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10-06-09 Agenda Meeting
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L ._ cn O7 •-~ ro ~ ~ v +~ SETTLEMENT AGREEMENT THIS SETTLEMENT AGREEMENT ("Agreement") is entered into this day of October, 2009 {the "Effective Date") among, by arld between Village Square Developers, LLC {hereinafter "Village Square"}, a Florida limited liability company, Delray Beach Housing Authority (hereinafter "DBHA"), a body col orate and pofitic organized and existing under the laws of the State of Florida, Auburn Development, LLC (hereinafter "Auburn"), a Florida limited liability company, and Auburn Trace, Ltd., a Florida limited partnership (hereinafter "Auburn Trace"). RECITALS: A. Auburn Trace is a Florida limited partnership comprised of Auburn Trace Joint Venture, a Florida general partnership, "ATJV") as General Partner and Thomas thinners {"thinners"), as Limited Partner, B. Auburn Trace owns the property described in Exhibit "A" {the "11-acre site") C. Village Square owns the property described in Exhibit "B" {tile 18-acre site") D. DBHA and Auburn entered into a Master Development Agreement incorrectly dated February 20, 2005, but actually executed February 20, 2007 (the "MDA"), which in part provided for certain mutual obligations as regards the 11-acre site and 18-acre site. E. D1~IdA on one hand and Auburn Trace on the other hand have attempted to praxrlote a unified plan for the area identiFied in the Southwest Area Neighborhood Development plan as promoted by the City of Delray Beach, Florida F. Certain disputes and disagreements have arisen between DBHA and Auburn with respect to the ]VIDA. G. DBHA believes that at this tune its role as a housing authority can be accomplished by owning outright the 18 acre site without Auburn. H. Auburn Trace spent a great arnouzit of tune, effort and funds, including but not limited to attempts to purchase additional land to achieve what Auburn Trace believed to be a common vision for the 18 acre site and 11 acre site and this Settlement Agreement could resolve their claims as to these efforts. I. The parties have been unable to make the original progress they had envisioned despite the caminunity efforts of DBHA and the financial resources of Auburn. The parties understand and aclglowledged that it would be best for all parties to unwind their affairs and define new roles for themselves in the development of this area. J. The parties wish to settle all matters regarding the MDA, the 18-acre site and the 11-sere 51te. K. The parties agree that this settlement can be accomplished by obtaining certain approvals far the 11 acre site, transferring the 18 acre site and releasing each other mutually from ail claims that may have arisen in their mutual attempt to promote a better neighborhood. L. Attached hereto as Exhibit "C" is a proposed site plan for the improvements which are to be constructed upon a portion of the 11-acre site (the "Site Plan"}. M. Features of the Site Plan depicted on Exhibit "C" include: certain buildings and improvements an the 11~-acre site are to be demolished. There is to be construction of buildings and improvements on the 11-acre site which is to be rental housing consisting of not mare than 192 units with associated parking, roadways, landscaping, common area, amenities and the like. The denaity for the 11-acre site is to be 18 units per acre instead of the presently approved 2b4 units at 24 uni#s per acre. The units to be built, owned, operated and occupied on the 1 lucre site axe sometimes referred to as the "Residential I_Tse". N. A fully executed Quit Claim Deed (the "Quit Claim Deed"} conveying the 18-acre site- fiom Village Square to DBHA and a partially executed original of this Settlement Agreement have been delivered to the Escrow Agent of Stearns Weaver Miller Weissler Alhadeff & Sitterson, P.A. (the "Escrow A.gent"} to be held and administered as more particularly set Earth in that certain Escrow Letter dated September 28, 2009 (the "Escrow Letter"}. NOW, THEREFORE, in consideration of the premises, the recitals herein, the mutual covenants and agreements of the parties, and other good and valuable consideration the receipt and sufficiency of which are hereby acknowledged, and intending to be legally bound hereby, the parties agree as follows: 1. Transfer of 18-Acre Site. a. Subject to terms and conditions of this Settlement Agreement and v,~ithin two {2) days after all of the following events occur, Village Square agrees to allow the Escrow Agent to release the Quit-Claim Deed to DBHA ("the 18 acre tY•ansfer date"): (i} Conditional Use Approval by the Delray Beach City Commission that will allow for the Residential Use, which among other things will allow fox 100% of the units to be rented to individuals ar families at or below 5~% of the median income of the County of Palm Beach,l?lorida as detei~nined pursuant to the appropriate programs; {ii) The execution of any documents required far the termination of the MDA; and (iii) The execution of the releases described in Paragraph 2. b. The parties agree that it shall be a condition precedent to the grant and conveyance of the 18-acre site that the DBHA Release Group not be in default of this Settlement Agreement. 2 c. Any and all liens, encumbrances, costs or expenses associated with the 1$- acre site ar the transfer of the 18-acre site shall be the sole obligation of DB1~A. These casts and expenses include but are not limited to paying all outstanding zeal estate taxes regardless of the year to which they relate. The transfer shall be by Quit-Clain Deed without warranties or representation of any kind or nature. 2. Release a. The MDA is to be terminated, cancelled and ended and shall be in no further farce ar effect as of the 18-acre Transfer Date. Thereafter, only the specific obligations, rights and responsibilities set forth in this Settlement Agreement survive as obligations, rights and responsibilities between and among the parties after the Effective Date of this Settlement Agreement. b. In the event that the events and conditions set forth in Paragraph 1(a} and Paragraph 1(b} are achieved and completed, then as of the 1$-acre Transfer Date the following shall occur Auburn Trace, ATJV, Dinners, Village Square and Auburn, their respective members, partners, shareholders, managers, trustees, directors, officers, subsidiaries, affiliates, attorneys and employees and for their legal representatives, agents, successors and assigns (hereinafter collectively referred to as the "Auburn Release Group"} hereby forever release and discharge DBHA, their respective members, partners, sliarehnlders, managers, trustees, directors, officers, subsidiaries, affiliates, attorneys and employees and their legal representatives, agents, successors and assigns (hereinafter collectively referred to as the "DBHA Release Group"} of and from all injuries, claims, damages, causes of action, actions, suits, debts, dues, sums of money, accounts, contracts, controversies, and demands whatsoever which against the DBHA Release Group the Auburn Release Group ever had, now as, shall or may have, on, upon, ar by reason of any matter, cause or thing whatsoever including but not limited to matters relating directly or indirectly to the MDA, the 11-acre site nr the 18-acre site from the beginning of the World to the 18-acre site Transfer Date, whether known ar unknown, direct ar indirect, or whether contingent or without contingencies. c. In the event that the events and conditions set forth in Paragraph 1(a) and Paragraph 1(b} are achieved and completed, then as of the l $-acre Transfer Date the following shall occur: The DBHA Release Group hereby forever releases and discharges the Auburn Release Group of and from all injuries, claims, damages, causes of action, actions, suits, debts, dues, sums of money, accounts, contracts, controversies, and denrrands whatsoever which against the Auburn Release Group the DBHA Release Group aver had, now as, sha11 or may have, on, upon, or by reason of any matter, cause or thing whatsoever including but not limited to matters relating directly or indirectly to the MDA, the 11-acre site or the 18-acre site from the beginning of the World to the 18-acre site Transfer Date, whether known or unknown, direct or indirect, or whether contingent or without contingencies. d. VU'ithout limiting the generality of the above releases, DBHA specifically acknowledges and agrees that any claim to the I 1 acre site, including, without limitation, any interest in realty or in personalty, is hereby released. 3. Permits. Auburn Trace may immediately pursue any and all permits, approvals, permissions, orders ar actions necessary or convenient to approval of the Site Plan or tYze Residential Use before the City of Delxay Beach, Florida {"City") ar any other goverxzznental or quasi-governmental agency or authority without interference of the DBHA Release Group. Such permits, and approvals, orders, permissions or actins are sometimes collectively referred to as the "Permits". The Permits may include but are not limited to changes in land use, conditional use, rezoning, certif cater of occupancy, building permits, site plan modifications, plat approvals, approvals for financial assistance from local, state or federal agencies, including but not limited to Palm Beach County, Florida Housing Finance Corporation or any agency of the United States government, such as HUD or any other consent approval, grant subsidy, order, variance, waiver or other grant of any other right that may beneficial to the Site Plan or Residential Use witliaut restriction. Some of those Permits shall be fox {i) the purpose of decreasing the density far the 11 acre site fro~rz 24 units per acre to 18 units per acre; and (ii) guaranteeing affordability of all units in the 11 acre site for those earning 60% or less of the median imcome of the County of Palm Beach, Florida. The DBHA Release Group shall not oppose in any manner or way the obtaining of such Permits, the construction contemplated by the issuance of such Permits, and the operations, ownership and occupancy which will be conducted at the 11-acre site for the Residential Use after obtaining such Permits. 4. R_ x~ht~, a. The Permits, Site Plan and Residential Use are sometimes collectively referred to as "Auburn's Rights". The DBHA Release promises not to interfere with ar delay Auburr~'s Rights, either directly or indirectly, in any manner or way whatsoever, This promise includes but is not limited. to a promise by the DBHA Release Group not to bring, directly or indirectly, any suit, petition, claim ar other action with respect to Auburn's Rights or to lobby against either fnrinally or informally any of Auburn's Rights and the DBHA Release Group waives their right to sue the Auburn Release Group aver any matter, or thing whatsoever related directly ar indirectly to Auburn's Rights. b. The DBHA Release Group fully understands and acknowledges the waiver of such rights so as not to intez~ere and so as not to bring suit. The DBHA Release Group has full and complete knowledge of the matters related to the waiver of such rights and the DBHA Release Group has received legal advice from the attorney of its choice prior to granting such waiver of such rights. 4 S. Non-Interference b DBHA Release Grnu In addition to and not in limitation of the other obligations imposed on the DBHA Release Group hereunder, the DBHA Release Group promises and agrees that: a. The DBHA Release Graup shall not interfere with Auburn's Rights under this Agreement, including but limited to Auburn's actions to obtain Permits and construct the buildings and improvements contemplated by the Site Plan and Residential Use; b. The DBHA Release Group shall nat record any papers in the Public Records of Palms Beach County, Florida which would interfere in any rnasixzex with Aubuxn's Rights; c. The DBHA Release Group shall not appose, object to or interfere with Auburn's Rights, publicly or privately, in any forum, tribunal, court, community meeting, or other public meeting regardless of whether it be a court, city commission meeting, board meeting, association meeting, governmental or quasi-governmental authority or agency of any type or nature; d. The DBHA Release Group shall not 'interfere with the sale, purchase, financing nr other transfer of the 11-acre site; e. The DBHA Release Group shall not lobby, assist or advise any person or entity to oppose, object to or interfere with Auburn's Rights privately nr in any foxU~rz, tribunal, court or public meeting; anal f. The DBHA Release Group shall act in goad faith with respect to all of its obligations under this Settlement Agreement. 6. Remedies. a. If the Auburn Release Group or any one of thezxs breaches any of their obligations under this Agreerr~ent, the DBHA Release Graup or any one of them may immediately pursue all of its rights at law, in equity, under this Settlement Agreement against the Auburn Release Group jointly and severally. The obligations of the Auburn Release Group are joint and several in favox of the DBHA Release Group. b. If the DBHA Release Group nr any one of t11em breaches any of their obligations under this Agreerxsent, the Aaburn Release Group ar any one of them may immediately pursue alI of its rights at law, in equity, under this Settlement Agreement against the DBHA Release Group jointly and severally. The obligatioza of the DBHA Release Group are joint and several in favor of the Auburn Release Graup. o. The parties understand, acknowledge and agree that a breach of this Agreement by either party would result in a situation which would be of au emergency nature with respect to the other party and the parties agree, acknowledge and understand that the remedies of the Temporary Restrainiz~zg Order, injunction or other equitable relief shall be available to the non-breaching party without the necessity of proving of this 5 statement independently. In the event of a request for a `Temporary RestraizAing Order, injunction or any other equitable relief by the Auburn Release Group, no bond shall be required. d, The parties recognize that the obligations under this Settlement Agreement are special, unique, and of extraordinary character, and that in the event of the breach of the terms and conditiaxks of this Settlement Agreement, then the non-breaching party or any one of them sha11 be entitled, if it so elects, to institute and prosecute proceedings in any court of competent jurisdiction, either in law or in equity, to obtain damages as set forth herein for any breach of this Settlement Agreer~aent, to exercise any and all rights set forth herein, such as to enforce the specific performance hereof, or to enjoin the breaching party as set forth herein. e. Any expense incurred by such party in compelling compliance by the other party with the terms of this Settlement Agreement, including costs and expenses of enforcement, including reasonable attorneys' fees, shall be collected from such party in connection therewith. £ In the event that all of the events listed in Paragraph 1(a} and Paragraph 1{b} shall not have occurred, then the 1 S-acre site shall not be transferred, granted or conveyed to DBHA; and in lieu thereof, the parties agree that this Settlement Agreement shall be terminated, cancelled and ended it being void ab initio and without any farce and effect. The parties shall be placed in the exact position that they were in, as to all of the rights, obligations and responsibilities between the parties as if this Settlement Agreement had never been executed or in farce or effect. The Quit-Claim Deed shall be returned to the Auburn Release Group. 7. Voluntary A~reexuent. The parties are each represented by legal counsel of their choice, are fully aware of tl~e terms contained in this Agreement and have voluntarily and without coercion or duress of any kind entered irate th%s Agreement. 8. Entire A reement. 'T'his Agreement (including the exhibits attached as a part llereo~ constitutes the entire and final understanding among the parties with respect to all matters contained herein and there are not agreements {either oral or written), understandings, warranties or representations hereunder among the parties except as set forth in this Settlement Agreement. 9. Miscellaneous. a, This Agreement cannot be changed or amended except by an agreement in writing duly executed by the party against whom enforcement of the change is sought. b. If the date of the performance of any term, provision ar condition of this Agreement shall happen to fall on a Saturday, Sunday or other non-business day (i.e. a day in which banks are closed), the date for the performance of such term, provision ar condition shall be extended to the next succeeding business day immediately thereafter accurrrng. 6 a This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, and all such counterparts together shall constitute one and the same Settlement Agreement. d. This Agreement sha11 be governed and construed in accordance with the laws of the State of Florida. e. This Agreement shall not be construed mare strongly against any party regardless of who is responsible for its preparation. f. No delay or failure on the part of any party hereto of the exercise of any right or remedy hereunder shall operate ss a waiver thereof, and no single or partial exercise of any right or remedy under this Agreement shall preclude the further exercise of any other right ar remedy. g. Use of the wards "herein", "hereof', "hereunder", and any other words of similar import refer to this Agreement as a whole and not to any particular articles, sections or paragraphs of this Agreement unless specifically noted otherwise in this Settlement Agreement. h. Wherever possible, each prc~visian of this Agreement shall be interpreted in such manner as to be effective and valid under applicable Iaw, but in the even that any provision of this Agreement shall be prohibited by or invalid under such Iaw, such invalidity, without invalidating the remainder of such provision ar the remaining provisions of this Settlement Agreement. i. In cansh-uing this Agreement, the singular shall be held to include the plural, the plural shall include this singular, and the use of any gender shall include every other and all genders. Any reference to array group of parties to this Agreement such as the Auburn Release Group or the DBHA. Crroup does not mean that the parties must act simultaneously or in unison but may act independently or in concert as circu~n.stances dictate and obligations may be affected ar eoxnpleted as a group or alone as circumstances dictate. J. Any reference to the ].1-acre site or the 18-acre sift is for convenience only and not to establish exact acreage. The exact acreage shall be determined by appropriate surveys. k. Neither this Agreement, nor any memorandum thereof, shall be recorded in the 1'ttblie Records and such retarding shall constitute a default by the party so recording. 1. AI! covenants, waira~rties and representations contained in this Agreement, the exhibits hereto and all documents to be delivered by the parties in connection with the consummation of the transactions Contained herein sha11 survive the consummation of any transactions contemplated herein, 7 m. The parties agree to execute all further instruments and take all such further action that may be reasonably required by any parry to fully effectuate the terms and provisions of this Agreement and the transactions contemplated herein. n. The Recitals are incorporated herein by reference as if set Earth fully below. The Recitals are true and correct in all respects. All of the exhibits and schedules to this Agreement, including all of the terms, conditions and provisions thereof, are incorporated into this Agreement by this reference as if fully set forth below. a. This Agreement shall be binding on each party's heirs, personal representatives, successors and assigns. i 0. Time. Time is of tlxe essence in the performance of this Agreement. i 1. Attorne 's Fees. Should either party employ attorneys to enforce any of the provisions hereof, the party losing in any final judgment agrees to pay the prevailing party all reasonable costs, charges and e~cpenses, including attorneys' fees, expended or incurred in connection therewith. 12. Notices. .Ail notices required or permitted hereunder shall be in writing anal shall be served on the parties at the addresses set forth in Exhibit "E". Any such notices shall be either (aj sent by overnight delivery using a nationally recognized overnight courier, in which case notice shall be deenned delivered one (1) business day after deposit with such courier; (h) sent by telefax, in which case notice shall be deemed delivered upon transmission of such notice; or (c) sent by personal dalivery, in which case notice shall be deemed delivered upon receipt. A party's address may be changed by written notice to all other parties; provided, however, that no notice of a change of address shall be effective until actual receipt of such notice. 13. No Admission of Liabili#y. This Agreement constitutes the settlement of disputed claims. It does not and shall not constitute an admission of liability by either of the parties and shall not be used by any party ar any other person or entity in any litigation ar proceeding for that purpose. The parties further agree that all disputes and allegations between and among them are subject to this Agreement. 14. Escrow Agent. The Escrow Agent shall be Brian J. McDonough af' Steaix~s Weaver Miller ~7Veissler Alhadeff & Sitterson, P.A. (the "Escrow Agent") and the Quit Claim. Deed shall be held in escrow upon the terms and conditions set forth in the Escrow Letter and the following: a. In the event that the provision of Paragraph 6(f) is involved, the Qliit- Claim deed shall be returned to the Auburn Release Group. b. In the event that all of the events listed in Paragraph 1(a) and Paragraph 1(b) shall have occurred, then the Quit-Claina Deed shall be released to the DBHA Release Group. The Escrow Agent shall only be required to release the Escrowed Documents (as defined in the Escrow Letter) upon its receipt of written instructions from 8 Brian Hinners or Tom Hinners on behalf of Village Square. Escrow Agent may fully rely, without independent investigation as to the accuracy of such instructions, upon such written directions. c. Buyer and Seller agree that Escrow Agent shall net be liable for any reason except gross negligence or willful misconduct. d. Escrow Agent shall comply with any specific term contained in this Agreement. Any request for the release or return of documents shall be signed by Village Square an behalf of the Auburn Release Group provided, however, that: if the Auburn Release Group makes a written request far disbursement to Escrow Agent, then. Escrow Agent shall advise the DBHA Release Group in writing, attaching a copy of such request, and if the DBHA Release Group fails to object in writing within five (S} days of receipt by it of such request for the release of such documents frazn Escxw, the Escrow Agent shall be authorized to disburse such documents as requested by the requesting party. Notwithstanding any provision in the Agreement to the contrary, Escrow Agent is authorized to disburse the documents in accordance with an order or,~udgment of a court of competent jurisdiction. Neither the DBHA Release Group nor Auburn Release Graup shall unreasonably withhold or delay any action by the Escrow Agent for disbursement of documents. e, In connection with the escrow, the parties agree to execute such agreements as Escrow Agent may reasonably request. Failing such execution, Escrow Agent may decline to serve in such capacity, and the parties shall select a substitute escrow agent by mutual consent. £ Ixt the event of any dispute regarding the return or release of the dacumen#s, Escrow Agent shall be authorized to deposit the documents with a court of competent jurisdiction, to be held pending resolution of that dispute. g. If Escrow Agent is required to institute ar participate in litigation as a result of this escrow, the parties hereto shall be obligated S~ISO to reimburse it for any casts and expenses (including reasonable attorneys' fees) actuatly incurred by it. 1S. WAIVER OF JIJnY TRIAL. THE PARTIES HEREBY KNOWINGLY AND VOLUNTARILY WAIVE ALL RIGHTS OF TRIAL BY NRY THEY MAY HAVE WITH RESPECT TO ANY DISPUTES ARISING UNDER THIS AGREEMENT. (SIGNATURE(S} GN FOLLOWING PAGE] 9 WHEREF4)~, t}ze parties have executed this Agreement as of the date set fo~•kh above. DELRAY BEACH HQUSING AUT~•IORITY By: ~t~: AUBURN DEVELOPMENT, LLC, a Florida limited IiabiIity company BY~ ~ ~-----~--_ its: ~~! ?'/~+A~ AUBURN TRACE, LTD., a Florida limited par~ership By: t Its: I,,z/ %"~ /~s'61 ESCROW AGENT ~( WITNESSES VILLAGE S(~UARE AEVEL4PERS, LLC a Florida limited Liability company Weaver Mil3~• 136~issler AlhadefF & 5ittelfsan. P.A. G:IW-B1M137~iQIQ©61SetElement AgreemLttit-v3.doc f ~~ ~~ ~P Attenti~Sn: City of Delray Beach PETITIOlvi We S ~or~ Village at Delray far Approval by the ~l~.y of Delray ~3eacla I am signing this petition in support of the 192 units of affordable rental housing in the SW Area of Delray Beach. 10~°l0 of the units will be available to households that earn 6(}°l° or below of the Area Median Income. This development is being funded with $27 mi)lion in stimulus dollars. We need jobs and affordable housing. We ask the Delray Beach City Commission to approve this beautiful new development in our conux~unity. 1. 2. 3. 4 5. b. 7. ~. 9. 10. ~~ f~ ~ ~ !~ a r• Attention: City of Delray Beach J rent j acne imature e s PETI7C lIt}l~+l ~ve_~~~ort village at Delray for Approval by ~~ie Clay of L~elr~y beach I am signing this petition in support of the 1~2 units of affordable rental housing in the SVJ Area of Delray Beach. 100°lo of the units will be available to households that earn 60°~0 or below of the Area Median Income. This development is being funded with $2'7 million in stimulus dollars. We need jabs and affordable hausing. We ask the Delray Beach City Cazrzmission to approve this beautiful new develaprnent in our community. P ` '~ S' d 1. 2. ~, 4 5. ~. 7. $. 9. 10. r---- ~~.~ U(~~ °- / Attention: City of Delray Beach PETITytJN ~~e wort pillage at Delray for Approval by the 1ty off` Delray l3eaeh 1 am signing this petition in support of the 192 units of affordable rental housing in the ~W Area of Delray Beach. 100°Io of the units will be available to households that earn 60% ar below of the Area Median Income. This development is being funded with $27 million in stimulus dollars. We need jabs and affordable hausing. We ask the Delray Beach City Cain:mission to approve this beautiful new development in our community. Print Name Sibnature (~~''`A1(1dd`'r'~'`ess ~` r /' V f ~~ 2. ~, X ~. J ~. f. i Q. ~. -~ 10. -~--~-~- /(X N ~~1 ~ t~ ~`~- `~'-^'G`~ is -p_ ~~~~~V~.,~ eU _. _ ~ f - (-f J~ cam' ~ ~-( c;~ .mss ~,.~ ~~ .~ ~T GAG V~G! ~~ ~~1 ~~ .~`7gfj~ Cj~ los Fln~ ~e~ ~pZnl,e ~ ~ ~C~ ~- ~f Attention: City of Delray Beach P~T"I~'~(kN ~V~e ~~~ vzlla~e a~ ~elra~ ~`or ~.~pr~val b~ ~~e ~lt~ of I~~lra~ ~~acl~ I azn si~nin~ this petition in support of the 192 units of affordable rental housing in the SW Area of Delray Beach. lOt}°/a of the urd.ts wi11 be available to households that earn dt?°lo ar below of the Area 11~Sedian Income. This development is being funded with $27 million in stznaulus dollars. ~Je need jobs and affordable housing. We ask the Delray Beach Cit~r Cozszmission to approve this beauti ~.l new development in our corr~munit~T. Prim Name Si~aature Address 2. ,~ . 4 ~. ~. ~, s. 9. z a. (~-/D8 /off f~~6C10~ Attention; City of Delray Beach PETITION ~Ue ~~~~ort village at L}elray for Approval by the pity of Delray beach I am signing this petition in support of the 1 ~2 units of affordable rental housing in the ~W Area of Delray Beach. 1{}0°l0 of the units will be available to households that earn 60% or belouT of the Area Median Income. This development is being funded with $2'7 million in stimulus dollars. We need jabs and affordable housing. We ask the Delray Beach City Commission to approve this beautiful new development in our corrlmunity. Print Name signature Address 1. 2. ~. 5. 6. 7. 8. 9. 10. ~icC~~ ~. ~~ ~~~ ~~ 7 c-~ ~~ 1 Attention: City of Delray Beach P~TITIC~N ~e ~t~.~~or~ ~ill~.g~ ~~ I:~~lr~.~ for .~pprov~l ~by ~~e Cif of ~elr~.y Be~~l~. I asn signing this petition in support of the 192 units of affordable rental housing in the SW Area of Delray Beach. 100% of the units will be available to households that earn 60°lo ar below of the Area Median Income. this development is being funded with $27 million in stimulus dollars. We need jabs and affordable housing. We asl~ the Delray Beach City Cornmissian to approve this beautiful near development in our can-~munit~T. 1. Z. ~. 4 5. ~. 7. 8. 9. 10. '" ~, a ~~~ Print Dame Signature Address Attention: City of Delray Beach P~TITIQN Vie ~a~~~rt Tillage at Delray fc~r ~..ppro~a~ by the City of Delray Beach I am si~nin~ this petition in support of the 19~ units of affordable rental housing ~ the SW Area of Delray Beach. 100% of the units will be available to households that earn 60°lo ar below of the Area 1v1edzan Zncarne. This development is being funded with $27 m~i.llian zn stimulus dollars. tiVe need jabs and affordable housing. ~Je ask the Delray Beach City Commission to approve this beautiful new development in our community. Print Name Signature Address AtCention: City of Delray Beach laF'P'T'T`T(lN ~Ve ~~or~ ~i~~~.e at Delray ~~r ~pprc~val by the ~I o~ Delray beach I a~n sitrning this petition in support of the 192 units of affordable rental housing in the SW Area of Delray Beach. 100°fo of the units will be available to households that earn 60°l~ or below of the Area Median Income. This development is being funded with $27 million in siimulus dollars. We need jabs and affordable housing. We asl~ the Delray Beach City Commission to approve this beautiful new development in our cammur~.i?y. Print Name ~ignatt~.re Address 1. 2. 3. 4. ~, 5. 6. 7. ~. 9. ~ o. ~ ~'/ ~ ~`" _ ~. ~~5~!'~' _ ~~~ Mil ~ ~.~~- ~~-~~~ j ,~ '~ ~~~ ~ 7 Attention: City of Delray Beach PETITION ~~e ~~~ ~ill~ge a.t Delray fc~r ~.ppr~val by the ~zty ~f Delray ~e~c~ I am signing this petition in support of the 19~ units of affordable rental housing in the S~~ Area of Delray Beach. 100°!° of the units wi11 be available to households that earn ~0°t° or below of the Area Median Income, This develaplnent is baing funded with $27 million in stimulus dollars. Vie need jobs and affordable housing. We ask the Delray Beach City Com~m~.nission to approve this beautiful new development in our cozxin~unity. Print Dame Signature Address ,J,,,Y ~. '`-' L 3 5 d. ~. ~. 9. 10. t~tril`~~ Ct{~~ .~ ~/~~ ~~~ ~ ~ ~ ~' ~ ~s ~, ~~~ ~ ~~, ~Z Attention: City of Delray Beach PE'rITIOll~ ~V~e ~L~~or~ village at I~elra~ for Approval b~ the ~it~ of ~elra~ ~eaeh I am signing this petition in support of the 19~ units of affordable rental housing ix~ the SW Area of Delray Beach. 100°l0 of the units will be available to households that earn 50% ox below of the Area Median Income. This development is being fi.znded with $27 million in stimulus dollars. We need jobs and affordable housing. We ask the Delray Beach City Commission to approve this beautiful new developruent in our com~~nu».ity. Paint Name ~igna~~re Address 2. 3. ~~, 4. 5. ~~~~ ~. ~"~ ~. ~ ~. ~. 10. ~~~ ~~_ 1~2i~ i~~" ~ ~~~ t ~.. i ~ E . Attention: City of Delray Beach PETITION U~e_u~port village at 1~elray for Approval by tl~e pity of Delray Beaeh I am signing this petition in support of the 192 units of affordable rental housing in the SW Area of Delray Beach. IOQ% of the units will be available to households that earn 6a% or below of the Area Median Income. `1 h.is development is being fiu~ded with $27 million in stirrlulus dollars. We need jobs and affordable housing. `SVe ask the Delray Beach City Commission to approve this beautiful new development in our commuzzit~r. Print Name Si~ature Address ~ ~ ~~ 1.1~i ~ ~ ~~~~ 2. ~. ~. ~. ~. z~. ~7'~ .. ~. ~d .~ l30 ( ~ ~~/ l o .r~~ ~ ~~ir f 3 ~ ~ °~ .~-~~~ E-lo~ Attention: City of Delray Beach PETITION ~v~ ~~ village a~ I~elr~~ nor .~,.~proval by tie icy of Del~~.y ~eaeh I am signing this petition in support of the 192 units of affordable rental housing i.n the SW Area of Delray Beach. 100°l° of the units ~vi11 be available to households that earn 60% ar below of the Area A~Iedian Tncome. This development is being funded with $27 million ire stirnulus dollars. We need jabs and affordable housing. ~Ve ask dze Delray Beach City Commission to approve this beautiful rzew development in our cammunit5~. 2. -, >. ~. ~. /. ~. ~. 10. .Print Name signature Address Attention: City of Delray Beach I'ETITI©N ~V~e Suor~ Village a~ Delray for Approval by the City off' Delray Beach I am signing this petition in support of the 192 units of affordable rental pausing in the SW Area of Delray Beach. I00°I° of the units will be available to households that earn b0°l° ar below of the Area Median Income, This development is being funded with X27 million in stimulus dollars. We need jabs and affordable pausing, We ask the Delra}~ Beach City Commission to approve this beautiful new development in our community. Print Name Signature Address 1. ~ ~ ~~rn C.~'fi 1~-{C'~S~' ~~"~ 2. .:.~°_ Gc.~~2,~'~~~-'`~('~~T ~~~-~r~C' -~-' ~~~~`~ l tom' ! ~ -~' ~- `t. ~~ ~. ~~s ~. 7. ~. ~, ~ ~Q 10. r{ ~~~~ ~c, 'r'~y~'~,~ ~ r ~~ ~~ ~v~~~ ~~~. ~ ~ ~-~ ~~~~ ~ ~~. ~- ~'~ ~ A-~ r_._~l ~'`1 ~ ~:I~-~ c~~ `"[ ~a ,~ rya ~/~~~-. ~~t ~ t~~a c'~r r~ l~. >' 1- y~ ~ 'I''P l CA ~ ~'? ``~ C) tJ ~ t f ~, ~ ~ c1 r i r ~ x 1 Attention: City of Delray Beach PETI~`I~1~ ~Ve ~u~~4rt ~ill~ge ~,t I~elra~ z~r Ap~rov~.l ~y the Clay of Delray ~e~ch I am si~nin~ this petition in support of the 19~ units of affordable rental housing in the SW Area of Delray Beach. IOQ°la of the units will be available to households that eam 60°1a or below of the Area Median Income. This development is being fw~zded with X27 million in stimulus dollars. ~%e need jobs and affordable ht~usirs~. We ask the Delray Beach City Cozn~-~~ission to approve this beautiful new development irk our comrnunit~J. i. 2. .~ . 5. 6. 7. 8. 9. 10. Attention: City of Delray Beach P~TITyON VVe ~~~r~ ~ill~ge at ~elr~.y ~c~r ~~rov~.l b~ the pity o~ ~elr~.~ ~e~eh 1 am signing this petition in support of the 19~ units of affordable rental housing in the S W Area of Delray Beach. 1 QC1°14 of tide units v~%ill be available to households that earn 6Q% or below of the Area Median Income. T~iis development is being ended with $27 million in stimulus dollars. We need jobs and affordable housing. We ask the Delray Beach City Commission to approve this beautiful new development in our community. Print Marne Signature Address ~. J. s. ~. 7. . ~. ~~. IU-'01 1 ~a-~°~ ~a-.~ °9 ~~..~ ~~ 3~~~ Attention: City of Delray Beach I'~T'ITIiC~~ ~~ ~ V~11a~e at Delray nor ~.pproval by the ~i~y ~f Delray Beach I asn signing this petition in support of the 1 ~2 units of affordable rental housing in the S`~~ Area of Delray Beach. 1 Ot?°Ifl of t'~e units will be available to households that ea--zz 60°lfl or below of the Area Median Income. This development is being fu-~ded with X27 million in stimulus dollars. We need jobs and affordable housing. We ask the Delray Beach City Comn7ission to approve this beautiful new development ~-~ our comrnurazty. Print Marne Sign~.tt.~-e Address Attention: City of Delray Beach ~ ~~ / P~TITI4N L~ ~I ~~ ~~`7 ~~ ~~ ~e ~u~~tt ~zll~ge ~t Delray zor Approval by the City ~~T~el~-ay Beach I am signing this petition in support of the 192 units of affordable rental housin¢ in the SW Area of Delray Beach. 10~% of the Ilp7ts will be available to households that earn 60°l0 or below of the Area Z~~edian Income. This development is being fu~-~ded with $27 million in stimulus dollars. We need jobs and affordable housing. We ask the Delray Beach City Coissian to approve this beautiful new development in our community. 2. ~. 4 S. ~. 7. ~. 9. 1 ~}. Pz'izat Name 5igxzature Address Attention: City of Delray Beach PlFTI~'I'~(?l~ ~Ve Su~~ort ~i11ae at Delray ft~r Approval by the ~xty of Delray beach I am signing thzs petition in support of the 192 units of affordable rental housing in the S W Area of Delray Beach. 1 QO%o of the units will be available to households that earn 60% or below of the Area Median Income. This development is being funded with $2? million in stimulus dollars. We need jobs and affordable housing, We ask the Delray Beach Cit~T Commission to approve this beautifizl new development in our community. Print Name Signature Address 1. 2. ~, a ~. 6. 7. 8. 9. 10. Attention: City of Delray Beach ~~e ~. fort V~.llage apt Delray for Approval by ~he~~ity of Delray Beach I am signing this petition in support of the 192 units of affordable rental housing in the SW Area of Delray Beach. 100°l0 of the~'units will be available to households that earn 60°l0 or below of the Area Median Income. This development is being funded with $27 million in stimulus dollars. We need jobs and affordable housing, We ask the Delray Beach City Commission to approve this~beautiful new development in our community, Print Name Signature Address r- ~ . ~~~~~~~~ ~~~~~~~~ ~ ~ S ~- ~G~ z~ ~. ~"~ f~ ~~ 7. 8. 9. 10. Attention. City of Delray Beach I~~TIT30N ~e orb ~lllage at Delray ~~r ~.~pr~val by the ~zty of Delray beach I azn signing this petition in support of the 192 units of affordable rental housing in the S«~ Area of Delray Beach. 1C}0% of the units will be available to households that earn 6{}% or below of the Area ltiZedian Income. This development is being funded with $2"1 million in stimulus dollars. V~Te need jobs and affordable housing. We asl~ the Delray Beach City Comu~.ission to at~prove this beautiful new development in our community. 1. 2. -, a. ~. 5. 6. i. ~. 9. 10. (~ Print Dame Signature Address Attention: Czty of Delray Beach P~'rITION eve ~u~rt village at Delray zor .Approval by the pity of Delray beach I azn sigrring this petition in support of the 192 units of a~'ordable rental housing in the StN Area of Delray Beach. 1 OC}°l° of the units wi11 be available to households that earn 60°l0 or below of the Area Median 1nGOme. This development is being funded ~xTith X27 million in stimulus dollars. ~Ve need jobs and affordable housing. We aslc the Delray Beach City Commission to approve this beautifu~ new development in our community. 2. -, 4. 5. 6. 7. 8. 9. 1 ~?. ~~ ~~ print Name Si~-nature Address .~, " Attention; City of Delray Beach P~TIT~t)1'~ ~e ort V~~l~.ge ~t ~e~ray ~`or ~.p~arov~l by the pity o~L~elr~.y ~e~ch I am signing this petition in support of the 192 units of affordable rental housing in the SW Area of Deli ay Beach. 100% of the units will be available to households that earn 60% or below of the Area Median Income. This development is being funded with $27 million in stimulus dollars. We need jobs and affordable housing. We ask the Delray Beach City Cozrmission to appro~Te this beautiful new development in our communif~~. 2. -, ~. 5. 6. 2. ~. 9. 10. Print IvYame signature Address Attention: City of Delray Beach P~~r~rrc~1~ ~e ~u~~ort ~i~la~e ~~ Delray nor .1~.p~ra~a1 by ~~.e ~~.~y ~f T.~elr~.y ~e~.ch I am si~nin~ this petition in support of the 192 units of affordable rental housing in the SW A~=ea of Delray Beach. 1 ~0°fo of the units will be available to households that earn d0°f° or below of the Area Median Income. This development is being funded with $27 rnillian in stimulus dollars. We need jobs anal affordable housing, We ask the Delray Beach City Cornmissian to approve this beautiful near development in our community. Print Name Signature Addr-ess 1. ~~ rt t'rr P~l I"Ct ~~{~t` t~/,c7 ~l2- Y-~Yr/?f.P,t` ~t'~r ~G~`~`fi ~- <~rv- t ~ / ~~.~~. ~ tnD 'S F G~~~1 RIS ~. / , Attention: City of Delray Beach P~TIT~C31~I eve S~~or~ pillage a Delray for Approval by the City of Delray ~3each I am signing this petition in support of the 192 units of affordable rental housing in the SW .Area of Delray Beach. lOC}% of the units will be available to households that earn 60°l0 or below of the Area Median Income. This development is being funded with $27 million in stimulus dollars, We need jobs and affordable housing. We ask the Delray Beach City Commission to approve this beautiful new develaprnent in our community. :~ _ J ~~~ P~-f . Q Attention; City of Delray Beach PETITIQIY ~Ve Su~~or~ Village at T)elray ~'or Apprc~Val by the City of Delray Beach I azn sigrdng this petition in support of the 19~ units of affordable rental housing in the ~ Area of Delray Beach. l {}0% of the units wi11 be available to households that earn b0% or below of the Area Median Income. This development is being funded with $2~ xrzillion in sti~rzulus dollars. ~'e need jobs and affordable housing. We ash the Delray Beach City Commission to approve this beautiful new development in our community. 2. 3, 4 5, 6. ~. 8. 9. 10. .~~ ~ Print 1'~Tarr~P ~ianat7~re Ari~refi.~ Attention: City of Delray Beach ~- P'~7CIT'~C~li~ e ~~~ ~il~a~;e ~t ~e~ray for Ap~raval b~ the ~i~y of~elr~.~ ~3each I am signing tr~is petition in support of tie 1 ~2 units of affordable rental pausing i_n the SW Area of Delray Beach. 100°l° of tpe units uTill be available to pousepalds fiat earn ~0°l° ar belaur of the Area I~~ledian lncame. 'Z~is de~relapment is being fiznded witp X27 million i.n stimulus dollars. ~fe need jabs and ai~ardable housing. Vure ask the Delray Beach Cit~T Cammissian to appro~Te this beautii~l new development i~ our cornrn~nunity. Print Na-ne Si~nat~tzre Address 2. ~~ ~~ r~- ~~~~~ ~Z~~_~ ~~~ 10. Attention: City of Delray Beach PETITION '~~e Su~-,~ort Village at Delray far .A~proval by the pity of Delray Beach I am signing this petition in support of the 19 units of affordable rental housing in the SW Area of Delray Beach. 100% of the units will be available to households that cam 60°fa or below of the Area Median Income. This development is being funded with $27 million in stimulus dollars. Vde need jobs and affordable housing. We ask the Delray Beach City Commission to approve this beautifizl new development in our community. 1. ~, 3. 4. 5. 6. 7. 8. ~. Z0, c~ Print Name Signature Address Attention: City of Delray Beach ~~ S ~ Vi~1~.g~ ~~ ~~lray ~'~r approval by ~h~ pity off' ~elr~.y ~e~.ch I am si~nin~ this petition in support of the 192 urdts of affordable rental housing in the SW Area of. Delray Beacil. 100% of the units gill be avazlable to households that earn 60°l0 or below of the Area I\~edian Income. This development is being funded with $2'7 million in stimulus dollars. We need jobs and affordable housing. We ask the Delray Beach City Coi~nission to approve this beautiful new development in our communit~r. Print Iv ame Signature Address 2. ~. 4 5 b. 7. S. 9. 1.0. .~1 Attention: City of Delray Beach PETITION ~GVe 5u~ village at Delray for Approval by the pity of Delray- Beach I am signing this petition in support of the 192 units of affordable rental housing in the SW Area of Delray Beaeh. 100°1° of the units will be available to households that earn 60% or below of the Area Median Zncome. This development is being handed with $27 million in stimulus dollars. We need jobs and affordable housing. We ask the Delray Beaeh City Commission to approve this beautiful new development in our community. Print i'~lame Signature Address 1. 2. ~. 4 5. 6. 7. 8. 9. 10. Attention: City of Delray Beach PETITT4N We_upport Village at L}elray far Approval by the City of Delray Beach 1 am signing this petition in support of the 192 units of affordable rental housing in the SW Area of Delray Beach. 1tlQ°fo of the units will be available to households that earn 60% or below of the Area Median Income. This development is being funded with $27 million in stimulus dollars. We need jobs and affordable housing. We ask the Delray Beach City Commission to approve this beautiful new development in our community. 1. 1. 2. 3. 4. 5. 6. 7. $. 9. 10. Print Name ~'`~ Signature Address ~~- ~~ { ~, y ~,r ~~ ~~ ~ t'~q I l ~~ ~~~ r . Attention: City of Delray Beach PETITION We Su~~ Village at Delray for Approval by the pity of Delray Beach I am signing this petition in support of the 1 ~2 units of affordable rental housing in the SW Area of Delray Beach. 100°l0 of the units will be available to households that earn b0°lo or below of the Area Median Income. This development is being funded with $27 million in stimulus dollars. We need jobs and affordable housing. We ask the Delray Beach City Commission to approve this beautiful new development in our community. Print Name 2. 3. 4. 5. b. 7. $. 9. 10. Signature Address '1]~~~ Attention: City of I_}elray £3each PET~I`I.ON ~Ve Su~por~ Village at Delray far Approval by the pity of Delray Beach I am signing this petition in support of the 19~ units of affordable rental housing in the 54V Area of Delray Beach. 1{10°l0 of the units will be available to households that earn 60% or below of the Area lwtedian Income. 'T`his development is being funded with $27 million in stimulus dollars, We need jobs and affordable housing, We ask the Delray $each City Commission to approve this beautiful new developznen# in our community. Prin# Name 1. ~r~t 6. ~~ ~~° ~~ Signature Address ',;,,,~ .v. rf, acs /1r..~ , 6(,c7 wwtl ~~q~ f7lv'wC} . ?" ~~ ~ r ~I ~r~ J ~pc: G C_.i~~r~.;,~ L~ (~a2~... f "..W ~i. ~4Q.. ~ 1. f 4 ~~..~.~~~~ ~ ~~~ 1 ,, ~ ~ ~ ~ ~~~~j~~~ Attention: City of Delray Heach PETITION ~e wort ~il~age at Defray for Approval by the City off' Delray Roach I am signing this petition in support o.f the 142 units of affordable rental housing in the SW Area of Delray Beach. 1fl0°lo of the units will be available to households that earn 60°lo ar below of the Area Median Incauie. This development is being funded. with $27 million in stimulus dollars. ''UVe need jogs and affordable housing. We ask the Delray Beach City Commission to approve this beautiful new development in our community, print Name ignature _ Address ~t! I. ~ ~~1 ~4v1. lu ~- ~~b~j~c~' 4~1U b e1r`a~ p~.eac~~t~t.. 3~~{~{5 1 ~~~ . ~~:/o~Z~~ ~+f r l~`~v 's ~i ~r~ ~, ~+~ F 1 dcrt9 f~ ~~r I ~ 3 ~"~'if.~. ~. ~. Jr. lT t'^~~ ~`J ~ t k.t_rr f~. 7. s. ~. ~~ III~F N~ ,~~~ ~ C'.trr,~,Q. ~y~''~° ~1 3 30 7 6 t~~i~.- ~r~~~~ -'c~,~-~' w~~~ ~ ,~ ~ ~ ~t~3 ~~. Attention Gity of Delray Beach PETITIt)N ~e Su~~or~ Tillage at Delray for Approval by the pity of Delray Beach l am signing this petition in support of the 192 units of affordable rental housing in fihe ' SW Area of Delray Reach, 14~D% of the u~uts will be available to households that earn 6U°,/o or below of the Area Median Income. This development is being funded with $27 rniltion in stimulus dollars. We need jobs and affordable housing. We ask tl~e Delray Beach City C€~minission to approve this beautiful new development in our community. Print Name Signature _...-~-----, Address 1 ~ ~. ~. ~. ~. ~"}. ~. - ~. ~. 10. 10/05/2009 10:54 954254122 DARN PLUMBIhtG PAGE 01102 ,t~ttentic~a: City of Dett~ay ~eaeh. P~TI'T~'~ON ~~~ ~ -saa~ Vi~;Lag~ at ~~lray fox .A~prt~val by t~xe ~.i~ of ~e~ra~ ~3each 1 am signing tkzis petition in support of the 1~2 uni.ka ax afi'ordable zentai hauling In the SW Area of Delray Heach. 1.~0~/a of tttc units will be available to houschalcts that tern Gt?°lo or below of tla~ Area Median I~tcaiue, This develapznent is being futzded with X27 enillinn fn stimulus dollars. We n,::cd jobs and a#~'azdable, housing, We aslc the Delray Beach City Caznrnission tq ap~rovc; tl~i,s beautiful new development in, our cgtxtmunity, Print Name z, ~, ~. s. 6. 7~ s. ~. Ad ress ~~--++ rrr~r~t~.rFG 333 Ac.t.~ tJ ~ ~C. sir ~-~~~='.~'` ~l3~~ UE t~~~s1~ ~+~AKt.~1~ PK ~ ~ ~s ~ ~~~~ ~~ 1~.. "~!~.~s~~ L~. ~ ~~ ~L 33a.2~ ~~ ~ ~:.33~~~ {~1 ~.~ v~S , Ne~~x"-rte' hr c~ j - ~~~ 1C~1 ~° 33'~~~` ~.a. Dct 05 ZOO;J i£~. i3FiM HP LFISER36T FF1}S Elttaniinn: (''.iiy n81'7rtrit,yr H-arh ~' TITS e hurt ~J"i~lage ~.t Delray fc~r .Approval b~ the City of L~e.~a~ Beach I ..ata oi~gaaiug Hilo pccltlvit iit tlc~ppttrz Oz Lt18 L`~;t i3Tt1tS p't gixOPdable ~Iltal 110LtSiAQ tIi the ~W Area of I)elra~y Beach. 1t~0°Jo of the uni#s will be awailabla to households that elm 60°fo of below o$ the Area Median Incame. 'T'his davolapmeut is being funded wl#lt ~~7 ttiillion i~ stirnulue dollars. We necrl jnha sinrl stffordable hcaaaia~~ ~s ook tho Dols~aX 9each City Commission zo approve this beautiful new development !n our corxtrnuni#y. ~riat Name S' re Addreas - - _. ~ . ~L'~V, L.,...o£:.a :~ 9J ~L ~e~.~.t-'~-~~ a r~ ~ ~e~ ~ rr ~ ~..~t~ ~~- C~... 3. ~f. 5. ~, 7. R 9. -. 10. `~_~_ . p.2 ~ ~~ , ~'~f ~~, ~~ c~ucJ~ ~ ~"Cr'r j Attention: City of Delray Beach PETITION We Support 'Village at Delray for .Approval by the pity of II~e1~ay beach l atu signing this petition in support of the 192 snits of affordable rental housing in the SVV Area of Delray Beach.. 1tiQ% of the units wiil tie available to households that eam 6Q% or below of the Area Median lucome. This development is being funded with $2'1 million in stimulus dollars. We need jobs and affordable housing. We asl~ the Delray Beach City Commission to approve this beautiful new development in our community. Print Name Signature t' ~_ ~(~ Addres4 1. ~~~GR~c.K ~ ~al~,nc~~ ~~,~ ~ t~~s'~--. z. ~. ~. ~. ~, ~. 8. 9. l0. 10!0512009 89:30 5616821332 WIGINTDN FIRE SYSTEM PAGE 02f03 Attention: City of`l~e~Cay 8eacb P~'~"I~TIt,~i'~t We 5~.~;~c~rt Vii~age at Delray for .~,.p~re~~1. by tie C:it~ ~f Defray Beach i am signing this petitaQa in support of the i92 units of affordable rental housfztg in the SW Area of pelray Beach, It~O% cif the units will be avaiiable to households that earn f{3% or below of the Azea Median lucot~c. This developxner~t is beia~ funded with $27 Million in stimulus dollars. We need jobs and af~`ordal?le housing. We ask the T.~elray Beach City Coxomissioa to approve this beautiful new development iti ©tit~ community. Pris~.t Name Sigriaiv Address 1. _ r" 1"'" ~"c_t~.._~~'t.._33U~$ 2. t,.-tea. 3. „ LYt,ri,` ~. ~~: s. !~~ ~. ~. ~_-'~ s. y. ~0. 1~ P~ ti 3S'tx~ ~.~ ~2 3~~ ~~ rz . 1 ~ ti 3,~ ~. .- ~ ~~ .. ,... a i i'E'ii~~ gat ','.....; ~ _ .. .. _ 10f 05!2009 09: 30 5616821332 WIGI~ITCIN FIRE SYSTEM PAGE 03!03 Attention: City of Delray Beach PETI"CION ~Ve 5~.~~~t ~~~l.age at ~elra~ for A~prava~ by ~~.~ Czty cif D-e~ray Bead. 1 am sxgnir~g this petition in support of the 192 units of affr}rdable ret3tal housing lnt the SW Area of Delray Beach. I(30~fo of the units will be available to households that esrzj_ fQ°lo ox betvvr of the Azee :IViedxart Ittcazne. This development is being handed wiilt $27 tnaiuon to same{us ac~uars, t+~e rzcett ,loos ana a~oraavte arouszng. we es~c tn,e ~ac~ray Beach City Corrunission to approve this beautiful new development in our community. Paint Namc a e Address 1. ~ a ~^.v~ l~,i+LC..t"ti.S I t'I ""~ [-#~ ~ f~ ~# L jC'.~ x. ' ~. -~-I~"~~ C s. U~.11~ ~ YG(1~~?7(J ~. ~IQ., 4u ~.~ ~I v~4-~ra2 9. ~/~~S v ~~ ~ ~~~ ~~3~y~ ~~~~~ ~~ G~r~rS~ ~r' ~~~~' ~~~ .G~f~~ ~~s ~~ ~c. ~ ~~~ -~-- ~~~ ~~ ~~,~~~ ~ ~~ ~yv~ __~~ /d16 ~Y.r~Wrtc' ~~'`" F~t~t Attention: City of Delray H each PETITiUN e Su..p Village at Delray for Approval by the City of Delray Beach I am signing this petition in support of the l92 units of affordable re«ial housing in the SW Area of I}elray Beach. I{lQ°/n of the units will be available to households that earn 6©% or below of the Area Median Iueonze. This development is being funded with $27 million in stimulus dollars. We need ,jobs and affordable housing. We astc the Delray Beach City Commission to approve this beautiful new development ir3 our community. Address ~ ~.~t".~ ~. ~. s. ~. Io. Print Name Siginature Attention: City of Delray Beach PETLTLC}M ~VVe ~up~ village at Delra~r for Approval by tJ~e Ci.t~ of Delray beach I am signing this petition in support of the 192 units of affordable rental housing in the SW Area of Delray Beach. 1130°l° of the units will be available to households that earn 60°l0 or below of the Area Median Iucou~e. 'T'his development is being funded with $27 million in stimulus dollars. We need jobs and affordable housing, We ask the Delray Beach City Commission to approve this beautiful new development in our community. Print Name Signature I. Address ~~ cue. ~n- ~v4--r~ -.! . ~. ~ J ~} ~+ 12.5 ~~' ~~' ~~` ~ z s~ r`~~ 5r~- SF . Q~ c.a ~A~pt~1, ~~ '~~~ ~ (~ ~. ~. ~ ~ ~}~. ~l ~,~1t~ ~. {. 7. ~. ~. lfl. Attention. City of Delray Beach PETITIUN We ~ Village at :Delray for Approval by the pity of Delray Beach I am signing this petition in support of the 192 units of affordable rental housing in the SW Area of Delray Beach. 100°l0 of the units will be available to households that earn 60°la ar belciw of the Area Median Income, This development is being funded wzth $2'7 million ~in stimulus tlollars.'We need jabs and affordable housing. We ask the Delray f Beach City Corrunission to approve this beautiful new development in our community. ~ x~i~ 1. 2. .,~:. 3. ~.. Print Name ~, ~. ~. ~~r °o.. `~ ~,„ b(JIYy~ t Address ~. r~~ 1~~"~1Z ~ -Ch- °.~D~ . ~~r~ I I r~ ~-,. 1~~~ ~~ ~~~I~ ~1Y~ kf3~ ~' ~.~ `'~L ~~ ,~~s~-'fC1C ~ - ~.. ~~'~ ~v~, fir, I_ ~-~ ~~°~~~ ~~ ~L "~~ ~ ,~y Attention: City of Delray Beach PETITION VUe Su~~art Village at Delray far Appraval by the pity of Delray Beach I am signing this petition in support of the 192 units of affordable rental housing in the SW Area of Delray Beach. 100°l0 of the units will be available to households that earn b0°fo or below of the Area Median Income. This development is being fiunded with $27 million in stimulus dollars. We need jobs and affordable housing. We ask the Delray Beach City Commission to approve this beautiful new development in our community. Print Name Signature Address 1. t -s'1 ~.t.7`._l.~~Q..+V1C°~C?~'~Q ~~ ~ M,.k~t IVtC1 Vf'S.[ d ~~ .~y ~-`{~...__ 2. ~. ~. 5. b. '7. s. 9. 10. ~~ f~ ~ ~11Un iii . n ., In ~" ~ C`s ~v. S 6~. ~~~~ ~ .~1 ~"I ~_ ~~~~ lye=-~, ~~~ ~~ ~~, V " I Pa ~~~~-2to`~7 Attention: City of Delray Beach PETITIC3I~T ~Ue ~,~ Village at Delray for Approval by ~~e ~Ity of Delray Beach. I am signing this petition in support of the 192 units of affordable rental housing in the SW Area of Delray Beach. 100°l0 of the units will be available to households that earn 60°10 or below of the Area Median Income. This development is being funded with $27 million in stimulus dollars. We need jobs and affordable housing. We ask the Delray Beach City Commission to approve this beautiful new development in our community. ~~ ~~~ ~ I~~~~~ __ I~I~ Y, S5~`~ ~(l C~" ~ r s I 7. 8, 9. 10. Attention: City of Delray Beach PETITION We Su~.~~orti Village at Delray for Approval by the City of Delray Beach I am signing this petition in support of the 192 units of affordable rental housing in the SW Area of Delray Beach. lOfl°/a of the units will be available to households that earn b0°lo or below of the Area Median Income. This development is being funded with $27 million in stimulus dollars. We need jobs and affordable housing. We ask the Delray Beach City Commission to approve this beautiful new development in our community, Print Name 1. ~ 2. ,~~.. 3. ~ ~. ~-~ s. ~ 7. ~ t ~~~~~ Address ~.~~j~~ ~~ "~q z.o~~t.j~C~ECract~ ~~~.¢R~f l3•~ C X, tL ~~~ 9. Signature 10. Attention: City of Delray Beach PETITIC3I~T ~Ue ~,~ Village at Delray for Approval by ~~e ~Ity of Delray Beach. I am signing this petition in support of the 192 units of affordable rental housing in the SW Area of Delray Beach. 100°l0 of the units will be available to households that earn 60°10 or below of the Area Median Income. This development is being funded with $27 million in stimulus dollars. We need jobs and affordable housing. We ask the Delray Beach City Commission to approve this beautiful new development in our community. ~~ ~~~ ~ I~~~~~ __ I~I~ Y, S5~`~ ~(l C~" ~ r s I 7. 8, 9. 10. Attention: City of Delray Beach PETITION We Su~.~~orti Village at Delray for Approval by the City of Delray Beach I am signing this petition in support of the 192 units of affordable rental housing in the SW Area of Delray Beach. lOfl°/a of the units will be available to households that earn b0°lo or below of the Area Median Income. This development is being funded with $27 million in stimulus dollars. We need jobs and affordable housing. We ask the Delray Beach City Commission to approve this beautiful new development in our community, Print Name 1. ~ 2. ,~~.. 3. ~ ~. ~-~ s. ~ 7. ~ t ~~~~~ Address ~.~~j~~ ~~ "~q z.o~~t.j~C~ECract~ ~~~.¢R~f l3•~ C X, tL ~~~ 9. Signature 10. City of Del ray Beach Regular Commission Meeting RULES FOR PUBLIC PARTICIPATION Tuesday, October 6, 2009 1. PUBLIC COMMENT: The public is encouraged to offer comments with the order Regular of presentation being as follows: City Staff, public comments, Commission discussion Meeting 6:00 and official action. City Commission meetings are business meetings and the right to p.m. limit discussion rests with the Commission. Generally, remarks by an individual will Public be limited to three minutes or less. The Mayor or presiding officer has discretion to Hearings 7:00 adjust the amount of time allocated. p.m. Delray Beach City Hall A. Public Hearings: Any citizen is entitled to speak on items under this section. B. Comments and Inquiries on Non-Agenda Items from the Public: Any citizen is entitled to be heard concerning any matter within the scope of jurisdiction of the Commission under this section. The Commission may withhold comment or direct the City Manager to take action on requests or comments. C. Regular Agenda and First Reading Items: Public input on agendaed items, other than those that are specifically set for a formal public hearing, shall be allowed when agreed by consensus of the City Commission. 2. SIGN IN SHEET: Prior to the start of the Commission Meeting, individuals wishing to address public hearing or non-agendaed items should sign in on the sheet located on the right side of the dais. If you are not able to do so prior to the start of the meeting, you may still address the Commission on an appropriate item. The primary purpose of the sign-in sheet is to assist staff with record keeping. Therefore, when you come up to the podium to speak, please complete the sign-in sheet if you have not already done so. 3. ADDRESSING THE COMMISSION: At the appropriate time, please step up to the podium and state your name and address for the record. All comments must be addressed to the Commission as a body and not to individuals. Any person making impertinent or slanderous remarks or who becomes boisterous while addressing the Commission shall be barred by the presiding officer from speaking further, unless permission to continue or again address the Commission is granted by a majority vote of the Commission members present. APPELLATE PROCEDURES Please be advised that if a person decides to appeal any decision made by the City Commission with respect to any matter considered at this meeting, such person will need to ensure that a verbatim record includes the testimony and evidence upon which the appeal is based. The City neither provides nor prepares such record. 100 N.W.1st Avenue d. VU'ithout limiting the generality of the above releases, DBHA specifically acknowledges and agrees that any claim to the I 1 acre site, including, without limitation, any interest in realty or in personalty, is hereby released. 3. Permits. Auburn Trace may immediately pursue any and all permits, approvals, permissions, orders ar actions necessary or convenient to approval of the Site Plan or tYze Residential Use before the City of Delxay Beach, Florida {"City") ar any other goverxzznental or quasi-governmental agency or authority without interference of the DBHA Release Group. Such permits, and approvals, orders, permissions or actins are sometimes collectively referred to as the "Permits". The Permits may include but are not limited to changes in land use, conditional use, rezoning, certif cater of occupancy, building permits, site plan modifications, plat approvals, approvals for financial assistance from local, state or federal agencies, including but not limited to Palm Beach County, Florida Housing Finance Corporation or any agency of the United States government, such as HUD or any other consent approval, grant subsidy, order, variance, waiver or other grant of any other right that may beneficial to the Site Plan or Residential Use witliaut restriction. Some of those Permits shall be fox {i) the purpose of decreasing the density far the 11 acre site fro~rz 24 units per acre to 18 units per acre; and (ii) guaranteeing affordability of all units in the 11 acre site for those earning 60% or less of the median imcome of the County of Palm Beach, Florida. The DBHA Release Group shall not oppose in any manner or way the obtaining of such Permits, the construction contemplated by the issuance of such Permits, and the operations, ownership and occupancy which will be conducted at the 11-acre site for the Residential Use after obtaining such Permits. 4. R_ x~ht~, a. The Permits, Site Plan and Residential Use are sometimes collectively referred to as "Auburn's Rights". The DBHA Release promises not to interfere with ar delay Auburr~'s Rights, either directly or indirectly, in any manner or way whatsoever, This promise includes but is not limited. to a promise by the DBHA Release Group not to bring, directly or indirectly, any suit, petition, claim ar other action with respect to Auburn's Rights or to lobby against either fnrinally or informally any of Auburn's Rights and the DBHA Release Group waives their right to sue the Auburn Release Group aver any matter, or thing whatsoever related directly ar indirectly to Auburn's Rights. b. The DBHA Release Group fully understands and acknowledges the waiver of such rights so as not to intez~ere and so as not to bring suit. The DBHA Release Group has full and complete knowledge of the matters related to the waiver of such rights and the DBHA Release Group has received legal advice from the attorney of its choice prior to granting such waiver of such rights. 4 S. Non-Interference b DBHA Release Grnu In addition to and not in limitation of the other obligations imposed on the DBHA Release Group hereunder, the DBHA Release Group promises and agrees that: a. The DBHA Release Graup shall not interfere with Auburn's Rights under this Agreement, including but limited to Auburn's actions to obtain Permits and construct the buildings and improvements contemplated by the Site Plan and Residential Use; b. The DBHA Release Group shall nat record any papers in the Public Records of Palms Beach County, Florida which would interfere in any rnasixzex with Aubuxn's Rights; c. The DBHA Release Group shall not appose, object to or interfere with Auburn's Rights, publicly or privately, in any forum, tribunal, court, community meeting, or other public meeting regardless of whether it be a court, city commission meeting, board meeting, association meeting, governmental or quasi-governmental authority or agency of any type or nature; d. The DBHA Release Group shall not 'interfere with the sale, purchase, financing nr other transfer of the 11-acre site; e. The DBHA Release Group shall not lobby, assist or advise any person or entity to oppose, object to or interfere with Auburn's Rights privately nr in any foxU~rz, tribunal, court or public meeting; anal f. The DBHA Release Group shall act in goad faith with respect to all of its obligations under this Settlement Agreement. 6. Remedies. a. If the Auburn Release Group or any one of thezxs breaches any of their obligations under this Agreerr~ent, the DBHA Release Graup or any one of them may immediately pursue all of its rights at law, in equity, under this Settlement Agreement against the Auburn Release Group jointly and severally. The obligations of the Auburn Release Group are joint and several in favox of the DBHA Release Group. b. If the DBHA Release Group nr any one of t11em breaches any of their obligations under this Agreerxsent, the Aaburn Release Group ar any one of them may immediately pursue alI of its rights at law, in equity, under this Settlement Agreement against the DBHA Release Group jointly and severally. The obligatioza of the DBHA Release Group are joint and several in favor of the Auburn Release Graup. o. The parties understand, acknowledge and agree that a breach of this Agreement by either party would result in a situation which would be of au emergency nature with respect to the other party and the parties agree, acknowledge and understand that the remedies of the Temporary Restrainiz~zg Order, injunction or other equitable relief shall be available to the non-breaching party without the necessity of proving of this 5 statement independently. In the event of a request for a `Temporary RestraizAing Order, injunction or any other equitable relief by the Auburn Release Group, no bond shall be required. d, The parties recognize that the obligations under this Settlement Agreement are special, unique, and of extraordinary character, and that in the event of the breach of the terms and conditiaxks of this Settlement Agreement, then the non-breaching party or any one of them sha11 be entitled, if it so elects, to institute and prosecute proceedings in any court of competent jurisdiction, either in law or in equity, to obtain damages as set forth herein for any breach of this Settlement Agreer~aent, to exercise any and all rights set forth herein, such as to enforce the specific performance hereof, or to enjoin the breaching party as set forth herein. e. Any expense incurred by such party in compelling compliance by the other party with the terms of this Settlement Agreement, including costs and expenses of enforcement, including reasonable attorneys' fees, shall be collected from such party in connection therewith. £ In the event that all of the events listed in Paragraph 1(a} and Paragraph 1{b} shall not have occurred, then the 1 S-acre site shall not be transferred, granted or conveyed to DBHA; and in lieu thereof, the parties agree that this Settlement Agreement shall be terminated, cancelled and ended it being void ab initio and without any farce and effect. The parties shall be placed in the exact position that they were in, as to all of the rights, obligations and responsibilities between the parties as if this Settlement Agreement had never been executed or in farce or effect. The Quit-Claim Deed shall be returned to the Auburn Release Group. 7. Voluntary A~reexuent. The parties are each represented by legal counsel of their choice, are fully aware of tl~e terms contained in this Agreement and have voluntarily and without coercion or duress of any kind entered irate th%s Agreement. 8. Entire A reement. 'T'his Agreement (including the exhibits attached as a part llereo~ constitutes the entire and final understanding among the parties with respect to all matters contained herein and there are not agreements {either oral or written), understandings, warranties or representations hereunder among the parties except as set forth in this Settlement Agreement. 9. Miscellaneous. a, This Agreement cannot be changed or amended except by an agreement in writing duly executed by the party against whom enforcement of the change is sought. b. If the date of the performance of any term, provision ar condition of this Agreement shall happen to fall on a Saturday, Sunday or other non-business day (i.e. a day in which banks are closed), the date for the performance of such term, provision ar condition shall be extended to the next succeeding business day immediately thereafter accurrrng. 6 a This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, and all such counterparts together shall constitute one and the same Settlement Agreement. d. This Agreement sha11 be governed and construed in accordance with the laws of the State of Florida. e. This Agreement shall not be construed mare strongly against any party regardless of who is responsible for its preparation. f. No delay or failure on the part of any party hereto of the exercise of any right or remedy hereunder shall operate ss a waiver thereof, and no single or partial exercise of any right or remedy under this Agreement shall preclude the further exercise of any other right ar remedy. g. Use of the wards "herein", "hereof', "hereunder", and any other words of similar import refer to this Agreement as a whole and not to any particular articles, sections or paragraphs of this Agreement unless specifically noted otherwise in this Settlement Agreement. h. Wherever possible, each prc~visian of this Agreement shall be interpreted in such manner as to be effective and valid under applicable Iaw, but in the even that any provision of this Agreement shall be prohibited by or invalid under such Iaw, such invalidity, without invalidating the remainder of such provision ar the remaining provisions of this Settlement Agreement. i. In cansh-uing this Agreement, the singular shall be held to include the plural, the plural shall include this singular, and the use of any gender shall include every other and all genders. Any reference to array group of parties to this Agreement such as the Auburn Release Group or the DBHA. Crroup does not mean that the parties must act simultaneously or in unison but may act independently or in concert as circu~n.stances dictate and obligations may be affected ar eoxnpleted as a group or alone as circumstances dictate. J. Any reference to the ].1-acre site or the 18-acre sift is for convenience only and not to establish exact acreage. The exact acreage shall be determined by appropriate surveys. k. Neither this Agreement, nor any memorandum thereof, shall be recorded in the 1'ttblie Records and such retarding shall constitute a default by the party so recording. 1. AI! covenants, waira~rties and representations contained in this Agreement, the exhibits hereto and all documents to be delivered by the parties in connection with the consummation of the transactions Contained herein sha11 survive the consummation of any transactions contemplated herein, 7 m. The parties agree to execute all further instruments and take all such further action that may be reasonably required by any parry to fully effectuate the terms and provisions of this Agreement and the transactions contemplated herein. n. The Recitals are incorporated herein by reference as if set Earth fully below. The Recitals are true and correct in all respects. All of the exhibits and schedules to this Agreement, including all of the terms, conditions and provisions thereof, are incorporated into this Agreement by this reference as if fully set forth below. a. This Agreement shall be binding on each party's heirs, personal representatives, successors and assigns. i 0. Time. Time is of tlxe essence in the performance of this Agreement. i 1. Attorne 's Fees. Should either party employ attorneys to enforce any of the provisions hereof, the party losing in any final judgment agrees to pay the prevailing party all reasonable costs, charges and e~cpenses, including attorneys' fees, expended or incurred in connection therewith. 12. Notices. .Ail notices required or permitted hereunder shall be in writing anal shall be served on the parties at the addresses set forth in Exhibit "E". Any such notices shall be either (aj sent by overnight delivery using a nationally recognized overnight courier, in which case notice shall be deenned delivered one (1) business day after deposit with such courier; (h) sent by telefax, in which case notice shall be deemed delivered upon transmission of such notice; or (c) sent by personal dalivery, in which case notice shall be deemed delivered upon receipt. A party's address may be changed by written notice to all other parties; provided, however, that no notice of a change of address shall be effective until actual receipt of such notice. 13. No Admission of Liabili#y. This Agreement constitutes the settlement of disputed claims. It does not and shall not constitute an admission of liability by either of the parties and shall not be used by any party ar any other person or entity in any litigation ar proceeding for that purpose. The parties further agree that all disputes and allegations between and among them are subject to this Agreement. 14. Escrow Agent. The Escrow Agent shall be Brian J. McDonough af' Steaix~s Weaver Miller ~7Veissler Alhadeff & Sitterson, P.A. (the "Escrow Agent") and the Quit Claim. Deed shall be held in escrow upon the terms and conditions set forth in the Escrow Letter and the following: a. In the event that the provision of Paragraph 6(f) is involved, the Qliit- Claim deed shall be returned to the Auburn Release Group. b. In the event that all of the events listed in Paragraph 1(a) and Paragraph 1(b) shall have occurred, then the Quit-Claina Deed shall be released to the DBHA Release Group. The Escrow Agent shall only be required to release the Escrowed Documents (as defined in the Escrow Letter) upon its receipt of written instructions from 8 Brian Hinners or Tom Hinners on behalf of Village Square. Escrow Agent may fully rely, without independent investigation as to the accuracy of such instructions, upon such written directions. c. Buyer and Seller agree that Escrow Agent shall net be liable for any reason except gross negligence or willful misconduct. d. Escrow Agent shall comply with any specific term contained in this Agreement. Any request for the release or return of documents shall be signed by Village Square an behalf of the Auburn Release Group provided, however, that: if the Auburn Release Group makes a written request far disbursement to Escrow Agent, then. Escrow Agent shall advise the DBHA Release Group in writing, attaching a copy of such request, and if the DBHA Release Group fails to object in writing within five (S} days of receipt by it of such request for the release of such documents frazn Escxw, the Escrow Agent shall be authorized to disburse such documents as requested by the requesting party. Notwithstanding any provision in the Agreement to the contrary, Escrow Agent is authorized to disburse the documents in accordance with an order or,~udgment of a court of competent jurisdiction. Neither the DBHA Release Group nor Auburn Release Graup shall unreasonably withhold or delay any action by the Escrow Agent for disbursement of documents. e, In connection with the escrow, the parties agree to execute such agreements as Escrow Agent may reasonably request. Failing such execution, Escrow Agent may decline to serve in such capacity, and the parties shall select a substitute escrow agent by mutual consent. £ Ixt the event of any dispute regarding the return or release of the dacumen#s, Escrow Agent shall be authorized to deposit the documents with a court of competent jurisdiction, to be held pending resolution of that dispute. g. If Escrow Agent is required to institute ar participate in litigation as a result of this escrow, the parties hereto shall be obligated S~ISO to reimburse it for any casts and expenses (including reasonable attorneys' fees) actuatly incurred by it. 1S. WAIVER OF JIJnY TRIAL. THE PARTIES HEREBY KNOWINGLY AND VOLUNTARILY WAIVE ALL RIGHTS OF TRIAL BY NRY THEY MAY HAVE WITH RESPECT TO ANY DISPUTES ARISING UNDER THIS AGREEMENT. (SIGNATURE(S} GN FOLLOWING PAGE] 9 WHEREF4)~, t}ze parties have executed this Agreement as of the date set fo~•kh above. DELRAY BEACH HQUSING AUT~•IORITY By: ~t~: AUBURN DEVELOPMENT, LLC, a Florida limited IiabiIity company BY~ ~ ~-----~--_ its: ~~! ?'/~+A~ AUBURN TRACE, LTD., a Florida limited par~ership By: t Its: I,,z/ %"~ /~s'61 ESCROW AGENT ~( WITNESSES VILLAGE S(~UARE AEVEL4PERS, LLC a Florida limited Liability company Weaver Mil3~• 136~issler AlhadefF & 5ittelfsan. P.A. G:IW-B1M137~iQIQ©61SetElement AgreemLttit-v3.doc f ~~ ~~ ~P Attenti~Sn: City of Delray Beach PETITIOlvi We S ~or~ Village at Delray far Approval by the ~l~.y of Delray ~3eacla I am signing this petition in support of the 192 units of affordable rental housing in the SW Area of Delray Beach. 10~°l0 of the units will be available to households that earn 6(}°l° or below of the Area Median Income. This development is being funded with $27 mi)lion in stimulus dollars. We need jobs and affordable housing. We ask the Delray Beach City Commission to approve this beautiful new development in our conux~unity. 1. 2. 3. 4 5. b. 7. ~. 9. 10. ~~ f~ ~ ~ !~ a r• Attention: City of Delray Beach J rent j acne imature e s PETI7C lIt}l~+l ~ve_~~~ort village at Delray for Approval by ~~ie Clay of L~elr~y beach I am signing this petition in support of the 1~2 units of affordable rental housing in the SVJ Area of Delray Beach. 100°lo of the units will be available to households that earn 60°~0 or below of the Area Median Income. This development is being funded with $2'7 million in stimulus dollars. We need jabs and affordable hausing. We ask the Delray Beach City Cazrzmission to approve this beautiful new develaprnent in our community. P ` '~ S' d 1. 2. ~, 4 5. ~. 7. $. 9. 10. r---- ~~.~ U(~~ °- / Attention: City of Delray Beach PETITytJN ~~e wort pillage at Delray for Approval by the 1ty off` Delray l3eaeh 1 am signing this petition in support of the 192 units of affordable rental housing in the ~W Area of Delray Beach. 100°Io of the units will be available to households that earn 60% ar below of the Area Median Income. This development is being funded with $27 million in stimulus dollars. We need jabs and affordable hausing. We ask the Delray Beach City Cain:mission to approve this beautiful new development in our community. Print Name Sibnature (~~''`A1(1dd`'r'~'`ess ~` r /' V f ~~ 2. ~, X ~. J ~. f. i Q. ~. -~ 10. -~--~-~- /(X N ~~1 ~ t~ ~`~- `~'-^'G`~ is -p_ ~~~~~V~.,~ eU _. _ ~ f - (-f J~ cam' ~ ~-( c;~ .mss ~,.~ ~~ .~ ~T GAG V~G! ~~ ~~1 ~~ .~`7gfj~ Cj~ los Fln~ ~e~ ~pZnl,e ~ ~ ~C~ ~- ~f Attention: City of Delray Beach P~T"I~'~(kN ~V~e ~~~ vzlla~e a~ ~elra~ ~`or ~.~pr~val b~ ~~e ~lt~ of I~~lra~ ~~acl~ I azn si~nin~ this petition in support of the 192 units of affordable rental housing in the SW Area of Delray Beach. lOt}°/a of the urd.ts wi11 be available to households that earn dt?°lo ar below of the Area 11~Sedian Income. This development is being funded with $27 million in stznaulus dollars. ~Je need jobs and affordable housing. We ask the Delray Beach Cit~r Cozszmission to approve this beauti ~.l new development in our corr~munit~T. Prim Name Si~aature Address 2. ,~ . 4 ~. ~. ~, s. 9. z a. (~-/D8 /off f~~6C10~ Attention; City of Delray Beach PETITION ~Ue ~~~~ort village at L}elray for Approval by the pity of Delray beach I am signing this petition in support of the 1 ~2 units of affordable rental housing in the ~W Area of Delray Beach. 1{}0°l0 of the units will be available to households that earn 60% or belouT of the Area Median Income. This development is being funded with $2'7 million in stimulus dollars. We need jabs and affordable housing. We ask the Delray Beach City Commission to approve this beautiful new development in our corrlmunity. Print Name signature Address 1. 2. ~. 5. 6. 7. 8. 9. 10. ~icC~~ ~. ~~ ~~~ ~~ 7 c-~ ~~ 1 Attention: City of Delray Beach P~TITIC~N ~e ~t~.~~or~ ~ill~.g~ ~~ I:~~lr~.~ for .~pprov~l ~by ~~e Cif of ~elr~.y Be~~l~. I asn signing this petition in support of the 192 units of affordable rental housing in the SW Area of Delray Beach. 100% of the units will be available to households that earn 60°lo ar below of the Area Median Income. this development is being funded with $27 million in stimulus dollars. We need jabs and affordable housing. We asl~ the Delray Beach City Cornmissian to approve this beautiful near development in our can-~munit~T. 1. Z. ~. 4 5. ~. 7. 8. 9. 10. '" ~, a ~~~ Print Dame Signature Address Attention: City of Delray Beach P~TITIQN Vie ~a~~~rt Tillage at Delray fc~r ~..ppro~a~ by the City of Delray Beach I am si~nin~ this petition in support of the 19~ units of affordable rental housing ~ the SW Area of Delray Beach. 100% of the units will be available to households that earn 60°lo ar below of the Area 1v1edzan Zncarne. This development is being funded with $27 m~i.llian zn stimulus dollars. tiVe need jabs and affordable housing. ~Je ask the Delray Beach City Commission to approve this beautiful new development in our community. Print Name Signature Address AtCention: City of Delray Beach laF'P'T'T`T(lN ~Ve ~~or~ ~i~~~.e at Delray ~~r ~pprc~val by the ~I o~ Delray beach I a~n sitrning this petition in support of the 192 units of affordable rental housing in the SW Area of Delray Beach. 100°fo of the units will be available to households that earn 60°l~ or below of the Area Median Income. This development is being funded with $27 million in siimulus dollars. We need jabs and affordable housing. We asl~ the Delray Beach City Commission to approve this beautiful new development in our cammur~.i?y. Print Name ~ignatt~.re Address 1. 2. 3. 4. ~, 5. 6. 7. ~. 9. ~ o. ~ ~'/ ~ ~`" _ ~. ~~5~!'~' _ ~~~ Mil ~ ~.~~- ~~-~~~ j ,~ '~ ~~~ ~ 7 Attention: City of Delray Beach PETITION ~~e ~~~ ~ill~ge a.t Delray fc~r ~.ppr~val by the ~zty ~f Delray ~e~c~ I am signing this petition in support of the 19~ units of affordable rental housing in the S~~ Area of Delray Beach. 100°!° of the units wi11 be available to households that earn ~0°t° or below of the Area Median Income, This develaplnent is baing funded with $27 million in stimulus dollars. Vie need jobs and affordable housing. We ask the Delray Beach City Com~m~.nission to approve this beautiful new development in our cozxin~unity. Print Dame Signature Address ,J,,,Y ~. '`-' L 3 5 d. ~. ~. 9. 10. t~tril`~~ Ct{~~ .~ ~/~~ ~~~ ~ ~ ~ ~' ~ ~s ~, ~~~ ~ ~~, ~Z Attention: City of Delray Beach PE'rITIOll~ ~V~e ~L~~or~ village at I~elra~ for Approval b~ the ~it~ of ~elra~ ~eaeh I am signing this petition in support of the 19~ units of affordable rental housing ix~ the SW Area of Delray Beach. 100°l0 of the units will be available to households that earn 50% ox below of the Area Median Income. This development is being fi.znded with $27 million in stimulus dollars. We need jobs and affordable housing. We ask the Delray Beach City Commission to approve this beautiful new developruent in our com~~nu».ity. Paint Name ~igna~~re Address 2. 3. ~~, 4. 5. ~~~~ ~. ~"~ ~. ~ ~. ~. 10. ~~~ ~~_ 1~2i~ i~~" ~ ~~~ t ~.. i ~ E . Attention: City of Delray Beach PETITION U~e_u~port village at 1~elray for Approval by tl~e pity of Delray Beaeh I am signing this petition in support of the 192 units of affordable rental housing in the SW Area of Delray Beach. IOQ% of the units will be available to households that earn 6a% or below of the Area Median Income. `1 h.is development is being fiu~ded with $27 million in stirrlulus dollars. We need jobs and affordable housing. `SVe ask the Delray Beach City Commission to approve this beautiful new development in our commuzzit~r. Print Name Si~ature Address ~ ~ ~~ 1.1~i ~ ~ ~~~~ 2. ~. ~. ~. ~. z~. ~7'~ .. ~. ~d .~ l30 ( ~ ~~/ l o .r~~ ~ ~~ir f 3 ~ ~ °~ .~-~~~ E-lo~ Attention: City of Delray Beach PETITION ~v~ ~~ village a~ I~elr~~ nor .~,.~proval by tie icy of Del~~.y ~eaeh I am signing this petition in support of the 192 units of affordable rental housing i.n the SW Area of Delray Beach. 100°l° of the units ~vi11 be available to households that earn 60% ar below of the Area A~Iedian Tncome. This development is being funded with $27 million ire stirnulus dollars. We need jabs and affordable housing. ~Ve ask dze Delray Beach City Commission to approve this beautiful rzew development in our cammunit5~. 2. -, >. ~. ~. /. ~. ~. 10. .Print Name signature Address Attention: City of Delray Beach I'ETITI©N ~V~e Suor~ Village a~ Delray for Approval by the City off' Delray Beach I am signing this petition in support of the 192 units of affordable rental pausing in the SW Area of Delray Beach. I00°I° of the units will be available to households that earn b0°l° ar below of the Area Median Income, This development is being funded with X27 million in stimulus dollars. We need jabs and affordable pausing, We ask the Delra}~ Beach City Commission to approve this beautiful new development in our community. Print Name Signature Address 1. ~ ~ ~~rn C.~'fi 1~-{C'~S~' ~~"~ 2. .:.~°_ Gc.~~2,~'~~~-'`~('~~T ~~~-~r~C' -~-' ~~~~`~ l tom' ! ~ -~' ~- `t. ~~ ~. ~~s ~. 7. ~. ~, ~ ~Q 10. r{ ~~~~ ~c, 'r'~y~'~,~ ~ r ~~ ~~ ~v~~~ ~~~. ~ ~ ~-~ ~~~~ ~ ~~. ~- ~'~ ~ A-~ r_._~l ~'`1 ~ ~:I~-~ c~~ `"[ ~a ,~ rya ~/~~~-. ~~t ~ t~~a c'~r r~ l~. >' 1- y~ ~ 'I''P l CA ~ ~'? ``~ C) tJ ~ t f ~, ~ ~ c1 r i r ~ x 1 Attention: City of Delray Beach PETI~`I~1~ ~Ve ~u~~4rt ~ill~ge ~,t I~elra~ z~r Ap~rov~.l ~y the Clay of Delray ~e~ch I am si~nin~ this petition in support of the 19~ units of affordable rental housing in the SW Area of Delray Beach. IOQ°la of the units will be available to households that eam 60°1a or below of the Area Median Income. This development is being fw~zded with X27 million in stimulus dollars. ~%e need jobs and affordable ht~usirs~. We ask the Delray Beach City Cozn~-~~ission to approve this beautiful new development irk our comrnunit~J. i. 2. .~ . 5. 6. 7. 8. 9. 10. Attention: City of Delray Beach P~TITyON VVe ~~~r~ ~ill~ge at ~elr~.y ~c~r ~~rov~.l b~ the pity o~ ~elr~.~ ~e~eh 1 am signing this petition in support of the 19~ units of affordable rental housing in the S W Area of Delray Beach. 1 QC1°14 of tide units v~%ill be available to households that earn 6Q% or below of the Area Median Income. T~iis development is being ended with $27 million in stimulus dollars. We need jobs and affordable housing. We ask the Delray Beach City Commission to approve this beautiful new development in our community. Print Marne Signature Address ~. J. s. ~. 7. . ~. ~~. IU-'01 1 ~a-~°~ ~a-.~ °9 ~~..~ ~~ 3~~~ Attention: City of Delray Beach I'~T'ITIiC~~ ~~ ~ V~11a~e at Delray nor ~.pproval by the ~i~y ~f Delray Beach I asn signing this petition in support of the 1 ~2 units of affordable rental housing in the S`~~ Area of Delray Beach. 1 Ot?°Ifl of t'~e units will be available to households that ea--zz 60°lfl or below of the Area Median Income. This development is being fu-~ded with X27 million in stimulus dollars. We need jobs and affordable housing. We ask the Delray Beach City Comn7ission to approve this beautiful new development ~-~ our comrnurazty. Print Marne Sign~.tt.~-e Address Attention: City of Delray Beach ~ ~~ / P~TITI4N L~ ~I ~~ ~~`7 ~~ ~~ ~e ~u~~tt ~zll~ge ~t Delray zor Approval by the City ~~T~el~-ay Beach I am signing this petition in support of the 192 units of affordable rental housin¢ in the SW Area of Delray Beach. 10~% of the Ilp7ts will be available to households that earn 60°l0 or below of the Area Z~~edian Income. This development is being fu~-~ded with $27 million in stimulus dollars. We need jobs and affordable housing. We ask the Delray Beach City Coissian to approve this beautiful new development in our community. 2. ~. 4 S. ~. 7. ~. 9. 1 ~}. Pz'izat Name 5igxzature Address Attention: City of Delray Beach PlFTI~'I'~(?l~ ~Ve Su~~ort ~i11ae at Delray ft~r Approval by the ~xty of Delray beach I am signing thzs petition in support of the 192 units of affordable rental housing in the S W Area of Delray Beach. 1 QO%o of the units will be available to households that earn 60% or below of the Area Median Income. This development is being funded with $2? million in stimulus dollars. We need jobs and affordable housing, We ask the Delray Beach Cit~T Commission to approve this beautifizl new development in our community. Print Name Signature Address 1. 2. ~, a ~. 6. 7. 8. 9. 10. Attention: City of Delray Beach ~~e ~. fort V~.llage apt Delray for Approval by ~he~~ity of Delray Beach I am signing this petition in support of the 192 units of affordable rental housing in the SW Area of Delray Beach. 100°l0 of the~'units will be available to households that earn 60°l0 or below of the Area Median Income. This development is being funded with $27 million in stimulus dollars. We need jobs and affordable housing, We ask the Delray Beach City Commission to approve this~beautiful new development in our community, Print Name Signature Address r- ~ . ~~~~~~~~ ~~~~~~~~ ~ ~ S ~- ~G~ z~ ~. ~"~ f~ ~~ 7. 8. 9. 10. Attention. City of Delray Beach I~~TIT30N ~e orb ~lllage at Delray ~~r ~.~pr~val by the ~zty of Delray beach I azn signing this petition in support of the 192 units of affordable rental housing in the S«~ Area of Delray Beach. 1C}0% of the units will be available to households that earn 6{}% or below of the Area ltiZedian Income. This development is being funded with $2"1 million in stimulus dollars. V~Te need jobs and affordable housing. We asl~ the Delray Beach City Comu~.ission to at~prove this beautiful new development in our community. 1. 2. -, a. ~. 5. 6. i. ~. 9. 10. (~ Print Dame Signature Address Attention: Czty of Delray Beach P~'rITION eve ~u~rt village at Delray zor .Approval by the pity of Delray beach I azn sigrring this petition in support of the 192 units of a~'ordable rental housing in the StN Area of Delray Beach. 1 OC}°l° of the units wi11 be available to households that earn 60°l0 or below of the Area Median 1nGOme. This development is being funded ~xTith X27 million in stimulus dollars. ~Ve need jobs and affordable housing. We aslc the Delray Beach City Commission to approve this beautifu~ new development in our community. 2. -, 4. 5. 6. 7. 8. 9. 1 ~?. ~~ ~~ print Name Si~-nature Address .~, " Attention; City of Delray Beach P~TIT~t)1'~ ~e ort V~~l~.ge ~t ~e~ray ~`or ~.p~arov~l by the pity o~L~elr~.y ~e~ch I am signing this petition in support of the 192 units of affordable rental housing in the SW Area of Deli ay Beach. 100% of the units will be available to households that earn 60% or below of the Area Median Income. This development is being funded with $27 million in stimulus dollars. We need jobs and affordable housing. We ask the Delray Beach City Cozrmission to appro~Te this beautiful new development in our communif~~. 2. -, ~. 5. 6. 2. ~. 9. 10. Print IvYame signature Address Attention: City of Delray Beach P~~r~rrc~1~ ~e ~u~~ort ~i~la~e ~~ Delray nor .1~.p~ra~a1 by ~~.e ~~.~y ~f T.~elr~.y ~e~.ch I am si~nin~ this petition in support of the 192 units of affordable rental housing in the SW A~=ea of Delray Beach. 1 ~0°fo of the units will be available to households that earn d0°f° or below of the Area Median Income. This development is being funded with $27 rnillian in stimulus dollars. We need jobs anal affordable housing, We ask the Delray Beach City Cornmissian to approve this beautiful near development in our community. Print Name Signature Addr-ess 1. ~~ rt t'rr P~l I"Ct ~~{~t` t~/,c7 ~l2- Y-~Yr/?f.P,t` ~t'~r ~G~`~`fi ~- <~rv- t ~ / ~~.~~. ~ tnD 'S F G~~~1 RIS ~. / , Attention: City of Delray Beach P~TIT~C31~I eve S~~or~ pillage a Delray for Approval by the City of Delray ~3each I am signing this petition in support of the 192 units of affordable rental housing in the SW .Area of Delray Beach. lOC}% of the units will be available to households that earn 60°l0 or below of the Area Median Income. This development is being funded with $27 million in stimulus dollars, We need jobs and affordable housing. We ask the Delray Beach City Commission to approve this beautiful new develaprnent in our community. :~ _ J ~~~ P~-f . Q Attention; City of Delray Beach PETITIQIY ~Ve Su~~or~ Village at T)elray ~'or Apprc~Val by the City of Delray Beach I azn sigrdng this petition in support of the 19~ units of affordable rental housing in the ~ Area of Delray Beach. l {}0% of the units wi11 be available to households that earn b0% or below of the Area Median Income. This development is being funded with $2~ xrzillion in sti~rzulus dollars. ~'e need jobs and affordable housing. We ash the Delray Beach City Commission to approve this beautiful new development in our community. 2. 3, 4 5, 6. ~. 8. 9. 10. .~~ ~ Print 1'~Tarr~P ~ianat7~re Ari~refi.~ Attention: City of Delray Beach ~- P'~7CIT'~C~li~ e ~~~ ~il~a~;e ~t ~e~ray for Ap~raval b~ the ~i~y of~elr~.~ ~3each I am signing tr~is petition in support of tie 1 ~2 units of affordable rental pausing i_n the SW Area of Delray Beach. 100°l° of tpe units uTill be available to pousepalds fiat earn ~0°l° ar belaur of the Area I~~ledian lncame. 'Z~is de~relapment is being fiznded witp X27 million i.n stimulus dollars. ~fe need jabs and ai~ardable housing. Vure ask the Delray Beach Cit~T Cammissian to appro~Te this beautii~l new development i~ our cornrn~nunity. Print Na-ne Si~nat~tzre Address 2. ~~ ~~ r~- ~~~~~ ~Z~~_~ ~~~ 10. Attention: City of Delray Beach PETITION '~~e Su~-,~ort Village at Delray far .A~proval by the pity of Delray Beach I am signing this petition in support of the 19 units of affordable rental housing in the SW Area of Delray Beach. 100% of the units will be available to households that cam 60°fa or below of the Area Median Income. This development is being funded with $27 million in stimulus dollars. Vde need jobs and affordable housing. We ask the Delray Beach City Commission to approve this beautifizl new development in our community. 1. ~, 3. 4. 5. 6. 7. 8. ~. Z0, c~ Print Name Signature Address Attention: City of Delray Beach ~~ S ~ Vi~1~.g~ ~~ ~~lray ~'~r approval by ~h~ pity off' ~elr~.y ~e~.ch I am si~nin~ this petition in support of the 192 urdts of affordable rental housing in the SW Area of. Delray Beacil. 100% of the units gill be avazlable to households that earn 60°l0 or below of the Area I\~edian Income. This development is being funded with $2'7 million in stimulus dollars. We need jobs and affordable housing. We ask the Delray Beach City Coi~nission to approve this beautiful new development in our communit~r. Print Iv ame Signature Address 2. ~. 4 5 b. 7. S. 9. 1.0. .~1 Attention: City of Delray Beach PETITION ~GVe 5u~ village at Delray for Approval by the pity of Delray- Beach I am signing this petition in support of the 192 units of affordable rental housing in the SW Area of Delray Beaeh. 100°1° of the units will be available to households that earn 60% or below of the Area Median Zncome. This development is being handed with $27 million in stimulus dollars. We need jobs and affordable housing. We ask the Delray Beaeh City Commission to approve this beautiful new development in our community. Print i'~lame Signature Address 1. 2. ~. 4 5. 6. 7. 8. 9. 10. Attention: City of Delray Beach PETITT4N We_upport Village at L}elray far Approval by the City of Delray Beach 1 am signing this petition in support of the 192 units of affordable rental housing in the SW Area of Delray Beach. 1tlQ°fo of the units will be available to households that earn 60% or below of the Area Median Income. This development is being funded with $27 million in stimulus dollars. We need jobs and affordable housing. We ask the Delray Beach City Commission to approve this beautiful new development in our community. 