. Rodriguez stated this is a judgment call and he is being subjective. Mayor McDuffie declared the public hearing open. Cheryl Abramson, 21 N.W. 2nd Street, Delray Beach (co-owner), distributed a handout to the Commission and read a statement into the record. She stated everyone loves Delray Beach but feels that this proposed ordinance will discourage investment in Delray Beach. Ms. Abramson stated she actively visited many historic areas and has been a member of the National Trust for Historic Preservation for 20 years and appreciates preservation and understands what architectural significance means. Ms. Abramson asked why 1945-1965 is a Period of Significance in Old School Square. She stated she objects to the reclassification of 21 N.W. 2nd Street. Ms. Abramson asked why this property was considered non-contributing in the 2005 GAI Report and now in the 2008 Heisenbottle Report it is considered contributing. She asked what happened between 2005 and 2008 to make it contributing since it was 50 years old in 2005. Ms. Abramson distributed ten petitions to the Commission. 22 06/02/09 14 of those people said they did not want to be a part of this but she only obtained ten petitions. Sue He~land, read into the record an email dated June 2, 2009 from Bob Ganger to Joann Peart regarding Ordinance No. 16-09. Al Surering, owner of 8 East Atlantic Avenue (SURE RING, INC.) Delray Beach and has been authorized to sneak on behalf of Butch Johnson who owns 32 East, inquired why after their buildings have had major renovations on them that they would still be considered a historical building. Mr. Surering stated Mr. Rodriguez noted that he was making a big judgment call which he agrees with and he also said he was being subjective. Mr. Surering stated Mr. Rodriguez is being very subjective. Don Morikami, 326 N.E. 1St Avenue, Delray Beach, stated he objects to his property being designated as contributing. He stated the explanation Mr. Rodriguez gave of the Period of Significance is not justification. Mr. Morikami stated as Ms. Abramson said everything will be contributing and historic and all the country clubs built in the 1970's and 1980's in Boca Raton fifty years hence will be significant; 50% of Los Angeles will be significant because post-war development occurred. Mr. Morikami stated he is not against a significant building or district but you also have to consider buildings that are significant as well. He presented and displayed models that he developed and stated he moved to Delray Beach for its urbanity. Mr. Morikami stated he is not against historic designation but feels his development right is being taken away. Susan Kozawa Morikami, 326 N.E. 1St Avenue, Delray Beach (Land Planner stated many homes of the people present tonight are very small and were built in the 1950's but architecturally they are not that significant. She feels the district is already protected quite well as it is hard for them to do much to their property. Mrs. Morikami asked what the significance is for the history of this period and was it actually in the Old School Square District or was it maybe in Kings Point or Century Village (communities built in the 1960's). She stated as the Historic Preservation Planner has noted from 1958-1965 there was no building built of significance in the Old School Square District. Mr. Morikami stated even without the historic designation being in a historic district they would be bound to develop something of integrity and character that is consistent with the neighborhood. Mr. Morikami stated he agrees with Mr. Rodriguez that sometimes it can be subjective. Mr. Morikami stated he has 35 years experience and is a Landscape Architect/ Urban Designer and has a Masters Degree from Harvard University. Mark Krall, 190 S.E. 5th Avenue, Delray Beach, reuresentin~ Philiu Vulta~~io and his family who own the Doc's restaurant uarcel and the Dunkin Donuts uarcel to the west, stated he spoke on this matter previously and stated their opposition to designating Doc's as a contributing structure. The property has been modified several times over the years including the addition of bathrooms, awnings, and outdoor tables. He stated air conditioners are on the roof and the original signage has changed drastically. Mr. Krall stated they do not see anything historic about the property other than the fact that the current fast food restaurant has a name associated with a prior ice cream stand that operated in that location in the 23 06/02/09 early 1950's. He stated the type and style of food has changed dramatically over the years and unlike a historic home which can serve as someone's residence this is a commercial property which requires a viable business in order to sustain itself. Mr. Krall stated at the current time the business is struggling and but for the fact that the tenant is paying rent below market rates the business would be facing extreme difficulties and probably could not survive. He stated the property owner also owns the Dunkin Donuts property which is contiguous and immediate to the west of the Doc's property. Mr. Krall stated this is property in the heart of the downtown business district and must be flexible to ever changing economic trends and demands. He stated to strap this property owner with a contributing designation is not inequitable but it is unjust and the only mitigating factor would be to allow the property owner to opt out of such a designation in the future. Mr. Krall stated this solution has been suggested and endorsed by the Community Redevelopment Agency (CRA), the Downtown Development Authority (DDA), and the West Atlantic Redevelopment Coalition (WARC). He urged the Commission to not consider the Doc's property as contributing but rather consider it as non-contributing or at least afford the property owner the opportunity to opt out of the contributing designation in the near future. Joann Peart, 107 N.W. 9th Street, Delray Beach (member of the Historic Preservation Board), stated years ago there were many recommendations to tear down what is now Old School Square (formerly an old elementary school) and it has turned out to be the jewel of the community and is in the heart of the Old School Square Historic District. Mrs. Peart stated many problems have come up on the Historic Preservation Board due to the fact that there were no current surveys. She stated the City had the surveys done and hired this independent person that everyone wanted. Mrs. Peart stated we have the consultant and his advice, he is qualified, and she believes we should take his advice. She stated there is a lot of misinformation and scare tactics going around. Mrs. Peart read into the record a letter written by Linda Kidd who lives in the Old School Square Historic District (246 North Swinton Avenue) and is in favor of the surveys and feels that we are chipping away at the historic district. Karen Vanwormer, 698 Lakeshore Drive, Delray Beach (member of the Delray Beach Preservation Trust and the urevious Director of the Delray Beach Historical Societ supports the recommended changes and the recommendations of the resurvey. Mrs. Vanwormer stated she specifically supports Doc's as part of her personal history as a safety patrol on that corner when she attended Delray Beach Elementary School and is happy that the school was preserved. She hopes that the City maintains its support of historic districts and the history of Delray Beach. Lois Brezinski, President of the Delray Beach Preservation Trust, stated when these issues started to come to the forefront 3 or 4 years ago nothing surprises her more than to see the emotion that this particular issue brings out in people. Ms. Brezinski stated she is amazed at how people do not want to be historic and are afraid of renovating their homes because the fact is that historic preservation and towns across the country generate an incredible amount of revenue for the towns, states and cities that they are in. She discussed booklets put together by the University of Florida, the University Of Florida Levine College Of Law, the Department of Urban and Regional Planning, the Center for Tourism for Research and Development, the University Of Florida College Of Health and Human Performance, the Florida Trust for Historic Preservation, and others. Ms. Brezinski stated the City of Sarasota recently 24 06/02/09 designated districts that are called "conservation districts" as defined in the historic preservation chapter of that city's plan 50% of the structures must be 40 years or older. She stated studies have been done by people who are much more intelligent than us who qualify structures in the State of Florida 50 years and older as historic. Cecilia Josephine Elan, 272 Thatch Palm Drive, Delray Beach, speaking on behalf of her father and stated when they bought Doc's, Dunkin Donuts and the lot in-between it was a closed rat infested, bat invested, nasty building that sat vacant for years. She stated they bought it and tried to get it developed and nobody was interested in it. Ms. Egan stated the City or the Historic Board should have bought it at that time recognizing that it might have been historic at some point. She stated when Frances Bourque started developing Old School Square her parents were involved with that because they see merit in historical buildings. Ms. Egan stated that Doc's is not the Parthenon and noted that they have two similar buildings in New York built in 1951 and 1963 with the same type structure that are very viable businesses. She stated they have no intention of tearing Doc' down but if Doc's cannot meet the requisite market value that is going to be due when their lease is up, something else will have to go in there. Ms. Egan stated if someone cannot pay market value for the building it is going to sit vacant again. If they cannot rent the building at market value, they will donate the building to the Historic Preservation Board and they can move it to any lot they would like. She urged the Commission to not tie their hands and make them sit with a building that is not viable in the future. Al Surerin~, stated they realize that they have to get the approval from the City of Delray Beach before making any renovations to their property. He stated all they are asking for is specific clarification as to how these buildings are being qualified as historic buildings. Mr. Surering stated he has had major renovations done to the side of his building and from his perspective he does not understand how that can be qualified as a historical building. Elaine Burke, lives in the 300 block of North Swinton Avenue, Delray Beach (her home is on three lots), stated the map she received from the City had her northern two lots included in the contributing properties and not the southernmost lot. She stated she is opposed to this. Ms. Burke stated she was born here and grew up here and has seen many changes to the point where it is almost unrecognizable to many people. She stated she is an interested property owner and Delray Beach has to develop and expand for business. Ms. Burke stated the restrictions are very real and this will affect the property owners. Philip Colnon, 680 N.W. 11th Street, stated he is against anything that takes away property rights from a property owner. Mr. Colnon stated it is unfair to force people into something more than what they are already in and a lot of these people did not buy when it was a historic district. He stated this should be looked at as more of a property rights issue instead of a historic issue. There being no one else from the public who wished to address the Commission regarding Ordinance No. 16-09, the public hearing was closed. 25 06/02/09 Mr. Frankel stated he did not support this ordinance on first reading and after hearing all the comments nothing has changed his mind this evening. He stated he does appreciate the Historic Preservation Board because he thinks history is important to Delray Beach but from the public comments this evening, one resident out of the twenty-three properties wants to be considered contributing. Mr. Frankel stated on page two of the ordinance it talks about the Historic Preservation Board recommended approval with a 4 to 0 vote. However, Mr. Frankel stated in the memorandum dated April 27, 2009, the DDA and the CRA reviewed it and both boards recommended approval made upon the condition that those property owners who would like to maintain their classification as non-contributing be granted that request. He stated 22 homeowners are not interested. Mr. Bernard stated he voted against this at first reading and will not support it this evening. He stated Mr. Rodriguez did not convince him on the concerns that were raised at first reading. Mr. Fetzer stated he did not hear compelling arguments that convince him that this is the right thing to do. He stated he is a strong supporter of historic districts but he does not have enough to go on here to convince him otherwise. Therefore, Mr. Fetzer stated he will not support this ordinance. Mr. Eliopoulos stated he was not expecting a presentation on definitions but was actually expecting a presentation as to why the 23 structures were considered historic or contributing. He stated he believes that many of these people bought their properties when it was a historic district and feels it is a big difference if someone bought and then it became a historic district. Mr. Eliopoulos stated he would like to know about how one would opt out of a historic district. He stated if there are options for someone to opt out and they prove why they shouldn't be included then that is where he feels it is important as to how you preserve historic neighborhoods and/or districts. Mr. Eliopoulos inquired about the procedure and how does the procedure change should you go and get this district on the National Historic Register. Mr. Eliopoulos supports this district and expressed concerns with the 23 structures and how they were classified. Mayor McDuffie stated quite some time ago the City was struggling with one or more of the historic districts and as a Commission they made a decision that they needed to resurvey every one of them. The process that everyone is going through right now is resurveying every district in the City because they were having problems in determining exactly what the inventory of contributing structures in the City of Delray Beach in each district was at the time. Mayor McDuffie stated he has been adamant that age alone does not qualify something as being historic and noted he came from a part of Delray Beach called Osceola Park and when he grew up it was all dads that came back after World War II and built little cottages and it is not historic at all. He agrees that there should be some mechanism for the Commission to go through to allow the public to petition to join or not to join because he does not believe in forcing things on people. Mayor McDuffie stated at the same time he has seen a number of the historic homes decay and is still watching some of them decay that he is afraid the City will lose before someone takes them an renovates them. He concurs with Commissioner Eliopoulos that he too was looking for an inventory or description and not just an entire boundary that said if you are 26 06/02/09 colored a certain color you are contributing because of the age. He stated age alone cannot be the determining factor and other things have to be taken into consideration. Mayor McDuffie stated we need to look strongly at the surveys and look at what is being suggested contributing. He stated the definition of appraisal is an "opinion of value" and what we have tonight is also an opinion. Mayor McDuffie stated we are required by law to allow the public to come petition if they do not agree with the Commission's opinion and he feels the City needs something like that injected into these ordinances. Mr. Eliopoulos asked what the status is of someone opting out. The City Attorney stated there is not really an "opt out" provision. Mr. Dorling stated he has explanations and photos of why the 23 properties are contributing. Mr. Eliopoulos stated he feels this information should have been in the Commission's agenda packets. The City Attorney stated the reclassification of these properties as contributing is what you would be opting out of not opting out of the district. She stated there is a mechanism for boundaries. The City Manager stated the City has been contacted by many people who do not want it and the City can contact those who the City has not heard from and see if some are willing to be added and bring that list at a later date. Mayor McDuffie suggested that the Commission discuss putting a mechanism in place throughout all the districts at a Workshop Meeting. Mr. Eliopoulos moved to adopt Ordinance No. 16-09 on Second Reading/Second Public Hearing, seconded by Mr. Fetzer. Upon roll call the Commission voted as follows: Mr. Bernard - No; Mayor McDuffie - No; Mr. Eliopoulos - No; Mr. Fetzer - No; Mr. Frankel - No. Said motion was DENIED with a 5 to 0 vote. 10.E. ORDINANCE NO. 17-09 (SECOND READING/SECOND PUBLIC HEARING): Consider an ordinance accepting the recommendations contained within the West Settlers Historic District Resurvey Report including extending the Period of Significance to 1970, and reclassifying 7 properties from non-contributing to contributing and amending the Land Development Regulations to amend the boundaries of the West Settlers Historic District to provide for the removal of the Atlantic Grove Development. The caption of Ordinance No. 17-09 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PROVIDING FOR THE ACCEPTANCE OF THE RESURVEY REPORT OF WEST SETTLERS HISTORIC DISTRICT INCLUDING EXTENDING THE PERIOD OF SIGNIFICANCE TO 1970 AND RECLASSIFYING 7 PROPERTIES FROM NON- CONTRIBUTING TO CONTRIBUTING; AMENDING THE 27 06/02/09 LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 4.5.1, "HISTORIC PRESERVATION SITES AND DISTRICTS", SUBSECTION (L), "DESIGNATION OF HISTORIC DISTRICTS", SUBSECTION (5), "WEST SETTLERS", TO PROVIDE FOR THE REMOVAL OF CERTAIN PROPERTIES WITHIN THE WEST SETTLERS HISTORIC DISTRICT AND AMENDING THE WEST SETTLERS HISTORIC DISTRICT BOUNDARIES, PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTNE DATE. (The official copy of Ordinance No. 17-09 is on file in the City Clerk's office.) The caption of Ordinance No. 17-09 (Version 2) is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PROVIDING FOR THE ACCEPTANCE OF THE RESURVEY REPORT OF WEST SETTLERS HISTORIC DISTRICT INCLUDING EXTENDING THE PERIOD OF SIGNIFICANCE TO 1970 AND RECLASSIFYING 7 PROPERTIES FROM NON- CONTRIBUTING TO CONTRIBUTING, PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 17-09 (Version 2) is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance and stated Version 2 retains the boundaries as it currently exists and Version 1 changes the boundaries. 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 Ordinance No. 17-09 adopts the recommendations of the West Settlers Historic District resurvey report which includes the expansion of the Period of Significance (POS) to 1970, reclassification of 7 properties, and amending the southern boundary. Mr. Dorling stated when the district was originally created in 1997 there was a contributing to non-contributing ratio of 43% contributing in the district to 57% non-contributing. He stated with the development of the Atlantic Grove sites and the addition of those properties, the ratio dropped to 26% contributing in the district versus 74% non- contributing. Mr. Dorling stated in that report part of the recommendation includes removing Atlantic Grove which would bring that contributing versus non-contributing structures to 58% contributing and 42% non-contributing. 28 06/02/09 Mr. Eliopoulos asked if there is at any point in time when the City goes to the state for funding or something would that hurt the West Settlers District with those numbers. He stated he is fine with staying in the district. Mr. Dorling stated in the creation of districts the desire is to have a majority contributing versus non-contributing and noted when it was originally created in 1997 it was a 43% contributing and 57% non-contributing. He stated it is generally a threshold that is desirable. Ivan Rodriguez, Consultant with RJ Heisenbottle Architects, Inc., stated that is exactly the intent. Mr. Rodriguez stated if the City were to go for a National Register of Historic Districts nomination then the ratio of contributing versus non-contributing would hurt the nomination if the City were to go that route. Also, Mr. Rodriguez stated the community may feel very strongly that they want to retain what was there originally as the West Settlers area. He stated there are other ways of recognizing it and the Commission can consider historic markers that may actually tell the story of what was there which no longer is. Mr. Rodriguez stated in this case, Atlantic Grove is a tough one to justify keeping within the district boundaries because professionally it is hurting the integrity of the district. Mr. Bernard asked what the percentage would be for Version 2. Mr. Dorling stated the percentage would drop to 74% non-contributing; 26% contributing (currently the percentage now because it is in the district). Mr. Dorling stated if Atlantic Grove is taken out then it would be 58% contributing and 42% non-contributing. Mr. Bernard asked when Atlantic Grove came in front of the Historic Preservation Board did they consider how it would change the percentage of contributing to non-contributing from 58% to 26%. Mr. Dorling stated he does not know if the HPB discussed that but they were looking at new development and they would not deny new development because it would negatively impact that ratio. He stated whatever is built there is going to have a negative impact with respect to the ratio because it is new versus contributing. Mayor McDuffie declared the public hearing open. Raluh Johnson (teaches historic ureservation and Professor of Architecture at Florida Atlantic University (FAU), on the Board of Advisors to the National Trust for Historic Preservation, Trustee Emeritus for the Florida Trust for Historic Preservation), urged the Commission to support Version #2 of the ordinance and stated he has been on EPOCH's (Expanding and Preservation Our Cultural Heritage) Board of Directors for about ten years. Mr. Johnson stated the area in the blue is a part of this culture and the area in the white is also part of this culture. He stated if the City removes the blue area they are further weeding away at that cultural history and this is why he is opposed to it. Mr. Johnson stated in terms of the quality of the environment Atlantic Grove brings a great deal to the neighborhood. He stated he does not understand why the boundaries have to be taken out and feels it is a plus for it to be there. Mr. Johnson stated they welcome the townhouses in their district and applauds the Commission for doing the resurvey. He stated 50 years is only one of the criteria and noted that buildings become 50 years over time and then you look at them again and see if they still have the significance. Mr. Johnson urged the Commission to keep Atlantic Grove in the district. 29 06/02/09 Pastor Barr, St. Paul Missionary Bautist Church, Delray Beach, stated he retired with 20 years of active duty service in Afghanistan to Kuwait. Mr. Barr stated the uniform has changed; however, it does not mean he did not serve his country. Mr. Barr stated he is against the blue area being moved out of the West Settlers District not because of the development that is being done but because their district should be given the opportunity to have something developing. He urged the Commission to give them the same beautification that is being done throughout the entire city. Mr. Barr stated he is appalled to hear that to keep this blue area in our district is not good for the district and this statement should be reconsidered. He feels that every area has the opportunity to be good and the West Settlers District has the opportunity to look good. Mr. Barr stated he should be able to take his grandchildren and say this was owned by your parents and he is against moving the West Settlers District. Vera Farrington, reuresents the Founders Board Members, stated there were a group of people who came before the Commission in 1996 asking why they cannot have a piece of property in this section of Delray Beach where African Americans lived years ago. Ms. Farrington stated the City has four historic districts all of them east of Swinton Avenue and none west of Swinton Avenue. She stated their African-American school was designated in 1894 but there was very little about them. Ms. Farrington stated most of the Founders Board members are deceased but most of the heirs are still here and are proud that their grandparents worked in the blue areas as well as the other surrounding areas. She urged that we do not take those blue areas away and when that historic district was designated it did have enough historic information in it or else it would not have been designated. She urged the Commission to not reduce the size of that historic district and would like the same historic boundary that they designated in 1997. Bruce Newell, 103 N.W. 3rd Avenue, Delray Beach, would love for his home to be contributing. Waymon Dixon, resident of the West Settlers District and Pastor with St. Paul's Bautist Church, concurs wholeheartedly with comments expressed by Ms. Farrington. There being no one else from the public who wished to address the Commission regarding Ordinance No. 17-09, the public hearing was closed. Mr. Eliopoulos stated renovations do not necessarily take away the historic value. He supports Version #2 of the ordinance and concurs with comments expressed by Ms. Farrington. Mr. Fetzer stated he did not hear any compelling reasons to make them want to change these boundaries and supports Version #2 of the ordinance as well. Mr. Frankel concurs with comments expressed by Commissioner Eliopoulos and Commissioner Fetzer. Mr. Bernard agrees with Version #2 of the ordinance and hopes that in the future we can increase the percentage of contributing property with the empty lots. 30 06/02/09 Mayor McDuffie stated this is all part of a great big process of surveying all of these districts and trying to satisfy the needs of the community while protecting our historical areas in the city. He stated he has a great deal of respect for Ms. Farrington and her ideas and the community as well. Mayor McDuffie thanked everyone for their input and stated he too will support Version #2 of this ordinance. Mr. Eliopoulos moved to adopt Ordinance No. 17-09 (Version #2) on Second Reading/Second Public Hearing, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mayor McDuffie -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. Frankel -Yes; Mr. Bernard -Yes. Said motion passed with a 5 to 0 vote. 10.F. ORDINANCE NO. 27-09 (FIRST READING/FIRST PUBLIC HEARING): Consider acity-initiated amendment to the Land Development Regulations (LDR) Appendix "A" "Definitions", to provide an updated definition of "Family". If passed, a second public hearing will be held on July 7, 2009. The caption of Ordinance No. 27-09 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDNG APPENDIX "A", "DEFINITIONS", TO PROVIDE AN UPDATED DEFINITION OF FAMILY; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTNE DATE. (The official copy of Ordinance No. 27-09 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 ordinance will provide an updated definition for the term family. Mr. Dorling stated currently the definition in the LDR is one which has a graduated scale and allows additional persons to live with a family depending on how many family members there are with a total of five (5) unrelated persons per dwelling unit as a maximum. The new definition of family that is before the Commission tonight is changed to reflect two or more persons that live together but not more than three (3) that are unrelated. At its meeting of May 18, 2009, the Planning and Zoning Board did not recommended this; with a vote of 5 to 0 in opposition. The Board felt the ordinance was a little broad and they agreed with some testimony that was provided by a man (George Jan) from Palm Beach Community College who suggested that four (4) might be more appropriate than three (3). At that point, the Board recommended denial. 31 06/02/09 Mayor McDuffie declared the public hearing open. George Jan, resident and urouerty owner in Delray Beach, provided the Commission with the statistical analysis regarding the proposed ordinance and gave a brief PowerPoint presentation. Mr. Jan stated he reviewed information from the 2000 census as well as the interim 2005-2007 census and the average family size in the City of Delray Beach increased from 2.87 to 2.94. He stated there has been no significant statistical change with regards to the size of the family. Mr. Jan stated approximately 36% of the families in Delray Beach have exactly two members in it, in the western areas the average family size is around 2 or a little more than 2, in the downtown area between Federal Highway and I-95 and Linton Boulevard and Atlantic Avenue the average family size is closer to 4. He stated under the new ordinance proposed 3 or fewer would represent 74% of all the families and that is not statistically significant. Mr. Jan stated if the family definition was 4 or fewer that would cover 95% of the family and this would be a statistically valid conclusion. Mr. Jan stated if there is going to be a change it is recommended that it be from 5 to 4 individuals. He stated the definition of 3 or fewer individuals is not statistically justified by the data. However, Mr. Jan stated 4 or fewer individuals is justified by the data and therefore, if the Commission is going to make a change to include a definition of 4 fewer individuals in the definition of family. Michael Weiner, Attorney with Weiner & Aronson, P.A., 10 S.E. 1St Avenue, Delray Beach, stated the Commission is trying to Legislate the definition of "family" and its responsibility is at the highest level. Mr. Weiner stated in 2003 the State Department issued a press release stating that the right to found a family is protected by the Universal Declaration of Human Rights. Mr. Weiner stated it would be their preference that the Commission not legislate at all with respect to the definition of family but if they must chose one at least chose family plus 4. He explained that is those related by consanguinity plus 4 other individuals. The reason for this is that it means that far fewer households would be in danger of being broken up by the new legislation. Mr. Weiner stated the greatest concentration of these larger households as they presently exist is east of I-95 and west of Federal Highway. He stated if the City keeps this at 3, it would disproportionately fall on a certain segment of individuals who are economically disadvantaged. Mr. Weiner stated under the circumstances he urged the Commission to take steps they may be making here tonight in general and in particular if the Commission must move forward on some legislation chose a definition of family that will be neutral in its impact and not cause selective enforcement and be reasonable in addressing the presently existing households in Delray Beach, Florida. Kevin McNally, 624 Gardenia Terrace, Delray Beach, urged the Commission to vote in favor in this amendment and stated it makes sense to him that three unrelated people is a pretty extended family. Pat Archer, 380 Sherwood Forest Drive, Delray Beach, stated she is here to provide support for this ordinance in reduction of a definition of family members. Ms. Archer stated she really believes that 4 is the appropriate number for the definition of family. She stated the City is also determining how many unrelated people can live together in a single family home. Ms. Archer stated in Delray Beach there are a lot of seasonal people who come down and rent properties with another couple. 32 06/02/09 She stated if you have two couples renting a property already with 3 as the number there would be a problem and feels the City is driving people who are seasonal people who come and support the town to the underground. Ms. Archer stated she understands the rationale for wanting it to be 3 but she really thinks in Delray Beach it is not an appropriate number. She stated we are not talking about the number of people who might be live-in help and this may be something the Commission may want to consider. Ms. Archer urged the Commission to keep the number for the definition of family at 4. Alaina Weiss, student, asked why the average for a household is so small and why there is a limit. She stated she feels it is pathetic that two or three is the national average. Kathy Smith, 501 Eldorado Lane, Delray Beach, stated she had been living in Delray Beach for 22 years and concurs with comments expressed by Mr. McNally that the Commission should vote in favor of the amendment. John Krane, 217 Beverly Drive, Delray Beach, supports this ordinance and urged the Commission to also vote for this ordinance. He stated allowing five unrelated people per dwelling unit have created a hostile environment in his particular neighborhood. Mr. Krane stated by allowing five unrelated people to live together. There are five separate cars, people with five different schedules coming and going at times throughout the day and night, and their friends visit day and night at different times. He stated there was a situation where there was a particularly large house at the end of his street and five young ladies from one of the local colleges lived there for 1 ~/z years. Mr. Krane stated it was a sorority house and they had the police there many times, noise violations, beer bottles, and cars parked all over the swale. He stated recently they now have duplexes on his street and in his neighborhood and that allows ten unrelated people to be in a single building and that is ten cars, ten friends, ten schedules coming and going at all hours of the night. Mr. Krane strongly urged the Commission to vote in favor of this. He stated in relation to the statistical presentation by Mr. Jan, since 3 was the average he used that is strong support for using 3 as the number in Delray Beach. Mr. Krane stated he also believes that the data was based on the blood related relatives and not unrelated. He stated if we are using statistics he used find out what the statistics are for having the number of unrelated people living in a dwelling unit. Dr. Harold Jonas, 297 N.E. 6t'' Avenue, Delray Beach (President of the South County Recovery Association (SC12A), read a brief statement into the record and stated they do not agree with the City's definition of family. Kevin Chambers, 923 S.E. 4t'' Avenue, Delray Beach, stated he feels it is outrageous that the government can tell people what a family is. He stated the statistics that were previously shown are 3.14 and if the City sets it up as 3 people then the national average is above 3 people. Mr. Chambers stated the 2000 census rose to 2,000 and what's to say it is not going to be 3.25 at the 2010 census. He stated this definition of family will directly impact another ordinance that the Commission will be discussing this evening as it relates to transient housing and group housing. 33 06/02/09 Joann Peart, 107 N.W. 9th Street, Delrav Beach, stated she does not have any transient houses close to her; however, with regard to Mr. Krane's comments regarding the five college girls and the two duplexes, she has another letter from someone who has that same problem. Mrs. Peart read this letter into the record from a homeowner who supports the ordinance and all other ordinances. John Robertson, 600 Gardenia Terrace, Delrav Beach, stated the statistics presented earlier seem irrelevant because it did not speak to the number of unrelated persons in single family dwellings. Mr. Robertson stated he would expect in Delray and nationwide that number is less than one and he supports the ordinance. Doug Ayerst, 111 N.W. 11th Street, Delrav Beach, stated the definition of a statistician is someone who is able to draw a straight line between unwarranted assumption and a foregone conclusion. He asked statistically what the distribution looks like for the people who are in halfway houses. Mr. Ayerst stated he has heard people say that if you have a halfway house you will have crime and asked how we can put together some kind of an ordinance that would eliminate the halfway houses. He stated this does not have to do with the definition of "family" but instead how do we make our neighborhoods safe. Mr. Ayerst urged the Commission to adopt the ordinance and stated the number of people that are unrelated in the same house has to be probably 3. The City Attorney stated this family ordinance applies to everybody and we cannot and should not and it is illegal to single out sober houses or people in recovery. She stated they are protected and are considered to have disabilities. The City Attorney stated the City is not passing this for sober house purposes but the City is passing this because of some of the comments that were made about crowded housing and those kinds of things. She stated it affects sober houses perhaps but it also affects everybody else equally. The City Attorney stated it is not helpful to use that as a justification because it is really an illegal discriminatory justification. Mr. Ayerst stated he sent an email to the Commission today and one of the things he stated in the email was that it has to do with regulating commerce inside residential areas. He stated in his mind a halfway house is a commercial business and commented that there are some kinds of business activities that tend to attract crime. James Quillian, 925 S.E. 2"d Avenue, Delrav Beach, stated he has heard comments expressed this evening that the Commission is trying to put them out of business and noted that you are not supposed to be running a business in a residential area. Mr. Quillian stated he lives in Osceola Park and there are several houses where there are multiple people (7-8 unrelated) living in the house and all the problems that go along with that. He supports the ordinance and limiting the number of unrelated people in a home. Alaina Weiss, feels that people come together to support one another. 34 06/02/09 Richard Joslin, 629 S.E. 4th Avenue, Delray Beach (owns two houses on the block behind him located at 605 & 609 S.E. 3rd Avenue that he operates as recovery houses, stated he moved to Delray Beach after retiring as a public school guidance counselor and psychologist for South Florida. Mr. Joslin stated about a year after moving to Delray Beach he accepted a job managing a 61 bed half-way house (The Lighthouse on S.W. lst Avenue behind the Sundy House). He stated it did not cause problems for the City and it was well structured and well maintained. Mr. Joslin stated when that facility closed he decided that he would keep their name and open the same type of facilities for himself. He stated he did this by buying individual houses in the blocks surrounding his residence. Mr. Joslin stated his houses are well maintained and do not have more than five people living in them and they do not have more than three cars parked at any property, they have a minimum amount of police calls. He stated they have not been disruptive to the neighborhood and has never heard anyone in either of their neighborhoods say anything bad about them except for the crack dealers who do not appreciate them being there. Mr. Joslin stated he purchased these houses four years ago when prices were at a premium. He stated he got adjustable rate mortgages and now his mortgage payments, taxes and insurance have reached a point where he needs to have five people in there in order to pay those bills. Mr. Joslin stated if the Commission passes this ordinance he will not be able to pay his bills and thus this will lead to foreclosure on the three properties that he owns. He urged the Commission to consider two classes of houses; the people who own their own houses and rent them out directly to the individuals and the sub-letters. Mr. Joslin stated there are only a handful of people who own their own recovery houses in this city and they are the ones that are going to face huge losses should this ordinance be passed. Don Thorne, 901 S.E. 4th Avenue, Delray Beach (has lived here for 55 years), stated these people are selling the crack and buying the crack and stated he is in support of this amendment. Scott Thomnkins, 257 N.E. 11th Street, Delray Beach, stated he lives with three roommates and two have girlfriends. He stated under this ordinance he would have to ask two of them to leave. Mr. Thompkins stated with the hard economic times you want to have a nice house and share it with people that would enjoy Delray and spend their money in Delray. He stated you need to subdivide and have a means of pulling the bills (electric and cable bills are increasing). He stated everyone needs to make a living and by passing an ordinance like this people would have to work harder and not be able to get ahead. Mr. Thompkins asked what happens to a four bedroom house and the people who own that house and need to rent it. He stated he owns some recovery homes and transitional housing change peoples' lives. Christie Malarz, 9 N.W. 9th Street, Delray Beach, stated she sent an email to the City Commission today and there was a letter attached to the email that she sent to the Palm Beach Post part of which was published and part of which was not. Ms. Malarz stated when someone is running a business in a residential neighborhood and it interferes with the quiet enjoyment of the neighbors and the people that bought there before any of this sort of thing was allowed it is really unfair to expect people to see their property values lowered and having to call the police every night because there is someone parking on their lawn or raising hell in their neighborhood. She stated this is so wrong to do that to the people who pay the taxes and who have been here and have always tried to be good citizens. 35 06/02/09 Ms. Malarz urged the Commission to vote in favor of reducing the number of unrelated people who are allowed to live in a house and also vote in favor of reducing the way businesses are run in her neighborhood. Alice Finst, 707 Place Tavant, Delrav Beach (Chatelaine), stated they have had families in their neighborhood who have 4, 5, and 6 children and eventually they reached a state where they all had cars. Mrs. Finst stated the cars were never parked on the street, driveway, or sidewalk and it was orchestrated who went in and who went out at what time and there was no problem with the multitude of vehicles. She stated when there is anon-family situation with 4 or 5 people it does not work out that way. Mrs. Finst stated the cars are not parked in a manner that is safe for the other people in the neighborhood. She stated the cars are scattered on the sidewalks, in the driveways, and in the street and feels this is really a safety issue. Mrs. Finst urged the Commission leave the definition of family to 3 unrelated people. Mason Mitchell, 333 N.W. 7t'' Avenue (second generation family of Delray Beach stated he recently joined South County Recovery Association (SCRA) and on behalf of them he recently got the landlord permit and in his neighborhood he has five people in his neighborhood in a three bedroom home. Mr. Mitchell stated he went around to his neighbors and did a survey about what they think about his house. He stated the neighbors feel it is great and noted that you cannot tell that anybody lives there because these people get up and go to work and are doing the right thing. Mr. Mitchell stated the halfway house association that he is a part of has rules and regulations. He stated you come in, you go to work, and there is a curfew of 11:00 p.m./12:00 midnight and if they are not in by this time then there are consequences such as getting kicked out, etc. Mr. Mitchell stated these other people are running the other homes and are not in with SCRA: they are just in it for the money and are not in it to better the community. Clifford Wright, 3930 Lowson Boulevard, Delrav Beach, stated he comes from a big family and finds it appalling and offensive that people are trying to knock down the number of people that live in the same house. Mr. Wright stated the City is targeting a certain group of people and does not have the right to say how many people can live in a house. He stated this is unconstitutional and he is offended. Father Chiu Stokes, Director of St. Paul's Euiscoual Church, 188 South Swinton Avenue, Delrav Beach, stated they do a lot of ministry and understands the complexities and dilemma that the City Commission faces. Father Stokes expressed concern that this ordinance, despite the City Attorney's warning, it is targeting sober houses in a discriminatory way and it will also have an effect on immigrant households that consolidate because of poverty. He stated it would act in discriminatory ways as former Commissioner Archer said about people who come in to rent houses. It also would discriminate against gay and lesbian persons if two couples wanted to share a house then they would be out of conformity. Father Stokes urged the Commission to consider well whether or not this ordinance is operating in a discriminatory way. 36 06/02/09 Carolina Calderon, 831 S.E. 4th Avenue, Delray Beach, supports the ordinance because she owns a few properties in Osceola Park and stated these sober houses are all over the place. Ms. Calderon stated it is detrimental if you are trying to sell a house and disclose you live next to a sober house. There being no one else from the public who wished to address the Commission regarding Ordinance No. 27-09, the public hearing was closed. Mr. Eliopoulos stated he appreciates everyone that spoke tonight because it is a very important issue for a lot of people. He stated this ordinance deals with unrelated people and when you talk about zoning it is to do with transient lodging in single family neighborhoods. Mr. Eliopoulos stated "family" has to be defined but feels it is being taken out of context with regards to related people as opposed to unrelated people. Therefore, Mr. Eliopoulos stated he supports the ordinance as is. Mr. Fetzer stated this is definitely a zoning issue and is personally concerned over stability and safety in many of the single family neighborhoods in Delray Beach. He stated it is appropriate to pass this ordinance and the legal research that the City Attorney has done is the fair way to do this. Therefore, Mr. Fetzer stated he supports the ordinance as well. Mr. Frankel expressed concern over the negative impact the entire city is currently going through. He stated the overcrowding of houses in single family neighborhoods is too large a problem. Mr. Frankel stated he, Commissioner Eliopoulos and Commissioner Bernard attended the Planning and Zoning Meeting on May 18, 2009 and it seemed that the Board's concern was the enforcement. He stated there is a lot of talk about community policing and believes there is going to be plenty of community policing about this. Mr. Frankel stated he does not fmd this ordinance to be discriminatory at all because the ordinance affects all residents of Delray Beach. He complimented the City Attorney's office for using the latest census bureau data and 2.87 is the average family size. Mr. Frankel stated the United States District Court in the Southern District of Florida held that "there is nothing wrong with the number 3 that the City shows." Mr. Frankel stated the City needs to go to precedent and supports this ordinance. Mr. Bernard stated he is against this ordinance because he believes it should be 4 unrelated persons. For instance, if someone purchases a home and it has four bedrooms and this person wanted to rent the three other rooms to three unrelated persons then the person would be in violation of this ordinance. Mr. Bernard stated that person may not have bought the home for business reasons. He feels there a number of four bedroom homes that could potentially fall under that circumstance and because of that he believes it should be 4 unrelated persons. Mayor McDuffie briefly discussed the goals for 2019 - "Quality Neighborhoods of where people want to live" and that is the thrust of what this is about. He stated he ran some statistics himself and also received a list from the City Attorney with regard to jurisdictions all over the State of Florida. There are quite a number in the State that are writing ordinances like the City of Delray Beach. Mayor McDuffie stated he supports the ordinance and the hard work that they have done. He stated with the research he did he found that some counties are making provisions for domestics, servants, and an "other category". Mayor McDuffie stated he found 37 06/02/09 that as he ran all his stats the number leaned more toward 4 than it does toward 3 so he would support it at 4 unrelated persons. He stated in the Marina District where there are a lot of cottages two couples that come in from out of town is a very common practice and it seems that the number fits in the rental communities as well. Mayor McDuffie extended his thanks to the City Attorney's office and he supports 4 unrelated persons. The City Attorney stated two couples joined by marriage would be okay; however, if they are not joined by marriage it would not work. Mr. Eliopoulos moved to approve Ordinance No. 27-09 on First Reading/First Public Hearing as written, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. Frankel -Yes; Mr. Bernard - No; Mayor McDuffie - No. Said motion passed with a 3 to 2 vote, Commissioner Bernard and Mayor McDuffie dissenting. 10.G. ORDINANCE NO. 28-09 (FIRST READING/FIRST PUBLIC HEARING): Consider a city initiated amendment to the Land Development Regulations (LDR), Section 4.3.3, "Special Requirements for Specific Uses", Subsection (I) "Community Residential Homes and Group Homes", to update the section to comport with changes in State Law. If passed, a second public hearing will be held on July 7, 2009. The caption of Ordinance No. 28-09 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, BY AMENDING SECTION 4.3.3, "SPECIAL REQUIREMENTS FOR SPECIFIC USES", SUBSECTION (I), "COMMUNITY RESIDENTIAL HOMES AND GROUP HOMES"; TO UPDATE THE SECTION TO COMPORT WITH CHANGES IN STATE LAW; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 28-09 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. Pat Archer, 380 Sherwood Forest Drive, Delray Beach (former Commissioner and 14 year member of the Delray Beach Drub Task Force and former Chairman of the Mayors Committee), stated the Committee gets together and discusses the situation regarding the drug problems and the recovery facilities in Delray Beach. Ms. Archer stated the Drug Task Force supports all of the ordinances tonight (#27-09, #28-09, and #30-09) and there are many people speaking this evening who have involvement in sober houses. Ms. 38 06/02/09 Archer stated there are no halfway houses in Delray Beach that are not associated with the Drug Abuse Foundation and noted that a halfway house is licensed and supervised. She stated there are none in Delray except those involved immediately with treatment centers. Ms. Archer stated sober houses are the only things that operate in residential areas and they operate there in order to be financially viable and to hold property and to make as much money as the can. She stated the Drug Task Force is very much opposed to the operation of a business of any type in a residential neighborhood particularly one that is so disruptive to the community. Ms. Archer stated the Drug Task Force supports halfway houses and reiterated that there are none in Delray Beach operating in residential neighborhoods. Ms. Archer stated unless a sober house is owner occupied it is illegal because it is a business and the Drug Task Force supports whatever zoning regulations the City can do to curtail illegal operations in residential neighborhoods. Mr. Fetzer moved to approve Ordinance No. 28-09 on First Reading/First Public Hearing, seconded by Mr. Bernard. Upon roll call the Commission voted as follows: Mr. Fetzer - Yes; Mr. Frankel -Yes; Mr. Bernard -Yes; Mayor McDuffie -Yes; Mr. Eliopoulos -Yes. Said motion passed with a 5 to 0 vote. 10.H. ORDINANCE NO. 29-09 (FIRST READING/FIRST PUBLIC HEARING): Consider acity-initiated amendment to the Land Development Regulations (LDR) by amending Section 4.3.3, "Special Requirements for Specific Uses", by enacting a new Subsection 4.3.3(ZZZ), "Transient Residential Uses", in order to establish prohibitions, exemptions/exceptions, waivers and penalties; amending Section 4.4.6, "Medium Density Residential (RM) District, to provide that "Transient Residential Uses", shall be allowed as permitted uses; and, amending Appendix "A," "Definitions", to provide for a definition of "Transient Residential Uses". If passed, a second public hearing will be held on July 7, 2009. The caption of Ordinance No. 29-09 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING SECTION 4.3.3, "SPECIFIC REQUIREMENTS FOR SPECIFIC USES", BY ENACTING A NEW SUBSECTION 4.3.3(ZZZ), "TRANSIENT RESIDENTIAL USES", IN ORDER TO ESTABLISH PROHIBITIONS, EXEMPTIONS/EXCEPTIONS,WANERS, AND PENALTIES FOR SAME, AMENDING SECTION 4.4.6, "MEDIUM DENSITY RESIDENTIAL (RM) DISTRICT", SUBSECTION (B), "PRINCIPAL USES AND STRUCTURES PERMITTED", IN ORDER TO PROVIDE THAT TRANSIENT RESIDENTIAL USES SHALL BE ALLOWED AS PERMITTED USES WITHIN THE (RM) DISTRICT; AMENDING APPENDIX "A", "DEFINITIONS", IN ORDER TO PROVIDE A DEFINITION OF "TRANSIENT RESIDENTIAL USES"; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 29-09 is on file in the City Clerk's office.) 39 06/02/09 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 transient residential uses via this ordinance will be prohibited in single-family and planned residential development zoning districts and they will be added as a permitted use in Medium Density Residential (RM) District. Mr. Dorling stated this ordinance allows anyone that is in non-compliance to come into compliance within 12 months of the effective date of the ordinance or expiration of their lease whichever occurs first. He stated there is exemptions in the ordinance that deal with group and community residential homes as well as assisted living facilities licensed by the State. At its meeting of May 18, 2009, the Planning and Zoning Board recommended denial with a 5 to 0 vote. The concern centered on the impact of seasonal rentals; however, this would affect these and these are transient uses and are inappropriate in single family districts. Staff recommends approval. The defmition of transient is being able to have different people in a residence no more than six times in a year. Mayor McDuffie declared the public hearing open. Kevin Chambers, 923 S.E. 4th Avenue, Delray Beach, stated he moved into a sober house one year ago and not only does he work here at Wal-Mart, all the money he has made over the past year he has spent in Delray. Mr. Chambers stated many people who are in the program and live in sober houses do not have cars because most of the people ride bicycles and take public transportation. He stated he is a taxpayer and contributes to the tax base because all of his income along with others goes back into the small businesses in Delray Beach. Jack Simmons, 602 Eldorado Lane, Delray Beach, supports the ordinance and urged the Commission to pass it. Kathy Smith, 501 Eldorado Lane, Delray Beach, stated she has lived in the cul- de-sac for 22 years and knows must of the neighbors by their first name and has been to almost all of their houses on social occasions. She knows the cars that her neighbors drive and knows the children that play in the street. Ms. Smith stated it is a great community to live in because it is quiet, until recently. She stated the house on the corner of 6~ and Eldorado Lane has changed her life and the community is shaken. Ms. Smith stated first there was a Super Bowl party, the cars were stretched around the block and there was a car accident when someone was leaving. She stated the next tenant who came in was a sexual offender and now her 12 year daughter is not allowed to go outside or anywhere without her mom. Ms. Smith stated she does not know these neighbors because they change so frequently and it is more like a hotel. She stated she has seen a black Mercedes pull up in front of the home, drop someone off, drive around the block and come back and pick that person up and asked if this was a drug deal Ms. Smith stated on another occasion she called the police because there was a guy in a minivan in front of this same house and he had stacks of Nike shoes from top to bottom and he was dressed like a foot locker guy and he was pulling t-shirts out of his car that still had the hangers on them. 40 06/02/09 She stated there is a sober house on the corner of 6~ and Eldorado Lane that has a mortgage on it for $700,000.00 and urged the City Commission to take Delray Beach out of the newspaper and the Police Department. She urged the Commission to keep her street quiet and sweet as it was and vote "yes" tonight. John Crane, 217 Beverly Drive, Delray Beach, stated he is not against people trying to recover from an addiction and is for getting better but he supports this ordinance and urged the Commission to vote for this ordinance. Mr. Crane noted the Board in the Commission Chambers regarding two of the goals "quality neighborhoods where people want to live" and "quality educational opportunities". He stated he moved into the Lake Ida neighborhood in 1992 and because of the work that people have put into it, it is a quality neighborhood. Mr. Crane referenced the Board and the "Targets" -the Lake Ida Design Guidelines Ordinance adoption and noted this is part of the efforts to make that neighborhood what they want it to be. Also, Mr. Crane stated the Board also references "review transient rental and single family neighborhoods". He stated this is degrading the value and neighborhood quality and is in direct conflict with the goals at the top of the Board. He stated the City should be able to regulate the type of transient uses in the vicinity of schools and understands from the City that this would be discriminatory. Mr. Crane stated many of the schools are located in residential areas and his son is in a school and there is a transient use across the street where a sex offender moved into that home and he was not prohibited from living near a school because he happened to be an offender prior to the date of the law going into affect. However, Mr. Crane urged staff to bring back an ordinance at a later date that may help protect the kids as well so that we can get to the other goal of "quality educational opportunities". Clifford Wright, 3930 Lowson Boulevard, Delray Beach, stated he owns a business on West Atlantic Avenue and owns several houses that he rents out, stated this is an All America City. He is opposed to the ordinance and feels there should be the right to rent it out as many times as you want as long as you are regulating the people who are coming into your place. Mr. Wright stated he does not understand why the City wants to regulate the number of people who come into this particular area. The City Attorney stated rooming houses and boarding houses are not currently allowed in single family neighborhoods and this ordinance deals with transient rentals and it does not matter who the person is. This ordinance applies to vacation rentals which the City has quite a few of in single family neighborhoods and every other transient use that has a turnover of more than six times per year. Otherwise, it is not prohibited. Mr. Wright stated he feels this is targeted towards a certain group of people and feels this is wrong. Kevin McNally, 624 Gardenia Terrace, Delray Beach, urged the Commission to vote for this amendment to the LDR that makes transient housing a permitted use so that the City can control it. He stated his first-hand experience with transient housing in his neighborhood started Super Bowl Sunday 2008 as Kathy Smith mentioned. Mr. McNally stated a problem he sees with transient housing is that it generates a lot of traffic and it is noisy. 41 06/02/09 He stated it is not only traffic generated by the transient residents but all their visitors that come day and night and it is a nuisance to the neighborhood. Mr. McNally stated the transient housing negatively affects property values for individuals who want to sell and cannot attract a buyer because they have a transient oriented rental house next to theirs and this is considered a nuisance to potential buyers. He stated the City of Delray Beach is facing a potential reputation as a haven for transient housing and it will make the community as a whole less desirable for tourists and for people who are looking for a city to relocate to. James Quillian, 925 S.E. 2nd Avenue, Delrav Beach, who supports the ordinance, stated he used to live at 933 S.E. 2n and next door to them the house could be considered a transient house because once a month the entire household would change. He stated it was so bad that he bought the house to prevent a transient house from being next door to them. At this point, time being 11:07 p.m., Mr. Eliopoulos moved to approve to continue the meeting beyond 11:00 p.m., seconded by Mr. Fetzer. Upon roll call the Commission voted as follows: Mr. Frankel -Yes; Mr. Bernard -Yes; Mayor McDuffie -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes. Said motion passed with a 5 to 0 vote. Dr. Victor Kirson, President of the Board of Tierra Verde at Delrav Beach, thanked the Commission for passing what they have approved so far and asked when he can put these actions into affect. Mayor McDuffie stated several of these are first readings and they have to go to second reading on July 7, 2009. Al Jacquet, 236 S.E. 3rd Avenue, Delrav Beach, stated this ordinance is going to make transient residential uses as permitted uses in the RM (Medium Density Residential) District and urged the Commission to think about the RM Districts and talk to the people who live in these districts before finalizing this. Jason (did not state last name or address), stated he purchased a property on N.W. 2nd Avenue a couple of years ago and renovated it. He stated this was a "crack house" and was horrendous. He stated for the two years he was renovating it there were drug deals going on and presently are going on now in the unpaved alleyway behind his house, people coming by knocking on the door looking for drugs and looking for people. He stated for three years he has received mail almost every day from hospitals and organizations trying to collect money from them. He stated there are several half-way houses on the end of his street and noted there is yellow house at the very end of the street and every night all night long a car pulls up and sits there for five minutes and leaves. George Jan, Delrav Beach resident, supports this ordinance. 42 06/02/09 Don Thorne, Delray Beach, stated the City has an abundance of apartments and rental properties in the town and does not understand why everyone has to congregate in one dwelling but instead spread the money around to other realtors and landlords. There being no one else from the public who wished to address the Commission regarding Ordinance No. 28-09, the public hearing was closed. Mr. Eliopoulos stated transient lodging is already allowed in the RM (Medium Density Residential) District and this is about zoning. He stated transient lodging in single- family neighborhoods does not go and brings down the quality and the integrity of the neighborhood. Mr. Fetzer concurs with Commissioner Eliopoulos. Mr. Frankel stated he agrees with Commissioner Eliopoulos and Commissioner Fetzer with the exception of one thing. He stated according to the ordinance "transient residential use shall mean a dwelling that is operated or used in such a way that it has a turnover in occupancy of more than six (6) times in any one (1) year. Mr. Frankel stated he discussed his belief earlier in precedent and other rulings by courts to make sure we are not discriminatory. He stated he believes six (6) times in any one (1) year should be amended to four (4). Mr. Eliopoulos stated November-April is the busiest time of the year and feels since we have a tourist industry here, it will not kill someone who does have that rental property on the beach. He feels with November-April being the prime months he feels six (6) is logical. Mr. Bernard stated six (6) times is fine with him. Mr. Fetzer stated he too supports six (6). Mayor McDuffie stated he came up with four (4) because of basically people who are legitimate rental operators. He stated he spoke to legitimate people who are counting on the season for a lot of their income and believes six (6) is a reasonable number. Mr. Frankel moved to approve Ordinance No. 29-09 on First Reading/First Public Hearing, seconded by Mr. Bernard. Upon roll call the Commission voted as follows: Mr. Bernard -Yes; Mayor McDuffie -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. Frankel - Yes. Said motion passed with a 5 to 0 vote. 10.I. ORDINANCE NO. 30-09 (FIRST READING/FIRST PUBLIC HEARING): Consider a city initiated amendment to Chapter 117 of the Code of Ordinances, "Landlord Permits", Section 117.01, "Permit Required", to clarify when a permit is required; Section 117.03, "Approval of Application", to provide additional requirements; Section 117.04, "Appeals", by renaming it "Denial or Revocation of Permit Application; Appeals", Section 117.05 "Inspection", to provide for inspection with a warrant; enacting a new Section 117.06 "Tenant/Occupant Eviction", to ensure notice and due process rights are followed or alternate housing is provided; and, enacting anew Section 117.07 "Severability", to provide for 43 06/02/09 severability. If passed, a second public hearing will be held on July 7, 2009. The caption of Ordinance No. 30-09 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 117, "LANDLORD PERMITS", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, BY AMENDING SECTION 117.01, "PERMIT REQUIRED", TO CLARIFY WHEN A PERMIT IS REQUIRED; AMENDING SECTION 117.03, "APPROVAL OF APPLICATION", TO PROVIDE ADDITIONAL REQUIREMENTS; AMENDING SECTION 117.04, "APPEALS", BY RENAMING IT "DENIAL OR REVOCATION OF PERMIT APPLICATION; APPEALS"; AND AMENDING SECTION 117.05, "INSPECTION", TO PROVIDE FOR INSPECTION WITH A WARRANT; ENACTING A NEW SECTION 117.06, "TENANT/OCCUPANT EVICTION", TO ENSURE NOTICE AND DUE PROCESS RIGHTS ARE FOLLOWED OR ALTERNATE HOUSING IS PROVIDED; AND ENACTING A NEW SECTION 117.07, "SEVERABILITY", TO PROVIDE FOR SEVERABILITY; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 30-09 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 ordinance amends Chapter 117, Landlord Permits, and indicates that landlord permits can be approved by the Community Improvement Director subject to the applicant providing proof that no more than three unrelated persons reside in the leased unit subject to a permit fee of $50.00, proof that the applicant's property is not In violation, proof of sales tax for rentals less than six (6) months, proof of a local business tax receipt and that subleases are not rented more than six (6) times a year, and that they provide the tenant with a pamphlet dealing with rental guidelines. He stated if eviction is proposed then it would be subject to Chapter 83 or unless they are exempt they must provide a 48 hour notice of eviction in writing to the tenant and provide a tenant an alternate dwelling unit for up to 48 hours to reduce homelessness and crime. At its meeting of May 18, 2009, the Planning and Zoning Board recommended approval with a 5 to 0 vote. However, Mr. Dorling stated the Board's recommendation included striking Sections 117.03(A)(4) and 117.03 (A)(8) and also suggested that the $50.00 annual permit fee be increased. 44 06/02/09 The City Attorney stated in LDR Section 117.01(A) under Section 1 she suggested that the following language be added to read "nor shall any facility licensed by the State as a Group Home, Community Residential Home, or licensed assisted living facilities." Mayor McDuffie declared the public hearing open. Matthew Hartley, President of the Woods of Southrid~e, thanked the City Commission for the ordinance. ordinance. Pat Archer, 380 Sherwood Forest Drive, thanked the City Commission for this George Jan, 250 S.E. 10th Street, Delray Beach, congratulated and thanked the City Commission for this ordinance and stated this ordinance solves problems. There being no one else from the public who wished to address the Commission regarding Ordinance No. 30-09, the public hearing was closed. Mr. Fetzer moved to approve Ordinance No. 30-09 on First Reading/First Public Hearing with added language to include Assisted Living Facilities (ALF), seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mr. Bernard -Yes; Mayor McDuffie -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. Frankel -Yes. Said motion passed with a 5 to 0 vote. At this point, the City Commission took a five minute break. The time being 11:33 p.m., the Commission moved to Item 11, Comments and Inquiries on Non-Agenda Items from the City Manager and the Public. With regard to a prior concern expressed by Ms. Sullivan about the condition of the Atlantic Shores development north of Kevro's Art Bar, the City Manager stated they have been working with a developer and the developer has agreed to seeding and watering the grass until it is established, maintaining the grass, removing the temporary perimeter fence, and constructing a new perimeter fence which is to be black vinyl coated or screened with an opaque service. He stated the registered agent and several of the principles and the original developer has withdrawn from the project. One of the principles has acknowledged responsibility for the site and will be seeding the lot. The opaque material has already been installed and only needs to be re-secured. Secondly, the City Manager stated sometime ago we had an inquiry about the intersection of N.W. 12th Avenue and Atlantic Avenue whether there could be a right-turn lane. He stated the Florida Department of Transportation (FDOT) has reviewed a potential layout to see if the additional lane could be accommodated. He stated the City has been informed that the additional width cannot be accommodated at this time. The City Manager stated once FDOT completes their project, the City will approach them and see if we can modify this corner when the City constructs the Gateway Project. 45 06/02/09 11. From the Public. 11.B.1. Todd L'Herrou, 830 Kokomo Key, Delray Beach, expressed concern over the parking at the Seacrest Soccer Complex and stated they have moved the fences to the area that will actually be part of their grounds when the final site is completed and that is going to affect the parking for this year during the year of construction. Mr. L'Herrou stated this is going to be a very difficult situation because they are looking at very limited parking on the east side of the grounds and the west side of the Seacrest Soccer Complex that is owned by the City (31 spaces). He stated there are a number of spaces along the north side and it is not clear how much will be able to fit in there because the fences have been moved and still have to allow space for a car travel. The south side of the complex also has parking that is to the west of the stadium. Mr. L'Herrou stated they have had to use that parking and have had a number of significant break-ins in that lot on weekends during daylight hours. He expressed concern as to what will happen when cars park there in the nighttime hours and there is no lighting in that section of the lot. Mr. L'Herrou stated there is also some parking across Seacrest Boulevard and they may have to ask the City to find ways for them to utilize that parking lot. He stated that brings additional issues such as young children crossing the street and noted that although there are two lights there neither of them directly aligns with that parking lot. Therefore, there is no easy place for people to cross to get into the soccer complex. Mr. L'Herrou stated they are thinking about paying for private security on the south lot during the times that they use that lot (weekends and two nights a week). He stated the cost for soccer season alone would be $3,000.00 and if extended to the Lacrosse season, the cost would be another $3,000.00. Mr. L'Herrou stated the crossing issues are another concern and if they have to have someone there to assist with the crossing it probably means bringing in an off-duty police officer. He stated they have a site plan of the eventual site and expressed concern about what the eventual parking spaces will be and that they will not match up with the original agreement on that space. 11.B.2. Brian Thomason, President of the Delray Beach Soccer Club, briefly discussed the long-term problems they have seen with the site plans. He stated in 2006 when they were looking at the original concept of this they were under the belief that there would be 160 spaces that would be available for parking. Mr. Thompson stated from the recent look of the plans they maybe losing one of the lots that will be fenced off because they are only fencing part of that lot up for the school and the School Board historically has not wanted public access to elementary schools. He stated their long-term issue could be that one of the lots that they thought was going to be part of their parking may not be available to them from looking at this site plan. Mr. Thompson stated they have had to deal with security on a permanent basis for years and people walling across Seacrest Boulevard especially at night. He stated they are going to have approximately 200 people at the facility on a weeknight at the height of the soccer season each night Monday through Thursday. Mr. Thompson stated his organization is concerned about where this is going and he believes that some dialogue needs to be entertained with the School Board to figure out what is going on with this project so that they are not caught off guard and so they are not hampered in the future. The City Manager stated the School Board had talked about possibly selling the City some additional land for parking. 46 06/02/09 ll.B.3. Alice Finst, 707 Place Tavant, Delray Beach, commented about an obituary that was in Sunday's paper of Elizabeth `Betty" Matthews Paton. Mrs. Finst stated Betty Matthews was a representative to the City Commission for the Beach Property Owners Association (BPOA). She stated as Chairman of the ad-hoc Beach Advisory Committee she worked with the City Commission and others on a makeover on the then shabby public oceanfront to open up more than 15 new pathways to the beach and design showers, benches, and new shelters. Mrs. Finst stated during the recent Citizen's Summit her table discussed the beach and the possibility of putting up signage to recognize the change on and off the beach over the years. She stated should this signage occur she would like that Betty Matthews and her part in the beach revitalization be included. Mrs. Finst stated funeral services for Betty Matthews will be June 6, 2009 at 10:00 a.m. at St. Vincent Ferrer Catholic Church. At this point, the time being 11:42 p.m., the Commission moved back to Item 9.B. of the Regular Agenda. 