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11-03-09 Agenda Meeting
City of Del ray Beach Regular Commission Meeting RULES FOR PUBLIC PARTICIPATION Tuesday, November 3, 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 Public will be limited to three minutes or less. The Mayor or presiding officer has Hearings 7:00 discretion to 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 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 A. Atlantic High School Criminal .Tustice Academy Honor Guard Presentation of Colors 4. AGENDA APPROVAL APPROVAL OF MINUTES: A. October 6, 2009 -Regular Meeting B. October 13, 2009 -Workshop Meeting C. October 20, 2009 -Regular Meeting 6. PROCLAMATIONS: A. Recognizing Dan Bernheim - Delaire Charity Golf Tournament B. Recognizing and Commending Elizabeth Wesley for the "2009 Women of Courage & Achievement" recognition. C. Dr. Theodore A. Bush Day -November 8, 2009 7. PRESENTATIONS: A. NONE CONSENT AGENDA: City Manager Recommends Approval A. REQUEST FOR SIDEWALK DEFERRAL/951 IRIS DRIVE: Approve a request to defer the installation of a sidewalk along Iris Drive for the property located at 951 Iris Drive. B. ACCEPTANCE OF RIGHT-OF-WAY DEED/ALOHA CLEANERS:APprove and accept aright- of-way deed for Aloha Cleaners, located at 501 N.E. 2"d Street. C. EXTENSION OF TIME UNDER SETTLEMENT AGREEMENT/FRANK & NILSA McKINNEY & VILLAGE BY THE SEA, LLC v. THE CITY OF DELRAY BEACH: Consider approval of anextension of time until .Tanuary 31, 2010 under the Settlement Agreement dated December 16, 2008 to remove and relocate the tree house accessory structure. D. AGREEMENT/iJNITED STATES ENVIRONMENTAL PROTECTION AGENCY: Approve an agreement with the United States Environmental Protection Agency (USEPA) to become a promotional partner in the EPA WaterSense national program. E. AMENDMENT NO. 3 TO THE SUB-RECIPIENT HOUSING PARTNERSHIP AGREEMENT/DELRAY BEACH COMMUNITY LAND TRUST, INC.: Approve Amendment No. 3 to the Sub-Recipient Housing Partnership Agreement between the City and Delray Beach Community Land Trust, Inc. for 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). F. GRANT AWARD AND APPLICATION/FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT)/AGGRESSIVE DRIVING: Accept an award from the Florida Department of Transportation (FDOT) in the amount of $48,800.00 andapprove filing a grant application for implementation of an aggressive driving/speed enforcement program. G. RESOLUTION NO. 58-09: Approve Resolution No. 58-09 amending Resolution No. 55-09 which created the Budget Review Committee in order to change the name to the Financial Review Board and to expand the responsibility of the board. H. RATIFICATION OF THE SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ACTION: Approve and ratify the action of the South Central Regional Wastewater Treatment and Disposal Board at their quarter- Annual Meeting of October 15, 2009. L SPECIAL EVENT RE~UEST/HOLIDAY PAGEANT PARADE: Approve a special event request to endorse the Annual Holiday Pageant Parade co-sponsored by the Parks and Recreation Department and the Chamber of Commerce to be held on December 12, 2009 beginning at approximately 4:00 p.m. to 6:00 p.m., granting a temporary use permit per LDR Section 2.4.6(F) for the closure and use of Atlantic Avenue from Gleason Street and Andrews Avenue to N.W. 1st Avenue for parade route, and Miramar, Lowery Gleason and Andrews for parade set up from approximately 2:00 p.m. to 4:00 p.m., and authorize staff support for traffic control and security EMS assistance, barricading, trash removal/clean up and event signage. J. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period October 19, 2009 through October 30, 2009. K. AWARD OF BIDS AND CONTRACTS: 1. Contract award based on highest commission revenue to the City, to Vending Americas for snack vending machine services at various locations within the City 2. Contract award in the estimated amount of $18,000.00 to Alliance Linen d/b/a Gold Coastal Linen Service for linen rental service for the Delray Beach Municipal Golf Course Restaurant. Funding is available from 445-4715-572-52.22 (D B Municipal Golf Course/Operating Supplies/LTniforms/Linen Service). 3. Multiple purchase awards at an estimated annual cost of $264,200 to HD Supply Waterworks for the purchase of pipes, valves, and fittings and to Ferguson Enterprises, Inc. for water meter fittings and water line accessories for the City's irrigation system, underground water and sewer repairs and capital construction projects. Funding is available from various departmental operating budgets. REGULAR AGENDA: A. WAIVER REQUESTS/FIRE STATION NO. 3:Consider two ~) waiver requests associated with the Fire Station #3 project to increase the maximum driveway width from 36 feet to 48 feet 8 inches and decrease the minimum standard aisle width from 20 feet to 15 feetlocated on the north side of Linton Boulevard, 320 feet east of S.W. 8th Avenue at 651 Linton Boulevard. (Quasi-Judicial Hearin B. CONTRACT ADDITION (C.O. NO. 6) WEST CONSTRUCTION, INC./MILLER PARK IMPROVEMENTS:Consider approval of a Contract Addition (C.O. No. 6) in the amount of $74,550.00 to West Construction, Inc., for renovations to the Little Fenway Ball Field as part of the Miller Park Improvements Project. Funding is available from 334-4173-572-63.90 (General Construction Fund/Improvements Other/Other Improvements). C. RATIFICATION OF COLLECTIVE BARGAINING AGREEMENT/POLICE BENVOLENT ASSOCIATION (POLICE LIEUTENANTS): Consider ratification ofa Collective Bargaining Agreement between the City of Delray Beach and the Police Benevolent Association (Police Lieutenants). D. AGREEMENT/FUMERO LAW GROUP, P.A./ENVIRONMENTAL LEGAL SERVICES: Consider an annual agreement with the Fumero Law Groin, P.A., for legal services with respect to monitoring, reporting and limited representation regarding rule proposals, legislative initiatives and permitting associated with environmental issues affecting the City for an annual fee of $46,800.00. Funding is available from 441-5111-536-31.10 (Water and Sewer Fund/Professional Services/Legal). E. REQUEST FOR QUALIFICATIONS (RFQ)/VETERANS PARK/WORTHING PARK: Consider approving the Review Committee's rankings of responses to Requests for Qualifications (RFQ) for the Veterans Park Master Plan and Worthing Park design; and authorizing staff to enter into negotiations with the top firm for each RFQ. F. LANDSCAPE ARCHITECTURAL SERVICES/COTLEUR & HEARING, INC. (ATLANTIC AVENUE LANDSCAPE MEDIANS): Approve an agreement with Cotleur & Hearing, Inc., in the amount of $23,122.00 to provide landscape architectural services for Atlantic Avenue Landscape Medians. Funding is provided by a Keep Palm Beach County Beautiful Grant and the Community Redevelopment Agency (CRA). G. APPOINTMENTS TO THE FINANCIAL REVIEW BOARD: Appoint two ~) regular and one ~) alternate member to the Financial Review Board to serve terms ending .Tuly 3~1, 2010 and .Tuly 31, 2011. Based on the rotation system, the appointments will be made by Commissioner Gray (Seat #4~, Commissioner Fetzer (Seat #2) and Commissioner Gray (Seat #4~ H. APPOINTMENT TO THE POLICE ADVISORY BOARD: Appoint one ~) regular member to the Police Advisory Board to serve an unexpired term ending .Tuly 31, 2010. Based on the rotation svstem, the appointment will be made by Commissioner Fetzer (Seat #2). 10. PUBLIC HEARINGS: A. NONE 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. 58-09: Consider a privately-initiated rezoning from AC (Automotive Commercial) to GC (General Commercial) fora 1.73 acre parcel of land located at 1900 North Federal Highway, formerly known as Motorsport of Delray. If passed, a second public hearing will be held on November 17, 2009. 13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS: A. City Manager B . City Attorney C. City Commission OCTOBER 6, 2009 A Regular Meeting of the City Commission of the City of Delray Beach, Florida, was called to order by Mayor Nelson S. McDuffie in the Commission Chambers at City Hall at 6:00 p.m., Tuesday, October 6, 2009. 1. Roll call showed: Present - Commissioner Gary P. Eliopoulos Commissioner Fred B. Fetzer Commissioner Adam Frankel Commissioner Angeleta Gray Mayor Nelson S. McDuffie Absent - None Also present were - David T. Harden, City Manager Brian Shutt, City Attorney Chevelle D. Nubin, City Clerk 2. The opening prayer was delivered by Reverend Greg Fitch, Chief Chaplain with the Delray Beach Clergy Association. 3. The Pledge of Allegiance to the flag of the United States of America was given. 4. AGENDA APPROVAL. Mayor McDuffie noted the addition of Item 7.D., Presentations (ICMA Award . For the record, Mr. Eliopoulos stated Item 8.G., Agreement with Lintco, Inc. and noted that Lintco, Inc. is actually one of the properties of Ocean Properties which is a client of his. Mayor McDuffie stated there is additional information for Item 9.A., Conditional Use Reguest/Village at Delray. 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. 10/06/09 5. APPROVAL OF MINUTES: Mr. Fetzer moved to approve the Minutes of the Special/Workshop Meeting of September 15, 2009, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mr. Fetzer -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 22, 2009, 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. 6. PROCLAMATIONS: 6.A. Florida City Government Week -October 18-24, 2009 Mayor McDuffie read and presented a proclamation hereby proclaiming the week of October 18-24, 2009 as Florida City Government Week. Janet Meeks, Education Coordinator, came forward to accept the proclamation and gave a few brief comments. 7. PRESENTATIONS: 7.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. The caption of Resolution No. 44-09 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, RECOGNIZING AND COMMENDING BERNARD PARKER FOR THIRTY YEARS OF DEDICATED SERVICE TO THE CITY OF DELRAY BEACH. (The official copy of Resolution No. 44-09 is on file in the City Clerk's office.) Mayor McDuffie read and presented Resolution No. 44-09 and plaque to Bernard Parker for 30 years of service to the City of Delray Beach. Bernard Parker came forward to accept the resolution and plaque. 7.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. 2 10/06/09 The caption of Resolution No. 45-09 is as follows: office.) A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, RECOGNIZING AND COMMENDING CHARLES STRAVINO FOR THIRTY YEARS OF DEDICATED SERVICE TO THE CITY OF DELRAY BEACH. (The official copy of Resolution No. 45-09 is on file in the City Clerk's Mayor McDuffie read and presented Resolution No. 45-09 and plaque to Charles Stravino for 30 years of dedicated service to the City of Delray Beach. Charles Stravino came forward to accept the resolution and plaque. 7.C. RESOLUTION NO. 46-09: Approve Resolution No. 46-09 Recognizing and commending James Dalton for 30 years of dedicated service to the City of Delray Beach. Mayor McDuffie read and presented Resolution No. 46-09 and plaque to James Dalton for 30 years of dedicated service to the City of Delray Beach. James Dalton came forward to accept the resolution and plaque. Mr. Frankel moved to approve Resolution Nos. 44-09, 45-09, and 46-09, seconded by Mr. Fetzer. 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. 7.D. INTERNATIONAL CITY/COUNTY MANAGEMENT ASSOCIATION (ICMA) CONVENTION AWARD The City Manager stated this year the City did not send anyone to the International City Management Association Convention in order to save on expenses. He stated at that convention the City was presented the "Voice of the People Award" for Police services and overall services. The City Manager stated the "Voice of the People Award" is announced each year by the International City Management Association and National Research Center to the jurisdictions with the highest rated services according to a representative sample of their own residents. The City Manager stated to win for excellence the rating for service quality must be one of the top three among all eligible jurisdictions in 2008 and must reside in the top ten percent among over 500 jurisdictions in the national research center database of citizen surveys. He stated to win the transformation award the improvement and service quality rating must be significantly higher than the rating from the most recent prior survey conducted in that jurisdiction and larger than improvements shown in all other eligible jurisdictions in 2008. 3 10/06/09 8. CONSENT AGENDA: City Manager Recommends Approval. 8.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. The caption of Resolution No. 53-09 is as follows: 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 16205 SOUTH MILITARY TRAIL AND AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A". (The official copy of Resolution No. 53-09 is on file in the City Clerk's office.) 8.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 Pompey Park and the Delray Swim & Tennis Center through the Drowning Prevention Coalition of Palm Beach County. 8.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 (NSP1) funding. 8.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. 8.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. 8.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. The caption of Resolution No. 55-09 is as follows: 4 10/06/09 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, CREATING 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; PROVIDING AN EFFECTNE DATE. (The official copy of Resolution No. 55-09 if on file in the City Clerk's office.) 8.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. 8.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. 8_I. ANNUAL PROJECT 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. 8.J. SPECIAL EVENT REQUEST/23''d 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 2.4.6(F) 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. 8.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. 8.L. AWARD OF BIDS AND CONTRACTS: 1. Bid award to Tree Huggers Landscaping & Nursery, 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 10/06/09 Fund/Repair & Maintenance ServicesBeautification 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). Mr. Eliopoulos moved to approve the Consent Agenda, seconded by Mrs. Gray. 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. 9. REGULAR AGENDA: 9.A. CONDITIONAL USE REQUEST/VILLAGE AT DELRAY: Consider a conditional use request for Village at Delray, 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 S.W. 4th Street. (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 he spoke with Chuck Jeroloman, Brady Myers, Marc Woods from the Delray Beach Police Department, Maria Herrera from the Sun- Sentinel, Dorothy Ellington from the Delray Beach Housing Authority Board, Dr. Andre Fladell, Michael Weiner (Attorney), the Auburn Group, et al including but not limited to Brian Hinners, Tom Hinners, Dawn Guzzetta and Cito Beguiristain. In addition, he spoke with Dr. Victor Kirson, Gerry Franciosa, Chuck Halberg, Herman Stevens, Brian Shutt, Bill Wood, and Beth Johnston. Mrs. Gray stated she has spoken to Michael Weiner (Attorney), Lula Butler, Dawn Cedel and Brian Hinners of the Auburn Group, Captain Sims, Paul Dorling, Dr. Andre Fladell, Dean Longo, Delray Beach Heights Neighborhood, Southwest Steering Committee, Dorothy Ellington, Mackenson Bernard, Addie Greene, Tareka Gray, Barbara Norris, Dr. Henrietta Smith, Kenneth Gray, Alberta McCarthy, and Brian Shutt. Mayor McDuffie stated he spoke to Tom Hinners, Brian Hinners, Dawn Guzzetta, Cito Beguiristain, Connie Staudinger and Allan Schnier of the Auburn Group, Orlando Cabrerra who he discussed financing with who is Counsel for the Auburn Group, Stephen P. Auger, Executive Director of the Florida Housing Finance Corporation/Tallahassee, Paul Vincent, Wachovia Wells Fargo Senior Vice President of Lending/Financing Felicia Goldstein from Congressman Ron Klein's office, 6 10/06/09 Commissioner Jeff Koons, Commissioner Priscilla Taylor, Shannon Larock Bass (County Administrator), Michael Weiner (Attorney), Dorothy Ellington, Chuck Ridley, Joe Gray, Bill Wood, Officer Chuck Jeroloman, Diane Colonna, Lisa Bright, Southwest Neighborhood meeting of approximately 20 people that he was invited to by Chuck Ridley, and Maria Herrera. Mr. Eliopoulos stated he spoke with Marie Herrera, Dorothy Ellington, Chuck Halberg responded to an email, had a telephone conversation with Gerry Franciosa with regards to possibly meeting but did not meet, had a brief conversation with Andre Fladell about meeting with the developer but they did not meet, Diane Colonna and Francisco Perez-Azua from the CRA and afollow-up from the presentation that the Auburn Group made to the CRA Board, Lula Butler and Paul Dorling (City staff). Mr. Fetzer stated he met with various representatives from the Auburn Group such as Tom Hinners, Brian Hinners, Dawn Guzzetta, Cito Beguiristain, Michael Weiner (Attorney), had various discussions with City staff including Paul Dorling, Lula Butler, Maria Herrera with the Sun-Sentinel, Chuck Halberg, and various emails that he will forward to the City Clerk's office as part of public record. At this point, Mrs. Gray stated she also spoke with Gerry Franciosa and Dr. Victor Kirson. In addition, Mayor McDuffie stated he also spoke with Dr. Andre Fladell. Paul Dorling, Director of Planning and Zoning, entered the Planning and Zoning Department prof ect file #2009-221 into the record. Mr. Dorling stated this is a conditional use request to allow 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 S.W. 4tn Street. The property is 11.03 acres and is zoned RM (Medium Density Residential) and is the current site of the Auburn Trace development. Mr. Dorling stated this proposal does have some recent development history including a conditional use that was approved on April 1, 2008, and continues to be enforced fora 264 unit residential development which included 66 workforce housing units and the balance of 198 market rate rental units. This proposal now is to modify that approval to reduce the density to 192 rental units and out of those 192 residential rental units 15 would be workforce housing units at the low designation 60% AMI (Area Median Income) or lower and the balance of the project 177 units would also be at low-income level at 60% AMI (Area Median Income). Mr. Dorling stated there is no market rate units proposed as part of this project at this time. He stated the site plan proposal is similar to the previous one with the exception that they have again reduced the number of units; they have eliminated two buildings; and they have relocated a few of these to provide some open space throughout the development. Mr. Dorling stated the staff report identifies some issues that staff has with this and there are required findings that need to be made with this development. Staff has concern with three (3) areas: (1) inconsistency with the Comprehensive Plan, (2) inconsistency with the Land Development Regulations, and (3) inconsistency with the approved Southwest Neighborhood Plan. He stated Future Land Use Element Objective A-1 talks about uses should be complimentary and compatible with adjacent land uses 7 10/06/09 and the report identifies concerns with this development as well as its impact on adjacent developments as it relates to the fact that no market rate units are being provided. Also, staff finds it inconsistent with Future Land Use Element Objective Policy G1.7, which requires that future development in the CRA be in accordance with the provisions of that redevelopment plan. Mr. Dorling stated that redevelopment plan was developed through stakeholder meetings with the neighborhood and feedback was gathered through the planning process and several directives were identified in the plan and one of those was the provision of the diversity of housing choices for mixed incomes. He stated the original project included mixed-income and this project does not. 1VIr. Dorling stated the staff report goes into the history of the projects that did not include mixed-income and those are the developments of the past that are being torn down as failures. He stated the new thinking is that developments with mixed-income are successful. 1VIr. Dorling stated staff believes that the stability of the neighborhood will be affected negatively with a 100% low-income project. Also, Housing Policy Objective B-2 talks about the provision of housing types and the make-up of the developments and this project does not meet those criteria. Mr. Dorling stated with respect to compliance with the LDRs, the City has a density bonus program and this type of development was not envisioned when the density bonus program was created. Staff assumed that a developer would not step up and provide more than the minimum workforce housing components and as such the density bonus program which is in effect for anything over 12 units per acre (this development is 17.4 units per acre) states "that for every workforce housing unit the developer builds a calculated number of market rate units greater than that would be allowed otherwise may be built". Mr. Dorling stated even if the City were to accept the base 12 units per acre at 100% affordable which in normal scenarios is a combination of affordable and market rate units, this bonus program would require any of the bonus units (in this case 60 units) to be market rate units. He stated all these units are affordable units and it is inconsistent with the LDRs in that respect and is not eligible for the density bonus program which they are applying for through this conditional use. Mr. Dorling stated at a minimum the LDRs require that 60 of these units be market rate units and none are. He stated there is an emphasis throughout the density bonus program which talks about a mix of market rate and workforce housing units and the required ratio of workforce housing units being required to be consistent with those provided in the market rate component. He stated this is not consistent with the LDRs or the density bonus program. Mr. Dorling stated the applicant asserts that the plan is not specific that each and every development within the Southwest Plan should have an individual component. Mr. Dorling stated a development of this size given the size of the neighborhood should have a component whether you agree with the concept that it should be for individual smaller projects. Mr. Dorling stated this is a large project (192 units) and he believes it will have an effect on immediately adjacent developments of the 326 development approved to the south which includes amixed-income portion and a potential 344 units to the north for a total of 862 units. He stated the applicant mentions that there is no market for mixed-income projects at this time. 1VIr. Dorling stated they are correct that there is no market for mixed-income projects but with that said staff feels it would be appropriate for the market to return. However, Mr. Dorling stated you do not build something inappropriate and bad for the neighborhood just for the sake because we have the money at this time. He stated with regard to affordability, the applicant contends that this would 8 10/06/09 provide options not currently available. Mr. Dorling stated these options would be available under the current mixed-income scenario approved for this project which included 66 units of workforce component and it also would be provided with the potential 53 units that are provided for in the approved development to the south and potentially units to the north which would include a minimum of 29 units for workforce. This would be provided under amixed-income scenario which has historically provided a better quality of life for the residents within that development and the residents within the surrounding communities. Mr. Dorling stated the applicant makes the argument that this development will attract amixed-income of firefighters and police officers; however, he feels in reality people who already live in this neighborhood are more likely to gravitate to this development. If in fact that is the case, this would serve as a disincentive for the above type professionals to locate in this development. Also, he stated this type of development in the middle of a larger development would have a negative impact on adjacent developments (the one approved to the south as well as the development that will come before the Commission for approval to the north). Mr. Dorling stated he finds it highly unlikely that a market rate development would be successful immediately adjacent to this type of development. He stated the City could get a request in the future because the project that is approved to the south is not economically viable he would contend that we would get a request to do something similar to this on the property to the south because it does not work otherwise. Mr. Dorling stated if you do that and the City gets the same request to the north as well there will be potentially 877 rental units of a low-income category in the middle of this neighborhood and believes that it will be negative to that entire neighborhood. He stated in the report from the applicant it refers to this type of development in New York that created some positive effects to the land values next to it. Mr. Dorling stated we do not need to even consider that because we have history that says otherwise. He stated we have Auburn Trace at that site and that has not created a positive effect on property values and that has been there for 15 years. At its meeting of August 27, 2009, the Community Redevelopment Agency (CRA) considered the conditional use request and unanimously recommended denial; at its meeting of September 21, 2009, the Planning and Zoning Board also unanimously recommended denial because it failed to be consistent with the Comprehensive Plan, LDRs, and with the Southwest Neighborhood Plan. Staff recommends denial of this project. Michael Weiner, 10 S.E. 1st Avenue, Delray Beach (representing the applicant), stated the project is referred to as the Village of Delray and this project was granted a prior conditional use and a waiver. Mr. Weiner stated there have been some changes to the project and he briefly reviewed those changes. He stated the project is less density per unit per acre and there are more parking spaces per unit, much more open space and a decrease in the traffic trips. Mr. Weiner stated physically the City approved a larger project on this site and they have made it smaller. The most prominent feature of the new site plan is the green areas. He stated this is not the old project and is not Carver Estates. Mr. Weiner stated there are crime preventing policies such as background checks and 24-hour security. He stated there will be activities for the children and association with non-profit organizations will also be part of this project. 1VIr. Weiner 9 10/06/09 stated with regard to the waiver all four (4) criteria are met and they agree with all the conditions; however, he stated the one thing that has changed is the program will be built under a tax credit housing program that requires renters to qualify an income level of 60% of the Area Median Income (AMI) of Palm Beach County. Mr. Weiner stated the AMI is a sliding scale based on the number of family members in a family unit and recalculated every year (income level of up to $50,000.00 depending on the family size). He stated according to a market study the level of income includes about 70% of the people that are in a one mile radius. Mr. Weiner stated the fact that most families above this income level desire a form of homeownership rather than rental the project is inclusionary not exclusionary. He stated people who qualify for this project are mostly teachers, first responders, and municipal employees. Mr. Weiner made reference to the Consolidated Annual Performance and Evaluation Report (CAPER) which categorizes the mixed incomes (i.e. very low, low, and moderate). He stated their project is 60% of AMI and noted they have category #1 (very low) and #2 (low) covered and they have a substantial portion of category #3 covered (moderate). He stated to be mixed-income does not mean that you have to cover everyone who makes one dollar to tens of millions of dollars; it only means that you have to have a variety of incomes and this is what they have. Mr. Weiner stated people would receive income vouchers (Section 8). He stated if after you qualify and any family should exceed 60% of AMI, they are not asked to leave; it allows for upward mobility and noted you just qualify once. Mr. Weiner stated this program means that 70% of all households in the area will qualify. Mr. Weiner stated to classify this project as not having a mix of income is wrong. He stated the Southwest Plan states that it should retain existing housing choices and specifically identifies this particular project in areas being retained. Furthermore, Mr. Weiner stated the Southwest Plan states that residents that wish to remain in the area should have reasonable opportunities to return to the area once the development or redevelopment projects are completed. Mr. Weiner stated originally between Carver Estates and Auburn Trace there were more than 300 affordable units. He stated considering that Carver Estates will be replaced with only 192 units they are actually doing the minimum that the Southwest Plan requires in order to mitigate displacement. Mr. Weiner stated this particular rental project is part of a much greater plan for the Southwest area that would include other housing options for additional income categories. Mr. Weiner stated the staff analysis of the Comprehensive Plan and the staff analysis of Article 4.7 are wrong and noted they are mixed units. Mr. Weiner stated physically nothing has changed with this project except it has gotten smaller, better, and in a sense assisted those people who will be moving into this new project. He stated what has changed is a requirement in order to get funding under the American Recovery and Reinvestment Act (ARRA) to say that when people walk in they have to qualify at a certain level and is a qualification met by 7 out of 10 people in the area. Mr. Weiner stated in his opinion staff failed to analyze that they were mixed income and if they had realized that when they turned to the resources they found they would have understood that we fall under the same academic sources that both he and staff have quoted. He stated they are compatible with the Comprehensive Plan, they do meet the Southwest Plan and with regard to Article 4.7 they are below the number of units required. Mr. Weiner stated they meet all the requirements and he knows that the Commission understands the logic of how this cuts in favor of the community, the creation of jobs, the project, and the City's faith in those people who will be taking the 10 10/06/09 Southwest area forward. The following individual gave a brief rebuttal: Mr. Dorling stated Mr. Weiner talked about 70% of people qualifying for this project and asked if they will be accepting Section 8 vouchers in this project. Mr. Dorling stated if they do, it will affect the ability or desire for the 70% of the people to locate here. Cito Be~uiristain, Developer, stated those with Section 8 vouchers will be able to apply just like everyone else. He stated they are going to have an aggressive marketing campaign like they did previously with Village Square before the economy went down but they are going to reach out to the School Board who is a housing assistance partner in this development, with the Sheriff's office, the Delray Beach Police Department, the City, and the County to reach out to those essential employees to try to get as many essential workers as possible. He stated if a person with a Section 8 voucher applies and qualifies meeting all the background checks, etc. they will accept them and not discriminate against them. Mr. Weiner had no cross-examination. Mayor McDuffie stated if anyone from the public would like to speak in favor or in opposition of the conditional use request, to please come forward at this time. Gerry Franciosa, 939 Eve Street, Delray Beach, FL 33483, speaking as President of P.R.O.D. (Progressive Residents of Delrayl, stated after careful consideration of all the facts PROD's Board of Directors vote to support this development. Mr. Franciosa stated he and others personally visited the properties of Auburn Trace and the surrounding areas on several occasions. He stated the Auburn Group has over the past 20 years won 4 awards from the National Association of Homebuilders for building the finest affordable housing in the country. The Auburn Group has supported the City's non-profits with thousands of dollars in contributions to the Spady Museum, the TED Center, the Achievement Center, the Milagro Center, and supported the Southwest area's festivities. Mr. Franciosa stated the majority of funding for this project is being supplied by the Federal stimulus program money which amounts to $27 million which is earmarked for affordable housing. The Auburn Group has assured PROD that the money is available through the Florida Housing Finance Corporation. He stated the unemployment rate in Palm Beach County at the present time is currently over 10% and if the development moves forward Auburn has assured PROD that they will hire as many City construction related businesses as possible and as many City residents to work on the project that apply. Mr. Franciosa stated he recently sat through numerous budget hearings and the consensus was that the Commission would begin to look at how the City can raise additional revenues. He stated the Auburn Group estimated to PROD that the City will receive $1.5 million in revenue if the development goes forward. Mr. Franciosa urged the Commission to not exclude hard working individuals from affordable housing in an affordable neighborhood. This will be a new 11 10/06/09 modern facility with a clubhouse and a pool, new meeting rooms, new improved playgrounds, and across the street from this development are an elementary school, middle school, and high school. He stated the development will have 24-hour security and the entire community will be gated. Dorothy Ellington, President/CEO of the Delray Beach Housing Authority, stated this morning they received the proposal from Auburn Developers which attempts to solve the outstanding issues. Ms. Ellington stated although she feels this proposal is in line with what the Delray Beach Housing Authority has in mind, the official position of the Delray Beach Housing Authority can only come from the Board and noted she has called a special meeting of the Board for Thursday, October 8, 2009 to consider this proposal Ms. Ellington entered the proposed agreement into the record. Arthur O'Brien, speaking on behalf of PEACE (People En~a~ed in Active Community Efforts) Organization, 807 33''d Street, West Palm Beach, FL 33407, stated the PEACE Organization has 24 member congregations and the combined membership of these congregations are in the tens of thousands. Mr. O'Brien stated they are diverse ethnically, religiously, represent a broad range of financial incomes, and their mission is to work for justice in the community. He stated their leaders in congregations have been overwhelmed by the crisis in affordable housing and hard working people are suffering. Mr. O'Brien stated affordable housing for those with incomes of 60% and less of the Area Median Income (AMI) is a dire problem in this community and PEACE supports any initiative to tackle this crisis. Christina Morrison Pearce, 2000 South Ocean Boulevard #307, Delray Beach, FL 33483 (speaking as Vice Chairman of the Housing Leadership Council of Palm Beach County), stated the HLC was founded in 2006 by the Economic Council, the Business Development Board, and several of the Chambers of Commerce throughout the County including the Delray Beach Chamber of Commerce. Ms. Pearce stated these business leaders saw the dire need to provide and ensure a varied, orderly, decent and continuing stock of affordable housing of all types for the many industries and employers that the Economic Council, Business Development Board, and the Chambers work with on a daily basis to bring them to Palm Beach County. Ms. Pearce urged the Commission to approve this development. Betty Goodman, Delray Beach Housing Homeowners' Association, urged the Commission to really study this plan and come up with something that is good and appropriate for the neighborhood. Ms. Goodman stated in the past they have seen things that were supposed to be built but when they were built it was a different story. She stated there is enough traffic in this area and the children have to cross from Village Academy across the highway to get to their homes. Ms. Goodman stated this is a dangerous area and when the children are going to school and coming home from school it is not safe. Ms. Goodman stated she has lived in Delray Beach her entire life and has seen a lot of changes and a lot of things that have stayed the same. She stated the Delray Beach Homeowners' Association was told there would never be another Carver Estates. She stated if these buildings are built and not maintained we will have another Carver 12 10/06/09 Estates. Ms. Goodman stated the community is against this project. Stephanie Scott Johnson, Executive Director for the Mila~ro Center, stated she works with disadvantaged children and supports this project. She shared the project with many of her families who may qualify to live in this community. Ms. Johnson stated she has a petition with approximately 400 signatures of people who live in the Delray Beach community who wish to support this project. She stated everyone should have an opportunity to live in a beautiful, safe environment and one that promotes healthy families throughout our community. Ron Davis, representing the National Association of Minority Contractors of the South Florida Chapter, stated they support this project and have a commitment from the Auburn Group as well as the current builders to include minority contractors. Mr. Davis stated they have an interest in this project and in quality neighborhood development. He stated he represents contractors' interests in hiring local people and other subcontractors in this area have the opportunity to work with the general contractor. Mr. Davis stated this is a good viable community development project to revitalize and stabilize the southwest area of Delray Beach and looks forward to working with current builders as minority subcontractors and looks forward to hiring local persons who live in this area to work on this project. Officer Wesner, speaking on behalf of the Delray Beach Police Department, briefly spoke about CPTED (Crime Prevention Through Environmental Design) which he and other officers are part of and it is their standing that they would like to see for areas to be developed in viable communities that is going to bring a safe and positive overall employment in the City in general. Officer Wesner stated as stated by the Planning and Zoning Director this particular project is likely to impact 862 other units and it is the Police Department's standing that this project will potentially impact the entire City one way or another depending on the viability and how positive or negative effect of what takes place at this project. He suggested that the approval be put off until the project meets more of their concerns. Officer Wesner stated there are still a number of concerns that they have as crime prevention practitioners that have not been met (i.e. lighting, density issues, and the way the buildings are designed at this point they leave no defensible spaces of resident ownership). He stated these are important issues that come into play when you look at crime and the potential for crime to grow in the area. Officer Wesner stated as the CPTED team has looked at this including Officer Jeroloman, Lieutenant Woods, and numerous others from the Police Department, it is their concern that the project in general meets more of their concerns as far as environmental factors that can affect crime. Kevin Warner, 248 Venetian Drive, Delrav Beach, FL 33483, stated he likes elected officials who talk the talk and walk the walk Mr. Warner briefly discussed the transitional housing ordinances. He stated Fire Station #2 has had a lot of talk about being under funded, it is temporary, and that there are not as many vehicles during the budget meetings but when it came time to vote for the budget that individual Commissioner voted against the budget that the other four approved. In his opinion, Mr. 13 10/06/09 Warner stated that individual is more interested in getting re-elected than trying to find more money that could be used to adjust the situation. He stated the Commission has a chance to vote "yes" to $27 million, vote "yes" to a bigger tax base in town, and vote "yes" for more jobs for local roofers, electricians, construction workers, plumbers. Carolyn Zimmerman, 212 S.W. 2°d Avenue, Delray Beach, FL 33444, stated she has lived in the southwest area for several years and has watched the deterioration of different things that were built or became useless because nobody took care of them. She stated there was a plan from Auburn Trace and the Delray Beach Housing Authority to bring a mixed use of housing and now the plans have changed without the residents' knowledge. Miss Zimmerman stated this is 192 units and part of the current Auburn Trace approximately 400 units and noted this will bring close to 800 cars in front of three schools every day. She stated Auburn Trace already has many vacancies and needs to take care of what they already have. Miss Zimmerman stated if you drive around town on each street there is either a "for rent' or "for sale" sign right now. She stated Planning and Zoning Board, City staff, and the community that lives in the southwest and northwest area does not like this plan. Miss Zimmerman stated everyone liked the original plan which proposed mixed use and everybody was going to have something but now everything is turned around when they heard the stimulus package come along that now they can make some money. Rosetta Rolle, 301 N.W. 1St Avenue, Delray Beach, FL 33444 (President of the Delray Beach Voters League), stated she does not feel this is the right time for this project and urged the Commission to defer this project. Mrs. Rolle stated there are already too many vacant projects now and feels if the project remains vacant for too long it will become a slum. She urged the Commission to populate what they already have and take the stimulus money and do something with the infrastructure and then when the economy gets better the City can look at adding housing stock to Delray Beach. Mrs. Rolle urged the Commission to defer this prof ect for the good of all of Delray Beach. Ann Stacey-Wright, 102 S.W. 13th Avenue, Delray Beach, FL 33444 (President of the Atlantic Park Gardens Neighborhood Association), inquired about who will manage those additional apartments to make sure that we do not have what we have there now. Ms. Stacey-Wright stated there are signs by the road advertising rentals and 192 units will be built among rat-infested apartments and most importantly the number one pharmacy in the community (not CVS or Walgreens). She stated the development is so poorly managed that if you want to visit relatives you better do it during the day hours. Ms. Stacey-Wright stated that crime has increased to the point that those who are building new homes in the area have to hire security to protect them to make sure that everything is not taken away the night before. Ms. Stacey-Wright stated we are in a recession and asked if there is going to be some type of background check on those people who will rent these apartments. She asked if the studies include the selling of the vacant homes in the Atlantic Parks Gardens neighborhood and the vacant ones in Auburn Trace. She stated the traffic will increase significantly and there are three schools in the area transporting children in and out of the neighborhood and safety is an issue that has not been taken into consideration. Ms. Stacey-Wright stated it takes 3-8 14 10/06/09 minutes during peak hours to enter onto 12th Avenue from 1st Street, 4th Street, exiting from the two school drop-offs, and Auburn Trace. She stated it can take up to four traffic lights to make a left turn onto Atlantic Avenue to enter the I-95 ramp. Ms. Stacey-Wright stated the neighborhood is against this project and urged the Commission to deny this project at this time. Deborah Roundtree, 1129 S.W. 8th Street, Delrav Beach, FL 33444, expressed concern over what is going to be built in her backyard. She stated she had Carver Estates and Auburn Trace there and neither one were kept up to par. Herman Stevens, 221 S.W. 13th Avenue, Delrav Beach, FL 33444, stated the two entities that have an interest in this matter is the City and its residents and the other is Auburn Development. Mr. Stevens stated one's interest is purely financial and the other's interest is the citizens and the building of families and to have a healthy environment in which to do so. Mr. Stevens stated the decision to allow the Auburn Group to move forward should be based on the following (1) is the sole purpose of this endeavor to benefit Auburn's financial interests; what is the benefit to the City? (2) Does Auburn have to demolish the existing units and build new ones? (3) Is it more feasible to enter into an agreement to refurbish and remodel the existing structures? (4) What is the occupancy level of the existing structures? (5) If the project is approved and allowed to move forward what will happen to the existing structures on the Auburn land that are not going to be torn down and built back up? (6) How will the project impact future development in the area specifically where Carver Estates once stood and also the neighboring communities (7) If Auburn is allowed to go forward how many families are going to be displaced? (8) What will happen to these families while this proceeds forth? (9) What are Auburn's long range plans with regards to security? (10) What is the rush? Mr. Herman stated there are number of petitions that are against this project and urged the Commission to delay their vote. Michael Brown, 6036 N.W. 45th Terrace, Coconut Creek, FL (construction worker), stated he does not live in Delray Beach but works in Delray Beach, stated he worked for a company called Art Stone Construction and they did some work for the Auburn Group and he worked on the Boynton Bay project in Boynton Beach. Mr. Brown stated they were supposed to work on the Villages of Delray Beach and because of the economy it caused the project to not happen. He stated there are many people that are opposed to this project and others that are strongly in favor of it. Mr. Brown stated everybody has their point of view and everybody would like to see the things they would like to have happen. He stated as for him and his family and for many families that live in the community he works there and sees the conditions that are there. Mr. Brown stated he has seen many improvements in Auburn Trace and noted although it is not the most wonderful community but neither is the surrounding community. He stated he has not heard about any of the children crossing the street getting hit by any cars or buses. Mr. Brown stated mid-income people and low income people will come to this development. He stated he has been to Auburn Trace and the surrounding area late at night and noted some of the places are dirty because some of the people do not know how to take care of themselves and often times they are brought into a community like that it 15 10/06/09 just remains the same. However, Mr. Brown stated if you give the community something new and show them how to take care of it and it will be maintained. Mr. Brown stated he believes that this project can work in this community. Adalaine Wilson, 305 S.W. 10th Avenue, Delray Beach, FL 33444, opposes the project. Ms. Wilson stated this project will impact all residents, tourism, etc. Ms. Wilson stated this would be creating more of the same of what was already there and it had to be destroyed. She stated the proposed project will take us backwards because it offers no consideration for the surrounding community and for those people who are trying to maintain their property values. In addition, Ms. Wilson stated it offers no consideration to the elderly or consideration to the citizens who are not aware or not informed as to what is really going on. Vonnell Benes, 1145 Auburn Circle, Delrav Beach, FL 33444, stated she is a teacher and lives in Auburn Trace and is looking forward to the project happening. Ms. Benes stated the clubhouse area is currently dilapidated and the basketball courts are not in the greatest condition. She stated that project is going to give the kids a place to play, a daycare, and will make it look better to help bring more people in. Ms. Benes stated if she is a teacher and can live here then why can't other people come here. Sylvia Collins, 1145 Auburn Circle, Delrav Beach, FL 33444 (Auburn Trace stated she is a businesswoman and has lived in many places. Ms. Collins stated Auburn Trace is not the best place but it is not the worst place but it is the happiest place she has ever lived in. Abraham Wooten, 41 S.W. 14th Avenue, Delrav Beach, FL 33444, stated in order to know a city you have to live in the city. Mr. Wooten stated they are going to hire people to do the work from other cities and not from Delray Beach. In his opinion, Mr. Wooten feels that the Auburn Group only cares about its stakeholders. He urged the Commission to be fair and balanced on this decision. Michael Sneiderman, 2105 Lavers Circle Unit #211, Delrav Beach, FL 33444, stated he moved to Delray Beach and opened a business 15 years ago and at a meeting of the Chamber of Commerce where he was introduced to the town the Auburn Group was introduced to the town. Mr. Sneiderman stated as a business owner things are tough right now and it takes a company forward thinking like the Auburn Group to take a positive step that is going to bring jobs to guys like him and his family and all of the people he works with in this town. Mr. Sneiderman stated as a property owner and business owner in Delray Beach, he applauds the Auburn Group for taking this positive step in bringing this project to Delray Beach. Charles Reid, 4375 Sanctuary Lane, Boca Raton, FL 33431 (contractor for Current Builders), stated he understands the whole affordable housing from a contractor's perspective. Mr. Reid stated he has seen the transition of what was built 10- 15 years ago to what is being built now. He stated they built affordable, market rate, condominiums. Mr. Reid stated as far as the aesthetics it is as nice as what they build in 16 10/06/09 a market rate project. He stated he has been on a workforce development committee with AGC (The Associated General Contractors of America) for the last six years and what their committee does nationally is to try to rule out ways where they can get communities and people into the industry. Mr. Reid stated he is also on a Board called the National Center for Construction Education Research and this was the group that provided the material for apprenticeship programs that got New Orleans back on their feet. Mr. Reid stated in August 2009 nearly one out of three jobs was lost in construction. He stated he saw a sign that the jobless rate in Palm Beach County is 11.3% and noted that construction is approximately 25%. Mr. Reid stated his job is to create jobs within the community and would like to make sure that they make the commitment to have people hired such as small businesses, minority businesses, and women owned businesses in Delray and keep a certain number of the projects within Delray Beach. Pauline Moody, 609 S.W. 8tt' Avenue, Delray Beach, FL 33444, opposes the proposed project and briefly discussed the $27 million Federal funding. Ms. Moody stated you can't have one side of Auburn Trace built up and have the other side filthy. Mike Jackson, representing the Florida Gold Coast Minority Contractors Association, stated they oppose this project. Richard K Cara, 5161 N.E. 30tt' Avenue, Pompano Beach, FL (with Current Builders), supports the project and as a company they support education. He stated he is on the Current Builder's University Committee for education and has been under the AGC apprenticeship program as chairperson for the last seven years promoting education to trades people. Mr. Cara stated they just finished two affordable housing projects in Pompano and they are beautiful. He stated they will get the southwest community involved in the project and they set up a j ob fair when they went to Pompano and noted there were over 200 participants from the neighborhood and over 50 vendors and subcontractors looking for people and did employ people from the neighborhood. Mr. Cara stated they had an introduction to apprenticeship carpentry class that they provided the city, two introduction classes and out of the group 20 signed up for the class and out of that group two showed interest to join the AGC Apprenticeship Program in Hallandale Beach. Mr. Carr stated he told them if they would travel to Hallandale Beach they would support them and give them a scholarship. He stated they have been involved in the program for about 1'/z years and in four years they will be journeymen carpenters. Mr. Cara stated they look forward to working with the Southwest neighborhood and they want to involve the people there and give them something they can be proud of. Bunny Elrod, 302 S.W. 1St Avenue, Delray Beach, FL 33444 (President of the Merritt Park Homeowners' Association, was on the original Northwest/Southwest Planning Commission, and is currently on the Northwest/Southwest Steering Committee), spoke about the stimulus money and the speculation of the advisability of giving stimulus money at all. Ms. Elrod stated the Planning and Zoning Board, the City staff, and the community is opposed to this development. She stated the community was never consulted and they tried to speak with 17 10/06/09 the Auburn Group and they refused to meet with them. She stated this money is entrusted to Auburn Developers who already have a failed project in this same community. Ms. Elrod stated how do we explain aloes-income rental community where there is already aloes-income rental community built by the same developer that is an eye sore to the community and half empty. In addition, Ms. Elrod read into the record a letter written by Carolyn Clay, 1000 Ocean Terrace, Delray Beach. Bill Schiltz, 106 S.W. 7th Street, Delrav Beach, FL 33444, strongly opposes the Village of Delray development in the form now proposed. Mr. Schiltz stated the Southwest neighborhood agreed with Auburn's original proposal because it was supposed to be a mixed-use and mixed-income development. He stated the community envisioned a mix of apartments, townhouses, and single-family homes because that is what the developer promised. Mr. Schiltz stated people in the Southwest neighborhood do not want this development and do not feel we need it because on his block alone there are three properties for rent, three empty properties, and an empty lot. He stated yesterday he drove around the Southwest neighborhood to get a sampling of what is available and in ten blocks there were five properties for rent, five for sale, four empty houses, and sixteen empty lots. Mr. Schiltz urged the Commission to reject this proposal and stated they are willing to work with the Auburn Group to find common ground but they do not want it to turn into another Carver Estates. He stated to his understanding a new proposal has been put on the table this morning and feels the Southwest Neighborhood Association should get an opportunity to review that. Mr. Schiltz stated he does not reject the project and suggested that the Commission at least delay the vote and see what the new package contains. Jean DePonte, 201 S.W. 11th Avenue, Delrav Beach, FL 33444 (Atlantic Gardens is opposed to the proposed increased density; however, she stated it does not mean she is against low-income housing. Ms. DePonte stated we need a better proposal that would benefit all the residents of the Southwest neighborhood in Delray Beach at- large. She stated many of residents of the Southwest neighborhood as well as the land trust and CRA have major investments in this neighborhood. Ms. DePonte stated maintaining home values and future investment in this neighborhood is a major concern and also increased crime is a concern. She stated we need low-income housing but we also need single-family housing and some financial assistance to help people with homeownership. Ms. DePonte stated she understands there is stimulus money of $27 million with possibly an additional amount of $10 million available. She stated a lot of people can be helped with this money and jobs can be created; however, we first need the input of the community and what the community wants to see happen. Ms. DePonte stated there is additional acreage and we do not know what will be developed there and feels we need to know that beforehand because coupled with this proposal it will impact the community dramatically in the future. Richard T. Schaper, 645 Lakewoode Circle West, Delrav Beach, FL 33445 (The Hamlet), made reference to an article written by Maria Herrera in Saturday's Sun-Sentinel News and was ecstatic that Delray Beach is getting a huge infusion of cash from the stimulus money. Mr. Schaper stated he cannot believe that anyone would vote 18 10/06/09 "no" and turn down a $27 million project that would put many people in our city to work building homes. He stated this is what the stimulus money was intended for. Reverend Herbert Young, 407 S.W. 5t'' Avenue, Delray Beach, FL, 33444, stated he has lived in Delray Beach his whole life and has seen it grow. Mr. Young urged the Commission to vote "no" on this project because of the fact that when he was building his church on Lake Ida Road he had such a hard time getting the Commission to approve a conditional use because of the traffic. He stated he has three grandchildren that attend the school north of the proposed project and safety should be the primary issue. Reverend Young stated he travels this road constantly and bringing this project into this area will only be a threat to the children crossing the streets going to school and coming home. He stated we need places for people to live but this is the wrong place for this. Marsha Bean, Priest of St. Matthew's Episcopal Church, Delray Beach, stated as a religious leader in this community she stated one of her jobs is helping people see beyond what they cannot see and helping them do that together. She urged the Commission to vote "no" for this project to give them a chance to get together so that everyone together can see beyond what we do not see. Joe Gray, President of JEG Urban Planning Associates, speaking on behalf of the Southwest/Northwest Steering Committee, stated he had the privilege of drafting the plan in conjunction with several hundred community stakeholders who provided insight during that planning process. Mr. Gray stated the Southwest Plan was intended to provide a guideline for redevelopment of the southwest area and to ensure that the people who live in that community have a voice in the redevelopment process. He stated there were two things that permeated all of their discussions after approximately a year of meetings. One was livability and the community wanted to make sure that whatever happened there that the place would be a livable community that they would be comfortable in and the second was self determination. Pastor Barr, St. Paul Missionary Baptist Church, 46 S.W. 10th Avenue, Delray Beach, stated he is not a resident of Delray Beach and asked the Commission to consider the aftermath. Pastor Barr asked if the Commission is ready to move forward if the people who have elected and trusted the Commission are divided. Chuck Ridley, 210 N.W. 2"a Avenue, Delray Beach, FL 33444, stated he loves the Southwest section and asked to sit down with the Auburn Group to work this out to find the middle ground. Mr. Ridley stated he wants jobs for people in his community and noted they do not want to saturate their neighborhood with affordable housing not knowing what is going to happen with the 18 acres of Carver Estates or knowing what is going to happen on the remaining 19 acres of Auburn Trace and the proposed project is 11 acres. Mr. Ridley asked for the 18 acres back and noted this is the public's land. He stated the $27 million will stimulate something for the community. 19 10/06/09 Dr. Victor Kirson, lives and is the President of the Board of Directors for Tierra Verde at Delray Beach (speaking for the 64,150 residents that are not resent stated a prominent Commissioner said at a lot of meetings that he hears 50 people speak at a meeting; he gets 200 emails but there is 64,200 residents out there. Dr. Kirson stated he wants the $27 million and the additional $10 million from the Auburn Group. He stated the residents want the jobs and they want to be able to pay for their cars, mortgages, and they want to see the businesses make millions of dollars out of this. Dr. Kirson stated he would like to see more for the residents and he is not giving up $37 million that the rest of Delray Beach can use. There being no one else from the public who wished to address the Commission regarding the conditional use request, the public hearing was closed. Paul Dorling Director of Planning and Zoning, stated the applicant's attorney discussed the 70% ratio and people who were qualified to live here and therefore it is truly a mixed income project. Mr. Dorling stated he raised the Section 8 issue to highlight the effect that this and similar factors would have on the reality of whether this truly becomes a mixed income project as represented by the applicant. He believes it will not. The applicant's attorney also indicated that it is not germane to address this development's impact on adjacent multi-family development. Mr. Dorling stated the Commission must consider the impact of this on adjacent properties as it is identified in the Future Land Use Element and Housing Element which requires that prof ects not have a negative effect on adjacent properties. He stated staff feels that a project that is not a mixed income project will have a negative impact in the surrounding properties. Mr. Dorling stated the density bonus program is an incentive program intended to encourage developers to build affordable owned units and rental housing within the City and for every workforce housing unit that the developer builds, a calculated number of market rate units greater than would be allowed can be built. Mr. Dorling stated this requires at a minimum this development to be consistent with that workforce housing section to have sixty (60) market rate units and noted it does not have any. Mr. Dorling stated this project is inconsistent with the Comprehensive Plan particularly objectives and policies in the Future Land Use Element, Housing Element, and the Southwest Neighborhood Plan. He stated this is a conditional use request for an increase in density pursuant to the workforce housing ordinance and is not consistent with LDRs or the workforce housing ordinance. Michael Weiner stated market rate units can take Section 8 vouchers and there is no protection in making these market rate units with respect to vouchers or no vouchers. He stated market rate in LDR Section 4.7.4. is not an obligation. Mr. Weiner stated LDR Section 4.7.4 which is the Southwest neighborhood only uses the word "bonus units". Mr. Weiner stated management is different than it was 20 years ago and they have larger reserves and they are not the Carver Estate program. He stated CPTED (Crime Prevention Through Environmental Design), they have a great Board, and that is where the CPTED items are worked out and noted they would like to work with the Police Department on whatever they have not met so far. Mr. Weiner stated the Commission is approving the conditional use and they can let the Site Plan Review and 20 10/06/09 Appearance Board take over that roll and let the applicant meet with the Police Department and satisfy them on whatever it is they would like with respect to safety and security. He stated this project brings safety and noted there will be security systems, alarms, security and guard services, and traffic calming. Mr. Weiner stated now all of these new kinds of items addressing concerns will be built and will take place. Mr. Weiner stated this is not $27 million of General Obligation money but is $27 million earmarked for this particular project. He stated there is a settlement agreement that takes back the 18 acres right and under those circumstances allow them to go forward knowing full well that the 18 acres will go back and the earmarked funds will go where they are supposed to go and noted that they meet the 26 requirements of that particular project and have mixed income. Commissioner Fetzer stated there was a lot of good public input on this public hearing and sincere comments from the residents. Mr. Fetzer stated this has been a difficult issue as we are faced with many difficult issues right now and have been faced with recently. Mr. Fetzer stated with regard to the $27 million stimulus money and whether we should leap at the opportunity to get that or consider the impact of what we are doing with this project on the neighborhood, he would prefer to do that. He stated he was on the Commission when they previously approved this project under different terms then what is being presented tonight. Mr. Fetzer stated staff, the Planning and Zoning Board, the Community Redevelopment Agency (CRA) recommends denial and staff points out that this is not consistent what is being proposed with the Comprehensive Plan, the Southwest Neighborhood Plan, the LDRs, and the Workforce Housing ordinance. Mr. Fetzer stated he is not an advocate of seeking the stimulus money under these circumstances. He feels this is a bad project for the way it is planned for this neighborhood and does not support it. Commission Frankel complimented staff on a great presentation; however, he stated Bill Nelson and the U.S. Treasury Department supports this project. Mr. Dorling stated they were asked to provide a letter of support as they are asked to provide letters of support for many items that they may not have the full details on. Mr. Frankel stated there are a lot of fears in the community near where the prof ect is and stated it was best stated by Mr. Stevens who asked several questions. Mr. Frankel feels that Mr. Stevens's questions wrapped up the community as a whole and their concerns. Mr. Weiner stated this project was approved much larger with greater density so physically on the ground a smaller project with more green area cannot produce an impact that was different than the project that the community supported before. Therefore, it comes down to whether or not people who earn 60% of AMI would in fact populate a new community and perpetuate what they saw or felt with respect to Carver Estates. Mr. Weiner stated (1) physically the project is no different only smaller, (2) maybe people are reacting emotionally to what the program is called and not to who actually lives there because it is themselves, (3) they are taking the extra step from a developer and from a management company that has been 95% occupied throughout its projects to go ahead and establish programs to make them feel comfortable because of their emotional reaction to the name of a program that gets it financed. Mr. Frankel stated this is a very difficult decision and during the election process he consistently heard from residents of the Southwest 21 10/06/09 neighborhood to make their area better. He stated he understands the concerns and noted that Mr. Dorling has brought up some significant points and residents of the area have as well. Mr. Frankel stated several months ago he met with people from the Police Department about the CPTED report done by an FAU professor who said the project was too dense and that there were no recreation areas and no green areas. Mr. Frankel stated he took the report and met with representatives from the Auburn Group and asked why this unbiased neutral third party feels this way. Mr. Frankel stated the Auburn Group took the report and made changes to traffic and parking issues in his view. In addition, Mr. Frankel stated they decreased the size and provided safety measures and in his view this is a whole different project than when it was first presented. He stated it is clear that the project will bring immediate jobs to the community and will bring tax dollars, permitting fees, and real estate tax revenue. Mr. Frankel stated this area will be good for local police, fire, local City employees, teachers, and clerks and feels there is a real need in the community for affordable housing for individuals and those are examples of the individuals. He stated the stimulus money is very important. He stated one of the things about the Southwest Plan is to beautify and make it better and the stimulus money will provide new sidewalks for the area, new lights for the area, new landscaping for the area, new curbs and gutters, and overall improves the infrastructure and he believes that helps stabilize the neighborhood. Mr. Frankel stated it has support from County Commissioner Jeff Koons, the U.S. Treasury Department, Senator Bill Nelson, and support from Barrack Obama who is willing to give our community $27 million. Mr. Frankel supports the project on the basis that Auburn pledges affordable housing for local people, pledges jobs for Delray local people, and that Auburn made a big step with the settlement agreement to give back the land. Therefore, Mr. Frankel stated he supports the project tonight. Mr. Eliopoulos stated he believes in the mixed use income and does not feel this is about Carver Estates and feels you have to look at the history of Auburn Trace and this is not the types of development we want in town. He stated he does not believe that it has a positive effect on the surrounding neighborhoods. Mr. Eliopoulos stated somewhere along the line there was 18 acres that was taken away from the Delray Beach Housing Authority. Commissioner Eliopoulos stated he does not have a problem with density as long as the project works but he has a problem with the first prof ect because he said he would not support reduced parking and they went to SPRAB and got it done. He stated this project may have fewer units but there are more cars. Mr. Eliopoulos stated if this project was designed the way it should be you would take the green space and put the housing units on the green space. Instead the whole development is a racetrack of cars and the green space is in the middle. He stated stimulus packages work if it is for the long-term and feels the community should not be sold out for the short-term. Mr. Eliopoulos stated the City will get the $27 million and they are going to build this and it is going to be low income and we will have to wait for other things to happen. Mr. Eliopoulos stated that is short-term and as much as this money is important to him he is not going to sell out the neighborhood for this. 22 10/06/09 Mrs. Gray thanked everyone who came out and spoke this evening. She stated she has canvassed and has spoken to the people in the Delray Heights neighborhood who will be directly affected by this project. Mrs. Gray stated some of these residents were aware of this project and some were not; some were concerned about drugs, crime, and poor management of the new development. One of staff's concerns was that this was going to be aloes-income project. Mrs. Gray stated when they first brought the mixed income change she was not in support of the project because she thought it would be another Carver Estates. She stated after doing her due diligence and speaking to Auburn and the Delray Beach Housing Authority she found out that the people that the Housing Authority was servicing were very low income and that is not what we are talking about in this project. Mrs. Gray stated the very low income that the Delray Beach Housing Authority was servicing was from $0-$13,000.00 and the majority of those people did not have an income. This project is for low income not very low income. Mrs. Gray stated low income in Palm Beach County is from $23,000.00- $69,000.00. She stated she qualifies and believes that over 90% of people in the audience also qualify. Mrs. Gray stated this summer she has been out with family members and friends looking for affordable rentals. She stated these units will be rented from $700.00- $1,200.00 amonth and noted that is not low income but is affordable. Mrs. Gray stated this project will also create jobs in the community such as plumbing and electrical and it is also going to support some of our businesses in this area. One of the conditions is that we hire minorities and she believes we are going to hold them to this. Mrs. Gray stated for those reasons she supports this project. Mayor McDuffie thanked everyone who spoke this evening. He stated there is no physical difference between a market rate development and an affordable development. Mayor McDuffie stated he has checked with Auburn regarding why there are no market rate units in this project. It is because in today's market you cannot get that project financed because no one will loan you the money. He stated he had a conference call with Orlando Cabrerra who used to be a high ranking official in HUD (Housing and Urban Development) who informed him that you cannot get mixed market and tax credits financed. Mayor McDuffie stated he also spoke to Stephen P. Auger, Executive Director of the Florida Housing Finance Corporation/Tallahassee regarding this issue. Mr. Auger informed him that this project is not viable in this marketplace because in the State of Florida the revenue generated by the additional rental on the market rate units will not make up for the loss in the tax credit units and therefore the lenders will not make the loan because they do not trust the loan. Mayor McDuffie stated he recognizes that the economic times have changed for us as a city and through his research the economic times have changed dramatically on behalf of the lenders as well. He stated the first project was a 266 market rate unit development that would not get financed. Mayor McDuffie stated to an extent tonight the Commission has come here to follow through with a promise that was made to the Southwest community and to give them some affordable properties that need quality safe housing. Mayor McDuffie stated we need to hold Auburn's feet to the fire. Mayor McDuffie stated he informed Auburn that the project does not meet CPTED and asked them to call Officer Jeroloman of the Delray Beach Police Department and go through with him the CPTED requirements for the development. Mayor McDuffie stated at the time the site plan was dramatically 23 10/06/09 different and all of the units were clustered on the west side and the green space was on the east side. He stated he went back to Auburn disappointed in what he saw but Auburn told him he has not seen the site plan since they spoke to the CPTED officer which is the site plan Mayor McDuffie is currently looking at where the green space was taken at the direction of the CPTED officers and split into three pieces and put into the center of the community so that there would be green areas for the children to play and it would be in different areas so that different age groups would be segregated to a certain extent. Mayor McDuffie asked Marc Woods to get a list of the things that were asked of Auburn and have not yet been provided. Mayor McDuffie stated the residents need to know who is going to monitor the 24-hour cameras. He stated this project is not perfect and can be improved upon between now and the time it becomes totally approved by the Commission. Mayor McDuffie stated approval of the conditional use approves the density of this project. Mayor McDuffie stated per his conversation with Congressman Klein's office, Commissioner Koons, and some of the other Commissioners in Palm Beach County, this is widely supported project on behalf of the politicians throughout this County and up to the Congressional representatives. Mayor McDuffie reiterated that although this is not a perfect project and he feels it needs to be looked at very stringently in the Site Plan Review and Appearance process but he supports this project this evening. 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. Frankel moved to approve the conditional use request for Village at Delray, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mr. Fetzer - No; Mr. Frankel -Yes; Mrs. Gray -Yes; Mayor McDuffie -Yes; Mr. Eliopoulos - No. Said motion was approved with a 3 to 2 vote, Commissioner Fetzer and Commissioner Eliopoulos dissenting. At this point, the time being 9:28 p.m., the Commission moved to Item 9.A.1. 9.A.1. WAIVER REQUEST/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) Chevelle D. Nubin, City Clerk, swore in those individuals who wished to give testimony on this item. Mayor McDuffie asked the Commission to disclose their ex parte communications. Mr. Frankel stated he spoke with Chuck Jeroloman, Brady Myers, Marc Woods from the Delray Beach Police Department, Maria Herrera from the Sun- Sentinel, Dorothy Ellington from the Delray Beach Housing Authority Board, Dr. Andre Fladell, Michael Weiner (Attorney), the Auburn Group, et al including but not limited to Brian Hinners, Tom Hinners, Dawn Guzzetta and Cito Beguiristain. In addition, he 24 10/06/09 spoke with Dr. Victor Kirson, Gerry Franciosa, Chuck Halberg, Herman Stevens, Brian Shutt, Bill Wood, and Beth Johnston. Mrs. Gray stated she has spoken to Michael Weiner (Attorney), Lula Butler, Dawn Cedel and Brian Hinners of the Auburn Group, Captain Sims, Paul Dorling, Dr. Andre Fladell, Dean Longo, Delray Beach Heights Neighborhood, Southwest Steering Committee, Dorothy Ellington, Mackenson Bernard, Addie Greene, Tareka Gray, Barbara Norris, Dr. Henrietta Smith, Kenneth Gray, Alberta McCarthy, and Brian Shutt. Mayor McDuffie stated he spoke to Tom Hinners, Brian Hinners, Dawn Guzzetta, Cito Beguiristain, Connie Staudinger and Allan Schnier of the Auburn Group, Orlando Cabrerra who he discussed financing with and who is Counsel for the Auburn Group, Stephen P. Auger, Executive Director of the Florida Housing Finance Corporation/Tallahassee, Paul Vincent from Wachovia Wells Fargo Senior Vice President of Lending/Financing Felicia Goldstein from Congressman Ron Klein's office, Commissioner Jeff Koons, Commissioner Priscilla Taylor, Sharon Bock, County Administrator, Michael Weiner (Attorney), Dorothy Ellington, Chuck Ridley, Joe Gray, Bill Wood, Officer Chuck Jeroloman, Diane Colonna, Lisa Bright, Southwest Neighborhood meeting of approximately 20 people that he was invited to by Chuck Ridley, and Maria Herrera. Mr. Eliopoulos stated he spoke with Marie Herrera, Dorothy Ellington, Chuck Halberg responded to an email, had a telephone conversation with Gerry Franciosa with regards to possibly meeting but did not meet, had a brief conversation with Andre Fladell about meeting with the developer but they did not meet, Diane Colonna and Francisco Perez-Azua from the CRA and afollow-up from the presentation that the Auburn Group made to the CRA Board, Lula Butler and Paul Dorling (City staff). Mr. Fetzer stated he met with various representatives from the Auburn Group such as Tom Hinners, Brian Hinners, Dawn Guzzetta, Cito Beguiristain, Michael Weiner (Attorney), had various discussions with City staff including Paul Dorling, Lula Butler, Maria Herrera with the Sun-Sentinel, Chuck Halberg, and various emails that he will forward to the City Clerk's office as part of public record. At this point, Mrs. Gray stated she also spoke with Gerry Franciosa and Dr. Victor Kirson. In addition, Mayor McDuffie stated he also spoke with Dr. Andre Fladell. Paul Dorling Director of Planning and Zoning, entered the Planning and Zoning Department prof ect file #2009-221 into the record. Mr. Dorling stated this waiver request relates to a requirement in the LDRs which talks about any segments within a development that exceed 200 Average Daily Trips (ADT) are segments that you cannot back out onto. This was supported in the fact that to actually accomplish that you would diminish the amount of green space that would be provided throughout the development and therefore the finding that it would actually diminish the quality of life here. At its meeting of September 21, 2009, the Planning and Zoning Board reviewed the waiver and after brief discussion, the Board recommended approval of the waiver request. 25 10/06/09 Michael Weiner, Attorney with Weiner & Aronson, P.A., 10 S.E. 1St Avenue, Delray Beach, stated there are four requirements for waivers and staff agreed with the applicant that all four were met. Mr. Weiner stated substantial competent evidence has been provided and urged the Commission to support. Mayor McDuffie stated if anyone from the public would like to speak in favor or in opposition of the waiver request, to please come forward at this time. There being no one from the public who wished to address the Commission, the public hearing was closed. 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. Frankel moved to adopt the Board Order (approving the waiver request), seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mr. Frankel -Yes; Mrs. Gray -Yes; Mayor McDuffie -Yes; Mr. Eliopoulos - No; Mr. Fetzer -Yes. Said motion passed with a 4 to 1 vote, Commissioner Eliopoulos dissenting. At this point, the time being 9:33 p.m., the Commission moved to the duly advertised Public Hearings portion of the Agenda. 10. PUBLIC HEARINGS: 10.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. The caption of Ordinance No. 15-09 is as follows: office.) 