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11-17-09 Agenda Reg~~~ ~j ~~ L~ ~" 1 _.. .~.,.., CITY COMMISSION CITY OF DELRAY BEACH FLORIDA REGU.L.AR MEETING -TUESDAY NOVEMBER 17 2009 6:00 P.M. -COMMISSION CHAMBERS AGENDA ADDENDUM THE AGENDA, IS AMENDED BY' ADDING THE f~C7T..LOWING ITEM: 9. REGULAR AGENDA: E. RESOLUTION NO. 61-09: Consider approval of Resolution Na. 61-09 in order to show the City's support far saving the Tri-Rail. (Addendum) Please be advised that if a person decides to appeal. any decision made by the City Carsi.rxlission with respect to any matter considered at this meeting, such person will need to ensure that a verbatim retard includes the testimony and evidence upon which the appeal is based. "T"he City neither prc.rvides nox prepares such record. City of Del ray Beach Regular Commission Meeting RULES FOR PUBLIC PARTICIPATION Tuesday, November 17, 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 xa11 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. NONE 4. AGENDA APPROVAL APPROVAL OF MINUTES: A. November 3, 2009 -Regular Meeting B. November 10, 2009 -Workshop Minutes 6. PROCLAMATIONS: A. Recognizing and Commending Trinity Lutheran Varsity Football Team 7. PRESENTATIONS: A. City of Delray Beach Residents Academy Certificates - .Tanet Meeks 8. CONSENT AGENDA: City Manager Recommends Approval A. SERVICE AUTHORIZATION NO. 07-12/MATHEWS CONSULTING, INC.: Approve Service Authorization No. 07-12 in the amount of $78,322.00 to Mathews Consulting, Inc. for performance of a water system audit to identify sources of unaccounted for water in the City's system. Funding is available from 441-5161-536-34.90 (Water & Sewer Fund/Other Contractual Services B. RESCIND PUBLIC ART COMPONENT/ART AND .TAZZ ON THE AVENUE/SUMMER NIGHTS ON THE AVENUE: Approve rescinding approval of a Public Art component for six (6) Art and .razz on the Avenue and six ~) Summer Nights on the Avenue events in the amount of $10,000.00. C. AMENDMENT TO THE INTERLOCAL AGREEMENT/PALM BEACH COUNTY: Approve an Amendment to the Interlocal Agreement between the City and Palm Beach County extending the time of completion to .Tanuary 30, 2010 for installation of trombone signal mast arms at the intersection West 12th Avenue and West Atlantic Avenue.Palm Beach County will reimburse the City in the amount of $250,000.00 for costs associated with this project. D. FIRST AMENDMENT TO THE INTERLOCAL AGREEMENT/PALM BEACH COUNTY/DELRAY BEACH HOUSING AUTHORITY FOR CARVER ESTATES/AUBURN AVENUE: Approve a First Amendment to the Interlocal Agreement between Palm Beach County, the City and Delray Beach Housing Authority (DBHA) for improvements on S.W. 12th Avenue/Auburn Avenue/S.W. 14th Avenue from S.W. 10th Street to West Atlantic Avenue, which provides for reimbursing the City $1,000,000.00 for the costs associated with the improvements along this corridor. E. LANDSCAPE MAINTENANCE AGREEMENT/415 ENFIELD ROAD: Approve and accept a landscape maintenance agreement with Kathy Laxson providing for the installation of hedges in the City's right-of-way to effectively screen the proposed shadow-box fence at 415 Enfield Road. F. AMENDMENT NO. 2 TO THE AGREEMENT WITH GOVDEALS, INC.: Approve Amendment No. 2 to the Agreement with GovDeals, Inc. to extend the agreement an additional twenty-four (24) months. G. EXTENDED WARRANTY AND MAINTENANCE/ZOLL MEDICAL CORPORATION: Approve a one ~) vear extended warranty and maintenance in the amount of $22,052.00 to Zoll Medical Corporation for sixteen (16) Zoll Defibrillator Units. Funding is available from 001-2315-526-46.20 (General Fund/Repair & Maintenance Services/Equipment Maintenance). H. CONSENT TO ASSIGNMENT/T-MOBILE TO MOBILITIE INVESTMENTS II, LLC.: Approve the Consent to Assignment to transfer a City lease agreement from T-Mobile to Mobilitie Investments II, LLC for the cell tower at Barwick Park. I. RATIFICATION OF APPOINTMENT TO THE PARKING MANAGEMENT ADVISORY BOARD: Approve and ratify the appointment of Ms. Diane Franco to the Parking Management Advisory Board for a term ending .Tiny 31, 2010. J. RATIFICATION OF APPOINTMENTS/KIDS AND COPS COMMITTEE: Approve and ratify the current appointees to the Kids and Cops Committee for two ~) vear terms ending November 30, 2011. K. SPECIAL EVENT REQUEST/KIDS DAY AT THE TREE: Approve and endorse Kids Day at the Tree scheduled for December 12, 2009 from 10:00 a.m. to 4:00 p.m.; granting a temporary use permit per LDR Section 2.4.6.0 for the closure and use of N.E. 1St Avenue from Atlantic Avenue to the alley north of Atlantic, and authorize staff support for traffic control and security, barricading trash clean u~ fire inspection and use of a City portable generator, contingent on the receipt of the Certificate of Liability Insurance. L. SPECIAL EVENT REQUEST/12TH ANNUAL FIRST NIGHT 2010: Approve a special event request to endorse the 12th Annual First Night 2010 event on December 31, 2009 from 4:00 p.m. to midnight, granting a temporary use permit per LDR Section 2.4.60 for the use of City rights-of- way and facilities as requested, and to authorize staff support for traffic control and security, site cleanup and trash removal, barricade set up and removal, signage construction and installation and EMS services. M. SPECIAL EVENT RE~UEST/HOWARD ALAN 21St ANNIVERSARY DELRAY BEACH FESTIVAL OF THE ARTS: Approve a special event request for the 21St Anniversary Delray Beach Festival of the Arts sponsored by Howard Alan Events, Ltd. to be held on .Tanuary 16-17, 2010 from 10:00 a.m. to 5:00 p.m., granting a temporary use permit per LDR Section 2.4.60 for use of City rights-of-way on Atlantic Avenue from the east side of N.E. 6th Avenue to Bronson, and the Gladiola lot (S.E. 6th Avenue) for vendor parking; authorize staff support for security and traffic control, barricade assistance, EMS assistance, and permit an event sign to be erected on Atlantic Avenue just east of I-95 fourteen (14~ys prior to the event with the sponsor paying all overtime costs. N. SPECIAL EVENT REQUEST/ART AND JAZZ ON THE AVENUE: Approve a special event request to endorsethe next Art and .razz on the Avenue to be held on .Tanuary 28, 2010 from 6:00 p.m. to 10:00 p.m., to grant a temporary use permit per LDR Section 2.4.6(F) for the closure of Atlantic Avenue from Swinton to the west side of N.E./S.E. 7th Avenue, Railroad Avenue from Atlantic north to the north side of the east/west alley, and to the alleys north and south of Atlantic on N.E./S.E. 1St Avenue, N.E./S.E. 2nd Avenue, S.E. 3rd Avenue, N.E./S.E. 4th Avenue, and S.W. 5th Avenue from S.W. 1st Street to about 1/2 block north; to authorize staff support for security, traffic control, EMS assistance, banner hanging and removal, barricade set up and removal, and trash removal and clean u~; contingent upon receipt of an updated Certificate of Liability Insurance. O• SPECIAL EVENT REQUEST/11th ANNUAL GARLIC FESTIVAL: Approve a special event reauest for the 11th Annual Garlic Festival to be held on Februarv 12-14. 2010. and to grant a temporary use permit per LDR Section 2.4.6(F) for use of City rights-of-way to include N.E. 1st Avenue from Atlantic to the grass area at Old School Square, Swinton Avenue from Atlantic to N.E. 1St Street and Old School Square Park, from 6:00 a.m., February 12 through midnight, February 14, 2009 and use of the Old School Square Parking Garage and the City Attorney lot for event parking and authorize staff support for traffic control and security, EMS assistance, barricading banner hanging signage preparation and installation, site clean up and trash removal, and waiver of the two ~) hour parking limit in the downtown area during the event subject to the conditions listed in the staff report recommendation. P. SPECIAL EVENT REQUEST/42ND ANNUAL SAINT PATRICK'S DAY PARADE: Approve a special event request for the 42"d Annual St. Patrick's Day Parade and Party on Saturday, March 13, 2010, beginning with setup at 11:00 a.m., parade starting at 2:00 p.m. and ending at approximately 4:00 p.m., and a event at Old School Square from 11:00 a.m. to 7:00 p.m., to grant a temporary use permit per LDR's Section 2.4.60 for the use of Atlantic Avenue from Venetian Drive to N.W. 1St Avenue for the parade and Venetian Drive and Gleason Street for staging of parade entries, and to approve staff support for traffic control and security, barricading trash removal, EMS assistance, use of half of the small stage and to allow event signage to be put up fourteen (14) days prior to the event, contingent upon receipt of the required certificate of liability insurance by March 3, 2010. Q. SPECIAL EVENT REQUEST/SAVOR THE AVENUE: Approve and endorse Savor the Avenue, sponsored by Florida Table Magazine and supported by the Downtown Marketing Cooperative, to be held on March 18~ 2010 from 5:30 p.m. to 8:30 p.m; to grant a temporary use permit per LDR Section 2.4.60 for closure and use of Atlantic Avenue from Swinton to the west side of N.E./S.E. 5th Avenue, and to authorize staff support for traffic control and security, barricading use of a City owned portable generator and banner hanging with banners to be hung no sooner than 14 days prior to the event, contingent upon receipt of a certificate of event and alcohol liability insurance and an executed Hold Harmless Agreement by March 8, 2010. R. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period November 2, 2009 through November 13, 2009. S. AWARD OF BIDS AND CONTRACTS: 1. Contract award to Stanley Convergent Security Solutions, Inc. in the amount of $22,261.00 for the installation of Phase II of the security/fire monitoring system at the Water Treatment Plant. Funding is available from 442-5178-536-64.90 (Water and Sewer Renewal Replacement Fund/Machinery/Equipment/Other Machinery/Equipment). 2. Contract award to Chaz Equipment CompanX, Inc. in the amount of $29,500.00 for emergency repair of the 36" Raw Water Main at the intersection of S.W. 7th Street and S.W. 15th Avenue. Funding is available from 442-5178-536-63.50 (Water & Sewer Renewal and Replacement Fund/Improvements Other/Water Mains). REGULAR AGENDA: A. CONDITIONAL USE EXTENSION REQUEST/ATLANTIC SHORES: Consider a reauest to extend for two years the conditional use for increasing the building height to a maximum of 60' and allowing more than 30 dwelling units per acre (41.30 du/ac) for Atlantic Shores, located on the west side of the S.E. 2"d Avenue, approximately 80' south of S.E. 1St Street. (Quasi-Judicial Hearin B. WAIVER REQUESTS AND PLAT APPROVAL/HAPPY TOGETHER PLAT:Consider a request to waive the minimum lot width and frontage requirements for one lot and approve the final plat for creation of a two-lot subdivision known as "Happy Together Plat" located at the northwest corner of N.W. 9th Street and N.W. 4th Avenue. (Quasi-Judicial Hearing C. SERVICE AUTHORIZATION N0.07-05/KIMLEY-HORN AND ASSOCIATES, INC.: Approve Service Authorization No. 07-05 in the amount of $1,136,485.00 for the design of the Federal Highway Enhancements Project. Funding will be provided by Community Redevelopment Agency and 334-3162-541-68.52 (General Construction Fund/Other Improvement/Federal Highway Beautification). D. APPOINTMENTS TO THE KIDS AND COPS COMMITTEE: Appoint three ~) At Large Representatives and one ~) Citizen At Large Representative to the Kids and Cops Committee to serve two ~) year terms ending .Tiny 31, 2011. Based upon the rotation system, the appointments will be made by Commissioner Gray (Seat #4~ Mayor McDuffie (Seat #5~ Commissioner Eliopoulos (Seat #1) and Commissioner Fetzer (Seat #2~ E. RESOLUTION NO. 61-09:Consider approval of Resolution No. 61-09 in order to show the City's support for saving the Tri-Rail. (Addendum 10. PUBLIC HEARINGS: 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. (Quasi-Judicial Hearing B. AMENDMENT TO THE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) ANNUAL ACTION PLAN (FY 2007 - 2008): Consider approval to amend the CDBG Annual Action Plan (FY 2007-2008) to include $70,000.00 toward funding Public Facilities and Improvements located within the CDBG target areas. Funding is available from 118-1963-554-49.19 (Neighborhood Services/Other Current Charges/Housing Rehabilitation). 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. 59-09: Consider a CRA-initiated ordinance modifying the Community Redevelopment Plan, finding that the modifications conform to the Community Redevelopment Act of 1969, as amended; finding that the modifications are consistent with the City's Comprehensive Plans and making further findings pursuant to applicable requirements of Florida Statute 163.360. If passed, a public hearing will be held on December 1, 2009. B. ORDINANCE NO. 60-09: Consider a city-initiated amendment to the Land Development Regulations that will create the Chatelaine Local Government Neighborhood Improvement District. If passed a public hearing will be held on December 1, 2009. 13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS: A. City Manager B. City Attorney C. City Commission NOVEMBER 3, 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, November 3, 2009. 1. Roll call showed: Present - Commissioner Gary P. Eliopoulos Commissioner Fred B. Fetzer Commissioner Adam Frankel Commissioner Angeleta E. Gray Mayor Nelson S. McDuffie Absent - None Also present were - David T. Harden, City Manager Brian Shutt, City Attorney Chevelle D. Nubin, City Clerk 2. The opening prayer was delivered by Reverend Nancy Norman with Unity of Delray Beach. At this point, Mayor McDuffie introduced the Atlantic High School Criminal Justice Honor Guard. 3. The Pledge of Allegiance to the flag of the United States of America was given. 4. AGENDA APPROVAL. Mayor McDuffie noted there is revised information (letter) for Item 8.H., Ratification of the South Central Regional Wastewater Treatment and Disposal Board Action. Mayor McDuffie stated staff is requesting that Item 9.E., Request for Qualifications (RFQ)/Veteran's ParWWorthing Park be removed from the Agenda. It was the consensus of the Commission to remove Item 9.E. from the Agenda. Also, there is an additional resume for Item 9.G., Appointments to the Financial Review Board. Mr. Eliopoulos moved to approve the Agenda as amended, 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. 11/03/09 5. APPROVAL OF MINUTES: Mr. Eliopoulos moved to approve the Minutes of the Regular Meeting of October 6, 2009, 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. Mr. Frankel moved to approve the Minutes of the Workshop Meeting of October 13, 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. Mr. Fetzer moved to approve the Minutes of the Regular Meeting of October 20, 2009, 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. 6. PROCLAMATIONS: 6.A. Recognizing Dan Bernheim - Delaire Charity Golf Tournament Mayor McDuffie read and presented a proclamation hereby recognizing and commending DANIEL "DAN" BERNHEIM for his unwavering support and efforts on behalf of the City of Delray Beach. A member of Mr. Bernheim's family came forward to accept the proclamation and gave a few brief comments. 6.B. Reco~nizin~ and Commending Elizabeth Wesley for the "2009 Women of Courage & Achievement" recognition Mayor McDuffie read and presented a proclamation hereby recognizing and commending 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. Mrs. Wesley came forward to accept the proclamation and gave a few brief comments. 6.C. Dr. Theodore A. Bush Day -November 8, 2009 Mayor McDuffie read and presented a proclamation hereby recognizing and proclaiming 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. Dr. Theodore Bush came forward to accept the proclamation and gave a few brief comments. 2 11/03/09 7. PRESENTATIONS: A. None 8. CONSENT AGENDA: City Manager Recommends Approval. 8.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. 8.B. ACCEPTANCE OF RIGHT-OF-WAY DEED/ALOHA CLEANERS: Approve and accept aright-of--way deed for Aloha Cleaners, located at 501 N.E. 2nd Street. 8.C. EXTENSION OF TIME UNDER SETTLEMENT AGREEMENT/FRANK & NILSA McKINNEY & VILLAGE BY THE SEA, LLC v. THE CITY OF DELRAY BEACH: Consider approval of an extension of time until January 31, 2010 under the Settlement Agreement dated December 16, 2008 to remove and relocate the tree house accessory structure. 8.D. AGREEMENT/UNITED 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. 8.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). 8.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 and approve filing a grant application for implementation of an aggressive driving/speed enforcement program. 8.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. The caption of Resolution No. 58-09 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING 11/03/09 RESOLUTION 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; PROVIDING AN EFFECTIVE DATE. (The official copy of Resolution No. 58-09 is on file in the City Clerk's office.) 8.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. 8.I. SPECIAL EVENT REQUEST/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. 8_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. 8.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/IJniforms/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. 4 11/03/09 Mr. Eliopoulos moved to approve the Consent Agenda as amended, 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. WAIVER REQUESTS/FIRE STATION NO. 3: Consider two (2) 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 located on the north side of Linton Boulevard, 320 feet east of S.W. 8th Avenue at 651 Linton Boulevard. (Quasi-Judicial Hearing) Mayor McDuffie read into the record the City of Delray Beach procedures for aQuasi-Judicial Hearing for this item. Chevelle D. Nubin, City Clerk, swore in those individuals who wished to give testimony on this item. Mayor McDuffie asked the Commission to disclose their ex parte communications. The Commission had no ex parte communications to disclose. Paul Dorling Director of Planning and Zoning, entered the Planning and Zoning Department file #2009-240 into the record. Mr. Dorling stated this is for two waiver requests; one to the maximum driveway width which is allowed to be 36 feet and the proposed width is 48 feet 8 inches and decrease the minimum standard aisle width from 20 feet to 15 feet. This is for the Fire Station #3 site. He stated a site plan was processed for replacement of this fire station in conjunction with some grant requests that have been done. Mr. Dorling stated this is a mirror image of the fire station done on Barwick Road. The site is a little narrower and therefore, there is a request for a reduction in this driveway width which provides access to the parking spaces to the rear. Mr. Dorling stated this will be employee parking and shift parking and the public will utilize the parking spaces in the front. 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. Mr. Dorling stated the required findings are made in the staff report and given those positive findings staff recommends approval. There was no cross examination or rebuttal. 5 11/03/09 Mayor McDuffie stated if anyone from the public would like to speak in favor or in opposition of the waiver requests, 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. Mr. Eliopoulos stated everyone keeps talking about going green and one of the ways to go green is by doing renovations. Therefore, he will not support this. 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 as presented, 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 - No. Said motion passed with a 4 to 1 vote, Commissioner Eliopoulos dissenting. 9.B. CONTRACT ADDITION (C.O. NO. 6) WEST CONSTRUCTION, INC./MIL,LER 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). Richard Hasko, Director of Environmental Services, stated this proposal is a contract addition to the Miller Park project and addresses the issues that exist primarily with the condition of the outfield irrigation system at Little Fenway Ball Field. Mr. Hasko stated those areas were not part of the original scope of the Miller Field project. He stated staff had interaction with the various organizations that use the field and because of the poor condition of the outfield staff asked West Construction for a proposal to re-sod and re-grade and put in a new irrigation system and that proposal is $74,550.00. Mr. Hasko stated this would be Contract Addition No. 6 and amounts to about an 8% contract increase. The City Manager stated staff received another quote that was a little over $100,000.00. Mr. Eliopoulos asked why staff did not know about this going into this and inquired if the conditions have changed. Mr. Hasko stated when the project was originally conceived and scoped out, the focus was primarily on the playing fields and the improvements to the south that involved the issues with the parking facilities, the condition of those fields and the ability to expand those and improve those, the Miracle League Field, etc. The City Manager stated both the Sergio Field and Little Fenway were not included in the original plan. In the last few months, the City Manager stated it has been brought to the City's attention that Fenway really needs some work. Mrs. Gray asked if there is any indication the other field will be coming back for improvements. The City Manager stated staff met today to discuss the press box 6 11/03/09 at Little Fenway. He stated the press box at Little Fenway is in very poor shape and the City is considering knocking it down and replacing it. Staff will bring more information to the Commission as it develops. Mr. Frankel expressed concern that this is the sixth change order. The City Manager stated this is not a change but it is an addition to the contract that was not part of the original scope. Mrs. Gray moved to approve Change Order No. 6 for West Construction in the amount of $74,550.00, 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. 9.C. RATIFICATION OF COLLECTIVE BARGAINING AGREEMENT/POLICE BENEVOLENT ASSOCIATION (POLICE LIEUTENANTS): Consider ratification of a Collective Bargaining Agreement between the City of Delray Beach and the Police Benevolent Association (Police Lieutenants). Bruce Koeser, Human Resources Director, stated the City has reached an agreement with the Police Benevolent Association for the Police Lieutenants. Mr. Koeser stated the agreement duration is from September 1, 2009 through September 30, 2011, and provides fora 5% wage adjustment retroactive to September 1, 2009, the work cycle was increased to 84-hours in a two (2) week cycle, a wage freeze effective October 1, 2009 and a wage reopener for next fiscal year. Mr. Koeser stated other benefits Lieutenants have been receiving such as take home vehicles and the ICMA match remains the same. Mr. Frankel moved to approve ratification of the Collective Bargaining Agreement with the Police Benevolent Association (Police Lieutenants), 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.D. AGREEMENT/FUMERO LAW GROUP, P.A./ENVIRONMENTAL LEGAL SERVICES: Consider 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 $46,800.00. Funding is available from 441-5111-536-31.10 (Water and Sewer Fund/Professional Services/Legal). Richard Hasko, Director of Environmental Services, stated this proposal is with Fumero Law Group for legal services with respect to monitoring, reporting and limited representation regarding rule proposals, legislative initiatives and permitting associated with environmental issues that affect the City particularly the public utilities not purely water and sewer but stormwater as well Mr. Hasko stated historically we 7 11/03/09 have been reliant on memberships and non-profit organizations to try and monitor all of the rule change proposals and legislative proposals that we face every year. NIr. Fetzer stated he spoke with the City Attorney today to see if there was some other funding plan because as he understands it staff does not know the amount of legal work that is going to be required to do this. Mr. Hasko stated it does not have an exclusive scope in terms of a particular issue that Mr. Fumero's group will represent the City on but it is more of a focus on environmental issues that potentially will impact the City. NIr. Fetzer stated in his conversation with the City Attorney today he realizes this could possibly be a very significant financial impact on the City and he is concerned because he does not know the scope of work that is involved. NIr. Fetzer suggested that if the City goes forward with this that staff try to monitor what is required of this firm and what they do for us for that amount of money so that we will have a better feel for if this makes sense to do in the future. NIr. Eliopoulos stated he has similar reservations as Commissioner Fetzer. NIr. Eliopoulos expressed concern with doing a yearly contract with someone and not really knowing the outcome of what you are going to get. He stated he understands the purpose of it and the goal but he does not see any guarantees. Mr. Hasko stated in this type of agreement it does not focus on a specific issue for which the firm will provide the City with representation. Mr. Hasko stated its focus is overall monitoring to identify those issues and staff thinks they know what they are going to be faced with this year from FDEP (Florida Department of Environmental Protection) but there could be others. He stated staff does not know what type of Legislature initiatives the City may be facing this year. NIr. Hasko stated in the last few years there has been more and more focus on environmental types of issues in the State Legislature. Mrs. Gray asked if there is a restriction or cap as to how much work they would be doing for the City for example if there were 3, 4, 5, or 6 issues. NIr. Hasko stated there is limited representation involved with this contract and if there is an issue that arises that the City has serious concerns about that would require a specific focus on from a legal standpoint then they would come forward with an additional proposal to do that. Brief discussion by the Commission continued. Mrs. Gray moved to approve the agreement with the Fumero Law Group, P.A., for legal services, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mayor McDuffie - No; Mr. Eliopoulos - No; Mr. Fetzer -Yes; Mr. Frankel - No; Mrs. Gray -Yes. Said motion to approve the Agreement was DENIED with a 3 to 2 vote, Commissioner Fetzer and Commissioner Gray dissenting. 8 11/03/09 9.E. THIS ITEM HAS BEEN REMOVED FROM THE AGENDA. 9.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). Lula Butler, Director of Community Improvement, stated this is a request to approve an agreement for landscape architectural services for the medians between Swinton Avenue and 12th Avenue. Mrs. Butler stated staff recommends the second lowest bidder as the most qualified bidder, Cotleur & Hearing, Inc., in the amount of $23,122.00. She stated the City applied and received a $200,000.00 grant in May 2009 that will be used towards the redesign and installation of new landscape and irrigation material within the project limits. Mrs. Butler stated if the Commission approves this agreement tonight then staff can move forward with conceptual plans and have a multitude of meetings that will have to occur with Florida Department of Transportation (FDOT) to do this. Staff recommends to award to the most qualified bidder, Cotleur & Hearing, Inc., in the amount of $23,122.00. Mrs. Gray asked how soon this project will be completed. Mrs. Butler stated staff hopes to have this project completed by this time next year. Mrs. Gray moved to approve an agreement with Cotleur & Hearing, Inc. for the Atlantic Avenue landscape medians, 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. 9.G. APPOINTMENTS TO THE FINANCIAL REVIEW BOARD: Appoint two (2) regular and one (1) alternate member to the Financial Review Board to serve terms ending July 31, 2010 and July 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). Mrs. Gray moved to appoint Brenda Durden as a regular member to the Financial Review Board to serve a one (1) year term ending July 31, 2010, 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 moved to appoint Christina Morrison Pearce as a regular member to the Financial Review Board to serve a two (2) year term ending July 31, 2011, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mr. Fetzer - Yes; Mr. Frankel -Yes; Mrs. Gray -Yes; Mayor McDuffie -Yes; Mr. Eliopoulos -Yes. Said motion passed with a 5 to 0 vote. 9 11/03/09 Mrs. Gray moved to appoint Helena Antunes-Boska as an alternate member to the Financial Review Board to serve a two (2) year term ending July 31, 2011, seconded by NIr. Frankel. Upon roll call the Commission voted as follows: NIr. Frankel - Yes; Mrs. Gray -Yes; Mayor McDuffie -Yes; Mr. Eliopoulos -Yes; NIr. Fetzer - Yes. Said motion passed with a 5 to 0 vote. 9.H. APPOINTMENT TO THE POLICE ADVISORY BOARD: Appoint one (1) regular member to the Police Advisory Board to serve an unexpired term ending July 31, 2010. Based on the rotation system, the appointment will be made by Commissioner Fetzer (Seat #2). NIr. Fetzer moved to appoint Jeff Ritter as a regular member to the Police Advisory Board to serve an unexpired term ending July 31, 2010, seconded by NIr. Eliopoulos. Upon roll call the Commission voted as follows: Mrs. Gray -Yes; Mayor McDuffie -Yes; NIr. Eliopoulos -Yes; NIr. Fetzer -Yes; Mr. Frankel -Yes. Said motion passed with a 5 to 0 vote. 10. PUBLIC HEARINGS: A. None At this point, the time being 6:50 p.m., the Commission moved to Item 11.B., Comments and Inquiries on Non-Agenda Items from the Public. 11.B. From the Public. 11.B.1. Don Anthony, Communications Director for the Animal Rights Foundation of Florida (speaking on behalf of the 5,000 members of the Animal Rights Foundation of Florida many of whom live in Delrav Beach), briefly spoke about the carriage horse situation that the Commission voted to allow to run on the streets of Delray Beach two weeks ago. NIr. Anthony urged the City Commission to reconsider and disallow such a vehicle for numerous reasons. He stated many other cities have banned carriage horses because it is cruel to the animals, it is dangerous to the people, and it is a legal hazard to the city. He urged the Commission to re-examine allowing any company to operate these horse drawn carriages in Delray Beach and not allow this type of operation next year. 11.B.2. Christina Pearce, 2000 South Ocean Boulevard #307, Delrav Beach, FL 33483, commented about the Palm Beach Post article on Sunday regarding the prescription drug clinics in the city. She requested that the City send a letter of rebuttal that we have already addressed that issue in the city and are outlawing future drug clinics from operating in the city. Ms. Pearce requested that we have some positive press releases because there are so many good things going on in the city and all that is getting published are the bad things. 10 11/03/09 11.B.3. Pauline Moody, 609 S.W. 8th Avenue, Delrav Beach, FL 33444, asked when the sidewalks are going to be totally completed in the city. Mayor McDuffie stated he is a member of the Metropolitan Planning Organization (MPO) and it will be sometime after 2035 before every street, alley, and sidewalk is complete in Delray Beach (those are the ones that the City of Delray Beach has to do business with the Florida Department of Transportation). 11.B.4. Shawn T. Wright, 30 Lake Court, Delrav Beach, FL 33444 (lived in Delrav Beach his entire life and is going to practice law here), expressed concern over an article in the Palm Beach Post dated October 20, 2009 of which this Commission held a vote regarding a developer and within that vote it was stated within the article that several Commission members received campaign contributions from the developer. Mr. Wright stated the article went on to state that maybe these Commission members should have recused themselves. Mr. Wright stated he is concerned about the character that Delray Beach is sending out to the rest of Florida about how we handle politics. He asked if the Commission is going to address some type of reforms that there are stronger checks and balances so that other cities are not looking at Delray Beach in the history of what has happened in the last year and continuing to judge us on that. At this point, the time being 6:58 p.m., the Commission moved to Item 11.A., City Manager's response to prior public comments and inquiries. 11.A. City Manager's response to prior public comments and inquiries. The City Manager had no response to prior public comments and inquiries. At this point, the time being 6:59 p.m., the Commission moved to Item 12, First Readings. 12. FIRST READINGS: 12.A. ORDINANCE NO. 58-09: Consider aprivately-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 beheld on November 17, 2009. The caption of Ordinance No. 58-09 is as follows: 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 11 11/03/09 FEDERAL HIGHWAY, APPROXIMATELY 150 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. (The official copy of Ordinance No. 58-09 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. Paul Dorling, Director of Planning and Zoning, stated this is a privately initiated rezoning from AC (Automotive Commercial) to GC (General Commercial) for a 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. 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 (Specialized Commercial) 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 (formerly known as Motorsports of Delray). The Motorsports operation has vacated the site and the site and building are currently vacant. The owner now wishes to market the property for office/commercial uses. At its meeting of October 19, 2009, the Planning and Zoning Board recommended approval with a 6 to 0 vote. Mr. Eliopoulos moved to approve Ordinance No. 58-09 on FIRST Reading, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mayor McDuffie -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. Frankel -Yes; Mrs. Gray -Yes. Said motion passed with a 5 to 0 vote. At this point, the 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 the golf tournament the League has to raise money for scholarships was very successful. He stated next year's event will be held on October 8, 2009 in Atlantis again. 12 11/03/09 Secondly, he stated the Tri-Cities barbeque is scheduled for December 4, 2009. The City Manager stated the General Membership Meeting this month was a joint meeting of the League of Cities, the County Commission, the School Board and the Legislative Delegation. He stated each group made a presentation and Commissioner Gray was present for most of that meeting. The City Manager stated the County Commission spoke about regional transportation funding and they hope there will be a December special session to address funding for Tri-rail as well as other commuter rail projects around the State. He stated they feel by addressing all the projects around the State there is a greater chance of getting something passed. The City Manager stated they are still talking about the $2.00 per car rental surcharge. In addition, the City Manager stated they also talked about homelessness, the homeless service centers, and the "End Your Plan for Ending Homelessness in Palm Beach County" and they are starting out with a site in the northern part of the County but they plan in the future to have something in the central part and the southern part of the County for interim housing facilities. The City Manager stated they discussed the application for the broadband technology grant. Also, he stated the half cent school infrastructure sales tax surcharge will sunset December 31, 2010 and they will be discussing in January whether or not to seek to extend that some. The City Manager stated the School District spoke about the Federal stimulus funding and the class size reduction requirements. He stated right now they are met on an average for the total system or for the school. Next year it has to be met on an individual class basis and they are very concerned about the ability to meet that requirement. The City Manager stated the enrollment is up by 1,700 this year. He stated the stimulus money is 5% of the district budget and it ends in 2012 and they are concerned with how they are going to make up for that. The City Manager stated there was some discussion in the press about the move back to a more decentralized management system for the schools and they have a lot of resistance to what they were doing to centralize things and they are very concerned about people not stopping for school buses on four lane highways so they have asked everyone to pay more attention to that issue. He stated the League of Cities spoke about the Lobbyist Registration System and there is also a group working with the development community on possible standardization of forums, systems and processes to generate some efficiency in the whole development process and they gave a brief report on the Adhoc Committee that is working with the Supervisor of Elections on election costs. The City Manager stated the Legislative Delegation spoke about the upcoming Legislative session and there was further presentation on the Inspector General and the Ethics Commission proposal and the two proposals are coming together. The City Manager stated the County Commission expects to be adopting ordinances which will be in place January 1st. Cities will have the option to opt into those ordinances and they also plan to put a question up for referendum vote on November 10th and if that Charter Amendment were adopted it would require all cities to come under the Ethics Commission and the Inspector General. The City Manager stated he does not know whether the City of Delray Beach would be required to contribute to the financing of that and how they are proposing to finance it is adding one- half percent (1/2 %) to all contracts ($100,000-$200,000 a year) that the City would have to contribute towards the cost of that function if it is required of us to do it that way. He 13 11/03/09 stated staff will continue to follow that as it develops and he is encouraged that they will come together with one proposal instead of having two competing proposals on the ballot. 13.B. City Attorney The City Attorney had no comments and inquiries on non-agenda items. 13.C. City Commission 13.C.1. Mr. Fetzer Mr. Fetzer stated he forwarded an email about an article in the Sun- Sentinel to the Commission regarding the anti-corruption reforms and this Office of Inspector General that is proposed. He stated it is obvious that the confidence in our elected officials has been shaken over the last couple of years. Mr. Fetzer stated he is pleased to see that it is coming together to one initiative. The highlight of the proposed reforms is a creation of this Office of Inspector General and stated it is an independent full-time government watch dog charged with ferreting out waste and corruption in local government. Mr. Fetzer stated if this goes to referendum in November next year it would require the City of Delray Beach to be a part of that. He stated the City can voluntarily agree to go with this before waiting for the referendum and urged the rest of the Commission to consider doing that. Mr. Fetzer stated we have a responsibility to be proactive with this and he would like to see Delray Beach be a leader in taking that role. He stated if this passes and becomes a plan he would like to ask this Commission to consider doing this on a voluntary basis and move ahead with this without waiting for a referendum on it next November. Secondly, Mr. Fetzer stated he has had a lot of contact with Tom Kinsloe the developer who wanted to do the Old School Square retail space and he and his partners withdrew that offer because everyone could not come to terms. However, Mr. Fetzer stated the developer still has a lot of interest in this project and he met with Mr. Hasko and himself earlier this week and went over some of his recommendations that are well worth listening to. Mr. Fetzer stated there are some service quarters that has a lot of wasted space and he went over some ways to reclaim some of that space and actually increase our retail space by 1,272 square feet and also provide additional storage space for the Chamber as well as whoever we wind up with as a tenant for the Old School Square garage. Mr. Fetzer thanked Mr. Kinsloe for his efforts publicly tonight and thanked Mr. Hasko for supporting the ideas that Mr. Kinsloe came up with. Mr. Fetzer stated it would help us maximize some of the available floor space to rent there and make it more financially attractive. He stated the next step is Mr. Hasko will get people from the CRA and the Chamber into a meeting to talk specifically about Mr. Kinsloe's ideas. 14 11/03/09 13.C.2. Mr. Eliopoulos Mr. Eliopoulos stated on Thursday night the CRA voted and supported doing a deal with the City to take over the Old School Square retail space. He stated he is very pleased with this. Secondly, he commented about the emails regarding the horse and carriage issue and he would like to know what cities are banning them and facts regarding what accidents have occurred. Lastly, Mr. Eliopoulos stated the R.A.C.E. relations meeting went well but he was expecting more out of it. He stated he can appreciate the participation but more staff than public attended. Mr. Eliopoulos suggested that the City Manager talk with Alberta McCarthy about the format of the meeting before the next session. The City Manager stated a second session is scheduled for December Stn 13.C.3. Mrs. Gray Mrs. Gray stated she attended the League of Cities meeting and they discussed finding a location in the South County area for a homeless shelter. The City Manager stated there was an effort a few years ago to rezone something that Frank McKinney was interested in setting up but it went nowhere. Secondly, she stated the Black Elected Officials will be honoring Mrs. Libby Wesley at a luncheon in West Palm Beach. Lastly, Mrs. Gray stated she attended the Knights of Pythagoras meeting at Atlantic High School. She stated this is going to be a great program and she will attend their meeting next Tuesday. 13.C.4. Mr. Frankel Mr. Frankel publicly complimented Lieutenant Jim Tabeek who participated in a fundraiser for the library at the Falcon House last week. Secondly, Mr. Frankel stated he received a telephone call from a resident regarding security concerns and a couple of weeks ago a female was attacked off Atlantic Avenue on a Wednesday evening. He stated she also expressed security concerns that at the garage homeless individuals are coming from Atlantic Avenue looking for money. 13.C.5. Mayor McDuffie Mayor McDuffie asked about the status of the Waste Management audit. The City Manager stated the Finance Director is working with Waste Management to try to get some documents that will enable staff to do the comparison of what was being charged in the August or September 2008 timeframe versus months later. He stated the 15 11/03/09 City received the billing register for February and Waste Management indicated that they could not give the City the same thing for those earlier months. The City Manager stated the Finance Director is working with Management to try and obtain an electronic file from Waste Management that would have the information in it that would enable the City to make the comparison. If the City can get that, then the City can work with Mr. MacNamee and do the comparison ourselves and we will not need to do an audit, but if we can't, staff can take another look at it. The City Manager stated that the City would probably still want to do an audit. He stated staff needs a few more days to see where this leads and noted that the City has the language for an RFP (Request for Proposal) but has not issued it yet. Secondly, Mayor McDuffie stated he participated in the Lupus Foundation SK walk/run this past Saturday morning as well as AVDA's walk/run a few weeks ago. He stated in both cases each one of these events had over 400 participants and both events were very successful. He stated he attended the trick-or-treat event downtown on Atlantic Avenue and noted this event has been hosted by Vince Canning for nearly 40 years. Mayor McDuffie stated the downtown was packed for the trick-or-treating and at 1:30 p.m. there was a Halloween Parade which was great. Mayor McDuffie stated the merchants noted what a great day it was and all the people that were out. He stated the City should thank Vince Canning for putting on this event. In addition, the Parks and Recreation Department had the haunted house at the Community Center which turned out to host approximately 600 people. Mayor McDuffie thanked staff for all their help with making this a successful Halloween. There being no further business, Mayor McDuffie declared the meeting adjourned at 7:25 p.m. City Clerk ATTEST: MAYOR 16 11/03/09 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 November 3, 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. 17 11/03/09 WORKSHOP MEETING November 10, 2009 A Workshop Meeting of the City Commission of the City of Delray Beach, Florida, was ca]1ed to order by Mayor Nelson S. McDuffe in the First Floor Conference Room at City Ha]1 at 6:00 p.m., on Tuesday, November 10, 2009. Roll ca]1 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 R. Brian Shutt, City Attorney Chevelle D. Nubin, 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. Discussion regarding the Police and Fire Pension DROP Program Survey Mr. David T. Harden introduced this item and stated they have listed the pros and cons of extending the DROP for Police and Fire Pension Plan from five years to seven years. He stated they would like direction from the Commission regarding this. Commissioner Frankel stated that he has spoken with certain member of the Police and Fire pension board and their consensus is to not extend the DROP to seven years. It was the consensus of the Commission to not extend the DROP at this time. 2. Mangrove Park Boat Ramp Options Mr. Richard Hasko, Environmental Services Director introduced Jose Aguila. Mr. Aguila stated Rene Mathews of Mathews Consulting, Inc. and Rebecca. In addition, Alan Gerwig was from Alan Gerwig & Associates, Inc. was present. Mr. Aguila conducted a Power Point presentation detailing the history of the Mangrove Park Project. He pointed out all of the agencies that were involved during the development of the Mangrove Park Boat ramp. He discussed permitting, surveys and site configuration. He presented three alternatives for modification of the existing boat ramp to lessen the challenge of using it. Discussion ensued between Commission and staff regarding reconstructing the boat ramps at Mangrove Park to flatten the physical slope of the ramps to better accommodate launching and retrieving of trailered boats. Mr. Aguila will speak with the City of Pompano Beach Engineer. It was the consensus of the Commission to get more information and take another look at this in the future. Mayor McDuffie adjourned the Workshop Meeting at 7:09 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 Workshop Meeting of the City Commission held on Tuesday, November 10, 2009 which Minutes were formally approved and adopted by the City Commission on November 17.2009. City Clerk NOTE TO READER: If the Minutes you have received are not completed as indicated above, this means they are not the official Minutes of the City Commission. They will become the official Minutes only after review and approval, which may involve amendments, additions or deletions to the Minutes as set forth above. 2 11 / 10/2009 WHEREAS, Trinity Lutheran School is a coeducational Christian day school located in Delray Beach, Florida, which serves students from age two through eighth grade; and the central goal is to serve the whole child by nurturing intellectual, spiritual, emotional, social, and physical growth; and WHEREAS, Trinity offers the following "team sports" available seasonally throughout the school year: Boys' Flag Football, Coed Varsity Soccer, Coed Junior Varsity Soccer, Girls' Varsity Volleyball, Girls' Junior Varsity Volleyball, Boys' and Girls' Junior Varsity Basketball, Boys' and Girls' Varsity Basketball, Coed Track, Coed Tennis, Boys' Baseball, Girls' Softball, and Coed Golf; and WHEREAS, Trinity Lutheran School Varsity football team (Trinity Tigers), a tenacious group of 7th and 8th graders, set high expectations at the beginning of the season and fulfilled all of them. Trinity Lutheran School was undefeated this season with an (8-0) record and won the parochial league championship. NOW, THEREFORE, I, NELSON S. McDUFFIE, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission, do hereby recognize and commend TRINITY LUTHERAN SCHOOL VARSITY FOOTBALL TEAM: Jeff Kadel, Head Coach Tim Riggs, Assistant Coach John Illsley, Assistant Coach Blake Rayner joe Bonner Alex Vargas Alex Dolce Will French Nick Rowley Robert Sherman Justin Adams Coleman Ellingsworth Daniel Willis John Bent Anthony Owens Zach Tillis Alec Gaitan Stephen LeClrec Mason Staub for their excellent performance and outstanding achievements in football and for bringing honor and distinction to Trinity Lutheran School and the City of Delray Beach through their efforts. 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 17th day of November, 2009. Delray Beach Residents Academy Fall 2009 Roster NAME AND ADDRESS COMMUNITY AFFILIATION Occupation 1 William Abell Real Estate Manager 2 Jess Bailey Realtor 3 Annie Jean Adkins Attorney 4 Margherita Downey Youth Court Judge 5 Clifford Durden, Jr. EMS and EPOCH Boards 6 Victor Kirson D.D.S Police Advisory Board 7 Judy Giovino Downtown Cooperative 8 John Holland Real Estate 9 Lloyd Hasner General Contractor 10 Diane Franco Land Developer 11 Nancy Hogan Chamber Volunteer 12 Gerecia Jackson-Edmond Community Land Trust 13 Cheryl Lee-Bennett Teacher 14 Lorraine Maclaren 15 Jim Matheson Financial Advisor 16 Dale Miller Interior Design 17 John Runyan Retired 18 Dinah Stephenson Attorney 19 Penny Sugar Development Director Page 1 20 James Washington Rotary 21 Danielle Winn Recreation Supervisor City Representatives Lula Butler, Director Community Improvement Janet Meeks, Education Coordinator Page 2 MEMORANDUM TO: Mayor and City Commissioners FROM: Richard C. Hasko, P.E., Environmental Services Director THROUGH: David T. Harden, City Manager DATE: November 10, 2009 SUBJECT: AGENDA ITEM 8.A. -REGULAR COMMISSION MEETING OF NOVEMBER 17, 2009 SERVICE AUTHORIZATION N0.07-12/MATHEWS CONSULTING, INC. ITEM BEFORE COMMISSION Staff requests Commission approval of Service Authorization 07-12 to Mathews Consulting, Inc. in the amount of $78,322.00 for performance of a water system audit to identify sources of unaccounted for water in the City's system. BACKGROUND While significant improvements in quality and sustainability have been achieved in the City's water system over the years, the issue of an unacceptably high percentage of unaccounted for water persists. This issue was also identified in the Municipal Solutions' 360 Process & Finance Assessment Report presented to the Commission last fall and they recommended a full scale review of unaccounted for water. This not only negatively affects our ability to justify ground water withdrawals for consumptive use permitting, but also negatively impacts our revenues. While there is no standard for what can be considered a reasonable value for unaccounted for water, studies indicate that an average of between 10% and 15% is acceptable. The South Florida Water Management District (SFWMD) Basis of Review for consumptive use permitting (CUP) limits unaccounted for water to a maximum value of 10%, above which there are generally permit requirements to implement programs to identify and reduce that value. Unaccounted for water values for Delray's system have, on occasion, exceeded 30%, and averaged over 23% for the past fiscal year. It is unlikely that these values are the result of actual leakage, but more probably due to the age of the meters in the system and failure of meters to adequately register flow. We are anticipating a permit condition in our CUP for performance of a system audit to identify and mitigate sources of unaccounted for water and have budgeted funding for that purpose this year. Mathews Consulting has experience in this area, having successfully performed similar audits for other utilities including various Palm Beach County systems as well as the City of West Palm Beach system. Their proposal involves a comprehensive analysis of the City's water system, including detailed exploration of potential water use not currently accounted for as well as analysis of city records to identify trends of zero read accounts and other anomalies potentially contributing to the higher historical rate of unaccounted for water. The total fee for these services is $78,322. FUNDING SOURCE Funding is available for this expense in account # 441-5161-536-34.90, water & sewer new capital, other contractual services. RECOMMENDATION Staff recommends approval of Service Authorization 07-12 for Mathews Consulting, Inc. CITY OF DELRAY BEACH CONSULTING SERVICE AUTHORIZATION DATE: SERVICE AUTHORIZATION NO. 07-12 FOR CONSULTING SERVICES CITY P.O. NO. CITY EXPENSE CODE: CITY PROJECT NO. MATHEWS CONSULT. PROJECT NO. 1526 TITLE: City-Wide Water Audit This Service Authorization, when executed, shall be incorporated in and shall become an integral part of the Contract. TITLE: Agreement for General Consulting En ink eerin~ Services I. PROJECT DESCRIPTION The City of Delray Beach, like all utilities, is subject to unaccounted for water in the distribution system. Unaccounted-for water can be a result of leakage in the water distribution system, meter under-registration, theft and illegal connections, water used for fire-fighting, street washing, sewer flushing, and other unmetered public services. Unmetered water and water lost due to leakage can have significant impacts on the utility, especially due to the financial consequences (higher pumping costs, capacity, repairs), impacts to water accountability and consumption use records reported to regulatory agencies, and the impacts to the quality of service (service interruptions, system pressure decrease). A water audit can assist water utilities reduce water and revenue losses, and optimize operations. Work under this authorization shall provide engineering services to conduct aCity-wide Water Audit for the City of Delray Beach's potable water distribution system. The audit will identify the volume of unaccounted for water in the system and make recommendations on how to optimize routine water accounting practices. II. SCOPE OF SERVICES Phase I - Study and Report Phase Task 1 -Analysis of Water Supply Sources CONSULTANT shall establish a 24-month study period for the project. CONSULTANT shall identity all water sources that supply the distribution system, including interconnections with other systems and intermittent sources or emergency supplies. Contract Water Andit: 10/29/09 1 Water supply sources for the City of Delray Beach include: • City of Delray Beach Water Treatment Plant Interconnects with other municipalities include: • PBC (Linton Blvd) • Boynton Beach (Barwick Road) • Boynton Beach (Swinton Avenue) • Boynton Beach (L-30/Congress Avenue) • Boynton Beach (Lake Drive) • Boca Raton (FEC RR) • Highland Beach Water reservoir/storage facilities for the City include: • Owens Baker Storage Tank • Miller Park Storage Tank • WTP Elevated Storage Tank • North PS GST • South PS Reservoir CONSULTANT shall inventory for each of the supply facilities the volume of storage, operating levels, the type of flow measuring device, frequency of reading, type of recording register, unit of measure, date of installation, frequency of testing, and date of last calibration. The flow records for each flow measuring device shall be provided by the City to CONSULTANT for calculating total water from each source during the study period. The calculated figures shall be adjusted to account for: 1) Meter inaccuracies; 2) Changes in reservoir and storage levels; 3) Nonmetered sources; and 4) Uses and losses that occur at the WTP before the water reaches the distribution system. Meter accuracies shall be verified through comparisons with industry standards and field tests. All field testing and calibration of meters shall be performed by City or their authorized representative. Task 2 -Analysis of Authorized Metered Uses CONSULTANT shall identify all metered uses through the water account billing records provided by the City. "Floating" meters shall also be identified and included with the study. CONSULTANT shall calculate the total water consumed through the meters during the study period using the billing records. Adjustments shall be made to account for lag time in the meter readings. Contract Water Andit: 10/29/09 2 The City will provide a minimum of 2-years of water account billing records in Excel format to Consultant for the purpose of running queries to identify the following anomalies: • Zero read accounts • Fixed read accounts • Low flow and high flow reads • Abnormal water usage • Negative reads • Undersized or oversized meters Field checks will be conducted on the compiled list of anomalies to identify broken meters, bypassed meters, illegal connections, or under/oversized meters. City will provide CONSULTANT inter-office access to water account billing records with "read-only" rights to investigate areas where lost revenue could be identified. Areas that will be reviewed include: • # Units on multi-family customers • Fire lines • Water only accounts • Missing accounts Accounting data will be compared with other records (such as Property Appraisal records, aerials, etc) along with field checks to identify corrections that could be made to capture lost revenues. Recommendations will be made regarding "flags" that could be incorporated into the "Exception Report" generated by the accounting software program, SunGard HTE®, to identify future anomalies and accounting corrections. Records of meter testing (if available) shall be provided by the City for residential meters, commercial meters, and large user meters. A sample of smaller meters (e.g. 3/4", 1" and/or 2") will be field testing by the City, then pulled and shipped to the manufacturer for testing in their shop. A report will be requested from the manufacturer documenting results of the shop tests for meter accuracy. The calculated figure for water consumed by City customers shall be adjusted for meter error based on compilation of the field test data and shop test data. CONSULTANT shall review data from the City's current meter replacement program and estimate the revenue loss associated with the aging meter inaccuracies. CONSULTANT shall evaluate if a different time span for the meter replacement program can provide revenue benefits to the City. Contract Water Audit: 10/29/09 3 Task 3 -Analysis of Authorized Unmetered Uses Unmetered water may be used for: • Street cleaning; • Fire-fighting, testing and training; • Construction sites; • Landscaping/irrigation in large public areas; • Flushing water mains, storm drains, and sanitary sewers; • Schools; • Decorative water facilities; • Water quality testing; • Process water at the WTP; • Swimming pools. CONSULTANT shall work with City staff and investigate the applicability of each of these uses in the City's system. Unmetered usage shall be estimated using various techniques including review of City's unaccounted for water report (prepared by the Water Department), batch procedure (for water transported in tank trucks) or discharge procedure (for water applied directly from pipe). City shall assist CONSULTANT with contacting the corresponding departments associated with the unmetered water to obtain the estimating information. Task 4 -Analysis of Water Losses CONSULTANT shall work with City staff and identify potential water losses in the distribution system. Water losses can be attributed to the following causes: 1. Discovered leaks: Losses from leaks that are found and repaired can be measured to determine the rate of loss and the total volume lost during the life of the leak. 2. Water Main Breaks: Losses from know water main breaks should be recorded with estimated volume of water lost prior to repairs of the pipe. 3. Illegal connections: Inactive accounts should be confirmed for non-use. 4. Reservoir seepage and leakage: Losses from linings, bottoms, or walls of storage tanks should be estimated and/or field verified. Reservoir overflow should be accounted for as water loss from the system. 5. Theft: Most water theft occurs when individuals vandalize fire hydrants or meters, or open hydrants to fill water trucks. Comparing construction permits with temporary-use billings will show where large amounts of water are being taken without metering and billing. Contract Water Andit: 10/29/09 4 6. Accounting procedure errors: Errors identified through the monthly billing process (e.g. negative reads, high reads, etc) will be estimated for the study period. CONSULTANT shall estimate water losses for each applicable cause listed above. City shall assist CONSULTANT with contacting the corresponding departments associated with the unmetered water to obtain the estimating information. Task 5 -Analysis of Audit Results CONSULTANT shall utilize the results from Tasks 1 through 4 to calculate the amount of unaccounted for water in the distribution system: Water to System - Water Sold - Authorized Unmetered Water (Task 3) - Water Losses =Total Unaccounted for Water (I'aakl~ (Taak2) (Task 4) A "City of Delray Beach Water Audit Report" worksheet was previously developed by CONSULTANT under separate service authorization. That worksheet will be updated to reflect findings under this scope of services. A detailed report shall be provided summarizing the activities performed for each task and presenting final results of the water audit. The report shall include the updated "City of Delray Beach Water Audit Report" worksheet model (hard copy and electronic copy) that can be used by the City for future water accounting purposes. The CONSULTANT shall provide five (5) copies of the draft report to the City for review. Upon receipt of comments, CONSULTANT shall final the report and provide five (5) final copies to the City. Phase II -Preliminary Design Phase Not Applicable. Phase III -Final Design Phase Not Applicable. Phase V -Construction Administration Phase Not Applicable. Other -Not Applicable Contract Water Audit: 10/29/09 5 ASSUMPTIONS Work described herein is based upon the assumptions listed below. If conditions differ from those assumed in a manner that will affect schedule of Scope of Work, Consultant shall advise City in writing of the magnitude of the required adjustments. Changes in completion schedule or compensation to Consultant will be negotiated with City. 1. The water audit starts at the process stream of the high service distribution pumps at the City's Water Treatment Plant. It does not take into account or audit raw water and treated water flows through the treatment plant. 2. All field testing of meters shall be performed by City. 3. City will provide a minimum of 2-years of water account billing records to Consultant in Excel format. 4. City will provide meter calibration report for supply meters and customer meters (if available) 5. City will provide CONSULTANT "read only" access to City's water account billing records for review purposes. ADDITIONAL SERVICES If requested by the City, Consultant shall provide additional engineering services relating to the water audit project that are not covered under this Service Authorization. These additional services may be required due to uncertainties discovered during the water audit investigations for the project. Services performed under this task will be on as-directed basis in accordance with a written Notice-to-Proceed from the City Manager. The Notice-to-Proceed issued shall contain the following information and requirements. • A detailed description of the work to be undertaken. • A budget establishing the amount of the fee to be paid in accordance with the Agreement. • A time established for completion of the work. Contract Water Andit: 10/29/09 6 III. TIME OF PERFORMANCE The completion dates for this work will be as follows (starting at written notice-to-proceed). Refer to Attachment A for Project Schedule. En~ineerin~ Services Time per Phase Cumulative Time Task 1 -Analysis of Water Supply Sources 2 weeks 2 weeks Task 2 -Analysis of Authorized Metered Uses 12 weeks 14 weeks Task 3 -Analysis of Authorized Unmetered Uses 2 weeks 16 weeks Task 4 -Analysis of Water Losses 2 weeks 18 weeks Task 5 -Analysis of Audit Results 2 weeks 20 weeks COMPENSATION The compensation for services provided shall be billed on an hourly basis plus reimbursable expenses for each phase of work in accordance with Article VII, Method II, up to the following not to exceed cost for each phase. Refer to Attachment B for budget summary. En~ineerin~ Services Task 1 -Analysis of Water Supply Sources Task 2 -Analysis of Authorized Metered Uses Task 3 -Analysis of Authorized Unmetered Uses Task 4 -Analysis of Water Losses Task 5 -Analysis of Audit Results Out-of-Pocket Expenses Allowance for Manufacture Shop Tests of Meters Additional Services Fees $ 5,320.00 $ 53,150.00 $ 5,780.00 $ 1,572.00 $ 10,500.00 $ 1,000.00~~~ $ 1,000.00 $ 10,000.00 TOTAL PROJECT COST ~ 78,322.00~~~ Notes: ~~~Out-of-Pocket Expenses include the following.• printing/reproa'uction a~a'postage. ~~~Total project cost does not include the $10, 000 for Additional Services (if authorized by the City). Contract Water Andit: 10/29/09 7 This Service Authorization is approved contingent upon the City's acceptance of and satisfaction of the completion of the services rendered in the previous phase whereas encompassed by the previous Service Authorization. If the City in its sole discretion is unsatisfied with the services provided in the previous phase or Service Authorization, the City may terminate the contract without incurring any further liability. The Consultant shall commence work upon City Commission approval and this Service Authorization to be included as part of the contract without any further notice to proceed. Approve by: CITY OF DELRAY BEACH: Date: Rita Ellis, Mayor MATHEWS CONSULTING, INC. Date: Rene L. Mathews, P.E., President Witness Attest: Approved as to Legal Sufficiency and Form STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this day of 2009 by Rene Mathews, President of Mathews Consulting, Inc., a Florida corporation, on behalf of the corporation. He/She is (personally known to me) or (has produced identification), Florida Driver's License and (did/did not) take an oath. Signature of person taking Acknowledgement Contract Water Andit: 10/29/09 g Q z w x U Q V Q O 3 Q 3 C 3 O r O N ~ R i Q Q i R O LL C R V O ~ ~ O O N ~ O Z ~ ~ N N N O > i ~ ~ ~ i i ~ ~ ~ ~' ~ ~ ~ ~ ~ ~ N 3 ~ O O N N 3 N N O V fn 'i 'i J ~ i O O i .^ +' +' = O ~ ~ ~ a ~ a a ~ a 0 0 0 0 0 ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ R R R R R o a a a a a ,~ O r N M ~ ~ V Z H H H H H U ~ ray F ~~~~~----1111 F [~ ~_ Ou •~ %~ '~ `~ N U 0 N 0 d 3 U ATTACHMENT B CiXy of Delray Beach CiXy-Wide WaXerAudiX Budget Summary Labor Classifcation and Hourly Rates Sr. Senior Senior Principal Senior Construction Eng. Cadd Sub- Engineer Engineer Engineer Inspector Technician Designer Clerical Total Consultant Task No. Task Description $139.00 $127.00 $104.00 $90.00 $94.00 $89.00 $52.00 Labor Services 1,,,, Analysis of Water Supply Sources Review water supply records 4 $556 Review interconnect records & conduct feld check 4 8 $1,572 Review water storage/reserwirfacilityrecords 4 8 $1,572 Review meter calibration data 4 ....... $556 Consult with staff regarding in-plant uses 4 4 $1,064 Subtotal 20....... 20... 0 0 0 ....... 0.. 0 $5,320 2 Analysis of Authorized Metered Uses Re~ne~a~ & guery billing data in Excel format 40 40 $10,640 Fleld check of query anomolies 10 80 $11,550 Inter-office review of account billing data 4 80 $10,716 Field check offlags identifed in inter-office review 4 80 $10,716 ....~ Re~dew soRware capabilities {or "Exception ReporP' ~. 4 8 ....~ ~ ....~ ....~ $1,572 ....~ Fleld tesCin o. meter sam les g p 4 1G $2.~~.~ ,588 Coordinate and review shop testing of meter samples 8 16 $3,144 Review and recommend meter replacement program 16 $2,224 Subtotal 90 320 0 0 0 0 0 $53,150 3 Analysis of Authorized Unmetered Uses Re~dew authorized Unmetered water uses wi Staff 8 8 $2,128 Coa~dinate with other Departments .a' Unmetered wage 8 20 $3,6 52 Subtotal 16 28 0 0 0 0 0 $5,780 4 Analysis of Water Losses ....... ..... Review water losses w/ Staff 4 8 $1,572 Subtotal. 4 ....... 8_... 0 0 0 ....... 0.. 0 $1,572 5 Analysis of Audit Resuks Update Water Audit Report spreadsheet 8 $1,112 Prepare Draft report offndings 16 24 4 $5,480 Review meeting with Staff....... 4 ....... 4..... $1,064 Prepare Final report offndings 8 ....... 12_. 4 $2,844 Subtotal 36........ 40_. 0 0 0 ....... 0.. 8 $10,500 Labor Subtotal Hours 166 416 0 0 0 0 8 $76,322 Laba~ Subtotal Costs X23,074 $52,83 ~$0 $0 $0 $0 $4~1~6 Labor Total Costs $76,322 Subconsultant Costs Total $0 Subconsultant Multiplier 1.1 Subconsultant Total $0 Reimbursable F~cpenses $1,000 Allowance for Manufacture Shop Test of Meters $1,000 Project Total $78,322 Contract Water Andit: 10/29/09 1 ~ MEMORANDUM TO: Mayor and City Commissioners FROM: Begona Krane, EIT Richard C. Hasko, P.E., Environmental Services Director THROUGH: David T. Harden, City Manager DATE: November 11, 2009 SUBJECT: AGENDA ITEM 8.B. -REGULAR COMMISSION MEETING OF NOVEMBER 17, 2009 RESCIND PUBLIC ART COMPONENT/ART AND JAZZ ON THE AVENUE/SUMMER NIGHTS ON THE AVENUE ITEM BEFORE COMMISSION The item before the Commission is to rescind prior Commission approval to spend up to a total of ten thousand dollars ($10,000.00) for a Public Art component at six Art and Jazz on the Avenue events and six Summer Nights on the Avenue events. BACKGROUND The Public Art Advisory Board (PAAB) is requesting that Commission formally rescind a prior decision to spend up to ten thousand dollars ($10,000.00) for Art and Jazz on the Avenue and Summer Nights events, and return the ten thousand dollars ($10,000.00) to the PAAB budget. The reason for rescinding this prior approval is because the responses received from the artists where not consistent with the call that was advertised. The PAAB will apply this funding to other public art projects. RECOMMENDATION Staff recommends approval. MEMORANDUM TO: Mayor and City Commissioners FROM: Randal L. Krejcarek, P.E., LEED AP, GISP, City Engineer Richard C. Hasko, P.E., Environmental Services Director THROUGH: David T. Harden, City Manager DATE: November 10, 2009 SUBJECT: AGENDA ITEM 8.C. -REGULAR COMMISSION MEETING OF NOVEMBER 17, 2009 AMENDMENT TO THE INTERLOCAL AGREEMENT/PALM BEACH COUNTY ITEM BEFORE COMMISSION Request for Commission approvaUauthorization for Mayor to execute the Amendment to the Interlocal Agreement with Palm Beach County which will reimburse the City $250,000.00 for installation of the trombone mast arms at the intersection of West Atlantic Avenue and West 12th Avenue. This amendment extends the time of completion to 30 Jan 2010. BACKGROUND The Florida Department of Transportation (FDOT) is in the process of completing the resurfacing, restoring and rehabilitation (RRR) project on Atlantic Avenue between Westl2th Ave and SR AlA, excluding the section between Swinton Avenue and East 5th Avenue, which is under City control. Construction on this project is anticipated to be completed by the end of 2009. As part of this project the City requested that the Florida Department of Transportation (FDOT) replace the span wire signalization at W Atlantic Ave and West 12th Avenue, West 10th Avenue and West 8th Avenue with trombone mast arms signals. The cost of converting these three signalized intersection to mast arms will be the responsibility of the City. The City asked the County for assistance in paying for this additional cost and the county agreed to contribute toward the trombone mast arm installations. The County agreed to contribute $250,000.00 toward the installation of the mast arm at West 12th Avenue. The original agreement expired earlier this past year and the work was not yet completed. The City requested, and the County granted, a time extension because the installation is actually part of the RRR project which is administered by FDOT. The amendment extends the completion date under the inter-local agreement to 30 Jan 2010. RECOMMENDATION Staff recommends approval. AT SW/NW 12T" AVENUE AND WEST ATLANTIC AVENUE i THIS AMENDMENT is made to the Inter-local Agreement (R2007-2157) dated December 4, 2007 with THE CITY OF DELRAY BEACH, a municipal corporation of the State of Florida hereinafter referred to as "CITY", and the BOARD OF COUNTY COMMISSIONERS OF PALM BEACH COUNTY, a political subdivision of the State of Florida, hereinafter referred to as "COUNTY". j WITNESSETH WHEREAS, on December 4, 2007 the CITY and the COUNTY entered into an Inter-local Agreement (R2007-2157) providing funds to the CITY for upgrading the intersection by adding a trombone style mast arm support structure for the traffic signal, ~: in an amount not to exceed TWO HUNDRED AND FIFTY THOUSAND DOLLARS ($250,000.00) and; WHEREAS, the CITY has requested modification of the Agreement extending the time of completion from March 31, 2009 to January 30, 2010; and WHEREAS, the COUNTY and CITY desire to amend the December 4, 2007 i Interlocal Agreement (R2007-2157) to extend the time of completion to January 30, i 2010; and WHEREAS, the COUNTY and the CITY agree that this amendment shall relate back to the Agreement dated December 4, 2007 (R2007-2157) and continue without interruption or lapse. NOW, THEREFORE, in consideration of mutual covenants, promises, and agreements herein contained, the parties agree as follows: 1. The above recitations are true and correct and incorporated herein. 2. The parties agree that the Agreement is reinstated effective as of December 4, 2007 and continued without interruption or lapse in its term or through to January 30, 2010, as amended in this First Amendment. 3. The provisions of this First Amendment shall relate back and take effect on March 31, 2009, and the Agreement shall be continued, as amended herein, without interruption or lapse in its term or effect for an additional ten month (10) period. 5 6 9. The PROJECT shall be completed and final invoices I submitted to the COUNTY no later than January 30, 2010 and the COUNTY shall have no obligation to the CITY or any other entity or person for any cost incurred thereafter, unless the time for completion is extended by modification of this Agreement. It is the intent of the parties hereto that this Amendment shall not become ', binding until the date executed by the Board of County Commissioners of Palm Beach County. ~! All other provisions of the Inter-local Agreement (R2007-2157) dated i December 4, 2007 not specifically amended herein shall remain in full force and effect. (REMAINDER OF PAGE LEFT BLANK) 'i CITY OF DELRAY BEACH By: Mayor ATTEST: By: '' City Clerk ~' APPROVED AS TO FORM AND LEGAL SUFFICIENCY By: City Attorney I~ i I ~ Date: PALM BEACH COUNTY, FLORIDA, BY ITS BOARD OF COUNTY COMMISSIONERS I By: Addie L. Greene, Chair ' f ATTEST: SHARON R. BOCK, CLERK & COMPTROLLER I ~ By: Deputy Clerk ~ APPROVED AS TO FORM AND LEGAL SUFFICIENCY II By: Assistant County Attorney Date: APPROVED AS TO TERMS AND CONDITIONS By: Date: W H N Q ~~ N Z Cn U~ W .U ~~ ~ ,] " -~ S #. b ~ Yif<v ~..., ~ .~ R n tL y ~ N n 1 I ,h ,R4 -~ ~. .. ~. a. ., f~~ I^ w. ~ ~W a +~ ,~ w.. ,. ' ~ . R ~ ~~ ~i zw-F k v ,, ili e ~ ~.. r-~ it ~ ~ ~. ~ f ~" k ~ ~ ..~; Y ~, w _ ~- ~ ' ~ ~ ~ > ., .~ ' ~ C ~ i X'~Tr ,.. y • y F c~ )4 ~ 'c _ ~ ~ .r ~,. <';~4 ° " .c '~^,,.. ~' tea,„~ t~ ~ ~ } , r ') ~ '~ ~ ~ ~~~ ~~~` h ~: ray i~, ~ , _ t° ~-, ~' 3 ~ '~ ~ .~.x ~l ~~~ 'jFY. yl, ~t ~ f~ y n. - ~ ~ ^~ ~/ III S 111 ~ } `` ~ r a JZ `' ` ` ,.,, .. ~'~' * ~ X Oil ~ 31~ O ~ ~R I -4 I - ~ .. ~,, ~ .~~ ~t,,, ~ ~. I Ac_ ~ A u ~ t ~~a ~, ~ ai ,., `~ rr ~"~m y i ~~ ~ it r ~i. {~ y ~ =r ~!' 1. + ~, ~~ ~, ~~ ~ ~~ ~ a..~ ~ ~ `'nom L ri. ~ ~ lu ~ ~k ~ ' ~' ty~y~ i ~ r. ' k, '~h ~ ., ~ W JV { ~ ~ ' r z :. 1 ~ F i x ` ~'~ ¢° ~~ M r' Qo .