9.B. BID PROTEST/BID AWARD/OCEANSIDE BEACH SERVICE, INC.: Consider bid protests filed by Oceanside Beach Service, Inc. and Boucher Brothers, regarding beach equipment rental concession; Request for Proposal (RFP) No. 2009-18 and consider awarding the bid to Oceanside Beach Service, Inc. (Quasi- Judicial Hearing) Chevelle D. Nubin, City Clerk, swore in those individuals who wished to give testimony on this item. Mayor McDuffie asked the Commission to disclose their ex parte communications. Mr. Frankel stated he spoke to the Attorneys for the Boucher Brothers and Mr. Boucher and stated they did a presentation in his office. Also, Mr. Frankel stated he spoke with Michael Weiner for Oceanside and spoke to Eric Feld, Dr. Andre Fladell, and Beth Johnston from the Chamber of Commerce. Mr. Frankel stated he went to Fort Lauderdale beach to look at the Boucher Brothers operation and he is at Delray Beach most of the year. Mr. Bernard stated he spoke with everyone that Adam mentioned except Eric Feld and he did not visit Fort Lauderdale beach. Mr. Fetzer stated his ex parte communications are the same as Commissioner Bernard. Mr. Eliopoulos stated his ex parte communications are the same as Commissioner Fetzer except Eric Feld and Dr. Andre Fladell. Mayor McDuffie stated he did not speak to Dr. Fladell and does not believe he spoke to Eric Feld; however, he spoke to everyone in Mr. Weiner's office, he has had extensive communication with Jordana Jarjura, Steven Boucher, and Stephanie Toothaker on all the merits and issues regarding this. Mayor McDuffie stated the extensiveness of the conversation that he has had with them has been also put into writing and entered it into the record. Linda Karch, Director of the Parks and Recreation Deuartment, stated this item is to consider the bid protest filed by Oceanside Beach Service, Inc. and Boucher Brothers Delray Beach LLC regarding beach equipment rental concession and consider awarding the bid to Oceanside Beach Service, Inc. On April 1, 2009, the City received responses to the Beach Equipment Rental Concession Request for Proposal (RFP) No. 2009-18. A selection committee was formed and ranked the proposers in accordance with the evaluation criteria listed in the RFP. Out of 2 responses received the selection committee ranked the proposal from Boucher Brothers 47 06/02/09 Delray Beach, LLC as the first ranked proposer, with Oceanside Beach Service, Inc. as second. At the time the selection committee met, it was not brought to their attention that some of the documents provided referred to Boucher Brothers Management, Inc. and not Boucher Brothers Delray Beach, LLC. Ms. Karch stated Oceanside Beach Service, Inc. filed a Bid Protest dated April 20, 2009 in accordance with the City's bid protest procedure. They raised the issue in their bid protest that documents submitted on behalf of Boucher Brothers Delray Beach, LLC actually pertain to and reference Boucher Brothers Management, Inc. and not the entity that bid on the RFP. All references regarding experience as well as insurance certificates are from Boucher Brothers Management, Inc. and not Boucher Brothers Delray Beach, LLC which was formed on July 28, 2008. Boucher Brothers Management, Inc. asserts that it wholly owns Boucher Brothers Delray Beach, LLC. However, a parent corporation and a subsidiary corporation are separate legal entities. The Courts in Florida provide that absent some showing of improper conduct fraud or wrongdoing by the parent corporation the corporate veil may not be pierced and thus the parent corporation would not be liable for the subsidiary corporation. On April 28, 2009, Boucher Brothers, LLC responded to Oceanside's Bid Protest by explaining in depth each of the 8 issues and concluded with a recommendation that the bid protest be granted and that the bid be awarded to Oceanside Beach Service, Inc. Ms. Karch stated after the City's response, Boucher Brothers Delray Beach, LLC submitted a Bid Protest dated May 4, 2009 to the City of Delray Beach's Intent to award RFP 2009-18 to Oceanside Beach Service, Inc. Boucher Brothers requested that the Oceanside protest recommendation be reconsidered and either reinstate the selection committee's recommendation on the basis that Oceanside is non-responsive and that Boucher Brothers proposal is in the public's best interest; or that the City reject all bids and rebid this service due to the City's procedural violations. On May 5, 2009, a letter was hand delivered from Oceanside Beach Service, Inc. to Patsy Nadal, City Purchasing Manager, in response to issues raised by Boucher Brothers Delray Beach, LLC regarding past actions against Oceanside. On May 12, 2009, the City of Delray Beach responded to the bid protest filed by Boucher Brothers by addressing the 15 issues that were raised in the protest. Based upon the responses listed in the May 12, 2009 letter to Boucher Brothers Delray Beach, LLC it is recommended that the bid protest filed by Boucher Brothers be denied and that the bid be awarded to Oceanside Beach Service, Inc. At this point, Ms. Karch entered all the files into the record. Mr. Michael Weiner stated he would like clarification on some procedural issues and it was suggested that maybe he would want to proceed first. Mr. Weiner stated he wrote the City Attorney back informing her that was fine as long as they receive the last two minute rebuttal. The City Attorney stated they will receive the first two minute rebuttal and has designated the procedure. Michael Weiner, Attorney with Weiner & Aronson, P.A., 10 S.E. 1St Avenue, Delray Beach, representing Oceanside Beach Services, Inc. entered into the record a copy of the PowerPoint presentation he is presenting today. Mr. Weiner stated his client submitted a bid protest and almost immediately after the protest the Boucher Brothers through their attorney responded with eight pages of analysis and 30 pages of exhibits. He stated the protest by his client was found to have merit and a letter of explanation was issued by the City and it was signed by the Purchasing Manager, approved by the City Manager and the City Attorney. Mr. Weiner stated after the letter of recommendation in their favor, the Boucher Brothers responded with an additional 13 pages and another 42 pages of exhibits. 48 06/02/09 As an accommodation to the Boucher Brothers, Mr. Weiner stated this matter was not heard on May 5, 2009 (no meeting took place on it). He stated additional information and evidence was submitted by his client and another final letter of explanation was issued through the City Attorney's office with respect to all the outstanding issues and it concluded with a recommendation in favor of his client for award of the bid. Mr. Weiner stated Boucher Brothers submitted another 13 pages with 56 pages of exhibits. He stated after this thorough debate his client remains the recommended bidder and he is asking for the award of the contract pursuant to that recommendation and the staff report concurs with that recommendation. Mr. Weiner stated Oceanside did have a hurricane evacuation plan and Boucher Brothers complained that a copy of the Oceanside bid they received was missing 18 pages and they made accusations that this was the fault of the Purchasing Manager and that it might have been conspiratorial. He stated three issues were raised by the Boucher Brothers on which they are wrong. Secondly, Mr. Weiner stated they complained about Mike Novatka's character in a September letter because he failed to pay the City on a percentage basis as with the bid package that was supposedly missing 18 pages, the Boucher Brothers did not have it right. Mr. Weiner stated there never was a percentage contract and Mr. Novatka made all his payments and to date have not received an apology on that letter. Mr. Weiner stated the third mistake is in their attempt to take you from the real issues that are before the Commission they gave the City a reported list of lawsuits against Mr. Novatka. He stated most of what the City was provided is the record for Michael Novatka, Jr. Mr. Weiner urged the Commission to agree with staff and stated there is sufficient information and evidence in the file that allows the Commission to award the contract tonight. Stephanie Toothaker, Esq., Ruden McClosky, 200 E. Broward Blvd., Ste. #1500, Fort Lauderdale, FL 33301, stated they believe that the selection committee chose Boucher Brothers by a significant amount over Oceanside. Ms. Toothaker stated in addition to their uniformed staff they have promised up to $300,000.00 capital investment in new equipment for the City and they provided a detailed hurricane plan. She stated Boucher Brothers has a significant background in the hospitality industry which deals with the beach and also hotels and condominium units in Miami, Dade, Palm Beach County, and Virginia Beach. Ms. Toothaker stated when the Boucher Brothers submitted their bid protest she does not think it is appropriate for them to second guess why the City put a cap on it but the Boucher Brothers did submit a bid that was $85,000.00 higher over the course of three years than the bid that Oceanside submitted. Ms. Toothaker stated after the selection committee meeting every member ranked the Boucher Brothers higher in every single category. Daniel Matlow, Ruden, McClosky, Smith, Schuster & Russell, P.A., entered the following documents into the record: Exhibit #1 -Request for Proposal, Exhibit #2 - Litigation History relating to Oceanside/Novatka, Exhibit #3 -Original Proposal from Oceanside that they received from the City of Delray Beach which does not have 18 pages that they are now told were in the proposal, Exhibit #4 -May 4, 2009 supplement sent from Stephanie Toothaker to the City of Delray Beach. Mr. Matlow stated the other items are already in the backup and handed a copy to the court reporter. Mayor McDuffie asked Mr. Matlow to explain Exhibit #4. Mr. Matlow stated the City asked them to write a response by May 29, 2009 which was the last response from Stephanie Toothaker. 49 06/02/09 Mr. Matlow stated Boucher Brothers was responsive to the RFP and discussed the April 20, 2009 bid protest and the issue that somehow Boucher Brothers is not responsive because Boucher Brothers Management submitted its financial information. The City responded that they are not considering this opinion as legal precedent. Mr. Matlow stated with respect to this being a single purpose fully owned subsidiary Boucher Brothers have been successful forming these single purpose fully owned entities. He this has never been an issue and if someone were to get hurt there is insurance and the money has to pay upfront every quarter and if the City is not getting paid the City can terminate them on thirty days notice with or without cause. Mr. Matlow stated if the City says that the financial statements should not be regarded, the financial information ($l.l million credit line) should be considered. He stated Boucher Brothers is planning to spend up to $300,000.00 on equipment not Oceanside. Mr. Matlow stated Boucher Brothers scored 27 points overall; higher than Oceanside. He stated the City claimed that the references submitted by Boucher Brothers were not responsive. Mr. Matlow reference Exhibit #11 and #12 which shows the corporate membership of who are the officers of these two entities. Mr. Matlow stated Oceanside's proposal was not responsive to the RFP because there were lawsuits that were not disclosed. He stated the hurricane plan was not in their materials and the City provided to them what they said was Oceanside's bid package. Mr. Matlow stated the pages were not numbered and therefore there is no way to know when these 18 pages came into the package. He stated there were questions that were not answered in the questionnaire and after they raised that in their bid protest the answers to the questions somehow became part of the proposal but were not part of the proposal that was given to them earlier by the City pursuant to a public records request. Mr. Matlow stated there are procedural issues that cannot be waived. Ms. Toothaker stated there were a number of technical deviations in the RFP's and the City's process was flawed and procedural violations cannot be waived. She stated in Mr. Weiner's bid protest he raised the concern that the City's selection committee was not duly constituted. In responding to Mr. Weiner's bid protest, the City agreed with him and that they would pick other persons to sit on the selection committee. The past practice has always been that City staff selects members of the evaluation committee and then forward those recommendations to the City Commission to be chosen. Ms. Toothaker stated when the Boucher Brothers filed their bid protest the City decided that they had misspoken in this response to Mr. Weiner's bid protest and that they had omitted language that would have changed the meaning of that sentence. She stated the City's procurement manual points you to the RFP and states that the RFP has to define the way in which a selection committee is going to be appointed. The RFP says that the City will choose the members of the selection committee and the City is defined as the City of Delray Beach and thus the City Commission. Ms. Toothaker stated they believe that the City's selection was not duly constituted and that they violated the Sunshine Law. Therefore, Ms. Toothaker stated they do not believe that the City has any ability to waive those procedural violations and this RFP must be re-bid. Mr. Weiner and Mr. Matlow had no cross-examination. Mayor McDuffie stated if anyone from the public would like to speak in favor or in opposition of the bid protest, to please come forward at this time. 50 06/02/09 Lee Prince, resides in Delray Beach, stated one of the greatest pleasures he has had since he moved here is being a member, a customer, and a client of Oceanside. He stated Oceanside is set up by 8:00 a.m. and the staff is hard working and pleasant. Dr. Victor Kirson, Board President for Tierra Verde at Delray Beach, stated they have a 300 unit condominium which is five minutes from the Atlantic Dunes Beach and has been a member of Oceanside for three years. Dr. Kirson stated approximately 1,000 residents use Atlantic Dunes and he has never heard anything derogatory said about their organization and commented that they are very nice. Steve Jerinko, stated he recently purchased property off Germantown Road, he has been affiliated with Oceanside for four years and has been a member yearly for two years. He stated Oceanside is wonderful and they make everyone feel like one family. He stated he appreciates what they do for him and his family. Cynthia Jerinko, stated part of the reason why they bought a home here recently is 90% due to the way that they have been treated in this town. She her daughter worked at the Marriott for years and most of the customers that came across the street to the beach was due to Oceanside and the way they were treated and the reason they came back to this city. She stated she lived at a beach club for years in New Jersey and she could care less of someone being in a uniform but would rather see someone in beach clothing and asking her about her day. Ken Light, emuloyee with Oceanside Beach Service and resident of Delrav Beach, stated he has run a few companies and worked for many different organizations over the years and has never encountered any other organization that has such a positive relationship with their customers. Mr. Light stated he hears very positive feedback every day on the beach from residents of Delray Beach about what a great relationship they have and feels that this locally owned company is valuable for this community. There being no one else from the public who wished to address the Commission regarding the bid protest, the public hearing was closed. Mr. Weiner gave the following rebuttal: Mr. Weiner stated we have heard the same rehash of arguments which they have attempted to submit in 100 pages to the Commission on three different occasions. He commented about the $300,000.00 and asked who promises this money. Mr. Weiner stated the Boucher Brothers scored better because they fooled the committee in categories such as capitalization, financial ability, and experience because the real bidder did not sign the bid. Mr. Weiner stated there is no evidence on Boucher Brothers Delray Beach, LLC as to experience or capitalization. He stated the vendor before Oceanside, the City had to kick out because they did not make their payments and it does not seem like it would be a good idea to have a shell company. Mr. Weiner stated Boucher Brothers is not liable and not responsible for Boucher Brothers Delray Beach, LLC. 51 06/02/09 Ms. Toothaker stated they did submit a large amount of paperwork to the City of Delray Beach and it is not in the normal course of business that they do such a thing. However, she stated every single one of the letters they wrote was responding to a letter that they received from Mr. Weiner. Ms. Toothaker stated Mr. Weiner had indicated that they were dismissive of City of Delray Beach residents' concerns and this is not the case and was taken out of context. She stated 70% of Boucher Brothers return business in Miami Beach is residents of Miami Beach. Ms. Toothaker stated while they did say that technical deviations in the RFP's can be waived procedural violations cannot be waived. She stated they have not been provided with any case law that proves otherwise and as a result of that they believe that this RFP must be rejected and rebid. Mr. Frankel stated he informed the attorneys for both sides that he had problems with a lot of things in this. He stated both Oceanside and the Boucher Brothers run great operations. He stated since he goes to Delray Beach almost every weekend he went to Fort Lauderdale Beach and checked out the Boucher Brothers operation in fairness. Mr. Frankel thanked the selection committee for doing a great job; however, he has a problem that the Fort Lauderdale Rescue Chief was on the selection committee. He feels that Mr. Weiner has merit in his argument regarding the points. Mr. Frankel stated he went through all the paperwork and noted that the hourly rate and seasonal rate that Oceanside does is beneficial. He stated he sees the service that is provided and believes it benefits residents of Delray and our local communities to have a seasonal rate. He stated on page 39 of the Boucher Brothers package this is not offered. Mr. Frankel stated on page 88 when talking about seasonal rates it opens opportunities for employees to steal and that language stuck out to him in a negative manner. He stated with regard to the equipment he did not see any cushion chairs and there were only chairs with umbrellas. He stated Oceanside offers the single chairs with the umbrellas and the chairs with the cushions. Mr. Frankel stated he does not know about any complaints against the Boucher Brothers but he inquired with staff about Oceanside and in the years that they have been there no complaints have been reported. With regard to service, Mr. Frankel stated it seems like Boucher Brothers has more relations with hotels and he has not heard any evidence or testimony of residents or repeat customers in the locales they serve. He stated about one month ago he went through the Oceanside package and he counted 62 comment cards, 96 Delray local beach reference emails or letters where people are happy with the service they received. Mr. Frankel stated with regard to uniforms he feels Boucher Brothers is superior and when he spoke with Eric Feld he stated that Oceanside needs to be improved on that. Mr. Frankel stated he sees sticks about sea turtles all over the beach and believes there are local volunteers that take care of that. However, he stated he agrees with the representations that the employees are friendly and has witnessed them picking up garbage on the beach. Mr. Frankel stated with regard to the criminal history he went to the Clerk of Court website and he counted approximately ten that related to a Michael Novatka with a September 3, 1985 birthday and it tends to lessen the credibility. He stated Boucher Brothers are trying to portray Mr. Novatka in one way where it is not him. Mr. Frankel stated Fort Lauderdale has a distinct beach that has football, jet skis, and recreation. He stated Delray Beach is distinct in its own way in that it is nice and quiet. Mr. Frankel stated Delray Beach stands apart and feels this is why people enjoy our beach. Mr. Frankel stated for the reasons which he investigated, he supports staff's recommendation to award the bid to Oceanside Beach Service, Inc. 52 06/02/09 Mr. Bernard stated he kept going back to the towing contract because in the towing contract one of the bidders submitted information on another company and the Commission was very specific in terms of how they voted because they provided the wrong information. He stated in this situation the Boucher Brothers provided information for their "sub" corporation and asked if it is standard practice to provide information about a "sub" corporation. Ms. Toothaker stated in every municipality that the Boucher Brothers has submitted a response to a bid they have submitted as a sub corporation and the reason being is the Boucher Brothers started in Miami Beach. She stated the way that contract is set up is the City of Miami Beach has constant access to the Boucher Brothers books and records because they take a percentage of the profits that Boucher Brothers makes on the beach. The way the Boucher Brothers is able to distinguish Miami Beach, Virginia Beach, Fort Lauderdale Beach, and Delray Beach and other beaches that they do is by having separate corporations with separate books and records. Mr. Bernard stated if the City is going to accept these bids then whoever bids needs to stand behind their bid. He asked if it is standard practice to provide information about a "sub" corporation and does the City hold the parent company liable. He stated if it is Boucher Brothers Delray Beach, LLC you have to provide the information for the Boucher Brothers Delray Beach, LLC in order to be consistent. Therefore, Mr. Bernard stated he will support staff's recommendation to award the bid to Oceanside Beach Service, Inc. Mr. Fetzer stated there were irregularities on both sides and expressed concern over the sub corporation. He too will support staff's recommendation to award the bid to Oceanside Beach Service, Inc. Mr. Eliopoulos expressed concern over the inconsistencies and asked if the Sunshine Laws were broken. He inquired about the 18 missing pages. Mr. Shutt stated the package he received from Purchasing was the whole package and staff informed him that everything that was provided to him was also provided to Boucher Brothers. Mr. Shutt stated when he sent it to them it was a very short time after that. The City Attorney clarified with Mr. Shutt that the 18 pages were not missing the second time he sent the bid package which was in a week or so. Mr. Shutt stated he believes it was within a short period of time after that. With regard to the Sunshine Law, Mr. Shutt disagrees with Boucher Brothers counsel and feels it shows that the selection committee members were on a fact finding tour and it was okay and that there was not a Sunshine Law violation. Mr. Eliopoulos inquired about the selection committee and with regards to the issue of turtles and asked if the State law states that you have to remove furniture away from the beach. In response, Bob Taylor, Ocean Rescue Superintendent, stated he contacted the State and knows how Oceanside has been storing their equipment. He stated things need to be put up and if a turtle comes up on the beach you cannot impede the turtle from nesting so things get pushed to the back of the dune or stacked up. The City of Delray Beach has a private contractor that does the turtle nesting surveys. Mr. Eliopoulos stated this is like the towing contract where we have a group that has submitted a bid to the City under two separate companies. Mayor McDuffie stated there was a statement that the committee was not properly constituted and we made that admission for one protest and then we changed our position that the committee was properly constituted for the second protest. Brian Shutt, Assistant City Attorney, stated he does not think there was a change in position but believes it was just leaving out the 53 06/02/09 word "not". Mr. Shutt stated the City's position was always the same in that City staff always selects who is on the selection committee and there is not a requirement that he is aware of that the City Commission has to say that these are selection committee members. The City Manager stated he cannot recall an instance where City staff has ever come before the City Commission and asked them to approve a selection committee of this sort. Mayor McDuffie inquired about the statement by Ms. Toothaker that "these represent procedural violations and cannot be waived." Mr. Shutt stated he does not view them as procedural violations. The City Attorney concurs with Mr. Shutt. Mayor McDuffie stated with regard to the towing contract, the City held steadfast that we would deal with only the company that answered the RFP and we would not consider any assets, services, or background of some other company other than the one who actually submitted the RFP. Mayor McDuffie stated for the Commission to remain transparent and consistent he would agree with staff's appraisal of that situation that we are not dealing with the same company and therefore he supports staff's recommendation to stay with Oceanside. The City Attorney briefly reviewed the Board Order with the Commission who made findings according to their consensus (attached hereto is a copy and made an official part of the minutes). Mr. Eliopoulos moved to adopt the Board Order as presented (denying the bid protest by Boucher Brothers and awarding the bid to Oceanside), seconded by Mr. Fetzer. Upon roll call the Commission voted as follows: Mayor McDuffie -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. Frankel -Yes; Mr. Bernard -Yes. Said motion passed with a 5 to 0 vote. 9.C. AGREEMENT/COMPUTERWORX, INC.: Consider approval of a Consulting Agreement between the City and ComputerWorx, Inc., for computer software development for the Green Task Force online bulletin board meetings. The City Attorney stated this is a consultant agreement for the Workshop online meeting software. The Request for Proposal (RFP) did retain the requirement that the City could actually sell the software. At this point, the City Attorney stated the vendor has come back and said they will sell the City the right to the materials but we could not use it for any other agency. Therefore, the City would have it but we could not sell it and this is contrary to the intent that the City had going forward. Mr. Fetzer asked if the City Attorney sees a problem at this point to go back and asking ComputerWorx, Inc. if they will honor their original RFP. In response, Ms. Pyburn stated the City has already requested that of them and they have said that they will not sign the agreement so long as they have to agree to allow the City the ability to sell the software. The City Attorney stated we have not put it forward to ComputerWorx in the strongest terms possible that their RFP that they responded to indicated that they would let the City do that. She stated if the direction of the Commission is that we give that another try staff will do that. Mayor McDuffie stated he believes that from the day that ComputerWorx did this they bit off more than they could chew. 54 06/02/09 He stated the price was so insanely low that there was no possible way that they could make a profit and then turn around and allow the City to resell their product. Ms. Pyburn pointed out that this was not a formal RFP and stated this was just a request by letter because the City was requesting special services. She stated staff has requested ComputerWorx multiple times to fulfill the requirements of the agreement that they had an advanced copy of prior to agreeing to submit their proposal prior to the City Commission Meeting where it was approved. It was the consensus of the Commission to direct the City Attorney to go back to ComputerWorx and talk to them one more time. 9.D. AMENDMENT NO. 2/MATCH POINT, INC.: Consider approval of Amendment No. 2 to the amended and restated agreement between the City and Match Point, Inc. which provides that the City shall be a Co-Title Sponsor for the ATP Champions Tour, which shall beheld concurrently with the ATP World Tour. Brian Shutt, Assistant City Attorney, stated Match Point, Inc. has requested an amendment to the Match Point Agreement. Mr. Shutt stated Match Point would like to bring an ATP Champions Tour Event to the City and the term would coincide with the remaining term that is left on the original Match Point Agreement which means it would expire in 2030. He stated some of the highlights of the agreement are that the City would be a Co-Title Sponsor for the ATP Champions Tour Event in the City. One of the changes made to the agreement is that Match Point will be providing $200,000.00 for player appearance fees and with regard to the fees that the City will be paying, Match Point has requested a 10% administrative fee that would apply to the sponsorships that are listed in the Match Point Agreement. Mr. Shutt stated Match Point has also requested to be compensated for the 2009 event that just occurred (10% of $175,000.00 = $17,500.00). He stated the payments start out at $375,000.00 for the 2010 event and the event will take place in February and will run concurrently with the regular event that Match Point has now. Mr. Shutt stated the City would not make the payment of $375,000.00 until October 1, 2010. He stated Match Point has requested a $10,000.00 payment to be paid in March 1, 2010. Mr. Shutt stated the annual payments that the City would be paying will go up 3% annually. He stated the other provision provides a "catch up" provision where the City can start paying Match Point in advance and the City would be paying ~/4 installments each year for the next four years by January 15t~ so the first payment would be January 15, 2011, 2012, 2013, and 2014. Mr. Shutt stated for the 2015 event the City would be paying Match Point $375,000.00 as far as it has been raised 3% and at that point the City would start paying November 1st, December 1st, January 1st, and February 1st for the February event. Mark Baron stated they would like to bring an ATP Champions Tour Event to the City of Delray Beach. He stated the ATP Champions Tour is in Europe and other places in the world and is now coming to the United States of America. Mr. Baron stated Match Point has received the sanction for this event and they have rights for the entire southeast United States. He stated there will be five others coming to the United States which will be notified publicly in about a day or two. Mr. Baron stated based on what Match Point has done so far and based on studies done by the City this event will have an economic impact of approximately $12 million over a period of nine days. 55 06/02/09 He stated he and his staff went to the businesses in the area besides bringing the economic impact to the City, he feels that they also bring an ATP Tour Event and an ATP Tour Champions Event held at one time over a nine day period. Mr. Baron stated the marketing media that will come from this will be one of the biggest things he has done to date. The ATP Champions Event is in countries of China, Barcelona, London, Zurich, Paris, Sampalo, Italy, Austria, Portugal, and Hungary. He stated it will bring players to the City such as John McEnroe, Pete Sampras, Andre Agassi, Borg, Veelander, and Courier. Mr. Baron stated he is hopeful that this will be the biggest event that they have ever done in the 19 years that they have been doing this. Mr. Eliopoulos stated this is a great concept and he would love for this event to come to Delray Beach; however, he was not aware of the associated costs of what it is going to take. Mr. Eliopoulos stated it is difficult to make a decision on this kind of spending with the unknowns regarding the upcoming budget year. He suggested that the Budget Task Force review this. Mr. Fetzer concurs with comments expressed by Mr. Eliopoulos. He stated he would like to give this some more thought before finalization. Mr. Bernard stated if the City wanted to hold the event in 2010 how quickly would Mr. Baron would need a response from the Commission. In response, Mr. Baron stated the event will cost approximately $800,000.00-$900,000.00 to have the event here. He stated the sponsorship or the funds needed for the City being the Co-Title of the event for 2010 in February, Match Point would come up with the funds for the City as a credit line in lieu of having it budgeted in the next fiscal year for the City. Mr. Baron stated Match Point has 60 days to decide where the event is going to be (June 23, 2009). He stated it is much less for them to hold the event here because they already have the site set up. Mr. Bernard asked when the Budget Task Force will be meeting again. Peter Arts, member of the Budget Task Force, stated the Budget Task Force will be meeting on June 16, 2009 at 8:30 a.m. Mr. Frankel stated he met with Mr. Baron and he made it a very persuasive argument. He stated during the regular tournament which he has never attended he sees the impact that it has at the restaurants and the shops. Mr. Frankel expressed concern over the length of time (20 years) and the money. However, he feels it would be an amazing opportunity for Delray Beach because we would be the only venue in the world that would have a Champions Tour and an ATP Tour back-to-back. Mr. Frankel suggested that the Commission table this item and have the Budget Task Force review this and report back to the Commission in two weeks. Mayor McDuffie stated the City has gotten beaten up more than once regarding the expenditures at the Tennis Center. He stated the City has the asset and the tennis center is underutilized. Mayor McDuffie stated Mr. Baron made some proposals of being able to do changes to the stadium which would allow other venues that we have all been talking about for years to be held there and this appeals to something the Commission has discussed in the Goal Setting sessions. 56 06/02/09 Mayor McDuffie stated the City is looking at thinking out of the box and using assets of the City that do not get used to the extent that they should in ways that we can benefit the City itself plus the residents of the City of Delray Beach. Mayor McDuffie stated the City is going to take a 14.65% hit in ad valorem taxable value decline. Mr. Baron stated there are going to be five more of these events in the United States through Canada (20 throughout the world). The City Manager stated if the City was able to sell the sponsorships we have it would more than offset the costs. Mr. Baron stated IMG is paid by the ATP World Tour to manage the ATP Champions Tour. Mr. Shutt stated the reason the IMG Agreement is not before the Commission tonight is because staff is still going back and forth in negotiations. Peter Arts, (member of the Budget Task Force and Treasurer of the CRA), stated the $17,500.00 that is proposed from the CRA is not what the Budget Task Force voted for. Mr. Arts stated the Budget Task Force voted to sponsor the Tennis Center and in his mind they did not vote on the 10% of the $17,500.00. He stated it was for the Diamond sponsor but there is no mention of this new agreement coming out. Mr. Arts stated a compelling presentation on the RLI would need to be made to the group. At this point, the time being 1:45 a.m., the Commission moved to First Readings. 12. FIRST READINGS: 12.A. ORDINANCE NO 31-09: Consider acity-initiated amendment to Chapter 35, "Employees Policies and Benefits", subheading "Retirement Plan", of the Code of Ordinances of the City of Delray Beach, Florida, by amending Section 35.097, "Retirement Income; Basis, Amount, and Payment"; amending Section 35.100, "Beneficiaries; Contingencies". If passed, a public hearing will be held on June 16, 2009. The caption of Ordinance No. 31-09 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 35, "EMPLOYEES POLICIES AND BENEFITS", SUBHEADING "RETIREMENT PLAN", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDNG SECTION 35.097, "RETIREMENT INCOME; BASIS, AMOUNT, AND PAYMENT"; AMENDING SECTION 35.100, "BENEFICIARIES; CONTINGENCIES"; PROVIDING A GENERAL REPEALER CLAUSE; A VALIDITY CLAUSE; AND AN EFFECTNE DATE. 57 06/02/09 (The official copy of Ordinance No. 31-09 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance and stated this ordinance mirrors what the City has done for the Police and Fire as to the "pop-up" feature. Mr. Fetzer moved to approve Ordinance No. 31-09 on FIRST Reading, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. Frankel -Yes; Mr. Bernard -Yes; Mayor McDuffie -Yes. Said motion passed with a 5 to 0 vote. 13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS. 13.A. City Manager The City Manager stated it is his understanding that prior to the Election of 1990 City Commission meetings frequently ran into wee hours of the morning and after that Election based on the experience prior to that date is when the Commission set the 11:00 p.m. hour. He suggested that the Commission may want to bear in mind that in the future if they get into a situation where they have a lot of decision making after the 11:00 p.m. hour, they may want to adjourn the meeting and reconvene the next day. 13.B. City Attorney The City Attorney stated this is the last regular meeting of her career and tonight's meeting was a pleasure and a record. 13.C. City Commission 13.C.1. Mr. Fetzer Mr. Fetzer had no comments and inquiries on Non-Agenda Items. 13.C.2. Mr. Eliopoulos Mr. Eliopoulos had no comments and inquiries on Non-Agenda Items. 13.C.3. Mr. Frankel Mr. Frankel had no comments and inquiries on Non-Agenda Items. 13.C.4. Mr. Bernard Mr. Bernard had no comments and inquiries on Non-Agenda Items. 13.C.5. Mayor McDuffie Mayor McDuffie had no comments and inquiries on Non-Agenda Items. 58 06/02/09 There being no further business, Mayor McDuffie declared the meeting adjourned at 1:48 p.m. City Clerk ATTEST: MAYOR The undersigned is the City Clerk of the City of Delray Beach, Florida, and the information provided herein is the Minutes of the Regular City Commission Meeting held on June 2, 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. 59 06/02/09 FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS LAST NAME---FIRST NAME-MIDDLE NAME NAME DF BOARD, COUNCIL, COMMISSION, AUTHORITY, OR COMMITTEE Bernard, Mackenson Delra Beach it MAILING ADDRESS THE 80AR0, COUNCIL, COMMISSION, AUTHORITY 6R COMMITTEE 6N 1534 Fenton Drive WHICH I SERVE Is A UNIT oF: CITY COUNTY CITY ^ COUNTY ^ OTHER LOCAL AGENCY Delray Beach, Florida 33445 Palm Beach NAME OF POLITICAL SUBDIVISION: C~ t of Delra Beach . DATE ON WHICH VOTE OCCURRED MY POSITION 15: 6~Z~ZOO9 $~ELEGTIVE C] APPOINTIVE WHO MUST FILE FORM 8B This form is for use by any person serving at the county, city, or other local level of government an an appointed or elected board, council, commission, authority, or committee. It applies equally to members of advisory and non-advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. Ycur responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention ko the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION '112.3143, FLORIDA STATUTES A person holding elective nr appointive cnunfy, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his or her special private gain ar lass. Fach elected or appointed local officer also is prohibited from knowingly voting on a mea- sure which inures to the special gain nr loss of a principal (other than a government agency) by wham he or she is retained (including the parent organization or subsidiary of a corporate principal by which he or she is retained); to the special private gain or lass of a relative; or to the special private gain or lass of a business associate. Commissioners of community redevelopment agencies under Sen. 163.356 or 163.357, F.S., and officers of independent special tax districts elected on a one-acre, one-vote basis are not prohibited from voting in that capacity. For purposes of this law, a "relative" includes only the officers father, mother, son, daughter, husband, wife, brother, sister, father-in-law, mother-in-law, son-in-law, and daughter-in-law. A "business associate" means any person or entity engaged in or carrying on a business enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation are not listed on any national or regional stock exchange). ELECTED OFFICERS: In addition to abstaining from voting in the situations described above, you must d'ISClose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by comploting and filing this form with the person responsible for recording the min- utes of the meeting, who should incorporate the form in the minutes, APPOINTED OFFICERS: AI#haugh you must abstain from voting in the situations doscribed above, you otherwise may participate in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made by you or at your direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: • You must complete and fife this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the farm in the minutes. (Continued on other side) CE FORM 8B - EFF. 1I2DDD Item $. C = Item 9.A.A. PAGE 1 APPOINTED OFFICERS (continued} • A copy of the form must be provided immediately to the other members of the agency. • The form must be read publicly at the next meeting after the form is fried. IF YOU MAKE NO ATTEMPT TO INFWFNCE TFIE DECISION EXCI=PT BY BISCUSSION AT THE MEETING: • You mus# disclose orally the nature of your conflict in the measure before participating. • You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording fhe minutes of the meeting, who must incorporate the form in the minutes. A copy of the form must bs provided immediately to the other members of the agency, and the form must be read publicly at the next meeting after the form is fled. DISCLOSURE OF LOCAL OFFICER'S INTEREST I i+fatkenson Bernard.:.- ,hereby disclose that on June 2 , 2D 09 (a) A measure carne or will come before my agency which (check one) ~ inured to my special private gain or loss; ____ inured to the special gain or loss of my business associate, ; inured to the special gain or lass of my relative, ; inured to the special gain or loss of , by wham I am retained; or inured to the speciaE gain or loss of ,which is the parent organization or subsidiary of a principal which has retained me. ', (b) The measure before my agency and the nature of my conflicting interest in the measure is as follows: NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $1D,DD0. cE FoRM ag - EFF. ~~zooo PAGE z SPECIAL/WORKSHOP MEETING June 9, 2009 A Special/Workshop Meeting of the CitS~ Commission of the City of Delra~~ Beach, Florida, was called to order b~~ Ma~~or Nelson S. McDuffie in the First Floor Conference Room at City Hall at 6:00 p.m., on Tuesday, June 9, 2009. Roll call showed: Present - Commissioner Gary P. Eliopoulos Commissioner Fred B. Fetzer Commissioner Adam Frankel Commissioner Mackenson Bernard Ma~~or Nelson S. McDuffie Also present were - David T. Harden, City Manager Susan A. Rube, CitS~ Attorne~~ Chevelle D. Nubin, CitS~ Clerk Mayor Nelson S. McDuffie called the special meeting to order and announced that it had been called for the purpose of considering the following Item: SPECIAL MEETING AGENDA 1. TERMS OF EMPLOYMENT FOR THE CITY ATTORNEY: Consider the terms and conditions of emplo~~ment for the City Attorne~~. Mr. Fetzer stated that he and Brian Shutt, Assistant CitS~ Attorne~~, discussed the contract regarding the terms and conditions of emplo~~ment. In addition, he stated an~~ realignment of the duties of Terrill P~~burn, Assistant City Attorne~~ or Catherine Kozol, Police Legal Advisor that would require a salary adjustment should be taken care of during the budget process. Mr. Bernard stated since the contract would be effective on June 16, 2009, the annual review should be done August 2010 instead of August 2009. Mr. Frankel stated he wanted the other attorne~~s to be compensated fairl~~ if their responsibilities increased. Mr. Eliopoulos commented that he spoke with Mr. Shutt regarding the contract and suggested that the offer should be handled during the current budget. He also stated that Mr. Shutt should get a raise with his promotion. Ma~~or McDuffie stated that his questions were addressed. He briefl~~ discussed the salary surve~~ for the CitS~ Attorne~~'s position. Mr. Fetzer suggested a promotional increase of X124,100. Mr. Bernard suggested X125,000. -1- June 9, 2009 Mr. Fetzer moved to approve the contract in the amount of X125,000.00 with the removal of the annual review in August 2009, seconded b~~ Mr. Eliopoulos. Upon roll call, the Commission voted as follows: Mr. Fetzer -Yes; Mr. Frankel -Yes; Mr. Bernard -Yes; Ma~~or McDuffie -Yes; Mr. Eliopoulos -Yes. Said motion passed 5-0. 2. AGREEMENT/WORKFORCE ALLIANCE, INC./SUMMER YOUTH EMPLOYMENT PROGRAM (SYEP~: Consider an Agreement between the City and Workforce Alliance, Inc., to participate in the Summer Youth Emplo~~ment Program (SYEP), which is full~~ supported b~~ Federal Stimulus funding (ARRA). Funding will be provided through the American Recovery and Reinvestment Act of 2009 (ARRA), Workforce Investment Act Eligible Youth and Adult Participants. Richard Reade, Interim Public Information Officer, presented this item. He stated that the Summer Youth Emplo~~ment Program (SYEP) is funded through stimulus funds and that it would be a great opportunity to support our local ~~outh between the ages of 18- 24 at no cost and provide them with work experience and skills. It would also help to drive economic growth and recovery in the CitS~ and Palm Beach County. He stated that the agreement had been reviewed by staff and the City wanted to hire twenty-seven (27) emplo~~ees. Mr. Eliopoulos moved to approve the agreement with Workforce Alliance, Inc., for the Summer Youth Emplo~~ment Program (SYEP), seconded b~~ Mr. Frankel. Upon roll call, the Commission voted as follows: Mr. Frankel -Yes; Mr. Bernard -Yes; Ma~~or McDuffie -Yes; Mr. Eliopoulos; Mr. Fetzer -Yes. Said motion passed 5-0. Mr. David T. Harden, CitS~ Manager, discussed the city's efforts regarding the Workforce Alliance extending this to include local governments. Mayor McDuffie adjourned the Special Meeting at 6:14 p.m. WORKSHOPAGENDA 1. Police and Firefighters Retirement System Presentation Mr. Charles Jeroloman, Chair of the Police and Firefighters Retirement S~~stem presented this item. Mr. Jeroloman introduced Brad Heinrichs of Foster & Foster and Mike Welker of Bogdahn Consulting. Mr. Jeroloman gave an overview on mone~~ management, investments, and the terms of trustees going from two (2) to four (4) ~~ears. Mr. Jeroloman discussed benefit increases, historical returns and pension plans. He stated that the pension plan had not been exposed to Madoff, Sanford, sub-primes and/or junk bonds. Mr. Welker discussed their involvement since being hired in 2006. He went over the Portfolio Performance Review and Investment Strategy, discussed bonds and diversification. Mr. Jeroloman also discussed "TIMBER" as well as Corporate Inflated Protection Securities (GIPS) and Treasury Inflated Protection Securities (TIPS) portfolios. Mr. Heinrichs discussed the increase in the City's contribution rate for investment and returns. He stated that the CitS~'s recentl~~ increased funding requirements from 31.8% to 38.7% are due to last ~~ear's unanticipated investment performance. He also discussed the Five (5) Year Projection Report Assumptions and the Actuarial Valuation Report. -2- June 9, 2009 Mr. Fetzer asked when the contribution rate of 31.7% to 38.7% would be in effect. Mr. Heinrichs stated it would become effective October 1, 2009. David T. Harden, City Manager, stated that historically the actuaries had given the City a dollar amount that had to be contributed. This ~~ear the Division of Retirement asked them to give the CitS~ a percentage, which created budget problems for the City. The City coordinated with the Division of Retirement to get them to change their position. Mr. Eliopoulos asked what the number was for increased salary. Mr. Heinrichs stated it was 6.25%. Mr. Bernard asked about the five (5) year projection and what would happen if the market changed and things got better. Mr. Heinrichs stated that hopefull~~ there would be an upswing over a five (5) ~~ear period. He stated investment returns over and above the assumed rate of 8.3% would cause the City's contribution requirements to decrease eventuall~~. The investment rate returns less 8.3% would cause the CitS~'s requirements to increase eventuall~~ over the next five (5) ~~ears. Mr. Frankel recognized Assistant City Manager Douglas Smith and Inspector Lieutenant Jim Tabeek who also serve on this board. He complimented all of the members on the board. Ma~~or McDuffie asked how the mortgage worked with rates going up and down. Mr. Smith asked Mr. Heinrichs to give a summary of the five (5) ~~ear projection of pension costs. Mr. Heinrichs gave a brief overview of the five (5) ~~ear projection of pension costs. 2. Presentation of the Beach Property Owners Association (BPOA) Beach Master Plan And~~ Katz, Beach Property Owners Association (BPOA), distributed handouts and introduced Mary Renault, President of the BPOA and Board Member Bob Currie. Mr. Katz gave a PowerPoint presentation and discussed the elements to be addressed on the design and landscaping, etc. of the proposed Beach Area Master Plan. He stated he would like to establish an official plan for the beach. The beach area needed to be polished in some areas but still maintain a natural feel. Mr. Frankel stated it was a good idea and he supported doing this. Mr. Bernard stated that he believed we should move forward with this plan. He discussed beach renourishment and beach concession. Mr. Eliopoulos stated charities and getting people involved would be a great start. Mr. Fetzer discussed ongoing maintenance costs and capital expenses. He stated he is supportive of the idea and believes the CitS~ should be able to provide support to the charities. Ma~~or McDuffie inquired about the restrictions and what would be the impact with naming it a park. He is in support of the idea. -3- June 9, 2009 Mr. Currie stated the beach is the most important "park" in town and the BPOA would like to create a plan for the beach. 3. Presentation of Concept Design Plans for Martin Luther King, Tr. Drive Alberta McCarthy, Alberta & Associates Consulting, presented this item. Ms. McCarthy conducted a PowerPoint presentation that gave an overview of the project. She stated this project would be done in phases. Ms. McCarthy discussed landscaping, corridor design and commemorative features that would be laid strategically. She talked about the budget for this project and announced it would be over a three (3) to four (4) year period. Ms. McCarthy discussed her proposed timeline for the project with groundbreaking on January 18, 2010 (Martin Luther King, Jr. Day). Mr. Eliopoulos thanked the Committee for a great job and requested that any kind of green elements be done; he also approved of the crosswalks. Mr. Bernard asked how crime was addressed. Ms. McCarthy explained she brought in pictures of other Martin Luther King, Jr. drives, streets, etc., from other cities and states. She stated she discussed this in relation to "Clean & Safe". She advised the biggest concern was inadequate lighting and other ways crime was addressed. Mr. Bernard stated he supports the project and questioned how it was budgeted. If it fits in the budget, then the project should move forward. Mr. Eliopoulos talked about lighting and safety in the area. Mr. Fetzer thanked Ms. McCarthy, the Committee, Community Redevelopment Agency (CRA) and staff for their involvement in the project. Mayor McDuffie asked what budgeting dollars are identified right now. Lula Butler, Director of Community Improvement, advised there is X3.6 million budgeted. Mayor McDuffie discussed safety and a mural on the wall. He thanked Ms. McCarthy and the Committee for a great job and project. Mr. Frankel thanked Ms. McCarthy for their work and stated it was great. Ms. McCarthy thanked Sharon Koskoff and Old School Square for their assistance and spoke briefly about the Martin Luther King, Jr. event. 4. Auburn Group Development Update Mr. Bernard disclosed his prior relationship with the Auburn Group from 2006 June 2008. He gave an overview of his employment and his termination of employment. He stated he retrieved a formal ethics opinion (CEO 09-9) dated April 27, 2009 from the Ethics Commission, and discussed a summary of the opinion. Mr. Bernard stated based on the report he would not participate in the discussion or deliberations, and left the dais at 7:55 p.m. since this was the last agenda item. Allan Schnier, Consultant for Affordable Housing, introduced this item and Orlando Cabrera, Esq. He discussed the accomplishments of Mr. Cabrera and informed the Commission that he would be the moderator for the evening. -4- June 9, 2009 Mr. Cabrera did a presentation on housing policies and the affordable housing market and provided a handout to the Commission. He advised amixed-income development would make it hard to get financial partners. Mr. Cabrera discussed the pros of tax credits. He advised it is extremely difficult nationwide to sell anything contemplating anything other than 100% affordable housing units in today's market. Mr. Schnier briefly discussed the three (3) eras of the tax credit program. Chris Roog, Director of Government Affairs did a presentation on the economic advantages of a tax credit. He discussed the handout given to the Commission on Building Permits and construction costs. Mr. Roog also discussed job creation based on information provided to him by the National Association of Home Builders (NAHB). He advised a single family home creates an average 1.84 jobs and 0.9 jobs for an average multi family unit. Mr. Roog stated that the City has generated approximately 200 jobs from January -April. Mr. Roog also distributed the handout, "The Local Impact of Home Building in a Typical Metropolitan Area", to the Commission. Mr. Schnier briefly discussed the ripple effect of affordable housing. He also stated the income target is from X28,000.00-X52,000.00 based on family size. He introduced Chip Reid, Chief Executive Officer (CEO) and Bob Schnurman, Sr., Vice President of Current Builders. Mr. Reid discussed job creations in the local workforce. He gave an overview of the company, Current Builders and their association with Leadership in Energy and Environmental Design (LEED) certifications. Mr. Schnier introduced Art O'Brien, a member on the board of People Engaged and Active Community Efforts (PEACE). Mr. O'Brien talked about some of his concerns of the community with affordable housing. He stated the goal of the Affordable Housing Committee of PEACE is to found a trust fund with a dedicated source of revenue and to ensure the funds are spent in an efficient manner to provide affordable housing in Palm Beach County. He gave a summary of the recommendations. Mr. Schnier introduced Suzanne Cabrera, Chief Executive Officer and President of Housing Leadership Council of Palm Beach CountS~. He stated there is a need for 14,000 affordable housing units in Palm Beach County at this time. Ms. Cabrera stated that due to foreclosures, the need for affordable housing rental units has greatly increased. Ms. Cabrera stated that 38% of their units are over thirty (30) years old. She advised since we are a service economy, those are the jobs that have to be supported. Mr. Schnier requested policy direction that works with Florida Housing Finance. Mr. Frankel stated the presentation was wonderful; the presenters were well qualified. He asked for an update on the Village at Delray project. He wanted to know the outcome of the mediation that was scheduled the previous week. Mr. Cabrera stated there was mediation last week and there was an impasse, however, Auburn Group is proceeding with cooperating on the application for the capital fund competitive program. He explained detailed information cannot be given, it is not evidentiary and the meeting is being recorded. However, there was an offer and a counter offer and another offer presented. Mr. Cabrera clarified Ms. Cabrera's statistics that were presented earlier on the people that qualified- it was median wage income that was used instead of minimum. -5- June 9, 2009 Mr. Eliopoulos asked what is being requested of staff specifically. He asked for clarification on his understanding that the project would be low income to get the tax credit instead of mixed income. Mr. Schnier stated a policy that would allow developers to come in and build affordable housing is being requested. Mr. David T. Harden, City Manager, discussed his perception of what was being asked of Commission. He advised that the City could wait on the market to improve and support their original vision of a mixed income community or support the low income housing that Auburn Group has proposed. Mrs. Susan Ruby, City Attorney, stated that the Conditional Use that was granted for this project was based on a mixed-use project. Mrs. Ruby discussed if there was a change to the project, then the conditional use would have to be changed. In addition, there are planning issues with the Comprehensive Plan. Mr. Eliopoulos thanked the Auburn Group for their presentation. He acknowledged that the dynamics have changed in the market; however, the vision of a mixed income community should not be changed. Instead adjustments should be made to get through with the project. He would only support mixed-income, which was the original vision. Michael Weiner, Attorney with Weiner, Aronson & Mankoff, P.A., discussed Mrs. Ruby's statement and the project. He advised Commission to keep their vision of the community, but would recommend getting one great project started. Mr. Harden discussed the accommodation of affordable housing in Delray Beach. Mr. Fetzer stated that he concurred with Mr. Eliopoulos and he supported standing by the original vision of a mixed income community. Mayor McDuffie asked if impasse is for a project or the Master Development Agreement. Mr. Cabrera questioned their understanding of mixed income. Mr. Eliopoulos questioned what it meant when Auburn Group responded to the RFP. Mr. Cabrera explained the RFP as it was drafted at that time at the height of the market it would have been an unlikely deal to do in Florida. Mr. Eliopoulos asked why Auburn Group responded to the RFP. He explained his understanding of mixed income. Mr. Schnier discussed the policy that addresses the affordability of housing in Delray Beach. Cito Berguiristan, First Vice President of Auburn Trace Development, LLC., discussed the proposed use of the original project site, which encompasses approximately seventy (70) acres. Mr. Schnier advised that nothing would change with respect to the quality of the buildings and the site plan. The only difference would be that there would be people of a different income level than what was originally anticipated. -6- June 9, 2009 Mr. Harden advised that if Auburn Group does not follow through with what was originally agreed to on the conditional use with regards to some units being at market rate and some below market rate, then the site plan would need to be re-opened and re-examined to see if the waivers are still appropriate. Mr. Eliopoulos advised that the hurdle with Delray Beach Housing Authority has to be resolved. Mayor McDuffie asked Mr. Berguiristan, beyond the eleven (11) acres, what makes things viable then for mixed income that are not viable now. Mr. Cabrera asked Dorothy Ellington, Director of the Delray Beach Housing Authority, how comfortable was she in discussing mixed income. Mrs. Ellington stated she is not comfortable with the conversation, this is not her meeting and it is not appropriate. Mrs. Ruby advised this is not a question and answer period; it is a Commission meeting that the Auburn Group was invited to attend. Mr. Berguiristan stated it is possible to do the balance of the site in a different aspect because it would most likely be for sale at some future point when the market recuperates. He discussed the different programs offered to accommodate the mixing of incomes. He also stated that Florida Housing must approve of the redevelopment. Mr. Berguiristan apologized for an~rthing that was done by him or the Auburn Group that was aggressive or offensive in the process. Mayor McDuffie suggested all parties get together and come to an agreement to get the project done with no special privileges to anyone. Mr. Frankel stated that the plan was not clear to Commission and it needed to be brought out. Mr. Eliopoulos advised his vision had not changed. Mayor McDuffie adjourned the Workshop Meeting at 9:41 p.m. City Clerk ATTEST: MAYOR -7- June 9, 2009 The undersigned is the CitS~ Clerk of the CitS~ of Delray Beach, Florida, and the information provided herein is the Minutes of the Special/Workshop Meeting of the City Commission held on Tuesday, June 9, 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 amendments, additions or deletions to the Minutes as set forth above. -8- June 9, 2009 Delray Beach, Florida- Delray Beach Fire-Rescue Chief David C. James is commending two Good Samaritans, Luca Carucci and David D'Eugenio, as well as one of our own paramedics, Brian Pollack, for rescuing a woman from a burning car. On June 15, 2009, Mr. Carucci and Mr. D'Eugenio witnessed a 2007 Lexus traveling the wrong way on Linton Boulevard. Witnesses stated that the motorist continued to drive into oncoming traffic even though the vehicle collided with a traffic sign and a fire had ignited. The burning vehicle finally came to a halt at the intersection of Linton and Military Trail but the driver did not emerge. Nearby motorists Mr. Carucci and Mr. D'Eugenio stopped when they realized someone was still inside the car. Risking their own lives, these Good Samaritans raced to the fiery vehicle. All doors were locked but the driver could be seen securely fastened in her seatbelt. As onlookers watched, these "heroes" struggled to break a window to rescue the victim and were able to pull her to safety. Off duty Delray Beach Fire-Rescue Paramedic Brian Pollack was also driving in the vicinity and immediately took action. Assisting Mr. Carucci and Mr. D'Eugenio, he supported the victim to protect her neck and spine from further injury and provided patient care until Fire-Rescue arrived on scene to transport her to the hospital. Paramedic Pollack stated, "I truly believe through the actions of those two guys and the help of the others that this lady has another chance at life." Hearing the news of this amazing rescue, Chief James will be issuing a "Life-Saving" Award to Mr. Luca Carucci, Mr. David D'Eugenio and Paramedic Brian Pollack for their outstanding efforts to save a life. The presentation will take place at the Delray Beach City Commission Meeting on July 7, 2009 in City Hall Commission Chambers at 6:00 pm. The patient's children Mr. Robert Katz and her daughter Sharron Byrne are expected to attend this presentation that will honor the "Hero's" who rescued their mom from the burning car. MEMORANDUM TO: Mayor and City Commissioners FROM: Richard C. Hasko, P.E., Environmental Services Director THROUGH: David T. Harden, City Manager DATE: June 26, 2009 SUBJECT: AGENDA ITEM 8.A. -REGULAR COMMISSION MEETING OF .TULY 7, 2009 SERVICE AUTHORIZATION N0.03-04/KIMLEY-HORN ASSOCIATES ITEM BEFORE COMMISSION Staff requests Commission approval of Service Authorization #3.4 to Kimley-Horn Associates in the amount of $33,000 for preparation of a waste relocation plan, combustible gas evaluation and final summary report for the relocation of landfill debris within the footprint of the former landfill site within Miller Park. BACKGROUND In efforts to reduce the cost of handling the unanticipated excessive volumes of landfill debris encountered on the Miller Park construction site, staff requested that project consultant, Kimley- Horn, contact the Florida Department of Environmental Protection (FDEP) to determine whether or not the material could be excavated and relocated onsite rather than being transported to a landfill for disposal. FDEP responded with a guidance document for disturbance of landfills which outlines necessary activities that must occur during and subsequent to construction. Included in these activities are the preparation of a waste relocation plan, a combustible gas evaluation plan and evaluation of the presence of combustible gases and a final summary report of the construction activities. All documentation must be submitted to FDEP post construction. Service Authorization #3.4 is based on a scope that addresses all of the FDEP requirements for post construction submittal documentation. FUNDING SOURCE Funding is available in Account # 334-4173-572-63.90, after budget transfer. RECOMMENDATION Staff recommends approval. P'®~ I(imley-Horn -~. ®.. and Associates, Inc. .Tune 17,2009 SERVICE AUTHORIZATION NO. 3.4 TO THE AGREEMENT TO FURNISH PROFESSIONAL SERVICES DATED MAY 21, 2004, BETWEEN THE CITY OF DELRAY BEACH, FLORIDA AND KIMLEY-HORN AND ASSOCIATES, INC. This SERVICE AUTHORIZATION shall modify the professional services agreement (AGREEMENT} between the City of Delray Beach (CITY) and Kimley-Horn and Associates, Inc. {Consultant) referenced above and shall become part of that AGREEMENT as if written therein full. Changes in the indicated Scope of Services will be subject to negotiation and implemented through an Amendment to this agreement. PRO ECT DESCRIPTION The following proposal for providing engineering and environmental consulting services is provided to the City of Delray Beach, Florida by Kimley-Horn and Associates, Inc (KHA). The plan is based on the following understanding of site conditions and the client's needs. PROJECT UNDERSTANDING Excavation of a portion of an old closed landfill site located in a portion of Miller Park in the City of Delray Beach (the Site) began in Apri12009. The excavation was conducted in order to install subsurface utility lines, stromwater control and building foundations. Some excavated material (including old landf 11 waste) was reportedly removed from the site and sent to a landfill for disposal. Same of the excavated material was stockpiled on Site. KHA understands that the excavated material that is currently stockpiled on Site is intended to remain on Site and be placed within the former landfill footprint. It is anticipated that front end loaders and/or excavators will place the stockpiled material into dump trucks, which will transport the material to one or more areas within the former landfill footprint. KHA understands that the relocated material will be placed within new excavations areas, graded and covered by a minimum of 24-inches of clean soil cover. Based on the above understanding and assumptions, KHA proposes the following: In accordance with the Florida Department of Environmental Protection (FDEP) document "Guidance for Disturbance and Use of OId Closed Landfills or Waste Disposal Areas in Florida" (Version 2.0) dated June 3, 2009; a Waste Relocation Plan, an Evaluation of Combustible Gases Plan for the proposed relocatian activities, and an Evaluation of Combustible Gases Plan for the area of the three proposed new buildings will be completed. In addition, a Final Summary Report will be completed for the construction activities conducted at the Site. ~®~ Kimiey-Horn ~Iw ® and Associates, Inc. PROJECT ASSUMPTIONS KNA's proposed scope and fee is based on the following assumptions: 1. No permitting or approval of the proposed work is required by the FDEP based on a June 9, 2009 phone conversation between KHA and Mr. Amede Dimonnay, the Director of Solid Waste for the FDEF's Southeast District Office. 2. All work conducted at the Site will be consistent with the "Guidance for Disturbance and Use of Old Closed Landfills or Waste Disposal Areas in Florida" {Version 2.0) dated June 3, 2009. 3. The submittal of a Waste Relocation Plan {far notification purposes) is required by the FDEP. 4. The submittal of a Combustible Gases Evaluation Flan {for notification purposes} is required by the FDEP. 5. Submittal of a Final Summary Report of the work completed at the Site is required by the FDEP. 6. The FDEP maintains the right to inspect the Site at any time prior to and during construction. 7. A total of three buildings will be constructed within or near the former landfill footprint. $. The City will provide KIIA with a plan showing the number, size and volume of the excavated waste stockpiles. 9. The City will provide KIIA with a plan showing the location and depth of the intended waste relocated relocation area(s). 10. The City will provide KHA with site photographs showing the excavated material, waste, subsurface conditions, stockpiles, relocation areas, ect. 1 1. The City will provide construction oversight and full documentation of the proposed excavation, loading and relocation activities conducted at the Site. 12. The City will provide full documentation of the previously conducted waste excavation, loading, hauling and disposal activities at the Site. The following provides KHA's scope of services to complete the above work. SCOPE OF SERVICES 1.0 PROFESSIONAL SERVICES RELATED TO FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION {FDEP) GUIDANCE AND DOCUMENTATION Tasl~ 1.1. Prepare Waste Relocation Plan The Waste Relocation Plan will be prepared by KIIA and submitted to the FDEP to inform them of the intended activities at the Site. The Waste Relocation Plan will include the following: 1. Maps showing the former landfill footprint {horizontal limits of waste}, areas of excavated material, areas of excavated material stockpiles and waste relocation areas. 2 I-'~~~ Kimley-Hare ® antl Associates, Inc. 2. Estimate of excavated material volume and percentage of waste in the excavated material. 3. Description of the excavated material and waste. 4. Description of material loading and relocation work activities. 5. Description of how any hazardous waste that might be encountered will be managed. 6. Description of Best Management Plans {BMPs) to reduce stormwater impacts. 7. Description of odor monitoring and controls. 8. Description of construction health and safety requirements. 9. Description of contractor and City reporting requirements. 10. Description of construction observation and quality control measures. 11. Work schedule. 12. Description of documentation and FDEP reporting requirements. Task 1.2. Prepare Combustible Gases Evaluation Plan In addition to the Waste Relocation Plan, an Evaluation of Combustible Gases Plan for the excavation, loading and relocation areas of the Site will be prepared by KI-IA and submitted to the FDEP to inform them of the intended combustible gas evaluation at the Site. The Evaluation of Combustible Gases Pian will include the following: 1. Description of the methods and procedures that will be used to evaluate combustible gases at the Site prior to and during the waste excavation, loading and relocation activities. 2. Description of the contractor monitoring requirements for combustible gases. 3. Description of the reporting requirements for documentation of the combustible gases evaluation. Task 1.3. Evaluate New Building Locations for Combustible Gases 1. Development of a field sampling and monitoring plan far three proposed new buildings located within or nearby the waste footprint for combustible gases and potential explosive hazardous. 2. Installation of two vapor wells at each of the three building locations. 3. Monitor installed vapor wells far methane gases and combustible gases. 4. Submittal of a summary of findings memo describing the results of the combustible gas evaluation far the three proposed new building locations. Task 1.4. Submit Final Summary Report 1. Documentation of construction activities involving waste excavation, stockpiling, loading, transport and disposal conducted prior to submittal of the Waste Relocation Plan (to be provided by the Client}. 2. Document construction activities related to waste excavation, loading and relocation conducted under the Waste Relocation Plan. 3. Preparation of a summary report including tables and figures. 4. Assemblage of supporting documentation for waste removal and relocation. 5. Submittal of Final Summary Report. ®j~ I(rmley-Horn IMr. ® 1 and Asst~aiates, fne. 2.0 SID AND AWARD SUPPORT SERVICES No Changes to Previous Authorizations 3.0 LIMITED CONSTRUCTION PHASE SERVICES No Changes to Previous Authorizations 4.0 ADDITIONAL SERVICES Any services not specifically provided for in the above scope of work, as well as any changes in the scope the Client requests, will be considered additional services and will be performed at our current hourly rates or as proposed under a separate letter of agreement. Additional services we can provide include, but are not limited to, the following: ~ Detailed site investigations • Environmental site assessments • Contamination delineation and monitoring • Site remediation plans and implementation • Liaisons with government and regulatory agencies • Work plans and project observation • Permitting • Project oversight BUDGET The Consultant will provide the basic services described in this scope for Task 1.0 of the amounts as detailed below Task 1. l -Prepare Waste Relocation Plan Lump Sum $10,000 Task 1.2 -Prepare Combustible Gases Evaluation Plan Lump Sum $3,000 Task 1.3 -Evaluate New Buildings for Combustible Gases Lump Sum $10,000 Task 1.4 -~ Submit Final summary Report Lump Sum $10,000 Total $33,000 All permitting, application, and similar project fees will be paid directly by the Client. Any services outside of those described in this document will be billed on a Time and Materials basis. Access to all work areas will be provided by the Client. Fees will be invoiced monthly based upon the percentage of services performed as of the invoice date. Payment will be due within 25 days of your receipt of the invoice. 4 ®®! 1 Kimisy-Horn ^..:1l~ antl associa#es, Inc. 5.0 PERFORMANCE SCHEDULE KHA will provide our services to meet a mutually agreed upon schedule. Standard laboratory turnaround times for analysis and reporting is approximately l0 business days. Approved by: CITY OF DELRAY BEACH: Date: Mayor KiMT.EY-HORN AND ASSOCIATES, INC: Date: By: `'~ ~~ (Seal) Witness '~~.,~~~vs` P '~:'`p~' °9,,, :men; `; ~~= ',eg• ~oerels~ '` Witness Attest: Attest ~ ~ ~J ~ ~ .~ ,~ Approved as to Legal Sufficiency and Form BEFOR~, the f regoin instrument Witness my hand and se the Co~m~y, a,n,d~ State afaresaid this ~y of }' 2009. This ,__~ day of f 9 was acknowledged by ~. ~ On behalf of the Corporation and said Person executed the same free and voluntarily For the person there-in expressed. Notary Public State of Florid My Commission Expires; ~~~ ~ l ~, t'~ t~ H:1041 Jobs4044300009-i~SiIler Park Site Plat,niug4Ptoposa7slDraf[ Service Authorization for Miller Ceirstnictinn Please S ,~~a~arunar ~'~s =~~P IulYCO MlS50N~ D~~~t~?' ',~r'•. '~; Ex~fRES: r~prii 4, 2Q ~ ~3 u ~0„~~` BogdBdlhruNotaryPUhficUrvdenvr;;a;s ~~; _.,.. From: Goldman, David Sent: Tuesday, June 09, 2009 10:11 AM To: Carey, Michael Cc: Hutton, Skip Subject: Miller Park Mike 1 tallced with the solid waste contact at the FDEP Southeast District Office in West Palm Beach, Amede Dimonnay at (561) 681-6667 on June 9, 2009. He indicated that FDEP could not meet with us for at least two weeks due to a shortage of staff and work load. He then stated that as long as the City conducted the constmction activities consistent with the June 3, 2009 documented titled "Cn~idance for Dirturhance and U.re of'Old Closed Landfills or Waste Dirporal Arear in Florida" (attached), there were no additional permits or requirements needed from the FDEP to proceed. Mr. Dimonnay did indicate that the City would need to submit documentation of the work completed to the Department at the conclusion of site activities. Based on the above 1 recommend the following: 1. A waste relocation plan be prepared and submitted to the FDEP. The plan will include the following: a) Maps showing areas of waste and areas of waste relocation b) Estimate of waste volumes c) Description of excavation activities and BMPs to reduce stormwater impacts d) Description of odor monitoring and controls e) Description of health and safety requirements f) Description of contractor and City reporting requirements g) Description of construction observation and quality control h) Schedule 2. Prepare and implement a plan to evaluate combustible gases prior to and during construction. 3. Evaluate buildings on or near the waste for combustible gases and potential explosion hazards. 4. if requested by FDEP, prepare and implement a groundwater monitoring plan. The waste relocation plan will be submitted to the FDEP with the statement that the City is not seeking FDEP approval but informing them of the proposed actions and intentions to move forward with the plan. My best guess of the potential costs for K1iA for the above tasks at this time are as follows: Prepare and submit waste relocation plan: $10,000 Prepare combustible gas evaluation plan for construction: $3,000 (also contractor costs during construction) Evaluate buildings on site for combustible gases: $10,000 Prepare Summary Report: $10,000 Total: $33,000 1 can prepare a formal scope and fee at the City's request. David Goldman, P.G. Vice President Kimley-Horn and Associates, Inc. 8657 Baypine Road, Suite 300 Jacksonville, Florida 32259 Office 904-828-3900 Direct 904-828-3912 Fax 904-367-1692 Mobile 904-874-3656 MEMORANDUM TO: Mayor and City Commissioners FROM: Terrill C. Pyburn, Assistant City Attorney THROUGH: City Attorney DATE: June 16, 2009 SUBJECT: AGENDA ITEM 8.B. -REGULAR COMMISSION MEETING OF .TULY 7, 2009 AMENDMENT NO. 1/FLORIDA PUBLIC UTILITIES COMPANY ITEM BEFORE COMMISSION Amendment No. 1 to the Hurricane Disaster Agreement between the City of Delray Beach and Florida Public Utilities Company. BACKGROUND The attached Amendment No. 1 to the Hurricane Disaster Agreement dated November 12, 1992 updates the location reference for housing company personnel from "Fire Department" property to "City" property. RECOMMENDATION City Commission discretion. AMENDMENT NO. 1 TO THE HURRICANE DISASTER AGREEMENT DATED NOVEMBER 12, 1992 THIS AMENDMENT NO. 1 to the Hurricane Disaster Agreement dated November 12, 1992 is made this day of 2009, by and between FLORIDA PUBLIC UTILITIES COMPANY/FLO-GAS CORPORATION ("Gas Company") and the CITY OF DELRAY BEACH ("Municipality") WITNES SETH: WHEREAS, the parties desire to update the Agreement dated November 12, 1992 regarding procedures to be followed in the event of a hurricane disaster; and WHEREAS, the parties have agreed to update the Agreement dated November 12, 1992 to provide that the Municipality will provide housing for Gas Company personnel on City Property. NOW, THEREFORE, in consideration of the mutual promises and obligations below and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, and intending to be legally bound hereby, Gas Company and Municipality warranting to the other that each has the authority to do so, agree as follows: 1. The recitals set forth above are true and correct and reiterated herein. 