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. (The official copy of Ordinance No. 15-09 is on file in the City Clerk's 26 10/06/09 The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Paul Dorling, Director of Planning and Zoning, stated this is consideration of Ordinance No. 15-09 which accepts the recommendations of the Del-Ida Park Historic District Resurvey Report and would expand the Period of Significance (POS) and reclassify 48 properties. The scope of work was to look at all properties within 35 years and make recommendations with respect to whether they should be classified as contributing or non-contributing. Mr. Dorling stated the final report was created and the City Commission considered its recommendations on February 10, 2009. Those recommendations included expanding the Period of Significance to 1970 (it currently expands to 1943), and that 48 properties be reclassified from non-contributing to contributing. The report also had a recommendation of listing this on the National Register of Historic Places (NRHl') District. Mr. Dorling stated that it not before the Commission this evening but will be pursued in the future. Mr. Dorling stated staff is recommending that the Period of Significance extend only through 1965 rather than 1970 which would correspond with the 45 years that had been adopted for prior districts and therefore would be consistent with what the Commission has approved to date. It is noted that with the changing properties from contributing to non-contributing which would affect the 48 properties they are not subject to different review criteria but they would continue to go to the Historic Preservation Board (HPB) and continue to be assessed from the same review criteria. He stated the only difference is that if they want to demolish there would be changes in the level of information that they would be required to provide if they were contributing. Mr. Dorling stated there is an additional analysis of these properties and that is contained in the HPB report dated September 16, 2009. He noted that if a property owner within 500 feet of the district seeking a change opposes this, a super majority (4 to 1) would be required for any action. The one dissenting vote felt that the 50 year period that has been accepted in the past should be one that is held to here rather than the 45 years. Mr. Dorling stated that the 45 years has been adopted by the Commission on previous resurveys. 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 (223 N.E. 5th Court - 1947, Contemporary Style, 10 N.E. 5th Street - 1963, Contemporary, 228 N.E. 5th Street - 1952, Contemporary Style). Mr. Dorling noted that the property listed as 10 N.E. 5th Street should read 10 N.E. 5th Street and one of the property owners is no longer opposed to it so that would leave two that were opposed. Staff recommends moving forward with the changing of the Period of Significance to the 45 years as noted in the ordinance. Mayor McDuffie declared the public hearing open. Joann Peart, 107 N.W. 9th Street, Delray Beach, FL 33444, stated Anne Gannon sent her an email which has been forwarded to Amy Alvarez, Historic Preservation Planner, and noted that she lives on Dixie Boulevard in Del-Ida Park and is 27 10/06/09 in favor of the new survey. Mrs. Peart stated she received a Public Notice regarding this because they have property within 500 feet and she is in favor of the new survey. In addition, Mrs. Peart stated another reason she is in favor of the new survey is because in the early 1980's she lived on Dixie Boulevard and they had a wine and cheese party in her yard to become a neighborhood association so that they then could become a historic district. She stated at that time people were interested in raising the property values and that did happen. Mrs. Peart stated Amy Alvarez and others are working on starting something similar again. She stated there is a row of little traditional cottages/houses on 5th Street and she feels that could be an adorable showcase street. Mrs. Peart stated she is excited about everything that is going on in the historic districts now and urged the Commission to support this ordinance. Dan Sloan, 106 S.E. 4th Avenue, Delrav Beach, FL 33483, supports the ordinance and stated RJ Heisenbottle Architects, Inc. is a renowned firm that has done a very diligent j ob with their resurvey recommendations. Toni DelFiandra, 14 Dixie Boulevard, Delrav Beach, FL 33444 (member of the Historic Preservation Board), stated HPB asked the architects to re- review it and set the date back. She noted that they discussed years as opposed to an era and in all the papers it states how this is the post World War II era. Ms. DelFiandra stated the baby boomer generation is 1947-1965 and is more than one generation on a chronological basis. She stated these houses help represent what our government wanted to do after World War II for the Veterans. There being no one else from the public who wished to address the Commission regarding Ordinance No. 15-09, the public hearing was closed. Mrs. Gray asked what the advantages are to the homeowner by living in a historic district. Mr. Sloan stated a homeowner would have more flexibility in terms if you need to get a variance and you want to add some square footage to the home as long as it is architecturally compatible you are able to do that, you can get variances for parking and you typically have a greater sense of community because there is a stronger association with the neighborhood. In addition, Mr. Sloan stated there is a ten year tax exemption and if you add onto your home for qualifying improvements the taxable value does not affect the actual amount of taxes you pay for a ten year period which is a tremendous advantage. Mrs. Gray stated we should be consistent with all the districts with preserving history and preservation. Therefore, Mrs. Gray supports approval of Ordinance No. 15-09. Mr. Eliopoulos stated he supports the ordinance and noted the issue he had in the past we had this item with OSSHAD going to other Boards to be reviewed (OSSHAD District being reviewed by the DDA and the CRA). He supports the fact that those eligible properties would be those that are at least 45 years old. Mr. Eliopoulos stated he is happy to see that we are finally getting things in place and congratulated the Historic Preservation Board and Amy Alvarez, Historic Preservation Planner for a job well done. 28 10/06/09 Mayor McDuffie stated he is pleased that our surveys have finally come to fruition and that we are getting an idea of what is contributing and non-contributing in our community so we can really get a hand on our historically properties. Mr. Eliopoulos moved to approve Ordinance No. 15-09 on First Reading/First Public Hearing, 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. 10.B. ORDINANCE NO. 41-09 (FIRST READING/FIRST PUBLIC HEARING): Consider a city 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. The caption of Ordinance No. 41-09 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 4.4.4(G), "SUPPLEMENTAL DISTRICT REGULATIONS", SUBSECTION (3), "FOUR CORNERS OVERLAY DISTRICT", SUB- SECTION (E), "STANDARDS UNIQUE TO THE FOUR CORNERS OVERLAY DISTRICT", TO PROVIDE THAT CERTAIN AREAS ARE ELIGIBLE TO BE COUNTED TOWARD THE OPEN SPACE CREDIT; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTNE DATE. (The official copy of Ordinance No. 41-09 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Paul Dorling Director of Planning and Zoning, stated this will allow the required parking lot landscaped areas of surface parking lots to be counted to meet the minimum open space requirements of the four corners. Mr. Dorling stated the four corners overlay district is at the intersection of West Atlantic Avenue and Military Trail and was created by the City Commission on March 20, 2007. This standard is unique to this district and it requires 25% open space as with other districts; however, in other districts you can count landscape islands in terms of the parking to meet and in this case you cannot. He stated what was originally envisioned was an intensity which would have 29 10/06/09 included structured parking and very intense development so staff did not think it was going to be an issue or even something that was going to be envisioned to be counted if the four corners developed at the intensity that was allowed by this ordinance. Mr. Dorling stated what we are seeing now partly because of the economy is that the current developments are not reflecting that ultimate intensity and we are getting building facade improvements and substantial parking lot and landscape improvements; however, 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. It penalizes them with the current regulations which would be counted in other districts. Mr. Dorling stated if and when it develops at that bigger intensity, they would still be required to provide that 25% open space. At its meeting of September 21, 2009, and the Board recommended approval with a 7 to 0 vote. Mayor McDuffie declared the public hearing open. There being no one from the public who wished to address the Commission regarding Ordinance No. 41-09, the public hearing was closed. Mr. Eliopoulos moved to approve Ordinance No. 41-09 on First Reading/First Public Hearing, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mayor McDuffie -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. Frankel -Yes; Mrs. Gray -Yes. Said motion passed with a 5 to 0 vote. 10.C. ORDINANCE NO. 50-09 (FIRST READING/FIRST PUBLIC HEARING): Consider a city initiated amendment to the Land Development Regulations (CDR) 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 beheld on October 20, 2009. The caption of Ordinance No. 50-09 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, BY AMENDING SECTION 4.3.3, "SPECIAL REQUIREMENTS FOR SPECIFIC USES", 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 30 10/06/09 OF MEDICAL OFFICES; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. office.) (The official copy of Ordinance No. 50-09 is on file in the City Clerk's The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Paul Dorling, Director of Planning and Zoning, stated this ordinance provides a new definition for "Medical Offices" and includes special requirements that regulate medical offices dispensing controlled substances. 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 and some of the prescriptions are considered narcotics. Mr. Dorling stated in an attempt to address issues that have come out of that this ordinance is before the Commission. He reiterated that this ordinance includes the new definition, clarifies the existing definitions of professional offices and business offices, and has special requirements that prohibit on-site dispensing of specific substances that are indentified in Florida Statutes Sections 893.03, 893.035 or 893.036. Mr. Dorling stated there are some exceptions which would address specific things that staff feels would need to be accepted given current practices one of those is the ability for a medical doctor to give you a sample of medication if you run out of a prescription. At its meeting of September 21, 2009, the Planning and Zoning Board recommended approval with a 7 to 0 vote. However, the Board had concerns with the definition of dispensing and staff has made those modifications. The Downtown Development Authority (DDA) had concerns with the legality of the proposal and suggested that the City seek the opinion of the Attorney General. The Community Redevelopment Agency (CRA) also expressed concern over the legality of regulating trade in this way and the basis for doing the amendment. The Pineapple Grove Main Street committee will review the ordinance at their meeting of October 7, 2009 and the West Atlantic Avenue Redevelopment Coalition will review the ordinance at their meeting on October 14, 2009. Staff recommends approval. Mayor McDuffie declared the public hearing open. There being no one from the public who wished to address the Commission regarding Ordinance No. 50-09, the public hearing was closed. Mr. Eliopoulos stated he attended the CRA meeting and does not feel that they really understood it. 31 10/06/09 Mr. Frankel stated he brought this the City Attorney based on a conversation he had with Brady Myers who works in the Police Department who brought this to his attention. Mr. Frankel stated he would recommend that anyone go out on Swinton where there is a pain clinic and they can see a security guard who checks people as they go in. He stated there are all these out-of--state vehicles and they see a doctor for five minutes, they say their neck hurts and they receive narcotic drugs. Mr. Frankel stated they hit three or four pain clinics because there is no reporting between them. He applauded the City Attorney's office for a great ordinance. Mr. Fetzer asked about the three issues that the DDA brought up and asked if any of these are necessary. The City Attorney stated this ordinance is not retroactive so anything that is currently there this is not impacting them. He stated this is based on the City of Dania Beach where they did quite extensive research before they drafted an ordinance like this. The City Attorney stated anything can be challenged at any time; however, he feels pretty comfortable that the City has an ordinance that meets all the legal requirements and guidelines. Mr. Fetzer asked how this impacts existing offices that are doing this. The City Attorney stated this ordinance would not impact anything currently existing. Mr. Dorling stated if the current operations were legally established it would not and if they were not legally established they have no grandfather status and would have to comply. Mr. Fetzer moved to approve Ordinance No. 50-09 on First Reading/First Public Hearing, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. Frankel -Yes; Mrs. Gray -Yes; Mayor McDuffie -Yes. Said motion passed with a 5 to 0 vote. 10.D. ORDINANCE NO. 53-09 (FIRST READING/FIRST PUBLIC HEARING): Consider a city 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. The caption of Ordinance No. 53-09 is as follows: office.) AN ORDINANCE OF THE CITY COMMISSION 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 GENERAL REPEALER CLAUSE AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 53-09 is on file in the City Clerk's 32 10/06/09 The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Paul Dorling Planning and Zoning Director, stated this ordinance relates to sponsorship signs and clarifies related standards for those said signs. Mr. Dorling stated the City amended the sign code to add sponsorship signs and allowed them to be placed on outfield fences of any ball field from March 1st through December 1st of each year. This amendment will allow sponsorship signs to be placed on fences around any sports field and as long as the advertising is not visible from outside the sports field area. Mr. Dorling stated this allows other sports such as soccer and football to also take advantage of this sponsorship sign option. He stated since these have different seasons than Little League baseball staff has removed the March 1st through the December 1st reference in the code. At its meeting of September 21, 2009 the Planning and Zoning Board considered the text amendment and recommended approval with a 7 to 0 vote. Mayor McDuffie declared the public hearing open. Brian Thompson, Delray Beach Athletic Club, Inc. (President), thanked the City Attorney, the City Manager, and City staff in getting this ordinance moved pretty quickly. He stated it is important to recognize that there is more than one youth sport. Mr. Thompson stated the Delray Beach Athletic Club is up to 1,000 participants between soccer and lacrosse. Mrs. Gray asked if there is a time period for the signage and if so will there be a conflict with the different sports. Mr. Dorling stated all reference to time periods have been removed so it would be allowed at all times as long as the advertising on the signs is not visible outside of the sports field area. There being no one from the public who wished to address the Commission regarding Ordinance No. 53-09, the public hearing was closed. Mr. Eliopoulos moved to approve Ordinance No. 53-09 on First Reading/First Public Hearing, 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.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. The caption of Ordinance No. 55-09 is as follows: 33 10/06/09 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, 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 EFFECTIVE DATE. office.) (The official copy of Ordinance No. 55-09 is on file in the City Clerk's The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. David James, Fire Chief, stated this ordinance provides for the Fire- Rescue Department to charge fees to cover the cost of specially trained certified personnel to teach these courses. Chief James stated without it they would have to discontinue the program. Mayor McDuffie declared the public hearing open. There being no one from the public who wished to address the Commission regarding Ordinance No. 55-09, the public hearing was closed. Mr. Frankel moved to adopt Ordinance No. 55-09 on Second and FINAL Reading, 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. 10.E.1. RESOLUTION NO. 54-09: Consider approval of Resolution No. 54-09 establishing fees for various Fire Safety Community Education Services. The caption of Resolution No. 54-09 is as follows: office.) 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. (The official copy of Resolution No. 54-09 is on file in the City Clerk's 34 10/06/09 The City Attorney stated this resolution sets the rates and fees that the prior ordinance allows us to do. Mr. Fetzer moved to approve Resolution No. 54-09, 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. At this point, the time being 10:13 p.m., the Commission moved to Item 11, Comments and Inquiries on Non-Agenda Items. ll.A. City Manager's response to prior public comments and inquiries. The City Manager had no response to prior public comments and inquiries. ll.B. From the Public. None. At this point, the time being 10:13 p.m. the Commission moved back to Item 9.B. of the Regular Agenda. 9.B. DIRECTION REGARDING OLD SCHOOL SQUARE GARAGE RETAIL, SPACE: Provide direction regarding the options for the Old School Square garage retail space. Brian Shutt, City Attorney, stated at the September 15, 2009 Workshop meeting the City Commission gave staff direction to work with the proposal from Mr. Kinsloe as well as to explore other options with the CRA regarding the Old School Square retail space. Mr. Shutt stated since that time the City has been informed from Mr. Kinsloe that he has withdrawn his offer. The City Manager stated since the last discussion at the Commission meeting staff has discussed this situation with the City's Bond Counsel and they have advised us that if we rented it to the CRA those rental payments would not count against the $3 million cap we have on proceeds. He stated the laws relating to municipal bonds would consider that as paying ourselves. The City Manager asked the City Commission to give staff direction to talk to the CRA to see what kind of arrangement we can work out with them for the future use of the facility. The City Manager stated if they in turn sublease then whatever payments they got would count against the $3 million. The City Manager stated he believes that the CRA would take care of any build out that would be required but these are things the City would need to discuss with them. 35 10/06/09 Mrs. Gray asked if the CRA would be managing this. The City Manager stated the City would have to enter into an agreement with them and the City Commission could determine at that point how much control they would like to maintain over the use of the facility. Mrs. Gray suggested that the City make sure this goes out for an RFP. After brief discussion, it was the consensus of the Commission to direct staff to speak with the CRA to see what they would be willing to do and then bring this back to the Commission. 9.C. COMMISSION APPOINTMENT /ALTERNATE TO INTERGOVERNMENTAL COORDINATION ISSUES FORUM: Appoint a Commissioner as an Alternate Member of the Intergovernmental Coordination Issues Forum. Commissioner Gray volunteered to be the alternate member of the Intergovernmental Coordination Issues Forum. It was the consensus of the Commission to support this decision. 9.D. APPOINTMENT TO THE COMMUNITY REDEVELOPMENT AGENCY: Appoint one (1) regular member to the Community Redevelopment Agency (CRA) to serve an unexpired term ending July 1, 2013. Based upon the rotation system, the appointment will be made by Commissioner Eliopoulos (Seat #1). Mr. Eliopoulos moved to appoint Cathy Balestriere as a regular member to the Community Redevelopment Agency (CRA) to serve an unexpired term ending July 1, 2013, seconded by Mr. Fetzer. 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.E. APPOINTMENTS TO THE NEIGHBORHOOD ADVISORY COUNCIL,: Appoint five (5) regular members (one member each for Zones 3, 4, 5 & 6) and an At Large Representative to the Neighborhood Advisory Council for three (3) year terms ending July 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). Mrs. Gray moved to reappoint Matthew Hartley as a regular member to the Neighborhood Advisory Council (Zone 5) to serve a three (3) year term ending July 31, 2012, seconded by Mr. Fetzer. Upon roll call the Commission voted as follows: Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. Frankel -Yes; Mrs. Gray -Yes; Mayor McDuffie -Yes. 36 10/06/09 Mayor McDuffie stated he wished to reappoint Joseph Kamarata as a regular member to the Neighborhood Advisory Council (Zone 6) to serve a three (3) year term ending July 31, 2012. Mr. Frankel so moved, 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. Mr. Eliopoulos moved to reappoint Shirl Fields as a regular member to the Neighborhood Advisory Council (Zone 3) to serve a three (3) year term ending July 31, 2012, 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. Fetzer stated he would like to defer his appointment for Zone 4 to the next regular meeting of October 20, 2009. Mr. Frankel moved to appoint Margherita Downey as a regular member to the Neighborhood Advisory Council (At Large Representative) to serve a three (3) year term ending July 31, 2012, 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. 9.F. APPOINTMENT TO THE EDUCATION BOARD: Appoint one (1) regular member to the Education Board to serve an unexpired term ending July 31, 2011. Based upon the rotation system, the appointment will be made by Commissioner Eliopoulos (Seat #1). Mr. Eliopoulos moved to appoint Lydia Carreiro as a regular member to the Education Board to serve an unexpired term ending July 31, 2011, seconded by Mr. Frankel. 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.G. APPOINTMENT TO THE BOCA BATON 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). Mr. Eliopoulos moved to appoint David Boone as a regular member to the Boca Raton Aviation Advisory Committee to serve an unexpired term ending May 31, 2010, 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. At this point, the time being 10:23 p.m., the Commission moved to the Item 12, First Readings. 37 10/06/09 12. FIRST READINGS: 12.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. The caption of Ordinance No. 43-09 is as follows: office.) AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 52, "WATER", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, BY AMENDING SECTION 52.34, "WATER RATES", SUBSECTION 52.34(B), TO PROVIDE FOR AN ADJUSTMENT IN RATES FOR FY 2010; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 43-09 is on file in the City Clerk's The City Attorney read the caption of the ordinance. Richard Hasko, Director of Environmental Services, stated this is for the water rates structure revisions. Mr. Hasko stated it technically complies with the definition of a conservation rate structure but it does not effectively send an economic message because of the minimal differential and charges between blocks. He stated staff attempted to make that economic message more meaningful and have tried to accomplish a few other things by giving some of the residents on fixed incomes a bit of a break in that the City has included the first 3,000 gallons of use in the base charge. Mr. Hasko stated staff has also inserted a block that coincides with the 12,000 cap for residential on sewer because the City is gearing towards conservation and is trying to get large volume users to decrease their use. Mr. Hasko stated everything over 12,000 gallons can reasonably be assumed to not be consumption and is generally landscape irrigation which is the large volume users the City is trying to target. He stated 75-80% of the residential users will see a decrease in the water portion of their bill and factoring in the current level of water restrictions and associated surcharges the breakeven point is about 32,000 gallons a month. Mr. Hasko stated the larger volume users' bills are going to go up significantly. He stated in concert with that the City has segregated the portable irrigation rate from the non-residential rate. Mr. Hasko stated up to this point they were in the same category and the commodity charge was a flat fee regardless of use. He stated staff did not want to have an unintended consequence of having a negative impact on non-residential uses which is why this was segregated out. He stated the commodity 38 10/06/09 charge still remains a flat rate but it has been increased by 25%. Mayor McDuffie asked if the calculation spreadsheet has been put on the website. Mr. Hasko stated this has been done and it has been modified to include the current phase surcharge. Mr. Eliopoulos stated he believes in this; however, expressed concern with the lack of education out there. Mr. Hasko explained that the goals staff is trying to achieve here are not demographically based but they are exclusively based on volumes of water use. He stated most people will be able to deal with that through their irrigation and agreed that some people who have large families will probably have to implement some level of internal conservation. Mr. Hasko stated staff can put things on the website that will reinforce that and noted that staff receives a lot of information from AWWA (American Water Works Association) and brochures are normally given out at the Residents Academy. He stated staff can look for additional methods to distribute that information. Mr. Hasko stated staff can take advantage of their ability to include inserts in the water bill as well. Mr. Frankel moved to approve Ordinance No. 43-09 on FIRST Reading, seconded by Mr. Fetzer. 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. 12.B. ORDINANCE NO. 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. The caption of Ordinance No. 44-09 is as follows: office.) AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE CODE OF ORDINANCES, BY 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. (The official copy of Ordinance No. 44-09 is on file in the City Clerk's 39 10/06/09 The City Attorney read the caption of the ordinance. Richard Hasko, Director of Environmental Services, stated this is the reclaimed water rates (wholesale and retail). He stated the City's wholesale rate is a flat $.28 per 1,000 gallons and is what we apply to non-residential connections that have two inch and larger meter primarily golf courses, master irrigation systems for residential neighborhoods. Mr. Hasko stated in what the City is proposing with the drinking water rates staff had to take a look at the retail reclaimed rate because as the City puts people on reclaimed water (particularly areas such as the barrier island) and since they are irrigating off the drinking water system, when the City takes them off the drinking water system and puts them on reclaimed water, they had to make sure that they were not going to negatively impact the City's revenues in doing that. Mr. Hasko stated the revised structure creates a three tiered block rate structure to encourage conservation of the reclaimed water resource. He stated staff also had to make sure that we did not have a situation where there might be a residential potable irrigation connection that was paying less for water than a reclaimed connection. Mayor McDuffie asked how many million gallons a day is our Water Treatment Plant capacity. Mr. Hasko stated the full capacity is 24 million gallons and they are averaging about 17 or 18 million gallons. Mr. Eliopoulos moved to approve Ordinance No. 44-09 on FIRST Reading, 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. 12.C. ORDINANCE NO. 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. The City Attorney read the caption of the ordinance. 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. 40 10/06/09 office.) (The official copy of Ordinance No. 51-09 is on file in the City Clerk's The City Attorney read the caption of the ordinance. Paul Dorling Director of Planning and Zoning, stated this is an amendment to LDR Section 2.4.3(K) to provide for the establishment of new fees and increases in certain existing fees. The amendment proposes a processing fee of $100.00 for the requests to cover review from the local government and preparation of approval correspondence. Senate Bill (SB) 360, provides for the extension of any permit issued by the Department 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. 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, and provides for increases in the Fire-Rescue plan review fee schedule. At its meeting of September 21, 2009, the Planning and Zoning Board recommended approval of the text amendment with a 7 to 0 vote. Mr. Frankel moved to approve Ordinance No. 51-09 on FIRST Reading, 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. 12.D. ORDINANCE NO. 52-09: Consideration of 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. The caption of Ordinance No. 52-09 is as follows: office.) AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE CREATION OF NEIGHBORHOOD IMPROVEMENT DISTRICTS BY THE ENACTMENT OF A SEPARATE ORDINANCE FOR EACH DISTRICT; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 52-09 is on file in the City Clerk's The City Attorney read the caption of the ordinance. Paul Dorling Director of Planning and Zoning, stated this ordinance authorizes the creation of local government neighborhood improvement districts as 41 10/06/09 identified under Florida Statutes 163.506. 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 a part of the Strategic Task Team neighborhood action plans. Mr. Dorling stated one such example is Chatelaine where the City finished installation of $150,000.00 of improvements associated with a Strategic Task Team neighborhood action plan. 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 $10,000.00 annually. 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. At its meeting of September 21, 2009, the Planning and Zoning Board reviewed the ordinance and expressed 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 recommended denial of the creation of these districts with a 7 to 0 vote. The proposed amendment was not reviewed by the Community Redevelopment Agency (CRA) or the Downtown Development Authority (DDA) because it is not unique to their districts. Staff recommends approval and stated there are additional safeguards in place in both creating it and doing any improvements and assessing any. The City Manager stated the State Statute has several different methods for creating these and it falls into two categories; it can be created if you receive a petition signed by a majority of the residents and the other way is the City Commission can create them on their own initiative, however, then you have an advisory board of the neighborhood that advises the Commission on what they would like to see done. He stated if you go that route and if you get a petition from 60% of the residents it is automatically dissolved. The City Manager stated the Commission could set a district up it could be set with a much lower cap than 2 mills. He stated the City invested money in neighborhoods and in part because of the foreclosures, etc. they have not been able to raise enough money voluntarily to maintain it. The City Manager stated the City needs to create some mechanism to maintain these. Mayor McDuffie asked if there is a reason why we chose to make this an ad valorem tax rather than anon-ad valorem. The City Manager stated under State law there are certain ways you can create a district that they can do assessments. 42 10/06/09 Mrs. Gray asked who will be responsible for applying for the grants if we divide up the districts. Mr. Dorling stated the enabling authorizes the district to receive funding such as planning grants; however, it is not specific as to who would apply. He stated he would assume that the City would be involved in that process. Mrs. Gray asked if there are other developments aside from the Chatelaine development that the City is carrying at this time. The City Manager stated Chatelaine is the district that asked the City to help them come up with some way to maintain their improvements. Mr. Dorling stated we have had other communities that have had improvements that have not had the same difficulty raising money. For example, Delray Shores is a voluntary homeowners association in which we put significant improvements in. Mr. Dorling stated they have been able to fund their maintenance obligations through a voluntary process. He stated there are many associations throughout the city that are voluntary that may or may not run into issues like this. Mrs. Gray asked if the $10,000.00 a year is for landscaping. Mr. Dorling stated primarily that is the landscaping that has been installed around the three entranceways and also some traffic calming. Mr. Frankel moved to approve Ordinance No. 52-09 on FIRST Reading, 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. 12.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 to enact late renewal fee charge. If passed, a public hearing will be scheduled for October 20, 2009. The caption of Ordinance No. 56-09 is as follows: office. 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 FEE CHARGE; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 56-09 is on file in the City Clerk's The City Attorney read the caption of the ordinance. 43 10/06/09 Paul Dorling, Director of Planning and Zoning, stated this ordinance is to clarify the cost of a sidewalk cafe permit and to enact a late renewal fee charge. Mr. Dorling stated currently sidewalk cafe permits are issued for a period of one year from July 1st to June 30m. Sidewalk permit applications received after July 1st until December 31st will pay the full cost of the permit fee. Any new permit received 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 At its meeting of September 21, 2009, the Planning and Zoning Board considered the text amendment and recommended approval with a 7 to 0 vote. Mrs. Gray moved to approve Ordinance No. 56-09 on FIRST Reading, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mayor McDuffie -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. Frankel -Yes; Mrs. Gray - Yes. Said motion passed with a 5 to 0 vote. 12.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. The caption of Ordinance No. 57-09 is as follows: office.) 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. (The official copy of Ordinance No. 57-09 is on file in the City Clerk's The City Attorney read the caption of the ordinance and stated the changes to this ordinance will allow the sale and on premise consumption of alcoholic beverages beginning on Sunday morning at 7:00 a.m. Currently, the sale and consumption is Sundays at noon. This ordinance does not change the time that alcohol may be sold for off premise consumption. 44 10/06/09 Mr. Frankel stated the ordinance does not change the time for off premise consumption (i.e. Publix, etc.). The City Attorney stated the Police Chief is okay with going as far as we are going now; however, he expressed concern if we would open it all up for the sale and off premise consumption of alcoholic beverages. Mr. Frankel stated he feels 7:00 a.m. is a little early and feels the time should be 10:00 a.m. or 11:00 a.m. The City Attorney suggested that the Commission pass this ordinance and get input from the Police Chief between now and second reading. It was the consensus of the Commission to get the Police Chief's opinion regarding the beginning time for the on premises sale and consumption of alcohol. Mr. Fetzer moved to approve Ordinance No. 57-09 on FIRST Reading, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. Frankel -Yes; Mrs. Gray -Yes; Mayor McDuffie -Yes. Said motion passed with a 5 to 0 vote. At this point, the time being 10:57 p.m., the Commission moved to Item 13, Comments and Inquiries on Non-Agenda Items. 13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS. 13.A. City Manager The City Manager stated at the last League of Cities Board meeting there was a presentation regarding the two different proposals to create an Ethics Commission and both proposals would allow cities to opt in. He stated Chuck Shaw from Greenacres was appointed to the Criminal Justice Commission. The League agreed to ask the court's permission to file an amicus brief on the City's behalf in the Heather Leitch case. Secondly, the Lobbyist Registration Adhoc Committee is working with the County IT Department to use their system and the Elections Adhoc Committee is still working on an agreement. The City Manager stated Senate Bill 360 changed a lot of the Comprehensive Planning law. He stated the City of Westin filed a lawsuit and 15 other cities are going in that are going into this as co-plaintiffs plus four counties and noted this is going forward. The City Manager stated the City is still negotiating with the Supervisor of Elections on an agreement for Elections. He stated there are some problems and the City is not very happy with the agreement that has been proposed at this point. He stated that Jamie Titcomb has noted that the League is a member of the Forum Club and announced that if anyone wants to attend one of their luncheons they can call Mr. Titcomb for tickets. 45 10/06/09 The City Manager stated last Friday he went to Orlando for the Florida League of Cities Committee meeting and noted that he is on the Urban Administration Committee. He stated there were nine issues discussed which will be narrowed down to five and that will be narrowed down to two or three in November. The City Manager stated the ones we are still working on are the issue campaign financing. He stated Senate Bill 216 prohibits using public funds for financing issue campaigns and it is written in such a way that it has created all kinds of issues. He stated with the regard to the Clerk of Courts withholding funds in the last session on Legislature, a bill was passed which allows Clerks of Court to withhold ten percent of all court related fines and the Clerks Association has taken the position that ten percent applies to traffic tickets so that ten percent is coming out of the municipal piece since a lot of other parts of traffic tickets it says that so many dollars goes for this purpose and that purpose. The City Manager stated the City is requesting Legislation on effective Public Notice given the shrinking of newspapers and the fact that so many people do not read newspapers anymore we are looking for the option to use other methods of Public Notice other than just newspapers. The City Manager stated there was also a bill proposed last session that would bring all municipalities under OSHA (Occupational Safety and Health Administration) and the City is concerned about that. tomorrow. The City Manager stated he will be on vacation for ten days starting 13.B. City Attorney agenda items. The City Attorney had no response to comments and inquiries on non- 13.C. City Commission 13.C.1. Mr. Fetzer Mr. Fetzer had no comments and inquiries on non-agenda items. 13.C.2. Mr. Eliopoulos Mr. Eliopoulos had no comments and inquiries on non-agenda items. 46 10/06/09 13.C.3. Mr. Frankel Mr. Frankel stated he and Doug Smith attended the Florida Public Pension Trustees Association (FPPTA) School and are becoming certified and learned a lot about pension. 13.C.4. Mrs. Gray Mrs. Gray had no comments and inquiries on non-agenda items. 13.C.5. Mayor McDuffie Mayor McDuffie stated he is on the Lobbyist Registration Subcommittee and as such has been asked because of their relationship with the County to take a look at the system. He stated they find it to be up-to-date with technology and relatively easy to add municipalities. Secondly, Mayor McDuffie stated he received a complaint from a Board member in his development (Oakmont) that the sidewalk work that the City did on the north side of Germantown Road has somehow torn up the Swale and possibly damaged some irrigation pipes on the south side of Germantown Road which are maintained by Oakmont. He stated he will have to respond to this matter. The City Manager stated if the contractor did it then the contractor has insurance and would be responsible for repairing it. He noted that staff will look into this matter. There being no further business, Mayor McDuffie declared the meeting adjourned at 11:04 p.m. City Clerk ATTEST: MAYOR 47 10/06/09 The undersigned is the City Clerk of the City of Delray Beach, Florida, and the information provided herein is the Minutes of the Regular City Commission Meeting held on October 6, 2009, which Minutes were formally approved and adopted by the City Commission on City Clerk NOTE TO READER: If the Minutes you have received are not completed as indicated above, this means they are not the official Minutes of the City Commission. They will become the official Minutes only after review and approval which may involve some amendments, additions or deletions as set forth above. 48 10/06/09 s 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 fi, 2009, 2. "i`he 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. 1. 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{B}{5}, prior to granting a waiver, the approving body shall make a finding that the granting of the waiver: (a} Shall nat 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(B}(5)? Yes / No 3. The City Commission has applied the Comprehensive Plan and LDR requirements in existence at the time the original development application was 1 submitted and finds that its determinations set forth in this Order are consistent with the Comprehensive Plan. 4. "fhe City Commission finds there is ample and competent substantial evidence to support its Endings 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 Corrirriission 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 6th day of October, 2009, by ,'vot of 4 in for ATTEST: ~~ Nelson S. McDuffie, r ~`~.J Chevelle Nubin, City Clerk 2 WORKSHOP MEETING October 13, 2009 A Workshop Meeting of the City Commission of the City of Delray Beach, Florida, was called to order by Mayor Nelson S. McDuffie in the First Floor Conference Room at City Hall at 6:06 p.m., on Tuesday, October 13, 2009. Roll call showed: Present - Commissioner Gary P. Eliopoulos Commissioner Fred B. Fetzer Commissioner Adam Frankel Commissioner Angeleta Gray Mayor Nelson S. McDuffie Absent - None Also present were - Robert Barcinski, Assistant City Manager R. Brian Shutt, CitS~ Attorney Kimberly M. Wynn, Acting City Clerk Mayor Nelson S. McDuffie called the workshop meeting to order and announced that it had been called for the purpose of considering the following Items: WORKSHOP AGENDA 1. Communit<~ Land Trust (CLT) Presentation Evelyn Dobson, Executive Director of the Delray Beach Community Land Trust (CLT), did a PowerPoint presentation on the organization and discussed its mission and goals. Ms. Dobson stated that in 2001 she recommended the concept of the CLT to Diane Colonna, Executive Director of the Delray Beach Community Redevelopment Agency, to make housing more affordable and stabilize the community. The first Board of Directors was appointed in December 2005. Ms. Dobson discussed the progress of the CLT from December 2005 to April 2009. She advised that to date no CLT home has been foreclosed or resold. Ms. Dobson talked about some of the benefits, challenges and visions of the organization. Mr. Fetzer complimented Ms. Dobson on a good presentation and stated he appreciates the update. He discussed the importance of the CLT in maintaining affordable housing. Mr. Eliopoulos asked how many houses are available at this time. Ms. Dobson stated thirty-six (36) units are available at this time; nine (9) are under construction pending to close on December 31, 2009, three (3) CODA units, and approximately seven (7) to complete the S.W. 14`h Avenue project. Mr. Eliopoulos asked if there is a negative with affordable housing hurting land values. Ms. Dobson discussed land values and property. Mrs. Gray thanked Ms. Dobson for her presentation and the CLT's hard work to stabilize the community. She asked how would the rental units compete with the Delray Beach Housing Authority and Community Redevelopment Agency (CRA), which is now getting into the rental of units. Ms. Dobson explained there is no competition with the Housing Authority since overall renting is their big piece. She explained the CLT has the opportunity to expand housing options for residents by managing rental units. Mr. Frankel also thanked Ms. Dobson and asked that they keep up the good work. Ms. Dobson thanked Old School Square for allowing them to hold monthly CLT meetings at no cost. Mayor McDuffie thanked Ms. Dobson and told her to keep up the good work. He also stated she provides an invaluable service to the community. 2. Discussion/Direction Management Responsibility Old School Square Park Robert Barcinski, Assistant City Manager, presented this item. He stated that staff needs direction on Old School Square's request to amend the existing Management Agreement to assign management responsibilities to Old School Square for the Old School Square Park. Mrs. Gray expressed concern that Old School Square would manage a park paid for with tax payer dollars. She questioned staffing resources if Old School Square does not manage the park. Mr. Barcinski stated it could be Parks and Recreation to handle the Management, which could be a problem. Brian Shutt, City Attorney, stated he would just amend the present management agreement to incorporate the area. Joe Gillie, Executive Director of Old School Square, explained that the City owns Old School Square but he is asking to have the current arrangement extended to the include the area adjacent to Old School Square Park grounds. Mr. Barcinski stated that rental rates would have to be ratified. Ms. Gray asked how it will be decided who can use the park. Mr. Frankel supported the idea of Old School Square taking over the responsibility of managing the park with a termination clause. Mrs. Gray asked what would happen to the revenues coming to the park. Mr. Barcinski advised that Old School Square would set and collect fees. He would like to have events charged for utilities such as water and electricity. Mrs. Gray clarified that revenue would go to Old School Square. Mr. Eliopoulos stated staff did not present a strong case on why Old School Square should not manage its park, however, he would like to have some of the fine details addressed. Mr. Fetzer advised strong communication is needed to have Old School Square monitor and manage the park. Mayor McDuffie questioned the rate structure. 2 10/13/2009 Mr. Barcinski advised that grants received from Palm Beach County and the State may not allow the agreement. Mayor McDuffie requested that the fine details be worked out and an agreement obtained. It was the consensus of the Commission that staff work out the fine details and proceed with an agreement. 3. Presentation of On-Site Medical Center Feasibili ~ Study Bruce Koeser, Director of Human Resources, introduced this item. He gave an overview of the services that would be performed at no charge at the medical center. Also present was Portia Dinkins, Compensation and Benefits Manager. Mr. Koeser stated that Gallagher Benefit Services, Inc. (GBS) will be doing this presentation. Jodie Jupp, Lead Consultant of Gallagher Benefit Services, Inc. provided a packet, "On-site Medical Center Overview Feasibility Study," to the Commission. She gave an overview of the services that would be provided and who would be eligible to go to the on-site medical center. Ms. Jupp explained how the center would work and HIPPA laws. Mr. Koeser advised that the CitS~ spends about a quarter of a million dollars in prescription drugs and service cost per year. He stated that the City can choose to add specialists as needed. Mr. Barcinski asked if the medical center would do blood work. Ms. Jupp advised blood work would be included at no charge. Glen Volk, Actuarial Consultant with Gallagher Benefit Services, Inc. discussed the feasibility study. He talked about hard dollar savings which would include increased generic substitution of prescription drugs, and reduced specialist utilization and related cost from specialist encounters. He also discussed soft dollar savings such as worker productivity and increased access to primary care. Ms. Jupp explained that savings would not be immediate it would be long term. She advised if approved, GBS would proceed with getting a Request For Proposal (RFP) for a medical center. She advised that the timeline to have this completed and operational would be June 2010 to coincide with open enrollment. Mr. Barcinski asked where the medical center would be located. Mr. Koeser advised this is being researched. Mr. Fetzer asked what cities currently provide this service. Mr. Koeser advised that they visited Ocoee and Palm Bay, which have a similar model proposed, and he stated employee feedback was positive. Mrs. Gray asked if the City had a building in mind. She suggested the CitS~ discuss use of the Old School Square retail space with the Community Redevelopment Agency. Mr. Eliopoulos asked what square footage is needed for the medical center. He asked how visits would be monitored for employees to avoid abuse. He also questioned the setup of the center and equipment. 10/13/2009 Ms. Jupp advised that at least 2,000-3,000 square footage is needed to be safe. Mr. Koeser advised that cost sharing would have to be monitored and possible premiums would be raised. Glen Evel~~n, Resource Consultant for the Gallagher Benefit Services, Inc., advised setup cost and equipment would be absorbed b~~ the vendor. He said a detailed RFP would be answered. Mr. Eliopoulos agrees with this idea. Mr. Fetzer also agrees with this idea to help emplo~~ees. Mrs. Gra~~ questioned how vendors would be notified for the RFP. Ms. Jupp advised vendors in the area that the City works with now will be notified and GBS would manage. Mr. Frankel asked the downside to this service. Would it be an appointment onl~~ facility or walk-in services would be provided. He would like to have more information on the pros and cons of this service. Mr. Evel~~n advised that the medical center would be very proactive. Mrs. Dinkins explained that the goal is to reduce claim costs and provide a wellness coach which would benefit emplo~~ees. Mr. Barcinski questioned how this center would work with the current Cigna Emplo~~ee Assistance Plan (EAP). He also asked who would be able to go to the medical center. Mr. Koeser advised that covered emplo~~ees and famil~~ members can use the medical center. Mr. Fetzer asked if retired emplo~~ees could use the center. Mr. Volk advised the goal is cost reduction. Ma~~or McDuffie discussed the importance of quality and service. He talked about the EAP. He also asked how the time would be recognized (ex. leave or sick time). Mr. Koeser explained that EAP is currentl~~ being used. Reports are sent monthl~~ b~~ Cigna. The time will likel~~ be considered the same as scheduled appointments. It will be worked out. Mrs. Dinkins explained that the hours would have to be structured so that it is beneficial for the City. It was the consensus of the Commission to proceed with the RFP for an On-Site Medical Center. Ma~~or McDuffie adjourned the Workshop Meeting at 7:47 p.m. 4 10/13/2009 CitS~ Clerk ATTEST: MAYOR The undersigned is the CitS~ Clerk of the CitS~ of Delray Beach, Florida, and the information provided herein is the Minutes of the Workshop Meeting of the CitS~ Commission held on Tuesday, October 13, 2009 which Minutes were formally approved and adopted by the CitS~ Commission on November 3, 2009. CitS~ Clerk NOTE TO READER: If the Minutes you have received are not completed as indicated above, this means they are not the official Minutes of the CitS~ Commission. They will become the official Minutes only after review and approval, which may involve amendments, additions or deletions to the Minutes as set forth above. 5 10/13/2009 OCTOBER 20, 2009 A Regular Meeting of the City Commission of the City of Delray Beach, Florida, was called to order by Mayor Nelson S. McDuffie in the Commission Chambers at City Hall at 6:00 p.m., Tuesday, October 20, 2009. 1. Roll call showed: Present - Commissioner Gary P. Eliopoulos Commissioner Fred B. Fetzer Commissioner Adam Frankel Commissioner Angeleta 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 Pastor Bernard King Sr. with Corner Stone Bible Fellowship. 3. The Pledge of Allegiance to the flag of the United States of America was given. 4. AGENDA APPROVAL. Mayor McDuffie noted a correction to Item 8.B., Agreement/Florida Department of Environmental Protection (DEP). The correct account number should read 441-5161-536-64.90. Mr. Eliopoulos requested that Item 8.B., Agreement/Florida Department of Environmental Protection (DEP) be removed from the Consent Agenda and moved to the Regular Agenda as Item 9.A.A. Mr. Frankel requested that Item 8.E., D.U.I. Grant Award/Florida Department of Transportation, of the Consent Agenda be moved to the Regular Agenda as Item 9.A.A.A. and that Item 8.L, Agreement/Green Meadows Horse & Carriage of the Consent Agenda be moved to the Regular Agenda as Item 9.A.A.A.A. Mr. Fetzer 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. 10/20/09 5. APPROVAL OF MINUTES: None. 6. PROCLAMATIONS: 6.A. Families Reading Together Month -November 2009 Mayor McDuffie read and presented a proclamation hereby proclaiming November 2009 as Delray Beach Families Reading Together Month. Janet Meeks, Education Coordinator, came forward to accept the proclamation. 7. PRESENTATIONS: 7.A. RESOLUTION NO. 57-09: Approve Resolution No. 57-09 Recognizing and commending Rene Gonzales for 30 years of dedicated service to the City of Delray Beach. The caption of Resolution No. 57-09 is as follows: office.) A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, RECOGNIZING AND COMMENDING RENE GONZALES FOR THIRTY YEARS OF DEDICATED SERVICE TO THE CITY OF DELRAY BEACH. (The official copy of Resolution No. 57-09 is on file in the City Clerk's Mayor McDuffie read and presented Resolution No. 57-09 to Rene Gonzales for thirty years of dedicated service to the City of Delray Beach. Rene Gonzales came forward to accept the resolution and gave a few brief comments. Mrs. Gray moved to approve Resolution No. 57-09, 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. comments. Richard Hasko, Director of Environmental Services, gave a few brief 7.B. Presentation of the Submittals from the Chamber of Commerce Contest to Generate City Revenue 2 10/20/09 Donna Marie Sloan, speaking on behalf of the Chamber of Commerce, stated the Greater Chamber of Commerce co-sponsored acity-wide contest to generate ideas for increasing City revenue. Ms. Sloan stated the awards were presented at the Chamber of Commerce Breakfast on September 15, 2009 and the recipients of the awards are as follows: Monthly Forum Series Idea 1st Place -Laura Reines Tiered Beach Parking Decals 2°d Place -Gabrielle Ortner 3''d Place -Leslie Horenburger Doggie Bag Stations and other litter/etc. opportunities around the City Mayor McDuffie thanked the Chamber of Commerce for having such a great contest and congratulated all the winners. 8. CONSENT AGENDA: City Manager Recommends Approval. 8.A. RESOLUTION NO. 52-09 (TAX EXEMPTION REQUEST FOR ELIGIBLE IMPROVEMENTS/212 SEABREEZE AVENUE): Approve a tax exemption request for eligible improvements to 212 Seabreeze Avenue, and approve Resolution No. 52-09. The caption of Resolution No. 52-09 is as follows: office.) A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, GRANTING AN AD VALOREM TAX EXEMPTION TO VIRGINIA COURTENAY FOR THE HISTORIC REHABILITATION OF THE PROPERTY LOCATED AT 212 SEABREEZE AVENUE, AS FURTHER DESCRIBED HEREIN; DETERMINING THAT THE COMPLETED IMPROVEMENTS ARE CONSISTENT WITH LAND DEVELOPMENT REGULATIONS (LDR) SECTION 4.5.1(M)(5); PROVIDING AN EFFECTIVE DATE. (The official copy of Resolution No. 52-09 is on file in the City Clerk's 8.B. THIS ITEM HAS BEEN MOVED TO THE REGULAR AGENDA AS ITEM 9.A.A. 3 10/20/09 8.C. AMENDMENT TO INTERLOCAL AGREEMENT/PALM BEACH COUNTY: Approve an Amendment to the Interlocal Agreement between the City and Palm Beach County to provide additional law enforcement services on the Intracoastal Waterway during manatee season. 8.D. TRANSFER OF APPOINTMENT FOR LEGAL SERVICE/LEWIS, LONGMAN AND WALKER, P.A./FUMERO LAW GROUP, P.A./SOUTH FLORIDA WATER MANAGEMENT DISTRICT RULE CHALLENGES: Approve authorization to transfer the appointment of the firm of Lewis Longman & Walker, P.A., for legal services in conjunction with the South Florida Water Management District (SFWMD) proposal for permanent year round water restrictions, to the Fumero Law Group, PA. 8.E. THIS ITEMS HAS BEEN MOVED TO THE REGULAR AGENDA AS ITEM 9.A.A.A. 8.F. GRANT APPLICATION/F'EDERAL EMERGENCY MANAGEMENT AGENCY (FEMA): Provide authorization for submission of a grant application to the Federal Emergency Management Agency (FEMA) in the amount of $26,069.00 for the 2009 Fire Prevention and Safety Grant. 8.G. GRANT AWARD/ARRA - ENERGY EFFICIENCY & CONSERVATION BLOCK GRANT (EECBG): Approve and accept the ARRA - Energy Efficiency & Conservation Block Grant (EECBG) award in the amount of $638,500.00 which will provide funding to support the installation of energy efficient retrofits (i.e., programmable thermostats, motion detectors and T-8 lighting and ballasts) within all City facilities, Pompey Park outdoor athletic field lighting, Fire Station #1 Solar Energy System and to fund a Sustainability Officer position for one year. 8.H. RESOLUTION NO. 56-09BUDGET AMENDMENT: Approval of Resolution No. 56-09 amending Resolution No. 49-09 adopted September 22, 2009 which made appropriations for necessary expenditures of the City for the FY 2009/2010, by setting forth the anticipated revenues and expenditures for the operating funds of the City for the fiscal year 2009/2010. The caption of Resolution No. 56-09 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING RESOLUTION NO. 49-09 ADOPTED SEPTEMBER 22, 2009, WHICH MADE APPROPRIATIONS OF SUMS OF MONEY FOR ALL NECESSARY EXPENDITURES OF THE CITY OF DELRAY BEACH, FLORIDA, FOR THE FISCAL YEAR 2009/2010, BY SETTING FORTH THE ANTICIPATED REVENUES AND EXPENDITURES FOR THE OPERATING FUNDS OF THE CITY FOR THE FISCAL YEAR 2009/2010, REPEALING ALL 4 10/20/09 RESOLUTIONS INCONSISTENT HEREWITH. (The official copy of Resolution No. 56-09 is on file in the City Clerk's office.) 8_I. THIS ITEM HAS BEEN MOVED TO THE REGULAR AGENDA AS ITEM 9.A.A.A.A. 8.J. SPECIAL EVENT REQUEST/RUN FOR MIRACLES/MILAGRO CENTER: Approve and endorse the 4th Annual Run for Miracles sponsored by the Milagro Center to be held on February 6, 2010 from 7:30 a.m. to approximately 10:30 a.m., grant a temporary use permit per LDR Section 2.4.6(F) for the closure of A-1-A from Casuarina to George Bush Boulevard and Anchor Park from 5:00 a.m. to approximately 10:30 a.m., and authorize staff support for traffic control, barricading and clean up, use of half of the small stage, and a waiver of parking meter fees for Sandoway, Ingraham, and Anchor Park as well as along Atlantic Avenue from Venetian Drive to A- 1-A from 8:00 a.m. until approximately 11:00 a.m.; contingent upon receipt of an executed hold harmless agreement. 8.K REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period October 5, 2009 through October 16, 2009. 8.L. AWARD OF BIDS AND CONTRACTS: 1. Contract award to Chaz Equipment Co., Inc. in the amount of $99,255.00 for installing a 24-inch valve on the South Central Regional Wastewater Treatment Plant's (SCRWWTP) outfall pipe. Funding is available from 441-5181-536-65.96 (Water and Sewer Fund/Other Improvements/Reclaim Water Transmission). 2. Purchase award to American Traffic Products & Service (ATPS) in the amount of $18,380.30 for aluminum sign blanks and galvanized posts as replacements for the City's sign shop. Funding is available from 001-3141-541-52.20 (General Fund/Operating Supplies/General Operational Supplies). 3. Purchase award to Carus Corporation in an estimated annual cost of $120,000.00 for Fiscal Year 2009-2010 for the purchase of Poly Phosphate at $1.42 per pound for the Water Treatment Plant. Funding is available from 441-5122-536-52.21 (Water and Sewer Fund/Operating Supplies/Chemicals). 4. Purchase award to Chaz Equipment Co., Inc. in the amount of $50,000.00 for Sanitary Sewer Manhole Rehabilitation projects. Funding is available from 442-5178-536-63.82 (Water and Sewer Renewal & Replacement Fund/Sanitary Sewer Manhole Rehabilitation). 5 10/20/09 5. Purchase award to Chemical Lime Company of Alabama, Inc. in the estimated amount of $720,000.00 for the purchase of bulk quicklime. Funding is available from 441-5122-536-52.21 (Water and Sewer Fund/Operating Supplies/Chemicals). 6. Purchase award to Poolsure of South Florida in the estimated annual amount of $51,200.00 for the purchase and delivery of Sodium Hypochlorite. Funding is available from 441-5123-536- 52.21 (Water/Sewer Fund/Chemicals). 7. Purchase award to PVS Technologies, Inc. in the amount of $260,000.00 for the purchase and delivery of liquid and dry Ferric Chloride for the Water Treatment Plant as needed for the period of November 2009 through September 30, 2010. Funding is available from 441-5122-536-52.21 (Water and Sewer Fund/Operating Supplies/Chemicals). 8. Purchase award to Commercial Energy Specialist in the amount of $16,100.00 for briquettes (chlorine) for the Pompey Park Pool and Delray Swim Club. Funding is available from 001-4135-572-52.21 (General Fund/Operating Supplies/Chemicals). Mr. Eliopoulos moved to approve the Consent Agenda as amended, 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. 9. REGULAR AGENDA: 9.A.A. AGREEMENT/FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION (DEP): Approve a proposed settlement agreement with the Florida Department of Environmental Protection to accept the settlement offer resolving the incident of June 2, 2009 involving the release of wastewater. Funding is available from 441-5161-536-64.90 (Water and Sewer Fund/Machinery/Equipment/Other Machinery/Equipment). Richard Hasko, Director of Environmental Services, stated this item is a request for the Commission to approve staff's proposed resolution to a fine the City received from the Florida Department of Environmental Protection (FDEP) due to an event that occurred on the barrier island during the reclaimed water project construction in June. Mr. Hasko stated the contractor did some directional boring as a means to accelerate the project because of the timeframes we were in. Mr. Hasko stated the contractor hit one of the City's force mains releasing approximately 50,000 gallons of wastewater. Mr. Hasko stated the City had it under control within a matter of hours; however, when you go through this process FDEP does an investigation. He stated the City was held partially liable because it appears we did not properly locate that pipe for the contractor. Mr. Hasko stated after a series of meetings with FDEP the fine levied 6 10/20/09 against the City was $10,000.00. The City had the option to pay that fine in cash or provide an in-kind project in the value of at least 1 and'/z times the penalty amount thus in the amount of $15,000.00. He stated the best approach was to upgrade our locating equipment and our ground penetrating equipment. Mr. Hasko stated the proposal before the Commission is less than $25,000.00 and staff could find a piece of equipment that upgrades our locating capabilities for the $15,000.00. He stated as staff started researching it they found some very exciting things on the market in terms of some upgraded equipment and software that not only will help staff to more accurately locate different types of material on the ground but it will provide three dimensional coordinates for the pipes underground as staff locates them and will electronically feed that into our GIS system. Mr. Hasko stated there is also a $500.00 administrative fee that staff has to pay as well. Mr. Eliopoulos asked if there are going to be several vendors. Mr. Hasko stated he is not sure if they will do actual competitive bids but they will do quotes because he is sure there is more than one type of this equipment and software out there. Mr. Hasko stated this type of technology will give staff the ability to locate a variety of different materials (i.e. metal pipe, PVC, etc.). He reiterated that this type of technology will give staff the ability to extend the types of material of pipes that staff can find underground. Mr. Hasko stated staff can get that for the $15,000.00 and noted the additional money is for the additional equipment and software that gives staff the ability to get three dimensional locations on the underground pipe network that they can feed into the GIS system. Mr. Fetzer stated on a directional boring project or any project where we are digging in the right-of--way what is the City's responsibility versus the contractor's responsibility in terms of location. Mr. Hasko stated the contractor is required by State law to call for locations from all utilities. He stated when the City receives those requests we have 48 hours to physically locate and mark the facilities within the right-of--way. Mr. Hasko stated if we mark the facilities within 48 hours and the contractor hits them anyway, the repairs are on the contractor and any consequences would fall upon the contractor. Mr. Hasko stated if we fail to locate the utility within that 48 hour period and the contractor proceeds after that which he can legally do and he hits it, then he is not held at fault. Mr. Hasko stated in this case the City did not locate it correctly and accurately. Mayor McDuffie stated in a project such as this it would give them a two dimensional location and then you give them depth after that for them to locate undergrounds. Mr. Hasko stated staff provides only two dimensional and with this new equipment will be able to find the depth. The City Manager stated the As-builts should show the depth but there are 60 years of utility construction without proper as-built. 7 10/20/09 Mr. Eliopoulos moved to approve Item 9.A.A. (formerly Item 8.B.), 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.A.A.A. D.U.I. GRANT AWARD/FLORIDA DEPARTMENT OF TRANSPORTATION: Approve acceptance of a grant award from the Florida Department of Transportation (FDOT) in the amount of $87,058.00 for funding for the Police Department's Driving Under the Influence (D.U.L) program. Funding is available from 001-2115-521-12.10 (General Fund/Regular Salaries). Mr. Frankel stated he moved this item off the Consent Agenda after speaking with the City Attorney being that he does not believe there is a conflict but since he is in the profession of representing people that could be arrested on suspicion of DUI, he would like to step down for this item. Mr. Eliopoulos moved to approve Item 9.A.A.A. (formerly Item 8.E.), seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mrs. Gray -Yes; Mayor McDuffie -Yes. Said motion passed with a 5 to 0 vote. 9.A.A.A.A. AGREEMENT/GREEN MEADOWS HORSE & CARRIAGE: Approve an agreement between the City and Green Meadows Horse & Carriage to provide horse and carriage rides along Atlantic Avenue and N.E. 2nd Avenue as specified from November 17, 2009 through April 3, 2010; contingent on the receipt of a certificate of liability insurance. Robert A. Barcinski, Assistant City Manager, stated the Commission is requested to approve an agreement between the City of Delray Beach and Green Meadows Horse and Carriage to provide service along Atlantic Avenue and N.E. 2"d Avenue from November 17, 2009 through April 3, 2010. Mr. Barcinski stated this is a new company and noted the timeframe is shortened. Ten percent of the gross revenue received would be donated to the Downtown Marketing Cooperative to offset cash costs for putting up the Christmas tree. Mr. Frankel stated he has issues with the horse and carriage rides in the downtown because it adds to already one of the highest congested areas in our City and it takes up a minimum of four (4) parking spots and in Item 9.A. they are paying for parking spots. He stated last year a man worked who wore a top hat and would regularly smoke cigarettes and flick them out on the street. Mr. Frankel stated he feels this gives a bad view of the City and therefore will not support it this evening. Mr. Fetzer asked how many years has this been operating. Mr. Barcinski stated it has been approximately six (6) years. Mr. Fetzer asked if the City has received any complaints. Mr. Barcinski stated from a traffic perspective there have been no complaints; however, the City has received occasional complaints about the previous vendor regarding lights on the back of the carriages and one time the City received a 8 10/20/09 complaint about not properly taking care of the urine waste Mr. Eliopoulos commented about a previous complaint about the cars that come over the bridge from the east that if the carriage was going down towards Veteran's Park that the cars could not see the carriage. Mr. Eliopoulos stated he does not know at what speed these cars were driving. Mr. Barcinski stated generally in the major portion of the downtown on the weekends especially during season the traffic is usually moving very slow. Mr. Eliopoulos also commented about the heat concerns. Mr. Barcinski stated that will be eliminated because the cut off will be Apri13, 2009. Mrs. Gray asked Mrs. Ferrer why the Downtown Marketing Cooperative switched vendors. Mrs. Ferrer stated the other vendor just left and noted the horses are the same. Mrs. Gray asked how the Marriott feels with this being stationed in their driveway. Mrs. Ferrer stated during the holidays it is located right next to the Christmas tree and the Marriott is happy to have everything because their guests can come right out and get on the horse and carriage. Mrs. Gray asked if there have been any complaints from any business owners. Mrs. Ferrer stated they stop at the Colony Hotel and it adds to the ambience of the downtown. She stated the carriage has the proper triangle lighting in addition to other lights. Mrs. Gray stated the only complaint she has heard about is the slowing down of the traffic. Mrs. Ferrer stated it is pretty slow to start off with and noted that she has not heard any complaints about that and noted that the people who are actually riding in the carriage really enjoy it. Mr. Eliopoulos moved to approve Item 9.A.A.A.A. (formerly Item 8.L), seconded by Mr. Fetzer. Upon roll call the Commission voted as follows: Mr. Fetzer - Yes; Mr. Frankel - No; Mrs. Gray -Yes; Mayor McDuffie -Yes; Mr. Eliopoulos -Yes. Said motion passed with a 4 to 1 vote, Commissioner Frankel dissenting. 9.A. REQUEST FOR IN-LIEU PARHING SPACE/ATLANTIC ANTIQUE MALL: Consider a request from Atlantic Antique Mall, located at 506 East Atlantic Avenue for the purchase of three (3) in-lieu parking spaces at a cost of $46,800.00, to accommodate a conversion of use. (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. The Commission had no ex parte communications to disclose. Scott Aronson, Parking Management Specialist, stated the Atlantic Antique Mall located at 506 East Atlantic Avenue is proposing to establish a Subway Restaurant utilizing 1,000 square feet of floor area on the northern portion of the building pursuant to LDR Section 4.4.13(G) which requires the provision of the difference of 1 space per 300 square ft. required for retail versus 6 spaces per 1,000 square feet for 9 10/20/09 restaurants which equals 2.67 spaces rounds up to 3 spaces. LDR Section 4.6.9(E)(3) states if it is impossible or inappropriate to provide the required on-site or off-street parking spaces, the City Commission may approve the payment of a fee in-lieu of providing such required parking. The applicant is requesting to purchase three (3) in-lieu parking spaces at a cost of $15,600.00 per space, totaling $46,800 to be paid via an In- Lieu of Parking Fee Agreement. The Comprehensive Plan's Future Land Use Element Policy C-4.1 encourages rehabilitation and revitalization of the Central Business District by addressing several issues, including but not limited to, incentives for mixed use development, allowing outdoor cafes and accommodating parking needs through innovative actions. The proposal furthers the policies, goals, and objectives of the Comprehensive Plan. Although the Cluster Study of 2004 identifies that a desirable mix of retail and restaurant uses in the downtown core area is preferred, staff feels the proposed conversion of use will help sustain retailers in the remainder of the mall. In addition, the availability of reasonably priced meals, predominantly lunch, will serve employees of the surrounding area walking to lunch. At its meeting of September 29, 2009, the Parking Management Advisory Board recommended approval of the applicant's request with a 9 to 1 (Brewer dissenting) vote. The Community Redevelopment Agency (CRA) and the Downtown Development Authority (DDA) at their respective meetings recommended approval of the applicant's request. Staff recommends approval of the request. The applicant was not present. Mayor McDuffie stated if anyone from the public would like to speak in favor or in opposition of the request, to please come forward at this time. Alice Finst, 707 Place Tavant, Delray Beach, FL 33445, stated every time a project such as this nationally known chain has appeared before the Commission the vote has been "no". Mrs. Finst stated it was felt that this did not fit in with the village-by-the-sea. She stated an exception was made for Starbucks and she was under the impression that Starbucks would be the last exception made. Mrs. Finst stated this is not only a parking problem but it brings a change in the appearance of the downtown. She urged the Commission to vote against having this national chain in the downtown. There was no cross-examination or rebuttal. NIr. Fetzer stated in the past he has expressed concern with national chains on Atlantic Avenue and from a zoning standpoint is there anything that does not fit in what the existing LDRs specify. Mr. Dorling stated this would have to go to the Site Plan Review and Appearance Board (SPRAB) and they would not have the ability to deny it based upon what is a policy in the City rather than anything that is spelled out in the LDRs as it relates to national chains. 10 10/20/09 NIr. Eliopoulos commented that there is an existing Subway on Atlantic Avenue and he is fine when it is done as an in-fill within an existing building as opposed to taking the appearance of a larger site. Mr. Aronson stated it is the same owner as the West Atlantic Avenue Subway and this is going to be one of their newest designs. NIr. Frankel asked if this request is premature. NIr. Aronson stated the parking is the most important facet to this and it does not move forward without the parking at which point the applicant would have to pay engineering fees, etc. for plans. NIr. Aronson stated it is in accordance with what the City has been doing over the last several years. Mr. Frankel stated he appreciates the fact about the new designs, etc. but Mrs. Finst made a good point about first it is Subway but then every fast food chain will follow. Mr. Frankel stated one of the things that are the beauty of the East Atlantic region is the mom and pop stores and the charm. The City Manager stated although he concurs with Commissioner Frankel he is not sure if the Commission can use that as a sound legal basis for denying the request. The City Manager stated he has seen some other cities where this turnover has happened (locally owned businesses to a lot of chains). He stated it is not desirable to see happen but unless you are prepared to buy the buildings he is not sure how this can be prevented. In addition, the City Manager stated as the rents get higher only the big chains are able to afford to pay them. NIr. Aronson stated the owner is a local franchisee with the West Atlantic Avenue Subway. NIr. Aronson stated when the owner of the Antique Mall put in the Starbucks it was helpful to his retailers within the mall. He stated the intent was to try and get people in the Subway and have the retail live off the restaurant and the restaurant live off the retail. Mrs. Gray stated she agrees that we do want to keep "mom and pops" type stores in the downtown but at the same time she believes that having a Subway here would bring another type of clientele (younger people that might want to grab a sandwich and walk up and down the Avenue). Also, the prices are a little less expensive than a sit down dinner on the Avenue. Mayor McDuffie asked about the interior. Mr. Aronson stated at the DDA meeting it was proposed that the interior would have sofas and chairs and more upscale from the typical design of wood tables, etc. 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). NIr. Fetzer moved to adopt the Board Order as presented, seconded by NIr. Eliopoulos. Upon roll call the Commission voted as follows: NIr. Frankel -Yes; Mrs. Gray -Yes; Mayor McDuffie -Yes; NIr. Eliopoulos -Yes; Mr. Fetzer -Yes. Said motion passed with a 5 to 0 vote. 11 10/20/09 9.B. INTERLOCAL AGREEMENT/PALM BEACH COUNTY: Consider approval of an Interlocal Agreement between the City and Palm Beach County regarding a grant of $1,000,000.00 for infrastructure in the City's right-of--way in the S.W. 12th Avenue and S.W. 10th Street area. Brian Shutt, City Attorney, stated this is an Interlocal Agreement between the City and Palm Beach County fora $1,000,000.00 reimbursement for the old Carver Estates area. Mr. Shutt stated there is a deadline of the reimbursement of March 31, 2010. However, he stated he has been in contact with Shannon LaRoche of Palm Beach County and she is confident that they could get an extension on that. Mr. Eliopoulos stated he does not want to put a shovel in the ground until we get the extension. Randal Krejcarek, City Engineer, stated staff is going to pursue the extension first. Mayor McDuffie stated he has had discussions about this with Shannon LaRoche and noted he has a very good relationship with the office. Mr. Frankel moved to approve the Interlocal Agreement between the City of Delray Beach and Palm Beach County, 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. 9.C. PROPOSAL FOR SETTLEMENT IN ROBERT HAUPTFUHRER v. CITY OF DELRAY BEACH, et a~: of $35,000.00 in Robert Hauptfuhrer v approval of the proposal for settlement. Consider a Proposal for Settlement in the amount City of Delray Beach, et al. Staff recommends Brian Shutt, City Attorney, stated this is a result of Hurricane Wilma where a boat in the City marina was flipped up on the pier at the marina and the City disposed of the boat. Mr. Shutt stated Mr. Hauptfuhrer is suing the City of Delray Beach and Joseph Weldon, former Parks and Recreation Director. Mr. Shutt stated several months ago the City Commission tentatively approved a $25,000.00 offer to Mr. Hauptfuhrer but he denied that offer. Mr. Shutt stated the City recently had mediation with Mr. Hauptfuhrer and it is their recommendation to approve a $35,000.00 settlement. Mrs. Gray moved to approve the proposal for settlement in the amount of $35,000.00 in Robert Hauptfuhrer v. City of Delray Beach, et al, 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. 9.D. DESIGNATION OF VOTING DELEGATE/NATIONAL LEAGUE OF CITIES ANNUAL BUSINESS MEETING: Designate the voting delegate to the National League of Cities' Annual Business Meeting to be held in San Antonio, Texas on November 14, 2009. 12 10/20/09 It was the consensus of the Commission to not designate a voting delegate due to no one on the Commission attending the National League of Cities' Annual Business Meeting. 9.E. FUNDING CONTRIBUTION/PALM BEACH COUNTY/THE SCHOOL DISTRICT/PALM BEACH COUNTY LEAGUE OF CITIES: Consider a request from Palm Beach County, the School District, and the Palm Beach County League of Cities for support of a Wellness Campaign. The City Manager stated the City received a request from Palm Beach County, the School District, and the Palm Beach County League of Cities for support of a Wellness Campaign. The City Manager stated the City has its own wellness program. Mr. Fetzer moved to approve, seconded by Mr. Eliopoulos. 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 was DENIED with a 5 to 0 vote. 9.F. APPOINTMENT TO THE NEIGHBORHOOD ADVISORY COUNCIL,: Appoint one (1) regular member for Zone 4 to the Neighborhood Advisory Council for an unexpired term ending July 31, 2012. Based upon the rotation system, the appointment will be made by Commissioner Fetzer (Seat #2). Mr. Fetzer moved to appoint Isabel Make as a regular member to the Neighborhood Advisory Council (NAC) for Zone 4 for an unexpired term ending July 31, 2012, 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.G. APPOINTMENTS TO THE BUDGET REVIEW COMMITTEE: Appoint seven (7) regular and two (2) alternate members to the Budget Review Committee to serve terms ending July 31, 2010 and July 31, 2011. Based on the rotation system the appointments will be made by Commissioner Eliopoulos (Seat #1), Commissioner Fetzer (Seat #2), Commissioner Frankel (Seat #3), Commissioner Gray (Seat #4), Mayor McDuffie (Seat #5), Commissioner Eliopoulos (Seat #1), Commissioner Fetzer (Seat #2), Commissioner Frankel (Seat #3) and Commissioner Gray (Seat #4). Mr. Fetzer stated at the last Workshop Meeting he brought up that when the Commission originally talked about this Board they proposed a different name for it. He stated the Commission proposed this as the Financial Review Board as opposed to the Budget Review Committee. It was the consensus of the Commission to bring this back and amend the resolution at the next regular meeting for a change to the name and scope. Mr. Eliopoulos moved to appoint Howard Ellingsworth as a regular member to the Budget Review Committee to serve a one (1) year term ending July 31, 2010, seconded by Mr. Fetzer. Upon roll call the Commission voted as follows: Mr. 13 10/20/09 Frankel -Yes; Mrs. Gray -Yes; Mayor McDuffie -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes. Said motion passed with a 5 to 0 vote. Mr. Fetzer moved to appoint Robert Moore as a regular member to the Budget Review Committee to serve a one (1) year term ending July 31, 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. Mr. Frankel moved to appoint John Warner as a regular member to the Budget Review Committee to serve a one (1) year term ending July 31, 2010, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mayor McDuffie - Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. Frankel -Yes; Mrs. Gray -Yes. Said motion passed with a 5 to 0 vote. Mrs. Gray stated she would like to defer both her appointments to the regular meeting of November 3, 2009. Mayor McDuffie stated he would like to appoint Todd L'Herrou as a regular member to the Budget Review Committee for a two (2) year term ending July 31, 2011. Mr. Frankel so moved, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. Frankel - Yes; Mrs. Gray -Yes; Mayor McDuffie -Yes. Said motion passed with a 5 to 0 vote. Mr. Eliopoulos moved to appoint Yvonne Walker as a regular member to the Budget Review Committee for a two (2) year term ending July 31, 2011, seconded by Mr. Fetzer. 