1. 1. 2. 3. 4. 5. 6. 7. $. 9. 10. Print Name ~'`~ Signature Address ~~- ~~ { ~, y ~,r ~~ ~~ ~ t'~q I l ~~ ~~~ r . Attention: City of Delray Beach PETITION We Su~~ Village at Delray for Approval by the pity of Delray Beach I am signing this petition in support of the 1 ~2 units of affordable rental housing in the SW Area of Delray Beach. 100°l0 of the units will be available to households that earn b0°lo or below of the Area Median Income. This development is being funded with $27 million in stimulus dollars. We need jobs and affordable housing. We ask the Delray Beach City Commission to approve this beautiful new development in our community. Print Name 2. 3. 4. 5. b. 7. $. 9. 10. Signature Address '1]~~~ Attention: City of I_}elray £3each PET~I`I.ON ~Ve Su~por~ Village at Delray far Approval by the pity of Delray Beach I am signing this petition in support of the 19~ units of affordable rental housing in the 54V Area of Delray Beach. 1{10°l0 of the units will be available to households that earn 60% or below of the Area lwtedian Income. 'T`his development is being funded with $27 million in stimulus dollars, We need jobs and affordable housing, We ask the Delray $each City Commission to approve this beautiful new developznen# in our community. Prin# Name 1. ~r~t 6. ~~ ~~° ~~ Signature Address ',;,,,~ .v. rf, acs /1r..~ , 6(,c7 wwtl ~~q~ f7lv'wC} . ?" ~~ ~ r ~I ~r~ J ~pc: G C_.i~~r~.;,~ L~ (~a2~... f "..W ~i. ~4Q.. ~ 1. f 4 ~~..~.~~~~ ~ ~~~ 1 ,, ~ ~ ~ ~ ~~~~j~~~ Attention: City of Delray Heach PETITION ~e wort ~il~age at Defray for Approval by the City off' Delray Roach I am signing this petition in support o.f the 142 units of affordable rental housing in the SW Area of Delray Beach. 1fl0°lo of the units will be available to households that earn 60°lo ar below of the Area Median Incauie. This development is being funded. with $27 million in stimulus dollars. ''UVe need jogs and affordable housing. We ask the Delray Beach City Commission to approve this beautiful new development in our community, print Name ignature _ Address ~t! I. ~ ~~1 ~4v1. lu ~- ~~b~j~c~' 4~1U b e1r`a~ p~.eac~~t~t.. 3~~{~{5 1 ~~~ . ~~:/o~Z~~ ~+f r l~`~v 's ~i ~r~ ~, ~+~ F 1 dcrt9 f~ ~~r I ~ 3 ~"~'if.~. ~. ~. Jr. lT t'^~~ ~`J ~ t k.t_rr f~. 7. s. ~. ~~ III~F N~ ,~~~ ~ C'.trr,~,Q. ~y~''~° ~1 3 30 7 6 t~~i~.- ~r~~~~ -'c~,~-~' w~~~ ~ ,~ ~ ~ ~t~3 ~~. Attention Gity of Delray Beach PETITIt)N ~e Su~~or~ Tillage at Delray for Approval by the pity of Delray Beach l am signing this petition in support of the 192 units of affordable rental housing in fihe ' SW Area of Delray Reach, 14~D% of the u~uts will be available to households that earn 6U°,/o or below of the Area Median Income. This development is being funded with $27 rniltion in stimulus dollars. We need jobs and affordable housing. We ask tl~e Delray Beach City C€~minission to approve this beautiful new development in our community. Print Name Signature _...-~-----, Address 1 ~ ~. ~. ~. ~. ~"}. ~. - ~. ~. 10. 10/05/2009 10:54 954254122 DARN PLUMBIhtG PAGE 01102 ,t~ttentic~a: City of Dett~ay ~eaeh. P~TI'T~'~ON ~~~ ~ -saa~ Vi~;Lag~ at ~~lray fox .A~prt~val by t~xe ~.i~ of ~e~ra~ ~3each 1 am signing tkzis petition in support of the 1~2 uni.ka ax afi'ordable zentai hauling In the SW Area of Delray Heach. 1.~0~/a of tttc units will be available to houschalcts that tern Gt?°lo or below of tla~ Area Median I~tcaiue, This develapznent is being futzded with X27 enillinn fn stimulus dollars. We n,::cd jobs and a#~'azdable, housing, We aslc the Delray Beach City Caznrnission tq ap~rovc; tl~i,s beautiful new development in, our cgtxtmunity, Print Name z, ~, ~. s. 6. 7~ s. ~. Ad ress ~~--++ rrr~r~t~.rFG 333 Ac.t.~ tJ ~ ~C. sir ~-~~~='.~'` ~l3~~ UE t~~~s1~ ~+~AKt.~1~ PK ~ ~ ~s ~ ~~~~ ~~ 1~.. "~!~.~s~~ L~. ~ ~~ ~L 33a.2~ ~~ ~ ~:.33~~~ {~1 ~.~ v~S , Ne~~x"-rte' hr c~ j - ~~~ 1C~1 ~° 33'~~~` ~.a. Dct 05 ZOO;J i£~. i3FiM HP LFISER36T FF1}S Elttaniinn: (''.iiy n81'7rtrit,yr H-arh ~' TITS e hurt ~J"i~lage ~.t Delray fc~r .Approval b~ the City of L~e.~a~ Beach I ..ata oi~gaaiug Hilo pccltlvit iit tlc~ppttrz Oz Lt18 L`~;t i3Tt1tS p't gixOPdable ~Iltal 110LtSiAQ tIi the ~W Area of I)elra~y Beach. 1t~0°Jo of the uni#s will be awailabla to households that elm 60°fo of below o$ the Area Median Incame. 'T'his davolapmeut is being funded wl#lt ~~7 ttiillion i~ stirnulue dollars. We necrl jnha sinrl stffordable hcaaaia~~ ~s ook tho Dols~aX 9each City Commission zo approve this beautiful new development !n our corxtrnuni#y. ~riat Name S' re Addreas - - _. ~ . ~L'~V, L.,...o£:.a :~ 9J ~L ~e~.~.t-'~-~~ a r~ ~ ~e~ ~ rr ~ ~..~t~ ~~- C~... 3. ~f. 5. ~, 7. R 9. -. 10. `~_~_ . p.2 ~ ~~ , ~'~f ~~, ~~ c~ucJ~ ~ ~"Cr'r j Attention: City of Delray Beach PETITION We Support 'Village at Delray for .Approval by the pity of II~e1~ay beach l atu signing this petition in support of the 192 snits of affordable rental housing in the SVV Area of Delray Beach.. 1tiQ% of the units wiil tie available to households that eam 6Q% or below of the Area Median lucome. This development is being funded with $2'1 million in stimulus dollars. We need jobs and affordable housing. We asl~ the Delray Beach City Commission to approve this beautiful new development in our community. Print Name Signature t' ~_ ~(~ Addres4 1. ~~~GR~c.K ~ ~al~,nc~~ ~~,~ ~ t~~s'~--. z. ~. ~. ~. ~, ~. 8. 9. l0. 10!0512009 89:30 5616821332 WIGINTDN FIRE SYSTEM PAGE 02f03 Attention: City of`l~e~Cay 8eacb P~'~"I~TIt,~i'~t We 5~.~;~c~rt Vii~age at Delray for .~,.p~re~~1. by tie C:it~ ~f Defray Beach i am signing this petitaQa in support of the i92 units of affordable rental housfztg in the SW Area of pelray Beach, It~O% cif the units will be avaiiable to households that earn f{3% or below of the Azea Median lucot~c. This developxner~t is beia~ funded with $27 Million in stimulus dollars. We need jobs and af~`ordal?le housing. We ask the T.~elray Beach City Coxomissioa to approve this beautiful new development iti ©tit~ community. Pris~.t Name Sigriaiv Address 1. _ r" 1"'" ~"c_t~.._~~'t.._33U~$ 2. t,.-tea. 3. „ LYt,ri,` ~. ~~: s. !~~ ~. ~. ~_-'~ s. y. ~0. 1~ P~ ti 3S'tx~ ~.~ ~2 3~~ ~~ rz . 1 ~ ti 3,~ ~. .- ~ ~~ .. ,... a i i'E'ii~~ gat ','.....; ~ _ .. .. _ 10f 05!2009 09: 30 5616821332 WIGI~ITCIN FIRE SYSTEM PAGE 03!03 Attention: City of Delray Beach PETI"CION ~Ve 5~.~~~t ~~~l.age at ~elra~ for A~prava~ by ~~.~ Czty cif D-e~ray Bead. 1 am sxgnir~g this petition in support of the 192 units of affr}rdable ret3tal housing lnt the SW Area of Delray Beach. I(30~fo of the units will be available to households that esrzj_ fQ°lo ox betvvr of the Azee :IViedxart Ittcazne. This development is being handed wiilt $27 tnaiuon to same{us ac~uars, t+~e rzcett ,loos ana a~oraavte arouszng. we es~c tn,e ~ac~ray Beach City Corrunission to approve this beautiful new development in our community. Paint Namc a e Address 1. ~ a ~^.v~ l~,i+LC..t"ti.S I t'I ""~ [-#~ ~ f~ ~# L jC'.~ x. ' ~. -~-I~"~~ C s. U~.11~ ~ YG(1~~?7(J ~. ~IQ., 4u ~.~ ~I v~4-~ra2 9. ~/~~S v ~~ ~ ~~~ ~~3~y~ ~~~~~ ~~ G~r~rS~ ~r' ~~~~' ~~~ .G~f~~ ~~s ~~ ~c. ~ ~~~ -~-- ~~~ ~~ ~~,~~~ ~ ~~ ~yv~ __~~ /d16 ~Y.r~Wrtc' ~~'`" F~t~t Attention: City of Delray H each PETITiUN e Su..p Village at Delray for Approval by the City of Delray Beach I am signing this petition in support of the l92 units of affordable re«ial housing in the SW Area of I}elray Beach. I{lQ°/n of the units will be available to households that earn 6©% or below of the Area Median Iueonze. This development is being funded with $27 million in stimulus dollars. We need ,jobs and affordable housing. We astc the Delray Beach City Commission to approve this beautiful new development ir3 our community. Address ~ ~.~t".~ ~. ~. s. ~. Io. Print Name Siginature Attention: City of Delray Beach PETLTLC}M ~VVe ~up~ village at Delra~r for Approval by tJ~e Ci.t~ of Delray beach I am signing this petition in support of the 192 units of affordable rental housing in the SW Area of Delray Beach. 1130°l° of the units will be available to households that earn 60°l0 or below of the Area Median Iucou~e. 'T'his development is being funded with $27 million in stimulus dollars. We need jobs and affordable housing, We ask the Delray Beach City Commission to approve this beautiful new development in our community. Print Name Signature I. Address ~~ cue. ~n- ~v4--r~ -.! . ~. ~ J ~} ~+ 12.5 ~~' ~~' ~~` ~ z s~ r`~~ 5r~- SF . Q~ c.a ~A~pt~1, ~~ '~~~ ~ (~ ~. ~. ~ ~ ~}~. ~l ~,~1t~ ~. {. 7. ~. ~. lfl. Attention. City of Delray Beach PETITIUN We ~ Village at :Delray for Approval by the pity of Delray Beach I am signing this petition in support of the 192 units of affordable rental housing in the SW Area of Delray Beach. 100°l0 of the units will be available to households that earn 60°la ar belciw of the Area Median Income, This development is being funded wzth $2'7 million ~in stimulus tlollars.'We need jabs and affordable housing. We ask the Delray f Beach City Corrunission to approve this beautiful new development in our community. ~ x~i~ 1. 2. .,~:. 3. ~.. Print Name ~, ~. ~. ~~r °o.. `~ ~,„ b(JIYy~ t Address ~. r~~ 1~~"~1Z ~ -Ch- °.~D~ . ~~r~ I I r~ ~-,. 1~~~ ~~ ~~~I~ ~1Y~ kf3~ ~' ~.~ `'~L ~~ ,~~s~-'fC1C ~ - ~.. ~~'~ ~v~, fir, I_ ~-~ ~~°~~~ ~~ ~L "~~ ~ ,~y Attention: City of Delray Beach PETITION VUe Su~~art Village at Delray far Appraval by the pity of Delray Beach I am signing this petition in support of the 192 units of affordable rental housing in the SW Area of Delray Beach. 100°l0 of the units will be available to households that earn b0°fo or below of the Area Median Income. This development is being fiunded with $27 million in stimulus dollars. We need jobs and affordable housing. We ask the Delray Beach City Commission to approve this beautiful new development in our community. Print Name Signature Address 1. t -s'1 ~.t.7`._l.~~Q..+V1C°~C?~'~Q ~~ ~ M,.k~t IVtC1 Vf'S.[ d ~~ .~y ~-`{~...__ 2. ~. ~. 5. b. '7. s. 9. 10. ~~ f~ ~ ~11Un iii . n ., In ~" ~ C`s ~v. S 6~. ~~~~ ~ .~1 ~"I ~_ ~~~~ lye=-~, ~~~ ~~ ~~, V " I Pa ~~~~-2to`~7 Attention: City of Delray Beach PETITIC3I~T ~Ue ~,~ Village at Delray for Approval by ~~e ~Ity of Delray Beach. I am signing this petition in support of the 192 units of affordable rental housing in the SW Area of Delray Beach. 100°l0 of the units will be available to households that earn 60°10 or below of the Area Median Income. This development is being funded with $27 million in stimulus dollars. We need jobs and affordable housing. We ask the Delray Beach City Commission to approve this beautiful new development in our community. ~~ ~~~ ~ I~~~~~ __ I~I~ Y, S5~`~ ~(l C~" ~ r s I 7. 8, 9. 10. Attention: City of Delray Beach PETITION We Su~.~~orti Village at Delray for Approval by the City of Delray Beach I am signing this petition in support of the 192 units of affordable rental housing in the SW Area of Delray Beach. lOfl°/a of the units will be available to households that earn b0°lo or below of the Area Median Income. This development is being funded with $27 million in stimulus dollars. We need jobs and affordable housing. We ask the Delray Beach City Commission to approve this beautiful new development in our community, Print Name 1. ~ 2. ,~~.. 3. ~ ~. ~-~ s. ~ 7. ~ t ~~~~~ Address ~.~~j~~ ~~ "~q z.o~~t.j~C~ECract~ ~~~.¢R~f l3•~ C X, tL ~~~ 9. Signature 10. Attention: City of Delray Beach PETITIC3I~T ~Ue ~,~ Village at Delray for Approval by ~~e ~Ity of Delray Beach. I am signing this petition in support of the 192 units of affordable rental housing in the SW Area of Delray Beach. 100°l0 of the units will be available to households that earn 60°10 or below of the Area Median Income. This development is being funded with $27 million in stimulus dollars. We need jobs and affordable housing. We ask the Delray Beach City Commission to approve this beautiful new development in our community. ~~ ~~~ ~ I~~~~~ __ I~I~ Y, S5~`~ ~(l C~" ~ r s I 7. 8, 9. 10. Attention: City of Delray Beach PETITION We Su~.~~orti Village at Delray for Approval by the City of Delray Beach I am signing this petition in support of the 192 units of affordable rental housing in the SW Area of Delray Beach. lOfl°/a of the units will be available to households that earn b0°lo or below of the Area Median Income. This development is being funded with $27 million in stimulus dollars. We need jobs and affordable housing. We ask the Delray Beach City Commission to approve this beautiful new development in our community, Print Name 1. ~ 2. ,~~.. 3. ~ ~. ~-~ s. ~ 7. ~ t ~~~~~ Address ~.~~j~~ ~~ "~q z.o~~t.j~C~ECract~ ~~~.¢R~f l3•~ C X, tL ~~~ 9. Signature 10. Attention: City of Delray Beach I'~T'ITIiC~~ ~~ ~ V~11a~e at Delray nor ~.pproval by the ~i~y ~f Delray Beach I asn signing this petition in support of the 1 ~2 units of affordable rental housing in the S`~~ Area of Delray Beach. 1 Ot?°Ifl of t'~e units will be available to households that ea--zz 60°lfl or below of the Area Median Income. This development is being fu-~ded with X27 million in stimulus dollars. We need jobs and affordable housing. We ask the Delray Beach City Comn7ission to approve this beautiful new development ~-~ our comrnurazty. Print Marne Sign~.tt.~-e Address Attention: City of Delray Beach ~ ~~ / P~TITI4N L~ ~I ~~ ~~`7 ~~ ~~ ~e ~u~~tt ~zll~ge ~t Delray zor Approval by the City ~~T~el~-ay Beach I am signing this petition in support of the 192 units of affordable rental housin¢ in the SW Area of Delray Beach. 10~% of the Ilp7ts will be available to households that earn 60°l0 or below of the Area Z~~edian Income. This development is being fu~-~ded with $27 million in stimulus dollars. We need jobs and affordable housing. We ask the Delray Beach City Coissian to approve this beautiful new development in our community. 2. ~. 4 S. ~. 7. ~. 9. 1 ~}. Pz'izat Name 5igxzature Address Attention: City of Delray Beach PlFTI~'I'~(?l~ ~Ve Su~~ort ~i11ae at Delray ft~r Approval by the ~xty of Delray beach I am signing thzs petition in support of the 192 units of affordable rental housing in the S W Area of Delray Beach. 1 QO%o of the units will be available to households that earn 60% or below of the Area Median Income. This development is being funded with $2? million in stimulus dollars. We need jobs and affordable housing, We ask the Delray Beach Cit~T Commission to approve this beautifizl new development in our community. Print Name Signature Address 1. 2. ~, a ~. 6. 7. 8. 9. 10. Attention: City of Delray Beach ~~e ~. fort V~.llage apt Delray for Approval by ~he~~ity of Delray Beach I am signing this petition in support of the 192 units of affordable rental housing in the SW Area of Delray Beach. 100°l0 of the~'units will be available to households that earn 60°l0 or below of the Area Median Income. This development is being funded with $27 million in stimulus dollars. We need jobs and affordable housing, We ask the Delray Beach City Commission to approve this~beautiful new development in our community, Print Name Signature Address r- ~ . ~~~~~~~~ ~~~~~~~~ ~ ~ S ~- ~G~ z~ ~. ~"~ f~ ~~ 7. 8. 9. 10. Attention. City of Delray Beach I~~TIT30N ~e orb ~lllage at Delray ~~r ~.~pr~val by the ~zty of Delray beach I azn signing this petition in support of the 192 units of affordable rental housing in the S«~ Area of Delray Beach. 1C}0% of the units will be available to households that earn 6{}% or below of the Area ltiZedian Income. This development is being funded with $2"1 million in stimulus dollars. V~Te need jobs and affordable housing. We asl~ the Delray Beach City Comu~.ission to at~prove this beautiful new development in our community. 1. 2. -, a. ~. 5. 6. i. ~. 9. 10. (~ Print Dame Signature Address Attention: Czty of Delray Beach P~'rITION eve ~u~rt village at Delray zor .Approval by the pity of Delray beach I azn sigrring this petition in support of the 192 units of a~'ordable rental housing in the StN Area of Delray Beach. 1 OC}°l° of the units wi11 be available to households that earn 60°l0 or below of the Area Median 1nGOme. This development is being funded ~xTith X27 million in stimulus dollars. ~Ve need jobs and affordable housing. We aslc the Delray Beach City Commission to approve this beautifu~ new development in our community. 2. -, 4. 5. 6. 7. 8. 9. 1 ~?. ~~ ~~ print Name Si~-nature Address .~, " Attention; City of Delray Beach P~TIT~t)1'~ ~e ort V~~l~.ge ~t ~e~ray ~`or ~.p~arov~l by the pity o~L~elr~.y ~e~ch I am signing this petition in support of the 192 units of affordable rental housing in the SW Area of Deli ay Beach. 100% of the units will be available to households that earn 60% or below of the Area Median Income. This development is being funded with $27 million in stimulus dollars. We need jobs and affordable housing. We ask the Delray Beach City Cozrmission to appro~Te this beautiful new development in our communif~~. 2. -, ~. 5. 6. 2. ~. 9. 10. Print IvYame signature Address Attention: City of Delray Beach P~~r~rrc~1~ ~e ~u~~ort ~i~la~e ~~ Delray nor .1~.p~ra~a1 by ~~.e ~~.~y ~f T.~elr~.y ~e~.ch I am si~nin~ this petition in support of the 192 units of affordable rental housing in the SW A~=ea of Delray Beach. 1 ~0°fo of the units will be available to households that earn d0°f° or below of the Area Median Income. This development is being funded with $27 rnillian in stimulus dollars. We need jobs anal affordable housing, We ask the Delray Beach City Cornmissian to approve this beautiful near development in our community. Print Name Signature Addr-ess 1. ~~ rt t'rr P~l I"Ct ~~{~t` t~/,c7 ~l2- Y-~Yr/?f.P,t` ~t'~r ~G~`~`fi ~- <~rv- t ~ / ~~.~~. ~ tnD 'S F G~~~1 RIS ~. / , Attention: City of Delray Beach P~TIT~C31~I eve S~~or~ pillage a Delray for Approval by the City of Delray ~3each I am signing this petition in support of the 192 units of affordable rental housing in the SW .Area of Delray Beach. lOC}% of the units will be available to households that earn 60°l0 or below of the Area Median Income. This development is being funded with $27 million in stimulus dollars, We need jobs and affordable housing. We ask the Delray Beach City Commission to approve this beautiful new develaprnent in our community. :~ _ J ~~~ P~-f . Q Attention; City of Delray Beach PETITIQIY ~Ve Su~~or~ Village at T)elray ~'or Apprc~Val by the City of Delray Beach I azn sigrdng this petition in support of the 19~ units of affordable rental housing in the ~ Area of Delray Beach. l {}0% of the units wi11 be available to households that earn b0% or below of the Area Median Income. This development is being funded with $2~ xrzillion in sti~rzulus dollars. ~'e need jobs and affordable housing. We ash the Delray Beach City Commission to approve this beautiful new development in our community. 2. 3, 4 5, 6. ~. 8. 9. 10. .~~ ~ Print 1'~Tarr~P ~ianat7~re Ari~refi.~ Attention: City of Delray Beach ~- P'~7CIT'~C~li~ e ~~~ ~il~a~;e ~t ~e~ray for Ap~raval b~ the ~i~y of~elr~.~ ~3each I am signing tr~is petition in support of tie 1 ~2 units of affordable rental pausing i_n the SW Area of Delray Beach. 100°l° of tpe units uTill be available to pousepalds fiat earn ~0°l° ar belaur of the Area I~~ledian lncame. 'Z~is de~relapment is being fiznded witp X27 million i.n stimulus dollars. ~fe need jabs and ai~ardable housing. Vure ask the Delray Beach Cit~T Cammissian to appro~Te this beautii~l new development i~ our cornrn~nunity. Print Na-ne Si~nat~tzre Address 2. ~~ ~~ r~- ~~~~~ ~Z~~_~ ~~~ 10. Attention: City of Delray Beach PETITION '~~e Su~-,~ort Village at Delray far .A~proval by the pity of Delray Beach I am signing this petition in support of the 19 units of affordable rental housing in the SW Area of Delray Beach. 100% of the units will be available to households that cam 60°fa or below of the Area Median Income. This development is being funded with $27 million in stimulus dollars. Vde need jobs and affordable housing. We ask the Delray Beach City Commission to approve this beautifizl new development in our community. 1. ~, 3. 4. 5. 6. 7. 8. ~. Z0, c~ Print Name Signature Address Attention: City of Delray Beach ~~ S ~ Vi~1~.g~ ~~ ~~lray ~'~r approval by ~h~ pity off' ~elr~.y ~e~.ch I am si~nin~ this petition in support of the 192 urdts of affordable rental housing in the SW Area of. Delray Beacil. 100% of the units gill be avazlable to households that earn 60°l0 or below of the Area I\~edian Income. This development is being funded with $2'7 million in stimulus dollars. We need jobs and affordable housing. We ask the Delray Beach City Coi~nission to approve this beautiful new development in our communit~r. Print Iv ame Signature Address 2. ~. 4 5 b. 7. S. 9. 1.0. .~1 Attention: City of Delray Beach PETITION ~GVe 5u~ village at Delray for Approval by the pity of Delray- Beach I am signing this petition in support of the 192 units of affordable rental housing in the SW Area of Delray Beaeh. 100°1° of the units will be available to households that earn 60% or below of the Area Median Zncome. This development is being handed with $27 million in stimulus dollars. We need jobs and affordable housing. We ask the Delray Beaeh City Commission to approve this beautiful new development in our community. Print i'~lame Signature Address 1. 2. ~. 4 5. 6. 7. 8. 9. 10. Attention: City of Delray Beach PETITT4N We_upport Village at L}elray far Approval by the City of Delray Beach 1 am signing this petition in support of the 192 units of affordable rental housing in the SW Area of Delray Beach. 1tlQ°fo of the units will be available to households that earn 60% or below of the Area Median Income. This development is being funded with $27 million in stimulus dollars. We need jobs and affordable housing. We ask the Delray Beach City Commission to approve this beautiful new development in our community. 1. 1. 2. 3. 4. 5. 6. 7. $. 9. 10. Print Name ~'`~ Signature Address ~~- ~~ { ~, y ~,r ~~ ~~ ~ t'~q I l ~~ ~~~ r . Attention: City of Delray Beach PETITION We Su~~ Village at Delray for Approval by the pity of Delray Beach I am signing this petition in support of the 1 ~2 units of affordable rental housing in the SW Area of Delray Beach. 100°l0 of the units will be available to households that earn b0°lo or below of the Area Median Income. This development is being funded with $27 million in stimulus dollars. We need jobs and affordable housing. We ask the Delray Beach City Commission to approve this beautiful new development in our community. Print Name 2. 3. 4. 5. b. 7. $. 9. 10. Signature Address '1]~~~ Attention: City of I_}elray £3each PET~I`I.ON ~Ve Su~por~ Village at Delray far Approval by the pity of Delray Beach I am signing this petition in support of the 19~ units of affordable rental housing in the 54V Area of Delray Beach. 1{10°l0 of the units will be available to households that earn 60% or below of the Area lwtedian Income. 'T`his development is being funded with $27 million in stimulus dollars, We need jobs and affordable housing, We ask the Delray $each City Commission to approve this beautiful new developznen# in our community. Prin# Name 1. ~r~t 6. ~~ ~~° ~~ Signature Address ',;,,,~ .v. rf, acs /1r..~ , 6(,c7 wwtl ~~q~ f7lv'wC} . ?" ~~ ~ r ~I ~r~ J ~pc: G C_.i~~r~.;,~ L~ (~a2~... f "..W ~i. ~4Q.. ~ 1. f 4 ~~..~.~~~~ ~ ~~~ 1 ,, ~ ~ ~ ~ ~~~~j~~~ Attention: City of Delray Heach PETITION ~e wort ~il~age at Defray for Approval by the City off' Delray Roach I am signing this petition in support o.f the 142 units of affordable rental housing in the SW Area of Delray Beach. 1fl0°lo of the units will be available to households that earn 60°lo ar below of the Area Median Incauie. This development is being funded. with $27 million in stimulus dollars. ''UVe need jogs and affordable housing. We ask the Delray Beach City Commission to approve this beautiful new development in our community, print Name ignature _ Address ~t! I. ~ ~~1 ~4v1. lu ~- ~~b~j~c~' 4~1U b e1r`a~ p~.eac~~t~t.. 3~~{~{5 1 ~~~ . ~~:/o~Z~~ ~+f r l~`~v 's ~i ~r~ ~, ~+~ F 1 dcrt9 f~ ~~r I ~ 3 ~"~'if.~. ~. ~. Jr. lT t'^~~ ~`J ~ t k.t_rr f~. 7. s. ~. ~~ III~F N~ ,~~~ ~ C'.trr,~,Q. ~y~''~° ~1 3 30 7 6 t~~i~.- ~r~~~~ -'c~,~-~' w~~~ ~ ,~ ~ ~ ~t~3 ~~. Attention Gity of Delray Beach PETITIt)N ~e Su~~or~ Tillage at Delray for Approval by the pity of Delray Beach l am signing this petition in support of the 192 units of affordable rental housing in fihe ' SW Area of Delray Reach, 14~D% of the u~uts will be available to households that earn 6U°,/o or below of the Area Median Income. This development is being funded with $27 rniltion in stimulus dollars. We need jobs and affordable housing. We ask tl~e Delray Beach City C€~minission to approve this beautiful new development in our community. Print Name Signature _...-~-----, Address 1 ~ ~. ~. ~. ~. ~"}. ~. - ~. ~. 10. 10/05/2009 10:54 954254122 DARN PLUMBIhtG PAGE 01102 ,t~ttentic~a: City of Dett~ay ~eaeh. P~TI'T~'~ON ~~~ ~ -saa~ Vi~;Lag~ at ~~lray fox .A~prt~val by t~xe ~.i~ of ~e~ra~ ~3each 1 am signing tkzis petition in support of the 1~2 uni.ka ax afi'ordable zentai hauling In the SW Area of Delray Heach. 1.~0~/a of tttc units will be available to houschalcts that tern Gt?°lo or below of tla~ Area Median I~tcaiue, This develapznent is being futzded with X27 enillinn fn stimulus dollars. We n,::cd jobs and a#~'azdable, housing, We aslc the Delray Beach City Caznrnission tq ap~rovc; tl~i,s beautiful new development in, our cgtxtmunity, Print Name z, ~, ~. s. 6. 7~ s. ~. Ad ress ~~--++ rrr~r~t~.rFG 333 Ac.t.~ tJ ~ ~C. sir ~-~~~='.~'` ~l3~~ UE t~~~s1~ ~+~AKt.~1~ PK ~ ~ ~s ~ ~~~~ ~~ 1~.. "~!~.~s~~ L~. ~ ~~ ~L 33a.2~ ~~ ~ ~:.33~~~ {~1 ~.~ v~S , Ne~~x"-rte' hr c~ j - ~~~ 1C~1 ~° 33'~~~` ~.a. Dct 05 ZOO;J i£~. i3FiM HP LFISER36T FF1}S Elttaniinn: (''.iiy n81'7rtrit,yr H-arh ~' TITS e hurt ~J"i~lage ~.t Delray fc~r .Approval b~ the City of L~e.~a~ Beach I ..ata oi~gaaiug Hilo pccltlvit iit tlc~ppttrz Oz Lt18 L`~;t i3Tt1tS p't gixOPdable ~Iltal 110LtSiAQ tIi the ~W Area of I)elra~y Beach. 1t~0°Jo of the uni#s will be awailabla to households that elm 60°fo of below o$ the Area Median Incame. 'T'his davolapmeut is being funded wl#lt ~~7 ttiillion i~ stirnulue dollars. We necrl jnha sinrl stffordable hcaaaia~~ ~s ook tho Dols~aX 9each City Commission zo approve this beautiful new development !n our corxtrnuni#y. ~riat Name S' re Addreas - - _. ~ . ~L'~V, L.,...o£:.a :~ 9J ~L ~e~.~.t-'~-~~ a r~ ~ ~e~ ~ rr ~ ~..~t~ ~~- C~... 3. ~f. 5. ~, 7. R 9. -. 10. `~_~_ . p.2 ~ ~~ , ~'~f ~~, ~~ c~ucJ~ ~ ~"Cr'r j Attention: City of Delray Beach PETITION We Support 'Village at Delray for .Approval by the pity of II~e1~ay beach l atu signing this petition in support of the 192 snits of affordable rental housing in the SVV Area of Delray Beach.. 1tiQ% of the units wiil tie available to households that eam 6Q% or below of the Area Median lucome. This development is being funded with $2'1 million in stimulus dollars. We need jobs and affordable housing. We asl~ the Delray Beach City Commission to approve this beautiful new development in our community. Print Name Signature t' ~_ ~(~ Addres4 1. ~~~GR~c.K ~ ~al~,nc~~ ~~,~ ~ t~~s'~--. z. ~. ~. ~. ~, ~. 8. 9. l0. 10!0512009 89:30 5616821332 WIGINTDN FIRE SYSTEM PAGE 02f03 Attention: City of`l~e~Cay 8eacb P~'~"I~TIt,~i'~t We 5~.~;~c~rt Vii~age at Delray for .~,.p~re~~1. by tie C:it~ ~f Defray Beach i am signing this petitaQa in support of the i92 units of affordable rental housfztg in the SW Area of pelray Beach, It~O% cif the units will be avaiiable to households that earn f{3% or below of the Azea Median lucot~c. This developxner~t is beia~ funded with $27 Million in stimulus dollars. We need jobs and af~`ordal?le housing. We ask the T.~elray Beach City Coxomissioa to approve this beautiful new development iti ©tit~ community. Pris~.t Name Sigriaiv Address 1. _ r" 1"'" ~"c_t~.._~~'t.._33U~$ 2. t,.-tea. 3. „ LYt,ri,` ~. ~~: s. !~~ ~. ~. ~_-'~ s. y. ~0. 1~ P~ ti 3S'tx~ ~.~ ~2 3~~ ~~ rz . 1 ~ ti 3,~ ~. .- ~ ~~ .. ,... a i i'E'ii~~ gat ','.....; ~ _ .. .. _ 10f 05!2009 09: 30 5616821332 WIGI~ITCIN FIRE SYSTEM PAGE 03!03 Attention: City of Delray Beach PETI"CION ~Ve 5~.~~~t ~~~l.age at ~elra~ for A~prava~ by ~~.~ Czty cif D-e~ray Bead. 1 am sxgnir~g this petition in support of the 192 units of affr}rdable ret3tal housing lnt the SW Area of Delray Beach. I(30~fo of the units will be available to households that esrzj_ fQ°lo ox betvvr of the Azee :IViedxart Ittcazne. This development is being handed wiilt $27 tnaiuon to same{us ac~uars, t+~e rzcett ,loos ana a~oraavte arouszng. we es~c tn,e ~ac~ray Beach City Corrunission to approve this beautiful new development in our community. Paint Namc a e Address 1. ~ a ~^.v~ l~,i+LC..t"ti.S I t'I ""~ [-#~ ~ f~ ~# L jC'.~ x. ' ~. -~-I~"~~ C s. U~.11~ ~ YG(1~~?7(J ~. ~IQ., 4u ~.~ ~I v~4-~ra2 9. ~/~~S v ~~ ~ ~~~ ~~3~y~ ~~~~~ ~~ G~r~rS~ ~r' ~~~~' ~~~ .G~f~~ ~~s ~~ ~c. ~ ~~~ -~-- ~~~ ~~ ~~,~~~ ~ ~~ ~yv~ __~~ /d16 ~Y.r~Wrtc' ~~'`" F~t~t Attention: City of Delray H each PETITiUN e Su..p Village at Delray for Approval by the City of Delray Beach I am signing this petition in support of the l92 units of affordable re«ial housing in the SW Area of I}elray Beach. I{lQ°/n of the units will be available to households that earn 6©% or below of the Area Median Iueonze. This development is being funded with $27 million in stimulus dollars. We need ,jobs and affordable housing. We astc the Delray Beach City Commission to approve this beautiful new development ir3 our community. Address ~ ~.~t".~ ~. ~. s. ~. Io. Print Name Siginature Attention: City of Delray Beach PETLTLC}M ~VVe ~up~ village at Delra~r for Approval by tJ~e Ci.t~ of Delray beach I am signing this petition in support of the 192 units of affordable rental housing in the SW Area of Delray Beach. 1130°l° of the units will be available to households that earn 60°l0 or below of the Area Median Iucou~e. 'T'his development is being funded with $27 million in stimulus dollars. We need jobs and affordable housing, We ask the Delray Beach City Commission to approve this beautiful new development in our community. Print Name Signature I. Address ~~ cue. ~n- ~v4--r~ -.! . ~. ~ J ~} ~+ 12.5 ~~' ~~' ~~` ~ z s~ r`~~ 5r~- SF . Q~ c.a ~A~pt~1, ~~ '~~~ ~ (~ ~. ~. ~ ~ ~}~. ~l ~,~1t~ ~. {. 7. ~. ~. lfl. Attention. City of Delray Beach PETITIUN We ~ Village at :Delray for Approval by the pity of Delray Beach I am signing this petition in support of the 192 units of affordable rental housing in the SW Area of Delray Beach. 100°l0 of the units will be available to households that earn 60°la ar belciw of the Area Median Income, This development is being funded wzth $2'7 million ~in stimulus tlollars.'We need jabs and affordable housing. We ask the Delray f Beach City Corrunission to approve this beautiful new development in our community. ~ x~i~ 1. 2. .,~:. 3. ~.. Print Name ~, ~. ~. ~~r °o.. `~ ~,„ b(JIYy~ t Address ~. r~~ 1~~"~1Z ~ -Ch- °.~D~ . ~~r~ I I r~ ~-,. 1~~~ ~~ ~~~I~ ~1Y~ kf3~ ~' ~.~ `'~L ~~ ,~~s~-'fC1C ~ - ~.. ~~'~ ~v~, fir, I_ ~-~ ~~°~~~ ~~ ~L "~~ ~ ,~y Attention: City of Delray Beach PETITION VUe Su~~art Village at Delray far Appraval by the pity of Delray Beach I am signing this petition in support of the 192 units of affordable rental housing in the SW Area of Delray Beach. 100°l0 of the units will be available to households that earn b0°fo or below of the Area Median Income. This development is being fiunded with $27 million in stimulus dollars. We need jobs and affordable housing. We ask the Delray Beach City Commission to approve this beautiful new development in our community. Print Name Signature Address 1. t -s'1 ~.t.7`._l.~~Q..+V1C°~C?~'~Q ~~ ~ M,.k~t IVtC1 Vf'S.[ d ~~ .~y ~-`{~...__ 2. ~. ~. 5. b. '7. s. 9. 10. ~~ f~ ~ ~11Un iii . n ., In ~" ~ C`s ~v. S 6~. ~~~~ ~ .~1 ~"I ~_ ~~~~ lye=-~, ~~~ ~~ ~~, V " I Pa ~~~~-2to`~7 Attention: City of Delray Beach PETITIC3I~T ~Ue ~,~ Village at Delray for Approval by ~~e ~Ity of Delray Beach. I am signing this petition in support of the 192 units of affordable rental housing in the SW Area of Delray Beach. 100°l0 of the units will be available to households that earn 60°10 or below of the Area Median Income. This development is being funded with $27 million in stimulus dollars. We need jobs and affordable housing. We ask the Delray Beach City Commission to approve this beautiful new development in our community. ~~ ~~~ ~ I~~~~~ __ I~I~ Y, S5~`~ ~(l C~" ~ r s I 7. 8, 9. 10. Attention: City of Delray Beach PETITION We Su~.~~orti Village at Delray for Approval by the City of Delray Beach I am signing this petition in support of the 192 units of affordable rental housing in the SW Area of Delray Beach. lOfl°/a of the units will be available to households that earn b0°lo or below of the Area Median Income. This development is being funded with $27 million in stimulus dollars. We need jobs and affordable housing. We ask the Delray Beach City Commission to approve this beautiful new development in our community, Print Name 1. ~ 2. ,~~.. 3. ~ ~. ~-~ s. ~ 7. ~ t ~~~~~ Address ~.~~j~~ ~~ "~q z.o~~t.j~C~ECract~ ~~~.¢R~f l3•~ C X, tL ~~~ 9. Signature 10. Attention: City of Delray Beach PETITIC3I~T ~Ue ~,~ Village at Delray for Approval by ~~e ~Ity of Delray Beach. I am signing this petition in support of the 192 units of affordable rental housing in the SW Area of Delray Beach. 100°l0 of the units will be available to households that earn 60°10 or below of the Area Median Income. This development is being funded with $27 million in stimulus dollars. We need jobs and affordable housing. We ask the Delray Beach City Commission to approve this beautiful new development in our community. ~~ ~~~ ~ I~~~~~ __ I~I~ Y, S5~`~ ~(l C~" ~ r s I 7. 8, 9. 10. Attention: City of Delray Beach PETITION We Su~.~~orti Village at Delray for Approval by the City of Delray Beach I am signing this petition in support of the 192 units of affordable rental housing in the SW Area of Delray Beach. lOfl°/a of the units will be available to households that earn b0°lo or below of the Area Median Income. This development is being funded with $27 million in stimulus dollars. We need jobs and affordable housing. We ask the Delray Beach City Commission to approve this beautiful new development in our community, Print Name 1. ~ 2. ,~~.. 3. ~ ~. ~-~ s. ~ 7. ~ t ~~~~~ Address ~.~~j~~ ~~ "~q z.o~~t.j~C~ECract~ ~~~.¢R~f l3•~ C X, tL ~~~ 9. Signature 10. Attention: City of Delray Beach P~TIT~C31~I eve S~~or~ pillage a Delray for Approval by the City of Delray ~3each I am signing this petition in support of the 192 units of affordable rental housing in the SW .Area of Delray Beach. lOC}% of the units will be available to households that earn 60°l0 or below of the Area Median Income. This development is being funded with $27 million in stimulus dollars, We need jobs and affordable housing. We ask the Delray Beach City Commission to approve this beautiful new develaprnent in our community. :~ _ J ~~~ P~-f . Q Attention; City of Delray Beach PETITIQIY ~Ve Su~~or~ Village at T)elray ~'or Apprc~Val by the City of Delray Beach I azn sigrdng this petition in support of the 19~ units of affordable rental housing in the ~ Area of Delray Beach. l {}0% of the units wi11 be available to households that earn b0% or below of the Area Median Income. This development is being funded with $2~ xrzillion in sti~rzulus dollars. ~'e need jobs and affordable housing. We ash the Delray Beach City Commission to approve this beautiful new development in our community. 2. 3, 4 5, 6. ~. 8. 9. 10. .~~ ~ Print 1'~Tarr~P ~ianat7~re Ari~refi.~ Attention: City of Delray Beach ~- P'~7CIT'~C~li~ e ~~~ ~il~a~;e ~t ~e~ray for Ap~raval b~ the ~i~y of~elr~.~ ~3each I am signing tr~is petition in support of tie 1 ~2 units of affordable rental pausing i_n the SW Area of Delray Beach. 100°l° of tpe units uTill be available to pousepalds fiat earn ~0°l° ar belaur of the Area I~~ledian lncame. 'Z~is de~relapment is being fiznded witp X27 million i.n stimulus dollars. ~fe need jabs and ai~ardable housing. Vure ask the Delray Beach Cit~T Cammissian to appro~Te this beautii~l new development i~ our cornrn~nunity. Print Na-ne Si~nat~tzre Address 2. ~~ ~~ r~- ~~~~~ ~Z~~_~ ~~~ 10. Attention: City of Delray Beach PETITION '~~e Su~-,~ort Village at Delray far .A~proval by the pity of Delray Beach I am signing this petition in support of the 19 units of affordable rental housing in the SW Area of Delray Beach. 100% of the units will be available to households that cam 60°fa or below of the Area Median Income. This development is being funded with $27 million in stimulus dollars. Vde need jobs and affordable housing. We ask the Delray Beach City Commission to approve this beautifizl new development in our community. 1. ~, 3. 4. 5. 6. 7. 8. ~. Z0, c~ Print Name Signature Address Attention: City of Delray Beach ~~ S ~ Vi~1~.g~ ~~ ~~lray ~'~r approval by ~h~ pity off' ~elr~.y ~e~.ch I am si~nin~ this petition in support of the 192 urdts of affordable rental housing in the SW Area of. Delray Beacil. 100% of the units gill be avazlable to households that earn 60°l0 or below of the Area I\~edian Income. This development is being funded with $2'7 million in stimulus dollars. We need jobs and affordable housing. We ask the Delray Beach City Coi~nission to approve this beautiful new development in our communit~r. Print Iv ame Signature Address 2. ~. 4 5 b. 7. S. 9. 1.0. .~1 Attention: City of Delray Beach PETITION ~GVe 5u~ village at Delray for Approval by the pity of Delray- Beach I am signing this petition in support of the 192 units of affordable rental housing in the SW Area of Delray Beaeh. 100°1° of the units will be available to households that earn 60% or below of the Area Median Zncome. This development is being handed with $27 million in stimulus dollars. We need jobs and affordable housing. We ask the Delray Beaeh City Commission to approve this beautiful new development in our community. Print i'~lame Signature Address 1. 2. ~. 4 5. 6. 7. 8. 9. 10. Attention: City of Delray Beach PETITT4N We_upport Village at L}elray far Approval by the City of Delray Beach 1 am signing this petition in support of the 192 units of affordable rental housing in the SW Area of Delray Beach. 1tlQ°fo of the units will be available to households that earn 60% or below of the Area Median Income. This development is being funded with $27 million in stimulus dollars. We need jobs and affordable housing. We ask the Delray Beach City Commission to approve this beautiful new development in our community. 1. 1. 2. 3. 4. 5. 6. 7. $. 9. 10. Print Name ~'`~ Signature Address ~~- ~~ { ~, y ~,r ~~ ~~ ~ t'~q I l ~~ ~~~ r . Attention: City of Delray Beach PETITION We Su~~ Village at Delray for Approval by the pity of Delray Beach I am signing this petition in support of the 1 ~2 units of affordable rental housing in the SW Area of Delray Beach. 100°l0 of the units will be available to households that earn b0°lo or below of the Area Median Income. This development is being funded with $27 million in stimulus dollars. We need jobs and affordable housing. We ask the Delray Beach City Commission to approve this beautiful new development in our community. Print Name 2. 3. 4. 5. b. 7. $. 9. 10. Signature Address '1]~~~ Attention: City of I_}elray £3each PET~I`I.ON ~Ve Su~por~ Village at Delray far Approval by the pity of Delray Beach I am signing this petition in support of the 19~ units of affordable rental housing in the 54V Area of Delray Beach. 1{10°l0 of the units will be available to households that earn 60% or below of the Area lwtedian Income. 'T`his development is being funded with $27 million in stimulus dollars, We need jobs and affordable housing, We ask the Delray $each City Commission to approve this beautiful new developznen# in our community. Prin# Name 1. ~r~t 6. ~~ ~~° ~~ Signature Address ',;,,,~ .v. rf, acs /1r..~ , 6(,c7 wwtl ~~q~ f7lv'wC} . ?" ~~ ~ r ~I ~r~ J ~pc: G C_.i~~r~.;,~ L~ (~a2~... f "..W ~i. ~4Q.. ~ 1. f 4 ~~..~.~~~~ ~ ~~~ 1 ,, ~ ~ ~ ~ ~~~~j~~~ Attention: City of Delray Heach PETITION ~e wort ~il~age at Defray for Approval by the City off' Delray Roach I am signing this petition in support o.f the 142 units of affordable rental housing in the SW Area of Delray Beach. 1fl0°lo of the units will be available to households that earn 60°lo ar below of the Area Median Incauie. This development is being funded. with $27 million in stimulus dollars. ''UVe need jogs and affordable housing. We ask the Delray Beach City Commission to approve this beautiful new development in our community, print Name ignature _ Address ~t! I. ~ ~~1 ~4v1. lu ~- ~~b~j~c~' 4~1U b e1r`a~ p~.eac~~t~t.. 3~~{~{5 1 ~~~ . ~~:/o~Z~~ ~+f r l~`~v 's ~i ~r~ ~, ~+~ F 1 dcrt9 f~ ~~r I ~ 3 ~"~'if.~. ~. ~. Jr. lT t'^~~ ~`J ~ t k.t_rr f~. 7. s. ~. ~~ III~F N~ ,~~~ ~ C'.trr,~,Q. ~y~''~° ~1 3 30 7 6 t~~i~.- ~r~~~~ -'c~,~-~' w~~~ ~ ,~ ~ ~ ~t~3 ~~. Attention Gity of Delray Beach PETITIt)N ~e Su~~or~ Tillage at Delray for Approval by the pity of Delray Beach l am signing this petition in support of the 192 units of affordable rental housing in fihe ' SW Area of Delray Reach, 14~D% of the u~uts will be available to households that earn 6U°,/o or below of the Area Median Income. This development is being funded with $27 rniltion in stimulus dollars. We need jobs and affordable housing. We ask tl~e Delray Beach City C€~minission to approve this beautiful new development in our community. Print Name Signature _...-~-----, Address 1 ~ ~. ~. ~. ~. ~"}. ~. - ~. ~. 10. 10/05/2009 10:54 954254122 DARN PLUMBIhtG PAGE 01102 ,t~ttentic~a: City of Dett~ay ~eaeh. P~TI'T~'~ON ~~~ ~ -saa~ Vi~;Lag~ at ~~lray fox .A~prt~val by t~xe ~.i~ of ~e~ra~ ~3each 1 am signing tkzis petition in support of the 1~2 uni.ka ax afi'ordable zentai hauling In the SW Area of Delray Heach. 1.~0~/a of tttc units will be available to houschalcts that tern Gt?°lo or below of tla~ Area Median I~tcaiue, This develapznent is being futzded with X27 enillinn fn stimulus dollars. We n,::cd jobs and a#~'azdable, housing, We aslc the Delray Beach City Caznrnission tq ap~rovc; tl~i,s beautiful new development in, our cgtxtmunity, Print Name z, ~, ~. s. 6. 7~ s. ~. Ad ress ~~--++ rrr~r~t~.rFG 333 Ac.t.~ tJ ~ ~C. sir ~-~~~='.~'` ~l3~~ UE t~~~s1~ ~+~AKt.~1~ PK ~ ~ ~s ~ ~~~~ ~~ 1~.. "~!~.~s~~ L~. ~ ~~ ~L 33a.2~ ~~ ~ ~:.33~~~ {~1 ~.~ v~S , Ne~~x"-rte' hr c~ j - ~~~ 1C~1 ~° 33'~~~` ~.a. Dct 05 ZOO;J i£~. i3FiM HP LFISER36T FF1}S Elttaniinn: (''.iiy n81'7rtrit,yr H-arh ~' TITS e hurt ~J"i~lage ~.t Delray fc~r .Approval b~ the City of L~e.~a~ Beach I ..ata oi~gaaiug Hilo pccltlvit iit tlc~ppttrz Oz Lt18 L`~;t i3Tt1tS p't gixOPdable ~Iltal 110LtSiAQ tIi the ~W Area of I)elra~y Beach. 1t~0°Jo of the uni#s will be awailabla to households that elm 60°fo of below o$ the Area Median Incame. 'T'his davolapmeut is being funded wl#lt ~~7 ttiillion i~ stirnulue dollars. We necrl jnha sinrl stffordable hcaaaia~~ ~s ook tho Dols~aX 9each City Commission zo approve this beautiful new development !n our corxtrnuni#y. ~riat Name S' re Addreas - - _. ~ . ~L'~V, L.,...o£:.a :~ 9J ~L ~e~.~.t-'~-~~ a r~ ~ ~e~ ~ rr ~ ~..~t~ ~~- C~... 3. ~f. 5. ~, 7. R 9. -. 10. `~_~_ . p.2 ~ ~~ , ~'~f ~~, ~~ c~ucJ~ ~ ~"Cr'r j Attention: City of Delray Beach PETITION We Support 'Village at Delray for .Approval by the pity of II~e1~ay beach l atu signing this petition in support of the 192 snits of affordable rental housing in the SVV Area of Delray Beach.. 1tiQ% of the units wiil tie available to households that eam 6Q% or below of the Area Median lucome. This development is being funded with $2'1 million in stimulus dollars. We need jobs and affordable housing. We asl~ the Delray Beach City Commission to approve this beautiful new development in our community. Print Name Signature t' ~_ ~(~ Addres4 1. ~~~GR~c.K ~ ~al~,nc~~ ~~,~ ~ t~~s'~--. z. ~. ~. ~. ~, ~. 8. 9. l0. 10!0512009 89:30 5616821332 WIGINTDN FIRE SYSTEM PAGE 02f03 Attention: City of`l~e~Cay 8eacb P~'~"I~TIt,~i'~t We 5~.~;~c~rt Vii~age at Delray for .~,.p~re~~1. by tie C:it~ ~f Defray Beach i am signing this petitaQa in support of the i92 units of affordable rental housfztg in the SW Area of pelray Beach, It~O% cif the units will be avaiiable to households that earn f{3% or below of the Azea Median lucot~c. This developxner~t is beia~ funded with $27 Million in stimulus dollars. We need jobs and af~`ordal?le housing. We ask the T.~elray Beach City Coxomissioa to approve this beautiful new development iti ©tit~ community. Pris~.t Name Sigriaiv Address 1. _ r" 1"'" ~"c_t~.._~~'t.._33U~$ 2. t,.-tea. 3. „ LYt,ri,` ~. ~~: s. !~~ ~. ~. ~_-'~ s. y. ~0. 1~ P~ ti 3S'tx~ ~.~ ~2 3~~ ~~ rz . 1 ~ ti 3,~ ~. .- ~ ~~ .. ,... a i i'E'ii~~ gat ','.....; ~ _ .. .. _ 10f 05!2009 09: 30 5616821332 WIGI~ITCIN FIRE SYSTEM PAGE 03!03 Attention: City of Delray Beach PETI"CION ~Ve 5~.~~~t ~~~l.age at ~elra~ for A~prava~ by ~~.~ Czty cif D-e~ray Bead. 1 am sxgnir~g this petition in support of the 192 units of affr}rdable ret3tal housing lnt the SW Area of Delray Beach. I(30~fo of the units will be available to households that esrzj_ fQ°lo ox betvvr of the Azee :IViedxart Ittcazne. This development is being handed wiilt $27 tnaiuon to same{us ac~uars, t+~e rzcett ,loos ana a~oraavte arouszng. we es~c tn,e ~ac~ray Beach City Corrunission to approve this beautiful new development in our community. Paint Namc a e Address 1. ~ a ~^.v~ l~,i+LC..t"ti.S I t'I ""~ [-#~ ~ f~ ~# L jC'.~ x. ' ~. -~-I~"~~ C s. U~.11~ ~ YG(1~~?7(J ~. ~IQ., 4u ~.~ ~I v~4-~ra2 9. ~/~~S v ~~ ~ ~~~ ~~3~y~ ~~~~~ ~~ G~r~rS~ ~r' ~~~~' ~~~ .G~f~~ ~~s ~~ ~c. ~ ~~~ -~-- ~~~ ~~ ~~,~~~ ~ ~~ ~yv~ __~~ /d16 ~Y.r~Wrtc' ~~'`" F~t~t Attention: City of Delray H each PETITiUN e Su..p Village at Delray for Approval by the City of Delray Beach I am signing this petition in support of the l92 units of affordable re«ial housing in the SW Area of I}elray Beach. I{lQ°/n of the units will be available to households that earn 6©% or below of the Area Median Iueonze. This development is being funded with $27 million in stimulus dollars. We need ,jobs and affordable housing. We astc the Delray Beach City Commission to approve this beautiful new development ir3 our community. Address ~ ~.~t".~ ~. ~. s. ~. Io. Print Name Siginature Attention: City of Delray Beach PETLTLC}M ~VVe ~up~ village at Delra~r for Approval by tJ~e Ci.t~ of Delray beach I am signing this petition in support of the 192 units of affordable rental housing in the SW Area of Delray Beach. 1130°l° of the units will be available to households that earn 60°l0 or below of the Area Median Iucou~e. 'T'his development is being funded with $27 million in stimulus dollars. We need jobs and affordable housing, We ask the Delray Beach City Commission to approve this beautiful new development in our community. Print Name Signature I. Address ~~ cue. ~n- ~v4--r~ -.! . ~. ~ J ~} ~+ 12.5 ~~' ~~' ~~` ~ z s~ r`~~ 5r~- SF . Q~ c.a ~A~pt~1, ~~ '~~~ ~ (~ ~. ~. ~ ~ ~}~. ~l ~,~1t~ ~. {. 7. ~. ~. lfl. Attention. City of Delray Beach PETITIUN We ~ Village at :Delray for Approval by the pity of Delray Beach I am signing this petition in support of the 192 units of affordable rental housing in the SW Area of Delray Beach. 100°l0 of the units will be available to households that earn 60°la ar belciw of the Area Median Income, This development is being funded wzth $2'7 million ~in stimulus tlollars.'We need jabs and affordable housing. We ask the Delray f Beach City Corrunission to approve this beautiful new development in our community. ~ x~i~ 1. 2. .,~:. 3. ~.. Print Name ~, ~. ~. ~~r °o.. `~ ~,„ b(JIYy~ t Address ~. r~~ 1~~"~1Z ~ -Ch- °.~D~ . ~~r~ I I r~ ~-,. 1~~~ ~~ ~~~I~ ~1Y~ kf3~ ~' ~.~ `'~L ~~ ,~~s~-'fC1C ~ - ~.. ~~'~ ~v~, fir, I_ ~-~ ~~°~~~ ~~ ~L "~~ ~ ,~y Attention: City of Delray Beach PETITION VUe Su~~art Village at Delray far Appraval by the pity of Delray Beach I am signing this petition in support of the 192 units of affordable rental housing in the SW Area of Delray Beach. 100°l0 of the units will be available to households that earn b0°fo or below of the Area Median Income. This development is being fiunded with $27 million in stimulus dollars. We need jobs and affordable housing. We ask the Delray Beach City Commission to approve this beautiful new development in our community. Print Name Signature Address 1. t -s'1 ~.t.7`._l.~~Q..+V1C°~C?~'~Q ~~ ~ M,.k~t IVtC1 Vf'S.[ d ~~ .~y ~-`{~...__ 2. ~. ~. 5. b. '7. s. 9. 10. ~~ f~ ~ ~11Un iii . n ., In ~" ~ C`s ~v. S 6~. ~~~~ ~ .~1 ~"I ~_ ~~~~ lye=-~, ~~~ ~~ ~~, V " I Pa ~~~~-2to`~7 Attention: City of Delray Beach PETITIC3I~T ~Ue ~,~ Village at Delray for Approval by ~~e ~Ity of Delray Beach. I am signing this petition in support of the 192 units of affordable rental housing in the SW Area of Delray Beach. 100°l0 of the units will be available to households that earn 60°10 or below of the Area Median Income. This development is being funded with $27 million in stimulus dollars. We need jobs and affordable housing. We ask the Delray Beach City Commission to approve this beautiful new development in our community. ~~ ~~~ ~ I~~~~~ __ I~I~ Y, S5~`~ ~(l C~" ~ r s I 7. 8, 9. 10. Attention: City of Delray Beach PETITION We Su~.~~orti Village at Delray for Approval by the City of Delray Beach I am signing this petition in support of the 192 units of affordable rental housing in the SW Area of Delray Beach. lOfl°/a of the units will be available to households that earn b0°lo or below of the Area Median Income. This development is being funded with $27 million in stimulus dollars. We need jobs and affordable housing. We ask the Delray Beach City Commission to approve this beautiful new development in our community, Print Name 1. ~ 2. ,~~.. 3. ~ ~. ~-~ s. ~ 7. ~ t ~~~~~ Address ~.~~j~~ ~~ "~q z.o~~t.j~C~ECract~ ~~~.¢R~f l3•~ C X, tL ~~~ 9. Signature 10. Attention: City of Delray Beach PETITIC3I~T ~Ue ~,~ Village at Delray for Approval by ~~e ~Ity of Delray Beach. I am signing this petition in support of the 192 units of affordable rental housing in the SW Area of Delray Beach. 100°l0 of the units will be available to households that earn 60°10 or below of the Area Median Income. This development is being funded with $27 million in stimulus dollars. We need jobs and affordable housing. We ask the Delray Beach City Commission to approve this beautiful new development in our community. ~~ ~~~ ~ I~~~~~ __ I~I~ Y, S5~`~ ~(l C~" ~ r s I 7. 8, 9. 10. Attention: City of Delray Beach PETITION We Su~.~~orti Village at Delray for Approval by the City of Delray Beach I am signing this petition in support of the 192 units of affordable rental housing in the SW Area of Delray Beach. lOfl°/a of the units will be available to households that earn b0°lo or below of the Area Median Income. This development is being funded with $27 million in stimulus dollars. We need jobs and affordable housing. We ask the Delray Beach City Commission to approve this beautiful new development in our community, Print Name 1. ~ 2. ,~~.. 3. ~ ~. ~-~ s. ~ 7. ~ t ~~~~~ Address ~.~~j~~ ~~ "~q z.o~~t.j~C~ECract~ ~~~.¢R~f l3•~ C X, tL ~~~ 9. Signature 10. Attention Gity of Delray Beach PETITIt)N ~e Su~~or~ Tillage at Delray for Approval by the pity of Delray Beach l am signing this petition in support of the 192 units of affordable rental housing in fihe ' SW Area of Delray Reach, 14~D% of the u~uts will be available to households that earn 6U°,/o or below of the Area Median Income. This development is being funded with $27 rniltion in stimulus dollars. We need jobs and affordable housing. We ask tl~e Delray Beach City C€~minission to approve this beautiful new development in our community. Print Name Signature _...-~-----, Address 1 ~ ~. ~. ~. ~. ~"}. ~. - ~. ~. 10. 10/05/2009 10:54 954254122 DARN PLUMBIhtG PAGE 01102 ,t~ttentic~a: City of Dett~ay ~eaeh. P~TI'T~'~ON ~~~ ~ -saa~ Vi~;Lag~ at ~~lray fox .A~prt~val by t~xe ~.i~ of ~e~ra~ ~3each 1 am signing tkzis petition in support of the 1~2 uni.ka ax afi'ordable zentai hauling In the SW Area of Delray Heach. 1.~0~/a of tttc units will be available to houschalcts that tern Gt?°lo or below of tla~ Area Median I~tcaiue, This develapznent is being futzded with X27 enillinn fn stimulus dollars. We n,::cd jobs and a#~'azdable, housing, We aslc the Delray Beach City Caznrnission tq ap~rovc; tl~i,s beautiful new development in, our cgtxtmunity, Print Name z, ~, ~. s. 6. 7~ s. ~. Ad ress ~~--++ rrr~r~t~.rFG 333 Ac.t.~ tJ ~ ~C. sir ~-~~~='.~'` ~l3~~ UE t~~~s1~ ~+~AKt.~1~ PK ~ ~ ~s ~ ~~~~ ~~ 1~.. "~!~.~s~~ L~. ~ ~~ ~L 33a.2~ ~~ ~ ~:.33~~~ {~1 ~.~ v~S , Ne~~x"-rte' hr c~ j - ~~~ 1C~1 ~° 33'~~~` ~.a. Dct 05 ZOO;J i£~. i3FiM HP LFISER36T FF1}S Elttaniinn: (''.iiy n81'7rtrit,yr H-arh ~' TITS e hurt ~J"i~lage ~.t Delray fc~r .Approval b~ the City of L~e.~a~ Beach I ..ata oi~gaaiug Hilo pccltlvit iit tlc~ppttrz Oz Lt18 L`~;t i3Tt1tS p't gixOPdable ~Iltal 110LtSiAQ tIi the ~W Area of I)elra~y Beach. 1t~0°Jo of the uni#s will be awailabla to households that elm 60°fo of below o$ the Area Median Incame. 'T'his davolapmeut is being funded wl#lt ~~7 ttiillion i~ stirnulue dollars. We necrl jnha sinrl stffordable hcaaaia~~ ~s ook tho Dols~aX 9each City Commission zo approve this beautiful new development !n our corxtrnuni#y. ~riat Name S' re Addreas - - _. ~ . ~L'~V, L.,...o£:.a :~ 9J ~L ~e~.~.t-'~-~~ a r~ ~ ~e~ ~ rr ~ ~..~t~ ~~- C~... 3. ~f. 5. ~, 7. R 9. -. 10. `~_~_ . p.2 ~ ~~ , ~'~f ~~, ~~ c~ucJ~ ~ ~"Cr'r j Attention: City of Delray Beach PETITION We Support 'Village at Delray for .Approval by the pity of II~e1~ay beach l atu signing this petition in support of the 192 snits of affordable rental housing in the SVV Area of Delray Beach.. 1tiQ% of the units wiil tie available to households that eam 6Q% or below of the Area Median lucome. This development is being funded with $2'1 million in stimulus dollars. We need jobs and affordable housing. We asl~ the Delray Beach City Commission to approve this beautiful new development in our community. Print Name Signature t' ~_ ~(~ Addres4 1. ~~~GR~c.K ~ ~al~,nc~~ ~~,~ ~ t~~s'~--. z. ~. ~. ~. ~, ~. 8. 9. l0. 10!0512009 89:30 5616821332 WIGINTDN FIRE SYSTEM PAGE 02f03 Attention: City of`l~e~Cay 8eacb P~'~"I~TIt,~i'~t We 5~.~;~c~rt Vii~age at Delray for .~,.p~re~~1. by tie C:it~ ~f Defray Beach i am signing this petitaQa in support of the i92 units of affordable rental housfztg in the SW Area of pelray Beach, It~O% cif the units will be avaiiable to households that earn f{3% or below of the Azea Median lucot~c. This developxner~t is beia~ funded with $27 Million in stimulus dollars. We need jobs and af~`ordal?le housing. We ask the T.~elray Beach City Coxomissioa to approve this beautiful new development iti ©tit~ community. Pris~.t Name Sigriaiv Address 1. _ r" 1"'" ~"c_t~.._~~'t.._33U~$ 2. t,.-tea. 3. „ LYt,ri,` ~. ~~: s. !~~ ~. ~. ~_-'~ s. y. ~0. 1~ P~ ti 3S'tx~ ~.~ ~2 3~~ ~~ rz . 1 ~ ti 3,~ ~. .- ~ ~~ .. ,... a i i'E'ii~~ gat ','.....; ~ _ .. .. _ 10f 05!2009 09: 30 5616821332 WIGI~ITCIN FIRE SYSTEM PAGE 03!03 Attention: City of Delray Beach PETI"CION ~Ve 5~.~~~t ~~~l.age at ~elra~ for A~prava~ by ~~.~ Czty cif D-e~ray Bead. 1 am sxgnir~g this petition in support of the 192 units of affr}rdable ret3tal housing lnt the SW Area of Delray Beach. I(30~fo of the units will be available to households that esrzj_ fQ°lo ox betvvr of the Azee :IViedxart Ittcazne. This development is being handed wiilt $27 tnaiuon to same{us ac~uars, t+~e rzcett ,loos ana a~oraavte arouszng. we es~c tn,e ~ac~ray Beach City Corrunission to approve this beautiful new development in our community. Paint Namc a e Address 1. ~ a ~^.v~ l~,i+LC..t"ti.S I t'I ""~ [-#~ ~ f~ ~# L jC'.~ x. ' ~. -~-I~"~~ C s. U~.11~ ~ YG(1~~?7(J ~. ~IQ., 4u ~.~ ~I v~4-~ra2 9. ~/~~S v ~~ ~ ~~~ ~~3~y~ ~~~~~ ~~ G~r~rS~ ~r' ~~~~' ~~~ .G~f~~ ~~s ~~ ~c. ~ ~~~ -~-- ~~~ ~~ ~~,~~~ ~ ~~ ~yv~ __~~ /d16 ~Y.r~Wrtc' ~~'`" F~t~t Attention: City of Delray H each PETITiUN e Su..p Village at Delray for Approval by the City of Delray Beach I am signing this petition in support of the l92 units of affordable re«ial housing in the SW Area of I}elray Beach. I{lQ°/n of the units will be available to households that earn 6©% or below of the Area Median Iueonze. This development is being funded with $27 million in stimulus dollars. We need ,jobs and affordable housing. We astc the Delray Beach City Commission to approve this beautiful new development ir3 our community. Address ~ ~.~t".~ ~. ~. s. ~. Io. Print Name Siginature Attention: City of Delray Beach PETLTLC}M ~VVe ~up~ village at Delra~r for Approval by tJ~e Ci.t~ of Delray beach I am signing this petition in support of the 192 units of affordable rental housing in the SW Area of Delray Beach. 1130°l° of the units will be available to households that earn 60°l0 or below of the Area Median Iucou~e. 'T'his development is being funded with $27 million in stimulus dollars. We need jobs and affordable housing, We ask the Delray Beach City Commission to approve this beautiful new development in our community. Print Name Signature I. Address ~~ cue. ~n- ~v4--r~ -.! . ~. ~ J ~} ~+ 12.5 ~~' ~~' ~~` ~ z s~ r`~~ 5r~- SF . Q~ c.a ~A~pt~1, ~~ '~~~ ~ (~ ~. ~. ~ ~ ~}~. ~l ~,~1t~ ~. {. 7. ~. ~. lfl. Attention. City of Delray Beach PETITIUN We ~ Village at :Delray for Approval by the pity of Delray Beach I am signing this petition in support of the 192 units of affordable rental housing in the SW Area of Delray Beach. 100°l0 of the units will be available to households that earn 60°la ar belciw of the Area Median Income, This development is being funded wzth $2'7 million ~in stimulus tlollars.'We need jabs and affordable housing. We ask the Delray f Beach City Corrunission to approve this beautiful new development in our community. ~ x~i~ 1. 2. .,~:. 3. ~.. Print Name ~, ~. ~. ~~r °o.. `~ ~,„ b(JIYy~ t Address ~. r~~ 1~~"~1Z ~ -Ch- °.~D~ . ~~r~ I I r~ ~-,. 1~~~ ~~ ~~~I~ ~1Y~ kf3~ ~' ~.~ `'~L ~~ ,~~s~-'fC1C ~ - ~.. ~~'~ ~v~, fir, I_ ~-~ ~~°~~~ ~~ ~L "~~ ~ ,~y Attention: City of Delray Beach PETITION VUe Su~~art Village at Delray far Appraval by the pity of Delray Beach I am signing this petition in support of the 192 units of affordable rental housing in the SW Area of Delray Beach. 100°l0 of the units will be available to households that earn b0°fo or below of the Area Median Income. This development is being fiunded with $27 million in stimulus dollars. We need jobs and affordable housing. We ask the Delray Beach City Commission to approve this beautiful new development in our community. Print Name Signature Address 1. t -s'1 ~.t.7`._l.~~Q..+V1C°~C?~'~Q ~~ ~ M,.k~t IVtC1 Vf'S.[ d ~~ .~y ~-`{~...__ 2. ~. ~. 5. b. '7. s. 9. 10. ~~ f~ ~ ~11Un iii . n ., In ~" ~ C`s ~v. S 6~. ~~~~ ~ .~1 ~"I ~_ ~~~~ lye=-~, ~~~ ~~ ~~, V " I Pa ~~~~-2to`~7 Attention: City of Delray Beach PETITIC3I~T ~Ue ~,~ Village at Delray for Approval by ~~e ~Ity of Delray Beach. I am signing this petition in support of the 192 units of affordable rental housing in the SW Area of Delray Beach. 100°l0 of the units will be available to households that earn 60°10 or below of the Area Median Income. This development is being funded with $27 million in stimulus dollars. We need jobs and affordable housing. We ask the Delray Beach City Commission to approve this beautiful new development in our community. ~~ ~~~ ~ I~~~~~ __ I~I~ Y, S5~`~ ~(l C~" ~ r s I 7. 8, 9. 10. Attention: City of Delray Beach PETITION We Su~.~~orti Village at Delray for Approval by the City of Delray Beach I am signing this petition in support of the 192 units of affordable rental housing in the SW Area of Delray Beach. lOfl°/a of the units will be available to households that earn b0°lo or below of the Area Median Income. This development is being funded with $27 million in stimulus dollars. We need jobs and affordable housing. We ask the Delray Beach City Commission to approve this beautiful new development in our community, Print Name 1. ~ 2. ,~~.. 3. ~ ~. ~-~ s. ~ 7. ~ t ~~~~~ Address ~.~~j~~ ~~ "~q z.o~~t.j~C~ECract~ ~~~.¢R~f l3•~ C X, tL ~~~ 9. Signature 10. Attention: City of Delray Beach PETITIC3I~T ~Ue ~,~ Village at Delray for Approval by ~~e ~Ity of Delray Beach. I am signing this petition in support of the 192 units of affordable rental housing in the SW Area of Delray Beach. 100°l0 of the units will be available to households that earn 60°10 or below of the Area Median Income. This development is being funded with $27 million in stimulus dollars. We need jobs and affordable housing. We ask the Delray Beach City Commission to approve this beautiful new development in our community. ~~ ~~~ ~ I~~~~~ __ I~I~ Y, S5~`~ ~(l C~" ~ r s I 7. 8, 9. 10. Attention: City of Delray Beach PETITION We Su~.~~orti Village at Delray for Approval by the City of Delray Beach I am signing this petition in support of the 192 units of affordable rental housing in the SW Area of Delray Beach. lOfl°/a of the units will be available to households that earn b0°lo or below of the Area Median Income. This development is being funded with $27 million in stimulus dollars. We need jobs and affordable housing. We ask the Delray Beach City Commission to approve this beautiful new development in our community, Print Name 1. ~ 2. ,~~.. 3. ~ ~. ~-~ s. ~ 7. ~ t ~~~~~ Address ~.~~j~~ ~~ "~q z.o~~t.j~C~ECract~ ~~~.¢R~f l3•~ C X, tL ~~~ 9. Signature 10. Delray Beach, Florida 33444 Phone: (561) 243-7000 Fax: (561) 243-3774 ROLL CALL 2. INVOCATION 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, program, or activity conducted by the City. Contact Doug Smith at 243-7010, 24 hours prior to the event in order for the City to accommondate your request. Adaptive listening devices are available for meetings in the Commission Chambers. REGULAR MEETING AGENDA 3. PLEDGE OF ALLEGIANCE TO THE FLAG 4. AGENDA APPROVAL 5. APPROVAL OF MINUTES: A. September 15, 2009 - Special/Workshop Meeting B. September 22, 2009 -Regular Commission Meeting 6. PROCLAMATIONS: A. Florida City Government Week -October 18-24, 2009 7. PRESENTATIONS: A. RESOLUTION NO. 44-09: Approve Resolution No. 44-09 Recognizing and commending Bernard Parker for 30 years of dedicated service to the City of Delray Beach. B. RESOLUTION NO. 45-09: Approve Resolution No. 45-09 Recognizing and commending Charles Stravino for 30 years of dedicated service to the City of Delray Beach. C. RESOLUTION NO. 46-09: Approve Resolution No. 46-09 Recognizing and commending .Tames Dalton for 30 years of dedicated service to the City of Delray Beach. CONSENT AGENDA: City Manager Recommends Approval A. RESOLUTION NO. 53-09/ABANDONMENT OF UTILITY EASEMENT/WAL-MART STORES, INC.: Approve Resolution No. 53-09 to abandon a 12' x 367' utility easement behind the Wal-Mart Stores, Inc., to accommodate expansion of the enclosed loading dock and reconfiguration of the semi-trailer loading area at the northwest corner of the building located at 16205 South Military Trail. B.INTERLOCAL AGREEMENT/PALM BEACH COUNTY/DROWNING PREVENTION COALITION (DPC): Approve an Interlocal Agreement with Palm Beach County for payment of swimming lesson fees not to exceed $50.00 per class for the Learn to Swim Program at Pompev Park and the Delray Swim & Tennis Center through the Drowning Prevention Coalition of Palm Beach County. C. SUB-GRANT AGREEMENT/FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS/NEIGHBORHOOD STABILIZATION PROGRAM: Approve aSub-grant Agreement between the City and the Florida Department of Community Affairs to implement Neighborhood Stabilization Program (NSPl) funding. D. AMENDMENT MARINA RULES AND REGULATIONS: Approve an amendment to Marina Rules and Regulations to provide a minimum boat length of 30 feet and maximum of 55 feet for boats docked at the Municipal Marina. E. AGREEMENT/DELRAY HARBOR CLUB ASSOCIATION, INC.: Approve an Agreement with Delray Harbor Club Association, Inc. to allow the Harbor Club to moor a boat adjacent to the northern side of their seawall adjacent to Knowles Park. F. RESOLUTION NO. 55-09: Approve Resolution No. 55-09 establishing the Budget Review Committee to review the City's budget, systems and procedures, technology improvements or related materials and concepts and make recommendations regarding same. G. AGREEMENT/LINTCO, INC.: Approve an agreement between the City and Lintco, Inc. for use of Lintco Property as a parking lot for the next Fire Station Open House Health and Wellness event to be held on November 14, 2009 at Fire Station #3, subject to the City insuring Lintco against any liability claims. H. AGREEMENT/COMMERCE BANK, N.A.: Approve an agreement between the City and Commerce Bank, N.A., for ControlPay Advanced (CPA, an accounts payable solution that will replace paper checks with electronic payments through the Visa Network. L ANNUAL PROTECT HOLIDAY/YOU ARE NOT ALONE ORGANIZATION: Approve a request for city support and assistance for the 4th Annual Project Holiday sponsored by the You Are Not Alone Organization, which provides packages to armed services personnel. SPECIAL EVENT REQUEST/23rd ANNUAL TURKEY TROT: Approve a special event request to allow the 23rd Annual Turkey Trot to be held on Saturday. November 21. 2009 from 7:30 a.m. until approximately 9:00 a.m., including a temporary use permit per LDR Section 2.4.60 for the closure and use of A-1-A from Casuarina to George Bush Boulevard from 5:00 a.m. to approximately 10:00 a.m., and authorize staff support for traffic control, barricading, trash removal and clean up, use of half of small stage, and waiver of parking meter fees for Sandoway~ Ingraham, and Anchor Park and along Atlantic Avenue from Venetian to A-1-A from 6:00 a.m. until approximately 10:00 a.m. K. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period September 21, 2009 through October 2, 2009. L. AWARD OF BIDS AND CONTRACTS: 1. Bid award to Tree Huggers Landscaping & Nurser, LLC. in the amount of $18,047.00 for landscape maintenance of George Bush Boulevard/N.E. 8th Street and West Atlantic Avenue. Funding is available from 119-4144-572-46.40 (Beautification Trust Fund/Repair & Maintenance Services/Beautification Maintenance). 2. Contract award to Baker's Transport Service (BTS) in the amount not to exceed $200,000.00 for hauling and disposal of liquid lime slurry from the Water Treatment Plant (WTP). Funding is available from 441-5122-536-34.90 (Water and Sewer Fund/Other Contractual Services). REGULAR AGENDA: A. CONDITIONAL USE RE~UEST/VILLAGE AT DELRAY: Consider a conditional use request for Village at De1raX, to allow a density in excess of 12 units per acre (17.4 du/ac is proposed) in accordance with the provision of the City's Family Workforce Housing Ordinance for the Village at Delrav. a 192-unit residential development located on the east side of Auburn Avenue south of S.W. 4th Street. (Quasi-Judicial Hearin 1. WAIVER RE~UEST/VILLAGE AT DELRAY: Consider a waiver request to LDR Section 4.6.9(D)(2), "Provisions for Ingress and Egress", which requires that vehicles must enter and exit parking spaces onto the street in a forward manner on travel ways exceeding 200 Average Daily Trips (ADT). (Quasi-Judicial Hearing B. DIRECTION REGARDING OLD SCHOOL SQUARE GARAGE RETAIL SPACE: Provide direction regarding the options for the Old School Square garage retail space. C. COMMISSION APPOINTMENT/ALTERNATE TO INTERGOVERNMENTAL COORDINATION ISSUES FORUM: Appoint a Commissioner as an Alternate Member of the Intergovernmental Coordination Issues Forum. D. APPOINTMENT TO THE COMMUNITY REDEVELOPMENT AGENCY: Appoint one (1) regular member to the Community Redevelopment Agency (CRA) to serve an unexpired term ending .Tuly 1, 2013. Based upon the rotation system, the appointment will be made by Commissioner Eliopoulos (Seat #1). E. APPOINTMENTS TO THE NEIGHBORHOOD ADVISORY COUNCIL:Appoint five ~) regular members (one member each for Zones 3, 4, 5 & 6) and an At Large Representative to the Neighborhood Advisory Council for three ~) vear terms ending .Tuly 31, 2012. Based upon the rotation system, the appointments will be made by Commissioner Gray (Seat #4~, Mayor McDuffie (Seat #5~, Commissioner Eliopoulos (Seat #1~, Commissioner Fetzer (Seat #2) and Commissioner Frankel (Seat #3). F. APPOINTMENT TO THE EDUCATION BOARD: Appoint one ~) regular member to the Education Board to serve an unexpired term ending .Tuly 31, 2011. Based upon the rotation system, the appointment will be made by Commissioner Eliopoulos (Seat #1) G. APPOINTMENT TO THE BOCA RATON AVIATION ADVISORY COMMITEE:Appoint one (1) regular member to the Boca Raton Aviation Advisory Committee to serve an unexpired term ending May 31, 2010. Based upon the rotation system, the appointment will be made by Commissioner Eliopoulos (Seat #1). 10. PUBLIC HEARINGS: A. ORDINANCE NO. 15-09 (FIRST READING/FIRST PUBLIC HEARING): Consider an ordinance providing for the acceptance of the resurvey report of Del-Ida Park Historic District including extension of the period of significance and reclassification of properties from non-contributing to contributing. If passed, a second public hearing will be held on October 20, 2009 B. ORDINANCE N0.41-09 (FIRST READING/FIRST PUBLIC HEARING):Consider acity initiated amendment to the Land Development Regulations (LDR) Section 4.4.9(G~(3)(e)l.a, "Lot Coverage and Open Space", to allow the internal parking lot landscape areas to be credited towards the required 25% open space requirement within the Four Corners Overlay District. If passed, a second public hearing will be held on October 20, 2009. C. ORDINANCE NO. 50-09 (FIRST READING/FIRST PUBLIC HEARING): Consider a city initiated amendment to the Land Development Regulations (LDR) Section 4.3.3 "Special Requirements for Specific Uses", by enacting Subsection (CELL) "Medical Offices", to provide clarification regarding dispensing of narcotic drugs, and amending Appendix "A", to provide for definitions related to the regulation of medical offices. If passed, a second public hearing will be held on October 20, 2009. D. ORDINANCE NO. 53-09 (FIRST READING/FIRST PUBLIC HEARINGI: Consider a initiated amendment to the Land Development Regulations (LDR) Section 4.6.7 "Signs", Subsection 4.6.7(H~(10~(b) "Sponsorship Signs",providing and clarifying related standards. If passed, a second public hearing will be held on October 20, 2009. E. ORDINANCE NO. 55-09: Consider acity-initiated ordinance amending Chapter 96, "Fire Safety and Emergency Services", of the Code of Ordinances by amending Section 96.11, "Fire Safety Community Education", to provide for various fees for Fire Safety Community Education. 1. RESOLUTION NO. 54-09: Consider approval of Resolution No. 54-09 establishing fees for various Fire Safety Community Education Services. 11. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS FROM THE PUBLIC- IMMEDIATELY FOLLOWING PUBLIC HEARINGS: A. City Manager's response to prior public comments and inquiries. B. From the Public. 12. FIRST READINGS: A.ORDINANCE NO. 43-09: An ordinance amending Chapter 52, "Water" of the City Code of Ordinances by amending Section 52.34, "Water Rates", to provide for an adjustment in residential, nonresidential, and irrigation rates for FY 2010. If passed, a public hearing will be scheduled for October 20, 2009 B. ORDINANCE N0.44-09: An ordinance amending Chapter 59, "Reclaimed Water", of the City Code of Ordinances by amending Section 59.09, "Fees, Rates and Charges" to provide for a retail customer increasing block rate structure for reclaimed water. If passed, a public hearing will be scheduled for October 20, 2009. C. ORDINANCE N0.51-09: Consider a city initiated amendment to the Land Development Regulations (LDR) amending Section 2.4.3, "Submission Requirements", Subsection (K~, "Fees", to provide for the establishment of new fees and increases to certain existing fees related to permitting and plan review. If passed, a public hearing will be scheduled for October 20, 2009. D.ORDINANCE NO. 52-09: Consideration an ordinance authorizing the creation of local government Neighborhood Improvement Districts pursuant to Florida Statute 163.506. If passed, a public hearing will be scheduled for October 20, 2009. E. ORDINANCE NO. 56-09: Consider a city initiated amendment to the Land Development Regulations (LDR) Section 6.3.3, "Sidewalk Cafe", Subsection (A~, "Permit and Fees", to clarify the cost of sidewalk cafe' permits and enact late renewal fee charge. If passed, a public hearing will be scheduled for October 20, 2009. F. ORDINANCE NO. 57-09: Consider a city-initiated amendment to Chapter 113, Alcoholic Beverages", of the Code of Ordinances by amending Section 113.15, "Hours of Sale and Consumption; Exemption", to eliminate the current restriction for the consumption of alcohol on premises on Sunday morning. If passed, a public hearing will be scheduled for October 20, 2009. 13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS: A. City Manager B . City Attorney C. City Commission SPECIAL/WORKSHOP MEETING September 15, 2009 A Special/Workshop Meeting of the City Commission of the CitS~ 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, September 15, 2009. Roll call showed: Present - Commissioner Gary P. Eliopoulos Commissioner Fred B. Fetzer Commissioner Adam Frankel Mayor Nelson S. McDuffie Absent - None Also present were - David T. Harden, City Manager R. Brian Shutt, City Attorney Chevelle D. Nubin, City Clerk Mayor Nelson S. McDuffie called the special meeting to order and announced that it had been called for the purpose of considering the following Item: SPECIAL MEETING AGENDA 1. Oath of Office administered to Newly-Appointed City Commission Member: Angeleta Gray (Swearing-In Ceremony will be held in the Commission Chambers) Mrs. Gray was sworn in by Chevelle D. Nubin, CitS~ Clerk. Mayor McDuffie briefly commented and thanked everyone for attending. Mayor McDuffie adjourned the Special Meeting at 6:04 p.m. WORKSHOP AGENDA 1. Direction regarding the Old School Sduare Garage Retail Space R. Brian Shutt, City Attorney introduced this item. He stated that he gave the Commission a memo regarding his concerns with the drafts of the proposed lease agreement and purchase and sale agreement between the CitS~ and the proposed purchaser. He also stated that a report from PMG Associates, Inc. was included and that Phil Gonot is present to explain his analysis of the report. There is an artist of Palm Beach County to give a presentation. It is the Consensus of the Commission to hear the presenters tonight. Michael Weiner, Attorney with Weiner, Aronson & Mankoff, P.A. stated he is here on behalf of Tom Kinsloe. He introduced Tom Kinsloe, Randy Singer, and Richard Jones. He presented a PowerPoint presentation. Beverly Snow, President of the Artists of Palm Beach County presented a proposal via PowerPoint presentation. She gave a brief overview of the organization, and explained how the retail space will be used. Ms. Snow stated that they are looking for a five year lease or more, with an option to buy at the end of the lease. They would build out the interior space including petitions, the bathroom area, and install a security system. Joe Gillie, Executive Director of Old School Square, stated that Old School Square supports the City Commission exploring the relationship and a possible lease agreement with the Artists of Palm Beach County. Phil Gonot with PMG Associates, Inc. discussed the Lease/Purchase Proposal Old School Square Parking Garage Report. He recommends that the City reject the proposal from Mr. Kinsloe and hold on to the space and lease it out for a period of time until the market conditions improve. R. Brian Shutt, City Attorney, discussed the following concerns with the proposed lease agreement with Mr. Kinsloe: 1) during the lease term buyer may have any permitted use (it would be preferable where the City could exercise more control over the use until the closing); 2) the irrevocable letter of credit during the build out should be increased above the X100,000.00; 3) the security deposit should be increased from the X10,000.00 that is offered; 4) the agreements provide that the CitS~ pay the doc stamp, the City would like for the buyer to pay the doc stamps; 5) the agreements provide that the CitS~ would pay the broker's commission, the CitS~ would want the buyer to pay the broker's commission; and 6) the buyer should only receive a revocable license for the five (5) parking spaces and to give the parking spaces in the form of a license agreement. Joseph Safford, Finance Director stated that the City has a X24 million utility tax bond issue and that we must stay under ~3 million dollars. If we go over the ~3 million dollars, it will make the bonds taxable. Mr. Harden stated that as far as the build out, we would approach the CRA about help with the build out. It is the Consensus of the Commission for the CitS~ Attorney to take the listed concerns and work those out with the offer that is on the table right now; and to look at if the City will have to do some build out next year and take that into consideration. 2. Fire Assessment Fee Consulting Proposal from Government Services Groin. Inc. Jason Buccholz, Project Manager with Government Services Group, Inc. from Tallahassee presented this item. He discussed steps required by Florida Statute 197.3632 in order for the City to develop anon-ad valorem Fire Services Assessment Program. The first step is to adopt a resolution of intent prior to December 31, 2009. The approach is divided into two phases with a projected implementation of the program in FY 2010-2011. Phase One includes tasks for development of the preliminary proforma rates. An assessment report will be provided at the end of Phase One. Phase Two includes steps needed if the CitS~ decides to proceed with a Fire Services Assessment Proposal. Mr. Buccholz stated that the purpose of developing a fire system is to identify the costs associated with fire protection only that the City can legally charge using a non-ad valorem assessment program. Once the rates are established, then the City will have to adopt an ordinance with two public hearings and set some preliminary rates. 2 09/15/2009 It is the Consensus of the Commission to move forward with the resolution of intent. 3. FY 2010 Budget Mr. Harden, CitS~ Manager, presented this item and discussed the remaining issues regarding the FY 2010 Budget. He provided Commission with a handout of various millage rate scenarios and an updated list of possible budget reduction that he does not recommend but could be done. Commission discussed the remaining issues regarding the FY 2010 Budget. It is the Consensus of the Commission to reduce the shuttle bus service to two (2) buses and to set 7.19 as the millage rate. Ma~~or McDuffie adjourned the Workshop Meeting at 8:57 p.m. CitS~ Clerk ATTEST: MAYOR The undersigned is the CitS~ Clerk of the CitS~ of Delra~~ Beach, Florida, and the information provided herein is the Minutes of the Special/Workshop Meeting of the CitS~ Commission held on Tuesday, September 15, 2009, which Minutes were formally approved and adopted by the CitS~ Commission on October 6.2009. 09/15/2009 CitS~ Clerk NOTE TO READER: If the Minutes you have received are not completed as indicated above, this means the~~ are not the official Minutes of the CitS~ Commission. Thee will become the official Minutes only after review and approval, which may involve amendments, additions or deletions to the Minutes as set forth above. 4 09/15/2009 SEPTEMBER 22, 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 6:05 p.m., Tuesday, September 22, 2009. 1. Roll call showed: Present - Commissioner Gary P. Eliopoulos Commissioner Fred B. Fetzer Commissioner Adam Frankel Commissioner Angeleta E. Gray Mayor Nelson S. McDuffie Absent - None Also present were - David T. Harden, City Manager Robert A. Barcinski, Assistant City Manager Brian Shutt, City Attorney Chevelle D. Nubin, City Clerk 2. The opening prayer was delivered by Mayor McDuffie. 3. The Pledge of Allegiance to the flag of the United States of America was given. 4. AGENDA APPROVAL. Mayor McDuffie stated with regard to Item 8.T., Amendment No. 2 to the Agreement/eCIVIS, INC., of the Consent Agenda, the two amendments in the Muni-Agenda are both invalid. The correct Amendment (#2) is on the dais. Mayor McDuffie stated on page two the maintenance and support had been stricken from this and that was an error and has now been reinstated into Amendment #2. Also, Mayor McDuffie noted the addition of Item 9.J., Interlocal Agreement/Community Redevelopment Agency for Funding of Construction/Professional Services to the Consent Agenda by addendum and Item 12.A., Ordinance No. 55-09 to the Agenda by addendum. Mr. Frankel moved to approve the Agenda as amended, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mr. Fetzer -Yes; Mr. Frankel - Yes; Mrs. Gray -Yes; Mayor McDuffie -Yes; Mr. Eliopoulos -Yes. Said motion passed with a 5 to 0 vote. 09/22/09 5. APPROVAL OF MINUTES: Mr. Fetzer moved to approve the Minutes of the Workshop Meeting of September 8, 2009, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mr. Frankel -Yes; Mrs. Gray -Yes; Mayor McDuffie -Yes; Mr. Eliopoulos - Yes; Mr. Fetzer -Yes. Said motion passed with a 5 to 0 vote. Mr. Frankel moved to approve the Minutes of the Regular Meeting of September 10, 2009, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mrs. Gray -Yes; Mayor McDuffie -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer - Yes; Mr. Frankel -Yes. Said motion passed with a 5 to 0 vote. 6. PROCLAMATIONS: 6.A. Play Day -October 3, 2009 Linda Karch read a proclamation hereby declaring Saturday, October 3, 2009 as "A Play Day in the City of Delray Beach". Linda Karch gave a few brief comments. Mayor McDuffie presented the proclamation to Ms. Karch. 6.B. Abbey Delray's Renewal and Re-Commitment Week -October 4-10, 2009 Mayor McDuffie read and presented a proclamation hereby proclaiming the week of October 4, 2009 through October 10, 2009 as "Abbey Delray's Renewal and Re-Commitment Week". Shawn Perrigo, Executive Director of Abbey Delray, gave a few brief comments. 7. PRESENTATIONS: 7.A. Special Recognition Award - Budget Task Force Mayor McDuffie stated the City has had a group of people that are very committed to the City of Delray Beach working for two years on assisting the Commission on finding things in the Budget that they would never have found on their own. Mayor McDuffie thanked the Finance Director and the Finance Department for working hand-in-hand with the Budget Task Force and facilitating what they did. Mayor McDuffie stated the effort was tremendous and the final deliverable product was 98 pages and identified approximately $4'/z million worth of savings that are possibly attainable. Some of those are through union negotiations and other areas that we cannot immediately address. Mayor McDuffie stated the Budget Task Force showed dedication, perseverance in the clear and concise way in which the report was written to the Commission and he thanked the Budget Task Force members for their service to the City of Delray Beach. 2 09/22/09 Committee Members Frank Wheat gave a few brief comments. Jim Smith also thanked Mayor McDuffie and the City Commission for creating the Budget Task Force. 8. CONSENT AGENDA: City Manager Recommends Approval. 8.A. REQUEST FOR SIDEWALK DEFERRAL/213 KINGS LYNN ROAD: Approve a request to defer the installation of a sidewalk along Kings Lynn Road and Aylesbury Road for the property located at 213 Kings Lynn Road. 8.B. RESOLUTION NO. 43-09: Approve Resolution No. 43-09 supporting the petition filed by the Florida Stormwater Association with the Florida Department of Environmental Protection for rule-making to amend Florida water quality standards by revising existing water body classifications to provide new and more appropriate beneficial uses and use expectations. The caption of Resolution No. 43-09 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, SUPPORTING THE PETITION FOR RULE-MAKING TO AMEND FLORIDA WATER QUALITY STANDARDS BY REVISING EXISTING WATER BODY CLASSIFICATIONS TO PROVIDE NEW AND MORE APPROPRIATE BENEFICIAL USES AND USE EXPECTATIONS, FILED BY THE FLORIDA STORMWATER ASSOCIATION, INC., WITH THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION; AND PROVIDING FOR AN EFFECTIVE DATE. (The official copy of Resolution No. 43-09 is on file in the City Clerk's 3 09/22/09 office.) 8.C. RESOLUTION NO. 51-09/FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT)/JOINT PARTICIPATION AGREEMENT: Approve Resolution No. 51-09 authorizing execution of the Joint Participation Agreement (7PA) with the Florida Department of Transportation (FDOT) for installation of 12 bus shelters. The caption of Resolution No. 51-09 is as follows: office.) A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, APPROVING THE JOINT PARTICIPATION AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION FOR FUNDING OF TWELVE BUS SHELTERS AND AUTHORIZING THE EXECUTION OF THE AGREEMENT. (The official copy of Resolution No. 51-09 is on file in the City Clerk's 8.D. CONTRACT CLOSEOUT (C.O. NO. 2/FINAL)BRANG CONSTRUCTION, INC.: Approve a Contract Closeout (Change Order No. 2/Final) in the amount of a $45,667.42 decrease and final payment in the amount of $4,749.10 to Brang Construction, Inc. for completion of the Old Germantown Road Sidewalk Improvements. Funding is available from 334-3162-541-68.34 (General Construction Fund/Other Improvement/ Germantown Rd-Sidewalk). 8.E. CONTRACT CLOSEOUT (C.O. NO. 3/FINAL)/ROSSO PAVING & DRAINAGE, INC.: Approve a Contract Closeout (Change Order No. 3/Final) in the amount of a $3,240.37 increase and final payment in the amount of $28,749.91 to Rosso Paving & Drainage, Inc., for the completion of the Homewood Boulevard Bicycle Lanes Road Widening Project. Funding is available from 334-3162-541-68.46 (General Construction Fund/Other Improvement/Homewood Blvd. Bikepaths). 8.F. CONTRACT CLOSEOUT (C.O. NO. 1/FINAL)/INSITUFORM TECHNOLOGIES, INC.: Approve a Contract Closeout (Change Order No. 1/Final) in the amount of a $42,900.00 decrease and final payment in the amount of $6,515.00 to Insituform Technologies, Inc. for the completion of the lining of the abandoned 16" force main under the Intracoastal Waterway. Funding is available from 441-5181-536-65.96 (Water and Sewer Fund/Other Improvements/Reclaim Water Transmission). 8.G. DEL IDA COMMUNITY PARK/LANDSCAPING ARTIST IN RESIDENCY PROJECT/AMENDMENT NO. 1: Approve Amendment No. 1 to the agreement with Lois Brezinksi for the Landscape Artist in Residency Project for Del Ida Community Park to increase the amount of the contract by $3,442.04 for the cost of installing electrical service to the site. Funding is available from 115-1702-579-63.90 (Special Projects Fund/Capital Outlay/Other Improvements). 4 09/22/09 8.H. REVISION OF FUNDING SOURCES/SW 14TH AVENUE ROADWAY, ALLEYS & DRAINAGE PROJECT: Approve revising the funding sources with H & D Construction, Co. for the S.W. 14th Avenue Roadway, Alleys & Drainage Improvements Project. Funding is available from 101-1969-541-68.25 (ARRA Economic Stimulus Fund/Other Improvement/SW 14th Avenue-SW 2nd to SW 1st), 334- 3162-541-68.05 (General Construction Fund/Other Improvement/SW 14th Alley Improvement) and 448-5461-538-68.25 (Storm Water Utility Fund/Other Improvement/SW 14th Avenue-SW 2nd to SW 1st). 8_I. GRANT AWARD/RECOVERY ACT EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT (JAG): Approve and accept the Recovery Act Edward Byrne Memorial Justice Assistance Grant (JAG) award in the amount of $289,582.00 which will provide funding to support the Holiday Robbery Task Force, purchase police vehicles, and repair/reconfigure a donated driving simulator. 8.J. EXTENSION TO THE MAINTENANCE AND SUPPORT AGREEMENT/MOTOROLA, INC.: Approve an extension to the Maintenance and Support Agreement between the City and Motorola, Inc. in the amount of $126,154.08 for Police, Fire, and other City Departments' Motorola SmartZone radio system maintenance and to service aging equipment. Funding is available from various accounts. 8.K INTERLOCAL AGREEMENT/SCHOOL BOARD OF PALM BEACH COUNTY/SEACREST ATHLETIC FACILITY: Approve an Interlocal Agreement between the City and the School Board of Palm Beach County for the Police Department's use of the Seacrest Athletic Facility. 8.L. AMENDMENT TO THE LEASE AGREEMENT/METROPCS FLORIDA, LLC.: Approve an Amendment to the Lease Agreement with MetroPCS Florida, LLC., for use of the City's generator as an alternate power source for the MetroPCS antenna on the Police Department radio tower. 8.M. INTERLOCAL AGREEMENT/COMMUNITY REDEVELOPMENT AGENCY/CLEAN AND SAFE PROGRAM: Approve an Interlocal Agreement between the City and the Community Redevelopment Agency (CRA) for funding the Clean and Safe Program. 8.N. AGREEMENT/CHILDREN'S SERVICES COUNCILBEACON CENTER AT VILLAGE ACADEMY: Approve an annual grant between the City of Delray Beach and Children's Services Council (CSC) in the amount of $792,852.00 and authorize the execution of the required contract agreement for services provided through the Beacon Center at Village Academy for FY 2009-2010. 8.0. SUBRECIPIENT AGREEMENTS/ACHIEVEMENT CENTERS FOR CHILDREN AND FAMILIES & FAMILIES FIRST OF PALM BEACH COUNTY: Approve and authorize the execution of agreements with two (2) sub- recipients (Community Child Care Center d/b/a Achievement Centers for Children and Families and Children's Case Management Organization d/b/a Families First of Palm 09/22/09 Beach County) for the Village Academy Beacon Center program for FY 2009-2010, with the total funding in the amount of $844,852.00 from the City and Children's Services Council of Palm Beach County. 8.P. AMENDMENT NO. 2 TO THE SUB-RECIPIENT HOUSING PARTNERSHIP AGREEMENT/DELRAY BEACH COMMUNITY LAND TRUST, INC.: Approve Amendment No. 2 to the Sub-Recipient Housing Partnership Agreement between the City and the Delray Beach Community Land Trust, Inc. for the purposes of subsidizing the costs associated with affordable housing units within the Community Land Trust. Funding is available from 118-1924-554-49.20 (Neighborhood Services/Other Current Charges/Homeowner Subsidy). 8~. SCHOOL READINESS CHILD CARE SERVICE AGREEMENT/FAMILY CENTRAL, INC.: Approve a School Readiness Child Care Service Agreement between the City and Family Central, Inc., to provide subsidized child care funding for the Afterschool Program. 8.R RATE AGREEMENT/FAMILY CENTRAL, INC.: Approve a Rate Agreement with Family Central Inc., to provide funding to the City through the Continue-to-Care Afterschool Program from October 1, 2009 through June 30, 2010. 8.5. SERVICE AGREEMENT/PROPERTYROOM.COM, INC.: Approve a Service Agreement with PropertyRoom.com, Inc., an Internet based auctioneer, to provide a complete, full service auction system to inventory and sell abandoned and seized property. 8.T. AMENDMENT NO. 2 TO THE AGREEMENT/eCIVIS, INC.: Approve Amendment No. 2 to the Agreement between the City and eCivis in the amount of $19,500.00 to renew the contract for one (1) year. Funding will be available from 001- 1111-511-31.90 (General Fund/Professional Services/Other Professional Services). 8.U. AMENDMENT NO. 2 TO AGREEMENT WITH COASTAL COMMERCIAL GROUP, LLC.: Approve Amendment No. 2 to the Agreement with Coastal Commercial Group, LLC, which provides for a five (5) year extension as well as removal of the right of Coastal to terminate the Agreement. 8.V. INTERLOCAL AGREEMENT/COMMUNITY REDEVELOPMENT AGENCY/SPONSORSHIP OF TENNIS TOURNAMENTS: Approve an Interlocal Agreement with the Community Redevelopment Agency (CRA) for sponsorship of City tennis tournaments. 8.W. AMENDMENT NO. 2 TO THE INTERLOCAL AGREEMENT/COMMUNITY REDEVELOPMENT AGENCY/CONSTRUCTION/PROFESSIONAL SERVICES: Approve Amendment No. 2 to the Interlocal Agreement between the City and the Community Redevelopment Agency (CRA) for funding construction/professional services for certain projects as listed on Exhibit "A" attached to the Agreement for FY 2008/2009. 6 09/22/09 8.X. AMENDMENT TO THE LICENSE AGREEMENT/TICKETMASTER, LLC.: Approve an amended license agreement with Ticketmaster, LLC. for the sale of tickets for events at the Tennis Stadium. 8.Y. AMENDMENT NO. 1 TO THE CONSULTING AGREEMENT/LANGTON ASSOCIATES, INC./GRANT WRITING SERVICES: Approve Amendment No. 1 to the Consulting Agreement between the City and Langton Associates, Inc. for American Recovery and Reinvestment Act grant writing services. 8.Z. AMENDMENT NO. 3 TO THE AGREEMENT/FLORIDA HIGHWAY PRODUCTS, INC.: Approve and authorize the Mayor to execute Amendment No. 3 to the Agreement with Florida Highway Products Inc. (FHP) in the amount of $178,310.75 for resurface of streets related to the installation of Area llA of the Reclaimed Water System. Funding is available from 441-5181-536-65.96 (Water and Sewer Fund/Other Improvements/Reclaim Water Transmission). A.A. SPECIAL EVENT REQUEST/HALLOWEEN PARADE: Approve a special event request to allow the Annual Halloween Parade sponsored by the Noontime Kiwanis Club to be held on October 31, 2009 from 1:30 p.m. until approximately 2:30 p.m., including temporary use permit per LDR Section 2.4.6(F) for the rolling closure of Atlantic Avenue from N.E. 1st Avenue to Veterans Park, staff support for traffic control, security, and barricading. A.B. SPECIAL EVENT REQUESTS/ART AND JAZZ ON THE AVENUE/TREE LIGHTING: Approve special event requests to endorse Art and Jazz on the Avenue and the Tree Lighting to be held on December 3, 2009 from 6:00 p.m. to 10:00 p.m., to grant a temporary use permit per LDR Section 2.4.6(F) for the closure of Atlantic Avenue from Swinton to N.E./S.E. 7th Avenue, to the alley north of Atlantic Avenue on N.E. 1st Avenue, N.E. 2nd Avenue, Railroad Way, and N.E. 4th Avenue and from Atlantic to the alley south on S.E. 1st Avenue, S.E. 2nd Avenue and S.E. 4th Avenue; to authorize staff support for security, traffic control, banner hanging and removal, barricade set up and removal, trash removal and clean up, EMS assistance, and use of the large City stage. A.C. SPECIAL EVENT REQUEST/HOWARD ALAN 3rd ANNUAL DOWNTOWN DELRAY BEACH NEW YEAR'S CRAFT FESTIVAL: Approve a special event request to endorse the 3rd Annual Downtown Delray Beach New Year's Craft Festival sponsored by Howard Alan Events, Ltd. to be held from 10:00 a.m. to 5:00 p.m. on December 26-27, 2009, granting a temporary use permit per LDR Section 2.4.6(F) for the closure of N.W. 3rd Avenue from Atlantic Avenue north to the south entrance of Atlantic Grove and the Tennis Center parking lot, authorize staff support for traffic control, barricade inspection, fire inspector services and authorize event signage to be installed fourteen (14) days prior to event with the sponsor paying all overtime costs. A.D. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period September 7, 2009 through September 18, 2009. 7 09/22/09 A.E. AWARD OF BIDS AND CONTRACTS: 1. Bid award to H & D Construction Co., Inc. in the amount of $479,612.00 for the construction of S.W. 12th Avenue Alleys - Phase I Project. Funding is available from 334-3162-541-68.49 (General Construction Fund/Other Improvement/S.W. 12th/Auburn Alley Improvements). 