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08-04-09 Regular MeetingCity 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, August 4, 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 100 NW 1st Avenue record. 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 in the Commission Chambers. 1. ROLL CALL. 2. INVOCATION. 3. PLEDGE OF ALLEGIANCE TO THE FLAG. 4. AGENDA APPROVAL. 5. APPROVAL OF MINUTES: A. JL~y 7, 2009 -Regular Meeting B. July 14, 2009 -Special Workshop Meeting C. July 21, 2009 - Reg~~lar Meeting 6. PROCLAMATIONS: A. None 7. PRESENTATIONS: A. None 8. CONSENT AGENDA: City Manager Recommends Approval. A. RATIFICATION OF THE SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ACTIONS: Approve and ratify the actions of the South Central Regional Wastewater Treatment and Disposal Board at their Quarter- Annual Meeting of July 16, 2009. B. RESOLUTION NO. 33-09: Approve Resolution No. 33-09 supporting the Beach Renourishment Project. C. SERVICE AUTHORIZATION NO. 5/COASTAL PLANNING & ENGINEERING INC./BEACH RENOURISHMENT PRO ECT: Approve Service Authorization No. 5 for Coastal Planning & Engineering, Inc. to proceed with the preliminary engineering and geotechnical engineering tasks for the Beach Renourishment Project, at a cost not to exceed X428,412.00. Funding is available from 332-4164-572-31.30 (Beach Restoration Fund/Professional Services /Engineering/Architectural) . D. ACCEPTANCE OF RIGHT-OF-WAY DEED/TASTE RESTAURANT: Approve and accept aright-of--way deed associated with the Taste Restaurant located at 169 and 171 Pineapple Grove Way (N.E. 2~'d Avenue). 08/04/2009 -2- E. ACCEPTANCE OF RIGHT-OF-WAY DEDICATION/251 DIXIE BOULEVARD: Approve and accept aright-of--way deed associated with the approved mixed-use development for property located at 251 Dixie Boulevard within the Del-Ida Park Historic District. F. DISASTER RECOVERY INITIATIVE (DRIB/HOUSING REHABILITATION GRANT/CONTRACT AWARDS: Approve two (2) Housing Rehabilitation grant awards to the lowest responsive bidders for the following projects: 918 S.W. 3rd Court to Haywood Construction in the amount of X36,441.10 and 926 S.W. 11`h Terrace to Jemstone Construction Group in the amount of X28,828.28. Funding is available from 118-1960-554-49.19 (Neighborhood Services/Other Current Charges/Housing Rehabilitation). G. ANTI-DISPLACEMENT AND RELOCATION POLICY: Approve and adopt an anti-displacement and relocation policy to be used in conjunction with the City's community development programs. H. SECOND ADDENDUM TO THE INTERLOCAL AGREEMENT/PALM BEACH COUNTY SHERIFF'S OFFICE: Approve a Second Addendum to the Interlocal Agreement between the City and the Palm Beach County Sheriffs Office for the Urban Area Security Initiative (UASI) Grant which will extend the grant period to December 31, 2009. I. AGREEMENT/UNITED STATES DEPARTMENT OF TUSTICE, DRUG ENFORCEMENT ADMINISTRATION (DEAD Approve and accept a State and Local Task Force Agreement between the City and the United States Department of Justice, Drug Enforcement Administration (DEA), to reimburse the Delray Beach Police Department for overtime up to X16,903.25 subject to availability of funds. MEMORANDUM OF UNDERSTANDING/PALM BEACH COUNTY MULTI-AGENCY VIOLENT CRIMES TASK FORCE/CRITICAL INCIDENT PROTOCOL: Approve a Memorandum of Understanding with the Palm Beach CountS~ Multi-Agency Violent Crimes Task Force (VCTF) and a Memorandum of Understanding for the VCTF Critical Incident Protocol to update the CitS~ s signatory to the agreement. K. LETTER OF SUPPORT/JUSTICE ASSISTANCE GRANT ~ AEG) FUND: Approve the Mayor's submission of a letter in support of the CountS~wide Justice Assistance Grant funds (JAG) funding allocations for FY 2010. L. PROPOSED MILEAGE RATE/DOWNTOWN DEVELOPMENT AUTHORITY: Approve the Downtown Development Authority's proposed millage rate for FY 2010. M. DEVELOPER'S AGREEMENT/CANNERY ROW LLC: Approve a finding that the Cannery Row developer is in compliance with the terms of the Developer's Agreement, executed May 8, 2007. 08/04/2009 -3- N. SPECIAL EVENT REQUEST/15TH ANNUAL DOWNTOWN DELRAY CRAFT FESTIVAL: Approve a special event request to endorse the 15`h Annual Downtown Delray Craft Festival sponsored by Howard Alan Events, Ltd. to be held on October 3 - 4, 2009 from 10:00 a.m. until 5:00 p.m., to grant a temporary use permit per LDR Section 2.4.6(F) for use of N.E. 4`h Avenue from Atlantic Avenue to N.E. 15T Street and from Atlantic Avenue to S.E. 15T Street, to utilize the Hands parking lot for vendor parking, to authorize staff support for traffic control and security. O. SPECIAL EVENT REQUEST/4th ANNUAL WALK FOR LUPUS NOW: Approve a special event request to endorse the 4th Annual Walk for Lupus Now sponsored by the Lupus Foundation of America Southeast Florida Chapter proposed to be held October 31, 2009 from 8:00 a.m. until noon, with set up to begin at 6:00 a.m., including granting a temporary use permit per LDR Section 2.4.6(F) for use of Anchor Park as a staging area and the use of sidewalks along A1A from Casurina to the north end of the beach, to waive parking fees in Anchor Park, to authorize staff support for security and traffic control, barricading, clean up and trash removal, use and set up of the small stage, and special event signage; contingent on sponsor providing a hold harmless agreement and a certificate of event liability insurance no later than two (2) weeks before the event; the event sponsor being responsible for site clean up; and signage installation occurring no earlier than ten (10) days prior to the event with banners allowed only on the stage and in Anchor Park. P. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period July 20, 2009 through July 31, 2009. Q. AWARD OF BIDS AND CONTRACTS: 1. Bid award to multiple vendors in the estimated annual amount of X186,500.00 for the purchase of chemicals and fertilizers for the CitS~. Funding is available from 001-4511-539-52.26 (General Fund/Operating Supplies/Gardening Supplies), 119-4144-572-52.21 (Beautification Trust Fund/Operating Supplies/Chemicals), 001-4131-572-52.21 (General Fund/Operating Supplies/Chemicals), 445-4714-572-52.26 (D.B. Municipal Golf Course/Operating Supplies/Gardening Supplies), and 446-4714-572-52.26 (Lakeview Golf Course/Operating Supplies/Gardening Supplies). 2. Contract award to Baker's Transport Service (BTS) in the amount not to exceed X27,000.00 for hauling and disposal of liquid lime slurry from the Water Treatment Plant (WTP) an additional sixty (60) days through the end of the fiscal year. Funding is available from 441-5122-536-34.90 (Water and Sewer Fund/Other Contractual Services). 3. Contract award to Chaz Equipment Company in the amount of X47,770.00 for the emergency repair of sanitary sewer mains at Lift Station #24, along S.W. 6`h Avenue at the intersection with S.W. 8`h Court (816 S.W. 6`h Avenue). Funding is available from 442-5178-536-63.51 (Water/Sewer Renewal and Replacement Fund/Sewer Mains). 08/04/2009 -4- 9. REGULAR AGENDA: A. WAVER REQUEST/DELRAY BEACH CLUB APARTMENTS: Consider a request for waiver of Land Development Regulations (LDR) Section 4.6.9(D)(3)(c)(2), "Stacking Distance", to allow a reduction in the required stacking distance from 100' to 70' feet and 100' to 66' for Delray Beach Club Apartments, located at 2000 South Ocean Boulevard. (Quasi Judicial Hearing) B. CONDITIONAL USE REQUEST/CAFE AU PLAY: Consider a conditional use request to allow a recreational establishment with attendant cafe known as Cafe Au Play to be located on Parcel "B" of the South Delray Shopping Center at 3003 South Federal Highway. (Quasi Judicial Hearing~J C. CONDITIONAL USE REQUEST/KAPLAN UNIVERSITY AND INSTRUCTIONAL CENTER: Consider a conditional use request to establish Kaplan University in the Mixed Residential Office and Commercial (MROC) zoning district within the Delray Corporate Center located at 3333 South Congress Avenue. (Quasi Judicial Hearing D. REQUEST FOR IN-LIEU PARKING SPACES/BELUGA RESTAURANT AND WINE BAR INC.: Consider a request from Beluga Restaurant and Wine Bar, Inc., for purchase of three (3) in-lieu parking spaces in the amount of X46,800.00. Beluga Restaurant and Wine Bar, Inc. is located at 44 S.E. 2~'d Avenue. ( uasi Judicial Hearing) E. RENEWAL/VALET PARKING LICENSE AGREEMENTS: Consider renewal terms for all Valet Parking License Agreements from April 1, 2009 through March 31, 2010. F. PURCHASE AWARD/CARDS CORPORATION: Consider approval of a purchase award to Carus Corporation in an estimated annual cost of X29,820.00 for the purchase of Poly Phosphate at X1.42 per pound for the Water Treatment Plant as needed. Funding is available from 441-5122-536-52.21 (Water/Sewer Fund/Chemicals). G. COMMISSION RULES OF PROCEDURE: Consider changing the Commission Rules of Procedure regarding time limits for Commission meetings, to require a majority of the Commission to approve an extension for each hour after 11:00 PM. H. APPOINTMENT OF OUTSIDE COUNSEL/HEATHER LEITCH v. CITY OF DELRAY BEACH: Consider approval to appoint Kara Rockenback, Esq. as co- counsel in the Appellate Case of Heather Leitch v. CitS~ of Delray Beach at the rate of X225.00 per hour. I. APPOINTMENTS TO THE EDUCATION BOARD: Appoint two (2) student members to the Education Board to serve a two (2) year term ending July 31, 2011 and a one (1) year term ending July 31, 2010. Based upon the rotation system, the appointments will be made by Commissioner Bernard (Seat #4) and Mayor McDuffie (Seat #5). 08/04/2009 -5- J. APPOINTMENTS TO THE HISTORIC PRESERVATION BOARD: Appoint three (3) regular members to the Historic Preservation Board to serve two (2) ~~ear terms ending August 31, 2011. Based upon the rotation system, the appointments will be made by Commissioner Fetzer (Seat #2), Commissioner Frankel (Seat #3) and Commissioner Bernard (Seat #4). K. APPOINTMENTS TO THE GREEN TASK FORCE: Appoint seven (7) regular and two (2) alternate members to the Green Task Force to serve terms ending July 31, 2010 or July 31, 2011. Based on the rotation system the appointments will be made b~~ Commissioner Eliopoulos (Seat #1), Commissioner Fetzer (Seat #2), Commissioner Frankel (Seat #3), Commissioner Bernard (Seat #4), Mayor McDuffie (Seat #5), Commissioner Eliopoulos (Seat #1), Commissioner Fetzer (Seat #2), Commissioner Frankel (Seat #3) and Commissioner Bernard (Seat #4). 10. PUBLIC HEARINGS: A. PUBLIC COMMENTS/FY 2010 PROPOSED BUDGET: The City Commission will hear public comments, if an~~, regarding the FY 2010 Proposed Budget at this time. B. ORDINANCE NO. 38-09 (FIRST READING/FIRST PUBLIC HEARING): Consider a privatel~~-initiated amendment to the Land Development Regulations (LDR) Section 4.4.12, "Planned Commercial (I'C) District", Subsection (D), "Conditional Uses and Structures Allowed", and Subsection (G), "Supplemental District Regulations", to provide regulations for the Silver Terrace CourtS~ards Overla~~ District; enacting Section 4.5.17, "Silver Terrace Courtyards Overlay District", to define the overlay district; amending Sections 4.7.1, "Definitions", Section 4.7.2, "Applicability", and Section 4.7.5, "Density Bonus Program for the Southwest 10`h Street and I-95/CSX Railroad Corridor Overla~~ Districts", to provide for the creation of a new Workforce Housing Overlay District; amending Section 4.7.9, "General Provisions", Subsection "o", to modif~~ the provisions allowing non-eligible occupants to occup~~ workforce housing rental units under certain conditions. If passed a second public hearing will be held on August 18, 2009. C. ORDINANCE NO. 35-09 (SECOND READING/SECOND PUBLIC HEARING): Consider a city initiated amendment to Land Development Regulations (LDR) Section 4.6.9, "Off-Street Parking Requirements", Subsection (C), "Number of Parking Spaces Required", Sub-subsection (8), "Multiple Uses", Paragraph (A), "Shared Parking", to allow the utilization of the shared parking calculations table for mixed-use developments when there is no residential use. D. ORDINANCE NO. 33-09 (SECOND READING/SECOND PUBLIC HEARING): Consider a city-initiated amendment to the Land Development Regulations (LDR) 2.4.3(K), "Fees", Sub-subsection (1), "Development Applications", Sub-subsection (3), "Permit Fees", to provide for an increase in such fees. 08/04/2009 -6- E. ORDINANCE NO. 32-09 (SECOND READING/SECOND PUBLIC HEARINGI: Consider a city-initiated amendment to the Land Development Regulations (LDR) Section 4.4.13(B)(3), "Principle Uses and Structures Permitted", to clarify that "Public Open Space/Plaza", is a principal (permitted) use within the Central Business District (CBD). F. ORDINANCE NO. 36-09 (SECOND READING/SECOND PUBLIC HEARINGI: Consider achy-initiated amendment to Land Development Regulations (LDR) Section 4.3.4(K), "Development Standard Matrix", pertaining to setback requirements in the Residential Office District (RO). G. ORDINANCE NO. 34-09 (FIRST READING/FIRST PUBLIC HEARINGI: Consider acity-initiated amendment to Land Development Regulations (LDR) Section 5.3.2, "Park Land Dedication", Subsection (C), "Impact Fee Required", to clarify requirements regarding impact fees for single famil~~ and all other types of development. If passed a second public hearing will be held on August 18, 2009. 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. None 13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS. A. City Manager B. City Attorne~~ C. City Commission POSTED: JULY 31, 2009 08/04/2009 -7- ~~ ~~~ -- - CITY QI~ DELRAY BEACH ~ BOARD MEMBER APPtICATI 1993 - ~~~- ~ ~ ~~~ 2001 ~~ PlP.ase twe or mint the followu~ information: 1~~1`~ ~~~~~ 1, Last Name: ~1,~~1~1~~'~~ 1 1 Name ~¢ ~f~~.+ I~ S 2, Home Ad 's: r ,fir f~ V ~~ f" -it L ~ D ft' i~''~ Ci ~ ,~~ State ~li Zi~,,+CAde :~:!" 3. Legal Residence: v~~~~ C`aty State Zip C;nde 4. Principal Business Address: ~~ ~~ City State -Zip Code 5, Home Phone: ~1 zss~ ~ ~~ Business Phone: ~~ ~ ~~ Cell Phone: Fax: 6. Date of Birth 7. Are you a registered voter? I so, where are you registered.? $, Wh Board(s) are~you interested in serving? Please .list in 1 order of preference: - 9, List all Cary Boards on which you are currently serving or have previously served: ~I'lease include dates y~ .. ~ ,~.~v/t 11. List any re you 12, wive your Ppresent, or most recent a to r, and position: ~ _~~~~G~?`yd~ y'' ~l/,5%'~`itls ~/rte GYd'l~rl'C"Z~itl,C't'~1~'t/ d 13. Describe experiences, skips or knowledge which quaLify'yt~u {o serve on thu"Iioard: (Please ar,.tach a brief resume I hereby certify that all the above statements are true, and I agree and understand that any misstatement of material facts co in this lication may cause forfeiture upon my part o£ any appointment I may receive. 4 SI A DATE Note: This application will remain on File in the City Clerk's Qf£ice Ear a period of 2 years from. the date it was submitted It will. be the applicant's responsibilitytc~ ensure that a current application is on File. Additional Information for Item 9.K. JULY 7, 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, July 7, 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 Doug Smith, Assistant City Manager Brian Shutt, City Attorney Chevelle D. Nubin, City Clerk 2. The opening prayer was delivered by Dr. Gary Guerrier, Pastor with First Baptist Church. 3. The Pledge of Allegiance to the flag of the United States of America was given. 4. AGENDA APPROVAL. Mr. Eliopoulos requested that Item 8.N.3., Purchase Award/ Camalucci Suns of the Consent Agenda be moved to the Regular Agenda as Item 9.A.A. and that Item 8.A., Service Authorization No. 03-04/Kimley-Horn Associates of the Consent Agenda be moved to the Regular Agenda as Item 9.A.A.A. Mayor McDuffie stated there is additional information for Item 9.D., Interlocal Agreement/Town of Gulf Stream/Fire-Rescue. Mr. Frankel moved to approve the Agenda as amended, 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. 5. APPROVAL OF MINUTES: Mr. Eliopoulos moved to approve the Minutes of the Regular Meeting of June 2, 2009, seconded by Mr. Fetzer. Upon roll call the Commission voted as follows: Mr. Frankel - 07/07/09 Yes; Mr. Bernard -Yes; Mayor McDuffie -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes. Said motion passed with a 5 to 0 vote. Mr. Fetzer moved to approve the Minutes of the SpeciaUWorkshop Meeting of June 9, 2009, seconded by Mr. Frankel. 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. 6. PROCLAMATIONS: A. None 7. PRESENTATIONS: 7.A. Life Saving Award Presentation reco~nizin~ and commending Luca Carucci, David D' Eugenio and Paramedic Brian Pollack Division Chief Williams, Fire-Rescue Department, stated on June 15, 2009, a motorist ran over a street sign while leaving a doctor's office, and a fire had ignited. The motorist continued to drive into oncoming traffic on Linton Boulevard. Finally the car came to a complete stop and burst into flames. Mr. Williams stated the lady who was trapped is Mrs. Katz. He stated two nearby motorists Mr. Carucci and Mr. D'Eugenio stopped and realized that someone was still inside the car. Division Chief Williams stated since all the doors were locked these two individuals sprang into action by smashing out the window and pulled her out of the car to safety. Mrs. Katz is alive today because of these heroes. Division Chief Williams stated off-duty Delray Beach Fire-Rescue Paramedic Brian Pollack was also driving in the vicinity and immediately took action. Division Chief Williams presented a Life Saving Award to Mr. Luca Carucci, Mr. David E'Eugenio and Paramedic Brian Pollack for their outstanding efforts to save a life. 7.B. Senator Chris Smith - Legislative Uudate Senator Chris Smith was not able to attend. 8. CONSENT AGENDA: City Manager Recommends Approval. 8.A. THIS ITEM HAS BEEN MOVED TO THE REGULAR AGENDA AS ITEM 9.A.A.A. 8.B. AMENDMENT NO. 1/FLORIDA PUBLIC UTILITIES COMPANY HURRICANE DISASTER AGREEMENT: Approve Amendment No. 1 to the Hurricane 2 07/07/09 Disaster Agreement between the City of Delray Beach and Florida Public Utilities Company regarding procedures to be followed in the event of hurricane disaster. 8.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. 3rd Avenue located at 101 N.E. 2nd Avenue at the Pineapple Grove Corporate Center (a/k/a Creations Office Building). 8.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). 8.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. 6th 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 awards 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). 8.F. RESOLUTION NO. 28-09/MAINTENANCE MEMORANDUM OF AGREEMENT/FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT): 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. The caption of Resolution No. 28-09 is as follows: 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. (The official copy of Resolution No. 28-09 is on file in the City Clerk's office.) 07/07/09 8.G. NEIGHBORHOOD STABILIZATION PROGRAM 2 (NSP2) 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 (ARRA) 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. 8.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. 8.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. 8_J. SPECIAL EVENT REQUEST/SPADY LIVING HERITAGE DAY: Approve a special event request to endorse the 4t 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. 5th Avenue from Martin Luther King, Jr. Boulevard to N.W. 1st 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. 8.K. SPECIAL EVENT REQUEST/MUSICFEST na, THE PAVILION: Approve a special event request for MusicFest @ the Pavilion to beheld 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. 8.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. 8.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. 8.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 4 07/07/09 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. THIS ITEM HAS BEEN MOVED TO THE REGULAR AGENDA AS ITEM 9.A.A. 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. Mr. Eliopoulos moved to approve the Consent Agenda as amended, seconded by Mr. Bernard. 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. REGULAR AGENDA: 9.A.A. 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) Richard Hasko, Director of Environmental Services, stated this is a request for approval of two directional signs for the Old School Square Garage. He stated this is the signage the Commission saw about a month or two ago at a Workshop Meeting. The Commission had comments and staff made some minor revisions. Mr. Hasko stated this is the formal proposal for the prefabrication and installation of those signs. He stated the signs are going to be lit with directional arrows pointing to the entrance of the garage; one is proposed at the intersection of Pineapple Grove Way and N.E. 1st Street (southwest corner) and the other one is proposed at N.E. 1st Street and N.E. 1st Avenue to direct people coming from the south and the east to the access point to the garage. Mr. Eliopoulos moved to approve Item 9.A.A. (formerly Item 8.N.3.), 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. 5 07/07/09 9.A.A.A. SERVICE AUTHORIZATION NO. 03-04/HIMLEY 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). Richard Hasko, Director of Environmental Services, stated last month the City Commission approved a $99,000.00 contract addition which was the first half of the rest of the debris issue at Miller Park. At that point, Mr. Hasko stated he informed the Commission of how we got there in terms of our ability to relocate this debris on site within the footprint of the existing former landfill. He stated one of the requirements was a series of reporting, sampling, and testing and monitoring that would have to be written into a report form and submitted to the Florida Department of Environmental Protection (FDEP) post construction. Mr. Hasko stated the $33,000.00 was attached for the Commission's information and staff was hoping to reduce this amount in terms of how they were going to deal with the issue of combustible gases. He stated the consultant advised that in their experience that was one of the primary portions of the report that they were going to be looking for. Mayor McDuffie asked if staff is encountering any combustible gases. In response, Mr. Hasko stated staff is pretty confident that we are not going to encounter any combustible gases. He stated there is a process that staff has to go through which includes some monitoring, etc. particularly around the buildings for those types of gases that FDEP is going to want to see in the post construction report. Mr. Eliopoulos ask if the Commission is going to see Mr. Hasko again on this project. In response, Mr. Hasko stated the Commission will probably see Mr. Hasko again regarding this project because staff still has a lot of construction to do; however, he does not believe that he will be back before the Commission regarding the debris issue. However, in the process of doing that the City has well exceeded the threshold beneath which either he or the City Manager can approve anything. Mr. Hasko stated there is some contingency money left in the contract. Mr. Eliopoulos encouraged Mr. Hasko to try and work within his means and hopefully not have to come back before the Commission regarding this project. Mr. Eliopoulos stated he realizes there have been some unforeseen conditions underground. Mr. Hasko stated staff will probably run into some issues with underground electric in terms of the depth. He stated anything that staff does they have to come back to the Commission with it. Mr. Eliopoulos asked if there is a reason why all of sudden we are running into something like this with regard to the underground electric. Mr. Hasko stated this is typical on a project like this. He stated staff is talking to FPL and the contractor now has to do the cover on a particular distribution service line which you would typically not pothole that. Mr. Hasko stated what is causing it, is the finished grade is a cut section so it has to be lowered; by either lowering it or concrete encasing it and there will be a cost associated with that. Mayor McDuffie stated hopefully we will remain within contract and within budget. 6 07/07/09 Mr. Eliopoulos moved to approve Item 9.A.A.A. (formerly Item 8.A.), seconded by Mr. Frankel. 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. 9.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) 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. Mayor McDuffie asked the Commission to disclose their ex parte communications. The Commission had no ex parte communications to disclose. Paul Dorling, Director of Planning and Zoning, entered the Planning and Zoning Department project file #2009-169. Mr. Dorling stated this is a consideration of a waiver to the LDR Section 4.6.14(A)(2) associated with a Class V site plan approval for West Atlantic Public Plaza. The property is a 0.228 acre site. On June 24, 2009, the Site Plan Review and Appearance Board (SPRAB) approved the Class V site plan application which included 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 required findings of LDR Section 2.4.7(B)(5) are made and the rationale includes the fact that this is a signalized intersection. If and when a car is sitting at this signalized intersection, by virtue of its location, should have 40 feet of visibility but by the LDR requirements and the way it is measured, it technically does not meet it and thus the reason for the waiver request. 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. Mayor McDuffie stated if anyone from the public would like to speak in favor or in opposition of the waiver request, to please come forward at this time. 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). 7 07/07/09 Mr. Fetzer moved to adopt the Board Order as presented, seconded by Mr. Frankel. 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. 9.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). Richard Hasko, Director of Environmental Services, stated this is the rest of the costs involved with the debris handling at Miller Park for the debris that was excavated and has to be excavated from the building pads from the supplemental trench work for Water and Sewer that staff is going to relocate onsite. Mr. Hasko stated staff is getting some additional boring work done in the outfield areas of a couple of the fields towards the railroad tracks on the east side where prior investigations have shown minimal debris and contamination. He stated this cost is involved with excavating that and burying the debris, compacting it, and then covering that up which is a little over $95,000.00. Mr. Eliopoulos asked how much staff is over budget. Mr. Hasko stated from day one with the original approval for debris handling including the $33,000.00 discussed earlier, the total cost of dealing with this debris issue has been around $390,000.00. Mr. Eliopoulos stated when staff knew that this was a previous dumping site; to actually lock on to what would be accurate borings, would have been more like a grid system that would have been done across the entire site and asked whether or not that was ever discussed. Mr. Hasko stated it was an option that was discussed briefly and noted that they would have been looking at a grid pattern set of borings probably 50 foot centers over the entire site would have been a six figure geo-tech contract. Mr. Hasko stated based on the information that they have had and the historical information which was sketchy along with some institutional information from employees who were familiar with the park and had dealt with some issues out there years ago, with some of these things that have come to the surface and in looking at the pre-construction borings that staff did do, they did not feel it was cost effective based on the information that they had (per the recommendation of the consultant which staff agreed with). Mr. Hasko stated staff did not think they were going to encounter anywhere near this type of material particularly for what they were doing. He reiterated that staff did not envision encountering anywhere near this magnitude just based on the information that they had. Mr. Bernard moved to approve Change Order No. 4 in the amount of $95,069.04 to West Construction, Inc., 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. 9.C. CONSULTING SERVICE AUTHORIZATION/CURRIE SOWARDS AGUILA ARCHITECTS/FIRE STATION NO. 3: Consider approval of a Consulting Service 8 07/07/09 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). Richard Hasko, Director of Environmental Services, stated this is a request for approval of a service authorization of $25,000.00 for the first phase of consulting work for the replacement of Fire Station #3 which is the oldest remaining station in the City. Mr. Hasko stated it has had a history of problems and issues due to the age and condition of the structure having to do with roof leaks, mold, and rodents. He stated in terms of Fire-Rescue's ability to house the facilities and the personnel for the types of services that they provide in the 21st century are very limited for the existing station. Mr. Hasko stated the Fire-Rescue Department has identified a competitive grant program under the American Recovery and Reinvestment Act (ARRA) that will award up to $15 million for a single award for Fire Station replacement/rehabilitation/construction, etc. Mr. Hasko stated the award of the grant is not expected to be announced until between September and December. He stated once the award is announced staff has to deal with the shovel ready aspect of the project and would have to start now to get some level of consulting and engineering done. Mr. Hasko stated in order to position ourselves to do that we really need to start now to get some consulting and engineering done and one of the ways of minimizing that time and also giving Fire-Rescue a facility that they really like was to take the footprint for the structure that Jose designed for Fire Station #4 and see if it would fit on the property where Fire Station #3 now sits. He stated staff found that the footprint of that building will fit and the site plan essentially works on the Station #3 site with the exception that it is a little bit narrower than the Fire Station #4 site so they do not get the by-pass lane around the three fire bays that they have on Fire Station #4. Mr. Hasko stated Fire-Rescue is fine with that and potentially at some point in time in the future if the adjacent vacant parcel becomes available the City may be able to acquire a piece of that property to attach then that could be added but it not necessary for the appropriate operation of the station. Mr. Hasko stated the $25,000.00 was a safe risk in terms of the ability to potentially get grant money that would pay for a three or so million dollar fire station replacement. Mr. Eliopoulos stated he is not in support of moving Fire Station #4. Mr. Bernard asked if there is a timeframe in terms of doing improvements to Fire Station #3. The City Manager stated we need to take a more comprehensive look at that in view of the problems that they are having. He stated within the next year or two the City is going to have to invest some money in Fire Station #3. The City Manager stated this is really a question if the Commission would like to spend $25,000.00 in order to see if they can get a stimulus package to replace the entire station or not. The City Manager stated Fire Station #3 will have to be replaced sometime in the future or spend a significant amount of money to solve the problems with the existing building. Mayor McDuffie inquired about the approximate age of Fire Station #3. It was noted that the approximate age of Fire Station #3 is 38 years. Mr. Frankel moved to approve the Consulting Service Authorization to Currie Sowards Aguila Architects in the amount of $25,000.00, seconded by Mr. Bernard. Upon roll 9 07/07/09 call the Commission voted as follows: Mayor McDuffie -Yes; Mr. Eliopoulos - No; Mr. Fetzer - No; Mr. Frankel -Yes; Mr. Bernard -Yes. Said motion passed with a 3 to 2 vote, Commission Eliopoulos and Commissioner Fetzer dissenting. 9.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. The City Manager stated the City of Delray Beach has provided fire-rescue services to the Town of Gulf Stream since 1983 and the current agreement was approved in 1999 and will expire on September 30, 2009. He stated the City has prepared a successor agreement using the same methodology as the current agreement which is the City's per capita cost multiplied by Gulf Stream's population. The City Manager stated the Fire-Rescue Department and the Commission raised a valid concern that the cost the City was using did not incorporate the City's investment in Fire Station facilities and some of the City's capital equipment. He stated as an alternative staff has proposed an agreement with a 25% surcharge following the model and State Statutes for the utilities so the initial base charge for this proposed agreement is $286,250.00 and is an increase of about 80% above the current year of $159,080.00. The City Manager recommends approval of the agreement with a 25% surcharge. Mr. Fetzer stated he has struggled with the rationale that the 25% surcharge under State Statutes has been in place for other utilities. He feels this is a reasonable proposal and supports it. Mr. Eliopoulos stated this is fair and reasonable. Mr. Frankel agrees that we have to be fair; however, the new price of $286,250.00 with the Gulf Stream population of 716 gives a per capita cost of $399,079. He briefly discussed the information that was provided at the Workshop Meeting and stated it is over $200.00 less per capita than any other locale. Mr. Frankel stated the City is struggling with the budget and feels it is important to be fair with our neighbors; however, he still thinks that on a long-term contract it is low. The City Manager stated it is not less than any other locale. The City Manager stated Hillsboro Beach is actually lower than the City's initial proposal and Hillsboro Beach is served by Deerfield. The City Manager stated each one of those situations is different in terms of response time and the location of stations and what we have in our relationship with Gulf Stream. The City Manager stated with Manalapan and South Palm Beach, they have a contract with Palm Beach County to man a station that is located in Manalapan that serves both communities and the contract provides that they pay either the cost of the station or the County's fire millage whichever is less. He stated in this case we do not have a station in Gulf Stream but we do in Highland Beach so they are being served from an existing station. Mr. Frankel expressed concern that it is being serviced by Fire Station #2 which is not fully staffed. The City Manager stated this is a decision that the Commission will make as they go through the budget process and expects that staff will make some proposals for increasing the staffing there. The City Manager stated the budget figures so far do not include this increase. 10 07/07/09 Mayor McDuffie stated this is a tough decision and feels the information brought to the Commission by the Fire-Rescue Department has been very valuable in making a decision. Mayor McDuffie concurred with Commissioner Fetzer that we have something that we can substantiate by law that is normal in regular business for any other municipality providing outside services to someone which is a 25% increase above what we are doing. He stated this raises Gulf Stream's bill to the City dramatically (80% over what the City was asking for last year). Mayor McDuffie stated this is fair and equitable and is something that we can justify based upon law and he supports it. Mr. Fetzer moved to approve the Interlocal Agreement with the Town of Gulf Stream for Fire-Rescue services, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. Frankel - No; Mr. Bernard - Yes; Mayor McDuffie -Yes. Said motion passed with a 4 to 1 vote, Commissioner Frankel dissenting. At this point, William F. Koch, Mayor of Gulf Stream, thanked the City Commission for considering Gulf Stream's problems. Mr. Koch stated Gulf Stream has been a good neighbor and they do not compete with any of the stores in the community and they spend their money there. He stated per capita the people in Gulf Stream contribute more to the charities and special things that Delray has probably more than the people in Delray do. Mayor Koch stated Gulf Stream has always felt that they have been abrother/sister community and this arrangement they have had for years. Mr. Koch thanked the Commission for considering keeping the doors between the two communities open. 9.E. REQUIREMENT 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. The City Manager stated there is a problem with the budget public hearing date scheduled for Tuesday, September 8, 2009. He stated Palm Beach County is holding its budget hearing on September 8, 2009 and the School Board is holding its budget hearing on Wednesday, September 9, 2009. By law, the City of Delray Beach cannot hold a budget hearing on the same date as the County or the School Board. The City Manager suggested that the budget hearing scheduled for September 8, 2009 be moved to Thursday, September 10, 2009, or, the other option would be to move both September meetings and meet on September 14, 2009 and September 29, 2009. Mr. Frankel moved to approve to change the first budget public hearing date from Tuesday, September 8, 2009 to Thursday, September 10, 2009, and reschedule the September 8, 2009 City Commission meeting to Thursday, September 10, 2009, 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. At this point, the time being 7:00 p.m., the Commission moved to the duly advertised Public Hearings portion of the Agenda. 11 07/07/09 10. PUBLIC HEARINGS: 10.A. ORDINANCE NO. 27-09 (SECOND READING/SECOND PUBLIC HEARING): Consider acity-initiated amendment to the Land Development Regulations (LDR) Appendix "A", "Definitions", to provide an updated definition of "Family". 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 AMENDING 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 is aCity-initiated amendment to the LDRs that provides an updated definition to the term family. The current definition refers to one or more persons related by blood and marriage and have 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. Mr. Dorling stated the new definition of the term "Family" as 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. He stated group homes and community residential homes are excluded from this definition as they are regulated by State law and have their own definition under that Statute. Mr. Dorling stated the ordinance also talks about currently occupied dwellings that do not meet this definition and they would be given 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. At its meeting of May 18, 2009, the Planning and Zoning Board recommended denial with a 5 to 0 vote (Glickstein and Dowd absent). The denial centered around concerns that people who cohabitated and were not married would not be able to stay together if they exceeded the 3 under this scenario. The City Commission considered this amendment on June 2, 2009 and recommended approval. 12 07/07/09 Mayor McDuffie declared the public hearing open. Gerry Franciosa, 939 Eve Street, Delray Beach (sueakin~ on behalf of Progressive Residents of Delrayh distributed a booklet and entered it into the record. Mr. Franciosa stated he emailed a lot of the information that is in the booklet to the Commission and noted that the booklet consists of an analysis of Professor Jan's statistical analysis. He stated when this issue came before the Board of Directors of P.R.O.D. the majority of the Board voted to support Ordinance No. 27-09 as written for 3 unrelated persons. Mr. Franciosa stated he spoke to City Commissioners, Code Enforcement staff, City staff, and the City Attorney. He contacted residents and members of various homeowners' associations and the consensus was an overwhelming support of 3 unrelated people per dwelling. Mr. Franciosa stated he found that the opposition to Ordinance No. 27-09 comes from several large groups of property owners all with a common denominator, money. He stated the first group is seasonal rental property owners who are driven by profit; the second is the immigrant population of Delray Beach which is driven by need; the third are the sober houses whose ownership is driven by greed. Mr. Franciosa stated this ordinance is money versus a quality of life for our residents. George Jahn, 1021 East Heritage Club Circle Delray Beach/Delray Place Auartments (resident, urouerty owner, and Professor of Mathematics at Palm Beach Community College), stated the last time he came before the Commission he gave a presentation on the statistical analysis with regards to the definition of family. After that, there was much discussion about half-way houses, etc. so he decided to collect some additional data which came from SCRRA (South County Recovery Residence Association) and other various sober house websites in regards to their locations and sizes. Mr. Jahn stated the first ordinance was Ordinance No. 29-09 which is transient living and in reality if Ordinance No. 29-09 came up first based on the data that he collected, 68% of all the recovery residents that fall under that definition of transient living would not be able to exist anymore in the City of Delray Beach because of the fact that they are in asingle-family residential neighborhood. Also, Ordinance No. 29-09 which prohibits transient residential uses in single-family addresses 100% of the problems that were issued on the June 2, 2009 meeting. Mr. Jan stated there were no complaints in that hearing with regard to having transient residential uses in residential medium density areas. He stated the data that the ordinance is based on is 2.87 which is the definition of family. Mr. Jahn stated the other group of data he collected is the data from the sober houses which is approximately 5. He stated if there are 3 or fewer individuals that includes 74% of the families in the definition, but it does exclude 93% of the transient residential uses; if there are 4 or fewer, it includes 95% of the family and still excludes 69% with regard to the definition of family; and, it excludes 100% of the transient uses in single family residences. In conclusion, Mr. Jahn stated 3 are not statistically significant but 4 or fewer in conjunction with the other ordinances does meet the goals of the City. In conclusion, Nlr. Jahn stated 3 single family works well in the western communities, the northern communities, and Lake Ida, etc. but does not work well downtown and recommended 4 for the downtown area. Mr. Jahn suggested that if the Commission is going to be inclusive of all the individual interest, family interest, and business interest as well as all the different diverse communities that are in the City of Delray Beach that number is going to be 4. 13 07/07/09 Michael Weiner, Attorney with Weiner & Aronson, P.A., 10 S.E. 1St Avenue, Delray Beach (representing Mr. Jahn and his sober living facility on S.W. lOt Street), stated there has been a long debate in the City of Delray Beach concerning the definition of family. In the early 1990's, there was a revision of the local ordinances and this was based upon the perception of ethnic neighborhoods. Mr. Weiner stated the definition of family from 1991 was a definition that was associated with the greatest rise in our neighborhoods that we have ever had in Delray Beach and that was the ordinance that allowed our neighborhoods to emerge from where they were in 1991 to where they are in the present. He stated even if the Commission just passes the ordinance on transient residential uses it is satisfactory. Mr. Weiner stated the rationale for initiating all this is a case called "Jeffrey O" and it says that a City can regulate and police powers but it provides no guidance on regulation. He stated what everyone should be following is the United States Supreme Court case of 1995 entitled the City of Edmonds v. Oxford House and it protected single family neighborhoods but acknowledged your responsibility to protect certain classes of individual citizens. Mr. Weiner stated the City should approve 3 in single family and 4 in multi-family. He stated if the Commission passes the ordinance the way it is now, the City will discriminate against those who are economically disadvantaged. If the City acknowledges the case law that they are going to make this difference between single family and multi-family and if they are going to avoid a bad planning decision, then the City should acknowledge the difference in the City's particular zoning districts. Mr. Weiner stated the definition of family should be at least 1 family member plus 4 unrelated persons citywide; and, if not, the City should make a distinction. Reverend Kathleen Gannon, St. Paul's Episcopal Church, 188 S. Swinton Avenue, Delray Beach and also a resident at 2014 Alta Meadows Lane, Delray Beach, read a statement into the record from Reverend William "Chip" H. Stokes. James K. Green, represents the Wellness Center, 222 Lakeview Avenue, West Palm Beach (Attorney for Jeffrey "O" and represented the American Civil Liberties Union (ACLC) in the case of Jeffrey "O" against the City of Boca Raton), stated they are against this ordinance because the reduction from 5 to 3 is unnecessary but it will violate the Americans with Disability Act (ADA) and the Fair Housing Amendments Act of 1988. Mr. Green stated mutual support of the proposed ordinance is critical to addiction recovery and an addict's and alcoholic's biggest enemy is being alone and is being around other people who are drinking or drugging. He stated the reason you need 4, 5, or sometimes 8 unrelated people living together committed to sobriety is that they will support each other. Mr. Green stated the more that live together the less likely it is that a person will be left alone and go back to drinking and drugging. Mr. Green made reference to a comment expressed by Judge Middlebrooks in the Jeffrey "O" case v. City of Boca Raton. He stated in the last whereas clause of the ordinance there is "nothing wrong with the number three that the City has chosen." was taken out of context. Mr. Green stated what Judge Middlebrooks actually ruled was that "while I find no legal problem with the cap of three (3) unrelated individuals per say, the limitation without any exception for handicapped individuals or an established reasonable accommodation procedure this number violates the Fair Housing Amendments Act." Mr. Green stated people who are in active recovery from drug or alcohol addiction are considered handicapped individuals within the protection of the Fair Housing Amendments Act (FHAA) and within the protection of Americans with Disability Act (ADA). Mr. Green stated from his client's perspective reducing it from 5 to 14 07/07/09 4 unrelated persons would not adversely affect their operation. However, if this ordinance were to be adopted then they would have no choice but to pursue administrative complaints with HUD, complaint with the Department of Justice, and the City would be jeopardizing the City's TARP money. Mr. Green urged the Commission to not pass this ordinance but if they do pass something to reduce the number from 5 unrelated persons to 4 unrelated persons. Daniel Murtaugh, 296 S.W. 29th Avenue, Delray Beach, opposed to the proposed ordinance to reduce the number of unrelated persons allowed in asingle-family home from 5 to 3. Although it applies to all types of residents, this would not be before the Commission if it were not for the concern expressed in some quarters about sober houses. Mr. Murtaugh stated there are two objections to the proposed change; first, its inclusiveness means that a common living arrangement for college students and a local industry of vacation rentals will be eliminated or severely encumbered. Furthermore, Mr. Murtaugh stated a temporary arrangement for the economically dislocated with be cut off just as its necessity is becoming most acute. He stated the target of the proposal is a particular group of sick people who are trying to get better and the proposal seeks to obscure this with its broad applicability because Federal law protects the rights of these sick people. Mr. Murtaugh stated there are those that complain that Delray Beach is becoming known as the sober house capital of the world but it is better known as an All America City and considers carefully the generosity of spirit that we associate with the phrase All America and set this ungenerous proposal aside. Jason Lazar, 215 N. Federal Hi~hway, Boca Raton (sueakin~ on behalf of Investments Limited a urouerty owner in Delray Beach), urged the Commission to look at the cost benefit analysis at passing this ordinance. Mr. Lazar stated Mr. Jahn has done a good job in looking at it from a statistical perspective in seeing that the passing of this ordinance from 5 to 3 will really not have the affect that's intended but also to look at it from a real life analysis. Mr. Lazar stated from a landowner's perspective it is a profit making endeavor but it is those profits that are put back into the community to develop and make the City a better place to live. He stated decreasing landowners' ability to get increased rental income will decrease their interest in providing for two and three bedroom apartment housing complexes. Mr. Lazar stated it would be appropriate to go from 4 in the medium density areas and 3 in the single-family density areas but a 4 person minimum is the way to go. Pat Archer, 380 Sherwood Forest Drive, Delray Beach (former City Commissioner and new Chair of the Drub Task Force), reiterated for the record that there are no halfway houses in Delray Beach operated in residential neighborhoods. Mrs. Archer stated a halfway house requires supervision and licensing; sober houses are unlicensed and unsupervised. She stated there is no treatment provided and a meeting does not constitute treatment. Mrs. Archer stated those located in single-family residential areas are high traffic businesses. Therefore, Mrs. Archer stated they do not meet the Delray Beach zoning requirements for residential areas if they are not owner occupied. The Delray Beach Drug Task Force supports the reduction of family to 4 rather than 3. Terry Lee Winters, 925 Kokomo Key Lane, Delray Beach, read a brief statement into the record and stated the proposed ordinances will place still more people out on our streets homeless and create more economic hardship in times where we can afford no more. 15 07/07/09 Ms. Winters stated better regulations can be adopted and put into practice and enforce regulations already in place. She stated if these proposed ordinances are directed at those people in recovery while paying rent and hopefully taking good care of the premises they are shouldering responsibility for themselves. Ms. Winters urged the Commission to implement kind and caring solutions while respecting and not invading the personal freedoms and quality of life of our neighbors. the ordinance. John Robertson, 600 Gardenia Terrace, Delray Beach, stated he is in favor of Lori Dykeman, 1120 Ocean Terrace, Delray Beach, stated she is a snowbird and as such would not want one of the sober house properties that were not well maintained by her property. Mrs. Dykeman stated she and her husband have worked very hard to have their dream vacation here and with the challenging economic times if they were to lose income from rental when they are not able to use the house they would not be able to keep the house. She stated the snowbirds help to keep Delray going and noted the summer months here are much different than the winter months. She stated if the City is going to reduce the number of places that they can come then everything will be hurting and there will be a trickle down affect. Ms. Dykeman urged the Commission to find another solution to the problem that they are trying to solve. Jana Costa, 707 Lake Avenue North, Delray Beach, stated she lives across the street from a halfway house and when she first moved in her yard was nothing but sand. She stated she had piles of dirt delivered and then there were piles of dirt for quite a while. Ms. Costa stated the guys in the halfway house came over and helped with her yard. She stated the halfway house is clean and has been painted. Ms. Costa stated these people are part of the community, they are good people, and are striving to get well. She stated she has no family and feels if she wants to live with more than 3 people who she considers being family to help her pay her bills then she should be allowed to do that. Ms. Costa stated if Delray Beach is the recovery capital of the world then it is the saving lives capital of the world. She stated these halfway houses are very important to people who are trying to recover and feels if we lose 68% of the halfway houses in Delray Beach it will be a big loss. Ms. Costa stated if this disease were talked about as a disease rather than a moral issue there would be a lot less relapse and a lot more people out there whose lives are being saved. She stated they spend money in this community and without the recovery houses that will be gone. Scott Thomukins, 257 N.E. 11th Street, Delray Beach (resident of Delray Beach since 2000), stated in his four bedroom house the City would be asking him to make one of those bedroom an office and not allow any of the people in his house to have any boyfriends or girlfriends as their partners in the room. Mr. Thompkins stated he is in favor of keeping the ordinance as it stands. He feels it should be made more economically feasible for people to work downtown in Delray and become a household owner in Delray Beach. Mr. Thompkins stated this is the All America City and feels we should give the American people a chance to live here. Tom Honker, 615 William Road, Delray Beach, stated his neighbor Doug Ayerst asked him to read a letter which he previously sent to the Commission regarding Mr. 16 07/07/09 Jahn's Statistical Analysis of Proposed Ordinance on Definition of Family Supplement dated May 16, 1009 and pointed out errors that render this document to be incorrect and misleading with respect to the numbers of unrelated individuals living in the same household. Michael Herwitz, 110 Kokomo Key Lane, Delray Beach, stated he came to Delray Beach five years ago to a treatment center that kicked him out into the streets of Delray Beach within two weeks of him being here. Mr. Herwitz stated he did not know what to do and went back to the treatment center that he got thrown out of a second time and he ended up in a halfway house. He stated after 14 months and following all the rules that were set forth by the property manager there he was able to integrate himself slowly back into society. Mr. Herwitz stated if he had not lived with one or two other people he never would have been able to afford living in Delray Beach. He stated had that happened he would have been in a shelter, in custody, or a burden on the taxpayers. Mr. Herwitz stated he is now a homeowner and a business owner. Pauline Moody, 609 S.W. 8th Avenue, Delray Beach, agrees with the proposed ordinance to reduce the number of people in these homes and stated a lot of false information has been presented. Joann Peart, 107 N.W. 9th Street, Delray Beach (Lake Ida Neighborhood), stated she has friends who live in the RM (Medium Density) zoning districts who really don't want the numbers to be different because they do not want the problems to go to their neighborhoods. Mrs. Peart asked why Delray Beach can't have an ordinance for three (3) unrelated people. She stated the City of Boca Raton has one as do many other cities as well as Indialantic has one for two (2) unrelated people. Mrs. Peart stated this is a "zoning free for all" and there are houses in Lake Ida that are rented to vacationers weekly and monthly and we also now have some disruptive sober houses that are really not sober houses at all but they hide behind a Federal law. She stated there were five college girls partying on Beverly Drive, a flop house in Tropic Isle, and a man complained at the first reading of this ordinance on June 2, 2009 and he clearly sounded as though he was running a boarding house. Mrs. Peart urged the Commission to give the City staff the tools they need to bring some law and order back to the neighborhoods and the families that live there and she urged the Commission to vote in favor of this ordinance. Deb Sullivan, 1002 Lake Shore Drive, Delray Beach, stated she is in favor of the proposed ordinance and feels that enforcement is another part of the solution. Harold Jonas, 297 N.E. 6th Avenue, Delray Beach (President of the South County Recovery Residence Association known as SCRRA), stated he spoke at the June 2, 2009 City Commission meeting urging the Commission to reconsider a final vote specifically a definition of family and again submits the same request. Mr. Jonas stated the negative impact for our community if this ordinance is passed as written will create severe hardship for the residents contributing in a positive way to enhancing their lives and in turn our city. He stated that the landlords and operators recognize and agree much work lies ahead to weed out unlawful, unscrupulous, and unethical business operators. He stated one of the current Commissioners spoke out and ran his campaign on cleaning up sober houses in Delray and feels these ordinances were written targeting the recovery housing population and operators that cater to them. In his 17 07/07/09 opinion, this is discriminatory and is subjecting recovering and non-recovering taxpayers to potential costly litigation. Mr. Jonas urged the Commission to table these ordinances in open workshops for all concerned to identify and implement governance that serves all. Elua~nier Hudson, 230 N.W. 2"a Avenue, Delray Beach (wife, mother, and co-Pastor of the Cathedral of Houe in the City of Delray Beach), stated she is opposed to the ordinance passing. Her ministry has had the privilege of serving the recovery community through their transitional house program and she has personally seen success stories within the community. Mrs. Hudson stated young men have gone on to the military and college. She stated Delray Beach lives up to its name by being the All America City that is inclusive, responsible, and humane. Mrs. Hudson stated where there are breaches of law there is also opportunity for abuse and inappropriate actions. John Crane, 217 Beverly Drive, Delray Beach (lived here since 1992), stated the problem with transient homes and five unrelated people are there are multiple people living there and each one can have their own vehicle and houses are not designed to have five vehicles parked in front of their homes at all times with their friends coming in at different hours. Mr. Crane stated these people are not connected to the neighborhoods with which they live in and that is part of what decays the value asingle-family neighborhood. He stated transient homes have leases that turnover frequently and they do not have enough time to belong and connect with that neighborhood. Mr. Crane stated he is not against people in recovery or people who need a place to live and there are places for these people to find legal homes in Delray Beach. He applauded the City for taking up this issue and following up on its target value for 2008/2009 fiscal year. Mr. Crane stated the recovery statistic that was pointed out in the earlier presentation showed an average of five people per recovery home and that means that 50% have more than five people and 50% less. He stated these things do decrease the value of the neighborhood and wants the value of his home and his neighborhood to stay at a high level. Todd Shumay, 519 Palm Trail, Delray Beach, applauded the City for all of the changes that have been made over the years. He stated it is in the best interest of the City to reduce the number of unrelated persons living together to 3 persons and join the neighboring cities like Boca Raton and follow suit with them. Philiu Cory, 80 Salina Avenue, Delray Beach, expressed concern that as a taxpayer how much of his money is the City going to spend. Mr. Cory stated if we look at the precedence of other cities before us they paid out a lot of money and if you divide that up between every taxpayer in the city he is curious to know what that figure is. He urged the Commission to not spend his money that way. Mr. Cory asked the Commission to review the Fair Housing Act (FHA) word for word. Kevin McNally, 624 Gardenia Terrace, Delray Beach, read a letter into the record that he had previously written to the City Commission. Mr. McNally stated his first-hand experience has shown that more than three (3) unrelated people living in a house in his neighborhood has had several negative results such as: (1) excessive noise from stereos, televisions, parties, and visitors, (2) excessive vehicle traffic at all hours of the day, (3) behavior that is not considerate of neighbors including but not limited to speeding vehicles and intoxicated 18 07/07/09 drivers that pose a threat to children, adults and pets walking and playing in their own yards, (4) inability of residents who do and who do not belong in a neighborhood as break-ins are becoming routine in their neighborhood. Mr. McNally urged the Commission to consider the safety, well-being, and property values of resident property owners more importantly than the convenience of tourists and profits of landlords that do not live in the neighborhood. He urged the Commission to vote for no more than three (3) unrelated people in asingle-family dwelling unit. Jennifer Cassidy, 710 Gardenia Terrace, Delray Beach, stated she lives around the corner from the sober house located on El Dorado Lane and 6t . Ms. Cassidy briefly discussed a few incidences that have occurred and the comings and goings between 10:00 p.m. and 12:00 midnight and later are questionable and not something that normally happens on Gardenia Terrace or El Dorado Lane. She stated she does not feel it is the City's responsibility or the neighborhoods' responsibility to provide for these sober houses and urged the Commission to vote for no more than three (3) unrelated people in asingle-family dwelling unit. Mike Estrada, 2101 N.W. 3ra Avenue, Delray Beach (Lake Ida Neighborhood), stated one of things that appealed to him about this community is that there seemed to be a spirit of collaboration in the community between the businesses, the private sector and the government. Mr. Estrada stated he believes this is what lead to the All America City designation and is something to be proud o£ He stated the City is facing some unprecedented economic challenges right now and there is a lot of temptation to make short-term decisions that are not in the best interest of the long-term growth of the community. He stated the one of the backbones of the community is the homeowner and in particular the neighborhood community of people who ban together and look after one another. Mr. Estrada urged the Commission to support no more than three (3) unrelated people in asingle-family dwelling unit because it is in the long-term interest of the community and that collaborative spirit is one of the reasons he bought in Delray Beach. Kim Morrison, 214 Beverly Drive, Delray Beach (has lived here for 23 nears and also owns a rental urouerty for the same number of years), stated she follows all the laws and tries to adhere to being friendly. Ms. Morrison stated they always have parties on the street and try to include everybody as well as the sober house next door to her home. She stated the opening of the sober house was a big concern to her and her neighbors but she was willing to see how it would go. Ms. Morrison stated they did a news article on Channel 5 and they quoted a previous neighbor that she has never heard of that they were an asset to the community and also stated that there were 14 in the home. Ms. Morrison stated this is a 2-bedroom duplex side- by-side. She inquired how the City proposes to enforce three if the City cannot enforce the five. Ms. Morrison stated the sober house has had 20 cars at a time in the driveway, beeping horns, loud music, and she counted 30 door slams in an hour. She stated they cannot live in their homes in peace. Ms. Morrison urged the Commission to pass this ordinance but at the same time they need to enforce it. Dr. Victor Kirson, President of the Board of Directors of Tierra Verde at Delray Beach (they have 300 residential units), stated after the June 2, 2009 meeting he spoke to all his residents informing them that something is going to be done about their problem. Dr. 19 07/07/09 Kirson stated he called Frank Harrison, President of the Board of Directors of the Delray Racquet Club, and he has 460 units and he was quite happy and started speaking to everyone. Dr. Kirson stated then he started receiving rumors that something may change and they are not happy about that. Dr. Kirson stated there are six people living in a 3-bedroom townhouse and the landlord is getting $175.00 a week but he gets the calls about all the incidences happening at the pool. He stated he cannot bring his children to the pool because these individuals (not unit owners) are drunk in the pool and making out with their girlfriends. Christie Mularz, 9 N.W. 9th Street, Delray Beach, stated people are running businesses out of single-family residential neighborhoods and something needs to be done about it. Gary Wolf, had lived in Osceola Park for auuroximately 20 years, stated Osceola Park has become a slum/hoteUhospital and discussed the drug usage in the neighborhood. Carolyn Zimmerman, 212 S.W. 2na Avenue, Delrav Beach, stated the reason we currently have 5 is because of the Haitians and noted she represented the Haitians and the City got the ACLU to change it to 5. Miss Zimmerman stated there were so many immigrants there that people were complaining about it. She suggested that the City enforce the Codes that they have. Miss Zimmerman stated she has no objection to people coming here to get well but asked the Commission to let the community get involved. She stated if the Commission does not have the entire city behind them nothing is going to change and more people will be complaining and nothing being done about it. Michael Dixon, 611 El Dorado Lane, Delrav Beach (Lake Ida Neighborhood), stated when he was asked where he wanted to live by a realtor he stated he did not want to be near any supermarkets, no churches, no schools or hotels. Mr. Dixon stated he looks across the street and in his opinion there is a boarding house and his property value has gone down. He stated his neighbors are complaining but he personally does not have any problems with the house because they entertain in the back but the people who are living behind them say that there is a lot of profanity and it is a big problem. Mr. Dixon stated 4 for people who are running recovery houses 2 people in each bedroom and two baths makes a sensible idea if these sober houses are going to be in business. However, Mr. Dixon stated he does not want them in business in an R-1 residential area and that is where he lives and that is what he paid for. James Quillian, lives in Osceola Park Neighborhood, stated he is not against sober houses and noted that some of his best friends are rehabbers but has a problem with transient houses where multiple people live in these houses. Mr. Quillian stated he knows of some houses that have more than 15 people living in a house where they are collecting over $150.00 per person. He stated he does not believe these people are paying their fair share of taxes and some of these people that have transient houses claim homestead exemption on these houses. Mr. Quillian stated there is a problem with transient houses and they need the City to help them fix these problems. He stated not only does he pay taxes but he votes in every City election. Mr. Quillian this ordinance is good for the City as a whole and stated we need this ordinance. 20 07/07/09 Elaine "Lanie" Lewis, 1098 Hibiscus Lane, Delray Beach (Treasurer of the Lake Ida Homeowners' Association), stated she has lived in her house for 31 years and she is about three houses away from a sober house. Ms. Louis stated she and her dog have almost been hit three times and there is traffic going crazy. In addition, Ms. Louis stated people are walking around like zombies all day and nobody knows if they belong in the neighborhood or belong in the sober house. She urged the Commission to vote for three (3) unrelated people living in a house. Alice Finst, 707 Place Tavant, Delray Beach (representing the Homeowners' League of Chatelaine), stated Chatelaine is asingle-family area zoned R-1-AB and designed as a single family neighborhood. Mrs. Finst stated the streets are narrow and they have just acquired sidewalks and swales. She urged the Commission to look at this ordinance as a safety issue because in Chatelaine three cars barely fit in driveways and five cars do not fit in the driveways and cars are parked on sidewalks, swales, and in the street making it dangerous for walkers, drivers, bicyclists, and children. Mrs. Finst stated 3 is enough and feels this is a safety issue. Don Thorp, 901 S.E. 4th Avenue, Delray Beach, stated it appears that there are enough rental properties in this town that two people can go out and rent a place. Mr. Thorp stated if they are paying $800.00 a month for a bed in one place; two people can get together for $600.00 a month and rent a place for $1,200.00 a month. He stated they have the meetings 24 hours a day seven days a week and if they need support they can call Mr. Thorp urged these people to rent these places that are already vacant. Mark Scolese, 801 Andrews Avenue, Delrav Beach (upscale halfway house), stated he is a member of SCRRA (South County Recovery Residence Association) and they meet monthly and sometimes more to discuss what is going on in Delray Beach and what it takes to run a halfway house. He stated he has been in this for three years and deals with a lot of young men. He stated although every single man that ever came through his way has not always remained sober, his statistics are a lot better than they are worse. The turnover is far greater to the positive of the people being in the commitment that they are in for as long as it takes (six months or a year). He stated SCRRA has taught him how to handle situations and SCRRA's goal is to run productive recovery houses in Delray Beach. Al Jacquet, 236 S.E. 3ra Avenue, Delrav Beach, stated this could become a Federal case with equal protection under ADA and under the Fair Housing Act as well Mr. Jacquet stated the reason the court struck down so hard in the Jeffrey "O" case was because it was quite clear what they were trying to do and who they were targeting. He stated everyone knows we are talking about sober houses although staff has tried their best to draft their legislations to not target sober homes or treatment facilities but to target transient housing which is a turnover of six or more over the year. Mr. Jacquet stated if we have an enforcement issue then no legislation they pass can be as effective or successful if we are not in the habit of enforcing the legislation that we do have. 21 07/07/09 Neal O'Donnell, 520 N.W. 8th Avenue, Delray Beach, stated he had to leave Delray Beach for a year and rent his house and has to now live in his home. He stated he never considered renting to anybody but a single family. Mr. O'Donnell stated when you are in a community you want to protect the community and noted that Mr. Scolese is running a business and that is not want people want in single-family residences. Mr. O'Donnell stated we don't need business in single-family neighborhoods and is in favor of 3 is enough. There being no one else from the public who wished to address the Commission on Ordinance No. 27-09, the public hearing was closed. Mr. Eliopoulos thanked everyone for coming tonight and stated it shows how citizens are committed to Delray Beach. He stated it comes down to design and what is appropriate. Mr. Eliopoulos stated as the law currently states you can have 5 unrelated people with a reasonable accommodation for 6 and what is being discussed is 3 with a reasonable accommodation to 4. Mr. Eliopoulos stated speaking as an architect when there are multiple people living together it is not safe because it is not designed for this amount of people. He stated there are two things with Fair Housing; reasonable accommodation and reasonable modification. He stated staff has done a good job looking at this. Mr. Eliopoulos stated they are not putting limitations on family members but they are putting limitations on unrelated people with reasonable accommodations. Therefore, Mr. Eliopoulos stated he supports the ordinance with 3 with a reasonable accommodation to 4. Mr. Fetzer stated he appreciates from hearing from the public and feels there was good input from both sides of the issue. He stated staff has been working on this for a long time and has been concerned about the stability of our single-family residential neighborhoods. Mr. Fetzer stated 3 is a reasonable number in our residential areas and to be non-discriminatory this has to be applied across the board to all zoning locations. Therefore, Mr. Fetzer supports the 3 and feels this will help to bring more stability to the residential areas. Mr. Frankel stated he is the person who ran his campaign on this issue because this was the number one issue brought to his attention. He stated opponents of this ordinance talk about how it will affect them and argue that this ordinance will discriminate. However, Mr. Frankel stated they ignore the effect they have on others and their neighbors in single-family neighborhoods and the effect they have with a large number of unrelated people on our police, fire, EMT, children, and other residents. Mr. Frankel commented about the quote that Mr. Jahn gave to the Palm Beach Post. He commended the City Attorney's office for all their hard work with drafting the ordinance. Mr. Frankel stated 3 is a decent number and does not find anything discriminatory in limiting it to 3 and noted that there is no ban on transient rentals and the ordinance does not eliminate any of the facilities. Mr. Frankel stated he does not feel that enforcement is going to be an issue especially with community policing and with some of the neighbors who are willing to help. He stated if you limit the transient rentals to 3 it may be less profit but you are not putting anyone out of business. Mr. Frankel stated the totality of the residents in Delray want stability in their neighborhoods and the ordinance as presented does this. Therefore, Mr. Frankel stated he supports the ordinance. Mr. Bernard stated at the June 2, 2009 meeting he wanted to have 4 but since he 22 07/07/09 has had the opportunity to listen to everyone who spoke this evening and the opportunity to go back and take a look at the Jeffrey "O" case. He stated our goals for 2013 states that we need to have quality neighborhoods where people want to live and our single-family neighborhoods cannot be used as a business area. Therefore, Mr. Bernard stated he supports reducing this to 3 unrelated people because we need quality neighborhoods where people need to live. Mayor McDuffie thanked everyone from the public for coming out to speak this evening. He stated this ordinance is not about people with addiction problems. Mayor McDuffie stated the ordinance is about unscrupulous landlords in any area of the city in asingle-family zoning area for any particular reason. He stated there are facilities within the City of Delray Beach that are to be admired for taking people with problems and helping them solve those problems and putting them on the street as productive adults and those are not the people that we are talking about in the ordinances we have drafted over the last two years. Mayor McDuffie along with Commissioner Bernard in listening to the Drug Task Force was leaning toward 4 people making provision for those landlords who do the seasonal rentals and being able to accommodate two couples in a rental any place in the City of Delray Beach. Mayor McDuffie reiterated that recovering addicts are welcome in the City of Delray Beach and are pleased and proud when they get through treatment and become contributing adults, taxpayers, and homeowners in the City of Delray Beach. However, he stated we cannot tolerate unscrupulous and profit mongering landlords who not only abuse our system in the City of Delray Beach but they abuse the very people that are living in the homes. Mayor McDuffie stated their quality of life if there are 15 people in the home with you cannot be good under any circumstances. Mayor McDuffie wants to make certain that this not about recovering addicts but is about unscrupulous landlords and supports the ordinance as written. Mr. Fetzer moved to adopt Ordinance No. 27-09 on Second and FINAL Reading, seconded by Mr. Bernard. 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. 10.B. ORDINANCE NO. 28-09 (SECOND READING/SECOND PUBLIC HEARING): Consider acity-initiated amendment to the Land Development Regulations (LDR), Section 4.3.3, "Special Requirements for Specific Uses", Subsection (~, "Community Residential Homes and Group Homes", to update the section to comport with changes in State Law. 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 (~, "COMMUNITY RESIDENTIAL HOMES AND GROUP HOMES"; TO UPDATE THE SECTION TO COMPORT WITH CHANGES IN STATE LAW; PROVIDING A SAVING 23 07/07/09 CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTNE 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. Paul Dorling, Director of Planning and Zoning, stated this is aCity-initiated amendment that will update various State Statutory and State licensing agency references in the LDRs. It is administrative in nature and updates the LDRs to be consistent with the State law. Mr. Dorling stated it adds the term License Service Providers by replacing current terms of convalescent homes, homes for the aged, and alcohol and drug treatment facilities. He stated both the terms Community Residential Homes and Group Homes are expanded to include specific reference to the Department of Elderly Affairs and Agency for Persons with Disabilities, the Department of Juvenile Justice and a dwelling unit licensed by the Agency for Health Care Administration. At its meeting of May 18, 2009, the Planning and Zoning Board considered this ordinance and recommended approval on a 5 to 0 vote. Mayor McDuffie declared the public hearing open. Kathleen Gannon, 188 South Swinton Avenue, Delray Beach (sueakin~ as a Priest from St. Paul's Euiscoual Church and as a resident of the City of Delray Beach), stated she is disappointed in the actions and the conversations that happened here tonight. Ms. Gannon stated we have placed in this city a group of people who are greatly at risk at the center of this issue. She stated her heart breaks for the people in this town whose homes are disrupted and this is not right. Ms. Gannon expressed concern over the enforcement of this issue and stated now that the Commission has passed this if we as a city has not been able to enforce the safety in our community now where is it going to come from. She stated as the Co-President of the Delray Beach Interfaith Clergy Association they have had extensive conversations at their meetings and they stand with people in trying to address the issues of sober living in this community. Ms. Gannon stated they can make it a safe place without the kinds of ordinances that the city has had. She suggested that we talk to each other about these issues (i.e. like the study circles on R.A.C.E. relations) and learn the ways that we can speak about it so that we do not have problems but that we honor the people who live here. Pe~~y Eagles, 321 Beverly Drive, Delray Beach, stated she agrees that this is not just a sober issue and explained they live on the street that had the college students (six) along with their six boyfriends. Ms. Eagles stated Friday and Saturday nights there would be 30 and 40 cars on her street because of the parties that would go on and noted they called the Police Department on numerous occasions. She stated it is really not a sober issue but it is the amount of people issue. 24 07/07/09 There being no one else from the public who wished to address the Commission regarding Ordinance No. 28-09, the public hearing was closed. Terrill Pyburn, Assistant City Attorney, stated she would like to clarify for the public's benefit that this is to update the City's Community Residential and Group Home ordinance in order to make it comport with State law. Mr. Bernard moved to adopt Ordinance No. 28-09 on Second and FINAL Reading, seconded by Mr. Frankel. 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.C. ORDINANCE NO. 29-09 (SECOND READING/SECOND 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". 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, WAVERS, AND PENALTIES FOR SAME; AMENDING SECTION 4.4.6, "MEDNM 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 EFFECTNE DATE. (The official copy of Ordinance No. 29-09 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. 25 07/07/09 Paul Dorling, Director of Planning and Zoning, stated this is to identify that Transient Residential Uses will be prohibited in Single Family and Planned Residential Development zoning districts and will be added as a permitted use in the Medium Density Residential (RM) districts. Mr. Dorling stated the ordinance also indicates that if you have an undo economic hardship it can be addressed through a waiver provision pursuant to LDR Section 2.4.7(B) or through the request for reasonable accommodations through LDR Section 2.4.7(G). He stated if a home leases, rents, sub-leases asingle-family dwelling for more than six times a year it would be in violation of this ordinance. Therefore, it would be a transient residential use which would not be allowed pursuant to this ordinance. At its meeting of May 18, 2009, the Planning and Zoning Board considered the text amendment and recommended denial with a 5 to 0 vote (Glickstein and Dowd absent). Mr. Dorling stated there was particular discussion about the impact of this ordinance on seasonal rentals having an effect on not being able to lease or rent in a single- family neighborhood. He stated it does and that is the intent of this ordinance. Staff recommends approval. Mayor McDuffie declared the public hearing open. David Hawke, 121 Heather Lane, Delray Beach (Chair of the Code Enforcement Board), stated Code inspectors are not allowed to go into units and noted that the Code Enforcement Board has had a number of cases where duplexes have become tri-plexes and duplexes that have become quadplexes. Mr. Hawke stated the inspectors are not allowed in to determine the number of occupants unless they are invited by one of the persons renting the unit. He stated they do charge the annual fee to landlords that rent out the units but at this time they have no restrictions on the number of times they rent it out or the number of people. Mr. Hawke stated that the Community Improvement Director would have to work in hand on how to get access or how to determine the actual number of occupants and the length of time for those occupants. Matthew Hartley, 2522 Ella Street, Delray Beach (President of the Woods of Southrid~e), stated he has sober homes in his neighborhood and they advertise weekly rentals. Mr. Hartley stated he supports everything the Commission is doing and thanked them for their efforts. Kim Morrison, 214 Beverly Drive, Delray Beach, stated they do have rentals in their community and they were given notice that they had to allow Code Enforcement inspectors into their rental units to access the unit for safety, cleanliness, exit signs, fire extinguishers, etc. Ms. Morrison stated they had to let the inspectors into their home or they would have been fined. She stated when you sign up to be a landlord and pay for the landlord permit they know who you are, they know who they owners are, and they know how to access the units. Ms. Morrison stated it may be a little difficult for them to get an actual count of how many people are living there. She stated it was not just the sober house that was a problem but there were a bunch of girls living together that would party regularly on their street and throw their boxes of beer 26 07/07/09 bottles in everybody's yards and tear up people's yards. Ms. Morrison stated that Code Enforcement is allowed in the houses and they do know who the owners are. Al Jacquet, 236 S.E. 3ra Avenue, Delrav Beach, stated the transient homes are already permitted in the RM (Medium Density Residential) districts and are currently allowed in the single-family districts so what the City is proposing is prohibiting them in the single-family district and allowing them to continue in the RM districts. Mr. Jacquet feels this will create an influx of transient homes and transient housing within the RM districts. He asked where the RM districts are located and who lives there. Mr. Jacquet stated this will better the neighborhoods in the single-family neighborhood but it is probably going to increase a problem in the RM districts for them. He thanked the Commission for tackling these ordinances. Claudia Willis, 160 Marine Way, Delrav Beach, stated she lives and also owns two rental properties in the RM (Medium Density Residential) zoning district. Ms. Willis stated they already have their share of sober houses and the problems that come with it and expressed concern about not only getting an influx of sober houses but also about enforcement of them. She urged the Commission to Workshop this issue and see how the City is going to enforce these. Ms. Willis stated the entire City is going to move these sober houses from one neighborhood to another and expressed concern over the loss of rights for the people in the single-family district. She stated historically the entire beach was rentals and these people will lose the right to do that not because of anything they have ever done wrong but because other people are breaking the rules. Shannon Dawson, 527 North Swinton Avenue, Delrav Beach (serves on the Code Enforcement Board), concurs with comments expressed by Mrs. Willis and if the Commission passes this ordinance they will be bestowing a huge burden on the property rights of every single homeowner in Delray Beach. Ms. Dawson stated she commends the Commission on their previous decision as it relates to family and believes that this combats the entire problem that we are looking at in terms of sober houses and the problems that are being caused in single- family neighborhoods. Ms. Dawson stated she owns a business called "Destinations" and she helps people integrate into this City as one family and if there are additional members it would be a caregiver. She stated they come to Delray Beach to integrate into the community and if the City were to narrow down the changeover of rentals to six (6) times a year it will hurt economically the property owners and destroy a good chunk of our tourism. Ms. Dawson urged the Commission to reconsider this ordinance. Joann Peart, 107 N.W. 9th Street, Delrav Beach, stated David Henninger informed her that Indialantic (small town near Melbourne) has two (2) unrelated persons and a tourist zone that runs along the beach which allows for tourist rentals. Mrs. Peart suggested that the Commission could work with the Beach Property Owners Association (BPOA) at a later time if three (3) unrelated persons becomes a problem. She supports the ordinance and urged the Commission to approve it. Marv Reanault, 1017 Bucida Road, Delrav Beach (Realtor), stated she has been renting to people for ten (10) years either seasonally or annually so twice is enough. She stated the BPOA supports the Commission. 27 07/07/09 There being no one else from the public who wished to address the Commission regarding Ordinance No. 29-9, the public hearing was closed. Mr. Eliopoulos stated this is all about zoning and he does not believe that transient rental use is appropriate in single-family zoning. He stated he did support the six (6) months because he felt as a seasonal rental community there are at least six (6) months that are their high priority months (November-April). Mr. Eliopoulos stated the way this is written staff is providing reasonable accommodations and/or options for waivers and noted that there are things that are put in this ordinance to work with the citizens of Delray Beach. Mr. Frankel concurs with comments expressed by Commissioner Eliopoulos; however, although he feels that four (4) times is enough but he will support the six (6). Mr. Bernard asked if there is a way to include the ordinances in the landlord application. He expressed concern that when the landlords come to the City to apply for a permit for them to know that you only can have three (3) unrelated individuals in the home and that way it is spelled out. Terrill Pyburn, Assistant City Attorney, stated under the next ordinance that is proposed to come before the Commission that is proposed to be added into the landlord permit application that the landlord prove that no more than three (3) unrelated persons shall reside in the unit as defined in Appendix "A" of the LDRs. Mayor McDuffie asked if the ordinance addresses turnover. Ms. Pyburn stated the ordinance does address this issue and also suggests that if you are a transient rental you also have to apply for an occupational business license as well. Mr. Eliopoulos moved to adopt Ordinance No. 29-09 on Second and FINAL Reading, 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.D. ORDINANCE NO. 30-09 (SECOND READING/SECOND PUBLIC HEARING): 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. The caption of Ordinance No. 30-09 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY 28 07/07/09 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, "APEALS", 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 EFFECTNE 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 is aCity-initiated amendment to the City's Code of Ordinances to amend certain sections of the landlord permits. Mr. Dorling stated this provides for applications to be approved by the Community Improvement Director and that the applicant must show that no more than three (3) unrelated persons reside in the leased unit, they must submit an annual permit fee of $50.00 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, provide local business tax receipt and obtain rentals and subleases if you rent more than six (6) times a year. He stated it also provides for a copy of Chapter 83, Florida Statutes, as it relates to evictions and it requires that if you are exempt from that you provide 48 hour notice of eviction in writing to the tenant and provide that tenant an alternate temporary dwelling unit for 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, the Board requested that LDR Section 117.03(A)(4) and LDR Section 117.03(A)(8) be stricken and these sections relate to the definition of family and transient residential uses and suggested that the annual permit fee of $50.00 be increased with the final fee to be determined at the Commission's discretion. Mayor McDuffie declared the public hearing open. 29 07/07/09 Pat Archer, 380 Sherwood Forest Drive, Delray Beach, stated she hopes that this ordinance will provide the City with some ability to enforce the other ordinances particularly as it applies to landlord rentals. Mrs. Archer stated enforcement has been the biggest issue that the City has had to deal with. She asked if it is possible for the City under this ordinance to revoke a rental permit Mrs. Archer stated the ordinance also states "to provide for inspection with a warrant" and she would hope that with enough complaints that there would be the ability to enter a premise to find out what is going on. She stated a Code Enforcement Officer may come by a neighborhood where there are 6, 7, or 8 people living and provides a notice. Mrs. Archer stated many of those people work during the day and come 6:00, 7:00, 8:00 p.m. or even 10:00 p.m., the cars start filling up in the neighborhood. She requested that the City send a Code Enforcement officer there between 8:00-9:00 p.m. they will see that there are a lot more cars in that neighborhood. Mrs. Archer expressed concern over homestead fraud and suggested that the homestead fraud telephone number be placed in the City's newsletter and on the City's website so that it is easily accessible. She also suggested that the City work with the County to get a monthly report on those reports that have been given to the County about homestead fraud use. Carolyn Zimmerman, 212 S.W. 2na Avenue, Delray Beach, stated the City needs to either hire more people or ask citizens to come forth and help Code Enforcement. Miss Zimmerman stated she knows that these are crack houses and not sober houses because it comes back and forth every day. She stated there must be a better way to go and look at the properties that do have these permits or don't have these permits and ask for help from the citizens. Kim Morrison, 214 Beverly Drive, Delray Beach, stated the ordinance states that they have 12 months or the end of their lease to comply and asked whose lease the City is referring to and who will this actually affect. Mayor McDuffie stated this is a great question for the City Attorney to give Ms. Morrison the interpretation of the ordinance and explained that with some rental properties typically there is no instrument between the owner and the renter (i.e. lease document). Matthew Hartley, 2522 Ella Street, Delray Beach (President of the Woods of Southrid~e), expressed concern over the enforcement issue and stated if the City did come up with a Code Enforcement Volunteer effort he will be the first to join and would be happy to be involved in it. Mr. Hartley stated he would like to explore this with Jennifer Costello, Neighborhood Planner and Lula Butler, Director of Community Improvement. 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. Dorling stated regarding the question about whether permits could be denied landlord permits can 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, and the applicant's permit has been revoked in the last 12 months. Therefore, Mr. Dorling stated there is an ability to deny the landlord permits. 30 07/07/09 The City Manager stated there is also a provision for revoking permits for violation of City ordinances. Terrill Pyburn, Assistant City Attorney stated the provision with regards to the revocation provides that if you have more than three code violations in a year you can have your landlord permit revoked for 12 months and cannot reapply. Ms. Pyburn stated with regards to access to the property staff can inspect with warrants; however, these warrants cost money and you have to have probable cause and this would have to be looked at as a case-by-case basis. She stated with regards to Ms. Morrison's concern pertaining to the leases, the ordinances provide that they would take effect immediately; however, you have 12 months or the expiration of the current existing lease whichever comes first. Ms. Pyburn stated if there is not an existing lease that is documentable or the City cannot prove it then they would go with the 12 month period from the effective date of the ordinance whether the lease is month-to-month, verbal or written. Mr. Bernard stated if someone has committed homestead fraud can this be added to the ordinance as Section 117.04(A)(6). Mr. Shutt stated he would feel better if we referred to the County ordinance because there are certain County ordinances that cover the City. Mayor McDuffie stated he believes that this would be regulated by the State Legislation. Ms. Pyburn stated staff can revise Section 117.04(B)(1) to state ".....state landlord/tenant laws...." of the ordinance to say "state laws". Mr. Eliopoulos moved to adopt Ordinance No. 30-09 on Second and FINAL Reading with the revision to LDR Section 117.04(B)(1) deleting "state landlord/tenant laws" to "state law", 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. 11.A. City Manager's resuonse to urior uublic comments and inquiries. The City Manager had no response to prior public comments and inquiries. 11. From the Public. None. At this point, the time being 9:34 p.m., the Commission moved to Item 12, First Readings. 12. FIRST READINGS: 12.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. 