~-~O J ~- WJ o_ a. Y U m ^~ W 07 O O N ti r r r MEMORANDUM TO: Mayor and City Commissioners FROM: Randal L. Krejcarek, P.E., LEED AP, GISP, City Engineer Richard C. Hasko, P.E., Environmental Services Director THROUGH: David T. Harden, City Manager DATE: November 11, 2009 SUBJECT: AGENDA ITEM 8.D. -REGULAR COMMISSION MEETING OF NOVEMBER 17, 2009 FIRST AMENDMENT TO THE INTERLOCAL AGREEMENT/PBC/DBHA ITEM BEFORE COMMISSION Request for Commission approvaUauthorization for Mayor to execute the First Amendment to the Interlocal Agreement with Palm Beach County for Improvements on SW 12th Avenue/Auburn Avenue/SW 14th Avenue from SW 10th Street to West Atlantic Avenue, which provides for reimbursing the City $1,000,000.00 for the costs associated with the improvements along this corridor. BACKGROUND Palm Beach County (County), Delray Beach (City) and Delray Beach Housing Authority (DBHA) entered into an Interlocal agreement dated 18 November 2008 through which the County would reimburse DBHA an amount not to exceed $1,000,000 for Carver Estates-SW 12th Avenue/Auburn Avenue reconstruction. SW 12th Avenue/ Auburn Avenue and SW 14th Avenue are under the City's jurisdiction and this amendment will provide reimbursement of $1,000,000 to the City for improvements within this corridor. RECOMMENDATION Staff recommends approval. CARVER ESTATES/AUBURN AVENUE-SW12th AVENUE (R2008-2025) dated November 18, 2008, by and between THE BOARD OF COUNTY COMMISSIONERS OF PALM BEACH COUNTY, a political subdivision of the State of Florida, hereinafter referred to as the "COUNTY", the CITY OF DELRAY BEACH, a municipal corporation in the State of Florida, hereinafter referred to as "CITY" and DELRAY BEACH HOUSING AUTHORITY, a Florida public agency established pursuant to Chapter 421, Florida Statutes, hereinafter referred to as "DBHA"; and WHEREAS, on November 18, 2008 the COUNTY, CITY and DBHA entered into an Interlocal Agreement (Agreement) through which the COUNTY would reimburse an amount not to exceed One Million Dollars ($1,000,000) for Carver Estates-SW 12t" Avenue/Auburn Avenue reconstruction to DBHA; and WHEREAS, SW 12t" Avenue/Auburn Avenue/SW 14t" Avenue from SW 10t" Street to W. Atlantic Avenue is under the CITY's jurisdiction and the CITY gave the DBHA authorization to undertake the improvements; and WHEREAS, the COUNTY desires to provide One Million Dollars ($1,000,000) reimbursement to the CITY for the improvements on SW 12t" Avenue/Auburn Avenue SW 14t" Avenue from SW 10t" Street to W. Atlantic Avenue; WHEREAS, the DBHA desires to transfer the One Million Dollars ($1,000,000) reimbursement funding to the CITY for improvements to SW 12t" Avenue/Auburn i ', Avenue/SW 14t" Avenue from SW 10t" Street to W. Atlantic Avenue. NOW THEREFORE, in consideration of the mutual covenants, promises and representations contained in the Agreement and herein made, the parties hereto agree as follows: 1. The above recitations are true and correct and incorporated herein. 2. The Inter-local Agreement dated November 18, 2008, by and between the COUNTY, CITY and DBHA is hereby amended to revise paragraph 2 through 31 as follows: 4. COUNTY agrees to reimburse the CITY the amount established in paragraph 3 for costs associated with the IMPROVEMENTS, upon the CITY's submission of acceptable documentation needed to substantiate its cost for the IMPROVEMENTS. The COUNTY will use its best efforts to '~ provide said funds to the CITY on a reimbursement basis within forty-five ~! (45) days of receipt of all information required in paragraph 6, below 5. The COUNTY obligation is limited to its payment obligation and shall have no obligation to any other person or entity. 6. The CITY agrees to assume all responsibility for design, bidding, contract preparation, and contract administration necessary for the IMPROVEMENTS, including payment(s) to contractor(s) pursuant to all applicable governmental laws and regulations and will comply with all applicable governmental codes and permitting requirements (including, but not limited to CITY and COUNTY) in the selection and installation of the IMPROVEMENTS. The CITY also agrees to assume financial responsibility for the completion of any portions of the IMPROVEMENTS ', that are not fully funded by the amount set forth in Paragraph 3, above. Otherwise, COUNTY will have the final determination of the eligibility for reimbursement of any changes. Substantial variations from the approved plans shall require prior written approval from CITY and County Engineer's ' Office. The final plans for the IMPROVEMENTS must be signed and sealed by a Florida Registered Engineer. 7. The CITY will obtain or provide all labor and materials necessary for the design and installation of the IMPROVEMENTS. COUNTY shall have the final determination of eligibility for reimbursement. The CITY shall furnish to the OFFICE OF THE COUNTY ENGINEER representative ' a request for payment supported by the following: A) A statement from a Florida Registered Engineer that the ' IMPROVEMENTS have been inspected and were installed substantially reimbursement to the CITY. Said information shall list each invoice payable by the CITY and shall include the vendor invoice number, invoice date, and the amount payable by the COUNTY. The CITY shall attach a copy of each vendor invoice paid by the CITY along with a copy of the ~;' respective check and shall make reference thereof to the applicable item ij !i listed on the Contractual Services Purchases Schedule Form. Further, the i ~ '~ CITY Financial Officer, or authorized representative shall also certify that '~ ~', ~' each invoice listed on the Contractual Services Purchases Schedule Form was paid by the CITY as indicated. 8. CITY shall maintain adequate records to justify all charges, expenses, and costs incurred in performing the IMPROVEMENTS for at least three (3) years after the completion of the IMPROVEMENTS. COUNTY shall have access to all books, records and documents required in this Section for the purpose of inspection or audit during normal business hours. 9. The CITY agrees to be responsible for the subsequent maintenance of the roadway following the IMPROVEMENTS. The CITY shall be solely responsible for obtaining and complying with all necessary permits, approvals and authorizations from any federal, state, regional, COUNTY or agency if any are required for the IMPROVEMENTS. 10. All installation of the IMPROVEMENTS shall be completed and final invoices submitted to the COUNTY no later than September 1, 2011 and the COUNTY shall have no obligation to the CITY or any other entity or person for any cost incurred thereafter unless the time for completion is ~' extended by modification of this Agreement as provided herein. 11. Each party shall be liable for its own actions and negligence and to the extent permitted by law; the CITY shall indemnify, defend and hold harmless the COUNTY against any actions, claims or damages arising out of the CITY's negligence in connection with this Agreement or the to indemnify the other party for such other party's negligence, willful or intentional acts or omissions. 12. Without waiving the right to sovereign immunity as provided by s. 768.28 f.s., the CITY acknowledges to be self-insured for General Liability and Automobile Liability under Florida sovereign immunity statutes with coverage limits of $100,000 Per Person and $200,000 Per Occurrence; or such monetary waiver limits that may change and be set forth by the legislature. In the event the CITY maintains third-party Commercial General Liability and Business Auto Liability in lieu of exclusive reliance of self-insurance under s. 768.28 f.s., the CITY shall agree to maintain said insurance policies at limits not less than $500,000 combined single limit for bodily injury or property damage. The CITY agrees to maintain or to be self-insured for Worker's Compensation & Employer's Liability insurance in accordance with Florida Statute 440. When requested, the CITY shall agree to provide an affidavit or Certificate of Insurance evidencing insurance, self-insurance, and/or sovereign immunity status, which COUNTY agrees to recognize as acceptable for the above mentioned coverage. Compliance with the foregoing requirements shall not relieve the CITY of its liability and obligations under this Interlocal Agreement. 13. As provided in F.S. 287.132-133, by entering into this Agreement or ' performing any work in furtherance hereof, the CITY certifies that its ~' affiliates, suppliers, sub-contractors, and consultants who perform work hereunder, have not been placed on the convicted vendor list maintained by the State of Florida Department of Management Services within 36 months immediately preceding the date hereof. This notice is required by F.S. 287.133(3)(a). 14. The CITY may require each contractor engaged by the CITY for work associated with this Aareement to statues, and; b. Commercial General Liability coverage, including vehicle coverage, in combined single limits of not less than ONE MILLION DOLLARS ($1,000,000.00). The COUNTY shall be included in the coverage as an additional insured, and; c. A payment and performance bond for the total amount of the IMPROVEMENTS in accordance with Florida Statute 255.05. 15. In the event of termination, the CITY shall not be relieved of liability to the COUNTY for damages sustained by the COUNTY by virtue of any breach of the Agreement by the CITY; and the COUNTY may withhold any payment to the CITY for the purpose of set-off until such time as the exact amount of damages due the COUNTY is determined. 16. The CITY's termination of this Agreement shall result in all obligations of the COUNTY for funding contemplated herein to be cancelled. 17. The COUNTY and CITY agree that no person shall, on the grounds of race, color, national origin, sexual orientation, religion or creed, sex, age, or handicap be discriminated against in performance of this Agreement. 18. The COUNTY may, at COUNTY's discretion and for the duration of the IMPROVEMENTS, install signs within the public property or l easement, notifying the public that the IMPROVEMENTS i were funded with COUNTY dollars. 19. In the event that any section, paragraph, sentence, clause or provision hereof is held invalid by a court of competent jurisdiction, such holding shall not affect the remaining portions of this Agreement and the same shall remain in full force and effect. 20. All notices required to be given under this Agreement shall be in writina_ and deemed sufficient t~ each narty when Gent by United States 2300 North Jog Koad Ste. 3t=-13 West Palm Beach, Florida 33411 AS TO THE CITY City of Delray Beach Mr. Randall Krejcarek, P.E. City Engineer 100 NW 1St Avenue Delray Beach, Florida 33444 AS TO THE DBHA Delray Beach Housing Authority Dorothy Ellington 600 N. Congress Avenue Delray Beach, FL 33445 Phone: 561-272-6766 Fax: 561-272-7352 21. This Agreement shall be construed and governed by the laws of the State of Florida. Any legal action necessary to enforce this Agreement shall be held in Palm Beach County. No remedy herein conferred upon any party is intended to be exclusive of any other remedy, and each and every other remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now hereafter existing at law or in equity or by statute or otherwise. No single or partial exercise by any party of any right, power or remedy shall preclude any other or further exercise thereof. 22. Any costs or expenses (including reasonable attorney's fees) associated with the enforcement of the terms and conditions of this j Agreement shall be borne by the respective parties; provided, however, that this clause pertains only to the parties to the Agreement. 23. Except as expressly permitted herein to the contrary, no modification, amendment, or alteration in the terms or conditions contained herein shall be effective unless contained in a written document executed with the same formality and equality of dignity herewith. ~, 24. Each party agrees to abide by all laws, orders, rules and ', regulations and the CITY will comply with all applicable governmental codes in the maintenance and replacement of the IMPROVEMENTS any of the parties, of the liability limits established in Section 768.28, Florida Statutes. 26. CITY shall promptly notify the other of any lawsuit-related i complaint, or cause of action threatened or commenced against it which arises out of or relates, in any manner, to the performance of this Agreement. 27. The parties expressly covenant and agree that in the event any of the parties is in default of its obligations under this Agreement, the parties not in default shall provide to the defaulting party thirty (30) days written notice before exercising any of their rights. 28. The preparation of this Agreement has been a joint effort of the parties, and the resulting document shall not solely as a matter of judicial constraint, be construed more severely against one of the parties than the other. 29. The CITY has the authority to enter into the Agreement and to perform the obligations contained herein. 30. This Agreement represents the entire understanding among the parties, and supersedes all other negotiations, or agreements, written or oral, relating to this Agreement. 31. A copy of this Agreement shall be filed with the Clerk. of the Circuit Court in and for Palm Beach County, Florida. 32. It is the intent of the parties hereto that this Amendment shall not '! become binding until the date executed by the Board of County Commissioners of Palm Beach County. All other provisions of the Inter- local Agreement dated November 18, 2008 not specifically amended herein shall remain in full force and effect (REMAINDER OF PAGE LEFT BLANK) ATTEST: PALM BEACH COUNTY, FLORIDA, BY ITS SHARON R. BOCK, CLERK & BOARD OF COUNTY COMMISSIONERS COMPTROLLER By: By: Deputy Clerk John F. Koons, Chairman APPROVED AS TO FORM AND APPROVED AS TO TERMS LEGAL SUFFICIENCY AND CONDITIONS ~ By: By: Assistant County Attorney Date: Date: j City of Delray Beach APPROVED AS TO FORM AND LEGAL SUFFICIECY By: By: Mayor City Attorney Date: Date: Delray Beach Housing Authority APPROVED AS TO FORM AND LEGAL SUFFICIECY By: By: Chair CITY Attorney Date: i Date: Q U C6 O ~~ O (~ ~~ N W H ~ ~ ,~ ~. ~5 ' ~ ~ t~ ~ 5 . : . r ~ ~ ~ 1 ~ •j ' ~ r~ I . _4 ~. * ~. (I r k • 1 ' ~ W ~;f7 _ ,a ;'~ ~~ '1 C t ` ^' ~ p ~~ ~~ L . - 4 ti _ ~ e } - ' ~ ' ~~~ ~ ~, II i.:. ~ ..- }~ " ~ ., R i ~~~ ^ ~~ t ~ 1 i-- Ha. ~ ~,~ '* _ ~ ~ ~~ ~~ z ~~ U I ' I I ~ ~ ~ ~~ ~ ) ~ i V/ m ~ ° ~~~ , , '`` ^ .. Y y~ a~~ ti 1 ,: ~ ;, ~ ~ ~ ~, ,~ . , ,, `. 11 ~ x ~, .,, ,~ a 'ry ~ I ~~ ~~ ~ ~. ~~ ~~ (4 ~~ ~ ~ ~ ,II r~ ar I ~>~. r _ ,. ~ I a r. ly T ~ ,~ d. u ~, ! x i_._ , ~ "- +c ~~ . s ~ F . ~ ' ~r ~y ~ ~ ` r~ 4 L 4 v ~ Y... R ~~ ~~ !~ t. ~ ~ ~ 7, ~ ~'~~ ~ .r/ ~ ~ :S Fl ~ ~f: A 111 t ,,,.. ~~,~ x ` ~'~ ¢° ~~ M r' Qo .~-~O J ~- WJ o_ a. N ti r r r MEMORANDUM TO: Mayor and City Commissioners FROM: Lula Butler, Director, Community Improvement THROUGH: David Harden, City Manager DATE: November 10, 2009 SUBJECT: AGENDA ITEM 8.E. -REGULAR COMMISSION MEETING OF NOVEMBER 17, 2009 LANDSCAPE MAINTENANCE AGREEMENT/415 ENFIELD ROAD ITEM BEFORE COMMISSION The item before the Commission is for the approval of the required Landscape Maintenance Agreement providing for the installation of hedges in the City's right-of-way to effectively screen the proposed shadow-box fence at the above-referenced property. BACKGROUND The owners of the property, Kathy and Jim Laxson, would like to place a fence on the property line at the south end of the lot to maximize the yard space. The subject property is located on a cul-de-sac along a quiet residential street. With streets on three sides fo the lot there is no private yard space. Land Development Regulations Section 4.6.5(D) requires the use of hedges to screen the proposed wood fence, which would require the fence to be erected a minimum of 2 feet off of the property line. The owner has agreed to maintain the plant material for perpetuity and execute the Landscape Maintenance Agreement as required under the LDR's. Engineering staff did not see any conflict with the proposed plantings and City utilities. RECOMMENDATION Staff recommends City Commission approval of the Landscape Maintenance Agreement as proposed for the installation of landscaping proposed by the property owner and approved by staff. Prepared by: RETi.]RN: R. Brian Shutt, Esq. City AtEorney's Office 200 N.W. 1st Avenue Delray Beach, FL 33444 LANDSCAPE MAINTENANCE AGREEMENT THIS AGREEMENT is made this day of ~(~~~r~ ~~r , 20p~by and between the City of Delray Beach, Florida ("City") and ~~~,~ ~ -(-~X. S o ~ T ("Owner"). WITNESSETH: WHEREAS, in order to provide landscaping in the City, the City Commission has adopted ordinances setting forth requirements for landscaping; and, WHEREAS, in order to comply with the City's landscape Ordinance th/et Owner shall be allowed to install landscaping material in the right-af way of ~ ~ ~ ~h -4- f~ P f ~( (~~r. d pursuant to the terms of this Agreement; and, WHEREAS, this Agreement shall in no way be deemed an actual, constructive ar any other type of abandonment by the City of the public right-of--way of ~'~ ~ L~~~~'~~~ ~~ and, WHEREAS, the City reserves the right at any time to utilize the right-of--way for right-of- way purposes; anal, WHEREAS, the public will benefit from the beautification of areas along its streets by the addition of landscaping; and, WHEREAS, this Agreement is not effective unless the Owner has submitted a landscape plan and it has been approved by the City; and, WHEREAS, the parties hereto mutually recognize the need for entering into an Agreement designating and setting forth the responsibilities of each party. NOW, THEREFORE, in consideration of the mutual covenants and conditions contained in this Agreement, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereby agree as follows: l . The Parties hereby represent and warrant that the above recitals are accurate and correct and hereby incorporate them in this Agreement. 2. The Owner shall perform all conditions as required by the City or any Board of the City in conjunction with the site plan and review process for the required installation anal maintenance of the landscaping. The subject property, further described in Exhibit "A", shall have an approved landscape plan, Exhibit "B", attached hereto and incorporated herein by reference. 3. The Owner shall be responsible for purchasing and installing all plant, tree, hedge or grass material or any other material as required by the Owner's approved landscaping plan. Ownex shall further be responsible far obtaining all permits and approvals from all applicable governmental agencies. 4. The Owner hereby agrees to maintain the plantings in the right-of--way in accordance with the City's Ordinances and the terms and conditions of this Agreement. The Owner shall be responsible to maintain, which means the proper watering and proper fertilization of all plants and keeping them as free as practicable from disease and harmful insects; to properly mulch the plant beds; to keep the premises free of weeds; to mow and/or cut the grass to a proper height; to properly prune all plants which includes (1) removing dead or diseased parts of plants, or (2) pruning such parts thereof which present a visual hazard for those using the roadway. To maintain also means removing or replacing dead or diseased plants in their entirety, or removing or replacing those that fall below original project standards. All plants removed for whatever reason shall be replaced by plants of the same grade, not necessarily the same plant but of acceptable quality to the City and the Owner, as specified in the original plans and specifications and of a size comparable to those existing at the time of replacement. To maintain also means to keep litter removed from the landscaped areas in the right-of--way. Plants shall be those items which would be scientifically classified as plants and include but are not limited to trees, grass, or shrubs. 2 5. If at any time after the execution of this Agreement by the Owner, it shall come to the attention of the City that the landscaping is not properly maintained pursuant to the terms and conditions of this Agreement then the City may at its option issue a written notice that a deficiency or deficiencies exist, by sending a certified letter io the Owner. Thereafter, the Owner shall have a period of thirty calendar days within which to correct the cited def ciencies. If said deficiencies are not corrected within this time period, the City may at its option, proceed as fO110WS: (a) Maintain the landscaping or part thereof, and invoice the Owner for expenses incurred. (b) Terminate this Agreement and require the Owner to comply with the City's current Ordinance on landscaping. (c) Cite the Owner for failure to comply with the City's Ordinances. 6. At all times hereto, the Owner shall own and maintain all landscaping installed in the right-of--way by the Owner. /f 7. If for an,~y} treason the City decides that it needs the right-of--way of `t" ~ JC ~~ ~~j ~ [ ~ ~Gi or for any other public purpose this Agreement shall terminate, and the Owner shall be required to comply with the City's current Code of Ordinances regarding landscape requirements. Owner shall remove all landscaping from the right-af--way within 20 days of such notification, if so requested by the City. S. The Owner shall indemnify and hold harmless the City, its officers and employees from all suits, actions, claims and liability arising solely out of the Owner's installation and maintenance of landscaping in the City's right-of--way. 9. This Agreement shall constitute the entire Agreement of the parties with respect to the subject matter of it. All prior understandings and agreerrzents between the parties with respect to such matters are merged into this Agreement, which alone fully and completely expresses their understanding. 10. This Agreement may not be assigned or transferred by the Owner, in whole or part without the written consent of the City. 11. This Agreement shall be binding on the Parties, their respective heirs, successors, legal representatives, and permitted assigns and shall be xecorded in the Public Records of Palm Beach County and shall run with the land. 3 12. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. 1N WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed on their behalf this ~ day of du d ~-~m ~ ~ , 200 ATTEST: City Clerk CITY OF DELRAY MACH, FLORIDA By: Approved as to legal form and sufficiency: City Attorney WITNESSES: 1~C S ~ i ~' ~ ~C.~ {Print or Type Name (OWNER) Mayor Paint ox T e Name Dc~(~ ( yp } ( ~. ~ (Print or Type Name) STATE OF ~~~~~ COUNTY OF `~~~ ~~~~E~- The foregoing instrument was acknowledged before me this ~-day of 3 c3~! ~ 200, by ~T3-i-~I c--~c ~ rte! ~ as ~-i~a..~ ~ u ~ ,y ~.. {name of officer or agent, title of officer or agent}, of (name of corporation acknowledging), a {state or place of incorporation} corporation, on behalf of the corporation. H~~~e i..~ personally known to me or has produced ~~-~ t~jC._.._ (type of identification) as identification. Signature of Person Taking Acknowledgment Name "" `~ MICHELLE RE~iNE T A ELLi _ ~ti~~~~'~` Commission # DD 934382 Expires October 23, 21113 ~ a-` BondedThru7myFainlnsurance840~385~7019 '~,P 4 SKEl"CN QF L,4 ND SURVEY ~~~~ :..l~~r~t~~, ~Hm.~~ ~~~d~~-'+IL.rf+7 }febr~&l~~,llw.}~d~.1~}~9's"~~ii'i~~{'-~..~~~'. rat ~~i Ci g9 t~ R„J~~Y.IIii•~L%r~~°.y~I~ c~.t Il.'i~'y1: ~"~`~r~:y~g.t, ~~dfi~~4 ,513q Y>iili~~~~ # T; ti I, ~ e I ~s~"Ky)y~S~I ~<~+1~ 3 "~'"'i' ~iszaTfw i'~ a:w€~ ~~Ya'.~';:iEr ~3~1 ~m1a ~i „>~4~'E;1,~~Y~~;..'~ ~~~ s ~~'sCa 1 P7'1 oN: ~uilc~illc~/~4i~~ct~Ir~1 Lot 28, LAKS 1DA MANOR ApDlrlON N0. 2 as recorded In Plat Bock 25 Page 61 of ~~~C°'~P'1C~z1 tlTe Public Records of Palm Beaclr. County, Fforfda. C,~rtified tc: -°--- Ja.l^es & Kathy z.~exsnn ~f~t~ICc~ia_r~~,~~..-~,.~~,~.~,~„»~„. ci . •~ `~ -- ~ a ~ C i a j Io ~~ I a7 ~ c i ~ f Y~~~~--------,_.,._.~ ..._..~... ~~ I~ I i I i i # i ~ ~ Hanhole Set tfall d ~ISc e v.. 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FAR: - RATE CEAT I F I CATE tt95 HETNAAK FINANCIAL CAgP, 12/28/89 THIS IS TO CERTIFY THAT THE PROPERTY pESCRIDED IV THE FDREGplNG TITtE CAPTlDN HAS BEEN RECENTLY SURVEYED UNDER NY SUPERVISION AND THAT THE AADYE GApUNO SUAYEY REYISSANS ~ AND SKETCH AAE ACCURATE AND CORRECT Tp THE DEST OF HY KNOHLEDGE AND BELIEF. I FURTHER CERTIFY THAT 7H15 SUAYEY MEETS THE HlNINUN TECHNICAL STANOAADS SET FORTH J119O Shoo` IOt elerJ. 1-12-QO BY THE FEDAIDA BDAAp OF LAND SURVEYORS, DEPARTNEHT pF PACFE5510NAL REGULATION. ?9920 ~L . 5TAl1E.' ouT 8-3D-90 n ne ~iom w aimstcr-ur-~i"~® ' ' 79054 bla under cony 4-f1- qp nmans, ce enix uelus uras or IEmuo. 3nl IlFOwlio~ vma eE ~EAllm npTAt 1270 , . ~WAtr SuRV~y 12-Ig•40 usrrexuh not Y~~nunAl RItH7Et A HITf fE3;451FAED LUIB StCVfP 77l SIHIE tlF Wl106 JFftAn A Nilf F46;S1FAe7f I.VIB SVAYEI A Ml 3757 SALE AF FLfNtIHA DENT aSSDC1 ATFS 4891 N.N. 103rd AVE. SUSTE ii SUNRISE, FL. 33351 PHONE (305) 749-p333 FAR (305 749-0335 LAND SURVEYS SU9D.IV.ISl0N5 CDNSTAUCTION SURVEYS i' = 3D' I Fl EL!) 90flK: 326-22 I YAi.lD ONLY KITH EY!BASSEA SEAL R~~~D ~NTf~~ & ''~ BOARD ON BOARD FENCE SH FREE ESTIIIAA7'ES 9 472 Martin Luther King 8[vd. Tel: (667) 848-6220 RIVIERA BEACH, FL 33404 'fax: (5S7) 848-6870 1 ~'/ 1 ~ ~ ~ ' J ~ f '~"- ,~,.. r~ r wow ~ { ~~ ~~~ ~. ' I ~ i f t 4 ,,` ~ ~~ _ ' _ ~ h I' ~ I ~ ~'k.. ~ I ! ' ~ , i t' ~r 3 ~ 'S r +f I ' i ~ i ~ F r ,1 ~ ~ i ff n:rM r '~ ;~ a r ~ ~ } I ;; , •.. ~ 11_ 1~ ' I -, ~ I ~ L ~ ~ ~ I .II E i 'i. ~ ~I ~ ~ a f. .y ~ . 5 '1 i 5 f `3 ` f • I ~ _ -~ t T - . ~ E t~i . _ 9 5 ~ .. I l~a t ~I V6 ( ! -~ t L}rl Y j i ~ ~'~~ 45. } Y . ~ ~ H I~ f i r ~I~d I ~ C ~i ~ t ; 1~- t s ! ~~ $ I ~I I ~ ,~ ~~ ,~ sl ~. f ~~ 5 L 5 < sx G P {~ ~F ~ f S , ~' r S'~i ~h ~ ` ~~ i 't i 'y-. 't, i ~tf 154 :cif }i11~4 }} u~,,~ ~ ~'1' i F ~ y~ ; !t a I S _'~. ~5 y~ ! ~ _ i ~ ' I ~y f ;;~f , ., ~.-~ A I .- ~ ~ Y!l 1, i~H~L. I I51 - . i 3 L ~ rh I 4 ~ y sf ~ STOCICeo-DE FENCE ~~ t z ~ ° ' ~i 5 i ~~S i ~' t~~ ~ ~ C)lilC~ ~~ ~~~~ C~ ~~~ ~~~~ ~~ ~. ;. MEMORANDUM TO: Mayor and City Commissioners FROM: Terrill Pyburn, Assistant City Attorney THROUGH: City Attorney DATE: November 6, 2009 SUBJECT: AGENDA ITEM 8.F. -REGULAR COMMISSION MEETING OF NOVEMBER 17, 2009 AMENDMENT NO.2 TO THE AGREEMENT WITH GOVDEALS, INC. ITEM BEFORE COMMISSION Amendment No. 2 to the Agreement with GovDeals, Inc. BACKGROUND This is an amendment to the Agreement dated November 11, 2008, which provides for an extension of time by amending Paragraph 6.0, "Term of Agreement" to extend the Agreement an additional twenty- four (24) months. Since December 2008, the City has sold surplus vehicles, equipment and supplies on GovDeals for a net income to the City of $122,640.50. RECOMMENDATION Staff recommends approval of the extension. AMENDMENT NO. 2 TO THE AGREEMENT WITH GOVDEALS THIS AMENDMENT NO. 2 to the Agreement with GovDeals dated November 11, 2008 is entered into by and between the CITY OF DELRAY BEACH, FLORIDA ("City") and GOVDEALS, INC. ("GovDeals") on this day of November, 2009. WITNESSETH: WHEREAS, the City and GovDeals covenant and agree to amend and modify the Agreement entered into on November 11, 2008 and Amendment No. 1 entered into on September 21, 2009, in order to provide and extension of time. 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 6.0, "Term of Agreement" of the Agreement dated November 11, 2008, shall be amended as follows: 6.0 Term of Agreement: This Agreement shall commence on the date it is signed by both parties and will continue for a period of +`"~ twenty-four months unless terminated upon sixty days written notice by either party. This Agreement may be extended upon the written consent of both parties. Either party may request a re-negotiation of the terms hereof during a period of sixty days prior to the anniversary date of this Agreement. Any charges owed either party prior to terminating the agreement will remain payable. 4. All other terms and conditions of the Agreement dated November 11, 2008 and Amendment No. 1 dated September 21, 2009, not in conflict with this Addendum shall remain in full force and effect and are incorporated herein. IN WITNESS WHEREOF, the parties hereto have set their hands the day and year first above written. ATTEST: City Clerk CITY OF DELRAY BEACH, FLORIDA By: Approved as to Legal Form and Sufficiency: City Attorney WITNESSES: Print Name: Nelson S. McDuffie, Mayor GOVDEALS, INC. By: Print Name: Title: Print Name: STATE OF FLORIDA COUNTY OF The foregoing instrument was acknowledged before me this day of 2009, by (name of officer or agent, title of officer or agent) of (name of corporation acknowledging), a (state or place of incorporation) corporation, on behalf of the corporation. He/She is personally known to me or has produced (type of identification) as identification and did (did not) take an oath. Signature of Notary Public -State of Florida 2 ~ O w LL LL U ~ >. Y LL _ LL m J N f/1 U Z LL U~ J ~ ~ LL ~ t ~ i ~ ~ V f0 y" LL LL LL LL ~ ~ ^2 LL LL LL LL LL LL ~ N O ~ ~ O H Y 7 ~ i O 3 0+ LL LL f0 a1 m co U~ aS ~ ~ o U co ~ O 'o d C7 LL d m f0 ~ d v 'V d _ '~ d _ '~ LL s ~' . - a y (' t ~ ~ O 9 v V f0 v O d d V f0 v 0 d _ > LL s ~ y .p LL LL U f0 v y Q N 01 f0 m y N . .N+ C LL .' 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BACKGROUND The fire department has made great advances in patient care through the use of technology. Due to the cost associated with this investment and due to a higher replacement cost, it is prudent that the department protect its investment. In an effort to protect the investment, the department desires to maintain an extended warranty and preventive maintenance contract for sixteen (16) Zoll Defibrillators at a total cost of $22,052. FUNDING SOURCE Funding is available through account code: 001-2315-526-46-20 RECOMMENDATION Staff recommends approval. ~'~ ~~ ~ ~% ®~.L liflsdicat Car~arat€an r"~fi.~~~ ~~~~~, ~,~#~,:,, 269 Mill f2oad Ghelrrtsford, Massachusetts 01824-41(35 (S78) 421-9855 - (800) 348.9011 ~.~o " ___.-,_.. - _-- _-_ (978) 421-0022 Pox CUST#': 101718 DAl°E: 10/14/2009 NAME: Delray Beach t*ire Departm¢nt A"t"t'N: i~ictar Williams Bili-to: 100 North West 1st Avenue "i"EL#c 551-243--744{3 Delray Beach, FL 33444 FAX #: 5b1-243-7135 Ship-to: 501 West Atlantic Avenue EMAIL: williamsvG~ci.d¢Iray~beach.fl.us Delray Beach, FL 33444 PART DISCOUNTED EXTENDED NUMBER DESCRIPTION 1~ LI5'1" PRICE PRICE PI21:Ci=' $889-0001 (JNE (ij Year Extended Warranty 16 $1,145,00 $973.25 $15,ra72A0 Z©LL M Series Defibrillator 8889-1992 Preventive Maintennnce (PM} 2 PM's per unit per year 16 $45D.00 $405.00 $b,480,00 5eria! Numbers. 702631557, 7D2J39236, 7D23"3J2gD, 703843058, 703643335. 703643338, 702631307, 703643346, 7023'39235. 70239242, 703643337, 703843339, 703643348, 703644008, ABD7A00338D, ABD7D00402f~ CflNTRACt° DA7ES: November i, 2009 to October 31, 2010 -l'Q'1'AL $22,g52.gq ONI= (~,) YEAR f~X7'ENDED WARRANTY INCLUDES: * 15% Multi Unit Ext¢nd¢d Warranty Discount 20% Discount an New Gables * 25°1a Discount on Lithium 5urePower Batteries * 50°/° Discount on Sealed Lead Acid Batteries * The use and shipping of o Service Loaner at no cast during repairs. * Na chargz fnr shipping of unit being repaired, NOTES: * Extended Warranty is a continuation of the Standard Factory Warranty. * List prices quoted are firm far 60 days. * 'Perms are Net 3D Days. CANCELLA'1'If7N POl~3CCY: The r¢quest to cancel an Extended Warranty must be sent in writing to the 't'echnical Support Contracts Department, 7 e Extended Warranty Contract will be ter~ninat¢d 60 Days a t¢r r¢c¢ipt of request to cancel- . Authorized signature f bate ~ Denise Whittemore Delray $each Fire Department Service Contracts Sales Representative MEMORANDUM TO: Mayor and City Commissioners FROM: R. Brian Shutt, Assistant City Attorney DATE: November 12, 2009 SUBJECT: AGENDA ITEM 8.H. -REGULAR COMMISSION MEETING OF NOVEMBER 17, 2009 CONSENT TO ASSIGNMENT/T-MOBILE TO MOBILITIE INVESTMENTS II, LLC ITEM BEFORE COMMISSION Transfer of the City lease agreement regarding the cell tower at Barwick Park from T-Mobile to Mobilitie Investments II, LLC. BACKGROUND The City entered into a lease agreement with T-Mobile, dated July 29, 2008, allowing T-Mobile to construct and place a cell tower at Barwick Park. T-Mobile has notified the City that it wishes to assign the lease to Mobilitie Investments II, LLC. T-Mobile has stated the request to assign follows its normal business plan, that once the tower is constructed it assigns the lease agreements to Mobilitie, which is better equipped to handle the normal day to day maintenance activities and management of a cell tower. RECOMMENDATION Approve the consent to assignment. CONSENT TO ASSIGNMENT The undersigned, the City of Delray Beach, a Florida municipal corporation, being a party under that certain lease agreement dated July 29, 2008 and originally between the City of Defray Seach and T-Mab~7e South LLC, does hereby give consent to the assignment of the agreement from T-Mobile South LLC to Mobilitie Investments II, LLC, a Delaware limited liability company, which shall assume and. agrees to all terms and conditions of the original Agreement. IN WITNESS WHEREOF, the undersigned has signed this instrument on this day of , 200_. ATTEST: By: City Clerk Approved as to legal form and Sufficiency: By: City Attorney CITY OF DELRAY BEACH, FLORIDA By: Nelson S. McDuffie, Mayor T-Mobile South C ~J By: ~!' - - cb~j91©~ '~- 17i a Legaf prnva4 Melanie Ki I V COUNTY OF I /} 1 The foregoing instrument was acknowledged before me this. ~~~day of ti ~,i 200, by ~1 ~ I Gl ~1 ~~ r` SS , asJ 1'. ~/ t'~G~Y - I~,JC~iG!'1 G~-~' f~E v ~ l a~r~: (name of officer or agent, title. of officer or agent), of ~- ~ ,~ . l$ ,~~ L~"1~'1 ~ ~. (Warne of corporation acknowledging), a ,~.~-~ ~(;l f~~~ (state or place of incorporation) corporation, on behalf of the corporation. Hem is personally known to me or has produced f1 5~:~1 ~ ~ (type of identification} as identi catio . `~~~~i\1111;. ,~`` N. Pq R' ~ ~; afore of otary Public .. ++....''~ ~~ ~fp ~~., ~ I _ u~ i S _4 O ~' y°¢ ~ - (Print or Type Name) WITNESSES: Mobilitie Investments II, LLC g Delaware limited liability company By: Mobilitie, C, a Nevada 1' 'te lia il' company, its Manage By: GR Y J q i a Name: (Print a Name} Title: .~ ~. ~ c.r (Print or e. Name) COUNTY OF The foregoing. instrument `s as acknowledged before me this 200_, by , as {name of officer or agent, title of officer or age , of (name of corporation acknowledging}, a (state or place of incorporation} corporation, on behalf of the corporation. HelShe is rsonally known to me or has produced (type of identification) as ide ification. Signature of No Public day of f State of California ) CALIFORNIA ALL-PURPOSE county of ~VC~ ) CERTIFICATE OF ACKNOWLEDGMENT ~r~. ~~ On V~J1 ~~Y 1~ before me, +~ , (here insert Warne and tiNe of the offi{cer} personally appeared wha proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity{ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF Pi=RJURY under the Eaws of the State of California that the foregoing paragraph is true and correct. ERIKA AKASON r COMM. # 1841277 z WITNE55 my hand and official seal. ? ` ~ ~QT Q~N~ R~ ~F~~}A~ My Comm, expires March 22, 2013 Signature (Seal) OPTIONAL 1NFORMA710N AlChaugh the information in this seEtion Is not required bylaw, it could prevent fraudulent rernova! and reattachment of ibis acknowledgment ro an unauthorized documenrand may prove useful ro persons relying on the attached document Description of /attached Document The preceding Certificate of Acknowledgment is attached to a document titled/for the purpose of containing pages, and dated The signer(s) capacityor.authority is/are as; ^ Individual[sy ^ Attorney-in-Fact ^ Corporate Officer(s) lltle(s1 ^ Guardian/Conservator ^ Partner - Limited/General ^ Trustee(s). ^ Other: representing: Name{s} of Persons} or Entity{Yes} Signer is Representing Method of Signer Identification Proved tq me on the basis of satisfactory evidence: LO forms} of identification Q credible witness{es1 Notarial event is detailed in notary journal on: Page # Entry Notary contac#: Other ^ kdditional5igner(s) ^ Signer(s)Thumbprint(s) o Cppyright 2007 Notary Rotary, hnc 925 29th St., Oes Moines, IA 50342-3612 Form ACK03. lr]/OT. To re-order, tail toll-free 1-8.77.349-6586 or visit us on the Internet at http:/lwwve.notarytotary.eom MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: November 11, 2009 SUBJECT: AGENDA ITEM 8.I. -REGULAR COMMISSION MEETING OF NOVEMBER 17, 2009 RATIFICATION TO THE PARKING MANAGEMENT ADVISORY BOARD ITEM BEFORE COMMISSION This item is before the City Commission for ratifications to the Parking Management Advisory Board. BACKGROUND On September 21, 2009, the Downtown Development Authority appointed Ms. Diane Franco as their alternate representative on the Parking Management Advisory Board for an unexpired term ending July 31, 2010. The Parking Management Advisory Board was established by Resolution No. 88-97 on December 9, 1997. The purpose of the Board is to advise and provide recommendations to the City Commission regarding parking management policy and related issues including but not limited to, the planning, financing, development, construction and operation of parking facilities within the boundaries of the Transportation Concurrency Exception Area (TCEA), as well as, all public parking areas located along State Road AlA within the corporate limits of the City. A check for code violations and/or municipal liens was conducted. None were found. Voter registration verification was completed and all are registered. Recommend City Commission approve and ratify the appointment of Ms. Diane Franco, representative of the Downtown Development Authority, for an unexpired term ending July 31, 2010. RECOMMENDATION Recommend ratification of Ms. Diane Franco to serve on the Parking Management Advisory Board for an unexpired term ending July 31, 2010. 11/09 PARKING MANAGEMENT ADVISORY BOARD TERM MEMBERS CATEGORY EXPIRES 07/31 /11 Joeseph Pike amt 08/18/06 alt P & Z Ratified 10/3/06 Reappt 07/21/08 alt Ratified 08/19/08 Amt 08/17/09 reg Ratified 09/10/09 07/31 /10 David Cook Chamber of 07/18/06 ~ i Commerce 1 ed 08/15/06 Reappt06/02/08 Ratified 08/05/08 07/31/11 Herman Stevens CRA amt o~/09/09 Ratified 09/10/09 07/31/10 Peter Perri WARC Unexp Appt 05/10/06 Ratified 07/11/06 Reappt09/13/06 reg Ratified 12/12/06 Reappt07/09/08 Ratified 10/21/08 07/31 /10 ran Marincola, Vice Qzair amt m/2o/o6 DDA Ratified 08/15/06 Reappt07/14/08 Ratified 08/19/08 The representatives above are ratified by the City commission. The representatives below are appointed by the City Commission. 01 /31 /10 Mark Denkler, Q-iair Atlantic Avenue Comdor a~ 02/21/06 Between Swinton Avenue Reappt o1/15/08 and the Intracoastal 01 /31 /10 Alan Kornblau Atlantic Avenue Comdor Unexp Appt 01/03/08 Between SWintOn AVenue and Interstate 95 01 /31 /10 John Gergen Atlantic Avenue and State Unexp Appt 05/06/08 Road AIA COTT1dO2S and lying East of the Intracoastal Waterwa 01 /31 /10 Cecelia Boone Old School Square Unexp Appt 03/21/06 HLSt021C AT'fS DI`stnct Rea 01/15/08 07/31 /11 Nancy Schneider Citizen at-Large amt o1/02/0~ Reappt0l/20/09 07/31/11 George Brewer Citizenat-Large Amt 02/03/09 PARKING MANAGEMENT ADVISORY BOARD ALTERNATE MEMBERS TERM MEMBERS CATEGORY EXPIRES 07/31 /10 Deborah Dowd P&Z Unexp Appt 08/17/09 Ratified 09/10/09 07/31/10 Chamber of Commerce acant 07/31 /10 Peter Arts amt 06/08/06 CRA Ratified 07/11/06 Reappt06/26/08 Ratified 08/05/08 07/31 /10 Jimmy Weatherspoon amt o~/09/08 WARC Ratified 10/21/08 07/31 /10 Diane Franco DDA Unexp 09/21/09 S/C ity Clerk/Board 09/Parking Management Aclt~isory Board Contact: Scott Aronson -Parking Management Specialist 243-7196 Commission Liaison: Commissioner Gary Eliopoukos MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: November 11, 2009 SUBJECT: AGENDA ITEM 8.J. -REGULAR COMMISSION MEETING OF NOVEMBER 17, 2009 KIDS AND COPS COMMITTEE RATIFICATIONS ITEM BEFORE COMMISSION This item is before the Commission for ratification of appointees to the Kids and Cops Committee. BACKGROUND The Kids and Cops Committee was established as an Advisory Board to the City Commission in May, 1994 with the adoption of Ordinance No. 20-94. Its primary goal is to strengthen the relationship between the local youth of our community and members of the Delray Beach Police Department through various programs and activities. It is composed of representatives from the City's Police and Parks and Recreation Departments, as well as, representatives from the Delray Beach public schools. Over the years, membership has evolved to include "At Large Representatives" which has provided the opportunity for interested residents to participate in the program. The City Commission directly appoints members to fill the "Citizen At Large Representative" and "At Large Representative" category. The other appointments are made by the various groups involved and presented to the Commission for ratification. The current appointees for ratification are: Organization Represented Danielle Beardsley Parks and Recreation Sheila Bethel Pinegrove Elementary William Fay Banyan Creek Elementary Vilguins Louissaint Plumosa Elementary Cheryl McKeever Crosspoint Elementary Jeffrey Messer Police Department Yvonne Odom Carver Middle Angelica Rotondo Orchard View Elementary Regina Sablo Crosspointe Elementary Edward Smith Police Department Rona Tata SD Spady Elementary A check for code violations andlor municipal liens was conducted. None were found. All of the current appointees have previously served on the Kids and Cops Committee. The terms will end on November 30, 2011. RECOMMENDATION Recommend ratification of the current appointees to serve on the Kids and Cops Committee for two (2) year terms ending November 30, 2011. HIDS AND COPS 11/09 TERM REGULAR MEMBERS ORGANIZATION EXPIRES REPRESENTED 11 /30/2009 William J. Fay, Jr. (Principal) Banyan Creek Elem. Ratified 02/07/06 Reapptll/07/07 Ratified 12/11/07 Rea 10/09 11/30/2009 Yvonne Odom Carver NTiddle Ratifiedo2/o7/06 PBC School District Reapptll/07/07 Ratified 12/11/07 Rea 10/09 11/30/2009 Cheryl McKeever Crosspointe Elem. Unexp Appt 09/06/06 Ratified 11/17/06 Reapptll/07/07 Ratified 12/11/07 Rea 10/09 11 /30 /09 Regina Sablo Crosspointe E lem. Unexp Appt 09/03/08 Ratified 03/17/09 Rea 10/09 11 /30 /09 Rona Tata SD Spady E lementary Unexp Appt 09/03/08 Ratified 03/17/09 Reapptl0/09 11 /30/2009 Danielle Beardsley Parks and Recreation Ratified 02/07/06 Reapptll/07/07 Ratified 12/11/07 Rea 10/09 11 /30/2009 Jeffrey Messer, Chair Police Department Orig Appt 1997 Ratified 02/07/06 Reapptll/07/07 Ratified 12/11/07 Rea 10/09 11 /30 /2009 Edward Smith Police Department Ratified 02/07/06 Reapptll/07/07 Ratified 11/11/07 Rea 10/09 11 /30/2009 Jennifer Buce, Vice Chair At Large Representative o~ appt o~/97 Reappt02/07/06 Rea 12/11/07 11 /30/2009 Francis Moschette At Large Representative Reappt02/07/06 Reapptl2/11/07 11 /30/09 Phyllis Willingham At Large Representative Appt03/03/08 (partial term) 11/30/09 Sheila Bethel Pinegrove Elem. Unexp Appt 09/03/08 Ratified 03/17/09 Reapptl0/09 11 /30/09 Village Academy Vacant 11/30/09 Angelica Rotondo OrchardViewElem. Unexp Appt 09/03/08 Ratified 03/17/09 Reapptl0/09 11 /30 /2009 Cory Cassidy Citizen at Large Ratified o2/07/06 Representative Reapptl2/11/07 11/30/2009 Vilg~rinsLoussaint PhunosaElem. Unexp Appt 10/09 5/City Clerk/t5oard U9/Kids ;ops MEMORANDUM TO: Mayor and City Commissioners FROM: Robert A. Barcinski, Assistant City Manager THROUGH: David T. Harden, City Manager DATE: November 4, 2009 SUBJECT: AGENDA ITEM 8.K. -REGULAR COMMISSION MEETING OF NOVEMBER 17, 2009 SPECIAL EVENT REQUEST/KIDS DAY AT THE TREE ITEM BEFORE COMMISSION City Commission is requested to approve Kids Day at the Tree to be held on December 12, 2009 from 10:00 a.m. to 4:00 p.m., to approve a temporary use permit per LDR's Section 2.4.6.(F) for the closure and use of NE 1st Avenue from Atlantic Avenue to the alley north of Atlantic, and to provide staff support for traffic control and security, barricading, trash clean up, fire inspection and use of the City portable generator. BACKGROUND Attached are the event permit, site plan and budget received from Marjorie Ferrer for this event. The event will primarily be held on the grounds at Old School Square with snow areas set up on NE 1st Avenue. The event will include entertainment as well as various children's activities. The estimated City costs for the event are $1,050. Per event policies and procedures, the event sponsor's payment to the City would be approximately $21. RECOMMENDATION Staff recommends approval of the event, the temporary use permit, and staff support as requested contingent on the receipt of the Certificate of Liability Insurance. ~1 ~~ ADI~I IIVISTRATIVE SERVICES City o~Delray Beach "~`~`"`e~'' "' Special Event Permit ~~ Application ~ PLEASE TYPE aR PRINT 1s~3 zoa~ Event NamelTitle; Kids Day at the Tree `.. Event Date(s): ~~.d~ ~ Times: _ 10 am - 4 pm ~ ~~ ~ ~ Event SponsarlPraducer: Downtown Marketing Cooperative - Event Contact/Caordinator; _Mariorie Ferrer Name: Telephone Number: Cellular Number: 551-271-3148 E-mail Address: marjorie@delraybeach.com _ „~, Event DescriptioniPurpose: Celebratin Kids activities at the l00 ft. Tree snow entertainment Santa hotos and mare Brief I~i~tory of Event (If applicable);- This event has been held for auproximate~ Planned Activities (Outline of activities/number of activities, i.e. entertainment, children's rides, games, other programs): S ow entertainment Santa hotos and kid activities Number of Individuals Served Previous Year (if applicable): 2 500 Describe the targeted population and expected attendance: families oun children 2 56D Describe how the program or project addresses community needs: Describe your MarketinglProrr~otions Program (How will you marketlprorr~ote, i.e. TV, radio, posters, flyers, web sites, other); Sponsor Category (please check) City XNon-ProfttlCharitable o Private ^ Co-Sponsor --Non-ProfitlPrivate ^ (If Non profit attacji proof of Saic(3), c{~), c{6), C{ZD), or c{19) ar (d) Event Location (Describe area boundaries of eventllocation): OId Sehoal Square, front and side yards_ __ _ . _ _ Site plan attached; yes X no (Site plays required for enure event site. Include locations of tents, stage, portalets, dumpsters, portable lighting, and barricade lacation if applicable.) Rental of Old School Square: NfA yes no (If yes, attach proof of approval) Private Property Use: yes no. X (If yes, attach letter giving authorization from property owner) Event budget attached: yes X no {Required for all everits~ Previous year Revenue/Expense summary attached: yes X no (Required for all events) 17o you have cash sponsors for the event: yes X no (Indicated on budget) Do you have inlcind sponsors for the event: yes X no (Indicated on budget) [3:lwwdatalEventslKids Day at the TreelKids Day at the Trea 2007 special Event Parmst Application.doc Serving or sailing alcoholic beverages: yes - - - r-o X (rf yes, copy of license and alcohol liability insurance required two (2) weeks prior to event) Event certi#'ioate of insurance attached: yes no NlE1 (Required twa (2) weeks prior to event naming the City as additional insured, also required for vendors) Playing of amplified music: "YeS X n0 (Waiver required) Will there be entertainment: yes X no (If yes, attached list of Performers andlar DJ's) Just recorded CD music If yes, sponsor agrees all entertainment will be family oriented and contain no obscenities: yes X na Requesting Police assistance: yes X no (traffic contras/security) Will supplement with private security: yes no X (rfyes, need plat: altaclted) Requesting Emergency Medical assistance: yes no X Requesting barricade assistance: yes X no (Lf no, stow are you handling?) French for snow Requesting trash rernovaliclean up assistance: yes X ~ na (Will be billed to sponsor} Requesting trash boxes/containers and liners: yes X no._ Requesting stage use: yes no X (1. fYes, check type) Large stage (14' x 36') ^ Su~.all stage (16' x 21'} © HaIF small stage (S' x 23.') n Requesting signage: yes_~, no X Type: 4'x4'Event sign Parking Signs Banner hanging J ~nciicate dates required (Waiver required if more than one (1) week prior to evens) Requesting City Portable Generator: yes X no~ (If yes, size & power) Needs to be delivered on Saturday B:On a.rn. Food and beverage vendors: Yes. ~ - no If yes, approximate Number 5 booths no {Health Department approval required} yes Li:lwwdatatEvents~iCids day at theTreallGids Ray at the'Free 2007 Special Event i'ermit Application.da; Qther vendors: yes X no-..,. (Indicate type) Souvenirs Tents: yes X no If yes, How ma;•xy 3 N'hatsize or size required 10' x l0' (If yes, tent permits and fire inspections may 6e needed) Will the event include amusement titles: yes no~ (,~f yes, type and location and copy of liability insurance required, also requires state license and inspection.) '~i~ill the event be gated: yes no X (.Shaw on site map) Will there be a charge for the event: yes no~ X (1f yes, indicate ticket prices) Will there be fireworks or other pyrotechnics: yes no X ~.. (If yes, contact Fire Mars}tai to obtain and cornplete,permit application) Will there be cooking with compressed gas: yes no X (If yes, contact Fire Mars}ta! for inspections) Wili you be providzngpart-a-lets for the event: yes no~ X (1f yes, locate an-site map. If no, indicate how you wi}2 handle restroom needs) Is reserved parking requested: yes no__~X.~__^_ (1f yes, indicate locations and purpose for use) Event Permit Attachments: X RevenuelExpense Budget Revenue/Expense Recap Last Years Event _ X ~ .Site Plan NIA Letter Requesting Noise Ordinance Waiver N1A Letter Requesting Waiver Consumption Alcohol Beverages XProof of Non-Profit Status NIA General Liability Insurance Certificate Alcohol Beverage Liability Certificate NfA Proof of Rental Agreement or Authorization Letter from Priva#e Property ____ Cwner X Hold PTarmless Agreement Submittal Date Requirements: ~ Minor Event 4S days prior to event ~ Intermediate Event 9Q days prior to event Q Major Event i 2Q days prior tv event Lf:\wwdatal6ventslKidS Day at the TreeUCids Day at tf~a Tres 20fl? Speeia! tavent Permit Applicatian.doc • Major Event 120 days prior to event • Neighborhood Blau Party 30 days Prior to event **Par and Re anon to provide tiller and 2 staff fra snow maintepance ~'~ Rvent ontract r/C rdl t Ida#~ Please print. Please enclose the appropriate non-refundable application fee payable to the City of Delray Beach, 100 N.W. lst Avenue, Delray Beach, Florida 33444. Required with permit application. F'vr Sfuff Use Dr:ly Date Received J Application fee received t s:lwwdatalEventslKids Day at theTreetKids Day at the Tres 20Q7 Special Event Permit Applitation.doc I~ V " ` ~ ~.a,~ ~ F j,~~.~~~~2~m ~ . ~ ~. _ ~` ~` ",{ ~ ~`. # 1~}~iF ~~ ;_ ,~ ~- ~ ~'+ .~~ ~..~, ~~ -~~. }2 ~; ~} Y } ~ i 0y+ ~'~ ~ f ' ~3 F ~~ ~ i . ~' ~ '~- .~~ " i l =~ t `- ~_ ~ ~ :~ : i ~~= "E~ Z'~ ` i rA e + 1 h, , Yam„ - i~ 'W? _ $. . z, fi t 33 2 1 . n .. § i. $ ~ ~r ~~~ ~l m;.~ t, I l a~;;~,'. >~3;; , __ ~'~... V~~~~~ ~~ SPECIAL EVENT MOLD HARMLESS AGREEMENT The Defray Beach Downtown Marketing Cooperative (camprisea o~i' tine Gommunity Redevelopment Agency,. Downtown Develop;rer?t 'Az.!tl'10~'i#,~, Chamber of Commerce and the City of Delray Beach) agr~~s tci' indemnify, hold harmless and defend the City of Delray Beach, its agents and employees from all suits, actions and claims including attorney`s fees and costs attendant to any claim, litigation, administrative proceeding, appeal and judgment of every name and description brought against the City as a result of loss, damage or injury to person or property arising from and in exchange for the Delray Beach Downtown Marketing Cooperative use of City racilities of property for the special event of -- --_.. _- - _-and hereby releases the City of Delray Beacl~, its agents and employees from all suits, actions and claims including attorney`s fees and csosfis attendant to any claim, litigation, adrrlinistrative prarcedings, ~ippeal and judgment of every name and description l:~rought against titre City as a result of loss, damage or injury to person or property arising from the special event of __ This Indemnification and Hold Harmless and Defend Agreement is only to the extent of insurance maintained by the Delray Beach Downtown Marketing Cooperative as covered under Penn American Insurance Company policy number PAC6162705. Michael Listick, Chairman, ntown Deve~lopmenfi Authority Howard Lewis, Chairman, Community Redevelopment Agency William J. Wood; President, Ghambe~ of Comrerce ,~ ~: ~, _ Rober~~A: 13arciri~ki; Assistant City Manager, Gity of D{~lray~l~each Revlse<i 7126109 ~Ei.RAY BEACH ~03~'NTOSVN ~~,z;zszi~z~ac ~~ooP~;zz~~rzvE m City of Delray Beach ~ Community ReHevelopment Agency Downtown Development Authority ~ Greater Delray Beach Chamber of Commerce 6~-A SB Fifth Avenue, Delray Beach, FL 331$3 ~ Tei: 551279.1380, ex€ lb a Fax: Sb 1.278.0555 www.DowfitoEVnDelrayBeach.con~ ~ L7 o o O o ° 0 O a ° 0 G o O O o O O 0 0 O o 0 O itf G 0 it ° o O o O O o O n O o a o p o n ° n o o ° a ° a ` ~ ; O ~. Q ~ O N G r O G 4 O~ O a N yy~~ M N ' ~ ~` I` I [A (O M ~ N M O c= 1p h O h O 1A [A ~O ~ O M O ~ m t f M r ~ U1 °° o °o ° G O ° Q ° O °° °o GO °o °n vOT I O O n ° G O d ~ D O O n O O O O O O p O O O O iA I ~ ~ O ~ N ~!i V p ~A O s!'? 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I ~ N E I E ~ ~ i ` ~ N o i i N E I j 3 ~ I I i ~ , ', ~ ~. C o N ~ I ~ I I I I ~ i, La ~ I i I ~ ~ ~ ~ I ~ ~ I j' ~' ' I i I ~ I i ~ I= o i ~ N ! ' I ~ I ! E a m i i ~ ° ~_ ~ ~ ~ ~ m I ~ ~ I N ~ ~ c N ~, '~ i ~ ti c ~ t ~ ~ I ~~ I m ~ In ~ c yµ ~ k : :m ~ a cu ~ ~ € € q m n ~ I H ~ I ~ ~ ~ ~ ~ I ~ T ~ ~ I 1 ~ ~ N a ~ ~ m c~E ~ o' ~ ~ ~ O c ~ ate-. W ~ Q' I c ~ I '~, ~ I O ~ v Q ~ ~ c> m ~ '~. r27 c ', I % ~ ; a~i ~ c j N ~ Gay cd o 'rn `~ ~ y u- c ; ~ ~ c ~ ~ *it ~tf a'f X ~ ' '~, I I m ~ i5' I~ o ~' _~ ds °~ ~~ ~' ~ ~ S = `~ °~ m ~~ '~ '~ ~' Y `a ~ ~ ~, uJal ~ ~i L ~ I I~ E C ~ C' O ~ ~ ~ Z i O. t ~ ~ Ol ~ ~ I 4 C ~ '~ d L '~ }9 N (0 ' m V1 ~ 7 ~ Z ~7 Q ~ N C~ 7 O I ~ R ~ $ N ~ ~ t full ~ ~ S6 ~ ~ 2 ~j Z N F 0 I 0 . j I ¢~ ~~~ w a N ~ © cn c v, cn v ~- m ~ m a ~ ~ m a y B F I ~ MEMORANDUM TO: Mayor and City Commissioners FROM: Robert A. Barcinski, Assistant City Manager THROUGH: David T. Harden, City Manager DATE: November 9, 2009 SUBJECT: AGENDA ITEM 8.L. -REGULAR COMMISSION MEETING OF NOVEMBER 17, 2009 SPECIAL EVENT REQUEST/12TH ANNUAL FIRST NIGHT 2010 ITEM BEFORE COMMISSION City Commission is requested to endorse the 12th Annual First Night 2010 event to be held on December 31, 2009 from 4:00 p.m. to midnight, to grant a temporary use permit per LDR's Section 2.4.6(F) for the use of City rights-of-way and facilities as requested and to authorize staff support as requested. BACKGROUND First Night is a City sponsored non-alcoholic event featuring local artists and entertainers. The event procession will begin this year again at Veterans Park and proceed to the Tennis Center. Children activities again will be focused in and around the Tennis Facilities with the children's finale being held in the stadium. We will also extend activities on Atlantic Avenue to the Library. Button prices for this year's event again will be $10 and $15 on the day of the event 12/31/09 and more activities have been designated as button venues. In addition, this year we are again running a special promotion of $5 per button for a giveaway to elementary school children. I have attached a copy of the event permit, site plan, the approved budget and other required information. Certificates of Insurance are being obtained through Risk Management for the use of the Library, Old School Square and the Court House Parking Garage. The estimated overtime costs for this event are $33,500 and barricades rental costs are $2,000. This is a City sponsored event. Per our event policies and procedures, there are no charges for City services; however, per the budget, First Night will pay the General Fund $12,000 for City Services. Barricade rental will be paid from the First Night budget as well as light towers $3,000 and portalets $2,500. Staff support is requested for traffic control and security, site cleanup and trash removal, barricade set up and removal, signage construction and installation and EMS services. RECOMMENDATION Staff recommends endorsement of the event, approval of the temporary use permit per LDR's Section 2.4.6(F) for use of City rights-of-way and facilities as per the site plan and approve staff support as requested. City of Delray Beach DELRAYBEaCH Special Event Permit Afl-AmericaCiry Application t PLEASE TYPE OR PRINT 1993 2007 Event NamelTitle; First Night 2010 Event Date{s): 12/31f09 Times: 4:00 p.m. -midnight Event Spansoi/Producer: City of Delray Beach Event ContactlCaordinatoi: Name: Robert A. Bareinski Address: 100 NW ls` Avenue Delra Beach FL 33444 Telephone Number: 243-7011 Cellular Number: 704-2780 E-mail Address: Barcinski ci.delra -beach.fl•us Event DescriptianlPurpose: Non alcoholic New Year's Eve Celebration featurin local artists and entertainers children's amen children and adult fireworks• Brief History of Event {If applicable}: This is the 12~~' year for this event. Plan~ied Activities {Outline of activities/number of activities, i.e. entertainment, children's rides, games, other programs); Fireworks displays, entertainment, art exhibits and ro'ects children's amen food vendors. Number of Individuals Served Previous Year (if applicable): 12 000f Describe the targeted population and expected attendance: All ages 12,000 + Describe how the program or project addresses community needs: Provides non alcoholic event for agents and children nat held an where else in South Florida. Describe your Marketing/Protnotions Program (How will you marketlpromote, i.e. TV, radio, posters, flyers, web sites, other): see attached .Will use TV Radio Ma azine News a ers and Internet. Sponsor Category (please cheek} City XNon-Profit/Charitable ~ Private Co-Sponsor _ Non-Pro#'it/Private ^ (1f Norr profit rattrtch proof of SOIc(3), c(4), c(6), C(10), or c(19) or (d) Event Location (Describe area boundaries of eventllocation): Atlantic Avenue, Swinton to Veterans Park. Veterans Park. Old School Sauaz•e, Wai•thina Park, Tennis Center, St 2n~ 4t'' Avenue N st end Ord and 4"' Avenues, Atlantic to alley. Site plan attached; yes X no (Site plrrrr regarired for entire evetrt site. Include locations of tents, stage, portalets, dumpsters, portable lighting, and barricade location if applicable.) Rental of Old School Sgttare: yes X no {If yes, attach proof of approval) Private Property Use: yes no X (If yes, attach letter giving authorization from property owner) Event budget attached: yes~X no (Ret7tcirerl for nll events) Previous year RevenuelExpense summary attached: yes X (Required for all events) Do you have cash sponsors for the event: yes X_ no~ {Indicated on budget) Do you have inkind sponsors for the event: yes~X no (Indicated on budget} (Separate attachment} no U:1w~°datall:irst NightlFirst Night 2010 Special 1~vent Permit Apptieation.doc Serving or selling alcoholic beverages: yes no X (If yes, copy of license artd alcolral liability insurance required two (2) weeks prior to event) Event certificate of insurance attached: yes no NIA City Sponsored Event (Required two (2) weeks priot• to event tranrittg the City as additiattrrl itrsrtred, also required far vendors) Playing of amplified music: yes X no (Waiver regttirerl) Will there be entertainment: yes X_ no (If yes, attached list of Performers aa~d/or DJ's) To be provided. If yes, sponsor agrees all entertainment will be family oriented and contain no obscenities: yes X no Requesting Police assistance: yes X no (traffic controllsecurity} Will supplement with private security: yes X no (If yes, ~teerl plrttt aftaclterl) 2 at Tennis Center, 1 at each of the button venues Requesting Emergency Medical assistance: yes X no Requesting barricade assistance: yes X no (If no, how are you handling?} Requesting trash removallclean up assistance: yes X no (Will be billed to sponsor) Requesting trash boxesleontainers and liners: yes X no Requesting stage use: yes X no (If yes, clieclr type) Large stage (14' x 36'} X Small stage (16' x 21') ^ Half small stage (S' x 21'} ^ Requesting signage: yes X no Type: 4'x4'Eveut sign Parking Signs X_ Banner hangin X Indicate dates required by 12/23 (YYaiver required if more titan Otte (1) week prior to event) Requesting City Portable Generator: yesX no (If yes, size & power) Food and beverage vendors: yes X no If yes, approximate number 1 Vendor Id Booths (tents (Health Department approval required} yes no X U:1w~vdatalFirst NighElFirsl Night 2010 special Event Pem~it Applicatioe~.doc Other vendors: yes X no (Indicate type) 1 Vendor 5 Tents Souvenirs Tents: yes X no If yes, HoW rrrarry What size or size regrrirerl (If yes, teat permits arz~fire irrspectiorrs may be rteerled) (2} 20'x20' {2) 20'x40' {3} 10'x10' (2) 30'x60' Will the event include amusement rides: yes no X (If yes, type arrd locatio~r and copy of liability irrsurartce regrtrre~I, alsa regrrrres state license arrd irtspectiorr.) Will the event be gated: yes X no (Sltaty arr site wrap} Buttons to get into certain venues Will there be a charge for the event: yes X no (If yes, rrtdicate ticket prices) $10 Per Button, $15 an 12131!09 and $5 special elementary school children promotion Will there be f reworks or other pyrotechnics; yes X no (If yes, contact Fire Marshal to obtai~t artrl cor~tplete perfrtit applicatiolr) Will there be cooking with compressed gas: yes no X (If yes, contact Fire Marshal for inspections) Will you be providing port-a-lets for the event; yes X no (If yes, locate orr-site rnap, If rto, irtdreate Irow you will irarrdle restroom rreerls) Is reserved parking requested: yes X no (If yes, r>7dicate locations arrd purpose fa• use) Event Permit Attaclvnents: X Revenue/Expense Budget X Revenue/Expense Recap Last Years Event X Site Plan Letter Requesting Noise Ordinance Waiver _N/A Letter Requesting Waiver Consumption Alcohol Beverages NiA Proof of Non-Profit Status N/A General Liability Insurance Certificate N/A_Aleohol Beverage Liability Certificate Proof of Rental Agreement or Authorization Letter from Private Property Owner ~N/A~Hold Harmless Agreement tJ:lwwdatall'irst Nightli=first Nigh! 2010 Special Event Permit Application.doc Submittal Date Requirements: ® Minor Event 45 days prior to event e Intermediate Event 90 days prior to event ® Major Event 120 days prior to event o Neighborhood Block Party 30 days prior to event Event Contractor/Coordinator Date Please print: Robert A. Barcinski Please enclose the appropriate non-refundable application fee payable to the City of Delray Beach, 100 N.W. ist Avenue, Delray Beach, Florida 33444. 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IIII IIII ...,~~ ~ J 1 "~~ ' ~~. ~ 'ii III ii ~ i;: f r r IG ~ 1.II IIII ~ IIIIII I li ii, ~. ll If / L f E N G,1~~ P 1 1 n ~ ~~ ~~ ~ f .,. ~ I; .,.~ ~, i II ~~ III f ~ IIIIIIII kill ii I ~~ii .Mil ~rv n „~ ~ 'i IIIIII il'i:;l i it 'i„ ~~ i~ ~. i ~i~ '11111', IIII III ~.~ ~i I li III, „IIII IIIIII -. .., III ~~ IIIIII I~'~~ III ii ,. iilllilll i., ~ ~.., ~~ "~ IIII F:, ii ~ iilV. ~' ~. ~ .., i i. L r ,, V i .. ,r '., ~ il~ IIIIII I ~ ~~ ~~~,, 1. I ii~,i t ~ r i ~~ . .. .. ', I ' ~.... I ~.~ '. i ii, IIIIII... / VIII ,~ I , ~/ ', IIIIIIII i ! l II i' i „~ .,, IIII . .. I Ili ` II I '~' ,IIII l~ 1,,,:ii~ii~:. VIII; I., ii i.. fi iii I II 11i i;,, I.. ~i ~~ / f ~~ ,,, i /'~~ iii.. i '~; I i MEMORANDUM TO: Mayor and City Commissioners FROM: Robert A. Barcinski, Assistant City Manager THROUGH: David T. Harden, City Manager DATE: November 5, 2009 SUBJECT: AGENDA ITEM 8.M. -REGULAR COMMISSION MEETING OF NOVEMBER 17, 2009 SPECIAL EVENT REQUEST/HOWARD ALAN 21ST ANNIVERSARY DELRAY BEACH FESTIVAL OF THE ARTS ITEM BEFORE COMMISSION City Commission is requested to endorse the 21st Annual Downtown Delray Beach Festival of the Arts sponsored by Howard Alan Events, Ltd. to be held January 16-17, 2010, from 10:00 a.m. to 5:00 p.m., to grant a temporary use permit per LDR's section 2.4.6(F) for use of City rights-of-way on Atlantic Avenue from the east side of NE 6th Avenue to Bronson and the Gladiola lot (SE 6th Avenue) for vendor parking, to authorize staff support for security and traffic control, barricade assistance, EMS assistance and to permit an event sign to be erected on Atlantic Avenue just east of I-95 fourteen (14) days prior to the event. BACKGROUND Attached are an event permit application, site plan, budget and Certificate of Insurance for this event. Howard Alan Events, Ltd. will be conducting the 21st Annual Downtown Delray Beach Festival of the Arts on January 16th and 17th from 10:00 a.m. to 5:00 p.m. This year again, a portion of the proceeds will be given to the DMC. Mr. Alan is requesting closure of Atlantic Avenue, from just east of NE/SE 6th Avenue east to Bronson. He is also requesting barricading assistance and security and traffic control assistance from the Police Department. Mr. Alan has indicated that he will rent barricades and City staff will install them. I am recommending that we direct vendor parking to the Gladiola lot (NE 6th Avenue). Because of the size of this event, EMS and Inspector services will be required. The estimated overtime cost for City services is $10,295. If security is supplemented at night with private security, these costs can be reduced. Per event polices and procedures, Mr. Alan will pay 100% for these costs, as well as provide for trash removal, clean up and port-a-lets. Signage can be installed fourteen (14) days prior to the event and must be less than 20 square feet. RECOMMENDATION Staff recommends endorsement of the event, granting of the temporary use permit for the street closure and parking lot use as recommended by staff, providing staff assistance for traffic control and security, barricading, EMS assistance and allowing the event sign to be installed fourteen (14) days prior to the event, with all overtime costs to be paid by the vendor. Approval to include use of the Gladiola lot (NE 6th Avenue) for vendor parking, with City staff installing rented barricades. [~ 2 Event Name/Title: 21st Annual Downtown Delray Beach Festival of the Arts Event Date(s): 111612010- 1/17/2010 Event SponsorlProducer: Downtown Marketing Cooperative Event Contact/Coordinator: Howard Alan Events Name: Howard Alan Address: 9695 W. 8roward Blvd Plantation, Fl 33324 _.._ Telephone N~trr-ber; 954.472.3755 Cellular Number: 954-661-8385 E-mail Address: infoC~artfestival.com Event Description/Purpose: Outdoor Art festival Annual, cultural and community gathering opportunity Brie History o Event (1 app ica e This is the 21st ear this festival has been serving this community Y Planned Activities (Outline of activitieslnurnber of activities, i.e, entertainment, children's rides, games, other programs): Varied artists exhibiting and selling their hand-made items Number of lndividttals Served Previous Year (if applicable): 5000 Times: Saturday and Sunday 10AM-SPM Describe the targeted population and expected attendance: expected 5500 local residents are tar eted o ulation. Describe how the program ar project addresses community needs: Providin a free festival with artists ran in in mediums from 'ewer) to scut Lure Acts as a communit cu{total and civic event. Describe your Marketing/Promotions Program (How will you marketJpromate, i.e. TV, radio, posters, flyers, web sites, other): We will advertise in newspapers, online presence, local television stations, word of mouth and flyers Sponsor Category (please check) City ^ Non-ProfitlCharitable €~ Private Co-Sponsor -Non-ProfitfPrivate ^ (If Na~ty~rofrt rtttaclt proof of SOIc(3}, c(4), c(6}, C(10}, or c(19} or (rl} Event Location {Describe area boundaries of eventJlocation}: Starting on E.Atlantic Ave at U.S. Federal Highway (Fast Side) go over intercoastal bridge and ending on Andrews St. Site plan attached: yes X no (Site plats regtdred far entire event site. Include locations of tents, stage, portalcts, dumpsters, portable lighting, and barricade location if applicable.) Rental of Old Sehool Square: yes no x {If yes, attach proof of approval) Private Property Use: yes no X (If yes, attach letter giving authorization from property owner} Event budget attached: yes x no (Regrrirerl for all ever:ts~ Previous year Revenue/Expense summary attached: yes X {Required for all events) Do you have cash sponsors for the event: yes no (Indicated on budget) no x Do you have inkind sponsors for the event: yes X no (Indicated on budget) C:1Documents and setlingslLisilDesktoptSpecial Euent Permit Application 1'[NAL 9,b,07.doe Serving or selling alcoholic beverages: yes no X (If yes, copy of Ir'cense and alcohol liability irisrrrance required t~vo (.2) weeks error to event) Event certificate of insurance attached: yes x no (Regrtired two (2) weelrs prior to event narrring the City as additional irrstrrecl, trlso rerlrrirerl for vendors) Playing of amplif cd music: yes no X (Waiver rerlrrired) Will there be entertainment: yes no X {If yes, attached list of Performers andlor DJ's) If yes, sponsor agrees all entertainment will be family oriented and contain no obscenities: yes no Requesting Police assistance: yes X no (traffic controVsecurity) Will supplement with private seeiirity: yes no x (If yes, need plan attached) Requesting Emergency Medical assistance: yes no X Requesting barricade assistance: yes x no {If no, how are you handling?} Requesting trash removal/clean up assistance: yes no x {Will be billed to sponsor} Req>`~esting trash boxeslcontainers and liners: yes no X Requesting stage use: yes no X (If yes, cfzeck t3~e) Large stage (14' x 36') d Small stage (16' x 21') ^ Half small stage {S' x 21'} o Requesting signage: yes X no Type: 4'x4'Event sign '~ Parking Signs >C Banner hanging Indicate dates required (Waiver required If more than one (1) >iveelt prior to event) Requesting City Portable Generator: yes no X {lf yes, size & power} Food and beverage vendors: yes X no If yes, approximate number ~-~ appiying for permit (Health Department approval required) yes_applyinq now no C:IDocuments aid SettingslLisil~esktoplspeeiaf Gve~~t Permit Application FIIVA[. 9,G.(l7,doc Other vendors; (Indicate type) yes no x Flame retardant canopies yes x no 1f yes, Hoi!v i+nany 300 What size or size required 10' x 10' (If yes, tent permits nail fire inspectior~rs traay be needed) Will the event include amusement rides: yes no x (If yes, Type and location crrtd copy of liability insura~ice reyrtirerl, also requires state license and it:spection.) Will the event be gated: (Show an-site n:ap) yes no x Will there be a charge for the event: yes no x (If yes, indicate ticket prices) Will there be fireworks or other pyrotechnics: yes no x (If yes, contact Fire Mfrrsltal to obtain rind coyttplete permit applicrrtiotr) Will there be cooking with compressed gas: yes (If yes, contact Frre Mars/tal for inspections) no x Will you be providing port-a-lets for the event: yes x na (If yes, locate on-site ifnap. If no, irtrlicate how yorr will handle restroom needs) Is reserved parking requested: yes, (If yes, indicate locations and prtrpose for t~se) no x Event Permit Attachments: x Revenue/Expense Budget x RevenuelExpense Recap Last Years Event x Site Plan Letter Requesting Noise Ordinance Waiver Letter Requesting Waiver Consumption Alcohol Beverages Proof ofNan-Profit Status x General Liability Insurance Certificate Alcohol Beverage Liability Certificate Proof of Rental Agreement or Authorization Letter from Private Property Owner x Hold Harmless Agreement Submittal Date Requirements: • Minor Event 45 days prior to event • Intermediate Event 90 days prior to event • Major Event l20 days prior to event • Neighborhood Block Fatty 30 days prior to event C:1Doci~nients and Settings)[.isili~esi:tvplSpecial Event Permit Appiicalion FiNAt, 9.b.47.doc Contractor/Coordina#or print: H r 1 9128109 Date Please enclose the appropriate non-refundable application fee payable to the City of Delray Beach, 100 N.W. 1st Avenue, Delray Beach, Florida 334~~. Required with permit application. For Staff Use Onl,~ / ~ Date Received ~ •~~/~~ Application fee received $ /~ C:lDoeuments and Settingsll.isilDzsictoplSpccial F.vent Permit Application Fi~tA~. 9,fi,[f7,doc ~c~ ~ ~ I .fH.}.2p~. .F ~n t~ ~ ~ ~ ~~~ '~ .~ ~~ w ~ ~~ ~~ ~ ~ ~ ue , - ~ ~~ ~a ~ H ~ ~ ~ ~~ ~ ' ,,. , , ~~ s ~ ~ a ...,, ~~~~ .N ' ~ ~~-. ~ ~ ~ ~ r stn ~ "'~'~ ~. ~ ~~ ~ ~ .~ ~r.. ~ ~1 y~ ~ ~ ._1~ x,.:11'¢. ~~ `RliW~(_: m ~ ~ ~~ ~Q~ ~ W ~, ~~ ~ ~ x~ ,~ ~~~ Howard Alan Events The 20th Anniversary Downtown Delray Beach Art Festival January 17 & 18, 2009 PROPOSED BUDGET FOR JANUARY 2009 INCOME: Ar#ist Revenue $62,544 i=ood Vendor Revenue $4 100 Total Revenue $66 600 EXPENSES: Advertisin Boca Raton News Ex ease $708.50 Palm Beach Post Ex ense $2,750.00 South Florida News a er Ex ense $715.04 Sun Sentinel Ex ense $10 750A0 WPEC CHANNEi_.12 Ex ense $7,500.00 Sun Sentinel Charities Ad Prn ram Ex ense $2 500.00 Advertisin SubTotal $24,923.50 Services Permit Palm Beach Count Health Ex ense $25.00 Si na e AA Si n Lines Ex ense $840.00 Sanitation Abie Sanitation- artofets Ex ense $800.00 Sanitation - 2 30 d dum stets Waste Mana ement -dum stet Ex ense $954.00 Sanitation Tents 4 Events Ex ense $1 900.00 Barricades NES Ex ense $SS0.00 Cil of Delta , O/T barricade set u Cit Of Delta Beach Ex ense $325.00 Securil Cif Of Delta Beach Ex ense $3 983A0 Rentals Tents ~4 Events Ex ense $1 440.fl0 Li uid Gra hies Ex ense Ex ense $125.00 Pa roll Staff Ex ense $1 500.00 Rents! Pra ert Delta Joint Venture Ex ense $1S D00.00 Lod in sand meals, travel Ex ense $650.00 Media Related Ex enses Ex ense $1 206.00 Two Million Dollar llabilit ins elic Ex ense $650.00 Administrative Overhead tele hone mailin s,ete Ex ense $1 100.00 Service Sub'Fatal $30 966.00 Total Ex enses $55 889.50 Show Profit $10 710.50 Howard Akan Evens The 21 st Annual Downtown Delray Beach Art Fes#ival January 16 & 17, 2010 PROPOSED BUDGET FOR JANUARY 2010 INCOME: Artist Revenue $62,500 Foad Vendor Revenue $4 900 Total Revenue $66 600 EXPENSES: Advertisin Boca Raton News Ex ense $708.50 Paim Beach Posl Ex ense $3 250.04 South Fiorida News a er Ex ense $795.00 Sun Sentinel Ex ense $12 OOOAO WPEC CHANNEL 12 Ex ense $6 000.00 Sun Sentinel Charities Ad Pro ram Ex ense $2 540.00 Advertisin SubTotal $25173.50 Services Permit Palm Beach Count Health Ex ense $25.00 Si na e AA Si n Lines Ex ense $800.00 Sanitation Abie Sanitation- ortolets Ex ense $875.00 Sanitation - 2 30 d dum s#ers Waste Mana ement -dum ster Ex ense $950.00 Sanitation Tents 4 Events Ex ense $2 900.04 Barricades NES Ex ense $550.00 Cit of Deira , OR barricade set u Cit Of Deira Beach Ex ense $325.00 Securit Cit Of l7elra Beaeh Ex ense $3 983.00 Rentals Tents 4 Events Ex ense $1,350.00 Li uid Gra hits Ex ense Ex ense $150.00 Pa roll Staff Ex ense $1 500.00 Rentai Pro ert Deira Joint Venture Ex ense $15,004.00 Lod in sand meals, travei Ex ense $375.00 Media Related Ex enses Ex ense $1 208.00 Two Million Dollar liabilit ins ofic Ex ense $654.00 Administrative Overhead fete hone, maiiin s,etc Ex ense $1 100.00 Service SubTotal $34,841.00 Total Ex enses $56,114.60 Show Profit $10 485.50 ,~COR,~?ta CERTIFICATE 4F LIABILITY INSURANCE 09/2$/2009) PRODUCER '(954)382-4350 FAX (954)382-2810 SETNOR 13YER 1CiVS13RAl~CE & RISK 906 S. Pine Island Road #300 THIS CERTIFICATE ES ISSUED A5 A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER, THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Plantation, FL 33324 INSURI=RS AFFORDING COVERAGE NAIL # INSURED Ho>iYard Alau Events Ltd & American Craft Endeav INSURERA Philadelphia Insura:tce Company 4595 1Yest Bro9rard Blvd INSURER B: Zenith Insurance Company Plantation, 1;1. 