2. Purchase award to JCI Jade Communication in the amount of $93,265.24 to supply and install non-public safety fiber optic communication cable from the TT Building through City Hall to the Environmental Services Department building and to A2000 Network Solutions in the amount of $24,130.00 for the purchase of Cisco Catalyst switches for cable connection for the total award amount of $117,395.24. Funding is available from 441-5161-536- 63.90 (Water and Sewer Fund/Improvements Other/Other Improvements). Mr. Eliopoulos moved to approve the Consent Agenda as amended, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mayor McDuffie -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. Frankel -Yes; Mrs. Gray - Yes. Said motion passed with a 5 to 0 vote. 9. REGULAR AGENDA: 9.A. APPEAL/SITE PLAN REVIEW APPEARANCE BOARD ACTION/CVS/PHARMACY: Consideration of an appeal regarding the Site Plan Review and Appearance Board's decision to reduce the number of wall signs proposed for the CVS/pharmacy from four (4) to two (2), pursuant to Land Development Regulations (LDR) Section 2.4.7(E), "Appeals". The project is located at 700 N.E. 6m Avenue. (Quasi-Judicial Hearing) Mayor McDuffie read into the record the City of Delray Beach procedures for aQuasi-Judicial Hearing for this item and all subsequent Quasi-Judicial Hearings. Chevelle D. Nubin, City Clerk, swore in those individuals who wished to give testimony on this item. Mayor McDuffie asked the Commission to disclose their ex parte communications. Mr. Frankel stated Chairman Conner Lynch sent an email discussing the findings of SPRAB a couple of weeks ago. Mrs. Gray stated she had no ex parte communications to disclose. Mayor McDuffie stated he received an email from Chairman Connor Lynch as well Mr. Eliopoulos stated he received an email from Chairman Connor Lynch. Mr. Fetzer stated he too received an email from Chairman Connor Lynch. 8 09/22/09 Lula Butler, Director of Community Improvement, stated this is an appeal of the Site Plan Review and Appearance Board (SPRAB) decision to reduce the number of wall signs proposed for the CVS Pharmacy from four to two pursuant to LDR Section 2.4.7(E). The project is located at 700 N.E. 6th Avenue. At its meeting of August 12, 2009, the Site Plan Review and Appearance Board considered the Master Sign Program that was proposed by CVS Pharmacy and the Master Sign Program included their freestanding signs, wall signs, egress and ingress signs, and pharmacy enter/exit signs. Mrs. Butler stated under the Master Sign Program the Board is allowed to be flexible with the sign code and they are allowed to grant some waivers and consider a site that may have extenuating circumstances that needs a little bit more to affective signing. The Board elected to limit the number of flat wall signs that were being proposed from four to two. Mrs. Butler stated the Board approved all the other signs that were proposed except the two flat wall signs proposed for the east and west elevations. She stated CVS will have two free standing signs; one at the south end and one at the north end. Mrs. Butler stated one site plan will have to be brought back to the Board because the Board preferred the initial location that they had reviewed at the initial meeting in reviewing this plan. The agent wanted to propose signs on all four elevations of the building. Mrs. Butler stated the flat wall signs were approved by the Board and are approximately 75 square feet on each elevation and you can see the signs as you approach from northbound and southbound Federal Highway. The two signs that were not approved were the ones for the east and west elevations and included a 24-hour notice for which they would need conditional use to approve and the Board does not allow 24-hour signage to go on the wall as it has been proposed. Mrs. Butler stated per LDR Section 2.4.7(B) the Commission can grant waivers to the section governing the signs after making a finding of fact based on one of the following (1) shall not adversely affect the neighboring area; (2) shall not significantly diminish the provision of public facilities; (3) shall not create an unsafe situation; and (4) does not result in the granting of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. Staff recommends that the Commission support SPRAB's decision to modify the Master Sign proposal reducing the number of wall signs proposed for the project site. Mark Gre~ory, Vice Chairman of the Site Plan Review and Appearance Board, stated SPRAB wanted CVS to reconsider some of their objections and have them come back and make another presentation but they decided not to do that. NIr. Gregory stated the presentation for the signs did not meet the original spirit and noted when this building came through there was a lot of attention paid to the signage, landscaping, and the neighborhood came out and promises by the original applicant were that they were going to have neighborhood friendly signs, they were going to be smaller and demure. He stated this representation was made to SPRAB and to the neighbors and there was a very large turnout. NIr. Gregory distributed a handout of photographs of the building and of some other neighboring signs that are in the surrounding area. He urged the Commission to support SPRAB's decision. 9 09/22/09 Cram McDonald, Corporate Property Services, Inc., (Agent for CVS Pharmacyh stated they are here this evening to appeal the Master Sign Program for the wall signage for the CVS Pharmacy. Mr. McDonald stated the Committee asked them to come back and put the landscape elevations on the buildings and they tried to work with the Board as best as they could to come up with something they thought was acceptable for CVS as well as the City. He stated they proposed two 36 inch signs on the north and south elevations and two 40 inch signs and noted they were only approved for the north and south elevations. Mr. McDonald stated they are requesting signs for the east, west, and south elevations not the north elevation. He stated based on the City's code you can have one wall sign per street frontage. Mr. McDonald stated all the signs proposed fall well below what is allowed by Code. Mr. McDonald requested approval of the east, west, and south elevation wall signs but they would like to be able to have the south and west elevation wall signs if the City feels that only two signs are necessary. Mrs. Butler stated the Agent has introduced a new request and staff was not aware that they were modifying their request and she cannot comment on that because she feels it needs to go back to the Site Plan Review and Appearance Board (SPRAB) if they would like to modify their Master Sign Program. Mr. McDonald stated they are asking to have three signs on the building versus four. There was no cross-examination or rebuttal. Mayor McDuffie asked if anyone from the public would like to speak in favor or in opposition of the appeal, the public hearing was closed. James Borsos, member of SPRAB, stated this item came before the Board twice already and the applicant has changed their idea of what they wanted. Mr. Boros thanked Mr. Gregory for his comments and noted that he is a sign company owner and sign expert. Mr. Boros stated according to LDR Section 4.6.24 hours of operation for a sign on a retail building have been limited to one square foot and that they be non- illuminated. He stated the Board feels that two signs are sufficient and the Board has been informed by the public that four signs would be obnoxious and the light glare to the nearby residents would be offensive and is why the Board approved the two signs. Mr. Boros urged the Commission to support SPRAB's decision. Alice Finst, 707 Place Tayant, Delray Beach, FL 33445, stated she is a long time observer of SPRAB and it seems like CVS has a new plan tonight. Mrs. Finst stated she came to the meetings when there were lots of people from the neighborhood and certain things were promised. She stated putting the signs on the east and west side is an invasion into the residential neighborhood. Mrs. Finst stated the Commission's constituents will be looking at these signs for a very long time if approved and they will not be happy. 10 09/22/09 There being no one else from the public who wished to address the Commission regarding the appeal, the public hearing was closed. There was no cross-examination or rebuttal. Mr. Frankel asked what residences are near the CVS Pharmacy. Mrs. Butler stated there are residents on either side of Federal Highway and noted that there is a townhouse development on the east side that backs up against it. She stated the residents are concerned with the illumination and how that would affect them at nighttime. Mr. Eliopoulos stated along the west side of the tracks isresidential/office and residence. Mr. Eliopoulos stated he supports SPRAB's decision but he will not support if they come back regarding the north elevation. He stated you have to have special zoning there that the City put in place for what they envisioned to be one of the gateways into our city. Mr. Eliopoulos stated he will not support 24-hours because this places a crutch on the Police Department when places are open for 24-hours and therefore he will not support it. Mayor McDuffie stated this is an important building in the City of Delray Beach although it is not entrance to the City (City limits just north of there) it has been recognized for the last several years as the entrance to the City and is the first thing residents see as they come into the north end of the city. He stated the Commission would like it to be respectful to the entryway to our city and he does not feel that four signs do that. Mayor McDuffie stated he cannot support it and feels it needs to go back to SPRAB and start this again. The City Attorney briefly reviewed the Board Order with the Commission who made findings according to their consensus (attached hereto is a copy and made an official part of the minutes). Mr. Eliopoulos moved to approve the appeal regarding the Site Plan Review and Appearance Board's decision, seconded by Mr. Fetzer. Upon roll call the Commission voted as follows: Mr. Eliopoulos - No; Mr. Fetzer - No; Mr. Frankel - No; Mrs. Gray - No; Mayor McDuffie - No. Said motion to approve the appeal was DENIED with a 5 to 0 vote. 9.B. TEMPORARY USE WAIVER REQUEST/H & H FLOORING: Consider a waiver request to expand the list of allowed temporary uses pursuant to Land Development Regulations (LDR) Section 2.4.6(F), "Temporary Use Permit", to allow temporary outside storage of landscape material at H & H Flooring located at 2004 North Federal Highway. (Quasi-Judicial Hearing) Chevelle D. Nubin, City Clerk, swore in those individuals who wished to give testimony on this item. 11 09/22/09 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 prof ect file #2009-251 into the record. Mr. Dorling stated this is consideration of a waiver request to expand the list of temporary uses allowed under LDR Section 2.4.6(F) and to approve a temporary use permit to allow the temporary storage of landscape material at this site at 2004 North Federal Highway. This request is by the property owner on behalf of an acquaintance of his to store palms for a period of nine months. Mr. Dorling stated it would be no retail sales but only temporary storage of these palm trees until they are dispensed o£ He stated LDR Section 2.4.7(B)(5) talks about the necessary waiver criteria and staff recommends approval at this time of this request for a period of nine months with the expansion of those temporary uses. Mr. Dorling stated this does include a condition along this side and along Dixie Highway there is a chain link fence and it is open. Staff requests that a condition be made that the west side of the outdoor storage area is screened (mesh, perma-hedge, hedge, etc.) at a minimum height of 6 feet. Richard DeSanctis, owner of H&H Flooring, 2004 N. Federal Highway, Delray Beach, FL 33483, stated they have done numerous projects throughout the city are asking for the temporary use for a piece of their property for a fellow man that they have worked for that lost his lease to his nursery in West Palm Beach. Mr. DeSanctis stated these foxtail palms are in 25-35 gallon containers and there will be no irrigation or fertilization. He stated this is temporary storage and he has found a buyer. Mr. DeSanctis stated his property is fenced in and is very secure and noted these are all foxtail palms and is not a mixture of landscape material. Mayor McDuffie stated if anyone from the public would like to speak in favor or in opposition of the temporary use 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). Mr. Eliopoulos moved to adopt the Board Order with the condition that the west side of the outdoor storage area is screened (mesh, perma-hedge, hedge, etc.) at a minimum height of 6 feet, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mr. Fetzer -Yes; Mr. Frankel -Yes; Mrs. Gray -Yes; Mayor McDuffie -Yes; Mr. Eliopoulos -Yes. Said motion passed with a 5 to 0 vote. 9.C. DELRAY HARBOR CLUB MOORING REQUEST: Consider a request from Delray Harbor Club for the Commission to grant permission for the mooring of a boat along the Knowles Park side of their northern seawall. 12 09/22/09 The City Manager stated the City received a request from the Delray Harbor Club to moor a boat. He stated it would be moored on the north side of their seawall which would place it in front of Knowles Park. The Delray Harbor Club indicated that there was a boat moored there years ago. However, it has not been there for quite a while. The City Manager stated they are planning to do some dredging out of silt and removing debris that has accumulated in that area and they will be able to moor a boat there again. The City Manager stated according the City Attorney's office research, under Florida Law the City is entitled to an unobstructed view. The City Manager stated staff could not find where the City Commission ever approved mooring a boat there. there. Mrs. Gray asked if this boat will be larger than the boat that is currently Sheldon Bodnick, Delray Harbor Club Marina Committee Chair, stated they do not anticipate putting anything larger than the boat that is on the east side of the seawall area. NIr. Bodnick stated in recent years from time-to-time we have had boats on the north side in front of Knowles Park but because of the silting over of the area, it has restricted them to relatively small boats. NIr. Fetzer asked if NIr. Bodnick has received permits from the DEP and the Army Corp of Engineers to do that work for them. NIr. Bodnick stated they have not received permits yet. Mr. Bodnick stated they have completed all of the background work required for the permits including biological surveys of the area to determine whether they are in the sea grasses or other biological materials that would be an environmental issue and there is not. NIr. Frankel asked if the mooring of the boat would obstruct anyone's view of the water. NIr. Bobnick stated this would not obstruct anyone's view and feels that by putting a boat there it will be an added feature of the Intracoastal for people to look at. The City Manager made reference to Seawall photo #3. Mayor McDuffie inquired about the permits being in to DEP and the Corp of Engineers. NIr. Bodnick stated they have completed everything and are ready to send it and would like to include the approval of the City. Mayor McDuffie asked what depth they need to go to. NIr. Bodnick stated five foot of water and the spoils will be done in accordance with environmental restrictions. Mayor McDuffie asked what will they do with this boat in the event there is a hurricane. Mr. Bodnick stated since they are going to be attached to the seawall the Delray Harbor Club will not require anybody to leave in the event of a hurricane. NIr. Eliopoulos stated he is supportive of this pursuant to an agreement that the boat be moved in the event of a hurricane. Brian Shutt, City Attorney, stated there is a Florida Statute that is 13 09/22/09 primarily for marina owners and is not sure how this would affect the Delray Harbor Club. Mr. Shutt stated he is not sure if the Delray Harbor Club can force the boat owner to move their boat in the event of a hurricane and would like to research this further. Mayor McDuffie stated the Commission has no problems with the visibility; however they would like safety and liability researched. It was the consensus of the Commission for the City Attorney to bring back an agreement to the Commission after he has researched the safety and liability issues. At this point, the time being 9:13 p.m., the Commission moved to Item 12, First Readings. 12. FIRST READINGS: 12.A. ORDINANCE NO. 55-09: Consider acity-initiated ordinance amending Chapter 96, "Fire Safety and Emergency Services", of the Code of Ordinances by amending Section 96.11, "Fire Safety Community Education", to provide for various fees for Fire Safety Community Education. If passed, a public hearing will be scheduled for October 6, 2009. (ADDENDUIY~ The caption of Ordinance No. 55-09 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 96, "FIRE SAFETY AND EMERGENCY SERVICES", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, BY ENACTING SECTION 96.1 L "FIRE SAFETY COMMUNITY EDUCATION", TO PROVIDE FOR VARIOUS FEES FOR FIRE SAFETY COMMUNITY EDUCATION; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE AND AN EFFECTNE DATE. The City Attorney read the caption of the ordinance. David James, Fire Chief, stated this would cover the costs for the instructors and technicians for two community education programs; one being the Cardio Pulmonary Resuscitation (CPR) Training and the other being the Child Passenger Safety Seat Program. Chief James stated with regard to the Cardio Pulmonary Resuscitation (CPR) Training the current fee charge covers the materials and since the budget has been cut this would provide for the cost of the instructors because the instructors who are used are paid overtime. He stated with regard to the Child Passenger Safety Seat Program those technicians require special training in order to install the seats and this would cover the costs for those employees as well who are also paid overtime. 14 09/22/09 Mr. Eliopoulos moved to approve Ordinance No. 55-09 on FIRST Reading, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mayor McDuffie -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. Frankel -Yes; Mrs. Gray -Yes. Said motion passed with a 5 to 0 vote. At this point, the time being 9:16 p.m., the Commission moved to Item 9.D. of the Regular Agenda. 9.D. DELRAY BEACH MARINA RATES: Consider approval of a proposed rate decrease for the annual per foot rate from $21.00 per month to $18.00 per month for the Delray Beach Marina. Linda Karch, Director of Parks and Recreation, stated this item is for the Commission to consider a request to decrease the per foot rate at the municipal marina from $21.00 per foot per month to $18.00 per foot per month or $.70 per foot per day to $.60 per foot per day. On September 16, 2008, the City Commission approved a flat rate of $.70 per foot per day for all boats at the marina. At that time, the marina had three vacancies. Ms. Karch stated since that time the economy has sharply declined and there are currently eleven vacant slips; eight of whom have recently given notice. Staff recommends that we decrease the rates at the marina in order to help increase the occupancy. Staff recommends the following proposed changes: (1) change annual rate from $.70 per foot per day to $.60 per foot per day, (2) offer a discount of one month rental fee if the renter pays the full year up front, (3) if the annual license agreement is terminated before the agreement expires, 50% of the security deposit will be forfeited. In addition, renters who have paid in full will be back charged for the full $18.00 per foot per month, (4) presently, our daily rate for boaters is $60.00 per day or $1,800.00 per month. Offer a discount of $200.00 for a monthly rental and a $1,500.00 discount on a 6- month rental which would be discounted at the end of the agreement. Brief discussion followed by the Commission regarding lowering the annual per foot rate from $18.00 per month to $16.00 per month. Mr. Fetzer asked if the City can fill the marina at $18.00 a foot. Ms. Karch stated if you have a nearly full marina you have room for transients and the City actually makes a lot more money on a transient boat because they get charged $60.00 per day. She explained that having some empty marina slots is actually beneficial to the City. However, Ms. Karch stated the City has not been getting that many transients lately because of the economy and people are not boating as much because the gas is expensive. Ms. Karch stated at $16.50 it would be about $.55 per foot per day. Staff supports the proposed rate decrease for the annual per foot rate at $16.00 per month. After brief discussion, it was the consensus of the Commission to support decreasing the annual per foot rate from $21.00 per month to $16.00 per month for the Delray Beach Marina. 15 09/22/09 Mr. Frankel moved to approve the proposed rate decrease for the annual per foot rate from $21.00 per month to $16.00 per month for the Delray Beach Marina, seconded by Mrs. Gray. At this point, it was the discretion of the Commission to open this item as a public hearing. Robert G. Killing, 159 Marine Wav, Slip #20, Delrav Beach, FL 33483, suggested that the rate be decreased even further to $12.00 a foot and stated we need to fill the marina. Mr. Killing stated the marina is about 50% filled and there are security problems. He stated at this rate the City will lose more boats. George Asplaud, 159 Marine Wav, Slip #9, Delrav Beach, FL 33483, briefly discussed the Lighthouse Point Marina. Mr. Asplaud stated he has lived in Delray Beach for 15 years, his neighborhood is half abandoned and he does not want to see it get worse. Mr. Asplaud urged the Commission to consider decreasing the rate to $12.00. John Miller, 159 Marine Wav, Slip #10, Delrav Beach, FL 33483, stated he is new to the area and has a daughter who goes to school here. Mr. Miller stated many people do not have money for their houses anymore and the boats are the first things to go. He stated people such as him who are fortunate enough to call a boat their home, still have their home. Mr. Miller stated it is hard for him to justify paying 35-40% more when he can go ten miles one way or the other and actually still be in the same school district and go to a place with more amenities. He stated Delray Beach is a great place and he does not want to leave. Mr. Miller briefly spoke about supply and demand and stated right now there are too many opportunities to go other places for a lot less with more amenities. There being no one else from the public who wished to address the Commission regarding the Delray Beach Marina rates, the public hearing was closed. Albert Gaum, Proiect Coordinator/Parks and Recreation Department, stated $16.00 a foot is a good price for the marina and feels with that price they will be able to fill the marina. Ms. Gaum stated she already received inquiries online from boaters that she needs to respond to and if the City does not fill the marina at least there will be boaters in the slips. She noted that in Stuart they are going to fill the slips and raise the prices. Ms. Gaum stated the City of Boynton Beach is lower than Delray Beach; however, they do not take live-a-boards and they basically want just fisherman in their marina. She briefly spoke about Briny Breezes and Loggerhead. Upon roll call the Commission voted as follows: Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. Frankel -Yes; Mrs. Gray -Yes; Mayor McDuffie -Yes. Said motion passed with a 5 to 0 vote. 16 09/22/09 Mr. Killing suggested that the Commission do the following (1) lower the rate because they can always bring it up according to what happens with the market, (2) clean up the marina, (3) be customer friendly. He stated it is a competitive market and stated the $16.00 is not competitive all around us. 9.E. REQUEST/GREEN MARKET RELOCATION: Consider approval of a relocation of the Green Market to be held on October 31, 2009 through May 15, 2010 from 6:00 a.m. to 2:00 p.m. to grant a temporary use permit per (LDR) Section 2.4.6(F) and closure of S.E. 4th Avenue from just south of the alley, south of Atlantic Avenue to S.E. 1st Street; contingent on the receipt of a Certificate of Liability Insurance and an executed Hold Harmless Agreement. Robert A. Barcinski, Assistant City Manager, stated this is a request for the Commission to approve the relocation of the Green Market from October 31, 2009 through May 15, 2010 and approve a temporary use permit for the use and closure of S.E. 4th Avenue from just south of the alley, south of Atlantic Avenue to S.E. 1st Street, from 6:00 a.m. to approximately 2:00 p.m. Due to the construction of the Old School Square Park, the Green Market needs to relocate this season and has requested to relocate to S.E. 4th Avenue. Staff has been assured through discussions with the developer that work will not start on the Old Library site until after May 2010. The Community Redevelopment Agency (CRA) has agreed to assume all costs to get electric power supply and water to this new location. The only Saturday the City cannot accommodate this request is February 27, 2010 due to the Howard Alan Craft Festival. Mrs. Gray asked if we have spoken to the business owners and expressed concern about closing the road and not having the traffic for the businesses that are there. Lori Nolan, Delray Green Market, stated she has presented a letter to all the business owners and property owners on 4t Avenue and noted that south of the alleyway there is only one business that is open that she knows of on Saturday morning which is a new vintage shop and she is thrilled that the Green Market is going to be there. Ms. Nolan stated there is a yoga studio that was closed but a letter was left in her mailbox and she spoke with SunTrust and have worked out their drive-thru exiting issues because they are open until noon on Saturdays. Mr. Frankel moved to approve the request to relocate the Green Market this season to S.E. 4th Avenue and granting of the temporary use permit for the street closure contingent on the receipt of a Certificate of Liability Insurance and an executed Hold Harmless Agreement, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mr. Fetzer -Yes; Mr. Frankel -Yes; Mrs. Gray -Yes; Mayor McDuffie -Yes; Mr. Eliopoulos -Yes. Said motion passed with a 5 to 0 vote. 9.F. ACTUARIAL SERVICES TO EVALUATE POSSIBLE POLICE AND FIRE PENSION PLAN CHANGES: Consider selection of an actuary to use for a review of potential Police Fire Pension Plan changes. 17 09/22/09 The City Manager stated staff met with the General Employees Pension Plan actuary Steve Palmquist to talk about possible changes in both the City's pension plans. The City has directed Mr. Palmquist to evaluate the possible changes to the General Employees Pension Plan and he recommended that we request permission from the Police and Fire Pension Board to have their actuary evaluate possible changes to the Police and Fire Pension Plan. The City Manager stated he was concerned with the response of the Police and Fire Pension Board and felt like they were asking for a degree of involvement that was inappropriate since the City would be paying for the study particularly about them wanting the actuary to report to the Board before releasing information to anyone else. Mr. Frankel stated he attended the meeting and noted that the actuary for the Pension Board felt this would be a conflict. Mr. Frankel stated he supports going outside the City and inquired whether or not it is appropriate to do an RFP for this. The City Manager stated the City has an actuary onboard for the General Employees Pension Plan and feels it is important to start working on next year's budget now and noted this is a major part of the City's rising expenses. The City Manager stated rather than wait 6 or 8 weeks to select someone through the RFP process, he would rather ask Mr. Palmquist for a proposal and if it appears acceptable to go ahead and engage him for this. It was the consensus of the Commission to direct staff to obtain a proposal from Mr. Palmquist. At this point, the City Manager stated it is very important that once the City receives information on the impact of various changes to involve employees. He stated Chief Strianese has already suggested setting up an employee group to review various options and give their input on possible changes. The City Manager stated he believes everyone recognizes that potentially the City's current situation is not sustainable and would like to be sure to treat everyone as well as they can in making changes. 9.G. REQUEST FOR PROPOSAL (RFP) FOR PROFESSIONAL AUDITING SERVICES: Consider approval to issue an RFP (Request for Proposal) for professional auditing services to review franchise fees and charges by Waste Management for the fiscal year starting October O1, 2008 through September 30, 2009. Joseph Safford, Finance Director, stated the City Manager advised him at a previously Commission meeting requesting an audit of the Waste Management franchise fees. Mr. Safford stated staff contacted the City's external auditors to see if they were interested and because of year-end this is their busy season as far as municipal governments, County governments, school districts, etc. they do not appear interested. He stated he thought of contacting Howard Ellingsworth to see if his firm would be interested. Mr. Safford stated Waste Management states that per our contract the City can only have an audit performed by an auditing firm not an accounting firm. Mr. Safford stated the City is looking for an independent third party to confirm the franchise fees. Mr. Ellingsworth advised him that it would probably cost approximately $10,000- 18 09/22/09 $20,000. Mr. Safford stated before he goes out for an RFP he would like to see if the Commission is interested in approving a budget of $10,000-$20,000 to have the audit of the Waste Management franchise fees. The City Manager stated recommends that the Commission approve this. Mr. Safford stated if this is approved this will be coming out of the Sanitation Fund. The City Manager stated staff also talked to some firms that specialize in franchise audits but what they do is determine whether you are getting fees within your boundaries. Mr. Safford stated the City's external auditors contacted another auditing firm and they came up with the name of a person who specifically does franchise fee audits and utility tax audits. Mr. Eliopoulos asked when staff is suggesting the City go out for an RFP. The City Manager and Mr. Safford suggested that the City go out for an RFP immediately. The City Manager stated he wants to make sure that the Commission is comfortable with the audit assignment and that it covered everything that needed to be covered and that is what staff will put in the RFP. Mr. Fetzer stated we need acustomer-by-customer breakdown of the fees when the fees change from September to October and this should be in the audit. He stated the City has to have transparency with this and the City needs somebody to do this as a CPA and is in favor of moving forward. Mr. Safford stated the City wants to make sure that the City's commercial customers are paying the rates that are in our ordinance and if they are paying the correct rates then the franchise fee on those rates should equal a certain amount and then that should equal the amount that is actually transmitted to the City. Mr. Frankel concurs with Commissioner Fetzer that we thanked the Budget Task Force and feels that Mr. Ken MacNamee has been the Task Force for this. It was the consensus of the Commission to proceed with the RFP (Request for Proposal) for professional auditing services to review franchise fees and charges by Waste Management for the fiscal year starting October 1, 2008 through September 30, 2009. 9.H. SELECTION OF NEW DEPUTY VICE MAYOR: Select a new Deputy Vice Mayor to serve until March 25, 2010. Mr. Eliopoulos moved to appoint Adam Frankel as the new Deputy Vice Mayor to serve until March 25, 2010, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mr. Frankel -Yes; Mrs. Gray -Yes; Mayor McDuffie - Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes. Said motion passed with a 5 to 0 vote. 19 09/22/09 9_I. COMMISSION LIAISON APPOINTMENTS/SEAT #4: Reassignment of City Commission Seat #4 Liaison Appointments to various Advisory Boards and outside agencies. The Commission designated a liaison to the various boards and outside agencies previously covered by former Commissioner Bernard. At this point, it was the consensus of the Commission to postpone the Intergovernmental Coordination Issues Forum appointment (alternate member) to the regular meeting of October 6, 2009. 9_J. INTERLOCAL AGREEMENT/COMMUNITY REDEVELOPMENT AGENCY FOR FUNDING OF CONSTRUCTION/PROFESSIONAL SERVICES: Consider approval of an Interlocal Agreement with the Community Redevelopment Agency (CRA) for the funding of construction costs and professional services for certain projects as listed on Exhibit "A" attached to the Agreement for FY 09/10. (ADDENDUM) Brian Shutt, City Attorney, stated this is an agreement between the City of Delray Beach and the Community Redevelopment Agency (CRA) where the CRA is providing funding to certain projects that are in the CRA area for the fiscal year 2009/2010 and they are on the attached list to the agreement. Mr. Fetzer moved to approve the Interlocal Agreement contingent upon the CRA Board approving this agreement at their September 24, 2009 meeting, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mrs. Gray -Yes; Mayor McDuffie -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. Frankel -Yes. Said motion passed with a 5 to 0 vote. At this point, the time being 7:01 p.m., the Commission moved to the duly advertised Public Hearings portion of the Agenda. 10. PUBLIC HEARINGS: 10.A. RESOLUTION NO. 47-09 (FINAL MILEAGE LEVY): A resolution levying a tax on all properties within the City of Delray Beach for operation and maintenance and for payment of principal and interest on bonded indebtedness for FY 2010. The caption of Resolution No. 47-09 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, TO LEVY A TAX ON ALL PROPERTIES WITHIN THE CITY OF DELRAY BEACH, FLORIDA, FOR MAINTENANCE AND OPERATION, AND TO LEVY A TAX FOR THE 20 09/22/09 PAYMENT OF PRINCIPAL AND INTEREST ON BONDED INDEBTEDNESS, AND TO ALLOCATE AND APPROPRIATE SAID COLLECTIONS THEREUNDER. office.) (The official copy of Resolution No. 47-09 is on file in the City Clerk's 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 Attorney stated Resolution No. 47-09 sets the final operating millage rate proposed for fiscal year 2010 is 7.19. The final fiscal year 2010 operating millage is 7.19, while the final fiscal year 2010 debt service millage is 0.5316. The City Attorney stated the rollback rate is 7.3833 mills and the operating millage of 7.19 is 2.62% less than the rollback rate. The City Manager stated the property tax revenue in the current fiscal year is $54,000,000.00 and in 2007 it was $59,000,000.00. He stated at 7.19 mills the projected fiscal 2010 property tax revenue will be $52,000,000.00; adecrease of 4% from the current fiscal year. The City Manager stated the property tax has gone down 12% since 2007 and the majority of the tax payers will see a tax decrease; however, because of the way Save Our Homes Amendment works a lot of people who have been in homesteads for a good number of years will see their taxes go up. The City Manager stated Department Heads were informed at the beginning of the year that we had a very tight budget year. The initial request submitted by Department Heads totaled a little over $100,000,000.00. The fiscal 2009 adopted budget was $99,000,000.00. The City Manager stated with the City Commission working with staff they have cut about $4,000,000.00 from the initial budget request. The proposed fiscal 2010 budget is $96.6 million which is a 2 '/z percent decrease over the budget for the current year. The City Manager stated the City has cut funding for 14 positions resulting in 3 layoffs; last year and this year the City has cut funding for a total of 51 full-time positions and a little more than 6 full-time equivalence in part-time positions. The budget freezes salaries and wages and changes the number of services that the public will see; the City is freezing two vacant Code Officer positions; eliminated the Animal Control functions; eliminated the annual brochure that Parks and Recreation has been producing; eliminated the performances in Veteran's Park; the Pompey Park pool will be closed on Tuesdays October-April (only open Wednesday-Saturday); cutting all the evening hours at the Veteran's Park Adult Center; the Teen Center will open at 3:00 p.m. instead of 2:00 p.m. and be closed on Sundays; Catherine Strong Center will open at 9:00 a.m. instead of 8:00 a.m. and closing at 6:00 p.m. instead of dusk; eliminated all out-of-school program field trips; cut overtime for fire safety community education courses; eliminated the college tour at Pompey Park and cut back the diva coaches and computer instruction by 25%; the Delray Swim and Tennis Center will close at noon on Saturday and all day Sunday; the library grant was reduced 5% ($76,500.00) and they are looking at reducing the hours that the library will be open. The City Manager stated those are the major changes 21 09/22/09 although there are a lot of other things cut but are probably not all that visible to the general public. Mayor McDuffie declared the public hearing open. Dr. Victor Kirson, President of the Board of Directors of Tierra Verde at Delrav Beach, sits on the Police Advisory Board (PAB), Vice President of Progressive Residents of Delrav Beach (P.R.O.D.), stated he has attended all the City Commission meetings and Workshops and commended the City Manager, Mayor McDuffie, Mr. Frankel, Mrs. Gray and Mr. Eliopoulos. Veronica Cherrv, 1111 South Ocean Boulevard, Delrav Beach, FL 33483, suggested that the Commission not raise the millage rate by holding off the $6 million Miller Park baseball complex and have the league's use the four public schools that have baseball fields, hold off on the CRA's six beautification projects, concentrate City efforts the $3.3 million from the Federal stimulus funding and $20 million from the U.S. Housing and Urban Development. Mrs. Cherry urged the City to not compromise the Police and Fire for obvious reasons and do not lay off City workers that will only increase the unemployment fallout. She stated between savings, Federal funding and waiting one year for the economy to improve as predicted by the economists the City can assess the budget next year without such a burden. Eric Cherrv, 1111 South Ocean Boulevard, Delrav Beach, FL 33483, stated he runs businesses and does not have the luxury to make cuts and make the customers pay. Mr. Cherry stated if the taxes and the assessments were voluntary then people could make a choice whether or not they want to do it. He stated he does not feel that the City has made drastic enough cuts. Jane Russo, speaking on behalf of the Realtors Association of the Palm Beaches, thanked the City Commission for aggressively trying to lower the millage rate and is pleased to see that the City has devised a Budget Task Force in order to find deeper budget cuts. Ms. Russo urged the Commission to consider those residents that are scrapping by just to make ends meet. She stated the services Delray Beach offers are great but as a realtor the first question any potential homeowner asks them is how much are the taxes and how much is the insurance. Pauline Moody, 609 S.W. 8th Avenue, Delrav Beach, FL 33444, congratulated the Commission for cuts that they have made and feels with regard to the employees there are some innocent employees who have worked hard and have never received the amount of money that they need because they have been doing other peoples job that the City is not paying them for. Christina Morrison Pearce, 2000 South Ocean Boulevard #307, Delrav Beach, FL 33483 (appealing on behalf the property owners throughout the City), stated at the last meeting she presented documentation to the Commission showing that some of the core beautiful properties along Atlantic Avenue are having 12% 22 09/22/09 increases again next year with the new budget. Ms. Pearce thanked the Commission, the City Manager, and the Budget Task Force for their hard work on the budget. She stated hopefully next year the City can realize some real cut in expenses to try to save our core businesses downtown. Ms. Pearce stated the City has dropped over 900 business licenses in the last year; 12% tax increases on some of our core downtown business properties; 30 vacant storefronts on Atlantic Avenue between Swinton Avenue and Ocean Boulevard and the side streets in Pineapple Grove have more vacancy. She urged everyone to start tomorrow on next year's budget to try to cut expenses. Tom Glanfield, 1101 Beach Drive, Delray Beach, FL 33483 (lived in Delray Beach for 12 years and prior to that he lived in Boca Raton), stated he moved to Delray Beach for all the fine things that the City has done. Mr. Glanfield expressed concern that we are going to be looking at ourselves in five years and we are going to have some issues that we should have addressed tonight and this year that he does not think we are properly addressing. Mr. Glanfield stated in five years if we continue to let our expense base exceed our revenue base and we don't dip into appropriate reserves or we don't do other cuts or we don't forestall different types of borrowings not only are we going to see our housing values decrease but Delray Beach will be looked at as what a great place to go because the values are so cheap and people will ask about the taxes. Phil Colnon, 680 N.W. 11th Street, Delray Beach, FL 33444, stated that next year the City will be faced with the same issues and feels that we need to look at the overall situation from start to finish. Mr. Colnon stated the budget needs to be reduced and feels that the City should be protecting the taxpayers and not the City employees. He stated every business has reduced the number of employees and feels we should look at everything across the board from top to bottom because in seven years expenses have gone up 84%. Amy Keown, 1620 N.W. 22°d Avenue, Delray Beach, FL 33445 realtor stated the City needs to be more frugal with our expenses and holding the line on taxes. Ms. Keown stated if raising taxes is not the solution then the only way to balance the budget is to cut the costs and reduce the size of our government. She stated if no one moves to the City of Delray Beach then there is no one to pay the expenses. Ms. Keown suggested that the City pursue technology centers to relocate their companies to our area, to increase homeownership and increase revenue. She urged the Commission to keep a beautiful city to live, work, and play in not at the citizens expense. Tom Honker, 615 Wiggin Road, Delray Beach, FL 33444 (resident for 45 ears concurred with comments expressed by Mr. Glanfield and Mr. Colnon and feels the City is in danger of being on a slippery slope where you raise property taxes and property values drop then you need to raise taxes more and property values drop more. Mr. Honker stated from 2005 to the present day his property values dropped approximately 40% and many homeowners have seen a 50% or more drop in value. Mr. Honker stated he has had to cut his living budget in half and encouraged frugality for City for the interest of homeowners. 23 09/22/09 Shelly Petrolia, 2002 N.W. 4th Avenue, Delrav Beach, stated the consensus is that the public needs relief and needs it bad. Mrs. Petrolia stated we need to be looking at this from an overall standpoint of how this is going to affect us for the next 5-10 years down the road. She suggested that the City look at its payroll and pension funding and unless we start addressing it now it will send us over the edge in the future. Ms. Petrolia stated there was a comment made at the last meeting about the City of Boca having fees as a means of keeping their budget low and one of the fees that were going up 100% was the garbage fee and the firefighter's fee was going up 25%. She stated that is a $15.00 increase for the year and this is not what Delray Beach is looking at and noted when talking about mills that is an entirely different situation. Alvin Shanus, 1050 Citrus Way, Delrav Beach, FL 33445 (representing Pines of Delrayh stated for the year 2008 there was a 50% increase for trash pickup by Waste Management. Mr. Shams stated they understand the billing for water and sewer because that is metered; however, they have 30 garbage dumpsters on their property and they get billed for 115 buildings. There being no one else from the public who wished to address the Commission regarding Resolution No. 47-09, the public hearing was closed. NIr. Frankel stated the economy is poor and no one wants higher taxes. He stated when the Commission first started this process the City budget was short about $10.3 million and when the Commission met several weeks ago they talked about having a rate at 7.651 and he felt this was much too high. NIr. Frankel stated throughout the last month or so as a Commission and City government they worked very hard. He stated the City Manager and the Department Heads weekly found ways to make cuts and follow the recommendations of the Budget Task Force. NIr. Frankel the City Attorney also had input and he has met with the Police and Fire. Mr. Frankel stated they do not want to cause any safety issues for the City. He stated the Commission has heard from City employees on cuts they have had and how this will affect them and many of the residents who have spoken during public comments and have sent the Commission countless emails some asking to keep City services but a majority (especially the realtors) want to keep the millage the same. NIr. Frankel stated the Commission has worked diligently and has met more than any City Commission in the past to deal with these issues. Mr. Frankel stated you want to maintain essential City services and maintain the safety of the residents as well as maintain the safety of our fire and police, and take into consideration the events that define the character of our City. Mr. Frankel stated he has been very vocal regarding cutting out luxuries and as a Commission they have done things respectfully and what they believe to be in the best interest of the City and the residents. He stated in the last weeks he believes all of us as City government, City employees, residents, and the City Commission that we need to share in this together. NIr. Frankel stated in the past he has stated he wanted the millage at 7.0 or lower; however, after going through week and trying to strike out things that the Commission thought they could cut but not affect our city, he could not see how this could be done. NIr. Frankel stated at the Workshop Meeting he proposed that the millage rate be 7.19 because he felt it was a compromise and a number where the City is contributing (taking money out of 24 09/22/09 reserves to get to that number), City employee and Police and Fire have made cuts, and the residents are contributing. Mr. Frankel stated he feels the millage rate is a fair and equal balance and supports 7.19 as the City's millage rate. NIr. Fetzer stated this has been a tough budget process and the Commission has tried to act professionally with regard to dealing with this. He stated they are not going to be able to please everyone and noted the Commission has received correspondence on both sides. NIr. Fetzer stated he had suggested that the City Manager prepare the Commission a list of proposed budget cuts to get us to the 6.39 millage rate and the City Manager did that. Mr. Fetzer stated the Commission went through the list line item per line item approximately three times and some of those cuts he could not support. He suggested other alternatives and that the City look at raising fees. NIr. Fetzer stated people that cause additional costs in the City need to be paying their fair share in fees. The Commission reviewed fees and raised fees by almost $1 million. NIr. Fetzer stated he also suggested that the Commission look at the City's reserve levels. Mr. Fetzer stated several years when he was on the Commission they discussed a strategic goal of 15-25% of our operating budget to be an adequate level of reserves which was at 7% when the City Manager many years ago. NIr. Fetzer stated the City is currently at 18- 19% and he suggested that the City take some of that money out of reserves to help us make up some of this gap that we are facing. He suggested that we talk to the unions about some minimal employee concessions to help the City make up this gap and not put the entire burden on the taxpayers. Mr. Fetzer stated many Delray residents are on fixed incomes and even a small increase in taxes makes a big impact on their lives. Mr. Fetzer stated a 7.19 millage rate increase is a 12 '/z increase in our tax rate. He stated higher taxes negatively impact our real estate market, job retention and j ob creation, impact the regions ability to recovery, and leaves less money in the homeowners' pockets. Mr. Fetzer stated property values went down an average of 15% and if people lose value in their property government needs to be responsive and actively reduce its cost as well. He stated we need to start tomorrow on next year's budget with a broader more innovative approach which leaves no option out. Mr. Fetzer stated he feels the need to stand up for the taxpayers of the city who need and deserve low taxes in these very difficult economic times. Therefore, NIr. Fetzer stated he will not support the budget this evening. Mrs. Gray stated this has not been a "win-win" situation and everyone has had to participate in the cuts. She stated the City has increased fees, cut jobs, cut much needed programs, and are looking at reserves. Mrs. Gray stated 7.19 is a medium that she can support to help balance the City's budget. NIr. Eliopoulos stated he agrees that after going through this week after week and trying to find ways of cutting you come to some realization of have we gone as low as we can go and the Commission is here to protect the citizens' investment. He stated this Commission got hit in 2007 and has been working on the shortfall since then. NIr. Eliopoulos stated the Commission implemented the Budget Task Force and noted that a permanent is being appointed for the Budget Task to continue to review everything that is being done. Mr. Eliopoulos stated there was a comment about how the City invests in the downtown and the money that the Downtown Development Authority 25 09/22/09 (DDA) spends in advertising, etc. and he agrees that a lot of the times you are investing to bring people to Delray Beach. He agrees that the realtors see it first on one end and the businesses people see it on the other end. Mr. Eliopoulos stated taxes are an issue and we have to keep looking at ways how we can get it down. He stated the City has to protect its citizens and its investment, and noted City employees are also protecting the investment because they are the ones that are serving the public. NIr. Eliopoulos stated cuts have to be done in small measurements and does not support going into reserves although he has supported dipping into the reserves to a certain amount. NIr. Eliopoulos stated would like to see if the Commission can get lower than 7.19 mills. Mayor McDuffie thanked everyone for attending this evening. He stated he has never seen as protracted an effort in his time here as he has seen with all his colleagues this year. Mayor McDuffie stated the Commission started working on the budget months ago with a $10.3 million list of things the City could have cut which would have decimated the City of Delray Beach. Mayor McDuffie stated the Commission has looked for everything they could possibly trim from the budget without taking away the services and the things that make this city unique and also taking the ability of the city to face the future and realize the vision that the people who came before this Commission set for the City of Delray Beach. Mayor McDuffie stated he is proud to have lived in Delray Beach since 1946 and has watched the change in the 1980's as we came out of a dead Atlantic Avenue, adult book stores, blight areas along US-1 corridors and nothing on Linton Boulevard. He stated through a visioning process that has encompassed years and thousands of residents who have sat through hours of putting together a vision of where they want their elected officials to take this community. Mayor McDuffie stated with the issues with restrictions with what local governments can collect and noted that when Amendment One came along it capped residential and commercial. He stated everything now is capped at either 3% or 10% and further capping and restricting what local governments can collect. Mayor McDuffie stated the City has reduced ways to reduce the budget and is looking at increased automation and find efficiencies of what it would cost to run the City with less people. He stated through many weeks and hundreds of hours the Commission has not found a way to get the millage lower without crippling the community. Mayor McDuffie supports 7.19 mills and stated the City is going to be looking at cutting more money out of this budget next year and the year after. The City Manager stated $621,210.00 in reserves to be contributed at 7.19 mills. Mayor McDuffie asked if the City lost any revenues since last week in the projections. The City Manager stated the City did not lose any revenues. Mrs. Gray asked how much is in reserves. The City Manager stated the City has approximately $18 '/z million in reserves. Mayor McDuffie stated the Commission has worked to increase the reserves and noted that reserves are for a number of things. He stated if the City is hit by 26 09/22/09 a hurricane and has to wait for FEMA to come back with money then the City is in trouble unless it has money to front the bill before FEMA comes in. Also, Mayor McDuffie stated with regard to ad valorem revenues, virtually no ad valorem revenues come into the City the first quarter of the fiscal year so the City has to front the first quarter of fiscal year of ad valorem revenues out of reserves as well (approximately $13 million). He stated one-tenth of a mil equates to $700,000.00. Mr. Frankel asked when the Budget Task Force will be seated and feels this should be looked into for the first meeting in October. Mr. Frankel stated the Budget Task Force did a great j ob and the permanent board will do an invaluable j ob as well. Mayor McDuffie inquired about drafting an ordinance to seat the permanent Budget Task Force. The City Manager stated either a resolution or an ordinance can be drafted. Mayor McDuffie also inquired about the Green Task Force. The City Manager stated the Green Task Force has a meeting scheduled for next month. Mr. Frankel moved to approve Resolution No. 47-09 setting the 2010 millage rate at 7.19, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mr. Frankel -Yes; Mrs. Gray -Yes; Mayor McDuffie -Yes; Mr. Eliopoulos - Yes; Mr. Fetzer - No. Said motion passed with a 4 to 1 vote, Commissioner Fetzer dissenting. 10.B. RESOLUTION NO. 48-09 (MILEAGE LEVY/DDA): A resolution levying a tax on all properties within the Downtown Development Authority Taxing District of the City of Delray Beach for FY 2010. The caption of Resolution No. 48-09 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, TO LEVY A TAX ON ALL PROPERTIES WITHIN THE DOWNTOWN DEVELOPMENT AUTHORITY TAXING DISTRICT OF THE CITY OF DELRAY BEACH, FLORIDA, FOR MAINTENANCE AND OPERATION, AND TO APPROPRIATE SAID COLLECTIONS THEREUNDER. (The official copy of Resolution No. 48-09 is on file in the City Clerk's office.) A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. The City Attorney stated Resolution No. 48-09 which levies a tax in the amount of 1.0 mill on all properties within the Downtown Development Authority 27 09/22/09 (DDA) Taxing District of the City of Delray Beach for fiscal year 2010. The final millage rate of 1.0 for the DDA will not increase from fiscal year 2009 and is 16.55% below the rolled-back rate (1.1982). Mayor McDuffie declared the public hearing open. There being no one from the public who wished to address the Commission regarding Resolution No. 48-09, the public hearing was closed. Mr. Eliopoulos moved to approve Resolution No. 48-09 (approving the final DDA millage rate for fiscal year 2010), seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mrs. Gray -Yes; Mayor McDuffie -Yes; Mr. Eliopoulos - Yes; Mr. Fetzer -Yes; Mr. Frankel -Yes. Said motion passed with a 5 to 0 vote. 10.C. RESOLUTION NO. 49-09 (BUDGET ADOPTION FOR FY 2010): A resolution making appropriations of sums of money for all necessary expenditures of the City of Delray Beach for the period October 1, 2009 through September 30, 2010. The caption of Resolution No. 49-09 is as follows: office.) A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, MAKING APPROPRIATIONS OF SUMS OF MONEY FOR ALL NECESSARY EXPENDITURES OF THE CITY OF DELRAY BEACH FOR THE PERIOD FROM THE 1sT DAY OF OCTOBER, 2009, TO THE 30TH DAY OF SEPTEMER, 2010; TO PRESCRIBE THE TERMS, CONDITIONS AND PROVISIONS WITH RESPECT TO THE ITEMS OF APPROPRIATIONS AND THEIR PAYMENT; AND TO REPEAL ALL RESOLUTIONS WHOLLY IN CONFLICT WITH THIS RESOLUTION AND ALL RESOLUTIONS INCONSISTENT WITH THIS RESOLUTION TO THE EXTENT OF SUCH INCONSISTENCY. (The official copy of Resolution No. 49-09 is on file in the City Clerk's 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 attached to the resolution is Exhibit "A" which gives the overall numbers for the budget and includes from prior year surplus $621,210.00 and the total budget is $96,636,980.00. He stated there is no contingency in this budget. 28 09/22/09 Mr. Eliopoulos inquired about the Family Recreation and Fitness Center that the voters voted on and asked how the Commission plans to approach this. The City Manager stated staff will need direction from the Commission and suggested that we should go ahead at some point and get those plans revised. The City Manager stated this was designed in such a way that it could be built in two phases and suggested in order to fulfill the City's obligation to the voters, that the Commission look at the first phase as soon as financial conditions allow. The City Attorney stated he can research this to see if there is a certain timeframe that the City would have to take action by on that. Mayor McDuffie asked about the debt service restructuring coming up on the City's bond payments. The City Manager stated that drop in debt service occurred this year. Mr. Fetzer asked if this resolution covers both the Capital Improvement Plan and the General Fund. The City Manager stated these have to be voted on separately. Mr. Frankel moved to approve Resolution No. 49-09 (adopting the fiscal year 2010 Budget), seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mayor McDuffie -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer - No; Mr. Frankel - Yes; Mrs. Gray -Yes. Said motion passed with a 4 to 1 vote, Commissioner Fetzer dissenting. 10.C.1. APPROVAL OF FIVE YEAR CAPITAL IMPROVEMENT PLAN: Accept the Planning and Zoning Board's finding that the proposed Five Year Capital Improvement Plan and FY 2010 Capital Improvement Budget are consistent with the Comprehensive Plan, and approve same. Paul Dorling Director of Planning and Zoning, reported that the Planning and Zoning Board reviewed the Capital Improvement Plan last night at their meeting and did find it consistent with the Comprehensive Plan as required by State law. Mayor McDuffie declared the public hearing open. There being no one from the public who wished to address the Commission regarding the Five Year Capital Improvement Plan, the public hearing was closed. Mr. Eliopoulos moved to approve the Five Year Capital Improvement Plan, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. Frankel -Yes; Mrs. Gray -Yes; Mayor McDuffie -Yes. Said motion passed with a 5 to 0 vote. 29 09/22/09 10.D. RESOLUTION NO. 42-09/ACQUISITION OF PROPERTY/706 S.W. 2~~STREET: Consider approval of Resolution No. 42-09 authorizing the City to purchase property located at 706 S.W. 2"d Street. Funding is available from 118-1934- 554-62.10 (Neighborhood Services/Capital OutlayBuilding). (STAFF RE~tIESTED THIS' ITEM BE POSTPONED) For the record, the City Attorney stated there was a public notice sent out for this item; however, staff is requesting that Resolution No. 42-09 be postponed. Mr. Eliopoulos moved to postpone Resolution No. 42-09, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mr. Fetzer -Yes; Mr. Frankel -Yes; Mrs. Gray -Yes; Mayor McDuffie -Yes; Mr. Eliopoulos -Yes. Said motion passed with a 5 to 0 vote. 10.E. ORDINANCE NO. 45-09: An ordinance amending Chapter 51, "Garbage and Trash", of the City Code of Ordinances by amending Section 51.70, "Regular Charges Levied", to provide for decreased residential and commercial collection service rates for FY 2010. The caption of Ordinance No. 45-09 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 51, "GARBAGE AND TRASH", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, BY AMENDING SECTION 51.70, "REGULAR CHARGES LEVIED", TO PROVIDE FOR DECREASED RESIDENTIAL AND COMMERCIAL COLLECTION SERVICE RATES FOR FY 2010; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 45-09 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. The City Manager stated this ordinance has a 2% rate decrease because of the way the City's franchise agreement is structured it is due to the decrease in diesel fuel costs. He stated when the City changes from an exclusive C&D franchise with Waste Management and opened it up, Waste Management to compensate for that increased the monthly cost for single-family by an additional $.20 and multi-family by $.10 per month. The City receives some additional franchise fee revenue as well as application fees and 30 09/22/09 the beneficiaries of the competition are the builders. The City Manager stated that we should stop passing that additional cost through to residential properties and further reduce our rates for garbage collection by $.20 for single-family units and $.10 for multi- family. For example, the City Manager stated rollout carts for single-family instead of garbage collection being $6.00 it would be $5.80 for that part of the cost; rear-door would decrease to $15.57; curbside in bags would decrease to $3.85; for multi-family would decrease from $3.03 per unit to $2.93 per unit. Mr. Eliopoulos inquired about the changes. The City Manager stated when the City was considering whether or not to do the five-year extension with Waste Management on the franchise agreement they made two proposals; one proposal was if the City allowed them to keep C&D exclusive and the second proposal was if the City did not allow Waste Management to keep C&D exclusive and opened it up to competition and in that proposal Waste Management increased the cost over the exclusive proposal by $.20 per single-family unit and $.10 per multi-family unit. The City Manager suggested that the City not pass through to our residential users that additional $.20 per single- family and $.10 per multi-family unit. Mayor McDuffie asked the City Manager to draft a response to Mr. Shams from the Pines of Delray regarding his concerns. The City Manager stated the reason he is billed that way is because multi-family is billed per unit and not per container. Mayor McDuffie declared the public hearing open. There being no one from the public who wished to address the Commission regarding Ordinance No. 45-09, the public hearing was closed. Mr. Fetzer moved to adopt Ordinance No. 45-09 on Second and FINAL Reading as amended, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mr. Frankel -Yes; Mrs. Gray -Yes; Mayor McDuffie -Yes; Mr. Eliopoulos - Yes; Mr. Fetzer -Yes. Said motion passed with a 5 to 0 vote. 10.F. ORDINANCE NO. 46-09: Consider a city initiated amendment to Chapter 71, "Parking Regulations" of the Code of Ordinances by amending Section 71.058, "Cost of Parking or Standing Vehicles in Certain Metered Spaces", to provide for the meter fee charged and listing the parking lots affected; and by enacting Subsection 71.065, "Parking Garages", to provide for the regulation of public parking garages. The caption of Ordinance No. 46-09 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 71, "PARKING REGULATIONS" OF THE CODE OF ORDINANCES BY AMENDING SECTION 71.058, "COST OF PARKING OR STANDING VEHICLES IN CERTAIN 31 09/22/09 METERED SPACES", TO PROVIDE FOR THE METER FEE CHARGED AND LISTING THE PARKING LOTS AFFECTED; AND BY ENACTING SUBSECTION 71.065, "PARKING GARAGES", TO PROVIDE FOR THE REGULATION OF PUBLIC PARKING GARAGES, PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 46-09 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. Scott Aronson, Parking Management Specialist, stated the ordinance increases on-street parking meter fees from $1.00 per hour to $1.25 per hour and fees in the parking lots along the beach and A-1-A remain at $1.00 per hour. Mr. Aronson stated the ordinance also provides for the regulation of public parking garages. He stated the ordinance also provides that the City charge fees for parking in the garages on Thursday, Friday and Saturday evenings (peak periods) $5.00 per car. Mr. Aronson stated the ordinance also addresses banning skateboarding, rollerblading loitering and consumption of alcohol within the buildings. NIr. Frankel asked why some of the lots are going to stay at $1.00. Mr. Aronson stated when staff presented this they felt the option to keep one of the lots at $1.00. NIr. Aronson stated the parking lots now with the credit card use have seen a drastic increase in the revenue. He stated this will help to get some of the traffic off A-1- A and into some of the lots that are less utilized than on-street parking. Mr. Frankel stated he feels the increase should be $1.25 everywhere. Mrs. Gray asked if there are any plans in the future to have all of the meters become credit card friendly. NIr. Aronson stated during the bid process there was direction from the Commission to separate to have single-head meters on A-1-A for enforcement purposes and staff is going to try to negotiate a test program with a single meter company that now accepts credit cards. It was the consensus of the Commission to increase the parking meter fees from $1.00 to $1.25 . Mayor McDuffie inquired about the enforcement on the beach of the parking meters. He asked if people can go to the credit card device and find out the spaces that are expired just from that device or do they have to go through the parking lot. NIr. Aronson stated the City recently changed to a "pay and display" where the receipt needs to be placed on the dashboard of the vehicle. However, they still have to 32 09/22/09 physically go to each vehicle to see if someone has the parking sticker. Mayor McDuffie declared the public hearing open. George Mancini, 1014 Bay Street, Delray Beach, FL 33483, stated this is good that the City wants to increase the fee from $1.00 to $1.25; however, after 4:00 p.m. nobody is writing tickets for violations. this. The City Manager stated the Police Department has started investigated Mr. Mancini stated there are 20-30 parking violations every night he rides his bike along Atlantic Avenue. There being no one else from the public who wished to address the Commission regarding Ordinance No. 46-09, the public hearing was closed. Mr. Eliopoulos moved to adopt Ordinance No. 46-09 on Second and FINAL Reading with the amendment that all parking lots be increased to $1.25, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mrs. Gray -Yes; Mayor McDuffie -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. Frankel -Yes. Said motion passed with a 5 to 0 vote. 10.F.1. RESOLUTION NO. 50-09: Consider adoption of Resolution No. 50-09 which establishes certain rules, regulations and fees to govern the Federspiel and Old School Square parking garages. The caption of Resolution No. 50-09 is as follows: office.) A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, APPROVING THE ATTACHED REGULATIONS AND FEES FOR THE OLD SCHOOL SQUARE AND FEDERSPIEL PUBLIC PARKING GARAGES. (The official copy of Resolution No. 50-09 is on file in the City Clerk's The City Attorney read the caption of the resolution. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Scott Aronson, Parking Management Specialist, stated Resolution No. 50- 09 establishes certain rules, regulations and fees to govern the Federspiel and Old School Square parking garages. 33 09/22/09 Mayor McDuffie declared the public hearing open. Christina Morrison Pearce, 2000 South Ocean Boulevard #307, Delray Beach, FL 33483, stated in the Budget Workshop meeting this was discussed and the fact that the City is going to charge for the parking garages but on the street it is free. Ms. Pearce suggested that there be meters on the street outside the Old School Square garage. The City Manager stated the City has a consultant engaged to do a comprehensive parking management study and staff feels it is important to get their advice on exactly what to do as far as on-street meters including the entire downtown. There being no one else from the public who wished to address the Commission regarding Resolution No. 50-09, the public hearing was closed. Mr. Frankel stated he supports this resolution with the hopes that the parking study showing that for the City that we need to put meters. parking study. Mr. Fetzer stated he views this as an interim measure until we get the full Mrs. Gray moved to approve Resolution No. 50-09, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mayor McDuffie -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. Frankel -Yes; Mrs. Gray -Yes. Said motion passed with a 5 to 0 vote. 10.G. ORDINANCE NO 47-09: Consider a city-initiated amendment to Chapter 92, "Boats and Boating", by amending Section 92.32, "License Agreement for Boat Dockage", and Section 92.33, "Dockage Rates and Fees", to clarify certain language in the license agreement and to modify certain rate structures. The caption of Ordinance No. 47-09 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 92, "BOATS AND BOATING", BY AMENDING SECTION 92.32, "LICENSE AGREEMENT FOR BOAT DOCKAGE", AND SECTION 92.33, "DOCKAGE RATES AND FEES", TO CLARIFY CERTAIN LANGUAGE IN THE LICENSE AGREEMENT AND TO MODIFY CERTAIN RATE STRUCTURES, PROVIDING A GENERAL REPEALER CLAUSE; A SAVING CLAUSE; AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 47-09 is on file in the City Clerk's 34 09/22/09 office.) The City Attorney read the caption of the resolution. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Linda Karch, Director of Parks and Recreation, stated this is to change the annual expiration date in the ordinance and to also remove the fee for a boat a minimum of 35 foot boat. Ms. Karch stated it is not changing the size of the boat that we are going to allow but it is just the fact that the City is not going to charge the minimum rate on a 35 foot vessel. Mayor McDuffie declared the public hearing open. George Asplaud, 159 Marine Way, Slip #9, Delray Beach, FL 33483, asked for clarification regarding this ordinance. Ms. Karch stated the City currently allows boats under 35 feet in the marina but they are charged the 35 foot rate. She stated the lowest boat would be a 29 or 30 feet. Mayor McDuffie clarified that the minimum rate is not calculated on 35 feet. Ms. Karch stated is someone came in with a 30 foot boat the minimum rate would be calculated on a 30 foot boat. Mr. Fetzer inquired as to why the ordinance does not specify a minimum size. Ms. Karch stated the City never has had a minimum size specified in the ordinance and has been up to the discretion of the Parks and Recreation Department as to allowing a smaller boat. Alberta Gaum, Proiect Coordinator/Parks and Recreation Department, stated the City has received several requests for boats under 35 feet but we have never had anything under 29 or 30 feet. Ms. Karch stated staff can put a minimum size for boats in the ordinance. She stated the way it stands now the City is eliminating that fee for somebody who has under a 35 foot boat to have to pay the 35 foot rate. Mr. Fetzer stated to him it would not make sense to have a very small boat at the marina but taking the minimum totally out of the ordinance seems vague to him. The City Attorney stated staff is taking the rate structure for the charge out of the ordinance. He stated all the City is doing in the ordinance now is saying that the City can set fees if somebody comes in with a 20 foot boat then we can charge them for that 20 foot boat and we do not have to charge them fora 35 foot boat. The City Attorney stated that is the only change this ordinance does along with changing when the 35 09/22/09 license agreement actually ends. The City Attorney stated if the Commission would like to modify this ordinance then this ordinance would have to go back again as a first reading. The City Attorney stated if the Commission would like to change the rules it will come back to the Commission one time for the Commission to vote to change the rules whereas if it is an ordinance staff would have to publish it and then it would take two hearings to adopt that. Mr. Asplaud expressed concern over safety and feels a 13 foot whaler would be inappropriate to those slips. He stated you can lease a 30 foot slip down the street for $350.00 and a 30 foot boat in Delray's marina at the new recommended rate will be $540.00. It was the consensus of the Commission to approve the ordinance but bring an amendment to the rules on October 6, 2009 to further clarify a certain minimum boat size that the City would allow in the Delray Beach Marina. Robert G. Killing, 159 Marine Wav, Slip #20, Delrav Beach, FL 33483 (lived in the Marina for 20 years and briefly discussed his credentials), stated small boats are dangerous in a marina and the way the slips are boat it is in wise to open it up to smaller boats. Mr. Killing stated during the event of a hurricane a small boat cannot be tied up enough solidly enough when it gets airborne. He suggested keeping the 35 foot minimum cost in the ordinance because he believes for economic reasons it is wise. Patrick Howe, 159 Marine Wav, Slip #3, Delrav Beach, FL 33483, stated he has been alive-a-board for 6 '/z years and owns a 31 foot well craft that weighs about 6 tons. Mr. Howe stated he has stated aboard for all of the last storms and has never had any damage to his boat and his boat has never broken loose. He stated he has only been at the Delray Beach Marina for a year and although his boat is only 31 feet he has endured paying fora 35 foot slip. Mr. Howe stated if you have an 18 foot boat you are not going to pay $400.00 when you can go down the next canal and get it for $180.00. There being no one else from the public who wished to address the Commission regarding Ordinance No. 47-09, the public hearing was closed. Mr. Eliopoulos moved to adopt Ordinance No. 47-09 on Second and FINAL Reading, seconded by Mrs. Gray. 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 5 to 0 vote. 10.H. ORDINANCE NO. 48-09: Consider acity-initiated amendment to Chapter 117, "Landlord Permits" of the Code of Ordinance by amending Section 117.02, "Permit Fees", to provide for an increase in the Landlord Permit fee from $50 per unit to $60 per unit effective October 1, 2009. The caption of Ordinance No. 48-09 is as follows: 36 09/22/09 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 117, "LANDLORD PERMITS", OF THE CODE OF ORDINANCES, BY AMENDING SECTION 117.02, "PERMIT FEES", TO PROVIDE FOR AN INCREASE IN THE LANDLORD PERMIT FEE; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 48-09 is on file in the City Clerk's office.) The City Attorney read the caption of the resolution. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Lula Butler, Director of Community Improvement, stated the last time the City raised this fee was two years ago. Mrs. Butler stated this fee was implemented in 1996 and had not increased it prior to that. She stated when staff conducted a survey last year of what other surrounding cities charge we found that Delray Beach was very low compared to other cities that had similar fees. Mrs. Butler stated staff is coming before the Commission every other year doing an incremental increase to get to where we need to be. Mayor McDuffie declared the public hearing open. There being no one from the public who wished to address the Commission regarding Ordinance No. 48-09, the public hearing was closed. Mrs. Gray moved to adopt Ordinance No. 48-09 on Second and FINAL Reading, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mr. Fetzer -Yes; Mr. Frankel -Yes; Mrs. Gray -Yes; Mayor McDuffie -Yes; Mr. Eliopoulos -Yes. Said motion passed with a 5 to 0 vote. 10.I. ORDINANCE NO. 49-09: Consider acity-initiated ordinance a mending Chapter 96, "Fire Safety and Emergency Services", of the Code of Ordinances by amending Section 96.66. "Emergency Medical Transportation Fees", Subsection 96.66(A), to adjust the fee schedule for emergency medical transportation in accordance with the National Ambulance Fee Schedule. The caption of Ordinance No. 49-09 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 96, "FIRE SAFETY AND EMERGENCY SERVICES", OF THE CODE OF 37 09/22/09 ORDINANCES OF THE CITY OF DELRAY BEACH, BY AMENDING SECTION 96.66. "EMERGENCY MEDICAL TRANSPORTATION FEES", SUBSECTION 96.66(A), TO ADJUST THE FEE SCHEDULE FOR EMERGENCY MEDICAL TRANSPORTATION IN ACCORDANCE WITH THE NATIONAL AMBULANCE FEE SCHEDULE; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE AND AN EFFECTIVE DATE. office.) (The official copy of Ordinance No. 49-09 is on file in the City Clerk's The City Attorney read the caption of the resolution. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Mayor McDuffie declared the public hearing open. There being no one from the public who wished to address the Commission regarding Ordinance No. 49-09, the public hearing was closed. Mr. Frankel moved to adopt Ordinance No. 49-09 on Second and FINAL Reading, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mr. Frankel -Yes; Mrs. Gray -Yes; Mayor McDuffie -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes. Said motion passed with a 5 to 0 vote. 10.J. ORDINANCE NO. 39-09: Consider aprivately-initiated amendment to Land Development Regulations (LDR) Section 4.3.4., "Base District Development Standards", Subsection (H)(6), "Special Setbacks", to modify the area where the thirty foot special combination setback must be provided. The caption of Ordinance No. 39-09 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 4.3.4, "BASE DISTRICT DEVELOPMENT STANDARDS", SUBSECTION (H)(6), "SPECIAL SETBACKS" TO MODIFY THE AREA WHERE THE THIRTY FOOT SPECIAL COMBINATION SETBACK MUST BE PROVIDED; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 39-09 is on file in the City Clerk's 38 09/22/09 office.) The City Attorney read the caption of the resolution. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Paul Dorling, Director of Planning and Zoning, stated this is a privately initiated amendment to the section of the LDRs which talks about requiring a combination building and landscape setback along S.E. 10th Street from northbound Federal Highway to Military Trail. Mr. Dorling stated that combined setback is 30 feet with the first ten feet being landscaped area. He stated what the City has been encouraging up and down this corridor to the north is moving the buildings to the front and then requiring parking to the rear. Mr. Dorling stated staff supports the request at this time. At its meeting of August 17, 2009, the Planning and Zoning Board considered this text amendment and recommended approval. Mayor McDuffie declared the public hearing open. There being no one from the public who wished to address the Commission regarding Ordinance No. 39-09, the public hearing was closed. Mr. Fetzer moved to adopt Ordinance No. 39-09 on Second and FINAL Reading, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mrs. Gray -Yes; Mayor McDuffie -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. Frankel -Yes. Said motion passed with a 5 to 0 vote. At this point, the Commission moved to Item 11, Comments and Inquiries on Non-Agenda Items from the City Manager and the Public. ll.A. City Manager's response to prior public comments and inquiries. inquiries. The City Manager had no response to prior public comments and ll.B. From the Public. ll.B.l. Chuck Ridley, 210 N.W. 2°d Avenue, Delray Beach, stated last Saturday citizens met to discuss updating the Southwest Neighborhood Plan and stated it was a wonderful event and the turnout was great. He stated the Southwest Plan is broken into five sub-areas and he is happy to hear that the Commission is moving forward with their support of the Northwest Corridor area (Gateway). Mr. Ridley stated subsection two is what is referred to as Frog Alley (5th Avenue Corridor) and they can see some improvements there. He commented about sub-area three (Village Center) and stated there is a Conditional Use Request Agreement forthcoming on the Auburn property. Mr. Ridley urged the Commission to support staff s recommendation and noted that staff has 39 09/22/09 been diligent in looking at all the issues that impact them especially as it relates to the land use and the workforce ordinance. He stated the first project was very special; however, he feels the next project does not meet the test of being special and is just another apartment complex. Mr. Ridley stated they feel that if it is going to get the special considerations that are being asked, then it should be special and enhance the neighborhood. He stated this particular one is not special enough and they are willing to find the common ground to get this to be special. At this point, the Commission moved to Item 13, Comments and Inquiries on Non-Agenda Items. 13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS. 13.A. City Manager The City Manager had no comments and inquiries on non-agenda items. 13.B. City Attorney The City Attorney had no comments and inquiries on non-agenda items. 13.C. City Commission 13.C.1. Mr. Fetzer Mr. Fetzer commented about the newspaper article regarding the Chamber of Commerce making their award to the winner of the cost savings idea and asked staff to follow up with the Chamber on that. Mr. Fetzer stated he would like to take advantage of what the winner suggested for the City. 13.C.2. Mr. Eliopoulos Mr. Eliopoulos had no comments or inquiries on non-agenda items. 13.C.3. Mrs. Gray Mrs. Gray thanked the Commission for appointing her. 13.C.4. Mr. Frankel Mr. Frankel complimented the Commission and staff regarding their work on the budget and although they do not agree on everything they have all treated each other with respect. Secondly, he stated Mr. Kornblau gave him a tour of the Delray Beach Library on Monday morning and noted how busy it was for a Monday morning. 40 09/22/09 Lastly, Mr. Frankel stated Lieutenant Tabeek will be at the Falcon House in the next few weeks doing a fundraiser for the library with other members of the Fire- Rescue Department. Mr. Frankel stated he has volunteered to do the fundraiser next month and while the City had to cut 5% from the library's budget, everyone is helping out to support it. 13.C.5. Mayor McDuffie Mayor McDuffie thanked the Commission and staff for their work on the budget and everyone is to be commended. He stated this is one of the bigger jobs he has ever seen done since he has been involved with the Commission; for the Commission to stick together for as many meetings as they did and review things in the detail that they did. Mayor McDuffie stated unless all the economists that the City deals with and all the trends we are looking at are wrong everyone needs to get prepared for the upcoming budget year. There being no further business, Mayor McDuffie declared the meeting adjourned at 10:13 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 September 22, 2009, which Minutes were formally approved and adopted by the City Commission on City Clerk 41 09/22/09 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. 42 09/22/09 WHEREAS, city government is the government closest to most citizet~s, and the one with the most direct daily impact upon its residents; and WHEREAS, city government is administered for and by its citizer~s, and is dependent upon public commitment to and understanding of its many responsibilities; and WHEREAS, city government officials and employees share the responsibility to pass along their understanding of public services and their benefits; and WHEREAS, Florida City Government Week is a very important time to recognize the important role played by city government in our lives; and WHEREAS, this wcek offers an important opportunity to spread the v~ard to all the citizer~s of Florida that they can shape and influence this branch of government which is closest to the people; and WHEREAS, the Florida League of Cities and its member cities have joined together to teach students and other citizer~s about municipal government through a variety of different projects and information; and WHEREAS, Florida City Government Week offers an important opportunity to convey to all the citizer~s of Florida that they can shape and influence government through their civic involvement. NOW, THEREFORE, I, NELSON S. McDUFFIE, Mayar of the City of Delray Beach, Florida, on behalf of the City Commission do hereby proclaim the week of October 18 - 24, 2009 as: FLORIDA CITY GOVERNMENT WEEK in the City of Delray Beach, Florida, and encourage all citizer~s, city government officials and employees to do everything possible to ensure that this w~elc is recognized and celebrated accordingly, and to encourage educational partnerships be~tw~en city government and schools. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Official Seal of the City of Delray Beach, Florida, to be affixed this 6~ day of October, 2009. Nelson S. McDuffie MAYOR MEMORANDUM TO: Mayor and City Commissioners FROM: Dot Bast, Training and Development Manager Bruce Koeser, Human Resources Director THROUGH: David T. Harden, City Manager DATE: September 10, 2009 SUBJECT: AGENDA ITEM 7.A. -REGULAR COMMISSION MEETING OF OCTOBER 6, 2009 RESOLUTION N0.44-09 ITEM BEFORE COMMISSION Resolution 44-09 Recognizing Bernard Parker for 30 years of service. BACKGROUND In accordance with the City's service award policy, employees with 30 years of continuous full-time service are to be honored by the City Commission with a resolution and plaque. Bernard Parker, Crew Leader in Parks Maintenance achieved this milestone on July 24, 2009. RESOLUTION NO. 44-09 1979; and A RESOLUTION OF THE CITY COMMSSION OF THE CITY OF DELRAY BEACH, FLORIDA, RECOGNIZING AND COM1ViENDING BERNARD PARKER FOR THIRTY YEARS OF DEDICATED SERVICE TO THE CITY OF DELRAY BEACH. WHEREAS, Bernard Parker was hired by the City of Delray Beach as a Laborer I on May 3, WHEREAS, after being promoted to Crew Leader I on July 24, 1980, he continued to effectively lead the Parks Maintenance staff; and WHEREAS, on May 3, 2009 he reached a milestone in his career, having achieved thirty (30) years of continuous, full-time service with the Parks and Recreation Department; and WHEREAS, Bernard Parker has been a dedicated and hardworking employee who has tackled his assignments with enthusiasm, leading his crew with a positive attitude no matter how difficult the job; WHEREAS, we appreciate Bernard's willingness to contribute his expertise and professionalism to his department and to the City, and recognize that he is known for his detailed knowledge of the many requirements of his job; and WHEREAS, the City of Delray Beach and the Parks and Recreation Department are honored to have had Bernard Parker as a valued member of the municipal team. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the City Commission of the City of Delray Beach hereby recognizes and commends Bernard Parker for thirty years of dedicated and faithful public service. Section 2. That the City Commission hereby congratulates and expresses sincere thanks and appreciation to Bernard Parker for his many years of service, and further wishes him the best of health and happiness as he continues his employment with the City of Delray Beach PASSED AND ADOPTED in regular session on this the 6th day of October 2009. MAYOR ATTEST: CITY CLERK Res. No. 44-09 PRESENTED TO BERNARD D. PARKER As a token of our esteem and gratitude for your 30 years of outstanding contributions and distinguished service to The City of Delray Beach Parks and Recreation Department May 3, 2009 3 Res. No. 44-09 MEMORANDUM TO: Mayor and City Commissioners FROM: Dot Bast, Training and Development Mgr. Bruce Koeser, Human Resources Director THROUGH: David T. Harden, City Manager DATE: September 10, 2009 SUBJECT: AGENDA ITEM 7.B. -REGULAR COMMISSION MEETING OF OCTOBER 6, 2009 RESOLUTION N0.45-09 ITEM BEFORE COMMISSION Resolution 45-09 recognizing Charles Stravino for 30 years of service. BACKGROUND In accordance with the City's service award policy, employees with 30 years of continuous full-time service are to be honored by the City Commission with a resolution and plaque. Charles Stravino, Assistant Fire Chief, will achieve this milestone on October 7, 2009. RESOLUTION NO. 45-09 A RESOLUTION OF THE CITY COMMSSION OF THE CITY OF DELRAY BEACH, FLORIDA, RECOGNIZING AND COM1ViENDING CHARLES STRAVINO FOR THIRTY YEARS OF DEDICATED SERVICE TO THE CITY OF DELRAY BEACH. WHEREAS, Charles Stravino was hired by the City of Delray Beach as a Fire Fighter on October 8, 1979; and WHEREAS, during the past thirty years Charles Stravino has served this community with honor and distinction as Fire Fighter, Lieutenant, Battalion Chief and Assistant Fire Chief. WHEREAS, Charles Stravino has been a dedicated and loyal employee, knowledgeable about all aspects of Fire-Rescue Operations, serving as a mentor to his peers and a counselor to his managers, while always exhibiting a positive attitude toward his profession, the Fire-Rescue Department, and the City. WHEREAS, we appreciate Chief Stravino's professionalism, work effort, and contributions to the City, and recognize the fact that he is known for his thorough working knowledge of the nature and requirements of his job; and his willingness to share his expertise with fellow co-workers. WHEREAS, on October 7, 2009, Charles Stravino will reach a milestone in his career, effectively achieving thirty (30) years of continuous, full-time service with Delray Beach Fire-Rescue and he will retire on October 7, 2009; and WHEREAS, the City of Delray Beach and the Fire-Rescue Department are honored to have had Charles Stravino as a valued member of the municipal team. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the City Commission of the City of Delray Beach hereby recognizes and commends Charles Stravino for thirty years of dedicated and faithful public service. Section 2. That the City Commission hereby congratulates and expresses sincere thanks and appreciation to Charles Stravino for his many years of service, and further wishes him the best of health and happiness as he enjoys retirement and the many new opportunities which are sure to come his way. PASSED AND ADOPTED in regular session on this the 6th day of October 2009. MAYOR ATTEST: CITY CLERK Res. No. 45-09 PRESENTED TO CHARLES STRAVINO As a token of our esteem and gratitude for your 30 years of outstanding contributions and distinguished service to The City of Delray Beach Fire-Rescue Department October 6, 2009 3 Res. No. 45-09 MEMORANDUM TO: Mayor and City Commissioners FROM: Dot Bast, Training and Development Mgr. Bruce Koeser, Human Resources Director THROUGH: David T. Harden, City Manager DATE: September 10, 2009 SUBJECT: AGENDA ITEM 7.C. -REGULAR COMMISSION MEETING OF OCTOBER 6, 2009 RESOLUTION N0.46-09 ITEM BEFORE COMMISSION Resolution 46-09 recognizing James Dalton for 30 years of service. BACKGROUND In accordance with the City's service award policy, employees with 30 years of continuous full-time service are to be honored by the City Commission with a resolution and plaque. James Dalton, Driver Engineer in Fire-Rescue achieved this milestone on September 28, 2009. RESOLUTION NO. 46-09 1979; and A RESOLUTION OF THE CITY COMMSSION OF THE CITY OF DELRAY BEACH, FLORIDA, RECOGNIZING AND COM1ViENDING JAMES DALTON FOR THIRTY YEARS OF DEDICATED SERVICE TO THE CITY OF DELRAY BEACH. WHEREAS, James Dalton was hired by the City of Delray Beach as a Fire Fighter on October 1, WHEREAS, during the past thirty years James Dalton has served this community with honor and distinction as Fire Fighter and Driver Engineer; and WHEREAS, James Dalton has been a dedicated and loyal employee, who embraced each shift with humor and an eagerness to serve the community with his crew. A mentor to his peers, he always exhibited a positive attitude toward his profession, the Fire-Rescue Department and the City. WHEREAS, we are proud of James and his working knowledge of the nature and requirements of his job that he consistently shared with the citizens of Delray Beach, both on and off duty. Exemplifying care and concern for others in need, his character always seems to shine through. We thank him for his professionalism, work effort and contributions, but will remember him for his big heart and comical spirit. WHEREAS, on September 28, 2009, James Dalton reached a milestone in his career, having effectively achieved thirty (30) years of continuous, full-time service with Delray Beach Fire-Rescue and retired on September 28, 2009; and WHEREAS, the City of Delray Beach and the Fire-Rescue Department are honored to have had James Dalton as a valued member of the municipal team. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the City Commission of the City of Delray Beach hereby recognizes and commends James Dalton for thirty years of dedicated and faithful public service. Section 2. That the City Commission hereby congratulates and expresses sincere thanks and appreciation to James Dalton for his many years of service, and further wishes him the best of health and happiness as he enjoys retirement and the many new opportunities which are sure to come his way. PASSED AND ADOPTED in regular session on this the 6th day of October 2009. MAYOR ATTEST: CITY CLERK Res. No. 46-09 PRESENTED TO JAMES DALTON As a token of our esteem and gratitude for your 30 years of outstanding contributions and distinguished service to The City of Delray Beach Fire-Rescue Department September 28, 2009 3 Res. No. 46-09 MEMORANDUM TO: Mayor and City Commissioners FROM: Ronald Hoggard, AICP, Principal Planner Paul Dorling, AICP, Director Planning and Zoning THROUGH: City Manager DATE: September 30, 2009 SUBJECT: AGENDA ITEM 8.A. -REGULAR COMMISSION MEETING OF OCTOBER 6, 2009 RESOLUTION N0.53-09/ABANDONMENT OF UTILITY EASEMENT/WAL-MART STORE, INC. ITEM BEFORE COMMISSION The request involves abandoning a 12' x 367' utility easement behind the Wal-Mart store located at 16205 South Military Trail, to accommodate expansion of the enclosed loading dock and reconfiguration of the semi-trailer loading area at the northwest corner of the building. BACKGROUND On March 26, 2008, the Site Plan Review and Appearance Board (SPRAB) approved the Class III Site Plan Modification for the Wal-Mart project. The modification included expansion of the enclosed loading dock and reconfiguration of the semi-trailer loading area at the northwest corner of the building. Since this expansion conflicts with an existing utility easement, an abandonment request has been submitted by the owners of the property to eliminate the easement encumbrance. The subject easement was dedicated on the Wal-Mart Center Plat (Plat Book 66, Page 41), recorded on July 13, 1990. REVIEW BY OTHERS Pursuant to LDR Section 2.4.6(N)(5), the following finding must be made prior the City Commission granting an abandonment: The abandonment will not result in the detriment for the provision of utility services to the adjacent properties or the general area. The City's Environmental Services Department has reviewed the request and has no objection to the abandonment. The removal and relocation of an existing water line within the easement has been addressed through a replacement easement granted to the City by a "Water and Sanitary Sewer Easement Agreement" (OR Book 23124, Page 0741), recorded on March 13, 2009. Florida Power & Light (FPL), Comcast Cable, Florida Public Utilities Company and BellSouth (AT&T) have reviewed the request, and have no objection to the abandonment. RECOMMENDATION By motion, approve Resolution 53-09 to abandon a 12' x 367' utility easement dedicated via the Wal- Mart Center Plat, as recorded in Plat Book 66, Page 41 of the Public Records of Palm Beach County, Florida, located within the Wal-Mart property at 16205 South Military Trail; and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.6(N)(5), Abandonment of Public Easements, of the Land Development Regulations. RESOLUTION NO. 53-09 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, VACATING AND ABANDONING A UTILITY EASEMENT LOCATED WITHIN THE WAL-MART PROPERTY AT 16205 SOUTH MILITARY TRAIL AND AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A". WHEREAS, the City of Delray Beach, Florida, received an application for abandonment of a utility easement dedicated via the Wal-Mart Center Plat, as recorded in Plat Book 66, Page 41 of the Public Records of Palm Beach County, Florida, located at 16205 South Military Trail and as more particularly described in Exhibit "A"; and WHEREAS, the application for abandonment of said easement was processed pursuant to Section 2.4.6(N), "Abandonment of Public Easements~~, of the Land Development Regulations of the City of Delray Beach, Florida; and WHEREAS, pursuant to LDR Section 2.4.6 (N) (3) (c), the application was forwarded to the Cite Commission with the recommendation that the abandonment be approved, based upon positive findings; and WHEREAS, the City Commission of the Cite of Delra~~ Beach, Florida, pursuant to LDR Section 2.4.6(N)(5), finds that the abandonment will not result in detriment for the provision of utilit~~ services to adjacent properties or the general area, that its interest in the described propert~~ is no longer needed for the public good and deems it to be in the best interest of the City of Delray Beach to vacate and abandon said easement, as more particularl~~ described in Exhibit "A". NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the foregoing recitals are hereb~~ incorporated herein b~~ this reference. Section 2. That pursuant to Chapter 177 and Chapter 166 of the Florida Statutes, it is hereby determined to vacate and abandon all right and interest it holds to the following real property, more particularly described as follows: See Exhibit "A" PASSED AND ADOPTED in regular session on this the __ da~~ __________ of, 2009. MAYOR ATTEST: Cite Clerk 2 RES. No. 53-09 Z LL' CD N W VJ Y W W ~ VO _z rn z ? Ww~ ~ ~Z zza o aw J J }~ w Y U m 'Tr H Z ~- ~ L~ L~ 1„L Q- ~ ~ O~a~ 00 OZz W ~ ~ m ~,- F- w i„_, 4 rn O UW7 =~I"~iQ~ ~~~ 2v~ A ~ a ~'o4-~aoo¢~?wo fl 4.E L1'Z~(1~ Q~~ ~ V7H ~ ~ r-~ ~~~ U' UUZ fl1F1 I a a z a a O z Z O Z O F a LC U W 0 J Q ..J ~~ 0 S~ v~ ~~ W~ YZ ~W Q~ w ~U ~.. Q °o u~a W Z ~ O 2 w a U ca ~ E ~ ~. , ~ i ~ ~ + I ~ 'II i € ~ I I I I , I I :. . ~ _ I I I II f ~" I f ~ c ! f L. 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I I ~~ .. ,,. ~ ' I 3 k ~ i I I I III ~ 27297 ~~.~:*,.v~ ~ ~,.~i5~.~<.,. ~~-~"~ 501'2~37_f ~I ~I ~. .._ _ '~ I ~ •# I~VI Li JJ T / in `c.~ ~• 261.15' w F.. Z ~~ '9d `99 'H'd ~~I ~ ~ ~ ~ ~ ~ ~ ~ W o ~~ s~-~vY ~ av`` ~ w / I ;r a O w a ~~2LL .LNH~39Vi1V~i ~Tt:11 ~ ~ zE I ~ n / / ~ ~ Qs a a „Y„ J~V2LL w~ ~~~~, s~u~av3e ~0 5lSV9 _V_ l3~MYd 3Nn 1S3M ~b ~~ ~Q ~~ 04 4 W~ ~4 Q¢ 41 ~~ cza ~ in Q ww ~~ i~ U o '' iZ+ b ~p 4~ ~~ °zo A a In ~~~ _ ~~ ~ ~ w 4 III U I~ a S J Va ~ 0. LEGAL DESCRIPTIO.IV {BY SURVEYOR) 0 a f 3 O D x m a n ~s a r ALL THAT CERTAIN PIECE, PARCEL OR TRACT OF LAND SITUATE, LYING AND BEING IN A PORTION OF PARCEL "A" AND PARCEL "W", WAL-MART CENTER, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 66 AT PAGES 41 AND 42, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. SAID LANDS BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO WIT; COMMENCING FOR REFERENCE AT THE SOUTHWEST CORNER OF SAID PARCEL "A"; THENCE BEARING NORTH 01°12'41" WEST, ALONG THE WEST LINE OF SAID PARCEL "A", A DISTANCE OF 317.82 FEET TO A POINT; THENCE, LEAVING SAID WEST LINE, BEARING NORTH 88°4T19" EAST, A DISTANCE OF 90.70 FEET TO THE POWT AND PLACE OF BEGINNING OF THE HEREIN DESCRIBED PARCEL; THENCE, BEARING NORTH 01°22'37" WEST, A DISTANCE OF 261.1$ FEET TO A POINT; THENCE, BEARING SOUTH 89°37'22" WEST, A DISTANCE OF 76.93 FEET TO A POINT; THENCE, BEARING NORTH 45°22'38" WEST, A DISTANCE OF 18.69 FEET TO A POINT; THENCE, BEARING NORTH 01°12'41" WEST, A DISTANCE OF 14.71 FEETTO A POINT; THENCE, BEARING NORTH 87°22'30" EAST, A DISTANCE OF 2.39 FEET TO A POINT; THENCE, BEARING SOUTH 45°22'38" EAST, A DISTANCE OF 22.66 FEET TO A POINT; THENCE, BEARING NORTH $9°37'22" EAST, A DISTANCE OF 83.75 FEET TO A POINT; THENCE, BEARING SOUTH 01°22'37" EAST, A DISTANCE OF 272.97 FEET TO A POINT; THENCE, BEARING SOUTH 88°37'23" WEST, A DISTANCE OF 12.00 FEET TO THE POINT OF BEGWNING. THE ABOVE DESCRIBED PREMISES CONTAIN AN AREA OF 4,437 SQUARE FEET OR 0.10 ACRES, MORE OR LESS. SUBJECT TO ALL EASEMENTS, CONDITIONS AND RESTRICTIONS AS CONTAINED WITHIN THE CHAIN OF TITLE. A VERGES J Q H B O U L E V A R D DELRAY MEDICAL CENTER L-36 South Trust Bank PALM Y MEDICAL COURT 2 CONDOS PLAZA BOCARAY PLAZA G WAL-MAR T ~ ~ U ~ T R Y ~ p K E ~ ~ ~ ®~o~ ~~ CANAL L-37 ~~ 1.:~ ~/, `sue- ~, ~ N SUBJECT PROPERTY ~/A L M A RT ) , = i ~~~~~;- PLANNING AND ZONING DEPARTMENT -- D/G/TAL BASE MAP SYSTEM -- SOUTH COUNTY MENTAL HEALTH CENTER SOUTH COUNTY PROF. CENTRE CONDO c u ~ A 0f1 0 0 v~~ C UU o ~~ icy"P ~ 0 MAP REF: S:\Planning & Zoning\DBMS\File-Cab\Z-LM 1001-1500\LM1045_Walmart L I N T O N CAN A L 1 =x= -=~. 1 `,'~ - ~ - _ = oa - ~r z o - _ ~ ~~ ~ - - ~ a < i £~ F fog- ~ o,.~ ~V ~a ~. «o qw P.m . ,,~:o~r..ao o .:, H U W O~ Q OI W W N = ~ U W o a z ~ a rc W =o V a=- pU~pv O p W W 4. 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A ~i ~~ :min n~ i~ RBI. „ ~ 'r ~ _' `' ~; i ;gym J ~~~ i i w - -- - J W U a __ ~ fl1~Lt SF~L _ --__ ~~ i 8~ri ~! y '~ ~~ bl ~~ ~a ~~ ~~ " ~^ „', e ~n q~i i ^ix ~m~r mi ~: e~ ~m . ~~ rim ^~-m _ _ ~ss,~~M,F - w ~ I ^ ~ ~ s a s _ I _ ~ ~ ~ ~_ ~___ er m B~ e m I 8 ~~ ~ / 1 - , P cz s 3 ee " zz. os r m w ~ ~ - ~ C ~ ~ _ _ ~Jn.oos 7 i J Y~ orv ___~ T ~i u: - 9 ~ - ~7 N ~\ M 1^ D i m~ e~ i . ~ .wrv `~se asa s.es~zz.iorv - 778 ~ _-~~ ~~z m a z ~ ~ S~ ~iSe ~ ~= N a ~~i ~ o Im i i ' >i £ „ ~ ~ ` ~ a W U o i ; ~ ~ im Q "~~ IiN ~~~ ~~PV ~ 'm R ~a ',? N ~~~ ~P i ~ i .. i 'vii ^i~_ im r miw iM w. .e _a R s ~ ~ s ~ ~i - ~ mi ~ierie,n i.. J ~ ~ zz io s ~siz a m H A 3 ~ . a __ ~ i i . i L 1]tl!LL 1N3W3'JtlNtlW d3. „M„ l~Val _ j-3Jb'32i~t1~' a Y m _ Q N J ~ N a } LL < ~ ~ F m a z ~-- n O b .~ \ MEMORANDUM TO: Mayor and City Commissioners FROM: Linda Karch, Director of Parks and Recreation THROUGH: David Harden, City Manager DATE: September 30, 2009 SUBJECT: AGENDA ITEM 8.B. -REGULAR COMMISSION MEETING OF OCTOBER 6, 2009 INTERLOCAL AGREEMENT/PALM BEACH COUNTY/DROWNING PREVENTION COALITION'S (DPCI ITEM BEFORE COMMISSION Request approval to renew the Interlocal Agreement with Palm Beach County Drowning Prevention Coalition for payment of swimming lesson fees not to exceed $50.00 per class. BACKGROUND The County through its Drowning Prevention Coalition's ("DPC) Learn to Swim Program, distributes vouchers to the public which may be redeemed for swimming lessons at Pompey Park Pool and Delray Swim and Tennis Pool. This is the fourth year the City of Delray Beach has entered into an agreement with Palm Beach County to provide swimming lessons. RECOMMENDATION Parks and Recreation Department recommends approval of the Interlocal Agreement with Drowning Prevention Coalition's Learn to Swim Program for payment of swimming lesson fees not to exceed $50.00 per class. TNTERLOCAL AGREEMENT FOR SWIMMING LESSONS This Agreement is made as of the _____ day of , 20_, by and between Palm Beach County, a Political Sixbdivision of the State of Florida, by and through its Saard of Commissioners, hereinafter referred to as the COUNTY, and the City of Delray Beach, a Florida municipal corporation located in Palm Beach County, Florida.(hereinafter referred to as "MUNICIPALITY"). WHEREAS, COUNTY, through its Drowning Prevention Coalition's ("DPC") Learn to Swim Program, distributes vouchers to the public which may be redeemed for swimming lessons at designated aquatic facilities within Palm Beach County; and WkTEREAS, the parties desire to enter into this Agreement for MUNICIPALITY to provide swimming lessons as part of the DPC Learn to Swim Program, and to define the parties' responsibilities relating thereto. WHEREAS, Section 163.0 I, Florida Statutes, known as the "Florida Interloeal Cooperation Act of 1969," authorizes local governments to make the most efficient use of their power by enabling them to cooperate with other localities on a basis of mutual advantage and thereby to provide services and facilities that will harmonize geographic, economic, population and other factors influencing the needs and development of local communities. NOW THEREFORE, in consideration of the mutual covenants and promises contained herein, the COUNTY and the MUNICIPALITY agree as follows: ARTICLE 1 - SERVICES MUNICIPALITY shall offer and provide swimming lesson classes to individuals who present vouchers issued by the DPC Learn to Swim Program. Each class to be offered and provided shall consist of a series of at least six swinr~ming lessons and shall be identified in Exhibit A, attached hereto and incorporated herein. Exhibit A shall set forth the name, type, swimming level, dates, location, minimum participation requirements, if any, and MUNICIPALITY'S usual and customary fee for each class. MUNICIPALITY shall not charge voucher holders for any swim class for which MUNICIPALITY'S usual anal customary fee is $50.00 or less. If MUNICTPALITY's usual and customary fee for a swim class is more than $50.00, then the maximum fee that MUNICIPALITY may charge voucher holders for said class is its usual and customary fee minus $50.00. Said classes may be open to the public and are not restricted to voucher holders. The swimming lesson classes shall be provided at MUNICIPALITY'S aquatic facility. MUNICIPALITY agrees to provide and maintain its facility in a safe, clean and hygienic manner and in accordance with all safety and health standards and all other applicable laws and regulations. MUNICIPALITY agrees to provide and maintain in proper working order all equipment necessary to provide and maintain the services and facility as provided herein. MUNICIPALITY represents and 1 warrants that its aquatic facility is in compliance, and shall continue to be in compliance, with Section 514.031, Florida Statutes, all applicable males and requirements of the State and County Health Departments, and all other applicable laws, rules and regulations. Prior to execution of this Agreement, MUNICIPALITY must provide to COUNTY copies of the facility's current operating peri~nit and most current inspection report, which must evidence a satisfactory inspection. MUNICIPALITY shall perform the services set forth herein in accordance with all applicable laws, rules and regulations, and in a competent, professional, safe and responsible manner with full regard for the safety afthe participants. MUNICIPALITY agrees and warrants that all swimming instructors utilized by MUNICIPALITY to provide lessons hereunder shall be certified as required by Section 514.071, Florida Statutes, and any other applicable laws, rules and regulations. MUNICIPALITY shall provide proof of such certifications to COUNTY'S representative upon request. MUNICIPALITY represents and warrants that it has in place, and shall continue to maintain, a chug-free workplace policy. ARTICLE 2 --~ COMMENCEMENT AND TERM This Agreement shall commence on October 1, 2009 and shall remain in effect until September 30, 2010. ARTICLE 3 -PAYMENTS TO MUNICIPALITY A. For swimming classes provided by MUNICIPALITY in exchange far DPC Learn to Swim Program vouchers, COUNTY shall pay MUNICIPALITY its usual and customary fee per class as set Earth in Exhibit A hereto, up to a maximum of $50.00 per class series provided to a voucher holder. As provided in Resolution No. R-2005-1906, the total payments to all swimming lesson providers utilized in the DPC Learn to Swim Program for each fiscal year shall not exceed the amount budgeted by COUNTY for this purpose for said fiscal year. B. MUNICIPALITY shall invoice COUNTY monthly based an the number of swimming lesson classes provided hereunder. Invoices shall include a list of the names and contact information of students to whom lessons were actually provided, the name, dates, and times of the classes provided, and any other documentation deemed necessary by COUNTY to verify that services have been rendered in conformity with this Agreement and any applicable DPC Learn to Swim Program criteria, policies and procedures. ARTICLE 4 -TERMINATION The COUNTY may terminate this Agreement at any time upon written notice to the MUNICIPALITY with or without cause and without penalty, damages or recourse against COUNTY. MUNICIPALITY may terminate this Agreement upon thirty days (30) days' prior written notice to the COUNTY. 2 ARTICLE 5 -PERSONNEL The MUNICIPALITY represents that it has, ar will secure at its awn expense, all necessary personnel required to perform the services under this Agreement. Such personnel shall not be employees of or have any contractual relationship with the COUNTY. All of the services required hereunder sha11 be performed by the MUNICIPALITY or under its supervision, and all personnel engaged in performing the services shall be fully qualified and, if required, authorized and permitted under state and local law to perform such services. The MUNICIPALITY warrants that all services shall be performed by skilled and competent personnel to the highest professional standards in the field. ARTICLE 6 - SUBCONTRACTING MUNICIPALITY may not, without written approval of COUNTY, subcontract any rights, responsibilities or obligations under this Agreement. ARTICLE 7 -AVAILABILITY OF FUNDS The COUNTY'S performance under this Agreeizient for subsequent fiscal years is contingent upon annual appropriations for its puipase by the Board of County Commissioners and subject to the provisions of Palm Beach County Resolution No. R-2005-I9D6. The MUNICIPALITY'S performance under this Agreement far subsequent fiscal years is contingent upon annual appropriations for its purpose by its governing body. ARTICLE 8 ~ INSURANCE Witliaut waiving the right to sovereign immunity as provided by s.768.28 fs., MUNICIPALITY acknowledges to be self insured for General Liability and Automobile Liability under Florida sovereign immunity statutes with coverage limits of $ I OO,DDD Per Person and $2DD,DOD Per Occurrence; or such monetary waiver limits that may change and be set forth by the legislature. In the event MUNICIPALITY maintains third-party Commercial General Liability and Business Auto Liability in lieu of exclusive reliance of self insurance under s.7G8.28 fs, MUNTCIPALITY shall agree to maintain said insurance policies at limits not less than $500,000 combined single limit far bodily injury or property damage. MUNICIPALITY agrees to maintain or to beself-insured far Worker's Compensation & Employer's Liability insurance in accordance with Chapter 440, Florida Statutes. When requested, MUNICIPALITY shall agree to provide an affidavit or Certificate of Insurance 3 evidencing insurance, self-insurance and/or sovereign immunity status, which COUNTY agrees to recognise as acceptable far the above mentioned coverages, Compliance with the foregoing requirements shall not relieve MUNICIPALITY of its liability and obligations under this Agreement. ARTICLE 9 -INDEMNIFICATION Each party shall be liable for its awn actions and negligence and, to the extent permitted by law, COUNTY shall indemnify, defend and hold harmless MUNICIPALITY against any actions, claims or damages arising out of COUNTY'S negligence in connection with this Agreement, and MUNICIPALITY shall indemnify, defend and hold harmless COUNTY against any actions, claims, or damages arising out of MUNICIPALITY' S negligence in connection with this Agreement. The foregoing indemnification shall not constitute a waiver of sovereign immunity beyond the limits set forth in Section 76$.2$, Florida Statutes, nor shall the same be construed to constitute agreement by either party to indemnify the other party for such other party's negligent, willful or intentional acts or omissions. ARTICLE 10 -SUCCESSORS AND ASSIGNS Neither party shall assign, delegate or otherwise transfer its rights and obligations as set forth in this Agreement to any other entity without the prior written consent of the other party. ARTICLE I l -REMEDIES This Agreement shall be governed by the laws of the State of Florida. Any legal action necessary to enforce the Agreement will be held in Palm Beach County. Na remedy herein conferred upon any party is intended to be exclusive of any other remedy, and each and every such remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity, by statute ar otherwise. No single or partial exercise by any party of any right, power, or remedy hereunder shall preclude any other or further exercise thereof. No provision of this Agreement is intended to, or shall be construed ta, create any third-party beneficiary or to provide any rights to any person or entity not a party to this Agreement. ARTICLE 12 -CONFLICT OF INTEREST The MUNICIPALITY represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder, as provided for in Chapter 112, Part III, Florida Statutes. The MUNICIPALITY further represents that no person having any such conflict of interest shall be employed for said performance of services. The MUNICIPALITY shall promptly notify the COUNTY'S representative, in writing, by certified mail, of all potential conflicts of interest of any prospective business association, interest or other circumstance which may influence or appear to influence the MUNICIPALITY 'S judgment ar quality of services being provided hereunder. Such written notification shall identify the prospective business association, interest or circumstance, the nature of work that the MUNICIPALITY may undertake and request an opinion of the COUNTY as to whether the association, interest ar circumstance would, in the opinion of the COUNTY, constitute a conflict of interest if entered into by the MUNICIPALITY. The COUNTY agrees to notify the MUNICIPALITY of its opinion by certified mail within thirty (34) days of receipt of notification by the MUNICIPALITY. If, in the opinion of the COUNTY, the prospective business association, interest or circumstance would not constitute a conflict of interest by the MUNICIPALITY, the COUNTY shall so state in the natifieatian and the MUNICIPALITY shall, at its option, enter into said association, interest ar circumstance and it shall be deemed not in conflict of interest with respect to services provided to the COUNTY by the MUNICIPALITY under the terms of this Agreement. ARTICLE 13 -EXCUSABLE DELAYS MUNICIPALI"I"Y shall not be considered in default by reason of any failure in performance if such failure arises out of causes reasonably beyond the control of MUNICIPALITY or its subcontractors and without their fault or negligence. Such causes include, but are not limited to, acts of Gad, farce majeure, natural or public health emergencies, labor disputes, freight embargoes, and abnormally severe and unusual weather conditions, Upon MUNICIPALITY' S request, the COUNTY shall consider the facts and extent of any failure to perform the work and, if the MUNICIPALITY 'S failure to perform was without its or its subcontractors fault or negligence, the Agreement schedule and/or any other affected provision of this Agreement shall be revised accordingly, subject to the COUNTY'S rights to change, terminate, or stop any or all of the work at any time. ARTICLE 14 -ARREARS The MUNICIPALITY shall not pledge the COUNTY'S credit ar make it a guarantor of payment or surety for any contract, debt, obligation, judgement, lien, or any form of indebtedness. The MUNICIPALITY further warrants and represents that it has no obligation ar indebtedness that would impair its ability to fulfill the terms of this Agreement, ARTICLE l S -PUBLIC RECORDS The MUNICIPALITY shall comply with p'lorida's Public Retards Law with regard to any documents or other records relating to this Agreement. 5 ARTICLE 16 -INDEPENDENT CONTRACTOR RELATIONSHIP The MUNICIPALITY is, and shall be, in the performance of all work services and activities under this Agreement, an Independent Contractar, and not an employee, agent, or servant of the COUNTY. All persons engaged in any afthe work or services performed pursuant to this Agreement shall at all times, and in all places, be subject to the MUNICIPALITY 'S sole direction, supervision, and control. The MUNICIPALITY shall exexcise control over the means and manner in which it and its employees perform the wark, and in all respects the MUNICIPALITY'S relationship and the relationship of its employees to the COUNTY shall be that of an Independent Contractar and not as employees or agents of the COUNTY. The MUNICIPALITY does not have the power ar authority to bind the COUNTY in any promise, agreement or representation. ARTICLE 17 -CONTINGENT PEES The MUNICIPALITY warrants that it has not employed or retained any company ar person, other than a bona fide employee warking solely for the MUNICIPALITY to solicit or secure this Agreeax~ent and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee warking solely for the MUNICIPALITY, any fee, commission, percentage, gift , ar any other consideration contingent upon ar resulting from the award ar making of this Agreement. ARTICLE 1$ -ACCESS AND AUDITS The MUNICIPALITY shall maintain adequate records to justify all charges, expenses, and costs incurred in estimating and performing the wark far at least three (3) years after completion or termination of this Agreement. The COUNTY shall have access to such books, records, and documents as required in this section for the purpose of inspection ar audit during normal business hours, at the MUNICIPALITY'S place of business. ARTICLE 19 -NONDISCRIMINATION The MUNICIPALITY warrants and represents that all of its employees are treated equally during employment without regard to race, color, religion, disability, sex, age, national origin., ancestry, marital status, or sexual orientation. ARTICLE 20 -AUTHORITY TO PRACTICE The MUNICIPAI..TTY hereby represents and warrants that it has and will continue to maintain all licenses and approvals required to conduct its business, and that it will at all times conduct its business activities in a reputable manner. Praofofsuch licenses and approvals shall be submitted to the COUNTY'S representative upon request. 6 ARTICLE 21 - SEVERABILTTY If any term or provision of this Agreement, or the application thereof to any person or circumstances shall, to any extent, be held invalid or unenforceable, the remainder of this Agreement, or the application of such terms or provision, to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected, and every other term and provision of this Agreement shall be deemed valid and enforceable to the extent permitted by law. ARTTCLE 22- PUBLTC ENTITY CRIMES As provided in F.S, 287.132-133, by entering into this Agreement or performing any work in furtherance hereof, the MUNICIPALITY certifies that it, its affiliates, suppliers, subcontractors and contractors who will perform hereunder, have not been placed an the convicted vendor list maintained by the State of Florida Department of Management Services within the 3& months immediately preceding the date hereof This notice is required by F.S. 287.133(3){aj. ARTTCLE 23 - SURVIVABILTTY Any covenant, agreement, representation, warranty or other provision of this Agreement that is of a continuing nature or which by its language ar its nature imposes an obligation that extends beyond the term of this Agreement, including but not limited to representations relating to indemnification and the disclosure or ownership of documents, shall survive the expiration or early termination of this Agreement and the consummation of the transactions contemplated hereunder. ARTTCLE 24 -NOTICE All notices required in this Agreement shall be sent by certified mail, return receipt requested, hand delivery or other delivery service requiring signed acceptance. If sent to the COUNTY, notices shall be addressed to: Palm Beach County Firc~Rcscue 405 Pike Road West Palm Beach, FL 33411 Attn: Fire-Rescue Administrator If sent to the MUNICIPALITY, notices shall be addressed to: City of Delray Beach Aquatics Operations 1101 NW 2"d Street Delray Beach, FL 33444 Attn: Nina Salozxaon, Aquatics Operations Supervisor 7 ARTICLE 25 -FILING A copy of this Agreement shall be filed with the Clerk of the Circuit Court in and for Palm Beach County. ARTICLE 2G -ENTIRETY OF CONTRACTUAL AGREEMENT The COUNTY and the MUNICIPALITY agree that this Agreement sets forth the entire agreement between the parties, and that there are no promises ar understandings other than those stated herein. None of the provisions, terms and conditions contained in this Agreement may be added to, modified, superseded ar otherwise altered unless agreed to in writing by both parties. This Agreement shall inure to the benefit of and shall be binding upon the parties, their respective assigns and successors in interest. IN WITNESS WHEREOF, the Board of County Commissioners of Palm Beach County, Florida has made and executed this Agreement on behalf' of the COUNTY, and MUNICIPALITY has hereunto set its hand the day and year above written. WITNESS Signature Name {type or Print) APPROVED AS TO FORM AND LEGAL SUFFICIENCY By County Attorney ATTEST: By: City Clerk APPROVED AS TO FORM AND LEGAL S FFICIENCY By: 'City Attorney ~ ~(~~~~ PALM BEACII COUNTY, I+'LORIDA, BY ITS BOARD OF COUNTY COMMISSIONERS By: Steven B. Jerauld, Fire-Rescue Administrator, through Robert Weisman, County Administrator APPROVED AS TO TERMS AND CONDITIONS BY. Palm Beach County Fire-Rescue CITY OF DELRAY BEACH, FLORIDA By: Nelson S. McDuffie, Mayor 8 EXHYBTT "A" Aquatics Division x.1,01 NW 2.nd Street: l7elray Beach Florida 33444 Phone {561) 243 - 735$ Fax (561) 243 - 7346 E-Mail salomon@ci.del raybeach.fl. us On the Web www. mydelraybeaeh.com ~. €IELRAY BFAC1-{ Par~CS fs Recceat~v~ ~~- ; .. To: Drowning Prevention Coalition of Palm Beach County From: Giovannina E. Salomon Aquatics Operations Supervisor Date: September 30, 2009 Details: 2009-10 Group Swim Lessons; Fees; Courses; Descriptions; Instructor I Student Ratio Locations: Delray Beach Aquatics Division Pompey Park Pool (PP} at 1101 NW 2nd Street Delray Beach, FI 33444 Delray Swim Club (DSC} at 2350 Jaeger Drive Delray Seach, FI 33444 Fees: $30,00 for Delray Beach Residents $35.00 for Non-Delray Beach Residents Swim lessons Instructed: Fall swim lessons held during the month of October Session I (1016/D9 - 1D1161D9) and Session ll {10120109 - 10130109) Spring swim lessons held during the month of April Session I (4/611 0-411 511 D} and Session I I {412D110-413011 D) Summer lessons held in the months of June and July Session I (611109 - 611111 0); Session 91 (611511 D - 612511 D); Session Ilt (71611 0 - 711 611 D) and Session IV (7120/1D - 7/3011 D) course: Parent & Child Aquatics 3.3.31~pm F'P &DSC Developed for children 6 months #0 5 years of age, American Red Cross Parent & Child Aquatics builds swimming readiness by emphasizing fun in the water. Parents and children participate in several guided practice sessions tha# help children learn elementary skills, including water entry, bubble blowing, front kicking, back floating, underwater exploration and more. Once children can perform basic skills without parental assistance, they may begin Learn-to-Swim courses. Gaurse length 1 fee and Two weeks course; Tuesday -Friday for 112 hour instruction; Number Enrolled: $30.00 Resident 1$35.00 for Non-Resident per student; one Instructor 1 ten Students. Course: Level I 10-10:30am 110:30-11am; 3:30-4pm t 4-4:30pm PP & DSG {5yrs +) Introduction to Water Skills: helps students feel comfortab9e in the water and to enjoy the water safely. Course length I fee and Two weeks course; Tuesday -Friday for 112 hour instruction; Number Enrol led, $30.00 Resident 1$35.00 for Non-Resident per student; one Instructor 1 six Students. Course: Level II 10-10:30arrr ! 10:30-11am; 3.30-4prn 14-4:30pm PP &DSC (&yrs +) Fundamental Aquatic Skills: gives students success with fundamental skills Course length lfee and Two weeks course; Tuesday -Friday far 112 hour instruction; Number Enrolled: $30.00 Resident 1$35,00 for Nan-Resident per student; one Instructor I six Students. Course: Level }II 3:15-4pm PP 8~ DSC (5 yrs +) Stroke Developmen#: builds on the skills in Level 2 by providing additional guided practice. Course length I fee and Twa weeks course; Tuesday -Friday for forty-five min. instruction; Number Enrolled: $30.00 Resident J $35.00 for Non-Resident per student; one Instructor !ten Students. Course: Young Adult 3:15-4pnt PP &DSC (12 yrs - 17 yrs in age) Improves various swim skills from Level 1, II & 191 by providing additional guided practice. Course length 1 fee and Two weeks course; Tuesday -Friday far forty-five min. instruction; Number Enrolled: $30.00 Resident 1$35.00 for Non-Resident per student; one Instructor /ten Students. Crrurse: Adult 4-4:45pm PF' ~ DSC (18 yrs +) Improves various swim skills from Level ], I1 & 111 by providing additional guided practice. bEt.RAY BEACH Course length 1 fee and Two weeks course; Tuesday -Friday for forty-five min. instruction; Number Enrolled: $30.00 Residen! 1$35.00 for Non-Resident per student; one tnstruetor 1 ten Students. AII~Ame~iicaGiity l ~ Swrrrr Le n Dates anrC Time May Change Due to Complications with the Weatlier ar Staffing r~ y 1993 Giovannina E. Salomon 2D01 Aquatics Operations Supervisor MEMORANDUM TO: Mayor and City Commissioners FROM: Lula Butler, Community Improvement Director Elizabeth Alpert, Neighborhood Services Administrator THROUGH: David T. Harden, City Manager DATE: October 1, 2009 SUBJECT: AGENDA ITEM 8.C. -REGULAR COMMISSION MEETING OF OCTOBER 6, 2009 SUB-GRANT AGREEMENT/DEPARTMENT OF COMMUNITY AFFAIRS/NEIGHBORHOOD STABILIZATION PROGRAM ITEM BEFORE COMMISSION Approval of a sub-grant agreement between the City and Florida Department of Community Affairs (DCA) in order for the City to implement Neighborhood Stabilization Program (NSP 1) funding. BACKGROUND At the March 26, 2009 meeting, City Commission approved a request for staff to apply for $1,905,005 inNSPl funding through the Florida Department of Community Affairs. The Community Improvement Department prepared an application specifying two strategies under which eligible activities would be undertaken. The City has been granted $1,905,005 in funding to carry out these eligible activities which include the acquisition, rehabilitation and resale of bank owned/REO units within the NSP1 Target Area for the purpose of selling or leasing the units to income eligible households. Approval of this agreement will require the insertion of Attachments A and Attachment I which are currently being formatted by DCA. These items will be attached by the Department as part of the final executed agreement from their office. FUNDING SOURCE Neighborhood Stabilization Program RECOMMENDATION Staff recommends approval of the sub-grant agreement between the City and Florida Department of Community Affairs (DCA) in order for the City to implement Neighborhood Stabilization Program (NSP 1) funding. STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS Contract Number: lODB-4X-10-60-02-F 10 FEDERALLY-FUNDED SUBGRANT AGREEMENT NEIGHBORHOOD STABILIZATION PROGRAM THIS AGREEMENT is entered into by the State of Florida, Department of Community Affairs, with headquarters in Tallahassee, Florida (hereinafter referred to as the "Department"), and the City of Delray Beach, 100 N.W. lit Avenue, Delray Beach, Florida 33444 (hereinafter referred to as the "Recipient"). THIS AGREEMENT IS ENTERED INTO BASED ON THE FOLLOWING REPRESENTATIONS: A. The Recipient represents that it is fully qualified and eligible to receive these grant funds to provide the services identified herein; and B. The Department has received these grant funds from the State of Florida, and has the authority to subgrant these funds to the Recipient upon the terms and conditions below; and C. The Department has statutory authority to disburse the funds under this Agreement. THEREFORE, the Department and the Recipient agree to the following: (1) SCOPE OF WORK The Recipient shall perform the work in accordance with the Budget and Scope of Work, Attachment A and Activity Work Plans, Attachment I of this Agreement, and the Sub-grant Application submitted by the Recipient including subsequent revisions that are mutually agreed to by both parties, which are incorporated herein by reference ("the Sub-grant Application"). (2) INCORPORATION OF LAWS, RULES, REGULATIONS AND POLICIES The Recipient and the Department shall be governed by the 2008 State of Florida Action Plan Substantial Amendment and applicable State and Federal laws, rules and regulations, including those identified in Attachment B. (3) PERIOD OF AGREEMENT This Agreement shall begin upon execution by both parties, and shall end twenty-four (24) months after the date last signed, unless terminated earlier in accordance with the provisions of Paragraph (12) of this Agreement. Contract extensions will not be granted unless Recipient is able to provide substantial justification and the Division Director approves such extension. Extensions will be in accordance with the guidelines established in the 2008 State of Florida Action Plan Substantial Amendment. (4) MODIFICATION OF CONTRACT Either party may request modification of the provisions of this Agreement. Changes which are agreed upon shall be valid only when in writing, signed by each of the parties, and attached to the original of this Agreement. Rev 07/31/2009 Page 1 (5) RECORDKEEPING (a) As applicable, Recipient's performance under this Agreement shall be subject to the federal "Common Rule: Uniform Administrative Requirements for State and Local Governments" (53 Federal Register 8034) or OMB Circular No. A-110, "Crrants and Agreements with Institutions of Higher Education, Hospitals, and Other Nonprofit Organizations," and either OMB Circular No. A-87, "Cost Principles for State and Local Governments," OMB Circular No. A-21, "Cost Principles for Educational Institutions," or OMB Circular No. A- 122, "Cost Principles for Nonprofit Organizations." If this Agreement is made with a commercial (for-profit) organization on acost-reimbursement basis, the Recipient shall be subj ect to Federal Acquisition Regulations 31.2 and 931.2. (b) The Recipient shall retain sufficient records to show its compliance with the terms of this Agreement, and the compliance of all subcontractors or consultants paid from funds under this Agreement, for a period of six years from the date the audit report is issued, and shall allow the Department or its designee, the State Chief Financial Officer or the State Auditor General access to the records upon request. The Recipient shall ensure that audit working papers are available to them upon request for a period of six years from the date the audit report is issued, unless extended in writing by the Department. The six year period maybe extended for the following exceptions: L If any litigation, claim or audit is started before the six year period expires, and extends beyond the six year period, the records shall be retained until all litigation, claims or audit findings involving the records have been resolved. 2. Records for the disposition ofnon-expendable personal property valued at $5,000 or more at the time it is acquired shall be retained for six years after final disposition. 3. Records relating to real property acquired shall be retained for six years after the closing on the transfer of title. (c) The Recipient shall maintain all records for the Recipient and for all subcontractors or consultants to be paid from funds provided under this Agreement, including documentation of all program costs, in a form sufficient to determine compliance with the requirements and objectives of the Budget and Scope of Work - Attachment A -and all other applicable laws and regulations. (d) The Recipient, its employees or agents, including all subcontractors or consultants to be paid from funds provided under this Agreement, shall allow access to its records at reasonable times to the Department, its employees, and agents. "Reasonable" shall ordinarily mean during normal business hours of 8:00 a.m. to 5:00 p.m., local time, on Monday through Friday. "Agents" shall include, but not be limited to, auditors retained by the Department. (6) AUDIT REQUIREMENTS (a) The Recipient agrees to maintain financial procedures and support documents, in accordance with generally accepted accounting principles, to account for the receipt and expenditure of funds under this Agreement. (b) These records shall be available at reasonable times for inspection, review, or audit by state personnel and other personnel authorized by the Department. "Reasonable" shall ordinarily mean normal business hours of 8:00 a.m. to 5:00 p.m., local time, Monday through Friday. Rev 07/31/2009 Page 2 (c) The Recipient shall provide the Department with the records, reports or financial statements upon request for the purposes of auditing and monitoring the funds awarded under this Agreement. (d) If the Recipient is a State or local government or a non-profit organization as defined in OMB Circular A-133, as revised, and in the event that the Recipient expends $500,000 or more in Federal awards in its fiscal year, the Recipient must have a single or program-specific audit conducted in accordance with the provisions of OMB Circular A-133, as revised. EXHIBIT 1 to this Agreement shows the Federal resources awarded through the Department by this Agreement. In determining the Federal awards expended in its fiscal year, the Recipient shall consider all sources of Federal awards, including Federal resources received from the Department. The determination of amounts of Federal awards expended should be in accordance with the guidelines established by OMB Circular A-133, as revised. An audit of the Recipient conducted by the Auditor General in accordance with the provisions of OMB Circular A-133, as revised, will meet the requirements of this paragraph. In connection with the audit requirements addressed in this Paragraph 6 (d) above, the Recipient shall fulfill the requirements for auditee responsibilities as provided in Subpart C of OMB Circular A-133, as revised. If the Recipient expends less than $500,000 in Federal awards in its fiscal year, an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, is not required. In the event that the Recipient expends less than $500,000 in Federal awards in its fiscal year and chooses to have an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, the cost of the audit must be paid from non- Federal funds. (e) Send copies of reporting packages for audits conducted in accordance with OMB Circular A-133, as revised, and required by subparagraph (d) above, when required by Section .320 (d), OMB Circular A-133, as revised, by or on behalf of the Recipient to: The Department of Community Affairs at each of the following addresses: Department of Community Affairs Office of Audit Services 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 [also send an electronic copy to aurilla.parrish@dca.state.fl.us] and Department of Community Affairs Florida Small Cities Community Development Block Crrant Program/NSP Program 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 Send the Single Audit reporting package and Form SF-SAC to the Federal Audit Clearinghouse by submission online at http://harvester.census.~ov/fac/collect/ddeindex.html And to any other Federal agencies and pass-through entities in accordance with Sections .320 (e) and (f), OMB Circular A-133, as revised. (f) Pursuant to Section .320 (f), OMB Circular A-133, as revised, the Recipient shall send a copy of the reporting package described in Section .320 (c), OMB Circular A-133, as revised, and any management letter issued by the auditor, to the Department at the following addresses: Rev 07/31/2009 Page 3 Department of Community Affairs Office of Audit Services 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 [also send an electronic copy to aurilla.parrish@dca.state.fl.us] and Department of Community Affairs Florida Small Cities Community Development Block Crrant Program/NSP Program 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 (g) By the date due, send any reports, management letter, or other information required to be submitted to the Department pursuant to this Agreement in accordance with OMB Circular A-133, Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, as applicable. (h) Recipients should state the date that the reporting package was delivered to the Recipient when submitting financial reporting packages to the Department for audits done in accordance with OMB Circular A-133 or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, (i) If the audit shows that all or any portion of the funds disbursed were not spent in accordance with the conditions of this Agreement, the Recipient shall be held liable for reimbursement to the Department of all funds not spent in accordance with these applicable regulations and Agreement provisions within thirty days after the Department has notified the Recipient of such non-compliance. (j) The Recipient shall have all audits completed by an independent certified public accountant (IPA), either a certified public accountant or a public accountant licensed under Chapter 473, Fla. Stat. The IPA shall state that the audit complied with the applicable provisions noted above. The audit must be received by the Department no later than nine months from the end of the Recipient's fiscal year. (7) REPORTS (a) The Recipient shall provide the Department with monthly reports and aclose-out report. These reports shall include the current status and progress by the Recipient and all subrecipients and subcontractors in completing the work described in the Scope of Work and the expenditure of funds under this Agreement, in addition to any other information requested by the Department. (b) Monthly reports are due to the Department no later than 15 days following the last day of the preceding month and shall be sent each month until submission of the administrative close-out report. The ending dates for each month shall be the last calendar day of the month. (c) The close-out report is due 45 days after termination of this Agreement or 45 days after completion of the activities contained in this Agreement, whichever first occurs. (d) If all required reports and copies are not sent to the Department or are not completed in a manner acceptable to the Department, the Department may withhold further payments until they are completed or may take other action as stated in Paragraph (ll) REMEDIES. "Acceptable to the Department" means that the work product was completed in accordance with the Budget and Scope of Work. Rev 07/31/2009 Page 4 (e) The Recipient shall provide additional program updates or information that may be required by the Department. (~ The Recipient shall provide additional reports and information identified in Attachment D. (8) MONITORING The Recipient shall monitor its performance under this Agreement, as well as that of its subcontractors and/or consultants who are paid from funds provided under this Agreement, to ensure that time schedules are being met, the Schedule of Deliverables and Scope of Work are being accomplished within the specified time periods, and other performance goals are being achieved. A review shall be done for each function or activity in Attachments A and I to this Agreement, and reported in the monthly report. In addition to reviews of audits conducted in accordance with paragraph (6) above, monitoring procedures may include, but not be limited to, on-site visits by Department staff, limited scope audits, and/or other procedures. The Recipient agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the Department. In the event that the Department determines that a limited scope audit of the Recipient is appropriate, the Recipient agrees to comply with any additional instructions provided by the Department to the Recipient regarding such audit. The Recipient further agrees to comply and cooperate with any inspections, reviews, investigations or audits deemed necessary by the Florida Chief Financial Officer or Auditor General In addition, the Department will monitor the performance and financial management by the Recipient throughout the contract term to ensure timely completion of all tasks. (9) LIABILITY (a) Unless Recipient is a State agency or subdivision, as defined in Section 768.28, Fla. Stat., the Recipient is solely responsible to parties it deals with in carrying out the terms of this Agreement, and shall hold the Department harmless against all claims of whatever nature by third parties arising from the work performance under this Agreement. For purposes of this Agreement, Recipient agrees that it is not an employee or agent of the Department, but is an independent contractor. (b) Any Recipient which is a state agency or subdivision, as defined in Section 768.28, Fla. Stat., agrees to be fully responsible for its negligent or tortious acts or omissions which result in claims or suits against the Department, and agrees to be liable for any damages proximately caused by the acts or omissions to the extent set forth in Section 768.28, Fla. Stat. Nothing herein is intended to serve as a waiver of sovereign immunity by any Recipient to which sovereign immunity applies. Nothing herein shall be construed as consent by a state agency or subdivision of the State of Florida to be sued by third parties in any matter arising out of any contract. (10) DEFAULT If any of the following events occur ("Events of Default"), all obligations on the part of the Department to make further payment of funds shall, if the Department elects, terminate and the Department has the option to exercise any of its remedies set forth in Paragraph (ll). However, the Department may make payments or partial payments after any Events of Default without waiving the right to exercise such remedies, and without becoming liable to make any further payment: (a) If any warranty or representation made by the Recipient in this Agreement or any previous agreement with the Department is or becomes false or misleading in any respect, or if the Recipient fails to keep or Rev 07/31/2009 Page 5 perform any of the obligations, terms or covenants in this Agreement or any previous agreement with the Department and has not cured them in timely fashion, or is unable or unwilling to meet its obligations under this Agreement; (b) If material adverse changes occur in the financial condition of the Recipient at any time during the term of this Agreement, and the Recipient fails to cure this adverse change within thirty days from the date written notice is sent by the Department. (c) If any reports required by this Agreement have not been submitted to the Department or have been submitted with incorrect, incomplete or insufficient information; (d) If the Recipient has failed to perform and complete in timely fashion any of its obligations under this Agreement. (ll) REMEDIES If an Event of Default occurs, then the Department may, upon thirty calendar days written notice to the Recipient and upon the Recipient's failure to cure within those thirty days, exercise any one or more of the following remedies, either concurrently or consecutively: (a) Terminate this Agreement, provided that the Recipient is given at least thirty days prior written notice of such termination. The notice shall be effective when placed in the United States, first class mail, postage prepaid, by registered or certified mail-return receipt requested, to the address set forth in paragraph (13) herein; (b) Begin an appropriate legal or equitable action to enforce performance of this Agreement; (c) Withhold or suspend payment of all or any part of a request for payment; (d) Require that the Recipient refund to the Department any monies used for ineligible purposes under the laws, rules and regulations governing the use of these funds. (e) Exercise any corrective or remedial actions, to include but not be limited to: 1. request additional information from the Recipient to determine the reasons for or the extent of non-compliance or lack of performance, 2. issue a written warning to advise that more serious measures maybe taken if the situation is not corrected, 3. advise the Recipient to suspend, discontinue, or refrain from incurring costs for any activities m question, or 4. require the Recipient to reimburse the Department for the amount of costs incurred for any items determined to be ineligible; (f) Exercise any other rights or remedies which maybe otherwise available under law. (g) Pursuing any of the above remedies will not keep the Department from pursuing any other remedies in this Agreement or provided at law or in equity. If the Department waives any right or remedy in this Agreement or fails to insist on strict performance by the Recipient, it will not affect, extend or waive any other right or remedy of the Department, or affect the later exercise of the same right or remedy by the Department for any other default by the Recipient. Rev 07/31/2009 Page 6 (12) TERMINATION (a) The Department may terminate this Agreement for cause with thirty days written notice. Cause can include misuse of funds, fraud, lack of compliance with applicable rules, laws and regulations, failure to perform in a timely manner, and refusal by the Recipient to permit public access to any document, paper, letter, or other material subject to disclosure under Chapter 119, Fla. Stat., as amended. (b) The Department may terminate this Agreement for convenience or when it determines, in its sole discretion, that continuing the Agreement would not produce beneficial results in line with the further expenditure of funds, by providing the Recipient with thirty calendar days prior written notice. (c) The parties may agree to terminate this Agreement for their mutual convenience through a written amendment of this Agreement. The amendment shall state the effective date of the termination and the procedures for proper closeout of the Agreement. (d) In the event that this Agreement is terminated, the Recipient will not incur new obligations for the terminated portion of the Agreement after the Recipient has received the notification of termination. The Recipient will cancel as many outstanding obligations as possible. Costs incurred after receipt of the termination notice will be disallowed. The Recipient shall not be relieved of liability to the Department because of any breach of Agreement by the Recipient. The Department may, to the extent authorized by law, withhold payments to the Recipient for the purpose of set-off until the exact amount of damages due the Department from the Recipient is determined. (13) NOTICE AND CONTACT (a) All notices provided under or pursuant to this Agreement shall be in writing, either by hand delivery, or first class, certified mail, return receipt requested, to the representative identified below at the address set forth below and said notification attached to the original of this Agreement. (b) The name and address of the Division contract manager far this Agreement is: Deborah de la O, Grant Manager Department of Community Affairs, Division of Housing and Community Development, Small Cities Community Development/ Neighborhood Stabilization Program, 2555 Shumard Oak Boulevard, Tallahassee, Florida 32399-2100 Telephone: (850) 922-1791 Fax: (850) 922-5609 Email: Deborah.delao@dca.state.fl.us (c) The name and address of the Representative of the Recipient responsible for the administration of this Agreement is: Honorable Woodie McDuffie, Mayor City of Delray Beach 100 N.W. 1"Avenue Delray Beach, Florida 33444 Telephone: (561) 243-7282 Fax: (561) 243-7221 Email: wmcduffie@mydelraybeach.com Rev 07/31/2009 Page 7 (d) In the event that different representatives or addresses are designated by either party after execution of this Agreement, notice of the name, title and address of the new representative will be provided as stated in (13)(a) above. (14) SUBCONTRACTS If the Recipient subcontracts any of the work required under this Agreement, a copy of the unsigned subcontract must be forwarded to the Department for review and approval before it is executed by the Recipient. The Recipient agrees to include in the subcontract that (i) the subcontractor is bound by the terms of this Agreement, (ii) the subcontractor is bound by all applicable state and federal laws and regulations, and (iii) the subcontractor shall hold the Department and Recipient harmless against all claims of whatever nature arising out of the subcontractor's performance of work under this Agreement, to the extent allowed and required by law. The Recipient shall document in the monthly report the subcontractor's progress in performing its work under this Agreement. For each subcontract, the Recipient shall provide a written statement to the Department as to whether that subcontractor is a minority vendor, as defined in Section 288.703, Fla. Stat. (15) TERMS AND CONDITIONS This Agreement contains all the terms and conditions agreed upon by the parties. (16) ATTACHMENTS (a) All attachments to this Agreement are incorporated as if set out fully. (b) In the event of any inconsistencies or conflict between the language of this Agreement and the attachments, the language of the attachments shall control, but only to the extent of the conflict or inconsistency. (c) This Agreement has the following attachments (check all that are applicable): ® Exhibit 1 -Funding Sources ® Attachment A -Budget and Scope of Work ® Attachment B -Program Statutes and Regulations ^ Attachment C - Recordkeeping (N/A) ® Attachment D -Reports ^ Attachment E -Justification of Advance (N/A) ® Attachment F -Warranties and Representations ® Attachment G -Certification Regarding Debarment ^ Attachment H - Statement of Assurances (N/A) ® Attachment I - Activity Work Plans ® Attachment J - Program and Special Conditions ® Attachment K -Signature Authorization Form (17) FUNDING/CONSIDERATION (a) This is acost-reimbursement Agreement. The Recipient shall be reimbursed for costs incurred in the satisfactory performance of work hereunder in an amount not to exceed $1,905,005.00, subject to the availability of funds. Rev 07/31/2009 Page 8 (b) Any advance payment under this Agreement is subject to Section 216.181(16), F1a.Stat., and is contingent upon the Recipient's acceptance of the rights of the Department under Paragraph (12)(b) of this Agreement. The amount which may be advanced may not exceed the expected cash needs of the Recipient within the first three (3) months of the contract term. Any advance payment is also subject to federal OMB Circulars A-87, A-110, A-122 and the Cash Management Improvement Act of 1990. If an advance payment is requested below, the budget data on which the request is based and a justification statement shall be included in this Agreement as Attachment E. Attachment E will specify the amount of advance payment needed and provide an explanation of the necessity for and proposed use of these funds. ^ An advance payment is requested in the amount of $0.00. (check and complete if applicable) (c) After the initial advance, if any, payment shall be made on a reimbursement basis as needed. The Recipient agrees to expend funds in accordance with the Budget and Scope of Work, Attachment A of this Agreement. If the necessary funds are not available to fund this Agreement as a result of action by the United States Congress, the federal Office of Management and Budgeting, the State Chief Financial Officer, or under subparagraph (19)(h) of this Agreement, all obligations on the part of the Department to make any further payment of funds shall terminate, and the Recipient shall submit its closeout report within thirty days of receiving notice from the Department. (18) REPAYMENTS All refunds or repayments to be made to the Department under this Agreement are to be made payable to the order of "Department of Community Affairs" and mailed directly to the Department at the following address: Department of Community Affairs Cashier Finance and Accounting 2555 Shumard Oak Boulevard Tallahassee FL 32399-2100 In accordance with Section 215.34(2), Fla. Stat., if a check or other draft is returned to the Department for collection, Recipient shall pay to the Department a service fee of Fifteen Dollars ($15.00) or Five Percent (5%) of the face amount of the returned check or draft, whichever is greater. (19) MANDATED CONDITIONS (a) The validity of this Agreement is subject to the truth and accuracy of all the information, representations, and materials submitted or provided by the Recipient in this Agreement, in any later submission or response to a Department request, or in any submission or response to fulfill the requirements of this Agreement. All of said information, representations, and materials are incorporated by reference. The inaccuracy of the submissions or any material changes shall, at the option of the Department and with thirty days written notice to the Recipient, cause the termination of this Agreement and the release of the Department from all its obligations to the Recipient. (b) This Agreement shall be construed under the laws of the State of Florida, and venue for any actions arising out of this Agreement shall be in the Circuit Court of Leon County. If any provision of this Agreement is in conflict with any applicable statute or rule, or is unenforceable, then the provision shall be null and Rev 07/31/2009 Page 9 void to the extent of the conflict, and shall be severable, but shall not invalidate any other provision of this Agreement. (c) Any power of approval or disapproval granted to the Department under the terms of this Agreement shall survive the term of this Agreement. (d) This Agreement maybe executed in any number of counterparts, any one of which maybe taken as an original. (e) The Recipient agrees to comply with the Americans With Disabilities Act (Public Law 101-336, 42 U.S.C. Section 12101 et sea•) and the Florida Civil Rights and Fair Housing Acts (sections 760.01 - 760.37, Florida Statutes), which prohibit discrimination by public and private entities on the basis of disability in employment, public accommodations, transportation, state and local government services, and telecommunications. (~ A person or organization who has been placed on the convicted vendor list following a conviction for a public entity crime or on the discriminatory vendor list may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with a public entity, and may not transact business with any public entity in excess of $25,000.00 for a period of 36 months from the date of being placed on the convicted vendor list or on the discriminatory vendor list. (g) Any Recipient which is not a local government or state agency, and which receives funds under this Agreement from the federal government, certifies, to the best of its knowledge and belief, that it and its principals: 1. are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by a federal department or agency; 2. have not, within a 5-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state or local) transaction or contract under public transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; 3. are not presently indicted or otherwise criminally or civilly charged by a governmental entity (federal, state or local) with commission of any offenses enumerated in paragraph 19(g)2. of this certification; and 4. have not within a 5-year period preceding this Agreement had one or more public transactions (federal, state or local) terminated for cause or default. If the Recipient is unable to certify to any of the statements in this certification, then the Recipient shall attach an explanation to this Agreement. In addition, the Recipient shall send to the Department (by email or by facsimile transmission) the completed "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion" (Attachment G) for each intended subcontractor which Recipient plans to fund under this Agreement. Such form must be received by the Department before the Recipient enters into a contract with any subcontractor. Rev 07/31/2009 Page 10 (h) The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature, and subject to any modification in accordance with Chapter 216, Fla. Stat. or the Florida Constitution. (i) All bills for fees or other compensation for services or expenses shall be submitted in detail sufficient for a proper preaudit and postaudit thereof. (j) Any bills for travel expenses shall be submitted in accordance with Section 112.061, Fla. Stat. (k) The Department of Community Affairs reserves the right to unilaterally cancel this Agreement if the Recipient refuses to allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, Fla. Stat., which the Recipient created or received under this Agreement. (1) If the Recipient is allowed to temporarily invest any advances of funds under this Agreement, any interest income shall either be returned to the Department or be applied against the Department's obligation to pay the contract amount. (m) The State of Florida will not intentionally award publicly-funded contracts to any contractor who knowingly employs unauthorized alien workers, constituting a violation of the employment provisions contained in 8 U.S.C. Section 1324a{e) [Section 274A(e) of the Immigration and Nationality Act ("INA")]. The Department shall consider the employment by any contractor of unauthorized aliens a violation of Section 274A(e) of the INA. Such violation by the Recipient of the employment provisions contained in Section 274A(e) of the INA shall be grounds for unilateral cancellation of this Agreement by the Department. (n) The Recipient is subject to Florida's Government in the Sunshine Law (Section 286.011, Fla. Stat.) with respect to the meetings of the Recipient's governing board or the meetings of any subcommittee making recommendations to the governing board. All of these meetings shall be publicly noticed, open to the public, and the minutes of all the meetings shall be public records, available to the public in accordance with Chapter 119, Fla. Stat. (o) All unmanufactured and manufactured articles, materials, and supplies which are acquired for public use under this Agreement must have been produced in the United States as required under 41 U.S.C. 10a, unless it would not be in the public interest or unreasonable in cost. (20) LOBBYING PROHIBITION (a) No funds or other resources received from the Department under this Agreement may be used directly or indirectly to influence legislation or any other official action by the Florida Legislature or any state agency. (b) The Recipient certifies, by its signature to this Agreement, that to the best of his or her knowledge and belief: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the Recipient, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any Federal contract, grant, loan or cooperative agreement. Rev 07/31/2009 Page 11 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan or cooperative agreement, the Recipient shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying." 3. The Recipient shall require that this certification be included in the award documents for all subawards (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. (21) COPYRIGHT, PATENT AND TRADEMARK ANY AND ALL PATENT RIGHTS ACCRUING UNDER OR IN CONNECTION WITH THE PERFORMANCE OF THIS AGREEMENT ARE HEREBY RESERVED TO THE STATE OF FLORIDA. ANY AND ALL COPYRIGHTS ACCRUING UNDER OR IN CONNECTION WITH THE PERFORMANCE OF THIS AGREEMENT ARE HEREBY TRANSFERRED BY THE RECIPIENT TO THE STATE OF FLORIDA. (a) If the Recipient has apre-existing patent or copyright, the Recipient shall retain all rights and entitlements to that pre-existing patent or copyright unless the Agreement provides otherwise. (b) If any discovery or invention is developed in the course of or as a result of work or services performed under this Agreement, or in any way connected with it, the Recipient shall refer the discovery or invention to the Department for a determination whether the State of Florida will seek patent protection in its name. Any patent rights accruing under or in connection with the performance of this Agreement are reserved to the State of Florida. If any books, manuals, films, or other copyrightable material are produced, the Recipient shall notify the Department. Any copyrights accruing under or in connection with the performance under this Agreement are transferred by the Recipient to the State of Florida. (c) Within thirty days of execution of this Agreement, the Recipient shall disclose all intellectual properties relating to the performance of this Agreement which he or she knows or should know could give rise to a patent or copyright. The Recipient shall retain all rights and entitlements to any pre-existing intellectual property which is so disclosed. Failure to disclose will indicate that no such property exists. The Department shall then, under Paragraph (b), have the right to all patents and copyrights which accrue during performance of the Agreement. (22) LEGAL AUTHORIZATION. The Recipient certifies that it has the legal authority to receive the funds under this Agreement and that its governing body has authorized the execution and acceptance of this Agreement. The Recipient also certifies that the undersigned person has the authority to legally execute and bind Recipient to the terms of this Agreement. Rev 07/31/2009 Page 12 (23) ASSURANCES. The Recipient shall comply with any Statement of Assurances incorporated as Attachment H. Rev 07/31/2009 Page 13 STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS FEDERALLY FUNDED SUBGRANT AGREEMENT SIGNATURE PAGE Contract Number: lODB-4X-10-60-02-F 10 IN WITNESS WHEREOF, the parties have executed this Agreement by their duly authorized officers on the day, month and year set forth below. RECIPIENT By: Date: (Authorized 0ignatare) (Print Name) Title: Federal Tax ID# DUNS# DEPARTMENT OF COMMUNITY AFFAIRS By: (Authorized 0ignatare) Type Name: Janice Browning .Date: Title: Director, Division of Housing_ and Community Development Rev 07/31/2009 Page 14 EXHIBIT -1 THE FOLLOWING FEDERAL RESOURCES ARE AWARDED TO THE RECIPIENT UNDER THIS AGREEMENT: Florida Small Cities Community Development Block Grant Program Federal agency U.S. Department of Housing and Urban Development Catalog of Federal Domestic Assistance title: Community Development Block Crrants/State's Program and Nonentitlement Crrants Catalog of Federal Domestic Assistance #: 14.228 Award amount: THE FOLLOWING COMPLIANCE REQUIREMENTS APPLY TO THE FEDERAL RESOURCES AWARDED UNDER THIS AGREEMENT: Compliance Requirement Program 1. The Recipient will fully perform the obligations in accordance with the Budget and Scope of Work, Attachment A of this Agreement, the subgrant application incorporated herein by reference, 24 C. F. R, Subpart 1, Sections 570.480 - 570.497, the Housing and Economic Recovery Act of 2008 (HERA), the State of Florida 2008 Substantial Amendment, and Federal Register Notice Numbers 5255-N-01 and 5255-N02. 2. The Recipient shall be governed by Rule Chapter 98-76, F.A.C. and federal laws, rules and regulations, including but not limited to those identified in Attachments 8 and J. Rev 07/31/2009 Page 15 Attachment A Scope of Work and Budget Rev 07/31/2009 Page 16 Attachment B Program Statutes and Regulations By signature of this Agreement, the local government hereby certifies that it will comply with the following applicable federal and state requirements: Section I: State and Federal Statutes and Regulations 1. Community Development Block Grant, Final Rule, 24 C.F.R., Part 570.602; 2. Florida Small and Minority Business Act, s. 288.702- 288.714, F.S.; 3. Florida Coastal Zone Protection Act, s. 161.52-161.58, F.S.; 4. Local Government Comprehensive Planning and Land Development Regulation Act, Ch. 163, F.S.; 5. Title I of the Housing and Community Development Act of 1974, as amended 6. Treasury Circular 1075 regarding drawdown of NSP funds 7. Sections 290.0401-290.049, F.S.; 8. Rule Chapter 9B-76, Fla. Admin. Code.; 9. Department of Community Affairs Technical Memorandums; 10. HUD Circular Memorandums applicable to the Small Cities CDBG Program; 11 Single Audit Act of 1984; 12. National Environmental Policy Act of 1969 and other provisions of law which further the purpose of this Act; 13. National Historic Preservation Act of 1966 (Public Law89-665) as amended and Protection of Historic Properties (24 CFR Part 800); 14. Preservation of Archaeological and Historical Data Act of 1966; 15. Executive Order 11593 -Protection and Enhancement of Cultural Environment; 16. Reservoir Salvage Act; 17. Safe Drinking Water Act of 1974, as amended; 18. Endangered Species Act of 1958, as amended; 19. Executive Order 12898 -Environmental Justice 20. Executive Order 11988 and 24 CFR Part 55 - Floodplain Management; 21. The Federal Water Pollution Control Act of 1972, as amended (33 U.S.C., s. 1251 et.seq.); 22. Executive Order 11990 -Protection of Wetlands; 23. Coastal Zone Management Act of 1968, as amended; 24. Wild and Scenic Rivers Act of 1968, as amended; 25. Clean Air Act of 1977; 26. HUD Environmental Standards (24 CFR Part 58); 27. Farmland Protection Policy Act of 1981; 28. Clean Water Act of 1977; 29. Davis -Bacon Wage Rate Act; 30. Contract Work Hours and Safety Standards Act of 1962, 40 U.S.C. s. 327 et. seq.; 31. The Wildlife Coordination Act of 1958, as amended; 32. The Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act of 1975 (42 U.S.C., s. 6901 et. seq.); 33. Noise Abatement and Control: Departmental Policy Implementation, Responsibilities, and Standards, 24 CFR Part 51, Subpart B; 34. Flood Disaster Protection Act of 1973, P.L. 92-234; 35. Protection of Historic and Cultural Properties under HUD Programs, 24 CFR Part 59; 36. Coastal Zone Management Act of 1972, P.L. 92-583; 37. Architectural and Construction Standards; 38. Architectural Barriers Act of 1968, 42 U.S.C. 4151; 39. Executive Order 11296, relating to evaluation of flood hazards; 40. Executive Order 11288, relating to prevention, control and abatement of water pollution; 41. Cost-Effective Energy Conservation Standards, 24 CFR Part 39; 42. Section 8 Existing Housing Quality Standards, 24 CFR Part 882; 43. Coastal Barrier Resource Act of 1982; 44. Federal Fair Labor Standards Act, 29 U.S.C., s. 201 et. seq.; 45. Title VI of the Civil Rights Act of 1964 - Non- discrimination; 46. Title VI I of the Civil Rights Act of 1968 - Non- discrimination in housing; 47. Age Discrimination Act of 1975; 48. Executive Order 12892- Fair Housing 49. Section 109 of the Housing and Community Development Act of 1974, Non-discrimination; 50. Section 504 of the Rehabilitation Act of 1973 and 24 CFR Part 8; 51. Executive Order 11063 -Equal Opportunity in Housing; 52. Executive Order 11246 -Non-discrimination; 53. Section 3 of the Housing and Urban Development Act of 1968, as amended -Employment/Training of Lower Income Residents and Local Business Contracting; 54. Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, P.L., 100-17, and 49 CFR Part 24; 55. Copeland Anti-Kickback Act of 1934; 56. Hatch Act; 57. Title IV Lead-Based Paint Poisoning Prevention Act (42 U.S.C., s. 1251 et. seq.); 58. OMB Circulars A-87, A-102, A-122, and A-133, as revised; 59. Administrative Requirements for Grants, 24 CFR Part 85; 60. Section 102 of the Department of Housing and Urban Development Reform Act of 1989 and 24 CFR Part 12. 61. Title III of Division B of the Housing Recovery and Economic Act of 2008 (HERA), P.L. 110-289. 62. Approved State of Florida 2008 Action Plan Substantial Amendment. 63. Federal Register Notice Numbers 5255-N-01 and 5255-N-02. Page 17 Attachment C Recordkeeping Not Applicable 18 Attachment D Reports The following reports must be completed and submitted to the Department in the time frame indicated. Failure to timely file these reports constitutes an event of default, as defined in Paragraph (10) of this Agreement. 1. The Contractual Obligation and MBE Report must be submitted to the Department by April 15 and October 15 annually. The form must reflect all contractual activity for the period. If no activity has taken place during the reporting period, the form must indicate "no activity". 2. A Monthly Progress Report must be submitted to the Department fifteen (15) days after the end of the month on the report form provided by the Department. The report is due on the 15~ of the following month. 3. The Administrative Closeout Package must be submitted to the Department forty-five (45) days after the Agreement termination date. 4. In accordance with OMB Circular A-133, revised, should the Recipient meet the threshold for submission of a single or program specific audit, the audit must be conducted in accordance with OMB Circular A-133 and submitted to the Department no later than nine (9) months from the end of the Recipient's fiscal year. 5. The Section 3 Summary Report must be completed and submitted to the Department by July 31 annually. The form must be used to report annual accomplishments regarding employment and other economic opportunities provided to persons and businesses that meet Section 3 requirements. 19 Attachment E Justification of Advance Payment Not Applicable 20 Documentl Attachment F Warranties and Representations Financial Mana eg ment Recipient's financial management system must include the following: (1) Accurate, current and complete disclosure of the financial results of this project or program. (2) Records that identify the source and use of funds for all activities. These records shall contain information pertaining to grant awards, authorizations, obligations, unobligated balances, assets, outlays, income and interest. (3) Effective control over and accountability for all funds, property and other assets. Recipient shall safeguard all assets and assure that they are used solely for authorized purposes. (4) Comparison of expenditures with budget amounts for each Request For Payment. Whenever appropriate, financial information should be related to performance and unit cost data. (5) Written procedures to determine whether costs are allowed and reasonable under the provisions of the applicable OMB cost principles and the terms and conditions of this Agreement. (6) Cost accounting records that are supported by backup documentation. 21 Competition All procurement transactions shall be done in a manner to provide open and free competition. The Recipient shall be alert to conflicts of interest as well as noncompetitive practices among contractors that may restrict or eliminate competition or otherwise restrain trade. In order to ensure excellent contractor performance and eliminate unfair competitive advantage, contractors that develop or draft specifications, requirements, statements of work, invitations for bid and/or requests for proposals shall be excluded from competing for such procurements. Awards shall be made to the bidder or offeror whose bid or offer is responsive to the solicitation and is most advantageous to the Recipient, considering the price, quality and other factors. Solicitations shall clearly set forth all requirements that the bidder or offeror must fulfill in order for the bid or offer to be evaluated by the Recipient. Any and all bids or offers may be rejected when it is in the Recipient's interest to do so. Codes of Conduct The Recipient shall maintain written standards of conduct governing the performance of its employees engaged in the award and administration of contracts. No employee, officer, or agent shall participate in the selection, award, or administration of a contract supported by public grant funds if a real or apparent conflict of interest would be involved. Such a conflict would arise when the employee, officer, or agent, any member of his or her immediate family, his or her partner, or an organization which employs or is about to employ any of the parties indicated, has a financial or other interest in the firm selected for an award. The officers, employees, and agents of the Recipient shall neither solicit nor accept gratuities, favors, or anything of monetary value from contractors or parties to subcontracts. The standards of conduct shall provide for disciplinary actions to be applied for violations of the standards by officers, employees, or agents of the Recipient. 22 Business Hours The Recipient shall have its offices open for business, with the entrance door open to the public, and at least one employee on site at all reasonable times for business. "Reasonable" shall be construed according to circumstances, but ordinarily shall mean normal business hours of 8:00 a.m. to 5:00 p.m., local time, Monday through Friday. Licensin,~ and Permitting All subcontractors or employees hired by the Recipient shall have all current licenses and permits required for all of the particular work for which they are hired by the Recipient. 23 Attachment G Certification Regan°ding Debarment, Suspension, Ineligibilit~~ And Voluntary Exclusion Subcontractor Covered Transactions (1) The prospective subcontractor of the Recipient, ,certifies, by submission of this document, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. (2) Where the Contractor's subcontractor is unable to certify to the above statement, the prospective contractor shall attach an explanation to this form. (Sub-Contractor' a Name) (Authorized Signature) (Print Name and Title) (Street Address) (City, State, Zip) Date: (Recipient' a Name) lODB-4X-10-60-02-F 10 (DCA Contract Number) 24 Attachment H Statement of Assurances Not Applicable 25 Attachment I Activity Work Plans 26 Attachment J Program and Special Conditions 1. The Recipient shall maintain records of expenditure of funds from all sources that will allow accurate and ready comparison between the expenditures and the contracted budget/activity line items as defined on Attachment A (Budget) and Attachment I (Work Plans). 2. If necessary, the Recipient shall retain sufficient administration funds to ensure Internet access, including email, for the duration of the Agreement, including any time extensions. If the Recipient does not already have a computer designated to the person responsible for grant oversight, which is located in the program office and capable of Internet access, administrative funds may be used as needed to obtain, at reasonable cost, a computer to allow Internet access. 3. No costs may be incurred prior to the effective date of this Agreement, except for those eligible application preparation costs outlined in the original Subgrant Application submitted to the Department, unless pre-agreement costs were approved in writing. 4. For each professional services contract for which NSP funding will be requested, the Recipient shall submit a copy of the following procurement documents: a. Public notice of the request for proposals, including an affidavit of publication; b. List of entities to whom a notification of the request for proposals was provided by mail or fax (if applicable); c. For engineering contracts, a list of firms that submitted a proposal (only if short-listing procedure was used); d. Completed short-listing evaluation ranking forms, including any ranking summary document, and document transmitting the short-listed firms to the Recipient (only if short-listing procedure used); e. Completed and signed final evaluation/ranking forms; £ Recipient minutes approving contract award; g. Cost breakout from selected firm used for completion of the cost analysis (if pricing information was not submitted with proposals); h. Contract (signed or proposed); 27 i. Truth-in-Negotiation certification (if not in the contract) for engineering contracts over $150,000; j. If a protest was filed, a copy of the protest and documentation of resolution; k. A request for the Department's approval of a single source procurement if only one firm was considered and the contract exceeds $25,000. Additionally, the Recipient shall not enter into a contract to be paid with NSP funds based on a sole source or single proposal procurement without prior written approval from the Department. Failure to secure prior written approval shall relieve the Department of any obligation to fund said contract. Any previous payments to the Recipient to fund said contract shall be ineligible and shall be repaid to the Department by the Recipient. L If a regional planning council or local government is performing services, the Recipient shall submit only a copy of the contract and cost analysis information; and m. If professional services procurement will not be undertaken, advise the Department in writing no later than ninety days from the effective date. 4. Prior to the obligation or disbursement of any funds, except for administrative expenses not to exceed fifty thousand dollars ($50,000), no later than ninety days from the effective date of this Agreement, the Recipient shall complete the following: a. The documentation required in paragraph 3 above for any professional services contract. b. Comply with procedures set forth in 24 CFR Part 58, Environmental Review Procedures for Title I Community Development Block Grant Programs and 40 CFR Sections 1500-1508, National Environmental Policy Act Regulations. When this condition has been fulfilled to the satisfaction of the Department, the Department will issue a Notice of Removal of Environmental Conditions. 5. The Recipient shall obtain approval from the Department prior to requesting NSP funds for engineering activities and costs which are additional engineering as defined in Rule Chapter 9B-76, Florida Administrative Code. 6. Should the Recipient undertake any activity subject to the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (URA), the Recipient shall document completion of the acquisition by submitting all documentation required for a desk monitoring of the acquisition, including notice 28 to the property owner of his or her rights under URA, invitation to accompany the appraiser, all appraisals, offer to the owner, acceptance, contract for sale, statement of settlement costs, copy of deed, waiver of rights (for donations), as applicable. The documentation shall be submitted prior to completing the acquisition (closing) so that the Department can determine whether remedial action may be needed. This program condition shall remain in effect until the Recipient is released by the Department through written notification. 7. The Recipient will comply with the acquisition and relocation requirements of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended (42 U.S.C. 4601), and implementing regulations at 49 CFR Part 24, except as those provisions are modified by the Notice for the NSP program published by HUD. NSP requires an exception to the Uniform Relocation Act and purchase price requirements under CDBG regulations. URA requires that sellers of property acquired with CDBG funds be paid an amount equal to the appraised value of the property. Properties receiving NSP funds must be purchased at a price which is at least 1 % less than the current appraised value of the property. An appraisal by the purchasing entity is required and must have been done within 60 days of any offer. All other URA requirements, including relocation, continue to apply. 8. If applicable, the Recipient shall, prior to the disbursement of any NSP administrative funds exceeding $50,000., provide to the Department a copy of all engineering specifications and construction plans, if required, for the activities described in the Agreement. The Recipient shall also furnish to the Department, prior to soliciting bids or proposals, a copy of bid documents for services and/or materials to provide those services and/or materials for construction activities when the bids are expected to exceed $25,000. Additionally, the Recipient shall not publish any request for bids for construction purposes or distribute bid packages until the Department has provided its written acceptance of the engineering specifications, construction plans, and bid documents. 9. The Recipient shall affirmatively further fair housing, which means that it shall conduct an analysis to identify impediments to fair housing choice within the jurisdiction, take appropriate actions to overcome the effects of any impediments identified through that analysis, and maintain records reflecting the analysis and actions in this regard. The Recipient shall annually undertake an activity to affirmatively further fair housing pursuant to 24 CFR Section 570.487(b)(4). "Annually" shall be defined as an activity for each year or one-third thereof from the effective date of the Agreement to the date of submission of the administrative closeout package.- 10. The resulting product of any activity funded under this Agreement as amended shall be ineligible for rehabilitation or replacement with NSP funds for a period of five (5) years. 29 11. Any interest in real property (excluding easements) which is assisted, acquired or improved with NSP funds shall be subject, at a minimum, to the affordability requirements of 24 CFR Sections 252 and 254. The restrictive covenants shall be recorded in the public records of the county where the real property is located, and shall be enforceable with respect to the real property for the entire period of affordability. This restriction shall limit the use of that real property to the use stated in the Sub-grant Application. Any future disposition of that real property shall be in accordance with 24 CFR Section 85.31. Any future change of use shall be in accordance with 24 CFR Section 570.489(j). 12. The activities concerning lead-based paint will comply with the requirements of 24 CFR Part 35, subparts A, B, J, K, and R. For structures constructed prior to 1978, the Recipient shall require that appropriate abatement procedures will be undertaken if lead-based paint is found on a structure scheduled for rehabilitation in whole or in part with NSP funds and that the owners and/or occupants of the building will be advised: a. The property may contain lead-based paint; b. The hazards of lead-based paint; c. The symptoms and treatment of lead poisoning; d. The precautions to betaken to avoid lead-based paint poisoning (including maintenance and removal techniques for eliminating such hazards); e. The need for and availability of blood lead-level screening for children under seven years of age; and 13. The Recipient shall comply with the historic preservation requirements of 24 CFR 58.17 and the Secretary of the Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings. 14. Pursuant to Section 102(b), Public Law 101-235, 42 U.S.C. Section 3545, the Recipient shall update and submit Form HUD 2880 to the Department within 30 days of the Recipient's knowledge of changes in situations which would require that updates be prepared. The Recipient must disclose: a. All developers, contractors, consultants, and engineers involved in the application or in the planning, development, or implementation of the project or NSP funded activity; and b. Any person or entity that has a financial interest in the project or activity that exceeds $50,000 or ten percent (10%) of the grant, whichever is less. 30 15. A final Form HUD 2880, if required, shall be provided to the Department with the request for administrative closeout, and its absence or incompleteness shall be cause for rejection of the administrative closeout. 16. Conflicts of interest relating to procurement shall be addressed pursuant to 24 CFR 570.489(g). Conflicts of interest relating to acquisition or disposition of real property; NSP financial assistance to beneficiaries, businesses, or other third parties; or any other financial interest, whether real or perceived, shall be addressed pursuant to 24 CFR. 570.489(h). 17. The Recipient shall take photographs or video of all activity locations prior to initiating any NSP-assisted activity. As the construction progresses, additional photography or videography shall document the ongoing improvements. Upon completion of construction, final documentation of the activity locations will be provided to the Department with the administrative closeout package. 18. If an activity is designed by an engineer, architect, or other licensed professional, it shall be certified upon completion by a licensed professional as meeting the specifications of the design, as may have been amended by change orders. The date of completion of construction shall be noted as part of the certification. This certification shall be accomplished prior to submission of an administrative closeout package, and a copy of the certification shall be submitted with the administrative closeout package. 19. The Recipient warrants that it possesses the legal authority to carry out the programs for which it is seeking funding, in accordance with applicable HUD regulations and other program requirements. 20. The Recipient shall comply with section 3 of the Housing and Urban Development Act of 1968 (12 U.S.C. 1701u), and implementing regulations at 24 CFR Part 135. 21. The Recipient will comply with the requirement that all of the NSP funds made available to it will be used with respect to individuals and families whose incomes do not exceed 120 percent of area median income. All funds allocated to assist the NSP Low-Income (NSPLI) target population must be used to provide rental housing for those individuals and families whose incomes do not exceed 50 percent of area median income. 22. The Recipient will not attempt to recover any capital costs of public improvements assisted with CDBG funds, including Section 108 loan guaranteed funds, by assessing such costs against properties owned and occupied by persons of low- or moderate-income. No fee maybe charged or assessed as a condition of obtaining access to such public improvements. However, if NSP funds are used to pay the portion of a fee or assessment attributable to the capital costs of public improvements assisted in part with NSP funds or financed from other revenue 31 sources, an assessment or charge may be made against the property with respect to the public improvements financed by a source other than CDBG funds. In addition, with respect to properties owned and occupied by moderate-income (but not low-income) families, an assessment or charge may be made against the property with respect to the public improvements financed by a source other than NSP funds if the jurisdiction certifies that it lacks NSP or CDBG funds to cover the assessment. 23. The Recipient certifies that it has adopted and is enforcing: (1) a policy prohibiting the use of excessive force by law enforcement agencies within its jurisdiction against any individuals engaged in non-violent civil rights demonstrations; and (2) a policy of enforcing applicable State and local laws against physically barring entrance to or exit from, a facility or location that is the subject of such non-violent civil rights demonstrations within its jurisdiction. 24. The NSP grant will be conducted and administered in conformity with Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d), the Fair Housing Act (42 U.S.C. 3601-3619), and implementing regulations. 25. The Recipient acknowledges and agrees to comply with the requirement that all purchases of foreclosed or abandoned property must be purchased at a price which is at least 1 % below appraised value for individual purchase transactions, with the appraisal being conducted within 60 days of the final offer to the purchase being made. Mitigation of fraud, waste and abuse 26. Recipient shall warrant and assure that no entity receiving NSP funds has been convicted of a State or Federal felony crime involving fraud, bribery, theft, misrepresentation of material fact, misappropriation of funds, or similar criminal offenses within ten years preceding execution of this Agreement. 