31 07/07/09 The caption of Ordinance No. 37-09 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, 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 MUNICIl'AL BEACH; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTNE DATE. (The official copy of Ordinance No. 37-09 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. Terrill Pyburn, Assistant City Attorney, stated she is present for any questions the Commission may have. Mr. Eliopoulos briefly discussed the language in Section 1(D) "All accidental shark catches must be cut loose. No landing or reeling in of sharks shall be allowed on the municipal beach." Mr. Eliopoulos expressed concern that this language be rephrased because if you catch a shark you would have to reel them in and bring them up on the beach and take the hook out and release them. Ms. Pyburn stated staff will leave in the sentence that reads "All accidental shark catches must be cut loose and eliminate the sentence that reads "No landing or reeling in of sharks shall be allowed on the municipal beach." Mr. Fetzer moved to approve Ordinance No. 37-09 on FIRST Reading, 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. At this point, the time being 7:00 p.m., the Commission moved to the duly advertised Public Hearings portion of the Agenda. 9.F. FISCAL YEAR 2009-2010 BUDGET DEVELOPMENT STATUS REPORT: The City Manager stated this is looking at the City's budget and noted after his first round of cuts he will go through and make the second round of cuts before bringing it to the Commission. At this point, the City Manager stated the City is looking at a 1 % increase over mid-year and mid-year was a reduction from the beginning of the year budget. He stated in order to keep the current millage the City would be over $10 million short on revenues. The City Manager stated if the City Commission chose to go with the full rollback rate the City would still be short revenues over $3.5 million. He stated there are things that cannot be cut such as pension costs which are roughly $10 million and the bulk of the transfers are to the CRA. The City Manager stated staff could eliminate all Capital Improvements and that would get the transfers down to $10 million. Also, he stated there other costs such as debt service that cannot be cut either. The City Manager stated out of the $100 million $25 million of it are things that cannot 32 07/07/09 be cut so the remaining amount that you need to cut whether it is $3.5 million or $10 million has to come out of the $75 million. The City Manager stated one of the things that staff plans to do is to rank all the functions in the various departments and staff will bring that ranking to the Commission and that will help staff in making some recommendations. He stated all the departments have presented their recommendations on how they would cut their budgets by ten percent (10%). The City Manager stated staff is trying to bring the Commission a menu of options for how they might balance the budget at various levels. He stated if there is an unadjusted calculation of the rollback millage it is at 7.383. The City Manager stated he previously sent the Commission a figure of 7.4644 and that is the adjusted millage which means it takes into account the fact that we did not levy the full millage that we could have levied last year and it allows you to levy that additional millage this year which gets you up to 7.46. The City Manager stated there is also a State personal income growth that you are allowed to increase your millage by and if the Commission does this it would bring the millage to 7.65. Therefore, the City Manager stated the maximum millage the City can levy with a simple majority vote is 7.6510 and the difference between the 7.38 and the 7.65 is $1.8 million in additional revenue. The City Manager stated he wanted to outline in a public meeting the magnitude and the challenge the City faces in trying to develop its budget. 9.G. DESIGNATION OF VOTING DELEGATE: Designate the voting delegate to the Florida League of Cities' 83r Annual Conference to be held at the Marriott World Center in Orlando, Florida on August 13-15, 2009. The City Manager stated the City Commission needs to appoint a voting delegate to the Florida League of Cities' 83rd Annual Conference. He stated Commissioner Frankel has expressed interest in going and being the delegate. Mr. Eliopoulos and Mr. Bernard stated they both support Commissioner Frankel for voting delegate to the Florida League of Cities' 83rd Annual Conference. Mr. Fetzer moved to appoint Commissioner Frankel as the City's voting delegate to the Florida League of Cities' 83rd Annual Conference to beheld, 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. 9.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. Brian Shutt, City Attorney, stated this is an agreement with IMG to allow them to have the exclusive right to sell the six (6) sponsorships that we have from the ATP World Tour event as well as the ATP Champions Tour. Mr. Shutt stated at the last Commission meeting the Commission approved an amendment to the Match Point Agreement that provided for the ATP Champions Tour Event with the condition upon the Commission approving an agreement with IMG prior to July 31, 2009. He stated the agreement provides fora 20% commission on the naming rights or the sponsorship sales and three (3) year exclusivity for the right to market that. 33 07/07/09 Mr. Eliopoulos asked when the two events will take place. The City Manager stated the ATP World Tour event and the ATP Champions Tour event will overlap. Mr. Eliopoulos expressed concern whether or not Delray Beach can handle these two events with regards to staffing. The City Manager stated the City will basically keep the same staffing level the whole time and he does not foresee this increasing the City's staffing burden. Mayor McDuffie stated after the agreement with IMG has terminated but within 12 months of such termination IMG shall be entitled to the 20% commission. Mr. Shutt stated the City has had this same time period in prior naming rights agreements. Mayor McDuffie stated it's essential if IMG brings the purchaser to the table then they benefit from that. Mr. Bernard moved to approve the Agreement between IMG Worldwide, Inc. and the City of Delray Beach for the sale of sponsorships for two (2) Match Point events and the sale of the naming rights for the Tennis Center, seconded by Mr. Frankel. 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. 9.I. SPECIAL EVENT REQUEST/6TH ANNUAL FAMILY FUN DAY AT POMPEY PARK: Consider approval of a special event request for the 6t 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. Doug Smith, Assistant City Manager, stated this item is a request for the 6tn 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 4:00-11:00 p.m. The 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. Mr. Smith stated the event will include a talent show, food and non-food vendors, entertainment, games and motivational speakers. Parks and Recreation staff will be responsible for overall event management, vendor approval and other site management tasks. The estimated costs for the event are $7,200.00 and since this is a City sponsored event there are no charges for City services or equipment although the City would be providing our staff and any related overtime would apply. Mr. Smith stated this has been a one day event in the past and was budgeted for one day which is about half 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 with hours of 4:00 p.m. to 9:00 p.m. on Saturday, July 25, 2009, Parks and Recreation has requested an ending time of 10:00 p.m. David Ricks, Recreation Suuervisor I/Parks and Recreation Deuartment, stated the event has been held for the last six (6) years and for the past three (3) years the event has been running from 4:00 p.m. until 11:00 p.m. Mr. Ricks stated families come out to the event after 5:00 p.m. when the sun is starting to go down. He stated with regard to the parking 34 07/07/09 they utilize Spady Elementary School parking and they barricade N.W. 10th Street from 2na to 3ra to eliminate any backlog of cars so they have a pretty good flow of traffic around the site. Mr. Ricks stated there have been no major issues in the past and they would love to continue to operate this event. Mayor McDuffie stated the Commission has agreed to open this item up to the public. At this point, Mayor McDuffie declared the public hearing open. Rhonda Miller, 117 N.W. 11th Avenue, Delray Beach, asked why the time of this event is being restricted. She understands that is a residential neighborhood but it is for the residents of that neighborhood and the surrounding neighborhoods. Ms. Miller stated to hold the even from 4:00 p.m. - 9:00 p.m. is not long enough because the talent show alone will take at least 1 ~/z hours and there will be vendors, etc at the event as well. She stated people are trying to represent something positive for the community and to create a positive environment. Elizabeth Taylor, 106 S.W. 6th Avenue, Delray Beach, thanked the Commission for considering the Family Fun Day at Pompey Park. She stated she is a parent of one of the children who will be showcasing their talents on this day and she urged that the Commission extend the timeframe until 11:00 p.m. Ms. Taylor stated it will be hard for those parents who do not get off work until 5:00 p.m. to come see their children. She stated it is hard for a vendor to make any profit and the money that will be made in the park will go to Pompey Park. Ms. Taylor urged the Commission to extend the hours of the Annual Family Fun Day from 4:00 p.m. to 11:00 p.m. versus 4:00 p.m. to 9:00 p.m. Julie Pierre, 835 S.E. 3ra Avenue, Delray Beach, stated she is one of the parents of one of the talented kids that will be showing their talent on Saturday, July 25, 2009 and she does not feel that 9:00 p.m. is enough time for the children to be able to show their talent and be able to enjoy the day. Ms. Pierre expressed concern that the time should not be restricted for the event and stated that the vendors make profit for the recreation center which is good for the children. Chuck Ridley, 210 N.W. 2na Avenue, Delray Beach, stated they agree with the event being held for one day; however, he urged the Commission to extend the event past 9:00 p.m. Mr. Ridley asked the Commission to check their records to see if there is anything that substantiates that the residents in that neighborhood are complaining about Family Fun Day having a negative impact on the neighborhood. He stated Pompey Park is a special site in the community and the youth are the most valuable possessions and this is one of the places where they really get a chance to develop and one of the chances they get to be showcased is on Family Fun Day. Mr. Ridley stated July is a very hot month so most people do not get out until about 7:00 p.m. He stated the Pompey Park staff is being innovative and feels the event hours have been reduced substantially already from what it was in the past. Mr. Ridley stated the last hour or two are very important for the success of this project and urged the Commission to consider the success of the event and extend the event to 10:00 p.m. or 11:00 p.m. Rose Hendrix, 318 N.W. 12th Avenue, Delray Beach, stated she does not recall a lot of residents in the community complaining about this event and feels this is a very 35 07/07/09 successful event. Secondly, Ms. Hendrix stated on July 2, 2009 the After Care Program went on a field trip to the Rapids Water Park and both her children attended. She stated her son Christopher Hendrix lost his glasses in the lazy river and immediately went to Shara Self, Recreation Supervisor H, After SchooUCamps, and informed her that he accidentally lost his glasses. Ms. Self advised her nine year old son that he was to go over and look for those glasses himself. Ms. Hendrix stated her son in turn sat down and started to cry when a stranger approached him and asked him why he was crying. Ms. Hendrix stated her son informed her that he lost his glasses in the lazy river and this stranger, her daughter and her daughter's friends went to look for her son's eyeglasses in the lazy river. Ms. Hendrix stated she questions the ability of some of these recreation leaders that are supervising the children in the Summer Camp and feels that the City needs more competent people working with children and that the incident at the Rapids was not handled appropriately. Ms. Hendrix stated she brought several other concerns up to Rodger Ribeiro, Recreation Superintendent, and Linda Karch, Director of Parks and Recreation, and has spoken to Mayor McDuffie on another issue as well Ms. Hendrix stated her son, who is currently going into 6th grade, was placed in groups for the past four years with Stn graders. She stated he has been with these kids for the past four years and does not understand why all of sudden he is placed in a camp group with 3rd and 4th graders. Ms. Hendrix stated that parents need to be provided with documentation as to the rules and regulations of this camp and how certain situations are looked into. She stated her son losing his glasses and not being assisted appropriately by a counselor that is supposed to be in charge of all of the children is unacceptable. Mayor McDuffie stated staff's recommendation is to hold the event until 9:00 p.m. and Parks and Recreation is asking that the event be extended to 10:00 p.m. Mr. Eliopoulos asked if the City has received any complaints. Linda Karch, Director of Parks and Recreation, stated she attended last year and she never received any complaints and the event was held until 11:00 p.m. The City Manager stated Lula Butler, Director of Community Improvement, stated there have been complaints with the Roots Festival but not from Family Fun Day. Mr. Bernard moved to approve the Special Event Request for the 6th Annual Family Fun Day at Pompey Park to be held one (1) day on July 25, 2009 from 4:00 p.m. to 11:00 p.m., seconded by Mr. Eliopoulos. 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_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). Mr. Eliopoulos moved to reappoint David Cook as a regular member to the 36 07/07/09 Downtown Development Authority (DDA) to serve a three (3) year term ending July 1, 2012, seconded by Mr. Fetzer. 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. 9.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). Mr. Frankel moved to appoint Shelly Petrolia as a regular member to the Delray Beach Authority to serve a four (4) year term ending July 14, 2013, 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. 9.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). Mr. Frankel moved to reappoint Sandra Tobias as a regular member to the Education Board for a two (2) year term ending July 31, 2011, seconded by Mr. Bernard. 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. Mr. Bernard moved to reappoint Perry Stokes as a regular member to the Education Board for a two (2) year term ending July 31, 2011, 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. Mayor McDuffie stated he wished to reappoint Peter Raycroft as a regular member to the Education Board for a two (2) year term ending July 31, 2011. Mr. Frankel so moved, seconded by Mr. Bernard. 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. Mr. Eliopoulos moved to reappoint Melanee Blankstein as a regular member to the Education Board for a two (2) year term ending July 31, 2011, 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. Mr. Fetzer moved to reappoint Catherine DeMatto as a regular member to the 37 07/07/09 Education Board for a two (2) year term ending July 31, 2011, 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. Mr. Frankel moved to appoint Theodore Berman as a regular member to the Education Board for a two (2) year term ending July 31, 2011, 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. 9.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. Mr. Frankel moved to appoint Victor Kirson as a regular member to the Police Advisory Board to serve an unexpired term ending July 31, 2010, 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. Mr. Bernard moved to reappoint Regine Celestin as a regular member to the Police Advisory Board for a two (2) year term ending July 31, 2011, seconded by Mr. Eliopoulos. 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. Mayor McDuffie stated he wished to reappoint Jason Dollard as a regular member to the Police Advisory Board to serve a two (2) year term ending July 31, 2011. Mr. Frankel so moved, 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. 9.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). Mr. Frankel moved to appoint Sharon Koskoff as a regular member to the Public Art Advisory Board to serve a two (2) year term ending July 31, 2011, 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. 38 07/07/09 Mr. Bernard moved to appoint Annette Gray as a regular member to the Public Art Advisory Board to serve a two (2) year term ending July 31, 2011, 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. Mayor McDuffie stated he wished to defer his appointment to the next regular meeting of July 21, 2009. Mr. Eliopoulos moved to reappoint Robert Currie as a regular member to the Public Art Advisory Board to serve a two (2) year term ending July 31, 2011, seconded by Mr. Frankel. 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. 9.0. 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) The caption of Resolution No. 30-09 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, URGING THE BOARDS OF THE CITY'S PENSION FUNDS TO OPERATE CONSISTENTLY WITH THE "PROTECTING FLORIDA'S INVESTMENT ACT". (The official copy of Resolution No. 30-09 is on file in the City Clerk's office.) The City Manager stated State law requires that the City apply the same standards to the General Employees Pension Board as far as investments in companies that are involved with Iran or Sudan and they need to divest themselves of any investments involved with those two countries. The City Attorney stated this resolution is urging the City's Pension Boards to adopt those standards. Mr. Frankel moved to approve Resolution No. 30-09, seconded by Mr. Bernard. 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. 13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS. 13.A. City Manager The City Manager stated the County is updating their dangerous dog ordinance. He stated previously a dog could not be declared dangerous for attacking another animal until the second attack and they are changing that so that it can be declared dangerous after the first 39 07/07/09 attack. Secondly, the Palm Beach County League of Cities has created an Adhoc Elections Committee and Chevelle Nubin, City Clerk is one of the members of that committee to work with the Supervisor of Elections office to try to minimize expenses and make the City's election process go more smoothly. The City Manager stated the Supervisor of Elections office intends on shifting costs to the municipalities. The City Manager stated there were a couple of legal items brought to the City's attention by the League of Cities attorney and noted that there was an Attorney General's opinion that notes taken at a Commission Meeting are not a public record unless they are shared but it you have hand written notes and you share them with another Commissioner they are a public record. The City Manager stated there is also a court case currently underway in Broward County concerning whether text messages during Commission meetings are public record or not. Lastly, the City Manager stated Mr. Barcinski's son-in-law is not expected to live through the week. 13.B. City Attorney The City Attorney had no comments and inquiries on non-agenda items. 13.C. City Commission 13.C.1. Mr. Frankel Mr. Frankel stated last week he was invited to speak at the Dori Slosberg event. He stated last week the primary enforcement of the seatbelt law went into effect and approximately 600 police officers from Palm Beach County were there on behalf of Delray Beach. Mr. Frankel stated he gave a brief speech. Mr. Frankel stated he recognized Vinnie Gray and the other officers that were there that night and elected officials such as Steve Abrams, Shelley Vana, and Burt Aaronson. Secondly, Mr. Frankel stated he was asked by a resident about the mosquito issue that we have been having and who they should call because they are getting attacked by mosquitoes. He stated the County referred them to the City. Mayor McDuffie stated they would need to call Mosquito Control with Palm Beach County. 13.C.2. Mr. Bernard Mr. Bernard stated Independence Day on Saturday was great. He stated he had the opportunity with Mayor McDuffie and Commissioner Fetzer to judge the beautiful baby bathing suit contest and the bicycle contest. Mr. Bernard suggested that there be better accommodations for the judges as it was extremely hot. 40 07/07/09 13.C.3. Mr. Fetzer Mr. Fetzer stated he received an email from Bob Victorin from BPOA and read this into the record. Mr. Fetzer asked the City Manager to provide suggestions for the Charrette. 13.C.4. Mr. Eliououlos Mr. Eliopoulos congratulated Commissioner Bernard on his announcement for running for the State House of Representatives District #84. Secondly, Mr. Eliopoulos stated he received a telephone call from Sharon Bodwin and she has several issues. He stated one of her concerns in particular is the grass that the City plants and that the City is not actually doing things that are drought tolerant. Mr. Eliopoulos stated Ms. Bodwin also expressed concern in how we are doing the medians and that lights be installed in the Osceola Park neighborhood before she passes away. He stated he not sure where the City stands regarding the budget and how the City is actually putting that into the program. Lastly, Mr. Eliopoulos congratulated the Brian Shutt, City Attorney and Terrill Pyburn, Assistant City Attorney for their work on the transient ordinances. 13.C.5. Mayor McDuffie Mayor McDuffie stated Dana Donaty who is on the Public Art Advisory Board called him yesterday and noted that there is a world renowned artist by the name of Itzhak Asher who has had art displayed in Coconut Grove, South Beach, and Mizner Park. Mayor McDuffie stated Mr. Asher has had two pieces of artwork that he has personally seen in front of the Kravis Center. Mayor McDuffie stated these are large bronze sculptures and Mr. Asher would like to put one of these bronze sculptures on display in Delray Beach. The value of the bronze work is about $700,000.00. Mayor McDuffie stated Mr. Asher is looking to put the piece here for a year or two at no cost to the City. Mr. Asher will pay for the delivery, the crane, and the base to set it on and requests that the City provide the lighting to light it at nighttime and deal with the liability insurance. Mayor McDuffie stated this piece is under Gallery One and is tremendous artwork. Mayor McDuffie stated Mr. Asher wishes to continue that with a full show of his work in Old School Square indoors and outdoors as well. Mayor McDuffie stated he spoke to Joe Gillie about it who indicated he could not pull it off this quickly. Mr. Asher stated if the City cannot do it he understands that and he would like to come back and put the full show on during the season. Mayor McDuffie stated he is looking at other alternatives for Mr. Asher and promised that he would get back with him. Secondly, Mayor McDuffie stated Harold Van Arnem has been working with a company called the Digital Divide for quite some time now and it has gained quite a bit of traction. Mayor McDuffie stated it is now a project that Information System Services in Palm Beach County is working on. He stated they have already placed transceivers on our public safety tower and on all the microwave tower poles at Spady, Atlantic High School, and Village Academy. He stated this is a meeting like in the past where companies have discussed wireless 41 07/07/09 and noted that there is a cost to this and the City will ultimately have to pay the cost unless the City can find donors to support the project. Mayor McDuffie stated it would behoove the City to invite the County to give a presentation at a Workshop Meeting. The City Manager suggested that this be placed on a Workshop Meeting in August. Mayor McDuffie stated the 4th of July was great. He concurs with Commissioner Bernard that they need to make accommodations for the judges and in addition to the chairs and umbrellas they need a golf cart to get back and forth between Veteran's Park and A-1-A. Mayor McDuffie stated he received one complaint through email about the time it took for someone to get home but other than that everyone had nothing but positive things to say. There being no further business, Mayor McDuffie declared the meeting adjourned at 10:34 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 July 7, 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 42 07/07/09 above. 43 07/07/09 IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA WAIVER REQUEST FOR ATLANTIC PUBt_IC PLAZA ORDER t}F THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA 9. The waiver request regarding a sight visibility triangle for the Atlantic Public Plaza Project has came before the City Commission on duly 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 4.6.94(A}(2), the required sight visibility triangle at the intersection of Atlantic Avenue and SW 5~' Avenue is 40 feet. The applican# has proposed a sight visibility triangle of 98 feet due to the encroachment of the public art display area. The applicant has submitted a waiver request to allow an 98 foot sight visibility triangle rather than the required 40 foot sight visibili#y triangle . Pursuant to LDR Section 2.4.7{B}{5}, prior to granting a waiver, the approving body shall make a finding that the granting of the waiver: (a) Shall not adversely affect the neighboring area; (b} Shall not significantly diminish the provision of public facilities; {c} Shall not create an unsafe situation; and, (d) Does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. Would a waiver to Section 4.6.94{A}{2} reducing the sight visibility triangle from 4Q feet to 98 feet comply with the requirements of 2.4.7{B}(5}? Yes X No 3. The City Commission has applied the Comprehensive Plan and LDR requirements in existence at the time the original development application was submitted and finds that its determinations set forth in this Order are consistent with the Comprehensive Plan. 9 July 7, 2009 City Commission Meeting; Item 9.A. s 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. ~. Based on the entire record before it, the City Commission approves or denies the waiver request to CDR Section 4.8.14{A){2). Approve Deny X 8. Based on the entire record before it, the City Commission hereby adopts this Carder this 7th day of July, 2009, by a vote of 5 in favor~~ 4 fig, apposed. ATTEST: Nelson S. M C~v.n . Chevelle Nubin, City Clerk 2 July 7, 2009 City Commission Meeting; Item 9.A. SPECIAL/WORKSHOP MEETING July 14, 2009 A Special/Workshop Meeting of the City Commission of the City of Delray Beach, Florida, was called to order by Mayor Nelson S. McDuffie in the First Floor Conference Room at City Hall at 6:00 p.m., on Tuesday, July 14, 2009. Roll call shoed Present - Commissioner G ary P. E liopoulos Commissioner Fred B. Fetzer Commissioner Mackenson Bernard Commissioner Adam Frankel Mayor Nelson S. McDuffie Absent - David T. Harden, City Manager Also present mere - Doug Smith, Assistant City Manager R. Brian Shutt, City Attorney Chevelle D. Nubin, City Clerk Mayor Nelson S. McDuffie called the special rr~eeting to order and announced that it Had been called for the purpose of considering the following Item: SPECIAL MEETING AGENDA 1. SPECIAL EVENT REQUEST/32"d ANNUAL ROOTS CULTURAL FESTIVAL/YOUTH BASKETBALL TOURNAMENT: Approve a special event request from the Roots Cultural Festival, Inc. for a Youth Basketball Toun-iamealt to be held from 7:00 -10:00 p.m. on July 17, 9:00 a.m. - 9:00 p.m. on July 18 and 10:00 am. - 4:00 p.m. on July 19, 2009; approve staff support for security and event sigriage to be installed no earlier than ten (10) days prior to the event; and approve waiver of the facility rental fees for Pompey Park and the Community Center; contingent upon sponsor providing a liability insurance certificate and a hold Harmless agreement at least one week prior to the event. Douglas Smith, Assistant City Manager, presented this item. Staff recommends approval of the event subject to receiving the Hold Harmless Agreement and the Certificate of Liability Insurance and waiver of rental fees for the use of Pompey Park and the Community Center. The estimated cost is about $3,000.00 excluding 50% of the ticket sales. This will cover this toun-iamealt, both gynmasiums. Mayor McDuffie stated tHat we need to be very cautious considering the economic times we are in. Alberta McCarthy, Roots Cultural Qiairperson, spoke and gave a brief history about how the Basketball Toumamealt was conceived Mr. Bernard suggested that Linda Karch, Director of Parks and Recreation go back and setup a policy to bring in front of the Commission so they will know exactly how to proceed in the future. Also, he would like the item to come before the Commission prior to posting the event signage. Mr. Fetzer stated we need to tighten up our event policy again. Mr. Fetzer motioned to approve the special event request, seconded by Mr. Frankel. Upon roll call, the Commission voted as follow: Mr. Fetzer -Yes; Mr. Frankel -Yes; Mr. Bernard -Yes; Mayor McDuffie -Yes; Mr. Eliopoulos -Yes; Said motion passed 5-0. 2. SPECIAL EVENT REQUEST/32"d ANNUAL ROOTS CULTURAL FESTIVAL/ADULT BASKETBALL TOURNAMENT: Approve a special event request from the Roots Cultural Festival, Inc. for an Adult Basketball Tournamealt to be held from 6:00 -10:00 p.m. on July 31, 9:00 am. - 9:00 p.m. on August 1 and from 10:00 am. - 3:00 p.m. on August 2, 2009; and authorize staff support for security, event signage which is to be installed no earlier than ten (10) days prior to the event, and waiver of the facility rental fee for City facilities (Pompey Park Gym and the Community Center) for the tournament; contingent upon sponsor providing a liability insurance certificate and a hold harmless agreement at least one meek prior to the event. Douglas Smith, Assistant City Manager, presented this item. Staff recommends approval of the event subject to receiving the Hold Harmless Agreement and the Certificate of Liability Insurance and waiver of rental fees for the use of Pompey Park and the Community Center. Mr. Bernard motioned to approve the special event request, seconded by Mr. Eliopoulos. Upon roll call, the Commission voted as follow: Mr. Frankel -Yes; Mr. Bernard -Yes; Mayor McDuffie -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Said motion passed 5-0. Mayor McDuffie adj oumed the Special Meeting at 6:14 p.m. WORKSHOP AGENDA 1. Options for use of Old School Square Garage retail space Mr. Rich McGloin, former board member of the Downtown Development Authority presented this item. Mr. McGloin conducted a PowerPoint presentation and discussed the options for the use of the Retail Space along with the pros and cons in relation to the vision for the Pineapple Grove District He suggested that the City Commission select the direction that the use should go; the one that the Commission feels addresses the original goal to create the activity in Pineapple Grove which mould be consistent with plans for the district Have the City or the CRA advertise with a RFP. This would be the best way to find that group interested in the use described He also suggested that the City protect their asset. The build out is not complete, and there are some specific issues to be concerned with during the build out. Keep the primary goal of the fact that the property will be sold even though there will be temporary lease use so things do not get paid for twice. Mr. E liopoulos asked how we will proceed with this. Mayor McDuffie suggested that questions be asked after each presentation. Mr. Bernard asked if the Qiambers was approached and what is their perspective? Mr. McGloin stated that he spoke with Sill Wood and Marjorie Ferrer. Their concern was the back door, traffic, debris and smell. Mr. Alperin stated they want some type of retail to draw people up the street and are against any food use. Mr. Frankel asked what kind of businesses the interested groups had in mind 2 07/14/2009 Mr. McGloin stated that they talked with operators of a small market, 6,000 square foot specialty market. They showed t~ (2) operators currently in the business the retail space and asked them if it was durable in that area with the space. The operators conducted a market survey of the town and said that they mould be interested in talldng to the City about a market in the area. In regards to general retail, they did not take a look at any one that could use all the space. The discussions were with local people and they are concerned with the distance from Atlantic Avenue to the retail space. They talked with several groups regarding the Arts and they would like to be involved as well. The groups that they spoke with involved Jewelry, Clothing and Antique types. Mr. Eliopoulos t11an1<ed the CRA for the presentation. He expressed concern with the current real estate market and the building design for future tenants, such as bathrooms and slabs. Mr. McGloin stated the design would consist of slab, electric panel and some lighting. He stated that the one group they spoke to said that they needed bathrooms because they deal with children. The group would suggest stubbing out the bathrooms when the floor is formed and they will build the bathrooms at their expense. Mr. Fetzer thanked the CRA for the presentation He stated that we need to have a long term vision for the site. Mayor McDuffie t11an1<ed the CRA for their presentation. NTichael Weiner introduced himself and t11an1<ed Rich McGloin. Present were Thomas Kinslce, Richard Jones and Ingrid Kennemer. He gave an overview of his presentation. Mr. Jones of Richard Jones Architecture spoke about diversity in the arts such as culinary arts and musical arts, which they plan to combine to create a designation that will draw people during the daytime, as well as at nighttime. Mr. Kinslce introduced his partners James Schwab and Sill Suzuki. He stated that their goal is to build a creative, artistic and cultural center that will attract local residences and visitors alike. Their objective is to meet the needs of the community and have businesses that are economically sustainable. He also stated that they feel the space indicated for rr~eetings and private parties will possibly be used with the Qiamber of Commerce to host meetings and to draw more interest to the area. It can also be used in connection with the City events such as the tennis tournamealts or the film events and possibly be utilized as a film screening area He stated that the commercial kitchen area was a suggestion from Lori Nolan from the CRA. In addition, he stated that they mould be interested in speaking with Palm Seach Community College or Universities about having classes at the site. He spoke with some interested markets and they are concerned with the logistic of the garbage and shopping carts, but a small scale market said that it is doable and a good asset for the community. He stated that they are committed to advance recycling as much as green technology. He also stated that they expect to create new jobs. Lastly, he stated that their proposal is one of action and with support from the City Commission, various associations and a sense of urgency with the building departmealt; they feel that it can be opened by December 1St of this year and mould be a boost to the Pineapple Grove area Mr. Weiner stated that Tom s proposal is unique because he can do it from morning to night, wants to get into the business right away and he is ready to go and he will not have proposals that might keep other people from leasing on the street. He discussed the alternative with respect to leasing; it more than likely means that money will have to be spent in order to make money, and no matter who the tenant is there will be concerns with tenants ability to perform. They are talldng about buying it, taking it off the City`s hands and the City putting the money in the bank and for them to get on the tax rolls by December 2009. 3 07/14/2009 Mr. Frankel stated that he is concerned with the performance area being next to the Qiambers and what is their opinion on that, and what effects will that have. He also stated that it may have an effect on Old School Square and he would like their opinion on any perspective tenant. In addition, he expressed concern with the music venue. Mr. Bernard asked about the cost of the build out. Mr. Kinslce stated that they estimated it at about $450,000 to $500,000. Mr. Bernard commented regarding the vision for that area and stated he does not want to lose the vision. Mr. Eliopoulos stated that if we are going to sell make it a fast sale because the use can change. He supports keeping this property and doing something with it temporarily. Mr. Harden stated that they have addressed that and the proposal tallcs about a restaurant. They would have to operate under a restaurant license and have meals available while they are open. Mr. Fetzer stated that he mould like to hear from the Commercial Realtor Ingrid and get her opinion on the Letter Intent/Lease Purchase. Ms. Kennemer explained that third party financing is not readily available today. She believes that Mr. Kinsloe's approach is that the initial money would be put towards cleaning up the space, finishing up the space, getting the space utilized and getting the business up and ramming, theiy he has a much better chance at getting third party financing and the support from the market that he needs. This is the reason the proposal was structured as a lease purchase and Mr. Kinsloe is not asking for a lease option, he is asking the Commission to support him in getting open and then close on the property. It was the consea~sus of the Commission to research this more, get an updated appraisal and for staff to bring this back to the Commission as quickly as possible. 2. Presentation of the Budget Task Force Final Report Joseph Safford, Director of Finance, presented this item. He gave an overview of the establishment of the Budget Task Force and their tenets. Mr. Safford discussed the observations and recommendations made by the Budget Task Force to increase revenues, reduce expenditures without reducing essential services, consider what a fair and reasonable cost would be to our taxpayers and to improve productivity and efficiency. He also stated that the Budget Task Force asked the Commission to consider a permanent Financial Review Committee or a Financial Review Board to continue the irk that has been done in the analysis of revenues, expenses, as well as, the analysis in participation in the negotiation of major long term contracts. Mr. Safford thanked the members of the Budget Task Force and the finance staff. Mr. Frankel thanked the Budget Task Force members. He stated that the City has an abundance of free parking on Atlantic Avenue and the downtown area; and asked if the Budget Task Force looked at the free parking Mr. Frankel stated that he is favor of a permanent Financial Review Committee or Financial ReviewBoard Mr. Safford advised that they had not looked at that because there is going to be consultant study done to address the parking Mr. Bernard thanked the Budget Task Force members, Joseph Safford and staff. He stated that he is in agreement with creating a permanent Financial ReviewBoard 4 07/14/2009 1VIr. Eliopoulos t11an1<ed all of the members. He stated that he supports having a Financial Review Board He also mould like to continue communicating with the different department to make sure the information is clear. 1VIr. Fetzer congratulated and thanked the Budget Task Force, Joseph Safford and staff for all their efforts. He stated that he like the idea of having a permanent Financial Review Committee or Financial Review Board 1VIr. Fetzer recommended combining any boards that can be consolidated because the boards are growing. He stated that he is in support of the board Mayor McDuffie t11an1<ed the Committee and staff for their report. He stated that he noticed this report contained the following. investigation on the bargaining units; provided information from other jurisdictions and gave comparative numbers of what is happening around us. He is in support of a permanent Financial Review Board The Commission thanked the Budget Task Force for its presentation 3. Presentation regarding the Proposed Fire-Rescue Training Site David Harden, City Manager presented this item. He gave some background information on the development of the site located at 80 Depot Road David James, Fire-Rescue Chief discussed the needs and justifications for afire-rescue training facility for the fire-rescue staff Chief James introduced E dward Crelin, Division Chief. 1VIr. Crelin discussed the type of facility that he had envisioned which includes a tower, prop area for training props, classroom facility and a place to conduct state mandated trainingS. Chief James stated that the Fire Academy at Atlantic High School only provides emergency medical services for the students. He stated that their goal is to eventually add fire training and the facility mould be a great help to enhance the vision that started the fire academy. Chief Danielle Connor stated that is an element of sustainability and that new facility can be leased out to other municipalities. Chief Connor introduced Jose Aguila Jose Aguila of Curve Sowards Aguila Architects discussed the preliminary architectural plans for the development of 80 Depot Road Chief James stated that having a training facility at this site would enable all department units to be available in city limits at all times. 1VIr. Harden explained that Palm Beach County had a facility at the old South Tech site, which was convenient for the fire-rescue staff This facility has been moved to Southern Soulevarcl, which is too far for Fire-Rescue to use. He asked if the plan was acceptable, so that they can plan for it in the future in seeking grants. 1VIr. Fetzer stated he understands the need, it is a matter of prioritizing the capital improvement plan, and he is willing to consider this as a high priority but needs to see where this fits. 1VIr. Eliopoulos stated he understands the need, but is not agreeable with the location of the site. He stated that he appreciates the architect; it is a sharp design. He mould rather see other uses on this site. 1VIr. Bernard stated that he feels funding Fire Station No. 2 is a high priority with regards to the budget prior to addressing spending money for a training facility. 1VIr. Harden explained that this project is not in the capital budget at this point and Fire Station manning will have to be addressed this year. 1VIr. Harden asked if the design and location was acceptable. 07/14/2009 Mr. Frankel asked about the impact That training at this location mould Dave on motorists on I- 95. He stated he does not agree with the location and is concerned with regards to the budget. Division Chief Crelin stated that there will be no smoke or fire generated at this location Mayor McDuffie stated that the design is great, but not at that site. He would support it in another location at another time. Mr. Eliopoulos stated that one of the problems with this site is the accessibility and access is only from the north. He stated that he would like to see more information with regards to what this site can be used for. 4. Discussion regarding the Green Task Force Mr. Fetzer stated that he asked for this item to be put on the workshop agenda due to Nancy Schnieder of the previous Green Task Force inquiries as follows: the frequency of meetings of the new task force, whether the name for the group would be a board or task force; and that there will be five (5) members. He asked if it could be a seven (~ member task force and what is the number of applicants that we have for the task force. Mr. Smith stated that a few new applicants were received and that they are going back through the previous applicants and contacting them to find out who is interested Mr. Eliopoulos asked if a staff member was assigned to work with the board and when do they meet. Mr. Harden stated that it mould start out with the same people they had before. Mr. Frankel stated that a few people approached him, expressed interest in the board and they have applied Mayor McDuffie stated he has been approached as well. Mr. Bernard asked if alternates should be added Mayor McDuffie t11an1<ed the Green Task Force members. It is the consensus of the Commission to establish a permanent Green Task Force. Mayor McDuffie adj oumed the Special Meeting at 9:36 p.m. City Clerk ATTEST: MAYOR 6 07/14/2009 The undersigned is the City Clerk of the City of Delray Seach, Florida, and the information provided herein is the NTinutes of the Special/Workshop Meeting of the City Commission held on Tuesday, July14, 2009, which NTinutes mere formally approved and adopted by the City Commission on August 5, 2009. City Clerk NOTE TO READER: If the NTinutes you have received are not completed as indicated above, this means they are not the official NTinutes of the City Commission. They will become the official NTinutes only after review and approval, which may involve amendments, additions or deletions to the Minutes as set forth above. 07/14/2009 JULY 21, 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, July 21, 2009. 1. Roll call showed: Present - Commissioner Gary P. Eliopoulos Commissioner Fred B. Fetzer Commissioner Adam Frankel Mayor Nelson S. McDuffie Absent - Commissioner Mackenson Bernard Also present were - David T. Harden, City Manager Brian Shutt, City Attorney Terrill Pyburn, Assistant City Attorney Chevelle D. Nubin, City Clerk 2. The opening prayer was delivered by Reverend Kathleen Gannon with St. Paul's Episcopal Church. 3. The Pledge of Allegiance to the flag of the United States of America was given. 4. AGENDA APPROVAL. Mayor McDuffie noted the addition of Item 9.H., Filling Unexuired Term of Commissioner Bernard, and Item 9.I., Revised Purchase and Sale Agreement/Eagles Nest Prouerty to the Agenda by addendum. Mr. Frankel requested that Item 8.L.1, Award of Bids and Contracts for consulting services to Kimley-Horn of the Consent Agenda be moved to the Regular Agenda as Item 9.A.A. Mr. Eliopoulos requested that Item 8.C., Change Order No. 5/West Construction, Inc./Miller Park Imurovements of the Consent Agenda be moved to the Regular Agenda as Item 9.A.A.A. Mr. Fetzer moved to approve the Agenda as amended, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mr. Fetzer -Yes; Mr. Frankel -Yes; Mayor McDuffie -Yes; Mr. Eliopoulos -Yes. Said motion passed with a 4 to 0 vote. 07/21 /09 5. APPROVAL OF MINUTES: Mr. Eliopoulos moved to approve the Minutes of the Regular Meeting of June 16, 2009, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mr. Frankel -Yes; Mayor McDuffie -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer - Yes. Said motion passed with a 4 to 0 vote. 6. PROCLAMATIONS: 6.A. Firefighter Appreciation Month -August 2009 Mayor McDuffie read a proclamation hereby proclaiming the month of August 2009 as Firefighter Appreciation Month in Delray Beach. Liz Coffee of the Muscular Dystrophy Association (MDA) came forward to accept the proclamation and thanked the Delray Beach Fire-Rescue Department. 7. PRESENTATIONS: 7.A. S.P.LR.LT. (Service, Performance, Integrity, Responsibility, Innovation, Teamwork) Committee Quarterly Awards Presentation Danielle Beardsley, Rec. Supervisor III (Marketing)/Parks & Recreation, recognized the S.P.LRLT. Award winner Jennifer Buce, Community Improvement/Neighborhood Services. Amy Alvarez, Senior Planner/Historic Preservation, nominated Jennifer Buce for being the driving force behind the recent installation of the City's Ten State Historical Markers, and had it not been for her SPIRIT the project may not have been completed on time. Jennifer Buce came forward to accept the SPIRIT award. 8. CONSENT AGENDA: City Manager Recommends Approval. 8.A. WATER AND SEWER UTILITY EASEMENT AGREEMENT/SCHOOL BOARD OF PALM BEACH COUNTY: Approve and accept a 12-foot water and sewer utility easement agreement with the School Board of Palm Beach County for water and sewer lines associated with the new Plumosa Elementary School located at the old Atlantic High School site (2501 Seacrest Boulevard). 8.B. EASEMENT LIGHT/MILLER PARK agreement between the City transformer and associated Improvements Project. IMPROVEMENTS PROJECT: Approve and Florida Power & Light (FPL) for a underground electrical utilities for the an easement pad mounted Miller Park 8.C. CHANGE ORDER NO. 5/WEST CONSTRUCTION, INC./MILLER PARK IMPROVEMENTS: Approve Change Order No. 5 to West Construction, Inc., AGREEMENT/FLORIDA POWER & 2 07/21 /09 in the amount of $10,178.73 with an eight (8) day extension of time to complete the project for additional work required to lower a Florida Power & Light (FPL) primary feeder line; remove seagrape trees and fencing, re-grade, and then replace fence for the Miller Park Improvements Project. Funding to be paid out of the Contractor's Video, Utility and Unforeseen Conditions Allowance. 8.D. THIS ITEM HAS BEEN MOVED TO THE REGULAR AGENDA AS ITEM 9.A.A.A. 8.E. CALL TO ARTIST/LATERAL RUNWAY/TENNIS CENTER: Approve a request to allow the Public Art Advisory Board to advertise a Call to Artists, "Lateral Runway", for an area along the north side of West Atlantic Avenue in front of the Delray Beach Tennis Center. 8.F. ACCEPTANCE OF RIGHT-OF-WAY DEED/COMMUNITY REDEVELOPMENT AGENCY (CRA)/PINEAPPLE GROVE PARHING LOT: Approve and accept aright-of--way deed between the City and the CRA associated with the Pineapple Grove Parking Lot located on the east side of N.E. 3rd Avenue, 357 feet south of N.E. 4th Street (353 N.E. 3rd Avenue). 8.G. RESOLUTION NO. 31-09/AMENDMENT TO LOCAL HOUSING ASSISTANCE PLAN (CHAP): Approve and adopt Resolution No. 31-09, an amendment to City's State Housing Initiatives Partnership (SHIl') Program, Local Housing Assistance Plan (CHAP) for Fiscal Years 2007-2010 to include the Florida Homebuyer Opportunity Program Strategy. The caption of Resolution No. 31-09 is as follows: office.) A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, APPROVING THE LOCAL HOUSING ASSISTANCE PLAN AS REQUIRED BY THE STATE HOUSING INITIATNES PARTNERSHIP PROGRAM ACT, SUBSECTIONS 420.907-420.9079, FLORIDA STATUTES, AND RULE CHAPTER 67-37, FLORIDA ADMINISTRATNE CODE; AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE ANY NECESSARY DOCUMENTS AND CERTIFICATIONS NEEDED BY THE STATE; AUTHORIZING THE SUBMISSION OF THE LOCAL HOUSING ASSISTANCE PLAN FOR REVIEW AND APPROVAL BY THE FLORIDA HOUSING FINANCE CORPORATION; PROVIDING AN EFFECTNE DATE. (The official copy of Resolution No. 31-09 is on file in the City Clerk's 3 07/21 /09 8.H. DISASTER RECOVERY INITIATIVE (DRI)/HOUSING REHABILITATION GRANT/CONTRACT AWARD: Approve one (1) Housing Rehabilitation grant award to the lowest responsive bidder for 613 S.W. 9th Court to Cordoba Construction in the amount of $32,035.96. Funding is available from 118-1960- 554-49.19 (Neighborhood Services/Other Current Charges/Housing Rehabilitation). 8.I. EMERGENCY SERVICES AGREEMENT/PALM BEACH COUNTY FIRE RESCUE: Authorize the Mayor to execute the revised Emergency Services Agreement for Mutual Assistance and Automatic Aid between the City and Palm Beach County Fire-Rescue. 8.J. CONTRACT CLOSEOUT (CHANGE ORDER NO. 3/FINAL)/J.W. CHEATHAM, LLC/MANGO DRIVE/REIGLE AVENUE/S.W. 7TH AVENUE: Approve Contract Closeout (Change Order No. 3/Final) in the deduct amount of $22,044.40 and final payment in the amount of $16,686.35 for the completion of the Mango Drive/Reigle Avenue/S.W. 7th Avenue Road Reconstruction Project. Funding is available from 118-1960-554-68.27 (Neighborhood Services/Other Improvement/Mango Drive/Reigle Drive & S.W. 7th). 8.K. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period July 6, 2009 through July 17, 2009. 8.L. AWARD OF BIDS AND CONTRACTS: 1. THIS ITEM HAS BEEN MOVED TO THE REGULAR AGENDA AS ITEM 9.A.A. 2. Purchase award to The Dumont Company in the estimated annual amount of $53,650.00 as needed for Hydrofluosilicic Acid for the Water Treatment Plant. Funding is available from 441-5122-536- 52.21 (Water and Sewer Fund/Operating Supplies/Chemicals). 3. Purchase award to Emergency Vehicle Supply (EVS) in the amount of $82,428.03 for the purchase and installation of ten (10) police vehicle equipment packages for the Police Department. Funding is available from 501-3312-591-64.20 (Garage Fund/Machinery/Equipment/Automotive) and 001-2115-521-64.20 (General Fund/Machinery Equipment/Automotive). 4. Purchase award to Hub City Ford, Inc. in the amount of $28,098.00 for the purchase of one (1) replacement 2010 Ford Escape Hybrid compact SW with options for the Environmental Services Department. Funding is available from 501-3312-591- 64.20 (Garage Fund/Machinery/Equipment/Automotive). 5. Purchase award to KECO Pump and Equipment in the amount of $38,410.00 for the purchase of one (1) Peristaltic Pump, twelve (12) remote pumping centers with hose rack, and one (1) 4 07/21 /09 monitoring system. Funding is available from 426-4311-575-64.90 (City Marina Fund/Machinery/Equipment/other Machinery/Equipment). Mr. Frankel moved to approve the Consent Agenda as amended, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mayor McDuffie - Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. Frankel -Yes. Said motion passed with a 4 to 0 vote. 9. REGULAR AGENDA: 9.A.A.A. CHANGE ORDER NO. 5/WEST CONSTRUCTION, INC./MILLER PARK IMPROVEMENTS: Approve Change Order No. 5 to West Construction, Inc., in the amount of $10,178.73 with an eight (8) day extension of time to complete the project for additional work required to lower a Florida Power & Light (FPL) primary feeder line; remove seagrape trees and fencing, re-grade, and then replace fence for the Miller Park Improvements Project. Funding to be paid out of the Contractor's Video, Utility and Unforeseen Conditions Allowance. Richard Hasko, Director of Environmental Services, stated at the City Commission Meeting of July 7, 2009, the Commission had concerns whether or not there would be any additional change orders forthcoming. Mr. Eliopoulos stated in the general scope of the work how does this normally fall into play. He stated when you are dealing with FP&L above ground it is one thing and when it is below ground how do they know how to plug in the number. Mr. Eliopoulos stated when staff is doing their budget and they establish that they are going to do something with the line underground how to do that accurately. Mr. Hasko stated typically with cable utilities (i.e. FPL, Southern Bell, Comcast) as well as normal conduit utilities such as the City's utility lines the City will send out preliminary plans to the utilities and request that they mark the locations of all of their facilities. He stated they are not really accurate most of the time because their staff gets a lot of that to do so they check their as built records and they look at the site plan that they are provided and scratch in approximately where the facility is. Mr. Hasko stated when dealing with an underground conduit such as a water main or sewer main, normally you will also pothole it so that you will not only know horizontally where it is relative to the site but you will know how deep it is. He stated that is not practical in terms of a cable utility because they are not always in a straight line like a pipe is in addition to the fact that they are usually shallower than the normal conduit utilities and if an FPL line were hit there is an element of safety involved. Mr. Hasko stated typically you don't know depth wise vertically where a lot of those types of facilities are such as this one. Mr. Eliopoulos asked when the contingency fund was established was this a particular item that was in that category and was the $10,178.73 staff thought they were going to need and was this classified during the proposal or scope. In response, Mr. Hasko stated contingency in this particular contract was not specific and exclusive to this 5 07/21 /09 issue. Mr. Hasko stated since the City was building a park where an existing park stood staff did not anticipate any phenomenal extraordinary level of unforeseen conditions and noted these are fairly nominal and common on a project like this. Mr. Eliopoulos asked how much money is left in the contingency fund after this. Mr. Hasko stated approximately $35,000.00 will be left in the contingency fund after this. Mayor McDuffie asked if this is all on the Solid Waste border with our property or was some of it down the extended fourth right-of--way. Mr. Hasko stated the grade issue is up against the Solid Waste Authoritys facility and the other one is under the new parking lot (FPL distribution line that runs through there). Mr. Eliopoulos moved to approve Item 9.A.A.A. (formerly Item 8.C.), seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. Frankel -Yes; Mayor McDuffie -Yes. Said motion passed with a 4 to 0 vote. 9.A.A. CONTRACT AWARD TO HIMLEY-HORN IN THE AMOUNT OF $98,500.00 TO PROVIDE CONSULTING SERVICES IN ACCORDANCE WITH BID #2009-025 TO PERFORM A PARHING MANAGEMENT STUDY. FUNDING IS AVAILABLE FROM 001-3151-545-34.90 (GENERAL FUND/OPERATING EXPENSES - MISC/OTHER CONTRACTUAL SERVICE) Randal Krej carek, City Engineer, stated this item is an award to Kimley- Horn to perform a parking and shuttle study for the City. The City is sharing in the cost of this project with the Community Redevelopment Agency (CRA) who is going to pay 75% of the cost up to $100,000.00. The cost of the study is $98,500.00 and will be paid via a contribution of $73,875.00 (75%) by the CRA with the balance of $24,625.00 (25%) paid by the City. Mr. Krejcarek stated there was a Selection Committee made up of various staff and they put together a proposal looking for solicitations. The Committee received eleven (11) of them and narrowed it down to three (3) firms who made presentations to them. Mr. Krejcarek stated they are going to be looking at a parking fee program, transportation demand management and also an overall parking management plan. Mr. Frankel stated the prior Commission had a prior Workshop meeting on October 14, 2008 regarding this. He recognizes that the CRA is willing to fund 75% of this; however, Mr. Frankel stated he has difficulty spending just under $100,000.00 in these times. He stated according to the documents that were provided there is going to be parking on Atlantic Avenue and analyze the free shuttle. Mr. Frankel stated the Budget Task Force gave the Commission a report where they analyzed the shuttle service and they analyzed that the average cost is around $4.00 per person, the riders per week, and pickups per hour and discovered that this is costing the City a lot of money to run these three buses. With regard to parking, he stated later in the agenda the Commission will be talking about raising millage. Mr. Frankel stated the City needs to start charging for 6 07/21 /09 parking and there has been numerous discussions about no one using the Old School Square Garage and the Courthouse Garage. He stated if the City starts charging for parking on Atlantic Avenue people are going to use the garage. Mr. Frankel stated maybe in better economic times this would be a good idea but he feels there are essential City services on which this money could be well spent. Therefore, Mr. Frankel stated he cannot support it at this time. Mr. Fetzer stated the scope of services is going to include recommendations on fee structures for parking in terms of whether the City is going to be charging for parking in some places that we are not now. Mr. Fetzer echoed Commissioner Frankel's concerns regarding the shuttle and is not sure this is cost effective. He stated parking is a major issue for the City particularly the fact that we provide "free parking" in most parts of the city. Mr. Fetzer stated he strongly supports the business community and does not want to do anything that is going to jeopardize what is happening with the business community. Mr. Fetzer stated this sounds like a lot of money and questioned what the potential payback of this is long-term. Mr. Eliopoulos stated we are in difficult financial times right now with regard to the budget and noted that this is a large sum of money. He stated as a City you have to keep looking ahead and a lot of the things that are presented in this are things that need to be looked at as far as implementing whether it is in our Codes and how we park downtown. Mr. Eliopoulos stated our parking garages are not in theory being used. He stated there are times when parking meters are appropriate and it encourages people to use the garage instead of looking for a metered spot. Mr. Eliopoulos stated it appears that the Parking Management Advisory Board only reviews in-lieu fees. He stated in the essence of green he agrees with the shuttle and it has the purpose that it needs. Mr. Eliopoulos stated he is holding back on charging for the garages because most of the citizens feel they paid for the garage already. He stated he was upset with a couple of the items on the additional RFP information that had costs and he definitely would like to see what other municipalities are doing with parking and parking requirements because it is critical to our downtown. Mr. Eliopoulos stated he would like to look at other sources for revenue and he believes in tough times sometimes you do have to spend to get this city in the right framework for when things turn around. He asked if we have defined boundaries. Mr. Krejcarek stated the boundaries with regards to the actual parking utilization studies is confined to east of I-95. However, he stated with regards to the Land Development Regulations (LDRs) that is a city-wide impact and they are going to look at the LDRs and the City's parking requirements and is there some innovative way that we can address not only the parking needs but at the same time encourage someone to walk versus driving somewhere. Mr. Frankel asked if Scott Aronson, Parking Management Specialist, can cover this in his job. Mr. Krej carek stated gathering all the data is an in-depth undertaking and we could have him do that but then all his other tasks would be taken away from him and those would fall behind. Mr. Krejcarek stated this is a major undertaking and to have one person do this is a very difficult task. 7 07/21 /09 Mr. Fetzer concurs with comments expressed by Commissioner Eliopoulos. Mr. Fetzer stated he is going to count on initiatives coming out of this study that will help recover this cost by a thorough understanding of what we can do to better utilize the parking resources we have and get revenue from that. He stated this will more than offset the cost of this study and therefore he supports the Parking Management Study. Mr. Eliopoulos inquired about the timeframe on this parking management study. Mr. Krejcarek stated the timeframe is July 2010. Mr. Eliopoulos suggested that staff provide the Commission with amid-presentation regarding this. The City Manager stated the downtown is very successful and the decision about whether to charge for parking and which parking to charge for has a lot of implications. He stated this study will help the Commission make those decisions. The City Manager stated to start doing it without the information the study will provide there could be an error that would be very detrimental to the downtown economy. Mayor McDuffie stated his recollection of this is over the past several years as we have been looking at economic development strategies one of the things the City has run into is that we have no comprehensive parking plan city-wide. He stated we are looking at all these different philosophies and plans, types, lifts, below ground, above ground, whether to have meters or no meters, charge or no charge. Mayor McDuffie stated there are people who will pay $10.00 to a valet on Atlantic rather than walk one block and park in the parking garage and the City does not have anything that says there is any trend that shows us why they are paying to valet rather than parking in the Federspiel Parking Garage if they are going to 32 East. He stated it is a tough time economically but it is also a time when municipalities that have been like Delray in the past reach out and embrace things and say this is what is going to drive us into the future. Mayor McDuffie stated this is how we are going to know what is going on in the downtown and what parking philosophies drive economic development and which drive economic development away. Therefore, Mayor McDuffie stated he supports the Parking Management Study. The City Manager stated our share of this would be paid from the parking fund and this is money that can only be used for parking and therefore would not come from the General Operating Fund of the City. Mr. Eliopoulos moved to approve Item 9.A.A. (formerly Item 8.L.1.), seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mr. Fetzer - Yes; Mr. Frankel - No; Mayor McDuffie -Yes; Mr. Eliopoulos -Yes. Said motion passed with a 3 to 1 vote, Commissioner Fetzer dissenting. 9.A. PUBLIC ART COMPONENT/ART AND JAZZ ON THE AVENUE/SUMMER NIGHTS ON THE AVENUE: Consider approval of a Public Art component at six (6) Art and Jazz on the Avenue and six (6) Summer Nights on the Avenue events in the amount of $10,000.00. Funding is available from the Public Arts 8 07/21 /09 Program. Randal Krej carek, City Engineer, stated this is a request to allow the Public Art Board to spend the up to $10,000.00 in providing an art component for up to six Art and Jazz on the Avenue events and six Summer Nights events. Mr. Krej carek stated in conjunction with the Downtown Marketing Cooperative, Marjorie Ferrer and her staff would entertain different forms of public art to be incorporated into the events. He stated once the Commission approves the expenditure of the money, the Board will go ahead and approve each individual expenditure for each individual event as far as what form of public art will be on display or be e-splayed at that particular event. Mr. Krej carek stated the way the timing works with the planning of the events to bring each event back to Commission on a one event issue at a time is going to be difficult as far as meeting the deadlines for putting out the schedules for the events. He stated this way Marjorie and her staff can come directly to the Art Board at their meeting, talk about several of the events and start planning well in advance of what they want to do. Mr. Fetzer asked if there is specificity as to what is being proposed and asked for a better definition of what is being proposed. Marjorie Ferrer, Downtown Marketing Cooperative, stated when they were asked to make a presentation to the Public Art Advisory Board about having some part of public art as an outreach program several of the artists on the Board considered for the Art & Jazz on the Avenue in October when it gets darker earlier to do some type of light presentation on one of the buildings. Mrs. Ferrer stated an artist would create some kind of art project that would be displayed that night. She stated they would do a "call to artists" which has been done for the last few Summer Nights on the Avenue. For example, Mrs. Ferrer stated on N.W. 5~' Avenue they are having a "call to artists" and an artist responded with a Caribbean art festival theme and this was designed to be the kickoff for the Roots Festival. She stated there are some gigantic masks being shipped in from Haiti that the children would paint. Mr. Eliopoulos expressed concern over this not being defined enough in scope. Mayor McDuffie stated he would like to have this a bit more definitive. He stated it is $833.00 per event so he is beginning to wonder what we are getting for $833.00. He stated if it is performing arts there are a lot of groups that you will not get for that amount for a night. Mayor McDuffie stated he is okay with lights on a wall, oils, water colors, sculptures, and music but it is hard for him to grasp how we are going to do 12 of these and stay in that budget. Mr. Krejcarek stated the Public Art Advisory Board did a similar approach although it was in reverse with the art that goes into the bus shelters (item on Consent Agenda this evening). He stated in that case the art comes to the Public Art Advisory Board and they choose the pieces that they want to have displayed in the bus shelters and then staff comes before the Commission because they usually have time to do that. In this case, Mr. Krej carek stated the reason staff is doing it this way is because of the time sensitive and the planning that has to go in advance of the 9 07/21 /09 events. Mr. Eliopoulos moved to approve the Public Art Component/Art and Jazz on the Avenue/Summer Nights on the Avenue, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mr. Frankel -Yes; Mayor McDuffie -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer - No. Said motion passed with a 3 to 1 vote, Commissioner Fetzer dissenting. 9.B. RESCIND CONSULTING AGREEMENT/COMPUTERWORX, INC.: Consider approval to rescind a Consulting Agreement between the City and ComputerWorx, Inc., for computer software development for online bulletin board meetings. Terrill Pyburn, Assistant City Attorney, stated this is before the Commission for approval to rescind the Consulting Agreement between the City and ComputerWorx, Inc. because they would not agree to the terms of the agreement. Mr. Fetzer moved to rescind the Consulting Agreement between the City and ComputerWorx, Inc. for computer software development for online bulletin board meetings, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mayor McDuffie -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. Frankel -Yes. Said motion passed with a 4 to 0 vote. 9.B.1. REQUEST FOR PROPOSAL (RFP)/ONLINE BULLETIN BOARD SOFTWARE: Provide direction regarding whether or not to pursue a second RFP for computer software development for online bulletin board meetings. Mayor McDuffie handed out information on software from Citrix entitled "Go to Meeting". He stated this software is to an extent available as what is called "COTS" (Commercial Off the Shelf) and noted that there is an upfront cost for that and license costs over time for the product. Mayor McDuffie stated multiple vendors out there have this available. He stated it is quite common today to see online conferences and the only thing that he is not certain that exists in that package is whether they could come in and say they conform to the public records laws in the State of Florida. Mayor McDuffie stated he knows that one allows you to record the entire meeting. He stated he feels that research could be done by the IT Department. Ms. Pyburn stated the IT Department can review this again; however, she stated when the IT Department looked at it a year ago they could not find any software that met the parameters required by the Attorney General's office with regards to both recording as well as allowing the public to interact during the meetings. She stated they can have IT look and see if the technology at this point may be better and may address those requirements. Ms. Pyburn is also looking for direction as to whether the Commission would like to resell the software. She stated if we use something that someone provides for us is it probably not a possibility; however, if we actually go out for RFP (Request for Proposal) and have someone create something to meet the Sunshine Law requirements then that may be something that the Commission may be interested in and staff is looking for direction on that as well Ms. 10 07/21 /09 Pyburn stated if the consensus of the Commission is to see if the IT Department can find software that will meet the requirements without using it to sell it later then staff can certainly go that route and see if they have that capability. Mr. Fetzer stated he is familiar with the Go To meeting software but he does not know if this would comply with the Attorney General's ruling but would support the IT Department researching this further. It was the consensus of the Commission to direct staff to research this further with the IT Department and if it appears that there is something that staff would look at that could meet the Attorney General's office opinions then staff can bring that back to the Commission and seek further direction at that point in time. 9.C. RESOLUTION NO. 32-09: Consider approval of Resolution No. 32-09 amending Resolution No. 24-09 which provides for additional board members and alternates for the Green Task Force Board. The caption of Resolution No. 32-09 is as follows: office.) A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING RESOLUTION NO. 24-09 WHICH CREATED THE GREEN TASK FORCE IN ORDER TO PROVIDE FOR ADDITIONAL BOARD MEMBERS AND ALTERNATES; PROVIDING AN EFFECTNE DATE. (The official copy of Resolution No. 32-09 is on file in the City Clerk's Brian Shutt, City Attorney, stated the Commission had recommended that staff revise the resolution to allow for two (2) additional board members and two (2) alternates for the Green Task Force. Mr. Frankel stated he received an email about someone who serves on another board who wants to serve on this board but cannot. Chevelle D. Nubin, City Clerk, stated per Charter Section 32.08(E) the standing rule is that no member may serve on two of the City's advisory boards. The only exceptions are the Neighborhood Advisory Council (NAC) where a person can serve on that Board and another Board. For the Parking Management Advisory Board, it is specifically stated in Resolution No. 88-97 that the City had to have certain representation from the Community Redevelopment Agency (CRA), the Downtown Development Authority (DDA), and the Planning and Zoning Board. Ms. Nubin stated the other instances are a task force or an Adhoc Committee. A person can serve on as many of these as they can because they are not considered permanent and they sunset at a certain time. She stated now that the Green Task Force will become a permanent Board 11 07/21 /09 that is the reason for the conflict if an individual already serves on another permanent Board. The City Manager stated another example is the Drug Task Force. Mr. Fetzer stated he looked at all the past Green Task Force members and it appeared that one member of that previous Task Force would be prevented from joining the new Task Force because he is currently serving on the Historic Preservation Board (HPB) and he would have the alternative to serve on the Green Task Force, and if the Commission chose to appoint him, then he would have to step down from HPB. Mr. Frankel moved to approve Resolution No. 32-09, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. Frankel -Yes; Mayor McDuffie -Yes. Said motion passed with a 4 to 0 vote. At this point, the time being 7:10 p.m., the Commission moved to the duly advertised Public Hearings portion of the Agenda. 10. PUBLIC HEARINGS: 10.A. COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) ANNUAL ACTION PLAN (FY 2009 - 2010): Consider approval of the Community Development Block Grant (CDBG) Annual Action Plan required by the United States Housing & Urban Development Department (HUD) for utilization of federal grant funds. Lula Butler, Director of Community Improvement, stated this item is for approval of the Community Development Block Grant (CDBG) Annual Action Plan as required by the United States Housing & Urban Development (HUD). The Housing Act requires that as an entitlement municipality receiving CDBG dollars we advertise this meeting and receive citizen comments. Mrs. Butler stated the City had its first public meeting hosted by the Neighborhood Advisory Council (NAC) on June 15, 2009 and this was advertised in the Palm Beach Post on June 5, 2009 (both that meeting and this meeting). She stated to date staff has not received any comments and noted that the Action Plan was also available at the Delray Beach Public Library, on the City's website, and mailed this out to a significant number of organizations that the City partners with. Mrs. Butler requested that the Commission authorize staff to submit the City's Annual Action Plan to HUD by the August 15, 2009 deadline. She stated the allocation this year is $581,155.00. Pauline Moody, 609 S.W. 8th Avenue, Delray Beach, asked for clarification on what is actually being approved and what the City is trying to do with this grant. In response, Mrs. Butler stated the CDBG is an annual allocation from HUD and the City receives a formula allocation and that the City receives the changes each year. Mrs. Butler stated this year the Commission is proposing $111,445 for CDBG Program Administration, dollars for owner occupied housing rehabilitation, dollars for 12 07/21 /09 neighborhood enhancements that the City uses in the form of neighborhood grants, dollars for demolition (houses that have been abandoned and vacant), and dollars for infrastructure (5-year building new sidewalks throughout the CBDG target areas). Mr. Frankel moved to approve the Community Development Block Grant (CDBG) Annual Action Plan (FY 2009-2010), seconded by Mr. Eliopoulos. 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. 10.B. RESOLUTION NO. 29-09: Consider approval of Resolution No. 29-09 establishing a budget for the Stormwater Utility System, establishing the rates for FY 2010 Stormwater Management Assessments, and certifying and adopting the Stormwater Assessment Roll. The caption of Resolution No. 29-09 is as follows: office.) A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ESTABLISHING A BUDGET FOR THE STORMWATER UTILITY SYSTEM; ESTABLISHING RATES FOR STORMWATER MANAGEMENT ASSESSMENTS FOR EACH PARCEL WITHIN THE BENEFITTED AREA, OTHER THAN NON-ASSESSED PROPERTY; PROVIDING FOR A PUBLIC HEARING; PROVIDING FOR THE CERTIFICATION AND ADOPTION OF THE STORMWATER ASSESSMENT ROLL IN ACCORDANCE WITH CHAPTER 56 OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA; AND PROVIDING AN EFFECTNE DATE. (The official copy of Resolution No. 29-09 is on file in the City Clerk's The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. The City Manager stated the City will be continuing the same stormwater utility rates as we have had for the last several years. Mayor McDuffie stated stormwater utilities will continue to have the same rate at $5.33 per month per Equivalent Residential Unit (ERU). Mayor McDuffie declared the public hearing open. There being no one from the public who wished to address the Commission regarding Resolution No. 29-09, 13 07/21 /09 the public hearing was closed. Mr. Fetzer moved to approve Resolution No. 29-09, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mr. Frankel -Yes; Mayor McDuffie -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes. Said motion passed with a 4 to 0 vote. 10.C. 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. The caption of Ordinance No. 37-09 is as follows: office.) AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, 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; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE AND AN EFFECTNE DATE. (The official copy of Ordinance No. 37-09 is on file in the City Clerk's The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Terrill Pyburn, Assistant City Attorney, stated she is present for any questions the Commission may have with regards to the ordinance. For the benefit of the public, Ms. Pyburn stated the ordinance is proposing to prohibit shark fishing within 300 feet of the municipal beach. Mayor McDuffie declared the public hearing open. Sean Paxton, 6672 Marins Road, North Port, FL 34287 (sueakin~ on behalf of the International Land Based Shark Fishing Association), stated his reason for being present is the following. (1) bring to light certain key facts surrounding the origin of the proposed ordinance, (2) responsibly and respectfully address the ordinance, and (3) propose a fair balanced and reasonable solution to this matter. Mr. Paxton stated he is a policy advisor in the related realms of sport fishing and marine conservation and visibly active in public education, safety campaigns, and to dispel the myths about sharks while increasing awareness and respect for them as an invaluable natural resource. Mr. 14 07/21 /09 Paxton read a brief statement into the record and urged the Commission to postpone this ordinance in the interest of more rational consideration of the facts. Zack Miller, 2200 N. Conference Drive, Boca Raton, stated he is a recreational angler who frequents the City's municipal beach on an almost daily basis. Mr. Miller stated for 4-5 years he fishes responsibly at the north end of the beach. Mr. Miller stated he has caught every species that inhabits Delray's waters on a daily, weekly, and seasonal basis and asked what the precise definition of a shark rig is. He stated he has caught sharks on baits and rigs intended for a variety of other surf species. Mr. Miller asked if the City can define the use of shark fishing as the use of large equipment and hooks while fishing. He stated they target tarpon, cobia, and even an occasional live grouper along with many other wild species caught on wire rigs and wild bait like barracuda and king fish. Mr. Miller stated many of the techniques used to capture these species can also yield a shark. He commented about the ordinance where it states "cut bait shall be prohibited" and asked if this means the police will escort him of the beach for fishing for shrimp in the winter time. Mr. Miller stated sharks are occasionally caught using shrimp, squid, and cut bait, or what if he wanted to catch bluefish on something as artificial such as a spoon and a shark eats that. He stated the way this ordinance is written it puts all recreational anglers rights in jeopardy and basically states that no type of fishing will be permitted on the City of Delray's beaches. Mr. Miller stated this will hurt not only residents but tourists who come to this area for what makes Florida famous its fishing and beaches. He stated he has never seen anyone fish irresponsibly and has never seen a dead shark wash ashore after a release and everybody fishes after the lifeguards leave prior to dusk and through the night not while swimmers are not present. Mr. Miller urged the Commission to come to a compromise that both sides can adhere to. Robert Dion, 628 S.E. 5th Street, Delray Beach, stated he is in favor of the shark fishing ban not because of the fear of sharks but because of consequences we have seen increasing from this activity. For example, Mr. Dion stated dead sharks have washed up on shore, fisherman have thrown bait (fish heads and chopped up fish pieces) into the shallow water where people are swimming during the day. He stated on a weekend day a woman snorkeling swam right into this bait in 3 feet of water and people on the beach saw fisherman throwing it into the water. Mr. Dion stated this is also a shark fishing club that advertises extreme shark fishing who recently had a party on the beach and were trying to recruit new members. He stated this was the same day as the incident with the bait being thrown in the water. Mr. Dion stated he asked one of the shark fisherman how he gets the shark back to his vehicle and he informed him that he drags the shark up to his car and if he is alone and it is too large to drag then he cuts it up right there on the beach. Mr. Dion stated at the time is was 5:00 p.m. and it was about 60 feet away from the lifeguard tower one block north of Atlantic Avenue. He stated these are not positive images for our beach and noted that Delray Beach is a family tourist destination that was elected by Travel Holiday Magazine as a top public beach in the southeastern United States for swimming and one of the top 35 beaches in the country. Mr. Dion stated we do not need to jeopardize this reputation. 15 07/21 /09 Brendal Davis, 1825 Palm Cove Boulevard, Delray Beach, stated she is a dive instructor and works in Fort Lauderdale and has been diving for the last 11 years. Ms. Davis stated she dives in the ocean every day and there is a massive decline in sharks. She stated for those sharks that are released post release survivability is uncertain as the catch is subjected to physical trauma and physiological stress that may result in terminal fatigue and death. Ms. Davis stated studies have concluded that recreational fishing for sharks is unsustainable under the current management regime. She stated not only is fishing for sharks detrimental to the shark populations but shore based fishing presents potential hazards and issues for this community. Ms. Davis stated regulations should be created that all shore based recreational fisherman must adhere to for the good of the community and the sharks, restricted areas, times and seasons, avoid sharks in any fragile reproductive stage, for fishing of a certain species and size as well as required equipment to minimize handling time and mandatory species identification training. Ms. Davis stated the fishermen have stated that they do not chum sharks to the beach and that it is 200-500 yards away but she stated that she has physically seen them and it has been closer to shore. Brooks Cram Paxton, II, 6654 Marius Road, North Port, FL 34287 (diver and shark conservationist), stated there was no slaughter on Delray Beach and despite the fact that recreational anglers have been doing this for decades there have been no shark attacks in 35 years. Mr. Paxton stated he does not think the right of laws can be passed based on the views of one extremist group that infringe on taxpayers and voters. He urged the Commission to deny or postpone this ordinance until a more rational and fair solution can be reached. Tom Argue, 1400 S.E. 2"a Court, Fort Lauderdale, FL 33301, stated he runs a website called boatlessfishing.com and it is all about land based fishing and they have about 3,500 users and he sees what is caught in and out every day from land. Mr. Argue stated sharks are there but the reality is that fishing does not bring sharks into your coast. He stated research shows that the sharks are there already. Mr. Argue stated most anglers are responsible and care about these fish especially the sharks. He stated they tag and release all sharks and in most cases they live. Mr. Argue stated they do not want a safety issue for the citizens in the water and suggested that the City make regulations that limit when anglers can fish, stop chumming in the water, and don't let people filet their fish on the beaches but do not put a ban across the board. Furthermore, Mr. Argue stated have the police enforce this and police the beach in an effort to help get those violators off the beach. He urged the Commission to research this issue further to find out what information is true and what is false. Shannon Bucemonti, 2945 S.W. 16th Street, Miami, FL, stated they have very large tackle and go a minimum of 200-300 yards off the beach and every bait that is leftover after they finish a nights fishing they take right to the trash can which is dumped the next morning. Mr. Bucemonti stated the hours they fish is always at nighttime with no one in the water and they leave before the sun comes up. He stated they never leave any bait and they never chum and reiterated that anything that is leftover is thrown away. 16 07/21 /09 Kaylee Green, 2823 S.W. 2na Street, Delray Beach, FL, stated she does not think that the endangerment of a potentially extinct species should be at risk in lieu of recreational fishing. Ms. Green stated we should address the fact that we are bringing apex predators closer to shore for our swimmers and that these apex predators control our oceans and everything underneath them. She stated sharks have not evolved in millions of years and they are evolutionarily perfect. Ms. Green stated the sharks control our entire oceans and our oceans give us 70% of the oxygen that we breathe in every day. She stated she jogs along A-1-A before the sun goes down and this is how she found out about the shark fishing club otherwise she would not have known about it because she does not jog at night. Pat DiRiadin, 1332 S.W. 4th Court, Fort Lauderdale, FL, stated he is baffled by this proposed ordinance because Delray Beach has not had a shark attack in 33 years which made researching Delray shark history impossible. Mr. DiRiadin stated he has been diving for 35 years and has traveled to numerous islands and the Caribbean along with his wife and two children who are master divers and master instructors. He stated they have had thousands of dives with sharks and have never had a bad experience with them. Mr. DiRiadin stated due to Delray's lack of any data on shark attacks he decided to use the Daytona Volusia County ban for his research due to its proximity and history to Delray Beach. He stated Volusia County is the shark attack capital of the U.S. with more attacks than the rest of the nation. Mr. DiRiadin stated this same ordinance was proposed and passed in Volusia County almost ten years ago and has been enforced ever since at substantial cost to the people of Daytona and Volusia. He stated the ban has been an epic value because shark attack numbers have not changed much at all and are on track to break all known records this year. Mr. DiRiadin stated most of the documentation he has provided is from the International Shark Attack File (ISAF) which is a recognized authority in shark attack incidents and from everything he has read on their website with regards to the documentation, shark attack frequency is a simple matter of numbers. He stated the more people that enter the water the greater the risk of encounter. Mr. DiRiadin entered his statement into the record. William Fondora, 1230 North Drive, North Miami Beach, FL 33179, stated on behalf of the South Florida Shark Club he thanked everyone for the opportunity to express their views on this matter. Mr. Fondora stated they do not bait or chum sharks to the beach but instead the shark fisherman take their baits out on kayaks and drop them 200-500 yards away from the shoreline usually at night. He challenged the City to find one instance where a shark attack on a beach shore occurred because of someone shark fishing nearby. Mr. Fondora stated in the 40 years that they have been shark fishing from Florida beaches they have never seen or heard of a bather attacked anywhere near a shark fisherman. He stated shark attacks are very rare and in Florida you are more likely to be struck by lightning than you are to be bitten by a shark. Mr. Fondora stated fishing and hunting are great American traditions and noted that Ernest Hemmingway was a onetime shore bound fisherman and fished the overseas highway bridges when he lived in Key West. Mr. Fondora stated he and other shark fishermen are big game hunters only without the expensive boats. He feels it would be a travesty to discriminate against this type of fisherman while the others are free to exercise that great American tradition. Mr. 17 07/21 /09 Fondora stated fishing has saved many young men involved in a life of crime on the streets of South Florida and the South Florida Shark Club have maintained a tradition of taking under their wing troubled teenagers and teaching them the sport in a responsible way. He urged the Commission to not ban shark fishing from Delray Beach. Herbert Mueller, 4520 S.W. 163rd Path, Miami, FL, 33185, distributed a booklet from the Florida Museum of National History at the University of Florida and the Florida Museum of Natural History. Mr. Mueller stated shark attacks are not from people going fishing to the beaches but is because the sharks are there already. He stated the shark attacks are driven by population and the higher the population the higher the shark attacks. Mr. Mueller stated in 126 years we have had 610 shark attacks in Florida. He stated the most people that are bitten by sharks are surfers and swimmers and if the City is going to ban the beaches from shark fishing because of public safety they should consider banning surfing and swimming as well. Mr. Mueller referenced a news report on the sharks' migration (i.e. black tips and the spinners) that by the thousands come to South Florida and no one can stop because that is their natural habitat. He stated the more people that there are at the beaches and shores the more shark attacks you will see. He stated they do most of their fishing at night and sometimes they go to a desolated beach they may do some fishing up to 8:30 or 9:00 a.m. and go to that beach at 5:00 or 6:00 p.m. Mr. Mueller stated by nature most sharks feed at night although you may get a straggler during the day but they would be wasting their time. Mr. Mueller urged the Commission to reconsider this ban and come up with a compromise. Jason Coss, 225 N.E. 1st Street, Delray Beach, FL 33444, stated he frequents these beaches because he grew up in Florida and has been here his entire life. He stated he walks every morning and snorkels at the south end of the beach every night. Mr. Coss stated he swam into a chum bag last week not for the first time and every morning he picks up garbage along his walk. Clove (last name unclear), 1420 Brickel Bay Drive, Miami, FL, stated he is 18 years old and his favorite type of fishing is shark fishing. He stated he will be attending the University of Miami for Marine Science and commented about the catch and release species. Josh Jorgensen (Physicist and Micro Research Scientist) stated he is from Canada and his uarents own a condo in Riviera Beach, stated he is the Director of the Black Tip Challenge which is a land based shark fishing tournament. He stated that charming is very difficult on a beach. Jessica Toledo, 2823 S.W. 2nd Street, Delrav Beach, FL, supports the ban of shark fishing on the beach and the shark population is down 75-90% and this could potentially have a lot to do with the shark fishing. Pauline Moody, 609 S.W. 8th Avenue, Delrav Beach, FL 33444, stated sharks are going to fish on you when they are hungry whether it is day or night. Ms. Moody stated if someone wants to shark fish they should go as far out as the cruise ships 18 07/21 /09 go because you do not have to worry about anyone getting hurt because you are way beyond the 300 feet. She stated there should not be fishing of any kind at night and in the morning the beach should be clean. Courtney Salamone, 1010 N.E. 8th Avenue Unit #35F, Delray Beach, FL, 33483 (boat captain, scuba diving instructor, dive master and Marine Biolo~y maior (under~rad), stated baiting the water near the beaches even if it is 200-500 yards from public swim areas is still what she considers in the vicinity. Ms. Salamone stated any animal comes to food for example seagulls congregating where the beach is most heavily populated and feels that feeding the wildlife creates aggressive behavior. She stated South Florida Shark Club's website was disturbing to her and while catch and release is allegedly practiced there are many pictures of dead sharks. Ms. Salamone stated it is tragic, wasteful, and inhumane. She stated even with catch and release deaths occur due to various factors. Ms. Salamone made a reference to Biscayne Bay National Park where a lady was swimming in the area of someone who was shark fishing and the fisherman caught the shark and the shark broke free from the line and bit the woman in the thigh. In addition, she stated there is also a video on YouTube that shows a shark fisherman on the beach getting bitten by a shark and then he tries to remove the hook and the video is shot in broad daylight and the title says "Delray Extreme". Ms. Salamone urged the Commission to keep shark fishing off our beaches. Jim Abernethey, 712 Pelican Way, North Palm Beach, FL 33408 (speaking on behalf of Marv O'Malley who is a Delray Beach resident), stated he has been a shark expert for the last 15 years and has spent his entire life at sea with sharks. Mr. Abernethy stated the real issue is that sharks are being wiped out at a rate that they will not rebound from and as the apex predator once they are wiped out there will be a catastrophic failure tropic levels will fall apart and it is already happening in New England and the ocean will start to fall apart. He stated Delray Beach is a seaside community and this area has been built up as a destination as an area where anyone would love to live. Mr. Abernethey urged the Commission to do the right thing and protect these creatures that desperately need our help. He stated he does not feel that shark attacks are an issue at all. Mr. Abernethey stated the problem is once the fish is hooked that struggling fish whether it be a shark or another fish will emit an electric stimulus and vibration that swimmers cannot hear at all but sharks can hear it from far away. He stated to a shark the vibration and electrical stimulus that they feel means that there is definitely a meal at the end of the trail. Mr. Abernethey stated the shark comes in at full speed and they see a baiter's foot and they take a bite and ignore it because they actually wanted the fish. Adam McTulick, 1010 N.W. 132"a Avenue, Sunrise, FL 33323 (member of the South Florida Students Shark Pro~am out of the University of Miami, has a Bachelors of Science Degree in Marine Science and Biolo~y from the University of Miami, and is working on a Masters Degree in Science at Nova Southeastern University and his research is re~ardin~ sharks), stated part of the problem is when you put something in the water and you have a shark near the beach regardless of whether or not it is put 200-500 yards out the shark still comes in within the 19 07/21 /09 300 feet of the beach. He stated that vibration attracts sharks because there is a potential meal there. Mr. McTulick stated to increase tourism on the beaches you need more people and the more people in the water means a higher risk of shark attacks especially if there is a higher number of sharks by baiting and sharks being caught on line. He stated if these were something like rabbits that breed quickly this may not be as big of an issue but the problem is sharks are in decline up to 90% of their population. Mr. McTulick stated we can create regulations to restrict on this Delray beaches so that there can be fishing because he respects that people do have the right to fish. He stated the problem is that it is not sustainable the practices that they are using. Mr. McTulick suggested some kind of regulation that highly restricts shark fishing but does not ban it altogether and we have the responsibility to make sure that the sharks are protected because they cannot protect themselves. He feels if the Commission denies this ban the City would be placing people and sharks at risk. John Doors, Juuiter Drive Juuiter, FL, stated that the Captain baits sharks and draws them to his boat as part of his living and nobody has gotten bit. He stated there are no dead sharks on the website that was referenced. Lillian Mueller, 4520 S.W. 163rd Path, Miami, FL, 33185 (wife of Herbert Mueller), stated her husband loves fishing and is a conservationist. Mrs. Mueller stated he has taken young men under his wing and has taught them how to shark fish and how to properly bring them in and how to take them out. She stated she has personally been fishing with him and there is no harm to these fish. Mrs. Mueller stated the fishermen go at dusk and leave at dawn. Jennifer Cassman, 8581 Telberry Lane, Boca Raton, FL (business owner in Delray Beach), stated her son is 14 years old and has been befriended by these gentlemen as far as shark fishing. Ms. Cassman stated she knows where he is on a Friday or Saturday night and she knows what he is doing. She stated with regard to the chum bags and other things that the divers are swimming into, who is to say that it does not come from another boat and how do we know it is because of them. Julian Monday, 1023 Vender Avenue, Delrav Beach, FL, stated he has been shark fishing for several years and has only had one shark die in all those years out of about 200 sharks. He stated the organization is all about conservation and teaching future anglers to keep the population of the sharks up. Chris Nicklin, 1454 S.W. 4th Avenue, Delrav Beach, FL, stated both sides have made some very good points; however, asked that everyone come to a compromise. There being no one else from the public who wished to address the Commission regarding Ordinance No. 37-09, the public hearing was closed. Mr. Frankel asked if regular fishing is allowed at the beach. Terrill Pyburn, Assistant City Attorney, stated regular fishing is allowed at the beach, however, 20 07/21 /09 the lifeguards direct them to go to the north end of the beach (north of Atlantic Avenue). Mr. Frankel stated he loves Delray Beach and he has seen sharks in the waters and we are lucky to have such a great staff of lifeguards who win competitions and are among the best in the State of Florida. He stated you have to balance the sport of shark fishing versus the safety of our swimmers and balance the anglers' right versus the rights not to swim with sharks. Mr. Frankel stated the points made this evening are very good and tonight he has heard many Delray Beach residents in support of the ordinance and therefore he supports the ordinance as well. Mr. Fetzer stated he is a sport fisherman and considers himself to be a conservationist and the beach in Delray Beach is an extremely important resource to our city. He believes that we need to try to have the regulations on our beach so that it is a safe place for residents. Mr. Fetzer stated he feels chumming and doing some of the things that are going to be prohibited in this ordinance make it a less safe place. He feels that safety is the issue and supports the ordinance. Mr. Eliopoulos expressed concern over the act of chumming on the beach. He stated he goes to New Smyrna Beach and has been going there for the last six years and there is a difference with their beaches because it is so overrun with activities. Mr. Eliopoulos stated Delray Beach only allows swimming and there are boats at the south and north end. He stated he is happy that we have not had a shark attack in 34 years but he does not want to jeopardize those odds and start having chumming off of our beach. Mr. Eliopoulos stated it appears that the chumming is drawing the sharks in and understands the sport of it. He is concerned with public safety and that the citizens are able to swim on this beach. Mayor McDuffie stated he is a recreational fisherman and diver and former employee of the Bureau of Sport Fisheries and Wild Life of the United States Department of Interior and former employee of Florida Game and Fresh Water Fish Commission and has experienced many years of what many people are speaking of tonight. Mayor McDuffie stated when this issue came up he asked the Attorneys to make certain that they did not craft something that was going to compromise the ability of recreational fishermen to fish from the City of Delray Beach public beaches. He stated the issue at that point was chumming from the beaches and trying to attract predators to the beach. Mayor McDuffie stated sharks have far more to fear from us than we have from them. He stated this is a public safety issue and would like to make sure that the ordinance is clear to the point where sport fishermen have the ability to fish from this. Mayor McDuffie stated there is no way you can determine what is going to bite at the other end of the hook and the discussion with the Attorneys was that if you catch it you release it. He stated there is no way to regulate exactly what happens with equipment on the beach and noted that the City is trying to keep the treasure that is our public beach safe for the people who come to Delray Beach for the utilization of the beach. Mayor McDuffie stated it is a treasure of ours and it is something that we want to keep safe for our bathers. Ms. Pyburn stated Atlantic Dunes Park is included in the municipal beach 21 07/21 /09 (within 300 feet of the municipal beach). She stated this would be enforced mostly by the Police Department since shark fishing is usually an event that occurs in the evening after hours; however, to the extent it occurs during the day, it would be enforced by Code Enforcement and would be a civil citation. Mr. Eliopoulos asked what time the beach closes. Ms. Pyburn stated the beach closes at sunset. Mayor McDuffie stated the City of Delray Beach does not prohibit someone from using cut bait on a hook to fish from a recreational standpoint off of Delray Beach. Ms. Pyburn suggested that the Commission clarify Section 101.37(B) of the ordinance. Mr. Eliopoulos moved to adopt Ordinance No. 37-09 on Second and FINAL Reading by adding the language to Section 101.37(B) to include "this shall not prohibit someone from using a piece of cut bait on an individual line that is used for general fishing", seconded by Mr. Fetzer. Upon roll call the Commission voted as follows: Mayor McDuffie -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. Frankel - Yes. Said motion passed with a 4 to 0 vote. 10.D. ORDINANCE NO. 32-09 (FIRST READING/FIRST PUBLIC HEARING): Consider acity-initiated amendment to the Land Development Regulations (LDR) Section 4.4.13(B)(3), "Principle Uses and Structures Permitted", to clarify that "Public Open Space/Plaza", is a principal (permitted) use within the Central Business District (CBD). If passed, a second public hearing will be held on August 4, 2009. The caption of Ordinance No. 32-09 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 AMENDING SECTION 4.4.13, "CENTRAL BUSINESS (CBD) DISTRICT", SUBSECTION (B), "PRINCIl'AL USES AND STRUCTURES PERMITTED", TO CLARIFY THAT PUBLIC OPEN SPACE/PLAZA IS A PERMITTED USE IN THE CENTRAL BUSINESS DISTRICT; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTNE DATE. (The official copy of Ordinance No. 32-09 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 22 07/21 /09 and the Charter of the City of Delray Beach, Florida. Paul Dorling, Director of Planning and Zoning, stated this is to clarify that public open space/plazas are a permitted use in the CBD (Central Business District) zoning district. Mr. Dorling stated the current LDRs allow several public facilities in the CBD District; however, it is mute with respect to the existing parks such as Worthing Park and Sarah Gleason Park and the proposed open space plaza currently proposed at the southwest corner of West Atlantic Avenue and S.W. 5~' Avenue. At its meeting of June 15, 2009, the Planning and Zoning Board considered the text amendment and the Board recommended approval with a 4 to 0 vote. Mayor McDuffie declared the public hearing open. There being no one from the public who wished to address the Commission regarding Ordinance No. 32-09, the public hearing was closed. Mr. Fetzer moved to approve Ordinance No. 32-09 on First Reading/First Public Hearing, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. Frankel -Yes; Mayor McDuffie - Yes. Said motion passed with a 4 to 0 vote. 10.E. ORDINANCE NO. 33-09 (FIRST READING/FIRST PUBLIC HEARING): Consider acity-initiated amendment to the Land Development Regulations (LDR) 2.4.3(x), "Fees", Sub-subsection (1), "Development Applications", Sub- subsection (3), "Permit Fees", to provide for an increase in such fees. If passed, a second public hearing will be held on August 4, 2009. The caption of Ordinance No. 33-09 is as follows: AN ORDINANCE OF THE CITY OF COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SUBSECTION 2.4.3(x), "FEES", SUB-SUBSECTION (1), "DEVELOPMENT APPLICATIONS", SUB-SUBSECTION (3), "PERMIT FEES", TO PROVIDE FOR AN INCREASE IN SUCH FEES; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTNE DATE. (The official copy of Ordinance No. 33-09 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. 