33324 1NSURERC: ENSURER 6: INSURER E: C_~1VRRAC,1=fi THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN 155UED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOGUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED 8Y THE POLICIES DESCRIBED HEREIN IS SUB3ECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUGH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR DD' TYPE OF INSURANCE POLICY NUMBER POLECY EFFECTIVE POLECY EXPIRATION LIMRS GENERALLIAB[LITY 3397821 03/05/2009 03/05/2010 EACHOCCURRENCE $ 1 000,000 ~' COMMERC9ALGENERALLIABILITY DAMAGE TO RENTED $ 100 000 CLAII'!i5 MADE ~ OCCUR MED EXP (Anyone person) $ 0 A PERSONALBADVINJURY s 1 000 000 GENERAL AGGREGATE $ 3,004 000 GE:N'LAGGREGATELYdifTAPPL3ESPER: PRODUCTS-COMPIOPAGG $ 3,000 OOO POLICY PRO- JECT 'K LOC AUTOMOBILE LIABILITY 3397821 03/05/2009 03/05/2010 C01.981NEDSINGLELIMfT ANY AUTO (EaacGdenq $ 1,OOfl OOa ALLOWNEOAUTOS BODILY INJURY $ A SCHEDULED AUTOS (Per person) X HIRED AUTOS eODILYINJURY X NON-OWNED AUTOS (PeraccldenE) $ PROPERTYOAA9AGE (Per accident) $ GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESSAIMBRELLALIABILITY 3440395 03/05/2009 03/05/2010 EACH OCCURRENCE s 2 000 000 X OCCUR ~ ClAIMS MADE AGGREGATE $ 2 OOO 000 A $ 0 DEDUCTIBLE $ X RETENTION $ 10, OO $ WORKERS COMPENSATION AND 2069065602 05/01/2009 65/01/2010 X WCSTATU- OTH- B EMPLOYERS' LfABfLnY ANY PROPRIETORlPARTNERlEXECUTNE E.L. EACH ACCIDENT $ 1 OOO 000 OFFICERIMEMBEREXCLUDED7 E.L. DISEASE-EA EMPLOYE $ 1 OOO OOO SPECIAL PROV~IONS below E.L. DISEASE -POUGYLIMff $ 1 OOO OOO OTHER DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS lanket additional insured for oti4'ncrs, lessors of premises, lessors of leased equiprneut, sponsors and o-promoters pertaining to general liauility per form PI-AS-1010 (04/2004). E: 21st Auifual Delray Beach Testivalof tlTC Arts--1/16&17//2010 1LC foregoiy~g statement applys to City of Delray Beach. CERTiF1C:l~TE Hnl_t]FR C4i+lCELL4TIC}N SHOULD ANY OF THE ABOVE DESCRIBED POEICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, TH£ ISSUIHG INSURER 1YILL ENDEAVOR TO MAIL 1O DAYS VlRITTEN NOTfCE TO THE CERTIPECATE HOLDER NAMED TO TI{E LEFT, CITY OF DELRAY BUT FAILURE TO MAIL SUCH NOTfCE SHALL IMPOSE NO OBLEGATION OR LIABILITY 100 ~~' 1~ 1' AVEi~UE OF ANY KIND UPON THE INSURER, RS AGENTS OR REPRESENTATNES. DELRAY BEACH, FL 33444 AUTHORIZED REPRESENTATNE {~T~• U Cher '1 -i'~•anik/CLB ACORD 25 {2001/08} ©ACORD CORPORATION 1988 PDF created with FinePrint odf~actorv Pro trial version www.pdffactorv.com IMPORTANT If the certificate holder is an ADI]I710NAL INSURED, the policy(ies} must be endorsed. A statement on this certificate does not confer rights to the certlfica#e holder in lieu of such endorsements}. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on ibis certificate does not confer rights to the certificate holder in lieu of such endorsement(s). ©ISCLAIMER ~'he Certificate of Insurance on the reverse side of Phis form does not constiEute a contract between the Issuing insurer(s), authorized representative or producer, and tl~e certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. aco>ao 2s (2oo~roE;} PDF created with FinePrint tad#Factorv Pro trial version www.gdffactorv.com MEMORANDUM TO: Mayor and City Commissioners FROM: Robert A. Barcinski, Assistant City Manager THROUGH: David T. Harden, City Manager DATE: November 4, 2009 SUBJECT: AGENDA ITEM 8.N. -REGULAR COMMISSION MEETING OF NOVEMBER 17, 2009 SPECIAL EVENT REQUEST/ART AND JAZZ ON THE AVENUE ITEM BEFORE COMMISSION City Commission is requested to endorse the next Art & Jazz on the Avenue scheduled for January 28, 2010 from 6:00 p.m. to 10:00 p.m., to grant a temporary use permit per LDR Section 2.4.6(F) for the closure of Atlantic Avenue from Swinton to the west side of NE/SE 7th Avenue, Railroad Avenue from Atlantic north to north side of the east/west alley, and to the alleys north and south of Atlantic on NE/SE 1st Avenue, NE/SE 2nd Avenue, SE 3rd Avenue, NE/SE 4th Avenue, and SW 5th Avenue from SW 1st Street about i/z block north; and to authorize staff support for security and traffic control, EMS Assistance, banner hanging and removal, barricade set up and removal, trash removal and clean up. BACKGROUND Attached are the special event permit request, site plan for this event, budget and Hold Harmless Agreement. The estimate of overtime costs for this event is $7,500. Cost for the barricade rental is estimated at $335. Based on the event agreement, the Downtown Marketing Cooperative is to pay the City 35% for all costs over $1,000 plus the full cost of barricade rental for an estimated charge of $2,610. At this Art and Jazz, the GOL Restaurant is sponsoring a wine tasting at various locations on the Avenue. The price is $50 per ticket and is open to the public. RECOMMENDATION Staff recommends endorsement of the event, approval of the temporary use permit and street closure, staff support as stated above, including barricades with payment of costs to the City per the agreement between the City and the Downtown Marking Cooperative contingent on the receipt of an updated Certificate of Liability Insurance. Event Event Date(s); a®j®~ y~"'~o Event Sponsor/Produces; City of Delray Beac11 Special Event Permit ApplicaCion PY,EASE TYPE OR PRINT ~'- l~-pn'~. Wry ~ ~~'~~ Event ContactlCoordlnator: ~ E^ ~` ~ ~ ~~ ~ ~7~~fi °°~ ~GCI~ t2 l Name: Address: Telepltoue Number: Eanail Address; Brief History of Event (If applicable):t1~~Y11~ti~liL 1~~ ~,,~ V> Planned Activities (Outline of activiti :~~1 Number of Individuals Served Previous Year (if applicable); ~c~, (©l~,l~t,X~ Describe your Marketing/Pro3notions,~~Pro r m (H v ti ill you iio, po~siersl flygrs~web sitesia;lie~: ~. _....,,.... , A . . l.e. ~, Sponsor Category (please check) City nNan-Profit/Charitable n Private ^ Co-Sponsor -Non-Profit/Private ^ (If1Yan ~roftf atttrchXu•oaf of SOIc(3}, c(d), c(6), C(10), or c(X9) ot• (rl) E rt Locatiors {Describe area boundari s of event/location): ~~. Yl(1Q Site plan attached: yes__ .~, no (Site~Xart retXa~lretl for e~tth•c event site. Include locations of tents, stage, portabts, dumpsters, portable lighting, and bat•ricade location if applicable,) Rental of Old School Square; yes no~. (If yes, attach proof of approval) ~~( Private Property Use; yes no / ' (If yes, attach letter giving authorization from property owner) Event budget attached; yes.__..~___ no (lte~frrlred for' all everrfs) x Previous year Revenue/EYpense summary attached: yes__.~/ (Required for all events} Do you have cash sponsors far the event; yes~~ no. {Indicated on budget) x Do you have inkind sponsors for the event; yes__,~r no (Indicated on budget) C:\DocumeMs and SetUngs~L.isi\DesktopiSpecial Event Penult Application PiNAI.9.6.07,doc n0 0 ~.to~~~ ~'-~-~ ervin r selling alcoholic beverages: yes~_ no (1f yes, COJ]y Of ItC67tSe rr]irI IrICOftDI r~rrUlHty i/1SrrlYrJrCe r•egrrzr•erl frvo (~) sc~eelcs~l'rol• to event) ,Lo~~~v~y ? . Event certificate of insurance attached: yes ~ no (Kerjrrired two (2) rveelts prior' fo event rtanrr'rrg the City as additional i»srrred, also reltrh'ed for' t~ettrlor•s) Playing of amplified music: yes ~ no (1i~'aiver r•er~erir'erf) Will there be entertainment: yes_-~ no (If yes, attached list of Performers and/or DJ's) If yes, sponsor agrees all entertainment tivill l~e~'amily oriented and contain na oUscenities; yes ,~ no, Requesting Police assistance: yesw_~~ no (traffic control/security) Will supplement with private security: yes no (If yes, rreerl plan attached) Requesting Emergency Medical assistance: yes~_~' ` _ no Requesting barricade assistance: yes--y~, no (If no, how are you handlirtg7} Requesting trash removaUclean up assistance: ~res__~~ no (Will be billed to sponsor} Requesting trash boxesicoritainersend liners: yes_~, no Requesting stage use: yes, no,_ (.Cf yes, clieclr Type) Large stage (14' ~ 3G') o Sms~ll singe (16' x 21') ^ 1-Tsrlf'srnall stage (8' x 21') ~ Requesting signage; yes no•M Type: 4'x4'Event sign Parking Signs T3anuer (ranging 'C Iyulicate dates required {FYrrh~er' r'egrrirerl if rrrat•e than one (1) rveelr prior to event) ,~~~ ,pn~ ~V~ ~-' Requesting City Portable Generator: yes not t~` (If yes, size & power) rood and beverage vendors: Tf yes, approxiurate number (Health Department approval required) yes no-~ yes no. C:\Dacuments and SetiingslLisi\besktoplSpecial E~•en[ Permit Application FINAL 9.6A7.doc Other vendors: yes ~ na (Indicate type) ~., ~~ p (.OJ~I ~'"7~' U ~, ~~, Q, .% ~'~ his ~t~Ct trrkl- ~`~A'~2.~.P., C~l G-VS,I •e-C`-x•'I Tents; yes~__ no if yes, ~l"o3t~ trurrry IYIr«t size a' size regrrirerl (Xf yes, tent per•nrr"ts rrrrrl fire irrspectiarts may be rreederl} Will the event include amusement rides: yes no_~,~ (If yes, type «rrrl location acrd copy of liability irrsru•rrrrce regrrirerl, «lso r'er~uires st«te license and inspection,) Will the event be gated: (Show ou~site nr«~~} yes no~ Will there be a chat•ge far the event; yes`_~~~ no•._. t~_ C9' a If yes indic«te ticket prices ~~~ 'l'J ~ ~. C[~-~' 1A51Y~+ ~"~'1"~ ~ (.-. +~i~>`l~tN~is'1~~ Will there be fireworks or other pyt•otechnics yes no~-~~ (If yes, coat«ct Fire l1~rn'sh«l fo obtain arrrl corrrplete permit «pplicatiort) Will (here be cooking with compressed gas; yes __ no~____, (If yes, carrtact X{'ire tl~rrrslral for irrspectlorrs) Will you be providing port-a-lets for the event: yes_~ na (lf yes, Xocrrte orr-site m«p, If no, indic«te how you will hrurdle r•estroorrr creeds) Is reserved parking regaested; yes no,~,__.__._ (If yes, irrrlicate locations «rrd prrtpose for rrse) Event Permit Attachments: Revenue/Expense Budget Revenue/E~pense Recap Last Years Event Site Plan Letter Requesting Noise Ordinance Waiver Letter Requesting Waiver Cortstrmption Alcohol Beverages Proof ofNon-Profit Status General Liability Insurance Certificate Alcohol Beverage Liability Certificate Proof of Rental Agreement ar Authorization Letter from Private Property Owner Hold Harmless Agreement Submittal Date Requirements: • Minor Event 4S days prior to event • Intermediate Event 90 days prior to event • Major Event 120 days prior to event • Neighborhood Block Patty 30 days prier to event C:tDocuments and Setf6igsU.isilDesktop\Special Event Permit Application rINAi. 9.6.07.doc Event Contractor/Co dire Date Please priut:~, Please enclose the appropriate non-refundable application fee payable #o the City of Delray Beach, 100 N.W. 1St Avenue, Delray Beach, l±lorida 33#44. 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', i li. i4 i ~~ . , ~Tanuary 28.32, 200 Defray Beac~t, ,~"CaricCa 9o vii®f~s~ Par~~c~~ant - Provided 6` x 2'/s' Vineyard display table for tastings and to showcase your wine at the scheduled events stated. Allow Residents and Tourists an opportunity to experience the taste of Latin American wine- done exclusively for the first time in South Florida) 1 ~®„~ V I I~~s~S~ S~ii~S®Y (Receive the above with the tollowing~ - MAJOR PLACEMENT in DEDICATED FUtL PAGE Ad space for VINOfest to secure REGIONAL & NATIONAL FOOD & WINE MAGAZINES - $100,000 budget far two months advertising -sponsorship by the Palm Beach T'our)st Development Gounctl --Grant Award ~ Pending review ~ allocation - MAJOR PLACEMENT in local publications (min 4 pages) -Value $24,000 - Website ad space & link to vineyard's webpage -Value $21,000 - FULL PAGE Program ad space -Value - $2,500 - Banner display at all events - Value - $2,000 - 8 tickets to all events WValue - $2,500 - b' x 2'/2' Display Tables (provided by the VlNOfesf partner - C1fy of Delray Beach) during the wine tasting event on Thursday night -Value - $10,000 - Vineyard participation -Saturday Afternoon Wine Appreciation Classes -Value $2,000 - Exclusive Private Networking Event with Florida Restaurant Association Members, and Restaurant Owners/ Sommeliers - FuH table at Co-op Dinner (8 seats) -Value $5,000 - Participate in Charity Wine Auction -ail proceeds from Wine Auction provided to a pre- selected local Palm Beach County National Charity with local services -Value $10,000. All exhibition space needed for set-up at every event is provided to all fully paid sponsors. TOTAI, VALUE OFFERED: $175,000 If paid by September 1St • $10,000 If paid after September 1St - $14,000 Courtesy of SOSE Food & Wine Festival ,~anuary z8-3z, zolo Defray Beac`t, ,~='Corida ~' OPEN T®THE PUBLIC {Tickets Recfiuired} - $x0.00 per person ~ 6:00 to 14;00 p.m. Atlantic Avenue, Delray Beach- Wine Tasting. Selected Wine Tasting with Hors d'oeuvres to be presented in Exhibition format with 6' tables along Atlantic Avenue in Deira By eachi The City of Delay Beach has agreed to close Atlantic Avenue in honor of this event. Each vineyard to partner with iocai or regional restaurants that are participating sponsars in this event, CLOSE®TO THE GENERAL pUBLiC« BY INViTAT1ON ®NLY - 12:30 - 3:00 p.m. GOL! The Taste of Brazli, Delray Beach w EXCLUSIVE RESTAURANT ~ COGLECT4R NE1`WC3RKINf~ EVENT--Wine tasting in closed event with restaurant owners/sommeliers from all over Fiortda and the Southeast, ALL PARTiCIPATiNG ViNEYARDS to present their wines to members of this exclusive public! ~t:~ ? h F 1Y ~ ~~ 4r ~ j OPEN TO THE PUBLIC - $96.00 per person -Evening, k ~~ t Multiple Locations - Co-op Dinner with various local ' participating restaurants & Sponsorship Vineyards who will she ~~ 1coi~rfesyofThesun.co.uk wines with pre-planned meals associated with each restauranrs cnerf Ticket cost includes dinner and wine pairings with at least 3 different wine selections. T OPEN TO TWE PUBLIC - $25.00 per parson - 1:00«3:00 p.m. Marriott Hotel, Delray Beach- Affernoon Wine Appreciation Class -Each Vineyard will have an opportunity to educate the consuming public about their wines and food pairings in this educational event4 Ticket cost includes wine for classes. OPEN TO THE PUBLIC - $75.00 per person -- 6:00. 9:00 p.m. Marriott Hotel, Delray Beach -Latin American VtNOfest Charity Auction -Guests will bid on silent auction items while enjoying Hors d'oeuvres, cocktails, and live music! Ali proceeds from the auction to benefit the charity partner. 'Anllcipatfng 60.400 in attendance on iho Avenue {source-Delray Downtown Markef Cooperative) y~ g ~ ~ o o o 0 ° o 0 a ° n 0 0 ° o ~ ° r t o o ~ 0 o ° 0 0 ° ° ~ ° 0 o 0 o o v~ ~ $ ° d o " ° n 0 o o ~~ Ire a p, Q O O~N I 11 ? heN - f r D tl Mt Ds o ~- m I ° dam-, it (> ~ N ~- M N ~ ~ d " I f) h 4T C p ~' r ., .. a[(1 W o o o b o G a C o O o a o ~ 0 ~ 4 °0 °0 ' °000 i d' 00 °o °o ~ I °o M~ ~ ~ o O °o ~ c °a c" m pl 'Y M 'r Q ~ A N N b C r ~ ~ N V 0 r 0 ~ r NlV ~ r ~ o ~ ~ I ~ I G . O„ - d„ 1 I , ~` ~ N c - t - t A e - r l + 1 ~ ( j _. l ~ ~ i ~ ~ Z °~ ~ ~ S N ro ro m ~ E c F m v ti ~ F- N .~, w C m i ~ '0 g ~ w °~ ? ~ ~ ~ $ ~ ~~ ~ ~ ~ ~ ' ' ~ ~ m ~ ~ i ~ $ r ~ ~ ~ ~ ~ .er `~ U cn a a t- m ~ ti r N tr u l t~ a c1 . ... ~ _. ~, .-. ~ O ~ M C O M r 'd 00 ~A O O O ~ ~ N ~ f0 '~i IA V ~,+ O v) O ^ ~1,, O O O M O Q o o v w p m 7 O ~ - 5 m T ~~ ~ F O C> O n O O pp C1 O O O 0 pp tl c ~ . LLI ~~JJ { 3-~ O p 0 pn V~ ~ pppp M ~ O ~ ~ Vn} O pp V? ~ cg ~ r r p ^ iPi o S`3 s+~' 0 ~ .p N ~ . p d ~ .~ h N e°' fs i~ ~-' o r ~ ~ N ~ ~ ~ m p ~- r r r r e+ N r W Q ~-+ ' ~ _ ~ ~ ~ pp ~.. o a a ~ Y ~ + ~ ~ _ h ~ ~ ~ Y ~ 1 o 'f ~ e~ ~ ` {~ oo V o ~~~ M ~ ~ ~ ~ d1 j ~ Q F- ^ O O vi' O o r "~' 0 tv 0 ~ 0 V' ~ 'n N ~ ' d f- ^ o (p 01 W t C ~ t.. I iV r I F.. r r r r ,,, , ~ F O O OQ `+~ O O Q O t A h d ~ ~ lP ~~~ yV 4 °° o ` ~ a N ~+ ' ~h, v c~ rj Nn o t(~ ~ 4 ~ ~ ~ ~ - 00 ~ ~ O pp~~ N M ~ 7QA ~ p ~A O N tl t~~?J ` (y tom{ r. f0 r ~ ' e' W M O M Y d 4 o ~ r. h tcc~r~~ ' vo~ ~ HMV ~` cp ~ ,° r c°0 ~ ~ t~ v ~ I i qO ~ r 7 M : r` M o IV . `_ t9 ~ _ _ .r M O ~ c A r cpp ~M tom ~ M o ~ M ~ o ~ ~ ~ r V V M r "' ~.j i`I p p N r ~ ~ ~ . - i ~ _ 4 4 ed- M ~ M chcr~ p ~'~" ~ O O ''M' a . ~ V 1 a ~ ~ ~ , b r ~ p°p oa r . °o °ao ~ ~ ~ ~ ~ rn~ {m t" vF 3 ~ u' ~ Fd c~ , i ~ r ~ ~ N ~ t( th ~O cD C Y O 0 O `d ' 04 W~ 7 ~~,,, . ~. ,5 ~ . { ~ ' M cV M N M r t0 ~ ~ ; ~ M 0. N i w ~ ~ I G ~ ~ ~ dS ~ ( 11 ~ m E y ~, c ~ , o~ ~ ~ ~ w z ~ ~ Q ~ c ~ ~ " fi m H y rnl ~ c ~ ' ° G a~ Y ~ w ~ f' c ~ n . " ~ u a ~O m a ~ 1 N z ' v ~ ~ P ~ ~ ~ }~ ~ ~ 8 ~ otl rn > a F ~ ' g am n uI = ~ `~ s ~ ~a a w a ~ ~ o y .o Q;t y - U ~ c m o~ ~ 0 o N 0 ~ a v v w o e 9 ~ c . ~ ~~ _ F o ~ . ~ ~ ~ ~ ~ ~ 9a i~- ~ a ~~ hU '~ ~ ~ .~ n ll dr : ~ O t - ~~ ? c ~ nc o ~u, ~ ci x 0 N ~ Qa ~ V w c 0a m f7 ~ Q :t l 1 (? V i a t ^ December 30, 2009 Mr. Miguel A. Espinosa, Jr. Fax: 561 689 8127 RE: PORT-O-LPT5 -ART ANb JAZZ ON THE AVENUE Dear Miguel: The Downtown Marketing Cooperative in Delray Seach would like to place an order for a total of four port~a-lets for Thursday, January 28, 2010 for Art & Jazz on the Avenue. I he taut port-o-leis are to be placed rn the roiiowing locations; rwa regular port-a-lets at Worthing Park at SE 2~~ Avenue across from the Veteran's of Foreign War building and two port~a-lets near SunTrusfi, one regular and one handicapped. Our contact person far Art & Jazz is Sarah Martin (c) 954 654 0324. Please call her at the time of delivery far placement of the above units. If you are unable to reach her please call Marjorie Ferrer (c) 561 271 3168. The hours for Art & Jazz are from 6:00 p.m. to 10:00 p.m. The streets are closed by 4:00 p.m. on that day, sa please make delivery before that time. Should you need the port-a-lets far early use the next morning, you can pick tham up anytime that night after 11:00 p.m. The port-o-lets will need to be removed by Frlday morning as requested by the City. Please confirm in writing that you will be able to accommodate us per the above order. Invoices should be made out the Downtown Marketing Cooperative at the address listed below. !f you need any additional information please call us. i cerel `~~ V MARJOR(E FERRER Executive Director cc: Sarah Markin Eileen List /sk DF,I.RAY I~RACH D01YidTOIVN N~ARKGTING COOPRRATIVF. ° City of Delray beach ° Comtnunity Redevelopment Agency ° Dawnto~vn Development Authority ° Greeter Delray Beach Chamber of Co-t~merce bit-A SE Fifth Avenue, Delray Beach, FL 33183 ° Tel: 561.279.1380, ext Ib ° Fas: 56 r .278.0555 ~vwtiv.Do~vntownDelrayBeach.con~ ~~~ ~!~ December 30, 2009 ~;~.~ ~~, Mr. Robert A. Barcinski City of Delray Beach 100 N.W. 1S' Avenue Delray Beach, FL 33444 RE: WAIVER -NOISE ORDINANCE AND ALCOHOL WAIVER ART & JAZZ ON THE AVENUE pear Mr. Barcinski: The Downtown Marketing Cooperative is requesting a waiver for the following items for the Art & Jazz/Latin Wine Festival/Super Bowl being held on Thursday, January 28, 2010 from the hours of 6;00 to 10:00 p.m. (1) Waiver of amplified music, per Chapter 99 (C) of the City Code of Ordinances, Section 99.30. (2} Waiver of alcoholic beverages on public property per City Code 113.02(b) with the condition that only plastic and paper cups are used for beverages, not glass nr bottles. The event will cover the areas of Atlantic Avenue North and South to the alleyways from NW/SW 5t~ Avenue to Intracoastal Waterway; alleyway between NE 2"d Avenue and Railroad Way and NE 2nd Avenue from Atlantic Avenue to NE 4°i Street. Thank you for your consideration of this request. Sincerely, V~ MARJORIE FERRER /sk cc: David T. Harden DEt.RAY BEACH 1Da«'N"I'01!'N ItiIARICE'rING C`OOPEfCtTtVE a City of Delray Beach a Canmiunity Redevelopment Agency Downtown Development Authority s Greater Delray Beach Chamber of Commerce Ei4-A SB Fiftlt Avenue, Delray Beach, FL 33483 n Tel: 561.279.1380, ext 16 s Fax: 56 3.278.0555 www.DowntownDel rayBeach.com December 30, 2009 Mr, David Maddtlx, Director Operations Florida East Coast Railway 7411 Fullerton Street; Suite 300 Jacksonville, FL 32256 Dear Mr, Maddux: The Downtown Marketing Cooperative will hold Art & Jazz on the Avenue in the City of Delray Beach on Thursday, January 28, 2010. This event will cover the areas of Atlantic Avenue North and South to the alleyways from NW/SW 5~" Avenue to Intracoastal Waterway; alleyway between NE 2"`' Avenue and Railroad Way, The street will be closed from 5:00 p.m. to midnight To ensure the safety of the public we are requesting that during this event the Florida Past Coast Railway Company agree to slow down the train speed to 30 MPH over the Atlantic Avenue crossinct from 6:00 p.m. to rnidniPub. Since you can no longer provide a representative from your Police & Special Services DepartlY~ent to be stationed at the railroad tracks, we are alerting our Police Department to station an officer at that crossing. We are also passing on the emergency number you gave us (800-342~1131~0), If there is a problem. We would appreciate a confirmation of the above request to slow down the trains during this event, Please reply to Marjorie Ferrer, Executive Director, 64 S.E. 5P" Avenue, Delray Eeach, FL 33483. As always, we appreciate your cooperation. Sincerely, ~~ V MARJORIE FERRER cc: Robert A, Earcinski DELRAI BEACH DO~VNTOIYN PO~ARKETING COOPERATIVE ° City of Delray Bench ° Conununity Itedevelopznent Agency ° Do~vnto~vn Development Authority ° GrenterDeh'ay Beach ChaPnber of C'on~rnerce 64-A SE Fifth Avenue, Delray Bench, FI, 33483 ° Tal: 561.279.1380, ext 16 ° Fax: 561.278.()555 ~v~vw.Downto~vnDeirayBeach.com OP ID EA AC~R~ G 1'IICAT' OF l.,I,A IL.,IT'Y ~~l~IJRAIUC nowNT-a DATE(hIMIODlYYYY) 01/15/09 PRODUCER THIS CERTIFICATE [S ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE The Plastridge Ageney, Tnc . 6th Avenues 820 N E HOLDER. T}II5 CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THa~ POLICIES BELOW. . . Delray Beach &'L 33483 Phone:561-276-5221 Plax:561-276-5244 INSURERS AFFORDING COVERAGE NAIC# T INSURED INSURERlI Penn America Ins . Co . Delray Beach Downtown Mktg INSURER B; Cooperative;DDA,CRA,Chamber of of Delray Beach Commerce Ca t INSURER C: . y n3348 eac AFI be ray ~ INSURER D: 3 h l B , INSURER E: CnVRRAGPS THE POLICIES OF INSURANCE USTEO BELOW HAVE BEEN ISSUEO TO THE INSURED NNt1E0 ApOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING TER7A OR COND1'LION OF ANY CONTRACT OR OTHER OOCUPdENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY pE ISSUED OR ANY REQUIREA9ENT , lAAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES ^ESCRIBEO HEREIN IS SUBJECTTO ALL THE TERMS, EXCLUSIONS AND CONOITtONS OF SUCH POLICfE3. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. FF IIN.TR NSR TYPE OF INSURANCE POLICY NUMBi;R pA E kyM/pDlY) D TE (Mb91DDlYY} LIMITS GENERALLIAHILITY EACHOCCURRHNCE $ 1000000 A X X COh9MERCIALOENERALLLABILITY TBD 01/23/09 01/23/10 PREMISES S aoccurance $ 50000 CLAIMSlAADE a OCCUR M;=DEXP(Anyonepetson} $ 5000 PERSONALSADVINJURY 31000000 GENERALAOOREGATE 5 2000000 ~~ GEN'LAGOREGATELIMITAPPLIESPER; PRODUCTS-COMP/OP AGO $1000000~ X POLICY PRO- LOC JECT AUT OMOBILE LIABILITY COPABINED SINGLE LIMIT $ ANY AUTO (Ea acckienl) _~_..__ _._ ALL OWNED AUTOS pU01LY INJURY $ SCNEDULEO AUTOS (Per Parson} HIRED AUTOS pODILY INJURY $ NON•OWNEDAUTOS (Per accident) PROPERTY DAMAGE 5 (Par acckfenl} GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO Ol'HER THAN EA ACC $ ~~ _ AUTO ONLY: AGG $ EXGESSNMeRELLA LIABILITY EACH OCCURRENCE $ UCCUR ~ CLAIMS hfADE AGGREGATE 5 DEDUCTIBLE $ RETENTION $ I $ WORKERS COMPENSATION AND TORY LIP.9ITS ER EMPLOYERS' LIABILITY E,L. EACH ACCIDENT 3 - ---- ANY PROPRIETORIPARTNEI2tEXECUTNE OFFICER/MEMBER EXCLUOEUI E.L DISEASE • EA Eh9PL0YEF. - $ If yes, d©scnbe under SPECIAL PROVISIONS beiav E.L DISEASE • POLICY LIhfIT $ OTHER DESCRIPTION OF OPERATIONS 1 LOCATIONS t VEHICLES /EXCLUSIONS ADDED BY ENOORSEMEP17/SPECIAL PROVISIONS Special Dvents _ 6 Art & Jazz on the Avenue, one Fashion Show, one Pineapple Grove Bed Race, one PPirst Night, one Kids Day at the Tree, one Tree Liglxting C:FRTIFIC:ATE HOf_IIER CANCELLATION CITXD-1 SHOULD ANY OF THE ABOVEDESCR96EOPOLICIF.SpECANCELLEDBEFORETHEEXPIRATiOA DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 3O DAYS YJRITTEN NOTICE TO THE CERTIFICATE HOLOEft NAM19ED TO THE LEFT, pUT FAILURE TO DO SO SHALL City o~ Delray Beach IhIPOSi:NOOBLI0AT10NORLlABILITYOFANYHINDUPONTHEINSURER,ITSAGENTSOR 100 N . W . 1st Avenue REPRESENTATIVES. Delray Beach L'L 33444 AUTHORI'LEDREPRESENTATiVE , !1/YI / ~ wnnor. nr rnnna,nm ~' ' ~ -OACORDCORPORATtON 1988 ~PECfAL EVENT f-IOL.D HAR11~l~ESS AGREEfV1>=N7' The Delray Beach Downtown Marketing Cooperative {comprised u~f the Community Redevelopment Agency,. Downtown Develo~ilrent A~rtt)nrita, Chamber of Commerce and the City of Delray Baach) agre~;~s to'~indemnify, hold harmless and defend the City of Delray Beach, its agents and employees from all suits, actions and claims including attorney's fees and casts attendant to any claim, litigation, administrative proceeding, appeal and judgment of every name and description brought against the City as a result of loss, damage or injury to person or property arising from and in exchange for the Delray Beach Downtown Marketing Cooperative use of City i=acilities or property for the special avant of R ~ ~~ oa t/~ lA~~~~~~"r'~~~l,svP~~~?owc. and hereby raieast;s fha City of Delray Beaci~, -ts agents and errr ioyees from all .suits, actions and claims including att`orney's fens and crosfiu ;:rttcr7dant to any claim, iitigation, adrrlinistrative: pract~edings, ~tl7pe~~1 and judcmet~t of every Hama and desa~iptian brought against tl°,o City ~(s a rr~sult of lass, damacle or injury to parson or property arising from the special event of ~ ~~ ~~mN~v~ ~,ga~,d tti_y_~r,~Fy~,#~~ * This indemnification a.nd Hold Harmless and Defend Agreement is onlylto the extent of insurance maintained by the Delray Beach Downtown Marketing Cooperative a5 covered tinder Perm American I-isurance Company policy number PACE"162705. __ . eel Michael Listick, Chairman, Dovc:ioprnent Authority Howard Lewis, Chairman, Community Redevelopment Agency William J. Woord, President, Chamber o Commerce /t--~r~-z-~-t3ll 3--~-~' {rte • ~ i ~i~' ~ . Robert A. Barciri~ki, Assistant City Manager,~City of Delray~Beach Revised 7/26109 DTI.RAY J3LACII DO1~'NT0~4'N lYAARKF,TING ~OOPERe~TIVT; ® City of Delray Beach e Community Redevelopment Agency a Dotvnto~vn Development Authority a Greater Delray Beach Chamber of Commerce 64-A SE Fifth Avenue, Delrny Beach, FL ~33~r83 a'Ce4: 561.279.13$0, eat 16 ~ Fax: 56!.278.0555 www.DowntownDel4•ayBeach.com MEMORANDUM TO: Mayor and City Commissioners FROM: Robert A. Barcinski, Assistant City Manager THROUGH: David T. Harden, City Manager DATE: November 9, 2009 SUBJECT: AGENDA ITEM 8.0. -REGULAR COMMISSION MEETING OF NOVEMBER 17, 2009 SPECIAL EVENT REQUEST/11TH ANNUAL GARLIC FESTIVAL ITEM BEFORE COMMISSION City Commission is requested to endorse the 11th Annual Garlic Festival to be held on February 12 through 14, 2010, to grant a temporary use permit per LDR Section 2.4.6(F) for use of City rights-of- way to include NE 1st Avenue from Atlantic to the grass area at Old School Square, Swinton Avenue from Atlantic to NE 1st Street and Old School Square Park, from 6:00 a.m., February 11 through midnight, February 14, 2009 and use of the Old School Square Parking Garage, CRA parking lots in block 60, the City Attorney lot and the County Parking Garage and Library lots for event parking. The City is also being requested to supply staff support for traffic control and security, EMS assistance, barricading, banner hanging, signage preparation and installation, site clean up and trash removal and waiver of the two (2) hour parking limit in the downtown area during the event. BACKGROUND Attached are letters, event permit, budget, site plan, and additional information on event benefactors received from Nancy Stewart, Executive Directory of Delray Beach Arts, Inc., requesting City Commission to endorse the 11th Annual Garlic Festival, to use City rights-of-way, to place event signage and banners and to provide staff support for security, barricading, clean up, banner hanging and other assistance including parking as outlined in the permit. The event sponsor will be responsible for liability insurance, event management and set up. The overtime cost for this event is approximately $21,800, signage costs $250, barricades $250 and trash boxes $875, for a total estimate of $23,175. Based the Special Events Policies and Procedures the event sponsor would be required to pay approximately $16,975. Costs may be reduced pending discussions on the utilization of private security and contract labor for clean up. Proceeds from the event will again be shared with volunteer organizations. This past year approximately $31,400 was given to volunteer organizations. The event sponsor will need to make a request direct to the CRA for use of their lots in block 60 and per our agreement with the Library, we cannot grant use of the Library lot. Our agreement only allows 11 days a year use and they are reserved for tennis tournaments. We will also have to obtain permission for use of the County Courthouse Garage. All paid garage lots will be manned by the Police Explorer Scouts with proceeds split between the City and the Scouts. All other lots will be manned by the City's parking contactor. RECOMMENDATION Staff recommends endorsement of the event, granting the temporary use permit, approval of staff assistance as requested and waiver of the two (2) hour parking limit downtown with the following conditions: . Receipt of event Certification of Liability Insurance no later than fourteen (14) days prior to the event. . Receipt of Certificate of Liquor Liability Insurance no later than fourteen (14) days prior to the event. . Liquor cannot be served prior to noon on Sunday. . Event sponsor be required to provide on-site dumpster service for vendors. . Event sponsor be required to provide grease disposal barrels on-site for vendors. . Installation of event signage and banners to be hung no earlier than fourteen (14) days prior to the event and sharing poles with the ITC/Champions Tournament. . Require all vendor equipment and fencing to be removed from City right-of-way no later than 7:00 a.m., February 15, 2010. . Require all other items to be removed from Old School Square site by 5:00 p.m., February 16, 2010. . All trash and garbage to be removed from the event area by 7:00 a.m., February 15, 2010. . That charges for City services are subject to event policies and procedures that may be in effect at the time of the event. October 9, 2oa9 ~ ~" ~; Mr. Bob Barcinski ' ~ ~~ ~~:~ ~. City of Delray Beach 100 N.W. ]. Avenue ~ ~ ~ ~~ Delray Beach, FL 33444 ®II.RA BEACH ARTS, ~N~e Dear Bob, I am submitting our request for approval of the 11th Annual Delray Beach Garlic Fest which will be held on Feb. 12, 13 & 14, 2010. We are requesting the fallowing items to be added to the City Commission agenda in Oct 2009 if possible: Use of Swinton Avenue from Atlantic Avenue North to NE 1St Street, This portion of the street will be closed from 6:00 am Thursday. February 11th through midnight Sunday, February 14, 20~~.~ Use of Old School Square Parking Garage and Court House Parking Garage for event parking and have the Police Explorers staff garages with 50% proceeds going towards their organization. Requesting that 50 spaces in the Old School Square parking garage reserved for Garlic Fest sponsors all three days. (With Old School Square Grounds closed beginning Wednesday, Feb. 10th to begin setup.} Use of Old School Square Parking Garage Lawn Area, formerly the Parking lot due east of Old School Square. We will be having our handicap access and vendor entrance on NE 1st Avenue between the main stage and the Old School Square parking garage. Vendors, located on Swinton will tear down completely after close of the event on Sunday, Feb. 14th. We have also requested a $5,000 deposit from our food concessionaire to be held until clean-up is completed, ensuring that the site is cleaned to the city's expectations. This festival will again be a gated event with an admission fee of $12 per person. This admission fee is charged in order to guarantee monetary contributions to volunteer and non-profit organizations working our event. We recorded charitable contributions to date of X261,111.67 for the non-profit organizations. Event dates are Friday, February 12t1i, 2010 (5:00 pm - 10:00 pm), Saturday, 13th! 2009 (11:00 am to 10:00 pm) and Sunday, February 14th, 2010 (11:00 am to 7:00 pm}. PARKING: 1) Courthouse/Library Parking Garage Oelray Beach 2) O!d School Square Parking Garage Arts, Inc. 3) CRA Parking lots 2, 3 & 4 /Block 60 North side of City Hall 4) City Attorney lot (~4,C3 SF~+h hr}11~ ~ Should you have any questions, please contact me at 279-0907. Thank you for your consideration and supportl Delray Qeact, ~S 3 EL Sincerely, ~tc.r~te~ ~zu~u_.c-~ 5pnnsorlnfo Nancy Stewart Tet; (56l] 214-4G63 Executive Director PS -I've also included a Parking Limit Waiver Request, Hald hiarmless Agreement and Venriars ~ General Info Noise/Alcohol Waiver Request. (Certificate of Insurance to follow.} Tel: (56() 279-0907 GF Garfic Fesl City Req Llr 2pt 0.doc Fax:- { ~~j I ~ 214-6129 ~YWW.~l7gafllCFe5t.C0111 October 9, 2009 Mr. Robert Barcinski, Asst. City Manager City at Delray Beach 100 N.W. 1 Avenue Delray Beach, FL 33444 RE: Downtown Parking Limit Waiver Dear Bob, Delray Beach Art's 11th Annual Delray Beach Garlic Fest, is requesting a waiver of the two hour parking limit in the entire downtown area on Friday, Feb. 12t", Saturday, February 13th, and February 14th, 2009. Should you have any questions, please contact me at 279-0907. Thank you for your consideration. Sincerely, ~~~ ~~ Nancy Stewart Executive Director L3eiray beach Garlic Eesf GF Parking Limit Vllaiver 2©90 Delray Beath ~r#s, Ince ~4-g5~5~1t~ t)elray Beach 3~t ~3 3-L Sponsor Info Tel: (561) .2.74.4G63 Vendors 8, Genert7l Info Tel: {563) 279-4907 fax: {561) 2"14-6319 ~r~vw.dbg~rlicfest.com 'yL f l O A _ Gi~y of Delray Beach °~"~~8~~`~ ~" ~~'_ 8 • Special Event Permit a„ ~~,~teac~~y Application I'~~f~ ~ ~ _~f PLEASE TYPE OR PRIN~~~ ~ ~ ~~~~ 1993 2001 ADM11V1STRATIVE SF,AVIC~s Event Name/Title: l lfh An~iual. Delray. Beach Garlic Fest Event Date(s): Feb 12, 2010 Times: 5 pm -10 pm _Feb 13, 2010 Times: 11 am -10 pm Feb 14, 2010 Tunes: 11 am - 7 pm Event Sponsor/Producer: Delray Beach Arts, Lie. Event ContacdCoordinator: Nanc Ste vart Name: Nancy Stewart Address: G4-B SE 5rh Avenue, Delray Beach, FL 33483 Telephone Number: 5G1-279-0907 Cellular Number: 5G1-702-7028 E-mail Address: nancy a avenuecreative.com Event Description/Purpose: Gourmet food & entertainment event fe turin Nations Act e~xt rtainment covkin demos & cam etiti ns over i50 craft & s ecialt ve~tdors; children's area, full li ttor bsr, beer at•dens• esi~neci as a c mmunity fund-raiser far 15 local non-profit organizations in support of arts and/or education f r ou . Brief History of Event (lf applicable):, Now it it's lli~' year, the event bas became orie of the ton 3 evetlts iu Delray, eneratin~ national attention featured on the Food N_etw_ork's pro ram "Unwrapped" and leas raised over $2G1,000 to d~te_f4r communityorganizations.. Planned Activities {Outline of activitiesfnumber of activities, i.e. entertainment, children's rides, games, other programs): Iron Chef competition, national act entertain~neYtt, cooking demos, int'1_beer & wine garden, childt~en's rides & ~gtivities, Gourmet A,lley, full, liquor bar and specialty vendors Number afTndividuals Served Previous Year {if applicable):40,000 Describe the targeted population and expected attendance: Pslnt Beach Br and & Dade County attendees~rimarily, small percentage from west coast and Martin county, Describe haw the program ar project addresses community needs: Economic engine for downtown businesses and restaurants, drives traffic to downtown businesses a~td hotels, fund-raiser for 1S loco! non-profit organizations. Describe your Marketing/Pramotions Program (How will you market/promote, i.e. TV, radio, posters, flyers, web sites, other): Street si na a TV FOX-29 Radio CBS 1 Sunn J 4.3 WII~ 1.07.9 and 103.1 News a ers Post & S ntinel Tradewinds M azi es Atlantic eve and Bo a Raton a aziiaes Billboard on X-95 osiers Fivers, Web eguosure, street s1~us, street banners, email blasts. ,Sponsor Category (please check) City ^ Nan-ProfttlCharitable X Private o Ca-Sponsor -Non-ProfitlPrivate ^ (df 1Von ~rvfit attach proof of SOic(3), c{4), c(b), C{I o), or c(19) or (~ Event Location (Describe area boundaries of eventllacatian): S vinto~i Avenue from Atlantic to NW 1st S reet Old School S care rounds to include new park area) Site plan attached: yes X no, (Site plan required for entire event site. Include locations of tents, stage, portabts, dumpsters, portable lighting, and barricade location if applicable.} Rental of Old School Square: yes X no (Tf yes, attach proof of approval) Private Property Use: yes na X {If yes, attach letter giving authorization from property owner} Event budget attached: yes X no (Requirerr, fvr ail events) Previous year Revenue/Expense summary attached: yes X~ no {Required for all events) Do you have cash sponsors for the event: yes X no (Yndicated on budget) Do you have inkind sponsors for the event: yes X no (Yndicated on budget) Serving ar selling alcoholic beverages: yes_ X __ rIa (~f yes, copy of license nn~l alcotral litrbility insurance regtairerl tsvo (2) weeks,~riar to event) Event certificate of insurance attached: yes rlo X {Regtiirerl ftvo (2) weeks privy tv event uaruiug the City as additional insured, also required for vendors) Playing of amplified music: yes X no (Waiver required) Will there be entertainment: yes,•,~, no {1f yes, attached List of Performers and/or DJ's) If yes, sponsor agrees all entertainment will be family oriented and contain no obscenities: yes,_ X no Y:IGAI2LIC FESTIGarlic Pest 201t}ICITY IiVF012014 GAW.IC FEST Special Fvent Penuit Application.doc Requesting Police assistance: yes X (Plus autsour~ na (traffic controUsecurity) Will supplement with private security: yes X no (If yes, need plrtn rtttnched} Requesting Emergency Medical assistance: yes X no Requesting barricade assistance: yes X na (If no, how are you handling?) Requesting trash removallclean up assistance: yes X lus artial outs urce (Will be billed to sponsor) Requesting trash boxes/containers and liners: yes X (Martial outsourcel Requesting stage use: yes~~,~ no X (I. f yes, clteclr t~'pe) Large stage (14' x 36') ^ Sr~kall stage (16' x 21') © Half small stage (8' x 2l.') Requesting signage: yes_ ?~ no_ Type: 4'x~'I~avent sign X Parking Signs X ,~ Bantzer lianging_ X - II>rdica#e dates required Jan 29 -- rcl~ I4, 20X0 (Waiver required if more tltan nne (Y) week prior to event) Requesting City Portable Generator: yes na X (If yes, size & power) Food and beverage vendors: yes X no If yes, approximate nxt~nber 2Q (Health Department approval required) yes X na Other vendors: yes, X no (Indicate type) Cr f s ecialt food Tents: yes X na 1} yes, How ntany~ x.25 Whrtt sire or size regrtirerl .10' x 1 Q' Y lertr S an teat b main stn a si e? (I, f yes, te-tt permits nnrl fire inspections may be needed) Will the event include amusement rides: yes X no (~f yes, type rind location and copy of liability insurance required, rtlso requires state license and inspection.) Will the event be gated: (Show on-site map) yes X no Will there be a charge for the event; yes X no (1f yes, indicate ticket prices) Y:IGARLIC FEST1C3arlie Fest 20IO1CiTY Ii~IFa12010 CIARLIC FFST Special l;~ent Permit Application.doc Will there be fireworks or other pyrotechnics: yes no X (If yes, contact Fire Marshal to obtain and cnntptete permit application) Will there be cooking with compressed gas: yes.~_ _ X no (If yes, cor:tact Tire Marshctr for i~tspec~ions) Will you be providing port-a-lets for the event: yes X no (I. f yes, locate on-site ynnp. if Ito, inrlicrrte ho~v you ~a~ill handle restroarr: needs) Is reserved parking requested: yes X no (If yes, Tndicncte lacnnvns rind purpose for rise) Event Permit Attachments: X Revenue/Experlse Budget X Revenue/Expense Recap Last Years Event X Site Plan X Letter Requesting Noise Ordinance Waiver X Letter Requesting Waiver Consumption Alcohol Beverages X Proof ofNon-Prot ,Status to come~General Liability Insurance Certificate X Alcohol Beverage Liability Certificate X Proof of Rental Agreement or Authorization Letter from Private Property Qwner X Hold Harmless Agreement Submittal Date Requirements; • Minor Event 45 days prior to event • Intermediate Event 90 days prior to event • Major Event l20 days prior to event • Neighborhood Block Party 30 days prior to event event ContractorlCoo~•diuA r~ Date Please print: /~..~Ce-/~ G.~t-~~ Please enclose the appropriate non-refundable application fee payable to the City of Delray Beach, 100 N.W. 1~ Avenue, Delray Beach, Florida 33444. Required w'lth permit application. Far Staff Use Only --° Date Received / a ~~ ~4~~ Application fee received ~ ,-~~ Y:IGAIZT.IC FE$T1Garlic Felt 20101CrrY rNF012010 GA1tL1C FEST Spcciai Event Pern-it ApplicatioxLdvc ~~ J L t~ O O ~~ ~~ ~~ ~ ~ ~ i~~ f~~~/e ~~~ '~:-~ ~' ®~tR~~ ~~c~ i ARl°S, Itd~. 2009 ®ELI~AY REACH G-4~LIC FEST BEtVEFICIARIES Atlantic High School Eagle-Ettes Atlantic High School Band Boosters Banyan Creek Elementary School Boy Scout Troop 301 Boca Thunder Travel Baseball Garing Kitchen/Community Food Pantry Delray Beach Police Explorers Post 301 Delray Business Partners Leads Group Kids In Distress Milagro Center S.D. Spady Elementary School 2D09 CDNTRIBUTIDNS~ $31,412 * Tota! Gon#ributions to Date = $Y69, 91 x.67 GF BENEFICIARIES D9 11t" Annual Delray Beach Garlic Fest 2010 Proposed Budget Qrdinary Revenues Jan 09 -- Dec 09 2009 ACTUAL 2010 PROPOSED (DETAIL} 2090 PROPOSIE=D BUDGET Admissions 187,404.77 195,000 195,000 Membership Contracted Service Revenues Other Revenue 171,049.19 162,200 Alcohol Sales 60,000 Mercantile Area 2,5fl0 Tent/Table Rental 2,700 Vendor Fee Income 40,000 Food Income (25% of rosy) 30,ODD RideslChildren`s Area (15% of ross 27,000 Corporate Contributions B6,882,Ofi 45,000 S onsorshi 45,000 I~oundation Grants Other Private Support 1,5DO.OD 1,500 1,500 Government Grants-Federal Government Grants-State Government Grants-Local (not TDCIPBCCC} 0 Palm Beach Cultural Council Grant 1 D,797.00 0 Recreation Assistance Grant Communit Redevelo ment A enc D 0 Downtown Deveb ment Authorit 0 D Downtown Development Authority 0 0 Total Revenue 437,803.02 403 700 403,7'00 2010 Garlic Fest Proposed Budget-C9ty.doc Ordinary Expenses Jan 09 -Dec 09 2009 ACTUAL 2010 2009 PROPOSED TOTALS DETAIL 2010 PROPOSED Bl1DGET Personnel-AdminlMarketing 77,442,76 83,500 Office Staff Person-Pali Time 25,818.76 36,000 Vendor Gaordinator 4,375A0 4,000 Volunteer Coordinator 1,250.00 F~cecutive Director 17,518.00 18,000 GFO 17,516.00 18,000 O erations Mana er & a s staff 5,084.00 2,500 Garlic Chet Stadium Manager & staff 2,360.00 1,500 Pa roll taxes 3,523,00 3,500 Outside Professional Services-Artistic 115,819.55 75,SOA Commission sales 1,375.00 Graphic Design 4,852.50 4,000 Photo ra her 1,700.00 1,500 Entertainment {Nati Acis, baokin fee) 75,059.25 70,000 {see equip rental Sound & Lights 32,832,80 Outside Professional Services-Other 74,964.79 72,350 City Services {Fire, Police, P&R, Public Works 15,628.29 15,000 Contract Labor (Emcee, Cash Room, Intern, Bars 7,250.00 11,500 Private Securit 7,660.50 7 500 Stage Techs 3,500 Professional Fees (Accounting, Legal 2,850 Volunteer Contributions Atlanilc High Eagle-ettes Banyan Creek Elem School Boy 5couf Troop 301 Caring Kitchens Children, Hope & Horses Corebridge Educ Academy Delray Beach Pallce F~aforers Delray Beach Public Library Delray Rangers Travel Baseball Mortkami Park I^iem School The Miracle League Delray Business Partners (Chamber Leads Grou 44,426.00 32,000 Space Rental for Program 12,163.47 12,163.47 12,000 12,000.00 RentlMortgage 15,158.57 20,400.00 Office Rent 13,500.00 18,000 Stora a Rent 1,658.57 2,400 MarketinglAdvertising 17,807,10 17,300 Advertising Fee 3,390.50 3,900 201D Cari[c Fest Proposed Budget-City.doc Annual Re orVCo Filing Fee 201.25 150 Sheet Banners 3,122.00 2,000 Billboard 750A0 750 Printing 415.84 3,000 Web Hostin 219.45 1,000 Television Ads 0 4,250 News a er15 ecial Section 3,100.00 Sofitware 576.85 Meals/Entertainment 4,'171.40 250 Pasta a 1,959.71 2,000 Travell8up lies/attter 30,58x.10 17,504 Hotel rooms-National Acts 9,000,00 $,000 Hotel rooms-Staff 1,500.00 1,500 Office Su ties 7,502.10 6,000 Meals-Staff Meetin s 2,000 Goum~et Alle (Soda Water % 12,562.00 Remaining opera#ing l;x erases 93,'182.68 146150 Apparel (Vol. shirts, hats, staff, mercantile items 6,7'41.97 5,000 Auiomoblle ex erase 55.25 500 Bank Service Charges /Fees / f=inance Char es 6,291.78 1,000 Beer/ I_i uer cyst 19,791.38 30,000 Generators/Power 20 000.00 12,000 Ca iial E ui ment 2 176.16 f=encing 5,000.00 5,000 Dues & Subscriptions 3,616.70 500 EducatfonlSeminars 546.00 Equipment Rental {Diesel fuel, port-a-leis, repairs, radios, tents, cables, chairs, lower li his, sound & li htin 7,638.27 35,000 Garlic Chef Stadium (aprons, food, supplies, prize money, iro hies) 218.79 5,000 Ice 1,319.50 1 500 Insurance 2,184.37 4 550 Licenses & Permits 275.00 300 Miscellaneous (ADT, reimbursed ex erases 5,685.65 Cleanin Service 900.00 300 Gifts/Prizes 870.00 Re airs Gam uter, a ui ment 2,680.76 1,500 Tele hone 5,410.97 2,500 IJfilities aterlEleciric 1,520.58 VIP Party (Entertainment, bartender 759.55 500 Total Expenses 437 803.02 $403,704 $x03,700 2010 Garlic Fest Proposed Budget-C9ty.doc MEMORANDUM TO: Mayor and City Commissioners FROM: Robert A. Barcinski, Assistant City Manager THROUGH: David T. Harden, City Manager DATE: November 10, 2009 SUBJECT: AGENDA ITEM 8.P. -REGULAR COMMISSION MEETING OF NOVEMBER 17, 2009 SPECIAL EVENT REQUEST/42ND ANNUAL ST. PATRICK'S DAY PARADE AND PARTY ITEM BEFORE COMMISSION City Commission is requested to approve a request to conduct the 42nd Annual Saint Patrick's Day Parade and Party proposed to be held on Saturday, March 13, 2010 beginning with set up at 11:00 a.m., parade starting at 2:00 p.m. and ending at approximately 4:00 p.m., and event at Old School Square from 11:00 a.m. to 7:00 p.m., and to grant a temporary use permit per LDR's Section 2.4.6(F) for the use of Atlantic Avenue from Venetian Drive to NW 1st Avenue for the parade and Venetian Drive and Gleason Street for staging of parade entries. Commission is also being requested to approve staff support for traffic control and security, barricading, trash removal, EMS assistance, use of half of the small stage and to allow event signage to be put up fourteen (14) days prior to the event. BACKGROUND Attached are a special event application, site plan and budget received from Nancy Stewart on behalf of the St. Patrick's Day Events, Inc. Commission is requested to approve the parade and provide staff support for traffic control and security, clean up, barricading, EMS assistance and to allow event signage to be installed fourteen (14) days prior to the event. The parade will start at 2:00 p.m. and end approximately 4:00 p.m. Venetian Drive and Gleason Street will be utilized to stage the parade entries and we would close these streets by 11:30 a.m. The event producer is also requesting the use of the Old School Square front lawn, which will be fenced and gated and will have food and beverage vendors as well as entertainment at this location. Estimated overtime cost for the event is $9,200, barricade rental costs is $350, trash boxes is $350 and small stage rental is $266 for a total of $10,166. Per event policies and procedures, the event sponsor will be required to pay approximately $7,115. The parade will end on NW 1st Avenue. RECOMMENDATION Staff recommends approval of the event request, the temporary use permit and providing staff support as requested contingent on the receipt of the required Liability Insurance by March 3, 2010. City of Delray B each, ~ 11l ~ n~~w~Y BEACH ~ =° ~, ° Special Event Permit ~~.~cnr A lication ACT ~ ~ 2009 pp ADMI~kIS1'RATIIf E S~RVIC~ PLEASE TYPE OR PRINT -~ gg~ 2001 Event Name/Title: 42"d Annual St Patrick's Dav Parade & Party Event Date{s); _Mareh 13, 2010, _March 13, 2010_ Times: llam - 7pm (Event} Times: 2pm - 4pm (Parade) Event Sponsor/Producer: St. Patrick's Dav Events, Inc. Event Cantact/Coordinator: Nancy Stewart Name: Nancy Stewart Address: 64-B SC 5~~' Avenue, Delray Beach, FL 33483 Telephone Number: 561-279-0907 Cellular Number: 561-702-7028 E-mail Address: Haney@avenuecreative.com Event DescriptionlPurpose: Celebration of Irish Culture and afund-raiser for non- profit organizations staffing event, In addition, as an economic cleyelonment promoted to drive traffic to downtown businesses and restaurants, BriefHistoiy of Event (If applicable); Celebratin 42 ears as grade 3rd ear as re- post_event party Planned Activities (Outline of activities/number of activities, i.e. entertainment, children's rides, games, other programs): Pre and Past Party on Grounds of Old Schoal_Sguare, featuring arts & craft vendors, food vendors,,,x full liauar /beer bar, live music from llam -- 7nm; Parade 2nm - 4nm Number of Individuals Served Previous Year (if applicable):501000+ Describe the targeted population and expected attendance: 50,000 expected attendance drawing from Palm Beach. and Broward Counties primarily; plus over 300 Fire Fighters & Paramedics state wide and their families Describe how the program or project addresses community needs: Economic en ine for downtown businesses and restaurants drives traffic to downtown businesses and hotels Describe your MarketinglPromotions Program (How will you marketlpromate, i.e. TV, radio, posters, flyers, web sites, other): Street_signage, TV (FOX-29), Radio (CBS Sunny 104.3, WIRK 107.9 and 103.1), Newspapers (Post & Sentinel, Tradewinds). Magazines (Atlantic Ave and Boca Magazines, Posters. Flyers, Web ex~nosure. email blasts. Sponsor Category (please check) Ciry ^ Non-Pxofit/Charitable X Private ^ Co-Sponsor -Non-Profit/Private ^ (If 1Von profit attach proof of SOIc(3), c(a), c(6), C(10), ar c(l9) ar (d) Event Location (Describe area boundaries of event/Iocation}; Atlantic Avenue beginning on Gleason Street heading West to NW 1st Avenue. Staging an Gleason & Venetian to Ingraham Ave.Seabreeze Avenue and Last Drive to Lowry Street. Andrews Avenue if necessary. In addition, five locations along Atlantic Avenue with fire apparatus stationed with American and other flags suspended above the street with PD & FD prior approval. Close NL Ist Avenue from Atlantic to the alleyway City Hall Parking Lot for vehicle staging prior to the Parade County Courthouse Parking Lot for Fire apparatus staging prior to the event. Site plan attached: yes X na (Site plan regtrlred for entire event site. Include locations of tents, stage, portalets, dumpsters, portable lighting, and barricade location if applicable.) Rental of Old School Square: yes X no (If yes, attach proof of approval} Private Property Use: yes no X (If yes, attach letter giving authorization from property owner) Event budget attached: yes X no (Regtrlred far aIt events) Previous year Revenue/Expense summary attached: yes X no (Required for all events) Do you have cash sponsors for the event: yes X no (Indicated on budget) Do you have in-kind sponsors for the event: yes X no (Indicated on budget) Serving or selling alcoholic beverages: yes X no (If yes, copy of license and alcohol llrrbility Insrerarrce required two (2) weeks prior to event) Event certificate of insurance attached: yes no X (Required trvo (2) weeks prior to event nantirtg the Crty as rrdditiorral insured, also required for vendors) Playing of amplified music: yes X no (Waiver required) Will there be entertainment: yes _.X no. {If yes, attached list of Performers andlor DJ's) If yes, sponsor agrees all entertainment will be family oriented and contain no obscenities: yes. X no Requesting Police assistance: yes X (Plus outsourc~ no (traffic control/security) Will supplement with private security: yes X na (If yes, need plan attached) Requesting Emergency Medical assistance: yes X na Requesting barricade assistance: yes X no (If no, how are you handling?) Requesting trash removal/clean up assistance: yes X (plus partial outsource) (Will be billed to sponsor) Requesting trash boxes/containers and liners: yes X no Requesting stage use: yes X no (If yes, check type) LArge stage (14' x 36'} ^ Small stage {1G' x 2l.'} © Half small stage (8' x 21') X Requesting signage: yes X no `I~ype: ~'x~4'Event sign X Parking Signs X Banner hanging ,~ Indicate dates required Feb 26- Mar 14, 2410 (i3'aiver required if more than one (1) week prior to event) Requesting City Portable Generator: yes no X (If yes, size & power) Food and beverage vendors: yes X no I#' yes, approximate number 6 (Health Department approval required) yes X no Other vendors: yes X no (Indicate type) Trish Cultural items, arts, crafts. Business particiipants Tents: yes X no_ If yes, How many 34 Wltat size or size required YU' x 10' (If yes, tentpermits and~re inspections may he needed) Will the event include amusement rides: yes no X (If yes, type and location acid copy of liability insurance required, also requires state lieettse and inspection.) Will the event be gated: (Show on-site map) yes X no, Will there be a charge for the event: yes no X (If yes, indicate ticket prices) Will there be fireworks or other pyrotechnics: yes no X (If yes, contact Fire Marsltat to obtain and complete permit applicatlan) Will there be cooking with compressed gas: yes no X (If yes, canfact Fire Marshal for inspections) Will you be providing part-a-lets for the event: yes no X (If yes, locate on-site map. If no, indicate how you will Itan~lle restroom needs) Is reserved parking requested: yes (If yes, indicate lacatioris arr~l purpose for use) no X Event Permit Attachments: X Revenue/Expense Budget X Revenue/Expense Recap Last Years Event X Site Plan X Letter Requesting Noise Ordinance Waiver X Letter Requesting Waiver Consumption Alcohol Beverages X Proof ofNon-Profit Status to come_General Liability Insurance Certificate X Alcohol Beverage Liability Certificate X Proof of Rental Agreement or Authorization Letter from Private Property Owner X Hold Harmless Agreement Submittal Date Requirements: Minor Event 45 days prior to event • Intermediate Event 90 days prior to event • Major Event 12~ days prior to event • Neighborhood Block Party 30 days prior to event ~~ ~~ ~~' Eve Confrac r/Coordinator Date Please print: /v~~. ~~~~ Please enclose the appropriate non-refundable application fee payable to the City of Delray Beach, 100 N.W. 1~` Avenue, Delray Beach, Florida 33~4~1. Required with permit application. For Staff Use only J.~-- Date Received ~a a ~ 0 Application fee received $ /3 " s _~ ~~~~ ~~ ~~ r ~~ 2010 Annual St. Patrick's Dav Parade & Party Income Expenses Parade Fee .............................................$3,000 Sponsorship .................................. ~ ....., ... $5, ODD Alcohol Sales ..........................................$5,?54 Vendor Income ..................................$5,000 Food ....................................................... 5 000 Total ..................................................... $25,750 Permit Fees ..............................................$ 20D AdvertisinglPrinting ......................... ........$1,000 Ci#y Costs ....................................... ......$10,150 Insurance ........................................ ........$2,000 Rental Equipment ........................... ........$3,500 Entertainment ................................. ........$1,000 Office Supplies ............................... ...........$30O Postage .........................~-----......-•--- •--........$1O0 Private Security .............................. ........$2,000 Miscellaneous ................................. ........... $2DD FoodlBeverage ............................... ........$2,3OD Charitable Donations ...................... ........ 3 ODO Total ............................................... ...... $25,750 St Pats City Budget 2014.doa ~OQ9 Actual St. Pats Parade [ncome Parade Fee $3,225 Sponsorship $4,500 Alcohol Sales $92,433 Food 2 892 Total ~22,97q Expenses Permit Foes $200 AdvertisinglPrinting $~,g64 Gity Costs $5, 994 Insurance $1,750 Rentai Equipment $2,275 Entertainment $1,000 Office Supplies $296 Postage $1 DO Private Security $1,25p l1/1iscglianeous $178 FoodlBeversge ~2, 848 Gharitabie Donations 4 OQQ Tots! $21,855 Z0o[{] H~~'~g AV2I'I3Q 5~~0 8LZ T9~ X~',~ 9i~~6T SOOZ/LZ/OT August 25, 2D09 Re: 42"d Annua! St. Patrick's Day Parade Mr. Barcinski, Please allow this letter to serve as clarification of our request for street closure for the 42nd Annual St. Patrick's Day Parade. The parade, by its nature, is part street performance by the marching bands that St. Patricks Day Events, inc. employs for this purpose. The bands will be stopping along Atlantic Avenue to perform at certain points. This means that the entire parade will stop to facilitate the performances. am writing to you to ensure that all city staff working the event are aware that the parade will stop far these p®rformances and that the performances are approved. The Parade will end and be off of Atlantic Avenue by 4:Q~PM as stipulated in the Special went Permit. Please contact me if you have any questions. Sincerely, Bern Ryan Director of Operations St. Patricks Day Events, Inc. 2010 Parade Letter Bob.doc MEMORANDUM TO: Mayor and City Commissioners FROM: Robert A. Barcinski, Assistant City Manager THROUGH: David T. Harden, City Manager DATE: November 5, 2009 SUBJECT: AGENDA ITEM 8.Q. -REGULAR COMMISSION MEETING OF NOVEMBER 17, 2009 SPECIAL EVENT REQUEST/SAVOR THE AVENUE ITEM BEFORE COMMISSION Commission is requested to endorse Savor the Avenue, proposed to be held on March 18, 2010, from 5:30 p.m. to 8:30 p.m., sponsored by Florida Table Magazine and supported by the Downtown Marketing Cooperative. Commission is also requested to grant a temporary use permit per LDR's Section 2.4.6(F) for the closure and use of Atlantic Avenue from Swinton to the west side of NE/SE 5th Avenue and to provide staff assistance as requested for traffic control and security, barricading, banner hanging, and use of a City owned portable generator. BACKGROUND Attached is a special event permit, site plan and budget for this event received from Marjorie Ferrer on behalf of Florida Table Magazine. This will be a wine and food event to promote economic development for downtown restaurants. The event sponsor will be responsible for event management and coordination with restaurants, rental and set up of tables and chairs on Atlantic Avenue and cleanup. The individual restaurants will be responsible for table cloths, table settings and selling tickets. Banner hanging was requested for 3 1/2 weeks before the event; staff recommends that banners be approved to begin no sooner than 14 days prior. Per event policies and procedures, the event sponsor is responsible for 100% payment of City costs. The estimated overtime cost for this event is $1,550, trash boxes are an additional $50 and barricade rental is $350. RECOMMENDATION Staff recommends consideration of approval of the event, temporary use permit, and staff support as requested with the following conditions: 1. Receipt of a Certificate of Event and Alcohol Liability Insurance by 3/8/10. 2. Receipt of a Hold Harmless Agreement by 3/8/10. 3. Banner hanging approved to begin no sooner than 14 days prior to the event. _ City of Delt ay Beach ~ ~' i= ~ V~~ o~~R° ~r s~nc~ ' S ecial Event Permit ~~~ 4 '~ Application hom-~~,-sr~Arrv ___ S~RVlC~~ ~ Q PLEASE TYPE OR PRINT .~ ~~3 2UO1 Event Name/Title: ~~~0'~ ~~ ~~ ~1~1A,~. Event Dates : Times: 3 Event Sponsor/Praducer Event ContactlCoordinato Naive: ~ ' ~a~ ~ r: ~r ' ~t Telephone Number: E-mail Address: WI Brief History of Event (If applicable): \ U ~ Number of Individuals Served Previous Year (if applicable}; lation and expected attendance; Planned Activities (Outline of activitieslnumber of activities, i.e. entertainment, Describe how the program or project addresses community needs: ~~norniL ~.~~nnmP_vr~ ~~ C?~~c,tu~'~iVr~_'~n Describe your Marketing/Promotions Sponsor Category (please check} City ^ Non-ProfitlCharitable ^ Private ^ Co-Sponsor -Non-Profit/Private,,~ Site plan attached: yes~_ no (Site plan rer~uired for er:tire event site. Include locations of tents, stage, portalts, dumpsters, portable lighting, and barricade location if applicable.) Rental of Old School Square: yes no {If yes, attach proof of approval) Private Property Use: yes na \ (If yes, attach letter giving authorization from property owner) Event budget attached; yes ~ no (Rer~rrired for all events) Previous year Revenue/Expense summary attached: yes {Required for all events) Do you have cash sponsors for the event: yes no (Indicated on budget) Do you have inkind sponsors for the event: yes no {Indicated on budget) no C:iDocuments and SeltingsU,isilDesktoplspeeial Event Pcm~it Application FINAL 9.6.07.doc (If Norl profit attacle proof of SOlc(3), c(4), c(6), C(10), or c(19) or (d) Servin r selling alcoholic beverages: yes~~„ no yes, copy of license and alcolrol liability instrance required ttivo (2) weeks prior to event) (t ,,~ ~~~JP~~~~;-' v V ~~.~ ~ ~/~~ ~ ~r' Event certificate of insurance attached: yes~_ no (Required tlvo (2} weeks prior to event i'ranrirsg the City as arlditional insured, also required for vendors) playing of amplified music: (Waiver required) yes / ~ no Will there be entertainment: yes no (If yes, attached list of Performers and r DJ's} If yes, sponsor agrees all entertainmen e amily oriented and contain no obscenities: yes no Requesting Police assistance: yes~~ no (traff c control/security} Will supplement with private security: yes no_ '~ (If yes, need plan attr~clred) Requesting Emergency Medical assistance: yes no~ Requesting barricade assistance: yes~_ no (If no, how are you handling?) Requesting trash removaUclean up assistance: yes no, / \ (W~~ittll be billed to spoyynsor) ~t"k~~~~ZY 1'~,rY~ Gl>~ a~ L. L~~l A~enu~- bYY~C ~Yra~~tc~ Requesting trh boxeslcontainers and liners; yes no Requesting stage use; yes no~~ (If yes, check type) Large stage {1~4' x 36') ra Sntall stage {16' x 21'} ~ Half small stage (8' x 21') ^ Requesting signage: yes no Type: ~l'x~l'Evelyt si a Parking Signs Banner hanging~_~ Indicate dates regnired~ a ~~ (Waiver required if more than one (1) week prior to event) Requesting City Portable Generator: {If yes, size & power} Food and beverage vendors: Tf yes, approximate number (Health Department approval required) yes~_ no. yes no__~~-__-_ no~~ yes ~1r"r C:1Docwnants and 3ettingslLisilDesktoplspeciat Event Permit Application 1'INAL 4.b.Q7.doc Other vendors: (Indicate type) n a Tents; yes~_ na If yes, Hotiv many T ghat size or size required (If es tent permits and fire i-rspections tray be needed) ~ura~n~' Qre~~i4r1 ~kevt~~ ~`~nere. ~~<<cuiole ~ Will the event include amusement rides: yes no (If yes, type and location and copy of IiaGilify insurance regreired, also requites state license at:d itrspectiotl.) Will the event be gated: (Show ota-site snap) yes no Will there be a charge for the event: yes~_ no (If yes, nd'eate ticket rites) ~Va~~ ~nc~5 ~. ~~~~ ~ol~ b~ 1~S~u~r~.~4-5 Will there be fireworks ar other pyrotechnics: yes no~_ (If yes, contact Fire Marshal to obtain and eotliplete permit application) Will there be cooking with compressed gas: yes~_ no (If es, c4.ntact Fire Marshal for inspectiotas) [~ ~~~ K-i~C~~vl~: IU~O~~t01~5 ~C~~ Will you be providing port-a-lets far the event: yes~_ na (If yes, locate on-site tnap. If r~o, indicate horn you will handle 1•estrootn treeds) Is reserved parking requested: yes no~~. (If yes, indicate locations alad pnjpose for use) Event Permit Attachments; RevenuelExpense Budget RevenuelExpense Recap Last Years Event Site Plan Letter Requesting Noise Ordinance Waiver Letter Requesting Waiver Consumption Alcohol Beverages Proof ofNon-Profit Status General Liability Insurance Certificate Alcohol Beverage Liability Certificate Praaf of Rental Agreement or Authorization Letter from 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 • Neighborhood Block Party 30 days prior to event C.IBocuments and 5eltingsll,isilI)esktoplspeciaE Event Permit AppEication P1NAL R,G.07.doc ' ~ I V~ 0 ~ O Event Contrac o / or natq~~ Date Please print: ~ `~ Please enclose the appropriate non-refundable application fee payable to the City of Delray Beach, 100 N.W. lst Avenue, Delray Beach, Florida 3344d, Required with permit application. For Staff Use Orrly ~ ff Jv q -~- Date Received I~ / / Application fee received $ /~ C:IDocuments aid SettingslLisilDeskEOplSpecial Event Permit Application FINAL 4.6.07.doc ~ i /r~ 1 3r ~ ~~yy ) ~(~ I ~~ ~ ~ ~ ~ I ~e ~. } i ~I` ~ f;. f ~ ! r /~ A ~~. i ~ (f ~ ~ ~ ~ ~ i n ~ ~ 1, ' ~ ~il Sri r. /~ ~ r ..~ ~ ~' 1 '. ' n,. " it I i )}n~ RN. ~, r~ 4~ -. ~ ~ I ~. !: ~ lip n I 1 ~ ~~? `' t~ ~ I ~ o ~ ~ ~ l ¢~~ee~~1 J(~ ~ ~ 1. . A,.. L i + ~ ;~ r ,,~ ,~ ,~ ~ /rs r~ ill / 7 Y ~ '1 ~~, ••y ~ ,, ~ a R ;. n ~ ~~ ~~ Y ~ ' , ~ } ~ R ~ /r ~ i ~ Jii .fir,, ~ . ~ ~~ o ~ F 1 1 ~~ ~~ Jr - r ~ ,,, s- t r ~ f,/ ~ ~ , Xe / ~ ~ i ~~ V : ~ J ~ n- a ' /f~ f, I~ i 3 . . 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I f i ~ „ v ., ~~r ~' ~ ~r „P i /i I J .,.i , ~~ { , i _ ripe :. .. ~ .,,. r ,' r s i ~ 4 ~ ~ . ~ , '~YJ ~` / i~. ~~ { 1 III b, ~i~ (~ ~~ .1 / I ~. J r ;~,I j~ 1: Y~ U~ ~ P ~ f/ I / ~ I i ~ t~ ~ `Ski` ~Ar. L Ff~, ) '~~ I ' k 1 ~~d (£ A `~ UI f~( ~, ~ir115Wf i ( M II~ i .~ ~ y Mf ~ <F I ~y ~., U i/r, 1 ~~ ~ vh , ~ ~ ~F f ~ ~ 0 ~ I ~~ ,) .,£' .. 1 ~~ 1 ~ j ~ '' ;y ~ J ~ u~~~ ~ ~ ~ ~ ~ a ~ ~ a.~ / ~ii e ~~, j r,~~~' '~.' ~ °A ~ % '9i a ~ i - '' ~~ ~' sy r i r~ ~ r , i r,,., _ ~"' ~ ~ ~ v ; ~ ~ J i ' ~ ~ ~ u ~'J ,~ r ~ ~ ~ r:. , k* ~ fl r ` i.l f J, ~ {~, I~ j`,J + ' ~' ,,, a ~~ ~~ , wr~~ , ; ~ ~ ~ y ~y,, ~ ~" a~ ,~ , , C4 ~ ~ ~ ~ z _ ~r" ~ # r ~ ~ ~~ ~ ~ r ~ ~ G3J r, ~ ~ ` ~' ~ ~ u'~r ~ ~^ ~ ~ ~~ ' r~' ~ F ~ ~ j ~ RMr 11 ~' ' Yii r {: Y' 1~' Vii i K¢ ,~ I ,~ r.. Y i ~ ~ ~ . ~~ . ~" ~ J~, ~ ~ ~ q kA , ~ /~ ,~rf . ~i l r ~ ,. . }r ; 1 , ~{S . ~~ ,~ { '*~ I11 Y' II ~ ~ t ~ i 7 1~, k a' ~ S rl~ .~i ,. ,. e / ~ r Yl, «)1'~l'~~. wr . i i-, ~' ~ ry S `' r.°. C~ c3 ~~~ rrc R7 ,,, ~ ,, ~: ~ ~ ~ ,~ a,r?aE - v _. ~pM Savor the Avenue 20'i0 Budget income: S onsorshi $11,360 in Kind $3,500 lx ense: Cit Permit $150 DDA-Additional Florid aTabieMa azine Ad $2,560 Rentals $1,810 EntertainmentlSound $1,000 Port-o-Lets $95 Wrist Tickets $200 In Kind Printing Printing Florida Table Ad Desi n Florida Table Photo ra herNideogra her Florida Table ~E1~,~~ f 1 11,~~,\11i ~~'',~ x,11 r_'~, ' ~'' ~~ ~I ~ ,, !j~' :: ~~ ~. .k '-.. July 29, 2009 Mr. Robert A. Barcinski, Assistant City Manager City of Delray Beach 100 NW 1ST Avenue Delray Beach, Florida 33444 Re: Waiver for Banners -Savor the Avenue Event Dear Mr. Barcinski: This Downtown Marketing Cooperative is requesting the City Commission to waiver its banner policy by giving permission for the Savor the Avenue banners to be put up on February 23, 2010, 3'/2 weeks in advance of that event instead of the two weeks allowed. Savor the Avenue takes place on March 18, 2010. The banners will be put up on intersection lamp posts from Swinton to Fifth Avenue. We expect to put up 20 banners. There is no conflict as no other event is being held at that time. Putting up the banners on February 23rd allows the restaurants and the banner sponsor more time for advance sales. Reservation cutoff is March 12t'', 2010. This is a very unique event, paid for by the sponsors and certain to get national attention. Thank you for consideration of our request. Sincerely, ~U~ Marjorie Ferrer Executive Director DELI2.1Y ~Bi1i~II ~OV4'N'fOLM1'N I~`IARKI:T[~G C OOP~RATI~'E a City of Deh•a}' Beach • Conuntrnity 12ec~evelo~»~Ie~it Agency • I~c~wnl~[nvn F~evelop~~ea~it Authority • C~rea€e~~ Delray Beach Chan3ber o1~ {'onrine~~ce fi4_p SE Fifth Ave~IUe, 1]elr~-y Beach, FL 33483 ~ Tel: S(, ] .279,1380, ext 16 ~ Fax: 5(i 1.278.055:1 ww~x~.Downto~~~nlleJrayl3each.com _~ _ ,-~ ~x~a~e by--~~-, ea ~~,~ I _ FA 1314}lS~ j~4ljli~< <Ilol~~~~~~)_~ { ~/~~ ® , ~~~' ~~ ~, 1~ ~;. ~~ ~ '; l .:%'~ 3f ~~~Q.-/~ ~11~~1fI i 4 f j I ) ! ~1 ,} Viua~eby July 29, 2009 she lea ~-~_:: Mr. Miguel A. Espinoza, Jr. FAX 581-689-8127 RE: PORT-O-LETS -SAVOR THE AVENUE ~~ Dear Miguel: ~ r ~ The Downtown Marketing Cooperative in Delray Beach would like to place an order for one regular port-o-let for Thursday, March 1$, ~Qtl~ {rain date March 19`i'} far Savor the Avenue event. The port-o-let is to be place in the Sun Trust parking lat. Our contact person for Savor the Avenue is Sarah Martin {c) 954 650 0324. Please call her at the time of delivery. If you are unable to reach her please call Marjorie Ferrer (c) 561 271 3168. We would need to have the port-o-let delivered by 12 noon and it can be picked up that evening after 10:00 p.m. Please confirm in writin that ou will be able to accommodate us er the above order. Invoices should be made out the Downtown Marketing Cooperative at the address listed below. Thank you so much for your help and above all your dependability. Sincerely, I~~f~ MARJORIE FERRER DOWNTOWN COORDINATOR Drt.~t.w BLACH Do«~:v°TO«~n Ni,aiix~;'r'i~c: ~~;a~.~Pra;~•ri~~~ • City of Delray Se~RCh • Ci~n~n~ri~~ity ltedevel~3pn~ent ~~gency • Downuxvi3 Developme~~t Authoelty 4 Greater I~alr,~y Beach Ch~t~t~ber cif E:<m~me~~ce G~4-A SE Fifth A~~enue, Delray ~3each, Fl. 33~R3 s Tel: 561.779. [ 38f), ext l6 Fax: 5C 1.278.0555 r~~~~~rv.Do~~~~FOwnT]eh-avE3cach.co»~ ~,,~~,, , ~ ri ri,'~ F~ ,,y ~~ J, f rr ,.~~~~' i~ y>>~~ r~ :.~~w,. ~ ~o~ ~ ~.-` } F ~. (~T ~~r~ I~ E;~~1~ ~Y .,~ a~3~~i3~~ i11a e by - ~!` V ~ ~-- July 29, 2009 the lea ~~,}~'f`'-~ Mr. David Maddux, Director Operations Florida East Coast Railway 7411 Fullerton Street; Suite 300 Jacksonville, FL 32256 Dear Mr. Maddux: The Downtown Marketing Cooperative is holding for the second time a grand table event called "Savor the Avenue". It will be held on Thursday, March 18tH 2010 (rain date March 19tH, 2010} in downtown Delray Beach. We expect about one thousand people to enjoy a great culinary experience while dining outdoors on an extended dining table in the middle of our downtown. The table stretches for about five blocks. We would like to request that the trains could be discontinued during this event From the hours of 6:00 p.m. to 9:00 p.m. on March 18tH (rain date March 1 gtn} Last year, you mentioned that this could be done except for possibly one train that has to come through. Our main concern of course is far the safety of those attending as the FEC tracks cut right through the middle of our downtown and our dining table. Mr. Maddux, please let me know if you will be able to accommodate our request to stop the trains going through Delray Beach during this event. As always, your consideration is very much appreciated. I will wait to hear from you. Sincerely, Selma Kleinman Secretary, Downtown Marketing Cooperative Drr.~t;»~ BLACH Dori~~~ro~~ I~1aRxr~~~~c: ('zx~t~~at,~~`~r~~ • City of Delray Beach • Cc~rr~»ut~iity Redevelop~ue~u Agene.y • DowruoEVn De~~elop~nent Aistl~o~'ity 4 Greater Delray E3eacn Cltai~~t~er nt~ t'ornme~~i~e Cv~-A SE l~~ifth Avenr~e, De13-ay Beac11, Ft.~ 33~i83 • Tel: 5Ci] .219.1350, est 1 G Fos: ~61.27~.0~55 ~~~ww.D{nvnto~~~i~Delrayt3each.coo~ SPECIAL EVENT HOLD HARMLESS AGREEMENT The Delray Beach Downtown Marketing Cooperative (comprised at the Community Redevelopment Agency, Downtown Development Authority, Chamber of Commerce and the City of Delray Beach) agrees to indemnify, hold harmless and defend the City of Delray Beach, its agents and employees from al[ suits, actions and claims including attorney's fees and costs attendant to any claim, litigation, administrative proceeding, appeal and judgment of every name and description brought against the City as a result of loss, damage or injury to person or property arising from and in exchange for the Delray Beach Downtown Marketing Cooperative use of City Facilities or property for the special event of *~/y~- ~~~~ A~/C,JI~~'~ and hereby releases the City of Delray Beach, its agents and employees from all suits, actions and claims including attorney`s fees and costs attendant to any claim, litigation, administrative proceedings, appeal and judgment of every name and description brought against the City as a result of lass, damage or injury to erson or property arising from the special event of ~ihVDti- ~fz~/~~~~Cc ~~ti~~~- /~ j ~ ~ This Indemnification and Hold Harmless and Defend Agreement is only to the extent of insurance maintained by the Delray Beach Downtown Marketing Cooperative as covered under Penn American lnsurance Company policy number PAC6762705. Michael Listick, Chairman, town Dev~:lopment Authority Howard Lewis, Chairman, Community Redevelopment Agency William J. Woo , P~~esident, Chary bey o Commerce Robert A. Barcinski; Assistant City Manager, City of Delray Beach Revised 7!26!69 DELIiAI BII;ACH DO«'nTO~~'N MARK~TII~G COOP~1tAT1'4'E • City of Delray Beach • Community Redevelopment Agenc}r • Downtown Development Authority • Greater Delray Beaeh Chamber of Commerce 64-A SE Fifth Avenue, Delray Beaeh, Fl . 33483 • Tel: Sb 1.279.138©, ext 16 Fax: 561.275.0555 ~vww.DowntownDelrayBeach.com MEMORANDUM TO: Mayor and City Commissioners FROM: Jasmin Allen, Planner Paul Dorling, AICP, Director of Planning and Zoning THROUGH: City Manager DATE: November 12, 2009 SUBJECT: AGENDA ITEM 8.R. -REGULAR COMMISSION MEETING OF NOVEMBER 17, 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 November 2, 2009 through November 13, 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 Site Plan Review and Appearance Board Meeting of November 11, 2009 A. Approved (6 to 0, Chris Stray absent), a request for a color change for the exterior walls on all condominium buildings within High Point of Delray Beach Section 1, located at the intersection of West Atlantic Avenue and High Point Boulevard (292 High Point Boulevard). B. Approved (6 to 0), a request for a color change for Boca Delray Service Station `BP", located at the southeast corner of West Atlantic Avenue and Military Trail (4970 West Atlantic Avenue). C. Approved (6 to 0), a Class III site plan modification and architectural elevation changes associated with the conversion of 1,000 square feet of retail to restaurant for Tuscan II Subway, located at the southeast corner of East Atlantic Avenue and SE 5th Avenue (506 East Atlantic Avenue). D. Approved (5 to 1, Shane Ames dissenting), 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. E. Approved with conditions (6 to 0), a Class IV site plan modification, landscape plan and architectural elevation plan associated with the construction of a 192-unit residential development for Village at Delray, located on the east side of Auburn Avenue, between SW 7th Street to the south and Auburn Drive to the north (625 Auburn Circle West). Historic Preservation Board Meeting of November 4, 2009 No appealable items were considered by the Historic Preservation Board. 1. The Board held discussions pertaining to revisions to the Delray Beach Historic Preservation Design Guidelines, Section VII (Special Design Considerations), Section VIII (Demolition, Relocation, Economic Hardship, Appeals), Section IX (Incentives), and Appendices A, B, and C of the current (2003) Guidebook. 2. The Board had discussions pertaining to the proposed signage plan for the Marina Historic District. The proposed signage is in response to the Community Improvement Department's neighborhood signage grant program. RECOMMENDATION By motion, receive and file this report. Attachment: Location Map -; ,~1, CITY COMMISSION MEETING - - ~ k ~~ NOVEMBER 17, 2009 i oNE~ni~E ~ PLANNING AND ZONING ~~ LOCAT~QN MAP ,~gA~Hr~ sc~~E DEPARTMENT SPRAB A. HIGH POINT OF DELRAY BEACH SECTION 1 D. CUT 432 STEAKHOUSE B. BOCA DELRAY SERVICE STATION "BP" E. VILLAGE AT DELRAY C. TUSCAN 11 SUBWAY -- D/GITAL BASE MAP SYSTEM -- MAP REF: S:\Planning & Zoning\DBMS\File-Cab\CC-DOC\11 -17-09 MEMORANDUM TO: Mayor and City Commissioners FROM: Victor Majtenyi; Deputy Director of Public Utilities Richard C. Hasko, P.E.; Director of Environmental Services Department THROUGH: David Harden; City Manager DATE: November 9, 2009 SUBJECT: AGENDA ITEM 8.5.1 -REGULAR COMMISSION MEETING OF NOVEMBER 17, 2009 CONTRACT AWARD/STANLEY CONVERGENT SECURITY SOLUTIONS, INC. ITEM BEFORE COMMISSION Approve a contract award to Stanley Convergent Security Solutions, Inc. in the amount of $22,261.00 for the installation of Phase II of the security/fire monitoring system at the Water Treatment Plant; P/N 2010-059. BACKGROUND In September 2007, Stanley Convergent Security Systems (SCSS), formerly HSM Electronic Protect Services, was issued a purchase order in the amount of $10,963.00 for replacing the damaged fire alarm panel at the Water Treatment Plant Administration building. During project permitting, the Fire Department required modifications and upgrades to the existing system to bring it into compliance with current fire code; they required additional strobes, pull stations, a duct detector, smoke detectors, horns, and repositioning of some sensors. The upgrades cost an additional $4,034.00, for a total cost of $14,997.00. This completed installation of Phase I of the system. In addition to the system upgrades mentioned above, the Fire Department, as well as an insurance audit conducted for the City by Starr Technical Risk Agency, Inc. (page 15 of the attached report), highly recommends the monitoring system be expanded to the Pump Room Building/Break Area and the second floor Control Room; referred to as Phase II of the system. Funding for Phase II was approved in the current CIl' in the amount of $30,000. Staff recommends awarding to Stanley Convergent Security Systems, Inc. for installing Phase II of the Security/Fire Monitoring system at the Water Treatment Plant. The award to SCSS will allow continuity of the system components and monitoring under one vendor. FUNDING SOURCE Funding is from account #442-5178-536-64.90, Water and Sewer Renewal & Replacement/ Other Machinery and Equipment in the total amount of $22,261. RECOMMENDATION Staff recommends award to Stanley Convergent Security Systems, Inc. in the amount of $22,261.00 for the installation of Phase II of the Security/ Fire Monitoring system at the Water Treatment Plant. ,~ ;', ~ rl,..t..rr. Security aufuhuns ar~tr~t is~~~° This agreement batvvaen Stanley Convergent Security Solutions, Ina ("SCSS") and Delray Water Treatment Plar1t "Customer} supplements and amends the Contract Agreement between the parties dated (the "Agreement") covering the furnishing of service and equipment to the Customer's premises at 200 S. W. 6th ST Delray Beach FI 33444 intending to be legally bound, the parties further agree that 1. The initial term of the Agreement is hereby extended for a period of sixty (60) months from the date hereof and shall thereafter automatically renew as set forth in the Agreement. 