2. Paragraph 2 of the Agreement is hereby amended as follows: 2. For the duration of the Hurricane Warning, the Municipality will provide housing for approximately ten (10) Gas Company personnel on City propertX at ~e ~~~ locations to be determined by the Municipality. The Municipality agrees to notify the Gas Company of the locations as soon as practicable after the Hurricane Warning is issued. 3. Paragraph 4 of the Agreement is hereby amended as follows: 4. The Municipality agrees to provide adequate outdoor parking for six (6) vehicles to Gas Company on City property. 4. All other terms and conditions of the Agreement not expressly modified by this Amendment No. 1 remain in full force and effect. IN WITNESS WHEREOF, Gas Company and Municipality have set their hands and seals the day and year first above written. ATTEST: City Clerk CITY OF DELRAY BEACH, FLORIDA By: Nelson S. McDuffie, Mayor Approved as to Form: City Attorney 2 WITNESSES: (Print or Type Name) (Print or Type Name) STATE OF FLORIDA COUNTY OF The foregoing instrument was acknowledged before me this 2009, by personally known to me or who has produced as identification. FLORIDA PUBLIC UTILITIES COMPANY By: Print Name: Title: 3 day of , (name of person acknowledging), who is (type of identification) Signature of Notary Public -State of Florida MEMORANDUM TO: Mayor and City Commissioners FROM: Jasmin Allen, Planner Paul Dorling, AICP, Director of Planning and Zoning THROUGH: City Manager DATE: June 26, 2009 SUBJECT: AGENDA ITEM 8.C. -REGULAR COMMISSION MEETING OF .TULY 7, 2009 LANDSCAPE MAINTENANCE AGREEMENT/PINEAPPLE GROVE CORPORATE CENTER ITEM BEFORE COMMISSION The action requested of the City Commission is acceptance of a landscape maintenance agreement for the Pineapple Grove Corporate Center (aka Creations Office Building) located at 101 Pineapple Grove Way, on the north side of NE 1St Street, between Pineapple Grove Way and NE 3rd Avenue. BACKGROUND In 2005 a generator for Pineapple Grove Corporate Center was installed in the right-of-way of NE 3rd Avenue adjacent to the FEC Railroad without a permit. The property was cited on December 12, 2005. A Class I site plan modification to allow the generator to remain in the right-of-way was submitted on December 19, 2005. It was later determined that its location in the right-of-way was not acceptable and on February 6, 2007 the applicant submitted a revised plan relocating the generator onto their property within the side street setback area. In May of 2006 generators were identified in the LDRs as structures that were allowed in setbacks, however they are limited to a maximum height of 4' 6". As this generator exceeds this maximum height the applicant was informed that a variance to allow the proposed generator in the setback area was required. On May 15 2007, the City Commission approved with conditions an appeal of the Planning and Zoning Director's interpretation that the applicant must seek a variance to place a generator exceeding 4' 6" in the side street setback. The conditions required that landscaping be provided to screen the generator and that the generator be moved at least 18" closer to the building and be located out of the public right- of-way. Revised plans have been submitted to address the above noted conditions of approval. The applicant has proposed the installation of White bird-of-paradise accent trees, underplanted with Wart Fern and Varigated Ginger and Podacarous hedges to screen the generator. Since portions of the landscape materials encroach within the right-of-way, the applicant has submitted a landscape maintenance agreement which obligates the property owner to install and maintain the newly planted landscaping within the right-of-way. The City Attorney has reviewed the agreement for legal sufficiency and form, and determined it to be acceptable. RECOMMENDATION By motion, accept the landscape maintenance agreement for the Pineapple Grove Corporate Center. Prepared by: RETURN: R. Brian Shutt, Esq. City Attorney's Ofhce 200 N.W. 1st Avenue Delray Beach, ILL 33444 LANDSCAPE MAINTENANCE AGREEMENT THIS AGREEMENT is made this day of , 2009 by and between the City of Delray Beach, b'lorida ("City") and PINEAPPLE GROVE PROPERTIES; LTD ("Owner") WITNESSETH: WHEREAS, in order to provide landscaping in the City, the City Co~xamission has adopted ordinances setting forth requirements for landscaping; and, WHEREAS, in order to comply with the City's landscape Ordinance the Owner shall be allowed to install landscaping material in the right-of way of NE 3"~ Avenue pursuant to the terns of this Agreement; and, WHEREAS, this Agreement shall in no way be deemed an actual, constructive or any other type of abandonment by the City of the public right-of way of NE 3rd Avenue; and, WHEREAS, the City reserves the right at any time to utilize the right-of--way for right-of- way purposes; and, WHEREAS, the public will benef t from the beautification of areas along its streets by the addition of landscaping; and, WHEREAS, this Agreement is not effective unless the Owner has submitted a landscape plan and it has been approved by the City; and, WHEREAS, the parties hereto mutually recognize the need for entering into an Agreement designating and setting forth the responsibilities of each party. NOW, THEREFORE, in considcrationt of the mutual covenants and conditions contained iza this Agreement, and ether good and valuable considcration, the receipt and sui'liciency of which are hereby acknowlcdgcd, the parties hereby agree as follows: ] . The 1'artics hereby represent and warrant that the above recitals are accurate and corz•ect and hereby incorporate then in this Agreement, 2. '1'hc O~~~zacr shall perform alI canditions as required by the City ar any Beard of the City i.n conjunction with the site plan and review process for tl?e .required installation and maintenance of the landscaping. The stEbject property, as highlighted on lxhibit "A", has ao appraved laradscalae plan, attached hereto anal incorporated herein by reference as Exhibit "B". 3. The Owner shall be respozasible for purchasing and installizag all plant, tree;, laedgc or grass material or any other material as rewired by flee Owner`s appraved landscaping plan. Owner shall fizrthcr be responsiblc far obtaining all permits atad approvals from all applicable governmental agezacics. d. Tlac Owner hereby agrees to maintaina tlac plazatings in the right-of--way in accordance with the City's Ordinances and the tct7ns and conditions of dais Agreement. The Owner shall be responsiblc to maintain, which means tl~e propez' waterizig and proper fertilizatu~n of all plants and keeping thczzz as free as practicable from disease and harmful insects; to properly mulch the plant beds; to keep the premises free of weeds; to mow andlor cut the grass to a proper height; to properly prune al.l plants which inclcxies (1) removing dead or diseased pants ol'plants, or (2) pnuling such parts tlaercof which present a visual hazard for those using the roadway. To maintain also means removing ar replacing dead or diseased plaits in theiz' entirety, or removing or replacing these that fall below original project standards. All plants removed far whatever reason shall be replaced by plants of the same grade, n.ot necessarily the sazxtc plant but of acceptable quality to the City and the Owner, as specified in the original plans anc{ specifi.catiotas and al' a size comparable to thane existing ai the tiznc of replacement. To maintain else means to keep litter removed from. the landscaped areas in the right-of--way. 1']ants shall be those itena.s which would be scic:ntilieally classified as plants and include but are not lirrtited to trees, grass, or shrubs. 5. if at any tune after the execution of this Agreement by the Owner, it shall come to ilae attention of the City that the landscaping is net properly maintained. pursuant to the terms and 2 conditions of this Agreement then the City ntay at its option issue a written notice that a deficiency or deliciencics exist, by sending a certified letter to tlae Owner. "1`hercafter, the Owner shall have a period of tl~rty caicndar days within which to correct the cited deficiencies. if said deficiencies are not cozx•ected within this time period, the City may at its option, proceed as ~ follows: {a) Maintain the landscaping oz• part thereof, and invoice the Uwner for expenses incurred. (b} Terminate this Agreement and require the Owl~er to cozzaply with the City's cuz~ent Ordinance on landscaping. (c} Cite the Owner for failure to cnanply with the City's Ordinances. G. Ai alt. tiz]xcs laercto, the Owner shall own and maintain all landscaping installed in t12e right-ol=way by the Owner. 7. if for any reason the City decides that it needs the right-ol=way of NE 3~~ A.vcnue nr for any other public purpose this Agz'eeznezzf shall terminate, and the Owner shall he required to comply with the City's current Code of Ordinances regarding landscape retluircznents. Owner shall remove all latdscaping from the right-of-~vay within 2Q days of such notification, if so requested by the City. 8. The Ownex shall. indemnify and hold harmless the City, its officers atad employees fros~~ al] suits, actions, claims and liability arisitlg solely out of the Owner's installation and maintenance of landscaping in the City`s right-ol=way. 9. This Agreement shall constitute tl~e entire Agreement of the parties with respect to the subject matter nl~ it, All prior understandings and agreements between the parties with respect to such matfcrs arc merged into this Agreenlcnt, which alone fully and completely expxcsscs theiz' uuderstandiz~g, 10. This .Agreement may not be assigned or transferred by the Owner, in whole or part without the written consent of the City. 11. This Agt•een~ezat shall be binding on the Parties, their respective heirs, successors, legal representatives, and per-nitted assig~~s and shall be recorded in the Public Records of 1'ahn 13eaoh Cou~aty az~d shal_( .run with. the la<td. 12. This Agreement shall be govez•ned by and construed in. accordance with the laws of the State of Florida.. 3 IN WI"I~NESS WIIEREOF, the p ~ies hereto have caused this Agreezxzent to be duly executed o.n. their behalf this ~ day of , ~-~~- , 2009. ATTf.ST: CITY OF DELRAY BEACH, fLORII)A c:zty Lterk I3y: Mayor Approved as in legal tnrzn. and sufficiency: City 1lftorney PINEAPPLE GROVE PROPIsR"]'II;S L"['l)., a >±lorida li.znited partnership, by its Ciencral Partner, P}a~a/~ Grave Management, In . lam: _ Anfhony V. se, l.ll, I'residcnt ~~ STATE C3>~ _ / / Approved gar ~CUT~O TPC LEGAL 7'he forego'z ins gent s knowledged befo e me this °~~ of 2009, by as -~. . ame of officer or agent, title of office a t of `3an--e of eorporafion acknowledging), a ~~~ ~ ~ (sfate or place of incorporation) r nrati n, of behalf of the corporation. He/She is personally k~~owt1 to zne or his produced (type of identiFcatio s idez;tificationr ~~~ '~~ ~ '~ l' / ~ ~- N ••. I' aria TiNa ~rv~ '~~VV '* ~ ~ ~Y~0~1MI5SroN5 nature of Person Taking cknowledgznent ~~' 'fi`r ~XPfR~$; ~eitU811 DQ $pg63f ~~r~:• e~naourn ry~s,zaza ru Nalery Publie ~Rderxrriisrs t \~~ l V` ~ 1~ \ ~ ~.. Narr~e Typed, Prince or Stamped 4 Vt~ITNESSES; tx~~~i ~ ..~,~ ~, I ~~~ ~d~ ~~~ ~~R _8 Q A n z 0 N ~~ = io fT! ~ ~ x. C m ~ '~ j v °~~ m ~ -zi w, o z =~ c~ z ~~t~~j ~ kg~°~ ~ `i~~F~ N { 6 33 i 3 ~ ~ '~ 74 4 ~ F s~ ~~ v w C? !N ¢ra i~~ =i 'i; ~{~{; ie ~~ ~~ ~3 L 3s. F! 1 ?$R ,X m5g r'i g - i' !? ~~~ - `~~ z ` e '" i g $- d a 's ,- ¢ ~ 3 ~ & ~. F g E c ~~~-- ~~ i~ ~§~ ~o ~~ 5k ¢f `r ~~ ~~ ~i ,~.~ S bbd ~ ts5 yc k Eg~ E's 3.gi a E $iA ` Fla 4 ~~~F is, ~~1 g35~ ~ [~FI ~. s~ YFz `.~ Ff@si {}~ ~ s ~ ~~ 5 iE yE ~ Rd ~;'~ x~. ~=S sF~Fg ~ iF e Landscape ~ Irrigation p€ans for: - ~ sf ~ DESIGNED BY: a $ & ~~ A N r ,':; ;, : a: _ i"~t1~1''S CARTER & ASSOCIATES ~ ~ ~ ~ s a N ~ ~ q ~ n Generator Screening LANDSCAPE ARCNI'~fCTS INC. ~ ~ ~ ~ ~ z ~ 74 N.E. Slh AVE. C•elray Beach. R 33483 -- ~ €]elray Seach, Florida s6~-vz-vazi LA. 831 K Gr a B is E~~ 4 i ~6AM~~' ~ wsi p ry l~ ~ ~~ l ~ ~I ~_ / ~ ~~ FpR f7 ~ ~ ~ ------- ----~~ ~ ~ RQ 1 -4Q.o.r~a ~ .e, - ......~,.~,d_4. ((( r N.E. 1si ST. - - - ~ sw~~n _ - -- ------ s - f --~7----- ----- -- - «"~'S ~ I ° - -- -- __ -- ' I ~k .. I I I I D ~ a 999% ' '~ ® _ I ~ ~ r-- I T- ~~ ~ - ~ ~ I 1 ~~ ^I FI Sd S~a I ~- ` n, III) e ?-~~ I I T 4 ~ ~~I r{? .. ____________a__ ~ _____-_ O `~ 1 ,__ -______ ,~~ ~ ~ ________ -,~-- ~I 1 tll ~ rt ~~~ I z I ~' -- ' n I I ~~ I J~ I ~ Cf I + ~ ~~ i i~ i i I ~ I;~~€a e ~ _ I I ~9£~ I I I ~r~---'---r-'- - I I q I ____.~-._..........____ _ I - -- - °-T 1 '-----r-~- ~ -- - ~-- I- I I I I I I I ~~ ~ Raj - ,_~~ I_ I f, ~ I I I " I I ~~ I ti I o I ~ I [I ~ P I~ ~ I _ F ~ ~ 6 ~ ~ ~ 1 g ®I I N ®I ~ i I I _ r- --____--_--------I ~___--- _ -- T - ------- ----I---- 1 I Q i ~~ o I I III ~~) _ i I I ~ a I~ ~~ I 11 I I,~.r--r- -- j I - ;~~~ I~ -. II ~I d ~ ' ~I ~~ I i C I I _ ~ ~ I I ~~ f ---~ ------ I , ~ "---~-~ _~ II x I `~ RR mn 2y I~~ SAg3 ~b ~aI I R i YY ~ ~4~q'`~3 ®'s's~g ~~' 6 S `~ 2 rn- 3 e R I pg, ~' a s I I I I I I I F 1 ~_ I 1 I I I 1 I I 1 [[~ I 1 E - I ~.[.~ I I s I I N a' e o,^ ~~ ~ I I ~.~ `~ I _ I ' °~ I ~ w ~~ ~.o ~~ I I I 1 Ivxol I p~~ €'~~i ~ i I ~ {Ik I Mffd N%M]Nt JO NpWIh3P1 Ay W --g~° I I NII I g I Z tin I a Cly m ~~ ~~ ~~ II k y v~ l o ~~ a FD ~+ '~ d 'ro a I{I I ~ ®~ 6 -l ~5 v-nE incEscape 8~ Irrigation plans for: pE51GNED 8Y: :1"~~t~®17~ GARTER & AS50CIATI enerator screening LANDSCAPE ARCF![TECTS 1F 'Ira Beach, Florida 74 rl.e. sm nve. oel~av eea~r,. ~ 33493 Y 551-272-9621 LA. 831 ~o w ~ j Q Q N.E. 2ND ST. Lei >-- ~ Q ~ j z j o o Q ~ 0 o ~ ~ m ~ ~ _ ~ ~ ~ O ate. T c,~ U7 ~c i w ~'- z N.E. _ _ 1ST ST. z N ~ d~ ~ O z z ~ cn w -- w z z z A T L A N T C A V E N U E z 0 I-- z ~ ~ ~ w W (f) ¢ ~ -- D!G/TAL &4SE MRA SYSTEM -- MAP REF: S:\Planning &Zoning\l78M5\File-Cab\Z-LM 5170-1017fl~LM1123_Pineapple Grove Corporote Center ' ' ~ SUBJECT PROPERTY PINEAPPLE GROVE CORPORATE CENTER ~ , - ~~ PLANNING AND ZONING ~ (AKA: CREATIONS OFFICE BUIhDING) _ DEPARTMENT LQCATION MAP MEMORANDUM TO: Mayor and City Commissioners FROM: Linda Karch, Director of Parks and Recreation THROUGH: David Harden, City Manager DATE: June 24, 2009 SUBJECT: AGENDA ITEM 8.D. -REGULAR COMMISSION MEETING OF ,TULY 7, 2009 PROTECT AGREEMENT/FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION/CLEAN VESSEL ACT GRANT PROGRAM ITEM BEFORE COMMISSION Reimbursement Agreement between Florida Department of Environmental Protection Clean Vessel Act Grant Program and City of Delray Beach. BACKGROUND Request approval of a reimbursement Agreement between Florida Department of Environmental Protection Clean Vessel Act Grant Program and City of Delray Beach for purchase and installation of a pumpout system with sewer connection located at the Municipal Marina. Project will include a new Peristaltic Pump located exactly where the current pump is and 13 remote pumping stations located at each boardwalk. Total project cost is $56,410.00. Florida Department of Environmental Protection has approved $42,307.50 grant funding (75% of total project cost) which leaves $14,102.50 as the City's responsibility. FUNDING SOURCE Funding is available in account # 426-4311-575-64.90 (Other Mach/Equipment). RECOMMENDATION The Parks and Recreation Department recommends City Commission approval. ,~,Qaa1~t~~ol~ ~~ os ~ ` ' ,~1:x F~C~R~A June 1$, 2009 Florida Department of Cllarl~e Crist Governor :Environmental Protection .1effKottlcamp Marjory Stoneman llauglas Building Lt. Governor 3960 Commonwealth Boulevard Tallahassee, Florida 32399-3000 Michael W. Sole Secretary Mx. David Harden City of Delray Beach 100 N.W.1S~ Avenue Delray Beach, Florida 33444 ~~~~~v~~ ~~T~' M~ANAGEC~ RE: CVA OS-527', LE683--Funding has been approved. Project Agreements are enclosed for grantee signature, Dear Mr. Harden: Your project funding has been approved fax $42, ,3Q7.SQ (75% of Tatal State Farads requested), for the purchase and installation of a_pumpout system with sewer connection. The above referenced number has been assigned to your project. Please use this number with an further in uiries and cartes ondence. Enclosed are three original Project Agreements for signature under Florida's Clean Vessel Act Grant Program. After you review and understand the terms and conditions of the Project Agreement and Attachments, please sign all three agreements. It is im artant that someone who is authorized to si n Ie al documents for our facili sat the contracts and return all three Project A eernents immedir~tel to secure fundin for our ro'ect. After reviewing and signing, please return the Agreements to: Florida Department of Environmental Protection C}ffice of Sustainable Initiatives Attn: Dczz~id Milberg Clean Vessel Act Grant Program 3900 Commonwealth Boulevard, MS 30 Tallahassee, Florida 32399-34p0 "More Protection, Less Process" wwyv. dep.state.fl. us dune ~9, 20Q9 David Harden Page 2 As a reminder no work ma be started until, our contract is full executed and we inform ou that au ma start the work.. Work or purchases made prior to the A cement bein full executed b this o£fiee will not be reimbursed. When we receive all three of the original Project Agreements, they will be processed for execution. Again, work or purchases prior to the Agreement being fully executed by this office will not be reimbursed. Before the be 'nnin of an work all local ermits and DEP ermits as ma be a livable must be obtained. There can be no reimbursement Pram grant funds without this documentation and prior approval. A grant award package containing instructions, one fully signed Project Agreement with Attachrnent(s}, reporting forms and request for payment forms will then be sent to you. According fo the Grant Agreement, the project is scheduled for a completion dAte of December ~6, 20.0. Should you have any questions, please contact my staff, David Milberg at {850}245-2848, or, Marylynn Carey at (850245-2849 and they will be happy to assist you. Again, thank you for your part in helping keep Florida's waters clean. Sincerely, ~~~~ f,~c ~~ Brenda Leonard Program Manager Clean Vessel Act Grant Program Enclosures BL/dam )FLORIDA DEPARTMENT OF ENVIRONMENTAL PROT);CTION CLEAN VESSEL ACT GIt-ANT PROGRAM DEP Agreeme~~t No: LE683 Ear CVA 48-527 PR03ECT AGREEMENT THIS AGREEMENT is entered into between the S"1'AT]/ OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION, whose address is 3904 Commonwealth Boulevard, Tallahassee, Florida 32399-3000 (hereinafter referred to as the "`Department" or "DEP"} and the CITY Ol~' DELRAY BEACH, whose address is 159 MARINE WAY, DELRAY BEACH, FLORIDA 33483 (hereinafter refezred to as "Grantee" ox "Recipient"}, a local government, to conduct a project approved under the Clean Vessel Act Grant Program (CFDA 15.616). and, WI-Tl/REAS, the Department is the recipient of federal financial assistance frnnl the U.S. Fish and Wildlife; Service; WHEREAS, as the result of this Agreement the Grantee has been deteznziazed to be a subrecipient of federal f€nancial assistance from the U.S. )=ish and Wildlife Service. NOW, `TH1rREFORE, in caa~sidcration of the premises and the mutual benefits to be derived herefrozn, the Department and the Granted do hereby agree as follows: 1. The Agreement shall be performed in accordance with Public Law 102-587, the Clean Vessel Act of 1992, and the Federal Clean Vessel Act Grant Program Guidelines (SO CFR Parts 80 and 85) which are hereby incorporated by reference as if fully set forth heroin. 2. The Grantee agrees to conduct the project known as Florida Clean Vessel Act Program, in accordance with the terms azad conditions set forth in this Agreement, the Scope of Work as provided in Attachment A, and all exhibits and attachments referenced herein aasd made a part hereof. 3. >3y executing this Agreement, the Department certifies that a site visit has been conducted to verify and document that the project activities and location of the work described in Attachment A meet the categorical exclusion criteria under the National Environmental Policy Act (Nl/PA) and that activities conducted as a result of this Agreement will have no impact on any species listed in the NEPA criteria. The Department will maintain the site visit documentation in its files in Tallahassee in accordance with the conditions of the I]epartment's source grant agreement with the U.S. Fish and Wildlife Service. 4. The Granted agrees to complete the project on or before December 16, 2414. This Agreement shall become effective upon execution by both poi°ties and shall remain in effect fnr a period of five (S) years from the date of project completion. Th.e Grantee must make project facilities available to the boating public for a n~ininaunz of rive (S) years after the co€npletion date of the project established above. In the event or a change in ownership, the Grantee is required to notify the Department in writing of such change nn later than ten days after the change in ownership occurs, and the C"rrantce is required to notify the new owner of this Agreement, the obligation to continue maintenance and operations as well as reporting for the remaining life of this Agreement prior to the change. The "Bill of Sale" nr other nlficial document 'transferring n~vnership shall i~zclude these grant requirements. Any change in ownership will require an amendnaeazt to this Agreement. Should the new owner refuse to assume the obligations as set forth in this Agreement, the original Grantee shall reimburse the Department for the value of the equipment as specified in 43 CFR, Part 12.72, This Agreement znay be amended to provide for additional services if additional funding is made available by the U.S. Fish and Wildlife Service azad/or the Legislature. 5. A. As consideration for the services rendered by the Grantee under the teens of this Agreement, the Departineazt shall pay the G~°antee on a cost reimbursement basis in an amount not to exceed $42,307.54 toward all eligible costs associated with the project as described izz Attachment A, Scope of'~'Vnrk. UEp 55-240 (t210S} 17k;P AnreeEZ~cnt No. LCG$3, ha„e 1 of 7 B. The Grantee shall be reimbursed an a cost reimbursement basis far all eligible project costs upon receipt and acceptance of a properly completed Attachment B, Gra€rt Pay~ttent/Match Request Fot•zn and an invoice. The request For payment s1~a11 include an invoice an the Grantee's letterhead, clearly marked as invnice. "I'he Grantee shall maintain an itemized listing (by category} of all expenditures claimed, including the dates of service, on Grantee invoices submitted to the Department. Receipts and cancelled checks clearly reflecting the dates of service and back-up documentation, ,including any subcontractor invoices if applicable, shall he submitted to the Department, along with Grantee invoices for auditing purposes. Invoices for the deliverables described in Attachment A must explicitly reference the deliverables and the grant award amounts associated with each deliverable. Partial payments of project costs are allowed under this Agreezxaent. The Grantee shall submit a final invoice to the Department no later than Decenrzbe~• 30, 20"•10, to assure the availability of funds for final payment. No travel expenses are authorized under the terms of this Agreement. C. The Grantee may also be required to submit a cost allocation plan to the Department in support of its multipliers (overhead, indirect, general adznirzistrativc costs, and fringe benefits} if applicable. All bills for azx€ounts due under this Agreement shall be subn~itted in detail sufficient for a proper pre-audit and past-audit tl-zereof. State guidelines For allowable costs can be found in the Department of Financial Services' Reference Guide fnr State Expenditures at littn:l/www.fldfs.cnzr€/aadirlreference°/a5F,~uide and alnwable costs for Federal Programs can be found under 4& CFR Part 31 at htt ://www.access. o. ov/nara/cfr/cfr-table-search.html and OMB Circulars A-87, A-122, A-? 1, as appropriate, at htt :1/www.whitehouse. ov/omb/circulars/index.html#numerical. D. The Grantee shall obtain at least three written quotes for the purchase of goods or services costing wore than 9>2,500 and submit said gpotes to the Depa€•tment for review and approval prior to the commence€nent of any work under this Agreement. 'Written quotes shall be for items that are alike in function, operation and purpose. An explanation will be required wlrenever the Grantee elects to use the vendor quoting other than the lowest price. The Department has the right to reject all quotes and require additional documentation supporting the projected project costs. The Department shall znalce no reimbursement from grant funds until this docuznentatioz~ has been provided and approved. Any grant over 91100,000 sl-zall comply with the procurement requirements described in 43 CFR 12.70. E. The patties hereto understand and agree that this Agreen-zent requires a cost sharing or match in the form of cash or third party in-kind, on the part of the Grantee, The match expended by the Grantee shall be at least 25% of the total amount actually expended on the project. All cost shaz-ing/match shall meet the federal requirements established in X18 CFR, Part 31 and OMB Circulars A-87, A-122 and A-21, as appropriate. F. Allowable costs will be determined in accordance with the cost principles applicable to the organization incurz•ing the casts. For purposes of this Agreement, the following cost principles are incorporated by reference. ~Yaalll~:atlOn'ry @ A ~IC~~10 Cost Pri~1Cl 1C5 State, local or Indian tribal ~nverz~znent. OMB Circular A-87 Private non-profit organization other than (1} an OlvtB Circular A-122 institution of higher education, (2) hospital, oz- {3) organization Warned in OMB Circular A-122 as not subject to that circular. Education Institutions OMB Circular A-2] ];or-profit organization other than a hospital and an 48 CFR Part 3l, Contract Cost Principles and organization named in OMB A-122 as not subject Procedures, or uniform cost accounting standards to that circular. that comply with cast principles acceptable to the federal a rency, 6. The State of Florida's perfonnaztce and obligation to pay under this Agreement is contingent upon an annual appropriation by the F.egislature. "T'he parties hereto understand that this Agreement is not a commit€nent of future appropriations. ncP ss-zaa tt~~©sl Dt?P rlgree~3~ent IYo. [.Gfi83, P~;;e 2 of 7 The Grantee shall record and maintain pumpaut information to be submitted to the Department on a quarterly basis on a form provided by the Department. This fern can be accessed online at http://www.dep.state.fl.us/law/GrantslCVA/pumpouts.htm. Quarterly forms shad be submitted to the Department's Grant 1vlanager no later than i5 days following the last day of the reporting quarter begizu~ing with the quarter during which the caznpletion of the construction or installation of equipcrzent occurred. It is hereby understood and agreed by the parties that the term "quarterly" shall reflect the calendar quarters ending March 31, .fungi 30, September 30 and Decerrzber 3I . 8. Each party hereto agrees that it shall be solely responsible for the negligent ox wrongful acts of its employees and agents. However, nothing contained herein shall constitute a waiver by either party of its sovereign innnuzaity or the provisions of Sectioz7 '708.28, Florida Statutes. A. The Department rrzay terminate this Agreement at any tine izt the event of the failure of the Grantee to fulfill any of its obligations under this Agreement. Friar to termination, the Department shall provide thirty {30) calendar days written notice of its intent to terminate and shall provide the Grantee an opportunity to consult with the Department regarding the reason{s) far termination. B. The Department may terminate this Agreement far convenience by providing the Grantee with thirty (30j calendar days written notice. C. The parties hereto may agree to terzrzinate this Agreement far convenience as evidenced by written azxzendzment of this Agreement. 'I'he amendment shall establish the effective date of the termination and the procedures for proper closeout of the Agreement. D. This Agreement may be unilaterally canceled by the Department for refusal by the Grantee to allow public access to all documents, papers, letters, oi• other material made or received by the Grantee in conjunction with this Agreement, unless the records are exempt froze Section 24(a) of Article l of the State Constitution and Section 119.07{1), Florida Statutes. 10. If tlae Grantee materially fails to comply with the terms and conditions of this Agreement, including any Federal or State statutes, rules or regulations, applicable to this Agreement, the Department may take one or more of the following actions, as appropz•iate for the circumstances. A. Temporarily withhold cash payme~zts pending correction of the deficiency by the Grantee. B. Disallow (that is, deny both use of funds and any applicable matching credit far) all oz- part o£ the cost of the activity oz- action not in compliance. C. Wholly or partly suspend or terminate this Agreemment. D. Withhold further awards For the project or program. E. Take other remedies that zmay be legally available. £~. Costs of the Grantc;e resulting from obligations inctinxed by the Grantee during a suspension or after termination of the Agreement are mat allowable unless the Department expressly authorizes them in the notice of suspensions or termination. Other Grantee costs during suspension oz• oiler termination which are necessary and not reasonably avoidable are allowable if the fallowing apply. The costs resu€t from obligations which were properly incurred by the xecipiezzt before the effective date of suspension or termination, are not in anticipation of it, and in the case of termination, are noncancellable, The cast would be allowable if the Agreement were not suspended or expired nornally at the end of the funding period in which the tern-zination takes place. G. °1"he remedies identified above, da not preclude the Grantee frazm being subject to debarment and suspension under Executive Orders 12549 and 12689. I)~P SS-240 {12105] DGP A~reeKneA~l loo. LEG83, Page 3 at' 7 l 1. A. The Grantee shall maintain books, records and documents directly pertinent to perfoz-tnance under this Agreement in accordance with generally accepted accounting principles consistently applied. The Department, the State, the U.S. Fisla and Wildlife Service, or their authorized representatives shall have access to such records far audit purposes during the term of this Agreement and for flue years following Agreement completion. In the event any work is subgranted nr subcontracted, the Granted shall similarly require each subgrantec and subcontractor to maintain and allow access to such records far audit purposes. B. The Grantee agrees that if any lztigatio€a, claim, or audit is started before the expiration of the record retention period established above, the records shall be retained until all litigation, claims or audit findings involving the records have been resolved and final action taken. C. Records for real property and equiptnezat acquired with Federal funds shall be retained for live years following final disposition. l2. A. In addition to the requirements of the precedi€a~; paragraph, the Grantee shall comply with tlae applicable provisions contaitzed i€x Attach€azezrt C (Special Audit Requirerzzents), attached hereto and incorporated herein by reference. Exhibit 1 to Attachn€xent C summarizes the funding sources supporting the Agreement for purposes of assisting the Grantee in complying with the requirements of Attachment C. A revised copy of Exhibit )< must be provided to the Grantee for each amendment, which authorizes a funding increase or decrease. if the Grantee fails to receive a revised copy of Exhibit ], the Grantee sha11 notify the Departmetat's Grants Development and Review Manager at 850/245-23fa1 to request a copy of the updated information, B. The Gra€ztee is lxereby advised that the Federal and/or Florida Single Audit Act Requirements .may further apply to lower tier transactions that may be a result of this Agreement. The Grantee shall consider the type of financial assistance (federal a€zdlor state) idetztified in Attact€rnent C, Exhibit 1 when nzalcing its determination. For federal financial assistance, the Grantee shall utilize the guidance prnvided under OMB Circular A-133, Subpart B, Section _.210 far detertaxini€ag whether the relationship represents that of a subrecipient or vendor. For state financial assistance, the Grantee shall utilize the foz-zxz entitled "Checklist for Nonstate Organizations Recipient/Subrecipient vs Vendor Determination" (form ntuxzber DFS-A2-NS) that can be foiuzd under the "Links/Forms" section appearing at tlxe following website: hops:!/apps. fldfs. com/fsaa Tlae Grantee should confer with its chief financial officer, audit director or contact the Department for assistance with questions pe€-taining to the applicability of these require€xxents. 13. A. The Grantee may subcontract work under this Agreement without the prior written consent of the Department's Grant Manager. The Grazztee agrees to be responsible i'nr the fzzlfillnzent of all work elements inch€ded in any subcontract and. agt'ecs to be responsible for the payment of all monies due uazder any subcontract. it is a€zdcrstnod and agreed by the Grantee that the Department sha11 eat be liable to any subcontractor for any expenses or liabilities incurred under the subcontract and that the Errantee shall be solely liable to the subcontractor for all expenses and liabilities incurred under the subcontract. 13. The Departure€zt of Environmental Protection supports diversity in its prncttrement program and requests that all subcontracting opportunities afforded by this Agreement embrace diversity enthusiastically. Tlae award of subcontracts shot€ld reflect the hall diversity of the citizens of the State of Florida. A list of Minority Owned fi€-ms that could be offered subcontracting appo€-t<inities ntaybc obtained by contacting the Office of Supplier D€versity at (850) 487-0915. C. This Agreement is neither intended ear shall it be constt'€zecl to grant any rights, privileges, or interest in any third party without the mutual wt'itccn agreement of the parties hereto, D. This Agreetnctzt is an exch€sive grant and may not be assigned in whole without the written approval of floe Depart€nent. t)CP 5~-240 (t2lOS) t)tvP Agree~y~c~~t t,(o. LEG83, Page a of 7 14. The Grantee certifies That no Federal appropriated funds have been paid or will be paid, by or on behalf of the Grantee, to any person for influencing or attempting to influence an officer ar employee of an agency, a Member of Congress, an officer or employee of Congress, ar an employee of a Member of Congress, in cortncction with the awarding of any Federal contract, the malting of arty Federal grant, the tnalcing of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, atxtendment, or modification of any federal. contract, grant, loan, or cooperative agreement. 15. The Grantee shall comply with all applicable federal, state and local rules and regulations in performing under this Agreement. The Grantee acltnowledges that this requirement includes compliance with all applicable federal, state and local health and safety rules and regulations. The Grantee further agrees to include this provision in all subcontracts issued as a result of this Agreement, 16. The Department's Grant Manager {which may also be referred to as the Department's Project Manager} for this Agreement is identified below. Brenda Leonard Florida De artment of Envirottzrtental Protection Office of Sustainable Initiatives, MS30 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 Tele hone Na.: 850-245-2847 Fax No.: 850-245-2859 E-.mail Address: Bret~zda.Leonard a7de .state.fl.us 1.7. The Grantee's Grant Manager (which may also be referred to as the Grantee's Project Manager} for this Agreement is identified below. The Department trust 6e notified in writing of any chartgc in this information within ten days. David Harden Cit of Delray Beach 159 Marine Way Delray Beach, Florida 33483 Tele bane No.: 561-243-7252 Fax No.: 561-243-7268 E-mail Address: harden a)ci.delray-beaclz.fl.us 18. The Grantee warrants and represents that it is self funded for liability insurance, appropriate and allowable under Florida Iaw, and that such. self insurance offers protection applicable to the Grantee;'s officers, employees, servants and agents while acting within the scope of their employment with the Grantee. 19. Tlae Grantee covenants that it presently has no interest and shall not acquire any interest wlticlt would conflict in airy manner or degree with the performance of services required. 20. Upon satisfactory completion of this Agreement, the Grantee tray retain ownership of the equipment purchased under this Agreement. I-lawgiver, the Grantee shall cotnplcte and sign a Property lZeporting Font, provided as Attachrnc~~t ll, and 9-orward it along with the appropriate invoice to the Department's Grant Manager. The following terms shall apply: A. The Grantee shall. have use of the equipment far the authorized purposes of the contractual at•t-angement as long as the required worlt is being perfotxaied. B. The Grantee is responsible far the implementation of adequate nzaintenauce procedures to keep the equipment in Bond operating condition. DEP 55-24©(12145) DEP A~areenzeni No. LE6S3, i'nge 5 of 7 C. "I'he Grantee is responsible far any loss, damage, or theft of, and any Toss, damage or injury caused by the use of, non-expendable personal property or equipment purchased with grant funds and held izt his possession for use in a contractual arz•amgement with the Department. 21. A. The Depart€nent may at any time, by written order designated to be a change order, make any change in the work within the general scope of this Agreement (e.g., specifications, task timelines within current authorized Agreement period, method or manner of performance, requirements, etc.). All change orders are subject to tl-ze mutual agreement of both parties as evideziced in writizzg. Any change, which causes an increase or decrease in the Grantee's cost or time, or a change in ownership shall require formal amendment to this Agreement, and not be eligible fox processing through the change order procedures described above. B. The project completion date may be extended by change order issued by the Department, subject to the same teens and conditions and the availability of funding. Request for extension of tune in which to complete this project sha11 be in writing and shall be requested at least sixty (60) days prior to the completion date as described im paragraph 4 above. 22, A. No person, on tlae grounds of race, creed, color, national origin, ago, sex, or disability, shall be excluded from participation in; be denied the proceeds or benefits of; or be otherwise subjected to discrimination in performance of this Agreement, B. An entity or affiliate who has been placed on the discriminatory vendor list may not subn-zit a bid on a contract to provide goods or services to a public entity, may not submit a bid on a contract wit11 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, azrd may not transact business with any public entity. The Florida Depaa•Cznent of Management Services is responsible for maintainizlg the discriminatory vendor list anal intends to post the list on its website. Questions regarding the discriminatory vendor list may be directed to the Florida Departmment of Managen~cnt Services, Office of Supplier Diversity at 850/487- 091 S. 23. Iza accordance with Executive Order 12549, Debarment and Suspension (43 C13R 12.75), the Grantee certifies that neither it, nor its principals, is presently deba€red, suspended, proposed for debarment, declared 'ineligible, or voluntarily excluded from participation in this transaction by any federal Department ar agency; and, that the Grantee shall not lcnowi€•€gly enter iota any lower tier contract, or other covered transaction, with a person who is similarly debar'ed or suspended From participating in this covered transaction, unless authorized in writing by the U.S. Fish and Wildlife Service to the Department. Where the prospective loGUer tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this Agreement. 24. The U.S. Fish and Wildlife Service and the Department, reserve aroyalty-free, nonexclusive, and iz•revocable license to reproduce, publish or otherwise use, and to authorize others to use, for goverzument purposes; A. The copyright in any work developed under a grant, subgrant, or contract under a grant oz° subgrant. 13. Any rights of copyright to which a Grantee, subgrantee or a. contractor purchases ownership with grant support, 2S. I.,and acquisition. is not authorized under the terms of this Agreement. 2b. thhis Agreeme€zt represents the entire a~;recment of the paz•ties. Any alteratioa~s, variations, changes, modifications or waivers of provisions of this Agreement shall only be valid when they have been reduced to writing, duly signed by each of the parties hereto, and attached to the original of this Agreement, unless otherwise provided herein. REMAINDER OF 1'1-IIS PAGE INTENTIONALLY LET'T I3L,ANK ~~~ ~F-aao cta~t}sl DEP Agreenee~~t IVo. LC683, Pn~e G of 7 IN WITNESS WI~TEREOF, the parties have caused this Agreement to be duly executed, the day and year last written belaw. CI'T'Y OF DIdLRAY BEAC~T By: Signature of Person Authorized to Sian Print Name and Title of Authorized Person Date: FETD No. 59-6000308 STATE OF FLORIDA DEPARTMEN'T' OI~ ENVIRONMENTAL PT~OTECTION BY~ _...~ Director, Office of S€~stai.nable Initiatives or designee Date: ..~~~ ~, Brenda Iaeonard, DEP Grant Man ger DEP Contracts Administrator Ap oved as to ~or~n„and 1eU~ality:r DEP ttorzaey ~~ `For Agreements with governmental boards/commissions: if someone other than the Chairman signs this Agreement, a resolution, statement or other document authorizing that person to sign the Agreement on behalf of the governmental boardlconui~ission nn€st accompany the Agreement. List of attachments/exhibits included as part of this Agreement: Specify Letterl Type Number Description (include number of pages) Attachment A Attachment B Attachment C Attachment D Scone of Work and Conditions (3 Paaes) Grant Pa mentlMatch Rc uest Foi°m 1 Pa e S ecial Audit Re uirements 5 Pa Yes Pro ert Re ortintr Form 1 Pa re DGP 55-24(i (12105) DGP Agreement No. LEG83, Page 7 0l' 7 ATTACHMENT A Clean Vessel Act Grant Program Scope of Work PURPOSE The purpose of the grant is to establish or restate pumpout facilities that are operational and accessible to the general boating public fat the useful life of the facilities. The purpose of these conditions is to ensure compliance with 5a CFR Part 85, Subpart D -Conditions an UselAeceptance of Funds, far the Agreement period, including the five (5} year period extending beyond the date of equipment installation or construction completion. These conditions cover pumpout facilities and equipment purchased with Clean Vessel Aat Grant funds. This is a cost reimbursement Agreement with matching requirement based on the amount actually paid by the Department to the Grantee. The Department agrees to pay the Grantee, on a cost reimbursement basis, a grant award in an amount not to exceed 42 3p7.5~ and the Grantee agrees to undertake the project as described and submitted by the Grantee in the Grant Application, CVA q8-527, and provide a minimum 25°/° non-federal matching funds. The project is located at 959 Marino Way, De[rav Beach Florida X3483. COhIDITIOIVS Reimbursomont for Project Installation 1. The Grantee shall obtain all required permits and approvals prior to commencement of the project. A grant award is not an indication of permitability of a project. A Permit Certification Form, supplied by the Department, shall be sent to and be on file with the Department before invoices will be processed for payment. 2. Match documentation shall be provided in accordance with instructions and on forms available from the Department. Any credit for the match by the Grantee shall be based on forms completed and documented to the satisfaction of the Department. 3. Grantee invoices will be processed by the Department in an expeditious manner upon presentation of all required documents as outlined in Paragraphs S.B. through 5.E. of this Agreement. The Department shall have fifteen (15} days to review and approve all invoices and reports. Upon review and approval of each invoice and report, the Department will process the invoice for payment. 4. The final invoice shat! be accompanied by a nompleted and signed project completion form to be provided by the Department, an operational plan as described in Condition 1 of the Operations section of this Attachment, a description of the operational Ing required under Condition S of the Operations section of this Attachment, and photographs of the completed project. Operations 1. The pumpout facility or dump stations will conduct its operations under an operational plan of the Grantee that specifies hours of operation, maintenance principles, methods in determining volume of material pumped including the use of flow meters as may be necessary, infarmationleducational materials on pumpout operation and assurances that the pumpout facility or dump station will be used solely far the collection of boat sewage. This plan will be submitted with the certification of project construction completion. 2. Each pumpout facility or dump station funded under this project shall be open and available to the recreational boating public. Each pumpout facility or dump station shall be operated, D1rP 55-240 { t 2105) D1rP Agreement No. L~G83, Attacl~inenr A, Pane 1 of 3 maintained, and continue to be reasonably accessible to all recreational vessels for the full five year period as described and set Earth in Paragraph A- of this Agreement. 3. The Grantee will provide marine sanitation end pumpout information for boat owners and training for pumpout operators. These services may be provided through such methods as information materials, an site instruction or audio-visual methods by the marina ownerloperator, equipment vendors, harbormaster or local government personnel. 4. The location of each pumpout facility or dump station will be continually identified through informational markers using the international pumpout logo on a sign of at least three feet by four feet in size. All informational markers located on the waters of the state shall be with prior approval of the Department as required by permitting procedures established by Florida Statutes and the Florida Administrative Code. 5. Informational placards stating fees, hours of operations, instructions, and operator name and telephone number shall be pasted in a clearly visible location on the station hauling. The placard shall have pasted emergency phone numbers for reporting service problems and shall include the fallowing statement: Funded in part by the ~. S. Fish ar~d Wildlife Service, Clean Vessel Act through the Florida Department of IFnvironmental Protection, ©ffice of Sustainable Initiatives. 6. Pumpout facilities will be designed and operated in accordance with state and local health regulations. 7. Pumpout or dump station services will be provided free of charge or for a fee not to exceed $5 per vessel. Fees greater than $5 requires prior written approval by the Department of an itemized operational cost justification. ;gee accounting will be provided with the annual log described below. If fees are collected, such proceeds shall be retained, accounted for, and used by the operator exclusively to defray operation and maintenance costs of the pumpout equipment and associated materials. 8. The pumpout operator shall maintain an operational log to be submitted to the Department the first day of each calendar quarter beginning with the quarter during which completion of construction ar installation of equipment occurred. The log shall document use of the equipment by number of pumpout services events, gallons pumped, fees charged, and maintenance, labor, or other operational costs incurred. Volume of sewage handled must be determined as described in the approved operational plan. Costs may be estimated unless greater than $5 fees are charged. Collections of higher fees require detailed accounting of operational costs through a method included in and approved with the operational plan. RE]1~AtNDER OF PAGE i:NTENTIONALLY LEFT BLANK DAP 55-210 (12105} DIP Agreetnet~t No, L7y~83, Attacl~i~ie~lt A, Page 2 a1' 3 DELkVI~RABIrES The following is a schedule of deliverables and related amounts. The specific grant award amounts for each of the deliverables associated with the pumpout project listed in the schedule below may vary; however, the maximum grant award amount is as stated on page 1 of this Attachment. The grant award amount to be provided by the Department is based on the amount recommended and approved by the Department for this specific project. The dollars expended or in-kind effort by the Grantee shall be at least 25% of the fatal amount actually expended an the project. Grder of Deliverables and Amounts Deliverables Detail Project Grant Amount Amount Permitting State and local permits required for $0.00 $0.00 installation of e ui ment. Construction Lobar and materials required to $0.00 $0.00 re are site fore ui ment. Renovation Labor and materials necessary to $0.00 $0.00 restore um out e ui ment. Equipment Purchase Pumpout or waste receptacle $38,410.00 $28,807.50 equipment and associated piping to be installed. Equipment Installation Plumbing supplies, delivery and $18,000.00 $13,500.00 labor. Operations and Maintenance Necessary repair of equipment includin arts and labor. Information signs and Advertisements, handouts, pumpout $0.00 $0.00 brochures logo, channel marker, and a eratinnal si na e. Education and instructional Brochures or handout information $0.00 $0.00 materials about the Clean Vessel Act and the e ui ment available far ublie use. Total Project Amount $56,410,00 Total Grant Award Amount $42,307.50 Total lVlatch Amount $14,102.50 DEP 55-240 (12105) DEP A~t~eetnent No. I..P:683, Attaclu~ie~lt ~, Pate 3 oi' 3 AT~'ACI-1MEI~T B ~i-~.LA~T ~~yl~~~T~~~~~ R.~C~iJ~ST Delray Beach City Marina Fort (Grantee) DEP Division: ®ffice Of Srastainable Initiatives Billing Date: Payment Requested? DEP Prograrx~: Clean Vessel Program Billia~.g No.: Klatch Credit Requested? Yes ____ No If Department payment is bci~-g requested, an invoice on your letterhead must accompany this form. Permitting Construction Renovation Equipment Purchase Equipment Installation Operations acid Maintenance Information (signs, brochures) Ed'L~cation and Instnietion T®TAL D]~PAIi.Tl1!CENT {75%) Payment GRANTEE {25%) Match Certification and Attestation.: I certify that documentation has been and will be maintained as required by the Agreement to support the amounts reported above aa~d is available for audit upon request. I attest that all expenditures prior to this request have been made and are tree and accurate and are only for the purposes as described in the Clean Vessel Act Grant Project LE683 1 l'urtl~er attest, under the penalties of perjury, #hat (name of the marina or entity) has complied with the previsions of the grant. NOTARY PUBLIC: Subscribed and swore. Before ine at LE&$3 errant Number: F0958 CVA Q8-527 {Application hTo.) Grantee's Project ManagerlAttestor This day ofi' (Title} Date (Seal) DB.k' 55-240 (12/05) DFP Agreement No. 1_,E683, Attacl~nlent 13, Page 1 0~ 1 ATTACH1VIEl\iT C SPECTAT., AUllIT REQUT.REiVIENTS The adzrzinistration of resources awarded by the Departnae;nt of lnvironmezztal Protection (tivhich mccy be r•efer•red tv us the ".Department'; 'DFP'; "FDEP° yr "Grun.tor", vy vtlzer name in the corztruct/agreement} to the recipient (~~~T7ich nrcry be referred tv as the "Contractor", Gr^untee" (1r° vther name in the cr~ntrctct/agreement) naay be subject to audits and/ar monitoring by the Department of Tnvironmental Protection, as described in this attachzxzent. MONITORING In addition to reviews of audits conducted in accaz•dancc with OMB Circular A-133 and Section. ?I5.97, P.S., as revised {see "AUDITS" below}, monitoring procedures may include, but not be limited to, on-site visits by Department staff, limited scope audits as defined by OMB Circular A-133, as revised, and/or other procedures. I3y entering into this Agreement, the recipient agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the Department a£ Environmental Protectinn. Tn the event the Department of Environrrzental Protectinn determines that a limited scope audit of the recipient is appropriate, the recipient ag€•ees to comply with any additional instructions provided by the Depart€nent to the recipient regarding such audit. The recipient further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessazy by the Chief Financial Officer or Auditor General. AUDI`T'S .PART T: 1+EDERA)<.LY FU1Vl7ED This part is applicable if tlae recipient is a State or local government or a non-profit organization as defined in O1VIT3 Ci€-cula€• A-133, as revised. In the event that the recipient expends $500,000 or more in Federal awards in its fiscal year, the recipient must have a single arpregram-specific audit conducted in accordance with the provisinns of OMB Circular A-133, as revised. T?XHFBIT 1 to this Ag€'eement indicates Pcderal funds awarded through the Department of Environzxzenta] Protection by this Agreement. In determining the Federal awards expended in its fiscal year, the recipient shall consider all sources o£ Federal awards, including Federal resources received from. the Department of Environmental Protection. "I"he deter€nination of amounts of Federal awards expended should be in accordance with the guidelines established by OMB Circular A-133, as revised. An audit of the recipient conducted by the Auditor General in accordance with the provisions of OMB Ci€°cular A-133, as revised, will meet the requirements of this part. 2. In connection with the audit requirements addressed in Part I, paragraph 1, the recipient shall fulfill the requircnients relative to auditee responsibilities as provided in Subpart C of OMB Circular A-133, as revised. If the recipient expends less than .SSDO,OOfl in Federal awards in its fiscal year, an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, is not required. 1n the event that the recipient expends less than 5500,004 in Federal awards in its fiscal year and elects to have an audit conducted in accordance wit}, the provisions of OM13 Circular A-133, as revised, the cost of the audit must be paid froze non-Pe;deral resources (i.e., dre cost of such an audit must be paid from recipient resources obtained fz'ozn other than Federal entities}. 4. 'fibs recipient may access infozznatiou regarding the Catalog of Federal Domestic Assistance (CFDA} via the Internet at htt :1112.46.245.173/cfda/cfcia.htznl. r7~:r> s~-~t 5 {ov{~~~ DF.P A~;rceznent No. L]/683, Attachment C, Page 1 a#' S PART II: STATE i'UNDED 'i'bis pant is applicable if the recipient is a nonstate entity as defined by Section 2I5.97{2)(zn), Florida Statutes. In the event that the recipient expends a total amount of state financial assistance equal to or in excess of $500,000 in any fiscal year of such recipient, the recipient must have a State single or project-specific audit for such fiscal year in accordance with Section 215.97, Florida Statutes; applicable rules of the Iaepartrnent of Financial Services; and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. EXHIBIT 1 to this Agreement indicates state financial assistance awarded tlaraugh the Department of Environmental Protection by this Agrecnaent. In determining the state financial assistance expended in its fiscal year, the recipient shall consider all sources of state financial assistance, including state financial assistance received frazn the Departzrrent of Environmental Protection, other state agencies, and other nonstate entities. State financial assistance does not include federal direct or pass-through awards aazd resources received by a nonstate entity for federal program matching requirements. 2. In connection with the audit requirements addressed in Part II, paragraph 1; the recipient shall ensure that die audit complies with the requirements of Section 215.97(7), Florida Stattirtes. This includes submission of a financial reporting package as defined by Section 215.97{2), Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-pra£it organizations}, Rules of the Auditor General. If the recipient expends less than X500,000 in state financial assistance in its fiscal year, an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, is not required. in the event that the recipient expends loss than $500,000 iz~i state financial assistance in its fiiscal year, and elects to have aia audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of the audit must be paid from the nnn-state entity's iesoui-ces (i.e., the cost of such an audit must be paid frozxi the recipient's resources obtained fron~€ other than State entities). f'or information regarding the 1"]orida Catalog of State financial Assistance (CSfA), a recipient should access the Florida Single Audit Act website located at l~tti~s://apps.fldfs.can~lfsaa for assistance. In addition to the above websites, the following websites may be aaccessed for information: Legislature's Website at htt :/lwww.le .state.f7.us/Welcomelindex.cfm, State of Florida's website at littp:lhyww.myi7orida.cozn/, Department of Financial Services' Website at http:/l~vww.fldfs.cozn/ and the Auditor General's Website at htt al~vww.state.fl.uslaud en. PART III: OTIII+,R AUDIT REQUIREiVIENTS ~NO~~: TI?L.S f7Gll"l ]-VVr.lld l78 Lr,SL'd t0 SfJeCr~~ Cr7'!•~ C1Cld1ltD77Gal GlaldLt 7"eCfLll]"L~IS'rCntS 17?Yf7C1SCCI by tI1C StlatL> l1YS'Crl''Glll?A C'iltlt]' that !r7°e solely ~ I~urttel• of tlzut State atii>!lrrlin~ er:tit~%s f3olicy (i.e., tlae crttdit is n-ot r•ecjuir"eel by~ I'erleral or• Strlte (arts Gard it not in con-flirt Y~~ith other h'ederctl yr State G1Lrdit 7"L>cfuir°Bment,S). halrscaarrt to Sectivr2 215.7(8), Floa•iGlca ,S"tatutes, State age7cies nzcl>> ea~duct or• carr•a7age fvr craldits of Stclte fi77aaxcilll assistcn~ce that cv^e' itt crddltinn to aucdits condtrrauC i7~t aeoorrCGrrzce ]a,ith Sectioar. 215.97, Flot"iGlGl Statutes. In Balch carp e]%ent, the State llYVarlli7~g Grpency nrtrst af'7°Gange,fva°.f rndinb tlae full cost of such carldrtioncrl Gztldits.) PART IV: REPORT SU$1vIISSION Gapi~;s oi'reporting packages far audits conducted in accordance with OMB Circular A-133, as revised, and required by PART I of this Attachzrient shall be submitted, when required by Section .320 (d}, OMB Circular A- L 33, as revised, by or on behalf of the recipient dia ectly to each of the following: DEP 55.2I5 {02107) DEP Agreement Nn. Yn,E683, Attachment C, Page 2 of S A. The Department of Environmental Protection at the following address: Audit Director Florida Department of Environcraental Protection Office of the Inspector General, MS 40 3800 Commonwealth Boulevard Tallahassee, Florida 32399-3000 B. The Federal Audit Clearinghouse designated iza OMB Circular A-133, as revised (the number oi' copies required by Sections .326 {dj(1} and (2j, OMB Circular A-133, as revised, should be submitted to the Federal Audit Clearinghousej, at the following address: Federal Audii Clearinghouse Bureau of the Census 120]. East 10th Street .leffersonville, IN 47132 C. Other Federal agencies azzd pass-thz°ough entities izz accordazz:ce with Sections .320 (c;) az~d (~, OMB C1rCLZlar A-133, as revised. Pizrsuazat to Section .3200, OMB Circular A-133, as revised, the recipient shall subzz~it a copy of the reporting package described in Section .320{c), OMB Circular A-133, as revised, aazd any management letters issued by the auditor, to the Department of Environmental Protection at th.e following address: A~zdit Director Florida Department of Environmental Protection O£fice of the Inspector General, MS 40 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 Copies of financial repozfiing packages required by PART II ol'this Attachment shall be submitted by or ozz behalf of the recipient directly to each of the following: A. The Department of Environmental Protection at the Following address: Audit Director Florida Department of Environmental Protectiaza Ofliee of the Inspector General, MS 40 3900 Comn~on~vealth Boulevard Tallahassee, Florida 32399-3000 B. The Auditor General's Office at the following address: State of Florida Auditor Genez•al Roo€n 401., Claude Pepper Building 111 West Madison Street Tallahassee, Florida 32399-1450 REMAINDER OF PAGE 17VTLNTIONALI.Y LIMFT BLANK DLT~ 55-2CS (02107) DEP Agreezvent Na. LE6~3, Attaclizncnt C, Wage 3 of 5 Copies of reports or management letters required by PART III of this Attaclanae€at shall be submitted by or on behalf of the recipient directly to tlae Dcparlnaent of Environmental Protection at the following address: Audit Director Florida Depa€•tznezat of Environmental Protection Office of the Inspector General, MS X10 3900 Commonwealth Boulevard T allalaassee, Florida 32399-3000 Any reports, management letters, or other information €°equired to be submitted to the Department of Envirozanaenta] Protection pursua€at to this Agreement saal] be submitted timely in accordance with OMB Circula:• A-133, I°lorida Statutes, or Chapters 10.550 (local Bove€•nmental entities) or l0.bS0 (nonprofit and for-profit organisations), Rules of the Auditor General, as applicable. E. Recipients, when submitting fi€aancial reportiza~; packages to the Department of Envirozamezatal Protection for audits done in accordance with. OMB Circular A-133, or Chapters 10.550 (local gover€azaaental entities) or 10.650 (nonprofit and. for-profit organizatio€as), Rules of the Auditor General, should indicate the date that the reporting package was delivered to the recipient in correspondence accompanying the reporting package. PART V: RECORD RETENTION The recipient shall retain sufficient records demonstrating its compliance with the terms of this Agreeznezat far a period of S years from the date the audit report is issued, a€ad shall allow the Department of Environmental Protection, or its designee, Chief financial Officer, or Auditor General access to such records ~zpon request. Tlae recipient shall ensure that audit working papers are made available to the Department of Environmental Protection, or its designee, Chief Financial Officer, or Auditor General upon request for a period of 3 years from the date the audit report is issued, unless extended in wz°iting by tlae Department of Environmental Protection. 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A u 0 r~ w rn d~ ua 0 0 eo c+~ ao rn N p- ~.. 0 m X W Q O Z Cl. m C3 0 -a U X W 0 Z [L O ~ ~ ~ ~ rs~ ~ > j ~ ~ j ~ ~ ~ ~ ~' ° t~ o ro ~ ~ o .~ in. © ~" cn .~ _i a, aO~w a~ p ~QQ }~ a Q ~~ p ,~ ~ ~- v ~~~ 0 ~~ ~~ .:~fi ;~ ,, ~: ~ ~ > xs 'r ~`~;r ~~ ~.{ ~. y h '~,_ I i ~: MEMORANDUM TO: Mayor and City Commissioners FROM: Lula Butler, Community Improvement Director Elizabeth Alpert, Neighborhood Services Administrator THROUGH: David Harden, City Manager DATE: June 29, 2009 SUBJECT: AGENDA ITEM 8.E. -REGULAR COMMISSION MEETING OF .TULY 7, 2009 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG)/HOUSING REHABILITATION GRANT AWARDS ITEM BEFORE COMMISSION Approval is requested for two (2) Housing Rehabilitation grants to be awarded to the lowest responsive bidder. Approval is also requested for a waiver to the Neighborhood Services Division's approved Policies and Procedures that limits bid award to be within 10% of the in-house estimate and to waive the $37,000 maximum grant award established for housing rehabilitation under the Community Block Grant Program in support of assisting the Fisher household. Funding for the projects is through the CDBG Housing Rehabilitation grant. BACKGROUND Approval is requested for two (2) Housing Rehabilitation grant to be awarded to the lowest responsive bidder for the following projects: 318 Washington Avenue / IQ Construction, Inc. / $15,624.00 =Total Rehab Cost: $17,812.89 123 NW 6~' Avenue/CJ Contracting, LLC./ $ 36,542.00 =Total Rehab Cost: $38,422.86 Grant awards are based on the actual cost of the rehabilitation, as determined by the low responsive bidder(s), plus a 5% contingency. Total rehab cost also includes lead inspection, lead abatement, lead clearance, termite inspection, termite treatment, and recording fees. Additional cost may be incurred for lead clearance test(s). The contingency may be used for change orders and all unused funds will remain with the CDBG Housing Rehabilitation program. Inspection of work is done by the Department of Community Improvement's Building Inspection and Neighborhood Services Division. Contracts are executed between the building contractor and the property owner. The City remains the agent and this office monitors all work performed by the contractor, ensuring compliance according to specifications and program guidelines. Pay request forms require both contractor and homeowner's signatures. Grant recipients have met all eligibility requirements as specified in the approved Policies and Procedures. The rehabilitation activities will bring the homes to minimum code requirements by repairing the roof, electric and plumbing systems and correcting other incipient code violations. Detailed work write-ups and individual case files are available for review in the Neighborhood Services Division Office. The Neighborhood Services Division is responsible for ensuring that the housing rehabilitation contracts are awarded to the lowest responsive bidder, as a result of a formal bid process. Therefore, an in-house policy was created to limit awards to the lowest responsive bidder as it relates to the Division's professional in-house estimate. This serves to disqualify unreasonably low bids and therefore protect against the resulting change order requests. In one case, several bids received were below the in-house estimate. Staff comments can be found on the bid information sheet to clarify selection process. FUNDING SOURCE Community Development Block Grant 118-1963-554-49.19 RECOMMENDATION Staff recommends awarding two (2) Housing Rehabilitation grant award(s) to be awarded to the lowest responsive bidder(s). CITY OF' IJELRAY BEACH NEIGE~tBORl~OO©SERVIC€S DIVISION HOti$ING ~tEI~ABILITATION PROGRAM B!D INI=ORMATION SHEET HOME ODUNER: Earlene Basste PROJECT A©DRESS: 318 Washington Avenue DATB OF BID LETTER: DATE OF BID OPENING: April 27, 2009 ~ ~ -.._n,".~ - - - May 22, 20Q9 GENERAL CONTRACTORS ABC General Services, Inc All Phase Contracting, Inc. Brian E. Rego, Inc. Brigcon Construction Services Built Solid Constructicn, LLC CJ Contracting, LLC Citywide Construction Services, Inc. Cordoba Construction Ca. Dakota Construction, Inc. Darcy Gianfriddo, Ina, DECON Environmental & Engineering, Inc. East Coast Restoration Gadsden Property Investment, Inc Grace Construction, Ina, Maywood Construction IQ Constructions, Inc, Jemstone Construction Group, Inc, Joines Construction & Development, LLC L.A.D. Construction, LLC, Lalonde Contracting, Inc. Lelack Construction Maralago Construction Co. NYC Builders, Inc. Precision Construction Group, Inc. Ray Graeve & Sans Construction, LLC South Florida Construction Services, Inc, Sun Band Builders Construction, Inc, In•H~use Estimate: CONTRACTOR AWARDED CONTRACT; BID CONTRACT AMOUNT 5°la Contingency GRANT CONTRACT AMOUNT FUNDING SOURCE Account # IQ CONSTRUCTIONS, INC. 15,624.00 7a1.za ~ 16,405,20 Community Dovelopment Block Grant 118-1963-554-49.19 $ 18,900,00 $ 18, 226, 68 COMMENTS; Project awarded to lowest responsive bidder, Bid is within 10% of in-house estimate. AMOUNT ~~s,yuu.uu iy,oau.uu ~ 17.219.00 ~ 1(,~`JL,~U $ 17,760,00 $ 22,298,00 $ 25,610.00 $ 28,504.00 $ 24,993.00 $ 15,876.00 $ 15,624.00 $ 11,250,00 No bid bond $ 29,600,00 Revised AI&!09 FFM N d ~ w € .~ E of ~ rq m a ~a o` W ~ ~ r ~ .~ V L m ~ C 4 C `a C C d C C U t L C u a a v ~ O C U 'rwJ 'i k ~~ V c C c U ~ F J C L J ~ C ~ ~ N Q N O O ~ ~ ~ _ o o Q 05 N N r~ ~ p ~ N N 3 o W M Q ~ ui a 0 Z W p, ~ ~ w a ~ 2 W ~ ~ ~ ¢ b ~ ~ p ~ ~ m O Q m C¢ q p 0 q 0 p O q ° o o © o o © O ? p J p Q A q Q o 0 0 O "~ 0 O i 0 + 0 4 ti WS F O W '- Cn M O O a v(} N 1~ O 0 M fC V O ~ 4'J N O N ~ S~ ~ O 6~ 4 4' ~t ~ C O ~ P t~ p d- ~ CO N d3 tg va v3 s9 v3 e9 v3 64 V > cH v4 f9 O O Q ° ~ Q O o ° © 4 0 0 0 ~~ r 6 O o ~ O N pp V ~ p 000 p ~ p M V f[1 ~ O ~ try ~ O N M O ~ ~ I~ N O m M c 0 ~ N V ~ 1 p G1 W N c~ N In ~n [h of M rH Hi M b4 M eA a3 b9 fq ° Q o o Q Q 4 Ao 0 0 0 0 o O 6 6 0 ~ e~{ C O p ~ ~ O ~ O ~ 4 N ~ ~ W W ~ Os lp N lt] ~ ~ 40 W ~fJ C] ~ R M r J' d' (ti ~Ci , - ~ [+F ~ 06 ~J ~ F/T H3 e9 v3 vi fR ?' ~ O C ) 1 I i ~P ui O o O o © O O C] ° 0 ° 0 d 0 O 0 ° 0 O 0 O O O 6 0 ~'i t~ O O N o ~ ~ 4'1 r P m f:i N [O O ~ r u'~ N I~ N M N M Q 47 ~ ~ N in N 'd- o m N ~D I~ d- O p? ~ t~J M ~' sh as u~ c9 En tFi w Q O Q O O O O A O 4 A o o G °o O A 4l N O [Q 4"l l N] 47 r ~ NN ~ ~ O O ~iJ N {N4~"Jf N 47 M O ~ O fO0 vy V uj N u'i N vj N o W O Oi D I N S~ O 69 fT (+Y d3 Yr 4 1 VT 69 f Y 6% ~+9 Ff3 by S9 69 b9 ^Y? 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N iq 7A ~ T 2 c c c c a C.C LC (Y c c ~ c c >z ~ ~ N m ~ [n ~ H c0 Q~ O !- N M cF ~ ~ i` W 6~ O N M ~ 4'1 r N N N N N N a a ]] CITY OF DELRAY EEAGH NEIGHBORHflOtl SERVICES DIVISION HOUSING REHAE3ILITATION PROGRAM BID INFORMATION SHEET SID #: 46-2009-NS APPLICANT: Gleo Fisher PROJECT ADDRESS: 123 NW 6th Avanue DATE OF ®ID LETTERS: April 27, 2009 DATE OF SID OPENING: June 1, 2409 GENERAL CONTRACTORS BID AMOUNT BID BOND ABC General Services, Inc All Phase Contracting, Inc, Brian E. Rego, inc. $43,220.00 Yes Brigcon Construction Services Built Solid Construction, LLC Citywide Construction Services, Inc, No Bid CJ Contracting, LLC $36,542.OD Yes Cordoba Construction Co. $43,580.00 Yes Dakota Construction, Inc. $45,518.00 Yes Decon Enviormental Engineering Inc. $54,838A0 Yes East Coast Restoration $48,301.00 Yes Gadsden Property Investment, Inc $30,367.00 Yes Grace Construction, Inc. Haywood Construction lQ Constructions, Inc. $32,380.00 Yes Jemstone Construction Group, Inc. Nc Bid Joiner Construction & Development, LLC L.A.D. Construction, LLC. LeLack Construction $28,621.50 Yes Maralago Construction Co, NYC Builders, Inc. $51,272.00 No Precision Construction Group, Inc, Ray Graeve & Sons Construction, LLC No Bid South Florida Construction Services, tnc, Starmark Properties No Bid * Sun Band Builders Construction, Inc, In-House Estimate: $ 48,636.65 CONTRACTOR AWARDED CONTRACT: t;J Goiitrdcting, LLC BIDICONTRACT AMOUNT : $36,542,00 5%Contingency $ 1,827.10 $ 38,369.10 FUNDING SOU~tCE: Gommunity Development Block Grant Account # 1 1 ~- I u63, r ~ ;.40.'19 3 COMMENTS: Many bids received were below 10°/° limits. 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N N to N v, w a7 O ~ J C C ~+ C C ~ U U ~ C C C C ~ ~+ ~ ~ C C C C C ~ U r N M 'el' u] CO k` ~ ~ Q rc-- Y ~ ~ u7 LfJ t~ 00 07 O r N M C r N N N N N MEMORANDUM TO: Mayor and City Commissioners FROM: Lula Butler, Director of Community Improvement THROUGH: David T. Harden, City Manager DATE: June 29, 2009 SUBJECT: AGENDA ITEM 8.F. -REGULAR COMMISSION MEETING OF .TULY 7, 2009 RESOLUTION N0.28-09/AMENDMENT NO. 1 TO MAINTENANCE MEMORANDUM OF AGREEMENT/FDOT ITEM BEFORE COMMISSION City Commission approval of District Four Transportation and the City of Delray Beach, and irrigation improvements proposed for the 8.427 to Mile Post 8.477. (4) Amendment #1, to State of Florida Department of Maintenance Memorandum of Agreement for landscape US 1 (Federal Highway) State Road 5, from Mile Post BACKGROUND The City entered into the original Maintenance Memorandum of Agreement on February 24, 2004 for State Road 5, (Federal Highway) agreeing to maintain certain landscape improvements within the right- of-way as provided for in the exhibit. The agent for McDonald's Restaurant, located at 1400 S. Federal Highway has been approved to construct a left turn lane from the median as identified in the attached exhibit "A." The improvement, which includes modification of the existing irrigation and landscape materials, constitutes an amendment to the original agreement. RECOMMENDATION Staff is recommending City Commission approval of the District Four Maintenance Memorandum of Agreement for landscape and irrigation improvements proposed for the US 1/State Road 5 from Mile Post 8.427 to Mile Post 8.477 within the City of Delray Beach. SECTION NO.: PERMIT NO.: COUNTY: S.R. NO.: 93D10 2009-L-X96-OOD6 PALM BEACH 5 DISTRICT FOUR (4) AMENDMENT # ONE (I} TO STATE FLORIDA DEPARTMENT OF TRANSPORTATION AND CITY OF DELRAY BEACH MAINTENANCE MEMORANDUM OF AGREEMENT This is Amendment Number One to the Agreement dated February 24, 2004 made and entered into this day of 20~, by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, a component agency of the State of Florida; hereinafter called the DEPARTMENT and the CITY OF DELRAY BEACH, a political subdivision of the State of Florida, hereinafter called the "AGENCY". WHEREAS, the DEPARTMENT and the AGENCY entered into a Maintenance Memorandum of Agreement dated February 24, 2004 for State Road S wherein, the AGENCY has agreed to maintain certain landscape improvements within the right-of--way of State Road 5 as provided by EXHIBIT A of that agreement. WHEREAS pursuant to paragraph 9 of the Agreement dated February 24, 2004 the AGENCY may construct additional landscape and/or hardscape within the limits of the rights-of--way identified as a result of this documerit, subject to the fallowing conditions: (a} Plans for any new landscape shall be subject to approval by the DEPARTMENT. The AGENCY shall not change or deviate from said plans without written approval by the DEPARTMENT. (b} All landscape and irrigation shall be developed and implemented in accordance with appropriate state safety and road design standards. (c) The AGENCY agrees to comply with the requirements of this Agreement with regard to any additional landscape installed at no cost to the DEPARTMENT. WHEREAS, the AGENCY intends to conshuct/install landscape and irrigation as described in Exhibit B; WHEREAS the DEPARTMENT requires that the AGENCY maintain all landscape and hardscape improvements installed in the DEPARTMENT'S right of way, and WHEREAS, the parties hereto mutually recognize the need for entering into an Agreement designating and setting forth the responsibilities of each party; and SECTION NO.: PERMIT NO.: COUNTY: S.R. NO.: 93010 2009-L-496-0006 PALM BEACH 5 WHEREAS, the AGENCY by Resolution No. dated attached hereto and by this reference made a part hereof, desires to enter into this Amendment # 1 authorizes its officers to do so; NOW THEREFORE, and in consideration of the mutual benefits to flow each to the other, the parties covenant and agree as follows; 1. The AGENCY shall construct hardscape including modification of existing irrigation system as needed to ensure all landscape materials receive 100% coverage- with 50% overlap. Hardscape shall also mean installation of new heads, pipe without exceeding the existing system capacity as specified in the enclosed plans, attached as Exhibit B at the location specified by Exhibit A attached hereto. 2. In addition to the maintenance requirements of the original agreement, the AGENCY agrees to maintain the new landscape and irrigation between M.P. 8.427 and 8.477. The AGENCY agrees to maintain new plantings and irrigation as provided in original agreement. Therefore, this Amendment extends the limits of the original agreement. See attached Exhibit A 3. In addition to the maintenance requirements of the original agreement, the AGENCY agrees to maintain the landscape and hadscape described herein which was not specified in the original agreement in accordance with the attached Exhibit C. Except as hereby modified amended, or changed, all of the terms and conditions of said original agreement and any amendment thereto will remain in full force and effect. 