27. Recipient shall warrant and assure that no entity receiving NSP funding has defaulted on any obligation covered by a surety or performance bond, or been the subject of a claim under an employee fidelity bond. 28. Recipient shall warrant and assure that no developer (non-profit or for-profit) receiving NSP funds has defaulted on a mortgage or had a mortgage foreclosed during the five years preceding the date of execution of this Agreement. 32 29. Recipient shall warrant and assure that no entity receiving NSP funds has unresolved findings that were raised as a result of any Department or HUD audit, management review, or other government investigation concerning the entity, its developments, or contracts. 30. Recipient shall warrant and assure that no entity receiving NSP funds has been in breach of any agreement relating to construction, rehabilitation, use, operation, management, or disposition of real property, or had payments suspended or terminated under any state or federal assistance contract. 31. The Department reserves the right to require the Recipient to contract with a third party management or accounting entity to audit any or all real estate and financial transactions involving NSP funds. Use of Third Party Entities 1. Before disbursing any NSP funds to any entity, the Recipient must enter into a written agreement with that entity. Before disbursing any NSP funds to any entity, the Recipient must either directly or indirectly oversee the execution of written agreements with that entity, including sub-recipients, contractors, and property owners, that ensure the proper use of funds and compliance with applicable regulations. Sub-recipients must also enter into, or oversee the execution of, written agreements with or between any contractors, property owners, or other entities, prior to disbursing NSP funds. 2. The Recipient shall monitor the day-to-day operations of sub-recipient activities to assure compliance with applicable Federal requirements and performance goals. Recipient monitoring must cover each NSP strategy, function, or activity. Housing Rehabilitation Standards 1. The Recipient shall provide assistance for the rehabilitation of housing in a floodplain only after documenting in the rehabilitation case file for that structure that the Recipient and the beneficiary are in compliance with the Flood Disaster Protection Act of 1973. This documentation must address, at a minimum, elevation requirements, erosion, and water, sewage, or septic tank requirements. Each structure located within a floodplain that is rehabilitated to any extent with NSP funds shall be insured under the National Flood Insurance Program until at least submission of the administrative closeout package. 2. The Recipient must comply with the NSP Housing Assistance Plan (HAP) that was provided to the Department as part of the application process. The Recipient agrees that this Housing Assistance Plan will be followed unless waived by the local governing body and approved by the Department. Department approval is required for HAP revisions made after application deadline. 33 3. Bids for rehabilitation or reconstruction of housing units shall only be accepted from contractors who are properly licensed by the State of Florida, Department of Business and Professional Regulation and any local government agency responsible for oversight. 5. Change orders for housing rehabilitation or reconstruction shall be approved by the housing unit owner or his or her representative, the contractor and a representative of the local government prior to initiation of work based on that change order. 6. To document completion of construction, each housing unit case file shall contain the following information: a. A statement from the contractor that all items on the initial work write-up and those modified through change orders are complete; b. An acknowledgment that the housing unit meets the applicable local code and Section 8 Housing Quality Standards, signed and dated by the local building inspector or the local government's housing rehabilitation specialist; c. A signed statement by the housing unit owner or his or her representative that the work has been completed based on the work write-up and change orders. Should all requirements be fulfilled and the homeowner or their representative refuse to acknowledge completion of the work, the housing unit case file shall be documented with a statement detailing the stated reason for said refusal; 7. Recipients are responsible for verifying and maintaining documentation verifying that households receiving direct benefit, in the form of hook-ups to potable water and/or sewage collection lines, meet program requirements regarding the low-, moderate- and middle income national objective. The filing system must be maintained locally and at a minimum contain the following: a. The name of the owner, the address of the property, and family size; b. The method and source of how household income was verified; c. Documentation that reflects the income of the household is below NSP income limits based on family size; d. The method and source of home ownership was verified with official documentation; and, 34 e. An acceptable written agreement with the owner(s) as to affordability and subsequent rate increase, if rental property is involved. The information must be maintained for review and verification during on-site monitoring visits; and, 8. The following data will be provided by housing unit as part of the administrative closeout for each NSP activity providing direct benefit (i.e. down payment assistance, temporary relocation, rehabilitation, etc.) and summarized by activity and submitted with the administrative closeout package: a. Address of each housing unit acquired and/or rehabilitated with NSP funds, the date the construction or sale was completed on the housing unit, and the amount of NSP funds spent on that housing unit; b. Whether the household is headed by a female, the number of handicapped persons in the household, the number of elderly persons in the household, and the LMMI status of the household; c. The number of occupants in the household, categorized by gender; and d The racial demographics of the household by number (white, black, Hispanic, Asian/Pacific Islander. Hasidic Jew or American Indian/Alaskan native. 35 Attachment K Signature Authorization Form 36 Attachment K Department of Community Affairs Neighborhood Stabilization Program Florida Small Cities Community Development Block Grant (CDBG) Program SIGNATURE AUTHORITY FORM Submit an original Signature Authority Form with each contract, Recipient Contract # Local Government DUNS Number Mailing Address (Street or Post Office Box) City, State and Zip Code Project Contact Person Telephone # E-mail Address Financial Contact Person Telephone # E-mail Address Requests for Funds (RFFs) from the Florida Small Cities CDBG Program require (check one): [ ]one signature [ ]two signatures of individuals authorized below. No more than two individuals can be authorized to use Florida PAPERS. CDBG contracts require that at least one (1) RFFs must be submitted each quarter and should reflect all expenditures incurred durin that re ortin eriod. Typed Name Date Signature [ ]Check here if the above person will be the E-mail Address desi Hated FloridaPAPERS user. Typed Name Date Signature [ ]Check here if the above person will be the E-mail Address desi Hated FloridaPAPERS user. Typed Name Date Signature [ ]Check here if the above person will be the E-mail Address desi Hated FloridaPAPERS user. I certify, as the recipient's Chief Elected Official, that the above signatures are of the individuals authorized to sign Requests for Funds and to submit RFFs electronically to the Small Cities Community Development Block Grant Program using FloridaPAPERS. Typed Name Date Signature [ ]Check here if your local government utilizes Electronic Funds Transfer (EFT) from the State of Florida. [ ]Check here if your local government will be working on a reimbursement basis. [ ] If this signature authority form pertains to a housing grant, check here if your local government will use an escrow account for housin activities. CDBG payments to /oca/governments using EFTare automatically deposited in the local government's general account. If the account is interest bearing, the CDBG funds must be transferred to anon-interest bearing account. Please call the CDBG Program at 850/922-1878 or 487-3644 if you have questions. You can check the status of your deposit at the Comptroller's website: http://flair.dbf.state.fl.us/. Loca/governments not receiving EFT, and not working on a reimbursement basis, must establish anon-interest bearing account. Provide account information for the financial institution (insured by FDIC) below. All signatures on the account must be bonded. Name of Financial Institution Account Number Street Address or Post Office Box Telephone Number City, State and Zip Code MEMORANDUM TO: Mayor and City Commissioners FROM: Linda Karch, Director of Parks and Recreation THROUGH: David Harden, City Manager DATE: September 30, 2009 SUBJECT: AGENDA ITEM 8.D. -REGULAR COMMISSION MEETING OF OCTOBER 6, 2009 AMENDMENT TO MARINA RULES AND REGULATIONS ITEM BEFORE COMMISSION City Commission approval is requested to amend Marina Rules and Regulations to include the minimum boat length of 30 feet and maximum of 55 feet to be allowed at the Muncipal Marina. BACKGROUND On September 22, 2009 the Commission approved a rate decrease per foot at the City of Delray Beach Marina. However, there was concern as to the length of the vessel allowed at the Marina. In response, an amendment to the Rules and Regulation of the City Marina has been prepared to provide that only boats measuring between 30 feet and 55 feet shall be allowed to enter into a license agreement for the use of dock/slip space at the Marina, whether it may be on a long term or short term basis. RECOMMENDATION Parks and Recreation recommends City Commission approval. RU~.ES AND REGULATIONS OF THE CITY MARINA (A} A copy of these rules and regulations shall be furnished to each person, firm, or corporation having a t.icense Agreement for dockage space in the City Marina. The rules and regulations of the City Marina are as set forth herein below. It is made a condition of the License Agreement that the aforesaid rules and regulations shall be fully complied with by any person, firm, or corporation. 1) The rules of the road and the navigation laws of the United States apply to all vessels in ar approaching the marina. 2) Owners departing should notify the City so that proper arrangements can be made to have docks clear upon return. The marina reserves the right to sublicense all docks when they are vacant. 3) Sublicensing of sups by Owners is not permitted. 4} Noise should be kept to a minimum at all times. 5) Residents should use discretion in the operation of generating plants, main engines, and other power equipment so as not to create exceptional noise after 6:04 PM and before 9:00 AM. 6) The extent of boat repairs and maintenance at dockside is at the discretion of the City. Major repairs will not be allowed. 7} Piers are to be kept clear at all times. Storage of Ioose gear is not permitted. Hoses and electric lines should not cross piers. No dock boxes or any other fixtures shall be placed on piers without specific written approval of the Director of Parks and Recreation. Only one ('I }dock box per slip is allowed and will be provided by Marina. 8} Pets are permitted upon approval of the Director of Parks and Recreation as long as they do not disturb other guests. They must be leashed at all times. 9) Only boats in seaworthy condition and under their own power will be admitted to berthing areas. 90) Berths will be assigned by the Director of Parks and Recreation, or her duly authorized representative. 11} It shall also be the responsibility of Owners to keep their vessels in such condition that they do not become unsightly or dilapidated or reflect unfavorably on the appearance standards of the marina. 12) No refuse shall be thrown overboard. Ali garbage and trash shall be placed in receptacles provided. No person shall discharge sewage, nil, spirits, inflammable liquids, oily bilge, other chemicals or substances into the basin. 2 13) Swimming, diving, or fishing shall not be permitted from the docks or boats. 14} ~.aundry of any type or any item of a personal nature shall not be hung to dry out, or air, in public view aboard any vessel or any pier while a dockside licensee of the marina. 15) No advertising or soliciting will be permitted on any boat. However, any boat may display a small, not to exceed one foot square, "for sale" sign. 16) It shall be unlawful for the owner, operator, or person in charge of any vessel to remove said vessel from the marina property, without permission of the City, when said vessel has a delinquency in its dockage account. 17) No fires of any kind are allowed on boats or main docks. 18) Only one (1) automobile per slip is allowed to be parked in the space in front of the Owner's slip. Additional parking spaces for Owners and their guests are available as signed at the north and south ends of the Marina. 19) Please notify the Parks and Recreation Department thirty (30) days prior to departure and provide an emergency contact address and telephone number if possible. 20) Owner's liability insurance coverage must be of a form applicable to watercraft and approved by the City's Risk Manager, with per occurrence or per accident limits for protection and indemnity coverage of at least $500,000.00 (or as an equivalent, a $500,000.00 combined single limit}. Fuelloil spill liability coverage will also be provided in these same limits by the Owner. The Owner shall also provide hull insurance in an amount that is comparable to the value of the boat. The City of Delray Beach must be named as an Additional Insured as respects to Marina occupancy by the Owner and watercraft. A valid copy of the current insurance certificate must be on file with the City at all times. 21 } Trailers of any type are not allowed to be stored or parked on Marina property. 22) ~EF~~ r~eir,ininaf AA<srin~ {~nl boats measurin between 3p feet and 55 feet shall be allowed to enter into a license a reement for the use of docklsli s ace at the Marina whether it ma be on a long term or short term basis. 23} Fueling boats is not allowed at the municipal Marina. (B) Any suggestions or complaints should be brought to the attention of the Parks and Recreation Department. The City, or its representative, may cancel the dockage License Agreement and order any vessel to vacate the space said vessel is occupying for the violation of any of the marina's rules or regulations. MEMORANDUM TO: Mayor and City Commissioners FROM: R. Brian Shutt, City Attorney DATE: October 1, 2009 SUBJECT: AGENDA ITEM 8.E. -REGULAR COMMISSION MEETING OF OCTOBER 6, 2009 AGREEMENT/DELRAY HARBOR CLUB ASSOCIATION, INC. ITEM BEFORE COMMISSION The attached Agreement between the Delray Harbor Club and the City allows the Harbor Club to moor a boat adjacent to the northern side of the seawall as depicted in Exhibit "A", attached to the Agreement. BACKGROUND The Commission, at its September 22, 2009 meeting, directed staff to draft an agreement between the Harbor Club and the City to allow a boat to be moored along the north side of their seawall, with certain conditions. The attached agreement provides that no boat in excess of 100 ft. may be moored alongside the north side of the seawall and that in the event a hurricane warning is issued no boat shall be moored alongside the seawall. The agreement further provides that in the event a boat is moored along the north side of the seawall and such boat becomes unattached from the seawall and causes damage to Knowles Park, the Harbor Club shall repair such damage. RECOMMENDATION Commission approval of the Agreement with Delray Harbor Club. AGREEIVICENT _F -~- THIS AGREEMENT entered into this--~ ~ day o ~'~~ 1,~~-200 by and between the CITY OF DELRAY BEACH, a Florida municipal corporation, (hereinafter referred to as CITY) and DELRAY HARBOR CLUB ASSOCIATION, INC. (hereinafter referred to as HARBOR CLUB}, provides as foilaws: 'WHEREAS, the HARBOR CLUB owns a seawall adjacent to the southern boundary of Knowles Park and wishes to dock a boat on the northern side of the seawall, adjacent to Knowles Park; and WHEREAS, the CITY desires to insure that the view and native vegetation for Knowles Park is preserved. NOW, THEREFORE, in consideration of the rriutual covenants and undertakings set forth herein and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the HARBOR CLUB and CITY hereby agree as follows: 1. INCORPORATION ~OF RECgI'ALS. The above-stated recitals are incorporated as if'fully set forth herein. 2, MOrO.RING OF THE BOAT. The CITY shall allow the HARBOR CLUB to moor/dock a baatlvessel along the northern side of its seawall, as shown on Exhibit "A", attached hereto and incorporated herein. HARBOR CLUB agrees that in the event that a hurricane warning is issued for this area, it shall not allow any boat/vessel of any sort to be moored/docked adjacent to the northern side of the seawall until the warning is lifted. HA.RBQR CLUB further agrees that no boat/vessel that is in excess of one hundred (100 ft.) feet in length shall be moored/docked adjacent to the northern side of the seawall, as shown in exhibit "A". Moreover, HARBOR CLUB agrees that in the event a boat/vessel is maored/dacked along the northern side of its seawall and such boat/vessel becomes unattached to the seawall and causes damage to Knowles Park, regardless of the cause, then RARBOR CLI7T3 agrees to repair such damage or give the CITY such funds to repair such damage with a reasonable period of time, as determined by the CITY. 3. GOVERNING LAWS: VENUE. Any claims, lawsuits or disputes that may arise under this Agreement shall be governed by the La~Ts of Florida, with venue in Palm Beach County, Florida. 4. INTEGRATION; AMENDMEN'T'S. This Agreement constitutes the entire agreement and understanding of the parties. There are no representations ar understandings of any kind not set forth herein. Any amendments to this Agreement must be in writing and executed by both parties. IN WITNESS WHEREOT<', the parties hereto have entered into this Agreement as of the day and year first above written. ATTEST: By: City Clerk Approved as to Form: By: City Attorney LV~ SSES: ~j /~ (N~ e Printed or Ty ed} a'_-~-. ~ (Name Printed or Typed) STATE OF ~- ~:>~~! o) .~- C RUNTY OF ~- l.-/-~ ~ f_'/I -~= -f CITY OF DELRAY :BEACff By: Nelson S. McDuffie, Mayor HARBOR CLUB ~,A-;~~ L7~.~ ,2. ~~ ~~ -President @ The foregoin,~g instrument was acknowledged before me this ~ day of ~~-rA 1' , 200 by ~'~~Z-c> ~ ~ ~ ~Z Z ~ y , as ~~~~-~' l ~ E-rc.li _ (na ernern of officer or agent, title of officer or agent}, of RARBOR CLUB, a r`~~--r~/Z-I r~ ~- (state or place of incorporation} corporation, on behalf of the corporation. He/She is personally known to me or has produced ~ (type of identilfi~ation) as i ec~`nfi c`fi a~o'n.~' ~ /,' f` f ff ~-~ Signature-of Notary Public NOTARY T'UBLlC-STATE ©F FLORIDA •""""~ Sheldon Bodnick ~=Commission #DD886791 `= ,..•~ Expires: JTINE 02, 2013 $oNgED TKRU ATLANTIC BONDING CD., ING EXHIBIT "A" Knowles Park Aerial MEMORANDUM TO: Mayor and City Commissioners FROM: R. Brian Shutt, City Attorney DATE: October 1, 2009 SUBJECT: AGENDA ITEM 8.F. -REGULAR COMMISSION MEETING OF OCTOBER 6, 2009 RESOLUTION 55-09 ITEM BEFORE COMMISSION Resolution 55-09 establishing the Budget Review Committee. BACKGROUND The attached resolution establishes the Budget Review Committee to review the City's budget, systems and procedures, technology improvements, or related materials and concepts and make recommendations regarding these issues. RECOMMENDATION Commission approval of Resolution 55-09. RESOLUTION NO. 55-09 A RESOLUTION OF THE CITY COM1Vi<SSION OF THE CITY OF DELRAY BEACH, FLORIDA, CREATING THE BUDGET REVIEW COM1Vi<TTEE TO REVIEW THE CITY'S BUDGET, SYSTEMS AND PROCEDURES, TECHNOLOGY IMPROVEMENTS OR RELATED MATERIALS AND CONCEPTS AND MAKE RECOMMENDATIONS REGARDING SAME; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Delray Beach, Florida, desires to establish a permanent volunteer Budget Review Committee consisting of nine (9) members (seven (7) regular and two (2) alternate members) to review the City`s budget, systems and procedures, technology improvements, or related materials and concepts and make recommendations regarding these issues; and WHEREAS, the City Commission desires to establish this Budget Review Committee to review the City`s budget, systems and procedures, technology improvements, or related materials and concepts and make recommendations regarding revenues, salaries and benefits, operating expenses, debt service expenses, capital outlay, grants to other entities and transfers to other funds or any other items that may favorably impact the City`s budget and overall financial condition. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the City Commission hereby agrees to appoint a Budget Review Committee with the qualifications that meet the requirements as set forth below A. Budget Review Committee Member Requirements: 1. All members 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. 2. At least five (5) of the members on the task force shall have one (1) of the following qualifications: a. Certified Public Accountant b. Accounting Professional c. Finance Professional d Certified Financial Planner e. Investment Advisor f. Insurance Professional (property/casualty or health) g. Business Owner/Manager/Officer h. MBA or MPA degree The remaining four (4) members maybe at large. Section 2. That the Budget Review Committee shall be responsible for reviewing the City`s budget, systems and procedures, technology improvements or related materials and concepts and shall make written recommendations regarding revenues, salaries and benefits, operating expenses, debt service expenses, capital outlay, grants to other entities and transfers to other funds or any other items that may favorably impact the City`s budget or financial condition to the City Commission. PASSED AND ADOPTED in regular session on the day of , 2009. MAYO R Attest: City Clerk 2 RES. NO. 55-09 MEMORANDUM TO: Mayor and City Commissioners FROM: David C. James, Fire-Rescue Chief THROUGH: David T. Harden, City Manager DATE: October 1, 2009 SUBJECT: AGENDA ITEM 8.G. -REGULAR COMMISSION MEETING OF OCTOBER 6, 2009 AGREEMENT/LINTCO, INC. ITEM BEFORE COMMISSION City Commission is requested to consider approving an agreement for the use of the Lintco Property as a parking area for the next Fire Station Open House Health and Wellness event on November 14, 2009 at Fire Station #3. Insurance will be provided by the city per Lintco's request. BACKGROUND The City of Delray Beach Fire-Rescue Department holds Fire Station Open House Health and Wellness events throughout the year rotating to each of our six fire stations. Arrangements have been made with Lintco, INC to use their empty lot for overflow parking located at 409 W. Linton Boulevard at our next Open House Health and Wellness event at Fire Station #3.They are requiring"additional insured" insurance policy to cover them during this day. Plastridge Insurance Company is providing the policy at a cost of $262.50. FUNDING SOURCE Funding available from 001-2311-522-45.90 (General Fund/Insurance/Other Insurance Cost) for the amount of $262.50. RECOMMENDATION Approve the agreement for use of the Lintco Property Parking Lot for the next Fire Station Open House Health and Wellness event on November 14, 2009 at Fire Station #3. ~~ ~~, i ~& k ~ (i ~x ~~.*; ~~ ~ `~,~•CJ.. G~;._r c .t~.,:I. Ise: ~~~ ~ ~~r ...~ :~ i~` nELRAY BEACH F t O R August 27, 2009 AIE-Amer€ca City ~ ~o Mr. Michael Wa€sh, President Lintco, inc. »~~ 1001 E. Atlantic Avenue, Suite 202 2°°~ Delray Beach, FL 33483 t ... , c ... .. _.. - ~- .. .~? _ .. . WRITER'S C~ERECT L[NE: (56'I } 243-7090 Re, Agreement Between the City of Delray Beach and Lintco, Inc. for the city`s Use of Parkin Lot Dear Mr. VlJalsh: Enclosed for your review, please find three ~3} original copies of the above- referenced agreement. if the agreement meets with your approval, please sign, have your signature witnessed and notarized and then return al[ three {3} originals to my office for execution by the City. Thank you. Please contact me if you have any questions. Sincerely, OFFICE OF THE CITY ATTORNEY CITY OF DELRAY BEACH LORIDA By: Terrill C. Pyburn Esq Assistant City Attorney TCP:smk Enclosures cc: David James, Fire Chief Lt, Trisha Dunkelmann, Delray Beach Fire-Rescue Department AGREEMENT BETWEEN THE CITY OF DELRAY BEACH AND LINTCO, INC. FOR THE CITY'S USE OF PARKING LOT THIS AGREEMENT ("The Agreement") is made this day of 2049 by and between the CITY OF DELRAY BEACH, a Florida Municipal Cozporation ("City"), and LINTCO, INC., ("Lintco"). WITNESSETH; WHEREAS, the City is holding a Fize Station Open House event on November 14, 2449 from 8 a.m. to 3 p.m. and desires to utilize the parking lot owned by Lintca located at 449 Linton Boulevard on a temporary basis for this special event; and WHEREAS, Lintco desires to allow City to utilize their parking lot located at 449 Linton Boulevard on a temporary basis for parking for the special event. NOW, THEREFORE, in consideration of the sum of Ten Dollars ($14.44j, the mutual covenants and conditions contained in this Agreement, and other good and valuable consideration, the receipt and sufficiency of which are hereby aclmowledged, the parties hereby agree as follows: I. GENERAL PROVISIONS 1. The parties hereby represent and warrant that the above recitals are accurate and correct and hereby incorporate them in this Agreement. 2. Lintca agrees to make its parking lot located at 449 Linton Boulevard, Delray Beach, Florida 33445, hereinafter referred to as "Property", available to the City for temporary parking for the special event. Lintco agrees to allow City to use the Property on November 14, 2409, frozn 8 a.zn. to 3 p.zn. II< OWNERSHIP The Property shall zemain in the ownership of Lintco at all times material to this Agreement and subject to all terms and conditions imposed thereby. II7[. MODIFICATION Any modifications to this Agreement shall be in writing and approved by both parties. IV, TERM This Agreement shall become effective upon approval of both parties, and shall continue until the City has-vacated the Property upon completion of the special event. V, INSURANCE The City agrees to provide insurance for it use of Lintso's Property as attached hereto as Exhibit "A" VI. NOTICE All notices herein required, permitted to be given to or served upon either parry, shall be in writing. Any such notice shall be deemed sufficiently given or served, if served personally, sent certified mail by the United States Mail, or by any nationally recognized overnight carrier or fax with receipt confirmation to the Lintco or the City at the addresses set forth as follows: As to Lintco: Lintco, Inc. Attn: Michael Walsh 1401 E. Atlantic Avenue, Suite 202 Delray Beach, FL 33483 As to City: David Harden, City Manager • 100 N.W. lst Avenue Delray Beach, Florida 33444 With copies to: Brian Shutt, City Attorney 200 N.W. lst Avenue Delray Beach, FL 33444 David James, Fire Chief City. of Delray Beach Fire Dept. 501 West Atlantic Avenue Delray Beach, FL 33444 VIL SEVERASILITY 1f any term or provision of this Agreement shall, to any extent, be deemed invalid or unenforceable, the remainder of this Agreement shall be valid and shall he enforced to the fiillest extent of the law. 2 VIII. ENTIRE AGREEMENT This Agreement, together with any addendum(s) that may now or in the future be attached and become a part of this Agreement, set forth all covenants, promises, agreements, conditians and understanding between the parties hereto. There are no covenants, promises, agreements, conditions and understandings, either oral or written, between the parties other than those herein set forth. Except as herein provided, no subsequent alteration, changes, or additions, shall be binding upon the parties, unless and until reduced to writing and signed by bath parties. IX. VENUE This Agreement shall be governed by and interpreted according to the laws of the Mate of Florida. To the extent allowed by law, the venue for any action arising out of or from this Agreement shall be in Paim Beach County, Florida. X. THIRD PARTIES This Agreement is made solely and specif cally among and for the benefit of the parties hereto, and no other person shall have any rights, interest, or claims hereunder or be entitled to any benefits under or on account of this Agreement as a third party beneficiary or otherwise. IN WITNESS "WHEREOF, this Agreement has been executed by the parties herein on the day and year first above written. ATTEST: Witness LINTCO, INC. By: Michael Walsh, President Witness STATE OF FLORIDA COUNTY QR PALM BEACH The foregoing instrument was acknowledged before one this day of 2049 by Michael Walsh, President of Lintco, Inc. and who is personally know to me or has produced as identification. Notary Public (Print or Type Name) 3 ATTEST: City Clerk Approved as to legal sufficiency and form: City Attorney STATE OF FLORIDA COUNTY OR PALM BEACH THE CITY OF DELRAY BEACH, By: Nelson S. McDuffie, Mayor The foregoing instrument was acknowledged before me this day of 2009 by Nelson S. McDuffie, Mayor for tb.e City of Delray Beach, 1«lorida, and who is personally know to me or has produced as identification. Notary Public {Print oi~ Type Name) 4 AN INSIRANCE PROPOSAL PREPARED FOR: CITY OF DELRAY BEACH ~ 00 N. W. ~T AVENUE ~EL,RAY BEACH, FI,. 3 3 444 PRlESLNTLD BY: PETER B . ARTS THE PLASTRIDGE AGENCY-BRO 2 00 N. D~xIE HvaY. BOLA BATON, ~`L 33431 AUGUST 11, 2009 I3IS~LAIMER -The abbreviated outlines of coverages used throughout this proposal are not intended to express any legal opinion as to the nature of coverage, They are only visuals to a basic understanding of coverages. Please read your policy for specific details of coverages. T~HIBIT "A" FNTFdODliCT3CkN QE ~'Hf SERVIC6I~G TE~11~lI President Thomas E. Lynch, C.P.C.U. Account Agent Peter B Arts PARTS@ PLASTRIDCE.COM Account Business Manager Wendy Balcerzak Phone: 561-395-1435, ext. iZ51 l=ax: 561-630-4966 WBALCERZAK PLASTRIDGI».COM Corporate Comptroller Paula T. Past Claims Administrator Cathy Edge Phone: 800-299-720$ Fax: 561-630-4965 cedse @i3lastrid~e.cam peter B Arts has primary responsibility for your business with the Plastridge Agency, Inc. Fie will function as the agent and wi[l service you by providing quality products and services whenever and wherever possible, Wendy Balcerzak is your Account Business Manager. She will be the primary contact for all lines of insurance. This will enable you to obtain maximum efficiency in the handling of insurance matters as she will then coordinate with the specialist with the Plastridge insurance Agency. The Plastridge insurance Agency is vitally interested in providing the best service and coverage possible. We encourage ail those involved in insurance to call whenever a question arises. . ~cFn~c~r~~tu~~a~~€~cz+~ri The Plastridge Agency has a reputation of dedicated service to the South Florida area since 1919. ItVe have the pleasure of servicing many satisfied, long-term customers. In fact, The Plastridge Agency was given the phone number "1" in the [Deal Yellow Pages listing until the early 194a's. The agency is a general insurance agency originally founded by Pierce Brennan, who was soon joined by A. c. Plastridge. In 1950, the Plastridge Agency was acquired and guided under the ownership of Paul W. Speicher. We are currently owned and managed by Thomas >=. Lynch, who joined the company in 1970. In 1.962, Plastridge opened a Real i=state office in Boca Raton, later adding insurance to that office in 1970. The Evergreen Agency was purchased in 1981 and was merged into the Boca Raton office. Plastridge has made several acquisitions since that time: J.J. Stone Agency in 1.985 and the Bebout Agency in 1986. The North Broward Agency was also purchased in 1986 and an office was opened in Coral Springs. In 1988, Plastridge purchased the Springs Agency, which rounded out the staff in Goral Springs. In Palm Beach Gardens, CS&K was purchased in 1994, Roberts in 1.995, Peduto in 1996, Ail Business Insurance in 2000 and most recently B. D. Cole Insurance Agency was purchased in 2003. Logo Trubeck Associates, a benefits provider, joined our organization along with Advanced Insurance of Palm Beach Gardens in April of 2004. Plastridge also purchased Safe l~Iarbor Agency in 1.997 and established an office in Stuart. Coral Insurance Agency became a part of Plastridge in 2005. These were all well-established insurance agencies serving Palm Beach, Broward and Martin Counties far many, many years. Much growth has taken place since 1970. Most of our agency's growth has occurred in Florida but the agency is licensed in many other states and can provide insurance coverage all over the world. The above purchases were made to meet fihe needs of our customers. ItVith offices kocated in Delray Beach, Bvca Ratan, Coral Springs, Palm Beach Gardens, Stuart and Port St, Lucie, we are better equipped to handle all.our clients' insurance needs. A growing staff of over 1.20 dedicated service personnel stand ready to offer the best coverage for the most competitive prices. Personal touch, constant updating, and professional service are the keys to our high level of excellence and performance. Many of our new customers are referrals from our present, satisfied customers. Commercial General Liability Proposal Outline C(3VERAGE WRITTEN OIV: Occurrence Forzz7 eor~xA~~ Lr~.r~~ LIABILITY.• General Aggegate Limit ProductslCompleted Olaerations Aggegate Limit Personal/Advertising Injury Limit Eacb Occurrence Fire Damage Limit - Arty One Fire Medical Expense Limit -Any One Person Additional Insured's ---Added at no additional cost; Exclusions Included but not Limited to: $2,aa0,0aa ~l,aoo,ooa $1,OOa,aaO $1,aaQ,000 ~~oa,ooa Excluded Claims by Athletic Participants; War; Terrorism; Expected or intended Injury; Sexual Abuselivlolestation; Asbestos; Collapse of Temporary Structure; Lead Liability; Use of Trampolines; Cheerleading Pyramids; Watersiides; Medical Expense Policy Premium T ~262.5U Effective September 26, 2449 Insurance Company - Riverport Insurance Company (Best Rating A~XVj 4 commercial General Liabilil~ coverages The Coznmerciai General ~.iability Policy provides the insurance protection needed to pay damages for bodily injury or property datrrages for which the insured is legally responsible. The policy provides coverage fox liability arising from personal injury and advertising injury. Coverage for medical expense is also provided. The policy also covers accidents occurring on the premises or away from the premises. Coverage is provided for injury or damages arising out of goods or products made or sold by the named insured. The insured is the named insured and the employees of the named insured. However, several individuals and organizations, other than the named insured, znay be covered, depending upon certain circumstances specified in the policy. In addition to the limits, the policy provides supplemental payments for attorney fees, court costs and other expenses associated with a claim or the defense of a liability suit. There are two commercial general liability coverage forms available, the occurrence form and the claims- made form. Both forms are somewhat identical in the coverages offered. The main difference is in the way claims are handled under the two forms. The occurrence form covers bodily injury or property damage claims that occur during the policy term, regardless of when the claim is reported. The cIairns- made policy form. only covers claims made against the insured during the policy term. A claim made after the policy expires is not covered by a claims-made policy unless the claim is covered by an extended reporting period. The claims-made policy will only have the extended reporting period. The following terms reflect both forms. General Aggregate The General Aggregate Limit is the most money the insurer will pay under a certain coverage for all claims occurring during the policy term. Prern is es/Dp era~io n s Coverage is provided for damages arising out of ownership or occupancy of the insured premises when not maintained in a reasonable rraanner. This also covers damages arising out of operations performed by the insured business. Products/completed Dperations Products coverage is provided for damages arising out of products manufactured, sold, handled or distributed by the insured. Completed Operations covers damages occurring after operations have been, completed oz abandoned, or after an item is installed or built and released for it's intended purpose. 1~edical expense Limit Medical payments coverage pays medical expenses resulting from bodily injury caused by an accident an premises owned or rented by the insured, or locations next to such property, or when caused by the insured's operations. These payments are made without regard to the liability of the insured. .Fire Damage ,limit The fire damage limit provides coverage for fre damage caused by negligence on the part of the insured to premises rented to the named insured. If a fire occurs because of negligence of the insured and causes damage to property not rented to the insured, coverage would 6e provided under the occurrence limit. Personal injury Personal Injury means injury other than bodily injury. Coverage is provided for injury resulting from offenses such as false arrest, malicious prosecution, detention ar imprisonment, the wrongful entry into, wrongful eviction from and other acts of invasion, or rights of private occupancy of a roam. Coverage for libel and slander is also provided in the policy. Advertising ~njr~ry This coverage pays for damages done in the course of oral or written advertisement that disparages, libels or slanders a person's or organization's goods, products or services. Coverage for these offenses is provided under advertising injury coverage only if they, occur during the course of advertising the named insured's own goods, products or services. each Occurrence Each occurrence is considered to be an accident, which could include continuous or repeated exposure to the same harmful conditions. An occurrence can also be a sudden event, or a result of a long term series of events. Claims 1V1"rrde ~`orm Only Basic E~rtended Reporting Period (Basic Tail) This coverage is provided automatically without an additional premium charge if coverage is canceled, not renewed, or the insurer renews with a later retroactive date. The basic extended zeparting period starts at the end of the policy period and last for five years far claims made against the insured within the five year period and reported to the insurer within 60 days after the end of the policy period. Supplemental E~tende[I Reporting Period (Supplemental Tail) The supplemental extended reporting period is available under the same circumstances as the basic one. However, it becomes effective anJ,y if the named insured makes a written request within 50 days after termination of the policy period and the additional premium is paid. The supplemental extended reporting begins when the basic one ends, and it continues forever. It cannot be canceled by the insured or insurer. The supplemental tail endorsement would provide coverage for clairris reported to the insurer within sixty days after the end of the policy period. but did not result in a claim being made against the insured until after the end of the five year policy period. Other types of occurrence or offenses that are auaknnwn by the insured and therefore not reported within the sixty days after the end of the policy period could also be covered by the supplemental tail. When the tail is purchased the policies general aggregate lirnit anal the products/completed operations aggregate limit is reinstated. Retroactive Date The retroactive date shown in the policy declarations is the same as the inception date, or the retroactive date can be a date prior to the inception date. A policy can also be written with no retroactive date. APPLICATION FOR SPECIAL EVENTS LIABILITY Frazzcis L. Dean & Associates of FIQrida, LAC 3311© SW 34`x' Avenue, finite 1211 Ocala, FLorlda. 34474 Toil Eree Phone {s77j 671-332& i?`AX (352j 854-638U Email: Bdean@fdean.cnm Name flf Applicant Address nfApplicant Dates of Event Name of Event Location of Event !game of Facility ~f'JYe. 3 f~-t Does the Facility Carry l,~iability insurance? Description of Event es L€ Nv Limits Is this Event Located Indoors yr ©utdvnrs? Lt..~' t`~ S / If Outdoors, Is the Area Eeneed or Encl€~sed? ©Yes ~ Nr~ Are you Responsible for Parking? Yes ~ N4 If Yes, Square Enotage of Parking Area, What is the Seating Capacity of the Event? What is the Estimated Attendance Per Day? What is the Number nfTietcets Printed" What is the Nr~mher of Tickets Sold to Date? What is the Price nt' Admission? What is the Estimated Grass Receipts? What is the Estimated Total Payrrrll? ~~_ .N ~ ~~ -- ~k What are the Limits of 'Liability Requested? ; ~, DUB g~~ General Aggregate ~ Products Aggregate $ 1 ~7Do o~'t~ ~~ Each Occurrence S PersonaUAdv Injury ~ Eire Damage ~ 11'iedical Payments filame, Address and Relationship of all Additional Insureds to be Added to the Pniicy: 1.) 2.j 3,j ~rr~; >L~ ~..~ ~' Uit~~i..r` in~, -~ ~o ~ I ~~ ~~~! ~.,Z ~ J ~ / Tune(s) l ~~'Y''~ ~ l ! J~ Is Liquor to be Said at this Event? If Yes, is there a Liquor Liability Policy in-~'oree? Is the Apglican# Named as sa Adclitiouai Insetred? Has this Event been held ita the Past by the Applicant? if Yes, For haw [navy Years? Please Describe any Losses aver S5,t3a0.~0. © Yes ~Na ^ Yes !~ No ^ Yes D Na © Yes ©No Has your Prier insurance Ever Been Cnneelled? Has your Prier insurance Ever Refused to Renew? © Yes o Please Attached Ati i,ease and ~toid Harmless Agreements, Brochures of the Event and a Diagram of Location(s) to be Used. Signature at`Appiicant Bate MEMORANDUM TO: Mayor and City Commissioners FROM: Joseph M. Safford, Finance Director THROUGH: David T. Harden, City Manager DATE: September 16, 2009 SUBJECT: AGENDA ITEM 8.H. -REGULAR COMMISSION MEETING OF OCTOBER 6, 2009 AGREEMENT/COMMERCE BANK, N.A. ITEM BEFORE COMMISSION City Commission is requested to approve an agreement between the City and Commerce Bank, N.A., for ControlPay Advanced (CPA), an accounts payable solution. BACKGROUND ControlPay Advanced works with the existing accounting software by replacing paper checks with electronic payment through the Visa Network. There is no cost for the program or software to host. The City would receive monthly revenue sharing based on the dollar volume of electronic payments processed through the Visa Network. The estimated net annual volume is $10,000,000 with a potential annual revenue share of $122,000. FUNDING SOURCE There is no cost for the program. The City will receive a monthly revenue share based on the dollar volume of transactions processed. RECOMMENDATION Recommend approval of the Agreement between the City and Commerce Bank for ControlPay Advanced. COMMERCE ]SANK ACC©UNTS PAYABLE AGREEMENT THIS COiV1MBRCB BANK ACCOUNTS PAYABLE AGREEMENT ("Agreement") is made and entered into as of the effective date set forth below by and between Commerce Bank, N.A. ("Commerce") and City of Delray Beaeh, Florida ("Customer"}. DEFINITIONS. The following terms shall have the fallowing meanings: a. "Administrator" means, individually and collectively, one or mare employees, officers, directors, or agents of the Customer who are designated by the Customer to assist Commerce in the administration of the Program. b. "Agreement" means this Commerce Bank Accounts Payable Agreement and all Addenda from time to tune executed by the parties and attached hereto, and all amendments to the foregoing. c. "Account Holder" means Customer and any of its officers, directors, agents anal employees who utilize the Commercial Accounts. d. "Account Holder Agreement" means that agreement delivered to Customer which governs the use of the Commercial Accounts, as amended from time to time. e. "Commercial Cards" means the Visa and MasterCard Commercial Cards and the nuanbers associated with the Commercial Cards issued by Commerce to Employee Cardholder{s} and the account numbers assigned to Customer without an associated Commercial Card under the Program. f "Program" means the Accounts Payable Program administered by Commerce as set forth in this Agreement. g. "Public Record I.,aw" means any state's law which provides that Customer's contracts are open and available to the public. h. "Unauthorized Charge" means a charge made by an Account Holder to a Commercial Account that (i} has not been authorized by Customer, and (ii} that has been accepted and processed by a merchant having the technology capable of determining and confirming that the charge did not meet the parameters established by Customer far authorized charges. 2. PROGRAM; ISSUANCE AND RENEWAL. a. During the term hereof, and subject to the terms and co€~ditions of this Agreement, Commerce agrees to provide the Customer with the Program and to issue Commercial Accounts to Customer. b. Commerce shall issue Commercial Accounts to the Customer, provided that a Commercial Account issuance request has been made by an Administrator in the form required by Commerce. c. Each Commercial Account shall lae valid for the term indicated thereon, unless such Commercial Account has been canceled by Commerce pursuant to the provisions of this Agreement ar at the request of the Customer. d. Commerce acknowledges the ability of Customer to revoke any authority given to an Account Holder, at Customer's discretion; provided, however, that Customer shall remain liable for all charges made to each Commercial Account as provided in this Agreement. BILLING PROCEDURES. Central Billed Accounts: Customer shall be liable for all charges made to each Cam€nercial Account requested by Customer. Charges shall be set forth on a billing statement and shall be paid by the Customer as agreed in Addendum A attached hereto and incorporated herein by this reference, and as set forth herein. Except far a proven Unauthorized Charge, Customer shall pay Commerce for all charges made to each Commercial Account within the time period provided in Addendum A. Except as provided herein, Commerce shall have no duty or obligation to inquire into the nature of any transaction charged by any Account I-Iolder (e.g. whether such transaction was far a business ar personal use. } 4. PROGRAM ADMINISTRATOR. Upon signing this Agreement, Customer shall designate one or more Administrators(s) to assist Commerce in the administration of the Program. In addition to any other duties listed elsewhere in dais Agreement, as well as any other duties reasonably requested by Commerce, the Administrator shall undertake the fallowing duties on behalf of the Customer: a. T'he Administrator shall have the responsibilities assigned in the Program Administrator Delegation document provided by Customer to Commerce, including, without limitation, the ability to request that Commerce issue Coax€mercial Accounts to any person in connection with the Program, to increase or decrease credit lianits, to suspend Commercial Accounts, to order ar block wire transfers and convenience checks, and to perform any other maintenance activity. b. The Administrator shall be familiar with all aspects a£ the Program, including, but oat limited to Program procedures, number and status of Commercial Accounts, notice requirements, any disputed transactions, credit City of Delray )3each, Florida AP Contract 12 08 limits, statement cycles, billing and payment procedures, general program parameters and status of delinquent charges. c. The Administrator shall be responsible for notifying Catnmerce, in writing, about changes in authorization codes. FEES. Commerce shall be paid an annual fee and other fees and charges set forth iza Addendum A. Customer aclc.€aawledges that Commerce has based the fees and charges upon the projections given by Customer regarding transaction volume, average ticket aznaunt, number of Commercial Accounts, monthly credit line requested, reporting product selected, atad frequezacy of payment. Fees may be subject to change from time to time by Gammerce upon ninety {90} days prior written native unless otherwise specified in Addendum A. LINE Oi+ CREDIT. Commerce will establish a maximum line of credit amount for Customer. a. All amounts charged to the Commercial Accounts together with any fees and charges owed to Commerce by Customer in connection with the Program, may not exceed, in the aggregate, the line of credit amount unless Commerce in its sole discretion authorizes such charges. b. Co€nmerce may, at any time in its sale discretion, modify the amount of Customer's line of credit upon thirty (30) days prior written notice to Customer; provided, however, that Custozraer may elect to terminate this Agreement by written notice to Commerce during such thirty (30) day notice period; provided, fiurther, Customer agrees that if any amounts are outstanding oia the Cottainercial Accounts which exceed the adjusted line of credit amount, Customer will immediately pay Co€aamerce such excess amounts. c. From time to time, Commerce may request, and Customer shall produce in a timely manner (not to excced 30 days), financial records relating to the financial condition of Customer. TERM O)~ AGREEMENT A,ND RENEWAL. This Agreement shall remain in full force and effect until terminated by either party as herein set forth. l;ither party may terminate this Agreement at any tune, with or without cause, upon thirty (30} days' prior written notice. a. Ito tlae evetat Customer terminates this Agreement prior to the date that is three (~) years from the effective date set forth below, Commerce reserves the right to forego all future revenue sharing payments for the Program. b. All Commercial Accounts and/or related accounts shall be deemed canceled effective upon termination of this Agreement or as otherwise provided herei€a, and all amounts outstanding under such Commercial Accounts shall automatically become immediately due and payable in full by Customer without further notice. c. Notwithstanding the foregoing, either party shall have the right to terminate this Agreement immediately, and without notice, upon the occurrence of any one or more of the following events, whereupon the obligations of Customer arising hereunder and/or under the Commercial Accounts shall automatically become immediately due and payable in full (except as otherwise provided by law): (i} Dissolution or liquidation of the other party; or (ii) Insolvency of the other parry; or the institution by or against the other party of any bankruptcy ar insolvency proceeding; or the appointment of a receiver ar trustee for the other party; or the other party enters into an arrangement with, ar for the benefit af, its creditors; or (iii) Any material adverse change in the financial condition of the otlaez• party; or (iv) Any default hereunder, or breach of the obligations undertaken. herein, or in any other agreement by and between the parties hereto; or {v) Upon the occurrence of any event in any agreement which would allow Commerce or any other person to declare airy indebtedness awing by Customer due and payable in full (and Customer shall give Commerce immediate notice of the occurrence of such event}; or (vi) A change in the ownership of Customer, or a sale of all ar substantially all of the Customer's assets. 8. REPORTING. Commerce will, either directly or izadirectly through its third party vendors, receive data from the transactions made with the Commercial Accounts; such data will be delivered to Customer as specified in Addendum A and Addendum )3. Commerce shall have no responsibility or liability for the capture, transmission, grouping, reporting;, categorizing or any other act performed or required to be performed in connection with the foregoing data that Customer's veiadars are transmitting at the point of sale. 9. CUSTOMER. LIABILITY. A. Except for proven Unauthorized Charges, the Customer shall be solely liable for the payment of all charges incurred in the use of Commercial Accounts except as provided in paragraph B below. City of Delray Beach, )~lorida FlP Contract 12 08 B. The Customer shall not be liable far the payment of charges incurred in the use of Commercial Accounts if such charges relate to: 1. Charges waived as set forth in Visa Waiver of Liability documentation, as amended front time to time; 2. Commercial Account transactions after the original closure request date far a Commercial Account where the request by the Customer was made in accordance within the terms of this Agreement during normal business hours; or 3. The use of a stolen Commercial Account number if the Commercial Account number is reported stolen via facsimile or telephone as provided in this Agreement: within twenty-four (24} hours after the Customer, including any Account Haider, learns of the theft of the Commercial Account number; provided that if the Commercial Account number is not reported stolen within such time frame, the Customer shall be liable for all charges associated with the stolen Commercial Account number until the date the Customer notifies Commerce of such theft. 10. ASSIGNMENT. Neither parry shall sell, assign or transfer this Agreement nr any part tl~ereofwithout the prior written consent of the other party; provided, however, Commerce may, without the consent of the Customer, assign any or all of its rights and obligations under this Agreement to its parent, any subsidiary (of Commerce or its parent), or any affiliate (of Commerce or its parent) ar to any other party pursuant to a merger, acquisition, consolidation, or rearganizatian. l 1. NOTICES. All notices hereunder shall be in writing and shall be deemed duly given when personally delivered, when delivered by recognized overnight courier, or, three (3) days after mailing if sent by certified or registered United States mail, return receipt requested, postage prepaid, to the appropriate party at the address set forth below, ar at such other address as the applicable party may indicate from time to time in writing. Notice hereunder shall be sent: If to Commerce: Commerce Bank, N.A. Attn: Commercial Card Services 81.1 Main Street Kansas City, M4 64105 If to Custorr~er: City of Delray beach, Florida Attn: Milena Walinski 100 N.W. 1~` Avenue Delray Beach, p'L 33444 Communications with Commerce concerning disputed billings shall be made by mail to Commercial Card Services, 811 Main Street, Kansas City, Missouri 64105 or by phone at 800-892-'7104, 12. CONP'LDENTIALITY. Commerce and Customer will keep strictly confidential and will not use or disclose to any third party or to any employee, officer, director or agent {except on a need to know basis} far any purpose whatsoever {other than as contemplated herein or for a business evaluation of the Program performed by either party) all or any portion of the contents of the Program, including but not limited to, any of the terms of, conditions of or other facts concerning the Program and any written or oral information furnished by Commerce nr by Customer which is either nonpublic, confidential or proprietary in nature unless such use ar disclosure is mutually agreed upon in writing by Customer and Commerce; provided, however, Customer understands and acknowledges that aiiiliates of Commerce and vendors of Commerce will assist in implementation of, maintenance of and provision of various services under the Program. 1n the event Customer is subject to a Public Record Law, Customer shall comply with the provisions of this Confidentiality paragraph only to the extent that such complia~rce is in accordance with the applicable Public Record Law. 13. INDEMNITY. Subject to the provisions of Section 768.28{S} of the Florida Statutes, the provisions and monetary limits of which shall in any event apply, Customer agrees to defend, indemnify and hold harmless Commerce, its officers, directors, agents and employees from and against any and all claims by third parties (including, without limitation, Account Holders) and all costs {including reasonable attorneys' fees and costs}, expenses and liabilities incurred by Commerce in connection with such claims, arising from ar as a result of the establishment of the Program (including, without limitation, the issuance of Commercial Accounts and/or the cancellation thereof and actions arising in connection with its use of 4n-Line Services identified in Addendum Ii}, provided that such claims are not the result of, or connected with, the gross negligence, or willful misconduct of Commerce or the violation by Commerce of any law or regulation relating to Commercial Accounts. Custozxaer acknowledges that the pricing provided in Addendurr~ A is based on including this Indemnification. Commerce agrees to defend, indemnify and hold harmless the Customer, its ofFtcers, directors, agents and employees from and against any and all claims by third parties (including reasonable attorneys' fees), expenses and liabilities City of 17eitay Beach, Florida AP Contract ] 2 48 incurred by Customer in connection with such claims, arising from or as a result of the gross negligence or willful misconduct of Commerce. 14 15 M)[SCEULANEUUS. a. Relationship: Nothing contained in this Agreement shall be construed to creata any association for brokerage, agency, joint venture, partnership ar employment relationship between Commerce and Customer. b. No Implied Waivers: The rights of any party under any provision of this Agreement sha11 not be affected by its prior failure to require the performance by the other party under such provision ar any other provision of this Agreement, nor shall the waiver by any party of a breach of any provision hereof constitute a waiver of any succeeding breach of the same or any other provision or constitute a waiver of the provision itself A waiver of arty right or obligation hereunder must be in writing and signed by the parties to this Agreement. c. Remedies: In the event that either party breaches or violates any of the obligations contained in this Agreement, and in addition to the rights and remedies otherwise provided in this Agreement, the other party shall be entitled to exercise any right or remedy available to it either at law nr in equity, including without limitatinn, termination of this Agreement, damages and injunctive relief The exercise of any right or remedy shall be cumulative. d. Complet€; A reelnent; Amendments: This Agreement constitutes the complete understanding between the parties hereto with respect to the subject matter hereof and all prior oral or written communications and agreements with respect thereto are superseded. In the event of any inconsistency between this Agreement and any other agreements or documents relating to the transactions contemplated herein, this Agreement shall control. No alteration, amendment or modification of any ofthe terms and provision in this Agreetent shall be valid unless made pursuant to an instrument in writing signed by the parties hereto. e. Successors and Assigns: All the terms and provisions of this Agreement shall inure to the benefit of, and be binding upon, the parties hereto and their respective successors and permitted assigns. f Severability: The invalidity or unenforceability of any one or more portions, sentences, clauses or paragraphs in this Agreement shall not affect the validity or enforceability of the remaining portions of this Agreement or any part thereof g. Farce Majeure. Commerce sha11 not be in default of this Agreement to the extent that perfnrmance of its obligations is delayed or prevented by reason of any act of God, war, terrorism, fire, explosion, flood, act of government or any act or omission of a third party, including, but not limited to, telecommunications carriers and utilities nr any other matter beyond its reasonable control. h. Patriot Act/ OFAC: Commerce complies with the USA Patriot Act and laws administered by 4FAC (The ©f~tce of Foreign Assets Control). These laws mandate that Commerce verify certain information about customers. Commerce reserves the right, at any time, to request information that may assist Cnmmerne in compliance with these laws. Customer agrees to provide such information as requested by Commerce, including, without limitation, information about Account Holders. EFEECTI('V)Ir DATE. Notwithstanding anything else contained herein to the contrary, this Agreement will be subject to Commerce performing due diligence and credit investigations and will be effective only upon execution by Commerce. TN WI'T'NESS WHEREOF, this Agreement has been executed by the duly authorized officers of the parties hereto. Commerce Bark, N.A. {Kansas City, M©) City of Delray Beach, Florida {Commerce) (Crstorrer) By: By: Title: Title: Effective Tate: City of 3~elray Beach, Florida AN Contract 12 ~8 ~, ADDENbUM A "~'RICING AND PAYMENT SCHEDULE" - Pricing Term The pricing outlined herein will expire m 6u days tram September'+, 2Gu9 unless an - --~--- Accounts Payable Agreement is exc:auted Late Bce for Central Sill For each payment not received by the payment duo date spawn on the billing statement, a late fee will 6e charged. The late fee for the respective Accounts Commercial Account will be 2.S% ofthe amount past due. Visa and MasterCard purchases, cash withdrawals and cash advances made in currencies other than U.S. Dollars will be converted to U.S. Dollars under regulations established 6y Visa International and l+~asterCard International. Visa conversion will be at a rate selected by V€sa from the range of rates available in wholesales currency markets for the applicable central processing date, which may vary from the rate Visa itself receives, or the government-mandated rate in effect for the applicable central processing date. MasterCard conversion rate will be selected by Infernationai Service Bee MasterCard, typically either agovernment-mandated rate or a wholesale rate provided to MasterCard. Conversion to U.S. Dollars may occur on a date other titan the date of the transaction. Therefore, the conversion rate may be different from the rate in effect at the lima of the transaction. Customer agrees to pay dtc converted amount, plus an international service fee in the amount of 2°/" ofthe transaction amount on purchases and l "/o on cash withdrawals and cash advances. For purchases, cash withdrawals and cash advances made in U.S, dollars outside ofthe United States and its territories, you agree to pay the transaction amount plus a 1 % service assessment fee. __ ~ _ _ _ _ _ .._ _.._,_. ~ - - -- - _ -,~ _ ~~-~ , r , Returned Check Bee $29 per occurrence ACH Rctttrn S29 per occurrence ACID Payments (emergency} $15 each after first occurrence $2 per sta€ement after three occurrences Statcanen# Reprinting Free through Statement Centre Other For information, copies or other reports not specified in this Addendum, Commerce may charge Customer such fees as Costumer and Commerce: may agree from t€me to time, Commerce Bank uses a'train dte trainer' model. General training occurs with either in-person or Web&x /Phone training with the Program Administrators. The Program Administrators, in turn, will train the system users and Customer's other personnel on the chosen reporting and maintenance application. Soffrvare Initial Training Additional Program Administrator training can be conducted via Web)ax / Phone at no additional charge. Cardholder and system user training via WebEx 1 Phone will be charged at $2501 hour. lit-person training sessions (alter initial Progam Administrator software training} wiPt be charged at $2501 hour plus travel expenses. Appropriate advance native to allow Commerce Bank to plan any necessary travel is requested ~~ [ta t7 Elai~il ~~ t'~ I~il alt tih I ~~a1~ C~t~1E4}If - - - - -- -, - t I :~t ELF. fEl- ~'1' - Implemen#ation Ii'ec** S>,000 WAIVBp -- 'L--- __~_ - -- ---_-~-- - Annual Maintenance Bee** S5G0 WAIVED Routine maintenance and upgrades NO Cl°IAl2G1; Initial web-based or phone training for NO CIIAItGF. administra#ors* AP Bile Layouts • Standard - No Charge Custom - in those instances where this effort will generate a cost over $3,GG0, Commerce will obtain a price quote for Customer. Reconciliation Reports Custorrtixcd Programnlzing Standard - No Charge Custom -Commerce will obtain a price quote for Customer. Other Custonn Programming Commerce will obtain a price quote For Customer unless development is mutually agreed upon by Customer and Commerce. Development hours beyond the initial ] 0 hours - $150.00 per hour, City of Delray Beach, Florida AP Contract t 2 08 _ _. -- ~. ~;. Commerce will generate a billing stagy ment on a periodic basis as outlined below, Alt amounts owing on the Commercial Account, including fees and charges, shall be due and payable in full on a grace period as outlined below, after the date of such statement. The s€atement will be Transmitted to Customer via tJ.S. Mail or made available by an alternative means as agreed upon by both parties. -- - 1 i ail ~,.ei a '+ .4 ~ ] I. ar ~ 1i~ IJl i 1ut I.~~ _ _ - _ ,. tR ~' ~a .fit - Commerce will pay Customer a monthly revenue share based on the matrix schedule below. ~D - $s,oDD DDO $D - $4I6,6G7 IDs b s $S DDD 000 -$]0,000,000 $416,667 - $833 333 1 tS b s $I0,000,000-$15,D00,00D $833,333-$1,250,000 122b s $1 S,000,OOfl - $20,000,000 $1,2S0,OD0 - $1,666,667 12~ b s $20,DDD,ODD + $1,GG6,GG7 ~- l26 b s The revenue share is calculated on the net sales volume which is defined as grass purchases less credits, fraudulent transactions, and cash advances. Commerce reserves the right to withhold or alter revenue sharing during the Revenue Sharing Period, if any ofthe following instances occur: a. If the average monthly transaction {the gross dollar amount of purchases divided by total number oftransaccions) isbelow $75D. b. Sf Customer's average Interchange Rate falls below 2,25°/n. c. If Intercitangc Rates from Visa and MasterCard and MasterCard USA and MasterCard International are significantly altered. d. [f payments from Corporate or Employee Cardholders are received later than tfre agreed upon due dates. e. For Volume qualifying at Large Ticket and Level III Interchange Rates, Commerce will pay Customer on a flat percentage payout of thirty (30) basis paints. Commerce may adjust the revenue stlaring percentages in the published grids below at the end ofeach l 2-month period, which begins nn the Effective Date, withou€ notice. A Prime Rate of 5.00% wilt be used as file floor in support of this revenue sharing program. Should the Prime Rate ort the last publication day ofthe month immediately preceding the first day of the applicable billing cycle be above 5.00%, Commerce wilt reduce a•evenuc sharing percentages by the Revenue Share Adjustmeltt for each incremental rise in the Prime Bate as follows: ee y ,,, ,, , 00°/ 3 a 1..r.,, , ,° , ,.....__ 0.020% For example, if Prune hate is 6.00% at the end of a 12-month period for a Customer with a Weekly Billing Cycle and a 3 -Day Grace Period, Commerce will reduce revenue sharing percentages "sn all tiers of ttte revenue share grid by two (2) basis points (0.02 °1°). Commerce will not increase revenue sharing percentages should the Pri:tte Rate be lower than the established floor established above. **All Line items noted with a "**" are file costs associated with establishin the Pm ram as referenced in Para ra h 7 ofthe A Bement. IN WITNESS WHEREQIi, this Addendum Eras been executed by the duly authorized ol~cers of the parties hereto, and this Addendum supersedes any prier Addendum. Commerce Rank, N.A. (Kansas City, MO) City of Delray Reach, Florida (Commerce) By: Title: Effective Date: (Customer) By: Title: City of Delray Beach, Florida Ai' Contract 12 08 ADDENDUM S Election of On-Line Services Customer has elected certain On-Line Service{s} (each a "Service," collectively, the "Services.") The Services are Internet based customer service offerings that enable Customers to inquire about accounts and transaction information, submit account change requests and download informatioa~ about accounts, among other capabilities. The terms and conditions of the Agreement, including, without limitation, the provisions regarding Indemnification and Liability, govern the use of each Service. Customer understands and accepts the risks inherent in the use of the Internet fo~° each Service, including the potential for the risk of loss. Except as may otherwise be provided in paragraph 9 of the Agreement, Commerce is not responsible for any loss associated with the Customer's use of any Service. 13y electing a Service, Customer agrees to pay the Fees associated with the Service as listed in Addendum A. In addition, Customer agrees to use each Service only as provided in the User Guide relating to the Service in effect from time to time {the "User Guide") and according to the provisions contained in the Service License Agreement, iFany, between Customer and the Service provider. Customer is responsible Far using each Service within the parameters outlined in the User Guide:' Use of any Service will require a user name and password. Customer acknowledges that Commerce is entitled to rely on the use oFthe user name and passwo~°d as authorization For any transaction initiated using each Service. Customer is responsible for all transactions initiated or authorized using any Service. The password Customer selects is For its use and protection. Customer agrees to: (a) not disclose the password or otherwise make it available to anyone else; {b) use the password as instructed in the User Guide; (c) be liable For the password and For its use as described in the Agreement and/or the User Guide. If Customer pernnits any person other than the Administrator to make use of any Service to perform any duty or responsibility (as provided in the Agreement or in the User Guide) of the Administrator, Customer will have authorized that person to act as a Administrator and authorized access to accounts as allowed for by the Administrator. Customer is responsible for all transactions initiated or authorized by that additional ar new Administrator using auy Service. In addition, Customer must execute and deliver proper documentation authorizing this additional or new Administrator to act far and on behalf of Customer, and Customer must provide such other documentation as may be requested by Commerce. IN WITNESS WI-1E1210)w, this Addendum has been executed by the duly authorized officers of the parties hereto and this Addendum supersedes any prior Addendum, Comrr~erce Bank, N.A. (Kansas City, MO) City of Delray Beach, 1?lorida (Com one rce) (Customer) By: Title: By: Title: Effective Date: City of Delray Beaah, Florida Ap Contract 12 08 ,~ MEMORANDUM TO: Mayor and City Commissioners FROM: Robert A. Barcinski, Assistant City Manager THROUGH: David T. Harden, City Manager DATE: September 28, 2009 SUBJECT: AGENDA ITEM 8.I. -REGULAR COMMISSION MEETING OF OCTOBER 6, 2009 ANNUAL PROTECT HOLIDAY/YOU ARE NOT ALONE ORGANIZATION ITEM BEFORE COMMISSION City Commission is requested to endorse the 4th Annual Project Holiday sponsored by "You Are Not Alone" and authorize City and staff support as requested. BACKGROUND Project Holiday is a program through which items needed by our service personnel overseas are donated to the You Are Not Alone organization, who with their volunteers will package and send items to our service personnel overseas. They are partnering this year with the Church of the Palms as their non- profit group. Attached is additional information about You Are Not Alone and the project. They are not asking for City funding, but are requesting City support and assistance as follows: Support needed from the City includes: . Assistance in preparing and getting out PSA's on the program . Help with promoting and organizing the program . Authorizing City facilities to be used as collection sites for items donated . Assist in providing volunteers to help do the packing of items to be sent . Assist in delivery of boxes to the post office on November 23, 2009 Support to be provided by You Are Not Alone and Church of the Palms includes: . Assistance in promoting the project . Pick up and transport of items collected, location to be determined . Provide supervision of packing process . Identify service persons to whom items will be sent . Identify items that are needed . Make follow up calls to volunteers • Ship items and letters The proposed time schedule for this project is as follows: . Week of October 20, 2009 -Kick off program • November 15, 2009 -Deadline for receipt of letters and items needed • November 22, 2009 -Pack all items at Community Center • November 23, 2009 -Deadline to ship RECOMMENDATION Staff recommends approval of staff support as requested for this project. i of ey ec , "ha Are Not Alone", C c of e l s Ca e ai l a e Sal ie at i e, ea far t Ann al raject ali ay The City of Delray Beach and "You Are Not Alone" are working together with Church of the Palms Congregational and One Soldier at a Time to gather and ship donations of needed items to deployed local military members in time for 2009 holiday season. The Fourth Annual Project Holiday begins Tuesday, October 20, 2009 and ends November 20, 2009. "You Are Not Alone" (YANA) is a local group, sponsored by the City of Delray Beach, dedicated to supporting family members and friends of our military service men and women. YANA meets the 4th Thursday of every month at approximately 6:00 pm at the Community Center, where they join together to discuss news, share stories, and offer emotional support and encouragement. Anyone who has a loved one serving in the military is welcome and encouraged to attend. Church of the Palms is a local non-profit corporation church, who has supported You Are Not Alone for four years. This year they have committed to once again help send care packages to our local troops overseas. For the first time this year, One Soldier at a Time, a 501(c3) non-profit organization has joined us in our continued efforts with our mission. Project Holiday is the cooperative initiative of Delray Beach Mayor Woodie McDuffie, City Commission and Commissioner Emeritus Alberta McCarthy, (founder of "You Are Not Alone"), the Church of the Palms Congregational and One Soldier at a Time. The entire community is encouraged to donate items listed below at drop boxes in the following locations: Delray Beach City Hall, 100 NW 1st Avenue Delray Beach Community Center - 50 NW 1st Avenue next to City Hall Veterans Park - 802 NE 1st Street off East Atlantic Avenue Delray Beach Tennis Center - 201 West Atlantic Avenue Delray Beach Municipal Golf Course 2200 Highland Avenue Greater Delray Chamber of Commerce 64 A SE 5th Avenue Delray Beach Public Library 100 West Atlantic Avenue Ite s e este I - ~ Holiday Decorations All Faiths Thermoguard pads (heating pads) Bags of hard, individually wrapped candy (lifesavers, dollar store hard candy, no chocolates except for tootsie rolls, tootsie roll pops. charm pops, etc) Snacks that can easily be put in their pockets while on duty (fruit cups, peanut butter crackers, etc) Gum Beef jerky, Slim Jims, pepperoni or similar dried meats Boxes of granola bars or similar Individual bags of nuts, dried fruit, trail mix or sunflower seeds Boxed and/or individual drink packets (Crystal Light, Wal-Mart or Target brand, Kool-Aid, hot chocolate, etc) Non-perishable food items Foil packed tuna and chicken Crackers Sun block Lip balm Baby wipes (no bigger than 2 ~/z wide packages) Purell hand sanitizer Hand lotion Batteries (AA or AAA) Foot powder Deodorant Toothpaste Socks (white or black knee-hi) Phone cards (AT&T) No Florida Calling Calls; only works in Florida Disposable cameras Used CD's, DVD's (no VHS tapes or cassettes) Letters, notes, holiday cards, encouragements cards NO COFFEE To make a monetary donation to help pay for postage and calling cards, send a check or money order made payable to Project Holiday and mail to: City of Delray Beach, c/o Delores Rangel, 100 NW 1st Avenue, Delray Beach, FL 33444. If you are a City resident with a family member serving overseas and would like a package sent to them or wish to volunteer to pack items for shipment on November 22nd (9:00 am - 3:00 pm), for information please call Delores Rangel at (561) 243-7010 or visit the City's website at www mydel~aybeach.com. MEMORANDUM TO: Mayor and City Commissioners FROM: Robert A. Barcinski, Assistant City Manager THROUGH: David T. Harden, City Manager DATE: September 28, 2009 SUBJECT: AGENDA ITEM 8.,T. -REGULAR COMMISSION MEETING OF OCTOBER 6, 2009 SPECIAL EVENT REQUEST/TURKEY TROT ITEM BEFORE COMMISSION City Commission is requested to endorse the 23rd Annual Turkey Trot sponsored by the Parks and Recreation Department to be held on November 21, 2009 from 7:30 a.m. to approximately 9:00 a.m. Commission is also requested to grant a temporary use permit per LDR's section 2.4.6(F) for the closure and use of A-1-A from Casurina to George Bush Boulevard from 5:00 a.m. to approximately 10:00 a.m., and to authorize staff support for traffic control, barricading, trash removal and clean up, use of half of the small stage, event signage and waiver of parking meter fees for Sandoway, Ingraham and Anchor Park, as well as along Atlantic Avenue from Venetian to A-1-A from 6:00 a.m. until approximately 10:00 a.m. BACKGROUND Attached is a permit request received from Danielle Beardsley, Parks and Recreation Marketing Coordinator, for this event, along with an event map, budget and other information. The event proceeds will benefit the Keith Straghn Feed the Hungry Thanksgiving Drive. The estimated overtime cost for this event is $2,730, stage rental $265, barricade rental $250 and signage $300. Per event policies and procedures, since this is a City sponsored event, there will be no charges for staff overtime or rental costs. The City is self insured. RECOMMENDATION Staff recommends approval of the event, the temporary use permit, request for staff assistance, and waiver of the parking meter fees from 6:00 a.m. until 10:00 a.m. for Sandoway Park, Ingraham Park, Anchor Park and along Atlantic Avenue from Venetian to A-1-A. ~~iv® • ~, ,•~ ~ r ~- ~;. Event Name/Title: City of DeII•ay Beach ~~~ ~ 4 2Q~9p~;Eanvg~nc~ Special Event Permit ~11~~T~AATIVES~R r oae~ Application b PLEASE TYPE OR PRINT 1993 n ~" 1 ~'° 20bi r~ IF.1,-, rn~ rft ~ - 1 r .nil. , r ~ 1 .r.n~ Event Date{s): !~~ ~ , Times: _ ~ ° ~~1 Event SponsorlProducer; ~ ~~ Event ContactlCoordinator:~~ 1~,~_~~~(-~,1"(~~~.~ Natne: Brief History of Event (If applicable):~ ~ ~.~ (~~,r Planned Activities (Outline of activities/number of activities, i.e, entertainment, children's rides, games, other programs); ~~~ j lY?1 ~ .............~,t~ ~ (e(~, Number of Individuals Sewed Previous Year (if applicable): Describe the targeted population and expected attendance:.(~.Q...Y_~~C~A~.. Telephone Number: - Cellular N1Tfnber: ,_. E-mail Address: ~P_!a el~.elC~~lY1lY~6~ .C` Describe how the program or project addresses community needs: Describe your MarketinglPromotions Program (Haw will you marketlpromote, i.e. TV, radio, pastet•s, flyers, ~veb sites, other): r-9 Ac.l~ v.~. Sponsor Category (please check) City Non-1'rofit/Charitable ^ Private ^ Co-Sponsor -Non-ProfltlPrivate ^ (If Norr ru•ofit atfaclr proof of 50.1 c(3), c(4), c(6), C(10), or c(19 or (d) Event Location (Describe area boundaries of eventJlocation): Site plan attached: yes rio (Site plrr-r required for erafire evert site. Include locations of tents, stage, portalts, dumpsters, portable liglrting, and barricade location if applicable.) Rental of Old School Square: yes no~ {If yes, attaclr proof of approval) Private Property Use: yes no~ (If yes, attacl'i letter giving authorization from property owner) Event budget attached: yes~_ no (Regrrir•ed for rill events) Previous year Revenue/Expense summary attached: yes_ ~ no (Required for all events} Do you have cash sponsors for the event: yes no~ (Indicated on budget) Do you have inkind sponsors for the event: yes_~~ no (Indicated on budget) C 1Docttments and SettingslLisilDcsktoplSpecial G~•ent l'ermif Application FITQAL 9.G,U7.doc ~ ~ ~ ~ ~ + ~ ~..n ,.S! -v - '.~' ~ , yam, ~. r - , .,.~r _ ~. ~ ,.~ .. ~ ~ ~ ~ ~ -~ 1 Other vendors: (1lydicate type) n0 Tents: yes~~ no Ifyes, How mcxrty What size or• size r•egcrired ~~X/~ (Ifyes, teat perrrrits rurd ftre inspections »ray be needed) Will the event include amusement rides: yes no~ (Ifyes, Type arrd loeatiorr crud copy of liability insruarree required, also requires state lice-rse curd irrspectiorr.) Will tl~e event be gated: (Slroly arr-.site reap) yes no,~_ Will there be a charge fot• the event: yes no (Ifyes, indicate ticket prices) Will there be fireworks or other pyrotechnics: yes no~ (Ifyes, corrtrrct Fire Marshal to obtain and corrrplete perrrrr't crppNcation) Will there be cooking with compressed gas; yes no~ (Ifyes, corrtcrcf Fire Marshal for irrspectiorrs) Will you be providing port-a-lets for the event: yes uo~_ (Ifyes, locate orr-site Wrap. If rro, indicate holy yorr will handle r•estroorrr needs) is reserved parking requested: yes lzo~ (If yes, indicate locations arrd purpose for• use) Event Permit Attachments: Revenue/Expense Budget ~_Revenue/Expense Recap Last Years Event _Site Plan Letter Requesting Noise Ordinance Waiver Letter Requesting Waiver Consumption Alcohol Beverages ~ ~ Proof ofNon-Profit Status General Liability Insurance Certificate ~_Alcohol Beverage Liability Certificate ~~__ _Proof of Rental Agreement or Authorization Letter from Private Property Owner . ~ l~ Hold Harmless Agreement Submittal Date Requirements: • Minor Event 45 days prior to event • Intermediate Event 90 days prior to event • Major Event 120 days prior to event • Neighborhood Block Party 30 days prior to event C;IDocciments acid SetliEtgslLislDesktoplSpccia! Event Permit Appiication Fl~SA[. 9,6,07.doc q >Gvent Contractor/C rdi i for Date Please l~rn~t: ~~ (i~~ P~ ~ ~~ Please enclose the appropriate non-refi~ndabie application fee payable to the City of Delray Beacl;, 100 N.W. ls` Avenue, Delray Beach, Florida 33444. Required with permit application. For Stuff Use O~rlyy~ J Q Date Received < ~~/ 4 Application fee received $ ~/ C,IDocuments and 5ettingsV.isilDesktoplspeciaf Event 1'er~nit Application 3''I~'A~, 9.b.07.doc - - - . - .r, r ~° . - --1 r .7 ~ 1 - - - ~~: ~ .. . - - ~,, t - ~ ~ ~? ~r. L~ ~ - ~ i +1~ i 1, ~. , S .' ~ i ~ :~ _ _ T ~• . ,~ ~ x ' _ _ .~i ,~, r 1 ~ rr F _ r ~r, ,~ ~. . .~ ,ra:. V ., ' i _ ~ ~ ~, ,~ ~ " L- _ :~., ` -~+. _ - ^ R , r ~ ~ ' } T: _ ~ ~ ' ~ ~ ' ~ w • + ' ~` r '~ ~ ~_ '~`~ - ! _ r ~ ~ ~ ~ ' 11 ~ ~ ~ ~ • ~~ J . • ~ . J ~'?' A~ ~ . ~ ~ ~ ~ r ^ _ f _ • ~~ } ~ ' ~ 1 ' ~i ~~~ ~~ ~ ~ ~ _ ~ ~ rc ~~S' _ 3I 3r~F.~_ 7, ~c~.~ - yt, t` ::[ '. _ ~' ~jt r t i ~ ~ ' F l3 ~ ~ , i ~-~ - ~ y', •~ I 1i 4 ~ b i~ , ~v ~ t ! ~ r ~sk ~ F ~,S ~ -~ ~~ r7 i ~i »z `i ~t ~C~. ~ .S yL~\ •s ~i t 4 _ t Z ~ ~, xF 3 fi ii{ 4 ~: 1 ` _ a# ~ ~ :. r y ~ . _ .a s :w s' _ _ _,. ~. _ _ ~F.~ - d. .~ ~ _ ~~ 4 _I __ "__ - - - _ -e. ~--Y~7 _ _ - ~_ _ ~ ~~ _ } ; ~3 R 3 y. -Y Y~.'^" T _ °~ gib ~ -Y^~6~ T . G1 ~ = ~_.k- ~~~ Ss~e r~~:~' ~~ i 22nd Annual Turkey Trot November 22nd, 2008 Beginning Balance Revenues $1,387.00 Misc. Deposits $40.04 Misc. Deposits 11/18/08 $60.00 Misc. Deposits 11/20/08 $1,5©5.00 Misc. Deposits 11122!08 $5,636.00 Misc. Deposit 1211108 $180.00 Misc. Deposit 1218108 $2,375.00 7'otaf Revenues $11,183.00 Expenses Rotary Act. T-Shirts $1,580.fl0 Barricades $500.00 Split Second Timing $3,100.00 Refreshments $96.82 7"ota! Expenses $5,276.82 Balance Donation to Keith Straghn ($2,000.00) End Baiance Other Expenses out of Budgeted 48.10 Acct. SF Running Forum-------------- -----------_ $161.00 Florida Running Inc ~Runnin~ & Tria#halon) - $65.00 -Trophies - --y $560.00 $3,906.18 Numbers $183.52 23rd Annual Turkey Trot November 21st, 2009 Beginning Balance Revenues $3,906.18 Misc. Deposit 12!8108 $2,300.00 Total Revenues $6,206.18 Bxpenses Rotary Act. T-Shirts $1,580.00 Barricades $500.00 Split Second Timing-..-----•----------------------• $3,100.00 7'ota! Expenses Balance Donakion to Keith Stragh $5,180.00 $1,026.18 ($1,000.00) Bnd Balance In-Kind Costco Bob's Quick Print Water Applications & Posters $300.00 $450.00 $26.18 Other Bxpenses out of Budgeted A8.10 Acct. Trophies $560.00 ----------------------------------------------------- Numbers $183.52 MEMORANDUM TO: Mayor and City Commissioners FROM: Jasmin Allen, Planner Paul Dorling, AICP, Director of Planning and Zoning THROUGH: City Manager DATE: September 30, 2009 SUBJECT: AGENDA ITEM 8.K. -REGULAR COMMISSION MEETING OF OCTOBER 6, 2009 REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS ITEM BEFORE COMMISSION The action requested of the City Commission is review of appealable actions which were taken by various Boards during the period of September 21, 2009 through October 2, 2009. BACKGROUND This is the method of informing the City Commission of the land use actions, taken by designated Boards, which may be appealed to the City Commission. After this meeting, the appeal period shall expire (unless the 10 day appeal period has not occurred). Section 2.4.7(E), Appeals, of the LDRs applies. In summary, it provides that the City Commission hears appeals of actions taken by an approving Board. It also provides that the City Commission may file an appeal. To do so: . The item must be raised by a Commission member. . By motion, an action must be taken to place the item on the next meeting of the Commission as an appealed item REVIEW BY OTHERS Planning and Zoning Board Meetin~ptember 21, 2009 No appealable items were considered by the Planning and Zoning Board. The following items which were considered by the Board will be forwarded to the City Commission for action. A. Recommended approval (7 to 0), of a City initiated amendment to the Land Development Regulations Section 4.4.9(G)(3)(e)l.a, to allow the internal parking lot landscape areas requirements to be credited towards the required 25% open space requirement within the Four Corners Overlay District. B. Recommended denial (6 to 0, Joseph Pike stepped down), of a conditional use request for Village at Delray, (formerly a portion of Auburn Trace) located on the east side of Auburn Avenue, between SW 7th Street to the south and Auburn Drive to the north to allow a density in excess of 12 units per acre subject to provisions of Section 4.4.6(I), "Performance Standards", Article 4.7 "Family Workforce Housing"; based upon the development's non-conformance with the applicable standards and criteria described within the adopted Southwest Area Neighborhood Redevelopment Plan. The development included one hundred ninety two (192) residential units containing 15 workforce housing rental units and 177 affordable rental units, which results in a density of 17.4 dwelling units per acre. Concurrently the Board recommended approval (4 to 2, Connor Lynch and Al Jaquet dissenting) of a waiver request to LDR Section 4.6.9(D)(2) which requires that vehicles must enter and exit parking spaces onto the street in a forward manner. C. Recommended approval (7 to 0), of a City initiated amendment to the Land Development Regulations Section 4.3.3 "Special Requirements for Specific Uses" by enacting Subsection (CELL) "Medical Offices" to provide clarification regarding dispensing of narcotic drugs, and amending Appendix "A" to provide for definitions related to the regulation of medical offices. D. Recommended approval (7 to 0), of a City initiated amendment to the Land Development Regulations Sub-Section 2.4.3(K) "Fees", Sub-Subsection (1) "Development Applications", Sub- Subsection (2) "Plan Check Fees", Sub-Subsection (3) "Permit Fees", Sub-Subsection (6) "Delray Beach Fire-Rescue Department Fees" and Section 6.3.3 "Sidewalk Cafe, Sub-Section 6.3.3(A) "Permit and Fees", providing for the establishment of new fees and increases to certain existing fees. E. Recommended denial (7 to 0), of an Ordinance authorizing the creation of Local Government Neighborhood Improvement Districts pursuant to Florida Statute 163.506. F. Recommended approval (7 to 0), of a City initiated amendment to the Land Development Regulations Section 4.6.7 (Signs) Subsection 4.6.7(H)(10)(b) "Sponsorship Signs" providing and clarifying related standards. G. Determined on a 7 to 0 vote that the proposed CIl' (Capital Improvement Plan) is consistent with the Comprehensive Plan. This item was forwarded to the City Commission on September 22, 2009 Site Plan Review and Appearance Board Meetin~ptember 23, 2009 1. Approved with conditions (6 to 0, Jerome Sanzone absent), a request for modification to the master sign program for Delray Corporate Center in conjunction with the establishment of Kaplan University at 3333 South Congress Avenue (northeast corner of Congress Avenue and C-15 Canal). 2. Approved (6 to 0), a request for a color change for Wal-Mart Store, located on the west side of Military Trail, south of Linton Boulevard (16205 South Military Trail). 3. Approved with conditions (6 to 0), a Class III site plan modification, landscape plan and architectural elevation plan associated with the construction of an 11,035 square foot service building addition for Mercedes Benz, located at the northwest corner of Linton Boulevard and SW 10th Avenue (1001 and 1111 Linton Boulevard). RECOMMENDATION By motion, receive and file this report. Attachment: Location Map 1~~~~ t ~S ~~~-~~-~~- CITY LIMITS ~~~~~~-~~- ONE MILE ~ GRAPHIC SCALE CITY OFDELRAYBEACH, FL PLANNING & ZONING DEPARTMENT OCTOBER 2009 I MAP REF: S:\Planning &Zoning\DBMS\File-Cab\CC-DOC\10-6-09 --DIGIraLSasEMAPSYSrEM-- MEMORANDUM TO: Mayor and City Commissioners FROM: Joseph Safford, Finance Patsy Nadal, Purchasing Manager THROUGH: David Harden, City Manager DATE: September 30, 2009 SUBJECT: AGENDA ITEM 8.L.1 -REGULAR COMMISSION MEETING OF OCTOBER 6, 2009 BID AWARD/TREE HUGGERS LANDSCAPING & NURSERY, LLC. ITEM BEFORE COMMISSION City Commission is requested to approve the bid award to Tree Huggers Landscaping & Nursery, LLC for landscape maintenance of George Bush Blvd./N.E. 8th Street and West Atlantic Avenue for an estimated annual cost of $18,047.00. BACKGROUND Bids were received and opened on September 8, 2009 from twelve (12) landscape maintenance contractors all in accordance with City purchasing policies and procedures. Bid No. 2010-02 documentation on file in the Purchasing Office. A tabulation of bids is attached for your review. As stated on the attached memo dated September 23, 2009, the Parks Maintenance Superintendent and the Director of Parks and Recreation recommend award to the low bidder, Tree Huggers Landscaping & Nursery, LLC. This contract is for one (1) year with the option to renew for two (2) additional terms of one (1) year. FUNDING SOURCE 119-4144-572-46.40 BEAUTIFICATION TRUST FUND RECOMMENDATION Staff recommends award to low bidder, Tree Huggers Landscaping & Nursery, LLC. for the landscape maintenance of George Bush Blvd./N.E. 8th Street and West Atlantic Avenue at an estimated annual cost of $18,047.00. I' ~: ~~ _~ . s . ~~ - r #~ 1 ~. ^ - w 1 ~ ^ ~ ~1 ~~ ~r ~ ''~ ~ r~ - - i f ~ A r { ~~ .rte _ ~ ~ - _ ~ ~ F ~~ C ti ^ ^~''' ~r~ ~ ,. i ~~ ~~ ~, ~~ 4 ~~~ J 1 1 1~ 1 i ^ ~~ 1 ^ L ~ r ~ ~ y~ ti L i 1 # ~~ _ I* .~. # i'' _ ` ~r 7. ~ ~ ~ ~~~ ~ r 1 ~i ~ r ' i ~ _ ~ - ~f i ~ ~_# Y I ~~ 4~ ~ .. 7~ ~a ~ ~- ~t r MEMORANDUM TO: Mayor and City Commissioners FROM: Victor Majtenyi; Deputy Director of Public Utilities Richard C. Hasko, P.E.; Director of Environmental Services Department THROUGH: David Harden; City Manager DATE: October 2, 2009 SUBJECT: AGENDA ITEM 8.L.2 -REGULAR COMMISSION MEETING OF OCTOBER 6, 2009 CONTRACT AWARD/BAKER'S TRANSPORT SERVICE ITEM BEFORE COMMISSION Request approval of an award to Baker's Transport Services (BTS) in the amount not to exceed $200,000.00 for hauling and disposal of liquid lime slurry from the Water Treatment Plant (WTP). This will be an annual award "piggy backing" a current contract between Palm Beach County Water Utilities and Baker's Transport Service. BACKGROUND In May 2009, staff was authorized to initiate disposal with BTS in an amount not to exceed $14,000 (P.O. #660113) fora 30 day trial run basis to evaluate the effectiveness and viability of this process. The trial run has proved very favorable. The process has limited lime sludge stockpiling to the lagoon and has provided treatment relief in alleviating an over saturation condition at the east thickener unit. In August 2009, City Commission approved an award to BTS in amount not to exceed $27,000 for another 60 days of operation, to the close of the 2009 fiscal year. This has allowed staff the opportunity to facilitate digging out the sludge storage lagoon. The proposed is an annual award, October 2009 through September 2010, based on one load per day, Monday through Saturday. The terms and conditions are per an existing contract with BTS and Palm Beach County Water Utilities which is available for "piggyback" (please see attached). Their agreement with Palm Beach County is fora 12 month period, expiring April 2010, with four (4) additional 12 month period renewal options. Per the agreement, BTS will haul the slurry at a rate of $18.75 per ton, plus a mileage charge of $1.15 per mile. Currently, there are two facilities accepting the slurry product, one in Orlando, the Orlando Utility Commission, and one in Pompano, the Wheelabrator North Broward recycling facility. The total amount requested for this annual period is $200,000. This is based on one load per day, six days a week, at an estimated eighty percent (80%) of the loads hauled to Pompano and twenty percent (20%) hauled to Orlando: • 26 liquid tons (per load) at $18.75/ton = $487.50 per load, plus $1.15/mile at 382 miles (round trip) _ $926.80 per load delivered to OUC (Orlando Utility Commission) x 63 loads (not to exceed) _ $58,388.40. • 26 liquid tons (per load) at $18.75/ton = $487.50 per load, plus $1.15/mile at 60 miles (round trip) _ $556.50 per load delivered to Pompano (Wheelabrator South Broward recycling facility) x 249 loads (not to exceed) _ $138,568.50. Staff requests approval of awarding an annual contract to Baker's Transport Service in the amount not to exceed $200,000 for the disposal of lime slurry for the fiscal year 2010. FUNDING SOURCE Funding will be available from Account # 441-5122-536-34.90 (Water and Sewer Fund/ Other Contractual Services). RECOMMENDATION Staff recommends approval of award in the amount of $200,000 to Baker's Transport Service for the disposal of lime slurry from the Water Treatment Plant. 