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. Mr. Fetzer stated he would like to defer his appointment to the regular meeting of November 3, 2009. Mr. Frankel moved to appoint Rosalie Blood as an alternate member to the Budget Review Committee for a two (2) year term ending July 31, 2011, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mr. Frankel -Yes; Mrs. Gray -Yes; Mayor McDuffie -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes. Said motion passed with a 5 to 0 vote. At this point, the time being 6:58 p.m., the Commission moved to Item 11, Comments and Inquiries on Non-Agenda Items from the City Manager. ll.A. City Manager's response to prior public comments and inquiries. With regard to a prior concern expressed by Mayor McDuffie about damage to the Swale on Germantown Road, the City Manager stated Environmental 14 10/20/09 Services located the damage and it was not caused by the City contractor but the damage was caused by worked performed by AT&T. The City Manager stated this was brought to staff's attention prior to completion of the project and as an accommodation the City had the sidewalk contractor repair the damage. Residents were not satisfied with the repair that was made and they were advised by staff that they could not direct the sidewalk contractor to perform additional repair work without incurring additional costs on the sidewalk project. The City Manager stated that has been completed and closed out and staff has evaluated the required repair needs and staff will make the necessary repair within the next 30 days. He stated it is such a minor thing (i.e. regrading and getting the sod corrected) that it is not worth pursuing AT&T to try to get them to do it which could take several months. Secondly, he attended a meeting this afternoon in Boca Raton with the Mayors, City Managers, Chamber of Commerce Presidents, and Francisco Perez-Azua, Economic Development Director with the Community Redevelopment Agency (CRA) from Delray Beach also attended a presentation by the Business Development Board about how economic development works, what they do, and the kinds of things the City needs to do to help facilitate economic development. The City Manager stated the presentation was excellent and the plan over the next couple of months is to try and present this to all the City Commissions. He stated he is not sure if they will do this as a group or with one Commissioner from each City so that we do not run into sunshine law issues, etc. At this point, the time being 7:00 p.m., the Commission moved to the duly advertised Public Hearings portion of the Agenda. 10. PUBLIC HEARINGS: 10.A. ORDINANCE NO. 15-09 (SECOND READING/SECOND 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. The caption of Ordinance No. 15-09 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PROVIDING FOR THE ACCEPTANCE OF THE RESURVEY REPORT OF 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. (The official copy of Ordinance No. 15-09 is on file in the City Clerk's 15 10/20/09 office.) The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Paul Dorling, Director of Planning and Zoning, stated this ordinance accepts the recommendations of the Del-Ida Park Historic District Resurvey Report and includes the expansion of the Period of Significance (POS) and reclassification of associated property. Mr. Dorling explained that the original survey was done in 1988 and the resurvey was done in 2009 which are now suggested to be added as contributing a total of 48 properties. He stated this survey was completed in January of 2009 and went to a Workshop meeting of February 10, 2009 and included three recommendations: (1) That the POS be extended to 1970 (currently spans to 1943); (2) that 48 properties be reclassified from non-contributing to contributing; and (3) options for listings on the National Register of Historic Places (NRHP). Mr. Dorling stated recommendation #3 is not part of the ordinance before the Commission at this time but will come back as a separate action. Staff recommends that the Period of Significance (POS) extend through 1965 to remain consistent with prior POS designations adopted by the City which correspond with properties that are at least 45 years old and would be at least 50 years old by the time of the next survey. Mr. Dorling stated there was a question as to if we went to a 50 year versus a 45 year and noted that would affect ten properties and the change would be to 38 properties versus 48 properties. However, staff recommends that we apply that designation to include all 48 properties at this time. At its meeting of September 16, 2009, the Historic Preservation Board (HPB) recommended approval with a 4 to 1 vote (Pam Reeder dissenting). The opposing vote was a member who believed the City should stay with the 50 versus the 45 years. In addition, three property owners were originally opposed to this and one of those persons has since indicated that they are not opposed to the reclassification. At its meeting of September 24, 2009, the Community Redevelopment Agency (CRA) recommended and supported the ordinance and suggested that those affected property owners be given the opportunity to opt out of the reclassification. Staff recommends approval of those original recommendations with the exception of the period of significance which should be to 1965 affecting 48 properties at this time. Mayor McDuffie declared the public hearing open. Dan Sloan, speaking on behalf of the Delray Beach Preservation Trust, stated they support this ordinance and hopes in the future that the period between resurveying is not such a long period of time and there will not be a huge group of properties that then become contributing. There being no one from the public who wished to address the Commission regarding Ordinance No. 15-09, the public hearing was closed. 16 10/20/09 Mr. Fetzer asked what districts we have not done a resurvey for. Mr. Dorling stated all five districts were resurveyed and four of them counting this one would have final action; the only outstanding one is Old School Square that the Commission saw about six weeks ago and the direction was to contact all the people and see who wanted to be in and who wanted to be out. Mr. Dorling stated as a possible alternative staff could bring it back to the Commission and if anybody at that time wanted to be removed they could be removed through the public hearing process rather than ask everyone individually. Mr. Eliopoulos stated anytime you give people in a historic district the option not to be a contributing structure and they are, it is defeating the whole purpose. He supports whatever staff has to do to get OSSHAD back before them again. Mr. Fetzer moved to adopt Ordinance No. 15-09 on Second and FINAL Reading, 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.B. ORDINANCE NO. 41-09 (SECOND READING/SECOND PUBLIC HEARING): Consider a city 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 design landscape requirements to be credited towards the required 25% open space requirement within the Four Corners Overlay District. The caption of Ordinance No. 41-09 is as follows: office.) AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, BY AMENDING SECTION 4.4.9(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 CREDIT; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 41-09 is on file in the City Clerk's The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. 17 10/20/09 Paul Dorling, Director of Planning and Zoning, stated this relates to lot coverage and open space in the Four Corners Overlay District. Mr. Dorling stated throughout the City we allow the 25% open space to include the landscape islands which are internal to parking lots. The City did not allow that for this Overlay District and this is to make the regulations consistent with what we have elsewhere in the City. Mr. Dorling stated when the Overlay District was done staff did not think it was going to be an issue because to maximize development under that it really calls for structured parking. Therefore, staff did not think they would be running into issues of green space in surface parking spaces. Mr. Dorling stated because of the economy, etc. and other issues people are not maximizing the development of those four corners and in the redevelopment of these sites the City is running into an issue with this open space requirement. Staff feels that it is consistent with the balance of the City to address it in this way. At its meeting of September 21, 2009, the Planning and Zoning Board recommended approval of the text amendment with a 7 to 0 vote. The City Commission recommended on first reading of this ordinance on October 6, 2009. Mayor McDuffie declared the public hearing open. There being no one from the public who wished to address the Commission regarding Ordinance No. 41-09, the public hearing was closed. Mr. Eliopoulos moved to adopt Ordinance No. 41-09 on Second and FINAL 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. 10.C. 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. The caption of Ordinance No. 43-09 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 52, "WATER", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, BY AMENDING SECTION 52.34, "WATER RATES", SUBSECTION 52.34(B), TO PROVIDE FOR AN ADJUSTMENT IN RATES FOR FY 2010; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 43-09 is on file in the City Clerk's office.) 18 10/20/09 The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Mayor McDuffie declared the public hearing open. JoAnn Peart, 107 N.W. 9th Street, Delray Beach, FL 33444, stated she does not think this is fair and it does not mean you waste more water just because you use more water. Mrs. Peart stated some of her neighbors who have been there for a long time, have big yards and don't have swimming pools and they do not have a well but have City water to keep their lawns. She stated an example of wasting water would be a bunch of college kids could be living in a condo wasting water by leaving facets on and taking 30 minute showers. Mrs. Peart stated to keep your yard green and nice we do want people to do that. She stated the property south of her has two people living there, a pool, a big yard, and City water and in this economy someone may not be able to spend $4,000.00 to put in a pump. Mrs. Peart stated she recently changed out her pump and some electrical and the cost was $1,300.00. She suggested that there be a waiver or a hardship clause where somebody can come in and say look I have to water my lawn but I cannot afford a well. There being no one else from the public who wished to address the Commission regarding Ordinance No. 43-09, the public hearing was closed. Mr. Eliopoulos stated people have already cut down to watering one day a week. He stated people are going to go to extremes to save this water because times are tight and they are going to be getting hit with these bills. He concurs with Mrs. Peart that some people are not wasting water but are just watering their lawn. Mr. Eliopoulos stated he does not care how we do the calculations because he feels it is going to affect people. Therefore, he cannot support this ordinance. Mr. Fetzer stated he has been a supporter of this because the study that this was based on made a lot of sense from a conservation standpoint. He feels we need to do a lot of public education and use our Green Task Force to develop some ideas. Mr. Fetzer stated we do need to educate our residents on what they can do to do more conservation of our water resources. Mr. Fetzer stated he supports this from a standpoint of conservation. Mr. Frankel stated at first he felt this was an unfair policy but he became educated with the Green Task Force and the conservation aspect. He stated if a family waters their lawn and runs their pool and sees a spike in their bill then he feels they will make changes. Mr. Eliopoulos stated over the weekend their pool was down a foot because of the climate with the heat, etc. and you have to fill it. He stated it is going to be a burden on a lot of people because they have some of these things. Mr. Eliopoulos stated that is not wasting water because you have to put the water in. 19 10/20/09 NIr. Hasko stated this is not an issue of wasting water but it is a function that the fact that the shallow aquifer (our exclusive resource for drinking water) is limited in finite in its ability to provide that resource not only for us but for utilities, municipalities, and private wells. He stated a lot of people in the western County and not only in Palm Beach County are drinking water off of their own wells and there is irrigation off of the same resource. NIr. Hasko stated it all goes back to how much water is available in the ground water resource which is weather dependent versus competing needs for that resource. He stated we are capped at how much water it can take out of the aquifer and the only way we can meet future growth needs is through a combination of conservation and alternative water resources. NIr. Hasko stated the alternative water resource that we are using in conjunction with conservation right now is our reclaimed water expansion system because it is the most cost effective alternative resource available to us at this time. NIr. Hasko stated within the next 4-6 months they are going to implement rule making that is going to permanently restrict landscape irrigation to three days a week. He stated that is going to have a similar affect as to what staff is trying to accomplish with the alternate rate structure. Mr. Hasko stated this is not demographically based but it is targeted to reward low water users and to send a realistic economic message to high volume water users that they need to reduce their use. He stated Delray Beach has some of the highest per capita rates in the County and one of the major reasons for that is because there is a population on the barrier island that has no alternative but the drinking water system to irrigate and customers are using 300,000, 400,000 and 500,000 gallons per month. Mr. Hasko stated 75-80% of residential connections are going to see a reduction in the water side of their bill Mr. Hasko stated if someone's average water use is less than 32,000 gallons per month they will see a decrease in their water bill and if the water use is more than 32,000 gallons per month then those people will see an increase. NIr. Eliopoulos stated he still has concerns with this issue. Mrs. Gray asked if there is a list of the alternative means. NIr. Hasko stated we are extending our reclaimed water system and the City's ordinances we have in place would require people to connect to that system as it becomes available to them. NIr. Hasko stated the City just finished its first project on the barrier island and in the next 3-4 years depending on the availability of funding the City is going to extend that reclaimed water throughout the barrier island. He stated in doing that the City anticipates that they will catch a lot of the high volume users off of the drinking water system and get them on the reclaimed system. NIr. Hasko stated the reclaimed water is an alternative resource for irrigation that the City is taking advantage of because it is sustainable. He stated as long as there is sewage going out to the plant there is going to be reclaimed water available from that plant. Mayor McDuffie stated Delray Beach has been a model for the County in the way we deal with wastewater and believes the steps that Delray Beach is taking are necessary. He feels this sends a correct message. 20 10/20/09 Mr. Frankel moved to adopt Ordinance No. 43-09 on Second and FINAL Reading, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mr. Eliopoulos - No; Mr. Fetzer -Yes; Mr. Frankel -Yes; Mrs. Gray -Yes; Mayor McDuffie -Yes. Said motion passed with a 4 to 1 vote, Commissioner Eliopoulos dissenting. 10.D. ORDINANCE NO. 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. The caption of Ordinance No. 44-09 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE CODE OF ORDINANCES, BY AM- ENDING 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. (The official copy of Ordinance No. 44-09 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. Richard Hasko, Director of Environmental Services, stated this is a restructuring of the retail reclaimed water rate. Mr. Hasko stated when the City first established its reclaimed water ordinance we established two rates; one was wholesale which was the rate that we charge to the large volume users such as golf courses, master homeowners associations, etc. (0.28 per 1,000 gallons); staff established a retail customer rate of $1.00 per 1,000 gallons that would be assessed to small volume users such as businesses or residential. He stated staff is applying the conservation rate structure on a smaller level to reclaimed water and noted the schedule is as follows: 0 to 25,000 gallons $1.00 per 1,000 gallons; 26,000 to 50,000 gallons $2.00 per 1,000 gallons; and above 50,000 gallons is $2.50 per 1,000 gallons. Mr. Hasko stated the primary reason for doing that is while our reclaimed resource is sustainable it is finite in that it is limited to the City's portion of the discharge from that plant which is 50% of the residual capacity after the golf courses that are the plant's customers comes out of it. 21 10/20/09 Mayor McDuffie asked when staff expects to complete 11.A. & 11.B. Mr. Hasko stated 11.A. is complete at this point and the resurfacing should be happening before the end of the month. Mr. Hasko stated the City has to do a valve insertion which the Commission approved on the Consent Agenda this evening in the ocean outfall line downstream from our connection point so that the City can isolate the actual outfall. He stated after that valve is in that valve stays closed and the out streamed end from the plant gets pressurized with reclaimed water the City can begin changing over the connections on the Barrier Island and taking people off the drinking water system. Mr. Hasko stated he expects this will be done before the end of the year. Mayor McDuffie asked if the plan after that is to come back to the west side and look at large volume users for the central irrigation system as like we are doing on the Barrier Island. Mr. Hasko stated after the City finishes the Barrier Island because they still have 11.B. and it depends on the availability of funding and how fast the City can get the Barrier Island done. He stated then the next phase would be the northwest area. Mayor McDuffie declared the public hearing open. There being no one from the public who wished to address the Commission regarding Ordinance No. 44-09, the public hearing was closed. Mr. Fetzer moved to adopt Ordinance No. 44-09 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.E. ORDINANCE NO. 50-09 (SECOND READING/SECOND PUBLIC HEARING): Consider a city initiated amendment to the Land Development Regulations (CDR) 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. The caption of Ordinance No. 50-09 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, BY AMENDING SECTION 4.3.3, "SPECIAL REQUIREMENTS FOR SPECIFIC USES", 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; 22 10/20/09 PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 50-09 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Paul Dorling Director of Planning and Zoning, stated this is an amendment to LDR Section 4.3.3 dealing with special requirements for specific uses in particular medical offices and provides clarification for dispensing of narcotic drugs and amends Appendix "A" providing definitions as they relate to medical offices. At its meeting of September 21, 2009, the Planning and Zoning Board recommended approval with a 7 to 0 vote; at its meeting of September 21, 2009, the Downtown Development Authority (DDA) considered the text amendment and they had some concerns with respect to the legal aspects and recommended that the Attorney General be consulted on this; at its meeting of September 24, 2009, the Community Redevelopment Agency (CRA) did not support the amendment because they had some issues regarding whether this was a legal way to generate trade. The Pineapple Grove Main Street (PGMS) and the West Atlantic Avenue Redevelopment Coalition had not considered it by the time the Commission considered this on first reading. Mr. Dorling stated they have since reviewed it and recommend approval. Staff recommends approval. Mayor McDuffie declared the public hearing open. There being no one from the public who wished to address the Commission regarding Ordinance No. 50-09, the public hearing was closed. Mr. Eliopoulos moved to adopt Ordinance No. 50-09 on Second and FINAL Reading, 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. 10.F. ORDINANCE NO. 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. The caption of Ordinance No. 51-09 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 2.4.3, 23 10/20/09 `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. (The official copy of Ordinance No. 51-09 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Paul Dorling, Director of Planning and Zoning, stated this modifies LDR Section 2.4.3(K) to provide for the establishment of new fees and increases in certain existing fees. Mr. Dorling stated 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. 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. At its meeting of September 21, 2009, the Planning and Zoning Board considered the text amendment and recommended approval with a 7 to 0 vote. The City Commission also considered it at their October 6, 2009 meeting and recommended approval at that time. Mayor McDuffie declared the public hearing open. There being no one from the public who wished to address the Commission regarding Ordinance No. 51-09, the public hearing was closed. Mr. Eliopoulos moved to adopt Ordinance No. 51-09 on Second and FINAL Reading, seconded by Mr. Fetzer. 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.G. ORDINANCE NO. 52-09: Consideration of an ordinance authorizing the creation of local government Neighborhood Improvement Districts pursuant to Florida Statute 163.506. The caption of Ordinance No. 52-09 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE CREATION OF 24 10/20/09 NEIGHBORHOOD IMPROVEMENT DISTRICTS BY THE ENACTMENT OF A SEPARATE ORDINANCE FOR EACH DISTRICT; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 52-09 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Paul Dorling, Director of Planning and Zoning, stated this is an ordinance authorizing the creation of local government neighborhood improvement districts as identified under Florida Statute 163.506. Mr. Dorling stated if passed, individual districts will then be created by separate ordinance. He stated this has been discussed as a possible solution to address unique situations such as funding ongoing maintenance of neighborhood improvements like those installed as part of the Strategic Task Team neighborhood action plan. Mr. Dorling stated this can become a valuable tool particularly for neighborhoods that are required to maintain common elements or improvements and have only voluntary homeowners association without reliable budgets. He stated this ordinance allows 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. The proposed text amendment was not reviewed by the Community Redevelopment Agency (CRA) or the Downtown Development Authority (DDA). At its meeting of September 21, 2009, the Planning and Zoning Board reviewed the ordinance and 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 with a 7 to 0 vote. The City Commission recommended approval on October 6, 2009 and staff recommends approval. Mayor McDuffie declared the public hearing open. There being no one from the public who wished to address the Commission regarding Ordinance No. 52-09, the public hearing was closed. Mr. Fetzer moved to adopt Ordinance No. 52-09 on Second and FINAL Reading, 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. 25 10/20/09 10.H. ORDINANCE NO. 53-09 (SECOND READING/SECOND PUBLIC HEARING): Consider a city 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. office.) The caption of Ordinance No. 53-09 is as follows: AN ORDINANCE OF THE CITY COMMISSION 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 GENERAL REPEALER CLAUSE AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 53-09 is on file in the City Clerk's The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Paul Dorling, Director of Planning and Zoning, stated this is a follow up to the amendment to the sign code that the Commission approved in April 2008. Mr. Dorling stated it was limited to ball fields and had some restrictions with respect to times which corresponded with the Little League baseball schedules. This will allow sponsorship signs to be placed on fences surrounding any sports field at this point to allow other sports such as soccer and football to generate revenue from this mechanism. Mr. Dorling stated since other sports have different seasons than Little League baseball, the date restriction has also been removed. At its meeting of September 21, 2009, the Planning and Zoning Board considered the proposed text amendment and recommended approval with a 7 to 0 vote. The City Commission recommended approval at their meeting of October 6, 2009. Mayor McDuffie declared the public hearing open. There being no one from the public who wished to address the Commission regarding Ordinance No. 53-09, the public hearing was closed. Mayor McDuffie stated he feels we need to make clear to all the sports organizations that these are inward point signs. 26 10/20/09 Mrs. Gray moved to adopt Ordinance No. 53-09 on Second and FINAL Reading, 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. 10.I. 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 to enact a late renewal fee charge. The caption of Ordinance No. 56-09 is as follows: office.) 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. (The official copy of Ordinance No. 56-09 is on file in the City Clerk's The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Paul Dorling Director of Planning and Zoning, stated this ordinance clarifies the cost of permit applications when such applications are received after July 1st Mr. Dorling stated any received after July 1st until December 31st would pay the full cost of the permit and anything after December 31st would pay half the cost of the permit with the year of the permits beginning July 1st of each year. It also provides for a late renewal fee for someone that has a permit and does not renew it or requests an extension by July 1st of each year. At its meeting of September 21, 2009, the Planning and Zoning Board considered this ordinance and recommended approval with a 7 to 0 vote. No one from the public spoke on this ordinance. The Commission considered this at their meeting of October 6, 2009 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. 56-09, the public hearing was closed. 27 10/20/09 Mr. Frankel moved to adopt Ordinance No. 56-09 on Second and FINAL Reading, 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.J. 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. The caption of Ordinance No. 57-09 is as follows: office.) 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. (The official copy of Ordinance No. 57-09 is on file in the City Clerk's The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Brian Shutt, City Attorney, stated this item only changes the consumption of alcohol on the premises from midday to 7:00 a.m. Mayor McDuffie stated at the last meeting there was some discussion about the beginning time. Mr. Frankel stated he does not have a problem with the 7:00 a.m. time; however, he feels it is unfair for a restaurant to serve liquor and not allow a Publix, etc. to do the same. Mayor McDuffie declared the public hearing open. There being no one from the public who wished to address the Commission regarding Ordinance No. 57-09, the public hearing was closed. 28 10/20/09 Mrs. Gray asked Chief Strianese about the 7:00 a.m. starting time. Chief Strianese stated he does not have a compelling argument not to do it but he asked that if the restaurant industry was in favor of this that they provide some sort of an argument to do it. Chief Strianese suggested that we stay status quo and stated if this is done for the restaurant industry then the City will have to do this for convenient stores, Publix, etc. as well. Currently 33 states do not have any laws regulating Sunday sales; 17 do and of the 17 it varies from 7:00 a.m., 10:00 a.m., 12:00 p.m., and 1:00 p.m. Mr. Eliopoulos stated he feels at a supermarket or convenient stores people buy larger sums of alcohol as compared to a restaurant. Mr. Fetzer stated he does not want other cities of county restaurants to have a competitive advantage over our restaurants in Delray Beach. Mr. Frankel stated he supports this but in the same respect he feels it should be done for everyone. Mr. Fetzer moved to adopt Ordinance No. 57-09 on Second and FINAL Reading, 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. At this point, the time being 7:52 p.m., the Commission moved to Item 11.B., Comments and Inquires on Non-Agenda Items from the Public. 11.B. From the Public. 11.B.1. Alson Jacquet, 236 S.E. 3''d Avenue, Delray Beach, stated in April he expressed concern over the drainage issue in his neighborhood. Mr. Jacquet stated he did receive a letter from the City Manager which stated that work was to be starting in September. He stated as of this date nothing has been done in his neighborhood. Mr. Jacquet reiterated that this is a serious issue in his neighborhood. 12. FIRST READINGS: A. None 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. 29 10/20/09 13.C. City Commission 13.C.1. Mr. Fetzer Mr. Fetzer stated he has been working on a Committee with the Library called Lifelong Learning Center. He stated the kick-off event is going to be on November 14, 2009. 13.C.2. Mr. Eliopoulos Mr. Eliopoulos had no comments and inquiries on non-agenda items. 13.C.3. Mrs. Gray Mrs. Gray thanked Mayor McDuffie and some of the community leaders for re-establishing a home for the Knights of Pythagoras to meet. 13.C.4. Mr. Frankel Mr. Frankel thanked the Commission as well as the City Attorney's office for all their work regarding the pain clinic ordinance. He stated this is very good for our City. Secondly, Mr. Frankel stated last week he had the honor of attending the Plumosa event. He stated he was the guest speaker of the Rainberry Bay Men's Club on Sunday morning. 13.C.5. Mayor McDuffie Mayor McDuffie stated he is pleased that we were able to re-establish a home for the Knights of Pythagoras. He stated the relationship between the School District and Palm Beach County is very good. Mayor McDuffie stated Knights of Pythagoras was denied access to the Delray Full Service Center and received an invoice for an annual lease payment of $131,000.00. He stated they were able to speak to a couple of School Board members and they intervened on behalf of the City of Delray Beach and put the Knights of Pythagoras into the Full Service Center. Secondly, Mayor McDuffie stated he was asked to send a resolution to Tallahassee to ask the Legislature to ban texting while driving. Mr. Fetzer stated he had a conversation with Jim Smith about this and there is a ruling from the Attorney General to determine whether or not it is legal for a municipality to pass something like this and the legalities should be considered. The City Manager stated the City is sending a resolution to Tallahassee to ask the Legislature to do something about this. 30 10/20/09 Mayor McDuffie stated he received emails about paving on the beach and noted that this is apparently under control. Lastly, he commented about a bid on completely redoing the irrigation, leveling, and also redoing Fenway. There being no further business, Mayor McDuffie declared the meeting adjourned at 8:10 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 October 20, 2009, which Minutes were formally approved and adopted by the City Commission on City Clerk NOTE TO READER: If the Minutes you have received are not completed as indicated above, this means they are not the official Minutes of the City Commission. They will become the official Minutes only after review and approval which may involve some amendments, additions or deletions as set forth above. 31 10/20/09 FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS LAST NAME-FfRST NAME-MIDDLE NAME NAME OF BOARD, COUNCIL, COMMISSION, AUTHORITY, OR COMMITTEE Frankel Adam Delra Beach Cit Commission MAILING ADDRESS THE BOARD, COUNCIL, COMMISS€ON, AUTHORITY OR COMMITTEE ON ~-~0 ~. $. 6th Avenue, IInit L wHICH 1 SERVE 3S A UMT OF: CITY COUNTY ~ q,(yGITY ^ COUNTY ^ pTHER LOCAL AGENCY Delta Beach, Florida 33483 Palm -Beach NAME OF POLITICAL SUBDIVISION: € D Cit l B h eac o e ta DATE ON-WHICH VOTE OCCURRED MY POSITION i5: October 2~, 209 ~ ELECTIVE R APPOINTIVE WHO MUST FILE FORM 8B This form is far use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or committee. [t applies equally to members of advisory and non-advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. Your responsibilities under the law when faced with voting on a measure in which you have a confict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION '112.3143, FLORIDA STATUTES A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea- sure which inures to the special gain or loss Of a principal (other than a government agency) by whom he or she is retained {including the parent organization or subsidiary of a corporate principal by which he or she is retained); to the special private gain or loss of a relative; or to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or 163.357, F.S., and officers of independent special tax districts elected on a one-acre, one-vote basis are not prohibited from voting in that capacity. For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, €ather-in-law, mother-in-law, son-in-law, and dough#er-in-law. A "business associate" means any person or entity engaged 'in or carrying on a business enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation are not listed on any national or regional stock exchange). ELECTED OFFICERS: In addition to abstaining from voting in the situations described above, you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the min- utes of the meeting, who should incorporate the form in the minutes. APPOINTED OFFICERS: Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made by you or at your direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO 1NFWFNCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: • You mus# complete and file this form {before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the farm in the minutes. (Continued on other side) CE FORM 88 - EFF. 112D00 Item 8.E = Item 9_A_A.A. PAGE 1 APPOINTED OFFICERS (continued) • A copy of the form must be provided immediately to the other members of the agency. • The farm must be read publicly a! the next meeting after the form is filed. IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY C1ISCUSSION AT THE MEETING: • You must disclose orally the nature of your conflict in the measure before participating. • Yau must complete the farm and fife it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting, who must incorporate the form in the minutes. A copy of the farm must be provided immediately to the other members of the agency, and the form must be read publicly at the next meeting after the form is filed. DISCLOSURE OF LOCAL OFFICER'S INTEREST I, Adam Frankel ,hereby disclose that on October 20 , 2p 09 ; (a) A measure carne or will come before my agency which {check one} XX inured to my special private gain or loss; inured to the special gain or loss of my business associate, ; inured to the special gain or loss of my relative, ; inured fo the special gain or loss of , by whom I am retained; or inured to the special gain or loss of ,which is the parent organization or subsidiary of a principal which has retained me. (b) The measure before my agency and the nature of my conflicting interest in the measure is as €ollows: _ ~ t 10/ZO/Z009 date Filed NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $10,OOD. CE FORM 8B - EFF. 112DDD PAGE 2 WHEREAS, Daniel "Dan" Bernheim was a devoted family man and resident of Delray Beach for thirty years; and WHEREAS, Mr. Bernheim, was affectionately known as "Summer Dad" at Camp Danbee, a seven- week summer camp for girls where he worked as a Director for many years; and WHEREAS, he was very active in the community, he volunteered countless hours with different organizations such as "Stand Among Friends," anon-profit organization that helps people with disabilities, and Papanicolaou Corps for Cancer Research, Inc.; and WHEREAS, Mr. Bernheim was a member of the Delaire Country Club from 1993-2009, and served as Chairman and Co-Chairman of the Delaire Charity Golf Tournament, an annual charity golf tournament created for the benefit of public safety; and WHEREAS, under the leadership of Mr. Bernheim, the Delaire Charity Golf Tournament donated over half of a million dollars from 1993 until 2005 to the Delray Beach Fire and Police Departments for their operational needs; and WHEREAS, the funds raised from this charity event were used in the purchase of equipment like the "Jaws of Life," dry suits for rescue diving, thermal imaging cameras, S.W.A.T. Team equipment, community policing bicycles, Kawasaki ATV Mule, polygraph equipment and photography technology for the Detective Bureau which contributed to the safety and welfare of all Delray Beach residents; and WHEREAS, it is appropriate that Daniel Bernheim's contributions be recognized, acclaimed, and permanently recorded. NOW, THEREFORE, I, NELSON S. McDUFFIE, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission do hereby posthumously recognize and commend: DANIEL "DAN" BERNHEIIVi For his unwavering support and efforts on behalf of the City of Delray Beach, and the Delray Beach Fire- Rescue and the Police Departments, and the Delray Citizens for Delray Police. 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 3rd day of November, 2009. NELSON S. IVicDUFFIE IViAYOR WHEREAS, Elizabeth Wesley, fondly known as "Libby," a longtime resident of Delray Beach and a mother of four, conveyed her maternal affection into the community; and WHEREAS, Mrs. Wesley co-founded the Roots Cultural Festival, a celebration of black heritage, thirty-one years ago and continues to be its leading force; and WHEREAS, she cultivated the organization from aone-day event to an attraction that provides year round programs which include cultural, educational and athletic programs; and WHEREAS, she is passionate about the Roots Cultural Classical Series, she believed that, "... children in the arts perform better in school, and if they are better students, they will be better leaders," when she discovered most children are interested in the classical arts, she procured a grant to implement a program where children have the opportunity to learn eight specific arts' disciplines; and WHEREAS, she donated musical instruments to the Plumosa School of Arts to promote education to those children with the greatest need and the fewest resources; and WHEREAS, Mrs. Wesley, a retired educator with the Palm Beach County School District for 35 years and advocate for the children is widely recognized and respected for her contributions in the field of early childhood development and childcare services; and is often asked to give her expert advice and information to legislators, businesses, and parents' organization; and WHEREAS, Mrs. Wesley, is a devoted community activist serving as co-chair for the Palm Beach County School District's African and African-American History Task Force, and as chair of the Arts Committee for Zeta Phi Beta Sorority, Inc.; and WHEREAS, she has been recognized by Old School Square, the Delray Rotary Club and numerous other organizations and boards as a humanitarian, and Mrs. Wesley will be honored on November T, 2009 by the Palm Beach County Caucus of Black Elected Officials as one of the "2009 Women of Courage & Achievement." NOW, THEREFORE, I, NELSON S. 1VICDUFFIE, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission, and the Citizens of Delray Beach, hereby recognize and commend: ELIZABETH "LIBBY" WESLEY and call upon all present to acknowledge and applaud her longtime outstanding and exemplary dedication, multitudinous contributions and accomplishments to the City of Delray Beach, its residents and her community. 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 3rd day of November, 2009. NELSON S. 1VICDUFFIE WHEREAS, the City of Delray Beach would like to acknowledge Dr. Theodore A. Bush, who will celebrate twenty-five years as Senior Pastor at the First Presbyterian Church of Delray Beach on November 8, 2009; and WHEREAS, Dr. Bush, his wife Mary, and their young children moved to Delray Beach from Chicago, Illinois; and WHEREAS, Dr. Bush, an advocate for the betterment of the community, after touring apoverty-stricken area with migrant activist Caridad Asencio, and witnessing working poor families living in dismal conditions with no electricity, running water or health insurance, collaborated with others to establish the Caridad Center, a nonprofit organization; and WHEREAS, Dr. Bush, a humble man with a big heart, provided church funds to convert a van to serve as a place to give eye exams after nearly losing sight in one his eyes years earlier; and WHEREAS, he worked with youth from high crime areas to combine exercise with rules of behavior to formulate the baseball team, "Carver Cubs," which went on to have a winning season. When damage from Hurricane Wilma forced the field to close, Mr. Bush was instrumental in its renovation. NOW, THEREFORE, I, NELSON S. McDUFFIE, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission, do hereby proclaim November 8, 2009 as: DR. THEODORE A. BUSH DAY and call upon all present to acknowledge and applaud the multitudinous contributions Dr. Theodore Bush has made to his community and church. 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 3rd day of November, 2009. NELSON S. McDUFFIE MAYOR MEMORANDUM TO: Mayor and City Commissioners FROM: Trade M. Lutchmansingh, P.E., Assistant City Engineer Richard C. Hasko, P.E., Environmental Services Director THROUGH: David T. Harden, City Manager DATE: October 15, 2009 SUBJECT: AGENDA ITEM 8.A. -REGULAR COMMISSION MEETING OF NOVEMBER 3, 2009 REQUEST FOR SIDEWALK DEFERRAL/951 IRIS DRIVE ITEM BEFORE COMMISSION Request for sidewalk deferral along Iris Drive for the property located at 951 Iris Drive. BACKGROUND This property will be a new single family residence located on the north side of Iris Drive. There are currently no plans to install sidewalks along Iris Drive. RECOMMENDATION Staff recommends approval. Prepared By: RETURN T©: R. Brian Shutt, Esq. City Attorney's Office 200 N.W. ist Avenue Delray Beach, Florida 33444 AGREEMENT FOR SIDEWALK IMPROVEMENTS THIS AGREEMENT entered into this ~ ~' day of (/ ~ ` , 200_, between the City of Delray Beach (hereinafter the City} and ~~~.~ ~~~~ j /~~im•~"~ (hereinafter the Owners}, for the purpose of waiving the requirement of the installation of a sidewalk along ~j 1 .~,~ ~~ .~~ i +t ~~°" until such time as the City requests the construction of the sidewalk by the Owner, WHEREAS, Land Development Regulation Section b.1.3(C} requires the installation of a sidewalk, r~vithin~e ~~ ~ right-of--way immediately abutting the subject property, by the Owner prior to the issuance of a certificate of occupancy; and, WHEREAS, the Owners have requested a waiver from the requirement of the installation of a sidewalk pursuant to Land Development Regulation Section 6.1.3(D)(1}(b}; and, WHEREAS, in order to provide conformity along the street the City Commission voted to waive the requirement for the installation of a sidewalk until such time as the City requests the Owner construct the sidewalk. S, 4E+rgdd+tti+tlsrdeia>aTk deferrals4sidewalkdeferra! ag+'ee++tc.al.dc~c WITNESSETH NOW, THEREFORE, in witness of the above and in consideration of the City agreeing to waive the requirement for the installation of a sidewalk, at this time, for the property located at: t~n,C~ ~~ S.~L~ d~+r~OV. ~+wv:L- ~x\~e_. 3_R-.~ Se-t_ ~ ~ 3 cZ~' Q CrS 3b ~.3~ 1. The Owner agrees to construct a sidewalk, at its sole cost and expense, along the .~ ~? -,~ ~'' right-of--way abutting the subject property, within a time period that is acceptable to the City, after being requested to do so by the City. The sidewalk, when coz~stz-ncted, shall meet all of the current ordinances of the City of Delray Beach. 2. It is the intent of the parties that this Agreement shall ran with the land. This Agreement shall be recorded in the public records of Palm Beach County, Florida and shall be binding on the parties legal representatives, heirs, successors and assigns. IN WITNESS WHEREOF, the parties to this agreement set their hands and seals this day of , 200_. ATTEST: City Clerk CITY OF DELRAY BEACH, FLORIDA By: Mayor Approved as to form and sufficiency: City Attorney S: i~}rgAdtnirrlsidewalk deferrals~sidexrtlk deferral agreenrent.dd~ WITNESSES; (Please type or print nam (Please type or print name) STATE OF Q COUNTY OF ~ OWNER; By: BEFORE E personally appeared ~~,-~~ ~~3.~ ~c 1~__ ~ who [is] [are] personally own tom or [has] [have] produced [and respectively] as identification, and who executed the foregoing instrument, and acknowledged before me that [he] [she] [they] executed said instrument for the purposes expressed therein. WITNESS my hand and official seal this ~ day of ~ a ; ` 20 a Y PU~31 ICSTAT~ OF FLOI~nA My commission expires: ~o'~~, ~aartne ~veday ~ =~ ~~Com~~sss° U YQ9~~011 NotaryPublie .~ expires ~ cco.,~G '~nn~•`` T~~ ATE.Al`(T1080,*IO[ly BO~~ (Seal) ag~s'sdewalk c[eferral agreen3e;it S: lF.1lgAdrr~rnLsidewalk defef•ralsisidewalk deferral r~greenrelri.db~ W ~ ~ ~ DC ~ D = ~O ~1 ~ 0 ~ J U (~ N m N 0 0 N O C7 O MEMORANDUM TO: Mayor and City Commissioners FROM: Estelio Breto, Senior Planner Paul Dorling, AICP, Director Planning and Zoning THROUGH: City Manager DATE: October 23, 2009 SUBJECT: AGENDA ITEM 8.B. -REGULAR COMMISSION MEETING OF NOVEMBER 3, 2009 ACCEPTANCE OF RIGHT-OF-WAY DEED/ALOHA CLEANERS ITEM BEFORE COMMISSION The action requested of the City Commission is acceptance of a right-of-way deed associated with Aloha Cleaners located on the N.E. corner of N.E. 5th Avenue and N.E. 2nd Street (501 N.E. 2nd Street). BACKGROUND The subject property consists of the south 50 feet of Lot 10, Block 106, Town of Delray, and is 0.14 acres. The property is located at the northeast corner of N.E. 5th Avenue (southbound Federal Highway) and N.E. 2nd Street and is zoned Central Business District (CBD). The building was originally constructed in 1970 to accommodate a dry cleaning facility. At its meeting of June 25, 2008, the Site Plan Review and Appearance Board (SPRAB) approved a Class III site plan modification for Aloha Cleaners. This approval involved the construction of a 1,423 sq. ft. second story addition to the existing one story dry cleaner business. The site plan modification approval is subject to a condition that 2 feet be dedicated for the alley along the east property line. The right-of-way deed has been reviewed and approved by the City Attorney's Office for legal form and sufficiency. RECOMMENDATION By motion, accept the 2 foot right-of-way deed associated with Aloha Cleaners. Prepared by: RETURN: R. Brian Shutt, Esq. City Attorney's Office 200 N.W. 1st Avenue Delray Beach, Florida 33444 PIN # RIGHT-OF-WAY DEED THIS INDENTURE zxaade this 1 S day of October, 2009, between ~~ ~ ~ ~ ~1 ~-~~~t~- ~-~? L~C~ , with a mailing address of ~ ~ 1 ~ _~ . ~.~ ~-~i 2`l~ ~~", as party of the first part and CrTY OF DELRAY BEACH, FLORIDA, a Floxida municipal corporation with a mailing address of 100 N.W. 1st Avenue, Delray Beach, Florida 33444, as party of the second part. WITNESSETH: That said party of the first part, for and in consideration of the mutual promises herein contained and other good and valuable consideration, does hereby grant, remise, release, quit claizx~ and convey unto the parry of the second part, its successors and assigns, all right, title, interest, claim and demand which the party of the first part has in and to the following-described land, situate, lying and being in the County of Palm Beach, State of Florida, to-wit: See Exhibit "A" attached hereto. This Deed is made for the purpose of giving and granting to the party of the second part, its successors and assigns, aright-of--way and easement in and to said lands for public highway, street, and public utility purposes and the maintenance thereof; and is made, executed and delivered with the express understanding and condition that should the same ever be discontinued or abandoned as a public highway or street, the title to same shall thereupon revert to and revert in the party of the first part or assigns, except that the easement for public utility purposes shall remain until released. That this right-o E way shall be subject only to those easements, restrictions, and reservation of record. The party of the first part agrees to provide for the release of any and all mortgages or liens encumbering this right-of way. The party of the first part also agrees to erect no building or effect any other kind of construction or improvements upon the above-described properly. Party of the first part does hereby fully warrant the title to said land and will defend the same against the lawful claims of all persons whomsoever claimed by, through or under it, that it has good right and lawful authority to grant the above-described right-of--way and that the same is unencumbered. Where the context of this Right-of--Way Deed allows or permits, the same shall include the successors or assigns of the parties. TO HAVE AND TO HOLD THE SAME, together with all and singular the appurtenances thereto belonging or in anywise incident or appertaining, and all the estate, right, title, interest, and claim whatsoever of the said party of the first part, in law or in equity to the only proper use, benefit, and behalf of the said parry of the second part, its successors and assigns. IN WITNESS WHEREOF, said party of the first part has hereunto set their hand and seal the date first above written. Signed, sealed and delivered in .the presence of: i~ G ~/ (Name printed or type ~.....~; (Name printed or typed) STATE OF ~UYIC~I~- COUNTY OF (~ ~ ~ 13-e-c°~. ~-- The foregoing instrument me or has produced PARTY OF THE FIRST PART By; ~ (~ f (Name printed or typed) ~ r' 1~l L ~-IVd ~'~~ ~~ ~ -~ (Address) was acknowledged before me this ___ ..._,day of ~-~ PX:~ +~ hc~, ~CL~ ~ who is sonar lcno~m to as id ti„fication. Signature of of Public - State of Flori ~~~Riy,TM eaaar.rere.aaae.arr.ae; SNYDER t~ru~u`vo ,`~`Y}v~~ Comm# DD0732282 ~~ 4~ Expires 31/7/2091 v '3 ~ti C '`n„~,,,,~,o~ Florida Notary Assn., Inc d nar nrr^raar^rra u.aur.a a rarrra e e vrrsa a na-~,.° 2 DESC.RIPTiON: A' Parcel of land lying in Section 16, Township 46 South, Range 43 East, City of Delray Beach, Palm Beach County, Florida. Said Parcel being the East 2.00 feet of the South 50 .00 feet of Lot 10, Block 108, as recorded in the Map of the Town of Linton, Florida, in Plat Book 1, Page 3, Public Records of Palm Beach County, Florida, said parcel being more particularly described as follows: Beginning at the Southeast corner of said Lot 10, Block 106; Thence South 89°44'05" West along the south Eine of said Lot 1D, Block 108, a distance of 2.00 feet; Thence North 01 °08`35" West along a line parallel with and 2.00 feet West of, as measured at right angles, the East line of said Lot 1 D, a distance of 5D.00 feet; Thence North 89°44'05" East along a line parallel with the South line of said Lot 1 D, a distance of 2.00 feet to a point on the East line of said Lot 10; Thence South 01°D8'35" East along the East Line of said Lot 10, a distance of 50.00 feet to the Point of Beginning. Said parcel Containing 1D0 square feet. H L-LI .¢..I ~ [l Z I ¢~~ ~ o; =Q~ ~o~ H wz r z~ F ~~ 1 D.00` i w ~ o ~ ~ oa ~~ Z~ O LOT 9 BLOCK 106 (P.B. 1, PG. 3) N89°44'45"E 135.0[3' 16' 125.00' ALLEY RM! RE=MAINDER OF LOT 10 N89°44'05'"E ~! BLOCK t46 2.00' I C~~G=~/~ PREPA D BY:b MIC EL J. MILLER, P.S.M. MILLER SURVEYINCa AND MAPPING 1121 LAKE AVE. LAKE WORTH, FL. 33460 DATE: 0911112DD9 W N S E ~ 2' ADDITIONAL ' ' RIGHT~OF-WAY I _ of to °~ ~I I © ~ `~ LOT 20 °1 I © m m BLOCK 106 THE SOUTH 50' OF L I I ~ o ~ (P.e. 1, PG. 3) 1,oT i o ~I I w o eLOCx 1 as ~ ~ m (P.B. 1, PG.3) ~ co I I o0 o ~I I ~~ ~ T• ~ P.O.B. OI I O ~ THE SOUTHEAST CORNER OF zl I ~ LOT 10, BLOOK 106 "MAP OF THE TOWN OF LINTON" 106.23" I I (P.B. 1, PG. 3} S89°44'05"W 135.00' ~' ~\ SOUTH LINE OF LOT 10, BLOCK 106, (P.B. 1, PG. 3) i o~ ~~ N~ N.E. 2ND STREET ("THOMAS AVE," -PLAT) ~ - ~ - - ~- ." SKETCH OF DESCRIPTION THIS IS NOT A BOUNDARY SURVEY S89°44'05"W 2.00" S89°44'05"W BEARING BASIS _. LEGEND B.R. =BEARING REFERENCE P.O.B.- POINT Of BEGINNING P.B. =PLAT BOOK ~=CENTERLINE RNV= RIGHT OF WAY REFERENCES SCALE: 1"-2a' MILLER LAND SURVEYING ~ 0446$ QRAINING: PICARD 1121 LAKE AVE. .~aB No. YosoQ61 FIELD: N.A. LAKE WORTH, FLORIDA 33460 PHONE:561-588-2669 Y090521 DATE: 09/11/1009 FAx:561-582-0151 www.millersurveying.com S-29 373~C ~ rH sr. w z z I a c N.E 2ND 4TH ST. w a ~ r ~ ~ _ = w a J J Q Q W ~ W W ~ ~ W W W W J_ Q = ~ H ~ ~ 3RD ~-- W w f- Q z a Q S T. 0 Q ~ ~ ~ w Z Z -~ > ~ ~ ,,; ~ ¢ O O z m m U ~ ~ 4i ~ ~ ~ O O Ul Z N.E. 1 ST ST. > _ Q ~ w p O z Z Z ~ ~ _ _ vi ~ I ~ z ~~ A T L A N T I C A V E U E Q J f- Q U Q F- z ~„° JlN`. N SUBJECT PROPERTY ALOHA CLEANERS ~.,. ~ ~ _ ~~~ ~ 0 501 NE 2ND STREET ~~'~ ~ PLANNING AND ZONING ~~~~?--~~ DEPARTMENT 12-43-46-16-01-106-0101 LQCAT~ON MAP ,~ -- D/G/TAL BASE MAP SYSTEM -- MAP REF: S:\Pla n Wing & Zoning\DBMS\File-Cab\Z-LM 1001-1500\LM1073_ALOHA CLEANERS :~ ~~a~ w~ w~ o ~~ _~ s - - -_ Y~-F G~ ~ ~C>< ~ ~~ p~ ~o W _ ~ - _ ~QOg~ a.o a~W~ _ ~~ _ ~FSp° ~~F ~o $~ G o~Fp~ <xa°<a x o~p~w -~ w'" ~ y 5=8NO~ 5~ SNN SaN~ 5~ b O ~ G V I I II I J m II I ~F I ~o ~ ~ ~ - - s ~ ~I I s°o I = I oo d - I ~I ~w ~e I ~_ ~ ~ ~ .,_~ ~~°. ~00~09~ II ~ II -- -t-k -~ I ~ - I~ I - -~-- _ ----- I II ~ 1 i s~o I I, _ ~~ ___ ~ -- N~~ --- ~~~ ~---i I ~ ~ I ~ ~ I g I ~ I ~~~~ .o ~~~ ~ ~ ~~ ~ I Ili ~ gal ~ I I 1 i I I I ' I I II I I _ - I ~ I ' a II ~ I ~ L7 = ~ ~ ,_ 9I ~ I ~ W ~ I I o I D a J R' 7 2 I I I -e K y D J O m r~ ~I I m y Q~ O V p ,, 'a - I r I N In W I I R' F~ Q I° , ~ m s _ I c v x of ~1 NI i I ~i I I i . LL ~I FI i I s - << x3 i I I a-,~ ~N~u~x3 1 ~ I - o k ~ J I o o I pG N I I ~ m ~ ~ ~ BFI ~ I II p o< ~w ~ N aQ I I I I I ~ ~~ o »~_ _- ~`. m £ ~ s \ I¢ ~ ~ I I II J / ~_ ~ I~ ~ y v . ~ :. ` - _ ~ I o Q _ - - - - - - - _ ~. - - /, o -- -- ~- V _ ~~~ < ~ °~ =s - ~w ~< ~~ 50 ~m ~'~ '3Atl N15'3'N MEMORANDUM TO: Mayor and City Commissioners FROM: Terrill Pyburn, Assistant City Attorney THROUGH: City Attorney DATE: October 15, 2009 SUBJECT: AGENDA ITEM 8.C. -REGULAR COMMISSION MEETING OF NOVEMBER 3, 2009 EXTENSION OF TIME UNDER SETTLEMENT AGREEMENT/FRANK & NILSA MCKINNEY &VILLAGE BY THE SEA, LLC V. CITY OF DELRAY ITEM BEFORE COMMISSION Extension of time under Settlement Agreement dated December 16, 2008 to remove and relocate the treehouse accessory structure. BACKGROUND The McKinneys are requesting an extension of time until January 31, 2010 to obtain a Certificate of Occupancy for the relocation of the treehouse accessory structure as it is taking longer than 90 days from date of building permit (issued in July 2009) in order to save the strangler fig of which the treehouse has become intertwined with, relocate the structure on the property, and to bring it up to current Florida Building Code Standards. RECOMMENDATION The City Attorney's Office recommends approval. MEMORANDUM TO: Mayor and City Commissioners FROM: Richard C. Hasko, P.E., Environmental Services Director THROUGH: David T. Harden, City Manager DATE: October 27, 2009 SUBJECT: AGENDA ITEM 8.D. -REGULAR COMMISSION MEETING OF NOVEMBER 3, 2009 AGREEMENT/UNITED STATES ENVIRONMENTAL PROTECTION AGENCY ITEM BEFORE COMMISSION Consideration of an agreement with the United States Environmental Protection Agency (USEPA) to become a promotional partner in the EPA WaterSense national program. BACKGROUND USEPA sponsors a national program called WaterSense intended to identify and promote products that contribute to reduced water use and conservation. The program also provides public education materials and news items for a variety of utility customer classes targeting conservation methods available to users. Partnership in the program is cost free to the City and will provide a valuable tool in the public education element of our water conservation program. The attached materials outline the basics and goals of the program as well as program guidelines. Also attached is a brief agreement formalizing the City's relationship with USEPA as a program partner. FUNDING SOURCE No funding required. RECOMMENDATION Staff recommends approval to enter into an agreement with USEPA as a promotional partner in the WaterSense program OM[~ Control Nurnbcr 2040-OZ7Z Approval Expires 01~31~7010 Partnership Agreement: Promotional Partners Section l: EPA 1NaterSense'~ Program Goals The EPA WaterSense program goals are to use water resources more efficiently to preserve them for future generations and reduce water and wastewater infrastructure costs by reducing unnecessary water consumption. Through WaterSense, EPA will provide reliable information on high-performing, water-efficient products and practices, raise awareness about the importance of water efficiency, ensure water-efficient product performance, help consumers dif- ferentiateamong products and programs that use less water, promote innovation in product development, and sup- port state and local water efficiency efforts. Section 11: Partnership Pledge As an EPA WaterSense promotional partner, The City of Delray Beach (name of organization), shares EPA's goals as outlined above and is proud to commit to the following activities to further these goals: 1. Promote the value of water efficiency and encourage the purchase of WaterSense labeled products as an easy and desirable option to reduce water use both in our internal operations and for water users in our purview, such as cus- tomers, residents, businesses, and institutions. We will also promote services performed by WaterSense professional partners (e.g., irrigation partners). 2. As appropriate, encourage eligible constituents, members, or affiliates to participate as partners in the EPA WaterSense program. 3. Where feasible, sponsor incentive programs or other public events to promote WaterSense labeled products and the benefits of water efficiency. 4. For utilities and governments: On an annual basis, provide data to EPA on promotional activities, incentive pro- grams, and water use to assist in determining the impact of the program in promoting labeled products. 5. For applicable trade associations: Provide aggregate data to EPA on market share of WaterSense labeled prod- uctsand programs in relevant industry. Compile data submitted by members who are also WaterSense partners into a summary report to assist EPA in evaluating market trends and the success of the WaterSense program, with- out disclosing any proprietary information from members. 6. Feature the WaterSense promotional label and partner logo on Web site and in other promotional materials. 7. Adhere to WaterSense promotional label, partner logo, and program logo use guidelines and ensure that author- ized representatives, such as advertising agencies, distributors, and subcontractors, also comply. Help EPA maintain program integrity by alerting EPA to possible misuse(s) of the WaterSense marks. 8. Grant the EPA WaterSense program permission to include partner's name on a list of participating partners on the WaterSense Web site, program materials, and announcements. Partners understand that from time to time, EPA will be interested in profiling partner accomplishments in case studies and articles. If selected for such promotion, partners will have the opportunity to provide input and review the final product prior to release to the public in EPA printed or Web documents. Further, the partner understands that EPA might refer media contacts interested in publicizing water efficiency to partners for information about products and accomplishments. Section 111: EPA 1NaterSense Program's Commitments to Partners 1. Develop national specifications for water-efficient products and programs through an open, public process. 2. Increase awareness of the WaterSense brand by distributing key messages on the benefits of labeled products and programs, and the importance of water efficiency. 3. Provide current EPA WaterSense program news, information, and reference documents (via the program Web site, WaterSense Helpline, e-mail, or other means), including a listing of labeled products and programs on the Web site. EPA Form Number 6100-06 4. Provide WaterSense partners with public recognition for their involvement in the program and role in protecting the environment through online listing of partners, special awards, publications, and other efforts. 5. Respond swiftly to partner requests for information or clarification on EPA WaterSense program policies. 6. Provide materials, templates, and marks for promotional use, consistent with the WaterSense program guidelines. 7. Review pre-press promotional items, draft Web sites, packaging, or other materials that use the WaterSense marks upon request. Section 1V: General Terms and Disclaimers 1. The partner will not construe, claim, or imply that its participation in the EPA WaterSense program constitutes fed- eral government (EPA) approval, acceptance, or endorsement of anything other than the partner's commitment to the program. 2. The partner understands that the activities it undertakes in connection with the program are voluntary and not intended to provide services to the federal government. As such, the partner will not submit a claim for compensa- tion to any federal agency. 3. The partner and the EPA WaterSense program will assume good faith as a general principle for resolving conflict and will seek to resolve all matters informally, so as to preserve maximum public confidence in the program. 4. Failure to comply with any of the terms of this partnership agreement can result in its termination and cessation of access to the benefits of the program, including use of the program marks. 5. The EPA WaterSense program will actively pursue resolution of noncompliance related to the use of the program marks. 6. Both parties concur that this agreement is wholly voluntary and may be terminated by either party at any time, and for any reason, with no penalty. Termination will begin effective immediately upon written notice to or from the EPA WaterSense program. Upon termination of this agreement, partners agree to remove program marks in a timely manner, consistent with the WaterSense promotional label, partner logo, and program logo use guidelines. To be completed by EPA Authorized EPA Representative (printed name): Sheila Frace Title: Director, Office of Water, Municipal Support Division Signature: To be completed by partner Authorized Partner Representative' (printed name): E-mail: watersense@epa.gov Date: David T. Harden Title: City Manager E-mail: harden@ci.delray-beach.fl.us Signature: Organization Name: City of Delray Beach Industry/SIC/NAILS code: Number of employees: 844 Primary Contact: Dr./Mr./Mrs./Ms. Mr. Richard C. Hasko, P.E. Suffix: Title: Director Dept: Environmental Service E-mail: hasko@ci.delray-beach.fl.us Address: 434 South Swinton Avenue Date: City/State/ZIP: Delray Beach, FL 33444 County: Palm Beach Telephone: (561) 243-7336 Fax: (561) 243-7060 Alternate Telephone: Primary function: ~I Communications/Public Affairs ®i Technical ~ Other: Municipal Government How did you find out about this program? Web site ~ Referral, Name: South Florida Water Management District ~ Periodical . Mailing EPA Region .~ Other: The Authorized Partner Representative should be a person in the organization with signing authority (e.g., vice president). Web site: mydelraybeach.com ~ Workshop, Sponsor: EPA Form Number 6100-06 Submit the Partnership Agreement (rewriteable PDF) to 1NaterSense via: Fax: (703) 841-1440 Mail: WaterSense, c/o ERG, 2300 Wilson Blvd, Suite 350, Arlington, VA 22201 Electronically: Ifyou have Adobe Acrobat Standard or Professional, you can fill out the form electronically and e-mail it to: watersense~~epa.gov. Acrobat Reader users must print forms after filling them out and fax or mail them in. Please contact the WaterSense Helpline at (866) WTR-SENSE (987-7367) if you have any questions about eligibility, partnership, or for general program inquiries. After signing, EPA will send partners an executed copy of this agreement. The public reporting and record keeping burden forthls colledlon of information Is estimated to average 8 hours per response Said comments on the Agaxy's need forthls Information, the accuracy of the provided burda~ estimates, and any suggested methods for minlntizing respondent burden, Induding through the use of auto- mated collection techniques to the Du~edor, CoIledlon Strategics Division, US. Bivlronmaital Protedlon Agaxy (2822T), 1200 Pennsylvania Ave, NW, Washington, D.C. 20460. Include the OMB control number In any mrrespondaxe. Do not said the completed Partnership Agrcar~ent to this address. EPA Form Number 6100-06 Hasko, Richard Frain; Harden, David Sent: Saturday, October 24, 2009 12:32 PM Ta: Reade, Richard; Hasko, Richard Subject: FW: WaterSense -Water Conservation Initiative Attachments; image001.jpg Follow Up Flag: Follow up Flag Status: Completed Please review this and advise what you think we should do. From: Corry, Laura [mailto:lcorry@sFwmd.gov] Sent: Thursday, October 01, 2009 9:50 AM To: Corry, Laura Cc; Sewell, Aneta; Maeyens, Dee; Koptak, Kimberley Subject: FW: WaterSense -Water Conservation Initiative Good Morning, The District recently became a WaterSense Partner. This i5 a program sponsored by ~.rSEP.~. More information is below-. ~~''e would like all of Palz beach County's local governments to also become WaterSense Partners. Please let me krzo~v if your local government would like to become 5~i'aterSense Partner. The District is tracking this as part of the Water Conservation Annual Workplan. If yore have any specific questions regarding the District's effort to become a WaterSense Partner, please do not hesitate contact me. ;~ecatne a atcrSense Pa~°tne~- WaterSense, a partnership progxa sponsored by the U.S. Environmental Protection .Agency, rraakes it easy- for Americans to say=e water and protect tl?e en.viro~ent. EPA is building WaterSense as a national brand for water efficiency. ~~e brand is mare than first a product label; it is a symbol. that represents the irr~portace of~~.ater efficiency in the t;nited States. With the help of our partners, WaterSense will encourage water-efficient behaviors and the purchase of quality products that use less water. In April 2009, the South l~'lorida Water Management District became a ~~IaterSense Prorriotioxal Partner i~-~ order to share inforzr~atian about the program ~,-ithin our area. We're asking local governments to join ©a:~r District-wide efforts in water conser~°ation by bocoiz~g a V~'aterSense Part~ler. Reasons to become a WaterSense Promotional Partner: - Water effieiency measures as part of broader conservation efforts can help reduce water and wastewater infrastn:icture costs and protest resources for future generations. - Strengthen ypur waeer-efficiency autreach efforts ~n•ith a credible, national brand and a strong, consistent irressage. - Reduce market research costs and increase confidence in promoting water-efficie~at products that meet or exceed ~~'aterSense specifications. - Receive recognition from EPA as an en~lirontnental stevvard and distinguish your organization as a leader in water efficiency by using the WaterSense partner logo. - lncreas~ exposure for your organization by being listed as a partner on the WaterSense ~~=eb site. - ~ceess and customize tree tools and resources to help pro~r~ote V4TaterSense and the need for water efficiency. - Network and collaborate with other ~VaterSense Partners to share resources while increasing the irrrpact of your water-efficiency message. ~'or more information on becoming a ~VaterSense Partner; please visit ~~n~~.e~a.go~~/i~atersense Thank you. ~~~c~ s .gym `~~~•~°.° Lead Intergovernmental Representative Palm Seach County Service Center South Florida Water Management District 3301 Gun Club Road West Palm Beach, FL 33406 Phone: (561) 682-6012 FL WATS (800) 432-2045 ext. 5012 Fax: (561) 582-5383 Cell: (561} 906-4641 *** eSafe scanned this email for anaiicious content *** *** IMPORTANT: Do not open attachments from unrecognized senders *** 2 WaterSense Program Guidelines I. WaterSense° Program Guidelines I. General Program Information .............................................................................................3 A. Program Overview ....................................................................................................... ..3 B. Authority ...................................................................................................................... .. 3 C. Roles and Functions .................................................................................................... ..3 II. Pro duct Labeling ............................................................................................................... ..4 A. WaterSense Product Evaluation Factors .................................................................... ..4 B. Specifications .............................................................................................................. ..5 C. WaterSense Label Requirements for Products ........................................................... ..5 D. WaterSense Label Suspension and Withdrawal from Products .................................. ..7 E. WaterSense Mark Monitoring, Violations, Enforcement, and Discontinuation ............ ..7 F. Revisions to WaterSense Product Specifications ....................................................... ..8 III. Pro fessional Certification Program Labeling .................................................................. ..9 A. WaterSense Program Evaluation Factors ................................................................... ..9 B. Specifications .............................................................................................................. 10 C. Labeling Process, Timing, Requirements, and Notification ......................................... 10 D. WaterSense Labeling Requirements for Certification Programs and Professionals ... 11 E. Disqualification of WaterSense Labeled Certification Programs ................................. 11 F. Requalification of WaterSense Labeled Certification Programs .................................. 12 G. WaterSense Mark Monitoring, Violations, Enforcement, and Discontinuation ............ 12 H. Revisions to Specifications .......................................................................................... 13 IV. Partnerships ....................................................................................................................... 13 A. Partner Types/Eligibility ............................................................................................... 13 B. Partnership Agreements .............................................................................................. 14 C. Recognition ................................................................................................................. 16 D. Dispute Resolution and Partnership Termination ........................................................ 17 V. Measurement, Data Reporting, and Confidential Business Information ...................... 17 A. Program Measurement ................................................................................................ 17 B. Data Reporting ............................................................................................................ 18 C. Ongoing Product/Program Qualification ...................................................................... 18 D. Confidential Business Information ............................................................................... 19 VI. Definitions .......................................................................................................................... 