2 SECTION NO.: 93010 PERMIT NO.: 2009-L-496-0006 COUNTY: PALM BEACH S.R. NO.: 5 In Witness. Whereof, the parties hereto have executed with this Amendrr~ent effective the daY year written and approved. City of Delray Beach A municipal corporation BY: ..C~~Ag~ ~C.C~ City Clerlc Date Approved as to form and Isgal su#ficiency: Y• ,ity ~tt~rn~ ~~~~~~ g State of Florida Department Department of Transportation BY: District Secretary District General Counsel Date 3 SECTION NO.: PERMIT NO.: COUNTY: S.R. NO.: EXHZB~T A I. PROJECT LOCATION: State Road 5 from (M.P. 8.427} to State Road 5 (M.P. 8.477} II. PROJECT LIMITS OF MAINTENANCE; State Road 5 from (M.P. 8.427} to State Road S (M.P. 8.477) III. PROJECT LOCATION MAP OF AGENCY'S MAINTENANCE BOUNDARIES: z 0 a r m r 0 D 0 z rn n C4~1, 93010 2009-L-496-0006 Palm Beach 5 SECTION NO.: PERMIT NO.: COUNTY: S.R. NO.. EXHIBIT B PROJECT PLANS 93010 2009-L-496-000G Papa Beach 5 The Department agrees to install the Project in accordance with the plans and specifications attached hereto and incorporated herein. Please see attached plans prepared by: Scott McClure, McClure Landscape Architecture, Inc. Dated: 5127/09 EXH~BYT C SUCTION NO.: 93aIo PERMIT NO.: 2009-L-49G-0006 COUNTY: Palrn Beach S.R. NO.: 5 MAINTENANCE PLAN Landscape Improvemen#s Project State Road No(s): SR 5 Project Limits: Median in front of the existing McDonald's located at 1400.5 Federal Highway IH'M No(s): NIA Maintaining Agency: City of Delray Beach RLA of Record: Scott McClure, Fl Reg. GG66695 Date: 511/09 I. General Maintenance Re uirements and Recommendations: The purpose of a plan for the landscape improvements maintenance practices is to allow the plant material on your project to thrive in a safe and vigorous manner while fulfilling their intended purpose and conserving our natural resources. Plantings and all other landscape improvements shall be maintained to avoid potential roadway hazards and to provide required clear visibility, accessibility, clearance, and setbacks as set forth by Florida Department of Transportation (FDOT) governing standards and specifications: FDOT Desagn Standards, FDOT Plans Preparation Manual [rol. 1, Chapter 2.11 and FDOT Standard Specafacations for Road and Bridge Construction as amended by contract documents; and all other requirements set forth by the District 4 Operations Maintenance Engineer, The initial portion of the Maintenance Plan desGr~bes general maintenance requirements and recommendations. The concluding section is recommendations prepared by the Landscape Architect of Record specific to the attached approved plans. Wafering Requirements: Watering is a critical concern for not only the maintenance of healthy plant material but also for observing water conservation practices. The amount of water to apply at any one time varies with the weather, drainage conditions and water holding capacity of the soil. For plant materials that have been established, it is imperative that any mandated water restrictions be fully conformed to on FDOT roadways. Proper watering techniques should provide even and thorough water dispersal to wet the entire root zone, but not saturate the soil or over-spray onto travel lanes. Irri ation S stem: The Agency shall ensure there are no roadway overspray or irrigation activities during daytime hours (most notably "rush hour" traffic periods}. It is imperative the irrigation controller is properly set to run early enough that the watering process will be entirely completed before high traffic periods, while adhering to mandated water restrictions. To ensure water conservation, the Agency shall monitor the system for water leaks and the rain sensors to ensure they are functioning properly so that the system shuts dawn when there is sufficient rainfall. Inte rated Plant Mana ement: An assessment of each planting area's soil is recommended to periodically determine the nutrient levels needed to sustain healthy, vigorous plant growth. Palms, shrubs, trees and turf areas shall be fertilized in such a manner and frequency to ensure that the plant material remains healthy and vigorously growing. Establishment of an integrated plant management program is encouraged to ensure healthy plants, which are free of disease and pests. Mulching• Mulch planting beds in such a manner as to: prevent weed growth; retain moisture to the plants; protect against soil Pruning• All pruning, and the associated safety criteria, shall be performed according to American National Standard Institute ANSI A300 standards and shall be supervised by an International Society of Arboriculture (ISA} Certified Arborist. Pruning shall be carried out with the health and natural growth of plant materials in mind, and to specific pruning heights maintaining clear visibility for motorists, and vertical clearance for pedestrian, bicyclist, and truck traffic where applicable. Visibility windows must be maintained free of view obstructions and all trees and palms (with particular attention to fronds and fruit) maintained to prevent potential roadway and pedestrian hazards. The specific pruning heights are determined by understanding the designer's intent when selecting and placing the plants. The intended mature maintained height and spread of plants should be Hated on the planting plans. (See Specific Requirements and Recommendations per Approved Landscape & Irrigation Design far these guidelines}. The understory plant materials selected for use within the restricted planting areas (Limits of Clear Sight) of the medians are to be maintained a# a height in compliance with FDOT Design Standards Index 546, Page 6 of 6, Window Detail. Vertical tree heights must meet FDOT Maintenance Rating Program (MRP) standards. Staking and Guying: All staking materials, except for replacements, are removed by the completion of FDOT warranty period or at one year (whichever comes first}. Any subsequent s#aking and guying activities by the Agency must adhere to FDOT Design Standards guidelines (See Index 544). The Agency shall closely monitor staking and guying attachrrzent materials so that they are securely fastened to avoid potential roadway hazards. Tarf Mawin2- All grassed areas are to be mowed and trimmed with sufficient frequency to maintain a deep, healthy root system while providing a neat and clean appearance to the urban landscape. All turf efforts: mowing, curblsidewalk edging, and turf condition must meet FDOT Maintenance Rating Program (MRP). Litter Control: The project site shall remain as litter free as practicable. It is recommended to recycle this litter to avoid unnecessary waste by its reuse. Litter removal efforts must meet FDOT Maintenance Rating Program (MRP) standards. Weeding/Herbicidc: All planting areas shall be maintained as weed free as practicable enlisting integrated pest management practices in areas specified on the plans and by maintaining proper mulch levels. Extreme care is recommended if using a chemical herbicide to avoid overspray onto plant materials. Any damage resulting from overspray is the applicator's responsibility to restore the plantings to the approved plans. Plant Replacement: Plant replacement shall be the same species and specification as the approved plan. Move and replace all plant materials that may conflict with utility relocations and service. Only plants graded Florida #1 or better, per the Florida Department of F(griculture and Consumers Services, Grades and Standards for Nursery Plants are permitted on FDOT roadways. Should it become necessary to change the species, a general use permit is required from FDOT for approval by the FDOT Distxict Landscape Architect. Hardscape (Specialty Surfacing}: All specialty pavers and tree grates shall be maintained in such a manner as to prevent any potential tripping hazards and protect damage to the pavers and tree grates. Final surface tolerance from grade elevations shall, at a minimum, meet the most current Interlocking Concrete Pavement Institute (ICPI), Section 23 ICI I3 Interlocking Concrete Pavers, Part ~.OS. If the pavers or tree grates became damaged, they shall be replaced with the same type and specification as the approved plan. Hardscape (Non-Standard Travelway Surfacing}: It shall be the responsibility of the AGENCY to restore an unacceptable ride condition of the roadway, including asphalt pavement, caused or contributed by the installation or failure of non-standard surfacing, and/or the header curb, on the Department of Transportation right-of--way within the limits of this Agreement. Pavement restoration areas or "patches" will have a minimum length of 10-ft, measured from the edge of the header curb, and a width to cover full lanes for each lane affected by the restoration. C:1Documents and Settingslmt410st1Local Settingsl""Temporary Internet FileslContenLOutlook18AG3B7IN1Delray Beach Median MMOA Exhibit (2).doc Pavement restorat~an will be performed in accordance with the most current edition of the FDOT Standard Specifications for Road and Bridge Construction, and the FDOT Design Standards for Design, Construction, Maintenance and Utility Operations on the State Highway System. It shall be the responsibility of the AGENCY to maintain all signs located within anon-standard surfacing area. Such maintenance to be provided by the AGENCY shall include repair, replace of the sign panel, post, and base. Hardscape {Landscape Accent Li~t~tn~) Landscape accent lighting shall be maintained in such a manner as to prolong the life of the lighting fixture and prevent potential safety hazards. If the lighting fixtures and their system become damaged, they shall be replaced with the same type and specification as the approved plan. Maintenance of Traffic Control Reference the FDOT website regarding the selection of the proper traffic control requirements to be provided during routine maintenance and 1 or new installations of this DOT roadway. Website: Series 600 Traffic Control through Work Zones http:l/www. dot. state. fl. us/rddesi.gnlDesignStandards/Standards. htm Ve etation Mana ement at Ontdoor Advertisin ODA To avoid conflicts with permitted outdoor advertising, please reference the State of Florida website regarding the vegetation management of outdoor advertising. This website provides a portal to search the FDOT Outdoor Advertising Inventory Managerx~ent System Database, The database contains an inventory of outdoor advertising structures, permits and other related information maintained by the Department. Website: FDOT Outdoor Advertising Database http:/lwww2.dot.state.#7.us/rigbtafway/Default.aspx AIso, reference the Florida Highway Beautification Program website Iink for Vegetation Management at ODA signs for the Florida Statutes and Administrative Codes related to Vegetation Management at Outdoor Advertising Signs and Permit Applications far Vegetation Management and Outdoor Advertising Signs determining Mitigation Value of Roadside Vegetation. Website: FDOT Environmental Management office for Landscape Architects http:l/www. dot. state. fl. us/emo/beauty/FLA. sh tm II. Specific Project Site Maintenance Requirements and Recommendations: PIant selections have been chosen to compliment and mirror existing plant materials used in adjacent roadway mediums as well as within adjacent rights of ways. Materials are of a native and drought tolerant species mix. Large shrub species ie. Tibuchina and Silver Buttonwood shall be maintained below 4' in height. Medium shrubs ie. Green Island Ficus shall be maintained below 30" in height. Ground covers such as the Wort Fern and Parsons Juniper shall be maintained at a natural height below 18". Montgomery palms, Roebellini palms, Silver Buttonwood trees, Crepe Myrtle trees and Jatropha shall be periodically pruned to remove any dead wood, crossing branches, dead or hanging fronds. The design layout shall be maintained as planned to ensure visual interest, design consistency within the city's green areas and sight visibility per FDOT standards. C:1Docnments and Settings1mt410st1Local SettingslTemporary InteEnet FileslContent.Outlaok18AG3B71NIDelray Beach Median MMOA Exhibit (2).doc RE1~ ERENC)l;S This reference list is provided as a courtesy. The list may not contain the most current websites. The most current references must be accessed for up to date information. American National Standard Institute, ANSI 8300, (Part 1) for Tree Care Operations ?Tees, Shrub, and Other Woody Plant Maintenance-Standard Practices (Pruning, available for purchase http: //www.treespecial fists.com/pdfslpruningstandards.pdf Florida Department of Agriculture and Consumer Services, Division of Plant Industry, Florida Grades and Standards for Nursery Stock, available for purchase http:Ilwww.doacs.state.fl.us/pilplantins~/publications.html Florida Department of Transportation, FDOT Design Standards for Design, Construction, Maintenance and Utility Operations on the State Highway System, Index 544 Landscape Installation http:l/www. dot. state.fl .us/rddesi gnlyd/RTD 5/08/544.pdf Florida Department of Transportation, FDOT Design Standards for Design, Construction, Maintenance and Utility Operations on the State Highway System, .Index 546 Sight Distance at Intersections httpalwww.dot.state.fLus/rd desi gnlydlRTDS108/546.pdf Florida Departtx~ent of Transportation, FDOT Design Standards for Design, Construction, Maintenance and Utility Operations an the State Highway System, Index 700 Roadside Offsets http:l/www. dot. state. fl.us/rddesign/rd/RTDS/0 81700.t~df Florida Department of Transportation, FDOT Plans Preparation Manual (PPM) Vol. 1 Chapters 2.11.5, Horizontal Clearance to Trees; Table 2.11.9 Horizontal Clearance and Clear Zone; Figure 4.1.2 Clear Zone; and Table 25.4.11.1 Clear Zone Width (feet) and Table 25.4.14.6 (for existing,} trees http:llwww.dot.state.ff.uslyddesignlPPMManua112008Nolume 11zChap02.~df Florida Department of Transportation, FDOT Standard Spec fcations for Road and Bridge Construction, Section 580 Landscape Installation http:l/www.dot.state.fl.us/specif cationsoffice/ImplementedlCurrentBKlCurt-erztSpecs1580.pdf Florida Department of Transportation, Maintenance Rating Program Handbook http:llornbnet.dot.state,fl. uslprocedureslbinl850065002. pdf Florida Department of Transportation, Landscape Architecture Website http:l/www.dat.state_fl.us/emo/beauty/beau ..shtm Interlocking Concrete Pavement Institute (ICPI) http alwww.icpi.org_/ httpalwww.fisstate.org International Society of Arboriculture (ISA) www.isa-arbor.com Manual on Uniform Traffic Control Devices http:l/www.mutcd.fhwa.dot.goy Florida Irrigation Society htt :/Iwww.lisstate.ora Florida Department of Community Affairs (FCA), Florida Board of Building Codes & Standards, Florida Accessibility Code for Building Construction httpalwww.dca.state.f(.uslfbclnublications/l nublications.htm C:1Documents and Settings1mt410st1Loca1 SettiugslTemporary Internet FileslContent.Outlook18AG3B7IN1Delray Beach Median MM~A Exhibit (2).doc Guide to Roadside Mowing and Guide to Turf Management, available for purchase http:/linfonet.dot.state.fl.us/Su~t~ortServicesOffice/plist.htm Accessible Sidewalk Videos {ADA) htt~a/www.access-board.~ovlnews/sidewalk-~ideos.htru C:1Documents and Settings1mt410stli.ocal SettingslTeznporary Internet ~'ileslContent.Outlookl$AG3B71NIDelray Beach Median MMOA Exhsbit {2).doc RESOLUTION NO. 28-09 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, APPROVING AMENDMENT #ONE (1) TO THE MAINTENANCE MEMORANDUM OF AGREEMENT DATED FEBRUARY 24, 2004 FOR ADDITIONAL LANDSCAPE AND/OR HARDSCAPE IMPROVEMENTS WITHIN THE RIGHT-OF-WAY OF STATE ROAD 5 AND AUTHORIZING THE EXECUTION OF THE AGREEMENT. WHEREAS, the City of Delray Beach, Florida, desires to approve the Amendment #One (1) to the Maintenance Memorandum of Agreement dated February 24, 2004 for additional landscape and/or hardscape improvements within the right-of--way of State Road 5; and WHEREAS, the City Commission authorizes the execution of the Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. The City Commission of the City of Delray Beach authorizes the entry into the Amendment #One (1) to the Maintenance Memorandum of Agreement dated February 24, 2004 between the City and the Florida Department of Transportation and authorizes the execution thereof. Section 2. That the recitals set forth above are incorporated as if fully set forth herein. PASSED AND ADOPTED in regular session on this the day of , 2009. MAYOR ATTEST: City Clerk Res No. 28-09 MEMORANDUM TO: Mayor and City Commissioners FROM: Lula Butler, Director of Community Improvement THROUGH: David T. Harden, City Manager DATE: July 1, 2009 SUBJECT: AGENDA ITEM 8.G. -REGULAR COMMISSION MEETING OF .TULY 7, 2009 NEIGHBORHOOD STABILIZATION PROGRAM 2 (NSP2) APPLICATION SUBMITTAL ITEM BEFORE COMMISSION Staff is requesting City Commission authorization to submit an application through the competitive process for funding under the Neighborhood Stabilization Program 2 (NSP2), under the American Recovery and Reinvestment Act (RRA) 2009. Staff is proposing to apply under the Delray Beach/Boynton Beach Consortium for a funding allocation in the amount of $20,000,000. BACKGROUND The NSP2 opportunity was noticed by the Department of Housing & Urban Development on May 4, 2009; the deadline for receipt of applications is July 17, 2009. The purpose of the program is to stabilize neighborhoods whose viability has been and continues to be damaged by the economic effects of properties that have been foreclosed on and abandoned. The program principals retains the distinctive requirements of the CDBG program inclusive of all federal regulations, financial accountability, local citizen participation, compliance to CDBG national objectives and the requirement of low and moderate income benefit. All NSP2 funds must provide benefit to persons whose income does not exceed 120% of the area's median income and at least 25% must be used to house individuals and/or families whose incomes do not exceed 50% of the area's median income. We are applying as the Delray Beach/Boynton Beach NSP2 Consortium for $20,000,000 to be utilized as the activity of "Financing Mechanism" and allocating 10% of the total award for program management and administration. The City of Delray Beach will be the lead entity in the Consortium, assuming overall responsibility for ensuring that the program is carried-out in compliance with all NSP2 requirements. The Delray Beach/Boynton Beach NSP2 Consortium will include the CRA's of both municipalities; Habitat for Humanities of South Palm Beach County; Delray Beach Community Land Trust; Delray Beach CDC; Boynton Beach CDC and the Delray Beach Housing Authority. The City's targeted geography is selected based on the census data provided by HUD, which compared foreclosure and vacancy scores. The selected neighborhoods qualifying under the statistical data with minimum scores of 18 for foreclosure and 15 for vacancy & foreclosure include the following: Neighborhood Census Tract Foreclosure Vacancy & Foreclosure OsceolaPark 65.02 18 18 Chatelaine 66.04 20 15 DelrayShores + Rainberry 66.05 19 15 Woods NW Neighborhood 67.00 20 17 Woods of S. Ridge + 68.01 20 16 SW Neighborhood SW Neighborhood 68.02 20 17 Lavers & Tropic Palms 69.06 20 16 Under the "Financing Mechanism," the Delray Beach/Boynton Beach Consortium will establish a local "Housing Trust Fund" to provide first and/or second mortgage assistance utilizing NSP2 funds. The application will set for the maximum sale prices, terms of loans and other requirements necessary to carry out this activity. One hundred (100) or more units will be financed with 30 of these units guaranteed to be sold to households with income that is at or below 50% of the area median income. The remaining 70 will be sold to households whose income is between 51.0% and 120.0% of the area median income. I am attaching the Memorandum of Agreement that is required to be executed between the Consortium partners for your review. The City of Boynton Beach Commission will be considering a similar item from its staff at their regular meeting on July 7. RECOMMENDATION Staff is recommending that the City Commission authorize staff to submit an application through the competitive process for funding under the Neighborhood Stabilization Program 2 (NSP2), under the American Recovery and Reinvestment Act (RRA) 2009, in the amount of $20,000,000 as the Delray Beach/Boynton Beach NSP2 Consortium. -^ 1 ,, ] Z~elrcxy ~3~cxch,~Bc~ynton Beach NSP2 Co~aso~tiurn proposes to apply for $20,000,000 in NSP-2 funding to be utilized in the following eligible categories: Financing Mechanisms: $18,000,000 Program anageent and Administration: $2,000,000 Citizens may submit comments regarding the proposed application and proposed used of funds i writing to the City of Delray Beach., 100 N lit Avenue, elray Beach, FL 33444. The deadline for public comment is July 13, 2009. In accordance with. the provisions of the A, this ad can be requested in an alternate fo at. Contact the City of Delray Beach at 561-243-7282. MEMORANDUM OF AGREEMENT Consortium Partners for a Neighborhood Stabilization Program 2 (NSP2) Grant Application THIS AGREEMENT is made and entered into on this day of , 2009 by and between the City of Delray Beach, a municipal corporation organized and existing under the laws of the State of Florida, herein referred to as the "Lead Member", and the City of Boynton Beach, a municipal corporation organized and existing under the laws of the State of Florida, herein referred to as the "Partner Agency" and other entities identified in Exhibit "A" (collectively referred to as the "Consortium Partners"). The City of Delray Beach, City of Boynton Beach and the Consortium Partners (collectively referred to as the "Consortium") agree to cooperatively carry out the NSP2 program activities as described in the Grant Application submitted to U.S. Department of Housing and Urban Development ("HUD") on or about July 14, 2009 the terms of which are incorporated herein by reference. To establish and implement the NSP2 grant program activities, the Consortium Partners agree to the following: 1. The City of Delray Beach is authorized to act in a representative capacity for all the members of the Consortium ("Lead Member"). 2. The City of Delray Beach in serving as the Lead Member will assume overall responsibility for ensuring that the Consortium's NSP2 Program is carried out in compliance with all NSP2 requirements. 3. Consortium funding agreements ("Funding Agreements") between the City of Delray Beach as Lead Member or with the City of Boynton Beach as Partner Agency for and on behalf of the Consortium Partners will be executed no later than December 1, 2009. The Funding Agreements will describe each Consortium Partners' specific activities under NSP2 Program, including timetables for completion, and applicable requirements in Appendix 1 of the NSP2 Notice of Fund Availability issued by HUD on May 4, 2009. 4. The City of Delray Beach will assume all responsibility for environmental review, decision-making, and action for proposed projects on behalf of the Consortium in accordance with the requirements of 24 CFR Part 58. 5. The Consortium Agreement specifically authorizes an internal audit function to be performed by an internal auditor selected or appointed by the Lead Member. 6. This Agreement shall remain in effect until all NSP2 program activities are fully executed and complete by all Consortium Partners. The specific entities who are Consortium Partners and parties to this Memorandum of Agreement are set forth on Exhibit "A". 1 In WITNESS WHEREOF, the undersigned have executed this Agreement the day and year first written. CITY OF DELRAY BEACH ATTEST: By: By: Nelson S. McDuffie, Mayor City Clerk Office of the City Attorney Approved as to form And legal sufficiency By: Date: CITY OF BOYNTON BEACH By: Name: Title: CONSORTIUM PARTNER -VIA CITY OF DELRAY BEACH Delray Beach CRA By: Name• Title: CONSORTIUM PARTNER -VIA CITY OF BOYNTON BEACH Boynton Beach CRA By: Name• Title: CONSORTIUM PARTNER -VIA CITY OF DELRAY BEACH Delray Beach CDC By: Name: Title: CONSORTIUM PARTNER -VIA CITY OF BOYNTON BEACH Boynton Beach Faith Based CDC By: Name• Title: CONSORTIUM PARTNER -VIA CITY OF DELRAY BEACH Delray Beach Community Land Trust By: Name• Title: CONSORTIUM PARTNER -VIA CITY OF DELRAY BEACH Delray Beach Housing Authority By: Name• Title: CONSORTIUM PARTNER -VIA CITY OF DELRAY BEACH Habitat for Humanity -South Palm Beach County By: Name• Title: Exhibit "A" CONSORTIUM PARTNERS City of Delray Beach -Lead Member City of Boynton Beach -Partner Agency Delray Beach CRA -- Through the City of Delray Beach Boynton Beach CRA -Through the City of Boynton Beach Delray Beach CDC -Through the City of Delray Beach Boynton Beach Faith Based CDC -Through the City of Boynton Beach Delray Beach Community Land Trust -Through the City of Delray Beach Delray Beach Housing Authority -Through the City of Delray Beach Habitat for Humanity of South Palm Beach County -Through the City of Delray Beach 4 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: July 1, 2009 SUBJECT: AGENDA ITEM 8.H. -REGULAR COMMISSION MEETING OF .TULY 7, 2009 GRANT APPLICATION/EDWARD BYRNE MEMORIAL .TUSTICE ASSISTANCE GRANT (TAG) FOR FY 2009 ITEM BEFORE COMMISSION The Police Department seeks Commission approval to submit an application for funding through the U.S. Department of Justice's Edward Byrne Memorial Justice Assistance Grant (JAG) Program's 2009 local solicitation (CFDA# 16.738). The funding request, in the amount of $70,375 would support the salary of an officer to staff the Department's Criminal Justice Academy at Atlantic High School. BACKGROUND This solicitation is separate and distinct from the Recovery Act JAG fund application which was submitted in April. It represents a new grant opportunity with an allocation of $70,375 available to our Department by formula. As indicated above, the Department is requesting funding to support the salary of one Police Officer to staff the Criminal Justice Academy. While this program has been a resounding success, it is in jeopardy due to increasingly severe funding restrictions. This funding award would enable the Department to save the program. See attached application for program details. FUNDING SOURCE If awarded, funding would be granted through the U.S. Department of Justice's Edward Byrne Memorial Justice Assistance Grant (JAG) Program. RECOMMENDATION The Police Department recommends approval. Edward Byrne Memorial Justice Assistance Grant Program 2009 LocaU Annual - CFDA#16.738 Delray Beach Police Department Program Narrative Attachment # 1 Program: Criminal Justice Academy at Atlantic Community High School The Delray Beach Police Department requests funding to support the salary of one Police Officer to staff the Department's Criminal Justice Career Academy at Atlantic Community High School. While this program was first initiated in 2002 and has been a resounding success, it is currently slated to be cut due to increasingly severe funding restrictions caused by reductions in local property taxes mandated by the State Legislature and reductions in property values due to the recession. Subsequent to the Department's initial budget request for FY 09-10, the City directed Departments to develop plans to show reductions to their budgets of "no increase" over the prior Fiscal Year and a 5% reduction, respectively. Due to increases in non-discretionary costs (primarily associated with union-contractual obligations), a "no increase" actually equated to a reduction of approximately $2.1 million. In this scenario, the Department outlined the required cuts in a memo to the City Manager dated 05/26/09. A budget showing "no increase" would mean that 23 positions would not be funded in FY 09-10. While the final budget decisions have not been made at the time of submission, communication between the City Manager and the City Commission indicate that additional cuts are inevitable. Given this scenario, the Department is facing additional reductions to our Patrol staff (6 are already unfunded in the current year with the potential of 7 additional unfunded in the upcoming year) and/ or reductions to community 1 programs. Therefore, if outside funding cannot be identified for the Criminal Justice Program at Atlantic High School, it will be eliminated in order to return that officer to road patrol duties. An overview of the Criminal Justice Academy is provided here. It was initiated through a cooperative effort of the Delray Beach Police Department, Atlantic High Principal Dr. Kathleen Weigel, and the School District of Palm Beach County. Since inception, this innovative program has created a valuable partnership between the Police Department, the High School and the Community. The Criminal Justice Career Academy is designed to provide students participating in the program the opportunity to learn about police work through classroom instruction and law enforcement related activities. During the first year of the program, students are given an introduction and an overview of the three major components of the Criminal Justice System: law enforcement, corrections, and the court system. Classroom activities and assignments are supplemented by field trips to the police department, the county jail, and the county court system which provide students afirst-hand look at the workings of Palm Beach County's Criminal Justice System. During the second and third year, students receive specialized training based on the State of Florida's Community Service Officer certification curriculum. If a student successfully passes all the required certification examinations, the student will be qualified to perform the duties of a Community Service Officer. A Community Service Officer employed by this law enforcement agency is an employee who supplements the efforts and duties of a police officer by responding to calls for service such as traffic 2 accidents and delayed reports of crimes and is responsible for the reporting and necessary follow-up of incidents. Second and third year students are also required to participate in weekly physical training and research, and are required to give presentations on current events directly relating to the criminal justice field. A fourth year of study has been supplemented with two new courses, Crime Scene Technology and Criminal Case Law, both added to the program in 2007. Also in the third year of the program, the student's activism in the community begins to take shape. The students begin to meet on a monthly basis after school to formulate ways to fundraise for organizations in need along with seeking ways to assist in the community. Since the implementation of the program, the students have participated in the City's "Paint Up Delray" event held each year. This voluntary community project paints and beautifies a selected home in the city and the student's have been tremendous assets to the effort. It has given the students a sense of community and the knowledge that they can make a difference through simple gestures. During the student's senior year in the program, the students are challenged with a class involving ayear-long Criminal Justice project. Eligible students at this level are also invited to participate in the Florida Public Service Association State Conference. This annual state competition allows high school students in the State of Florida to compete against each other in criminal justice events that range from challenges of academic knowledge to competitions demonstrating required proficiencies. This event has proven to be as important a factor to the students' success as the high grades scored in the classroom. The students' success at competitions permits them to be proud 3 representatives of their school as well as the opportunity to exhibit and apply their knowledge in the criminal justice field. Upon high school graduation, some eligible students are recruited to pursue employment with the Delray Beach Police Department. If a student meets all criteria and successfully passes all the required examinations, the student may be offered an entry- level position as a police dispatcher, police information specialist, or a community service officer. If the student accepts and secures the position with the police department, after completing one full year of employment with the city, the student is eligible to participate in the City's tuition reimbursement program. Three prior student graduates are currently employed with the Delray Beach Police Department. One is a Community Service Officer and two are Communications Specialists. If a student chooses to forego employment with the police department to pursue further education, the student is able to apply the nine credits earned to their college of choice. In addition to the academic content, the program is a "life learning" experience. Beginning with a code of conduct, the students are instilled with the expectation to behave with respect, integrity, discipline and commitment. The role of the Delray Beach Police Department's Officer quickly developed from instructor to mentor, director, role model and, most importantly, student supporter. The Officer's enthusiasm for the program and its participants has had a tremendous impact on the students who are fortunate enough to secure a place in the Criminal Justice Career Academy. This program has taken students who had unclear career paths and inspired them to become police officers or to enter other areas of the criminal justice profession. The Officer established an office at the school so that he is available to the students outside of the 4 classroom. Many students, in and out of the program, seek his advice, direction and guidance on a variety of topics. Two of his students applied for and have been selected to serve on the City's Police Advisory Board. The program's success has been touted by school administrators, who are thrilled, but the real testimony to the program's success is the students themselves. The enthusiasm and success of the students has been contagious. Last year, the program classes filled up so quickly that two additional classes a day had to be added. What began as a class of fifteen in its first year (2002) quickly expanded to thirty students the second year, and the interest and growth has continued at unanticipated rates resulting in capping the program at 318 students for the 2007 school year. The program received national accreditation in 2008. The Criminal Justice Career Academy has been a tremendous influence on the students who participate in the program. In return, participants have been a tremendous influence on the rest of the student population and students have begun to speak to other students on campus about teen violence, drugs and the basics of staying out of trouble. The willingness of the students to get involved and take action has been impressive and directly related to the program. The principal, Dr. Kathleen Weigel, once wrote, "It is impossible to measure the amount of prevention that occurs each day thanks to Officer Rasor. By his mere existence, he influences students to do the right thing through his guidance, counseling, advice and example." The Delray Beach Police Department's Criminal Justice Career Academy has been sought after as a model by many different agencies from around the country. Numerous representatives from various schools and law enforcement organizations visit 5 the program to observe the classroom academics and the curriculum in action. The idea of tapping into the potential of high school students, who will soon be entering the workforce and possibly becoming our next generation of leaders, is now being embraced by other agencies and municipalities. Based on the testimonies of the students themselves and the school administrators, great possibilities have not only been brought to the table, but are being realized because the Delray Beach Police Department was willing to believe and invest in our future. As a result of our ongoing partnership with Atlantic Community High School, many young lives have been positively impacted. Through such innovative programs, and highly skilled police officers, our future is much brighter. It is for these reasons that this Department requests funding support in order to continue to provide this beneficial program. The Department proposes to measure outcomes by documenting the number of FTEs saved (1 is anticipated) and track the number of slots available to students. Due to budgetary constraints at the school board, funding for a second position is no longer available. Therefore, available slots for students are expected to be reduced from a high in FY 08-09 of 318 to 150 in FY 09-10. However, if funding cannot be secured for one officer to staff the program, the number of slots would be reduced to zero. 6 Edward Byrne Memorial Justice Assistance Grant Program 2009 Local/ Annual - CFDA#16.738 Delray Beach Police Department Budget Narrative Attachment #2 Program: Criminal Justice Academy at Atlantic Community High School The following is an outline of estimated project expenses needed to support the Delray Beach Police Department's Criminal Justice Academy. Total project costs are shown along with a breakdown of which costs the City intends to support versus which costs the City is requesting federal funding to support. Requested JAG Funds City Funds PERSONNEL Salary for (1) Career Officer to implement program (costs per budgetary payroll projections for FY 09-10 Per Finance Department): $62,129 FRINGE BENEFITS FICA (7.65% of salary) $ 4,753 Life Insur., Dis., Unemp., EAP (current rate) $ 640 Health Insurance (total $7862, requesting $2853 from federal JAG) $ 2,853 $ 5,009 Police Pension & Retiree Health $ 0 $22,870 TRAVEL Annual conference (in state), 10 students and 2 adult chaperones. Per person cost for 3 day trip estimated to include: $1501odging, $90 meals, $50 Registration, $100 travel. Totals: $390 per person x 12. $ 0 $ 4,680 Field Trip: location TBA Approx. $50 ea. For food/ entrance fee x 150 students $ 0 $ 7,500 SUPPLIES Miscellaneous supplies including: carbon filters for the Crime Scene Fuming Chamber used in fingerprint identification, Promotional Fliers and food, classroom materials and office supplies, fuel for The vehicle, uniforms for the students, and uniform replacements As needed for the officer/ instructor. $ 0 $14,380 Total Estimated Project Expenses: $124,814 Total federal funding requested from JAG: $ 70,375 Total City of Delray Beach: $ 54,439 Edward Byrne Memorial Justice Assistance Grant Program 2009 LocaU Annual - CFDA#16.738 Delray Beach Police Department Budget Detail Worksheet ,Attachment #2, part 2 (Personnel (1) Officer (Fringe (FICA (Life, Dis. Unemp, EAP (Health Insurance (Police & Fire Pension (Retiree Health Trust Subtotal vel Annual FPSA conf. (State) 10 students and 2 adults, approx. $390 ea. (per person est. for 3 day: $150 lodging (sharing rooms), $90 meals, $50 Reg., $100 travel) (Field Trip, approx. $50 ea. For food/ entrar Subtotal ipment (Supplies Carbon Filters for crime scene equip., cost each (Promotional, fliers avg. cost/ quarter (Promotional, refreshments for events Materials, paper, office supplies, textbooks, avg. cost per student Fuel for vehicle, est. per City Garage, annual (Uniforms, avg. cost per student Uniforms for Officer, avg. $37.50 x 4 pieces Subtotal TOTALS $390 $50 $650 $125 $125 $20 $2,080 $50 $37.50 Requested Project Cost Federal Share 62,129 62,129 4,753 4,753 640 640 7,862 2853 5, 20,870 0 20, z,ooo 0 2, 98,254 70,375 27, 0 150 7,500 12,180 0 0 4, 0 0 0 1 650 0 4 500 0 4 500 0 150 3000 1 2080 150 7500 4 150 14,380 124,814 0 0 0 0 0 70,375 7, 12, 3 Edward Byrne Memorial Justice Assistance Grant Program 2009 Local/ Annual - CFDA#16.738 Delray Beach Police Department Review Narrative Attachment #3 Program: Criminal Justice Academy at Atlantic Community High School The JAG 2009 Grant application was submitted 7/1/09 to be placed on the Delray Beach City Commission agenda for the 7/7/09 meeting. Commission meetings are open to the public and a public comment period is provided. Additionally, on or about 7/6/09, the grant application will be posted to the City web-site for public review (which can be viewed at the following link: http: //www.mydelraybeach.camlDelrav/DePamllents/PolicelNews/JAG+BIock+Grant.htm Edward Byrne Memorial Justice Assistance Grant Program 2009 Local/ Annual CFDA# 16.73 8 Delray Beach Police Department Abstract Attachment #4 Applicant Name: City of Delray Beach Implementing Organization: Delray Beach Police Department Project Title: Criminal Justice Academy at Atlantic Community High School The Delray Beach Police Department Criminal Justice Career Academy at Atlantic Community High School was initiated in 2002 through a cooperative effort by the Delray Beach Police Department, Atlantic High School Principal Dr. Kathleen Weigel, and the School District of Palm Beach County. The academy is designed to provide students the opportunity to learn about police work through classroom instruction and law enforcement activities. The purpose of the academy is to develop potential, future police department employees; the program has altered the perception, life ambitions and motivations of the 318 students currently enrolled in the program. The program also provides students a means to achieve academic credit as well as provide opportunities to receive certifications as Community Service Officers and Evidence Technicians. Recently the program received a $24,000 grant from the Palm Beach County School District to purchase a dispatch simulator that would allow the students to become dispatch certified. The students are allowed to assume positions of leadership, serving as organizers, planners, and facilitators. The importance of education is stressed. The Delray Beach Police Department Criminal Justice Career Academy at Atlantic Community High School has received national acclaim; it has become the model for programs of this nature across the country and received national accreditation in 2008. However, due to increasingly severe budgetary restrictions, this program is scheduled to be eliminated if outside funding cannot be identified. Therefore, this Department is requesting JAG '09 funding in the amount of $70,375 to support one officer to staff this important program. MEMORANDUM TO: Mayor and City Commissioners FROM: Linda Karch, Director of Parks and Recreation THROUGH: David Harden, City Manager DATE: July 1, 2009 SUBJECT: AGENDA ITEM 8.I. -REGULAR COMMISSION MEETING OF .TULY 7, 2009 AMENDMENT TO THE RATE AGREEMENT/FAMILY CENTRAL INC. ITEM BEFORE COMMISSION Request approval an amendment to the Agreement between Family Central Inc., and the City of Delray Beach to extend the term through and including September 30, 2009. BACKGROUND The term for the existing contract between Family Central, Inc. and the City of Delray Beach for funding through the Continue-To-Care Afterschool (CTC-A) program is January 1, 2009 through June 30, 2009. Family Central Inc. reimburses the City based on daily attendance per 98 child care slots enrolled in the After School Program. We are requesting approval to amend the agreement to extend the term through and including September 30, 2009 and to increase child care slots to 104. The reimbursement rate is $8.64/day/child for 1/2 days and $18.06/day/child for full days. RECOMMENDATION Parks and Recreation Department recommends approval of the amended agreement between Family Central, Inc. and the City of Delray Beach. ~~ ~ ~~~ l~ f:hae~~~in~; Iives for x li£etirae AMENDMENT TO CONTINUE-TO-CARE AFTERSCHOOL CTC-A RATE AGREEMENT BETWEEN 1=AMiLY CENTRAL, INC. AND CITY OF DELRAY BEACH This is an Amendment to the Continue-to-Care Afterschooi (CTGA) Rate Agreement {the "Agreement") between the FAMILY CENTRAL, INC. ("Family Central") and the City of Defray Beach ("Provider") {collectively the "Parties"' ar each individually a "Party„)- WHEREAS, the Parties entered into the Agreement on January 6, 2009 and WHEREAS, the Parties desire to amend the Agreement to extend the term through and including September 30, 2009. NOW THEREFORE, in consideration of the mutual terms, conditions, premises and covenants set forth in this Amendment, the Parties to this Amendment hereby agree to amend the Agreement as follows: 'l. The foregoing recitals are true and correct and are hereby incorporated by reference herein. 2. Section VII}, Paragraph A on page 7 of the Agreement is amended to read as fallows: A. Tenn. This Agreement is efrective as of the date it is executed by both Parties ,and will automatically terminate nn Setatetnber 3U, 2(109 hereinafter referred to as the "Agreement Period" unless terminated earlier as provided herein. ~. Section V, Paragraph A, on page 5 of the Agreement is amended to read as fallows: Family Central, Inc. • 3111 S, rJixie Highway, suite 222 • West Palm Beach, FL 33A05 1 A. Program Holidays The Provider may observe the following holidays as reimbursable holidays and may not exchange or substitute the named holidays for another day. The Provider may observe two additional holidays during the period from April 1, 2Qg9 throu h June 30 2©Q9 and two additbnal holida s durin the eriod from July 1, 2849 through September 30, 209, that are designated by a municipal or county government nr by the P'rovider`s Board of Directors and that are observed widely among working parents whose children are enrolled in the afterschool program. The additional halidays that the provider chooses may not be changed ar revised during the term of this Agreement. The Provider will be closed an the halidays checked below and on other days as listed. Holidays may not be claimed for a child during a month that the child is not in attendance. Memorial Day and Labor Daa„~are ie paid at a part time rate. Additional holidays selected by the provider may also be paid at the part time rate, depending on the holiday and as determined by f=amily Central or the ELC in their sale discretion. 7'he Provider will be closed and paid for an the following days Ma 25, 2(}09 Memorial Da Jul 3 2009 trade endence Da Se ternber 7 2009 Lobar Da The Provider will also close for the following halidays and time periods. The Provider will rant be reimbursed far these days. Remainder of this page left intentionally blank. Family Central, lnc. • 3111 5. €]ixie Highway, Suite 22.2 • West Palm Beach, 1=t. 334tl5 2 4. Attachment "B", an page 'i 0 of the Agreement is amended to read as follows: ATTACHMENT "B'" SLOT REPLACi"MI=NT: ©iR1=CT REFERRALS TO I"AMILY CENTRAL Pravider has been allocated ~ 'I q4 child care slats to be supported by CTC-A scholarship funding far City of Delray Beach site. In the event that all ~ 104 slots in the site are not filled, slat replacement may be accomplished by the Provider sending a direct referral to Famiiy Cen#ral using the referral form attached as Exhibit A. This direct referral mus# be accompanied by a termination form completed by the Provider on the farm attached as Exhibit B indicating which child is being replaced, as well as the reason for termination. For the period beginning April 1, 2009 through and including Se tember 30 2gg9 ~e~ ~~9, slot replacement can occur whether or not the child being #erminated is receiving CTC-A scholarship funding elsewhere. The Provider understands that during this period, the replacement of either 1 D% of the allocated number of slots above or 1 D slots, whichever is lower, may be approved. The Provider recognizes and agrees tha# there may be a limitation ar temporary freeze of slot replacement allowed per program due to the availability of funds. Nothing herein prevents the Provider from receiving GTG-A funding far a child that was receiving such funding from another provider and transfers to Provider's facility. However, in no event shall Provider receive CTC-A funding for children in excess of Provider's licensed capacity. Fallowing receipt of a referral from a Provider, Family Central will determine the availability of funding and eligibility. Initial eligibility requires tha# a parent(s) is working a minimum of 2D hours per week and their grass family income cannot exceed 3DD% of the Federal Poverty I-evel. Provided that funding is available, the referred parenfilguardian will be contacted by Famiiy Central staff to complete the enrollmen# process. The Provider will be notified that the enrollment process has been initiated. if Family Central de#ermines that the funding is not available ar that the program has utilized its maximum number of approved slat replacements, Family Central will return a voided referral to the Provider. If 1=amity Central determines that funding is available and that a slot may be replaced, Family Central will furnish the Pravider with a written child care certificate for each new child to be enrolled. The authorized enrollment date and reimbursement begins on the effective date of the child care certificate. 5. All provisions of the Agreement and any attachments thereto ~n confljct Wlth this Amendment shall be and are hereby changed to conform to this Amendment. S. Except as modified in this Amendment, all remaining terms and conditions of the Agreement shall remain in full force and effect. This Amendment is hereby made a part of the Agreement. Famiiy Cer~trai, inc. • 3111 S. Dixie Highway, Suite 222 • West palm Beach, Fi_ 33465 PROVIDER: Signature: Name: (please prinf) Title: Date: ~ G~a~saz ~z A~,proved as fo form and legal sufficiency: ~ n $y: -~---~- I City AftArrrey ~' ~` FAMILY CENTRAL, iNC`: Signature: Name: Title: Date: Barbara A. Weinstein, Ed.D. PresidentlChiet Executive officer Family Central, lnc. • 3119 S. Dixie Highway, Suite 222 • West Paim Beach, FL 33405 Ll. MEMORANDUM TO: Mayor and City Commissioners FROM: Robert A. Barcinski, Assistant City Manager THROUGH: David T. Harden, City Manager DATE: June 23, 2009 SUBJECT: AGENDA ITEM 8.,T. -REGULAR COMMISSION MEETING OF ,TULY 7, 2009 SPECIAL EVENT REQUEST/SPADY LIVING HERITAGE DAY ITEM BEFORE COMMISSION City Commission is requested to endorse the 4th Annual Spady Heritage Day to be held on August 22, 2009 from 10:00 a.m. to 10:00 p.m.; to grant a temporary use permit per LDR's Section 2.4.6(F) for the closure of NW Sth Avenue from Martin Luther King, Jr. Blvd. to NW 1st Street; to authorize staff support for security, clean up, and barricading; to authorize City generator use and set up and use of the large mobile stage; and to approve event signage. BACKGROUND Attached are an event permit, site plan, budget and certificate of insurance received from Ms. Daisy Fulton for this event. Staff support has been requested for security, clean up, City generator use, barricading, stage use and signage. Fire support is needed for tent inspection only. The event sponsor will be responsible for event management, vendor approval and entertainment. Total estimated overtime costs for this event are $1,945, stage rental cost is $532.50, signage costs are $250 and trash boxes are $105, for a total cost of $2,832.50. Per Event Policies and Procedures, the charge for overtime and signage would be approximately $865, stage rental $532.50 and trash boxes $105 for a total estimated cost of $1,500. RECOMMENDATION Staff recommends approval of the event, the temporary use permit for the closure of NW Sth Avenue, staff support for security, clean up, City generator use, barricading, stage use and event signage; contingent on the receipt of a Hold Harmless Agreement ten (10) days prior to the event. City of Delray Beach Special Event Permit Application PLEASE TYPE OR PRINT ~~ n ~ i n e ,~IDMli~lST~i S E R V ! ~~p~r~ca Cfty `4p-~ ~~~~ znaE Event Name~'itle: SPGIOa L 1V•1Y10~ ~~ er ~ ~t L#t ~Olt•1 F-PS~"l Va ~ Event Date(s): ~~J~ ,~'~ ~ I~ ..~.pU~ Times: __ 1 U G( ]'V~ ~ I ~ 4~1''~ Event Sponsor/Produeer:._ ,S~r~~ ('~tJ ~~ ra,l ~ f Y i'~dge MUSt~ Event Contaet/Coordinatot : L' ~1dl.Y 1 ~~ ~ 1 e Brief History of Event (If applicable): ~.. -Inn ~ r..-lr ~;rv1 a nsn n nmo . UAr1C Qn, ~u~r,~ i S Planned Activities (Outline of activities/number of activities, i.e. entertainment, children's rides, games, other programs): f3~-I~h ~Yri ~,On ct,,,,~,~)•,•HEQ Trod i-It~ ber ~rvwG~~.~ a~ .~~~~ ions Year !f applica e ~ex-i~e ~~~e~~.us~-, Ys ~ ~,na i ~ Sah~c ~, ;s syryY r~c~i2~ ;~cl~de i fie r,~rf o~ f~acli's ~(a~:nY mss, -~ p~r,~,~ ~ssa Describe the targeted population and expected attendance: •~-l~~ ° C~rti~! ~ , q,„~IQU~ Name: Address: b W ' a t~ 3 Telephone Number; 2~l Q ,~' R K ~ Cellular Number: ~S(o i ,) ~ D 2 • ~~30e3 E-mail Address: C-~ • one r Describe how the program or project addresses community needs: f~yisi`'~~,.a~-~yr~! ~MiS-~or+ Fvt,+,r,~u,s? n~ol a ~ m m ~s oc~ecf-ed ~w-+~e (C •1 r r tv re d: a ~~ i ca ~ 7 v , s f ~-o~ ~.r ~c~.v4-ES I-o S~er~c~~t oa ~a~w Describe your MarketinglPromotions Program (Haw will you ~n radio, posters, flyers, eveb sites, other): ~.1~ l?~P, Pf~n~Me~ ~ ~ ~ u 1•C rUl~ l a` r~'1Cn h ~ R '1>lt i n q..Y1 ~~5 ~ +/19~~ ; n ~rrl~{-tk~ ~ cclx more abD~¢ f~L2 ~ in ~ ion ra S cil~c peel~• Pyc~c.-~S .~ m i.e TV, -f;rt~1 ~r V«.rt~ i0 s ° ~~mm ~S OP~~.P ~ AiSdn .~-~„Q-tr~~~a ~~ Sponsor Category (please check) City ^ Non-Profit/Charitable tra~Private Q Co-Sponsor --Non-Prol'itlPrivate la (IfNOIt j)rofit rritrrclt proof of Sr?Ic(3), c(~4), c(6), C(10), or c(19) or (rl) i,~ Event Location (Describe area boundaries of eventllocation}; i~ t ~l.l ! ~ -~ Site plan attached: yes `~ no (Site pinta reriuired for entire event site. Include locations of fonts, stage, portalets, dutnpsters, portable lighting, and barricade location if applicable.) Rental of Old School Square: yes no / {If yes, attach proof of approval} Private Property Use; yes no / {If yes, attach letter giving authorization from property owner) Event budget attached: yes V no (Reguirerl far rrll eveaats) Previous year Revenue/Expense su~nn~ary attached: yes ~ uo ~ (Required for all events} Do you have cash sponsors for the event: yes f na (Indicated on budget} Da you have inkind sponsors for the event: yes '/ no (Indicated on budget) C:1Documelus and SettingslLisilDesktoplSpeciat Event Permit Application FINAL 9.6.47.doc Serving or selling alcoholic beverages; yes no ~ (Ifyes, copy of license atrr7 alcohol liability irzsurarrce rerlrrirerl two (z) weeks prior to event) Event certificate of insurance attached: yes `~ no (Requr`red twa (2) >veeks prior to evetrf naming the City as arlrlitiorral irrsrrred, also rerlnired for vendors) Playing of amplified music: (Waiver• 1•egtrired) yes ~/ no, Will there be entertainment: yes `~ no (Ifyes, attached list of Performers and/or DJ's) Ifyes, sponsor agrees all entertainment will be~aluily oriented and contain no obscenities: yes no Requesting Police assistance: yes~_ no (traffic control/security} Will supplement ~vith private security: yes no ~ (Ifyes, need plan attached) Requesting Emergenc Medical assista e: yes ~ no Requesting barricade assistance: yes `~ no (If na, hoiv are you handling?) Requesting trash removal/clean up assistance: yes,~~J no (Will be billed to sponsor) Requesting trash boxes/containers and liners: yes ~ no Requesting stage use: yes~_ no (lf yes, elieck type) Large stage (14' x 36') ~~ Small stage {1G' x 21') ~ H;ilf small stage {8' x 21') d Requesting signage: yes _ l/ no Type: 4'x~l'Lvent sign V Parking Signs ~/ Banner hanging L-dieate dates required 1 W~~ ~7YlO l~ . (Waiver rerlrrired if tr:ore tlratt orre (1) weelr prior to eve-zt) Requesting City Portable Generator: yes / no (Ifyes, size & polver) Food and beverage vendors: yes '~ 1>0 If yes, approximate nun>tber '~d (Health Department approval required) yes no C:1DocuEnents and SettingslLisilDes}:taplSpecial Event I'ennit Application FTt~TAI.4.6.07.doc Other vendors: yes ~/ no (Indicate type) ~ ~ ~~ Tents: yes J no, If yes, Ho~v lrurny ?yp What sere or' Size regrrirerl (If yes, tent per'rliitS arlll free irzspectiorzs r~arry be rreerled) Will the event include amusement rides: yes no ~ (If yes, type arul location mrd copy of liability insurance r•egrrired, also requires state license mid irrspectiorr.) Will the event be gated: yes no ~ (Show on-site tnrrp) Will there be a charge for the event: yes no (If yes, indicate ticket prices) Will there be fire~varks or other pyrotechnics: yes no ~/ f (If yes, contact Fire Marshal to obtaru grad corrlplete perraait applicrrfiorr) Will there be cooking with compressed gas: yes ~ no (If yes, contact Fire Mars•lial for it~spectiorrs) Will you be providing port-a-lets for the event: yes `~ no (If yes, locale ora-site r~rap. If rro, eradicate lro>v you will hrrrrdle restrootrr neecls) Is reserved parking requested: yes / no (If yea', indicate locations mrd ptnpose for use) Event Permit Attachments: ~ Revenue/Expense Budget r' Revenue/Expense Recap Last Years Event Site Plan S/ Letter Requesting Noise Ordinance Waiver ,~ .Letter Requesting Waiver Consumption Alcohol Beverages Proof ofNon-Profit Status .~ ~-General Liability Insurance Certificate ~ ~ ~~ Alcohol Beverage Liability Certificate ~ 11 P+ Proof of Rental Agreement or Authorization Lettel' f1'Onl Private Property Owner Hold Harmless Agreement Submittal Date Requirements: • MiI~oI' Event 45 days pI'ior to event • Intermediate Event 90 days prior to event • Major Event 120 days prior to event • Neighborhood Block Party 30 days prior to event C:IT3ocnments and SettingslL.isilDesk[oplspecial Event i'e~nit Application FINAL, 9.6.D7.doc /~~~~ ~ 55 Event Co>;~trac r/for iuator \ Date Please print: 0~}~ ~ Please enclose the appropriate non-refundable application fee payable to tl>e City of Delray Beach, 100 N.W. lst Avenue, Delray Beach, Florida 33444, Required with permit application. For• Strrff U.se Orr I/~~ 9 ~~ Date Received J Appficatiou fee received $ I~ C:1Dceumenls and SettingslL.isilt]esktoplSpecial I:~~ent Permit Application FINAL 9.6.07.doc ~a a a: ~~ ~~k a ~~ W _ ~ ~~~~~ ~ ~o x a~~~~~ v U ~ p O L W ~ ~ ~a z~ W w ~ ~ ~ ~ ~~ ~ V ~,,, ._~ ~I ~ ., ~ r~ L.~ o o ~ ~~ "~~ a ~~ F Q C3 W W ~' R~~ ~ .L~~,ZS ~LS T 1~L~~I U a ~ c~~ ~~~ ~a a /\ o~ 0 K X S~ / rk X s~ ~. ti 0 b a a w W O z H z ` W I-~ ~..{ I--l U~~ ~~ a °o~ C ~ C o~ 0 X 0 0 C ~~ ~ ~ g ~~ \ / ~ F O ~ uc ~ ~~ ~ ~ ~~ o ~~ , E--{ ~ .~ ~4 V .~ e O ~ w p ~ U~ ~~g a ~~ ~ ~~ W ~ 7 ~ ~ w 0 z xau~o~ saix x 0 c~ ~ .-] W ~x ! ~Nixx~a xoQ~~n x O ~n~zQ xr ~~x u~in~ Nls~~~ Spadv Cultural Heritaae Museum Spady Living Heritage Day Festival IncomelExpenses 2009 I ~ ~ '~ I :Income ___a_____._~~~ 1_____._.~____~...~ _ ~ Palm Beach County Cultural Council $22,006 1 Sponsors $8_,500 _I ______ Vendor Fees ~ $1,550 Drinks $2,700 Gift Shop $500 ----- ~ ~ ''k ~ Total ~ ~, $35,256 ': Expenses Rentals Renaissance Park Fee Entertainment DrinkslGift Sho City Fees Marketin ,W Total ', $4, 845 $10, 948 $10,423 $800- _ ~_ ~, $2,224 __ $6,016 -_. _.. $35,256 Rentals $6,935 ~ (Renaissance Park Fee $10,948 Entertainment ~ $9,223 ~ ~ DrinkslGift Shop I $874 I City Fees ~ $2,224 ~ ~ Marketing $4,464 Total j $34,668 ~ V~oor~l~ . ------ ~~ ~OtlN~ C v 1 ~v Yc~1 Cn u ~n c°~ I [ncoine for Spacly Luring [-Ieritagc Day festival 2005 Palm Bead Count}~ Cultural Council $24,000 Com~nunit~~ rotin~lation $10,000 Vendor l~ ees $1,OOl} Tot~il Income $35,000 Thank you [~indly, CharEene Jones a--~ M~ W _~ L 0 0 N 0 f ao a:o'ino oEO'o o:o o:o:~.o o:o:o .4 4i0 t70 O~Q 10- -~OOil~ ]gypp 0:64 K3 - O i 0 i 0: 0 'ip i 0- O: O~ O i i 0:0:0 0 i t± : O O O b :[rioo:d:c*~o. . :v~:O:o:[n~~:u~S~ ~j :tn iM ~f~r- :O ~N:I~ V ':M a=:69:ERN FR:64:d4: 69 ; ER ~ b9 ' O O i O i O: 0 E CO [ O O- Qi4 ~0:0 iC3?C4 ~OO. - O E O S 0 0' O~ ~ ~ Q Q ' ° 0~ O O 0 0 0:0 d '. 0 E BOO 0 ~ ~ OO [Orf ~N ~'O ~ 0'N '~[~ ~p ~[Q [O N:O ~' :C ~7~ N:N V :NCh -EA:FA ~ 69 tV :69: fy D ~fi N:c- V':O ~~: ER 6F? ~ ~ 69 69 EA ER ~ 69 ~. 64 :~ : FA : Efl ~ E9 '~. 69 : ~ 69 '~, ~, i 64 0 4 O Q O O O O O O O ~ O O O O O- ? ~ i '~ O O~ : ? ;O i0 i0 i 0: C7 .'C7:[!'1:0:0 :00 ~00 i0: 0:0 ~~:0:00: :O:O ~ 0 0~ O ~lE?N V iu'1 0[11 :1~~ ~ [nCON?O~f: (~ iu3 ~ Ni N .N;M:64:vs :c-:EH ;N:69: N;t- ~o :w; FR ~ Ff! ~ ~ ~ 64 : 69 ~ 69 : 69 ~ ~, FR : ER : EH : FA fR 0:69 t r 69 ~ ' ~ ~. -O ~ i0 i0 0 ~ I id i ', i 0 iC0 i0 i o I ~ ~I c ~ i N i M I ~ i ' ~ m?~ i 0 1L lL ~ - ~ tJ7 ~ 7 til ~' ~~ ' 1y ' -~ n Q ~' ~ ~ O -~i ':: *U O LS-: ~ U1 L ~ ry a' ~ ~' {U CL U ' : R ~- a ~ . + ~, ~ . ~ ~ z e c vv 4 N .'O. 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Cl~raxsce Vaughn ~. ~ 3~W 4th Avenue nelray 1~Ph &I, 39844 .. 6AT~ pnwuwrY) ~-+~v ven r irr~H I t IS I~SI)EL3 AS A 1~WTTER OF WFORMATION ONLY AND CONFERS NO RlON7S UPON Tl16 CBRTIf+ICAT'E HOLDER. t~llsC6R7fplaATE gOE.S H4TaMSNp, EXTEND oR ALTER T}1E CpVERAQ£ AFFORD>:p $Y THE POUClES 8£I.OW, COMPANY A bdaurkol I>:starnatianal It~~uxar~ca ctlMpwy 8 r~ea~ American Itisuzar~ce I;o~ANy C coMPANY D THIS IS TU CEFtTiFYT}1AY TH1: POUC~B QF 1NSURAHCi: tlSTEtl 6EEOW su... • •••::•:~:~'•:•::•:•:~:•'•:~:'.`~:•:~'~ ... . .............. . ItvgICATED. NOTWiTH V5 @EEN ISSUED 7p THE INSURED NAMED At;gy$ FOR THE POLICY PEIL00 • STANDING ANY RgQUIREMBNT, TERM qR GtlNDITION tlF ANY COrrTRACT DR OTHER DGCUAfE1~rT V'liTki RESPECY Tq VMICN rf{I8 CERTIFICATE MAY @E IsSVED bA MAY PeRTNH, YNE tNSURANCEAFFQRDED BY TN$ pDr.1CIES DesCR10E0 HEREIN t3 SU9JECT TgALE T1fE TERMS, FiXCLU9IDNS AN0 CONDITIONS OF SUCH POUCIEB. LIMITS SNQWN MAY HAHE @EEN REDUCED @Y PAID CLAlA0.$, . LTR ~'~ OF INSURANCE pDL pq~IGY esFEGTNE POLICY expkRAT10N IGY NUMU>=R DATE (A+1wDDlYY) DATE (rAK/DD/YY) ErMTTS 0$NERAI- I.IABIEITY ~ X cor~iMeRCluceN><RxEtlr~luTV ca'eRAI.A~tt:a+TE s x0000011 MIAw05pB41 09/],2/08 09/22/09 PRODUCTS•coMPIOPA(iG s ib0000b CLAIMSU.ADE QbCCUR pE1iq¢NA>.SApytNJURY i ~.Oboobll OWNER'S b CgNTRACTOR'S pADT AU TOMtl9lLC LIAB14ETY Aj~lYAI}Tp, AtL OWNED AUYOS SCHEDULED RUTQS HIRED AUTOS NgN•UWNEti AUTOS gAR AGE EfA9lLTIY ..., - , .. . . ANV AUTO PaSCJ_8S tIA91LIlY UM@RetlA FORM OTHER YHAN UM@RELIA FORM WORKER8 COMPENSATION ANO a?AIPIgYERB' uAeILITY riff PRDPR1tZgRJ ~ INd. pARTNHR8rExbGUTlYH OFFICE:R8AR6~ ~, A Husizaaa>Q 1?exaonml ~~050642 e D}.>^ectors r;, o~~ice EPP6180747 EACHQCCIJRRr?NCi: S 1b00 FtA8 gAA~At38 (Airy me r~ra) i 50 Q0 MED Eitp (Arty one Pe+son) :100 0 Cgki@nvaoSlN6l.eEal1T i 8P on! RY i .. ~q~111,Y INJIFAY per ebaeeixl 4 PROPERTYDA1r44R$ AUTO ONLY - EA ACCIDENT 4 i OTHERTHAI+IAUYUONLY: ~• ~IACC#DEN1r i AGGREQATE EACH oCCURRIrNCH s 4 AGGREt?AT& : f EI. EACHACGDEHT i EL D15LASE • POLICY LIMir i EL DISEASE -$A ~1pE.tlYEe : 09/12/oe b9/i2/o~ contents ~~.5o,obo 07/16/0B 07/1G/09 n&O X1,000,000 z~geum. The City o£ >Qa~acay Beach ie named as Add~.ts.emal, Ynsured City of Delray Hsac~h 100 NpP tat AV@l4uc ~e~Y Aeact~ ~ 3344a SHOULD ANY bfr TH$ ABOVE DescR18ED POLiC1E'~ 8E CANGEU.eD 6EFgR8 THE EXPIAATgi! DATE TrEeREOF, THE i33UING CDMPANYVYIII. ENDEAVOR rO MAp. _" a -DAY$ WR-i'TLN N(fTICE TO THE' CERTIFICATE HOLCI$R HAAAED Y'Q T1i8 I,Ef'I', 9UT pAILUAE 70 GMII, SUCH NDTICR SHALL 1MP0.18 HO 09L1{><AT1pN OR L,IA@ILf1Y OP ANY IpNO UPQN TH$ CphIPAHY. T!S AGf:NT3 bit R6pRES8iJYAYtV$$, MEMORANDUM TO: Mayor and City Commissioners FROM: Robert A. Barcinski, Assistant City Manager THROUGH: David T. Harden, City Manager DATE: June 26, 2009 SUBJECT: AGENDA ITEM 8.K. -REGULAR COMMISSION MEETING OF .TULY 7, 2009 SPECIAL EVENT APPROVAL/MUSICFEST @ THE PAVILION ITEM BEFORE COMMISSION Commission is requested to approve the Special Event permit for MusicFest @ the Pavilion, produced by Old School Square proposed to be held on July 31, 2009 from 7:00 p.m. to 11:00 p.m., on the grounds of Old School Square. Commission is also requested to approve staff support for security and traffic control, Fire Inspection services, site cleanup and trash boxes, event signage and use of French barricades. BACKGROUND Attached are a letter, special event permit, site plan, budget and additional information received from Peggy Murphy on behalf of Old School Square. The purpose of the event is to promote Old School Square and the downtown and to raise funds for Old School Square educational outreach programs. The event site will be fenced and there will be a $10 charge. Entertainment will be provided as well as food and retail vendors. The estimated overtime cost for the event is $1,645 and trash box cost is $85. French barricades will be left on site on Friday before the event on regular time. Based on Special Event Policies and Procedures, charges to Old School Square are estimated at $310. RECOMMENDATION Staff recommends approval of the event and staff support as requested contingent on receipt of a Certificate of Event and Liquor Liability insurance. ~~ ~ ~ ~ ~ ~~ ~C~Mr~rsrR~rrVE ~ERV1C~~ CULTURAL. ARTS CENTER NATIONAL H{STORK SITE June 15, 2049 Robert A. Barcinski Assistant City Manager 100 NW ls` Avenue Delray Beach, FL 33444 Dear Bob: Old School Square is planning to present "MusicFest @ Tire Pavilion", a concert hosted by Square One, in the Entertainment Pavilion on Friday, July 31, 2009. The purpose of the concert is to promote Old School Square and downtown Delray Beach, and to raise funds for OSS educational outreach programs. Anticipated attendance will be about 700, with a gate ticket price of $10. Old School Square requests waiver of the noise ordinance for amplified music, and waiver of the alcohol beverage ordinance. Additionally, we request assistance with trash boxes and liners, trash removal after the event (OSS will clear and bag trash and place in central location for pick up), police security, reserved parking for sponsors and entertainment, French barricades and 4'x4' event signage. Included with the enclosed event permit application is a projected budget, a certificate of liability including liquor liability, proof ofnon-profit status and an event site plan. A copy of the temporary liquor permit will be provided when received by the Division of Alcoholic Beverages & Tobacco. This gated event will consist of entertainment provided by 3-5 local bazids, 3~41ocal food vendors, 2-3 retail merchandise vendors, and sponsor booths. Beverage sales by OSS will include wine and beer sales. A.ll. activities will take place in the center grounds area. Old School Square, inc. 51 North Swinton Avenue Delray Beach, Florida 33444 Phone (561) 243-7922 Fax (561) 243-7018 www.oldschaal.org Please Iet me k~~ow if you need additional information or have any questions. We appreciate your support, and look forward to a great event. Sincelel ~~ ?. f, Peggy ~ y Director of ~er Services pm enclosures City of Delray Beach ~ELRAYBEACH 9 ' Special Event Permit Aii•Americaciiy ~ ~ ; Application ~ ~ PLEASE TYPE OR PRINT 1 ~9s Zoo, Event Name/Title: ~,l USA ~ ~E'S'~ ~ 7/j2 ~G~'/'~ !1Yi Event Dates}; ~I''I` ~ /L ~ / ~I'imes: 7•'l~~ ~ i/.° r~D ~ Event Sponsor/Producer: a~~ ~ /~D ~ ~Q yQ ,r2 Event Contact/Coordinator: U ~J~f/~!S ~.P~U~° ~4 ~ ~ ~I-~~z~-~`~ Name: Address: ~`/ .rGUiS~~r i~v'i`' , 2 ~~t~, i,~~t.c f Y~L .~3 ~S~S~ Telephone Numbers S/3 ~ ~9~~ Cellular Number: -' E-mail Address; r`d r.GVi s' n D /f/S~~ rJG/ .~ IJG~~ _ Brief History of Event (If applicable): Planned Activities (Outline of activities/number of activities, i.e entertainment, children's rides, games, other programs): ~ ~Gt ~ IBS ~d d'~ V Pit G~~ .) Number of Individuals Served Previous Ycar (if applicable}: Describe the tar eted population and expected attendance: City Event Permit 0902Q7 Page 1 of 5 Describe how the program or pr/~oject addresses comLmunity needs/: Describe your Marketing/Pxomotions Program (How will you maxketlpromote, i.e. TV, radio, posters, flyers, web sites, other): Cd~~(.~ ~ ~.s' Sponsor Category (please check} City ^ Non-ProfitlCharitable ~ Private ^ Co-Sponsor -Non-ProfitlPxivate ^ (If 1Von proftt attach proof of SOI c(3), c(4), c(G), C(10), or c(19) or (d) Event Location Describe area boundaries of eventllocation): L'~ c ~ Site plan attached: yes, t/ no (Site plant required for etttire event site. Include locations of tents, stage, portalets, dumpsters, portable lighting, and barricade Location if applicable.) ~1• of Old Sehool Square: yes_~ no (if yes, attach proof of approval} Private Property Use: yes no {If yes, attach letter giving authorization from property owner) Event budget attached: yes~,._ no (Required for all events) Pxevious year RevenuelExpense summary attached: yes_ (Required for all events} Do you have cash sponsors for the event: yes {Indicated on budget} Do you have inlcind sponsors for the event: yes~,0 (Indicated on budget) no~ no no City,Event Permit 0912007 Page 2 of S Serving or selling alcoholic beverages: yes ~ no (If yes, copy of licetrse and alcohol liability insurance required t-vo (2) weeks prior to event) Event certificate of insurance attached: yes no '~ (Required two (2) weeks prior to event naming the City as additio~tal insured, also required for vendors) Playing of amplified music: yes / (Waiver required) "7.'D~~~ ,- ii:'d' ~r1~ Will there be entertainment: yes / no. (If yes, attached list of Performers and/or D3's) If yes, sponsor agrees all entertainment will be family oriented and contain no obscenities: yes, t/ no. Requesting Police assistance: yes`~_ no (trae-e~an~bl/security) Will supplement with private security: yes (If yes, need plan attached) c~s'S s~~t ~ Requesting Emergency Medical assistance; yes no no~.,......_ Requesting barricade assistance: yes / no (If no, how are you handling?) ~'rp~{~. ~, ~~~-y ~ ~ ~(~~ ,{'~ ~t ,~c,c~ ~ ~"e ~ct~~~~ ~-~~' ~'tL C'd ~G-~ ~ -- /~0~~~ l'~~z~`~~t u-~ }i ~yy~ ~-C~r~.~ Requ sting trash removal/clean up assistance; yes no (Will be billed to sponsor) re u-G~'~rt, ~; ~ ~c~c~ uja ~~ f~~~i'~ a~~~ ~i'~2 ~o .~ t COQ cc ~~ d' ~~~ 4S S' , Requesting trash boxeslcontainers and liners: yes~~ no Requesting stage use: (If yes, check type) Large stage (14' x 3fi'} Yes no-~..,_.-- © Small stage (lb' x 21') ^ Half small stage (8' x 2i'} ^ Requesting signage: / yes_ .__~ no Type: 4'x4'Event si n V Parking Signs / Banner hangin Indicate dates required 7/~~D 4 ~ (Waiver required if more titan one (X) -veek prior to event) Requesting City Portable Generator: {If yes, size & power) Food and beverage vendors: If yes, approximate number (Health Department approval required) yes yes no '° no yes no City.E~ent Permit 09/2007 Page 3 of 5 Other vendors: yes no (Indicate type) ,r*P~C~ ~,/ ~~C~~t~ ~~ ~Q ~~~C~`~4_..1`G' t~ Tents: yes no_.._~_ If yes, How rrtany Wlzat size or size required (If yes, tent permits and frre inspections Wray be needed) Will the event include amusement rides; yes no~.........~__ (If yes, type and location rind copy of liability insurance required, also requires state license artd inspection.) Will the event be gated: yes__~_ no (Show on-site map) Will there be a charge for the event: yes no (If yes, indicate ticket prices) ,~/p Will there be fireworks ar other pyrotechnics: yes nom (If yes, contact Fire Marshall to obtain and complete permit application) Will there be cooking with compressed gas: yes / no (If yes, contact Fire Marshall for inspections) Will you be providing port-a-lets for the event: yes no _~_ (If yes, locate ort-site snap. If no, indicate how yot~ will handle restroom needs) Is reserved parking requested; yes,~._.._.. no (If yes, indicate loca~ous and purpose for use) p,Ss ~2~~ p r ~r~y~,, ~~p~-r- /°yl.~~ P ,~'@-- Event ermit ~~~-~' ~~P~~ ~~~`~ Attachments: / Revenue/Expense Budget Revenue/Expense Recap Last Years Event ,~ Site Plan Letter Requesting Noise Ordinance Waiver ~Lettex Requesting Waiver Consumption Alcohol Beverages ,. Proof ofNon-Profit Status General Liability Insurance Certificate Alcohol Beverage Liability Certificate Proof of Rental Agreement or Authorization Letter from Private Property Owner Hold Harmless Agreement Ctty.Event Permit 0912007 Page 4 of S Submittal Date Requirements: ® Minor Event ~S days prior to event ® Intermediate Event 90 days prior to event a Major Event 120 days prior to event ® Neighborhood Block Party 30 days prior to event /~a 9 Event C~' ~t ~ ~r oort~t`natar Da e Please printE/~~'J~...,, ~ 1 se the a Ira riate non-refifndable a lication fee a able to the City of Please enc o pp p pp p y Dehay Beach, 1~0 N.W. 1St Avenue, Delray Beach, Florida 33~4~. Required with pet•~nit application. For Staff Use Oily Date Received Application fee received $ City.Event Pem3it 0912007 Page 5 of 5 _ _ Square One Presents MusicFes# ar7 The Pa~iiion Frida ,Jul 31, 200 ~ ~~ 9 EXPENSES Quanta ' Unit Cost Budgeted Cost ~ Actual __ Subtotal Notes Permitting City Event Permit ~ ~ 1 75.00 75.04 LI uar Licenses - tem 1 25.00 25,00 ~~ AdvertisinglPromotlon __ Postcard 30D 100,DD donated Posters iDD _ 100.00 ~ donated Advertising -Print _ ~~._. Posfa e D ___~__.~ Banners & Si ns 1 100.00 ~~~ Venue Expense ~ 1'encin _ ~ 704.fl0 ~~ __ t=umiture - VIP Decor ~~~ _~......---- Equi ment - concession ~~ .__.~ _Sta e - e ul mentllightin ~~~~ Rentals ~~ _ ~~ Wristbands 2DOD 0.00 _ an hand 1 FoodlBevera e ~ Beor ~~~ 250.00 - Wine 20D.D0 5odalWater iD0.D0 Gus 75.00 ~ ~~_ Staff S Contract 4 Bar#endors 4 0.00 volunteers Securit - DBPD 2 otfcors 32.101hr 34D.D0 Security - 5ta#f ~ 2 slafE 25.OOlhr 400.00 VideolPhotogra~hor _ 1 62.501hr 250.00 _ ~~~~~ Entertainment -Bands 3 7D0.00 200D.D0 Sta a Technician 4 tech 25.fl01hr 600.00 ___~ ____ ~ ~_~ _ Mlscellaneaus - ._~W~~__ 70TAL EXPENSES 4575.00 estimated ~~ REVENUE Quanta Unft Budget Actual~~} ~ Undenwri11ng1Sponsorships ___ ~~~ ~ S,ODD.D4 Ticket Sates - eneral _ 600 10 6,000.00 ~~ Ticket Sales - VIP 150 25 3,650.00 ~~~ __ __ ~~~ Beverage Sales ______ i,00D.D0 Food Vendor % 750.00 Retail Vendor'/° 250A0 ~~~~~-~~- GROSS REVENUE -~ 16,650.00 estimated _.. i NETF2~Vi:NUE 72075.00 esttrnafed MusicFest.073109 page 1 a~ _ .__-_ _ F`~. f i ~fL _ _ -fir _ _ ~ --~ - -- - _ - ~ .. - JLJL U u - - ~- ~-- _ ~} b a .~ ~d _- ' [- - ~~ -- - ~ ~ ,~. , N ~ ~ _ ~ ~ _~ p ~_ ~ ~ ~ ~ LL ~__ i ~~~~~~ N ! 6_ ~ . w - ~' a o. 1 (- __ ~ 1 h ,~ I -_ ~ ~ - - ---a~,~ nl~ Pte' ~,Y/ I - ~_ ~- - m ~ ~ V !~ area --~- ~ M r ~ -' a I ~ ~ o i- a 1 ~ ~ U ~ _~ ~ 1 U ~ ~ ~ __ o ~ i I -~ -. ~v , V ~ , ~ ~ _ ~ - [: = : __ ; ~ - = eve~~ r~s~rc~~rs ~ ~~~ _~ ~ ~ -L C c_ . -- ~ ~ ~ ~ ^ o ~ _ t . ~ IBC _ ~ , ~ __ - a ~ ~ ~ - ~ ~ ~-~t~ ~.~. ma=y ~... .. ~ - - - - c~r~-~ ~ ~_ O ~ ~ .ll ~. --~~ __~_ ~- - __ _ -_ _.m . __ --- _ --_-- - -- - -- - ----- - -- ---~--- - _ -- --- ~X r'~ Presents Redefining Entertainment in South Palm Beach County in support of Oid School Square Old School Srluare, Irrc is a S01(G)(3) rral-fnr•-prq~t colTorrrtion. Gills rrrnrle 1o Okl School Sgurrre, the Crest Tlrerrtre, or Flre Corrrell ,tlrrsetrru rrre trr_r de~hrctible, exclusive ol'l~erre~ts receirerl, to lire e_~~terrt per»ritterl h~~ federnl lasa: Event Contacts: Rocio Davis Development Coordinator E;xt 307 Melissa Carter Director of Marketing & Public Relations ext. 322 Committee: Scott Por#en toe Hepp Lennie smith Drew Tucker Daniel Albertiss Carlos Benitez Joanne Butcher Heather Leck Bryan DeFrances tan Kucera Mimi Miester Tara Sinclair u i ~ h vili Hot Band-fool Drinks-Delrayi Friday, July 31st, 2009 • 7:00 PM -11:00 PM 41d School Square`s outdoor Entertainment Pavilion wHV SPONSOR Old School Square depends upon sponsors and financial contributors to bring art opportunities and events to all segments of the community. Pro- ceeds from this event support visual and perform- ing art programs at the Cornell Museum and Crest Theatre and crucial arts education outreach pro- grams. We thank you in advance for your support in helping us to maintain the cultural and eco- nomicanchor for Downtown Delray Beach. (TICKETS : $ 10 at the Gate or online ~ www.oldschool.org For Exclusive Square One VIP area: Sponsor and Square One Members Only OR Must purchase Square One Mem- bership ($30) and $ 25.40 for entry EXPECTED: 700 plus PROMOTION: Promo cards, online website (www.oldschool.org } bi-weekly e-blasts (database of over 7000), F-vites ,posters, social networking, Old School Square CULTURAL. ARTS CENTER NATIONAL HISTORIC SITE sl Swinton Ave betray Beach FL 33444 561-243-7922 www.oldschool.org N. i.e. Facebook, etc. Delray's Entertainment Society a~ C7SS MEMORANDUM TO: Mayor and City Commissioners FROM: Robert A. Barcinski, Assistant City Manager THROUGH: David T. Harden, City Manager DATE: June 24, 2009 SUBJECT: AGENDA ITEM 8.L. -REGULAR COMMISSION MEETING OF .TULY 7, 2009 SPECIAL EVENT APPROVAL/HAITIAN CULTURAL FESTIVAL ITEM BEFORE COMMISSION City Commission is requested to consider approval of the Haitian Cultural Festival produced by Caribbean Production & Jerome O. Enterprises, Inc. proposed to be held on September 12, 2009 from 3:00 p.m. to 11:00 p.m., on the grounds at Old School Square. Commission is also requested to approve staff support for security, traffic control, event signage, and Fire inspection services as recommended by staff. BACKGROUND Attached is a letter, special event permit, budget and site plan submitted by Hercule Destin, president of the company producing the event. The last time this event was held was in 2003 by another nonprofit group. The proposing producer shows no record of being a nonprofit, therefore, per Event Policies and Procedures, the payment of 100% of City costs is required. The estimated cost for staff overtime is $2,400, event signage $250 and trash boxes $35 for a total of $2,685. Fire inspection services are required since there will be food booths, and a Health Department Inspection will be required as well. French barricades for the stage will be left at the site on Friday to be set up by the event producers. RECOMMENDATION Staff recommends consideration of approval of the event and staff support as recommended with the event producer paying 100% of the cost contingent on the following conditions: 1. Provide the City with a Certificate of Event Liability Insurance by September 1, 2009. 