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 1 year 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 Limited Liability Company) STATE OF ) SS COUNTY OF ) I HEREBY CERTIFY on . 20 that a meeting of the Board of Directors of a LLC under the laws of the State of held the following resolution was duly passed and adopted: "RESOLVED", that as President of the LLC, be he/she is hereby authorized to execute the Agreement dated 20 ,between the City of Delray Beach, Florida and this LLC, and that his execution thereof, attested by the Secretary of the LLC 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 LLC this day of (Secretary) 20_ (Corporate Seal) -7- 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 $300,Q00 per occurrence combined single .limit for Bodily Injury Liability and Property Damage Liability. b) Premises andlor Operations. c) independent Contractors. d) Products andlor Completed Operations. e} No exclusion for Underground, Explosion or Collapse hazards. Business Auto Palic -Coverage must be afforded on a form na more restrictive than the Iatest edition of the Business Auto Policy filed by the Insurance Service Office and must include: a) Minimum Limits of X301),000 per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability. b) Owned Vehicles. c) Hired and Non-Owned Vehicles, d) Employer Non-Ownership. 4. Certificate of Insurance -Certificates of all insurance evidencing the insurance coverage specified in the previous Insurance Administrator prior to commencement of work. The re aired certificates of insurance shall not onl name the t es of alicies rovided but shall also refers ecificall to this bid and section and the above . ara ra hs in accordance with wtaich such insurance is bein furnished. and shall state that such insurance is re aired b such paragraphs o~F_this contract. The successful bidder will include the Cit of Delra Beach as additional insured. if the initial insurance expires prior to the completion of the work, renewal certificates shall be furnished thirty (30) days prior to the date of expiration. Also, under the Cancellation section of fhe Insurance Certification the words "endeavor to" and "buff failure to mail such notice shall impose no obligation ar liability of any kind open the company, t5;.,agents or representative" shall be crossed out as indicated on the attached-"Sample of Insurance Certificate". 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RNO CCllrlp4- ~ ~~~ ~~~~ G7' TYFE OF !f~$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. MEMORANDUM TO: Mayor and City Commissioners FROM: Estelio Breto, Senior Planner Paul Dorling, AICP, Director Planning and Zoniong THROUGH: City Manager DATE: October 1, 2009 SUBJECT: AGENDA ITEM 9.A. -REGULAR COMMISSION MEETING OF OCTOBER 6, 2009 CONDITIONAL USE REQUEST/VILLAGE AT DELRAY ITEM BEFORE COMMISSION Consideration of a Conditional Use request to allow a density in excess of 12 units per acre (17.4 du/ac is proposed) in accordance with the provision of the City's Family Workforce Housing Ordinance for the Village at Delray, a 192-unit residential development located on the east side of Auburn Avenue south of SW 4th Street. BACKGROUND The property totals 11.03 acres and is zoned RM (Medium Density Residential). The site previously contained sixteen (16) one and two-story multiple family structures which were built in 1981 and have recently been demolished. The recent development history includes a conditional use approval by the City Commission on April 1, 2008, fora 264 unit residential development which included 66 workforce housing rental units with a mix of one, two and three bedroom units (6 one-bedroom units, 30 two- bedroom units, and 30 three-bedroom units). The balance of the development included 198 market rate rental units (18 one-bedroom units, 90 two-bedroom units, and 90 three-bedroom units). The approval included a related parking reduction, and waiver request for back out parking. At its meeting of June 25, 2008, the Site Plan Review and Appearance Board (SPRAB) approved a related Class V site plan, landscape plan, and architectural elevations. The new conditional use request is for the construction of a 192-unit residential development with four 3-story high buildings, each containing 48 units (6 one-bedroom units, 24 two-bedroom units, and 18 three-bedroom units). Multi-family residential developments may exceed twelve (12) units per acre, up to a maximum of twenty-four (24) units per acre (17.4 units per acre is proposed) as a conditional use within the Carver Estates Overlay District as defined in LDR Section 4.7.1(c) and Section 4.5.11. The 192 residential units will include 15 workforce housing rental units containing lone-bedroom unit, 7 two-bedroom units, and 7three-bedroom units. These units are targeted for very low income groups at or below 60% Area Median Income (AMI). The balance of the development will include 177 affordable rental units with 23 one-bedroom units, 89 two-bedroom units, and 65 three-bedroom units, also targeted for very low income earners at or below 60% AML No market-rate units are proposed. REVIEW BY OTHERS At its meeting of September 21, 2009, the Planning and Zoning Board held a public hearing in conjunction with the conditional use request. Presentations were made by staff, and the applicant. There was public testimony from several residents that live in the adjacent areas. Residents' concerns revolved around incompatibility and inconsistency with the concept of a mixed income community requirement contained in the Southwest Neighborhood Redevelopment plan, the massing of the buildings, noise, and traffic increase and congestion. After significant discussion, the Board moved a recommendation of denial on a unanimous vote of 7-0, by adopting the findings of fact and law contained in the staff report. A detailed description and analysis of the proposal is contained within the attached Planning and Zoning Board staff report of September 21, 2009. This recommendation of denial was based on several factors including: The proposal is inconsistent with objectives and policies of the Comprehensive Plan, including Future Land Use Element Objective A-1 and Policy C-1.7, Housing Objective A-11, Housing Policy A-11.3, and Housing Objective B-2. The proposal does not meet the requirements of Article 4.7, "Family/Workforce Housing" of the Land Development Regulations, which allow density increases subject to the provision of workforce housing units, but also requires market-rate units. Failure to make positive findings with respect to Section 2.4.5(E) (5) of the Land Development Regulations given the project's detrimental impact on the stability of the surrounding neighborhoods and deterrent to future investment in adjacent properties. RECOMMENDATION Move a denial of the conditional use request to allow for a density of 17.4 dwelling units per acre for Village at Delray, by adopting the findings of fact and law contained in the staff report, and finding that the request is inconsistent with the Comprehensive Plan (in particular Future Land Use Element Objective A-1 and Policy C-1.7, and Housing Element Objective A-11, Objective B-2 and Policy A- 11.3), does not meet criteria of Article 4.7 [Family/Workforce Housing], and failure to make positive findings pursuant to Section 2.4.5(E)(5) and Chapter 3 of the Land Development Regulations. IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA CONDITIONAL USE REQUEST FOR VILLAGE AT DELRAY ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA 1. This conditional use request has come before the City Commission on October 6, 2009. The Conditional Use Request is for density in excess of 12 units per acre (17.4 du/ac is proposed). 2. The Applicant and City staff presented documentary evidence and testimony to the City Commission pertaining to the conditional use request for Village at Delray. 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 Element Objective A-1/Future Land Use Map: Is the property developed/redeveloped so that the future use and intensity is appropriate in terms of soil, topographic, and other applicable physical considerations, is complementary to adjacent land uses, and fulfills remaining land use needs and is consistent with the Land Use Map? Yes No B. Comprehensive Plan -Future Land Use Element Policy C-1.7: The Southwest Area Neighborhood Redevelopment Plan was adopted by the City Commission at its meeting of June 3, 2003. The Plan establishes a blueprint for the revitalization and stabilization of the area. The Southwest Area Neighborhood Redevelopment Plan is divided into five sub-areas based upon current and proposed land uses. The sub-areas serve to defined potential boundaries for the phased implementation of the various plan components. Future development in the area must be in accordance with the provisions of the Redevelopment Plan. Is this development consistent with the Redevelopment Plan? Yes No C. Comprehensive Plan -Housing Policy A-11.3: In evaluating proposals for new development or redevelopment, the City shall consider the effect that the proposal will have on the stability of nearby neighborhoods. Factors such as noise, odors, dust, traffic volumes and circulation patterns shall be reviewed in terms of their potential to negatively impact the safety, habitability and stability of residential areas. If it is determined that a proposed development will result in a degradation of any neighborhood, the project shall be modified accordingly or denied. Does this project negatively impact adjacent residential areas? Yes No D. Housing Objective A-11: To assist residents of the City in maintaining and enhancing their neighborhood, the City, through public input and notification, shall take steps to ensure that modifications in and around the neighborhood do not lead to its decline, such as those described in the following policies. Can positive findings be made with respect to this objective? Yes No E. Housing 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.... Can positive findings be made with respect to this objective? Yes No F. Concurrency: Objective B-2 of the Land Use Element of the Comprehensive Plan requires that development not exceed the ability of the City to fund and provide, or to require the provision of, needed capital improvements for the following areas: 2 Are the concurrency requirements met with respect to water, sewer, drainage, streets and traffic, parks, open space, solid waste and schools? Yes No G. Consistency: Will the granting of the conditional use be consistent with and further the goals and policies of the Comprehensive Plan? Yes No II. LDR REQUIREMENTS: A. LDR Section 2.4.5(E) Required Findings: (Conditional Use): Pursuant to Section 2.4.5(E)(5), in addition to provisions of Chapter 3, the conditional use will not: 1. Have a significantly detrimental effect upon the stability of the neighborhood within which it will be located; 2. Hinder development or redevelopment of nearby properties. Will Section 2.4.5(E)(5) be met? Yes No B. Performance Standards for Density Increase: In order to increase the density beyond 6 du/ac the performance standards listed in Section 4.4.6(1)(1), attached hereto as Exhibit "A", must be met. Are the performance standards in Section 4.4.6(1)(1) met? Yes No C. Workforce Housing Standards for Density Bonus. Pursuant to LDR Section 4.7.1(f), the Density Bonus program is an incentive program intended to encourage developers to build affordable owner-occupied and rental housing within the City of Delray Beach. The concept is that for every workforce housing unit that a developer builds, a calculated number of market rate units greater than would be allowed otherwise may be built. Pursuant to LDR Section 4.7.4, developers of property in the Southwest Neighborhood Overlay District, the Carver Estates Overlay District and the Infill Workforce Housing Area, that meet the minimum standards will earn bonus units for building workforce housing for very low, low and moderate income families. 3 a. The size of the bonus varies based on several factors including: Affordability (i.e., homes affordable to very low, low, or moderate income families) ii. Home Size (i.e., workforce housing units with four or more bedrooms are awarded larger bonuses) iii. Ownership versus Rental (i.e., larger bonuses are awarded for workforce housing units offered for sale to low and very-low income families and larger bonuses are awarded for ownership versus rental units.) b. To be eligible for bonus units, developers must meet one or more of the following criteria: A designated number of the total units are restricted to very low income households, and/or ii. A designated number of the total units are restricted to low income households, and/or iii. A designated number of the units are restricted to moderate income households c. Workforce housing units may be located off-site provided the off-site location chosen is within the City of Delray Beach. d. The bonus allowances are set forth in Table 1 below. TABLE 1 DENSITY BONUS ALLOCATIONS IN THE SOUTHWEST NEIGHBORHOOD OVERLAY DISTRICT, THE INFILL WORKFORCE HOUSING AREA AND THE CARVER ESTATES OVERLAY DISTRICT OPTION SALE /RENT NUMBER OF BONUS UNITS PER WORKFORCE UNIT PROVIDED VERY LOW 60% 4 LOW 80% - 61 % 3 MODERATE 120% -81 % 2 LARGE HOME OPTION 4+ bedroom workforce housing Additional 0.5 bonus will be added to 4 units the bonus provided above in this chart There are 192 dwelling units proposed within the subject property (11.03 acres). This equates to an overall density of 17.4 dwelling units per acre (192 units / 11.03 acres = 17.40 du/ac). The density allowed is 12 du/ac which equates to a total of 132 residential units (11.03 acres x 12 du/ac = 132 units). The applicant is requesting an increase of 60 units above the 132 units allowed (192 - 132 = 60 units). To support the increased density, 15 very low workforce units are needed (60 units / 4 bonus per workforce unit provided = 15). Therefore, to obtain the increase density requested, at least 15 units must be workforce housing units within the very low 60% income bracket. The applicant has indicated that 15 units of the 192 residential units proposed will be rental workforce housing units for the very low income families. It is noted that out the 192 units proposed, none will be market rate rental units, 15 will be workforce housing units (very low at or below 60% AMI), and thus, the remaining 177 units will be affordable rental units for households at or below the 60% affordability level of the Palm Beach County median income. Out of the 15 workforce housing units proposed, 1 will be a one bedroom unit, 7 units will be two bedroom units, and 7 more will be three bedroom units. Are the workforce housing standards met? Yes No 3. The comments and notes set forth in the staff report are hereby incorporated herein 4. The City Commission has applied the most current Comprehensive Plan and LDR requirements to this development application and finds that its determinations as herein set forth are consistent with the Comprehensive Plan. 5. The City Commission finds there is ample and competent substantial evidence to support its findings in the record submitted and adopts the facts contained in the record including but not limited to the staff reports, testimony of experts and other competent witnesses supporting these findings. 6. Based on the entire record before it, the City Commission approves denies the conditional use as requested and hereby adopts this Order this 6t" day of October, 2009, by a vote of in favor and opposed. 5 Nelson S. McDuffie, Mayor ATTEST: Chevelle Nubin City Clerk Exhibit "A" (Performance Standards) (a) The traffic circulation system is designed to control speed and reduce volumes on the interior and exterior street network. This can be accomplished through the use of traffic calming devices; street networks consisting of loops and short segments; multiple entrances and exits into the development; and similar measures that are intended to minimize through traffic and keep speeds within the development at or below 20 m.p.h. (b) Buildings are placed throughout the development in a manner that reduces the overall massing, and provides a feeling of open space. (c) Where immediately adjacent to residential zoning districts having a lower density, building setbacks and landscape materials along those adjacent property lines are increased beyond the required minimums in order to provide a meaningful buffer to those lower density areas. Building setbacks are increased by at least 25% of the required minimum; at least one tree per 30 linear feet (or fraction thereof) is provided; trees exceed the required height at time of planting by 25% or more; and a hedge, wall or fence is provided as a visual buffer between the properties. (d) The development offers a varied streetscape and building design. For example, setbacks are staggered and offset, with varying roof heights (for multi-family buildings, the planes of the facades are offset to add interest and distinguish individual units). Building elevations incorporate diversity in window and door shapes and locations; features such as balconies, arches, porches, courtyards; anc design elements such as shutters, window mullions, quoins, decorative tiles, etc. (e) A number of different unit types, sizes and floor plans are available within the development in order to accommodate households of various ages and sizes. Multi-family housing will at a minimum have a mix of one, two and three bedroom units with varying floor plans. Single family housing (attached and detached) will at a minimum offer a mix of three and four bedroom units with varying floor plans. (f) The development is designed to preserve and enhance existing natural areas and/or water bodies. Where no such areas exist, new areas, which provide open space and native habitat, are created and incorporated into the project. (g) The project provides a convenient and extensive bicycle/pedestrian network, and access to available transit. 7 ° ~ , ~ - ~ C 4T1 ST. ~~~ lfJ S. W. ~„ '~ AUBURN DR. ~ m ! ~ P~~J T ~~ R~ 11 tR Q J~~ - PJ0 AS N?lY"J C.H. 5 J3 AU NLi~2ff '.. ~- Y S. W. 7tH ST, . ` r, ~~ _ ~ s.w. ~ni sT- ~ rc a h _ w 6 4 Q Q ~t YI h V1 N ~~~ # ~ N N 5. W. 1 QTH 4TH ST. s.. zno s.. N sr ®~N~~ ~~'~ S '" • ~` ~ N VILLAGE AT DELRAY ~ ~ \. J ._ ~- SUBJECT PROPERTY 625 AUBURN CIRCLE WEST PLANNING AND ZONING DEPAf2TMEN7 LOCATION MAP -- DIGITAL 845E A(AP SYSTEM -- MpP REF: 5:\Plonning & Zoninq\DBMS\File-Cob\2-LM 1001-1500\LM1049_THE VILLAGE A7 DELRAY a ~~ ~ i iii ,~, ,~ • e " ~ ~ _ . _ ~ ,~ . - ors it i~ I~ ,* 5. ~ o . i i, I' ~. - - - '•~Addition~l Information fi PLANNING AND ZONING BOARD CITY OF DELRAY BEACH MEETING DATE: September 21, 2009 --- STAFF REPORT --- ITEM: Conditional Use Request for the Village At Delray to Allow an Increase in the Residential Density Above 12 Dwelling Units Per Acre (17.40 dulac proposed) pursuant to the City's FamilylWorkforce Housing Program. The property is located on the east side of Auburn Avenue between SW 7`h Street to the south and Auburn Drive to the north (625 Auburn Circle West). GENERAL DATA: Ap p I ica nt .................... . Agent ......................... Village at Delray, Ltd. Weiner & Aronson, P.A. Owner ........................ Auburn Trace Joint Venture 1 Delray Beach Housing Authority Location .......................... East side of Auburn Avenue between SW 7fh Street to the south and Auburn Drive to the north (625 Auburn Circle West) Property Size .................. 11.03 acres Future Land Use Map..... MD (Medium Density 5-12 dulac) Current Zoning ............... RM (Medium Density Residential) Adjacent Zoning....North: RM (Multiple Family Residential) East: OSR (Open Space Recrestional) South: RM (Multiple Family Residential) West: RM (Medium Density Residential) Existing Land Use.......... Mutiple family residential development Proposed Land Use........ A 192-unit residential development. Water Service ................. Water service is available via service lateral connections to two existing 8" water mains that traverse the site from east to west and from north to south. Sewer Service ................ Sewer service is available via service lateral connection to an existing 8" sanitary sewer main that traverse the site from east to west and from north to south. N ~ ITEM.~BEf(JRE_TI-tiE _BOAR'D -I The action before the Board is making a recommendation to the City Commission on a conditional use request for Village at Delray to allow an increase above 12 dwelling units per acre [LDR Section 4.4.6(D}(12)] (17.4 dulac proposed}, pursuant to LDR Section 2.4.5(E). The property is located on the east side of Auburn Avenue between SW 7th Street to the south and Auburn Drive to the north (625 Auburn Circle West}. == BA~KGF[aLINa1F~R~JECrtDESCRIPTION - . ; The subject property consists of Tract "G" and a portion of Tract "C", Auburn Trace, according to Plat Book 64, at pages 184 through 186 of the public records of Palm Beach County. Tract "G" and a portion of Tract "C", are located to the north of SW 7'h Street and to the south of Auburn Drive. The area of the property totals 11.Q3 acres and is zoned RM (Medium Density Residential}. Tract "G" currently contains six (6} one and two-story multiple family structures; and Tract "C" contains ten (10} one and two-story multiple family structures. All existing structures contained in Tract "G" and Tract "C" were built in 1981 and are to be demolished. The recent development history includes a conditional use approval by the City Commission on April 1, 2Q08, fora 264 residential development which included 66 workforce housing rental units containing a mix of one, two and three bedroom units (6 one-bedroom units, 30 two- bedroom units, and 30 three-bedroom units}. The balance of the development included 198 market rate rental units (18 one-bedroom units, 90 two-bedroom units, and 90 three-bedroom units}. The approval included a related parking reduction, and waiver request for back out parking. At its meeting of ,dune 25, 2t)08, the Site Plan Review and Appearance Board (SPRAB) approved a related Class V site plan, landscape plan, and architectural elevations associated with the construction of the mixed income development of 264 newly proposed residential units. The new conditional use request is for the construction of a 192-unit residential development, within four 3-story high buildings which each contain 48 units (6 one-bedroom units, 24 two- bedroom units, and 18three-bedroom units) Multiple family residential developments may exceed twelve (12) units per acre, up to a maximum of twenty-four (24) units per acre (17.4 units per acre proposed) as a conditional use within the Carver Estates Overlay District as defined in LDR Section 4.7.1(c) and Section 4.5.11. The conditional use request is subject to the provisions of Section 4.4.6(1), Article 4.7, and based upon the development's conformance with the applicable standards and criteria described within the adopted Southwest Area Neighborhood Redevelopment Plan. The 192 residential units will include 15 workforce housing rental units containing 1 one- bedroom unit, 7two-bedroom units, and 7three-bedroom units. The units are targeted for very low income groups at or below 6Q% AMI. The balance of the development will include 177 affordable rental units with 23 one-bedroom units, 89 two-bedroom units, and 65 three-bedroom units, also targeted for very low income earners at or below 6Q% AMI. No market-rate units are proposed. The conditional use application also includes a waiver request as referenced below: Waiver to LDR Section 4.6.9 (D) (2) from the requirement that adequate maneuvering area shall be provided that will allow for a vehicle to enter and exit the Planning and Zoning Soard Staff Report, Meeting of September 2 ~ , 2009 Village at Delray -Conditional Use Request parking space in a forward manner when more than 200ADT {Average Daily Trips) exist within the adjacent drive isle. This site plan provides several areas where back out parking is proposed and the adjacent traffic volumes exceed 200 ADT, and thus, a waiver to this LDR requirement is being requested. The conditional use application is now before the Board for consideration. C41r1l~ITlONAL USE ANALYSIS ""'- -=-: REQUIRED FINDINGS (Chapter 31: Pursuant to LDR Section 3,1.1 (Required Findings}, prior to the approval of development applications, certain findings must be made in a form which is part of the official record. This may be achieved through information on the application, the staff report, or minutes. Findings shall be made by the body, which has the authority to approve or deny the development application. These findings relate to Future Land Use Map Consistency, Concurrency, Comprehensive Plan Consistency and Compliance with the LDRs as noted below. 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 Future Land Use Map designation of MD (Medium Density) and is zoned RM {Medium Density Residential). The RM zoning district is consistent with the MD Future Land Use Map designation. This area is further delineated as the Carver Estates Overlay District as noted in LDR Section 4.7.1 {c) and Section 4.5.11 and referenced in Future Land Use Element Policy A.7.2 which allows a maximum development density of 24 unit per acre. Further, pursuant to LDR Section 4.4.6{D)(12), multiple family residential developments may exceed 12 units per acre, up to a maximum of 24 units per acre as a conditional use, within the Carver Estates Overlay District, subject to the provisions of Section 4.4.6(1), Article 4.7, and based upon the conformance with the applicable standards and criteria described within the adopted Southwest Area Neighborhood Redevelopment Plan. Based upon the above, positive findings can be made with respect to consistency with the Future Land Use Map. 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. Water and Sewer: Water service is available via service lateral connections to two existing 8" water main that traverse the site and are located north of Auburn Terrace street right-of way. In addition, water service is also available via service lateral connections to two existing 8" water mains that traverse the site from south to north and are located along Auburn Circle right-of- way. There are six {6) fire hydrants that are placed throughout the existing project which will be relocated to accommodate the proposed multiple family structures. Sewer service is available via service lateral connection to two existing 8" sanitary sewer mains that run along Auburn Circle East and Auburn Circle West right-of-ways. In addition, sewer service will also be available via future connections to two existing 8" sanitary sewer mains located along Auburn Circle South right-of-way. The redevelopment of the site will include the installation of a new lift station. 2 Planning and Zoning Soard Staff Report, Meeting of September 21, 2009 Village at Delray -Conditional Use Request Pursuant to the City's Comprehensive Plan, treatment capacity is available at the City's Water Treatment Plant and the South Central County Waste Water Treatment Plant for the City at build-out. Based upon the above, positive findings can be made with respect to this level of service standard. Drainage: A conceptual engineering plan has been submitted with the conditional use application that indicates that drainage will be provided via sheet flow to catch basins (type "C" and "D" Inlet} and exfiltration trenches. The outfall of the drainage system is tied to the City's storm water system. There are no problems anticipated in retaining drainage on site and obtaining anylall necessary permits. Traffic: A traffic study has been submitted that indicates that the proposed development will generate a net of 644 Average Daily Trips with 45 Net A.M. Peak Hour Trips and 57 Net P.M. Peak Hour Trip. A letter from the Palm Beach County Traffic Division indicating that the proposed project meets concurrency with the Palm Beach County Traffic Performance Standards Ordinance has already been provided. Since existing right and left tum lanes at the entrance to the property from Auburn Avenue are adequate to service the proposed development, no further turn lane improvements are necessary. Parks and Recreation: The Open Space and Recreation Element of the City's Comprehensive Plan indicates in its conclusion that the City will have sufficient recreation facilities to meet the needs of its population through the long range planning period of 2025. A park impact fee is collected to offset any impacts projects may have on City recreational facilities. Pursuant to LDR Section 5.3.2, a park impact fee of $500.00 per dwelling unit will be collected prior to issuance of a building permit for each unit for parks and recreation purposes. A total fee of $96,000 (192x500=96,000) will be required of this development. Solid Waste: The proposed 192-unit residential development will generate 99.84 tons of solid waste per year (192 units x 0.52 tons = 99.84 tons). The existing 96-unit residential development generated 49.92 tons of solid waste per year (96 units x 0.52 tons = 49.92 tons). This will represent an increase of 49.92 tons over the current condition (99.84 tons - 49.92 tons = 49.92 tons). The Solid Waste Authority has indicated that its facilities have sufficient capacity to handle all development proposals until the year 2021, thus a positive finding with respect to this level of service standard can be made. Schools: A fetter from the School District of Palm Beach County indicating that the proposed development meets concurrency standard has also been provided, and thus, school concurrency is not a concern. CONSISTENCY: Compliance with performance standards set forth in Chapter 3 and required findings in LDR Section 2.4.5[E] [5] for the Conditional Use request shall be the basis upon which a finding of overall consistency is to be made. Other objectives and policies found in the adopted Comprehensive Plan may be used in making a finding of overall consistency. A review of the objectives and policies of the adopted Comprehensive Plan was conducted and the following applicable objectives and policies that are relevant to the Conditional Use application are noted: Future Land Use Element Ob'ective A-1: Property shall be developed or redeveloped, in a manner so that the future use, intensity and density are appropriate in terms of soil, 3 Planning and Zoning Board Staff Report, Meeting of September 21, 2009 Village at Delray -Conditional Use Request topographic, and other applicable physical considerations; encourage affordable goods and services; are complementary to and com atible with adjacent land uses; and fulfill remaining land use needs, There are no significant environmental characteristics to the subject property. The proposed residential development and concentration of low income units at increased density will not be complimentary to the existing development pattern in the neighborhood. The proposed development is inconsistent with the redevelopment envisioned in the Southwest Area Neighborhood Redevelopment Plan as discussed further under Future Land Use Element Policy C-1.7. Future Land Use Elemenf Po!!cv C-1.T: The following pertains fo fhe Soufhwesf Neighborhood Redevelopment Area: This area is generally defined as the area bounded by Wesf Aflanflc Avenue on the north, SW 10t'' Sfreef on fhe south, Interstate-95 on fhe west, and Swinfon Avenue on fhe east. Many of fhe parcels in fhe area confain vacant or dilapidated structures, substandard parking and subsfandard landscaping. The area also contains resldenfla! areas lden#lfred as "Rehabilitation" on fhe Residential Neighborhood Categorization Map contained in the Housing Element. The Soufhwesf Area Neighborhood Redevelopmen# Plan was adopted by fhe Clfy Commission of ifs meeting of June 3, 2003. The Plan establishes a blueprint for fhe revitalization and sfab!lizaflon of the area. The Soufhwesf Area Neighborhood Redevelopment Plan is divided into five sub-areas based upon current and proposed land uses. The sub-areas serve fo define potential boundaries far fhe phased implemenfatlon of fhe various plan componen#s. Future development !n the area must be in accordance with the provisions of fhe Redevelopment Plan. The subject property is located within the borders of the Southwest Area Neighborhood Redevelopment Plan, and is more specifically included within sub-area #3 and is known as "The Village Center". This sub-area extends from SW 3rd Street to S.W. 10th Street. The Agencies currently based within the ViNage Center corridor include the VAiage Academy, the Boys and Girls Club, Head Start, and other service providers. The Southwest Area Neighborhood Redevelopment Plan recommends that sub-area #3 (the Village Center} be redeveloped to create a seamless service network linking education, social, and recreation services and facilities to meet the needs of southwest area neighborhood. The Southwest Area Redevelopment Plan calls for the provision of a mix of incomes with a strong base of affordable housing units and a mixture of multi-family housing (apartmentsltownhomes}. The proposed development provides more than a base of affordable housing. It provides a greater concentration of low income housing units than currently exists and fails to provide a mixed income component within the development. Concentrations of this type will be a deterrent to future investment in adjacent properties. Given the above, this development is not consistent with Future Land Use Element Policy C-1.7 nor The Southwest Area Neighborhood Redevelopment Plan. Recent studies have supported the benefits of mixed-income versus concentration of low income housing. These benefits include a decrease in crime and improvements in the quality of life for many low income families. In the publication Hope V! and Mixed Finance 4 Planning and Zoning Board Staff Report, Meeting of September 21, 2009 Village at Delray -Conditional Use Request Redevelopments: ACatalyst for Neighborhood Renewal,~'~ the author found that "Where well- executed mixed-income developments have replaced high poverty public housing, crime has decreased dramatically". This appears to be partly due to the reduction of criminal networks when properties in urban areas are redeveloped. Mixed-income communities exhibit greater degree of collective efficiency in managing. Mixed-income development appears to be a sound urban planning tool that can improve the quality of life for low-income families. Mixed- income developments appear to have lower crime rates, cleaner more visually attractive public spaces, which in-turns appears to attract more local investment activity than those none-mixed income neighborhoods which have a tendency to concentrate poverty. Further a report of the Bipartisan Millennial Housing Commission 2002 on Meeting our Nation's Housing Challenges~~}, found that: "Mixed-income housing is generally preferable to affordable housing that concentrates acrd isolates poor families." Nowadays, among affordable housing developers, researchers, and planners, it would be difficult to find anyone who disagrees with the above statement. The publication Is Mixed-Income Development an Antidote to Urban Poverty,..? concludes that living irr amixed-income development may improve the qualify of fife for low-income families. Although there is little evidence that mixed-income housing has boosted incomes for the poor, the author nonetheless concludes that "mixed-income development appears to be a sfrafegy that can improve the quality of life for marry low-income families." It is important to ask why it is a good idea for the market and for public policy to build mixed- income communities. One would have to say that those existing efforts to integrate housing developments economically are largely consistent to the way most urban residents live today. Events like Hurricane Katrina in August 2005 exposed the special problem of concentrated poverty that many American cities continue to face today. However, America has moved steadily towards achieving diversity and now is the time to move towards social and economic integration. Given the evidence that mixed-income housing can offer a better quality of life for low-income residents while providing an important platform for longer-term social mobility, a mixed income development at this location is appropriate. The Experience Abroad Roger Anderson and Sako Musterd, in their work Social Mix and Social Perspectives in Postwar Housing Estates in Europel3l and Alan Berube in Mixed Communities in England: A U. S. Perspective on Evidence and Policy Prospects~4~ conclude that: The experience abroad appears to indicate that other nations have embraced mixed-income development sfrafegies to a greafer extent than the Unifed Sfates and are building an evidence base fhaf can be useful fo the U,S. Mixed-income housing sfrafegies and neighborhood diversification are explicit policy goals in countries such as the Netherlands, fhe Unifed Kingdom, France, Germany, Sweden, and Finland. (7) Turbov, Mindy, and Valerie Piper. 2005. NAPE V! and Mixed-Finance Redevelopments: A Catalyst for Neighborhood Renewal. Washington, DC: Brookings institution. (2) Bipartisan Millennial Housing Commission. 2002. Meeting Our Nation's Housing Challenges: Report of fhe 8iparfisan Mi!lennlal Nousfig Commission Appointed by fhe Congress of the Unifed States. Washington, bC. 5 Planning and Zoning Board Staff Report, Meeting of September 21, 2009 Village at Delray -Conditional Use Request (3} Andersson, Roger, and Musterd, Sako. 2005. Socia! Mix and Social Perspectives in Postwar Noosing Esfafes. !n Restructuring Large Noosing Estates in Europe, ed. Ronald van Kempen, Karim Dekker, Stephen Hall, and Ivan Tosics, 127-48. Bristol, England: Policy. (4} Berube, Alan. 2005. Mixed Communities in England: A U. S. Perspective on Evidence and Policy Prospects. York, England: Joseph Rowntree Foundation. The proposed Village at Delray development will not further the goals of Future Land Use Element Policy C-1.7 by only replacing the previous 92 units of deteriorated housing with a new 192-unit residential development (17.4 units per acre} that does not contemplate amixed- income community. The proposal does not provide for market rate units in the housing mix. The 192 residential units will include 15 workforce housing rental units and 177 affordable rental units. All units will be targeted to incomes at or below 6a% AMI. The applicant has argued that the workforce units and affordable units proposed will not look any different than any market rate residential unit. But, it is not enough that the outside (shell) or inside of the unit look like a market rate unit. As noted above, in order to reduce crime, improve the quality of life for low income families, and achieve a beneficial social and economic integration, units must be occupied by residents of different income levels. The City of Delray Beach has been successful in achieving diversity. Now it is also important to be successful in achieving a socially integrated mixed income community where equal opportunities for services, social interaction, upward social mobility, quality recreational areas, and safety can be available regardless of income level. Based upon the above, positive finding cannot be made with respect to Future Land Use Element Policy C-1.7, and thus, the proposed development is not in accordance with the provisions of the Redevelopment Plan, and will not fulfill the goals and objectives of the Southwest Area Neighborhood Redevelopment Plan. Housing Objective A-11: To assist residents of the City in maintaining and enhancing their neighborhood, the City, through public input and notification, shall take steps to ensure that modifications in and around the neighborhood do not lead to its decline, such as those described in the following policies. Housing Policy A-11.3: In evaluating proposals for new development or redevelopment, the City shall consider the effect that the proposal will have on the stabili of nearby neighborhoods. Factors such as noise, odors, dust, traffic volumes and circulation patterns shall be reviewed in terms of their potential to negatively impact the safety, habitability and stability of residential areas. If it is determined that a proposed development will result in a degradation of any neighborhood, the project shall be modified accordingly or denied. Housing 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 housin needs of all residents.., As noted above, the Southwest Area Neighborhood Redevelopment Plan recommends that redevelopment in sub-area #3 be implemented by incorporating amixed-income development. The proposed development excludes market rate units as part of the housing mix. An intensification of low income housing in this area will have a negative impact on this development as well as on the marketability of the recently approved development located to the south {Village Square) and any future developments in the area. The proposed project will not assist residents of the Carver Estates area in maintaining and enhancing their neighborhood 6 Planning and Zoning Board Staff Report, Mee#ing of September 21, 2009 Village at l7elray -Conditional Use Request environment. In fact, the proposed project will perpetuate poverty and will be an impediment to social integration of different income levels that would likely result in a better quality of life for all residents. The lack of amixed-income pattern of development would also affect the ability of residents to experience a better quality of life and lower crime rate. Since safety, habitability and stability of the neighborhood and surrounding areas would be negatively impacted, the project shall be either modified accordingly or denied. Based upon the above, positive finding cannot be made with respect to Housing Objective A-11, Housing Policy A-11.3, and Housing Objective B- 2. PERFORMANCE STANDARDS FOR DENSITY INCREASE: LDR Section 4.4.6 RM Zone District: Pursuant to LDR Section 4.4.6(A) Purpose and Intent: The Medium Density Residential {RM) District provides a residential zoning district with flexible densities having a base of six (6) units per acre and a maximum of twelve {12) units per acre, except within the Carver Estate Overlay District and the Southwest Neighborhood Overlay District where the maximum density is 24 dwelling units per acre. The actual density of a particular RM development is based upon its ability to achieve certain performance standards which are intended to mitigate the impacts of the increased density and ensure that the project is compatible with surrounding land uses. Within the Southwest Neighborhood Overlay District, the Southwest 10th Street Overlay District, and the Carver Estates Overlay District, the actual density is also based upon the development's ability to comply with Article 4.7 {FamilylWorkforce Housing). Further, the Medium Density Residential District provides for implementation of those objectives and policies contained within the Housing Element of the Comprehensive Plan which call for accommodating a variety of housing types. LDR Section 4.4.6(1] Performance Standards: 1) Pursuant to LDR Section 4.4.6({){1) These standards shall apply to all site plans approved subsequent to October 7, 1997, and for modifications to existing developments which involve the creation of additional residential units. In order to increase a project density beyond six {6) units per acre, the approving body must make a finding that the development substantially complies with the performance standards listed in this section. The intent of the standards is to mitigate the impacts of the additional density both internal and external to the site. The extent to which a project meets the standards will determine the number of units per acre that will be permitted. For example, if a project meets or exceeds all of the standards, and is otherwise consistent with applicable standards and policies of the City's Comprehensive Plan and Land Development Regulations, the maximum density is permitted. Projects which only partially achieve these standards will be permitted a correspondingly lower density. 2) In addition to the above, LDR Section 4.4.6{I){2), it is acknowledged that some of the above referenced standards may not be entirely applicable to small, infill type residential projects. For those types of projects, the ultimate density should be based upon the attainment of those standards, which are applicable, as well as the development's ability to meet or exceed other minimum code requirements. The performance standards are as follows: 7 Planning and Zoning Board Staff Report, Meeting of September 21, 2009 Village at Delray -Conditional Use Request (a) The traffic circulation system !s designed to contro! speed and reduce volumes on fhe inferior and exferlor street network. This can be accomplished through fhe use of fraffic calming devices; sfreef networks consisting of loops and short segments; multiple enfrances and exifs info fhe development; and similar measures fhaf are intended To minimize Through fraffr'c and keep speeds within fhe developmenf at or below 20 m.p.h. The four (4) rental apartment buildings which contain the workforce and affordable housing units have been oriented to front on three centrally located open field recreational areas and the proposed internal street system and the parking areas. This type of design generates a traffic circulation that tends to concentrate high volumes of traffic in the interior of the development. It would have been more appropriate to keep the buildings oriented towards the centrally located open field recreational areas with a street network consisting of a loop road that feeds the parking areas along the periphery of the site rather than intemal to the development. This type of development would negate the need for relief for parking identified below. The fact that the proposed development has only one entrancelexit access driveway means that through traffic tends to concentrate more and increase intemal traffic flows. To reduce speed and increase the element of safety, 5' wide decorative raised paver crosswalks have been provided along the internal street system. These proposed traffic calming measures should be an adequate means to control speed at or below 20 mph. in both directions along the interior street system. The internal street network system basically consists of a road with enough space to allow for vehicles to be parked on either side. However, pursuant to LDR Section 4.6.9(D)(2}, access that allows a vehicle to enter and exit the parking area onto a street in a forward manner shall be provided, except when the street is a private street within a planned development and the street, at the location of the parking, has less than 200 ADT. The proposed street, exceeds the 200 ADT threshold required in several areas, while the parking areas do not provide adequate maneuvering for vehicles to enter and exit in a forward manner. Thus, a waiver to this LDR requirement has been requested. Based on the above, it appears that positive finding cannot be made with respect to performance standard (a). (bJ Buildings are placed throughout fhe developmenf in a manner fhaf reduces The overall massing, and provides a feeling of open space, The development proposal includes the construction of 192-units within four (4} three-story buildings which will contain a mix of one, two and three-bedroom units, The buildings in the central area of the site have been located around three neo-traditional "Village Green areas". It is important to note that as an alternative to straight buildings, the proposed buildings have been designed in an "L-shape". These "L-shape" buildings provide visual relief, openness to attractive inner green areas, and framed semi-private outdoor spaces. Despite the unusual configuration of the lot, the proposed three-story buildings have been placed on the site in a manner that maximizes the view of walkways and open spaces. Volumetrically, the buildings are staggered and provide variation in the front and rear elevations as well as different roof plane changes which add visual interest to the roof line and the screetscape. The presence of the "village green areas" around the buildings will help soften the perception of massing of the development. Thus, the proposed development does comply with this performance standard. (c) Where immediately adjacenf to residential zoning districts having a lower density, building setbacks and landscape materials along Those adjacent property 8 Planning and Zoning Board Staff Report, Meeting of September 21, 2009 Village at Delray -Conditional Use Request lines are increased beyond the required minimums in order fo provide a meaningful buffer fo fhose lower density areas. Building setbacks are Increased by of least 25% of the required minimum; at least one #ree per 30 linear fee# (or frac#ion fhereofJ is provided; frees exceed the required height at time of planting by 25% or more; and a hedge, wall or fence is provided as a visual buffer between the properties. The surrounding residential zoning designation to the north and south is the same as the subject property, RM (Multiple Family Residential -- Medium Density) allowing up to a maximum of 24 units per acre in the Carver Estates Overlay District to the south and 18 units per acre in the infill workforce housing area to the north. To the south is the Village Square development approved at 18.04 units per acre by the Site Plan Review and Appearance Board (SPRAB) at its meeting of November 28, 2007; north is the balance of the Auburn Trace residential development; to the east, the proposed development faces a portion of the Delray Beach Cemetery, and to the west is a retention area, Catherine Strong Park, and the proposed Head Start building site. Thus, the proposed development is not adjacent to any residential zoning districts having a lower density and therefore required setbacks do not have to be increased by 25°/fl. A 6' high decorative precast wall along a portion of the west, north, south, and east sides of the property has been provided to visually buffer this site from the adjacent developments. Landscaping is proposed along the 6' high precast waq; this landscape buffer includes relocated Sabal Palm trees, Cedar trees, Laurel Oak Trees, and Yellow Geiger Trees (planted 30' on center}, with under planting of Cocoplum hedge. Thus, the proposed development complies with this performance standard. (d) The developmen# offers a varied stree#scape and building design. For example, setbacks are staggered and offse#, with varying roof heights (for mul#i-family buildings, the planes of the facades are offset to add inferesf and distinguish individual uni#s). Building elevations incorporate dr""versify in window and door shapes and locations; fea#ures such as balconies, arches, porches, courtyards; and design elements such as shutters, window mullions, quoins, decorative tiles, etc. The proposed streetscape incorporates building offsets as well as variations in the roofline. The roofline is a combination of gable and hip roofs. Diversity among the windows will be accomplished with the provision of three (3) different windows shapes. The front elevations of the buildings provide the entries to individual apartment units via a breeze way that allows access at the rear of the building. In addition, a clock tower at the clubhouse provides a visual monument and creates an identity for the community. Collectively, these details provide the rental occupants an ability to identify with their community, which foster feelings of "ownership". The architectural elevations include many features and design elements, such as: crimp grey metal roofs, decorative shutters (painted blue and dark brown), balconies with anodized aluminum railings, aluminum French doors, decorative wall mounted light fixtures, score lines and light stucco texture finishes for the lower floor, smooth stucco banding around the windows, and decorative brackets and outriggers. All four (4) rental condominium buildings have 3-story high roof lines. The proposed buildings will have light texture color stucco finishes. The proposed architectural style ("Island Colonial", New Urbanism style), with six different colors (white, light yellow, light green, coral island, blue, and dark brown) to distinguish group of apartments and portions of the building, will create the visually attractive streetscape and varying building designs required by this performance standard. 9 Planning and Zoning Board Staff Report, Meeting of September 21, 2009 Village at Delray -Conditional Use Request (e) A number of different unif fypes, sizes and floor plans are available within fhe developmenf in order fo accommodafe households of various ages and sizes. Multi- family housing will of a minimum have a mix of one, fwo and fhree bedroom unifs wi#h varying floor plans. Single family housing (attached and de#ached) will a# a minimum offer a mix of fhree and four bedroom unifs wifh varying floor plans. The project provides one, two, and three-bedroom rental units. The three-bedroom units will have 1,250 square feet; the two-bedroom units will measure 900 and 955 square feet with two different floor plans; and the one bedroom unit will feature 705 square feet. Variety has been provided in terms of the size of the units to accommodate households of various sizes and ages and partially in terms of different floor plan designs. While there are two different floor plan designs provided for the two bedroom units, there is only one floor plan available for the one and three bedroom units. It is noted that greater variety of floor plan designs for the one, two, and three bedroom units is required to meet this performance standard, and thus, this is attached as a condition of approval. The community also offers an extensive amenity package including, a 6,500 square foot clubhouse with a kitchen adjacent to a multipurpose room where various social programs will be offered. Based upon the above, this standard has been partially accommodated. {f) The developmenf is designed fo preserve and enhance exisfing natural areas and/or wafer bodies. Where no such areas exisf, new areas, which provide open space and native habitat, are created and incorporated info the project. This is a redevelopment project. Since the site has already been disturbed, no natural areas exist on site to be preserved. The centrally located "Village Green areas" provide for both active and passive recreation. These open field recreational areas have been appropriately located to provide recreation for different age groups and serve as a gathering place for the residents to interact socially. Also, the open fields could be used as a soccer field and basketball courts. Sport activities are imperative to keep young adolescents and teenagers away from drugs, vandalism, and criminal behavior. The open fields will become the core of the development; will make it more visually attractive; develop a sense of community; and facilitate control and supervision of parents over the teenage population. Community safety will be increased with the "eyes on the street" concept as a result of the location of the proposed open fields. Walkways are being proposed that connect each building. The way these walkways have been accommodated wiH allow pedestrians to walk through the recreational field areas to get to the Club House of the development. This will provide pedestrian safety by separating pedestrian from vehicular traffic flow. It is noted, that the open field areas should be provided with active recreational equipment, such as basketball courts, soccer goals and nets, volleyball nets and bleacherslseating areas, along with appropriate lighting and trash receptacles. This is attached as condition of approval. Based upon the above, this standard has been accommodated. (g) The project provides a convenient and extensive bicyclelpedestrian network, and access to available transit The development provides adequate bicycle parking facilities and a pedestrian walkway system that links each building to the public sidewalk system and the available mass transit system. A 5 foot wide sidewalk will meander through the development. The way this sidewalk system has been designed will allow the pedestrians to walk through "village 10 Planning and Zoning l3aard Staff Report, Meeting of September 21, 2009 Village at Qelray - Candifianal Use Request green areas" to get to the Club House or the bus shelter which preserves safety and avoids conflict by separating two traffic flows, pedestrian and vehicle. Based upon the above, this standard has been accommodated. Based on the above, positive findings can be made with respect to performance standards (b), (c), (d), (f}, and (g). Performance standard (e} has been partially accommodated while performance standard (a) has not been accommodated. Therefore, most of the performance standard requirements of the RM zoning district have been adequately addressed (except performance standard (a) to support the proposed increase density. WORKFORCE HOUSING STANDARDS FOR DENSITY INCREASE: Section 4.7.1 "Definitions" (f} Densi Bonus Program -The Density Bonus program is an incentive program intended to encourage developers to build affordable owner-occupied and rental housing within the City of Delray Beach, The concept is that for every workforce housing unit that a developer builds, a calculated number of market rate units greater than would be allowed otherwise may be built. Section 4.7.4 Density Bonus Program for the Southwest Neighborhood Overlay District. Carver Estates Overlay District and the Infill Workforce Housing Area Developers of property in the Southwest Neighborhood Overlay District, the Carver Estates Overlay District and the Infill Workforce Housing Area, that meet the minimum standards will earn bonus units for building workforce housing for very low, low and moderate income families. a. The size of the bonus varies based on several factors including: Affordability (i.e., homes affordable to very low, low, or moderate income families) Home Size (i.e., workforce housing units with four or more bedrooms are awarded larger bonuses) iii. Ownership versus Rental (i.e., larger bonuses are awarded for workforce housing units offered for sale to low and very-low income families and larger bonuses are awarded for ownership versus rental units.) b. To be eligible for bonus units, developers must meet one or more of the following criteria: A designated number of the total units are restricted to very low income households, and/or A designated number of the total units are restricted to low income households, andlor 11 Planning and Zoning Board S#aff Report, Meeting of Sepfember 21, 2009 Village at Delray -Conditional Use Request iii. A designated number of the units are restricted to moderate income households c. Workforce housing units may be located off-site provided the off-site location chosen is within the City of Delray Beach. d. The bonus allowances are set forth in Table 1 below. TABLE 1 DENSITY BONUS ALLOCATIONS IN THE SOUTHWEST NEIGHBORHOOD OVERLAY DISTRICT, THE IN~'ILL WORKFORCE HOUSING AREA AND THE CARVER ESTATES OVERLAY DISTRICT OPTION SALE 1 RENT VERY L.OW 60% L.OW 80% - 61 MODERATE 120% _81 NUMBER OF BONUS UNITS PER WORKFORCE UNIT PROVIDED 4 3 2 LARGE HOME OPTION 4+ bedroom workforce housing units Additional 0.5 bonus will be added to the bonus provided above in this chart There are 192 dwelling units proposed within the subject property (11.03 acres). This equates to an overall density of 17.4 dwelling units per acre {192 units 1 11.03 acres = 17.40 dulac). The density allowed is 12 dulac which equates to a total of 132 residential units (11.03 acres x 12 dulac = 132 units). The applicant is requesting an increase of &0 units above the 132 units allowed (192 - 132 = 60 units). To support the increased density, 15 very low workforce units are needed {60 units 1 4 bonus per workforce unit provided = 15). Therefore, to obtain the increase density requested, at least 15 units must be workforce housing units within the very low 60% income bracket. The applicant has indicated that 15 units of the 192 residential units proposed will be rental workforce housing units for the very low income families. It is noted that out the 192 units proposed, none will be market rate rental units, 15 will be workforce housing units {very low at or below 60% AMl), and thus, the remaining 177 units will be affordable rental units far households at or below the 60% affordability level of the Palm Beach County median income. Out of the 15 workforce housing units proposed, 1 will be a one bedroom unit, 7 units will be two bedroom units, and 7 more will be three bedroom units. Although 15 workforce housing units have been provided, it is noted that bonus units under the Density Bonus Program, pursuant to the definition in Section 4.7.1(f), are to be market-rate units, (not additional affordablelworkforce units). In fact, the entire workforce housing ordinance is based on a mix of market rate and workforce housing units. The program does not support density bonuses for projects which do not include a mix of market-rate and workforce housing. Since the project, as proposed, does not include any market-rate units, the increase in density, based on Density Bonus Program, cannot be granted. 12 Planning and Zoning Board Staff Report, Meeting of September 21, 2009 Village at Qelray -Conditional Use Request Resale and Subseauent Rentals of Affordable Units Pursuant to LDR Section 4.7.8, to maintain the availability of workforce housing units which may be constructed pursuant to the requirements of this program, numerous restrictions have been put into place on the rental or resale of workforce housing. A condition of approval is attached that the terms of resale or subsequent rentals of affordable units, pursuant to LDR Section 4.7.8, be included in the deed or restrictive covenant and recorded in the Public Records of Palm Beach County. Workforce Housing General Provisions Maximum One Bedroom Units; Pursuant to LDR Section 4.7.9(c)(i), the total number of one bedroom units in any qualifying project shall not exceed 30% of the total number of units in the project, including both familylworkforce units and market-rate units. The development proposal consists of 18 one bedroom units or 9.37% of the 192 total number units, and thus, this LDR requirement has been met. Ratio: Per LDR Section 4.7.9(c)(i) through (iii), the proportion of one, two, and three bedroom workforce units to total workforce units cannot exceed the corresponding number of one, two, and three bedroom market rate units to total market rate units. c. The developer shall endeavor to provide workforce housing units that include unit types in the same proportion as the market rate housing unit types. The following conditions must be met: The proportion of 1 bedroom workforce units to total workforce units may not exceed the proportion of 1 bedroom market rate units to total market rate units. ii. The proportion of 2 bedroom workforce units to total workforce units may not exceed the proportion of 2 bedroom market rate units to total market rate units. iii. The proportion of 3 bedroom workforce units to total workforce units must meet or exceed the proportion of 3 bedroom market rate units to total market rate units, unless 4+~ bedroom workforce units are provided. The Workforce Housing Program allows density increases based on a mix of market-rate and workforce housing units. LDR Section 4.7.9(c)(i) through (iii) requires that the proportions of 1, 2 and 3 bedroom workforce units to total workforce units not exceed the corresponding number of one, two, and three bedroom market rate units to total market rate units. As noted earlier, the project does not include any market-rate units. Therefore, under the current proposal, compliance with this section has not been met. 13 Planning and Zoning Board Staff Report, Meeting of September 21, 2009 Village at Delray -Conditional Use Request Covenants Enforcement: Pursuant to LDR Section 4.7.9(g), the City of Delray Beach, its successors and assigns may enforce the covenants relating to the workforce units. No amendments to the covenants shall be made unless by written instrument approved by the City; this is attached as a condition of approval. Review and Approval Process: Pursuant to LDR Section 4.7.10(a}, final conditions of approval shall specify that the restricted units are priced andlor rented to the eligible income group. A condition of approval is attached that requires the coordination to the Community Improvement Department on renter or buyer eligibility and housing prices for the workforce units. LDR SECTION 2.4.5 E] -REQUIRED FINDINGS: Pursuant to LDR Section 2.4.5(E} (5], 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 Southwest Area Redevelopment Plan calls for the provision of a mix of incomes with a strong base of affordable housing units and a mixture of multi family housing (apartmentsltownhomes). The proposed development provides more than a base of affordable housing. It provides a greater concentration of low income housing units than currently exists and fails to provide amixed-income component within the development. Concentrations of this type will be deterrent to future investment in adjacent properties, and thus, it will hinder development or redevelopment of nearby properties Mixed-income communities exhibit greater degree of collective efficiency in management. Mixed-income development appears to be a sound urban planning tool that can improve the quality of life for low-income families. Mixed-income developments appear to have lower crime rates, cleaner more visually attractive public spaces, which in-turn appears to attract more local investment activity than those predominantly low-income neighborhoods which have a tendency to concentrate poverty. The proposed Village at Delray development does not provide for market rate units in the housing mix. The 192 residential units will include 15 workforce housing renta[ units and 177 affordable rental units. All units will be targeted to incomes at or below 60% AMI. The applicant has argued that the workforce units and affordable units proposed will not look any different than any market rate residential unit, But it is not enough that the outside (shelf) or inside of the unit make look like a market rate unit. As noted above, in order to reduce crime, improve the quality of life for low income families, and achieve a beneficial social and economic integration, units must be occupied by residents of different income levels. Based on the above, the proposed development will have a significant detrimental effect upon the stability of the surrounding neighborhoods. Positive findings cannot be made with respect to LDR Section 2.4.5(E) (5) far the conditional use request to support an increase in density to 17.4 dwelling units per acre. 14 Planning and Zoning Board Staff Report, Meeting of September 21, 2009 Ullage at Delray -Conditional Use Request COMPLIANCE WITH LAND DEVELOPMENT REGULATIONS: In conjunction with the Conditional Use request a sketch plan was submitted which staff has reviewed. It is noted that the conceptual plan is insufficient to conduct a complete analysis of the Land Development Regulations. If the Conditional Use is approved, a full site plan submittal complying with LDR Section 2.4.3 will be required. Based upon staff s review of the sketch plan and site inspections, the following analysis is provided. Southwest Neighborhood Overlay District, Carver Estates Overlay Districts and Infill Workforce Housin Area Develo ment Standards: Pursuant to LDR Section 4.4.6(F)(3)(a), within the Carver Estates Overlay District, the following development standards apply to duplex and multi-family development (non townhouse buildings) which are being developed pursuant to the FamilylWorkforce Housing Ordinance: Minimum Building Setbacks (perimeter). Setback Location `Required Prov~cied Front (Auburn Avenue) 15'0" 40'-11" Side Interior (south property line) 15'0" 18'-0" Side Interior (north property line) 15'0" 15'-7" Rear (east property line) 10'0" 16'-11" As noted above, the proposed development meets or exceeds the perimeter setback requirements for all buildings and proposed structures. LDR Section 4.3.4 K Develo ment Standards Matrix: The following table indicates that the proposal complies with LDR Section 4.3.4(x) as it perkains to the Medium Density Residential (RM) zone district: __ Re aired l'rovidecf __ __ -- Miriimurn Floor Area One Bedroom Unit 600 sq. ft. 705 sq. ft. Two Bedroom Unit 900 sq. ft. 900 to 955 sq. ft. _ Three Bedroom Unit 1,250 sq. ft. 1,250 sq. ft. Maximurr~r Lot Coverage 40°~ 17.44% Minimum Open Space 25% 42.54% The table above indicates that the proposal complies with LDR Section 4.3.4{K) as it pertains to the Medium Density Residential (RM) zone district. The project provides one, two, and three- bedroom rental units. The three-bedroom units will have 1,250 square feet; the two-bedroom units will measure 900 and 955 square feet for two different floor plans; and the one bedroom unit will feature 705 square feet. Additional variety is required in terms of floor plan design and size of the units. This has been included as a condition of approval. Recreational Amenities: Pursuant to LDR Section 4.4.6(H){3), recreational areas shall be required for all new rental apartment developments; and of owner-occupied developments, which have homeowner associations that must care for retention areas, private streets, or common areas. New 15 Planning and Zoning Board Staff Report, Meeting of September 21, 2009 Village at Delray -Conditional Use Request developments must include recreational features that are designed to accommodate activities for children and youth of all age ranges, Tot lots are appropriate for toddlers; features such as a basketball court, volleyball court, and open playfields are appropriate for older children. A pool and clubhouse, unless specifically designed for children, is not considered to meet this requirement. Projects having fewer than 25 units may be exempted from this standard, where it is determined by the approving body that it is not practical or feasible to comply. The Southwest Area Neighbofiood Redevelopment Plan calls for the implementation of recreational facilities throughout the area where it is appropriate. The project is located in an urban environment and it is located approximately 30 yards east of Catherine Strong Park and approximately a mile south of Pompey Park. Recreational opportunities for older children such as the community center and tennis center are located approximately a mile away from the proposed development. However, hours and capacities (Catherine Strong Park, Boys and Girls Club} are limited for these facilities and additional on-site recreational opportunities are appropriate. In addition, the proposed development has included a swimming pool, multiple purpose gathering room, BBQ pavilion area, picnic tables, and a tot lot appropriate for toddlers. It is also noted that the development includes open field recreational areas AKA "Village Green areas" which have been centrally located and will easily provide a gathering place for the residents to interact socially. However, such open fields should be used for soccer fields and basketball courts, and thus, should be provided with active recreational equipment, such as basketball courts, soccer goals and nets, volleyball nets and bleachers/seating areas, along with appropriate lighting and trash receptacles. This is attached as a condition of approval. Sport activities are imperative to keep young adolescents and teenagers away from drugs, vandalism, and criminal behavior. The open fields will now be the core of the development, making it more visually attractive, with a vibrant community sense of living, and will facilitate control and supervision of parents over the teenage population. Community safety will be increased with the "eyes on the street" concept as a result of the relocation of the proposed open fields Based upon the above, compliance with this code requirement has been achieved. Parking Requirements: Pursuant to LDR Section 4.6.9(C)(2}(c}, the parking requirements for one, two and greater bedroom dwelling units within multiple-family structures are required as follows: Efficient dwellin unit 1.0 spacelunit One bedroom dwellin unit 1.5 spaceslunit Two or more bedroom dwellin unit 2.0 spaceslunit Guest arkin shall be rovided cumulative) as follows: -first 20 units 0.50 s aceslunit - for units 21-50 0.30 s aceslunit - for units 51 and above 0.20 s aceslunit Thus, the one hundred ninety two (192} unit residential development is required to provide four hundred twenty (420} total parking spaces and 432 parking spaces are being proposed. This equates to a surplus of 12 parking spaces, and thus, this LDR requirement has been met. 16 Planning and Zoning Board Staff Report, Meeting of September 21, 2009 Village at Delray -Conditional Use Request Waiver Request: Pursuant to LDR Section 4,6.9(D)(2), access that allows a vehicle to enter and exit the parking area onto a street in a forward manner shall be provided, except when the street is a private street within a planned development and the street, at the location of the parking, has less than 200 ADT. The proposed street, exceeds the 200 ADT threshold required in several areas, while the parking areas do not provide adequate maneuvering for vehicles to enter and exit in a forward manner. Back out parking is proposed in several areas into drive isles which exceed the 200 ADT threshold and Therefore a waiver to this LDR requirement is being requested. 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 for the waiver request: "Even though our site plan exceeds the 200 ADT threshold, the back-out spaces meet every other LDR requirement while providing for a superior product. The apartment buildings affected by this Section of the LDR are townhouse type in character. The actual form of ownership of the units should not affect the requirement concerning the ingress or egress of the buildings. !t is also noted That short parking segments are provided along each apartment building and two streets provide access to the buildings which mitigate any impacts. The access provided conforms with the minimum aisle standard requirements, and thus, safety is not a concern." The statement that those units are townhouse type in character {and therefore the requirement would not apply) is inaccurate. However, it is noted that short parking segments are proposed along each building and the parking lot is looped to provide multiple points of access to the buildings which mitigate the impact of the approximately 336 trips per segment. Compliance with this requirement would require redesign of the development and the elimination of the "open field" recreational areas which are also being proposed as a gathering, social contact area for residents. The provision of these recreational spaces is a priority and it might be jeopardized if an alternative parking solution is designed. A balance should be kept between the LDR requirement and the increase in quality of life that will be provided by the active recreation area. The granting of this waiver will not create an unsafe situation, significantly diminish the provision of public facilities, or adversely affect the neighboring area. The granting of this waiver will 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. Based on the above, positive findings can be made with respect LDR Section 2.4.7 {B)(5} to support the waiver request. 17 Planning and Zoning Board Staff Report, Meeting of September 21, 2009 Village at Defray -Conditional Use Request Handicapped Accessible Parking; Pursuant to LDR Section 4.6.9(C) (1} (b), special parking spaces designed for use by the handicapped shall be provided pursuant to the provisions of Florida Accessibility Code for Building Construction. Accessibility for residential structures is covered by the Federal Fair Housing Act. Pursuant to this act, two percent (2%} of the parking spaces serving the development must be handicapped accessible and accessible visitor spaces should be provided at a rate in accordance with the local code. Based upon the 432 parking spaces provided, a minimum of nine (9} parking spaces must be handicap accessible. The proposed development has included a total of 12, and thus, this LDR requirement has been met. Other Items: Bus Shelter: Pursuant to Transportation Element Policy A-1.5: New residential projects over 25 units and nonresidential projects over 10,Ofl0 square feet adjacent to existing or future Palm Tran bus stops shall provide an easement and install acity-approved bus shelter on site. If the project is not adjacent to a bus stop, or a bus shelter already exist, a contribution shall be made to the City in-lieu of providing the bus shelter on site. acrd a bus shelter is currently proposed. The applicant emphasizes extensive utilization of the bus system and a Palm Tran bus stop and bus shelter easement has been provided along the east side of Auburn Avenue and has been depicted on the site plan. The City will provide the standard detail for the construction of the bus shelter. Installation of this approved bus shelter is attached as condition of approval. Refuse Enclosure: Pursuant to LDR Section 4.6.6(C) (1), dumpsters, recycling containers and similar service areas must be enclosed on three sides with vision obscuring gates on the fourth side, unless such areas are not visible from any adjacent public right-of-way. The development proposal includes a trash compactor located at the northwest corner of the site which will serve the residential units. The trash compactor area has been properly screened with an 8 foot high wall, and thus, this LDR requirement has been met. However, a condition of approval is attached that a letter from the Solid Waste Authority be provided indicating that the proposed trash compactor will be sufficient to serve the proposed development. Stacking Distance: Pursuant to LDR Section 4.6.9(D} (3} (c} (2}, provisions must be made to provide for 10fl' of clear stacking in advance of all guardhouses or security gates. A guard house is proposed at the main entrance to the development along Auburn Avenue and a clear stacking distance of 224' has been provided. Thus, this LDR requirement has been met. Lighting: Pursuant to LDR 4.6.8 (Lighting), site lighting must be provided. A site lighting and photometric plan has been provided to ensure compliance with LDR Section 4.6.8. Ninety (9fl) luminaries have been provided along the interior street system, parking lots, and recreational areas. Additional wall mounted fixtures are depicted on the buildings. Details of the wall mounted light fixtures have been provided, and thus, this LDR requirement has been met. Conflict with landscape material must be minimized and will be reviewed during the site plan approval 18 Planning and Zoning Board Staff Report, Meeting of September 21, 2009 Village at Delray -Conditional Use Request process. Appropriate lighting for the sports {i.e. basketball courts, soccer field, etc) to occur in the open field recreation areas should also be provided and this has been attached as a condition of approval. Bicycle Parking: Pursuant to LDR Section 4.6.9(C) (1) (c) and Transportation Element Policy D-2.2 of the Comprehensive Plan, bicycle parking facilities have been provided in close proximity to the poollcabana recreational area, and the tot lot. In addition there will be a 5 space bike rack located in each breezeway of the rental apartment buildings for visitors and residents. Thus, this LDR requirement has been met. Underground Utilities: Pursuant to LDR Section 6,1.8, utility facilities serving the development shall be located underground throughout the development. A note to this effect has been placed on the site plan. Visibility Triangles: Pursuant to LDR Section 4.6.14{A), when an access way intersects a public right-of-way or when the subject property abuts the intersection of two or more public rights-of-way, triangular areas shall provide unobstructed cross-visibility. Visibility triangles have been depicted on the site plan and landscape plan that meet the LDR requirements. -REVIEW BY OTHERS Communify Redevelopmenf Apency (CRA}: At its meeting of August 27, 2009, the CRA reviewed the conditional use request and recommended denial of the proposed development based on the fact that the project does not include "market rate units" within the housing mix proposed. Site Plan Review and Appearance Board: If the Conditional Use request is approved by the City Commission, a site plan application will be processed for final action by SPRAB. Courtesy Notice: Courtesy notices have been provided to the following homeowner's associations and interested parties, which have requested notice of developments in their areas: ^ Ms. Bunny Elrod ^ Mr. Nick Simeus ^ Mr. Arthur Brown, Neighborhood Advisory Council ^ Daisy Fulton, Neighborhood Advisory Council ^ Cory Cassidy, Neighborhood Advisory Council ^ Claudia Flores, Neighborhood Advisory Council ^ Pamela Williams, Neighborhood Advisory Council • Bunny Elrod, Neighborhood Advisory Council ^ Dorothy Ellington, Delray Beach Housing Authority 19 Planning and Zoning Board StafF Report, Meeting of September 21, 2009 Village at Delray _ Condifianal Use Request ^ Stephen Lampel, Neighborhood Advisory Council ^ L'Tanya Allen, Neighborhood Advisory Council ^ Bonnie Raycroft, Neighborhood Advisory Council ^ Mathew Hartley, Neighborhood Advisory Council ^ Patricia Westall, Neighborhood Advisory Council ^ Linda Leib, Neighborhood Advisory Council ^ Linda Prior, Neighborhood Advisory Council ^ Shirl Fields, Neighborhood Advisory Council ^ Joseph Kamarata, Neighborhood Advisory Council ^ Charles Stravino, Neighborhood Advisory Council ^ Zerlean Williams Joseph Gaston, Neighborhood Advisory Council ^ Ms. Patricia Wright ^ Vince Boone ^ Betty Goodman Public Notice: Formal public notice has been provided to property owners within a 500' radius of the subject property. Any letters of support or objection will be presented at the Planning and Zoning Board meeting. ;.:~ 1 -_ A55ESSMENT.ANC7 CQNCLtISIaN . Positive findings with respect to Chapter 3 cannot be made with regard to Consistency with Future Land Use Element Objective A-1 and Policy C-1.7 of the Comprehensive Plan, with respect to the need to build amixed-income neighborhood with a strong base of affordable housing units and a mixture of multi-family housing within the Southwest Area Neighborhood. No market rate units are being proposed within the housing mix, and thus, the proposed development will not fulfill the goals and objectives of the Southwest Area Neighborhood Redevelopment Plan. The proposed project is an impediment to social integration of different income levels rather than a catalyst to achieve a dynamic upwardly mobile community. The proposed project will not assist residents in maintaining and enhancing their neighborhood environment. Thus, positive findings also cannot be made with respect to consistency with Housing Objective A-11, Housing Policy A-11.3 and Housing Objective B-2. Pursuant to Section 2.4.5(E) (5} of the Land Development Regulations, with respect to the Conditional Use Request for an increase in density, positive findings cannot be made due to the project's detrimental impact on the stability of the surrounding neighborhoods and deterrent to future investment in adjacent properties. The proposed development represents 17.4 units per acre. Although the development proposal partially meets the performance standards as listed in LDR Section 4.4.6(1) to support the proposed increase in density to 17.4 dulac, the density increases cannot be supported due to inconsistency with Article 4.7. FamilylWorkforce Housing, which requires a mix of market-rate and workforce housing units Given the above, positive findings cannot be made with and staff is recommending denial of the Conditional Use request. 20 Planning and Zoning Board Staff Repart, Meeting of September 21, 2449 Village at Delray - Conditional Use Requesk The development proposal includes a waiver request to LDR Section 4.6.9 {D) {2) that requires that vehicles may enter and exit parking areas in a forward manner on travel ways exceeding 240 ADT. The waiver request can be supported. _ `ALTERNATLUE AGT(gNS ~ - A. Postpone with direction. B. Move a recommendation of approval to the City Commission for waiver related to back out parking [LDR Section 4.6.9 (D)(2)], and the conditional use request to allow for a density of 17.4 dwelling units per acre for Village at Delray, 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{E)(5), 4.4.6{I) [Performance Standards], Article 4.7 [FamilylWorkforce Housing] and Chapter 3 of the Land Development Regulations. C. Move a recommendation of denial to the City Commission for the waiver related to back out parking [LDR Section 4.6.9 (D)(2)], and the conditional use request to allow for a density of 17.4 dwelling units per acre for Vil{age at Delray, by adopting the findings of fact and law contained in the staff repork, and finding that the request is inconsistent with the Comprehensive Plan and does not meet criteria set forth in Section 2.4.5{E)(5), Article 4.7 [FamilylWorkforce Housing] and Chapter 3 of the Land Development Regulations. -- - a~ m~RECQMMENaED ACTION _- - _ _-m, By Separate Motions: Waiver: Move a recommendation of approval to the City Commission of the request for waiver to LDR Section 4.6.9 {D) {2) to waive the requirement that parking spaces enter and exit a forward manner on travel ways exceeding 200ADT, by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets criteria set forth in Section 2,4.7{B) {5) of the Land Development Regulations. Condtfoona! Use: Move a recommendation of denial to the City Commission for the conditional use request to allow for a density of 17.4 dwelling units per acre for Village at Delray, by adopting the findings of fact and law contained in the staff report, and finding that the request is inconsistent with the Comprehensive Plan (in parkicular Future Land Use Element Objective A-1 and Policy C-1.7, and Housing Element Objective A-11, Objective B-1 and Policy A-11.3), and does not meet criteria set forth in Section 2.4.5(E){5), Article 4.7 [FamilylWorkforce Housing], and Chapter 3 of the Land Development Regulations Staff Recommendation: A recommendation of denial is proposed given the following: Construction of the Village at Delray on this properky is in conflict with Comprehensive Plan Future Land Use Element Policy C-1.7. The proposed development wily not fulfill 21 Planning and Zoning Board Staff Report, Meeting of September 21, 2009 Village at Delray -Conditional Use Request the goals and objectives of the Southwest Area Neighborhood Redevelopment Plan with respect to the provision of amixed-income residential development. The intent of the Southwest Area Neighborhood Redevelopment Plan is to facilitate the redevelopment of the Carver Estates area with amixed-income community which would include workforce housing units and market rate units. • No market rate units are being proposed within the housing mix. The proposed project, as conceived, would be an impediment to social integration of different income levels rather than a catalyst to achieve a diverse dynamic upwardly mobile social community. Thus, the proposal, as conceived, is in conflict with the Comprehensive Plan Housing Objective A-11, Housing Policy A-11.3, and Housing Objective B-2. Because no market rate units are being proposed in the housing mix, the proposed project does not comply with Article 4.7 :FamilylWorkforce Housing", of the Land Development Regulations. • Pursuant to Section 2.4.5{E) {5) of the Land Development Regulations, with respect to the Conditional Use Request for an increase in density, positive findings cannot be made due to the project's detrimental impact on the stability of the surrounding neighborhoods and deterrent to future investment in adjacent properties. In the event the Planning and Zoning Board chooses to support the conditional use staff suggests that the following motion be adopted: Conditional Use: Move a recommendation of approval to the City Commission for the conditional use request to allow for a density of 17.4 dwelling units per acre for Village at Delray, 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(E){5), 4.4.6{I) [Performance Standards], Article 4.7 [FamilylWorkforce Housing] and Chapter 3 of the Land Development Regulations. 1. Approval of a site plan by SPRAB that is in general conformance to the submitted plan and address Exhibits "A", "B", "C" and "D", Technical Items, and conditions of approval attached in the staff report; 2. That the applicant needs to obtain and provide a drainage permit from Lake Worth Drainage District {LWDD); 3. That a bus shelter shall be installed along the east side of Auburn Avenue. The City Engineer will provide detail of the bus shelter; 4. That the workforce housing units are rented in accordance with Article 4.7; 5. That the applicant shall coordinate with the Community Improvement Department on renterlbuyer eligibility and rent and housing prices; 6. That greater variety of floor plan designs for the one, two, and three bedroom units is required; 7. That the open field areas proposed shall be provided with active recreational equipment, such as basketball courts, soccer goals and nets, volkeyball nets and bleacherslseating areas, along with appropriate lighting and trash recepfacles; 22 Planning and Zoning Board Staff Report, Meeting of September 21, 2009 Village at Delray -Conditional Use Request $. That pursuant to LDR Section 4.7.$, the terms of resale or subsequent rentals of affordable units be included in the deed or restrictive covenant and recorded in the Public Records of Palm Beach County; 9. That no amendments to the covenants shall be made unless by written instrument approved by the City; 10. That a letter from the Solid Waste Authority is provided indicating that the proposed trash compactor will be sufficient to serve the proposed development; 11. That the landscape and civil plans match up correctly. There are drainage pipes shown on the landscape plan that are trot shown on the civil plans and vice versa. There are also fire hydrants shown on the landscape plan that are in a different location than those shown on the civil plans. Update the plans so that they match 1D0°/a; and 12. That a composite utility plan be provided with the site plan application. Report prepared by: Estelio Breto, Senior Planner Attachments: • Exhibit "A» "B" "C" and "D» ^ Site Plan ^ Landscape Plan ^ Elevations • Location Map 23 Planning and zoning Board Staff Report, Meeting of September 21, 2009 Village at Delray -Conditional Use Request -- EXHIBIT ~,A„ ' ENGINEERING'-TEGIiNICAL..CQMMENTS .-: Preliminary Engineering Technical Comments: The City Engineer has not yet undertaken a full second review of the project, and thus, preliminary and final engineering technical comments are pending and will be forwarded to the applicant. 1. Phasing plan must include phasing plan of water and sewer improvements for Village of Delray, water and sewer needs to be designed to allow complete release of each phase. 2. Engineering does not have a problem with 12' easement far proposed gravity sewer {MH 2 to MH 3 to LS21A) that will be installed parallel to the proposed open space, but you will have to install up to first lift of asphalt in order to get partial Health Dept. release. And, you will have to clearly state that sewer line will be retested (televised and air tested) prior to final release and any repairs will be done at no cost to City of Delray Beach. Also, the agreement that will accompany bond for this phase will have to be written up so 1 yr. warranty does not go into effect until final paving is done over this line. 3. Proposed clubhouse and maintenance facility will have to be moved, because no proposed structures including building footings can be installed within 10' of proposed or existing water 1 sewer mains. In addition, ensure a minimum horizontal distance of 10' between existinglproposed water mains, sewer and storm fines will be provided. 4. Clearly indicate how the proposed sewer line that will provide service to the day care center will be protected during demolition of existing sewer line. City recommends shoring remains in place during demolition activities and installation of 18" +1- of flowable fill. 5. Revisit tie-in connections at day care center for water main and reduce number of proposed valves. Also, clearly indicate location of service line to day care center on applicable plans. 6. Submit stand alone plans, a complete set for each project; lift station 21A and Village at Delray 7. The landscape plans do not match civil plans, site plan also needs to be revised. 8. The landscape and civil plans do not match up correctly. There are drainage pipes shown on the landscape plan that are not shown on the civil plans and vice versa. There are also fire hydrants shown on the landscape plan that are in a different location than those shown on the civil plans. Update the plans so that they match 100%. 24 Panning and Zoning Soard Staff Report, Meeting of September 21, 2009 Village ak Delray , Condifional Use Request ExHIBIT,~B~~,' - ~.