19 Appendix A -WaterSense Product Certification and Labeling Procedures .........................22 I. WaterSense Product Certification and Labeling Procedures for Manufacturers ........22 A. Partnership Agreements with EPA ..............................................................................22 B. Selection of an Approved Licensed Certifying Body ...................................................22 C. Product Certification and Labeling ..............................................................................23 D. Suspension and Withdrawal of WaterSense Labeled Products ..................................25 II. Interim Requirements and Application Procedures for Licensed Certifying Bodies ..26 A. Interim Application Procedures and Approval by EPA ................................................26 B. Certification Requirements ..........................................................................................27 C. Ongoing Support .........................................................................................................29 Appendix B -WaterSense Label Use Guidelines ....................................................................31 Appendix C -WaterSense Mark Policing and Corrective Action Decision Diagram for Promotional Activities ...............................................................................................................33 Version 3.1 1 February 2009 WaterSense Program Guidelines Appendix D -WaterSense Label Policing and Corrective Action Decision Diagram for Products .....................................................................................................................................34 Appendix E -WaterSense Promotional Label Use Guidelines.....Error! Bookmark not defined. Appendix F -WaterSense Partner Logo Use Guidelines ......................................................357 Appendix G -WaterSense Program Logo Use Guidelines ....................................................359 Appendix H -WaterSense Program Logo Use Guidelines for Certifying Bodies ...................41 Version 3.1 2 February 2009 General Program Information A. Program Overview WaterSense Program Guidelines WaterSense is a partnership program sponsored by the U.S. Environmental Protection Agency (EPA) designed to protect the future of our nation's water supply by promoting and enhancing the market for water-efficient products and programs. The WaterSense program goals are to use water resources more efficiently to preserve them for future generations and reduce water and wastewater infrastructure cost by reducing unnecessary water consumption. Through WaterSense, EPA provides reliable information on high-performing, water-efficient products and practices, raises awareness about the importance of water efficiency, ensures water-efficient product performance, helps consumers differentiate products and programs that use less water, promotes innovation in product development, and supports state and local water efficiency efforts.' B. Authority • Sections 104(a) and (b) of the Clean Water Act (CWA) broadly authorize the EPA Administrator to "establish national programs" for the reduction of pollution, which may include cooperation with, encouragement of, and assistance for public and private efforts to prevent, reduce, and eliminate pollution. Section 104(0) of the CWA also authorizes the EPA Administrator to conduct research on methods of reducing the total flow of sewage, including unnecessary water consumption, which is a recognition by Congress that water consumption is directly related to sewage flow and thus to potential water pollution. • Sections 1442(a)(1) and (2) of the Safe Drinking Water Act (SDWA) authorize the EPA Administrator to provide demonstrations relating to the provision of a dependably safe supply of drinking water. Because both a dependable and a safe supply of drinking water depend on water availability, water conservation demonstrations could be authorized under these sections. C. Roles and Functions To achieve the mission of the WaterSense program, EPA establishes partnerships with interested stakeholders, such as product manufacturers, retailers, and water utilities. EPA provides and maintains the WaterSense brand and develops national specifications for water- efficient products and programs. Partners develop products and programs meeting the specifications and promote and distribute them to customers. Partners also assist EPA in promoting water efficiency, in general, as well as the WaterSense brand, specifically. Following are the roles anticipated for each participant category. For more information about partnership eligibility, see the Partner Types/Eligibility Section. Note: WaterSense is NOT a technology development program; rather, it focuses on ready-for-market products. Version 3.1 3 February 2009 WaterSense Program Guidelines i. EPA: Sponsors WaterSense, promotes the WaterSense brand and water efficiency, recruits partners, updates stakeholders on the program, develops product and program specifications, approves and licenses certifying bodies (as described in Appendix A), evaluates applications submitted by certification programs, signs partnership agreements, maintains the Web registry of labeled products and certification programs, monitors usages of the WaterSense program logos and labels, and recognizes participants. ii. Manufacturers (companies that produce their own products that meet WaterSense specifications): Promote technology, improve performance, make products certified to WaterSense criteria, advertise/promote WaterSense labeled products, and provide market data. iii. Professional Certifying Organizations: Sponsor professional certification programs that meet WaterSense criteria, provide water efficiency education, promote WaterSense partnerships to certified professionals, and help promote WaterSense and water efficiency. iv. Retailers/Distributors: Provide shelf space and in-store promotion and identification of WaterSense labeled products, train sales staff, conduct consumer workshops, encourage cross-promotion and advertising/discounts, and provide sales data where appropriate. May also private label WaterSense labeled products. v. Utilities, Water Boards, and Local Governments: Support water efficiency programs, promote the WaterSense brand through education and awareness, sponsor rebates and financial incentives, conduct public outreach and business education, and provide water supply and conservation program data. vi. Associations, Nonprofit Organizations, and State Government Agencies: Conduct education and awareness campaigns, participate in bulk purchasing, endorse/adopt/promote the WaterSense program, assist EPA with recruitment, publish materials, provide data, and conduct member surveys. vii. Irrigation and Landscape Professionals: Use and promote technology, obtain certification and conduct consumer education. II. Product Labeling A. WaterSense Product Evaluation Factors WaterSense has adopted overarching evaluation factors that will guide EPA in selecting products for specification development and labeling. In general, WaterSense evaluates each product or product category for: • Water Savings: Provides significant water savings on a national basis. • Performance: Performs as well as or better than their less efficient counterparts, assuming proper installation and operation. Products will be easy to use and find, Version 3.1 4 February 2009 WaterSense Program Guidelines requiring no consumer sacrifice in terms of convenience, comfort, hygiene, health, safety, or availability. • Variety of technology options: Achieves water efficiency through several technology options (i.e., WaterSense will not label a category that has only one proprietary product). • Efficiency Differentiation: Effectively differentiated by a label that is recognized by purchasers. Typically, the specification is set to label products that are 20 percent more water-efficient than conventional products in that category. • Independent Third-Party Certification: Can be certified by a licensed certifying body to confirm that the product meets EPA criteria for efficiency and performance. • Measurable Results: Provides measurable results, quantifiable in terms of water saved/water use avoided compared to conventional models, as well as level of desired performance achieved. • Cost-Effectiveness: Provides acost-effective alternative to consumers. • Stakeholder Support: Supported by a broad set of stakeholders, meaning there is a general consensus that the efficient products in the product category will be promoted by across-section of stakeholders (e.g., manufacturers, retailers, distributors, and utilities). B. Specifications The required attributes of products that are allowed to bear the WaterSense label are described in product specifications developed by EPA. Specifications describe the attributes of products that can be WaterSense labeled. Specifications will generally describe both water use and product performance attributes and will be developed with stakeholder input. After conducting initial technical and market research and determining that there is a sufficient basis for a specification, EPA will typically issue a notice of intent (NOI) announcing that it plans to develop a specification for a product category. EPA will then prepare draft specifications based on market research and informal discussions with industry and interested stakeholders. Once a draft specification is available, EPA will make it public via the program's Web site and request comment through conference calls and public meetings. EPA also welcomes written feedback on draft specifications. EPA will consider all comments and refine the specification as it deems appropriate and then re-release the specification in either draft or final form. The number of rounds of public review before the specification is finalized will depend on the nature and extent of comments on the prior draft. EPA will consider all comments on key technical issues and requirements in the final specifications, as it strives to maintain a balance between environmental benefits and market factors. EPA will have the ultimate authority in setting specification requirements, after carefully considering all stakeholder input. C. WaterSense Label Requirements for Products The WaterSense label was created to differentiate products in the marketplace that meet EPA criteria for efficiency and performance. The mark itself looks significantly different from the WaterSense program logo. There are several prerequisites/limitations for use of the label (for more details, see the WaterSense Label Use Guidelines in Appendix B): • The manufacturer wishing to use the label must have signed a partnership agreement with EPA. Version 3.1 5 February 2009 WaterSense Program Guidelines • Retailers or distributors wishing to use the label on their own private labeled products must also have a signed retail partnership agreement with EPA that includes an agreement to abide by the WaterSense Label Use Guidelines. Retailers or distributors must also have a signed private labeling addendum in place with EPA prior to applying the WaterSense label to products or product packaging. • Any product to which the label is applied must be certified to conform to the relevant WaterSense specification by a licensed certifying body either accredited in accordance with the WaterSense certification scheme or otherwise approved for that purpose by WaterSense. • The manufacturer must have applied for and received approval from a licensed certifying body to use the WaterSense label. Procedures for product certification and labeling, including certification of private labeled products, are described in Appendix A. • The label may be used on product cartons and packaging or adhered directly to the product. • The label may be used in promotional literature published about the product by the manufacturer, as long as it is in direct correlation to the product, but it must not be used to signify WaterSense labeling of every product from the manufacturer. • Wholesalers, distributors, and retailers are only allowed to use the WaterSense label in two instances: a. When supplied directly by a WaterSense manufacturer partner, wholesalers, distributors, and retailers may use the WaterSense label in direct correlation with a certified product. The label must not be used to signify WaterSense labeling of every product from the manufacturer, or used with other products that have not been certified to a WaterSense specification. All parties should review the WaterSense Label Use Guidelines prior to using the WaterSense label. b. Wholesalers, distributors, and retailers who have a signed partnership agreement amended for private labeling are allowed to use the label. The label should only be used in direct correlation to the product, and must not be used to signify WaterSense labeling of every product under the private label brand. All parties should review the WaterSense Label Use Guidelines prior to using the WaterSense label. • Wholesalers, distributors, and retailers should use the WaterSense promotional label to promote the WaterSense labeled products they carry in general. • The WaterSense label may never be used to imply direct endorsement of a manufacturer or product by EPA. • If the WaterSense label is withdrawn for any reason, the manufacturer and its wholesalers, distributors, and retailers must immediately cease to use the mark in conjunction with that product, and the label must be eliminated from product packaging/promotional materials within six months from the date of withdrawal notification. • If EPA finds that the manufacturer or its wholesalers, distributors, and retailers are at any time using the mark incorrectly, those entities must immediately cease to use the mark in conjunction with that product, and the label must be eliminated from product packaging/promotional materials within six months from the date of withdrawal notification. Version 3.1 6 February 2009 WaterSense Program Guidelines • The label may never be used in connection with products that have not met the WaterSense criteria for efficiency and performance, nor for products for which a final, product-specific specification does not exist. D. WaterSense Label Suspension and Withdrawal from Products The WaterSense label will be suspended or withdrawn from a product if it is found not to conform to the relevant WaterSense specification and/or WaterSense Label Use Guidelines. Specifically, use of the WaterSense label on a product will be suspended by the licensed certifying body for product nonconformance identified during ongoing surveillance, improper use of the WaterSense label on products or promotional materials, or infringement of the certification requirements as described in Appendix A. Use of the label on a suspended product can resume once the areas of concern are corrected to the satisfaction of the licensed certifying body. The WaterSense label will be withdrawn from a product for more severe or repeated instances of product nonconformance or misuse of the WaterSense label. Such WaterSense label withdrawal also can trigger termination of the partnership agreement by EPA. Products for which use of the WaterSense label has been withdrawn will not be reinstated into the program. Procedures describing WaterSense product label suspension and withdrawal are described in further detail in Appendix A. E. WaterSense Mark Monitoring, Violations, Enforcement, and Discontinuation Proper use of the WaterSense label on products and product packaging will be monitored and enforced by EPA and/or the licensed certifying bodies that certify these products as described in the WaterSense Mark Policing and Corrective Action Decision Diagram for Promotional Activities (Appendix C) and the WaterSense Label Policing and Corrective Action Decision Diagram for Products (Appendix D). EPA's monitoring activities include: • Literature/Web site reviews. • Review of media clips. • Internet image searches. • Follow-up on alerts and reports from stakeholders, licensed certifying bodies, and partners. • Periodic visits to retail establishments across the country to review use of program marks on product packaging and in stores. Licensed certifying bodies conduct their own monitoring activities, including: • Annual post-market product surveillance: facility/warehouse audits, product retesting, retail outlet audits. • Review of pre-press materials. • Follow-up on alerts from manufacturers, EPA, and stakeholders. In order to ensure the integrity of the WaterSense brand and as a service to assist manufacturers, wholesalers, distributors, and retailers with proper use of the WaterSense label, EPA encourages each participating manufacturer, wholesaler, distributor, or retailer to provide pre-press samples of any promotional materials or Internet files used to promote its WaterSense labeled product(s). EPA will provide prompt review (within five business days) of any pre-press materials provided to the Agency for quick turnaround review prior to publishing. Version 3.1 7 February 2009 WaterSense Program Guidelines Violations of the proper use of the WaterSense label include, but are not limited to: • Use of the label in conjunction with products that are not certified to WaterSense specifications. • Use of the label on promotional materials that falsely imply every product on that page/within that section/in that promotional piece meets the WaterSense criteria. • Use of the WaterSense program or partner logo (instead of the WaterSense label or promotional label) to promote a product. • Use of some portion of the WaterSense label, but not the label in its entirety (e.g., omitting the name of the licensed certifying body underneath the label in conjunction with a certified product). EPA reserves the right to collect samples of WaterSense marks including the label used on promotional materials. For any of the above violations that come to EPA's attention, the Agency will notify the licensed certifying body that authorized the use of the WaterSense label for the product in question. The licensed certifying body will then engage in investigation and resolution of the complaint in accordance with ISO Guide 65 and the licensed certifying body's policies and procedures. If no licensed certifying body is associated with the logo or label used, EPA will follow up with the violating organization directly. EPA will endeavor to resolve violation cases informally, however, if the violation is not corrected within 90 days, EPA will resort to formal legal action. Manufacturers may not, under any circumstances, continue to use the WaterSense label in conjunction with products for which the WaterSense label has been suspended or withdrawn. F. Revisions to WaterSense Product Specifications Technical Clarifications: From time to time, EPA receives questions regarding the applicability of existing specifications or the intended meaning of specification requirements. In an effort to answer such questions and clarify the intent of the specifications, EPA may periodically publish technical clarification or interpretation documents on its Web page associated with the affected specification. EPA will notify stakeholders and licensed certifying bodies by e- mail when clarification documents are posted to the WaterSense Web site. Specification Revisions: EPA reserves the right to revise WaterSense product specifications should technological and/or market changes affect the relevance and/or effectiveness of current specifications to consumers, industry, or the environment. Revisions to specifications would only be made following the open process described below, including discussions with industry and other interested partners. a. At least annually, EPA will evaluate which (if any) specifications are candidates for revision based on the following guiding principles: i. Specifications for product categories for which WaterSense labeled products make up more than 50 percent of marketshare, based on units sold, are automatically considered as candidates for revision. In this instance, marketshare means the ratio of WaterSense labeled Version 3.1 8 February 2009 b. c. d. e. WaterSense Program Guidelines units to non-WaterSense labeled units sold in the same product category. ii. Specifications will be considered candidates for revision if EPA identifies significant and broadly available improvements in technology or product design in any labeled product category that positively impact its water efficiency. In this context, significantly improved products would be approximately 10 percent more efficient or higher performing than current WaterSense labeled products, be offered by multiple manufacturers, and capture approximately 10 percent or more of the total marketshare for that product category. Other equivalent shifts in the market would also be considered a significant improvement. iii. Specifications will be considered candidates for revision if EPA becomes aware of performance issues associated with products that are currently labeled under the specification. iv. Specifications will be considered candidates for revision if a water efficiency standard is adopted nationally that would mandate equivalent product efficiency as specified in the specification, such that the WaterSense label would no longer be able to differentiate product efficiency at the current level specified. v. Revisions will only be made to specifications upon open dialogue with interested stakeholders and provided the more water-efficient products in the product category continue to meet the WaterSense product evaluation factors contained in Section II.A. The results of the annual evaluation will be made available to the public via the WaterSense Web site. Any proposed revisions to a specification will undergo public review and comment. Products labeled after the effective date of a revised specification would need to be certified to meet the requirements of the revised specification. For existing labeled products, EPA will provide a grace period for compliance with the new specification and labeling of new certified products that is dependent upon the impact of the specification change to the specific manufacturing sector. The timeline for compliance will be specified in the revised specification, after careful consideration of all interested party concerns. Following the expiration date of the grace period, products will be required to be independently tested and certified to meet the revised specification criteria in order to bear the WaterSense label. For those products that do not meet the revised specification, the same requirements and timeframes for removal of the WaterSense label shall apply as when the WaterSense label is withdrawn from the product (see Appendix A, Section I.D. for more information). III. Professional Certification Program Labeling A. WaterSense Program Evaluation Factors Version 3.1 9 February 2009 WaterSense Program Guidelines WaterSense has adopted overarching evaluation factors that guide EPA in selecting professional certification program categories for specification development and labeling. In general, WaterSense evaluates service industry categories for: • Water Savings: Efficient industry practices result in water savings (i.e., professionals in the given industry must interact with the application or use of publicly supplied water; and practices employed by these professionals must address water efficiency). • Performance: Water-efficient practices in the industry will result in a system that does not sacrifice performance (e.g., ahigh-performing irrigation system or plumbing system). Services provided by certified individuals will be easy to find and require no consumer sacrifice in terms of convenience, hygiene, health, safety, or availability. • Availability of Relevant Certification Programs: The industry category must offer at least one certification program to their professionals that results in demonstrated knowledge of water efficiency related to the professional's practice. • Stakeholder Support: Supported by a broad set of stakeholders, meaning there is a general consensus that the programs and professionals in this category will be promoted by across-section of stakeholders (e.g., retailers, distributors, builders, architects, and utilities). B. Specifications The required attributes of certification programs that can be promoted as WaterSense labeled programs are described in the WaterSense certification program specifications. Specifications describe the attributes of the programs and the program development process that must be followed to demonstrate and document that a program is compliant with the attributes described in the specification. Specifications generally describe criteria to be met by each certification program and are developed with stakeholder input. EPA typically prepares draft specifications based on market research and informal discussions with interested stakeholders. Once a draft specification is available, EPA makes it public via the WaterSense Web site and requests comment through conference calls and public meetings. EPA also welcomes written feedback on draft specifications. The draft specifications are refined based on these comments and feedback, and then released again in either draft or final form. The number of rounds of public review before the specification is finalized will depend on the nature and extent of comments on the prior draft. EPA has the ultimate authority in setting specification requirements, after carefully considering all stakeholder input. C. Labeling Process, Timing, Requirements, and Notification Organizations wishing to earn the WaterSense label for a certification program must first complete and sign a WaterSense partnership agreement with EPA, then complete an application packet, including the documentation detailed in the WaterSense specification applicable to their certification program. EPA will accept forms submitted via a-mail, fax, and mail. Within five business days, EPA (or its agent) will acknowledge receipt of the application packet. Within four weeks, EPA will notify applicants of the Agency's acceptance or rejection of the certification program for WaterSense labeling. Version 3.1 10 February 2009 WaterSense Program Guidelines Potential reasons for rejection include incomplete application information, failure to meet required/specified criteria for that certification program category, submissions received prior to the release of the final specification for the certification program category, or failure to submit a WaterSense partnership agreement prior to submitting the application packet. If an application is rejected, explanation on the application deficiencies will be provided. EPA will update the WaterSense Web registry on a monthly basis to add newly labeled certification programs. EPA will not publish information about non-qualifying certification programs. Partners are responsible for informing EPA when their programs are no longer available or are no longer compliant with WaterSense specifications and should be removed from the Web registry. D. WaterSense Labeling Requirements for Certification Programs and Professionals EPA's WaterSense label was also created to differentiate certification programs in the marketplace that meet EPA criteria for water efficiency. There are several prerequisites and limitations for use of the WaterSense label (for more information, see the WaterSense Label Use Guidelines): • The professional certifying organization wishing to use the label must have signed a partnership agreement with EPA. • The professional certifying organization must have applied for and received EPA approval to use the WaterSense label for one or more programs, through the procedures described above in Section III.C. • The certification program for which the label is used must meet or exceed the WaterSense criteria for that type of certification program. • The WaterSense label can be used on promotional literature, advertisements, and Web sites in direct association with a WaterSense labeled program. • The label may not be used to imply direct endorsement of a certification program or organization by EPA. • If a certification program is disqualified from EPA's WaterSense program for any reason, the professional certifying organization must immediately cease to use the label in conjunction with that certification program, and the label must be eliminated from all promotional materials within six months. • The label may never be used in connection with certification programs that have not received EPA approval or for certification programs for which a final specification does not exist. Individuals who become certified under a WaterSense labeled certification program are not allowed to use the WaterSense label directly on their business cards, vehicles, promotional materials, etc.; however, there is a process by which certified professionals who achieved their certification from WaterSense labeled programs can apply to become WaterSense partners and use the WaterSense partner logo, as described in the WaterSense Partner Logo Use Guidelines (Appendix F). EPA will also add partners that are certified under a WaterSense labeled program to its WaterSense Web registry. Under no circumstances can those individuals promote themselves or their work product as being certified and/or endorsed by EPA or the WaterSense program. E. Disqualification of WaterSense Labeled Certification Programs Version 3.1 11 February 2009 WaterSense Program Guidelines Labeled certification programs may be disqualified from the WaterSense program after presentation and evaluation of credible evidence that the certification program does not conform to the applicable WaterSense specification. EPA staff will evaluate evidence that supports claims of nonconformance. If there is sound, credible evidence that the certification program does not conform to the specification, EPA will submit a request to the professional certifying organization seeking explanation and satisfactory resolution of the issue. The professional certifying organization will have 20 days to successfully resolve the nonconformance issue, or refute the claim of nonconformance with sound, credible supporting evidence. If not satisfactorily addressed within that timeframe, the certification program in question will be disqualified and removed from the Web registry of WaterSense labeled certification programs, as will WaterSense partners who are professionals certified under that program. Such disqualification also may trigger termination of the partnership agreement of the professional certifying organization and the professionals certified under that program, as described in the dispute resolution discussion in Section IV. F. Requalification of WaterSense Labeled Certification Programs Disqualified certification programs may be requalified into the program, upon submittal and approval of a new application package. The application for requalification should be supported with documentation proving that the factors leading to initial disqualification have been remedied. Certification programs will be requalifed, at EPA's discretion, upon such a successful demonstration. G. WaterSense Mark Monitoring, Violations, Enforcement, and Discontinuation As discussed above in Section II.E (and in Appendixes C and D), EPA routinely monitors use of the WaterSense logos and labels. EPA requests that each participating professional certifying organization provide pre- or post-press samples of any promotional materials or Internet files using the WaterSense label to promote its recognized certification program, and that certified professionals using the WaterSense partner logo to promote their certification do the same. EPA will provide prompt review (within five business days) of any pre-press materials provided to the Agency for quick turnaround review prior to publishing. Violations to the proper use of the WaterSense marks include, but are not limited to: • Use of the label in conjunction with certification programs that have not successfully completed the application process. • Use of the label in conjunction with a program for which no current specification exists. Use of the label (instead of the approved partner logo) on promotional materials of certified professionals. Use of the approved partner logo "EPA WaterSense Partner" in conjunction with an entire company or professionals who are not all certified under WaterSense labeled programs. For any use violations of WaterSense marks that come to EPA's attention, the Agency will send to the professional certifying organization (or certified professional) a letter asking that improper uses cease immediately. EPA may request proof of such a change within 90 days of the request. Version 3.1 12 February 2009 WaterSense Program Guidelines In the event that improper use of WaterSense marks continues, EPA may disqualify from using the marks any or all of the professional certifying organization's program(s), until such time as the issue has been resolved. Professional certifying organizations may not, under any circumstances, continue to use the WaterSense label in conjunction with disqualified certification programs. H. Revisions to Specifications EPA reserves the right to revise certification program specifications should technological and/or market changes affect the usefulness of current specifications to consumers, practicing professionals, or the environment. Revisions to specifications would only be made using the same public process described above, including discussions with affected professional organizations and other interested partners. Currently labeled programs would have to reapply for the WaterSense label under the new specifications. IV. Partnerships As described above, EPA partners with numerous organizations to ensure the success of the WaterSense program. A. Partner Types/Eligibility The following categories reflect the types of organizations that are currently eligible to become partners in the WaterSense program. Professional Certifying Organizations: Any organization that sponsors a professional program that meets WaterSense specifications for certification programs. Promotional Partners: Promotional partners assist EPA in educating others about the value of water, water efficiency, and the WaterSense brand. These partners include: • Nonprofit Organizations such as environmental organizations, nonprofit certifying organizations, and consumer advocacy groups. • Professional and Trade Associations whose members are eligible to join as a WaterSense partner may also participate as promotional partners. For example, since water utilities are eligible for partnership, the American Water Works Association, whose membership includes 4,700 utilities, is also eligible. • Utilities/Water Districts/Government Agencies (state, federal, and local agencies) such as environmental departments, municipal programs, water agencies, water districts, wholesalers, public utilities, private utilities, wastewater treatment facilities, water boards, and public utility commissions. Manufacturers: Upon issuance of draft specifications for new product categories, EPA invites organizations who produce products in those categories to join as partners. Manufacturers based outside of the United States are eligible to participate as long as the labeled products will Version 3.1 13 February 2009 WaterSense Program Guidelines be sold within the United States. Manufacturers of component parts of a labeled product category are not eligible to sign on as WaterSense partners based on this relationship alone. For example, if the sole product manufactured by a company is a toilet tank, it is not eligible for partnership, as WaterSense has not issued specifications for toilet tanks. This company, may, however, join WaterSense if it begins to manufacture entire toilets, as described in the "Tank- Type High-Efficiency Toilet Specification." Retailers/Distributors: Any retail or wholesale distribution organization selling WaterSense labeled products, including but not limited to home improvement stores, hardware stores, appliance retailers and distributors, plumbing supply houses, decorator showrooms/specialty stores, and commercial irrigation distributors. Retailers/distributors wishing to sell WaterSense labeled products under their own brand (private labeled products) must sign an amendment to their partnership agreement indicating that retailer will abide by the WaterSense Label Use Guidelines. Irrigation Partners (Certified Professionals): Individuals who have been certified under a WaterSense labeled program and agree to promote water efficiency to customers and provide water-efficient services to customers. To be eligible for partnership, the certified professional must service at least one U.S. customer. In the future, EPA may invite additional types of organizations and individuals to partner with the WaterSense program, such as new home builders, commercial buildings, institutional buildings (e.g., universities, municipalities), and federal agencies. Until such a time when EPA has established a formal role and/or draft specification for these new types of partners, theses entities are ineligible for participation as partners. In the interim, EPA encourages ineligible stakeholders to sign up to receive the WaterSense Current newsletter, participate in the specification development process and/or contact the WaterSense Helpline on other ways they would like to collaborate with EPA on water efficiency. B. Partnership Agreements Each organization interested in promoting the WaterSense brand, earning the WaterSense label for its products, working with EPA to promote sales of WaterSense labeled products, and labeling certification programs that promote water efficiency (as well as certified professionals under WaterSense labeled programs interested in promoting water efficiency) are required to sign a WaterSense partnership agreement with EPA. Partnership agreements are tailored to each partner type and outline the requirements of participating in the program for each category type. Each organization or certified professional signing a partnership agreement agrees to uphold the requirements of the guidelines for use of the WaterSense label, promotional label, partner logo, or program logo, as appropriate. WaterSense partnership agreements include a discussion of the WaterSense program goals, a partner pledge, EPA's commitment to WaterSense partners, and general terms and disclaimers. The partner pledge varies slightly, depending on the type of partner. The following table briefly describes the differences in expectations for different partner types, as well as EPA's commitment to its partners. Version 3.1 14 February 2009 WaterSense Program Guidelines ~ i ~ O ~ N ~ i ~ p ~ i ~~ ~ Ul ~ ~ ~ ~ d Partnership Pledge: j ~ z ~ ~ ~ O v ~ ~ Label product(s) or program(s) x x Promote value of water efficiency and WaterSense labeled x x x x x x x products/pro rams Sell, market, and promote WaterSense labeled products x x x Encourage eligible constituents to participate in WaterSense x x x Provide data on sales of labeled products x x x Provide annual data about water promotional activities x x x x x Provide data on WaterSense labeled products carried x x x Train staff on WaterSense program x x Adhere to label, promotional label, and partner/program logo x x x x x x x uidelines Feature WaterSense on Web site/related promotional x x x x x x x materials Update EPA on availability of labeled products x x x Allow EPA to promote partner's participation in program x x x x x x x EPA Commitments: Develop national specifications for water-efficient x x x x x x products/pro rams Increase awareness of water efficiency and the WaterSense x x x x x x x brand Provide current WaterSense pro ram news x x x x x x x Provide public reco nition to partners x x x x x x x Respond swift) to partner requests for information x x x x x x x Provide materials, templates, and marks for promotional use x x x x x x x Review WaterSense promotional materials developed by x x x x x x x partner Provide tools for training sales staff on WaterSense labeled x products The general terms and disclaimers are consistent across all partnership agreements: • The partner will not construe, claim, or imply that its participation in the EPA WaterSense program constitutes federal government (EPA) approval, acceptance, or endorsement of anything other than the partner's commitment to the program. • The partner understands that the activities it undertakes in connection with the program are voluntary and not intended to provide services to the federal government. As such, the partner will not submit a claim for compensation to any federal agency. Version 3.1 15 February 2009 WaterSense Program Guidelines • Manufacturers, retailers, distributors, and professional certifying organizations may not sign WaterSense partnership agreements with EPA unless there has been a draft specification released for a product they produce/carry or for a relevant professional program. • The partner and WaterSense will assume good faith as a general principle for resolving conflict and will seek to resolve all matters informally, so as to preserve maximum public confidence in the program. • Failure to comply with any of the terms of this partnership agreement can result in its termination and cessation of access to the benefits of the program, including use of the WaterSense label or partner logo. • WaterSense will actively pursue resolution of noncompliance related to the use of the label and logo(s). • Both parties concur that this agreement is wholly voluntary and may be terminated by either party at any time, and for any reason, with no penalty. Termination will begin effective immediately upon written notice to or from the EPA WaterSense program. Upon termination from the program, partners agree to remove the WaterSense label and/or logos in a timely manner, consistent with the WaterSense label, promotional label, partner logo, and program logo use guidelines. C. Recognition EPA will recognize WaterSense partners for their achievements in manufacturing, promoting, and using water-efficient products and practices. By signing a partnership agreement, each partner agrees to share information, when appropriate, with EPA and allows the Agency the right to publish its partner status on the WaterSense Web site. For more in-depth case studies, awards, and other promotions, EPA will allow partners to review information before it is made public. In January 2008, EPA launched a formal awards program designed to recognize WaterSense partners who help advance the overall mission of WaterSense, increase awareness of the WaterSense brand in a measurable way, and demonstrate overall excellence in the water efficiency arena. Information on eligibility, evaluation criteria, and schedule for the current award cycle is posted to the WaterSense Web site. A team of EPA staff evaluate applications submitted by eligible partners according to the criteria described in the application instruction manual. Examples of potential evaluation criteria include: • Demonstrating measurable results. • Showing creativity and innovation in implementing the WaterSense program. • Forging partnerships with manufacturers, retailers, utilities, governments, and other WaterSense partners. • Furthering WaterSense goals and leveraging the national WaterSense brand. Version 3.1 16 February 2009 WaterSense Program Guidelines Enhancing product labeling efforts. Achieving effectiveness of advertising and other outreach designed to promote the WaterSense brand. EPA will hold an annual ceremony to recognize award winners at an appropriate venue (e.g., WaterSmart Innovations Conference), on the WaterSense Web site, and in EPA press releases. Winners are also allowed to promote their award via press releases and in paid advertisements. D. Dispute Resolution and Partnership Termination Partners and EPA will assume good faith as a general principle for resolving conflicts under the WaterSense program. Both parties will endeavor to resolve all matters informally, so as to preserve maximum public confidence in the WaterSense program. In the event informal channels do not produce a mutually agreeable resolution to a matter in dispute, either party should notify the other in writing as to the nature of the dispute, the specific corrective action sought, and their intent to terminate the partnership agreement, either as a whole or in part, unless specific corrective actions sought are undertaken. Within 20 days of receiving formal notification from EPA indicating intent to terminate the partnership agreement, either as a whole or in part, the partner should reply, agreeing to either (1) undertake in a timely and effective manner the corrective actions sought by EPA, or (2) terminate the partnership agreement. Within 20 days of receiving formal notification from the partner indicating its intent to terminate the partnership agreement, either as a whole or in part, EPA will reply either by (1) agreeing to undertake in a timely and effective manner the corrective actions sought by the partner, or (2) explaining why such corrective actions cannot be undertaken. If the partner fails to respond within 20 days of receiving formal notification of EPA's intent to terminate the partnership agreement, either as a whole or in part, or if the partner responds but does not agree to undertake corrective actions sought by EPA, or if the partner agrees but does not initiate the corrective actions in a timely manner, the partnership agreement will be terminated, either as a whole or in part. V. Measurement, Data Reporting, and Confidential Business Information A. Program Measurement EPA developed a series of performance measures for the WaterSense program. In the initial years of the program, EPA will focus on measuring program outputs, such as number of program partners, number of final specifications completed, number of labeled products, number of labeled programs, number of Web user sessions/pages viewed, and number of WaterSense Helpline calls received and addressed. Over time, EPA also plans to track changes in awareness and understanding of the WaterSense label; track changes in marketshare for labeled versus non-labeled products; Version 3.1 17 February 2009 WaterSense Program Guidelines estimate national water savings through WaterSense labeled products; determine water/wastewater infrastructure costs avoided; examine customer satisfaction with the WaterSense program; and review trends in national daily water usage. In later years, EPA will also assess program efficiency (e.g., water saved per full-time employee; value of earned media/investment in media outreach). B. Data Reporting EPA will rely on partners to provide data to enable it to estimate water savings and the associated avoided infrastructure costs. Specifically, WaterSense asks selected partners to submit the following data on an annual basis: Product Data: Manufacturers agree to make data or other marketing indicators available to EPA on an annual basis to assist in determining the market penetration of WaterSense labeled products, including unit shipment data and, where appropriate, aggregate product data. For example, manufacturers may be asked to provide unit shipment data for WaterSense labeled products, total unit shipments for each model in the product line, and percent of total unit shipments that are WaterSense labeled. These data may be provided directly to EPA or to a third-party organization with the understanding that individual manufacturer data will not be released, but rather aggregated industry-wide to define the relative market share of labeled versus non- labeled products. • Sales Data: Retailers and distributors agree to provide data to a third party on sales of water-efficient products or other market indicators to assist in determining the impact of the program in promoting labeled products. The data will only be reported to EPA in aggregate by the third party and treated as confidential business information. • Utility Data: WaterSense also asks utility and government partners to report data on results of promotional activities and aggregate data on rebates offered (e.g., number of rebates processed). EPA will use these data to inform future rebates, document water savings associated with rebate programs, and assess changes in water consumption over time. In addition to the above data, EPA may also request historical data on product shipments from manufacturers to assess a baseline of market penetration of water-using products. EPA will use the historical shipments data and the above information to estimate the annual water savings associated with the program and will calculate the associated environmental and economic benefits associated with this water savings. It will also use these figures to calculate the program's efficiency. In addition to the above, EPA may also request data on partners' satisfaction with the program to improve program services. C. Ongoing Product/Program Qualification On an ongoing basis, EPA requests that manufacturers and professional certifying organizations update EPA on the status of WaterSense labeled products and programs. In particular, EPA requests that partners tell EPA if labeled products or programs are modified or Version 3.1 18 February 2009 WaterSense Program Guidelines discontinued. This information will allow EPA to keep the Web-based registry up to date. EPA will also check the licensed certifying body Web sites periodically to ensure that the Web registry is up to date. As necessary, EPA will also request data of professional certifying organizations and certified professionals to determine implementation status of the WaterSense labeled professional certification programs. D. Confidential Business Information EPA understands that, as part of their participation in this program, partners may provide the Agency with confidential business information (CBI), including test results and examinations for certification programs. Any item designated as "confidential business information" by a participant in the WaterSense program will be handled through EPA's pre-determined CBI procedures, including assurance that the information will not be made public, included on the WaterSense Web site, or shared with other program participants. Information such as certification examinations that must be tracked and monitored by participants will be returned to the sender as soon as practicable. Program partners will also be offered an opportunity through a separate agreement with EPA to report confidential data (e.g., product sales and shipment data) to EPA via a third party, bound to maintaining confidentiality and who reports data to EPA solely in aggregate form. VI. Definitions Certification Program or Professional Certification Program: A program that requires a combination of experience and testing to verify a professional's knowledge. High-Efficiency: A measurement of product performance, typically established through testing to a specification, that considers both water use and product function. WaterSense labeled products are generally 20 percent more water-efficient compared to average products in that category, with no sacrifice in performance or user satisfaction. Labeling: The act of applying the WaterSense label (see below) to products, product packaging, and accompanying promotional materials to market a specific product. Licensed Certifying Body (also known as Product Certifying Body): An independent conformity assessment body licensed by EPA to certify products to WaterSense specifications and authorize the use of the WaterSense label. Manufacturer: Any organization that produces a product for market that might be eligible to meet WaterSense criteria for efficiency and performance. Manufacturers may also produce "private labeled" products that are sold under the brand name of a separate organization. In this case, the organization branding/selling the product is treated as a separate partner/application from the original product manufacturer. See also Partner Types/Eligibility Section. Nonprofit Organization/Trade Association: See Partner Types/Eligibility Section. Partner: Any organization or eligible professional that voluntarily signs a partnership agreement with EPA to participate in WaterSense. See Partner Types/Eligibility Section. Version 3.1 19 February 2009 WaterSense Program Guidelines Partnership Agreement: The formal agreement between EPA and its WaterSense partners that delineates activities to be conducted by each party, benefits, and exclusions. Partnership agreements are signed by appropriate representatives at EPA and organizations outlined in the Partner Types/Eligibility Section. Performance Criteria: A benchmark by which products are measured for both water efficiency and functionality for intended use. Performance criteria may address water use, flow capacity, efficiency, or other product functions and other factors. Promotional Partner: See Partner Types/Eligibility Section. Private Labeled Product: Any product produced by a manufacturer for labeling under a separate organization/brand from the manufacturer's; private labeled products are treated as separate from a manufacturer's products for purposes of partnership agreement signing and application for the WaterSense label. Product: Merchandise, ware, or commodity offered for sale. WaterSense plans to consider the following categories of products during the lifetime of the program: commercial and residential plumbing products, commercial and residential irrigation products (controllers, sensors), and other mechanical and commercial water-using products and processes. Product Promotional Materials: Brochures, advertisements, flyers, catalogs, circulars, Web sites, displays, and related materials used to sell products. Professional Certifying Organization: An organization that certifies individuals on a professional level. A certifying organization's certification program can earn the WaterSense label if it meets the WaterSense specification for certification programs. Retailer/Distributor: See Partner Types/Eligibility Section. Service Area: Work areas that are conducted by one or more persons that benefit another person or group, including irrigation professionals, landscapers, and other individuals. Specifications: Describe the water use and product performance attributes of products eligible to bear the WaterSense label, as well as how the attributes should be measured. Utility/Government Agency: See Partner Types/Eligibility Section. WaterSense Label: A service mark that contains the words "WaterSense" and "Meets EPA Criteria" in a circular pattern around the EPA WaterSense graphic "water drop" image. In conjunction with a product, the WaterSense label must also include the words "Certified by" and the name of a licensed certifying body underneath the circle. As described in more detail in the WaterSense Label Use Guidelines, the WaterSense label may be used on product packaging and labeling or directly imprinted on or adhered to the product, to demonstrate that the product meets WaterSense criteria for efficiency and performance. It can be used on manufacturer, distributor, or retailer brochures, advertisements, trade show displays, Web sites, or point-of- Version 3.1 20 February 2009 WaterSense Program Guidelines purchase materials, to distinguish a WaterSense labeled product, and program materials, brochures, or Web sites of certification programs that meet WaterSense criteria. WaterSense Labeled Product: A product that has been independently certified via procedures described in Appendix A and found to meet WaterSense criteria for efficiency and performance, as defined in product-specific specifications. WaterSense Labeled Certification Program: A program (e.g., certification program for irrigation professionals) that has been approved by EPA as meeting WaterSense criteria outlined in program-specific specifications. WaterSense Label Suspension: Temporary invalidation of product certification and subsequent WaterSense labeling as a result of product nonconformity, improper use of the WaterSense label, or infringement of the certification requirements as described in Appendix A. The manufacturer is prohibited from identifying as certified or associating the WaterSense label in conjunction with a product for which the WaterSense label has been suspended. WaterSense Label Withdrawal: Revocation of product certification and use of the WaterSense label as a result of severe or repeated instances of product nonconformance or misuse of the WaterSense label. The manufacturer is prohibited from identifying as certified or associating the WaterSense label in conjunction with a product for which the label has been withdrawn and is ineligible for reinstatement of the WaterSense label for the product in question. WaterSense Irrigation Partner (Certified Professional): An individual who has been certified under a WaterSense labeled program who has signed a partnership agreement with EPA committing to promoting and practicing water-efficient irrigation techniques. WaterSense Program Logo: A logo defined by a combination leaf/water droplet and the words "WaterSense" and "EPA" used to promote and brand the WaterSense program. WaterSense Partner Logo: A logo made up of the WaterSense program logo and the word "Partner," for use by organizations or individuals that have signed partnership agreements with EPA. The partner logo may not be used for WaterSense labeled products or certification programs, but it can be used in conjunction with individuals who are WaterSense irrigation partners. WaterSense Promotional Label: A promotional mark that encompasses the WaterSense label with a box that includes the words "ask about," "look for," or "we sell." The promotional label can be used by WaterSense partners including promotional partners, retail/distributor partners, manufacturers, professional certifying organizations, and irrigation partners. Web Listing/Registry: A listing of WaterSense labeled products and programs on the EPA Web site, including name/model numbers of products, certification programs, certified professionals that are WaterSense partners, and links to manufacturers, organizations, or individuals. Version 3.1 21 February 2009 WaterSense Program Guidelines Appendix A WaterSense Product Certification and Labeling Procedures This appendix is meant to supplement the WaterSense Program Guidelines and specifically outlines the interim process for WaterSense product certification and labeling, including the general procedures for manufacturers' application and receipt of authorization to use the WaterSense label on products. This appendix also describes the interim general procedures for applying to become a licensed certifying body in order to certify and authorize the use of the WaterSense label on products. I. WaterSense Product Certification and Labeling Procedures for Manufacturers A. Partnership Agreements with EPA Manufacturers must first sign a partnership agreement with EPA as described in Section IV of the WaterSense Program Guidelines if they wish to apply the WaterSense label to products. Retailers or distributors wishing to sell WaterSense labeled products under their own brand (private labeled products) must sign an amendment to their partnership agreement with EPA indicating that they will abide by the WaterSense Label Use Guidelines. B. Selection of an Approved Licensed Certifying Body In order to use the WaterSense label on products, manufacturer partners must have their products certified for conformance to the relevant WaterSense specification by a certifying body licensed by EPA for that purpose. EPA intends to develop athird-party certification program for WaterSense labeled products according to a WaterSense certification scheme (hereafter referred to as WaterSense accreditation). In the interim, as the full WaterSense accreditation requirements are developed, WaterSense will rely on current ANSI-accredited, EPA-licensed certifying bodies to certify products in accordance with their existing certification schemes and authorize the use of the WaterSense label (hereafter referred to as interim approval). Each certifying body that is licensed by EPA during the interim period or ultimately fully accredited to the WaterSense certification scheme will certify conforming products and authorize the use of the WaterSense label. EPA maintains a list of licensed certifying bodies along with the specific WaterSense specifications for which they are approved to perform certifications. The list of licensed certifying bodies is available on the WaterSense Web site at <www.epa.gov/watersense/basic/cent bodies.htm>. This information may also be obtained from the WaterSense Helpline at (866) WTR-BENS (987-7367). The interim approval of licensed certifying bodies will be effective from the initial date of posting until the WaterSense certification scheme is fully developed and implemented. Version 3.1 22 February 2009 WaterSense Program Guidelines Once the full WaterSense accreditation process is established, only certifying bodies licensed by EPA and accredited in accordance to the WaterSense certification scheme will be able to certify products to demonstrate that they meet WaterSense specifications. The interim approval process will no longer be applicable. C. Product Certification and Labeling Achieving and using the WaterSense label in conjunction with water-efficient products is contingent upon product certification and ongoing assessment of product conformance by a licensed certifying body. Figure A-1 portrays the key elements of the product certification process and the relationships between EPA, the licensed certifying body, and the manufacturer partner. i. Application Submission to a Licensed Certifying Body Manufacturer partners must select and submit an application to a product certifying body that is licensed by EPA to certify products to the relevant WaterSense specification(s). Each licensed certifying body will have its own application and application procedures. The licensed certifying body that is selected should be contacted directly for more information. If a manufacturer intends to have its products private labeled under a separate organization/brand from the manufacturer's, when the manufacturer applies for certification, it must acknowledge such organization as an "additional company" on its application and must include the model numbers that the additional company will use to identify and sell the certified products. The manufacturer must maintain responsibility for product certification and ownership of the product certification listing. This includes submitting the product for certification to a licensed certifying body, receiving authorization to use the WaterSense label, and adhering to any ongoing surveillance required by the licensed certifying body. Upon notice of certification, the manufacturer and additional company may both be authorized to use the WaterSense label under the original manufacturer's agreement with the licensed certifying body, provided each company has in place a signed partnership agreement with WaterSense indicating that it will abide by the WaterSense Label Use Guidelines. The manufacturer is responsible for ensuring the label is used properly. ii. Product Submission for Testing Under the interim approval, the licensed certifying body will sample, test, and certify products in accordance with its existing ANSI-accredited certification scheme and the relevant WaterSense specification. Upon implementation of WaterSense accreditation, the licensed certifying body will sample, test, and certify products in accordance with the WaterSense certification scheme and the relevant WaterSense specification. iii. Authorization to Use the WaterSense Label Version 3.1 23 February 2009 WaterSense Program Guidelines Once the licensed certifying body has certified that the product conforms to the relevant WaterSense specification, it will provide the manufacturer partner (and additional company, as appropriate) authorization to use the WaterSense label in conjunction with the certified product. The licensed certifying body shall provide to the manufacturer partner of a certified product the appropriate graphic artwork of the WaterSense label. Once the use of the WaterSense label has been authorized, the manufacturer partner (and additional company, as appropriate) is allowed to properly label a product that conforms to the WaterSense specification and use the label in promotional materials directly related to the certified product. The manufacturer partner and/or additional company shall at all times use the label in accordance with the WaterSense Program Guidelines and WaterSense Label Use Guidelines. iv. WaterSense Labeled Product Registry EPA will maintain an updated list of WaterSense labeled products at <www.epa.gov/watersense/pp/index.htm>. The manufacturer partner of a relevant product shall inform EPA when a new product or product model has been certified and when products are discontinued and are no longer labeled. EPA will supply a WaterSense new certified product notification form, which is available on the WaterSense Web site. Specifically, the manufacturer partner shall provide, at a minimum: • Manufacturer contact information; • Product brand name, model name, and model number(s); • Manufacturer partner's URL; and • Name of the licensed certifying body, associated file number, and certification date. Each licensed certifying body will also maintain a public listing of all products for which it has authorized the use of the WaterSense label. EPA will periodically review the information contained in this listing in order to maintain an accurate registry of WaterSense labeled products on the WaterSense Web site. v. Ongoing Surveillance The licensed certifying body that authorized the use of the WaterSense label is responsible for performing ongoing surveillance of proper label use in the marketplace, proper reference to the label in any promotional materials, and for continued assessment of product conformance to the relevant WaterSense specification. Under the interim approval, the licensed certifying body will perform ongoing surveillance in accordance with its existing ANSI-accredited certification scheme. These requirements may include: • Facility inspections to assess production process and quality management system; • Product retesting for continued conformance to WaterSense specifications; • Warehouse/retailer inspections for proper label use; and • File review. Version 3.1 24 February 2009 WaterSense Program Guidelines Upon implementation of WaterSense accreditation, the licensed certifying body will follow specific criteria for ongoing surveillance, guided by the WaterSense certification scheme. In addition to this surveillance, EPA will also conduct periodic Web and in-store reviews of label usage. If violations are discovered, EPA will contact the licensed certifying body and/or the infringing organization, per the WaterSense label and logo monitoring strategies described in Appendixes C and D. D. Suspension and Withdrawal of WaterSense Labeled Products The licensed certifying body is responsible for determining when the use of the WaterSense label should be suspended or withdrawn due to product nonconformance or improper use of the WaterSense label. Label suspension can occur for a limited period of time as specified by the licensed certifying body. During the period of suspension, the manufacturer partner is prohibited from using the WaterSense label in conjunction with any product associated with that suspended WaterSense label. The licensed certifying body will provide the manufacturer partner of a suspended WaterSense label the conditions under which the suspension can be removed (e.g., corrective actions that shall be taken). At the end of the suspension period, the licensed certifying body will investigate whether the indicated conditions for reinstating the WaterSense label have been fulfilled. Upon receiving proof of fulfillment of these conditions, the licensed certifying body will notify the manufacturer partner that the suspension has been removed. The licensed certifying body will notify EPA within 30 days of both WaterSense label suspension and reinstatement. In more severe or repeated instances of product nonconformity, misuse of the WaterSense label, or failure to meet the requirements for reinstatement of a suspended WaterSense label, the licensed certifying body will withdraw the product's certification and the use of the WaterSense label. The licensed certifying body shall inform the manufacturer that the certification and WaterSense label are being withdrawn via a withdrawal notification. If the WaterSense label is withdrawn from a product for any reason, the licensed certifying body will ensure that the manufacturer partner and its wholesalers, distributors, and retailers immediately cease to use the mark in conjunction with that product, and the label must be eliminated from product packaging/promotional materials within six months from the date of withdrawal notification from the licensed certifying body. The licensed certifying body will immediately notify EPA of any product withdrawals and EPA will decide whether termination of the partnership agreement or other corrective action is warranted. The WaterSense label may not be used for any reason by, or in conjunction with a product of, a manufacturer with a terminated partnership agreement. The licensed certifying body shall bring to EPA's attention any instances of unauthorized use of a WaterSense label by a manufacturer of a product that has not been certified. EPA will engage in appropriate action with the infringing manufacturer. When issues related to product nonconformity or improper use of the WaterSense label come to the attention of EPA, EPA will notify the licensed certifying body that authorized the use of the Version 3.1 25 February 2009 WaterSense Program Guidelines WaterSense label for the product in question. The licensed certifying body will then engage in investigation and resolution of the complaint in accordance with its existing policies and procedures. II. Interim Requirements and Application Procedures for Licensed Certifying Bodies As the full WaterSense accreditation requirements are developed, WaterSense will license current ANSI-accredited certifying bodies to certify products in accordance with their existing certification schemes, authorize the use of the WaterSense label, and provide EPA ongoing support as described below. These application procedures apply only to certifying bodies licensed under the interim certification process. Once the full WaterSense accreditation process is established, only a licensed certifying body accredited in accordance to the WaterSense certification scheme will be able to certify products to meet WaterSense specifications. This interim approval process will no longer be applicable. A. Interim Application Procedures and Approval by EPA In order for a licensed certifying body to certify products to WaterSense specifications during the interim period, it must submit an application to EPA and receive approval. The application shall include the following documentation: i. A Letter Declaring Intent to Participate in the WaterSense Program as a Licensed Certifying Body The letter shall contain declarations and/or attached documentation to support the following requirements: • Shall demonstrate that it is accredited by ANSI in accordance with ISO/IEC Guide 65, General requirements for bodies operating product certification systems; • Shall have plumbing products or other product categories directly related to WaterSense specifications included in its scope of accreditation; • Shall declare that the laboratories used by the licensed certifying body have the competence and capability to conduct tests in accordance with relevant WaterSense specifications; • Shall declare that it has the technical expertise required in the evaluation of relevant products for WaterSense; • Shall declare that its ongoing surveillance requirements of products for WaterSense will be equivalent to current surveillance requirements for the certification of similar products; and • Shall indicate which WaterSense specification(s) are relevant to its current ANSI-accredited scope. ii. A Signed Copy of a Licensing Agreement A copy of the licensing agreement may be obtained from WaterSense program staff. Version 3.1 26 February 2009 WaterSense Program Guidelines iii. A Copy of the Label the Licensed Certifying Body Intends to Use in Conjunction With WaterSense Labeled Products Once EPA has received the above documentation, it will sign the licensing agreement and return a copy to the applicant licensed certifying body. Upon receipt of a fully executed licensing agreement, EPA will provide the licensed certifying body with a copy of the label graphic artwork, which includes the licensed certifying body's registered name or official acronym, formatted and centered directly beneath the WaterSense label. This signifies the licensed certifying body's approval to certify and authorize use of the provided WaterSense label on products for the WaterSense program. EPA will also provide the licensed certifying body with a "Licensed Certifying Body" logo, which the licensed certifying body can use to promote its services for WaterSense. The licensed certifying body must use the "Licensed Certifying Body" logo in accordance with the WaterSense Program Logo Use Guidelines for Certifying Bodies (Appendix H). The licensing agreement will become null and void at the conclusion of the interim approval process. B. Certification Requirements Under the interim approval process, an EPA licensed certifying body will certify products and provide WaterSense label and promotional material surveillance in accordance with its current ANSI-accredited certification scheme. In addition to the licensed certifying body's existing certification procedures, the following apply: i. Manufacturers Partnership Agreement With EPA Manufacturers are required to sign a partnership agreement with EPA as a condition for applying for the WaterSense label. EPA will rely on the licensed certifying body to verify that this partnership agreement is in place prior to authorizing the use of the WaterSense label. Manufacturers with partnership agreements in place are listed on the WaterSense Web site at <www.epa.gov/watersense/partners/partners.htm> (partner type is manufacturer). If a manufacturer intends to have its products private labeled under a separate organization/brand from the manufacturer's, when the manufacturer applies for certification, it must acknowledge such organization as an "additional company" on its application and must include the model numbers that the additional company will use to identify and sell the certified products. The licensed certifying body must also verify that the additional company listed on the application has in place a signed partnership agreement with EPA. If the additional company is a retailer/distributor, the licensed certifying body must verify that the additional company has signed an addendum to its partnership agreement agreeing to abide by the WaterSense Label Use Guidelines. The licensed certifying body should contact the WaterSense Helpline at (866) WTR-BENS (987-7367) for this verification. Version 3.1 27 February 2009 ii. Initial Production Inspection WaterSense Program Guidelines The WaterSense program does not require an initial production inspection for products currently certified for sale in the United States. If the licensed certifying body has no prior certification relationship with the manufacturer in the specific product area, the licensed certifying body may conduct an initial production inspection at its own discretion to assess the manufacturer's capability for production and quality management. iii. Initial Product Testing and Authorization to Use the WaterSense Label Under the interim process, the licensed certifying body will sample, test, and certify products in accordance with its existing ANSI-accredited certification scheme and the relevant WaterSense specification. Upon implementation of WaterSense accreditation, the licensed certifying body will sample, test, and certify products in accordance with the WaterSense certification scheme and the relevant WaterSense specification. Once the licensed certifying body has certified that the product conforms to the relevant WaterSense specification, it will provide the manufacturer partner authorization to use the WaterSense label in conjunction with the certified product. The licensed certifying body shall provide to the manufacturer partner of a certified product the appropriate WaterSense label graphic artwork that was provided by EPA as part of its licensing agreement. Once the use of the WaterSense label has been authorized, the manufacturer partner is allowed to properly label a product that conforms to the WaterSense specification, and use the label in promotional materials directly related to the certified product. The licensed certifying body shall ensure that the manufacturer partner uses the label in accordance with the WaterSense Program Guidelines and WaterSense Label Use Guidelines. In the case of products that are to be private labeled by an additional company, the manufacturer must maintain responsibility for product certification and ownership of the product certification listing. This includes submitting the product for certification, adhering to any ongoing product surveillance as required by the licensed certifying body, and ensuring proper use of the WaterSense label. Once the licensed certifying body has certified that the product conforms to the relevant WaterSense specification, it may provide the manufacturer partner and additional company, under the manufacturer's agreement with the licensed certification body, authorization to use the WaterSense label in conjunction with the certified product. The licensed certifying body may provide both the original manufacturer and the additional company with access to the WaterSense label. iv. Ongoing Surveillance The licensed certifying body will perform ongoing surveillance of proper label use in the marketplace, proper reference to the label in any promotional materials, and for continued assessment of product conformance to the relevant WaterSense specification for any products that it has certified. Under the interim approval, the licensed certifying Version 3.1 28 February 2009 WaterSense Program Guidelines body will perform ongoing surveillance in accordance with its existing ANSI-accredited certification scheme. Upon implementation of WaterSense accreditation, the licensed certifying body will follow specific criteria for ongoing surveillance, guided by the WaterSense certification scheme. C. Ongoing Support Under the interim approval process, EPA anticipates that the licensed certifying body will provide ongoing support in the following areas: i. Provide Data on Certified Products The licensed certifying body shall maintain a listing of all WaterSense labeled products on its respective Web sites. EPA will utilize this information to verify the information submitted by manufacturers. Information contained in the listing shall include at a minimum: • Manufacturer name and contact information; • Brand/model/model number; • Certification file number; and • Certification date. ii. Provide EPA with an Annual Report The report shall be made on a form provided by EPA and shall contain information regarding numbers of products tested, certified, failed, or reinstated. In addition, the annual report shall contain a summary of common label misuse or dispute actions. EPA may utilize this information to generally track the certifications of specific products and evaluate the effectiveness and continued applicability of its WaterSense specifications. iii. Notify EPA of any WaterSense Label Suspensions or Withdrawals EPA will rely on the licensed certifying body to handle product nonconformance, label misuse, and dispute resolution for products that they certify. Accordingly, EPA will rely on the licensed certifying body to provide EPA with notification of any WaterSense label suspensions or withdrawals (including voluntary withdrawals) within 30 days of occurrence. iv. Allow EPA to Accompany Accreditation Organization on Routine Assessments EPA reserves the right, for its staff or its agents, to accompany the accreditation organization on any routine or follow-up assessments of the licensed certifying body's accreditation as it relates to the WaterSense program. Version 3.1 29 February 2009 Controlling Documents Product Certification Labeling . .Product Listing Ongoing Conformity Assessment WaterSense Program Guidelines Figure A-1. Interim Product Certification Process Flow Diagram Develop interim certification requirements/approve licensed certifying bodies Develop licensing agreement Sign WaterSense manufacturer partnership agreement ................................... D l d t eve op pro uc Develop and maintain label use guidelines Maintain Web registry of WaterSense labeled products EPA Manufacturer Partner Sign WaterSense manufacturer partnership agreement ................................... Design and manufacture product Submit application packet for product certification and product for testing Label WaterSense Notify WaterSense of labeled product Distribute properly labeled products in conformance to specification Certifvina Bodv Submit letter of intent and supporting documentation to EPA Si EPA li i gn cens ng agreement Verify signed WaterSense partnership ................................. Test product Certify products/authorize label use f M i t i bli li ti ng o a n a n pu c s labeled products Perform ongoing surveillance Version 3.1 30 February 2009 WaterSense Program Guidelines Appendix B WaterSense Label Use Guidelines What is the WaterSense label? The WaterSense label is a certification mark, backed by the credibility of EPA, identifying a water-efficient product or program that meets EPA criteria for water efficiency and performance. It is being registered with the U.S. Patent and Trademark Office. What does the WaterSense label look like? The words "WaterSense" and "Meets EPA Criteria" are arranged in a circular pattern around the WaterSense image. The colors used to make the label are Pantone 364 (green) and Pantone 641 (blue), and the fonts are Rotis Semi Serif - 65 and Helvetica Roman. The WaterSense label must be reproduced so that all of its components are legible. The label should not be distorted or altered in any way. In the case of printing on packaging or application directly to a product, the label can be used in black or one color. In cases where products have been certified by a licensed certifying body, the certifying body's name will appear directly under the label with the words "Certified by" in Helvetica Light Standard Condensed. Are there any prerequisites for using the WaterSense label? Any organization that wishes to use the WaterSense label must be a program partner in good standing. The partner must have in place a signed, current partnership agreement with EPA. The label may only be used in conjunction with a product or program for which EPA has issued a final specification. Any manufacturer or certifying organization partner wishing to use the label must have received the appropriate notification of WaterSense program acceptance and/or third-party certification from a licensed certifying body of the relevant product(s) or program(s). When EPA specifications require third-party certification for a product to earn the label, the name of the licensed certifying body will be included as text under the label. The WaterSense label may not be used in conjunction with any product that has not been certified, nor with any product or program that has been disqualified from the WaterSense program. Where can we use the WaterSense label? The WaterSense label should only be used in conjunction with and directly adjacent to a specific WaterSense labeled product or professional program. In the case of separately packaged and sold components that make up a labeled product, the manufacturer should clearly indicate which items and/or model numbers are necessary to complete a WaterSense labeled product. Partners can use the WaterSense label on various materials, such as: Version 3.1 31 February 2009 WaterSense Program Guidelines • For professional certification programs: In program materials, brochures, or Web sites promoting certification program(s) that meet EPA's WaterSense criteria, in direct association with the qualified program(s). • For products: On product packaging, labels, or, at the manufacturer's discretion, directly imprinted on or adhered to the product, in direct association with the certified product(s), as long as the product maintains its certification to the WaterSense criteria for efficiency and performance. (Upon notification of a disqualification, manufacturers must immediately cease using the label on a product.) • Manufacturer, distributor, or retailer brochures, advertisements, trade show displays, or point-of-purchase materials, where clearly associated with a specific certified product or professional program to indicate that the product or professional program meets the WaterSense criteria for efficiency and performance. • Manufacturer, distributor, or retailer Web sites, to clearly distinguish products that meet WaterSense criteria for efficiency and performance, and in direct association with those products. Is there anywhere we may NOT use the WaterSense label? The WaterSense label may not be used in any way to imply that other products produced by the manufacturer that have not met WaterSense certification criteria are labeled, or that EPA endorses the labeled product(s), manufacturer, or, in the case of certification programs, the program itself or any certified professional. The WaterSense label should not be used on promotional materials that promote water efficiency in general. The label should only be used in association with and directly adjacent to a specific WaterSense labeled product or certification program. For general water efficiency promotional materials, the WaterSense program logo or partner logo might be appropriate. How can we be sure we are using the WaterSense label properly? EPA is happy to review your pre-press promotional items, draft Web sites, packaging, or other materials that use the WaterSense label. To help us maintain the integrity of the program and its identity, we also ask that you alert the Agency to any concerns you might have or possible misuse of the WaterSense label in your industry. How are WaterSense label use violations handled? WaterSense is a partnership among businesses, organizations, and the federal government. As part of the partnership, business and organizational partners may use the WaterSense name and label. To protect the integrity of the WaterSense label, EPA will enforce these label use guidelines and determine whether uses of the label are appropriate. EPA (or the appropriate certifying body) will contact anyone who misuses the label in writing or by phone. Violators will be given time to correct the error(s), depending on the severity of the violation and the medium in which the violation appeared. Dispute resolution procedures, outlined in the WaterSense Program Guidelines, will go into effect if a correction is not made to EPA's satisfaction. Version 3.1 32 February 2009 WaterSense Program Guidelines Appendix C WaterSense Mark2 Policing and Corrective Action Decision Diagram for Promotional Activities EPA Mechanisms for Identifying Mark Misuse • Encourage partners to alert EPA as to mark misuse by other partners • Annually review partner submittal of sample printed material • Ask partners to report any mark misrepresentations by non-partners • Conduct monitoring activities including water efficiency listsetvs, announcements, and consulting Web sites • Review pre-printed materials • Review current and future partner's Web sites • Conduct Google image searches • Utilize Bacon's tracking • Work with licensed certifvinq bodies (LCBsI to report anv improper use of the LCB logo or label ~ Types of Mark Misuse ~ Irrigation partner uses program or partner logo to represent company Use of WaterSense program or LCB logo on Web sites/printed material Manufacturer associates program, partner, or LCB logo with product instead of label Use of partner logo prior to completing partnership agreement Mark used to imply EPA endorsement of a company, organization, or program Program or LCB logo used on specification sheets, product Web pages, product advertisements, or other promotions Use of the label by a partner or non-partner in promotional materials Any use of mark not consistent with applicable WaterSense mark guidelines. I Resolution for Partners I Send a-mail notice to violating organization After 30 days, if not resolved, send second e-mail and place a follow up call After 60 days, if not resolved, send third e- mail, second call, and certified letter After 90 days, if not resolved, begin partnership agreement termination and n~tifv via r.PrtifiPri IPttPr I Resolution for Non-Partners I Send a-mail notice to violating organization After 30 days, if not resolved, send second e-mail and place afollow-up call After 60 days, if not resolved, send third e- mail, second call, and certified letter. After 90 days, if issue not resolved, send second certified letter indicating EPA is initiating legal actions. Forward request for legal action to OGC. z Refers to the WaterSense promotional label, WaterSense partner logo, WaterSense program logo, WaterSense label used in conjunction with professional certification programs, the WaterSense licensed certifying body logo, and the WaterSense label used in promotional materials. Does not cover the WaterSense label used on products. Version 3.1 33 February 2009 WaterSense Program Guidelines Appendix D WaterSense Label Policing and Corrective Action Decision Diagram for Products EPA I Licensed Certifying Body I Mechanisms for Identifvinq Label Misuse Mechanisms for Identifvinq Label Misuse Literature/Web site reviews Annual post-market product surveillance- . Review of Bacon's media clips facility/warehouse audits, product retesting, Review of pre-print materials retail outlet audits Partner alerts Review of pre-print materials Google image searches Manufacturer alerts Reports from LCBs Reports from EPA EPA Handles Corrective Action Licensed Certifying Body Handles Corrective Action Label used in conjunction with uncertified product Manufacturer does not have any certified Manufacturer has other products certified (e.g., products (e.q., no LCB identified with label) LCB name identified with label) Continued use of label on suspended/withdrawn products Use of WaterSense label prior to receiving certification Label used incorrectly; e.g., to endorse a product or company I EPA endorsement I Label used incorrectly in promotional materials by a wholesaler, distributor, or retailer I LCB endorsement I Label used on general water-efficient promotional material Label altered from original provided by LCB Label not used in conjunction with a specific certified product Version 3.1 34 February 2009 WaterSense Program Guidelines Appendix E WaterSense Promotional Label Use Guidelines What is the WaterSense promotional label and how is it different from the WaterSense label? The WaterSense promotional label is a tool designed to help advertise WaterSense labeled products and certification programs to consumers and other purchasers. EPA created the promotional label as a way for partners to incorporate the WaterSense label into their marketing and advertising materials and increase the brand's visibility. The promotional label can be used anywhere in promotional materials. On the other hand, the WaterSense label, as a certification mark, may only be used directly on or adjacent to the specific WaterSense labeled products it identifies. What does the WaterSense promotional label look like? The promotional label includes the WaterSense label, wherein the words "WaterSense" and "Meets EPA Criteria" are arranged in a circular pattern around the WaterSense image. The colors used to make the label are Pantone 364 (green) and Pantone 641 (blue), and the fonts are Rotis Semi Serif - 65 and Helvetica Roman. The promotional label also includes a black or Pantone 641 (blue) box with one of the following phrases: • "look for" • "ask about" • "we sell" The WaterSense promotional label must be reproduced so that all of its components are legible. The promotional label should not be distorted or altered in any way. Pictured below is the promotional label with a blue and a black background, as well as a pure black and white version. Who is eligible to use the WaterSense promotional label? Any manufacturer, retailer, distributor, utility, community, state, or other organization or certified professional partner that wishes to use the promotional label may do so, as long as they have in place a signed, current WaterSense partnership agreement with EPA. How and where can the WaterSense promotional label be used? The promotional label should only be used to generally promote the purchase or use of WaterSense labeled products or programs, for example: by organizations that want to tell Version 3.1 35 February 2009 WaterSense Program Guidelines consumers to look for the label; by stores that want to promote the fact that they sell or make it easy for customers to find WaterSense labeled products; by certifying organizations that want to promote a WaterSense labeled certification program to irrigation professionals; or by manufacturers who make a variety of labeled products. Partners can use the WaterSense promotional label on various materials, such as: • Brochures • Advertisements • Circulars • Trade show displays • Point-of-purchase materials • Web sites Is there anywhere we may NOT use the WaterSense promotional label? The promotional label, like the WaterSense label, may not be used in any way to imply that products or programs that have not met WaterSense certification criteria are labeled, or that EPA endorses the labeled product(s), manufacturers, retailers, distributors, organizations, or other partners, or, in the case of certification programs, the program itself or any certified professional. NOTE: Although the promotional label is appropriate for directing your customers to WaterSense labeled products and programs in general, it might be more appropriate to use the WaterSense program logo or partner logo for general water efficiency promotional materials. How can we be sure we are using the WaterSense promotional label properly? EPA is happy to review your pre-press promotional items, draft Web sites, retail point-of- purchase promotions, or other materials that use the WaterSense promotional label. To help us maintain the integrity of the program and its identity, we also ask that you alert EPA to any concerns you may have or possible misuse of the WaterSense promotional label in your industry. How are WaterSense promotional label use violations handled? WaterSense is a partnership among businesses, organizations, and the federal government. As part of the partnership, business, organizational, and professional partners may use the WaterSense promotional label. To protect the integrity of the promotional label, EPA will enforce these promotional label use guidelines and determine whether uses of the promotional label are appropriate. EPA will contact anyone who misuses the promotional label in writing or by phone. Violators will be given time to correct the error(s), depending on the severity of the violation and the medium in which the violation appeared. Dispute resolution procedures, outlined in the WaterSense Program Guidelines, will go into effect if a correction is not made to EPA's satisfaction. Version 3.1 36 February 2009 WaterSense Program Guidelines Appendix F WaterSense Partner Logo Use Guidelines What is the WaterSense partner logo? The WaterSense partner logo signifies an organization's or individual's commitment to promoting water efficiency, demonstrated by a signed partnership agreement between that organization and EPA. The partner logo in noway signifies that an organization's product or program is WaterSense labeled; rather, it signifies an organization's (or an individual's) commitment to work with EPA to advance the goals of the program. What does the WaterSense partner logo look like? The WaterSense partner logo consists of the WaterSense program logo with the word "PARTNER" underneath the lower right corner in Rotis Semi Serif - 65 font. The partner logo may be printed in black, grayscale, or Pantone 641 (blue) / 364 (green). The partner logo should not be distorted or altered in any way, and if scaled smaller must be legible and keep the same ratio dimensions. Are there any prerequisites for using the WaterSense partner logo? Any organization or individual who wishes to use the WaterSense partner logo must be a WaterSense program partner in good standing. The partner must have in place a signed, current WaterSense partnership agreement. The partner organization must adhere to each of the conditions of that agreement, including actively promoting water efficiency and/or producing products that are independently tested to determine if they meet the WaterSense efficiency and performance criteria. In addition, individuals who have been certified through a WaterSense labeled professional certification program and who are committed to advancing the goals of the WaterSense program may sign a partnership agreement and use the WaterSense partner logo. Where can I use the WaterSense partner logo? The WaterSense partner logo can be used on many different documents: • Partner Web sites, promotional materials, and exhibit booths. • Letterhead, business cards, and external correspondence. • Internal communications, posters, flyers, and brochures to educate/update employees, consumers, and customers about the WaterSense program and water efficiency. • Advertisements (e.g., trade press, consumer magazines, yellow pages, television spots) to promote the partner's commitment to the program.