2. Provide the City with a Hold Harmless Agreement by September 1, 2009. 3. Obtain Health Department Inspection. CARIBBEAN PRODUCTION ~~ JLROI~IL+ O, +NTLI2PRZSE, ZNC, 3119 ALBA'"1'ROSS ROAD DI<~LR~1Y BEACH, FL 33444 (754) 242~~.G11 Apri129, 2009 City of Delray Beach Attn: Mr. BarcinsiCi Dear Mr. Barcinslci: Please be advised that the members of Caribbean Production & Jerome O. Enterprises, Inc. would appreciate you blessing in hosting a community festival on September 12, 2009. This will be a special event to embrace the Haitian Culture that has developed and continue to improve in our community. We will have food, art, music, and much more entertainme~~t for friends and families to come and enjoy. It will be a peaceful gathering to educate the entire Palm Beach County residents. There will be amplified music from ~`0 pin. until 11:00 pm. Therefore, we request a noise waiver. If you have any questions, you may contact me at the above listed telephone number. Thank you for your time and cooperation and hope to see you theref Si HF President for Caribbean Production & ,lerome O. Enterprises, lnc. City of Delray Beach °E`~,,rBEAe"_ S ecial Event Permit p ~„ Application ~ PLEASE TYPE OR PRINT 1 g93 2001 Event NamelTitle: 1 ~~ ~ ~~ ~` ~~' -2ra~-1~~t~ Event Dates}; ~. --~ Z J- Times: ~~--~ ~ r ~ fl ~ r~~ ~~~~~ Event Sponsor/Praducer: (~~r • ~ ~/1~-~~'/~~'l:f-~~ /!I_C' 1_ ~~ ~~ / Event Contaet/Coordinator: ~ -e..~~7 /1 Name: ~ ~ ~ ~ ~, r ti Address: • ~ ~'1 ` ~' Telephone Number: j i r Z..- Cellular Number: `- - (u E-mail Address: ~ A ~ ~~~ ~_1_~ t S1U'l l/~7 t~ Event DescriptionlPurpose: :~ .-~ ~~~ Brief History of Event (If ~rt2/rlilLt S ~-tn°~t Planned Activities (Outline of activitiesfnumber of activities, i.e. entertainment, children's rides, games, other progra~s}: Describe the targeted population and expected Number of Individuals Served Previous Year (if applicable): .3 a,~ q~ . Describe haw the program or project addresses community needs: Describe your MarketinglPromotions Program (How will you marketlpromote, i.e. TV, radio, posters, flyers, web „ites, other): Sponsor Category (please check} City ^ Non-Prafit/Charitabie p Private Co-Sponsor --Non-ProfitlPrivate a (1flVon profit attach proof of 501c(3), c(4), c(i5), C(10), or c(Z9) or (d) Event Location {Describe area boundaries of event/location): Site plan attached: yes / no (Site plan required far entire eve~tt site. Include locations of tents, stage, portalts, dumpsters, portable lighting, and barricade location if applicable.) Rental of Old School Square: yes ti/ na {If yes, attach proof of approval) Private Property Use: yes no ~ (If yes, attach letter giving authorization from property owner) Event budget attached: yes ~ no (Required for all evefrts) Previous year Revenue/E~pense summary attached: {Required for all events) Do you have cash sponsors for the event: yes (Indicated on budget) Do you have inkind sponsors for the event: yes. (Indicated on budget) yes no ~~ ~~~' no '~~ no ~ U:lwwdatalCreative City Coliabrative Committeel5peciai Event Permit Application Fina19.6.07.doc 1 h li bevera es: es no t " Serv>ng or selling a ca o c g y , (If yes, copy of license and alcohol liahility insurance regrcired two (2) weeks prior to event) Event certif cate of insurance attached: yes na (Required t<vo (2) weeks prior to event rraming the City as additional insured, also required for vendors) Playing of amplified music: yes~_ .._ no (Waiver required) Will there be entertainment: yes no (lf yes, attached list of Performers and/or DJ s} if yes, sponsor agrees all entertainment will be fa xly oriented and contain no obscenities: yes no Requesting Police assistance: yes„"^~. no (traffic cantrollsecurity) Will supplement with private security: yes no (If yes, need plaza attached) Requesting Emergency Medical assistance: yes 1~ no Requesting barricade assistance: ye's~_ no~,~, (lf no, how are you handlin ?) PLC `[ ~~t-1'y"i Cd ~ Q ~ / Requesting trash removallclean up assistance: yes no V (Will be billed to sponsor} Requesting trash boxeslcantainers and li ers: yes ~ no Requesting stage use: yes•_,.~ no (If yes, check type) Large stage 4' x•360 mall stage ' x 21') I~ Half small stage (8' x 2l') Glre ~Grtr~lt dr .~ ~~,e ~~ x.55 Requesting signage: - yes,~_ no Type: 4'x~4'Event sign Parking Signs Banner hanging Indicate dates required (Waiver required if more than one (1) week prior to event) Requesting City Portable Generator: yes ~ no•_.__~~ (If yes, size & power) Food and beverage vendors: yes ~l na Yf yes, approximate number '1 ~ ~ (Health Department approval required} yes ~ ~ no~ U:IwwdatalCreative City Collabrative Committeelspecial Event Permit Application Fins! 9.6.07.doc Other vendors; yes~~~ no (Indicate type) /Zt~rG~ ~~• 2 . Tents: yes no If yes, Il'ow many /0 What size or size required /p X J p (If yes, tent permits and frre inspections may he needed) Will the event include amusement rides: es no Y (If yes, type and location and copy of liability insurance required, also requites state license a~td inspection.) Will the event be gated: yes no (Shotiu on-site map) Will there be a charge for the event: yes V no (If yes, indicate ticket prices) ~~; ~ '~ Will there be fireworks ar other pyrotechnics: yes no V (1f yes, contact Fire Marslir~l to obtain and complete petntit application) Will there be cooking with compressed gas; yes~~ no ~' (If yes, contact Fire Mars1'tal for inspections) Will you be providing port-a-lets for the event: yes no (rf yes, locate ort site map. If no, indicate how yoar will handle resfroorn needs) Is reserved parking requested: yes~~ no (1f yes, indicate locations and purpose fot• us•e).~ yy yJ/~ ~ ,~~..~y~~~~ , G~~~Zvyt.~ Event Permit Attachments: RevenuefExpense Budget Revenue/Expense Recap Last Years Event Site Plan -Letter Requesting Noise Ordinance Waiver ---~ Letter Requesting Waiver Consumption Alcohol Beverages °~`~"' Proof of Non-Profit Status General Liability Insurance Certificate a. k/~~~5 ~``"` vim" Alcohol Beverage Liability Certificate ® ~-Proof of Rental Agreement or Authorization Letter from Private Property Owner ~ Hold Harmless Agreement ~- was /~ra~ Submittal Date Requirements: • Minor Event .45 days prior to event • Intermediate Event 90 days prior to event • Major Event 12p days prior to event • Neighborhood Block Party 30 days prior to event U:lwwdatalSpecial Event Requestlspeciai Event Pe€mit Application ;±IATAL 9,b•p7.doc ~~ r~ Eveht4 on actor/Coordinator Please print: ~ -e, ~@ ~) r1 Date Please enclose the appropriate non-refundable application fee payable to the City of Delray Beach, 100 N.W. lst Avenue, Delray Beach, Florida 33444. Required with permit application. Far Staff Use O;!:ly~] / ~ ~ Date Received -~ l~ 1 ~~ Application fee received $ 7 [7:lvnvdatalCreativc City Collabrative CommitteelSpecial Event Permit Application FinaE 4.6.07.doc ~..n p~~?~~~~vn '~_~~~rr~~ __ C~_ __~P{~~e_~~~~. ~ y ~ _.... ._ _.. JJ __. ~__W~ ~a. __ _~ .... .......... r~~D_U_' ~ ~ _ .._ ~•_ .. __ __ _ ~ __ ~ ~c~~~5~ ~q~~D~~ ~~~a- _. __ ~~ ~ ~ ~. w _ _ _ .......... _ --- _ . z~ __ c~_ x ,~ _. i I~ 3 I~ k ~~ I~ N N a , m N r- , to ~~ d' ~ d" M ~~ M ~ 5~ J 3 ~ ~ 4~ V cU , ~ cn od I ~ ~, Q ~ ~ ~ I~ V ~ ~ ~ ~ Q ~ ~ O '~ o ~ s cn `~ (`~U O `-- - ~3f6v3nV Ji1t~EG'~I117 1SV3 I i--~ __ - _ I MEMORANDUM TO: Mayor and City Commissioners FROM: Jasmin Allen, Planner Paul Dorling, AICP, Director of Planning and Zoning THROUGH: City Manager DATE: July 2, 2009 SUBJECT: AGENDA ITEM 8.M. -REGULAR COMMISSION MEETING OF .TULY 7, 2009 REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS ITEM BEFORE COMMISSION The action requested of the City Commission is review of appealable actions which were taken by various Boards during the period of June 15, 2009 through July 2, 2009. BACKGROUND This is the method of informing the City Commission of the land use actions, taken by designated Boards, which may be appealed by the City Commission. After this meeting, the appeal period shall expire (unless the 10 day appeal period has not occurred). Section 2.4.7(E), Appeals, of the LDRs applies. In summary, it provides that the City Commission hears appeals of actions taken by an approving Board. It also provides that the City Commission may file an appeal. To do so: . The item must be raised by a Commission member. . By motion, an action must be taken to place the item on the next meeting of the Commission as an appealed item. REVIEW BY OTHERS Planning and Zoning Board Meeting of June 15, 2009 A. Approved (4 to 0, John Miller, Chuck Halberg and Deborah Dowd absent) a master development plan associated with the redevelopment of the 32.58 acre Delray Square Shopping Center, located at the northeast corner of West Atlantic Avenue and Military Trail. Concurrently, the Board approved the following waivers: i. Approved (4 to 0), a waiver to LDR Section 4.4.9(F)(3)(d)(1)(d), which requires atwenty-five foot (25') landscape buffer between internal parcels within the Master Plan. ii. Approved (4 to 0), a waiver to LDR Section 4.4.9(F)(3)(f)(2), which requires atwenty-five foot (25') building setback for parcels within the master development plan. iii. Approved (4 to 0), a waiver to LDR Section 4.4.9(G)(3)(e)(1)(a), which requires that land area equivalent to at least twenty-five percent (25%) open space be included with the master development plan area. No other appealable items were considered by the Planning and Zoning Board. The following items which were considered by the Board will be forwarded to the City Commission for action. B. Recommended approval (4 to 0), of a City-initiated amendment to the Land Development Regulations to Section 4.4.13(B)(3) to clarify that "Public Open Space/Plaza is a principal (permitted) use within the CBD (Central Business District). C. Recommended approval (4 to 0), of a City-initiated amendment to the Land Development Regulations to Section 2.4.3(K) "Fees" pertaining to increases in "Development Applications" and "Permit Fees". D. Recommended approval (4 to 0), of a City-initiated amendment to the Land Development Regulations to Section 4.6.9(C)(8)(a) "Shared Parking" to eliminate the restriction that the shared parking table applies to developments only within the CBD, GC, MROC and PC zoning districts, and to eliminate the requirement that a residential component be included in order to use the shared parking calculations table for mixed use developments. E. Recommended approval (4 to 0), of a City-initiated amendment to the Land Development Regulations Section 4.3.4(K), "Development Standards Matrix", to change the minimum building setbacks for the Residential Office (RO) District. Site Plan Review and Appearance Board Meeting of June 24, 2009 1. Approved with conditions (5 to 0, Connor Lynch and Andrew Youngross absent), a Class II site plan modification associated with the conversion of the front interior retail space from a single tenant use to multiple tenant use consisting of three retail bays, landscaping upgrades and parking lot resurfacing and restriping for Stone Medical Group located on the west side of North Federal Highway, north of George Bush Boulevard (2000 North Federal Highway). 2. Approved with conditions (4 to 1, James Borsos dissenting), a Class II site plan modification associated with renovations to an existing residential complex that includes the creation of new courtyards, construction of a new swimming pool, the addition of new parking spaces, installation of new landscaping and interior and exterior modifications for Palm Terraces, located at the southwest corner of Palm Trail and Bond Way (1000 Palm Trail). The landscape plan and architectural elevation plan were approved on a 5 to 0 vote. 3. Approved with conditions (5 to 0) a Class II site plan modification, landscape plan and architectural elevations associated with the swimming pool and deck area redesign for Del-Aire Fitness Center, located on the east side of Military Trail at the intersection of Live Oak Boulevard and White Cedar Lane (4645 White Cedar Lane). 4. Approved with conditions (5 to 0), a Class V site plan, landscape plan and architectural elevation plan associated with the construction of a park plaza for recreation use by the general public known as West Atlantic Public Plaza, located at the southwest corner of West Atlantic Avenue and SW 5th Avenue. Concurrently, the Board recommended approval of a waiver from LDR Section 4.6.14(A)(2) which requires a 40-foot visibility triangle (18' proposed) at the intersection of two public rights-of- way. 5. Approved with conditions (5 to 0), a Class V site plan, landscape plan and architectural elevation plan associated with the demolition of sixteen (16) existing one-story residences and construction of a new three-story structure containing eleven (11) condominium units with swimming pool and fitness amenities for The Glass House, located on the east side of South Ocean Boulevard, south of Linton Boulevard (2225 South Ocean Boulevard). Concurrently, the Board approved a waiver from LDR Section 4.6.9(D)(4)(d), which requires two-way traffic flow when perpendicular parking spaces are utilized. Historic Preservation Board Meeting of June 17, 2009 6. Approved with conditions (7 to 0), a request for a Certificate of Appropriateness associated with the installation of a new business sign for anon-contributing property located at 135 NW 5th Avenue. 7. Approved with conditions (7 to 0), a Class II site plan for park improvements associated with the City's Public Arts Advisory Board's Call to Artist program for the Art Park at Block B-Del-Ida Park, located at the intersection of Dixie Boulevard and NE 2nd Avenue. 8. Approved with conditions (7 to 0), a Class V site plan, landscape plan and architectural elevation plan and a Certificate of Appropriateness associated with the construction of a 3-story mixed-use development containing 8,870 sq. ft. of offices and 3 residential units for 82 NW 5th Avenue. Concurrently, the Board approved the following waivers: i. Approved a waiver to LDR Section 4.6.16(H)(3)(i) which requires that a shade tree be planted in every interior landscape island, where no shade tree is being provided in the landscape strip adjacent to the generator and located below the building's rear overhang. ii. Approved a waiver request to LDR Section 4.6.16(H)(3)(k) which requires that abutting parking tiers be separated by a 5' wide landscape strip, where a minimum of 3' is being provided. Historic Preservation Board Meetin of~July 1, 2009 9. Tabled (6 to 0, Jason Feldman absent), a request for a Certificate of Appropriateness for as-built exterior alterations for a contributing structure located at 17 NE 6th Street. The Board tabled the item and directed the applicant to submit additional information. RECOMMENDATION By motion, receive and file this report. Attachment: Location Map P&Z. A. DELRAY SQUARE SPRAB 1. STONE MEDICAL GROUP 2. PALM TERRACES 3. DEL-AIRE FITNESS CENTER 4. WEST ATLANTIC PUBLIC PLAZA 5. THE GLASS HOUSE CONDOMINIUM HPB 6. 137 NW 1 ST AVENUE 7. ART PARK AT BLOCK-B, DEL IDA PARK 8. 82 NW 5TH AVENUE 9. 17 NE 6TH STREET MAP REF: S:\Planning &Zoning\DBMS\File-Cab\CC-DOC\7-7-09 N ~~~~~~~~~~ CITY LIMITS ~~~~~~~~~~ ~ ONE MILE ~ GRAPHIC SCALE CITY OF DELRAY BEACH, FL PLANNING & ZONING DEPARTMENT JULY 2009 DIGITAL BASE MAP SYSTEM-- MEMORANDUM TO: Mayor and City Commissioners FROM: Robert A. Barcinski, Assistant City Manager THROUGH: David T. Harden, City Manager DATE: June 19, 2009 SUBJECT: AGENDA ITEM 8.N.1 -REGULAR COMMISSION MEETING OF JULY 7, 2009 BID AWARD/BSA CORPORATION ITEM BEFORE COMMISSION Commission is requested to approve a bid award to BSA Corporation in the amount of $77,947 for renovations to the Community Center Locker Rooms. Recommended bid award includes the base bid plus alternates A, B and C. BACKGROUND Attached is the bid summary for the bids received on February 16, 2009 from two (2) companies for this project. The project was bid as a base bid with five (5) add on alternates. Attached is a detailed description of the base bid and the alternates. Bid award was delayed until sufficient funding was made available. Due to funding and other construction considerations we are recommending award of the base bid and alternates A, B and C. This work will bring the locker rooms up to ATP /Tennis Tournament standards and the showers to ADA requirements. BSA has agreed to honor the February 16, 2009 bid. FUNDING SOURCE Funding is available in account 334-4125-572-46.10. RECOMMENDATION Staff recommends award of the base bid plus alternates A, B and C to BSA Corporation for the renovation of the Community Center Locker Rooms in the amount of $77,947. STANDARD FORM OF AGREEMENT BETWEEN CITY AND CONTRACTOR THIS AGREEMENT made this day of , 20~, by and between the CITY OF DELRAY BEACH (hereinafter called CITY) and BSA CORPORATION (hereinafter called CONTRACTOR). WITNESSETH: The CITY and the CONTRACTOR in consideration of the mutual covenants hereinafter set forth, agree as follows; 1. The undersigned CONTRACTOR hereby represents that he has carefully examined all documents attached hereto, and will perform all requirements, pursuant to ap covenants and conditions, as provided by this Agreement and any attachments. 2. The CONTRACTOR, as evidenced by the execution of this Agreement, acknowledges that it has examined all specifications and requirements of this bid. The CONTRACTOR further acknowledges that the bid price includes all costs and expenses required for the satisfactory completion of all requirements provided by this Agreement. 3. The Agreement between the CITY and the CONTRACTOR include the following documents which are attached hereto and incorporated herein by reference of the following: AGREEMENT DOCUMENT (S) Standard Form of Agreement Corporate Acknowledgment Certificate Insurance Certificate Drug Free Work Place Certification Specifications Proposal (Schedule of Pricing) PAGE NUMBERS 1-4 5 fi 7-$ 9 10-13 14-15 i Addenda numbers to inclusive, and any modifications delivered after execution of this Agreement. 4. The term of this Agreement shall commence on the date written above. 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, Florida. 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 to CONTRACTOR: BSA Corporation 9 Northeast 2"d Street Delray Beach, FL 33444 7. The CONTRACTOR shall not, without prior written consent of the CITY, assign any portion of its interest under this Agreement and, specifically, the CONTRACTOR shall not assign any moneys due or to become due without the prior written consent of the CITY. 8. The CITY and the CONTRACTOR each binds itself, its partners, successors, assigns and legal representatives to the other party hereto in respect to all convenants, conditions and obligations contained in the Agreement. 9. In consideration of ten dollars {$1DAD) 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 2 received pr sustained by any person or persons by or in consequence of any negligence (excluding the sole negligence of the CITY}, recklessness or intentional wrongful misconduct of the CONTRACTOR and any persons employed or utilized by the CONTRACTOR in the performance of this Agreement. CONTRACTOR agrees that negligent, reckless or intentional wrongful misconduct includes, but is not limited to, use of any improper materials or liabilities, damages, losses or costs caused by or on account of the use of any improper materials. CONTRACTOR agrees that negligent, reckless or intentional wrongful misconduct also includes but is not limited to the violation of any Federal, State, County or City laws, by-laws, ordinances or regulations by the CONTRACTOR, its agents, servants or employees. CONTRACTOR further agrees to .defend, indemnify and save harmless the CITY from all such claims and fees, and from any and all suits and actions of every name. and description that may be brought against the CITY on account of any claims, fees, royalties, or costs for any invention or patent, and from any and all suits and actions that may be brought against the CITY for the infringement of any and all patents or patent rights claimed by any person, arm, or corporation. The indemnification provided above shall obligate the CONTRACTOR to defend at its own expense or to provide for such defense, at the CITY'S option, for any and ail claims or liability and all suits and actions of every name and description that may be brought against the CITY which may result from the operations and activities under this Agreement performed by the CONTRACTOR, its agents or employees. This indemnification includes all costs and fees including attorney's fees and costs at trial and appellate levels. 3 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 Wulf and void unless signed by both the CONTRACTOR and the CITY. 11. This Agreement and the documents attached hereto and listed above 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 Clerk Approved as to form: .City Attorney WITNESSES: {please type or print name) {please type or print name) CITY OF DELRAY BEACH, FLORIDA By: Nelson S. McDuffie, Mayor BSA Corporation By: (please type or print name) 0 0 0 CORPORATE ACKNOWLEDGMENT STATE OF ~ Gv COUNTY OF ~~ m ,. The foregoing instrument was acknowledged before me this ~~ day of 2~ by (name of .officer or agent, fade of officer ar agent), of ~ ~.-~ D (state or place of incorporation] corporation, on behalf of the corporation. l~/5he is (personalty known to me) (or has produced identif~catian] and has used h~her , ! Gam. (type of identfication} as ident'~'ication. ~~ 'Si" a of Person Taking A wiedgment .•,;,~~~NIt~~ r~+~ri,~i Name of Adcnowledger Typed ~: ~~dM~~i `' Printed or Stamped ,s~~I~ 1 e,`',,,~~ S CERTIFICATE (I# Corporation) STATE OF FLORIDA SS coulvT~r of ~Qlm ~i~h I HEREBY CERTIFY that a meeting of the Board of Directors of S Ct~et8ra2orn. 0,~3 , a corporation under the laws of the State of ~c.~n. i 204 held on ~ ~ , 200 the following resolution was duly passed and adopted; "RESOWED", that ~,~ , as ~~L S President of the co ratNOn,,belshe is her, y authorized to execute the '~ Adated , 2~,(~ between the City of ~ Delray Beach, Florida and this rporation, and that his execution thereof, I attested by the Secretary of the Corporation and with corporate seal J affixed, shall lae the official act and deed of this corporation°. I further certify that said resolution is now in full force and effect. IN VICITNESS WHEREOF, l have hereunto set my hand and affixed the ofiaal seal of the corporation this ~ day of ~2D~9 {Secretary) (Seal) CORD CERTIFICATE DF LIABILITY iNSURANCE~ ~~ao~ 3/z° a PRODUCER ($Sl) 776-8001 FAX (561) 427-6730 THIS CERTIFICATE IS 155UED AS A MATTER OF IAEFaRMATIaN Collinsworth, Alter, Lambert, Tnc. aNLYAND CONFERS NO WGHTS EIPON THE CERTIFICATE 23 Egapfuskee Street HOLDER. TFIIS CERTIFICATE DOES NOT AMEND, EXTEND aR ALTER THE CaVERACE AFFORDED 8Y THE POLICIES BELOW. Suite 102 ]slpiter, FL 33477 INSURERS AFFORDING COVERAGE NAIG # INSURED BSA Corporation INSLIRF:RA: Amerisure Mutual Ins CO 23396 9 Northeast 2nd. 5treat INSURER B: Amerisure Insurance CO 19486 Delray Beach, >"L 33444 INSURERS: INkSURER a: INSURER E: THE POLICIES OF INSURANCE LISPED BELOW HAVE BEEN ISSUED TO THE INSi1REO NAME4 ABOVE FOR THE POLICY PERIOD INOIGATEb. NOTWITHSTANDING ANY REQUIREMENT, TERM DR CONDITION DF ANY CC)NTiZACT OR OTHER pOCIlMENT WITH RESPECT TO WHICH THFS CERTIFICATE MAYBE ISSL~D OR MAY PERTAIN, THSINSURAI+ICE AFFORDED BY THE POLICIES DESGRI9ED HEREW 1S SU$JECT TD ALL THE TERMS EXCLUSYONS AND COND1TiDN5 OF SUCH PL?LICIFS. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDLIGED BY PAID CLAIMS. IN R pp' TYPE OF FNSURANCE POLICY NUMBEit POLICY EFPECIIVE POLICY EXPIRATION LtM1iS GENERALLIA~LITY GL20570fi8 09/23/2008 09/23/2009 EACHOCOURREl4[CE s i 000 DO X COMMERCIAL GENERAL LIABILITY OAI.IAGE TO RENTED 8 SO 000 CLAIMS AbAD£ ~ OCCUR MED 17CP {Arty ane person] a 5 000 A X BF Prop Dale Xirll PERSONAL s ADV INJURY s 1 000 00 X Cvotractual GENERAL AGGREGATE s 2,000 ano GEN'LAGGRL`f3ATEL]MITAPPLIEBPERI PRODUCTS-CDMPIOPAGG t 2,000,{1 F'pLICY X SECT LaC AIITOMDEII.><LIASILRY X ANY AIiTp CA2057066 09/23/2008 09/23/2009 cDMBII~DSINGLELTMIT f~ ~d~'y = 1, 000, 00 A ALL OYJNEO AUTO6 SCHEDLILEOAl1T05 BODILY INJURY fperPe~++) = X NEiEO AUTOS BODILY INJURY X NON•DWNEO AUTOS {Per a~ldenl) S PROPERTY DAM+IGE (Yac ecckeM] S GARAGE LIABILITY AUTO gNLY - F~ ACGIOENT li ANY AUTO FA ACC OTHER THAN S AUTO ONLY: A(}p i E7(CES.wUMBRELLA LU1BILlTY CU2057069 09/23/2008 09 j23/2009 EACH D6CURRENCE F: 1, 000, DO X DccuR ~ cu,IMS RELLA EX`t'END5 OVER kIPC A(3GREGRTE s 3,,000,00 A = DEDl1CTIBLE S RETpN'rIDN S S INpRItERSCOMPENSATIONAND ' 1dC20570fi5 09/19/2008 09/19/2009 YVCSTATU- oTH- B EiAPLOYERB LIABILITY ANY PRDPRIETORIPARTNERIEXF=CUTIVE E.L. EACHACCIOENT S SOD,DO OFFICERIMEMBER IXGLUf1E0i N deaa4Ne und r es EL DISEASE - EA EMPLOY i 500 OO e yY 0.. SPE6IAL PRDVFSIpNS 0e1aW E.L D19EASE -POLICY LIMIT B 500, 000 atHER DESCPoPTiON pR OPERA'I'IONS! LCCAT10NSl VEHIGLF~! F9tCRU510N8 AAD80 BY ENDORSEMENT! SPECWL PR07ABIONS BSA Corporation 9 Northeast 2nd Street Delray Beach, FL 33444 BNOULp ANY OFTHE ABDYE OESCRIBEO POi.iCIEB BE CANCELLED BEFORE THE I:XMIIATION GATE'THEIIEOR TIiR IJ?ISUIN4 INSURER 4WLL FYIIpEAVOR TO MAIL 30 DAYS gIRFTYEN NOTICE TO THE CERTIFICATE HOLDER NATTlEO TO THE LEFT, BiR tAlLURETO SUCH NOTICE SMALL IEEPOSE NO OBLgAti1pN-OR LIABILITY OF ANY K1TIO U THE FN9URER, [TS AQ6 OR ENTATNES. AUTHOIi4FA Rl?P ASR ~ . ACORD 25 (2001108) U ~ ~ ~ RB'CORPORATION 798& 7 IMPaRTANT if the certificate holder is an ADDIT10NAl. INSURED, the policy[es) must be endorsed. A statement on this certfcate does not confer rights to the certificate holder in lieu of such endorsement(s) if SUBROGATION IS WANEb, subject to the terms and conditions of the policy, certain policies rr-ay require an endorsement A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement{s). DISCLAIMER The Certiftcate of Insurance on the reverse side of this form does not canstltute a nnntract between the issuing insurers}, authorized representative or producer, and the certificate holder, nor dues it affirmatively ar negatlvely amend, extend or after the coverage afforded by the palEcies listed thereon. ACORD 25 {2pQ111ttl~ DRUG FREE WQRKPLACE CERTIFICATION if identical tie bids exist, preference will be given to the vendor who submith a cerfif'icatian with their bidfproposal certifying they have a drt3g-free workplace in accordance wi#h Seclfon 2t37.fl87, ~IorEde Statutes. The drug free workpiacc~ preference is applied as follows: d Fl ~ Preference shall be given to businesses with drug-free workplace programs. Whenever two or more bids which are equal with respect to price, quality, and servlt;e are r$ceived by the State of by any political subdivision for the procurement of commodities or contractual services, a bid received from a business that certifies that it has implemented a drop-free workplace program shal# lbe given preference in the award process, Estab#ished procedures for processing rte bids wNi be foAowed if none of the tied vendors have a drug-free workplace program. As the person authorized to sign this statemarrt, I certiTjr that this Trrn complies fully with the following requirements: 1} Thy firm publishes a ~ststement notifying employees that the-unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the war)Cplace and specifying the actions that will be taken against employees for violations of such .prGhibition. 2} This firm informs employees about the dangers of drug abuae in ttte workplace, the business's policy of maintaining a drug-fnae workpiaoe, arty available drug counseling, rehabilitation, and employee assistance programs and the penaHies that may tre imposed upon employees for drug abuse violations. 3} This firm gives each employee engaged in providing the commodities or conbtactusl services that are under bid a copy of the statement specified in subsection {'l }. 4} In the statemerrt specified in subsection (1}, this Rm~ notifies the employees that, as e condition of working on the commodities or contractual services that are under bid, the employee wail abide by the #errns of the statement and will abide by the temrys of the statement and will not#fy the employer of any conviction af, or plea of guilty or nvlo cantendere to, any violation of chapfar 893 or of any controlled substance iauv of the United States or any state, far a violation nocurring in the woricplaca no later than fhre (5) days after suoh conviction. 5} This firm imposes a sanction on or requires the satisfactory pait#c~pa#ian in a drug abuse assistance or rehsbilitation program if such la available in the employees community, try any employee who is so czlnvicted. B) Is firm I continue to make a~ good faittz effort to maintain adrug-free workplace throug~mplementa n of this section. Signature, ~r~~D ,-~_ 9 SECTION a ~ ~ ~ as - suMMAI~Y of woluc ~.~ ~L~ERAL A. SCOPE Op' WORK The project generrally consists of general upgrades and new finishes to the Cotn~nunity Center locker rooms. Work generally includes removal of existing floor finishes and replacement with new floor and wall tile, new paint, and adjustments t4 existing shower area fo ccmiply with accessibility re~quireiixents.. 2. The project site is located at 50 NE l~ Avenue iii the City of Delray Beach, Florida. 3. The facility will remain open to the public during construction acUivities. 13. DETAILED 13ESCRlI'TION QF THE WORK The base bid shall geierally include the following: a) Removal and disposal of all existi~ flooring finuislies as inquired and indicated on the docurtnents for installation of new floor file and finishes. All required slab restoration prior to iistallation of finish file is to be included. b) Removal and disposal of existing concrete shower curbs as indicated for new ADA configuration. c} Removal ar~d disposal of selected slab areas as ~iiired for new plumbing and ADA access. d) Removal and disposal of existing. sl~awear mixing valves grid shaver heads. e} Removal and disposal of four existing wood doors and hardware. Existing frames shall be protected acid finished as indicated in the drawings once new doors are installed. Gait opeaiing in existing wall in women's locker area frn• new shower access. All fniishes shall matchadjacent surfaces. Relocate any conflicting eleaxients as needed. g} Removal and disposal of existing. upper wall vinyl border in all areas of new work. h) Provide and install flew floor, base, and waII file and gmut whore indicated on the drawings a~ad in accordance with TCA guidelines. i} Provide and install new shower floor drains, mixing valve& and shower heads as noted and aiay required plumbing modifications for a fully operating system and incompliance with elf applicable codes. j) Rcinstallations of earistii~ shower privacy partitions in the women's shower arcs, and provide -and install new show privacy partitions in the men's shower in a secure mamxer. k) Repair any wall imperfections as IIoted prior to new paint primer and fraiish coat(s) as required by the ID drawings. 1) Provide and install four (A) nezv replacement solid core rotary white birch woad doors in exist~g metal frames. Finish to be stain and clear sealer per II? drawings. Provide and install hardware per drawings and in accard~ce with building standard. COMMUNITY CENTER LOCKER 1MPROYEMENTS BI:JMMARY OF WORK PROJECT NO. 084802 Ol l 140-1 10 m) Conswct new partitions as required for new closet area. Alt finishes shall match adjacent surfaces. n) Provide and install one (i) new SC wood door and metal firame and Hated hardware for new closet area. Izir~ish per ID drawings. o) Provide and install z~ew painted frames around eatisting over vanity mirrors. p) Provide, install, and finish foeu (4j shelves where shown on drawings. 2. See Section 012300 - Alternates far description of Add Altertxates 1-5. C. ADDITIONAL-NOTES 1. It is the intent of flue project that upon completion all surfaces within the work area appear new and finished in appearance. The GC shall direct airy questiauas to the Architect in the event of discrepancies or contiicting information. 2. Upon completion, all work areas are to be turned ovex to the City in a clean and sanitary m~er. 3. Adjacent areas o£ the but~ding will be operational during coa~s#vction activities. The GC and all other work forces shall maintain a professional appearance and behavior daaring times of work. No radios or profane language will be tolerated at any lame. 1,2 PRODUCTS (Not Applicable) 1.3 EXECU'T'ION {Nat Applicable) END Ol* SECTION 0 [ 1140 CONIIVIUNI'TY CENTER LOCKER 11vvIPRO'VEMENTS PROTECT NO.080802 SUMMALtY OF 'WORK Ol i 100-2 11 SECTION 012300 -ALTERNATES PART 1- G>rNERAL I.I SUMMARY A, Section includes administrative and procedural requirements for alternates. 1.2 DEI±INITIONS A. Alternate: An amount proposed by bidders and stated ou the Bid Fornx far curtain work defined in the Bidding Requirements that racy be added to or deducted from the base bid amount if Owner decides to accept a corresponding change eitb~er in the amount a£ cvnst[uction to be completed or in the products, materials, equipment, systems, or installation methods described in the Contract Documents. 1. Alternates described- in this Section are part of the Work only if enumerated in the Agreement. 2, The cost or credit for each alternate is the net addition to or deduction from the Contract Sum to incorporate alternate into the Work. No other adjustments are made to the Carrdract Sum. 1.3 PROCEDURES A. Coordination: Modify or adjuist affected adjacent work as necessary to completely integrate work of the ahernate into Project. L. Include as part o£ each alternate, miscellaneous devices, aacessory objects, and sinular items incidental to ar required for a complete installation whether or not indicated as part of alternate. B. Notification: Immediately Fallowing award of the Contract, notify each party involved, in writia~g, of the status of each alternate. indicate i£ alternates have been accepted, rejected, or deferred £~ later consideration. Inchrde a complete description of ~aegotiaxed modifications to alternates. C. Execute accepted. alternates under the. same conditions as other work of the Contract. D. Schedule: A schedule of alternates is included a# the end of this Section, Specification Sections referenced is schedule contain regteirernents for materials necessary to achieve the work described under each alternate. CONLM[JNITY CENTER LOCKER IMPROVEMP.N''I'S ALTERNATES PROJECT NO.080802 Q x2300 -1 i2 PART 2 -PRODUCTS {iVart Used) PART 3 -EXECUTION 3.1 SCH1iDULE 01; ALTERNATES A. Add Alternate 1: Removal of existing over vanity wall light. fixtures and surface mounted ceiling light fixtures and installation of specified wall and ceiling light f=ixtures -and lamps ~- as indicated on the drawings. It is intended that the new fixtures wilt he in ~e same Iocation as the existing antis. Deliver removed fixtures to lie Owner. Include any incidental electrical adjustments as may be needed to make new lighting fully operational. B. Add Alternate 2; 1?rovide and install "Faux" pl~tation shutters in alt existing window and vent-block locations as specified in the drawings. Insure that all required hardware and trim are included as needed for a finished appearance. C. Add Alternate 3: Removal and disposal of counter tog of base cabinet in men's locker room and replace with new with specified finish. The existing stainless Steel since and all fittings are intended to be reused. Price shall include any and all aspect required for replacement in fuQ working order. D. Add Alternate 4: Rernaval of two {2) existing urinals and four {4) welt-hung lavatories and installation of two {2} new wall bung urinals and new hands-free controls and privacy screens, as well as installation of two {2} new vaulty caumers witl- integral lavatories and hands-free fixtures and accessories. Should this alternate be accepted, any necessary cavrty wall and floor restoration requirements shall be included for a finished appearance upon cannpletian. l:. Add Alter~aate 5: Removal of five {5) existing Moor n~unted toilets fixtures and trim and replace with five {5} new toilets and hands-free controls as indicated on the drawings. This alternate also provides for the removal of all existing toilet partitions and replacement with new partitionsq as indicated on the drawings. Iu addition, the existing partifaocLg in the women's shower area. are to be discarded and replaced with new as per the contract documents. Ail existing toilet accessories shall be re-installed where directed in the field. EM} OF SECTION Q12300 COMMUNITY CENTER LOCKER LMPROYEMENTS AT.'IT~RNATES PROJECT N0.084802 412344 - 2 13 U U ~~ ~ s °" ~ ~F ~ ~ ~ ~ ~~ ~ a ~ M y ~ ti ~ $ ~ ~ ~, ~ ~ -- M y- '~ U ~. O ~ ~ ~ o ~ p ~ o ~ ~ ~ ~~ ~ ~ ~ ~~~ ~" ~ ~ ., .~ w ~ ~ ~ ~~ ~ ~ ~ ~ M r1 ~ d ~ ~ rn eq ~ .•~ Q r+ v' ~ ~ ~~ ~ ~ ~ ~ A ~ ] ~ ~ ~ ~ ~ ~ '~ ~~ ~~ U~ ~~ ~ c~~~ ~~8 ~~ H~ ~~ ~ x~ -~ ~ "' w ~~ ~ ~ 3 N _~ i i 1 1 1 r ~. I r- I ~""' i r... ., .. w ~ ~~ ~~ ~ M H ~~ ~ ~ ~~ ~ a ~ ~ ~ ~ _ N ~' 0 ~ ~ -~ ~ a ~ v ~ ~ ~ a ~ a psi "'~ rl N ..y wa ~~i O ~,y N R ~Q MI ~ z ~ .- N V GI Q LLI l ~ ~ .y 1 ~~ 3 H N ~. ~ W O O O N N J ~ o 0 0 Q` ~ ~ ~ ~ d o ~ ~ c ( ~. ., c~i o0 o ai ui ' ' m ~ a o ~ o ~- ~- ~ N ~ d ~ a 0 0 o N C> eN- r ~ ~ o o ~ ~ ~ W h ~ ~ Q rn ~ o M ~ N OD O CO O N ~? ~ M ~ r 'N ... ~~ Z ~ 0 D 0 D 0 ~ 0 Q 0 Z a ~ ao .- cs~ rn h d~ cQ o0 r- 00 ~ liJ ~ M ~ rn o ~ LL7 ~ mJ O cfl ~ f~ h l~ [~ co o0 rn o a =~~o V :~W~ 4 W: = M m~~'p ~YO;~n ~oooooo °c W,~~~` N hu~M° ti~ ~A ~ ~ _ r c^ ~ ~ OfI C LL.: Z {p oo (~ N Oi r ~ ~ Q ~ N ~"ma (~ f'°' ~ Q m J a ~ Q .I ¢ J ¢ .J Q p ~ ~ r v ro E w ° a i ~ ~ ~ ~^ ~ c ~ .~, o a~ U ~~ ~ a a ~ ~ ~ ~ . ~' ~ ` ~ ~ A~ L yy A L {~! }~! Y ~ Q it ~ (~ x 1ti x ~ N ~ ~ ~ I _ X _ ~ ~ ++ 3 ~ (~ ~ ~_ 'L '~--' Q f ~ li U ~ l- GENERAL CONTRACTORS CONSTRUCTION MANAGERS CONTACT INFORMATION Principal: William C, Branning President BSA Corporation 9 NE 2nd Street Delray Beach, Florida 33444 561-272-6350 office Project Manager: 9 northeast Second Street ~afray Beach. R 33444 Scott Hanley 9 NE 2nd Street Delray Beach, Florida 33444 561-272-6350 office 561-414-1915 mobile 561.2726350 561,272,7440 Fax .~ I ;~" i I ~.'" I i I r r t . ~- r Y i r w U a ~~ ~a ~~ w~ v ~a. ~~ U a ~~ ~a 3 i 1 ~ ' a a o m w . Ii, W (~ i i ~ ~z° $ 8 ~ 5~ t i o ti ~ ~ S $ ~„ Q o ~1~ ti N Ii- CI b Z' ~~ ~I~ ~I~ H N a-i ~ a ~ N ~~ 0 S a ~ .. _ m~ ~ N ~ `~ k ~ E ~ ~ s~ ~ M ~~ ~~ ~ ~~ ~~ g ~`E` ~~ E ~ ~ H ~-+ ~'-~ N t~ N r al ro .n S ~~ ~M ~~ ~~ ~ ~~ o U~ UV" O po~ ~ O H Z1 F+ U d ~ ~ ~ 3 '~ r i '-- r I i i I I r- E r r-- [-' rr F f""' i I ~~-`~ I r .~,, i ~ ~ ~ w i W ~I F E Qi v U a [IH G~] ~ Y ~~ r ~ ~ ~ ~ ~ M ~~ ~ x `~ ~ N ~ N ~ o-^ ~ ~ ~ ~ ~ a ~ o ~ 0 U w Q N ¢+ d La «s O ~ ~ O b ~i F~/ ~ I T .~ ro N ~~ .y ... ti C7 D Q ui N p G ~ S JJ J Q i / V ~~ N O N DRIJC FR~~ WORKPLACE CERTIFICA~'IQN If identical tie bids exist; preference will be given to the vendor who submits a certification with their i~idfpropasal certtfying they Rave adrug-free warkplaca in accordance wi#h Section 287.087, ~larida Statutes. The drug-free workplace preference is applied as follows: iDE TI D Preference shall be given to businesses with drug-free workplace programs. Whenever two ar more bids which are equal with roapect to price, quality, and service are received by the State of by any political subdivision for the procurement of commodities ar contractual services, a bid received from a business that certifies that ft has implemented adrug-free workplace program shall be given preference in the award process, i;stabfished procedures for processing tie bids will be followed if none of tfie tied vendors have a drug-free workplace program. As the person authorized to sign this statement, I certify that this firm compiles fully with the following raquirenlents: 1) This firm publishes a •statement notifying employees that the~-unlawfuf manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited In the workplace and specifying the actions that will be taken against empfayeas far vloiattans of such pr6hibltlan. 2} This firm informs employees about the dangers of drug abuse in the workplace, the business's policy of maintaining adrug-free workplace, any available drug caunssling, rehabifitatfan, and empfoyea assistance programs artd the penalties that may be imposed upon employees far drug abuse vfalations. 3} This firm gives each empfoyea engaged in prnvlding the commodities or contractus! services that are under bid a copy of the eta#ernent specified in subsection (7 ), 4) In the statement specified In subsection {1), this firm notifies the employees that, as a condl#inn of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will abide by the terrrES of the statement and will notify the $mplayer of any aohvictian of, or plea of guilty or Hale cantendpre to, any violation of chapter 893 or of any controlled substance law of the (Jnited States or any stale, for a violaiion occurring in the workplace no later than five (5} days after such convlctfon• ti) This firm imposes a sanction an ar requires the satisfactory participation in a drug abuse assistance or rehpbllitatlon program if such fs available in the employee's community, by any employee who is /so convicted. 6) his firm W i continue fo make a• goad faith effort to maintain adrug-free workplace througf mplementa on of this section. 5ignaturer. ,~~ SECTION Ol 11Up -SUMMARY Olt WORK 1,1 G13NLRAL A. SCOpE OF WORK The pro3ect generally consists of general upgrades and new f finishes #o the Com~narraity Center locker rooms. Work generally includes rc~noval of existing floor finishes aaad replaeeaneaat with new flaoa• and wall tile, new paint, ruad adjustanerats to existing shower area to comply with accessibility requirements. 2. The project site is located at 50 NE l~` Avenue in floe City of Dalray Beach, 8lorida. The facility will remain open to the public during construction activities, B, DETAILED DESCRIPTION OF THE WORK 1. Tlao base bid shall generally include the following: a) Removal and disposal of all existing flooriaag l'3uislaes as recluixed anal hadieated on the doeaaraaents for installation. of new Hoar file rrrad finishes. All required slab restoration prior to installation of fnaisla the is to be included. b) Removal and disposal of existing concrete shower curbs as indicated fror new ADA conligi~ration. c) Removal and disposal of selected slab areas as requu~ed for rrarv piurnbing and ADA access. d} Removal and disposal of existing slaawer :mixing valves and shower l~ca~ls, e) Removal and disposal of four ex.istixag wood doors and hardware. Existing franacs shrill be protected and f"uaishccl as indicated in floe drawings once new doors are installed. f} Cut opening in existing wall in women's locker ru:ea for new shower access, All finishes shall match adjaccnt surfaces. Relocate any conflicting elerneaats as needed, g} Removal and disposal of existing upper wall viaayl border in all areas of new work, h} Provide and iaastal! new floor, base, and wall file and grout where indicated on the drawings and r'n accordance wifla TCA guidelines. i) Provide and install new shower floor drains, mixing valves and shower heads as Hated and gray required pluraabinl; rnodifieationa for a fully operating gystcan and fiat compliance with a!1 applicalaie codes. j) Reinstailatians of existing shower privacy partitions in floe woaaaen's shower area, and provide and install new shower privacy partitions in the men's shower iaa a secure manner. k) Repair any wall iinpcrfections as aioted prior to new paint pruner and fuaisla coat(s) as required by Jae ID rlra~viaags. !) Provide aaad install foux (d) axew replacement solid core rotary white birch wood doors in existing metal frarxaes. Finish to be stain and clear sealer per ID drawings. Provide and instill hardware per drawings aiid iaa accardaaace with building standard. COMMUNITY CENTER.I,OCKER M'ROVE1ViEN'I'S SUMMARY OF WORT PROJECT NO. 080802 011100-1 rag) ConstnYCt aie~v partitions as required for nets closet area. All finishes shad raaatcla adjacent suxfaees. n) Provide and install one (1) new SC wood door and me#al fra-rte and voted hardware far taew closet area. Tzinish per TD drawings. o) Pa'ovide and itastall new painted frames around existing over vanity mirrors. p) Provide, install, and finish four (~1) shelves where shown on drawings. 2. See Sectioir 412340 ~ Alternates for description of Adel Alternates 1-S. C. ADDITIONAL NOTES 1. It is the inteaat of dais project that upon coinpletimz all stn•faces within tlae work area appear no4v grad ~taished in appearance. The GC shall direct any questions to tlae Architect iua the event of discrepancies or cotatlictiuag inforaraation. 2. Upo-a ccarnpletion, all work areas are to be tl~naed over to tine City in a elealt and sanitary manner. 3. Adjacent areas o£ the 17atildir;g vviil be 4pertttional dururg construction activities. The GC trod all other work forces shall n~aintaia a professional appeararacc grad behavior during tinges of work. No radios or profane language will be tolerated at any time. 1.2 PRC3nUCTS {Nat Applicable) 1.3 EXECUTION (Not Applicable) END 41? SECTION 011140 COMMUNITY CENTER LOCKER TridPRpVEMENTS SUMMA1tY Qr WORK PROJECT NO, 080802 011100-2 SECTION 012300 -ALTERNATES PART' 1 ~ GENERAL 1.1 SUMMARY A. Section includes administrative and procedural requirentcnts far alternates. 1.2 DEFINITIONS A. Alternate: An amount proposed by bidders alld stated ozt the Bid Form for certain wark defined in file Bidding Requirelne,lts that lTlay be added to or dedl~cted frol~n the vase bid amqutlt if Uwner decides to accept a corresponding chatxge either in the amount of eonstn~ction to be completed ar in the products, materials, egtiiplnellt, sysEenls, or instal9atioit nletltods described in the Collixact Documents. 1. Alternates described irl this Sec#ioa are part of the Work only if enumezated in the Agreement. 2. The cost or crcdiC for each alteniate iS the fief additfon t0 01' [leductiall froltl the Contract Stilll to illeorpOrate alterr~ate int0 tile' Work. NO other adju~stmetrt5 are made to file Contract Sum. 1.3 1?ROCEDURES A. Coordination: Modify or adjust affected adjacent work as necessary to completely itltegrate work o£the alternate into Project. Include as part of each altertlate, nliscellalleous devices, accessory objects, and similar items ineideutal to or required for a complete installation whether or slot indicated as p<`u-t of alternate. 13. Notification; l~nmediately following award of the Contract, notify each party involved, in writing, of the stahts of each alternate. Indicate i£ alternates have been accepted, rejected, or deferred for later' consideration. Include a complete description of tlegotiated lnodiheatiosls to alternates. C. Execute accepted alternates under the same conditions as other work of the Contract, D. Schedule: A schedule o£alternates is included at the end afthis Sectiotl. SpeciEcatian Sections referenced in schedule contai-l requirements for rllaterials necessary to acllicvc the work described under each alternate. COMMUNITY CENTER I,OCKEl3.1MI'RQVEMENTS AI,TERNATI?S PROJECT N0.080802 012304 - 1 PART 2 -PRODUCTS (Nat Used) PART 3 -EXECUTION 3.1 SCHEDULE OF ALTERNATES A. Add Alternate L Removal of existing over unity wall light fixtures and surface ztzounted ceiling light fixtures and installation of specified wall and ceiling light fwxtz-res ~ and Ian-ps _ as indicated on the drawings, Tt is izztetzded that the new fixtures will be in the same loe<~tiozt as the existing ones, Deliver removed fixtures to the Owner. Iz-clizde any iuoidental electrical adjustments as may be needed to make new lighting fully operational. I3, Add Alternate 2; Provide attd install "Faux" plc-ttatio-t shutters Izt all existing wizzdow and vent-black loeatiozzs as specified in the drawings, Insure that all req--Ired hardware and trim are i-tcluded as needed fora 6zzislzed appea.ra~-ce. C. Add Alternate 3; Removal and disposal of counter-top of baso cabinet in men's looker room and replace with new with specifictl finish. The existing stainless steal sink and all fittings are Intended #a be reused, Price shall include any and all aspect required i'or xeplacement in full waxking order. A. Add Alternate 4: Removal of rivo (2} existing t-rit.-als azzd foul' (4) wall-l-uzig lavatories and installation of two (2) stew wall hung urinals and new hands-free controls and privacy screens, as well as installation of two (2} ne~v vanity counters Fvltlt integral Lavatories and hands-free fixtures and accessories. Should this alternate be accepted, any necessary cavity wall and floor restoration req-yireinent$ shall b~: included for a fii-ished appeara-tce upon coznpietian. E, Add Alterna#e 5; Removal of five (5} existing floor mounted toilets fixtures and trim and replace with five (S} ztew toilets and hands-free controls as indicated on the drawings. This alternate also provides f'or the removal of all existing toilet partitions and replacement witl- -zew partitions as indicated an the drawings. Tit addition, the existing partitions in #ze women's shower area. arc to be discarded a-ad replaced with new as per the contract documents. All existing toilet accessories shall be re-installed where directed in the field. END OIL SECTION 012300 COMMUNITX CEN'1'1/ft, LOCKER IMPROVI?MENTS AI: TERNATES PROJECT N0.080802 012300 - 2 MEMORANDUM TO: Mayor and City Commissioners FROM: Victor Majtenyi, Deputy Director of Public Utilities Richard C. Hasko, P.E., Director of Environmental Services Department THROUGH: David Harden, City Manager DATE: June 26, 2009 SUBJECT: AGENDA ITEM 8.N.2 -REGULAR COMMISSION MEETING OF .TULY 7, 2009 CONTRACT AWARD/TECHNICAL INSPECTIONS, INC. ITEM BEFORE COMMISSION Request to approve an award to Technical Inspections, Inc. in the amount of $82,285.00 for the rehabilitation of Lift Station No. 1 as part of an annual program for Wet Well Rehabilitation of Building Lift Stations. BACKGROUND The Public Utilities Department requested funding for this annual program with current year's budget allocation at $70,000. The award allows staff to conduct annual rehabilitations on large building stations, prioritizing stations exhibiting the most deterioration. This request is for the rehabilitation of Lift Stations No. 1, located at 430 SE 6~' Avenue (at north end of the Teen Center). The scope of work includes installation of a permanent by-pas pump connection point, maintaining 24hr by-pass pumping operations during the performance of work, vacuum removal of all debris from the wet well, preparation of the wet well surface for coating, and application of the cementitious protective coating. Utilities Maintenance staff solicited formal bids for the rehabilitation of this station, receiving quotes for this work as follows; from Technical Inspections, Inc. in the amount of $82,285.00, and from Chaz Equipment Co. Inc. in the amount of $131,290.00. Murray Logan Construction, Inc. declined the bid submittal. Technical Inspections is the apparent low bidder. Their product submittal proposes two options for a coating material; a product by PermaCast (fortified with Con-Shield) and a product by Strong Seal. Both products provide a standard one year warranty for defective material. The product submitted by Chaz Equipment is SewperCoat, which has been the City's standard product since 2001 for this type of application. The SewperCoat product carries a ten year product warranty. A review and comparison of the technical data for each product indicates all three meet the minimum project specifications. Not having experience with the PeramaCast product, staff requested references. References spoke favorably about the product, although they could not address the longevity of the product (since they were newer installations). The operational effectiveness and durability of this station relies on a quality coating product. Technical data indicates that all products are equal except for the warranty. The substantial difference in cost of the product submitted by Technical Inspections would permit a recoating should the product fail after the expiration of the one year warranty period. On the basis of cost, staff recommends award to Technical Inspections, Inc. for the station's rehabilitation. FUNDING SOURCE Funding is available from account #442-5178-536-68.53, Water and Sewer Renewal and Replacement/ Lift Station Rehabilitation, after a budget transfer. RECOMMENDATION Staff recommends an award to Technical Inspection, Inc. in the amount of $82,285.00 for Rehabilitation of Lift Station No. 1. Project Site Page 18 of 20 r C 0 y+ ~ N p w M ~, J ~ ca 3 0 = N ~ G Z ~ 'yr \ a m N~ I.fi O O O O O O o O O O O O O o 0 0 0 0 0 0 0 U ~I C U ~ a ¢ ~ J Z U Q i ~ O ~ ~ 0 U ~ m m m m m m m ~ 0 c c c c c c c J T w ~ U ~ i Z ~ ~ O O O O O O O ~ O O O O O O O ~ O W O W O V O EA ~ U O ~ O M ~ ~ N ~ j ~ N E9 i i E9 i E9 i E9 M ~ a - Q ~» o ~ ~€ CJ O ~ T C i N Ci ~ Ni Q ~ i ~ O O O O O O O ~ O O O O O O O ~J J O O O O I~ O O . N w °o °v °o °o e» °o e» ~° ~ o ~ o o ri z 0 0 °o °o °o °o °o 0 ~n o 0 0 0 0 0 0 ~ M O O O O ~ W Ef7 U N ~ ~ ~ V ~ N i i i i E N ~ d Ef7 E9 i J ~ ~ a , ~ ~ a o ~ T U i ~ Ni d Ci ~ Di - O O O O O O O ~ O O O O ~ O O U Ln O O O N O O ~ w r ~ O ~ O O O O EA O O EA ~ U ~ ° U ~ a N N i N EA i ~ E9 i M E9 i ~ F ~ i i i i i i i i Z r ~ r r r r M T i .-~ (0 i J ~ ~ J J J J ~ ~ Cn a 3 LL i N E LO Q] - O"O? ~ O O (0 N i 4 y ~ U (0 ~ Z ~ O_ O i 0 ~ t y ' ~ U N i N -Op > y i > O . "O i ~ N O Q]~ U - -_ i ~ Oi ~ d ~~ Q (0 i T U ~ B (0 O m: 3 C C ~ N i Q - U U: ~ O N i i ~ : > a C c0 s N +i o m o'• E ~ ° O i o °- T ~: ~ a ~ (~ Q] : ~ m ~ ~ ~~ ~ ~ 'Q 7 i ~ _ - w (0 C i ~ C _ ~ Ei U-: Q_ O Qi pi ~i (n U: cn a: > 3 a m: ¢ U a m W ~ O O O O O O O ~ z r N M V ~ c0 I~ m M d 0 a rn 0 N f0 N ~ a ~ F (6 a CD a ~ ~ 7 ~ ~ ~ o C ' U O Q a ~ H 7 Z O ~ U -Q N ~ O ~ ~ 0 O_ ~ o a rn o ~ °o a ~ N c ~ ~ d (~ J O `o a` Q ' N ~ O o ~ =~oQ a oN a N W ~ Z .~ , ~ a vi INVITATION TO BID CITY OF DELRAY BEACH PURCHASING OFFICE 100 NW FIRST AVENUE DELRAY BEACH, FLORIDA 33444 (561) 243-7163 BID No. DATE: May 27, 2009 Rehabilitation of Lift Station #1 P/N 2009-032 430 SE 6 Avenue Delray Beach, Florida 33444 Sealed Proposals will be received by the office of the Purchasing Officer, City Hall, 100 NW 1St Avenue Delray Beach, Florida 33444 until Friday, June 5th 2009 at 2:OOpm, at which time they will be publicly opened and read aloud. INVITATION TO BID This Invitation to Bid, 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. MANDATORY PRE-BID: A mandatory pre-bid conference has been scheduled for Monday, June 1St , 2009 at 10:00 am, at the project site, located at 430 SE 6th Avenue, Delray Beach, Florida, 33444. All interested bidders are required to attend and be prepared to ask questions SEALED BIDS: Sealed bids 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 Northwest 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 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 16 of General Conditions. GENERAL CONDITIONS, INSTRUCTIONS AND INFORMATION FOR BIDDERS SUBMISSION AND RECEIPT OF BIDS: a) Bids, 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) Bids 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 bids 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 specified time for materials or services in the quantities or usage shown, these quantities are estimated only. No guarantee or warranty is given or implied by the City of Delray Beach as to the total amount that may or may not be purchased from any resulting contracts. These quantities are for bidders' information only and will be used for tabulation and presentation of bid. 3. 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 prices quoted will govern. c) Consideration in awarding bids for term contracts will be given first to bidder offering firm prices subject to market price reduction and second to bidder offering firm prices for full contract period. If at any time during the period of this contract, the City of Delray Beach is able to purchase the items and/or services at prices less than our contract price, the successful bidder shall meet these prices and in the event of his failure to do so, the City of Delray Beach may negotiate for a new contract on the open market. d) The City reserves the right to purchase items on state contract if such items can be obtained on the same terms, conditions, specifications and in the best interest of the City. e) Bidders may offer a cash discount for prompt payment. However, such discounts will not be considered in determining the lowest net cost for bid evaluation purposes. Bidders should reflect any discounts to be considered in the bid evaluation in the unit prices bid. 4. DELIVERY: a) All items shall be delivered F.O.B. destination, and delivery costs and charges included in the bid price. Failure to do so may be cause for rejection of bid. b) Time will be of the essence for any orders placed as a result of this bid. Purchaser reserves the right to cancel such orders, or any part thereof, without obligation if delivery is not made at the time(s) specified on bid form. 2 5. 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. 6. 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. SAMPLES: Samples, when requested, must be furnished free of expense to the City and if not used in testing or destroyed, will upon request within thirty (30) days of bid award be returned at bidder's expense. 8. 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. 9. 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. 10. 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. 11. 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. 12. 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. 13. SIGNED BID CONSIDERED AN OFFER: This signed bid 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. 14. 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 before a Notice To Proceed will be issued. 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 page (s) 15 8~ 16 for Insurance Requirements. A "sample" certificate has been attached. 15. 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. 16. 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 nonconforming, nonresponsive, unbalanced or conditional Bids. The City reserves the right to reject any one 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. 17. TAXES: The City of Delray Beach is exempt from any sales tax imposed by the State and/or Federal Government. Exemption certificates certified on request. State Sales Tax Exemption Certificate No. 85-80126215590-4 appears on each purchase order. 18. N/A 4 19. EXCEPTIONS TO CONDITIONS, 1 THRU 18 (Boiler Plate) Any time Bid Specifications differ from the General Conditions, Bid Specifications and Special Provisions will prevail. 20. RENEWAL: The City Manager may renew the contract, at the same terms, conditions, and prices, for N/A consecutive term(s) of N/A year(s) subject to vendor acceptance, satisfactory performance and determination that renewal will be in the best interest of the City. 21. 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). 22. 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. 23. 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. CITY OF DELRAY BEACH REHABILITATION OF LIFT STATION #1 CITY OF DELRAY BEACH PROJECT #2009-032 GENERAL NOTES A. PURPOSE: The purpose and intent of this "Invitation to Bid" is to seek a firm price for the furnishing of all labor, material and equipment necessary for the rehabilitation of Lift Station 1 to include the following scope of work; installation of a permanent bypass pumping connection, setup and maintenance of by-pass pumping, vacuum removal of all debris from the wet well, restoration of concrete platform over the influent flow channels, preparation of wet well for coating, installation of restorative coating to wet well, and furnish and installation of new hand rail system at stairwell into wet well. All work shall comply with current State, Local and Florida Building Codes at the most economical price. Service and Workmanship are of primary concern. Bidders with low standards for either service or workmanship will be judged to be non-responsible and their bids non-responsive. No bid will be accepted if it offers lower standards of service and/or workmanship than is described herein. B. NOTICE OF AWARD: It is and shall be understood and agreed that a contract shall be deemed to be awarded and validly entered into between the successful bidder and the City when written notice has been given the award by the City through its authorized office, and a purchase order shall be issued to the bidder covering the same. C. COMPETENCY OF BIDDERS: Bids will be considered only from firms which are regularly engaged in the business of providing the goods and/or services as described in the Bid Invitation and who can produce evidence that they have established satisfactory record of performance for a reasonable period of time; have sufficient financial support, equipment and organization to insure that they can satisfactorily execute the services if awarded a contract under the terms and conditions herein stated. The term "equipment" and "organization" as used herein shall be construed to mean a fully equipped and well established company in line with the best business practices in the industry and as determined by the proper authorities of the City of Delray Beach, Florida. D. VENDOR SERVICE REPRESENTATIVE: The Bidder shall submit with his bid proposal the name, address, and phone number of the person(s) to be contacted for information and for the coordination of service. A contact for both regular work-hours and after-hours, weekends, and holidays must be identified. E. TIME FOR COMPLETION: It is hereby understood and mutually agreed by and between parties hereto the time of completion is an essential condition of this Contract. The complete project must be completed within Thirty (30) days after Notice to Proceed date. The Contractor agrees to being with an adequate force to have the work completed in the time period indicated. Furthermore, if the awarded Contractor fails to complete the work within the prescribed time, the awarded Contractor will pay the City of Delray Beach liquidated damages for each day the work is not completed within the prescribed time. The damage will be at the rate of $250.00 per day. F. SAFETY AND CARE OF WORK: The Contractor shall exercise safe work practices and maintain a safe work area at all times, and shall be responsible for all damages to persons or property resulting from unsafe acts, negligence, poor workmanship, or failure to maintain a clean work-site in connection with his work under this Contract. The Contractor shall be responsible for the care and protection of all work performed until completion and acceptance. G. PERMITS: The Contractor shall be required to secure all permits required to complete this contractual service. There shall be no charge to the Contractor for permits. H. CITY OCCUPATION LICENSE: If the successful Bidder is not licensed to perform work in the City of Delray Beach, the successful Bidder shall obtain an Occupational License before a Notice To Proceed will be issued. Upon notification of Tentative Award, the successful Bidder has fifteen (15) days within which to submit all documentation (insurance, Occupational License, etc.). I. INSPECTIONS: An authorized representative of the City of Delray Beach shall have the right to inspect work while in progress and at the completion thereof. After inspection, Contractor will correct any unacceptable work at no expense to the City. J. PAYMENT: Payment in full will be made after all work is completed, inspected, and accepted by the City. K. INFORMATION: Any questions in regards to the Detailed Specifications of this bid shall be addressed in writing to the Engineering Department, c/o Bob Diaz, Environmental Services Complex, 434 South Swinton Avenue, Delray Beach, Florida, 33444. Any questions in regards to the submission of your bid should be addressed to Patsy Nadal, Purchasing Manager, at (561) 243-7163. L. PUBLIC ENTITY CRIME INFORMATION STATEMENT: 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 date of being placed on the convicted vendor list. STANDARD FORM OF AGREEMENT BETWEEN CITY AND CONTRACTOR THIS AGREEMENT made this day of , 20_, by and between the CITY OF DELRAY BEACH (hereinafter called CITY) and (hereinafter called CONTRACTOR). WITN ESSETH: The CITY and the CONTRACTOR in consideration of the mutual covenants hereinafter set forth, agree as follows: 1. The undersigned CONTRACTOR hereby represents that he has carefully examined all Contract documents, and will perform the contractual requirements pursuant to all covenants and conditions. 2. The CONTRACTOR, as evidenced by the execution of this contract, acknowledges that it has examined the physical characteristics of the job requirements. The CONTRACTOR further acknowledges that the bid price includes all costs and expenses required for the satisfactory completion of the contracts requirements. 3. The contract between the CITY and the CONTRACTOR include the following documents which are attached hereto and incorporated herein by reference of the following: CONTRACT DOCUMENT (S) Invitation to Bid PAGE NUMBERS 1-7 g CONTRACT DOCUMENTS (cont'd) PAGE NUMBERS Standard Form of Agreement 8-12 Corporate Acknowledgment 13 Certificate 14 Insurance Requirements 15 Sample Insurance Form 16 Drug Free Work Place Certification 17 Exhibit "A" 18 Proposal (Schedule of Pricing) Signed by Bidder 19 -20 Addenda numbers 0 to 0, inclusive, and any modifications, including Change Orders, duly delivered after execution of this Agreement. 4. The term of this contract shall commence on the date indicated on the Notice to Proceed. CONTRACTOR shall have 30 days to complete the project. 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, Florida. 6. All notices, requests, demands, and other given if personally delivered or mailed, certified mail, return receipt requested, to the following addresses: AS t0 Clty: City of Delray Beach, FL 100 NW 1st Avenue Delray Beach, FL 33444 As to CONTRACTOR: 9 7. The CONTRACTOR shall not, without prior written consent of the CITY, assign any portion of its interest under this contract and, specifically, the CONTRACTOR shall not assign any moneys due or to become due without the prior written consent of the CITY. 8. The CITY and the CONTRACTOR each binds himself, his partners, successors, assigns and legal representatives to the other party hereto in respect to all convenants, agreements and obligations contained in the contract documents. 9. In consideration of ten dollars ($10.00) and other valuable consideration, the CONTRACTOR shall defend, indemnify and save harmless the CITY, its officers, agents and employees, from or on account of any liabilities, damages, 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 intentional wrongful misconduct of the CONTRACTOR and any persons employed or utilized by the CONTRACTOR in the performance of this Project. CONTRACTOR agrees that negligent, reckless or intentional wrongful misconduct includes, but is not limited to, use of any improper materials or liabilities, damages, losses or 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 io from all such claims and fees, and from any and all suits and actions of every name and description that may be brought against the CITY on account of any claims, fees, royalties, or costs for any invention or patent, and from any and all suits and actions that may be brought against the CITY for the infringement of any and all patents or patent rights claimed by any person, firm, or corporation. The indemnification provided above shall obligate the CONTRACTOR to defend at his own expense or to provide for such defense, at the CITY'S option, any and all claims or liability and all suits and actions of every name and description that may be brought against the CITY which may result from the operations and activities under this Contract whether the construction operations be performed by the CONTRACTOR, his subcontractor or by anyone directly or indirectly employed by either. This indemnification includes all costs and fees including attorneys fees and costs at trial and appellate levels. The CITY will pay to the CONTRACTOR the specific consideration of ten dollars and other good and valuable consideration as specific consideration for the indemnification provided herein. Furthermore, the CONTRACTOR acknowledges that the bid price includes said consideration for the indemnifica- tion 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: Mayor CONTRACTOR: BY: (Print or type name and title) (SEAL) 12 CORPORATE ACKNOWLEDGMENT STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of officer 20_, by or agent, title of officer or agent), of (state or place of incorporation) corporation, on behalf of the corporation. (name of He/She is (personally known to me) (or has produced identification) and has used his/her (type of identification) as identification. Signature of Person Taking Acknowledgment Name of Acknowledger Typed, Printed or Stamped 13 CERTIFICATE (If Corporation) STATE OF FLORIDA ) SS COUNTY OF ) HEREBY CERTIFY that a meeting of the Board of Directors of a corporation under the laws of the State of held on , 20_, the following resolution was duly passed and adopted: "RESOLVED", that , as President of the corporation, he/she is hereby authorized to execute the Agreement dated , 20_, between the City of Delray Beach, Florida and this corporation, and that his execution thereof, attested by the Secretary of the Corporation and with corporate seal affixed, shall be the official act and deed of this corporation". I further certify that said resolution is now in full force and effect. official IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the corporation this day of , 20 (Secretary) (Seal) 14 i~iStJRABVCE REQ4~IREMENTS A. Gi*NERAL During the term of the contract with the City, the contractor shall procure and maintain Insurance of the types and to the limits specified in paragraphs (1) to (4) inclusive below. B. COVERAGE Except as otherwise stated, the amounts and types of insurance shall conform to the following minimum requirements: Worker's Com ensation -Coverage to apply for all employees for Statutory limit's in compliance with the applicable State and Federal Laws. In addition, the policy must include Employer's Liability with a limit of $100,000 each accident. 2. Comprehensive General Liability -Gaverage must be afforded on a form no more restrictive than the latest edition of the Comprehensive General Liability Policy filed by the Insurance Services Office and must include; a) Minimum limits of $300,Q00 per occurrence combined single .limit for Bodily Injury Liability and Property Damage Liability. b) Premises andlor Operations. c) independent Contractors. d) Products andlor Completed Operations. e} No exclusion for Underground, Explosion or Collapse hazards. Business Auto Palic -Coverage must be afforded on a form na more restrictive than the Iatest edition of the Business Auto Policy filed by the Insurance Service Office and must include: a) Minimum Limits of X301),000 per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability. b) Owned Vehicles. c) Hired and Non-Owned Vehicles, d) Employer Non-Ownership. 4. Certificate of Insurance -Certificates of all insurance evidencing the insurance coverage specified in the previous Insurance Administrator prior to commencement of work. The re aired certificates of insurance shall not onl name the t es of alicies rovided but shall also refers ecificall to this bid and section and the above . ara ra hs in accordance with wtaich such insurance is bein furnished. and shall state that such insurance is re aired b such paragraphs o~F_this contract. The successful bidder will include the Cit of Delra Beach as additional insured. if the initial insurance expires prior to the completion of the work, renewal certificates shall be furnished thirty (30) days prior to the date of expiration. Also, under the Cancellation section of fhe Insurance Certification the words "endeavor to" and "buff failure to mail such notice shall impose no obligation ar liability of any kind open the company, t5;.,agents or representative" shall be crossed out as indicated on the attached-"Sample of Insurance Certificate". Insurance certificate„sap,le, next page {5 Sa1243'7165 CITY D~ DEFRAY I3EACt~ E7D PCB DEC 21 '~i 1D:23 ~~ ~~, ~ TittS t~R7't.SE is i5sv~ As ~ dA77Efi ~ irer~a.s<~noai CY4d'C.Y ,f<i~ip &~FF~as~ . ~1 ~ !Jq RiQH75 LiPOht 7-4F CERTIFT~A,TF. ~lCry.RirA, THC6 C~FiTlFtCd41'~ D4~S HOT +9,I,tEHi7, ~{?CtT] Ttd~G~ ~ ~C.. ~~ ~ AL.T~R . c.av~,a~ ~a ar iH~ Fps e~irn'. g n Q, H~1~ ~-~: ~~S'~ C~~'k U~.i~ +~4(~~J G~?~l~~h~~ J4~'~~F$C)I~dCa ~$:~~E~+~['a~ ,r. ~tix'~, ~ IRiRAWY ~ R~D`~ s~ ~PtSURgkd~GE CQ. r 's LF~TF'i=E'~ mtsuc `-~--~':--=+-~--W- Ccx,+~r~rY ~ Gt~'LE`~£ DC~1J?~AGE ~,t~Si~A~CE C4~. a Yr ~~~" C!•;7"i~fS &~LLT+S.~FG' i~D1Z,~,ER~ ASSLI~C. ~~ i_a='rffR Y ~~ ~~~~ P,x~TY'£D6+Tl'iS iTSA 0©Dd~ Ci~~ Y LSI CtMaPevsr ~ ~ I 'rr+rls is ra c~r T1tAT €'+Dt3C IFS c p,rsc~ ,tsST~a t t~a HJ4'~E 8~w Ntli?WYiTH5ThN0iHCV /iC#Y RE~GttF31 I~A~i 98 i55UfrR 0£~ iAAY PA3Fl. T!':E 1k . Et~', T'1=.RM f!R C„QPifN17t]N f?~ AttY iX~t7}t 5dtF3AHC~ Yt'!~~ El~p BY Tk~ ~[+IJG'IE5 R ~ssiiEts~rt~ ~ A4""~` UFI C~WZ»fS p ' s~S116E 4 ~ ~,~~ x EHT WITH I~C ' Abu rl.~ aaur;Y Pi~FtF{:~IiHLStC/4TER. ' T 40 1Yk9IC6d ~"1it5 f~ATFF€C 4TH 16f 6Y 7}C~iS bF SisCFi Pallft~S. ~ r ~ li£11@IH 35 Sttp~.FEfi'E 'CC) R4.1.7ti . E 7~'A1~S. EXi".L uSiClht5. RNO CCllrlp4- ~ ~~~ ~~~~ G7' TYFE OF !f~$Uf'iAiVCE NCStI~Y hlttltBCJi r~n~y ~~C~V@ Wt1E ll.W~p+'r1ry El [ ~~K'S` sluTiorr L~.BiUTY E,lF,~iTS i~l THAU5,4 p ~ GENERRL LIkB![!T`( ~~'~" "'-"'_-"" "" ~- ~ -- ne~u00m~ -._.. _ ~ -'ti; "cs~ c ~cct~z~~Ce , .-~.M,,, .~.cct3c~EGnre ' ~ ~~~ ~~ ~ ~y/t~}y Ga7,.xC tJ! ! ~~~ ry /~ (7 /~ ,.7'"U ~'-lU q ~~.~Z,~~l f!C)L7RY y~ F~F i~~~ .? q ~~ C~,Y.€-APaF hL41Af~) „y PFt~IKTS~OAdPiEi"E~ L~'ERk1'In i$ ~ n v ~ gTM ~ ~~. { T ~r it{pEPENQElVT CdNF~GT4A5 ,a• ~ atCflr~6crrL•D ~ ~~~ ~ ~D~ 6RE1N5 fDfF~a Prt4P~gTY nAS~AGE ~~stttvr~, IF~;u~r ~ R4:F6~^CENAL u~UFtY $ A aurcruxoa~F~ wwa+~rrY --- - '.~..~.~,...~,.~,- A~ ~~ ~n~x~Y~~~ ~-~o~-sv ~-cki~~~ >~Y ~, ~ .. a u w r r a e~ i~r a s~.~ s .~ s I~~rv. - lry ~n ee // '' /~ yy~~ ~ ~ 1 ~ ~ /~1.4 L~13CI~ AI.ITW iFTF{~R ~~i/5.t ~ t PAFy PASS ~ ' , . b Al1Td5 ~>S ~ s ~ . NpN~UkYiVECF AlJTt15 Yr GdRkt~E LU08!(,~'Y __ ei w, ~ ~ ;ACID , - ct~wra 4CCFS5 LEki~liX'CF ~'~.'~' uraaAELLA f4,~§ OTHi»R SHM! UhtBRF.d.I,A Fad &Cxisa~tEa ~ ~ ~'~~'*$' 4fl1~PEi+tSk77t71i SY-,Yytpav _• -"' ~ "' ,"~~_ Y_ @AAPLC]YEflS' i,lket4tTY ~~ $ iDESEA.Se~~ ~Y 1.lFtli~ fl'F~IHfl ~: ~'~'~' ~ IC~~R.S~~ACFa ¢MPiGYEE~ ~~ 6~R~C FREE W~RKP~ACE CERTfFfCATIC3N if identical tie bids exist, preference will be given to the vendor who submits a certification with their bid/proposal certifying they have adrug-free workplace in accordance with Section 287.087, Florida Statutes, The drug-free workplace preference is applied as follows; IDENTICAL. TIE BIDS: Preference shall be given to businesses with drug-free workplace programs. Whenever two or more bids which are equal with respect to price, quality, and service are received by the State ofi by any political subdivision for the procurement of commodities nr contractual services, a bid received from a business that certifies that it has implemented adrug-free workplace program shall be given preference in the award process. Established procedures for processing tie bids will be followed if none of the tied vendors have a drug-free workplace program. As the parson authorized to .sign this statement, I certify that this firm complies fully with the following requirements: 1) This firm publishes a statement notifying employees that the unlawful manufacture, distribution, dispensing,. possession, ar use of a controlled substance is prohibited in the workplace and specifiying the actions that will be taken against employees for violations of such prohibition. 2) This firm informs employees about the dangers of drug abuse in the workplace, the business's policy of maintaining adrug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs and the penalties that may be imposed upon employees for drug abuse violations. 3) This firm gives each employee engaged in providing the commodi#ies or contractual services that are under bid a copy of the statement specified in subsection (1}. 4) In the statement specified in subsection (1}, this fii^m nofifies the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo cantendere to, any violation of chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace na later than fve (5) days after such conviction. 5) This firm imposes a sanction on or requires the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, by any employee who is so convicted. 