23 07/21 /09 Paul Dorling, Director of Planning and Zoning, stated the fee schedules had not been changed for many years and in 2003 the City Commission directed staff to process changes as needed every two years. Staff has researched adjacent municipality fee schedules for similar development activities and has determined that an additional increase in the Development Application fees of 5% is justified. The proposed amendment also establishes a new fee of $150.00 for legal review of documents, a fee of $75.00 for an applicant's request for postponement or continuance at the Board meeting, a fee of $50.00 for "stand alone" bar requests, and a re-submittal fee of $200.00 to be charged on the 3rd and subsequent re-submittals of the development proposals. Also, proposed to the sliding fee structure for site plans, master plans and plat applications for parcels which contain less than 3 acres but may have floor areas in excess of 100,000 square feet or contain over 100 residential units. Mr. Dorling stated the smaller projects were paying the same fee as the very large projects and the very large projects take a lot more staff time and a lot more review. He stated there are no increases in any of the historic preservation fees because staff wants to encourage that activity. Mr. Dorling stated there is a splitting of a fee for zoning verification letters pertaining to the interpretation of the existing LDRs for a specific use in the amount of $60.00 (one-half reduction of the current fee). However, requests for zoning verification letters that require research pertaining to previous development activity will be assessed the base fee of $130.00 plus an additional fee of $35.00 per hour for research exceeding 2 hours. At its meeting of June 15, 2009, the text amendment was considered and the Board requested that the re-submittal fee of $200.00 be clarified so that such fee would only be assessed if the 3rd and subsequent re-submittals are required because initial technical comments were not addressed in previous submittals and are not a result of new comments or revised proposals necessitated by staff comments. No one from the public spoke on the issue. The Board recommended approval with a 4 to 0 vote (John Miller, Chuck Halberg and Deborah Dowd absent). Mr. Eliopoulos stated that the City just raised the rates in the North Beach Seagate Overlay District. Mr. Dorling stated that fee is a piece that the City charges for review and then there is a fee that is apass-through fee for the outside agency that reviews the applications. Mr. Dorling stated the increase last year was a result of the pass-through that the other firm had raised their rate and the City's part was not raised last year. He noted that the City raises the fee every two years and that was aone-year cycle. Therefore, staff is requesting to raise the development application fees 5%. Mr. Eliopoulos expressed concern with hitting the residents in the North Beach Seagate Overlay District so quickly with another rate. Mr. Dorling stated staff has contacted the firm that does that and they have agreed to maintain their fee schedule for next year. Mr. Dorling stated the fee is a $900.00 fee that is charged by an outside agency and then there is a $500.00 that is the application fee for the City (combined $1,400.00). He stated the $500.00 piece has not been raised for two years. However, last year the piece that is charged by the outside agency was raised from $800.00 to $900.00. Mr. Dorling stated if that is the desire of the Commission staff can take that 5% they are proposing for that one line item and modify it for second reading. 24 07/21 /09 The City Manager stated it would be item "bb" to keep it at $1,560.00 instead of increasing it to $1,640.00. Mr. Frankel made reference to Section 2(1)((b) in the ordinance and asked for clarification on the definition of DRI. In response, Mr. Dorling stated DRI stands for Development of Regional Impact and the new law 360 basically eliminated that requirement and therefore the City is eliminating the fee. Mr. Frankel stated the millage is proposed to be increased 17% and staff proposes to raise the development application fees 5%. Mr. Frankel stated he proposes to raise the development application fees approximately 10-12%. Mr. Eliopoulos asked how the City of Delray Beach compares to other municipalities. Mr. Dorling stated we are about mid-range (average). Mr. Fetzer stated this is a balancing situation because the ad valorem tax problems are not going to be solved by these fees. He feels what is being proposed is reasonable and he trades off the balance of promoting development through a reasonable set of fees. Therefore, Mr. Fetzer stated the proposed increase is reasonable and supports it. Mr. Fetzer clarified that he supports leaving the proposed fee at $1,560.00 instead of raising it to $1,640.00 and the rest of the fees would remain the same. Mayor McDuffie concurs with comments expressed by Commissioner Eliopoulos and he does not want to double dip. He stated increasing fees or increasing millage rates we are still charging our citizens. Mayor McDuffie declared the public hearing open. There being no one from the public who wished to address the Commission regarding Ordinance No. 33-09, the public hearing was closed. Mr. Eliopoulos moved to approve Ordinance No. 33-09 on First Reading/First Public Hearing as amended, seconded by Mr. Fetzer. Upon roll call the Commission voted as follows: Mr. Fetzer -Yes; Mr. Frankel - No; Mayor McDuffie - Yes; Mr. Eliopoulos -Yes. Said motion passed with a 3 to 1 vote, Commissioner Frankel dissenting. 10.F. ORDINANCE NO. 35-09 (FIRST READING/FIRST PUBLIC HEARING): Consider a city initiated amendment to Land Development Regulations (LDR) Section 4.6.9, "Off-Street Parking Requirements", Subsection (C), "Number of Parking Spaces Required", Sub-subsection (8), "Multiple Uses", Paragraph (A), "Shared Parking", to allow the utilization of the shared parking calculations table for mixed-use developments when there is no residential use. If passed, a second public hearing will be held on August 4, 2009. 25 07/21 /09 The caption of Ordinance No. 35-09 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES, BY AMENDING SECTION 4.6.9, "OFF-STREET PARKING REQUIREMENTS", SUBSECTION (C) , "NUMBER OF PARKING SPACES REQUIRED", SUB-SECTION (8), "MULTIl'LE USES", PARAGRAPH (A), "SHARED PARKING", TO ALLOW THE UTILIZATION OF THE SHARED PARKING CALCULATIONS TABLE FOR MIXED-USE DEVELOPMENTS WHEN A RESIDENTIAL USE IS NOT PROVIDED, PROVIDING A SAVINGS CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTNE DATE. (The official copy of Ordinance No. 35-09 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 to remove the requirement that a residential land use component be included in a mixed-use development before it can utilize the shared parking calculation and it also expands the shared parking option to mixed use projects throughout the city. Current regulations require the project to have a residential component, and also limit the zoning districts to the CBD (Central Business District) GC (General Commercial), PC (Planned Commercial) and MROC (Mixed Residential Office & Commercial). Mr. Dorling stated staff believes it is appropriate to apply that same relief wherever mixed use development is proposed. He stated that requiring mixed use project to include a residential component was a deliberate decision when the shared parking calculation was initially enacted. The primary reason was to ensure a residential component be encouraged in the downtown. Mayor McDuffie declared the public hearing open. There being no one from the public who wished to address the Commission regarding Ordinance No. 35-09, the public hearing was closed. Mr. Eliopoulos stated in his practice when they look at these off-street requirements they look at whether it is a hotel versus an office and noted that it makes sense to try and have some of these other developments come on and take advantage of this. 26 07/21 /09 Mr. Frankel moved to approve Ordinance No. 35-09 on First Reading/First Public Hearing, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mr. Frankel -Yes; Mayor McDuffie -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer - Yes. Said motion passed with a 4 to 0 vote. 10.G. ORDINANCE NO. 36-09 (FIRST READING/FIRST PUBLIC HEARING): Consider acity-initiated amendment to Land Development Regulations (LDR) Section 4.3.4(x), "Development Standard Matrix", pertaining to setback requirements in the Residential Office District (RO). If passed, a second public hearing will be held on August 4, 2009. The caption of Ordinance No. 36-09 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES, BY AMENDING SECTION 4.3.4, "BASE DISTRICT DEVELOPMENT STANDARDS", SUBSECTION (K), "DEVELOPMENT STANDARDS MATRIX", TO CHANGE THE MINIMUM BUILDING SETBACKS FOR THE RESIDENTIAL OFFICE (RO) DISTRICT; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTNE DATE. (The official copy of Ordinance No. 36-09 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 a City- initiated amendment to the minimum building setbacks to the residential office zoning district and that district promotes incentive zoning for all the areas and redevelopment of those areas including retrofitting of existing structures to accommodate professional office and historic properties also to promote rehabilitation of residential structures into office use. Mr. Dorling stated this district is primarily located in Del-Ida Park and Dell Park subdivisions. He stated the large building setbacks for the district are hindering the rehabilitation of the residential structures into office uses and keeping this area from realizing its full potential. At its meeting of June 15, 2009, the Planning and Zoning Board considered the text amendment and the Board recommended approval with a 4 to 0 vote; at its meeting of June 17, 2009, the Historic Preservation Board (HPB) considered the 27 07/21 /09 proposed amendment and the Board expressed concerns about permitting additional development space for new construction, and that the proposed setbacks may erase the need for the variance incentive for contributing properties within the Del Ida Park Historic District. The Board recommended approval with the following changes: the side interior setback should be 10 feet; and the rear setback 15 feet, with the exception of those properties abutting the FEC Railway. The proposed setbacks by the HPB are consistent with R-1-AA, and/or the recent setbacks implemented by the Lake Ida Overlay regulations. At its meeting of June 25, 2009, the Community Redevelopment Agency (CRA) recommended approval of the reduced setbacks suggested by staff and supported by the Planning and Zoning Board. Staff recommends that the setbacks be reduced as originally proposed. Mayor McDuffie declared the public hearing open. There being no one from the public who wished to address the Commission regarding Ordinance No. 36-09, the public hearing was closed. Mr. Eliopoulos stated he supports staff's recommendation although he appreciates the concerns of the Historic Preservation Board. He stated some of these lots are very narrow and it is very tight to get a driveway around the house to get to the parking in the back and feels the 7 ~/z foot setback allows for that. Mr. Eliopoulos moved to approve Ordinance No. 36-09 on First Reading/First 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. Said motion passed with a 4 to 0 vote. At this point, the Commission moved to Item 11, Comments and Inquiries on Non-Agenda Items from the City Manager and the Public. 11.A. City Manager's resuonse to urior uublic comments and inquiries. The City Manager stated at the June 16, 2009 City Commission meeting some people expressed concern about the Commission's approval of the time extension for 1000 Palm Trail to allow that project to move forward. He stated with respect to parking associated with redevelopment of the site there are currently 15 spaces with the redevelopment and an additional 10 spaces will be provided including six on-street parallel parking spaces on Palm Trail. The City Manager stated these additional spaces should help alleviate past parking concerns. He stated another resident spoke about the condition of the building and said she would like to see it demolished. The City Manager stated it was determined that the masonry portion of the building was structurally sound and could be rebuilt from that. Secondly, the City Manager stated Mr. Ridley expressed concern about having a 100% tax credit low income housing project as part of the Villages. The Planning and Zoning staff is in agreement that it would be a detriment to the neighborhood and we continue to assert that a mixed income development as originally 28 07/21 /09 proposed is most appropriate. Staff expects to receive a request to modify the original approval and that may include a request to modify the approval to include a 100% tax credit low income project. The City Manager stated staff will keep the community informed if the City receives that type of application. The City Manager stated Ms. Willis expressed concern about an incident that occurred on her street on May 30, 2009. She stated at approximately 9:00 p.m. she and her daughter were sitting on their private property and she observed several men get out of their vehicles armed with weapons. The City Manager stated Ms. Willis called 911 to report the incident and this was investigated by the Police Advisory Board and Mr. Weil, Chairman of the Board, contacted Ms. Willis who stated the police took a long time to respond. After speaking with Mr. Weil, the Police Department requested that dispatch provide a copy of the tape and the call for service on the date and time in question. According to the transcript the call came in at 10:52 p.m. and there was a fight with guns involved. There were 3 officers and 1 sergeant dispatched to the call at 10:53 p.m. All officers arrived within 2-5 minutes within being dispatched. The City Manager stated this information was provided to Mr. Weil who in turn contacted Ms. Willis concerning this information. On July 13, 2009, Captain Sims attended the Police Advisory Board meeting. Mr. Weil advised that Ms. Willis planned on attending the meeting; however, once Mr. Weil provided her with the facts regarding her complaint she decided not to attend and she was satisfied with the report. On July 16th & 17th, 2009, Captain Sims left Ms. Willis two messages to contact him if she any other concerns regarding the incident. The City Manager stated Captain Sims spoke to Ms. Willis on July 17, 2009 regarding her complaint. During their conversation, Ms. Willis stated her complaint was not with the behavior of the officers because she felt that they performed their job and they were able to calm down her daughter during the incident. She advised that her complaint was that some of the officers did not know that the road was there and she was dissatisfied that the road was there at all. Some of the officers who responded from other beats that they do not normally cover did not know that the road had been extended. The City Manager stated they should not have stated that in the presence of the complainant and the Police Department will address that issue. Lastly, the City Manager stated Pauline Moody had made some comments about a broken vault/grave at the cemetery and that has been repaired. 11. From the Public. 11.B.1. Rose Hendrix, 318 N.W. 12th Avenue, Delray Beach, FL 33444, stated she was present at the July 7, 2009 City Commission meeting and made comments in reference to her 9 year old son losing his eyeglasses at the Rapids Water Park. The City Manager stated his understanding is that Ms. Karch had discussed this matter with Ms. Hendrix. Ms. Hendrix stated as of this date she has heard from no one at this time. Ms. Hendrix stated she asked for a response from the City Commissioners because there are several issues that need to be addressed. Ms. Hendrix stated it is her understanding that since she came on July 7, 2009 to voice her opinion in 29 07/21 /09 reference to the way that her child was treated at the Rapids, that Tonya Smith, Rodger Ribeiro, and Linda Karch has approached the City Attorney to try to have her children totally dismissed from the Afterschool Program and the Summer Camp. She stated she would like this to be investigated and requested a response at the next City Commission meeting if not before. Ms. Hendrix stated her 7 year old son is a straight "A" student who currently attends Morikami Elementary School and has no disciplinary issues at all and has never been dismissed from any program or any school In addition, Ms. Hendrix said her 9 year old son attends Don Estridge High Tech Middle School and is a straight "A/B" student with no disciplinary issues at all and has never been released, dismissed, or kicked out of any programs at all Ms. Hendrix requested a response to her concerns. 11.B.2. Clifford Wright, 3930 Lowson Boulevard, Delray Beach, FL 33445 (owner of Wright Communications Technolo~y located at 401 West Atlantic Avenue, Delrav Beach), read a memorandum dated February 12, 2009 into the record written by Terrill Pyburn, Assistant City Attorney (Agenda Item 9.D. from the City Commission meeting of March 3, 2009 -Selection of Consultant for the Green Task Force Online Meeting Bulletin Board). Mr. Wright stated since Wright Communications was the second bidder and ComputerWorx, Inc. rescinded, he feels that Wright Communications Technology should be awarded the bid. 11.B.3. Maxine Pierson, 10452 North Green Trail Drive, Boynton Beach, FL 33436 (Adiunct Professor at Palm Beach Community College, scent 8 years on an Economic Commission in Minnesota, and has done many thins with economic develoument and the Deuartment of Labor), stated she is sensitive to revenue enhancement and as a relatively new resident to Florida she became very frustrated because much to her surprise in Delray Beach there are no numbers on the buildings and the signage itself is so hidden behind shrubbery that it is not visible. Ms. Pierson stated she comes from a state where zoning and a number is sacred. She stated depending on the size of the building there are two foot high numbers on each side of the building. Ms. Pierson stated there is an office building on Congress Avenue in Delray Beach that is so poorly marked that the owner of the building gives instructions to staff when he expects someone to arrive almost expecting them to get lost. She stated there was a life threatening incident where an individual was having a heart attack in the lobby of this building and the business owner ended up running into the parking lot flagging down EMS because the building itself was so poorly marked. Ms. Pierson stated in terms of revenue enhancement and depending on the size of the building and where it is, the building must be visually marked, unobstructed by verdant growth, visible from the street, and two feet high on each side of the building. She stated the City could give someone 30 days to get the signage and if the signage is not there then another 30 days it is a $50.00 fine, another 30 days it is a $250.00 fine. Secondly, Ms. Pierson stated she feels there should be jobs for people in Delray Beach and stated there is a school for Certified Nurses Assistants (CNA's) and for people in healthcare and they desperately need funding for training. 11.B.4. Chuck Ridley, 210 N.W. 2"a Avenue, Delrav Beach, FL 33444, stated 30 07/21 /09 he was elated to hear that staff supports their concerns with regard to the Villages at Delray project (11 acres) and urged the Commission to also support staff. Mr. Ridley stated they have had the opportunity to have an in-depth conversation with Mayor McDuffie and it was very rewarding and helped them understand the project better. However, Mr. Ridley stated they are clear about the opportunity that this project brings but they are concerned about the negative impact if they lose sight of the big picture and only focus on the 11 acres which appears to be where we are right now. He expressed concern over what will happen with the negative impact on their community with the high concentration of low income rentals and noted that the density becomes an issue. Mr. Ridley stated that he hopes there is an opportunity to receive some stimulus dollars. 11.B.5. Marv Lou Ciambriello, 721 Lindell Boulevard, Delray Beach, FL 33444 (Realtor), stated in Delray Beach (incorporated and unincorporated) we have 2,916 homes for sale; out of those 2,916 homes for sale we have 128 in short sale status. Ms. Ciambriello stated there are 1,000 properties in pre-foreclosure, 74 in auction and 222 bank owned. She stated there are 250 that are contingent that will hopefully close and 236 that are pending. Ms. Ciambriello stated it takes approximately ten months to sell a house if they are lucky and not everything on the market today is sellable. She stated with regard to the tax issue, we are going to be pushing out people who come into Florida to buy, we have properties that are non-fundable, we have units where we cannot get loans because so many are behind in their taxes or HOA fees that banks cannot give loans. Ms. Ciambriello urged the City to address this issue and find some way to get these properties fundable. She also thanked the Commission for Ordinance No. 37-09. 12. FIRST READINGS: A. None At this point, the time being 9:13 p.m., the Commission moved to Item 9.D. of the Regular Agenda. 9.D. PUBLIC SAFETY SOFTWARE/REQUEST FOR PROPOSALS: Consider authorization for staff to issue Request for Proposal #2010-OS for procurement of a Public Safety Software System. Doug Smith, Assistant City Manager, stated the City contracted earlier this year with Barry Strock Consulting Associates, Inc. (BSCA) for assistance with the Request for Proposal (RFP) process for procurement of a Public Software System. Mr. Smith stated staff worked with Mr. Strock and noted there was a large group of Police and Fire staff along with IT staff went through the detailed specifications. Mr. Smith stated staff of those departments was unable to review a couple of further iterations of that and staff went through some further refining with the City Attorney's office. The proposal is to request a new Public Safety Records Management, Computer Aided Dispatch, and Mobile Data/Field Reporting Software System. Mr. Smith stated if the Commission approves this bid package would be due to be returned on October 8, 2009 and there would be a pre-bid meeting in-between that to explain some of the important points to the vendors. He stated they would expect a 4-6 month window to the point in 31 07/21 /09 time where this would come back to the Commission for recommendation for selection of a vendor. Mr. Smith stated there are some non-substantive changes that staff requests authorization for staff to make minor changes as approved by the City Attorney's office prior to this being released which they anticipate issuing before the end of this month. Mr. Fetzer stated he believes that you have to invest in technology and not be short-sided. He stated this has been part of the City's strategic plan for some time and he supports it. Mr. Frankel concurs with Commissioner Fetzer that this is important and hopes that the City does not have any problems with this RFP as they did with the computer program bid they discussed earlier. Mr. Eliopoulos concurs with Commissioner Fetzer and everyone is talking about the budget and how we are going to be handling things. Mr. Eliopoulos stated the real estate market really dies when you do not support your public safety and core services. He stated this is going to benefit us and we need to start working on this. Mayor McDuffie asked if the communications from Police and Fire are adequately reflected in the proposal so that it will convey to the perspective vendors what they desire in this package. Mr. Smith stated the important points that they have wanted to include are in the package and noted that there are some sections that may be weaved into another section in the proposal. However, he stated with this proposal combined with the detailed demos that they will have an opportunity to do that any question that Police and Fire staff may have that maybe did not get answered in this, will get answered in the demo process which is part of Mr. Strock's approach. Mr. Smith stated the Police and Fire staff has had multiple opportunities to review and they had no comments back from this last package that they received. Mayor McDuffie stated in the City of Delray Beach we are automated to an extent and we are not automated to the extent that we need to be. He stated there are things that automation can bring to us that it does not bring to us today that we miss things that we should not miss and we end up spending too much human man power time determining things that can be determined from an automated standpoint. Mayor McDuffie stated we need to put the tools in the hands in the firemen and policemen so that they can get the information that they need to arrive on time and arrive safely, be able to share information and be able to interface with the mapping systems, etc. The City Manager stated we have a situation now where Police officers enter reports on their laptops but the laptop cannot communicate with the mainframe so they have to download their reports and then manually re-enter them. The City Manager stated this should pay for itself overtime. Mr. Frankel moved to approve to issue Request for Proposal #2010-OS for 32 07/21 /09 procurement of a Public Safety Software System, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. Frankel -Yes; Mayor McDuffie -Yes. Said motion passed with a 4 to 0 vote. 9.E. PROPOSED MILEAGE RATE: Consider approval of a proposed millage rate for FY 2010, and set the budget review and adoption schedule. The City Manager proposes that the City go with the fully adjusted roll back rate of 7.65 mills which is a considerable increase over the current operating millage rate of 6.39. He stated even at that we were still almost $2 million short and staff has made a number of changes in the budget to make up that shortfall. The City Manager stated in order to do that there are two vacant positions in the Planning and Zoning Department that would be frozen, two Code Enforcement Officer positions that are vacant that would be frozen, five positions in the Police Department that would be frozen, defer the purchase of eight additional take home vehicles, reduce the transfer to the Capital Improvement Plan by $600,000.00 and there are additional line item cuts of $552,000.00. He stated that gets the City to the point where they would be balanced at 7.65 mills. The City Manager stated staff has every intention of reducing the millage rate below that before the budget adoption and noted there are two opportunities to reduce it (i.e. budget hearing on September 10, 2009 tentative millage adoption and again September 22, 2009 adoption of the final millage). The City Manager stated staff is in the process of developing a list of options for things that can be done to further reduce the millage. Some of those would involve negotiations with the unions. He stated all of the contracts are in a position where the City can negotiate anything they need to. For example, the City Manager stated if the City made the decision that we need to have furloughs we can go to all the bargaining units and negotiate that. The City Manager stated all the contracts are up for negotiation fully except to blue collar and that is open for a wage re-opener. He stated the City is trying to come up with ways of being able to continue the services we have provided and minimizing any layoffs we might have to do. The City Manager stated the Budget Task Force recommended a number of options for increasing revenues and we need to look at those. He stated we need to look at a fire service fee both the City of Boca Raton and the City of Boynton Beach are doing that which could provide several million dollars. The City Manager recommends having a second Budget Workshop on Tuesday, August 25, 2009. The total millage was 8.0 mills in 2002-2006 and in 2007 we started coming down. The City Manager stated to not grow above 8.0 mills we would need to be at 7.57 instead of 7.65 and he is reasonably confident that we would be able to do that. For example, he stated the City has a list of properties that they believe have committed homestead fraud and the City can generate several hundred thousand dollars in additional revenue once those properties are put on the tax roll without homestead exemption and that is with taking into account monies they may owe for back taxes for prior years. Therefore, the City Manager recommends increasing the millage rate to 7.65 mills. Mr. Fetzer asked what the final number was on the percentage reduction of property values. The City Manager stated the reduction in property values is approximately fifteen percent (15%). 33 07/21 /09 The City Manager stated that increase will hit the homestead properties whereas the commercial and non-homestead properties will end up seeing a tax decrease and some homestead properties that have been purchased in the last year or so will also see a decrease. However, the majority of people who have been in the same place for many years are going to see an increase which is the majority of the taxpayers. The City Manager stated most people got a significant reduction last year because of the additional $25,000.00 homestead exemption. Mr. Eliopoulos supports the Commission having several budget meetings. He will support the 7.65 mills only because we are going to start working at reducing it. The City Manager stated with regard to Fire Station #2, the budget has in it at this level $139,000.00 in overtime pay which will put the fifth person in that station Monday through Friday from 8:00 a.m. - 8:00 p.m. (peak call hours so that they would be fully staffed during those hours). Mr. Frankel stated he received numerous emails regarding the budget. He stated he reviewed the Budget Task Force Report and commented about the double overtime and the amount spent on all the festivals such as the multi-cultural festival and some consolidation to eliminate the duplication of City services. Mr. Frankel there is a lot of concern about the library as well. He stated a seventeen percent (17%) increase is a little high. Mr. Frankel stated every fee went up in Sharon Bock's office by ten percent (10%) and he feels there is a difference between taxes and fees going up because fees are elective. Mr. Fetzer stated he is having trouble with this level of an increase and feels this Commission has to think outside the box because they are faced with a challenge that is as big as any Commission has had to face as long as Delray Beach has been around. He stated the Commission needs to look at some very significant steps this year. Mr. Fetzer stated he would like to know what it would take to maintain the millage rate at 6.39 ($10.3 million gap) and the Commission can go to the residents of Delray Beach and say this is our analysis of what it is going to take to cut $10.3 million out of the budget for Delray Beach. Mr. Fetzer stated this way the Commission can make it clear to the public what services would have to be cut. Mr. Fetzer stated he cannot support increasing the millage rate to 7.65 mills. Mayor McDuffie stated the value of property within the Community Redevelopment Agency (CRA) went up thirty-seven percent (37%) in a single year and the entire value of the City of Delray Beach went up nineteen percent (19%) and then the bottom fell out. He stated what we are looking at today is basically a wash in an increasing millage rate, a decrease in value, a decrease in sales tax, a decrease in earnings and a decrease in everything else that we have. Mayor McDuffie stated the proposed millage rate will keep things at what we earned last year on a 6.39 millage rate. He commented about the furloughs which would add up to $1.8 million and if this were implemented they could furlough every employee for one day per month. Mayor 34 07/21 /09 McDuffie stated he looked at how many furlough days would the Commission have to take for every eligible employee of the City of Delray Beach to make up the difference they are looking at right now. He stated it is 69.4 work days for every employee in the City of Delray Beach to recover $10.3 million. Mayor McDuffie stated if the Commission makes these draconian cuts in the City of Delray to cut the budget it is bad for the city and the public. He stated if the City laid people off on a constant amount to get back to this millage with using 15% of City employees and there would be approximately 128 people on the street without jobs and consequently more foreclosures. Mayor McDuffie stated no one wants to raise the millage rate and he can support 7.65 mills because it has to be to the Property Appraiser's office by August 5, 2009 so it gets on the TRIM notice. He stated the Commission can reduce that but if they were to ask to increase it they would have to send out TRIM notices to every property owner in Delray Beach again and this is an expense we do not need to go through and it takes a 4 to 1 vote by the City Commission to do that as well. Mayor McDuffie stated this is the largest single decrease in value in revenue in the City of Delray Beach in the history of the city. He stated in the last three years the taxable value in Delray Beach has dropped $20 million. Mayor McDuffie stated they will work in every way that they possibly can to make sure that no one pays an inordinate amount of tax but there are services in the city that would devastate every business that the city has here. Mayor McDuffie stated if the City starts cutting public safety figures, etc. the City of Delray Beach would not be the same city as everyone knows it today. Mayor McDuffie stated the Commission will do everything possible for the citizens to produce the lowest tax rate they possibly can and still do business in the city. Mayor McDuffie stated he will support the millage rate at 7.65 mills as a preliminary with the understanding that we work diligently to reduce it. Mr. Eliopoulos stated the Commission previously talked about the city of Delray Beach going to a 37~/z hour work week and still leave the City open five days a week and asked if we know how much this would save the City. The City Manager stated a 37~/z hour work is difficult to do in public safety. That is where the furloughs work better although you would have to take the position that you are not going to fill that with overtime. The City Manager stated firefighters would be one shift every three months and it works out the same way and is roughly the same dollar value. The City Manager stated this would save the City approximately $1.8 million (1 furlough day a month for every employee). Mayor McDuffie stated $10.3 million would be 69.4 furlough days for every employee (almost 14 weeks). Mr. Eliopoulos stated this would only be taking it from one source. Mayor McDuffie stated he has looked at different scenarios and the Commission cannot look at this coming from just one place. Mayor McDuffie stated the millage rate does not mean taxes. He stated it takes a combination of the millage rate and the taxable value to come up with taxes. Mr. Frankel concurs with comments expressed by Commissioner Fetzer and stated he would like to see more information. 35 07/21 /09 Mayor McDuffie stated the proposed millage rate has to be sent to the Property Appraiser's office by Wednesday, August 5, 2009. The City Manager stated they have asked for the proposed millage rate by the end of this week. Mr. Eliopoulos moved to approve the unadjusted rollback rate (Amendment #1) to 7.3833 with the intention to reduce the millage rate further, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mr. Fetzer - No; Mr. Frankel -Yes; Mayor McDuffie -Yes; Mr. Eliopoulos -Yes. Said motion passed with a 3 to 1 vote, Commissioner Fetzer dissenting. 9.F. APPOINTMENT TO THE PUBLIC ART ADVISORY BOARD: Appoint one (1) regular member to the Public Art Advisory Board to serve a two (2) year term ending July 31, 2011. Based upon the rotation system, the appointment will be made by Mayor McDuffie (Seat #5). Mayor McDuffie stated he wished to appoint Mary Minieka as a regular member to serve a two (2) year term ending July 31, 2011. Mr. Frankel so moved, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mr. Frankel -Yes; Mayor McDuffie -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes. Said motion passed with a 4 to 0 vote. 9.G. APPOINTMENT TO THE DOWNTOWN DEVELOPMENT AUTHORITY: Appoint one (1) regular member to the Downtown Development Authority to serve an unexpired term ending July 1, 2010. Based upon the rotation system, the appointment will be made by Commissioner Fetzer (Seat #2). Mr. Fetzer moved to appoint Seabron Smith as a regular member to the Downtown Development Authority to serve an unexpired term ending July 1, 2010, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mayor McDuffie -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. Frankel -Yes. Said motion passed with a 4 to 0 vote. 9.H. FILLING UNEXPIRED TERM OF COMMISSIONER BERNARD: Consider the process for filling the unexpired term of Commissioner Mackenson Bernard. (ADDENDUM) Mr. Eliopoulos asked for clarification if this is the same format and the timeline as was done for former Commissioner Montague. The City Manager stated this is the same format. Mr. Fetzer stated he does not recall the City accepting applications for that long. The City Manager stated the City had less notice with former Commissioner Montague's resignation. Chevelle D. Nubin, City Clerk, stated the last time a Commissioner resigned the application period was open for two weeks. 36 07/21 /09 The City Manager stated the Commission can open application period whenever they choose. Mayor McDuffie stated he would like to see the procedure clarified in writing so that the Commission can see exactly how that vote goes. Mr. Fetzer stated he would like to do this sooner because he feels that the Commission needs another person to help with the budget. Mayor McDuffie stated Commissioner Bernard does not leave until August 25, 2009 and therefore they cannot seek someone before he is gone. Mr. Frankel asked how the interviews were conducted and if it was a group interview. Mayor McDuffie stated some did phone interviews, some did personal interviews face-to-face, and some Commissioners did interviews over a course of days. Mayor McDuffie stated he did his interviews in one day in a conference room at the Civic Center. The City Manager suggested to approve the process as outlined and stated if the Commission would like to set a specific date on when they want to start accepting applications his memorandum does not address that; it only states that we should complete no later than August 31, 2009. Brief discussion continued between the Commission and the City Manager regarding when to start accepting applications and the cutoff date. Mr. Fetzer suggested that as soon as the City advertises for Commission Seat #4 then he would like to immediately start accepting applications. The rest of the Commission concurred with Mr. Fetzer. The City Manager stated if the Commission wants to stop accepting applications sooner than August 31, 2009 that is fine as well Mr. Fetzer stated if the Commission sets the cutoff sooner than August 31, 2009 it would give the Commission a little more time to do the interviews. It was the consensus of the Commission to start accepting applications on Tuesday, August 11, 2009 for Commission Seat #4 (14 days prior to Commissioner Bernard resigning on Tuesday, August 25, 2009) and set the cut-off date for Tuesday, August 25, 2009. Mr. Eliopoulos moved to approve the process as outlined, seconded by Mr. Fetzer. Upon roll call the Commission voted as follows: Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. Frankel -Yes; Mayor McDuffie -Yes. Said motion passed with a 4 to 0 vote. 9_I. REVISED PURCHASE AND SALE AGREEMENT/EAGLES NEST PROPERTY: Consider approval of the Revised Purchase and Sale agreement between the City of Delray Beach and Ginette Louis for purchase of the Eagles Nest property 37 07/21 /09 located at 46 N.W. 12th Avenue. (ADDENDt711~ Terrill Pyburn, Assistant City Attorney, stated this item is amending a prior agreement that the Commission approved on June 2, 2009 and staff had to remove some items from the agreement in order to meet the lender's requirements. Ms. Pyburn stated this is the property the City is selling in conjunction with the City's agreement Eagles Nest to a homebuyer that meets their requirements and staff was hoping to facilitate their closing a little more quickly but there were items in the agreement that the lender would not approve as proposed. Ms. Pyburn stated the City was trying to let the homebuyer select the appliances but the lender indicated that the appliances have to be provided in the property to begin with. So, instead City staff met with the buyer ahead of time and let them pick out the items and installed them in the house so once they take ownership it will not be an issue. Mr. Frankel moved to approve the Revised Purchase and Sale Agreement between the City of Delray Beach and Ginette Louis for the purchase of the Eagles Nest property, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Said motion passed with a 4 to 0 vote. At this point, the time being 10:05 p.m., the Commission moved to Item 13, Comments and Inquiries on Non-Agenda Items from the City Manager, City Attorney, and City Commission. 13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS. 13.A. City Manager The City Manager stated at the Workshop meeting last week there was discussion of the Old School Square Parking Garage retail space coming back to the Commission this evening. He stated the City's appraiser stated it would be at least two weeks before she got her appraisal in. Also, the City Manager stated staff has had the City's Bond Counsel review these proposals and he informed the City that the maximum lease purchase term is 18 months or the City would run into legal problems with the bond issue. The City Manager stated with regard to a concern expressed by Mr. Eliopoulos about the Shore Restaurant the Planning Director said he received an inquiry about two months from another restaurant operation but has not heard anything further from them. Mr. Eliopoulos asked if there is anything the City can do about the appearance of this property so that it is not such an eyesore. The City Manager stated once this goes beyond a certain length of time the City can make them demolish it and does not believe they are at that time limit yet. The City Manager stated Mr. Eliopoulos had also inquired about the status of the Hilltopper Stadium and noted that the bleachers are half done and should be finished within the next day or so, all the painting is done, and all the sod is in. The City Manager stated the remodeling of the restrooms is not quite finished and the City has a 38 07/21 /09 meeting with the School District on August 5, 2009 concerning parking and traffic during the construction period. 13.B. City Attorney The City Attorney had no comments or inquiries on non-agenda items. 13.C. City Commission 13.C.1. Mr. Fetzer Mr. Fetzer had no comments or inquiries on non-agenda items. 13.C.2. Mr. Eliououlos Mr. Eliopoulos thanked the City Manager for the information regarding Hilltopper Stadium. Mr. Eliopoulos stated his concern is the parking will be in the middle of the City's budget meetings and if there is not proper parking out there then both soccer and/or football starts, this place is going to be jammed packed and we will not be able to focus on a budget. He stated he is happy that the City is having the meeting on August 5, 2009 with the School District and see if this can be worked out with the School Board and/or the contractor. Secondly, Mr. Eliopoulos stated with regard to the public speaking on the shark ordinance he asked for clarification regarding individuals getting 6 minutes to speak if they belong to an association. Mr. Shutt stated the City has those rules for the quasi judicial procedures; however, for the legislative format in the past we have normally allowed that if people belong to an organization we let them speak. Mr. Shutt stated this may not be clear in the rules that pertain to this. Mayor McDuffie stated it would be nice for the Commission to have procedures that are cut and dry. Lastly, Mr. Eliopoulos stated that Commissioner Bernard initially brought this up at the Commission's late meeting and noted that the Commission has to vote at 11:00 p.m. to proceed past its cutoff time. Mr. Eliopoulos suggested that the Commission vote again at midnight in an effort to end the meeting and not let it extend beyond this time. Mayor McDuffie concurred and noted a meeting extending until 2:00 a.m. is extraordinary. 13.C.3. Mr. Frankel Mr. Frankel distributed an article (sent to him from Officer Sal Arena) from the Sun-Sentinel to the Commission regarding pain clinics and noted there is one operating on Swinton Avenue. He stated according to the article Coconut Creek placed a moratorium on such businesses. Mr. Frankel stated this is an increasing problem that needs to be addressed. The City Manager stated he thought that the Legislature adopted something this year. Mr. Frankel stated the Legislature held off seven years before 39 07/21 /09 adopting a plan and Governor Crist signed legislation this month but it is going to take a couple of years for the statewide prescription monitoring program to be up and running. Mr. Eliopoulos stated staff is working on this. 13.C.4. Mayor McDuffie Mayor McDuffie asked if there have been any more incidents on the south parking lot on Seacrest Boulevard (southwest corner of the parcel) of breaking and entering into automobiles. Mr. Eliopoulos stated the City can check with the Police Department but the Seacrest Soccer Complex is closed and Hilltopper it is not being used. Mayor McDuffie stated it is isolated from everywhere and he expressed concern over the number of break-ins to the automobiles. The City Manager stated the lighting was out for a while but before Hilltopper Stadium is used the lighting will be restored. Secondly, Mayor McDuffie commented about a Press Conference in the parking lot at the Police Department about not leaving your children alone. He stated they had Channel 5 coverage and Sun-Sentinel coverage. Mayor McDuffie stated Maroone provided a black automobile and there was a temperature gauge in the automobile and another outside to show the external temperature. He stated when they started the Press Conference they closed the vehicle up and it jumped about one degree per minute and when the Press Conference was finished the internal temperature of that vehicle was 130 degrees. Mayor McDuffie stated a child dies when an automobile's temperature is 107 degrees. Mayor McDuffie stated there were some good hints given today and one of them was get a big teddy bear and put it in the car seat and when you put the child in the car seat take the teddy bear and sit it in the passenger's seat next to you in the front seat. He stated if you look over and the teddy bear is there then that is a clue that you have a child in the car seat. Mayor McDuffie stated the other hint was when you load everything up put all your things (i.e. jacket, briefcase, purse) in the back seat so that when you stop and get out you have something to remind you to look in that back seat. He stated the stats were staggering and it is 100% preventable. There being no further business, Mayor McDuffie declared the meeting adjourned at 10:18 p.m. City Clerk ATTEST: MAYOR 40 07/21 /09 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 July 21, 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. 41 07/21 /09 RESOLUTION NO. 33 -09 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA PROVIDING IT'S SUPPORT FOR THE CITY OF DELRAY BEACH RENOURISHMENT PROJECT AND ITS ONGOING FUNDING COMMITMENT TO PROVIDE FOR THE LOCAL MATCH. WHEREAS, America s beaches provide vital economic, recreational, storm damage reduction, and environmental benefits to the Nation; and WHEREAS, nearly sixty percent of all Americans live within 50 miles of the Atlantic and Pacific Oceans, the Gulf of Mexico, and the five Great Lakes; and WHEREAS, the Nation s beaches are the leading tourist destination for millions of domestic and foreign visitors, providing jobs and business profits which in turn produce billions of dollars of tax revenues for federal, state and local govemmealts; and WHEREAS, the City Commission of the City of Delray Beach continues to support the City of Delray Beach's renourishment project regarding its beaches; and WHEREAS, the City of Delray Beach has the ability to provide the necessary local match through an interlocal agreement with Palm Beach County. NOW THEREFORE, SE IT RESOLVED SY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA AS FOLLOWS: Section 1. That the City of Delray Beach is providing its support for the City of Delray Beach renourishment project and affirms it's ability to provide the necessary local match for its funding request through an interlocal agreement with Palm Beach County. PASSED AND ADOPTED this dayof 2009. MAYOR ATTEST: City Clerk CONSULTING SERVICE AUTHORIZATION DATE: August 4, 2009 SERVICE AUTHORIZATION NO. 5 FOR CONSULTING SERVICES CITY P.O. NO. CITY EXPENSE CODE TITLE: 2012 Delray Beach, Fifth Beach Renourishing Project This Service Authorization, when executed, shall be incorporated in and shall become an integral part of the contract between Coastal Planning & Engineering, Inc. and the City of Delray Beach dated June 1, 1987. Coastal Planning & Engineering, Inc. (CPE) will conduct preliminary engineering, prepare the Joint Coastal Permit Application and prepare the first draft of the Limited Re-Evaluation Report (LRR). The LRR will be submitted and reviewed by the U.S. Army Corps of Engineers (USAGE). SCOPE OF SERVICES: Task 1: Geotechnical Services: A. Review of Previous Reports, Existing Geotechnical and Geophysical Data Historic datasets available for the study area (bathymetry, seismic, sidescan, bottom samples, vibracores, etc.), ROSS datasets, NOAA bathymetry datasets and morphologic maps will be reevaluated and analyzed in a GIS (Geographical Information System) framework in order to provide background information to the FDEP. In particular, CPE will attempt to locate historic vibracores and revisit the analysis of these vibracores. CPE will also locate and review previously collected geophysical data and any previously conducted cultural resource investigations. The information gathered during this phase will be reviewed and evaluated in terms of potential borrow area identification for presentation to the FDEP. B. Bathymetric Survey Based on the results of the evaluation of geotechnical information, a survey plan will be developed for the Bathymetric survey which will be conducted in and around the previously permitted borrow areas to delineate a borrow area for the project. The Bathymetric survey will include the use of a Multibeam Echo Sounder. Bathymetric data will be collected over a five (5) day period. The survey will extend from the western 2012 Delray Beach, Fifth Beach Renourishing Project July 30, 2009 Page 2 edge of the barrier reef to the seaward extent of our standard beach nourishment profile lines to provide complete bathymetric coverage from the shore to the reef. Survey line spacing will range from 40 feet in the inshore portion of the investigation area to 110 feet for the offshore portion. The survey will result in the development of a comprehensive bathymetric chart which will document which areas have been excavated, which areas previously excavated have infilled due to wave activity and which areas have not been excavated. The final charts will be reviewed by CPE Professional Surveyor and Mapper certifying that the survey meets BBCS Technical Standards established in Part II.A of the BBCS Monitoring Standard for Beach Erosion Control Projects and minimum technical standards of Chapter 61 G 17 -6, Florida Administrative Code. Bathvmetric Survey Equipment to be Used During the Survey a. Navigation System: A Trimble Real Time Kinematic Global Positioning (RTK GPS) system with dual frequency receivers will be used on board the survey vessel to provide high- precision navigation and instantaneous tide corrections. In order to maintain the vessel navigation along the profile lines the Hypack Inc.'s hydrographic system Hypack 6.2a® will be used. This software merges RTK GPS vertical and horizontal positioning with the sounding data, allowing real time review of the profile data in plan view or cross section format. It also provides navigation to the helm to control the deviation from the online azimuth. b. Multibeam Echo Sounder Fathometer: The adorn Hydrographic Systems, Inc.'s ES3, a shallow water multibeam echo sounder, will be used to perform the bathymetric survey. The ES3 Multibeam echo sounder is a portable easy to use system that will collect bathymetry over a 120 degree swath at a water depth of up to 200 feet. The ES3 has a maximum operating depth of 330 feet with a ping rate of 12Hz at 20m range and the minimal detectable range is 1.6 feet below the transducer. The sounder will be calibrated using an adorn Hydrographic Systems, Inc.' s Digital Pro® speed-of- sound velocity meter. Speed of sound through water and other selected parameters will be adjusted to accurately reflect physical water conditions in the survey area. Bathvmetric Data Analysis and Chart Development The data that is collected will be used to develop a comprehensive bathymetric chart extending from the barrier reef line inshore to a depth of about -25 feet NA YD. This bathymetric chart will be compared to the most recent bathymetric chart to determine 2012 Delray Beach, Fifth Beach Renourishing Project July 30, 2009 Page 3 potential sand resources that may be available for borrow area development, including potential use of areas which have previously been excavated but have infilled due to storm activity or may still contain sand. A PowerPoint presentation will be prepared summarizing the results of the geotechnical investigation. We will attend a pre- application meeting with the FDEP and the City of Delray Beach to discuss the results of the investigations and determine FDEP requirements for the development of a borrow area for the fifth beach renourishment project. Task 2: Preliminary Project Design and Engineering Services: In the initial phase of the design effort, available information will be considered in the development of the project size and scope using available information. Previously collected annual monitoring survey will act as the preliminary design survey to aid in the initial beach fill design and permitting effort. Previous coastal engineering evaluations of the project area beach and nearshore dynamics will be evaluated to identify the beach nourishment needs and quantities. Designs of fill placement and fill configuration will be formulated, based on current economic, environmental, and physical conditions, including available fill material characteristics consistent with FDEP requirements and federal authorization. Preliminary project considerations will be addressed in communication with the FDEP to develop a permittable beach nourishment project, and a project which meets technical funding requirements. A beach renourishment design will be prepared for incorporation into the joint coastal permit application and federal funding document (Limited Re-evaluation Report). Task 3: Federal Project Draft Limited Re-evaluation Report (LRR) Document Preparation: The services proposed under this task are required to develop the draft LRR for the construction of the Fifth Beach Renourishment Project. The report will be formulated in accordance with recent LRR's developed for the USACE. It is anticipated that 3 to 4 years will be required to process this document through the approval process at the USACE. The process will involve independent reviews of the LRR by various sections of the Jacksonville District, followed by review at the Atlanta Division of the USACE. After approval by the District and Division, the LRR will be forwarded to Washington DC for review and eventual approval. This process will require a number of years to complete. The LRR shall be formulated and formatted in accordance with recently accepted LRR's, and as appropriate, may include the following general sections: a) Problem Identification b) Benefits Analysis c) Economics d) Geotechnical Discussion e) Design and Costs 2012 Delray Beach, Fifth Beach Renourishing Project July 30, 2009 Page 4 f) Lands, Easements, and Right-of-Way g) Text, Summaries h) Results of Meetings and Coordination Storm Reduction Benefits Analysis As presently required by the USACE for the purposes of Shore Protection Project formulation and evaluation, a storm damage reduction benefits analysis will be performed using a highly complex and relatively new USACE certified modeling program Beach-fx for the reevaluation the project shoreline economic feasibility and justification. It is anticipated the following general work effort will be required to complete the model. a. Identify Model Domain and Create Model Framework. This task will include an evaluation of the required model domain, identification of the alongshore and cross-shore dimensions of the model domain to be considered in the storm damage reduction benefit calculations. The elements will include, but may not be limited to, habitable structures, pools, tennis courts, beach walkover, cabanas, roads, parking areas, beach access, utilities and other beach front infrastructure that have measurable value and could be damaged during a coastal storm event. An initial database of damage elements shall be developed and made available to a real estate expert previously recommended by the USACE for the purposes of performing an appraisal and establishing values of all damage elements that will be required as input to the Beach-fx model. b. Collect and Compile Model Input. This task will include the identification and compilation of damage element attributes required by the Beach-fx model. The information may include element identification, structure type, foundation condition, first floor elevation, value, horizontal location, predicted structure response to storm impacts (i.e., damage function). The latter must be specifically developed using known characteristics of each damage element. This information will be formatted in a manner such that it can be imported directly to the Beach-fx model. Structure value and replacement cost data required for the damage elements and the shorefront land value in Delray Beach will be required. A Property Value Appraisal and Land Value Determination will be needed for the purposes of determining damage element values, and will be addressed through retention of a real estate expert previously recommended by the USACE or similar. c. Develop Coastal Processes Input. This task will include the development of coastal processes information that will be used as input to the Beach-fx model. The task will specifically include the development of a tropical and 2012 Delray Beach, Fifth Beach Renourishing Project July 30, 2009 Page 5 extra-tropical storm database, representative beach profiles, prediction of long-term beach change with and with-out project conditions and prediction of storm-induced beach change for a variety of storm and beach with conditions. d. Shoreline Change Predictions. Long-term shoreline change predictions are required by the BEACH-fx model to estimate future shoreline positions with and with-out project conditions. This requires establishment and calibration of a shoreline change model for the model domain and simulation of with-out project conditions and simulations of the various project options. e. Storm Response Alternatives. The Beach-fx model requires input of a matrix of possible storm response scenarios for various storm intensities and beach configurations. This requires development, calibration, and verification of a model and simulation of beach profile, beach berm, and storm combinations for with-out and the various project alternatives considered in the project economics optimization process. Based upon experience with the BEACH-fx model to-date, it is not unreasonable to expect that numerous shoreline response simulations will be required during the project formulation process. f. Shorefront Development Storm Vulnerably Modeling. We will evaluate the vulnerability of existing upland development to coastal storm effects along areas where shorefront development is closest to the existing shoreline. The analysis will consider the effect of storm surge and/or wave impacts for various storm scenarios and for existing conditions and project alternatives. g. Calibration/Verification of the Beach-fx model. The Beach-fx model will be calibrated to local beach processes, storm, and economic conditions. h. Project Alternative Evaluation. The calibrated Beach-fx model will be used to evaluate an array of project options which maximizes storm damage reduction benefits along the authorized shoreline. It is noted that as of July 2009, the Jacksonville District had not completed a study using the Beach-Ix model and are only in the initial phase of three in-house investigations. Io- date, only one Beach-fx investigation of a shore protection project has been partially completed by the USACE, nationally. Because the Beach-fx model is new, its use not definitively tested, and its frame work may be evolving. This Scope of Work assumes that CPE will have as needed access to Beach-fx related resources throughout the development of this model. 2012 Delray Beach, Fifth Beach Renourishing Project July 30, 2009 Page 6 The LRR will be prepared in draft format and submitted to the City for review. After completion of the City's review, the LRR will be forwarded to the USACE District office for initial review. Task 4: Florida Department of Environmental Protection Permit Pre-Application Meeting: Prior to the development of the Joint Coastal Permit Application, a meeting will be established and held with the FDEP BBCS. The purpose of the meeting will be to determine the FDEP requirements for the pending permit application and requirements related to borrow area establishment, environmental considerations and project design. Available information will be presented to the FDEP to .determine the sufficiency of the information for permit me development. Based on the results of the meeting, permitting requirements will be determined. The meeting will also be held during the initial stages of LRR development in the event FDEP requirements affect the development of the project. Task 5: State and Federal Joint Coastal Permit Application: State and Federal permits and approvals will be required for the beach renourishment project. A Joint Coastal Permit application will be prepared and submitted to the FDEP for the beach renourishment project. The application will also be submitted to the USACE by the FDEP for the wetland resource permit. Information which will be incorporated into the permit documents includes beach erosion information, beach performance information, environmental information, design details in permit drawings, sand source criteria, and any other information deemed important by State and Federal agencies. Field studies are not included in this task and are not anticipated. In addition to descriptive information, the permit application will include the appropriate sketches and drawings to graphically describe the project. Typically, the permit process for beach renourishment takes at least 24 months. Obtaining permits in 24 months will allow for construction of the project in 2012, as scheduled. However, acquisition of an approved LRR from the US ACE will exceed the permit acquisition period and may require 3 to 4 years to complete. In addition to project specific engineering and scientific information, the following items may be required to receive a permit for the project and will be submitted as data acquisition allows: (a) Sediment Quality Control! Quality Assurance (QNQC) Plan: A draft Sediment QA/QC Plan will be submitted to the FDEP for review. This submittal is based on the assumption that the FDEP will accept available geotechnical data and will not require additional geotechnical field studies related 2012 Delray Beach, Fifth Beach Renourishing Project July 30, 2009 Page 7 to sediment characteristics. Thereafter, we will work with the City and FDEP to negotiate terms of the plan that are acceptable to the City. (b) Physical Monitoring Plan: A physical monitoring plan for the beach fill and offshore borrow area of the project will be prepared. The plan will be submitted to FDEP for approval. (c) Turbidity Control/Monitoring Plan: A plan for monitoring and controlling turbidity for the purposes of minimizing project effects to the Atlantic Ocean will be developed. (d) Biological Monitoring Plan: A biological monitoring plan will be developed in cooperation with the FDEP BBCS. The plan will provide for monitoring of the barrier reef located to the east of the project borrow areas, and for any other feature of concern to the FDEP. We will also request a water quality mixing zone variance for construction of the project. The variance will expand the standard mixing zone area which has been found to be inadequate for beach renourishment projects. A mixing zone variance will allow a larger zone for the dissipation of turbidity created by the silt and clays contained in the sediment. The mixing zone variance will not affect offshore reef, but will be limited to an area within 1,000 feet of shore. BUDGET: The fee to provide the services contained in this proposal is $428,412. COMPLETION DATE: 2012 Approved by: WITNESSES: COASTAL PLANNING & ENGINEERING, INC. Print Name: By: Print Name: Title: Date: Print Name: (SEAL) 2012 Delray Beach, Fifth Beach Renourishing Project July 30, 2009 Page 8 STATE OF FLORIDA COUNTY OF The foregoing instrument was acknowledged before me this day of 2009, by (name of officer or agent, title of officer or agent) of (name of corporation acknowledging), a (state or place of incorporation) corporation, on behalf of the corporation. He/She is personally known to me or has produced take an oath. (type of identification) as identification and did (did not) Signature of Notary Public -State of Florida ATTEST: CITY OF DELRAY BEACH, FLORIDA By: City Clerk Nelson S. McDuffie, Mayor Approved as to Legal Sufficiency and Form: City Attorney ~~.? W Z W ~_ 0 z w a W m F Z a W m a J W D H U O a O a O a~ a uu w z W w z z W a z W a a J a N d 0 a H U W a V Z Z I!J W Z c~ z w c~ Z Z Z a J F a O m w w (!C ~ cn o u~ o ~ cn N N ~ ti ~ ~ ~ ~ ~ ~ ~ Il F 1~- (p w p ~ ~ ° ° US v c! o ~ o rtr ,° ~ ~ ~ . o ~ Q V ~ ~ F- U LLI O GC ~, a ~ a ~ 0 ~ N ~? o 0 0 0 ~ .. N Eff ff} ER ~} ~ ~ ~ 69 W E1C W o us °O n r~ m r ~- M ~ n O O J V ~ ~ ~ ~ ~ ~ z o 0 F a v a a ~ ~ a z ~ F a ~ ~ ~ w _ Z ~ a O ~ ~ ~ v J ~ d a~j ~ (g U3 z ~ a N ~ J ~ U fl ~ ~ w- Z C3 ~ ~ a 0 ~ ~, c c ~ o ~ ~ p v V caC W cc ~ Z a ~ ~ ~ n W ~ a ~ a Z F J W H G. ° ~ a ~ Q ~ ~ r n r N C~! ~ 1p (D CITY OF DELRAY BEACH FIFTH BEACH RENOURISHMENT PROJECT FEE PROPOSAL FOR PRELIMINARY ENGINEERING LABOR, EQUIPMENT & DIRECT COST RATES PREPARED BY: COASTAL PLANNING & ENGINEERING, INC. LABOR RATES (HOURLY) 2009 Rates Princi al En ineer $215 Pro'ect Mana er $175 Senior Coastal En ineer $145 Coastal En ineer $115 Professional Serve or & Ma er $145 Certified Inshore H dro ra her $145 H dro ra her $105 Pro'ect Serve or $100 Senior Marine Biolo ist $135 Pro'ect Bialo ist $115 Senior Geolo ist $145 Professional Geola ist $125 Geola ist $100 Senior CADD O erator $100 CADD O erator $85 GIS O erator $90 Boat Ca tain $85 Serve or $90 Serve Technician $78 Junior Geolo ist $85 Clerical $68 EQUIPMENT RATES (DAILY) Truck Road Use er mile $0.500 RTK GPS $495 Heave, Pitch & Roll Com ensatar $215 S eed of Sound Velocit Meter $63 H ack/ H swee Navi atian 5 stem $260 Odom ES3 Mulitbeam S stem $1,000 Tide Gau e $175 Serve Boat 28' Parker $1,050 DIRECT COSTS Actual Cost lus 10% 1.10 /T~.y s f. CP~~"t~`: 4 ,RF~ ~~ C7 z ~c ~ O W LL ~ ~ z a c~ o ~ a r ¢ ~ a z 4! ~ w Q a ~ S S~~ v ~ ~ S m$$ w o U ~ W ~ ~ D ~ m ~ N ~~ ~ ~ ~o$ 1v f q ryi ^ I~f ~ m ~ U I N Y ~ N ~ r ~ [v m m~g o a $~3 ~ ~~ ~ t `two V O M pp ~ ~ ~ c g m "A O V J U 'a ~~ ~ ~ ~N~ W - S §C~ ~ S ~~ 6] ~ m ~~ _ ° °G~3 ffi v~ ~ z - § y ~ $$m ~~ ~ ~~ S ~$ a '~ s ~~s ~ g ~ es~ 5 ~' ~ ~ i ~ ~ „gym ~~ ~ s~ ~ mss ~ ~ ~~ ~~ a ~p W~ ~ 3 g8 ~~~ ~ ^y `d'~, d y a ~ ~ ~i ~ m t~ N m m N N N m ~ry m ~ ry ~ Syt~i ~ g ~`~ 5 tv N m n~~ E r ~ ~ ~'~_g o a a ~ w N x U Q s~ a a % aw ~~ a ~~Ei $ w B e~ ffi g ~S Em ~ ~ ~ ~3 •N- H y J g ~ ~y~;~ 6 ~ m ~O ~ ~ a ~ g Q ~ ~ a ti K~_ W ~ ~7~7 b r ~ ¢ ¢ S ~ o ~ ~ ~ ~ ~ N ` , ~ a E m ~l z ~ii ~ 6 ~ ~ ~' o ~ ~ w ~i ~ ~ g a s ~ ~ ~ ~ E g $ ~ ¢ w ~ ~ ~ ~ ~ ~ .96 ~ o ~ ~ ~ w ~ ~ $ U - L 9 ~ S ~ ~ z ~ 3 w ~ ~ ~ ~ u ,s c ~ ~ ~ ~ ~ ~ - g ~ ¢ ~ ~ W .~ , ~ 5 e ~ ~ ~ ~ a ~ ~ c ~ yGU W ~ c a ~ ~ ~ u aS . ~$ ~ tl 6 ~ ~ o ryg y ~ c M1 ~ S S ¢ w ~ O ~ ~ ffi a ue ~ m ~ a W ~ ? ~ ~ ~ ~ y ~ C ¢ n ~ o ~ ~ ¢ O ~ ~ , Yp ~ ~' o ~ p E n o m ~ 2i a ~ ~ t ~ a o ' ~ - e ~ m q ~ o~~ d E E x ~ ~ ~ ^ g S r` ~ z ~ a s ~ m - ~ 8' ~ 0. a 33 ~ m 8 ~ ~ ~ ~ ~ ~' `8 E~ ~ ~ ffi ~ .~ ~ ~ °d, ~ ~ ~ ~ ~ ~d s h m u ~ ~ '~ ~ - ~ $ s ~ ~ ~ a` a` ~ rc ~ a ~ ~i ~ S c~ W ts Tn b m us S2 m a ~ o S ~ 8 ~ ~ s o S c> o a i r ~ ~ a = in e o o ~ d L ~ d L d d d .: - i d c d d d ~ c' , ~ .e ~ a w c d i d .: '1 . - ~ _ ~ d u D i u 6 d d ~ ' c t ~~ ~ ~ LL ~ ~ Z a ~ o ~ a ~ u~ ~ w ~ ~ ~„) ~. a -~ m Y N 0 0 ~~ ~y O 47 SON ~ri ~ N ~ ~ ~~ Qi m N ~ ~°, C7 m r an pro v ~ ~ ~ F m ~ m ~ N °a °o Ea•- m ~' D n nno ti v°O~cn O uaF» c u~ r ~ r ~ i U ~},c'nVi~ ~ r ~ yz Z EtJ `m ~ o .6 ~ d -o c~ ~vs n ~ ~ © u1 u~ ~ ~ ~ [ ~ ~ J 075 ~ L +U-' ~ ~-- ~ N ~ ~ ~ d.O jff t[1 N G ? E ~ ut N z v 0 rn Y O r ~ co ~ F ~ N ~~ ~ ~ E ® N o O 00 N~ W m ~{ r ~ 64 U ~ ~~ ~~ ~~ d ~ ~ U r N ~~ 0 U F Z LL! Q 7 d 11.1 ~ ~ a c~ ° o z ~ ' ~ ~ ~ u~ ~ a z ~ ~ ~ z ui .~ } U a ~ v ~ z ~ v ~ . ~ ~ N ~ ~ o a a r v m Q K " [~. a d d ~ ~ (~ ¢ oa E m N Q C RF Q "6 ~ d ~ p C.1 ~ m ` ~ ~ ~ z 3 _ a o_ ~ Y ~ E m ~ ~ °tl N v 'w ~ .v O _ m p S US ~ in ~ P U A us CS N W ~ U '~ ai ..: _ Prepared by: RETURN: R. Brian Shutt, Esq. City Attorney's Office 200 N.W. 1st Avenue Delray Beach, Florida 33444 PIN # RIGHT-OF-WAY DEED THIS INDENTURE made this day of 200_, between `C~PtS~~ G ~ , with a mailing address of 5c~ ~~ -~~~. ~~ ' ~'~- 3~~p~rty of the first part and CITY OF DELRAY BEACH, FLORIDA, a Ii larida municipal corporation with a mailing address of 100 N.W. 1st Avenue, Delray Beach, Florida 33444, as party of the second part. WITNESSETH: That said party of the first part, for and in consideration of the mutual promises herein contained and other good and valuable consideration, does hereby grant, remise, release, quit claim and convey unto the party of the second part, its successors and assigns, all right, title, interest, claim and demand which the party of the first part has in and to the follawingdescribed land, situate, lying and being in the County of Palm Beach, State of Florida, to-wit: See Exhibit "A" attached hereto. This Deed is made for the purpose of giving anc~ granting to the party of the second part, its successors and assigns, aright-of--way and easement in and to said lands for public highway, street, and public utility purposes and the maintenance thereof; and is made, executed and delivered with the express understanding and condition that should the same ever be discontinued or abandoned as a public highway or street, the title to same shall thereupon revert to and revert in the party of the first part or assigns, except that the easerr~ent fox public utility purposes shall remain until released. That this right-of--way shall be subject only to those easements, restrictions, and reservation of xecord. The party of the first part agrees to provide fox the release of any and all mortgages or Liens encumbering this right-of--way. The party of the first part also agrees to erect no building or effect any other kind of construction or improvements upon the above-described property. Party of the first part does hereby fully warrant the title to said land and will defend the same against the lawful claims of all persons whomsoever claimed by, through or under it, that it has good right and lawful authority to grant the above described right-of--way and that the sarne is unencumbered. Where the context of this Right-of Way Deed allows or permits, the same shall include the successors or assigns of the parties. TO HAVE AND TO HOLD THE SAME, together with all and singular the appurtenances thereto belonging or in anywise incident or appertaining, and all the estate, right, title, interest, and claim whatsoever of the said party of the first part, in law or in equity to the only proper use, benefit, and behalf of the said party of the second part, its successors and assigns. IN WITNESS WHEREOF, said party of the first part has hereunto set their hand and seal the date first above written. Signed, sealed and delivered in the resence o£ ~~ ~_. PARTY OF THE F1RST PART By:°~' ~~ ~9A~°~L~ C~~iuP G+ L G {Name printed or typed) {Name printed or typed) S~~ ~tL 1'~+f~~~ a~t7• ~- --~ ~"' ~ K ~~fl~~' (Address) ~-° (Name printed or typed) STATE OF ~,a~ COUNTY OF`,~, The foregoi instrument was acknowledged before me this ~ day of 1~.~ , 206'1, by ~~~tr`5 who is personally known to xne s produced ~~ c,._ as identification. ~ ~ Notary PUt711p State of Flo~kda ;~ °~; earn ~ Rnoads Si ature of Notar - My Cammisainn DD702117 ~ Y ~of ~~ Ex„~~es oaro8~znt ~ State of Florida 2 Prepared by: RETURN: R. Brian Shutt, Bsq. City Attorney's Office 244 N.W. 1st Avenue ©eiray Beach, Florida 33444 SUBORDINATION OF ENCUMBRANCE TO THE PROPERTY RIGHTS TO THE CITY OF DELRAY BEACHx„FLORIDA KNOW ALL MEN BY THESE PRESENTS: That whereas it is required by the City of Delray Beach to provide certain width of right-of--way in accordance with its Comprehensive Plan; and, WHEREAS, a portion of the lands required to be dedicated to the City is subject to a mortgage held by the undersigned; and WHEREAS, on behalf of the City of Delray Beach, a request has been made for the undersigned to subordinate said encumbrance to the property rights of the City of Delray Beach in and to the portion of the premises hereinafter described. NOW THEREFORE, WITNESSETH: That for and in consideration. of the mutual promises herein contained and other good and valuable consideration, the undexsigried subordinates said encumbrance to the pxopexty xights of the City of Delray Beach, Florida, to provide for the dedication of right-of way of the following described lands, being a portion of the encumbered premises in Palm Beach~County, Florida, to wit: See Exhibit "A" Attached hereto insofar as said premises are affected by the Right of Way Dedication for the area described in Exhibit "A". PROVIDED, ALWAYS, NEVERTHELESS, and it is expressly understood and agreed that this instruzx~ent subordinates said encumbrance insofar as same affects the rights and privileges of the City of Delray Beach in its use of the land specifically above described for right-of--way and that nothing herein contained shall in any way alter, affect, ianr~pair, minimize, or diminish the effect of said encumbrance or the remedies at law or in equity for recovering thereunder, or against the parties charged thereby, the full amount of all sums secured by andlor under the same. It is further understood and agreed that in the event said above described premises are abandoned by 2 the City of Delxay Beach and cease to be used for right-of--way that in such event the subordinate of said encumbrance shall terminate in and to such portion abandoned and no longer used as aforesaid, and the encumbrance shall become of the same status with reference to such abandoned portion as if the subordination had never been made. IN WITNESS WHEREOF, the said holder of the encumbrance has duly executed this instrument this ~ day of ~ t.k.~Ld , 200 Signed, sealed and delivered in the presence of (2 witnesses required by Florida Law) WITNESS #1: (name printed or typed) MORTGAGEE: ~l vao~G ~~U S (name printed or typed) WIT;~~~• - a .Wm_.r_...~,..~__...._e ......................._......... (name printed or typed) STATE OF ~a ~~C~ COUNTY OF~ ~-~yr~~~.C,,lr~ The foregoing instrument was acknowledged before me this ~ day of ~~ , 20~ by .~ ~a,~ (name of officer ox agent, title of office r agent) of ~~,. ~~~ ~-a~ „,name of corporation acknowledging), a ~ c~r> _ {state or place of incorporation) corporatior~ on behalf of the corporation. HelShe is personally known to xne ox has produced aR~~aA- f 1V C.J~Cr (type of identification) as identification. ~-~~.~ ~ ~ Notary PUbltc State of FloriC ~ ~ Beth A Rhoads i My Comml984o~ AD702437 ~~~~~ E~nlres 081~5l2011 of Not~rv Public Joseph hl. Tuckea P.LS. 99UNOARY SURVE'f5 1 M6RTGAGE SURVEYS CCNSTFUCTION L4YOUT 4 '~ 2' ADDITIONAL RIGHT OF WAY NORTH 34' OF LOT 3, BLOCK 83 CITY OF DELRAY BEACH ,FLORIDA THE EAST 2.00 FEET OF THE NORTH 3.00 FEET OF LOT 3, BLOCK 83, CITY OF DELRAY BEACH (FORMERLY KNO WN AS TOWN OF LINTON,) ACCORDING TO THE PLAT THEREOF, AS RECORDED iN PLAT BOOK 1, PAGE 3, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA , p, ro m !5 ro ti !S ~ 1 ~ 5 ,~,~ J~~, 5 i.w y N rr 1d ~4 2 , !i r4 ;i ; f .' . CERT~TCATION• I Q Q U ^! a V z' ~ •` m ' `~ 5 s I _ a•, - - - . -. ~. -- I HEREBY CERTIFY THAT THE DESCRIP'T`ION AND THE ATTACHED SKETCH OF DESCRIPTION WERE PREPARED ~T ACCORDANCE WITH THE SURVEYING STANDARDS, CHAPTER 61GI76, FL'ORIDAADMINISTRATTVE CODE, SET FDRTH BY THE FZORIDABOARD O~ PROFESSIONAL SURVEYORS AND MAPPERS, PURSUANT' TO SECTION 472.027, FLORIDA; STATUTES, AND IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF, UNLESS IT BEARS THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER, THIS DRAWING, SKETCH, PLA~ OR MAP IS FOR INFORMATION PURPOSES ONLY AND IS NOT VALID JO~~,`PH~Mr. TCrCKER, DATE 7>;~~c~ /~~ REGTS~ERED LAND SURVEYOR NO 2 5 LB 21 Q2 , ` ~ Joe Tucker STATE OF FLORIDA ~ uwc r su,4v~roRs NOTE: THIS IS I+jOT A SKETCH OF SURVEY, BUT ONLY A GRAPHIC DEPICTIONS OF THE DESCRIPTION SHOWN HEREON, TIRE HA5 BEEN NO FIELD WORK . VIEWING OF THE SUB7ECT PROPERTY, OR IvIONTJMENTS SET IN CONNECTION , ' ' ~ ~' ~ ' ! WITH THE PREPARATION OF THIS INFORMATION SHOWN HEREON. Phone: NOTE: LANDS SHOWN HEREON WERE NOT AB5TRACTED BY TIC SURVEYOR • ~°Ce {ssi} 3s1.43ea JOSEPH M.TtJCK1=R, P.L.S. FOR RIGHT5 OF WAYS, EA5 oyntGrs {581y 737-fi54S 2i 9 5.E.23rd Atie. • P.o. Sax 7SS ; EMEN'TS OR RESERVATIONS OF RECORD FAX (561} 734-7546 Boynton Beach, FL 33435 219 S.B. 23rd AV5Nt1E -•P.O.80X 759 - BOYNTON BEACH; FLORfDA 33435 BOYNTON BRACH Phone (581} 737-6546 Fax {581} 734=7546 3oseph M. Tucker, P.L.S. ~SDUNDARY SURVEYS MORTGAGE SURVEYS CONSTRUCTION LAYOUT '1~ 4 ~p~ ~ 'N !8` -- ~33.c7 I -~~ - .. ~i--r~ ~ d Ste' ~' ~' ` ~~ C~l~l 7 ~ U/7c2 / _ n--~ ~ R ~ m ~ P~~ ~! . ~z -~.~- ~-rte -s~ ~ ~~ -a~~`-~a~~ ~ -. t~ N ~- .._ .._. ._..- - - ~-- f ~ ....... ,~ _. _ -''~ -- ---._._...._.. .__.. a ~ ~~ U~_~ ~~~~ . ~~ ~ '. ~a , ~~e~f mar-~- . ~ ~ `~ ,, 219 S.E. 23~d AVENUE - F.O. BOX 759 • BOYNTON BEACH, FLORIDA 33435 BOYNTQN BEACH Phone (561) 737-6546 Fax (561) 734-7546 ' Z 7 Q iv.t. SRD o Q ~ ~ ~ i i N.E. 2ND >- 0 Z ~ O Lv ~ a Z ~ ~ ~ z a N.E. 15T ~i w z z ~ <r OLD SCHOOL ~; SQUARE ~ A T L A N T I C a v= w z 5 T. ~ 0~ Z Z m m ~ ~ ~ ~ O D (/) Z 5T. 0 0 Z ~ r ~ _ _ ~ ~ ~ ~ ~~~~ ~ N SUBJECT PROPERTY , ~ ~ 169 ~ 171 N E 2 N D AVE N U E :~ ~._, ~'~ PLANNING AND ZONING DEPARTMENT 12-43~ 46--15-01-D83-0033 LOCATION MAP -- DIGITAL BASE MAP SYSTEM -- MAP REF: S:\Pianning & Zoning\DBMS\File-Cab\Z-LM 1001-1500\LM1096_ 169 & 171 NE 2nd Avenue ~i ~ z =' Q Ci ~i A V E N U E F ~~ ~ - 1 ~ Y i Q,} ~ ~ s ~1QL~~~S~ ~¢ ~~ ~ ~ ~~ t ~ ~ ~ ~ ~a U d3 .~ ka =~ na ~~ >~? _~"Q ~, ~U-C) d~ t- ~ a ~~ °s~ ~ ~~ ~w ,~ ~ J Q ~~$ ~ ~ '~ ~~~ ~~ ~~ z ~~ ~~ ~,~ ~ I ~ ~~ -f ~ hr ~ W ~ ~ 4------I~ ~ f l 5~., I ~. ~ oLL0 w ~ Q ~7~c ~~~ N .¢ o-~4E ~ _ ~ _ ~Nniawd -m~naav~ l~a~.s-~o isnra -~~, o V 4 ry~ ~ a. ILL - - .~ . .3Atl ONZ '3'N _- Z ~~J E ~ ' ~ I~ ~~ ` i y H14 3'N ~ ~ ~~~ ~I ~~~ ~` ~~ ~ ~ ~~ ' CJ "~~ ~, z - _ _ ~C I~~~~ ~~ ~' f / f w IIE g u 0 ~ ~ ` ~ ~ NO 6~ ~ G~ ~VO~u4 ~ Fi a6 ,,, ~ o u y ~J ~ ~v ~ J06 R .~ t 7~ml~if Z••CJ ~ w ~ M ~ N ~m ~.y In G(7 J..r 5P U E W r 6j m N ~C¢Z[MF Q ~lD + N ~Ca m V .. m .:~ D @a°~ 003[- a a e i ai D~ N w lu ~~ 1 ~I _~ x l5 1 ~ , I~ a~a q 0 i d o~ 2 O~ N~ F ~~ a L- FN ~~ ~~ ~~~ ~~~ g~ >v 1SnS1 ~ ]]z[[ z ~.7r. ~J Z a e [W b 2 D : - ~-: E z7 ~ i~i..~-.;'~ ~ ' ._i °. ~~~ 4 ~ a ¢~ I ~~~ ~aa~ Z Ili _~ 1 ~ ~ z~ ~ ~~~((~~~ ~~~~/_ ~` Q ~y F- u ~~ z C LLu a~ v~ ~n ~~ _~ Prepared by: RETURN: R. Brian Shutt, Esq. City Attorney's Office 200 N.W. 1st Avenue Delray Beach, Florida 33444 PCN # 12-43-46-09-29-011-0010 RIGHT-OF~WAY DEED THIS INDENTURE made this ~ day of .~ ~~• 200` between ~~~~!, ~ _ ~ ~1 ~,~ ~ ~~,~ p~`+ ~ ~?s-~w r~~ , with a mailing addres of f..S~.:# ~~~ i`~ ~-t..~ ~~'~ ;~-,~~; ~~~ +:~-~' ~'~+~~ _ f~~.~~y~as party of the first part and CITY OF DELRAY h --_ BEACH, FLORIDA, a Florida municipal corporation with a mailing address of 1.00 N.W. 1st Avenue, Delray Beach, Florida 33444, as party of the second part. WITNESSETH: That said party of the first part, for and in consideration of the mutual promises herein contained and other good and valuable consideration, does hereby grant, remise; release, quit claim and convey unto the party of the second part, its successors and assigns, all right, title, interest, claim and- dennand which the parry of the first part has in and to the following-described land, situate, lying and being in the County of Palm Beach, State of Florida, to-wit: THE NORTH 5' OF LOT 1, BLOCK 11, DEL-IDA PARK, DELRAY BEACH, FLORIDA, ACCORDING TO THE PLAT THEREOF AS RECORDED 1N PLAT BOOK 9, PAGE 52 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. This Deed is made for the purpose of giving and granting to the party of the second part, its successors and assigns, aright-of--way and easement in and to said lands for public highway, street, and public utility purposes and the maintenance thereof; and is made, executed and delivered with the express understanding and condition that should the same ever be discontinued or abandoned as a public highway or street, the title to same shall thereupon revert to and reves in the party of the first part or assigns, except that the easement for public utility purposes shall remain until released. That this right-of--way shall be subject only to those easements, restrictions, and reservation of record. The party of the first part agrees to provide fox the release of any and all mortgages ox liens encumbering this right-of--way. The party of the f rst part also agrees to erect no building or effect any other kind of construction. or improvements upon the above-described property. Parry of the first part does hereby fully warrant the title to said land and will defend the same against the lawful claims of all persons whomsoever claimed by, through or under it, that it has good right and lawful authority to grant the above-described right-of--way and that the same is unencumbered. Where the context of this Right-of--Way Deed allows or permits, the same shall include the successors or assigns of the parties. TO HAVE .AND TO HOLD THE SAME, together with all and singular the appurtenances thereto belonging or in anywise incident or appertaining, and all the estate, right, title, interest, and claim whatsoever of the said party of the first part, in law or in equity to the only proper use, benefit, and behalf of the said party of the second part, its successors and assigns. IN WITNESS WHEREOF, said party of the first part has hereunto set their hand and seal the date first above written. Signed, sealed and delivered in e presence f: (Name printed or typed) ~~l-`~-~~'~ y~,r' ~~~. ~-t-r--~r~~ dom. (Name printed or typed} STATE OF !`~ ~.~ y~. ~ ~z ~~ PARTY OF THE h1RS_T PART By: (Name pr~hled or typed) '~~~ ~~~ COUNTY OF ~ ~'"~--~''~ ~~~~'- ~ ,~~ ~ ~ ~~~ The foregoing instrument was acknowledged before me this ~ ~ day of ~+~ , 2Da `~, by _r'~itiet..f~ ~ (~~:--~? _ ~~ss.-Y- who is personally known to me or as produced _ ,z,` ~ ~~ J~_ __ as identification. ',r Signature of Notary Public - ~ p„ Notary Public state of Florida State of Florida ~'~ ~ l(athryrs M Stronrek ~'~ My Cammisslon DD60375~ oo~~ 'yes 19!9712010 2 11111 eoN~ wA N.E. N.W. 9TH LL z LL ~- N.W. z U.i z, ~` 0 w Z x 2 h. 4 a O 80ULEVARD I a ~ z Y N.E. 7TH J Q Q ~ 7 G.I ~ ~ F ~ ~ N.E. 6TH ST. pQp m N.E. 5 ~ ~_ ~ S u~ LIJ Z ST. _~ SUB3ECT Aft EA HENRY DEAN BUILDING an of oE~RAY BEACH, FL CLASS V SETS i~LAN & COA PLANNING & ZONING 6EPARTMENT 1lTH 51. a a M - DIGITAL SASE MAP SYSTEM -- MAP REF: LM: GEORGE BUSH R1E31AIIlIn111Ai31aai1e11H}!I!ilAEi!! ~3 ~ Y THE NPRTS I s' of LoT t, BLOCK fi, GEL~IPA PARK. PEIRAY BEACH, FLORIDA, ACCOADdNG Ta THE PLOT THEREOF A5 RECARUED IN PLAT BOOK 9, PAGE 62 OP THE Pt16LIC RECORDS OF PALM BRACH COUNTY, FLDRIGA ~ _ BOULEVARD ~O JP J~~ ~Q BLC)~K 11.;~I?EL-FDA PI~'i~f4 PLAT +~~ O~ `,,. SUBJECT AREA + ® - HENRY DEAN BUILDING P~oPERrY LlMrrs 5' RIGHT-OF-WAY DEDICATION GITY QF aEtRAY BEACH, FL ~°"^•""•"°b PLANNING & ZGNING DEPARTMENT ~*~°.a..,°.,..a -- DIGITAL. BaSE MaP SYSTEM -- MAP REF: LM288 ...