* For individual certified professional partners (e.g., irrigation professionals), the partner logo must be associated with the individual's name, not the company name. Version 3.1 37 February 2009 WaterSense Program Guidelines Is there anywhere I may NOT use the WaterSense partner logo? Partners may not use the WaterSense partner logo in any way that implies EPA endorses a product, program, individual, service, or organization. For example, the partner logo may not be placed next to the name or picture of a specific product. The partner logo may not be used to imply that a product or service is water-efficient or meets the criteria set forth by EPA's WaterSense program. Do not use the partner logo on specification sheets, product Web pages, product advertisements, or other promotions directly for a WaterSense labeled product. Instead, where appropriate, use the WaterSense label. How are WaterSense partner logo use violations handled? Maintaining the credibility of the WaterSense partner logo depends on enforcing these use guidelines. As the program's sponsor, EPA will determine whether uses of the partner logo are appropriate. EPA will contact anyone who misuses the partner logo in writing or by phone. Violators will be given time to correct the error(s), depending on the severity of the violation and the medium in which the violation appeared. Dispute resolution procedures, outlined in the WaterSense Program Guidelines, will go into effect if a correction is not made to EPA's satisfaction. Version 3.1 38 February 2009 WaterSense Program Guidelines Appendix G WaterSense Program Logo Use Guidelines What is the WaterSense program logo? The WaterSense program logo will be used by EPA and its promotional partners to show that they are dedicated to the WaterSense program's mission to transform the marketplace for water-efficient products, practices, and programs. Use of the program logo is restricted to eligible partners, who must adhere to the guidelines set forth in this document. The program logo is being registered with the U.S. Patent and Trademark Office. What does the WaterSense program logo look like? The WaterSense program logo consists of the WaterSense image and text in Rotis Semi Serif - 65 font oriented horizontally. Blue and green were chosen for the program logo because they represent water and the environment. Black or reversed white versions of the program logo are also allowed. The program logo should be reproduced large enough for "EPA" to be legible. The program logo should not be distorted or altered in any way. Are there any prerequisites for using the WaterSense program logo? WaterSense promotional partners, including communities, states, government agencies, utilities, and nongovernmental organizations, willing to promote the benefits of WaterSense labeled products and water-efficient practices through education campaigns or other activities may use the program logo on outreach/promotional materials. To preserve the credibility of the program logo, organizations must adhere to government regulations on the uses of the program logo as indicated in this document. Promotional partners must have in place a current, signed partnership agreement with EPA in order to use the program logo. In addition, promotional partners are asked to complete a WaterSense promotional plan checklist prior to using the WaterSense program logo or materials, and annually thereafter. All uses of the WaterSense program logo in educational and promotional campaigns should be consistent with the WaterSense brand. EPA reserves the right to review and approve uses of the program logo on promotional materials. Where can I use the WaterSense program logo? WaterSense partners may use the program logo in the following ways: • As a visual identifier in educational campaigns that demonstrate the benefits of water- efficient products, practices, and/or services, in accordance with WaterSense goals and objectives. • Program brochures, fact sheets, and other printed materials and promotional items containing messages about the WaterSense program or messages consistent with the WaterSense brand. Version 3.1 39 February 2009 WaterSense Program Guidelines • Web sites of partners that promote WaterSense labeled products and water-efficient practices. • Public service announcements and advertisements that promote WaterSense approved messages. • Press materials and other items that support WaterSense campaigns. While EPA realizes there are many valuable and effective water efficiency campaigns and programs underway across the United States today, the program logo should only be used by partners in conjunction with programs or campaigns that are consistent with WaterSense messages and program goals. These include promoting products and programs that use water more efficiently while offering the same or better performance. Is there anywhere I may NOT use the WaterSense program logo? The WaterSense program logo may not be used to imply EPA endorsement of an organization, company, product, or professional program. The program logo may not be used to disparage WaterSense or EPA or any other government body. The program logo may never be associated with products or services that do not meet the criteria of the WaterSense program. The program logo should not be used to imply that a product or service is water-efficient or meets the criteria set forth by EPA's WaterSense program. Instead, where appropriate, use the WaterSense label. How are WaterSense program logo use violations handled? Maintaining the credibility of the WaterSense program logo depends on enforcing these use guidelines. As the program's sponsor, EPA will determine whether uses of the program logo are appropriate. EPA will contact anyone who misuses the program logo in writing or by phone. Violators will be given time to correct the error(s), depending on the severity of the violation and the medium in which the violation appeared. Dispute resolution procedures, outlined in the WaterSense Program Guidelines, will go into effect if a correction is not made to EPA's satisfaction. Version 3.1 40 February 2009 WaterSense Program Guidelines Appendix H WaterSense Program Logo Use Guidelines for Certifying Bodies WaterSense is a partnership program sponsored by EPA designed to enhance the market for water-efficient products and programs by making it easier for consumers and others to find products that use less water. Any certifying body party to a licensing agreement with EPA is permitted to use a specific WaterSense program logo designed for licensed certifying bodies in order to highlight its certification services for WaterSense labeled products. A separate label is used to identify water-efficient products themselves. What is the WaterSense program logo for licensed certifying bodies? The WaterSense program logo is used as a brand identifier for the program by EPA and its partners. Use of the program logo for licensed certifying bodies is restricted to EPA and licensed certifying bodies as described above. The WaterSense program logo for licensed certifying bodies should only be used on informational materials and should not be disseminated to other entities to use for their promotional purposes. What should the WaterSense program logo for licensed certifying bodies look like? The program logo for licensed certifying bodies consists of the WaterSense image and text in Rotis Semi Serif - 65 Bold font oriented horizontally. The words "Licensed Certifying Body" follow the WaterSense program logo. The colors used to make the label are Pantone 364 (green) and Pantone 641 (blue), representing water and the environment. Black or reversed white versions of the program logo are also allowed for use. The program logo should be reproduced large enough for "EPA" to be legible. Use only the original art files as provided by EPA. The WaterSense program logo for licensed certifying bodies may not be altered, cut, separated, or otherwise distorted in perspective or appearance. This includes stretching the logo, changing the logo colors, or inserting text into the logo. Where to use the WaterSense program logo for licensed certifying bodies Licensed certifying bodies may use this WaterSense program logo on informational materials focusing on their organizational capabilities as demonstrated by their involvement with the WaterSense program. When licensed certifying bodies use the program logo it should be accompanied by a brief description of the program and an explanation of the licensed certifying bodies association with the program. For example, "WaterSense is a partnership program sponsored by the U.S. Environmental Protection Agency. [Insert licensed certifying body name] offers WaterSense certifications for the following products: [insert product categories]." Reminder: The WaterSense program logo may not be distributed or used to imply EPA endorsement of a company, organization, product, or service, and may never be associated with products or services that do not meet the criteria of the WaterSense program. Version 3.1 41 February 2009 WaterSense Program Guidelines WaterSense program logo for use by licensed certifying bodies: There is one version of the WaterSense program logo that can be used by licensed certifying bodies: To receive an electronic copy of the program logo, please contact the WaterSense Helpline at (866) WTR-BENS (987-7367) or send an a-mail to watersense@epa.gov. The program logo is available in three different file types-GIF, JPG, and EPS. Each type is best used with a different medium: • GIF -for use on Web pages • JPG -for use in PowerPoint presentations • EPS -for use in printing or incorporating into Photoshop, Illustrator, QuarkXpress, etc. When possible, the full color WaterSense program logo should be used. Version 3.1 42 February 2009 MEMORANDUM TO: Mayor and City Commissioners FROM: Lula Butler, Director, Community Improvement THROUGH: David T. Harden, City Manager DATE: October 28, 2009 SUBJECT: AGENDA ITEM 8.E. -REGULAR COMMISSION MEETING OF NOVEMBER 3, 2009 AMENDMENT NO.3 TO THE SUB-RECIPIENT HOUSING PARTNERSHIP AGREEMENT/CLT ITEM BEFORE COMMISSION Approval of an Amendment 3 to the Sub-Recipient Housing Partnership Agreement between the City and the Delray Beach Community Land Trust (CLT) for subsidizing the costs associated with affordable housing units within the CLT. BACKGROUND At the August 5, 2008 meeting, City Commission approved aSub-Recipient Housing Partnership Agreement between the City and CLT for the purpose of subsidizing the costs associated with affordable units within the CLT under the LHAP's "Sub-Recipient Housing Partnership Program." Amendment one was subsequently approved allocating additional funding in the amount of $360,000 for FY 08-09, and extending the agreement until September 30, 2011. Amendment 2 allocated $90,000 in additional FY 08-09 funds. Amendment 3 extends the FY07-08 housing goals deadline to April 30, 2010. FUNDING SOURCE SHIl' - 118-1924-554-49.20 RECOMMENDATION Staff recommends approval of an Amendment 3 to the Sub-Recipient Housing Partnership Agreement between the City and CLT. AMENDMENT NO. 3 TO SUB-RECIPIENT AGREEMENT THIS AMENDMENT NO. 3 to the Sub-Recipient Agreement entered into by and between DELRAY BEACH COMMUNITY LAND TRUST, INC., (hereinafter referred to as "CLT"), and CITY OF DELRAY BEACH, (hereinafter referred to as "City"), is entered into this day of 2009, under the following terms and conditions: WITNESSETH: WHEREAS, the City and CLT mutually covenant and agree to amend and modify the Sub-Recipient Agreement entered into on August 5, 2008, the Amendment No. 1 dated April 29, 2009, and the Amendment No. 2 to the Sub-Recipient Agreement dated September 22, 2009 in order to provide for extension of the Sub-Recipient Agreement regarding the Housing Partnership. NOW, THEREFORE, in consideration of the mutual covenants, stipulations and agreements herein contained, the parties agree as follows: 1. The recitations referred to above are hereby incorporated herein. 2. Paragraph II, "Programs", A. "Homeowner Program", 1, "Duties and Responsibilities" of the Sub-Recipient Agreement dated August 5, 2008 the Amendment No. 1 dated April 29, 2009, and the Amendment No. 2 to the Sub-Recipient Agreement dated September 22, 2009, shall be amended as follows: II. Programs. A. Homebuyer Program: 1. Duties and Responsibilities. a. City of Delray Beach, Neighborhood Services Division 1) To administer Sub-Recipient Housing Partnership Strategy as set forth in the 2007- 2010 Local Housing Assistance Plan; 2) To ensure compliance with all applicable governing regulations, statutes, local and state laws, and program specific requirements; 3) To coordinate all monitoring and annual reporting of program requirements related to the City administered funds under the Program; 4) To maintain the availability of funds to be used as subsidies from the City's annual SHIP allocation; the City will maintain its authority to approve/deny all applicant files (on an individual basis) requesting subsidy assistance from the City; 5) To refer program applicants and interested persons to Community Land Trust, Inc.; 6) To provide incremental payments in the form of subsidy awards to the Sub-Recipient based on eligible homebuyers under the Program not to exceed Seventy-Five Thousand Dollars ($75,000.00) per home purchase; 7) To monitor at random that the Community Land Trust residents who have benefited from the subsidy are not violating any of the "qualifying event(s)" as outlined in the 2007- 2010 Local Housing Assistance Plan. Qualifying event(s) are considered to be: i) The unit is sold and is no longer a part of the Community Land Trust; ii) The homeowner fails to continuously occupy the home as a primary resident; ii) The unit is rented; 2 iv) The unit is refinanced without prior authorization of the City; b c. Community Land Trust, Inc., Sub-Recipient Partner The Community Land Trust is a private nonprofit corporation created to secure affordable access to land and housing and to hold said land for the benefit of the community thereby ensuring perpetual affordability of units. The Sub-Recipient's role as a Partner shall be: 1) To implement the income-eligibility process as outlined in the "State Housing Initiatives Partnership, SHIP Program Manual" and to submit SHIP income eligible files as determined by the SHIP Income Limits Chart listed in Exhibit "A" to the Neighborhood Services Division at least five (5) days prior to closing date with all required documentation listed in Exhibit "B" -Documentation Checklist. To ensure that all applicants meet the following criteria in addition to the Income-Eligibility guidelines: 1) Recipient must be first-time homebuyer(s), which is defined as one of the following: a. someone who has not owned a home during the past three (3) years; b. a single parent who has been divorced and displaced within the twelve (12) month period prior to time of application, and whose house hold includes children under the age of eighteen (18); c. a displaced victim of domestic abuse; d. a person displaced as a result of a government action (other than eviction from public housing; and those who have special needs according to Chapter 67-37.002(13); 2) Recipient must have a bank account; 3 3) Recipient must have an accepted contract for a home and have applied for a first mortgage with a lender that meets the lender guidelines attached as Exhibit "C"; 4) Recipient must have attended and completed an approved home buyer education course (i.e. at least four hours in length and conducted in a classroom setting) approved by the Neighborhood Services Division. d) Funds available for FY ending September 30, 2009 will be $529,568 total ($170,842 FY06-07, $358,726 FY07-08). Sub-Recipient shall meet the housing goals as follows: 1) FY06-07 Funds a. Sub-Recipient will be required to expend at least One Hundred Forty-five Thousand Dollars ($145,000.00) of funds on Very-Low Income Applicants. 2) FY07-08 Funds a. Sub-Recipient will be required to expend at least One Hundred Eighty Four Thousand Dollars ($184,000.00) of funds on Very-Low Income Applicants. b. Sub-Recipient will be required to expend at least One Hundred Forty Thousand Dollars ($140,000.00) of funds on Low-Income Applicants. e) Funds available for FY ending September 30, 2010 will be $450,000. Sub-Recipient shall meet the housing goals as follows: 1) FY08-09 Funds a. Sub-Recipient will be required to expend at least One Hundred Forty-five Thousand Dollars ($145,000.00) of funds on Very-Low Income Applicants. 4 b. Sub-Recipient will be required to expend at least One Hundred Eighty Seven Thousand Dollars ($187,000) of funds on Low-Income Applicants. 2) Deadlines to meet housing goals (as stated below) are as follows: i. FY 06-07 February 1, 2009 ii. FY 07-08 rebr, ,°~Z~-OTQ April 30, 2010 iii. FY 08-09 February 1, 2011 4-}~ The Sub-Recipient shall charge a development fee of no more than six percent (6%) of the CLT Board approved construction costs per unit. f) Sub-Recipient shall notify the City if they learn that a resident who has benefited from the subsidy is violating any of the "qualifying event(s)" as outlined in the 2007-2010 Local Housing Assistance Plan ("CHAP"). 5. All other terms and conditions of the Sub-Recipient Agreement of August 5, 2008, the Amendment No. 1 dated April 29, 2009, and the Amendment No. 2 to the Sub-Recipient Agreement dated September 22, 2009 shall remain in full force and effect and are incorporated herein. ATTEST: City Clerk Approved as to Form: CITY OF DELRAY BEACH, FLORIDA By: Nelson S. McDuffie, Mayor City Attorney (SEAL) 5 ATTEST: Print Name: STATE OF FLORIDA COUNTY OF PALM BEACH DELRAY BEACH COMMUNITY LAND TRUST, INC. By: Print Name: Title: The foregoing instrument was acknowledged before me this day of 2009 by as of Corporation, on behalf of the corporation. He/She is personally known to me or has produced as identification. Notary Public -State of Florida 6 MEMORANDUM TO: Mayor and City Commissioners FROM: Sharon L'Herrou, Administrative Officer Anthony W. Strianese, Chief of Police THROUGH: David T. Harden, City Manager DATE: October 28, 2009 SUBJECT: AGENDA ITEM 8.F. -REGULAR COMMISSION MEETING OF NOVEMBER 3, 2009 GRANT APPLICATION AND AWARD/FDOT/AGGRESSIVE DRIVING PROGRAM ITEM BEFORE COMMISSION The Police Department seeks acceptance of a grant award from the Florida Department of Transportation (FDOT) in the amount of $48,800 for implementation of an aggressive driving/speed enforcement program. BACKGROUND On 4/7/09, Commission approved an application to FDOT for implementation of an aggressive driving/ speed enforcement program. The proposal has received preliminary approval from FDOT for a portion of the requested funds, and we have been notified of an award in the amount of $48,800 to support that project. In order to receive the funds, we are required to complete a more detailed application (attached) and accept the terms of the award. Funding provides for an unmarked police vehicle and related equipment which will be used for speed enforcement activities. DBPD believes that this funding will help to provide the citizens of Delray Beach with safer roads. RECOMMENDATION The DBPD recommends acceptance of the FDOT aggressive driving/speed enforcement grant. F- i r ^ ~~ ~ ^ r. a IA ® ~ ~ X~ ~~ a +~ ~ _.. ~~ tit 1 ~I n ~~ Ruk1+_98.+~7g,F~I.C- ~+.'tp l~p~^g^ pSpTyA~Tg~QFryFip6RTI0ADpEAPACR,T«R~r7EFtT~4yFTRAN~S~R}~~yRyTAFIC7/Ny ~/ C'rp~ry~a 5Q0-Gfi5-01 y yJD~F~MIYI Fi i'f'"~IVMI~tV Pll~lliHYYI`~1 /°A~EI1 I-4JIM6/t7 SAFETY 08168 Far (). 0.7' Use Orriy _ _ Project Number: SC-1Q-93-07 DUT Contract Number: _ __ Federal Funds Allocated: Date Approved: Subgrant Period: $~ Date Revised: Subgrant History: ('l} l2) ~.~ __ _ - - t3) Earl I: GENERAl~ ADMINISTRATIVE lNIrE7RMAT(C3 N (See Instructions for Highway Safety Subgrant Applications) 1. Project Title: DBPD Speed Enforcement Program 2. Type of Application: ~J Initial ^ Continuatian 3~ Requested Subgrant Period: 10/1f2009 to 91301`2010 ~. Support Matching Total X48,800 Srrught: $48,804.00 _.__m_ Share: $0.00 ___ Budget: 5, Applicant Agency (Subgrantee): 6. Implementing Agency: City of Delray Seach City of Delray Beach Police Department 100 NW 1 ~' Ave. 300 W. Atlantic Ave. Delray Beach, FL. 33444 Delray Beach, FL. 33444 Attn: Mr. David Harden, City Manager Attn: Anthony Strianese, Chief of Pallce Telephone: {561 ) 243 - 7(l1~ Telephone: (561) 243 - 7851 _ _ __~__ 7. Federal ID Number. 8. State FLAIR Number(State Agencies) ~_W.a~-. 9. Chief Financial C~fFcer: 10. Project Director; City of Delray Beach City of Delray Beach Police Department 100 NW 1st Ave. 300 W. Atlantic Ave, Delray Beach, FL. 33444-2612 Delray Beach, FL. 33444-2612 Joseph Safford Sharan L'Herrou Telephone Number. (561 ) 243 - 7117 Telephone Number: (561 ) 243 - 71352 Fax Number: _561 ) 243 - 7166 _ .. Fax Number: (561 ) 243 -7852__..-__ E-Mail Address: Safford@ci.delray-beach.fl.us E-Mail Address: lherrou ci.delra -beach.fl.us Subgrant funds provided by the U.S. Department of Transporta tion, National Highway Traffic Safety Administration, Catalog of Federal Domestic Assistance Number -- 24.f>,_,, Sta#e and Community Highway Safety Program, through ~ the Florida Department of Transportation. The Dun and Bradstreet Data tlnlversal Numbering System (DllNSj ~ Number for the Florida Department of Transportation !s- Ru?~ I~-48(Ml3,F,~C ~'a~ Ali: ~~~,~~~ ~ ~NC1 ~U~~~~~~N~ ®~~ -GGa 9 t SAFETY 6~7F08 State clearly and in detail the aims of the project, precisely what will be done, who will be involved, and what is expected to result, Use the fallowing major headings: 1, Statement of the Problem 2. Proposed Solution 3. objectives A. Bvaluation b. Milestones (Use form provided) Start below and use additional pages as necessary. 1 } STA~`~MENT c~F THE PRbI~~~M The City of Delray Beach is located slang the Atlantic Coast and is one of the southern most cities in Palm Beach County, Florida. The city has appraximately E~6,000 year round residents. During the winter months, September through April, there is a sharp increase in winter residents and tourists. This increases our city's residency to approximately 95,000. The city is appraximately 22 square miles and lies between West Palm t3each, which is 2U miles Werth, and the city of Miami, which is 50 miles to the south. A problem that exists in the City of Delray Beach as well as ether cities throughout the United States is an epidemic aptly referred to as "Road Rage." Read Rage is the result of another problem referred #o as "Aggressive Driving." Specific types of moving violations committed by drivers can be defined as aggressive driving. Speeding, improper driving, fagawing too closely, improper lane changing, failing to obey traffic signals, and failing to yield the right of way, these are just a few examples. Road Rage occurs when one driver expresses anger towards another driver and acts on that anger. It is often a reaction to peroeived wrongdoing or discourtesy by another driver. Mach year appraximately 6,800,000 crashes scour in the United States. A substantial numtaer are estirrrated to be caused by aggressive driving. In 1997, statistics compiled by NHTSA (National Highway and Traffic Safety Administration) and the American Automobile Association show that almost 13,000 people have been injured or killed in crashes caused by aggressive driving. According to another NHTSA survey, more than 60 percent of drivers consider unsafe driving by ethers, including speeding, a major personal threat to themselves and their families, NHTSA research shows that compliance with, and support for, traffic laws can be increased through aggressive, targeted enforcement combined with a vigorous public information and education program. According to the American Automobile Association eighty-three percent of drivers will be involved in some type of an aggressive driving incident and they else suggest that driver-to-driver violence is up more than 50 percent. During the year 2008, the Delray Beach Police Department issued 13,809 uniform traffic citations including 1,965 written warnings, with aver 70 percent of those being for speeding and other moving violations. The remainder of the citations were issued for Wan-moving and criminal violations. In 2006, the Delray Beach Poiire Department investigated 8 traffic fatalities, in 2007 that number decreased to 4 fatalities but in 2006 our traffio fatalities increased to 8 with the majority of them being related to aggressive driving, (i.e, speed, improper turns, red light rur7ning, etc.}. a 2) PROPOSBD SOLUTIC7N I Along with the members of the Delray Beaoh Police Departments patrol division; the department has recently re-implemented it's motorcyoie traffic unit. Members of these units will continue to enforce violations at intersections where fatalities have occurred as well as areas identified with speeding problems. s We believe the addition of one unique enforcement vehicles ("slick-top", unmarked, na overhead lights} will enhance our ability to detect and apprehend aggressive drivers. The vehicle will be used by the department to target specific areas. We believe a lest conspicuous vehicle will enhance the effectiveness of our enforcement. The Delray Beach Police Department has already acquired two solar ALS message boards, these signs are being used 2 Ruic I4-Deno=,1+,t4'. 6C~3-C^&S-Ofi SNF~rY 49:08 State clearly and in detail the aims of the project, precisely what will be done, who will be involved, and what is expected to result. Use the following major headings: 9. Statement of the Problem 2. Proposed Salution 3. Qbjectiues 4. Evaluatian 5. Milestones (Use form provided) Start below and use additional a es as necessa far public information and education messages. Areas in which the signs are used include: school pones and heavily traveled roads during peak striving times. The signs are also used during statewide campaigns such as the "Glick It or Tioket"' enforcement period and the "Stop Red Light Running week. 3) QBJECTIVES 1. Educate all officers in the department on Aggressive Driving and Road page, . Increase public awareness on Aggressive Driving through education, (i.e. billboards, fliers, mini PSA's, etc.} ~. Reduce tl~e number of fatality crastres within the city limits by 5% compared to last years fatal statistics.. 4. Increase the number of enforcement contacts using solutions from proposal. 4} EVAI,.UATION The Delray 13sach Pollee Department will evaluate the overall success o1F the program by assessing the number of contacts made during Aggressive Driving enforcement and the number of Speeding citations issued The Departmen# will also track activities related to public educational campaigns and officers trained through the program. Finally, the Department hopes to see a reduction in traffic fatalities. '' 3 Ru4e Id-9$.4~Y5, F A.C 5U4 C54S-fD 1 SAFETY 44;U8 Timetable iron Miie~tonQ i~~S#®~~~ __ 1~` QU01'k~Y 2nd Qtl~l'kL*f 9`d Qu~rtar 4d' G1uartQr pGT NpV DEG ,1RN fE8 MAR APR MAY dUN JUL AUG 5EP ~eseareh project vehicle and equipment ^ ^ ^ ^ ^ ^ ^ ^ ® ^ ^ ^ far purchase. Order vehicle and equipmen#, ^ ~ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ Launch new Speed enforcement program. ~ ^ ® ^ ^ ^ ^ ^ ^ ^ ^ Conduct Speed enfarement effcsrts and par#icipate in National Hwy Safe#y ,admin. ^ ~ ~ ® ~ Campaigns. ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ Educa#e Departmen# Qfflcers on Speed Enfarcement & aggressive Driving. ^ ^ ^ ^ ^ ~ ^ ^ ^ ^ Candrtct Pnblic awareness presentatians, ^ ^ ~ ^ ^ ~ ^ ~ ^ ~ ^ ^ Distribute edueatianal materials (fliers, ® ^ ® ^ ^ ~ ^ ® ^ ® ^ ^ PSAs, etc.) ^ ^ ^ ^ ^ ^! Q ^ ^ ^ ^ ~ ^ ^ ^ ^ ^ ^ ^ ^ ^ D ^ ^ ^ ® ^ ^ ^ ^ ^ ^ ^ O ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ O ^ C~J ^ C7 ^ ^ ^ ^ ^ ^ ^ ~^ ^ ~^ j^ ^i~l ^ ^ ^ ~^ ^ ^ 'O ^ ^ y^ ^^ ^ ^ ^ ^ ^ ^ ^ ^ ^ Rvle !~f-4R 4473, F a C ~~~ ~~~. PR®JECT ®~~"AI~. ~UC~~ET 5~'Q-065-Oi SAFETY 09708 Project Title: DBPD Speed Enforcement Program Project Number SC-10-13-07 - _ Contract Number: Each budget category subtotal listed below cannot be exceeded. All individua- line item costs are estimates, and the State Safety C~ffoe may approve monetary shifts between line items, not to exceed the subtotal of each budget category. f3UDGT CATEGORY T®TAL F~DIi"F2~4L NON~FEDt=RAL ~'tJNDING STATE LtJGAL w~ ~~......_._ A. Persannel Services $ a $0 $o ~0 $ 0 $o $o ~a ~ o ~a $a a ~o ~a $ a ~a ~o ~ a $a ~a ~ o $a ~a $ o $0 $0 Subtotal ~ ~ _..._,~ ._ ..,__..__.~ ~ __. ~, t} ~ m...... B. Contractual Services 0 $0 $a $0 o $a $0 $o ~ o ~o ~o ~a ~ o ~~ ~a ~a $ d $0 $4 $4 Subtotal ~ ~ $ 0 $ 0 $ 0 C. Expenses... ~ o ~a ~a ~a ~ o ~o ~o~ ~o a ~a ~a ~o ~ o ~a ~a ~o ~ o ' ~a ~a ~o ~ a ~o ~a o ~ o ~a ~o $a ~ o $o $a ~o ~ o ~a ~o ~o $ Q $a $o ~{} $ 0 $0 ~0 $0 a $0 $o $0 $ d $o $a $a $ 0 ' $0 ; $o $o $ a $0 $0 ~0 ~ , ~ o ~o ~a € ~a .Subtotal ~ 4 ~ i} ~ 0 ~ _ -$_ fl 1 Budget Modification Number' Effective Date: - !tole tY99.40<. F.IC (`~ ~~~. P'4I~1s t LJi~ 1 M~~ U~VT SZfO-Cfi5-C11 SAFETY 09t1~8 Project Title: DBPD Speed Enforcement Program Project Number: SC-10-13-OT Contract Number: m~ Each budge# category subtotal listed below cannot be exceeded. All individual line item costs are estimates, and the State Safety office may approve monetary shifts between line items, not to exceed the subtotal of each budget category. EtJt7GET CATEGORY TOTAL FECiCFtAI.. NON:-t~Et~ERAL FUNDtNt~ ---~~_.._.~._...._.. STATE LOCAL __ __ D. Oper~tiryg Capital Outlay (1) Unmarked/ unconventional Police $27,000 $27,000 $0 $0 Enforcement Vehicle Emergency equipment package far vehicle $6,000 $6,000 $0 $0 Computer Equipment far vehicle $4,000 $4,000 $0 $0 (1) In Car Video System $4,800 $4,800 $0 $0 Radar Speed Measuring Device $0,000 X3,000 $0 $0 Laser Speed Measuring Device $4,000 $4,000 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 ~ 0 $a $0 $0 $ a $a $o $o $ t~ $0 $o $o $ o $o $o $o $ o $o $a $0 $ o $0 $o $o 0 $o $o $o $ ~ $o $0 $o $ ~ $a $o $o $ o $a $o $o $ o $0 $0 $o $ o $a $~ $o $ ~ $o $o $~ $ ~ ; $o $o $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 ' $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 Subtotal $48,800 $48,800 $ 0 $ 0 ____. _ E. Indirect Cost $ 0 $0 $0 $0 I $ a $0 $~ $o $ a $0 $0 $o ~ o $o $a $o Subtotal $ o ~ o~ ~ o ~ o Total Gast of ProJec# _ $4E3,800 $48,800 ~ $ 0 $ Budget Modification Number: Effective Date: Rula 1~l-9K lNlS, F A.C 4~L7 lJLJ 6~ 1 NP'°111.RM 1 I V soo.ua~-oi SAFETY 0~+/Ot3 Projeot Title: DB17D S ed Enforcement Pro ram Project Number: SC-10=~,3~07 Contract Number: _s _.. The following is a narrative description of the projeot budget by line item by category, detailing the item and anticipated cost. Each category must be sufficiently defined to show cost relationship to project objectives. Attach additional sheets as needed. -_ ®~r A. PERS®NNEI..: None B. CC~NTFtACTL1AL SERVICES: Nar7e C. EXPENSES: D. QPERATING CAPITAL ~l1TLAY tJnconventionalillnmarked Enforcement Vehicle to be used for aggressive driving/ speed enforcement. Estimated cost: $27,000. Emergency Equiipment for vehicle; May include but not limited to; Emergency lights, siren, control box, power supply, battery saver, power inverters, center console, wiring harnesses, mounting hardware, reohargeable flashlight, flashlight charger, prisoner cage, molded rear seat, shotgun rack/lacks, front push/protective bumper, traffic cones, traffic safety vest (1}. Cost estimated at $x,000. Computer and Equipment: Laptop computer, computer stand, mounting hardware, wiring harnesses, power supply, power inverter, thumb drive, etc. Cost estimated at $4,000. In-Car Video System: Cameras, power supply, wiring harnesses, mounting hardware, control boxes, display unit, trunk mounted rack, DVDs. Cost estimated at: $4,800. Radar Speed Measuring Device: Includes, antennas, power supply, wiring harnesses, mounting hardware, control boxes, security box. Cost estimated at: $3,000. Laser Speed Measuring Device: Laser device, batteries, charging unit, power supply, security box. Cost measured at $4,000. Total costs for this category is;$48,800 1 I 3 Budget Modification Numder. Effective Date: 7 5GQ-065-01 SAFETY OtilOB t~uarterly Progress t~epor# Narrative far the quarker. Project 1-itle: BPD Speed Enforcement Prr~ ram Project Number, SC-10-13-07 Implementing Agency: _ Delray Beach Poliol]epartment Project Director: Shoran L'Werre~u D$scribe the subgrant activities that took place during the quarter. Attach newspaper clippings, press releases, photos and ether items that document activities. Use additional sheets if necessary, The C~uarterly Progress Report of f~erformartce tn~ioatar~ should be sent tc~ the DC~~ Safety (~ffiee ai®ng with the narratuue within 3t~ days of the end of each quarter. Ruk 13-98 ~S, F.A.C. y;V/yR t ~Il.~ l 1'r1V7,a C\~~7 v7 I'l~i`Qil 1 Q ~Gri~Y('ilYl~l~lw ~S~H ~~6/ti / V~ti7 for the quarter. 5CL7-C~p"5-Ui SAFETY 09fC& PrajeG# Title: DBPD Speed Enforcement Pro ram Project Number: SC-10-`i3-07 Implementing Agency: Delray Beach PaliGe Departmen# Project Director: Shoran L.'Herrau ~. _~... Performance M ilestones Accomplishe d It~diGatars Quartee Quarter __-_m_ Swx•1vlonth Quarter Quartr~r Ending Ending March Totals Ending ,3une Ending Prc~Ject Totals December 3f ~ 91 __._, 3a Septemtier 90 .Number of A ressive Drivin ~ g9 ~ 9 Campaigns _w partiGipa#ed in, Q Numtaer of speeding citations issued by the officer assigned to the grant-funded vehscie. t) 4 ~,... Number of officers attending in-house Speed Enforcement aggressive Driving training. .~.~-~_~_ p .~..__ U _. ___...__. .w Number of public awareness presentations GandUGted. ~ ~ C) ~ i t~ ~ e ~ a o i ~ e ~ o _..~ I _ I o i ~ Rt 1C l~l-vS C~9~, F.rIC. final hlarrative Report sca-c~~~r, s.~F ETY ~. Project Title: DI~PD Speed Enforcement Pro~c ram... Project Number: SC-1Q-13-ij7 _. Implementing Agency: Delray Beach Police C3epartment Project Director: Sharon L'Herrou The following is a chronological narrative history of the above listed project in accordance with Bart V.' Acceptance and Agraement, Conditions of Agrserrkent, 9. Reports. This report is an accurate accounting of the project performance and accomplishments. Attach additional sheets as needed. i L. _._ __ .__~ I 1 t) ILUIc lx-9S 6i73, F AC ~a c~~, $: tF~IY 6910£i Part V; Acceptance and Agreement Conditions of Agreenraent, tlpan approval of this Subgrant Application far Highway Safety Funds, the fallowing terms and conditions shall became binding. Noncompliance will result in loss af, or delays in, reimbursement of costs as set forth herein. 1. Reports. The subgrant year quarters are October 1 -December 31, January 1 -March 31, April 1 -Juno 30, and July 1 -September Jtl, The implementing agency shall submit the Quarterly Progress Report Narrative and t~uarterly Progress Repast of Performance Indicators forms to the State Safety Office by the last day of the month fallowing the end of each quarter (January 31, April 30, July 31, and ®ctober 31) if the subgrant was effective during any part of the quarter. t~uarterly reports postmarked after the respective submission dates listed above shall be considered past due. The implementing agency shall submit a (Final Narrative Report, giving a chronological history of the subgrant activities, problems encountered, and major accomplishments by October 31. Requests for reimbursement will be returned to the subgrantee or implementing agency unpaid if the required reports are past due, following notification. 2, Responsibility of Subgrantee, The subgranteo and its implementing agency shall establish fiscal central and fund accounting procedures that assure proper disbursement and accounting of subgrant funds and required nr~n-federal expenditures. All manias spent on this project shall be disbursed in accordance with previsions of the Project Detail Budget as approved by the State Safety Office. Ail expenditures and cost accounting of funds shall conform to 49 CFR, Part 18, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments;. 49 CFR, Part 19, Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher I~ducation, Hospitals, and tither Non-Pro#it Organizakions; OMC Circular A-102,. Grants and Cooperative Agreements with State and Local Governments; OMS Circular A-110, Uniform Administrative Requirements far Grants and Agreements with Institutions of Higher Education, Hospitals, and Other Non-Profit Qrganizations; OMP Circular A-21, Cost Principles for Educational Institutions; 2 C.F.R, 225 (OMB Circular A-87), Cost Principles fear State, Local, anti Indian Tribal Governments; andlar OMt~ Circular A-122, Cost Principles far Non-Profit Qrgani~ations, hereby incorporated by referenoe, (hereinafter referred to as Applicable Federal Law), 3. Compliance with Chapter 287P Florida Statutes. The subgranteo and implementing agency agree to comply with all applicable provisions of Chapter 287, Florida Statutes. The fallowing provisions are stated in this agreement pursuant to sections 287.133(3)(x) and 287.134(8)(x), Florida Statutes, (a) Section 2$7,"l~3 ~2)f~),1=., A person or affiliate who has bean placed on the convicted vendor list following a conviction far a public entity crime may not submit a bid, proposal, or reply on a contract to provide goods or services to a public entity; may not submit a bid, proposal, ar reply on a contract with a public entity far the cons#ructian or repair of a public building or public work; may not submit bids, proposals, or replies an leases of real property to a public entity; may not be awparded or perform work as a contractor, supplier, suboantractor, or consultant under a contract with any publio entity; and may not transact business with any public entity in excess of the threshold amount pravuded in s. 287.017 for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list. (b) S$ction 28"7.134 (2){a), F,S, An entity or affiliate who has been placed an the discriminatory vendor list may net submit a bid, prapasal, ar reply on a contract to pro~ride any goods or services to a public entity; may not submit a bid, prapasal, or reply on a contract with a public entity far the canstructian or repair of a public building ar public work; may net submit bids, proposals, or replies an leases of real property to a publio entity; may net be awarded ar perform work as a contractor, supplier, subcontractor, ar consultant under a cantraot with any public entity; and may not transact business with any public entity. 4. Approval of Consultant and Contractor Agreements. The State Safety Office shall review and approve in writing all consultant and contractor agreements prior to the actual employment of the consultant or the contractor by the subgranteo ar implementing agency. Approval of the subgrant does not constitute approval of a oansultant or contractor agreement. ll xu~e ~+~~~ws, e:~c ~s-at 5AFETY 69:"fl8 All contractual service agreements shall include as a minimum the following information: Beginning and end dates of the agreement (not to exceed the grant period); Total contrast amount; Scope of work/Serviaes to be provided; BudgetlCast Analysis; and Method of compensationlPayment schedule. All contractual service agreements shall contain the following statement: The parties to this contract shall be bound by a!I applicable sections of Part V: Acceptance and Agreement of Project (insert project number}, DOT Contraot # (insert contract number). A final invoice must be received by (insert date) or payment will be forfeited. All invoices for contractual services shall contain the following certification statement and must be signed by the eontractar: All costs are true and valid casts incurred in accordance with the agreement. 5. AClowable Costs. The allawability of costs incurred under any subgrant shale be deterrrrined in accordance with the general principles of allowability and standards for selected cast items set faith in the Applicable Federal Law and state law, to be eligible far reimbursement. All funds not spent in accordance with the Applicable Federal Law will be subject to repaymer7t by the subgrantee. 6. 1°ravel. Travel casts for approved travel shall be reimbursed in accordance with the State of Florida, Department of Transportation's (Clepartment°sy Uishursernent C~peratinns Manuaf; Chapter 3 Travel, hereby incorporated by reference, but not in excess of provisions in Section 1~2~061, Flarlda Statutes, All out-of-state travel, conference travel, meeting travel which includes a registration fee, and out-uf-grant-specified work area travel shall require written approval of the State Safety Office prior to the commencement of actual travel as being within the travel budget of tt7e project and relevant to the project, Out-of-state travel shall not be approved unless the specific trip is in the approved subgrant budget or the head of the Implementing Agency provides sufficient justification to prove that the travel will have significant benefits to the outcome of the subgrant activities. In addition, prior written approval shall be obtained from the State Safety Office for hotel rooms with rates exceeding $15© per day that are to be reimbursed. Rates exceeding $15© per day shall not be approved unless the hotel is the host facility for an approved conference ar the average rate far all hotels in tl~e area exceeds $155. 7. Written Approval of Changes. The subgrantee or implementing agency shall obtain prior written approval from the State Safety Office for changes to the agreement. Changes to the agreement will be approved which achieve or improve upon the outcome of the subgrant work, or where factors beyond the cantrol of the subgrantee require the change. For example: (a) Changes in prajeat activities, milestones, ar performance indicators set Earth in the approved application. (b) Changes in budget items anal amounts set Earth in the approved application. (c) Changes to personnel in positions that are being reimbursed by this agreement. Changes to the subgrant agreement shall be in the farm of a written request signed by the Authorized Representative of the subgrantee ar the Administrator of the Implementing Agency. Requests far changes to the subgrant budget must be postmarked no later than June 3Q of the fiscal year to be considered. Requests for budget changes postmarked after June 3C) will be denied. Delegations of signature authority will not bs accepted far modification requests, 8. Remburserrrent Obligation. The S#ate of Florida's performance and abligatian to reimburse the subgrantee shall be subject to the availability of Federal highway safety funds and an annual appropriation by the Legislature. As detailed in 49 CFR, Part 2g, Governmentwide Debarment and Suspension (P14nprocurement) and Governmentwide Requirements fpr Drug-Free Workplace (Grants), hereby incorporated by reference, the subgrantee shall not be reimbursed far the cost of goods or services received from contractors, oonsultants, venders, or individuals suspended, debarred, or otherwise excluded Pram doing business with the Federal government. The subgrantee or its implementing 1? Rule id.U3 ~N}S, F A.C SCO.1~5-01 SAF~I"I ©9718 agency shad submit the required certification by consultants with awards in excess of the smali purchase threshold fixed at 1Q U.S.G. 23Q4(g) and 41 U.S.C. 253{g) (currently X25,®~Q), 9. Cvmnrrencsr~ent of Projects. If a project has not commenced within 3t~ days after the acceptance of the subgrant award, the subgrantee or its implementing agency shall report. by letter the steps taken to initiate the project, the reasons for delay, and the expected starting date. If, after 60 days from the acceptance of the award, project activity as described herein has not begun, a further statement of implementation delay will be submitted by the subgrantee or its implementing agency to the State Safety C?ffice, Ths subgrantee agrees that if the letter is not received in the 6Q days, the State Safety Office will cancel the project and reobligats the funds to other program areas, The State Safety Office, where warranted by excusable delay, will extend the implementation date of the project past the f(}-day period, but only by formal written approval from the State Safety Office. 10. Excusable Qelays. (a) Except with respect to the defaults of subgrantee°s or implementing agency's oonsultants and contractors which shall bs attributed to the subgrantee, the subgrantee and its implementing ageney shall not. be in default by reason of any failure in performance of this agreement in accordance with its terms if such failure arises out of causes beyond the control and without the fault or negligence of the subgrantee or its implementing agency. Such causes are acts of God or of the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, and unusually severe weather, but in every case the failure to perform must be beyond the control and without the fault or negligence of the subgrantee. If the failure to perform is caused by the tailors of the subgrantee's or its implementing agency's consultant or contractor to perform or make progress, and if such failure arises out of causes beyond the control of the subgrantee, its impiementing agency and its consultant or contractor, and without the fault nr negligence of any of them, the subgrantee shad not be deeot~sd to be in defauit, unless (1) the supplies or services to be furnished by the consultant or contractor wars obtainable from other sources, (2) the State Safety Office shall have ordered the subgrantee or lts implementing agency in writing to procure such supplies or services from other sources, and (3) the subgrantee or its irr~pterrrerrting agerrcy shall have failed to comply reasonably with such order. (b) Upon request of the subgrantee or its impiementing agency, the State Safety Office shall ascertain the facts and extant of such failure and, if it shall be determined that any failure to perform was occasioned by any one or mots of the said causes the delivery schedule shall be revised accordingly. 11. t~bligation of subgrant Funds. subgrant funds may not be obligated prior to the affective date or subsequent to the termination date of the subgrant period. Only project costs incurred on or after the effective date and on or prior to the termination date of the subgrant application are eligible for reimbursement. A cost is incurred when the subgrantes's employes, its implementing agency, or approved contractor or consultant performs the senrioe required ar when goads are received by the subgrantee or its implementing agency, notwithstanding the date of order. 17. Pertormance. In the event of default, noncorfirpliancs, ar violation of any provision of khis agreement by the subgrantee, the implementing agency, the subgrantee"s consultant(s) or contractors} and suppliers}, the subgrantee agrees that the Department will impose sanctions, Such sanotions include withholding of payments, cancellation, termination, or suspension of the agreement in whole or in park. In such an event,. the Department shall notify the subgrantee and its implementing agency of such decision 3~ days in advance of the effective data of such sanction. The sanctions imposed by the Department will bs based upon the severity of the violation, the ability to remedy, and the effect on the project. The subgrantee shall be paid only for those services satisfactorily performed prior to the effective flake of such sanotion. 13, Access to Records and Monitoring, The Department, National Highway Tragic Safety Administration (NHTSA}, Federal Highway Administration (FH~IVA}, and the Chief Finanoial Officer and Auditor General of the State of Florida, or any of their duly authorized representatives, shall have access for the purpose of audit and examination of books, documents, papers, and records of the subgrantee and its implementing agency, and to relevant books and records of the subgrantee, its implementing ageney, and its consultants and contractors under this agreement, as provided under Appliaabls Federal 1-aw. In addition to review of audits conducted in accordance with OMB Circular A-133, as revised, hereby incorporated by reference, monitoring procedures will include, on-sits visits by Department staff, limited scope audits as defined by OMB 1~ AsaEc Sd-4$ tX75, F AC F.4~fl-Cv5-Q1 SA~€TY 0!{55 Circular A-133, as revised, and stakus checks of subgrant activity via telephone calls from Safety Office staff to subgrantees. By entering into this agreement, the subgrantee and its implementing agency agree to comply and cooperate with monitoring procedures. In the event that a limited scope audit of the subgrantee or its implementing agency is performed, the subgrantee agrees to bring the project into compliance with the subgrant agreement. The subgrantee further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Chief Financial Officer or Auditor General. The Department shalt unilaterally cancel this subgrant if the subgrantee or its implementing agency refuses to allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, F.S., and made or received by the subgrantee or its implementing agency In conjunction with the subgrant. '14. audit. The administration of resources awarded by the Department to the subgrantee may be subject to audits and/or monitoring by the Department, as described in this section. For further guidance, see the Executive Office of the Governor website, which can be found at: www.fsaa.state.fl.us. Recipients of federal funds (i.e. state, or local government, or nor-profit organizations as defined ire OMB Circular A-133, as revised} are to have audits done annually using the following criteria: In the event that the subgrantee expends $500,000 or more in Federal awards in its fiscal year, the subgrantee must have a single or program-specifio audit conducted in accordanoo with the provisions of OMB Circular A-133, as revised. Page 1 of this agreement indicates the souroe of Federal funds awarded through the Florida Cepartment of Transportation by this agreement. In determining the Federal awards expended in its fiscal year, the subgrantee shall consider ail sources of Federal awards, including Federal funds received from the Department of Transportation. The determination of amounts of Federal awards expended should be in aocordance with the guidelines established by OMB Circular A-133, as revised, An audit of the subgrantee conducted by the Auditar General in accordance with the provisions OMB Circular A- 133, as revised, will meek the requirements of this part, In connection with the audit requirements addressed above, the subgrantee shall fulfilP~ the requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A-133, as revised. If the subgrantee 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 khe event that the subgrantee expends less than $500,000 in Federal awards in its fisoal year and elects to have an audit conduoted in accordance with the provisions of OMB Circular A-133, as revised, the cost of the audit must be paid from non-Federal funds. Copies of audit reports for audits conducted in accordance with OMB Circular A-133, as revised, and required by this agreement shall be submitted, when required by Section .320 (d), OMB Circular A-133, as revised, by or on behalf of the subgrantee directly to each of the following: (a) Florida Department of Transportation 605 Suwannee Street, MS-17 Tallahassee, FL 32399-0450 (b) Federal Audit Clearinghouse Bureau of the Census 1201 East 10 Street Jeffersonville, IN x7132 {c) Other Federal agencies and pass-through entities in accordance wits Sections .320 (e) and (f), OMB Circular A- 133, as revised. In the event that a copy of the reporting package for an audit required by this agreement and conducted in accordance with OMB Circular A-133, as revised, is not required to be submitted to the Department for reasons pursuant to Section .320(e)(2}, OMB Circular A-133, as revised, the subgrantee shall submit the required written notifioation pursuant to Section .320(e){2) and a copy of the subgrantee's audited sohedule of expenditures of Federal awards directly to each of the following: t~ ~i~ i ;.ea.oas. x..a c ~-os~-o~ SP.~E7v 091p6 Flarida Department of Trenspartation 605 Suwannee Street, MS-17 Tallahassee, FI. 32399-0450 In addition, pursuant to Sectirtn .320(f}, OMB Circular A-133, as revised, the subgrantee shall submit a copy of the reporting package described in Section .320(c), OMB Circular A-133, as revised, and any management letters issued to the auditor, to the Department at each of the following addresses: Florida Department of Transportation 605 Suwannee Street, MS-17 Ta-lahassee, Ft. 32399-0450 15, Retention of Records. The subgrantee shall retain sufficient records demonstrating its compliance with the terms of this agreement far a period of five years Pram the date the audit report is issued, and shall allow the Department, or its designee, the state CFO, ar Auditor General access ko suoh records upon request. The subgrantee shall ensure that the independent audit working papers are made available to the Department„ or its designee, the state CFO, or Auditor General upon request far a period of at least five years from the date the audit report is issued, unless extended in writing by the Department. Records related to unresolved audit findings, appeals, ar' litigation shall be retained until the action is completed ar the dispute is resolved. Records shall also be maintained and accessible in accordance with 49 CFR, Section 18.42 or 49 CFR, Section 19.53. 1 FS. Procedures for Reirnbursement= All requests for reimbursement of subgrant costs must be submitted on farms provided by the Department (FOOT Form Numbers 500-065-04 through 09}. Appropriate documentation supportive of the reported casts must accompany each claim. The subgrantee ar its implementing agency shall submit financial reimbursement forms to the Safety Office at least ante each quarter as costs are incurred and payment is made. The only exception is when no costs are incurred during a quarter. Reimbursement for subgrants with personnel costs shall be made after every two pay periods if paid bi-weekly. Personnel casts reimbursement shall be requested mor7thly if payroll is on a monthly basis. Failure to submit reimbursement requests in a timely manner shall result in the subgrant being terminated. All requests for reimbursement of Operating Capital Outlay items having a unit cost of $5,000 or more and a useful life of one year or more shall be accompanied by a Non-xpendatale Property Accountat~il€ty Record (FOOT Form No. 506- 065-09). Payment of the Operating Capital Outlay casts shall not be made before receipt of this form. All requests for reimbursement shall be signed by an Authorized Representative of the Subgrantee or the Administrator of the Implementing Agency, or their delegate. A final financial request far reimbursement shall be postmarked no later than October 31 following the end of the subgrant periad. Suah request shall be distinctly identified as Final. Failure to submit the invoice in a timely manner shall result in denial of payment. The subgrantee agrees to forfeit reimbursement of any amount incurred if the final request is not postmarked by October 31 following the end of the subgrant periad The Safety Office has a 36-day review process of financial reimbursement requests from the date of receipt. Reimbursement requests will be returned if not completed properly. 17. ownership of Data and Creative Material. The ownership of material, discoveries, inventions and results developed, produced, ar discovered by the agreement are governed by the terms of 49 CFR, Section 18.34, 49 CFR, Section 19.36, ar OMB Circular A-110, hereby incorporated by reference. In addition to the provisions for 49 CFR, Part 18 and 49 CFR, Part 19, the State Safety Office reserves aroyalty-free, nonexclusive, and irrevocable license to reproduce, publish or otherwise use, and to authorize others to use: i~ ~,I~ ~d-98 tx75, F AC 5o9-0sa 91 SAFraTY p9;C~8 (a} The copyright in any work developed under a subgrant or contract under a subgrant; and (b} Any rights of copyright to which a subgrantee or a contractor purchases ownership with subgrant support. '18. Property Accountability. The subgrantee or its implementing agency shall establish and administer a system to control, protect, preserve, use, and maintain and dispose of any property furnished by the Department, ar purchased pursuant to this agreement in accordance with Federal Property Management Standards as set forth in 49 CFR, Section '18.32, 49 CFR 19, Section 19.34, or OMB Circular A-110, incorporated herein by reference. This obligation continues as long as the property is retained by the subgrantee or its implementing agency, notwithstanding the expiration of this agreement 19. Disputes. Any dispute, disagreement, or question of fact arising under the agreement shall be decided by the State Safety Office in writing and shall be distributed to parties concerned. A written appeal may be made within 30 calendar days to the Governar"s Highway Safety Representative at the Florida Department of Transportation, 605 Suwannee Street, MS 57, Tallahassee, Florida 32399-0450, whale decision is final. The subgrantee and its implementing agency shall proceed diligently with the performance of the agreement and in accordance with Department's decision. 20. Conferences, Inspection of Work, Conferences may be held at the request of any party to this agreement. Representatives of the Department ar the U.S. Department of Transportation (1JSDOT), or Moth, shall be privileged to visit the site for the purpose of inspection and assessment of work being performed at any time. 21. Publication and Prinking of t~bservatlonal Surveys send Qther Reports. (a) Before publication or printing, the final draft of any report or reports required ur7de€` the agreement or pertaining to the agreement shall be submitted to the State Safety office far reviedv and concurrence. (b) Each publication or other printed report covered by Paragraph 21.a. above shall include the following statement on the cover page: (1} This report was prepared for the State Safety Office, Department of Transportation, State of Florida, in cooperation with the National Highway Traffic Safety Administration, U.S, Department of Transportation and~'or Federal Highway Administration, U.S. Department of Transportation. (2) The conclusions and opinions expressed in these reports are those of the subgrantee and do not necessarily represent those of the State of Florida, Department of Transportation, State Safety Office, the U.S. Department of Transportation, or any other agency of the State or Federal Government. 22. Equal Employment Qppartunity. No person shall, on the grounds of race, solar, religion, sex, handicap, or national origin, be excluded from participation in, be refused the benefits of, ar be otherwise subjected to discrimination under this subgrant, or any projeot, program, or activity that receives or benefits from this subgrant award. The subgrantee and its implementing agency agree to comply with Executive Order (E.O.} 11246, as amended by E.O. 11375, and as supplemented by 41 CFR, Part 60, incorporated herein by reference. 23. Responsibility for Claims and Liability. Subjeot to the limitations of Section 768.28, Florida Statutes, the subgrantee and its implementing agency shall be required to defend, hold harmless and indemnify the Department, NI-ITSA, FHWA, and tJSDOT, from ail claims and liability, or both, due to negligence, recklessness, or intentional wrongful misconduct of subgrantee, implementing agency, and its contractor, consultant, agents and employees. The subgrantee and its implementing agenoy shall be liable for any ions of, or damage to, any material purchased or developed under this subgrant agreement whioh is caused by the aubgrantee's or its implementing agency's failure to exercise such care in regard to said material as a reasonable careful owner of similar materials would exercise, The parties executing this agreement specifically agree that no prevision in this agreement is intended to create in the public or any member thereof, a third party beneficiary, or to authorize anyone not a party to this agreement to maintain a suit for personal injuries or property damage pursuant to the terms or provisions of this agreement. 24. Disadvantaged Business Enterprises (DBE). (a) The subgrantee and its implementing agenoy agree to the fallowing assurance; 16 Rule 13-`38. WS, F A.C. FUD-C~~01 Sr1FE7"Y CRt68 The subgrantee and its implementing agency shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of any USDOT-assisted contract or in the administration of its DBE program required by 49 CFR, Part 26, incorporated herein by reference. The subgrantee shall take all necessary and reasonable steps under 49 CFR, Part 26 to ensure nondiscrimination in the award and administration of USDOT~ assisted contracts. Implementation of this program is a legal obligation and failure to carry out its terms shall be treated as a violation of this agreement. Upon notification to the subgrantee of its failure to carry out its approved program, the USpOT may impose sanctions as provided for under Part 26 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001 andCor the Program Fraud Civil Remedies Act of 1986 (31 U.S.C. 3801 et seq.), herein incorporated by reference. {b} The subgrantee and its implementing agency agree to inoiude the following assurance in each contrac# with a consultant or contractor and to require the consultant or contractor to include this assurance in all subcontract agreements' The consultant or contractor and subconsultant or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contraot. The consultant or contractor shall carry out applicable requirements of 49 CFR, Part 26 in the award and administration of USDOT-assisted contracts. Failure by the consultant or contractor to carry out these requirements is a material broach of this contract, which may result in the termination of this contractor suoh other remedy, as the subgrantee, its implementing agency, or the Department deems appropriate. 25. Restrictions on Lobbying. The subgrantee and its implementing agenoy agree to comply and require consultants and contractors to comply with 49 CFR, Part 20, New Restrictions an lobbying, herein incorporated by reference, for filing of certification and disclosure forms. No funds granted hereunder shall be used for the purpose of lobbying the legislature, the judicial t~ranch, ar state agencies. Section X16.347, Florida Statutes. 26. Mow Agreement is Affected by Provisions Being Held invalid. If any provision of this agreement is held invalid, the remainder of this agreement shell not be affected. In such an instance the remainder would then continue to conform to the terms and requirements of applicable (aw~ 7. Federal Requirement for Public lsrvice Announcemen#s, Ali public service announcements produced with Federal Highway Safety funds shall be closed captioned for the hearing impaired. 2$. Public Awareness Materials and Promational Items, All parblic awareness materials and promotional items reimbursed with subgrant funds shall contain a traffic safety message. Where feasible, either the Florida Department of Transportation logo or the words "`Funding provided by the Florida Departr~nent of Transportation." shall appear on all items. The name of the subgrantee or implementing agency and its Togo can appear on printed materials and promotional items. The names of individuals connected with the subgrantee shall not appear on printed materials and promotional items paid for with Federal highway safety funds. Before printing public awareness materials or orcering promotional items, a final draft or drawing of the items shall be submitted to the State Safety Office for review. The Office shall provide written approval for reimbursement if the items are appropriate for purchase under this agreement. Copies of ail public awareness materials purchased with Federal highway safety funds shall be attached to tt7e forms requesting reimt~ursemeni for the items, 29. Term of Agreement. Each subgrant shall begin on the date of the last party to sign the agreement and shall end on September 30, following, unless otherwise stipulated by the State Safety Office on the first page of the respective agreement. The subgrant period shall not exceed 12 menthe. 3t7. Clean Air Act and Federal Water Pollution Control Act, For subgrant awards in excess of $100,Of10 the subgrantee and its implementing agency agree to comply with all applicable standards, orders, or regulations issued pursuant to the Clean Air Act (42 U.S.G. 7401 et seq.) and the Federal Water Pollution Control Act (33 U.S.C, 121 et I7 ~~e ia-,s~ cis, t l+ r° yoo-c,~:.oi SAFETY O~IC7B seq.), herein incorporated by reference. The subgrantee sha[l include this provision in aH subcontract awards in excess of $100,tt(3Q. 31. Personnel Hired Under Agreement, The hoed of any implementing agency receiving first year funding far a new position(s) khraugh a subgrant shall provide written notification within 3Q days of the agreement being awarded to the State Safety Office that a new positions} has been created in the agency as a result of the subgrant being awarded. any and all employees of khe subgrantee or implementing agency whose positions are funded, in whale or in part through a subgrant, shelf be the employee of the subgrantee or implementing agency only, and any and all claims that may arise from said employment relationship shall be the sole obligation and responsibility of the subgrantee or its implementing agency, Personnel hired under the grant shall not hold the position of Project Director. The State Safety Office reserves the right to require activity reports to demonstrate that personnel hired under the agreement or equipment purchased with grant funds meet the requirements as specified by the subgrant. 3~. Repassesslon of Equipment. Ownership of all equipment purchased with Federal highway safety funds rests with the subgrantee and its implementing agency; however, the USDOT maintains an interest in the equipment for three fiscal years following the end of the subgrant period. Any equipment purchased with Federal highway safety funds that is not being used by the subgrantee or its implementing agency for the purposes described in the subgrant shall be repossessed by the State Safety Office, on behalf of the USDOT. Items that are repossessed shall be disbursed to agencies that agree to use the equipment for the activity described fn this subgrant. ~~. Replacement or Repair of qulpment. The subgrantee and its implementing agency are responsible, at their own cost, for replacing or repairing any equipment purchased with Federal highway safety funds that is damaged, stolen, or lost, or that wears out as a resuit of misuse. 34, Inellgibillty for Future Funding. The subgrantee and its implementing agency agree that the Department shall find khe subgrantee or its implementing agency ineligible for future funding for any of the following reasons: (a} Failure to provide the required audits, (b) Failure to continue funding positions created with highway safety funds after the Federal funding cycle ends, (c) Failure to provide required quarterly and final reports in the required time frame,. (d) Failure ko perform wont described in Part II of the subgrant agreement, (e) Providing fraudulent quarterly reports or refmbursemer~t requests, (f) Misuse of equipment purchased with Federal highway safety funds, 35. Safety Belt Policy. Each subgrantee and implementing agency shall have a written safety befit policy, which is enforced for all employees. A copy of the policy shall be submitted with the subgrant application. 36. Safety Belt Enforcement. AIC law enforcement agencies receiving subgrant funds shall have a standard operating procedure regarding enforcement of safety belt and child safety seat violations. A copy of the procedure shall be attached to the subgrant application, Law enforcement agencies receiving subgrant funds shall participate in the safety belt enforcement waves conducted in Florida and shall report their participation on the appropriate form by the deadline. Failure_ to participate shall resuit !n the subgrant being terminated. 37. Certification for Equipment Costing More than $1,t)pig per Item, The head of any implementing agency purchasing equipment costing more than ~it,OQO per item shah send a letter to th+e Safety Office upon award of the subgrant certifying that. none of the items being purchased with federal highway safety funds is replacing previously purchased equipment that is damaged, stolen, or lost, or that wears out as a result of misuse, whether the equipment was purchased with federal, state, or local funds. 1~ Rule I-t-98175, F;~C'. SAFETY 633t~8 ~8. Checkpoint Reporting.. Any law enforcement agency that conducts DtJi checkpoints shall attach a copy of the After Ac#'ron Report for each checkpoint operation conducted during a quarter to its Quarterly Progress Report of P'erfor~ance Indica#ars. 39. Child Safety Seats. Any implementing agency that receives funds to purchase child safety seats must have a# least one staff member who is a current Certified Child Passenger Safety Technician. Failure to comply with this provision shall result in the termination of this agreement. 40. Special Conditions. ly ftu9e 13-4H fri7i, f AC 500-Q65.Ot SAFE T"Y 09/OH PR®JCT NUMBBi2. SC-10-'i3-07' - _ - __ _---- - ~.~..._m__.__ IN WITNESS WHEREOF, the parties affirm that they have each read and agree to the conditions set for#h in Part V of this Agreement, that each have read and understand the Agreement in its entirety. Now, therefore, in consideration of the mutual covenants, promises and representations herein have executed this Agreement by their undersigned officials on the day, month, and year set ouk below. ~Uf~~RAtdT~E (For fl4T Use only) STATE t]F F1.C)Fti>~A City of Delray Beach DEPARTMENT OF TRAfYSF'ORTAT'I(7N ~~ Name of Applicant 7"yped A 1p -_- By: Signature of Authorized Representative C7avid T. Harden ---- ~~-v Title: A~atharized Representative's Name Typed Title: City Manager .___- Date: Date: f 0123/2009 Attest: __ .~__ --~ ~7,.~.,~,~ - ~-,~~:,~~ Attest: . _ FEDERAL FkJND~ ALt_QCATED ~ ~ ~ Signature of Witness ~ ~. i ADMINISTRATOR t7F LEMENTINC~ AGENCY t '~ Reviewed for the Department of Transportation: y: By, ,~ Signature ol`Administratar Atforney - QO7` ~~~_, ...,wy Anthony W. Strianese Date: ' I '~ Adtninistrator''s Narrre hyped Title: Chief of Police, City of Delray Beach ~- NOTE: Na whiteau# ar erasures accepted an this signature page....... 20 MEMORANDUM TO: Mayor and City Commissioners FROM: R. Brian Shutt, City Attorney DATE: October 29, 2009 SUBJECT: AGENDA ITEM 8.G. -REGULAR COMMISSION MEETING OF NOVEMBER 3, 2009 RESOLUTION 58-09 ITEM BEFORE COMMISSION Resolution 58-09. BACKGROUND The attached resolution amends Resolution 55-09 by renaming the Budget Review Committee to the Financial Review Board and to provide that the board's duties shall also encompass an analysis of the revenues and expenses and business practices and processes of the City. RECOMMENDATION Commission approval of Resolution 58-09. RESOLUTION NO. 58-09 A RESOLUTION OF THE CITY COM1Vi<SSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING RESOLUTION 55-09 WHICH CREATED THE BUDGET REVIEW COM1Vi<TTEE IN ORDER TO CHANGE THE NAME TO THE FINANCIAL REVIEW BOARD AND TO EXPAND THE RESPONSIBILITY OF THE BOARD; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Delray Beach, Florida, desires to realame the Budget Review Committee to the Financial Review Board in order to be more in line with the responsibilities and functions of the board; and WHEREAS, the City Commission desires to expand the responsibilities of the Financial ReviewSoard to not only include the review of the City`s budget, systems and procedures, technology improvements, or related materials and concepts and make recommendations regarding revenues, salaries and benefits, operating expei~ses, 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, but shall also include analysis of revenues and expei~ses and business practices and processes. NOW, THEREFORE, SE IT RESOLVED SY THE CITY COM1Vi<SSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the Budget Review Committee shall hereinafter be renamed to the Financial Review Board Section 2. That the Financial Review Board 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 as well as analysis of revenues and expenses and business practices and processes. PASSED AND ADOPTED in regular session on the day of , 2009. MAYO R Attest: City Clerk MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: October 23, 2009 SUBJECT: AGENDA ITEM 8.H. -REGULAR COMMISSION MEETING OF NOVEMBER 3, 2009 RATIFICATION OF THE SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ACTIONS ITEM BEFORE COMMISSION This is before the City Commission to ratify the action taken by the South Central Regional Wastewater Treatment and Disposal (SCRWTD) Board at their Quarter-Annual Meeting on October 15, 2009. BACKGROUND By a vote of 7 to 0, the SCRWTD Board approved the Amended and Restated Interlocal Agreement for the Delivery and Use of Reclaimed Irrigation Water between the City and the SCRWTD Board. REVIEW BY OTHERS Recommend ratification of the action approved by the SCRWTD Board on October 15, 2009. RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ACTION OF OCTOBER 15, 2009 WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board did on OCTOBER 15, 2Q09 by a vote of 77_0, Approved the Amended and Restated Interlocal Agreement for the Delivery and Use of Reclaimed Irrigation Wafer between the City of Delray Beach and the South Cenfra/ Regional Wastewater Treatment and Disposa! Board. WHEREAS, said Board action requires ratification by the Gity of Delray Beach. NOW, THEREFORE, the Gity of Delray Beach hereby ratifies said Board action independently. The above action is hereby ratified in open session by the City of Delray Beach this day of , by a vote. CITY OF DELRAY BEACH By: MayorlCity Manager Attest: City Clerk Approved as to form: City Attorney F:ldocslBQARD MEETINGSIRATtFICATtONS12009-20101L)etrayBeachRatif 1Q-95-20Q9.doc Smith, Douglas From: Hasko, Richard Sent: Friday, October 30, 2009 2:48 PM To: Smith, Douglas Subject: FW: Interlocal Agreements Reclaim Re: South Central Board Ratifications Richard C. Hasko, P.E. Environmental Services Director voice: (561) 243-7336 FAX: (561) 243-7060 email: hasko(~ci.delrav-beach.fl.us -----Original I~lessage----- From: Dennis Coates [mailto:dcoates~scrwwtp.org] Sent: Friday, October 30, 2009 2:44 PM To: Hasko, Richard Subject: Interlocal Agreements Reclaim Mr. Hasko, As you know on October 15th the Board approved both amended and restated reclaim water agreements for the City of Delray Beach and the City of Boynton Beach. The major changes related to the agreements were the increased water capacity for Boynton Beach; and the right for Delray Beach to use the Board's ocean outfall pipe as a means of conveying reclaim water to your new booster pump station. I indicated to the Board at that meeting that I would begin the process of attempting to re- negotiate our current reclaim water agreements with our five original golf course customers in Boynton Beach. The purpose of the re-negotiations was to reduce their current reclaim water allocation to reflect their historical usage. Any reduction in reclaim water allocation would then become available to each city at 50%. I believe these contracts at some point, either during their current term or after their twenty year contractual life, have to be adjusted to allow for the maximum utilization of reclaim water required by the recent outfall legislation. I am planning to start this re-negotiating process in the upcoming months. If you need any additional information please feel free to contact me. Regards, Dennis L. Coates Executive Director South Central Regional Wastewater Treatment and Disposal Board 1801 North Congress Avenue Delray Beach, FL 33445 561/272-7061 1 MEMORANDUM TO: Mayor and City Commissioners FROM: Robert A. Barcinski, Assistant City Manager THROUGH: David T. Harden, City Manager DATE: October 27, 2009 SUBJECT: AGENDA ITEM 8.I. -REGULAR COMMISSION MEETING OF NOVEMBER 3, 2009 SPECIAL EVENT REQUEST/HOLIDAY PAGEANT PARADE ITEM BEFORE COMMISSION City Commission is requested to endorse the Delray Beach Holiday Pageant Parade co-sponsored by Parks and Recreation Department and Chamber of Commerce to be held on December 12, 2009 beginning at approximately 4:00 p.m. to 6:00 p.m., to grant a temporary use permit per LDR's Section 2.4.6(F) for the closure and use of Atlantic Avenue from Gleason Street and Andrews Avenue to NW 1St Avenue for the parade route and Miramar, Lowery, Gleason and Andrews for parade set up from approximately 2:00 p.m. to 4:00 p.m. Commission is also requested to provide staff support for traffic control, security, EMS assistance, barricading, trash removal, clean up, event signage and processing of the FDOT street closure permit. BACKGROUND Attached is a permit received from Danielle Beardsley requesting approval of this event with a copy of the event site plan and budget. The parade will end on NW 1St Avenue in front of City Hall again this year. Since the event is co-sponsored by the Parks and Recreation Department, there will be no charge per City policy for City costs and a Hold Harmless Agreement or Certificate of Insurance is not required. The estimated costs for the event which include overtime, barricade rental, signage and trash boxes are approximately $9,900. RECOMMENDATION Staff recommends approval of the event, the temporary use permit and staff support as requested with no charges for staff overtime or barricade rental. 4 _: - Eve~~t Name/Title: City of Delray Beach DELRAY BEAC H Special Event Permit ~•tcac Application ~ ~ a PLEASE TYPE OR PRINT ~~~~ Zaa~ Event Date{s):~L-_r~ Event SponsorlProducer: ~[.tll~.~ ~ i~L~ ~C]p.~' rA,( _~ Event ContaetlCoordiuator: ~,1'1j•F~1Q ~, ~~ . ~..Q fC4 ~ ti~'n ~~, Name: Address: Telephone Nuin E-mail Address: Event DescriptioniPurpose: t~~_~~D~~~,1 ~[L~Q .iC~LU.}aD ~ ___ Brief History of Event {If applicable): l~t`1 ~,,~ .~~'~' UQ.GN Planned Activities (Outline of activities/number of activities, i.e. entertainment, children's rides, games, other programs): ~ .ln~ (t 11 Number of Individuals Served Previous Year (if applicable}: /~~®~,n .