6) This firm will continue to make a good faith effort to maintain adrug-free workplace through implementation of this section. Contractor's Name _ Signature ~~~ Project Site Page 18 of 20 w~ z~ wa ~H W O H W U ^~^ ~ ILLA L~ z b ~. 0 w v a H z o o~ o~ o~ o~ o~ o Q U Q U Q U Q U Q U Q U a W _U H y~ H O d d e z d L _~ 0 V L 0 U F, ~" vi H ,~ ~ ,~ ,~ ,~ ~ W /V M ~"~ V] Q V] V] V] w a > ~ o bA 3 '~ 0 4" ~ ~ U O ,b ~ bA ~ ~ ~'^ b~q O O .--' ~ 4 ~ .y ~ ~ w ~ ~ ~ 0 3 ~ ~ ~ z ~ ono U ~ a` ~. ~ ~ ~ ~ ~ on 3 :, ~ ~ ~ o ~ ~ mo . ~ 0. ~ ~ ~ _ ~ ~ ~ ~ N ~ ~, ~ ~ .~ ~ o , 0 0 `~ o ~ ~ ~ i..i ar o ,~ ~ o a ~, o~ ~° ~ ~'~ ~ w w o a ~ : a. 3 0 ~ ~ -o a. ~ o ~ ~; Q ~ :, w a. ~ ~ °J ~ ~ ~ :, ~ , ~ ~ ~ o -o a. o ° P; '° °- ~° ~ °- on ~ °- 3 ~ ~ A"' ~ N o ~ ~ N b v ~ c° ~ ~ .~ ~ w ~ cc~-~ Y ~ U iG Li+ iG ~ ,~ ~ O ~ ~ p ai cC ra ~ ~ 'O ~ O. ~ ° O ~+ ca '~ " O C N ~ b ~N ~ ~ b V] F ~ '~ j ~ bA FG . ~' . Pte- O . L i ~ c~ ~" ~ O (6 ~ O O (p N W O ~ N m ~ ~., ~ L ~ ~z a W U z~ W ~l H WQ H W U ^~^ ~ ILLA L~ z O O O O O O O M f{~ f{~ O O O O O O O O M ~i b ~. w v ~ ~ z ~ ~ 0 ~ ~ N ~ O ~ ~ O ~ ~ ~ ~ L ~ N p ~ W ~ ~ ~1 U ~ QN U ~1N U p (j p (j oN on P-i ~ H W d H I ~ .a H ~a U w A O y ~ w -~ o ~ 0 3 3 ~o ~~ b~ ~~ o~ U ~ i, b w ,~ .a 0 bA O U .a U Zi a` r-. i. ~ ~" ~ O ~ ~ i.i ~ P. ~ ~ ~ ~ ACA ~ ~ ACA i.i i.i ~ ~ a` Q ~ Q a` ~ U ~ U 0 0 ~ W ~ W a~ a ~ z z v ~ ~ v ~ ~ ~ ~ H z H z ~ Q O ~ O Q O O O O ~ ~ d F C N d N Z d L _~ 0 V L 0 U 0 .~ J O O MO ~ ~, o ~ o (p N L ~ a MEMORANDUM TO: Mayor and City Commissioners FROM: Richard C. Hasko, P.E., Environmental Services Director THROUGH: David T. Harden, City Manager DATE: June 26, 2009 SUBJECT: AGENDA ITEM 8.N.3 -REGULAR COMMISSION MEETING OF .TULY 7, 2009 PURCHASE AWARD/CAMALUCCI SIGNS ITEM BEFORE COMMISSION Staff requests Commission approval for the purchase of two (2) illuminated directional signs to be prefabricated and installed by Camalucci Signs for a total cost of $28,526 for directing traffic to the entrance to the Old School Square Garage. BACKGROUND Since the completion and opening of the Old School Square Garage in December, 2007, utilization of the facility has been limited except during special events when event attendees are directed to the garage. One of the primary causes for this has been the delay in converting NE 1st Street from one way westbound to two way. The ability to turn east onto NE 1st Street from Swinton Avenue is key to simplifying access to the garage entrance. While this segment of NE 1st Street has now been converted to two way, prominent signage is still needed to direct traffic to the garage entrance, particularly at night when the Atlantic Avenue and Pineapple Grove restaurants, lounges and other businesses are busiest. To address the utilization issue, staff has worked with Camalucci Signs for the past few months to design illuminated directional signage that would be both helpful to drivers and blend in aesthetically with the surrounding environment. Proposals for the signage were reviewed by the Design Services Management Group and a preliminary proposal was presented to Commission at the May 12th Workshop meeting. Commission approved the sign design with minor revisions related to base and directional arrow dimensions. Those revisions have been made and the final sign proposal is attached. It will be illuminated internally and will be visible from both sides. Two (2) signs are proposed. One at the intersection of NE 1st Street and NE 2nd avenue, and one at the intersection of NE 1st Street and NE 1st Avenue (aerial view attached). The total proposal for prefabrication and installation of both signs is $28,526. This figure excludes the provision of electrical service to the signs which will be provided by the City using Public Works staff. FUNDING SOURCE Funding is available in General Construction Fund account #334-3162-541-63.90 after budget transfer. RECOMMENDATION Staff recommends approval. Camilucci Signs SIGNS 350A NE 4th St Delray Beach, FL 33444 Name I Address City of Delray Beach ATTBN: Richert! Hasco 434 S. Swinton Avenue Delray Beach, Florida 33444 PC'OpOSa,I Date Proposal # 6/12/2049 481153 Qty Description I Camilucci Signs will manufacture and Install Two (2) Double Faced illuminated I4 ft. tall Parking Garage signs} as per approved permitted drawing(s). Sign(s) to be fabricated from aluminum with Push-Thru Polycarbanate face panels reading: PARKING, with Directional Arrow and City Logo. All Stainless steel hardware used during fabrication and installation(s). Price includes and is limited to: 1.) Design Labor and materials 2.) Permit and shop drawing(s) 3.) Fabrication materials and labor 4.) Installation materials and labor ONE (1) 124V 24A POWER SUPi'LY CIltCUIT FOR EACH LOCATION TO BE PROVIDED BY CUSTOMER. I accept this Proposal and authorize work to begin SUbtOfaf $2$,526.00 Sates Tax (0.0%~ ~o.04 Totat $2$,526.flfl MEMORANDUM TO: Mayor and City Commissioners FROM: Robert A. Barcinski, Assistant City Manager THROUGH: David T. Harden, City Manager DATE: June 30, 2009 SUBJECT: AGENDA ITEM 8.N.4 -REGULAR COMMISSION MEETING OF .TULY 7, 2009 PURCHASE AWARD/CLUB CAR ITEM BEFORE COMMISSION Commission is requested to approve a purchase of eighty-two (82) DS golf carts from Club Car for the Municipal Golf Course in the net amount of $131,420. BACKGROUND Historically, we have replaced golf carts at the Municipal Course every four (4) years. We have experienced numerous problems with the existing cart fleet ranging from replacement of carburetors, solenoids, batteries, regulators and brake cables. Club Car has been very responsive in repairing the carts per the attached warranty schedule; however, the majority of the items fixed will be out warranty within five (5) months. These breakdowns have resulted in numerous customer complaints and we have had as many as twenty (20) carts down at a time for repairs. Although we can still operate with fewer carts in the summer months, we end up short carts in season. Club Car is proposing to replace eighty-two (82) Predator carts with DS model carts. We previously had this model cart at the Municipal Course and have them at Lakeview and experienced very few problems, if any. Club Car has also agreed to pay the remaining debt service of $48,822.89 for the City and add this amount to the net cost of new carts. The total cost of the new carts is $240,446.96, less trade in of $157,850, plus the $48,822.89 pay off of debt on existing carts, for a net cost of $131,420. The net increase in annual debt service (cash) payments will be $134. We will have to write off in the current fiscal year the balance of the depreciation on the old carts. Due to the problems we have had with the existing carts and customer complaints and concern for escalating maintenance costs for the existing fleet, staff thinks replacement now is the best economical solution. FUNDING SOURCE Funding is available through a lease purchase, which will be bid at a future date. RECOMMENDATION Staff recommends the purchase of eighty-two (82) DS model golf carts from Club Car in the net amount of $131,420. '® Jun, 26. 2449 $ : 33AM No. 4779 F. 1 DelrayBeaclr 6o!/C/ab De%ayBeach, Fl lUne26, 2009 Club Car Jun. 26. 2009 8.33AM pelray Beach GoIF Cluh TA~L~ C)F COIVT~NTS Proposed Equipment Purchase Quotation Special Conslderatldrts No. 4779 P. 2 June 26, 2008 Warranties Jun. 26. 20Q9 $:33Ayi aelray Beach Golf Club ~I~o~os~o ~~ulPnnEnIT No, 4179 P. 3 June 26, 2009 Eighty-two (82) neW 2009 Club Card DS Gasoline Mode! Cluh Cars including the following standard and optional equipment= Standard equipment Included Optional Iquipment Carlapy tap Scuff guards Sweater basket Bagwell protector premium tread tires Color -- Beige;, White or Dario Green Club protector Rear Enclosure Sand buckets -two per car Number decals Hinged windshield Information holder Rake Kit Delivery will be in July X009 TRAI]E-INS (80) 2007 Club Car Precedent Gas Model Club Cars (2) 2009 Club Car Precedent Gas Model Glt~b Car Jun. 26. 2009 8:33AM Delray Beach Golf Club Pu~cNASE t~uoTA-r~o~ We are pleased to submit the following quotation; QUANTITY DESCRIPTION UNIT PRICE 82 New 2009 Club Car® DS Model Gasoline Golf Cars equipped as stated on the Proposed 1=guipment page. Club Car agrees to submit a Check to the City of Delray Beech for the payoff of the current golf car contract. The amount of the check is nat to exceed $48,622.89 (payoff amount through 6134109). The trade cars are to become the praperfy of Club Car, [nc_ TRADE-lN5 80 2007 Precedent Gas Model Club Cars 2 2009 Precedent Gas Modal Club Car No. x+779 P. 4 June 26, zQ09 :TENDED PRICE ~~a~,~2o_oa TOTAL AMOUNT TO Bf~ FUNDED $'I39,42f1.Q0 TERM'S 1FREfGNT DELIVERY DATE SHIPPED VIA Net 30 Da s FOB Destination Jul 2009 Club Car Truck Delray Beach Golf Club Club Car, Inc. sy: Bye Title' Title; Territory Manager Date ; _, Date: Jun. 2b. 2009 8 : 33AM Defray Beach Golf Club Delray BeaC~ Goli Club gY= Title: Date' X40, 4339 P. 5 June 26, 20pS Club Car, Inc, ay: Title: _ Terrltory Manager Date: ~~n. 2~. ~aa~ s. ~3~~ ~o. ~~79 ~. ~ D®Iray 8eaoh Golf Cfub TR/~-DG'"~1~Iti7 RE~~RN I~~IV~~~~~1Y~7 June 2B, 2009 Total of Eighty ~~} / {$p~ 2Qp7 ~ i~? 2009 Precedent Gas Madel Club Cars Delray Beach Gnlf Ciub agrees to sCcept sale respansibifity far the cost af: A. f2epalrs to vehlcle$ damaged due to bair4g used for purposes other than their intended use, Or due to misuse, clause, nr vandalism. B• Replacement equipment fnr vehicles with missing, damaged, or improperly-aperating equipment. C. Repairs to imprnperly-operating vehicles, D, Reduced value of vehicles that have excessive Wear attd tear. The returned vehicles must meet the following conditions: E. Ali vehicles must be free of liens and encumbrances, F. All golf Cars must be in fleet running condition end capable of running for at Isast nine (9~ hales of golf. All nther vehicles must operate properly. G. AN vehicles must be the same quantity and model-year as originally evaluated. H. A!1 vehicles must be clean and tree of trash, scorecards, pencils, tees, etc, I- All electric vehicles must have a working charger„ ~• All vehicles must have serviceable tires that retain proper air pressure. K. All batteries must be free of corrosion and properly tilled with water_ If any of the above conditions are not met by Delray beach Golf Cl~+b, Club Car reserves the right to withhold qtly and a!i SPECIAL CQNSIDERATI4NS stated in this agreement, Delray Beach Goif Club Cfub Car, lnc, ey- ay_ Titfe~ Title' Tert•itc Manager Date: Date: T Jun. 26. X009 $:33AM 17etray aeach Golf Club h1o, 4779 P. 7 .tune 26, 2pp9 sP~cr~~ co~s~bE~aT~o~s The following speciat Consideratipns apply to Delray Beach Golf Glub; REPLACEMENT PARTS AND SERVICE Factory authorized replacement parts, service, and warranty work are handled through Professionat Golf Car Corporation, Club Car's factory authnri~ed dealer in Lake Worth. It is club Car's objective that defray Beach Golf Club will receive professional, timely, and systematic servlce. Club Car offers technical training seminars for Delray Reach Golf Club`s employees involved with gnif Car operations. These seminars are held at Club Car`s manufacturing facility in Augusta, Georgia, and are conducted by professional educators. The club's employees will learn preventive maintenance and repair procedures to enhance its fleet operations. A reasonable fee is charged for these seminars, Jun, ~6. 209 $:33A~ ' ~ Delray Beach Golf Club VYARRANTIES No. 4779 P. $ June 26, 2009 The following warranties apply to Delray Beach Golf Cluh: GOLF CARS Club Car® warrants to Delray Beach Golf Club that its r~ew 20()9-model golf cars am free from defects in materials and workmanship subjeck to #I~e terrns and conditions contained in ttta attached CIUb Car Limited Lifetime Warran#y of/~ J u n. 9 20091 1,42PM DIrLRRY &EACH GQLF CLUB No. 2095 P. 2/3 ~xl ~,~ ~~~ Z~S WAR~Ai~ITIES LIMITED LtFETIMB WA#~RANTY FOR 2QOg p~CEDENrt ~" BY CLUB CAR `~ wARwaNn~ (CLUB CAFt) hereby warrants its crew 2009 Pre~;ec4arlt golf car purah3a9d from INC. CLUB CAR ~ ~ ~ , , CLUB CAR or an 8vth0~i~ad distributer, dealer, or agent shall be free from d~ ~ in ~ e ' tefin o Ara v~+nrkmensh~ under normal Use and service far the period as stated In y~ defir~d ht3rofn, end subject to the pravisiorrs, Ilmttations and 0xdu3bR8 Cpratnitlad In thla wartarrty. 5 VEHtCL.E MEtiN FRAME LIFI;TIM>=' 9USP8NS1atV defined as Stserin9 Gearbox, Steedn~ Column, Shocks. and Leaf Springs. 4 b ~ MAJOR EI.EC1"R©NiCB dm~ned its Onboard Gor+'rptrter (oBC), Solid Smote Speed CorRrolter, and g 4 4 Sestety thprget: 13>il:ty QYCt,~ ~-,TT^RY Four Yasre ar 1004 Rounds or 20.{100 En$rgy Ualts (BU's) ae reca[dod by the CI34', 4 4 4 whiahrvar tlrot ocounA. PlrDAt, 01~4DP defined as Pedaf Group MecAan'-cai An86n4~ht, Brake Cluster lua~mbllae, end Elrake CablAe 4 4 4 SIiWgTS defined as Seat Bottom, Seat i3se~c, and Arm Rests 4 4 4 CANOPY SYST~A defined as GSnoDy~ Hear Canopy Buppori~, Drelnag® System and rral g 4 d Amory Module POWERTt~AtN defin®d as Gasoline Engine, ~46c~o Moto, Casoiere and Electric Transaxle, starter 3 3 3 Generatorf Air Intake, 1~C11oust 9y6htn, and Torque Converter (t7mre and lhi+-Bn). I><ODY GROiJP defined 86 Beauty I?anele, end Front and Rear tlnderbody. 3 ~ "~ ALL REAAAlNM1G CCMPONENT3 defined as solendd, MCOI~ GCOR, limit ~~'~vltrltea, Voltage Regulator, l=&R ,hnr~ri, and Options, and Acx~ssories suppflod by CLUB GAR, indttdfng components 2 2 2 not spedfiecf otherwise. IF THE WARRAMY REGiSTRATIt7N FORM 13 NOT GOMPLEt'ED ANA RETEJRNEC}'f0 CLUB CAR ATTHE TIME OF l'}-IE ORIGINAL REfA1L SALE, PURCHASER MUST PROVIDE PROOF OF DATE OF PURCHASE Wi7H ANY WARRANTY CLAIM. ~fCLUSttiNS, Excluded from any CLUI~ CAR warranty la damwge to s golf car of component r®suiting from a cause otter than a doted includlr~g poor rrtalr,tene~nce, na~leat, abut, accident & ovllision, maint8nance adjustmsnta, unroateoneFrte or unintended strain or use, improper Inste~ItNdan of accessories, irrstaiiatiorr al parts or accessories that are not original equiptr-ent, non- approved eheradon, end ar,~ of cod. Also excluded from any CLUB CAR warranty aro all ft~sas, fllteta, dac~iis (except safety dec~l6), lubrlc~errte, routine west items such as the charger plug and rac~ptaoio, brake BhorCr, helta, bruah~~ fxla'hingA, drive ixdtons, oosmotle deteriaatton, ~ ~^~ whlclr datariorate, t`ada or fell duo to e~oaun or Ordlt~Iry weer end tear, Transpor#stEOn expenses for warranty services are also excluded from t111s warranty. VOIDING OF WARt2AN7Y: THIS ANa ANY OTHER WARRANTY Sl-IALL 13): VOID IF THE C~OLf^ CAR 13 ABUSED OR USED IN AN iJ11lNTEhtBED MANNER OR SHOWS lND1CATIONS THAT IT HAS BEEN ALTI"i~0 EN ANY WAY, INCLUDING, BIJT NOT LINIITE=O Td, MppII:ICATiON Ol+ THB SPEI=D 40VERNOR, Bt~AICIN(3 $YS'fEM, STEERING-~ TRAIVSAXLE, OR OTHER OPERATING SYSTEM8 OF THE CAR Tp CAUSE !f TO pERFC3fiM ouTSiDls CLil6 CAR Si='EClP'ICATIDNS. THE WARRAIV'fY IS LIKEWISE VOID !F THE GAR INV01.V'Ef~ SNOWS INDICATIONS THAT REASONABLE OR NMANUAL WAS OT PER ©FtMED AT THE T MI+ AND N TH~MANNE~R P CIFl a IN SUCH MANUALS. A SE~CE SOLE REMEDY-. CLUB CARS I'~hilityr under ttrls ilmlt®d warranty. or in any action whether bas+d upon warranty, oontracl~ r~gnper-ce, siitiat ptodud fiat~tdy or otherwise, shall tY9 the repair or replacement, at CLUB GAR's optbn, Of ~~ I~i<~ ~~~ ~~~ ~ that CLUB CAR deems to be defective. Replacement aha11 me$n ftlmlahing, durtnp tte rr-pp new goEf car pr TactorY-recanditionact voh~e or component thorraf ttlat Is Identical ar reasonabfy equivalent to tE~e Page 58 2009 Precedent Go1l Car Owner's Metrruaf o~.~~Jun. 9. 2009 ~ 1,42PM DELRAY 8EACN GOLF CLUB No. 2095 P. 3/3 w8rrartted ptvdud ar rorrrpar~nt et no coot to rho purchwer'. Repair ~ShaH mean rem0dyin9 a deflect in itre ~stf car ar mn'tpotr®rrt thereof at na ddst tp fire purchaser dudn8 rho ppplicstble limited warranty pera~d. tf Ci-t1B CAR elects to repair the golf ear, it m8y provide fadory-+~cnnditlohe~d Darla ar rorr~pener~ta. X111 parts and components raced under warranty shall became the property of GI,UB CAR. ~ ~11SCLAtMER: TH1S uMr~ WARRANTY Is EXCLU8N4. CLUB caR MAt¢s No oTHER wAItRANTrr OF ANY w~ll~, >~~SSi=o oR IMPLIED. ANY IMPLIED WAR1'~Af~]'>i1i`s Orr >~RC~M~r~ oR FITNES8 FOR A PARl"ICUL4R PURPO$£ WHICH D(CEI:D THE OBLJGA'CWNS OR T»41E uMITS STATER IN THIS 111tARfiAlV'fY ARC HERI:®Y dISCLAIMED BY GLtJB CJ1R AND E%CWDED FROM TFIIS WAi,RRANTY. 7HE PtIRCHA$!sR ANfl CLUB GAR gepRp$gLY AGRBE'THAT THE SOLE REMEIaY OF 7HE R!`PLACEMENT OR REPAIR Ole THE DEFECTIVE OOLI= CAR OR COMPONEi!+1'T THEREOF IS THE BOLE R~tl~pY Ofr TH ptIRGHASER. GLU4 GAR MAiil:6 NO OTHER ItEPRESENTATi4N OR WARRANTY OF ANY iaNp, AND NC RE Rt'rSENTATi11t?, EMPLOYEE, D[STRIBUYOR OR DEALER OF cl_Ue CAR HAS THE AUTHORITY TO MAKE OIZ MPLY AtrlY R£PRESf=NTATIQN, PROi~IiSf= oR AOR&SMENr, WHICH IN AMY vYAY VARIES THE TERMS 4F THIS W~titAlSliY: k0 CONSEQlJENTlAL DAMAGES: IN NQ EvEN'r sHALt. CLUa CAR BB LIABLE FOR ANY rNC1Df=NTAL. aR QONSEOUEIiItlAl, oMAAa1wS (HCWDINa 9llS IwtOT LltiItlTED TO, LOBS RELATED TO PROPt=RTY OTHER THAN TFIt~ GOLF GAR. I.OS$ 01= USE, I.ObS OF ~nMtr, INCaNVEN1I=NGE, OR ANY oTH1rR r=coNOMtc Loss. Mme sterna alidw rierther limitation on the duralian of an implied warrengr nor exc~uaia'rs nr Ilmttation of Inddental or aan5oquen~al aemag«e. Therefore, the above fimiteUor,s or exciuslone may not apply to you. Th1a werrenry gNaN you t~ legal rights, and you may area have other rlQh~, whlalr vary from trtate b etate. INFO~Iw~-Tlot~: Por NrthaM Infotrr-alion contgct WARRA~I'FY SE=RVICEB,~ CWB CAR, i~lC., P.O. 33ax ~Od65a, Augusta, Georgia ~0917'- 4858, t1.S~A-, 7AS-8G33(]Q0. WARRANTY'YRANBF£R: The original ovuner mall have fire right #a trenQfer any remaining warranty coverage m arm subsequent purchaser only. In order forth®ofiglnei OWrr~r to transfer any renwlning warranty coverage to a Subsequent pur~aser, the vapid®must bE rs- registered by err Authorized Qlub Car pisttit~utnr ar healer with the Warrariy Department art Ctub Cer, inc. Suod~ trarngfer must take piaob Within tt16 Mrat t»rea~ y~rs of the original in service da#~ at the vehlola. "The Llrnlted utetlme aecden o! the 1NaPT~tlty caverogo a+pplles to the Origlrraf purrir~r or ias`~ee only, and ~ eUbS~U9rlt pur~011ar:{er W1l1 Onty haw s< fG~fr-yam oovsrage period bawd an tyre etiglnal in seEVtae date. tin ttanb#era o1 array rerrrrdlnlnp warranty covereQe shell bo permbted by array subsequent purarrRSere. WARNINt~: Any modfRcedon or aRerativn of any golf car t~yand factory spaciilcatEate, Indudlnq thoa® that e4'feCt the vreight distribution, eCarbllity, or of the golf car, can r$us~ serious personei INury or death. 2x09 Precedent Golf Car Owners Manual P&$e 59 CLUB CARS LIMITED LIFETIME WARRANTY FOR 2009 FLEET GOLF CARS ~. wARRa.NTY: CLUB CAR, INC., ('CLUB CAR°) hereby warrants to the Original Retail Fleet Purchaser or Original Relaii Fleet lessee, as those terms are defined heroin, and subJeck to the provisions, limitations and excuslons contained in this Ilmited warranty, that €1s new 2009 Model DS Golf Car purchased from CLUB CAR or an authorized distributor or dealer shall be free from defects in material and workmanship under normal use and service as a golf car for the periods stated below, subJect to the provisions, limitations, and exclusions contained In this Ilmited warranty. LIMITED LIFETIME: WARRANTY: Tire golf car frame (excluding the front and rear bumper mounts), rack and pinion steering gearbox unit and suspension system (defined as the shack absorbers, shock mounts, A-plates, loaf springs, shackles and assoclaied hardware) are warranted for the lifetime of iha vehicle with respec# is parts and labor against defects in material and workmanship from iha date of purchase vhrlle owned by the Original Retail Fleet Purchaser or in the possesston of the Original Retail Fleet Lessee. LIMITED THREE YEAR WARRANTY: The gasoline angina, torque converter (drive and driven), unitized transaxle, starter generator, transaxta {electne vehicle) and electric motor are warranted for a period of three years with respect to parts and labor against defects In material and workmanship from the dale of purchase while owned by the Onginat Retail Fleet Purchaser or in the possession of the Onglnal Retail Fleet Lessee. LIMITED TWO YEAR WARRANTY: All remaining components of the golf car not specified otherwise, except options and aceassones, are warranted for a period of two years with respect to parts and tabor against defects in material and workmanship from the date at purchase while owned by the Original Retail Fleet Purchaser or in the possesston of the Original Retail Fleet lessee. LEMiTEt) ON£ YEAR WARRANTY: Ail anginal equipment options and accessories supplied by CLUB CAR are warranted tviih respect to parts and labor against defects In material and workmanship for a period of ono year from the date of purchase while owned by the Original Retalt Fleet Purchaser or in the possession of the Original Retail Fleet Lessee. This Ilmited warranty rovers materiat, workmanship and repair labor cost as to those items specifically Elsied above for the periods specified. Sucfi repair labor shall be performed only by CLUB GAR, its authonzed distributors or dealers, or a service agency approved by CLUB CAR. IF THE WARRANTY REGISTRAT]ON FORM ES NOT COMPLETED AND RETURNED TO GIUB CAR AT THE TIME OF THE ORIGINAL RETAIL SALE, PURCHASER MUST PROVIDE PROOF OF DATE OF PURCHASE WITH ANY WARRANTY CLAIM. 2. EXCLUSEONS: Excluded from any CLUB CAR warranty are all fuses, filters, decals (except safety decals), spark plugs, Ilght bulbs, lubricants, trim pieces, seats, routine wear Items such as the charger plug and receptacle, brake shoes, belts, brushes, bushings, drive buttons, engine mounts, mats and pads, malniananca adjustments, cosmetic deterioration, and Items which deioriorata or fail due to exposure or ordinary wear and tsar. Batteries, battery charger, onboard computer, and sotid- state speed controller ors covered under separate CLUB CAR warranlfes. Also excluded from any CLUB GAR warranty Is damage to a golf car or component resufling from a cause other than a defect including unreasonable or unintended strain sr use, Improper Installallon of accessories, Installalton of parts or accassodes that are not original equipment, overloading, accident, alteration, abuse or neglect. Transportation expenses for warranty services ara also excluded from this warranty. 3. VOIf)ING OF WARRANTY: THIS AND ANY OTHER WARRANTY SHALL BE VOID EF THE GOLF CAR ES ABUSED OR USED IN AN UNINTENDED MANNER OR SHOWS ENDIGATIONS THAT IT HAS BEEN ALTERED IN ANY WAY, INCLUDING, BUT NOT LIMITED TO, MODIFICATION OF THE SPEED GOVERNOR, BRAKING SYSTEM, STEERING, TRANSAXLE, OR OTHER OPERATING SYSTEMS OF THE CAR TO CAUSE IT TO PERFORla1 OUTSIDE CLUB CAR SPECIFICATIONS. THE WARRANTY IS LIKEWISE VOID IF THE CAR INVOLVED SHOWS 1ND]CATIONS THAT REASONABLE OR NECESSARY MAINTENANCE AS OUTLINED IN THE OWNER'S MANUAL AND MAINTENANCE AND SERVICE MANUAL WAS NOT PERFORMED AT FHE TIME AND 1N THE MANNER SPECIFIED IN SUCH MANUALS. 4. SOLE: REMEDY: CLUB GAR's liability under this Ilmited warranty, or In any action whether based upon warranty, contract, negligence, strict product liability or otherwise, shall be the repair or replacement, at CLUB CAR's option, of the golf car or wmponent thereof that CLUB CAR deems to be defect-eve. Replacement shall mean furnishing, during the applicable Ilmited warranty period, a now golf car or factory-reconditioned vehicle or component thereof that is Idantlca! or reasonably equivalent to the warranted product or component at no cost to iha purchaser. Repair shalt mean remedying a defect in iha golf car or component thereof at no cost to the purchaser during the applicable Ilmited warranty period. If CLUB CAR elects to repair the golf car, it may provide factory-recondlllaned parts er components. Ali parts and components replaced under warranty shall become the propaRy of CLUB CAR. 5. HOW TO MAKE A WARRANTY CLAIM: To make a warranty claim under this limited warranty, you must present the golf car or defective component to an authonzed CLUB CAR disinbutor or dealer or send iha detective component, freight prepaid, to WARRANTY SERVIGi?S, GLUB GAR, INC., 4125 Washington Road, Evans, Georgia 30909, U.S.A., 706-863- 3000. 6. DEFINITIONS: For the purpose of this warranty, an Original Retail Fleet Purchaser Es the original purchaser of the guff car who is in iha business of owning or operating golf courses and who purchases such golf ear for ttta purpose of renting It to golf players for use on such wurses. An Original Retail Fleet Lessen fs the first and- user of the golf car who Es in the business of owning and operating gaff courses and who (eases such golf car for the purpose of renting it is golf players for use sn such golf courses. In the event the golf car is purchased or leased by any entity for the purpose of teasing It to an Original Retail Fleet Lenses, then this Ilmited warranty sha11 extend only to the first Original Ratall Fleet Lessee, and not to such entity or to any subsequent lessee of the golf car. 7. DISCLAIMER: TWES LIMITED WARRANTY IS EXCLUSIVE. GLUB CAR MAKES NO OTHER WARRANTY OF ANY KIND, EXPRESSED OR IMPLIED. ANY IMPLIED WARRANTIES OF M£RGHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE WHICH EXCEED THE OBLIGATIONS OR TIME LIMITS STATED IN THIS WARRANTY ARE HEREBY DISCI-AIMED SY CLUB CAR AND EXCLUDED FROM THIS WARRANTY. THE PURCHASER AND CLUB CAR EXPRESSLY AGREE TWAT THE SOLE REMEDY OF TH£ REPLACEMENT OR REPAIR OF THE DEFECTIVE GOLF CAR OR COMPONENT THEREOF IS THE SOLE REMEDY OF THE PURCHASER. CLUB CAR MAKES NO OTHtR REPRESENTATION OR WARRANTY OF ANY KINO, AND NO REPR£SENTATIVI;, EMPLOYEE, DISTRIBUTOR OR DEALER OF CLUB GAR HAS THE AUTHORITY TO MAKE OR IMPLY ANY REPRESENTATION, PROMISE; OR AGREEMENT, WHICH IN ANY WAY VARIES THE TERMS OF THES WARRANTY. 8. NO CONSEQUENTIAL DAMAGES: IN NO EVENT SHALL CLUB CAR 8£ LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES INCLUDING, 8UT NOT LIMITED 70, LOSS RELATED TO PROPERTY OTHER THAN TH£ GOLF CAR, LOSS OF USE, LOSS OF TIME, INCONV£NI£NCE, OR ANY OTHER ECONOMIC LOSS. Some states allow neither limitation on iha duration of art implied warranty nor exclusions ar Ilmitation of incidental or consequential damages. Therefore, the above Ilmitattons or exclusions may not apply to you. This warranty gives you specific legal rights, and you may also have other rfghts, which vary from skate to state. 9. INFORMATION: For further information contact WARRANTY SERVICES, CLUB GAR, INC., P.O. Box 204659, Augusta, Georgia 30917-4659, U.S.A., 706-863-3000. 'E0. WARNING: Any modification or alteration of any golf car beyond factory specif[cations, Including those that affect the weight distribution, stabitity, or speed of iha golf car, can cause serious personal injury or death. Rev 2009 MEMORANDUM TO: Mayor and City Commissioners FROM: SCOTT PAPE, AICP, SENIOR PLANNER PAUL DORLING, AICP, DIRECTOR OF PLANNING AND ZONING THROUGH: CITY MANAGER DATE: June 25, 2009 SUBJECT: AGENDA ITEM 9.A. -REGULAR COMMISSION MEETING OF .TULY 7, 2009 WAIVER REQUEST/WEST ATLANTIC PUBLIC PLAZA ITEM BEFORE COMMISSION The action requested of the City Commission is consideration of a waiver from the following Land Development Regulation associated with the Class V site plan for the West Atlantic Public Plaza project: 1. LDR [Land Development Regulation] Section 4.6.14(A)(2), which requires a 40-foot visibility triangle at the intersection of two public rights-of-way. BACKGROUND The project area consists of a portion of Block 21 of the Town of Delray subdivision. The property is a 0.228 acre unimproved parcel located at the southwest corner of West Atlantic Avenue and SW 5~' Avenue. At its meeting of June 24, 2009, the Site Plan Review and Appearance Board (SPRAB) approved the Class V site plan application for the West Atlantic Public Plaza development. The development proposal includes the construction of a raised concrete platform with a shade sail structure, decorative paver blocks, aluminum picket fence, optional trellis, two "future" public art locations, and associated landscaping. The SPRAB approved the Class V site plan and recommended approval of the associated waiver to the City Commission. WAIVER ANALYSIS: 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. Visibility at Intersections: Per LDR Section 4.6.14(A)(2), the required sight visibility triangle at the intersection of Atlantic Avenue and SW 5~' Avenue is 40 feet and a safe sight area of 18 feet is proposed due to the encroachment of the public art display area. The applicant has submitted a waiver request from the sight visibility triangle. The applicant has submitted the following verbatim narrative in support of the waivers: "...The intersection of W. Atlantic Avenue and NW/SW 5th Avenue is a signalized intersection. W. Atlantic Avenue is a 4-lane divided road with landscape nodes at the intersections and a posted speed limit of 35 mph. Given the existing streetscape improvements along W. Atlantic Avenue and NW/SW 5th Avenue, the design of the intersection, location of the crosswalks and the associated stop bar locations on both Atlantic Avenue and SW 5th Avenue, drivers will have more than adequate sight visibility and will not necessitate cross visibility on the subject property. From the driver's position in the vehicle, the actual visibility triangles at the street intersections have been accommodated. However, when measured as required by the LDRs a waiver would be required. It is noted at the southwest corner of the intersection, within the existing right-of--way, exists a traffic signal mast arm post and associated equipment box which have not negatively impacted cross visibility, The proposed "future" art feature will be further south and west of these items. The waiver request will not adversely affect the neighboring area, diminish the provision of public facilities, or create an unsafe situation. This waiver would also be supported under similar circumstances and thus will not result in granting a special privilege. Thus, positive findings can be made with respect to LDR Section 2.4.7(B)(5)... " Waiver Analysis: It is noted that the applicant is unable to provide a detail of the art work that will be placed within the visibility triangle since this will be determined at a future date. However, the limit of this area is shown on the plans. As noted in the applicant's justification statement, the subject intersection is signalized which improves vehicular and pedestrian safety. Further, the proposed art display area is located approximately 40 feet from the projection of the intersecting edge of the travel lanes. Therefore, there is no concern with respect to vehicular and pedestrian public safety. Accordingly, positive findings can be made with respect to LDR Section 2.4.7(B)(5), Waiver Findings. RECOMMENDATION Approve the waiver to LDR Section 4.6.14(A)(2), which requires a 40-foot visibility triangle at the intersection of two public rights-of-way where 18 feet is proposed, based on positive findings with LDR Section 2.4.7(B)(5). Q Q .. ¢ Q N . W. ~ - e- t ~ < ~ ~ z A T L A N T I C 1ST ~-- ~r- ~~ A V E N U E ~~ Q 5. 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E ~~~8 ~ ~?4~ ~ ~~1 ~ 4~~~~ 9 e ~ ~ ~~~$2~~2~ ~ ~~ ~B~ES~ 2 i~~ . 8 0 =_ ~ ~ ~ ~ ~ t ~ B B t v r : ~ $) R l~ mlooW a ~ miaow nnev nww sna Yo yo~xw wur w unua. •uuaa wn !o an woo vo xruaucwrl uu muorau au soot ~x a. ua.ax v.ar aws yro ~ ,wow au a mwswsxo au as rt''' { L.L g~ ~R pp ~g O n ssa~~ svads ~~~~ a ~5 b~ 11 ~~$~~ RBR g ~~~~~ ~a ~~ ~ $ t y~ ~6 ~ ~ ~~ ~ 1.~~~~CF~3d! ~ y~C C g „!~e 9~ O ~ ]~ ~ k ! I/ ~ ~~~ ;s e ~ ~3~ ~ ~ ~~~ 9~~~ ~~~ ITEM BEFORE THE BOARD The action before the Board is approval of a Class V site plan request for West Atlantic Public Plaza pursuant to LDR Section 2.4.5(F). The request involves the following elements: D Site Plan; D Building Elevations; D Landscape Plan; and D Waiver. The project is located at the southwest corner of West Atlantic Avenue and SW Stn Avenue. BACKGROUND The project area consists of a portion of Block 21 of the Town of Delray subdivision. The property is an unimproved parcel that contains 0.228 acres. The action now before the Board is approval of the site plan, building elevations, and landscape plan. PROJECT DESCRIPTION The development proposal incorporates the following: - Construction of a raised concrete platform with a shade sail structure; - Installation of decorative paver blocks; - Installation of an aluminum picket fence along the south and west sides of the property. - Construction of a trellis; - Two areas for "future" public art; - Installation of landscape planters and associated landscaping; and - Installation of hardscape features including benches, bike rack, trash receptacles, light poles, and bollards. The development proposal includes a waiver to the following section of the Land Development Regulations: 1. A waiver to LDR Section 4.6.14(A)(2), which requires a 40-foot visibility triangle at the intersection of two public rights-of-way. SPRAB Staff Report Class V Site Plan, Building Elevations, Landscaping, and Waiver for West Atlantic Public Plaza Page 2 SITE PLAN ANALYSIS COMPLIANCE WITH THE LAND DEVELOPMENT REGULATIONS: Items identified in the Land Development Regulations shall specifically be addressed by the body taking final action on the site and development application/request. SITE PLAN WAIVER ANALYSIS 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. Visibility at Intersections: Per LDR Section 4.6.14(A)(2), the required sight visibility triangles at the intersection of Atlantic Avenue and SW 5t" Avenue is 40 feet and a safe sight area of 18 feet is proposed due to the encroachment of the public art display area. The applicant has submitted a waiver request from the sight visibility triangle. The applicant has submitted the following verbatim narrative in support of the waivers: "...The intersection of W. Atlantic Avenue and NW/SW 5t" Avenue is a signalized intersection. W. Atlantic Avenue is a 4-lane divided road with landscape nodes at the intersections and a posted speed limit of 35 mph. Given the existing streetscape improvements along W. Atlantic Avenue and NW/SW 5t" Avenue, the design of the intersection, location of the crosswalks and the associated stop bar locations on both Atlantic Avenue and SW 5t" Avenue, drivers will have more than adequate sight visibility and will not necessitate cross visibility on the subject property. From the driver's position in the vehicle, the actual visibility triangles at the street intersections have been accommodated. However, when measured as required by the LDRs a waiver would be required. It is noted at the southwest corner of the intersection, within the existing right- of-way, exists a traffic signal mast arm post and associated equipment box which have not negatively impacted cross visibility, The proposed "future" art feature will be further south and west of these items. The waiver request will not adversely affect the neighboring area, diminish the provision of public facilities, or create an unsafe situation. This waiver would also be supported under similar circumstances and thus will not result in granting a special privilege. Thus, positive findings can be made with respect to LDR Section 2.4.7(8)(5)..." SPRAB Staff Report Class V Site Plan, Building Elevations, Landscaping, and Waiver for West Atlantic Public Plaza Page 3 Waiver Analysis: It is noted that the applicant is unable to provide a detail of the art work that will be placed within the visibility triangle since this will be determined at a future date. However, the limit of this area is shown on the plans. As noted in the applicant's justification statement, the subject intersection is signalized which improves vehicular and pedestrian safety. Further, the proposed art display area is located approximately 40 feet from the projection of the intersecting edge of the travel lanes. Therefore, there is no concern with respect to vehicular and pedestrian public safety. Accordingly, positive findings can be made with respect to LDR Section 2.4.7(6)(5), Waiver Findings. Parking Requirements: LDR Section 4.6.9(C)(6)(q), parks shall have the parking needs assessed and determined by the City Manager or designee. The City Manager and the Community Redevelopment Agency have considered the proposed park and found that the existing public parking (parallel spaces, Library parking, tennis center, City hall) are sufficient to accommodate the needs of this facility. Open Space: Per LDR Section 4.4.13(F)(2), a minimum of 10% non-vehicular open space is required. The proposed development complies with this requirement since an open space of 22% is proposed. Lighting: Pursuant to LDR Section 4.6.8(A)(3), the maximum illumination for the proposed park is 5.0 foot candles. The proposed photometric plan complies with this illumination standard since the maximum is 4.7 foot candles. Right-of-Way Dedication: Pursuant to LDR Sections 5.3.1 (A) and (D) and Table T-1 of the Comprehensive Plan Transportation Element, the following table describes the required rights-of-way and the existing rights-of-way adjacent to the subject property: Right-of-Way Required Existing Proposed Required Dedication Atlantic Avenue 110' 106' 110' 2' SW 5 Avenue 60' 45' 50' 5' Pursuant to LDR Section 5.3.1(D)(4), a reduction in the required right-of-way width or existing streets may be granted by the City Engineer upon favorable recommendation from the Development Services Management Group (DSMG). The City Engineer and DSMG considered the reductions and approved the reduction of right-of-way for SW 5th Avenue from 60 feet to 50 feet, which will require the dedication of 5 feet. Further, after SPRAB Staff Report Class V Site Plan, Building Elevations, Landscaping, and Waiver for West Atlantic Public Plaza Page 4 considering the Atlantic Avenue right-of-way the City Engineer and DSMG require that a dedication of 2 feet is provided. Therefore, a condition of approval is attached that the applicant dedicate 5 feet to the SW 5t" Avenue right-of-way and 2 feet to the Atlantic Avenue right-of-way. It is noted that these dedications have been accommodated with the development proposal. LANDSCAPE ANALYSIS The City's Senior Landscape Planner has reviewed the proposed landscape plan and found that it substantially complies with LDR Section 4.6.16. The proposed landscaping consists of Silver Buttonwood trees and Foxtail Palms. These areas will be under planted with Red Tipped Cocoplum, Song of India, Dwarf Philodendron, Wild Coffee, Begonia "Joe Hayden," and Green Island Ficus. Further, Confederate Jasmin will be planted adjacent to the trellis. It is noted that the Wild Coffee (Psychotria nervosa), is not a good choice due to its potential health hazards. Swallowed plant parts can cause hallucination and extreme vomiting. Consequently, a condition of approval is attached that the Wild Coffee be replaced with Simpson Stopper or Thryallis (for color). ARCHITECTURAL ELEVATIONS Pursuant to LDR Section 4.6.18(E), the following criteria shall be considered, by the Site Plan Review and Appearance Board, in the review of plans for building permits. If the following criteria are not met, the application shall be disapproved. a) 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. b) 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. c) The proposed structure, or 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 raised platform at the southwest corner of the property includes a 19-foot 9 inch high shade sail structure with white canopy. An 8-foot 11'/ inch aluminum trellis will be installed along the south side of the property. The shade sail structure is an eclectic design that will be aesthetically appealing. REQUIRED FINDINGS REQUIRED FINDINGS (Chapter 3): Pursuant to LDR Section 3.1.1 (Required Findings), prior to the approval of development applications, certain findings must be made in a form which is part SPRAB Staff Report Class V Site Plan, Building Elevations, Landscaping, and Waiver for West Atlantic Public Plaza Page 5 of the official record. This may be achieved through information on the application, the staff report, or minutes. Findings shall be made by the body, which has the authority to approve or deny the development application. These findings relate to Future Land Use Map Consistency, Concurrency, Comprehensive Plan Consistency and Compliance with the LDRs as noted below. Section 3.1.1 (A) -Future Land Use Map: The subject property has a Future Land Use Map designation of CC (Commercial Core) and is zoned CBD (Central Business District). The CBD zoning district is consistent with the (CC) Future Land Use Map designation. Based upon the above, positive findings can be made with respect to consistency with the Future Land Use Map. Section 3.1.1 (B) -Concurrency: As described in Appendix A, a positive finding of Concurrency can be made as it relates to water, sewer, streets and traffic, drainage, parks and recreation, open space, solid waste, and schools. Section 3.1.1 (C) -Consistency (Standards for Site Plan Actions): As described in Appendix B, a positive finding of consistency can be made as it relates to Standards for Site Plan Actions. Section 3.1.1 (D) -Compliance With the Land Development Regulations: As described under the Site Plan Analysis of this report, a positive finding of compliance with the LDRs can be made, when all outstanding items attached as conditions of approval are addressed. Comprehensive Plan Policies: A review of the objectives and policies of the adopted Comprehensive Plan was conducted and the following applicable objectives or policies were noted: Future Land Use Element Objective A-1: Property shall be developed or redeveloped in a manner so that the future use and intensity is appropriate and complies in terms of soil, topographic, and other applicable physical considerations, is complimentary to adjacent land uses, and fulfills remaining land use needs. There are no special physical or environmental characteristics of the land that would be negatively impacted by the proposed public plaza. The development will be complimentary with the surrounding commercial developments and provide a community gathering place in the urban core. As will be identified in the following policies, the proposed public plaza was envisioned for the site by the Southwest Area Neighborhood Redevelopment Plan and Downtown Delray Beach Master Plan. Thus, the proposed public plaza fulfills a remaining land use need in the urban core. SPRAB Staff Report Class V Site Plan, Building Elevations, Landscaping, and Waiver for West Atlantic Public Plaza Page 6 Future Land Use Element Objective C-1: Blighted areas, as designated by the City Commission, shall receive special attention and assistance in renewal. This objective shall be implemented through the following policies and activities. Policy C-1.7 The following pertains to redevelopment of the Southwest Neighborhood Area: This area is generally defined as the area bounded by West Atlantic Avenue on the north, SW 10t" Street on the south, Interstate 95 on the west, and Swinton Avenue on the east. Many of parcels in the area contain vacant or dilapidated structures, substandard parking and substandard landscaping. The area also contains residential areas identified as "Rehabilitation" on the Residential Neighborhood Categorization Map contained in the Housing Element. The Southwest Area Neighborhood Redevelopment Plan (SANRP) was adopted by the City Commission at its meeting of June 3, 2003. The Plan establishes a blueprint for the revitalization and stabilization of the area. The Southwest Area Neighborhood Redevelopment Plan is divided into five sub-areas based upon current and proposed land uses. The sub-areas serve to define potential boundaries for the phased implementation of the various plan components. Future development in the area must be in accordance with the provisions of the Redevelopment Plan. The SANRP identifies the conceptual development pattern for the redevelopment area. The envisioned use of the subject property as identified in the SARNRP is for a public plaza. Thus the development of the site as a public plaza furthers the goal of this policy. Policy C-3.2 The "Downtown Delray Beach Master Plan" (DDBM) 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 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 DDBM also contains conceptualized development patterns for its redevelopment area, which includes the subject property. The DDBM also envisioned a public plaza for the subject site. Thus the proposed public plaza furthers the goal of the DDBM as it relates to this site. SPRAB Staff Report Class V Site Plan, Building Elevations, Landscaping, and Waiver for West Atlantic Public Plaza Page 7 Transportation Element Policy A-2.2 Commensurate with approval of development plans, provisions shall be made for dedication of land for the ultimate planned right-of-way of adjacent streets. Such dedication shall also include sufficient right-of-way for expansion of intersections pursuant to the Palm Beach County Thoroughfare Right-of-Way Identification Map. Pursuant to LDR Sections 5.3.1 (A) and (D) and Table T-1 of the Comprehensive Plan Transportation Element a 2-foot dedication will be required for Atlantic Avenue and 5- foot dedication for SW 5t" Avenue. It is noted that these dedications have been accommodated with the development proposal. Transportation Element Policy D-2.2: Bicycle parking and facilities shall be required on all new development and redevelopment. Particular emphasis is to be placed on development within the TCEA Area. The development proposal provides a bicycle rack at the northwest corner of the property. Based on the above, the policy has been met within the proposed development. Section 2.4.5 (F)(5) -Compatibility (Site Plan Findings): The approving body must make a finding that development of the property pursuant to the site plan will 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 subject property is bordered to the north by CF (Community Facilities) and CBD (Central Business District) to the south, east and west. The surrounding uses are the Delray Beach Fire Station No. 1, to the north; Straghn Funeral Home to the south; Checkers Restaurant to the east; and Clear View Inn to the west. The proposed public plaza will be compatible and harmonious with the neighboring properties. Further, the public plaza will not have an adverse impact on property values in the area. REVIEW BY OTHERS Downtown Development Authority (DDA): At its meeting of June 8, 2009, the DDA reviewed the site plan request and recommended approval, subject to the suggestion that there be more lighting than necessary. Community Redevelopment Agency (CRA): At its meeting of June 11, 2009, the CRA reviewed the site plan request and recommended approval. West Atlantic Redevelopment Coalition (WARC): At its meeting of June 10, 2009, the WARC reviewed the site plan request and recommended approval, subject to the following conditions: SPRAB Staff Report Class V Site Plan, Building Elevations, Landscaping, and Waiver for West Atlantic Public Plaza Page 8 1. Vagrant proof benches (i.e., divider) be provided. 2. Park Signage be provided that includes a listing of all standard city park regulations/restrictions, with specific reference made to: • Park hours • No trespassing (during restricted hours) • No dogs 3. That contact be made with businesses in the immediate area to coordinate entertainment events. Courtesy Notice: Courtesy notices have been provided to the following homeowner's associations and interested parties, which have requested notice of developments in their areas: - Progressive Residents of delray - Delray Beach Chamber of Commerce - Neighborhood Advisory Council Letters of support and objection, if any, will be presented at the SPRAB meeting. ASSESSMENT AND CONCLUSION The public plaza was envisioned at this corner by the Southwest Area Neighborhood Redevelopment Plan and the Downtown Delray Beach Master Plan. The proposed public plaza will provide a communal meeting place along West Atlantic Avenue for community activities. It will also provide a respite from the more intense urban fabric of the downtown for visitors and residents. In accordance with the recommended conditions of the WARC and the Delray Beach Police Department, conditions of approval are attached that the plaza be designated as a City park and that signage is provided on-site that identifies all standard park regulations, park hours, No trespassing during restricted hours, prohibition of dogs, and that coordination is provided between event coordinators and area businesses to avoid scheduling conflicts. It is noted that devices have been provided on the benches that discourage sleeping and skateboarding. The proposed development is consistent with the policies of the Comprehensive Plan and Chapter 3 of the Land Development Regulations. Positive findings can be made with respect to Section 2.4.7(B)(5)[Waiver Findings] and Section 2.4.5(F)(5) regarding compatibility of the proposed development with surrounding properties. ALTERNATIVE ACTIONS A. Postpone with direction. B. Move approval of the request for waiver, Class V site plan, landscape plan, and architectural elevations for West Atlantic Public Plaza, 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 SPRAB Staff Report Class V Site Plan, Building Elevations, Landscaping, and Waiver for West Atlantic Public Plaza Page 9 Section 2.4.7(6)(5), Section 2.4.5(F)(5), and Chapter 3 of the Land Development Regulations, subject to the attached conditions of approval. C. Move denial of the request for waiver, Class V site plan, landscape plan, and architectural elevations for West Atlantic Public Plaza, 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 2.4.7(6)(5), Section 2.4.5(F)(5), and Chapter 3 of the Land Development Regulations. STAFF RECOMMENDATION By Separate Motions: Waiver: Recommend to the City Commission approval of a waiver to LDR Section 4.6.14(A)(2), which requires a 40-foot visibility triangle at the intersection of two public rights-of-way where 18 feet is proposed, based on positive findings with LDR Section 2.4.7(6)(5). Site Plan: Approve the request for a Class V site plan for West Atlantic Public Plaza, by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets criteria set forth in Sections 2.4.5(F)(5), and Chapter 3 of the Land Development Regulations, subject to the following conditions of approval: 1. That the plaza be designated as a City park and that signage is provided on-site that identifies all standard park regulations, park hours, no trespassing during restricted hours, and prohibition of dogs. 2. That coordination is provided between event coordinators and area businesses to avoid scheduling conflicts. Landscape Plan: Approve the landscape plan for West Atlantic Public Plaza based on positive findings with respect to Section 4.6.16 of the Land Development Regulations, subject to the following condition: 1. That the Wild Coffee be replaced with Simpson Stopper or Thryallis (for color). Elevations Approve the proposed elevations for West Atlantic Public Plaza based on positive findings with respect to LDR Section 4.6.18(E). SPRAB Staff Report Class V Site Plan, Building Elevations, Landscaping, and Waiver for West Atlantic Public Plaza Page 10 Attachments: • Appendix A • Appendix B • Site Plan • Architectural Elevations • Landscape Plan Report prepared by: Scott D. Pape, AICP, Senior Planner SPRAB Staff Report Class V Site Plan, Building Elevations, Landscaping, and Waiver for West Atlantic Public Plaza Page 11 APPENDIX A CONCURRENCY FINDINGS Pursuant to Section 3.1.1(8) Concurrency as defined pursuant to Objective B-2 of the Land Use Element of the Comprehensive Plan must be met and a determination made that the public facility needs of the requested land use and/or development application will not exceed the ability of the City to fund and provide, or to require the provision of, needed capital improvements for the following areas: Water and Sewer: ^ The property will be served by a 2 inch service lateral irrigation connection to a 12 inch water main along Atlantic Avenue. ^ Adequate fire suppression will be provided via an existing fire hydrant along Atlantic Avenue. ^ Sewer service is not applicable. However, there is an existing 8 inch sewer main along SW 5th Avenue for future service if necessary. Pursuant to the Comprehensive Plan, treatment capacity is available at the City's Water Treatment Plant and the South Central County Waste Water Treatment Plant for the City at build-out. Based upon the above, positive findings can be made with respect to this level of service standard. Drainage: Drainage is to be accommodated via sheet flow to a dry well system along the west side of the property. There are no problems anticipated in complying with SFWMD requirements and thus, obtaining a surface water permit. Streets and Traffic: The proposed public plaza generates less than one trip per day. Thus, the proposed development will not have an impact with respect to this level of service standard. Parks and Recreation Facilities: Park dedication requirements do not apply for non-residential uses. Thus, the proposed development will not have an impact with respect to this level of service standard. Solid Waste: Trash generated each year by this development will be insignificant. The Solid Waste Authority has indicated that its facilities have sufficient capacity to handle all development proposals until the year 2024, thus a positive finding with respect to this level of service standard can be made. School Concurrency: The proposed development does not contain a residential component, therefore a finding of Concurrency is not applicable. SPRAB Staff Report Class V Site Plan, Building Elevations, Landscaping, and Waiver for West Atlantic Public Plaza Page 12 APPENDIX B STANDARDS FOR SITE PLAN ACTIONS 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. Not applicable Meets intent of standard X Does not meet intent 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 X 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. Not applicable Meets intent of standard X 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 SPRAB Staff Report Class V Site Plan, Building Elevations, Landscaping, and Waiver for West Atlantic Public Plaza Page 13 F. Property shall be developed or redeveloped in a manner so that the future use and intensity are appropriate in terms of soil, topographic, and other applicable physical considerations; complementary to adjacent land uses; and fulfills remaining land use needs. Not applicable Meets intent of standard X Does not meet intent 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 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 and circulation patterns shall 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 X Does not meet intent Development shall not be approved if traffic associated with such development would create a new high accident location, or exacerbate an existing situation causing it to become a high accident location, without such development taking actions to remedy the accident situation. Not applicable Meets intent of standard X Does not meet intent J. Tot lots and recreational areas, serving children from toddler to teens, shall 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 modified for residential developments located in the downtown area, and for infill projects having fewer than 25 units. Not applicable X Meets intent of standard Does not meet intent IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA WAIVER REQUEST FOR ATLANTIC PUBLIC PLAZA ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA 1. The waiver request regarding a sight visibility triangle for the Atlantic Public Plaza Project has come before the City Commission on July 7, 2009. 2. The Applicant and City staff presented documentary evidence and testimony to the City Commission pertaining to the waiver request for the Project. All of the evidence is a part of the record in this case. Required findings are made in accordance with Subsection I. I. WAIVER: Pursuant to LDR Section 4.6.14(A)(2), the required sight visibility triangle at the intersection of Atlantic Avenue and SW 5t" Avenue is 40 feet. The applicant has proposed a sight visibility triangle of 18 feet due to the encroachment of the public art display area. The applicant has submitted a waiver request to allow an 18 foot sight visibility triangle rather than the required 40 foot sight visibility triangle . Pursuant to LDR Section 2.4.7(8)(5), prior to granting a waiver, the approving body shall make a finding that the granting of the waiver: (a) Shall not adversely affect the neighboring area; (b) Shall not significantly diminish the provision of public facilities; (c) Shall not create an unsafe situation; and, (d) Does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. Would a waiver to Section 4.6.14(A)(2) reducing the sight visibility triangle from 40 feet to 18 feet comply with the requirements of 2.4.7(8)(5)? Yes No 3. The City Commission has applied the Comprehensive Plan and LDR requirements in existence at the time the original development application was 1 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 or denies the waiver request to LDR Section 4.6.14(A)(2). Approve Deny 6. Based on the entire record before it, the City Commission hereby adopts this Order this 7t" day of July, 2009, by a vote of in favor and opposed. ATTEST: Nelson S. McDuffie, Mayor Chevelle Nubin, City Clerk 2 MEMORANDUM TO: Mayor and City Commissioners FROM: Carolanne Kucmerowski, Construction Management Technician Richard C. Hasko P.E., Environmental Services Director THROUGH: David T. Harden, City Manager DATE: June 25, 2009 SUBJECT: AGENDA ITEM 9.B. -REGULAR COMMISSION MEETING OF ,TULY 7, 2009 CHANGE ORDER NO.4/WEST CONSTRUCTION, INC./MILLER PARK IMPROVEMENTS PROTECT ITEM BEFORE COMMISSION This item is before the Commission for consideration of Change Order No. 4 in the amount of $95,069.04 to West Construction, Inc., for the excavation required to bury the unsuitable materials onsite; to include compaction and placement of the unsuitable materials for the Miller Park Improvements Project #2006-052. BACKGROUND The Miller Park Improvements Project includes portions of the park that were previously an old landfill, which has not been in use for over 30 years. A geotechnical engineering study was conducted which included a limited number of soil borings on the accessible areas, green areas, and areas surrounding the sports lighting. As a result of the soil borings and the recommendation of the consultant, we did not anticipate that a large volume of unsuitable materials would be generated and only included a nominal allowance line item in the contract for debris removal. During construction the excavation required to complete the project has disclosed a large volume of unsuitable materials which was not anticipated based on results of the initial soils testing. On April 21, 2009 Commission approved Change Order No. 2 in the amount of $164,456.00 for debris removal and disposal of unsuitable materials excavated for the installation of the drainage exfiltration trench system. At that time, staff informed Commission that additional amounts of unsuitable materials would be exposed during the installation of the buildings, pavilion, dug outs, sanitary sewer lines, etc.; and staff anticipated coming back to Commission with a subsequent change order for the disposal of the remaining unsuitable materials. On April 30, 2009 Nutting Engineers of Florida, Inc. performed a subsurface exploration within the approximate building footprints for the proposed Miracle League Concession building, Little League Press Box building, and the maintenance building. Three (3) test borings were performed to a depth of twelve (12) feet in order to verify the limits of the unsuitable materials within the building footprints. The results revealed that the Little League Press Box building and the maintenance building did have unsuitable materials beneath the building footprints; however, the Miracle League Concession building did not reveal any unsuitable materials. The Nutting Engineers' Report, dated May 6, 2009, recommends the removal and replacement as the best method for preparing the site building pads; the report and test results are attached for your reference. The project consultant has confirmed with the local Florida Department of Environmental Protection (FDEP) office that, with proper post construction documentation, the unsuitable material can be reburied onsite within the boundaries of the existing former landfill. Generally speaking, areas of the site known to have significantly less subsurface debris and that do not require structural soils can be excavated, and the clean soil essentially be traded with the unsuitable material excavated from the building pads and other areas of structural concern. On June 16, 2009 Commission approved Change Order No. 3 which included the cost to excavate the remainder of the unsuitable materials to include debris generated during the excavation required for the Little League Press Box building, maintenance building, sanitary sewer system, and water distribution system; and the backfilling of the building pads with onsite material, compaction, and additional bedding material for the drainage system. Change Order No. 4 includes the cost of the excavation required to bury the unsuitable materials onsite; to include compaction and placement of the unsuitable materials. The attached Exhibit "A" details all costs associated with this change order. The City has also directed Nutting Engineers to perform additional soil borings and to investigate and verify a location for the material to be buried. FUNDING SOURCE Funding is available from 334-4173-572-63.90 (General Construction Fund/Miller Park/Other Improvements) after budget transfer. RECOMMENDATION Staff recommends approval of Change Order No. 4 in the amount of $95,069.04 to West Construction, Inc., for the excavation required to bury the unsuitable materials onsite; to include compaction and placement of the unsuitable materials for the Miller Park Improvements Project. CITY OI<' DRLRAY BRACH CHANGI; ORDI/R TO ORIGINAL CONTRACT CHANGE NO, 4 PROJECT NO. 2006-052 DATE: PROJECT TITLE: Miller Park Improvements TO CONTRACTOR: West Construction, II1C. YOU ARE I-IEREBY REQUESTED TO MAKE THE FOLLOWING CHANGES IN THE PLANS AND SPECIFICATIONS FOR THIS PROJECT AND TO PERFORM THE WORK ACCORDINGLY, SUBJECT TO ALL CONTRACT STIPULATIONS AND COVENANTS, JUSTIFICATION: Additional work for the excavation required to hllry the unsuitable materials uncovered at tl>e project site, to include compaction and the placement of the unsuitable materials ousite, per the attached I:xl>;ibit "A"; and a contract exlension of fourteen (14) days. SUMMARY OF CONTRACT AMOUNTICHANGES ORIGINAL CONTRACT AMOUNT $5,436,917.00 COST OF CONSTRUCTION CWANGI:S PREVIOUSLY ORDERED $ 268,747.94 ADJUSTED CONTRACT AMOUNT PRIOR TO THIS CHANGE ORDER $5,705,66494 COST OF CONSTRUCTION CHANGES THIS ORDER $ 95,069.01 ADJUSTED CONTRAC'T' AMOUNT INCLUDING THIS CHANGE ORDER X5,$00,7339$ PERCENT INCREASE THIS CHANGE ORDER l .74°/D TOTAL PERCENT INCREASE TO DATE 6.69% TOTAL CONTRACT TIME WILL BE INCREASED I3Y 14 DAYS CERTIFIED STATEMENT: I hereby ce~•tify that the supporting cost data included is, in my considered opinio~ti, accurate and that the prices quoted are fair and reasonable. West Construction, Inc. (Contractor to sign R. seal) TO BE FILLED OUT I3Y DEPARTMENT INITIATING GWANGE ORDER Funding is available from account: 334-4'i73-572-63.90 (after budget transfer) DEPARTMENT R)'V COMMRND: APPROVED: FUNDING DELRAY BEACH, FLORIDA by its City Com3nissio~>! Enviromnental Services City Attorney By: Mayor ATTE S'I': By: City Clerk S!Tnp,~ldminlProjeclsl2DOGV200G05210FF[CiAI:,C09 Nest A[illerParS: GC 07D709.docx CERTIFIED BY Project information Change proposal Request Project # 08-1031 CPR # 014 Title MILLER PARK IMPROVEMENTS - t3ELRAY issue Date Jun 26 2003 REACH , Address 1905 SW 4TH AVENUE Subject Excavate to place unsuitable City, Stake, Zip 33944 materials onsite t'rime Contract Company Con#act Christopher Caprio Company WJ"ST CONSTRUCTION, INC. Address 318 SOUTH DIXIE HWY, SUITE 4 & 5 City, State, zip 33460 Phone 561-586-2027 Fax 1-561-582-9419 Owner Contact Rafael Baflesteros Company CITYOF DELRAY BEACH Address 434 S. Swinton Avenue City, State, Zip 33444 Phone 561-243-7300 Fax 581-243-7314 Description of the proposed change; ixcavate to place and compact unsuitable materials on project site per City of i]etray Beach Request. Locations will be provided by City Of Delray Beach. Net Amount of this Proposed Change: 95 O6g 04 The Contract Time due to this Change Proposal Request is for 14 working days. r=xcludes: Dewatering, hauling and disposal of unsrrltable materials and excess fit[ offsite, Note: compaction of unsuitable materials will be performed using normal methods, compaction not guaranteed due to the nature of the unsriitable materials. This document, when fully execrated as accepted, sha11 constitute authorization to proceed with the work described herein. Submitted Ry Response: ^ Accept ^ Da Not Accept .WEST CONSTRUCTION. INC. ~ . ~.. CITY OF_DELRAY BEACH Company Company ~~ By Qale by Hate Company Financial and Schedule Impact Details y e 7 Excavate ood material from site 5100 CY $4.90 $25,010.00 Haul ood material and stock ile 5900 CY $. 90 $5 490.00 Haul Unsuitable to excavated location 6100 CY $1.25 $7,625.00 OH&P 5°l° LS $1 905.25 Bond 2°to t_S $800.62 SuUtotal item #1 $40,831.87 2 Place and com act unsuitable material 6100 CY $3.79 $23,119.00 Place ood material and cam act 6100 CY $3.79 $23,119.00 OH&P 15°lo i.S $6,935.70 Bond 2°t° LS $7,083.47 - Subtotal item #2-. ---- __._ . ... ---- ----- $54237.17 ~rrc rEnanciai impact ~ ~y5,uny.u~ 6/28/09 MEMORANDUM TO: Mayor and City Commissioners FROM: Richard C. Hasko, P.E., Environmental Services Director THROUGH: David T. Harden, City Manager DATE: June 29, 2009 SUBJECT: AGENDA ITEM 9.C. -REGULAR COMMISSION MEETING OF .TULY 7, 2009 CONSULTING SERVICE AUTHORIZATION/CURRIE SOWARD AGUILA ARCHITECTS/FIRE STATION N0.3 ITEM BEFORE COMMISSION Staff requests Commission approval of Phase I of a service authorization for architectural consulting services to be provided by Currie Sowards Aguila Architects in the amount of $25,000 for design activities adequate to accommodate the City's application for a Fire Station Construction Grant (SCG) under the American Recovery and Reinvestment Act (ARRA) for the reconstruction of Fire Station #3 on Linton Blvd. BACKGROUND Fire Station #3, located on the north side of Linton Blvd. between SW 4th Ave. and SW 10th Ave. is the oldest active station in the City and remains in marginal physical condition with limited adaptability for housing facilities necessary for the variety of Fire Rescue services currently provided by the City. The attached message from Assistant Chief Connor expresses some of the issues that have arisen as a result of the FS #3 condition. The City's Fire Rescue Department has identified a program available under the American Recovery and Reinvestment Act (ARRA) offering grant funding for Fire Station Construction. As outlined in Chief Connor's message, the Fire Station Construction Grant Program (SCG) is intended to save or create jobs while achieving the goals of firefighter safety and improved response capability/capacity through construction, renovation or modification of fire stations. Total program funding is $210,000,000 with a maximum individual award of $15,000,000. The grant application period ends July 10th with award issuance anticipated between September and December. Projects qualifying for this program must be "shovel ready" within thirty (30) days of a grant award. In order to position ourselves to meet that requirement, we must begin preparation of construction documents immediately. With that in mind, staff has been working with Currie Sowards Aguila Architects (CSA) to establish a strategy for meeting grant submittal requirements and having a "shovel ready" project should we be successful. Fire Rescue staff is very pleased with the Fire Station #4 facility and would like to duplicate it on the Station #3 site. The attached preliminary site layout reflects that this can be accommodated with no modifications to the facility plan except for the deletion of the bypass lane for the fire bays. This approach will help in reducing the required time element for preparation of construction plans. CSA has provided the attached proposal for a complete scope of services including all activities from preliminary design through construction administration in the amount of $191,370. As a first phase of this proposal, the design scope has been reduced to those activities necessary to meet the grant submittal requirements and is limited to a $25,000 cost. The balance of the consulting service scope can be awarded upon notification of a grant award and construction documents can be completed quickly. We would then expedite a competitive bidding process and subsequent contract award. This would likely require more than the thirty day time element to construction subsequent to grant award, however it is generally felt that the thirty day span is somewhat flexible. FUNDING SOURCE Funding is available in account #334-2311-522-31.30, Fire Administration, Professional Services. RECOMMENDATION Staff recommends approval. CURRIE SOWARDS AGUILA ARCHITECTS CONSULTING SERVICE AUTHORIZATION DATE: SERVICE AUTHORIZATION NO. FOR CONSULTING SERVICES CITY P.O #: CITY PROJECT # CITY EXPENSE CODE: TITLE: Fire Rescue Station 3 CSAA # 090402 This Service Authorization, when executed, shall be incorporated in and shall become an integral part of the Agreement between the City of Delray Beach and Currie Sowards Aguila Architects. PROJECT DESCRIPTION This request provides for the re-use of the previously designed and constructed 10,200 square foot three-bay, one story Fire Rescue Station 4 to be replicated on the existing site of Fire Station 3 located at 651 Linton Boulevard. Services generally include revisions to the documents to comply with LDR regulations, site plan approval, and revisions to the documents required to meet revisions to the codes since the original station was designed. In addition, in accordance with Florida Statutes, this project will require to be constructed to meet LEED standards. No modifications are intended or included in this proposal related to the existing on site fuel dispensing system. II SCOPE OF SERVICES The intent of this project is to re-use as much as possible the existing design and construction documents of the Fire Station 4 prof ect on the existing site of Fire Rescue Station 3 on Linton Boulevard. Several items will not be able to be reused, including site civil documents, landscape and irrigation, as well as site lighting. In addition, this project will be required to comply with LEED requirements, something that was not implemented for Station 4. Site Plan Approval will be required. It was also requested that we include the required surveys; geotechnical services, asbestos analysis and abatement, if required, and we will have to make revisions due to new codes in effect since March '09 to comply with Florida Building Code 2007. Upon completion, our services will include all the necessary surveys and studies, site plan approval, revisions to permit documents, revisions to drawings and specifications due to LEED, assistance during bidding and permitting as well as limited construction administration. III BUDGET Professional services will be divided into three (3) phases in order to provide services incrementally allowing for the City to authorize in accordance with funding availability. This proposal is for phase I only. Phase II and III services will be submitted for approval in the future if requested by the City. This Approval Phase I Services (nreliminar A. Boundary, topographic, and tree survey $ 2,000.00 B. Civil Engineering design $ 10,000.00 C. Landscaping & Irrigation design $ 5,200.00 D. Administrative Site Plan Approval $ 5,500.00 Sub-Total 1 $ 22,700.00 Reimbursable Expenses $ 2,300.00 Total l $ 25,000.00 Future Approval Phase II Services (ready for Hermit A. Geotechnical Services $ 2,225.00 B. Asbestos study & abatement specs $ 2,500.00 C. Civil Engineering through permit $ 12,000.00 D. Landscaping& Irrigation through permit $ 1,600.00 E. Permit document revisions to code $ 56,000.00 Sub-Total 2 S $ 74,325.00 Reimbursable Expenses $ 2,675.00 Tota12 $ 77,000.00 Phase III Services (through CO A. Landscaping & Irrigation through CA $ 1,000.00 B. Civil Engineering CA & Certification $ 6,000.00 C. A/E Bid & Construction Administration $ 54,000.00 Sub-Total 3 $ 61,000.00 Reimbursable Expenses $ 870.00 Tota13 $ 61,870.00 Phase IV Services -Additional A. LEED Consulting $ 27,500.00 Total all Expenses and Fees X191,370.00 Total Expenses and Fees this Approval $ 25,000.00 IV COMPLETION DATE Tasks will be completed in accordance with authorized phases and within a mutually agreeable time schedules and upon receipt of written notice to proceed by the City. This Service Authorization is approved contingent upon the City's acceptance of and satisfaction with the completion of services rendered in the previous phase or as encompassed by the previous Service Authorization. If the City in its sole discretion is unsatisfied with the service provided in the previous phase or Service Authorization, the City may terminate the Contract without incurring any further liability. The CONSULTANT may not commence work on any Service Authorization approved by the City to be included as part of the Contract without a further notice to proceed. Approved by: CITY OF DELRAY BEACH CURRIE SOWARDS AGUILA ARCHITECTS Date: Date: Nelson "Woodie" Mc Duffie, Mayor Jose N. Aguila, AIA. Principal (Seal) Attest: Witness Witness STATE OF FLORIDA COUNTY OF PALM EACH The following instrument was acknowledged before me this Day of , 2009, by Jose N. Aguila, of Currie Sowards Aguila Architects, a professional Association. He is personally known to me and did not take an oath. Notary Public My Commission Expires: SEAL From: Connor. Danielle To: Hasko. Richard; James David Subject: RE: FS #3 replacement Date: Monday, June 29, 2009 12:38:35 PM Good Morning, Here is the pertinent information on the grant program for the replacement of Station #3: The Fire Station Construction Grant (SCG) Program is a part of a the American Recovery and Reinvestment Act (ARRA). The ARRA is an economic stimulus package that was designed to jumpstart the U.S. economy, create or save millions of jobs, and put a down payment on addressing long-neglected challenges nationally. Funds received under this Act are intended to support these goals, and unprecedented levels of transparency, oversight, and accountability are required of the expenditure of Act dollars. The purpose of the FY 2009 ARRA SCG is to create or save jobs in recession-hit areas and achieve other purposes stated in ARRA, and achieve AFG goals of firefighter safety and improved response capability/capacity based on need through the construction, renovation or modification of fire stations. Total funding available for this grant program is $210,000,000, with a maximum of $15 million for each award. Our aim, as you know, is to replace our current Station #3. We will document our long history of roof issues, leaks, mold, and rodents. Last year, we incurred the expense of a class action grievance filed by the union with regards to reimbursement of sick time due to the mold issue. The cost of continuously repairing the station is growing prohibitive. This is an incredible opportunity to address many of these issues and replace the station with little cost to the City and the taxpayers. Cecelia Shade confirms that the below funding source is indeed correct. Thank you for your assistance...please let me know if there is anything else you may need from us. Danielle Danielle Connor RN, EMT-P Acting Assistant Chief -Administration Delray Beach Fire-Rescue (561) 243-7487 -Office (561) 441-3080 -Cell (561) 243- 7135 -Fax Connor@ci.delray-beach.fl. us From: Hasko, Richard Sent: Monday, June 29, 2009 11:19 AM To: James, David; Connor, Danielle Subject: FS #3 replacement We have established a cost of $25,000 for consulting work sufficient to meet grant time frames. I need the grant specifics to prepare the agenda item for July 7th as well as a funding source. Below is a snapshot of a Consulting account in Fire Administration showing a balance of $28,650. This is the appropriate funding source for the current proposal. Please advise if this is OK. Thanks GM200I13 City Of Delray Beach Florida 6/29/09 Fiscal Year 2009 Account Balance Inquiry 11:13:11 Account number . ..:334-2311-522.31-30 Fund ........:334 GENERAL CONSTRUCTION FUND Department ..... : 23 FIRE Division ......: 11 FIRE ADMINISTRATION Activity basic ... : 52 PUBLIC SAFETY Sub activity ....: 2 FIRE CONTROL Element ......: 31 PROFESSIONAL SERVICES Object .......: 30 ENGINEERING/ARCHITECT Original budget ........: 0 Revised budget .........: 39,000 04/30/2009 Actual expenditures -current .: 6,430.00 Actual expenditures - ytd ...: .00 Unposted expenditures .....: .00 Encumbered amount .......: 3,920.00 Unposted encumbrances .....: .00 Pre-encumbrance amount .....: .00 Total expenditures & encumbrances: 10,350.00 26.5% Unencumbered balance ......: 28,650.00 73.5 FS=Encumbrances F7=Project data F8=Misc inquiry F9=Misc update F10=Detail trans Flt=Acct activity list F12=Cancel F24=More keys Richard C. Hasko, P.E. Environmental Services Director voice: (561) 243-7336 FAX: (561) 243-7060 email: hasko@ci.delray-beach.fl.us ~~ ~_ ~~ 0 e o~ N i- C_ Q - o IC' -O" _~~~ 24'-4" 1 '. ., ~.....