~ - . ~ CPTED TECHI~I~AL-COMMENTS -. :-: , CPTED Rerriew for: `The Village at Delray', September 10, 2009 Provided by Officer Greg Wesner, CPTED Practitioner Orrerview: The revised plans call for the new construction of several large multi-family three story buildings intended for 900% tax credit renters. This review is based upon the most recent revisions to the proposal. Presently, the project will consist of 300-400 residents; many with no defensible spaces of resident ownership. The new revisions show that the proposed locations of several buildings have been moved. This creates two large green areas in the center of the property, as originally proposed. Lighting: The positive addition of lighting in the `Bar B Q' areas between buildings 'G' and 'H' as well as `C' and `E' is still shadowed by low light issues in several other areas. The photometric study indicates that there are still large tracks of area with extremely low levels of light (less than '1' foot candle}, This will create potential ambush or hiding spots. Low foot candle levels are exacerbated by the area's history of burglaries, strong arm robberies, and narcotics sales. The `Draft' responses provided to me on September 9, 2009 indicate that lighting in the breezeways between buildings will not be controlled by the residents. However, the description of location and type is noticeably absent. Furthermore, the photometric study still does not indicate the light levels that will exist between the buildings; between the buildings and the precast cement perimeter wall. Natural Surveillance: Natural Surveillance has been enhanced with the relocation of the buildings, but it's worth noting that this issue is closely tied to fighting and landscaping. Furthermore, the visibility in the rear of the buildings would be greatly enhanced if CPTED approved steel picket fencing was installed instead of the proposed precast cement barrier style perimeter wall. Natural Surveillance would also be improved with a `Bar-B-Q' area consisting of a covered gazebo added in the large grassy area just East of the entrance. This should be done in addition to the noted recreation upgrades. Natural Access ControllSecurity: There are several issues impacting the safety and comfort of residents: Closed Circuit T.V. (CCTV} is a step in the right direction, but the absence of on-site security personnel means that CCTV will create more questions than it answers: 25 Planning and zoning Board Staff Report, Meeting of September 21, 2009 Village at Delray -Conditional Use Repuest Who will monitor the system and assist Law Enforcement personnel aaer hours when it becomes apparent that evidence was likely collected. Who will procure maintenance for the cameras when they are damaged by those attempting to avoid detection. The addition of CCTV to the location needs to be coupled with a competent on-site security contractor patrolling the interior; monitoring the entrance{s}. Furthermore, background checks and guest monitoring are not security strategies that will deal with serious issues once those two measures have been circumvented. Neutral (no parking zones or Fire Lanes should be added in the parking lot to facilitate First Responders. Loading zones would also alleviate congestion. Responding emergency vehicles will stack up if there is no room for them to park. The trash compactor was moved to the Norkh side of the entrance. This location minimizes the traffic issue near the entrance, but transfers concerns about the compactor to the patrons of the daycare center just a few feet on the other side of the fence. Summer Southeastern winds will make the rear area of the day care uninhabitable. The compactor needs to be moved to a location which provides a buffer for those nearby. This latest revision does not address pedestrian and vehicular traffic concerns at the entrance of the development. These would be rectified by an additional emergency entrance at the present 'Emergency Exit'. A ca11 box could be added to connect emergency vehicles with dispatch personnel. Sidewalks are needed to provide pedestrians with safer access to Auburn Avenue. Proposed `rumble strips' should be replaced with raised crosswalks and/or raised textured crosswalks. Strips generate noise complaints in confined neighborhoods, and rarely make vehicles slow down. Age separation in the recreation areas can be predetermined by what type of equipment is installed in a particular location. 26 Planning and Zoning Board Staff Report, Meeting of September 21, 2009 Village at Delray -Conditional Use Request -- EXHIBIT. C_, _ __.: -. _ _ _ ,LANE7SCAPE:`fECHNICAL=:COMMENTS ~ _ - ~: TO: Estelio Breto, Senior Planner FROM: Peter Anuar RE: VILLAGE AT DELRAY --CLASS IV SPM DATE: September 10, 2009 have reviewed the revised landscape plans for the above-reference project. Previous comments from 8/26/2009 are listed below with their result. 1) The Existing Tree Survey lacks a table that correlates to the existing material. It appears that each tree has a number associated with it, but is not listed in a table. The table should list each tree with a caliper of 4" or greater. List the name, specifications (including caliper), condition, proposed action and reason for removal (if applicable) for each existing tree. The Existing Tree Survey was included, but does not show a table with an exact count as to how many trees are being removed and how many are being relocated. Also, the Landscape plan needs to show the exact location for each relocated tree making sure to identify each one with its correct tree ID #. I must be able to cross- reference each relocated tree that is on the landscape plan to the tree survey. Revise plans to show this. 2) Show the City of Delray Beach multifamily landscape calculations on the specification sheet. Make sure all requirements are either met or exceeded in all categories. This item has been addressed. 3) Change the scale on the enlargement sheets. The current scale is not acceptable. Engineering scale is preferred (1" = 10'). This item has been addressed. 4) All parking rows are required to terminate with a landscape island that has a min. width of 5' exclusive of curbing and contains a min. of 75 SF of planting space. These islands are to contain a min. of one (1) 12' canopy tree. There are instances where this requirement is not met. Check all areas and address as needed. This item has not been addressed. Eliminate any engineering conflicts that are present where a tree is required or seek a waiver. 5) The parking strips between parking tiers contain very few trees that are spaced very far apart. Additional trees should be added to decrease the space between proposed trees. This item has been addressed. 27 Planning and Zoning Board Staff Report, Meeting of 5eptember2l, 2l}t}9 Village at Delray -Conditional Use Request 6) Show all light poles from photometric p{an on landscape plans. Eliminate any conflict that may arise between light pole and adjacent tree canopies. This item has been addressed. The following comment(s) have been generated as a result of changes to the original landscape plans: 1) The sodded open spaces do not contain any trees. At a minimum, multiple clusters of canopy trees should be installed along the perimeter of these open areas so as to create a more shaded environment. 2) The landscape and civil plans do not match up correctly. There are drainage pipes shown on the landscape plan that are not shown on the civil plans and rice versa. There are also fire hydrants shown on the landscape plan that are in a different location than those shown on the civil plans. Update the plans so that they match 100%. 28 Planning and Zoning Board Staff Report, Meeting of September 21, 2009 Village at Delray -Conditional Use Request - '_.E~HI OJT bi ^77,- e _ ^^_ _ __ F~AF~f~IIVG MANAGEMENT SPECfALCST'~'TECHNIGAL CQMt111f=NTS - TO: Estelio Breto, Senior Planner FROM: Scott Aronson RE: VILLAGE AT DELRAY -CLASS iV SPM DATE: September 10, 2009 have reviewed the revised the site plans for the above-reference project and the following comments have been generated: 1. The prodded parking is accurate at 432 spaces have been prodded, (420 required); 2. With regard to the ADA Compliant spaces, while there are a sufficient number of spaces prodded, their placement is less than optimal (Example: Adjacent to Bldg H, the ADA space is at the far east end of the parking tier and building). Perhaps the spaces could be relocated more centrally to the building. All ADA compliant spaces should be reviewed. 29 ° ~ , ~ - ~ C 4T1 ST. ~~~ lfJ S. 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Flit ' ' j ~ ' 1 ~~~ '~ i Ada'1~Q.L`u 8~d'T"[IA 3~ ~ R~~~ ~ 1 1~ ~ ~ . ~ ~, 4.«~ v~ s yl 4 w3 w r. ° `~ 4 `~ b, • ~ ~;~ ~F3 ~ ~ ~' ~ J ~!.; ~' 44441111 ~~ zp cp ~ p y SS .u °~ q \ , ~; _ ~ _~,_ _ .~ ~ I =• mt 'd ( ~! ~ _ t ~, ~ 1 U ~ III) I ~ -!--t ~ ti/ ~-- ., ~., $ ~L d Jy ~~~ ~ tl Y 1` P f ~ =~2!~fi5 *¢ w)) 1~ 4~ }~ Y~4~ a 4 . ~ 9~~~p ~p ?~ ~e ip ~t~~ r r 9'i _ - ~ s 1 I 1 O: 7b I U~ .y~~ ~ - rw~ ~` 1 ~-~- ~ --.~ `' ° - ~ ?_--=. ;~,, i- - S. ~ r ~ . ~= -~;r - }- -- . ~ 1 - ~ I I I ' ~~, '-_ - __ x r ~ [ ~ 1 - i I - 9 ". ~ ~ f. ~ p: I l ~'~ I ~k ~ ~ f W >a ~ =1 .~t, ~~ . i i ~'~ ` F ~h 4 iji 1 6~ ~ •9; ! ~ 6 ~i } i ~ TTe ~ s `]Till ifs~y 4~ .al,i~}ei ~ H; ,SAS.. a w_ ic& =~~9:T: ~. ~~ _._..:.~ ~~ v~ i~r~zr~-,ss ~rx ti +no+n ~ ~nvu+s~Hrc 4P~Id 't{~oa~ A[u~BQ '~NlS1~31lH~~ltl3dd~S4Nt#1 ~(ea~aQ ~d sa~~if!11 s~tdl~assrr ~ aaibb~ ~~49 Q3N9153Q :ioy suo~d uayo8uq $ adn~spuv7 ` ~ a a ~_ J^ ~~ ~$~ ~~ ~~ 9 ~~ 9m~ ~~~ z ~ }~ R t 9 i ~~~; ?`~~~. i ~~ ~~ ~~r ~~~~ x~~~~ ~~~ ~~~ ~~~ MEMORANDUM TO: Mayor and City Commissioners FROM: Estelio Breto, Senior Planner Paul Dorling, AICP, Director Planning and Zoning THROUGH: City Manager DATE: October 1, 2009 SUBJECT: AGENDA ITEM 9.A.1 -REGULAR COMMISSION MEETING OF OCTOBER 6, 2009 WAIVER REQUEST/VILLAGE AT DELRAY ITEM BEFORE COMMISSION Consideration of a waiver request to LDR Section 4.6.9(D)(2) to waive the requirement that parking spaces do not back out into a street carrying more than 200 ADT (Average Daily Trips) in association with the Village at Delray project. BACKGROUND Waiver Requests LDR Section 2.4.7(B)(5) Findings: Pursuant to LDR Section 2.4.7(B)(5), prior to granting a waiver, the approving body must make a finding that granting 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 for the waiver request: "Even though our site plan exceeds the 200 ADT threshold, the back-out spaces meet every other LDR requirement while providing for a superior product. The apartment buildings affected by this Section of the LDR are townhouse type in character. The actual form of ownership of the units should not affect the requirement concerning the ingress or egress of the buildings. It is also noted that short parking segments are provided along each apartment building and two streets provide access to the buildings which mitigate any impacts. The access provided conforms with the minimum aisle standard requirements, and thus, safety is not a concern." The statement that those units are townhouse type in character (and therefore the requirement would not apply) is inaccurate. However, it is noted that short parking segments are proposed along each building and the parking lot is looped to provide multiple points of access to the buildings which mitigate the impact of the approximately 336 trips per segment. Compliance with this requirement would require redesign of the development and the elimination of the "open field" recreational areas which are also being proposed as a gathering, social contact area for residents. The provision of these recreational spaces is a priority and it might be jeopardized if an alternative parking solution is designed. A balance should be kept between the LDR requirement and the increase in quality of life that will be provided by the resulting active recreation area. The granting of this waiver will not create an unsafe situation, significantly diminish the provision of public facilities, or adversely affect the neighboring area. The granting of this waiver will 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. Based on the above, positive findings can be made with respect LDR Section 2.4.7 (B)(5) to support the waiver request. REVIEW BY OTHERS The Planning and Zoning Board reviewed the waiver request at their meeting of September 21, 2009 in conjunction with review of the 192 residential unit Village at Delray development. After a brief discussion, the Board moved a recommendation of approval of the waiver request on a vote of 5-2. A detailed description and analysis of the proposal is contained within the Planning and Zoning Board staff report of September 21, 2009 attached with the Village at Delray Conditional Use Request agenda item that is also on the October 6, 2009 Commission agenda. RECOMMENDATION Move approval of the request for waiver to LDR Section 4.6.9(D)(2), to waive the requirement that parking spaces enter and exit a forward manner on travel ways exceeding 200 ADT, by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.7(B) (5) of the Land Development Regulations. IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA WAIVER REQUEST FOR VILLAGE AT DELRAY ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA 1. The waiver request to the requirement that parking spaces do not back out into a street carrying more than 200 average daily trips, has come before the City Commission on October 6, 2009. 2. The Applicant and City staff presented documentary evidence and testimony to the City Commission pertaining to the waiver request for the Village at Delray. 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)(2), access that allows a vehicle to enter and exit the parking area onto a street in a forward manner shall be provided, except when the street is a private street within a planned development and the street, at the location of the parking, has less than 200 ADT. The proposed street, exceeds the 200 ADT threshold required in several areas, while the parking areas do not provide adequate maneuvering for vehicles to enter and exit in a forward manner. Back out parking is proposed in several areas into drive isles which exceed the 200 ADT threshold and therefore a waiver to this LDR requirement is being requested. Pursuant to LDR Section 2.4.7(8)(5), prior to granting a waiver, the approving body shall make a finding that the granting of the waiver: (a) Shall not adversely affect the neighboring area; (b) Shall not significantly diminish the provision of public facilities; (c) Shall not create an unsafe situation; and, (d) Does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. Would the waiver of Section 4.6.9(D)(2) to allow back out parking spaces comply with the requirements of 2.4.7(8)(5)? Yes No 1 3. The City Commission has applied the Comprehensive Plan and LDR requirements in existence at the time the original development application was submitted and finds that its determinations set forth in this Order are consistent with the Comprehensive Plan. 4. The City Commission finds there is ample and competent substantial evidence to support its findings in the record submitted and adopts the facts contained in the record including but not limited to the staff reports, testimony of experts and other competent witnesses supporting these findings. 5. Based on the entire record before it, the City Commission approves denies the waiver request to LDR Section 4.6.9(D)(2). 6. Based on the entire record before it, the City Commission hereby adopts this Order this 6t" day of October, 2009, by a vote of _ in favor and _ opposed. ATTEST: Nelson S. McDuffie, Mayor Chevelle Nubin, City Clerk 2 MEMORANDUM TO: Mayor and City Commissioners FROM: R. Brian Shutt, City Attorney DATE: September 30, 2009 SUBJECT: AGENDA ITEM 9.B. -REGULAR COMMISSION MEETING OF OCTOBER 6, 2009 DIRECTION REGARDING THE OLD SCHOOL SQUARE GARAGE RETAIL SPACE ITEM BEFORE COMMISSION This item before the Commission is a discussion regarding the options for the Old School Square garage retail space. BACKGROUND At your September 15, 2009 workshop meeting the Commission gave staff direction to finalize the terms of a proposed lease and purchase and sale agreement with Mr. Kinsloe based on what was presented at the workshop meeting as well as to look at other options regarding the space and possible involvement of the CRA. Subsequent to that meeting staff was informed by Mr. Kinsloe's agent that Mr. Kinsloe was no longer interested in the purchase or lease of the retail space. Based upon the Commission direction staff made further inquires of outside bond counsel regarding involvement by the CRA. The responses from bond counsel indicated that potential involvement by the CRA in the build out of the space and/or leasing of the space to the CRA would not be an issue as it relates to the bond issue for the retail space. Perhaps more importantly, we learned that any lease payments from the CRA to the City would not count against the $3,000,000 maximum the City is permitted to received from the property. However, lease payments received by the CRA would count against that maximum. If it is the direction of the Commission to discuss this matter further with the CRA I would recommend that the direction include the build out of the retail space to a point where it can be functional and to enter into a lease agreement with the CRA, subject to the sale of the property, where the CRA would pay the City a lease payment that, at a minimum, would be an amount sufficient to cover the City's cost of carrying the space and where the Commission would have the right to approve any use of the space. RECOMMENDATION Commission discretion. MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: September 30, 2009 SUBJECT: AGENDA ITEM 9.C. -REGULAR COMMISSION MEETING OF OCTOBER 6, 2009 COMMISSION LIAISON APPOINTMENT ITEM BEFORE COMMISSION At the September 22, 2009 Regular Commission Meeting, Commission postponed this item. Commission is asked to appoint an Alternate Member of the Intergovernmental Coordination Issues Forum. RECOMMENDATION Commission discretion. MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: September 30, 2009 SUBJECT: AGENDA ITEM 9.D. -REGULAR COMMISSION MEETING OF OCTOBER 6, 2009 APPOINTMENT TO THE COMMUNITY REDEVELOPMENT AGENCY ITEM BEFORE COMMISSION This item is before the City Commission for an appointment to the Community Redevelopment Agency. BACKGROUND There is a vacancy on the Community Redevelopment Agency due to the appointment of Mrs. Angeleta Gray to City Commission. This is for an unexpired term ending July 1, 2013. Per Florida Statute, any person may be appointed to the Community Redevelopment Agency if he or she resides in or is engaged in business (which means owning a business, practicing a profession or performing a service for compensation, or serving as an officer or director of a corporation or other business entity) within the area of the agency which is coterminous with the municipality and is otherwise eligible for such appointment. The City Attorney has determined that anyone who resides within the City limits is eligible for appointment. A person cannot hold any other public office other than his/her commissionership or office with respect to the Community Redevelopment Agency. The following individuals have submitted applications and would like to be considered for appointment: (See Exhibit "A" attached) A check for code violations and/or municipal liens was conducted. None were found with the exception of Ms. Edith Thompson who has a lien on her property for an outstanding balance due to the Utility Billing Department in the amount of $507.68. Voter registration verification was completed and all are registered with the exception of Mr. Percy Mejia. Based on the rotation system, the appointment will be made by Commissioner Eliopoulos (Seat #1) for one (1) regular member to serve on the Community Redevelopment Agency for an unexpired term ending July 1, 2013. RECOMMENDATION Recommend appointment of one (1) regular member to serve on the Community Redevelopment Agency for an unexpired term ending July 1, 2013. COMMUNITY REDEVELOPMENT AGENCY 4 YEAR TERM 20 N. Swinton Avenue Delray Beach, FL 33444 06/09 TERM REGULAR MEMBERS OCCUPATION EXPIRES 07/01 /2013 Peter Arts,1St Vice Qiair Life Insurance a~ m/o5/o5 Agent Rea 06/16/09 07/01 /2011 Thomas F. Carney, Jr., Vice Qiair Attorney Appt06/17/03 Rea 06/19/07 07/01 /2013 Veronica Covington Unexp Appt 02/20/07 SeCUYlty Reappt 06/16/09 Surveillance 07/01 /2010 Howard Lewis, QZair Business Owner Unexp Appt 04/15/03 Rea 06/20/06 07/01 /2012 William Sranning, Treasurer unexp a~ o5/oz/o6 Contractor Rea 07/01/08 07/01/2013 Unexp Appt Vacant 07/01 /2013 Herniae Stevens Attorney Appt06/16/09 Contact person: Diane Colonna 276-8640 S/CityQerk/Board 09/C1ZA Commissioner Liaison: Commissioner Eliopoulos Commissioner Fetzer COMMUNITY REDEVELOPMENT AGENCY EXHIBIT "A" Annie Adkins Roof Attorney (currently serving on the Nuisance Abatement Board; also applying for the Neighborhood Advisory Council) Parnel Auguste Attorney (also applying for the Education Board) Cathy Balestriere General Manager Stephanie Bedenbaugh Human Resources Rosalie Blood Vice President/General Manager Christopher Brown General Contractor/Real Estate Reginald Cox Architect (currently serving on the West Atlantic Redevelopment Coalition) Margherita Downey Attorney Clifford Durden Educator Joe Farkas Manager-Banking Joseph Ferrer President-Entertainment Diane Franco Property Management-President (currently serving on the Downtown Development Authority) Bruce Gimmy Self-employed Karen Kiselewski Planner/Project Manager Loren Levinson Educator Pearl Markfield Elrod Realtor George Maso Real Estate Percy Mej is Proj ect Manager/Architecture Christina Morrison Pearce Realtor James O'Brien Property Management Kenneth Peltzie Self-employed/Healthcare COMMUNITY REDEVELOPMENT AGENCY EXHIBIT "A" Jeff Ritter Consulting (also applying for the Education Board) Perry Rohan Real Estate (currently serving on the Affordable Housing Advisory Committee) Alexia Rouquette Mays Marketing/ Public Relations Kevin Rouse Business Owner/Photographer/Artist Sam Shannon Director of Community Development Edith Thompson Postmaster Harold Van Arnem Developer/Real Estate (currently serving on the Education Board and the Neighborhood Advisory Council) Alan Weitz Banking (currently serving on the Affordable Housing Advisory Committee) MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: September 30, 2009 SUBJECT: AGENDA ITEM 9.E. -REGULAR COMMISSION MEETING OF OCTOBER 6, 2009 APPOINTMENTS TO THE NEIGHBORHOOD ADVISORY COUNCIL ITEM BEFORE COMMISSION This item is before the City Commission for appointments to the Neighborhood Advisory Council. BACKGROUND The terms for regular members, Ms. Shirl Fields (Zone 3), Ms. Kristen Albanese (Zone 4), Mr. Matthew Hartley (Zone 5), Mr. Joseph Kamarata (Zone 6) and Mr. Charles Stravino (At Large Representative) will expire on October 31, 2009. Ms. Fields, Mr. Hartley and Mr. Joseph Kamarata will have served one (1) full term, are eligible and would like to be considered for reappointment. Ms. Albanese will have served an unexpired term and would not like to be reappointed. Mr. Stravino will have served two (2) full terms and is not eligible for reappointment. Appointments are needed for five (5) regular members to serve three (3) year terms ending July 31, 2012. Staff recommends that the terms end on July 31, 2012 rather than October 31, 2012 to comply with the expiration dates required in the City Code. There is also a vacancy for Zone 2, but there are no applicants for Zone 2 at this time. The Neighborhood Advisory Council was established for the purpose of maintaining broad-based community involvement with the residents, creating neighborhood outreach initiatives, enhancing communication, improving the aesthetics of the neighborhoods and identifying any potential threats to the stability of the neighborhoods. The Council consists of fifteen (15) regular and two (2) student members. Twelve (12) members are residents with two (2) selected from each of the six neighborhood zones, and three (3) at large representatives, who may be selected from a community civic organization or from business owners located within a neighborhood zone interested in the enhancement of its surrounding neighborhoods. A map of the appointment zones is included for your review. The following individuals have submitted applications for consideration: (See Exhibit "A" attached) A check for code violations and/or municipal liens was conducted. None were found. Voter registration verification was completed and all are registered. Based on the rotation system, appointments will be made as follows for five (5) regular members to serve three (3) year terms ending July 31, 2012: • Commissioner Gray (Seat #4) . Mayor McDuffie (Seat #5) • Commissioner Eliopoulos (Seat #1) • Commissioner Fetzer (Seat #2) • Commissioner Frankel (Seat #3) RECOMMENDATION Recommend appointment of five (5) regular members to the Neighborhood Advisory Council to serve three (3) year terms ending July 31, 2012. NEIGHBORHOOD ADVISORY COUNCIL EXHIBIT "A" Applicant Subdivision Zone 3 Patricia Conlon Shirl Fields Mary Minieka Incumbent Ocean Trail Condo. Andover Linton Lakes Suzanne Donohue Isabel Make Mel Pollack Zone 4 Dell Park Estuary N/A Zone 5 Margherita Downey Matthew Hartley Pearl Markfield Elrod Bryce Newell Incumbent Town of Delray Southridge Town of Delray N/A Zone 6 Annie Adkins Roof Martha Alvarez Wyana Claxton Joseph Kamarata Harvey Starin Incumbent At Large Representative Martha Alvarez Wyana Claxton Patricia Conlon Suzanne Donohue Margherita Downey Adam Klein Isabel Make Pearl Markfield Elrod Harriet Meltzer Mary Minieka Bryce Newell Mel Pollack Susan Sims Harvey Starin Captains Walk Town & Country Estates Tropic Bay Tropic Palms Pelican Harbor Town & Country Estates Tropic Bay Ocean Trail Condo. Dell Park Town of Delray Coconut Key Estuary Town of Delray Rainberry Bay Linton Lakes N/A N/A Sabal Lakes Pelican Harbor 08/09 NEIGHBORHOOD ADVISORY COUNCIL TERM EXPIRES DISTRICT NAME & ADDRESS 10/31/10 Zone 1 Gaston Joseph, Vice Chair Unexp Apppt 08/21/07 Rea 10/16/07 10/31/10 Zone 2 Vacant 10/31/10 Zone 3 Linda Latnence Leib Unexp Appt 10/17/06 Rea 10/16/07 10/31/10 Zone 4 Harold Van Arnem a~ 1o/16/m 07/31 /11 Zone 5 Gail-Lee McDermott Unexp 03/03/08 Reapptl0/07/08 07/31 /11 Zone 6 Linda Prior Unexp Appt 02/20/07 Reapptl0/07/08 07/31 /11 Zone 1 Mr. Sal Cherch Unexp Appt 08/18/09 07/31/11 Zone 2 Mary-Elizabeth Cohn Appt10/21/08 10/31/09 Zone 3 Shirl Fields a~ 10/17/06 10/31/09 Zone 4 Kristen Albanese Unexp Appt 06/16/09 10/31/09 Zone 5 Matthew Hartley a~ 10/17/06 10/31/09 Zone 6 Joseph Kamarata, Chair a~ 10/17/06 10/31 /10 At Large William NTilner Uenxp Appt02/03/09 R resentative 07/31 /11 At Large Patricia Westall unexp a~ 0/19/05 Representative Reapptl0/25/05 Rea 10/07/08 10/31/09 At Large Charles Stravino 11/04/03 ~ R resentative 10/17/06 07/31/10 Student Vacant 07/31/10 Student Vacant Board 09/Neighborhood Advisory Council CITY OF DELRAY BEACH, FLORIDA Neighborhood Advisory ~ouneil - Appoin#menf Zones - .. ,~ ~ ,~ CIlYOF D0.F7AY A~ACJ{ f~ AUM~lING 6.2OWNG D~AR7K4(t AMR{Yf 700e " arm w!k L1fY[s~T3 ~-.~.._-_.~_ --~rAL SSE WPSYSJBI-- GRwvF(IC SfJt[E -~ MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: September 29, 2009 SUBJECT: AGENDA ITEM 9.F. -REGULAR COMMISSION MEETING OF OCTOBER 6, 2009 APPOINTMENT TO THE EDUCATION BOARD ITEM BEFORE COMMISSION This item is before the City Commission for an appointment to the Education Board. BACKGROUND Mr. Theodore Berman, regular member on the Education Board, resigned effective August 23, 2009. This creates a vacancy for one (1) regular member to serve an unexpired term ending July 31, 2011. The resignation letter is attached for your review. Members of the Education Board must be a resident of the City, own property, own or operate a business within the City or have a child attending Delray Beach public schools. It is the intent, whenever possible, that the membership include persons with a background in business, real estate and/or education. The following individuals have submitted applications and would like to be considered for appointment: (See Exhibit "A") A check for code violations and/or municipal liens was conducted. None were found. Voter registration verification was completed and all are registered. Based on the rotation system, the appointment will be made by Commissioner Eliopoulos (Seat #1) for one (1) regular member to serve on the Education Board for an unexpired term ending July 31, 2011. RECOMMENDATION Recommend appointment of one (1) regular member to the Education Board to serve an unexpired term ending July 31, 2011. Cobb, Venice Subject: FW: Education Board Meeting 8-24-09 From: Ted Berman [mailto:tberman@workingfarthepeople.com] Sent: Sunday, August 23, 2009 7:44 PM Ta: Meeks, Janet Subject: RE: Education Board Meeting 8-24-09 Janet, I'm sorry to inform you, but 1 am moving permanently to Stuart, Florida and will be unable to participate in the Education Board. From; Meeks, Janet [mailto:Meeks)@ci.delray-beach.fl.us] Sent: Thu 8/20/2009 2:43 PM To: Jerry Crociila; Economic Solution Services Znc; ken zeno; Haroid Van Arnem; Sandra Weatherspoon; Catherine J. DeMatto; Ted Berman; Tobias, Sandy; Perry Stokes; Peter Raycroft; nateeliis302@gmaii.com; quarterbackjpll@aol.com; Fetzer, Fred Cc: Cobb, Venice Subject: Education Board Meeting 8-24-09 Good Afternoon: Please find attached the Agenda for our Monday night Education Board meeting. We will meet in the First Floor Conference Room at 5:30 p.m. !have also attached a copy of the Education Board Roster, Calendar of events, Education Board Roles and school lists. 1 am respectfully requesting that this year you print out the documents and bring them with you to the Board meetings. We have a lot to go aver and our meeting may last unti17:30 p.m. We will provide a "light dinner" for the meeting. See you Monday.... Janet .7~leeks Education Coordinator City of Delrny Beach 100 NW 1st Avenue Delray Beach, F[ 3344-4 iahone: 243-7231 Fax: 243-7221 EDUCATION BOARD EXHIBIT "A" Name Background Parnel Auguste Attorney (also applying for the Community Redevelopment Agency) Lydia Carreiro Education (currently serving on the Kids & Cops Committee) Jack Fowler Healthcare Consultant Philip Friedman Financial Aid-Assistant Director (Currently serving on the Nuisance Abatement Board) Matthew Hartley Sales Engineer (Currently serving on the Neighborhood Advisory Council) Doreen Jadwick Career Specialist/Employer Relations/Educator Isabel Make Consultant-President/Educator Jaana Moisio Business Owner/Law Partner Jeff Ritter Consulting (also applying for the Community Redevelopment Agency) 09/09 EDUCATION BOARD TERM EXPIRES NAME & ADDRESS OCCUPATION 07/31 /2011 Catherine DeMatto unexp a~ oz/zo/m Training & Development/ Reappt m/z4/o7 Reappt07/07/09 Marketin & Sales g 07/31/2010 GeraldCrocilla a~ 08/01/06 Educator Reappt07/15/08 07/31 /2010 Derline Pierre-Louis a~ m/15/o8 President/Plan & Budget Reviewer 07/31 /2010 Kenneth Zeno unexp a~ 08/07/07 Training Reappt m/15/o8 Consultant/E ducator 07/31 /2010 Harold Van Amem, Vice QZair unexp a~ 1z/13/o5 Developer Reappt07/11/06 Reappt07/15/08 07/31 /2010 Sandra Weatherspoon Appt 07/15/08 ASSlstant PnnClpal 7/31/2011 une~ Vacant 07/31 /2011 Sandra Tobias, QZair unexp a~ oz/z1/o6 Real Estate/Educator Reappt07/24/07 Reappt07/07/09 07/31 /2011 Perry Stokes Unexp Appt 01/03/06 Reappt07/24/07 Reappt m/m/o9 Educator 07/31 /2011 Mr. Peter Raycroft unexp a~ 01/03/08 Educator Reappt07/07/09 07/31 /2011 Melanee Slankstein unexp a~ 08/05/08 Educator/Consultant Rea 07/07/09 STUDENT MEMBERS (one term limit) 7/31 /2011 Nathaniel Ellis Appt 08/04/09 Student 2 YEAR TERM 7/31 /2010 John Paul Lan~so Appt 08/04/09 Student 1 YEAR TERM CITY REPRESENTATIVE: COMMISSION LIAISON: Janet Meeks -Education Coordinator 243-7231 Commissioner Fred Fetzer (Primary Member) Commissioner Nelson McDuffie (Alternate Member) MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: September 30, 2009 SUBJECT: AGENDA ITEM 9.G. -REGULAR COMMISSION MEETING OF OCTOBER 6, 2009 APPOINTMENT TO THE BOLA RATON AVIATION ADVISORY COMMITTEE ITEM BEFORE COMMISSION This item is before the City Commission for an appointment to the Boca Raton Aviation Advisory Committee. BACKGROUND There is a vacancy on the Boca Raton Aviation Advisory Committee for one (1) regular member to serve an unexpired term ending May 31, 2010. The Boca Raton Aviation Advisory Committee was created and Bylaws were adopted on June 3, 2002. The Committee shall consist of one member to represent the City of Delray Beach. This member must reside within the boundary of the appointing entity. No elected official or employee of the appointing entity shall be eligible for appointment to the Committee. No member or employee of the Airport Authority shall be eligible for appointment to the Committee. The following individual has submitted an application and would like to be considered for appointment: David Boone A check for code violations and/or municipal liens was conducted. None were found. Voter registration verification was done and he is registered. Based on the rotation system, the appointment will be made by Commissioner Eliopoulos (Seat #1) for one (1) regular member to serve on the Boca Raton Aviation Advisory Committee for an unexpired term ending May 31, 2010. RECOMMENDATION Recommend appointment of one (1) regular member to the Boca Raton Aviation Advisory Committee for an unexpired term ending May 31, 2010. 05/08 BOCA RATON AVIATION ADVISORY COMMITTEE 1N ASSOCIATION WITH THE BOCA RATON AIRPORT AUTHORITY TERM EXPIRES NAME & ADDRESS 05/31/2010 Unexpired Vacant Liaison Venice Cobb 100 Northwest 1St Avenue Delra Beach, FL 33444 S/CityClerk/Board 03/Boca Raton Aviation Advisory Committee Contact: Kim Singer 3 91-2202 ksin~er(cr~,bocaairport.com Ken Day Boca Raton Airport Authority 3700 Airport Road, Suite 304 Boca Raton, FL 33431 12/23/03 Per letter from Airport Manager, Ken Day, the Boca Raton Airport Authority has authorized and approved the dissolution of the Noise Compatibility Committee, and amended the Airport Authority Committee; whereby four additional members will be appointed by the Authority, of which will reside in the four Quadrants. (Northeast, Northwest, Southeast and Southwest). MEMORANDUM TO: Mayor and City Commissioners FROM: Amy E. Alvarez, Historic Preservation Planner Paul Dorling, AICP, Director of Planning and Zoning THROUGH: City Manager DATE: October 1, 2009 SUBJECT: AGENDA ITEM -REGULAR COMMISSION MEETING OF OCTOBER 6, 2009 ORDINANCE NO. 15-09 (FIRST READING/FIRST PUBLIC HEARINGI ITEM BEFORE COMMISSION The item before Commission is consideration of Ordinance 15-09 which accepts the recommendations of the Del-Ida Park Historic District resurvey report, including expansion of the Period of Significance (POS) and reclassification of properties. BACKGROUND The City hired RJ Heisenbottle Architects, Inc. to conduct a survey of the Del-Ida Park, Old School Square, Nassau Park, and West Settlers Historic Districts from July 2008 -January 2009. The objective was to survey all properties developed at least thirty-five years ago within each of the aforementioned districts, and to identify both contributing and non-contributing buildings and structures. A historical overview of each area was provided in the final report. The City Commission reviewed the final survey report for the Del-Ida Park Historic District at its workshop on February 10, 2009. The report contained the following recommendations: • That the POS be extended to 1970 (currently spans to 1943); • That 48 properties be reclassified from non-contributing to contributing; and, • Options for listings on the National Register of Historic Places (NRHP) Staff recommends that the POS extend through 1965 in order to remain consistent with prior POS designations adopted by the City. This would include those eligible properties that are currently at least 45 years old and would be at least fifty years old by the time the next survey is completed. It is noted that the report did not identify any remaining properties built between 1965 and 1970 as eligible for reclassification to contributing. Therefore, this revision would not affect any of the 48 properties recommended for reclassification. As noted above, the subject Ordinance includes properties constructed less than fifty years ago. The NRHP notes "that properties less than fifty years old may be an integral part of a district when there is sufficient perspective to consider the properties as historic" which may be demonstrated by the following: 1) That the district's Period of Significance is justified as a discrete period with a defined beginning and end, 2) That the character of the district`s historic resources is clearly defined and assessed, 3) That specific resources in the district are demonstrated to date from that discrete era, and 4) That the majority of district properties are over fifty years old. Additional analysis is contained within the attached HPB Staff Report of September 16, 2009. Ordinance 15-09 also contains two attachments: Attachment A -Del-Ida Park Historic District Resurvey Report, and Attachment B -Del-Ida Park Historic District property list including dates of construction, architectural styles, and classifications. The recommendation for listing on NRHP will be explored at a later date and would begin with a property owner workshop with HPB. A PowerPoint presentation is also attached which provides an overview of each property recommended for reclassification including a photo and evaluation comment. Additional designation criteria utilized by the NRHP is also included to illustrate that the subject Ordinance is in keeping with national standards. It should be noted that pursuant to LDR Section 4.5.1(0)(5), if any property owner within the subject historic district or within five hundred feet (500') of the edge of the property seeking a change of historic designation and/or classification objects, the City Commission approval shall require a super majority vote of four (4) votes. REVIEW BY OTHERS The Historic Preservation Board (HPB) reviewed Ordinance 15-09 at its September 16, 2009 meeting where a recommendation of approval was made (4-1 vote, Pam Reeder dissenting) to accept the resurvey report for the Del-Ida Park Historic District, including extension of the Period of Significance to 1965, and reclassification of 48 properties from Non-Contributing to ContributingMs. Reeder dissented as she felt that the POS should not extend past 1959 and should include only those eligible properties over 50 years old. In addition to the property owners who supported the Ordinance, three property owners were in attendance at the HPB meeting who spoke against the reclassifications of their own properties, each of which is listed below: . 223 NE 5~ Court - 1947, Contemporary Style . 110 NE 5~ Street - 1963, Contemporary Style . 228 NE 5~ Street - 1952, Contemporary Style. The Community Redevelopment Agency (CRA) reviewed Ordinance 15-09 at its September 24, 2009 meeting and supported the Ordinance with the suggestion that those affected property owners be given the opportunity to opt out of the reclassification. RECOMMENDATION Approve Ordinance 15-09, accepting the resurvey report for the Del-Ida Park Historic District, including extension of the Period of Significance to 1965, and reclassification of 48 properties from Non-Contributing to Contributing. ORDINANCE NO 15-09 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PROVIDING FOR THE ACCEPTANCE OF THE RESURVEY REPORT OF DEL-IDA PARK HISTORIC DISTRICT INCLUDING EXTENSION OF THE PERIOD OF SIGNIFICANCE AND RECLASSIFICATION OF PROPERTIES FROM NON-CONTRIBUTING TO CONTRIBUTING, PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the City retained RJ Heisenbottle Architects, Inc., to resurvey the Del-Ida Park Historic District and the City Commission accepts the survey recommendations to extend the Period of Significance, and seek listing of the district on the National Register of Historic Places; and, WHEREAS, the Del-Ida Park Historic District was originally designated and placed on the Delray Beach Local Register of Historic Places in 1988 with a Period of Significance spanning from 1923-1943; and, WHEREAS, RJ Heisenbottle Architects, Inc. resurveyed the Del-Ida Park Historic District and those properties originally classified as contributing for continued significance and maintenance of historic integrity; and, WHEREAS, RJ Heisenbottle Architects, Inc. resurveyed the Del-Ida Park Historic District and those properties originally classified as non-contributing for current significance and recommends that the Period of Significance be extended through 1970; and, WHEREAS, the Del-Ida Park Historic District was originally significant for its collection of architecture representative of the period from 1923-1943, and is currently significant for its collection of architecture representative of the period from 1944 - 1965. WHEREAS, 48 structures now meet the eligibility criteria for contributing status, attributed to the newer resources built 1944 through to 1965, as these buildings have had alterations completed in an appropriate and compatible manner consistent with the Secretary of the Interior's Standards for Rehabilitation, or have had alterations which are reversible thereby not compromising the structure's integrity; and, WHEREAS, the Del-Ida Park Historic District was originally and is currently significant under the Secretary of the Interiors Criterion A for significance due to associations with events that have made a significant contribution to the broad pattern of the City's history as one of the first planned residential developments in Delray Beach with representation of the 1920s Land Boom and 1930s settlement following the Land Boom and inclusion of post World War II growth from the 1940s through the 1960s; and, WHEREAS, the Del-Ida Park Historic District was originally and is currently significant under the Secretary of the Interiors Criterion B for significance due to associations with people significant to the City, as one of the early investors was Frederick Henry Link, a Craftsman at Mizner Industries, and whose daughter, Catherine Link Strong was the City's first female Mayor and lived in the neighborhood; and, WHEREAS, the Del-Ida Park Historic District was originally and is currently significant under the Secretary of the Interiors Criterion C for significance as it embodies one or more distinctive architectural styles or types such as the Mission, Mediterranean Revival, Minimal Traditional, Contemporary, Masonry and Frame Vernacular, Ranch, and Streamline Moderne, with the Mission and Mediterranean Revival style containing influences directly from renown Architect Addison Mizner, as Frederick Henry Link was a craftsman at Mizner Industries; and, WHEREAS, Section 4.5.1 of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach provides for the change of historic classification of historic sites and districts; and, WHEREAS, RJ Heisenbottle Architects, Inc. found that the City should seek listing of the Del-Ida Park Historic District on the National Register of Historic Places; and, WHEREAS, the Historic Preservation Board held a duly noticed public hearing in regard to the Final Resurvey Report for the Del-Ida Park Historic District on September 16, 2009 and voted 4 to 1 to recommend approval for the acceptance of the Final Resurvey Report and its recommendations including extension of the Period of Significance to 1965 and changes of historic classification for 48 properties within the Del-Ida Park Historic District; and WHEREAS, the City Commission of the City of Delray Beach adopts the findings in the Final Resurvey Report for the Del-Ida Park Historic District; and WHEREAS, the City Commission of the City of Delray Beach adopts the findings in the Historic Preservation Board Staff Report dated September 16, 2009; and WHEREAS, the City Commission of the City of Delray Beach finds the ordinance is consistent with the Comprehensive Plan; and WHEREAS the City Commission of the City of Delray Beach has conducted a duly noticed public hearing in regard to the adoption of the Final Resurvey Report for the Del-Ida Park Historic District. NOW THEREFORE BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH FLORIDA AS FOLLOWS: Section 1. That the recitations set forth above are incorporated herein. Section 2 That the Final Resurvey Report for the Del-Ida Park Historic District is included as Attachment A. Section 3 That the Period of Significance is extended to 1965. Section 4 That the properties listed in Attachment B are hereby classified as set forth in Attachment A and in accordance with and under the provisions of Section 4.5.1 of the Land Development Regulations of the City of Delray Beach, Florida. Section 5 That all ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. Section 6 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 7 That this ordinance shall become effective immediately upon passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the day of , 200_ ATTEST: MAYOR City Clerk First Reading Second Reading CITY OF DELRAY BEACH RESURVEY OF FOUR LOCAL REGISTER HISTORIC DISTRICTS DEL-IDA PARK HISTORIC DISTRICT Prepared by: R.J. HEISENBOTTLE ARCHITECTS, P.A. January 30, 2009 DEL-IDA PARK HISTORIC DISTRICT HISTORIC SURVEY REPORT INTRODUCTION The City of Delray Beach has retained the firm of R.J. Heisenbottle Architects, P.A. (RJHA) to resurvey four areas within the city previously listed on the Local Register of Historic Places as Historic Districts. The four areas to be studied are Del-Ida Park, Nassau Park, Old School Square, and West Settlers Historic District. RJHA's task will be to prepare individual Survey Reports for each of the four historic districts. These survey reports will include the following information: • Historical overview of the district. • Review existing criteria for determining contributing and non-contributing structures. • Recommendations on extending Periods of Significance, where appropriate, within the district. • Update Florida Master Site File forms for previously recorded structures. • Prepare new Florida Master Site File forms for previously unrecorded structures • Prepare maps and photographs for all sites within the district. These surveys are reviewing all structures located within the locally designated historic districts that are thirty five (35) years or older. Information on structures currently listed is being updated, noting any alterations, relocations and demolitions since the time that the Designation Report was originally prepared. Structures not previously listed, that meet the 35 year or older criteria and that are deemed "contributing" to the historic district, are being added to the Florida Master Site File and are being recommended for inclusion in the Local Register of Historic Places' Historic District Designation Report. To date, RJHA has completed work on the Nassau Park Historic District and on the Old School Square Historic District and the West Settlers Historic District. The Del-Ida Park Historic Survey Report covers the fourth and final area being studied under this project. This report will provide information on those items outlined above, based on: field work; research conducted on City records including building cards and permits; Sanborn map records available at the Delray Beach Planning and Zoning Department; existing historical publications; previous surveys covering the Del-Ida Park Historic District, such as the Historic Resources Survey. Phase H, conducted by Janus Research in 2002; the Delray Beach Historic Sites Survey conducted by John P. Johnson in 1987 and on historical research conducted at the Delray Beach Historical Society. The Del-Ida Park Historic District was officially listed in the Local Register of Historic Places in 1988. A total of 47 sites were listed as individual contributing buildings. Additional contributing sites were identified by the "Historic Resources Survey Report Phase II", conducted by Janus Research in 2002, but were not incorporated as part of the Designation 2 Report. The RJHA Report will update and re-evaluate the information provided in the Janus Report and will make recommendations for additional sites that should be officially listed as contributing structures in the Del-Ida Park Designation Report. BOUNDARIES (See Attachment A: Historic District Map) The Del-Ida Park Historic District is bounded on the north by N.E. 8~ Street, on the east by the Florida East Coast Railway, on the south by N.E. 4~ Street, and on the west by the east side of N. Swinton Avenue. These are the original boundaries of the development originally platted in 1923. Based on that historical fact, no boundary extension or modification is being recommended for the Del-Ida Park Historic District. f'(1NTF,XT The Del-Ida Park Historic District is a 14 block suburban residential area just four blocks north of the heart of downtown Delray Beach. It consists of primarily single family, one story residences, although there are some two story houses and a few duplex structures that were built during the 1950s and 1960s. Although some of the houses have been converted to light office use, the residential character of the area remains fairly intact. The same can be said about the original historic fabric of the structures. Few of the historic houses have been demolished. Only two houses listed on the 1988 Designation Report have been demolished. These were located at 601 N. Swinton Avenue and at 107 N.E. 6~ Street. Most of the houses have survived with relatively few unsympathetic alterations or additions. In several instances additions have been made with respect and sensitivity to the original houses, compatible in design yet clearly distinguishable from the historic portion. Specific examples will be presented in the "Architectural Significance" Section. The original plat was laid out in an interesting and unusual fashion, combining a rectangular grid with a series of diagonal streets. Most notable is Dixie Boulevard, which serves as the main concourse in the development, having been laid out 20 feet wider than the rest of the streets. The combination of rectangular and diagonal street design produces a series of unusual triangular blocks and lots with varying street frontage. There are three small public parks that, along with well landscaped grounds and mature trees, contribute to the overall visual quality of the neighborhood. HISTORICAL SIGNIFICANCE Del-Ida Park is one of the first planned residential developments in Delray Beach. In 1923, the Ocean City Development Company purchased a 58 acre tract in the northeast section of Delray Beach, during the heyday of the Florida Real Estate Boom, and created Del-Ida Park. The development company was organized by Mr. J.C. Secord, of Miami, along with Mr. B.E. Clutter, also of Miami, and Mr. Charles Kuschke of Fort Lauderdale, who planned to open sales offices in Delray (not yet renamed Delray Beach), West Palm Beach and Miami. On 3 September 18, 1923, Del-Ida Park was officially platted and recorded and appears to have been an almost instant success. Del-Ida Park was widely promoted in the Delray News. In a front page article dated September 28, 1923, the newspaper proclaimed that "Del-Ida is growing fast". It goes on to state that 25 of the available 58 lots had been sold and that city water and electricity were being installed. The article also states that "Two beautiful parks are being made and 100's of Australian pines, other trees, flowers and shrubbery are being planted". The newspaper further states that "Mr. Secord and his group bring people daily to visit Del-Ida Park and soon they will have to put more of their lots on the market". On October 19, 1923, the Delray News reported that "Wonderful progress is being made in Del-Ida Park, our new suburb. Nice hard surfaced streets are being run through the property and it is beginning to look like a real town". One of the first investors in the area was Frederick Henry Link, formerly a craftsman of Mizner Industries in West Palm Beach, who in 1923 purchased several lots in Del-Ida Park. Mr. Link soon became the general contractor for the development, and most of the early houses in Del- Ida Park were built by him. That same year he began construction of his own home, located at 524 N.E. 2nd Avenue. The great almost overnight success of the Del-Ida Park was as typical of the Florida Real Estate Boom as its rapid collapse following the Stock Market Crash of 1929 and subsequent years of the Great Depression. Construction continued, but at a much slower pace during the 1930s and 1940s. It was not until the end of World War II that Del-Ida Park experienced a new surge in construction. During the immediate post-war era, Delray Beach saw a marked increase in population, the result of former military personnel stationed in the area that returned and relocated with their families. Del-Ida Park was an attractive middle-class suburban community, centrally located and reasonably priced. Many new houses went up at this time, modest in scale, but representative of the latest trends in architectural design, materials and technology. ARCHITECTURAL SIGNIFICANCE There are many architectural styles represented in Del-Ida Park. Following are examples of the most prevalent ones found within the designated historic district: Frederick Henry Link brought to Del-Ida Park with him the experience he had acquired while working with Addison Mizner in Palm Beach. Inspired by Mizner's grand Mediterranean Revival style houses in Palm Beach, Mr. Link's house set the tone for the architectural style in Del-Ida Park. Smaller in scale and simpler in design, the Link House is mostly Mission style, but with some Mediterranean Revival details, such as the octagonal corner tower and the heavily rusticated doorway surrounds. 4 The Link House. 524 N.E. 2nd Avenue (1923) The Mission Style became the predominant design mode for the original houses in the Del-Ida Park development. A scaled down version of the Mediterranean Revival style, the Mission style was widely popular in the 1920s, and its charm and currency made it an important selling tool for the planned residential development. While the Mediterranean Revival style owed its inspiration to the Spanish, Italian and Moorish architecture along the Mediterranean coast, the Mission style was derived from the Spanish Missions in California and New Mexico. In Del- Ida Park, textured stucco surfaces on wood frame structures, flat roofs, molded parapets, scuppers and sparse, if any, applied decorative details were the primary features of the Mission style. Simple designs and inexpensive construction methods made these houses attractive and affordable. A total of 25 of the original Mission Style homes are still standing in Del-Ida Park, although three have seen their original stylistic features altered beyond recognition. These structures have been incorrectly identified as Mediterranean Revival in past surveys. That classification should be corrected in all records. Mission Style Houses 11 Dixie Boulevard I02 N.E. Sth Street 2l4 N.E. 5`h Street The more ornate Mediterranean Revival Style, one of the most popular architectural styles in Florida during the 1920s, is also represented in Del-Ida Park, although not as widely. These buildings are larger, usually two stories and have a greater amount of applied decorative details than the simpler Mission style houses, including arches, a combination of flat and pitched tiled 5 roofs and balconies. One of the best examples of the Mediterranean Revival style may be found in the residence located at 515 N. Swinton Avenue. The fact that it was originally built outside Del-Ida Park at 324 N.E. 2nd Avenue and relocated to its present site in 1961, may explain the anomaly of its more ornate, larger scale within this historic district. The apartment building at 401 N.E. 2nd Avenue is also Mediterranean Revival by its more elaborate design, although its bell-shaped central parapet still harks back to the Mission style. Several of the original Mission style buildings have been modified through additions and alterations into Mediterranean Revival designs. These will be covered in the "Additions and Alterations" Section below. Mediterranean Revival Style 401 N.E. 2nd Avenue SIS N. Swinton Avenue Several fine examples of the Minimal Traditional Style are also found in Del-Ida Park. These generally date back to the 1930s to 1950s decades, built originally during the Depression era, and show simple, sober designs with some modest detailing harking back to more traditional styles. Some of the more typical details for these houses include low to medium pitch gable roofs generally facing front, modest overhangs, prominent chimneys, decorative wood details on gable ends, inset porches supported on decorative wood supports and sparsely used Colonial or other traditional applied decoration, such as door and window surrounds. 6 Minimal Traditional Style Houses 204 N.E. 5th Terrace 706 N.E. 2'~ Avenue I05 N.E. 6th Street There are many fine examples of Contemporary Style houses that were built during the post World War II building construction surge in Del-Ida Park. These houses are inspired by the International Style that originated in Europe and later traveled to the United States, where it was eminently established by Mies Van der Rohe and his disciple Philip Johnson, among many others. An even more direct influence can be found in the post-war work of masters like Richard Neutra in California and Paul Rudolph in Sarasota. Contemporary style houses in Del-Ida Park have simple, clean lines, highly abstracted, geometric designs and are mostly devoid of any applied decoration. One of the most important features of these buildings is their complete break with traditional, historical models. They rely on massing, new materials and methods of construction and sculptural forms for architectural expression. Most of the houses have flat roofs with broad eaves, may have glass jalousie windows and often an attached carport. These houses were not 50 years old at the time when the Del-Ida Park Historic District was designated, therefore not meeting the age threshold to be considered as contributing structures. It is, however, RJHA's strong recommendation that these houses should be recognized and officially listed as contributing buildings in the Designation Report, for their historical and architectural significance as representative examples of Post- war Era design. Contemporary Style Houses 2I5 N.E. 5th Street 222 N.E. 5th Street 240 Dixie Boulevard 7 There is a variety of other architectural styles represented in Del-Ida Park, although not as numerous as the ones identified above. Among the styles that can be found are examples of Frame and Masonry Vernacular, one drastically altered Bungalow, some Streamline Moderne, and several Ranch houses. ADDITIONS AND ALTERATIONS Many of the original structures have been altered and others have been added to, both with varying degrees of success. Some of the original Mission style houses were enlarged during the 1950s. The additions have been successful as statements of their own time, although they may have completely altered the architectural character of the original house. The Mission style house at 217 N.E. 4~ Street is no longer recognizable from the front. The addition itself, however, is quite handsome, with a boldly cantilevering carport, and the original building is fairly intact toward the rear of the new structure (See photo below). 2I7 N.E. 4th Street Similarly, the house located at 251 Dixie Boulevard is no longer recognizable as Mission style, yet its original simple lines lent themselves quite nicely to its transformation as a Contemporary style structure (See attached photo). 25l Dixie Boulevard At 204 Dixie Boulevard, the addition is considerably larger than the original Mission style house, yet the original house is still recognizable, and the addition has been done in a manner which is respectful and compatible. The original house has a simple molded parapet, while the 8 parapet on the addition has a continuous banding at the top. In spite of the all the good attributes of the addition, the overall effect and character is now that of a Mediterranean Revival style building, rather than the original Mission style design intent. A less fortunate addition, however, can be seen at 203 Dixie Boulevard, where the original Mission style house is no longer recognizable, and the entire structure has deceivingly and disarmingly become faux Mediterranean Revival. 204 Dixie Boulevard 203 Dixie Boulevard Finally, the following two additions are highly successful in their execution. In the house at 110 N.E. 7~ Street, the addition is very similar to the original Mission style house, but the connection between old and new is set back, clearly differentiating between the two (See photo below). At 105 N.E. 7~ Street, the large two story addition is significantly set back from the original Minimal Traditional style house, and the different massing of the two leaves no doubt where one ends and the other begins (See photo below). IIO N.E. 7`h Street I05 N.E. 7`h Street 9 PERIOD OF SIGNIFICANCE One of the objectives of the Delray Beach "Resurvey of Four Local Register Historic Districts" project is to assess the feasibility of expanding the current Period of Significance. Structures thirty five (35) years or older will be recorded in the Florida Master Site File, so that the information contained in the State's database will be not only current but actually ahead of the 50 threshold for historic consideration. This does not mean that structures that are 35 to 50 years old will automatically be deemed contributing, but rather they will be reviewed on a case-by-case basis for possible eligibility. The Del-Ida Park Historic District Designation Report, approved in 1988, places the Period of Significance cut-off date by which structures are to be evaluated at 1943. The cut-off date is based in the generally accepted 50 year old threshold for considering eligibility of structures for listing as "contributing" within a designated historic district. In terms of historical and architectural development, it is difficult to justify this date under any other criteria than the 50 year threshold. The post World War II era was a significant period in the historic and architectural development of Delray Beach. There was a marked population increase, as many GIs stationed in the area relocated with their families after the war. As a result, Delray Beach saw a period of growth in business, tourism, and consequently in job opportunities and therefore an increase in demand for housing. Although the housing shift was mostly towards outlying suburban expansion and away from the center of town, as was typical everywhere else in the country at that time, Del-Ida Park remained an attractive neighborhood, affordable and conveniently close to downtown. This report has already discussed the architectural significance of the Contemporary Style housing built during this era. Many of the structures that RJHA has identified and recorded for the first time as part of this Resurvey Project date from 1963-1965. The house pictured below, for instance, is part of a block-long cohesive group built during that time period, although unfortunately, most have been seriously altered. IO NE 5th Street Based on the above cited historical and architectural significance of Del-Ida Park in the post-war era, it is our recommendation to extend the Period of Significance to 1970. 10 RE-EVALUATION OF CONTRIBUTING STRUCTURES This report has updated and re-evaluated the "District Inventor' provided as part of the 1988 Designation Report, which identified 47 Contributing Structures. Following is a summary of our re-evaluation, which includes sites previously recorded and recommended for inclusion in the Designation Report by the 2002 Janus Report: • Contributing Structures Identified in the 1988 Designation Report 47 • New Contributing Structures per 2002 Janus Report 34 • New Contributing Structures per RJHA Report 19 • Non-Contributing Structures 58 • Demolished Structures 2 NATIONAL REGISTER ELIGIBILITY The Del-Ida Park Historic District contains sufficient historical and architectural significance as a planned 1920s residential development to be potentially eligible for consideration as a National Register Historic District. A stronger yet case could be made for a Multiple Resource nomination for the original 1920s Mission style buildings in the development. Another option is to pursue individual National Register nomination for the Frederick Henry Link House at 524 N.E. 2nd Avenue, based on Criteria A (for its association with the planned development), Criteria B (for its association with an individual who made a significant contribution to the development) and C (for its architectural significance as a 1920s Mission style-themed development). Any of the above options are feasible and realistic for National Register consideration. FLORIDA MASTER SITE FILE S Florida Master Site File forms have been updated for all "Contributing Structures" previously recorded as part of the 1988 Designation Report or as part of the 2002 Janus Report. The following structures will be submitted for addition to the FMSF and new numbers will be requested for them: • 543 NE 3 rd Avenue • 701 NE 3 rd Avenue • 10 NE 5~ Street • 14 NE 5~ Street • 18 NE 5~ Street • 22 NE 5~ Street • 102 NE 5 ~ Street • 106 NE 5 ~ Street • 110 NE 5 ~ Street • 215 NE 5 ~ Street • 222 NE 5 ~ Street 11 • 225 NE 5~ Street • 116 NE 6~ Street • 721 N Swinton Avenue • 14 NE 7~ Street • 113 NE 7~ Street • 14 NE 8~ Street • 225 Royal Court • 202 Palm Court SUMMARY RECOMMENDATIONS It is recommended that the Del-Ida Park Historic District local designation be amended to reflect the following: • Amend the Inventory contained in the 1988 Designation Report to include the new structures being added to the FMSF as part of this report. • Extend the Period of Significance to 1970, based on the historical and architectural significance of the Post World War II period in the development of Del-Ida Park. • Amend the Inventory to identify the original structures in the Del-Ida Park development as designed in the Mission style, not as Mediterranean Revival, as originally indicated in the 1988 Designation Report and in the 1987 Delray Beach Historic Sites Survey. The breakdown of Mission and Mediterranean Revival style houses within the Del-Ida Park Historic District is provided in the attached "List of Surveyed Resources" in Appendix B. CONCLUSIONS Del-Ida Park is a remarkably cohesive and well preserved neighborhood. Few of the original structures have been demolished and alterations have been, for the most part, relatively benign. Even those structures deemed "Non-Contributing" due to their recent date of construction or unsympathetic alterations maintain a sense of cohesiveness in their scale, setback, use of materials and overall architectural character. The new encroaching development is nearby, but it is yet to cross N.E. 4~ Street into Del-Ida Park. There is a palpable sense of pride and identity in the neighborhood residents. The historic district designation has made a positive contribution towards the visual quality and historical integrity of Del-Ida Park. This is evident in the marked improvement in the alterations and additions being made, and in the slowing down of the development pressure that the immediate area is facing. 12 SOURCES • Florida Master Site Files. Delray Beach. • Historic Site Files. City of Delray Beach Planning and Zoning Department. • Building Card Files. City of Delray Beach Planning and Zoning Department. • Property Control Numbers. Property Appraisers Office. City of Delray Beach. • Sanborn Insurance Maps. 1926, 1949, 1963. • Delray Beach Historic Sites Survey. By John P. Johnson. Historic Palm Beach County Preservation Board. July 1987. • Del-Ida Park Historic District. Designation Report. Historic Preservation Board. Delray Beach, Florida. January 15, 1988. By Patricia Cayce. • Historical and Photographic Files. Delray Beach Historical Society. • Delray News. August 17, 1923; August 31, 1923; September 28, 1923; October 19, 1923. Delray Beach Historical Society. • City of Delray Beach. Historic Resources Report. Janus Research. July 1999. • City of Delray Beach. Historic Resources Report. Janus Research. June 2002. 13 APPENDIX A LIST OF SURVEYED RESOURCES 14 ~€ se z x x se s€ x ~e se s€ x .e ~e x s€ ~r x se ~€ x x ~e x x cs ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ 0 a r ~ ~ ~ ~ r f i A ~ ~ ~ i ~ i i i 3 i ~ i 11 {V E1~ A I.! ~ c~ ~c x x x x x x x x x x x x x x x x x ~c x x x ~c x x x ~ e ~ ~ ~ ~ ~ e r r r• r r r r• r• r r r r• r r r r• r r r r• r r r r• r r 4 A2 A ~ ~ ~ ~ ~ ~ Z ~ ~ T ~ ~ ~ ~ r ~ r ~ ~ ~ ~ ~ ~ ~ ~ ~yy~ Y ~ ~ ~ ~ r 'may ii i"1 p ~ ~ ~ ~ T ~ r r r ~ ~ ~ ~ ~ ~ ~ ~ c~ x x x x x x x x x x x x x x x x x x x x x x x x x i ~ s ~ ~ ~ ~ ~ ~ 1 ! s ~ ~ ~ ~ ~ 1 i ~ ~ ~ ~ ~ ~ ~ ~ 3 ~ ~ ~ ~ ~ ~ a ~ ~ r ~ r ~ r ~ r ~ r ~ r ~ r ~ r $ r ~ r BE r ~ r ~ r ~ r ~ r ~ r ~ r ~ r 0 r ~ r ~ r ~ r ~ r ~ r ~ r ~ ~ ~ ~ ~ S7 o A ~ A iy O ~ A ~ A ~ A ~ A ~ ~ ~ ~ ~ ~ ~ ~ W 2 ~ ~ ~ W W ~ ~ ~ ~ ~ { 3 ~ W* i ~ ~ ~ ~ a ~ i~C WW i ~ WW Z ~ W i ~ y~ 3 ~ WW i ~ ~ ~ ~ ~ ~ ~ ~ 17 ~ x x x i ~ c~ x x x x x x x x x x x x x x x x x ~ ~ ~ ~ i r r r r r r r r r r r r r r r r r r r r ~ ~ ~ ~ a ~a ~ ~ +a t- ~ w ~ w ~ ~i r rd ~ ~ ~ ~ ~ ~ rt 10 x ae x x se x x ae x x se x x ae x x cs e ~ r ~ r 1 r ~ r r ~ r ~i r ~ r ~ r ~ r ~ r # r ~ r i r 0 r ~ ~ ~ ~ ~ ~ Y~ y~~ ~ ~ ++ Z i ~ ~ 3 Z ~ 19 x x x x x x x x x x x x x x x x x x ct i ~i ~ r r r r r r r r r r r r r r r r r r ~ ~ a y a ~ a i ~ i ~ l ~ i ~ i i ~ i ~ i ~ l ~ i ~ i i ~ i ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ o ~ ~ ~ Zo APPENDIX B DEL-IDA PARK HISTORIC DISTRICT MAP 21 Ordinance 15-09 Attachment B Del-Ida Park Historic District Property Classification List Address Classification Year Built Style 401 NE 2n Avenue Contributing 1936 Mediterranean Revival 412 NE 2n Avenue Contributing 1955 Ranch 415 NE 2n Avenue Non-Contributing 1995 Frame Vernacular 418 NE 2n Avenue Contributing 1925 Mission 503 NE 2n Avenue Contributing 1947 Streamline Moderne 511 NE 2n Avenue Non-Contributing 1954 Masonry Vernacular 518 NE 2n Avenue Non-Contributing 1950 Masonry Vernacular 524 NE 2n Avenue Contributing 1923 Mission 615 NE 2n Avenue Non-Contributing 1957 Masonry Vernacular 706 NE 2n Avenue Contributing 1953 Frame Vernacular 714 NE 2n Avenue Contributin 1925 Mediterranean Revival 401 NE 3~ Avenue Non-Contributing 1968 Masonry Vernacular 405 NE 3~ Avenue Non-Contributing 1968 Masonry Vernacular 410 NE 3~ Avenue Non-Contributing 1968 Masonry Vernacular 412 NE 3~ Avenue Non-Contributing 1968 Masonry Vernacular 415 NE 3~ Avenue Non-Contributin 1968 Masonr Vernacular 505 NE 3~ Avenue Non-Contributing 1968 Masonry Vernacular 520 NE 3~ Avenue Non-Contributing 1947 Masonry Vernacular 524 NE 3~ Avenue Contributing 1947 Frame Vernacular 525 NE 3~ Avenue Non-Contributing 2001 Masonry Vernacular 541 NE 3~ Avenue Non-Contributin 1968 Masonr Vernacular 543 NE 3~ Avenue Contributing 1955 Contemporary 601 NE 3~ Avenue Non-Contributing 1955 Masonry Vernacular 605 NE 3~ Avenue Non-Contributing 1972 Masonry Vernacular 609 NE 3~ Avenue Non-Contributin 1957 Masonr Vernacular 615 NE 3~ Avenue Non-Contributing 1972 Masonry Vernacular 617-619 NE 3~ Avenue Non-Contributing 1972 Masonry Vernacular 621 NE 3~ Avenue Non-Contributing 1956 Masonry Vernacular 625 NE 3~ Avenue Non-Contributing 1957 Masonry Vernacular 701 NE 3~ Avenue Contributin 1955 Contem orar 702 NE 3~ Avenue Non-Contributing 1953 Masonry Vernacular 703 NE 3~ Avenue Contributing 1955 Minimal Traditional 710 NE 3~ Avenue Non-Contributing 1953 Masonry Vernacular 715 NE 3~ Avenue Non-Contributing 1972 Masonry Vernacular 723 NE 3~ Avenue Non-Contributin 1968 Masonr Vernacular 15 NE 4t Street Contributing 1925 Masonry Vernacular 101 NE 4t Street Non-Contributing 1972 Contemporary 111 NE 4t Street Non-Contributing 1947 Masonry Vernacular 200 NE 5t Court Non-Contributin 1952 Masonr Vernacular 201 NE 5t Court Non-Contributing 1948 Masonry Vernacular 209 NE 5t Court Contributing 1949 Frame Vernacular 210 NE 5t Court Contributing 1917 Frame Vernacular 215-217 NE 5t Court Contributing 1952 Contemporary 218 NE 5t Court Contributin 1925 Mission 223 NE 5t Court Contributing 1947 Contemporary 1/4 Ordinance 15-09 Attachment B Del-Ida Park Historic District Property Classification List Address Classification Year Built Style 225 NE 5t Court Contributing 1947 Masonry Vernacular 226-228 NE 5t Court Contributing 1953 Contemporary 229 NE 5t Court Non-Contributing 1947 Frame Vernacular 230 NE 5t Court Non-Contributing 1954 Masonry Vernacular 232 NE 5t Street Non-Contributing 1952 Masonry Vernacular 219 NE 5t Street Non-Contributing 1950 Masonry Vernacular 9 NE 5t Street Contributing 1925 Mission 10 NE 5t Street Contributing 1963 Contemporary 14 NE 5t Street Contributing 1963 Contemporary 18 NE 5t Street Contributing 1963 Contemporary 22 NE 5t Street Contributing 1963 Contemporary 101 NE 5t Street Contributin 1925 Mission 102 NE 5t Street Contributing 1964 Contemporary 106 NE 5t Street Contributing 1965 Contemporary 110 NE 5t Street Contributing 1965 Contemporary 214 NE 5t Street Contributing 1925 Mission 215 NE 5t Street Contributin 1950 Contem orar 219 NE 5t Street Non-Contributing 1950 Masonry Vernacular 222 NE 5t Street Contributing 1953 Contemporary 225 NE 5t Street Contributing 1948 Minimal Traditional 228 NE 5t Street Contributing 1952 Contemporary 202 NE 5t Terrace Contributin 1951 Masonr Vernacular 204 NE 5t Terrace Contributing 1947 Minimal Traditional 216 NE 5t Terrace Contributing 1949 Minimal Traditional 218 NE 5t Terrace Non-Contributing 1953 Masonry Vernacular 226 NE 5t Terrace Non-Contributin 1954 Masonr Vernacular 230-232 NE 5t Terrace Non-Contributing 1956 Masonry Vernacular 234-236 NE 5t Terrace Contributing 1954 Contemporary 238-240 NE 5t Terrace Contributing 1954 Contemporary 10 NE 6t Street Contributing 1947 Minimal Traditional 11 NE 6t Street Contributin 1947 Minimal Traditional 17 NE 6t Street Contributing 1925 Mission 101 NE 6t Street Contributing 1949 Contemporary 105 NE 6t Street Contributing 1939 Minimal Traditional 107 NE 6t Street Contributing --- Demolished - 2005 110 NE 6t Street Contributin 1944 Minimal Traditional 116 NE 6t Street Contributing 1965 Ranch 4 NE 7t Street (531 N Swinton Ave) Non-Contributing Masonry Vernacular 5 NE 7t Street Contributing 1939 Frame Vernacular 10 NE 7t Street Non-Contributin 1999 Frame Vernacular 14 NE 7t Street Contributing 1965 Contemporary 17 NE 7t Street Non-Contributing 1954 Masonry Vernacular 18 NE 7t Street Non-Contributing 1969 Masonry Vernacular 102 NE 7t Street Contributing 1953 Minimal Traditional 105 NE 7t Street Contributing 1941 Frame Vernacular 2/4 Ordinance 15-09 Attachment B Del-Ida Park Historic District Property Classification List Address Classification Year Built Style 109 NE 7t Street Non-Contributing 1999 Frame Vernacular 110 NE 7t Street Contributing 1925 Mission 113 NE 7t Street Contributing 1962 Contemporary 117 NE 7t Street Contributing 1939 Frame Vernacular 14 NE 8t Street Contributing 1948 Ranch 102 NE 8t Street Contributing 1925 Mission 110 NE 8t Street Contributing 1925 Mission 114 NE 8t Street Contributing 1925 Mission 230 NE 8t Street Non-Contributing 1962 Masonry Vernacular 2 Dixie Boulevard Contributing 1937 Masonry Vernacular 11 Dixie Boulevard Contributing 1925 Mission 14 Dixie Boulevard Contributin 1925 Mission 19 Dixie Boulevard Contributing 1925 Mission 23 Dixie Boulevard Contributing 1937 Frame Vernacular 101 Dixie Boulevard Contributing 1939 Minimal Traditional 102 Dixie Boulevard Non-Contributing 1948 Masonry Vernacular 106 Dixie Boulevard Contributin 1930 Bun aloes 109 Dixie Boulevard Contributing 1937 Minimal Traditional 112 Dixie Boulevard Non-Contributing 2007 Masonry Vernacular 118 Dixie Boulevard Contributing 1930 Mission 125 Dixie Boulevard Contributing 1928 Mediterranean Revival 203 Dixie Boulevard Contributin 1925 Mediterranean Revival 204 Dixie Boulevard Contributing 1925 Mediterranean Revival 216 Dixie Boulevard Contributing 1947 Ranch 219 Dixie Boulevard Contributing 1950 Contemporary 220 Dixie Boulevard Contributin 1947 Ranch 227 Dixie Boulevard Contributing 1949 Ranch 228 Dixie Boulevard Contributing 1947 Minimal Traditional 232 Dixie Boulevard Contributing 1925 Mission 236 Dixie Boulevard Contributing 1925 Mission 240 Dixie Boulevard Contributin 1953 Contem orar 243 Dixie Boulevard Non-Contributing 1961 Masonry Vernacular 250 Dixie Boulevard Non-Contributing 1972 Modern 251 Dixie Boulevard Contributing 1925 Mission/Contemporary 109 Fern Court Contributing 1954 Ranch 117 Fern Court Non-Contributin 1957 Ranch 10 Lake Court Contributing 1940 Minimal Traditional 14 Lake Court Non-Contributing 1956 Ranch 18 Lake Court Contributing 1941 Frame Vernacular 20 Lake Court Contributin 1952 Ranch 26 Lake Court Contributing 1925 Frame Vernacular 30 Lake Court Contributing 1925 Mission 202 Palm Court Contributing 1948 Masonry Vernacular 222 Palm Court Non-Contributing 1956 Masonry Vernacular 226 Palm Court Non-Contributing 1957 Masonry Vernacular 3/4 Ordinance 15-09 Attachment B Del-Ida Park Historic District Property Classification List Address Classification Year Built Style 230 Palm Court Non-Contributing 1959 Masonry Vernacular 225 Royal Court Non-Contributing 1997 Masonry Vernacular 235-239 Royal Court Non-Contributing 1952 Masonry Vernacular 241 Royal Court Contributing 1925 Mission 247 Royal Court Contributing 1925 Mission 249 Royal Court Non-Contributing 1956 Contemporary 403 North Swinton Avenue Contributing 1925 Masonry Vernacular 407 North Swinton Avenue Contributing 1941 Minimal Traditional 411 North Swinton Avenue Non-Contributing 1956 Masonry Vernacular 415 North Swinton Avenue Contributing 1925 Mission 515 North Swinton Avenue Contributing 1925 Mediterranean Revival 521 North Swinton Avenue Contributin 1939 Minimal Traditional 527 North Swinton Avenue Non-Contributing 2007 Masonry Vernacular 531 North Swinton Avenue Contributing 1947 Masonry Vernacular 605 North Swinton Avenue Contributing 1925 Mission 701 North Swinton Avenue Contributing 1940 Minimal Traditional 711 North Swinton Avenue Non-Contributin 1962 Masonr Vernacular 721 North Swinton Avenue Contributing 1956 Ranch 4/4 HISTORIC PRESERVATION BOARD MEMORANDUM STAFF REPORT MEETING OF: September 16, 2009 ITEM: CONSIDERATION OF ORDINANCE 15-09 TO ACCEPT THE RESURVEY REPORT OF DEL-IDA PARK HISTORIC DISTRICT INCLUDING EXTENDING THE PERIOD OF SIGNIFICANCE AND RECLASSIFYING PROPERTIES FROM NON- CONTRIBUTING TO CONTRIBUTING. ITEM BEFORE THE BOARD The item before the Board is that of making a recommendation to the City Commission regarding Ordinance 15-09 which provides for the acceptance of the resurvey report of Del-Ida Park Historic District, including extension of the Period of Significance (POS), and reclassifying properties from Non- contributing to Contributing, pursuant to Land Development Regulations (LDR) Section 4.5.1(N), Criteria for Change of Historic Classification and 4.5.1(0), Procedures for Change of Historic Classification. BACKGROUND The City hired RJ Heisenbottle Architects, Inc. to conduct a survey of the Del-Ida Park, Nassau Park, Old School Square, and West Settlers Historic Districts from July 2008 -January 2009. The objective was to survey all properties developed at least thirty-five years ago within each district and to identify those which contain both Contributing and Non-Contributing buildings and structures. A historical overview of each area was provided in the final report. The City Commission reviewed the recommendations of the final survey report for the Del-Ida Park Historic District at its workshop on February 10, 2009 and supported Staff's proposal to move forward and process the acceptance of the resurvey. The final survey report to be adopted is for the Del-Ida Park Historic District. The final survey report recommendations are as follows: That the Period of Significance (POS) be expanded to 1970, which would reclassify 48 properties from Non-Contributing to Contributing. The current POS spans through to 1943. See Appendix A for those properties recommended for reclassification. • That listing on the National Register of Historic Places be sought for the entire district. Following are details regarding the Period of Significance and listing on the National Register of Historic Places: Period of Significance The resurvey report notes that the POS for the Del-Ida Park Historic District should be extended to 1970, based on the historical and architectural significance of the Post World War II period in the development of Del-Ida Park. The POS extension would reclassify 48 properties currently classified Non-Contributing to Contributing, which were constructed from 1944-1965. National Register of Historic Places (NRHP) Listing on the NRHP would provide additional recognition for the district, but it should be noted that additional review criteria or restrictions would not be placed on properties located within the boundary. Additional explanation of NRHP listing is provided below. Ordinance 15-09 includes Attachment A, which is the Final Survey Report for the Del-Ida Park Historic District, and Attachment B, which notes each property and its date of construction, historic classification, and architectural style. At its April 15, 2009 meeting, the HPB reviewed and tabled the subject item until their June 17, 2009 meeting with the following direction given to Staff: 1. That an analysis be conducted regarding extending the POS to 1970, while only reclassifying those structures built through 1959 (later referred to as Alternative 2); and, 2. That an analysis be conducted to extend the POS only to 1959 (as opposed to 1970) (later referred to as Alternative 3). The requested analyses are provided in the "Analysis" section of this report where a comparison is provided between the survey recommendations (Alternative 1) and the two scenarios requested by the Board as noted above (Alternatives 2 and 3). Consideration of Ordinance 15-09 is now before the Board for review and recommendation to the City Commission. REVIEW LAND DEVELOPMENT REGULATIONS Pursuant to LDR Section 2.2.6(A), a Historic Preservation Board for the City of Delray Beach is hereby created. The up rpose of this Board is to foster and promote the recognition, protection, enhancement and use of historic resources in the City of Delray Beach and to have a lay body which shall have authority to act on matters pertaining to historic preservation. Pursuant to LDR Section 2.2.6(D)(1), Duties, Powers, and Responsibilities, the Historic Preservation Board shall develop, maintain, and update a survey of archaeological sites, properties, buildings, structures, and districts of special historic, aesthetic, architectural, cultural, or social value or interest. The Board will endeavor to improve, expand, and make more accurate the survey as additional documents, information, oral histories, and other such materials may become available, and it will periodically reevaluate the survey. The Board will work with the City Historical Society, the State Bureau of Historic Preservation, and other appropriate public and nonprofit organizations in maintaining this survey. Pursuant to LDR Section 2.2.6(D)(2), Duties, Powers, and Responsibilities, the Historic Preservation Board shall nominate properties for designation, and regulate such properties, structures, buildings, sites, districts, and the like so designated as historic sites and/or historic districts. STAFF COMMENT: The LDRs specify that as part of the HPB duties, the Board shall protect historic resources, and update surveys of historic resources. The resurvey of the Del-Ida Park Historic District complies with this requirement. LDR Section 4.5.1(N), Criteria for Change of Historic Classification (1) A survey of all historic districts may be conducted by the City every five (5) years. The survey report may recommend changes to the historic designation and/or classification of properties located within or immediately adjacent to a designated historic district. (b) Criteria for Change of Historic Classification: If aCity-initiated survey conducted within the last five (5) years reveals that a property within a historic district should be reclassified as either Contributing or non-Contributing, then the classification may be revised in accordance with LDR Section 4.5.1(0) and shall be determined as follows: 1. The survey recommends the inclusion of an additional "Period of Significance'; which would reclassify properties from non-Contributing to Contributing, or; 2. The survey recommends that a property or properties have been so significantly altered that the changes are irreversible and have compromised the structures historic integrity of the structure, which would reclassify the structure from Contributing to non-Contributing. STAFF COMMENT: The subject survey meets the criteria for change of historic classification as it was conducted within the last 5 years (complete January 2009), and the survey recommends that the Period of Significance be adopted which would reclassify 48 properties from Non-Contributing to Contributing, per the survey recommendation. Therefore, the reclassifications of the properties listed in Exhibit A are eligible for review. It is noted that additional resources are recommended for reclassification by Staff. These resources are further analyzed below. LDR Section 4.5.1(0), Procedures for Change of Historic Designation and/or Classification (2) Procedures for Change of Historic Classification: Applications to change the historic classification of a property or properties within a historic district shall be made to the Historic Preservation Board and maybe initiated by written request of.~ (a) The Historic Preservation Board based upon the recommendations of a City-initiated survey completed within five (5) years prior to the application; or (b) The City Commission based upon the recommendations of aCity-initiated survey completed within five (5) years prior to the application; or (3) The Planning and Zoning Director or his/her designee shall conduct a preliminary evaluation of the information provided on each application to determine if it generally conforms with criteria in LDR Section 4.5.1(N) (1). The Planning and Zoning Director or his/her designee shall then prepare a report which shall contain the following: (b) Change of Historic Classification: 1. Analysis of the properties to be reclassified; and 2. A staff recommendation as to whether or not the properties should be reclassified due to either. a. loss of historic integrity as a result of irreversible alterations to a Contributing property; or b. inclusion of an additional "Period of Significance" per the survey recommendations. STAFF COMMENT: Period of Significance & Reclassifications It has been determined that the subject request conforms with Section 4.5.1(N)(1), and the recommendations have been justified within the report with respect to the expansion of the POS to 1970. The information has been provided and reviewed by Staff and deemed to be complete. It should be noted that the date of construction for 251 Dixie Boulevard has been corrected via the resurvey, as it was found to be a 1920s structure and not the 1950s structure it was thought to be when the district was designated in 1988. There were modifications to the Mission-style structure in the 1950s, and the survey now notes this property to be a Mission/Contemporary style. Page 8 of the Del- Ida Park final survey report recognizes and compliments the "transformation" of the structure from Mission to Contemporary style. In 2008, the HPB approved a demolition of this structure, and it was reviewed as anon-contributor. The demolition occurred earlier this year. The properties recommended for reclassification by RJ Heisenbottle Architects, Inc, were initially developed between 1944 and 1965 and are a part of the historic Del-Ida Park streetscape. While these structures may differ from the architectural styles of Del-Ida Park's initial development, they are compatible and illustrate the development building typologies of their time. It is important to note that the "Period of Significance" identifies the growth periods of a historic district and places the POS within its historical context. Therefore, extension of the POS to 1970 rather than 1965 when the last remaining eligible structure was built, includes the entire Post-WWII development impact on Del-Ida Park, and may recognize those appropriate improvements made to contributing structures during this timeframe. Staff's analysis of the resurvey recommendations are provided below. ANALYSIS RESURVEY RECOMMENDATIONS The following gives a comparison of the three potentially different alternatives the Board may choose to support based on the request from the April 15, 2009 meeting. However, Staff has provided an additional alternative for Board consideration. The POS, justification, and analysis for Alternative 4 are included below. Period of Significance Alternative 1 1970 Alternative 2 1970 Alternative 3 1959 Alternative 4 1965 Reclassified Properties 48 38 38 48 Justification Alternative 1: The following contains excerpts from the resurvey report: "...It was not until the end of World War 11 that Del-Ida Park experienced a new surge in construction. During the immediate post-war era, Delray Beach saw a marked increase in population, ...Del-Ida Park was an attractive middle-class suburban community, centrally located and reasonably priced. Many new houses went up at this time, modest in scale, but representative of the latest trends in architectural design, materials and technology. There are many fine examples of Contemporary Style houses that were built during the post World War 11 building construction surge in Del-Ida Park... These houses were not 50 years old at the time when the Del-Ida Park Historic District was designated, therefore not meeting the age threshold to be considered as contributing structures. It is, however, RJHA's strong recommendation that these houses should be recognized and officially listed as contributing buildings in the Designation Report, for their historical and architectural significance as representative examples of Post-War Era design. The Del-Ida Park Historic District Designation Report, approved in 1988, places the Period of Significance cut-off date by which structures are to be evaluated at 1943. The cut-off date is based in the generally accepted 50 year old threshold for considering eligibility of structures for listing as "contributing" within a designated historic district. In terms of historical and architectural development, it is difficult to justify this date under any other criteria than the 50 year threshold. The post World War 11 era was a significant period in the historic and architectural development of Delray Beach. There was a marked population increase, ...As a result, Delray Beach saw a period of growth...and therefore an increase in demand for housing...Del-Ida Park remained an attractive neighborhood, affordable and conveniently close to downtown...(report) discussed the architectural significance of the Contemporary Style housing built during this era. Many of the structures that RJHA has identified and recorded for the first time as part of this Resurvey Project date from 1963-1965...