~' Describe the targeted population and expected attendance: {pD,atn~~r~ the program or pt•oject addresses community needs: G ~].t~~1 l~l I_ C.7 Describe your Marketing/Promotions Program (Ho~v will you tnarketlpromote, i.e. TV, radio, posters, flyers, web sitas, otliet•}:j, /l~~,Q. ~ 1~1Ehri Sponsor Category (please check} City E~NoEi-Profit/Chat•itable ^ Private ^ Co-Sponsor -Non-Profit/Private ^ (If No-r ~rofrt attach proof of SOl c(3), c(9), c(b), C(10), or c(19) or (rl) Event Location (Describe area boundaries of eventllocation}; Site plan attached: yes~~ no (Site plan regtrirer! for entire event site. Include locations of tams, stage, portalets, dumpsters, portable lighting, anct barricade locatioEl if applicable.) Rental of Old School Square: yes no X (If yes, attach proof of approval) Private Property Use: yes no~~ (If yes, attach letter giving authorization from property otivtlet•) Event budget attached: yes_~ no (Required for aCl evesrts) Previous year RevenuelExpense sumrnary 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 fot• the event: yes_ ~ no {Indicated on budget} C'ai]ocuments and settingslLisill]esktoplSpecial Event Permit Application Pf\TAL 9.G.07.doc Serving or selling alcoholic beverages: yes no~ (If}yes, cop3~ of Ircense and alcohd IiaGilrty rrrsrrr•crrrce regrrired tsvo (2) sveelrs prio-• to eVeft t) Event certificate of insurance attached: yes no~~, ~ ~~ ~ ~~~~ (Reyrrired two (2) weeks prior to event -rcr-rri-tg tfte City as adclitiorral insr-red, rdsa rerirrired for vendors) Playing of amplified music: yes~_ no (YVaiver rer~rrired) ~?C~ ({' Will there be entertainmej~t: yes U nom (If yes, attached list of Performers anchor DJ's) if yes, sponsor agrees all entertainment will be family oriented and contain no obscenities: yes no ~/.4 Requesting Police assistance: yes•_._.._..~~ na {traffic control/security} Will supplement with private security: yes no (If yes, -ieed plan attached) Requesting Emergency Medical assistance: yes~_ no Requesting barricade assistance: yes C no (lf na, how are you Dandling?} Requesting trash retnova!/clean up assistance: yes J~ no (Will be billed to sponsor} Requesting trash bosesicontainers and liners: yes_ c~ no Requesting stage use: yes no~.~ (If yes, check type) Large stage (14' x 3G'} ^ Small stage (16' x 21') ^ Half small stage {$' x 21') ^ Requesting signage: yes Type: ~l'x~l'>Vvent sign ~ Parking Signs Banner hanging L>ldicate dates required (W{river r•egrrrred if more than a-re (1) weelr prior to event) Requesting City Portable Generator: yes no_~_ {If yes, size & power} Food and beverage vendors: es~ no_ If yes, approximate number ~~,Q, 1~® tr-°TTTT~,~ {Health Department approval required) yes no uo (`1Rocuments and SettingslLisilDesktoplspecial Gvent Permit Application 1:1NAL 9.b.07.doc Other vendors: (Indicate type) no Tents: yes ~~o~- If yes, HorN rftllfJ,I~ Wlrrrt size or• size r'erlllij'ed (Ifyes, teat per'nrits cr,:rd frre inspections nary be needed) Will the event include amusement rides: yes no~~ (If yes, type acrd location arrd copy of liability irtsrrr•rrrrce required, also r'egrrires state /icei'rse aml i~rspectiort.) Will the event be gated: (Shaw on-site ~rrap) yes no Will there be a charge for the event: yes no~ (If yes, indicate ticket prices) Will there be fireworks or other pyrotecl'inies: yes no~ (If yes, contact Fire Marshal to ol~taitr and contplefe per'nrit applrcafiorl) Will there be cooking with compressed gas: yes no~ (If yes, contact Fire Marshal for irtspectia-rs) Will you be providing port-a-lets for the event: yes t><o^~~ (If yes, locate on-site rnrrp. If no, indicate how you will handle restroorrr needs) Is reserved parking requested; yes no^~ (If yes, indicate Iocatiorrs and purpose for use) Event Permit Attachmel~ts: Revenue/Expense Budget Revei><>vle/Expense Recap Last Years Event Site Plan Letter Requesting Noise Ordinance Waiver Letter Requesting Waiver Consumption Alcohol Beverages PI'oof of Non-Profit StatLES General Liability Insurance Certificate Alcohol Beverage Liability Certificate Proof of Rental Agreement or Authorization Letter fi•otn Private Property Owner 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 • Neigl><bori~ood Block Parry 30 days prior to event C li3ocuments and SettingslLisilDesktoplSpecial P:vent Permit Application 1~1NAL 9.6.Q7.doe ~[J ~rV Evett# Contractor/Coot•di far Date Please print: r ~ ~~ Please ettclase the appropriate non-refitndable applicatio~t fee payable to the City of Delray Beach, 100 N.W. lst Avenue, Delray Beach, Florida 33a4~. Requited with permit applicatio~t. For Staff Use Orly Date Received Application fee received ~~~ c~ ~ C:1Documents and SettingslLisilDesktoplSpecial Event Permit Application FINAL 9,b.07.doc ^ ~ i_i Federal Higl~~vay North u Division B Miramar N N v~ '~'' N N w N lJ N .-. O .,.,, .--~ ~p ~~ ~~ ~~ ~, .~ ~,~ N ,~ ~~ o~ ~~ rn~ ~P W ;J ~, Intracoastal Waterway Venetian Drive 25 23 21 19 17 I5 13 I1 9753 1 242220 18 16 14 12 10 8 642 Division A Gleason Street Start of Parade Seabreeze Avenue N .~. c*1 N N ~ ~--~ N N o ~ N ,--` 00 ~~ ~~ ~~ ~. ~N ~~ ~o ~~ ~~ ~, ~ M d' r-+ N Division D Lowry 1 3 57911 13 15 17 1921 2325 24681012141618202224 Division C Andrews Ave. I GREATER DELRAY BEACH Chani6er of Cotnmercc HOLIDAY PARADE 2009 Estimated IncomelExpense 2009 Estimated Income: 2009 Estimated Expense: City of Defray $0 Bands (payments to schools) - $1,500 Band Sponsors $2,000 Signs & banners $ 200 Vendor income 200 Trophies $ '125 Banner Carriers (a local school) $ 250 Tota[ $2,200 Bob's Barricades $ 0 Misc Total $2,075 Estimated income over [=xpense - $125 ~ Greater Delray Beach Chamber of Commerce ~ 64 SE 5th Aye. ~ Delray Beach FL 33483 ~ (5S9) 278-©424 FAX 278-4555 bwoodCc~defraybeach.com ~ www.delraybeach.com Delray Beach Chamber, Chamber Charities bowntown Marfceting Cooperative Statement of Revenues and Expenditures E=rom 1/1/2008 Through 12/31/2008 Holiday Pageant Parade Current Period Actual Income Donations Received 4501 DBCC not needed 000 300.00 Event Sponsor Rev 4601 DBCC not needed 000 2,100.00 Total Income 2,400.00 Expenses Office Supplies 5231 DBCC not needed 000 f7.47 Contract Services 6110 E)BCC not needed 000 2,391.65 Total Expenses 2,409.12 Excess of Income over~Expeditures 9.12} Date: Page: MEMORANDUM TO: Mayor and City Commissioners FROM: Jasmin Allen, Planner Paul Dorling, AICP, Director of Planning and Zoning THROUGH: City Manager DATE: October 29, 2009 SUBJECT: AGENDA ITEM 8.,T. -REGULAR COMMISSION MEETING OF NOVEMBER 3, 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 October 19, 2009 through October 30, 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 Meeting of October 19, 2009 A. Postponed at the request of the applicant (6 to 0, Cary Glickstein absent), the Master Development Plan extension request for Alta Congress, a proposed multi-family residential development comprising of 451 apartment units, located on the west side of Congress Avenue, 1,620 feet south of West Atlantic Avenue. No appealable items were considered by the Planning and Zoning Board. The following item which was considered by the Board will be forwarded to the City Commission for action. B. Recommended approval (6 to 0), of a privately initiated rezoning from AC (Automotive Commercial) to GC (General Commercial) fora 1.73 acre parcel of land located at 1900 North Federal Highway, formerly known as Motorsport of Delray. Site Plan Review and Appearance Board Meeting of October 28, 2009 1. Approved with conditions (6 to 0, Jerome Sanzone absent), a request for a color change for the Arbors Office Park, an existing office building located at the southwest corner of Congress Avenue and Old Germantown Road (1690 South Congress Avenue). 2. Approved (6 to 0), a request for a color change for Happy Buffet, an existing commercial establishment located on the east side of South Federal Highway, south of Avenue "H" (2885 South Federal Highway). 3. Approved with conditions (6 to 0), a Class I site plan modification associated with the removal of an existing door and addition of a double door and windows for Leogane Market, an existing commercial building located at the northwest corner of West Atlantic Avenue and NW 6th Avenue (601 West Atlantic Avenue). 4. Tabled with direction (6 to 0), the architectural elevation plan associated with a Class III site plan modification for Cut 432 Steakhouse, located on the south side of East Atlantic Avenue, west of SE 5th Avenue (430 & 432 East Atlantic Avenue). The Class III site plan modification to allow the conversion of retail to restaurant floor area was previously approved. The Board requested that the applicant resubmit revised plans that accurately reflect site conditions. 5. Approved with conditions (6 to 0), a Class III site plan modification associated with the conversion of three classrooms to accommodate a child day care center at the Daughter of Zion Junior Academy, an existing private school located on the west side of NW 3rd Avenue, north of Martin Luther King Jr. Drive (250 NW 3rd Avenue). Historic Preservation Board Meeting of October 21. 2009 No appealable items were considered by the Historic Preservation Board. The Board held discussions pertaining to revisions to the Delray Beach Historic Preservation Design Guidelines, Section IV (Prevalent Styles of Architecture), Section V (Design Principles and Recommended Rehabilitation Treatments), and Section VI (New Construction) of the current (2003) guidebook. RECOMMENDATION By motion, receive and file this report. Attachment: Location Map I ~~?~~~~~'~ ~~} ~.~ tip ~~~ ''~ ~~ ~ ~ C..At~t~t A~ ~t~ltml ~',`~~~ ', f~~T(~ ~~~ ~_,_~_ ~~PA~TEr~T' ~~~~~ ~. ~~~F~~f~~ ~~~=1~~ F'~~~~'l~ ~~, L~~~lti1~ ~.I#~f ~~7~ 5, C~~tJ~~f7~~P~ ~~ ~lfll ~1~, ~§~;~`~~~~f~ -- D/GITAL BASE MAP SYSTEM -- MAP REF: S:\Planning & Zoning\DBMS\File-Cab\CC-DOC\1 1 -03-09 MEMORANDUM TO: Mayor and City Commissioners FROM: Joseph Safford, Finance Director Patsy Nadal, Purchasing Manager THROUGH: David Harden, City Manager DATE: October 27, 2009 SUBJECT: AGENDA ITEM 8.K.1 -REGULAR COMMISSION MEETING OF NOVEMBER 3, 2009 CONTRACT AWARD/VENDING AMERICAS ITEM BEFORE COMMISSION City Commission is requested to approve the contract award for the Snack Vending Services to Vending Americas per RFP No. 2010-01. BACKGROUND This proposal is for placement of snack vending machines at locations designated by the City on City owned or leased property. A Request for Proposals for Snack Vending Services was advertised on July 19, 2009. One (1) response was received on the due date of August 19, 2009 from Vending Americas. The City's current snack vendor DiLoreto & Sons, Inc. was purchased by Vending Americas, a subsidiary of Pepsi. Many of the snack vending service businesses have closed shop or combined with other companies and do not/will not offer snack vending without beverage vending services. The City's soft drink contract with Florida Coca-Cola Bottling Company is active at this time and will expire on September 04, 2010 with the option to renew for one (1) three (3) year period. Currently the City receives 12% commission on snack vending sales. The new RFP offers 10% of snack vending sales; the percentage is lowered due to the drop in sales. RECOMMENDATION As a result of this analysis, evaluation of proposal received, and vendor's current performance, staff is recommending award to Vending Americas at 10% Commission revenue to the City with guaranteed pricing for the first year of contract. Snack pricing _ Nom. and commissi®n. Tier 1 Price Commission LSS Chips (Large Single Servej 1.00 10% Crackers .75 Candy 1.00 LSS Candy 1.00 Pastry 1.00 Health 1.00 ~ ,~~~- Gum/Mints .75 ~ ~~. !' ~ ~ -- .~ ~~ - ~~ ~~ 5 Commissions are paid out by the 15~" of every month. ~~;=w ~~ Vending Americas guarantees pricing for 1 St year of contract. Prices will then be reviewed annually and are subject to change upon the mutual consent of Vending Americas and The City of Delray. ~. _~~~~~uJ rG pin»U ~~~ v~~ , n~,,:~~ ~qul~p~ent ~t that Snack machines that d© not meet minimum sales averaging $35 per week will need to be relocated to a higher traffic area or removed. is over 5 year of age. CITY 01= CEIIFtAY BEACH RAP #za~a-o~ SllTAC~ "~ENDTN~ N1A+CH~NES NAME OF NET 5EI_LING PROi~UCT TYPE ** IVIANUFACTURER WEIGHT PRIGS PER UNIT ,~ .. 2. ~~~ 6 t ~ ° ~Q ~~ - s ~ ~ 1a ~~ ,1 _, r ~ CT c r /~ D G 4 /~ 6G. ~--~ ~ .~~ ~eP t`rv. zat a-ot 22 CfTY OI< QELRAY' BEACH Rf=P #ZE9'lC}•01 SNACK VENDING MACHINES tCant'd) 21.E ~ ii __ 23. ~1~ ~LY~ / ~'~'r ~r 5 C ~3 ~ e~e~~. ~ 27. ~e,5~ roc ~ r ~ '~ °'~ $ ,/_ ~--. 30. ~ S- ~/4'~J7`~S ~ o~ $____~ Asa . - I ~ ~° d ~ ~ 32. 4 / ~ ~c ~ ~~ ~ ~ $ /fa/ ** i.e., candy, gum, crackers, bagged snacks, cookies, healthy snacks yr nuts (l...ist mint include actual brand names of items offered and selling prices. No other selling prices will be authorized). n ', Proposer; ~~~ w l Date: ~ ~ ~ Proposed commission tv be paid to the City of Delray Beach as a percent of ai! gross sales revenue from Products sold through vending services as provided by this RPP. / ~!~ Percent (In W©rds), ~~ °Y~ ~In !"!gores) RFP Na. 2d10•D1 2~ Gl~"Y OF Di"LRAY BIAGhi *The hereby undersign represr„ntati~e of the Vendor certifies that they are an authorized represe a of t Vendor w a Y legally hind the Vendor: *5lGNATUFtE: Name: V-aC~~~ G~ r ~G Tit{e: `J3v5ra/~5" ~~'~~'/t3 ~~/~ Printed Company: ~ ~~~~~~ ~2/G ~i"egaily registered ante Address: ~ ~ ~ ~~ City: ~ Y' State• dip: Telephane Nn:.5~1 .~/~'" -~~~ Fax No: ~._,..~~-.~"" ~~~ email Address: ~ c c d~ ~J~.C~p ! [5 G! i71~'Y~' F C G ~ ~ CC~f~/! "Failure to aTfix signature wi!! resalt in ~iisgc~aicticatinn of prapnsal, Vote: if there are any terms andlox conditions that axe l~ caraflict, the most stringent requirement shall apply. Acknawledgerrtient of Addendurn(s) Aaknawledgem~ Addendum No, Addendum No. of the fc~ilowing Addenda received since issuance of Speashcations: Addendum Na. mated: Addendum Na. laated_ Addendum No. Addendum Nn. [7ated: jj~~ Name of Vendor's &ervlce Gontact: ~,I~'itd''~i1/ 1 ~~ fJ4C/!'~ ~~--~- :_....; . Address: ~~~ ~~ I t!1 ~'y' ~tu ~ ~~T ~~T phone Number:~~lcS_1_~+~_ Fax N~~.€rnber: ~s~/~S 1lll~ email: ~e,.~,r ~ ~,,3,c~C~' ~~a~JS f ~.F~'l ~1 ! C45 ~ [~~f RFPNo. zo~a-o- 24 MEMORANDUM TO: Mayor and City Commissioners FROM: Joseph Safford, Finance Director Patsy Nadal, Purchasing Manager THROUGH: David Harden, City Manager DATE: October 29, 2009 SUBJECT: AGENDA ITEM 8.K.2 -REGULAR COMMISSION MEETING OF NOVEMBER 3, 2009 CONTRACT AWARD/ALLIANCE LINEN D/B/A GOLD COASTAL LINEN SERVICE ITEM BEFORE COMMISSION City Commission is requested to approve award to Alliance Linen d/b/a Gold Coastal Linen Service for linen rental service for the Delray Beach Municipal Golf Course Restaurant for the estimated annual usage of $18,000 for a one (1) year contract with the option to renew for two (2) additional terms of one (1) year. BACKGROUND The Delray Beach Municipal Golf Course Restaurant is in need of an annual contract for linen rental service for items such as table linens, napkins, bar towels and tablecloths. Bids were received on Wednesday, October 21, 2009, from five (5) vendors all in accordance with City purchasing procedures (Bid #2010-06 Documentation on file in the Purchasing Office). A tabulation of bids is attached for your review. The General Manager, Delray Beach Golf Course, is recommending award to over-all low bidder on the most commonly used linen items, Alliance Linen d/b/a Gold Coastal Linen Service. FUNDING SOURCE 445-4715-572.52-22 (D B Municipal Golf Course/Operating Supplies/Uniforms/Linen Service). RECOMMENDATION Staff recommends award to Alliance Linen d/b/a Gold Coastal Linen Service for linen rental for Delray Beach Municipal Golf Course Restaurant for an estimated annual cost of $18,000. h LAS V ~ ~ Q~ V~°q~y, ~' of ~ m LYl ' N L~,1 ~ L~ Lt! 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CV M V' ~ (O t~ ~ 00 6i Q ~ N f6 0. (.°' ~4~/ Ldp I°° y~ Lea U Lla ~, U_ LLI W ~°° Q.° LL. V L1J ~_ B H 8 O N ®_ N r N m V c m c ~ '~ D. N v O O ~- N U Y "Y c ~ ~ c L O M Y C Y C N c ~ ~ ~ ~ O ~ [0 0] Z m m ~ ~ N U N N G~ ~ C ~ U ~ m •4 N ~ O ~ O O N c~ -~ C N ' ' O U 'O d C (~ ~ ~ o c N ~ ~ O gy p ui c N~ U US N c c J Q ~ ~ C z U C 'O O ~ N 'Y U C ~ N >. O N ~ ~ N z ~ O _ O a~ .°c m~~ v 3 N 0 0 0 r N r w ~ ~ O ~ ~ N N j c c ~ c 3 p _ a~ c o m~ o ui ~ ~ o ~ N ~ z m¢ ~ O z N G ~ C N 3 -' ~ o o -- v O m ~ m M ~ Z Z ~ ~ ~ c O c c m c V C ~ .J ~ c~ ~o Z w ~C N ~ V o N ` ~ 'fl o ~U c o y `~ 3 m ° Q ~ O N Q o ~ M -Ud adUF z = Z ° O Z m o `m o\° N z EA Z ~ Cil ~ w> K X X X X X d J W O (6 ~U N Q' N ~ N U 0 0 o °~ . "' _ ` 0 W Q i.i f0 O) J N O N N U ~ ~ a O _! z ° °~ E ° Z a O co 'a ~ t a w L ~ LL ~ U fn V J = o c N N O ° ~ ~° ~ ~ c`• O w a ~ ~ m ~ ° F- O a Q O O O ~ O o N a`~i a`~i a`~i ~ ~ U LL w °~ °> a i > ~ a a W t6 f6 f0 _ C RS N y R' U U U 'O N ~ O LL ~ O N v- LL (,) J C O M C O C O C O t6 w- G C O to p ~ ~ ~ -moo a E o ~ O {- Q~ Q Q Q F- U Q Q O ~ Q ~- CV M d' ~ CO ~ N N m (6 a MEMORANDUM TO: Mayor and City Commissioners FROM: Joseph Safford, Finance Director Patsy Nadal, Purchasing Manager THROUGH: David Harden, City Manager DATE: October 28, 2009 SUBJECT: AGENDA ITEM 8.K.3 -REGULAR COMMISSION MEETING OF NOVEMBER 3, 2009 PURCHASE AWARD/HD SUPPLY WATERWORKS/FERGUSON ENTERPRISES, INC. ITEM BEFORE COMMISSION City Commission is requested to approve multiple purchase awards at an estimated annual cost of $264,200 to HD Supply Waterworks for the purchase of pipe, valves, and fittings, via City of Deerfield Co-op Bid #2008-09/28 and Ferguson Enterprises, Inc. via the Colectric Partners, Inc. Master Purchase Agreement #MPA-0068 for water meter fittings and water line accessories for the City's irrigation system, underground repairs (water & sewer) and capital construction projects. BACKGROUND Colectric Partners, Inc., anon-profit corporation serving public power utilities such as Jacksonville Electric Authority, has a Master Purchase Agreement #MPA-0068 for water & sewer pipe, valves & fittings with Ferguson Enterprises, Inc. and the City of Deerfield Beach has a Co-Op Bid #2008-09/28 with HD Supply Waterworks for water meters, fittings and water line accessories. Purchasing and Environmental Services recommend that the City utilize (piggy-back) these two (2) contracts for the following reasons: Historically for the past eight (8) years the awarded vendors do not renew the City's three (3) year annual contract forcing the annual contract to go out to bid each year. The process is very costly and time consuming for City personal and other resources as well. One of the contracts listed above is for five (5) years and the other has multiple renewals that could extend the contract for a total five (5) year period. If approved, the City would benefit by having pricing locked in for up to five (5) years and there will be no need to rebid the City's the annual contract through the bidding process every year. Listed below are samples of items with current cost per the City's last bid and cost from the Co-op agreements. Itcm Valve Gate 8' Valve Gate 10" Corp Stomp 1-1 /2" Corp Stop 2" City Currcnr Contract `608.20 `955.00 ~55.7fi X91.77 Co-op Contract `~~ 3 3.22 `831.43 `?6.93 `89.37 Savin~~s Pcr Itcm `~7-1.98 `~ 123.57 ?5.83 `~?.~10 Valve Curb Stop 2" $105.11 $91.64 $13.47 Total savings for the purchase of one (1) each of the listed items: $243.25 Pricing in the Colectric Master Purchase Agreement with Ferguson Enterprises, Inc. and the Deerfield Co-Op bid with HD Supply Waterworks is 15% lower overall than the City's current bid. FUNDING SOURCE Various departmental approved operating budgets. RECOMMENDATION Staff recommends approval of purchase awards to HD Supply Waterworks for the purchase of pipe, valves, and fittings, via City of Deerfield Co-op Bid #2008-09/28 and Ferguson Enterprises, Inc. via the Colectric Partners, Inc. Master Purchase Agreement #MPA-0068 for water meter fittings and water line accessories for the City's irrigation system, underground repairs (water & sewer) and capital construction projects, purchased "as needed" at an estimated annual cost of $264,200. City Of Delray Seach Deprsrtment of Environrrrental Services M E M O R A N D U M www. mydelraybeach. com TO: Patsy Nadal, Purchasing Manager FROM: Richard C. Haska, P.E., Environmental Services Director SUBJECT: PURCHASE AWARD -- PIPE FITTINGS AND WATER ACCESSORIES DATE» October 28, 2p09 Environmental Services concurs with the reeo~nmendation to utilize the City of Deerfield Caap bid and the current City Master Purchase Agreement for the purchase of pipe fittings and water system accessories for the coming fiscal year. Nadal, Pats FraEn: Jason.Mueller@Ferguson.com Sent: Thursday, October 15, 2009 2:00 PM To. Nadal, Patsy Cc: benjamin.jacobs@ferguson.com Subject: Piggy-back Contracts Patsy, Ferguson Enterprises, Inc. would like to offer to the City of ©elray Beach the following contracts to piggy-back material far water, sewer, and drainage: 1. City of Hollywood Contract F-4050-06 (Cv-op) Fire Hydrants 2. City of ©eerfield Beach Contract 2009/920 {Co-op} Water Meter Fittings and Water Line Accessories. 3. City of Fort Lauderdale Contract 482-9431 Water Meter Boxes/Parts {Ca-ap}. Colectric Contract MPA-0068 Water & Sewer Pipe, Valves, and Fittings. Thank you, Jasan (~ CC31.ECiRICPARTNERS° A MEMBERSHIP ORGANIZATION OF PUBLIC POWER UTILITIES MASTER PURCHASE AGREEMENT FOR WATER & SEWER PIPE, VALVES AND FITTINGS WITH FERGUSON .~ AGREEMENT NUMBER: MPA-0068 REVISION: 00 5/1/2009 ~RENEw~n UNDER cPl-oo~s~ -Confidential - r Master Purchase Agreement lnfcrmafion conlainad heraln (including af! aftachmen(s, scfredules and adtlerrtla) is conf<;ferrtiat MaS~Or Agreement Form: t:FII5CM1062 and shalt not ba disclosed to .bird paRias without fha prior written consent of Cofectr.'c?artners, Inc. Date: 51912©O9 Rev O; 1FJ127J21)68 Agreement Number MPA-U06$ Rev-00 Page: 1 of 43 ~~ COLECiRICPARTNERS' l~Tl~~®u~~-lc~i~ ~~~~E~E~~ This Master Parcttase Agreement is entered into effective May 15`, 2©09 by and between Colecteic Partners, Inc., {"CPI"} a Georgia nonprafik carparation with principal place of business at 3€~'f yV, bay Street Suite 260D, Jacksonville, Fi.., 32202 on behalf of its participating utilities, and Fergusc~ra Enterprises, inc., with place of business at 12b00 JefFersan Avenue, Newport dews, VA. 23602 (Ferguson}. This Agreement represents a collaborative procurement by GPI for public power utilities that are participating in CPI's Supply Chain Management program. 'The initial Participants in this Agreement are Jac4csanvilie Electric A~tnority {JEAN Gainesville Regional Utilities (~Ffi1} and Florida Municipal Power Agency (FlNPe4). Additional Mr;mber public power utilities may be granted participation in this Agreement by the mutual agreement a# all parties. This Master Purchase Rgreere~ent will is awarded for a base five-year term (lay 1g°, 2fltD9 --April 3D`~`, 2g7~i) with an option to extend for five additions[ one-year periods by mutual agreement. The Rgreement can be terminated without cause by either party upon 9Q days written notice. This Agreement is a CPl Master Purchase Rgreement and CPI has the sole authority to manage the Agreement. The Members participating in this Agreement shall have the authority to establish Member Purchase Agreerr:ents and issue individual Purchase Orders in accordance with the terms, conditions and pricing of this Rgreement. I'Os issued by participating Members shall be considered individual purchase Contracts incorporating all terms and conditions of this Agreerrrent unless sprciftcally stated o#herwise. In cases of conflict between the pravislons of this Agreement and an issued PO, the terms and conditions of the individual PQ shall prevail. Administration and management of individual POs shall be the sole responsibility of the issuing Member. Adrrrinistration and management of the PO includes assuring accuracy of the description, price, and quantity of items requested, performance by the supplier to fulfill commitments, accuracy of billing and payment, and resolution ref claims and disputes. Supplier shall ns~t ship a substitute product or service without the prior review and approval of the ordering utilities offcial representative. Authorized Signatures: Agreed to by the parties as aforementioned and signed by authorized representatives of the individual companies on the date{s} indicated below: GalectriC F~artrsers, Inc. Sy 'st-4 tt~-"a gar Purchase Agreement [Manager ~f ~~: r4 ~, ~ ~d.~ rams: John Van Zyl Title: Sourcing Manager [late: _ ~ ~~" ~" E. Ferguson Enterprises, inc. ~;~ its ~upp;~e~re~rnerst l~lanagnr dame: Ersiaert Carr~posa Titre: c~ tact tanager data: ~~~ " ~, ~ .,~ .....................~.~,~.........,...~.~.aw.»,.,MM,~w..w..w......a,..,.w_.._.,~... .....~.......~,.. ...,w-a} is con~ruenuat HIaBtBC A~lB81I1617E Massor Purchesa A reemens~~ FntormaUOn comatned darein {incfudinp aU aftachmenrs. schedules, ~visrons antl addond ._.___..._____~~~ Form: CPI1SGMrtl02 and shag! not Ire dlsctoseti talhird parties wifhou( }he prior written ~nsenf of Coiecinc aaKrars, lnc Rata: 5T112005 ReY.o lonznaos Agreementl~umbar.MAA-tf068 Ftev-40 Page: 3at43 •~,. !b ~ ~ ~ Q ! O ~GREEMEI\TT JF'®lit W,~.`~'Elt M[ETI~R ~'IiTTIIeIGS A1~D ~ ~ . - "VVA'lf'ER L~IwIE ACCE~~~~E,S This Agreement made and entered into the day o£ ~~ """~~ 2009 by and between: CITY OF DEERFIELD BEACI-i, ~FL4RIDA a municipal corporatioa~ 1 SO NE 2~a Avenue - {hereinafter-referred to as "CITY") AND FER.GUSQN ENTE~RISES 1950 NW 18i~` Street Pozxipano Beach, FL 33069. {hexein.after refeaxed to as "CONTRACT{~R") SCOPE 1.1 The City of Deerfield Beach hereby desires to secure a source of supply of Water Meter Fittings and Water Line Accessories for an renewal. period of one year {1) year from July ~, 2009 to June 30, 2010 with an option to renew the coaxtracfi for faux (4) additional twelve {1.2) month periods upon mutual consent, in writing, by both parties. The pricing, terms and conditiorxs are as per Bid #2008-99128 and shall remain the wane. Estimated e~zpenditures beyond the current fiscal year are contingent upon availability of funds budgeted for this puxpose in future fiscal years. l.2 This Agreement is entered auto ,by the City of Deerfield Beach on behalf' of the participating governmental entities within the Southeast l~Iorida Governmental .Purchasing Cooperative; group, (hereinafter referred to as'"Group"), for the purchase of each governmental entities estimated anaxual requirement. The Contractor agrees to eater into similar can#raots with alI members of the Group. 2. QUALIFICATIGNS Z.l Contractor acknowledges that Contractor is authorized to actively engage in the sale of Water Meter Fittings and Water Line Accessories and must drove that they can regularly maintain a substantial stock of the supplier bid upon and awarded as per Attachment "A". MARKET CQNDITIONS 3.1 The City reserves tl~e right to purchase, Water Meter Fittings and Water Line Accessories per specif catipns herein on the open market from other vendors. If prices are less than the contract price, as fang as floe lower price is rluoted under the same terms and conditions as the contract price, the contractor shall meet these prices, and if contractor is uxzable to do so, the City may' either terminate the contract and re- advertise fax bids ar purchase Water .Meter Fittings aril Water Line Accessories at.a lower price from other suppliers. At all times the City may terminate this contract for convenience. r ~ 27. CsOVET~NING LAW, VENL7E 2`7.1 Any claim, objection ar dispute arising out of the terms of this Agreement shall be litigated in the Seventeenth Judicial Circuit in and for Broward County, FTarida, Tha validity, construction and effect of this ,Agreement shall be governed by the laws of the State of Florida. 28. SEVERABTLTTY 28.1 Should any paxt,'texax~. ox ~prnvisian of this A.green~ent be found invalid by a court of competent jurisdiction to be illegal or in conflict with any law oI'the State, the validity of the xeznaining portions or provisions shall not be afT'ected thereby. 29. NO REPRESENTATION BY CITY 29.1 Neither CITY nor their officers, agenfis and/ar ezr3.ployees have made any representation ox promises except as expressly sat forth in This Agreeznezrt. 30. NOTICES 30.1 All notices arzd other coxni~iunicatio~is required or permitted under this Agreement shall be in writing and given by: 1) l=Tasid delivery 2} Registered or certified mail, return receipt requested, . 3} Overnight courier, or ~~) Facsimile to: CITY: City of Deerfield $each 150 NE 2n~ ,Avenu.a Deerfield Beach, FL 33441 COPY TO: Donna Cauricil, Purohasirig Agent City of Deerfield Beach 401 S W 4#~' Street Deerfield Beach, FT:, 33441 CONTRACTOR: Ferguson Enterprises, Ina. 1950 NW 18'x' Street Pompano Beach, FL 33069 7 exgusara , t xises, ~z~e. ~~"" °°~° DatE: ~----`~ ~ `~' C~T~Y CIT"~ a DEE~~ELD BEACH, a znuaicipal carparafiaon ~r,..--~-~,. By.,,. 1 afar Date: ~ ~• Re~ol~u~i.on No. 20fl9/ t20 Page 2 SECTION 3. Funds have been a~.laca~ed #4©~.-503fl-536.35-27 and ~4fl~.~SQ3Q~536~35-84. ADOPTED THIS ~.n Budget Account 19TH DAY OF MAY , 2 Cs © 9 E OLANU, MAYOR STATE ~OF Ir~.ORlDA CC3UNTY OF BR0INARD The foregoing instrument was acknowledged ,before me this ~19~~ day of MAY, 2009 iay PEGGY N©LAND as Mayar of the City of Qeerfield Beach; Florida a municipai corporation, on behalf of the municipal corporation, who is personally known to me, NOTARY'S SEAL: . 'Y ~ QU1~ =~~, ~` i,4Y COHfFA1S5l~f+1 tk iJ13 52753 ~~ ,~ i~XP1~iE;S:March't3,7.010 ~~i~~+q Taonded'~IUt~oiRry PrfBHci1[xialYY4ots ~~ STATE OF FlORIDA COUNTY OF BRO~tVAR© NO ARY Pt.JBLIC, S ATE OF I=LORIDA j5ignature of Notary Taking Acknowledgment) 4uintella Jones tName of Acknowiedger Typed, Printed or Stamped) Commission Number The foregoing instrument was acknowledged before me this 19~`" day of MAY 2009 by ADA GRAHAM-JOHNSON as Ciiy Clerk of the Gity of Deerfield Beach, Florida a municipal corporation; oh behalf of the municipal c©rparatian who is personally known to me. '~ NOTARY'S SEAL: ~ ~` ARY PUgLiC, STATE OF FLORIDA (Signature o[ Natary Taking Acknowledgment) Quin#ella Jones ,~ ~~~„ ~ "~__.~.~....~ Name of Acknowteciger Typed, Printed or Stamped) _ ~ py gt~3NT~ 1.i+k~iC3id~ ~; ~,. ,,~: MY CQDAis~4ISSlQN #i fag b27~i3 :P;~ ~xraf~~s:~i~~cr,~~,ao~rz ~~''••~g ~3avlecl?hraty'aR+ryihlBl'~aEitktn,Vrtd~tG 'Rf,~ „;,„~~° .~ Comrnissicn Number DEl.RAY BEACH o ~ - ° ~61/2n3-7oo0 ~QO ~.w. !si Rv~€vv~: ~ ©~~Rn~ g~~c~~, r-~a~~~c~a ~sa~.FE RE: Pipe fittings and Accessories Annual Contract Bid No. 2408-28 - 15`Year Renewal Dear Mr. Mueller; The annual contract for the above referenced bid expires an June 17, 2009. Per page #5, Renewal: "The City Manager may renew the contract at the same terms, ' conditions and prices for two (2) consecutive term(s) of one (1) year(s) subject to vendor acceptance, satisfactory performance and determination that renewal will be in the best interest of the City" Please advise if the one (1) year renewal of your contract at prices quoted in your original bid package dated March 31, 2008 would be acceptable. You nnay respond by signing below and returning one original copy to my attention, City of Delray Beach Purchasing Division, 100 N.W: First Avenue, Delray Beach, Florida, 33444. Sincerely, _ ~ ® f Patsy 1, rchasing Manager ~1 hereby agree to the one (1) year extension of the subject Bid Package. ~,/ I arr~ unable to provide the one {1) year extension of the subject Bid Package. ~~ ~~ ~ S~a~~re Dat Name (print) -- - cc: Joseph Saffb~inance Director Richard Haska, Enviror~xnental Services Director Rafael Ballestera, Deputy Director of Construction Scott Solomon, Manager Water/Sewer ~r~~~c~ ° ~~~~c~~r~~~c~ ° NT~GR~TY a ~s~ar~~~~~ ~ ~v~ov~-~~v~ ° °`~~~nwc~~~ MAY X ~ 2009 I:~-~T ,~z~Y pEhPAY BEACH . y ~ 0. a A ~~o ~€.~v. ist nv~~u~ ~ r~~t-~~Y ec.~c~, ~~~ni=~inR ssa•~~ G s~~ra~a-an~o RE: Pipe Fittings anal Accessories Annual Contract Sid No. 2008-28 -- l~`Year Renewal Dear Mr. Mathis; The annual contract for the above referenced bid expires on June 1'1, 2009. Per page #5, Renewal: "The City Manager may renew the contract at the same terms, conditions and prices for two (2) consecutive tcrzn{s) of one (1) year(s) subject to vendor acceptance, satisfactory performance anal determination that renewal will be in the bast interest of the City" Please advise iJ'the one (~} year renewal of your contract at prices quoted in your original bid package dated March 3 1, 2008 would be acceptable. You may respond by signing below and returning one original copy to my attention., City of Delray Beach Purchasing Division, 100 N.W. First Avenue, Delray Beach,l"larida, 33444. Sincerely, Patsy , P rchasing Manager 1/hereby agree to the one {1) year extension of the subject Bid Package. +/' 1 am unable to provide the one { 1) year extension of the subject Bid Pael~age. rgnature Date ~~„rres ,r~.,s Name (print) cc: Joseph Saflf'orc~inance Director Richard Hasko, Environmental. Services Director Rafael Ballestero, Deputy Director of Construction Scott Soloman, Manager Water/Sewer ~~v~c~ ~~~~o~~~,,~t~c ~~-~~~~-rv ~s~o~~~~i~~ ~ ~~ov~~rx~~ ~,~~n+~o~ot RE: Pipe Fittings and Accessories A~axaual Contract Bid No. 2048-28 ~- l~`Year Renewal Dear Mr. George; The annual contract for the above referenced.bid expires on June 17, 2409. Per page #5, Renewal: `°I'he City Manager may renew the contract at the same terms, conditions and prices for two (2) consecutive terms} of one (1} year(s) subject to vendor acceptance, satisfactory performance and determination that renewal will be in the best interest of the City" Please advise if the ane (1) year renewal of your contract at prices quoted in your original bid package dated March 3I, 2048 would be acceptable. You may respond by signing below and returning one original copy to my attention, City of Delray Beach Purchasing Division, 140 N.W. first Avenue, Delray Beach, Florida; 3344. Sincerely, LC/L,~ Patsy N 1, Pur ~asixzg Manager X hereby agree to the one (1}year extension ofthe subject Bid Package. ~r am unable to provide the one (I) year extension of the subject Bid Package. Signature Date ~ ~f ~~ Name {print) ~~ cc: Joseph Sa~'o;r~ . c`lnance Director Richard Haskn, Environmental Services Director Rafael Ballestero, Deputy Director of Construction Scott Soloman, Manager Water/Sewer ~~vzc~ W ~~~~c~~~~~~~ w ~T~~~z~v ~~spo~s~a~.~ ®~~aov~~-x~ ~"~~~~~vo~~ _:.~ ~~ ~~ DEI.RAY BEACH a R o _ _ - jon rv.+n~. ~~s~ ~vr--_ni~~ A ~~~.~~v ~~~ca~, r-ao~i~~ ss~~~ ~ ~~~i~~s-~oaa RE: Pipe Fittings and Accessories Annual Contract Sid No. 200$-28 - 15`Year Renewal Dear Mr. Ellenburg; The annual contract for the above referenced bid expires on June 17, 2009. Per page #5, Renewal: "The City Manager may renew the contract at the same terms, conditions and prices for two (2) consecutive term(s) of one (l) year(s) subject to vendor acceptance, satisfactory perfnrKnance and determination that renewal will be iu~ the best interest of the City" Please advise ifthe one (1) year renewal of your contract at prices quoted in your original bid package dated March 31, 2008 would be acceptable. You znay respond by signiaag below and returning one original copy to :nay attention, City of Delray Beach Purchasing Division, 1.00 N.W. First Avenue, Delray Beach, Florida, 33444. Sincerely, Patsy , Pur ,basing Manager I~h'ereby agree to the one (1) year extension of the subject Bid Package. ~ I am unable to provide the one (1) year extension of the subject Bid Package. s rl-off Signature Date ~ ~~~i~/ Name (parrot) cc: Joseph Saffor~ once Director Richard Hasko, Environmental Services Director Rafael Bailestero, Deputy Director of Construction Scott Soloznoan, Manager-Water/Sewer ~~F?VICE ~ ~~~cir~~~~c~ ~Y~TE~~~TY ~ s~r~~s~~~.~ s ~~aav~~x~ ~ ~~t~vvo~~ RE: Pipe Fittings and Accessories Annual Contract Bid No. 2008-2$ - 15CYear Renewal Dear Mr. Gross; The annual contract for the above referenced bid expires on June l7, 2009. Per page #5, Renewal: "The City Manager may renew the contract at the sanne terms, conditions and prices for two (2) consecutive term(s) of one (l) year(s) subject to vendor acceptance, satisfactory performance and determination that renewal will be in the best interest of the City" Please advise if the one (1) year renewal of your contract at prices quoted in your original bid package dated March 31, 2008 would be acceptable. You may respond by signing below and returning one original copy to y attention, City of Delray Beach Purchasing Division, 100 N.W. First Avenue, Delray Beach, Florida, 33444. Sincerely, ~ ~~~_ . Patsy 1, Purchasing Manager l hereby agree to the one (1) year extension of the subject Bid Package. l anz unable to provide the one (1) year extension of the subject Bfid Package. Date c~'_~°~ N (prime) cc: Joseph Safford,~ce Director Richard Hasko, Environmental Services Director Rafael Ballestero, Deputy Director of Construction Scott Solomon, Manager Water/Sewer ~~rav~c~ 6 ~~~~c~~~~~c~ ° ~~~r~~~rrv es~c~~~~~~. ~v~ove~-~rv~ `~~,~~n~v©€a~ ~: „ . , p~LRAY BEACH ~UC~ fV Vv tSt ~tilC;.I~i>,3E L~wLf~ir~Y i3F,aC:t 1, rt.GFiiCl~? 33x4.1 0 5Gt7243'i0()i! Il-America Ci i May 6, 2009 HD Supply Waterworks, LTD. o Attn: Susan Helms, Municipal Sales Coordinator i 993 l 101 West I7'f' Avenue zoe~ Riviera Beach, FL 33404 RE: Pipe Fittings and Accessories Annual Contract Bid Na. 2q0&-28 - 1~`Year Renewal Dear Ms. Helms; The annual contract for the above referenced bid expires on June 17, ZOg9. Per page #5, Renewal: "The City Manager n'iay renew the contract at the same terarrts, conditions and prices for two (2) consecutive term(s) of one (1) years} subject to vendor acceptance, satisfactory performance and determination that renewal will be in the best interest ofthe City" Please advise ifthe one (1) year renewal cxf your contract at prices quoted ire your original bid package dated March 31, 2008 would be acceptable. You may respond by signing below and returniwg one original copy to my attention, City of Delray Beach Purchasing Division, 100 N.W. First Avenue, Delray Beach, Florida, 33444. Sincerely, _ ~~// G~IJ~~ Patsy ,Purchasing Manager I hereby agree; tp the one {1}year extension of the subject Bid Package. 1 axn unable to provide the one (1}year extension ofthe subject Bid Package. u r~ U9 ignature Date .~~.~~ ~, ~-~~1~ s Name (pr~uat) ce: Joseph Safford,~nee Director Richard Hasko, Environmental Services Director Rafael Ballestero, Deputy Director of Construction Scott Soloman, Manager Water/Sewer ~RV~CE: PERi'C~£~MANCE: ° ~NT~GRTTY ° EsPONS~BLE NNOVATXVE~ pCkMW©RK MEMORANDUM TO: Mayor and City Commissioners FROM: Scott Pape, AICP, Senior Planner Paul Dorling, AICP, Director of Planning and Zoning THROUGH: City Manager DATE: October 28, 2009 SUBJECT: AGENDA ITEM 9.A. -REGULAR COMMISSION MEETING OF NOVEMBER 3, 2009 WAIVER REQUESTS/FIRE STATION NO.3 ITEM BEFORE COMMISSION The action requested of the City Commission is consideration of waiver requests associated with the Fire Station #3 project to increase the maximum driveway width from 36 feet to 48 feet 8 inches and decrease the minimum standard aisle width from 20 feet to 15 feet. BACKGROUND At its meeting of October 14, 2009, the Site Plan Review and Appearance Board (SPRAB) approved the Class V site plan, landscape plan, and architectural elevations for Fire Station #3. The development proposal includes waivers to LDR (Land Development Regulation) Section 4.6.9(D) (3)(a), which allows a maximum width of 36 feet for driveways and Section 4.6.9(D)(4)(d), which allows a minimum width of 20 feet for standard drive aisles for short distances when there are no parking spaces entering therein. The Site Plan Review and Appearance Board considered these waivers and recommended approval of both to the City Commission. Waiver Analysis Pursuant to LDR Section 2.4.7(B)(5), prior to granting a waiver, the approving body shall make a finding that the granting of the waiver: (a) Shall not adversely affect the neighboring area; (b) Shall not significantly diminish the provision of public facilities; (c) Shall not create an unsafe situation; and (d) Does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. Driveway Width: Pursuant to LDR Section 4.6.9(D)(3)(a), the point of access to a street or alley shall be a maximum of 24 feet unless a greater width is specifically approved as part of a site and development plan approval. However, in no event shall such point of access be greater than 36 feet. The proposed driveway along Linton Boulevard is 48 feet 8 inches wide. The applicant has requested a waiver from the driveway dimension requirement. The applicant has submitted the following verbatim narrative in support of the waiver: "...Point of Access to street per LDR Section 4.69 (D) (3) (a) providing a maximum width of 36 feet. This is a three-bay fire station and the point is to egress the bays and get to the call without unnecessary constraints that choking down the drive will create. The LDR's were not written with these types of unique requirements in mind, such as fire stations, and typically multi-bay fire stations have a wider street access drive... " Waiver Analysis: The larger driveways are a standard design for fire stations in order to allow safe and efficient egress from the property. The oversized driveway will not generate the vehicular confusion that would arise from highly traveled driveways such as in a commercial shopping plaza, since it is an exit only utilized infrequently by large emergency vehicles. Similar circumstances on other properties would lead to the same conclusion. It is noted that the Board supported a similar waiver for Fire Station #4 on Lake Ida Road, which allowed a 58-foot 10 inch wide driveway. Consequently, positive findings can be made with respect to LDR Section 2.4.7(B)(5), Waiver Findings. Standard Aisle Width: Per LDR Section 4.6.9(D)(4)(d), astandard aisle width of 24 feet is required for normal two-way traffic flow with perpendicular parking and a minimum width of 20 feet for short distances is required when there are parking spaces entering therein. The applicant proposes a 15-foot wide aisle along the west side of the proposed fire station. Since there are no parking spaces backing into this aisle a minimum of 20 feet is allowed. The applicant has requested a waiver from the standard aisle width. The applicant has submitted the following verbatim narrative in support of the waiver: "...Aisle width per LDR Section 4.6.9 (D) (4) (d) requiring a minimum aisle of twenty feet for short distances where ours is proposed at fifteen feet for access to the rear. Our drive aisle in provided for Fire Department personnel only and is not to be used by the general public, and is limited by the east- west dimension of the site. The suggestion for relocating the trash and BBQ area to the rear of the site will place them too far away from the practical location adjacent to the kitchen and dayroom area... " Waiver Analysis: The parking spaces on the north side of the property will be utilized by the shift personnel of the station. The general public will have parking access on the south side of the station. Given the low and infrequent traffic volume for this drive aisle, the waiver is supportable since an unsafe situation will not be created. Further, the City has supported similar waivers particularly with conversion of existing buildings that have constrained property configurations and low traffic volumes. Consequently, positive findings can be made with respect to LDR Section 2.4.7(B)(5), Waiver Findings. RECOMMENDATION By separate motion: 1. Approve the waiver to LDR Section 4.6.9(D)(3)(a), which allows a maximum width of 36 feet for driveways (48 feet 8 inches proposed), based on a positive finding with respect to LDR Section 2.4.7(B) (5). 2. Approve the waiver to LDR Section 4.6.9(D)(4)(d), which requires a standard aisle width of 24 feet for normal traffic flow with perpendicular parking and a minimum width of 20 feet for short distances when there are parking spaces entering therein (15 feet proposed), based on a positive finding with respect to LDR Section 2.4.7(B)(5). IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA WAIVER REQUEST RELATING TO THE MAXIMUM DRIVEWAY WIDTH AND STANDARD AISLE WIDTH ASSOCIATED WITH THE CLASS V SITE PLAN FOR FIRE STATION #3 ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA 1. This waiver request to expand the maximum driveway width from 36 feet to 48 feet and 8 inches and decrease the minimum standard aisle width from 20 feet to 15 feet has come before the City Commission on November 3, 2009. 2. The Applicant and City staff presented documentary evidence and testimony to the City Commission pertaining to the waiver request for the temporary use permit. All of the evidence is a part of the record in this case. Required findings are made in accordance with Subsection I. WAIVER TO MAXIMUM DRIVEWAY WIDTH: LDR Section 4.6.9(D)(3)(a) provides that the point of access to a street or alley shall be a maximum of 24 feet unless a greater width is specifically approved as part of a site and development plan approval. However, in no event shall such point of access be greater than 36 feet. The proposed driveway along Linton Boulevard is 48 feet 8 inches wide. Pursuant to LDR Section 2.4.7(8)(5), prior to granting a waiver, the approving body shall make a finding that the granting of the waiver: (a) Shall not adversely affect the neighboring area; (b) Shall not significantly diminish the provision of public facilities; (c) Shall not create an unsafe situation; and, (d) Does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. Does the waiver request meet all the requirements of 2.4.7(8)(5)? Yes No 1 II. WAIVER TO MINIMUM STANDARD DRIVE AISLE WIDTH: LDR Section 4.6.9(D)(4)(d), provides that a standard aisle width of 24 feet is required for normal two-way traffic flow with perpendicular parking and a minimum width of 20 feet for short distances is required when there are parking spaces entering therein. The applicant proposes a 15-foot wide aisle along the west side of the proposed fire station. Pursuant to LDR Section 2.4.7(8)(5), prior to granting a waiver, the approving body shall make a finding that the granting of the waiver: (a) Shall not adversely affect the neighboring area; (b) Shall not significantly diminish the provision of public facilities; (c) Shall not create an unsafe situation; and, (d) Does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. Does the waiver request meet all the requirements of 4.6.9(D)(4)(d)? Yes No 3. The City Commission has applied the Comprehensive Plan and LDR requirements in existence at the time the original development application was submitted and finds that its determinations set forth in this Order are consistent with the Comprehensive Plan. 4. The City Commission finds there is ample and competent substantial evidence to support its findings in the record submitted and adopts the facts contained in the record including but not limited to the staff reports, testimony of experts and other competent witnesses supporting these findings. 5. Based on the entire record before it, the City Commission approves denies the waiver request, subject to the listed condition, to LDR Section 2.4.6(F) 2 6. Based on the entire record before it, the City Commission hereby adopts this Order this 3rd day of November, 2009, by a vote of in favor and opposed. ATTEST: Chevelle Nubin, City Clerk Nelson S. McDuffie, Mayor 3 CUKKIE • 50~tAKD5 • A~UILA • AKCHITEC'T5 Robert G. Currie, FAIA Jess M< Sowards, AiA Jose I`i. Aguiia, AIA September 22, 20D9 Mr. Scott Pape, A1CP Delray Beach Planning: & ~onin~g Department 10D NW 1~` Avenue Delray Beach, Florida 33444 Re: Delray Beach dire Station. 3 Replacement Project Project No. ©9D4Q2 Dear Scott: In accordance with LDI~ Section 2.4.'~ (B) and on behalf of our client, the City of Delray Peach Fire Department, we are hereby reo~uest'rng waivers on two items a5 follows: 1. Aisle width per LDS Section 4.6.9 (D) (4) (d) requiring a minimum aisle of twenty feet for Short distances where ours is proposed at fifteen feet for access to the rear. Our drive aisle in provided for Fire Department personnel oniy and is not to be used by the general public, and is limited by the east-west dimension of the Site. The suggestion for relocating the trash and PBQ area to the rear of the Site will place them too far away from the practical location adjacent to the kitchen and dayroom area. 2. Po'€nt of Access to Street per LD1Z Section 4.6.9 (D) (3) (a) providing a maximum width of 36 feet. ThlS is a three-bay fire station and the point is to egress the bays and get to the call without unnecessary constraints that choking down the drive will create. The IrDR's were not written with these types of unique requirements in mind, Such a5 fire 5tation~, and: typically multi-bay fire stations have a wider Street access drive. The granting of either of these waivers will not adversely affect the neighborhood area; will not diminish the provision of public facilities; will not result in an unsafe Situation; and will not result in granting of special privilege as this is a unique situation not affecting the public-at-large. Sincerely, CURIZIF SOWARDS AGU1~A AlzCH1TFCT5 Josh N. 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ITEM: Fire Station #3 - Class V Site Plan, Landscape Plan and Architectural Elevation Approvals Associated with the Construction of a 10,811 Square Foot Fire Station {651 Linton Boulevard). GENERAL DATA: OwnerlApplicant........... City of Delray Beach Agent ............................ Currie Sowards Aguila Architects Location ........................ North side of Linton Boulevard, 320 feet east of SW 8`" Avenue {651 Linton Boulevard}. Property Size ................ 0.95 acres Future Land Use Map... CF (Community Facility) Current Zoning .............. CF (Community Facility) Adjacent Zoning..North: R-1-A (Single Family Residential) East: RM (Medium Density Residential} South: PC (Planned Commercial) West: RM Existing Land Use......... Fire Station #3 Proposed Land Use...... Construction of a 10,811 square foot fire station Water Service ............... Existing on site. Sewer Service ............... Existing on site. IILC. - - - - ITEM BEFORE=THE BOARD The item before the Board is approval of the following aspects of a Class V site plan request for Delray Beach Fire Station #3, pursuant to Land Development Regulations (LDR) Section 2.4.5(F): • Site Plan; • Landscape Plan; • Architectural Elevations; and • Waivers. The subject property is located on the north side of Linton Boulevard, 320 feet east of SW Stn Avenue (651 Linton Boulevard). --- _ _ - - _- BACKGROUiIV'D The subject property consists of a portion of Lot 8, Subdivision of Section 20, Township 46 South, Range 43 East and contains 0.95 acres. The existing fire station was constructed in 1971 and contains 6,430 square feet. A Class V site plan application has been submitted to redevelop the parcel as a fire station. The application is now before the Board for action. '; PROJECT ©ESCRIPTIO.N The development proposal consists of the following: • Demolition of the existing fire station and construction of a 10,811 square foot fire station that includes three vehicle bays, sleeping quarters, kitchen facilities, fitnesslconditioning room, and offices, Reconfiguration of drive aisles and construction of 13 parking spaces; • Dedication of 7 feet to the Linton Boulevard right-of--way; and • Installation of associated landscaping. The site plan application includes a waiver request to the following sections of the City's Land Development Regulations: 1. LDR Section 4.6.9(D)(3}(a), which allows a maximum width of 36 feet for driveways. 2. _LDR Section 4.6.9(D}(4)(d), which requires a standard aisle width of 24 feet for normal traffic flow with perpendicular parking and a minimum width of 20 feet for short distances when there are parking spaces entering therein. SITE PLAN ANALYSIS< COMPLIANCE WITH THE LAND DEVELOPMENT REGULATIONS: Items identified in the Land Development Regulations shall specifically be addressed by the body taking final action on the site and development applicationlrequest. Site Plan Review and Appearance Board Staff Repor#: Meeting 10/14/09 Fire Station #3 - Class V Site Plan, Landscape Plan, Architectural Iwle-+ations Page 2 LDR_Sec#ion 4.3.4 -Base District Development Standards: Special Building Setbacks: Pursuant to LDR Section 4.3.4(H)(6)(b)4, aspecial landscape area shall be provided along Linton Boulevard from State Road A-1-A to the western City limits. This landscape area shall be the smaller distance of either 30 feet or 10% of the average depth of the property, but not less than 10 feet. The average depth of the property is 275.81 feet. Thus, a special landscape setback of at least 27.58 feet is required. The development proposal complies with this requirement since a 28-foot landscape area is provided along Linton Boulevard. LDR Article 4,6 -Supplemental District Regulations: Open Space: Pursuant #o LDR Section 4.3.4(K}, the minimum open space required in the CF zoning is 25%. The proposed development complies with this requirement since 27.5% open space is provided. Off-Street Parking: Pursuant to LDR Section 4.6.9(C}(6)(f), fire stations are required to provide 1 parking space for each employee on the largest shift. The applicant has indicated that the largest shift will consist of 5 employees. The proposed fire station exceeds the minimum parking requirement since 13 parking spaces are provided on-site. Other Issues: Per LDR Section 4.4.21(H)(2), when the CF zoning district is adjacent to residential zoning, the perimeter landscape area should be increased to a depth of fifteen feet (15'); or, as an alternative, either a wall, decorative fencing, or hedging should be installed for aesthetic and buffer purposes. The property is surrounded on the east and west sides by RM (Multiple Family -Medium Density) and on the north by R-1-A (Single Family Residential) zoned property. The Southridge Condominium has an existing 6-foot high masonry wall along the west side of the Fire Station #3 property. The City proposes to erect a 6-foot high masonry wall along the north and east sides of the subject property to complete the buffer. Thus, this regulation has been met. ,.- WAIVER ANALYSIS 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 Site Plan Review and Appearance Board Staff Report: Meeting 14/34/09 l=ire Station #3 - Class V Site Plan, Landscape Plan, Architectural Elevations Page 3 (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. Driveway Width: Pursuant to LDR Section 4.6.9(D)(3}(a), the point of access to a street or alley shat{ be a maximum of 24 feet unless a greater width is specifically approved as part of a site and development plan approval. However, in no event shall such point of access be greater than 36 feet. The proposed driveway along Lake Ida Road is 48 feet 8 inches wide. The applicant has requested a waiver from the driveway dimension requirement. The applicant has submitted the following verbatim narrative in support of the waiver: "...Point of Access fo sfreet per LDR Section 4.6.9 (D) (3) (a) providing a maximum width of 36 feet. This is a three-bay fire station and the point is to egress the bays and get to the call without unnecessary constraints that choking down the drive will create. The LDR's were not written with these types of unique requiremenfs in mind, such as fire stations, and typically multi-bay fire stations have a wider street access drive..." Waiver Analysis: The larger driveways are a standard design far fire stations in order to allow safe and efficient egress from the property. The oversized driveway will not generate the vehicular confusion that would arise from highly traveled driveways such as in a commercial shopping plaza, since it is an exit only utilized by large emergency vehicles. Similar circumstances on other properties would lead to the same conclusion. It is noted that the Board supported a similar waiver for Fire Station #4 on Lake Ida Road, which allowed a 58-foot 10 inch wide driveway. Consequently, positive findings can be made with respect to LDR Section 2.4.7(B){5}, Waiver Findings. Standard Aisle Width: Per LDR Section 4.6.9(D)(4)(d), astandard aisle width of 24 feet is required for normal two- way traffic flow wi#h perpendicular parking and a minimum width of 20 feet for short distances is required when there are parking spaces entering therein. The applicant proposes a 15-foot wide aisle along the west side of the proposed fire station. Since there are no parking spaces backing into this aisle a minimum of 20 feet is allowed. The applicant has requested a waiver from the standard aisle width. The applicant has submitted the following verbatim narrative in support of the waiver: "_ . _Aisle width per LDR Secfion 4.6.9 (D) (4) (d) requiring a minimum aisle of fwenfy feef for short distances where ours is proposed at fifteen feet for access to the rear. Our drive aisle in provided for Fire Department personae! only and is not to be used by fhe general public, and is limifed by the east-west dimension of the site. The suggestion for relocating fhe (rash and BBQ area fo the rear of the site will place them foo far away from the practical location adjacent to the kitchen and dayroom area . _ ." Site Plan Review and Appearance Board Staff Report: Meeting 10/14/09 Fire Station #3 - Class V Site Plan, Landscape Plan, Architectural Elevations Page 4 Waiver Analysis: The parking spaces on the north side of the property will be utilized by the shift personnel of the station. The general public will have parking access on the south side of the station. Given the low and infrequent traffic volume for this drive aisle, the waiver is supportable since an unsafe situation will not be created. Further, the City has supported similar waivers particularly with conversion of existing buildings that have constrained property configurations and low traffic volumes. Consequently, positive findings can be made with respect to LDR Section 2.4.7(B)(5}, Waiver Findings. Site Plan and En ineerin Technical Items: While revised plans have accommodated most of staff's concerns, the following items remain outstanding and will need to be addressed prior to building permit submittal unless as otherwise stated: That the height of the building is measured from grade pursuant to LDR Section 4.3.4(J} and so graphically noted on the building elevations prior to site plan certification. 2. That a Palm Beach County permit(s) or permit modification is required for this project. Provide proof that applicant has met with Palm Beach County regarding proposed improvements along Linton Boulevard. 3. Obtain permission from Palm Beach County to discharge into their drainage system. 4. Revise proposed onsite drainage system to include pervious pavers in lieu of exfiltration trenches. Exfiltration trenches are not allowed in public right-of--way. 5. Provide existing elevations on existing roadway including edge of pavement and center line. 6. Provide finished floor elevation. If finished floor elevation is less than 18-inches above crown of adjacent road, a certification is required from a professional registered engineer stating that the property has adequate drainage to ensure that filooding will not occur in a 100-year, 3 day storm event per LDR Section 7.1.3 (B) (2}. 7. Provide signed and sealed drainage calculations indicating the proposed system's ability to meet storm water quality and quantity requirements in accordance with the South Florida Water Management Disfirict regulations per LDR Section 2.4.3 (D) (7} and indicate how storm wafter will be retained on site. Sites with parking lots are required to retain a 5 year 1 hour storm (3.2") in addition to meeting the water quality criteria (1" or 2.5 x impervious}. 8. Proposed 10-foot Utility Easement not required, project is on City property. 9. Relocate water meter so back of meter box is placed at the right-of-way line per City standard detail PW 9.1 a for a Typical Service Connection. 10.Indicate proposed 4-inch fire and 2-inch water service lines under driveway will be sleeved. Site Plan Review and Appearance Board Staff Report: Meeting 10/14/09 Fire Station #3 - Class V Site Plan, Landscape Plan, Architectural Elevations Page 5 11. Revise proposed sanitary sewer service line so it's routed from the second cleanout from proposed building at a diagonal to existing 6-inch sanitary sewer line. Provide a cleanout at tie-in location, on customer side of property line at a maximum distance of 18-inches. - _-__ LANDSCAPE'. ANALYSIS ----- _ . The City Horticulturalist has reviewed the proposed landscape plan and found that it substantially complies with LDR Section 4.6.16. The proposed landscaping consists of Jamaica Caper trees, Orange Geiger trees, Silver Buttonwood trees, East Palatka Holly trees, Eastern Red Cedar trees, Simpsons Stopper trees, and Sabal Palms. These areas will be under planted with Silver Buttonwood hedges, Cocoplum hedges, Golden Beach Creeper, Firebush, Spider Lily, Dwarf Yaupon, Mutely Grass, Bahama Cassia, and Seaside Paspalum. Based upon the above, the proposed landscape plan will comply with LDR Section 4.6.16. Landscape Technical Items: The following Landscape Plan item remains outstanding and will need to be addressed prior to issuance of a building permit. 1. That an irrigation plan be submitted during the permitting process. -- E ARCHITECTItRAL ELEVATIONS-=-~ Pursuant to LDR Section 4.6.18(E), the following criteria shall be considered; by the Site Plan Review and Appearance Board, in the review of plans far building permits. If the following criteria are not met, the application shall be disapproved. a) The plan or the proposed structure is in conformity with good taste, good design, and in general, contributes to the image of the City as a place of beauty, spaciousness, harmony, taste, fitness, broad vistas, and high quality. b) The proposed structure, or project, is in its exterior design and appearance of quality such as oat to cause the nature of the local environment or evolving environment to materially depreciate in appearance and value. c) The proposed structure, or project, is in harmony with the proposed developments in the general area, with the Comprehensive Plan, and with the supplemental criteria which may be set forth for the Board from time to time. The building has a contemporary interpretation of the Florida vernacular style. The building will have a silver standing seam metal roof. The walls are finished with a formed stucco siding that will be painted light green (Turquoise Mist}. The horizontal and vertical trim, doors, columns, and bands will be painted off white (Atrium White}. The Bahama shutters will be painted dark green (Grenadier Pond). The building base and secondary wall areas will be painted light green (Thornton Sage). The proposed building will be a significant aesthetic improvement to the property and will be aesthetically compatible with the surrounding neighborhood. Based on the above, a positive finding can be made that the fire station complies with LDR Section 4.6.18(E}. Site Plan Review and Appearance Board Staff Report: Meeting 10/14/09 Fire Station #3 - Class V Site Plan, Landscape Plan, Architectural Elevations Page 6 REQUIRED FINDINGS 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. LDR Section 3,1.1 {A} -Future Land Use Map: The subject property has a CF (Community Facilities) Future Land Use Map and Zoning Map designation. Fire stations are a permitted use within the CF zoning district. Based upon the above, a positive finding with respect to consistency with the Future Land Use Map designation can be made. LDR Section 3.1.1{B} -Concurrency: As described in Appendix "A", a positive finding of Concurrency can be made as it relates to water and sewer, streets and traffic, drainage, parks and recreation, schools, and solid waste, LDR Section 3,1.1 (C} -Consistency (Standards for Site Plan Actions): As described in Appendix "B", a positive finding of consistency can be made as it relates to Standards for Site Plan Actions. LDR Section 3.1.1{D} -Compliance with the Land Development Regulations, As described under the Site Plan Analysis section of this report, a positive finding of compliance with the LDR can be made, when all outstanding items attached as conditions of approval are addressed. COMPREHENSIVE PLAN POLICIES: A review of the objectives and policies of the adopted Comprehensive Plan was conducted and the following applicable objectives and policies are noted: Future Land Use Element Objective 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, topographic, and other applicable physical considerations; encourage affordable goods and services, are complementary to and compatible with adjacent land uses; and fulfill remaining land use needs. There are no special physical or environmental characteristics of the land that would be negatively impacted by the fire station. The property is surrounded on the north and east by single family residential property, on the west by the Southridge Condominiums, and on the south by the Linton International Plaza. There are no known conflicts between the existing Site Plan Review and Appearance Board Statt Report: Meeting 10/94/09 Fire Station #3 - Class V Site Plan, Landscape Plan, Architectural Elevations Page 7 fire station and the surrounding uses and the new fire station will not create an incompatibility with these surrounding uses. Housing_Obiective 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 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. The proposed redevelopment will not generate an impact on the surrounding neighborhood. As an essential public service, the new fire station will be an asset to the neighborhood. Further, the architectural design of the building will be a vast improvement over the aesthetics of the existing building. The new 6-foot high masonry wall along the north and east sides of the property will enhance the buffer of the property from the adjacent single family residences. LDR Section 2.4.5 F 5 - Com atibili Site Plan Findin s : The approving body must make a finding that development of the property pursuant to the site plan will be compatible and harmonious with adjacent and nearby properties and the City as a whole, so as not to cause substantial depreciation of property values. The subject property is bordered to the north by R-1-A (Single Family Residential); to the south by PC (Planned Commercial); and to the east and west by RM (Medium Density Residential). The surrounding land uses are the Southridge single family neighborhood to the north, the Linton International Plaza to the south, a single family residence and undeveloped property to the east, and the Southridge Condominium to the west, As discussed above in the analysis of Future Land Use Element Objective A-1 and Housing Element Policy A-11.3, positive findings can be made with respect to the compatibility of the proposed development with the adjacent properties. The development proposal will be compatible and harmonious with the adjacent properties and a positive finding can be made with regard to LDR Section 2.4.5(F)(5). -- _ - REVIEW BY OTHERS The subject property is not located in an area requiring review by an advisory Board or Agency. Courtesy Notices: Courtesy notices have been sent to the following homeowner's andlor civic associations: Site Plan Review and Appearance Bvard Staff Report: Meeting 10/14/09 Fire Station #3 - Class V Site Plan, Landscape Plan, Architectural Elevations Page 8 ^ Neighborhood Advisory Council ^ Southridge Condominiums ^ The Woods of Southridge Letters of objection or support, if any, will be presented at the SPRAB meeting. __ - ,, D CONCLUSIQN ASSESSMENT AIV . ,,,,,,~ _ The proposed development involves the demolition of the existing fire station and construction of a new fire station. The proposed redevelopment will not generate a significant additional impact on the surrounding neighborhood. The new building will modernize the fire service to the community and improve the living conditions of the personnel. The project will be consistent with the policies of the Comprehensive Plan and Land Development Regulations Section 2.4.5(F)(5) provided the attached conditions of approval are addressed. ___ A~.TER-NAT#VE ACTI~NS_ ___ A. Postpone with direction. B. Move approval of the waivers and Class V site plan, landscape plan, and architectural elevations for Fire Station #3, 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 2.4.5(F)(5), Section 2.4.7(8)(5), Section 4.6.18(E), and Chapter 3 of the Land Development Regulations, subject to the attached conditions of approval. C. Move denial of the waivers and Class V site plan, landscape plan, and architectural elevations for Fire Station #3, by adopting the findings of fact and law contained in the staff report, and finding that the request is inconsistent with the Comprehensive Plan and does not meet criteria set forth in Section 2.4.5{F)(5), Section 2.4.7(8)(5), Section 4,6.'I 8{E), and Chapter 3 of the Land Development Regulations. STAFF REC~MIVIENDATiON By Separate Motions: Waiver: 1. Recommend approval to the City Commission of the waiver to LDR Section 4.6.9(D){3}{a), which allows a maximum width of 36 feet for driveways (48 feet 8 inches proposed), based on a positive finding with respect to LDR Section 2.4.7(8)(5). 2. Recommend approval to the City Commission of the waiver to LDR Section 4.6.9(D}{4)(d), which requires a standard aisle width of 24 feet for normal traffic flow with perpendicular parking and a minimum width of 20 feet for short distances when there are parking spaces entering therein ('[ 5 feet proposed), based on a positive finding with respect to LDR Section 2.4.7(8)(5). Site Plan Review and Appearance Baard Staff Report: Meeting 10/141Q9 Fire Station #3 - Class V Site Plan, Landscape Pian, Architec#ural Eievations Page 9 Site Plan: Move approval of the request for Class V site plan approval for Fire Station #3, 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(F)(5} and Chapter 3 of the Land Development Regulations, subject to the following conditions: Address all Site Plan and Engineering Technical Items and submit three (3) copies of the revised plans. Landscape Plan: Approve the landscape plan for Fire Station #3 based on positive findings with respect to Section 4.6.16 of the Land Development Regulations, subject to the condition that the landscape technical item is addressed. Elevations: Approve the proposed elevations far Fire Station #3 based on positive findings with respect to LDR Section 4.6.18(E). Attachments: Appendix "A" Appendix "B" Site Plan, Landscape Plan, and Architectural E=legations Report prepared by: Scott D. Pape, AICP. Senior Planner Site Plan Review and Appearance Board Staff Repor#: Meeting 10/14/09 Fire Station #3 - Class V Site Plan, Landscape Plan, Architectural Elevations Page 10 APPENDIX "A" CQNCURRENCY FINDINGS Pursuant to LDR Section 3.1.1(B}, concurrency, as defined pursuant to Objective B~2 of the Land Use Element of the Comprehensive Plan, must be met and a determination made that the public facility needs of the requested land use andlor development application will not exceed the ability of the City to fund and provide, or to require the provision of, needed capital improvements far the following areas: Water and Sewer: Water service is available to the site via lateral connection to an existing 6 inch main along the west side of the property. Sewer service is available to the site via and existing 6 inch sewer main along the west side of the property. Pursuant to the Comprehensive Plan, treatment capacity is available at the City`s Water Treatment Plant and the South Central County Waste Water Treatment Plant far the City at build-out. Based upon the above, positive findings can be made with respect to this level of service standard. Streets and Traffic: The impact on the surrounding road network will not change with the proposed demolition of the existing fire station and construction of the new facility in terms of traffic concurrency. Therefore a positive finding can be made with respect to this level of service standard. Parks and Recreation Facilities: There are no impacts on parks and recreation facilities associated with the proposed fire station. Solid Waste: The Solid Waste Authority has indicated that its facilities have sufficient capacity to handle all development proposals until the year 2021. There will be no additional impacts on this level of service associated with the proposed redevelopment. Drainage: Drainage is proposed to be accommodated via sheet flow to exfiltration trenches. However, the Engineering Division has indicated that drainage needs to be accommodated on-site via pervious pavers in lieu of exfiltration trenches and that the proposed exfiltration trench within the Linton Boulevard right-of way is prohibited. A technical item is attached that the drainage be provided via pervious pavers and that the exfiltration trench within the public right-of--way is prohibited. There will be no impact on drainage as it relates to this level of service standard, provided the Engineering Division technical comments are addressed. Schools: School concurrency findings do not apply for non-residential uses. Thus, the proposed development will not have an impact with respect to this level of service standard. STANDARDS FAR SI N ACTIC)NS A. Building design, landscaping, and lighting (glare) shall be such thaf fhey do not create unwarranted distractions or blockage of visibility as it pertains fo traffic circulation. Not applicable Meets intent of standard X Does not meet intent B. Separation of different forms of fransporfafion shall be encouraged. This includes pedestrians, bicyclisfs, and vehicles in a manner consistent with policies found under Objecfives D-1 and D-2 of the Transportation Element: Not a plicable Meets intent of standard X Does not meet intent C. Open space enhancements as described in Policies found under Objective B-7 of the Open Space and Recreation Flement are appropriately addressed. Nat a licable Meets intent of standard X Does not meet intent D. The City shall evaluafe the effect that any street widening or traffic circulation modification may have upon an existing neighborhood. If it is determined that fhe widening or modification wil! be detrimental and result in a degradation of fhe neighborhood, fhe projecf shall not be permitted. Not applicable ~ X Meets intent of standard Does not meet intent E. Development of vacant land which is zoned for residential purposes shall be planned in a manner which is consr"stent with adjacent development regardless of zoning designations. Not applicable ~ X Meets intent of standard Does not meet intent F. Property shall be developed or redeveloped in a manner so fhaf the future use and intensity are appropriate in terms of soil, topographic, and other applicable physical considerations; complementary to adjacent land uses; and fulfills remaining land use needs. Not a licable Meets intent of standard X Does not meet intent Appendix "B" Standards for Site Plan Actions Page 2 G. Redevelopment and the development of new Iand shall result in the provision of a variety of housing Types which shall continue to accommodate the diverse makeup of the Cify's demographic profile, and meet the housing needs identified in the Housing Element. This shall be accomplished through the implementation of policies under Objective B-2 of the Housing Element Not applicable X Meets intent of standard Does not meet intent H. The City shall consider the effect that the proposal will have on the stability of nearby ner"ghborhoods. Factors such as noise, odors, dust, traffic volumes and circulation patterns shall be reviewed in Perms of (heir potential fo negatively impact the safety, habitabilify and stability of residential areas. If if is determined that a proposed development will result in a degradation of any neighborhood, the project shall be modified accordingly or denied. Not a licable Meets intent of standard X Does not meet intent I. Development shall not be approved if Traffic associated with such development would create a new high accident location, or exacerbafe an existing situation causing it to become a high accident location, without such development taking actions fo remedy the accident situation. Not a ~licable Meets intent of standard X Does not meet intent J. Tof lots and recreational areas, serving children from toddler to teens, shall be a feafure of all new housing developments as part of the design to accommodate households having a range of ages. This requirement may be waived or modified for residential developments locafed in fhe downtown area, and for infill projects having fewer than 25 units. Not applicable ~ X Meets intent of standard Does not meet intent MEMORANDUM TO: Mayor and City Commissioners FROM: Bob Diaz, Construction Manager Richard C. Hasko, Environmental Services Director THROUGH: David T. Harden, City Manager DATE: October 28, 2009 SUBJECT: AGENDA ITEM 9.B. -REGULAR COMMISSION MEETING OF NOVEMBER 3, 2009 CONTRACT ADDITION (C. O. N0.6) WEST CONSTRUCTION, INC./MILLER PARK IMPROVEMENTS ITEM BEFORE COMMISSION This item is before the Commission to approve a Contract Addition (C. O. No. 6) in the amount of $74,550.00 for renovations to the Little Fenway Ball Field as an addition to the Miller Park Improvement Project #2006-052. BACKGROUND The reconstruction of the Miller Park Facility commenced in March of 2009 and is approximately sixty percent complete to date. When completed in early 2010 patrons will discover improvements that include four new ball fields with sports lighting, a two story concession stand building housing a press box, meeting room and restroom facilities. Additional enhancements include a skinned practice field, pitching wall, batting cages, pitching mounds, pavilion, reconfigured parking lot, irrigation and landscaping. A fifth base ball field with concession stand and restroom facility is designed specifically for the Miracle League of Delray Beach and includes synthetic type cushioned turf to help prevent injuries, wheelchair accessible dugouts, and a completely flat surface, eliminating any barriers to the wheelchair bound or visually impaired players. The Miracle League program provides children with mental or physical challenges the chance to play baseball as a team member of an organized program. During the Miller Park design phase, Fenway field improvements were limited to the following; dugouts, outfield fence and backstops. It has been determined that the playing field in its current condition poses a hazard to player safety with its uneven playing surface, sod ruts and inability to properly drain after rain events. As a result the City procured the attached proposal to complete improvements consistent with the balance of the renovated facility. Contractor proposal Exhibit "A", Change Order No. 6 is attached hereto for your reference. FUNDING SOURCE Funding is proposed from account 334-4173-572-63.90, General Construction Fund/Miller Park/Other Improvements, after budget transfer. RECOMMENDATION Staff recommends approval of the Contract Addition (Change Order No. 6) in the amount of $74,550.00 for renovations to the Little Fenway Ball Field as part of the Miller Park Improvements Project. CITY OF DELRAY BEACH CHANGE ORDER TO ORIGINAL CONTRACT CHANGE NO. 6/ Contract Addition PROJECT NO. 2006-052 DATE: PROJECT TITLE: Miller Park Improvements TO CONTRACTOR: West Construction, Inc. YOU ARE HEREBY REQUESTED TO MAKE THE FOLLOWING CHANGES IN THE PLANS AND SPECIFICATIONS FOR THIS PROJECT AND TO PERFORM THE WORK ACCORDINGLY, SUBJECT TO ALL CONTRACT STIPULATIONS AND COVENANTS. JUSTIFICATION: Contract addition for renovations to the Little Fenway Ball Field regarding the Miller Park Improvements Project #2006-052 SUMMARY OF CONTRACT AMOUNT/CHANGES ORIGINAL CONTRACT AMOUNT $5,436,917.00 COST OF CONSTRUCTION CHANGES PREVIOUSLY ORDERED $ 363,816.98 ADJUSTED CONTRACT AMOUNT PRIOR TO THIS CHANGE ORDER $5,800,733.98 COST OF CONSTRUCTION CHANGES THIS ORDER $ 74,550 .00 ADJUSTED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER $5,875,283.98 PERCENT INCREASE THIS CHANGE ORDER 1.37% TOTAL PERCENT INCREASE TO DATE 8.06% TOTAL CONTRACT TIME WILL BE INCREASED BY 0 DAYS CERTIFIED STATEMENT: I hereby certify that the supporting cost data included is, in my considered opinion, accurate and that the prices quoted are fair and reasonable. West Construction, Inc. (Contractor to sign & seal) TO BE FILLED OUT BY DEPARTMENT INITIATING CHANGE ORDER Funding is available from account: 334-4173-572-63.90 (after budget transfer) DEPARTMENT FUNDING CERTIFIED BY DELRAY BEACH, FLORIDA by its City Commission RECOMMEND: Environmental Services APPROVED: City Attorney By: Mayor ATTEST: By: City Clerk S:~EngAdmin~Projects~2006~2006-052VOFFICIAUCO 6 West Miller Park GC L02809.doc ~~ ~9 WEST CONSTF2UCTION, INC. 318 S. pixie l~wy. Suite 4 _ 5 Lake Worfh, FL 33460-4452 Phane (661) 588-'1027 Eax (561) 582-94'19 Mr. Hasko City of Delray Beach 434 South Swinton Ave Delray Beach, Fl 33444 Dear Mr. Hasko, We are pleased to provide our proposal for the Little Fenway Field Renovation at Miller Park, Delray Beach, Florida. SCOPE OF WORK: The contract is limited to the work and identified in the inclusions and exclusions. Cost Prepare Field with Bleckavator 6,125.34 New Clay 2,016.00 Laser Grade 5,766.57 Sod 27,892.16 Top Dress 2,461.0 7 Fertilizer ?_,461.07 Roll new Sod 1,203.19 Round up 6,125.34 ]rrigation Design/Build 16,649.26 Mowing 3,850.00 Qty YJnit of Umit JPp•lce 1Vteasure (09381 sf 0.056 60 to 33.6 128146 sf 0.045 109381 sf 0.255 109381 sf 0.0225 109381 sf 0.0225 (09381 sf 0.011 109381 sf 0.056 l is l 6,649.26 l Is 3,850.00 T®TAll, $74,550.00 EXCLUSIONS: Hazardous material testing or removal Excess spoils removal GUARANTEE: The work is guaranteed from defects In workmanship and materials for one (1) year from date of substantial completion. INSURANCE: West Construction Inc. shall purchase and maintain General Liability and Worker's Compensation Insurance which will protect him and the Owner from Claims resulting from the contracted operations under the Proposal. West Construction Inc. shall submit a Certificate of Insurance prior to the commencement of any work contracted. CONSIDERATION: The Owner/Contractor shall pay West Construction Inc. the lump sum of $74,550.00 for performing the worlcin accordance with the terms and conditions contained herein. ,~ ~~ld~~tl~ii)y Submitted, `'~ ~' ~,,,~ a, ~~~ ,~:.~ ~`~1at'tltd"~ . W`cst '~ fi Secretary.