2. ff additional service and equipment are to be furnished tD the Customer at said premises, then only such additional service and equipment shall be furnished as is described in the Terms and Condifions set forth below (or in a separately attached Terms and Agreements). In such event Customer agrees to pay to Stanley Convergent Security Solutions, Inc. the installation charges indicated below by paying an amount equal to 50°'a of the total installation charges at the time of signing this Agreement and by paying the amount of the BALANCE DUE upon completion of the installation. Further, the Customer agrees to pay to Stanley Convergent Security Solutions, Inc. the amount of the additional Recurring Service Charge indicated below, in advance during the term of this Agreement on the same periodic payment schedule as the other recurring service charges set forth in the Agreement. (a) Any additional service and equipment provided pursuant to this Rider shall be governed by the provisions of the Agreement, including without limitattlon the provision of Section 4 ('"Liquidated Damages and SCSS Limits of Liability"'). 3. To the extent the agreement is modified other than as set forth in Section 2 hereof, such modifications, if any, will be set forth in the Schedule of Service and Protection section hereof. 1"errfws arrd Canditians ty Er ui ment Qt Existin E ui ment 12 System Sensor 2 Wire Horn/Strobe standard cd 4 S stem Sensor Strobe standard cd 11 Manual Pull Station with Honeywell Logo 1 System Sensor 2 wire hom/strobe outdoor std cd 1 STI Sio er cover w/horn 1 Honeywell Power Products 6A 24VDC F/A NAC POWER SUPPLY _ Special Instructions I Notes - --- --- ---- - SCOPE OF WORK: E ADDITION TO EXISTING INSTALL -THIS IS SECOND PHAS -INSTALLATION TO BE DONE AS PER SUBMITTED ENGINEERED PLANS AHJ(AUTHORiTY HAVING JURISDICTION) RESERVES THE RIGHT TO MAKE 3 Control Relays ALLATION PR/CE CHANGES THAT MAY CHANGE THE TOTAL INST Services peciallnstructions Notes Service Plan Fire Alarm Test and Inspect Installation Charges Recurring Services Charge Installation Price $22,261 DEPOSIT RECEIVED Monthly Fee Payment Frequency Sales Tax (if applicable): (50! of Total Installation CharOes) $2t 1 Total $22,261 BALANCE DUE $22,261 The Agreement shall remain in full force and effect in accordance with all the terms and conditions thereof, modified only to the extent herein specifically provided for. Said Agreement as so modified constitutes the entire agreement betveeen the parties, which Agreement cannot be further modiried except by another written agreement executed by the parties as herein set forth. The Rider is not binding unless approved in writing by an Authorized Representative of SCSS. If such approval is not obtained, SCSS only liability shall be to return to Customer the amount, if any, paid to Stanley Convergent Security Solutions, Inc. upon the signing of this Rider by its Security Representative. Stanley Convergent Security Solutions, Ina Delray WalerTreatmenl Plant Customer Carlos F. Barrett By Security Representative By Approved Authorized Representative Title Date L'~c, rr RL (~-' - t irYf'- 1 cf L 'F'" ~rd11]Iln Rd. • • ~ : . AL 3Gi i6 {334) 26a-5J.*,d. AZ ROC30.5Jv. CA AC{r^-iS, 84^.0•^ •... -any c{'-...•... a :..,toed and rn ' `~. •".. ~ ~.^°.. M -. 51 ai:e Seri. • s rM.•.• •~mnr _ '. I 1151 :'.. f: ~a 1sxvcip, to e 3/ {":_:, Nd E CA 556': ' +~ 'i ~ -U _:^' :~wi:: ~ i GA.PEG.LVUSGS$CiG. IL 12ICAt2ld. LA Df1l3; Ei L?t ~!'e t: "GIDl~i tl4 - _ r ~~ ch.....J S ,. 3G4f -..14 "'. 1501:'.3: A.1. t.. il'' -'."i_.._-.'i1G3, 1. __ '.'._'~::'. cf Sra"n. NC Ito C6A; ilIJS6P-LV. Atamt >Y; xm.aL n JE' _:t rv'. ":e. t^' '.::: >~i=i'i fTH `v3 ~,:-: 6R 161St: P EAaiUt. Tt1Gi oU,lnraU2144 RCR<u3y, e+ns wn iv, >au y,.:PV]S Lama:o.o.. AUS4n,T%~~.l3. Ui 5lD4~G~GYJt.VA )1~42a:; 2105 091Y3SA.Gmrr:r, n. ~Vi +Dz F'. ''~, .v ~arv'rxS. E_____:E ai ~trxett atyr -:.:.: i. YA 23213. V! H EC LV~A-32; TLY~0.-t5]31- CSS Estimator%Is' Rev 6l1f2009 (2) STANDARD FORM OF AGREEMENT BETWEEN CITY AND CONTRACTOR THIS AGREEMENT made this day of 20_, by and between the CITY OF DELRAY BEACH (hereinafter called CITY) and Stanley Convergent Security Systems, Inc. (hereinafter called CONTRACTOR). WITN ESSETH: The CITY and the CONTRACTOR in consideration of the mutual covenants hereinafter set forth, agree as follows: 1. The undersigned CONTRACTOR hereby represents that he has carefully examined all Contract documents, and will perform the contractual requirements pursuant to all covenants and conditions. 2. The CONTRACTOR, as evidenced by the execution of this contract, acknowledges that it has examined the physical characteristics of the job requirements. The CONTRACTOR further acknowledges that the bid price includes all costs and expenses required for the satisfactory completion of the contracts requirements. 3. The contract between the CITY and the CONTRACTOR shall include the following documents which are attached hereto and incorporated herein by reference of the following: CONTRACT DOCUMENT (S) Standard Form of Agreement Corporate Acknowledgment Certificate Insurance Requirements Sample Insurance Form PAGE NUMBERS 1-5 6 7 8-9 10 -11 Page 1 CONTRACT DOCUMENTS (cont'd) Drug Free Work Place Certification (if not provided in other bid) Performance/Payment bond Proposal PAGE NUMBERS N/A N/A 12 4. The term of this contract shall commence upon execution of this agreement by both parties and shall continue for a period of 90 days 5. This agreement shall be governed by the laws of the State of Florida as Now and hereafter in force. The venue for actions arising out of this agreement shall be Palm Beach County, Florida. 6. All notices, requests, demands, and other given if personally delivered or mailed, certified mail, return receipt requested, to the following addresses: As to City: City of Delray Beach, FL 100 NW 1st Avenue Delray Beach, FL 33444 As to CONTRACTOR: Stanley Convergent Security Systems, Inc. 3082 N. Commerce Parkway Miramar, FI. 33025 954-430-6400 (office) 7. The CONTRACTOR shall not, without prior written consent of the CITY, assign any portion of its interest under this contract and, specifically, the CONTRACTOR shall not assign any moneys due or to become due without the prior written consent of the CITY. Page 2 8. The CITY and the CONTRACTOR each binds himself, his partners, successors, assigns and legal representatives to the other party hereto in respect to all convenants, agreements and obligations contained in the contract documents. 9. In consideration of ten dollars ($10.00) and other valuable consideration, the CONTRACTOR shall defend, indemnify and save harmless the CITY, its officers, agents and employees, from or on account of any liabilities, damages, losses and costs received or sustained by any person or persons by or in consequence of any negligence (excluding the sole negligence of the CITY), recklessness or intentional wrongful misconduct of the CONTRACTOR and any persons employed or utilized by the CONTRACTOR in the performance of this Project. CONTRACTOR agrees that negligent, reckless or intentional wrongful misconduct includes, but is not limited to, use of any improper materials or liabilities, damages, losses or costs caused by or on account of the use of any improper materials. CONTRACTOR agrees that negligent, reckless or intentional wrongful misconduct also includes but is not limited to the violation of any Federal, State, County or City laws, by-laws, ordinances or regulations by the CONTRACTOR, his subcontractors, agents, servants or employees. CONTRACTOR further agrees to defend, indemnify and save harmless the CITY from all such claims and fees, and from any and all suits and actions of every name and description that may be brought against the CITY on account of any claims, fees, royalties, or costs for any invention or patent, and from any and all suits and actions that may be brought against the CITY for the infringement of any and all patents or patent rights claimed by any person, firm, or corporation. Page 3 The indemnification provided above shall obligate the CONTRACTOR to defend at his own expense or to provide for such defense, at the CITY'S option, any and all claims or liability and all suits and actions of every name and description that may be brought against the CITY which may result from the operations and activities under this Contract whether the construction operations be performed by the CONTRACTOR, his subcontractor or by anyone directly or indirectly employed by either. This indemnification includes all costs and fees including attorneys fees and costs at trial and appellate levels. The CITY will pay to the CONTRACTOR the specific consideration of ten dollars and other good and valuable consideration as specific consideration for the indemnification provided herein. Furthermore, the CONTRACTOR acknowledges that the bid price includes said consideration for the indemnification provision. 10. This Agreement shall be considered null and void unless signed by both the CONTRACTOR and the CITY. 11. The contract documents constitute the entire agreement between the CITY and the CONTRACTOR and may only be altered, amended or repealed by a duly executed written instrument. Page 4 IN WITNESS WHEREOF, the parties hereto have executed this Agreement, the day and year first above written. ATTEST: CITY OF DELRAY BEACH, FLORIDA By: City Clerk ,Mayor Approved as to form: City Attorney WITNESS: CONTRACTOR: BY: (Print or type name and title) (Print or type name and title) (SEAL) Page 5 CORPORATE ACKNOWLEDGMENT STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of 20_, by (name of officer or agent, title of officer or agent), of (state or place of incorporation) corporation, on behalf of the corporation. He/She is (personally known to me) (or has produced identification) and has used his/her identification. (type of identification) as Signature of Person Taking Acknowledgment Name of Acknowledger Typed, Printed or Stamped Page 6 CERTIFICATE (If Corporation) STATE OF FLORIDA ) SS COUNTY OF ) HEREBY CERTIFY that a meeting of the Board of Directors of a corporation under the laws of the State of held on , 20_, the following resolution was duly passed and adopted: "RESOLVED", that , as President of the corporation, he/she is hereby authorized to execute the Agreement dated , 20 ,between the City of Delray Beach, Florida and this corporation, and that his execution thereof, attested by the Secretary of the Corporation and with corporate seal affixed, shall be the official act and deed of this corporation". I further certify that said resolution is now in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the corporation this day of , 20_ (Secretary) (Seal) Page 7 A. GENERAI. During the term of the contract with the City, the contractor shall procure and maintain insurance of the types and to the limits specified in paragraphs ~1) to %4) inclusive below. B. COVERAGE Except as otherwise stated, the amounts and types of insurance shalt conform to the following minimum requirements: 1. Worker's Com_ pensation -Coverage to apply for all employees for Statutory Limits in compliance with the applicable State and Pedera! Laws. In addition, the policy must include Employers' Liability with a limit of $100,000 each accident. 2. Comprehensive General L_iabii' -Coverage must be afforded on a form no more restrictive than the latest edition of the Comprehensive General Liability Policy filed by the Insurance Services Office and must include: a} Minimum limits of $300,000 per occurrence ~mbined single limit for Bodily Injury Liability and Property Damage Liability. b) Premises andlor Operations. c} Independent Contractors. d) Products andlor Completed Operations. e) No exclusion for Underground, Explosion or Collapse hazards. 3. Business Auto Policy -Coverage must be afforded on a form no more restrictive than tyre latest edition of the Business Auto Policy filed by the Insurance Service Office and must include: a) Minimum Limits of $300,000 per occurrence combined single limit ft~r Bodily Injury Liability and Property Damage Liability. b) Awned Vehicles. c} Nired and Non-Owned Vehicles. d} Employer Non-Ownership. 4. Cerkificate of Insurance -Certificates of all insurance evidencing the insurance coverage specified in the previous Insurance Administrator prior to commencement of work. T_he required certificates of insurance shall not only Warne the woes of noiicie5 tarovided, but shall also refer specifically to this bid and section and the above paragraphs in accordance with which such insurance is being furnished. and shall state that such insurance is required by such aragraphs_of this_confract; The successful bidder will include the City of delray 8 Beach as additional insured. If the initial insurance expires prior to the completion of the work, renewal certificates steal! be fu~ished thirty (30) days prior to tt~e date of expiration. Also, under the Cancellation section of the Insurance Certification the works "endeavor ta° and "but failure to mail s~€ch notice shat! impose no obligation or liability of any kind upon the company, its agents or representative" shall be crossed opt as indicated on the attached "sample of Insurance Certificate". 9 rrtr~~..~...ar~uwryc. ru~~y.,ue~an.....w.............~...- .~. ~CORt]_ CE~T~FlCATE ~F L~A,BILf1 Y1[ V'FR R. v. sotason rllgeacy, Inc. (~GTC) 21141 E Gin Blvd. Stuart Fla 34995 Bhpne:77Y-28?-3365 ~`ayc:772-28?-4439 .T i ~ gipgline, _ 1slc 5473 3~. 87e Drivs F,alce ;[orth !Z 3546? Y ~NSURA~1iCE `~'~'~"°°' ~~ ~ -1 06 05 08 I THIS C~TIF~CJITE i5 t43ilED AS A 1MTTER OF BiFORMATtOlrE QNLY ANO C41iFEltS I110 it~cHTs l#PON THE CERTlF'!ClITE ~pt.~. THIS cEItT~ICATE Oo~s ter ExT~Na OR ALTER T1iE COVERAGE APFOR~ @Y TH E POLlCIlrS BELCIAI, t;1913RER8 AFF~G COYE1tAliE - 1iiUC 8 !IJ$I;IZERA: L~CCI IasuratfYCe Cc~paa 2Q19S r~s~xft c ~~rr AVERAGES itE POf.tCrCS OF ~ LISIED BELOW }hVE BE'6+I IG4~ T4THE N61A7E6 W V~A80VE FOH TFE PQ.IGY P~23'OD ~AIL'117I~ N NIY #i~OLRf7E6B7I, 7F33d OR L~lE3ti10[I OF ANY t~H~RAiCf Oft QIF6t pOC(IY~If'MIH TOV17'P[7tTFi5 CERI~Ig47E INKY 6E' AN1Y PE-CtT11R6 7FE RL4RNrCE I~FOIalER6Y fl£ POLICIES 1]ES~ FlEAERI t5 SffB,fECf TOALL 7rE 7ERlM.a. t7¢YE1510N81MD p~pLICIES. Af3C1~GAE LMfIS StiOM;Tt MAY FYM1YE BE#>7EOl1F~BY Pal[) fJJ10~N6. :TR T1f~'E ~ lOEJCY MIAMIGR OR ~fIMi40lTT} dRE SEI¢RN. l1ABf.IFY ~ x //-Lf£GETIALLUISr.EIY L~[a00Ei1615 03/31/DS 03131/a9 f~ x0 x ca2a.~3-~.lf:t u 6TM_P6Gi>EGR7E L9~TAPPI.1£S POc PaLfcY Loc nuroMOBaF L1RBK.RY ~ AmAUra QAaOf#0744 03/3i/0B 03/31/09 ALL OVYEEP AIJIOS ~oArtres S Hi7E~A~.IiC3S X Ice~.ov~e~oAUrs+s r3iiRA6E LIAHLiIY AI+IK A7ffO LYt9tidIY ~ occtrz ~ aASlst~ l1l.ffif100311 ? 03/31/OS 03/31/09 t~Epuctfati; I7F19~IIDN f la , Opa ~~Y~~ ~ ~Y 45771 03/31/08 03/31/09 ~oca~ a Bgaipmeat !'loafer s~oaD~oo? 03/91/08 03/31/os ~l3,1 r3sL: iacl that rLOUtTIONf a Eaceulaaus ~ eYSOO~+ra sP~o~ 80 days nat:l.ce o~ ••~~••~l1atiom fox snnxters satioa cav~erage. Caam~Iltieal have tAe option to nrncal 1a daya fox aoa'paYmt4t- City of Delray Reach is 13.ated as additio;tal iassred per >sosa- OQ2t1: ?1WI7HSfAtANCs SSIED OR fTlpflS OF &J(!i E~H1' ~uplocrei~I+ci: ~ sl,a0o,oc0 , f too ooa .rrv~vwr~»ru ss,oao PE~M~LdAFNML~.ItY i 7.,0#IO,OpO GB~ERrLAGATE :2,a0a,000 PROQJCf&-L'OIE'Af7PAGG s2,40a,0oa twr ct,liGa,a00 { x~ ; (n ~ ; (PareordtlKn f Akf[OOf1Y-EAA(7~I f OTIETt ~4iIN Fh/YCC ; 11RO OfLY: AGG ; FJ,CII« iz,o0a,0oo AL~CJ-iE ;2,Ofl0,00a t s t SORI'LR~LiS x ,~ ~f:~+ctI~HT ;500000 ~~.st:-€~r~oYf~ i 500000 ea.f]ISFASE-?Otx.YtlrYr t500a0D Lim£t ~70,OD0 doc[ $1,aoa 13. CFRTFFICATE HOl.OER c.nn~.vf.W+i tir CI~p3 lltoULC ANI! ~Tlf ABOVE O f+f9l.ICCS BE CAlICSLEG TIf E1~iRAZ10AF aAT~ YIEIIE=-0F, TI6 t/i9t~R9Y~.F, EiR7~ MAI. 10+ GAYS tiIRli18t Nallr~m~Ti`~IaLS~lw~uiv'rleLe+~ eu-~ruLUn~iooowalt~,tf. MPO:E iIO oaLr.A,~ ort t~lnr aF ArIY~a~o Iaroll-nIE . ITS A~ aR City of Delray Seaat>< REPRElHRATAIEf. 100 ~x i8t l-ve Delray Beach FL 33444 ~~ ~MP4RTANT If the certificate holder is an ADDITIONAL 1N8URE~, the policy(ies~ mus# be endorsed. A statement an this certificate fines not confer ricfhts to the certificate holder irl lieu of such endorsement(s). If StJBI:iC~RTIQN IS WAIVED, sut~jeet tQ the terms and conditions of the poticy, certain policies may require an ertdnrserneM. A statement ors this certificate does n~ confer r+ghts to the certificate holder in lieu of such endorserrrent(s). t~ISCUIIMER The Certifi~te of Insurance an the reverse side of this forrr~ deer not c~stitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirnmtively or negatively amend, extend or alter the coverage afftarded by the policies listed thereon. 11 m T~F~ F~J'~ ~,~;EN~='~, INS=;. "~:~ r r>,~~, w~ ~ . .. City of Delray Beach Utilities Water Treatment Plant and Administrative Complex 200 SW 6th Street and 434 S. Swinton Avenue Delray Beach, Florida 33444 Property Inspection Survey Report February 18, 2009 All Starr Technical Risks Agency, Inc. (Starr Tech) inspections, recommendations, statements, programs and literature contained herein are purely advisory and for the purpose of assisting insureds in the evaluation of their loss control and operational procedures. No responsibility for management and/or implementation of loss control and operational procedures or programs is assumed by Starr Tech Starr Tech expressly disclaims any and all liability as to any results obtained or arising from any use of or reliance on such information. Neither Starr Tech's right to make inspections nor the making thereof nor any report thereon nor the recipient's compliance with recommendations, programs or literature shall constitute an undertaking, on behalf of or for the benefit of the recipient or any insured or others, to determine or warrant that any subject property is safe or healthful, or is in compliance with any law, rule or regulation. No insurance coverage for which an application may have been submitted to Starr Tech is deemed to be approved or bound in any manner. (Rev 1.08) ®` - TARR TECH EXECUTIVE SUMMARY This report documents aproperty/fire protection re-inspection survey conducted by Starr Technical Risks Agency, Inc. (Starr Tech) representative Arthur Hall of this water treatment facility and administrative complex. Personnel conferred with included: Mr. John Bullard, Plant Manager Mr. Juan Manzano, Compliance Division Manager Mr. Ben Soto, Safety Specialist Mr. Bob Diaz, Construction Manager The plant's fire protection features were evaluated in accordance with NFPA 1142, Water Supplies for Suburban and Rural Fire Fighting, and Starr Tech standards. The level of fire protection systems and human element programs provided are generally good and meet current industry standards with only a few exceptions. The three recommendations for this facility address the extension of automatic fire protection into unmanned spaces having combustible contents. Name of Insured: City of Delray Beach ~ Property Inspection Survey Report Name of Location: WTP & Administrative Complex February 18, 2009 Delray Beach, Florida 33444 ®` - TARR TECH OCCUPANCY AND CONSTRUCTION The City of Delray Beach withdraws water from a shallow underground aquifer known as the "Anastasia Formation". There are 30 raw water wells located throughout the city from which water is drawn and piped to the water treatment plant. The facility is currently operating under awater-use permit issued by the South Florida Water Management District. This permit allows for the withdrawal of up to 22-million gallons per day (MGD) with an average daily consumption of 16 MGD. The City of Delray Beach Water Treatment Plant utilizes what is known as a "lime softening process" to treat raw water prior to distribution to customers. The plant is capable of handling 26.5 MGD. Water enters the plant from four well fields (the fields are referred to as: 20 Series, Golf Courses, Merikomi Park, and Eastern, respectively). There are 30 individual wells pumping raw water from the aquifer to the plant through one 12-inch, one 18-inch, one 20-inch, and one 30-inch diameter pipelines. At this point, ferric chloride is introduced prior to the water entering the aerators. Water entering the plant is lime softened. Upon arrival at the plant, the raw water is aerated to remove natural gases. j,,. ~, ~~ ""'~>.. `"`,, ..:...-;::Aerators The water is then blended with lime in a clarifier for softening, color removal, and iron removal. Before entering the up-flow softeners, a coagulant is added to enhance the lime slurry and change the compounds that cause the natural hardness found in raw water into an insoluble floc. The chemical reaction between the lime and the calcium components in the water forms a particle heavier than water that settles out as calcium carbonate sludge. The sludge is removed from the clarifiers and is pumped to one of two sludge thickeners (rated at 700,000-gallons per day). ;k=s~~=~"2. ~~ R `"~ _s, , ~l ~ ; ,~ . ~, '~ ~~~ ~ y' Name of Insured: City of Delray Beach 2 Property Inspection Survey Report Name of Location: WTP & Administrative Complex February 18, 2009 Delray Beach, Florida 33444 ®` - TARR TECH ±~ ""' ,,~ +~ ~` ,:, lYe 7r ~ za'` ';'- ,~," ~'' x'11 ~ a' w,i -Clarifier The thickened sludge then enters the Dewatering Building where two vacuum dewatering belts remove excess moisture prior to the sludge cake being trucked off premises to a landfill. Vacuum Dewatering Belt Softened water is then sent to the recarbonating basins where it is treated with carbon dioxide to produce water that is neither corrosive nor scale forming. ,,. . ., ,. ,~ *,wr ~ , ? „ ._ ,~~~~:"~ ~.; Carbon Dioxide Tank Fluoride (in the form of fluorosilicic acid) is added to provide for a one ppm concentration after re- carbonation. Softened/blended water is then filtered through one of the three-element filter beds (anthracite coal, sand, and mixed gravel) after having been pretreated with liquid chlorine bleach and ammonia in one of the chlorine contact chambers to reduce algae growth in the filters. Name of Insured: City of Delray Beach $ Property Inspection Survey Report Name of Location: WTP & Administrative Complex February 18, 2009 Delray Beach, Florida 33444 ®` - TARR TECH The ammonization chemical that is used at this facility is 100% anhydrous ammonia. The ammonia is stored in two 1,000-gallon welded-metal tanks located between the Chemical Building and the Control House. The tanks are equipped with pressure and vacuum relief valves. ,,- ;a " , _~, ~.., .w.w~:1 , .. ro i~ ., .,.~r. ice, nl 1 T " u ~, . , -- ~ ~_. ~ , ~ _.. ~~. , - Ammonia Tanks The chlorine storage room, that is enclosed and provided with a sniffer system and an automatic room air scrubber, has been vacated and all associated chlorine handling equipment removed. The previous gaseous chlorine system was converted to a liquid (10.5% sodium hypochlorite) system in the third quarter of 2006. Two 10,000-gallon PVC containers of liquid chlorine (bleach) have taken the place of the one ton liquid/gas chlorine cylinders. ~~ R t4 .'i:~ ~.rZ"::~ ~: I~ -..1 ec ~ Iy^ i II ~.~>~ I r~ ~ ~ ~ 1 I~ ~' t`( ~~ ~^rll aif ~',i i~ ~ ~ "~ .. $ j~ ~_ .. ,~ ~r~~'~ ~;;~- 4 `~ ~'„ ~ Bleach Tanks The station fluoridation system is designed to provide treatment of raw water with fluoride. Hydro-fluorosilicic acid is used. A single transfer/metering pump is used to transfer the diluted fluoride from the 6,000-gallon storage bin to the reservoir inlet lines. Providing treated water to the gridded water distribution system are three transfer pumps (5,000 gpm; 8,500 gpm; and 10,000 gpm capacities, respectively) and four high service pumps (2,000 gpm; 3,300 gpm; 3,500 gpm; and one variable-frequency drive pump rated for 0-3,300 gpm). High Service Pumps Name of Insured: City of Delray Beach 4 Property Inspection Survey Report Name of Location: WTP & Administrative Complex February 18, 2009 Delray Beach, Florida 33444 ®` - TARR TECH On-site water storage consists of one two-million gallon and one 500,000-gallon above-ground reinforced concrete tank and one 500,000-gallon welded-steel elevated tank with the bottom of the tank at 157 feet above grade (approximately 68-psi static pressure). ~~ ~~~1,.Y'I „sx- Elevated Tank The structures on this municipal facility are well spaced over its 45-acre lot area. Residential and light commercial occupancies surround the property. Open areas between structures are grass covered with a mix of paved and gravel roadway access ways to the various key structures. Chain link fencing surrounds the entire property. The site is fully lighted. The Water Treatment Plant (WTP) includes a Control House connected by a communicating hallway structure to the Administration/Laboratory Building. The Control House has the (WTP) Control Room on the second floor and break room/pumps and switchgear on the first floor. The Administration/Laboratory Building houses the administrative/laboratory offices, an employee locker room, and a water quality lab. These buildings are constructed of concrete block walls with reinforced concrete pilasters and bond beams coupled with pre-stressed concrete roof and floors. The Lime Storage Building, Chemical Building, and former Chlorination Building use a Dryvit (stucco/wire lath/Styrofoam) exterior treatment over concrete block with reinforced concrete pilasters and bond beams with built-up roofing systems over post-tensioned reinforced concrete roof. The Administrative Complex (434 S. Swinton Avenue) is a one-story contiguous structure housing administrative offices; public works offices, garage, and warehouse; fire truck repair space; meters/truck wash area; and animal shelter. This structure has concrete block exterior walls reinforced with reinforced concrete pilasters and bond beams and reinforced concrete "T-beam" roofs with built-up roofing systems. For both locations, hurricane shutters are provided for all windows. Other critical equipment is within non- combustible enclosures and not subject to weather exposures. A new Environmental Services Building was constructed in 2008 and received its certificate of occupancy in November 2008. The building is 10,790 sq. ft. in area has a slab on grade floor and concrete block walls with reinforced concrete bond beams and a stucco fagade. The roof is comprised of a standing seam metal panel over self-adhering underlayment on three-quarter inch plywood on pre-engineered wood trusses. Window glazing is impact resistant. The entire structure is rated a wind resistance of 155- mph. Name of Insured: City of Delray Beach 5 Property Inspection Survey Report Name of Location: WTP & Administrative Complex February 18, 2009 Delray Beach, Florida 33444 ®` - TARR TECH ~,; ,s ':'~~ a~, ~~. ., ~;:~ i~111M~ ~; ,ti _. ... ~,_ ~~ Environmental Services Building Lobby All of the water treatment vessels are of reinforced concrete construction with either fixed concrete roofs or open top construction. Water storage vessels are of reinforced concrete construction. None of the vessels on site require back-up diking. The plant transformers are located on a graded land that would not permit a possible oil spill from influencing any of the sites structures. INSPECTION PROCEDURES A. Electrical -Extensive operating procedures are in place. Regular preventive maintenance actions are performed by plant personnel and outside contractors. Annual in-house thermographic surveys are performed with remedial attention given to all problem areas. B. Fired Equipment - No such equipment is installed. C. Pressure Vessels -None requires inspection. D. Rotating Machines -None requires inspection. E. Record Keeping -Daily log taking is performed. HUMAN ELEMENT LOSS PREVENTION PROGRAMS The plant does not have a formal structural fire brigade but employees are encouraged to meet incipient fire challenges as well as ensuring full building evacuation priorto fire department arrival. Formal hot work and lock-out/tag-out programs are in place with appropriate documentation available. There is a formal procedure of documenting and tracking impairments to ensure that protection is returned to normal as soon as possible. The facility has a sound preventive maintenance program as well as predictive maintenance program in place. Self inspections address all aspects of plant operations and include fire protection equipment. All fire protection equipment is well maintained and tested on frequencies outlined by the NFPA. Maintenance and maintenance record keeping is very good. ~,~., m~.~ -.~ ti illllluumulllu 7,~wi ;a ~ i VIII. Ei I .~ ~~'' . ~ ; . .. Name of Insured: City of Delray Beach g Property Inspection Survey Report Name of Location: WTP & Administrative Complex February 18, 2009 Delray Beach, Florida 33444 ®` - TARR TECH Considering the nature of the industry, housekeeping was very good. Management displays a sincere interest in loss control and property conservation. WATER SUPPLY AND PROTECTION Water Treatment Plant and Environmental Services Building: Buildings are not sprinkler protected but there are public hydrants strategically located on the plant site. The fire department has multiple suction sources to perform physical fire fighting around the property. There are an adequate number of hand-held extinguishers available for use. No watchman service is provided. The water treatment plant is manned around the clock, seven days a week, with a plant operator roaming the premises during the second and third shifts. Administrative Complex: All buildings are sprinkler protected using hydraulically calculated, wet-pipe systems adequately designed for the nature of the occupancy. There are public hydrants located on the site. The fire department has multiple suction sources to perform physical fire fighting around the property. There are an adequate number of hand-held extinguishers available for use. No watchman service is provided. EXPOSURES FLOOD: This facility is located in a Flood Zone X (Unshaded), placing the facility outside the 500-year flood elevation. All structures are well above the surrounding grade elevation and would not be subject to flood exposures. Flood zone location was determined from FEMA Map Number 1251020004D dated January 5, 1989. NOTE: This location is outside of any storm surge exposure. WINDSTORM: All buildings and structures are solidly anchored with wind resistance ratings suitable to the hazards that are to be expected. A wind speed gauge has not been provided. This property lies within a Tier 1 county and is susceptible to high wind conditions. This region of Florida is susceptible to hurricanes although the frequency of direct hits is relatively low compared to other areas of the state. The windstorm design of the building and roof design is adequate. The tornado frequency is considered to be Very High according to the Munich RE natural hazards assessment network. The windstorm design of the building and roof design is adequate. LIGHTNING: Lightning poses a significant exposure in this region of the country and is rated as a Zone 2 according to the Munich RE natural hazards assessment network. Adequate individual structural grounding covers all main structures. Suitable grounding and bonding of key electrical components has been made. This protection is considered satisfactory. Name of Insured: City of Delray Beach 7 Property Inspection Survey Report Name of Location: WTP & Administrative Complex February 18, 2009 Delray Beach, Florida 33444 ®` - TARR TECH SINKHOLE/SUBSIDENCE: Sinkhole and subsidence potentials are slight within this area of Florida. EARTHQUAKE: The property is located in Earthquake Zone 0 (least likely to occur according to the Munich RE natural hazards assessment network.). INTERNAL/EXTERNAL EXPOSURES: There are no airports within close proximity of the plant and the plant does not reside in the take-off or landing glide path of any airport. HAIL: There is no exceptional risk from hailstorm in this region although the property lies within the Medium Risk of Exposure according to the Munich RE natural hazards assessment network. TERRORISM/SABOTAGE: There is no specific threat to this facility, which is remotely located and not an obvious target. Adequate security precautions have been put in place. SPOILAGE/CONSEQUENTIAL EXPOSURE: Not Applicable UTILITY INTERRUPTION: Adequate on site power generation and battery back up to maintain plant operations during an outage. BUSINESS INTERRUPTION Business interruption potential is considered negligible because all the functions of this property can be performed manually. This property is required to meet a Class I reliability standard that calls for redundant equipment on all critical operations. Pumping capacity throughout the property exceeds 150% and there are three (two- municipal substations and one on site generator) sources of electrical power, each capable of providing 100% of plant requirements. OTHER ITEMS OF INTEREST The second floor laboratory located in the Administration/Laboratory Building has two separate lab areas provided with very sophisticated equipment. One room contains a gas chromatograph valued at approximately $250,000 and the other dedicated lab has an atomic mass spectrograph valued at approximately $750,000. Both areas are provided with automatic fire alarms but would be subject to unusually high contents loss in the event of a fire. Name of Insured: City of Delray Beach $ Property Inspection Survey Report Name of Location: WTP & Administrative Complex February 18, 2009 Delray Beach, Florida 33444 ®` - TARR TECH SPECIAL HAZARDS Electrical/Emergency Power Emergency electrical power is supplied by two diesel engine-driven generator sets that are enclosed in weather-proof metal structures. The units are rated at 1,000-kW and 200-kW, respectively. The 1,000-kW unit replaces an older 800-kW unit and can provide 100% of the plant's utility demand for up to 14 days without the 200-kW unit operating. The 200-kW unit is dedicated to the Administration/Laboratory Building and is capable of providing 100% of that building's demand load. The generator engines receive fuel oil from above-ground, welded-steel storage tanks that are dedicated to the individual units. The tanks have capacities of 6,000 and 1,000 gallons, respectively, and are provided with reinforced concrete containment dikes. ~:;_~ k l ,-~i.'Sc ~~~~~~/ 200-kW Emergency Generator !s i ~ ~ f' ~~~ ~_ h "~, ,- ~~ t~~~.. 1,000-kW Emergency Generator The generators have been provided with a full complement of fuel burner combustion safeguards as well as flexible fuel line connections with overflow return to the storage tanks. The plant has a single feed from two utility company substations (preferred and alternate) as well as an automatic transfer switch for the generator equipment. All transformers on site are documented as being non-PCB contaminated. The control room monitors all generator functions. Protection is considered adequate. Recommendations: Provide automatic fire detection and alarm capability for the 1,000-kW generator enclosure. Ammonia The ammonization chemical that is used at this facility is 100% anhydrous ammonia. The ammonia is stored in two outside 1,000-gallon welded-metal, DOT-approved tanks located between the Chemical Building and the Control House. The tank is equipped with pressure and vacuum relief valves. The storage tanks are equipped with visual level indicators that are monitored by plant employees during each operating shift. Name of Insured: City of Delray Beach g Property Inspection Survey Report Name of Location: WTP & Administrative Complex February 18, 2009 Delray Beach, Florida 33444 ®` - TARR TECH Protection is considered adequate. Recommendations: None Chlorine All gaseous chlorine handling equipment has been removed and the chlorine storage facility vacated. The previous gaseous chlorine system was converted to a liquid (10.5% sodium hypochlorite) system in the third quarter of 2006. Two 10,000-gallon PVC containers of liquid chlorine (bleach) have taken the place of the one ton liquid/gas chlorine cylinders. Protection is considered adequate. Recommendations: None Name of Insured: City of Delray Beach ~ p Property Inspection Survey Report Name of Location: WTP & Administrative Complex February 18, 2009 Delray Beach, Florida 33444 ®` - TARR TECH COMMENTS This facility converted from the use of gaseous chlorine to aless-hazardous liquid bleach during the third quarter of 2006. Recommendations were reviewed with plant personnel and should be completed during the next fiscal year. t3escriptlvn CSperating IIMaxGnwmn ILevels Level'' Min~p'N Maxim +G3verfUornr FEAT In 4"aaNl~ns CLFAF~4JVLLL 3.0 7.9 8.3 ..... FLAT 1.0 rmilll'uvn Gatllans N'~N~TH 3 5 l~ '~ 13.1 IFET 2.0 rni9liiran alUcans 50QJTH 2.5 13.0 13..9 IFE. E T` ~.5 r~ill9ara aUlgn~s Tt~',~JEIR 5.0 3a.0 40..0 BEET 500,000 a19¢~a~s C.F 0.0 12.5 17.0 FEET 1.0 rtr~9Uli~an CaNlw.~as t~NULLLI~ 4.0 343..0 31..0 FEET 2.5 rtniiYVicn Gal!: ns ~G'iarlfiers 1 ~ 2 ?t3'4,000 GIALLC3NS CAPAGIIT~° Claa~tfiers 3 & 4 ~1~43,00:0 CALLw;3N5 CAI'AGNTY' CHEA~IICAL C~APA~CITI E;1 LI~1F 220,000 LIBS. IEA~T ILC3 LIt~IF 220,U~00 LBS. WEST S1L~3 FIE1~FiIIC GHLQF'~If~P 8,500 GALS. TANK.. P~7LYIu1l~' 750 CaJ~L~. TANI41 4~PL9~ATUNGLV~VFL19"`TG351"" P40LYla1FR 75'0 GALS. TANK 2 IEACH tti~193C 379.411 6;ALS..1 13C CL2 B~ILEACIH 10,'000 GALS. SAST TANK 4~L2 BLEACIH 10,000 G~,ILS: '~PF;ST TANIK AMuNNVYOYiWdA 1,0~0~0 GALS. EAST TANK ~I~V~(3N9A '9,0.00 CALS. IFSTTANIK ~F'I'~N~G75Y~IATE 500 G.~,LS. FAST 'TANK. 26"' TC) EAGIH IMISi 1 PI~CDSFIAT9E 5030 F~LS. l~p`B~STT~4RJU~ 50L6.I'A LU~L1ttIt7F 6°100 G~,La. TANK.. DAYTANK• 1~'S0L6, TC34661,C3. G4~2 104ti,O~OG3 IES. TANK _ ° Tanks Name of Insured: City of Delray Beach ~ ~ Property Inspection Survey Report Name of Location: WTP & Administrative Complex February 18, 2009 Delray Beach, Florida 33444 ®` - TARR TECH . ~.M. TN t3 T.~F FT' ' ,,' 1~' .R' r~, ~~ 1 4 AlY 1,~ L _ 3 rl' ~ # ~A~,.,~ 1. -i :ten 4,.! ~M1.A' ~ . ~~I ~_.~ r~ r4 ~ ~ ~ . Site Plan Name of Insured: City of Delray Beach ~ 2 Property Inspection Survey Report Name of Location: WTP & Administrative Complex February 18, 2009 Delray Beach, Florida 33444 ®` - TARR TECH ^ ^ ~i~ii~','~~, # .__ ... ,, , , ~ ~N ^^ s i i ht 1r. y * ~ I ._~~~~~~ ~~' ~. .~. .~ :~ w ~, ~,: TOPO Map ' ~ ~ ~ ~ W _ ilh„ 9~h~ Pik ... ............. ~........ ° ........... ~F ~ a:i; W ~:, s c.. f ,. ~ rwn ~ C~ ~~~ ',,, pr w`] ',, ~ 1~ Name of Insured: City of Delray Beach ~ $ Property Inspection Survey Report Name of Location: WTP & Administrative Complex February 18, 2009 Delray Beach, Florida 33444 ®` - TARR TECH ~, __{ _l FF, :r A1~1400- ~N&Ai~k[t .p'.f P.AV F I R1N~ F~.mmi i~sm~ur~c€ ~~rr ~~r C041Wd91NtlTY-PWWE4. NAXAFA ~;s9W~ UuA.d d M,,P,p IPFYI; Fn. aa~vuWr ~.~-~+ Flood Map Name of Insured: City of Delray Beach ~ 4 Property Inspection Survey Report Name of Location: WTP & Administrative Complex February 18, 2009 Delray Beach, Florida 33444 ®` - TARR TECH RECOMMENDATIONS All Starr Technical Risks Agency, Inc. (Starr Tech) inspections, recommendations, statements, programs and literature contained herein are purely advisory and for the purpose of assisting insureds in the evaluation of their loss control and operational procedures. No responsibility for management and/or implementation of loss control and operational procedures or programs is assumed by Starr Tech Starr Tech expressly disclaims any and all liability as to any results obtained or arising from any use of or reliance on such information. Neither Starr Tech's right to make inspections nor the rrraking thereof nor any report thereon nor the recipient's compliance with recommendations, programs or literature shall constitute an undertaking, on behalf of or for the benefit of the recipient or any insured or others, to determine or warrant that any subject property is safe or healthful, or is in compliance with any law, rule or regulation. No insurance coverage for which an application may have been submitted to Starr Tech is deemed to be approved or bound in any manner. (Rev 1.08) PRIORITY: RECOMMENDATIONS TO CORRECT CONDITIONS THAT ARE SERIOUS ENOUGH TO AFFECT THE OVERALL FIRE SAFETY OF THE FACILITY OR THAT PRESENT AN IMMEDIATE POTENTIAL FOR LOSS. P07-08-01 In order to reduce the probability of an incipient fire hazard growing out of control, consideration should be given to the extension of the existing automatic fire alarm system provided for the Administration/Laboratory Building into the following areas of the Control House: a. Second-floor Control Room b. First-floor Break Room/Switchgear area Comment: The recommendation has been funded and improvements will be made this year. ADVISORY: RECOMMENDATIONS TO CORRECT CONDITIONS TO ACHIEVE AND MAINTAIN A REASONABLE OVERALL LEVEL OF PROPERTY PROTECTION. P09-02-01 In order to reduce the probability of a concealed fire from creating an undo exposure hazard consideration should be given to the installation of an automatic fire alarm system within the 1,000-kW emergency generator enclosure "hard-wired" to the plant annunciator panel. The installation should be performed in accordance with NFPA 72, National Fire Alarm Code. Comment: Taken under advisement. P09-02-02 The area previously occupied as the chlorine cylinder storage building is currently being used as a storage area for transient combustibles. If the combustible storage is to remain within this structure, consideration should be given to the installation of an automatic sprinkler system capable of providing an Ordinary Hazard sprinkler density. A less desirable alternative would be the installation of an automatic fire alarm system "hard- wired" to the plant annunciator panel. The removal of all combustibles from this fire resistive structure would be another alternative. Comment: Combustibles to be removed. Name of Insured: City of Delray Beach ~ 5 Property Inspection Survey Report Name of Location: WTP & Administrative Complex February 18, 2009 Delray Beach, Florida 33444 ®` - TARR TECH ~. 5~ n ., ~' i ~ ~ - Combustible Storage Name of Insured: City of Delray Beach ~ g Property Inspection Survey Report Name of Location: WTP & Administrative Complex February 18, 2009 Delray Beach, Florida 33444 ®` - TARR TECH This report has been distributed to: Mr. Frank Babin, ARM Risk Manager City of Delray Beach, FL Electronic copy: babin(c~ci.delray-beach.fl.us Mr. Terry Stephen Bozelle Client Service Representative Arthur J. Gallagher, Miami Electronic copy: Terry Bozelle(c~aig.com Ms. Lisa Rodriguez, ARM, ARM-P Area Vice President Arthur J. Gallagher, Miami Electronic copy: Lisa Rodriguez(c~aig.com Name of Insured: City of Delray Beach ~ 7 Property Inspection Survey Report Name of Location: WTP & Administrative Complex February 18, 2009 Delray Beach, Florida 33444 MEMORANDUM TO: Mayor and City Commissioners FROM: Victor Majtenyi; Deputy Director of Public Utilities Richard C. Hasko, P.E.; Director of Environmental Services Department THROUGH: David Harden; City Manager DATE: November 9, 2009 SUBJECT: AGENDA ITEM 8.5.2 -REGULAR COMMISSION MEETING OF NOVEMBER 17, 2009 CONTRACT AWARD/CHAZ EQUIPMENT COMPANY, INC. ITEM BEFORE COMMISSION Approve an award to Chaz Equipment Company, Inc. in the amount of $29,500.00 for the emergency repair of the 36" Raw Water Main at the intersection of SW 7th Street and S.W. 15th Avenue. BACKGROUND On the evening of October 29th, 2009 (Thursday), Utilities staff was alerted to a large sink hole with running water at the intersection of SW 7th Street and SW 15th Avenue. Utility crews immediately responded and suspected a 36" Raw Water Main. To control the flow of water and to investigate the situation, the wells in the Morikami and Golf Course well-fields had to be taken "off-line". A thorough investigation revealed that a rupture occurred on a stub-out off the 36" polyethylene pipe providing raw water from these well-fields. By early morning, crews had the flowing water controlled to a minimum and the surrounding area secured; however, without a proper repair, the respective wells could not be placed back "on-line". The repair of this pipe was beyond the capabilities of our in-house resources. Staff contacted Chaz Equipment Company, Inc. (Chaz) for a quote to perform the necessary repair utilizing pricing under their active contract with the City of Boynton Beach for Emergency Repairs. The original scope of work was for the repair only, quoted as an amount not to exceed $20,000. The City Manager authorized the repair on an emergency basis. Chaz was mobilized within hours and by Friday afternoon proceeded to excavate the area. During excavation, Chaz encountered a welded flange section with a mechanically fastened collar, and a pipe size different than expected; the actual inside pipe diameter could not be verified until a pipe section was physically removed. These unforeseen conditions required a different repair than originally proposed, as wells as a larger excavation area. However, Chaz was successful in installing a temporary repair by late Friday evening allowing all wells to be placed back "on-line" for the weekend. Due to Chaz's quick response, none of the City's interconnects had to be opened. The final repair consisted of dewatering the site, removing the existing damaged section of poly pipe, fabrication and installation of an end cap to mate with the existing flanged end, and roadway restoration, which now had expanded in scope and was originally intended to be performed in-house. Chaz Equipment Company's, invoice includes the performance of the necessary utility repair as well as the associated roadway restorations for a total cost of $29,500.00. Their pricing is in accordance with an annual contract for "Repairs and Emergency Services for Water Distribution, Wastewater Collection, and Storm Water Utility Systems" through the City of Boynton Beach. That contract is active through December 2009. FUNDING SOURCE Funding is from account #442-5178-536-63.50, Water and Sewer Renewal & Replacement/ Water Mains in the total amount of $29,500.00, after a budget transfer. RECOMMENDATION Staff recommends approval of the contract with Chaz Equipment Company, Inc. in the amount of $29,500.00 for Emergency Repair of the Raw Water Main at SW 7th Street and SW 15th Avenue. I I ~ i ~ ~ ,~ ~ ~ ~~ ~ I~ L ~ ~ ~ ~ ~~ ~ ~,,. ~ ~ i,f~ ~ ~( ~ ~Pi ~~NN"~~i1V' ~~#~i~V"N~ ;~' ir'r'~"ILII$ "~ ,, ,r, ~, ~~ " 1 .,,, Ir~~~i~~ Cf~y ~f ~efe~y Be~~~r 434 S Stw'int~r~ Avg C~~Ir~y f3e~ch, ~'L 33444 CJ~te. 1~Ver(r~~~r 6a 2~~9 f~rar7tlal Contract liem No. C7escriPiman at 1Jid item Uni',t Tatal 1~ty Ta1a1 1 Prtal~i'Itratlan t:ms[s tar Plan- EtnerrJerssy LS ~ S,ggQ,pq 2 Emergency P:1a6mliaakiani t;asAs tae ftaae Lasarnent repairs lS ~ itl,ggq.47q q ^~ _ ~ Enrergancp P,1atr111aation Casis tar YJtility 9'?i~,gI7E ~afWlny fd~epairs LS w 'Rq',Od30.L14 NrYmluratrkl In i~lft:~n(y Iar~E~~^ ~1 Ftecartl 6rat~rkng LS S - P+1,I.C. 5 ConstnraNan «bwrvcY 1.5 ~a _~ N.I.C. G Pre-Canstructian Digatal PMatos Video 1.~ Per Prajecl N.1.C, a 141,4:T-Resldentlat $Ircat. L Pt,r Prajeat q ~ ~ E3 fd.4.T. City e~rterPal Fta~edKVxy LS Per Proje~rt By CV1y g k~1Ct~T-0147° Road3vaY LS Par PfaJe~et q 5 _. ip Density Tests EA $ SQ.q(1 By Cyty ii PractorTests Eft ~ 125..{}t} f~yt;rky 12 Flarda Deawing Value Tests Efk i 125.21q q ~. _. 53 1.Bfk Test Efti ~ 3LhP.gq q id Concrete i2," x E" Cyllonder Test Ela ~ igq.gq D $ Water tAa1n I;... iC4 ^uatile Roan Eik1ings ffarGVeter Pw9aMn t+rith ftaaessarkes TOE S 12,ggl.qq t7.5C125 IruoR RR1 " v iT3 w M~hmga.tskg Joint Ptestralnl for 11P E!S 2,fltpq.gD 1 Irk &r1 t'~1w~t~ Loooaser ' 213 G"' to 12""' Dla. Conner.tion to existira+J 4W!aler NAain (Joint liesiralnt for axisling pipe i5 not included) ~ 5,ggp.gl q 214 18" to ~4" Dia. Canneakian to existing V~taler hrFaim (Jaat FEeslraint Par exlstirtg pipe Is re~at inaludady ~ ~ iq,ggq qq D 215. 3f1" 1lamatcr Cannaatlan to exlsling 4?Jater h1an (Jaint Resiralni tar existing pins Is nat Inciud~ad) Ep $ 15,ggq.q0 p ' :~ " Page 1 9 216, 36"' Diameie~r Cs~nne~ctGa~n ka existing 1,Maker Ntein (Joint Rests&nt rar e~xlsking pipe is nark includsd) ~,~ ~, 2D,DtkD.DD 1 '2(k tbDD.Ytd'I 217 42- alameter Csnnecttan. ka exiskkng'WM+a1er Main (Joint Rsstraknt far sxistkng Pips Is nak Inckuded) ~ ~ 25,DOD.DD D 5 - R'estaraklan 354 Asphalt Pavement f2en~oval SY w iD.DD 1Dfk $ 1,DD4.DD 355 fvklll Pxiakkng Pavement (3d4"-i" awg.) i-SY ~ 10.DD p $ - 356 Aspftait overlay, Type S-III "SY Tan ~a 25D.DD D 5 357 i" 1"ype S-3 Surface Gsurse SY S 20.DD 1 Dk7 ~ 2,Dp0.DD 359 FdQ7 Flawakrls Fill G!( 175.DD D $ - 359 Leak.Repalrspstrarcfures)-Grouzlrrg GAL. 5 SDD.DO D 5 - 36g 6"' Llrnerackl crustaed concrete base, primed SY S 4D.Dp 361 S"' Lkmaarask/ crushed concrete Lase, premed SY $ 5L1.DD AiD4 S S,QDD.DO 352 12" compacted setrgrade, 99 /; T-i6k1 SY S 15,DD PoDD 5 1„5fld.DD ~' 9i"rsil Ponk sysksm end' ate-watsrtng 37d 4"n'elk Polnt system up ka 15p poinks compute with pump and )ekkhrg equlprnent V7,gY $ 2,54D.DD Open Pumparg tnchadsd in priefmg ~taova T'atallnva'ce,d,ma~int 29,50ia.fata kNmte: Scope far wrack per a##ached SclredcrJe A pr°fcin~r fs ra accordance wvi#ia Ci#y kaf ~oyn#on .Beach ,~Id C#S~-~82~-07"/.1A #i##ed `"~"epafrs and Enaer,~ency Serwrices far Via'#er his#ribtr#~ara, blrr~s#ewra#er eallec#iora, grad S#orrrawa'ter U#rfr#y Sys#enrls"' da#ed Augarst 7, 200T. Page 2 10 STANDARD FORM OF AGREEMENT BETWEEN CITY AND CONTRACTOR THIS AGREEMENT made this day of 20_, by and between the CITY OF DELRAY BEACH (hereinafter called CITY) and Chaz Equipment Company, Inc. (hereinafter called CONTRACTOR). WITN ESSETH: The CITY and the CONTRACTOR in consideration of the mutual covenants hereinafter set forth, agree as follows: 1. The undersigned CONTRACTOR hereby represents that he has carefully examined all Contract documents, and will perform the contractual requirements pursuant to all covenants and conditions. 2. The CONTRACTOR, as evidenced by the execution of this contract, acknowledges that it has examined the physical characteristics of the job requirements. The CONTRACTOR further acknowledges that the bid price includes all costs and expenses required for the satisfactory completion of the contracts requirements. 3. The contract between the CITY and the CONTRACTOR shall include the following documents which are attached hereto and incorporated herein by reference of the following: CONTRACT DOCUMENT (S) Standard Form of Agreement Corporate Acknowledgment Certificate Insurance Requirements Proposal Unit Price Sheet per City of Boynton Beach Contract PAGE NUMBERS 1- 4 5 6 7-8 9-10 attached -i- 4. The term of this contract shall commence upon execution of this agreement by both parties and shall continue for a period of 30 days 5. This agreement shall be governed by the laws of the State of Florida as Now and hereafter in force. The venue for actions arising out of this agreement shall be Palm Beach County, Florida. 6. All notices, requests, demands, and other given if personally delivered or mailed, certified mail, return receipt requested, to the following addresses: As to City: City of Delray Beach, FL 100 NW 1st Avenue Delray Beach, FL 33444 Attn: Victor Majtenyi As to CONTRACTOR: Chaz Equipment Company, Inc. 3180 Fairlane Farms Rd, Suite 1 Wellington, Florida 33414 7. The CONTRACTOR shall not, without prior written consent of the CITY, assign any portion of its interest under this contract and, specifically, the CONTRACTOR shall not assign any moneys due or to become due without the prior written consent of the CITY. 8. The CITY and the CONTRACTOR each binds himself, his partners, successors, assigns and legal representatives to the other party hereto in respect to all convenants, agreements and obligations contained in the contract documents. 9. In consideration of ten dollars ($10.00) and other valuable consideration, the CONTRACTOR shall defend, indemnify and save harmless the CITY, its officers, agents and employees, from or on account of any liabilities, damages, losses and costs received or sustained by any person or persons by or in consequence of any negligence (excluding the sole negligence of the CITY), recklessness or intentional wrongful misconduct of the -2- CONTRACTOR and any persons employed or utilized by the CONTRACTOR in the performance of this Project. CONTRACTOR agrees that negligent, reckless or intentional wrongful misconduct includes, but is not limited to, use of any improper materials or liabilities, damages, losses or costs caused by or on account of the use of any improper materials. CONTRACTOR agrees that negligent, reckless or intentional wrongful misconduct also includes but is not limited to the violation of any Federal, State, County or City laws, by-laws, ordinances or regulations by the CONTRACTOR, his subcontractors, agents, servants or employees. CONTRACTOR further agrees to defend, indemnify and save harmless the CITY from all such claims and fees, and from any and all suits and actions of every name and description that may be brought against the CITY on account of any claims, fees, royalties, or costs for any invention or patent, and from any and all suits and actions that may be brought against the CITY for the infringement of any and all patents or patent rights claimed by any person, firm, or corporation. The indemnification provided above shall obligate the CONTRACTOR to defend at his own expense or to provide for such defense, at the CITY'S option, any and all claims or liability and all suits and actions of every name and description that may be brought against the CITY which may result from the operations and activities under this Contract whether the construction operations be performed by the CONTRACTOR, his subcontractor or by anyone directly or indirectly employed by either. This indemnification includes all costs and fees including attorneys fees and costs at trial and appellate levels. The CITY will pay to the CONTRACTOR the specific consideration of ten dollars and other good and valuable consideration as specific consideration for the indemnification -3- provided herein. Furthermore, the CONTRACTOR acknowledges that the bid price includes said consideration for the indemnification provision. 10.This Agreement shall be considered null and void unless signed by both the CONTRACTOR and the CITY. 11.The contract documents constitute the entire agreement between the CITY and the CONTRACTOR and may only be altered, amended or repealed by a duly executed written instrument. 12. The Parties agree and acknowledge that the CITY is "piggybacking" off of the contract with City of Boynton Beach, Florida and that the terms and conditions of the contract shall govern unless they are in conflict with the terms and conditions of this Agreement, and in that event, the terms and conditions of this Agreement shall govern. IN WITNESS WHEREOF, the parties hereto have executed this Agreement, the day and year first above written. ATTEST: City Clerk Approved as to form: City Attorney WITNESS: (Print or type name and title) CITY OF DELRAY BEACH, FLORIDA By: Mayor CONTRACTOR: BY: (Print or type name and title) (SEAL) -4- CORPORATE ACKNOWLEDGMENT STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of 20_, by .(name of officer or agent, title of officer or agent), of (state or place of incorporation) corporation, on behalf of the corporation. He/She is (personally known to me) (or has produced identification) and has used his/her (type of identification) as identification. Signature of Person Taking Acknowledgment Name of Acknowledger Typed, Printed or Stamped -s- CERTIFICATE (If Corporation) STATE OF FLORIDA ) SS COUNTY OF ) HEREBY CERTIFY that a meeting of the Board of Directors of a corporation under the laws of the State of held on , 20_, the following resolution was duly passed and adopted: "RESOLVED", that , as President of the corporation, he/she is hereby authorized to execute the Agreement dated , 20 ,between the City of Delray Beach, Florida and this corporation, and that his execution thereof, attested by the Secretary of the Corporation and with corporate seal affixed, shall be the official act and deed of this corporation". I further certify that said resolution is now in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the corporation this day of , 20 (Secretary) (Seal) -6- INSURANCE REQUIREMENTS A. GENERAL During the term of the contract with the City, the contractor shall procure and maintain insurance of the types and to the limits specified in paragraphs (1) to (4) inclusive below. B. COVERAGE Except as otherwise stated, the amounts and types of insurance shall conform to the following minimum requirements: 1. Worker's Com ensation - Coverage to apply for all employees for Statutory Limits in compliance with the applicable State and Federal Laws. In addition, the policy must include Employers' Liability with a limit of $'100,000 each accident. 2. Com rehensive General Liabili -Coverage must be afforded on a form no more restrictive than the latest edi#ion of the Comprehensive Genera! Liability Policy filed by the Insurance Services Office and must include: a) Minimum limits of $300,000 per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability. b) Premises andlor Operations. c} Independent Contractors. d) Products andlor Completed Operations. e) No exclusion far Underground, Explosion or Collapse hazards. 3. Business Auto Polic -Coverage must be afforded on a form no more restrictive than the latest edition of the Business Auto Policy filed by the insurance Service Office and must include: a) Minimum Limits of $300,000 per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability. b} Owned Vehicles. c) Hired and Non-Owned Vehicles. d) Employer Non-Ownership. 4. Certificate of Insurance -Certificates of all insurance evidencing the insurance coverage specified in the previous Insurance Administrator prior to commencement of work. The required certificates of insurance shall not only name the t _ es of policies provided, but shall also refer yp ~ ~ specifically to this bid and section and the above ara ra hs in accordance with which such insurance is being furnished, and shall state that such insurance is reauired by such aragraphs of this contract. The successful bidder will include the City of Delray -~- Beach as additional insured. If the initial insurance expires prior to the completion of the work, renewal certificates shall be furnished thirty (30) days prior to the date of expiration. Also, under the Cancellation section of the Insurance Certification the works "endeavor to" and "but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents or representative" shall be crossed out as indicated on the attached "sample of Insurance Certificate". -s- City of Boyton Beach: Repairs and Emergency 5enrices for Water t7istributian, Wastewater Collactian and Storm Water Utility Systems 3180 FAIRLANF FARMS ROAb Item No. Description~f ~1'd~lt 3m~~~~ Unit Total 1 Mobillzatlon Casts for Non- Emergency LS $ 5,000.00 2 Emergency Mabiiization Costs far Rear Easement repairs LS $ 1 0,000.00 S Emergency Mobiiization Costs for Utility Right oof Way Repair; LS $ 1 0,000.00 4 Renard-9rawing L-S deleted Add #1 g Censtwstion-S~+wey ~S deleted Add #1 S Rre-G~tgitat~hetas r~S deleted Add #1 T M:e~Res~enuatStreet fps tteleled Add #1 8 M_@,T,-City~arteriat~Readway fps tteleled Attd #1 9 y f~s deleted Add #1 14 Density Tests EA $ 50.00 11 Practor7ests EA $ 125.00 12 Flarlda searing Value Tests EA $ 125.00 13 t.sR Test EA $ 300.00 14 Concrete 12" x B" Cylllnder Tost EA $ 900.00 Wastewater tnstall 8-inch PVC-0900 Sewer Main in Utility Right of Way at depth of: 1 B 0' - B' FT. deep LF $ 60.00 18 S' - B' FT. deep LF $ 80.00 17 8'-1a'FTdeep LF $ 905.00 18 1a'-12'FTdeep LF $ 945.00 19 12' -16' FT deep LF $ 200.04 Install 8 -Inch PVC - C900 Sewer Main fn Rear Easement at a dept of; 20 a' - 6' FT. deep LF $ sD.Do 21 B' - e' FT. deep LF $ 110.00 2z B' -1a• FT deep LF $ 145.00 23 9a'-12'FTdeep LF $ 185.00 24 12' -1fi' FT deep LF $ 250.00 Install 10 -Inch PVC - C9DD Sewer Main fn Utility Right of Way at a dept of 2fi a' - 6' FT, deep LF $ 70.00 26 B' - 8' FT. deep LF $ 100.00 27 8' -1a' FT deep LF $ 19 S.OD 28 1a' -12` FT deep LF $ 160.00 29 12' -16` FT deep LF $ 220.00 Install 10 -Inch PVC - C9DD Sewer Maln In Rear Easement at a depth of 3D a' - 6' FT. deep LF $ 95.00 31 5' - B' FT. deep LF $ 125.00 32 8' -10' FT deep LF $ 160.00 33 1a'-12'FTdeep LF $ 200.OD Page 1 City of Boyton Beach: Repairs and Emergency Services for Water Distribution, Wastewater Collection and Storm Water Utility Systems ~~l~l~'i~i~~vi t~U1VI~A~~, ~~~~ „en eeaol ewl` GAt)AAS Rf1A~ _........_ ---. _. .. vivv..w~... Item l~to. nn [~~ Descri ~d~~3~1~ Unit Total 34 12' -1S' FT deep LF $ 265.00 Install 12 -Inch PVC - C900 Sewer Mafn fn Utility Right of Way at a dept of: 35 0' - S' fT. deep LF $ 80.00 3fi 6' • 8' FT. deep LF $ 110.00 37 S' -10` FT deep LF $ 130.OD 38 1D' -12' FT deep LF $ 175.80 39 12' -16' FT deep LF $ 235.40 Enstall 12 -Inch PVC - C900 Sewer Main In Rear Easement at a depth of: b0 D' -S' FT. deep LF $ 115.00 41 6' - B` FT. deep LF $ 145.00 42 8'-1D'1=Tdeep LF $ 160.00 b3 10' -12' FT deep LF $ 225.00 44 12` -16' FT deep LF $ ~ 285.00 Install 1fi -Inch PVC - C900 Sewer Maln in Utility Right of Way at a depth of 45 D' - S' FT. deep LF $ 110.00 46 B` - B' FT, deep LF $ 140.00 47 6`-16'FTdeep LF $ 160.00 b8 10' -12' FT deep LF $ 210.00 49 12' -18' FT deep LF $ 275.00 Install 1fi -Inch PVC - C900 Sewer Maln In Rear Easement at a depth of 50 0' - S' FT. deep LF $ 140.00 51 6' - S' FT. deep LF $ 170.00 b2 $' -1D' i=T deep LF $ 210.00 53 10' -12' FT deep LF $ 255.00 54 12' - iS` FT deep LF $ 315.00 install ZO -Inch PVC - C900 Sewer Ma[n In Utility Right of Way at a depth of; 55 D' - S' FT. deep LF $ 150.00 56 S' - 8' FT. deep LF $ 990.00 57 $' • 10' FT deep LF $ 220.00 58 10' -12' FT deep LF $ 260.OD 59 12' -16' FT deep LF $ 320,00 Install 20 -Inch Pvc - C900 Sewer Main in Rear Easement at a depth of 60 0' - S' FT-deep LF $ 190.00 61 S' - e' FT. deep LF $ 240.00 fit 8' -1D' FT deep LF $ 270.00 fi3 1D' -12' FT deep LF $ 3'10.00 84 12' -1S' FT deep LF $ 385.00 instal! 24 -Inch PVC - C900 Sewer Main in Utility Right of Way at a depth of Page 2 City of Soyton I3each: Repairs and Emergency Services for Water Distribution Wastewater Collection and Sfarm Water Utility Systems ~ ~~tlf~iv~}~'~ ~~~i~, IBC, 31$0 fAIRLAl~fF FARMS ROAD lT~ 1 Item No. L~MfO~f~ FL33+~1~ Description of Bid Item Unit Total 65 D' - B' FT. deep LF $ 180A0 68 6' - 8' FT. deep LF $ 220.00 fiT 8' -1D' FT deep LF $ 250.00 68 10' -12' FT deep LF $ 300.00 fig 12' -1B' FT deep LF $ 365A0 Install 24 -Inch PVC - 0900 Sewer Main In Rear Easement at a depth of : 7D 0' - B` FT. deep LF $ 24D.OD 71 8' - 8` FT. deep LF $ 290.D0 72 B' - 7 D' FT deep LF $ 320.DD 73 1 D` -12' FT deep LF $ 37D.D0 74 12' -16' FT deep LF $ 42D.04 Install 8 -Inch Epoxy Lined D1P Sewer Force Main in Utitity Right of way at a depth of: 75 0' - 3' FT. dee LF $ 85.D0 76 3' - 6' FT deep LF $ 88.D0 77 6'-8'FTdeep LF $ iDO.DD 78 8' -10' FT deep LF $ 110.D0 Install 8- Inch Epoxy Lined DIP Sewer Force Main In Rear Easement at a depth of 79 D' - 3' FT, dee LF $ 1 D5.DD SD 3' - 6' FT deep LF $ 1D8.OD 81 B'- 8' FT deep LF $ 130.00 82 8' -1D' FT deep LF $ 14D.OD Instal[ 10 -Inch Epoxy Lined DlP Sewer Farce Main in Utility Right of Way at a depth af: 83 D' - 3' FT. dee LF $ 10D.00 84 3` - e' FT deep LF $ 103.00 85 6`- 8' FT deep LI= $ 12D.D0 86 8' -14' FT deep LF $ 130,00 Install 10-Inch Epoxy Lined DIP Sewer Force Main In Rear Easement at a depth of 87 D' - 3' FT. dee Lf $ 12D.00 88 3' - 6' FT deep LF $ 123.00 89 6'• e' FT deep LF $ 145.00 90 8' -1 D' FT deep LF $ 155.00 Install 1fi -Inch Epoxy Lined DIP Sewer Farce Main in Utility Right of Way at a depth of: 91 p' - 3' FT. dee LF $ 140.D0 92 g~ _ 8' FT deep LF $ 143.D0 93 6'- 8' FT deep LF $ 175.DD 94 8' -1D' FT deep LF $ i 90.D0. lnstatl 20 -Inch Epoxy tined DIP Sewer Farco Main in Utitity Right of Way at a dopth of: Page 3 City of Boyton i3each: Repairs and (=mergency Services for Water [}istrlbution, Wastewater Collection and Storm Water Utility Systems ~ ~~~I~'f~`f~i~~ ~;Qr1~#~, ~fV~r 31~D FAIRLA~lE fAttNIS READ Item Na. u~~~o~r ~~ s~a~ ~ ~eserlptian of Bfd Item Unit Total 95 0' - 3' FT. dee LF $ 1&0.00 96 3' - B' FT deep LF $ 183.DD 97 S'- S' FT deep LF $ 195.OD 98 8' -10' FT deep LF $ 210.DD install 36 - inch Epoxy Lined DIP Sewer Farce Main in Ufility Right of Way at a depth of: 99 0' _ 3' FT. dee LF $ 31D.DO 100 3' _ 6' FT deep LF $ 320.00 101 6`- 8' FT deep LF $ 375.00 102 S` -10' FT deep LF $ 4D5.DD 103 Reconstruct Sanitary Sewer S" Lateral & Clean Out (single) FJ~ $ 2,500.00 104 Reconstruct Sanitary Sewer B" Lateral & Clean Out {double] F~4 $ 3,OOD.00 105 puctile iron Fittings for Wastewater Farce Main with Accessories TON $ 18,ODD.DD 106 Additional Pipe Crew Hours for installation greater than SO" cover liR, $ 500.00 107 4" Mega-Lug Joint Restraint for t}IP F~4 $ 60.00 10S 6" Mega•Lug Joint Restraint fpr t11P FJ1 $ 65.DD 109 S" Meg~•Lug Joint Restraint for CiP EA $ 95.00 110 10" Mega-Lug Joint Restraint for ^1P EA $ 115.00 111 12" Mega-Lug Joint Restraint for O1P F.A $ 18D.OD 142 1S" Mega•Lug Joint Restraint fnr DIP EA $ 275.00 113 24" Mega-Lug Joint Restraint for DIP F~ $ 550.00 114 36" Mega•Lug Joint Restraint far 131P FJ1 $ 2,ODD.OD 115 4" Mega-Lug Joint Restraint for PVC 1=A $ 70.00 115 6" Mega•Lug Joint Restraint for PVC FJ~1 $ 80.00 117 B"Mega-Lug Joint Restraint for PVC FJ1 $ 120.DD 118 4",IointRestraintGasket(fieldLokorFastGrip) FA $ 60.D0 119 6" Joint Restraint Gasket (fleld Lok or Fast Grips EA $ 75.00 120 S" Joint Restraint Gasket {field Lak or Fast Grips f~ $ 85.DD 121 10" Joint Restraint Gasket [field Lak ar Fast Grip) FJ~ $ 115.00 722 12"Joint Restraint Gasket (field Lok ar Fast Grip) EA $ 140.00 123 4" PVC Joint Bell Restraint FJ~ $ &0.00 124 S" PVC JoinE Bell Restraint E4 $ BD.OD 125 B" PVC Joint Bell Restraint F..A $ 130.00 12S 10" PVC Joint Bell Restraint EA $ 210.00 127 12"PVC Joint Bell Restraint EA $ 220.OD 126 4" Gate Valve & Valve Box Fri $ 1,OOD.00 129 6" Gate Valve & Valve Box EA $ 1,500.00 130 8"Gate Valve ~ Valve Box F~ $ 1,750.00 131 14"Gate Valve & Valve Box ~A $ 2,10D.D0 Page ~ City of Soyton Beach: Repairs and Emergency Services for Water 17istribuiion, Wastewater Collection and Starm Water Utility Systems C ~U~~'I~ii~{~~f ~~iV~~~'-~Y'Y, It~~,~ 3180 FAIRIAId~ ~ARM5 ROAD E1 [fem No. ~Li~NiON, FL 33~1~ [7escriptlon of Sid Item Unlt Tatal 432 12"Gate Valve & Valve Box EA $ 2,500.00 133 8"x6" Tapping Sleeve whra[ve & Valve Bax EA $ 6,000.00 134 8"x8" Tapping Sleeve wlvalve & Valvo Box EA $ 7,DOD.OD 135 12"x5" Tapping Sleeve wJvalve & Valve Box FA $ 8,000.00 136 12"x8" Tapping Sleeve wlvalve & Valve Box 64 $ 9,OOD.00 437 Wastewater Force Main 2" Air Itealease Valve wlManhole F1r $ 9,OOOAO Install new FDOT approved Standard Precast 4S" diameter Manhole Structure in Ufillty Right of Way to inctude Bench and Ring and Cover including Cily approved coatings [inside and out} at a depth af: 138 o'-a• Ft Deap ~, $ zD,ODD.Da 139 4'-6' FL Deep EA $ 22,500.00 140 6'-8' Deep Flt $ 30,000.00 141 8'-48' Deep FA $ 35,000.00 142 1i1'-12' Deep FJt $ 45,D00.00 143 12'•14' Deep F.A $ 60,000.40 144 14'-16' Deep 1=A $ 80,000.00 Install new fDOT approved Standard Precast 48" dlameler Manfiale Structure in Rear Easement io include Bench and Rin and C ver includin Ci a roved coatin s inside and oul at a de th of: 145 0'-4` FL Deep Flt $ 25,000.00 146 4'-6• FL Deep FJi $ 27,500.OD 747 6'-8' Deep EA $ 35,000.00 148 B'-10' Deep F.A $ 42,500.OD 149 10'-12' Deep EP. $ 55,0OO.OD 1511 12'-14' Deep E4 $ 70,000,00 151 i4'-1S` Deep EA $ 90,000.00 1 S2 Install 6-inch Ductile Iron Pipe Water Main in Utility Right of Way LF $ 70.00 153 Install 6-inch Ductite Iron Pipe Water Main In Rear Easement LF $ 80.00 164 Install 8-Inch Ductile Iron Pipe Water Main in Utility Right of Way LF $ 80.00 955 Install 10•inch Ductile Iron Pipe Water Main in Utility Right of Way LF $ 9D.D0 15fi lnstaEl 12-tnch Ductile Iron Pipe Water Maln In Utility Right of Way LF $ 110.D0 157 Install 1S-Inch Ductile Iron Pipe Waler Main in Utility Righi of Way LF $ 145.00 15$ Instal[ 20-Inch Ductile Eron Pipe Water Main in Utility Right of Way LF $ 175.DD 159 install 24•Inch Ductile Iran Plpe Water Maln in Utility Right of Way LF $ 205.00 160 Install 30•Inch Ductile Iran Pipe Water Main in Utility Right of Way LF $ 225.00 1fi1 Install 36-Ench Ductile Iron Pipe Water Main In Utility Right of Way LF $ 280.00 162 Install 42-Inch Ductile Iron Pipe Water Main in Utility Right of Way LP $ 320.OD 163 Additional Pipe Crew Hours far lnstallatian greater than 60" cover NR. $ 500.00 764 Ductile Eron Fittings far Wastewater Force Main with Accessories TON $ 12,000.00 165 6" Mega-Lug Joint Restraint for DIP 64 $ 65.OD 166 B" Mega•Lug Joint Restraint far DIP FA $ 95.00 167 10"Mega-Lug Joint ResVint for DIP FJa $ 115.00 Page 5 City of Boyton Beach: Repairs an e~~r fgr~V~~~~~1n~~ewater Collection and Storm ihlaler tJtility Systems SITE T item No. i]escription of Bid Item Unit Total 168 12" Mega•Lug Joint Restraint for DIP fA $ 180.00 169 18"Mega-Lug Joint Restraint for DIP EA $ 275.00 170 20" Mega•Lug Joint Restraint fer DIP EA $ 450.00 171 24" Mega•Lug Joint Restraint for PIP EA $ 550.00 172 3D° Mega-Lug Jaint Restraint for DIP lA $ 1,500.DD 173 36" Mega-Lug Joint Restraint for DIP lJ1 $ 2,OOp.00 i74 42" Mega•Lug Joint Restraint for DIP EA $ 2,800.00 175 S° Mega•Lug Joint Restraint for PVC FP, $ 65.00 176 8"Mega-Lug Joint Restraint for PVC l=A $ 95.00 i77 $" Joint Restraint Gasket (field Lak or Fast Grip} F1~ $ 75.00 '178 B° Joint Restraint Gasket [field Lok or Fast Grip} FJI $ 85.00 979 10"Joint Restraint Gasket (field Lok or Fast Grip) l=A $ 115.00 980 12"Joint Restraint Gasket [field Lok or FasE Grip) FJ~. $ 14D.40 781 6" PVC Jaint Bell Restraint F_A $ 80.00 182 8"PVC Joint 13e11 Restraint FJi $ 130.00 183 iD" PVC Joint Bell Restraint l~4 $ 210.00 784 12" PVC Joint Bell Restraint EA $ 220.00 185 6"Gate Valve 8 Valve Box l=A $ 1,5D0.00 986 8"Gate Valve 8 Valve Box 64 $ 1,750.Ofl 187 14"Gate Valve 8 Valve Box t=A $ 2,100.00 188 12"Gate Valve 8 Valve Box IA $ 2,5D0.00 189 12" Butterfly Valve 8 Valve Box EA $ 2,000.00 190 1S" Butterfly Valve 8 Valvn Box EA $ 3,000.00 191 24" Butterfly Valve 8 Valve Box L=A $ 8,OD0.00 i92 30" Butterfly Vafve 8 Valve Box F 4 $ '18,000.00 193 36" Butterfly Vafvn & Valve Box EA $ 22,OD0.00 794 42" Butterfly Valve 8 Valve Bax EA $ 30,ODO.DO 19S a"x6" Tapping Sleeve whralve 8 Valve Box F~ $ S,ODD.00 196 8"x8" Tapping Sleeve wlvalve 8 Valve Box l=A $ 7,OD0.00 197 12"x6" Tapping Sleeve wlsratve 8 Valve Box EA $ $,ODD.OD 198 i2"x8" Tapping Sleeve wlvalve 8 Valve Box E}1 $ 9,OQOAO 199 Fire Hydrant Assembly [42" Burial) wlelbow forAnchor lee, Gate Valve, 8 6" DIP EA $ 6,000.00 200 Fire Wydrant Assembly {42" Burial] w!S" Gate Valve, 8 S" RIP EA $ 5,500.OD 207 Remove 8 Replace Fire Hydrant Assembly (42" Burial} FJ~ $ 6,5DO.OD 202 Fire Hydrant Extensions 64 $ 1,000.00 203 Bollards for Fire Hydrant EP, $ 450.00 204 Sample Points wldble strap saddle 8 Corp stop 64 $ 500.00 205 Sample Paints on Fire Hydrants F.A $ 5DO.OD Page 6 City of Boylan Beach: Repairs and Emergency Services far Water Distribut]on, Wastewate€ Collection and Storm Water UGfity Systems C~ E~UI~~°i~i~ ~~I'v1(~'v~; ~i~t 318[1 ~AIRtANE ~ARM9 ~~ Item No. Description oid~eam~' FL 33414 Unit Total 2a6 2" t3lowoff piping with box EA $ 1,5DO.DD 207 Water Main 1° Air Release Valve wlmanhale Ell $ 7,DDD.DD 2D8 Short sgi service (1-112" Polly} (up to 10' fang] EA . $ 1,3DD.DD 209 Short dbl service {i-112° Poly) {up to 10' long) FA $ 1,5DD.DD 210 Long sgi Service (1-1I2" w!3" casings} {up to 4a' Fong) EA $ 1,$DD.DD 211 Long dbl Service (1^112" w13" casings) {ap to 40' long) EA $ 2,QDD.DD 212 Sample point wlbacteriolaglcai test EA $ 6DD.DD 213 fi" to 12" Dia. Connection to existing Water Main {Joint Restraint for existing pipe is not included} EA $ 5,DDO.DD 214 18° to 24" Dia. Connection to existing Water Main {Joint Restraint far exlsltng pipe is not included} EA $ 1D,DDD.DD 215 30" Diameter Connecton to existing Water Main (Joint Restraint for existing pipe is not included] EA $ 15,DDD.DD 216 36" Diameter Connection to existing Water Main {Joint Restraint for existing pipe is not Included) EA $ 2D,DDD.DD 217 42" Diameter Connection to existlng Water Maln (Joint Restraint far existing pipe fs not Included) EA $ 25,DDD.DD Storm Water Install 15-inch RCP Strom Waler Main in Utlity Right of Way at a depth of: 218 a' • fi` FT. deep LF $ BD.DD 219 6' - B' FT. deep LF $ 11D.DD Install 15-inch RCP Strom Water Main in Rear Easement at a depth of: 22D 0` - fi' FT. deep LF $ 12D.bD 221 6' - e' FT. deep LF $ 14D.DD install 24-inch RCP Strom Water Main [n Utiity Right of Way at a depth of: 222 a' - B' FT. deep LF $ 12D.DD 223 B' - s' FT. deep LF $ 15D.00 Install 24-inch REP Strom Water Main in Rear Easement at a depth of: 224 a' - fi' FT. seep LF $ 15D.DD 225 S' - tt' FT. deep LF $ 18D.00 Install 36-inch RCP Storm Water in Rear Easement at a depth of: 22fi a' - 6' FT. deep LF $ 14D.D0 227 B` - e' FT. deep LF $ 2DD.DD 228 8'-10' FT. deep LF $ 230.D0 install 42-Inch RCP Strom Water Main In Utlity R[ght of Way at a depth of: 229 0' - B' FT. deep LF $ iS5.DD 230 6' - 8' FT. deep LF $ 2DD.D0 231 s'-ia' Fr. asap LF $ 25D.OD install 60-inch RCP Strom Water Main in Utlity Right of Way at a depth oL 232 a' - S' FT. deep LF $ 35D.DD 233 8' - 8' FT. deep LF $ 37D.DD 234 8'-10' FT. deep LF $ 400.DD 235 10'-i2' FT. deep LF $ 45D.DD Page 7 City of Boyton Beach: Repairs and(/E1_m~er®g°(genpµcy`ry'ServtJic~a}e~gs for W(~afer ~istrihution, tW~ta~sBtewater Collection and Sform Water Utility Systems edk11 Ks MK~~i '7~~1\~ leJ~~~~~~t ~I l%3i .. 