(10 NE 5th Street) is part of a block-long cohesive group built during that time period... Extend the Period of Significance to 1970, based on the historical and architectural significance of the Post World War 11 period in the development of Del-Ida Park." The justification provided above by the City's Consultant was a result of extensive research including the City's records, the Delray Beach Historical Society's records, and field surveys. Alternatives 2 and 3: These alternatives were requested by the Board in response to owners of properties containing structures built after 1959 and who voiced their opposition to the reclassifications at the HPB meeting of April 15, 2009. Alternative 4 Staff's proposal of Alternative 4 is provided See Staff's Analysis of the 4 alternatives below. Analysis Alternative 1 Alternative 1 has been provided in the resurvey report which was prepared by a qualified professional knowledgeable in historic preservation, architectural history, and historic site surveys, among other qualifications. As a result of extensive research on the Del-Ida Park Historic District, a recommendation was made to extend the POS to 1970 and that those eligible and qualifying structures (48) are reclassified as contributing to the historic district. The justification of the POS extension to 1970 illustrates the time frame of the Post WWII impact on Del-Ida Park, not necessarily by the most recent construction date (1965) of a structure recommended for contributing classification. Based on the justification noted in the report (also noted above) and additional information and analysis provided below for Alternative 4, the Board may not find it appropriate to adopt the recommended POS extension to 1970. Alternative 2: Alternative 2 would extend the POS to 1970, and reclassify 38 properties constructed through 1959. Support for the subject alternative would arbitrarily omit eligible resources constructed in a decade in the noted POS and compromise any future attempts at recognizing those structures built in Del-Ida Park after 1959 as significant. Those eligible structures built in the 1960s are of the Contemporary and Ranch styles, both of which are representative of styles constructed in the 1950s. The following is an explanation of the importance of the Contemporary Style, as provided in the resurvey report: "There are many fine examples of Contemporary Style houses that were built during the post World War ll building construction surge in Del-Ida Park. These houses are inspired by the International Style that originated in Europe and later traveled to the United States, ... Contemporary style houses in Del-Ida Park have simple, clean lines, highly abstracted, geometric designs and are mostly devoid of any applied decoration. One of the most important features of these buildings is their complete break with traditional, historical models. They rely on massing, new materials and methods of construction and sculptural forms for architectural expression. Most of the houses have flat roofs with broad eaves, may have glass jalousie windows and often an attached carport. These houses were not 50 years old at the time when the Del-Ida Park Historic District was designated, therefore not meeting the age threshold to be considered as contributing structures. It is, however, RJHA's strong recommendation that these houses should be recognized and officially listed as contributing buildings in the Designation Report, for their historical and architectural significance as representative examples of Post-War Era design. " As a general note, it is important to consider that while these styles may exist throughout the City as a whole, there is not a large concentration of any single style within any of the City's five historic districts. Therefore, the protection of any of the eligible resources is important in maintaining the historic environment of each district. Based on the emphasis provided in the report (also noted above) on the Contemporary-style and significance of Post-WWII development subsequent to 1959, the Board may find that it would not be appropriate to adopt the recommended POS extension to 1970, while reclassifying 38 structures built through 1959, and omitting the 10 identified structures built between 1960 and 1965. Alternative 3: Alternative 3 would extend the POS to 1959 and reclassify 38 properties constructed through 1959. Revising a POS to the end of a decade for the sake of omitting structures built subsequent to this time period is only justifiable when the end of the decade actually coincides with the end of a historical period. The subject alternative would arbitrarily omit a decade in the noted POS along with the noted eligible resources from this decade. Those eligible structures built in the 1960s are of the Contemporary and Ranch styles, both of which are representative of styles constructed in the 1950s. These omissions would have the potential of compromising any future attempts at recognizing those structures built in Del-Ida Park after 1959 as significant. Based on the emphasis provided in the report (also noted above) on the Contemporary-style and significance of Post-WWII development subsequent to 1959, the Board may find that it would not be appropriate to revise the recommended POS extension from 1970 to 1959, while reclassifying 38 structures built through 1959, and omitting the 10 identified structures built between 1960 and 1965. Alternative 4 As an additional alternative, Staff suggests that the Board consider extending the POS to 1965, as opposed to the recommended 1970. The reduction to 1965 would maintain the reclassification of 48 properties, as no potentially eligible properties were identified after 1965. It is likely that properties over 45 years old were not considered as it is common practice to evaluate resources up to 45 years old, and not younger unless compelling evidence noting its significance has been presented. For example, when Delray Beach designated its first four historic districts in 1988, the POSs for those districts were established at 1943, and those eligible structure built between 45 and 49 years prior were classified as contributing to those districts. While this practice may contradict the arbitrary interruption of a historical time period, Policy A-4.2 of the Comprehensive Plan's Future Land Use Element notes, "In order to protect the City's historic resources, the Land Development Regulations shall include provisions for designation of historically significant buildings, structures, archaeological sites, or districts. The City shall conduct periodic neighborhood surveys to identify and evaluate potential historic resources at least once every five years." With this adopted policy to conduct surveys at least once every five years, it is unlikely that any potential historical resources within a designated historic district would be unprotected as they would be reviewed at least every five years. Further, the City's historic district records would be consistently up to date. In considering the suggested omission of 1965-1970 from the POS, this Policy would ensure that those years will be reviewed no later than 2014. Based on the justification noted in the report regarding the significance of Post-WWII development and the emphasis provided on the Contemporary-style, the Board may find it appropriate to adopt the recommended POS extension to 1965, and reclassify 48 structures as listed in Exhibit A. National Register of Historic Places (NRHP) As previously noted, the resurvey report recommends that the City seek application for listing of the Del-Ida Park Historic District on the NRHP. It should be emphasized that the subject Ordinance recognizes this recommendation but upon adoption the Ordinance will not automatically put forward an application for NRHP listing. Once the City is prepared to seek listing on the NRHP, additional steps will be required for application submittal which would include, but not be limited to, a workshop with property owners, and public hearings held by both the HPB and City Commission. COMPREHENSIVE PLAN Pursuant to LDR Section 2.4.5(M)(5), Findings, the City Commission must make a finding that the text amendment is consistent with and further the Goals, Objectives and Policies of the Comprehensive Plan. Ordinance 09-08 amended the LDRs to provide for Section 4.5.1(N), Criteria for Change of Historic Classification. During the review period for Ordinance 09-08, the reviewing and/or approving bodies found the amendments to be in conformity with the City's Comprehensive Plan, as follows: • The Historic Preservation Board held a Public Hearing for Ordinance 09-08 at its August 6, 2008 meeting. • The Planning and Zoning Board held a Public Hearing for Ordinance 09-08 at its August 18, 2008 meeting. • The City Commission held a Public Hearing/First Reading for Ordinance 09-08 at its September 3, 2008 meeting, and a Public Hearing/Second Reading at its September 16, 2008 meeting. Therefore, the subject Ordinance may be found to be in compliance with the City's Comprehensive Plan as it is in compliance with LDR Section 4.5.1(M), Criteria for Change of Historic Classification. REVIEW BY OTHERS The CRA will review the subject Ordinance at its meeting of September 24, 2009, when a recommendation will be made to the City Commission. ALTERNATIVES 1. Recommend approval to the City Commission of Ordinance 15-09, accepting the resurvey report for the Del-Ida Park Historic District, including extension of the Period of Significance to 1970, reclassification of 48 properties from Non-Contributing to Contributing. 2. Recommend approval to the City Commission of Ordinance 15-09, accepting the resurvey report for the Del-Ida Park Historic District, including extension of the Period of Significance to 1970, and reclassification of 38 properties from Non-Contributing to Contributing. 3. Recommend approval to the City Commission of Ordinance 15-09, accepting the resurvey report for the Del-Ida Park Historic District, including extension of the Period of Significance to 1959, and reclassification of 38 properties from Non-Contributing to Contributing. 4. Recommend approval to the City Commission of Ordinance 15-09, accepting the resurvey report for the Del-Ida Park Historic District, including extension of the Period of Significance to 1965, and reclassification of 48 properties from Non-Contributing to Contributing. RECOMMENDATION Recommend approval to the City Commission of Ordinance 15-09, accepting the resurvey report for the Del-Ida Park Historic District, including extension of the Period of Significance to 1965, and reclassification of 48 properties from Non-Contributing to Contributing. Prepared by: Amy E. Alvarez, Historic Preservation Planner Attachments: • Exhibit A -Recommended Reclassifications • Del-Ida Park Historic District Map • Ordinance 15-09 with Attachments A and 8 EXHIBIT A -RECLASSIFIED PROPERTY LIST Address Year Style 412 NE 2n Avenue 1955 Ranch 503 NE 2n Avenue 1947 Streamline Moderne 706 NE 2n Avenue 1953 Frame Vernacular 524 NE 3~ Avenue 1947 Frame Vernacular 543 NE 3~ Avenue 1955 Contemporary 701 NE 3~ Avenue 1955 Contemporary 703 NE 3~ Avenue 1955 Minimal Traditional 209 NE 5 Court 1949 Frame Vernacular 215-217 NE 5 Court 1952 Contem ora 223 NE 5 Court 1947 Contemporary 225 NE 5 Court 1947 Masonry Vernacular 226-228 NE 5 Court 1953 Contemporary 10 NE 5 'Street 1963 Contemporary 14 NE 5 'Street 1963 Contem ora 18 NE 5 Street 1963 Contemporary 22 NE 5 'Street 1963 Contemporary 102 NE 5' Street 1964 Contemporary 106 NE 5' Street 1965 Contemporary 110 NE 5' Street 1965 Contemporary 215 NE 5' Street 1950 Contemporary 222 NE 5 Street 1953 Contemporary 202 NE 5 Terrace 1951 Masonry Vernacular 204 NE 5 Terrace 1947 Minimal Traditional 216 NE 5 Terrace 1949 Minimal Traditional 234-236 NE 5 Terrace 1954 Contemporary 238-240 NE 5 Terrace 1954 Contemporary 225 NE 5 Street 1948 Minimal Traditional 228 NE 5 Street 1952 Contemporary 10 NE 6 street 1947 Minimal Traditional 11 NE 6 Street 1947 Minimal Traditional 101 NE 6 Street 1949 Contemporary 110 NE 6 Street 1944 Minimal Traditional 116 NE 6' Street 1965 Ranch 14 NE 7 'Street 1965 Contemporary 102 NE 7' Street 1953 Minimal Traditional 113 NE 7' Street 1962 Contemporary 14 NE 8 Street 1948 Ranch 216 Dixie Boulevard 1947 Ranch 219 Dixie Boulevard 1950 Contemporary 220 Dixie Boulevard 1947 Ranch 227 Dixie Boulevard 1949 Ranch 228 Dixie Boulevard 1947 Minimal Traditional 240 Dixie Boulevard 1953 Contemporary 109 Fern Court 1954 Ranch 20 Lake Court 1952 Ranch 202 Palm Court 1948 Masonry Vernacular 531 North Swinton Avenue 1947 Masonry Vernacular 721 North Swinton Avenue 1956 Ranch Note: Shaded addresses are those properties omitted from reclassification in Alternatives 2 and 3. 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: September 30, 2009 SUBJECT: AGENDA ITEM 10.B. -REGULAR COMMISSION MEETING OF OCTOBER 6, 2009 ORDINANCE NO.41-09 (FIRST READING/FIRST PUBLIC HEARINGI ITEM BEFORE COMMISSION Consideration of acity-initiated amendment to Land Development Regulations (LDRs) that will allow required parking lot landscape areas to be counted toward meeting the minimum open space requirements of the Four Corners Overlay District. BACKGROUND The Four Corners Overlay District is located at the intersection of West Atlantic Avenue and Military Trail It was created by the City Commission with the adoption of Ordinance No. 08-07 on March 20, 2007. One of the standards unique to the Four Corners Overlay District is that the minimum required open space measurement of 25% be achieved over and above landscape areas that are required to meet internal parking lot design requirements. It should be noted that this is the only area of the city where the Land Development Regulations do not allow parking lot landscape areas to be applied to the minimum open space requirement. When the guidelines were formulated to govern redevelopment of the Four Corners Overlay District, increases in commercial intensities, residential densities, and increases to the maximum allowed height were discussed. Comprehensive Plan and Land Development Regulations amendments were then processed to allow implementation of the vision, which anticipated that structured parking would be necessary to reach the desired development intensities. Because future redevelopment in this area envisioned such structured parking, allowing credit for areas devoted to landscape islands in surface parking lots did not seem realistic. Current redevelopment proposals in the Four Corners Overlay District, however, are not reflective of the ultimate intensity of development envisioned. While redevelopment projects are being presented that include additional floor area to allow for new businesses, and also include substantial upgrades to the existing building facades as well as parking lot and landscape improvements, these interim/transitional types of redevelopment (as opposed to full intensity redevelopment) were not initially envisioned when the Four Corners Overlay District was designed. These transitional-type projects are unfairly penalized under the current regulations which do not allow landscape islands to be credited toward the minimum 25% open space requirement as they are elsewhere in the City. REVIEW BY OTHERS The text amendment was considered by the Planning and Zoning Board on September 21, 2009. The Board unanimously recommended approval on a 7 to 0 vote, by adopting the findings of fact and law contained in the staff report and finding that the amendment is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(M) of the Land Development Regulations. RECOMMENDATION By motion, recommend approval on first reading of Ordinance No. 41-09 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 N0.41-09 AN ORDINANCE OF THE CITY COM1Vi<SSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, SY AMENDING SECTION 4.4.9(G), "SUPPLEMENTAL DISTRICT REGULATIONS", SUBSECTION (3), "FOUR CORNERS OVERLAY DISTRICT", SUS-SUBSECTION (E), "STANDARDS UNIQUE TO THE FOUR CORNERS OVERLAY DISTRICT", TO PROVIDE THAT CERTAIN AREAS ARE ELIGIBLE TO SE COUNTED TOWARD THE OPEN SPACE CREDIT; 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 September 21, 2009 and voted 7 to 0 to recommend that the changes be approved; and WHEREAS, pursuant to Florida Statute 163.3174(4)(c), the Planning and Zoning Board, sitting as the Local Planning Agency, has determined that the change is consistent with and furthers the goals, objectives and policies of the Comprehensive Plan; and WHEREAS, the 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 COM1Vi<SSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the recitations set forth above are incorporated herein Section 2. That Section 4.4.9(G), "Supplemental District Regulations", Subsection (3), "Four Corners Overlay District", Sub-Subsection (e), "Standards Unique to the Four Corners Overlay District", of the Land Development Regulations of the City of Delray Beach, Florida, be and the same is hereby amended to read as follow: (e) Standards Uniaue to the Four Corners Overlay District: Where standards unique to the Four Corners Overlay District conflict with standards contained elsewhere in the zoning, subdivision, and landscape codes, the standards of this Subsection shall apply. 1. Lot Coverage & Open Space: a. Land area equal to at least 25% of the individual Four Corners Overlay District Master Development Plan (1VIDP) including the perimeter landscaped boundary, shall be in open space. ~ ~ _ater bodies and paved areas shall not be included in the meeting of this 25% open space requirement. 2. Minimum Structure Size: Any free-standing non residential principal structure shall have a minimum floor area of 4,000 square feet; shall be architecturally consistent with other structures in the master development plan; and shall have direct access to and from other portions of the Four Corners Overlay development. 3. Office and Commercial Floor Heights shall be a minimum of helve feet (12') floor to floor on the first floor and ten (10') floor to floor on all floors above. Residential uses shall have a minimum nine feet (9') floor to floor on all floors. Hotel, motel and residential all suite lodging shall have a minimum of eight feet six inches (8' 6") floor to floor on all floors. Auxiliary and service rooms, such as, garages, restrooms, closets, laundry rooms, dressing rooms, storage rooms, mechanical, electrical, and plumbing equipment rooms are exempted from the floor height regulations. Section 3. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or ward be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid Section 4. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed Section 5. That this ordinance shall become effective immediately upon its passage on second and final reading. 2 ORD. N0.41-09 PASSED AND ADOPTED in regular session on second and final reading on this the day of , 2009. ATTEST MAYO R City Clerk First Reading Second Reading 3 ORD. N0.41-09 PLANNING AND ZONING BOARD STAFF REPORT MEETING DATE: SEPTEMBER 21, 2009 AGENDA NO: IV.A. AGENDA ITEM: CONSIDERATION OF ACITY-INITIATED AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS (LDR), BY AMENDING SECTION SECTION 4.4.9(G), "SUPPLEMENTAL DISTRICT REGULATIONS", SUBSECTION (3), "FOUR CORNERS OVERLAY DISTRICT", SUB- SUBSECTION (E), "STANDARDS UNIQUE TO THE FOUR CORNERS OVERLAY DISTRICT", TO PROVIDE THAT CERTAIN AREAS ARE ELIGIBLE TO BE COUNTED TOWARD THE OPEN SPACE REQUIREMENT. ITEM BEFORE THE BOARD The item before the Board is to make a recommendation to the City Commission regarding acity- initiated amendment to Land Development Regulations (LDRs) that will allow required parking lot landscape areas to be counted in meeting the minimum open space requirement of the Four Corners 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/ANALYSIS This proposed amendment was previously reviewed and considered by the Planning and Zoning Board at their regular meeting on August 17, 2009. The Board voted unanimously to table the item to their September meeting. Concern was raised over not allowing "water bodies" to be included in the areas that could be applied to satisfy minimum open space requirements. The Board directed staff to determine if this was consistent elsewhere in the City. Staff has reviewed the definition of open space, and has determined that it does not allow "water bodies" to be applied to satisfy the minimum open space requirement. Following is the definition of Open Space as defined in Appendix A of the Land Development Regulations: All areas of natural plant communities or areas replanted with vegetation after construction, such as: revegetated natural areas; tree, shrub, hedge or ground cover planting areas; and lawns. Water bodies cannot be used to calculate open space areas (emphasis added). Water bodies are not allowed to be applied toward the minimum open space requirement anywhere in the City. However, as previously noted in the staff report on August 17, 2009, in all other areas of the city, open space calculations do allow the counting of internal parking lot landscape islands. Given the above, it would appear appropriate to allow the counting of parking lot landscaping, and not add water bodies to open space calculations to maintain overall consistency. Planning and Zoning Board Meeting, September 21, 2009 LDR Amendment -Four Corners Open Space 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 while there are no specific sections to which this amendment would be found consistent, the amendment is not inconsistent with the Comprehensive Plan. REVIEW BY OTHERS Courtesy Notices Courtesy notices were provided to the following homeowner and civic associations: ^ Neighborhood Advisory Council Letters of objection and support, if any, will be provided at the Planning and Zoning Board meeting. ALTERNATIVE ACTIONS A. Continue with direction. B. Move a recommendation of approval to the City Commission of the amendment to Land Development Regulations, Section 4.4.9(G), "Supplemental District Regulations", Subsection (E), "Standards Unique to the Four Corners Overlay District", to allow landscaping within parking lots to be counted toward meeting the minimum open space requirement, 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 4.4.9(G), "Supplemental District Regulations", Subsection (E), "Standards Unique to the Four Corners Overlay District", to allow landscaping within parking lots to be counted toward meeting the minimum open space requirement, by adopting the findings of fact and law contained in the staff report, and finding that the text amendment and approval thereof is inconsistent with the Comprehensive Plan and does not meet the criteria set forth in LDR Section 2.4.5(M) (motion to be made in the affirmative). RECOMMENDED ACTION Recommend approval of the amendment to Land Development Regulations, Section 4.4.9(G), "Supplemental District Regulations", Subsection (E), "Standards Unique to the Four Corners Overlay District", to allow landscaping within parking lots to be counted toward meeting the minimum open space requirement, 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 August 17, 2009 Planning and Zoning staff report 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: October 1, 2009 SUBJECT: AGENDA ITEM 10.C. -REGULAR COMMISSION MEETING OF OCTOBER 6, 2009 ORDINANCE NO.50-09 (FIRST READING/FIRST PUBLIC HEARINGI ITEM BEFORE COMMISSION Consideration of acity-initiated amendment to the Land Development Regulations (LDRs) that will provide a new definition for "Medical Offices" and that includes Special Requirements that regulate medical offices dispensing controlled substances. BACKGROUND Medical Office uses are allowed in various zoning districts within the City, including General Commercial, Central Business District, Planned Office Center, Professional and Office District, Planned Commercial Center, and the Mixed Residential Office and Commercial District. Normal operations and expectations of medical office uses include examinations by doctors and, should prescriptions be required, they would be filled off-site at a local pharmacy. Recently, "pain management clinics" have been established which provide not only the prescriptions, but also fill the prescriptions on-site. Following are highlights of the proposed ordinance: 1. The ordinance introduces a new definition for Medical Office, which includes services normally associated with medical offices (examinations and prescribing of medicines). 2. Clarifies that the existing definitions of Professional Offices and Business Office do not include Medical Offices. 3. Special Requirements are added for Medical Offices that prohibit on-site dispensing of controlled substances identified in Schedule II, III or IV in Sections 893.03, 893.035 or 893.036, Florida Statutes except as follows: . A health care practitioner when administering a controlled substance directly to a patient if the amount of the controlled substance is adequate to treat the patient during that particular treatment session. . A pharmacist or health care practitioner when administering a controlled substance to a patient or resident receiving care as a patient at a hospital, nursing home, ambulatory surgical center, hospice, or intermediate care facility for the developmentally disabled which is licensed in this state. . A health care practitioner when administering a controlled substance in the emergency room of a licensed hospital. . A health care practitioner when administering or dispensing a controlled substance to a person under the age of 16. A health care practitioner when dispensing aone-time, 72-hour emergency resupply of a controlled substance to a patient. 4. A relief option (appeal process). REVIEW BY OTHERS The text amendment was considered by the Planning and Zoning Board on September 21, 2009. The Board unanimously recommended approval on a 7 to 0 vote, by adopting the findings of fact and law contained in the staff report and finding that the amendment is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(M) of the Land Development Regulations. They conditioned their recommendation to require that the definition of "dispensing" be clarified. This has been achieved through an expanded exceptions area as noted above. The Downtown Development Authority (DDA) reviewed the ordinance at their meeting on September 21, 2009 and recommended approval with the following conditions: . That the City seeks the opinion of the Attorney General of the legality of this ordinance. . That the City contacts the legislative delegation and recommends state-wide legislation. . That the City explores the possibility to make this a nuisance activity (or some other prohibition) so that it is strengthened and not merely a matter of zoning. The Community Redevelopment Agency (CRA) reviewed the ordinance at their meeting on September 24, 2009 and did not support the amendment. They questioned the legality of regulating trade in this way and the basis for doing the amendment (i.e. newspaper articles, etc.). The Pineapple Grove Main Street committee will review the ordinance at their meeting on October 7, 2009 and the West Atlantic Redevelopment Coalition will review the ordinance at their meeting on October 14, 2009. The recommendations of those Boards will be presented at second reading. RECOMMENDATION By motion, approve Ordinance No. 50-09 on first reading for acity-initiated amendment to the Land Development Regulations, by adopting the findings of fact and law contained in the staff report and finding that the amendment is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(M) of the Land Development Regulations. ORDINANCE NO. 50-09 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, SY AMENDING SECTION 4.3.3, "SPECIAL REQUIREMENTS FOR SPECIFIC USES", SY ENACTING SUBSECTION (CELL), "MEDICAL OFFICES", TO PROVIDE FOR CLARIFICATION REGARDING THE DISPENSING OF NARCOTIC DRUGS; AMENDING APPENDIX "A" TO PROVIDE FOR DEFINITIONS RELATED TO THE REGULATION OF MEDICAL OFFICES; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the City of Delray Beach finds that it is in the best interest of the health, safety, and welfare of its residents, businesses, and visitors to enact regulations to provide for safer residential and commercial neighborhoods in the City; and WHEREAS, the City Commission finds that the illegal sale, use, and delivery of controlled substances is a threat to the health, safety and welfare of the residents of the City; and WHEREAS, the City Commission has recently been made aware by law enforcement and news reports that a pattern of illegal drug use and distnbution has been associated with pain management clinics in neighboring municipalities, which dispense on site narcotic drugs; and WHEREAS, the City Commission has also been made aware of numerous newspaper stories in the recent past descnbing a "pipeline" of trafficking drugs from South Florida pain management clinics to users in other states, such as Kentucky, West Virginia, and Ohio; and WHEREAS, the threat of increased crime associated with such clinics, is very significant and could undermine the economic health of the City`s development and redevelopment efforts; and WHEREAS, the Florida Legislature has attempted to deter such illegal drug use, distribution and activities by the creation of a secure and privacy-protected, statewide electronic system of monitoring prescription drug medication information, to encourage safer controlled substance prescription decisions and to reduce the number of prescription drug overdoses, deaths and related crimes; and WHEREAS, it is the intent of this Ordinance not to interfere with the legitimate medical use of controlled substances, but rather to prohibit the location of dispensing of narcotic drugs on site at medial offices, to the extent permitted by law; and WHEREAS, in the absence of regulations identifying where narcotic drugs may be dispersed, the Cites residents, visitors and businesses are more vulnerable to criminal actions, despite the provision of law enforcement services; and WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning Board reviev\ed the proposed text amendment at a public hearing held on September 21, 2009 and voted 7 to 0 to recommend that the changes be approved; and WHEREAS, pursuant to Florida Statute 163.3174(4)(c), the Planning and Zoning Soarcl, 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, SE IT ORDAINED SY THE CITY COM1Vi<SSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the recitations set forth above are incorporated herein. Section 2. That Appendix "A", "Definitions",of the Land Development Regulations of the City of Delray Beach, be and the same is hereby amended to read as follow: BUSINESS OFFICE Any commercial activity conducted primarily in an office, which does not involve the sale of commodities or goods on the premises. This definition does not include a Medical Office. MEDICAL OFFICE but not limited to technicians and assistants, who are acting Linder the supervision and control of a licensed health care practitioner. PHARMACY shall mean a retail establishment primarily offering_~oods for retail sale and on site dispersing of rescri tion nonprescri hp ~on dru,~s or both. A retail pharmacy may also offer accessory services such as photo processir~ e~~lass care, etc. 2 ORD. NO. 50-09 PROFESSIONAL OFFICES includes those vocations in which professed attainmealts in special lmowledge are practiced as distinguished from mere skills, and shall be limited to those professions so classified by the Laws of Florida, and which are conducted as professions and not as a trade or other business. PROFESSIONAL OFFICES do not include offices for the treatment of animals on the premises. This definition does not include a Medical Office. Section 3. That Section 4.3.3, "Special Requirements for Specific Uses ',of the Land Development Regulations of the City of Delray Seach, be and the same is hereby amended by enacting Subsection 4.3.3 (CELL), "Medical Offices", to read as follow: (CELL) Medical Offices: (1) Applicability Medical Offices shall be subiect to the following that particular treatment session (ii) A pharmacist or health care practitioner when administering a controlled substance to a patient or resident receiving care as a patient at a hospital, nursing home, ambulatory surgical center, hospice, or intermediate care facility for the developmentally disabled which is licensed in this state. (iii) A health care practitioner when administering a controlled substance in the emergency room of a licensed hospital. (iv) A health care practitioner when administering or dispensing a controlled substance to a person under the age of 16. (v) A health care practitioner when dispersing aone-time, 72-hour emergency resupply of a controlled substance to a patient. (2) A al. An meal from an administrative determination or board action, excluding the to the requirements listed in Section 2.4.7(E the applicant shall also list the following (a) If the applicant is a potential claimant under a federal or state law; and (b) That the applicant believes in good faith that the City through implementation of this section has intentionally or unintentionally violated federal or state law The laws the City has alle dly violated shall be identified ORD. NO. 50-09 (a) On site dispersing of controlled substances that are identified in Schedule II, III, or IV in Sections 893.03 893.035 or 893.036, Florida Statutes, is prohibited unless otherwise Section 4. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or ward be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid Section 5. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed Section 6. That this ordinance shall become effective immediately upon its passage on second and final reading PASSED AND ADOPTED in regular session on second and final reading on this the day of , 2009. ATTEST MAYOR City Clerk First Reading Second Reading 4 ORD. NO. 50-09 PLANNING AND ZONING BOARD STAFF REPORT MEETING DATE: SEPTEMBER 21, 2009 AGENDA NO: IV.C. AGENDA ITEM: CONSIDERATION OF ACITY-INITIATED AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS (CDR), BY AMENDING SECTION 4.3.3, "SPECIAL REQUIREMENTS FOR SPECIFIC USES", BY ENACTING SUBSECTION (CELL), "MEDICAL OFFICES", TO PROVIDE FOR CLARIFICATION REGARDING THE DISPENSING OF NARCOTIC DRUGS; AMENDING APPENDIX "A" TO PROVIDE FOR DEFINITIONS RELATED TO THE REGULATION OF MEDICAL OFFICES. 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 provides a new definition for "Medical Offices" and includes Special Requirements that prohibits medical offices from dispensing controlled substances. 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 City Commission has recently been made aware by law enforcement and news reports that a pattern of illegal drug use and distribution has been associated with pain management clinics in neighboring municipalities. There has also been an increase in local advertising for pain management clinics, including references to drugs sold on-site in alternative weekly newspapers, and also on fliers left at bus benches and on billboards. Also, several South Florida pain management clinics have been associated with a "pipeline" of drug trafficking that has lead to illegal drug use in other states, such as Kentucky, West Virginia and Ohio, according to recent newspaper articles. If located within the City, these types of uses would currently fall under Medical Office use. Medical Office uses are allowed in various zoning districts within the City, including General Commercial, Central Business District, Planned Office Center, Professional and Office District, Planned Commercial Center, and the Mixed Residential Office and Commercial District. Normal operations and expectations of this medical office use include examinations by doctors and, should prescriptions be required, they would be written and filled off-site at a local pharmacy. The "pain management clinics" provide not only the prescription, but also fill the prescription on-site. Following are highlights of the proposed ordinance: The ordinance introduces a new definition for Medical Office, which includes services normally associated with medical offices (examinations and prescribing of medicines) and will prohibit dispensing of specific medicines at the office. Clarifies that the existing definitions of Professional Offices and Business Office do not include Medical Offices. Planning and Zoning Board Meeting, September 21, 2009 LDR Amendment -Pain Management Clinics • Special Requirements are added for Medical Offices that prohibit on-site dispensing of controlled substances identified in Schedule II, III or IV in Sections 893.03, 893.035 or 893.036, Florida Statutes. • A relief option (appeal process) is added in the proposed ordinance. 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 applicable objective and policy are identified: Future Land Use Element Objective A-2 Reduce, and eventually eliminate, uses which are inconsistent with predominant adjacent land uses, and to insure compatibility of future development. Policy A-2.3 Development of remaining vacant properties shall occur in a manner which is consistent with and complementary to adjacent development regardless of zoning designations. This policy shall be implemented through the review process associated with platting and site plans. REVIEW BY OTHERS Courtesy Notices Courtesy notices were provided to the following homeowner and civic associations: ^ Neighborhood Advisory Council The following advisory boards will review the proposed amendment and their recommendations will be forwarded to the Planning and Zoning Board and/or City Commission, as follows: The Downtown Development Authority will review the ordinance at their meeting on September 21, 2009. The Community Redevelopment Area will review the ordinance at their meeting on September 24, 2009. The Pineapple Grove Main Street committee will review the ordinance at their meeting on October 7, 2009. The West Atlantic Redevelopment Coalition will review the ordinance at their meeting on October 14, 2009. 2 Planning and Zoning Board Meeting, September 21, 2009 LDR Amendment -Pain Management Clinics ALTERNATIVE ACTIONS A. Continue with direction. B. Move a recommendation of approval to the City Commission of the amendment to Land Development Regulations, Section 4.3.3, "Special Requirements for Specific Uses", by enacting subsection (CELL), "Medical Offices", to provide for clarification regarding the dispensing of narcotic drugs; amending Appendix "A" to provide for definitions related to medical offices, professional offices, business office and pharmacy, by adopting the findings of fact and law contained in the staff report, and finding that the text amendment and approval thereof is consistent with the Comprehensive Plan and meets the criteria set forth in LDR Section 2.4.5(M) C. Move a recommendation of denial to the City Commission of the amendment to Land Development Regulations, Section 4.3.3, "Special Requirements for Specific Uses", by enacting subsection (CELL), "Medical Offices", to provide for clarification regarding the dispensing of narcotic drugs; amending Appendix "A" to provide for definitions related to medical offices, professional offices, business office and pharmacy, by adopting the findings of fact and law contained in the staff report, and finding that the text amendment and approval thereof is inconsistent with the Comprehensive Plan and does not meet the criteria set forth in LDR Section 2.4.5(M) (motion to be made in the affirmative). RECOMMENDED ACTION Recommend approval of the amendment to Land Development Regulations, Section 4.3.3, "Special Requirements for Specific Uses", by enacting subsection (CELL), "Medical Offices", to provide for clarification regarding the dispensing of narcotic drugs; amending Appendix "A" to provide for definitions related to medical offices, professional offices, business office and pharmacy, 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 3 MEMORANDUM TO: Mayor and City Commissioners FROM: Ronald Hoggard, AICP, Principal Planner Paul Dorling, AICP, Director Planning and Zoning THROUGH: City Manager DATE: September 30, 2009 SUBJECT: AGENDA ITEM 10.D. -REGULAR COMMISSION MEETING OF OCTOBER 6, 2009 ORDINANCE NO.53-09 (FIRST READING/FIRST PUBLIC HEARINGI ITEM BEFORE COMMISSION Consideration of aCity-initiated amendment to the Land Development Regulations (LDRs), Section 4.6.7 (H)(10)(b), "Sponsorship Signs", to provide and clarify the related standards for sponsorship signs. BACKGROUND Last year, during the merger negotiations of the two Little League organizations operating within the City of Delray Beach into one organization, the difficulties of maintaining and adequately funding the associated budget was highlighted. Since sponsorship and related advertising opportunities at the ball fields themselves provide a unique opportunity to creatively generate this needed revenue, the City amended the sign code to add regulations for "Sponsorship Signs." The amendment, which allows the signs to the installed on the outfield fence of any ball field from March 1st through December 1st of each year, was approved by the City Commission on April 1, 2008 via Ordinance No. 13-08. The proposed amendment to Section 4.6.7 (H)(10)(b) "Sponsorship Signs", will allow sponsorship signs to be placed on the fences surrounding any sports fields within the city as long as the advertising is not visible outside the sports field area. This will allow organizations of other sports, such as soccer and football to also take advantage of this opportunity to raise revenue. Since these other sports have different seasons than little league baseball, the date restriction has also been removed. REVIEW BY OTHERS The text amendment was considered by the Planning and Zoning Board on September 21, 2009. The Board unanimously recommended approval on a 7 to 0 vote, by adopting the findings of fact and law contained in the staff report and finding that the amendment is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(M) of the Land Development Regulations. No one from the public spoke on this item. RECOMMENDATION By motion, approve on first reading Ordinance No. 53-09 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 N0.53-09 AN ORDINANCE OF THE CITY COMNi<SSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS BY AMENDING SECTION 4.6.7, "SIGNS", SUBSECTION 4.6.7(H)(10)(b), "SPONSORSHIP SIGNS", IN ORDER TO PROVIDE STANDARDS FOR SAME; PROVIDING A SAVING CLAUSE, A GE NE RAL 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 September 21, 2009 and voted 7 to 0 to recommend that the changes be approved; and WHEREAS, pursuant to Florida Statute 163.3174(4)(c), the Planning and Zoning Board, sitting as the Local Planning Agency, has determined that the change is consistent with and furthers the goals, objectives and policies of the Comprehensive Plan; and WHEREAS, the 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 Section 4.6.7, "Signs", Subsection 4.6.7(H)(10)(b), "Sponsorship Signs", of the Land Development Regulations of the City of Delray Beach, Florida, are hereby amended to read as follow: (b) Sponsorship Signs 1. Sponsorship signs maybe attached to the inside face of the fence surrounding the field at any ball snorts field within the City so long as the advertising on the signs is not visible outside of the sports field area. ~'~-~~ "~~~-~'~ ~ er~~~ 2. Each sponsorship sign shall not exceed thirty-tom square feet (32 sq. ft.). Section 2. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or ward be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed Section 4. That this ordinance shall become effective immediately upon its passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the day of , 2009. ATTEST MAYO R City Clerk First Reading Second Reams 2 ORD. NO. 53-09 PLANNING AND ZONING BOARD STAFF REPORT MEETING DATE: SEPTEMBER 21, 2009 AGENDA NO: IV. F AGENDA ITEM: AMENDMENT TO LAND DEVELOPMENT REGULATIONS SECTION 4.6.7 "SIGNS", SUBSECTION 4.6.7(H)(10)(b) "SPONSORSHIP SIGNS", PROVIDING AND CLARIFYING RELATED STANDARDS. 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 Section 4.6.7 (H)(10)(b) "Sponsorship Signs", pursuant to LDR Section 2.4.5(M). Pursuant to Section 1.1.6(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 ANALYSIS Last year, during the merger negotiations of the two Little League organizations operating within the City of Delray Beach into one organization, the difficulties of maintaining and adequately funding the associated budget was highlighted. Since sponsorship and related advertising opportunities at the ball fields themselves provide a unique opportunity to creatively generate this needed revenue, the City amended the sign code to add regulations for "Sponsorship Signs." The amendment, which allows the signs to the installed on the outfield fence of any ball field from March 1St through December 1St of each year, was approved by the City Commission on April 1, 2008 via Ordinance No. 13-08. The proposed amendment to Section 4.6.7 (H)(10)(b) "Sponsorship Signs", will allow sponsorship signs to be placed on the fences surrounding any sports fields within the city as long as the advertising is not visible outside the sports field area. This will allow organizations for other sports, such as soccer and football to also take advantage of this opportunity to raise revenue. Since these other sports have different seasons than little league baseball, the date restriction has also been removed. 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. RECOMMENDED ACTION By motion, recommend to the City Commission approval of the amendment to the Land Development Regulations Section 4.6.7 "Signs", Subsection 4.6.7(H)(10)(b) "Sponsorship Signs" to provide and clarify the related, 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. Attachment: ^ Proposed Ordinance MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: September 30, 2009 SUBJECT: AGENDA ITEM 10.E. -REGULAR COMMISSION MEETING OF OCTOBER 6, 2009 ORDINANCE NO.55-09 ITEM BEFORE COMMISSION This ordinance is before Commission for second reading to consider acity-initiated ordinance amending Chapter 96, "Fire Safety and Emergency Services", of the Code of Ordinances by amending Section 96.11, "Fire Safety Community Education", to provide for various fees for Fire Safety Community Education. BACKGROUND At the first reading on September 22, 2009, the Commission passed Ordinance No. 55-09. RECOMMENDATION Recommend approval of Ordinance No. 55-09 on second and final reading. Page 1 of 1 MEMORANDUM TO: Mayor and City Commissioners FROM: David C. James, Fire-Rescue Chief THROUGH: David T. Harden, City Manager DATE: September 21, 2009 SUBJECT: AGENDA ITEM 12.A. -REGULAR COMMISSION MEETING OF SEPTEMBER 22, 2009 ORDINANCE NO.55-09 ITEM BEFORE COMMISSION City Commission is requested to give consideration to Ordinance 55-09 amending Chapter 96 to provide for fees to be charged by the Delray Beach Fire-Rescue Department for Fire Safety Community Education; such fees to be set by Resolution. BACKGROUND This action will provide for fees to recover the cost of specially trained certified instructors and technicians required to deliver these programs. The funding has been cut from the fire-rescue budget. The Community Education Programs include: Cardio Pulmonary Resuscitation (CPR) Training -The Fire Department proposes to raise the current fee of $25.00 per student to $45.00 per student. Child Passenger Safety Seat Program -The Fire Department proposes to establish a new fee of $50.00 per installation for this program. The City Attorney's office has prepared the necessary Ordinance for consideration by the City Commission. The Ordinance authorizes the above fees to be set by Resolution; a Resolution will be prepared to coincide with second reading of the Ordinance on October 6. RECOMMENDATION That the City Commission consider for adoption the recommendations of the Fire-Rescue Staff and approve the ordinance. http://miweb001/AgendasBluesheet.aspx?ItemID=2662&MeetingID=218 9/30/2009 ORDINANCE N0.55-09 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 96, "FIRE SAFETY AND EMERGENCY SERVICES", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, SY ENACTING SECTION 96.11. "FIRE SAFETY COMMUNITY EDUCATION", TO PROVIDE FOR VARIOUS FEES FOR FIRE SAFETY COMMUNITY EDUCATION; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE AND AN EFFECTIVE DATE. NOW, THEREFORE, SE IT ORDAINED SY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA: Section 1. That Chapter 96, "Fire Safety and Emergency Services", Section 96.11, "Fire Safety Community Education', of the Code of Ordinances of the City of Delray Beach, Florida, is hereby enacted to read as follow: The Fire Deparhnent may charge a fee for various Fire Safety COnlrrlulllty E ducation Services including but not limited to, the following. CPR classes and child safety seat checks. All fees for fire safety community education services shall be set by resolution. Section 2. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or ward be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed Section 4. That this ordinance shall become effective upon second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the day of , 2009. MAYOR ATTEST: CITY CLERK First Reading Second Reading MEMORANDUM TO: Mayor and City Commissioners FROM: David C. James, Fire-Rescue Chief THROUGH: David T. Harden, City Manager DATE: October 2, 2009 SUBJECT: AGENDA ITEM 10.E1 -REGULAR COMMISSION MEETING OF OCTOBER 6, 2009 RESOLUTION N0.54-09 ITEM BEFORE COMMISSION City Commission is requested to give consideration to Resolution No. 54-09 to establish fees charged by the Delray Beach Fire-Rescue Department for Fire Safety Community Education. BACKGROUND This action will provide for the cost of specially trained certified instructors and technicians required to deliver Fire Safety Community Education programs. The funding has been cut from the Fire-Rescue budget. The Community Education Programs include: Cardio Pulmonary Resuscitation (CPR) Training -Raise current fee of $25.00 per student to $45.00 per student. Child Passenger Safety Seat Program - Established a new fee of $50 per installation for this program. The City Attorney's office has prepared the necessary Resolution for consideration by the City Commission. RECOMMENDATION The the City Commission consider for adoption the recommendations of the Fire-Rescue Staff and approve the Resolution. RESOLUTION NO.54-09 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ESTABLISHING FEES FOR VARIOUS FIRE SAFETY COMMUNITY EDUCATION SERVICES; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Delray Beach recognizes the importance of providing the public with Fire Safety Community E ducation Services; and WHEREAS, the City Commission of the City of Delray Beach, Florida, desires to establish fees for those Fire Safety Community E ducation Services. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA: Section 1. That the City Commission of the City of Delray Beach, Florida, hereby establishes fees for various Fire Safety Community E ducation Services as provided below A. Fire Safety Community E ducation Services: 1. CPR Classes: $45.00 per student 2. Child Passenger Safety Seat Checks: $50.00 per seat Section 2. That the Fire Departmealt shall have the ability to waive and/or reduce the fees for child passenger safety seat checks if provided with evidence that the parent or guardian is part of an income- eligible program. Section 3. This resolution shall take effect immediately upon its adoption PASSED AND ADOPTED in regular session on this the day of , 2009. MAYOR ATTEST: CITY CLERK MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: September 30, 2009 SUBJECT: AGENDA ITEM 12.A. -REGULAR COMMISSION MEETING OF OCTOBER 6, 2009 ORDINANCE N0.43-09 ITEM BEFORE COMMISSION Consideration of Ordinance No. 43-09 revising the City's rate structure for drinking water to provide for more effective water conservation and a more equitable distribution of user costs through modifications to blocks and rates that reward low volume users and provide a meaningful economic incentive for high volume users to reduce monthly drinking water use. BACKGROUND As a result of a recently completed cost of service analysis of the City's utility systems, staff is recommending revisions to the City's drinking water rate structure. The current rate structure does not provide an effective economic incentive for high volume water users to reduce monthly usage. Under the current structure, the average increase between blocks is $0.22 or roughly 11%. With the lowest block rate set at $1.75, and the highest at $2.65, there is minimal economic incentive for high volume users to reduce use and, conversely, little reward for low volume users to continue their consumption behavior. In addition, the rate for strictly irrigation accounts is a flat charge per 1,000 gallons of metered use regardless of the magnitude of use and is included in the nonresidential customer class. The proposed rate structure averages $1.08 increase between blocks, or roughly 55%. In addition, the initial block of 0 - 3,000 gallons is included in the base fixed rate to assist those customers on fixed incomes. A supplementary block has been established between 3,000 and 12,000 gallons to coincide with the cap on sewer charges above which flow it can generally be assumed that usage is predominantly for landscape irrigation. Based on historic flows, it is anticipated that almost 80% of the City's residential customers will see their water bills decrease under the new structure. The irrigation rate for drinking water connections has been extracted from the nonresidential category to avoid the unintended consequence of negative effects on nonresidential customers as a result of the new rates. The irrigation rate remains a flat rate, but is increased by a factor of 25%. Our model reflects that a 20% reduction in irrigation use for customers with irrigation accounts will negate the impact of the rate increase. Other than the increase in the irrigation rate, the rate structure revisions result in a revenue neutral change. The City will receive no significant additional revenues to the Water & Sewer Fund as a result of the residential rate revisions. RECOMMENDATION Staff recommends approval of Ordinance No. 43-09 on first reading. ORDINANCE N0.43-09 AN ORDINANCE OF THE CITY COM1Vi<SSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 52, "WATER", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, SY AMENDING SECTION 52.34, "WATER RATES", SUBSECTION 52.34(5), TO PROVIDE FOR AN ADJUSTMENT IN RATES FOR FY 2010; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, to provide for accurate accounting of services, the City Commission desires to more accurately reflect the payment for services provided for the rendition of water services on a prorated basis. NOW, THEREFORE, SE IT ORDAINED SY THE CITY COM1Vi<SSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Title V, "Public Works", Chapter 52, "Water', Section 52.34, "Water Rates", subsection 52.34(5), of the Code of Ordinances of the City of Delray Beach, Florida, is hereby amended to read as follows: (5) Monthly rates. The monthly rates (except for fire hydrants as set forth in Sec. 52.03) for water furnished by the water facilities or plant of the City to customers within and outside the corporate lirrdts of the City, which unless otherwise indicated shall include the appropriate customer charges, capacity charges, and commodity charges for all customers, are fixed as shown in the following schedule: Type of Customer Residential Inside City Outside City Customer charge (per meter) 2.94 3.68 Capacity charge (charged to all 12.78 15.97 customers, per residential dwelling unit) Residential Inside City Outside City Commodity charge (all metered consumption per 1,000 gallons) Zero to 3,000 gallons 4~5 0.00 ~ 0.00 4,000 to 2&98912,000 gallons 4-94 1.25 x.43 1.56 ~98~te-~5-0~ 13,000 to X14 2.00 ~ 2.50 25,000 gallons 3(-989 26,000 to 50,000 gallons 2~2 3.50 2~9 4.38 Above 50,000 gallons 2~5 4.50 3-34 5.63 Nonresidential and Irrigation Customer charge (per meter) 2.94 3.68 Capacity charge (based upon meter size): 3 /4-inch rr~eter 12.78 15.97 1-inch meter 21.32 26.64 1-1 /2-inch meter 42.53 53.16 2-inch meter 68.08 85.10 3-inch meter 149.03 186.28 4-inch meter 268.20 335.25 6-inch meter 596.02 745.03 8-inch meter 1021.62 1277.02 10-inch meter 1617.64 2022.05 Commodity charge (all metered consumption per 1,000 gallons) Nonresidential 4~5 1.94 2~ 2.43 Imgation 2.43 3.04 Section 2. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed Section 3. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or ward be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid 2 ORD. N0.43--09 Section 4. That this ordinance shall become effective immediately upon its passage on the second and final reading PASSED AND ADOPTED in regular session on second and final reading on this day of October, 2009. MAYOR ATTEST: City Clerk First Reading Second Reading ORD. N0.43--09 MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: September 30, 2009 SUBJECT: AGENDA ITEM 12.B. -REGULAR COMMISSION MEETING OF OCTOBER 6, 2009 ORDINANCE NO.44-09 ITEM BEFORE COMMISSION Consideration of Ordinance No. 44-09 revising the City's rate structure for retail reclaimed irrigation water service to provide for a conservation incentive based on monthly volume of use. BACKGROUND As a result of a recently completed cost of service analysis of the City's utility systems, staff is recommending revisions to the City's retail reclaimed irrigation water rate structure. The current rate structure is a flat fee per 1,000 gallons of use regardless of the volume used. The revised rate structure creates a three tiered block rate structure to encourage conservation of the reclaimed water resource. While reclaimed water is a renewable and sustainable resource for irrigation water, it is a finite resource limited to the City's fair share of the capacity at the South Central Regional Wastewater Treatment & Disposal Board treatment plant. RECOMMENDATION Staff recommends approval of Ordinance No. 44-09 on first reading. ORDINANCE N0.44-09 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE CODE OF ORDINANCES, SY AMENDING CHAPTER 59, "RECLAIMED WATER", SECTION 59.09, "FEES, RATES AND CHARGES", TO PROVIDE FOR A RATE STRUCTURE IN THE RETAIL CUSTOMER RATE FOR RECLAIMED WATER; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, there is currently one fee for the use of reclaimed water by a retail customer; and WHEREAS, the City Commission desires to provide for a rate structure for the use of reclaimed water by a retail customer that will set forth different rates depending on the amount of reclaimed water usage. NOW, THEREFORE, SE IT ORDAINED SY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, THAT: Section 1. That the recitations set forth above are incorporated herein. Section 2. That Chapter 59, "Reclaimed Water'', Section 59.09, "Fees, Rates and Charges" is hereby amended to read as follows: Sec. 59.09 FEES, RATES AND CHARGES. (A) Qiarges for reclaimed water use will be based on metered flows and will be billed on a monthlybasis per one thousand (1,000) gallons in accordance with the following schedule: 1. Retail customer rate ........ ~:9~0 to 25,000 Gallons $1.00 26,000 to 50,000 Gallons $2.00 Above 50,000 Gallons $2.50 2. Wholesale customer rate .... 0.28 (S) Meter installation charges, when applicable, shall be as listed in Chapter 52, Section 52.32. (C) Capacity charge, when applicable, shall be as listed in Chapter 52, Section 52.34(5). Section 3. That should any section or provision of this ordinance, or any portion thereof, or any paragraph, sentence, or ward be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof, other than the part declared to be invalid Section 4. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby, repealed Section 5. That this ordinance shall become effective immediately upon its passage on the second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the day of , 2009. MAYOR ATTEST: City Clerk First Reading Second Reading 2 ORD. NO. 44-09 MEMORANDUM TO: Mayor and City Commissioners FROM: Jasmin Allen, Planner Paul Dorling, AICP, Director of Planning and Zoning THROUGH: City Manager DATE: October 1, 2009 SUBJECT: AGENDA ITEM 12.C. -REGULAR COMMISSION MEETING OF OCTOBER 6, 2009 ORDINANCE NO.51-09 ITEM BEFORE COMMISSION Consideration of aCity-initiated amendment to the Land Development Regulation Sections 2.4.3(K), to provide for the establishment of new fees and increases in certain existing fees. BACKGROUND Senate Bill (SB) 360, provides for the extension of any permit issued by the Department of Environmental Protection or a water management district that had an expiration date of September 1, 2008 through January 1, 2012. The Bill further applies this extension to include any related local government-issued development order or building permit, providing a written request for an "automatic" two-year extension is made to the authorizing agency no later than December 31, 2009. The amendment proposes a processing fee of $100.00 for the requests to cover review from the local government and preparation of approval correspondence. This amendment also proposes the creation of new building permit fees as well as increases in certain plan check fees in concert with the fee schedules of other municipalities and Palm Beach County. Additionally, the proposed amendment also provides for increases in the Fire-Rescue plan review fee schedule. REVIEW BY OTHERS The text amendment was considered by the Planning and Zoning Board on September 21, 2009. No one from the public spoke on the issue. The Board unanimously recommended approval on a 7 to 0 vote, by adopting the findings of fact and law contained in the staff report and finding that the amendment is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(M) of the Land Development Regulations. After the September 21 Planning and Zoning Board Meeting, a correction was made to the proposed water flow test fee to change the new amount to $150 rather than $100. RECOMMENDATION By motion, approve on first reading Ordinance 51-09 for a City initiated amendment to the Land Development Regulations Section 2.4.3(K), to establish new fees and modify others, 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: Ordinance No. 51-09 Planning and Zoning Board Staff Report of September 21, 2009 ORDINANCE N0.51-09 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 2.4.3, 'SUBMISSION REQUIREMENTS", SUBSECTION (K), "FEES" TO PROVIDE FOR THE ESTABLISHMENT OF NEW FEES AND INCREASES TO CERTAIN EXISTING FEES RELATED TO PERMITTING AND PLAN REVIEW; 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 September 21, 2009, and voted 7 to 0 to recommend that the changes be approved; and WHEREAS, pursuant to Florida Statute 163.3174(4)(c), the Planning and Zoning Board, sitting as the Local Planning Agency, has determined that the change is consistent with and furthers the goals, objectives and policies of the Comprehensive Plan; and WHEREAS, the 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 2.4.3, "Submission Requirements", Subsection (K), "Fees', of the Land Development Regulations of the City of Delray Beach, Florida, be and the same is hereby amended to read as follow: (K) Fees: Processing fees shall be collected for development applications. The fees shall be as established herein and as modified by ordinance of the City Commission. (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 Amendmealt $ 2,625 (b) Review of a ADA/DRI $ 0 Modification of a DRI $ 0 (c) Voluntary Annexation with Zoning $ 1,160 (4) (d) Rezoning of Land $ 2,100 (e) Modification of a SAD Ordinance to add a use or uses $ 2,100 (f) Conditional Uses, New Application $ 1,575 Modification requiring Soard Review $ 640 (g) Master Plans $ 1,275 (1) Master Plan Modification (5) (h) Formal review of a Sketch Plan [Section 2.4.1(5)] $ 640 (i) Similarity of Use $ 320 (j) Site Plan Review Class I (Non Impacting Modification) $ 115 Class II (Non Impacting with Soard Review) $ 240 Class III (NTinor Modification) $ 580 (1) Class IV (Major Modification) $ 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 $ 455 Class V Site Plan $ 640 Master Development Plan $ 640 Master Development Plan modification (5) Conditional Use $ 790 Conditional Use Modification $ 320 Certificate of Appropriateness for Minor Development $ 30 Certificate of Appropriateness for Major Development $ 280 2 ORD. NO. 51-09 (1) Plats NTinor Subdivision $ 960 (1) Major Subdivision $ 1,920 (1) Plat Recording Fee (3) (m) Abandonments Right-of-way $ 790 General Easements $ 390 Specific E asements $ 195 (n) Master Sign Program $ 160 (o) Variances Board of Adjustment $ 525 Historic Preservation Board $ 250 (p) Formal interpretation by the Board of Adjustment (per item) $ 65 (q) Certificate of Appropriateness by Board (14) NTinor Development $ 60 (2) Major Development $ 555 (r) Certificate of Appropriateness byStaff $ 0 (13) (s) Request for Historic Designation $ 60 (per property) Request for Qiange of Historic Designation or Classification $ 60 (per properly) (t) Hearingbefore the Board of Adjustment (per item) $ 65 (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 Qiange $ 1,575 (x) Waivers and Internal Adjustments $ 140 per request (6) $ 265 per request (7) (y) Appeals by Applicant $ 355 (8) 3 ORD. NO. 51-09 (z) Advertising (aa) Zoning Verification Letter Interpretation of existing LDRs Requiring Research for Previous Development Activity (bb) North Seach/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 (per document) (gg) Applicant's request for Postponement/Continuance (per request) (hh) Stand Alone Sars (per request) (9) $ 60 $ 130 plus $35 per hr in excess of 2 hrs $ 1,560 (1) $ 240 (10) $ 0 $ 60 $ 200 (15) $ 150 $ 75 $ 50 (ii) Automatic Extension Reauests (per Senate Sill 360) $ 100 (12) NOTES: (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. ft. (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 may be 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 Seach County, payable to Palm Seach County. (4) Fee maybe 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 mould apply for site plan modification 4 ORD. NO. 51-09 (6) For requests made during the site plan /master plan reviewprocess. (7) For requests made subsequent to the site plan /master plan reviewprocess. (8) Includes appeals of both administrative decisions and Soard 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. (11) Recording fees of any documents shall be paid by the Applicant. (12) T~ 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. (2) Plan Check Fees: (a) The Plan Check fee shall be paid when plans are submitted to apply for the applicable permit. The fee shall be equal to one-half (1 /2) of the permit fee [see item (3)]. This Plan Check fee shall be credited to the cost of the applicable permit at its time of issuance and is non refundable. (b) A QZange to Plans or Shop Drawings Fee of $75 ner discipline for the first sheet plus $1.00 per each additional sheet shall be charged for any Plans not submitted with the original permit application (c) A Master Plan Submission Fee of $1,500 shall be paid when the Master Plan for a project is submitted and is for Plan Review It is not part of the permit fee and is non refundable. (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: ORD. NO. 51-09 -- 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) NTitigation Verification Affidavit (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 Banner Permit $ ~5 30 $ 15 $ 150 $ 25 $ 2 / sq.ft. /face $ 20 Plus $ 2 / sq.ft. /face $ 50 each (h) Permits for newbuildingS and additions which include all the following items: Building Permit Electrical Permit Plumbing Permit Mechanical Permit Roofing Permit For permit activityvalued at $1,000 or less: -- 1VTinimum fee of: $ 50 -- Plus: $ 30 per required inspection -- Plus: $ 50 per reinspection (1) -- Plus: $100 /each change of contractor For permit activityvalued at $1,001 or more: 6 ORD. NO. 51-09 -- 1VTinimum 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, imgation: For permit activityvalued at $1,000 or less: -- 1VTinimum fee of: $ 40 -- Plus: $ 30 per required inspection -- Plus: $ 50 per reinspection (1) -- Plus: $100 /each change of contractor For permit activityvalued at $1,001 or more: -- 1VTinimum 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 lirrdted to: Site work Structural Pest Control Underground Fuel Tanks General Construction Subcontracts for General Construction For permit activityvalued at $1,000 or less: -- 1VTinimum fee of: $ 50 -- Plus: $ 30 per required inspection -- Plus: $ 50 per reinspection (1) -- Plus: $100 /each change of contractor For permit activityvalued at $1,001 or more: -- 1VTinimum 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 (lc) Moving of a building or structure: $ 400 7 ORD. NO. 51-09 (1) Demolition of single family residence: $100 Demolition of commercial structure: $ 250 for every 5,000 sq. ft. Demolition of commercial accessorybuilding. $150 per building Interior demolition for single family & commercial only; non structural: $200 (m) Drilling or Driving a Potable well: $ 70 (n) Q~ange-out Permits: A change-out permit is for work by a sub-trade contractor or qualified owner-builder which involves the repair or replacement of minor components. NTinor components include, but are not limited to, showers, sinks, water heaters, air-conditioning condenser units, air-handlers, heat strips, minor duct repair, electrical fixtures, electrical service upgrades, pool pumps, imgation 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 prescnbed herein. (r) All service stations, grocery stores, kidney dialysis centers, pham~acies, residential buildings with elevators, country clubs and/or clubhouses in residential commLUlities 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: e 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 ORD. NO. 51-09 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: Up to 2,000 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 (x) Floor Zone Determination $25 per property (~) Foundation Only Permit $1,200 single family $2,000 multi-family $3,000 commercial (z) Foundation Prep Work Only $300 residential $500 commercial (aa) Interior Build Out (pre-permit) $250 residential $350 commercial (bb, E arly Submission Fee 200 each (pre-certified site plan) (cc, Lost/Replacement Plans $150 plus printing costs (dd) Medical Gas Installation $80 minimum/each (ee) Custom Bathtub Inspection 200 each (ff) Open Perrrnt/PropertySegrch $15 per request (~~) Overtime Inspections $100 /hr 4 hr minimum) NOTE (1): Reasons necessitating additional inspection fees include, but are not lirrdted to: The work, or correction to previously inspected work, does not meet code requirements; 9 ORD. NO. 51-09 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 (4) Impact and Connection Fees: Impact and connection fees are paid at the time of issuance of a residential building permit or at the time of connection to the water or suer system, as applicable. (a) In lieu of Park Dedication Fee (residential development) [see Section 5.3.2(C)(1)] $500 per unit (b) Traffic Impact Fee: This fee shall be assessed pursuant to the Palm Seach County Traffic Impact Fee ordinance and shall be collected by the City at the time of issuance of appropriate building permits. (c) County Imposed Impact Fees: The following impact fees have been imposed Countywide by the Palm Seach County Commission. These fees shall be in the amount as established by that Commission and are to be paid at the time of issuance of building permits. -- Schools -- Regional Recreation Facilities (partial) Countywide fees which are not imposed due to the provision of services by the City of Delray Seach are: -- Local and Community Facilities -- LawEnforcement Facilities -- Fire and Emergency Medical Facilities -- Library Facilities (d) Water System Connection Fees: Refer to Section 52.31, City Code of Ordinances, for water system connection fees. Meter Installation QZarge: Refer to Section 52.32, City Code of Ordinances, for meter installation fees. (e) Suer System Connection Fees: Refer to Section 53.130(5), City Code of Ordinances, for residential and commercial sewer system connection fees. 10 ORD. NO. 51-09 (5) User Fees: User charges and storm water assessments are applied through monthly billings by the City. (a) Water System User Fees: See Chapter 52 of the Code of Ordinances of the City of Delray Beach, Florida (b) Storm Water Drainage Utility Fee: This fee is variable depending upon the type of use and amount of impervious area associated with its development. Please refer to Section 56.16 of the City Code for further information. (c) Sever System User Fees: See Chapter 53 of the Code of Ordinances of the City of Delray Beach, Florida. (6) Delray Beach Fire-Rescue Departmealt Fees: (a) The following formula, which is based on the valuation of the proposed v~rk, shall be used to determine plans review fees. $0.00 up to QZarge 0.5% total valuation of v~rk With a minimum of 9998 X9:99 50.00. (This v~rks out to $5.00 per thousand $100,000.00 dollars of value.) ~~~ nn~ .nn +,. C1large ~1y,rz-svv 00.00 for the first 9898 ~99;99~99 $100,000.00 and then charge 0.25% of the balance of the $100,001.00 to value. $250,000.00 ~99;99~~9~e QZarge ~ 1~z.w 75.00 for the first ~98;98~98 ~599;999:~9 $250,000.00 and then charge 0.125% of the balance of $250,001.00 to value. $750,000.00 +~-,,, ~,.,~,,,, F,.,. +~-,,, ~-,.,~.,,-,,,,, ~ ~599;99~~9~e QZarge ~1~ 1500.00 for the first ~599;99~99 ~999;999~9 $750,000.00 and then charge 0.0625% of the balance of the $750,001.00 to value. $2,000,000.00 ,.,~,,,, F,.,. +~-,,, ~-,.,~.,,-,,,,, ~ QZarge ~1 rl~rrww 2 281.25 for the first two rrullion and ~99~;999~ then charge 0.03125% of the balance of the value. $2 001 000 00 d , . an , up (b) Set forth below are examples of valuations and estimated correlating fees. 11 ORD. NO. 51-09 ESTIMATED VALUATION PLAN REVIEW FEES X4;999:99 10 000.00 and under $ 2&99 50.00 $ 100,000.00 $ ~9 500.00 $ 200,000.00 $ 437-.~9 750.00 $ 300,000.00 $ ~9 937.50 $ 400,000.00 $ X91,062.50 $ 500,000.00 $ X91,187.50 $ 600,000.00 $ X991,312.50 $ 700,000.00 $ X91,437.50 $ 800,000.00 $~9 9~991,531.25 $ 900,000.00 $z n~ v~5v 1,593.75 $1,000,000.00 ~1 r1y~rz zsvv 1,656.25 $1,100,000.00 ~1 r1y~rz v~ 1,718.75 $1,200,000.00 $ 991,781.25 $2,100,000.00 2 281.25 (c) Design Review A fee of €{$599) one hundred ($100.00) dollars will be charged for design review of drawings or specifications. This amount shall not be refunded (d) Civil Drawings. A fee of . ~ one hundred ($100.00) dollars will be charged for the plans review of all civil drawings. (e) Plan Revisions. The following fees shall apply to the various revisions and related services: 1. Pre-Permit NTinor Revision No charge. 2. Pre-Permit Major Revision: 10% of the original fee. 3. Post-Permit Revision: $5.00 per page, with a minimum fee of $20.00, except when value increases (then see schedule). 4. Restamp: $2.50 per page with a minimum fee of $10.00 5. Invalid Permits: 30% of the original fee. If construction has commenced, payment of a fee for the remaining construction is based on the 12 ORD. NO. 51-09 original schedule. (f) Water Flow Tests. A fee of . ~ one hundred fift~$150.00) dollars shall be paid for all flow tests performed byDelray SeachFire-Rescue on wet hydrants. (g) Fire Watch A fee equal to the overtime cost incurred by Delray Seach Fire- Rescue shall be paid for any Fire Watch (as defined by the Florida Fire Prevention Code) required by the Florida Fire Prevention Code or by the Fire-Rescue Departrr~ent. (h) Fire Departmealt Survey (Water Supply). There shall be a twenty-five ($25.00) dollar charge for any survey conducted by Delray Seach Fire-Rescue to establish the adequacy of water supply, distance to closest fire station, and/or any other pertinent insurance information. (i) Permits for Fire-Related Operations. There shall be a twenty-five ($25.00) dollar permit charge for hazardous operations included in Section ~6 1.12.20 of the Florida Fire Prevention Code, and identified by Delray Seach Fire-Rescue as requiring a permit. (7) Other Development Related Fees: (a) Radon Detection Fee: $ .01 per sq.ft. of the improvement (8) Exc 'ons: (a) Application and permit fees shall not apply to requests initiated by the City, any agency of the City, or by other units of govemmealt. (b) Waiver of payment of development application, plan check and permit fees may be granted by the City Manager upon a written request from eligible non profit and service organizations. Those organizations eligible for waiver consideration are: 1. Non profit organizations currently receiving a portion of their annual operating budget from the United Way and/or the City and possessing a 501C(3) designation from the State of Florida 2. Service organizations which elect to sponsor and participate in special event and/or fund raising activities that are of benefit to the general public. For this purpose, eligible organizations must provide in writing the extent of their involvement with the proposed activity. A group's physical presence (active involvement) during the event is required 13 ORD. NO. 51-09 (c) The waiver of fees is applied in the following manner: 1. Fees assessed Linder Section 2.4.3(x)(1), Development Applications, 100% of assessed fees maybe waived 2. Fees assessed under Section 2.4.3(x)(2) and (3), Plan Check and Permit Fees, no more than 70% of the assessed fees maybe waived 3. All fees maybe waived for the use of the Cites portable stage when used in conjunction with special event activities and activities held at City facilities. Section 3. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or ward be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid Section 4. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed Section 5. That this ordinance shall become effective immediately upon its passage on second and final reading PASSED AND ADOPTED in regular session on second and final reading on this the day of , 2009. ATTEST MAYO R City Clerk First Reading Second Reading 14 ORD. NO. 51-09 PLANNING AND ZONING BOARD MEMORANDUM STAFF REPORT MEETING OF: SEPTEMBER 21, 2009 AGENDA NO: IV.D AGENDA ITEM: CITY INITIATED AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS SUB-SECTION 2.4.3(x) "FEES", SUB-SUBSECTION (1) "DEVELOPMENT APPLICATIONS", SUB-SUBSECTION (2] "PLAN CHECK FEES", SUB-SUBSECTION (3) "PERMIT FEES", AND SECTION 6.3.3 "SIDEWALK CAFE, SUB-SECTION 8.3.3{A) "PERMIT AND FEES", PROVIDING FOR THE ESTABLISHMENT OF NEW FEES AND INCREASES TO CERTAIN EXISTING FEES. ITEM BEFORE THE'BOAR© ;_. __ --- --- The item before the Board is that of making a recommendation to the City Commission regarding a City initiated amendment to the Land Development Regulations (LDRs) to provide an application processing fee for "automatic" extension requests, the creation of new permit fees and increases in certain plan check fees pursuant to LDR Section 2,4.5(M). Pursuant to Section 1.1.6(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 ANALYSIS In conjunction with Senate Bill (SB) 360, approved on June 1, 2009, any permit issued by the Department of Environmental Protection or a water management district that had an expiration date of September 1, 2008 through January 1, 2012 is extended and renewed for a period of two {2) years. The Bill further applies this extension to include any related local government-issued development order or building permit. Written requests for an "automatic" two-year extension must be made to the authorizing agency no later than December 39, 2009. Such requests necessitate review from the local government and preparation of approval correspondence. As such, it is appropriate that a processing fee be assessed to cover staff's review costs. The amendment proposes a fee of $100.00 for each "automatic" extension request. The amendment also proposes the creation of new building permit fees as well as increases in certain plan check fees in concert with the fee schedules of other municipalities and Palm Beach County. Finally, a late renewal fee is established for delinquencies on sidewalk cafe permit fee renewals. 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. Planning and Zoning Staff Report -September 21, 2x09 LDR Text Amendment -Pertaining to Development Applications, Plan Check and Permit Fees - RECOIVIMENDE©ACTION By motion, recommend to the City Commission approval of the amendment to the Land Development Regulations Section 2.4.3(K)(1)(2)&(3) and Section 6.3.3 to establish new fees and modify others, 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. Attachment: Proposed Ordinance 2 MEMORANDUM TO: Mayor and City Commissioners FROM: Paul Dorling, AICP, Director Planning and Zoning THROUGH: City Manager DATE: October 1, 2009 SUBJECT: AGENDA ITEM 12.D. -REGULAR COMMISSION MEETING OF OCTOBER 6, 2009 ORDINANCE N0.52-09 ITEM BEFORE COMMISSION The item before the commission is approval of an ordinance authorizing the creation of local government neighborhood improvement districts as identified under Fla. Statute 163.506. If passed, individual districts could then be created by separate ordinances. BACKGROUND The creation of a neighborhood improvement district has been discussed as a possible solution to address unique situations like funding of ongoing maintenance of neighborhood improvements like those installed as part of Strategic Task Team neighborhood action plans. This can become a valuable tool particularly for neighborhoods who are required to maintain common elements or improvements and have only voluntary homeowners association without reliable budgets. One such example is Chatelaine subdivision. In 2008, the City finished installation of $150,000 of improvements associated with a Strategic Task Team neighborhood action plan. These improvements included landscaping and signage for three entrances; installation of sidewalks; a roundabout; and other traffic calming features, including chicanes and speed humps. These improvements were maintained by the City for the first year and then became the maintenance responsibility of the neighborhood. This neighborhood has a voluntary homeowners association which includes voluntary homeowner's dues. The neighborhood has been unable to collect sufficient dues to adequately fund this maintenance obligation, which is estimated to be approximately $10,000 annually. The association has now turned to the City for help. As it would be inappropriate for the City to assume maintenance of these types of improvements within individual neighborhoods, the City has explored alternatives including the creation of these neighborhood improvement districts which could assess ad valorem taxes to fund upkeep of neighborhood improvements. If passed, individual districts could then be created by separate ordinances. These ordinances would include the boundaries, size and name of the district, establish governing procedures, authorize the district to receive planning grants from the state, and allow the local government to levy an ad valorem tax on real and personal property up to 2 mills annually for implementation of associated district improvements. REVIEW BY OTHERS The proposed text amendment was not reviewed by the CRA (Community Redevelopment Agency) or DDA (Downtown Development Authority). Further, special courtesy notices were not transmitted to homeowner or civic associations given the general nature of the proposed text amendment. With the creation of individual districts, more specific notification and input will be sought. The Planning and Zoning Board reviewed the ordinance at their meeting of September 21, 2009. After expressing concerns over potential abuses (passing on additional tax burdens via this vehicle rather than general tax revenue processes where additional scrutiny is rendered) and a general reluctance to create any additional tax burdens, they unanimously recommended denial of the request on a 7-0 vote. RECOMMENDATION By motion, approve on first reading Ordinance No. 52-09, authorizing the creation of local government neighborhood improvement districts as identified under Florida Statute 163.506, 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). ORDINANCE N0.52-09 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE CREATION OF NEIGHBORHOOD IMPROVEMENT DISTRICTS SY THE ENACTMENT OF A SEPARATE ORDINANCE FOR EACH DISTRICT; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, Section 163.501, F.S., through Section 163.526, F.S., also lmown as the Safe Neighborhood Improvement Act (the "Act" ), provides a mechanism whereby local governmealts may create certain types of neighborhood improvement districts; and WHEREAS, the expressed purpose of such districts are to "promote the health, safety, and general welfare of [those] areas and their inhabitants, visitors, property owners, and workers; to establish, maintain, and preserve properly values and preserve and foster the development of attractive neighborhood and business environments; to prevent overcrowding and congestion; to improve or redirect automobile traffic and provide pedestrian safety; to reduce crime rates and the opportunities for the commission of crime; and to provide improvements in neighborhoods so they are defensible against crime"; ancl, WHEREAS, the Act provides a multi step process to create a Neighborhood Improvement District, beginning with the adoption of a local planning ordinance by a municipality authorizing the creation of a specific type of district; and WHEREAS, subsequent to the adoption of this local planning ordinance, the City Commission anticipates the consideration and adoption of a second ordinance providing for the actual creation of a Local Govemmealt Neighborhood Improvement District pursuant to Section 163.506, F.S.; and WHEREAS, the City Commission finds the adoption of a local planning ordinance as the first step towards the creation of Local Government Neighborhood Improvement District to be in the best interests of the citizens and residents of the City. WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning Board reviewed the proposed local planning ordinance at a public hearing held on September 21, 2009 and voted 7 to 0 to recommend that the changes be denied; and WHEREAS, pursuant to Florida Statute 163.3174(4)(c), the Planning and Zoning Soarcl, sitting as the Local Planning Agency, has deternuned that the change is not consistent with and does not further 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. The foregoing recitals are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Ordinance upon adoption hereof. Section 2. The City Commission of the City of Delray Beach, Florida hereby adopts this local planning ordinance pursuant to Chapter 163, Florida Statutes, authorizing the creation of Neighborhood Improvement Districts within the City. The City hereby further specifically authorizes the creation of a Local Govemmealt Neighborhood Improvement District pursuant to Section 163.506, F.S. Section 3. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, clause or ward be declared by a court of competent jurisdiction to be invalid such decision shall not affect the validity of the remainder hereof as a whole or part hereof other than the part declared 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 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. MAYOR ATTEST: City Clerk First Reading Second Reading 2 ORD N0.52-09 MEMORANDUM TO: Mayor and City Commissioners FROM: Jasmin Allen, Planner Paul Dorling, AICP, Director of Planning and Zoning THROUGH: David T. Harden, City Manager DATE: October 2, 2009 SUBJECT: AGENDA ITEM 12.D. -REGULAR COMMISSION MEETING OF OCTOBER 6, 2009 ORDINANCE N0.56-09 ITEM BEFORE COMMISSION Consideration of aCity-initiated amendment to the Land Development Regulation Section 6.3.3 "Sidewalk Cafe" Subsection (A) "Permit and Fees" to clarify the cost of a sidewalk cafe permit and to enact a late renewal fee charge. BACKGROUND Sidewalk cafe permits are issued for a period of one year from July 1st to June 30th. The proposed amendment clarifies the cost of permit applications when such applications are received after July 1st. Sidewalk permit applications received after July 1st until December 31st will pay the full cost of the permit fee. Any new permit receives after December 31st will pay one-half of the cost of the permit. The proposed ordinance also enacts a late renewal fee for renewal permits not submitted by July 1st. REVIEW BY OTHERS The text amendment was considered at the Planning and Zoning Board on September 21, 2009 in conjunction with the proposed permitting and plan check fee changes. At the Planning and Zoning Board meeting no one from the public spoke on the issue. The Board unanimously recommended approval on a 7 to 0 vote, by adopting the findings of fact and law contained in the staff report and finding that the amendment is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(M) of the Land Development Regulations. Following the Planning and Zoning Board meeting, upon a recommendation from the City Attorney this amendment was separated from the amendment pertaining to permitting and plan check fees as it dealt with a separate LDR Section. RECOMMENDATION By motion, approve on first reading Ordinance 56-09 for a City initiated amendment to the Land Development Regulations Section 6.3.3 "Sidewalk Cafe" Subsection (A) "Permit and Fees" to clarify the cost of a sidewalk cafe permit and to enact a late renewal fee charge, 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: Ordinance No. 56-09 Planning and Zoning Board Staff Report of September 21, 2009 ORDINANCE NO. 56-09 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 6.3.3, "SIDEWALK CAFE", SUBSECTION (A), "PERMIT AND FEES" TO CLARIFY THE COST OF THE SIDEWALK CAFE PERMIT AND TO ENACT A LATE RENEWAL FEE CHARGE; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHERF__.AS, pursuant to LDR Section 1.1.6, the Planning and Zoning Board reviewed the proposed text amendment at a public hearing held on September 21, 2009, and voted 7 to 0 to recommend that the changes be approved; and WHEREAS, pursuant to Florida Statute 163.3174(4)(c), the Planning and Zoning Board, sitting as the Local Planning Agency, has determined that the change is consistent with and furthers the goals, objectives and policies of the Comprehensive Plan; and WHEREAS, the 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 6.3.3, "Sidewalk Cafe", Subsection (A}, "Permit and Fees", of the Land Development Regulations of the City of Delray Beach, Florida, be and the same is hereby amended to read as follows: {A) Permit and Fees: It shall be unlawful fox any person to establish a sidewalk cafe at any site unless a valid permit to operate a sidewalk cafe has been obtained for that site, frorza the City pursuant to this Section. The permit shall be issued on a form provided by the City of Delray Beach. No permit shall be issued until all the requirements of this Section have been met. Permits shall not be transferable. (1) Each permit shall be effective for one year, from July 1st until June 34~'. Any new permit application received after July 1St until December 31St will pay the full cost of the permit fee and the permit shall expire June 30~' of the following year. Any new permit application received after December 315` will pay one-half of the cost of the permit fee and the permit shall expire June 30`h of the same year. (2} The sidewalk cafe application fee is one hundred dollars ($100.00). The permit fee is $3.40 per square foot of approved sidewalk cafe space. {3) Renewals of a Sidewalk cafe permit and payment of fees must be submitted and approved on or before July 1St of each year. {41 Late Renewal Fee: If a renewal payment is not submitted by July 1St, it shall be considered late and subject to a late £ee of ten-percent {10%~, Ulus an additional five-bercent_(S%) late fee if payment is not received by the first of each :m,~nth thereafter until paid,~rovided that the total fee shall not exceed twenty-pe,~ r~ 20%). If a renewal, payment is not submitted by July 1St? the City has the right to immediately cancel the Sidewalk Cafe permit upon written notice to the hermit holder. Section 3. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or ward be declared by a court of competent jurisdzction 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 MAYO R C1ty Clerk First Reading Second Reading ORD. NO.56-09 PLANNING AND ZONING BOARD MEMORANDUM STAFF REPORT MEETING OF: SEPTEMBER 21, 2009 AGENDA NO: IV.D AGENDA ITEM: CITY INITIATED AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS SUB-SECTION 2.4.3(x) "FEES", SUB-SUBSECTION (1) "DEVELOPMENT APPLICATIONS", SUB-SUBSECTION (2] "PLAN CHECK FEES", SUB-SUBSECTION (3) "PERMIT FEES", AND SECTION 6.3.3 "SIDEWALK CAFE, SUB-SECTION 8.3.3{A) "PERMIT AND FEES", PROVIDING FOR THE ESTABLISHMENT OF NEW FEES AND INCREASES TO CERTAIN EXISTING FEES. ITEM BEFORE THE'BOAR© ;_. __ --- --- The item before the Board is that of making a recommendation to the City Commission regarding a City initiated amendment to the Land Development Regulations (LDRs) to provide an application processing fee for "automatic" extension requests, the creation of new permit fees and increases in certain plan check fees pursuant to LDR Section 2,4.5(M). Pursuant to Section 1.1.6(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 ANALYSIS In conjunction with Senate Bill (SB) 360, approved on June 1, 2009, any permit issued by the Department of Environmental Protection or a water management district that had an expiration date of September 1, 2008 through January 1, 2012 is extended and renewed for a period of two {2) years. The Bill further applies this extension to include any related local government-issued development order or building permit. Written requests for an "automatic" two-year extension must be made to the authorizing agency no later than December 39, 2009. Such requests necessitate review from the local government and preparation of approval correspondence. As such, it is appropriate that a processing fee be assessed to cover staff's review costs. The amendment proposes a fee of $100.00 for each "automatic" extension request. The amendment also proposes the creation of new building permit fees as well as increases in certain plan check fees in concert with the fee schedules of other municipalities and Palm Beach County. Finally, a late renewal fee is established for delinquencies on sidewalk cafe permit fee renewals. 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. Planning and Zoning Staff Report -September 21, 2x09 LDR Text Amendment -Pertaining to Development Applications, Plan Check and Permit Fees - RECOIVIMENDE©ACTION By motion, recommend to the City Commission approval of the amendment to the Land Development Regulations Section 2.4.3(K)(1)(2)&(3) and Section 6.3.3 to establish new fees and modify others, 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. Attachment: Proposed Ordinance 2 MEMORANDUM TO: Mayor and City Commissioners FROM: R. Brian Shutt, City Attorney DATE: September 29, 2009 SUBJECT: AGENDA ITEM 12.F. -REGULAR COMMISSION MEETING OF OCTOBER 6, 2009 ORDINANCE N0.57-09 ITEM BEFORE COMMISSION The item before the Commission is Ordinance 57-09 which amends Section 113.15 of the Code of Ordinances by changing the beginning time for the on premise consumption of alcohol at an Alcoholic Beverage Establishment on Sunday mornings from 12:01 p.m. to 7:00 a.m.. BACKGROUND The City received an inquiry regarding its Sunday morning restrictions on alcoholic beverage sales and the possibility of changing the beginning time for on premises consumption of alcohol from 12:00 p.m. to 7:00 a.m.. Boynton Beach had recently changed its ordinance to allow for the sale and consumption of alcohol on Sunday morning starting at 7:00 a.m.. The proposed change only allows for the consumption of alcohol at Alcoholic Beverage Establishments, where such consumption is allowed, to begin at 7:00 a.m.. This ordinance does not change the time that alcohol may be sold for off premise consumption. RECOMMENDATION Staff recommends approval of Ordinance 57-09. ORDINANCE NO. 57-09 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 113, "ALCOHOLIC BEVERAGES" OF THE CODE OF ORDINANCES BY AMENDING SECTION 113.15, "HOURS OF SALE AND CONSUMPTION; EXEMPTION", TO ELIMINATE THE CURRENT RESTRICTION FOR THE CONSUMPTION OF ALCOHOL, ON PREMISES, ON SUNDAY MORNING, PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the ordinances of the City of Delray Beach currently prohibit the on premise consumption of alcohol on Sunday mornings prior to 12:00 p.m.; WHEREAS, the City Commission of the City of Delray Beach is aware that at least one other jurisdiction, adjacent to the City, allows the on premise consumption of alcohol on Sunday morning; WHEREAS, this proposed ordinance would only allow the on premise consumption of alcohol on Sunday morning, and not the sale of alcohol for off premise consumption; WHEREAS, the City Commission of the City of Delray Beach desires to eliminate the current restriction for the consumption of alcohol, on premises, on Sunday morning. 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 Chapter 113, "Alcoholic Beverages", of the Code of Ordinances is amended by amending Section 113.15, "Hours of Sale and Consumption; Exemption", to read as follows: Sec. 113.15. HOURS OF SALE AND CONSUMPTION; EXEMPTION (A) Hours of Sale and Consumption. It shall be unlawful (except as provided in division (B) below) for any person to sell, serve, consume or deliver, or permit to be sold, consumed, served or delivered any alcoholic beverage containing over one percent of alcohol by weight in the City during the following hours: From 2:00 a.m. to 12:01 p.m. on Sundays, and 2:00 a.m. to 7:00 a.m. on Mondays through Saturdays except only on January 1 when the closing hour shall be extended to 4:00 a.m. However, nothing provided in this Section shall prevent an alcoholic beverage, as defined in Florida Statute Chapter 561, from being sold and consumed on the premises of an Alcoholic Beverage Establishment be~innin~ at 7:00 a.m. on Sunday mornings. (B) Exemption for Serving and Consuming in Private homes. None of the above provisions shall apply to an individual serving and consuming (but not selling) any alcoholic beverage in his home after the closing hours established herein and during the hours set forth above. 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 City Clerk First Readi Second Reading MAYOR 2 ORD. NO.57-09