~~~~`'~ West Co~S"yti•ti~ n Inc. CCNEI~AL C(3N`l"I~ACTUI=25 CONSTRUCTION NIANAC~ERS DESIGN/EUILD SERVICES CQC0079t;8 C8C057038 CSC1251192 MEMORANDUM TO: Mayor and City Commissioners FROM: Bruce Koeser, Human Resources Director THROUGH: David T. Harden, City Manager DATE: October 29, 2009 SUBJECT: AGENDA ITEM 9.C. -REGULAR COMMISSION MEETING OF NOVEMBER 3, 2009 RATIFICATION OF COLLECTIVE BARGAINING AGREEMENT/POLICE BENEVOLENT ASSOCIATION (POLICE LIEUTENANTSI ITEM BEFORE COMMISSION The item before the Commission is ratification of the Collective Bargaining Agreement between the City of Delray Beach and the Police Benevolent Association (Police Lieutenants). BACKGROUND The attached two-year labor agreement has been ratified by the Police Benevolent Association (PBA). This agreement duration is from September 1, 2009 through September 30, 2011, and provides changes in the following areas: Wages Provides a 5% wage adjustment retroactive to September 1, 2009 and a wage freeze effective October 1, 2009. Hours of Work The work cycle was increased to 84-hours in a two (2) week cycle. RECOMMENDATION Staff recommends ratification of the Collective Bargaining Agreement with the Police Benevolent Association (Police Lieutenants). COLLECTIVE BARGAINING AGREEMENT between the City of Delray Beach and the Police Benevolent Association September 1, 2009 -September 30, 2011 LICE L~UTENANTS CITY OF DELRAY AND POLICE BENEVOLENT ASSOC. CONTRACT LIEUTENANTS TABLE OF CONTENTS Page Preamble 1 Article 1 Recognition 2 Article 2 Dues Check Off 3 Article 3 Union Representation 4 Article 4 Labor-Management Committee 6 Article 5 Bulletin Boards 8 Article 6 Solicitation of or by Employees 9 Article 7 Management Rights 11 Article 8 Hours of Work 17 Article 9 Wages 19 Article 10 Hospitalization Insurance 22 Article 11 Holidays 24 Article 12 Vacation 26 Article 13 Sick Leave 29 Article 14 Leaves of Absence With Pay 32 Article 15 Leaves of Absence Without Pay 33 Article 16 Bereavement Leave 34 Article 17 Miscellaneous Considerations 35 Article 18 Nepotism 37 Article 19 Probationary Period -Promoted Employees 38 Article 20 Seniority 40 Article 21 Promotions 43 Exhibit A Promotion in the Police Department 45 Article 22 Physical Fitness 47 Article 23 Outside Employment 48 Article 24 Resignation 50 Article 25 Non-Applicability of Civil Service Act and Civil Service Rules and Regulations 52 Article 26 Compre. Alcohol & Drug Abuse Policy for City of Delray Beach Police Dept.Empl. 53 Article 27 Damage to City Property 61 Article 28 Discipline 63 Article 29 Absence Without Leave 68 Article 30 Police Bill of Rights 69 Article 31 No Strike 70 Article 32 Personnel Documents 72 Article 33 Uniform Allowance 73 Article 34 Disability Insurance 74 Article 35 Sick and Vacation Pay-out Accruals 75 Article 36 Take Home Vehicle Plan 76 Article 37 Grievance Procedures 77 CITY OF DELRAY AND POLICE BENEVOLENT ASSOC. CONTRACT LIEUTENANTS Article 38 Workers' Compensation Article 39 Retiree Insurance Article 40 Contract Constitutes Entire Agreement of the Parties Article 41 Severability and Waiver Article 42 Duration, Modifications, and Termination Article 43 Amendments Article 44 Execution of Agreement 88 89 90 91 92 93 94 CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2009-2011 This Agreement is entered into by the employer, the City of Delray Beach, Florida, a Florida municipal corporation, hereinafter referred to as "City", and the Police Benevolent Association, hereinafter referred to as the "P.B.A.", for the purpose of promoting harmonious relations between the City and the bargaining unit represented by the P.B.A., hereinafter referred to as "members" or "employees", to establish an orderly and peaceful procedure for settling differences which might arise and to set forth the basis and full agreement between the parties concerning rates of pay, wages, hours of work, and other conditions of employment. The terms, provisions, and conditions of this Agreement shall have no retroactive effect, but shall only commence upon the effective date of this Agreement unless a specific article or provision of this Agreement provides otherwise. 1 CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2009-2011 ARTICLE 1 RECOGNITION The City of Delray Beach recognizes the Police Benevolent Association (the P.B.A.) as the certified bargaining agent for all employees in the bargaining unit for all matters relating to wages, hours, and terms and conditions of employment. Section 2 The bargaining unit represented by the P.B.A. under this Agreement shall include all regular, full-time sworn law enforcement officers with a rank of Police Lieutenant. Excluded from the bargaining unit shall be all non-sworn employees of the Police Department, Police Officers, Police Sergeants, Captains, Majors, the Chief of Police, and the Internal Affairs Lieutenant. n_~i_ _~ 7 Correspondence, communications, or notices required by law or otherwise pertaining to bargaining unit members' wages, hours and terms and conditions of employment shall be directed to: John Kazanjian, President Palm Beach County Police Benevolent Association, Inc. 2100 N. Florida Mango Road Attention: General Counsel 2 CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2009-2011 ARTICLE 2 DUES CHECK OFF Employees of the bargaining unit may make arrangements with the City for a payroll deduction of P.B.A. dues. Upon receiving a proper request from the employee, the City will deduct such dues from the subject employee's compensation and remit the amount deducted to the P.B.A. The P.B.A. agrees to indemnify, defend, and hold the City harmless from and against all claims, costs, demands, expenses, judgments, or other liabilities on account of dues erroneously collected by the City and/or remitted to the P.B.A. The P.B.A. further agrees to refund to the City any amounts paid to the P.B.A. in error, upon presentation of proper evidence thereof. 3 CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2009-2011 ARTICLE 3 UNION REPRESENTATION The City agrees that during the term of this Agreement it will deal only with the authorized representatives of the P.B.A. in all matters requiring mutual consent or other official action called for by this Agreement. The P.B.A. agrees to notify the City Manager and the Police Chief, in writing, of the names of such authorized representatives as of the execution of this Agreement and replacements therefore during the term of this Agreement. Section 2 The P.B.A. likewise agrees that during the term of this Agreement, the P.B.A. and the employees covered hereunder shall deal only with the City Manager or his representative in matters requiring mutual consent or other official action. The P.B.A. may designate two (2) general representatives, in addition to its attorney, whose right it shall be to represent the employees in the bargaining unit, at those times set forth in this Agreement in which such employees are entitled to representation. Notice by the City to the representative, or to his designee in the absence of the representative, shall be notice 4 CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2009-2011 to all representatives, c/o the Delray Beach Police Department address. Employees shall retain the option of proceeding individually or being represented by a person of their own choosing. 5 CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2009-2011 ARTICLE 4 LABOR-MANAGEMENT COMMITTEE There shall be a Labor-Management Committee consisting of the following employee-management representatives: (1) Two (2) bargaining unit representatives, as designated by the P.B.A. (2) Two (2) management Police Department employees, as designated by the Police Chief. Section 2 Meetings of this committee may be scheduled at the request of either party upon five (5) days notice in advance. The party requesting such a meeting shall forward to the designated representative of the other party an agenda specifying those questions/issues to be presented for discussion. The time, place, and duration of discussion shall be determined by the City. The sole function of the Labor-Management Committee shall be to discuss general matters pertaining to employer-employee relations. The Committee shall not engage in collective bargaining or the resolution of grievances. 6 CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2009-2011 [+. ..1. ~.~ A The City will endeavor to schedule such committee meetings so as not to unduly interfere with the regularly scheduled shift of any bargaining unit member designated to attend. The P.B.A. shall submit to the City Manager (or his designee) in advance, and keep current, a list of those bargaining unit members who will be designated for said Committee. 7 CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2009-2011 ARTICLE 5 BULLETIN BOARDS The P.B.A. may provide one (1) serviceable, locked and glass-encased bulletin board in the Police Department building for use by the P.B.A. in posting notices of P.B.A. business and activities. All materials posted must be signed by the lieutenant of the P.B.A., who shall be held responsible for the content of such materials. A copy of all such materials shall be provided to the Police Chief or his designee in advance of such posting. The bulletins, notices, mobile digital computers, Microsoft Outlook, or materials posted shall contain nothing of a political nature (excluding political material relating to P.B.A. elections) and nothing of a derogatory nature toward the City, its elected officials or employees, as determined by the City. 8 CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2009-2011 ARTICLE 6 SOLICITATION OF OR BY EMPLOYEES Unless specifically authorized by the City Manager, all solicitations among City employees during working hours for commercial, charitable, or union purposes, and selling of tickets, magazines, and other merchandise, is prohibited. Employee organizations, their members, agents, or representatives, or any persons acting on their behalf are hereby prohibited from and shall not be required to: A. Solicit public employees during working hours of any employee who is involved in the solicitation. B. Distribute literature during working hours in areas where the actual work of public employees is performed, such as offices, warehouses, schools, police vehicles, police stations, fire stations, and any similar public installations. This section shall not be construed to prohibit the distribution of literature during the employee's lunch hour or in such areas not specifically devoted to the performance of the employee's official duties. 9 CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2009-2011 C. Solicit for commercial, charitable, or union purposes, and sell tickets, magazines, or other merchandise while in City uniform or attire, or while using City vehicles or equipment. 10 CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2009-2011 ARTICLE 7 MANAGEMENT RIGHTS The City exclusively reserves and retains all rights, powers, prerogatives and authority customarily exercised by management and held or exercised by the City prior to the certification of the P.B.A., except as limited by law or expressly modified by this Agreement. Section 2 The City of Delray Beach shall have the right, subject only to express restrictions in this Agreement, and subject to the PBA's right if any to impact bargain, to exercise its own discretion unilaterally on all of the following matters, whatever may be the effect on employment, when in its sole discretion it may determine it is advisable to do any or all of the following: 1. To manage and administer the affairs of the City generally. 2. To decide the purpose of each of its constituent agencies. 3. To set standards of service to be offered to the public. 11 CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2009-2011 4. To exercise control and discretion over its organization and operation. 5. To direct its employees. 6. To relieve its non-probationary employees from duty because of lack of work and other legitimate reasons, to remove a promoted probationary employee from the position to which he was promoted. In the event a promoted probationary employee is removed for failure to satisfactorily perform job duties, he/she shall be returned to the position from which he/she was promoted (and this shall not be construed as a limitation upon or a waiver of the City's right to discharge or discipline such a promoted probationary employee). The City may likewise remove other promoted probationary employees which may be necessary because of the return of this employee to his former position. 7. To relieve other probationary employees from duty for any reason. 8. To determine and redetermine work schedules. 9. To maintain order and efficiency in its operations. 10. To determine and redetermine starting and quitting times, in which case the City shall provide to the affected employees five (5) calendar days notice in advance of any changes in such starting and quitting times, except that no such advance notice shall be 12 CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2009-2011 required in cases of emergency as determined by the City. 11. To determine and redetermine the number of hours to be worked, in which case the City shall provide to the affected employees five (5) calendar days notice in advance of any changes in such number of hours to be worked, except that no such advance notice shall be required in cases of emergency as determined by the City. 12. To require employees to submit to a medical examination by a physician designated by the City. 13. To promulgate rules and regulations for its employees not in conflict with the provisions of this Agreement. 14. To set the standards and procedures for application, testing, selection procedures, and appointment to positions in the Police Department. 15. To take disciplinary action against employees who violate any provisions of this contract or any rules and regulations promulgated by the City not in conflict with the provisions of this Agreement. 16. To enforce and make amendments to the General Orders at any time, and to enforce the provisions in such General Orders against both probationary and non- probationary members of the bargaining unit, and to take disciplinary action against employees for failure to follow the provisions of such General Orders. However, the exercise of such rights by the City shall 13 CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2009-2011 not necessarily preclude employees or their representatives from raising grievances, should decisions on the above matter set forth in this subsection have the practical consequence of violating the terms and conditions of this Agreement. 17. Under reasonable circumstances, to dismiss or otherwise relieve from duty employees who have contracted or developed some mental or physical ailment or defect which incapacitates him/her for duty in the City service. 18. To require enhanced supervision of both probationary and non-probationary employees under reasonable circumstances. 19. To hire, promote, demote, evaluate, compensate, transfer, assign, direct, layoff, recall, or reward employees. 20. To determine, re-determine, and direct the policies, mode, and methods of performing work of any sort. 21. To determine the qualifications for and to select its employees. 22. To determine the size and composition of its work force. 23. To assign overtime work and to select persons to perform such overtime work, subject to existing practices of equitable distribution of overtime opportunities. 14 CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2009-2011 24. To determine the number and types, and to control, regulate, or discontinue the use, of vehicles, equipment, processes, materials, supplies, and other property, to be used, operated, or distributed. 25. To institute and establish new methods and procedures of training of unit employees, and to engage in such training methods and procedures. 26. Subject to any legal rights of incumbent employees to the contrary, to determine and redetermine job content, job descriptions, and all qualifications for job classifications. 27. To determine the amounts and types of work to be performed by employees. 28. To determine whether and to what extent the work required in its operations shall be performed by employees covered by this Agreement. 29. To use managerial, supervisory, or other non-unit employees to perform work performed by employees of the unit. 30. To open new facilities, and to transfer its operations or any part thereof to such new facilities, and to transfer or assign employees to new facilities. 31. To subcontract all or any part of its functions, operations, or work. 32. Subject to any legal rights of incumbent employees to the contrary, to expand, reduce, alter, combine, 15 CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2009-2011 transfer, assign, cease or create any job, job classification, department or operation. 33. To introduce new, different, or improved methods, means, processes, maintenance, service, and operations. 34. To discontinue conduct of its mission or operations in whole or in part. 35. To take all actions necessary to ensure compliance with federal and state equal employment opportunity laws, including, but not limited to, Title VII of the Civil Rights Act of 1964 and the Americans With Disabilities Act of 1990. 36. Except as specifically provided in this Agreement, to have complete authority to exercise those rights and powers which are incidental to the rights and powers enumerated above. 16 CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2009-2011 ARTICLE 8 HOURS OF WORK The regular work schedule shall be eighty four (84) hours in a 2-week cycle. The number of hours per day and days per week shall be determined by the Police Chief. Work schedules of bargaining unit members shall be established and implemented in the sole and exclusive discretion of the Police Chief. Section 2 It is recognized and understood that deviations from the foregoing normal schedules of work will be necessary and will unavoidably result from several causes, such as but not limited to: rotation of shifts, vacation, leaves of absence, weekend and holiday duty, absenteeism, employee requests, temporary shortage of personnel, and emergencies. No such deviation shall be considered a violation of this contract. Recognizing that the Department has an obligation to provide sufficient manpower, the City will attempt to avoid causing an employee covered by this Agreement to work two (2) consecutive shifts, except in unusual circumstances as determined by the Chief of Police or his authorized designee. n_~i_ _~ 7 For all employees the scheduled work day shall be broken down into fifteen (15) minute segments. An employee shall be 17 CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2009-2011 noted as late for work if he/she does not report ready for work at his/her work station at his/her starting time. Section 4 The parties acknowledge that the employees in the bargaining unit are exempt from the overtime requirements of the Fair Labor Standards act. An employee who is temporarily and continuously assigned by the proper authority to perform the duties of a higher classification for more than five (5) consecutive shifts, will be compensated for the time spent in the higher classification at a rate of five percent (50) above his/her regular base salary. Once additional compensation commences, it will be paid retroactive to when the employee first began the continuous service as an acting supervisor, and shall continue until the employee's continuous service in the higher classification ceases. 18 CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2009-2011 ARTICLE 9 WAGES Section 1 It is agreed between the parties that the salary schedule for bargaining unit employees is as follows: Fiscal Year 2009-2010 Minimum Maximum Police Lieutenant $67,523 $108,037 Fiscal Year 2010-2011 Minimum Maximum Police Lieutenant $67,523 $108,037 *based on a 40 hour work week. Effective September 1, 2009, all Police Lieutenants who are currently on the payroll as of September 1, 2009 shall be eligible for a 5o wage adjustment. This is an annual rate and shall be calculated and paid on an hourly basis. Section 3 Effective October 1, 2009, employees of the bargaining unit shall not be eligible to receive an individual performance merit increase. Wage increases shall be frozen. 19 CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2009-2011 Section 4 Either party may re-open Article 10, by notifying the other party no later than May 1, 2010. Section 5 Night Shift Incentive - Employees who work evening shifts shall be paid an incentive. Accordingly, an assignment where the majority of the shift hours occur after 5:00 p.m. shall be paid at the rate of $.75 per hour. Educational Incentive Compensation - Employees covered by this agreement who possess or obtain a Bachelor's and/or Associate Degree levels of higher education from certified colleges and universities shall receive educational compensation as follows: Bachelor's Degree - $2.00 per hour Associate's Degree - $1.00 per hour The Educational Incentive shall be paid as a bonus outside the salary range and be included in pension calculation. Employees who are fluent (speaking, reading, writing and listening) in Creole or Spanish will be eligible for Language Incentive pay at the rate of $.43 per hour. The Language Incentive shall be paid as a bonus outside the salary range and shall be included in overtime and pension calculation. To be 20 CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2009-2011 eligible for the Language Incentive pay, employees must first pass a language proficiency test given by a vendor selected by the City. Evening/Night Shift Incentive, designed to attract and compensate Lieutenants to work evening and midnight shifts shall be paid on a cent per hour basis. Accordingly, an assignment where the majority of the per shift hours occur after 5:00 p.m. shall be paid at $.75 cents per hour. 21 CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2009-2011 ARTICLE 10 HOSPITALIZATION INSURANCE Section 1 The City agrees to pay the total medical and hospitalization insurance premium for all bargaining unit employees for the coverage that is in effect for general employees. The City may change such coverage, provided that the change in coverage is in conjunction with a change in coverage for a substantial portion of the general employees of the City, and that after such change, the City will pay the total hospitalization premium for all bargaining unit employees under the new coverage. All bargaining unit employees shall pay the total medical and hospitalization insurance premiums for any dependant coverage which they may elect. The parties agree that state or federally mandated health insurance plans may impact the parties rights and obligations. The parties agree that if there are such mandates during the duration of this contract, the impact thereof shall be subject to bargaining. Section 3 The City reserves the right to change the medical and hospitalization insurance carrier, but the level of deductibles 22 CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2009-2011 and insurance benefits provided to bargaining unit employees shall not be reduced during the term of this Agreement. 23 CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2009-2011 ARTICLE 11 The following days shall be holidays for all regular full- time employees: New Year's Day Martin Luther King, Jr.'s Birthday Presidents' Day (3rd Monday in February) Labor Day (1st Monday in September) Memorial Day (last Monday in May) Independence Day Thanksgiving Day Thanksgiving Friday Christmas Eve Christmas Day Personal Holiday (1 per fiscal year) and any other day declared by the City Commission to be a legal holiday. The Personal Holiday will be granted on a date selected by the employee, provided the employee has six (6) consecutive months of regular full-time service with the City. The date selected must be approved by the Police Chief. Shift Lieutenants shall have eleven (11) holidays (88 hours) per fiscal year, the dates for which may be selected in advance by the employee, subject to the approval of the Police Chief or his authorized designee, on any regular scheduled work day during the contract period, provided that no more than three (3) such holidays shall be permitted per calendar month, and the selection by the employee must be made no later than twenty-four (24) hours prior to the date(s) selected. 24 CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2009-2011 Shift Lieutenants, a maximum of 44 hours can be used for pay out of holiday options, and a minimum of 44 hours must be used for time off. The "Working Holiday with pay" computation will only affect the actual amount of holiday hours submitted for during the employee's regular scheduled work day. 25 CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2009-2011 ARTICLE 12 Regular, full-time bargaining unit members shall receive annual vacations, which may be accumulative from year to year, pursuant to the provisions set forth in Section 6, below. Section 2 VACATION ALLOWANCE CHART Years of Continuous Service Over, but less than 0 years 3 years 3 years 7 years 7 years 11 years 11 years Other Full Time Personnel Vacation Hours 8.00/month 9.33/month 10.66/month 12.00/month The accumulation of vacation days at each of the stages referenced above shall commence during the fourth, eighth, or twelfth years, respectively, of continuous service. For example, an employee in his/her fourth year of continuous service would be earning vacation time at the rate of one hundred twelve (112) work hours per year so that at the end of the fourth year of continuous service for that fourth year, the employee would have available one hundred twelve (112) work hours to take during the next year (the fifth year); and, that the rate of one hundred twelve (112) work hours per year vacation time would continue to be accumulated annually in the fifth, sixth, and seventh years of continuous service; the rate 26 CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2009-2011 of one hundred twenty-eight (128) work hours would then be accumulated between the employee's seventh anniversary date and the employee's eighth anniversary date. Section 3 Continuous service shall be considered to be any service in which there has been no interruption by resignation, absence without leave, or by involuntary separation or lay-off in excess of one year. Absence due to military service, injury in line of duty, or sick leave with pay shall not serve to interrupt continuous service unless the employee was employed by another employer during such period of absence. Absence due to leave without pay shall not be construed as an interruption of continuous service, but vacation benefits shall not be accrued during such leave. n_~i_ _~ ~ When legal holidays occur within the vacation period of an employee, the number of such days that are legal holidays shall be added to the normal number of vacation days allowed, or paid as straight time, at the employee's option. .,_ _~_ __ An employee resigning from the service of the City in good standing shall be paid for any vacation credit accumulated prior to resignation, provided: A. He/she has completed one year of continuous service. 27 CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2009-2011 B. He/she gives at least two weeks' written notice of his intent to resign and the written notice or copy of same is filed with the City Manager's office at least two weeks prior to separation. Section 6 Vacation time is subject to the following requirements: The maximum accumulation permitted will not exceed two hundred eighty-eight (288) working hours. All vacations, including those periods made mandatory above, including the timing of such vacation and the actual number of days taken, are made expressly subject to the approval of the Chief of Police and City Manager. 28 CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2009-2011 ARTICLE 13 SICK LEAVE The P.B.A. recognizes that sick leave is not a privilege which an employee may use at his discretion and it shall be allowed only for the following: 1. Employee's injury, illness or quarantine due to exposure to contagious disease. 2. Actual illness of a member of an employee's immediate household (wife, husband or child) where care by the employee is required. Section 2 All regular full-time employees may be given sick leave with pay at the rate of 8 hours for each calendar month of continuous service during which there were no absences without leave, provided: 1. Sick leave credits shall accrue during the first six months of service, but shall not be granted until completion of six months of continuous service. 2. If employment begins on or before the fifteenth day of the month sick leave credit shall be given for the entire month. If employment begins after the fifteenth day of the month sick leave will not be credited until the first day of the following month. 29 CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2009-2011 3. If an employee works less than half the normal work days during a month for reasons other than vacation, sick leave shall not be credited for that month. 4. Sick leave credits shall be available for use on the first day of the month following the month in which earned. The maximum sick leave accumulation that may be accrued is one thousand one hundred twenty (1,120) hours. The employee may bank all unused sick leave each year until the one thousand one hundred twenty (1,120) hours maximum is reached. Section 3 Employees who resign in good standing shall receive pay at their then regular hourly rate for the portion of their accrued sick leave stated below, not to exceed a total payment of five hundred sixty (560) hours: Percentage of Accrued Sick Years of Service Leave to Be Paid 0 - 5 -0- 5 - 10 250 10 - 15 500 15 - 20 750 2 0 or more 1 0 0 0 (at Retirement) or up to 560 hrs in cases other than retirement or death. Employees who retire from the City in good standing after twenty (20) years under the City of Delray Beach Police and 30 CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2009-2011 Firefighters Retirement System shall receive pay at their then regular hourly rate for their total amount of accrued sick leave, not to exceed the maximum allowed accrual of one thousand one hundred and twenty (1120) hours. Section 4 Employees reporting in sick or unable to report for duty must do so not later than thirty (30) minutes prior to their reporting time, except in cases of emergency as determined by the Police Chief. All employees will report to the Communications Section. Reporting must be done by the employee himself/herself, and any failure to report shall be considered as absence without leave. The Police Chief or his designee may investigate absences on account of sickness to determine their validity. When absence is for three or more working days, the Police Chief may require the employee to provide a certificate from a physician, certifying to the actual disability of the employee, or may require a letter from the employee explaining the reasons for such absence. Violations of this policy may result in discipline up to and including termination. n_~i_ _~ c In case of death of an employee, payment for unused sick leave, pursuant to Section 3, shall be made to the employee's beneficiary, estate or otherwise provided by law. 31 CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2009-2011 ARTICLE 14 LEAVES OF ABSENCE WITH PAY Employees may be granted leaves of absence with pay upon approval of the Police Chief and the City Manager for the following: A. Jury duty or other required appearances before a court or other public body, except such appearances required because of the personal matters of the employee or his family. B. Official training courses such as conferences, conventions, workshops, or similar meetings approved by the City. 32 CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2009-2011 ARTICLE 15 LEAVES OF ABSENCE WITHOUT PAY Upon written request of an employee and approval by the Police Chief, the City Manager may grant a leave of absence without pay when it will not result in undue prejudice to the interests of the City. 33 CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2009-2011 ARTICLE 16 BEREAVEMENT LEAVE When a death or critical illness, in which death appears to be imminent occurs in the family of an employee, the employee may be allowed three (3) shifts if occurring in the State of Florida and five (5) shifts if occurring outside the State of Florida. For the purpose of this article, family is defined as follows: father, mother, brother, sister, spouse, child, father-in-law, mother-in-law, son-in-law, daughter-in- law, brother-in-law, sister-in-law, grandchild, grandparents, foster parents, foster children, step-children, step-parents or domestic partner as qualified through Palm Beach County's domestic partner registration program. No other persons shall be contained within the definition of family except as specifically set forth herein. Section 2 Bereavement leave will not be charged against sick leave, vacation, or holiday time. Additional time for bereavement leave may be requested by the employee, and if granted by Police Chief and City Manager, shall be charged to one of the foregoing categories. The employee may be required by the Police Chief to furnish evidence of the facts justifying the use of bereavement leave. 34 CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2009-2011 ARTICLE 17 MISCELLANEOUS CONSIDERATIONS Both parties acknowledge that during the term of this agreement the City, with input from members of the Police Department, will agree to further study certain additional matters regarding the employment conditions and terms for bargaining unit employees, including: A. In order to be eligible for the rank of Lieutenant a candidate must meet the following requirements: 1. Must be currently employed as a Sergeant with the Delray Beach Police Department for a minimum period of two continuous years. 2. Must not have been suspended as a result of a disciplinary action within one (1) year of the next written promotional examination. 3. Must have an Associate's Degree or better from an accredited college. Those who have attained the rank of Lieutenant prior to the ratification of this contract are grandfathered in. The P.B.A. agrees that it shall be its obligation to submit in a timely fashion to the City any ideas concerning the above in order for the City to consider same during this contract period; and further, the P.B.A. acknowledges that the City must examine any and all such proposals in light of its City-wide and Department-wide responsibilities and considerations, and that 35 CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2009-2011 although all proposals will be given the appropriate consideration and review, any decisions to accept or reject any and all such proposals shall be within the City's sole discretion. 36 CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2009-2011 ARTICLE 18 No City official or employee in a managerial or supervisory capacity may be appointed, employed, promoted, or advanced in or to a position in any other department where that person would directly exercise regulation or control over any individual who is a relative of the City official or employee. A person who is a relative of a City official or employee may not be appointed, employed, promoted, or advanced in or to a position in any department if the related City official or employee is, or would be, the person's direct supervisor or who would exercise any dominion or control over or otherwise regulate the duties and responsibilities of the person, or if the person would supervise or exercise any dominion or control over or otherwise regulate the duties and responsibilities of the related City official or employee. "Relative", as used herein, means a person who is related by blood, marriage or adoption as father, mother, son, daughter, brother, sister, grandparent, uncle, aunt, first cousin, nephew, niece, husband, wife, father-in-law, mother-in-law, brother-in- law, sister-in-law, stepfather, stepmother, stepson, step- daughter, stepbrother, stepsister, half brother, or half sister. 37 CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2009-2011 ARTICLE 19 PROBATIONARY PERIOD - PROMOTED EMPLOYEES There shall be a probationary period of one year for each employee in the bargaining unit who is promoted to a higher classification within the bargaining unit. This probationary period shall commence from the employee's initial regular assignment to the higher classification. During the one year probationary period, the City Manager or his designee shall have the right to remove the probationary employee from the position to which that employee was promoted with or without cause. Any probationary employee so removed shall have no right to appeal said action under the provisions of this Agreement, or any other policy or procedure. A probationary promoted employee who is removed from the position to which he was promoted, shall return to the position from which he was promoted (however, this shall not be construed as a limitation on or a waiver of the City's right to dismiss or discipline such a probationary promoted employee for just cause). Other probationary promoted employees may also be removed and returned to their former positions if made necessary because of the return of such a probationary promoted employee to his former position. In this event, none of the employees moved back to their former position will have a right to appeal said action under the provisions of this Agreement, or any other policy or procedure. 38 CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2009-2011 e e.. ~ ~ ,.., ~ The Chief of Police, at his sole discretion, may extend the probationary period for a period not to exceed 90 calendar days, during the pendency of an internal affairs investigation. 39 CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2009-2011 ARTICLE 20 The City agrees that seniority shall consist of continuous accumulation of paid service with the Department. It shall be computed from the date of employment as a sworn employee with the Department. Seniority shall accumulate during all approved leaves of absence of thirty (30) days or less and during approved leaves of absence of less than one (1) year when such leaves are due to job related illness or injury. Section 2 In the event of layoff for any reason, the employees shall be laid off in the inverse order of seniority in their classification only. Employees who are affected by a layoff and have received satisfactory performance evaluations during the year preceding the layoff shall have the opportunity to bump. Employees who are affected by a layoff and have received less than satisfactory performance evaluations during the year preceding the evaluations shall, with approval of the Police Chief, have the opportunity to bump. Employees shall be recalled from layoff in the inverse order of layoff (last out, first back) if said employees to be recalled are physically qualified to perform the work available at the time of recall. The City further agrees that no new employees in a particular 40 CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2009-2011 classification will be hired for one (1) year or until all employees in that particular classification on layoff have been given the opportunity to return to work, whichever comes first, in accordance with the provisions of this article. "Recall" from layoff shall mean notifying a laid off employee to return to work by registered mail sent to the last address listed with the Department as his home address or by giving a laid off employee personal notice to return to work. If the affected employee has not responded to recall within three (3) work days of the return receipt date on the recall notice or if the recall notice is returned by the Post Office to the City due to inability to locate the addressee, or if the affected employee has not responded to personal notice recall within three (3) work days, then that employee shall be considered to have refused recall. Section 3 Shift work assignments shall be made according to seniority. For purposes of this section, seniority is defined as the amount of continuous service an employee has in his/her rank. Shift selection shall occur one time annually. 1. All efforts shall be made by the City to abide by seniority as it affects shift work assignments. In those instances where the City determines that the compelling need of the City outweighs the individual employees seniority right to shift selection, that City may veto that selection based upon just cause. 41 CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2009-2011 The affected employee shall have the right to appeal this veto through the chain of command to the level of Chief of Police who shall possess the power of final and binding arbitrator. 2. Management reserves the right to determine the staffing levels. 3. The City shall not make a shift assignment that is arbitrary and capricious. 4. In the event of a vacancy between the described selection period, the filling of that vacancy shall be based on seniority as defined in this section. 42 CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2009-2011 ARTICLE 21 PROMOTIONS Section 1 -- Promotional Procedure The City will announce promotional examinations at least thirty (30) days in advance. A copy of any reference material in the City's possession will be made available. All promotional vacancies shall be filled in accordance with criteria established by the City Manager or his/her designee. Promotional examinations and eligibility for same shall be conducted in accordance with the procedures and requirements set forth in Exhibit A to this contract, a copy of which is attached hereto and made a part hereof. The parties agree that although none of the members of the bargaining unit shall be covered under any Civil Service Act of the City of Delray Beach, the City may utilize the services of the Civil Service Board for the purposes of preparation, monitoring, and scoring of both entrance level and promotional examinations. However, the use of the Civil Service Board by the Personnel Department in such a manner shall not be construed as providing the Civil Service Board with any jurisdiction. Employees do not have the right to file any appeals or grievances with the Civil Service Board relative to the examinations, including, but not limited to the examinations, conditions, scores, and the contents of the examinations themselves. 43 CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2009-2011 Section 2 -- Effect of Promotion on Wages and Employment Anniversary Date (a) When an employee is promoted into a Lieutenant's classification, the employee's wages shall be increased to ten percent (100) more than the employee earned prior to the promotion. In addition, Lieutenants shall receive the 3o ICMA Match as long as other Management Level employees in the City receive this match. Lieutenants shall also receive FLSA Days off with pay according to City Policy. 44 CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2009-2011 PROMOTION IN THE POLICE DEPARTMENT All sworn personnel desiring promotion in the Police Department will be required to take the appropriate promotional examination. In addition to the general requirements for City promotion, employees will be required to meet the following qualifications to be admitted to such examination: A. Anyone taking an examination shall be an employee of the Police Department of the City of Delray Beach at the time of taking such examination. B. An employee within the period of an authorized leave of absence from the Police Department of the City of Delray Beach shall be eligible to take such examination, provided the period of the leave of absence shall not be considered in calculating the "time in grade" requirement of these rules. Written promotional examinations shall be augmented by oral interviews and staff evaluations. The oral interview shall be conducted by members of neighboring law enforcement agencies and/or a city official or community leader within the City of Delray Beach or a neighboring City. The respective weights given to written examinations, oral interviews, and staff evaluations to determine the candidate's total rating shall be: 45 CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2009-2011 Written examination 500 Oral interview 250 Staff evaluation 250 An aggregate score of 70o must be attained to be eligible for promotion. 46 CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2009-2011 ARTICLE 22 PHYSICAL FITNESS Both parties acknowledge that during the contract period, the City may investigate the implementation of a permanent physical fitness program for bargaining unit employees. Should the City so elect, the P.B.A. shall have the opportunity, upon notice in advance, to bargain the content of and the standards for such physical fitness program. However, once so determined by the parties, all employees of the bargaining unit shall be required to participate in the program unless determined medically unable to do so by the City's physician. Employees who refuse or fail to participate in this "transitional physical fitness program" (unless determined medically unable to do so by the City physician), shall be subject to disciplinary action; however, during this transitional period, employees who fail to meet the standard of the program shall not be subject to disciplinary action although the results of their participation shall be kept by the City for statistical purposes. The P.B.A. agrees that during the contract period the City shall provide annual physicals including drug and alcohol screening for all employees of the bargaining unit, and that such annual physicals for employees age 40 and over shall be more comprehensive for such employees at five (5) year intervals. Such annual physicals shall occur within the calendar quarter in which the employee's anniversary date occurs. 47 CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2009-2011 ARTICLE 23 OUTSIDE EMPLOYMENT No member of the bargaining unit may hold outside employment unless the employee's written request for approval of such employment is recommended for approval by the Police Chief and reviewed by Human Resources. The granting of such approval is expressly contingent upon the following: A. Assurance that the employee's City position is of primary importance; B. Consideration of the effect the outside employment may have upon the efficiency of the requesting employee; and C. Determination as to the compatibility of the outside employment with City employment. D. Payment to the City for such services, if applicable, shall be a rate to be set exclusively by the City Manager. Section 2 Application forms for outside endeavors shall be provided to the employee by the City annually and approval of such shall be renewable January first of each year. Outside employment shall be deemed to include ownership or part ownership of a business (but not including ownership of less than a controlling interest of stock of a publicly held corporation), as well as independent contracts by employees to provide labor, services, or materials. 48 CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2009-2011 No member of the bargaining unit may work at any previously approved outside employment, nor at any future outside employment, while said member is on injury leave or restricted duty for a workers' compensation injury, unless additional express approval for such outside employment is obtained by the member from the Police Chief and the City Manager, who shall take into consideration the recommendation(s) from the employee's physician and/or from the City's physician. 49 CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2009-2011 ARTICLE 24 RESIGNATION Any employee who wishes to resign in good standing shall give the Police Chief written notice of his/her intention at least two (2) weeks prior to the date said resignation is to become effective, or shorter notice, with the approval of the Police Chief. Notice of resignation shall be immediately forwarded to Human Resources together with said employee's termination forms. If any employee resigns without giving the required notice, the Police Chief shall notify Human Resources; Human Resources shall enter this fact on the employee's records; and failure to give such required notice of resignation may be considered sufficient reason for rejecting any future application of said employee to reenter City Service. The Police Chief may enter good standing records for an employee who fails to give two (2) weeks notice if he/she feels there were extenuating circumstances. Any employee who is absent from duty for three (3) consecutive shifts without securing approved leave from the employee's superior, may be considered to have resigned without notice. It shall be the duty of the Police Chief to report all unauthorized leaves immediately to Human Resource in the manner 50 CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2009-2011 prescribed. All such unauthorized leaves shall be posted on the employee's records and may be considered in the employee's merit ratings. 51 CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2009-2011 ARTICLE 25 NON-APPLICABILITY OF CIVIL SERVICE ACT, CIVIL SERVICE RULES AND REGULATIONS AND PERSONNEL POLICIES It is understood and agreed that the Civil Service Act and the Civil Service Code of Rules and Regulations of Delray Beach and any amendments thereto and the Personnel Policies shall have no applicability whatsoever to the employees covered by this Agreement except as modified herein. 52 CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2009-2011 ARTICLE 26 COMPREHENSIVE ALCOHOL AND DRUG ABUSE POLICY FOR CITY OF DELRAY BEACH POLICE DEPARTMENT EMPLOYEES The City recognizes that Police Department employees are not immune from problems that confront society in general. The problems of drug and alcohol abuse are widespread throughout our community and nation. In the face of these problems, it is critical that the City of Delray Beach Police Department maintain a working environment free of alcohol and drug abuse. The primary objective of this policy is to provide a safe and healthful work environment for all employees, and thereby provide the highest level of service to the public. I. Definitions A. Alcohol abuse means the ingestion of alcohol or alcoholic beverages, on or off duty, which adversely affects the employee's ability to perform his or her job duties. The use, or being under the influence of alcohol or alcoholic beverages on the job by Police Department employees is strictly prohibited. B. Drug abuse means the ingestion of any controlled substance as defined in Section 893.03, Florida Statutes, as amended from time to time, not pursuant to a lawful prescription. The term drug abuse also includes the commission of any act prohibited by Chapter 893, Florida Statutes, as amended from time to time. 53 CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2009-2011 C. Illegal drugs means any controlled substance as defined in Section 893.03, Florida Statutes, as amended from time to time, not possessed or taken in accordance with a lawful prescription. 22. Physical Fitness and Examinations A. Every applicant for Police Department employment (including applicants for full-time, part-time and volunteer positions), and each re-employed employee may be required to present proof that he or she is physically fit to perform the duties of the job which the applicant or re-employed employee seeks. Applicants for employment may be required to take a physical examination, including blood or urine tests for the presence of illegal drugs. Applicants for employment whose blood or urine is found to contain the presence of illegal drugs shall not be considered fit to perform the duties of the job which the applicant seeks. The physical examination shall be completed prior to the applicant's entry on the job. B. All Police Department employees, including managerial and supervisory employees, are required to take an annual physical examination at such times as may be specified within the calendar quarter in which the employee's anniversary date occurs. C. Any such annual physical examination taken by the Police Department employees shall include a blood/urine test for the presence of illegal drugs and alcohol. 54 CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2009-2011 D. All employees subject to certification by the Florida Department of Law Enforcement shall meet all statutory and regulatory physical and medical requirements for initial certification. E. The City Manager, or the Chief of Police, or an Assistant City Manager, or City Attorney, or Human Resources Director, may also require an employee to take a physical examination, that shall include a blood/urine test for the presence of illegal drugs or alcohol, at any time the City Manager or Police Chief, or Assistant City Manager, or City Attorney, or Human Resources Director reasonably believes that the employee is not physically or medically fit to perform his or her duties. F. Furthermore, the City Manager, or the Chief of Police, or Assistant City Manager, or City Attorney, or Human Resources Director may require an employee to take a physical examination and/or give a urine or blood specimen for testing whenever the City Manager, Chief, or other supervisory employee has a reasonable suspicion that the employee has been on duty, or has reported for duty, under the influence of alcohol or illegal drugs. G. The use of illegal drugs on or off duty by employees of the Police Department is strictly prohibited. The City Manager or the Chief of Police, or Assistant City Manager, or City Attorney, or Human Resources Director may require an employee to take a physical examination and/or give a urine or blood specimen for testing whenever the City Manager, Chief of 55 CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2009-2011 Police, or other supervisory employee has a reasonable suspicion that the employee is using illegal drugs or under the influence of alcohol. A reasonable suspicion is a suspicion which is based on fact derived from the surrounding circumstances from which it is reasonable to infer that further investigation is warranted. H. Random testing for alcohol and/or controlled/illicit drugs shall be performed in conjunction with this Article. Random selections of employees will be made by a third-party contracted firm using a U.S. Department of Transportation (DOT) approved random selection computer program. An employee selected for random testing shall be tested on the day his/her name is selected if on duty. If off-duty, the employee shall be tested on his/her next regular day of work. The total number of random drug tests given per year will not exceed fifty percent (500) of the total number of bargaining unit members. No more than 100 of those selected for drug testing will be tested for alcohol. I. The City will pay the cost of any physical examinations and tests required by this policy. The examination will be performed by medical personnel selected by the City. Employees who take a physical examination or blood/urine test in accordance with this policy shall be required to sign an authorization releasing the records of such examinations and tests to the City. The City shall strictly observe and maintain the confidentiality of such employee medical records to the extent permitted by law. 56 CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2009-2011 J. Any employee who fails or refuses to take a physical examination or give a urine or blood sample in accordance with this policy shall be subject to disciplinary action up to and including dismissal. 222. Blood/Urine Tests for the Presence of Alcohol and Drugs A. In testing for the presence of alcohol, the City shall utilize a generally accepted blood test procedure which produces quantitative results showing the amount of alcohol present in the blood. B. At the time the testing occurs, two (2) specimens of urine and two (2) specimens of blood shall be taken, the first set of which shall be used by the first laboratory and the second set of which shall be used by a second laboratory, if requested. In testing for the presence of illegal drugs and alcohol, the City shall submit the first set of the samples for testing, which, in the first instance, shall utilize an immunochemical assay or radioimmunoassay test on the employee's blood/urine. If the initial test is positive for an illegal drug or alcohol, the same blood/urine specimen shall be subjected to a further test using the gas chromatography, thin layer chromatography or gas chromatography/mass spectrometry method for verification. For non-probationary employees, if both the initial and verification tests are positive for an illegal drug or alcohol, the employee shall receive notification of results from the City in the manner set forth herein. In order to timely provide such notification, the employee shall be 57 CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2009-2011 required to contact by telephone or in person a City representative designated in advance by the City, not later than one (1) hour after a date and time specifically given to the employee for his/her requirement to contact a designated City representative by telephone. At the time the employee makes such contact, the employee must decide whether or not he/she wishes the second set of specimens provided at the initial collection to be further tested by the City. If the employee so requests, then this second set of specimens shall be tested by the City utilizing medical personnel different from that used by the City for the initial test. If the employee fails to contact the City representative within the time frame set forth above, or the employee does not request the testing of the second set of specimens, or if the employee does request the testing of the second set of specimens and it also tests positive for an illegal drug or alcohol, corrective action shall be taken as specified below. IV. Corrective Action A. Applicants for employment whose blood or urine is found to contain the presence of illegal drugs or under the influence of alcohol shall not be considered fit to perform the duties of the job which the applicant seeks. B. Employees (probationary and non-probationary) whose blood or urine is found to contain the presence of illegal drugs, or who have been found to have used or been under the 58 CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2009-2011 influence of illegal drugs or alcohol while on duty, shall be terminated. C. Any non-probationary employee who is found to have engaged in off-duty alcohol abuse which adversely affects the employee's ability to perform job duties may be placed on a leave of absence without pay for a period of up to sixty (60) days. The leave of absence may be extended for good cause by the City Manager up to an additional fifteen (15) days. The employee may use any accumulated sick leave or vacation during the leave of absence. The purpose of the leave of absence is to give the employee an opportunity to rehabilitate himself or herself from abusing alcohol. The City may assist the employee in locating an appropriate program of rehabilitation. Upon the successful completion of the rehabilitation program as certified by a physician designated by the City, the employee shall be eligible to return to City employment in the same or similar position to the one which the employee occupied before his or her leave of absence. Prior to resuming employment with the City, the employee shall be required to take a physical examination which shall include a blood or urine test for the presence of alcohol and/or illegal drugs. The returning employee shall be placed on probationary status for a period of one (1) year following his/her return to City employment. During the one year probationary period, the City may require the employee to take unannounced blood or urine tests for the presence of alcohol and/or illegal drugs. If at any time during the probationary period or thereafter, the employee's blood or 59 CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2009-2011 urine is found to contain the presence of alcohol or illegal drugs, utilizing the double testing procedures set forth in Section III(B), above, the employee shall be subject to disciplinary action, up to and including dismissal. 60 CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2009-2011 ARTICLE 27 DAMAGE TO CITY PROPERTY Each police employee shall exercise due caution in the care and handling of all tools and equipment which may come into his/her custody, or over which he/she may have a degree of control. Any police employee who loses, misuses, or damages through his/her carelessness, negligence and/or intentional misconduct such tools or equipment provided by the City shall be subject to discipline. When in the judgment of the City a tool or piece of equipment is no longer safe or effective, due to normal wear and tear, the defective item shall be turned in to the City for replacement. No defective tool or piece of equipment shall be replaced by the City until the defective item is presented by the employee. All tools and equipment issued to a police employee by the City shall be returned to the City prior to the employee leaving City employment in the same condition as same was issued (normal wear and tear excepted). Section 2 The City will be responsible for full replacement costs for prescription glasses and contact lenses damaged on duty through no negligence of the employee provided the employee presents a replacement receipt at the time of replacement. The City will be responsible for replacement of damaged watches and non- prescription sunglasses up to fifty dollars ($50.00). The City 61 CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2009-2011 will not be responsible for the replacement of jewelry or other personal property carried at the employee's discretion. 62 CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2009-2011 ARTICLE 28 DISCIPLINE The City Manager may at any time dismiss or otherwise discipline any employee for just cause which he considers will promote the efficiency of the City's service. Section 2 The following may be considered grounds for dismissal, or other lesser discipline, including but not limited to demotion or suspension, based on the City Manager's determination of the gravity of the offense; however, dismissal or discipline may be made for causes other than those enumerated: A. Has been found guilty in a court of competent jurisdiction of a felony and/or of a misdemeanor involving moral turpitude or which is related to his/her City job function. B. Has violated any lawful or reasonable order or regulation, or has failed to obey any reasonable or lawful direction by a superior. C. Has reported for duty, or is actually on duty, while under the influence of intoxicating beverages or drugs. D. Has been guilty of acts which amount to insubordination; or has been guilty of disgraceful conduct while on duty, or disgraceful conduct while 63 CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2009-2011 off duty when it reflects unfavorably on the City or interferes with the operations of the City. E. Has been wantonly offensive in his conduct or language toward the public or toward any City employee or official. F. Has been incompetent, negligent, or inefficient to such an extent that his/her performance falls below the minimum prescribed standard. G. Is careless or negligent of the property of the City of Delray Beach, or steals or misuses any equipment, materials, property, or other things of value belonging to the City. H. Has used, or threatened to use, his position for personal gain or advantage, or has attempted to use political influence in securing promotion, leave of absence, transfer, classification change, pay increase, to influence pending disciplinary matters or change in character of work. I. Has taken any fee, gift, or other valuable thing in the course of his work or in connection therewith for his personal use from any firm, corporation, or individual when such fee, gift, or other valuable consideration is accepted with the understanding that the donor shall receive favors and service therefor not customarily accorded the general public. 64 CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2009-2011 J. Has falsified time records, other official City records, or has failed to report absences from duty to his superiors in accordance with prescribed procedure. K. Has been absent from duty without proper leave of absence, or otherwise contrary to prescribed procedures; or has failed to report for duty after a leave of absence has expired. L. Has been excessively absent from work; has been repeatedly absent from work without notifying his immediate supervisor, or has repeatedly reported late for work. M. Has abused sick leave or other authorized leave of absence by claiming false reasons for such leave. N. Is antagonistic in his attitude toward his supervisor or fellow employees; continually criticizes orders or rules issued or adopted by his superiors; or conducts himself in such a way that it interferes with the proper coordination of the work effort in his department to the detriment of efficient public service. 0. Upon the expiration of earned sick leave, fails to report to the Police Chief his inability to return to work, if such is the case. P. Has been convicted of the unlawful possession, use, dispensing, or sale of any narcotic, barbiturate, mood ameliorating, tranquilizing, or hallucinogenic drug, or conspiracy to do same, while either on or off duty. 65 CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2009-2011 Q. Has made a significant omission on his application for employment, or has falsified it in any way. R. Has been found guilty by a court of competent jurisdiction of a felony criminal offense, or has been repeatedly found guilty of misdemeanor criminal offenses. S. Has been found to have used anabolic steroids, with or without prescription, solely for the purposes of enhanced muscle training or body building functions. Disciplinary action shall be taken only as provided pursuant to Article 30. The City Manager shall furnish the non-probationary employee or the promoted probationary employee whom he dismisses from the City service with a written statement outlining in detail reasons for the removal, and the date and time such removal becomes effective. A copy of the statement shall be furnished to the Police Chief. Section 3 If criminal charges have been formally instituted against an employee, the City Manager may place the employee on leave of absence with or without pay. During such leave of absence, the City may investigate and take appropriate disciplinary action against the employee. However, if the employee is subsequently found not guilty by a trial court of all of the criminal charges which had been instituted against the employee, and if no notice of potential 66 CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2009-2011 disciplinary action has been given, the employee shall be reinstated and awarded back pay for the period of said leave of absence. 67 CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2009-2011 ARTICLE 29 ABSENCE WITHOUT LEAVE An absence of an employee from duty, including any absence for a single day and failure of an employee to report at the expiration of a leave of absence or vacation, that is not authorized by a specific grant of leave of absence under the provisions of this Agreement, shall be deemed to be an absence without leave. Any such absence shall be without pay and may be subject to disciplinary action, including suspension, demotion or dismissal in repetitive or extreme cases. Section 2 Any employee who is absent from duty for three (3) consecutive shifts without notifying the shift supervisor or commander of the reasons for such absence and the time he/she expects to return, and without securing leave, may be considered to have resigned without notice. 68 CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2009-2011 ARTICLE 30 POLICE BILL OF RIGHTS Section 1 The City of Delray Beach agrees that in the investigation of all bargaining unit members all rights articulated in Florida Statutes, Section 112.532 and Section 112.533 (as amended from time to time) shall be provided. The P.B.A. may post a copy of Sections 112.532 and 112.533, Florida Statutes on the bulletin boards referenced in Article 6. n_~i_ _~ n Interrogations shall be conducted, preferably at a time when the bargaining unit member is on duty, unless the seriousness of the investigation is of such a degree that an immediate action is required. Nothing herein shall prohibit the adjustment of the schedule of the bargaining unit member under investigation so that the interrogation can take place during business hours. 69 CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2009-2011 ARTICLE 31 A "strike" shall be defined as the concerted failure to report for duty, a concerted absence of members of the bargaining unit from their positions, a concerted stoppage of work, a concerted submission of resignations, a concerted abstinence in whole or in part by members of the bargaining unit from the full and faithful performance of their duties of employment with the City of Delray Beach, participating in a deliberate or concerted course of conduct which adversely affects the services of the City of Delray Beach, or the concerted failure to report for work after the expiration of a collective bargaining agreement. Section 2 No member of the bargaining unit may participate in a strike. Any violation of this provision shall subject the member of the bargaining unit or the P.B.A. or both to the penalties under Chapter 447 of the Florida Statutes and Chapter 30 of the City of Delray Beach Code of Ordinances. In the event of a breach of the provisions of this article, the City of Delray Beach shall be entitled to recover from the P.B.A. and any employee in the bargaining unit participating in the strike, jointly and severally, full compensatory damages, 70 CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2009-2011 punitive damages, costs, and attorney's fees incurred in any and all proceedings involving said strike. Section 4 The City of Delray Beach shall have the right to unilaterally terminate the employment of any employee engaging in a strike. The only issue which shall be grievable with reference to the termination is whether or not the employee was in fact engaged in a strike. In the event of a strike, the City shall transmit written notification to the chief agent or his designee of the P.B.A., and the P.B.A. will notify the employees of the bargaining unit and inform them that a strike is illegal under Florida law, of the sanctions which may be imposed against the P.B.A. and participating employees for a strike, and further instruct striking employees to immediately return to work. The P.B.A. agrees that the notification will be in writing and will be made in a good faith effort to get the employees to return to work. Such conduct shall exonerate the P.B.A. from all penalties, financial or otherwise, which may be imposed under this Agreement, but this notwithstanding, the City does not waive any rights it may have to declare this Agreement to be null and void upon the occurrence of a strike. 71 CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2009-2011 ARTICLE 32 PERSONNEL DOCUMENTS All bargaining unit employees shall be permitted to obtain a copy of all documents that are placed in any of their personnel files, and further shall be provided copies of all disciplinary action documents placed in their department personnel file. The employee may, within thirty (30) days from the date of the document being placed in the employee's personnel file, file a written response to such document. The employee is fully aware that such written response places no further obligations on the City and confers no additional rights on the employee. Any written response by an employee shall be clearly designated as the employee's response and shall bear an acknowledgment by the employee that such a response is solely the employee's view of the incident and confers no further obligation on the part of the City and confers no further rights on the part of the employee. 72 CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2009-2011 ARTICLE 33 UNIFORM ALLOWANCE Those bargaining unit members assigned to positions within the Department which require the use of civilian attire will be granted a clothing allowance. Said allowance will be issued on a semi-annual basis at the rate of $400.00 per unit member. 73 CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2009-2011 ARTICLE 34 DISABILITY INSURANCE Bargaining unit employees shall be eligible to receive the long-term disability benefits pursuant to the City's current plans and policies applicable to all other city employees. 74 CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2009-2011 ARTICLE 35 SICK AND VACATION PAY-OUT ACCRUALS The City shall make changes to the sick and vacation pay accruals policy by providing the following two (2) options: A. Provide a lump sum pay-out at termination (retirement) of accrued balance not to exceed 1408 hours (1120 sick leave, 288 vacation) as currently exists. B. Enable employees who properly notify the City with the intent to retire, at least two years prior to Retirement date, the ability to have above noted accruals paid in payments of not more than one-third per year of total amount authorized at date of designation of retirement. The employee will have the following option of payment: 1. The one-third payments, not to exceed one-third of accrued balance or 1408 hours (1120 sick leave, 288 vacation), whichever is greater, be made in cash each year. a. The first payment will be made 2 years from the date of termination. b. The second payment will be made 1 year from the date of termination. c. The third payment will be made at termination. 2. The one-third payment may be deposited tax free into the employee deferred compensation (457) account if the annual limit on the employee's 457 contributions has not been reached. 75 CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2009-2011 ARTICLE 36 TAKE HOME VEHICLE PLAN The City has agreed to a take home vehicle plan for Lieutenants and shall include the following parameters: A. The Police Department shall establish internal policies and procedures for the assignment and use of take home vehicles. 76 CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2009-2011 ARTICLE 37 GRIEVANCE PROCEDURES The grievance procedures as described in Sections 2, 3 and 4, below, shall be used for the settlement of disputes between the City and an aggrieved employee or group of employees involving the interpretation or application of this Agreement. Section 2 Grievances shall be processed in accordance with the procedures outlined in this section. Any grievance not answered by management in the time limits provided for in this section shall be determined to be denied and may be advanced to the next higher step of the grievance procedure. Grievances of disciplinary actions shall be processed in accordance with the procedures outlined in Section 4. Step 1 The aggrieved employee, or an PBA representative on his or her behalf, shall submit a grievance in writing and it shall be discussed with the aggrieved employee's immediate supervisor and division/district commander within ten (10) working days of the occurrence (or discovery thereof) which gave rise to the grievance. For the purpose of this article, working days shall mean Monday through Friday, excluding City holidays and weekends. A PBA grievance 77 CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2009-2011 representative may be present to represent the employee, if the employee desires him or her present. The immediate supervisor and division/district commander shall attempt to adjust the matter and/or respond to the employee within five (5) calendar days. Step 2 If the grievance has not been satisfactorily resolved in Step 1, the aggrieved employee and the PBA representative, if the employee wishes his or her assistance, shall present the written grievance to the Police Chief within five (5) calendar days from the time the supervisor's response was due in Step 1. The Police Chief, or his or her designee shall meet with the employee and the PBA representative, if the employee wishes him or her present, within three (3) working days. The Chief, or his or her designee, shall respond in writing within five (5) calendar days from the day of the meeting. Where a grievance is general in nature, in that it applies to a number of employees having the same issue to be decided, it shall be presented directly at Step 2 of this grievance procedure, within the time limits for the submission of a grievance in Step 1, and shall be signed by the aggrieved employees, and/or an PBA representative on the employees' behalf. Grievances of a general nature shall be processed within the time limits hereinabove provided unless extended by mutual agreement in writing. 78 CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2009-2011 Step 3 If the grievance has not been satisfactorily resolved in Step 2, and an appeal to the City Manager is permitted pursuant to Section 4, the employee or the PBA if the employee elects PBA assistance, may present a written appeal to the City Manager within seven (7) calendar days from the time the response was due from the Police Chief in Step 2. The City Manager, or his or her designee, and any staff requested by the City Manager or his or her designee, shall meet with the employee (and the PBA representative, if the employee wishes him or her present), within five (5) working days. The City Manager or his designee shall respond in writing within seven (7) calendar days from the date of the meeting. Any grievance not processed in accordance with the time limits provided above shall be considered conclusively abandoned. Nothing contained in this article shall prevent any employee covered by this Agreement from processing his/her own grievance unassisted through the grievance procedure up to and including Step 3. Step 4 If a grievance, as defined in this article, has not been satisfactorily resolved within the grievance procedure, the PBA and only the PBA may request arbitration for PBA members. Members of the 79 CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2009-2011 bargaining unit who are not members of the PBA may also request arbitration. The request for arbitration shall be in writing to the office of the City Manager no later than fifteen (15) calendar days after the City Manager's response is due in Step 3 of the grievance procedure. Section 3 A. The arbitration shall be conducted under the procedural rules of the Federal Mediation and Conciliation Service unless in conflict with any provisions set forth in this Agreement or unless otherwise agreed to or provided for by the parties in writing. Subject to the following, the arbitrator shall have the jurisdiction and authority to decide a grievance as defined in this article and to enforce compliance with the terms and conditions of the Agreement. B. However, the arbitrator shall have no authority to change, amend, add to, subtract from or otherwise alter or supplement this Agreement or any part thereof or any amendment thereto. C. The arbitrator shall have no authority to consider or rule upon any matter which is stated in this Agreement not to be subject to arbitration, which is not a grievance as defined in this article, or which is not specifically covered by this Agreement. 80 CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2009-2011 D. The arbitrator may not issue declaratory or advisory opinions and the arbitrator shall be confined exclusively to the question which is presented, which question must be actual and existing. E. Copies of the award of the arbitrator, made in accordance with the jurisdictional authority under this Agreement, shall be furnished to both parties in writing within thirty (30) days of the hearing and shall be final and binding upon both parties. F. It is contemplated that the City and the employee shall mutually agree in writing as to the statement of the matter to be arbitrated prior to the hearing, and if this is done, the arbitrator shall confine his decision to the particular matter thus specified. In the event of the failure of the parties to so agree on a statement of issue to be submitted, both the PBA (or the employee, if not represented by the PBA) and the City shall submit a written statement of the grievance and the arbitrator shall confine his consideration to the written statement or statements submitted. This clause, however, shall not be construed to permit either party to present issues through their written statements that would not otherwise be subject to the grievance and arbitration provisions of this Contract. G. Each party shall bear the expense of its own witnesses and its own representatives. The parties shall bear equally the expense of the impartial arbitrator. Any 81 CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2009-2011 party requesting a copy of the transcript of such arbitration hearing shall bear the cost of same. Section 4 A. Discipline involving oral or written reprimands or suspensions without pay of three or less days may be processed through Step 2 of the grievance procedure. The decision of the Police Chief or his designee is final and binding on the parties. B. Discipline involving suspensions without pay of four or five days may be processed through Step 3 of the grievance procedure. The decision of the City Manager or his designee is final and binding on the parties. C. Discipline involving suspensions without pay of six to nine days may be processed through Step 3 of the grievance procedure. The decision of the City Manager or his designee may be appealed by the employee or the PBA, if the employee elects PBA assistance. The appeal shall be in writing and shall be filed with the City Manager within seven (7) days of receipt by the employee of notice of the City Manager's decision as a result of Step 3 of the grievance procedure. The appeal shall be reviewed by a five member review panel composed of two members selected by the PBA, two members selected by the City, and one member selected and agreed upon by the PBA and the City. The review panel shall hold an evidentiary hearing during which 82 CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2009-2011 the City and the employee may present witnesses and other relevant evidence. The employee may be represented by a non-lawyer PBA representative who is an employee of the City, if the employee desires to be represented. The non-lawyer PBA representative will be permitted a reasonable period of on-duty time to prepare for the evidentiary hearing. The City shall be represented by an Internal Affairs designee. After hearing the evidence, the review panel shall determine by a majority vote whether the employee is guilty of the misconduct as charged. The review panel shall have no authority to change the penalty previously imposed. In this regard, the authority of the review panel shall be governed by the provisions of paragraph E5 in the same manner that they are applicable to an arbitrator. The decision of the review panel shall be final and binding upon the parties. D. Discipline involving discharge, suspension without pay of ten or more days, or disciplinary demotion, may be processed through Step 3 of the grievance procedure. The decision of the City Manager or his designee shall be subject to arbitration. The arbitration shall be handled in accordance with the procedures outlined in Section 4E. Step 4 of the grievance procedure shall be followed except that the arbitrator shall be selected as set forth in Section E2. 