~ a 00 00 ~~ O O N i- O BIUILDI ~I~ ~ 1 ., '_ " II'-4" 48'-8" 8'-8" N CJi i- FIRE STATION #3 LOCATION MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: June 26, 2009 SUBJECT: AGENDA ITEM 9.D. -REGULAR COMMISSION MEETING OF .TULY 7, 2009 INTERLOCAL AGREEMENT WITH GULF STREAM FOR FIRE-RESCUE SERVICES ITEM BEFORE COMMISSION The item before the Commission is consideration of an Interlocal Agreement with the Town of Gulf Stream for Fire-Rescue Services. BACKGROUND The City of Delray Beach initially entered into an agreement with the Town of Gulf Stream for the provision of Fire-Rescue services in 1983. The current agreement was approved in 1999 and will expire on September 30 of this year. Gulf Stream would like to enter into a new agreement. This year, under our current agreement, Gulf Stream will pay us $159,080. Attached is a proposed new agreement. The proposed agreement includes a base charge calculated from our current costs plus a surcharge for providing service outside our City limits. It also includes an escalator clause of 5% per year or the CPI, whichever is greater. When this agreement was discussed at a Work Session, there seemed to be general agreement that Gulf Stream should pay some surcharge in addition to what our residents pay. The surcharge would take into account the fact that our residents have paid for fire stations and major equipment, the cost of which is not reflected in our annual Fire-Rescue Department budget. It is also Delray Beach's credit which is at risk in financing these facilities. Because of similar capital costs and credit risks in the case of utility services, Florida Statutes provide that a city may add 25% to its rates for service outside its boundaries. I recommend that we use this statutory provision as a model for our agreement with Gulf Stream for Fire-Rescue services. Using this approach, the proposed base charge was determined by first dividing our FY 2009 Fire- Rescue budget, less Highland Beach, by our 2008 population estimate, or $19,792,910 / 64,220 = $308.20, and multiplying by Gulf Stream's 2008 population, or $308.20 X 716 = $220,671. This was increased by four percent to account for expected cost increases in the FY 2010 budget, bringing the total to $229,000. Then a 25% surcharge was added for a final base charge of $286,250. This is an increase of some 80% over what we currently charge. Assuming only the minimum 5% annual increase, Gulf Stream would pay Delray Beach some $3,600,000 over the life of a ten year agreement. RECOMMENDATION We recommend that the Commission approve the proposed agreement with the Town of Gulf Stream for providing Fire-Rescue services and authorize staff to forward the agreement to Gulf Stream for their consideration. INTERLOCAL SERVICE AGREEMENT BETWEEN THE CITY OF DELRAY BEACH AND THE TOWN OF GULF STREAM THIS AGREEMENT entered into on this day of , 2009 by and between the CITY OF DELRAY BEACH, FLORIDA, a Florida municipal corporation, and the TOWN OF GULF STREAM, FLORIDA, a Florida municipal corporation. WITNESSETH: WHEREAS, the Town of Gulf Stream presently does not maintain a Fire and Emergency Medical Services Department with fire fighting and emergency medical equipment and personnel; and, WHEREAS, the City of Delray Beach does presently maintain such a Fire and Emergency Medical services Department with fire fighting and emergency medical equipment and personnel; and, WHEREAS, in order to protect the health, safety and welfare of all residents of the Town of Gulf Stream and the City of Delray Beach who may be in the jurisdictional boundaries of the Town of Gulf Stream, it is deemed mutually advantageous to enter into this Agreement, providing for fire and emergency medical services by the City of Delray Beach within the municipal boundaries of the Town of Gulf Stream; and, WHEREAS, Florida Statutes 163.01 authorizes execution of interlocal agreements to provide for such aid and assistance. WHEREAS, the Town of Gulf Stream acknowledges that it is familiar with the facilities and equipment of the City of Delray Beach and has informed itself as to the scope and capabilities of facilities and equipment available, and does hereby accept these services and facilities as being adequate and capable for emergency and other related purposes within the incorporated area of the Town of Gulf Stream. NOW THEREFORE, it is hereby agreed by and between the parties hereto as follows: 1. The City of Delray Beach, during the term of this agreement shall provide the following services to the Town of Gulf Stream through the Delray Beach Fire Department and its officers and personnel responding from City of Delray Beach Fire Stations and administrative facilities. A. Fire Suppression. B. Heavy Rescue and Associated Extrication. C. Basic and Advanced Life Support Pre-Hospital Emergency Medical Services, and emergency transportation to medical facilities. This service will be provided under the same terms and conditions as provided to the residents of the City. The residents of the Town will be responsible for payment of such services under the same terms and conditions, as are residents of the City. The City shall provide Emergency Medical Transport Services for the Town as long as the City possesses a Certificate of Public Convenience and Necessity. If for any reason the City no longer possesses a valid Certificate of Public Convenience and Necessity it shall cease to provide Emergency Medical Transport Services to the Town. D. Public Fire Safety Education E. Fire Prevention and Life Safety Inspections in all occupancies other than one and two family residences. F. Fire code and Life Safety plans examination and review for building permits for occupancies and structures other than one and two family dwellings. G. Initial Hazardous Materials Incident Response and Scene Control. 2. Initial Hazardous Materials Incident Response and scene Control. In the event the City of Delray Beach is notified by the appropriate officials in the Town of Gulf Stream, or by the public through the Police-Fire Communication Center of the City of Delray Beach, of the existence of a fire or other emergency including the need for emergency medical services within the municipal boundaries of the Town of Gulf Stream the City of Delray Beach shall supply such emergency equipment and personnel as are then reasonably available to the City of Delray Beach In the same manner as provided to the citizens of Delray Beach. 3. The final and ultimate determination as to whether a particular notification gives rise to alife-threatening or emergency situation shall solely be the policy determination of the personnel of the City of Delray Beach. 4. This Agreement shall not be construed to impose any obligation, duty or responsibility whatsoever on the City of Delray Beach to provide any specific types, kinds, or numbers of emergency personnel or apparatus at any fire station of the City of Delray Beach, or at any emergency scene within the Town of Gulf Stream within a specific time frame. The City of Delray Beach will dispatch and assign the closest, appropriately staffed and available vehicle(s) to emergencies within the Town of Gulf Stream. 2 The City will endeavor to maintain a dispatch to arrival time within seven (7) minutes. 5. The Town of Gulf Stream acknowledges its responsibility under Section 633.025, Florida Statutes, 2008, concerning minimum Fire Safety Standards. The City of Delray Beach, through its Fire Department, will conduct all necessary or mandatory fire safety inspections and inform the Town Manager of the Town of Gulf Stream of any fire safety matters which require correction. The Town of Gulf Stream shall enforce all applicable fire safety standards in a timely manner and shall report the abatement and disposition of the reported violations to the City of Delray Beach. The City of Delray Beach, through its Fire Department, will provide all necessary technical assistance to the Town of Gulf Stream in order to facilitate this process. 6. The Fire Chief of the City of Delray Beach shall have full and complete authority through the normal chain of command over the operation of Delray Beach Fire department personnel, vehicles and equipment while in the Town of Gulf Stream. 7. The Town of Gulf Stream officials and employees and citizens and residents shall not interfere with the direction, management and deployment of the Delray Beach Fire Department, its personnel or equipment at any time during fire fighting or other emergency situations. 8. All suggestions or complaints concerning services provided under this agreement shall be directed to the attention of the Fire Chief of Delray Beach, in writing, for proper administrative remedy and/or response, as the case may be. In the event the Town of Gulf Stream has a dispute with respect to the City of Delray Beach's performance hereunder, the Town of Gulf Stream, by its governing body, Mayor, Manager or other appropriate municipal official shall forward to the Chief of the Fire Department for the City of Delray Beach, the disputed matter. In the event that the disputed matter is not addressed in a manner suitable to the Town of Gulf Stream, the town shall request of the Chief of the Fire Department for the City of Delray Beach, Florida, that the disputed matter be resolved by the City Manager of the City of Delray Beach. If the disputed matter cannot be resolved by the City Manager of the City of Delray Beach, the disputed matter shall be scheduled on the next available Delray Beach City Commission meeting or workshop as the City Manager deems appropriate. 9. The parties hereto further understand and agree that a possibility exists that the Delray Beach Fire Department may receive simultaneous calls for separate accidents, fires and other public safety problems. In the event of a simultaneous occurrence of emergencies in the City of Delray Beach 3 and the Town of Gulf Stream, the judgment of the Fire Chief of the City of Delray Beach, or the senior Fire Department Officer on duty at the time, as to which call should receive first priority response, shall be binding upon the parties hereto and shall control actions of both parties hereto. If the City of Delray Beach can not respond to a call for assistance from the Town of Gulf Stream due to multiple calls and/or alarms in progress the caller from the Town of Gulf Stream will be so advised and all reasonable efforts will then be made by the City of Delray Beach to arrange for a suitable response from another agency or jurisdiction cooperating with the City of Delray Beach through various mutual aid agreements in effect at the time. At the time of the execution of this agreement the City of Delray Beach has Mutual Aid Agreements in effect with the Cities of Boynton Beach, Boca Raton, Palm Beach County and is a participant in the Fire- Rescue Interlocal Agreement for Governmental Agencies in Palm Beach County and the interlocal agreement for Regional Hazardous Materials Response Services. The City of Delray Beach will endeavor to notify the Town of Gulf Stream of any changes in these agreements. 10. The Town of Gulf Stream shall inspect annually all fire hydrants within its corporate limits to verify their satisfactory operation and function and agrees to repair or cause to be repaired all fire hydrants, branch valves, and sectional valves within the municipal water distribution system which could affect fire suppression operations. It is further understood that all fire hydrant threads shall conform with those used by the Delray Beach Fire Department or non-conforming threads, if any, shall be changed without delay at the expense of the Town of Gulf Stream. Inoperative fire hydrants, valves, etc. within the municipal distribution system shall be repaired without delay, but in no case later that thirty (30) days following discovery of any deficiency. Fire hydrants which are placed out of service shall be immediately reported to the City of Delray Beach Fire Department. Immediate notice shall also be given when said fire hydrants are returned to service. 11. The Town of Gulf Stream shall report all street and road closures and openings immediately to the City of Delray Beach Fire Department. 12. All exemptions from ordinance and rules, and all pension, insurance, disability, workers compensation, salary, death, and other benefits which apply to the activity of such officers, agents, or employees of the City of Delray Beach, when performing their respective functions within the territorial limits of the City of Delray Beach, Florida shall apply to them to the same degree, manner, and extent while engaged in the performance of any of their functions and duties within the Town of Gulf Stream. 13. During the term of this agreement, the City of Delray Beach shall be the sole provider of the services enumerated within the Town of Gulf Stream. 4 14. The Town of Gulf Stream agrees to pay the City of Delray Beach, during the term of this Agreement, a service fee for the emergency and administrative services enumerated above. The service fee is based on the annual operating budget of the City of Delray Beach for the provision of Fire Prevention, Fire Suppression, Emergency Medical Services, and related services; the population of the City of Delray Beach; and the population of the Town of Gulf Stream. This fee entitles the Town of Gulf Stream and its residents access to the previously enumerated fire department services and programs. Extraordinary events or unusual demands for services requiring personnel and/or equipment to be stationed within the corporate limits shall be billed separately by the City of Delray Beach to the Town of Gulf Stream based on the actual costs to provide these services. In the case of hazardous materials abatement and/or mitigation, these extraordinary costs shall be paid directly to the vendors or, outside contractors involved as directed by the City of Delray Beach. 15. Beginning on the effective date of this agreement, the Town of Gulf Stream shall pay to the City of Delray Beach an annual service fee of $286,250. One twelfth of this amount will be due and payable on or before the first business day of each month. The Finance Department of the City of Delray Beach shall bill the Town of Gulf Stream for this amount on or before the 15th day of the preceding month. In the event payment is not made timely, a late charge equal to the then prevailing legal rate of interest shall be added to the Town of Gulf Stream's liability to the City of Delray Beach, Florida. Interest shall be compounded daily commencing with the first business day of each month. If payment is not received for two successive months, then upon thirty (30) days notice the City of Delray Beach, Florida, may terminate its responsibilities as provided herein. The parties agree that the annual service fee may be adjusted to offset increased costs of providing the enumerated services and programs due to extraordinary unfunded mandates of the Federal, State or County governments. 16. The Town of Gulf Stream and the City of Delray Beach agree that the service fee shall be adjusted annually based on the "All Urban Consumers - United States" April Consumer Price Index (CPI) or an increase of five percent (5.0%), whichever is greater. The projected annual service fee adjustment will be reported to the Town Manager of the Town of Gulf Stream on or before July 15th of each year and will become effective on October 1st. 5 17. All notifications of claims shall be provided in writing to the respective Town Manager and City Manager of the parties hereto. This does not apply to notifications of necessity for supplying of emergency services which are the subject of this Agreement. 18. This Agreement represents the entire Agreement between the parties and supersedes all prior negotiations, representations, or agreements either written or oral, including the 1983 "Emergency Medical Services Agreement". This agreement may only be amended or modified in writing and executed by all parties to this Agreement, except as previously provided above with the annual service fee. 19. The term of this Agreement shall be for ten (10) years beginning October 1, 2009 and extending through midnight on September 30, 2019 with options to renew for additional periods of five (5) years each upon the mutual agreement of both parties hereto in writing. 20. This agreement may be terminated for good cause only in the event of breach of its terms or in the event of the inability of the City of Delray Beach to provide the services specified herein. In the event that either party desires to terminate this agreement for good cause resulting from the breach of its terms, the party alleging the breach shall give notice of its intent to terminate this agreement at the end of a contract year upon submission to the other party. Said notice shall be in writing and shall be given at least six (6) months prior to the end of any twelve month period which commences on October 1st and terminates on September 30th of the subsequent year. If an impasse arises as to whether either party has breached this agreement, each party shall select an independent party to act as an arbitrator, and the two arbitrators selected by the parties shall select a third arbitrator and the arbitrators by majority vote shall decide whether the party has breached this agreement and shall also decide any other dispute arising hereunder. Said arbitrators shall act in accordance with the rules of the American Arbitration Association and the parties hereby agree that they shall be bound by the decision of the arbitrators. In the event of termination for cause resulting from the inability of the City of Delray Beach to provide the services specified pursuant to the terms of this agreement, the City of Delray Beach shall provide the Town of Gulf Stream at least six (6) months notice prior to the end of any twelve month period which commences on October 1st and terminates on September 30th of the subsequent year. Any inability to provide the services specified in this agreement shall be substantiated only upon a clear showing by the City of Delray Beach of a similar inability to provide said services for the residents of the City of Delray Beach. 21. Any cost of expenses (including reasonable attorney's fees) associated with litigation concerning the terms and conditions of this agreement shall 6 be borne by the non-prevailing party, provided however, that this clause pertains only to the parties of this agreement. IN WITNESS WHEREOF, the parties hereto have caused these presents to be signed by their duly authorized officers on this day of , 2009. ATTEST: CITY OF DELRAY BEACH, FLORIDA By: City Clerk Approved as to form: By: City Attorney ATTEST: By: City Clerk Approved as to form: By: City Attorney By: Mayor TOWN OF GULF STREAM, FLORIDA By: Mayor 7 Fete-27-2001 05:41 pe iii 1-~'~''~ 1 ~~ . ^ ,~ . ORB 1 ~3.3~ Pg ~~r8 a '3 s a r- INTERLOCAL SERVICE AGREEMENT RF:TWF'.F'.N TFIE CITY OF DELRAY BEACH AND THE TOWN OF GULF STREAM THIS AGREEMENT entered into on this ,22~rc day of or~~R- 1999 by and between the CITY OF DEL,RAY BEACH, FI.~ORIDA, a Florida municipal corporation, and the TOWN OF GULF STREAM, FLORIDA, a Florida municipal corporation. W I T N E S S E T H: WHEREAS, the Town of Gulf Stream presently does not maintain a Fire and Emergency Medical Services Department with fire fighting and emergency medical equipment and personnel; and, WHEREAS, the City of Delray Beach does presently maintain such a Fire and Emergency Medical services Department with fire fighting and emergency medical equipment and personnel; and, WHEREAS, in order to protect the health, safety and welfare of all residents of the Town of Gulf Stream and the City of Delray Beach who may be in the jurisdictional boundaries of the Town of Gulf Stream, it is deemed mutually advantageous to enter into this Agreement, providing for fire and emergency medical services by the City of Delray Beach within the municipal boundaries of the Town of Gulf Stream; and, WHEREAS, Florida Statutes 13.01 authorises execution of interlocal agreements to provide far such aid and assistance. WHEREAS, the Town of Gulf Stream acknowledges that it is familiar with tine facilities and equipment of the Cit~r ref Delray Beach and has informed itself as to the scope and capabilities of facilities and equipment available, and does hereby accept these services and facilities as ?oeing adequate and capable for emergency and other related purposes within the incorporated area of the Tawn of Gulf Stream. NOW THEREFORE, it is hereby agreed by and between the parties hereto as follows: 1. The City of Delray Beach, during the term of this agreement shall provide the fallowing services to the Tawn of Gulf Stream through the Delray Beach Fire Department and its officers and personnel responding from City of Delray Beach Fire Stations and administrative facilities. ',, .~ QRB 12338 Pg ~~9 A. Fire Suppression, B. Heavy Rescue and Associated Extrication. C. Basic and Advanced Life Support Pre-Hospital Emergency Medical Services, and emergency transportation to medical facilities. This service will be provided under the same terms and conditions as provided to the residents of the City. The residents of the Town will be responsible for payment of such services under the same terms and conditions, as are residents of the City. The City shall provide Emergency Medical Transport Services for the Town as long as the City possesses a Certificate of Public Convenience and Necessity. If for any reason the City no longer possesses a valid Certificate of Public Convenience and Necessity it shall cease to provide Emergency Medical Transport Services to the Town, D. Public Fire Safety Education. E. Fire Prevention and Life Safety Inspections in all ocr_~apancies other than one and two family residences, F. Fire Cade and Life Safety plans examination and- review for building permits far occupancies and structures other than one and two family dwellings. G. Initial Hazardous Materials Incident Response and scene Control. 2, In the event the City of Delray Beach is notified by the appropriate officials in the Town of Gulf Stream, or by the public through the Police-Fire Communication Center of the City of Delray Beach, of the existence of a fire or other emergency including the need for emergency medical cervices within the municipal boundaries of the Tawn of Gulf Stream the City of Delray Beach shall supply such emergency equipment and personnel as are then reasan~bly available to the City of Delray beach in the same manner as provided to the citizens of Delray Beach. 3, The final and ultimate determination as to whether a particular notification gives rise to a life-threatening or emergency situation shall solely be the policy determination of the personnel of the City of Del.r.ay Beach. 4. This Agreement shall not be construed to impale any obligation, duty or responsibility whatsoever on the City of Delray Beach to provide any specific types, kinds, or numbers of emergency personnel or apparatus at any fire station of the City of Delray Beach, or at any emergency scene within the Town of Gulf Stream within a specific time frame. The City of Delray Beach will dispatch and assign the closest, appropriately staffed and available vehicle(s)to emergencies within the Town of Gulf Stream. 2 LIRS 1 X338 Pg ~~r~ - The City will endeavor to maintain a dispatch ofarcival f within seven (?) minutes. - 5. The Town of Gulf Stream acknowledges its respt~nsibility under Section &33.025, Florida Statutes, 1998, concerning minimum Fire Safety Standards. The City of Delray Beach, through its Fire Department, will conduct all necessary or mandatory fire safety inspections and inform the Town Manager of the Town: of Gulf Stream of any fire safety matters which require correction., The Town of Gulf Stream shall enforce alI applicable fire safety standards in a timely manner and shall report the abatement and disposition of the reported violations to the City of Delray Beach. The City of Delray. Heath, through its Fire Department, will provide all necessary technical assistance to the Town of Gulf Stream in order to facilitate this process. 6. The Fire Chief of the City of Delray Beach shah have full and complete authority through the normal chain of command over the operation of Delray Beach ~.~ i7epartment personnel, vehicles and equipment while in the Town of Gulf Stream. ?. The Town of Gulf Stream officials and employees and citizens and residents shall not interfere with the direction, management and deployment of the Delray Heath Fire Department, its personnel or . equipment at any time during fire fighting or other emergency situations. 8. All suggestions or complaints concerning services provided under this agreement shall be directed to the attention of the Fire Chief of Delray Heath, in writing, far proper administrative remedy andjor response, as the case may be. In the event the Tawn of Gulf Stream has a dispute with respect to the City of Delray Beach's performance hereunder, the Tawn of Gulf Stream, by its governing body, Mayor, Manager or other appropriate municipal official shall forward to the Chief of the Fire Department for the City of Delray Beach, the disputed matter. In the event that the disputed matter is not addressed in a manner suitable to the Tawn of Gulf Stream, the town shall request of the Chief of the Fire Department far the City of Delray Reach, Florida, that the disputed matter be resolved by the City Manager of the City of Delray Beach. If the disputed matter cannot be resolved by the City Manager of the City of Delray Beach, the disputed matter shall be scheduled on the next available Delray Reach City 'Commission meeting ar workshop as the City Manager deems appropriate. 9. The parties hereto further understand and agree that a possibility exists that the Delray Beach Fire Department may receive simultaneous .calls for separate accidents, fires and other public safety problems. In the event of a simultaneous occurrence of emergencies in the City of Delray Heaeh and the Town of Gulf Stream, the judgement of the Fire Chief of the City of Delray Beach, ar the senior Fire Department officer an duty at the time, 3 [}RB i ~3~8 Rg ~'iErM,~ -, . , The City will endeavor to maintain a dis~cl~ ~~~r~-~al ~~,, within seven (7} minutes. 5. The Town of Gulf Stream acknowledges its responsibility under Section 633.025, Florida Statutes, 199$, concerning minimum Fire Safety Standards. The City of Delray Beach, through its Fire Department, will conduct all necessary or mandatory fire safety inspections and inform the Town Manager of the Town of Gulf Stream of any fire safety matters which require correction. The Town of Gulf Stream shall enforce all applicable fire safety standards in a timely manner and shall report the abatement and disposition of the reported violations to the City of Delray Beach. The City of Delray Beach, through its Fire Department, will provide all necessary technical assistance to the Town of Gulf Stream in order to facilitate this process. 6. The Fire Chief of the City of Delray Beach shall have full and complete authority through the normal chain of command aver the operation of Delray Beach Fire Department personnel, vehicles and equipment while in the Town of Gulf Stream. 7. The Tawn of Gulf Stream officials and employees and citizens and residents shall not interfere with the direction, management and deployment of the Delray Beach Fire Department, its personnel or equipment at any time during fire fighting or other emergency situations. 8. All suggestions or complaints concerning services provided under this agreement shall be directed to the attention of the Fire Chief of Delray Beach, in writing, for proper administrative remedy andfor response, as the case may be. In the event the Town of Gulf Stream has a dispute with respect to the City of Delray Beach's performance hereunder, the Tawn of Gulf Stream, by its governing body, Mayor, Manager or other appropriate municipal official shall forward to the Chief of the Fire Department for the City of Delray Beach, the disputed matter. In the event that the disputed matter is not addressed in a manner suitable to the Town of Gulf Stream, the town shall request of the Chief of the Fire Department far the City of Delray Beach, Florida, that the disputed matter be resolved by the City Manager of the City of Delray Beach. If the disputed matter cannot be resolved by the City Manager of the City of Delray Beach, the disputed matter shall be scheduled on the next available Delray Beach City Commission meeting or workshop as the City Manager deems appropriate. 9. ~.Che parties hereto further understand and agree that a possibility exists that the Delray Beach Fire Department may receive simultaneous calls for separate accidents, fires and other public safety problems. In the event of a simultaneous occurrence of emergencies in the City of Delray Beach and the Town of Gulf Stream, the judgement of the Fire Chief of the City of Delray Beach, ar the senior Fire Department Officer an duty at the time, 3 . - CIRH i ~~38 pg ~~, ~. as to which call should receive first priority response, shall be binding upon the parties hereto and shall control actions of both. parties hereto. If the City of Delray Beach can not respond to a call for assistance from the Town of Gulf Stream due to multiple calls andjor alarms in progress the caller from the Town of Gulf Stream will be so advised and all reasonable efforts will then be made by the City of Delray Beach to arrange for a suitable response from another agency or jurisdiction cooperating with the City of Delray Beach through various mutual aid agreements in effect at the time. At the time of the execution of this agreement the City of Delray Beach has Mutual Aid Agreements in effect with the Cities of Boynton Beach, Boca Raton, Palm Beach County and is a participant in the Fire-Rescue Interlocal Agreement for Governmental Agencies in Palm Beach County and the interlocal agreement for Regional Hazardous Materials Response Services. The City of Delray Beach will endeavor to notify the Town of Gulf Stream of any changes in these agreements. l0. The Town of Gulf Stream shall inspect annually all fire hydrants within its corporate limits to verify their satisfactory operation and function and agrees to repair or cause to be repaired all fire hydrants, branch valves, and sectional valves within the municipal water distribution system which could affect fire suppression operations, It is further understood that all fire hydrant threads shall conform with those used by the Delray Beach Fire Department or non-conforming threads, if any, shall be changed without delay at the expense of the Town of Gulf Stream. Inoperative fire hydrants, valves, etc. within the municipal distribution system shall be repaired without delay, but in no case later that thirty (30} days fallowing discovery of any deficiency. Fire hydrants which are placed out of service shall be immediately reported to the City of Delray Beach Fire Department. Immediate notice shall also be given when said fire hydrants are returned to service. 11. The Town of Gulf Stream shall report all street and road closures and openings immediately to the City of Delray Beach Fire Department. 1~. All exemptions from ordinance and rules, and all pension, insurance, disability, workers compensation, salary, death, and other benefits which apply to the activity of such officers, agents, or employees of the City of Delray Beach, when performing their respective functions within the territorial limits of the City of Delray Beach, Florida shall apply to them to the same degree, manner, and extent while engaged in the performance of any of their functions and duties within the Town of Gulf Stream. 13. During the term of this agreement, the City of Delray Beach shall be the sole provider of the services enumerated within the Town of Gulf Stream. 4 14. The Town of Gulf Stream agrees to pay the City of Delray Beach, during the term of this Agreement, a service fee for the emergency and administrative services enumerated above. The service fee is based on the annual operating budget of the City of Delray Beach for the provision of Fire Prevention, Fire Suppression, Emergency Medical Services, and related services; the population of the City of Delray Beach; and the population of the Town of Gulf Stream. This fee entitles the Town of Gulf Stream and its residents access to the previously enumerated fire department services and programs. Extraordinary events or unusual demands for services requiring personnel and/or equipment to be stationed within the corporate limits shall be billed separately by the City of Delray Beach to the Town of Gulf Stream based on the actual costs to provide these services. In the case of hazardous materials abatement and/or mitigation, these extraordinary costs shah. be paid directly to the vendors or, outside contractors involved as directed by the City of Delray Beach. 15. Beginning on the effective date of this agreement, the Town of Gulf Stream shall pay to the City of Delray Beach an annual service fee of $123,260. One twelfth of this amount will be due and payable on or before the first business day of each month. The Finance Department of the City of Delray Beach shall bill the Town of Gulf Stream for this amount on or before the 15th day of the preceding month. In the event payment is not made timely, a late charge equal to the then prevailing legal rate of interest shall be added to the Town of Gulf Stream's liability to the City of Delray Beach, Florida. Interest shall be compounded daily commencing with the first business day of each month. If payment is nat received for two successive months, then upon thirty {30} days notice the City of Delray Beach, Florida, may terminate its responsibilities as provided herein. 15a. The parties agree that the annual service fee may be adjusted to offset increased costs of providing the enumerated services and programs due to extraordinary unfunded mandates of the Federal, State ar County governments. 16. The Town of Gulf Stream and the City of Delray Beach agree that the service fee shall be adjusted annually based on the "All Urban Consumers - United States" April Consumer Price Index (CPI} The projected annual service fee adjustment will be reported to the Town Manager of the Town of Gulf Stream on or before ~.7uly 15th of each year and will become effective on October lst. 17. All notifications of claims shall be provided in writing to the respective Town Manager and City Manager of the parties hereto. This does not apply to notifications of necessity for supplying of emergency services which are the subject of this Agreement. 5 .n ~ . '18. This Agreement represents the and supersedes all prior agreements either written or Medical Services Agreement". or modified in writing and Agreement, except as previou service fee. 0128 1 ~,~~~# Pg ~~~ entire Agreement between the parties negatiatians, representations, or oral, including the 1983 "Emergency This agreement may only be amended executed by all parties to this sly provided above with the annual 19. The term of this Agreement shall be for ten {10} years beginning October 1, 1999 and extending through midnight on September 30, 2009 with options to renew far additional periods of five {5} years each upon the mutual agreement of both parties hereto in writing. 20. This agreement may be terminated for goad cause only in the event of breach of its terms ar in the event of the inability of the City of Delray Beach to provide the services specified herein. In the event that either party desires to terminate this agreement for good cause resulting from the breach of its terms, the party alleging the breach shall give notice of its intent to terminate this agreement at the end of a contract year upon submission to the other party. Said notice shall be in writing and shall be given at least six (6} months prior to the end of any twelve month period which commences on October 1st and terminates on September 30th of the subsequent year. if an impasse arises as to whether either party has breached this agreement, each party shall select an independent party to act as an arbitrator, and the two arbitrators selected by the parties shall select a third arbitrator and the arbitrators by majority vote shall decide whether the party has breached this agreement and shall also decide any other dispute arising hereunder. Said arbitrators shall act in accordance with the rules of the American Arbitration Association and the parties hereby agree that they shall be bound by the decision of the arbitrators. In the event of termination for cause resulting from the inability of the City of Delray Beach to provide the services specified pursuant to the terms of this agreement, the City of Delray Beach shall. provide the Town of Gulf Stream at least six {6} months notice prior to the end of any twelve month period which commences on October lst and terminates on September 30th of the subsequent year. Any inability to provide the services specified in this agreement shall be substantiated only upon a clear showing by the City of Delray Beach of a similar inability to provide said services for the residents of the City of Delray Beach. 21. Any cast of expenses {including reasonable attorney's fees} associated with litigation concerning the terms and conditions of this agreement shall be borne by the non-prevailing party, provided however, that this clause pertains only to the parties of this agreement. 6 ClRB 1238 Pg ~Er4 A i, + ;s ~ DOR[ITHY H. FII~KEN, CLERK RB CAl1NTY, FL t :. Y?v IN WITNESS,~_:~fnIHEREOF, the parties hereto have caused these presents to be signed by~~'''tne~ir~;- duly authorized ~G~b ~,-°":1999. ~•~` . > ,` ,a n ATTEST '"'~ ~, ~, ~~ ~ Y ~ ~ ,. ~.. i ~ ~ .. ~`~ C~~~ ~1.,erk"~~i~~r~ i/,lac~~e~C~~=Ratty ~ ~ 1 0 ~ A.r t r H~ ` ' ~ ~~ ~ 1 y •' ~ ~ i. ;'. A~~ r a s~ d ~s'~ o'~.~~o ~ d~..~.~,. bb t• e r `., *il~ City At~~o.rney~~t~,Ci'ty of Delray Beach Su~san'.~A~. Ru~~, ~~~ 't= ~;'~ ,~ i~r 1b. ~ ., >p ,. I.~f ~ }{y T f ~{f l xy LL ~ y T App`r~ t o y ~;. ~ officers on this CITY OF DELRAY By: May - ay ZZ"° day of 3E/f~PH, LORIDA erin TO~JI~ O GUL, STREAM, F RIDA By: ayor - z11i m F. K Y~.Jr. Ty~n Attorney,l'I'own of Gulf Stream INTERLOCAL AGREEMENT/TOWN OF GULF STREAM/FIRE RESCUE SERVICES (Proposed) Commission Agenda/July 7, 2009 The City of Delray Beach initially entered into an agreement with the Town of Gulf Stream for the provision of Fire-Rescue services in 1983. The current agreement was approved in 1999 and will expire on September 30 of this year. Gulf Stream would like to enter into a new agreement. This year, under our current agreement, Gulf Stream will pay us $159,080. Attached is a proposed new agreement. The proposed agreement includes a base charge calculated from our current costs plus a surcharge for providing service outside our City limits. It also includes an escalator clause of 5% per year or the CPI, whichever is greater. When this agreement was discussed at a Work Session, there seemed to be general agreement that Gulf Stream should pay some surcharge in addition to what our residents pay. The surcharge would take into account the fact that our residents have paid for fire stations and major equipment, the cost of which is not reflected in our annual Fire-Rescue Department budget. It is also Delray Beach's credit which is at risk in financing these facilities. Because of similar capital costs and credit risks in the case of utility services, Florida Statutes provide that a city may add 25% to its rates for service outside its boundaries. I recommend that we use this statutory provision as a model for our agreement with Gulf Stream for Fire-Rescue services. Using this approach, the proposed base charge was determined by first dividing our FY 2009 Fire-Rescue budget, less Highland Beach, by our 2008 population estimate, or $19,792,910 / 64,220 = $308.20, and multiplying by Gulf Stream's 2008 population, or $308.20 X 716 = $220,671. This was increased by four percent to account for expected cost increases in the FY 2010 budget, bringing the total to $229,000. Then a 25% surcharge was added for a final base charge of $286,250. This is an increase of some 80% over what we currently charge. Assuming only the minimum 5% annual increase, Gulf Stream would pay Delray Beach some $3,600,000 over the life of a ten year agreement. MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: June 22, 2009 SUBJECT: AGENDA ITEM 9.E. -REGULAR COMMISSION MEETING OF .TULY 7, 2009 REQUIREMENT TO CHANGE BUDGET HEARING DATES ITEM BEFORE COMMISSION This item is before Commisiion to approve changing the first budget public hearing date, currently scheduled for September 8, 2009, to September 10, 2009. BACKGROUND At the March 26, 2009 Organizational Meeting, the City Commission approved the September Regular Commission Meeting dates of September 8, 2009 and September 22, 2009. Public hearings for the FY 09-10 budget would have been scheduled on these dates as well. However, Palm Beach County is holding a budget public hearing on September 8 and the School Board is holding one on September 9. By law, we cannot schedule a budget hearing on the same date as the County or School Board. There is no conflict for the September 22 meeting. The Commission could move the entire meeting scheduled for Tuesday, September 8 to Thursday, September 10, or the Commission could conduct the September 8 meeting as scheduled and just move the public hearing for the budget to September 10. The other alternative would be to move both meetings and meet on September 15 and 22. RECOMMENDATION Recommend approval to change the first budget public hearing date, currently scheduled for September 8, 2009, to September 10, 2009 and provide direction to staff regarding whether to reschedule the September 8, 2009 Commission meeting to September 10, 2009. From: Harden. David To: Smith. Douglas; Wynn Kimberly; Nubin. Chevelle Subject: FW: Budget Meetings Date: Tuesday, June 09, 2009 9:15:24 AM Importance: High Please add this to next week's agenda. From: Herrmann, Lisa Sent: Friday, June 05, 2009 12:21 PM To: Harden, David; Nubin, Chevelle Cc: Safford, Joseph Subject: Budget Meetings Ok...just checked the County's meeting dates online and even though they normally have their meetings on Mondays because of Labor Day their first budget meeting will be September 8th with the final adoption on the 21St. The School Board has their first meeting on September 9th We could do ours on September 15th and 29th if you wanted to keep with Tuesdays or September 10th and the 22"d if you wanted to keep within the same weeks. Lisa Herrmann Budget Officer (561) 243-7128 MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: June 26, 2009 SUBJECT: AGENDA ITEM 9.F. -REGULAR COMMISSION MEETING OF JULY 7, 2009 FISCAL YEAR 2009 - 2010 BUDGET DEVELOPMENT STATUS REPORT ITEM BEFORE COMMISSION Staff will present the Commission with a status report on the development of the Fiscal Year 2009 - 2010budget at the July 7 Regular meeting. MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: June 22, 2009 SUBJECT: AGENDA ITEM 9.G. -REGULAR COMMISSION MEETING OF .TULY 7, 2009 DESIGNATION OF VOTING DELEGATE ITEM BEFORE COMMISSION The 83rd Annual Conference of the Florida league of Cities will be held at the Marriot World Center in Orlando, Florida on August 13-15, 2009. The League encourages each member city to send as many delgates as possible to the conference, and also requests that each city designate one of its officials to cast votes at the annual business session. League by-laws require that each city select one person to serve as the city's voting delegate. BACKGROUND Last year Mayor Ellis was selected as the voting delgate. The Mayor, a Commissioner, or the City Manager may be designated to serve in the capacity. RECOMMENDATION Recommend designation of a voting delegate to cast votes on behalf of the City of Delray Beach at the annual business session of the Florida League of Cities. MEMORANDUM TO: Mayor and City Commissioners FROM: R. Brian Shutt, City Attorney DATE: June 30, 2009 SUBJECT: AGENDA ITEM 9.H. -REGULAR COMMISSION MEETING OF .TULY 7, 2009 AGREEMENT/IMG WORLDWIDE INC. ITEM BEFORE COMMISSION The attached Agreement between IMG Worldwide Inc. and the City provides for the sale of sponsorships for the two Match Point events as well as the sale of the naming rights for the Tennis Center. BACKGROUND This Agreement provides that IMG shall have the exclusive right to market and sale the 6 sponsorships that the City receives from Match Point regarding its ATP World Tour event and ATP Champions Tour event as well as the naming rights for the Tennis Center, for a three year period. IMG shall receive a 20% commission on the proceeds received by the City from the sale of the sponsorships and/or naming rights. IMG shall also be entitled to a 20% commission on any amendments or extensions of the original agreement, even after the City's agreement with IMG has terminated. Furthermore, if the City enters into an agreement with an entity, (where negotiations have commenced regarding the purchasing of the sponsorships or naming rights during the term of the IMG agreement), after the agreement with IMG has terminated, but within 12 months of such termination, IMG shall be entitled to the 20% comrmssion. RECOMMENDATION Commission approval of the Agreement with IMG. AGREEMENT BETWEEN THE CITY OF DELRAY BEACH AND IMG WQRLDWIDE, INC. This Agreement ("Agreement"} entered into on the day of June, 2009, by and between the City of Delray Beach, Florida ("Delray Beach"} and IMG Worldwide, Inc. ("IMG"}, under the following circumstances: WHEREAS, the parties desire to enter into this Agreement to grant IMG the exclusive right to marketlsale sponsorships for the Delray Beach International Tennis Championships,. the ATP World Tour event {which will include the ATP Champions Tour event) held at the Delray Beach Tennis Center {the "Delray Event"} as well as the naming rights for the Delray Beach Municipal Tennis Center. NOW, THEREFORE, the parties agree as follows: 1. Marketing Relationship a) During the term of this Agreement, IMG shall be the exclusive marketing representative of Delray Beach relating to the sale of the six sponsorships,. 3 Diamond and 3 Emerald (see Exhibit "A" attached hereto and incorporated herein for a description of such sponsorships}, for the Delray Event, as well as the sale of the naming rights for the Tennis Center, IMG shall work with the representatives of Defray Beach in a workmanlike and timely manner. During the term of this Agreement, Delray Beach shall not engage any third parties other than IMG to market or sell any sponsorships. for the Delray Event. During the term of this Agreement, Delray Beach shall not engage any third parties other than IMG to market or sell the naming rights for the Tennis Center. In addition, during the term of this Agreement, 1MG shall not sell or market comparable sponsorship opportunities to the Delray Event on behalf of Match Point, Inc. b) Delray Beach has the right to refuse to enter into an agreement with perspective companies or entities attempting to purchase a sponsorshiplnaming rights if it so chooses, in its sole, but reasonable, discretion. Reasonable discretion shall include but not be limited to a finding that the sponsorshiplnaming rights is not in the best interests of the City or is not the type of sponsor the City deems will further a positive image or that it conflicts with an existing agreement regarding the Tennis Center, such as the City's agreement with Chris Evert Charities, Inc. Any agreement between the City and a sponsor must be approved by the City Commission. 2. Scope of Work a) IMG shall conduct all aspects of the actual sales efforts relating to the sale of the sponsorshipslnaming rights, as provided herein. b) IMG shall consult with the City Manager or his designee on a market assessment, pricing and contract preparation. c) .CMG shall coordinate with the City staff for the sale of the sponsorshiplnaming rights. d) In addition to the above, IMG shall: 1. Estimate the value of the sponsorshipslnaming rights. 2. Present documen#ation to support the estimated value. 3. Identify the various issues associated with the procurement of a sponsor. 4. Identify and solicit firms that might be interested in purchasing one or more of the sponsorships andlor naming rights referenced above. 5. Make presentations as directed by Delray Beach as may be required. 6. Negotiate contract with sponsor for the purchase ofi a sponsorship andlor naming rights subject to Delray Beach's approval. IMG shall provide the City Manager or his designee monthly progress reports or updates (e.g., by email} during the term hereof. 3. Com ensation a) The compensation to IMG pursuant to this Agreement shalt be payable as follows: If IMG secures a sponsor and Delray Beach enters into an agreement with such sponsor, Delray Beach will pay IMG a commission on the sale of the sponsorshiplnaming rights in the amount of 20% of any "Rights Income" (as defined below). If the sponsorshiplnaming rights is paid in installments, the 20% fee will be paid only after the installment payment is made and shall be paid in a proportionate manner. For the purposes of this Agreement, "Rights Income" shall mean (i) the gross amount {i.e. the total amount before any deductions are taken for taxes, tariffs or any other type of set-offs or reductions whatsoever unless specifically provided herein) of ail income, including the value of barter (inclusive of real property, personal property and services) and other in-kind benefits which are to be received (directly or indirectly) by Delray Beach from any third party pursuant to any arrangement in connection with the sponsorship of the Event andlor the sale of naming rights, executed during the term of this Agreement and from arrangements on which negotiations substantially commenced during the term {provided an agreement with respect to such arrangement is entered into within twelve months after the expiration of this Agreement) and regardless of whether such income is received during or after the term of this Agreement, and (ii) include the gross amount of all income (including barter and other in-kind consideration) to be received from any renewal, extension or modification {"Amendment") of any such sponsorshiplnaming rights agreement whether such Amendment was executed. during ar after the term and whether the compensation payable under such Amendment is scheduled to be paid during or after the terrn. 2 b) Any amounts due to IMG pursuant to Paragraph 1(a) above shall be paid to IMG within 30 days after receipt of Rights Income by or on behalf of Defray Beach. b) Delray Beach will keep accurate and complete records and books of account showing all income it receives relating to this Agreement. IMG, or its representatives, shall have the right at all reasonable tircmes (prior to the expiration of one year after the termination) to inspect and to make copies of the books and records of Delray Beach insofar as such books and records shall relate to the computation of amounts to be paid to IMG hereunder. 4. Term and Termination a) The term of this Agreement shall commence as of the date of this Agreement and shall terminate upon the third anniversary hereof, unless sooner terminated as provided herein. b} Delray Beach shall have the right to terminate this Agreement "for cause". For purposes of this Agreement, termination will be deemed to be "for cause" if: based upon the commission by IMG of an act that, in the reasonable judgment and good faith of Delray Beach has materially and adversely affected the good reputation of Delray Beach; IMG's misappropriation of Delray Beach's funds or property; EMG's failure to comply with a reasonable directive established from time to time by Delray Beach and such failure continues for a period of at least thirty {30} days after IMG receives written notice from Delray Beach of such failure which describes such failure with reasonable particularity. Delray Beach agrees that any initial determination of "for cause" will be made only in good faith and not arbitrarily or capriciously. c) Upon the early termination of #his Agreement pursuant to Section 4{b}, Delray Beach shall pay to IMG all commissions due as of the date of such termination. The termination of this Agreement by Delray Beach shall not relieve Delray Beach of obligation to pay commissions to IMG on Rights Income received after the end of the term. d) IMG may terminate this Agreement: {1 } based upon the commission by Delray Beach or any organizer of the Delray Event of an act that, in the reasonable judgment and good faith of IMG, has materially and adversely affected the good reputation of Delray Beach, the Delray Event or IMG; (2} the Delray Event, for any reason, is no longer a sanctioned ATP event; or (3) upon Delray Beach's breach of this Agreement, which breach remains uncured for a period of at least thirty (30) days after Delray Beach's receipt of written notice. This right includes, without limitation, Delray Beach's failure to provide prompt payment when due. 5. General Provisions a) No part of this Agreement or any of the rights or obligations of IMG hereunder shall be assignable without the written consent of Delray Beach.. This Agreement shall be assignable by Delray Beach to any affiliate or successor to Delray Beach's obligations and rights relative to, without any requirement to obtain IMG's consent. b) This Agreement shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of laws principles. Venue shall be in Palm Beach County, Florida for any lawsuit or claim arising under or in any way connected to this Agreement. c) The parties are and shall remain independent contractors to one another. Nothing herein is intended to create an employment relationship between the parties. d) The parties will take any and all actions and execute any and all documents necessary to implement or effectuate the terms of this Agreement e) This Agreement shall be binding upon and inure to the benefit of the parties and their respective shareholders, officers, directors, elected officials, agencies, employees, agents, successors, and assigns. f) This Agreement supersedes all prior and contemporaneous understandings and represents the entire agreement between the parties. g) .Any notice or communication under this 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 to have been given and received when deposited in the United States Mail, 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 whom it is addressed. The notices and communication shall be given to the particular parties at the following addresses: Clty: David Harden, City Manager City of Delray Beach 100 N.W. 1 st Avenue Delray Beach, Florida 33444 IMG: IMG Worldwide, Inc. 1360 East 9t'~ Street, Suite 100 Cleveland, Ohio 44114 Attn: General Counsel Either party may at any time by giving ten (10} days written 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. 4 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their proper officials on the day and year first above written. ATTEST: By: City Clerk Approved as to Form: By: City Attorney WITNESSES: {Name printed or typed) (Name printed or typed) CITY OF DELRAY BEACH, FLORIDA By: Nelson S. McDuffie, Mayor IMG WORLDWIDE, INC. By: FEI No. EXI-IIBIT "A" ~~~ ~` e~ Arp ~4~ray ~~ac~ ~aErn '~eaeh ~nunty EA~'ERALD "CITY" PaRTNFRSHlP zoos - coos fnEninf~~ar~ati . . ~ ~#ad~t~rp court. signage (namellogo) . "' 1.' s~gi'i on stadium court _ ~;,;-: q~;1 sign on the upper level ' 2n~s~~v~i~.court signage (nameAogo) }` ~ ~~ sign on court "' 3rd- show court ~gnage (namelloga); 1-. a . ik Y~^ a} i ~~^~ _ 3 ~ a ~ .v ~~ 1- ; ;T say ~_ ~ J ~_ ~ ~__ .. ''~ -.:r ~.' -: C r ~~-x-e ~, R~ _ ,.. way, ~ iY v,,~ !r ' tea„ ~iy: ~`~.,°k, A ~'~ '~ 1 '4 - ~~ ~ ~ 4 '~. 3a ` „ - ~. ~ ... '" A 'f 0' x 10' exhibition booth to showcase sponsor's products and services, including " 2 exhibitor credentials per session -1 parking pass per session T public address announcement per session. on stadium court ~" Assistance in designing promotions and creating tournament related marketing programs "Sponsor may supply product to spectators, players, press, and tournament VIP's, upon Match Point, Inc.'s approval ~ibit $ r i Page 2 of 2 Emerald "City" Partnership TICKETS, CREDENTIALS 8 PASSES - 2 boxes {4 seats each) per session " 4 VIP credentials " 4 VIP parking passes per session " fi reserved seats {sections A - ~) on stadium court per session 3 premier parking passes per session WEBSITE & "E" NEWSLETTER '" Recognition on Official Toumament Website {approx 500,000 visits during tournament) "' Link to company's website from Official Toumament Website, www.YellowTennisBall.com " °Featured introduction" to fellow sponsors, VIPs, Box Holders, and chamber members via "Official Newsletter" to approximately 6,50D recipients seven {7}times annually HOSPITALITY & ENTERTAINMENT "invite#ions for 4 people to join us for the Charity Pfayers Party "Hospitality areas with catering are available for your entertainment needs OFFICIAL TOURNAMENT MERCHANDISE " 4 Official Toumament Polo Shirts '" 4 Official Toumament T-shirts " 8 Official Toumamen# Programs The Emerald "City" Partnership is available for $75,OD0 T: (5fi9) 330-fi000.30 Northwest 9st.4venue, Delray Beach= FL 33444 • F: {669) 330-6009 IN7'ER~NAT~IONAL De1-ay geacti ' Palms Beaail Caupty DlAM4ND "CITY" PART~CERSNlP 2000 - 2008 ! 5' ~.s__ ,arP 1DENT1F1'~ATIQI~V! ~ . ".~tediu~ court signage (namellogo) ~~ '` •2 signs on stadium court • '[ sign on the upper level •~ ~ • " 2nd: ~sliow court signage (namellogo) - ~ ~ ~' " 2 signs on court ~ ~ - . " 3rd show court signage (namellogo). ~ ~- } 2 signs ~n ~uxt ~, ~, '~, ~M : ~ °~ i~; ~ - ~~ ~ ; ~~ ~- , ~x q~ ~~h "~~ ,~~ i~~~c nso ~f a~t~tr~t~ma,~e e~j~~~a,~eej* ,4 ._,.~•~"`° ~ - - - .. _ _.. .,.._-. ~ ~~:l7 ._ .. .. ~Qf~.4+rr_v!~~~~54~!SMe~~~ a, =~'!fy~~, '4~r'`"7~ *~' _ e ~,- ~ t e: .c~~ a~.nq J m -"q@ ~~ yy :.~ yw a y W, Pa f' ~~, ~ ~ ~ { ~ ~` .~.; : s ~ 1?~~~ liis,~[ -rod $~.th~ D~lra ~~J' "' m ; ~,.1~ l~y~~ !7~ ~' ,~ r :,131ZF r~1~L ~ .~i, ,. k^ ~r $ - 'd _~ ~'fi,~,~- ~~ ~. nclus~ ffici •w ' ~ .'~ Cleo all ITC spansars~ bu~~res~ 4~. . ~ .~ assocrates,vbo~: Frolders i•4, ne ~ Ides _ - ~' ~ 4• ~ ~. ~ ,~ r , ~. `~~~~~ ~arpa~r~te:spo~ o `aatiQn rrr p~rnar~a~~. ,, r~ii~i~s°`:f," ~ '~' ~,; 1 _ t ,,,,ii,~~ 4~~V "• ~~~ y ~~'~ ~.mxk ~y ".l!.+w _.. ,3 i.; ._ ., .w+W'~'~?'Trw,~ a w:SIr,.N;+,FI~ .;. ~~.vw ~ " A 10' x 10' exhibition booth to showcase sponsor's products and services, including " 2 exhibt#or credentials per session " 1 parking pass per session ~' 1 public address announcement per match on stadium court " Assistance in designing promotions and creating toumament related marketing programs "Sponsor may supply product to spectators, players, press, and tournament VIP's, upon Match Point, Int.'s approval Page 2 ofi 2 Diamond "City" Partnership TICKETS, CREDENTIALS & PASSES 2 boxes (4 seats each) per session "' 4 VIP credentials " 2 VIP parking passes per session '" 8 reserved seats (sections A - ~) on stadium court per session "' 4 premier parking passes per session WEBSITE & "E" NEWSLETTER - Recognition on Official Toumament Website (approx 500,000 visits during tournament) - Link to company's Website from Official Toumament Website, www.Yel IowTenn isBail. corn " "Featured Introduction" to fellow sponsors, VIPs, Box Holders, and chamber members via "Offcial Newsletter" to approximately 6,500 recipients seven (7) times annually HOSPiTAL1TY & ENTERTAINMENT w Invitations for 8 people to join us for the Charity Players Party "Hospitality areas wi#h catering are available for your entertainment needs OFFICIAL TOURNAMENT MERCHANDISE " 8 Official Toumament Polo Shirts " 8 Official Tournament T-shirts -16 Official Tournament Programs The Diamond "City"Partnership is available far $~75,OD0 T: (569) 330-6000.30 Northwest 9st Avenue, Defray Beach, FL 33444 • F: (569) 330-6007 MEMORANDUM TO: Mayor and City Commissioners FROM: Robert A. Barcinski, Assistant City Manager THROUGH: David T. Harden, City Manager DATE: June 18, 2009 SUBJECT: AGENDA ITEM 9.I. -REGULAR COMMISSION MEETING OF .TULY 7, 2009 SPECIAL EVENT REQUEST/6TH ANNUAL FAMILY FUN DAY AT POMPEY PARK ITEM BEFORE COMMISSION City Commission is requested to approve the Gtr' Annual Family Fun Day at Pompey Park produced by the Parks and Recreation Department proposed to be held July 24 & 25, 2009 at Pompey Park from 4:00 p.m. to 11:00 p.m. Commission is also requested to approve staff support for security, trash removal and clean up assistance, trash boxes, use of the large City stage, City generator use, and preparation and installation of event signage. BACKGROUND Attached are a special event permit application, site plan, and budget received from David Ricks, Recreation Supervisor, for this event. The event will include a talent show, food and non-food vendors, entertainment, games and motivational speakers. Parks and Recreation will be responsible for overall event management, vendor approval and other site management tasks. Vendor inspections will be completed by on duty Fire Department staff. The estimated costs for staff assistance is $6,070, stage rental $530, trash box costs $350 and event signage $250 for a total cost estimate of $7,200. Per Event Polices and Procedures, since this is a City sponsored event, there are no charges for City services or equipment. Also, a Hold Harmless Agreement and Certificate of Insurance are not required. However, this has been a one (1) day event in the past and was budgeted for one (1) day, which is about half of the estimated costs. Also, staff has a concern of running the event until 11:00 p.m. Therefore, staff is recommending a one (1) day event on Saturday, July 25, 2009, with hours of 4:00 p.m. to 9:00 p.m. Parks and Recreation requests an ending time of 10:00 p.m. Staff's recommendation is made because the park is surrounded by a residential neighborhood. RECOMMENDATION Staff recommends approval of the special event permit, staff support for security, trash removal and clean up, providing trash boxes, setup and use of the large City stage, City generator use, and event signage with the condition that the event is held for one (1) day on July 25, 2009 from 4:00 p.m. to 9:00 p.m. :~ , . Event Name/Title: City of Delray Beach Special Event Permit Application PLEASE TYPE DR PRINT 1 ! ~/ 1` UL /1 1~1::~~'f-d~'t~ ~~~~ ~ ~ ~ ~, DELRAY BEACH A©MINISTRAT! AlhAmericaCii~r ~E'RVIC~S ~ 1 ~~~~ Zoa1 ~- Event Date(s): J ~ ~ ~- ~~ Tunes: ~~.,~ - /~ ~,~~ Event SponsorlProducer; ~~~~ (~*~ ~~-~ 1L Event ContactlCoordinator; ` ~~J~r~ ~ E U k--~ ~ ~ ~~n ~l~ ~.t~~ (~' ems' Name: Address; l1a R ~~>~ ~ 5~-~-~-~ Telephone Number: 2c{ ~ -7~~~ Cellular Number: ` r E-mail Address: tc.c.S ~~ Gi. r~etru ~ }JCr,rL~• ~I,JS Lt1i~~~G.n-~S _G'1•~-L~r~,r Descriptio_n/Pur Ose; ~~v~c-.-, 1+~~- /~~a~e~~~s ~.,~ ~nnJ,k~ 1"~~~{~~~~ t'-c~n~«., `l i es rug- 1`ny ~e~ ~ -~v c ~ Cf~1tMe tY1~~rAt~i(1A ~-I~_ U'e~ ~~iW f-(~S b-1- U~f~r?~~$ rho{ 4 h~ U1~6~~. '-~ ~ l~ ~ Wa~1 1t-+~ 6'~ uL 1Us11F/a ~, AGmeSr lty~, en~er~0.~n en~, ~(tl~n} ~,(i-ri ~ ~~S - ~~~-Y~ 1h}t~~ Q~SL~ ~/~~ - ~} Brief History of Event (If applicable}: 1~~~ ~S li,,,_ ~`~' ~~.n~a3 ~r~,~+1~4 Punned Activities (Outline of activities/number of activities, i.e. entertainment, cl~ildre~l's rides, gaames, other//prog~•ams/}: ~,b ~'~r,i-~s~1 //~ // eE„~,l-~s1~ e~z~~~~e~ r~ ~4~ ~`671Ili~ ( ~']nu~CP /1Ut15e1 Q ~L, ~-l~~ ~ 5`f~uc.JC ~iAc! ,C fl/~. ~Jpe ~i-tI ~- IXr nrD ~i/~C `inr~~~ ,HEM u-~„~n~I Number of Individuals Served Previous Year (if applicable): ~Po _ 7S4 Describe the targeted popiiia/ti~on and expected attendance: f~cti~~~EO ~.~ ~~r~~~ ~ v}a ~ .~ltt.. Q ~ ~ri~ -alt m~ ~~ ~~ Q. ,~ ~ Describe howl the program o/r prJoject~addresses community needs: ~[-/7 ~/10 ~~'fUh~ L'LG't7~y i~ . YGr ~~t~ /~oz.~, is s[ ~ f-~~ Q~ rvl Describe your Marketing/Promotions Program (How will you market/prornote, i.e. TV, radio, posters, flyers, web s//ites, ot99her): ~Fl~.e.s ~.~ ~ y6J~~~~ ~~-> >~ ~L .Tin ~~s9 L2.h rl P ~~q 7 Lvl~ is ~lds7tfJ 6y, .f/lt. uJP_6 ll~~ Sponsor Category (please check} City dNon-ProfitlCharitable ^ Private ^ Co-Sponsor --Non-ProfitlPrivate ^ (If Non ~rafit attach proof of S01 c(3), c(q), c(6), C(10), or' c(19) ot• (d) Event Location {Describe area boundaries of eventllocation): Site plan attached: yes ~ no (Site plan r•egrrirerl for eyrtire event slte. include locations of tents, stage, portalets, dumpsters, portable lighting, and barricade location if applicable.) Rental of Old School Square: yes no ~ (Cf yes, attach proof of approval} Private Property Use: yes no ~ (If yes, attach letter giving authorization From property owner) Event budget attached: yes r` no (Requit•ed for rrll events) Previous year Revenue/Expense summary attached {Required for all events) Do you have cash sponsors for the event: yes (Indicated on budget) Do you have inkind sponsors for the event: yes (Indicated on budget) yes no no ~~ Il0 ~ C:117octmtents and 5ettingsll.isl~esktoplspecial Event Permit Application PENAL 4.6.07.doc Serving or selling alcoholic beverages: yes na ~! (.If yes, copy of license and alcohol liability Irrsurrrrrce rerlulrerl two (2) weeks prior to evetrl) Event certificate of insurance attached: yes no / (Rerluir•ed two (2) weeks prior to event naming the City as additiorral irrsrrrerl, also regrrir•ed for• vendors) Playing of amplified music: (Waiver required) yes ~ no Wi11 there be entertainment; yes ~ lio (If yes, attached list of Performers and/or DJ's) If yes, sponsor agrees all entertainment will be family oriented and colitain no obscenities; yes /~ na_ Requesting Pollee assistance: yes / no (traffc controllsecurity} Will supplement with private security: yes ~ no (If yer, -reed plan attaclterl) Requesting Emergency Medical assistance; yes no Requesting barricade assistance: yes '~ no (If no, how are you handling?) Requesting trash removal/clean up assistance: yes +~ no {Will be billed to sponsor) Requesting trash boxeslcontainers and liners: yes r/ no Requesting stage use: yes no (lf yes, check type) Large stage (14' x 36') Small stage (1G' x 21') n Half small stage {8' x 21') n Requesting signage: yes +l no Type: 4'x4'Islvent sign Parking Signs Banner hanging Indicate elates repaired (Waiver required if more tltrrrr ogre (1) week prior to event) Requesting City Portable Generator: yes /~ no {lf yes, size & po~ver) Food and beverage vendors; yes t1' no If ,yes, approximate number , ~~ {Health Department approval required} yes no C',1iJocumeius and Settingsll.isill]esfctoplSpecial E~~e~rt Permit Application FiT~fAL 9.6.07.doc Other vendors: yes / no (Cndicatetype} C~% r1,~r,, ~r,r~vjl.~o. ~~~~=~•e.~ , Tents: yes / no If yes, How ntrrny ~ ~ What size oj• size re~luired ~ Q x ~ o (If yes, tent ~erntits attrl fire inspections tnay Ge jteede~l) Will the event include amusemetrt rides: yes no / (If yes, type and location and copy of IlaGility irrsttj•ance j•e~uij•ed, also j•e~fuit•es stafe License and inspection,) Will the event be gated: yes no i~ (Show on-site iartap) Will there be a charge for the event: yes no r~ (If yes, indicate ticket prices) Will there be fireworks or other pyrotechnics: yes no ~~ (If yes, contact `li'e Mru•sltrrl to aGt[tin and complete permit applicrttian) Will there be cooking with compressed gas: yes no / (If yes, contact Fire Marshal fot• inspections) Will you be providing pork-a-lets for tl~e event: yes no ~~ (If yes, locate on-site Wrap. If -to, indicate ltow you will It~utdle i•estroorn needs) is reserved parking requested: yes no ~/ (Ifyer, indicate locations rrjtrlprrfpase for rise) Event Permit Attachments: / Revenue/Expense Budget Revenue/Expense Recap Last Years Event ~~Site Plan Letter Regt.iesting Noise Ordinance Waiver Letter Requesting Waiver Consumption Alcohol Beverages Proof ofNon-Profit Status General Liability Insurance Certificate Alcohol Beverage Liability Certificate Proof of Rental Agreement or Authorization Letter from Private Property Owner Hold Harmless Agreement Submittal Date Requitetnents: • Minor Event 45 days prior to event • Intermediate Event 90 days prior to event • Major Event 120 days prior to event • Neighborhood Block Party 34 days prior to event C lllocuments and SettingslLisil[3esktoplSpecial Event Permit Application FINAL 9.6.Q7.doc ~z~ :~ Event Contractor/Coordinator Date Please prinf~~yrp 2~~ Please enclose the appropriate non-refundable application fee payable to the City of Delray Beach, 100 N.W. lst Avenue, Delray Beach, Florida 33444. Required with permit application. For• Strrff US•e Only Date Received Application fee received $ ~~~ C:1Documentsand SettingslLisilDesktoplSpecial Event Permit AppEication t'INAL 9.6.67.doc -~~ -~~ 1~~ -.1 -.1 ~:~ ~.~ ~.~ ~.~ Event: Pompey Park FAMILY FUN DAY ~llgcs: -- -rCornrnunity --- ------~____ ~~...-- ~>7ay5 Friday & Saturday Seasoiz: July 24`x' & 25`x' , 2009 Locatiozl: : Pompey Pack, 1101 NW 2nd Street jConiact PersUZl Rhonda Williams-Turner williamsz• cr,ci.delray-beach.fl.us Contact # Phone: 5G1-243-735G Fax:561-243-7342 Program 1~e5cripti~~n: Pompey Park Delray Beach Parks and Recreation Department presents an Annual Family Day and Barbecue Fest at Pompey Park on Saturday of every year. Families are invited to join the fun between 4:00 pm and 11:00 pm, with plenty of activities for everyone, including Best BBQ Ribs Contest, games, live entertainment, talent show and contest, motivational speakers, free food, and prizes. There will also be dozens of vendors for the whole family to enjoy. This is a day that is not worth missing. Please make sure to bring your lawn chair and shade umbrella! Pro~ranz fJbjectives. .._ - A fesiti~al is an event, usually staged by a local community, which centers on some unique aspect of that community. All programming for the festival is designed to celebrate cultural expression in a variety of forms and to encourage understanding and appreciation far different cultures. Festival International events are free to the public and designed to encourage family participation from all sectors of the community. `B>I~ci~e#: DL'SCri t1UI1 ~C~'Cllile EX 1'.115CS Entertainment $ 4000.00 T-Shirts Staff and Volunteers $ G00.00 Snacks for Chaperone Staff and Volunteers $ 200.00 BBQ Contest 15 -500,2" -250,3` -100p1ace $ 850.00 Cake Contest 1s1-250,2" -150,3` -SO place $ 450.00 Talent Contest 151-300,2" -200,3` -100 place $ 600.00 Trophies and Awards $ 250.00 Total from the Ci $ 2200.00 Total Collected for Vendors 40 vendors x 15 Non-Food $ I50 1 S Food $200 $ 2250.00 $ 3000.00 Contest BBQ/Contest/ Talent 10 BBQICake 5 ($60) and 10 talent ($30} $ 1200.00 :Total ~ SG~0.00 $ 6,950 ~.~ 1.1 1.1 11 cos®®®®®®®®®®®®®®®•®®®®®®®® ~~~~ >~~ ~.~ r~~ ~~~ ®~ ®~®r ®®®®®~ r ®~ ®_ ®®®~ ®®®®, ~ ®', ®®®®~ ®~, ®®®®®®®~ ®®~ ®®®®®®®®®®®A ®®®®®®®®®®®®®i Staff a~~cl RespousilJilities: ~~~ family Day Coordinator . 1, Plan the Family Fun Day Activities ~ 2. Managing the administrative details necessary to the coordination of (monthly ~~' newsletters, agenda's, spreadsheets, etc} _~, 3, Make Daily phone contacts 1~~ 4. Responsible for check in ~ , 5. Oversee an-site program ~.~ 6. Order Trophies and purchase all supplies Office Assistance Assist the Coordinator. Duties will include monitoring activities. o Collect Funds and Applications a Assistant Coordinator r.~ ~.~ ~.~ ~.~ ~.~ ~.~ ~.~ ~.~ ~.~ ~.~ ~~~ zoos Family Fun Day Revenue and Expenses Revenue Total Vendors Budget 48.10 Expenses Big Smiles Entertainment Entertainment Kids Zone Tota I Q Pic Cake Winners BBQ Winners $ 3,300.00 $ 3,500.00 $ fi,800.00 $ 1,100.00 $ 2,500.00 $ 750.00 $ 610.00 $ 400.00 $ 900.00 $ 6,260.00 MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: June 25, 2009 SUBJECT: AGENDA ITEM 9.,T. -REGULAR COMMISSION MEETING OF ,TULY 7, 2009 APPOINTMENT TO THE DOWNTOWN DEVELOPMENT AUTHORITY ITEM BEFORE COMMISSION This item is before City Commission for an appointment to the Downtown Development Authority. BACKGROUND The term for Mr. David Cook will expire on July 1, 2009. Mr. David Cook will have served an unexpired term, is eligible and would like to be considered for reappointment. The term is for three (3) year terms ending July 1, 2012. The Downtown Development Boundary Map is attached for your review. To qualify for appointment, a prospective member must reside in or have his or her principal place of business in the City, and shall not be serving as a City officer or employee. There is a requirement that at least four of the members must be owners of real estate within the downtown area, a lessee thereof required by the lease to pay taxes thereon, or a director, officer or managing agent of an owner or of a lessee thereof so required to pay taxes thereon. A map of the Downtown Development Authority Boundary is included for your review. Currently serving on the Downtown Development Authority and meeting ownership and tax payment qualifications are Mr. Herman Stevens, Mr. Fran Marincola, Mr. David Beale and Mr. Michael Listick. 