3~ 80 Fr~RIANE FARMS ~t~A~ Itemf~o. Descrip~~~t~7tem~34~~ Unit Total Install 60•inch RCP Storm Water in Rear Easement at a depth of: 236 0' - S` FT. deep LF $ 450.OD 237 8'-8`FT.deep LF $ 470.OD 238 8'd0' FT. deep LF $ 52D.OD 239 10`-1R' FT. deep LF $ 620.00 Instal115-loch CMP Storm Water Main in Utility Right of Way at a depth of: 240 0' - 6' FT. deep LF $ 84.40 241 6' - S' FT. deep LF $ 90.00 Install iS-Inch CMP Storm Water Maln In Rear Easementy at a depth of: 242 0` - 6' FT. deep LF $ 12D.00 243 6' - S' FT-deep LF $ 135.OD install 9S•inch CMP Storm Water Main in Utility Right of Way at a depth of: 244 0' - S' FT. deep LF $ 1aD.OD 245 6' - S' FT, deep LF $ 110.04 lnstal118•inch CMP Storm Water Maln in Rear Easemenly at a depth of: 246 0' - 6' FT. deep LF $ 140.04 247 B' - 6' FT. deep LF $ 154.04 Install 36-Inch CMP Storm Water Main in Utility Right of Way at a depth of: 248 0' - S' FT. deep LF $ 140.00 249 6' - 8' FT. deep LF $ 16D.OD 250 8'-10` FT. deep LF $ 180.OD Install 36-Inch CMP Storm Water Main in Rear Easementy at a depth of: 251 0' - 6' FT. deep LF $ 18D.00 252 S' - S' FT. deep LF $ 200.OD 253 B`-1D' FT. deep LF $ 220.00 Install 46-Inch CMP Storm Water Main In Utility Right of Way at a depth of: 254 0' - S' FT, deep LF $ 175.00 255 S' - S' FT, deep LF $ 195.00 256 S'-10' FT. deep LF $ 215.40 Install 48dnch CMP Storm Water Main in Rear Easementy at a depth oL• 257 0' - S' FT. deep LF $ 215.40 258 S' - 8' FT. deep LF $ 250.00 259 6'-10' FT. deep LF $ 30D.00 insta1160-inch CMP 5tonn Water Main In Utility Right of Way at a depth af: 264 0' - e' FT. deep LF $ 350.OD 261 6` - 8' FT. deep LF $ 370.00 262 8'-10' FT. deep LF $ 404.00 Install SO-inch CMP Sfarm Water Main in Rear Easementy at a depth of: Page 8 City of Bayton Beach: Repairs and Emergency Services for Water l7istibuEion, Wastewater Collection and Storm Wafer l3Giity Systems CI~AI ~~11N'l~l~i~i {'~i'dY, it~C~~ 21 REl FAIRI ANA FARt~~ R(~A~ [tem No. Bescriptio~~)f~rt~~~ 3~4~ ~ Unit Total 263 0' - B' FT. deep LF $ 450.00 264 6' • 8' FT. deep LF $ 47D.OD 265 8'-10' FT. deep LF $ 520.00 Install 72-[nch CMP Storm Water Main in Utility Right of Way at a depth of: 266 D' - 6' FT. deep LF $ 425.00 267 6' - 8' FT. deep LF $ 450.00 268 8'-1D' FT. deep LF $ 550.00 269 10'-12' FT. deep LF $ 550.00 Insta1172•Inch CMP Storm Water Maln in Rear Easementy at a depth af: 270 D' - 6' FT. deep LF $ 525.00 271 B' - 8' FT. deep LF $ 550.00 272 $'-10' FT. deep LF $ 70D.OD 273 10'-12' FT. deep LF $ 85D.00 Install 12-inch HDPE Storm Water Main in Utility Right of Way at a Depth of: 274 D' - S` FT. deep LF $ 75.D0 275 S' - e' FT. deep LF $ 85.OD lnstatl 12-Inch HDPE Sfonn Water Main in Rear Easement at a Depth of: 27S D' - 6' FT. deep LF $ 1DD.DD 277 6' - e' FT. deep LP $ 110.00 Install 15-[nch HDPE Storm Water Main In Utility Right of Way al a Depth oF. 278 D' - 6' FT-deep LF $ 85.DD 279 6' -8' FT. deep LF $ 85.00 Install 15-loch HDPE Storrs Water Main In Rear Easement at a Depth af: 280 0' - 6' FT. deep LF $ 115_DD 281 S' - 8' FT. deep LF $ 13D.OD Install 18anch HDPE Storm Water Main in Utility Right of Way at a Depth of: 282 0' • S` FT. deep LF $ 1D5.DD 283 6' - 8' FT. deep LE= $ 115.DD Install 18-Inch HDPE Sfomt Water Main in Rear Easement at a Depth aL- 284 0` - 6' FT. deep LF $ 135.00 285 6' - S' FT. deep LF $ 145.00 Install 24-inch HDPE Storm Water Maln In Utility Right of Way at a Depth oh 286 0' - 6' FT. deep LF $ 115.00 287 6' - 8' FT. deep LF $ 13D.DD Install new FDQT approved Standard Precast Concrete 48"diameter Manhole to Include Bench and Ring and Cover in Utili Ri ht of Wa at a de flt af: 288 0'-+t' Ft. Deep EA $ 10,D00.00 289 4'-S' Ft Deep EA $ 12,500.00 29D 6'-8' Ft. Deep EA $ 18,DOD.DD Page 9 City of 8oyton Beach: Repairs and Emergency Services !or Water Distribution, Wastewater Collection and Storm Water Utility Systems CI° ~Ul~i~1~~°~~ ~r~~~~, Il~F nrnn r-,ni AAiL' CAt3AA~ ~1~~~ ~} 1 BU C!"urttd'u~s« to:wrtw ,•am, Item No. Description ~~~ ~~ ~~~~~ Unit Total 291 (S`-10' FT. deep FJ~ $ 22,50D.00 292 10'•12' FT, deep EA $ 3q,000.00 Install new FDOF approved Standard Precast Concrete 48" diameter Manhole to Include Bench and Ring and Cover In Rear Easement at a de th of: 293 0`•4' FL Deep E,4 $ 15,800.00 294 4`-6' Ft Deep EA $ 17,5gD.00 295 8'-fi' Ft. Deep G4 $ 23,0Oq.gp 296 8'-10' FT. deep I:A $ 30,0Oq.g0 297 10'-12' Fr. asap Ea, $ 40,g00.g0 Install new FDOT approved Standard Precast Concrete fi0" diameter Manhole to inctuae Bench and Ring and Cover fn Util RI ht of Wa at a de th af: 2913 0'-4' Ft Deep EA $ 15,000.gO 299 4'-6' Ft Deep f=A $ 17,50q.g0 300 6'-B` Ft. Deep 64 $ 25,800.00 3q1 8'-10' FT. deep EA $ 30,OOq.Oq 302 10'-12' FT. deep t=A $ 35,gOq_DO Install new FDOT approved Standard Precast Concrete 60" diameter Manhole to include Bench and Ring and Cover In Rear Easement at a de th af: 3q3 0'-4' Ft Deep EA $ 2q,gOq.Oq 304 4'-6' Ft. Deep t_A $ 23,50q.Oq 305 B'-B' Ft. Deep F1+, $ 3q,000.00 3q6 8'-10' FT. deep EA $ 37,500.00 307 70`-12' FT. deep EA $ 45,g0q.00 lnstakl new FDOT approved Standard Precast Concrete "C" Inlet Structure wlframe and grate In Utility Right of Wa to Include Bench and Rin and Cover at a de ht of: 306 0'-4' Ft Deep EA $ 8,000.00 309 4`-6' Ft. Deep EA $ $gOq.Oq 31q B'-8' Ft Deep FJ+, $ 10,000.00 Install new FDOT approved Standard Precast Concrete "C" Inlet Structure wlframe and grate In Rear Easement o in lude Hench and Rin and Cover at a de ht of: 311 0'-4' Ft Deep EA $ 7,Ogq.00 312 4'-6' Ft Deep 64 $ 8,000.00 313 6'-B' Ft Deep FJ1 $ 11,g00.Oq Install new FDOT approved Standard Precast Concrete "E"inlet Structure wlframe and grate in Utility Right of wa to include Bench and Rin and Cover at a h of: 314 0'-4' Ft Deep EA $ 6,500.00 315 4'-6' Ft Deep EA $ 8,50q.Oq 31s B'-8' Ft- Deep 64 $ 10,50q.0a Install new FDOT approved Standard Precast Concrete "E" Inlet Structure wlframe and grate in Rear Easement to Include Bench and Rin an C v r a a de ht oL 317 0'-4' F6 Deep F~4 $ 7,500.00 318 4'-6' Ft Deep EA $ 9,500.Oq 319 B'-8' Ft. Reap 64 $ 11,500.Oq Install new FDOT approved Standard Precast Concrete "J" Inlet Structure wlframe and grate In Utllily Right of Wa to Inctude Bench and Rin and Cover at a de ht of: 320 0'-4' Ft Deep EA $ 8,500.00 Page 10 City of Boyton Beacft: Repairs and Emergency 5errrices tar Water t7istributipn, Wastewater GoAeciion and SEonn Water Utility Systems IJ~~'ivE~r';~ ~;iar'YI~VY, il~Gt 3180 ~'AIR~AN~ ~A~NI~ RI'~A~7 Item No. Descripti oT~idl#~m 3~~1~ Unit Total 327 4'-B' Ft. Deep 64 $ 9,OOD.OD 322 6'-8' Ft Deep F.A $ 12,000.D6 323 8'-10' FT. deep EA $ 14,ODD.DD Install new FDOT approved Standard Precast Concrete "J" Inlet Structure wlframe and grate in Rear Easement to tncfude t3ench and Rln and Cover at a de ht of: 324 0'-4' Ft Deep 1=A $ 9,500.00 325 4'-8' Ft Deep EA $ i 0,D00.a0 326 6'-8' Ft Deep EA $ 13,000.00 327 8'-10' FT. deep FA $ 15,DDOAD Install new FDOT approved Standard Precast Concrete 80" "J" inlet Structure wltrame and grate in Utility Right of Wa to include Bench and Ran and Cover at a de ht of: 328 0'-4' Ft Deep EA $ 15,000.00 329 4'-B' Ft. Deep EA $ 17,5DD.DD 33D 6'-8' Ft Daep imA $ 25,000.00 331 8'-10' FT. deep EA $ 3D,000.00 332 10'-12` FT. deep F~1 $ 35,ODO.DO Install new FDOT approved Standard Precast Concrete 6©" "d" inlet Structure wlframe and grate In Rear Easement to include Bench and Rin and Cover at a de th of: 333 0'-4' Ft Deep EA $ 20,000.60 334 4'~' Ft. Deep EA $ 23,5DD.D4 338 6'-8' Ft Deep EA $ 30,OOD.00 33B 8'-10' FT. deep EA $ 37,500.00 337 10'-12' FT. deep FJ4 $ 45,DDO.DD Restoration 338 Removal and Disposal of B" thick concrete TON $ 20.00 339 Fumish & install 4" Concrete without wire SF $ 6.00 340 Fumish R Install B"Concrete without wire 5F $ 8.00 341 Fumish 8 Install ADA ComplianE detectable surface SF $ 75.00 342 Fumish & Install FDOT Type "D" Curb•by hand `SF LF $ 25.00 343 Fumish & install FDOT Type "D"Curb-by machine SELF $ 230.00 344 Fumish 8 Install FDOT Type "F" Curb•by hand LF $ 30.D0 345 Furnish & install FDOT Type "F" Curir•by machine LF $ 28.DD 346 Fumish & Install FDOT Valley Gutter-by hand LF $ 30.00 347 Fumish & Install FDOT Valley Gutter-by machine LF $ 28.DD 348 Fumish &, install Bahia Sod•up to 1000 SF ---tf SF $ 3.0D 349 Fumish & InsEall Bahia Sad-over 1000 SF ~ SF $ 2.DD 350 Fumish & Install Floratam Sod-up to 1000 SF SF $ 3.50 357 Furnish & Install Floratam Sodover 1000 SF SF $ 2.50 352 Fumish & Install FDOT seed 8 match mix SF $ 0.5D 353 Fumish Operator,WaEer Truck and Irrigate Sod or Seed Mllx 'SY Hr $ 75.00 354 Asphalt Pavement Removal SY $ 1 D.DD Page 11 City o4 Boyton Beach: Repairs and Emergency Services for Water Distribution, Wastewater Colleetian and Storm Water UGfity Systems CIS ~~i~'~~~%`a~ ~~~vii~Y, INC. 31 ~0 FAlR1ANE FARMS ROAD Item No. Description of Sr®f~tem~ ~~~~4 Unit Total 355 Mill Existing Pavement {314"-1" avg.} i~IR-SY $ 10.DD 356 AsphaR Overiay, Type 5-III ~SY Ton $ 250.00 357 1" Type 5.3 Surface Course SY $ 20.00 358 FI:10T Plowable Fill -S'F CY $ 175.00 359 Leak Repairs {structuresJ-Grouting GAL $ SDp.Dp 360 6" Limerockl crushed concrete base, primed SY $ 40.00 361 8" Llmerackl crushed concrete base, primed SY $ 5D.00 362 12" compacted subgrade, 98•/ T-i8D SY $ 15.00 363 AdJust Manhole ring and cover to grade SY $ 750.00 364 Adjust valve box to grade SY $ 250.00 365 Brick paver removelreplace {1 1!2" sand, 6" limerock base, 12" compacted subgrada} 1=A-SF $ 10.00 By-Pass Pump set up with by-pass pumping 366 Bypass S"sewer setup EA $ 2,OOOA© 367 Bypass iD" to 12"sewer Setup EA $ 3,000.00 366 Bypass 15" to 18"Sewer setup E4 $ 5,000.00 368 Bypass 24"Sewer Setup EA $ 8,000.OD 370 Bypass 4" Pump DAY $ 600.00 371 Bypass 6" Pump DAY $ 75D.00 372 Bypass e" Pump DAY $ 900.DD 373 Bypass 1D" Pump DAY $ 1,200.00 Well Paint system and de•watering 374 Well Polnt system up to 150 points complete with pump and jetting equipment DAY $ 2,50D.00 $ 2,026,239.50 Page 12 3 N U AUBURN ~~ I~ LOCATION OF REPAIR U ~ ~ m m Q Q AUBURN CIR. S. W Q U7 W I z O I 0 ~I 0 I 0 ~L w a S. W. 7TH ST. Q c w w J U AUBURN TERR. SO. S.W. 81H ai. ~ ~ w w Q Q ~ Q N ~ ~ O ~ N ~ ~ N N N 10TH x H ~ ~ ~ ~ w Q ~ M ~~ N N S. W. Q ROYAL F~ALM DR. POINSETTIA DRIVE w Q m CITY of DELRAY BEACH EMERGENCY RAW WATER REPAIR DATE:11/09/2009 d ENVIRONMENTAL SERVICES DEPARTMENT LOCATION MAP ®®~ 434 eouni SWNiON AVENUE, DELRAY BEACH, RaHnA s344a Zoos-too 1 of 1 STREET 1 MEMORANDUM TO: Mayor and City Commissioners FROM: Estelio Breto, Senior Planner Paul Dorling, AICP, Director of planning and Zoning THROUGH: City Manager DATE: November 11, 2009 SUBJECT: AGENDA ITEM 9.A. -REGULAR COMMISSION MEETING OF NOVEMBER 17, 2009 CONDITIONAL USE EXTENSION REQUEST/ATLANTIC SHORES ITEM BEFORE COMMISSION Consideration of a request to extend the conditional for increasing the building height to a maximum of 60' and to allow a density above 30 dwelling units per acre (41.30 du/ac) for Atlantic Shores, a proposed residential development, pursuant to LDR Section 2.4.4(F)(1) and (2). Pursuant to LDR Section 2.4.4(F)(1) (Extensions), extensions may be granted to the previously approved application, pursuant to the following: . A written request for an extension must have been received by the City at least forty-five (45) days prior to the expiration date; . The letter must set forth the basis and reason for the extension; . The extension shall be considered by the same body which granted the original approval; . The extension, if granted, shall be for eighteen (18) months unless otherwise stated. BACKGROUND The subject property consists of an 0.85 acre site described as the south 7 feet of Lot 9, and Lots 10 through 12 inclusive, together with the north 37 feet of Lot 13 of Block 78. The property is located on the west side of SE 2nd Avenue, approximately 80' south of S.E. 1st Street. The property is zoned CBD (Central Business District). All structures previously on the site were demolished subsequent to the initial conditional use and site plan approvals. The development proposal includes construction of a five-story residential building with a 64-space parking garage on the ground floor; installation of 6 parallel parking spaces along 2nd Avenue; and residential dwelling units on the second, third, fourth and fifth levels (35 dwelling units in total). The development will also include installation of a swimming pool, deck, exercise room, library, club house, and restrooms located on the 2nd and 3rd floors of the building. At its meeting of January 3, 2006, the City Commission approved the conditional use associated with the proposed development to increase the height up to 60' and a density in excess of 30 units per acre (41.30 du/ac is proposed). On January 25, 2006, the Site Plan Review and Appearance Board approved the Class V site plan for the project. Then on December 4, 2007 the City Commission approved a conditional use extension request. At its meeting of December 20, 2007, the Site Plan Review and Appearance Board approved a site plan extension for the project. Those approvals were subject to the following conditions which have been ignored: 1. That the applicant has the site seeded and watered (in accord with current restrictions) until the grass is established and the perimeter construction fence removed until construction is imminent. If an additional extension is considered it is recommended that a similar condition be imposed which includes a time limit of 90 days. If the conditions are not met within these 90 days the extension request should no longer be valid. The Planning and Zoning Department will notify the applicant if the extension approval lapses because of non-compliance with this condition. The development proposal was developed and approved utilizing the Downtown Design Guidelines. As of March 5, 2007, the City Commission approved new design guidelines for the CBD zoning district that reduced the setback, simplified the development requirements and allowed, for greater buildable area. The Atlantic Shores project exceeds the minimum setback requirements instituted with the new design guidelines. Pursuant to LDR Section 2.4.4 (F)(2) where construction has commenced an extension without change can be granted. Additional background information and full analysis of the proposal can be found in the attached Planning and Zoning Board staff report, dated November 21, 2005. ANALYSIS LDR Section 2.4.40(2) "Construction Has Commenced" Pursuant to LDR Section 2.4.4(F)(2), when there are substantial improvements on the site, but the 25% establishment standard is not met, the granting agency shall consider the diligence and good faith of the developer to actually commence and complete construction. In this case, an extension to the originally approved project without change or without evaluation, pursuant to subsection (3), shall be granted to enable the developer to complete the project as opposed to allowing a continuing approval in order to more readily sell the land and/or project. Pursuant to LDR Appendix "A," the definition of construction is: "The building of or substantial improvement to any structure or the clearing, filling, or excavation of any land. When appropriate to the context, "CONSTRUCTION" refers to the act of construction or the result of construction. " Given the demolition activity that has occurred, the provisions of Section 2.4.4(F)(2) shall apply to the proposed extension. In considering "diligence and good faith", the granting body shall consider: • When the construction commenced (construction which is commenced immediately preceding expiration generally indicates a lack of good faith); . The extent to which construction has proceeded; . The extent to which there has been a bonafide continuous effort to develop but because of circumstances beyond the control of the developer, it was not possible to meet the 25% standard. The applicant submitted the following verbatim statement regarding the delay with the construction of the proposed project with the extension request. The request was submitted within the required forty-five (45) day time frame prior to the expiration date. "Pursuant to Section 2.4.4(F) of the Land Development Regulations of the City of Delray Beach, Florida (`ZDRs "), this letter is submitted on behalf of our client, Atlantic Shores of Delray Beach, as a written request to the City of Delray Beach ("City ") for a two (2) year extension for the Conditional Use and Site Plan for Atlantic Shores. Like most projects in the City, this project has been delayed due to economic and market reasons.Numerous residential developments that received site plan approval in the last few years have experience difficulties in proceeding with the construction phase due to market forces. In fact recognizing this issue, the State Legislature has passed legislation automatically extending approvals in some instances. As a result of this "soft" real estate market, the City has approved numerous requests for extensions. Therefore, it is reasonable to find that external circumstances have hindered the construction of this development and that the requested extensions should be granted. Therefore, we respectfully request your support of each of these extensions. " The City has recently processed various extension requests for residential and mixed use projects that were approved in the past several years and have not been built due to the slow-down in the real state market. Given the fact that market forces are not directly under the control of individual developers, the City generally supports extension of approvals for projects that have some improvements on the site, but the 25% establishment standard has not been met. The applicant has initiated and concluded various tasks directly related to the project. A demolition and clearing permit was issued by the City on August 2, 2006, and an asbestos removal permit was issued on August 18, 2006. A plat is being processed for review by City Commission. All of this appears to indicate that the applicant has continued to work diligently and with good faith in its efforts to build the project. A point of concern is the inactivity relating to finalizing the plat. Given this concern, the plat must be finalized and this is attached as a condition of approval. A weakening economy as a result of a "soft" real estate market is indeed a reasonable external circumstance that has hindered the construction of the development Based on the down-turn in the real estate market, it is reasonable to grant the extension of the conditional use approval since this issue is beyond the control of the developer. However, this extension should be conditioned on finalization of the plat and that within 90 days of the approval the applicant has the site seeded and watered until the grass is established and the perimeter construction fence removed until construction is imminent If the site improvements are not accomplished within the 90 days period the Planning Department will notify the applicant that the conditional use extension request will lapse at the end of the 90 day period. Pursuant to LDR Section 2.4.4(F)(1)(d), eighteen month extensions are allowed by code unless otherwise stated. The applicant has specifically requested a 24 month extension for the conditional use and site plan. Based upon the above, the extension request would be valid subject to conditions through January 3, 2012, as requested by the applicant. The Site Plan Review and Appearance Board (SPRAB) will consider the request for site plan extension if the conditional use extension is granted by the City Commission. RECOMMENDATION Move approval of the request for an extension of the Conditional Use approval for Atlantic Shores, allowing a building height of 60' and a residential density of 41.30 dwelling units per acre by adopting the findings of fact and law contained in the staff report, and finding that the request, and approval thereof, meets criteria set forth in Section 2.4.4(F)(1) & (2) of the Land Development Regulations, with said approval to be valid until January 3, 2012, subject to the following conditions: 1. That within 90 days of the approval of this Conditional Use extension request the applicant has the site seeded and watered until the grass is established and the perimeter construction fence removed until construction is imminent If this is not accomplished within the 90 days period the Planning Department will notify the applicant that the conditional use extension request will lapse at the end of the 90 day period; and 2. That action on the final plat be finalized within six months. I ~..., ,J ~° ~. ~/ " ~.. ~' u P~- ~:~J ~' ~~ .* "x''` G t~ ~, ,~ ~' • .. ~~~ ,~ .i~ ~y 4 1', '~ !G 51 7 Y /, ~9~ n ', ~~ +1 ~'li 1 ~ "F~' ! „y..r.. 7... ~~~ l {,. y' a ~ 9!~~ I' 'r ~ •. .y ~,; I'L 4 ., IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA EXTENSION REQUEST FOR CONDITIONAL USE APPROVALS GRANTED TO ATLANTIC SHORES ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA 1. The above named conditional use extension request has come before the City Commission on November 17, 2009. 2. This conditional use extension request comports with the future land use element, is concurrent with the Comprehensive Plan and is consistent with the goals, policies and objectives of the City's Comprehensive Plan. 3. The Applicant and City staff presented documentary evidence and testimony to the City Commission pertaining to the conditional use extension request for Atlantic Shores. All of the evidence is a part of the record in this case. Required findings are made in accordance with LDR Section 2.4.4(F)(1) and (F)(2). 4. Section 2.4.4(F)(1) requires certain preliminary requirements to be met, such as: A written request submitted at least 45 days prior to the expiration date; The request must set forth the basis and reason for the extension; The request must be considered by the same body that granted the approval; The extension, if granted, shall be for a term of 18 months unless otherwise stated. Have the preliminary requirements of Section 2.4.4(F)(1) been met? Yes No 5. In making a determination under LDR Section 2.4.4(F)(2) the Commission shall consider the following: (a) When the construction commenced (construction which is commenced immediately preceding expiration generally indicates a lack of good faith; (b) The extent to which construction has proceeded; (c) The extent to which there has been a bonafide continuous effort to develop but because of circumstances beyond the control of the developer, it was not possible to meet the 25% standard. Have the requirements of Section 2.4.4(F)(2) been met? Yes No 6. The comments and notes set forth in the staff report are hereby incorporated herein. 7. The City Commission has applied the LDR requirements in existence at the time the conditional use extension request was submitted and finds that its determinations set forth in this Order are consistent with the Comprehensive Plan. 8. The City Commission finds there is ample and competent substantial evidence to support its findings in the record submitted and adopts the facts contained in the record including but not limited to the staff reports, testimony of experts and other competent witnesses supporting these findings. 9. Based on the entire record before it, the City Commission denies the conditional use extension request or approves with conditions (a) and (b) below: (a) That within 90 days of the approval of this Conditional Use extension request, the applicant has the site seeded and watered until the grass is established and the perimeter construction fence removed until construction is imminent. If this is not accomplished within the 90 day period, the Planning Department will notify the applicant that the conditional use extension request will lapse at the end of the 90 day period; and (b) That action on the final plat be finalized within six months, to allow the previous conditional use approval to be valid through January 3, 2012. The City Commission hereby adopts this Order this day of November, 2009, by a vote of in favor and opposed. Nelson S. McDuffie, Mayor ATTEST: Chevelle Nubin City Clerk 2 PLANNING AND ZONING BOARD CITY OF DELRAY BEACH -~~STAFF REPORTW~- MEETING DATE: November 21, 2005 AGENDA ITEM: !f1- ~. ITEM: Conditional Use Requests to Allow for a Residential Development with a Height in Excess of 48' (60'-0" Proposed} and to Allow for a Density in Excess of 30 Units Per Acre (41.3 dulac Proposed} within the Central Business District {~C1~D`}, fd~r the Atlantic Shores Project {Quasi-.Judicial 1-Fe~rinel}. - GENERAL DATA: Owner/Applicant ............. Nate Hollander r Agent ............................. Weinor & Aronson, P.A. W 0 Location ......................... West Side of SE 2na Avenue, Approximately 80' South of SE 1St ~ . Street (124,338,&158 SE 2nd Ave.) ~ s ooc a -- -- Property Size ................. 0.85 Acres . sounRe _ _ LJJJJ_LL! Future Land Use Map.... Commercial Core {CC) a T ~ A N r l c ` n v E~ t Current Zoning ............. Central Business-District (CBD} Adjacent Zoning North: Central Business District (CBD) South: Central Business District (CBD) East: Central Business District (CBD) w Wes#: Central Business District (CBD) Existing Land Use-....-.... Retail store and warehouse 3,E. 1ST SF: dlStflblltlOn faClllty. ~~r"~~ Proposed Land Use....... Multiple. Family Residential l N Water Service ................ Available Via a service lateral z connection to the existing 8" water main located within the SE 2"d Avenue right-of-way. Sewer Service ................ Available via a service lateral S.E. 2ND SF. . connection to the existing eight inch {8"} sanitary sewer main ~ _ ~M located within the adjacent alley to , the west o _ _ r Ili. F. ITEM BEFORE TI--IE BdARD The action before the Board is making a recommendation to the City Commission on the following requests for conditional use approval pursuant to Land Development Regulations (LDR) Section 2.4.5(E): ^ To allow an increase to a maximum height of 60' (60' proposed) jLDR Section 4.4.13{1=}{1) pursuant to LDR Section 4.3.4(J) (4} (b)]; and 0 To allow a density :exceeding 30 dwelling units per acre {41.30 dulac proposed} in the Central Business District {CBD} ]LDR Section 4.4.13{D} {14}]. The requests are in conjunction with Atlantic Shares, a proposed residential development located on west side of SE 2"d Avenue, approximately 80' south of SE 15` Street. ~.__ _. ._.. 13~1C1(GRO<jND _ - s~ The proposal involves a 0.85 acres site which includes: • The south 7' of Lot 9, Lot 10 and the north 53' of lot 11, BEock. 78, Defray Beach (0.425 Acres}; The south 23.5' feet of Lot 11, and Lot 12, less the south 23:5 feet of said Lot 12, BEock 78, City of Delray Beach, formerly known as the Tawn of Linton (0.235 acres}; and • The south 23.5 feet of Lat 12, and the north. 37 feet of Lot 13, Black 78, of Delray Beach. The property was the subject of a rezoning request earlier on .tonight's agenda, and: was i-ecommencled for approval to change the zoning district to CBD {Central 13usin~ss; District).. Existing development on the properties includes aone-story 4,Q~10 sq. ft. re#ail store building, built an 1962; a 5,508 sq: ft. warehouse distribution facility, built in 1959;-and aone-story 1,440 sq. ft warehouse structure, built in 1961. All three structures are to be. demolished with the developrrient proposal. Conditional use applications have been submitted far an Encrease in building height up to 60' and an increase in density to 41.30 units per acre. These conditional use applications are now. before the Board for consideration. The development proposal Encorporates the following: ^ Construction of a five-story residential building: with a 64-space parking garage on the ground floor; installation of 6 parallel parking spaces along 2nd Avenue; and residential dwelling units on the second, third, fourth and fifth levels (35 dwelling units in total); ^ Installation of swimming pool, deck, exercise roam, library, club house,- and restrooms located on the 2~d and 3`d floor of the building; ^ Installation of a loading area located to the west side of the property along the alley; ^ Installation of sidewalk pavers, bicycle parking facility, and associated landscaping. ~.-- COIV~ITIONAI~°l1SE Af~ALYSIS l -~. REQUIRED FINDINGS Cho ter 3 Pursuant to LDR Section 3.1.1 {Required Findings), prior tp the approva! 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 Planning and Zoning Board 5taf! ~~rt: Meeting -November 21, 2pp5 Conditional Use Requests for Atlai 3E~ores minutes. Findings shall be made by the body, which has the authority to approve or deny the development application. These findings relate to the following four areas. I=UTURE LAND USE MAP: The use or structures must be allowed in the zoning district and the zoning district mus# be consistent with the land use designation. The subject property has a Future Land Use Map (PLUM) designation of Commercial Core (CC} and a zoning designation of CBD has. been recommended by staff, which are consistent with one another: Pursuant to LDR Section 4.4.13{D} {14), multiple-family dwelling units, excluding duplexes, are permitted through the conditional use approval process at a density greater khan 30 units per acre on property located south of NE 2"d Street and north of SE 2nd Street, subject #o the standards and limitations of LDR Section 4.4.13{t). As discussed later in this report, positive findings can be made with respect to the referenced performance standards; thus positive findings can be made with respect to PLUM consistency. CUNCURRENCY: Facilities which are provided by, or through, the City shall be provided to new development concurrent with issuance of a Certificate. of Occu~artcy. These facilities shat! be provided pursuant to levels of service established within the Comprehensive Plan. Drainage: Preliminary engineering and drainage plans were not submitted with- the proposed development. It is thought that drainage could be accommodated via floor drains on the main level of the parking garage that should then drain. to an exfiltration trench system. Therefore, there appears to 'be no problems anticipated in accommodating on-site drainage;. however, the Engineering Department does have technical comments regarding drainage that will need to be addressed at the time of site plan approval. Based upon the above, positive findings with respect to this level of service standard can be made. Parks and Open Space: The Open Space and Recreation Element of the City's- Comprehensive Plan indicates in its' conclusion that "The City will have sufficient recreation facilities at build-out to meet the adopted standards". A park impact fee is collected to offset any impacts-that the project may have on-the City's recreational facilities: Pursuant to LDR Section 5.3:2, a park impact fee of $500:00 per dwelling unit will be collected prior to issuance of a building- permit for each unit. A total fee of $17,500.00 will. be required of this development. for parks and recreation purposes. Solid Waste: The proposed 35 dwelling units will generate a total of 18.2 tons of solid waste per year (35 units x 0.52 tons = 18.2 tons). The Solid Waste- Authority has .indicated that- its facilities have sufficient capacity to handle all development proposals until the year 2024, thus a positive frnding with respect to this level of service standard can be made. 'Streets and Traffic: The subject property is located within the City's Transportation Concurrency Exception Area (TCEA), which encompasses the CBD, CBD-RC, OSSHAD, and West Atlantic Avenue Business Corridor. The TCEA exempts the above-described areas from complying with the Palm Beach, County Traffic Performance Standards Ordinance. Therefore, a traffic study is not required for Concurrency purposes; however, a traffic statement is necessary to keep a record of trips approved in the TCEA and for calculation of traffic impact fees. A traffic statement was submitted for the generation of 39 AM peak Dour trips and 45 PM peak hour taps. Water and Sewer: Water service is available via service lateral connections to an existing 8" water main within S.E. 2°~ Avenue right-of way_ Two (2} fare hydrants presently exist an the west side of S.E. 2~~ Avenue: one at the northeast side of the property and a second one on the southeast side of the site. Sewer service is available via service lateral connections to an existing 8" sanitary sewer main within the west alley right-of--way, 2 I[I.l=. Planning and Zoning Board Staff ;-t: Meeting -November 21, 2005 Conditional Use Requosts forAtEa~,uc Shores Pursuant to the Comprehensive Plan, treatment capacity is available at the City's Water Treatment Plant and the South Cen#ral 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. CONSISTENCY: Compliance with performance standards set forth in Chapter 3 and required findings in LDR Section 2.4.5(E) (5) for the Conditional Use request shall be the basis upon which a finding of overall consistency is to be made. Other objectives and policies found in the adopted Comprehensive Plan may be used in making a finding of overall consistency. A review of the objectives and policies of the adapted Comprehensive Plan was conducted and tl~e following applicable objectives and policies that are relevant to the Conditions! Use applications are noted: Future Land Use Element Objective A-1: Property shall be developed or redeveloped in a manner so that the future use and intensity is appropriate and complies in terms of soil, topographic, and other applicable physical considerations, is complimentary to adjacent land uses, and fulfills remaining land use needs. There are na special physical or environmental characteristics of the land -that would be negatively impacted by the proposed residential development. The development will be complimentary with the future surrounding residential and comi-nercial developments (Miraflares, Bamboo North/South, and The Strand) and will provide a customer 'base far the businesses on a year-round basis, which in turn will provide economic stability and growth fiat the downtown area. In terms of fulfilling remaining land use needs, the Housing Element. of the Comprehensive Plan states the following: "One of fhe most imporfant objectives of fhe City's overall housing policy is the establishmenf of housing in fhe downtown area. In the years since adoption- of fhe 1989 Comprehensive .Plan the- downtown has changed from a somEwhaf sleepy, seasonally oriented shopping district fa a vibranl year-round refail, service, and entertainment area vvifh an active nightlife. A critical missing elemenf is a significanf housing developmenf. The City recognizes the impo-fance of providing housing in close proximity to shopping, employment, and fransportafion, and fhe need fo havo a residentia! base to support fhe businesses in the downtown area': The proposed Atlantic Shares development will help to fulfill this stated- land use need by providing 35 additions! dwelling units to the downtown area in close proximity to shopping and place of warlc, and is therefore consistent with this policy. Future Land llse_Element Objective C-4: The Central Business District {CBD) represents the essence of what is Delray Beach i.e. a "village Tike, community by the sea". The continued. revi#alization of the- CBD is essential to achieving the overall theme of the City's Comprehensive Plan of "A City Set Apart In South Florida". The following policies and activities shall be pursued in the achievement of this objective: Policy C-4.1: The CBD zoning district regulations shall facilita#e and encourage rehabilitation and revitalization and shall, at a minimum, address the following: ^ Deletion of inappropriate uses; ^ Incentives for locating retail on the ground float with office and residential use on upper floors; ^ Accommodating parking needs through innovative actions; 3 III.F. Planning and Zoning Board Staff ,rt: Meeting -November 21, 20Q5 Conditional Use Requests for Atlas ~ whores ^ Incentives for dinner theaters, playhouses, and other family oriented activities; © Allowing and facilitating outdoor cafes; ^ Incentives #or mixed use development and rehabilitation; ^ Elimination of side yard setback requirements; and ^ Allow structural overhang encroachments into required yard areas. The development proposal will locate 35 residential dwelling units of various floor plans and sizes within the downtown area. The residents of these dwellings will be able to walk to shops, restaurants, cultural areas and parks. They will interact on a regular basis with storekeepers and employees, and their neighbors. They will get to know the downtown much more intimately than the majority of Delray residents. They will play a major role as participants in, and contributors to, the downtown area community. The Atlantic Shores development proposal is consistent with Future Land Use Element Policy C-4.1 as it will facilitate the continued rehabilitation and dynamic revitalization of the CBD zoning district. Trans ortation Element Polic A-1.3: The City endorses the continued operations of the Palm Tran Transit System and its operations in Delray Beach, and through policies of this Element related to the TCEA, will coordina#e with Palm Tran to improve the system. Given the potential impacts the proposed residential development will have on the surrounding road network and the location ofa Palm Tran bus stop at the southeast comer of SE 1St`Avenue and SE 1St Street (immediately to the northwest}, it is appropriate that the development contribute toward the provision of a bus shelter at this location. Thus, it is attached- as a condition of approval that a contribution of $7,500- (approximately half the cost of a shelter) is paid prior to certification of the site plan for the development. Subject to this condition of approval being addressed, the development will comply with Transportation Element Policy A- 1.3. Transportation Element Poticy,;,la,-2.2: Bicycle parking and facilities shall be required on all new development and redevetopment. Particular emphasis is to be placed on development within the TCEA Area. The development proposal lobs accommodate a bicycle parking facility {i.e. bike rack} on -site along S:E. 2"d Avenue. Therefore, the development complies with Transportation Element Policy D--2.2. O' en S ace and Recreation Element Polic A-3.1: Tot lots and recreation areas serving children from toddlers to teens, shall be a fea#ure of all new housing developments as part of the design to accommodate households having a range of ages. This requirement may- be waived or modified for residential developments located in the downtown area and for infill projects having fewer than 2S units. This policy may be waived for projects in the downtown because the City recognizes that households located in the downtown are likely to have fewer children than those located in suburban settings. Further, land in the downtown is at a premium and it can be cost prohibitive to provide recreational features such as tennis courts, volleyball courts, etc. However, the proposed development does provide some recreational facilities to its residents, such as a swimming pool, deck, exercise room, library, club house, and resfraoms located on the 2"d and 3rd floor of the building. Some of the recreational, cultural and open space opportunities located in proximity to the Atlantic Shores development include: Veteran's Park, which includes a large playground and recreational area; the Municipal Beach; the Osceola Park Currie Commons, which includes a baseball field and playground; the City's Tennis Genter; and Old School Square Cultural Center. As playground areas are located close by {Veteran's Park and Osceola Park Currie Commons} and other facilities are available on site that can be utilized by children, such as the pool, the 4 III.F. Planning and Zoning Board Staff .t: Meeting - t~o~ernber 21,.2005 Conditional Use Requests for Atiar~~c Shores intent of this policy will be met. Based on the above, it is appropriate to partially waive {tot lot) this requirement to provide these services entirely on site. Housirsq Efemerit_Objective B-2: Redevelopment and the development of new land shall result in the provision of a variety of housing types which shall continue to accommodate the diverse makeup of the City's demographic profile, and meet the housing needs identified in this Element. Policies, which will implement this objective, include: Housing Element Paiicy B-2.2: The development of new adult oriented communities within the City is discouraged. New housing developments shall be designed to accomri~odate households having a range of ages, especially families with children, and shall be required to provide three {3) and four (4) bedroom units and activity areas for children ranging from toddlers to teens. This requirement may be waived or modified for residential development located in the downtown area and far infill projects having fewer than 25 units. This development will oat be restricted to occupancy by adults only. However, it is acknowledged that downtown cEwepings are not typically occupied by families with children. The proposed development will primarily accommodate young and middle-age professionals. T17e development will provide a mix of efficiency {studio units), one {1), and two {2) bedroom units. As allowed by this policy, it is appropriate that there not be a requirement to provide three {3) and four (4) bedroom units and ,specific activity areas for children for those residential development located in the downtown area. Housinrl _Objective A-12: To assist residents of the City in maintaining and enhancing their neighborhood environment, the City shall take steps to ensure that modifications in and around iff~e neighborhood do not lead to its. decline, such as those described. in the following po{icies.. Housing -Policy A_-12.3; ln. 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, s#abiFity of residential areas. if it is determined that a proposed development will result in a degradation of any neighborhood, the project shall be modified accardirrgly or denied. As noted pre~ious[y, the residents of this development will aid in the revitalization and economic stability of the downtown area. The introduction of additional residential dwelling units will increase safety of the area by introducing more night time activity and more "eyes on the street" as a deterrent to criminal behavior. Based upon the above, the development proposal will be consistent with Housing Policy A-12.3. REQUIRED FINDINGS RELATING TO INCREASE IN HEIGHT: Pursuant to LDR Section 4.3.4(K), the maximum height of structures in the CBD zoning district is 48'. Pursuant to LDR Section 4.3.4(J)(1), height is defined as the vertical distance from grade to the highest finished roof surFace of a flat roof or to the mean level between eaves and ridge for gable, hip, or gambrel roofs. For buildings adjoining one street, the grade is established as .the average of the mean elevation of the crown along the lot frontage. For buildings adjoining more than one street, the grade is established as the average of the mean elevation of the crown of the adjoining streets. The proposed building elevations indicate that the building wi11 have an overall height of 60' based an the crown of the road. 5 III.F. Planning and Zoning Board Staff art: Meeting -November 2'l, 2005 Conditional Use Requests for Atla~a~~c Shores - Pursuant to LDR Section 4.3.4(J)(4}(b)(i}(g}, an increase to a maximum height of 60' may be approved by the Ci#y Commission as a conditional use for property within the Central Core portion of the CBD (Central Business District}, except for that portion within '150' of any zoning distric# which has a maximum height limit of 35', measured from the property line of the CBD zoned property. The City Commission may approve an increase in height to a maximum height of 60' based upon a finding of compliance wi#h each of the enumerated criteria listed below. iii} That the increase in height will not provide tor, nor accommodate, an increase in the floor area (within the structure) beyond that which could be accommodated by development which adheres to a height limitation of 48', except for the following situations; ('I) An increase in intensity is allowed when the increase from 48' to 60' is for the purpose of accommodating residential use on the top fiaor of the structure; however, the increase in intensity is only for the added residential use area. The increase in height is requested to accommodate residential uses on the top floor of the proposed building, thereby meeting this requirement. (2} Are increase in intensity is allowed when there is a transfer of development rights pursuant to Section 4.6.20. The development proposal does not include a transfer of development rights. Therefore, this provision does not apply_ (iii}That the increase in height is based on or will result in two, ar more, of the following; {'1} That workforce housing is provided within the development in a manner consistent with the provisions of Sections 4.7.5(a) and {d); The development proposal does not include a workforce housing compiinent. Therefore, the increase in height cannot be based on the provision of workforce housing. (2) That 50% or greater of an .area of the ground floor is devoted to parking and vehicular traffic circulation; The conceptual plan does not provide the floor area of the ground floor, parking and vehicular traffic circulation areas. Based on measurements taken from -the conceptual plan, the ground floor area of the parking garage and vehicular traffic circulation area of the building consists of approximately 90% of the gross ground floor area. Overall, the total area of the ground floor devoted to parking, exceeds 50% and meets this requirement. A condition of approval is attached that the site plan include the ground floor area calculations for parking and vehicular traffic. {3} That for each foo# in height above 48', an additional building setback of two feet {2'} is provided from the building setback lines which would be established fora 48' tall structure. The additional setback is required from all setback lines (i.e., front, side, and rear} for the portion of the building that extends above 48 feet. In lieu of #his setback requirement, buildings in the CBD zone shall adhere to the setback requirements of that district. ~ IILF. Rlanning and Zoning Board Staffi '. ~rf: Meeting -November 21, 2p05 Conditional Use Requests for Atlas ~cic Shores The development proposal does not provide the additional 2' setback for each foot in excess of 48'. In lieu of this requirement, the development proposal complies with the setbacks for the CBD {Central Business District). The following table identifies the setback requirements for the building and the setbacks provided by the proposed development: ~!RO~t3S,~' Buildin Hei ht feel 1 Buildin Franta a Sefback feet SE 2"d Avenue S~ 2nd Avenue Fini hed Gr d f 25' 85.3% 5' - 1p' s a e o Remainin Len fh 2t)' 25' to 48' 48% 19' Remainin Len th 30' 48' and Above 1 flp% 44'-6" & 62'-4" The table above indicates that the proposed development meets the requirements of the LDR for a height from finished grade to 25' feet, for a height from 25' feet to 48' feet, and for a height of 48' and abode. (4} That a minimum of 5Q% of the ground floor building frontage consist of nonresidential uses (excluding parking}. The development proposal does not include a nonresidential component in the building frontage. Therefore, the increase in height cannot be based an the provision of nonresidential uses. Summary: Based. on the above analysis, the project can comply with two of the criteria, subject to compliance with the condition of approval that relates to provision of site data. Therefore, the proposed development is eligible for an increase in height, subject to compliance .with the condition of approval (staff condition No. 4 on page 16). PERFORMANCE STANDARDS FOR DENSITY INCREASE: In addition to the Condi#ional Use request for an increase in height, the applicant is seeking an increase in density above 30 units per acre (41.30 units per acre}. In order to grant the increase positive. findings with respect to LDR Section 4.4.13(1) need to be made. -LDR Section 4.4.13 I. -Performance Standards: These standards shall apply to all applications for new development and modification of existing developments which would result in a density greater than 34 dwelling units per acre. {1} The maximum permissible density of a particular project will be established through the conditional use process, based upon the degree to which the development complies with the performance standards of this section, the required findings of LDR Section 2.4.5(E} and other applicable standards of the Comprehensive Plan and Land ~ III.F. Planning and Zoning Board 5tafi; ort: Meefing -November 21, 2p05 Conditional Use Requests for Atia~.~c Shares ©evelapment Regulations. Notwithstanding the above, the approving body may deny an application for increased density where it is determined that the proposed project is not compatible in terms of building mass and intensity of use with surrounding development. The proposed development consists of 35 residential dwelling units on a 0.847 acres parcel of land, which results in a density of 41.3 dwelling units per acre. The development is located in the CBD zoning district, which allows the residential density to exceed 30 units per acre. subject to conditional use approval. The analysis with respect to LDR Section 4.4.13(1) and other relevant section of the LDR is provided below. (2} The applicable performance standards for development under this section are as follows: (a} The development offers variation in design to add interest to the elevations and relief from the building mass. ~'or example, the building setbacks or planes of the facade are offset and varied. In structures having more than two (2} s#ories, stepping back of the upper stories (third floor and above) is ,encouraged to decrease the perception of bulk. Building elevations incorporate several of the following elements. diversity in window and door shapes and locations;-features such as balconies, arches, porches; and design elements such as shutters, window mullions, quoins, decorative tiles, or similar distinguishing features. The proposed architecture style includes various elements of Flaribean influence such as shaped parapets, metal roofs, arched entrances, cable railing, decarati~e canopies, and bracket elements. As noted previously, the proposed development complies with the CBD setback requiremen#s, which requires a stepping back from 5' for:the ground: floor to 41' for the fifth floor. The building tias been designed to provide significant.relief in the perception of mass by dsirig a diversity of roof-Fines with a -combination of .hip-roofs with shaped parapets at different height intervals. The various roof -lines are well articulated by stepping .back as much as 62'4" from the front facade of the- building. This contributes to a reduction in-the perception of mass, provides a variation in design and adds significant visual interest to the elevations. In addition to the. step backs -and offsets provided, tha architectural elevations of the structure also incorporate diversity in color, .window and door shapes, multiple covered and uncovered balconies, Bahamas shutters, decorative aluminum grilllven#s, decorative balcony railings, -and exposed concrete overhangs. -The rhythm and proportionality of the architectural treatments create an appealing presentation. Based upon the above, the development proposal will be consistent with this performance standard. (b} If the building includes a parking garage as an associated structure or within the principal building, the garage elevation provides unified design elements with the main building through the use of similar building materials and color, vertical and horizontal elements, and architectural style.. The garage is designed in a manner that obscures. parked vehicles except in places where unavoidable, such as entrances and exits. Development of a portion of the ground floor perimeter adjacent to street rights of way. is devoted to window displays or floor area for active uses such as retail stores, personal and business service establishments, entertainment, offices, etc., is encouraged. The development proposal does incorporate a parking garage an the ground floor of the structure. The building materials utilized with the parking garage are architecturally consistent with materials utilized on the upper levels of the structure in terms of texture, color, and vertical and horizontal elements. l='urther, the architecture of the structure includes the parking garage on the ground floor, to the rear of the building with the $ III.F_ Planning and Zoning Board Staff rt: Meeting - November 27, 2005 Conditiana! tJse Requests forAtla~~c~c Shares ingresslegress for the parking lot located both on the east side (S.E. 2na Avenue} and on the west side (alleyway) of the building. The west side of the building reveals the parking area as part of the elevation with a unified architectural appearance. The parking garage elevation (west elevation) will consist of equally spaced openings separated by structural columns with a smooth stucco finish (painted) over C.M.U. and decorative aluminum grilllvents. The openings will be adequately landscape and wilt permit ventilation and natural light to enter into the parking garage. The proposed development is not located in a retail corridor and consequently the perimeter areas of the ground floor adjacent to street rights-of-way are not devoted to display windows andlor entrance to officelretail uses. Based upon the above, the intent of this performance standard has been achieved. {c} A number of different unit types, sizes and flour plans are available within the development. Two and three bedroom units are encouraged, as are a combination of multi-level units and flats. In projects consisting of more than twelve {12) dwelling units, the proportion of efficiency or studio type units may not exceed 25% of the total units. There is no maximum percentage established far projects having twelve {12) or fewer units, however, a mix of unit types and sizes is encouraged. The proposed development includes one, two, three, and four bedroom units as well as efficiencies. There are multilevel type units as well as flats: living .areas vary among units between 7.00 to over 2,b00 square feet. Some units have terraces while others have balconies. There are eighteen different unit types in the thirty five units proposed. Based upon the above, the intent of this performance standard has been achieved. {d} The in#eriors of the dwelling units prflvide unique features .and conveniences thaf distinguish them from standard multi-family projects and create an attractive living environment. Examples of some of the features that could be incorporated to meet this standard are: ceiling heights of nine feet {9') or greater; :extensive use of natural liigt~ting; panel doors throughout the interior; use of decorative molding for baseboard, door and window casings; wood or ceramic t"rle #looring in all or a portion of the units; built in cabinetry andlor shelving; arched entryways ar passageways; individual laundry facilities; special security features; or a combination of similar features and elements that meet the intent of this standard. The applicant has indicated that the development exhibits an overall unified architectural character and image by the use of common elements along the different parts of the project. Decorative light fixtures, the landscape promenade, and decorative pavers are same of the common elements that add character to the proposed development. In addition,- the public pool deck is a focal point on the east side of the structure above the parking deck. The step backs, offsets, and balconies provided along the facades will allow large amounts of natural light via different window shapes, which include floor to ceiling windows in some locations. Also, individual laundry facilities will be provided as standard items. Based upon the above, the intent of this performance standard has been achieved. {e) The development provides common areas and/or amenities for residents such as swimming pools, exercise rooms, storage rooms or lockers, covered parking, gardens, courtyards or similar areas andlor amenities. 9 Ill.l=. Punning and Zoning Board Staff art: Meeting -November 2'i, 2005 Conditional tJse Requests forAku~,. ,Shores The development proposal provides for most of the above referenced amenities, such as a swimming pool, pool-side gardens, exercise room, library room, and covered parking. Based upon the above, the intent of this performance standard has been achieved. (f) The development promotes pedestrian movements by providing convenient access from the residential units to the public sidewalk system. Pedestrian areas adjacent to the building are enhanced by providing additional sidewalk area at the same level as the abutting public sidewalk. Accessways to parking areas are designed in a manner that minimises conflicts between vehicles and pedestrians. The public street or streets immediately adjacen# to the development are enhanced in a manner that is consistent with the streetscape in the downtown area (i.e., installation of landscape nodes, extension of existing paver block system, installation of approved s#reet lighting, etc.). The proposed development is inherently a pedestrian friendly project. The townhouse type units, proposed along S.E. 2"d Avenue, encourage pedestrian activity along the street. The project proximity to Atlantic Avenue and Swinton Avenue will result in a pedestrian flow to the commercial, entertainment and cultural activities in the downtown. area. The applicant has indicated that sidewalk areas around the project will be re-built thereby recreating, the current pedestrian experience along the project edges. The applicant has also indicated that the project incorporates the extension of the existing paver block system in the downtown and the installation of approved street: lighting. and. street furniture. The development proposal provides safe and efficient pedestrian movement with convenient access provided from the residential units to the existing public sidewalk system and parking areas. Pedestrian. areas adjacent to -the building have been enhanced by providing. sidewalk areas at the same level as .the abutting public sidewalk. Also, access- to the. parking lot has been designed. in a manner that minimizes conflicts between vehicles and pedestrians. landscape islands in the public right-of-ways, and brick paver sidewalks enhance the public streets adjacent to -the proposed development. Based on the above, this performance standard has been met. (g} The development provides- opportunities to share parking, accessways, driveways, etc., wi#h adjoining properties, or provides additional parking spaces that may be used by the public, The development proposal will provide six {6} new parallel public parking spaces along SE 2"d Avenue that could be' used: by the public as an additional parking opportunity. Based upon the above, the intent of this performance standard has been achieved. (h) Projects fronting on Atlantic Avenue, NE 1$` Street or SE 15t Street contain nonresidential uses on' the ground floor. The nonresidential ground floor space has ceilings not less than ten feet {1f}') in height. At least 50% of the surface area of the front s#ree# walls} at the ground floor of each such building is devoted to display windows and to entrances to commercial uses from outside the building. The frontage of the subject property is along SE 2"a Avenue and thus, this performance standard is not applicable. Of the eight (8) performance standards outlined in LDR Section 4.4.13(1}, the subject development. proposal complies with seven (7) performance standards (a), {b}, {c}, (d}, (e}, {f}, and {g). Performance standard {h} is not applicable. Given this level of achievement with the performance standards it is appropriate to grant the requested increase in density. ~ 0 pI.F. Planning and Zoning Board Staff ' art: Meeting -November 21, 2005 Conditional Ilse Requests for 1~1t1ai~ciC Shores LDR SECTEON 2.4.5{E) -REQUIRED FINDINGS: Pursuant to LDR Section 2.4.5{E} (5), in addition to provisions of Chapter 3, the City Commission must make findings that establishing the conditional use will not: {a} Have a significantly detrimental effect upon the stability of the neighborhood within which it will be located; (b} Hinder development or redevelopment of nearby properties. The following table identifies the zoning designations and uses that are adjacent to the subject property: Zonrn : Use: North Central Business District-Railroad Corridor Food Processing Company (GBD-RG) Soufh Central Business District-Railroad Corridor WarehauselDistribution {CBD-RC} Easf Central Business District-Railroad Corridor StoreslCommercial/Retail (CBD-RC) West Central Business District {CBD) Future Site of Miraf[ores Develo rnent COMPLIANCE WITH LAND DEVELOPMENT REGULATIONS: In conjunction with the Conditional Use request a sketch. plan was submitted' willich staff has reviewed. It is noted that the conceptual plan is insuffcient to canduc# a complete analysis. of'the Land Development Regulations. If the Conditional Use is appiroved; a full site` plan submittal complying with LDR Section 2.4.3 will be required. Based' upon staffs review of the sketch plan and site inspections, the following. analysis is provided. Building Setbacks: The setback table included in the Required Findings Relating to increase in Height session of this report identifes thy: setback requirements far buildings located in the CBD District (other right-of-ways) and the setbacks provided by the proposed development. This table indicates that the proposal complies with LDR Sec#ion 4.4.13(F}(3) [Table 4.4.13-2j as it pertains to the Central Business ^istrict (CBD) zone district. Therefiore, a finding of compliance with this criteria can be made. Parking Requirements: Off-Street Parking: Pursuant to l_DR Section 4.4.13(G) (1) (e), the parking requirements for one, two and greater bedroom dwelling units within amultiple-family structure located within the CBD are to be provided as follows: Efficienc dweifin unit 1.0 spacelunit One bedroom dwellin unit 1.25 spaceslunit Two or more bedroom dwellin unit 1.75 spaceslunit Guest arkin shall be rovided cumulativel as follows: - first 20 units 0.50 s aceslunit - for units 21-50 0.30 s aceslunit - for units 51 and above 0.20 s aceslunit 11 IIi.F. __ Planning and honing Board Staff art: Meeting - November 2'f , 2005 Conditional Use Requests for AEIa~: Shores Pursuant to LDR Section 4.6.9(C) {2) (d}, guest parking spaces must be accessible to all visitors and guests. The development proposal consists of 35 residential dwelling units. Based upon the above, this requires 50 parking spaces for residents and 14 guest parking spaces for a tots! of 64 parking spaces provided. It is noted, that any future conversion of residential area to cammerciallretail floor area or to restaurant will require the processing of a site plan modification which-shall address any additional parking demand. Likewise, any current use of the proposed residential floor area along S.E. 2"d Avenue as office area will require additional parking spaces that are not currently being provided. Corr~aact Parkin Pursuant to LDR Section 4.6.9{C) (1) (g), up to 30% of the required parking for any use may be designated far compact cars. The development proposal includes twelve (12) compact parking spaces located within the proposed ground floor parking garage. This represents approximately 18.75% of the total spaces, thus meeting the requirement. Handica ed Accessible Parkin Pursuant to LDR Section 4.6.9(C) {1) (b}, special parking spaces designed for use by the handicapped shall be provided pursuant,. to the provisions of Florida Accessibility Cade for Building Construction. Accessibility for residential strtactures is covered by the l=ederal Fair Housing Act. Pursuant to this act, two percent (2%} of the parking spaces serving the development must be handicapped accessible and accessible visitor spaces should be provided at a rate in accordance with the local code. Based upon the 64 parking spaces required, the development needs to provide a minimum of two (2) handicap accessible parking space and three (3) handicap accessible parking spaces have been provided. Pursuant to LDR Section 4.6.5 and .the Florida Accessibility- Code for Building Construction, the height ctearance of the handicap parking areas need to be -nine and one-half #e-et (9.5') to allow the access of handicap vans. A note to this effect has been placed on the site plan, #hus meeting this requirerr~ent. On-Street Parking: Although not counted toward meeting the parking requirements for the project, a total of six {6) public parallel parking spaces are being provided by the developer within the SE 2"d Avenue right-of-way. Although available to the general public, these spaces should help meet the shock term parking requirements of residents and guests of the project. A maximum time limit of two (2) hours during the daytime should be imposed by the City to prevent long term parking.. Lighting: A photometric plan consistent with the requirements of LDR Section 4.6.8 and light polelfixture details. has been submitted for the development proposal. Thus, this requirement has been met. Bicycle Parking: LDR Section 4.6.9{C) (1) (c} and Transportation Element Policy D-2.2 of the Comprehensive Plan recommend fhat a bicycle parking facility be provided. Such facility has been located along SE 2"d Avenue at the northeast side of the building and thus, this requirement has been met. Also, pursuant to Transportation Element A-1.3 of the Comprehensive Plan, the applicant shall provide a bus she{ter contribution ($7,500) for the site which is attached as a condition of approval. Plat: A plat must be processed and recorded prior to issuance of a building permit; and this is attached as a condition of approval. 12 ll[.F. Planning and Zoning Board Staff ,if: Meeting - ~tovember 21, 2005 Conditional Use Requests forAtfd~~~ic Shores Minimum Residential Floor Area: The following table indicates that the proposal complies with LDR Section 4.3.4(K}[Minimum residential floor area]. There are 9 efFiciency dwelling units that range in size from 725 square feet to 1,291 square feet; 10 one-bedroom dwelling units that range in size from 1,096 square feet to 1,175 square feet; 6 two-bedroom dwelling units that range in size from 1,453 square feet to 2,342 square feet; 6-three bedroom dwelling units that range in size from 1,672 square, feet to 2,130 square feet; and 4four-bedroom dwelling units that range in size from 1,978 square feet to 2,572 square feet. Based upon the above, this LDR requirement has been met. Standard Sy ',F.t. F~rovided Sq. Ft, ` - Total Units Compliance wifh LDR Re uireinents? -- - - - Y N Efficiency 400 725 - 1,291 9 18edroomUnits -600 1,096-1,175 10 2 Bedroom Uni#s 9DD 1,453 -- 2,342 6 3 Bedroom Units 1,250 1,672 - 2,130 6 4 Bedroom Uni#s 1,500 1,978 - 2,572 4 Vehicular Stackin Distance: Pursuant to LDR Section 4.6.9(D}{3)(c)(1}, the minimum stacking distance for a parking area that has 51 oc more parking spaces is 50': The proposed fi4-space parking area along the SE 2"d Avenue does not provide the minimum stacking distance to the street right-of-way of SE 2nd . Avenue. This will require a waiver during the site plan review process. The parking garage provides one access driveway along SE 2~,d Avenue. The proposed stacking distance from the eastern access driveway to SE 2nd Avenue is approximately 44'. Sight Visibil.ity_Triangles: Ptrsuant to LDR Section 4.6.14, the 20' and 40' visibility triangles need to be noted at the intersections of drivewayslrights-af-way and at the intersection of two public rights-o#-way. The sight visibility triangle along S.E. 2~d Avenue has been depicted in the site plan. Thus, this requirement has been met. Right-of-Way Dedication: Pursuant to LDR Section 5.3.1 and the Transportation Element of the City's Comprehensive Plan, the ultimate right-of-way width for S.E. 2nd Avenue is 60' and only 50' of right-of-way currently exists. For existing streets, the City Engineer, upon a favorable recommendation from the Development Management Services Group (DSMG}, may grant reductions in right-of-way widths. The applicant shall contact the City Engineer to establish whether dedication for the ultimate right-of-way width will be required on S.E. 2nd Avenue, which Is attached as a condition of approval. Ailey: Pursuant to LDR Section 5.3.1 {D} {2), the required width of an alley is 20' or the existing dominant width. Further, pursuant to LDR Section 5.3.1(D) (3), additional right-of-way width may be required to promote public safety and welfare; to provide far storm water management; to provide adequate area for street trees; and to ensure adequate access, circulation and parking in high intensity use areas. Such a determination shall be advanced by a recommendation from the City Engineer. The authority for requiring such additional right-af--way 13 II1.F. Planning and Zoning Board Staff Fort Meeting -November 29, 2005 Conditional Use Requests for Atl~,~_.a Shores shall rest with the body having the approval authority of the associated development application. The existing alley right-of-way width is 16'. The development proposal wi!! provide aloading-bay and garbage pick-up-off the alley. The City Engineer and DSMG have determined that the width of the alley should be expanded to a width of 20', which is consistent with the widths provided with recent redevelopment proposals. Therefore, a dedication of two feet (2') from the subject property is required and has been depicted on the site plan. Thus, this requirement has been met. Refuse Enclosure: Pursuant to t_DR Section 4.6.6(C) (1}, dumpsters, recycling containers and similar service areas must be enclosed on three sides with vision obscuring gates- on the fourth side, unless such areas are not visible from any adjacent public right-of--way. The development proposal includes a dumpster with overhead doors accessible from the abutting alley. The applicant has s#ated that maintenance personnel will transfer the trash to the dumpster: Accommodation for bins for recyclables has been provided. Street Improvement Obligations: Pursuant to l_DR Section 6.1.2{A} {2} {b), -when a street or alley is located on a boundary of a project, the project is responsible for providing one-half of the current costs {irr cash funds) of such improvements along its ;property line. The alley which abuts the west side of the subject property is un-improved at present. Therefore, based upon the above, the project is responsible for payment of one-half the costs of improvement of the alley which, is attached as a condition of approval. Architectural Standards.: It is noted that pursuant to LDR Section 4.6.18{B)(14){~); buildings subject to the ©owntown Design Guidelines are required to provide a change in roof design, doors and window rhythm and articulation; and building materials or textures every 150' of .building frontage.. Minimum spacing between the -same architectural compositions shalt be 3fl0'. Determination of compliance with this development regulation cannot be made at this time. Vllith the submittal of a site plan application, the applicant -will need to submit complete renderings and colored elevations. It is noted that the three volumetrical variations present on the east elevation {which have less than a-.300' separation) could be considered to be sufficient to meet the separation in architectural compositions requirement. REVtE1t O H!fµR~ Community Redevefo~ment Agency: The Community Redevelopment Agency {CRA} reviewed the development proposal at its meeting of September 22, 2005. The Board recommended approval of the Conditional Use requests for Height & Density and Site Plan by a vote of 5-0. Downtown Development Authority: The Downtown Development Authority (DDA} reviewed the development proposal at its meeting of October 10, 2005. The Board recomrriended approval of the Conditional Use requests for Height & Density. ~ 4 (II.F. Planning and Zoning Board Staff ,ort: Meeting -November 21, 2005 Conditional Use Requests farAtla~~cac Shpres Site Plan Review and Appearance Board (SPRAB]: If the conditional use requests are granted, a site plan application addressing the outstanding technical comments would need to be approved by the SPRAB. 1"inal action on the site plan will rest with SPRAB. Courtesy Notices: Courtesy notices have been provided to the following homeowner's andlor civic associations which have requested notice of developments in their areas: ^ Bill Wood, Delray Beach Chamber of Commerce ^ Carolyn Zimmerman, President's Council ^ Gerry Franciosa, Progressive Residents of Delray (P.R.O.D.) ^ Gail-Lee McDermott, Osceola Park Public Notice: Formal public notice was provided to properly owners within a 500' radius of the subject property prior to the Planning and Zoning Board meeting of November 21, 2005. Letters of support or objection, if any, will be presented at the Planning and Zoning Board meeting: -ASSESSIVfEFr1T$AiV,D CO~~LUSIOI~ ' The proposed conditiona! uses are- to allow for amixed-use structure having a height, in excess of 48' (60'-0" is proposed} and to allow for a density in excess of 30 units per acre within the CBD {41.3 dulac is proposed}. As described in this staff report, the request far additional height meets with the criteria establisheif in LDI=i Section 4.3.4(J) (4) (b), and the increase `in density above 3.0, units. per acre, is supportable as the project meets or exceeds the Performance Standards found in Lf]R Section. 4..4.13{I}.. The. provision of additional residential dweiling~ units irvithin the downtown area will further the long term revitalization and stabilization of the CBD. The proposed use is consistent with-the objectives and policies ofthe Comprehensive I'[an and. Chapter 3 of the LDRs. Positive findings can be made with respect to LDR Section 2.4.5{E} (5}, regarding cori~patibility of the proposed development. with the surrounding. properties for the requested increases in building height and density. It is noted that. pursuant to. LDR Section 4.4.13{I} {1 }, despite the fact that. compliance with the performance standards is possible subject to the attached conditions, the Board may deny the application for increased density if the Board does not agree that the proposed changes are compatible in terms of building mass and .intensity of use with surrounding deyeiopment. A. Continue with direction. B. Move a recommendation of approval of the conditional .use requests to allow for a building height in excess of 48' (60'-0") and a density in excess of 30 units per acre {41.3 dulac} for Atlantic Shores, by adopting the findings of fact and taw contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets criteria set forth in Sections 2.4.5(E} (5), 4.3.4{J} (4) (b), 4.4.13{l), and Chapter 3 of the Land Development Regulations, subject to conditions. C. Move a recommendation of denial of the conditional use requests to allow for a building height in excess of 48' (60'-0") and a density in excess of 30 units per acre (41.3 dulac) for Atlantic Shores, 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 15 III.P. Planning and Zoning Board Staff . ~rE: Meeting - t`iovember 29, 2005 Conditional Use F2equests for Ath' _ Shores criteria set forth in Sections 2.4.5(E) (5}, 4.3.4{.!} (4} {b}, 4.4.9 3{I}, and Chapter 3 of the Land Development Regulations. ~ , :,jI11~ID~P AC~~1 By Separate Motions: ^ Move a recommendation of approval of the conditional use request to allow far a building height. in excess of 4$' (60'-0"} for A#lantic Shores, by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets criteria set forth in Sections 2.4.5{E} {5), 4.3.4(J} (4} (b), and Chapter 3 of the Land Development Regulations; ^ Move a recommendation of approval of the conditional use request to allow for a density in excess of 30 units per acre (41.3dulac) for Attaritic Shores, by adopting the findings of fact and law contained in the staff report, and finding that the request and approva[ thereof is consistent with the Comprehensive Plan and meets criteria set forth in Sections 2.4.5{E} (5), 4.4.93(6}, and Chapter 3 of the Land Development Regulations; Vllitii said approvals to be suE,ject to the following conditions: 1. That the outstanding technical comments listed in Appendix "A" are addressed prior to site plan approval; 2. That a contribution of $7,500 {approximately .half the cost of a shelter} is paid prior to certification of the site plan far the provision of a Palm Tran bus stop shelter; 3_ That the project be responsible for payment of one-half the costs of improvement of the alley; 4. That the site plari data.. includes the ground floor area calculations for parking and vehicular traff c; 5_ That a plat is processed and recorded prior to issuance of a building permit. 6. The applicant shall contact the City Engineer to establish whether dedication for the ultimate right-of-way width will be required on S.E_ 2~d Avenue. Atfachmenfs: Appendix "A'; Location Map, Site Plan, Floor Plans, and Architectural Elevations Staff Reporf Prepared by: Estelio 8refo, Senior Planner 1 ~ 131.F. Planning and Zoning Board Staf< ; art: Meeting -November 29 , 2005 Conditional Use Requests for Atio,.~s.; Shores 1. Provide engineering plan prepared by a Plorida registered professional engineer. Engineering plan is to be done on a survey base sheet. All existing facilities are to be delineated on the engineering plan. 2. Provide accurate site location map. 3. Health Department permits are required for this project. Provide copies of the water permit and sewer permit. 4. A SFWMD permit is required far this project. -Provide copies of permit or a letter of exception. - 5. Provide copy of certified boundary survey. 6. A plat will be required. No building permit will be issued until the plat is recorded. 