83 CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2009-2011 E. Arbitration of disciplinary matters shall be handled as follows: 1. The provisions of Section 3 shall apply except as modified by Section 4E2-5. 2. Immediately following ratification of this agreement and thereafter at the beginning of each fiscal year, the City and the PBA shall mutually select a pool of five potential arbitrators to hear disciplinary cases. The arbitrator for any given case shall be selected by each party alternately striking the names of arbitrators included in the pre-selected pool until one arbitrator remains, who shall hear the case. The employee shall make the initial strike. 3. The arbitration procedure shall be expedited such that a hearing is held within thirty days of the appeal and an award is issued within thirty days following the conclusion of the hearing. If the award is not issued within the thirty day time period, the arbitrator's fee shall be reduced proportionately to the number of days by which the arbitrator's decision is untimely. 4. There shall be no post-hearing briefs unless both parties agree prior to the hearing that post- hearing briefs may be submitted. 5. The arbitrator shall not substitute his judgment for that of the City as to the wisdom or the 84 CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2009-2011 degree of severity of the disciplinary action imposed, except as set forth in the last paragraph of this article. The arbitrator's inquiry shall be limited to the following: (a) whether the City possessed evidence of the misconduct before imposing the discipline ultimately imposed; (b) whether the employee is guilty of the misconduct as charged; (c) whether the discipline imposed is consistent with that imposed upon other employees who have committed the same or a similar offense under the same or similar circumstances, and who have similar disciplinary and employment records. If the discipline imposed is more severe than that previously imposed upon employees who have committed the same or a similar offense under the same or similar circumstances, and who have similar disciplinary and employment records, whether the City notified employees of the change in disciplinary policy prior to the occurrence of the act being disciplined; (d) whether the City has demonstrated upon the record that it has considered the severity of the punishment with regard to the nature and severity of the offense, the 85 CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2009-2011 circumstances under which the offense was committed, the employee's past disciplinary and employment record, the length of the employee's tenure with the City, and whether the employee was under probation at the time the offense was committed; (e) whether the City has demonstrated upon the record that the degree of punishment which it has imposed was not selected at random or without reason (arbitrary), and that the degree of punishment did not arise from caprice (arbitrary); (f) whether the City has demonstrated on the record that the degree of punishment which it has imposed is consistent in that it is not apt to change suddenly or unpredictably (capricious), and is not inconsistent (capricious) ; (g) whether the City has demonstrated on the record that the degree of punishment which it has imposed is within that range of punishment for the offense under the given circumstances upon which reasonable men can agree, notwithstanding that reasonable men might disagree upon the specific punishment imposed under the given circumstances. 86 CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2009-2011 If the arbitrator finds that the City has complied with (a) through (g), the discipline determined by the City shall be upheld. However, if the arbitrator finds that the City has not complied with (a) through (g), the arbitrator may determine the appropriate level of penalty. 87 CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2009-2011 ARTICLE 38 WORKERS' COMPENSATION The City agrees for Employees who sustain workers' compensation qualified injuries that the City will pay to such Employees amounts necessary to bring such employees to current full salary for ninety (90) calendar days and thereafter shall pay salary/benefits to such employees in accordance with the requirements of the Florida Statutes. The ninety (90) calendar day status shall only commence, as needed, and at such time, as when an employee initiates a need for this supplemental payment due to continuing absence from duty as caused by such injury. Once the ninety (90) day period commences it shall be available only from that day forward for ninety (90) consecutive calendar days. 88 CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2009-2011 ARTICLE 39 RETIREE INSURANCE The Police Benevolent Association shall establish the Delray Beach Police Retiree Insurance Fund (~~Retiree Insurance Fund") to provide full or partial payments for health insurance premiums and other benefits on behalf of former bargaining unit employees of the City who separate from employment on or after October 1, 2004. All eligibility requirements and benefits provided will be determined solely by the Board of Trustees of the Retiree Insurance Fund. n_~i_ _~ n On or before December 31, 2009, the City shall make a contribution to the Retiree Insurance Fund in an amount equal to 3.30 of the annual base pay of all Police Lieutenants who are employed during the bi-weekly payroll period which includes the prior October 1. The City shall make the annual contribution on behalf of each Police Lieutenant in pay status on October 1. Along with the contributions, the City shall provide a list of bargaining unit members for whom payment has been made and the basis for the amount of payment made. 89 CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2009-2011 ARTICLE 40 CONTRACT CONSTITUTES ENTIRE AGREEMENT OF THE PARTIES The parties acknowledge and agree that during the negotiations which resulted in this Agreement, each had the unlimited right and opportunity to make demands and proposals with respect to any subject or matter included by law within the area of collective bargaining and that all the understandings and agreements arrived at by the parties after the exercise of that right and opportunity are set forth in this Agreement. Therefore, the City and the P.B.A., for the life of this Agreement, each voluntarily and unqualifiedly waives the right to require further collective bargaining with respect to any subject matter referred to or matter covered in this Agreement or considered by the parties during collective bargaining negotiations resulting in this Agreement, subject to impact bargaining, if any be lawfully required, and each agree that the other shall not be obligated to bargain collectively with respect to any matter or subject not specifically referred to or covered by this Agreement, whether or not such matters have been discussed, even though such subjects or matters may not have been within the knowledge or contemplation of either or both parties at the time that they negotiated or signed this Agreement. This Agreement contains the entire contract, understanding, undertaking, and agreement of collective bargaining for and during its term. 90 CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2009-2011 ARTICLE 41 SEVERABILITY AND WAIVER Section 1 Should any section or provision of this Agreement or any portion thereof, any paragraph, sentence, or word be declared by a court or agency of competent jurisdiction to be unlawful and unenforceable, such decision of the court or agency shall apply only to the specific section or provision or portion thereof, directly specified in the decision and shall not affect the validity of the remainder hereof as a whole or part thereof, other than the part declared to be unlawful and unenforceable. Upon the issuance of such decision, the parties agree to immediately negotiate a substitute, if possible, for the invalidated section or portion thereof. Section 2 The exercise or non-exercise of the rights covered by this Agreement by the City or the P.B.A., except as to the notice provisions of Article 46, concerning Duration, Modification, and Termination, shall not be deemed to waive any such right or the right to exercise them in the future. 91 CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2009-2011 ARTICLE 42 DURATION, MODIFICATION, AND TERMINATION, REOPENER Except as otherwise provided in this agreement, this agreement shall be effective from September 1, 2009 and continue through September 30, 2011. If the parties have not executed a written agreement by the expiration date hereof, i.e, September 30, 2011, then the terms and conditions of this contract shall nonetheless continue in effect, except as modified herein. Negotiations for a successor agreement shall commence not later than May 1, 2011. Without a successor agreement in place, (after the expiration of this agreement and before the effective date of a successor agreement) wage increases shall be frozen effective October 1, 2011 until such time as an agreement has been reached. 92 CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2009-2011 ARTICLE 43 AMENDMENTS This Agreement may be amended at any time on mutual consent of both parties, but no such attempted amendment shall be of any force or effect until placed in writing and executed by both parties hereto. 93 CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2009-2011 ARTICLE 44 EXECUTION OF AGREEMENT Agreed to this day of November, 2009, by and between the respective Parties through their authorized representatives. ATTEST: City Clerk - Chevelle Nubin CITY OF DELRAY BEACH, FLORIDA By: City Manager - David T. Harden Approved as to form and legal sufficiency: City Attorney - Brian Shutt Dated this day of November, 2009. ATTEST: POLICE BENEVOLENT ASSOCIATION By: John Palermo John Kazanjian, President PBA Representative Gary Lippman, General Counsel 94 MEMORANDUM TO: Mayor and City Commissioners FROM: Richard C. Hasko, P.E., Environmental Services Director THROUGH: David T. Harden, City Manager DATE: October 26, 2009 SUBJECT: AGENDA ITEM 9.D. -REGULAR COMMISSION MEETING OF NOVEMBER 3, 2009 AGREEMENT/FUMERO LAW GROUP, P.A./ENVIRONMENTAL LEGAL SERVICES ITEM BEFORE COMMISSION Consideration of an annual agreement with the Fumero Law Group, P.A., for legal services with respect to monitoring, reporting and limited representation regarding rule proposals, legislative initiatives and permitting associated with environmental issues affecting the City for an annual fee of $46,800. BACKGROUND The City's water, sewer and storm water utilities operate in an ever changing and increasingly restrictive environment of legislative and regulatory activities. On a regular basis, we must be wary of proposals by state and federal regulatory agencies to enact more restrictive rules and regulations that have potential negative impacts on the City from both a financial and operational viewpoint. These agencies include the South Florida Water Management District (SFWMD), Florida Department of Environmental Protection (FDEP) and the United States Environmental Protection Agency (USEPA) among many others with which environmental special interest groups wield great influence. In addition, annual state legislative sessions produce a myriad of proposals sponsored by special interest groups that not only target environmental programs, but often include statutory proposals that erode the City's ability to administer and control it's capital resources. Historically, we have relied upon memberships in nonprofit organizations such as the Southeast Florida Utility Council and Florida State American Waterworks Association to track these proposals. While this approach has provided benefits for issues having industry wide impacts, proposals with less global interest sometimes do not receive the attention they warrant from a more local perspective. In addition, such organizations track and report on major issues, but offer no logistical strategies or advice on dealing with these legislative and regulatory proposals. The Fumero Law Group provides a staff of legal professionals intimately familiar with the processes of environmental rule making and legislation. John Fumero has been instrumental in the success of the utility community's ongoing coordination efforts with SFWMD to reach a reasonable compromise on the proposed permanent year round water restriction issue. His advice and knowledge of staff has also benefited the City in our current pursuit of the renewal of our Consumptive Use Permit (CUP) with SFWMD. Looking to the coming year and the anticipation of another busy legislative session as well as the potential agendas of regulatory agencies, staff feels that the services offered in this proposal will be extremely valuable in assisting us with identifying and reacting to initiatives detrimental to the City. FUNDING SOURCE Funding is available from account #441-5111-536-31.10, Legal Services. RECOMMENDATION Staff recommends approval. Sri ~J~ J ~ Writer's Direct Line: 561/243-7091 MEMORANDUM DATE: October 29, 2009 TO: Doug Smith, Asst. City Manager FROM: Brian Shutt, City Attorney SUBJECT: Agreement with Fumero Law Group Mr. Fumero provides expertise in the area of water and wastewater utility permitting, operations, facilities as well as funding initiatives related to the water/wastewater field. The City Attorney's Office does not possess the expertise that Mr. Fumero can provide to the City regarding the above mentioned issues. MEMORANDUM TO: Mayor and City Commissioners FROM: Randal L. Krejcarek, P.E., LEED AP, GISP, City Engineer Richard C. Hasko, PE, Environmental Services Director THROUGH: David T. Harden, City Manager DATE: October 29, 2009 SUBJECT: AGENDA ITEM 9.E. -REGULAR COMMISSION MEETING OF NOVEMBER 3, 2009 REQUEST FOR QUALIFICATIONS (RFQ)/VETERANS PARK/WORTHING PARK ITEM BEFORE COMMISSION This item is seeking Commission approval of RFQ rankings for the Veterans Park Master Plan update and Worthing Park design and authorization for staff to enter into negotiations with the top firm for each RFQ. BACKGROUND Two Requests for Qualifications (RFQ's) were advertised, one for a master plan update for Veterans Park and a second RFQ for the detailed design and construction documents for Worthing Park. Seventeen firms responded but two of the firms were disqualified because they did not acknowledge all issued addendums. The review committee evaluated the remaining 15 firms utilizing the following criteria: 1. Qualifications of the firm (40 points), 2. Proposed Project Staff and Functions (20 points) 3. Project Management (25 points) and 4. Knowledge of Local Conditions (15 points), for a total of 100 points. The attached evaluation sheets provides detailed scoring for each firm and ranks the top three firms for both projects. The top firm for each project was Glatting Jackson Kercher Anglin. Therefore, we are seeking approval of the RFQ rankings for both projects as well as requesting authorization to begin contract negotiations with the top firm, Glatting Jackson Kercher Anglin, for each project. RECOMMENDATION Staff recommends approval. N M N M W W ~ ~ M V1 ,--i M ~--i l~ M V1 ,--i ~ M 01 00 01 01 ~ M ~ M O 01 N ~--i l~ N N ,--i M 01 00 r~ M ~ ~ ~ 01 M 01 M l~ M l~ M ~O M ~O M Vl M M M O M l~ N N 00 ,--i O O ~ ~ ~ O ~ O ~ 01 M 00 M ~O M ~O M Vl M ~ M N M N M 00 N 01 ~--i 00 O O ~ ~ V CC 00 ~ O~ ~ ~ M ~ N ~ O ~ ~ N N Vl ~ ~ ~ ~ ~ ~ O O ~ ~ ~ M ~ ~ N ~ Vl O Vl ~ ~ ~ ~ O O H 00 00 l 00 00 00 l 00 l 00 00 l l l ~O o0 ~ 00 00 00 00 ~ 00 ~ 00 ~ ~ ~ ~ ~ "~ i i i V N O M ~ N OA ~ ~ N N ~ ~ OA 00 O O O N M ~ N OA ~ O ~ ~ N ~ l~ 01 00 O O O ~Y \O O\ 00 Vl Vl ~ Vl 00 Vl l~ ~ l~ ~ ~ M l~ 00 O\ l~ Vl Vl Vl \O Vl \O l~ Vl ~ ~ M ~ i.i O r^i~.i W V ~ ~ ~ ~, ~ ~ 00 N ~ O ~ O ~ ~ O O O ~ ~ O O ~ 00 ~ ~ O N ~ ~ ~ O O O O ~ ~ O O ~ O\ l~ O\ O\ O\ 00 O\ ~O l~ ~O l~ l~ ~ ~ ~ O\ O\ ~ O\ 00 O\ O\ ~ ~ ~ ~ ~ ~ ,~ ~ ~ . ^ W ~ b ~ O ~ r j~ CC .''~i N O\ M l~ 00 Vl l~ ~O l~ ~O l~ 00 00 l~ V1 Vl O l~ V1 ~ N Vl M M 00 ~ O N V1 ~ ~ ~ x ~,y N O\ ~ Vl M l~ ~ ~O ~ 00 ~ ~O 00 l~ V1 ~ O l~ ul Vl M M N Vl ~ ~ O N V1 ~ O O x ~ a a s ~ y ~y y ~ O\ M O\ M O\ l~ O\ M O\ O 00 M ~ M 00 V1 00 O O\ N 00 l~ Vl N ~ O ~ O M ~ ~ ~ O V1 O\ V1 O\ O 00 V1 00 M 00 M O\ l~ ~ 00 O\ O 00 V1 00 O ~ M ~ l~ ~ O ~ O M O O C U C C ~ ~ C 0 C 0 Q O ~ U O ~ _ ~ Q O O U ~ _ ~ ~ + 'O ui ~ U O ~ 7 'O U ~ ui ~ O 7 ~ ~" i (~ O O U ~ U O i (~ U O O ~ U O . , f7r ~ >, > ~ Q ~' c U >, Q ~ > ~' c U c' m ~ ~ ~ ~ ~ ~tS O > °~ ~ s ~ ~ Y `° ~ °' ~ ~ ~ otS ° otS O ~ ~ c c O ~ Y O ~ ~ ~ o c ~ . m ~ ti ~ a~ ~ ~ . ~ o Y c ~ O ~ ~ gy - ~ ~ U ~ ~ ~ ~ ~ ~ . Y N ~ p~ ~ ~ _ ' O O - ~ U (n Y ~ p~ N ~ ' p _ ~ - O ~ U (n ~ C °ZS 7 0 N ~ N ~ O ~ (~ = ~ O ~ Q Y ~ ~ ~ ~ 0 ~ ~ O ~ >- (~ p ~ O ~ O ~ = ~ Q Y ~ ~ C > J Q C C ~ ~ C J > Q C C ~ ~ ~ ~ U Q ~ (~ ~ ~ > C O ~ ~ ~ '. ~ N Q ~ U (~ > E ~ O c ~ ~ ~ O O ~ ~ ~ ~ D ~ N (9 N (~ ~ O ~ (9 ~ O ~ ~ ~ D (9 N ~ (n N ~ O ~ C7 U ~ ~ ~ J W J m U C7 _ ~ D D C7 ~ U ~ J ~ W U m J = C7 A D D MEMORANDUM TO: Mayor and City Commissioners FROM: Lula Butler, Director of Community Improvement THROUGH: David T. Harden, City Manager DATE: October 30, 2009 SUBJECT: AGENDA ITEM 9.F. -REGULAR COMMISSION MEETING OF NOVEMBER 3, 2009 LANDSCAPE ARCHITECTURAL SERVICES/COTLEUR AND HEARING ITEM BEFORE COMMISSION The item before the Commission is for the approval of an agreement for Landscape Architectural services for the design of the landscape medians on Atlantic Avenue between Swinton and 12th Avenues. Cotleur & Hearing proposed design services in the amount of $23,122. Funding will come from a Keep Palm Beach County Beautiful (KPBCB) grant that city staff applied for and was ultimately awarded. BACKGROUND On May 12, 2009 the City of Delray Beach was awarded a $200,000 landscape beautification grant that will be used towards the redesign and the installation of new landscape and irrigation material within the project limits. There are some costs that this specific grant will not cover. However, the CRA has generously contributed $75,000 to go towards this project and will cover those items that the grant does not. The theme for this project will be tropical. The City of Delray Beach Comprehensive Plan calls for shade trees in these medians. Due to FDOT strict standards, it will be near impossible to add any more shade trees to the medians. The existing trees will be trimmed and tropical accent plants will be added. New irrigation will be installed in each median to provide adequate coverage to the new and existing material. Staff sent Requests for Proposals (RFP's) to four (4) qualified Landscape Architects who are experienced with FDOT projects. Cotleur and Hearing was the second lowest price with an amount of $23,122. Gentile, Holloway, O' Mahoney and Associates was first with an amount of $20,360 for comparable services. Staff has recommended the approval of the second lowest proposer due to their favorable rapport with FDOT and the design engineers that they would be interacting with. This project is such that it will necessitate the need for design variances in order to accomplish the goal of creating unique, creative and beautiful landscape spaces. Cotleur & Hearing has had successful experiences in attaining these variances. FDOT staff has also highly recommended this firm for their expertise, knowledge and professionalism. The FDOT kickoff meeting will immediately proceed after the selection of the design consultant. The timeline will be set and the consultant will begin work on the conceptual plans. It should be noted that the Maintenance Memorandum of Agreement (MMOA) will have to come before the City Commission as a separate item at a future date. It is required that the City of Delray Beach execute this agreement with FDOT to maintain these newly landscaped medians in perpetuity. FUNDING SOURCE Keep Palm Beach County Beautiful (KPBCB) - $200,000 Delray Beach CRA - $75,000 RECOMMENDATION Staff recommends the City Commission approve the agreement for Landscape Architectural services proposed by Cotleur & Hearing for the Atlantic Avenue landscape medians between Swinton and West 12~ Avenues, subject to execution of the City's Standard Agreement with attachments, as approved by the City Attorney. Page 1 of 1 Anuar, Peter IFram: Willich, Randy {Randy.Wllich@dot.state.fLus] Sent: Tuesday, May 12, 2009 3:19 PM To: Harold Hoyt (hhayte@deerfield-beach.com); Jane Sullivan; Anuar, Pe#er; ahertel@pbcgov.org Cc: Hassett, Elisabeth; Thomas, Teresa; Randolph Mary Ann; Strelkaw, Deborah Subject: '09-`10 Grant Cycle Dear Friends, I am very pleased to inf€~rm you that it appears as though the Florida Legislature has left intact the complete funding far all of our local beautification grants. Full speed ahead!l! Rano'y R. V~illich Grant Coordinator and Certified Arborist FDOT Llistrict 4 Landscape Architecture Planning & Environmental Management Office 34L10 West Commercial Eaulevard Ft. Lauderdale, FL 33309-3421 T: 954-777-4340 F:954-777-4310 Randy. Willich(a7dat, state.fl. us Don't forget to be kind to strangers. For some who have done this have entertained angels without realizing it. NOTE: Written communication including a-mails sent and received within the department is considered to be public record and is not considered confidential unless the content of the a-mail is spec3ficaJly exempt from public disclosure by statute. 1 012 912 0 0 9 ~~~~~~ Candace e Architects 1 Land Planners I Envirt~nsrientai Consultants P '1934 Commerce Lane Suife 1 • Jupiter, Florida • 33458 • Ph 561.747.6336 • Fax 561.747.1377 • www.cotleurhearing.com • Lic # LC-0000239 June 4, 2009 Revised: August 6, 2009 Via E'-mail (dhearing@catleur-hearrng.comJ and US Poste! Service Mr. Peter Anuar Sr. Landscape Planner City of Delray Beach 100 NW 1st Avenue Delray Beach, FL 33444 Re: 5R 805 Atlantic Avenue, Delray Beach Florida From 12`" Avenue to Swinton Avenue Proposal Dear Peter: Per your request, we have revised our fee proposal and scope of work to reduce cost to meet the City's budgetary goals. As we discussed previously, our revised scope proposes to develop a performance specification for the irrigation system design to be prepared by the successful contractor. This is a valid approach given the nature of the work and the fact that we are replacing an existing system. For your reference, we have also included a copy of our man hour work sheet, whith reveals how our fees were derived. You should note that we are extending our 2007 rates to assist the City. To expedite processing, this Agreement is being sent electronically. Please print, sign and initial twq {2] copies of the Agreement on each page where indicated, complete the Client Billing Instructions, and return both originals for Cotleur & Hearing's execution. A completed original will be mailed to you for your file. Should you have any questions, please do not hesitate to contact me at {561) 747-6336 or dhearineC«?cotleur-hearine.com. Again, thank you for this opportunity, and I look forward to speaking with you soon. Very truly yours, Cotleur & Hearing Inc. Donaldson F. Hearing/mlb Donaldson E. Hearing, ASLA, LEED9AP Principal Attachment{s) Proposal No: P9Q55 ~~ CO~IGU~' c~ H~c~CI~~ Initial; CH Client: 5R 806 Atlantic Avenue Propasal City of Delray Beach June 4, 2D09, Revised: August 6, 2009 Page 2 of 9 AGREEMENT FOR PROFESSIONAL SERVICES Client: Mr. Peter Anuar Client Contact: Same Sr. Landscape Planner City of Delray Beach 100 NW 1st Avenue Delray Beach, Fl 33444 Date: June 4, 2009 Proposal No: P9055 Revised: August 6, 2009 Prgject Name and Location: SR 806 Atlantic Avenue, City of Delray Beach Description of Services tq be provided: Landscape and Irrigation Plans to refurbish the existing medians from 12t~' Avenue east to Swinton Avenue. Fee: Not to Exceed $23,122.00. (See compensation details below). Retainer: No Retainer (Payable upon execution of this Agreement) Scope of Work: 1. Landscape Development Plan a. Conceptual Landscape Plans -Fixed fee $4,340.00 Preparation of conceptual landscape plans for the existing landscape medians from 12{~' Avenue east to Swinton Avenue. Conceptual landscape plans will be developed based on programmatic and design information from the City of Delray Beach and input from Peter Anuar, Senior Landscape Planner as well as the CRA. Conceptual plans will include plan view graphics identifying the major tree and shrub materials to be used throughout the corridor. Specific attention will be given tq the required qr plan removal of existing trees within the median. The conceptual plans wiH identify all existing and required site visibility and clear zones. Cotleur & Hearing, Inc. will identify all restricted areas of planting and discuss the potential for variances or deviations from existing FDOT Standards that may be required. There are numerous inconsistencies within the existing medians, ranging from dear-zone infractions, trees planted within roadway tapers, as well as trees planted within site visibility lines. As a part of the development of the conceptual landscape plans, Cotleur & Hearing will assist in coordinating meetings with key members of the FDOT, including District Landscape Architect, Elisabeth Hassett to discuss alternative scenarios and the receptiveness of the Department to permit replacing existing trees, within site visibility lines with new trees which would result in substantially visibility throughout the corridor. A preliminary opinion of estimated Proposal No: P9D55 ~CO~~~U~` gc He~r~n Initial: CH Client: F:~PROPOSP.L~Ch~~PROPOSALS 2009~P9055 City of Oelray Beach SR 806 Atlantlc Avenue proposal Revised 8-Q4-69.doc 5R 806 Atlantic Avenue Proposal City of Delray Beach June 4, ZD09, Revised: August 6, 2009 Page 3 of 9 construction costs will be provided as a part of the conceptual landscape submittal to the City. The City shall be responsible for providing the Consultant with AutoCAD base files of the most recently completed FDOT Landscape Enhancement Plans far the corridor. b. Landscape Plans for Construction -Fixed fee $14,762.00 Upon approval of the preliminary landscape plans described above by the City of Delray Beach, Cotleur & Hearing, tnc. will prepare landscape construction plans sufficient for permitting through the Florida Department of Transportation (FDOT) and all applicable requirements of the Keep Palm Beach Beautiful that has been awarded to the City of Delray Beath. The landscape plans for construction will be prepared utilizing electronic (AutoCAD) base files far the most recent enhancement plans for the corridor. The City shat! be responsible for providing electronic files for the Consultant's use in preparing the Landscape Construction plans. Landscape plans for construction will identify the quantity, quality and species and specifications of all proposed plant materials. Any plant material designated for removal will be specifically identified by Station on the Plans and on the tabulation for the Project. Landscape details and specifications for planting will be provided on the Plans in accordance with the requirements of the FDOT Plans Preparation Manuel. As a part of the preparation of the landscape construction plans, Cotleur & Hearing will prepare and submit to the City a detailed cost estimate for all proposed landscape improvements. The City of Delray Beach shall be responsible for engineering services required for submittal of any design variations or variances required by the FDOT. 2. Irrigation Plans Coordination -Fixed fee $970.00 Cotleur & Hearing will assist the City of Delray Beach in coordinating the design of a replacement system for the medians within the project limits. As a part of this task Cotleur & Hearing will develop performance specifications (incorporated as a part of the plan notes) for the design of a replacement irrigation system. Cotleur & Hearing will coordinate the desired system componentry with the City of Delray Beach to ensure compatibility with adopted standards and automated systems. The Performance specifications will require the selected contractor to prepare and submit shop drawings in electronic format (plans) for review and approval by the City prior to installation. 3. Project Management Meetings and Representation -Fixed Fee $1,950.00 Cotleur & Hearing, Inc, will attend required meetings with the City of Delray Beach and related Departments. If necessary, Cotleur & Hearing will attend meetings and represent the Project at meetings with the City of Delray Beach Commission and the CRA. Cotleur & Hearing will also assist the City of Delray Beach in coordinating meetings with key members of the FDOT to lobby for support and approval of the desired landscape concept. 4. Bidding and Permitting - (Fee included in Item 1 above) Cotleur & Hearing, Inc. will assist the City of Delray Beach in preparing a bid package for bidding, permitting and construction. As a part of this task, Cotleur & Hearing will prepare a unified bid form to ensure consistency amongst bidders. Cotleur & Hearing will provide general Proposal No: P9055 ~Cat~~ur~ i~...:~A. ~~[~~lf~l Initial: CH Ghent: F:\PROP65AL\CH E)\PROPOSALS 2009\P9D55 CRy of f)elray Beach SR 806 At3antic Avenue Proposal Revised 8~04~09.doc 5R 806 At{antic Avenue Proposal City of Delray Beach June 4, 2009, Revised: August 6, 2009 Page 4 of 9 assistance to the City of Delray Beach in preparing the specification package. The City of Delray Beach will be responsible for preparing all of the "front end" documents related to the proposed bid and for identifying any special specification requirements desired by the City to be incorporated within Cotleur & Hearing's Plans. The City of betray Beach shall be responsible to assembling and reproducing the Specifications document for distribution to bidders and for final construction. In cooperation with the City, Cotleur & Hearing will make a formal submittal to FDOT to obtain the necessary permits for the implementation of the proposed landscaping and irrigation improvements. As a part of this task, Cotleur & Hearing will assist the City in addressing any issues related to the required Maintenance Memorandums of Agreement (MMOA). Cotleur & Hearing will assist the City of Delray Beach during the bidding phase to address questions and to respond to requests for additional information (RAI's). 5. Maintenance of Traffic (MOT) (To be provided by the City of Delray Beach) Maintenance of traffic will be required to support the landscape and irrigation process. It is likely that Standard FDOT Indices can be used and submitted to FDOT for the MOT to support the required permitting process. For the purposes of this Proposal, Cotleur & Hearing, Inc. will assume that the City's Engineering Department will prepare and sign and seal any necessary maintenance of traffic documents that are required or to facilitate the proposed permits. 6. Reimbursable Expenses (Not to exceed $1,100.U0) Reimbursable expenses for printing, reproduction, travel cost, etc. shall be limited to a "not to exceed" cost of $1,100.00. Note: To limit the costs associated with this project, construction administration services are not included. Cotleur & Hearing will be available to assist the City of Delray Beach on an "as needed," time and material basis, in accordance with the provisions of General Conditions #3.D of this agreement. The undersigned agree to the attached General Conditions and Special Provisions which are incorporated and made a part of this Agreement. Any additional requested services wii! be addressed in a separate agreement. Cotleur & Hearing (Consultant) bate: Signature: Donaldson E. Hearing, ASLA, LEED®AP Principal Attachments: General Conditions/Special Provisions Client Billing Instructions Rate Schedule Proposal No: P91]55 4 Cotleur& (Client) Date: Signature: Printed Name/Title Printed Name/Title Initial: GH Client: P:\PHOPOSAt~CHL)~P60POSALS 2009~P9055 City of Qelroy Beach SR 806 Atlantic Avenue Proposak Revised 8-04-09-doc SR 806 Atlantic Avenue Proposal City of j}elray Beach June 4, 2009, Revised: August 6, 2009 Aage5of9 GENERAL CONDITIDNs These general conditions are attached and made part of proposals and agreements for services by Cotleur & Hearing the Consultant. 1.0 Standard of Care -Consultant, providing services under the Agreement, will endeavor to perform in a manner consistent with the degree of care and skill exercised by members of the same profession under similar current circumstances. 2.0 Basic Services -Consultant shall provide the mutually agreed-upon services outlined in the Agreement. Any services not specifically outlined in the Agreement are specifically excluded from the scope of Consultant's services. Consultant assumes no responsibility to perform any services not specifically addressed in the Agreement. 3.D Additional Services - a) If mutually agreed to in writing by the parties, in advance and/or as provided for herein, Consultant will provide additional services, which shall be documented and appended hereto. Additional services are not included as part of the basic scope of services and shall be paid far by Client in addStian to the payment for basic services. Payment for additional services shall be in accordance with Consultant's Rate Schedule, as provided for in Section 5.0, Compensation, or as otherwise mutually agreed to by the parties. b) Notwithstanding the above provisions, additional services that are required to perform time sensitive work efforts may be performed without further authorization unless otherwise stipulated within the special provisions of this agreement. Services performed under this provision shall not exceed 5% of the basic scope of services. 4.0 Client Responsibilities -Client shall designate in writing, a person to act as his/her representative with respect to the services to be rendered under the Agreement. Client shall provide al] criteria and information required for Consultant to perform services under the Agreement. Client shall provide for access to and make all provisions for Consultant to enter upon public and private property as required to perform services under the Agreement. S.0 Compensation - a) Monthly progress invoices for basic services and additional services will be submitted to Client by Consultant based on percent complete for each project task- Hourly services shall be invoiced based on applicable hourly rates in accordance with the Rate Schedule which is subject to annual adjustment. b) These invoices are due upon presentation and shall be considered past due if not paid within thirt}r [30) calendar days. c) In order to provide uninterrupted service by Consultant, Client is required to promptly pay submitted invoices. Client shall have a fourteen [14) day review period to request clarification or additional information regarding an invoice. If no request is made during the review period, the 'snvoice is deemed approved and payment will be made in the full amount of the invoice. If payment in full is not received by Consultant within thirty (30} calendar days, all past due amounts shall bear interest at one and one-half (1.5) percent per month from said thirtieth [30th) day. d} if Client faits to make payments when due or otherwise breaches the Agreement, Consultant may suspend performance of services with seven (7J days written notice to Client. Consultant shall have no liability whatsoever to Client for any costs ar damages whatsoever as a result of such suspension caused by any breach of the Agreement by Client. Upon payment in full by Client, Consultant may, upon written agreement of bath parties, resume services under the Agreement and the time schedule and compensation shall be equitably adjusted to Proposal too: P9055 compensate for the period of suspension plus any other reasonable time and expense necessary for Consultant to resume performance. e} Payment of invoices is in no case subject to unilateral discounting ar setoffs by C€ient and payment is due regardless of suspension ar termination of the Agreement by either party. f) Retainer shall be paid to Consultant by Client prior to commencement of services. This retainer shall be applied to the final invoice for services provided under this Agreement. fi.0 Permit, Agency and Application Fees -Client shall be responsible for and pay all project-related fees including, but not limited to, permitting, filing, recording, inspection, plan review, DRI, PUD, rezoning and impact fees. Any mutually agreed-upon project-related fee up to $150 may be paid by Consultant and invoiced as a reimbursable expense by Client. 7.0 Collection Costs - In the event that any invoice or portion thereof remains unpaid for more than thirty [30) days following the invoice date, Consultant may initiate Legal action to enforce the compensation provision of the Agreement. Consultant is entitled to collect any judgment or settkement sums due, reasonable attorney fees, court costs, interest and expenses incurred by Consultant in connection with the collection of any amount due underthe Agreement. 8.0 Reimbursable Expenses -Project-related expenses such as travel, lodging, per d"tern, long distance communications, postage, shipping, reproductions, approved subcontracted services and other necessary and customary costs shad be paid to Consultant by Client. These reimbursable expenses shall be compensated at: • Unit prices per Consultant's Rate Schedule. • Out-of-pocket expenses Gilled at a multiplier of 1.10 to cover processing casts. • Posting of public notice signs: Labor and material casts associated with the pasting of public notice signs will be a reimbursable expense. 9.0 Taxes -Any government-imposed taxes or fees shall be added to the invoice and paid by Client to Consultant for services under the Agreement. 10.0 Indemnification - a) Client agrees, to the fullest extent permitted by law, to indemnify and hold harmless Consultant, its officers, directors, employees and independent sub-consultants against all damages, liabilities or casts including reasonable attorneys fees and defense costs, arising out af, or connected with, the Agreement or performance by any of the parties above named of the services under the Agreement, except those damages, liabilities or costs attributed to the negligent acts or negligent failure to act by Consultant. b} Client agrees that as Client's sale and exclusive remedy, any claim, demand or suit shall be directed and/or asserted only against Consultant, a Florida corporation, and not against any of Consultant's individual employees, officers or directors. c) Client agrees to indemnify Consultant, its officers, directors, employees and independent sub_consultants against all damages, liabilities or costs arising out of, or in any way connected with, the Agreement or the performance 6y any of the parties above-named of the services under the Agreement by any third party. 11.0 Limitation of Liability - in recognition of the relative risks and benefits of the project to bath Client and Consultant, Client agrees to the fullest extent permitted by law, to limit the liability of Consultant and/or its employees, officers, directors, partners, agents and/or initial: CH Client: F:~-RpP45AL~CH©~PRoPo5AL5 2ofl9~P9R55 City of nelray Beach SR BOfi Atlantic Avenue Proposal aevised 8-04-a9.duc 5R 806 Atlantic Avenue Proposal City of Delray Beach June 4, 2009, Revised: August 6, 20D3 Page 6 of 9 representatives to Client and/or any person and/or entity claiming by and/or through Client for any and all claims, losses, costs, damages or claim's expenses from any cause ar causes, including, but not limited ta, attorney fees and costs resulting from Consultant's negligent acts, errors and/or omissions. The total liability of Consultant to Client shall in no event exceed $100,000. 12.0 Instruments of Service Ownership - a) AEI reports, plans, specifications, electronic files, field data, Hates and other documents and instruments prepared by Consultant as the Agreement's instruments of service shall remain the property of Consultant. Consultant shall retain all common law, statutory and other reserved rights, including the copyrightthereto. b} Instruments of service by Consultant are for the sole use of Client and are not to be copied ar distributed, in any manner, to a third party, without the express written permission of Consultant. Electronic information orfiles are for informational purposes only. It is the responsibility of Client to verify the accuracy of the information therein and to bald Consultant harmless for any damages that may result from the use of the information. Client at his own cost shall be responsible far validating any and aEl eleLtronlc information provided. Electronic information including but not limited to the consultants design files, Illustrative graphics and or design details shall not be distributed or used for any purpose without the cansultanYs written permission. This provision shall apply to the client and any other consultant working for or with the client. i3.0 Governing Law -Client and Consultant agree that the Agreement and any legal actions concerning said Agreement shall be governed by the laws of the State of Florida. 14.0 Mediations/Dispute Resolution - a] To resolve any conflicts which might arise during the performance of Consultant's services under the Agreement, or during the construction of the Project, and/or following the completion of the project, Client and Consultant agree that all disputes, pertaining to the performance of services by Consultant, shall be first submitted to Han-binding mediation. Failure by any party to fully comply with the pre-suit mediation provision shall, upon finding by a court and/or jury, constitute a waiver of this condition precedent. The fees and/or vests of m_ ediation shall be equally borne by the parties to the Agreement. b) In the event of litigation, disputes shall be resolved in the circuit court of the Florida County in which the Project is located under the Agreement. The prevailing party in such fitigatian shall be entitled to recover from the non-prevailing party all reasonable attorney fees, taxable court costs, expert witness fees and costs, demonstrative evidence costs, and such other reasonable fees and/or costs generally associated with the litigation of such matters, as determined upon hearing, post-trial, by the court. c) Irrespective of any contract provision or obligation of either party hereunder pursuant to contract or agreement with person(s) and/or entity lies] not specifically named Herein, Consultant shell not be obligated to participate in, nor be a named party in, any arbitration proceeding without the express written consent of Consultant. 15.0 Delays - a) In the event the project under the Agreement is delayed for a period of more than fifteen (15) calendar days by any act or omission by Client or any other causes beyond Consultant's exclusive control, Client agrees that Consultant is not responsible for any and all damages arising directly or indirectly from such delays. In addition, if the delays resulting from any such causes increase the cost ortime required by Proposal iVo: P9055 Co~l~ur&. H~~rin~ Consultant to perform its services in an orderly and efficient manner, Consultant shall be entitled to an equitable adjustment in schedule and/or compensation priorto re-commencing work on the project. b] Client recognizes and agrees that factors bath within and without Consultant's control may delay the work performance, permit issuance, design and construction of the project. Client agrees that it shall not be entitled to any claim for damages due to hindrances or delays from any cause whatsoever including, but not limited ta: the production of contract documents; review of documents by any government agency; Issuance of permits from any government agency; beginning or completion of construction; or performance of any task of the work pursuant to the agreement. Permitting is a regukatory function and Consultant does not guarantee issuance of any permit. Agency reviews and permitting are deemed "factors' outside Consultant's control. 16.0 Termination -The Agreement and the obligation to provide further services under the Agreement may be terminated by either party upon seven [7) days written notice in the event of substantial failure by the other party to perform in accordance with the terms hereof through no fault of the terminating party. Consultant shall have the right to terminate this Agreement for Consultant's convenience and without cause upon giving the Client seven {7) days written notice. In the event of termination of the Agreement by either party, Client shall within fifteen (15) calendar days of termination, pay Consultant far all services rendered to date, all reimbursable costs and termination expenses incurred by Consultant up to the date of termination, in accordance with the payment provisions of the Agreement. 17.D Renegotiation of Fees -Consultant reserves the right to renegotiate fixed fees to reflect changes in price indices and pay scales applicable to the period when services are rendered. 18.D Construction Phase - Construction phase Services are not included unless specifically provided for in the Special Provisions. Construction Phase Services include but are not limited to cost estimates to support surety, site visits, shop drawing review, requests far information, certification letters and similarservices Consultant shall not, during any site visits or as a result of observing Contractors (s'} work in progress, supervise, manage, direct or have control aver Contractor's (s') work. Nor shall Consultant have any authority or responsibility for the means, methods, techniques, sequences or procedures of construction selected by Contractor[s] for safety precautions and programs incident to the work of Contractor(s) or for any failure of Contractor(s) to comply with laws, rules, regulations, ordinances, codes or orders applicable to Contractors) furnishing and performing its work. Consultant can neither guarantee the performance of the construction contracts by Contractor(s) nor assume any responsibility for Contractors (s') failure to finish and perform Its work In accordance with the contract documents. 19.0 Successors and Assigns -Neither party to the Agreement shall transfer, sublet or assign any rights under ar interest in the Agreement (including, but without limitation, monies that may become due or monies that are due} without the prior written consent of the other party. Subcontracting to subconsultants normally contemplated by Consultant shall not be considered as an assignment for purposes of the Agreement. END OF DOCUMENT Initial: CH CI'sent: F:~PROPOSAL~CHa~PROPO5AL5 2409~P9055 City of Oe[ray Beach SR 806 Atlantic Avenue Proposal Revised 8-04-99.doc 5R 80fi A#lan#ic Avenue Proposal City of Delray Beach June 4, 2009, Revised: August 6, 2009 Page 7 of 9 CLIENT BILLING INSTRUCTION5 FOR AGREEMENT FOR PROFESSIONAL SERVICES The fopowing billing information must be completed by the Client. Client must notify Consultant of any changes to this information within one billing cycle. ly PROJECT & CONTACT INFORMATION Project Name: Manager Name: Phone Number: Fax Number: E-mail Address: II) BILLING INFORMATION Original Invoice should be addressed as follows: Client/Company Name: Attention: Billing Address: Accounting Contact: Phone Number: Fax Number: E-mail Address: Fax Number: Copies should be forwarded to: Client/Company Name: Attention: Rifling Address: Fax Number: III) INVOICE SUPPORTING DOCUMENT5/FORMATTING Special Invoice Requirements: (Provide details/include copy) Project/P.O./Contract Number Reference: Number of Invoice Copies: Comments: IVJ PAYMENT OPTIONS Please check appropriate box. ^Check No. ^Direct Deposit/Wire Transfer Note: Please include our invoice number on Note: Please reference our project number when your check. you set up the wire transfer. Bank info will be provided upon completion of farm. Proposal No: P9055 C~t~eUr~ Initial: Chl Client: F:\pROPOSAI~CH D~pROpOSAIS 2009~p9055 City of Delray Reach SR 806 Atlantic Avenue proposal Revised 9-D4-09,doc SR 806 Atlantic Avenue Proposal City of Delray Beach June 4, 2009, Revised: August 6, 2009 Page 8 of 9 2D07 RATE SCHEDULE Professional Services Staff Category Mourly Rate Clerical Assistant $ 38.00 Graphic Designer $ 65.OD Environmental CAD Technician $ 60.00 Feld Technician $ 60.00 Biologist $ 75.00 Senior Biologist $ 85.OD CAD Technician $ 65.00 Landscape Designer/Technician $ 75.00 Landscape Architect -Intern $ 60A0 Senior Landscape Architect $ 90.00 Planner I -Land Planner $ 80.00 Planner ll -Senior Land Planner $ 95A0 Project Manager $ 95A0 GIS Specialist $ 75.00 Client5ervice Manager $ 110.00 Principal $ 130.00 Reimbursable Expenses Rate Mileage/Travel expenses at the preva'sling IR5 rate: www.irs. ov Color Copies (8 1/2" X 11") (per copyf $ 3.10 Color Copies (11" X 17") (per copyf $ 2.25 Black line Prints (24" X 36"} {per sheet) $ 2.20 Mylar's (24" X 36"} (per sheet) $15.00 Copies /Reproductions Postage and handling Fax Transmissions Qut-of-Pocket Expenses Cost + t.0% *Charges for monthly copies, fax transmissions, postage, and long distance will be the greater of 0.5% of invoice amount or $25.00. Proposal No: P9455 ~~~~~~~~ ~~~~~~~~ Initial: CH: Client: F:\PROPOSAL~CHO~PflOP03AL5 2~69~P9055 City of Delray Beach SR 606 Atlantic Avenue Proposal Revised 8-0409.doc SR 846 Atlan#ic Avenue Proposal City of Delray Beach lone 4, 2009, Revised: August 6, 2009 Page 9 of 9 ADDITIONAL WORK AUTHORIZATION Authorization Date: Project Name: Client: Address: Change requested by: Description of Services to be provided: Fee: Retainer: (Payable upon execution of this Authorization Scope of Work• Cotleur & Hearing (Consuitant) (Client) Date: Date: Signature: Signature: Printed Name/Title Printed Name/Title Proposal No: P9055 ~~~~~~~ Initial: CFI: Client: F:~PROPOSAL~CHO~PROPUSALS 2A~9~P9a55 City of OeEray 9each SR 806 Atlantic Aversue Proposal Revised e-04-69.doc Project Number: Client Contact: Address: AGREEMENT THIS AGREEMENT entered into this day of , 200 by and between the CITY OF DELRAY BEACH, a Florida municipal corporation, (hereinafter referred to as City) and provides as follows: WHEREAS, (hereinafter referred to as ), NOW, THEREFORE, in consideration of the mutual covenants and undertakings set forth herein and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, City and hereby agree as follows: L INCORPORATION OF RECITALS. The above-stated recitals are incorporated as if fully set forth herein. 2. SCOPE OF WORK. The scope of work is hereby set forth in Exhibit "A", attached hereto and incorporated herein by reference. 3. PAYMENT AND TERM. The City will pay the fee of $ upon the conclusion of the work. shall complete the work within of the execution of this Agreement. 4. INDEMNIFICATION In consideration of ten dollars ($10.00) and other valuable consideration, 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 and any persons employed or utilized by in the performance of this Agreement. 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. 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 ,its agents, servants or employees. 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. The indemnification provided above shall obligate to defend at its own expense or to provide for such defense, at the City's option, for 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 Agreement performed by ,its agents or employees. This indemnification includes all costs and fees including attorney's fees and costs at trial and appellate levels. The City will pay to the specific consideration of ten dollars and other good and valuable consideration as specific consideration for the indemnification provided herein. Furthermore, acknowledges that the contract price includes said consideration for the indemnification provision. 5. GOVERNING LAWS; VENUE. Any claims, lawsuits or disputes that may arise under this Agreement shall be governed by the Laws of Florida, with venue in Palm Beach County, Florida. 6. INTEGRATION; AMENDMENTS. This Agreement constitutes the entire agreement and understanding of the parties. There are no representations or understandings of 2 any kind not set forth herein. Any amendments to this Agreement must be in writing and executed by both parties. IN WITNESS WHEREOF, the parties hereto have entered into this Agreement as of the day and year first above written. ATTEST: CITY OF DELRAY BEACH By: By: City Clerk Nelson S. McDuffie, Mayor Approved as to Form: By: City Attorney WITNESSES By: (Name Printed or Typed) (Name Printed or Typed) STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of 200 by as (name of officer or agent, title of officer or agent), of a (state or place of incorporation) corporation, on behalf of the corporation. He/She is personally known to me or has produced (type of identification) as identification. Signature of Notary Public 3 N N CV CV EA EA EA EA O O O N y N O O O ~ ~ ~ O ~ O O ~ C ~- X - W d R i 7 . ~ ~ EA EA EA ~ N N O O C ~ 7 ~ 7 E C C O N O Ch L d a c a~ c m ~ ~ N O O O '~ ~ O O O N C O O O ~ 7 y ado rn ao ~ N N - a + C d d R C R N ~ N V ~ ~, V ~ d ~ ~ O ~ a c~ ~ ~ ~ ~ ° ° ° p o o o ;_, ~ 0 0 0 ~ ~ U O Ln ~ ~ ~ O O U N C R a c 0 a~ •L L C O O O O O O O O O +-' N O N O Ln i ~ ~ ~ o ~ ~' N N N ~ O (O C ~ O v U p Q . ~ ~ v ~ -a a c J cfT HJ HJ HJ O O '~ O O O N O ~ C fC O Ln ~ Ch V Ln O O d ~ ~ ~ N O N ~ ~ ~ O Q. O ~ V N ~ ~ L U / ~ V ER fA fA MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: October 28, 2009 SUBJECT: AGENDA ITEM 9.G. -REGULAR COMMISSION MEETING OF NOVEMBER 3, 2009 APPOINTMENTS TO THE FINANCIAL REVIEW BOARD ITEM BEFORE COMMISSION This item is before the City Commission for appointments to the Financial Review Board. BACKGROUND On October 6, 2009, the Delray Beach City Commission adopted 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 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. Resolution No. 58-09 is on the consent agenda for the November 3, 2009 meeting to change the name of the Budget Review Committtee to Financial Review Board and to increase the scope of the Board's duties to include analysis of revenues and expenses and business practices and processes. The Financial Review Board consists of nine (9) members. Five (5) seats on the Board must be filled with a certified public accountant, accounting professional, finance professional, certified financial planner, investment advisor, insurance professional (property/casualty or health), business owner/manager/officer or someone with an MBA or MPA degree. The remaining four (4) members may be at large. The following individuals have submitted applications and would like to be considered for appointment: (See Exhibit "A" attached) A check for code violations and/or municipal liens was conducted. None were found. Voter registration verification was completed and all are registered. Based on the rotation system, the appointments will be made by Commissioner Gray (Seat #4) for one (1) regular member to serve a one (1) year term ending July 31, 2010, Commissioner Fetzer (Seat #2) for one (1) regular member to serve a two (2) year term ending July 31, 2011, and Commissioner Gray (Seat #4) for one (1) alternate member to serve a two (2) year term ending July 31, 2011. RECOMMENDATION Recommend appointments to the Financial Review Board of one (1) regular member to serve a one (1) year term ending July 31, 2010, one (1) regular member to serve a two (2) year term ending July 31, 2011, and one (1) alternate member to serve a two (2) year term ending July 31, 2011. FINANCIAL REVIEW BOARD 10/09 TERM REGULAR MEMBERS OCCUPATION EXPIRES 07/31/10 HowardEllingsw~rth Accounting a~ 1o/zo/o9 Partner/CPA 07/31 /11 Todd L'Herrou Business Owner Appt10/20/09 07/31 /10 Robert Moore Financial Management Appt 10/20/09 COnSUltant- President/MBA 07/31 /11 Yvonne Walker Accountant Appt10/20/09 07/31 /10 John Warner Chief Financial a~ 1o/zo/o9 Officer 07/31/10 Vacant 07/31/11 Vacant ALTERNATES 07/31 /11 Rosalie Blood Vice President/ a~ 1o/zo/o9 General Manager 07/31/11 Vacant Contact: S/CityQerk/Board 09/Financial Review Board FINANCIAL REVIEW BOARD EXHIBIT A Applicants with experience in the professions reauired: Applicant Occupation Helena Antunes-Boska Senior Financial Analyst Patricia Maguire Public Relations/Editor/MSA Jeff Ritter Consulting/1V1BA Cheryl Shaffner Accounting Alexander Simon Real E state Broker/1V1BA James Smith Retired Finance/MBA Harvey Starin Real E state Broker/N1BA AndrewYoungross Engineer/Business Owner Applicants interested in being an at-lame-member: Applicant Occupation Martin Cherry Executive Vice president Nayda Cotton Ovadia Nursing Assistant Suzanne Donohue President-Director of Sales Alberta G autrrRickard Project Coordinator John Hallahan Assistant Director of Operations QZristina Morrison Pearce Realtor NTichael Park General Counsel Wendy Smith President-Health Policy Consultant MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: October 28, 2009 SUBJECT: AGENDA ITEM 9.H. -REGULAR COMMISSION MEETING OF NOVEMBER 3, 2009 APPOINTMENT TO THE POLICE ADVISORY BOARD ITEM BEFORE COMMISSION This item is before the City Commission for an appointment to the Police Advisory Board. BACKGROUND There is a vacancy on the Police Advisory Board for one (1) regular member to serve an unexpired term ending on July 31, 2010. In order to qualify for appointment, a person shall be either a resident of, own property, own a business or be an officer, director or manager of a business located within the City of Delray Beach. Membership shall include a diverse cross section of the community: business owners, religious and faith based organizations, youth, school officials and local organizations, where feasible. The following individuals have submitted applications and would like to be considered for appointment: (See Exhibit "A" attached) A check for code violations and/or municipal liens was conducted. None were found. Voter registration verification was completed and all are registered. Based on the rotation system, the appointment will be made by Commissioner Fetzer (Seat #2) for one (1) regular member to serve an unexpired term ending July 31, 2010. RECOMMENDATION Recommend appointment for one (1) regular member to the Police Advisory Board to serve an unexpired term ending on July 31, 2010. 07/09 POLICE ADVISORY BOARD TERM EXPIRES NAME & ADDRESS 12/13/09 Sinam Al-Khafaji Appt01/15/08 07/31 /10 Annette Annechild, Vice Chair Appt12/13/05 Reapptl2/09/08 07/31 /10 Samuel Menard Unexp Appt 07/01/08 Reapptl2/09/08 07/31 /10 Victor Kirson Unexp Appt 07/07/09 12/13/09 Walter Earley Appt01/03/08 07/31 /11 Regine Celestin Unexp Appt 09/03/08 Appt07/07/09 (Student) 07/31/11 Jason Dollard Unexp Appt 09/03/08 Appt07/07/09 07/31 /10 Jose Herrera Unexp Appt 06/20/06 Reapptl2/09/08 12/13/09 Joseph Ingram Jr. Appt01/03/08 07/31 /10 John Jackson Appt12/13/05 Reapptl2/09/08 07/31 /10 Brittany Smith Unexp Appt 09/10/09 (Student) 07/31/10 Vacant Unexp Appt 12/13/09 Shelly Weil, Chair a~ 01/17/06 Reappt0l/03/08 Contact: Venice Cobb 243-7056 S/CityQerk/Board 09/Police Acivi.~ryBoard City of Delray Beach Police Advisory Board -Applicants Exhibit "A" 1. Annie Adkins Roof ResidentBusiness Owner 2. Wyana Claxton ResidentBusiness Owner 3. Margherita Downey ResidentBusiness Owner 4. Fenoglio, Laura Resident 5. Carl Forrest Resident 6. David Gold Resident 7. Mercatur Guerrier Haitian Resident 8. John Hallahan Resident 9. Matthew Hartley Resident 10. Allen Kilik Resident 11. Ellen Major Hanna African American Resident 12. George Maso Resident 13. Matthew Monahan Resident 14. Jeff Ritter Resident 15. Kathy Shackman Resident 16. Brian Smith Resident 17. Edith Thompson Resident 18. Abbey Weiss Resident MEMORANDUM TO: Mayor and City Commissioners FROM: Jasmin Allen, Planner Paul Dorling, AICP, Director of Planning and Zoning THROUGH: City Manager DATE: October 27, 2009 SUBJECT: AGENDA ITEM 12.A. -REGULAR COMMISSION MEETING OF NOVEMBER 3, 2009 ORDINANCE N0.58-09 ITEM BEFORE COMMISSION Consideration of a privately initiated rezoning from AC (Automotive Commercial) to GC (General Commercial) fora 1.73 acre parcel located at 1900 North Federal Highway, on the west side of North Federal Highway, approximately 150 feet north of Allen Avenue. BACKGROUND The subject property consists of two unplatted parcels bordered on the west by Dixie Highway and on the east by Federal Highway. The property is developed and contains an existing commercial building with associated parking that was constructed in 1963. Prior to 1985, an automobile dealership (Miller Dodge) occupied the site. The property was rezoned from SC to AC (Automotive Commercial) with the Citywide rezoning of 1990. Subsequently on January 23, 1996, the property was rezoned from AC (Automotive Commercial) to SAD (Special Activities District). In October 1998, the parcel was rezoned from SAD to AC in order to accommodate the sale of motorcycles, all-terrain vehicles and small boats with associated full service repair facility (formerly known as Motorsports of Delray). The Motorsports operation has vacated the site and the site and building is currently vacant. The owner now wishes to market the property for office/commercial uses. REVIEW BY OTHERS At its meeting of October 19, 2009, the Planning and Zoning Board held a public hearing in conjunction with the rezoning request. After reviewing the staff report and discussing the proposal, the Board voted 6-0 (Mr. Cary Glickstein absent), to recommend approval of the rezoning request to the City Commission, 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 Sections 3.1.1, 3.2.2, and 2.4.5(D)(5) of the Land Development Regulations. Additional background information and full analysis of the proposal can be found in the Planning and Zoning Board staff report dated October 19, 2009. RECOMMENDATION Approve on first reading Ordinance 58-09 rezoning the 1.73 acre parcel located at 1900 North Federal Highway, from AC (Automotive Commercial) to GC (General Commercial), 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 the criteria set forth in Sections 3.1.1, 3.2.2, and 2.4.5(D)(5) of the Land Development Regulations. Attachments: Proposed Ordinance 58-09 Planning and Zoning Board Staff Report of October 19, 2009 ORDINANCE NO.58-09 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED AC (AUTOMOTNE COMMERCIAL) DISTRICT TO GC (GENERAL COMMERCIAL) DISTRICT; SAID LAND BEING A PARCEL LOCATED ON THE WEST SIDE OF NORTH FEDERAL HIGHWAY, APPROXIMATELY 1 SO FEET NORTH OF ALLEN AVENUE, AS MORE PARTICULARLY DESCRIBED HEREIN; AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, OCTOBER 2009"; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTNE DATE. WHEREAS, the property hereinafter described is shown on the Zoning District Map of the City of Delray Beach, Florida, dated October 2009, as being zoned AC (Automotive Commercial) District; and WHEREAS, at its meeting of October 19, 2009, the Planning and Zozxix~g Board for the City of Delray Beach, as Local Planning Agency, considered this item at a public hearing and voted 6 to 0 to recommend that the property hereinafter described be rezoned, based upon positive findings; and WHEREAS, pursuant to Florida Statutes 163.3174(4)(c}, the Planning and Zoning Board, sitting as the Local Planning Agency, has determined that the changes are consistent with and furthex the objectives and policies of the Comprehensive Plan; and WHEREAS, the City Commission of the City of Delray Beach adopts the Endings in the Planning and Zoning Staff Report; and WHEREAS, the City Commission of the City of Delray Beach f nds the ordinance is consistent with the Comprehensive Plan; and WHEREAS, it is appropriate that the Zoning District Map of the City of Delray Beach, Florida, be amended to reflect the revised zoning classification. 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 Zoning District Map of the City of Delray Beach, Florida, be, and the same is hereby amended to reflect a zoning classif cation of GC (Genexal Commercial) District for the following described property: Begin at the intersection of the North line of Lot 38 of Model Land Co. Subdivision of Section 9, Township 46 South, Range 43 East, and the East right-of way line of Old Dixie Highway, said paint of intersection being 30 feet Easterly, measured at right angles, from the East 50 foot right-of--way line of the Florida East Coast Railroad, being the point of beginning; thence Southerly, along the East right-of--way line of Old Dixie Highway, a distance of 326.61 feet; thence in an Easterly direction and parallel to the South line of Lat 38, a distance of 231.05 feet, mare or less, to the West right-af--way line of U.S. Highway No.l (State Road No. 5}; thence in a Northerly direction, along said West right-of--way line, a distance of 327.16 feet, mare or less, to the said North line of Lot 38, thence in a Westerly direction along the North line of said Lot 38, a distance of 231.20 feet, more ar less, to the point of beginning, said Tract being in Palm Beach County, Florida. Section 3. That the Planning and Zoning Dixector of the said City shall, upon the effective date of this ordinance, amend the Zoning Map of the City of Delray Beach, Florida, to conform with the provisions of Section 2 hereof. Section 4. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 5. 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 6. 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 ORD NO. 58-09 Second Reading ORD No. ss-a9 PLANNING AND ZONING BOARD CITY OF DELRAY BEACH ---STAFF REPORT--- MEETING DATE: October 19, 2009 AGENDA ITEM: VI.A ITEM: Privately initiated rezoning from AC (Automotive Commercial) to GC {Genera{ Commercial) fora 1.73 acre parcel of land located at 1900 North Federal Highway, formerly known as Motorsports of Delray. (Quasitilludicial Hearing} GENERAL DATA: Owner/Applicant ......................... Tazami, Inc. Applicant .................................... Hardial Sibia, VP of Tazami, Inc. Agent .......................................... Fred Griffin Location ...................................... Property Size .............................. Future Land Use Map ................ Current Zoning-.--.---.--• ................ Adjacent Zoning ................North: East: South: West: Existing Land Use ...................... Proposed Land Use .................... Water Service ............................. Sewer Service ............................ West side of North Federal Highway, approximately 150 feet north of Allen Avenue. 1.73 Acres GC (General Commercial) AC (Automotive Commercial) GC (General Commercial) RM (Medium Density Residential) AC (Automotive Commercial) R-1-A (Single Family Residential) Vacant Building Proposed adaptive re-use of the building for commercial uses Existing on site. Existing on site. V I. A. ITEM BEFORE T_HE BC?ARD The action before the Board is that of making a recommendation to the City Commission on a privately-initiated rezoning from AC (Automotive Commercial) to GC {General Commercial), for the property located at 19fl0 North Federal Highway, pursuant to LDR Section 2.4.5(D). The subject property is located on the west side of North Federal Highway, approximately 150 feet north of Allen Avenue. Pursuant to Section 2.2.2{E)(6) of the Land Development Regulations, the Planning and Zoning Board shall review and make a recommendation to the City Commission with respect to the rezoning of any property within the City. BACKGROUND The subject property consists of two unplatted parcels bordered on the west by Dixie Highway and on the east by Federal Highway. The 1.73 acre property contains an existing commercial building with associated parking that was constructed in 1963. Prior to 1985, an automobile dealership (Miller Dodge) occupied the site, which was located partially in the City and partially in unincorporated Palm Beach County. The use was nonconforming under the City's GC (General Commercial) zoning district. In early 1985, the unincorporated portion of the property was annexed into the City and the entire site was rezoned to SC (Specialized Commercial). In 1988, Miller Dodge vacated the premises. With the Citywide rezoning of 1990, the property was rezoned from SC to AC. At its meeting of January 23, 1996, the City Commission approved a rezoning from AC (Automotive Commercial) to SAD {Special Activities District). The SAD designation was used as a temporary zoning with a maximum period of three (3} years as the property was under contract to the owners to the north who wanted to expand their patio furniture sales and refinishing business. Thus, the SAD zoning allowed both GC and AC uses and restricted the sale of used cars. The property owners to the north occupied the building for a brief period and then vacated the site. The property was subsequently rezoned on October 1998 from SAD to AC in order to accommodate the sale of motorcycles, all-terrain vehicles and small boats with associated full service repair facility (formerly known as Motorsports of Delray). The Motorsports operation has vacated the site and the site and building is currently vacant. On September 3, 2009, an application was received to rezone the property. This rezoning request, is now before the Planning and Zoning Board for action. PROJECT 1JESCRIPTION The proposal is to change the zoning designation of the property from AC (Automotive Commercial} to GC (General Commercial) in order to allow a wide variety of commercial and office uses rather than those limited to auto related uses. P & Z Staff Report -Meeting Date: 10/19/09 1900 North Federal Highway Rezoning - AC to GC Page 2 ~ONIN'G ANALYSIS REQUIRED FINDINGS: (Chapter 3) Pursuant to Section 3.1.1 (Required Findings), prior to the approval of development applications, certain findings must be made in a form which is part of the official record. This may be achieved through information on the application, the staff report, or minutes. Findings shall be made by the body which has the authority to approve or deny the development application, These findings relate to the Future Land Use Map, Concurrency, Comprehensive Plan Consistency and Compliance with the Land Development Regulations. FUTURE LAND USE MAP: The resulting use of land or structures must be allowed in the zoning district within which the land is situated and said zoning must be consistent with the applicable land use designation as shown on the Future Land Use Map. The subject property is located within the North Federal Highway Overlay District and has a Future Land Use Map (PLUM) designation of GC (General Commercial) and is currently zoned AC {Automotive Commercial). The proposed GC (General Commercial) zoning designation is consistent with the GC Future Land Use Map designation. No specific use has been identified by the property owner, however the GC zoning district offers a wide range of commercial and office uses that could be accommodated on the property. Based upon the above, positive findings can be made with respect to Future Land Use Map Consistency. Concurrency: Concurrency as defined pursuant to Objective B-2 of the Future Land Use Elemen# of the Comprehensive Plan must be met and a determination made that the public facil"tty needs, including public schools, of the requested land use andlor development application will not exceed the ability of the City and The School District of Palm Beach County to fiund and provide, or to require the provision of, needed capital improvements in order to maintain the Levels of Service Standards established in Table C1wGOP-1 of the adopted Comprehensive Plan of the City of Delray Beach. The development proposal is to allow the adaptive re-use of the building for general commercial uses. This conversion will not have a negative impact with respect to Concurrency as it relates to parks and recreation, drainage or schools. Pertaining to other Concurrency items the following is noted: ^ Water service is provided via a service lateral connection to the existing 8" main along the east side of Dixie Highway. ^ Sewer service is provided via a service lateral connection to the existing 8" main along Dixie Highway. © Adequate fire suppression is provided as a fire hydrant is located on-site 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. Traffic: The proposed zoning is of similar intensity, therefore a potential increase in traffic is not anticipated from the rezoning action itself. As the intensity of uses within the AC and GC zoning P & ~ 5taff Report -Meeting Qate: 10/19/09 1900 North Federai Highway Rezoning - AC to GC Page 3 districts are similar, comparable traffic volumes would be generated. With the submittal of a site plan modification to establish a change of use, a traffic impact study will be requiredo The traffic study must comply with Palm Beach County Traffic Performance Standards Ordinance. There are no problems anticipated meeting traffic concurrency and the associated levels of service. Solid Waste: With the exception of restaurants, the trash generated by uses within the proposed GC zone district is comparatively similar to those uses within the AC zone district. if the site was to be occupied by a restaurant, concurrency determination with respect to solid waste would be required. It is not anticipated that uses within the GC zone district would create an adverse impact on this level of service standard. Based upon the above, positive findings can be made with respect to concurrency findings Consistency:. A finding of overall consistency may be made even though the action will be in conflict with some individual performance standards contained within Article 3.2, provided that the approving body specifically finds that the beneficial aspects of the proposed project {hence compliance with some standards) outweighs the negative impacts of identified points of conflict. Section 3.2.2 Standards for Rezonin Actions : Standards A, B, and E are not applicable. The applicable performance standards of Section 3.2.2 are as follows: (CJ Zoning changes that would result in strip commercial development shall be avoided. Where strip commercial developments or zoning currently exists along an arterial street, consideration should be given to increasing the depth of the commercial zoning in order to provide for better project design. The North Federal Highway area is characteristic of a strip commercial area due to the constraints of the parcels being bounded by Federal Highway on the east and Dixie Highway on the west. The proposed zoning seeks to expand the uses to be allowed within an existing building and not the development of a new strip commercial center. Further, with any future re- development of the site, such development would be required to adhere to the North Federal Highway Overlay District regulations. (D) That the rezoning shall result in allowing land uses which are deemed compatible with adjacent and nearby land use both existing and proposed; or that if an incompatibility may occur, that sufficient regulations exist to properly mitigate adverse impacts from the new use. The fallowing zoning designations and uses border the property: Zoning Designation: Use: North: General Commercial GC RetaillOffice South: AC Automotive Commercial Autobahn Motors East: RM Medium Densit Residential Kokomo Ke West: CF Community Facilities and R-1-A Sin le Famil Residential} Plumosa Elementary School and Single Famil Residences P & Z Staff Report -Meeting Date: 141'19109 1944 North Federal Highway Rezoning - AC to GC Page 4 The proposal will rezone 1.73 acres from AC to GC. The Old Dixie Highway and North Federal Highway corridor contains a mix of uses including retail, office, light industrial and residential. There are no compatibility concerns with the surrounding uses to the north or south of the subject parcel as the parcel to the north is zoned GC and the AC zoning to the south is of similar intensity. It should be noted that the North Federal Highway Overlay District allows certain industrial uses including the fabrication andlor assembly of manufactured materials, wholesaling, storage and distribution of products as conditional uses. However, the LDRs require that such uses operate in conjunction with a permitted service or retail use, maintain a commercial facade along North Federal Highway, operate within an enclosed building with no outside storage and orient overhead doors away from rights-of-way. The residential uses to the east and west should not be negatively impacted as the proposed zoning will allow the re-utilization of the existing site for commercial uses (retailloffice) that were envisioned for this corridor and do not have a greater impact than the former AC use. Further, these residential uses are separated from the subject property to the west by the FEC Railroad and Dixie Highway and to the east by Federal Highway. Based upon the above, positive findings with regard to LDR Section 3.2.2(D) could be made. Section 2.4.5(D] (5) {Rezoning Findings): Pursuant to Section 2.4.5[D} [5} [Findings), in addition to provisions of Chapter 3, the City Commission must make a finding that the rezoning fulfills one of the reasons for which the rezoning change is being sought. These reasons include the following: a. That the zoning had previously been changed, or was originally established, in error; b. That there has been a change in circumstances which make the current zoning inappropriate; c. That the requested zoning is of similar intensity as allowed under the Future Land Use Map and that it is more appropriate for the property based upon circumstances particular to the site andlor neighborhood. The applicant has submitted a justification statement, which states the following: "The reason (Reason "B') for the rezoning is the over abundance of auto dealership in the City and the lack of interest in reefing this building for an auto dealership. Additionally, fhe applicant also cites Reason "C" as the proposed zoning is comparable with fhe zoning district to the north". This request is of similar intensity as allowed under the Future Land Use Map. The requested zoning would promote the adaptive re-use of the site, COMPREHENSIVE PLAN POLICIES: A review of the objectives and policies of the adopted Comprehensive Plan was conducted and the following applicable objectives and policies are noted: Future Land Use Element Objective A-1: Property shall be developed or redeveloped, in a manner so that the fiuture use, intensity and density are appropriate in terms ofi soil, topographic, and other applicable physical considerations; encourage P & Z Staff Report -Meeting bate: 10/19/09 1900 North Federal Highway Rezoning - AC to GC Page 5 affordable goods and services; are complementary to and compatible with adjacent land uses; and fulfill remaining land use needs. The proposed GC zoning will be complementary with the current uses surrounding the property which consist of commercial and primarily multiple family developments. With the proposed GC zoning, retail and offices uses would be introduced which would be more complimentary to the surrounding residential uses. Future Land Use Element Policy C-1.4_ - (in summary) ...the North Federal Highway Corridor is identified as a blighted area. The North Federal Highway Redevelopment Plan was approved by the City Commission on March 16, 1999. The Plan identified the need for limited rezonings and LDR amendments, along with improvements necessary to accomplish certain redevelopment goals. Future development in the area must be in accordance with the provisions of the Redevelopment Plan. Since Motorsports of Delray vacated the site, the property has remained vacant. The AC zoning limits the leasing of the site to primarily auto related uses. The rezoning to GC will allow the utilization of the buildings for other commercial uses similar to the commercial uses within the surrounding area and prevent further deterioration of the site. The proposal will provide economic activitylstimulation and re-investment in the area and provide an inducement to further redevelopment of the Federal Highway corridor. Thus, the proposal is consistent with the objectives of the North Federal Highway Redevelopment Plan. REVIEW BY OTHERS _ Community Redevelopment Agency {CRA): At its meeting of October 8, 2009, the Community Redevelopment Agency (CRA) recommended approval of the rezoning request. Courles Nofices: Courtesy notices have been sent to the following homeowner's andlor civic associations: • Neighborhood Advisory Council • Gerry Franciosa, Progressive Residents of Delray (P.R.O.D.) • Scott Christensen, Seacrest HOA • Todd Harvey, Kokomo Key • McCall Credle's Rosenthal, La Hacienda Public Notice: Formal public notice has been provided to property owners within a 500' radius of the subject property. Letters of support or objection, if any, will be presented at the Planning and Zoning Board meeting. ASSESSMENT AND GONCLUSION The proposed rezoning from AC to GC is consistent with the goals, objectives andlor policies of the City's Comprehensive Plan, and LDR Sections 2.4.5{D), 3.1.1 (Required Findings), and P & Z Staff Report -Meeting pate: 10/19/09 190Q North Federal Highway Rezoning - AC to GG Page fi 3.2.2 (Standards for Rezoning). Positive findings can be made with respect to Concurrency and Compatibility with the surrounding [and uses. With regard to LDR Sections 2.4.5(D}{5) and 3.2.2 (C) and (D), the proposed rezoning of the subject property to GC is appropriate. The subject property is located within an area. containing a mix of commercial, residential, and automotive uses. Both the current zoning of AC and the proposed rezoning of GC are appropriate zoning designations for the property, based on the FLUM designation of GC. Based upon the above, a recommendation of approval can be made to the City Commission. ALTERNATIVE ACTIONS ~~ - - A. Continue with direction. B. Move a recommendation of approval to the City Commission for the privately initiated rezoning from AC to GC for 1900 North Federal Highway, 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 Sections 2.4.5{D){5), 3.1.1 and 3.2.2 of the Land Development Regulations. C. Move a recommendation of denial to the City Commission for the privately initiated rezoning from AC to GC for 1900 North Federal Highway, by adopting the findings of fact and law contained in the staff report, and finding that the request is inconsistent with the Comprehensive Plan and does not meet the criteria set forth in Sections 2.4.5{D){5), 3.1.1 and 3.2.2 of the Land Development Regulations. D. Board's Discretion. =- STAFF RECaMMENDATI~N Move a recommendation of approval to the City Commission for the privately initiated rezoning from AC to GC far 19flfl North Federal Highway, 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 Sections 2.4.5(D}(5}, 3.1.1 and 3.2.2 of the Land Development Regulations. 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