~ CITY OF DELRAY BEACH NEIGHBORi~04D SERVICES DIVISION HOUSING REI~ABILITATION PROGRAM BID INFORMATION SHEET BID #: 02-2009-NS API~I~ICAtVT. Eunice & Alex Smith ~I~CJJECT ADDRESS: 9~$ SW 3rd Court DATE ®F BID LETTERS; January 27, 2009 DATE ®F BID OPENiIVG: Februa 20, 2009 GENERAL CONTRACTORS BID AMOUNT BID BOND ABC General Services, Inc ALL Phase Contracting, Inc Brian E. Rega, Inc. Built Solid Construction, LLC Brigcon Consulting Services Cordoba Constructian Ca., Inc. Dakota Construction, Inc East Coast Restoration Gadsden Property Investment, Inc. Grace Construction Haywood Constructian Jemstone Construction Group,lnc ,Joiner Construction & Develapment,LLC Lelack Constructian NYC Builders,lnc Precision Construction Group, Inc. Ray Graave & Sans Constructian, LLC South Florida Construction Services, Inc. Sun Band Builders Constructian, Inc. $ 46,95D.D0 Y $ 36, 940.00 Y $ 44, 035.00 Y $ 39,ODD.DD Y ....................... ... $ 34,295.00 Y $ 35,449.04 Y $ 43,499.DD Y $ 47,9fi0,00 N $ 34,495.00 Y $ 35,070.00 Y In-House Estimate: CONTRACTOR AWARDED CONTRACT BIDICONTRACT AMOUNT Contingency $36,158.13 Ha wood Construction $ 34,295,00 1,000.00 $ 35,295.00 FUNDING SOURCE: Disaster Recovery Initiatives Account # 118='1960-5:54=4~}:1'F, COMMENTS; Awarded to lowest responsive bidder. s~ O N ® ~' eG d ~ ~ N ~ [/3 y ti ~ C1 ~ ~ 6LI .~ ~_ p ~ a O O O O O ~_ N N ~ ~ U N V (,/) ~ T7f ~ ~ m Zu p U . ~ N e ~ Q 661 6? 8 ~ i.Ll ~ 11.1 N ('J 4f ~ .n ~ w A d Z ~ ~ `~ O ~ p ~ ~ 8 m ~ ~ ~ m ~ »., 4 N CU ~ Q~ v f6 U' [~ '~ ® r+ O fh ~ ~ dl .7 m U u] ' ~~ O f~ i,] N N c ~ as U U CO ~ d C7 ~ ' O ~++ ~ O o U U ~ „.; ~ ~ m (~ O LL ~ L ~ O C U N 6 tU d 2 C 0 0 0 0 o a o o a a n a o 0 0 0 0 0 0 0 0 0 0 0 0 0 a q ~ o o E~ o p o 0 0 0 0 4 0 O O O O O C7 ~ o o 0 0 u7 p Q Lf) ~+? 4 C4 O 4) ~ O 0 4 p p ~ aD 4 4 4 4 4 ~7 4 4 Q~ [O ~ O d- O rn N O h O M e+J r e7 p7 N M O ef7 Le7 r C~ h 0 ap 0 O [J7 ~ aD O O~ r 0 cp 0 ~ 0 b- u7 r Imo- [Q O tf? eO h ~ V >` M r M N N N N ui M E» EsT Ef3 EtT E.g E9 Eft EH 64 69 E~ Eit cFt G't Ef> Ef} H3 EH E» f 3 b4 b4 ~1 +I3 b3 6'3 Q O O O O O O O O O O O O O O O O O O O O O O O O O O O CS O O p q 0 0 0 0 O G~ O o 0 0 0 0 0 o r? 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N ,~ e ~ U7 O p ~ ° > 1 ~ p tp 'r C.3 ~ ~ ~ o ~ ~ ~ oa ~ ~ ~ +v; °o ~ ~ ~ ~ ° ~ ' ,i, ~ ~ ~ ~ m m o __ ~ ~ L ~ ~ o _~ ~ ~ lti ~ (I~ ~ UJ ~ ~'~ ~ k ~~i L, I.~ ro 4?: ~ C O ~ . .d (S x ~y N N ~ ~ ® Ill ~ ~ W L y 7 _ r Q U ~ Qy ~ _ ~ ~ ~ Y O ' m ~ ~ W X W ~ ~ ~ u, m U ~ t a Jr C i ~ r- rn m Q •~ ~ m ~ i ~ ~ ~ s~ ~ ~ ro m ro m ~ ~ ~o p ~ ~ ~ ~ i . R ~ ~ ' ~ ~ C m 0 ~ in C in C 'r~ a] N ~n C u~ C cn u~ : in C v~ C a5 N in C in C in C in C p} u~ C u~ C cn C ~ E (] ~ ~ ~ a ~ ~ . G >r ~ ~ ~ ~ (/) ~r r N M ~' i.C) c0 h~ 00 ~ O r N M ~t cri cO I` M 6~ r O N N CV N M N V N t.C) N tD N f~ N N N ~T N ~~ O~ ~ ~ c L7 ~ m I O , Z c ~ ~ a M i tq N ~ b 3 > S1 f ~ ~ O i q. e ~ ~ O fi i e „_, ~ b ~ i U ,~., i „~~_. ~ ~ O `~ ~ U U , U ~ i ~ Y ....~ d ~ ~ C C ~ ~ ~ D ~ ~ ~ ~ ~ ~ ;O ~ ~ '~ ~ ~ ~ ~ ,C l -~ .~ i ~ U O 0l Q ~ Y ~ iU O ~ ~ 4 ~ ~ p~ ~ ~ R ~ ¢ ~ O k b y .~ i ~ i ~ i ~] CITY OF DELRAY BEACH NElGH130RH00D SERVICES 171VISEON HDUSING REHABILITATION PROGRAM BID INFORMATION SHEET BID #: 04-2pp9-NS APPLICANT; Julia Green PROJECT ADDRESS: 926 SW 11fh Terrace DATE OF RID LETTERS: March 25, 20p9 DATE OP ®ID OPENING; Aprli 20, 20p9 GENERAL CONTRACTORS BID AMOUNT BID FOND ABC General Services,lnc 28,070.00 yes All Phase Gontracting, Inc. No bid submitted Brian E. Rego, Inc. No bitl submitted erigcon Gonstruction Services 29,600,00 yes built Solid Construct€on, LLC No bid submitted Citywide Construction Services, Inc. No bid submitted CJ Contracting, LLC 29,897.00 yes Cordoba Construction Go, 30,970.00 yes Dakota Construction, Inc. No bitl submitted East Coast ReStoratlan Late bid submittal Gadsden Property Investment, Enc No bid submitted Grace Canstruction, Inc. No bid submitted Haywood Canstruction No bid submitted IQ Gonstruction No bid submitted Jemstane Construction Group, Inc. 26,475.00 yes Jaines Construction & tDevelopment, LLC Na bid submitted L.A.n. Construction, LLC. No bid submitted Lelack Gonstruction 38,000,00 yes Maralaga Construction Co. No bid submitted Morgan GantraCting Group, Ine, ND bid submitted NYC BUllders, Inc. No bid submitted Precision Construction Group, Inc. 28,215,00 yes Ray Graeve & Sons Construction, LLC No bid submitted South Florida Gonstruction Services, Inc. 35,395.00 yes Sun Band Builders Gonstruction, Inc. No bid submitted In-House Estimate: 27,145.35 CONTRACTOR AWARDED CONTRACT: Jemstoile Construction Group, Inc. BIDICONTRACT AMOUNT : $ 26,475.00 Contingency 1,000.00 $ 27,475,00 FUNDING SOURCE: Disaster Recovery Initiatives Account # 118-1960-554-49.19 COMMENTS: Awarded to lowest responsive bidder Revised A1fl109 FFM C :G O ~ ~ C 'C O ~ U N CD ¢ U] fl O c O • ~ w •C.7 V c d G Q.. L C .` U C U n} J C C .ai L C m O ~ (17 u, O_ 'y ~ c C .bj { : .; , R ~ ~ C ~ ~ ~ ~ R ~ 3 ~ ~ ` C UJ Y ~ C ~ m U L P ~ .F W O ~ X ~ ~ C ~ m ' U L a Z 4a a_ _ P ~ LL ~ y ~ C ~ C: L O d rn ~ ~ "'.' 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O [.O ~ Cp ~ 4 ~'] I~ ~ O m CD CO CV [+7 d' O N CV ~D O O ~ E1 O O O 47 ~ CV (~ O O h{ N ~Cj d- O (D O kS7 O N O O [O V M r ]+ 00 r I~ rn N ti O ~D I~ M ~ N N r ~ M M N M Iti ~ r r^ M •-^ ~ r '~-' N EtT Ef3 E19~ Efi~ Ef3 EA ER ~} b4 Ef} Ef3 EH tF3 EA G T Ef} EA 69 EA f!-} Ei} Ei`> ER 6g GF} a 3 ~ ~ ~ ~ o ~ ~ ~ ~ ~ ~ o ~ c~ ~ m ~ r- .~ T N ~ 0 ~ ~ ~ ~ 7 N ~ €L L ~ N -p N Sl ~ V J O I L "'' N ~ ~' °o .i 3 c °- ~ ~ a~ .~ ~ ~' ~ m ~ ~ ~ N i~ ata o ~ •~ -~ ~ o ~ F- U ~ o ~ ~ ~ ~ ~ ~ ~ •~. .~ .~ ~ ~ ~ '~ '_ ~ ~ [~ ._ o o ~ ~ o u~ x ~ c W p ._ a~ v ~ ~ W o •U U ~ ~ fl ~ ~ F- ~ -c ~ ~ W W o O ~ ~ ~ "m U m .~ ~ ~ - - ~ C0 °-- - - •~ o ~ • N ~.. io ~ iu ~ w ' is V1 ro ~ ~ N ~ h is u5 ~o ~ ~ N 3 ~ O in O ~ ~ O N {q Q1 N c c c N O Q 5 ~ = ~ ~ a. U = = ra. ~ ~ z ~ ~ •~ ~ ~ ~ cl~ U r- N M V ~ tD E1 W O O r eN. ~ V LL] to ti O 6? O N N N N CITY OF DELRAY BEACH ANTI-DISPLACEMENT AND RELOCATION POLICY Displacement Avoidance Policy. The City of Delray Beach is committed to a policy to make all reasonable efforts to ensure that activities undertaken through the use of Community Development Block Grant (CDBG) and/or other federal funding will not cause unnecessary displacement or relocation. Such federally funded programs will be administered in such a manner that careful consideration is given during the planning phase with regard to avoiding displacement. The City of Delray Beach will also provide information to and keep citizens involved in the process regarding pending land use changes, zoning and rezoning actions that threaten the preservation of residential areas. Involuntary displacement shall be reserved as a last resort action necessitated only when no other alternative is available and when the activity is determined necessary in order to carry out a specific goal or objective that is of benefit to the public. In this case, community development and housing programs will be planned in a manner which avoids displacement of households or business. However, "voluntary" relocation (temporary or permanent) may be necessary in order to achieve a benefit to a household or business (such as rehabilitation or replacement of the building). Such benefits shall be identified and requested by the displacee. Voluntary relocation may also occur when a property owner voluntarily offers his home or business property for sale to the City of Delray Beach. In these cases, the seller may be required to waive rights as a condition of sale of the property, and the Uniform Relocation Act provisions will govern actions of the City of Delray Beach and/or its representative. 24 C.F.R. Part 570 is a governing document on displacement and is incorporated by reference. 49 C.F.R. Part 24 provides Uniform Relocation Act information and is incorporated by reference. As pertains to the City of Delray Beach Tenant Assistance, Relocation and Real Property Acquisition Plan, the U.S. Department of Housing and Urban Development Handbook #1378, shall be adopted in its entirety as a part of this policy as amended. II. Definitions of "Standard" and "Non-Standard Suitable for Rehabilitation" Dwelling Unit Condition In the absence of federal and state provided definitions, the following is provided to establish a frame of reference and context when dealing with matters of displacement and/or relocation as defined in 24 C.F.R. Part 570 and 49 C.F.R. Part 24. A. Standard Condition A dwelling unit is considered "standard" if it has no major defects or only slight defects which are correctable through the course of regular maintenance. It must be in total compliance with applicable county housing and occupancy codes; be structurally sound, watertight, and in good repair; be adequate in size with respect to number of rooms and area of living space and contain the following: 1. A safe electrical wiring system adequate for lighting and other normal electrical devices. 2. A separate, well-lighted and ventilated bathroom that provides user privacy and contains a sink, commode, and bathtub or shower stall, all in good working order and properly connected. 3. An appropriate, sanitary and approved source of hot and cold potable water. 4. An appropriate, sanitary and approved sewage drainage system. 1 5. A fully usable sink in the kitchen, attached to a potable water source. 6. Adequate space and service connections for a stove and a refrigerator. 7. An unobstructed egress to a safe, open area at ground level. 8. Contain a heating system capable of sustaining a healthful temperature. 9. Have no barriers which would preclude ingress or egress if the occupant is handicapped. 10. Meet the Section 8 Housing Quality Standards. 11. Comply with the lead-based paint requirements of 24 C.F.R. Part 35. 12. Meet the requirement of the local existing Housing Code. Failure to meet any of these criteria automatically causes a dwelling to not be considered "standard." B. Substandard Condition Suitable for Rehabilitation A dwelling unit is considered substandard if it does not fully comply with the standard criteria, does not comply with the adopted existing housing code, has minor defects which require a certain amount of correction but can still provide safe and adequate shelter, does not meet the HUD Section 8 Housing Quality Standards, or has major defects requiring a great deal of correction and will be safe and adequate once repairs are made. To be suitable for rehabilitation, atrained housing specialist must carefully inspect the dwelling and prepare a work write-up of repairs necessary to bring it up to standard condition. A cost estimate of repairs will be prepared based on the needs identified in the work write-up. If these costs are equal to or less than 75% of the fair market value of a comparable unit in standard condition as obtained from more than one licensed contractor, the dwelling will be considered suitable for rehabilitation. If the predicted cost exceeds 75% of fair market value after completion of the rehabilitation, the unit will be deemed unsuitable. This criteria is arbitrary, however, and the City of Delray may authorize deviations based on the unique aspects of each dwelling, owner, tenant, etc. on a case-by-case basis by vote of the Commission. Each deviation so approved must be thoroughly documented. III. Permanent, Involuntary Displacement The City of Delray Beach will provide reasonable relocation assistance to persons (families, individuals, businesses and nonprofit organizations) displaced (moved permanently and involuntarily) as a result of the use of CDBG/federal assistance to acquire or substantially rehabilitate property. Assistance to displaced persons may include: a) Payment for actual moving and relocation expenses documented by receipts and/or vouchers from service providers and utility companies. The documents shall be submitted prior to the disbursement of payment; b) Advisory services necessary to help in relocating; and c) Financial assistance sufficient to enable the displaced person to lease and occupy a suitable, decent safe and sanitary replacement dwelling where the cost of rent and utilities does not exceed 30 percent of the household gross income of a family earning 80 percent of the median income for the jurisdiction. 2 A. Provisions for One-for-One Replacement The City of Delray Beach will replace all occupied and vacant occupiable low/moderate-income dwelling units demolished or converted to use other than as low/moderate-income housing as a direct result of activities assisted with funds provided under the Housing and Community Development Act of 1974, as amended, and as described in 24 C.F.R. Part 570. Replacement low/moderate-income units may include public housing or existing housing receiving Section 8 project based-assistance. All replacement housing will be provided within three years of the commencement of the demolition or rehabilitation relating to conversion and will meet the following requirements: 1. The units will be located within the Delray Beach City Limits. 2. The units will meet all applicable City of Delray Beach housing, building, and zoning ordinances and will be in standard, or better condition. 3. The units will be designed to remain low/moderate-income dwelling units for at least 10 years from the date of initial occupancy (applies to initial tenant only). 4. The units will be sufficient in size and number (functionally equivalent) to house at least the number of occupants who could have been housed in the units that are demolished or converted. Before obligating or expending CDBG/federal funds that will directly result in such demolition or conversion, the local government will make public and submit to the Florida Department of Community Affairs and/or the U.S. Department of Housing and Urban Development the following information in writing: 1. A description of the proposed assisted activity. 2. The general location on an area map including approximate number of dwelling units by size (number of bedrooms) that will be demolished or converted to a use other than low/moderate-income dwelling units. 3. A time schedule for commencement and completion of the demolition or conversion. 4. The general location on a service area map and approximate number of dwelling units by size (number of bedrooms) that will be provided as replacement units. 5. Identification of the source of funding at the time of submittal and the time frame, location and source for the replacement dwelling unit. 6. The basis for concluding that each replacement dwelling unit will be designed to remain a low/moderate-income dwelling unit for at least 10 years from the date of initial occupancy. 7. Information demonstrating that any proposed replacement of a unit with a smaller unit is consistent with the housing needs of LMI persons in the jurisdiction. 3 B. Provisions for Relocation Assistance for Residential Displacement The City of Delray Beach will provide relocation assistance, as described in 24 C.F.R. Part 570, to each low/moderate-income household involuntarily displaced by the demolition of housing or by the conversion of a low/moderate-income dwelling to another use as a direct result of CDBG/federally assisted activities. Persons that are relocated are entitled to: A choice between actual reasonable moving expenses or a fixed expense and dislocation allowance. 2. Advisory services 3. Reimbursement for reasonable and necessary security deposits and credit checks. 4. Interim living costs. 5. Replacement housing assistance which may include a Section 8 housing voucher/ certificate and referral to assisted units; cash rental assistance to reduce the rent and utility cost or lump sum payment equal to the present value of rental assistance installments to be used toward purchasing an interest in a housing cooperative or mutual housing association for a period up to 60 months (5 years). C. Provisions for Non-Residential Relocation Businesses, non-profit organizations. etc., shall not be relocated unless the move is voluntary, essential to the project from the public review, and the owner waives higher rights under the Uniform Act, except for the following relocation assistance: Actual moving and reasonable re-establishment expenses not less than $3000 nor more than $10,000 equal to a pro rata share for the period of interruption of operations of the annual net earnings. Average annual net earnings are one half of the entity's net earnings before taxes during the two taxable years immediately prior to the taxable year it was displaced. 2. No other benefits will be provided and a signed waiver acknowledging that fact will be required. IV. Temporary, Voluntary Displacement and Relocation A. Persons occupying housing which is to be rehabilitated using CDBG/federal funds must voluntarily agree to inclusion in the program and shall temporarily vacate the housing at the direction of the County (or its designed agency) in order to facilitate the safe, timely and economical rehabilitation process. B. A moving allowance of $2500 will be provided each family unit so displaced. This allowance will be provided in two payments of $1250 each on move out and move back in. C. The City of Delray Beach may provide a safe, decent and sanitary housing unit for use as temporary relocation housing. The unit shall be available free of charge to temporarily displaced households for the time period authorized by the Delray Beach designated agency, generally for the period of rehabilitation construction. Households who occupy the unit shall have a $75 4 refundable deposit withheld from their initial moving allowance payment. This deposit shall be refunded in full immediately after the relocation unit is vacated in a clean and undamaged condition. The deposit refund shall be denied in full or in part for payment of damages to the owner/lessee due to the occupants', (a) failure to properly clean or maintain the unit, (b) physical damage to the unit, (c) loss of keys to the units, or (d) need for any special condition such as fumigation. A $25 per day penalty may also be assessed for the household's failure to properly vacate the relocation unit when directed to do so by the Delray Beach designated agency. D. A storage allowance of up to $600 will be provided each family unit displaced if storage is necessary and essential to the move. E. Insurance cost of up to $300 for the replacement value of the household property in connection with the move will be provided each family unit displaced if storage is necessary and essential to the move. V. Permanent, Voluntary Displacement and Relocation. If it is determined by the City of Delray Beach that the occupants of a dwelling should be permanently relocated and the occupants voluntarily consent, the courts will assist in the relocation to a decent, safe and sanitary dwelling unit. Benefits, if provided, will be limited to increases in monthly housing costs incurred by the occupant in an amount equal to the lesser of 60 times the increase or 30 percent of the person's annual income. 24 C.F.R. Part 570 must be consulted to determine specific limitations. Payment of relocation benefits for housing assistance will be spread over 60 months (or 42 months for non-LMI relocatees). VI. Tenant Assistance Policy/Federal Rental Rehabilitation Program A. It is not the local government's policy to displace families in rental units. Participating landlords will be required to warrant that the proposed rehabilitation will not cause any tenant to be permanently displaced unless the owner will be able to relocate the tenant displaced in accordance with HUD relocation criteria. Rehabilitation funds will not be used to rehabilitate the rental units if the rehabilitation will cause the permanent displacement of LMI families. B. If it becomes necessary for an owner to temporarily move a tenant from a unit as a direct result of rehabilitation assisted through rental rehabilitation funds, the owners will assure that the tenant is offered a decent, safe and sanitary dwelling unit at an affordable rate as described in the applicable regulations. No tenant will be considered displaced if the owner has offered the tenant a decent, safe, sanitary and affordable unit and the tenant has declined the offer. C. Should temporary displacement become necessary for a LMI family as a result of the rental rehabilitation assistance, the owner will assure that tenants are provided the necessary financial assistance, information, counseling, referrals and housing location options regarding Federal Fair Housing and other relocation services as needed without regard to race, color, religion, sex, familial status, age, handicap, or national origin, so as to enable the family to obtain decent, safe and sanitary housing at an affordable rent. D. The Housing Authority of the City of Delray Beach shall provide federal preference to any qualified LMI family subject to relocation. Where Section 8 Housing vouchers are available, such preference will apply. E. Where required, compensation to obtain replacement housing shall not exceed a $2000 threshold. Should such projected compensation to the tenant exceed this threshold, consideration shall be given to not performing the demolition rehabilitation which would cause the displacement. VII. Displacement of Homeowners When rehabilitation of the dwelling is not feasible or cost effective, demolition of a house with CDBG/federal funds may be considered only as a voluntary action by the homeowner. Although homeowners have a right to assistance as previously discussed, CDBG/federal funds available for relocation assistance are limited. Therefore, financial assistance shall not exceed that described in accordance with 49 C.F.R. 24.401 and the regulations under U.S. HUD Handbook 1378. VIII. Appeals/Counseling A. If a claim for assistance is denied by the City of Delray Beach the claimant may appeal, where applicable to either the State of Florida or U.S. Department of Housing and Urban Development, and their decision shall be final unless a court determines the decision was arbitrary and capricious. B. Counseling will be provided to displacees in the areas of household finance, fair housing rights, real estate transactions, and locating and evaluating replacement housing options. Counseling shall be provided by the City of Delray Beach or its designated agency to permanently ensure that: 1. No person is discriminated against based upon age, race, color, religion, sex, handicap, familial status, national origin, or presence of children in the household. 2. Displacees receive information concerning the full range of housing opportunities within the local housing market. 6 e ...... ..... ~;~ - ~' s. - C`. "~J :: STANDARD STATE AND LOCAL TASK FORCE AGREEMENT This agreement is made this 30th day of September, 2009, between the United States Department of Justice, Drug Enforcement Administration {hereinafter "DEA"}, and the Delray Beach Police Department (hereinafter "DBPD"}, WHEREAS there is evidence that trafficking in narcotics and dangerous drugs exists in the South Florida area and that such illegal activity has a substantial and detrimental effect on the health and general welfare of the people of South Florida, the parties hereto agree to the following: 1. The West Palm Beach Task Force will perform the activities and duties described below: a. disrupt the illicit drug traffic in the South Florida area by immobilizing targeted violators and trafficking organizations; b. gather and report intelligence data relating to trafficking in narcotics and dangerous drugs; and c. conduct undercover operations where appropriate and engage in other traditional methods of investigation in order that the Task Force's activities will result in effective prosecution before the courts of the United States and the State of Florida. 2. To accomplish the objectives of the West Palm Beach Task Force, the DBPD agrees to detail one (1) experienced officer to the West Palm Beach Task Force for a period of not less than two years. During this period of assignment, the DBPD officer will be under the direct supervision and control of DEA supervisory personnel assigned to the Task Force. 3. The DBPD officer assigned to the Task Force shall adhere to DEA policies and procedures. Failure to adhere to DEA policies and procedures shall be grounds for dismissal from the Task Force. 9. The DBPD officer assigned to the Task Force shall be deputized as a Task Force Officer of DEA pursuant to 21 U.S.C. 878. 5. To accomplish the objectives of the West Palm Beach Task Force, DEP. will assign five (5) Special Agents to the Task Force. DEA will also, subject to the availability of annually appropriated funds or any continuing resolution thereof, provide necessary funds and equipment to support the activities of the DEA Special Agents and DBPD officer assigned to the Task Force. This support will include: office space, office supplies, travel funds, funds for the purchase of evidence and information, investigative equipment, training, and other support items. 6. During the period of assignment to the West Palm Beach Task Force, the DBPD will remain responsible for establishing the salary and benefits, including overtime, of the officer assigned to the Task Force, and for making all payments due them. DEA will, subject to availability of funds, reimburse the DBPD for overtime payments made by it to the DBPD officer assigned to the West Palm Beach Task Force for overtime, up to a sum equivalent to 25 percent of the salary of a GS-12, step 1, (RUS} Federal employee (currently $16,903.25), per officer. 7. In no event will the DBPD charge any indirect cost rate to DEA for the administration or implementation of this agreement. 8. The DBPD shall maintain on a current basis complete and accurate records and accounts of all obligations and expenditures of funds under this agreement in accordance with generally accepted accounting principles and instructions provided by DEA to facilitate on-site inspection and auditing of such records and accounts. 9. The DBPD shall permit and have readily available for examination and auditing by DEA, the United States Department of Justice, the Comptroller General of the United States, and any of their duly authorized agents and representatives, any and all records, documents, accounts, invoices, receipts or expenditures relating to this agreement. The DBPD shall maintain all such reports and records until all audits and examinations are completed and resolved, or for a period of three (3) years after termination of this agreement, whichever is sooner. 10. The DBPD shall comply with Title VI of the Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of 1973, the Age Discrimination Act of 1975, as amended, and all requirements imposed by or pursuant to the regulations of the United States Department of Justice implementing those laws, 28 C.F.R. Part 42, Subparts C, F,G,H and I. 11. The DBPD agrees that an authorized officer or employee will execute and return to DEA the attached OJP Form 4061/6, Certification Regarding Lobbying; Debarment, Suspension and Other Responsibility Matters; and Drug-Free Workplace Requirements. The DBPD acknowledges that this agreement will not take effect and no Federal funds will be awarded to the DBPD by DEA until the completed certification is received. 12. When issuing statements, press releases, requests for proposals, bid solicitations, and other documents describing projects or programs funded in whole or in part with Federal money, the DBPD shall clearly y i~ ® ~ _ ~ _ .. _ ~-- ~~ ~~~~ ~...._ ---_- - - ~~ - - '~~~-"z U.S. DEPARTMENT OF JUSTICE • - ~ OFFICE OF JUSTICE PROGRAMS - OFFICE OF THE COMPTROLLER CERTIFICATIONS REGARDING LOBBYING; DEBARMENT, SUSPENSION AND OTHER RESPONSIBILITY MATTERS; AND DRUG-FREE WORKPLACE REQUIREMENTS Applicants should refer to the regulations cited below to determine the certification to which they are required to attest. Applicants should also review the instructions for certification included in the regulations before completing this from. Signature of this form provides for compliance with certification requirements under 28 CFR Part 69, "New Restrictions on Lobbying" and 28 CFR Part 67, "Government-wide Department and Suspension (Nonprocurement) and Government-wide Requirements for Drug-Free Workplace (Grants)." The certifications shall be treated as a material representation of fact upon reliance will be placed when the Department of Justice determines to award the covered transaction, grant, or cooperative agreement. 1. LOBBYING public (Federal, State, or local) transaction or contract under a As required by Section 1352 Title 31 of the U.S. Code, and implemented at 28 CFR Part fig, for persons entering into a r v defined at ti r $100 000 t t a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement theft for ery, bribery, falsifia~tion or destruction of records, making ~alse or coopera ve ag , ggran eemen o e , s 28 CFR Part 69, the appliaant certifies that: statements, or receiving stolen property; Are not presently indicted for or otherwise criminally or (c) (a} No Federal appropriate funds have been paid or will be by or on behalf of the undersigned to any person for in- paid . dvill charged by a governmental entity {Federal, State, or loca~ with commission of an of the offenses enumerated in , , fluenang or attempting to influence an officer or employee of y ara ra of this certifia3tion and h 1)(b any agency, a Member of Congress, an officer or employee of p ; g p ( ) Congress, or an employee of a Member of Congress in con- nection with the makin rant the enterin into of an Federal ((d) Have not within athree-year period preceding this applica- fi h d bl cti F d l t t S g g y g ,, of any cooperative agreement, and extension, continuation, on a one or more pu ic ransa ons ( e era , ta e, or local) terminated for cause or default; and renewal, amendment, or madifia3tion of any Federal grant or cooperative agreement; B. Where the applia~nt is unable to certify to any of the (b If an funds other than Federal appropriated funds have y statements in this a:rtification, he or she shall attach an explanation to this appliption. een paid or will be paid to any person for influendng or at- tempting to influence an officer or employee of any agency, a M b f C ffi l f C ongress, or er o ongress, an o cer or emp oyee o em an employee of a Member of Congress in connection with this 3. DRUG-FREE WORKPLACE (GRANTEES OTHER THAN INDIVIDUALS) Federal grant or cooperative agreement, the undersigned shall complete and submit Standard Form - LLL, "Disclosure of i A ti iti " i d ith it i t ti L bb As required by the Dru -Free Workplace Ad of 1988, and ng v es, n accor ance w s ns ruc ons; o y c impplemented at 28 CFR art 67, Subpart F for grantees as i 67 CFR P 67 S $ d d 2 i ((c The undersigned shall require that the language of this cer- nt T r ll rd fifi ti b i d ct d th d d b . efine at ons 15 and 67.t 8 art ect 20- awa a3 on e n u e in e awar ocume s o a su s at all tiers (inducting subgrants, contracts under grants and A. The applia~nt certifies that it will or will continue to provide a drug-free workplace by: cooperative agreements, and subcontracts} and that all sub- if d di l di l reclpients shall cert y an sc ose aa~r ng y. (a) Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing possession, or use of a controlled substance is prohibited in the grantee's 2. DEBARMENT SUSPENSION, AND OTHER RESPONSIBILITI~ MATTERS wo lace and spedfyingg the actions that will be taken against employees for violation oT such prohibition; (DIRECT RECIPIENT) As required by Executive Order 12549 Debarment and j (b Establishing an on-going drug-free awareness program to inform employees about- Suspension, and implemented at 28 CFR f rt 67, for prospeo- , tive participants in primarryy covered transactions, as defined at 8 FR P 67 S i 6 510 (1) The dangers of drugs abuse in the workplace; art , ect on 7. - 2 C (2} The grantee's policy of maintaining adrug-free workplace; A. The applicant certifies that it and its principals: (a) Are not presently. debarred, suspended, proposed far debar- i i l f F d l (3) Any available drug counseling, rehabilitation, and employee assistance programs; and e era ment declared inelig ble sentenced to a den a o benefits by a State or federal court, or voluntarily excluded be imposed upon employees for (4) The penalties that may from covered transactions by any Federal department , drug abuse violations occumng in the workplace; or agency; ((b) Have not within athree-year period preasding this applica- ment rendered a ainst tion been convicted of or had a avil jud {c) Makingg it a requirement that each employee to be engaged in the performance of the grant be given a copy of the state- h d b t g g them for commission of fraud or a criminal offense in conneo- (a); men require y paragrap tion with obtaining, attempting to obtain, or performing a (d) Notifyin the employee in _ the statement required by as a condition of employment under the aragraph ~a) that p , gran ,the employee will- OJP FORM 4!161/6 (3.91) REPLACES OJP FORMS 4!361/2, 406213 AND 406114 WHICH ARE OBSOLETE. ^ ~ p ` _ ~ it ___ _J__-_~. _ ~ EXHIBIT V PALM BEACH COUNTY MULTI-AGEN VIOLENT CRIMES TASK FORCE MEMORANDUM OF UNDERSTANDING ~.. WHEREAS, Palm Beach County Law Enforcement Agencies have entered into a combined mutual aid agreement for law enforcement services that is in full force and effect; and WHEREAS, the participating Palm Beach County Law Enforcement Agencies set forth in Exhibit A, have the authority under the combined mutual aid agreement to enter into this Memorandum of Understanding creating the Multi-Agency Violent Crimes Task Force pursuant to Section II of said mutual aid agreement, herein incorporated by and referenced as Exhibit B; and WHEREAS, the participating Palm Beach County Law Enforcement Agencies, along with the State Attorney's Office for Palm Beach County and certain Federal and State agencies, have identified a need to establish aMulti-Agency Violent Crimes Task Force in .Palm Beach County to address violent crimes, utilizing a team problem-solving approach; NOW, THEREFORE, the participating Palm Beach County Law Enforcement Agencies, State Attorney's Office and certain Federal and State agencies agree to enter into this Memorandum of Understanding in consideration of mutual interests and understandings expressed herein, the parties hereto agree as follows: I. PURPOSE 1. An enforcement initiative, identified as the Palm Beach County Multi- Agency Violent.Crimes Task Force, hereinafter referred to as "VCTF", will be established between the participating law enforcement agencies to address violent crimes occurring in Falm Beach County. 2. The VCTF will be amulti-disciplined, long-term law enforcement response to violent crime, through complex investigative techniques, pro-active patrol to identify and arrest suspects, intelligence gathering and employment of vertical prosecution, with the goal of achieving maximum inter-agency cooperation through a combined law enforcement effort to reducing violent crimes in Palm Beach County. II. AUTHORITY 1. This Memorandum of Understanding is established pursuant to the specific authority in Section II of the Palm Beach County Law Enforcement Agencies Combined Operational Assistance and Voluntary Cooperation Mutual Aid Agreement, authorizing the establishment ofinter-agency task forces. See Exhibit ~. 2. The establishment of this Memorandum of Understanding does not in any way alter or modify the provisions of the existing Palm Beach County Law Enforcement Agencies Combined Operational Assistance and Voluntary Cooperation Mutual Aid Agreement, which sets forth the powers, privileges, immunities and liabilities of the participating Palm Beach County law enforcement agencies. III. SCOPE OF AGREEMENT 1. A VCTF Boazd of Advisors will be created, made up of each participating agency's Chief of Police or Command Staff designee. The Boazd of Advisors to the VCTF will be responsible for establishing the command structure for the VCTF, determining investigative and tactical operation protocols, and adopting a unified comprehensive policy and procedure to implement the purposes set forth in this Memorandum of Understanding. The Boazd of Advisors will further recommend a location for a joint operation center for the VCTF. a. Each participating agency will have one vote on matters put before the Board and requiring a vote. b. Said protocols, operational procedures and recommendations shall be agreed upon by said Boazd and incorporated into this Memorandum of Understanding as an addendum. 2. To the extent that resources and funding allow, participating agencies will dedicate an officer to the VCTF, and provide necessary vehicles and operational equipment for those members specifically assigned to the VCTF. Those agencies which cannot dedicate an officer to the VCTF, shall assign a liaison to the Task Force. 3. The Palm Beach County SherifFs Office will provide computer networks, phones and other resources as necessary for the day-to-day operation of the VCTF, to the extent funding will allow. 4. The State Attorney of Palm Beach County will appoint an Assistant State Attorney to serve as a "special prosecutor" to prosecute all cases initiated by the VCTF. The "special prosecutor" will be available to assist in the early investigative phase, to include, but not be limited to, providing legal advice and expertise in securing search and arrest warrants against violent criminal offenders. The "special prosecutor" will be subject to call on a 24-hour a day basis. 5. The Bureau of Alcohol, Tobacco and Firearms will consider assigning personnel to the VCTF, once the program becomes operational. To the extent necessary, separate Memorandums of Understanding with Federal and State agencies setting forth their specific involvement with the VCTF will be executed. 6. The Palm Beach County Sheriff s Office will immediately dedicate personnel to seek grant funds to support this program. 7. The Palm Beach County Sheriffs Office is committed to utilizing its resources to include, but not be limited to, ballistics and DNA analysis and other crime lab capabilities. The Organized Crime Bureau, Auto Theft Task Force, Gang Unit and other specialty units will assist in carrying out the purpose and goals of the VCTF. N. EFFECTIVE DATE This Memorandum of Understanding shall take effect upon approval and signatures of the officials representing the participating agencies and will remain in effect unless and until an agency rescinds their participation in the VCTF upon 30 day written notice to the Board of Advisors. IN WITNESS WHEREOF, the agencies hereto cause these presents to be signed on the date specified. ATTEST: CITY OF ATLANTIS: Mayor (date) Chief of Police, Robert Mangold (date} (date) (date) CITY OF BELLE GLADE: Mayor (date) Chief of Police, Albert Dowdell (date) (date) (date) CITY OF BOCA RATON: Mayor {date) Acting Chief of Police, James Burke (date) (date) (date} CITY OF BOYNTON BEACH: Mayor (date) Chief of Police, G. Matthew Immler (date) CITY OF DELRAY BEACH: Mayor (date) (date) (date) (date) ~ ~~~11~ Chi f~'iilice, Anthony Stri ese te) 7 /?~D ~' -~' {dat / PALM BEACH COUNTY MULTI-AGENCY VIOLENT CRIMES TASK FORCE CRITICAL INCIDENT PROTOCOL MEMORANDUM OF UNDERSTANDING WHEREAS, Palm Beach County Law Enforcement Agencies have entered into a combined mutual aid agreement for law enforcement services that is in full force and effect; and WHEREAS, the participating Palm Beach County Law Enforcement Agencies, set forth in Exhibit A, have the authority under the combined mutual aid agreement to request and render law enforcement assistance to each other, to include but not be limited to, sharing of personnel in inter-agency task force and/or joint investigations, pursuant to Section II of said mutual aid agreement, herein incorporated by reference as Exhibit B; and WHEREAS, Law Enforcement Agencies in Palm Beach County have assigned law enforcement officers to the Palm Beach County Multi-Agency Violent Crimes Task Force, hereinafter referred to as "VCTF", and incorporated by reference as Exhibit C; and WHEREAS, it is imperative that consistent investigations be conducted when law enforcement officers aze involved in critical incidents, which result in death or serious bodily harm or injury to any person, during the course of their assignment to the VCTF; NOW, THEREFORE, Palm Beach County Law Enforcement Agencies that have law enforcement officers assigned to the VCTF, hereby agree as follows: I. PROCEDURE 1. Any law enforcement officer in Palm Beach County assigned to the VCTF, will adhere to the Palm Beach County Sheriff s Office General Order 522.00 (Critical Incident Investigations), which is herein incorporated by reference as Exhibit D, if that member is involved in a "critical incident" as defined by that general order. 2. A "critical incident" involving law enforcement officers assigned to the VCTF includes situations involving death or serious bodily harm or injury to any Berson. The assigned law enforcement officer, whether deemed an "involved officer" or a "witness officer", will be required to follow the procedures as set forth in Palm Beach County Sheriff s Office General Order 522.00. 3. It is understood and agreed that when a law enforcement officer is assigned to the VCTF, as set forth above, and is involved in a critical incident, the "involved" or "witness" officer will remain at the scene of the critical incident and comply with Palm Beach County Sheriff s Office General Order 522.00. II. EFFECTIVE DATE This Memorandum of Understanding will take effect upon approval and signatures of the officials representing the participating agencies and will remain in effect unless and until an agency rescinds their participation in the VCTF. IN WITNESS WHEREOF, the agencies hereto cause these presents to he signed on the date specified. 2 II II' ~~ ~~ ~-=r . ~. ORI9~ Crintittal justice Commission 301 North Olive Avenue, Suite 1001 West Palm Beach, F1. 334f11-1705 (561) 355-1943 FAx: (541} 355.4991 wtvw.pUcgot~ contlcjc ^ Palm Beaclt County Board of County Conunisslotters jeF1 Etoons, Chairman Bart Aaronson, Vice Chairman ECaren 'f~. I4larcus Shelley Vana Steven E.. Abrams Jess Et. Santatnaria District 7 County Administrator itobert 11~eisman _:~_¢, f , "'ri ~ ~~L~~I~~~~tt, ~:' :9n £qtr~! Opyorlunitf~ ,4fjrrinalire fEclron ,Etnpfoyer" JUG 2 ~ 2~~~ C~tY COMMISSIaN J1~ly ~~, 2oos Ta A11 Palm Beach County Mayors: The Criminal Justice Commission (CJC) seeks your approval in the allocation of FY20f 0 (Federal Fiscal Year 2009) Annual JAG funds. The total FY2009 allocation to Palm Beach County is $602,122, JAG blends the previous Byrne Formula and Loco[ Law Enfiorcement Black Grant (LLEBG) Programs to provide agencies with the flexibility to prioritize and place justice fiends where they are needed most. The recommendation for the FY2010 allocation is as follows: FEDERAL, SUBGRAN7EE PROJECT TITt,E FUNDS RECOMMENDED Palm Beach County/ Administration (10%) $60,212 Criminal Justice Commission _ _ Palm Beach County/ program Evaluation $100,000 Criminal Justice Commission City of Pailokoo Youth Programs $132,000 Inst PSCC Crim Just Firing Range Training $5 910 . . . Enhancements __ Gulfstroam Goodwill Belle Glade -- Fie-Entry $60,000 N.O.P.E. Task Force Education Program $40,000 PBG l_aw Enforcement L_EX Program $80,000 Exchan e, Inc. ~_ Public Defender/15 Circuit Re_Entry Paralegal Assistance $~iQ,000 Court .~~ City of Riviera l3eaeh Weed & Seed Program $64,000 YWCA of PBC Y Giris Program $20,000 TorAL ~so2,122 The Florida Department of Law Enforcement (FDLE) requires that fifty-one percent {51 %) of the local units of government representing at least fifty-one percent X51 %) of the county`s population agree on the allocation of these funds. printed on recycled paper For your convenience, we have prepared a sample letter for your use. This sample letter can also be e-mailed to you by e-mailing a request to Michael Szakacs at MSZAKACSCa~PBCGOV.ORG. Due to the application deadline, we ask this letter be received at the Criminal Justice Commission Office, ono later than August 20, 2009. Please send the letter to: Palm Beach County Criminal Justice Commission Attn: Michael Szakacs 301 North Olive Avenue, Suite 1001 West Palm Beach, FL 33401 If you should require additional information or have any questions, please contact Michael Szakacs at (561) 355-939. Your immediate attention to this matter is greatly appreciated. Sincerel ,~ Micha . R r' uez Executive Director Cc: Mr. James Barr, CJC Chairman All Palm Beach County Pofice Chiefs <insert date Mr. Clayton Wilder Florida Department of Law Enforcement Office of Criminal Justice Grants 2331 Phillips Road Tallahassee, FL 32308 Dear Mr. Wilder: In compliance with the State of Florida Rule ##D-9, F.A.C., the <insert name of city, viffage ar town> approves the distribution of $602,122 of Federal Fiscal Year 2009 (FY2010} Edward Byrne Memorial JAG Program funds for the following projects within Palm Beach County: FEDERAL SUBGRANTEE PROJECT TITLE FUNDS RECOMMENDED Palm Beach County/ Criminal Justice Commission administration (10%) $60,212 Palm Beach County) Criminal Justice Commission program Evaluation $300,000 City of Pahokee Youth Programs $132,000 Pl3CC Crim. Just. last. Firing Range Training $5 910 Enhancements Gulfstream Goodwill Belle Glade - Re-Entry $60,000 N.O.P,E, Task Force Education Program $40,000 PBG Law Enforcement Exchan e, lnc, LEX Program $80,000 Public Defender/15 Circuit Court Re-Entry paralegal Assistance _ $40,000 City of Riviera Beach Weed & Seed Program $64,000 YWCA of PBC Y Girls Program $20,000 TOTAL $602,122 Sincerely, Mayor <insert name of city, Town, village> i ~u~us"~~ ~4;; .2009a ayf an U~.ilefe~ ~~l,~ic~a depaenf ~ ~a Irceal~rfi fic~ of Criminal J~ustt~~'fs X233'1 Ph~'llips .Road ~"altah~ss~~, FLi.. Crlf~r~ t/Vif~~; ~~ ~arrn~lianc~ avitt~ ~fe ~1~ ~~# orida ~it~'~ 1~~-9~~ ~.A:F~ ~th~ 'Ci#y ~f° l~eiray ~~9 ;~TE3Y~`S ~lE d'iStrf17,641:ui~C1 Q~ ~~0.2,~'2~ Hof F~#er~~ IFisca~ Year 20~~ (~Y 20~b) ~~w B~ ;11e~oriaf ~JA~ Yf~zg~am funds #or~ 'e~ f~tlowing; ;~praj.~cts with~fn .Pa1rr~ >f'y ~` ~~'~ _ ~ It`'ID ~t ~'C~~II~D Pajrn = aG _ tYtir~~~r~tic~ 'iY1~lo • - .~~ i~tnty/Cx~l!rtfnal Jtrstac~ Comr~rssion _ Palm .Bach ~Yo~ram Eu~l~a~i~rr ~~ ~> ~n#yt~r~al JusftC~~ G ~ irnissiv_ n -- _ _ !Gif u~ F~hokee3 YoU~~ Pra_ rams _~1~2:OOQ= Br/C Cri~~t, Just. Irts~m firing Ran~.~ Tra~i~r~rrfg! _ ~5;~3 G~ifstr~am Gaoduuill'1 ~~~E' ~'~ - 60,Ok~0 -, -- _ N;o,P.E_. Task.~a~ - _ ~due~ti' - $40,000. ~'BC ~~:aw ~riforcemet~ ~~~ Pro~r.~r~~ $8Q;O.OQ FYC.h~n, e, fnc, I'~b rc e enclerJ3~ G~irct ;'e•-~~atry Par'~'lr~l $4fl,b41~~ Court _ _ ~ssistar ~' i~iQra Beac~.~ ~tleed & Sped pro rarr~ a$6~t;0a _ of PB _ ~irls;~ro ram _ _~20,OOf7 - ~ ~.." ~$OZ x!22 ~inre€efy ~leTsor~ S..~c~2uffi~ Mayor' V ~~~ ~~~~ ~~~~~~ ~~~ .__~ Giry of Delray Beach, Florida DDA Budget Highlights 2009-2010 July 20, 2009 Revenue: 1 mil tax revenue decrease over last year (est.) Expenses: Decrease /Increase by line item: Delray Beach Guidebook Pineapple Grove Arts District Western Gateway (WARC) Promotions & Grants Other Special Events & Marketing Net P~'int IVlarketing & Advertising '~ see attached breakdown Other Marketing & Economic )bevelopment $ (67,058) $ (4,536) $ 5,000 $ s,ooo $ (1.,500) ~ (5,000) $( 65,197) $ (5,036) Net reduction of expenses over est. year end $ (70,489) * Net Print Marketing & Advertising analysis: Other Misc_ Design & Printing $ (2,000) Art & Culture Magazine $ (5,450) Convention & Visitors Bureau+ webs $(14,000) Boca Mag -Florida Table +websites $ (2,265) llinrng Out Magazine $ (1,000) Visit Florida +websites ~ (3,179) Where Hotel Guest Book ~ (1,115) Palm Beach Illustrated $ (4,380) Southern Living Magazine + websites $ (4,492) ',Travel Host/Clubhouse/Oceanfront $ (4,500) PG/W,A Marketing & Development $ (7,000) Visit Fla llowntowns & Small Towns netxnv RFAC-H $(15,493} '~~! All-pmerlp GI-ry ' 6'1-ASE FrFthAve:nue, lle.lray F3c~ch, PL i3~183 - Tel 5~i1278,p4 2=~ - ~~.x: Sfil.?7H.055J ~ I r www.D~.v~ nLO~ nnclra} BC~II ~.cc~rtl Downtown Develo ment.4uthori Income & Ex enditure to 6/30/09 + Year end & Bud et upaeicd ~rvilo9 Income & Expenditure 2 c 2008/09 opose u ge 3 c u o ae 4 u ge o ae Over)/ n er u ~e s ~ma a Proposed ge Ad e i > > 2 ~70 Int 2 > > 4 ~~, ellan us In av Ea enditures .M. ntri 1 > > 22 Ex i 1 > > > 4 B in F 14 > ~ b p ~ 1 > e and cri i 1 > ~ 2 9 Siren u D > ~ > > ili ranc > , IS , ra.i ee > > ~ > 1 4 nfe M & 20 > > > Offic lie 'rs ~ 21 ~ > S Pos rin i 2 } > > > 2 ~ s D B 'de H Tree st Ni ~ > > > > le e W rn a 4 5,000 er mos ants 6,500 R m D > ~ ~ ~ , Oth i 1 s & > > I> > Ne ark & A > , , , l 3 162,64 Mark is > 0 (~~ 3 q 4.0,000 s ota xpenses 5 , 1 4 73,1 Rev er er Funds Bti+~vd October 1$t 11,359 11,359 11,359 11,359 Tpta! Funds carried fwd 11,359 12,608 69,571 13,285 13,107 Dare' 7/192009 4:32 PM Pagc_ I na s~15 Actu DA ar tyn A ve nc ve rkebing AdvertlsiAg Reserve 'ntin M nthly C lenders Pri isc & & J Ma etin Downtown News er er Misc Desi Printin rtin , ~'rom Actual ~ 3,33 otions & Grants at 6/30/ 2 8/09 Artuat Budget 2008/0 Ansl sin 6 013 7 500 9 158 00 5 5 6 040 10 45 1 00 U9 + Est Yr end st~mat 7, 1 > 158 S, 85 1 ,000 ecc ~uVSi-tu l3uu ropose q get _ 7 800 00 6,00 10,000 Art Culture a 'ne Airtran fli t ine se Other Co ntion Visitors reau Delray 13oca & FI Tahle M s 450 2 17 27 2 5 3 0 20 0 l 00 ~~ 2 ,000 27>Z6S 0 10,000 25.000 Dining Out i 000 1 0 1, 0 V~ it Flori Vacation Guide & b 2 l7 18640 2,179 19.000 Gues Inform Where est Boo 6 4 6 1 000 > 1$ 8,000 Palm Be ch Illus ted 4 3$0 3 4, 0 outh vin M ine ~. 492 30 00 $>4~~ 24,000 T vel Host/Clubhse Livine/Oce front V ide_ oyinema & Ty 7 80 5 25 1 1 000 9 00 0,440 > 1 5 7 000 We~site Other Misc. Ads rktn 4 40 2 204 004 3 00 6>S3 Zn2 0 900 0 V" itor's In ation tEr 504 ,6$5 PG/WA Mar & 17ev ment 5 812 3 7,0 0 Co-a tive Adv isin -S em -o A isin~ - Fl Down & S 11 500 35 3 520 3 00 3,500 35, 17,5, her Co-o native Adv isinu 4 8,39 00 Total Payments to ate ens Co-operative Income , 0 2,3 00 2 7 7, , ,500 Net Mar r ng sing ex ease to d ate ,009 204,6 2Z ,837 162,64 Mince igneous rom~tione & Greats Gar is Festi- via ~ 50 0 Green arket 1,Z5 1, Sian Festiva De ra $e~,~°i~Festw~a~~ 750 1,250 B amian Cultw estiva ~ncoDaMayo 750 750 Communi Nei rhood 75 Delray ~uzens or o Ice 750 75 Dots ( 1, 00 2004 0 Se ace 0 Community C ~ Care Center _ Pineap~e Grove 1,250 75 ~ t. atrick's ay P~~ 50 750 EPC+C pad - tar ~gllt Ga a 1,25 D. . Histonca ocle - enta~e Fa-r ila~ra~oncert Senes Fire~glnters Annua Ili Coa -out 750 otal Payments 5 12,0 ,000 TotaT~x eases /fwd 2 , 6 19 9 6,660 Z35 1 ,140 AGREEMENT THIS AGREEMENT entered into this ~ day of . 2002, by and between the CITY OF DELRAY BEACH, a Florida municipal corporation, (hereinafter referred to as City} and CANNERY ROW, LLC (hereinafter referred to as Developer}, provides as follows: WHEREAS, a project called Cannery Rowe is being developed along the east side of the 300 block of Pineapple Grove Way in the City; and WHEREAS, Land Development Regulation Section 4.4.13(H} provides that if the developer of a project fronting on N.E. 2nd Avenue, between N.E. 3rd Street. and N.E. 4th Street, chooses to dedicate an area at the northeast comer of the project to the City for open space and to convey property and a building to the City fronting on N.E. 2nd Avenue at the southeast comer of the project, then the developer shall not be required to furnish non-residential uses fronting on the west side of N.E. 2nd Avenue between N.E. 3rd Street and N.E. 4th Street; and. WHEREAS, the Developer will dedicate a parcel at the northeast comer of the project to the City for park purposes and will transfer land and a completed shell structure, as more thoroughly described in this Agreement, to the City located at the southeast corner of the proj ect and fronting on N.E. 2nd Avenue, to be used as an artist workshop/gallery as a condition of the Development; aad WHEREAS, pursuant to F:S. 163.3225 the City has held 2 public hearings regarding this Development Agreement and this Agreement. is consistent with the City's Comprehensive Plan and Land Development Regulations; and WHEREAS, the Developer has the aptian to build a mixed use project in accordance with the City's Land Development Regulations but chose instead to enter into this Development Agreement; in its sole and absolute discretion, and be bound by the terms and conditions of this Agreement. NOW, THEREFORE, inconsideration of the mutual covenants and undertakings set forth herein and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Developer and City hereby agree as follows: 1. Recitations .The above-stated recitals are incorporated as if fu11y set Earth herein. ?. Dedication of Pant Land . The Developer shall dedicate, to the City, a parcel, as shown on Exhibit °A", for park purposes which shall be maintained by the City..In lieu of the City paying the Developer the value of the land, which is $414,645.Oa; the City shall waive the Impact Fee set forth in LDR Section 5.3.2 (c} for alI units. Developer will provide a water service stub-out to the property line that the City can connect to an irrigation meter at a later date. Developer will sod the corner if the NE corner of the project has been landscaped prior to the City completing the landscape plan for the park. All maintenance of the park shall be by the City. Developer will have no other improvement requirements far the park area. The property described in Exhibit °A" shall be dedicated to the City in perpetuity on the plat to be recorded by the Developer. 3. Conv~ance of Unit . Developer shall also convey fee simple title to the City of Lot 12 of the Plat of Cannery Row with a completed shell structure, pursuant to floor plans, elevations, and specifications as set forth on Exhibit "B", to the City to be used by the City for community/city projects- as it determines, in its sole discretion. The City shall pay the actual land cost and costs of construction of the unit, which will not exceed $530;C~0~.0~. The parcel and structure shall be transferred to the City, or its assigns, in accordance with the purchase and sale contract between the City and Developer is in the form attached hereto as Exhibit "C". The approval- of this Agreement is conditioned upon the parties executing a purchase and sale agreement (Exhibit "C") withinl2a days of the execution of this Agreement. Failure to approve such an agreement within the time period set forth shall make this Agreement null and void. Developer will finish the interior of the unit at cost, provided that the City provides Developer with all necessary plans, specifications, drawings, permits., etc., so that Developer may construct the interior of the unit at the same time the interiors of the adjoining units are being constructed, so as to not interfere with the quiet enjoyment of the adjacent units when sold for occupancy. Should the City desire to retain a third party to finish the interior of the unit, the City will required to commence the construction at the same time that the Developer is constructing the interior of the adjoining units, and subject to the Developer's site plan develogment, construction schedule, and safety measures as implemented by Developer. Commencing upon conveyance of the unit from developer to the City, the City will responsible for Homeowner's Association (HOA) assessments. The HOA documents will reflect that all units will be charged the same uniform rate of assessment, except for the Art Facility, which will be charged less, as it wilt have no use of the common-area facilities (pool. gazebo. playground, etc.). Any Lease of the Art Facility by the City will specifically state that the tenant(s) do not have use of the common area facilities and their occupancy shall be subject to theHOA documents, including any Rules and Regulations promulgated by the Developer and/or Homeowner's Association. The. proposed purchase and sale aareernent (Exhibit "C") contains a provision which allows the City the option to a) purchase the Community Facility unit at the developer's cast, not to exceed $Sa0,000.00; or b) not proceed with the purchase of the Community Facility, but, instead, purchase Lot I2, only, to be used for park purposes only with appropriate deed restrictions, without any improvements thereto other than water service (using City's water meter and City bearing all water usage charges}, landscaping and irrigation for the Lot 12, whereby Lot i2 shall be owned by City (or the public forpark purposes only if so dedicated by City ar by Developer through an amendment of the Plat);. or c) terminate the Agreement without penalty to the City if the City determines, in its sole discretion, that the purchase of Lot l2 far purposes of a Community Facility or a park is not in the best interests of the City of Delray Beach. In the event the City elects to terminate the Agreement or purchase Lot 12 for park purposes, the City shall not thereafter impose upon the developer, or any successor in interest, a requirement to construct any commercial improvements within the Pxoject. 4. Requirements of Development Agreement_,. (a} A legal description of the land subject to the agreement, and the names of its legal and equitable owners - Lots 1 through24, inclusive, Block 73 anal the 16 foot alley right of way lying East of and adjacent to the East line of Lots 1 through 12, inclusive, subdzvisiam of Block 73, according to the Plat thereof as recorded in Plat Book 12, page b2, Public Retards of Palm Beach County, Florida, less the North 15 feet thereof. Legal Owners -Cannery Row, LLC (b) The duration. of the agreement -- Less than 10 years (c) The development uses permitted on the land, including population. densities, and building intensities and height -Uses permitted are residential and commercial; proposed population density is 183; building density is a maximum of 30 units per acre; and maximum. height is 48'. {d) A description of public facilities that will service the development, including who shall provide such facilities; the date any .new facilities, if needed, will be constructed; and a schedule to assure public facilities are available concurrent with the impacts of the developzn.ent; -The public facilities are water and sewer and they are already in place. {e) A description of any reservation or dedication of land far public purposes; -see the plat attached to this agreement. {~ A description of all local development permits approved or needed to be approved for the development of the land; -building permits, 5. Co~nencernent of Agreement . This Agreement shall commence 31 days after the Department of Community Affairs is in receipt of the Agreement, as per paragraph 5, and shall expire upon the conveyance and dedication of the parcels and building to the City from Developer, however,. in no event shall the term of this Agreement exceed 10 years. 6. Failure to Addxess_a Condition/Recluire~er~t . .Lf this Agreement fails to address a particular permit, condition, term, or restriction, Developer shall not be relieved of the necessity of complying with the Iaw governing said permitting requirements, conditions, ternr~.s ar restrictions. 7. Recording of Agreement .Pursuant to F.S. 163.3239 this Agreement shall be recorded in the public records of Palm Beach County and a copy of the recorded agreement shall be submitted to the Department of Community Affairs. 8. Review a£ the Agreement .The City, at least once every 12 months, shall review this Agreement to determine if there has been demonstrated good faith compliance with the terms of the Agreement. If the City determines, based upon substantial competent evidence, that there has been a failure to cornpiy with, the terms of this Agreement, the Agreement no,ay be revoked or modified by the City, 9. Amendment/Cancellation .Pursuant to F.S. 163.3237, this Agreement may be amended or canceled by mutual consent of the parties 10. Assignment . The purchase and sale agreement (Exhibit "C"} may be assigned by the City to the Community Redevelopment Agency or the Delray Beach Community Land Trust, Inc, without the approval of the Developer, if the City wishes to assign the purchase anal sale agreement ro another entity it must first obtain consent of Developer,. which shall not be unreasonably withheld. 11. C m Hance with Laws . xf state or federal laws are enacted after the execution of this Agreement which are applicable to and preclude the parties' compliance with the terms of this Agreement, then this Agreement shall be modified or revoked as is necessary to comply with the relevant state law or federal laws. 12. Indemnification .Developer hereby agrees to defend, indemnify and hold the City harmless from any and all claims, suits or any other cause of. action arising out of this Agreement including attorneys fees. and casts expended by the City at trial or appellate levels to uphold this agreement. 13. Compliance with the Ci , s Comprehensive Plan This Developers Agreement is in compliance with the City's. Caznprehensive Plan and Land Development Regulations. 1~F. Venue. Any claims, lawsuits or disputes that may arise under this Agreement shall be governed by the Laws of Florida, with venue in Palm Beach County, Florida. 1S. Alxp~ovals. This Agreement constitutes the entire agreement and understanding of the parries. There are no representations orunderstandings ofany kind not set forth herein. Any amendments to this Agreement must be in writing and executed by both parties. (Signatures on Following Page} IN WITNESS WHEREOF, the parties hereto have entered into this Agreement as of the day and year first above written. ATTEST: By' V~~ City Clerk Approved as to Form: By: '~'~--- ~~.City Attorney WITNESS: (Name Printed or Typed) ~,,--~.. ~, (Name Printed to Typed) STATE OF FLORIDA COUNTY OF PALM BEACH CITY OF DELRAY BEACH ,~- ~{~' `$y: Mayor, Rita Ellis Cannery Raw, LLC, by Ironwood Properties, Inc., Member By: C~tein, President The foregoing instrument was acknowledged before me this ~ rlay of May, 2007, by Cary Glickstein, as President of Ironwood Properties, Inc., a Flarida corproation, on behalf of the corporation. He is personally known to me or has produced (type of identification) as identification. r~ ~ ~ . ~- Signature of Notary Public My Commission Expires: Yi 5:..L~S..~?. .. w.. ~4~.~!'._. 41. ~~ER OPTIONS. In addition m Buyer's rights herein to purchase the Community Facility at Seller's cost, not to exceed $S30,OQ0.~0; anal as more particularly described in t~hai Developer Agreement, afeven date herewith, betwzen Buyer and Seller, Buyer shall har-e to option, upon notice to Seller as described below, ta: a) not proceed with the purchase of the Carrtmunity Facility, but, instead, purchase Lot 12, only, to be used for park purposes only, with appropriate deed restrictions al#owing only use as a earls, and without any improvements thereto other than water service. (using Buyer's water r~neter and Buyer bearidg all water usage charges), landscaping and irrigation forthe Lot 1Z, whereby Lot 12 shalt be owned by Buyer (or the public for park purposes if so dedicated by Buyer or by Seller through an arnendrncnt of the Plat); ar b) terrninata this AAgreemegt without penahy to Buyer if Buyer deterranaines, in its sale discretion, that the purchase of Lot l2 for purposes of a Community Facility or $ park is sot in the best interests. of Buyer. In the event Buyrec elects to termi[tatie this Agreement, Buyer shall not thereafter impose upon Seller, or any successor in interest; a requi!r~ament bo canstivct any commercial imgravements within the Projgct. Notwithstanding ony other natice~ requirements herein, Seller shall notify Buyer in writing, at least sixty {GO} days prior to applying fac building permits far the building in r~-hich the Community Facility unit is to ~ constructed, tlta~t Seller islands to proeead with canstruntion of such building {"Sellec's Notice to Proceed"), $uyer~shall natit'y Salter in writing within sixty (GO}days of receipt of SelIer's Native to Proceed that Bayer has 'elected to: a) purchase the CottunYmity'Facility unit at Seller's cast; not to exceed $530,000.00, as aforesaid; or b) purchase Lot 13, only, at Seller's cast of $200,Q00.00 for park purposes, as aforesaid; or c) terminate this Agreement without penalty to Btxyex. Tn the evezrt Seller does not receive notice of Buyer's elecctiop under this s~ectioa within sixty (60) days Qf receipt of Seller's Notice to Proceed, Seller shalt deem stash failure to notify Seller as Buyer's election to terminate this Agreement, whereupon Seller may proceed with develapmettt of'the Project w~tlaout auy requirement of aaramercia[ improvements. BY SYGNING BELOW', BUY~Z A1~fD SFT~1 t~ AGREE TU BE BOiJND BY.ALY~ TERMS A11TD PROYISYOIVS OF TffiS AG1tEE1VI11iNT. ACC4Ii2DINGLY, B~3YER TS HEREBY ADVISI~D TO CAREFULLY REVTE`W THIS AGI~EMENT AiVB THE HOMEOWNER 1DDCid71D~NTS, AND TO COi~TSUI.T WITS AN ATTORNEY OF BUYER'S CHO~'CE. Tf, after the mcecutidn of this Agreement, Buyer or any attorney do Btiye~s behalf, informs Seller that Buyer desires or intends to terminate this Agreement, or that Buyer is or may be wsabl~s or unwilliaag to comply with stay of the berms of this Agreement, there,, at the option of Seller, same will catastitnte a default by Buryer. IN WITNESS WHEREOF, the parties hereto have. swam to and executed this Agieement as of the date first above written. SELLE>&t: CANNERY ,ROW I.LC, a Florida limited liability company By: Iraaawood Developments Inc., a Florida corporation, its Managing Member BY~ Cary Glickstein, as President City of Delray Beach • I~ * ~ Special Event Permit Application -~,~ PLEASE TYPE OR PRINT Event Name/Title: 1Sth Annual Downtown Delray Beach Craft Festival DEIRAY 8EACH ~ ~ o~ ~ a k apt 29 aiJ~~ ~~s'~~a~ ~~ ~~ F'~~i~F~Tjt,~ Event Date(s): October 3-4, 2009 Times: Saturday and Sunday: lOAM-SPM Event SponsorlProdueer: Downtown Marketing Cooperative Event ContactlCoordinator: Howard Alan Events Name: Howard Alan Address: 9695 W. Broward Blvd Plantation. FL 33324 Telephone Number: (954) 472-3755 Cellular Number: (9S4) 661-8385 E-mail Address: Info artfestival,com Event DescriptionlPurpose: Outdoor craft festival. Annual, cultural and community gathering opportunity. Brief History of Event (lf applicable}; This is the 15th year this festival has been servin~__ this community. Planned Activities (Outline of activities/number of activities, i.e. entertainment, children's rides, games, other programs): Varied crafters exhibitin and sellin their hand-made items. Number of Individuals Served Previous Year {if applicable}: 4200 Describe the targeted population and expected attendance: 4500 Local residents are targeted population. Describe how the program or project addresses community needs: Providing a free festival with artists ranging in mediums from _jewerly to scul~tures.__ Acts as a communi cultural and civic event. Describe your Marketing/Promotions Program (How will you market/promote, i.e. TV, radio, posters, flyers, web sites, other): We will advertise in newspauers, online presence, local television stations, word of mouth and flyers. Sponsor Category (please check) City oNon-Proft/Charitable 1~ Private ~ Co-Sponsor -Non-Proi"it/Private (If Noyt profit attach proof of S01c(3), c(4), c(6), C(1 D), or c(19) ar (d) Event Location (Describe area boundaries of eventllocation}: NE / SE 4th Avenue at Atlantic Aven e On S E. 4th Ave from N.E. 1st Street to S.E. 1st Street .-- Site plan attached: yes _X___ no (Site playa rerfuired for etrtire event site. Include locations of tents, stage, portalets, dumpsters, portable lighting, and barricade location if applicable.) Rental of Old School Square; yes no X (If yes, attach proof of approval) Private Property Use: yes no X (If yes, attach letter giving authorization from property owner} Event budget attached: yes X (Reritrireri for rrll events) Previous year Revenue/Expense summary attached: {Required for all events) Do you have cash sponsors far the event: yes, (Indicated on budget} na yes X no Do you have inkind sponsors for the event: yes X (Indicated on budget) no X no C:iDaeunients and Seltingsli,isilDesktaplSpecial G~eF~t PerEnit Application FIZVAL 9.6.47.dac Serving or selling alcoholic beverages: yes no X (If yes, copy of license attrl alcohol liability i~tsatra~ice required two (.2) weeks prior to event) Event certificate of insurance attached: yes X no (Rerlarirerl ttvo (2) weeks prior to event narrtir~g the City as rrrlrlitional insrrretl, also required for vendors) Playing of amplified music: yes no X (Waiver regtrirerl) Will there be entertainment: yes no X (If yes, attached list of Performers and/or DJ's} If yes, sponsor agrees all entertainment will be family oriented and contain no obscenities: yes no Requesting Police assistance: yes no (trafl•ic control/security) Will supplement with private security: yes X no (If yes, rlee~l plan rrttaelied) Requesting Emergency Medical assistance: yes no X Requesting barricade assistance: yes X no (If no, how ace you handli~ig?) Requesting trash removal/clean up assistance: yes no X (Will be billed to sponsor} Requesting trash bo:ceslcontaitiers and liners: yes na X Requesting stage use: yes no X (If yes, check type) Lat•ge stage (14' x 3b') ^ Small stage (I6' x 2]') o Half small stage (8' x 2I') ^ Requesting signage: yes X no Type: 4'r4'Lvent sign X Parking Signs Banner Banging Indicate dates required (Wur'ver regtrirerl if more tlrart one (1) tveelt: prior to evettt) Requesting City Portable Generator: yes no X (If yes, size & po~,ver) Food and beverage vendors: yes X no If yes, approximate number -y-3_armly~~g for permit (Health Department approval required) yes an'nlyi~g now no C:~noeur~aeius:~nd Settin~,sll,isilpesktop~5pecial E.•cnt Permit Applic~tioR EINAI.9.G.07,doc Other vendors: {lndicate type} yes no X , Tents: yes, X no If yes, Haw ~rtarry Wltaf srze or size f•egarrrerl 10'x10' (If yes, tent pe~•rrrits afrrl frre inspectiaras ~r:rry be needed) Will the event include amusement rides: yes no X (If yes, Type ~,~~r rocar~o~z a,T~r copy oflrav~li~y r,:s~~YancQ ~•egtrired, also requires state license arul irtspeetion.) Will the event be gated: (Show ojt-site snap) yes no X Will there be a charge for tine event: yes no X (If yes, i~:rlicate ticket prices) Will there be fireworks or other pyrotechnics: yes no X (If yes, contact Fire Ma~slaal to oLtrrifl rrird cotttplete perr~tit r~pplicatiar:) Will there be cooking with compressed gas: yes (If yes, contact Fire Marshal far inspectio~~s) no X Will you be providing port-a-lets for the event: yes X no (If yes, locate on-site rraap. If tro, irtdicrrte hoiv you will handle restroorn needs) is reserved parking requested: yes no X (If yes, indicate tacations arrd purpose for use) Event Permit Attachments: X Revenue/Expense Budget X Revenue/Expense Recap Last Years Event X Site Plan Letter Requesting Noise Ordinance Waiver Letter Requesting Waiver Consumption Alcohol Beverages Proof ofNon-Profit Status X General Liability Insurance Certificate Alcohol Beverage Liability Certificate Proof of Rental Agreement or Authorization Letter from Private Property Owner ___X _ _ Hold Harmless Agreement Submittal Date Requirements: • Minor Event 45 days prior to event • Intermediate Event 90 days prior to event • Major Event 120 days prior to event • Neighborhood Block Patty 30 days prior to event C:1T)oeuments and SeltingslLisil©esktaplspeciat Event Permit Application F1NA[, 9.G,03.doc ~f-J !/. ~' 6119/09 C;~ ent Conh•actorlCoordinator Date Please print:. Howard Aian__ Please enclose the appropriate non-refundable application fee payable to the City of Delray Beach, I OQ N.W. 15t Avenue, Delray Beach, Florida 33444. Required i~=itl~ permit application. For Staff Use Oirly ~ Date Received ~f~lt~~9 Application fee received $f,~ C': [)u~uments atul ~ettings~Lisi'C)esktnit'~SC,eci~i ~~~cnt Permit Appliratinn f=ltir~l. 9.fi.U7.doc N.E. 2nd Street N.E. 1st Street ~apen~ xxxxxxxxx ~_ o~~' ~ ~. ~ "'~ :' d "~" lw~~ Easfi Afiian~c Avenue tepee xxxxxxxxx Beach ._.~. c~ c~ ~~ .c .C ~- ~ t,ibrary -~----~--~ xxxxxxxxx S.E. 1 sf Street - BYpass (open} R~ ~ ~ ~ ~~.~t .S ~o!'~~o~(~Lf S ~~ 3 ~'~ wear ~ `~~cl~ c~.~ - - Represar~t boatbs eat actual amaur~t or scale ~ -----._ S.E. 2nd Street ~ American Craft EndeaUars ~elrav l~avoift American Craff Endeavors 15th Annual Downtown Delra Beach Craft Festival October 3 & 4, 2009 PROPOSED BUDGET FOR October 2009 Income Number of Crafters 100 Crafter Revenue $20125 Number of Food Vendors 2 Food Vendor Revenue $900.00 Total Revenue $21,a25.o0 EXPENSES Advertisin Boca Raton News Ex ense $1 575A0 Palm Beach Post Ex ense $2 450.18 South 1=brlda News a er Ex ense $790.00 Sun Sentinel Ex ense $3 750.00 Advertisin SubTotal $8 565.18 Services : Permit Palm Beach Count Health Ex ense $25.00 Si na e AA Si n Lines Ex ense $555.00 Sanitation - Portalets Able Sanitation Ex ense $572.50 Sanitation - Dum stars Southern Waste Ex ense $752.89 Sanitation Tents 4 Events Ex ense $325.00 Barricades Bob's Barricades Ex ense $350.00 Securit Cit Of Delra Beach Ex ense $1 106.00 Rentals Tents 4 Events Ex ense $g00A0 Gra hlcs for advertisin Ex ense Ex ense $75.00 Pa roll Hela ne Stillin s & S#a#f Ex ense $1 750.00 Rental Pro art Delra Joint Venture Ex ense $2 000.00 Lod in sand meals travel Ex ense $400.00 Two Million Dollar liabilit ins olic irx ense $650.00 Administrative Overhead te[e hone mailin s etc Ex ense $1 100.00 Service SubT4tai $10 055.19 To#al Ex enses $18 620.37 Show Profit $2 4x4.63 r 1 J: E ~ . ~ HQLI) HAR1v1LES~ AG~RI~EMENT TI~TIS HQEI~ HARMf,ESS AQR.EEMENT, is entered into this _~~ day of S't~v- ~,,._> X009 by and betv4~een the ~ITX UIa' l~EL1tLAY BEACH, FLQRIAA, a Florida municipal coz~poration (hereinafter referred to as "GIT1"') and ~,mer ~ ca+n Cra ~+ ~ h aeavo (hereinafter referred to as "EVEN'' SPONSOR"). WITNE95ETH: 'WHEREAS, EVENT SPONSOR Seeks to hold a special event known as lSkh A,nn~~l llowhkcwn Defray l3tuc~ to be held on sbl3lag - lU~u f a~, C CG1 Fk FC S'~ ~ v y I . (hereinafter referred to as the "l~vent"); and 'Vti'1~EY~AS, the went will be held within the City limits of 17elray Beach; and WHEREAS, the City Commission has determined that such an Evezzt promotes the publzc's health, safety and welfare. N4W, THEREFQRE, for the mutual covenants and matters set Earth herein, as of the date set forth above, the parties hereby agree as follows: 1. The reCitati4ns set forth above are incorporatEd hcrcin. 2. Indemnification. EVENT SPQ]~SOR, for good and valuable consideration, agrees to defend, i~7deru~~ify, and hold harmless the CITY, its agents, officers, employees and servants from any and all suits, causes of action or any claim whatsoever made, and damages, which may result from any activity conducted by EVENT SP4NSpR, its agents, employees, a551gn5 Oi' G~ntr~.CtdrS, In r8latlan to the EVCnt. ~, Xnsnranee. EVENT SPONSOR shall obtain insurance covering the Event in the ~trztouttts and of the t}~pes specified in Exhibit "A'° attached hereto which is incorporated herein as if £rrlly set forth. 4. Governin laws• venire. 'his agreement shall be gnvetned by the laws of the State of Florida. Any proceeding initiated to enforce the provisions of this agreement shall be brought in the State or Federal courts located in Falm Beach Cowoty, Florida. 5. Binding Effect, All of the terms and provisions of this Agreement shall be binding open, intua to the laenefit of, and be enforceable by, the parties hereto and their respective heirs, successors, legal representatives, and permitted assigns. &. Entire A y~eement. This Agreement shall constitute the entire agreement of the parties ~~ith respect to the subject matter of it. All prior understandings and agreerr~ents between the parties with respect tv such matters aze merged into this Agreement, which alone fully and completely expresses their tuadezstanding. 7. Amendments. 'T'his Agreement may not be am.eztded, modified, altered, ar el~anged in any respect, except by a further agreement irr writing duly executed by each of the parties hereto. $. Third Parties. Nothing in this Agreement, whether express or implied, is intended to confer any rights or remedies under or by reason ol'this Agreei~xent upon any person other thttn the parties hereto and their respective heirs, successors, legal representatives, and permitted assigns, nor is anything in this Agreetrrent intended to relieve or discharge the obligation br liability of arty third persons to any party to this Agreement, nor shall any prcrvisian thereof give any third person any right of subrogation yr action over yr against any Party to this Agreement. 1N WITNESS WHEREOIi, il~e parties hereto Dave entered into this agreement the day and year Iirst written above. ATTEST: By: CttSr Cleric Approved as to F'ox1n: By; City Attvt~~ey WITNESSES: ,~~e (print ar type name} (pri~zt or type name) STATE Ole' FLOI~II~A cauNTY Or •~ ~ ~ The foregoing in5trurriE ~00~• by ._..~c officer a~• agent} of acknowledging), a _ of tl~e corporation, ~e{S' an oath. CI`I'X OF DEL~A'Y I~~ACT~, FLQRIDA, a I~ lorida municipal corporation By; ttita E11is, '~i:~yar E'V~I~tT 0~=SQR Ey. a 1 (print yr type name} ,~~ ~4 ~ € tiSY CO'df,11SSI0N # ~[172fi086 EXPIS~S: 3~ovemhsr S S, 20f 1 i~~+8f ~ ~0. ~`~ lt~r~ Aolary Pub.•c Un~onjn'.we nt was acknotiviedged before me this ~. day of ~, (name of afficar or agent, title of (name bf corporation (state or place of incorporation) corporation, on behalf ~e is personally known. to me or has praduced (type of identification) as identification and did (did not) take n ~ 1, ~NOtary Nn~~1 State of Flai~ida ~~+~ CERTIFICATE OF LIABILITY INSURANCE 06/19/20Q9 PPODUCER (954)382-4350 FAX (954)382-2810 SETI~OR BYER I\5URA11`CE & RISK 900 S. Pi~[e Island Road #300 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON 7HE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Plantation, FL 33324 INSURERS AFFORDING COVERAGE NAIC # INSURED HoTi•ard Alan Events Ltd & American Craft Endeav irdsURERA: Philadclpiyia Insurance Company 9695 1~'est Brosard Blvd INSURER 6: ~enitth Insurance Company Plantation, FL 33324 INSURER C: ENSURER D: INSURER E: CAUFRAf~FC THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR 7HE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH TWES CERTIFICATE MAYBE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HERi=1N ]5 SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. 1NSR DD' TYpE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS GENERAL LIABILITY 3397821 03/DS/2009 03IOSI2O10 EACH OCCURRENCE $ x,000 000 X COMMERCUILGENERALLV181LITY DAMAGE TO RENTED $ x00 OOa CLAIMS h1ADE ~ OCCUR FRED EXP (Any oroo person) $ a PERSONAL&ADVINJURY $ x QQQ QI}Q GENERAL AGGREGATE $ 3 040 000 GEN'LAGGREGATELVs9iTAPPLIESPEA: PRODUCTS-COMPIOPAGG $ 3~OOQ~000 POLICY PRO- JECT x LQC AUTOh4061LE LIABILITY 339782X 03/05/2009 03/05/2010 coMeINED SINGLE LIMIT ANY AUTO lEaaccident) $ x'000 000 ALL O W NED AUTOS BODILY INJ URY $ SCHEDULED AUTOS [Per person} ~ X IiIREDAUT05 BODILY INJURY $ X NON-OWNED AUTOS (Per accident) PROPERTY DAMAGE $ [Per accident} OARAOELIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC 5 AUTO ONLY: AGG $ EXCESSAiMeRELLA LIABILITY 3440395 03/05/2009 03/05/2010 EACrI oecuRRENCE $ 2, 000, 000 X OCCUR ~ CLA6'vIS h£4DE AGGREGATE $ 2 OOO OOO A $ 0 DEDUCTIBLE $ X RETENTION $ x0,00 $ WORKERS COMPENSATION AND 2069065602 U5/Ux/2009 05/01/2010 ~( WCSTATU- OTH- EMPLOYERS' LIABILITY l ARTNERIEXECUTriJE ANY PROPRiETO E.LEACHACCIOENT $ x,000 OOO ]~ R P OFFICERfMEMBER EXCLUDED? E.L. DISEASE - EA EMPLOYE $ 1 004 000 N es, dascribe+mder SPECIAL PROVISIONS below E,L. DISEASE - POLICY LUJIff $ x o00 a0 a OTHER DESCRIPTION OF OPERATIONS / LOCATIQNS / VERICLES /EXCLUSIONS ADDED BY ENDORSEMENT /SPECIAL PROVISIONS lanl{et additla>alinsured for owners, 1CSSOrS of premises, lessors of leased equipment, sponsors and o-promators pertaining to general liability per form PI--AS-xOxO (04/2004). E: 15th Annual Do~sntori'i- Delray Beach Craft Festilval October 3 & 4 2009 r+cn~lrir+nra 3.1h1 n~o rAnl~l=1 I e~rinU SHOULD ANY OF 7HE ABOVE OESCRiBED POLICIES BE CANCELEED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL £NDFAVOR TO MAIL CITY OF DELRAY x0 DAYS WAITI'EN NOTICE TO THE CERTIFICATE HOLDER NAMEO TO THE LEFT, ATTN. DO>~t'vA 8UT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY 100 N14' 15"1' AVENUE OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPAESENTATNES. DELRAY BEACH, ~, 33444 AUTHORIZED REPRES£NTATNE ~-y ~r~ - !// C~ Cher ~1 1~`raniik/CLB ACORD 25 {2001/08) ©AGORD CORPORATION 1988 PDF created with FinePrir>It edfFactorv Pro trial version www.ndffactorv.com IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the polfcy(ies) must be endorsed. A statement on this certificate does nat confer rights to the certifcate holder in lieu of such endorsement(s). If SUBROGATION IS WAkVi=b, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMhR The Certificate of Insurance on the reverse side of this farm does not canslitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed Ehereon. acar~n ~~ (2aoiroa) PDF created with FinePrint nd#Factorv Pro trial version www.odffactorv.com ~~~;~- . ~' ;, City of Delray Beach Special Event Permit Application PLEASE TYPE OR PRINT Event Name/Title: L,Ja~.K ~oP, l..uP~S iJeu~ _ ~ aj Event Date{s): ~turdacl~C~c~~ob~r~t,~oa~ Times: ~ '. c::eoa~n Event SponsnrlProducer: L~us C=a~~DRrro~ o~ nm~CA-~oul:~ea5~. [=~or-d~a Ci~1~r Event Contact/Coordinator: 1'~a~hle~n t-a~a , Di recbar off' ra~'~cx~~ Name; ~1,atiW,eer, Lena-- LFI},- Sou~he:~s~ F1or+da Ch r,=nc. Address; ~ 5 ~NL: (~,~''^ A,fenr~e ~ Suitneg rd9lSro, Dek~ ,i FL 33$3 Telephone Number; 5co1-27~-4~~CellularNumber: 95+x-(o~~-~Z+~l2 E-mail Address: Ka-t~~.~~a_.LAcA @ i-uP~SPL, oRG Event DeseriptionfPurpase: Fc.~nd re+gi nc~ wa l G, t o loene-~~ ~ t Brief History of Event {If applicable): ~re~io~.ts lnfal k r g ~,Isr~~ held ~~ ~r~hor l~rk - Ac~r~l ~.CXa(c. October 200`( and obey Planned Activities (Outline of activities/number of activities, i.e. entertainment, children's rides, games, other programs): l~a1k, , ~~' docn k`rom e~liouS Number of Individuals Served Previous Year (if applicable}: ~p~xox~~~aL-elf 12.5 ~yez+r5ol~te kc,,~,~.~~,~,e,-,ti v,lea~her> Describe the targeted population and expected attendance: ~~ e ~ ox's >r ~ ~ Describe how the program or project addresses community needs: Awat enea~ aid •-~und rai s. nQ -- QcJt ~ reach ~r~c~ ~d c.~cc~~ d~n _.--- Describe your MarketinglPromotions Pro ram (How will you marketlpromote, i.e. TV, radio, posters, flyers, web sites, other): ~os~r~ ~ ~'ly er S t w el~~~ ~5 ~ 1'~evJS a ~f8 2rr~at { rt~d ~ ~- Sponsor Category (please check) City ^ Non-Profit/Ch ~' Private n Co-Sponsor -Non-Profit/Private n (If Non ~rrofit attach proof of SOlc(3), c(4), c(b), C(10), or c(19) or (d) Event Location {Describe area boundaries of eventllocation): A N C M1 t]R C~,GiR t4 . ALA .~ `~e1 rah 1~~~ch , F 1, Site plan attached; yes no (Site pl~uz required for e~rtire event site. Include locations of tents, stage, portalets, dumpsters, portable lighting, and barricade location if applicable.) gamma as Pr'dr ~f ~r S Rental of 41d 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 ~ no (Required for all events) Previous year Revenue/Expense summary attached: yes {Required for all events) Do you have cash sponsors for the event: yes / no (Indicated on budget} Do you have inkind sponsors for the event: yes / no_ (Indicated on budget) no Capocumcnts and settingslLisa~Desktopl5pecial Event Permit Application [~ tNA[, 9 6.07,doc Serving ar selling alcoholic beverages: yes no / (If yes, copy of license acrd alcohol liability irrsrrrance required two (2) weeks prvor to event) Event certificate of insurance attached; (Regrrirerl two (2) weeks prior to event rr vJ+1L Pral~tc~etag r,o~e~, ~riof to~*lent yes no a5 't r ~r ~~ icx.t s 'ng the City as additional insured, also ~,cear~ , Playing of amplified music: yes / no (Waiver required) Will there be entertainment; yes / no. (If yes, attached list of Performers and/or DJ's) If yes, sponsor agrees all entertainment will be family oriented and contain no obscenities: yes / na_ Requesting Police assistance: yes / no (troffer controllsecurity) Will supplement with private security: yes no (If yes, creed plrrfr attached) Requesting Emergency Medical assistance: yes / no Requesting barricade assistance: yes ~ no (If no, how are you handling?} Requesting trash removal/clean up assistance: yes / (Will be billed to sponsor) yes. Requesting trash boxes/containers and liners: yes f no Requesting stage use: yes J no (If yes, check type) Large stage (1~' x 36') ^ Small stage (16' x 21') / Half small stage ($' x 21') ^ Requesting signage: yes Type: 4'x4'Event sign / Parking Signs Banner hangin Indicate dates required (Waiver required if rrrore than orre (1) week prior to event) Requesting City Portable Generator: yes (If yes, size & power} Food and beverage vendors: If yes, approximate number (Health Department approval required} -~ no no no ~/ no yes no C'~Documents and SettingslLisil©esktoplspecial Gent Permit ~~pplication FLNAL 9.6.07.doc Other vendors: {indicate type) yes, no / Tents: yes If yes, Haw many Wlrat size or size required (If yes, teat permits ~uzd fire rrispecNons may be needed) Will the event include amusement rides: yes no / (If yes, type and location and copy of Iia6iCity insurance required, also requires state license and irrspectian.) Will the event be gated: yes no / (Show orr-site Wrap) f Will there be a charge far the event. yes no J (If yes, indicate ticket prices) Will there be fireworks or other pyrotechnics: yes no~~ (If yes, contact Frre Marshal to obtain rrrtd complete pern:it application) Will there be cooking with compressed gas: yes no / (If yes, contact Fire Marshal far irrspeetions) Will you be providing port-a-lets for the event: yes no (If yes, locate an-site map. If no, indicate how you will handle restrnont needs) is reserved parking requested: yes / no (1f yes, irrdieate locatiofrs curd purpose for• use) Event Permit Attachments: +/ Revenue/Expense Budget ~RevenuelExpense Recap Last Years Event Site Plan Letter Requesting Noise Ordinance Waiver Letter Requesting Waiver Consumption Aleohoi 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 Requirements; • Minor Event ~l5 days prior to event -~-~ + Intermediate Event 90 days prior to event • 120 days prior to event • 30 days prior to event Major Event Neighborhood Black Party no / C' lUpcnments and Settingsl[.isilDesktop~5pecial l;vent ;?ermit Application FINAL 9.b.07.doe -~~ ~.a~ Co ~ 1 ~ - 0 9 Event Contractor/Coordinator Date Please print: 4;A~' HL~,EtiJ 1--r-~C~ Please enclose the appropriate non-refundable application fee payable to the City of Delray Beach, l00 N.W. 1St Avenue, Delray Beach, Florida 3344. Required with permit application. Foif• Staff Use O-a~ "~ ~ ,~~ Date Received f/~s74 ~ Application fee received $ ~ C:\Documents and 5ettingsV.isilDesktoplSpecial Even[ Permit Aptrlication FINAL 9.6.07.doc anchor park, loc. Delray Beach, FL -Google Maps Results 1-1 of about 9 for anchor park, near Get Google Maps an your phone ~~~~ Delray Beaeh, ~L : re~tt~w«a~~cMn~s"to466453 ~~ ;~. Page 1 of 1 A. Anchor Park ~~c~ i~+ncl~a~- Pa~1~ 340 S Ocean Blvd, Delray Beach, ~'L ~ ~rtik- on ~e~ti~ ~~~~ -~~ ~ Atsi an ~i c (954) 384-752 `~t~x~e ~u~~u~ -tar ~ ~'~ ble~ck5 ~~,~ ~he~ ~~ ~ ~r Qce~n -~ o ~r~hro~ P2rk . ~am~ r~~~ a~ ~~~' . http:Ilmaps.google.com/maps?ie=UTFS&q-anchor+park,&near=Delray+Beach,+FL&fb=1&cid-26~-55805,-... Si5f2008 LUPUS FOUNDATION OF AMERICA Southeast Florida Chapter October 31, 2009 Walk for Lupus Now! ! ! ! BUDGET Proposed Income Average pledge per walker @$75.00 x x#00 $ 30,000 Individual Non Walk Donations 2,500 POP Butterflies 500 Corporate 750 Lupus Store -books, hats, bears, etc, 250 Praposed Total Income $ 34,000 Expenses BannerslSignage $ 200 Application Fee 150 Food/Refi•eshments 100 Music/Entertainment 375 Paper Goods -Napkins, small beverage cups 50 Printing 1,000 City of Delray Beaeh Services 750 to include stage rental, trash boxes (7), police Tee Shirts 750 Insurance --Additional Insured 100 Miscellaneous {Bags, Postage, Truck Rental) 750 Prizes far money collected 250 Proposed Total Expenses $ 4,475 Praposed Net Proceeds $ 25,525 20U9-DB-WALK-PW-SU E3I~It1' 6-19-09 Income Exncnses LUPUS FOUNDATION OF AMI=;RICA Southeast Florida Chapter October 4, 2008 Walk for Lupus Nov! ACTUAL BUDGI±aT 16,536A0 8,292.31 Net Income $8,243.31 G/19/2069 N SPRAB 7. CVS PHARMACY 3. BELUGA WINE BAR AND RESTAURANT 2. TASTE RESTAURANT 4. DELRAY SQUARE ~~~~~~~~~~ CITY LIMITS ~~~~~~~~~~ ~ ONE MILE ~ GRAPHIC SCALE CITY OF DELRAY BEACH, FL PLANNING & ZONING DEPARTMENT AUGUST 2009 --DIGITAL BASE MAP SYSTEM-- MAP REF: S:\Planning &Zoning\DBMS\File-Cab\CC-DOC\8-4-09 N m rn 0 0 N 0 z 0 m J a U w 2 U LL O = W U N O J W N F U }~wU LL ~ O ^ ~ ^ Z Q Z J O O m U Q ~ W ~ U = Z U Q a ~°o V O O N ~ y Q . Q c 7 O ~ ~ ~ - ~ - ~~ ~ - ~ - ~ Q N O ~ O O O O Q r O ~ EA C O .O C N ~ O O Q cOD ~~ CO -~ ~ O O O O O O O O O O O O ~ a y ~ H3 ~ EA N O O N EA H3 EA EA EA EA EA ~ m O u7 0 ~ X d `r ~~ .m o ~ m m "6 ~ ~ N ~ n ~ m J~ ~~ m~ ~ N a ~ M N ~ m 0 O O O N ~? O N O N N ~ ~ ~ ~ ~ ~ ~ ~ N ~ r ~ 5 ~ m ~ ~_ ~ ~ ~ ~ Q ~ ~ ~ m m ~ m ~ m m s4 ° C7 N D ~ ~ U 1 A ~ N ~ ~ ~ ~ ~ ~ ~ - - ~ d v -' 3 y ~ [6 O N O [6 ~ ~ ~ ~ _ A _ p y N' t 0~ N N O~ O N N ~/7 O O~~ O O O O O O O O cD ~? O Q M N O U 2 LL O ~ N N cD H3 O J cD O ~ O H3 O EA O EA r N CO ~ EA N O ~ ~ ~ ~ m ~ ~ 10 T ~ ~ ~ p~ "O ~ - 'T ~ ~ ~ O ~ O V O d E C ~~ G M~ 1~ O Q O O~ O~ CO O~ O ~' m~ O [p O O O N N O M Q M Q M y N ~ = U O ~ O ~ N N ~~ r~ ~N O "O ~ ~ O ~~ L7 ~ u7 b CO u7 °~ N 1~ u7 ~N CO ~ ~u7 O N U H3 N ~ g N ~ N EA G; m ~ m x d E y U A ~ ~ W Q ~ 'O ~ ~ ~ ~ - ~ ~ E r N N= ~ cOD p 6~i O O O O ~ u7 °~ 7 m m° U a m~ v EA o EA 0 EA 0 EA o EA co co EA CO 0 LL ~ U bg Q ~ Q U3 c O y C ~.1 V O ~ .~ O ~ ~ c6 6] - n N ~ ~ N Q ca ~ (~ ~ - ~ - ~ O ~ 'O ~ O O O Q CO O 7~ O O O~ C O Q O O in O O~ O h m O n+ c7 L7 r~ N n r 0 U ~ ~ ~ N~ L~ N ~ N S ~ N ~~ M r a y N N EA N ~ FFt b3 EA FFi Q ~ C ~ ~ j V (' - ~ ~ .~ = ~ -p -p ~ [6 - ~G) - ~ ~ ~ ~ ~ Q - ~ A 4 ~ ~ ~ r~ N~ O O O O L7 r ~' O ~ O O O) ~O O Q N_ ~ ~ x ~ N CO ~ ~ cD = `7 in EA O ~ O O N r~ m L7 ~ c7 ~ ~ N r X CO ~ ~ N X Oj ~ 0 O. ~ ro ~ N ~~ ~ 64 6 4 EAN H3N H3 a o ~ ~, a m~ m O E 61 ~ ~ ~ ~ ` m o ~ m o m o ~ ~ ~ '° - - - o ~ ~ ~ UU W Q~ O M N O O O O O ~ 00 7 CO u7 O ~ Y J Z ~ K d C7 O U _ Y ~ _ a U H ~ W~ W ^ 2 U J O J ~ 7 W ~ cO W Q W Q Z c~ U ^ U = o U a w ~ Q~ Q Q w N m ~ ~ w U ~ ^ ~ ~ o> O > O > O U K ~ ~ w Q ~ ~ Q ~ Q Q o Q M Q Q Q H Q 2 Q Q 0] W ~ N M 7 u7 cD 1~ CO O O H LL O = W U N O J W N F U }~wU LL ~ O ^ ~ ^ZaZ J O O m U Q ~ W ~ U = Z U Q a ~°o V O O O N c~ c m Y N K m m ~ O O L7 ~ O O CO O O O O u7 O N O O O O O O O M O cD O O M O O O O O EA H3 N FA EA EA EA EA EA EA EA O ~ O O O O O O O O O O •~ .O O O O O O O O O O O C N N O H3 O H3 O EA O EA O EA O EA O EA O EA O EA O EA a rn ~ _ ~ ~ LL ° V O N N ~ O p7 ~ m ~ C J- N O~ 1~ ~~ O O O O O O O O N~ ~ cD ~ O O O O O O O ~~ u7 ~ cD O EA O EA O EA O EA M~ EA O EA O EA O EA N ~ 7 ~ EA [A o m O ~ N V [6 ~ O~ [6 O [6 O~ [6 O = - r ~~ - - hl [6 O N A- B ~ 2 O O 7 ~ O O N 1~ N O O O ~' N L'J O ~~ O O O O O N O O CO O cD ~? U LL 7 O O O f~ N N O O O 1~ N CO EA EA M EA EA EA EA I~ FFt EiT cD EA 10 T [6 O [6 O [6 O [6 O [6 O ~ O [6 O - ~ [6 O [6 O ~ U~ y ~ Q M N~ O O O N N O M N lf~ O M N cD O 7~ N u7 [6 N O O ;~, 7 ~ O O CO [6 O O O N ~ ~ ~ ~ ~ ~ ~ r ~ t 2 U U ~ ~ ~ ~ 7 ~N N ~N N_ N ~ i0 M ~N r ~~ ~ c D ~N Ef} ~ [6 [6 [6 [6 [6 [6 - [6 ~i ~ O N V O O O O O O O ~ O ~ O ~ ~ ~ O O O O O O O O O ni ,, 10 y 0 • V 0 O O O O O O O O 6i _ p LL v3 v3 v3 v3 v3 v3 v3 v3 v3 ~ w c ~ N N N [6 [6 [6 ~ O N - [6 [6 C ~.1 d O- O O O O _ N O- ~ O O ~ O~ M O O O O O ~~ O O O O ] 6 U d 7~ O O O O M O N~ O O 1~ O. y O H3 EA EA EA EA u7 M EA EA cD EA EA EA C ~ d N- N~ N N N `~ N J - [p [6 [6 4~ ~ O L7 O O O CO ,~ O U` O O O N ~O O N X O N O O O f~ ~ O O O 7 N Q N p ~ L7 c7 X O r O N O f~ X O O X 0 c0 c7 N [A [A 64 in N ~ K3 [A ~ N a c» c» c» ER v3 a o ~ d a m~ d m m m m m m ,~ m m O E~ rn m m m m m '~ m m m ~ N ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ O W Q~ N N M O O O N O O N N N CO r U p J z F _ O = U Y Q ~ W cD U ~ J U U a J N a w w p ~ _ ~ U Q U> C7 ~ U ~ °-' U z J w = W O ~ Q O OU w U o 00 H w c~~ LL~ O~ Q Q U O O o ~~ Q w Q > ~ x 2 > 0] 0] 0] O U U U Z U U N U W ^ ~ ~ N M 7 N ~ r CO O O W N H LL O = W U N O J W N F U }~wU LL ~ O ^ ~ ^ Z Q Z J O m U Q ~ W ~ U 2 Z U Q a ~°o V O O N - ~, ~ ~ ~ ~, - - o 0 0 0 0 0 0 ~ K3 o EA ~ ~ o EA 0 EA 0 EA 0 EA EA N EA O ~ •~ .O O O O O O O O O O O O O O O O O O O O O C N N O H3 O H3 O EA O EA O EA O EA O EA O EA O EA O EA a rn ~ N ~ O ~ ~ ~ ~ ~ c J- M~ Z N N N O m ~ cD m N~ c0 7 m c~ - M ~ ~ m O O O O O O CO O) m c0 ~? ~ ~~ ~ °~ LL °m N A M 1~ ~ ~ 7~ o M~ o N 7 ~° O ~ O O O c0 N LL r O m o ~ ° O tk L M H3 o O [A ~ ~ ~ H3 [A H3 ~ [A o N EiT N N W ~ ~ ~ O ~ v ~ ~ .~ ~ J ~ o m LL # ~ 0] d V 'O N N ~ O) ~ Q ~ ~ ~ ~ ~ N ~ O) [6 [6 O) Q ~ ~ Q [6 O) . O' p y N' t O N O O O ~ O ~ ~ ~ l3~ ~ N ~ N p ~ 2 LL U 7 N EA EA ~ ~ EA ~ ~ ~ c~D N EA ~ ~ N EA 10 T O) Q ~ ~ O) ° ~ ~ w N ~ O) N ~ O) ~ 10 V c d E C O N M O) 7~ O O O c0 cD ~ u7 ~ ~ ~"~ S N O O O O cc S G~ O N o r O Q O u7 rL u7 ~ y~~ CO N .Q r O ~ ~ . O- a 0 0 ~ d N UJ ;' O O) '~ O u7 T r ~ N = U O U ~N H3~ [A ~ H30 o d U U3 ~"~ -- ~ ~N o H3~ ~mx W u7 ~ O U N O N U O_~ ^ O) O O s N L7 O O ~ O O ~ O O - ~ O f~ ~ O) O O O) O O ~ 7 O O) O O ~ ~ an d° • V o cD c» o 0 o O c» o o v o p LL v3 e» v3 v3 e» v3 v3 v3 C !C y C Ci V [6 _ O [6 ~ ~ W ~ ~ ~ !V n ~ _ :V o ~ ~ ~ O ~ ~ _ d O [6 O ~ O [6 ~ ~ ~ ~ O J O O O O Q ~ cD c7 ~ o N - O O) ~ ~ O) O CO ~ ~~ 0 M N N O O O N ~ ~ O ~ ~ r O a ~ O~ a N CO ~ N 7~ CO ~ a y ~ ~ ? ~ ~ o ~ o o ~ ~ N ~ ~ U U ~ U c d ~ [6 ~ ' ~ J O O u7 M N O O ~ = N N O O r u7 O O u7 CO O u7 ~ O O L7 O ~ N ~ cD -- O O M ~ Q N p CO X O c7 u7 ~ O~ O X ~ x K in M 0 7 N EA 64 x CO EA EA M N O N ~ N N a va ~ v3 v3 <» v3 a o ~ d a m~ m O E J rn m m m m ~ m ~ m ~ m ~ m ~ m ~ m m ~ ° m ~ Q ~ ~ ~ ~ O W Q~ N M N O O ~ O O M O u7 N 1~ O N U ~ ~ z J N ^ o ^ O K ^ O U o U K Q ~ a ~ Z N ~ U ~n a ~ LL ^ N d' ~ Q- Q m a ~ W ~ Z Q W to ~ ~X w~ ~n ~ Q~U ~ - QF Q = H~ ~ = 0 U O a0O QQ W ~ZU ~Y ~Q ~ QC7 Q Q W H W ~U ' Z K ~ O K ^ ~ ^K ^u ~ _ Q ^ ^ Z ^ > ^ ^ Z ^ U ^ N LL LL 0] LL ~ ~ N M ~ u7 cD 1~ CO O O W N N N N N N N N N M H LL O = W U N O J W N F U }~wU LL ~ O ^ ~ ^ Z Q Z J O m U Q ~ w~ U = Z U Q a °o O O O N c ~ _ - ~ ~ ~ ~ Z O - O O O O - M O O CO O O O ~ 1~ 6N] O ~ O ~ O ~ N 7 O ~ O 6~] ~= H N ~ O ~ MEiT EA EA EA Z W a 0 c •~ .° o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 c d m o » 0 » 0 » 0 » 0 » 0 » 0 » 0 » 0 » 0 » a rn N ~ ~ LL V ~ ° ~- m (h ~ 0 0 ~ ~ ~ w+ ~ ~~ E m J ~ N U N C O v -~ N O- v N W CO O m M N 7 m O -~~ O °J O ~ V N °~ ~ L N ~ O J- O O 1~ ~~ M u7 ~~ 7 ~ ~~ O O O M~ 1~ O O M O m~ cD M ~ 1~ N ~~ M ~ O O EA CO O ~ H3 M EA CO M ~n m ~ n ° ~ ~ K3 [A K3 [A ~ c'n ~y c'n ~ ~ ~ `-~ ~-~ O ~ r ~ ~ ~ N 10 = ~ ? O N O ~ ~ - ~ O- N O N O ~ ~ - ~ a ~= Q Z r O] ~ Z O ` 0 + r d ni' 0 ~? N ~ M ~ ~ ~ O M M O O ~~ N ~ ~ O N 0 U 2 li O O f~ cD N cD f~ _ O EA cD M O EA ~ O S N N O U3 EA EA EA ~ ~ EiT ~ S ~ FFt Q Z Q x W a 10 T ~ V A d ~ C [6 m O N N ~ c0 O~ ~ O r~ N O N N N o~ Y Q O p7 u7 Y [6 O O N O O ~ N CO ~ [6 O O O "' ~~ O w. 7 p [6 O O N 1~ O s cD m ~ O N ~ t = U ~ ~ ~ N ` M ~ cND ~ ~ ~ ~ ~ N ~ N 7 M ~ ~ ~ M ~ N c0 V m U3 7 [A [A H3 ~ [A EA C7 EA EA EA ~ ~ ~ V O ~ O O O ~ O ~ ~ O O N O_~ ^~ O O O O O O O O O O O O O O m M O O O O 10 y° •p LL U O v3 O v3 O v3 O v3 O v3 O v3 O v3 cD m 0 ~ e» ~ O v3 O v3 O ° a ~i m N ~ ~ ~ Z - [6 07 [6 07 o [6 ~ 07 ~ O ~ - [6 07 ~ w' p ~ ~ ~ ~ [6 _ J 07 m [6 o7 O ~ V U O~ O n+ W ~ ~~ ~ 0 4 ~~ O~ cD O O O N O H r~ j N~ N M O O O E u7 ~ m u7 O Z O N O O ~ N d y r N W V uJ r O N ~ cD O H3 ~ N ~ N M O EA r m CO M w M 7 N N = O U3 to c7 FF EA Q U3 EA m EA Q i EA ~ ~ ~ Z W a c m '~ ~ m~ o~~ ~ - N- mm =~ mow, N~ ~m ~ m ~ m -° =~ m m ~~ ~ p 'C O M O O f~ ) ~O Q ~ p O r X 1~ r M ~ ~~ O Q `7 X ~ ~ O O c7 c~ CO N M X O O 0 N ~ N H3 N N EA O. ~ ~ U3 ~ ER ~ ~ ~ ~ x O O a o ~ d a m~ d rn O E m m '~ ~ m m m m m m '~ ~ m m ,~ m m m m ~ w ~ ~ ~ ~ ~ ~ ~ ~ W a ~ ~ N o ° ° ~ ~ ° o ~ ° W ^ W J U H J Q O z J m~ U a vzz U avai ~ wm _ p' N O W W Z Z > > = W m W W y Z Qw O Z ~>> a~ W N O ~n H W wa N~ U Y U ~ Kc7z K O O~~ ~N K ZU ZZ > Q W Q C7 ~~ W S J J Q~ Q ~ Q~ ~ x Z N W Y g W J Q M ~~ Q~ ~ W Q W M M ~ M M M M M 7 M H LL O = W U N O J W N F U }~wU LL ~ O ^ ~ ^ z Q Z J O O m U Q ~ w ~ U = Z U Q a 0 O O O N N O r v U N C 7 C - N Q O [6 O) ~ [6 O) [6 O) ~ ~ ~ 0 1~ ~ N W O O O O O O O O - 7 W O H CO O O M - ~ O 0 ~ W O O ~ ~ ~ ~ ~ ~ ~ a ~ a ~ w ~ ~ U Q O ~ O O O O O O O O O O •~ .O O O O O O O O O O O C N N O H3 O H3 O EA O EA O EA O EA O EA O EA O EA O EA a rn W m U m V N [6 I~ ~ m ~ ~ ~ ~ ? ~ n U O nj O) ~ ~ ~ O) ~ M O O) ~ - = o d~ J M N ~ 1~ X~ ~ O O O M I L °J m N~ E 1~ ~ E °~ ~ M~> ~ O co ~ N ~ ~ ~ ~ ~ N m M d N m d ~ m ~ ~ p N Q p u7 ~l o [A ~ U3 n ~ U3 0 m [A o m o ~ m O 'O N U N O N [6 O) N O) O ~ L7 ~ - ~ - Q N O) [6 [6 O) [6 ~ - O ~ r p ~ A7 t N N N N ~ N O O N ~ ~ OM u7 N N O ~ L7 2 LL U ~ N ~ ~ ~ r M N N N ~ ~ [A K3 ~r [A M [A K3 ~r N [6 [6 [6 [G N ~ [6 10 T ~ U~ O cp N O O) _ ~ O N W O) O) O ~ O O) _ 1~ N O) ~ O O) O O O~ O) _ O N O) ~ M O~~ O) O y ~ O_ d -y ~ ^~ = U U O M cD ~ O C7 O N ~ N O ~ O ~ N 7 (V O ~ N N O ~ (V O O~ ~ N ~ D O ~ H3 EA H3 64 K3 EA N Z a ~ ~ d ~j N O N O N [6 O) [6 O) ~ [6 O) n ~ N O) [6 O) ~ [6 O) O N C O O Q O u7 O O O I~ N O O O O i U 1~ ~ N cD O ~ " 1~ O O O O N ~ O O O O p l O X ~ ~ H3 EA EA s4 EA EA EA EA ~ ~ ~ o_ C ~j d ~_ a O N ~ O) ~p O) ~ O) - O ~ ~ O) ~p O) ~p ~ O) O ~ U ~ cD O~ ~ r N O 7 u~ W O 0 O O O~ O O O ~i O~ W O H O O CO u7 N O ~ u7 O O O O U O N _ r W O1 N C7 O O ~ J O ~ Q CO N N O O a ~ v3 X v v3 v3 ~ `~ a ~ ~ v3 v3 ~ v3 ¢ w ~ ~ Q c 3 m '~ ~ N 3 o N ~ ~~ ~ m m ~ ~ ~ m ~ S ~ m m ~ ~ ~ ~ m ~ ~ m ~ ~~ O O ? L7 u7 O O O L7 O X O N O L7 O O ~O O Q y ~ O) ~ _ L7 N N 7 x O O O cO z u7 ~ M N X V N x O O = 64 ~ - c ~ N O EA O EA ~ N N M M N c7 V N O EA O EA 0 O. ~ r. 64 <» if3 H3 ~r a o ~ d m m m m m m O E ~ ~ o o o ~ o ~ o o ~ o ~ ~ ~ ~ ~ ~ W a ~ °' o o ° ° ~ ° ~ o M O N N (n Z U W ~ Q ~ ~ ~ ~ o M (~f U a w z ~ ri Q v U W cD ~ ~ Z ? ~ c°D v i W O cD + U U Q W e w ~ F U ~ U ~ ~ ~ ~ ~ ~ ~ z z a w ~ w U U~ w a ~~ w w Q ~ ~ ~ ~ ~c~ z O O~ a aU a a ~ ~ N M 7 u7 cD 1~ CO O O W 7 7 7 7 7 7 7 7 7 u7 H LL O = W N O J W N F U }~wU LL ~ O ^ ~ ^ z Q Z J O O m U Q ~ W ~ U = Z U Q a ~°o V O O O N ~; o - s r s m y m m ~ _ ° ~ o - c~ c - O ~ O ~ ° d w ~ vi U ~ O W O O u7 O O O W O J I- O O N 0 O 1~ M O O O V -~`, Q ~ O ~ D ~ r O O ~ ~ U ~ ~ O ~ ] 6 ~ ~ M EA O UT EA to ~ EA C7 C7 O ~ •~ .O O O O O O O O O O O O O O O O O O O O O C N N O H3 O H3 O EA O EA O EA O EA O EA O EA O EA O EA a rn ~ m U ~j O N ~~ ° .