7. Indicate existing elevations on existing roadway. 8. Indicate proposed finished floor and paving elevations and existing and proposed site grades. 9. Provide a typical cross section from building to adjacent right-of--way or adjacent property at ail property fines. Pay particular attention to grade differential from proposed site to existing adjacent properties and show the existing grades on adjacent property. 10. Site is required to retain 5 year 1 Dour storm (3.2"} in addition- to meeting water cjuality criteria (1 "}. Provide signed and sealed drainage calculations and indicate how storm water will be retained on site. 1'I .Provide certified exfiltration trench test results. 12. Show nearest existing drainage structures. 13. Indicate on engineering plans how the roof drainage is accommodated. 14. Provide paving cross section. 15. Clearly dimension driveway width. Maximum width of driveway is 24 feet. 'I S. Clearly indicate on plans the limits and types of all curbing. 17. Parking layout and striping need to follow City of Delray Beach standards. Provide standard City of Defray Beach parking stall detail. 18. Indicate stop bars and signs at egress drives as well as providing interior traffic control markings and signage. Clearly indicate onsite traffic control. 19. Clearly indicate limits of right of way and the center line of the road. 9 7 111.1=. Planning and Zoning Board Staff art: Meeting -November 21, 2t3t15 Conditional Use Requests forAtla,~~c Shores 20. Indicate sight distances at all ingresslegress points and all intersections. Sight triangles should be indicated on landscape plans. Provide copy of the approved landscape plans. Per section 4.6.14 of LDR's, any landscaping in the site triangle "shall provide unobstructed cross-visibility at a level between 3' and 6"'this includes tree trunks. 21. Show nearest existing fire hydrants and add any necessary hydrants per fire department requirements. 22. Provide note that water meter sizes are to be determined by the City of Delray Beach Utility Department upon building permit application and remove the size indicated on the engineering plans. 23. Indicate location of existing water service. A RPZ backflow preventor will be required on the water service. Provide standard city RPZ backflow preventor detail on plans. 24.1'rovide proposed water meter locations. 25. Engineer is to field verify location, size and depth of existing City of Delray Beach utiEities prior to submitting Final Engineering Plans. 26. Provide on the plans current City of Delray Beach standard construction details as applicable. 27. AEI connections to existing water mains shall be made while the water main is under normal working pressure. If this cannot be accommodated, the design shall incorporate sj~ecial provisions such as Eine-stops to minimize the impact on existing customers. 2~8. Indicate on plans the location of pigging wyes. 29. Provide on the detail sheet the City's standard Fill and Flush detail. 30. Proposed water main should be looped. 31. Minimum size of water main in City of Delray Beach is 8 inches. Material of proposed water main is to be DuctiEe Iron Pipe or C-900. 3'2. Provide double valves at connection points. 33. Indicate location of irrigation water meters (east of I-95 only). 34, Provide 12 foot water and sewer easements over water and sewer mains. 35. Indicate location of existing sewer service. A cleanout will be required on the sewer service at the right-of-way Eine andlor easement line. 36. Indicate typical configuration and location of proposed sewer services with cleanouts. 37. Indicate rim and invert of upstream and down stream manholes of proposed sewer laterals. 38. Provide all inverts of proposed sewer manholes_ 39. Provide signed and sealed calculations indicating that existing lift station and force main which collects waste from proposed site has sufficient volumetric and pumping capacity; 18 III.E=. Planning and Zoning Board Staff irt: Meeting _ November 21, 2DO5 Cnndi#ionai #Jse Reaues#s forAtla.:,... Shnres contact Dan Beatty at 243-7295 for needed information. Also, confirm that downstream gravity sewer mains have sufficient capacity. 40. Provide signed and sealed calculations indicating that proposed lift station and force main have sufficient capacity. 41. Provide details on proposed lift station. See City of Delray Beach Standards. 42. Provide details of force main connection to existing manhole. 43. Provide note on both the Engineering Plans and the Landscape plans that there shall be no trees or shrubs placed within water, sewer or drainage easements. 44. Provide copy of approved Landscape plan. 45. Provide per LDR Section 2.4.3 {F) {4), a composite utility plan that show the location of all existing -and proposed utilities {water, sewer, power, telephone, gas, cable, and drainage). The composite plan shall be signed by a represenfiative of each utility provider attesting to the fact that services can be accommodated as shown on the composite utility plan. The composite -plan shall address the responsibility for relocation of existing services and installation of new services. 46. A minimum 10' general utility easement is to be provided through the property. 47. A certified engineer's estimate will be required for water and sewer improvements. A 114% surety and 2% engineering inspection fees will be required. A Financial Guarantee and Agreement for Completion of Required Improvements is required. This agreement can be obtained at www.mydelraybeach.com. For additional information see Section II of the City of Delray Beach (Minimum Construction Standards. Prior to Certificate of Occupancy and the return of the 110% surety a 10% warranty surety will be required. 4$. Provide a Pollution Prevention Plan. Prior to and during construction of a1[ sites, the permitee shall implement and maintain all erasion and sediment control measures included in the required Pollution Prevention Plan. For projects aver One (1} Acre in size provide a copy of EDEP Notice of Intent. 49. Provide a detailed description of how each of these comments has been addressed with next submittal, along with two sets of revised plans to the Engineering Department, 434 S. Swinton Avenue. 50. Additional comments may fallow upon provision of requested information. 19 111. F. CITY HALL COMMUNITY CENTER TENNIS OLD STADIUM :~ SCHOOL A T L A N T I C SOUTH COUNTY COURT HOUSE w 7 S. W. 2ND 57. i ~~ W. 3RD ST. M~12Rr TT PARK SQUARE S.E. 1 S 7 ST. J F1DEL! ~ ~ N FEOER ~ BANK ~ ~ - ~ w ~ ~ W S.E. 2ND ST. r ~ o z ~ M d~- ~ ~ h- ~ Q w z ~ w D >' °w ~ ~ Z S.E. 3 RD ST. w ~i N -~- ATLANTIC SHORES CITY OF DELRAY BEACH, FL PLANNING & ZONING DEPARTMENT - -- DlCITAL BASE MAP SY57EM -- MAP REF: iMee2 N.E. O 0 z }= ~~ ~ A V L N U~ MICHAEL WEINER & ASSOCIATES, P,A, ATTORNEYS AT LAW 10 S.E. 1St Avenue, Suite C Delray Beach, Florida 33444 Telephone: (561) 265-266fi Telecopier: (561 } 272-6831 E-mail imankoff a[?zanelaw.com MICHAEL S. WEINER JASON S. MANKOFF October 16, 2009 Mr. Paul Dorling Drector of Planning and Zoning City of Delray Beach 100 N.W. 1stAVenue Delray Beach, Florida 33444 Re: Request for Extensions for Atlantic Shores Our File No.: ASJV002 Dear Paul: KERRY ©. SAFIER Via Hand Delr"veuy Pursuant to Section 2.4.4(F} of the Land Development Regulations of the City of Delray Beach, Florida {"LDRs"), this- letter is submitted on behalf of our client, Atlantic Shores of Delray Beach, as a written request to the City of Delray Beach ("City") for a two (2) year extension for the Conditional Use and Site Plan for Atlantic Shores. Like most projects in the City, this project has been delayed due to economic and market reasons. Numerous residential developments that received site plan approval in the last few years have experienced difficulties in proceeding with the construction phase due to market forces. In fact, recognizing this issue, the State Legislature has passed legislation automatically extending apprar-als in some instances. As a result of this "soft" real estate market, the City has approved numerous requests for extensions. Therefore, it is reasonable to find that external circumstances have hindered the construction of this development and that the requested extensions should be granted. Therefore, we respectfully request your support of these extensions. Enclosed please find a fee in the amount of $1,430.00 made payable to the City of Delray Beach for both extension requests. Please let us know the respective dates that the extension requests will be heard and before which boards. Very truly ours, ~" ~ son S. Mankoff ~ :~ ( . ~. ,,. '; ~ ~' JSM:aI~ ~j OCI~ ~. ~ 100 ~ ~i ~ ~, Enclosure _ .::~~ ~.-._ -.~_.~..._.~_._...__~~....~..._.x .~:~ cc: Mr. Peter Baronoff {wl enclosure) ••;~ i ~,~ EEC ~ E Michael S. Weiner, Esquire {wlo enclosure) 0:1ASJVOp2lLetter to Dorling re extension requests_Oct 16 2tl09.doc MEMORANDUM TO: Mayor and City Commissioners FROM: Ronald Hoggard, AICP, Principal Planner Paul Dorling, AICP, Director Planning and Zoning THROUGH: City Manager DATE: November 12, 2009 SUBJECT: AGENDA ITEM 9.B. -REGULAR COMMISSION MEETING OF NOVEMBER 17, 2009 WAIVER REQUESTS AND PLAT APPROVAL/HAPPY TOGETHER PLAT ITEM BEFORE COMMISSION The item before the City Commission is the certification of a final plat and approval of two waivers for a 0.81 acre, two lot, single family subdivision known as HAPPY TOGETHER. BACKGROUND The subject property is within the Lake Ida Neighborhood Overlay District and is located at the northwest corner of NW 9th Street and 4th Avenue. The property is zoned Single Family Residential (R-1-AAAB) and contains cone-story single family residence constructed in 1972. The existing house will remain on lot 1 and the undeveloped western portion of the property will become lot 2. The Happy Together plat is now before the City Commission for final action. Plat Analysis: City staff has reviewed the plat and determined that all technical comments have been satisfied. Pursuant to LDR Section 3.1.1, prior to approval of development applications, certain findings must be made in a form which is part of the official record. This may be achieved through information in the application, the staff report, or minutes. Findings shall be made by the Commission to approve or deny the development application. These findings relate to Future Land Use Map Consistency, Concurrency and Consistency with the Comprehensive Plan, and Compliance with the Land Development Regulations. The subject property has a Future Land Use Map Designation of LD (Low Density, 0-5 dwelling units per acre) and is in the R-1-AAAB (Single Family Residential) Zoning District. Within the R-1-AAAB zoning district, conventionally sited single family detached residences are allowed as a permitted use. The addition of one new dwelling unit will have a minimal impact on water and sewer demands, traffic, drainage and solid waste as it relates to their level of service standards. Both water service and sewer service are available via connection to existing lines in NW 9th Street. Residential development, east of I-95, is exempt from traffic concurrency standards. No internal street system is proposed with this development as direct access is available from NW 9th Street and NW 4th Avenue. It is noted, however, that the existing right-of-way for NW 9th Street is only 25 feet in this area. At its meeting of July 16, 2009, the DSMG found that an additional 15' right-of-way dedication and 5' sidewalk easement would be required along NW 9th Street. Both of these have be shown on the plat as required. An existing fence is located within the 15' right-of-way dedication area and a pool deck is located within the sidewalk easement on lot 1. Therefore, the applicant has agreed to execute a Hold Harmless Agreement, indicating that any modifications to these items, which may be required for future roadway expansion andlor sidewalk installation, will be at the owner's expense. A park impact fee of $500 for the new unit will be collected prior to the issuance of a building permit and the Palm Beach County School District has approved the application for Concurrency Determination for one additional single family residential unit. Pursuant to LDR Section 3.2.3 (Standards for Site Plan andlor Plat Actions) shall be the basis upon which a finding of overall consistency is to be made. As described in Appendix "A", a positive finding for consistency can be made as it relates to Standards for Plat Actions. Based upon the above, positive findings with respect to Future Land Use Map Consistency, Concurrency and Consistency with the Comprehensive Plan, and Compliance with the Land Development Regulations can be made. LDR Section 2.4.7 (B~(5) (Required Findin,~s for the Grantin,~ of Waivers Pursuant to LDR Section 4.31(D), lots or yards created after October 1, 1990 shall meet the minimum requirements established by Chapter 4, unless the City Commission declares at the time of approval of an associated development application, that it is necessary and appropriate to create such nonconformity. Pursuant to Section 4.3.4(E)(3), "The front of a lot is the side with frontage on a street. For corner lots, the side having the least street frontage shall be the front for setback purposes" By this definition, the current lot has dimensions of 182.77' wide by 198.97' deep and fronts on NW 4th Avenue. With the replat, both lots in this subdivision will front on NW 9th Street. The proposed plat meets all the LDR requirements except for Lot 2, which at only 90' wide, will be deficient with respect to lot width and frontage (see table below) The applicant has requested two waivers to LDR Section 4.3.4(K) (Development Standards Matrix) to allow a reduction in lot width and frontage dimensions below the minimum requirement for the newly created Lot 2. The 90' of proposed frontage is deficient by 10' (minimum requirement 100') as noted in the following table: LotSize (Square Feet Lot Width Lot Depth Lot Frontage Mini~nu~n Required 12,500 100' 110' 100' Existing Lot 35,473 182.77' 198.97' 182.77' Proposed Lot 1 18,297 109.06' 167.77' 108.98' Proposed Lot 2 14,191 90.00' 151.83 90.00' Pursuant to LDR Section 2.4.7(B)(5), prior to granting a waiver, the granting body shall make findings that the granting of the waiver: (a) Shall not adversely affect the neighboring area; (b) Shall not significantly diminish the provision of public facilities; (c) Shall not create an unsafe situation; and, (d) Does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. The proposed Happy Together Plat would subdivide the property into two single family lots with widths of 90' and 109.06'. There is a wide variation in lots widths in this neighborhood from 75' to over 100', and most lots are between 1/4 to 1/3 acre in size. The existing lot, at over 182 feet wide and 0.8 of an acre in size, is substantially larger than most lots in the area and represents an inefficient use of the property. The City is now 98.9% developed. As it approaches build-out, it is necessary to accommodate growth through redevelopment and more efficient use of property. This efficient use of resources is a necessary step in the right direction toward creating a sustainable city. Development on the existing parcel consists of a house and pool located on the eastern portion of the property, which will become Lot 1. A wood fence separates this developed area from the western portion of the property, which visually appears to be an undeveloped lot from the street. Subdivision of the property into two lots will allow a new house, constructed within this void, to visually complete the streetscape on NW 9th Avenue. Approval of a decrease of 10' in the lot width and frontage for lot 2, from 100' to 90', will not have a negative impact on the visual character of the street. It is also important to note that since the property is located within the Lake Ida Neighborhood Overlay District, additional development standards are in place to ensure that the future development of lot 2 will be compatible with the surrounding neighborhood. The neighborhood consists of a mixture of lot sizes ranging from 75' to over 100' wide and small lots are located adjacent to larger lots throughout the area. Even with the replat, the overall size of the new lots within the proposed subdivision will still be substantially larger than the minimum requirement for the zoning district (46% larger for lot 1 and 14% larger for lot 2). Other requests to create similar nonconformities under unique circumstances have been previously approved. The "Frysinger properties" located at the southeast corner of S.E. 5th Street and S.E. 4th Avenue (Lots 7 & 8, Block #4, Plat of Osceola Park) consisted of two reconfigured lots that were both approved with nonconforming frontage, width, depth and size. As previously noted, this proposal creates only one nonconforming lot, with respect to width and frontage, and the configuration of the new lots is compatible with existing lot widths in the surrounding neighborhood. Given the existing development pattern, the waivers will not adversely affect the neighboring area, diminish public facilities, or create an unsafe situation, and an approval would be granted in a similar situation. Based upon the above, it is necessary and appropriate to approve the requested waivers in order to maintain a level of consistency and sustained development within the neighborhood. REVIEW BY OTHERS Minor Subdivisions are not reviewed by the Planning and Zoning Board and the property is not located in an area requiring recommendations from any other Board or Agency. Public Notice: Pursuant to LDR Section 4.31(D), formal public notice of the proposed waivers was provided to all property owners within a 500' radius of the subject property. To date, one e-mail has been received in objection to the waivers. Any future letters of support or objection will be presented at the City Commission meeting. RECOMMENDATION By Separate Motions: Waivers: Move approval of two waivers to LDR Section 4.3.4(K) (Development Standards Matrix) to reduce the lot width and frontage for Lot 2 of the Happy Together Plat from 100 feet to 90 feet, based upon positive findings with respect to LDR Sections 2.4.7(B)(5) and 4.31(D). Plat: Move approval for the Happy Together Plat, 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 Section 2.4.5(K) (Minor Subdivisions), Section 3.2.3 (Standards for Site Plan and/or Plat Actions) and Section 3.11 (Required Findings) of the Land Development Regulations. IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA WAIVER REQUESTS FOR HAPPY TOGETHER ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA 1. The waiver requests regarding a lot width and lot frontage for Happy Together has come before the City Commission on November 17, 2009. 2. The Applicant and City staff presented documentary evidence and testimony to the City Commission pertaining to the waiver request for the Project. All of the evidence is a part of the record in this case. Required findings are made in accordance with Subsection I. I. WAIVERS: Pursuant to LDR Section 4.3.1(D), lots or yards created after October 1, 1990 shall meet the minimum requirements established by Chapter 4, unless the City Commission declares at the time of approval of an associated development application, that it is necessary and appropriate to create such nonconformity. Pursuant to Section 4.3.4(E)(3), "The front of a lot is the side with frontage on a street. For corner lots, the side having the least street frontage shall be the front for setback purposes" By this definition, the current lot has dimensions of 182.77' wide by 198.97' deep and fronts on NW 4th Avenue. With the replat, both lots in this subdivision will front on NW 9th Street. The proposed plat meets all the LDR requirements except for Lot 2, which at only 90' wide, will be deficient with respect to lot width and frontage (see table below) The applicant has requested two waivers to LDR Section 4.3.4(x) (Development Standards Matrix) to allow a reduction in lot width and frontage dimensions below the minimum requirement for the newly created Lot 2. The 90' of proposed frontage is deficient by 10' (minimum requirement 100') as noted in the following table: Lot Size (Square Feet) Lot Width Lot Depth Lot Frontage Minimum Required 12,500 100' 110' 100' Existing Lot 35,473 182.77' 198.97' 182.77' Proposed Lot 1 18,297 109.06' 167.77' 108.98' Proposed Lot 2 14,191 90.00' 151.83 90.00.' 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. A. Waiver to Lot Width: Would a waiver to Section 4.3.4(K) reducing the lot width from 100 feet to 90 feet comply with the requirements of 2.4.7(B)(5)? Yes No B. Waiver to Lot Frontage: Would a waiver to Section 4.3.4(K) reducing the lot frontage from 100 feet to 90 feet 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 submitted and finds that its determinations set forth in this Order are consistent with the Comprehensive Plan. 4. The City Commission finds there is ample and competent substantial evidence to support its findings in the record submitted and adopts the facts contained in the record including but not limited to the staff reports, testimony of experts and other competent witnesses supporting these findings. 5. Based on the entire record before it, the City Commission approves or denies the waivers requested to LDR Section 4.3.4(x). Approve Deny 2 6. Based on the entire record before it, the City Commission hereby adopts this Order this 17th day of November, 2009, by a vote of in favor and opposed. ATTEST: Chevelle Nubin, City Clerk Nelson S. McDuffie, Mayor 3 City Commission Documentation, Meeting of November 17, 2009 Final Subdivision Plat - Happv Together APPENDIX A STANDARDS FOR PLAT ACTIONS A. Building design, landscaping, and lighting (glare) shall be such that they do not create unwarranted distractions or blockage of visibility as it pertains to traffic circulation. Not applicable X Meets intent of standard Does not meet intent B. Separation of different forms of transportation shall be encouraged. This includes pedestrians, bicyclists, and vehicles in a manner consistent with policies found under Objectives D-1 and D-2 of the Transportation Element. Not applicable X Meets intent of standard Does not meet intent C. Open space enhancements as described in Policies found under Objective B-1 of the Open Space and Recreation Element are appropriately addressed. Not applicable X Meets intent of standard Does not meet intent D. The City shall evaluate the effect that any street widening or traffic circulation modification may have upon an existing neighborhood. If it is determined that the widening or modification will be detrimental and result in a degradation of the neighborhood, the project shall not be permitted. 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 consistent with adjacent development regardless of zoning designations. Not applicable Meets intent of standard X Does not meet intent 1 City Commission Documentation, Meeting of November 17, 2009 Final Subdivision Plat - Happv Together F. Vacant property shall be developed in a manner so that the future use and intensity are appropriate in terms of soil, topographic, and other applicable physical considerations; complementary to adjacent land uses; and fulfills remaining land use needs. Not applicable Meets intent of standard X Does not meet intent G. Redevelopment and the development of new land shall result in the provision of a variety of housing types which shall continue to accommodate the diverse makeup of the City's demographic profile, and meet the housing needs identified in the Housing Element. This shall be accomplished through the implementation of policies under Objective B-2 of the Housing Element. Not applicable Meets intent of standard X Does not meet intent H. The City shall consider the effect that the proposal will have on the stability of nearby neighborhoods. Factors such as noise, odors, dust, traffic volumes and circulation patterns shall be reviewed in terms of their potential to negatively impact the safety, habitability and stability of residential areas. If it is determined that a proposed development will result in a degradation of any neighborhood, the project shall be modified accordingly or denied. Not applicable Meets intent of standard X Does not meet intent I. Development shall not be approved if traffic associated with such development would create a new high accident location, or exacerbate an existing situation causing it to become a high accident location, without such development taking actions to remedy the accident situation. Not applicable Meets intent of standard X Does not meet intent J. Tot lots and recreational areas, serving children from toddler to teens, shall be a feature of all new housing developments as part of the design to accommodate households having a range of ages. This requirement may be waived or modified for residential developments located in the downtown area, and for infill projects having fewer than 25 units. 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YjI ->. ~y 1I~~r. °~ '~^~ ~ ~ ~','... ~RJ~yL1.r 1 A"'I `, V~P'~If~. l,l L..1.lU ~4'#,fY.~~~l~ ~~^{I.""^'~~ayp ~I ~'°{ ~ ~ , - ~z-~a~~ac-~a-~,~~o~-~o~a~ a~a ~~, ~~ C}G N~wd 4~`~I AU~d'~' ~ ~~~e~ ~ ~a~ ~_ f '~ m ~~ -- . FFA~f. &A'SE hF.AP' SYSF"a.'fid .,~.-. MAP GtEF: 5:"~Plnnndnp ~:. Foni- ,", :+--~~'•,,f~6gamm~cn~~~F-W.M R4Q,~.-9~M1347`~V..MY.9A'9_}i~ppy irogckkvar Hoggard, Ron From: Ken Kaltman [KKaltman@ncsonline.com] Sent: Friday, November 06, 2009 11:15 AM To: Hoggard, Ron Subject: Public Notice 2009-243 Dear Mr. Hoggard, I received a copy of this notice in today's mail. I am the owner of 455 NW 9t" Street, the property adjacent to the "Proposed Lot 2". I will not be in Delray on November 17t" as I have another commitment in New York. However, I am against this proposal and I know many of my neighbors feel the same way. I do not want to see this waiver approved as I believe it will set a dangerous precedent and destroy the nature of the Lake Ida area by building homes on undersized lots. I vote to keep the "Happy Together" plot together as it was intended. Please consider this letter my strong objection to this outrageous proposal. Thank you, Ken Kaltman National Compliance Services, Inc. 455 NW 9 Street Delray Beach, FL 33484 Tel: 561-330-7645 x 202 Fax: 561-330-7044 Cell: 561-870-4859 E-mail: ken@ncsonline.com Internet: www.ncsonline.com 1 MEMORANDUM TO: Mayor and City Commissioners FROM: Timothy Tack, Project Manager ESD/CRA Richard C. Hasko, Environmental Services Director THROUGH: David T. Harden, City Manager DATE: November 11, 2009 SUBJECT: AGENDA ITEM 9.C. -REGULAR COMMISSION MEETING OF NOVEMBER 17, 2009 SERVICE AUTHORIZATION N0.07-OS/KIMLEY-HORN AND ASSOCIATES, INC. ITEM BEFORE COMMISSION Request for Commission approvaUauthorization for the Mayor to execute the service authorization #07- 05 with Kimley-Horn and Associates, Inc (KHA) for the design of the Federal Highway Enhancements Project #2009-009. The cost of this Service Authorization is $1,136,485.00. BACKGROUND On May 12, 2009, Commission gave approval to move forward with design of permanent modifications to US 1 between SE 10th Street and George Bush Blvd and authorized the Mayor to write a letter to the Florida Department of Transportation (FDOT) requesting that FDOT enter into an agreement with the City to obligate FDOT's SE-NE 6th Avenue resurface, restore and rehabilitate (RRR) funding to the City and the City will implement FDOT's RRR project. FDOT's RRR project is currently scheduled for fiscal year (FY) 2011-2012. This agenda is for the approval of the service authorization for the aforementioned design. The Design includes the following: . The proposed general modifications to US-1 (5th and 6th Avenues) will be complete reconstruction of two blocks north and south of Atlantic Avenue (between SE 2nd Street and NE 2nd Street) and milling and resurfacing the remainder of the project limits where existing curb and sidewalk will remain in place. New decorative street lighting will be designed within the reconstruction area between SE 2nd and NE 2nd Streets. Existing street lighting will be retained for the remainder of the project. On street parking will be included within the final construction documents. . Bump-Outs will be constructed in the radius returns of the intersecting side streets located within the limits of the milling and resurfacing portion of the project. Drainage modification will be required to accommodate the Bump-Outs. Midblock Bump-Outs will be provided without connection to existing curb and gutter to maintain drainage flow along existing curb and gutter. . On street parking will be one of the design elements for inclusion in the final construction documents. . Landscaping and irrigation will be designed for both sides of 5th and 6th Avenues. Landscaping and irrigation will be located in the "Bump-Outs" within the milling and resurfacing portion of the project, and in the reconstruction area between SE 2nd Street and NE 2nd Street. . There will be three proposed Signalized intersections. Provide underground traffic signal interconnect system along both 5th and 6th Streets within the limits of reconstruction. Provide signal loop replacement design for all intersections due to milling and resurfacing. Prepare limited water main construction plans for a maximum of four crossing locations (from east to west right-of-way lines of 6th Ave). Provide survey services and geotechnical investigation services. The scope of services under this agreement is limited to predesign, final design and construction document preparation and bidding and negotiation services. Construction administration activities will be performed by City staff. FUNDING SOURCE Funding will be provided by the Community Redevelopment Agency from account #334-3162-541- 68.52, and is available after fiscal year balance roll over. RECOMMENDATION Staff recommends approval. CONSULTING SERVICE AUTHORIZATION DATE: SERVICE AUTHORIZATION NO. 0705 FOR CONSULTING SERVICES CITY P.O. NO. CITY EXPENSE CODE This Service Authorization, when executed, shah be incorporated in and shall become an integral part of the Contract between the parties as amended on July 18, 2007. TITLE: FED HWY ENHANCEMENTS PREPARATION OF PLANS FOR PERMANENT MODIFICATION OF US1 CORRIDOR -SOUTH OF S.E. 10TH STREET TO NORTH OF GEORGE BUSH BLVD. (US-1 Northbound from MP 0.050 to MP 2.377 and US-1 Southbound from MP 8.390 to MP 10.780) The City of Delray Beach and the Delray Beach CRA temporarily reduced of the number of through lanes on the US 1 one-way pair from south of SE 10'i' Street to north of George Bush Boulevard. This temporary lane reduction was put in place and operational for approximately one year. At the conclusion of this trial period a traffic operations study was done to identify the impact of the lane reductions. The City of Delray Beach and the Delray Beach CRA have reviewed the findings of this report and want to proceed with permanent implementation. Kimley-Horn and Associates, Inc. ("KHA") is pleased to submit this service authorization request to the City of Delray Beach ("City") for providing engineering services associated with preparing final construction documents for the permanent implementation of these modifications. Our project understanding, scope of services and fee follow. PROJECT UNDERSTANDING The scope of services and fees described herein are based upon our understanding of the project and assumptions as follows: ^ Project length has increased to match FDOT projects limits which begin approximately 1600' south of SE 10~' Street to 1300' north of George Bush Bivd for a totallength of 2.4 miles. Since FDOT has reviewed and accepted the proposed lane reduction study, there will be no revisiting, or additional work or re-work related to the study analysis or justification. FDOT's LAP process and design procedures will require design and coordination efforts that are above and beyond the standard design process. This includes preparation and coordination of LAP forms and agreements, pavement design report, lighting analysis report, design documentation report, drainage analysis report, typical section packages, traffic control plan, community awareness plan, environmental documentation, archaeological and historical scanning documentation, etc. ^ The City of Delray and the Florida Department of Transportation (FDOT) will use the Local Agency Program (LAP) process to modify SR 5/US 1 within the limits noted above. The plans will be generally prepared in accordance with requirements outlined in FDOT's Local Agency Program Manual. C:~Documents and Settings\marwan.mufleh\My Documents~20091029~20091029 US-1_delrayfinal design service agreement.doc Page 1 of 21 ^ The proposed general modifications to US-1 (5th and 6th Avenues) will be complete reconstruction of two blocks north and south of Atlantic Avenue (between SE 2"d Street and NE 2"d Street) and milling and resurfacing the remainder of the project limits where existing curb and sidewalk will remain in place. ^ Bump-Outs will be constructed in the radius returns of the intersecting side streets located within the limits of the milling and resurfacing portion of the project. ^ Other than the intersection Bump-Outs and the drainage modifications resulting from those Bump-Outs, there will be minimal work on the intersecting side streets typically limited to milling and resurfacing to the end of radius returns. Midbiock Bump-Outs will be provided without connection to existing curb and gutter to maintain drainage flow along existing curb and gutter. ^ Atlantic Avenue will be mined and resurfaced between 5th and 6th Avenues in accordance with FDOT's adjoining project design and without any curb or landscape modifications. ^ On street parking will be one of the design elements for inclusion in the final construction documents. A Parking Concept Plan will be developed based upon FDOT criteria. The Concept Plan will identify potential parking areas as well as locations for landscaping "Bump-Outs". The Parking Concept Plan will be submitted to FDOT for approval. The final construction plans will incorporate parking schemes from the approved Parking Concept Plan. ^ Typical Section Packages will be prepared and submitted to FDOT for review and approval prior to development of construction plans. ^ Landscaping and irrigation will be designed for both sides of 5th and 6th Avenues. Landscaping and irrigation will be located in the "Bump-Outs" within the milling and resurfacing portion of the project, and in the reconstruction area between SE 2t'd Street and NE 2"d Street. ^ There will be three proposed Signalized intersections at 5th Street with SE 1st Street, Atlantic Avenue and NE 15t Street and 12 other signals will remain in place. Provide underground traffic signal interconnect system along both 5th and 6th Streets within the limits of reconstruction. Provide signal loop replacement design for all intersections due to milling and resurfacing. The signalized intersection along NE 6~" Ave (US-1 northbound) are SE 10th' SE 2"d, SE 1st, Atlantic Ave, NE 2"d, NE 4th, George Bush Blvd (NE 8th Street). The signals along NE 5~" Ave (US-1 southbound) are SE l Oth° SE 2"d, SE 1st, Atlantic Ave, NE 1st, NE 2"d NE 4th, George Bush Blvd (NE 8th Street). ^ New decorative street lighting will be designed within the reconstruction area between SE 2"d and NE 2"d Streets. Existing street lighting will be retained for the remainder of the project. ^ Traffic Control Plans will be developed for the area being reconstructed. Traffic Control Plans for the milling and resurfacing work will be addressed using typical sections, notes and referencing the FDOT standard Traffic Control indexes. ^ The proposed intersection Bump-Outs will block the existing storm water runoff flowing to the existing drainage inlets. These blocked inlets will be converted from drainage inlets to manhole junction boxes and new inlets will be placed upstream of the new Bump-Outs. Utility conflicts are anticipated requiring that the drainage modifications be designed accordingly. ^ Modifications to the drainage system will be as noted above. It is anticipated that the runoff entering the system will be less than that currently flowing into the drainage system. C:~Documents and Settings\marwan.mufleh\My Documents~20091029~20091029 US-1_delrayfinal design service agreement.doc Page 2 of 21 ^ A Storm Water Pollution Protection Plan will be prepared. ^ Plans submittals to the City and FDOT will occur after development of the Conceptual Parking Plan, Preliminary phase, Initial Engineering phase (30%) plans, Constructability (80%) plans, Biddability (90%) Plans and Final plans. An Engineer's Opinion of Cost will be provided with each phase submittal. ^ Prepare final design water main construction plans in isolated locations. ^ Right-of--Way (ROW) research is not included. ROW lines will be depicted based on readily available construction plan records and general location of existing back of sidewalk. ^ Plans will be developed in Microstation CAD software used by FDOT. Digital pdf files will be submitted to FDOT. However, FDOT's specific Electronic Delivery submittal process will not be required. When the project is compete these Microstation files will be saved as Autocad DWG files version 8 or a more current version if used by KHA. These Autocad files will show the general design but may not translate every element of the drawing to match the Microstation files. ^ Construction, Engineering and Inspection (CEI) and construction administration services and back up documentation will be provided by City staff. KHA may provide post design services to assist City during construction as additional services. ^ Provide subsurface utility exploration (SUE) for areas of potential utility conflicts as additional services. ^ Provide survey services. ^ Provide geotechnicai investigation services SCOPE OF SERVICES Task 3 - Project General Tasks 3.1 Public Involvement 3.1.1 Community Awareness Plan Develop and Prepare a project specific Community Awareness Plan per the FDOT District Four's Community Awareness Guidelines. Since the project's study phase had a public involvement program, it is assumed that additional public involvement meetings will not be required for the design phase. Coordinate with Atlantic Plaza developer regarding their proposed modifications on the 6~' Avenues block north of Atlantic Avenue. This coordination consists of three meetings and three reviews of their proposed plans related to US-1 modifications. 3.1.2 Safety Review Safety review will be provided by FDOT. 3.3 Specification Package Prepare and provide a specifications package for the roadway construction plans including applicable Technical Special Provisions (TSP's) in accordance with FDOT's standard specification package application procedures. TSP's will be limited to irrigation items and street furnishings. The City will provide standard Utility details. Modify specification package in accordance with LAP requirements. C:~Documents and Settings\marwan.mufleh\My Documents~20091029~20091029 US-1_delrayfinal design service agreement.doc Page 3 of 21 3.4 Contract Maintenance Contract maintenance includes project management effort for complete setup and maintenance of files, developing monthly progress reports, schedule updates, work effort to develop and execute subconsuitant agreements, etc. 3.8 Bidding Services Bid Documents -When complete bid documents will be converted to pdf files. The City will furnish KHA with an electronic copy (Word format) of their standard Bid Documents. These documents will be reviewed and modified, as required, to make them specific to this project and in accordance with LAP requirement. It is intended that the Florida Department of Transportation Technical Specifications be used to supplement said document. Supplemental Technical Specifications will be prepared by KHA that will address LAP requirements, construction elements not addressed in said standard technical specifications or that are included but require modifications to make them project specific. These Bid Documents and Supplemental specifications will be forwarded to the City for their review and approval. KHA will edit the Bid Documents supplemental technical specifications after receipt of any review comments. A digital file (Word format) of the final Bid Documents and technical specifications will be furnished to the City for their use in preparing the Project Bid Packages for distribution to Contractors responding to the City's request for bids. Bidding Assistance -After acceptance by City of the Bidding Documents and the most recent opinion of probable Construction Cost as determined in the Final Plans and Bid Documents and upon written authorization by City to proceed, KHA shall: 1. Prepare the advertisement in accordance with LAP requirements. 2. Assist the City in advertising for and obtaining bids or proposals for the Work and will conduct the mandatory pre-Bid meeting. The City is to receive and process contractor deposits or charges for the Bidding Documents. 3. Issue a maximum of 3 Addenda as appropriate to clarify, correct, or change the Bidding Documents. 4. Provide information needed by Owner in the course of any negotiations with prospective contractors. 5. Consult with Owner as to the acceptability of subcontractors, suppliers, and other individuals and entities proposed by prospective contractors for those portions of the Work as to which such acceptability is required by the Bidding Documents. 6. Attend the pre-bid and Bid opening, prepare Bid tabulation sheets, evaluate bids and provide Owner with recommendation of award. The Bidding or Negotiation Phase will be considered complete upon contract award or upon cessation of negotiations with prospective contractors. C:~Documents and Settings\marwan.mufleh\My Documents~20091029~20091029 US-1_delrayfinal design service agreement.doc Page 4 of 21 Task 4 -Roadway design Analysis 4.1 Typical section packages Prepare 2 typical sections for 5t1i Avenue (one for milling and resurfacing and one for reconstruction) and 4 sections for 6t1i Avenue (one for reconstruction, one for milling and resurfacing up to George Bush Bivd, one between George Bush Bivd and Bond Way and one for the developer section north of Atlantic Avenue). Prepare 1 typical section package for East Atlantic Avenue between 5'i' and 6'i' Avenue which will be based on the previously approved typical section for the adjoining FDOT project. 4.2 Pavement Design Prepare one milling and resurfacing and one reconstruction pavement design packages for 5t1i and 6'1i Avenues and one milling and resurfacing pavement design package for Atlantic Avenue. Use 18 Kip ESAL calculations provided by FDOT. 4.3 Access Management (Not applicable to this project) 4.4 Horizontal/Vertical Master Design Design the geometries using FDOT design standards with consideration given to the design traffic volumes, design speed, ,functional classification, adjacent land use, design consistency and driver expectancy, aesthetics, pedestrian and bicycle concerns and ADA requirements. Intersection layout and Plateau Provide intersection plateau design only for Atlantic Avenue intersection with 5~' and 6~' Avenues since it will not be provided by FDOT. Back of Sidewalk Profiles Back-of-sidewalk profiles are used to establish the profile grade and therefore play an important role in plan preparation, especially if the project site is located in a built-up urban area. These Profiles help ensure the constructabiiity of the project within the right of way without excessive disturbance or rework of adjoining properties and to analyze tie-in to buildings' doorways. 4.5 Cross Section Design Files Establish and develop cross section design files for the reconstruction segments on 5t1i and 6'1i Avenues between SE 2"d and NE 2"d Streets at 50' intervals and for the proposed drainage structures. Develop cross sections at 100' intervals for the resurfacing areas. 4.6 Traffic Control Analysis Design a safe and effective Traffic Control Plan to move vehicular and pedestrian traffic during all phases of construction. Design and plan preparation of temporary traffic signals and or temporary lighting is not included in the scope of services. 4.7 Master Traffic Control Plan (TCP) Design Files Prepare a horizontal alignment plan view design file for the two phases of the TCP plan for the reconstruction segments between SE 2"d and NE 2"d Streets. C:~Documents and Settings\marwan.mufleh\My Documents~20091029~20091029 US-1_delrayfinal design service agreement.doc Page 5 of 21 4.8 Design Variations and Exceptions (Additional Services) 4.9 Design Report Prepare and submit to FDOT project design scope for review. 4.10 Computation Book and Quantities Prepare working quantity Computation Book and various summary of quantities sheets during design. 4.11 Cost Estimates Develop cost estimates for each phase submittal. 4.15 Field Reviews Conduct field visits to review existing conditions and compare with proposed design alternatives. The estimated maximum number of meetings is shown on the fee calculation sheet. 4.16 Technical Meetings Attend meetings with FDOT and City to discuss technical roadway design issues. The estimated maximum number of meetings is shown on the fee calculation sheet. Task 5 -Roadway Plans The final Roadway will be prepared in accordance with the following: ^ The approved Conceptual Parking Plan ^ United States Department of Transportation: "Manual on Uniform Traffic Control Devices" (MUTCD) (2003 Edition) and supplements there to. ^ State of Florida Department of Transportation (FDOT): "Design Standards", dated 2010. ^ FDOT: "Plans Preparation Manual", dated 2009. ^ FDOT: "Standard Specifications for Road and Bridge Construction dated 2010". ^ Appropriate City specifications for items not specified by FDOT. Plan sheets will have the City's sheet title block format. In general the Roadway plans will contain the following sheets generally containing the following information: 5.1 A key sheet (1) containing project identification information, a vicinity map, index of sheets and other information as may be appropriate. Notes To Reviewers Sheets to provide the reviewers for the various agencies plans with design criteria and the source of the design criteria used in preparing the plans as a means to help stream line their reviews. 5.2 Summary of Pay Items (Not applicable) 5.3 Drainage Map (Additional Services) C:~Documents and Settings\marwan.mufleh\My Documents~20091029~20091029 US-1_delrayfinal design service agreement.doc Page 6 of 21 5.5 Typical Section sheets (maximum of 5 Sheets) will be prepared, detailing the proposed work. It is anticipated that there could be a maximum of 3 different typical sections for 5~' Avenue to cover the milling and resurfacing, reconstruction and intersection at Atlantic Avenue. A maximum of 4 typical sections for 6~' Avenue to cover the milling and resurfacing, reconstruction, developer section north of Atlantic Avenue and the intersection at Atlantic Avenue; 1 typical section for Atlantic Avenue, a maximum of 4 typical sections for intersecting side streets or partial sections fora maximum total of 12 full or partial sections. 5.6 The General Notes sheets (2) provide information deemed necessary for the construction of the work. 5.7 A Summary of Quantities sheet (1) tabulating estimated quantities and the appropriate pay item footnotes. 5.11 Drainage Optional Materials Data Sheet (Not Applicable) 5.12 Project Layout sheets 5.14 Profile sheets (a maximum of 10 sheets/panes) for work within the reconstruction area between SE 2"d and NE 2"d Streets. These sheets maybe split paned to match the plan view sheets within the reconstruction area. Side Street Profiles (a maximum of 4 sheets,l0 intersections) for grading the side street connections of 5~' and 6~' Avenue at their intersections with SE 2"d ,SE 1st ,Atlantic Avenue , NE 1st and NE 2"d Streets. 5.15 Plan sheets (50 sheets - 48 sheets on 5~' and 6~' Avenues and 2 for Atlantic Avenue) detailing the horizontal alignments and geometric improvements. The Plan sheets maybe split paned and prepared at a scale of 1" = 40' for reproduction onto 11 "x17" sheets. 5.16 Special Profiles (5 sheets) a maximum of 10 side street or curb profiles at various intersections or bump-outs in milling and resurfacing areas. 5.17 Back of Sidewalk Profiles (a maximum of 10 sheets/panes) required for work within the reconstruction area between SE 2"d and NE 2"d Streets. Show existing and proposed back of sidewalk profiles for the east and west sides of Sti' and 6ti' Avenues including finish floor elevations. 5.20 Intersection Detail Sheets (a maximum of 10 intersections on 5 sheets). Intersection detail sheets will be prepared for the intersections of Sth and 6t'' Avenue with SE 2"d, SE 1st Streets, Atlantic Avenue, NE 1st and NE 2"d Streets. These sheets provide layouts and details for intersections and ability to provide special grading requirements. 5.21 Miscellaneous Special Detail Sheets (a maximum of 2 sheets) will provide the contractor with specific information required for design implementation that are not found in either FDOT standard design index or City standards. 5.22 Drainage Structure Sheets (a maximum of 40 sheets, 170 structures) Prepare cross section sheets for proposed drainage structures showing location of structures in relationship to existing utilities in accordance with FDOT procedures. C:~Documents and Settings\marwan.mufleh\My Documents~20091029~20091029 US-1_delrayfinal design service agreement.doc Page 7 of 21 5.29 Roadway Soils Data Sheets (1) 5.30 Cross Section Sheets (112 cross sections on 56 Sheets) for work within the reconstruction area between SE 2"d and NE 2"d Streets. The cross sections will be provided at 50 foot intervals in reconstruction areas. For milling and resurfacing areas cross sections may be developed at areas of proposed landscape Bulb-outs. While cross sections will be developed in the design file for the milling and resurfacing areas at 100' intervals, it is assumed these sections will not require editing for placement on cross section sheets except maybe at Bulb-out locations. 5.31 Traffic Control Sheets consisting of one sheet each of Traffic Control Plan General Notes and Construction Sequencing Notes. Detailed Traffic Control Plans (1 "=80') will be required within the reconstruction limits. It is anticipated that there will be three phases requiring 12 sheets. The sheets will be prepared using the same protocol as is proposed for the roadway plan sheets. The TCP for the milling and resurfacing work will consist of 2 sheets of typical sections for US-1 and 1 sheet for Atlantic Avenue, 1 sheet of General Notes and 1 sheet of TCP notes and references to the FDOT standard traffic control indexes. 5.34UtilityAdjustment Sheets (Additional Services) 5.37 Storm Water Pollution Protection Plans consisting of 2 sheets of notes and 13 sheets of plans (1 "=80') detailing the protection measures to be applied throughout the limits of the work. Plan set summary of roadway sheets (excluding signing, signals, lighting and utility plans): ^ Key Sheet 1 ^ Notes to Reviewer sheet 2 ^ Summary of Pay Items (per FDOT requirements) - ^ Typical Sections 5 ^ Summary of Roadway Quantities & Pay item Notes 1 ^ Optional Materials (Drainage Pipes) 1 ^ Project Layout Sheet 1 ^ Roadway General Notes 2 ^ Roadway Plan Sheets (Panels) 50 ^ Profiles (5~' and 6~' St. in reconstruction area) 10 ^ Side street profiles 4 ^ Special profiles 5 ^ Back of Sidewalk Profiles 10 ^ Intersection Detail Sheets 5 ^ Drainage Structure Sheets 40 ^ Special Detail Sheets 2 ^ Roadway Soils Sheet 1 ^ Cross Sections (5~' and 6~' St. in reconstruction area) 56 ^ Traffic Control Plans 17 ^ Utility adjustment sheets (Additional) - ^ Storm Water Pollution Protection Plan 15 Total Number of Roadway Sheets 228 C:~Documents and Settings\marwan.mufleh\My Documents~20091029~20091029 US-1_delrayfinal design service agreement.doc Page 8 of 21 Task 6 - Drainage Analysis Analyze and document Drainage Tasks in accordance with FDOT standards. Modify the existing drainage system to work with the proposed roadway improvement geometry. Drainage effort will be limited to modifying existing drainage structures and providing new structures where necessary to connect to the existing system to maintain operation of the existing system. It is anticipated that neither new drainage systems nor water quality provisions will be required since the impervious area will be reduced for the project. All existing drainage outfalls will remain as is. Coordinate with the appropriate permitting agencies and FDOT. Some of the proposed Bump-Outs will block the existing storm water runoff flowing to the existing drainage inlets. These blocked inlets will be converted from drainage inlets to manhole junction boxes and new inlets will be placed upstream of the new Bump-Outs. This scope assumes a maximum of 170 structures for the project. Utility conflicts are anticipated requiring that the drainage modifications be designed accordingly. Provide storm drain design for proposed drainage structures. Drainage analysis will be limited to evaluating the storm water spread at typical inlet locations. Prepare a drainage design documentation report summarizing drainage design and scope of work. Per our discussions with South Florida Water Management District this project should qualify as a No Notice Project. Task 7 -Utility Coordination First Contact: Send letters and two sets of plans to each utility. Include contact by phone for meeting coordination. Request type, size, location, easements, cost for compensable relocation, and justification for any utility exceptions. Include the meeting schedule (if applicable) and the design schedule. Log in each set of plans when they are returned by the utility companies. This information will be added to the plans. We will attend up to two meetings with utility companies and the City staff to review the project and potential impacts to the utility owners. Second Contact: 4 weeks prior to the meeting, transmit two complete sets of Phase IU Constructability Phase plans to each utility agency owner utility agency owners (UAO) having facilities located within the project limits. Third Contact: Identify agreements and assemble packages. Send standard agreements, letters and two sets of plans to the UAO(s) including all component sets, one set for the FDOT utility office and include the design schedule. KHA may procure the services of a subsurface utility exploration (SUE) firm (as additional service) to conduct an investigation in the vicinity of the proposed mast arm foundation, drainage and utility work. The purpose of the investigation is to identify the presence of existing subsurface utilities at locations of proposed potential conflicts and, if present, provide the vertical and horizontal locations of said utilities. A summary will be prepared summarizing the SUE's findings. KHA will meet the SUE crews in the field to confirm the proposed mast arm foundation locations and to observe the initiation of the exploration procedures. C:~Documents and Settings\marwan.mufleh\My Documents~20091029~20091029 US-1_delrayfinal design service agreement.doc Page 9 of 21 Task 8 - Environmental Permits Based on initial input from the FDOT, it appears that the proposed improvements are consistent with the types of projects generally considered a Programmatic Categorical Exclusion (PCE) by the Federal Highway Administration (FHWA). In accordance with the LAP requirements, KHA will complete the PCE checklist and support memorandum including graphics for submittal to FDOT. In completing the PCE, KHA will conduct one site visit to review the existing conditions. KHA will review readily available GIS and other databases to identify and analyze the potential social, natural and physical effects associated with the proposed improvements. These databases include GIS data from the US Fish and Wildlife Service, Florida Fish and Wildlife Conservation Commission, National Wetland Inventory, Florida Natural Areas Inventory, FEMA Floodplains, Environmental FirstSearch contamination data and the State Historic Preservation Officer Florida Master Site File Data. If necessary, KHA will review on-line contamination data from FDEP. It is assumed that detailed studies for contamination (Phase I Environmental Site Assessment), Historic and Archeological resources, noise, air quality and listed species are not required due to the developed nature of the corridor and the nature of the improvements. If additional surveys or analysis are required, these will be provided as an additional service. KHA will prepare a draft PCE for the City's review and will respond to one set of reasonable comments. KHA will submit the final draft to FDOT for review and comment and respond to one set of comments. It is assumed there will be no tree permitting for the project. It is anticipated that a Florida Department of Transportation and Health Department Permits will be required to implement the work. KHA will prepare these permit applications and forward them to the City for signature. The signed permit applications will be returned to KHA for submittal to the agencies. Any significant plan revisions which may require redesign or re permitting of items which have already been accepted by City or agencies, additional meetings or coordination after the submittal of the permit application will be considered as Additional Services. Task 9 & 18- St~uctu~al Design Provide structural design for the proposed mast arm signals for three intersections (up to 9 poles). These intersections are located along St'' Street at SE 1st Street, Atlantic Avenue and NE 1st Street. It is assumed two of the intersections will have trombone mast arms and will require specialized structural design; the third signal will be an FDOT mast arm type with standard Palm Beach County green color. Task 10,11, 12,13,14,15,16, and 17- Not included Task 19 -Signing and Pavement Making Analysis Perform all signing and pavement marking analysis for the project. Prepare master design files for signing and pavement marking. Task 20 -Signing and Pavement Making Plans Prepare signing and pavement marking plans (56 sheets) consisting of one key sheet, one sheet of details, one sheet of general notes, three signing and pavement marking quantity C:~Documents and Settings\marwan.mufleh\My Documents~20091029~20091029 US-1_delrayfinal design service agreement.doc Page 10 of 21 tabulation sheets, and Signing and Pavement Marking Plans (50 sheets) to describe the signing and pavement markings required for implementation. Task 21-Signalization Analysis Perform signal operation design analysis for the proposed signalization work located along 5th Street at SE 15t Street, Atlantic Avenue and NE 15t Street and loop replacement for the remaining signalized intersection. These intersections located along NE 6th Ave (US-1 northbound) are SE lOth° SE 2"d, SE 1st, Atlantic Ave, NE 2"d, NE 4th, George Bush Blvd (NE 8th Street). The signals along NE 5th Ave (US-1 southbound) are SE l Oth° SE 2"d, NE 2"d, NE 4th, George Bush Blvd (NE 8th Street). Additionally, modify the existing signal at George Bush Bivd to provide pedestrian signals and detectors at the east leg. Task 22 -Signalization Plans Traffic Signal Plans (19 sheets) will be developed for three (3) intersections with proposed signal replacements and 12 intersections for traffic loop replacements due to milling and resurfacing. The work will include three (3) new mast arm traffic signals. The new traffic signals will be designed using either the standard FDOT design or the City's Trombone mast arms design. The new traffic signals will be installed at the intersections of 5th Avenue with SE 1st Street (FDOT), Atlantic Avenue (Trombone) and NE 1st Street (FDOT). There are two traffic signal upgrades proposed for the intersections of 6th Avenue with Atlantic Avenue (Trombone) and NE 15t Street. These two traffic signal designs are to be done by others and are excluded from this Scope of Services. Should this change during the course of the project the City could authorize KHA to perform this work as an additional service. The Traffic Signal Plans and underground traffic signal interconnect system along both 5th and 6th Avenues within the reconstruction area will be developed per the requirements of Palm Beach County and the FDOT. These plans will address new mast arms and foundations, traffic signal heads, pedestrian features, initial timing and signal operation phasing. The structural analysis associated with the mast arm installations will be developed one time, after Palm Bach County's approval of the proposed mast arm locations. Video detection equipment will be installed at the new mast arm traffic signal locations noted above. New loop presence detectors will be installed at the remaining traffic signal locations to replace existing loops damaged during the milling and resurfacing operations. Task 23-Sheet Lighting Analysis Prepare engineering design analysis for the proposed street lighting system and the master design file for the construction plans. Decorative street lighting system shall be accommodated along US-1 between SE 2"d Street and NE 2"d Street. Lighting analyses and design will be done based upon the lighting fixture and pole selected by the City. The lighting design will be per the requirements of the FDOT lighting design criteria which specifies an average initial illumination of 1.5 Foot-candles, uniformity ratios of 4:1 or less (average/minimum) and 10:1 or less (maximum/ minimum). Along with light and pole selected by the City the design analyses will consider wattage, color, photometric curve number, distribution type, mounting height, bracket arm length and other pertinent information. KHA will explore the possibility of using standard FDOT light pole foundation and may analyze up to two lighting schemes (mounting heights). KHA will prepare a Lighting Analysis Report (LAR) that will summarize the analyses process, present our C:~Documents and Settings\marwan.mufleh\My Documents~20091029~20091029 US-1_delrayfinal design service agreement.doc Page 11 of 21 findings and our recommendations. The LAR will be forwarded to the City for their review and selection of the lighting system for final design. All light poles shall be designed for a wind speed of 150 MPH. All poles and pull boxes shall be grounded together as an array. Placement of light poles shall be coordinated with other disciplines including landscaping and existing/proposedutllities. All electric design, construction and materials shall meet the requirements of the National Electric Code (NEC). The location of the load centers shall be located to make it accessible to the maintenance personnel. One photoelectric cell shall be installed for each load center and should be located adjacent to the load center panel. Coordination will be made during the design process with maintenance, FPL and utility owners as necessary. ^ Impacts to the existing lighting system along Atlantic Avenue between US-1 northbound and US-1 southbound are not anticipated and will be handled during the design phase with notes without the need for photometric analysis. ^ Temporary Lighting design is not anticipated nor included in this scope of services. KHA will try to utilize existing lighting system wherever feasible. Task 24-Sheet Lighting Plans Prepare a111ighting plans sheets. The final Lighting Design Plans will be prepared per FDOT standards. Task 25 -Landscape A~chitectu~e and I~~igation Analysis Develop design analysis for the proposed landscape and irrigation systems for the project in accordance with FDOT criteria. Coordinate with City to provide irrigation components in accordance with City standards. Task 26 -Landscape and I~~igation Plans The final Landscape and Irrigation Hardscape Plans will be prepared in accordance with the following: ^ The approved Conceptual Plan ^ State of Florida Department of Transportation (FDOT): "Design Standards", dated 2010. In particular, Indices #544, #546, and #700. ^ FDOT: "Standard Specifications for Road and Bridge Construction dated 2010". It is assumed the Technical Specifications for the project will be the FDOT Standard Specifications for Road and Bridge Construction (2007) and appropriate City specifications. Irrigation components shall be in accordance with City standards. In general the Landscape and Irrigation plans will consist of landscaping in Bump-Out locations at intersections and midblock locations and will contain the following sheets generally containing the following information: C:~Documents and Settings\marwan.mufleh\My Documents~20091029~20091029 US-1_delrayfinal design service agreement.doc Page 12 of 21 ^ A key sheet (1) containing project identification information, a vicinity map, index of sheets and other information as maybe appropriate, related to the landscape and irrigation plans. ^ Summary of Pay Items and Summary of Quantities, identifying plant species and plant installation size specifications, as well as appropriate footnotes. ^ Plan sheets (48 Sheets for Landscape, 48 sheets for Irrigation) will be prepared, delineating the proposed landscape and irrigation design. ^ Planting detail and specification sheets (2 sheets) will be prepared to provide detailing specific to the planting design and special subsurface preparation. ^ Irrigation detail and specification sheets (up to 2 sheets) will be prepared to provide detailing specific to the irrigation system and proposed water source(s) ^ Hardscape design for specialty sidewalk treatments, furnishing locations, and other elements approved through the planning and design phases. Task27 -Design Field Surveys The design survey will be prepared to facilitate the proposed design of the roadway improvements. However, the survey product will not be reviewed by FDOT's Mapping and Survey Department and as such will not be prepared in accordance with FDOT's specific procedures. Provide the City with copies of all survey documents including horizontal and vertical control networks. While the survey files will be developed in Microstation format they will be saved as AutoCAD format. Perform survey tasks in accordance with all applicable statutes, Total station equipment used shall be compatible with FDOT Electronic Field Book processing standards. Data for review must be delivered on disk for input into FDOT Electronic Field Book Software. Location Survey activities shall be accomplished in agreement with the Florida Department of Transportation's Location Survey manual and must comply with the Minimum Technical Standards for Surveyors & Mappers, Ruie 61G17-6 F.A.C., Florida Statue 472.027.The surveyor shall comply at all times with applicable Federal, State, locallaws and provisions and policies governing safety and health. This includes Title 29, Code of Federal regulations, Parts 1910 and 1976, Occupational safety and Health Regulations, including any subsequent revisions and updates. In order to conduct the public through the work area, full compliance with the current Department Roadway and Traffic Design Standards (600 Series), Survey Safety Handbook and current Maintenance of Traffic Training D.O.T. Topic No.625-010- O10-a is a minimum requirement. Project Survey Areas Milling & Resurfacing Limits: Northbound & Southbound of State Road No. 5 (U.S. 1) from 1700' south of S.E. lOt'' Street to 1300' north of N.E. 8th Street LESS the Reconstruction limits (see below). This is a distance of 3.75 miles (excludes reconstruction limits below). Reconstruction Limits: Both Northbound & Southbound of State Road No. 5 (U.S. 1) from 200' south of S.E. 2"d Street to 200' north of N.E. 2"d Street. Also included are the side streets of S.E. 2"d Street, S.E. 1st Street, N.E. 1st Street and N.E. 2"d Street to 50' beyond US-1 right-of--way and East Atlantic Avenue between the Northbound & Southbound of S.R. 5. C:~Documents and Settings\marwan.mufleh\My Documents~20091029~20091029 US-1_delrayfinal design service agreement.doc Page 13 of 21 This is a distance of 1.40 miles (side streets included). This is a total distance of 5.15 miles for the Survey. Horizontal Project Network Control (HPNC) Establish HPNC, for the purpose of establishing horizontal control on the Florida State Plane Coordinate System; HPNC will include primary and/or secondary control points. The Horizontal Datum to be used is North American Datum of 1983 (1990 adjustment or later). The minimum distance between primary control points is 2000 feet and the maximum distance is 3000 feet. Iron rods and/or pk nails & washers with caps will be set outside the limits. Includes the analysis and processing of all field collected data. Vertical Project Network Control (VPNC) Establish VPNC to include primary and/or secondary vertical control points. The Vertical Datum to be used is the North American Vertical Datum of 1988. The primary vertical control points must be set outside the limits of construction, at no greater than 1000 feet intervals. Includes the analysis and processing of all field collected data. Alignment and/or Existing Right of Way Lines Compute the Historic Baseline of Survey and the intersecting side street baselines per the previous stated limits as per the existing FDOT right of way maps. Also includes analysis and processing of ail field collected data, existing maps, and reports. Compute the Existing R/W Lines for SRS within the Project Limits (see subdivisional & R/W monuments). The Historical Baseline will NOT be staked in the field. ^ Topographic Survey in areas not considered "Reconstruction Area" Obtain horizontal and vertical locations at 100' stations along the Northbound & Southbound sections of State Road No. 5 (U.S. 1). Typical section locations will include back of walk, face of walk, flow line of curb & gutter, edge of pavement, crown or centerline of pavement, opposite edge of pavement, flow line of curb & gutter, face of walk and back of walk. In addition to the locations at the 100-foot sections the Consultant will locate curb returns at all the intersections and a maximum of one cross-section 50-feet down all side streets, intermediate drives at the connection points to U. S. 1 and sidewalks from back of walk to buildings, building corners within 25-feet of the U.S. fright-of--way, and an additional elevation behind the back of sidewalk. Location of pavement markings will be considered from available existing aerial photography and is not included in this survey scope. ^ Topographic Survey in "Reconstruction Area" Obtain horizontal and vertical locations at 100' stations along the Northbound & Southbound sections of State Road No. 5 (U.S. 1). Typical section locations will include, back of walk, face of walk, flow line of curb & gutter, edge of pavement, crown or centerline of pavement, opposite edge of pavement ,flow line of curb & gutter, face of walk and back of walk. In addition to the locations at the 100-foot sections the Consultant will locate curb returns at all the intersections and across-section 50-feet down all side streets, the back of walk at 50- foot stations in between the 100-foot sections, intermediate drives at the connection points to U. S. 1 and sidewalks from back of walk to buildings, building corners within 25-feet of the U.S. fright-of--way, and an additional elevation behind the back of sidewalk. Location of pavement markings is not included in this scope. C:~Documents and Settings\marwan.mufleh\My Documents~20091029~20091029 US-1_delrayfinal design service agreement.doc Page 14 of 21 ^ DTM (Digital Terrain Model) Consultant shall prepare a DTM for the entire project with sufficient break lines for preparation of the cross-sections. ^ Subdivisional & R/W monuments Sufficient subdivisional & right of way monumentation will be recovered & located to calculate the existing right of way line & sidestreet alignments. ^ Utilities All surface utilities and sub-surface utilities as designated by others will be located within the Reconstruction limits (approximately 6000'). No utilities will be located within the milling & resurfacing limits. Coordination with designating company by others. ^ Finish Floors Elevations Finished floor elevations of buildings within 25 feet of r/w will be obtained within the Reconstruction limits including front door step elevations. ^ Drainage Survey Locate underground data (xyz, pipe size, type, condition and flow line and drainage ownership (as marked on structures) that relates to above ground data. TOPO and obtain the invert elevations on a maximum of 170 drainage structures. ^ Field Review Perform verification of the field conditions as related to the collected survey data. Task 28 - Photogrammetry -Not Included Task 29 -Mapping -Not Included Task 30 - Geotechnical Services All work performed by TSF, Inc. will be in general accordance with FDOT standards. Based on the information provided, we propose to perform the following: ^ A total of 12 pavement cores for milling and resurfacing. ^ A total of 6 SPT borings to 25 feet below existing grades for the mast arms to be installed at 3 intersections of 5th Street (2 borings per intersection). ^ Additional Service: A total of 4 SPT borings below existing grades to 25 feet for mast arms at two intersections on 5th Street. ^ Within the borings, undisturbed sample collection will be performed in general accordance with the requirements of ASTM D 1587. Borings will be approximately located in the field by our personnel by measuring distances with a tape from known reference points. We assume that others will identify any underground utilities existing in the exploratory area. Elevations at boring locations can be interpreted from topographic plans if furnished by others. C:~Documents and Settings\marwan.mufleh\My Documents~20091029~20091029 US-1_delrayfinal design service agreement.doc Page 15 of 21 ^ Upon completion of the field exploration, laboratory testing will be performed on selected samples. The study will be summarized in accordance with the FDOT's Soil and Foundation Manual, 2006. ^ A geotechnical engineer will evaluate the results of all drilling and laboratory testing. A report will be issued that contains the exploration data, a discussion of the site and subsurface conditions, recommendations for milling and resurfacing, pavement design, results of percolation tests, soil parameters for mast arm design and corrosion analysis and a discussion of some construction considerations. Task 31-Not Included Task 32 -Conceptual Parking and St~eetscape Plan The City and CRA would like to maximize the amount of on street parking within the limits of the project. Plan sheets will be developed using the design field survey. The FDOT design criteria as found in the Design Standards for Design, Construction, Maintenance and Utility Operations on the State Highway System dated 2008 and the Plans Preparations Manual dated 2009 will be used to identify the locations that could be available for providing the desired parking. KHA will also prepare a conceptual streetscape design and work with the City and CRA to develop an appropriate plant palette for the corridor, complementary of other street side plantings in the area. KHA will meet with City and CRA staff to review the proposed Conceptual Parking Pian and seek their concurrence with said plan. Upon receiving City and CRA concurrence, KHA will meet with the FDOT to review the Conceptual Parking Pian and methodology used to develop the plan. At the conclusion of the meeting KHA will leave a set(s) of the Concept plans with them for further review and ask they return written comments within two weeks. Upon receipt of FDOT comments, KHA will assess potential impacts of these comments to the Concept plan and review these impacts with the City and CRA. KHA will attend afollow- up meeting with FDOT staff to review our responses to FDOT comments and seek agreement from them on the elements to be incorporated into to Concept Plan. The final Concept plan will be submitted to the FDOT for review and concurrence with the plan. It is anticipated that the final implementation plans will provide for the temporary implementation of the design concept, which will include no work below ground level. As such, no utility coordination will be required. Nonetheless, we will conduct one information meeting for utilities. Task 33 -LAP Process and Coordination KHA will coordinate the LAP process with FDOT in cooperation with the City. KHA and the City will meet and coordinate closely to provide FDOT LAP requirements as shown below. LAP Effort for Preliminary phase submittal ^ Provide project scope description, location map and project limits and documentation to FDOT ^ Provide construction cost and construction engineering and inspection (CEI) cost estimates for programming of funds C:~Documents and Settings\marwan.mufleh\My Documents~20091029~20091029 US-1_delrayfinal design service agreement.doc Page 16 of 21 ^ Provide typical section package ^ Provide pavement design package ^ Provide design variations and exceptions package ^ Provide engineer's unit price estimate (FDOT's LRE) ^ Provide documentation of initial utility contact and utility exceptions. ^ Submit preliminary construction plans to FDOT ^ Provide project schedule ^ Respond to FDOT comments and attend up to two meetings to resolve comments. LAP Effort for Initial Phase Submittal ^ Coordinate with City to incorporate the Federal Contract provisions provided by FDOT into the city's construction contract document ^ Coordinate with City to complete and submit the "Federal Requirements LAP checklist for construction contracts (phase 58)" ^ Coordinate with the City to prepare bid notice to contractors forms for submittal to FDOT ^ Provide a programmatic categorical exclusion (PCE) environmental document report, checklist and archaeological and historical scanning documentation for submittal to FDOT ^ Provide City's signatures related to the PCE ^ Coordinate with City to provide "no additional right-of--way required" form to FDOT ^ Coordinate with City to provide form 575-095-OS LAP certification to FDOT ^ Submit initial phase plan to FDOT ^ Provide community awareness plan report ^ Access management plan will not be required ^ Provide lighting analysis report only for the two blocks north and south of Atlantic Avenue for the proposed decorative lights. ^ Provide a revised opinion of probable construction cost estimate and FDOT's transport estimate ^ Provide engineering design report summarizing proposed standards and scope ^ Provide updated public involvement documentation ^ Provide environmental general notes ^ Provide updated documentation of utility coordination ^ Provide documentation of railroad coordination ^ Provide documentation of signal interconnect coordination ^ provide draft bid/contract documents with Federal provisions ^ Provide draft bid advertisement ^ Respond to electronic review comments (ERC) ^ Prepare and provide specification package and technical special provisions ^ Provide utility certification to FDOT ^ Provide utility no-conflict letters from utility companies ^ Respond to FDOT comments and attend up to two meetings to resolve comment LAP Effort for LAP Draft Agreement Phase ^ City provides LAP agreement forms including maintenance agreements not included in the above phases to complete a draft LAP agreement package to be submitted to FDOT. C:~Documents and Settings\marwan.mufleh\My Documents~20091029~20091029 US-1_delrayfinal design service agreement.doc Page 17 of 21 ^ Provide signed and sealed 100% plans and specification package Attend up to two meetings to resolve comments Task 34-Water Main Utility Construction Plans Prepare final design and permitting to provide construction plans to add new water line segments along the US-1 and crossing connections at City side streets. These cross connections will end just outside of US-1 right-of--way and will each be less than 60' in length. The City will provide the size and specific location of the proposed water line. The scope consists of the following utility work. NE 5~' Ave (US-1 Southbound): Provide water line from SE l Ot'' Street to SE 7t'' Street (with connections to 9t'' and 7t'' Streets) (1500') Provide water line crossing connection at SE 3'd Street Provide water line crossing connection at SE 1 st Street NE 6t'' Ave (US-1 northbound): Remove 2" water line between SE 6t'' and SE 4t'' Streets (600') Provide water line crossing connection at NE 5'i' Street Provide water line from NE 6th to NE 7~' Street and run it east ~/z block along NE 7~' Street (600') Total length of new water line segments excluding crossings is approximately 2,100'. Task 37 - Construction Phase Services -Not Included Task 38 -Additional Services -Not Included Upon your authorization, we will provide any additional services that may be required beyond those described in Task I through XIII. These services may include but are not limited to such items as the following: ^ Drainage Map (4 sheets) will include plan view only and no profile. ^ Utility Adjustment Sheets (Up to 4 sheets to cover utility adjustments at the signalized intersections, drainage conflicts and proposed water main crossings). ^ Design Variations and Exceptions (prepare the documentation necessary to gain FDOT approval for three Design Variations and/or Design Exceptions for 5th and 6th Avenues and one for Atlantic Avenue). ^ Additional technical special provisions ^ Multi-sign support design ^ Subsurface utility exploration (SUE) ^ Level II contamination testing. ^ Preparation of right of way acquisition sketches or descriptions. ^ SFWMD General Permit (it is not anticipated for the project). ^ Traffic signal design for Atlantic Avenue with 6t1i Avenue and NE l5t Street and 6'1i Avenue. C:~Documents and Settings\marwan.mufleh\My Documents~20091029~20091029 US-1_delrayfinal design service agreement.doc Page 18 of 21 ^ Providing additional detailed Maintenance of Traffic Plans. ^ Preparation of permit applications other than those noted above. ^ Attendance at any meetings not included in the Scope of Services. ^ Additional Phase I Environmental Site Assessment. ^ Signalization studies or other traffic engineering services other than those included in this scope of service. ^ Permit application fees. ^ Permit modifications due to City requested plan revisions. ^ Services required by additional governmental regulations that might be put into effect after the date of this agreement. ^ Construction phase services except as called for in the Scope of Services. SCHEDULE A Gant bar chart schedule for the project is provided separately. After approval of parking concept design it is anticipated that the schedule for this LAP design project will be 16 months assuming a one month review period for the phased plan submittals. It should be noted that there are elements in the schedule in which KHA has no direct control such as accommodating differing staff schedules in scheduling meetings, review time by the differing agencies. The project schedule will be adjusted to reflect any delay in these items. FEE AND BILLING KHA will provide the Scope of Services on a lump sum basis. The estimate for Tasks 3 through 36 is shown in the table below. Reimbursabies -Expenses billed under this contract could include: in-house duplicating, local mileage, facsimiles, postage, express delivery services, large-format color printing, construction drawing printing, specification printing, and other out-of--house printing. All permitting, application, and similar project fees will be paid directly by the City. Fees will be invoiced monthly based on the actual amount of service performed and expenses incurred. Payment will be due within 25 days of your receipt of the invoice. Optional services will be billed on a lump sum basis after written authorization from City to start those services or a portion thereof. Additional services which maybe identified as needed at a later time will be negotiated at that time. C:~Documents and Settings\marwan.mufleh\My Documents~20091029~20091029 US-1_delrayfinal design service agreement.doc Page 19 of 21 Fee Summary By Task 1-2. Not Included 3. Project General Tasks $69,210 4. Roadway Design Analysis $254,435 5. Roadway Plans $192,425 6. Drainage Analysis $58,745 7. Utilities Coordination $34,230 8. Environmental Permits $15,020 9. & 18. Structural Design $38,090 10 .