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. Percy Mejia and Mr. Kenneth Kaltman. Based on the rotation system, the appointments will be made by Commissioner Eliopoulos (Seat #1) for one (1) regular member to serve a three (3) year term ending July 1, 2012. RECOMMENDATION Recommend appointment of one (1) regular member to the Downtown Development Authority to serve a three (3) year term ending July 1, 2012. DOWNTOWN DEVELOPMENT AUTHORITY EXHIBIT "A" Peter Arts Insurance (currently serving on the Community Redevelopment Agency) Cathy Balestriere General Manager David Cook Vice President-Sales (currently serving on the Parking Management Advisory Board) Incumbent Mark Denkler Sales-Owner/President (currently serving on the Budget Task Force & the Parking Management Advisory Board) Margherita Downey Attorney (also applying for the Police Advisory Board) Ronald Furst Retail-Business Owner Bruce Gimmy Self-employedBusiness Owner Annette Gray Real Estate (also applying for the Public Art Advisory Board) Kenneth Kaltman Field Auditor (currently serving on the Nuisance Abatement Board) Linda Lake Real Estate Pearl Markfield Elrod Realtor (also applying for the Delray Beach Housing Authority) Percy Mejia Architecture-Project Manager James O'Brien Property Management Kenneth Peltzie Self-employed Shelly Petrolia Realtor (also applying for the Delray Beach Housing Authority) Perry Rohan Real Estate (currently serving on the Affordable Housing Advisory Committee) Alexia Rouquette Marketing/Public Relations (also applying for the Delray Beach Housing Authority) Harold Van Arnem Principal/Developer (currently serving on the Education Board & the Neighborhood Advisory Council) DOWNTOWN DEVELOPMENT AUTHORITY (DDA) 64 SE 5~ Avenue Delray Beach, FL 33483 06/09 TERM REGULAR MEMBERS EXPIRES 07/01 /2011 David Seale *Tax qualification Unexp Appt 03/01 /05 Reappt 06/21/05 Re t 07/01/08 07/01 /2011 NTicllael Listick, Qiair *Tax qualification Appt 07/01/08 07/01 /2012 Fran Marincola Vice Qiair *Tax qualification Appt 06/20/06 , Re t 06/16/09 07/01 /2011 Diane Franco Appt 08/05/08 07/01 /2009 David Cook Unexp Appt 05/15/07 07/01 /2011 Nancy Stewart Reappt 07/01/08 Unexp Appt 07/11/06 07/01 /2010 Hem-lan Stevens Board Secretary *Tax qualification Appt 06/22/04 , Re t 06/19/07 Contact person: Selma Kleinman 279-1380 X-15 Fax 278-0555 Membership increased to 7 members on 07/01 /99 S/City Clerk/Board 09/DDA Commission Liaison: Mayor McDuffie Commissioner Eliopoulos tY Q Z O m .mot D 0 O Q H z w a O w w z 0 ~- z 0 0 ~, ~d~ Z ~_~ ~~ ~~ ~_~ ~~ 4 MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: June 25, 2009 SUBJECT: AGENDA ITEM 9.K. -REGULAR COMMISSION MEETING OF .TULY 7, 2009 APPOINTMENT TO THE DELRAY BEACH HOUSING AUTHORITY ITEM BEFORE COMMISSION This item is before the City Commission for an appointment to the Delray Beach Housing Authority. BACKGROUND The term for Mrs. Angela Randolph, regular member on the Delray Beach Housing Authority, will expire on July 14, 2009. Mrs. Randolph will have served two (2) full terms and is not eligible for reappointment. This will create a vacancy for one (1) regular member to serve a four (4) year term ending July 14, 2013. Per Florida Statute, Chapter 421, an appointee may not be an officer or employee of the City. The following individuals have submitted applications and would like to be considered for appointment: (See Exhibit "A" attached) A check for code violations and/or municipal liens was conducted. None were found. Voter registration verification was completed and all are registered. According to Florida Statutes, members are appointed by the Mayor and ratified by the Commission. However, at the City Commission meeting of June 5, 1991, a consensus was reached whereby each Commissioner would, on an informal basis and according to the rotation procedure, make a recommendation to the Mayor as to the Housing Authority appointees. Based on this system, the recommendation/appointment will be made by Commissioner Frankel (Seat #3) for one (1) regular member to serve on the Delray Beach Housing Authority, for a four (4) year term ending July 14, 2013. RECOMMENDATION Recommend appointment of one (1) regular member to the Delray Beach Housing Authority for a four (4) year term ending July 14, 2013. DELRAY BEACH HOUSING AUTHORITY EXHIBIT "A" Parnel Auguste (also applying for the Education Board) George Coleman Reginald Cox (currently serving on the West Atlantic Redevelopment Coalition) Edward Desmond (currently serving on the Public Employees Relations Commission) Joe Farkas Philip Friedman (currently serving on the Nuisance Abatement Board; also applying for the Education Board) Irene Frazier Pearl Markfield-Elrod (also applying for the Downtown Development Authority) George Maso (also applying for the Police Advisory Board) Shelly Petrolia (also applying for the Downtown Development Authority) Alexia Rouquette (also applying for the Downtown Development Authority) Jeff Staley Alan Weitz (currently serving on the Affordable Housing Advisory Committee) DELRAY BEACH HOUSING AUTHORITY 4 YEAR TERM 600 N. Congress Avenue, Suite 3105 Delray Beach, FL 33445 04/09 TERM REGULAR MEMBERS EXPIRES 07/14/2012 Joseph Hepp Unexpired Appt 10/21/08 07/14/2010 Shelly Weil Unexp Appt 04/07/09 07/14/2010 Sylvia Morris Unexp Appt 07/10/07 07/14/2009 Angela D. Randolph, QZair Appt 07/24/01 Reappt 06/21/05 10/27/2011 QZristel Silver Appt 11/6/07 03 /06 /2010 Morris L. Weinman, Vice Qiair Unexp Appt 03/06/01 Reappt 02/05/02 Re t 02/21/06 07/14/2010 Choli Aronson Unexp Appt 05/19/09 Director: Dorothy E llington Contact: Nina Levina/Jaclde 272-6766 X-18 nlevine@ dblla.org Housing Authority 278-4937 Fax 272-7352 S/City Clerk/Board 09 /Defray Beach Housing MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: June 26, 2009 SUBJECT: AGENDA ITEM 9.L. -REGULAR COMMISSION MEETING OF .TULY 7, 2009 APPOINTMENTS TO THE EDUCATION BOARD ITEM BEFORE COMMISSION This item is before the City Commission for appointments to the Education Board. BACKGROUND The terms for Ms. Catherine DeMatto, Ms. Susan Sikich, Ms. Sandra Tobias, Mr. Perry Stokes, Mr. Peter Raycroft, Ms. Melanie Blankstein, Ms. Keren Eckstein and Ms. Margeret Henderson will expire on July 31, 2009. Ms. DeMatto, Ms. Tobias and Mr. Stokes will have served one (1) full term, are eligible and would like to be considered for reappointment. Mr. Raycroft and Ms. Blankstein will have served unexpired terms, are eligible and would like to be considered for reappointment. Ms. Sikich will have served two (2) full terms and is not eligible for reappointment. Lastly, Ms. Eckstein and Ms. Henderson are student members. They have served partial terms and would not like to be considered for reappointment. Please note that there are no student applicants at this time. There will be six (6) appointments made for six (6) regular members to serve two (2) year terms ending July 31, 2011. Members of the Education Board must be a resident of the City, own property, own or operate a business within the City or have a child attending Delray Beach public schools. It is the intent, whenever possible, that the membership include persons with a background in business, real estate and/or education. The following individuals have submitted applications and would like to be considered for appointment: (See Exhibit "A" attached) A check for code violations and/or municipal liens was conducted. None were found with the exception of Ms. Lydia Carreiro who has a code enforcement violation for an air conditioner installation without obtaining a permit. The Case History Report is attached for your review. Voter registration verification was completed and all are registered. Please note that Mr. Theodore Berman is registered to vote in Broward County. Based on the rotation system, the appointments will be made as follows: (See Exhibit "B" attached) RECOMMENDATION Recommend appointment of six (6) regular members to the Education Board to serve two (2) year terms ending July 31, 2011. EDUCATION BOARD EXHIBIT "A" Kristin Albanese Production Coordinator/Educator Parnel Auguste Attorney (also applying for the Delray Beach Housing Authority) Theodore Berman Attorney (also applying for the Police Advisory Board) Melanee Blankstein Educator/Consultant Incumbent Lydia Carreiro Educator (currently serving on the Kids and Cops Committee) Catherine DeMatto Training & Development Specialist Incumbent Jack Fowler Healthcare Consultant Philip Friedman Retired-Assistant Financial Aid Director (currently serving on the Nuisance Abatement Board; also applying for the Delray Beach Housing Authority) Doreen Jadwick Educator Isabel Make Consultant (also applying for the Police Advisory Board and the Public Art Advisory Board) Jaana Moisio Business Owner Peter Raycroft Educator/Sales Incumbent Jeff Ritter Educator/Consultant (also applying for the Police Advisory Board) Perry Stokes Educator Incumbent Sandra Tobias Real Estate Incumbent EDUCATION BOARD EXHIBIT `B" Term Expiration Date Commissioner/Mayor to appoint July 31, 2011 Commissioner Frankel (Seat # 3) July 31, 2011 Commissioner Bernard (Seat # 4) July 31, 2011 Mayor McDuffie (Seat # 5) July 31, 2011 Commissioner Eliopoulos (Seat # 1) July 31, 2011 Commissioner Fetzer (Seat # 2) July 31, 2011 Commissioner Frankel (Seat # 3) 09/08 EDUCATION BOARD TERM EXPIRES NAME & ADDRESS OCCUPATION 07/31 /2009 Catherine DeMatto Unexp Appt 02/20/07 Tralning & Development/ Reappt 07/24/07 ~r ~L Sales 07/31 /2010 Gerald Crocilla Appt 08/01/06 Reappt 07/15/08 Educator 07/31 /2010 Derline Pierre-Louis Amt 07/15/08 President/Plan & Budget Reviewer 07/31 /2010 Kenneth Zeno Unexp Appt 08/07/07 Reappt 07/15/08 Training Consultant/Educator 07/31 /2010 Harold Van Amem, Vice Qiair Unexp Appt 12/13/05 Reappt 07/11/06 Re t 07/15/08 Develo r 07/31 /2010 Sandra Weatherspoon Appt 07/15/08 ASSlstarit Pnnci al 07/31 /2009 Susan Sikich Amt o7/05/05 Reappt 08/07/07 Associate Director 07/31 /2009 Sandra Tobias, QZair Unexp Appt 02/21 /06 Reappt 07/24/07 Real Estate/Educator 07 /31 /2009 Perry Stokes Unexp Appt 01/03/06 Reappt 07/24/07 Educator 07/31 /2009 Mr. Peter Raycroft Educator UnexpAppt 01/03/08 07/31 /2009 Melanee Slanl~stein Unexp Appt 08/05/08 Educator/Consultant STUDENT MEMBERS (one term limit) 07/31 /2009 Keren Eckstein Student Appt 01/15/08 partial term 2 YEAR TERM 07/31 /2009 Margaret Henderson Student 1 YEAR TERM CITY REPRESENTATIVE: COMMISSION LIAISON: Janet Meeks - E ducation Coordinator 243-7231 Commissioner Fred Fetzer (Primary Member) Mayor Woodie McDuffie (Alternate Member) € H € I ~ ~~ a Iq ~~ IF ~H I {~ I I I I ~-I I ~F7j4 I I ~W-I € € € I € € € € i ~~ I I A.' I H I ~ z € I E-I I I ~ I z w I w a Q ~ Ei Oo F a~ F Wo [ ao F € F ~+ rn € p; O F O €q H {Y, F C~ ~ ua € x H Cq € U) ",S.' 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O O .... ~~ W~ b~ H -€ FI[ ~ W ~ H F ~C ~E+ ~ O H " U H oa ~ a r nao a ~ Aa a~ p~ z O q 4n 4n 4n ~ ~ ~ a ~ W "~7 W (Ci ~-I W i!l 131 Lfl U ~ C/f ~ ~ ~ x O H O H MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: June 26, 2009 SUBJECT: AGENDA ITEM 9.M. -REGULAR COMMISSION MEETING OF .TULY 7, 2009 APPOINTMENTS TO THE POLICE ADVISORY BOARD ITEM BEFORE COMMISSION This item is before the City Commission for appointments to the Police Advisory Board. BACKGROUND Ms. Catherine DeMatto, regular member on the Police Advisory Board, verbally resigned effective June 12, 2009. This created a vacancy for one (1) regular member to serve an unexpired term ending July 31, 2010. Secondly, the terms for Ms. Regine Celestin and Mr. Jason Dollard will expire on July 31, 2009. Ms. Celestin and Mr. Dollard will have served unexpired terms, are eligible and would like to be considered for reappointment. Please note that youth representation is required. Ms. Celestin is currently serving in that capacity. There will be three (3) appointments made for one (1) regular member to serve an unexpired term ending July 31, 2010, and two (2) regular members to serve two (2) year terms ending July 31, 2011. In order to qualify for appointment, a person shall be either a resident of, own property, own a business or be an officer, director or manager of a business located within the City of Delray Beach. Membership shall include a diverse cross section of the community; business owners, religious and faith based organizations, youth, school officials and local organizations, where feasible. The following individuals have submitted applications and would like to be considered for appointment: (See Exhibit "A" attached) A check for code violations and/or municipal liens was conducted. None were found. Voter registration verification was completed and all are registered. Please note that Mr. Theodore Berman is registered to vote in Broward County. Based on the rotation system, the appointments will be made by Commissioner Frankel (Seat #3) for one (1) regular member to serve an unexpired term ending July 31, 2010. Commissioner Bernard (Seat #4) and Mayor McDuffie (Seat #5) will make appointments for two (2) regular members to serve two (2) year terms ending July 31, 2011. RECOMMENDATION Recommend appointment of one (1) regular member to the Police Advisory Board to serve an unexpired term ending July 31, 2010 and two (2) regular members to serve two (2) year terms ending July 31, 2011. City of Delray Beach Police Advisory Board -Applicants Exhibit "A" 1. Annie Adkins Roof ResidentBusiness Owner 2. Theodore Berman ResidentBusiness Owner 3. Rosalie Blood Resident 4. Regine Celestin Haitian/Youth Incumbent Resident 5. Wyana Claxton ResidentBusiness Owner 6. Jason Dollard Incumbent ResidentBusiness Owner 7. Margherita Downey ResidentBusiness Owner 8. Fenoglio, Laura Resident 9. Carl Forrest Resident 10. David Gold ResidentBusiness Owner 11. Mercatur Guerrier Haitian Resident 12. John Hallahan Resident 13. Victor Kirson Resident 14. Ellen Major Hanna African American Resident 15. Isabel Make Resident 16. George Maso Resident 17. Matthew Monahan Resident 18. Jeff Ritter Resident 19. Kathy Shackman Resident 20. Brian Smith Resident 21. Abbey Weiss Resident 06/09 POLICE ADVISORY BOARD TERM EXPIRES NAME & ADDRESS 12/13/09 Sinam Al-Khafaji Appt 01/15/08 07/31 /10 Annette Annechild, Vice Chair Appt 12/13/05 Re t 12/09/08 07/31 /10 Samuel Menard Unexp Appt 07/01 /08 Reappt 12/09/08 07/31/10 Vacant 12/13/09 Walter Earley Appt 01/03/08 07/31 /09 Regine Celestin Unexp Appt 09/03/08 (Student) 07/31 /09 Jason Dollard Unexp Appt 09/03/08 07/31 /10 Jose Herrera Unexp Appt 06/20/06 Reappt 12/09/08 12/13/09 Joseph Ingram Jr. Appt 01/03/08 07/31 /10 John Jackson Appt 12/13/05 Re t 12/09/08 07/31 /10 Grace Maybee Unexp Appt 06/19/07 Reappt 12/09/08 (Student) 07/31 /10 Jimmy Weatherspoon Appt 12/13/05 Reappt 12/09/08 12/13/09 Shelly Weil, Chair Appt 01/17/06 Reappt 01/03/08 Contact: Venice Cobb 243-7056 S/City Clerk/Board 09 /Police Advisory Board MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: June 26, 2009 SUBJECT: AGENDA ITEM 9.N. -REGULAR COMMISSION MEETING OF .TULY 7, 2009 APPOINTMENTS TO THE PUBLIC ART ADVISORY BOARD ITEM BEFORE COMMISSION This item is before the City Commission for appoointments to the Public Art Advisory Board. BACKGROUND The terms for Mr. Robert Currie, Ms. Carolyn Pendelton-Parker, Mr. Kevin Rouse and Ms. Patricia Truscello will expire on July 31, 2009. Mr. Robert Currie will have served one (1) full term, is eligible and would like to be considered for reappointment. Ms. Pendelton-Parker, Mr. Rouse and Ms. Truscello will have served two (2) full terms and are not eligible for reappointment. There will be appointments made for four (4) regular members to serve two (2) year terms ending July 31, 2011. On February 1, 2005, the Delray Beach City Commission adopted Ordinance No. 77-04 establishing the Public Art Advisory Board for the purpose of advising and making recommendations to the City Commission with respect to public art policy and related issues including, but not limited to, the selection, construction and placement of public art in/on City right-of-way and City owned property. The Public Art Advisory Board shall consist of seven (7) members. Three (3) seats on the Board must be filled with either an artist, architect, landscape architect or engineer. Laypersons of knowledge, experience and judgment who have an interest in public art shall make up the balance of the Board. The following individuals have submitted applications and would like to be considered for appointment: (See Exhibit "A" attached) A check for code violations and/or municipal liens was conducted. None were found. Voter registration verification was completed and all are registered with the exception of Ms. Annette Gray. Based on the rotation system, the appointments will be made by Commissioner Frankel (Seat #3), Commissioner Bernard (Seat #4), Mayor McDuffie (Seat #5) and Commissioner Eliopoulos (Seat #1) for four (4) regular members to serve two (2) year terms ending July 31, 2011. RECOMMENDATION Recommend appointment of four (4) regular members to the Public Art Advisory Board to serve two (2) year terms ending July 31, 2011. DELRAY BEACH HOUSING AUTHORITY EXHIBIT "A" Parnel Auguste (also applying for the Education Board) George Coleman Reginald Cox (currently serving on the West Atlantic Redevelopment Coalition) Edward Desmond (currently serving on the Public Employees Relations Commission) Joe Farkas Philip Friedman (currently serving on the Nuisance Abatement Board; also applying for the Education Board) Irene Frazier Pearl Markfield-Elrod (also applying for the Downtown Development Authority) George Maso (also applying for the Police Advisory Board) Shelly Petrolia (also applying for the Downtown Development Authority) Alexia Rouquette (also applying for the Downtown Development Authority) Jeff Staley Alan Weitz (currently serving on the Affordable Housing Advisory Committee) PUBLIC ART ADVISORY BOARD 07/08 TERM REGULAR MEMBERS OCCUPATION EXPIRES 07/31 /10 Dana Donaty Artist Appt 07/15/08 07/31 /09 Robert Currie Architect Appt 08/07/07 07/31 /10 NTichiko Kurisu Artist/Photographer Appt 07/15/08 07/31 /10 Richard McGloin Electrical Engineer Appt 07/15/08 07/31 /09 Carolyn Pendelton Parker Landscape Architect Appt 08/02/05 Re t 07/24/07 07/31 /09 Kevin Rouse, QZair Artist/Business Owner Appt 08/02/05 Re t 07/24/07 07/31 /09 Patricia Tn~scello, Vice Qiair Public Relations Appt 08/02/05 SpeClalrst Re t 08/07/07 Contact: Venice Cobb X 7056 S/City Clerk/Board 09/Public Art Advisory Board Commission Liaison: Commissioner Frankel MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: June 23, 2009 SUBJECT: AGENDA ITEM 10.A. -REGULAR COMMISSION MEETING OF JULY 7, 2009 ORDINANCE N0.27-09 (SECOND READING/SECOND PUBLIC HEARINGI ITEM BEFORE COMMISSION This ordinance is before Commission for second reading and second public hearing to consider acity- initiated amendment to the Land Development Regulations (LDR) Appendix "A", "Definitions", to provide an updated definition of "Family". BACKGROUND At the first reading on June 2, 2009, the Commission passed Ordinance No. 27-09. RECOMMENDATION Recommend approval of Ordinance No. 27-09 on second and final reading. ORDINANCE N0.27-09 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, SY AMENDING APPENDIX "A", "DEFINITIONS", TO PROVIDE AN UPDATED DEFINITION OF FAMILY; 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 May 18, 2009 and voted 5 to 0 to recommend that the changes be denied; and WHEREAS, the Delray Beach Planning and Zoning Board has reviewed this ordinance and a duly noticed public hearing was held before the Planning and Zoning Board on May 18, 2009, and said Board has recommended denial of the changes to the Cites Land Development Regulations regarding the definition of family by a vote of 5 to 0; 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, the City Commission of the City of Delray Beach desires to have the definition of "Famil~' provided in the Cites Land Development Regulations reflect the most current definition of "Famil~'; and WHEREAS, the Census Data collected by the U.S. Census Bureau in 2000 provides that the average family size is 2.87 people; and WHEREAS, the United States District Court for the Southern District of Florida, held in Jeffrey O. v. City of Bora Raton, 511 F.Supp. 2d 1339 (S.D.FIa 2007), that there is "nothing wrong with the number three that the City has chosen" NOW, THEREFORE, SE IT ORDAINED SY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the recitations set forth above are incorporated herein Section 2. That Appendix "A", "Definitions", of the Land Development Regulations of the City of Delray Beach, Florida, be and the same is hereby amended to read as follow: ~ Section 3. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or ward be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid Section 4. That 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. 2 ORD. N0.27-09 PASSED AND ADOPTED in regular session on second and final reading on this the day of 2009. ATTEST MAYOR City Clerk First Reading Second Reading 3 ORD. N0.27-09 Page 1 of 2 MEMORANDUM TO: Mayor and City Commissioners FROM: PAUL DORLING, AICP, DIRECTOR PLANNING AND ZONING MARK MCDONNELL, AICP, ASST. DIRECTOR PLANNING AND ZONING THROUGH: CITY MANAGER DATE: May 28, 2009 SUBJECT: AGENDA ITEM 10.F. -REGULAR COMMISSION MEETING OF JUNE 2, 2009 ORDINANCE N0.27-09 (FIRST READING/FIRST PUBLIC HEARING ITEM BEFORE COMMISSION Consideration of acity-initiated amendment to the Land Development Regulations (LDRs) that will provide an updated definition of the term "Family." BACKGROUND The definition Family is currently defined in the City's LDRs. It refers to one or more persons related by blood, marriage, etc. There is a graduated scale that allows additional persons to live with the family depending upon how many family members there are. These are as follows: § If there is only 1 Family member, an additional 4 unrelated persons may reside in the dwelling. § If there are 2 Family members, an additional 3 unrelated persons may reside in the dwelling. § If there are 3 Family members, an additional 2 unrelated persons may reside in the dwelling. § If there are 4 Family members, an additional 1 unrelated person may reside in the dwelling. The new definition of the term Family includes the following changes: . To be defined as Family, there must be two or more persons living together interrelated by bonds of consanguinity, marriage, legal adoption, legal custodian and foster situations or, . Not more than 3 persons that are not interrelated. http://miweb001/AgendasBluesheet.aspx?ItemID=2254&MeetingID=208 6/23/2009 Page 2 of 2 Currently occupied dwellings that do not meet this definition have 12 months from the effective date of the ordinance enactment or the termination of the current lease agreement to come into compliance, whichever occurs first. REVIEW BY OTHERS The text amendment was considered by the Planning and Zoning Board on May 18, 2009. The Board unanimously recommended denial on a 5 to 0 vote (Glickstein and Dowd absent), by adopting the findings of fact and law contained in the staff report and finding that the amendment is inconsistent with the Comprehensive Plan and does not meet criteria set forth in Section 2.4.5(M) of the Land Development Regulations. RECOMMENDATION By motion, recommend approval on first reading Ordinance No. 27-09 for acity-initiated amendment to the Land Development Regulations, by adopting the findings of fact and law contained in the staff report and fmding 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. http://miweb001/AgendasBluesheet.aspx?ItemID=2254&MeetingID=208 6/23/2009 PLANNING AND ZONING BOARD STAFF REPORT MEETING DATE AGENDA NO: MAY 18, 2009 V.B. AGENDA ITEM: CONSIDERATION OF ACITY-INITIATED AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS (LDR), AMENDING APPENDIX "A", "DEFINITIONS", TO REVISE THE DEFINITION OF FAMILY. 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 revise the definition of Family. 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 definition Family is currently defined in the City's LDRs. It refers to one of more persons related by blood, marriage, etc. There is a graduated scale that allows additional persons to live with the family depending upon how many family members there are. These are as follows: ^ If there is only 1 Family member, an additional 4 unrelated persons may reside in the dwelling. ^ If there are 2 Family members, an additional 3 unrelated persons may reside in the dwelling. ^ If there are 3 Family members, an additional 2 unrelated persons may reside in the dwelling. ^ If there are 4 Family members, an additional 1 unrelated person may reside in the dwelling. The new definition of the term Family includes the following highlighted changes: To be defined as Family, there must be two or more persons living together interrelated by bonds of consanguinity, marriage, legal adoption, legal custodian and foster situations or, Not more than 3 persons that are not interrelated. Currently occupied dwellings that do not meet this definition have 12 months from the effective date of ordinance enactment or the termination of the current lease agreement to come into compliance, whichever occurs first. 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. A thorough review of the Comprehensive Plan was conducted and although no specific goal or objective relates to the proposed ordinance, it is noted that the ordinance is not inconsistent with the Comprehensive Plan. Planning and Zoning Board Meeting, May 18, 2009 LDR Amendment -Amended definition of the term "Family" 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 Appendix "A", "Definitions", to revise the definition of Family, by adopting the findings of fact and law contained in the staff report, and finding that the text amendment and approval thereof is consistent with the Comprehensive Plan and meets the criteria set forth in LDR Section 2.4.5(M) C. Move a recommendation of denial to the City Commission of the amendment to Land Development Regulations, amending Appendix "A", "Definitions", to revise the definition of Family, 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 Recommend approval of the amendment to Land Development Regulations, amending Appendix "A", "Definitions", to revise the definition of Family, 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 LDR-Family definition-PZB-5-18-09 2 MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: June 23, 2009 SUBJECT: AGENDA ITEM 10.B. -REGULAR COMMISSION MEETING OF JULY 7, 2009 ORDINANCE N0.28-09 (SECOND READING/SECOND PUBLIC HEARINGI ITEM BEFORE COMMISSION This ordinance is before Commission for second reading and second public hearing to consider acity- initiated amendment to the Land Development Regulations (LDR), Section 4.3.3, "Special Requirements for Specific Uses", Subsection (I), "Community Residential Homes and Group Homes", to update the section to comport with changes in State Law. BACKGROUND At the first reading on June 2, 2009, the Commission passed Ordinance No. 28-09. RECOMMENDATION Recommend approval of Ordinance No. 28-09 on second and final reading. ORDINANCE N0.28-09 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, BY AMENDING SECTION 4.3.3, "SPECIAL REQUIREMENTS FOR SPECIFIC USES", SUBSECTION (I), "COMMUNITY RESIDENTIAL HOMES AND GROUP HOMES"; TO UPDATE THE SECTION TO COMPORT WITH CHANGES IN STATE LAW; 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 arr~endrr~ent at a public hearing held on May 18, 2009, and voted 5 to 0 to recommend that the changes be approved and WHEREAS, pursuant to Florida Statute 163.3174(4)(c), the Planning and Zoning Board siding as the Local Planning Agency, has deten-nined that the change is consistent with and furthers the goals, objectives and policies of the Comprehensive Plary and WHEREAS, the City Commission of the City of Delray Beach adopts the findings in the Planning and Zoning Staff Report; and WHEREAS, the City Commission of the City of Delray Beach desires to update the references in the LDRs to comport with state law; and WHEREAS, the City Commission of the City of Delray Beach finds the ordinance is consistent with the goals, policies, and objectives of the Comprehensive Plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the recitations set forth above are incorporated herein Section 2. That Section 4.3.3, "Special Requirements for Specific Uses", Subsection (I), "Community Residential Homes and Group Homes", of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be and the same is hereby amended to read as follow: (I) Community Residential Homes and Group Homes: (1) Purpose: The purpose of this section is to provide for the health, safety, welfare, and shelter in sound housing of residents of Community Residential Homes and Group Homes and residents of the City who are in need of such facilities while assuring compatibility of these facilities with surrounding areas. (2) Applicability: This section shall be applicable but not lirrdted to Community Residential Homes and Group Homes which constitute a new facility or a modification of an existing lawful facility which increases the floor area or the permitted number of residents. This section does not include foster homes; assisted living facilities; continuing care facilities; abused spouse residences; child care facilities; adult day care facilities; ^,.,,.,~',.~,,,.,.,± 1,,.,-.-,~ 1,,.,,-,~~ fir ±~,c ~~_~? ~r nursing homes; nor licensed service providers facilities as regulated in LDR Section 4.3.3(D). (3) Definitions: (a) Resident: The term "resident" for a community residential home or group home means any of the following pursuant to the Florida Statutes: 1. A frail elder as defined in Section 4588 429.65, Fla Stat.; 2. A physically disabled or handicapped person as defined in Section 760.22(7)(a), Fla Stat.; 3. A developmentally disabled person as defined in Section 393.063(12), Fla Stat.; 4. A nondangerous mentally ill person as defined in Section 394.455 (18), Fla. Stat.; or, 5. A child as defined in Section 39.01(14), Section 984.03(9) or (12), or Section 985.03(8), Fla. Stat. (b) Community Residential Home: The term "Community Residential Home" means a dwelling unit licensed to serve clients of the Department of Elderly Affairs, the Agency for Persons with Disabilities, the Deparhrrent of Tuvenile Tustice; or Department of Children and Family Services, or a dwelling unit licensed by the Agency for Health Care Administration, which provides a living environment for 7 to 14 unrelated residents who operate as the functional equivalent of a family, including such supervision and care by supportive staff as may be necessary to meet physical, emotional, or social needs of the residents. (c) Groin Home: The term "Group Home" means a home, and/or a building or part thereof, or group of buildings, which has either less than seven (7) residents or more than fourteen (14) residents and which is licensed to serve clients of the Department of Elderly Affairs, the icy for Persons with Disabilities, the Department of Tuvenile Tustice Department of Children and Families, or the Agency for Health Care 2 ORD. NO. 28-09 ,- i;,,,,,.,,,ed te-ser-~ae-mss ~ ,a-.,, ~i ~a A ' tration n~~« ~~z Section 4. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or ward be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid Section 5. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed Section 6. That this ordinance shall become effective immediately upon its passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the day of 2009. ATTEST MAYOR City Clerk First Reading Second Reading 3 ORD. NO. 28-09 Page 1 of 1 MEMORANDUM TO: Mayor and City Commissioners FROM: PAUL DORLING, AICP, DIRECTOR PLANNING AND ZONING MARK MCDONNELL, AICP, ASST. DIRECTOR PLANNING AND ZONING THROUGH: CITY MANAGER DATE: May 27, 2009 SUBJECT: AGENDA ITEM 10.G. -REGULAR COMMISSION MEETING OF JUNE 2, 2009 ORDINANCE NO.28-09 (FIRST READING/FIRST PUBLIC HEARING ITEM BEFORE COMMISSION Consideration of acity-initiated amendment to the Land Development Regulations (LDRs) that will update various state statutory and state licensing agency references in the LDRs. BACKGROUND The proposed ordinance is administrative in nature and is an amendment that merely updates the City's LDRs to be consistent with state law. Following are specific highlights of the amendment: The term licensed service providers replaces the current terms convalescent homes, homes for the aged, and alcohol and drug treatment facilities. Both terms Community Residential Home and Group Home are expanded to include specific reference to the Department of Elderly Affairs, the Agency for Persons with Disabilities, the Department of Juvenile Justice, and a dwelling unit licensed by the Agency for Health Care Administration. REVIEW BY OTHERS The text amendment was considered by the Planning and Zoning Board on May 18, 2009. The Board unanimously recommended approval on a 5 to 0 vote (Glickstein and Dowd absent), 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, recommend approval on first reading Ordinance No. 28-09 for acity-initiated amendment to the Land Development Regulations, by adopting the findings of fact and law contained in the staff report and finding that the amendment is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(M) of the Land Development Regulations. http://miweb001/AgendasBluesheet.aspx?ItemID=2253&MeetingID=208 6/23/2009 PLANNING AND ZONING BOARD STAFF REPORT MEETING DATE AGENDA NO: MAY 18, 2009 V.C. AGENDA ITEM: CONSIDERATION OF ACITY-INITIATED AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS (LDR), BY AMENDING SECTION 4.3.3, "SPECIAL REQUIREMENTS FOR SPECIFIC USES", SUBSECTION (I), "COMMUNITY RESIDENTIAL HOMES AND GROUP HOMES"; TO UPDATE THE SECTION TO COMPORT WITH CHANGES IN STATE LAW. 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 update various state statutory and state licensing agency references in the LDRs. 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 proposed ordinance is administrative in nature and is an amendment that merely updates the City's LDRs to be consistent with state law. Following are specific highlights of the amendment: The term licensed service providers replaces the current terms convalescent homes, homes for the aged, and alcohol and drug treatment facilities. Both terms Community Residential Home and Group Home are expanded to include specific reference to the Department of Elderly Affairs, the Agency for Persons with Disabilities, the Department of Juvenile Justice, and a dwelling unit licensed by the Agency for Health Care Administration. 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. A thorough review of the Comprehensive Plan was conducted and although no specific goal or objective relates to the proposed ordinance, it is noted that the ordinance is not inconsistent with the Comprehensive Plan. Planning and Zoning Board Meeting, May 18, 2009 LDR Amendment -Community Residential Homes and Group Homes 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 4.3.3, "Special Requirements for Specific Uses", Subsection (i), "Community Residential Homes and Group Homes"; to update the section to comport with changes in state law, 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 4.3.3, "Special Requirements for Specific Uses", Subsection (i), "Community Residential Homes and Group Homes"; to update the section to comport with changes in state law, 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 Recommend approval of the amendment to Land Development Regulations, Section 4.3.3, "Special Requirements for Specific Uses", Subsection (i), "Community Residential Homes and Group Homes" to update the section to comport with changes in state law, 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 LDR-Community Residential and Group Homes-PZB-5-18-09 2 MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: June 23, 2009 SUBJECT: AGENDA ITEM 10.C. -REGULAR COMMISSION MEETING OF JULY 7, 2009 ORDINANCE N0.29-09 (SECOND READING/SECOND PUBLIC HEARINGI ITEM BEFORE COMMISSION This ordinance is before Commission for second reading and second public hearing to consider acity- initiated amendment to the Land Development Regulations (LDR) by amending Section 4.3.3, "Special Requirements for Specific Uses", by enacting a new Subsection 4.3.3(ZZZ), "Transient Residential Uses", in order to establish prohibitions, exemptions/exceptions, waivers and penalties; amending Section 4.4.6, "Medium Density Residential (RM) District", to provide that "Transient Residential Uses", shall be allowed as permitted uses; and, amending Appendix "A," "Definitions", to provide for a definition of "Transient Residential Uses". BACKGROUND At the first reading on June 2, 2009, the Commission passed Ordinance No. 29-09. RECOMMENDATION Recommend approval of Ordinance No. 29-09 on second and final reading. ORDINANCE N0.29-09 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING SECTION 4.3.3, "SPECIFIC REQUIREMENTS FOR SPECIFIC USES", BY ENACTING A NEW SUBSECTION 4.3.3(ZZZ), "TRANSIENT RESIDENTIAL USES", IN ORDER TO ESTABLISH PROHIBITIONS, EXEMPTIONS/ EXCEPTIONS, WAIVERS, AND PENALTIES FOR SAME; AMENDING SECTION 4.4.6, "MEDIUM DENSITY RESIDENTIAL (RM) DISTRICT", SUBSECTION (B), "PRINCIPAL USES AND STRUCTURES PERMITTED", IN ORDER TO PROVIDE THAT TRANSIENT RESIDENTIAL USES SHALL BE ALLOWED AS PERMITTED USES WITHIN THE (RM) DISTRICT; AMENDING APPENDIX "A", "DEFINITIONS", IN ORDER TO PROVIDE A DEFINITION OF "TRANSIENT RESIDENTIAL USES"; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the City Commission hereby finds and declares that the leasing, renting, licensing, subleasing or otherwise allowing in any manner or form the use of single-family residential dwelling units for periods of less than helve (12) months with a turnover in occupancy more often than six (6) times per year to any person, entity or family, is a non residential activity and is not considered an accessory use customarily accessory and incidental and subordinate to the primary intended purpose of cl~ellings, Ste, So'auarz v. City of Treasure Island, 21 FIa.L.Weekly Fed C11541 (11th Cir. 2008); and WHEREAS, the Census Data collected by the U.S. Census Bureau in 2000 provides that the average family size is 2.87 people; and WHEREAS, transient residential uses often maximise occupancy causing increased pressure on infrastructure, including: garbage, suer, water, and roadways; and WHEREAS, transient residential uses can result in increased noise and traffic in single-family residential communities; and WHEREAS, unless regulations are placed on the amount and location of transient uses, such uses could overwhelm the non transient related single-family residential community malting the City of Delray Beach a less attractive place to reside; and WHEREAS, transient residential uses can be incompatible with permanent and seasonal residential uses if not properly planned, controlled and regulated; and WHEREAS, the rapid turnover in occupancy associated with transient residential uses can be a disruptive influence on the peaceful use and enj oyment of single family residential areas; and WHEREAS, reserving land for single family residences preserves the character of neighborhoods, securing "zones where family values, youth values, and the blessings of quiet seclusion and clean air make the area a sanctuary for people." Sa?, City of E d~ravrds v. Oxford HoUSe, 514 U.S. 725, 733 115 S.Ct. 1776,131 L.E d 2d 801 (1995); and WHEREAS, Congress intended the FHA to "prohibit the use of zoning regulations to lirrdt the ability of the handicapped to live in the residence of their choice in the community; however, the FHA does not pre- empt or abolish a municipality`s power to regulate land use and pass zoning laws." Sa?, Jeffrey O. v. City of Bow Raton, 511 F. Supp. 2d 1339 (S.D. Fla. 2007); and WHEREAS, transient residential uses can displace permanent single family residential dwellings and thus reduce the number of permanent residents in the City and cause a reduction in state revenue sharing funds necessary to support the services that influence the quality of life for residents, commercial interests, and visitors to the City of Delray Seach; and WHEREAS, uncontrolled and unregulated transient residential uses is found to have a negative impact on the City of Delray Seach's economy, property values, law enforcement, traffic, safety, and the general health, safety, and welfare of the citizens of Delray Seach; and WHEREAS, the State of Florida has recognized that leases, rentals, licenses, and subleases or otherwise allowing in any manner the use of a residential dwelling unit for under twelve (12) months in duration is a transient use and is therefore taxed by the State of Florida at a rate of six (6) percent of the total rental amount charged; and WHEREAS, the State of Florida regulates Group Homes and Community Residential Homes by X419.001, Fla. Stat., which provides distance requirements of 1,000 feet between any home with six (6) or fewer residents and zoning approval by local governmealt of all homes with seven (7) to fourteen (14) residents, which results in less of an impact upon single-family zoning districts due to the distance requirements; and WHEREAS, Group Homes and Community Residential Homes statistically have residents that have a turnover in occupancy of less than six (6) times per year; and WHEREAS, Assisted Living Facilities, which are licensed under Chapter 429, Fla. Stat. statistically have residents that have a turnover in occupancy of less than six (6) times per year; and WHEREAS, the Delray Seach Planning and Zoning Soard has reviewed this ordinance and a duly noticed public hearing was held before the Planning and Zoning Soard on May 18, 2009, and said Soard has recommended denial of the changes to the City`s Land Development Regulations regarding the regulation of transient rental units by a vote of 5 to 0; and Plan. WHEREAS, the City Commission finds that the ordinance is consistent with the City`s Comprehensive 2 ORD. N0.29-09 NOW, THEREFORE, SE IT ORDAINED SY THE CITY CONIlVIISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the Land Development Regulations of the City of Delray Beach, Florida, Section 4.3.3, "Specific Requirements for Specific Uses", Subsection 4.3.3(ZZZ), "Transient Residential Uses", shall hereby be enacted to read as follow: (ZZZ) TRANSIENT RESIDENTIAL USE shall mean a dwelling that is operated or used in such a way that it has a turnover in occupancy of more than six (6) times in and 1 wear. (1) Transient Residential Uses are Prohibited in Single Family and Planned Residential Development Zoning Districts: All transient residential uses are prohibited in Single-Family and Planned Residential Development zoning districts in order to preserve the residential character of single-farruly neighborhoods and minimizes (2) Exceptions/Exemptions: a) Existing transient residential uses in single-family and planned residential development zoning districts may continue until the expiration of the current lease agreement between an existing occupant and the real property owner or twelve ,12) months after the effective date of this ordinance, whichever occurs first. (b) The leasing, renting, licensing, subleasing or otherwise allowing in any manner or form the use of asingle-family dwelling unit for Community Residential Homes, Group Homes, and/or Assisted Living Facilities, which are licensed by the state are exempt. (c) The real property owners of the dwelling unit are exempt regardless of how much time the owners spend at the dwelling unit on a yearl (3) Waiver for Undue Economic Hardship: In all instances where there is a claim of undue economic hardship, the property owner may be granted a waiver from Section 4.3.3 ZZZ) after submission of waiver request to the Cites Communit,~mprovement Director or his/her designee including the following documentation: (a) The amount paid for the property, the date of purchase, and the ,from whom purchased ORD. N0.29-09 (b) The assessed value of the land and improvements thereon, according to the two most recent assessments; (c) Real estate taxes for the previous two years; (d) Annual debt service or mort~m~ealts, if any for the previous t~ years; (e) All appraisals, if any obtained within the previous tw~~v the owner or avnlicant in connection with the purchase, financing, or ownership of the ro (f) Any listing of the ~ro~erty for sale or rent, price asked and offers received, if (~) The annual gross income from the property for the previous t~ years, if and (h) The annual cash flow if any for the previous t~ years; (i) An applicant may submit and the Director of the Neighborhood Services Departmealt or his/her designee may require that an applicant furnish additional information relevant to the determination of any alleged undue economic hardship; and (i) In the event that any of the required information is not reasonably available to the property owner and cannot be obtained b,T~ the ~ro~erty owner, the ~ro~ert~ owner shall file statement of the information which cannot be obtained and the reasons why such information cannot be reasonably obtained Where such unobtainable information concerns required financial information, the propei~-ty owner will submit a statement describing estimates which will be as accurate as are feasible. (4) Reasonable Accommodation: Reasonable Accommodations from this section maybe obtained pursuant to LDR Section 2.4.7(G~ 5) Penalties for Violations: The City adopts all enforcement methods, which include, but are not limited to, the issuance of a citation, summons, notice to wear in county court, arrest for violation of municipal ordinances, civil citations, iniunction or and enforcement method authorized by law including penalties as set forth in Section 10.99 of the Cites Code of Ordinances. An~property owner that leases, rents, licenses, subleases, or otherwise allows in any manner or form the use of a single-family residential dv`elling twit within asingle-famil~ning district for a period of less than twelve (12) months with a turnover in occupancy of more than six (6 times per ,> shall be in violation of this section ORD. N0.29-09 (6) Severabilit~ (a) Generally. If an~part, section, subsection, paragrap~paragrraph, sentence, phrase, clause, term, or Ord of Section 4.3.3(ZZZ) is declared unconstitutional b,T~ the valid iudgment or decree of any court of competent iurisdiction, the declaration of such unconstitutionality shall not affect the remainder of Section 4.3.3(ZZZ), "Transient Residential Uses". Section 2. That Section 4.4.6, "Medium Density Residential (RM) Districts", Subsection (S), "Principal Uses and Structures permitted", of the Land Development Regulations of the City of Delray Seach, Florida, shall be hereby amended to read as follow: (S) Principal Uses and Structures Permitted: The following types of use are allowed within the (RM) District as permitted use: (1) Single family detached dwellings. (2) Duplex structures. (3) Multiple family structures. (4) An abused spouse residence with helve (12) or fewer residents. (5) Group Homes, Types 1 and 2, and Community Residential Homes, pursuant to restrictions set forth in Section 4.3.3(I). (6) Parking lots not associated with a use, pursuant to an adopted neighborhood or redevelopment plan (7) Pocket parks. (8) Public educational facilities of The School District of Palm Seach County, pursuant to the regulations set forth in Section 4.3.3(I~I). (9) Assisted Living Facilities and Continuing Care Facilities. (10) Transient Residential Use. Section 3. That Appendix "A", "Definitions", of the Land Development Regulations of the City of Delray Seach, Florida, shall herebybe amended to read as follows: TRANSIENT RESIDENTIAL USE shall mean a dwelling that is operated or used in such a wa,T 5 ORD. N0.29-09 it has a turnover in occupancy of more than six (6) times in an one 1~~ar. Section 4. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or ward be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid Section 5. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed Section 6. That this ordinance shall become effective immediately upon its passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the day of 2009. ATTEST MAYOR City Clerk First Reading Second Reading 6 ORD. N0.29-09 Page 1 of 2 MEMORANDUM TO: Mayor and City Commissioners FROM: PAUL DORLING, AICP, DIRECTOR PLANNING AND ZONING MARK MCDONNELL, AICP, ASST. DIRECTOR PLANNING AND ZONING THROUGH: CITY MANAGER DATE: May 27, 2009 SUBJECT: AGENDA ITEM 10,H. -REGULAR COMMISSION MEETING OF JUNE 2, 2009 ORDINANCE N0.29-09 (FIRST READING/FIRST PUBLIC HEARING ITEM BEFORE COMMISSION Consideration of acity-initiated amendment to the Land Development Regulations (LDRs) that will establish prohibitions, exemptions, exceptions, waivers and penalties for transient residential uses; permit transient residential uses as principal uses in the RM-Medium Density Residential District; and will provide a definition of'transient residential uses'. BACKGROUND Transient Residential Uses will be prohibited in Single Family and Planned Residential Development zoning districts, but will be added as a permitted use in the Medium Density Residential (RM) districts. Those Transient Residential Uses that currently exist in Single Family and PRD zoning districts may continue until either the expiration of the current lease or twelve (12) months after the effective date of this ordinance, whichever comes first. Exemptions are provided for Group and Community Residential Homes licensed by the State. If the ordinance creates an undue economic hardship it can be addressed through a waiver provision pursuant to LDR Section 2.4.7(B) with proper documentation or by requesting reasonable accommodations through LDR Section 2.4.7(G). Any property owner that leases, rents, licenses, subleases a single family residential dwelling unit within a single family zoning district more than 6 times in any given year will be in violation of this ordinance. REVIEW BY OTHERS The text amendment was considered by the Planning and Zoning Board on May 18, 2009. The Board unanimously recommended denial on a 5 to 0 vote (Glickstein and Dowd absent), by adopting the findings of fact and law contained in the staff report and finding that the amendment is inconsistent with http://miweb001/AgendasBluesheet.aspx?ItemID=2252&MeetingID=208 6/23/2009 Page 2 of 2 the Comprehensive Plan and does not meet criteria set forth in Section 2.4.5(M) of the Land Development Regulations. RECOMMENDATION By motion, recommend approval on first reading Ordinance No. 29-09 for acity-initiated amendment to the Land Development Regulations, by adopting the findings of fact and law contained in the staff report and fording 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. http://miweb001/AgendasBluesheet.aspx?ItemID=2252&MeetingID=208 6/23/2009 PLANNING AND ZONING BOARD STAFF REPORT MEETING DATE: MAY 18, 2009 AGENDA NO: V.D. AGENDA ITEM: CONSIDERATION OF ACITY-INITIATED AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS (LDR), ENACTING A NEW SUBSECTION4.3.3(ZZZ), "TRANSIENT RESIDENTIAL USES", IN ORDER TO ESTABLISH PROHIBITIONS, EXEMPTIONS/ EXCEPTIONS, WAIVERS, AND PENALTIES FOR SAME; AMENDING SECTION 4.4.6, "MEDIUM DENSITY RESIDENTIAL (RM) DISTRICT", SUBSECTION (B), "PRINCIPAL USES AND STRUCTURES PERMITTED", IN ORDER TO PROVIDE THAT TRANSIENT RESIDENTIAL USES SHALL BE ALLOWED AS PERMITTED USES WITHIN THE (RM) DISTRICT; AMENDING APPENDIX "A", "DEFINITIONS", IN ORDER TO PROVIDE A DEFINITION OF "TRANSIENT RESIDENTIAL USES". 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 establish prohibitions, exemptions, exceptions, waivers and penalties for transient residential uses; permit transient residential uses as principal uses in the RM-Medium Density Residential District; and will provide a definition of `transient residential uses.' 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 Concerns have been raised that allowing use of single family residential dwelling units for transient residential use elevates the use to one that has characteristic of anon-residential activity and is not considered incidental and subordinate to the primary purpose of the intended purpose of a `dwelling.' The ordinance includes a new definition for Transient Residential Use which means a dwelling that is operated or used in such a way that it has a turnover in occupancy of more than 6 times in any one year. Transient residential uses have caused the following impacts and concerns: ^ Transient residential uses often maximize occupancy causing increased pressure on infrastructure. ^ Transient residential uses can be incompatible with permanent and seasonal residential uses if not properly planned, controlled and regulated. ^ Rapid turnover in occupancy associated with transient residential uses can be a disruptive influence on the peaceful use and enjoyment of single family residential areas. ^ Transient residential uses can displace permanent single family residential dwellings and thus reduce the number of permanent residents in the City and cause a reduction in state revenue sharing funds necessary to support the services that influence the quality of life for residents, commercial interests, and visitors. Planning and Zoning Board Meeting, May 18, 2009 LDR Amendment -Transient Residential Uses ANALYSIS Transient Residential Uses will be prohibited in Single Family and Planned Residential Development zoning districts, but will be added as a permitted use in the Medium Density Residential (RM) districts. Those Transient Residential Uses that currently exist in Single Family and PRD zoning districts may continue until either the expiration of the current lease or twelve (12) months after the effective date of this ordinance, whichever comes first. Exemptions are provided for Group and Community Residential Homes licensed by the State. If the ordinance creates an undue economic hardship it can be addressed through a waiver provision pursuant to LDR Section 2.4.7(B) with proper documentation or by requesting reasonable accommodations through LDR Section 2.4.7(G). Any property owner that leases, rents, licenses, subleases a single family residential dwelling unit within a single family zoning district more than 6 times in any given year will be in violation of this ordinance. REQUIRED FINDINGS Comprehensive Plan Conformance LDR Section 2.4.5(M)(5) (Findings) amendment is consistent with Comprehensive Plan. A review objectives/policies: Objective A-4 requires that the City Commission make a finding that the text and furthers the Goals, Objectives and Policies of the of the Comprehensive Plan identified the following applicable For those areas identified as "needing stabilization" on the Residential Neighborhood Categorization Map", the City shall take measures to prevent further decline (i.e. environmental impact, police activity, traffic, building height and density), and to help move the neighborhood toward a classification of "stable" residential," without displacement of existing residents. Objective A-11 To assist residents of the City in maintaining and enhancing their neighborhood, the City, through public input and notification, shall take steps to ensure that modifications in and around the neighborhood do not lead to its decline, such as those described in the following policies. The proposed ordinance is consistent with the above-stated objectives. 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. 2 Planning and Zoning Board Meeting, May 18, 2009 LDR Amendment -Transient Residential Uses ALTERNATIVE ACTIONS A. Continue with direction. B. Move a recommendation of approval to the City Commission of the amendment to Land Development Regulations, enacting a new Subsection 4.3.3(ZZZ), "Transient Residential Uses", in order to establish prohibitions, exemptions/ exceptions, waivers, and penalties for same; amending Section 4.4.6, "Medium Density Residential (RM) District", Subsection (b), "Principal Uses and Structures Permitted", in order to provide that Transient Residential Uses shall be allowed as permitted uses within the (RM) district; amending Appendix "A", "Definitions", in order to provide a definition of "Transient Residential Uses, 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, enacting a new Subsection 4.3.3(ZZZ), "Transient Residential Uses", in order to establish prohibitions, exemptions/ exceptions, waivers, and penalties for same; amending Section 4.4.6, "Medium Density Residential (RM) District", Subsection (b), "Principal Uses and Structures Permitted", in order to provide that Transient Residential Uses shall be allowed as permitted uses within the (RM) district; amending Appendix "A", "Definitions", in order to provide a definition of "Transient Residential Uses, 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 Recommend approval of the amendment to Land Development Regulations, enacting a new Subsection 4.3.3(ZZZ), "Transient Residential Uses", in order to establish prohibitions, exemptions/ exceptions, waivers, and penalties for same; amending Section 4.4.6, "Medium Density Residential (RM) District", Subsection (b), "Principal Uses and Structures Permitted", in order to provide that Transient Residential Uses shall be allowed as permitted uses within the (RM) district; amending Appendix "A", "Definitions", in order to provide a definition of "Transient Residential Uses, 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 LDR-Transient Residential Uses-PZB-5-18-09 3 MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: June 23, 2009 SUBJECT: AGENDA ITEM 10.D. -REGULAR COMMISSION MEETING OF JULY 7, 2009 ORDINANCE N0.30-09 (SECOND READING/SECOND PUBLIC HEARINGI ITEM BEFORE COMMISSION This ordinance is before Commission for second reading and second public hearing to consider acity- initiated amendment to Chapter 117 of the Code of Ordinances, "Landlord Permits", Section 117.01, "Permit Required", to clarify when a permit is required; Section 117.03, "Approval of Application", to provide additional requirements; Section 117.04, "Appeals", by renaming it "Denial or Revocation of Permit Application; Appeals", Section 117.05 "Inspection", to provide for inspection with a warrant; enacting a new Section 117.06 "Tenant/Occupant Eviction", to ensure notice and due process rights are followed or alternate housing is provided; and, enacting a new Section 117.07 "Severability", to provide for severability. BACKGROUND At the first reading on June 2, 2009, the Commission passed Ordinance No. 30-09 with the addition of a reference to "Assisted Living Facility" in Section 117.01(A). RECOMMENDATION Recommend approval of Ordinance No. 30-09 on second and final reading. ORDINANCE N0.30-09 AN ORDINANCE OF THE CITY COM1Vi<SSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 117, "LANDLORD PERMITS", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, SY AMENDING SECTION 117.01, "PERMIT REQUIRED", TO CLARIFY WHEN A PERMIT IS REQUIRED; AMENDING SECTION 117.03, "APPROVAL OF APPLICATION", TO PROVIDE ADDITIONAL REQUIREMENTS; AMENDING SECTION 117.04, "APPEALS", SY RENAMING IT "DENIAL OR REVOCATION OF PERMIT APPLICATION; APPEALS"; AND AMENDING SECTION 117.05, "INSPECTION", TO PROVIDE FOR INSPECTION WITH A W~-RRANT; ENACTING A NEW SECTION 117.06, "TENANT/OCCUPANT EVICTION", TO ENSURE NOTICE AND DUE PROCESS RIGHTS ARE FOLLOWED OR ALTERNATE HOUSING IS PROVIDED; AND ENACTING A NEW SECTION 117.07, "SEVERABILITY", TO PROVIDE FOR SEVERABILITY; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Delray Beach, Florida, has deternuned that enforcement of various City ordinances can be improved by greater involvement by the owners of property; and WHEREAS, the City Commission of the City of Delray Beach, Florida, desires to improve the quality of life for its residents; and WHEREAS, the City Commission of the City of Delray Beach, Florida, has developed a point system whereby landlord permits may be revoked for repeated instances of warning, temporary compliance and repeated violation of nuisance ordinances in order to more effectively address violations that affect the rights of residents adjacent to residential rental property within the City of Delray Beach; and WHEREAS, the City Commission of the City of Delray Beach, Florida, desires to ensure that proper eviction proceedings are followed by all landlords within the City of Delray Beach in accordance with Chapter 83, Florida Statutes, or other methods of due process afforded to reduce homelessness and crime in the City of Delray Beach; and WHEREAS, the courts have stated that houses for recovering addicts are subject to Residential Landlord Tenant Act requirements pertaining to evictions. See, Burke v. Oxford House of Ore~Zm Chapter V, 341 Or. 82,137 P.3d 1278 (Or. 2006); and WHEREAS, hotels/motels are licensed by the Departmealt of Business and Professional Regulation and are not regulated bylandlord/tenant laws; and WHEREAS, all residential tenancies that are located in residential zoning districts and are not classified as hotel/motel uses shall be regulated by this section regardless of the length of the lease or occupant contract unless such tenancies are licensed as Group Homes or Commtulity Residential Homes per ~ 419.001, Fla. Stat.; and WHEREAS, the Census Data collected by the U.S. Census Bureau in 2000 provides that the average family size is 2.87 people; and WHEREAS, the United States District Court for the Southern District of Florida held in Jeffrey O. v. City of Bora Raton, 511 F.Supp. 2d 1339 (S.D. Fla 2007), that there is, "nothing wrong with the number three that the city has chosen" NOW, THEREFORE, SE IT ORDAINED SY THE CITY CONMSSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Chapter 117, "Landlord Permits", Section 117.01, "Permit Required", shall be amended to read as follow: Sec. 117.01. PERMIT REQUIRED. (A) No person, company or other entity ~e may offer to or lease, sublease, rent, license, sublicense or have any other arrangement allowing occupancy of ~~~~~-~ ~~~-'~~~~ any residential units , unless a landlord permit is obtained or in existence for the ~ units. All oral rental arrangements shall be included within the scope of this Section, but the operation of a hotel shall not be included in this Section (any building which fits the definition of hotel but also fits the definition of another use which requires a landlord permit shall be interpreted to require a landlord permit), nor shall Living Fad Whenever Chapter 117 refers to "lease(s~, "leased", "rent(s, ", or "rented", it shall hereinafter include leases, subleases, rentals, licenses, sublicenses and all other arrangements for the occupancy of property. (S) A separate permit shall be required for each ~ leased unit Hov\ever, where a building contains a number of ~ leased units tinder the same owner, or where a number of different owners in one building authorize the same person or company to act as their agent for the purposes of applying for a permit, a single permit may be obtained for all qualifying twits within a single building which are tinder the same owner or agent, provided that the permit fee is paid for each individual trait. Nothing in this Section shall require a permit for any twit enrolled in Federal housing programs or tinder Federal [Departmealt of]Housing and Urban Development general supervision 2 ORD. N0.30-09 Sec. 117.02. PERMIT FEES. Applications for a landlord perrrtit shall be available through the Community Improvement Departrrtent. The annual permit fee shall be fifty dollars ($50.00) per unit. Such permit fee shall be for one year from the date of issue on November 1 of each year. This fee shall not be prorated Section 2. That Chapter 117, "Landlord Perrrtits", Section 117.03, "Approval of Application', shall be amended to read as follow: Sec. 117.03 APPROVAL OF APPLICATION. (A) The Commtulit,T~ Improvement Director, or his -ter designee, shall grant approval for the lease of units within the City for residential purposes upon a determination: (1) That the applicant has an interest in the property or is the agent or acting under the pertrrission of one with a sufficient interest in the property to obtain a landlord permit; (2) That the units comply with the requirements of the Housing Code as set forth in Section 7.4.1 of the Land Development Regulations of the City of Delray Beach with regard to those facilities necessary to make the rental unit habitable,; (3) That the rental of the units is in compliance with applicable zoning code regulations as enumerated in Chapter 4 of the Land Development Regulations (4) That no more than three (3) unrelated persons shall reside in any unit as further defined in the definition of "farrul,~ ' as provided in Appendix "A" of the Land Development Regulations ; (5) That an annual permit fee in accordance with Section 117.02 is paid; (6) That the applicant and applicant's property are not in violation of this article; Section 212.03, Fla. Stat.; (8) That a local business tax receipt has been obtained for all leases that are rented more often than six (6) times in an, one 1~year; and 3 ORD. N0.30-09 (9) That the applicant has certified that the provide each tenant with a copy of: a Chapter 83, Florida Statutes, Part IL entitled "Residential Tenancies"; b. Chapter 117 of the Code of Ordinances, entitled "Landlord Permits"; and c. A pamphlet provided by the City containing guidelines for rentals. Section 3. That Chapter 117, "Landlord Permits", Section 117.04, "Appeals", shall be amended to read as follows: Sec. 117.04 DENIAL OR REVOCATION OF PERMIT APPLICATION• APPEALS. (A) Permit application maybe denied for the following reasons: 1) The application for nemut is not fully completed and executed (2) The applicant has not tendered the required application fee with the application; (3) The application for permit contains a material falsehood or misrepresentation; (4) The use is not allowed in the zoning district; (5) The applicant had their landlord permit revoked within the last helve (12~ months as set forth in Section 117.04(5 below: B) Permits maybe revoked for the following reasons: (1) Violations of the Cites Ordinances or state landlord/tenant laws where the violation takes place at a unit regulated by this Section shall be grounds for ORD. N0.30-09 (a) For each civil citation for a violation of a City ordinance, one (1 voint will be assessed on the landlord permit for that individual unit. After t~ (2) voints are assessed on a landlord vermit for an individual unit, the Cit~T Manager or his/her designee will send a written waning to the permittee or agent. The warning will specify which ordinance or ordinances have been violated and will state that further citations or violations could lead to a revocation of the permit. (c) Accumulation of three (3 or more points on a landlord permit for an of the applicant described above, subiecting the permittee to revocation of the permit for the individual unit. Appeals of a denial or revocation of a landlord permit shall be made to the Permit Review Committee which shall consist of the City Manager, the Community Improvement Director and the Planning and Zoning Director or their respective designees. The City Attorney`s Office shall act as counsel to the Permit Review Committee. Requests for appeal must be made in writing and received by the Communit,~mprovement Director within thirty (30) days of formal notice of denial or revocation with the date of the notice of denial being the first day. Decisions of the Permit Review Committee maybe appealed to the City Commission, whose decision shall be final subject to any appeal of such decision to the Circuit Court of Palm Seach Cozen . Section 4. That Chapter 117, "Landlord Permits", Section 117.05, "Inspections", shall be amended to read as follow: Sec. 117.05. INSPECTIONS. The Communit~mprovement Director or his/her designee may inspect all rental units or units which are reasonably suspected to be rental units for compliance with all applicable City codes at reasonable hours with the permission of the owner, agent or tenant or a warrant. Section 5. That Chapter 117, "Landlord Permits", Section 117.06, "Tenant Eviction', of the Code of Ordinances of the City of Delray Seach, Florida, shall be enacted to read as follows: Sec. 117.06. TENANT/OCCUPANT EVICTION. (A) All applicants granted a landlord permit to lease residential units within the Cites 5 ORD. N0.30-09 B) All residential uses requiring a landlord permit that are not otherwise required to follow Chapter 83, Florida Statutes, shall provide either fort,T~eigh~48) hours notice of eviction in writing to tenant/occupant's due process rights are not violated Section 6. That Chapter 117, "Landlord Penrnts", Section 117.07, of the Code of Ordinances of the City of Delray Beach, Florida, shall be enacted to read as follows: Sec. 117.07 SEVERABILITY. (A) Generally. If an~part, section, subsection, paragraphparagraph, sentence, phrase, clause, term, or ward of this Chapter 117, "Landlord Permits" is declared unconstitutional bythe valid Section 7. 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 8. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed Section 9. 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 MAYOR City Clerk First Reading Second Reading 6 ORD. N0.30-09 Page 1 of 2 MEMORANDUM TO: Mayor and City Commissioners FROM: PAUL DORLING, AICP, DIRECTOR PLANNING AND ZONING MARK MCDONNELL, AICP, ASST. DIRECTOR PLANNING AND ZONING THROUGH: CITY MANAGER DATE: May 27, 2009 SUBJECT: AGENDA ITEM 10,I -REGULAR COMMISSION MEETING OF JUNE 2, 2009 ORDINANCE N0.30-09 (FIRST READING/FIRST PUBLIC HEARING ITEM BEFORE COMMISSION Consideration of acity-initiated amendment to the City's Code of Ordinances that will amend the current section pertaining to Landlord Permits. BACKGROUND The proposed ordinance amends Chapter 117, Landlord Permits, to provide that applications for landlord permits be approved by the Community Improvement Director (or their designee). In order to obtain approval, the applicant must: § show that no more than 3 unrelated persons reside in any leased unit § pay an annual permit fee of $50 per unit § provide proof that the applicant's property is not in violation § prove that sales taxes for rentals less than 6 months have been paid § prove that a local business tax receipt has been obtained for all leases, rentals, licenses and subleases rented more than 6 times in 1 year, and § certify that they will provide the tenant with a copy of Chapter 83, F.S., Chapter 117 of the City's Code of Ordinances and the City's pamphlet regarding rental guidelines. Applications for landlord permits maybe denied if: the application is incomplete http://miweb001/AgendasBluesheet.aspx?ItemID=2249&MeetingID=208 6/23/2009 Page 2 of 2 . the fee has not been paid ^ false information is provided . the use is not permitted in the zoning district ^ the applicant's permit has been revoked in the last 12 months. Permits maybe revoked if the applicant has violated the City's ordinances or state landlord/tenant law 3 or more times in a 12 month period. All denials and revocations may be appealed to a committee consisting of the City Manager, Community Improvement and Planning and Zoning Directors or their designees. All applicants granted a permit must provide notice prior to evicting a tenant in accordance with Chapter 83, F.S., unless they are exempt, in which case they must provide 48 hours notice of eviction in writing to the tenant or provide the tenant an alternative temporary dwelling unit for 48 hours to reduce homelessness and crime. REVIEW BY OTHERS The text amendment was considered by the Planning and Zoning Board on May 18, 2009. The Board unanimously recommended approval on a 5 to 0 vote (Glickstein and Dowd absent), 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, with the following conditions: That Section 117.03(A)(4) and 117.03(A)(8) be stricken. • That the $50 annual permit fee be increased. Final fee to be determined at the Commission's discretion. RECOMMENDATION Recommend approval on first reading Ordinance No. 30-09 for acity-initiated amendment to the City of Delray Beach Code of Ordinances. http://miweb001/AgendasBluesheet.aspx?ItemID=2249&MeetingID=208 6/23/2009 PLANNING AND ZONING BOARD STAFF REPORT MEETING DATE: MAY 18, 2009 AGENDA NO: V.E. AGENDA ITEM: CONSIDERATION OF ACITY-INITIATED AMENDMENT TO THE CHAPTER 117, "LANDLORD PERMITS", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, BY AMENDING SECTION 117.01, "PERMIT REQUIRED", TO CLARIFY WHEN A PERMIT IS REQUIRED; AMENDING SECTION 117.03, "APPROVAL OF APPLICATION", TO PROVIDE ADDITIONAL REQUIREMENTS; AMENDING SECTION 117.04, "APPEALS", BY RENAMING IT "DENIAL OR REVOCATION OF PERMIT APPLICATION; APPEALS"; AND AMENDING SECTION 117.05, "INSPECTION", TO PROVIDE FOR INSPECTION WITH A WARRANT; ENACTING A NEW SECTION 117.06, "TENANT/OCCUPANT EVICTION", TO ENSURE NOTICE AND DUE PROCESS RIGHTS ARE FOLLOWED OR ALTERNATE HOUSING IS PROVIDED; AND ENACTING A NEW SECTION 117.07, "SEVERABILITY", TO PROVIDE FOR SEVERABILITY; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. ITEM BEFORE THE BOARD The item before the Board is to make a recommendation to the City Commission regarding acity- initiated amendment to the City's Code of Ordinances, amending Chapter 117, "Landlord Permits." A courtesy review and recommendation from the Planning and Zoning Board is requested. BACKGROUND/ANALYSIS The proposed ordinance amends Chapter 117, Landlord Permits, to provide that applications for landlord permits be approved by the Community Improvement Director (or their designee). In order to obtain approval, the applicant must: ^ show that no more than 3 unrelated persons reside in any leased unit ^ pay an annual permit fee of $50 per unit ^ provide proof that the applicant's property is not in violation ^ prove that sales taxes for rentals less than 6 months have been paid ^ prove that a local business tax receipt has been obtained for all leases, rentals, licenses and subleases rented more than 6 times in 1 year, and ^ certify that they will provide the tenant with a copy of Chapter 83, F.S., Chapter 117 of the City's Code of Ordinances and the City's pamphlet regarding rental guidelines. Applications for landlord permits may be denied if: ^ the application is incomplete ^ the fee has not been paid ^ false information is provided ^ the use is not permitted in the zoning district Planning and Zoning Board Meeting, May 18, 2009 Code of Ordinance amendment-Landlord Permits ^ the applicant's permit has been revoked in the last 12 months. Permits may be revoked if the applicant has violated the City's ordinances or state landlord/tenant law 3 or more times in a 12 month period. All denials and revocations may be appealed to a committee consisting of the City Manager, Community Improvement and Planning and Zoning Directors or their designees. All applicants granted a permit must provide notice prior to evicting a tenant in accordance with Chapter 83, F.S., unless they are exempt, in which case they must provide 48 hours notice of eviction in writing to the tenant or provide the tenant an alternative temporary dwelling unit for 48 hours to reduce homelessness and crime. 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. 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 the City Code of Ordinances, by Amending Section 117.01, "Permit Required", To Clarify When A Permit Is Required; Amending Section 117.03, "Approval Of Application", To Provide Additional Requirements; Amending Section 117.04, "Appeals", By Renaming It "Denial Or Revocation Of Permit Application; Appeals"; And Amending Section 117.05, "Inspection", To Provide For Inspection With A Warrant; Enacting A New Section 117.06, "Tenant/Occupant Eviction", To Ensure Notice And Due Process Rights Are Followed Or Alternate Housing Is Provided; And Enacting A New Section 117.07, "Severability", To Provide For Severability; Providing A Saving Clause, A General Repealer Clause, And An Effective Date. C. Move a recommendation of denial to the City Commission of the amendment to the City Code of Ordinances, by Amending Section 117.01, "Permit Required", To Clarify When A Permit Is Required; Amending Section 117.03, "Approval Of Application", To Provide Additional Requirements; Amending Section 117.04, "Appeals", By Renaming It "Denial Or Revocation Of Permit Application; Appeals"; And Amending Section 117.05, "Inspection", To Provide For Inspection With A Warrant; Enacting A New Section 117.06, "Tenant/Occupant Eviction", To Ensure Notice And Due Process Rights Are Followed Or Alternate Housing Is Provided; And 2 Planning and Zoning Board Meeting, May 18, 2009 Code of Ordinance amendment-Landlord Permits Enacting A New Section 117.07, "Severability", To Provide For Severability; Providing A Saving Clause, A General Repealer Clause, And An Effective Date. (motion to be made in the affirmative). RECOMMENDED ACTION Recommend approval of the amendment to the City Commission of the amendment to the City Code of Ordinances, by Amending Section 117.01, "Permit Required", To Clarify When A Permit Is Required; Amending Section 117.03, "Approval Of Application", To Provide Additional Requirements; Amending Section 117.04, "Appeals", By Renaming It "Denial Or Revocation Of Permit Application; Appeals"; And Amending Section 117.05, "Inspection", To Provide For Inspection With A Warrant; Enacting A New Section 117.06, "Tenant/Occupant Eviction", To Ensure Notice And Due Process Rights Are Followed Or Alternate Housing Is Provided; And Enacting A New Section 117.07, "Severability", To Provide For Severability; Providing A Saving Clause, A General Repealer Clause, And An Effective Date. Attachment: ^ Proposed ordinance Code of Ordinance amend-Landlord Permits-PZB-5-18-09 3 MEMORANDUM TO: Mayor and City Commissioners FROM: Terrill C. Pyburn, Assistant City Attorney THROUGH: City Attorney DATE: June 16, 2009 SUBJECT: AGENDA ITEM 12.A. -REGULAR COMMISSION MEETING OF JULY 7, 2009 ORDINANCE 37-09 ITEM BEFORE COMMISSION Ordinance 37-09 prohibiting shark fishing within three hundred feed of the municipal beach. BACKGROUND As Commissioners may be aware, we have recently been contacted by residents concerned that fishing for sharks from the municipal beach may create hazardous conditions for swimmers at the beach. In response, the City Attorney's The attached Ordinance 37-09 enacts a new Section 101.37, "Shark Fishing", to prohibit shark fishing and/or chumming within three hundred feet (300') of the municipal beach. RECOMMENDATION City Commission discretion. ORDINANCE NO. 37-09 AN ORDINANCE OF THE CITY COM1Vi<SSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 101, "PARKS, BEACHES, AND RECREATION", SY ENACTING A NEW SECTION 101.37, "SHARK FISHING", TO PROHIBIT SHARK FISHING WITHIN THREE HUNDRED FEET OF THE MUNICIPAL BEACH; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING 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, the City Commission of the City of Delray Beach, Florida, has deternuned it to be in the public's best interest to establish reasonable regulations regarding fishing on the municipal beach NOW THEREFORE, SE IT ORDAINED SY THE CITY COM1Vi<SSION OF THE CITY OF DELRAY BEACH, FLORIDA AS FOLLOWS: Section 1. That a new Section 101.37, "Shark Fishir~', amending Chapter 101, "Parks, Beaches and Recreation', of the Code of Ordinances of the City of Delray Beach, Florida, shall be enacted to read as follow: Sec. 101.37. SHARK FISHING. beac (A) No shark fishing shall be allowed within three hundred feet (300') of the municipal (B) No baiting or chumrrung shall be allowed on or within three hundred feet (300', of the municipal beach. Baiting or chumming is defined as using cut up or ground up bait to put an attractir~ scent line on or below the surface of the water, or to visually attract other fish; (C) The use of shark lures and rigs shall be strictlyprohibited within three hundred feet (300') of the municipal beach; and (D) All accidental shark catches must be cut loose. No landing or reeling in of sharks shall be allowed on the municipal beach Section 2. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, clause or Ord be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part hereof other than the part declared 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 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 MAYOR First Reading Second Reading 2 ORD N0.37-09