~ O W N _ ~ ...' ~ ~ "O N U N J ~ O ~ M ~ M v ~ ~ M ~ ~ p ~ ~ ~~ ~ ~ ~ O ~ ~ N M x ~ ~p ~n r ~ nj c0 m N M O O 7 M r 7 r N O M ~ EA ~ ~ ~ cD ~ M ~ EA (n N EA H3 EA O ~ ~ r p EA ~ EA m ~ ~ d V ~ [6 O ~ O ~ N O ~ O [6 ~ ~ i O W "O U N A _ X p t ~ 0 0 O ~ O O M . O O~ ~ O O 1~ O~ N ~ O O M Q N ~ O II m O Q N O O O u7 O O y N' 2 LL V ~ O 7 ~ ~ ~ O r ~ O H3 ~ ~ ~ i Q " O N OELT ~ ~ ~ EA EA ~ O ' r Q EA ~ H ~ ~ ~ 10 T ? O ~ O .~ ~ ~ ~ ~ O ~ ~ "O ~ U "O ~ U F d E C O ~ M N U M O ~_ p7 u7 ~ O ~ O n+ u7 ~j 7 ~ u7 N 1~ O CO ~ N O E O~ u7 N r O O E N~ y ~ O U O W O ~ K ~ r ~ ~ ~ N = ~ ~ ~ N ~ ~ ~ "6 N N ~ "6 U ~ ~ H3 EA cD ~ U ~ ~ UT ~ N NELT 7 O D EL} EL} a ~ ~ ~ ~ i m c~ Z o7 ~ ° ? m 07 O ~ ~ m 07 ~ ~ - ? ~ 'o ~ v; ~ U ~ 'o N c O_~ _ ~ O p7 ~ O . N ~ O p7 ~ d O O 0 0~ p O W " ~ ~ p u7 U W ~ O ^~ A ~ ~ O ~ 0 O M N A W O O N O ~ O 6 ~ U N ~ U O O LL U ~ O O V3 N O O~ M O UT O EA ~ y y ~4 X cD CO cD M O EA N K3 ~ ~ ~ Q O ~ ~ Q 0 c E E d ~ O y a Fi y [6 ~ _ ~_ O ~ ~ N ~ ~ ~ ~ m m ~ O) S ~ i~ 7 O -o -~ ~ a , ~ v ~ ~ _ ~ = O~~ N~ O~ O m u7 O O~ O~ N O~ C~ O~~ O~ U 1~ O ~ N M J r N c0 ~ O in cD Q 7 0 0 0 m U n O m a y ~ N ~~ cD ~ N ~ ~ N ~ O itl M O y Q o~ S I~ O r~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~Li `Y __ ~9 C O ~ ~ N ~ ~ d J i O ~ ~ ~ Il'i ~ - - ~ ~ - u7 ~ - O ~ N O ~ O N ~ V ~ ~ ~ O u7 ~ ~ M "O E O ~ U X u7 ~ _O ~ O ~ p) 'C ~O O Q y C - c+7 x cD O O c0 c~ cD u7 N X r ~ O N N cD X 7~ cD 'O M ~ 1~ M~ N N 7 0 ~ i_ ~ ~ ~ ~ N ~ ~ N O H3 u7 N N O O. V 64 c D EA ~ ELT M 7 EA a o ~ ~, ~, ~ ~ O E ~ ~ m m °' ~ m ~ m ~ ~ ~ C N O ~ .~ O ~ O ~ "O U "O O W Q~ ~ O N O r N r N O 7 M N J ~ ~ M O O~ O W E U a ° a r + ~ ~ a~ a Q~ ~ ~ V ~ p~ ~ ~w ~ ~" a E a m °' a~~ ~ W u i Q H Oz~ K~~ ^U K ~~ U O Q ~ ~ ^ -° ~ ^ N z^ ^ W = W p U O c~ aOm F QQ J Om w H c~ z ~ z~ J zUQ ~ w~ w w O O O O x O O ~ ~} m o o a a O0]c0 d'Q d'2 K K KM d'N d'UM W N N ~ N N N O u7 N N c D H LL O = W U N O J W N F U }~wU LL ~ O ^ ~ ^ Z Q Z J O O m U Q ~ W ~ U = Z U Q a °o O O O N y x C 7~ U ~ ~ N T ~ N _ ~ 0 O O O O O O O O ~ u7 O O cD ~ c0 o O O O O O o ] O m u7 - EA EA EA CO [A EA EA 6] a ~ m U3 EA a m M ~ ~ m O O ~ O ~ •~ .J O O O O O O O O O O O O O O O O O O O O C N N O H3 O H3 O EA O EA O EA O EA O EA O EA O EA O EA a rn ~ O Q ~ U ~ ~ ~ N ~ U ~ O d ~ ~ N V N ~ [6 X ~ ~ ~ ~ ~ ~ ~ ~ ~ d~ J 0 M~° ~~ O c~D N m ~ N O_ cro ~ ~ ~~ O ~ 0 0° ~ ~ w ~ ~ N# ~ O `o r N No N O m r r~ O N O X N N m O O m 7 O ~ u7 ~ K3 ~ [A 61 N EA K3 p U3 ~ ~ EA (~ [A ~ O M MEiT n (~ A ~ N ~ ~ ~ ~ U f/1 ~ Q ~ O- ~ Q ~ ~ O~ ~ O h o 3 r~~ 0 N u7 O ON U ~ O ~ O O~ N N ~~ ~ O m ~ LL U ~ ~ ~ N ~ ~ H3 ~ ~ H3 ~ N M Z K3 EA EiT Q Z W 10 T ~ U ~ ~ ~ U W = G -~ = - O N O ~ O [6 O [6 O ~ Uc~ O N ~ cD cD ~ u7 O~ u7 N 1~ a) c~ n= N c~ Q ~ N N N 7 Q 1~ M N O O d C Q d N E O O N 7~ c0 ~ O u7 n G ~- c0 ~ M O M~ ~ O 61 u7 ~ M ~ 2 U V N N K3 ~ H3 6] N EA EA U7 L N w 6NgO M ~ ~ K3 H3O ~ ~N ~ ~p y ~ ~ = ^ ~o - m ~ v ~ ~ ~ u-~ ~ ~ ~ - O= ~ p N C ^ O L7 - ~? u7 Y ~ O U Y ~ O O O L7 O O CO p7 7 p7 ~ ~ ~ 10 y~ O 0 ~ ~,~ ~ m ~ ~ m O 7~ m O 0 O O O N Z L7 X O O O 1~ ~ 1~ N ~ ~ 7 (q p LL U H3 s4 ~ ~ ~ EA EA cD N w U3 ~ U ~ U ~ ~ EA EA ~ Fi m ~ _ _ ~ ~ _ ~ 7 - ~ r w m Q o7 - O O J V O A u7 Q - O O~ y O c~ ~ cp ~ O N n+ O p~ W U O~ d y ~IJ U L J ~ 6] u7 ~ O O V in ~ ~ N~ m O O ~ O CO M N N~ O O <D ~ V N cD U u7 ~~ d e 7 EA ~ U3 N N EA in M ~ ~r ~ cfi O ~ ~ ~ ~ O U 0 C j V ~ ~ ~ J 6 ' U ~ O u7 ~ u7 .~ ~ O U ~ u7 u7 ~ ~ u7 ~ O ~ _ O p7 = ~ L7 = ~ O ~ O ~' 1 i ~ N N N M~ O N N M~ O O ~ ~ O O x Q jq ~ d ~ X N N EA N ~ ~ O EA cD X ~ N EA O ~ N O H3 N ~ EA c7 L J 64 N O EA ~~ ~ a o ~ d a m~ m O E ~ ~ ~ ~ ~ m m m ~ ~ ~ ~ ~ ~ ~ ~U w Q~ ~ N O N o ~ ~ o ~ O rn rn Z = U a a Q ~ ~ ~ g ~ ~ ~ ~ U U' ~ W y a~ m ~Z °' ~ ~ o ~ m O~ ~ ~ U~ ~ LL g ~ Q Q z ~ K W = ^ W N K CO J N ~ otf W W W Q Q 0 V Z U~ ~ZN O Z Z_ > Z_ > N J a Q~ Q Z ~ 0] ^ Z 0]Q LL K ~ J O O x w W W X Z Q O > >~ ~ Q K U N (~ (~ (~ N (~ 0] (~ (~ (~ C7 (~ H ~ ~ N M 7 ~ cD 1~ CO O O W cD cD cD cD cD cD cD cD cD 1~ H LL O 2 W U N O J W N F U }~wU LL ~ O ^ ~ oZQz J O m U Q ~ W ~ U 2 Z U Q a ~o V O O W y ~ O ~ Q ~ ~ ~ H C7 d' ~ Y O) ~ O) O) O) Z_ O u7 O O O Z O Q N O CO ~ cD ~ O O N m 7 O O O O O O O~ CO ~ O O u7 ~ M M 1~ N O O O N W K3 EA EA EA MEiT MEiT H3 H3 EA EA 7tiT ~ K W a 0 c •~ .0 o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 c d m o » 0 » 0 » 0 » 0 » 0 » 0 » 0 » 0 » 0 » 0 » a rn V °~ o ~_ ~ o m ~_ M ~ ~_ °~ ~ r ~ N m m ~_ Q~ p p M ~~ y C J 0 O O O o~ N~ N N ~ N N ~ N O m cD N O N L7 ~ V ~ O O O~ d~ O ~ 0 O cD u7 '~ cD N p G] u7 m ~ N ~ ~ N M O N o ~ ~ ~ o ~ ~ ~ tk cD N o ~ N ~ N o ~ ~ N ~ ~ o a o J ~3 # N H3 0 ~ U3 [A O J v3 o H3 ~ d V ~ N A _ ~ O) [6 ~ ~ ~ ~ ...~ ~ ~ ~ [6 uJ O) [6 ~ O m N O) [6 O ~ J G] Q ~ [6 J O) Q U ~ ~ ~ N N O O [6 [6 O) O) ?+ r~~ M Q cD - O O O u7 ~ O 1~ ~ N r ~? Y O ~ u7 O O L7 O N~ ~ u7 6] ~ O ~ O N O u7 O N 0 2 li U S N ~ ~ ~ ~ ~ N Q M N 6M4 N r N ~ N ~ ~ ~ ~ Q 0 f!3 LL f!3 ~ Ef} Ef} Ef} (n > ~ H W ~ jp T ~ O) ~ G] ~ O) [6 O) [6 O) N O) ~ ~ ~ N ~ N O [6 O) O U O d E C 7 Q 1~ O O c7 =~ ~ ~ p 7~ N N CO N O N 7 O) N N~ O O) M [p cD O) ~ O O N O cD ~ r O) y~~ = U U O~ EA O EA r ~' w N ~ d M~ U3 N O N ~ CO N 7 N O N ~ N cD N N N ~ 7 ~ N ~ ~ M B ~ ~ ~ [ft ~ EiT tiT ~ ~ ~ N Q 0 K ~ 'O O N U ~ ~ co ~ [6 O) ~ [6 O) ~ [6 O) [6 ~ O) ~ ~ a ~ W - ~ W ~ - N N O O ~ [6 O) O) O-~ ^~ ~ O ~ 7 0 p ~ O O O O O O CO O) CO ~ O O cD O) W 1~ ~~ O ni Z ~ L7 Q O ~ N N M 6] N 10 y 0 U 0 0 H3 ~ O EA O EA O EA cD O EA O ~ u7 L(] 4 O O 0 ~ CO ~ cD 7 1~ 0 LL _ ~ va ~ v3 ~ a ° e» v3 ss ~ c aFi m V Z ~~ ¢ ¢ z w ~ a w ~ Z ~~ o~~ o~~ o~~ M o~ ~~ o o~~ O ~ U O~ ~ u7 ~_ ~ Q O O O Q 1~ ~ WO u CO ~_ N O) O~ O O O u7 O O) 0 O u7 ~ O O O CO N O O O r N d O. y 0~ 0~ H3 N (q C7 0 U3 N ~ EA y U M O U3 ~ u7 N NEiT CO N MEiT ~ N d NEiT ~ O EA M N NEiT O EA r ~ ~ Q H K C ~ N j i ~ ~ _ N O) ~ ~ _ [6 O) ~ ~ 6J 6] N [6 O) O) N ~ O) O ~ ~ _ - - N O O ~ ~- 6] ~ ~ ~ ~ ~ 01 'C ~O 0 c0 ~= O O O O c7 f~ = O O O L(] O) N O u7 O N u7 ~ N L~ ~ ~ L7 O N O _ O O X Q N p 0 0 L7 ~ N O ~ O ~ N O ~ L' J O EA L7 X c7 N ~p X N CO X r N I~ O X cp O L7 ~ L7 O. 64 if3 ~ N H3 ~ 64 a o ~ d O E ~ ~ ~ ~ m o~ ~ m o~ m o~ m o~ m o~ ~ o m o~ w Q~ o0 0 0 r 0 O ~ N o N 0 N 0 ~ M o ~n 7 ~ W ~ p o W ~ Q z O ~ ~ a a~ U a C7 ~ ~ W~ } a ~ W O J F Z Z _ G' ~ N o Z Ci - ~ F w U ~ U W J Q O ~ H ~ ~ ~ ~ w O ~ a O O U O Q x W = D U ~ U ~ Z U Z Y U Y~ U w W F a a ~ ~ W J ~_ ~ W _ Q Q LL Q O K K 2 2 W W ~ ~ m ~ ~ ~ m ~ ~ U U U a ~ ~ N M 7 u7 cD 1~ CO O O W r r r r r r r r r CO CO H LL O = W U N O J W N F U }~wU LL ~ O ^ ~ ^ Z Q Z J O m U Q ~ W ~ U 2 Z U Q a 0 O O N y ti •c ~ ~ ~ ~ O O O O O O M u7 O O O O ~ O ~ O ~ O ~ O ~ O ~ CO K3 N O EA O ~ O ~ O ~ O ~ •~ .O C N O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O N a rn H3 H3 EA EA EA EA EA EA EA EA EA V LL ~ O ~ ~ ~ ~ ~ ° ~ ~ m ~ ~ ~ d O O ~ ~ ~ O O O O v ~ °J ~ ~ N °~ u i O ~ m 0 O J ? N ~ ] 6 u7 ~ ~ ~ c D X ~ ~ 7tiT ~ m ~ ~ ~ ~ EA N ~ ~ ~ ~ ~ ~ O ~ ~ O ~ ~ O ~ ~ O ~ ~ ~ O ~ 10 N ~ ?+ ~ d ~ ~ u7 O u7 Y O O O O r~ ~~ ~ N cD O ~ N U 2 LL ~ N EA N N D EA ~ ~ ~ ~ U3 N O~ EA ~ ~ cD N EA 10 T [6 ~ O ~ N O cc m ~ u~ - 1] N o) ~ - ~ o) ~ N O ~ [6 O ~°~ S a o ~n m o m m o N N m ~ N `6 - co co o~ m d E C lf~ O O O N O `Y '~ L7 ~ ~ G] f~ = r N ~. r~ 1~ O y N E = U U ~ ~ ~ N O U3 N N ~ N ~ ifJ ~ N ~ ~ ER ^ c~ ~7 ~ N ~ ~7 EA N Ci = 64 N I~ ~ ER CO N EA ~ u~ N ~ Q Y ~ ~ ~ LL, ~ N U N O r O ~ r ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ni o 0 O O O O O O O O p7 ^~ ~ O O O) ~,~ ~ O O O O O O O O O~ 10 y 0 LL U O U3 O) c7 ~ K3 W O EA O EA O EA O EA O EA O EA O EA O EA M_ EA c ~ y ~ [6 [6 cG ~ ~ [6 ~ ~ ~ o [6 N uJ ~ _ Z C ~.1 V O ~ 6] ~ O~ ~ O ~ O m ~ O~ f/1 O~ ~ N O O f/1 CO ~ f/1 O~ O ~ ~ ~ N N ~ ~ O ~ n' ~ U O~ ~'~ ~ O O V~ 1~ O N~ r~ O N O r N OY ~ ~7 ~ N a ~ V %V O v3 O v3 ~ .~j cn N~ v3 CO nj N is3 O ~ ~ O v3 CO ~~ v3 ~ ~ N s ~r ~» ~ m ~ c °_ m m m~ m N~ ~ m ~ ~ ~ ~' N = m m ~ ~ °' o~ °' ~ °' °' m - °' - - - a~ ~n o~ o~ ~ O o „~ u7 o „~ u7 o O o „~ K 0 r 0 O 0 O 0 O 0 O 0 O N o ~n O N Q w p ~ N X O ~ X N O O O O f~ ~ ~ X 0 O. X EA N 7 N EA EA cD N 64 EA EA EA EA EA 64 ~ N K3 a o ~ d O E ~ ~ m o m o m o ~ ~ m ~ ~ ~ ~ ~ ~ ~ ~ ~ w Q ~ c°D c°D O O o °o O u°~ °o M ° r`ni ° a g o of o U a Y J > ~ >Q co ~ U Y W J 0 O U Q m Q m W~ ^ ~ W v i U ~ 2 ~ H ~ w ~ Z O = ~ ~ = D V Y U o~ 0] Q~n^ 0] K~ 0] Q OWY ~Q WU 7 J ~ W Z M ^ ^ ^ d J U d W j Z W W ^ Q H O O X O ~ O O ~ O K ~~ O Q a >w U ~ U Z Q N Z S Z Q ^~ U ^ W ^ d' ~ W ~ ~ ~ CO CO ~ ~ ~ 60] O 6N] H LL O = w U N O J W N F U }~wU LL ~ O ^ ~ ^ Z Q Z J O m U Q ~ W ~ U 2 Z U Q a ~°o V O O 0 ~~ c ~ ~ N m ~ X 7 O O O O O O O O O N ~ O O _ ~ - O O O O O O O O V O O o ~/1 O O O O O O O O ~ O O - EA EA EA EA EA EA EA EA CO V EA EA EA _ - Q _ - _ O O ~ O O O O O O O O O O O •~ .O O O O O O O O O O O O C N N O H3 O H3 O EA O EA O EA O EA O EA O EA O EA O EA O EA a rn O V 1 ~ to U N 1 NO r U ~ 6] U m U~ 0 0 m o m N# U m~ ~ C d- O O O O O O ~~~ N N o O 0 O O O O ~~ m 0 ~'? r N O `~ u? ~. O u? o ~? 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EA ° m c~ ° ~- ink ~ LL U O M - m m rn~ o ~ j - - rn~ o ~ EA G ^ O o6 EA ~ EA M O U U N EA ~ M ~ V A V) a' ~ ? 'o Z O ^ N x x O U M~ ~ M O~ p p r p X 0 0 ~ ~~ O ~ V ~ m~ ~_ ~ ~ m p ~ ~ O 3~ N N Q Q ~L L O Q.'-~ L p a O ~0o ~ ~M M ~ ~ ~ c00 ~ ~~ ~ ~ Cj M Ef ~ M ~ro ~ Obi a O m ~ y ~ ~ ~ ~ ~ _ _ ~ ~ ~ m ~ m p rn £ ~ ~ m Q ~ W i°n i°n ~ ~ cO1O °v z ~ ¢ m vJ ~ w J ~ w w ~ ni r vJ O ^ O ~' °~ -O ~ ^ vJ _ a v i ~ ~ ~ ~ ~ Z w ~ ~ o. r ~ LL aLL ~ °' a ~ ^ x W z vJ~ ~ ~ ~ ^ ~ U LL W ~ ~ K o~ w n J? ~ o w J F ~ w~ Q~ Z O~ w ~ z O ~ K W W ZN F_ LL' ~ LL K p W QN F LL' W K W N C7 ^ Z ~ U_ W ~ W Z O W Y ^ ~ ~ ~ ~ o ~J ~~ ~ l pl r ~ ~J r ~ ~ g _ w ^J ~ a ~ o pU) o~ ' ~ O ~~ F W Q LL N c N ~LL F~ ~ N Q W F LL ~ ~~ N F ~ OJ W N LL ~ = = U O~ J U) J ~ ~Q ~ LL C7p Q~ # W r M M M M M M V V V V Baker's Transport Service Division of Dedicated Transport, LLC July 27, 2009 Mr. Victor Majtenyi Deputy Director of Public Utilities City of Delray Beach 434 S. Swinton Avenue Delray Beach, FL 33444 Baker's Transport Service 2740 S. Combee Rd Lakeland, FL 33803 Phone 863.668.9757 Fax 863.667.2123 www. ded icatedtra nsport. com Re: Extension of 30-Day Trial Lime Slurry Removal & Recycling Program Dear Victor: It was nice speaking with you today. As we discussed, it is my understanding you would like to extend the trial period until your fiscal year end ,and then make provisions to "piggy back" with the Palm Beach County contract for the next fiscal year. In our previous correspondence, we gave you a flat rate of $18.75 per ton plus fuel surcharge. Since then, we've contracted with a local vendor that can accept product, therefore we have revised the rate as follows: Local (within 75 mile radius) $13.75 per ton plus fuel surcharge Long Distance (76 miles plus) $18.75 per ton plus fuel surcharge We will use the local vendor as much as possible, subject to their ability to receive product. When they cannot accept product, we will revert to the long distance vendor. Should you have any questions or need additional information, please feel free to contact me at 863- 559-2770 or bbaker _dedicatedtransport.com. Baker's Tranusport Service l~a,~e~t l~ ua~~ Robert R. Baker Director, Business Development RB/amb 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 Baker's Transport Service (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 shall include the following documents which are attached hereto and incorporated herein by reference of the following: CONTRACT DOCUMENT (S) Standard Form of Agreement Corporate Acknowledgment Certificate (not applicable) Insurance Requirements Sample Insurance Form PAGE NUMBERS 1-5 6 7 8-14 15 16 -i- CONTRACT DOCUMENTS (cont'd) PAGE NUMBERS Drug Free Work Place Certification 17 (if not provided in other bid) N/A Bid Documents (other agency) Attached Performance/Payment bond N/A 4. The term of this contract shall commence upon execution of this agreement by both parties and shall continue for a period of 60 days 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: Baker's Transport Service 2740 S. Combee Rd Lakeland, FL 33803 Phone 863.668.9757 Fax 863.667.2123 www.dedicatedtransport.com 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. -2- 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 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. -3- The indemnification provided above shall obligate the CONTRACTOR to defend at his own expense or to provide for such defense, at the CITY'S option, any and all claims or liability and all suits and actions of every name and description that may be brought against the CITY which may result from the operations and activities under this Contract whether the construction operations be performed by the CONTRACTOR, his subcontractor or by anyone directly or indirectly employed by either. This indemnification includes all costs and fees including attorneys fees and costs at trial and appellate levels. The CITY will pay to the CONTRACTOR the specific consideration of ten dollars and other good and valuable consideration as specific consideration for the indemnification provided herein. Furthermore, the CONTRACTOR acknowledges that the bid price includes said consideration for the indemnification provision. 10. This Agreement shall be considered 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. 12. The Parties agree and acknowledge that the CITY is "piggybacking" off of the contract with Palm Beach County Utilities and that the terms and conditions of the proposal shall govern unless they are in conflict with the terms and conditions of this Agreement, and in that event, the terms and conditions of this Agreement shall govern. -4- IN WITNESS WHEREOF, the parties hereto have executed this Agreement, the day and year first above written. ATTEST: City Clerk CITY OF DELRAY BEACH, FLORIDA By: Approved as to form: City Attorney WITNESS: CONTRACTOR: BY: Mayor (Print or type name and title) (Print or type name and title) -5- (SEAL) CORPORATE ACKNOWLEDGMENT STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of 20_, by (name of ofFicer or agent, title of officer or agent), of (state or place of incorporation) corporation, on behalf of the corporation. He/She is (personally known to me) (or has produced identification) and has used his/her identification. (type of identification) as Signature of Person Taking Acknowledgment Name of Acknowledger Typed, Printed or Stamped -6- 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. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the corporation this day of , 20_ (Secretary) (Seal) -~- 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 ~~~ 0 ~~~ACH c G2 a ~ \ r ~ \~ORI~~ Purchasing Department ~U Snu[h ~~i~l;tar~r ~"rafi, tiulir_ 710 L1'est I'aL~t f~etts_i!, t'L »~aJCz ;IC1~? April 21, 2009 Form L (.1faj i~ltrr~Bf Y{} r~~.,~ (,r,a ~ ~~~~--=,a~ ~ Dedicated Transport, LLG t,•~~,~a•.pt~c!~o~. ~ orf;=tEu~r Baker's Transport SeNICe 2740 S Combee Road Lakeland, FL 33803 ^ Dear Vendor; RE: TERM CONTRACT #: 09029 Palm Beach County This i5 to inform you that Palm Beach County Board o#County Commissioners ~vard ne county _ is entering into a Term Contract with your companyfor HAU LING OF WET Commissioc~en LIME SLUDGE based on: isur[ ,~~f onsor , i~~~ c~,;f;;,,rsn j [ ~/] BIDIRE{~UEST FOR QUOTATION {RFQ) #: 09-029/KM liarcrn 7" '~9ari'~s The term of this contract is 04/21/09 through 0412019 0. The estimated >r,.~n~~~ ;~,f~~ dollar value is S 335,000. ,,i,,f, ~~.~,~~~,,. ;,.,,, ,, ti;,,,;,,,,-,,,;, The obligations of Palm Beach County under this contract are subject to the availability of funds lawfully appropriated for its purpose by the State of af~tr,~ ~ <;f~~t f,~~ Florida and the Board of County Commissioners. Palm .Beach County Departments will issue individual hard copy arders against this contract as your authorize#ion to deliver. All invoices must coanty ~antinistratvr reference a unique document number (e.g. CPO/D0 680 XY03030500000000001111 or CPOIDO 680 XY030305*1111), Failure to provide ''"`'`'" `~'`'`''~°'~"'' an order number with each invoice will result in a delay in processing payment. If you have any questions, please contact Kristen A. Monnett, Senior Buyer at ~~- ~,~ _` ~s . ~ {561) 616-6824. . ,> ::~ ~ Sincerely, i~I;1'1'Eti'~7.tL Ckl,~ltlt.lml111 ' 3 J9Na.~rw~rr~r,r:fiGYf+r+'~ ~/~~(A.~` Vc..~~'• Kathleen M. Scarlett f ~,,:;'„ , ;, :~:~ Director c: Vemetha Green, Water Utllitles File ~' ~, t~~~_._,: p.~mfrr' nn ~~ y:. ed page! E 0 W H W w Q v W D m I-- Q Z V W W J N W W V Z J 2 J H F- ~"' W Z W N O ~ ~ C m Y O D Z m N J W g z ~ }-1,1 r-{.I J a a W Z o J W p v 2 W ~ N N LL Z ~Yv ~~ aQz Q ~ ~ ~ N W Vw~ r ~ ~~ 2 O J(n W V Z W G' W a ~ J W ~ ~ Jfg2 a =~ U z ~ a z = d O v c z a z o a ,-, 3 - g m O to W GC O W ON Z ~ VO O a ~- } Z O ~a ~n a a p m i c G yW N ~ fn Ve ~ ~~ a W W r2 W Z_ F J Q N ~ f'1 ~'J O ~ ~ V; U a w H Z C9 ~ c ~ ~ mG O ~-° m m ~ Z W O ao°- O ~ Q ~ ~ ~ W K~~ N pOw = ~' Q Z J ~.+ ~ a ~mz .,. ~ ui O Z J d Z m h O NZ~ Q ~a 0 ~ Z W~7d. OLL ~ Oz> Z J ~ O W Z O O ~ Z NF- W W ~v 1N ~ ZW U aW G a > O WZ O GyH. W ~~ZQ O C a ~ - '" z w ~ mo >- ~~d'd~ w c9 Oc7 Y p33w aa O z H ~z ~H ~ ~ WOIOIO ~ ~zzz v~ av~ a W m a va ~~~~ N z O ~ J~ G ~ .-. 3~~a v ~ a~~w U' N W w W ~ J N w ~ O ~ W Z° a z a 1L F Z W ~ W OCmJ M ~ LLa,=a co O ~ O a u~ w w cv ~ ~y ~ w w N~ W LL= OCU 0 W ~=wZpap,, O ~ 0 . W V Z J > W C Z Q N) W W ~ Q Z N O w3 ~m ~ a ~z~ UOa wQ ~- ~ OC Q a w>z 3 D m Q F- 7U ~Jf~A W IiJ Z WHO aZ°z LL a O ~ O~ ~ O V M ~ M p LL O ~ ~ ~ W V ~ W ~ 2 ~ V W N H= 00 V W O ~ ~ y W U J ~ mW 2 ~ aOH W Z y0 y3 ~~ HZ~ mOa W~ E-~ Q a w~Z 3 O mQ~ ~V Y Q W ~"a..i s-_;, rte' ~~,°Y,i ri'~ t:"--4 ~ ~ ' i ~= ' 1 z :I::: Forfn 1N AlV~E~N.~.~IrI,E:WT #~ Gated: February 1 Q; 2Qt19 PALM BEACH COUNTY PURCHASING pEPARTMENT S,Q~ SOUTH .MILITARY TRAIL, SUITE 110 WEST PALM BEACH, FLC3RIDA~33:415-3199 i3lD #: 09-t129IKM TITLE: HAULING OF WET LIME SLUDGE< TER~R CONTRACT OPENING DATE: FEBRUARY 19 Ztlg9 • DELETE EXISTING BID RESPONSE PAGE 1~1 AND REPLACE .WITH ATTACi-IED REVISED BID RESPONSE PAGE 11. THE ESTIMATED 1~2 MONTH QUANTITY FOR ITEM #9 HAS BEEN CHANGED. NOTE: This executed amendment shad be returned with your bid response. Failure to return this amendment shah render your bill non-responslue. Baker's Transport Serv~.ce D3.v. o Dedicated Transport, LLC ~ Q. ~ oZ ~7 4~ COMP . Y NAME ~---'.T`_.""°W~~`~ SIGNATURE 1 DA. Senior ~~ Tammy L. Smit Purchasing Manager '~REV~sE© ElD~ RESPONSE BAD #~9-fl2~91KM ~iAULlNG OF WET LIME SLUDGE, TERM OONTRACT Page 11 STEM ~srIMATEi~ EINIT X WEiC3HT FAC34[tED NO DESCRIPTION 12I~QNTH UNIT PRICY FACTOR RATE . QIJANTRY 1 • PICK OF 1 LCIADiNG AND UNLQ;ADfNG OF 7,50fl TQIV $18.75 lion X .3t1 $ 42,187.5Q WET L[AIIE SLUDGI ~• HAULING QF WET LIME S[_UC~GE 127;75Q MILE $ 1.15ImiIs X .70 $102.838.75 TtJTAL F~ICTURED RATE ITEM #'~ + lTE~ #2}: $145,o26•z~ fs Qualification of B€dders infort~tatlon included, per Term and Condition #S? YES x INITIAL ~~ Ones bidder Dearly understand the Ins~rancs regyirement, per Term and: Condition #187 YES, INITIAL ~'~*~ * PLEASE AFF~~ SIGNATt~~RE 1~VHERE INDICATED {FAiLUf~E TO DO SO SHALL RESULT ~N THE REJ.ECT[ON OF YOUR BIDj Bys€gnature on this document, bidder~adcnowleilges and agrees that its offer inciudes~and~accspts ail terms, conditions, and specifications aFthe County's bid solicitation as originally pubiished, without~exception, cl~ahge~or alteration of aray~lcind, sxc~pt as may have beers published by ttte Cot~nty~ in offlclai amendments prior to this date oYsubmlttal. FIRM NAME: (Enter the entire legal Hams n# the bidding entity) DATE: Baker's Transport Service / , A Division of Dedicated Transport, LLC ~ ~ ~~~~ PRINT NAME: F2Zt..vK ~ . l.~l a~ ~/ ~f2. ~ * S~t7~hfATU '~~: ~ Q PRINT TITLE: T,"esi ~eN ¢-~"' C E 4 ADDRE5S: 2740 S Combee Road CITYISTATE: _ Lakel.and,__ k'l.orida__ _ ______ ZIPC4DE: 33,8113 ~„___ TELEPHONE# (863) 668-9757 E-MAIL: bts@ded3.catedtransport.com TQl_L FREE # ( ) FAX #:.( 8 6 3) S 6 7 - 212 3 APPLICABLE LICENSE{S) NUMBER # TYPE: FEDERAL[©# 34-2015003 . Page 7 3 CERTIFICATION OF BUSINESS LOCATION BID #: l}9-025lKM In accordance with the Paim Beach County Local Preference Ordinance, a preference shall be given to those bidders who have a permanent place of business in Palm Beach County ("County"} and who hold a valid Local Business Tax Receipt {Occupational License) issued by the County that authorizes the bidder to provide the goods or services to be purchased. To receive a local preference, an interested bidder must have a permanent place of business in existence rp_or to the County's issuance of an invitation for bid. A valid Local Business Tax Receipt (Occupational License) issued by the County Tax Collector sha11 be used to verify that the bidder had a permanent place of business prior to the issuance of the invitation for bid. A Palm Beach County Local Business Tax Receipt {Occupational License) is required unless specifically exempted by law. En lieu of a Palm Beach County Local Business Tax Receipt (Occupational License), the bidder should include the current Local Business Tax Receipt {Occupational License) issued to the bidder in the response. The bidder must submit this Certification of Business Location at the time of bid submission. The Local Business Tax Receipt (Occupational License) and this Certification of Business Location are the sole determinant of Eocal preference eligibility. Errors in the completion of this Certification or failure to submit this completed Certification sha11 cause the bidder to not receive a local preference. Please note that the bid submitted by the bidder to the County must be from an address located within Pafm Beach County in order for local preference to apply. I. Bidder is a: X Non-Local Business Anon-local business is one that does not have a permanent place of business in Pafm Beach, Martin, Broward, ar Miami-Dade County. Regional Business A regional business is one that has a permanent place of business in Martin, Broward, or Miami-Dade County. {P[ease indicate): Martin County Broward County Miami -Dade County Local BuSineS5 A IacaE business has a permanent place of business in Palm Beach County (Please indicate): Headquarters located in Palm Beach County Permanent office or other site Eocated in Palm Beach County from which a vendor will produce a substantial portion of the goods or services to be purchased *A post offce box or location at a postal service center is not acceptable. The attached copy of bidder's Palm Beach County Local Business Tax Receipt (Occupational License) verifies bidder's permanent place of business in Palm Beach County THIS CERTIFICATION is submitted by , as (Name of Individual) of {TitlelPosition) {Firm Name of Bidder) who hereby certifies that the information stated above is true and correct, that the bidder has a permanent place of business in Palm Beach County, and that the attached Palm Beach County Local Business Tax Receipt (Occupational License) is a true and correct copy of the original. Further, it is hereby acknowledged that any misrepresentation by the bidder on this Certification is considered an unethical business practice and is grounds for sanctions against future County business with the bidder. (Signature) (Date) Page 14 DRUG-FREE WORKPLACE CERTIFICATION BID #a9.0291KM HAULING pF WET LIME SLUDGE, TERM CONTRACT ENTICAi_ I SfI~ROPOSA~S .. In accordance with Section 287.087, F.S., a preference shall be given to vendors submitting with their bidslpropasals the following certification that they have implemented a drug free workplace program which meets the requirements of Section 287.fl87; provided, however, that any preference given pursuant to Section 287.087, snail be made in conformity with the requirements pursuant to the Paim Beach County Code, Chapter 2, Article lil, Sections 2-80.21 titru 2.80.34. In the event tie bids are received from vendors who have not submitted with their blds/proposals a completed fJrug-Free Workplace Certification form, the award wilt be made in accordance with Palm Beach County's purchasing procedures pertaining to tie bids. This Drug-Free Workplace Certification form must be executed and returned with the attached bidlproposai, and received an ar before time of bid opening to be considered. The failure to execute and/or re#urn this certification snail not cause any bidlproposal to be deemed non-responsive. Whenever two [2) or more bldslproposals which are equal with respect to price, quality, and service are received by Palm Beach County for the procurement of commodities or contractual services, a bldlproposal received from a business that certifies that it has implemented a drugtreeworkpiaoe program shall be given preference in the award process. In order to have adrug-tree workplace program, a business snail: (1} Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, ar use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. [2) inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug tree workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees far drug abuse violations. (3) Give each employee engaged in providing the commodi#ies or contractual services that are under bid a copy at the statement specified in number (1 }. (4} In the statement specified in number (1), notify the employees that, as a condition of working an the commodities ar contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contenders to, any violation of Chapter 893, Florida Statutes, ar of any controlled substance law of the United States or any state, for a violation occurring In the workplace na later than five (5} days after such conviction. (5) Impose a sanction on, or require 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) Make a good faith effort to continue to maintain a drug free workplace through implementation Section 287.087, Florida Statutes. THfS CERTIFICATION is submitted by /1/~ the (Individua (TitlelPosi#ion with CampanylVendor} "Baker's Transport Service of __. A Division of Dedicated Transport, LLB (Name of CompanyNendar} who does hereby certify that said CompanyNendor has implemented a drug free workplace program which meets the requirements of Section 287.087, Florida Statutes, which are identified in numbers (1) through (8) above. ~-- a ~ a ~ ~ Signature Date a rn m O Z W ~ J h W Z W N ~ W W ~ Q O ~ a ^ Z O oQ ui z m W W '~ E" W ~ 0 d a z o ~ a ~ ~ Q A Z ~ m W' ~', O' C7 ', a:. U; a' m Q~ U~ ~~ J } j {R. , z; ~; ~~ W; J~ 0.a w w a N R d °' ~ e9 e9 yr ua v r O G R U ro 0 4 V N C ~ ~ In b} VJ tR 64 fR U . ~ N_ b9 kH tl9 t9 b9 V c 9 fR 64 fH tl9 64 N d ~ ~ _ ~ _ N ar ro U N t O D yj O 'y ~ ~ U ~= ` " o c C lC v ~ •az E o ~ 0. ~ N M V' In i V! N W C H d L R O v N d a c O .Q d W m w 0 v 7 10 H w U a` p m «° H s ~. o m v ~ m o V U ~ ~ ro o a 0 a s. v a ro `o ~ c s a y C C 5 ~p O C ~ 0 ~ m to v° U .C a m ~ u o ;a w ~ N '~ O N a ro O ~ o. a ,~ ui `o N °' ro ~ c ~ m v U W ~ IO c ~ o ro v ,~ m ~ s° c ~ Q7 ~ r c U V N Q ro O E ~ _ a. ~ b 4f O C O. N ~' o ?' ~ v c m c ~ .cz ro ~ N W w ~ m ~ ~ ~ c ~ `o ro ~ ~ ~ ~ ~ ro c p C ~ n o ~ ~ U .° ~ ~~ ro ° m pp a ~ ~ c~ ~ rn N C_ +~-. ~ N ~ 'O N O ~ ~C ~ r ,O N = ... N ~ C C 'Q w ~ .ro ~' C E w E pzCWp ham- ~ LL 2 ~M ui O z Page 16 SCHEDULE 2 LETTER OP INTENT TO PERFORM AS AN S8E OR MIWBE SUBCONTRACTOR BID NO. BID NAM(=: TO: (Name of Prime Bidder) The undersigned is certified by Palm Beach County as a(n) - {check one or more, as applicable): 5ma11 Business Enterprise Minority Business Enterprise Black _ Hispanic Women Caucasian Other (Please Specify) Date of Palm Beach County Certification: The undersigned is prepared to perform the following described work in connection with the above project S ecif in detail articular work items or arts thereof to be erformed): Line Item No. Item De~iption Q (Units U i Price Total Pricc at the following price (Subcontractor's quote} and shall enter into a formal agreement for work with you conditioned upon your execution of a contract wi#h Palm Beach County. If undersigned intends to sub-subcontract any portion of this subcontract to anon-certified SBE subcontractor, the amount of any such subcontract must be stated: $ The undersigned subcontractor understands that the provision of this form to prime bidder does not prevent subcontractor from providing quotations to other bidders (Print name of SBE-MIWBE Subcontractor) By: (Signature) (Print nameltitle of person executing on behalf of SBE-M/WBE Subcontractor) Date: n r N tti (1,. ~' 11 t"~ F Wj J ~ ~ U °a W Um N~ ~ ~ ~ ~ Ca W mI^ Vi _z W LL Q W EO m W Q z C] m W Q z 0 Q U~ H U W a. IJ..I Q.. H U W O ti L ~ Q ~a~ d E .~ ca o ~ V . Q ~ ( m ~ N Y ~ ~? U U ~ ' ~ O c m y (~ U .se W L~1 m N I - N r dl `~ MM rWr^ VJ T ~ ~ V v .-, ~_ '~ ~m m ~ m rn ~r ¢n 0 v Z a ~ G _ I"' 7 O ,4 ~~ O ~ m.. U i~ " W C ~ U o ~ ~ ~"" z 0 7 m W C` C m ~ $ W . Q ~ ~ W W m ~ o ~ q ~ kn z U) a a F v m c rn ec N V Ui Z Q T m L O U Q N C .ya ~ d N V N ~ M N _ M N ~ J ,cN~ ~ _ m ~m u - }- m ~ ~^ m y .~ E 0 ~. - ~ ~~a ~~~ m W U 3 ~ ~ e ~ ~ ~ ~ O O V "6 N C ~ ~ y--i W O m SC _ •} ~ ~ (~ O N [L7 U O N ~ ~ ~ A L N O V W N O Z Page 98 SCHEDULE 4 SBE-MIWBE PAYMENT CERTIF[CATI~N This is to certify that received SBE or MIWBE Subcontractor (Monthly) or (Final) payment of $ an from for labor andlor materials used on BID N0. (Prime Contractor) B1D NAME; B1D #: PRIME CONTRACTOR: SBE OR MM! SUBCONTRACTOR: (Company e) BY: BY: {Si atur of Prime Contractor (Print Name & itle of P son Executing o of Contractor STATE OFF ORIDA COUNTY O Sworn to an subscribed befo me this by ' ignature of Subcontractor) t Name & 'tle of Person Executing on behalf of contractor) day of ,,, \, 20 ry Public, Stag of Florida Print, Type ar Stamp Commissioned Name of Notary Personally Known OR Produced Identification Type of Identification Produced STATE OF FLORIDA COUNTY OF Swom to and subscribed before me this day of , 2Q, by: __ Notary Public, State of Florida print, Type or Stamp Commissioned Name of Notary Personally Known OR Produced Identification Type of Identifica#ion Produced DUE: To be submitted with Pay Request, immediately following any payment to the SBE-MNVBE from the Prime Contractor. Bid #09-029/KM Bidder Qualifications Baker's Transport Value Proposition We are extremely proud of our record of uninterrupted lime slurry deliveries during the past ~. 6 years that we have been servicing the Orlando Utilities Commission's Stanton Energy Center. Baker's Transport offers the following attributes which differentiate it from other service providers: • +1Z years vendor with Orlando Utilities Commission hauling lime slurry • +16 years lime slurry operational experience with 2~ x 7 coverage of operations • I8 source Water Treatment Plants currently under long-term contract • 4 additional source Water Treatment Plants in proposal stage • 2 additional power plants in contract development stage • ~.6 day-cab tractors & 24 X-Ring Double Conical Aluminum Tanker Trailers • 18 CDL licensed tank truck drivers with strong liquid transportation experience • Best-in-class Technology, Security and Safety programs Our management team is committed to meeting an d exceeding mu tually agreed upon quality requirements in a timely and cost effective manner. We expect to accomplish this by empowering our employees and working with the management of our customers in an ongoing process of continuous improvement. Overview of Bakers Transport Service Bakers Transportation Service (BTS} of Lakeland, Florida is a specialized Bulk Carrier of Lime Slurry from Water Treatment Plants (WTP's} to coal burning power plants. The company was started by Bob & Anna Maria Baker in 1992 and has steadily increased its geographic coverage and Lime Slurry customer base over the past sixteen (16} years. On March 1, 2007 the assets and the customer contracts of BTS were acquired by Dedicated Transport, LLC {DTLLC} of Cleveland, Ohio. Bob Baker, as Director of Business Development, is responsible for expanding the customer base and continues to support Baker's Transport quality customer service with his substantial knowledge, contacts and experience. BTS has been under contract with the Orlando Utilities Commission (OUC} for over twelve (12} years hauling over twenty (20} loads of Lime Slurry per day for the Scrubber Additive System located at the Stanton Energy Center at 5100 South Alafaya Trail Orlando, Florida. The Lakeland, Florida management team of Richard Baker and Kim Bedient has extensive __ _ __ ~~~age industry knowledge and experience in the pick-up, transportation and delivery of Lime Slurry Product. In addition to OUC, BTS provides service to alternative energy plants and has provided similar Lime Slurry delivery services to the City of Lakeland (McIntosh} power plant. Overview of parent -- Dedicated Transport, LLC Dedicated Transport, LLC (DTLLC} of Cleveland Ohio provides Dedicated Contract Carriage and Logistics Support Services to numerous companies and industries and is authorized to do business in the State of Florida. DTLLC has been in business for over twenty (20} years, deploys leading edge equipment, best of breed technology and has one of the transportation industry's most experienced management teams. DTLLC has excellent financial backing and has invested considerable time and effort with the BTS management team in developing new sources of Lime Slurry in the State of Florida. Far more information regarding Dedicated Transport, visit the website at www.dedicatedtransport.com Current Sources of Lime Slurry BTS currently services eighteen (18} Water Treatment Plants (WTP}. BTS has provided Lime Slurry removal /transport for many of these WTP's for over sixteen (16} years. BTS works closely with each of these sources to coordinate hours of service, timely pick-up and specialized services to meet their daily operational needs. Operations BTS hours of operation are twenty-four (24} hours per day, three hundred sixty five (365) days per year. An Emergency Contact number is supplied to our customer's an-site management to handle any emergency situations. Periodic meetings are held with the plant management to ensure compliance with its Safety and Security requirements and to resolve any operational concerns. BTS deploys sixteen (16} day-cab tractors and twenty-four (24} 8,400 & 7,800 gallon X-Ring Double Conical Aluminum Tanker Trailers. To better meet the service requirements of our customers, BTS tractors and trailers are domiciled and maintained at terminal facilities located near our customer's plants. Emergency road service is available around the clock to resolve any equipment issues and ensure timely delivery of product. _2~Page Technoloey /Operational Reports As a part of our security program, all tractors are equipped with PeopleNet on -board computers and can be located via GPS at any time. In the event of a bioterrorism attempt, a tractor-trailer could be remotely shut down. Drivers are also equipped with cellular phones to facilitate changes in delivery schedules. All trip information is captured electronically in DTLLC's carrier management system which also generates driver payroll and monthly invoicing for all customers. operational metrics are available to monitor pick-up & delivery volumes, frequencies, dates of service and other information. Safety & HR The Bakers Transport division of Dedicated Transport, LLC currently employs eighteen {18) CDL-qualified class-A tractor trailer drivers. Prior to hiring ail drivers must meet stringent pre-employment qualification requirements which include minimum Class A and tank truck operational experience, vocational and criminal background investigation standards as well as physical capabilities and substance testing. All drivers are experienced tank truck operators possessing strong liquid bulk transportation industry experience. All of our drivers exceed the Living Wage with average annual W-2 earnings of $40,000 in 2008. Following a minimum period of continuous employment, drivers are eligible for the Company's Medical, Dental, Vision, 401(K), Life Insurance and other supplemental benefits. All drivers also participate in the Company's Safety Incentive Award Program which provides monetary incentives to ensure compliance with all governmental regulations, hours-of- service, operational standards and other service requirements. There are procedures in place to handle driver illness or other contingencies to ensure timely delivery of product. 3~Page 2009 LIMITED LIABILITY COMPANY ANNUAL REPORT DOCUMENT# M07000000799 Bntity Name: DEIJICATED TRANSPORT, LLC Current Principal Piece of Business: 6551 GRANT AVENUE CLEVELAND, OH 44105 Current Mailing Address: 6559 GRANT AVENUE CLEVELAND, OH 44105 FEI Number: 34-2015003 FEI Number Applied For ( ) Name and Address of Current Registered Agent: C T CORPORATION SYSTEM 1200 50UTH PINE ISLAND ROAD PLANTATION, FL 33324 US FILED Feb 06, 2009 Secretary ofi State New Principal Place of Business: New Mailing Address: FEI Number Hot Applicable (] Cert'rficate of Status Desired ( ) Name and Address of New Registered Agent: The above named entity submits this statement for the purpose of changing its registered office or registered agent, or both, in the State of Florida. SIGNATURE; Electronic Signature of Registered Agent Date MANAGING MEMBERS/MANAGERS: ADDI7[aNSICHANGES: Title: MGRM ODelete 'title: OChange OAddition Name: DEDICATED TRANSPORT, HOLDINGS, LLC Name: Address: 6551 GRANT AVENU>= Address: City-5t-zip: CLEVELAND, OH 44105 City-St-zip: 1 hereby certify that the information supplied with this filing does not qualify for the exemption stated in Chapter 919, Florida Statutes. I further certify that the information indicated on this report Is true and accurate and that my electronic signature shall have the same legal effect as if made under oath; that 1 am a managing member or manager of the limited liability company or the receiver or trustee empowered to execute this report as required by Chapter 608, Florida Statutes. SIGNATURE: F, FRED PRICE CFO 02106/2009 Electronic Signature of Signing Managing Member, Manager, Or Authorized Representative I Date SWORN STATEMENT UNDER SECTION 287.133 (3) (a}, FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES (To be signed in the presence of a notary public or other officer authorized to administer oaths.) STATE OF Florida COUNTY OF Polk Before me, the undersigned authority, personally appeared Frank A. Wagner who, being by me first duly sworn, made the following statement: 1. The business address of i3aker's Transport Service, A Division of Dedicated Transport, LLC. [name of bidder or contractor] is _ 2740 S. Combee Road,, Lakeland FL. 33803 2. My relationship to Baker's Transport Service, A Division of Dedicated Transport,, LLC. [name of bidder or contractor] is _ ,President, CEO ~,,,.,,.__..._ [relationship such as sole proprietor, partner, president, vice president). 3. I understand that a public entity crime as defined in Section 287.133 of the Fiorida Statutes includes a violation of any state or federal law by a person with respect to and directly related to the transaction of business with any public entity in Florida or with an agency or political subdivision of any other state or with the United States, including, but not limited to, any bid or contract for goods or services to be provided to any public entity or such an agency or politics! subdivision and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation. 4. I understand that "convicted" or "conviction" is defined by the statute to mean a finding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in any federal or state trial court of record relating to charges brought by indictment or information after July 1, 1989, as a result of a jury verdict, nonjury trial, or entry of a plea of guilty or no[o contenders. 5. I understand that "affiliate" is defined by the statute to mean (1) a predecessor or successor of a person or a corporation convicted of a public entity crime, or {2) an entity under the control of any natural person who is active in the management of the entity and who has been convicted of a public entity crime, or {3) those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of an affiliate, or (4} a person or corporation who knowingly entered into a joint venture with a person who has been convicted of a public entity crime in Florida during the preceding 36 months. 24 6. Neither the bidder or contractor nor any officer, director, executive, partner, shareholder, employee, member or agent who is ac#ive in the management of the bidder or contractor nor any affiliate of the bidder or contractor has been convicted of a public entity crime subsequent to July 7 , 1989. [Draw a line through paragraph 6 if paragraph 7 below applies.] 7. There has been a conviction of a public entity crime by the bidder or contractor,,,,orarr officer, director, executive, partner, shareholder, employee, membe r~at,~nt of the .bidder or contractor who is active in the management aft er ar contractor or an affiliate of the bidder ar contractor. A dete has been made pursuant to Section 287.133(3) by order of the of Administrative Hearings that it is not in the public interest fort of the convicted person or affiliate to appear on the convicted ve .The name of the convicted person or affiliate is . A copy of the order of the Division of Adminis#rative Hearings is attached #o this s#atemen#. [Draw a line through paragraph 7 if paragraph 6 above applies.] Signed by: ~~ ~~, ~ • ~ ~~ Printed Name: Frank A. V4lagner. Sworn to and subscribed before me in the state and county first men#ioned above on the ~,_, day of ~ , 20~. Notary ublic (Affix Seal) lwy Commission Expires ~~ 1 ~ ~~ . . Type or Printed Name 25 Baker`s Tpanspor~' Service 1DivFSion of Dedicated 7}•aasport, LCC Baker's Transport Service 2740 S. Combee Road Lakeland, FL 33803 Phone: 863.668.9757 Fax: 863.667.2123 www.dedicatedtransport.com Bid #: 09-029/KM Section S. ualifications of Bidders References: Scope of Work: Transportation of Liquid Lime Slurry. Number of Years Contact Name Contact Address iln Business with Water Plant Tarry Martinez, Chief Operator City of Bartow w chief.water cit afbartow.net 450 N. Wilson Ave 10 + 863/534-0159 Bartow, FL 3383D (Current Customer) Marvin Owens, Superintendent owe_nsm@eodb.us City of Daytona Beach 10 { 386/671-8831 p.p, Box 2451 (Current Customer) paytona Beach, FL 32115 Raynetta Grant, Water Resources Dir. raynet#a.~rant@titusvilEe.com City of Titusville 10 ~ 321/383-5650 p,p, Box 2806 Current Customer) Titusville, FL 32781 Rick Davis, Plant Manager davisri@aru~com Gainesville Regional IJtiiities 1D 352/393-6512 P•0. Box 147118, Station A27 (Current Customer) Gainesville, FL 32614 Al;~thorized Drier List: Baker, Richard Davis, Charlie Jenkins, Tim Bveckman, Brian Donohue, Phil Matos, Samue! Bridges, John Fowler, Steve Mendez, Alex Carter, Jim Franco, Lino Mutschler, Steven Colon, Rafael Gorman, Joey Torres, Daniel ~.3~~t~'~ Tr~~spc~r~ ~`~rvs~e L?ivision vt Dedicated TrarrS,part, LLC Transuortation Security Plan Execuirive Summary Summary Dedicated Transport, LLC has had a Transportation Security Plan (Plan) in place since December 1, 2004, the date that the company was formed as the result of the purchase of the assets of the predecessor company Dedicated Transport, Inc. from our former parent company, DistTech, Inc. The current Transportation Security Plan originated from security guidelines that were developed in October 2001 immediately following the September 11, 2001 terxorist attacks in New York City. These guidelines were expanded into afull-fledged Haz-Mat Transportation Security Plan based upon the results of a facility security vulnerability assessment survey that was conducted in July and August of 2003. This plan was developed to comply with the requirements of CFR 171.8. Dedicated Transport, LLC made the decision to refine and implement the Haz-Mat Transportation Secuxity Plan developed by David L. Hartman, the former Dixectox of Safety and Security for DistTech, Inc. Mr. Hartman is currently the Dixector of Safety and Human Resources for Dedicated Transport, LLC. We strongly believe that the current Plan contains the elements necessary to be effective for a dedicated contract motox carrier of oux size and scope. The following paragraphs address the process elements of the security procedures that are currently in place. Physical Security Section II of the Plan addresses the physical security measures that are currently in effect at the facilities where we do business and include requirements to protect both physical locations and the vehicles that the Company uses to transport our customer's products. Section III outlines the measures that the Company uses to minimize/mitigate the risks of theft or tampering with goods while in our care, custody and control. These procedures cover acceptance of loads, loading, methods of communication between drivers and their dispatchers while enroute and routing. Sections II and III speaks to automated systems such as facility alarms and PeopleNet, the in-cab computer/GPS tracking system that is our instant communication Iink to our drivers on the xoad. In addition, we have a strong, documented internal incident reporting system in place that allows both drivers and field supervisors to report and obtain assistance with any incident that may occur at any time. Drivers are trained to report any unusual situation or incident to their supervisor immediately. The supervisor is then required to report the situation to the Director of Safety and Human Resources who will then serve as the point of contact and assistance for all parties involved. At this time, we don't anticipate any major changes to our Transportation Security Plan. Personnel Security Section I addresses our procedures for screening and qualifying both applicants for employment and independent contractors. We believe that our procedures exceed the requirements of CFR Part 391 of the Federal Motor Carrier Safety Administration, especially in the area of investigations and inquiries into the background of driver applicants. We uttlize a two part system in which we obtain information on a driver's motor vehicle record, accident involvement, substance testing history, transportation employment history, criminal history, validity of Social Security Card and a check of previous commercial driver's licenses that a drivex has held from USIS. If a driver meets our minimum standards of qualification as outlined in our policy Minimum Criteria for Employing or Contracting With D.O.T.-Qualified Drivers, we then have a third-parry investigative service conduct an in-depth investigation of an applicant's previous work history, accident involvement, substance testing history, compliance with hours-ot"service regulations and criminal history. We perform a modified version of this procedure with non-CDL applicants. These tools provide the Company with a comprehensive picture of a potential applicant. In addition, because we do occasionally use leased dxivexs, Section I, Paxa~raph C contains our procedures for insuring that any leased driver that we may use is fully qualified under the requirements of CFR Part 391. All employees are made aware of our Transportation Security Plan at the time of hire. Drivers are given mare in-depth security training as part of our new driver orientation process. Violations of the Company's security procedures and standards are dealt with through our progressive disciplinary policy entitled Counseling and Discipline. This policy is found in our Employee Handbook. In addition, our Ethical Conduct and Fraud Prevention policies may also come into play depending an the specific circumstances surrounding a security violation. We believe that we have a comprehensive set of effective and overlapping procedures and policies currently in place to address personnel security. Service Providers As outlined above, we believe that the standards that we have in place are more than adequate to protect both the Company's anal our customers property, conveyances and freight during the transportation cycle with regard to our use of service providers such as independent contractors {owner-operators) and Ieased drivers obtained through driver leasing companies. Dedicated Transport, LLC does not utilize temporary non-CDL class labor in any of its operations. The contact information with regard to the Dedicated Transport, LLC Transportation Security Plan is as follows: David L. Hartman Director of Safety and Human Resources Dedicated Transport, LLC 6551 Grant Ave. CIeveland, OH 44105 216/641-2505 {direct) 2161641-2525 (fax) ~~ I ~ FAGE 3 die .first Sate I, HARRIET SMITH WINDSOR, SECRETARY OF STATE OF THE STATE OF DELAWARE, DO HEREBY CERTIFY "DEDICATED TRANSFORT, LLC" IS DULY FORi~D UNDER THE LAWS OF THE STATE OF DELAWARE AND IS IN GOOD STANDING AND HAS A LEGAL EXISTENCE SO FAR AS THE RECORDS OF THIS OFFICE SHOW, AS OF THE SIXTEENTFI DAY OF OCTOBER, A. D. 2aa8_ AND I DO HEREBY FURTHER CERTIFY THAT THE ANNUAL TAXES HAVE BEEN PAID TO DATE. 3848965 s3aa a8Za44042 Yau may verify this certificate ontxne et carp.delaxare.gov/authver.shtm2 Harriet Smith Windsor, Secretary of State AUTFIENTI CATION: 6915 433 DATE: 1 a-16-a8 ~ b ~~ ~ ~ Q , o o ~ N F' y ~ Z W ~ m V :~ ~ ~ ~ o ~ .; a X N o ~ ~` hi ~ ~ c V1 • p ' N N ~ a. W ~ ~' o Z ~ ,.~... J N ,- .,. ~ ~ ~ N f ~ t w' `~ ~ ~ ', _ ~ (,~ J ~ a ~.. ~.,:, , , ` ~ ~ v~ , o ...J ~~~ , ~ 9 m • ~"' ~ `'~ " ~~t F ~ cs '~ ~ ~` ~ ~ ~ ~: ~~:~ ~ '=~y o ~ o o . . . U C 1 0 ~ z ~ c~ ~ ~ Q°ut°z m z ~ w ¢ ~, N ~ ~ ¢ ~ ~ ~ ~ [s~ ~ OUY ~ ~ ¢ VI ~.L. ~ gz z • li! ' ? r ~ CJ ~ ~ o ~ U ~ a d ¢ ~' a ¢ ~ o C a O ~ 6 F' w .r.. ~ U ,v~ ODOo w zo° ..] . ~ O o w NORM ~" ~ QOm~ ~ Q Y ~~,,,..,....., '~' ' ~' ~Z~Q fA O ~ z g aw ~ ~ U ~ J •. r ~.: ~ ~~ ({~~~r ~~ w j cn o a~ ~ '~ ~ a '-.~ W Q N „i ~ 4 mm T ~ ~ b '~ .~ M ~'~ O m ru ru 4 D 1 ~! Fi'] O m C7 i"tJ t W Q Q ~y pEDITRA-01 WOJA ACORD,,, CERTIFICATE OF LIABILITY INSURANCE °A21~i12oo9 PRODUCER (216} 622-7400 The James B. Oswald Company 1360 East 9th Street, #600 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Cleveland, OH 44114-1730 INSURERS AFFORDING COVERAGE NAIC # INSURED pedicated Transport, LLC INSURERA: State Automobile Mutual ins Co 5135 6551 Grant Avenue INSURER B: Cleveland, OH 44105 INSURER C: INSURER D: INSURER E: ~,vv~icnuw THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR ANY REQUIREMENT , MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. IN R DD POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION 1„114117 5 T GENERAL LIABIIlTY EACH OCCURRENCE $ 1,000,00 A X COMMERCIAL GENERAL LIABILITY PBP2388512-03 61112008 6/112009 PREMISES Ea occurence $ 100,00 CLAIMS MADE ~ OCCUR MED EXP (Any one person) $ 5,00 PERSONAL&ADVINJURY $ 1,DOO,OO GENERAL AGGREGATE $ Z,000,OO GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS- COMPlOP AGG $ 2,000,00 X POLICY PRO LOC AUT OMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,00 A X ANY Auto BAP2168170-02 6/112008 6/1/2009 (Ea accident} ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) HIRED AUTOS 80D1LYINJURY $ NONAW NED AUTOS {per accident) PROPERTY DAMAGE $ (Per aocEdent) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ANY AUTO OTHER THAN ~ ACC $ AUTD ONLY: AGG $ EXCESSIUMBRELLA LIABILITY EACH OCCURRENCE $ OCCUR ~ CLAIMS MADE AGGREGATE $ DEDUCTIBLE $ RETENTION $ $ WC SFATU• OTH- WORKERSCOMPENSATIONAND TORY LIMITS ER EMPLOYERS' LIABILITY E.L. EACH ACCIDENT $ ANY PROPRIETORlPARTNERIEXECUFIVE OFFICER/MEMBER EXCLUDED? E.L. DISEASE - EA EMPLOYE $ If yes, describe under SPECIAL PROVISIONS below E.L. DISEASE - POLIGY LIMIT $ OTHER A Comm'I Cargo pBP2388512-03 611!2008 6/1/2009 $110,1100 Limit $10D,000 Ded q Physical Damage BAP216817D-02 611!2008 61112009 $2s,aoo comrCall Deds ac OESCRIPT[ON OF OPERATIONS! LOCATIONS J VEHICLES! EXCLUSIONS ADDED BY ENDORSEMENT f SPECIAL PROVISIONS Certificate holder is included as additional insured on the General Liability and Auto Liability policies with respect to liability arising out of operations of the named insured. r-nnlr-FI I n 111 ]N VLI~IIf IVll1 V I --'---- ------ SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION Palm Beach County DATE THEREOF, THE ISSUING INSURER WlLL ENDEAVOR TO MAIL 1 O DAYS WRITTEN clo Purchasing pepartment NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE 7o DO 50 SHALL Attention Buyer 50 South Military Trail, Suite 110 IMPOSE NOOBLIGATiONORLUMBILITYOFANYKINDUPONTHEINSURER,ITSAGENTSOR 1 REPRESENTATIVES. West Palm Beach, FL 334 5- AUTHORIZED REPRESENTATNE w~c~' J ~f~'~r-_.w~~. ACORD 25 (2001!08) v na.vrcu ~,vrcrvlcr+l wIr r avv DEDITI7A-09 HOJA IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies} must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsements}. i# SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate balder in lieu of such endorsement(s). [IISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2047!0$) This as 1..G141114aw I.a auo... ....... This certifcate is issued as a matter of information only and confers no rights upon the ce[[iEicate holder. This certificate is not an irutuartce policy and does not affirmatively ar negatively amend, extend, or alter the coverage afforded by the policies listed below. Policy limits are no less than those listed, although policies may include additional sublimits not listed below. Policy limits may be reduced by claims or other a cots. This is to certify that (Name and address of Insured) This voids and supercedes the certiRcate issued on 0 211 612 0 0 9. Dedicated Transport, LLC _ ~~~~ G55 E Grant Ave {.~ ~ Cleveland, OH 44105-5639 ,~u 4E,~,~rM .. .. . . ... . .. ..._. T~_ .__.._..,.e „~r .ova t..,,hP n~rod nnficv(;r l is subiect to all their tetxrts, exclusions and conditions and is, at the issue date oCthrs certtncate, msu is not altered b an re virement, term or or other document with certificate maybe issued. Ex iration e COntlnuouS* Extended X Policy Term Workers Compensation 021451200910210512410 ~ WC2-181-034903-019 General Liability Claims Made OcculTence Retro Date Automobile Liability Owned Non-Owned Hired Limits of Liabili Coverage afforded under WC law of Employers Liability the followingstates: Bodily Injury $y Accident ;;t., cA, K`r, rlv $1,060,000 Each Accident Bodily Injury By Disease $1,000,000 Policy Limit Bodily Injury By Disease $1,000,004 Each Person General Aggregate-Other than Prod/Completed Operations ProductslCompleted Operations Aggregate Bodily Injury and Property Damage Liability Per Occurrence Personal and Advertising Injury Per Person 1 Or aniration Other Liability Other Liability Each Accident -Single Limit - B. I. and P. D. Combined Each Person Each Accident or Occurrence Each Aceident or Occurrence O M M E N T MFORTANT If the certificate holder is an ADDIT[ONAI. INSURED, the poliry(ies} must be endorsed A statement on this cerlif;eate does not confer rights to the certificate holder in ]ieu of such endorsement(s). iC SUBROGATION CS WAIVED, subjeclto the forms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the rerlificate holdtt in lieu of such endorsements. 71re following app]ies onSy with respect to insurance for motor carriers registered in Florida As provided for in Pla Stat § 320.02(Sxe), [he listed insurance policymay not be eanceiledan less than 30 days written notice by the insurer to the Department ofHwy Safety &Motor Vehicles, such 30 days notice to commence from date notice is receivedby Fhe Department Notice afcancellation~. (not applicable unSess a number of days is enteredbelow) . Notice of Cancellation does not apply when policy(ies) aze canceled due tonon-payment of premium. BeCo[e the statedexpiration date the tympany will not cancel or reduce tine insurance alrordedunder the abovepolicies unlit al least 10 days notice of such cancellation has been mailed to the below listed Certificate Holder. pffice: CLEVBLANl), OH Phone: 440-835-530D Certificate Bolder: PALM BEACH COUNTY C/O PURCHASII3G DEPARTMENT 50 SOUTH MILITARY' TRAIL SUITE 110 WEST PALM BEACH, FL 33415 ~~..~~a.%,ti! , JASMINE BAILEY Aatelssaed: 02/27/2009 Prepared By: WL. Board of County Commissioners Jeff Koons, Chairman Burt Aaronson, Vice Chairman Karen T. Marcus Shelley Vana Jess. R. Santamaria Addie L. Greene O ~~~ACH c G a ~ ~ \• ~~• \LOR19/ BOARD OF COUNTY COMMISSIONERS NOTICE OF SOLICITATION BID #09-029/KM County Administrator Robert Weisman Purchasing Department vuww. pbcgov. com/pu r HAULING OF WET LIME SLUDGE, TERM CONTRACT BID OPENING DATE: FEBRUARY 19, 2009 AT 2:00 P.M. It is the responsibility of the bidder to ensure that all pages are included. Therefore, all bidders are advised to closely examine this package. Any questions regarding the completeness of this package should be immediately directed to Palm Beach County Purchasing Department (561) 616-6800. It is requested that all bids be submitted in triplicate, one original and two copies. BIDDERS SHALL SUBMIT, IN A SEALED PACKAGE OR CONTAINER, AT LEAST ONE ORIGINAL, SIGNED IN INK BY AN AGENT OF THE COMPANY HAVING AUTHORITY TO BIND THE COMPANY OR FIRM. FAILURE TO DO SO SHALL BE CAUSE FOR REJECTION OF YOUR BID. Protests can be accepted only during the five (5) business day posting period. CAUTION As they are issued, all amendments to solicitations will be posted under the applicable solicitation on our website at http://www.pbcgov.com/pur. It is the vendor's sole responsibility to routinely check this website for any amendments that may have been issued prior to the deadline for receipt of bids. Palm Beach County shall not be responsible for the completeness of any Invitation for Bid that was not downloaded from the above website or obtained directly from the Purchasing Department. In accordance with the provisions of ADA, this document may be requested in an alternate format. 50 South Military Trail, Suite 110, West Palm Beach, FL 33415-3199 (561) 616-6800 FAX: (561) 616-6811 Page 2 BOARD OF COUNTY COMMISSIONERS Palm Beach County INVITATION FOR BID BID NO: 09-029/KM BID TITLE: Hauling of Wet Lime Sludge, Term Contract PURCHASING DEPARTMENT CONTACT: Kristen A. Monnett, Senior Buyer TELEPHONE NO.: 561-616-6824 FAX NO.: 561-242-6724 EMAIL ADDRESS: kmonnett(a~co.palm-beach.fl.us All bid responses must be received on or before February 19, 2009 ,prior to 2:00 p.m., Palm Beach County local time, at which time all bids shall be publicly opened and read. SUBMIT BID TO: Palm Beach County Purchasing Department, 50 South Military Trail, Suite 110, West Palm Beach, Florida 33415-3199. This Invitation for Bid, General Conditions, Instructions to Bidders, Special Conditions, Specifications, Attachments, Amendments (if issued), and/or any other referenced document form a part of this bid solicitation and response thereto, and by reference are made a part thereof. The selected awardee shall be bound by all terms, conditions and requirements in these documents. PURPOSE AND EFFECT: It is the purpose and intent of this invitation to secure bids for item(s) and/or services as listed herein. The selected awardee is hereby placed on notice that acceptance of its bid by Palm Beach County shall constitute a binding contract. GENERAL CONDITIONS, INSTRUCTIONS AND INFORMATION FOR BIDDERS GENERAL CONDITIONS 1. GENERAL INFORMATION Bidders are advised that this package constitutes the complete set of specifications, terms, and conditions which forms the binding contract between Palm Beach County and the successful bidder. Changes to this invitation for bid may be made only by written amendment issued by the County Purchasing Department. Bidders are further advised to closely examine every section of this document, to ensure that all sequentially numbered pages are present, and to ensure that it is fully understood. Questions or requests for explanations or interpretations of this document must be submitted to the Purchasing Department contact in writing in sufficient time to permit a written response and, if required, will be provided to all prospective bidders, prior to bid opening. Oral explanations or instructions given by any County agent are not binding and should not be interpreted as altering any provision of this document. Bidder certifies that this bid is made without reliance on any oral representations made by the County. The obligations of Palm Beach County under this award are subject to the availability of funds lawfully appropriated for its purpose. b. DISCRIMINATION PROHIBITED: Palm Beach County is committed to assuring equal opportunity in the award of contracts and complies with all laws prohibiting discrimination. The successful bidder is prohibited from discriminating against any employee, applicant, or client because of race, color, religion, disability, sex, age, national origin, ancestry, marital status, sexual orientation, or gender identity and expression. c. INDEPENDENT CONTRACTOR RELATIONSHIP: The successful bidder is, and shall be, in the performance of all work, services, and activities under this Contract, an Independent Contractor and not an employee, agent, or servant of the COUNTY. All persons engaged in any of the work or services performed pursuant to this Contract shall at all times, and in all places, be subject to the successful bidder's sole direction, supervision, and control. The successful bidder shall exercise control over the means and manner in which it and its employees perform the work, and in all respects the successful bidder's relationship, and the relationship of its employees, to the COUNTY shall be that of an Independent Contractor and not as employees or agents of the COUNTY. 2. LEGAL REQUIREMENTS a. COMPLIANCE WITH LAWS AND CODES: Federal, State, County and local laws, ordinances, rules and regulations that in any manner affect the items covered herein apply. Lack of knowledge by the bidder shall in no way be a cause for relief from responsibility. The successful bidder shall strictly comply with Federal, State and local building and safety codes. Equipment shall meet all State and Federal Safety regulations. Bidder certifies that all products (materials, equipment, processes, or other items supplied in response to this bid) contained in its bid meets all ANSI, NFPA and all other Federal and State requirements. Bidder further certifies that, if it is the successful bidder, and the product delivered is subsequently found to be deficient in any of the aforementioned requirements in effect on date of delivery, all costs necessary to bring the product into compliance shall be borne by the bidder. In compliance with Chapter 442, Florida Statutes, any toxic substance resulting from this bid shall be accompanied by a properly completed Material Safety Data Sheet (MSDS). The Uniform Commercial Code (Florida Statutes, Chapter 672) shall prevail as the basis for contractual obligations between the successful bidder and Palm Beach County for any terms and conditions not specifically stated in the Invitation for Bid. d. CRIMINAL HISTORY RECORDS CHECK ORDINANCE: Pursuant to Ordinance 2003-030, the Palm Beach County Criminal History Records Check Ordinance ("Ordinance"), the County shall conduct fingerprint based criminal history record checks on all persons not employed by the County who repair, deliver, or provide goods or services for, to, or on behalf of the County. A fingerprint based criminal history record check shall be conducted on all employees and subcontractors of vendors, including repair persons and delivery persons, who are unescorted when entering a facility determined to be critical to the public safety and security of the County. County facilities that require this heightened level of security are identified in Resolution R-2003-1274, as may be amended. The bidder is solely responsible for understanding the financial, schedule, and staffing implications of this Ordinance. Further, the bidder acknowledges that its bid price includes any and all direct or indirect costs associated with compliance of this Ordinance, except for the applicable FDLE/FBI fees that shall be paid by the County. e. PUBLIC ENTITY CRIMES: F.S. 287.133 requires Palm Beach County to notify all bidders of the following: "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 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 Page 3 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 F.S. 287.017 for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list." f. NON-COLLUSION: Bidder certifies that it has entered into no agreement to commit a fraudulent, deceitful, unlawful, or wrongful act, or any act which may result in unfair advantage for one or more bidders over other bidders. Conviction for the Commission of any fraud or act of collusion in connection with any sale, bid, quotation, proposal or other act incident to doing business with Palm Beach County may result in permanent debarment. No premiums, rebates or gratuities are permitted; either with, prior to or after any delivery of material or provision of services. Any such violation may result in award cancellation, return of materials, discontinuation of services, removal from the vendor bid list(s), and/or debarment or suspension from doing business with Palm Beach County. 9• LOBBYING: Bidders are advised that the "Palm Beach County Lobbyist Registration Ordinance" prohibits a bidder or anyone representing the bidder from communicating with any County Commissioner, County Commissioner's staff, or any employee authorized to act on behalf of the Commission to award a particular contract regarding its bid, i.e., a "Cone of Silence". The "Cone of Silence" is in effect from the date/time of the deadline for submission of the bid, and terminates at the time that the Board of County Commissioners, or a County Department authorized to act on their behalf, awards or approves a contract, rejects all bids, or otherwise takes action which ends the solicitation process. Bidders may, however, contact any County Commissioner, County Commissioner's staff, or any employee authorized to act on behalf of the Commission to award a particular contract, via written communication i.e., facsimile, e-mail or U.S. mail. Violations of the "Cone of Silence" are punishable by a fine of $250.00 per violation. h. CONFLICT OF INTEREST: All bidders shall disclose with their bid the name of any officer, director, or agent who is also an employee or a relative of an employee of Palm Beach County. Further, all bidders shall disclose the name of any County employee or relative of a County employee who owns, directly or indirectly, an interest of ten percent or more in the bidder's firm or any of its branches. i. SUCCESSORS AND ASSIGNS: The County and the successful bidder each binds itself and its successors and assigns to the other party in respect to all provisions of this Contract. Neither the County nor the successful bidder shall assign, sublet, convey or transfer its interest in this Contract without the prior written consent of the other. INDEMNIFICATION: Regardless of the coverage provided by any insurance, the successful bidder shall indemnify, save harmless and defend the County, its agents, servants, or employees from and against any and all claims, liability, losses and/or causes of action which may arise from any negligent act or omission of the successful bidder, its subcontractors, agents, servants or employees during the course of performing services or caused by the goods provided pursuant to these bid documents and/or resultant contract. k. PUBLIC RECORDS: Any material submitted in response to this invitation for bid is considered a public document in accordance with Section 119.07, F.S. This includes material which the responding bidder might consider to be confidential or a trade secret. Any claim of confidentiality is waived upon submission, effective after opening pursuant to Section 119.07, F.S. INCORPORATION, PRECEDENCE, JURISDICTION: This Invitation for Bid shall be included and incorporated in the final award. The order of contractual precedence shall be the bid document (original terms and conditions), bid response, and purchase order or term contract order. Any and all legal action necessary to enforce the award or the resultant contract shall be held in Palm Beach County and the contractual obligations shall be interpreted according to the laws of Florida. m. LEGAL EXPENSES: The County shall not be liable to a bidder for any legal fees, court costs, or other legal expenses arising from the interpretation or enforcement of this contract, or from any other matter generated by or relating to this contract. 3. BID SUBMISSION a. SUBMISSION OF RESPONSES: All bid responses must be submitted on the provided Invitation for Bid "Response" Form. Bid responses on vendor letterhead/quotation forms shall not be accepted. Responses must be typewritten or written in ink, and must be signed in ink by an agent of the company having authority to bind the company or firm. FAILURE TO SIGN THE BID RESPONSE FORM AT THE INDICATED PLACES SHALL BE CAUSE FOR REJECTION OF THE BID. Bid responses are to be submitted to the Palm Beach County Purchasing Department no later than the time indicated on the solicitation preamble, and must be submitted in a sealed envelope or container, which should have the enclosed address label affixed and bearing the bid number. b. CERTIFICATIONS, LICENSES AND PERMITS: Unless otherwise directed in sub-paragraph d. (Local Preference) or the Special Conditions of this bid, bidder should include with its bid a copy of all applicable Certificates of Competency issued by the State of Florida or the Palm Beach County Construction Industry Licensing Board in the name of the bidder shown on the bid response page. It shall also be the responsibility of the successful bidder to submit, prior to commencement of work, a current Local Business Tax Receipt (Occupational License) for Palm Beach County and all permits required to complete this contractual service at no additional cost to Palm Beach County. A Palm Beach County Local Business Tax Receipt (Occupational License) is required unless specifically exempted by law. In lieu of a Palm Beach County Local Business Tax Receipt (Occupational License), the bidder should include the current Local Business Tax Receipt (Occupational License) issued to the bidder in the response. It is the responsibility of the successful bidder to ensure that all required certifications, licenses and permits are maintained in force and current throughout the term of the contract. Failure to meet this requirement shall be considered default of contract. c. SBE BID DOCUMENT LANGUAGE Item 1 - Policy It is the policy of the Board of County Commissioners of Palm Beach County, Florida, that SBE(s) have the maximum practical opportunity to participate in the competitive process of supplying goods and services to the County. To that end, the Board of County Commissioners established the Small Business Enterprise Program, which sets forth the County's requirements for the SBE program, and are incorporated in this solicitation. Compliance with the requirements contained in this section shall result in a bidder being deemed responsive to SBE requirements. The provisions of this Ordinance are applicable to this solicitation, and shall have precedence over the provisions of this solicitation in the event of a conflict. Although preferences will not be extended to certified M/WBEs, unless otherwise provided by law, businesses eligible for certification as an M/WBE are encouraged to maintain their certification in order to assist in the tracking of M/WBE availability and awards of contracts to M/WBEs. This information is vital to determining whether race and gender neutral programs assist M/WBE firms or whether race and gender preferences are necessary in order to address any continued discrimination in the market. Item 2 -SBE Goals The County has established a minimum goal of 15% SBE participation for all County solicitations. This goal is a minimum, and no rounding shall be accepted. Item 3 - Rankina of Responsive Bidders Bidders who meet the SBE goal shall be deemed to be responsive to the SBE requirement. When evaluating competitive bids of up to one million dollars ($1,000,000) in which the apparent low bidder is determined to be non-responsive to the SBE requirement, the contract Page 4 shall be awarded to the low bidder responsive to the SBE requirement, or, in the event there are no bidders responsive to the SBE requirement, to the bidder with the greatest SBE participation in excess of seven percent (7%) participation, as long as the bid does not exceed the low bid amount by ten percent (10%). 6.5 The County or Prime may count toward its SBE goal the entire expenditures for materials and equipment purchased by an SBE subcontractor, provided that the SBE subcontractor has the responsibility for the installation of the purchased materials and equipment. In cases where the low bid exceeds one million dollars ($1,000,000), the contract shall be awarded to the low bidder responsive to the SBE requirements, or, in the event there are no bidders responsive to the SBE requirements, to the bidder with the greatest SBE participation in excess of seven percent (7%) participation, provided that such bid does not exceed the low bid otherwise responsive to the bid requirements by more than one hundred thousand dollars ($100,000) plus three percent (3%) of the total bid in excess of one million dollars ($1,000,000). Item 4 -Bid Submission Documentation SBE bidders, bidding as prime contractors, are advised that they must complete Schedule 1 listing the work to be performed by their own workforce as well as the work to be performed by any SBE or M/WBE subcontractor. Failure to include this information on Schedule 1 will result in the participation by the SBE prime bidders own workforce NOT being counted towards meeting the SBE goal. This requirement applies even if the SBE contractor intends to perform 100% of the work with their own workforce. Bidders are required to submit with their bid the appropriate SBE-M/WBE schedules in order to be deemed responsive to the SBE requirements. SBE-M/WBE documentation to be submitted is as follows: Schedule 1 - List of Proposed SBE and M/WBE Prime Subcontractors This list shall contain the names of all SBE and M/WBE subcontractors intended to be used in performance of the contract, if awarded. The type of work to be performed by each subcontractor and the dollar value or percentage shall also be specified. This schedule shall also be used if an SBE prime bidder is utilizing ANY subcontractors. Schedule(sl 2 - Letter(sl of Intent to Perform as an SBE or M/VVBE Subcontractor One Schedule 2 for each SBE and M/WBE Subcontractor listed on Schedule 1 shall be completed and executed by the proposed SBE and M/WBE Subcontractor. Additional copies may be made as needed. Item 5 -SBE Certification Only those firms certified by Palm Beach County at the time of bid opening shall be counted toward the established SBE goals. Upon receipt of a complete application, IT TAKES UP TO SIXTY (60) DAYS TO BECOME CERTIFIED AS AN SBE WITH PALM BEACH COUNTY. It is the responsibility of the bidder to confirm the certification of any proposed SBE; therefore, it is recommended that bidders contact the OSBA at (561) 616-6840 to verify certification. Item 6 - Counting SBE Participation (and M/WBE Participation for Tracking Purposes) 6.1 Once a firm is determined to be an eligible SBE according to the Palm Beach County certification procedures, the County or the Prime may count toward its SBE goals only that portion of the total dollar value of a contract performed by the SBE. 6.2 The total dollar value of a contract with an eligible SBE may be counted toward the goal. 6.3 The County may count toward its SBE goals the total value of a contract awarded to an eligible SBE firm that subsequently is decertified or whose certification has expired after a contract award date or during the performance of the contract. 6.4 The County or Prime may count toward its SBE goal a portion of the total dollar value of a contract with a joint venture, eligible under the standards for certification, equal to the percentage of the ownership and control of the SBE partner in the joint venture. 6.6 The County or Prime may count the entire expenditure to an SBE manufacturer (i.e., a supplier that produces goods from raw materials or substantially alters the goods before resale). 6.7 The County or Prime may count sixty percent (60%) of its expenditure to SBE suppliers that are not manufacturers. 6.8 The County or Prime may count toward its SBE goal second and third tiered SBE subcontractors, provided that the Prime identifies the SBE subcontractors as second and third tier subs in their bid submittal. Item 7 -Responsibilities After Contract Award All bidders hereby assure that they shall meet the SBE participation percentages submitted in their respective bids with the subcontractors contained on Schedules 1 & 2 and at the dollar values specified. Bidders agree to provide any additional information requested by the County to substantiate participation. The successful bidder shall submit an SBE-M/WBE Activity Form (Schedule 3) and SBE-M/WBE Payment Certification Forms (Schedule 4) with each payment application. Failure to provide these forms may result in a delay in processing payment or disapproval of the invoice until they are submitted. The SBE-M/WBE Activity Form is to be filled out by the Prime Contractor and the SBE-M/WBE Payment Certification Forms are to be executed by the SBE or M/WBE firm to verify receipt of payment. Item 8 -SBE Substitutions After contract award, the successful bidder shall only be permitted to replace a certified SBE subcontractor who is unwilling or unable to perform. Such substitution must be done with other certified SBEs in order to maintain the SBE percentages submitted with the bid. Requests for substitutions must be submitted to the Department issuing the bid and the OSBA. Note: Where there is a conflict between the Local Preference Ordinance and the SBE Ordinance, the SBE Ordinance shall prevail. d. LOCAL PREFERENCE: In accordance with the Palm Beach County Local Preference Ordinance, a preference will be given to bidders who have a permanent place of business in Palm Beach County and who hold a valid Local Business Tax Receipt (Occupational License) issued by the County that authorizes the bidder to provide the goods or services to be purchased. Local preference means that if the lowest responsive, responsible bidder is a regional or non-local business, then all bids received from responsive, responsible local bidders are decreased by 5%. The original bid amount is not changed; the 5% decrease is calculated only for the purposes of determining local preference. To receive a local preference, a bidder must have a permanent place of business in existence prlOr to the County's issuance of this Notice of Solicitation/Invitation for Bid. Prior to the County's issuance means the date that the Notice of Solicitation/Invitation for Bid was advertised in the Palm Beach Post. A permanent place of business means that the bidder's headquarters is located in Palm Beach County; or, the bidder has a permanent office or other site in Palm Beach County where the bidder will produce a substantial portion of the goods or services to be purchased. A valid Local Business Tax Receipt (Occupational License) issued by the Palm Beach County Tax Collector shall be used to verify that the bidder had a permanent place of business prior to the issuance of this Notice of Solicitation/Invitation for Bid. A Palm Beach County Local Business Tax Receipt (Occupational License) is required unless specifically exempted by law. In lieu of a Palm Beach County Local Business Tax Receipt (Occupational License), the bidder should include the current Local Business Tax Receipt (Occupational License) issued to the bidder in the response. Please note that the bid submitted to Palm Beach County must be from an address located within Palm Beach County in order for local preference to apply. The bidder must submit the attached "Certification of Business Location" at the time of bid submission. Failure to submit this information shall Page 5 cause the bidder to not receive a local preference. Palm Beach County may require a bidder to provide additional information for clarification purposes at any time prior to the award of the contract. e. DRUG FREE WORKPLACE CERTIFICATION: In compliance with Florida Statute (Section 287.087) attached form "Drug-Free Workplace Certification" should be fully executed and submitted with bid response in order to be considered for a preference whenever two (2) or more bids which are equal with respect to price, quality, and service are received by Palm Beach County. f. CONDITIONED OFFERS: Bidders are cautioned that any condition, qualification, provision, or comment in their bid, or in other correspondence transmitted with their bid, which in any way modifies, takes exception to, or is inconsistent with the specifications, requirements, or any of the terms, conditions, or provisions of this solicitation, is sufficient cause for the rejection of their bid as non- responsive. line items. Fair market price shall be determined based on industry standards, comparable bids or offers, existing contracts, or other means of establishing a range of current prices for which the line items may be obtained in the market place. The determination of whether a particular offer or bid is materially unbalanced shall be made in writing by the Purchasing Director, citing the basis for the determination. NON-EXCLUSIVE: The County reserves the right to acquire some or all of these goods and services through a State of Florida contract under the provisions of Section 287.042, Florida Statutes, provided the State of Florida contract offers a lower price for the same goods and services. This reservation applies both to the initial award of this solicitation and to acquisition after a term contract may be awarded. Additionally, Palm Beach County reserves the right to award other contracts for goods and services falling within the scope of this solicitation and resultant contract when the specifications differ from this solicitation or resultant contract, or for goods and services specified in this solicitation when the scope substantially differs from this solicitation or resultant contract. g. PRICING: (1) Prices offered must be the price for new merchandise and free from defect. Unless specifically requested in the bid specifications, any bids containing modifying or escalation clauses shall be rejected. (2) The price offered must be in accordance with the unit of measure provided on the bid response page(s). One (1) space or line requires only one (1) single, fixed unit price. Anything other than a single, fixed unit price shall result in the rejection of your bid. (3) Bidder warrants by virtue of bidding that prices shall remain firm for a period of ninety (90) days from the date of bid opening to allow for evaluation and award. (4) Bidder warrants by virtue of bidding that prices shall remain firm for the initial and any subsequent term unless modified by a special condition. (5) In the event of mathematical error(s), the unit price shall prevail and the bidder's total offer shall be corrected accordingly. BIDS HAVING ERASURES OR CORRECTIONS MUST BE INITIALED IN INK BY THE BIDDER PRIOR TO BID OPENING. IF THE CORRECTION IS NOT PROPERLY INITIALED, OR IF THE INTENT OR LEGIBILITY OF THE CORRECTION IS NOT CLEAR, THE BID SHALL BE REJECTED. (6) Bidders may offer a cash discount for prompt payment. However, such discounts shall not be considered in determining the lowest net cost for bid evaluation purposes unless otherwise specified in the special conditions. Bidders should reflect any discounts to be considered in the unit prices bid. h. SUBMITTING NO BID or NO CHARGE: Bidders not wishing to bid on some items sought by this solicitation should mark those items as "no bid." If some items are to be offered at no charge, bidders should mark those items as "no charge." Items left blank shall be considered a "no bid" for that item, and the bid shall be evaluated accordingly. Bidders who do not wish to submit bids on any item in this solicitation, should return a "Statement of No Bid" in an envelope plainly marked with the bid number and marked "NO BID." ACCEPTANCE/REJECTION OF BIDS: Palm Beach County reserves the right to accept or to reject any or all bids. Palm Beach County also reserves the right to (1) waive any non-substantive irregularities and technicalities; (2) reject the bid of any bidder who has previously failed in the proper performance of a contract of a similar nature, who has been suspended or debarred by another governmental entity, or who is not in a position to perform properly under this award; and (3) inspect all facilities of bidders in order to make a determination as to its ability to perform. Palm Beach County reserves the right to reject any offer or bid if the prices for any line items or subline items are materially unbalanced. An offer is materially unbalanced if it is mathematically unbalanced, and if there is reason to believe that the offer would not result in the lowest overall cost to the County, even though it is the lowest evaluated offer. An offer is mathematically unbalanced if it is based on prices which are significantly less than fair market price for some bid line item and significantly greater than fair market price for other bid k. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES: Palm Beach County encourages and agrees to the successful bidder extending the pricing, terms and conditions of this solicitation or resultant contract to other governmental entities at the discretion of the successful bidder. PERFORMANCE DURING EMERGENCY: By submitting a bid, bidder agrees and promises that, during and after a public emergency, disaster, hurricane, flood, or acts of God, Palm Beach County shall be given "first priority" for all goods and services under this contract. Bidder agrees to provide all goods and services to Palm Beach County during and after the emergency at the terms, conditions, and prices as provided in this solicitation on a "first priority" basis. Bidder shall furnish a 24-hour phone number to the County in the event of such an emergency. Failure to provide the stated priority during and after an emergency shall constitute breach of contract and make the bidder subject to sanctions from doing further business with the County. m. SALES PROMOTIONS / PRICE REDUCTIONS: Should sales promotions occur during the term of the contract that lower the price of the procured item, the successful bidder shall extend to the County the lower price offered by the manufacturer on any such promotional item. Further, any price decreases effectuated during the contract period by reason of market change or otherwise, shall be passed on to Palm Beach County. 4. BID OPENING/AWARD OF BID a. OBSERVING THE PUBLISHED BID OPENING TIME: The published bid opening time shall be scrupulously observed. It is the sole responsibility of the bidder to ensure that their bid arrives in the Purchasing Department prior to the published bid opening time. Any bid delivered after the precise time of bid opening shall not be considered, and shall be returned to the bidder unopened if bidder identification is possible without opening. Bid responses by telephone, electronics, or facsimile shall not be accepted. Bidders shall not be allowed to modify their bids after the published bid opening time. b. POSTING OF AWARD RECOMMENDATION: Recommended awards shall be publicly posted for review, at the Purchasing Department prior to final approval, and shall remain posted for a period of five (5) business days. Bidders desiring a copy of the bid posting summary may request same by enclosing aself-addressed, stamped envelope with their bid. (NOTE: As a service to bidders, the County provides an unofficial list of award postings on our web site at www.pbcgov.com/pur and on our bid hot-line, telephone 561-795- 8080. These listings are updated weekly, normally on Friday. If any discrepancy between these listings and the official posting in the Purchasing Department, the latter shall prevail.) c. PROTEST PROCEDURE: Protest procedures are provided in the Palm Beach County Purchasing Code. Protests must be submitted in writing, addressed to the Director of Purchasing, via hand delivery, mail or fax to 561/242-6705. Protest must identify the solicitation, specify the basis for the protest, and be received by the Purchasing Department within five (5) business days of the posting date of the recommended award. The protest is considered filed when it is received by the Purchasing Department. Failure to file protest as Page 6 outlined in the Palm Beach County Purchasing Code shall constitute a waiver of proceedings under the referenced County Code. 5. CONTRACT ADMINISTRATION a. DELIVERY AND ACCEPTANCE: Deliveries of all items shall be made as soon as possible. Deliveries resulting from this bid are to be made during the normal working hours of the County. Time is of the essence and delivery dates must be met. Should the successful bidder fail to deliver on or before the stated dates, the County reserves the right to CANCEL the order or contract and make the purchase elsewhere. The successful bidder shall be responsible for making any and all claims against carriers for missing or damaged items. Unless directed differently in the notice of termination, the successful bidder shall incur no further obligations in connection with the terminated work, and shall stop work to the extent specified and on the date given in the notice of termination. Additionally, unless directed differently, the successful bidder shall terminate outstanding orders and/or subcontracts related to the terminated work. THIS IS THE END OF "GENERAL CONDITIONS." Delivered items shall not be considered "accepted" until an authorized agent for Palm Beach County has, by inspection or test of such items, determined that they appear to fully comply with specifications. The Board of County Commissioners may return, at the expense of the successful bidder and for full credit, any item(s) received which fail to meet the County's specifications or performance standards. b. FEDERAL AND STATE TAX: Palm Beach County is exempt from Federal and State taxes. The authorized agent for Purchasing shall provide an exemption certificate to the successful bidder, upon request. Successful bidders are not exempted from paying sales tax to their suppliers for materials to fulfill contractual obligations with the County, nor are successful bidders authorized to use the County's Tax Exemption Number in securing such materials. c. PAYMENT: Payment shall be made by the County after commodities/services have been received, accepted and properly invoiced as indicated in the contract and/or order. Invoices must bear the order number. The Florida Prompt Payment Act is applicable to this solicitation. d. CHANGES: The Director of Purchasing, Palm Beach County, by written notification to the successful bidder may make minor changes to the contract terms. Minor changes are defined as modifications which do not significantly alter the scope, nature, or price of the specified goods or services. Typical minor changes include, but are not limited to, place of delivery, method of shipment, minor revisions to customized work specifications, and administration of the contract. The successful bidder shall not amend any provision of the contract without written notification to the Director of Purchasing, and written acceptance from the Director of Purchasing or the Board of County Commissioners. e. DEFAULT: The County may, by written notice of default to the successful bidder, terminate the contract in whole or in part if the successful bidder fails to satisfactorily perform any provisions of this solicitation or resultant contract, or fails to make progress so as to endanger performance under the terms and conditions of this solicitation or resultant contract, or provides repeated non- performance, or does not remedy such failure within a period of 10 days (or such period as the Director of Purchasing may authorize in writing) after receipt of notice from the Director of Purchasing specifying such failure. In the event the County terminates this contract in whole or in part because of default of the successful bidder, the County may procure goods and/or services similar to those terminated, and the successful bidder shall be liable for any excess costs incurred due to this action. If it is determined that the successful bidder was not in default or that the default was excusable (e.g., failure due to causes beyond the control of, or without the fault or negligence of, the successful bidder), the rights and obligations of the parties shall be those provided in Section 5f, "Termination for Convenience." TERMINATION FOR CONVENIENCE: The Director of Purchasing may, whenever the interests of the County so require, terminate the contract, in whole or in part, for the convenience of the County. The Director of Purchasing shall give five (5) days prior written notice of termination to the successful bidder, specifying the portions of the contract to be terminated and when the termination is to become effective. If only portions of the contract are terminated, the successful bidder has the right to withdraw, without adverse action, from the entire contract. Page 7 SPECIAL CONDITIONS 6. GENERAL/SPECIAL CONDITION PRECEDENCE In the event of conflict between General Conditions and Special Conditions, the provisions of the Special Conditions shall have precedence. 7. POST AWARD MEETING Within five 5 days after receipt of notification of award of bid, successful bidder shall meet with the Water Utilities representative to discuss job procedures and scheduling. The successful bidder shall contact James C. Stiles, Water Treatment Plant Manager at (561) 493-6109 to arrange meeting. 8. QUALIFICATION OF BIDDERS This bid shall be awarded only to a responsive and responsible bidder, qualified to provide the service specified. The bidder shall, upon request, promptly furnish the County sufficient evidence in order to confirm a satisfactory performance record. Such information may include an adequate financial statement of resources, the ability to comply with required or proposed delivery or performance schedule, a satisfactory record of integrity and business ethics, the necessary organization, experience, accounting and operation controls, and technical skills, and be otherwise qualified and eligible to receive an award under applicable laws and regulations. The bidder should submit the following information with their bid response; however, if not included, it shall be the responsibility of the bidder to submit all evidence, as solicited, within a time frame specified by the County (normally within two working days of request). Failure of a bidder to provide the required information within the specified time frame is considered sufficient cause for rejection of their bid. Information submitted with a previous bid shall not satisfy this provision. • List a minimum of two 2 references in which similar services have been provided within the past three 3 years including scope of work, contact names, addresses, telephone numbers and dates of service. A contact person shall be someone who has personal knowledge of the bidder's performance for the specific requirement listed. Contact person must have been informed that they are being used as a reference and that the County may be calling them. DO NOT list persons who are unable to answer specific questions regarding the requirement. • Successful bidder shall provide on company letterhead, the names of ALL drivers seeking entrance to Palm Beach County Water Utilities Department (PBCWUD) Water Treatment Plants. This document shall be kept on file at each water treatment plant facility in order for drivers to be granted admission. PBCWUD Water Treatment Plants are Controlled Access facilities, twenty-four hours per day, seven (7) days per week ("24/7"). 