-17. Not Included 19 . Signing and Pavement Marking Analysis $43,045 20 . Signing and Pavement Marking Plans $23,975 21 . Signalization Analysis $47,535 22 . Signalization Plans $12,560 23 . Street Lighting Analysis $20,500 24 . Street Lighting Plans $12,030 25 . Landscape Architecture and Irrigation Analysis $50,255 26 . Landscape and Irrigation Plans $41,345 27 . Design Field Survey $102,000 28 . Photogrametry Not Included 29 . Not Included 30 . Geotechnical Services $13,000 31 . Not Included 32 . Conceptual Parking and Streetscape Plan $27,345 33 . LAP Process and Coordination $39,560 34 . Water Main Utility Construction Plans $31,180 35 .-37. Not Included Subtotal $1,126,485 38. Optional Services $0 Reimbursables $10,000 Grand Total $1,136,485 C:~Documents and Settings\marwan.mufleh\My Documents~20091029~20091029 US-1_delrayfinal design service agreement.doc Page 20 of 21 This service authorization is approved contingent upon the City's acceptance of and satisfaction with the completion of the services rendered in the previous phase or as encompassed by the previous service authorization. If the City in its sole discretion is unsatisfied with the services provided in the previous phase or service authorization, the City may terminate the contract without incurring any further liability. The CONSULTANT may commence work on any service authorization approved by the City to be included as part of the contract without a further notice to proceed. Approved by: CITY OF DELRAY BEACH: KIMLEY-HORN AND ASSOCIATES, INC. Date Date Mayor Witness Witness Attest: By: (Seal) Approved as to Legal Sufficiency and Form Attest: BEFORE ME, the foregoing instrument, this day of , 2009 was acknowledged by on behalf of the Corporation and said person executed the same free and voluntarily for the purpose there-in expressed. Witness my hand and seal in the County and State aforesaid this day of 2009. 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Q ~ i ~' ~ O ~ N ~ N O O O O O O O ~ O rn O O O O O N ~ O O ~ O O N M ~ ~ ~ O N ~ ~D r cD p ~ _ ~ r ~ r O r ~ ~ O ~ ~ O O O ~ O ~ N ~ ~ O O N ~ ~ ~ N O N O N Z ~ ~ 7 C ~ ~ O O O O O O O ~ O O ~- ~°° O r ~ r H 7 2 ~ o y ~ a c ~ ~-- ~-- ~ ~ u~ N ~' ~- N ~ o 0 3 z~ ~ ~ ~ ~ r Q a~ a~ a~ a~ Q a~ a~ Q a~ a~ a~ a~ Q a~ a~ Q a~ a~ a~ a~ a~ a~ a~ a~ a~ a~ a~ a~ ~ a~ a~ c ~ ~ ~ ~ ; c w ~ ~ w ~ w ~ ~ w ~ w ~ ~ ~ ~ ~ ~ J ~ a J J ~ m a~ ~ m ~ ~ ~ o ~ ~ ~ ~, U 7 ~ ~ ~ ~ ~ ~ (6 llL^^ VJ l^~l^ VJ ~ ~ ~ Q Q L ~ ~ O ~ ~ W c d ~i ~ ~ ~ ~ U ~ ~ ~ ~ Q ~ ~ a~ ~ ~ ~ l^ V J U Q ~ C ~ ~ ~ L ~ U ~ (n /L~ \J ~ ~ _ + ~ r ll^^ ~~ O L ~ O ~ ~ ~ ~ l^ VJ l^ VJ ~ ~ Q ~ IVVVAJJJ lV^J ~ ~ ~ O O c U d L /~/~/~~ ~ d O U ~ ~ ~ ~ W ~ z ~ ~ O c U (~ /~ d U a? ~ c c VJ - c O O O ~ ~ L ~ ~ ~ _ co ~ N ~ ~ ~ ~ ~ ~ O ~ O d O ~ O (n O ~ ~ c ~ c ~ c ~ O U ~ O ~ ~ O U ~ ~ ~ ~ ~ O c m ~ ~ ~ 0 ~ O O ~ ~, m O O U O U O U ~ O U d U ~ O Q ~ ~ ~ m m .~ c ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ O ~ d ~ ~ ~ ~ ~ ~ .~ ~ ~ ~ ~ a~ ~ a~ ~ ~ o ~ ~ o ~ m ~ m ~ m - ~ ~ `~ o ~ ~ o ~ - ~ m Q ~ ~ ~ J ~ J ~ ~ U O ~ U H H H _ ~ ~ (A W (A d W _ ~ ~ C'1 ~ (A Y p N M ~ ~ CO ~ O ~ O ~ N M ~ ~ CO ~ O ~ O ~ N ~ Z N N N N N N N N M M M M M M M M M M ~ ~ ~ ~ Ln Lf) Lf) Lf) Lf) Lf) Lf) Lf) Lf) Lf) Lf) Lf) Lf) Lf) Lf) Lf) Lf) Lf) Lf) Lf) Lf) M O a X .N W U (6 N m T m ~ N o ~ m z a O >, UI 3 U a Z ~ ~ ~ O Sri W L 7 c (6 0 m .~ W c . ~ a~ C (6 O Q O L ~ ~~ V a~ N L ~ a~ a~ - Q Q U O ~ U U O (n ~ (6 c O ~ U = m _ ~ (6 U 3 ~ 0 o Q ~ W U ~ ~ (A ~ Z (A ~ i 0 O O O O O O O O O O ~ O O O N O O O O ~ H = i ~' 7 C O O O O O O O O SV O O O ~ O O O O ~0.. O ~ 2 O +N+ O C '~ O O O O O O O O h- ~-- O O O ~ O Z ~ ~ O ~ O ~ O c O ' O c ~ c G ~ U cp ~ L ~ ~ ~ O m W ~ W W (n ~ W J ~ O U W J W J J J J ~ J L L ~ ~ L U O C /O d ~ O ~ W L ~ LL l1 I..L L ~ ~„L ~ ^ LL O _~ _~ ~p ~ (6 (6 Q _ W W ~ ¢ W L C - C L O O O _ O O O _ ~ > O ~ O ~ O c ~ O c O N ~ ~ O ~ ~ L ~ ~ fn ~C N U N ~ U ~ ~ O U U _ ~_ O ~ ~ ~ ~ ~ U f C ~ L (6 U C a--1 L L ~ C L f/1 ~ O Q ~ f/1 ~ O O J ~ ~ ~ fl- O ~ L ~ U U >' Q (6 ? U - N 3 (6 ~ 3 d ~ ~ U ~ ~ C _ N C Q fn C ~ j ~ (~6 ~ ~ U ~ ~ ~ ~ ~ ~ ~ U ~ ~ ~ ~ c6 m Q O U O ~ O -~ ~ O ~ O O > ~ ~ ~> U N ~ ~ ~ ~ ~ U7 ~ O (n O (n W (n (6 L > ~ "U (n L _ ~ (n c c c C~ C U c c c ~ N N O O W 'U ~ ~ -O ~ ~ ~ ~ ~~ ~ ~ -~ ~ ~ O ~ c . c . ~ ~- ~ ~ ~ a~ a~ o ~ ~ ~ ~ ~ ~ ~ ° o ~ ~ ~ Q a~ ~ ~ ~ ~ ~ ~ U U ~ ~ 0 ~ d ~ ~ ~ ~ ~ d ~ ~ O ~i m ~ p ~ N C'7 ~ ~ CO I~ O ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ Z CO CO CO CO CO CO CO CO CO CO CO CO CO CO CO CO CO CO rn 0 0 N N O c~ O O O (6 d X .~ W L U (6 O m N U O Z Q O ~ I~ U .~ Z cn p O m N C N O 3 U ~ o U ~ (6 ~ ~ ~ L +~+ ~_ Q Q L Q N ~ r 7 ~ O O OO O O ~D O ~ O p ~ N N N h ~ ~ H = ~ ~ ~ ~ r O O O r O ~ = N h- O tS7 Q N _ 7 7 N . ~ ~ y T w is p C ~ ~ ~ 0 0 0 ~ o Q Z ~ N p ~ + + ~ fC C N • O .~ N Z >+ N ~ r C C Q (n (n (n (n (n .>+ (n ~ J J J J J ~ J ~ O C C1 Q O N '~ i Cl ~ ~ . ~ O L Q U ~c _~ 3 m ~ m > ~ ~ ~ ~ ~ ~ U ~ C ~ ~ ~ N ~ ~ ~ ~ ~ ~ ~ _ ~ .U ~ ~ ~ C Q L ii ~ O ~ cn U N p ~ O ~ N C'7 ~ ~ Z N N N N N ~ CO CO CO CO CO CO 0 N O 0 0~ OO OO O N O O N U O O ~' ~' ~' O O O O O r° N N O O O W W W W W W W W H O ~ ~ ~ W Q Q a~ ~ r ~~ w ~ ~ ~ L ~ a> ~ ~ ~ ~~ ~ ~ c C V ~ ~ U ~ ~ ~ t ~ ~ N C C (6 ~ V ~ 3 ~ UcA ~U~~r ~~ ~ ~~ O ~ O N ~~ rn 0 0 N N O O (6 d X (6 .~ W (6 L U (6 m N ~ ~ ~ ~_ C z Q O ~ U .~ Z ~ (n p O m ti w L N (6 L O .~ W U N . ~ f6 Q O U r ~ C N ~ ~ N N N O Q Q Q Q N N N O V N Q Q Q L N N N O O O U L ~ L ~ L ~ L Q Q - - Q - Q Q Q Q C U U Q C C U Q C U U U U eo eo Z ~ ~ eo Z ~ eo eo eo eo L 3 = 00 CO ~ O O O ~ O O ~ ~ 00 O N 00 N O ~ _ ~ N ~ ~ ~ N N ~ M M N fC O H R r L r 3 C ~ O O O O O ~° ~° O O O ~ `m `m ~ `~ ~° M M N 2 ~ r r O r ti Z ~ N r ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ C J J J J J J J J J J J J J J J J J ~ ~ O L O ~ ~ ~ U~ L O -~ C C ~ N N ~ O U ~ ~ ~ ~ ~ ~ °o o Q ~ c~ ~ ~ . ~ ~ o ~ ~ p o ~~ ~ ~ ° ~ ~ ~ ~ a i ~~ a' - ~ ~i ~ ~ >0 0 Q ~ ~ ~ ~ \^ N ~ ~ N W ~~ ~ ~ f6 C ~ ~ N ~ > ~ O 0 . J ~ N U f6 ~ U ~ U O ~ N ~ ~ C ~ O ~ L ~ C U U N U >, r U ~,, 11 -O ~ ~ ~ _ ~ ~ ~ ~ f6 ~ N :r ~ LLJ . p (6 (6 ~ C N _ ~ ~~ O O (6 .~ ~ O ~ ~ ~ ~ ~ ~ ~ ~ ~ U U p ~ U ~ U ~ O N N ~ ~ N O ~ N N ~ >, .r N 2 L `~ L w a n ~ a > ~ Q a Y ~ ~ ~ U c ~ ? U U O ~ N p ~ N M ~ ~ M ti 00 O O ~ ~ ~ N ~ M ~ ~ ~ ~ ~ CO ~ ti ~ H Z ti ti ti ti ti ti ti ti ti ~ ti ti ti ti ti ti ti rn 0 0 N N O M O N N f6 U X N .~ w c~ m U f6 N m >, (6 N Z O U I ~~ rZ ~, VJ O ti rn 0 0 N L L O ~ O O U ~ C N O ~ a N O N O N ~ O ~~ U d ~ ~ ~ M C ~ Oa - a~ ~ ~.. ~ T O >O U > C a O ~ (6 m U O w O N ~ ~ ui d L N 7 C O O .~ W C O C = U a ~ O O i (6 O ~ O O O ~ ~ ~ Q LL O C ~ ~ ~ ~ ~ ~ '00 ~ ~ 3 ` ~ (n ~ ~ ~ O O C7 N ~' ~ ~ `~ _ ~ "" ~~ ~a X ~ c N c a~ co ~ ~- ~ O U 0 ~ L E O . N -O O ~ i O- U O U O -O ~ > N ~ c ° N ~. Q ~ ~ c n Q ~ O N W U c6 ~ . ~ ~ ~ a~ ~ O U ~~ U a ~ (6 3 ~ ~ U ~ -O O E N _ O~ U O O ~ 7 ~ O -O ~ U O ~ ~~ N ~ U~ O ~ . a Q 3~ ~ a LL O ~ O~ O~ Z Z (n Z Z Z Z Z Z ~ d E ~ _ y fC ~ ~ O O O ~ O O O O O O O ~ O O ~ W ~ ~ 2 y y 7 '~ ~ CO O O ~ O O O O O O O O O ~ ~ 00 °~ _ ~ 7 p y V ~~ o ~ ~ ~ ~ ~ 0 0 = z s ~ d H ~_ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ayi ~ ~ ~ ~ ~ J J J J J J J J J J J J J J J (,) J J J ~ fC L fC d ~ E U c a~ ~ o d ~ ~ _ ~ N ~ °~ U ~ O J U o v Q Q ~ U Q Q ~ c ~ Q ° cn o a (6 J 7 O U E C J ~ a U U i ~ C U O N N ~ y W O a ~ ~ 7 ~ tq N tq ~ O U C O N N ~ -O ~ -O ~ ~ C ~ L c o ~ a~i ~a~i ~ o ~ ~ ~ ~ ~ a o U E ~ a~ ~ ~ ~ ~ ~ ~ ~ `~° ~ ~ o ' a ~ Q - ~ ~ ° c ~ ~ a~ c a~ ~ O ~- 7 ~ O ~. ii -~ ~ (6 U in C ~ ~, O c (6 c (6 d as ~ U U O -O O ~ ~ N (6 ~ (~ ~ (6 (6 (6 ~ C U N ~O '~ (06 (6 (n N d ` ~ N (6 d -O al U U ~ ~ ~ C U -O al U ~ Y ~ O U ~ ~ C C N (6 ~. d ~ ~ Q N (n > T 0 0 ~ U ~ ~ ~ ~ W ~ U O O L ~ ~ ~ >~ U O H C C E E C (6 N Q ~ O ~ tq ~, N N N N (6 ~ (6 ~ O O C C W U ~ ~ i Q ~ Q ~ Q ~ ~ ~ ~ ~ U O ._ O ~ ~ O O C _ O N O t~ N al O N N N U N O- Q ~ ~~ ~~ > p > p ~_ U N 7 Q ~ a U W Q U d d d 0 a Q a ~ ~ W W O H O cn Y y O N M ~ L17 O ~ W O ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ Z 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 N O M O r a~ a x ai W T N L U O N tq m "" T O i ~ N d ~ ~ Z ~ O~ U c to U .~ Z ~ ~ W O eo rn 0 0 N y C d O U _ y .~+ j ~ ~ O N N ~ N ~ 2 y y N fC ~ +• _ ~ O \ N O y ~ ~ V p y V ` O ~ ~ ~ s ° N _ Z v d U y O O .~ Z J fC ~ y V C ~ ~ Q d O U U ~ VJ C fC V d ~ a _ a ~ ~ o O ~ U c y VJ O H E C ~ W a ~ fC C d C O > c O C W ~ ~ -o O 0 U Y ~ O O ~ z ~ v a~ Q 0 a~ Q ~ N 0 00 0 0 0 0 0 0 00 0 0 00 aNi `m U 0 0 0 0 0 0 0 0 0 ~-° 000000 00 W W W W W W W W W y C d ~ d V ~ N ~ ~ C ~ y _ ~ C ~ V N N ~ ~ ~ ~ ~ d ~OULL~O~~ o ~ ~ ~Q»~~Ocn' as H N O M O V a~ d x ai E .~ W T N U .~ Z ~ ~ W L U m ~~ T i ~ a~ a ~ - Z ~ O ~ U c to O eo w a~ c m L Q .~ w ~ _ Y ~ ~ N fC N N H r Y N O O fC H N C N ~ ~ Y N O O O U ~ ~ Y o 0 m H Y o 0 m H i M ~ C fC ~ O O O O O O O O O O ~ O O t `~ ~ fC ++ fn C ~' N r C p y t 0 0 0 0 0 O ~ O O V Z ~ ~ ~ 7 ~ O r i C r r a o? o 0 0 0 0 0 0 0 o w o 0 c = a ~ m c ~ ~ o r o ~ c '~ o 0 0 0 0 0 0 0 o w o 0 ~ Z ~ ~ ~ ~ ~ ~ ~ ~ J ~ J ~ J ~ J N N O ~' O O O O ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ N N 7 ~ ~ N ~ N C1 Y o ~ .L ~ m •3 ~ z ~~ m° ~ ~, ~ ~ ~ Y ~ o ~ o o ~ m Y ~ ~ O L L H ~ ~ ~ ~ U ~ d °- m c~a ~ (A w 3 3 ~ ~ ~ ~ ~ o ~ Q ~ ~ ~ ~ r ~ ~ `~° ~ °, ~ o Z o c a~ m ~ m U ~~ m ~ cn ~ ~ o a~ v ~ ~ J N N ~ ~ ~ ~~ (n m U_ ~ ~ ~ N C'~ ~ c c (6 ~ r ~ C ~ v L c ~ Q O ~ i _ ~ m W ~ N ~ ~ ~ ~ ~ ~ c ~ ~ i fn -~ ~ n ~ in v ~ " " " v i t7 ~ w U' ~ ~ w Q C1 U ~ j m m m ~ ~ N C ~ N C'7 ~ ~ O ~ O ~ r ~ O O O O ~ O H Z ~ rn ~ rn ~ ~ rn rn rn ~ H Z o 0 0 rn 0 0 N N O c~ O (6 d X (6 .~ W a~ 0 U m a~ m L ~ ~ Z (q ~ ~ L ~~ U ~ Z ~ ~ O a~ N C N O U 0 a~ s~ a~ m c . ~ a~ r p O O O ~ O c~ ~ ~ c~ m ~ c~ H N ~ C ~ O O ~ = Q O r C ~~ ~ ~ o 0 0 0 Z~ N ~ N ~ ~ ~ J J J J J r J ~~ H c~a v C _ .~ ~,~r ~ y ~ c ~ ~ ~ ~ ~ c a w U ~' ' ~ O ~ Cl ~ .~ O Z N ~ C ~ ~ Ul ~ U ~ ~ ~ i ~ i ~ ~ U c O a~ ~ r v 7 ~ ~ ~ `~ ~ (6 d ~ C ~ ~ r ~ ~ O m ca O ¢ ~ Q ~ ~ / I..L U ~ ~ i ~ V fC L ~ O Q O r.+ ii ~ C1 ~ cn U ~ Y N C O ~ N C'7 ~ ~ ca Z H rn rn rn rn rn rn O O O O O O C O O O O O O C O O O O O O C Q Q Q Q Q Q 4 wwwwwwu a~ . ~ 0 U ~ ~ ~~ ~ c ~ O O ~ '~ ~' (6 ~ C C ~+ ~ O O ~ ~ U ~ VJ c O O co ~ O ~ ~ c ~ o U ~ U ~ L Q ~` ~' > ~ a O o 'U 0 0 0 U o ~ m U U ~ ~ ~ L ~ ~ ~ 4 Q ~ m rn Q ~ U = S ~ ~~ C ~I O O O O O 0 `m U rn 0 0 N N O c~ O O O (6 d O O u N N i~ U X ~ W W a ~ ~ ~ m ~ ~, w c u~ m ~ ~ w c ~ a~ ~ a~ r a~ ~, ca ~ ~ ~ ~ ~ ca V ~ ~ ~ ~ ~ U ~C C ~ N ~ O ~~ O ~ ~ O O ~ ~ V m N L N ~~ ~ ~~ ~ a ~ ~ 0 ~.+ ~ ~ \ \ 7 O~ s= Q O [] O fn dd H Z UI~ U ~ Z ~ ~ O a~ ^W LL a~ m L Q .~ W N C N O U ~ p W c~ vi a~ c 0 0 r ~ O O O O O O O N N O O O O O O H O ~' O O N ~ O O O O O O O O O O O O O Z i ~' 7 C O O O O O O ~ O O O O O O O ~ 2 O r C '~ O O O O O O O O O O O O Z ~ ~ ~ - ~ ~ c c c c c c Q Q ~ ~ ~ ~ ~ a~ d ~ a~ ~ a~ ~ a~ ~ a~ ~ a~ ~ a~ c ~ W W I U O U O Q ~ ~ ~ ~ ~ ~ W N Q W U N Q W U W Q Q Q Q Q Q ~~ ~~ W W W W W W ~ a~ L _ U L i 7 ~ w ~- ~ ~ ~ v~ O ++ c ~ ~ O ~ O ~ ~ ~ ~ U ~ O L 7 N ~ L ~ U f/1 ~ L ~ Q v ~ ~ _ ~ W ~ ~ ~ ~ ~ ~ ~ j O (n (q i N L > L > ~ O ~ U L ~ ~ ~ O O U ~ ~ ~ ~ N r ~ cn (6 Q ~ L c~ r ~ c U U -O ~ . C c ~ ~ ~ °~ ~ ~ ~ C 00 x 0 x o w d c ~ m U ~ ~ Q ~ ~ ~ > O ~ _ ~ ~ J °Y' m ~ m ~ ~ o ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ m ~ ~ o g w m ~ a > ~ c O c O c O 'm ~+ ~ +~-1 ~ O w ~ ~ ~ a~ > .~ c6 a~ > ~ Q ° O ~ ~~ ~ ~ ~ ~ U U U ~ (~ U ~ ~ O U O (~ ~ m x 2 Y O ~ N C'7 ~ ~ O ~ O ~ O ~ ~ ~ Z O ~ O ~ O ~ O ~ O ~ O ~ O ~ O ~ O ~ ao ao rn 0 0 N N O O O (6 d x a~ m .~ W N i U 7 m ~ ~ ~ m ~ ~ U ~ .~ > ~ z ~ o °' UI ~ lU^ i ~ O~ N C N O U r ~ ~ O O O O O O O O O O O N N H O ~' ~ O ~ ~ O O O O O O ~ r Z ~ r i - ~ Y O O? O O O O O O O O O O O ~ 2 y O N O r ~ C '~ O O O O O O ~°° Z ~ v c c , m m ~~ ~ ~~ ~ J J J J J y ~ ~ Q Q ~ ~ W W 7 ~ W W r ~ ~ ~ r (6 +r ~ ~ 7 U ~ ~ ~ ~ ~ ~ ~ ~ ~ O ~ ~ ~ > U Y w ° C7 >, L Q ~ o U 0 Z H N ~ L ~ ~ ~ ~ ~ ~ ~ ~ Y ~ L V) .~ _ ~' ~ ~ ~ ~ U 7 mm O ~ c o p ~n ~n ~ ~ L ~ Q N ~ U ~ ~ ~ '~ Q L ~ ~ ~ ~ ~ "~ ~ L ~ 'V ~ ~ ~ l ^ ^ L 0 L o L a~ C C ~ ~ a~ ~ o V) a~ (/~ ~ a~ m (/~ a~ G> a ~ ~ Q fn 2 > cA ~ U ~ ~ (A Q ~ W W (A O Y N C'7 ~ ~ O ~ O ~ O ~ N U1 p ~ ~ ~ ~ ~ ~ ~ ~ N N N ~ Z H oO ~ OO ~ OO ~ OO ~ OO ~ OO ~ OO ~ OO ~ OO ~ OO ~ OO ~ rn 0 0 N N O c~ O _O (6 d X (6 .~ W N U 7 M~ ~ W ~ U ~ .~ ~ ~ Z~ O UI ~ U ~ ~ i ~ ~ ~ W W a~ c (6 0 .~ W r ~ ~ C O ~ ~ II ~ ~ O V ap . i ~ < , x _ m ~ ~- L _ `~ \ L ~ U '~ ~ ~ ~ O ~ ~ ~ ~ ~ ~ c O ~ ~ ~ ~ L 67 C X -~ Q Q ~ ~ O ~' ~_ ~- 4 ~ ~ ~ ~ o N ~ ~ X ~ L ~/ L L O C'7 ~ ~ ~ N ~ N ~ (n Q ~ ~ i ~ C O O O N O O ~ O ~ O ~ O O h 00 ~ ~ N O ~ ~ ~ ~D L!y ~ = N M ~ r ~ r ~ r Y O N O O N O O O iO+ O 2°° ~ ~ O O O r O O ~ 2° ~ I~+ O ~ N y ^^ , v/ ^^ , v/ •~ O y O' ~ r r r 2°° 2°° 2°° r r r r r ~ r r O O O ~ O Z ~ v v ~- Y l^ vJ l^ vJ l^ vJ Q Q Q l^ n l^ vJ l^ vJ l^ vJ l^ vJ ~ vJ vJ vJ vJ vJ ~ y/ Y O J J J W W W J J J J J U1 ~ J J J J J O J Y ~ ~ U1 Z ~ ~ ~ ~ ~ T ~ to 'y >+ C N _ _ c L ~ Q ~ W ~ c C ~ L O Q ~ ~ U (6 U ~ c ~ i O C1 O d ~ .~ (6 O ~ ~, 'a3 U1 ~ ~ +J Q Q U ~ ~ N ~ ~ ~ ~ (/I Q ~ ~ i ~ ~ ~ ~ ~ ~~ l ^ ' Q N ~ ~ °' ~ w m ~ ~ ~ ~ ~ a ~ ~ m ~ ~ vi ~ ~ ~ ~ ~ o ~ ~ ~ ~ ~ ~ ~ ~ ~ o ci ~ ~~ ~ o c ~ °~' `° `° a' ~ ~ m Q -~ ~~ a m U ~ ~ d W J - C Q W ~~ ~ C1 C W' ~ ~ - ~ Q ~ O L Q ~ _ ~ ~ ~ ~ Q Q ~ ~ •~ ~ ~ ~ ~ ~ ~ Q ~ Z ~ ~ cn cn C~ U U ~ O ~ ii ~ C1 ~ cn ~ U Y to p ~ N M ~ ~ O ~ O ~ O ~ ~ ~ N ~ C'7 ~ ~ ~ ~ ~ CO ~ ~ ~ I~ ~ ~ Z 67 67 67 67 67 67 67 67 67 67 67 67 67 67 67 67 67 rn 0 0 N N O M O (6 d (n X (6 C .~ W (n ~ ~ ~ ~~ L ~ U M(6 (6 W m ~ a~ >~ z ~ O U _~ UI ~ z °' ~~ i ~ ~ ~ rn 0 0 N N O M Y N fC H fC i N C N C O N i N O C Q a~ w ~, -o ~ - ~ ~ ~ ~ ~ 0 U a~ U ~ N y ~ ~Q C ~ ~ ~ ~ ~ M ~ ~ ~ _ ~ . O 0 0 0 0 ~ r O OO ~ r ~ ~ N N N ~ ~ ~ 'a (6 U ~ d C O O it7 O O ~- ~ N N ca t Q O O CV O O CV U1 ~ X N ~ Cl ~ ~ ~ W W W W W W ~ W r ca ~ ~ N > ~ . ~ , ~ ~ O ~ ~ C O p vi +_~ a~ ~ ~ ~ ~ .~ >' cn m ~ c ~ ~ a~ ~~ ~ ca ~ c O~Q ~ L ~ ~ ~ ~ ~ ~ ~"' i C ~ ~ ~ L .C ~ ~ C ~ ~ ~ ` L cc C ~ ~ ~1 ~ J O ~ - ~ ~ N ~ ~ ~ ~ ~ (6 ~ ~ U L ~ ~ r r ~ ~ cAC1~Oin ~~ H Z _ UI~ ~ ~ O W d c m m O m .~ W N C N O U r i O O ~ O N CO O O ~ O O O O O O O ~ 00 ~ ~ ~D N H = O ~' N O ~ ~ ~ M ~ O N O _ M _ M Z m m i ' O o o O 7 C ~ O O O O O O O O O ~ ~ H ~ 2 ~ ~ ~ w ~ a o c ~-- ~ c~ ~-- o o 0 0 0 0 ~ ~ ~ o o a- z~ ~ V i N ~ (n ~ ~ ~ ~ Q Q Q Q Q (n (n N N (n (n ~ ~ C ~ J L L L L W W W W W J J O J J r ~ ~ ~ ~ ~ ~ ~ O a °' ~ °-' a~ i a ~ ~ c>a ~ i d ~ ~2 ~ C j ~, fC ~- ~ Cl ~ ~ ~ ~ W N > O ~ ca ~ ~ a o " ~ O p N O ~C c Z ~ ~ C ~, ~ ~ ~ ~ (n 0O ~~ ~ ~ ~ ~ N O O O O c6 > ~ ~ O L ~ ~ ~ c o Z ~ J ~ a~ O ~ ~ O a~ O (A O ~ ~ (A vi Q O v~ _ o ~ ° °' a~ Y ~ (A m H ~ U d m d >, ~ ~ C~ ~ H U Q cA Q cA ~ ~ O ~ cA Y ~ N M ~ ~ CO ~ O ~ O ~ N C'7 ~ ~ w o Z 0 0 0 0 0 0 0 0 0 ~ N N N N N N N N N N N N N N N rn 0 0 N N O M O N a~ m x O (6 .~ W O ~ ~ U ~ (6 ~ O - m d N ~ i C ~ ~ Z ~ O °~ U _~ UI ~ Z ~ ~_ ~ O N W d O c~ C c(6 C L O .~ W ° , m c O O U ~ (6 CO U fl- ~ "U C C (6 Q (6 ~ Q _ O _ ~ ~ c ~ ~ ~ c O ~ U1 7 N N C ~ U ~ ~ ~ o O ~ U ~ L O V L ~ ~ L O c°- Q ~~ ~ X Q ~ ~ ~ O ~ Q O O X N L O ~ ~ c Q cn ~n ~ ~ ~ L (6 O > U +J ~ X U "O ~ r ~ ~ ~ ~ 7 a--1 ~ t .~ 7 ~ ~ t C ~- U ~ N X ~ ~ L ~ 3 U N ~ ~ ~ ~ +J ~ O O O + L Q ~ U C ~ X ~ ~ ~ ~ ~ ~ O Q ~ .~ r ~ ~ ll ^^ VJ r cc C i r~ C p ~ O ~.,~ O O O O O ~ N ~ ~ O ~ ~ ~ ~ O O ~ N O ~ O C'7 ~ N O Lf) ~ ~D h ~ ~ M H = L r ~ ~ ~' O ~-- O O O O ~. ~- O 2°° r° lj~ r° O O ~ 0 O r° O C'7 O O O ~ 0 O ~ 0 O = ~ h- O it7 ~ N H _ 7 7 N . ~ ~ y O N C~ ~ ~ ~ ~ ~- ~ ~ ~ ~ ~ ~ _V • ~ ~ o 0 o V • o ~' ~ Z ~ ~ ~ Q ~ V V ~= ~ ~ J W ~ J ~ J W ~ J Q W ~ J ~ J ~ J ~ J ~ J ~ J H ~ J ~ J ~ J ~ J ~ J ~' C ~ J r N .y Z N - . >+ y ~ ~ m Q 'w a~ ~ ii ~ m c ~ . C Q N ~ ~ N ~ Q _ . r ~ O U ~ fC C fC N . ~ N ~ ~ O ~ ~ ~ OL C O O p C1 ~ >, O O .~ ~ ~~ O Q ~ O L ~ " " p ~ (6 C U ~ U Q ~ _~ O O ~ O O Q ~ ~ O N L d _ (6 (6 (6 ~ O O .U -O ~ ~ ~ ~ ~ O ~ v~ ~ ~ O ~ U C U C C 7 (~ ~ ~ _ ~/ ~ U) ~ +~ . fn U (~ ~ U C O ~ C U U ~ ~ ~~ ~~ ~ O W O U ~ N W fn c U ~ ~ c U ~ N O Q -O O (6 (6 ~ U ~ A v J N N U O ~ ~ r-x U ~ O W ~ r-x ~ v J U Y ~ N C'7 ~ ~ CO ~ O ~ O ~ N C'7 ~ ~ CO I~ O ~ w o ca Z H _ N _ N N N _ N _ N N N N ~ N ~ N ~ N ~ N ~ N ~ N ~ N ~ N ~ N ~ N rn 0 0 N N O r O N N O (6 d x a~ m .~ W N O U (6 O ~ m ~>, L ~ O Z~ N I~ U ~ ~ ~ O N N r C N O U Ul r 7 ~ O 2 i r ~ 'c o ~ 2 o w r Z ~ r .~ N ca H o ~z O O ~ CO O C ~-c~c ~--Nc Q Q Q Q Q a w w w w w u c 0 .~ c °o ~°-' U ~ +J ~ C O ~p U Q ~ ~ U ~~ C +J O L U ~ ~ ~ U ~ ~~ C O ~ C ~ ~ U U Q Q f N N p ._~ U d ~ ~ U ~ ~ ~ c L ~ ~ i Q ~ ~ + w w d ~ ~ C N O O O N O ~ M r U ~L L m U u~ ~- Q Q ww N Cl C N CN C V ~~ t V N H m ^0 Y ~ ~ C ~ ~ ~ ~ ~ ~ U ~ ~ m d d N Cl C N N 0 H M Y N fC H fC i N C N t7 c 0 a> a> r c a> m c m E a> m C N N 3 a> .~ a> C ca N m a vi a~ a~ 0 a m a~ c fC C N r N fC C fCC C V N ~O a Z rn 0 0 N N O M O N a~ m d x a~ m .~ w a~ i U (6 m ~>+ L ~ Q ~ O Z ~~ N U ~ ~ ~ O N W d a~ c (6 O m .~ W 0 a~ a~ L U U O 7 U Q U L N ~ ~ X ~ ~ ~ 7 ~ m ~~ U U + o c L Q~ L X Q ~, U U (6 ~ Q L L Q Q Y 0 O O O O O N ~ O O O O ~ O O O ~ O ~ ~ ~ O H = O ~' ~ ~ ~ ~ ~ Z ~ ~, fC r fC r _ O O O ~' O O O N -- O O O O 0 o ~ '~ ~ ~ r`+ H ,,^~^ o r v/ m a O c ~-- ~-- ~-- ~- u~ c~ O ~-- ~ v ~ o 0 ~ z ~ ~ o ~ r ~= O O O O O O Q Q ~ Q Q O (n v ~ (n (n N ~ ~ ~ ~ ~ ~ ~ ~ W W ~ W W W W d ~ J N J J ~ ca C1 ~ a 'v~ O C N r N . (n ~ fC W O ~ U ~ ~ a, ~ c ~ ~ ° o ~ o ~, - - ~ ~ U c z ~ ~ O ~ ~ ~ ~ ~ ~ m m ~ ~ w ~ ~ - ~ a~ ~ a~ ~ a~ ~ ~ ~ ~ ~ ~ C~ ~ °? ~ >, c cn ~ ~ ~ ~ ~ o o ~ ~, ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~o >o ~_ ~ ° ~ ~ ~ ~_ m m O O _ ~ ~ ~ ~ O z ~ ~ ~ ~ ~ c ~ O ~ O (A ~ O O N ~ ~+ N c O ~ (n vi Q O ~ U ~ N ~ (~ O U N N Q ~ (~ ~ }~ L ~ ~, _ ~ ~ ~ O ~ ~ U ~ ~ O ~ O O U N ~ Q ~ ~ - ~ ~ Q ~ Y (A H C~ d ~ ~ C~ (A (A ~ (A H H ~ ~ C1 cA Y ~ N C'7 ~ ~ O ~ O ~ O ~ N C'7 ~ ~ CO I~ O ~ Z N N N N N N N N N N N N N N N N N N rn 0 0 N N O c~ O N O c m c O (6 N (6 c Y Q J a 0 U N L L U C6 .~ N O N c6 M N U 7 N m 0 m 0 ll~ VJ O W N L .~ d C6 N C O O O ~~ O O' ~ >' N C O N m Q L1_I U LL 7 ~ ~ ~ ~ U ~o O O- C6 W O N N ~ C d ~ N U Uj N O U O ~ U ~ o E ~ ~ ~, m m ~ ~ ~ O ~ ~ ~ ~ Q ai 3 ~~ T ~ Q N ~ ~_ c6 q7 _ ~ .~ ~ ~i M ,~ L ~ ~ ~ > ~ N ~ ~- ~ O ~' c6 0 Q O ~ x L ~ ~ ~ - N ~ ~ C O U (~ L O ~ ~ O O O ~ q7 ~ O O O O CI) C C CO r M r C r ~ Q fC L G 3 O ~ O N O ~ O 00 ~ O ~ O M T M M O O ti N M ~ r p H = N N w w w 7~ O O O O C5'.t ~' O w M M a a a w a O O ~ Q h+ O ~5 ~ H 2 ~ ~ ~ w ~~ '~ O O ~ >+ O' ~ T T T T T T T T T T T T V ~ T T O O O ~ ~ O Z ~ ~ ~ Q w ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ w ~ w ~ J J J J J J J J J J J J J J J J J C J ~ ~ N . O ~ ~ Z J R O N N ~ M N Q 01 ~ N C ' ++ O ~ O 0 ~ Of ~ O ~ N ~ ~ O -O ~ ~ ~ ~ - O J ~ ~ ~ O C6 C C6 L ~ 0 0 L ~ ~ > N ^^ (6 Q _ ~ (6 O cc G ~ ~ ~ N ~ ' ~ Q ~ - V U C ~ > W U c6 ~ -O ~ E m V Q ~ ~ ~ C m N d ~ ~ U Q O p ~ _ J U ~ ~ ~~ ~ ~ ~ ~ ~ ~ ~ ~ - '~ L ~ O U ~' c 6 O ~ ~ N E ~ ~ ~ ~ Q N O ~ - ~ ~ ~ 4J ^U^ ~ O L L O ~ ~+ ~ W U ~~ L O ~ U ~ ~ ~ O ~ ~ ~ ~ O ` LL W Q ~ ~ . ~ ~ ~ o ~ - ~ ~- ~ °- ° m o ~ m i a ~ ~ ~ o J J Q > I..L Q' H ~ C1 U H 0 ~ H O ~ Cn U ~ r N M ~ lf) CO I` pp O O r N M ~ lf) M ti 00 O Z M M M M M M M M M T T T T T T T T T ~ N N N N N N N N N N N N N N N N N N rn O O N N O T M O N N O1 C6 d X C6 .~ W_ >, c~6 N U M~ W C~6 ~ N ~~ ~ >'` c6 Z Q O U ~ U ~ Z ~ ~ J O N rn 0 0 N N O T Q J a C H M N fC H fC L ~ , V O L W L w M ~ d O M N ~ ~ ~ O ~ O O O O 00 O O 00 N ~ N ~ N ~ d U L d ~- O ~- O O O O O O `~ C R d r- O c-- O O O O O O N R t ww wwwww ww x ~; ~ ~ a~ ~ ~ o ~, a w T l ^ VJ V L O _ Q ~ ~ W l ^ n U ~ ~ y fn ~ L ~ ~ .~ ~ ~ ~ 01 c6 .~ ~ V ~~ C m U O N C ~ ~ ~ _ ~ y O- ~ a O . N N O ~ ~ ~, _ ~ ~~ E O ~ ~ ~ ~ H °'~ °~ ~ > ~ c6 z m~~ m~'°'~ . U ~~ °' ~ a Q ~ ~ ~ ~ O H H 0 0 3 ~ ~ Qw ~ ~ N O ~ ~ ;a :: O p) U ~ o ~~ L ~ ~ ~ O ~ •~ 7 O ~~ O O ~ U~ I1I1d O~QLLO~ dd H Z Z ~ _ O c~ m ~ ~ .o c ~ O =p 00 ~ O ~ N N N s= ~ ~ ~ C O ~ ~ N W O ~ "r c ~ N N N ~ (6 ~ M ~ U ~~ 7 W ~ ~, N C 0 O C O (6 U O (6 O_ m 3 a~ c 0 a~ c W Q U ~ ~ L ~ ~ Q 7 C ~ U c ~ U o ~o (6 ~ W Q 2 Y o T ~ ~ ~ ~ ~ ~ ~ T ~ T ~ W ~ . "O ~ O N Q ~ ~ N ar ~ N L ~ ~ ~ ~ ~ O ~ O O (, ~ ~ c ~ C ~ U ~ ~ ~ ~ U ~ ~ (6 O ~ ~ ~ N II ~ O N N N O ~ O II ` ~ ~ ~ O ~ fl- L Y ~ ~ ~ ~ N O ~ O ?~ ~ ~ X O ~ X N ~ ~ ~ ~ N ~ N O_ N O N O U N O N ~ N N O ~ N ~ Q O s= ~ N O s= fA (4 L Q O M O ~ N N ~ O ~ ~ O O O ~ ~ N O H = O ~ ~ p s ~ O N N N N O ~ ~ O O O N O N Z ~ N a.+ _ L 7 C M O lC7 ~" ti7 O M ~ O O O ~ ~ Q ~ N ~ ~ Q y ++ a~ ~°- O N N N N O ~°- O O ~ v o o d Z ~ ~~ s c ~_ a~ L a~ L a~ L a~ L a~ L a~ L a~ L a~ L a~ L a~ L a~ L y ~ s ~ >- ~ (n (n (n (n (n (n (n (n (n (n (n J N J J J C G1 ~ ~ N ~ a c~ °~ c w '~ °1 U .~ J ~ ~ ~ co ~ a~ D ~ c ~ ~ ~ U v c Z ~ U ~ ~ `~ ~ >, ~. Y ~ N ._ ~ "O ~ N D ~ (n ~ ~ fC ~ ~ - .~ (6 - T (6 (0 ~ ? ~ ~ N (q ~ W ~ ~ a ~ ~ N ~ 0 ~ ~ O _ W ~ N c N O Z J ~ O N N ~ N ~' O c ~ ~ ~ ~ ~ O ~ ~ ~, Q (0 a J ~ 0 m p U ~ Q ~~, ~ ~ ~ ~ ~ ~ ~ D ~ v ~ cn ~ Q v ~_ ~' Z ~, ~ ~ ~ ~ ~ ~ O Z N ~ N ~ ~ ~ ~ Q Y c~ ~ C7 a ~ a a ~ ~ ~ ~ C~ c~ Y ~ N M ~ ~ O ~ N O ~ ~ ~ ~ ~ H Z N N N N N N N N N N N N N N rn 0 0 N N O r M O N N O (6 W C (6 C L J N c 0 U O U (6 O c O C (6 O U 7 W d L c7 C 0 (6 .~ W a' ~ O U ~ > L L (6 ~ . ~ U Vj ~ j ~ ~ Q "~ ~ ~ ~ ~ ~ ~ ~ ~ L ~ (6 C O ~ O .~ L ~ O U L ~ ~ I..L ~c ~ Q ~ ~ U O O ~ U ~ N O 7 0 ~~ L -_ ~ N .~ O L L L ~ (6 ~ ~ ~ U O U- O L O fl- 3 7 N F U O ~ ~ 7 Q N U Q O Q ~ ~ rr i `~ ~ O N ~+ ~ ~ ~ ~ ~ U - O 1 ~ O ~ ~~ ~ N ~ O /J ~ Q O ~ L S U Q -~ Q 7 + ~- C ~ N ~ Q ~ Q> (6 ~ ~ ~ C ~ L ~ O C " 3 ~ ~ Q U U ~p . O~~ ~ R U C O ~~ ~ ~ N ~ O p ~ O ~ O~ ~ (q ~~ O ~~ O m ~~ ~ m c . O ~ U ~ ~ O U V U _ O .~ ~~ U ~ : L Q ~ ~~ 3~ ~ N U N p~ >' vOi L > ~ L ~ U V) v) ~ ~ _ O O ~ N ~_ X ~ ~ _ C (n (6 (6 ~ Q ~ ~ ~ O C ~ > L O > L ~ ~ ~ _ _ O ~ O ~~~ O~ c N co "O Q Q ~ ~ ~ L ~ ~ ~ 1 O Y ~ (n L (6 ~ O +~.1 ~ ~ N ~ ~ + O fn fn ~ O 7 U ~ "~ y1 ~ U ~ ~ -O ~ ~ O ~ O > ' ~ L O O L +U+ ~ > ~ C ~ ~~ (6 ~ ~ L U N L ~ C O ~ Q C ~ U > ~ O ,~ X 'U ~ ~ ~ Q~ ~ ~ ~ ~ ~ O O Q U ~ C L 0 0~ ~ ~ "~ Q c ~ +~+ ~ L O H O +~+ O O O fn O O Q J Q U O ~ U m ~ "O ~ U ~ b~ W m ~ ~ N r~ p O N O C'7 m ~ ao ~ O ~ ~ N CO ~ O ~ N O ~ N ~ 2 i r r O O p +' O ~ C C ~ S V tS7 ~' N N 2 ~ O r v C '~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ Z ~ v N H N N r ~ ~ ~ ~ ~ ~ ~ ~ ~ T ~ ~ p J J J J J J J J J ~ J J ~ p Q N 7 V U ~ U O r ~ . i ~ ~ > O Q ~ ~ ~ ~ U N ~ ~ ~ ~ ~ ~C N (6 ~ ~ O L V H ~ - C ~ ~ U L Q ~ C c ~ ~ ~ ~ ~ O U U ~ J O >, L ~ '~ O Q m O O ~ O U Q ~ ~ ~ Q ~ ~ O O ~ ~ ~ Q ~ ~ ~ U ~ ~ L > O U ~ ~ ° vUi ~ W ~~ ~ O ~ m °' ~ m ' ~ ~ ~ ~ a~ ~ -~ ~ m _ ~ ~° m o o ~ ~ ~ cn ~ L 2 U U ~ O O ii Y p ~ N C'7 ~ ~ O ~ O ~ O ~ ~ Z ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ N N N N N N N N N N N O O N N O r c~ O O N O (6 d U X O (6 .~ W (6 i ~ ~ U ~ M~ (6 W (6 ~ U \Q L Z Q O~ U ~ I~ U c z ~ ~ J O N O N c . ~ M r ~ ~ ~ N ~ ~ ~ ~ ~ O O O iO+ O ~`+ ~ N ~ ,^ v' •~ V • ~ O O O ~ O Q V Q ~„~ 0 Z ~ J J J J N ~ J ~ U1 J >+ ca ~ ~ N Q 7 O V c r O U ~ ~ Q ~ ~ Q ~ fC ~ ~ V ~ U N ~ ~ (6 ~ ~ J p ~ ~ ~ ~ ~ O m Q ~ ~~ m ~ ~~ Q L L m a~ ~ O ~ cn U N ~ C'') ~ ~ ~ ~ ~ CO ~ ~ ~ ~ ~ ~ N N N N N rn 0 0 N N O O N (6 X .~ W N ~ ~ U ~ (6 ~ (6 m Q (6 L ~ U Q L Z Q O ~ U ~ I~ U ~ Z J ~_ O N rn 0 0 N H Sri N ~ ~ OO O O O M ~ O ~ ~ `m U ~' O O O ~- O CV CV CV O O O O W W W W W W W W . ~ O Q N > L ~ ~ ~~ Q ~ ~~ ~ / N ~ ~ ~ ~ ~ U7 ~ U ~ ~ Q fC V U ~ ~ ~ ~ Q U ~, ~ ~ V ~ 3 ~ O U ~ ~ ~ U ~ c N ~ ~ N ~ ~ ~ ~ ~ ~ N .~ ~ ~~ 3 O ~ Q a..1 U ~ _ ~ U ~ ~ O c .~ m m L a~ o ~ ~ a~ ~ N O C'7 O O (6 d X (6 .~ W (6 L O N U ~ (6 ~ (6 m Q (6 ~ U Q L ~ Q Z Q O~ U ~ I~ U ~ Z J ~ ~ ~ o ~ o ~ ~ U ~ C ~ ~ ~ ~ ~ ~ O ~ N ~ O ~~ ~ d ~ ~ ~ (6 ~ ~ O c ~ O~ - O (A ~ ~ O >~ C ~ O ~ (6 m ;~ O O O C ll~ VJ W d L O c7 C 0 m .~ W ~ ~ ~ ~ a~ ~ ~ ~ ~ ~ O N ~ ~ ~ O C ~ O ~ ~ ~ ~ ~ ~p ~ O ~ O > ~ O ~L L ~ ~ ~ Q c6 ~ ~ O L U Q O U1 ~ ~ ~ +~ ~ O O ~ ~ ~, ~ ~ c O ~ ~ c O O "~ N ~ ~ . _ L ~ (6 ~ O O ~ O O ~ O c ~ ~ Q fn O ~ O ~ ~ c6 O ~ ~ "~ O N v1 ~ ~ O ~ ~ L O V OU ~ N U ~ ~ .O O ~ ~ N O ~ O ~ in ~ "O O ~ ~ ~ ~ L~ > U N C N L N ~_ ~ ~ 3 ~ O ~~ ~ U ~ N ~ ~ ~ ~ fl Q ~ ~ ~ = 4 _ ~ _ ~ U ~ ~ - Q ~ ~ Q ~ ~ ~_ pU c U c O~ U~ O ~ U j U N "O . Q L ~ ~ O ~ ~ ~ ~ ~ ~ ~ O ~ L ~ ~ Q O O O 0 ~ O . ~ O L Q O O O Q /^ 0 LL U N // LL L L (/~ /^ LL Q ~ ~ Q /^ LL N // cc LL G i C C U ~ ~ O ~ O ~ ~ O ~ O N O O ~ N ~ LD ~ = M M O ~' y ca ca C~ ~ ~ ~ O ~ O N ~ O N O N ~ O ~ O ~ Z ~ i ~' fC ~' fC + ' ~' ~ ~' O O N O tS7 O ~ O o o ' O? +' h- tC7 H 2 ~ Ul ~ O r ca C~ ~°° ~°° ~°° O ~. O N ~. O N O N ~°° ~ 7 0 0 ~ Z ~ _ ~ r ~ ~ ~ ~ O ~ O ~ O ~ O ~ O ~ O ~ O ~ O ~ ~ ~ ~ ~ O ~ ~ fC V ~ ~ ~ ~ L L L L L L L L L L L L L J '~ J J Y ~ ~ (n (n (n (n (n (n (n (n (n (n (n (n (n ~ V O N Q V ~ N ~ C fC fC a N ~ ~ ~ ~ c m C N ~ ~ N N N O J U O ~ U O d V r O O d ~ N O W O d O ~ t i O ~, H ~ "~ Q ~ O Y O ~ O ~ ~ ~ O ~ ~ m ~n ~ V ~n ' U Ul L ~ ~ L ~ ~ O z l ! V ~ H ~ ~ ~ ~ p c ~ ~ O Z p c L O O Z ~ ca J m ~~ O J L -p J ~ ~ (6 ~ (p 7 - N ~ ~ O O C (6 ~_ C N ~ O ~ C O (6 W ~ ~ ~ ~ ~ ~_ ~p ~ ~ N O ~ O C N O ~ O d ~ ~ ~ N (6 ~ d ~ U ~ ~ C O c O Z ~ c O d d ~ d d ~ O Q O Q ~ ~ ~ ~ O O ~ (6 ~ L ~ 6 ~ C ~ C ~ C O O O ~ ~ ~ ~ c ~ ~ W Q ~' fn i ~ ~ ~ ( U a~ O c c c m m m -~ -~ c ~ ~ + + ~~ a~ ~ N O ~ ~ c 6 c 6 c 6 .~ .~ .~ (p (p (p O 7 ~ Y ~ / ~ C'1 / / ~ LL / ~ LL / ~ LL / ~ LL L L L = ~ U ~ ~( V // ~ V J Y ' O ~ N M ~ ~ O U1 p ~ N C 7 ~ ~ O ~ O rn ~ ~ ~ ~ ~ ~ ~ ca Z co co co co co co co co co co co co co co co co ~ N N N N N N N N N N N N N N N N O O N N O O c~ (6 X O m .~ W N O U ~ m ~ O ~ m ~ (6 ~ U \Q L Z Q O~ U ~ I~ U ~ Z J ~_ O N W L O c (6 0 m .~ W N C U L L U ~ ~ L O O ~ Q Q \/ ~ v a~ ^` V ~ Q O ~ ~ L Q ^\ V ~ N ~ O ~ U U Q O ~~ O ~ O ~ Q O ~ N ~ U ~ U ~ N r 7 ~ CO ~ CO CO ~ N N ' CO ~ ~ ~ N ~ O p p N ~ N ~ ~ N ~ C 7 ~ ~ ~ N CV H = ~ ~ ~ ~ N N r O O r O p p ~ N 2°° N 2°° 2°° N 2°° 2°° ^ ~+ ^ N v/ v/ O r ~ V ~ p •~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ o o 'c o a z~ r ~ v a ~ a~ m ~ r v ~' o r .~ ' cn cn cn cn cn cn cn cn cn v~ cn cn cn J J J J J J J J J .a J J Z J ~ r+ fC Q Cl V 'a p N ~ i ~ + '' N fC ~ o ~ ~ ~ `° a o i ~' ~ ~ C >, "U ~ ~ ~ W d "U ~ L C 'a i fC m ~ ~ c U ~ ~ r O ~ a Q ~c ~ ~ ~ c °~ ~ ~ O ~ c ~ ~ o _ ~ ~ Y ~, ~ ~~ ~ ~ " ~ ~ ~ V ~ m W ~ Q ~ a c m ~ Q Q Q Q d O ~~ O ~ O ~ ~ o U ~ ~ m ~ ~ ~ Q ~ U U ~ r U -O ~ ~ ~ -O ~ a~ ~ o U ~ O ~ m ~ Q ~ M d O U J ~ J O O ~ 3 vi O v O ii J U m c W~ Q ~~ ~ O c ~ 3 ~ ~ 3 ~ 3 3 0 ~ ~ V m ~ m m ~ m ~ ~ ~ ~ _ L ~ L L ~ L ~ O ~ ~ ~ ~ O ~ ~ ~ ~ ~ ~ ~ U ~ ~ C1 cn U U1 p ~ N C'7 ~ ~ co ~ ao rn ~ ~ ~ ~ Z CN CN CN CN CN CN CN CN CN N N N ~ ~ ~ rn 0 0 N N O O N O (6 d x O (6 .~ W N O U (6 O m L U ~ ~ ~ O O ~ U ~ UI Z ~ ~_ d O CN rn 0 0 N N O 0 0 0 0 0 0 0 W W W W W W H O w W L r ~ ~ ~~ _ Q W ~ U ~ ~ L .~ fn '3 N ~ a--1 ~ ~ V ~ ~ ~ ~ ~ ~ ~ ~ C ~ ~ v ~ ~ ~ ~ W v . ~ ~ N ~ ~ ~ ~ ~ ~ ~ ~~~ ~~ ~ ~~ `6 Q~ o ~ ~, ~ ~ U L ~ ~ ~ Y Q ~ O ~ ~ ~ M Y N fC H fC i N C N C O N i N r C N T ca 7 C ca N i ca N Cl C ~ M r ~ ~ ~ ~ ~ O ~ ~ ~ 3 ~ ~ U .i ~ ~ d N C ca N N ca t Q Ul U1 ~ X ~ ~ Cl O ~p ~ ~ + - ~ ~ ~ W N V C ~ ~ Tca V ~ ~ L ~~ ~~ Q / fC C U (6 fC ~ m N ~ ~O ~ ~ ~ ~ i a ~ ~ z~ N O ~ o Z U ~ I U Z ~ d ~ _ O ~ N Cl C ^W LL c (6 c~ C O m .~ W N C N O U 0 0 Q Q 3 U U O ~ ~ O ~ ~ L ~ L Q Q Q O Q O ~ O O ~ L L - ~ ~ N~ / I..1. NN L.1. cc G ~ ~ p p O COO O ~ ~ ~D N O O ~ ~ M ~ ~D H = N ~ ~ ~ ~ r 7 C O c\I O ~- r O OO o o iO+ o O ~ O ~ ~°° ~ r•° ~ c\I (n (n O O r O ~ V Y C O C ~ ~ ~ ~ ~ ~ ~ O O •C O Z ~ ~ ~ V p w o c V cn cn cn cn o cn cn cn cn o cn a ~ J J J J () J J J J Z J Q ~ d ~ J O M J +.+ ca M C O O O L / ~ V Q ~ c U Q J ~ T J Y ~ L ^~ LL - H W ~ O ~ L O U ~ (n (6 O `~ O c - U C ~ ~ L w ~ U ~ O N ~ ~ U ~ ~ ~ m ~~ ~ ~ U Q ~~ m ~ ~ ~ ~_ ~ ~ ~ ~ C +± L -~ O O m ~ ~ d ~ Q J O I..L O ~ ~ C1 ~ (A O U Y y p ~ N ~ ~ ~ ~ O ~ a7 ~ O N ~ N ~ Z C~7 C'7 C~7 C~7 C'7 C'7 C'7 C'7 C'7 ~ ~ ~ ~ ~ rn 0 0 N N O ~ ^ _~ ¢I ¢1 N ~'(' O OO O O O O OO O O OO ~ O (6 d O O O O O O 2° O O O O O O Q Q Q Q Q Q Q X W W W W W W W dj (6 ~_ H ~ U W O U W ~ .~ ~ ~ N ~ o w ~ ~ L Q O ~ N ~ ~ .~ C~ r ~i - ~~ ~"~ N ~ ~ U (n ~ ~ ~ ~ ~, G O L N O ~ . O O ~ ~ O ~ O> . C~~ H a~ 3 ~~ , N a> p N c v g •~~C~ ~ ~ Ogg c ~~ ~ ~ ~ Z ~ ~ ~ U ~~ O ~ ~ ~ N ~~ U O ~.c? O d },.0~ ~ ~~ O UU H Y J ~~~ O~ d d H IW U Z Q U C~7 ^w LL O O m .~ w N C N O U E a~ ~ m a~ Q ~ ~ H - O in ~ ~ W r~ p O N ~ N ~ O a0 ~ N ~ O O ~ O N <'`~ O N O ~ N ~ CO ~ ~ ~ ~ ~ 2 N N O ~' C~ ~ O O O ~ O ~ Z y r r N N O ~ ~° O N N O O iO+ ~- O O r v/ c a o r `~ ~ C •~ ~-- ~-- ~-- d- ~-- ~-- O ~-- c~ d° ~-- ~-- ~-- a ~-- o o r z ~ o ~ r ~ i y ~ C 7 J J J L (A L (A L (A L (A L (A ~ W L (A J J J ~ O ~ W J J V C U '~ c ~ a> •~ v ~ r ~ ~ a~ r m ~ O . m ~ M ~ ~ ~ 2 ~ ~ p W ~ U ~ ~ > U ~ c cn ~ ~ ~ ~ o U ~ ~ ~C O (n ~ ~ ~ ~ .~ "O L "O L N fC ~ m ~ fn ~ O ~ c O _ c ~ ~ O L d O U O U ~ 0 ~ ~ c ~ O 0 ~ _ O ~ (~ O U p ~ ~ 023 ~ 023 c U L Q +~+ ~ ~ O ~ p N L ~ O N ~ ~p ~ ~ 7 O c6 N ~ ~X "O U O ~ O ~ O ~ -O L O O O ~ ~ ~ Q W ~ m ~ ~ ~ U ~ >' m ~ ~_ w ~_ o °~ ~ ~~ >, ~ ~ m O in O m Q d ~ Z d ~ Y ~ ~ ~ (A 2 ~ U ~ O (A Y ~ N C'7 ~ ~ CO I~ O ~ O ~ N C'7 ~ ~ CO rn 0 0 N N O O a~ m w x a~ m E .~ W m a~ l~ U (6 O m (6 > ~ O ~ UI m Z O «~ Q ca 0 .~ O J m t N m O C~ any u~9 3N-3S ~ any u~S 3N-3 cn ~ ~ w o W ~ r Z W a a :~ ~, ~, fia -.a ~: ss-~ ,~ C~ U c~ a~ m N 0 0 N MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: November 11, 2009 SUBJECT: AGENDA ITEM 9.D. -REGULAR COMMISSION MEETING OF NOVEMBER 17, 2009 APPOINTMENTS TO THE KIDS AND COPS COMMITTEE ITEM BEFORE COMMISSION This item is before the City Commission for appointments to the Kids and Cops Committee. BACKGROUND The terms for Ms. Caroline Cassidy, Ms. Jennifer Buce, Officer Francis Moschette and Ms. Phyllis Willingham on the Kids and Cops Committee will expire on November 30, 2009. Ms. Buce, Ms. Willingham and Mr. Moschette serve in the category of "At Large Representative" and would like to be considered for reappointment. Ms. Cassidy serves in the category of "Citizen At Large" and would like to be considered for reappointment. The terms are for two (2) years ending July 31, 2011, to comply with the expiration date required in the City Code. The Kids and Cops Committee was established as an advisory board to the City Commission in May, 1994 with the adoption of Ordinance No. 20-94. Its primary goal is to strengthen the relationship between the local youth of our community and members of the Delray Beach Police Department through various programs and activities. It is composed of representatives from the City's Police and Parks and Recreation Departments, as well as, representatives from the Delray Beach public schools. Over the years, membership has evolved to include "At Large Representatives" which has provided the opportunity for interested residents to participate in the program. The City Commission directly appoints members to fill the "Citizen At Large Representative" and "At Large Representative" category. The other appointments are made by the various groups involved and presented to the Commission for ratification. 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 Commissioner Gray (Seat #4), Mayor McDuffie (Seat #5) and Commissioner Eliopoulos (Seat #1) for three (3) individuals to serve in the category of "At Large Representative" and Commissioner Fetzer (Seat #2) for one (1) individual to serve in the category of "Citizen At Large Representative" for two (2) year terms ending July 31, 2011. RECOMMENDATION Recommend appointment of three (3) At Large Representatives and one (1) Citizen At Large Representative to serve on the Kids and Cops Committee for two (2) year terms ending July 31, 2011. HIDS AND COPS 11/09 TERM REGULAR MEMBERS ORGANIZATION EXPIRES REPRESENTED 11 /30/2009 William J. Fay, Jr. (Principal) Banyan Creek Elem. Ratified 02/07/06 Reapptll/07/07 Ratified 12/11/07 Rea 10/09 11/30/2009 Yvonne Odom Carver NTiddle Ratifiedo2/o7/06 PBC School District Reapptll/07/07 Ratified 12/11/07 Rea 10/09 11/30/2009 Cheryl McKeever Crosspointe Elem. Unexp Appt 09/06/06 Ratified 11/17/06 Reapptll/07/07 Ratified 12/11/07 Rea 10/09 11 /30 /09 Regina Sablo Crosspointe E lem. Unexp Appt 09/03/08 Ratified 03/17/09 Rea 10/09 11 /30 /09 Rona Tata SD Spady E lementary Unexp Appt 09/03/08 Ratified 03/17/09 Reapptl0/09 11 /30/2009 Danielle Beardsley Parks and Recreation Ratified 02/07/06 Reapptll/07/07 Ratified 12/11/07 Rea 10/09 11 /30/2009 Jeffrey Messer, Chair Police Department Orig Appt 1997 Ratified 02/07/06 Reapptll/07/07 Ratified 12/11/07 Rea 10/09 11 /30 /2009 Edward Smith Police Department Ratified 02/07/06 Reapptll/07/07 Ratified 11/11/07 Rea 10/09 11 /30/2009 Jennifer Buce, Vice Chair At Large Representative o~ appt o~/97 Reappt02/07/06 Rea 12/11/07 11 /30/2009 Francis Moschette At Large Representative Reappt02/07/06 Reapptl2/11/07 11 /30/09 Phyllis Willingham At Large Representative Appt03/03/08 (partial term) 11/30/09 Sheila Bethel Pinegrove Elem. Unexp Appt 09/03/08 Ratified 03/17/09 Reapptl0/09 11 /30/09 Village Academy Vacant 11/30/09 Angelica Rotondo OrchardViewElem. Unexp Appt 09/03/08 Ratified 03/17/09 Reapptl0/09 11 /30 /2009 Cory Cassidy Citizen at Large Ratified o2/07/06 Representative Reapptl2/11/07 11/30/2009 Vilg~rinsLoussaint PhunosaElem. Unexp Appt 10/09 5/City Clerk/t5oard U9/Kids ;ops HIDS AND COPS COMMITTEE EXHIBIT "A" Annie Adkins-Roof (also serving on the Nuisance Abatement Board) Jennifer Buce (Incumbent) Cory Cassidy (Incumbent) Matthew Hartley (also serving on the Neighborhood Advisory Council) Ellen Major-Hanna MacArthur Jackson Officer Francis Moschette (Incumbent) Phyllis Willingham (Incumbent) MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: November 16, 2009 SUBJECT: AGENDA ITEM 9.E. -REGULAR COMMISSION MEETING OF NOVEMBER 17, 2009 RESOLUTION N0.61-09 ITEM BEFORE COMMISSION This item is before Commission to consider approval of Resolution No. 61-09 in order to show the City's support for saving the Tri-Rail. RECOMMENDATION Approve Resolution No. 61-09. RESOLUTION N0.61-09 A RESOLUTION OF THE CITY COMNffSSION OF THE CITY OF DELRAY PEACH, FLORIDA, IN ORDER TO SHOW THE CITY'S SUPPORT FOR SAVING THE TRI-RAIL; PROVIDING AN EFFECTIVE DATE. WHEREAS, Tri Rail provides passenger service for the residents of 1VTiami Dade, Prowarc~ and Palm Peach Counties who account for 30% of the population of the State of Florida; and WHEREAS, the population in Miami-Dade, Prowarc~ and Palm Peach Counties has increased 10% in ten years, while Tri-Rail ridership has increased 77%; and WHEREAS, Tri Rail is recognized as the spine of the Miami-Dade, Prowarc~ and Palm Peach Counties transit system, providing passenger commuter service from the Magonia Park Station (four miles north of West Palm Peach) to the 1VTiami International Airport Intermodal Center - a distance of 72 miles; and WHEREAS, Tri Rail connects to transit service to all three of Southeast Florida's International Airports, and WHEREAS, Tri-Rail riders have connecting service throughout 1VTiami Dade, Prowarc~ and Palm Peach Counties via the three counties bus systems and Metrorail to 1VTiami; and WHEREAS, Tri Rail provides passenger stations in the cities of West Palm Peach, Lake Worth, Poynton Peach, Delray Peach, Poca Ratory Deerfield Peach, Pompano Peach, Ft. Lauderdale, Hollyw~oc~ Opa Locka, and Hialeah; and WHEREAS, these cities future growth is dependent on transit oriented development around its Tri- Rail Station; and WHEREAS, two thousand businesses in Miami-Dade, Prowarc~ and Palm Peach Counties participate in the Tri-Rail Employee Discotmt Prograrry and WHEREAS, 75% of Tri Rail Riders are choice riders - i.e. they do not have to use Tri Rail, but choose to; and WHEREAS, almost every Tri Rail rider takes a motor vehicle off the road thereby, reducing traffic congestion, dependency on foreign oil, and pollutants in the air; and WHEREAS, Tri-Rail's success in reducing headways from 1 hour or more to 20 minutes in the busy morning and afternoon commuting hours has increased operating costs faster than passenger fares can offset; and WHEREAS, Tri Rail implemented a 25% across the board rider fare increase to offset increased operating expenses related to double tracking and increasing weekday service from 30 trains to 50 trains; and WHEREAS, Miami-Dade, Prowarc~ and Palm Peach Counties have been forced to reduce their voluntary extra subsidies to Tri Rail on account of declining property tax revenues; and WHEREAS, Tri Rail is in imminent danger of default; and WHEREAS, Tri Rail's default will severely disrupt transportation throughout 1VTiami Dade, Prowarc~ and Palm Peach Counties; and WHEREAS, Tri-Rail's failure will result in the elimination of transit access to more than 60,000 jobs within 1/2 mile of Tri Rail stations; and WHEREAS, Tri-Rail's failure will result in up to $26 billion in lost federal transit funding statewide; and WHEREAS, Tri-Rail's failure will result in the loss of more than $60 billion in local business sales statewide; and WHEREAS, the State of Florida will be held responsible for repaying a $256 million grant when Tri Rail defaults. NOW, THEREFORE, PE IT RESOLPED PY THE CITY COMMISSION OF THE CITY OF DELRAY PEACH, FLORIDA: Section 1. That the City Commission of the City of Delray Peach, Florida, now calls on Florida Governor Qzarlie Crist, State Senate President Jeff Atwater, State Speaker of the House Larry Cretin to call a special session and enact a $2 /day car rental surcharge. This surcharge should not apply to persons who own a motor vehicle that is in the shop for maintenance or repair. Section 2. This resolution shall take effect immediately upon its adoption PASSED AND ADOPTED in regular session on this the day of , 2009. MAYOR ATTEST: CITY CLERK 2 ORD. NO.61-09 ~-- ...~. ~ ~ ~'ll T II F ,, ,~~ ~ , AND ~' ~ E - ~~ ~ ' , ~. F~S~~ ~r~~n a TRI-RAIL PETITION TO OUR FLORIDA LEGISLATORS 2U1 ~ LEGISLATIVE SESSION Tri-Rail is a major component of mass transit in South Florida and should receive dedicated funding to operate. I urge Florida Legislators to: • Recognize the importance of commuter rail as a critical element of statewide mass transit. • Support a bill to provide fora $2 a day rental car surcharge that will apply throughout the state. Proceeds collected by a county should be distributed to the respective regional transportation authority for that county. The rental car surcharge should not apply to persons who own a motor vehicle that is in the shop for maintenance or repair. Signed: Name: Agency/Organization/Business: Position Held: Please return to either: Jim Smith SAFE Chairman & Co-Founder 1225 S. Ocean Blvd, #202 Delray Beach, FL 33483 jamesejimchar@aol.com 561-330-6798 [Phone & Fax] Dated: (please print) Tomas Boiton, Transportation Consultant Citizens for Improved Transit, Founder 1406 Flagler Blvd. Lake Park, FL 33403 tboiton@comcast.net 561-249-4181 [Office] 561-207-7763 [Fax] OR MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: November 4, 2009 SUBJECT: AGENDA ITEM 10.A. -REGULAR COMMISSION MEETING OF NOVEMBER 17, 2009 ORDINANCE N0.58-09 ITEM BEFORE COMMISSION This ordinance is before Commission for second reading to consider aprivately-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. BACKGROUND At the first reading on November 3, 2009, the Commission passed Ordinance No. 58-09. RECOMMENDATION Recommend approval of Ordinance No. 58-09 on second and final reading. Page 1 of 2 MEMORANDUM TO: Mayor and City Commissioners FROM: Jasmin Allen, Planner Paul Dorling, AICP, Director of Planning and Zoning THROUGH: City Manager DATE: October 27, 2009 SUBJECT: AGENDA ITEM 12.A. -REGULAR COMMISSION MEETING OF NOVEMBER 3, 2009 ORDINANCE NO. 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, http://www.mydelraybeach.com/AgendasBluesheet.aspx?ItemID=2762&MeetingID=223 11/4/2009 Page 2 of 2 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 http://www.mydelraybeach.com/AgendasBluesheet.aspx?ItemID=2762&MeetingID=223 11/4/2009 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 150 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 Zoning 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 further the objectives and policies of the Comprehensive Plan; and WHEREAS, the City Commission of the City of Delray Beach adopts the findings in the Planning and Zoning Staff Report; and WHEREAS, the City Commission of the City of Delray Beach finds the ordinance is consistent with the Comprehensive Plan; 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 classification of GC (General 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 point 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 Lot 38, a distance of 231.05 feet, more or less, to the West right-of--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, more 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 or less, to the point of beginning, said Tract being in Palm Beach County, Florida. Section 3. That the Planning and Zoning Director 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 City Clerk First Readi MAYOR ORD NO. 58-09 Second Reading ORD NO. 58-09 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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Federal Hwy MEMORANDUM TO: Mayor and City Commissioners FROM: Lula Butler, Director, Community Improvement THROUGH: David Harden, City Manager DATE: November 12, 2009 SUBJECT: AGENDA ITEM 10.B. -REGULAR COMMISSION MEETING OF NOVEMBER 17, 2009 AMENDMENT TO THE CDBG ANNUAL ACTION PLAN (FY 2007-2008 ITEM BEFORE COMMISSION Request to amend FY2007-2008 Annual Action Plan to include $70,000 toward funding Public Facilities and Improvements located within the CDBG target area. BACKGROUND The U.S. Department of Housing and Urban Development (HUD) requires that unused CDBG funds from prior years shall be considered as funds available for reallocation unless the appropriation under which the funds were provided to the Department has lapsed. The 07/08 Action Plan was approved by HUD on October 17, 2007 and included $596,076 for the third year of the City's 2005-2010 Five-Year Consolidated Plan. The Plan reflected the provision of housing rehabilitation funds in the amount of $266,956. Staff received approval from the Commission on March 17, 2009 allocating $100,000 from this line item into infrastructure. The proposed amendment will reallocate an additional $70,000 of unused funds toward Public Facilities and Improvements located within the CDBG target area. This will include but not be limited to the construction or installation of infrastructure improvements such as streets, curbs, water/sewer lines and/or sidewalks. This activity remains consistent with the City's Consolidated Plan priorities. Infrastructure improvements meet the Low-Moderate Income (LMI) Benefit National Objective since the activity will benefit all residents of an area where at least 51% of the residents are LMI. An advertisement regarding the reallocation of funds was published in the October 8, 2009 edition of The Palm Beach Post followed by a 30-day period in which written comments could be submitted. To date, no comments have been submitted. The amendment can be found on page 13 of the 07/08 Action Plan. FUNDING SOURCE Community Development Block Grant 118-1963-554-49.19 (FY07-08 Rollover funds) RECOMMENDATION Staff recommends approval to amend the FY2007-2008 Annual Action Plan to include $70,000 toward funding Public Facilities and Improvements located within the CDBG target area. yy /; ~ ~ ~~ Third Pro ram Year 9 ~~,~~rw~ Action Plan The CPMP Third Annual Action Plan includes the SF 424 and Narrative Responses to Action Plan questions that CDBG, HOME, HOPWA, and ESG grantees must respond to each year in order to be compliant with the Consolidated Planning Regulations. The Executive Summary narratives are optional. Narrative Responses Executive Summary The Executive Summary is required. Include the objectives and outcomes identified in the plan and an evaluation of past performance. Program Year 3 Action Plan Executive Summary: During the 2007-2008 program year, the City of Delray Beach will continue to implement its 2005-2010 Five-Year Consolidated Plan. CDBG program funds will be enhanced through leveraging State and Local resources as well as private mortgage funds. The City expects to receive $596,076 in CDBG funds for the 2007-2008 program year, $576,008 in State Housing Initiatives Partnership (SHIP) funds, $2,143,000 in DRI Program Funds and $149,000 in funding via revenue received from the repayment of an Urban Development Action Grant (UDAG) investment in support of our local Neighborhood Housing Program. 2007-2008 CDBG funds have been categorized into the following initiatives: Owner Occupied Housing Rehabilitation, Public Facilities and Infrastructure Improvements, Public Service (including funds in support of various social service activities as well as Fair Housing initiatives), Economic Development and Program Administration. General Questions 1. Describe the geographic areas of the jurisdiction (including areas of low income families and/or racial/minority concentration) in which assistance will be directed during the next year. Where appropriate, the jurisdiction should estimate the percentage of funds the jurisdiction plans to dedicate to target areas. 2. Describe the basis for allocating investments geographically within the jurisdiction (or within the EMSA for HOPWA) (91.215(a)(1)) during the next year and the rationale for assigning the priorities. 3. Describe actions that will take place during the next year to address obstacles to meeting underserved needs. Third Program Yea r Action Plan 1 Error! Not a valid link. Error! Not a valid link. 4. Identify the federal, state, and local resources expected to be made available to address the needs identified in the plan. Federal resources should include Section 8 funds made available to the jurisdiction, Low-Income Housing Tax Credits, and competitive McKinney-Vento Homeless Assistance Act funds expected to be available to address priority needs and specific objectives identified in the strategic plan. Program Year 3 Action Plan General Questions response: Activities and programs funded in the 2007-2008 Annual Action Plan focus on the area identified as the City of Delray Beach's CDBG target area which encompasses the residential core of the City. The boundaries of the CDBG target area extend from Lake Ida Road (north) to Linton Blvd. (south) and from Interstate 95 (west) to U.S. 1 (east). This area includes the downtown business district and twenty-eight residential neighborhoods. The majority of the City's minority and low- to moderate- income population is concentrated within the 728 acres that make up this residential core. The area contains approximately 2,224 dwelling units, including single-family, duplex, and multi-family units. A variety of affordable housing units have come on line within the designated target area over the past 10 years including two owner- occupied single family subdivisions, 175 new infill single family units, 20 workforce town homes and a small amount of affordable rental units. During the next program year, the City will gain an additional 23 affordable rental units which are currently under construction. The LaFrance Apartments will consist of 14 one bedroom units and is designed to accommodate low- to moderate-income senior citizens. 133 NW 5t" Avenue will comprise of 9one-bedroom units which will be made available to low- to moderate- income residents upon its completion projected to be December 2007. The activities that will be implemented in fiscal year 2007-2008 have been developed to address priority needs, strategies and objectives identified in the 2005-2010 Consolidated Plan. These priorities as stated in the five-year plan are to: 1 -Improve existing neighborhoods by constructing infill housing, renovate existing housing, and make infrastructure improvements; 2 -Eliminate conditions detrimental to health, safety, and welfare of citizens within the City; and 3 - Encourage private investment and economic growth within target area neighborhoods. In 2007-2008, the City of Delray Beach will continue providing funding for a variety of housing and community development projects and programs designed to meet the diverse needs of its citizens. On an on-going basis the City is involved with numerous initiatives and has forged successful partnerships with key agencies to provide a wide array of services to residents in need. In August, 2006 the City opened the Delray Beach Neighborhood Resource Center (NRC). The NRC's mission is to enrich the quality of life of City residents and promote a sense of community through the delivery and connection of services that educate, develop financial management skills, and promote productive lifestyles. During program year 2007- 2008 the NRC office space will continue to serve as home to agencies such as the Delray Beach Community Land Trust, United Way Prosperity Campaign, Families First, Coalition for Community Renewal (formerly Weed & Seed), CROS Ministries/ Caring Kitchen, as well as a 2 City funded positions including a Staff Assistant and Third Program Yea r Action Plan 2 Error! Not a valid link. Error! Not a valid link. Neighborhood Planner. The City will continue to utilize its unique network of homeowners associations to foster communication between the City and the neighborhoods at the resident level. In doing so the Community Improvement Department can gain important feedback and citizen input from the residents themselves and overcome obstacles as they present themselves. Managing the Process 1. Identify the lead agency, entity, and agencies responsible for administering programs covered by the consolidated plan. 2. Identify the significant aspects of the process by which the plan was developed, and the agencies, groups, organizations, and others who participated in the process. 3. Describe actions that will take place during the next year to enhance coordination between public and private housing, health, and social service agencies. Program Year 3 Action Plan Managing the Process response: The City of Delray Beach is an Entitlement City that receives funding from HUD through the Community Development Block Grant program. The City's Community Improvement Department/ Community Development Division is responsible for overseeing the development of the Consolidated Plan and for implementing the CDBG program. The City provides technical assistance to individuals, businesses, and sub-recipient agencies participating in the CDBG program and works with them in developing, coordinating and implementing programs to serve the needs of the community. In addition the City continues its effort to streamline services and avoid duplication, maximizing overall resources and results. Community Development Division staff developed the Year 3 Action Plan through analysis of demographic data, consultation with community groups and concerned citizens, meeting with individual contacts, consolation with public and private agencies, and discussions with other governmental agencies. Representatives of the following agencies either attended meetings or were contacted individually for input: The Delray Beach Housing Authority, The Delray Beach Community Redevelopment Agency, The Center for Technology, Enterprise and Development (TED Center), Achievement Centers for Children and Families, CROS Ministries/ Caring Kitchen, Homeless Coalition for Palm Beach County, Fair Housing Center of the Greater Palm Beaches, Urban League of Palm Beach County, United Way of Palm Beach County, Families First, Delray Beach Community Land Trust, Neighborhood Advisory Council, City of Delray Beach Planning and Zoning Department, and the Palm Beach County Department of Housing and Community Development. All 28 neighborhood association presidents from the CDBG target area were encouraged to attend meetings and participate in the Action Plan process. Information was extracted from the following sources: US Department of HUD, 2000 census, Palm Beach County Housing and Community Development Division, City of Delray Beach Local Housing Assistance Plan, and the Census and Survey of the Homeless Population in Palm Beach County, Florida. The City has formal partnerships in place with many of the partners listed above. Joint planning activities occur on an on-going basis to develop collaborative projects Third Program Yea r Action Plan Error! Not a valid link. Error! Not a valid link. and initiatives consistent with the community's objectives. The City provides direct funding for many of the programs and services provided by partner agencies and are directly involved in the monitoring and oversight of those programs and activities. The City has worked very closely with the Delray Beach Housing Authority, Community Redevelopment Agency and Delray Beach Community Land Trust to plan and put into action several affordable housing projects and initiatives. The City meets regularly with key members from these agencies, and has formed joint planning committees and task forces to develop specific plans to address the areas most pressing housing needs. Among the current initiatives being collaboratively planned and/or implemented area redevelopment plan for the City's own public housing complex, the Southwest Neighborhood Redevelopment Plan, the West Settlers Historic District Revitalization, the Downtown Master Plan, and the RACE initiative. Citizen Participation 1. Provide a summary of the citizen participation process. Z. Provide a summary of citizen comments or views on the plan. 3. Provide a summary of efforts made to broaden public participation in the development of the consolidated plan, including outreach to minorities and non- English speaking persons, as well as persons with disabilities. 4. Provide a written explanation of comments not accepted and the reasons why these comments were not accepted. *Please note that Citizen Comments and Responses may be included as additional files within the CPMP Tool. Program Year 3 Action Plan Citizen Participation response: The City of Delray Beach's City Commission delegates responsibility for the preparation of the Consolidated Plan to the Community Improvement Department/Community Development Division. The Community Development Division is responsible for administering the City's housing and neighborhood services programs and develops and manages most agreements with outside agencies and provides housing and social services to residents throughout the City. For the past several years the City has been engaged in vital planning initiatives with citizens, non-profit organizations, and other community stakeholders to improve housing, social services, economic development, and livability conditions throughout the City. Third Program Yea r Action Plan Error! Not a valid link. Error! Not a valid link. Particular emphasis has been placed on involving residents within the CDBG target area in the planning process of the Annual Action Plan. The City has worked very closely with neighborhood associations and other community organizations to ensure that the planning processes reflect the priorities of those most impacted. In addition, several grassroots planning bodies have been established to create opportunities for ongoing stakeholder involvement including: The West Atlantic Task Team (WATT) - a planning body consisting of representatives from all of the neighborhood associations and community organizations west of Atlantic Avenue; as well as the City Commission appointed 16 member Neighborhood Advisory Council (NAC). A Needs Assessment Meeting was held at the May 21, 2007 NAC board meeting. This allowed for public review of the plan and the opportunity to provide input. As required by HUD, a public hearing is to be held on July 17, 2007 to obtain citizen input for the Action Plan. In addition to advertising the public hearing with 10 days prior notice, neighborhood associations, public agencies and other interested parties were notified by letter of the date, time, and location of the public hearing. The City also adverstised that the plan was available fora 30 day public comment period from 6/07/07 - 7/10/07 at City of Delray Beach Community Development Division, Delray Beach Housing Authority and the Delray Beach Public Library. Institutional Structure 1. Describe actions that will take place during the next year to develop institutional structure. Program Year 3 Action Plan Institutional Structure response: The Year 3 Action Plan is to be carried out through a network of public, private, and non-profit organizations, many of which participated in the public participation process. The City's Community Improvement Department has been working with these agencies to construct affordable housing, improve neighborhoods, and establish services for all segments of the City's population. Measurable strengths of the delivery system of housing and community development programs include the number of lenders and financial institutions participating in the Community Land Trust/ Purchase Assistance Program, as well as the number of foundations and non- profit agencies in the community actively participating in a variety of activities benefiting the community. The City works very closely with the Delray Beach Housing Authority (DBHA) which currently manages the City's section-8 program. The DBHA is a public housing authority separately chartered under State law responsible to a Board of Directors. The City of Delray Beach City Commission appoints the seven-member Board of Directors for the DBHA. The DBHA Board hires its own executive director, who is responsible for hiring, contracting and procurement, provision of services, review of proposed development sites, and comprehensive planning of the public housing authority. The DBHA submits a Public Housing Agency Plan which details the housing authority's plans for the next five years and their priorities (incorporated in this plan by reference). Over the years the City Commission has supported the DBHA by providing funds for infrastructure improvements within the DBHA complex and providing funds to assist with the acquisition of property adjacent to the DBHA property for future expansion. Third Program Yea r Action Plan 5 Error! Not a valid link. Error! Not a valid link. Construction or demolition projects initiated by the DBHA are subject to the City's permitting and inspection process. One of the strengths of the DHBA is the longevity of its administrative personnel. The Executive Director (formerly the Community Development Administrator for the City) has held that position for more than 10 years. This provides program continuity and stability. The largest gap for the DHBA is the need for additional affordable housing due to the loss of 198 units when the Housing Authority's only public housing facility was severely damaged by Hurricane Wilma on October 24, 2005. On October 27, 2005, the City of Delray Beach declared the units uninhabitable due to extreme structural damage caused by the hurricane. Consequently, the units remained vacant with issues of safety, community health and unsightliness blight upon the neighborhood. In order to address this pressing issue, The City applied on behalf of the DBHA for funds from the Department of Community Affairs, Disaster Recovery Initiative 2005. In doing so, the City secured $900,000 in funding to demolish the obsolete public housing complex known as Carver Estates. Plans are underway to build a diversity of housing choices for a mix of incomes, with a strong base of affordable housing units on a combined 50 acre site. The acres owned by the DBHA will consist of 264 attainable rental units under Florida Tax Credit Program. It is anticipated that the project will be built out by the end of 2008. A joint planning committee consisting of the Directors of the Community Improvement and Planning & Zoning Departments, the Executive Director of the Community Redevelopment Agency, the Executive Director and Economic Development Coordinator of the Delray Beach Housing Authority along with their contracted consultant and the selected developer, Auburn Group. This committee meets monthly to review the proposed project site plan, define roles of each partner and challenges associated with meeting all of the Land Development requirements while trying to achieve the desired number of affordable and workforce housing units. Monitoring Describe actions that will take place during the next year to monitor its housing and community development projects and ensure long-term compliance with program requirements and comprehensive planning requirements. Program Year 3 Action Plan Monitoring response: During the 2007-08 program year, the City of Delray Beach will conduct random on- site monitoring visits to selected housing rehabilitation projects from the past 12-18 months. Additionally, the Division conducts on site visits to each public service sub- recipient every other year to ensure compliance with all federal regulations and City policies. In addition, all documentation pertaining to subrecipient activities and monitoring is retained at the Community Development Division. Files include site visit reporting, before and after condition assesments and evaluations of measurable results. Lead-based Paint Third Program Yea r Action Plan 6 Error! Not a valid link. Error! Not a valid link. Describe the actions that will take place during the next year to evaluate and reduce the number of housing units containing lead-based paint hazards in order to increase the inventory of lead-safe housing available to extremely low-income, low-income, and moderate-income families, and how the plan for the reduction of lead-based hazards is related to the extent of lead poisoning and hazards. Program Year 3 Action Plan Lead-based Paint response: The City will continue to implement its housing related activities in a manner which assesses lead-based paint risk throughout the target area. When providing assistance under housing programs, the City consistently provides all clients and potential clients with the "Lead-Based Paint" pamphlet that describes hazards of lead-based paint. The City will continue to utilize the services of a certified lead- based paint professional to conduct lead inspections and risk assessments. The City requires contractors who participate in the Housing Rehabilitation Program to conduct all work in a manner conducive with lead safe work practices. Specific Housing Objectives *Please also refer to the Housing Needs Table in the Needs.xls workbook. 1. Describe the priorities and specific objectives the jurisdiction hopes to achieve during the next year. Z. Describe how Federal, State, and local public and private sector resources that are reasonably expected to be available will be used to address identified needs for the period covered by this Action Plan. Program Year 3 Action Plan Specific Objectives response: The City's primary focus over the next year will continue to be the development and maintenance of affordable housing within the jurisdiction. The City plans to accomplish approximately 16 substantial housing rehabilitation projects, at least 8 of which will be committed to homeowners at or below 50% of the area median income. In addition the City plans to complete improvements to at least 3 homes within the historic Westsettler's District with the use of CRA funds. A combination of CDBG, DRI and SHIP funds will be used to fund the City's housing objectives. At least 10 new homeownership opportunities will be provided for low- to moderate-income households under our sub-recipient partnership/purchase assistance program. The renovation of the historic LaFrance Hotel, located in the West Settler's Historic District, will provide 14 affordable rental units for low- to moderate-income seniors. The renovation of 133 NW 5t" Avnue will provide 9 affordable rental units for low- to moderate-income individuals. SHIP(HHRP) funds have been utilized to fund these objectives. Third Program Yea r Action Plan 7 Error! Not a valid link. Error! Not a valid link. Federal, state and local resources will be utilized to provide direct assistance to eligible households, as well as to leverage private investment in the area. The City expects to receive $596,067 in CDBG funds for the 07-08 program year, $576,008 in State Housing Initiatives Partnership (SHIP) funds, and $149,000 in funding assistance via revenue received from the repayment of an Urban Development Action Grant (UDAG) investment in support of our local Neighborhood Housing Program. The City also expects to receive $2,143,000 over the next two years in 2005 Disaster Recovery Initiative (DRI) funds from the State of Florida Department of Community Affairs. More specifically, $900,000 of these funds will be utilized towards the Demolition of Carver Estates project, $990,500 in funds will be utilized towards a CDBG target area Rehabilitation and Hardening Program and $252,500 will be utilized to extend the paving of SW 7t" Avenue and Mango Drive for the purpose of creating access to lots owned by the Community Land Trust for the construction of additional in-fill affordable housing. All of the City's housing programs are available to eligible very low-, low-, and moderate-income families and households. Needs of Public Housing 1. Describe the manner in which the plan of the jurisdiction will help address the needs of public housing and activities it will undertake during the next year to encourage public housing residents to become more involved in management and participate in homeownership. 2. If the public housing agency is designated as "troubled" by HUD or otherwise is performing poorly, the jurisdiction shall describe the manner in which it will provide financial or other assistance in improving its operations to remove such designation during the next year. Program Year 3 Action Plan Public Housing Strategy response: In July of 2006, Community Development Staff applied on behalf of the Delray Beach Housing Authority through Palm Beach County Housing and Community Development for funds to assist in disaster relief, long term recovery, restoration of housing and infrastructure funding under the 2005 Department of Community Affairs Disaster Recovery Initiative (DRI). Under this initiative the City was granted $900,000 in funding to demolish 200 units within Carver Estates as well as the administrative buildings/offices of the Delray Beach Housing Authority. Funds have been received and demolition is expected to take place by the end of the 2006-2007 fiscal year. Once the Carver Estates site has been cleared plans are underway to build amixed- finance, mixed-income community which will include both rental and for-sale housing on 18 acres. It is anticipated that the project will be built out by the end of 2008. Eligible families will be provided assistance through the United Ways IDA Savings Program and have been invited to join in the United Way of Palm Beach County's Prosperity Campaign which includes elements such as credit counseling, educational opportunities and assistance with all aspects of the homeownership process. Many Third Program Yea r Action Plan $ Error! Not a valid link. Error! Not a valid link. of these activities will be facilitated through the City's Neighborhood Resource Center. Barriers to Affordable Housing 1. Describe the actions that will take place during the next year to remove barriers to affordable housing. Program Year 3 Action Plan Barriers to Affordable Housing response: Eliminating barriers to affordability has been the primary objective of the Community Land Trust program since its inception in 2006. In July of that year the City transitioned its First Time Homebuyer Program, which provided traditional down payment assistance, into aSub-recipient Partnership Program with the Community Land Trust (CLT) for the purpose of creating affordable homeownership opportunities. Under the Sub-recipient Housing Partnership Program, subsidy is awarded (based on occupants income eligibility) to the CLT to be applied towards the principal reduction of construction costs of CLT units. This strategy enhances each unit's affordability by keeping the subsidy joined to the unit as opposed to the occupant. Buying down the cost of each unit reduces the sales price for the occupant and enhances the unit's affordability in perpetuity. During the 07-08 program year SHIP funds will be utilized for this purpose. The City currently utilizes its Workforce Housing Ordinance in an effort to create additional affordable and workforce housing throughout the City. The ordinances relax some regulatory (zoning) restrictions in designated areas, allowing increased density in exchange for affordable housing units. The City expanded the program in 2007 to include additional RM zoned areas throughout the City. HOME/ American Dream Down payment Initiative (ADDI) 1. Describe other forms of investment not described in § 92.205(b). 