9. CRIMINAL HISTORY RECORDS CHECK This solicitation includes sites and/or buildings which have been designated as "critical facilities" pursuant to Ordinance 2003- 030 and Resolution R-2003-1274, as may be amended. Therefore, prior to the award of any contract, the recommended awardee(s) must comply with all the requirements of this solicitation, i.e. Criminal History Records Check Ordinance. County staff representing the user Department will contact the recommended awardee(s) and provide additional instructions for meeting the requirements of this Ordinance. A contract shall not be awarded unless the recommended awardee meets the requirements established by the Electronic Services and Security Division of the Facilities Development and Operations Department. 10. AWARD (ALL-OR-NONE) Palm Beach County shall award this bid to the lowest, responsive, responsible bidder on an all-or-none, total offer basis based on the total factored rate. 11. METHOD OF ORDERING (TERM CONTRACT) A contract shall be issued for a term of twelve (12) months or until the estimated amount is expended, at the discretion of the County. The County will order on an "as needed" basis. Page 8 12. TIME FOR COMPLETION /DELIVERY If the successful bidder fails, or refuses to perform the services specified and in the specified time frame, the successful bidder does hereby agree to fully reimburse Palm Beach County the amount required to have the service performed by another vendor or to fully reimburse Palm Beach County for equipment rental fees and personnel time to complete services by Palm Beach County Water Utilities Department personnel. It shall be the sole decision of the County to determine which method to use should it be necessary to invoke the provisions of this paragraph. 13. CURRENT PICK UP LOCATIONS A. Water Treatment Plant #2 2956 Pinehurst Drive West Palm Beach, FL 33467 Contact Superintendent: Patti Brock (561) 493-6261 B. Water Treatment Plant #8 1500 Jog Road West Palm Beach, FL 33415 Contact Superintendent: Tim McAleer (561) 493-6180 14. ADDITION /DELETION OF LOCATIONS Palm Beach County reserves the right to add or delete delivery locations to this contract at its sole discretion 15. QUANTITY The quantities shown are estimated. Palm Beach County reserves the right to increase or decrease the total quantities as necessary to meet actual requirements. Unless stipulated otherwise, Palm Beach County will accept NO minimum order requirements. Additionally, bidders are cautioned to bid in accordance with the unit specified on the bid response page. 16. RENEWAL OPTION WITH ESCALATOR The successful bidder shall be awarded a contract for twelve (12) months with the option to renew for four (4) additional twelve (12) month periods. Prices shall remain firm for the initial twelve (12) month period. The option for renewal shall only be exercised upon mutual written agreement with all original terms and conditions adhered to with no deviations. At the beginning of each of the four (4) twelve (12) month option periods, the County may consider a single annual price adjustment to the unit price(s) based on the U.S. Department of Labor, Bureau of Labor Statistics Consumer Price Index (CPI-U, All Items, Not Seasonally Adjusted (NSA)). The website is http://www.bls.gov/cpi/home.htm. At the County's sole discretion, this annual adjustment shall be calculated by using the appropriate annual percentage as provided by the Bureau of Labor Statistics not more than 120 days nor less than 30 days prior to the first day of the renewal term. NOTE: For accounting purposes only, the CPI-U increase will be carried out two (2) decimal points when determining the increase to the unit prices. Any renewal including subsequent price adjustments shall be subject to the appropriation of funds by the Board of County Commissioners. 17. WORK SITE SAFETY/SECURITY The successful bidder shall at all times guard against damage or loss to the property of Palm Beach County, the bidder's own property, and/or that of other contractors, and shall be held responsible for replacing or repairing any such loss or damage. When applicable, the successful bidder shall provide fences, signs, barricades, flashing lights, etc. necessary to protect and secure the work site(s) and insure that all County, State of Florida, OSHA, and other applicable safety regulations are met. Additionally, successful bidder shall provide for the prompt removal of all debris from Palm Beach County property. Palm Beach County may withhold payment or make such deductions as deemed necessary to ensure reimbursement or replacement for loss or damage to property through negligence of the successful bidder or its agents. Page 9 18. INSURANCE REQUIRED It shall be the responsibility of the successful bidder to provide evidence of the following minimum amounts of insurance coverage to Palm Beach County, c/o Purchasing Department, Attention Buyer, 50 South Military Trail, Suite 110, West Palm Beach, Florida 33415. During the term of the Contract and prior to each subsequent renewal thereof, the successful bidder shall provide this evidence to the County prior to the expiration date of each and every insurance required herein. Commercial General Liability Insurance. Successful bidder shall maintain Commercial General Liability Insurance, or similar form, at a limit of liability not less than $500,000 Each Occurrence for Bodily Injury, Personal Injury and Property Damage Liability. Coverage shall include Premises and/or Operations, Independent Contractors, Products and/or Completed Operations, Personal Injury/Advertising Liability, Contractual Liability and Broad Form Property Damage coverages. Coverage for the hazards of explosion, collapse and underground property damage (X-C-U) must also be included when applicable to the work to be performed. This coverage shall be endorsed to include Palm Beach County as an Additional Insured. Business Auto Liability with Pollution Liability Endorsements. Successful bidder shall agree to maintain Business Automobile Liability, including the MCS-90 Motor Carrier Act Endorsement and/or CA 99 48 Pollution Liability -Broadened Coverage for Covered Autos -Business Auto, Motor Carrier and Truckers Coverage Forms Endorsement, at a minimum limit not less than $500,000 per occurrence providing coverage for damages against such third-party liability, remediation and defense costs. In the event the policy includes aself-insured retention or deductible in excess of $100,000, the County reserves the right, but not the obligation, to review and request a copy of the successful bidder's most recent annual report or audited financial statements. The policy shall be endorsed to include "Palm Beach County Board of County Commissioners, a Political Subdivision of the State of Florida, its Officers, Employees and Agents as Additional Insured. Workers' Compensation and Employer's Liability Insurance. Successful bidder shall maintain Workers' Compensation & Employer's Liability Insurance in accordance with Florida Statute Chapter 440. A signed Certificate or Certificates of Insurance, evidencing that required insurance coverages have been procured by the successful bidder in the types and amounts required hereunder shall be transmitted to the County via the Insurance Company/Agent within a time frame specified by the County (normally within 2 working days of request). Failure to provide required insurance shall render your bid non responsive. Except as to Business Auto, Workers' Compensation and Employer's Liability (and Professional liability, when applicable), said Certificate(s) shall clearly confirm that coverage required by the contract has been endorsed to include Palm Beach County as an Additional Insured. Further, said Certificate(s) shall endeavor to provide ten (10) days written notice to County prior to any adverse change, cancellation or non-renewal of coverage there under. It is the responsibility of the successful bidder to ensure that all required insurance coverages are maintained in force throughout the term of the contract. Failure to maintain the required insurance shall be considered default of contract. Successful bidder shall agree to provide the County with at least ten (10) days prior notice of any cancellation, non-renewal or material change to the insurance coverages. All insurance must be acceptable to and approved by County as to form, types of coverage and acceptability of the insurers providing coverage. Bidder shall agree that all insurance coverage required herein shall be provided by Bidder to County on a primary basis Page 10 SPECIFICATIONS BID #09-029/KM HAULING OF WET LIME SLUDGE, TERM CONTRACT PURPOSE AND INTENT: The sole purpose and intent of the Invitation for Bid (IFB) is to secure firm, fixed pricing, and establish a term contract for the hauling of wet lime sludge for various Water Utility locations. GENERAL: Palm Beach County Water Utilities Department (PBCWUD) Water Treatment Plants generate lime sludge during the water treatment process. SCOPE OF WORK: Successful bidder shall pick-up wet lime sludge from the designated PBCWUD Water Treatment Plants, and deliver to the County designated site at Orlando Utilities Commission or other County designated approved disposal site. SUCCESSFUL BIDDER'S RESPONSIBILITIES: 1. Lime sludge shall be hauled in clean tank trucks free of any contaminates. 2. The quality of PBCWUD lime sludge must remain high for the intended end use, ie. density (35% solids) and contaminate free. Tankers used for hauling wet lime sludge shall be "dedicated" for this purpose only; ie. no back- hauling of material that may contain contaminates. 3. Successful bidder shall be capable of hauling the estimated minimum and maximum tons per day (5-20). 4. Due to settling, there shall be a minimum of seventy-five (75) minutes between loads. Trucks shall not be scheduled for loading less than ninety (90) minutes apart. 5. Drivers shall clean up any spillage occurring during loading. If the driver finds spillage left by the previous driver, this shall be reported to the successful bidder's dispatcher. 6. It is the responsibility of the successful bidder to adhere to all rules and procedures at the receiving point of the wet lime sludge. PAYMENT: The unit price offered for the pick-up of wet lime sludge shall include, but not be limited to, tools, equipment, personnel, materials, travel to the pick-up site, mobilization, demobilization and any/all incidental expenses as may arise from this service. The unit price paid for mileage shall begin at departure from WUD locations to Orlando Utilities Commission or other County designated approved disposal site, and back to a WUD location or successful bidder's place of business if work is completed for the day. Mileage paid shall not be in excess of mapquest's total estimated distance. The unit price offered for mileage shall include any/all fuel charges. Page 11 BID RESPONSE BID #09-029/KM HAULING OF WET LIME SLUDGE, TERM CONTRACT ITEM NO. DESCRIPTION ESTIMATED 12 MONTH QUANTITY UNIT UNIT PRICE X WEIGHT FACTOR FACTORED RATE 1. PICK-UP /LOADING AND UNLOADING OF WET LIME SLUDGE 5,000 TON $ /ton X .30 $ 2. HAULING OF WET LIME SLUDGE 127,750 MILE $ /mile X .70 $ TOTAL FACTORED RATE (ITEM #1 + ITEM #2): $ Is Qualification of Bidders information included, per Term and Condition #8? YES INITIAL, Does bidder clearly understand the Insurance requirement, per Term and Condition #18? YES INITIAL. * PLEASE AFFIX SIGNATURE WHERE INDICATED (FAILURE TO DO SO SHALL RESULT IN THE REJECTION OF YOUR BID) By signature on this document, bidder acknowledges and agrees that its offer includes and accepts all terms, conditions, and specifications of the County's bid solicitation as originally published, without exception, change or alteration of any kind, except as may have been published by the County in official amendments prior to this date of submittal. FIRM NAME: (Enter the entire legal name of the bidding entity) DATE: PRINT NAME: * S~GNATO RE: PRINT TITLE: ADDRESS: CITY /STATE: ZIP CODE: TELEPHONE # ( ) E-MAIL: TOLL FREE # ( ) FAX #: ( ) APPLICABLE LICENSE(S) NUMBER # TYPE: FEDERAL ID # Page 12 STATEMENT OF NO BID BID #09-029/KM HAULING OF WET LIME SLUDGE, TERM CONTRACT If you are not bidding on this service/commodity, please complete and return this form to: Palm Beach County Purchasing Department, 50 South Military Trail, Suite 110, West Palm Beach, FL 33415-3199. COMPANY NAME: ADDRESS: TELEPHONE: SIGNATURE: DATE: WE, the undersigned have declined to bid due to the following reason(s): Specifications too "tight", i.e., geared toward brand or manufacturer only (explain below) Insufficient time to respond to the Invitation for Bid We do not offer this product or an equivalent Our product schedule would not permit us to perform Unable to meet specifications Unable to meet bond requirements Specifications unclear (explain below) Other (specify below) REMARKS: Page 13 CERTIFICATION OF BUSINESS LOCATION BID #: 09-029/KM In accordance with the Palm Beach County Local Preference Ordinance, a preference shall be given to those bidders who have a permanent place of business in Palm Beach County ("County") and who hold a valid Local Business Tax Receipt (Occupational License) issued by the County that authorizes the bidder to provide the goods or services to be purchased. To receive a local preference, an interested bidder must have a permanent place of business in existence prior to the County's issuance of an invitation for bid. A valid Local Business Tax Receipt (Occupational License) issued by the County Tax Collector shall be used to verify that the bidder had a permanent place of business prior to the issuance of the invitation for bid. A Palm Beach County Local Business Tax Receipt (Occupational License) is required unless specifically exempted by law. In lieu of a Palm Beach County Local Business Tax Receipt (Occupational License), the bidder should include the current Local Business Tax Receipt (Occupational License) issued to the bidder in the response. The bidder must submit this Certification of Business Location at the time of bid submission. The Local Business Tax Receipt (Occupational License) and this Certification of Business Location are the sole determinant of local preference eligibility. Errors in the completion of this Certification or failure to submit this completed Certification shall cause the bidder to not receive a local preference. Please note that the bid submitted by the bidder to the County must be from an address located within Palm Beach County in order for local preference to apply. Bidder is a: Non-Local Business Anon-local business is one that does not have a permanent place of business in Palm Beach, Martin, Broward, or Miami-Dade County. Regional Business A regional business is one that has a permanent place of business in Martin, Broward, or Miami-Dade County. (Please indicate): Martin County Broward County Miami -Dade County Local Business A local business has a permanent place of business in Palm Beach County (Please indicate): Headquarters located in Palm Beach County Permanent office or other site located in Palm Beach County from which a vendor will produce a substantial portion of the goods or services to be purchased **A post office box or location at a postal service center is not acceptable. The attached copy of bidder's Palm Beach County Local Business Tax Receipt (Occupational License) verifies bidder's permanent place of business in Palm Beach County THIS CERTIFICATION is submitted by , as (Name of Individual) of (Title/Position) (Firm Name of Bidder) who hereby certifies that the information stated above is true and correct, that the bidder has a permanent place of business in Palm Beach County, and that the attached Palm Beach County Local Business Tax Receipt (Occupational License) is a true and correct copy of the original. Further, it is hereby acknowledged that any misrepresentation by the bidder on this Certification is considered an unethical business practice and is grounds for sanctions against future County business with the bidder. (Signature) (Date) Page 14 DRUG-FREE WORKPLACE CERTIFICATION BID #09-029/KM HAULING OF WET LIME SLUDGE, TERM CONTRACT IDENTICAL TIE BIDS/PROPOSALS - In accordance with Section 287.087, F.S., a preference shall be given to vendors submitting with their bids/proposals the following certification that they have implemented adrug-free workplace program which meets the requirements of Section 287.087; provided, however, that any preference given pursuant to Section 287.087, shall be made in conformity with the requirements pursuant to the Palm Beach County Code, Chapter 2, Article III, Sections 2-80.21 thru 2-80.34. In the event tie bids are received from vendors who have not submitted with their bids/proposals a completed Drug-Free Workplace Certification form, the award will be made in accordance with Palm Beach County's purchasing procedures pertaining to tie bids. This Drug-Free Workplace Certification form must be executed and returned with the attached bid/proposal, and received on or before time of bid opening to be considered. The failure to execute and/or return this certification shall not cause any bid/proposal to be deemed non-responsive. Whenever two (2) or more bids/proposals which are equal with respect to price, quality, and service are received by Palm Beach County for the procurement of commodities or contractual services, abid/proposal received from a business that certifies that it has implemented adrug-free workplace program shall be given preference in the award process. In order to have adrug-free workplace program, a business shall: (1) Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. (2) Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-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) Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in number (1). (4) In the statement specified in number (1), notify 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 notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893, Florida Statutes, or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. (5) Impose a sanction on, or require 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) Make a good faith effort to continue to maintain adrug-free workplace through implementation Section 287.087, Florida Statutes. THIS CERTIFICATION is submitted by the (Individual's Name) of (Title/Position with Company/Vendor) (Name of Company/Vendor) who does hereby certify that said Company/Vendor has implemented adrug-free workplace program which meets the requirements of Section 287.087, Florida Statutes, which are identified in numbers (1) through (6) above. Signature Date a~ (6 d W J W x U O z X Q LL Z w O z w w ~ ~ Z Q D O d o x w Q d o O z D m W D D 00 ~ ~ w ~ o ~ ~ ~ W C7 d d z w w U w z OW ~ O 0 Q O 0 m z U m d 0 d N A d a d s O .~ C 7 O E Q V A C O v 7 ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ EA EA EA EA EA ~ ~ ~ ~ ~ N M ~ ~ c .y V 7 A U C d O V C A O N 2 Y V A 00 N N d C N O ~ a~ m d = ~ ~ U £ t ~ O O N d ayi c c ~ N Y 7 d m t w V 'i ~. O c c O N d d ~ a z d ~ E o z a a 3 o T a `o ~ ~ c ~ m O U U N N ~ ~ ~ - a .Q 0 ~ °- a a m `o ~ c_ ~ a ~ ~ ~ ~ c - ~ `o c 7 EA O (B U ~ 7 ~ a t a~ U t (6 N N (B O U_ a c ~ N U EA a ~ O N d ~ t6 W m O ?~ N ~ N 7 ~ ~ C N (B t W U m EA (n ~ C ~ O (B N ~ a O ~ ~ ~ C U U O C (B ~, N ~ ~p ~ N a ~ ~ ~ ~ N U ~ a ~ ~' W °' ~ y ~ E ~ - O U - 7 O' W jp ~` >m ~ ~ >_ a ~ ~ ~ H n m n T `~ a o a~ c m ~ ~ ~ W ai F 7 m d ~ ~ c ~ `o m °- ~ ~ C A Y C U p C (0 7 .t U ~ U `o ~ ~ a ~ ~ ~ t0 N U m ~ N ~ (B ~ ~ U d C d .~.-~ ~ ~ C ~ 'p U w O N N ~ C ~ 'O +_' O N ~ C U (6 y ~ ~ N ~ m c c ~ o 0 0~~° m c ~ E m E w ~ y (6 (~ U m i0 t1 N p y a H °'ii ~ ~ ~ N M VJ m ~ N W ~ ~ a O O H z Page 16 SCHEDULE2 LETTER OF INTENT TO PERFORM AS AN SBE OR M/WBE SUBCONTRACTOR BID NO. BID NAME: TO: (Name of Prime Bidder) The undersigned is certified by Palm Beach County as a(n) - (check one or more, as applicable): Small Business Enterprise Minority Business Enterprise Black Hispanic Women Caucasian Other (Please Specify) Date of Palm Beach County Certification: The undersigned is prepared to perform the following described work in connection with the above project (Specify in detail, particular work items or parts thereof to be performed): Line Item No. Item Description Qty/Units Unit Price Total Price at the following price $ (Subcontractor's quote) and shall enter into a formal agreement for work with you conditioned upon your execution of a contract with Palm Beach County. If undersigned intends to sub-subcontract any portion of this subcontract to anon-certified SBE subcontractor, the amount of any such subcontract must be stated: $ The undersigned subcontractor understands that the provision of this form to prime bidder does not prevent subcontractor from providing quotations to other bidders (Print name of SBE-M/WBE Subcontractor) By: (Signature) ~r i ii n i iai i ici uuc vi Nci avi i cnci,uui iy vi i vci iaii of SBE-M/WBE Subcontractor) Date: a~ m G 0 M ~ W ~ J ~ ~U DQ W 2W Um y~ ~ ~ ~ ~ m W m C7 Z_ D Z W 2 H Z N~ L.L LL ~_ ~_ H U Q W >m W m W Q Z 0 m cW G Q Z U H Z U W O W d U W NO L.L ~ _~ ~ ~ (6 U ~ ~ d d ~ _~ ~ ~ p f4 ?~ V . Q f4 ~ .~ f4 v ~ (6 V U d t v U L U Y W U ~ m m > c~ ~ G W ~° c '~ ~ m ~ _ m A ~/7 "- N ~ . O ~ C ~ ~ m N m D m U ~ Q ~ 0 a Z `° a O Q O N Q D 0 ~ Z w c m 0 ~ U Z (0 ~ g `° c W C m O Q ~ (i) LPL H 0 ~ U ~ m wQ ~ y ~ m m ~ o L1J U ~ m 7 C ~ ~ L11 m w m W `p m o c ~ a E ~ (0 7 Z (n N a C (6 7 (6 C m U N Z Q a 00 A (6 m c 0 a N U (6 Q N ~ ~ ~_ M ~. ~ ~ J C (n ~ ~~, _ _ m ~ U H ~ ~ i N m cn ~° E ~~d U (n >~ O 0 N W U m ~~ ~_ ~--' U ~ y--~ ~ ~ L Q O U ~ ~ ~ O W ~ m - ~ ~ c ~, ca ~ U ~ c6 O ~ ~ m ca y~ L L U ~ m~ ~ ~ L ca C ~ cn o W H Page 18 SCHEDULE 4 SBE-M/WBE PAYMENT CERTIFICATION This is to certify that SBE or M/WBE Subcontractor (Monthly) or (Final) payment of $ on from for labor and/or materials used on BID NO. received (Prime Contractor) BID NAME: BID #: PRIME CONTRACTOR: SBE OR M/WBE SUBCONTRACTOR: BY: (Signature of Prime Contractor) (Print Name & Title of Person Executing on behalf of Contractor) STATE OF FLORIDA COUNTY OF Sworn to and subscribed before me this by (Company Name) BY: (Signature of Subcontractor) (Print Name & Title of Person Executing on behalf of Subcontractor) day of , 20 Notary Public, State of Florida Personally Known _ Produced Identification Print, Type or Stamp Commissioned Name of Notary OR Type of Identification Produced STATE OF FLORIDA COUNTY OF Sworn to and subscribed before me this day of , 20 by: Notary Public, State of Florida Print, Type or Stamp Commissioned Name of Notary Personally Known OR Produced Identification Type of Identification Produced DUE: To be submitted with Pay Request, immediately following any payment to the SBE-M/WBE from the Prime Contractor. Delray Beach WTP Non-Local Fuel Surcharge -Schedule F Fuel Cost Fuel Surch. Fuel Cost Fuel Surch. Per Gal. Per Load Per Gal. Per Load $2.00 $0.00 $3.65 $124.74 $2.05 $3.78 $3.70 $128.52 $2.10 $7.56 $3.75 $132.30 $2.15 $11.34 $3.80 $136.08 $2.20 $15.12 $3.85 $139.86 $2.25 $18.90 $3.90 $143.64 $2.30 $22.68 $3.95 $147.42 $2.35 $26.46 $4.00 $151.20 $2.40 $30.24 $4.05 $154.98 $2.45 $34.02 $4.10 $158.76 $2.50 $37.80 $4.15 $162.54 $2.55 $41.58 $4.20 $166.32 $2.60 $45.36 $4.25 $170.10 $2.65 $49.14 $4.30 $173.88 $2.70 $52.92 $4.35 $177.66 $2.75 $56.70 $4.40 $181.44 $2.80 $60.48 $4.45 $185.22 $2.85 $64.26 $4.50 $189.00 $2.90 $68.04 $4.55 $192.78 $2.95 $71.82 $4.60 $196.56 $3.00 $75.60 $4.65 $200.34 $3.05 $79.38 $4.70 $204.12 $3.10 $83.16 $4.75 $207.90 $3.15 $86.94 $4.80 $211.68 $3.20 $90.72 $4.85 $215.46 $3.25 $94.50 $4.90 $219.24 $3.30 $98.28 $4.95 $223.02 $3.35 $102.06 $5.00 $226.80 $3.40 $105.84 $5.05 $230.58 $3.45 $109.62 $5.10 $234.36 $3.50 $113.40 $5.15 $238.14 $3.55 $117.18 $5.20 $241.92 $3.60 $120.96 $5.25 $245.70 Fuel Surcharge per load is based on the eia.doe.gov on highway diesel pricing. Delray Beach WTP Local Fuel Surcharge -Schedule F Fuel Cost Fuel Surch. Fuel Cost Fuel Surch. Per Gal. Per Load Per Gal. Per Load $2.00 $0.00 $3.65 $33.00 $2.05 $1.00 $3.70 $34.00 $2.10 $2.00 $3.75 $35.00 $2.15 $3.00 $3.80 $36.00 $2.20 $4.00 $3.85 $37.00 $2.25 $5.00 $3.90 $38.00 $2.30 $6.00 $3.95 $39.00 $2.35 $7.00 $4.00 $40.00 $2.40 $8.00 $4.05 $41.00 $2.45 $9.00 $4.10 $42.00 $2.50 $10.00 $4.15 $43.00 $2.55 $11.00 $4.20 $44.00 $2.60 $12.00 $4.25 $45.00 $2.65 $13.00 $4.30 $46.00 $2.70 $14.00 $4.35 $47.00 $2.75 $15.00 $4.40 $48.00 $2.80 $16.00 $4.45 $49.00 $2.85 $17.00 $4.50 $50.00 $2.90 $18.00 $4.55 $51.00 $2.95 $19.00 $4.60 $52.00 $3.00 $20.00 $4.65 $53.00 $3.05 $21.00 $4.70 $54.00 $3.10 $22.00 $4.75 $55.00 $3.15 $23.00 $4.80 $56.00 $3.20 $24.00 $4.85 $57.00 $3.25 $25.00 $4.90 $58.00 $3.30 $26.00 $4.95 $59.00 $3.35 $27.00 $5.00 $60.00 $3.40 $28.00 $5.05 $61.00 $3.45 $29.00 $5.10 $62.00 $3.50 $30.00 $5.15 $63.00 $3.55 $31.00 $5.20 $64.00 $3.60 $32.00 $5.25 $65.00 Fuel Surcharge per load is based on the eia.doe.gov on highway diesel pricing. ~ _ ~-' - ~ ~ - Y r ' ~ ^ ~ i ~ ' ~ ~.f~ :~i i t ~~ . 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Y~ i . ~ . - ~ ~ : ~ N ~ I • S 1 - _ ~ r ~ I r F• ! ` y -1 ~~ ~r ~ ~ YY ~ " ff fiyy r ~ 1 ~ L ^ - ~~ ~: , ~ z ~ ~-~., " ~ ~ `~~ ..* ~ ~ - r~ ~i ti,. . , r ~ 6 r ~ ~ i ' ~ ~} 1~ ~ ~ ~' ~ ` '~ ~ ~ - • ~ ^ ~ ~ • ' • ~ ~ r _ ~ I ~ „ ~ I ^ ~ ^ • I ~ - - _ . ~ _ _ ~ ~ ~ ~ ~ _ ~ _ ^ i_ as ~ lr L~ ~i I - ~ L + - ~ ~ - , r ' rte ~ C ~+ r ^ ~ ~ ~ ^ ^ ~ ~ i u _ 4 ~ - - - __ - - - - i, - _ _ r ~ _ - ' ~ ~ '~ ~ ~ = ~ 4~ - ~"Y~ - _ _ '~ti sr ' ~ ~ r - - -- ~ . ~ - ~ ~' _ ti , } ~ ~ ~ ~ _- - T -- - t _ - ~ I - - _ i - ` 4 _ a i i i }r ~r ~ y~ u ~ ~ - ~ ~~ r .. t ~ ~ ~ ~ ~ i I ..- ~ ~ ~~ ~_ r ~. * I ;_~ i _ -~ -__.~ - _ - r ~.. ~_ Eu r ~ ~ .Lt ~ i~ 1 ~ ^ ~ ~ ~ ~ Ida: - - ~ 11y - ti__ M _ T _ _ __ rte '~' - _ i a _ - - • 1 _ ~ ` ~ 4 r ~~ ~ ~ 5 ~ ~ ~ ~ r i ~ ^ ~{ ~ ' ~ ~s. r ~_ ~~~ ~ I r r ~ }'~ ` 7 F J ~, + ~ ~ ~ ~ ~ ~~ ~ ~ ~~~ . r _ ~ '~'~ • - ~ ~ ~ ~~ ~~ ~~ ; I I I I YL r. i J ~~~ ~ ~ ~ ~ ~ ~ r : • y •~~ , t~ ~~ r ~ ~' - - - _ ~-_ ~~• s. ~ ~~ ~~ ~ + ~~ ~ ~ ~ r ~ ~ ~ i~ I ~ r l - . ~~ ~ 1..,_ r ~ ~~ ~~ ~ ~ w ~ V ~ _ ~ ~ f. .ate a - -F . ~ M ~ ~ 1' r ' ~ J r .~ ~ ~ ~ ~ • ' ~ ~~ * ~ ~ ~ ~ ! ^ ~ _ ' ~ ~ ~ ~ r ~ ~ r _ a ~ _ } _ ' i - r ~~ ~ i ~ ^ ~ i ~ ~ - ~ i ~ ~ -r t ~ " ~ ~' ~~ ~ ^ - ~ t f _ ~r` ,' ~ ~ _ ~ t r~ - ~. t ~ + I '` ~ ,~A ~ L f T ~ ` r - - . F r ~ .r, 4•~ ~ .~ ~ ~' ~ ^ i ~i ^ + i ~n ~i I ~~ 4 ~~ i': ^ ~ . ~ __ ~ t ^ I~ ~~ ~ ~ t~~, • ~ i ' ~ _ i ~ ~ ~~ i t f E ~ i ~ i _ ,~ _ i . ~.. ^ ~: _ r . k ' ~ - - ~ -- - ~ ' - ~f _ ~± _ i - i1 • _ 1 ^ ^ _ y _ 1 ii ~ ~ ^ '~ ~ ~ ~ • _ ~ ~ ~ - ~ ,i~ r ~ ~ ~~. ~ ` _ i ~` ~~ _ . ~ '~ 7 ., ~r ~ ~ t 74;iR ^y ~ * r ~ F. ~ ~ ~ r ti ~ ti f t ~ ~ ~•- Y l _ ~ '~ i4 ~~ y • ~ - ~ ~ ~ ~ ~ _ ~ ~ ~. r' ^ ~~~ ~ a# r~~ ~~ r ~, ~ r ~ ~~ ~ ~ ~~r Its ~ .~ r~ ~ }~ ~~ ,~ r~ 1'i 01/08/208 15:54 5617426316 BC]YNTON BCH FINANCE FAGS D1 ~art~or~ .~~a.ct~ Pr,7CUrement ServrCes 100 E. I~oyntar, t3e~ch .~oulevsx'd p 0, ,$ox S.t 0 Bvyn ton .8e&e~a, ~lorrds 33d2S-0310 ~elephane,Na~ (561)7~F2-6310 F,~J:: (561) 742-6376 Septen;~ber 19, 20Q7 CkiAZ EQCTIPMENT CO., INC. ~ ~ sa ~ ~~,~~ s FARMS I~r?. ATE ~ WEI.LING'I~ON, FI. 3341,4 AT'TN: RQBEFt~" I.1- WIGHT • `COL i'rCTiON AP1D S'~'OR.11',I WATER. [7 II,>;'I'Y Sy~TE1VIS~ ~I5'I'RIEUTI(3N, WASTE'~'A7'ER $ID #065-2821,-071~A CQN'I'It,4CT ~~RTOD: 5e~tembe~ 18, Za0'7 to 5epterr~her X7, 209 Dear Mr. Waght: _ At the City Comrnissio~x meeting of SeWA~T~WAT~R~CU1`,I~E~T QN AI~T~U TC1R11'I WA'I'Eit UT ~IT`Y )F+'(}R WATER IIZSTRIX3UTIQN, SYS'I'Ei-'XS" vfas a split awaxd to your company, along with Zv1ADS)N~BARR. CORP. of Lake Wortia, Floricla- As Stipulated .vithi.i~ the Bid spcci>~cations, your company's origiz>;al cert~catc of insuratace is to be prtsvided to our k~isk Mataagetxaent Dcpatt~nerit at ynut' earlit:st canvetlience, namitt a Ci r of ~o t n Beac as adci~tionall insure - We would like to thartlc you for acceptitzg the opportunity to respond to this project- Upon receipt of your; certificate of insur~tlce, Pn~'cl~ase Orders 1~t11 be issued ari atz "As Needed Basis". Ifiyau have any futtlier questions regarding this bid, please cvrltACt Janet Alleu, Buyer, at (56~) 742-0322, Si`n~ce'r~ely, --~ /~ Bobby ~ez>~ca Deputy Drret;tor of Finaz~c> ai Services /j a f~nclpsure: Tabulation 5}iee? c: )?ete Mazzella -Deputy Utilities Director, AdR1in15tration and Engineering 1Vlictfael [-qw- Dct7u4' Ufi[iti05 t;7ircctrq, Q]}eratigns and Maintenance CFtt'is RasChek- Engineering Aiaisian Manager Tpny (,gmirardl ,~ VUastewatcr Supervisor Karery ~jseley -Contract Administrator Centrst ~;le Fite CYTY OF BOYNTON BEACH ~~ ~'~~ -~ A NDA ITEM RE VEST FORM -- ~~- GE Q Requested City Cotn~nission .Date Final Form Must be Turned Requested City Commission Date Final Form i~tust be Tumed iVleetine Dates into City Clerk's Office Mee[ine Bates in to City Clerk's Office ^ August 21, 2flU7 August 6, ZOD7 (Noon.) ^ October 16, ?007 October 1, 2007 (Noon ^ September 4, 2007 August 20, 2UU7 (Noon) ^ November 7, ?007 October 15, 2007 (Noon) ® September 18, 2007 September 3, 2fl07 (Noon) ^ November 20, 2007 November 5, ?007 (Noon) ^ October 2, 2007 September I 7, 2007 (Noon) ^ December 4, 2007 November 19, 20D7 (Noon) ^ AnnouncernentslF'resentations ^ City Manager's Report NATURE OF ^ Administrative ^ New Business AGENDA ITEM ® Consent Agenda ^ Legal. ^ Code Cotnpliance & Legal Settlatnents ^ Unfanished Business ^ Public Hearing ^ RECOMMENDATION: Motion to award Bid #065-2821-07/JA, "REPAIRS AND EMERGENCY SERVICES FOR WATER DISTRIBUTION, WASTEWATER COLLECTION, AND STORM WATER UTILITY SYSTEMS" to two {2) underground contractors on an as needed basis. Contractors are Chat Equipment Company, Inc., and MadsenBarr Corporation. EXPLANATION: Bid #065-2821-07/JA was issued on July 4, 2007 followed by a pre-bid meeting July 18, 2007 and opened by Procurement Services on August 7, 2007. Two (2) bids were received and reviewed by Utilities. The objective of the bid is to provide construction services for emergency repairs and scheduled repairs to the City's utility systems, The award of this bid will allow the Utilities Department to access the selected utility contractors for emergency repairs and repair services beyond the scope or capability of our staff. With the use of this bid, we know that a competitive process was followed to secure these services. The bid was evaluated based on criteria in the bid documents and two {2) key issues: (1) advantages of a dual award for emergency repair services; .and, (2) availability of a least one contractor for repair services. PROGRAM IMPACT: Chaz Equipment submitted pricing for all Tine items; however, Madsen/Barr's submittal included pricing for- specific items only. Utilities determined it is in the best interest of the City to recommend a dual award to allow better response time, especially for emergency repairs, and develop a scope of work using established bid prices Chaz Equipment Company, Inc. of Wellington, FL and Madsen/Sarr of Lake Worth, FL are certified, licensed underground utility and excavation companies. No exceptions to the hid documents or specifications were noted, and both contractors have successfully completed work for the City in the past. S~:BLtLLETIN`,FOR1vtS',AGE'v'DA ITEkbI REQUEST FORM.DOC CITY OF BOYNTON BEACH '. ~~_-_:}K= AGENDA ITEM REQUEST FORM -~ .. FISCAL IMPACT: The Contractor selected for each repair episode will depend on the nature and extent of the repair. Funds will be available from the operating budget and the utility reserves in the various disciplines, water, wastewater and storm water. This bid gives us the security that we have a contractor contractually associated with .the city for our needs. The utility contemplates two (2) to four (4) events overall per budget year for funding reasons, with an estimated total expenditure of approximately $SDD,DOD.DD during the contract period. Individual scopes of services will be developed on an `as needed basis' throughout the two (2} year contract period. ALTERNATIVES: The alternative would involve obtaining quotes far contracting services with a reliable co tractor each time they are needed. This is a lengthy process, creates higher costs to the City, and -not as desirable as a..bid. ~'3 ____ ._ V Koff Boateng, Utilities Director City Manager's Signature ~/ Assistant to City Manager Utilities Department Department Name City Attorney !Finance bc: Pete Mazzella, Deputy Utilities Director Chris Raschek, Engineering Division Manager Tarry Lombardi, Maintenance Manager Barb Canboy, Manager Adaninistratiorz/Finance Project File {Karen) S~~BC,'LLETI~I',FORMS`AGEND.A ITEM REQUEST FORM.DOC ~~ '~Fl~ ~ ~ ~~~~ Utilities Department ~t~~cu ~f s,-~~F~c~s City of Boynton Beach Engineering- Division ln~erofflce Corr pondence TO FROM : BID : SUBJECT: be Bobby Jenkins Assistant Finance Director Kofi Boateng Director of Utilities Repairs and Emergency Services for Water Distribution, Wastewater Collection And Storm Water Utility Systems Bid #065-2821-071JA Agenda Item Request Project File {Karen} DATE : August 29, 2007 PHONE : 742-8413 Bobby, The following documents are attached: • Agenda Item Request Form for September 18, 2007 Commission Meeting • Signed Tabulation Sheet Please provide backup documents required to complete this package and forward to the City Clerk's Office to meet the September 18, 2007 Gommission Meeting deadline. If you have any questions, you may contact me at 742-6401 or Tony Lombardi at 742-6421. 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W H N tl} F- J_ H W a ff3 a Z U W J U W a w a a ti d r N N ca D GO J ~ S~• ~ U ~ ~ U ~ ~ ~ ~ ~ ~ ~} ~ ~ ~ ~ ~ ~ ~ r` ~j ~ i" ~ Q ~ ~r% ~~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~~ tf] ~ ~ { ~ E,r,1 ~ - C~ ~ F- Z ~ ~ Ef ; ~ ~ ?~?~ ~N C~} `J ~ ~ ~ L~ ~ J I U ~- 1f i¢! ! t¢Ll W W 0 ~ Q 0 ~ ~ f r f . as a a ~ N ~ o as z a ~ ~~ zo U ~ ~ ~. x N ~-- ~ N ~ ~ I W F ~ ~ a ~~- 0 ~ .Q Q ~ ~ Q ~ t ~ ~ o ~ ~ 3 O ~ E E ~ = W n ~ .~ c~. a ~ ~ F t13 E ~ ~ ~ O•i [O!7 [OA a ~ ~ N W N v U G m ~ m m F-• O] o N ~ (q F- ~ W ,~ r o m _~ o ` ~ ~ ~ a. _ Z o © ~ -' m U L.. ~' L ~ ~ ~ ~ °' a~ D a ` ` ~ 'o ~ ~ '" cr`~ o ~ ~ ° U ° U ~ m c ~ ~ ~ m N C!1 ~ m 3 a s 3 ~ ~ ~ J° ~ ~ ~ °, U ~ 3 m a~i .~ ~ 07 ~ Q ~j u3 [n ~ W a ~ C ~ ~ {43 _ LL L N N ~ •~ 4 ~ ~ L CV OD ~ Q Q Q ~ ~ E (~ cY3 ~ ~ V ~ ~ (~ G ~ 4 vJ ~ L.L LL LL .. O to 0. ~ O En ~ tTl n U o [) o n- ~ ~ a1 ~ oo ° ~ ~ ~ Ffl ao ° c ~ ._ n = Q1 ~ O ~ O N E O E r-• ~ O ~ N fA N rn N U1 N N N N N N N y N p N LL. Q ~ Q r I..L ~ fD 47 r Q Q m m m W W ~ m m ~ '~ W ~ t~ ifs ~' tC to 1 7 cA [{ I~ Lf7 ~ LC7 ~ tf C3 Lf r Cfl N CO c+') CO ~ f9 lC1 LB CO [D 1+ CD c0 Co 07 CO a E~ r C~ N [~ E M ~}' ~ ti F Z M } M 1 C~7 } [+') M C`7 i M l M M M M C"S M [''7 CrJ CY] [+? [*) M C'') C') C'7 -~ T- ~+ o~ 6 EL STATEMENT OF BIDDER'S QUALIFICATIONS Each Contractor bidding on work included in these General Documents shall prepare and submit the data requested in the following schedule of information. This data must be included in and made part of each bid document. Failure to comply with. this instniction maybe regarded as justification far rejecting the Contractor's proposal. * attach additional sheets giving the information 1. Name of Bidder: -~~-L~ ~ ~ ~~~~` - ~~~ • - f ~--~1~ ~"t ~ ~ 2. Business Address: ~~ ~~~ ~~_r ~ C~-~-~t~~' ~S ~~. - ~~~~, I 3 . When Qrganized: ~ ~ ~ ~ 4. Where Incorporated: ~~ ~ ~' 1 ~~ 5. How many years have you been engaged in the contracting business under the present frm name? ~~ ~ ~' S 6. General character of work performed by your company. f/~ ~ r 7. Enclose evidence of possession of required licenses andlor business permits. Number of employees. ~~ 8. 9. Background and experience~~~rinc_ pal embers ofyourpersonnel, including offcers. ~~ C~~~=-~~ ~ 10. Bonding capacity. ~ Zj I~L~/~~ l 1. Have you ever defaulted on a contract? If so, where and why?* ~(~ THIS PAGE MUST BE SUBMITTED ALONG WITH PROPOSAL SBQ - 1 STATEMENT OF BIDDER'S QUALIFICATIONS continued...... 12. Experience in performance. Project $ Value Contact Name Phone # 13. Contracts on hand. 14. Largest completed projects (include final cost). 1) C~C~V ~~ti1 ~-i~f~-,~C~~~ C"~ L~~'.S~- fill ~rl ~x'~ ~, ~ _ ~'Yr_, L. 2) C~C~c~.c~ ~.~ C~c,.p ~ (sz m ~ ~ 3) t'Y1C;~Cec~y.,~ ~r~ - ~ i~u ~~ ~~S ~5~ ~~ rn 3Ch._ ~ - ~ rnt _i~. 15. List all lay=.Is~.~i±s (design and/or constt-~:ctian related) or arbitrations to which you have been a parry and which; * ~~(~;~ ~ 1) arose frown construction projects: 2) occurred within the Iasi 4 years: 3} provide case number and style: Dated at: ~ti~ ~a~ ~~ ~[~i'~'~ '~.~. Sty 1 ~thhis -s~`~'day of ~ ~'~~'"' 20~~ By: ~.,~,~,~(/written signature) Name: ~-_X=~ ~ ~ - ~~ ~ : '~-~-- {printed or ~ d} Title:~i C~~ ~~+C~~1`l~ Aev. DS/3Q/03 THiS PAGE MUST BE 5UBMITTED ALONG WITH I'ROP05AL 5BQ - 2 NONCOLLUSION AFFIDAVIT OF PRIME BIDDER State of ~!~~` ~C~C~ ) County of~~~ 1~1 _~ ~ ~'C~~°-~° ~ . ~ ti ~-~- . _.. ,being first duly sworn, deposes and says that: ~~ 1) He is ~ t C~ ~~'~; ~~~ of ~~~ ^ `~ i ~" ~C:. ~- (Title) (Marne of orporation or Firm} the bidder that has submitted the attached bid: 2) He is fully informed respecting the preparation and contents of the attached bid and of all pertinent circumstances respecting such bid; 3) Said bid is genuine and is not a collusive or sham bid; 4) Further, the said bidder nor any of its officers, partners, owners, agents, representatives, employees or parties in interest, including this affiant, has in any way colluded, conspired, connived or agreed, directly or indirectly with any other bidder, firm or person to submit a collusive or sham bid in connection with the Contract far which the attached bid has been submitted or to refrain from bidding in connection with such Contract, or has in any manner, directly or indirectly, sought by agreement or collusion or communications or conference with any other bidder, firm or person to fix the price or prices in the attached bid or of any other bidder, or to fix any overhead, profit or cost element of the bid price or the bid price of any other bidder, or to secure through and collusion conspiracy, connivance or unlawful agreement any advantage against the ('~-`n.~ ~~- ~~~~ ~ (I-oval Public Agency) or any person interested in the proposed Contract; and 5) The price or prices quoted in the attached bid are fair and proper and are not tainted by any collusion, conspiracy, connivance or unlawful agreement on the part -the bidder or any of its agents, representatives, owners, employees, or parties in interest, ' hiding this affiant. (Signed) (Title) ~ t C~ ~~: ~~ Subscribed and sworn to before me i This .~ ~ day of _~~ Lr`'~~" , 20 ~•~ M commission ex ices " ~~ -C~~ ~~1rRY PUB~~~ ~~~~ 3t7Di FEtifi '~' .~ = Notary Public -State of Florida ~;, ~ fNy Commission Expires Feb 24, 2008 '''.'~oF o-t~~~` Commission # D0293717 ~~~~~~~~~~,, AGE TO BE SUBMITTED ALONG WITH BID IN ©RDER FOR PACKAGE TO BE CONSIDERED /COMPLETE AND ACCEPTABLE NI.A - E ANTI-HICKBACK AFFIDAVIT STATE OF FLORIDA COUNTY OF PALM BEACH SS I, the undersigned hereby duly sworn, depose and say that no portion of the be paid to any employees of the City of Boynton Beach as a comrzlission, gift, directly or indirectly by me or any member of my firm or by an officer ~ By: NAME - ~IGNA' Sworn and subscribed before Tne this ~ day of ~~~G~~~ ,24 (`~~ 4J h~ s_ ~ TARY~P L' C tate of Florida at Large „11,1„ JOD1 FELIt) t~Y Av°<: = hiotary Public -State dt Florida • ' _ My Commission Expires FeD 24, zone %%:~oFF~r Commission ~' Dl]zS37i7 ~~f„1111j1 "OFFICIAL NOTARY SEAL" STAMP Panted Information: herein bid will '3ack, reward of corporation. NAME TITLE COMPANY THIS PAGE TO BE SUBMITTED AEONG WITH BID IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE AKA - ]. CONFIRMATION OF MINORITY OWNED BUSINESS A requested form to be made a part of our files for future use and 'information. Please fill out and indicate in the appropriate spaces provided which category best describes your company. Return this form with your bid proposal sheet making it an official part of your bid response. Is your company a Minority Owned Business? Yes No If Yes, please indicate by an "X" in the appropriate box: { ) AMERICAN INDIAN { ) ASIAN { ) BLACK { } HISPANIC { } WOMEN { } OTI~R { } NOT APPLICABLE (specify) Do you possess a Certification qualifying your business as a Minority Owned Business? YES NO If YES, Name the Organization from which this certification was obtained and date: Issuing Organization for Certification Date of Ceriificatian Revised 02/22/05 THIS PAGE TO BE SUBMITTED ALONG V4'ITH PROPOSAL MOB-1 CONFIRMATION OF DRUG-FREE WORKPLACE Preference shall be given to businesses with drug-free workplace programs. Whenever two ar more bids which-are equal with respect to price, quality, and service are received by the City of Boynton Beach or by any political subdivision for the procurement of commodities or contractual services, a bid received from a business that certifies that it has implemented adrug-free workplace program shall be given preference in the award process. Established procedures for processing tie bids will be followed if none o€ the tied vendors have adrug-free workplace program. Iri order to have adrug-free workplace program, a business shall: 1) Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, ar use of a controlled substance is prohibited in the workplace and specifying the actions that will he taken against employees for violations of such prohibition. 2) Inform 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 far drug abuse violations. 3) Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). ~l) In the statement specifed in subsection (1), notify the employee that, as a condition of working on the commodities ar contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or polo contendere to, any violation of Chapter 893 or of any controlled- substance law of the United States or any state, far a violation occurring in the workplace no later than five (S) days after such conviction. 5} Impose a sanction on, or require the satisfactory participation in a drug abuse assistance ar rehabilitation program if such is available in the employee's community by, any employee who is so convicted. 6j Make a good faith effort to continue to maintain a drug-free work lace through implementation of this section. As the person authorized to sign the statement, I certify that this frm,L~gfnplies fully with the above requirements. ~/ Vendor's Signature THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL Il\F ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE DFW - 1 TRENCH SAFETY ACT AFFIDAVIT On October i, i990, House Bill 3183, known as the Trench Safety Act became law. This incorporates the Occupational Safety & Health Administration (OSHA} revised excavation safety standards, citation 29 CFR.S.1926.650, as Florida's oven standards. The proposer, by virtue of his signature below, affirms that he is aware of this Act, and will comply with all applicable trench safety standards. Such assurance shall be legally binding on all persons employed by the Contractor and his subcontractors. The proposer is also obligated to identify his anticipated method and cost of compliance with the applicable trench safety standards. PROPOSER ACKNOWLEDGES THAT INCLUDED IN THE VARIOUS ITEMS OF THE PROPOSAL AND IN THE TOTAL BID PRICE ARE COSTS FOR COMPLYING WITH THE FLORIDA TRENCH SAFETY ACT (94-96 LAWS OF FLORIDA). THESE ITEMS ARE A BREAKOUT OF THE RESPECTIVE ITEMS INVOLVIl~IG TRENCHING AND WILL NOT BE PAID SEPARATELY. THEY ARE NOT TO BE CONFUSED WITH BID ITEMS IN THE SCHEDULE OF PRICES, NOR BE CONSIDERED ADDITIONAL WORK. IN ORDER TO BE CONSIDERED RESPONSIVE, THE PROPOSERS MUST COMPLETE* THIS FORM, Y.E. IDENTIFY THE COSTS AND METHODS SUMMAI~T7FD BELOW, SIGN AND SUBMIT IT WITH THEIR BID DOCUMENTS. *COMPLETION REQUIltES PROPOSERS TO FILL IN THE APPROPRIATE DETAII,S UNDER THE FOLLOWING HEADINGS: Descri tion Unit Quanti Unit Price Extended Price Method L~ r~s ~~~ . i cx~ i15 f2e Stc~Qe. 1 Lt=- ~,~ 2c~ ". CCU (1S ~ ~c lr~~e'r, L~ THIS PAGE TO BE SUBMITTED AI/ONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE TSA - X Authorized Signature of Proposer SAFETY PROGRAM COMPLIANCE Safety is a high priority in the conducting of business in the City of Boynton Beach. Preference shall be -given to contractors with an established safety program following O.S.H.A. guidelines, and documented results establishing a safe working environment. 1. Bidder shall provide a copy of the Safety Program{s) to be in effect for the duration of the Contract- (attach to the back of this form). 2. The City reserves the right to conduct periodic safety inspections of the contractor, subcontractor, employees, agents, etc. throughout the duration of the Contract. 3. The City reserves the right to terminate the Contract where it is determined that the contractor or subcontractor is in non-compliance of the safety terms, regulations or requirements established by O.S.H.A. or the State. As the person authorized to sign the statement, I certify that this firm complies fully vcrith the above requirements. THIS PAGE TO BE SLBMITTED ALONG WITH PROPOSAL IN ORDER ~'OR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 5PC - 1 AUTHORLZED SIGNATURE 0 a z d w w w w W w F 0 z N v N O w 0 a w H w 0 z a 0 z w O 0 E~ a U E~ a 0 U h z w 7 z w D z a Q w a H w Q ~, z ~o ~a w ~x o¢ ~~ CI] [~ ww qo ~a z Q ~ ~ r` ~ ~ o G:, ~~ rl w w w H F"' 0 q~ 0 N N O ``~ 0 0 z [~. ~ o ~, ~o ~ ~ ~ H .~ u o° ~ ~ ~ Q Q ~ z° w F-~ U ~' ~ ~ ~ 03 o z ~ ~ ~Q v~ ~ ~* z Q ~ v~ Q o ~ ~~~ 000 H ~ ~ a w ~ (~'` ~ ~ ~ ~ v 0 ~, o rn ~ 0 0 ~ ~~ 1 ~ ~ ~ - ~. ~~ ~ ~~ w ~ ~~ ~ ~~ Q o ~ ~~ ~~ ~~ ~~~ ~~ ~ ~ ~~ ( ~ ~ i ~ ,i~" ~ ~ m ( W W ~ ~" Ov z~ da ~z od ~W ~ F ~ ~ Aa. ~~ ~0 L37U"., AW o~~ QAU W~~ ~, z ~, o ~~ ~ p ~o ~E WW ~~ 0 ~~ ~ ~" a x~ ~~ 0 QF-cam `~,,~ ~ ~ f.T~. ®~ ~LC)~:fif~~. _ o ' ~~~ ~: -~~ DEPARTI~NT QF BUSINESS AND PRDFESSIO~FAL REGT3LATIDN '" y' COI3STRUCTI ON INDUS'T'RY L2 CENS ING 'BOARD { 8 5 D) ~ 8 7 - ~ 3 9 5 at a "~oaw~~°~c' ~.,~~}S NQRTH MON'R4F~' STRF'LTS2399-07$3 TALLAHASSEE C~.AJE~QWSKI, GARY' F CHAZ EQUIPMENT COMPANY INC $035 DSLLM.~N R17 WEST PALM PEACH ~'L 334~`~ •. 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St~l~ ~1~ - ~',~ ' 0'68.©{~~~~93 `>~G-~-~S~`~N~'t~=2`~ r~.., wig'. rT ~ ~t ~ _~ ~,_ ~ ._.l '-~;.ThB~TJNDI+"1RGROT3lSID,y~wTl~~!' &r~XCA~TATIflN CO - 11i ~:y? ~(~ (...r~ ''S:,ra ~.' - :x Y ~» - -'T~'r.~~:..'v~r ~ S"~+ f}3 r+C,,~~L ~ 1 `~ - ~~y+~ ~~ ;~ ~~ Named.;.,b~low:., ~.~'^C'ERTIF~~D ~~ .~:=.;~ r -~ . ~- - Under~Y~he -grov~:'sionfs of Chap~e~ 489 F5~~. ... ~ , - ' . - '.. Ex zx~atson date: AUG.3~,.,-..2008 ~-~ ~~k~a:t~~~ ~:. ~i~' _'"°"``~~ {'~ s ~ ~~s~.. ~....:y .„ ; ~~~ +u`',.~ - ,~:>'rFg . ~ °."~'- J.Ir vtiit" ~~.~i ~Y '~'4t •~: M~if ~',S ~ `~~ v~~~ ~~}-~ .4._-;s~ tf ~j;a~ .. 7;~ ~'fr'a' i~~i~ ~14~$",?'i ~ ~ •- ~R r~3f `~?~~- -i~ ~M}-`. 1 ~ mil"` - ,. A:~4 {~)'' i 'w l~ ~ t' $~-K~ ~ e~ ..~ S .~~~{ f 4. J~: . ~~~'~ZAJKQWSKT!* ~AIt~~~;°F ::k~~-sINC '~ 't• <;~~{~.~•~, .~7 ~`~ 4c~~+ r ~:t: ~,°_CHAZ~ EQUIRNl~NT-~'~COMPANYr .. ,, 3 3 8 0 FAIRLANE FARMS RD UNIT 16 .. ~ ~ #~~. „~f ..,. WELLINGTON;- _~ FIx~r33~;~..~, .: ~f}' ~ ~ .=,~, ~„' "~.;~~ :?_` ~~~ ~+~4,~:, `~l :i' 4` s ~ '-}:;. a: -- a i',• Sr.,^ ..~-. ,01 , "-sr 'Y~~_ ' ~' ^ ; ^ ,=;,t:, .ti:. "_~:'` -~s,;~: r :.~;;. ' ~i .~-, ~ h>~ ice,;; :~- _ -•4~ -_, .f .}~.} ?~ -_ ,.~,,: ~~ j+J3 r., ~~ - . .~ . _ ' ~/.";' ^i ' •'.J i~~'. ,~s.s~s ,>~:`~" <~ i r. ~ Kr. ;..E?: - - +iuRjr - _ .,-~". ~ _ s _ :'':{tiir't'~+.y~- ,ya~:i r'!-` ` 1 ! - ~ ._-~ .r_- - `~ ~ ~~ .T, ~: Yl~;;' h~.:J ?irt... _ '+1 Ln. 7 'ii:, ~.1-z. ~: `. ~~"-.. ~ a.`-.~:~. _ ~- ~.'i! ~„~. v.~~ ~.:, ._~ _ - -W'.=~: ar.~ 4~,~'S~MONE~~ M~FtSTXI~~~R. ,~'<~. .:-F U.~FI~ ~j ° ; . t^°-. ' :: ' i;'~''~ ,. -~f~:~ r~r ^':'~lsrSECRET`.A'FtY ' . ` GOVERNOFL.;... "~_,~'~,. pl ,PLAT AS REQUfREl:7 BY LAW} _____ ~.~ r~ ' • - G..>fY ~... psi otiaF CHAZ EQiJ1PMENT GC lNC CZA~IKOWSKI GARY 3'184 FA1RLAlVE FARMS RD #1 vVELL]NGTON FL 33494-8756 Dear BLasin~ss Qwner: This is your new occupational [icense. Please keep the upper portion for your records and detach the bottom of this form. Verify the information and display it conspicuously at your place of business, open to the view of the public. This license is in addition to acrd not in lieu of any other license required by law or municipal ordinance and is subject to regulations of zoning, health, and any other lawful authority (County Ordinance Number 72-73. Licenses may be transferred to a new owner when evidence of a safe is provided; the original license is surrendered and a transfer fee ~is paid. Licenses may be transferred to a new location when proof of zoning approval is provided; the original license is surrendered and a transfer fee is paid. Business Warne changes require a new license. This license expires on September 3g, 2d07. Renewal notices are mailed at the end of duly. If you da not receive the notLCe by the middle flf August, please }et us know, } i"1r~pA 1/hl~ l']'7G~Ie a successful year. ~~~~~ Tax Collector A. p. Bax 3353 West Palm Bach, FL 334©2353 wUVVV.pl~agov.corrsli:ax Tel: (56'1) 355-2272 Lica~se NumbeL~: 2044-d3Q72 .~'~~'{ ~' ~'r0'' "'°** [7ETACLi AL~LD dL5Pt..AY BQTTbLVL PDRTfdLY, ALYL3 KEEP UPPER P©L~TLON F€)R YO[.Li7 RECORCS "'~`* 2dd4-03072 STATE Olr FLORIDA CW-00$ PALM BEAGH COUNTY CLAS3IFICATLON occuRar~oNAL Lic~~sE EXPIRES. SEPT~IVIB;FR = 3Q- 2007 CHRZ EQtJ1t~MEIVT CO lNC ** L©CATED AT CIWIDE $985.85 CZAJICOWSI{I GARY 3180 FAIRLANE FARMS Rp #1 WELLINGTON FL 33494 Is hereby Licensed dt above address for the period beginning on the first day of October and sndLng nn the thirtLetL1 day of September to engage in the business, profession or ocee~pation of: U(4[}ERGFi0UNL7 UTILITIES CONTRACTOR CUCfl571 Ll2 PET1=R H. CARNEY TAX COLLECTOR, PALM BEACH COE~NTY TC3TAL $185.85 THIS 15 NOT ABILL - DO NQT PAY PAlt3. PBC TAx COi.LECTOR $iH5.85 OCC B59 Q35541 09-94-2flfl6 TFflS LICENSE VALID ONLY WhIEN RECEIPTEE3 BY TAX COLLECTOR2 IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA WAIVER REQUEST FOR DELRAY BEACH CLUB APARTMENTS ASSOC., INC. ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA 1. This waiver request has come before the City Commission on August 4, 2009. 2. The Applicant and City staff presented documentary evidence and testimony to the City Commission pertaining to the waiver request for Delray Beach Club Apartments. All of the evidence is a part of the record in this case. Required findings are made in accordance with Subsection I. I. WAIVER: Pursuant to LDR Section 4.6.9(D)(3)(c)(2), awaiver is required to reduce the minimum required stacking distance of 100' to 70' at the main entrance and 100' to 66' at the south entrance. Pursuant to LDR Section 2.4.7(8)(5), prior to granting a waiver, the approving body shall make a finding that the granting of the waiver: (a) Shall not adversely affect the neighboring area; (b) Shall not significantly diminish the provision of public facilities; (c) Shall not create an unsafe situation; and, (d) Does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. Does the waiver of Section 4.6.9(D)(3)(c)(2) comply with the requirements of 2.4.7(8)(5)? Yes No 3. The City Commission has applied the Comprehensive Plan and LDR requirements in existence at the time the original development application was submitted and finds that its determinations set forth in this Order are consistent with the Comprehensive Plan. 4. The City Commission finds there is ample and competent substantial evidence to support its findings in the record submitted and adopts the facts contained in the record including but not limited to the staff reports, testimony of experts and other competent witnesses supporting these findings. 5. Based on the entire record before it, the City Commission approves denies the waiver requests to LDR Section 4.6.9(D)(3)(c)(2) with without conditions. 6. Based on the entire record before it, the City Commission hereby adopts this Order this 4th day of August, 2009, by a vote of in favor and opposed. ATTEST: Chevelle Nubin, City Clerk Nelson S. McDuffie, Mayor 2 ~I® 1993 2001 Agent: SITE PLAN REVIEW AND APPEARANCE BOARD STAFF REPORT Project Name: Project Location: Delray Beach Club Apartments Association, Inc. Delray Beach Club Apartments 2000 South Ocean Blvd. ' I~® 9993 2001 ITEM BEFORE THE BOARD The item before the Board is approval of the following aspects of a Class I site plan request to install automated gates for the Delray Beach Club Apartments, pursuant to Land Development Regulations (LDR) Section 2.4.5(G)(1)(b): O Site Plan; O Architectural Elevations; and, O Waiver Request BACKGROUND The subject property consists of the north 300 feet of the south 1600 feet of Section 28, Township 46 South, Range 43 East, lying East of the right-of-way of the Intracoastal Waterway and West of the right-of-way of State Road No. 140 Highway A1A (the "Land"). The property contains 77 separate dwelling units, which consist of fifty-three (53) apartments, eighteen (18) townhouses, four(4) penthouses, and two (2) terrace homes. The property is zoned RM (Multiple Family Residential) and is located south of Linton Blvd. between the Intracoastal Waterway and State Road A1A. The action before the Board is a recommendation to the City Commission of a waiver request to allow a reduction in the required stacking distance, and approval of architectural elevation changes associated with the installation of automated gates. DEVELOPMENTPROPOSAL The development proposal consists of the following: Installation of automated barrier arms, call box and tele-entry at main entrance. Automation of existing gates with tele-entry and addition of barrier arms at north exit and south entrance with vehicle transponders. The Class I site plan application also includes the following waiver requests: A waiver to reduce the minimum required stacking distance of 100' to 70' at the main entrance and 100' to 66' at the south entrance. The required stacking distance is measured from the first point of transition for each lane of a drive-thru facility and in advance of all guardhouses and security gates [LDR Section 4.6.9(D) (3) (c) (2]. SPRAB Staff Report Delray Beach Club Apartments (Entrance Gate) - Class I Site Plan Modification Page 2 REQUIRED FINDINGS Pursuant to LDR Section 2.4.5(G)(1)(a), aClass Isite plan modification is a modification to a site plan which requires no review of the Performance Standards found in LDR Section 3.1.1, but which requires action by a Board. LDR Section 2.4.5(G) (5) (Findings): Pursuant to LDR Section 2.4.5(G) (5), formal findings are not required for a Class I or II modification. SITE PLAN MODIFICATION 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. Vehicular Stacking Distance: Pursuant to LDR Section 4.6.9(D)(3)(c)(2), provisions must be made to provide for 100' of clear stacking from the first point of transition for each lane of adrive-through facility and in advance of all guardhouses or security gates. The stacking distance from the main entrance gate and callbox, and the south entrance gate, does not meet the minimum stacking distance. The proposed stacking distance for the incoming traffic from the public street at the main entrance gate is approximately 70'. The stacking distance from the proposed south entry gate is 66'. The north exit will not require a waiver, as this current two-way access will become an egress only with this site plan modification. The applicant has requested a waiver to the minimum stacking distance at both entrances. 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. The applicant has provided the following justification with regard to the waiver request: Currently, all traffic must enter and exit through the main gate driveways. This has created a problem due to vehicles entering the exit lane, which has created a safety concern. The request to install "arms" at both the entrance and exit will serve a number SPRAB Staff Report Delray Beach Club Apartments (Entrance Gate) - Class I Site Plan Modification Page 3 of purposes, not the least will be safety. At this entrance it will require that vehicles stop to be identified, as opposed to being able to drive through without stopping to be checked in. Additionally, we intend to add automation to the already existing gates on the north and south sides of the property. Currently these gates remain locked except for occasional manual unlocking and opening for access by moving vans, lawn crews, large maintenance vehicles and fire engines that cannot enter through the main entrance due to their size and weight. By adding automation to the side gates a number of conditions are improved. It will allow the unit owners to enter automatically by virtue of the "transponder" that will be installed in each resident's vehicle. This one improvement alone will reduce the load and "stacking" potential at the main gatehouse by a significant amount since most of the traffic is the residents. In addition, the Fire Dept. will then have a 24 hour access with the planned installation of a "Knox Box" at each of the gates. Currently, a maintenance man or the guard on duty must run to the side gates to unlock or open them in case of emergency. With the installation of the automation of the side gates (north and south) along with the installation of the main gate house arms, the people on the property should be safer, more secure and be afforded much less congestion at the main, and currently only entrance. The "queuing" or stacking will be greatly reduced from what currently exists since the unit owners will have unobstructed entry through the south gate, as described, thereby reducing the traffic at the main entrance to guests and vendors only. This will reduce the need for most, if not all, of the queuing requirements. Pursuant to LDR Section 4.6.9(D) (3) (c), provisions are to be made for stacking such that traffic will not backup into the public street system. The development has one ingress/egress onto A1A, with two possible means of ingress/egress at the north and south ends of the property. The development, which contains seventy-seven (77) dwelling units, will find relief by automating the north and south gates. The waiver will not adversely affect neighboring properties or diminish the provision of public facilities. The waiver would also be supported under similar circumstances and therefore will not result in the grant of a special privilege. Consequently, a positive finding with respect to LDR Section 2.4.7(B) (5) can be made. ARCHITECTURAL ELEVATION ANALYSIS LDR Section 4.6.18(E) -Criteria for Board Action: The following criteria shall be considered, by the Site Plan Review and Appearance Board (SPRAB), in the review of plans for building permits. If the following criteria are not met, the application shall be disapproved: (1) The plan or the proposed structure is in conformity with good taste, good design, and in general contributes to the image of the City as a place of beauty, spaciousness, harmony, taste, fitness, broad vistas, and high quality. (2) The proposed structure, or project, is in its exterior design and appearance of quality such as not to cause the nature of the local environment or evolving environment to materially depreciate in appearance and value. SPRAB Staff Report Delray Beach Club Apartments (Entrance Gate) - Class I Site Plan Modification Page 4 (3) 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 proposed architectural elevation changes involve the installation of two (2) barrier arm gates with Telentry Units and accompanying Knox Boxes at the main entrance/exit, which will be mounted on the outside of the guardhouse. The south entry will retain the existing swing gate, while installing a Telentry Unit and accompanying Knox Box. The north exit will utilize the existing swing gate with new barrier arm gates and Knox box. The elevation changes will not adversely affect the surrounding area and will not materially depreciate the neighboring areas. Based on the above, positive findings can be made with respect to LDR Section 4.6.18(E). ALTERNATIVE ACTIONS A. Continue with direction. B. Approve the Class I site plan modification, Delray Beach Club Apartments, based u Development Regulations. architectural elevations, and waiver request for ion positive findings with respect to the Land C. Deny the Class I site plan modification, architectural elevations, and waiver request for Delray Beach Club Apartments, based upon a failure to make positive findings with respect to the Land Development Regulations. RECOMMENDATION By Separate Motions: Waiver Requests: Move a recommendation of approval to the City Commission of the waiver request to LDR Section 4.6.9(D) (3) (c) (2) for the reduction in the required stacking distance from 100' to 70' feet and 100' to 66' between the public street and the first point of transition for each lane and in advance of all guardhouses or security gates, by adopting the findings of fact and law contained in the staff report, and finding that the request is consistent with LDR Section 2.4.7(B) (5). Architectural Elevations: Move approval of the architectural elevations for the Delray Beach Club Apartments by adopting the findings of fact and law contained in the staff report, and finding that the request is consistent with the criteria set forth in Section 4.6.18(E) of the Land Development Regulations. Prepared by: Michael Vinci, Planner Attachments: Site Plan, Waiver Request, and Architectural Elevations W ~ P- Q DEL-HAVEN DR. L I N T O N B O U L E V A R D DEL ~ J H RBOUR S. OCEAN CONDO MC CLEARY ST. Q ~ CASA PLAYA CONDO ~ Q DEL HARBOUR DR. EVE STREET ~ Q U PENTHOUSE DELRAY CONDO Q ~ ~ ~ OUTRIGGER CONDO APT O FOUNTAIN HOUSE ~ TROPIC BOULEVARD ~ z Oa OUTRIGGER SOUTH CONDO FOUNTAIN HOUSE S. ~ z ~ DELRAY BEACH p CLUB APT Q BOLENDER STREET C~N~~ ~ D' ~ BER uDA BERMUDA HIGH . ~ ROA CONDO ~ ALLAMANDA DRIVE W E- BERMUDA HIGH ~ BERMUDA HIGH Q SOUTH CONDO ~ WEST CONDO ~ cn BANYAN DRIVE COSTA DEL REY COASTAL NORTH CONDO HOUSE CONDO CYPRESS DRIVE COSTA DEL REY COURT OF CONDO DELRA Y CONDO DELRAY VILLAS r° ` N DELRAY BEACH CLUB APARTMENTS , ' SUBJECT PROPERTY / ~ ~ ~ ~~~ ~ 0 2000 S. OCEAN BLVD. ~ a PLANNING AND ZONING 12 43 46 28 34 003 1080 LOCATION MAP ,~~ ,: . DEPARTMENT - - - - - - -- D/G/TAL BASE MAP SYSTEM -- MAP REF: S:\Planning & Zoning\DBMS\File-Cab\Z-LM 1001-1500\LM1132_Delray Beach Club Apartments v Q ~ I~ 1) :I ' t t :. :. v. $a~si ~ • r~ I, ~.~'i ~ s~ ~ ~ '. ~ ~ -. ^ c W ~.. {- 1s"lvyy'• NnMOq d 6'4'YE~ N.wu]tl --3" ~' ~ ' ~I r ~' ~ Y„ ~. ~ r f ~ .. ._ a .. .. Z ~ ~ 5 _ a- ~ : >• -~ ~ ~ cam. it ~ av ~'~ m - i m, r x~ a x . t E ... _~ '}~. _ .~•p _... •,~Q•_ k• .U. t7t9 y i ~ . ~- i C7 ev 6 tis p UQ'~ ~ 00^a- °° b 4 ~ r ~ ~~~` ~ --.. .... f - , .~ x a - o - L c~ w t 4 y CF } J ~ - .., }. ,~ a N. ~ X -i° ~, a , `IV, y • --° ~ i _ " i r.. .._ .. ~ --'r ~ ;- PATRICIA HI=ALY-CiDLEMBE 20D0 south pcean Blvd. #301-3D2 Delray Beach irlorida 33483-6410 July 27, 20{}9 Delray Seach City Commission 100 NW First Avenue Delray Beach, Florida 33444 Re: Gate Waver for Delray Beach Club Apartments Gentlemen: ~~'"~ ~ ~ r ~ ~ ~_ r j °~~ ~ 4 _ ~~~ ~JU~ '~ ~00~ ~ ~J L. if' ~y j \~ 1 1 4 ~.:I CR :~. d I Since I cannot attend the August 4~' meeting of the City Commission, I am writing this letter to request denial of the main gate waiver at the Delray Beach Club Apartments. I have resided at the complex for 20 years and my husband has been an owner since 1980. I have also served on the board of our apartments, and the main gate issue has been the most controversial issue discussed at our association meetings, A majority of our owners are not opposed to the automation of the existing north and south gates. Indeed, automation of those gates will make ingress and egress easier for owners and will assist the guard in opening those gates for heavy vehicles not permitted on the upper deck. We have 77 units in our complex which was designed specifically for 24 hour guard service -many owners purchased their apartments because of 24 hour guard service. What we are opposed to, is losing our guard service if the main gate waiver is granted. Our security guards have always played a major role in servicing the apartments: directing emergency personnel when residents require medical assistance, particularly at night and directing heavy vehicles to use the side service gates. The upper parking area was designed to only accommodate passenger vehicles and light pick-up trucks. Without supervision from a guard, an overweight vehicle could drive onto the upper deck and fall through, damaging the deck, the autos below and possibly injuring or (tilling someone in the underground parking area. I was out of town when the City's staff called to notify me of the July $tn meeting of the Site Plan Review and Appearance Board. When I returned, I was given an opportunity to listen to the recording of the Board's discussion of the gate project. I was disappointed that we did not have representation at the meeting in opposition to this issue -- the only person in attendance was our properly manager Mr. Richard Garlen. During the meeting, Jerome Sanzone, a Site Plan Board member brought up the question of inadequate turnaround space in the event that an owner did not respond to a request for entrance to the property. Mr. Sanzone has had experience entering many condominium complexes. He was concerned about people coming off A1A, waiting for a response from the owner to open the gate and having no way to turn around with cars staclang behind on A1A should there be no response. The members of the Board were also concerned and asked the Manager if there would still be a guard? Mr. Garlen responded, under oath, "yes." In fact, there will no longer be 24 hour guard service at our complex if the main entrance gate waiver is approved. When listening to the recording of the meeting, one could tell that the Board's concern about the main gate turnaround seemed to be satisfied by Mr. Garlen's response -- the permits were approved, Had Mr. Garlen been truthful about the elimination of 24 hour guard service, I am sure the Board would have continued the discussion and the request possibly would have been denied. If there had been a member of the opposition at the meeting, this deception would have been challenged and may have also changes the Board's vote. The Site Plan Board did not receive accurate information from our manager regarding the inadequate turnaround and guard service controlling the stacking on State Road A1A. This important detail should be taken into consideration when the Commission votes on the waiver for the main gate. in closing, I hope that the Delray Beach City Commission will consider approving the waiver far automation to the existing north and south gates and deny the waiver for automated entrance arms at the main gatehouse at the Delray Beach Club Apartment. Sincerely, i._ ~ 1 C ~ ~ ~~~~ ~ ~ t~~ ~. `-~ 7122109 l am concerned about several things related to the mechanization of the gates on the north and south sides of the property and the installation of gates by the guard booth. The first thing that bothers me concerns the variance hearing before the Planning and Zoning Board of the City of Delray Beach. I received nn notification of a variance hearing. I would think that as an owner at Delray Beach Club Apartments, I should have been notified, either by the City of Delray Beach or by the DBCA board, so that I might attend and voice my opinion. Am I the only one who wasn`t notified? It also concerns me that this hearing was held in the middle of summer when the majority of DBCA owners/residents are not on property. I'd like to know i~this was planned. Finally, have been told that Dick Garlen may have misled those making the decision about issuing a variance that the property will continue to have 24-hour guard service after the gates are installed and operational. Unless there have been drastic changes made to the original plan, my understanding is that we will only have a guard Monday through Friday from 8 a.m. to 5 p.m. once the gates are operational. At ail other times, the guardhouse will be vacant, If Mr. Garlen did in fact intentionally mislead the city, does the DBCA board condone his actions? The other thing that concerns me about the plan to mechanize the north and south gates, install gates at the guard booth and have the booth occupied weekdays only from 8 a.m. #0 5 p.m., is the safety issue. I see a couple of problems here. From what !have seen driving along US 1 and A1A, most of the communities with gates and either no guard booth or an unoccupied guard booth, provide egress and ingress from a side street, not directly onto the major thoroughfare, or have a turn around area between the call box and the gate, We don't have access to a side street from our property, which rules out the former. We don't have the room for the latter. That means that anyone who can't access the property because of a malfunction of the gates or because the resident they want to visit isn't responding, will have to back onto Af A, From the current guard booth area, we have a slope. From both the guard booth area and the side gates, we have very poor sight lines, even when approaching the road driving forward. The situation becomes worse when backing onto Al A. It will only take one accident involving a motor vehicle, a bicyclist or a pedestrian for the question to be asked why the city allowed this situation to exist. Ask the UPS and Fed-Ex drivers if they want to be backing down the driveway, or backing onto Al A, during the holidays when it is dark and they are running late with their holiday deliveries. They may make their deliveries early during the summer, but during the season, and especially during the holidays, they are more likely to arrive well after 5 p.m., when the guard is gone. And the UPS policy all year is that they can deliver up until 7 p.m. ~~~~~.1~,~~~~~~~~~~e f .~~~ ~~~~~» I~ Page 2 The proponents of the gate system will tell you that no one will get stuck at the gates because residents will be able to use their cell phone to grant access, even when off the property. What ifi they are indisposed and can't get to the phone, went to pick up their mail and didn't take their cell phone with them, left their cell phone in the car, ar simply didn't hear it. You may want to think that it never will or can't happen. But the reality is that it can and very well may happen. You may want to think that there never will be an accident resulting from someone backing away #rom the gate to go onto Al A, that it will not result in a pedestrian or bicyclist being struck. But the reality is that it can and very well may happen. What then? Who is responsible? hope the Planning and Zoning Board members and the City of Delray Beach will give this issue serious consideration be#ore creating such a potentially dangerous situation. Cordially, ~~~ k. Patricia K. Luff William J. Callahan 2000 South -Ocean Boulevard, #706 Delray Beach, Florida 33483-6483 561-330-2282 Fax: 561-330-6280 ~~ .~u~ ~~~ ~o~~~ July 22, 2D09 Delray Beach Commissioners 1 DO NW First Avenue Delray Beach, FL 33444 Dear Commissioners, ~~ ,lUt 2 ~~ ~4~9 CITY C4MMISSI4N G~ J P~ ~ ~ ~ This letter is to state my unhappiness at doing away with 2417 Guards at the Delray Beach Club Apartments and installing dangerous enterance and exit gates to be used after 5 PM and Week-ends. The Condo board wishes to install an enterance gate at the South end of the property when turning off South Ocean Boulevard and exit gates at the North end of the property to turn onto South Ocean Boulevard. If more than one car wishes to enter at one time, the other car or cars will back up onto the Boulevard and permit a dangerous obstacle on the street. The same will occur if they wish to enter next to the vacant Guard house as no guards will be on duty after 5 PM till 7 AM and all week-end. There will also be a gate or arm here for visitors #o call owners and have it opened for them. I ask that you deny the Condo these dangerous gates. Many thanks. Sincerely, ~~ William J. Callahan ec: Jerry Sanzone IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA CONDITIONAL USE REQUEST FOR CAFE AU PLAY RECREATIONAL ESTABLISHMENT AT 3003 SOUTH FEDERAL HIGHWAY ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA 1. This conditional use request for Cafe Au Play Recreational Establishment at 3003 South Federal Highway has come before the City Commission on August 4, 2009. 2. The Applicant and City staff presented documentary evidence and testimony to the City Commission pertaining to the conditional use modification request for Cafe Au Play. All of the evidence is a part of the record in this case. Required findings are made in accordance with Subsections I and II. I. COMPREHENSIVE PLAN a. Comprehensive Plan -Future Land Use and Map: Is the future use and intensity of the development consistent with the future land use map and comprehensive plan and is it appropriate in terms of soil, topographic, and other applicable physical considerations, complementary to adjacent land uses, and fulfills remaining land use needs, subject to the attached conditions? Yes No b. Concurrence: Concurrency as defined pursuant to Objective B-2 of the Land Use Element of the Comprehensive Plan must be met and a determination made that the public facility needs of the requested land use and/or development application will not exceed the ability of the City to fund and provide, or to require the provision of, needed capital improvements for the following areas: Are the concurrency requirements met, subject to the attached conditions, as respect to water, sewer, drainage, streets and traffic, parks, open space, solid waste and schools? Yes No II. LDR REQUIREMENTS: LDR Section 2.4.5(E) Required Findings: (Conditional Use): Pursuant to Section 2.4.5(E)(5), in addition to provisions of Chapter 3, the conditional use will not: i. Have a significantly detrimental effect upon the stability of the neighborhood within which it will be located; ii. Hinder development or redevelopment of nearby properties. Will the requirements of LDR Section 2.4.5(E) and Chapter 3 be met, subject to the attached condition(s)? Yes No 3. The comments and notes set forth in the staff report are hereby incorporated herein. 4. The City Commission has applied the Comprehensive Plan and LDR requirements in existence at the time the conditional use request was submitted and finds that its determinations set forth in this Order are consistent with the Comprehensive Plan and Land Development Regulations. 5. The City Commission finds there is ample and competent substantial evidence to support its findings in the record submitted and adopts the facts contained in the record including but not limited to the staff reports, testimony of experts and other competent witnesses supporting these findings. 6. Based on the entire record before it, the City Commission approves denies the conditional use request subject to conditions attached hereto and 2 hereby adopts this Order this 4th day of August, 2009, by a vote of in favor and opposed. Nelson S. McDuffie, Mayor ATTEST: Chevelle Nubin City Clerk 3 Conditions Related to Cafe Au Play Recreational Establishment Conditional Use No consumption or sale of alcohol on the premises. 2. Cafe accessory to play area will not be operating when the play area is closed. 3. Upgrading of the site landscaping to comply with approved landscape plan. 4 PLANNING AND ZONING BOARD CITY OF DELRAY BEACH ---STAFF REPORT--- MEETING DATE: July 20, 2009 AGENDA ITEM: Iv.A ITEM: Conditional Use Request for 3003 South Federal Highway to Allow a Recreational Facility on the outparcel within the South Delray Shopping Center, located on the east side of SE 6th Avenue (northbound Federal Highway), north of Lindell Boulevard. GENERAL DATA: Applicant ........................ SLTM Properties, LLC Agent ......................... Les H. Stevens, Esq. Location .......................... South Delray Shopping Center (Outparcel) located on the east side of SE 6t" Avenue (northbound Federal Highway), north of Lindell Blvd. Property Size .................. 0.52 acres Future Land Use Map..... GC(General Commercial) Current Zoning ............... PC (Planned Commercial District) Adjacent Zoning....North: PC (Planned Commercial District) East: PC (Planned Commercial District) South: PC (Planned Commercial District) West: AC (Automotive Commercial District) Existing Land Use.......... Vacant Hollywood Video Retail Space Proposed Land Use........ Conditional Use Request to establish a Recreational Facility in the Planned Commercial District. Water Service ................. Existing on site. Sewer Service ................ Existing on site. IV.A. ITEM BEFORE THE BOARD The action before the Board is making a recommendation to the City Commission on a request for Conditional Use approval to establish a Recreational Establishment at 3003 South Federal Highway, pursuant to Section 2.4.5(E). The subject property is located north of Lindell Blvd. on the east side of Federal Highway, and is an outparcel within the South Delray Shopping Center, and is zoned Planned Commercial (PC). BACKGROUND The subject property consists of Parcel "B" of the South Delray Shopping Plaza and contains .52 acres. The South Delray Shopping Center property was annexed into the City of Delray Beach on September 13, 1983 and zoned SAD (Special Activities District). In 1990 the property was rezoned to PC (Planned Commercial). The overall shopping center contains 91,380 square feet of commercial retail development including World Gym, Silk Garden, and other retail establishments. Two separate out parcels are occupied by Mobil Gas Station (Parcel A) and former 7,452 square foot Hollywood Video store (Parcel B) [subject parcel]. At its meeting of August 9, 2006, the Site Plan Review and Appearance Board (SPRAB) approved a Class IV Site Plan Modification to construct a new three tenant out-building development within the shopping center parcel (parcel C). The proposed development consisted of a Starbucks Coffee shop with adrive-thru and outdoor dining area, two other commercial tenants, a redesign of the adjacent parking area, and a redesign of the rear parking area behind World Gym, with fagade and parking upgrades. The Hollywood Video use has vacated the 7,452 square foot building in parcel "B" and a conditional use application has now been submitted to establish a Recreational Facility in the building, and is now before the Board for action. PROJECT DESCRIPTION The conditional use request is to establish a Recreational Facility. The proposal includes the following: ^ Establishment of a Recreational Facility within the 7,452 square feet outparcel of the South Delray Shopping Plaza, previously occupied by Hollywood Video. ^ The improvements are internal and no exterior upgrades to the building, landscape areas, or parking areas are proposed. The hours of operation will be 9:00 a.m. to P & Z Board Staff Report 3003 South Federal Hwy. -Conditional Use Request for a Recreational Facility Page 2 6:00 p.m. Monday through Friday, and 8 a.m. to 9 p.m. on the weekends. The proposed use will employ between 5-8 people. The applicant has provided the following narrative that describes the use: "Cafe au Play is an entertainment center combining recreation, entertainment, and cafe facilities. The basic focus is children's play and fitness at a safe, clean, climate- controlled, supervised environment. The indoor playpark is based on the premise that if you set a large number of children inside a safe, yet challenging, imaginative soft playground area, they are going to have fun. They are also going to develop basic motor skills, social skills, muscle tone, and self-confidence. Last but not least, parents can enjoy hours of quiet time while having access to TV/computer screens providing high speed Internet (wired or wireless) and a varied gourmet menu of fine food and drink. Cafe au Play will differentiate itself in the marketplace on its appeal on providing a stimulating indoor environment for children to play in, while adhering to the strictest quality control standards emphasizing excellence in safety, security, food quality, cleanliness, and fun. Cafe au Play will provide a safe, clean, and stimulating environment for children of all ages to play in and explore. Cafe au Play supervised, visually open play area will ensure children's safety, while challenging them to interact, explore, and have fun. The entire facility is 7,500 square feet. Approximately, 5,500 square feet will contain the custom designed play structures, racetrack with battery-operated cars, an area with several interactive games, and bounce house. The balance of the facility will be the parents' lounge, sectioned off by a glass partition which will contain a small play area for creepers and crawlers, a cafe serving pre-packaged salads, sandwiches, quiche, baked goods, coffee bar and other cold beverages with seating to accommodate 64 persons at a time (16 tables x 4), and a display of merchandise for purchase. All play areas will have soft indoor play park equipment with extensive padding and no sharp edges. For family celebrations, such as birthdays and special occasions, Cafe au Play will offer space hosted by staff to provide a child everything he/she would want in a birthday - several hours of supervised fun, food and beverage, and more depending on the desired package. Cafe au Play's mission is for playtime to be as rewarding for the parents as it is for the children. Cafe au Play indoor recreation playpark will entail: • children must be accompanied by an adult • no shoes allowed in play area -socks only • each adult and child admitted to Cafe au Play will receive acolor--coded wristband identifying him/her with rest of the party. To further promote security, each person's P & Z Board Staff Report 3003 South Federal Hwy. -Conditional Use Request for a Recreational Facility Page 3 wristband will only be removed when the entire party is present together at the exit desk. • trained staff will supervise the play area at all times to ensure safety and security • the play area will hold various custom-designed structures which will be comprised of a series of colorful tubes, slides, balls, climbing structures, obstacle courses, ramps, and stairs • the play area will have a race track around the perimeter where kids can ride on battery-operated cars • a small play area within the parents' lounge will cater to creepers and crawlers and consist of cushions, ramps, a small ball pit, and toys • Although the parents' lounge will be partition off, parents will be able to easily view their children through the glass window as well as via an All-in-One PC to be set up at each table (i.e. HP TouchSmart IQ500t series) •parents' lounge will have the following TV/computer screen features: - Satellite TV - DVD Player - Touch Screen Computer - Wireless Keyboard and Mouse - Headphone Jack for Privacy Viewing - Productivity Software Installed - Computer Games Installed - High Speed Internet - View All Cameras installed in Children's Lounge • a gourmet, healthy cafe serving daily pre-packaged sandwiches, salads, quiche, freshly baked pastries supplied by Cote France Bakery, of Boca Raton, FL, pasta bowls from Arturo's Ristorante, of Boca Raton, FL, selection of gourmet coffee, latte, cappuccino, tea and other cold beverages. Quality and preservation of food will abide by the strictest of state law and guidelines and will remain in our commercial refrigerators, that serves as a display." The applicant's narrative attempts to explain how this use meets the definition of "Recreational Establishment" as indicated in the City of Delray Beach Land Development Regulations (LDR) Section 4.4.9 (D) (12). A Recreational Establishment's main purpose is to provide the general public with an entertaining activity where fees are collected for the activity. Examples include, but not limited to, gymnasiums, bowling alleys, health spas, etc. The proposed use is closely related to a health club/ gymnasium, and therefore meets the criteria of a recreational establishment. P & Z Board Staff Report 3003 South Federal Hwy. -Conditional Use Request for a Recreational Facility Page 4 It is noted, that no alcoholic beverages are to be consumed or sold on the premises, and under no circumstances shall the proposed accessory Cafe be able to operate independently of the play area, and thus, will be attached as conditions of approval. In addition, upgrading of the exterior and landscaping will be required during the site plan approval process. CONDITIONAL USE ANALYSIS CHAPTER 3 (REQUIRED FINDINGS): (Performance Standards -L.O.S.) Pursuant to Section 3.1.1 (Required Findings), prior to the approval of development applications, certain findings must be made in a form which is part of the official record. This may be achieved through information on the application, the staff report, or minutes. Findings shall be made by the body, which has the authority to approve or deny the development application. These findings relate to the following four areas. FUTURE LAND USE MAP: The use or structures must be allowed in the zone district and the zoning district must be consistent with the land use designation. The subject property has a GC (General Commercial) Future Land Use Map (PLUM) designation and is zoned PC (Planned Commercial). The PC zoning is consistent with the GC land use designation. The proposal is to establish a recreational establishment within the existing shopping center. Pursuant to the LDR Section 4.4.9(D) (12), within the GC zone district, recreational establishments are allowed as a conditional use. Based upon the above, a positive finding can be made with respect to consistency with the Future Land Use Map designation. CONCURRENCY: Facilities which are provided by, or through, the City shall be provided to new development concurrent with issuance of a Certificate of Occupancy. These facilities shall be provided pursuant to levels of service established within the Comprehensive Plan. The conversion of the property to a recreational facility will not have an impact on water, sewer, parks and recreation, drainage or schools. Solid Waste: The previous use of a video store generated 38.2 tons of solid waste per year. The proposed recreational facility would generate 15.3 tons of solid waste per year. This equates to a net decrease of 22.9 tons of solid waste per year. The Solid Waste Authority forecasts that capacity will be available at the existing landfill through approximately the year 2021. Traffic: P & Z Board Staff Report 3003 South Federal Hwy. -Conditional Use Request for a Recreational Facility Page 5 The existing floor area and the reuse of space within an existing shopping center does not require a traffic study or statement. The applicant has provided the following statement relating to traffic generation; "The prior use (Video Store) generated multiple short trips by customers. The intended customer for the new use, (Recreational Facility) are parents with children under the age of twelve who will spend on average, between one and two hours at the location. Therefore, the number of trips generated are anticipated to be significantly less. CONSISTENCY: Compliance with performance standards set forth in Chapter 3 and required findings in Section 2.4.5(E) (5) for the Conditional Use request shall be the basis upon which a finding of overall consistency is to be made. Other objectives and policies found in the adopted Comprehensive Plan may be used in making a finding of overall consistency. A review of the objectives and policies of the adopted Comprehensive Plan was conducted and no applicable objectives or policies were found. COMPLIANCE WITH LAND DEVELOPMENT REGULATIONS: Along with the Conditional Use request, a floor plan has been submitted and reviewed by staff. The following regulation relates to the proposed Recreational Facility. Parking: Pursuant to LDR Section 4.6.9(3) (a), general commercial uses must provide 4.5 parking spaces per 1,000 feet of gross floor area. The gross floor area of the subject property measures 7,500 square feet. The parking requirement for the proposed use of recreational facility is 34 spaces (7,500 x 4.5= 33.75). There are currently 23 parking spaces on site, which indicates a parking deficiency of 11 spaces. There currently exists a Reciprocal Easement Agreement which provides for cross parking availability between the owners of the subject property and the shopping center in which it is located. It is noted, that within approximately sixty (60) feet, there are fourteen (14) additional spaces available which will accommodate the required spaces. Thus, the parking requirement has been met. The existing landscaping is in disrepair and needs to be improved. Replacement of material is needed to bring the site consistent with the approved landscape plan, and is attached as a condition of approval. SECTION 2.4.5(E) REQUIRED FINDINGS: (Conditional Use) P & Z Board Staff Report 3003 South Federal Hwy. -Conditional Use Request for a Recreational Facility Page 6 Pursuant to Section 2.4.5(E) (5) (Findings), in addition to provisions of Chapter 3, the City Commission must make findings that establishing the conditional use will not: A. Have a significantly detrimental effect upon the stability of the neighborhood within which it will be located; B. Nor that it will hinder development or redevelopment of nearby properties. The following zoning designations and uses border the property: Direction Zoning Uses North PC Retail Store South PC South Delray Shopping Plaza (Parking Lot) East PC South Delray Shopping Plaza West AC Sherwood Honda (Across Federal Hwy.) The proposed recreational facility will not create incompatibilities with adjacent properties nor existing uses in the shopping center. Based on the above, a positive finding can be made that the proposed Recreational Facility use will not have a detrimental effect on the stability of the neighborhood. REVIEW BY OTHERS The subject property is not in a geographical area requiring review by the DDA (Downtown Development Authority) and CRA (Community Redevelopment Agency). Courtesy Notices: Special courtesy notices were provided to the Neighborhood Advisory Council: • Tropic Bay • Tropic Harbor • Tropic Isle • Pelican Harbor • Tropic Palms • Pelican Pointe Public Notice: P & Z Board Staff Report 3003 South Federal Hwy. -Conditional Use Request for a Recreational Facility Page 7 Formal public notice has been provided to property owners within a 500' radius of the subject property. Letters of support and objection, if any, will be presented at the Planning and Zoning Board meeting. ASSESSMENT AND CONCLUSIONS The proposed use will not generate nuisances to the adjacent commercial tenant spaces or the surrounding properties. The proposed recreational facility use is consistent with Chapter 3 of the Land Development Regulations and the policies of the Comprehensive Plan. Positive findings with respect to LDR Section 2.4.5(E) (5) (Conditional Use Findings) can be made. ALTERNATIVE ACTIONS 1. Continue with direction. 2. Recommend approval of the conditional use request for a Recreational Facility for 3003 South Federal Highway based upon positive findings with respect to Chapter 3 (Performance Standards) and Section 2.4.5(E)(5) (Required Findings) of the Land Development Regulations, and the policies of the Comprehensive Plan subject to conditions. 3. Recommend denial of the conditional use request for a Recreational Facility for 3003 South Federal Highway based upon a failure to make positive findings with respect to Section 2.4.5(E)(5) (Conditional Use Findings) of the Land Development Regulations, that the proposed use will hinder development or redevelopment of nearby properties. RECOMMENDED ACTION Recommend to the City Commission approval of the conditional use request for a Recreational Facility for 3003 South Federal Highway, based upon positive findings with respect to Chapter 3 (Performance Standards) and Section 2.4.5(E)(5) (Required Findings) of the Land Development Regulations, and the policies of the Comprehensive Plan, subject to the following conditions: 1. No consumption or sale of alcohol on the premises. 2. Cafe accessory to play area will not be operating when the play area is closed. 3. Upgrading of the site landscaping to comply with approved landscape plan. Attachments: Floor Plan Report prepared by: Michael Vinci, Planner Ref File: 96-006 ~ Il II 0 ~- El fl X ll1 _'~ r~, _' fi ~-. ~o _~ J FOUND I.P. 6 CAP Nq ID. 0/S O.S2'S TELE 6,71'11 RISER N 7,00' m \ ~ CONC. N ~~! LIGHT POLE 0.00' -'% /' i.i j i ~ W Z Q r J 11 J q V ~ _ ~ 'T' d O YY N {a Q = r °z I W Q 7' ADDITIONAL R/N ~~ NOT INCLUDED i. /; x ~~ (~ %, O ~ O J ~ O ~ W ! , ., U IV~~AI~~ENIJE J ASPHALT CONC. CURB LIGHT POLE p S 81°42'08` E 143,00' /, 1 STORY CBS COMMERCIAL BUILDING 'HOLLYWOOD VIDEO' #3003 PARCEL 'B° ~ ~ i loe is ~y1 WO Z I CUN in 000 LIGH CONC. o POL LIGHT p t~ FF~ POLE ~TT1 CATCH CATCH BASIN BASIN FOUND 1/2' ],R. N^ ]D. , ^/S 7.0'W T ASPHALT 6 N 81°42'08` W 143,00' CONC. p LIGHT POLE PARCEL °C° VOTES: 1. UNLESS OTHERWISE NOTED FIELD MEASUREMENTS ARE IN AGREEMENT WITH RECORD MEASUREMENTS. 2. BEAARINGS SHOWN HEREON A~2E BASED ON A BEARING OF S81'42'D8"E LONG Try NOPHIA~ EACHE PARCEL '8 PLAT BOOK 4~5 COUNTY RECORDS. 3. THE LANDS SHOWN HEREON WERE NOT ABSTRACTED FOR OWNERSHIP, RIGHTS-OF-WAY, EASEMENTS, OR OTHER MATTERS OF RECORDS 8Y ACCURATE LAND SURVEYORS, iNC_ 4. THIS,$URVEY IS FOR TITLE AND MORTGAGE PURPOSES ONLY. REVISIONS DATE BY FOUND 1/2' I.R. & CAP 9.87' .'i i ~tiRE ~ /, N i j U ,/ U % Q ~/ d ~~i 6'WALL i' O j CONC. O O r J rl 2 ti 3 J~ ~~ N ~, 10.01' ~ ~_ OM W ING O i ~ , FOUND 1/2' I.R, N^ ID, ~l~l1FlCAl1(7N: THIS IS TO CERTIFY THAT I HAVE RECENTLY SURVEYED THE PROPERTY DESCRIBED IN 1NE FOREGOING PTLE CAPTION AND HAVE SET OR FOUND MONUMENTS AS INDICATED ON THIS SKETCH AND THAT SAID ABOVE _ --_ BEST NOF M YKNOW EDGE AND BELIEF.CI FURTHER CER TiFYE THATO THIS _ ;'S E A ~ `'.., SURVEY MEETS MINIMUM TECHNICAL STANDARDS UNDER RULE 67 G17-6 FLURIDA ADMINISTRA¶VE CODE, ADOPTED BY THE FLORIDA BOARD OF NOT VALID WITHOUT LAND SURVEYORS, MAY 7995, lHE SIGNATURE AND THE'ORIGIN AL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR J~~~~~ p..... (~ ~..? jJ~ AND MAPPER. ' ROBERT L. THOAIPSON (PRESIDENT) ., ! ~~ T CAT® BASIN ,~ 0 MEMORANDUM TO: Mayor and City Commissioners FROM: CANDI N. JEFFERSON, SENIOR PLANNER PAUL DORLING, AICP, DIRECTOR PLANNING AND ZONING THROUGH: CITY MANAGER DATE: July 29, 2009 SUBJECT: AGENDA ITEM 9.C. -REGULAR COMMISSION MEETING OF AUGUST 4, 2009 CONDITIONAL USE REQUEST/KAPLAN UNIVERSITY AND INSTRUCTIONAL CENTER ITEM BEFORE COMMISSION The item before the City Commission is consideration of a Conditional Use request to establish Kaplan University in the Mixed Residential Office and Commercial (MROC) zoning district within the Delray Corporate Center located at 3333 S. Congress Avenue. BACKGROUND The 2.10 acre site contains a 4-story office building which was constructed in 1987 as a part of Delray Corporate Center. The development proposal includes leasing the ground floor (10,918 sq. ft.) of the existing 4-story office building (42,920 sq. ft.) as a instructional center for Kaplan University which offers online educational certificates, Masters, Bachelors, Associates and Law degrees. Kaplan University students are generally business professionals 25-35 years old. The anticipated maximum occupancy will include 156 students, 19 full-time office staff persons and 5 part-time teaching staff persons. The student open hours will be from 6:OOpm until 11:OOpm Monday-Friday and 8:OOam- 6:OOpm on Saturdays. The part-time teacher work hours will be the same as the students. The full-time administrative staff work hours will be from 9:OOam-6:OOpm Monday-Friday. The instructional center will be closed on Sundays. Private or public educational facilities for colleges, vocational and trade schools shall provide one (1) parking space for every five (5) students which can be accommodated at maximum capacity. For the 156 students, thirty-one (31) parking spaces are required. The office uses on floors 2, 3 and 4 measure 32,002 SF and require 113.5 spaces based on the gross floor area calculation in effect when the building was built. The change of use for this conditional use requires a total of 144.5 spaces, and with 160 spaces the site complies. Kaplan University is the only tenant which will occupy the building during night and weekend hours, thus students will essentially have access to all available parking. Since Kaplan University exclusively offers online degrees, this site will enable students to visit the center for more personal, readily available access to support services. Support services will include tutoring by Kaplan University staff and use of a Resource Center for studying, test taking and group projects. It will also include use of a student common area for socializing with other students between classes. REVIEW BY OTHERS At its meeting of July 20, 2009, the Planning and Zoning Board held a public hearing in conjunction with the request. There was no public testimony in support of, or opposition to the proposal. After reviewing the staff report and discussing the proposal, the Board voted 5-0 to recommend to the City Commission approval of the conditional use, by adopting the findings of fact and law contained in the staff report, and finding that the request is consistent with Chapter 3 (Performance Standards), Section 2.4.5(E)(5) (Required Findings), and Section 4.4.29(E)(6) Educational Facilities, Training Centers and Vocational Schools, of the Land Development Regulations, and consistent with Housing Element Policy A-12.3, subject to the following conditions: 1. There are a lot of weeds in the accessway median located off of Congress Avenue. Remove all weeds and add a generous amount of mulch to all beds. 2. All of the existing palms, mostly Sabals, are in desperate need of a good cleaning. All dead fronds should be removed from the trees. Make sure not remove too many fronds from the trees. 3. There are several pole mounted `shoe-box style' fixtures throughout the parking lot. Some appear to be inoperative. Lighting at the location needs to comply with standards set forth by OPTED and Delray Beach City Code. 4. Much of the hedges and foliage needs to be cut down to a height of 2-3 feet. Tree canopies also need to be maintained to begin at 8-10 feet above grade. Both of these corrections would bring the landscaping into compliance with OPTED and City Code. 5. A fence should be installed along the east property line adjacent to the railroad tracks. Fencing is also suggested along the south property line adjacent to the SFWMD canal. This fencing is recommended in order to neutralize subsequent ambush points in the rear portion of the lot. Said fencing should comply with standards set forth by OPTED and the City Code. RECOMMENDATION Approve the conditional use request to establish Kaplan University based upon positive findings with respect to Chapter 3 (Performance Standards), Section 2.4.5(E)(5) (Required Findings), and Section 4.4.29(E)(6) Educational Facilities, Training Centers and Vocational Schools, of the Land Development Regulations, and consistency with Housing Element Policy A-12.3, subject to the conditions as listed in the staff report. IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA CONDITIONAL USE REQUEST FOR KAPLAN UNIVERSITY AND INSTRUCTIONAL CENTER ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA 1. This conditional use request to allow the establishment of an instructional center to occupy the ground floor of an existing 4-story office building located at 3333 South Congress has come before the City Commission on August 4, 2009. 2. The Applicant and City staff presented documentary evidence and testimony to the City Commission pertaining to the conditional use request for Kaplan University and Instructional Center. All of the evidence is a part of the record in this case. Required findings are made in accordance with Subsections I and II. I. COMPREHENSIVE PLAN a. Comprehensive Plan -Future Land Use and Map: Is the future use and intensity of the development consistent with the future land use map and comprehensive plan and is it appropriate in terms of soil, topographic, and other applicable physical considerations, complementary to adjacent land uses, and fulfills remaining land use needs, subject to the attached conditions? Yes No b. Concurrence: Concurrency as defined pursuant to Objective B-2 of the Land Use Element of the Comprehensive Plan must be met and a determination made that the public facility needs of the requested land use and/or development application will not exceed the ability of the City to fund and provide, or to require the provision of, needed capital improvements for the following areas: Are the concurrency requirements met, subject to the attached conditions, as respect to water, sewer, drainage, streets and traffic, parks, open space, solid waste and schools? Yes No II. LDR REQUIREMENTS: LDR Section 2.4.5(E) Required Findings: (Conditional Use): Pursuant to Section 2.4.5(E)(5), in addition to provisions of Chapter 3, the conditional use will not: i. Have a significantly detrimental effect upon the stability of the neighborhood within which it will be located; ii. Hinder development or redevelopment of nearby properties. Will the requirements of LDR Section 2.4.5(E) and Chapter 3 be met, subject to the attached condition(s)? Yes No 3. The comments and notes set forth in the staff report are hereby incorporated herein. 4. The City Commission has applied the Comprehensive Plan and LDR requirements in existence at the time the conditional use request was submitted and finds that its determinations set forth in this Order are consistent with the Comprehensive Plan and Land Development Regulations. 5. The City Commission finds there is ample and competent substantial evidence to support its findings in the record submitted and adopts the facts contained in the record including but not limited to the staff reports, testimony of experts and other competent witnesses supporting these findings. 2 6. Based on the entire record before it, the City Commission approves denies the conditional use request subject to conditions attached hereto and hereby adopts this Order this 4t" day of August, 2009, by a vote of in favor and opposed. Nelson S. McDuffie, Mayor ATTEST: Chevelle Nubin City Clerk 3 Conditions Related to Kaplan University and Instructional Center 1. There are a lot of weeds in the accessway median located off of Congress Avenue. Remove all weeds and add a generous amount of mulch to all beds. 2. All of the existing palms, mostly Sabals, are in desperate need of a good cleaning. All dead fronds should be removed from tree. Make sure not to remove too many leaves from the trees. 3. There are several pole mounted `shoe-box style' fixtures throughout the parking lot. Some appear to be inoperative. Lighting at the location needs to comply with standards set forth by CPTED and Delray Beach City Code. This will be especially important because the campus will have increasingly more student activity during the evening hours. 4. Much of the hedges and foliage needs to be cut down to a height of 2-3 feet. Tree canopies also need to be maintained to begin at 8-10 feet above grade. Both of these corrections would bring the landscaping into compliance with CPTED and City Code. 5. The rear (east) perimeter of the building sits along railroad property and there is no perimeter fencing between the two properties. Abnormal users can also access the rear parking lot from the north or south sides of the lot. Open access to the parking lot presents a security concern for students during the evening hours. Therefore, a fence should be installed along the east property line adjacent to the railroad tracks. Fencing is not recommended along the north property line in order to preserve the cross access easement between the two properties. This fencing is recommended in order to neutralize subsequent ambush points in the rear portion of the lot. Said fencing should comply with standards set forth by CPTED and City Code. 4 PLANNING AND ZONING BOARD CITY OF DE.RAY BEACH ---STAFF REPORT--- MEETING DATE: July 20, 2009 AGENDA ITEM: Iv. B. ITEM: Conditional use request to establish a student instructional center in the Mixed Residential Office and Commercial {MROC} zoning district for Kaplan University within the Delray Corporate Center located at 3333 S. Congress Avenue. GENERAL DATA: Owner ...................................... Applicant .............................. . Agent .... . . . . ........................... . Location ...................................... Property Size .............................. Existing FLUM ........................... Proposed FLUM .................... Current Zoning ........................... Proposed Zoning .................... Adjacent Zoning ................North: Delray Corporate Center, LLC Iowa College Acquisition Corp d.b.a. Kaplan University Cubellis Inc. On the east side of Congress Avenue, just north of the southern City limits 2.10 acres CMU (Congress Avenue Mixed Use) No Change MROC (Mixed Residential Office and Commercial) No Change MROC (Mixed Residential Office and Commercial) East: NIA (FEC Railroad .and I-95 Right-o#- Way) South: MROC {Mixed Residential Office and Commercial} West: RM {Multiple Family Residential} Existing Land Use ...................... Corporate Center Water Service ......................... Existing on site Sewer Service ........................ Existing on site . _. ;_ ITEM BEFORE THE BOARD The action before the Board is making a recommendation to the City Commission on a request for Conditional Use approval to establish an instructional center (Kaplan University}, pursuant to Section 2.4.5(E). BACKGROUND The 2.10 acre site contains a 42,920 sq. ft. 4-story office building which was constructed in 1987 as a part of a Delray Corporate Center. The building was originally excusively occupied by the Sun~Sentinel. The current businesses occupying the building include, but are not necessarily limited to: Truck Stop Depot, BPD Advertising, Apex Electric, InterFace Technologies and Marjenhoff Scott Financial. PROJECT DESCRIPTION The development proposal includes leasing the ground level floor area (10,918 sq. ft,) of the existing 4-story office building (42,920 sq. ft.) as a instructional center for Kaplan Online University which offers educational certificates, Masters, Bachelors, Associates and Law degrees. Kaplan University students are generally business professionals between the ages of 25-35 years old. At this site, students will be able to visit the center for more personal, readily available access to support services. Support services will include tutoring by Kaplan University staff and use of a Resource Center for studying, test taking and group projects. It will also include use of a Student Lounge for socializing with other students between classes. Students will be attending classes primarily during the evening hours and on Saturdays. Student parking will not interFere with the daily operations of businesses occupying the upper level floors of the building. The anticipated maximum occupancy will include 156 {one hundred fifty-six) students, 19 (nineteen) full-time office staff persons and 5 (five) part-time teaching staff persons. The full-time administrative office staff will be offering enrollment services and assistance to potential new students. The student open hours will be from 6:OOpm until 11:OOpm (5 hours) Monday-Friday and 8:OOam-6:OOpm (10 hours) on Saturdays. The part-time teacher work hours will be the same as the students. The full-time administrative staff work hours will be from 9:OOam-6:OOpm Monday--Friday (9 hours). The instructional center will be closed on Sundays. GONDIT ON_AL IISE ANALY5IS T CHAPTER 3 (REQUIRED FINDINGS): {Performance Standards) Pursuant to Section 3.1.1 {Required Findings} of the Land Development Regulations {LDR}, prior to approval of development applications, certain findings must be made in a form which is part of the official record. This may be achieved through information on the application, the staff report, or minutes. Findings shall be made by the body which has the authority to approve or deny the development application. These Planning & Zoning Board - 7120109 Staff Report Conditional Use Request for a Student Instructional Center {Kaplan University) Page 2 findings relate to consistency with the Fu#ure Land Use Map (PLUM), Concurrency, Comprehensive Plan Consistency, and Compliance with the LDR. FUTURE LAND USE MAP; The use or structures must be allowed in the zone district and the zoning district must be consistent with the land use designation. The subject property has a PLUM designation of Congress Avenue Mixed Use (CMU) and a zoning designation of Mixed Residential Office and Commercial {MROC). The MROC zoning district is consistent with the PLUM designation of CMU. As previously stated, Kaplan University proposes to offer an instructional center serving up to 156 students on the first floor {10,918 sq.ft.} of the existing 4-story, 42,920 sq.ft. office building. Pursuant to LDR Section 4.4.29(E)(6) within the MROC zoning district, educational facilities, training centers and vocational schools are allowed as a Conditional Use. Based upon the above, a positive finding with respect to consis#ency with the PLUM can be made. CONCURRENCY; Facilities which are provided by, or through, the City shall be provided to new development concurrent with issuance of a Certificate of Occupancy. These facilities shall be provided pursuant #o levels of service established within the Comprehensive Plan. The development proposal consists of an existing office building containing four (4) floors which measure about 10,918 sq.ft. each. The conditional use request to allow occupancy of the first {1St) floor by Kaplan University for the purpose of a student instructional center, will not affect the ability of the site to remain concurrent. No significant increase in traffic demand, solid waste services or water and sewer will be created by this development proposal, thus, concurrency is already met. CONSISTENCY: Compliance with performance standards set forth in Chapter 3 and required findings in Section 2.4.5(E)(5) for the Conditional Use request shall be the basis upon which a finding of overall consistency is #o be made. Other objectives and policies found in the adopted Comprehensive Plan may be used in making a finding of overall consistency. A review of the goals, objectives, and policies of the adopted Comprehensive Plan was conducted and the following applicable policy is noted: Housing Element Policy A-12,3 - In evaluating proposals for new development or redevelopment, the City shall consider the effec# that the proposal will have on the stability of nearby neighborhoods. Fac#ors such as noise, odors, dust, traffic volumes and circulation patterns shall be reviewed in terms of #heir 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 projec# shall be modified accordingly or denied. To the south, the building abuts SFWMD Canal C-15. The adjacent property to the west has a residential use (Delray Oaks Condo). To the east is the FEC railroad and I-95. To the north is an office building currently occupied by a real estate company. Kaplan University will Planning & Zoning Board - 7/2oI49 Staff Report Conditional Use Request for a Student Instructional Center (Kaplan University) Page 3 occupy the first floor of the existing 4-story office building within the Delray Corporate Center. Since the business is operated entirely indoors, there will be no odor or noise interferences. Since no new construction is being proposed, dust and traffic volumes are not a concern. Vehicular circulation patterns are internal to the Delray Corporate Center parking lot and have no affect on the adjacent residential properties. No outdoor activity takes place on site which would disrupt the adjacent uses. Based upon the above, Kaplan University will not have a potential to negatively impact the safety, habitability and stability of the adjacent residential area. SECTION 2.4.5{E} REQUIRED FINDINGS: (Conditional Use} Pursuant to Section 2.4.5(E}(5} (Findings), in addition to provisions of Chapter 3, the City Commission must make findings that establishing the conditional use will not: A. Have a significantly detrimental effect upon the stability of the neighborhood within which it will be located; B. Nor that it will hinder development or redevelopment of nearby properties. The following zoning designations and uses border the property: Direction: Za~ir~~.~ Use: North MROC (Mixed Residential Office & Lang Management Real Estate Co. Commercial South MROC (Mixed Residential Office & South Florida Water Management Commercial District SFWMD Canal C-15 West RM Multi le Famil Residential Delra Oaks Condo East I-95 NIA Interstate The existing building is located conveniently within '/ mile from the I-95 Congress Avenue interchange. I-95 North and South are located to the east of the building. The FEC commuter train rail is also located fio the east of the site with the Boca Raton Tri-Rail station located a few blocks away. There is a residential condominium development (Delray Oaks) located #o the west. The canal to the south belongs to the South Florida Water Management District (SFWMD}. To the north, Lang Management Reai Estate Co. has an industrial warehouse building with office area. This facility primarily houses Lang's maintenance vehicles for their properties. There wil[ be no detrimental effect upon the stability of the neighborhood. Likewise, the proposed conditional use will not hinder development or redevelopment of nearby properties. Based upon these facts, the proposed conditional use will not have an adverse impact on the surrounding area. Thus, positive findings can be made with respect to LDR Section 2.4.5 (E). Planning & Zoning Board - 7120109 Staff Report Conditional Use Request for a Student Instructional Center (Kaplan University} Page 4 COMPLIANCE WITH LAND DEVELOPMENT REGULATIONS: Site Plan: Pursuant to LDR Section 4.6.9.C.6.e., private or public educational facilities for colleges, vocational and trade schools shall provide one (1) space for every five (5} students which can be accommodated at maximum capacity. At maximum capacity, Kaplan University can accommodate one hundred fifty-six (156) students. In such case, thirty-one (31) parking spaces are required and one hundred fifty-six (156) standard and four (4) handicap spaces are being provided. This provides a tots[ of one hundred sixty (160) spaces and results in a surplus of one hundred twenty-five (125) spaces. Essentially, there will be sufficient parking on-site for each of the 156 students to drive and park their individual vehicles. Landscapinq~ The City's Senior Landscape plan has reviewed the proposal respective to requirements for LDR Section 4.6.16 Landscaping and has recommended the following improvements: 1. The east side of the property, adjacent to the railroad tracks, is completely covered in invasive material that is not allowed by the City of Delray Beach landscape code. This material, mostly Brazilian Pepper, should be completely removed. Canopy trees with a planting height of 12' shall be planted at 30' intervals. 2. There are a lot of weeds in the accessway median located off of Congress Avenue. Remove ail weeds and add a generous amount of mulch to all beds. 3. All of the existing palms, mostly Sabals, are in desperate need of a good cleaning. All dead fronds should be removed from tree. Make sure not remove too many leaves from the trees. Upon addressing these site plan improvements, the conditional use will be found in compliance with applicable sections of LDR Section 4.6.16 Landscaping. CPTED Crime Prevention Throu h Environmental Desi n The City's Police Department has reviewed the development proposal for Kaplan University and has offered the following suggestions to increase the safety on-site: 1. There are several pole mounted `shoe-box style' fixtures throughout the parking lot. Some appear to be inoperative. Lighting of fhe location needs to comply with standards set forth by CPTED and Delray Beach Cify Code. This will be especially important because the campus will have increasingly more student activity during the evening hours. 2. Much of the hedges and foliage needs to be cut down to a height of 2-3 feet. Tree canopies also need to be maintained at 5-10 feet. Bath of these corrections would bring the landscaping into compliance with CPTED and City Code. Planning & Zoning Board - 7120109 Staff Report Conditional Use Request for a Student Instructional Center (Kaplan University) Page 5 3. The rear, east, perimeter of the building sits along railroad property, and there is na east side perimeter fencing between the two properties. Abnormal users can access the rear parking lot from the north or south side of the lot. This presents a security concern for students during the evening hours. Therefore, a fence should be installed in order to neutralize subsequent ambush points in the rear portion of the bt, Said fencing should comply with standards set forth by CPTED and City Code. Upon addressing these CPTED safety concerns, the conditional use will be found in compliance with applicable sections of the City Code. _ T REVIEW BY OTHERS The subject property is not in a geographical area requiring review by the DDA (Downtown Development Authority} and CRA (Community Redevelopment Agency). Courtesy Notices: Special courtesy notices were provided to the fallowing homeowners and civic associations: ^ Delray Oaks ^ Delray Oaks West ^ Sabal Pines East ^ Sabal Pines West ^ Environment Public Notice: Formal public notice has been provided to property owners within a 500' radius of the subject property. Letters of support or objection will be presen#ed at the Planning and Zoning Board meeting. ASSESSMENT AND CONCLUSIONS The proposed conditional use for Kaplan University will not negatively affect the adjacent residentially zoned properties. An instructional educational center use is compatible with the surrounding neighborhood and will not negatively affect the stability of the area. The educational traning center use is allowed in the MROC zoning district per LDR Section 4.4.29(E)(6). Further, the development proposal is consistent with Chapter 3 of the Land Development Regulations and the policies of the Comprehensive Plan, including Housing Element Policy A-12.3. Also, positive findings with respect to LDR Section 2.4.5(E)(5) Conditional Use Findings and LDR Section 4.6.9(C)(6)(e} Parking, can be made as the proposal will not have an adverse impact on the surrounding area nor will it hinder development or redevelopment of nearby properties, provided the conditions of approval are addressed which include upgrading the landscaping and addressing CPTED safety concerns to comply with the City Code. Planning & Zoning Board - 7120109 Staff Report Conditional Use Request for a Student Instructional Center (Kaplan University} Page fi ALTERNATIVE ACTIONS A. Recommend postponement of the conditional use request for an instructional center (Kaplan University) based upon inconclusive findings with respect to Chapter 3 (Performance Standards}, Section 2.4.5(E)(5) (Required Findings), and Section 4.4.29(E)(6) Educational Facilities, Training Centers and Vocational Schools, of the Land Development Regulations, and consistency with Comprehensive Plan policies by electing to continue with direction. B. Recommend approval of the conditional use request for an instructional center (Kaplan University} based upon positive findings with respect to Chapter 3 (Performance Standards}, Section 2.4.5(E)(5) {Required Findings), and Section 4.4.29(E)(6) Educational Facilities, Training Centers and Vocational Schools, of the Land Development Regulations, and consistency with Comprehensive Plan policies, subject to conditions. C. Recommend denial of the conditional use request for an instructional center (Kaplan University) based upon a failure to make positive findings with respect to Section 2.4.5{E)(5) (Conditional Use Findings) and Section 4.4.29(E)(6) Educational Facilities, Training Centers and Vocational Schools, of the Land Development Regulations, and inconsistency with Comprehensive Plan policies, that the proposed use will hinder development or redevelopment of nearby properties and the proposed development will result in a degradation of nearby neighborhoods. RECQMiIlIENDED' ACTION Recommend to the City Commission approval of the conditional use request to establish an instructional center {Kaplan University) based upon positive findings with respect to Chapter 3 (Performance Standards), Section 2.4.5(E)(5) (Required Findings), and Section 4.4.29{E)(6) Educational Facilities, Training Centers and Vocational Schools, of the Land Development Regulations, and consistency with Housing Element Policy A-12.3, subject to the following conditions: 1. There are a lot of weeds in the accessway median located off of Congress Avenue. Remove all weeds and add a generous amount of mulch to all beds. 2. All of the existing palms, mostly Sabals, are in desperate need of a good cleaning. All dead fronds should be removed from tree. Make sure not remove too many leaves from the trees. 3. There are several pole mounted 'shoe-box style' fixtures throughout the parking lot. Some appear to be inoperative. Lighting at the location needs to comply with standards set forth by CPTED and Delray Beach City Code. This will be especially important because the campus will have increasingly more student activity during the evening hours. Planning & Zoning Board - 712Q109 Staff Repor# Conditional Use Request for a Student Instructional Center (Kaplan University) Page 7 4. Much of the hedges and foliage needs to be cut down to a height of 2-3 feet. Tree canopies also need to be maintained to begin at 8-14 feet above grade. Both of these corrections would bring the landscaping into compliance with CPTED and City Code. 5. The rear {east) perimeter of the building sits along railroad property and there is no perimeter fencing between the two properties. Abnormal users can also access the rear parking lot from the north or south sides of the lot. Open access to the parking lot presents a security concern for students during the evening hours. Therefore, a fence should be installed along the eas# property line adjacent to the railroad tracks. Fencing is also suggested along the south property line adjacent to the SFWMD canal. Fencing is not recommended along the north property line in order to preserve the cross access easement between the two properties. This fencing is recommended in order to neutralize subsequent ambush points in the rear portion of the lot. Said fencing should comply with standards set forth by CPTED and City Code. Attachments: Location Map, Survey, Site Plan, Floor Plan r r' _ .. _ _. JR~- _ ~ _ _ _ _ _ _ _ k _ _ _ _ _ -_ -- ~. - ' ~ '~ ~ ~~ ~ 1 I I~ V • ' ~ ~ ~ i ~ ~r ~ ' ~ ~ r ' ;a i 1 1 ~ r i { 1 j ~ _ ~ ~ ~ ~~ I ' ` i ~~ i I i ~ . ~ i ~ I ~ ~ y ~~ ~ i ~~ ~ ~ ~ r~ ' ij i ~ i i i ~ T i f I 1 t ' ~~ I: ~ * ' ' , ~ ~ y I ^ ' - ~' ~ ~ - ~ - - G - - Ii 1 ~I ~ ' 41 +I ~L _ _ g i~ V ~ i - -- -- -- I i II V ,5 - _ . II ~ ~ ~` I ~ ~ ~ Y ~ i ti ~ ~ i ; ~ I ~ 1 1 ~ ~ ~ ~ J _ I ' ~ h I ~ r 1lII Iii ~ _ _ _ .a n yy V I ~ I ' ~~~fl i ~ ~ ~ I ~ ~ + ~ ~ ~ ~1 _ ~ T. ~ I I 1 I ~~ 1' ' 4 it i ~ { I I ~ 4 V _ ' o Y : , ' V ~I ~ '~ ~~ i i .. ~~ _ I I ! I ~..' ' '~ ~ ^ a ~ ~ ~ , ~ ~t ~ I I ' ~ ~ ^ ~{ ~~ f _ ' ~ 1~ ~ ~; i ~, ~~ , ~~ ~ ~ -+ ~ ~ ~ ~ ~~ , I -~ ~ ^ r - ~ i i ~ r i ~, _ . _ ~ _ . ,. , ' ~ i '-- E + - r~ _ - ~- r - - ~ - - - - -- ~ ~ i __ ,. _~._ _s :' u ~ - - - ~ ~ e. ~ - f ~ ,. .- • - - -- - - ~-- - - - - - _ _ .. '' ~~~ ~ II -~_ I ` ; ~~ ~ ~ ~ 11 ' i f - ~ I _ ~ - I ' .. . T, a ..... * ~. ~ ~ ~ , ~ i 1 r ~ i ~ ~ ~ ~^ r i I~ - ~. -~ ~,~ ~~ ~~ ~- ,; I ^ h~ ;~ ~~ u H: r ^ . ' ~ i ~ _ _ ~ r ti~ ~. ' ~ 7 F ~~_ ~saP r_, ~ ~3 .tiY, ~ t ` 1'~ l7 J ~ ~ ~ ~~ ~ I ~~ ~1 4 ~~ _ - _ , .F. ' __ _ ~ 1 1 {~ i _ ~ -- - t - _ '^~,~ r ~~ - D • 1 1 M: ~ . F ~~5 y ~F t:~~ Y -r - - -- ~ -- ~~~- --~•-~ ~ ~ A_ _ ; ~ ~' - T ~ ~ `'I iii r 5 - e •I i _ _k F { _ ~ I , ,~ 'ti { _ 1 f ` - ~ 1 _ r '~ ~ ~~ ~~ r ~~ ~ ' 1 5~ 7 MEMORANDUM TO: Mayor and City Commissioners FROM: Scott Aronson, Parking Management Specialist Richard C. Hasko, P.E., Director of Environmental Services THROUGH: David T. Harden, City Manager DATE: July 29, 2009 SUBJECT: AGENDA ITEM 9.D. -REGULAR COMMISSION MEETING OF AUGUST 4, 2009 IN-LIEU OF PARKING REQUEST BELUGA RESTAURANT AND WINE BAR ITEM BEFORE COMMISSION The item before the City Commission is that of approving a request from Beluga Wine Bar & Restaurant for the purchase of three (3) in-lieu parking spaces, at a cost of $46,800, to be paid via an In- Lieu of Parking Fee Agreement and approving an associated waiver to Land Development Regulations (LDR> Section 4.6.9(E>(3). BACKGROUND Beluga Wine Bar & Restaurant, located at 44 SE 2nd Avenue, has submitted a Class III site plan modification for the conversion of 588 sq. ft. of retail area to restaurant and expansion of the existing second floor, 2-bedroom, residential unit. LDR Section 4.4.13(G) requires the provision of one space for each 300 square feet of total floor area, except for restaurants which requires 6 spaces per 1,000 sq. ft.. To accommodate the conversion of use the applicant must provide the difference between the two requirements. The proposed conversion of use requires two (2) spaces (588/300=1.96 / .588x6=3.53 / 3.53-1.96=1.57, which rounds up to 2). The existing 2-bedroom residential unit requires no additional parking for its expansion, as it has already provided the maximum number of parking spaces required for a residential unit. However, one additional space is required to replace the space eliminated by the construction of the stairway and elevator, thereby requiring a total of three (3) spaces. The subject property is located in In-Lieu Area 2 with a cost of $15,600 per space. If approved, the total fee of $46,800 will be paid via an In-Lieu of Parking Fee Agreement pursuant to LDR Section 4.6.9(E)(3) (d). Due to site constraints it is impossible to provide the required spaces on-site. Therefore, the applicant is seeking approval to purchase the spaces in accordance with LDR Section 4.6.9(E). LDR Section 4.6.9 (E)(3) states that when a requirement for additional parking results from in-fill development, or from a change in use, or adding floor space to an existing building; the City Commission may approve the payment of a fee in-lieu of providing such required parking. Before granting such approval, the City Commission must find that it is impossible or inappropriate to provide the required number of on-site or off-street parking spaces and that in the case of building additions no existing parking spaces will be eliminated. Therefore, the expansion of the residential unit requires a waiver to LDR Section 4.6.9(E) (3) in accordance with LDR Section 2.4.7(B) for the elimination of one (1) parking space to accommodate the stairway and elevator accessing the residential unit. Findings Section 2.4.7(B) of the LDR requires the following findings be made prior to the City Commission's approval 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 granting of a special privilege in that the same waiver would be granted under similar circumstances Granting the waiver will not adversely affect the neighboring area, given the close proximity of the Federspiel Garage around the corner in addition to six (6) on-street parking spaces which were constructed by the applicant as part of the original site plan. Nor will it diminish the provision of public facilities or create an unsafe situation. Furthermore, the waiver could be granted to others under similar circumstances. Policy C-4.1 of the Future Land Use element of the Comprehensive Plan suggests accommodating parking needs through innovative actions such as the in-lieu of parking fee program. In consideration of the above facts, Staff recommends approval of the applicant's request for the purchase of three (3) in-lieu spaces, at a cost of $46,800, to be paid via an In-Lieu of Parking Fee Agreement and approval of the associated waiver to LDR Section 4.6.9(E)(3) REVIEW BY OTHERS The Parking Management Advisory Board, Community Redevelopment Agency and Downtown Development Authority, at their respective meetings, all recommended approval of the applicant's request for the purchase of the spaces and the associated waiver to LDR Section 4.6.9(E)(3). Due to meeting schedules and in an effort to keep the project moving forward, the item has been presented to the Site Plan Review and Appearance Board, which recommended approval on the condition that the in-lieu request is approved by City Commission. RECOMMENDATION By motion, approve the request from Beluga Wine Bar & Restaurant for the purchase of three (3) in- lieu parking spaces, at a cost of $46,800 to be paid via an In-Lieu of Parking Fee Agreement and approve the associated waiver to section 4.6.9(E)(3), by adopting findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets criteria set forth in Sections 4.6.9(E)(3) and 2.4.7(B) of the Land Development Regulations. IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA WAIVER AND IN LIEU PARKING FEE REQUEST FOR BELUGA RESTAURANT AND WINE BAR ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA 1. This waiver and in lieu parking fee request for the purchase of 3 parking spaces in lieu has come before the City Commission on August 4, 2009. 2. The Applicant and City staff presented documentary evidence and testimony to the City Commission pertaining to the in-lieu parking fee request for the Beluga Restaurant and Wine Bar. All of the evidence is a part of the record in this case. Required findings are made in accordance with Subsections I and II. WAIVER TO SECTION 4.6.9(E)(3) Pursuant to LDR Section 4.6.9(E)(3), the applicant has requested a waiver in accordance with LDR Section 2.4.7(8) for the elimination of one (1) parking space to accommodate the stairway and elevator accessing the residential unit. Section 2.4.7(8) of the LDR requires the following findings be made prior to the City Commission's approval 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 granting of a special privilege in that the same waiver would be granted under similar circumstances. Are the findings met? Yes No II. IN-LIEU PARKING FEE: Pursuant to LDR Section 4.6.9(E)(3), when additional parking is required due to expansions of use to an existing building and it is impossible or inappropriate to provide such parking the City Commission may approve the payment of an in lieu fee rather 1 than provide the required parking. In the case of expansions of use, no existing parking spaces may be eliminated. Does the In Lieu Parking Fee request for the purchase of 3 parking spaces in lieu meet the requirements of LDR Section 4.6.9(E)(3) and the conditions, if any, listed below? for a total of $46,800 (with 50% to be paid upon signing the agreement and 25% to be paid on the 2"d anniversary and 25% to be paid upon the third anniversary of the agreement). Yes No 3. The City Commission hereby finds that the Waiver and In Lieu Parking Fee Request meets the requirements of 4.6.9(E)(3) of the Land Development Regulations, with the conditions listed above, if any, and the City Commission has applied the Comprehensive Plan and finds that its determinations set forth in this Order are consistent with the Comprehensive Plan and Land Development Regulations. 4. The City Commission finds there is ample and competent substantial evidence to support its findings in the record submitted and adopts the facts contained in the record including but not limited to the staff reports, testimony of experts and other competent witnesses supporting these findings. 5. Based on the entire record before it, the City Commission approves denies the in lieu parking fee request as set forth above. 6. Based on the entire record before it, the City Commission hereby adopts this Order this 4th day of August, 2009, by a vote of in favor and opposed. ATTEST: Chevelle Nubin, City Clerk Nelson S. McDuffie, Mayor 2 Prepared by: RETURN: R. Brian Shutt, Esq. City Attorney's Office 200 N.W. 1st Avenue Delray Beach, Florida 33444 IN-LIEU OF PARHING FEE/REIMBURSEMENT AGREEMENT THIS AGREEMENT ("Agreement") is made as of the day of , 2009, by and between THE CITY OF DELRAY BEACH, a Florida municipal corporation of the State of Florida ("City"), and ,owner of the property ("Owner"). WHEREAS, Owner is the owner of certain real property located at 44 SE 2"d Avenue, Delray Beach, Florida, 33444, and referred to herein as the "Property"; and WHEREAS, Owner has applied to the City for approval for the conversion of use from retail to restaurant and expansion of use of a the property known as Beluga Wine Bar (a/k/a Olio Restaurant) ;and WHEREAS, as a condition of approval for the development on the Property, Owner must provide certain parking as required under the Land Development Regulations of the City. Section 4.6.9(E)(3) of the Land Development Regulations provides that the City Commission may approve the payment of a fee to the City in-lieu of providing required parking; and WHEREAS, Owner has requested that the City Commission approve the payment of a fee to the City in lieu of providing three (3) of the required parking spaces for the development of the Property and the City Commission has approved this request; and WHEREAS, Section 4.6.9(E)(3) of the Land Development Regulations also provides that the in-lieu parking fee shall be Fifteen Thousand and Six Hundred Dollars ($15,600.00) per parking space; and WHEREAS, the parties desire to enter into this Agreement in order to confirm the terms of the in-lieu fee and reimbursement. NOW, THEREFORE, in consideration of the foregoing, the mutual covenants and conditions contained in this Agreement, and other good and valuable considerations, the receipt and sufficiency of which are hereby acknowledged, the parties hereto, intending to be legally bound, hereby agree as follows: 1. The parties hereby represent and warrant that the foregoing recitals are accurate and correct and hereby incorporate them in this Agreement. 2. The Property to which this Agreement applies is legally described as follows: See Attached Exhibit "A". 3. The City hereby confirms that, pursuant to Section 4.6.9(E)(3) of the Land Development Regulations, it has approved the payment of the fees described in this Agreement in-lieu of providing three (3) of the required number of parking spaces for the development of the Property. 4. Owner shall pay to the City a total in-lieu of parking fee of Forty Six Thousand and Eight Hundred dollars ($46,800.00) (which represents $15,600.00 per parking space). The total fee shall be paid as follows: (a) One payment in the amount of Twenty Three Thousand and Four Hundred and 00/100 dollars ($23,400.00) by check delivered to the City upon execution of this Agreement by the Owner. (b) Two payments, each in the amount of Eleven Thousand and Seven Hundred and 00/100 dollars ($11,700.00), due on the second and third anniversary of the date of this Agreement. (c) Each payment shall be made to: Finance Department City of Delray Beach 100 N.W. First Avenue Delray Beach, FL 33444 5. In the event Owner fails to make the payment in the time allowed, the City shall provide written notice by certified mail, return receipt requested to Owner at Delray Beach, FL, , or at such other address as may be designated by Owner by written notice to the City. The City's notice shall request that Owner make the past due payment no later than thirty (30) days from the date the notice is received. 2 Failure of Owner to remit payment within this thirty (30) day period shall be deemed breach of this Agreement. The City shall thereby be entitled to file suit in a court of law seeking all payments due, interest, costs, and attorneys' fees. 6. All of the terms and provisions of this Agreement shall be binding upon, inure to the benefits of and be enforceable by, the parties to this Agreement and their respective successors, legal representatives, and assigns. 7. This Agreement shall constitute the entire agreement of the parties with respect to the subject matter of this Agreement. All prior understandings and agreements between the parties with respect to such matters are merged into this Agreement, which alone fully and completely expresses their understanding. 8. This Agreement may not be amended, modified, altered, or changed in any respect, except by a further agreement in writing duly executed by each of the parties to this Agreement. 9. This Agreement is not valid unless signed by the City's Mayor and City Clerk. 10. This Agreement shall be governed by the laws of the State of Florida and venue shall be in Palm Beach County. 11. This Agreement shall be recorded in the Public Records for Palm Beach County, Florida. IN WITNESS WHEREOF, the parties to the Agreement have caused this Agreement to be duly executed on their behalf as of the dates set forth below. ATTEST: CITY OF DELRAY BEACH, FLORIDA By: City Clerk Approved as to Form By: City Attorney WITNESSES: Print Name: By: Nelson S. McDuffie, Mayor OWNER: By: 3 Print Name: (CORPORATE SEAL) STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this day of , 2008 by (name of officer or agent, title of officer or agent) of (name of corporation acknowledging), a corporation, on behalf of the corporation. (state or place of incorporation) known to me or has produced Signature of Notary Public -State of Florida He/She is personally as identification. 4 Q O U O J L N L m N >~_ _~ N m V]fYdRINIXO]~i~~'V SVrs'aaewra'LJwnw.lv~tuNr 3alav su auwA at~wsllvnA'tlL.IrirW AYVOabven v3zrvu.masw vYiAtrR'[A'Je dssr Na[pAnwmo arnrsV:fM1Yw arru.mtm+wru#,ns3a*m's~rmx ~waut9am.Yn 3~uvLNJaw Sa1F'6anum-laema 3lrwua~a Q l .~ 1._L. 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I I ~~ I I I ~t3ilb' .84 I _._- ---~ ----- ~.r --_~ ~~ ---------- G E ~~ ~ ~ i ~°.S, i ` A~91 v"`~ 5 ~:_ e.. .--3 ~~ ,~ ~~s~~ ~_-.~~~.-..------ f R ~I K ii Z O i a N n ~ RYF FW $ € binN 7 ~ ~9R~~° ~ e 5 ~ ~ ~~ g ~$~ ~ ~s ~~~ ~ ~ ~ ~ E ~ ~ ~ gg ~5~~ ~ ¢ a ~~~ ~ ~ e~ `~' Q p Q & ~ Y ~ ~ ~ m ~ s ~~ ~e~ .._ MEMORANDUM TO: Mayor and City Commissioners FROM: Scott Aronson, Parking Management Specialist Richard C. Hasko, P.E., Director of Environmental Services THROUGH: David T. Harden, City Manager DATE: July 29, 2009 SUBJECT: AGENDA ITEM 9.E. -REGULAR COMMISSION MEETING OF AUGUST 4, 2009 RENEWAL/VALET PARKING LICENSE AGREEMENTS ITEM BEFORE COMMISSION The item before the City Commission is terms for renewal of all Valet Parking License Agreements BACKGROUND Valet Parking License Agreements have simultaneously expired on March 30, 2009. Section 7 of the agreement provides for renewal of the agreements at the discretion of the City Manager. However, this provision is applicable only upon renewal of the agreements under the same terms and conditions of previous agreements. Staff is seeking direction from the Board whether a fee increase should be imposed for this upcoming renewal year. Below are the six current valet parking license agreements listed by restaurant (licensee), valet queue location and number of spaces: Restarrraat 32 East Crazy Blue Marlin Cugini Grill UOL! Taste of Brazil Orrerre Location Spaces South side of Atlantic Ave. bt. Swinton & SE 1st Ave 6 SE 2nd Avenuejust south of Atlantic Avenue 2 South side ~f Atlantic Ave. bt. 2nd Ave &. FEC Trarla ~ North side of Atlantic Ave. bt. NE 4th & Sth Avenues 3 '`Caffe Luna Rosa South side of Atlantic AAlA e bt. Bronson St. & SR ~ ~<~<Cut 432 West side of SE 4th Avenue 3 * Cost per space $125 per month ** Cut 432 is a new agreement started in April, 2009. The cost per space for all queues, with the exception of Caffe Luna Rosa, is currently $90 per month, plus tax, which was established with the 2008 renewal when the fees were increased from $75 per space. The Caffe Luna Rosa queue is the only queue that operates during daytime hours (10:00 AM start time compared to 5:00 PM for all others). The monthly fee at this queue is $125 per space. The agreements currently generate $32,100 per year in revenue. An increase of $10.00 per space would generate an additional $3,240 per year. Historically, increases have been imposed every other renewal year (2004, 2006 and, 2008). Given the current economic conditions, established pattern of increases every other year, and marginal impact an increase would have on the City's overall budgetary challenges compared to the benefit to the licensees, staff is proposing that no increase be imposed at this time, with reconsideration for next year's renewal. It is noted that the Cut 432 agreement has just started this April, 2009. If an increase is to be imposed, Staff suggests that no increase be imposed for this queue. The queue fee would be brought to parity at the next imposed increase. Staff will assure that all accounts are in good standing prior to renewal. Staff recommends approval of the renewal of all Valet Parking License agreements under the existing terms and conditions. REVIEW BY OTHERS The Parking Management Advisory Board, at its meeting of June 23, 2009, unanimously recommended renewal of all agreements with the existing fees and terms and conditions RECOMMENDATION By motion, approve renewal of all Valet Parking License agreements under the existing terms and conditions. PARKING LICENSE AGREEMENT THIS AGREEMENT ("The Agreement") is made this day of , 2009, by and between the CITY OF DELRAY BEACH, a Florida Municipal Corporation (the "CITY"), and , a Florida corporation ("LICENSEE"). WITNESSETH: WHEREAS, LICENSEE has requested permission to use a certain number of public parking spaces within the Railroad Parking Lot and certain public rights-of--way for valet parking queues; and WHEREAS, in order to use the parking spaces, the CITY requires that LICENSEE enter into this non-exclusive License Agreement. NOW THEREFORE, in consideration of the sum of Ten Dollars ($10.00), the mutual covenants and conditions contained in this Agreement, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereby agree as follows: L Incorporation of Recitals. The parties hereby represent and warrant that the above recitals are accurate and correct and hereby incorporate them in this Agreement. 2. Parking Queues. The CITY agrees to allow LICENSEE the non-exclusive use of (#) parking spaces located for valet parking queues. The parking spaces are to be used for valet parking queues daily between the hours of p.m. to a.m. on ( days per week). LICENSEE acknowledges that the valet parking queues may be unavailable for use during certain special events from time to time (as determined in the CITY's sole discretion) and during the special events, the license will not be valid. It is also understood by the terms of this Agreement that the valet queue location may from time to time be re-located by the CITY in its sole discretion after providing thirty (30) days' written notice to LICENSEE. The LICENSEE and or the Valet shall not restrict the use of the Valet Queues to only persons using the LICENSEE'S business, but the valet queue shall be open to anyone wanting to use the valet service offered by LICENSEE. The City Manager or his designee(s), shall enforce the provisions of this agreement, including the location, time, days of the valet service, parking limitations and requirements, and compliance with all applicable laws and ordinances. When required by law, the enforcement shall be accomplished through personnel authorized by law to enforce the law. 3. Parking Locations/Agreements. LICENSEE agrees that LICENSEE and/or_its employees will not park any cars in CITY owned on-street or off-street parking spaces LICENSEE further agrees that LICENSEE will provide the CITY with current written assurances and/or a lease agreement for use of a private parking lot(s). The private lot(s) must also comply with minimum City codes for a parking lot(s). LICENSEE shall also provide the CITY with a copy of its current valet agreements, and a copy of its current insurance certificate as set forth in Exhibit A. LICENSEE will ensure that the valet service is operated in a manner that will not result in cars stacking on and/or blocking the travel ways of any alleyway, public street or parking lot. These assurances and agreements must be provided upon execution of this License Agreement., when there is a change in any agreement referred to herein or upon the request of the CITY. Failure to comply with these conditions will be a basis for termination of this License Agreement. 4. Payment for Parking Queue Spaces. LICENSEE agrees to pay the CITY dollars ($) per month, per parking queue space utilized by the 10th of each month. A late fee of 5% will be charged after this date. If more than one License Agreement is issued for the queues, the fee will be shared proportionately. 5. Si~na~e. The CITY agrees to post the valet parking queue spaces with valet parking times and days authorized. Sandwich board signs may not be used to advertise the valet service. Advertising signs will be allowed as prescribed by the City's Manager or his designee. 6. Valet Service; Valet Equipment. The LICENSEE'S operator may for the storage of keys install a moveable, temporary, valet desk on the sidewalk, either public or private, during the hours of valet service so long as the desk does not impede the pedestrian flow. 7. Term and Renewal. This Agreement shall expire on March 30th each year. The License may be renewed by the City Manager following receipt of a written notice from LICENSEE that LICENSEE desires to continue using the parking spaces for valet parking queue, if the City Manager determines in his sole discretion that the renewal is in the best interests of the CITY. The City Manager may add additional provisions to this agreement upon 2 renewal, including but not limited to, the requirement to use an off-duty police officer during the time and dates the City Manager deems advisable. 8. Revocable License. This Agreement is only anon-exclusive License Agreement and may be revoked by the CITY at anytime with or without cause during the initial term or any renewals thereof upon providing written notice via U.S. Mail to LICENSEE. The revocation shall be effective when mailed. 9. Compliance with Laws. LICENSEE agrees to comply and adhere to all state laws and local ordinances regarding parking that exist or as amended from time to time. LICENSEE further acknowledges that due to the high traffic in this area, double parking unattended vehicles will not be permitted. 10. Notice. Notices required to be provided pursuant to this Agreement shall be sent to the following addresses: To CITY: David T. Harden, City Manager 100 N.W. 1st Avenue Delray Beach, Florida 33444 To LICENSEE: 11. Insurance. LICENSEE agrees to provide the CITY insurance for the valet service in the amounts and under the conditions prescribed in Exhibit A which shall at all times remain current. The City of Delray Beach shall be named an additional insured. 12. Indemnification. In consideration of the payment of Ten Dollars ($10.00), receipt of which is hereby acknowledged, LICENSEE shall protect, defend, indemnify and hold harmless the CITY from and against any and all claims, suits, actions, damages and/or causes of action arising during the Term of this Lease for any personal injury, loss of life and/or damage to property sustained in or about the parking spaces/queues by reason or as a result of the use and occupancy of the parking spaces/queues by LICENSEE, its agents, employees, licensees, invitees, and members of the public generally, and from and against any orders, judgments, and/or decrees which may be entered thereon, and from and against all costs, attorney fees, expenses and liabilities incurred in and about the defense of any such claim. In the event the 3 CITY shall be made a party to any litigation commenced against LICENSEE or by LICENSEE against any third party, then the LICENSEE shall protect, defend, indemnify and hold the CITY harmless and pay all costs and attorney's fees incurred by the CITY in connection with such litigation, and any appeals thereof. 13. Third Parties Nothing in this Agreement, whether express or implied, is intended to confer any rights or remedies under or by reason of this Agreement upon any person other than the parties hereto and their respective heirs, successors, legal representatives, and permitted assigns, nor is anything in this Agreement intended to relieve or discharge the obligation or liability of any third persons to any party to this Agreement, nor shall any provision thereof give any third person any right of subrogation or action over or against any party to this Agreement. 14. Penalties for Violations/Termination LICENSEE for: Penalties will be imposed upon the (1) Valet parking of cars in either on-street or off-street public parking spaces; and/or (2) Valet parking of cars in the designated parking queues; and/or (3) Expanding the designated parking queues area. The penalty schedule for the above violations is as follows: 1st violation - warning 2nd violation - $200 3rd violation - $500 4th violation - Termination of License Agreement Notices of violation will be written by a Police Department representative and will be sent to the LICENSEE with a copy to the City Manager. Failure to make payment within thirty (30) days of receipt of the notice will result in termination of the agreement. LICENSEE acknowledges, however, notwithstanding the foregoing that the CITY may terminate this non-exclusive License Agreement without cause or for cause. LICENSEE will at all times comply with the City's policy/procedure for use of public parking spaces/queues which shall change from time to time subject to the sole discretion of the City. 4 15. Taxes. LICENSEE shall pay and comply with all laws regarding taxes, levies, assessments, fees and charges, including, but not limited to gross receipts, taxes, use taxes, property taxes, and sales taxes that may be imposed. 16. Assignment. This Agreement shall not be transferred or assigned without the express written consent of the CITY, which the CITY may withhold grants in its sole discretion. 17. Further Assurances. The parties shall from time to time execute and deliver such other and further instruments and documents and do all matters and things which may be convenient or necessary to more effectively and completely carry out the intent of this Agreement. 18. Binding Effect. All of the terms and provisions of this Agreement shall be binding upon, inure to the benefit of, and be enforceable by, the parties hereto and their respective heirs, successors, legal representatives, and permitted assigns. 19. Entire Agreement. This Agreement shall constitute the entire agreement of the parties with respect to the subject matter of it. All prior understandings and agreements between the parties with respect to such matters are merged into this Agreement, which alone fully and completely expresses their understanding. 20. Amendments. This Agreement may not be amended, modified, altered, or charged in any respect, except by a further agreement in writing duly executed by each of the parties hereto. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed on their behalf this day of , 2009. THE CITY OF DELRAY BEACH, ATTEST: a Florida Municipal Corporation City Clerk By: Approved as to form: City Attorney Mayor 5 (CORPORATE SEAL) By: Name Printed: Title: STATE OF COUNTY OF The foregoing instrument was acknowledged before me this 200 by as (name of officer or agent, title of officer or agent), of (name of corporation acknowledging), a day of (state or place of incorporation) corporation, on behalf of the corporation. He/She is personally known to me or has produced (type of identification) as identification. Signature of Notary Public -State of Florida 6 EXHIBIT A INSURANCE REQUIREMENTS FORM 1. Workers' Compensation per the Statutory limits of the State of Florida to include Employer's Liability Insurance with limits of at least $100,000/$500,000/$100,000. 2. Garage Liability Insurance of at least $1,000,000 combined single limits per occurrence to protect the City against all risks of injury to persons (including death) or damage to property wherever located resulting from any action or operation under the contract or in connection with the work. This policy is to provide coverage for premises/operations including auto liability, independent contractors, broad form contractual liability, products/completed operations. 3. Garage Keepers Insurance with limits of no less than $60,000 per auto, with an annual aggregate of $500,000. 4. Automobile Liability of at least $300,000 combined single limits per occurrence for owned/non-owned/hired automobiles connected with the business. 5. The City of Delray Beach and PRIVATE LOT OWNERS must be named as additional insured on the liability policies; and it must be stated on the certificate. 6. Thirty (30) days written cancellation notice required. 7. Best's guide rating B+, VIII or better, latest edition. 7 MEMORANDUM TO: Mayor and City Commissioners FROM: Joseph Safford, Finance Director Patsy Nadal, Purchasing Manager THROUGH: David T. Harden, City Manager DATE: July 28, 2009 SUBJECT: AGENDA ITEM 9.F. -REGULAR COMMISSION MEETING OF AUGUST 4, 2009 PURCHASE AWARD/CARDS CORPORATION ITEM BEFORE COMMISSION City Commission is requested to approve purchase award to Carus Corporation for the purchase and delivery of Poly Phosphate at $1.42 per lb. for the Water Treatment Plant at an estimated cost of $29,820 for the balance of fiscal year 2008/2009, purchased "as needed". BACKGROUND On January 20, 2009, Bid #2009-12 was awarded to Pristine Water Solutions and Carus Corporation was the second lowest bidder for the purchase and delivery of Poly Phosphate. The City ordered from Pristine in January 2009. The lead and copper test passed only marginally after an extended set of water samples were taken. The results were backed up by an increase in corrosion on the metal samples (coupons) which were analyzed by Pristine in January and June 2009. It is absolutely critical that the City pass the next round of lead and copper tests in September 2009. Due to issues with the formula of the phosphate provided by Pristine, Environmental Services is recommending an award to Carus for the remainder of the fiscal year which will provide time to analyze the product's formula and evaluate options. Poly Phosphate is an additive for water treatment available in liquid or dry form. It is needed to reduce reversion rate, inhibit scale formation, restrict oxygen permeation and hydrogen generation with corrosion inhibitors to protect water distribution systems from related repair and maintenance expense. Monomolecular film reduces lead and copper leaching to comply with 1991 lead and copper rule. FUNDING SOURCE 441-5122-536-52.21 RECOMMENDATION Recommend approval of purchase award to Carus Corporation for the purchase and delivery of Poly Phosphate at $1.42 per lb. for the Water Treatment Plant at an estimated cost of $29,820 for the balance of fiscal year 2008/2009, purchased "as needed". c~a„~us~ Tuesday, July 2 l , 2009 City of Delray Beach Purchasing Office 100 NW First Avenue Delray Beach, FL 33444 Dear John Bullard: Carus Corporation appreciates the opportunity to offer price support for your phosphate chemical needs. After careful consideration, we would like to offer our product, Carus 2250 (formally TPC-555) delivered to your facility. This affer is valid through 12/31./2409 as originally stated in Bid No. 2009-12, with same terms and conditions including an option to renew the contract far additional one-year periods subject to the approval of both parties. if you have any questions or need additional information, please contact me at 1-500-929-5789. Sincerely, (~ ~.: Craig P Principi Product Manager -Phosphates cAR~s cozzPOZ~a.TZON, zNc Product Quote To: Regarding: Date: Product: Price: Container: Quantity Minimum Quantity: Per Order Terms: John Bullard Del Ray Seach, FL 7/2i/2oog Carus 2250 $a..42 per lb delivered 50 lb bag X26,000 lbs 20,000 lbs Net 3o days/ Firm through I2/31/2oog Flease sign and return [fax X04-822-0922) to indicate your acceptance o this offer s~~ Signed Cra ~ ~. "L/bnC`i Craig P. Principi Product Manager _ Phosphates Smith, Douglas From: Majtenyi, Victor Sent: Friday, July 31, 2009 12:01 PM To: Smith, Douglas Cc: Bullard, John; Hasko, Richard Subject: RE: Phosphate Order Mr. Smith, Please see email below. Due to some issues with the with the formula on the phosphate provided by Pristine, we are recommending an award to Carus to carry us over throughout the remainder of the fiscal year, thus providing us time to analyze the product's formula and evaluate options. Thanks, Vic From: Bullard, John Sent: Wednesday, July 29, 2009 10:18 AM To: Hasko, Richard; Majtenyi, Victor Subject: Phosphate Order Richard, Victor, Patsy asked me to let everyone know that she is going to Commission on Aug. 4th requesting an order of phosphate from Carus for 420 bags at 50 Ib's/bag at $1.42/Ib for a total cost of $29,820. Carus was the next lowest bidder after Pristine and we are ordering the product they quoted in the bid package, which is close to Pristine's formula. We are only ordering enough for the rest of the fiscal year. The rep.'s are sure that this formula will prove successful on the next round of Lead and Copper. They have another formula which might be even better, at around the same cost, which we'll probably consider trying after this order. Thanks, John Nadal, Pats From: Bullard, John Sent: Monday, July 27, 2009 1:49 PM To: Nadal, Patsy Subject: Carus Polyphosphate Order Patsy Nadal, The WTR will need a supply of 21,000 Ib's of polyphosphate for the rest of I"y `08/'09. The order will be for 420 bags x 50 Ib's/bag x $1.42/Ib at a cost of $29,820. The account for this is 441-5122-536-52-21.. Thank you for your attention in this matter. john 8u#lard VVi"P Manager 243-7319 MEMORANDUM TO: Mayor and City Commissioners FROM: R. Brian Shutt, City Attorney DATE: July 23, 2009 SUBJECT: AGENDA ITEM 9.G. -REGULAR COMMISSION MEETING OF AUGUST 4, 2009 CHANGE TO COMMISSION RULES OF PROCEDURE ITEM BEFORE COMMISSION Approval of a change to the Commission Rules of Procedure regarding time limits for Commission meetings. BACKGROUND The Commission, at the July 21, 2009 meeting, directed staff to prepare changes to the Rules of Procedure governing the City Commission. Currently the rules provide that in order for a meeting to extend beyond 11:00 p.m., a majority of the Commission must vote for the extension and the extension does not have an end time limit. The revised rules still provide that a majority of the Commission must approve the meeting to extend beyond 11:00 p.m.; however, we have added a provision that requires a majority of the Commission to approve an extension for each hour thereafter. Therefore, each approved extension only lasts for one hour. RECOMMENDATION The City Attorney's Office recommends Commission discretion. RULES OF PRO~EDI TRE -_DELRAY BEACH CITY CO11~I1VIISSION I. GENERAL PARLIAMENTARY RULES. The general parliamentary procedure to be followed by the City Commission of the City of Delray Beach, Florida, except as otherwise modified by the City Commission or as modified or amended herein, shall be in accordance with the rules of parliamentary procedures entitled "Robert's Rules of Order", being the mprint of the 19Q7 edition. II. LOCAL RULES. A. The following Local Rules of Procedure shall be applicable to the organization and conduct of business, as well as preparation and publication of agendas, of the City Commission of the City of Delray Beach, Florida. To the extent these Local Rules shall modify ar conflict with the standard "Robert's Rules of Order'' as adopted above, these Local Rules shall prevail to the- extent of their conflict or inconsistency with "Robert's Rules of Ox~cler". In addition to these local rules, rules far quasi judicial proceedings shall applyto proceedings which require quasi judicial hearings. i. Regular meetings of the Cary Commission shall be held on the first and third Tuesdays. of each month, with the exception of the month of December and any Delray Beach municipal election dates, at 6:00 p.m., in City Hall. During the month of December only, the regular City Commission meetings shall occur on the first and second Tuesdays at 6:00 p.m at City Hall. There shall be no regular City Commission meeting on the date of a Delray Beach municipal election. A meeting that would otherwise have been scheduled far such date shall be held on the Thursday immediately following the election at 6:00 p.m. at City Hall. 2. Workshop meetings of the City Commission shall be held on the second Tuesday of each month at 6:00 p.m. in Oty Hall, except that there shall be no workshops in the month of December. City commission local rules 2009.doc 3. All regular City Commission meetings shall be held in the City Commission Chambers at Caty Hall, unless otherwise- designated by the City Commission. All workshop City Commission meetings will be held in either the First Floor Conference Room or the Commission Cambers at City Hall, as determined by the City Manager. All meetings of the City Commission shall end by 11:00 p.m. unless extended beyond 11:00 p.m, by a majorityvote of the City Commys5ipn. Th re er the mee . shall end up2n~e conclusion of each, hour (12c00, I:00, etc.}, unless ended a ' ri v to f ' sio for ach hour.. Any unfinished business shall be considered at a time and place set by the City Commission. 4. There may also be special workshop meetings at such other times as so designated. in advance by the City Commission for the purposes of holding joint meetings with City boards, etc., to .include receiving annual reports and presentations from the City's boards, committees, agencies and authorities, or for such other purposes as maybe deemed necessary or desirable bythe City Commission, 5. Special meetings shall be called at the request of the Mayor in accoxdance with the provisions of the Ciity Garter and the Code of Ordinances. 6. To the extent campauble with the conduct of business, all workshop meetings shall be held on an informal basis. The applicability of the City's general tales shall not be strictly applied. Public comments after presentations will be limited to three (3} minutes at the Mayor's discretion or by consensus of the City Commission. 7. Although appropriate members of the City Attorney's Office and City Administration may place items on either the workshop or the regular agendas, all regular agendas shall be subject to review in advance by the Mayor prior to their publication, except that a majority of the memlaers of the City Commission may request that the City Manager's office place or remove an item on such regular agendas, and that all such regular agendas shall be further subject to the approval of the City Commission preceding the conduct of business at each such meeting. If the Commission or any of its members wish to place or remove an item on an agenda, or if any member of the Commission has a question or concern about an item, .any such request or inquiry shall be directed to the City Manager's office for disposition as opposed to any Commission member contaetrrig any City officer or employee who is subject to the direction and supervision of the CityManager. S, With regard to the agenda for regular City Corrunission meetings, the following shall aPPIY~ a. To the extent possible, the City Administration shall group aII matters by subject area, and shall place as many as possible on the consent portion of the agenda. City commission local rules 2009.doc b. The agenda format shall be generally as follows: A call to order, invocation, pledge of allegiance, formal approval of the agenda, formal approval of minutes, proclamations and presentations, if any, the consent agenda, the regular agenda, public hearings, public comments and inquiries from the floor concerning items not an the approved agenda, first readings of ordinances, followed by items not specifically on the published agenda from the City Manager, the City Attorney, and members of the City Corrunission. The public hearing segment of the agenda shall be duly advertised for and shall commence at 7:00 p.m. or as soon thereafter as possible. c. Any items received during the non agendaed items section of the regular agenda may, at the discretion of the Cammiission, be discussed. by the Caty Commission at the time of such presentation, maybe directed by the Commission to the City Manager for action or resolution, ar may be added to a subsequent workshop agenda if a member of the City Commission so specif ically requests. d. (1) Votes taken on orelinances, resolutions and motions shall be by roll call and shall be recorded by the City Clerk. 'The roll call shall be on a rotating basis and according to the numbered Commission seats, i.e.: Motion A-Order o£ rotation: Seat 1, Seat 2, Seat 3, Seat 4, Seat 5 Motion B - Order of rotation: Seat 2, Seat 3, Seat 4, Seat 5, Seat 1 Motion C - Order of rotation: Seat 3, Seat 4, Seat 5, Seat 1, Seat ~, etc. (2) There shall be no votes taken on any non-published/non-agendaed items, except upon the declaration of an emergency. The declaration of emergency shall only be determined upon the affirmative vote of no less than four (4) members, or a unanimous vote if only three (3) City Commission members are present and voting on such motion. These rules are not intended to and shall not supersede the procedures and requirements. of the City Charter, Code of Ch~linances or State. Statute with regard to emergency matters- for considerationbythe CityCammission. e. All public input. an agendaed or non agendaed items shall be limited to not more than three (3) minutes. per person, subject to an e~ensian of such time upon the formal approval by a majority vote of -the City Commission members present and voting on such request for extension of time. f. The Mayor shall have the authorityto limit immaterial, unnecessary or redundant presentations or requests. g. 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. City commission local rules 2009.dac IxI. QTY BOARD, CONIlVII'TTEE, COMMISSION AND AGENDA APPQINTMENTS. A. All appointments to city boards, commissions and committees whose members are not subject to appointment by other entities, and in accordance with any applicable restrictions by5tate Statute,-shall be made in accordance with the following procedures: 1. All vacancies subject to appointment to .such city boards, commissions and committees shall be made on a nomination basis by each of the members of the City Commission. 'T'his nomination shall be construed to be a Motion to Appoint, which must be seconded by another member of the City Commission then present and voting, and then adopted by an affirmative vote of no less than three {3} votes. A Commissioner may defer an appointment to the next regular meeting. If a Commissioner is not readp to make an appointment at the next regular meeting then the nomination shall rotate to the next appropriate Commissioner. If a Commissioner mares a nomination/motion and this motion either fails- for lack of a second or does not receive a sufficient number of affirmative votes, then that Commissioner shall have one additional opportunity to make a secondary nomination for this vacancy at this same meeting or the next successive regular meeting. If that appointment should also fail for lack of a second to the nomination or by not receiving sufficient affirmative- votes, then the nomination shall rotate to the next appropriate Commissioner. 2. The rotation system shall be by numbered Commission seat and insofar as possible, each Commission seat shall be assigned an equal number of initial appointments from the date of adoption of these rules, i.e.: Board A- Order of Rotation: Seat 1, Seat 2, Seat 3, Seat 4, Seat 5 Board B -Order of Rotation: Seat 2, Seat 3, Seat 4, Seat 5, Seat 1 Boatel C -Order of Rotation: Seat 3, Seat 4, Seat 5, Seat 1, Seat 2 3, A separate rotation list shall be established by the City Clerk's office for each. such City board, commission or committee, and the City Clerk's office shall maintain records of the rotation list, the status. of same, and the nominations made by each Commissioner. In the instance where a vacancy is available at a City Commission meeting where the Commissioner who is next on the rotation is absent, then the City Commission shall postpone this appointment to the next regular meeting. Should this Commissioner not be present at the subsequent meeting, then the nomination ability shall pass to the next Commissioner on the rotation system present at that meeting. City commission local rules 2p09.doc 4. in the event that an individual, duly nominated and appointed to a board, commission or committee by a Commissioner at a City Commission meeting, is unable to accept or declines the appointment, for whatever reason, then the Commissioner who appointed the individual unable to serve shall have the opportunity to nominate a ,r+eplacement appointee to fill the vacancy before the nomination ability passes to the next Commissioner on the rotation system, Such replacement appointment shall be made no later than the second. regular meeting subsequent to the meeting at which the declined appointment was made. If the replacement appointment is not made within this time frame, then the nomination abilityshall pass to the next Commissioner on the rotation system 5. Appointments for vacancies occurring on a board wherein the particular member has, for whatever reason, not fulfilled their entire term of membership on that ;particular board, commission or committee, shall be to complete the unexpired term only. 6. The CityCommission retains the right to waive these requirements bythe affirmative vote of no less than four (4} members of the City Commission under circumstances that would be in the best interest of the City {or a unanimous vote if only three members of the Caty Commission are present and voting on such motion}. 7. These n11es, when adopted, shall supersede any other general rules or local rules which are inconsistent herewith, to the extent of such inconsistency. Approved and adopted by the City Commission of the City of Delray Beach, Florida, at the .Annual Organizational Meeting held on March 2b, 209. ATTEST: Chevelle D. Nubin, CMC CityClerk Note: Local Rules as adopted by City Commission Adareh 36, 3009 City cornrnission local rules 2~09.doc MEMORANDUM TO: Mayor and City Commissioners FROM: R. Brian Shutt, City Attorney DATE: July 23, 2009 SUBJECT: AGENDA ITEM 9.H. -REGULAR COMMISSION MEETING OF AUGUST 4, 2009 APPOINTMENT OF OUTSIDE COUNSEL/LEITCH V. CITY OF DELRAY BEACH ITEM BEFORE COMMISSION Approval of the appointment of Kara Rockenback, Esq. as co-counsel in the Appellate Case of Leitch v. City of Delray Beach at the rate of $225.00 per hour. BACKGROUND During the trial that took place the week of March 30, 2009, the jury returned with a verdict of $65,397.26 against the City, however, the Court granted the City's motion for directed verdict, thus ruling in favor of the City and nullifying the jury verdict. The Plaintiff has appealed the Court's ruling and is not only seeking a reinstatement of the jury verdict but a new trial regarding damages related to past and future pain and suffering. RECOMMENDATION The City Attorney's Office recommends approval. MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: July 29, 2009 SUBJECT: AGENDA ITEM 9.I. -REGULAR COMMISSION MEETING OF AUGUST 4, 2009 APPOINTMENTS TO THE EDUCATION BOARD ITEM BEFORE COMMISSION This item is before Commission for appointments to the Education Board. BACKGROUND There are two vacancies on the Education Board for student members to serve a two (2) year term ending July 31, 2011, and a one (1) year term ending July 31, 2010. 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 eduction. The student members shall be residents of the City of Delray Beach or attend Delray Beach public schools. The following individuals have submitted applications and would like to be considered for appointment: John Paul Caruso Student Nathaniel Ellis Student Based on the rotation system, the appointments will be made by Commissioner Bernard (Seat #4) for one (1) student to serve on the Education Board for a two (2) year term ending July 31, 2011, and Mayor McDuffie (Seat #5) for one (1) student member to serve a one (1) year term ending July 31, 2010. RECOMMENDATION Recommend the appointment of two (2) student members to the Education Board to serve a two (2) year term ending July 31, 2011, and a one (1) year term ending July 31, 2010. 07/09 EDUCATION BOARD TERM EXPIRES NAME & ADDRESS OCCUPATION 07/31 /2011 Catherine DeMatto Unexp Appt 02/20/07 Tralning & DeVelOpment/ Reappt 07/24/07 Rea 07/07/09 ~r ~L SaIeS ~<et111g 07/31 /2010 Gerald Crocilla Appt 08/01/06 Reappt 07/15/08 EdLlcatOr 07/31 /2010 Derline Pierre-Louis Amt m/15/o8 President/Plan & Budget Reviewer 07/31 /2010 Kenneth Zeno Unexp Appt08/07/07 Reappt 07/15/08 Training Consultant/Educator 07/31 /2010 Harold Van Amem, Vice Qiair Unexp Appt 12/13/05 Reappt07/11/06 Rea 07/15/08 Develo r 07/31 /2010 Sandra Weatherspoon Appt 07/15/08 ASSlstarit Pnnci al 07/31 /2011 Theodore Bernian Appt 07/07/09 Attorne 07/31 /2011 Sandra Tobias, QZair Unexp Appt02/21/06 Reappt07/24/07 Reappt07/07/09 Real Estate/Educator 07/31 /2011 Perry Stokes Unexp Appt01/03/06 Reappt07/24/07 Rea 07/07/09 Educator 07/31 /2011 Mr. Peter Raycroft Educator Unexp Appt 01/03/08 Reappt07/07/09 07/31 /2011 Melanee Blanl~stein Unexp Appt 08/05/08 Reappt 07/07/09 Educator/COnsultant STUDENT MEMBERS (one term limit) 07/31 /2011 Vacant Student 2 YEAR TERM 07/31 /2010 Vacant 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) MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: July 28, 2009 SUBJECT: AGENDA ITEM 9.,T. -REGULAR COMMISSION MEETING OF AUGUST 4, 2009 APPOINTMENTS TO THE HISTORIC PRESERVATION BOARD ITEM BEFORE COMMISSION This item is before the City Commission for appointments to the Historic Preservation Board. BACKGROUND The terms for Mr. Dan Sloan, Ms. Rhonda Sexton and Ms. JoAnn Peart, regular members of the Historic Preservation Board, will expire on August 31, 2009. Mr. Sloan will have served an unexpired term, is eligible and would like to be considered for reappointment. Ms. Sexton will have served one (1) full term, is eligible and would like to be considered for reappointment. Ms. Peart will have served two (2) full terms and is not eligible for reappointment. Appointments are needed for three (3) regular members to serve two (2) year terms ending August 31, 2011. These requirements have been updated to reflect current code requirements. To qualify for appointment, a person shall either be a resident of, or own property in the City, and/or own a business within the City. In addition, the City Commission shall fill five (5) seats on the Board with either an architect, landscape architect, realtor/real estate broker, civil engineer, general contractor, architectural historian, preservationist, land planner or interior designer; the Commission is to endeavor to appoint as many disciplines as possible. Laypersons of knowledge, experience and judgment that have an interest in historic preservation shall compose the balance of the Board. Preference should be given to professional and lay persons who own property within historic districts or whose property is individually listed in the Local Register of Historic Places. Appointments are needed for three (3) of the professions noted to complete the five (5) required professional seats. 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. Based on the rotation system, the appointments will be made by Commissioner Fetzer (Seat #2), Commissioner Frankel (Seat #3) and Commissioner Bernard (Seat #4) for three (3) regular members to serve on the Historic Preservation Board for three (3) year terms ending August 31, 2011. RECOMMENDATION Recommend the appointment of three (3) regular members to serve two (2) year terms ending August 31, 2011. HISTORIC PRESERVATION BOARD EXHIBIT "A" Applicants with experience in the professions required: Annie Adkins-Roof Attorney/Real Estate Broker Ronald Brito General Contractor-President Reginald Cox Architect Shannon Dawson Self-employed/Realtor- Owns a home in a Historic District Pearl Markfield-Elrod Real Estate Percy Mejia Architecture-Project Manager -Owns a business in a Historic District Darla Sernoff Realtor Rhonda Sexton Interior Design Incumbent Jeffrey Silberstein Self-employed Architect - Owns a business in a Historic District Dan Sloan General Contractor/Project Manager Incumbent Applicants interested in being a Layperson: Kristin Christensen Business Owner-Finance - Owns a home in a Historic District George Coleman Attorney Joe Farkas Banking-President Philip Friedman Financial Aid-Assistant Director Karen Goranson Operation AssistanUEducation - Owns a home in a Historic District Loren Levinson Educator Mel Pollack Security Pamela Reeder Environmental Consultant-Retired Stephanie Sugar Regional Director HISTORIC PRESERVATION BOARD 04/09 TERM REGULAR MEMBERS OCCUPATION EXPIRES 08 /31 /2010 Roger Cope, Vice Qiair Architect Unexp Appt 11/21/06 Reappt 08/05/08 08 /31 /2009 Dan Sloan General Contractor Unexp Appt 08/05/08 PPOlect Manager 08 /31 /2010 Thomas Stanley Attorney Amt o8/05/08 Layperson 08 /31 /2010 Jason Feldman Land Use Planner Unexp Appt 04/07/09 08 /31 /2010 Toni Del Fiandra, Qiair Accounting/ Appt 09/19/06 BOOkkeeping Reappt 08/05/08 La rSOn 08 /31 /2009 Rhonda Sexton Interior Design Appt 08/21/07 08 /31 /2009 JoAnn Peart Self employed Amt 08/16/05 Layperson Reappt 08/21/07 Contact: Denise Valek X 7041 S/City Clerk/Board 09/Historic Preservation Board MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: July 29, 2009 SUBJECT: AGENDA ITEM 9.K. -REGULAR COMMISSION MEETING OF AUGUST 4, 2009 APPOINTMENTS TO THE GREEN TASK FORCE ITEM BEFORE COMMISSION This item is before the City Commission for appointments to the Green Task Force. BACKGROUND On June 2, 2009, the Delray Beach City Commission adopted Resolution No. 24-09 (amended by Resolution No. 32-09 on July 21, 2009) establishing the new Green Task Force for the purpose of making recommendations to the City Commission regarding ways to improve the environmental sustainability of City programs, services, equipment and facilities; strategies for improving the environmental sustainability of the community; incentives for residents, businesses, and organizations to practice environmental conservation including recycling; proposed means to enhance water and energy conservation; ideas for promotion of tree planting and xeriscaping; best practices to be considered for implementation in Delray Beach, including long-term strategies; and proposed revisions to City ordinances to address Green technologies. The Green Task Force shall consist of seven (7) regular members and two (2) alternate members. All members shall have expertise or an interest in environmental conservation and sustainability and shall be residents of or own property in the City, own a business within the City, or be an officer, director or manager of a business located within the City. The following individuals have submitted applications and would like to be considered for appointment: (See Exhibit "A" attached) A check for code violations and/or municipal liens was conducted. None were found with the exception of Mr. John Koenig who has a code enforcement violation for the absence of railings on a second floor balcony. Voter registration verification was completed and all are registered with the exception of Yalmaz Siddiqui who is registered to vote in Canada. Based on the rotation system, the appointments will be made as follows: (See Exhibit "B" attached) RECOMMENDATION Recommend appointment of seven (7) regular members and two (2) alternate members to serve on the Green Task Force for terms ending on July 31, 2010, and July 31, 2011. GREEN TASK FORCE EXHIBIT "A" Stephanie Bedenbaugh Human Resources Edward Bispham Construction Alberto Chuecos Director of Oeprations Wyana Claxton Psychotherapist Ana DeMelo Proj ect Manager/Civil Engineering (was member of original Green Task Force) Daniel Garrido Mortgage Loan Consultant David Hawke Architect (currently serving on the Code Enforcement Board) Allen Huntington Finance David Hyde Property Management/Community Organizer Rita Johnson Business Owner-CEO Jayne King Educator-Retired John Koenig Business Owner-Restoration Services (was member of original Green Task Force) Suzanne Schenkel Resource Conservation-Retired Nancy Schneider Planning Technician (was member of original Green Task Force; currently serving on the Parking Management Advisory Board) Yalmaz Siddiqui Environmental Strategy Advisor (was member of original Green Task Force) Wendy Smith Health Policy Consultant GREEN TASK FORCE EXHIBIT `B" Term Expiration Date One year term -July 31, 2010 regular member Commissioner/Mayor to appoint Commissioner Eliopoulos (Seat #1) One year term -July 31, 2010 regular member One year term -July 31, 2010 regular member One year term -July 31, 2010 regular member Two year term -July 31, 2011 regular member Two year term -July 31, 2011 regular member Two year term -July 31, 2011 regular member Two year term -July 31, 2011 alternate member Commissioner Fetzer (Seat#2) Commissioner Frankel (Seat #3) Commissioner Bernard (Seat #4) Mayor McDuffie (Seat #5) Commissioner Eliopoulos (Seat #1) Commissioner Fetzer (Seat #2) Commissioner Frankel (Seat #3) Two year term -July 31, 2011 alternate member Commissioner Bernard (Seat #4) MEMORANDUM TO: Mayor and City Commissioners FROM: Ronald Hoggard, AICP, Principal Planner Paul Dorling, AICP, Director Planning and Zoning THROUGH: City Manager DATE: July 28, 2009 SUBJECT: AGENDA ITEM 10.B. -REGULAR COMMISSION MEETING OF AUGUST 4, 2009 ORDINANCE N0.38-09 (FIRST READING/FIRST PUBLIC HEARINGI ITEM BEFORE COMMISSION Consideration of privately-initiated amendments to the Land Development Regulations (LDRs), Section 4.4.12, "Planned Commercial (PC) District"; Section 4.5.17, "The Silver Terrace Courtyards Overlay District"; and Article 4.7, "Family Workforce Housing", to provide regulations associated with the creation of the Silver Terrace Courtyards Overlay District. BACKGROUND On April 21, 2009, the City Commission adopted Comprehensive Plan Amendment 2009-1, which included a privately-initiated text amendment to modify the description of the GC (General Commercial) Future Land Use designation to increase the maximum density for residential uses from 12 units per acre to 22 units per acre and decrease the maximum intensity for non-residential uses from an FAR of 3.0 to 0.75, specific to the proposed Silver Terrace Courtyards Overlay District. The overlay district, located on the west side of South Federal Highway, between SE 10th Street and Linton Boulevard, measures 8.18 acres in size and encompasses the Floranda Mobile Home Park, several single family homes and Executive Office Quarters, located just north of the mobile home park (see attached location map). Development within the overlay district also requires that 20% of the residential units be workforce housing units. The purpose of the proposed LDR text amendment is to implement the adopted Comprehensive Plan amendment. The text amendments consist of adding the description of the new overlay district to Article 4.5, "Overlay and Environmental Management Districts"; adding requirements for development within the overlay district to the zoning district regulations in Section 4.4.12, "Planned Commercial (PC) District"; and modifying Article 4.7, "Family/Workforce Housing" to accommodate the new overlay district. Please note that Section 4.7.9(0) was added in February 2009 to allow non-eligible occupants to occupy workforce housing rental units under certain conditions. That addition was aprivately-initiated text amendment by the developers of the Historic Depot Square project, which is located within the I- 95/CSX Railroad Corridor Overlay District, and was based on a requirement of 25% workforce housing units, which is the specific requirement for the I-95/CSX Railroad Corridor Overlay District. Since other overlay districts may require less than 25% workforce housing units, including the Silver Terrace Courtyards Overlay District, the language of that section has been modified with the current amendment so that the provisions can be consistently applied throughout the other overlay districts. REVIEW BY OTHERS The text amendment was considered by the Planning and Zoning Board on July 20, 2009. The Board unanimously recommended approval on a 5 to 0 vote (Glickstein and Pike 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, approve on first reading Ordinance No. 38-09 for aCity-initiated amendment to the Land Development Regulations as reflected in the attached ordinance, by adopting the findings of fact and law contained in the staff report and finding that the amendment is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(M) of the Land Development Regulations. ORDINANCE NO. 38-09 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 4.4.12, "PLANNED COMMERCIAL (I'C) DISTRICT", SUBSECTION (D), "CONDITIONAL USES AND STRUCTURES ALLOWED" AND SUBSECTION (G), "SUPPLEMENTAL DISTRICT REGULATIONS", TO PROVIDE REGULATIONS FOR THE SILVER TERRACE COURTYARDS OVERLAY DISTRICT; ENACTING SECTION 4.5.17, "SILVER TERRACE COURTYARDS OVERLAY DISTRICT", TO DEFINE THE OVERLAY DISTRICT; AMENDING SECTIONS 4.7.1, "DEFINITIONS", SECTION 4.7.2 "APPLICABILITY", AND SECTION 4.7.5 "DENSITY BONUS PROGRAM FOR THE SOUTHWEST 10TH STREET AND I-95/CSX RAILROAD CORRIDOR OVERLAY DISTRICTS", TO PROVIDE FOR THE CREATION OF A NEW WORKFORCE HOUSING OVERLAY DISTRICT; AMENDING SECTION 4.7.9, "GENERAL PROVISIONS", SUBSECTION "O", TO MODIFY THE PROVISIONS ALLOWING NON ELIGIBLE OCCUPANTS TO OCCUPY WORKFORCE HOUSING RENTAL UNITS UNDER CERTAIN CONDITIONS; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning Board reviewed the proposed text amendment at a public hearing held on July 20, 2009 and voted 5 to 0 to recommeald 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 Comrission of the City of Delray Beach adopts the findings in the Planning and Zoning Staff Report; and WHEREAS, the City Commission of the City of Delray Beach finds the ordinance is consistent with the goals, policies, and objectives of the Comprehensive Plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the recitations set forth above are incorporated herein. Section 2. That Section 4.4.12, "Planned Commercial (PC) District", Subsection (D), "Conditional Uses and Structures Allowed", of the Land Development Regulations of the City of Delray Seach, Florida, be and the same is hereby amended to read as follows: (D) Conditional Uses and Structures Allowed The following uses are allowed as conditional uses within the PC District except as modified in the Lindell/Federal (Redevelopment Area # 6) Overlay District and the Silver Terrace Courtyards Overlay District by Section 4.4.12(G) and within the Four Corners Overlay District which shall be pursuant to Section 4.4.9(G)(3)(c): (1) All uses allowed as such within the GC District [Section 4.4.9(D)]. (2) Playhouses, Dinner Theaters, and places of assembly for commercial entertainmealt purposes (e.g., concerts, live performances) (3) Private schools and other similar educational facilities, subject to Section 4.3.3(HHH). (4) Adult Gaming Centers. Section 3. That Section 4.4.12, "Planned Commercial (PC) District", Subsection (G), "Supplemental District Regulations", of the Land Development Regulations of the City of Delray Beach, Florida, be and the same is hereby amended to read as follows: (G) Supplemental District Regulations: In addition to the supplemental district regulations set forth in Article 4.6, the following shall apply. (1) Development within the Lindell/Federal Redevelopment Area Overlay District (Redevelopment Area # 6) shall be consistent with the provisions contained within the adopted Redevelopment Plan for the area, as particularly described under the chapter entitled "Section 4: Plan for Future Development." (2) Within the portion of the Redevelopment Area that is bounded by Dixie Highway on the west, the C-15 canal on the south, Federal Highway on the east, and Avenue K (extended) on the north, multiple family residential development with densities of up to 16 units per acre is allowed as a conditional use, subject to the provisions of LDR Section 4.4.6 RM (Medium Density Residential) Zoning District, subsection (I), Performance Standards, and based upon the development's conformance with the applicable standards and criteria described within the adopted Redevelopment Plan. (3) Dwelling units are permitted within the same structure as commercial uses with no restriction on the percentage of each use allowed In the event that residential and nonresidential 2 ORD. NO. 38-09 uses are located in the same structure, residential uses and nonresidential uses must be physically separated and have separate accessways. (4) All development within the Four Corners Overlay District shall also comply with the provisions of Section 4.4.9(G)(3)(d) and (e). (5) Within the Silver Terrace Courtyards Overlay District as defined by Section 4.5.17, multi family residential and mixed use development with residential densities up to 22 units per acre is allowed as a conditional use, subiect to the provisions of LDR Section 4.4.6 RM (Medium Density Residential, Zoning District, subsection (I~, Performance Standards, provided at least 20 % of the units are workforce units which comply with the provisions of Article 4.7, "Family/Workforce Housing'. The maximum nonresidential Floor Area Ratio (FAR) within the overlay district is 0.75. Section 4. That Section 4.5.17, "Silver Terrace Courtyards Overlay District" of the Land Development Regulations of the City of Delray Seach, Florida, be and the same is hereby enacted to read as follow: Section 4.5.17 Silver Terrace Courtyards Overlay District: (A) Defined The Silver Terrace Courtyards Overlay District is located on the west side of South Federal Highwa~pproximately 320 feet south of SE 10~ Street and north of the Plaza at Re ations. Section 5. That Section 4.7.1, "Definitions", of the Land Development Regulations of the City of Delray Seach, Florida, be and the same is hereby amended by enacting subsection 4.7.1(v) to read as follows: ORD. NO. 38-09 v. Silver Terrace Courtyards Overlay District -The area located on the west side of South Federal Highwa~pproximately 320 feet south of SE 10~ Street and north of the Plaza at Delray as shown in the map below S.E. 9lH ST. J J Q Q ~ ~' ARCENS OR . O O W W Y L~ LL Q S.E. 10TH ST. $ < $ w ~ ~- W AY 3 ~ a r Y ~ a ° 3 > = a m ~ CIR. WILSON AVE. UE ~ a J a CENTRAL AVE. ~ ~ ~O . ~ Q y>, ~ O ~ COLLINS AVENUE U ~'J J' Q ~ ~ ~ W X ~ Z e O ~F' - s ~ ~ v ~P o~" E~ BANYAN TREE LANE Section 6. That Section 4.7.2, "Applicability', of the Land Development Regulations of the City of Delray Seach, Florida, be and the same is hereby amended by enacting subsection 4.7.2(j ) to read as follow: i. In the Silver Terrace Courtyards Overlay District, at least t~~ent,~(20~percent of all residential units must be ~rkforce housing units that are affordable to very low, or low, or moderate income families. Section 7. That Section 4.7.5, "Density Sonus Program for the Southwest 10~ Street and I- 95 /CSX Railroad Comdor Overlay Districts", of the Land Development Regulations of the City of Delray Seach, Florida, be and the same is hereby amended to read as follow: Section 4.7.5 Density Sonus Program for the Southwest 10th Street1 ~d I-95/CSX Railroad Comdor and Silver Terrace Court, a~Overlay Districts. 4 ORD. NO. 38-09 a Developers of properly in the Southwest 10th Street Overlay District shall develop the properties to afford a minimum of twenty percent of the residential units as workforce housing units. The twenty percent that are developed as workforce housing units must contain units that are affordable to very low, low or moderate income families. ii. In the Southwest 10th Street Overlay District, the maximum density allowed is the maximum zoning density allowed in the zoning district. To obtain the maximum density allowed in the zoning district, not only must a minimum of twenty percent of the residential units be developed as ~rkforce housing, but all the performance standards that allow increased density shall also be substantially met. iii. Workforce housing units maybe located off-site provided the location chosen is within the City of Delray Seach iv. All sections of Article 4.7 apply to the Southwest 10th Street Overlay District, except for Sections 4.7.4, 4.7.11 and 4.7.12. b. Developers of property in the I-95/CSX Railroad Comdor Overlay District shall develop the properties to afford a minimum of twenty-five percent of the residential units as ~rkforce housing units. The twenty-five percent that are developed as workforce housing units must contain units that are affordable to very low, low or moderate income families. ii. In the I-95/CSX Railroad Comdor Overlay District, the maximum density allowed is twenty-four (24) units per acre as a Conditional Use. To obtain a density greater than 6 units per acre, not only must a minimum of twenty-five percent of the residential units be developed as ~rkforce housing, but the performance standards of Section 4.4.6(I), shall also be substantially met. iii. All sections of Article 4.7 apply to the I-95/CSX Railroad Comdor Overlay District, except for Sections 4.7.4, 4.7.11 and 4.7.12. i. The twentypercent that are developed as workforce housing units must contain units that are affordable to very low low or moderate income families. ORD. NO. 38-09 ii. In the Silver Terrace Courtyards Overlay District, the maximum density iii. All sections of Article 4.7 apply to the Silver Terrace Courtyards Overlay District, except for Sections 4.7.4, 4.7.11 and 4.7.12. Section 8. That Section 4.7.9, "General Provisions", of the Land Development Regulations of the City of Delray Beach, Florida, be and the same is hereby amended by amending subsection "o'", to read as follows: o. Workforce housing rental units shall be marketed continuously as workforce housing units. In the unlikely event that, notwithstanding the marketing efforts outlined in a specific Covenant agreement, the total number of occupied workforce housing units does not equa1100% of the workforce units required for the proT and , as to workforce units which Dave remained vacant for 45 days or more due to a lack of Eligible Occupants, those units may be rented to non eligible occupants at market rents; provided that the Developer shall pay to the Delray Beach Housing Trust Fund (DSHTF) at the end of each calendar year any rents actually received from the non eligible occupants of the workforce units for that year in excess of the rents that would have been received from Eligible Occupants for such workforce units based on workforce rents at the time of the signing of the lease ("Excess Rental Payment"). Excess Rental Payments shall accrue only for periods in which the required ~ 100% is not satisfied No later than 20 days following the end of the month, the Developer shall provide the DSHTF with a monthly statement highlighting those units which require Excess Rental Payments. No later than 30 days following the end of the year, the Developer shall provide the DSHTF with an annual statement and shall submit the amounts due to the DSHTF within thirty(30) days following written notice from the DSHTF of its approval of each annual statement. The workforce units rented to non eligible occupants will be considered Workforce Housing Units for the purposes of complying with this Ordinance, but only until the next vacant unit is rented to an eligible candidate, at which time the non eligible unit will cease to be considered a Workforce Housing Unit. If less than ~ 100% of the total number of workforce units reauired for the proT are occupied with workforce eligible occupants, then each subsequent vacant unit shall be marketed to workforce eligible applicants pursuant to an approved marketing and advertising plan until all required workforce units are rented to eligible occupants. Section 9. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or Ord be declared by a court of competent jurisdiction to be invalid, 6 ORD. NO. 38-09 such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid Section 10. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed Section 11. That this ordinance shall become effective immediately upon its passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the day of , 2009. ATTEST City Clerk First Reading Second Reading MAYOR ORD. NO. 38-09 Q Q ¢ ~ Cfl W ~ ~ N z > ~ W W Q TH ST. S~E~ 7TH 3 v~ 0 0 = z ~ r N M a S.E. 8TH ST. S T. ¢ Z ¢ ~ S.E. 8TH S T. N o z ~ w z ~ ~ TH N COURT ~ s.E.em 3 ¢ CT. ~ r r ~ ~ a ~ vi v~ vi = = Q ~ ~ S.E. 9TH ST. ^ ~ S.E. 9TH ST. W J J ~ Q Q ~ ~ Q SWINTON GARDENS DR. W W vi ~ ~ L~ L~ s.E. 1orH sr. N. LONGPORT CIR. ~ w ¢ rc ~ r U ~ ~ ~ O ~ U ~ ~ ~ STONE ~ m a o H WAY ~ Q ~ z 3 w Z ~ aY o ~ POI I o_ m _ - S. LONGPORT CIR. WILSON AVE. REIGLE AVENUE ~ J ¢_ ~ Q S.E. 12TH RD. ~ CENTRAL AVE. ~ ~ ~O. ~ P a Q o v~ O `~ LJ B ~ COLLINS AVENUE Q J' ~ o' w z X ~ ° ~ ~P - ~\~~ U 4' ~ P O~V~ RHOUES ~~ BANYAN TREE LANE UEL-HAVE O L I N T O N B O U L E V A R D -- D/GITAL BASE MAP SYSTEM -- MAP REF: S:\Planning & Zoning\DBMS\File-Cab\Z-LM 1001-1500\LM1093_Silver Terrace (Layout-2) N SILVER TERRACE SUBJECT PROPERTY ~ COURTYARD OVERLAY DISTRICT PLANNING AND ZONING Q `' DEPARTMENT LOCATION MAP PLANNING AND ZONING BOARD MEMORANDUM STAFF REPORT MEETING DATE: JULY 20, 2009 AGENDA NO.: IV. D. AGENDA ITEM: CONSIDERATION OF PRIVATELY-INITIATED AMENDMENTS TO THE LAND DEVELOPMENT REGULATIONS (LDRS), SECTION 4.4.12 "PLANNED COMMERCIAL" (PC) DISTRICT; ARTICLE 4.5 "OVERLAY AND ENVIRONMENTAL MANAGEMENT DISTRICTS"; AND ARTICLE 4.7 "FAMILY/WORKFORCE HOUSING", TO PROVIDE REGULATIONS ASSOCIATED WITH THE CREATION OF THE SILVER TERRACE COURTYARDS OVERLAY DISTRICT. ITEM BEFORE THE BOARD The item before the Board is that of making a recommendation to the City Commission regarding privately-initiated amendments to the Land Development Regulations to provide regulations associated with the initial creation of the Silver Terrace Courtyards Overlay District. 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 On April 21, 2009, the City Commission adopted Comprehensive Plan Amendment 2009-1, which included aprivately-initiated text amendment to modify the description of the GC (General Commercial) Future Land Use designation to increase the maximum density for residential uses from 12 units per acre to 22 units per and decrease the maximum intensity for non-residential uses from an FAR of 3.0 to 0.75, specific to the proposed Silver Terrace Courtyards Overlay District. The overlay district, located on the west side of South Federal Highway, between SE 10th Street and Linton Boulevard, measures 8.18 acres in size and encompasses the Floranda Mobile Home Park, several single family homes and Executive Office Quarters, located just north of the mobile home park (see attached location map). Development within the overlay district also requires that 20% of the residential units be workforce housing units. The purpose of the proposed LDR text amendment is to implement the adopted Comprehensive Plan amendment. The Family/Workforce Housing Ordinance, adopted by the City Commission on December 6, 2004, included incentives to provide workforce housing by allowing density bonuses within the Southwest Neighborhood Overlay District. The program has been expanded several times since to provide additional opportunities and incentives for the provision of workforce housing. Major revisions included establishment of additional workforce housing overlay districts; increasing the affordability time frames from 30 to 40 years; allowing lots of record between 40 feet and 50 feet to be developed for workforce housing; and requiring the provision of workforce housing to qualify for increased density or height in the CBD zoning district. The latest amendment to the program occurred in February 2009 with the addition Section 4.7.9(0) with provisions to allow non-eligible occupants to occupy workforce housing rental units under certain conditions. Planning and Zoning Board Memorandum Staff Report, July 20, 2009 Amendment to LDRs Pertaining to the Silver Terrace Courtyards Overlay District ANALYSIS The LDR text amendments seek to create an additional Overlay District within the Planned Commercial zoning district on the west side of South Federal Highway, approximately 320 feet south of SE 10th Street and north of the Plaza at Delray. Residential development to a maximum of 22 units per acre is permitted through the conditional use process within the overlay district, with a requirement that 20% of the units be workforce housing, subject to the requirements of Article 4.7, "Family/Workforce Housing." Substantial compliance with the performance standards of 4.4.6(1) will also be required to exceed 6 units per acre within the overlay district. The maximum nonresidential Floor Area Ratio (FAR) within the overlay district is 0.75. The text amendments consists of adding the description of the new overlay district to Article 4.5, "Overlay and Environmental Management Districts"; adding requirements for development within the overlay district to the zoning district regulations in Section 4.4.12, "Planned Commercial (PC) District"; and modifying Article 4.7, "Family/Workforce Housing" to accommodate the new overlay district. As noted earlier, Section 4.7.9(0) was added in February 2009 to allow non-eligible occupants to occupy workforce housing rental units under certain conditions. That addition was aprivately- initiated text amendment by the developers of the Historic Depot Square project, which is located within the I-95/CSX Railroad Corridor Overlay District, and was based on a requirement of 25% workforce housing units, which is the specific requirement for the I-95/CSX Railroad Corridor Overlay District. Since other overlay districts may require less than 25% workforce housing units, including the Silver Terrace Courtyards Overlay District, the language of that section has been modified with the current amendment so that the provisions can be consistently applied throughout the other overlay districts. REQUIRED FINDINGS LDR Section 2.4.5(M)(5) (Findings): Pursuant to LDR Section 2.4.5(M)(5) (Findings), in addition to LDR Section 1.1.6(A), the City Commission must make a finding that the text amendment is consistent with and furthers the Goals, Objectives and Policies of the Comprehensive Plan. A review of the objectives and policies of the adopted Comprehensive Plan was conducted and the following applicable Objectives and Policies were noted: Future Land Use Element Objective A-5 The City shall maintain its Land Development Regulations, which shall be regularly reviewed and updated, to provide timely, equitable and streamlined processes including, but not limited to, building permit processes for residential developments and to accommodate mixed-use developments, and other innovative development practices. As participation in the Workforce Housing Program continues, it will be necessary to modify the regulations from time to time to increase efficiency and to ensure that the intended results are achieved. Expansion of the program to include an additional Overlay District will create an opportunity for additional workforce housing units to be constructed within the City. Based on the land area within the Silver Terrace Courtyards Overlay District, approximately 36 affordable housing units may ultimately be developed. 2 Planning and Zoning Board Memorandum Staff Report, July 20, 2009 Amendment to LDRs Pertaining to the Silver Terrace Courtyards Overlay District Housing Element Objective B-1 The City shall work to ensure that there continues to be an adequate supply of quality housing to accommodate very low, low, and moderate income households. Housing Element Objective B-2 Redevelopment and the development of new land shall result in the provision of a variety of housing types and other amenities (i. e. bike trails, parks, sidewalks) to accommodate the diverse economic makeup of the City's demographic profile, and meet the housing needs of all residents. In addition to the above objectives, a text amendment was adopted as part of Comprehensive Plan Amendment 09-1 to support increased residential density (with workforce housing) within the Silver Terrace Courtyards Overlay District. The amendment modified the description of the General Commercial FLUM designation to read as follows: General Commercial: This designation is applied to land which is, or should be, developed for general commercial purposes e.g. retail, office, services. Light industrial type uses such as fabrication and assembly are permissible under this designation when located in the special overlay district between Federal Highway and Dixie Highway, north of N.E. 14th Street to the north City limit. A maximum Floor Area Ratio of 3.0 is permitted for nonresidential uses, except for mixed-use development within the Four Corners Overlay District, where the nonresidential component is limited to an FAR of 2.0, and except within the Silver Terrace Courtyards Overlay District where the nonresidential development is limited to an FAR of 0.75. Residential uses may comprise up to 15% of the total floor area of the General Commercial Land Use designation. Residential uses are permitted either in conjunction with a commercial use, or as a stand alone use subject to Conditional Use approval. Residential density is limited to a maximum of 12 dwelling units per acre, except in Redevelopment Area #6 (Lindell/Federal Highway) where residential densities may be allowed up to a maximum of 16 units per acre subject to Conditional Use approval and the criteria outlined in the Redevelopment Plan for that area and within the Silver Terrace Courtyards Overlay District where residential densities may be allowed up to a maximum of 22 units per acre subject to Conditional Use approval. Areas with the General Commercial designation, located within a workforce housing overlay district, may also exceed 12 units per acre up to a maximum of 30 units per acre within the Four Corners Overlay District and 18 units per acre within the infill workforce housing area, by obtaining density bonuses through the provision of workforce housing units. The ultimate goal of the Family/Workforce Housing Program is to encourage the provision of housing, which is affordable to very low to moderate income households through the use of incentives. By expanding this program, the proposed text amendments are consistent with and will further 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: ^ Progressive Residents of Delray (PROD) ^ Neighborhood Advisory Council 3 Planning and Zoning Board Memorandum Staff Report, July 20, 2009 Amendment to LDRs Pertaining to the Silver Terrace Courtyards Overlay District Letters of objection and support, if any, will be provided at the Planning and Zoning Board meeting. ASSESSMENT AND CONCLUSION The purpose of the proposed privately-initiated LDR text amendments is to implement the adopted Comprehensive Plan Amendment 2009-1, which created the Silver Terrace Courtyards Overlay District on South Federal Highway, within the General Commercial FLUM designation. The currently proposed text amendment to the Land Development Regulations will further enhance the City's Workforce Housing Program by adding an additional Overlay District to the program. With a minimum of 20% workforce housing units required within the Overlay District, there is a potential for an additional 36 workforce housing units to be constructed within the City. The proposed amendment is consistent with and furthers the Goals, Objectives and Policies of the Comprehensive Plan. RECOMMENDED ACTION Move to recommend to the City Commission approval of privately-initiated amendments to the Land Development Regulations (LDRs), Section 4.4.12, "Planned Commercial (PC) District"; Section 4.5.17, "The Silver Terrace Courtyards Overlay District"; and Article 4.7, "Family Workforce Housing", to provide regulations associated with the creation of a new Overlay District, by adopting the findings of fact and law contained in the staff report and finding that the request is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(M) of the Land Development Regulations. Attachments: • Proposed Ordinance • Location Map s:\planning & zoning\boards\p&z board\Idr text amendment silver terrace courtyards overlay district.doc 4 MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: July 28, 2009 SUBJECT: AGENDA ITEM 10.C. -REGULAR COMMISSION MEETING OF AUGUST 4, 2009 ORDINANCE N0.35-09 (SECOND READING/SECOND PUBLIC HEARINGI ITEM BEFORE COMMISSION This ordinance is before Commission for second reading and second public hearing to consider a city initiated amendment to Land Development Regulations (LDR) Section 4.6.9, "Off-Street Parking Requirements", Subsection (C), "Number of Parking Spaces Required", Sub-subsection (8), "Multiple Uses", Paragraph (A), "Shared Parking", to allow the utilization of the shared parking calculations table for mixed-use developments when there is no residential use. BACKGROUND At the first reading on July 21, 2009 the Commission passed Ordinance No. 35-09. RECOMMENDATION Recommend approval of Ordinance No. 35-09 on second and final reading. ORDINANCE NO. 35-09 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES, BY AMENDING SECTION 4.6.9, "OFF-STREET PARKING REQUIREMENTS", SUBSECTION (C), "NUMBER OF PARKING SPACES REQUIRED", SUB-SUBSECTION (8), "MULTIl'LE USES", PARAGRAPH (A), "SHARED PARKING", TO ALLOW THE UTILIZATION OF THE SHARED PARKING CALCULATIONS TABLE FOR MIXED-USE DEVELOPMENTS WHEN A RESIDENTIAL USE IS NOT PROVIDED, PROVIDING A SAVINGS CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning Board reviewed the proposed text amendment at a public hearing held on June 15, 2009 and voted 4 to 0 to recommend that the changes be approved; and WHEREAS, pursuant to Florida Statute 163.3174(4)(c), the Planning and Zoning Board, sitting as the Local Planning Agency, has determined that the change is consistent with and furthers the goals, objectives and policies of the Comprehensive Plan; and WHEREAS, the City Commission of the City of Delray Beach adopted the findings in the Planning and Zoning Staff Report; and, 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 4.6.9, "Off-Street Parking Requirements", Subsection (C) "Number of Parking Spaces Required, Sub-Subsection (8) "Multiple Uses", Paragraph (a) "Shared Parking" of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be and the same is hereby amended to read as follows: (a) Shared Parking: When a building or combination of buildings on a unified site or sites contains a mix of uses as categorized in the table below, ~~ ~~~~~' ~ r '~~+'' ,. ,a;~+,-;,.+ the minimum total number of required parking spaces shall be determined by the following method: Multiply the required parking spaces for each individual use by the appropriate percentage listed in the table below for each of the designated time periods. Add the resulting minimum required spaces in each of the five vertical columns for the table. The minimum total parking requirement is the highest sum of the vertical columns. Shared Parking Calculations Table Use for multiple use projects , Weekday Weekend Use Night Midnight to 6 A.M. Dav 9 A.M. to 4 P.M. Evening 6 P.M. to Midnight Dav 9 A.M. to 4 P M Evening 6 P.M. to Midnight Residential 100% 60% 90% 80% 90% Office 5% 100% 10% 10% 5% CommerciaURetail 5% 70% 90% 100% 70% Hotel 80% 80% 100% 80% 100% Restaurant 10% 50% 100% 50% 100% Entertainment/Recreational (theatres, bowling alleys, etc) 10% 40% 100% 80% 100% Other 100% 100% 100% 100% 100% For mixed use developments utilizing the shared parking calculations table, which contain both residential and non-residential uses, a minimum of one (1) parking space shall be reserved for each residential unit. These reserved spaces, or any spaces reserved for other uses, must be included in the "other" category and applied as 100% utilization. Furthermore, subsequent to the issuance of a Certificate of Occupancy (CO), the reservation of additional parking spaces will require a site plan modification and be subject to the provision of the minimum parking requirements. Section 3. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 4. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 5. That this ordinance shall become effective immediately upon its passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the day of , 2009. ATTEST: MAYOR CITY CLERK First Reading Second Reading Page 1 of 2 MEMORANDUM TO: Mayor and City Commissioners FROM: MARK MCDONNELL, AICP, ASST. DIRECTOR PLANNING AND ZONING PAUL DORLING, AICP, DIRECTOR PLANNING AND ZONING THROUGH: CITY MANAGER DATE: July 10, 2009 SUBJECT: AGENDA ITEM 10.F. -REGULAR COMMISSION MEETING OF JULY 21, 2009 ORDINANCE N0.35-09 (FIRST READING/FIRST PUBLIC HEARING ITEM BEFORE COMMISSION Consideration of acity-initiated amendment to Land Development Regulations (LDRs) that will remove the requirement that a residential land use component be included in a mixed-use development before it is allowed to utilize the shared parking calculation, and to expand this shared parking option to mixed- useprojects located anywhere in the City. BACKGROUND The LDRs currently allow mixed use buildings or combinations of buildings on a unified site to apply a shared parking calculation. The associated shared parking table [LDR Section 4.6.9(C)(8)(a)] assigns a percentage of utilization during the various time periods throughout the day. This calculation allows for the same spaces to be used at different times based upon the "peak period" of impact/demand. Current regulations require the project to have a residential component, and also limit the zoning districts within which the shared parking calculation may be applied. The current zoning districts that allow use of the shared parking calculation are the Central Business District (CBD), the GC (General Commercial) district, the Mixed Residential Office & Commercial (MROC) district, and the Planned Commercial (PC) district. Requiring mixed use projects to include a residential component was a deliberate decision when the shared parking calculation was initially enacted. The primary reason was to ensure a residential component be encouraged in the downtown. Hotels and office space enhance a year round day time population to help support local businesses and are uses that are highly desirable in the downtown. Currently, if these uses do not contain a residential component, they are required to provide parking in excess of those required if the shared parking option were available. Combined hotel and office uses have varying peak parking times and should be able to benefit from the shared parking provisions. This amendment will allow this combination of uses to http://miweb001/AgendasBluesheet.aspx?ItemID=2382&MeetingID=213 7/28/2009 Page 2 of 2 utilize this shared parking approach. REVIEW BY OTHERS The text amendment was considered by the Planning and Zoning Board on June 15, 2009. The Board unanimously recommended approval on a 4 to 0 vote, by adopting the findings of fact and law contained in the staff report and finding that the amendment is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(M) of the Land Development Regulations. RECOMMENDATION By motion, recommend approval on first reading of Ordinance No. 35-09 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=2382&MeetingID=213 7/28/2009 PLANNING AND ZONINt9 BOARD STAFF REPORT MEETING DATE: JUNE 15, 2009 AGENDA NO: V.D. AGENDA ITEM: CONSIDERATION OF ACITY-INITIATED AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS (LDR), BY AMENDING ARTICLE 4.6, "SUPPLEMENTAL REGULATIONS", SECTION 4.6.9, "OFF-STREET PARKING REQUIREMENTS" BY AMENDING SUBSECTION (C)(8)(A), "SHARED PARKING", TO ALLOW THE UTILIZATION OF THE SHARED PARKING CALCULATIONS TABLE FOR MIXED-USE DEVELOPMENTS, REGARDLESS OF WHETHER THE MIX HAS A RESIDENTIAL COMPONENT. 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 remove the requirement that a residential land use component be included in a mixed-use development to allow utilization of the shared parking calculation, and to expand this shared parking option to mixed-use projects anywhere in the City. 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 LDRs currently allow mixed use buildings or combinations of buildings on a unified site to apply a shared parking calculation. The associated shared parking table [LDR Section 4.6.9(C)(8)(a)] assigns a percentage of utilization during the various time periods throughout the day. This calculation allows for the same spaces to be used at different times based upon the "peak period" of impact/demand. Current regulations require the project to have a residential component, and also limit the zoning districts within which the shared parking calculation may be applied. The current zoning districts that allow use of the shared parking calculation are the Central Business District (CBD), the GC (General Commercial) district, the Mixed Residential Office & Commercial (MROC) district, and the Planned Commercial (PC) district. Requiring mixed use projects to include a residential component was a deliberate decision when the shared parking calculation was initially enacted. The primary reason was to ensure that redevelopment projects included a residential component in the downtown. Hotels and office space enhance a year round day time population to help support local businesses and are uses that are highly desirable in the downtown. Currently, if these uses do not contain a residential component, they are required to provide parking in excess of those required if the shared parking option were available. Combined hotel and office uses have varying peak parking times and should be able to benefit from the shared parking provisions. Planning and Zoning Board Meeting, June 15, 2009 LDR Amendment -Shared Parking Calculation The uses that are included and remain unchanged in the shared parking calculation table are: • Residential • Office • Commercial/Retail • Hotel • Restaurant • Entertainment/Recreational • Other Not all zoning districts are currently eligible to apply shared parking. Current regulations limit it to the following zoning districts: • CBC-Central Business District MROC-Mixed Residential Office & • GC-General Commercial Commercial District • PC-Planned Commercial This ordinance will expand the shared parking option to the following districts: • NC-Neighborhood Commercial • RT-Resort/Tourism • POC-Planned Office Center • POD-Professional and Office District • PCC-Planned Commerce Center • MIC-Mixed Industrial and Commercial • I-Industrial • CF-Community Facilities • OSSHAD-Old School Square Historic Arts District • SAD-Special Activities District • LI-Light Industrial • CBD-RC-Central Business District- Railroad Corridor R~QIJIRE® FINIDINGS 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 the following goals, objectives and/or policies are identified: Objective C-3 The Central Business District (CBD) and surrounding neighborhoods, including A-1-A, Seacrest and Swinton Avenue represents the essence of what is Delray Beach i.e. a "village by the sea". The continued revitalization of the CBD is essential to achieving the overall theme of the City's Comprehensive Plan by managing growth and preserving the charm. The following policies and activities shall be pursued in the achievement of this objective. Policy C-3.1 The Central Business District (CBD) Zoning District regulations shall facilitate and encourage rehabilitation and revitalization and shall, at a minimum, address the following: ^ deletion of inappropriate uses ^ incentives for locating retail on the ground floor with office and residential use on upper floors 2 Planning and Zoning Board Meeting, June 15, 2009 LDR Amendment -Shared Parking Calculation ^ accommodating parking needs through innovative actions ^ incentives for dinner theaters, playhouses, and other family oriented activities ^ allowing and facilitating outdoor cafes ^ incentives for mixed use development and rehabilitations ^ elimination of side yard setback requirements ^ allow structural overhang encroachments into required yard areas Policy C-3.2 The "Downtown Delray Beach Master Plan" was adopted by the City Commission on March 19, 2002. Covering the downtown business districts surrounding the Atlantic Avenue corridor between I-95 and A-1-A, it represents the citizens' vision for the growth and unification of Delray Beach, while still retaining the "village 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 proposed ordinance is consistent with the above policies in that parking needs will be accommodated through innovative actions, and that incentives are provided for mixed use developments and rehabilitations. REVIEV!/ BY OTHERS This item was presented to the following advisory boards and they offered their recommendations as follows: The Downtown Development Authority reviewed this item at their regular meeting on June 8, 2009 and unanimously recommended approval. The Community Redevelopment Agency reviewed this item at their regular meeting on May 28, 2009 and recommended approval. 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 4.6.9, "Off-street Parking Requirements" , by amending Subsection (C)(8)(a), "Shared Parking", to allow the utilization of the shared parking 3 Planning and Zoning Board Meeting, June 15, 2009 LDR Amendment -Shared Parking Calculation calculatiions table for mixed-use developments when a resiidential use is not provided, 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 4.6.9, "Off-street Parking Requirements" , by amending Subsection (C)(8)(a), "Shared Parking", to allow the utilization of the shared parking calculations table for mixed-use developments when a residential use is not provided, 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). RECOIIlIMBN®B® AC71®N Recommend approval of the amendment to Land Development Regulations, Section 4.6.9, "Off- street Parking Requirements", by amending Subsection (C)(8)(a), "Shared Parking", to allow the utilization of the shared parking calculations table for mixed-use developments when a residential use is not provided, 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 No. 35-09 LDR-Shared Parking Remove Resid. Requirement- PZB-6-15-09 4 MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: July 28, 2009 SUBJECT: AGENDA ITEM 10.D. -REGULAR COMMISSION MEETING OF AUGUST 4, 2009 ORDINANCE N0.33-09 (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) 2.4.3(K), "Fees", Sub-subsection (1), "Development Applications", Sub-subsection (3), "Permit Fees", to provide for an increase in such fees. BACKGROUND At the first reading on July 21, 2009 the Commission passed Ordinance No. 33-09. RECOMMENDATION Recommend approval of Ordinance No. 33-09 on second and final reading. ORDINANCE NO. 33-09 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SUBSECTION 2.4.3(K), "FEES", SUB-SUBSECTION (1), "DEVELOPMENT APPLICATIONS", SUB-SUBSECTION (3), "PERMIT FEES", TO PROVIDE FOR AN INCREASE IN SUCH FEES; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning Board reviewed the proposed text amendment at a public hearing held on June 15, 2009 and voted 4 to 0 to recommend that the changes be approved; and WHEREAS, pursuant to Florida Statute 163.3174(4)(c), the Planning and Zoning Board, sitting as the Local Planning Agency, has determined that the change is consistent with and furthers the goals, objectives and policies of the Comprehensive Plan; and WHEREAS, the City Commission of the City of Delray Beach adopts the findings in the Planning and Zoning Staff Report; and WHEREAS, the City Commission of the City of Delray Beach finds the ordinance is consistent with the Comprehensive Plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the recitations set forth above are incorporated herein. Section 2. That Subsection 2.4.3(K), "Fees", Sub-subsection (1), "Development Applications", of the Land Development Regulations of the City of Delray Beach, Florida, be and the same is hereby amended to read as follows: (1) Development Applications: The following fees shall be charged for development applications. All fees are cumulative and separate unless otherwise indicated. Combined applications shall provide multiple fees. (a) Comprehensive Plan Amendment ~9~ $2,625 (b) Review of a ADA/DRI $0 Modification of a DRI ~~ $0 (c) Voluntary Annexation with Zoning 4) $1 160 4 (d) Rezoning of Land ~-~99~ $2,100 (e) Modification of a SAD Ordinance to add a use or uses ~?98~ $2,100 (~ Conditional Uses, New Application $-1~59~ $1,575 Modification requiring Board Review $ 640 (g) Master Plans ~4~4 5{~) $1 275 1 Master Plan Modification (5) (h) Formal review of a Sketch Plan [Section 2.41(B)] $--FrIB $ 640 (i) Similarity of Use ~&~ $ 320 (j) Site Plan Review Class I (Non-Impacting Modification) ~~ $ 115 Class II (Non-Impacting with Board Review) ~~ $ 240 Class III (Minor Modification) I~ $ 580 1 Class IV (Major Modification) I~ $ 960 (1) Class V (New Submission) $~ $1,275 (1) (k) Extension requests for a previous conditional use, site plan or master development plan (12) Class I Site Plan Modification $-~~ $ 60 Class II Site Plan Modification ~~ $ 120 Class III Site Plan Modification ~~ $ 290 Class IV Site Plan Modification $--4~~ $ 455 Class V Site Plan $ 640 Master Development Plan ~~ $ 640 Master Development Plan modification (5) Conditional Use ~~ $ 790 Conditional Use Modification $-~9~ $ 320 Certificate of Appropriateness for Minor Development $ 30 Certificate of Appropriateness for Maj or Development $ 280 (1) Plats Minor Subdivision ~-~K(~) $ 960 1 Major Subdivision $I~ $1 920 1 Plat Recording Fee (3) 2 ORD. N0.33-09 (m) Abandonments Right-of--way ~~ $ 790 General Easements ~~ $ 390 Specific Easements ~~ $ 195 (n) Master Sign Program ~~ $160 (o) Variances Board of Adjustment ~- ~8~ $525 Historic Preservation Board $ 250 (p) Formal interpretation by the Board of Adjustment ~- -~ (per item) $- -F~ $65 (c~ Certificate of Appropriateness by Board (14) Minor Development $ 60 (2) Major Development $ 555 {~} (r) Certificate of Appropriateness by Staff $ 0 (13) (s) Request for Historic Designation $ 60 (per property) Request for Change of Historic Designation or Classification $ 60 (per property) (t) Hearing before the Board of Adjustment r it m) ( ~ ~ $65 pe e (u) Temporary Use Request involving City Commission ~ ~~ $ 140 Action (v) Water Service Agreement Request - - without concurrent site plan ~~ $ 140 - - with concurrent site plan $ 0 (w) Land Development Regulations Text Change ~'~ $1,575 (x) Waivers and Internal Adjustments ~~~ $140 per request (6) ~~o $265 per request (7) (y) Appeals by Applicant ~~ $355 (8) (z) Advertising (9) 3 ORD. N0.33-09 (aa) Zoning Verification Letter Interpretation of existing LDRs Requiring Research for Previous Development Activity (bb) North Beach/Seagate and Ocean Neighborhood Overlay District Review (cc) Application Fee for In-Lieu Of and Public Parking Fee Requests (dd) Ad Valorem Tax Exemption (Review Concurrent with COA Review) Ad Valorem Tax Exemption (Review after CO received for approved development) (ee) Re-Submittal Fee will be charged on the 3rd and subsequent re-submittals (ff) Legal Review of Documents (der documents ~~ $ 60 $ 130 plus $35 per hr in excess of 2hrs $ 1,560(1) $~8) $ 240 10 $ 0 $ 60 $ 200 15 $ 150 (gg,) Applicant's request for Postponement/Continuance(~er request) $ 75 (hh) Stand Alone Bars (der requests NOTES: $ 50 (1) Plus an additional fee of $100 per acre, (or fraction thereof), beginning at 3.01 acres; or $100 for each new 10,000 sq~or fraction thereof) above 100,000 sq. ft. of non-residential or mixed-use floor area; or $50 for each new 10 residential units (or fraction thereof) above 100 units, whichever is greater up to a maximum of $3,000 per project. (2) This fee shall be credited against any other processing fee which maybe applicable to the request. (3) $30.00 for the first sheet of the plat, $15.00 for each additional sheet, or as modified from time to time by Palm Beach County, payable to Palm Beach County. (4) Fee may be waived by the City Manager, for properties that have already been developed, or for sites under one (1) acre in size. (5) Same fee that would apply for site plan modification. (6) For requests made during the site plan /master plan review process. (7) For requests made subsequent to the site plan /master plan review process. 4 ORD. N0.33-09 (8) Includes appeals of both administrative decisions and Board actions. (9) The Applicant shall be responsible for all advertising fees including newspaper publications. The applicant shall provide pre-addressed envelopes with the required postage for mailed notices. If the required advertising fees are not paid at least four days (4) prior to the hearing, the presiding body, shall postpone action on the application until such fees are paid. In the event such postponement results in additional mailing or publication costs, the applicant shall be responsible for the additional fees. (10)If approved, this fee will be credited toward the associated site plan modification. (ll)Recording fees of any documents shall be paid by the Applicant (12)Two fees are required if both a Conditional Use and Site Plan or Site Plan Modification are being extended for one project. (13) There is no fee if the item is listed as an application permitted for Staff approval. (14) Certificates of Appropriateness not associated with a Site Plan, Site Plan Modification, and/or Conditional Use. (15) Re-Submittal fees are only assessed if the 3rd and subsequent re-submittals are required because initial technical comments were not addressed in previous submittals and are not a result of new comments or revised proposals necessitated by staff comments. Section 3. That Subsection 2.4.3(K), "Fees", Sub-subsection (3), "Permit Fees", of the Land Development Regulations of the City of Delray Beach, Florida, be and the same is hereby amended to read as follows: (3) Permit Fees: Fees associated with permits are applicable per the following. All fees are cumulative and separate unless otherwise indicated. Combined applications shall provide multiple fees. No permit fees are included in the imposition of application fees. (a) Shrub Clearing Permit: -- one acre $100 and $10 for each additional acre (b) Tree Removal Permit: $ 25 per tree Where a tree has died due to natural causes including disease, lethal yellowing, freezing temp., lightning and storms, or if the tree is of a prohibited species, there shall be no permit fee even though inspection and permit requirements shall be met. $ -0- (c) Temporary Use, not requiring City $ 150 Commission action (e.g. Tents) (d) Mitigation Verification Affidavit $25 5 ORD. N0.33-09 (e) Work in the Public Right-of--way (f) Renewal/Extension of Permit (g) Signs and Signing Application Fee Permit Fee, non-electric Permit Fee, electric $25 $2 / sq. ft. /face $20 Plus $2 / sq. ft. /face (h) Permits for new buildings and additions which include all the following items: * Building Permit * Electrical Permit * Plumbing Permit * Mechanical Permit * Roofing Permit For permit activity valued at $1,000 or less: -- Minimum fee of: $50 -- Plus: $30 per required inspection -- Plus: $50 per reinspection (1) -- Plus: $100 /each change of contractor For permit activity valued at $1,001 or more: -- Minimum fee of:$50 and $20 per each additional $1,000 of value, or fraction thereof -- Plus: $50 per reinspection (1) -- Plus: $100 /each change of contractor (i) Permits for miscellaneous items such as driveways, fences, reroofs, pools, utility sheds, patios, sidewalks, landscaping, irrigation: For permit activity valued at $1,000 or less: -- Minimum fee of: $40 -- Plus: $30 per required inspection -- Plus: $50 per reinspection (1) -- Plus: $100 /each change of contractor $15 $150 6 ORD. N0.33-09 For permit activity valued at $1,001 or more: -- Minimum fee of: $40 and $20 for each additional $1,000 of value or fraction thereof -- Plus: $50 per reinspection (1) -- Plus: $100 /each change of contractor (j) Permits for sub trade work including, but not limited to: * Site work * Structural Pest Control * Underground Fuel Tanks * General Construction * Subcontracts for General Construction For permit activity valued at $1,000 or less: -- Minimum fee of: $50 -- Plus: $30 per required inspection -- Plus: $50 per reinspection (1) -- Plus: $100 /each change of contractor For permit activity valued at $1,001 or more: -- Minimum fee of: $50 -- Plus: $40 for each $1,000 of value or fraction thereof -- Plus: $50 per reinspection (1) -- Plus: $100 /each change of contractor (k) Moving of a building or structure: $400 (1) Demolition of single family residence: $250 Demolition of commercial structure: $250 for every 5,000 sq. ft. Demolition of commercial accessory building: $ 150 per building Interior demolition for single family & commercial only; non-structural $200 (m) Drilling or Driving a Potable well: $70 (n) Change-out Permits: A change-out permit is for work by asub-trade contractor or qualified owner-builder which involves the repair or replacement of minor components. Minor components include, but are not limited to, showers, sinks, water heaters, air- conditioning condenser units, air-handlers, heat strips, minor duct repair, electrical 7 ORD. N0.33-09 fixtures, electrical service upgrades, pool pumps, irrigation systems pumps and accessories, and ceiling fans. Value of less than $200: $ -0- Value of $200 to $1,000: $50 Value greater than $1,000 per normal permit (o) Certificate of Occupancy: -- Conditional Certificates: $700 (p) Penalty for failing to call for a final inspection: $100 (q) Penalty where work is begun without a permit: Where work for which a permit is required is started or proceeded with prior to obtaining said permit, the fees herein specified shall be tripled. The payment of such triple fee shall not relieve any persons from fully complying with the requirements of this code in the execution of the work, nor from any other penalties prescribed herein. (r) All service stations, grocery stores, kidney dialysis centers, pharmacies, residential buildings with elevators, country clubs and/or clubhouses in residential communities shall be permitted to install generators and all appurtenances related to generators including fuel storage areas and screening and all permit fees for installation shall be waived. (s) Construction Trailer: $250 each plus sub trade permits (t) Sales Trailer: $750 each plus sub trade permits. (u) Accessory Buildings: Pre-Fab: Up to 36 sq. ft: $ 50 + $30 per required inspection 37 sq. ft. and above: $100 + $30 per required inspection Site Built: Up to 36 sq. ft.: $100 + $20 per required inspection 37 sq. ft. and above: $150 + $20 per required inspection (v) Electrical Inspection of Unoccupied Property for Meter Installation: Residential $250 Commercial $300 (w) Electrical "Temp for Test" 30-day Power Release: 8 ORD. N0.33-09 Up to 2000 sq. ft. $100 2,000 sq. ft. to 5,000 sq. ft. $150 5,001 sq. ft. to 50,000 sq. ft. $200 50,001 sq. ft. and over $300 NOTE (1): Reasons necessitating additional inspection fees include, but are not limited to: * The work, or correction to previously inspected work, does not meet code requirements; * An incorrect address is on the application by action of the applicant; * The work, or correction to previously inspected work, is not ready for inspection at the time specified in the application for reinspection. Section 4. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 5. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 6. That this ordinance shall become effective immediately upon its passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the day of , 2009. ATTEST MAYOR City Clerk First Readi Second Reading 9 ORD. N0.33-09 Page 1 of 2 MEMORANDUM TO: Mayor and City Commissioners FROM: Jasmin Allen, Planner Paul Dorling, AICP, Director of Planning and Zoning THROUGH: City Manager DATE: July 10, 2009 SUBJECT: AGENDA ITEM 10.E. -REGULAR COMMISSION MEETING OF JULY 21, 2009 ORDINANCE N0.33-09 (FIRST READING/FIRST PUBLIC HEARING ITEM BEFORE COMMISSION Consideration of aCity-initiated amendment to the Land Development Regulations Section 2.43(K)(1) &(3) to provide for an increase in the Development Application Fees and Permit Fees. BACKGROUND During the process to change the fee schedule in 2003, the City Commission directed staff to process changes as needed every two years. Increases in development application fees were processed in 2005 and 2007. While there have been several recent fee adjustments to individual applications, the last overall re-evaluation and adjustment of the fees was approved by the City Commission on August 21, 2007. Staff has researched adjacent municipality fee schedules for similar development activities and has determined that an additional increase in the Development Application fees of 5% is justified. This increase would place the City of Delray Beach's fees comparatively closer to the fees charged by the adjacent municipalities. It should be noted however that the application fees for developments within historic districts or for individually designated historic properties will remain unchanged. The current fees are commensurate with adjacent municipalities. The amendment also eliminates the DRI (Development of Regional Impact) fee as this application type has been eliminated by the Florida Legislature (Senate Bill 360). The proposed amendment also establishes a new fee of $150.00 for legal review of documents, a fee of $75.00 for an applicant's request for postponement or continuance at the Board meeting, a fee of $50.00 for "stand alone" bar requests, and a re-submittal fee of $200 to be charged on the 3rd and subsequent re-submittals of the development proposals. In the past, staff has periodically reviewed applications which have required more than two revisions prior to proceeding to the Board. In those cases a full re- review by all staff disciplines and outside agencies is required, thus surpassing the review costs associated with the initial application fee. Modifications are also proposed to the sliding fee structure http://miweb001/AgendasBluesheet.aspx?ItemID=2380&MeetingID=213 7/28/2009 Page 2 of 2 for site plans, master plans and plat applications for parcels which contain less than 3 acres but may have floor areas in excess of 100,000 sq. ft. or contain over 100 residential units. The amendment adds a sliding fee of $100 per each 10,000 square feet (or fraction thereof) in excess of 100,000 sq. ft. or an additional fee of $50 for each ten (10) units (or fraction thereof) over 100 units for a maximum of $3,000.00 per project. Additionally, the fee for zoning verification letters has been modified to establish a two tier system. The costs for zoning verification letters pertaining to the interpretation of the existing LDRs for a specific use will be $60.00 (one-half reduction of the current fee). However, requests for zoning verification letters that require research pertaining to previous development activity will be assessed the base fee of $130.00 plus an additional fee of $35 per hour for research exceeding 2 hours. Finally, the proposed ordinance also modifies permit fees pertaining to demolitions by creating specific categories as opposed to the current overall flat fee and adds new fees for accessory buildings, electrical inspection for unoccupied properties and electrical "temp for test" 30-day power release permits. Additional background and analysis is provided in the attached Planning & Zoning Board Staff Report. REVIEW BY OTHERS The text amendment was considered by the Planning and Zoning Board on June 15, 2009. The Board requested that the re-submittal fee of $200 be clarified so that such fee would only be assessed if the 3rd and subsequent re-submittals are required because initial technical comments were not addressed in previous submittals and are not a result of new comments or revised proposals necessitated by staff comments. No one from the public spoke on the issue. The Board unanimously recommended approval on a 4 to 0 vote (John Miller, Chuck Halberg and Deborah 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, approve the City-initiated amendment to Land Development Regulations Section 2.43(K) (1)&(3) to provide for an increase in the Development Application Fees and Permit Fees, by adopting the findings of fact and law contained in the Staff Report and finding that the request is consistent with the Comprehensive Plan and meets the criteria set forth in LDR Section 2.4.5(M)(5). Attachments: - Ordinance No. 33-09 - Planning and Zoning Board Staff Report of June 15, 2009 http://miweb001/AgendasBluesheet.aspx?ItemID=2380&MeetingID=213 7/28/2009 S ~_ PLANNING AND ZONING BOARD MEMORANDUM STAFF REPORT MEETING OF: JUNE 15, 2009 AGENDA NO: V. B. AGENDA ITEM: AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS SECTION 2.4.3(K){1)&(3) TO PROVIDE FOR AN INCREASE IN THE DEVELOPMENT APPLICATION AND PERMIT FEES. 1 ITEM BEFORE THE BOARD'' The item before the Board is that of making a recommendation to the City Commission regarding an amendment to the Land Development Regulations (LDRs) to increase the land development application and permit fees pursuant to LDR Section 2.4.5{M). Pursuant to Section 1.1.fi(A), an amendment to the Land Development Regulations may not be made until a recommendation is obtained from the Planning and Zoning Board. BACKGROUND AND ANALY5'.1S J This amendment is to Section 2.4.3 (K)(1)&((3} which outlines the current fee schedules for "Development Applications" and "Permit Fees". During the process to change the fee schedule in 2003, the City Commission directed stafF to process changes as needed every two years. in 2005, and again in 2007 LDR amendments were processed that increased the development application fees by 5%. In addition, the proposals, included significant adjustments for processes that were undervalued such as requests for zoning verification letters and included a new fee for a Certificate of Appropriateness (COA) as it related to demolitions, new construction and additions in historic districts that required Board review. In 2007 larger increases were also adopted for Amendments to the Comprehensive Plan, Rezoning, Amendments to the hand Development Regulations, Conditional Uses, Abandonment of rights-of way and Variances. The proposed changes also included a new fee for advertising costs that required the applicant to pay for aA the advertising costs, including newspaper publications, and to provide self-addressed envelopes with the required postage for mailed notices prior to the hearing before a Board or the City Commission. This is a common requirement of other municipalities. Subsequently, several fee adjustments have been made to individual application requests. On February 19, 2008, increases were adapted for "Single Family Overlay District Review" to compensate for staff review and transmittal of plans by FedEx to Urban Design Studio as well as creating a separafie fee for both the Conditional Use extension request and Site plan extension request when associated with a single project. On September 16, 2008, a fee schedule was established for all extension requests (approximately half the initial application fee} and on January 6, 2009, new fees were established for requests for changes in historic classifications andlor designations and ad valorem tax exemption requests for historic properties. On February 17, 2009, the North BeachlSeagate and Ocean Neighborhood Overlay District Review fee was increased to Planning and Zoning Staff Report-.June 15, 2009 LDR Text Amendment -Land Development Application and Permit Fees accommodate an increased in the contract agreement with the new "Urban Design Kilday Studios" for their design manual compliance review. On May 19, 2009, a fee for extension requests for master plans was added. Development Application Fees Historically, Delray Beach has been at the low end of the fee schedules in comparison to our neighboring municipalities. As stated above while several modifications have been recently made to individual categories, an overall increase has not been considered since 2007. It should be noted that Palm Beach County recently adopted a new fee schedule that provides automatic increases every year for the next three years. Staff researched adjacent municipalities fee schedules far similar development activities and determined that an increase in the Development Application fees of 5% is justified (the fees have been rounded up in increments of five dollars ($5,00). This increase would place the City of Delray Beach's fees comparatively closer to the fees charged by the adjacent municipalities. It should be noted however that the application fees for developments within historic districts or for individually designated historic properties will remain unchanged. The current fees are commensurate with adjacent municipalities. The amendment also eliminates the DRi {Development of Regional Impact) fee as this application type has been eliminated by the Florida Legislature {Bill 360). The proposed amendment establishes new fees for legal review of documents, requests for postponement ar continuation at the Board meeting by an applicant, a re-submission fee after the second revision, and far "stand alone" bars requests. Review of legal documents such as unity of titles, right-of-wayleasement deeds, hold harmless and maintenance agreements necessitates additional review by the City Attorney's office and associated recording fees. As such a fee of $150.00 for each document is proposed. Establishing a fee for an applicant's request for continuance of an action at a Board meeting is warranted as additional staff time to review revised submittals and to create new staff reports result in additional costs to the City. Thus, a new fee of $75.00 is proposed for each continuance. ]n the past, staff has periodically reviewed applications which have required more than two revisions prior to proceeding to the Board. In those cases a. full re-review by all staff disciplines and outside agencies are required thus, surpassing the review costs associated with the initial application fee. In addition to being a new source of revenue, it is also hoped that it will serve as a deterrent to submitting incomplete or inadequately prepared submittals. The fourth new fee proposed pertains to applications for "stand alone" bars. The LDRs establishes procedures for an application fora "stand alone" bar request which includes review of a written request, issuance of a letter confirming legal status and in cases of competing requests, preparing Planning and Zoning Board and City Commission reports outlining required findings of LDR Section 2.4.5(E). However, a processing fee has never been assigned for this process. This amendment recommends a fee of $ 50.00 for each application request. The proposed amendment also modifies the sliding fee s#ructure for site plans, master plans and plat applications and adds a sliding fee based on floor area for non-residential or mixed-use projects and a sliding fee for larger residential projects based on the number of units, Currently, a sliding fee based on acreage is applied to sites greater than 3 acres with a maximum project fee of $3,000.00. However, sites less than three acres (3) that may have float areas in excess of 100,000 sq, ft. or residential units aver 100 units that demands excessive staff processing are not being assessed a sliding fee and are subject to the same base fee far smaller developments. The proposed amendment establishes a sliding fee of $100 per each 10,000 square feet (or fraction 2 Planning and Zoning Staff Report--June 15, 2009 LDR Text Amendment -Land Development Application and Permit Fees thereof) in excess of 100,000 sq. ft. or an additional fee of $50 for each ten (10) units (or fraction thereof) over 100 units for a maximum of $3,000.00 per project. Vllith the new fee a commercial development consisting of 200,000 square feet would be assessed a total processing fee of $2,275.00 ($1,275.00 base fee plus an additional $1,000.00) compared with $1,275.00 if the sliding fee was not introduced. With the introduction of the sliding fee a new residential developments consisting of 250 residential units would be assessed a total processing fee of $2,025 {$1,275.00 base fee plus an additional $750.00) as opposed to $1275.00 if the sliding fee was not introduced. Noted below are the sliding fee schedule for the City of Boca Raton and the City of Boynton Beach. Ci of Boca Ratan site Ian a royals in all districts structure size ins uare feet: 0-4,999 $1,761.00 5,000-14,999 $2,315.00 15,000-over $2,882.00 City of Boynton Beach (New life plans or Maior Site Plan Modification -total project sg. ft Up to 2,999 $750 3,ODD-14,999 $1,000 15,000-49,000. $1,500 50,OOD-149,D00 $2,000 150,000-499,999 $2,500 50D,000 + $3,OOD Finally, the fee for zoning verification letters has been modified to establish a two tier system. The costs for zoning verification letters pertaining to the interpretation of the existing LDRs for a specific use will he $60.00 (one-half reduction of the current fee). However, requests for zoning verification letters that require research pertaining to previous development activity will be assessed the base fee of $130.00 plus an additional fee of $35 per hour for research exceeding 2 hours. The Tabie below provides a comparison of the proposed new fees with other Municipalities: Boca Raton Boynton Palm Beach Proposed Fees Beach County (Delray Beach) Each Re-Submittal after 2nd - - $199.00 $200.00 Submission Revision Legal Review of $50.00- $155.00 $50D.00 $150.00 Documents $147.00 Applicant's $75.00 if 2 $76.00 $25-$50 $75.00 Postponement meetings are /Continuance missed Stand Alone Bars - - - ~ $50.00 3 Planning and Zoning Staff Report -June 9 5, 2009 LDR Text ArrEendment -Land Development Application and Permit Fees Permit Fees The proposed ordinance also modifies permit flees pertaining to demolitions by creating specific categories as opposed to the current overall flat fee as well as add new fees for accessary buildings, electrical inspection for unoccupied properties and electrical "temp for test" 30-day power release permits. Pursuant to LDR Section 2.4.5(M)(5), approval of an LDR amendment must be based upon a finding that the amendment is consistent with and furthers the Goals, Objectives, and Policies of the Comprehensive Plan. While the amendment does not specifically further the Goals, Objectives, and Policies of the Comprehensive Plan, it is not inconsistent with them. RF/tEV1! BY OT.HERS'' Courtesy Notices: Courtesy notices were provided to the following homeowner and civic associations: ^ Neighborhood Advisory Cauncif ^ Progressive Residents of Delray {PROD) ^ Chamber of Commerce Letters of objection and support, ifi any, will be provided at the Planning and Zoning Board meeting. RECOMMI=LADED ACTION; By motion, recommend to the City Commission approval of the amendments to the Land Development Regulations Section 2.4.3{K}{1)&(3} regarding proposed increases to the Land Development Application Fees, and Permit Fees, by adapting the findings of fact and law contained in the staff report and finding that the request is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(M) of the Land Development Regulations. Attachment: ^ Proposed Ordinance 4 MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: July 28, 2009 SUBJECT: AGENDA ITEM 10.E. -REGULAR COMMISSION MEETING OF AUGUST 4, 2009 ORDINANCE N0.32-09 (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 4.4.13(B)(3), "Principle Uses and Structures Permitted", to clarify that "Public Open Space/Plaza", is a principal (permitted) use within the Central Business District (CBD). BACKGROUND At the first reading on July 21, 2009 the Commission passed Ordinance No. 32-09. RECOMMENDATION Recommend approval of Ordinance No. 32-09 on second and final reading. ORDINANCE NO. 32-09 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 4.4.13, "CENTRAL BUSINESS (CBD) DISTRICT", SUBSECTION (B), "PRINCIPAL USES AND STRUCTURES PERMITTED", TO CLARIFY THAT PUBLIC OPEN SPACE/PLAZA IS A PERMITTED USE IN THE CENTRAL BUSINESS DISTRICT; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTNE DATE. WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning Board reviewed the proposed text amendment at a public hearing held on June 15, 2009 and voted 4 to 0 to recommend that the changes be approved; and WHEREAS, pursuant to Florida Statute 163.3174(4)(c), the Planning and Zoning Board, sitting as the Local Planning Agency, has determined that the change is consistent with and furthers the goals, objectives and policies of the Comprehensive Plan; and WHEREAS, the City Commission of the City of Delray Beach adopts the findings in the Planning and Zoning Staff Report; and WHEREAS, the City Commission of the City of Delray Beach finds the ordinance is consistent with the Comprehensive Plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the recitations set forth above are incorporated herein. Section 2. That Section 4.4.13, "Central Business (CBD) District", Subsection (B), "Principal Uses and Structures Permitted", of the Land Development Regulations of the City of Delray Beach, Florida, be and the same is hereby amended to read as follows: (B) Principal Uses and Structures Permitted: The following types of use are allowed within the CBD District as a permitted use: (1) General retail uses including, but not limited to: (a) Antiques, arts and crafts, automotive parts, baked goods, books, carpet and floor covering, cheeses, beer, wine, liquor, confectioneries, cosmetics, meats, draperies and slipcovers, medicines and prescriptions, electrical fixtures and supplies, fabrics, fish, flowers and plants, fruits and vegetables, food, garden supplies, gifts, glassware, hardware and paints, home furnishings, ice cream, lawn care equipment, leather goods, luggage, medical and surgical equipment, music and musical instruments, nautical supplies, office furniture equipment and supplies, pets and pet supplies, photographic equipment and supplies, sewing supplies, sporting goods, toys, wearing apparel and accessories, appliances, bicycles, business machines, jewelry. (2) Business and professional uses pursuant to restrictions set forth in Section 4.4.13(H)(1) including, but not limited to: (a) Interior decorating, medical and dental clinics, medical and dental laboratories, photographic studios, printing and publishing, professional offices. (3) Services and facilities including, but not limited to: (a) Auctions, barber and beauty shops and salons, caterers, dry cleaning limited to on-site processing for customer pickup only, dry cleaning and laundry pickup stations, laundromats limited to self-service facilities, pet grooming, restaurants excluding drive-in and drive-through, outdoor cafes, tailoring, tobacconist, vocational schools limited to arts and crafts, business, beauty, dancing, driving, gymnastics, photography, modeling, and karate judo, small item repair, and rental of sporting goods and equipment (such as but not limited to bicycles, skates, boogie boards). (b) Galleries, broadcast studios, butcher shops, cocktail lounges, exercise facilities e.g. gyms and clubs, museums, libraries, newsstands, commercial or public parking lots and parking garages. (c) Public open space/plazas. (4) Multi-family dwelling units, excluding duplexes, up to a maximum density of thirty (30) units per acre except for the West Atlantic Neighborhood or Beach District, where the maximum density is twelve (12) dwelling units per acre. (5) Hotels, motels, bed and breakfast inns, and residential-type inns except in the West Atlantic Neighborhood. (6) Assisted Living Facilities and Continuing Care Facilities. Section 3. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such 2 ORD. N0.32-09 decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 4. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 5. That this ordinance shall become effective immediately upon its passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the day of , 2009. ATTEST MAYOR City Clerk First Reading Second Reading 3 ORD. N0.32-09 Page 1 of 1 MEMORANDUM TO: Mayor and City Commissioners FROM: PAUL DORLING, AICP, DIRECTOR PLANNING AND ZONING THROUGH: CITY MANAGER DATE: July 14, 2009 SUBJECT: AGENDA ITEM 10.D. -REGULAR COMMISSION MEETING OF JULY 21, 2009 ORDINANCE 32-09 (FIRST READING/FIRST PUBLIC HEARING ITEM BEFORE COMMISSION Consideration of acity-initiated amendment to Land Development Regulations (LDRs) that will clarify that public open space/plazas are a permitted use in the CDB zoning district. BACKGROUND The current Land Development Regulations allow several public facilities in the CBD zoning district including libraries, public parking lots and public parking garages. While public plaza and open space features are not specifically indentified in the facilities category, they exist in the CBD district (Worthing Park and Sara Gleason Park). The amendment clarifies that the specific use of public open space/ plazas are allowed as a permitted use in the CBD. This would accommodate the existing facilities identified above (Worthing Park and Sarah Gleason Park) and the proposed open space plaza currently proposed at the southwest corner of West Atlantic Avenue and SW 5th Avenue. REVIEW BY OTHERS The text amendment was considered by the Planning and Zoning Board on June 15, 2009. The Board unanimously recommended approval on a 4 to 0 vote, by adopting the findings of fact and law contained in the staff report and finding that the amendment is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(M) of the Land Development Regulations. RECOMMENDATION By motion, recommend approval on first reading of Ordinance No. 32-09 for acity-initiated amendment to the Land Development Regulations, Section 4.4.13.(B)(3) to clarify that public open space/plazas are allowed as a permitted use in the CBD, 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). http://miweb001/AgendasBluesheet.aspx?ItemID=2388&MeetingID=213 7/28/2009 PLANNING AND ZONING BOARD STAFF REPORT MEETING DATE: JUNE 15, 2009 AGENDA NO: V. A. AGENDA ITEM: CONSIDERATION OF ACITY-INITIATED AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS (LDR), BY AMENDING LDR SECTION 4.4.13 (B)(3) TO INCLUDE PUBLIC OPEN SPACE/PLAZAS AS A PERMITTED USE IN THE CBD DISTRICT. ITEM BEFORE THE BOARD The item before the Board is to make a recommendation to the City Commission regarding a city-initiated amendment to Land Development Regulations (LDRs) that will clarify that public open space/plazas are a permitted use in the CDB zoning district. 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 current Land Development Regulations allows several public facilities including libraries, public parking lots and public parking garages. While public plaza and open space features are not specifically indentified in the facilities category they exist in the CBD (Worthing Park and Sara Gleason Park). The amendment clarifies that the specific use of Public open space/ plazas is allowed as a permitted use in the CBD. This would apply to the existing facilities such as Worthing Park and Sarah Gleason Park and the proposed open space plaza currently proposed at the southeast corner of West Atlantic Avenue and SW 5th Avenue. 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 the following goals, objectives and/or policies are identified: Objective A-2 Park and recreation facilities shall be adequately and efficiently provided with adequate parking and public access and shall be compatible with surrounding existing properties and new development through implementation of the following policies: Policy A-2.1 The City shall provide additional park, recreation, and open space facilities through enhancement of existing facilities, major capital improvements, and the provision of new services to geographic areas which do not have facilities readily available to them. Planning and Zoning Board Meeting -June 15, 2009 LDR Amendment -Public Open Space/Plazas Policy A-2.2 The City, through the Parks and Recreation Department, shall place its first recreation priority on the provision of facilities for activities which serve all residents of the community and which can be achieved through completing the development of existing park areas, enhancing existing facilities, and adding specialized items such as playgrounds to existing facilities. This ordinance amendment is a clarification of permitted uses in the CBD zoning district and continues to be consistent with the Comprehensive Plan objectives and policies noted above. 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 4.4.13.(B)(3) to clarify that public open space/plazas are allowed as a permitted use in the CBD, 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 4.4.13. (B)(3) to clarify that public open space/plazas are allowed as a permitted use in the CBD, 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). (Motion to be made in the affirmative). RECOMMENDED ACTION Recommend approval of the amendment to Land Development Regulations, Section 4.4.13.(B)(3) to clarify that public open space/plazas are allowed as a permitted use in the CBD, 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) Attachments: ^ Proposed Ordinance ^ LDR Section 4.4.13(B) MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: July 28, 2009 SUBJECT: AGENDA ITEM 10.F. -REGULAR COMMISSION MEETING OF AUGUST 4, 2009 ORDINANCE N0.36-09 (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 Land Development Regulations (LDR) Section 4.3.4(K), "Development Standard Matrix", pertaining to setback requirements in the Residential Office District (RO). BACKGROUND At the first reading on July 21, 2009 the Commission passed Ordinance No. 36-09. RECOMMENDATION Recommend approval of Ordinance No. 36-09 on second and final reading. ORDINANCE NO. 36-09 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES, BY AMENDING SECTION 4.3.4, "SASE DISTRICT DEVELOPMENT STANDARDS", SUBSECTION (K), "DEVELOPMENT STANDARDS MATRIX", TO CHANGE THE MINIMUM BUILDING SETBACKS FOR THE RESIDENTIAL OFFICE (RO) DISTRICT; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning Board reviewed the proposed text amendment at a public hearing held on June 15, 2009 and voted 4 to 0 to recommend that the changes be approved; and WHEREAS, pursuant to Florida Statute 163.3174(4)(c), the Planning and Zoning Board, siding as the Local Planning Agency, has determined that the change is consistent with and furthers the goals, objectives and policies of the Comprehensive Plary and WHEREAS, the City Commission of the City of Delray Beach adopts the findings in the Planning and Zoning Staff Report; and WHEREAS, the City Commission of the City of Delray Beach finds the ordinance is consistent with the goals, policies, and objectives of the Comprehensive Plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the recitations set forth above are incorporated herein Section 2. That Section 4.3.4, "Base District Development Standards", Subsection (K), "Development Standards Matrix", 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: (K) Development Standards Matrix: The following matrices set forth the minimum and maximum development standards for each zoning district subject to descriptions, interpretations, and exceptions as provided for elsewhere in Section 4.3.4. Z W ~ ~ ~ a p K _ ¢ Z U U ? w Q ~ > w O h rv V ~ ,~ 2 ~ (~ ~, W 2 M M M M ~ tai W ~ ~ W ~ K Z d U X_ LL J Z w ~ Z oS U Z ~ Q ~ U Z ~ Q ~ W W W ~ ~ a ~ z Z rc _ w x rc " rc . w p C y . N w a ~ ~ 41 .1 Z r Q m ~ N W W ~. _ ~ K a x ~• ~ f/1 F ,y N N F n Z ~ .-. O ~ x rc ~ ~ w ~ Z U K F Z d a O w O y ~ _. ~ ~ ~ w ~ p ~_ o rc w ¢_ ¢_ ~ O Z ~ ~ Z ~ U ~ ~ ~ W ~ Q O Z LL K c Q _ _ _ _ _ _ _ _ ~ ~ _ _ Z _ ~ w p p Z U ~ O rc ~ ~ ~ ~ ~ Z ~ ~ Z 2 r r O a w '~ 0 ~ ~ Z Z ~ ~ U ~ p ~ ~ ~ ~ ~ Z ~ ~ Z ~ ~ F w ~ ~ p N ~ U W U ¢ ~ W ~ Z J N~ Q Q ~ - N - Z - - Q Qq Qqm T C J ~ C ~ J C C O J J 4 4 Q Q Q Q d _ j Q LL' K K K K K K LL' ~ O N d' ~ O N d U N d N ~' ~ C C C c a ~ a c ~ a o _ ~ ° ~ a 'x a ~ ~ o m ~= ~. ~ a E rc E u a o E 'v : ~ ~ ' Q m rc m y ~ ~~ a ~ ~~ ~ _ a~ w a ~ D 0 z 3 ~ r `O W W - - ~ v N °v - v~~a¢~v~, o c ? ~ ~ ~ ~ m ~ = r v o v o~ o _ a ~ v ~ N - o E m 0= w r ~ F ~ w ~ o -- "~r" ~ Ti in ~ ~ ~ o rn _ v > m~ ¢TiO M _ _(! K.. _ ~ ~ n ~p >a v _ ~ U N '~ ~'S vq'f~ o E .. - - ~ rn n ~Ti ~ E m'o c W ii `m to 'c nan ~rv~ to ¢ `m to FEU ~ 3 j vii ~ ~ ~ ~ ~ p~ ~ v o ~~ ~ ~ w ~ ~ o ~ O v E ~ a a m a - N W N~ N~ ry m = ~ w ~ ~ `o vo OFFii - N E ~ ~ m ~a ~ n E ~ ~ w ~ o w E O ~ Zi ~~ j .~ ~ E ORD. NO. 36-09 v/ U H ~_ Z Z N J a z w 0 w z O z ~~ x ~o cac ~C,^ v/ N a~ ~~ ~~ ~ ~ Z ~; a ao O .x E K E - m ~ _ - _ C w F ~ E ~ - O_ ~ N ~ E 3 xV - ~ ~ O _ K ~ Z ~ w W " W W ^ ~ a w ~ ¢ z U ¢ z ¢ z ¢ z ¢ z ~ ¢ z ¢ z U ¢ z -- U ¢ z ¢ z w Z Q ~ w 0 ¢ ¢ ¢ ¢ U n x - ~ x w _. x n m ~ '~ ¢ z °~ ¢ z ~ rc w O w w x ~ ~ z r ~. z z ~ Y ow- < "I U m r K x N ~ W Z ~ Z N F Z - ~ ~ Q Z Q Z LL ~ N w ~ x a" a g Z ¢ Z ¢ Z ¢ Z ¢ Z ~ ¢ Z ¢ Z ¢ Z ~ ¢ Z ¢ Z ~ rc a ,-. ~ O W x 0 ¢ Z ¢ Z - - ¢ Z ¢ Z ¢ Z - ¢ Z ¢ Z ¢ Z ¢ Z ¢ Z ¢ Z ¢ Z Z Q~ ~ ~. ~ ~ w O ~ ~ o ~ w ' ~ o ~ U w ,~ O z ~ ¢ z - m - - - ¢ z 0 J LL _ Z ~~- ~w~ ¢ Z ¢ Z 0 ~ ~~ - 0 o x ~- ~ ¢ 'z ~ ¢ 'z r w x O N J N S ~ ~ _ w ~ U ¢ w ~ U ¢ w ~ U ¢ N o U d' Q = U U t7 U Q U z U a m U m U F rc O a O a O rc U a V ~ - N O U N O N O O U Q w d' ~ E ~? ' c o d c ° ` o ~ ~ a ~ E E ~ r`n 'o i`n 'o c d ~ E o d u ~ r`n 'o k Q -° d ° a ~ ~° ~ °-: E ° d a °o E c c `o ~ k ~ O E m '` 'o mL d d o . :~ c N U a `o o m m .` r °- ~ o c .3 a ~ x c o o ~ Q rc ~ o o m a c d d U ° a c m d ° ~ a c d - j r vi ~ E . c . c ~ ~ ~ d U~ ~ Q ~- z ,~ a U ~ U rc ~ rc ,~ a o a ~ rc ,~ a x ~ a ~ m vi O o U a O a O o U a w ~ 5 ORD. NO. 36-09 Section 3. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or Ord be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid Section 4. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed Section 5. That this ordinance shall become effective immediately upon its passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the day of , 2009. ATTEST City Clerk First Reading Second Reading MAYOR 4 ORD. NO. 36-09 Page 1 of 3 MEMORANDUM TO: Mayor and City Commissioners FROM: Ronald Hoggard, AICP, Principal Planner Mark McDonnell, AICP, Assistant Director of Planning and Zoning THROUGH: City Manager DATE: July 16, 2009 SUBJECT: AGENDA ITEM 10.G. -REGULAR COMMISSION MEETING OF JULY 21, 2009 ORDINANCE N0.36-09 (FIRST READING/FIRST PUBLIC HEARING ITEM BEFORE COMMISSION Consideration of aCity-initiated amendment to the Land Development Regulations Section 43.4(K), to reduce the minimum building setbacks for the Residential Office (RO) zoning district. BACKGROUND As stated in the Land Development Regulations, Section 4.4.17(A) "Purpose and Intent", "The Residential Office (RO) District provides for mixed use of a neighborhood office and residential nature. The RO District is appropriate as: (1) A transitional land use between a commercial or industrial area and a residential area. (2) An incentive zoning in older residential areas which are in the need of redevelopment or revitalization or are in a state of transition. (3) To accommodate professional offices which will meet needs of nearby neighborhoods. (4) An incentive zoning designation for historic districts and/or individually designated historic properties to provide for the rehabilitation of residential structures into office use. " Except for several small parcels scattered throughout the eastern part of the City, the Residential Office (RO) zoning district occurs primarily in the Del-Ida Park and Dell Park subdivisions (see attached map). Of the seventy (70) RO zoned parcels located in this area, over half (54%) are nonconforming with respect to minimum lot size and/or lot width. Additionally, most of the existing structures located on these nonconforming lots are also nonconforming with respect to current building setbacks. Coupled with the small lot sizes, the large building setbacks for the district are hindering the rehabilitation of the residential structures into office uses and keeping this area from realizing its full potential. Building http://miweb001/AgendasBluesheet.aspx?ItemID=2397&MeetingID=213 7/28/2009 Page 2 of 3 additions required for the adaptive reuse of the existing structures, as well as those to expand existing homes, often require variances for the setbacks; and redevelopment of smaller lots is nearly impossible without a variance. For example, with 15-foot side setbacks, the twenty-one 50-foot wide lots within the district would only have a 20-foot wide building area. With this impediment to the revitalization and redevelopment of the area, the RO district's purpose as an incentive zoning has not been attained. To address this issue, staff recommends reducing the side and rear setbacks for the district so that modification of existing buildings and/or new construction can occur without the need for variances. It is recommended that the setbacks for the RO district be the same as those in the OSSHAD district, which allows all of the uses and has some of the same purposes as the RO district, such as promoting the restoration and preservation of historic structures. Accordingly, the setbacks will be modified as follows: Front Side Street Side Interior Rear Existin 25' 25' 15' 25' Pro osed 25' 15' 71/2' 10' The proposed setbacks are more appropriate with the existing development pattern, both historic and non-historic. Although the amendment will increase the development potential within the area, it is noted that visual compatibility of new development within the Del-Ida Park Historic District will be addressed through adherence to the requirements of LDR Section 4.5.1(E)(8). REVIEW BY OTHERS The text amendment was considered by the Planning and Zoning Board on June 15, 2009. The Board unanimously recommended approval on a 4 to 0 vote (Miller, Halberg 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. On June 17, 2009, the Historic Preservation Board (HPB) was asked to review the proposed amendment, since most of the RO properties are located within the Del-Ida Park Historic District. The Board expressed concerns about permitting additional development space for new construction, and that the proposed setbacks may erase the need for the variance incentive for contributing properties within the Del Ida Park Historic District. The Board recommended approval with the following changes: the side interior setback should be 10 feet; and the rear setback 15 feet, with the exception of those properties abutting the FEC Railway and located along NE 3rd Avenue where the rear setback may be 10 feet. The proposed setbacks by the HPB are consistent with R-1-AA, and/or the recent setbacks implemented by the Lake Ida Overlay regulations. Staff Response to HPB recommendation: Given the large number of small lots and the existing development pattern in this district, staff recommends that the setbacks be reduced as originally proposed. By reducing the need for variances to the building setbacks, this modification will promote the purpose and intent of the RO district to encourage redevelopment and revitalization of the area. The lot sizes in the R-1-AA and the Lake Ida area are much larger than those in the RO district. Compatibility of development within the historic district will be maintained through adherence to Section 4.5.1(E)(8), "Visual Compatibility Standards". On June 25, 2009, the Community Redevelopment Agency (CRA) recommended approval of the proposed text amendment. http://miweb001/AgendasBluesheet.aspx?ItemID=2397&MeetingID=213 7/28/2009 Page 3 of 3 RECOMMENDATION By motion, approve on first reading Ordinance No. 36-09 for aCity-initiated amendment to the Land Development Regulations as reflected in the attached ordinance, by adopting the findings of fact and law contained in the staff report and finding that the amendment is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(M) of the Land Development Regulations. http://miweb001/AgendasBluesheet.aspx?ItemID=2397&MeetingID=213 7/28/2009 11TH ST. 1 ® e I L ~. Z )DD LANE ~~-j ' ~ N.E. 5TH CT N.E. L L A K E I D R i i i R 0 R D ............. _, i /._. i i i; r( t i t t' t t( t: ffr tip t( f t t t t c.. 0 0 z z ~ ~ S = ~. ~ _ ~_ J J 4 W '~ 'Q W e > > Iaa® o' rr Iv. ~, SUBJECT PROPERTY ~+T ~~++T .,) t IS I Il+ l ~ ~' PLANNING AND ZONING LOCATIC}N MRP { DEPARTMENT '~,, -- DfGITAL BASE MAP SYSTEM -- MAP REF: U:\AUTOCAI7\RON\RO DISTRICT ;' d `' PLANNING AND ZONING BOARD MEMQRANDUM STAFF REPORT MEETING OF: JUNE 15, 2009 AGENDA NO. V. E. AGENDA ITEM: 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. ITEM BEFORE THE BOARD The item before the Board is that of making a recommendation to the City Commission regarding aCity-initiated amendment to the Land Development Regulations by amending the Development Standards Matrix for non-residential uses in LDR Section 4.3.4(K), to change the minimum building setbacks for the Residential Office (RO) zoning district. 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. DESCRIPTIt~N AND ANALYSIS As stated in the Land Development Regulations, Section 4.4.17(A) "Purpose and Intent", "The Residential Office (RO) District provides for mixed use of a neighborhood office and residential nature. The RO District is appropriate as: (1) A transitional land use between a commercial or industrial area and a residential area. (2) An incentive zoning in older residential areas which are in the need of redevelopment or revitalization or are in a state of transition. (3) To accommodate professional offices which will meet needs of nearby neighborhoods. (4) An incentive zoning designation for historic districts and/or individually designated historic properties to provide for the rehabilitation of residential structures into office use." Except for several small parcels scattered throughout the eastern part of the City, the Residential Office (RO) zoning district occurs primarily in the Del-Ida Park and Dell Park subdivisions (see attached map). Of the seventy (70) RO zoned parcels located in this area, over half (54%) are nonconforming with respect minimum lot size and/or lot width. Additionally, most of the existing structures located on these nonconforming lots are also nonconforming with respect to current building setbacks. Coupled with the small lot sizes, the large building setbacks for the district are hindering the rehabilitation of the residential structures into office uses and keeping this area from realizing its full potential. Building additions required for the adaptive reuse of the existing structures, as well as those to expand existing homes, often require variances for the setbacks; and redevelopment of smaller lots is nearly impossible without a variance. For example, with 15 feet side setbacks, the twenty-one 50 feet wide lots within the district would only have a 20 feet wide building area. With this impediment to the revitalization and redevelopment area, the RO district's purpose as an incentive zoning has not been attained. Planning and Zoning Board Staff Report LDR Text Amendment -Modification of Building Setbacks within the Residential Office (RO) District To address this issue, staff recommends reducing the side and rear setbacks for the district so that modification of existing buildings or new construction can occur without the need for variances. It is recommended that the setbacks for the district be the same as those in the OSSHAD district, which has some of the same purposes and allows all of the uses in the RO district. Accordingly, the setbacks will be modified as follows: Front Side Street Side Interior Rear Existin 25' 25' 15' 25' Proposed 25' 15' 7 1 /2' 10' REQUIRED FINDINGS LDR Section 2.4.5(M)(5) (Findings): Pursuant to LDR Section 2.4.5(M)(5) (Findings), in addition to LDR Section 1.1.6(A), the City Commission must make a finding that the text amendment is consistent with and furthers the Goals, Objectives and Policies of the Comprehensive Plan. The goals, objectives and policies of the Comprehensive Plan were reviewed and there are no applicable goals, objectives or policies noted. While the amendment does not specifically further the Goals, Objectives, and Policies of the Comprehensive Plan, it is not inconsistent with them. RElOIE1iV EY ®THERS Courtesy Notices: Courtesy notices were provided to the following homeowner and civic associations: ^ Progressive Residents of Delray (PROD) ^ Neighborhood Advisory Council Letters of objection and support, if any, will be provided at the Planning and Zoning Board meeting. ASSESSMENT AND C®NCLUSI®N The purpose of this text amendment is to decrease the minimum side street, side interior and rear building setbacks within the RO zoning district. By reducing the need for variances to the building setbacks, this modification will promote the purpose and intent of the RO district to encourage redevelopment and revitalization of the area. RECOMMENDED ACTT®N Move a recommendation of approval to the City Commission for aCity-initiated amendment to Land Development Regulations Section 4.3.4(K), "Development Standards Matrix", to change the minimum building setbacks for the Residential Office (RO) District, by adopting the findings of fact and law contained in the Staff Report and finding that the request is consistent with the Comprehensive Plan and meets the criteria set forth in LDR Section 2.4.5(M)(5). Attachments: • RO District Location Map • Proposed Ordinance 36-09 s:\planning & zoning\boards\p&z board\Idremendment-ro district setbacks.doc MEMORANDUM TO: Mayor and City Commissioners FROM: MARK MCDONNELL, AICP, ASST. DIR. PLANNING AND ZONING PAUL DORLING, AICP, DIRECTOR PLANNING AND ZONING THROUGH: CITY MANAGER DATE: July 28, 2009 SUBJECT: AGENDA ITEM 10.G. -REGULAR COMMISSION MEETING OF AUGUST 4, 2009 ORDINANCE N0.34-09 (FIRST READING/FIRST PUBLIC HEARINGI ITEM BEFORE COMMISSION Consideration of acity-initiated amendment to Land Development Regulations (LDRs) that that will clarify when park impact fees are required. BACKGROUND The Land Development Regulations require that whenever a residential, hotel, motel, residential inn, or resort dwelling unit development is proposed upon land which is not designated for park purposes in the Comprehensive Plan, an impact fee for the purpose of providing park and recreational facilities is imposed. For single family dwellings, current code language requires the impact fee payment, and then states that if the previously built lot becomes vacant for more than 180 days, that a new fee must be paid. Then the code states that the fee is to be collected only once. This contradiction is corrected in the new language. The new language clarifies that the requirement to pay the impact fee for a previously built single family lot that is redeveloped only applies if the fee had not previously been paid. The ordinance makes it clear that a park impact fee is paid only once for single family dwelling lots and future redevelopment of a lot that has previously paid the fee is allowed a credit. The park impact fee also applies to the following other types of residential and commercial developments: duplexes, multiple family dwelling, motels, hotels and residential inns, and resort dwelling. The current code language imposes the fee for all of these other types of developments, and states that if they were continuously inhabited for 180 days prior to the demolition for redevelopment, a credit would be applied. This ordinance clarifies that an impact fee for each new residential unit will be required. A credit will be given for units that are demolished if they were constructed after February 23, 1982. This is the effective date of the current park impact fee and it is assumed that development after this date paid the impact fee, while development prior to this date did not. Therefore, as the fee is to be paid only once, a credit is given for demolished units built after February 23, 1982. REVIEW BY OTHERS The text amendment was considered by the Planning and Zoning Board on July 20, 2009. The Board unanimously recommended approval on a 5 to 0 vote, by adopting the findings of fact and law contained in the staff report and finding that the amendment is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(M) of the Land Development Regulations. RECOMMENDATION By motion, approve on first reading Ordinance No. 34-09 for acity-initiated amendment to the Land Development Regulations, by adopting the findings of fact and law contained in the staff report and finding that the amendment is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(M) of the Land Development Regulations. ORDINANCE N0.34-09 AN ORDINANCE OF THE CITY COMNi<SSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, SY AMENDING SECTION 5.3.2, "PARK LAND DEDICATION", SUBSECTION (C), "IMPACT FEE REQUIRED", TO PROVIDE FOR CLARIFICATION REGARDING IMPACT FEES FOR SINGLE FAMILY AND ALL OTHER TYPES OF DEVELOPMENTS; 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 July 20, 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, sitting as the Local Planning Agency, has determined that the change is consistent with and furthers the goals, objectives and policies of the Comprehensive Plary and WHEREAS, the City Commission of the City of Delray Beach adopts the findings in the Planning and Zoning Staff Report; and WHEREAS, the City Commission of the City of Delray Beach finds the ordinance is consistent with the Comprehensive Plan. 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 Article 5.3, "Dedication and Impact Requirements", Section 5.3.2, "Park Land Dedication', Subsection (C), "Impact Fee Required", of the Land Development Regulations of the City of Delray Beach, Florida, be and the same is hereby amended to read as follow: (C) Impact Fee Required: Whenever a development is proposed upon land which is not designated for park purposes in the Comprehensive Plary an impact fee assessed for the purpose of providing park and recreational facilities shall be imposed (1) The amount of the fee shall be $500 per clwelling unit regardless of the size or occupancy of the unit. (2) The fee shall be assessed against the following type of development: • ~ single family homes • ~b duplexes • ~ multiple family dwelling units • ~ motels, hotels, residential inns, • ~ resort dwelling units (3) The impact fee for single family dwellings shall be imposed and collected upon first development of the lot and .~..._. _~., ~,,, .~..__. .,Y..,~. _ ...............~u_.,__.. .,_ _..,,_.,..__.._,._ .,..,.. .~... u_Y.K... _.... „~.,.._ .... u_Y..,,,.J.,. ,._..,. collected at the time of issuance of a the building permit. Upon redevelopment of a lot, an impact fee credit shall be given for the demolition of any structure built after February 23, 1982. No credit shall be Qiven for structures built vrior to February 23,1982 and a nark impact fee is due anon issuance of a building~ermit. (4) The impact fee for all other types of development shall be imposed for each structure/dwelling unit and collected at the time of issuance of a building permit ~tl~~ --~~~'~'~~~~~~~'-'~~ ~,...;~„ If such development involveds previouslypermitted and inhabited dwelling units which must be demolished that were constructed after Feb 23, 1982 '-'~~ a„~....~';+;~,.. ~~- a credit for each dwelling unit demolished shall be applied If the structure/dwelling unit to be demolished was constructed before February 23, 1982, no credit shall be issued and a park impact fee will be required at issuance of a building~ermit. If the development involves a lot that has been subdivided since the initial impact fee was paid a new impact fee shall be imposed for each new structure /dwelling unit on each new lot. Section 3. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid Section 4. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed Section 5. That this ordinance shall become effective immediately upon its passage on second and final reading. 2 ORD. N0.34-09 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. N0.34-09 PLANNING AND ZONING BOARD STAFF REPORT MEETING DATE: AGENDA NO: JULY 20, 2009 IV.C. AGENDA ITEM: CONSIDERATION OF ACITY-INITIATED AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS (LDR), BY AMENDING ARTICLE 5.3, "DEDICATION AND IMPACT REQUIREMENTS", SECTION 5.3.2, "PARK LAND DEDICATION", SUBSECTION (C), "IMPACT FEE REQUIRED", TO PROVIDE FOR CLARIFICATION REGARDING WHEN PARK IMPACT FEES ARE REQUIRED. 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 clarify when park land impact fees are required. 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 Land Development Regulations require that whenever a residential, hotel, motel, residential inn, or resort dwelling unit development is proposed upon land which is not designated for park purposes in the Comprehensive Plan, an impact fee assessed for the purpose of providing park and recreational facilities is imposed. For single family dwellings, current code language requires the impact fee payment, and then states that if the previously built lot becomes vacant for more than 180 days, that a new fee must be paid. Then the code states that the fee is to be collected only once. This contradiction is corrected in the new language. The new language actually adds a reference that the requirement to pay the impact fee for a previously built single family lot that is redeveloped only applies if the fee had not previously been paid. The ordinance makes clear that a park impact fee is paid only once for single family dwelling lots and future redevelopment of a lot that has previously paid the fee is applied a credit. The park impact fee also applies to the following other types of residential and commercial developments: duplexes, multiple family dwelling units, motels, hotels and residential inns, and resort dwelling units. The current code language imposes the fee for all of these other types of developments, and states that if they were continuously inhabited for 180 days prior to the demolition for redevelopment, a credit would be applied. This ordinance clarifies that an impact fee for each new residential unit will be required. A credit will be given for units that are demolished if they were constructed after February 23, 1982. This is the effective date of the current park impact fee and it is assumed that development after this date paid the impact fee, while development prior to this date did not. Therefore, as the fee is to be paid only once, a credit is given for demolished units built after February 23, 1982. Planning and Zoning Board Meeting, July 20, 2009 LDR Amendment -Park Land Impact Fees 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 the following goals, objectives and/or policies are identified: Objective A-2 Park and recreation facilities shall be adequately and efficiently provided with adequate parking and public access and shall be compatible with surrounding existing properties and new development through implementation of the following policies: Policy A-2.1 The City shall provide additional park, recreation, and open space facilities through enhancement of existing facilities, major capital improvements, and the provision of new services to geographic areas which do not have facilities readily available to them. Policy A-2.2 The City, through the Parks and Recreation Department, shall place its first recreation priority on the provision of facilities for activities which serve all residents of the community and which can be achieved through completing the development of existing park areas, enhancing existing facilities, and adding specialized items such as playgrounds to existing facilities. Policy A-2.3 Funds shall be allocated, on an annual basis, for the purpose of achieving Policy A- 2.2. This mechanism shall only be one of the funding sources which are applied to meeting that policy emphasis added]. While this ordinance amendment is a clarification of an existing provision for park impact fees, it continues to be consistent with the Comprehensive Plan objectives and policies noted above. 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 5.3.2, "Park Land Dedication", Subsection (c), "impact fee required", to provide for clarification as to when park impact fees are required, 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) 2 Planning and Zoning Board Meeting, July 20, 2009 LDR Amendment -Park Land Impact Fees C. Move a recommendation of denial to the City Commission of the amendment to Land Development Regulations Section 5.3.2, "Park Land Dedication", Subsection (c), "impact fee required", to provide for clarification as to when park impact fees are required, 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 5.3.2, "Park Land Dedication", Subsection (c), "impact fee required", to provide for clarification as to when park impact fees are required, 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-Park Impact Fee- PZB-6-15-09 3