2. If the participating jurisdiction (PJ) will use HOME or ADDI funds for homebuyers, it must state the guidelines for resale or recapture, as required in § 92.254 of the HOME rule. 3. If the PJ will use HOME funds to refinance existing debt secured by multifamily housing that is that is being rehabilitated with HOME funds, it must state its refinancing guidelines required under § 92.206(b). The guidelines shall describe the conditions under which the PJ will refinance existing debt. At a minimum these guidelines must: a. Demonstrate that rehabilitation is the primary eligible activity and ensure that this requirement is met by establishing a minimum level of rehabilitation per unit or a required ratio between rehabilitation and refinancing. b. Require a review of management practices to demonstrate that disinvestments in the property has not occurred; that the long-term needs of the project can be met; and that the feasibility of serving the targeted population over an extended affordability period can be demonstrated. c. State whether the new investment is being made to maintain current affordable units, create additional affordable units, or both. Third Program Yea r Action Plan 9 Error! Not a valid link. Error! Not a valid link. d. Specify the required period of affordability, whether it is the minimum 15 years or longer. e. Specify whether the investment of HOME funds may be jurisdiction-wide or limited to a specific geographic area, such as a neighborhood identified in a neighborhood revitalization strategy under 24 CFR 91.215(e)(2) or a Federally designated Empowerment Zone or Enterprise Community. f. State that HOME funds cannot be used to refinance multifamily loans made or insured by any federal program, including CDBG. 4. If the PJ is going to receive American Dream Down payment Initiative (ADDI) funds, please complete the following narratives: a. Describe the planned use of the ADDI funds. b. Describe the PJ's plan for conducting targeted outreach to residents and tenants of public housing and manufactured housing and to other families assisted by public housing agencies, for the purposes of ensuring that the ADDI funds are used to provide down payment assistance for such residents, tenants, and families. c. Describe the actions to be taken to ensure the suitability of families receiving ADDI funds to undertake and maintain homeownership, such as provision of housing counseling to homebuyers. Program Year 3 Action Plan HOME/ADDI response: The City of Delray Beach does not receive HOME/ADDI funds. Specific Homeless Prevention Elements *Please also refer to the Homeless Needs Table in the Needs.xls workbook. Sources of Funds-Identify the private and public resources that the jurisdiction expects to receive during the next year to address homeless needs and to prevent homelessness. These include the McKinney-Vento Homeless Assistance Act programs, other special federal, state and local and private funds targeted to homeless individuals and families with children, especially the chronically homeless, the HUD formula programs, and any publicly-owned land or property. Please describe, briefly, the jurisdiction's plan for the investment and use of funds directed toward homelessness. 2. Homelessness-In a narrative, describe how the action plan will address the specific objectives of the Strategic Plan and, ultimately, the priority needs identified. Please also identify potential obstacles to completing these action steps. 3. Chronic homelessness-The jurisdiction must describe the specific planned action steps it will take over the next year aimed at eliminating chronic homelessness by 2012. Again, please identify barriers to achieving this. 4. Homelessness Prevention-The jurisdiction must describe its planned action steps over the next year to address the individual and families with children at imminent risk of becoming homeless. Third Program Yea r Action Plan 10 Error! Not a valid link. Error! Not a valid link. 5. Discharge Coordination Policy-Explain planned activities to implement a cohesive, community-wide Discharge Coordination Policy, and how, in the coming year, the community will move toward such a policy. Program Year 3 Action Plan Special Needs response: The Palm Beach County Continuum of Care is the countywide strategy (inclusive of Delray Beach) for meeting the needs of individuals and families who are homeless or at risk of becoming homeless. The Homeless Coalition of Palm Beach County is responsible for developing the Continuum of Care strategy based on information provided by the Continuum of Care Planning Committee. The Homeless Coalition of Palm Beach County's Board of Directors is a community-based Board with representatives from government, business, formerly homeless individuals, law enforcement, banking, housing, service providers, faith groups, education, veterans and health care. The Homeless Coalition oversees and coordinates the Continuum of Care Planning Committee and all its sub-committees. The Coalition collaborates with community task forces to make sure crucial data is included in the Continuum planning process. The Continuum of Care planning occurs through an inclusive process consisting of the Continuum of Care Planning Committee and the following subcommittees: the Bed and Gaps Committee, the HMIS (technology) Steering Committee, the Standards of Care Committee, the Mainstream Resources Committee, the Glades Homeless Committee, the Service Provider Network, the Emergency Shelter Grant Program Board (ESG), Consolidated Plan Committee, Discharge Planning Committee and Family Empowerment Committee (FEC). The Continuum of Care system begins with the Homeless Management Information System or HMIS, which includes a telephone hotline as well as a countywide computer database accessible to all service providers. The hotline is operated by the Center for Information & Crisis Services, which also refers to HMIS as CMIS (Client Management Information System). A countywide one day "point-in-time" count was conducted by the Homeless Coalition in January 2005. The report showed 54 unsheltered homeless individuals in Delray Beach, or 13% of the total counted in the County (Source: Palm Beach County Homeless Continuum of Care Point-in-Time Homeless County, January 26, 2005 Noon to January 27, 2005 Noon). C.R.O.S. Ministries, which operates the Caring Kitchen, a hot meal program, located in the City's CDBG target area, reported serving an estimated 500 homeless persons, primarily male individuals, in 2006. The data on meals served is not recorded as unduplicated individuals; i.e., the same individual may be served on multiple days and be counted once for each meal. Of the estimated 500 homeless, the Center Director indicated that approximately 5 or 6 male individuals show up repeatedly on a weekly basis to receive a hot meal. The food pantry in Delray Beach, also operated by C.R.O.S. Ministries, provides groceries for homeless and low-income while they are pending food stamps or in other crises. Of the total 6,832 persons who received service in 2006, an estimated 5% were homeless. Third Program Yea r Action Plan 11 Error! Not a valid link. Error! Not a valid link. An interview with two Delray Beach Police Officers revealed that no homeless persons are observed on the streets of Delray Beach. Occasionally, they will find homeless persons living in the woods outside the City limits and will refer them to appropriate agencies. In addition, they indicated that because the hot meal program is open to anyone who walks in, the homeless population from surrounding municipalities come to Delray Beach for the hot meal and then leave because there are no overnight shelter facilities in Delray Beach. Based on both the point-in-time count and the information cited above, it is estimated that on a given day there are an average of 59-60 homeless persons present in the city limits of Delray Beach, all of them adult males. One shelter for abused spouses, AVDA (Aid to Victims of Domestic Abuse), operates in Delray Beach. According to AVDA's records 12 persons from Delray Beach took shelter at their facility, five of whom were children. Detailed demographic data on the homeless subpopulation is not available for Delray Beach, or on the extent of homelessness by racial or ethnic group. Emergency Shelter Grants (ESG) (States only) Describe the process for awarding grants to State recipients, and a description of how the allocation will be made available to units of local government. Program Year 3 Action Plan ESG response: Not Applicable Community Development *Please also refer to the Community Development Table in the Needs.xls workbook. 1. Identify the jurisdiction's priority non-housing community development needs eligible for assistance by CDBG eligibility category specified in the Community Development Needs Table (formerly Table 2B), public facilities, public improvements, public services and economic development. 2. Identify specific long-term and short-term community development objectives (including economic development activities that create jobs), developed in accordance with the statutory goals described in section 24 CFR 91.1 and the primary objective of the CDBG program to provide decent housing and a suitable living environment and expand economic opportunities, principally for low- and moderate-income persons. *Note: Each specific objective developed to address a priority need, must be identified by number and contain proposed accomplishments, the time period (i.e., one, two, three, or more years), and annual program year numeric goals the jurisdiction hopes to achieve in quantitative terms, or in other measurable terms as identified and defined by the jurisdiction. Third Program Yea r Action Plan 12 Error! Not a valid link. Error! Not a valid link. Program Year 3 Action Plan Community Development response: The City of Delray Beach's priority needs objectives are as follows: Amount of Priority Need Objective Activity Proposed Funds CD Objective 1: Utilize CDBG funds TBD to provide businesses located in, or will be located, within the established CDBG target area for $25,000 any activity where the assistance is appropriate to carry out an economic development project. CD Objective 2: Public Service Varied Activit Total $89,410 CD Objective 3: Funds are Administration provided for the overall administration of the CDBG $114,710 program and Community Develo ment Division CD Objective 4: Utilize CDBG funds Southwest Area to install sidewalks within the Redevelopment Plan southwest neighborhood as part of the southwest area redevelopment plan. $170,000 Housing Objective 1: Conserve the Single Family Owner-Occupied existin affordable housin stock Housin Rehabilitation $ 96,956 Total Allocation; $596,076 Specific long-term and short-term objectives the City has identified for the next five- years are as follows: • Utilize the newly remodeled Neighborhood Resource Center (located at 141 & 145 SW 1Zt" Avenue) to provide awide-range of services and resources for individuals, families and neighborhood organizations. • Provide homeownership opportunities through the City's first-time homebuyer's program in partnership with the Community Land Trust (CLT). • Provide tenant/landlord counseling and mediation services utilizing the City's Landlord Inspector position. • Provide a wide range of educational, cultural, and recreational services to youth through support of the public service programs. • Preserve the existing stock of affordable housing units by Providing housing assistance to low- to moderate-income households through the City's housing rehabilitation program. • Utilize enhanced Code Enforcement initiatives incorporating personal contact, streamlined Code Enforcement Board process and educational campaign to eliminate nuisiances and blighted conditions affecting the quality of life in the CDBG target area. • Implement a comprehensive Litter-Prevention initiative, promote the use of Neighborhood Pride Grants and other self help projects designed to assist in the Commission's goal of achieving a "Clean City." Third Program Yea r Action Plan 1 Error! Not a valid link. Error! Not a valid link. Antipoverty Strategy 1. Describe the actions that will take place during the next year to reduce the number of poverty level families. Program Year 3 Action Plan Antipoverty Strategy response: The goals, objectives and actions outlined in this 2005-2010 Consolidated Plan and in this 2007-2008 Action Plan are intended, in all cases, to assist those currently living in poverty by providing them with resources to move out of poverty, or to assist those in danger of moving into poverty to remain out of poverty. The City's holistic approach to community development provides various programming efforts and initiatives aimed at reducing the number of poverty level families. Various partnerships with area social service and housing provider agencies greatly increase the effectiveness and efficiency of our commitment. The Florida Housing Finance Corporation approved the 2007-10 Local Housing Assistance Plan (CHAP) prepared by the City's Community Development Division. The CHAP includes local housing assistance strategies for utilizing SHIP funds, and local housing incentive strategies for affordable housing development. The City is unable to assess the extent to which its current housing policies and programs might assist in reducing the number of households with incomes below the poverty level. The Delray Beach Housing Authority's Family Self-Sufficiency (FSS) Program serves as an anti-poverty tool. The program provides a holistic approach to service delivery that includes homeownership, adult education, vocational training, social and economic counseling, employment counseling and placement, medical screenings, and transportation assistance. Afamily-centered approach is utilized as well, so that the needs of each family are addressed. To date the program has assisted over 20 families in obtaining homeownership. In addition, the DBHA applies for Section 8 rental assistance whenever HUD makes funds available. Both the City and the DBHA follow HUD guidelines pertaining to Section 3, which require contractors working on projects funded with HUD dollars to be diligent in attempting to hire low-income persons. This has the potential of reducing poverty. The City is the fiscal agent fora $769,009 grant from Children's Service Council, we partner with two non-profit partners, Achievement Center for Children and Families and Families First to carry out approved services. This grant facilitates services provided by the Beacon Center at Village Academy Elementary School, a public deregulated neighborhood school located within the CDBG target. Beacon Centers, which targets low income residents, are partnerships between the local government, schools, community-based organizations and community leaders. Beacons provide academic, social, recreational and culture actititivies for both the child and family to create supports leading to optimal development of the child, healthy family functioning and building the capacity of the neighborhood in which it sits. Third Program Yea r Action Plan 1 Error! Not a valid link. Error! Not a valid link. Non-homeless Special Needs (91.220 (c) and (e)) *Please also refer to the Non-homeless Special Needs Table in the Needs.xls workbook. 1. Describe the priorities and specific objectives the jurisdiction hopes to achieve for the period covered by the Action Plan. Z. Describe how Federal, State, and local public and private sector resources that are reasonably expected to be available will be used to address identified needs for the period covered by this Action Plan. Program Year 3 Action Plan Specific Objectives response: Although the City will use relatively few, if any Consolidated Plan resources to meet the needs of the Special Needs population during the next year, through its holistic approach to community development the City hopes to meet some of those needs. Through its partnership with the Delray Beach Community Land Trust, the City will continue to provide increased housing opportunities for public assistance families to purchase their first home which meet ADA requirements, accessibility for the disabled will continue to be addresses as a component of the City's housing rehabilitation program, funding provided to small businesses for economic development activities will require job creation for low-income persons, and the City will continue to provide funding to nonprofit and social service agencies for programs that benefit special needs residents. Funding to support the goals listed above will come from a variety of sources, including the City's CDBG allocation. Housing Opportunities for People with AIDS *Please also refer to the HOPWA Table in the Needs.xls workbook. 1. Provide a Brief description of the organization, the area of service, the name of the program contacts, and a broad overview of the range/ type of housing activities to be done during the next year. Z. Report on the actions taken during the year that addressed the special needs of persons who are not homeless but require supportive housing, and assistance for persons who are homeless. 3. Evaluate the progress in meeting its specific objective of providing affordable housing, including a comparison of actual outputs and outcomes to proposed goals and progress made on the other planned actions indicated in the strategic and action plans. The evaluation can address any related program adjustments or future plans. 4. Report on annual HOPWA output goals for the number of households assisted during the year in: (1) short-term rent, mortgage and utility payments to avoid homelessness; (2) rental assistance programs; and (3) in housing facilities, such as community residences and SRO dwellings, where funds are used to develop and/or operate these facilities. Include any assessment of client outcomes for achieving housing stability, reduced risks of homelessness and improved access to care. Third Program Yea r Action Plan 15 Error! Not a valid link. Error! Not a valid link. 5. Report on the use of committed leveraging from other public and private resources that helped to address needs identified in the plan. 6. Provide an analysis of the extent to which HOPWA funds were distributed among different categories of housing needs consistent with the geographic distribution plans identified in its approved Consolidated Plan. 7. Describe any barriers (including non-regulatory) encountered, actions in response to barriers, and recommendations for program improvement. 8. Please describe the expected trends facing the community in meeting the needs of persons living with HIV/AIDS and provide additional information regarding the administration of services to people with HIV/AIDS. 9. Please note any evaluations, studies or other assessments that will be conducted on the local HOPWA program during the next year. Program Year 3 Action Plan HOPWA response: Not Applicable Specific HOPWA Objectives Describe how Federal, State, and local public and private sector resources that are reasonably expected to be available will be used to address identified needs for the period covered by the Action Plan. Program Year 3 Specific HOPWA Objectives response: Not Applicable Include any Action Plan information that was not covered by a narrative in any other section. T~h i rd Program Yea r Action Plan 16 Error! Not a valid link. MEMORANDUM TO: Mayor and City Commissioners FROM: PAUL DORLING, AICP, DIRECTOR PLANNING AND ZONING MARK MCDONNELL, AICP, ASST. DIRECTOR PLANNING AND ZONING THROUGH: CITY MANAGER DATE: November 12, 2009 SUBJECT: AGENDA ITEM 12.A. -REGULAR COMMISSION MEETING OF NOVEMBER 17, 2009 ORDINANCE NO.59-09 ITEM BEFORE COMMISSION Consideration of aCRA-initiated amendment that will modify the CRA's Community Redevelopment Plan. BACKGROUND The proposed ordinance that amends the Community Redevelopment Plan includes the following changes. For specific information and details of the proposed changes, please refer to the attached Plan. Changes to Part IV, The Redevelopment Program, to: A. Update information on current plans, programs and project descriptions including: • West Atlantic Redevelopment Plan (Section 1.1) . Downtown Master Plan (Section 1.2) • Southwest Neighborhood Plan (Section 1.3) . Osceola Park (Section LS) • Carver Estates Redevelopment (Section 2.7) B. Update programs in which the CRA's role has been substantially completed: South County Courthouse Expansion / Delray Public Library (Section 2.4) -the majority of this combined project has been transferred to Appendix C "Completed Projects". The CRA's role in this project was largely completed with the completed expansion of the Courthouse in 2009. This section has also been revised to provide for future CRA participation in the potential expansion of the courthouse parking garage. C. Explanation of new programs: Economic Development Incentives for Job Creation (Section 3.12) -providing general guidelines for incentives that can be used to facilitate job creation by attracting businesses to occupy existing office space and/or constructing new office space in the downtown. Arts Based Economic Development Program (Section 3.13) -providing general guidelines for the CRA to support the development of arts-related uses and arts programs as outlined in the City's cultural plan. Changes to Part V to update all Projections of revenues and expenses for the next 5-year Period (Table 5.1~ Update of all maps to reflect current conditions and needs. Since the amended Plan does not include any projects or programs which require revisions to the Comprehensive Plan or the Future Land Use Map, it remains consistent with both. While many of the projects included in the Community Redevelopment Plan involve staff or financial participation by the City, applicable policies are already included within the Comprehensive Plan for City participation in these programs. Given the above, a positive finding can be made with respect to consistency with the Goals, Objectives and Policies of the Comprehensive Plan. REVIEW BY OTHERS The Pinea~le Grove Main Street Executive Board reviewed the amendments at its November 4, 2009 meeting and unanimously recommended approval. The Downtown Develo~~nent Authorit~(DDA~ reviewed the amendments at its November 9, 2009 meeting and unanimously recommended approval, with the condition that DDA be mentioned in the section of the West Atlantic Avenue Redevelopment Plan under Project Participants and Administration (these references have been added to the amendment before the Commission). The West Atlantic Redevelo~~nent Coalition (WARC~ reviewed the amendments at its November 11, 2009 meeting and recommended approval. The text amendment will be considered by the Planning and Zoning Board on November 16, 2009 and their recommendation will be reported to the City Commission. RECOMMENDATION Recommend approval on first reading of Ordinance No. 59-09 for a CRA-initiated amendment to the Community Redevelopment Plan, by adopting the findings of fact and law contained in the staff report, finding that it is consistent with the Comprehensive Plan, and that it is consistent with F.S. 163.360. ORDINANCE N0.59-09 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY PEACH, FLORIDA, MODIFYING THE CONIlVILJNITY REDEVELOPMENT PLAN FOR THE CITY OF DELRAY PEACH; FINDING THAT THE MODIFICATIONS CONFORM TO THE COl~MJNITY REDEVELOPMENT ACT OF 1969, AS AMENDED; FINDING THAT THE MODIFICATIONS ARE CONSISTENT WITH THE CITY OF DELRAY PEACI~S COMPREHENSIVE PLAN, AND MAKING FURTHER FINDINGS PURSUANT TO THE APPLICAPLE REQUIREMENTS OF FLORIDA STATUTE 163.360; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE AND AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Delray Peach, Florida, by Ordinance No. 46- 85, adopted June 18, 1985, did create a Community Redevelopment Agency as provided in Florida Statutes Section 163.356; and WHEREAS, on December 23, 1986, the Poard of County Commissioners of Palm Peach County passed and adopted Resolution No. R-86-2003 delegating the exercise of the powers conferred upon the County by Chapter 163, Part 3, Florida Statutes, within the boundaries of the City of Delray Peach to the governing body of the City of Delray Peach completely and without limitation; and WHEREAS, the City Commission of the City of Delray Peach, Florida, has heretofore approved a Community Redevelopment Plan on September 9, 1986, by Resolution No. 49-86 as subsequently amended on November 24, 1987, by Resolution No. 47-87, and as further ratified and arr~ended on February 14, 1989, by Resolution No. 6-89, and as further ratified and amended on September 25, 1990, by Resolution No. 86-90; and as further ratified and amended on April 9, 1991, by Resolution No. 28-91; and as further ratified and amended on November 26, 1991, by Resolution No. 93-91; and as further ratified and amended on May 26, 1992, by Ordinance No. 17-92; and as further ratified and amended on December 1, 1992, by Ordinance No. 60-92; and as further ratified and amended on February 22, 1994, by Ordinance No. 5-94; and as further ratified and amended on September 5, 1995, by Ordinance No. 48-95; and as further ratified and amended on March 5, 1996, by Ordinance No. 8-96; and as further ratified and amended on February 3,1998 by Ordinance No. 2-98 and Resolution No. 11-98; as further ratified and amended on November 7, 2000 by Resolution No. 94-00; and as further ratified and amended on May 15, 2001 by Ordinance 33-01; and as further ratified and amended on January 18, 2005 by Ordinance 1-05; and as further ratified and amended on March 18, 2008 by Ordinance 11-08; and as further ratified and amended on November 18, 2008 by Ordinance 53-08; and WHEREAS, the Community Redevelopment Agency of the City of Delray Peach, Florida, hereinafter referred to as the "CRA",has heretofore adopted a Community Redevelopment Plan; and WHEREAS, the CRA is desirous of modifying said Plan to account for certain changes which have occurred since the last amendment of the Plary to account for modification or completion of project components, and to provide for the addition of new programs to the Plary and WHEREAS, the CRA of the City of Delray Peach has recommended to the City Commission of the City of Delray Peach, Florida, that the Community Redevelopment Plan be modifiec>, amended and ratified in the foml attached hereto as Exhibit "A"; and WHEREAS, the City Commission of the City of Delray Peach, Florida, finds that the modifications conform to the Community Redevelopment Act of 1969, as amended; and WHEREAS, the City Commission of the City of Delray Peach, Florida, finds that the modifications are consistent with the City of Delray Peach's Comprehensive Plan; and WHEREAS, the City Commission of the City of Delray Peach, Florida, finds that the modifications meet the applicable requirements of Section 163.360, Florida Statutes; and WHEREAS, the City Commission shall hold a public hearing on said modifications to the Plan, after public notice is given in conformance with the requirements of Chapter 163, Part 3, Florida Statutes. NOW, THEREFORE, PE IT ORDAINED PY THE CITY COMNffSSION OF THE CITY OF DELRAY PEACH, FLORIDA, AS FOLLOWS: Section 1. That the preamble stated above is hereby incorporated by reference hereiry as findings of fact upon which this ordinance is based Section 2. That the Community Redevelopment Plan for the City of Delray Peach be, and the same is hereby modified, amended and ratified in the form attached hereto as Exhibit "A" and made a part hereof. Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed Section 4. That if any section, subsection, paragraph, sentence or word or other provision of this ordinance, or any portion thereof, or its application to any person or circumstance, be declared by a court of competent jurisdiction to be invalid or unconstitutional, such decision shall not affect the validity of any other section, subsectiony paragraph, sentence or word or provision or its application to other persons or circumstances and shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid final reading. Section 5. That this ordinance shall become effective immediately upon passage on second and 2 ORD. NO. 59-09 PASSED AND ADOPTED in regular session on second and final reading on this the day of , 200 ATTEST: MAYOR City Clerk First Reading Second Reading 3 ORD. NO. 59-09 ,~~/~1 VRA ol;~a~y gl:~c~ C06~6~UH1TY AEOEYELOP~eEHT pGEFfCY November 9, 2009 City of Delray Beach 100 Northwest I S{ Avenue Delray Beach, Florida 33444 RE: Delray Beach Community Redevelol}mein Plan Amendment To Wham Tt May Concern: ~~~~o~~[ NOV 12 2009 CITY COMMISSION Pursuant to Florida Statutes Chapter 163.346, this notice is provided to inform you that the Delray Beach Community Redevelopment Agency (CRA) is processing an amendment to its Community Redevelopment Plan. Per the statute, the CRA is required to notify all taxing authorities which levy ad valorem taxes on property contained within the CRA district of this action. The Delray Beach Community Redevelopment Plan was originally adopted in 1986 and has been amended numerous times since. The last amendment was adopted by the City Commission in November 18, 2008. The current amendment (which is the subject of this notice) is intended to revise a few sections relating to CRA projects in addition to adding a section on economic development. The Plan amendment will be considered by the Delray Beach City Commission at its meeting of December 1, 2009, at which time a public hearing will be held. The meeting will take place at the City Commission Chambers in City Hall, 100 NW ls' Avenue, Delray Beach, at 6:00 p.m. A copy of the proposed amended plan can be viewed on the CRA's web site at www.delra cra.or , If you have any questions regarding this matter please don't hesitate to contact me at (561) 276- 8640. Si ~erely, ``~ ,, (~ Diane Colonna - Executive Director A. GROUP 1: AREAWIDE AND NEIGHBORHOOD PLANS # 1.1: West Atlantic Avenue Redevelopment Plan (For associated maps, see Appendix "D" Maps A.1 through A. 6) Background The West Atlantic Avenue Redevelopment Area extends along the West Atlantic Avenue Corridor, between NW and SW 1st Streets. Due to its location and land use pattern, this area has considerable potential for mixed-use development. A redevelopment strategy for the area was initially presented to the public in 1988, which outlined substantial demolition and would have required the relocation of a large number of displaced residents and businesses. This plan met with considerable public opposition and was abandoned. In 1993, the CRA organized the first phase of a community planning effort by inviting numerous community members to a series of organizational meetings to discuss the concept of developing a West Atlantic Avenue Redevelopment Plan. These meetings, which were facilitated by professional planners, resulted in the organization of a larger community based ~' ~~ a~~ '.i~~~~ Steering Committee of over 50 people. The initial charge of this Steering Committee was to develop a process and strategy for the planning effort. The Steering Committee participants referred to themselves as stakeholders in the resulting process which was termed "Visions West Atlantic". "Visions West Atlantic" was a forum for a series of community meetings held over atwo-year period that ultimately produced recommendations concerning redevelopment issues for West Atlantic Avenue. These recommendations form the backbone of the West Atlantic Redevelopment Plan, which was adopted by the City in 1995. ~~ • FI~ \ r r 1i ~~ iii I i. ~ ~ y f' I1... li A rr The community "visions meetings" recognized that the need to facilitate the redevelopment of West Atlantic Avenue could not stop with completion of the plan. After a 1 series of discussions, the group established the need for oversight and a project manager to implement the plan. The West Atlantic Redevelopment Coalition (WARC) is a nonprofit organization that was created to advise the CRA and City on redevelopment issues in the area. A staff position was created to facilitate the monthly WARC meetings, act as a liaison between WARC and the CRA/City and focus on the implementation of objectives and strategies in the plan. In 1997, the CRA amended the Plan by incorporating market research and by analyzing, in general, the redevelopment opportunities of each block in the area. The second amendment was adopted by the CRA and City in 2000. Also in 2000, the City and the CRA applied for a grant to the MacArthur Foundation to fund another community planning exercise, the Downtown Master Plan. The geographic areas covered by the downtown plan included the commercial districts along the Atlantic Avenue corridor from the beach to I-95. The plan, which was adopted in 2002, incorporates the provisions of the West Atlantic Avenue Redevelopment Plan and includes a marketing strategy for the corridor. Although opportunities exist for private redevelopment of existing structures and vacant property along West Atlantic Avenue, it has been difficult for the private sector to initiate such efforts without public assistance with land assemblage and business development. Rapidly rising property values has led to speculative investments, and has in some cases stalled redevelopment activity as investors hold onto blighted properties for the maximum return. This program represents the CRA's intent to continue the elimination of slum and blight in the area and facilitate successful redevelopment projects. Proiect Objectives • Eliminate blighted conditions along West Atlantic Avenue and adjacent side streets. • Encourage economic growth, redevelopment and minority business development. • Increase job opportunities within the West Atlantic redevelopment area and surrounding neighborhoods. • Promotion of businesses which serve the neighborhood residents. • Acquire land in order to aggregate sites sufficiently large enough to encourage redevelopment. • Development of programs, events, and projects which attract new consumers to the Avenue. • Create safer conditions for consumers, residents, and businesses. • Beautify the West Atlantic Avenue corridor. Proiect Description A major component of the program shall be site acquisition, assembly and resale for redevelopment; the CRA may also acquire property for construction of centralized parking facilities to service the surrounding areas; the parking lots constructed under this program may be municipal lots entirely for public use, may be sold or leased to private entities or may be a combination of both; Appendix "D" contains the Land Acquisition Maps for the overall area, and maps of specific blocks that were identified as priorities for redevelopment purposes. The CRA may also utilize property exchanges and equity partnerships to assemble larger parcels of land for redevelopment purposes. 2 • In the relocation of homeowners or renters, the CRA may utilize the affordable housing program described in Part Three, Section 2-D of this plan. • The CRA will provide financial assistance through its various programs to encourage business development and job creation. • The CRA will work with the Downtown Development Authority, Downtown Marketing Cooperative (formerly Joint Venture), West Atlantic Redevelopment Coalition, Delray Merchants Association, and others to promote activities on the Avenue which impact positively the economics of the business on the Avenue. • Beautification of the streetscape along West Atlantic Avenue and side streets. • The CRA will work with others, such as the Palm Beach County Education Commission, to improve the technology infrastructure for providing broad-band access and community wireless "hot-spots". Technology infrastructure may include the installation of antennas and booster antennas within the West Atlantic Avenue Redevelopment area and surrounding neighborhoods, and the installation of ruckus devices to boost the signal inside buildings. Project Participants and Administration • The Community Redevelopment Agency and West Atlantic Redevelopment Coalition, Inc. shall be the lead agencies in the updating and implementation of the Plan. Other participants in the program may include, but are not limited to, the City of Delray Beach, Downtown Marketing Cooperative, Delray Merchants Association, Delray Beach Chamber of Commerce, neighborhood associations, residents and property owners. Funding Sources • Funding will be primarily by the CRA and the City, along with state and federal funding for read infrastructure improvement projects. Project Schedule • Beautification of West Atlantic Avenue has been completed between W 1St and 6th Avenues; beautification of the corridor between W 6th and 12th Avenues will be completed in 2009. • Redevelopment of the CRA-owned properties located between SW 8th and 10th Avenues will be under construction in 2010. • Redevelopment of other blocks is ongoing. 3 # 1.2: "Downtown Delray Beach Master Plan" Background r F e ~ tlw a ,. !. ~ ~~ ~ r ~u y The Land Use Element of the City's Comprehensive Plan required that a special CBD Development Plan be developed jointly by the CRA and the City. The purpose of this policy as originally intended was to prepare a plan that would encourage the revitalization and redevelopment of the downtown, which was experiencing high vacancy rates and a lack of private investment. Another objective was to address the maximum development that could occur in the area while still retaining its unique character and charm. Numerous studies, beautification and redevelopment projects, special events, and zoning code amendments were undertaken which helped to spur a major renaissance in the downtown. However, there was still a need to prepare a plan that would address the question of the maximum amount of development that is desirable, as well as strategies to ensure that the rebirth and revitalization are sustainable for the long term. In 2000, the City and CRA applied for a planning grant to the MacArthur Foundation to complete the Downtown Master Plan. During the application process another objective emerged: that of bridging the gap between East and West Atlantic Avenue commercial districts. Pursuant to that objective, the Downtown Plan evolved to also include the West Atlantic Avenue Redevelopment Area. In order to ensure that the planning process was an inclusive and wide-spread effort, a 31-person Steering Committee was established to oversee the development of the plan and its various components, and to disseminate information and updates to constituent groups. The planning process included tours of the area, a weekend long race relations workshop, presentations by planning experts, and a design charrette that was attended by hundreds. The entire process is documented in the City publication "Creating Inclusive Partnerships." The plan was adopted in March of 2002, and the Steering Committee evolved into the Downtown Plan Implementation Committee, which met on a quarterly basis to evaluate the status and give direction on oroiects that are in the plan. The Implementation Committee discontinued meeting at the end of 2008 due to the fact that most of the projects in the plan had been successfully implemented or were on schedule to be completed. ~^~"~^" "°° n,°+ „n ~ .-~~ ~~r+or~., h~~i~ +„ • , The Downtown Delray Beach Master Plan describes three separate "districts": the West Atlantic neighborhood, the Central Core, and the Beach District. The plan identifies objectives to improve each of the areas, and outlines projects to accomplish those objectives. Project Objectives • To create aself-sustaining downtown that has a balanced mix of uses • To encourage building forms of a size, scale, and character that allows for growth while preserving the downtown's charm • To facilitate economic development and ensure that the downtown remains the economic, cultural, and governmental center of the City • To improve vehicular circulation, pedestrian safety, availability and convenience of mass transit, and availability and convenience of parking • To promote unity and continuity between East and West Atlantic Avenue • To create attractive public plazas, neighborhood pocket parks and pedestrian friendly streets enhanced by public art Project Description Implementation of the projects and programs identified in the Downtown Master Plan, including the following: • Design guidelines to regulate the size and scale of new buildings • Creation of apedestrian-friendly network of streets with adequate sidewalks, lighting, and traffic-calming measures to mitigate vehicular speeds • Installation of pedestrian improvements, traffic calming, and beautification along the Federal Highway pairs • Conversion of the one-way bypass system to two-way traffic • Creation/installation of a gateway feature at West Atlantic Avenue immediately east of I-95, to include landscaping and a public art component as well as conveniently located public ap rkinq • Acquisition of properties for affordable housing, pocket parks, parking facilities, and public plazas monhoni~or~l norUinrv foni~i+io~. Participation in projects and programs that will increase parking in the downtown area • Installation of bus shelters • Pedestrian safety measures in the commercial areas of Atlantic Avenue and A-1-A • Support of measures such as market analysis and business recruitment to ensure that the downtown area has a sustainable mix of uses • Other programs and projects as described in the adopted plan Project Participants and Administration • The Plan shall be implemented under the lead of the CRA with the assistance of the City Planning and Zoning Department and Environmental Services Department • Other participants in the project may include, but are not limited to the Downtown Development Authority (DDA), West Atlantic Redevelopment Coalition (WARC), West Atlantic Task Team (WATT), Chamber of Commerce, Parking Management Advisory Board, Downtown Joint Venture, professional consultants and interested residents and businesses Funding Sources The CRA and City will be the primary funding sources, with grants from other entities used to augment local funding Project Schedule • Plan adopted March 19, 2002 • Design Guidelines, zoning changes adopted in 2004 Dlon fn ho omonrJ orJ in 7nnS2 • Infrastructure improvements to be substantially completed by 2012 # 1.5: Osceola Park Redevelopment & Neighborhood Improvement Plan Background This downtown neighborhood is generally located between Federal Highway and the F.E.C. Railroad, south of the Central Business District. Zoning in the area includes R-1-A (Single-Family Residential), RM (Medium Density Residential), GC (General Commercial), CBD (Central Business District), and CBD-RC (Central Business District -Railroad Corridor). Land uses are varied, containing a mixture of single-family and multi-family residences, commercial, and light industrial development. Since the area is encompassed by well field protection zones, impacts of non-residential land uses on the well field is a concern. The northern portion of the area (north of S.E. 5th Street) contains commercial and light industrial development with inadequate parking and residential uses sandwiched between incompatible land uses. South of S.E. 5th Street, the character of Osceola Park changes to one that is generally single-family in nature; however there are numerous renter-occupied units. The area is also encompassed by wellfield protection zones. The overall condition of the housing is adequate, although there are many structures in need of maintenance and minor repairs. The area has a unique quality that is attractive for residents who wish to live in asingle-family home located close to the City's commercial core. Beautification projects throughout the area, as well as an increase in the number of owner-occupied units, can help eliminate blighted conditions and stabilize the area. In 1999, the City, with financial assistance by the CRA and a grant from the State of Florida, conducted a historic survey of existing structures in the eastern part of the City, Including Osceola Park. The consultant, Janus Research, found that the neighborhood did not have the concentration of historic buildings to be designated as a local historic district, but recommended that the City consider creation of a Local Conservation District. This information has been incorporated into the Osceola Park Redevelopment Plan, which was adopted by the City Commission on December 6, 2004. The primary focus of this redevelopment plan is to stabilize and revitalize the area, provide apedestrian-friendly and safe environment through the implementation of traffic calming measures, provide additional parking for area businesses and accommodate owner-occupied housing which is compatible with the single family character of the area. Some of the issues relating to the industrial uses within this area were addressed within the CBD-RC zoning district that was created in 1995; however inadequate parking is still an issue. In September 2005, a 5.9 acre portion of the redevelopment area located between S.E. 2nd Street and S.E.3rd Street, and the area between S.E. 2nd Avenue and S.E. 5th Avenue was rezoned from RM (Medium Density Residential) to R-1-A (Single Family Residential). Implementation of the Plan as it relates to the residential area is to begin in 2008. The design for the infrastructure improvements was completed and they were to be funded by the CRA, City and the residents via the establishment of a special assessment district. However, on December 9, 2009, the City Commission voted to not establish a special assessment district for the proposed improvements (consisting primarily of traffic calming measures and sidewalks), based on residents' objections to the additional taxes. As a result, the City has created a Strategic Task Team to work with the residents on other strate ieq s to stabilize the neighborhood. The City is proceeding; however, with the installation of underground infrastructure improvements consisting of water main and drainage improvements, that do not require CRA funding or additional assessments. Proiect Objectives • Eliminate slum and blighted conditions. • Provide adequate parking for the commercial/industrial areas. • Promote historic preservation. • Promote stabilization of the residential areas. • Promote owner-occupied housing. • Promote conversion of multi-family uses to single-family. • Increase employment and business opportunities in the area. Proiect Description The program shall consist of three phases. Phase One, which included an historic survey of the existing structures in the area, has been completed. Phase Two, which included the preparation and adoption of a Redevelopment/Neighborhood Plan for the area, has also been completed. Phase Three consists of the implementation of the projects and programs identified in the Osceola Park Redevelopment Plan, and supported by the residents, including the following: • Rezone the areas east of the FEC Railroad currently zoned RM (Medium Density Residential) to R-1-A (Single Family Residential). ~~ ~~ imnrrwo mon+c nrr~"o t~{iatTC°c°t~'pp•ca'rra'nv°c-~~~vca'utmvucivn'r. • Provide streetscape beautification and on-street parking for business uses along SE 2nd Avenue, and landscaping along the FEC Railroad corridor. • Property acquisition along SE 2nd Avenue to provide parking lots for area businesses. • Improve pedestrian and vehicular safety through the installation of traffic calming measures, ~~ ,.,o~~ ~~ +ho ino+~~~~+i„n „+ ~no.,~, lighting and sidewalks, where needed. • Upgrade utilities and drainage where needed. • Develop and fund a program to convert duplex structures to single-family residences. • Creation of a Conservation District to promote historic preservation. Proiect Participants and Administration • Implementation of the Plan shall be administered and coordinated by the City with assistance where needed from the CRA. • Other participants include property owners and businesses in the area. Funding Sources • The City °°~A will provide the majority of funding for preparation and implementation of the plan, including any outside consulting services that are necessary. • Other sources may include, but are not limited to, the CRA, the property owners and businesses in the area, as well as public and private grants. Project Schedule • Phase One of the program was completed in FY 1999/2000. • Phase Two was completed in FY 2004/2005. • Phase Three: o Re-zonings associated with the Plan were approved in 2005. o Infrastructure improvements are projected to begin in FY `'~~w2009/2010. o Implementation of various programs is ongoing. #1.3: Southwest Neighborhood Plan (For associated maps, see Appendix "D" Maps B.1 and B.2) Background When the MacArthur Foundation agreed to provide funding for preparation of the Downtown Delray Beach Master Plan, they also included funding for a plan to address the most distressed neighborhood adjacent to the West Atlantic commercial corridor: the Southwest Neighborhood. This area had long been characterized by slum and blighted conditions, including inadequate infrastructure, high crime, poor housing conditions aggravated by absentee ownership, and a large number of vacant properties that were not being maintained. In 2002 the City hired planning consultants JEG Associates to work with the neighborhood on a plan to address these issues. With some deviations, the plan encompasses the area generally bounded by I-95 on the west, SW 10th Street on the south, Swinton Avenue on the east, and the CBD zoning district on the north. A team of neighborhood stakeholders was assembled to assist in the communication and organizational aspects of the planning process. This group, known initially as the Southwest Management Team (and renamed West Atlantic Task Team, or WATT), met on a regular basis to work with the consultant, communicate with the neighborhoods regarding meetings and outcomes, provide feedback on various ideas and initiatives, and review the draft plan. One of the first tasks completed by the consultant was a "Livability Workshop," which was designed to obtain stakeholder input regarding livability conditions relative to indicators such as schools, public safety, parks, transit, etc. The results of the surveys and interviews helped determine the strengths and weaknesses of the community, and provided direction for the plan's focus. The plan was adopted in May of 2003 and provides a blueprint for the revitalization and stabilization of the neighborhoods located in the southwest area. It links the neighborhood residential areas, commercial centers, civic functions, and green spaces to create a vibrant, pedestrian friendly network of connected neighborhoods. Many of the projects included in the Plan have already been implemented. In 2004, the City Commission adopted changes zoning, comprehensive plan and Land Development Regulations (LDR) changes to promote affordable housing in conjunction with the principles of Development Without Displacement. The City's Comprehensive Plan was amended to allow increases in density when development includes affordable/workforce housing and the City adopted the Family/Workforce Housing Ordinance (LDR Article 4.7), which includes a density bonus program, based upon the number of very low, low and moderate income units that are provided as part of the development. In addition, the recently built public elementary school has been augmented to provide intensive education to local at-risk children, including an extensive after care program and support services for families. In 2007, the City and CRA funded the creation of a Neighborhood Resource Center in the community, placing social service providers within walking distance of the families who need assistance. The Rosemont Park pocket park was completed in 2007 (SW 6th St. and 4th Ave.) and Sunshine Park (NW 15th Avenue, adjacent to I-95 sound barrier) `""~ was constructed in 2008. Also, the existing Catherine Strong Park was completely renovated to include additional play equipment and water features. Streetscape and alley improvement plans pro n„rron+I" bei~-have been prepared for SW 12th and 14th Avenues, with construction of the SW 14th Avenue improvements to commence in fall 2009 and SW 12th Avenue alley improvements to be constructed in 2010. To help achieve the Plan's affordable housing objectives the City, CRA, and Housing Authority partnered together to form a Community Land Trust, which is constructing long-term affordable housing for neighborhood residents. Acquisition of slum and blighted properties by the CRA to accommodate affordable housing through the Delray Beach Community Land Trust is ongoing. The CRA participated in the funding and development of the plan, and will be a major participant in funding its implementation. Proiect Objectives • Revitalization and stabilization of the neighborhoods in the southwest area. • Improve the quality and condition of housing stock in the area, and provide housing to meet a range of income levels and ages. • Improve and upgrade infrastructure in the neighborhoods. • Enhance the beauty and livability of the neighborhood by providing open space and recreational opportunities for residents. • Provide pedestrian linkages between residential, commercial, civic, and recreational areas. • Create jobs and promote economic development. Proiect Description Implementation of the projects and programs identified in the Southwest Neighborhood Plan, including the following: • Acquisition of land and development of pocket parks, community-oriented services and parking lots at strategic locations throughout the neighborhood, particularly where adjacent to property that is already owned by the City or CRA, and where larger sites can be assembled. • Beautification of public spaces along I-95 sound walls. • Creation of affordable housing opportunities, through acquisition of vacant or underutilized land, acquisition of existing units that can be upgraded or redeveloped and maintained as affordable housing; and implementation of incentives such as density bonuses to encourage private developers to create affordable units. • Provision of grant or loan programs to encourage upgrades to structures and properties; • Improvements to the roadway system to make the area safer for pedestrians, such as completion of the sidewalk network and installation of traffic calming measures. • Support redevelopment that is consistent with the principles outlined in the plan for the five sub-areas, particularly as it relates to the redevelopment or renovation of blighted duplex and multi-family structures (particularly those located along SW 10tH through 15th Avenues), which are having a detrimental impact on livability and property values in the neighborhood. • Support increased community policing and code enforcement. • Initiate infrastructure projects (i.e. street and alley improvement projects, street beautification, retention areas, etc.) to accelerate their completion. Partner with the City on these infrastructure projects when feasible. • Improve the appearance of the SW 12th Avenue corridor particularly within the first three (3) blocks of West Atlantic Avenue through the elimination of excessive back- out parking, landscape upgrades on private property to replace front yard parking, where appropriate, and provide assistance to property owners for the exterior upgrades/renovations to structures along the corridor. Project Participants and Administration • Projects in the plan shall be implemented jointly by the City and CRA, as necessary. Other participants in the project may include, but are not limited to the West Atlantic Redevelopment Coalition (WARC), neighborhood associations, professional consultants, private developers and interested residents and businesses. Funding Sources • The CRA and City will be the primary funding sources, with grants from other entities used to augment local funding. • Private developers will participate in the financing of affordable housing in the neighborhoods. Project Schedule • Acquisition of property/provision of pocket parks is ongoing. • Affordable housing incentives (Family/Workforce Housing Ordinance) adopted on December 6, 2004. • Acquisition of properties/creation of affordable housing is ongoing. • Infrastructure improvements to be substantially completed by 2015. # 2.4: South County Courthouse Expansion / Delray Beach Public Library Th~ ~ millir~n Cr~i ~~ (~r~i ~nfii (~r~i ~ i ~ ~ ~ - e~e~~~ - ~~~ ~ . , rl~ tl l1fy~~ .~t, F Fi I e SE 1~ n.._._..__~ T~___ :.__i..~_~ i~_ ~ ri_. ._._ i~_:._ ~ _..._~._. i~nn~~ _:__ ..._a _.__.1.___._i This protect involved the construction of a new facility for the Delray Public Library, an expansion of the South County Courthouse, and the construction of a public parking garage to be shared by the two institutions with public access granted pursuant to Interlocal Agreement. The project as on iq Wally described has been substantially completed (See Appendix "C" for a description of the protect), with the construction of the library and garage in 2005, and courthouse expansion in 2009. Phase II of the garage may still be constructed at a later date to be determined based on demand and the availability of fundinq_ The library has become an important anchor to the West Atlantic Avenue Corridor and asset to the community as it provides a variety of valuable community services and programs. It is run by a nonprofit board, and while it is located on City property it is not a City facility, and funding is always a challenge. The City supports the library with operating funds and provides exterior maintenance, and the library obtains other funding from state grants and private donations. In 2007, with the budget constraints created by the property tax reform, the City cut back on the library's operating dollars. To stay within budget, the library developed a schedule with reduced operating hours. In order to continue to promote activity and economic development in the West Atlantic area, the CRA agreed to fund a portion of the operating funds so that the library could continue to be open seven days a week and offer the same range of services and activities. The CRA will consider on an annual basis, a commitment of funding in order to ensure that the library can continue to function in this manner. #2.7: Carver Estates^~~b,~~r.~, T''°^° Redevelopment ~`~~"°n°~ °* n°'~°••` Background Carver Estates, the City's only public housing project, onr+ i+~ ci ~rrr•~ mr+inrv noirvhhr•rhr•r•r+ provided housing for the City's poorest residents for approximately two decades. However, it was found to have structural problems of such a severe nature that it would be more economical to replace the units than to repair them. In 2005, the Housing Authority had a Master Planning Study and a Feasibility Study prepared in anticipation of the redevelopment of the site. Immediately north of and adjacent to the Carver Estates property is Auburn Trace, a 256 unit affordable housing project, which was constructed to provide affordable housing through a public/private cooperative effort utilizing tax credits. These properties are located in the geographic area covered by the Southwest Area Neighborhood Plan, acommunity-based plan that provides a blueprint for revitalization and stabilization of the area. In 2005, the Housing Authority issued a Request for Proposals (RFP) to redevelop their property, possibly as a combined renter and owner occupied development. The proposal submitted by the owners of Auburn Trace (Auburn Group) was selected, which includes redevelopment of the Carver Estates site as well as the Auburn Trace site. r°~'°~ Initially, the sites were being redeveloped through a partnership agreement between the Delray Beach Housing Authority (DBHA) and the Auburn Group development company. The project, The Village at Delray, ~^~i"gin would have resulted in more than 1,000 units of new diverse housing choices for a range of income levels and ages, including 212 quality Housing Credit rental apartments for households below 60% of median income (very low income), 52 workforce rental apartments for households below 120% of median income (low to moderate income), and more than 200 owner-occupied workforce housing units. Th„r„ ,.,i" ~'°^ ho o noirvhhr•rh r•r•r+_r•rion+orJ hi ~cinocc nr•m nr•n on+ +n corvo +ho nr•mm~ mifi~ Also proposed, was a neighborhood-oriented business component to serve the community and a iob training component to help residents attain quality well-payinq_jobs. While approvals were obtained for the residential components of the protect, the property acquisitions to accommodate the commercial and iobs-training components could not be achieved. a~~ t hlirvhte~ `+~u"pnT~r°.$,~r~li-IiTrt~}e ~'~~t8 tHl: ~/{~.~r't~ch'~.~r't~s'~-~}~.rv~dt~7- C\c-vv~rT~E# t# > > Given the current market conditions, the residential components have not proceeded as anticipated, and the continuation of the partnership between DBHA and the Auburn Group is in question. If the partnership is dissolved, the entities could redevelop their own holdings. Recently, the developer (Auburn Group) obtained approval from the City Commission to construct a 192 Housing Tax Credit rental apartment complex for households below 60% of median income (very low to low income) on the south portion of their existing Auburn Trace apartment complex, rather than the mixed-income rental complex on iq Wally envisioned in the Southwest Area Neighborhood Redevelopment Plan and the DBHA Plan. The CRA is committed to realizing the community's objectives as articulated in the Southwest Plan, and has dedicated significant resources to this effort. T"o Apo "~~ n„mmi++o,+ f . The creation of jobs and the opportunity to increase incomes of residents in the southwest neighborhood is an important objective for the revitalization of the area and the enhancement of the residents' quality of life. This lobs-creation component of the protect will not be feasible without some public participation. The CRA will work with the City, DBHA and other entities to fulfill this component of the Plan. The CRA's involvement may also include ;~;^~~ass~st ~~ +„ horvin nr~nc+n ~n+ir~n ref +"o ~~„r,+~"~o ron+~~ ",,,,inn ..r,W,nr,non+ assisting the DBHA in the redevelopment of the former Carver Estates on property owned by the DBHA as well as down payment subsidies for the workforce housing units. Proiect Objectives • Revitalization and stabilization of the neighborhoods in the southwest area. • Improve the quality and condition of housing stock in the area, and provide housing to meet a range of income levels and ages. • Improve and upgrade infrastructure in the neighborhoods. • Enhance the beauty and livability of the neighborhood by providing open space and recreational opportunities for residents. • Provide pedestrian linkages between residential, commercial, civic, and recreational areas. • Create jobs and promote economic development. Proiect Description • Demolition of Carver Estates Public Housing project and development of new mixed income community that will provide housing for low and moderate income families as well as market rate housing . • Inclusion of recreational and community components including an employment training center. • Beautification of SW 12th/Auburn/SW 14th Avenue and streets adjacent to the development. Proiect Participants and Administration • The project will be developed and implemented by the Delray Beach Housing Authority with assistance from the CRA, the City of Delray Beach and Palm Beach County. Other participants in the project may include, but are not limited to the Delray Beach Community Land Trust, neighborhood associations, professional consultants and interested residents and businesses. Funding Sources • Tho I~lovolr~nmonf Toom ~eiill ho fho nrimoni fi mr~inrv ~~„r„o~, The DBHA will be the primary funding source for redevelopment of their property, with CRA and City grants/subsidies as well as grants/subsidies from other entities used to augment local funding. CRA and others, as appropriate, shall provide funding assistance as it relates to the employment training center component. The CRA may also elect to participate in assisting with funding the beautification of the adjacent rights-of-way. • The CRA may provide down payment subsidies for workforce housing units. Project Schedule • Demolition of Carver Estates Public Housing project was completed in 2008. • Redevelopment of the Carver Estates property consisting of +,,,.,nh,,.,,o~ onr~ n„n,~„mini,,.,,~ ro~x~ innr~mo forv,i~ioc either detached single family homes or townhomes for mixed income families, and potentially a senior housing component to begin construction in ~88~ 2012. • Street beautification adjacent to the development to be constructed in conjunction with the corresponding phases of the project. n n~n ref miv~ i ~~ nr~rt~~T rd nm rdion C\A/ '1 (lam Cf ~T~t~l~ ,~,--~~ ~ t~hc~evelopnTen~-a~en~te~Q , ~n • Construction of an employment training center aspect of the protect to begin construction in 2011. #3.12: Economic Development Incentives for Job Creation Background The recent residential real estate boom period helped fuel a resurgence of the downtown. However, as residential demand has declined, the CRA may begin to look to other opportunities for encouraging substantial private investment in new development. Investment can now be centered on the following: employment opportunities to include large-scale employers; a stronger employment base in close proximity to residents; and increased opportunities for minority business ownership in the area. This Plan recognizes that the downtown is a strategic location to invest in new office buildings. Its pedestrian friendly nature offers unique amenities not available in many places, and with the interstate I-95 interchange it is easily accessible. In addition, the CRA funded shuttle bus connects the downtown with the Tri-Rail commuter train station one mile away; Palm Tran routes also connect it with other parts of the county; and Federal Highway provides for north-to-south transit connectivity to Boca Raton and Boynton Beach. However, with all the above mentioned benefits, the image of the City as business district has been weak. The Downtown Delray Beach Mater Plan emphasizes the importance of the creation of new office space and high-paving lobs in the downtown, to compliment the service sector jobs. One reason is that a year-round day-time population of professional business people will support and strengthen the downtown merchants and downtown restaurants. A second reason is that well paying lobs in the City of Delray Beach will strengthen the economic wellbeing of the local residents, and the local residential real estate markets. The following excerpts demonstrate how the Downtown Master Plan supports these concepts: Based on experience in other cities, employees working in or close to downtown De(ray Beach should be the initial target market for downtown housing. (Page 76) Employees who work within the immediate vicinity of downtown Delray Beach are "captive" in the sense that they are in the area for at least eight hours a day, five days a week and, consequently, are likely to shop, run errands and eat out in downtown Delray Beach. (Marketing Report, page 80Z In order for De(ray Beach to move beyond its position as an entertainment district, efforts must be made to attract businesses that serve the needs of the local community as we(( as provide we(( paving lobs for local residents. (Page 89) Recruit quality businesses. It will be critical to attract businesses that provide lobs beyond those in the service sector, which are t p~ ica((V (ow pa~g, (ow skilled positions. Attracting businesses that add value to the community through better paving/higher skilled lobs and/or serving the needs of the local community will help to strengthen the economic base of the cit~(Downtown Master Plan Marketing Report, Page 90) However, several factors have stacked-up against the opportunity for construction of new office buildings. Land costs layered over a relatively low allowable floor area ratios. orooerty taxes and insurance make it difficult for companies to consider constructing new office buildings. In addition, a multitude of vacant properties scattered through out the commercial zoning districts have created serious voids within the city fabric, voids that have become a deterrent for redevelopment. Entire vacant blocks still give areas of the downtown the appearance of insecurity, abandonment and blight Hess. These factors will not chance unless incentives are provided to overcome them. Program Objectives The objective of these programs is to help overcome the stated objections for companies investing and locating within the CRA district. Incentives may be used to encourage the first companies to locate in the district. In addition, improvements to the district infrastructure will aid in making the area more desirable. Once a few projects are successful, others will be drawn without an incentive beinq_given. The CRA's goal is to establish programs that will encourage occupancy in the existing office buildings, and the development of new office buildings within the downtown for a specific time period. Eventually, the creation of business activity on itself will give downtown Delrav Beach its own branding as a place to work. Over time it will be unnecessary to offer incentives to encourage downtown investment in office space and to attract workers to the downtown district. Additional office space in the downtown will support the commercial and residential base that already exists. First, a year-round day-time population of professional business people will support and strengthen the downtown merchants and downtown restaurants. Second, well payinq_jobs in the City of Delrav Beach will strengthen the local residential real estate markets. As new companies move into our downtown, and as existing companies grow, employees that come with those companies will experience first hand the live-work-play environment and many will be encouraged to relocate their residences to the downtown. Both of the above stated objectives have been clearly defined in the Downtown Master Plan. The ultimate goal of the program is to complete a sustainable, successful downtown, where both business and residents support a continually increasing tax base, and provide a complete range of services needed by the community. Program Description The CRA may develop creative Development Finance Programs and Tools to catalyze investment, to promote opportunity for new and expanding businesses, and to create lobs a. Tax Credit Pro rq ams Tax credits can be used to encourage a company to locate in an existing building or to sign a lease for a future building. A Tax credit program is performance based: once you meet the conditions of the agreement you receive a tax credit. Land Assistance Programs These incentive programs may provide assistance to job creation projects with cheaper land costs through either free land, TIF sharing, or land leases to be used to lessen the cost of a protect. c. Innovation Finance Programs Innovation Finance focuses on growing economic innovation through development of new technology, new business and industries, and entrepreneurial activity. Innovation Finance includes seed and venture capital and angle funds. Innovation Finance Programs may involve public/private partnerships to encourage investment companies and individual investors collaborate in order to bring available capital into the market and to finance projects. d. Business Incubation Programs The goal of business incubators is to help companies gain financial stability and self- sufficiency. Incubator graduates create lobs, revitalize neighborhoods and commercialize new technologies. A physical incubator site may provide services that assist a company's growth, including affordable rental space, flexible lease terms, shared services, and equipment and tech support. Incubators may also provide resources that allow companies to gain access to capital for later stage development. Business incubators shall foster economic development by developing stroncLpublic- private partnerships and supporting business. e. Economic Development Support Tools Economic development support tools refer to financial alternatives that offer gap financing, and may be used in conjunction with other economic development tools and programs. Support tools may include, but are not limited to programs available through the U.S. Department of Housing and Urban Development (HUD), the Economic Development Administration (EDA), the US Department of Treasury, and the U.S. Small Business Administration. The CRA may build partnerships with County and State economic development organizations that play a role in the delivery of federal pro rq ams. The CRA may also use a consultant to monitor the availability of funding, and to maximize opportunities to use support tools for project financing. Program Participants and Administration Protects will be administered and coordinated by the CRA; other participants may include, but are not limited to the developer, design professionals, building tenants, Investors, the Palm Beach County Economic Development Office, the Palm Beach Countv Business Development Board. and Enterprise Florida. Funding Sources The CRA will be the main funding source for specific programs. Additional funding may be obtained from the City, Countv, the State of Florida, Federal Agencies, Financial Institutions, Developers, Non-Profits Development Corps, Seed & Venture Funds, Angel Investors, and Housing Authorities. Program Schedule The Tax Credit Program and the Land Assistance Programs may be available immediately. Other programs may be implemented as partnerships are developed, and as funding programs and opportunities become available. #3.13: Arts Based Economic Development Program Background Delrav Beach has Iona had a history as an arts community. In the 1920's Delrav was a popular tourist destination and writer's colony-by the 1930's writers such as Edna St. Vincent Millay, Zora Neal Hurston and Theodore Pratt were among visitors and residents. "Toonerville Folks" cartoonist Fontaine Fox had a winter home on Ocean Avenue in Delray Beach. When the City fell into decline in the 1980's, art and cultural initiatives became an important part of its renaissance. The abandoned Delrav Elementary and Delrav High School campus was transformed into Old School Square Cultural Arts Center including a museum, theater and entertainment pavilion. The historic home of teacher/principal Solomon D. Spady was renovated and turned into the Spady Cultural Heritage Museum featuring the history of African Americans in the region. Downtown's Pineapple Grove features public art along its sidewalks and hosts arts-related events, and there are numerous art galleries and studios along Atlantic Avenue and elsewhere in the downtown. In February of 2006 the consulting firm Coletta & Company produced a report for the city entitled "Cultural Delrav Beach: Creative Authentic Intimate." The report examined Delray's "cultural infrastructure" and identified several initiatives to help direct Delray's continued development as a creative, authentic and intimate city. One of the fundamental building blocks recommended in the report was the establishment of a public/private partnership to direct the City's cultural plan and vision. Delray's Creative City Collaborative (CCC) was subsequently established for this purpose as a 501(c)(3), however, its progress has been somewhat limited due to a lack of funding and dedicated staff resources. Given the economic downturn that is being experienced both nationally and locally, a renewed emphasis on promoting and supporting the arts in Delray Beach could be an effective strategy for economic development, especially within the CRA district. Arts programs have been a part of many state and local government economic development initiatives by promoting downtown revitalization, attracting tourists, creating vibrant public spaces, and making communities more attractive to knowledge- based companies and employees. The CRA should play a role in supporting and promoting Delrav Beach as a thriving arts community. in order to sustain economic vitality and improve the quality of life within the district. Project Objectives • Continued revitalization and stabilization of the downtown and surrounding neighborhoods through promotion of art and cultural activities and institutions. • Promote cultural tourism by enhancing Delray Beach's identity as a community of culture and the arts--one that is creative, authentic, and intimate • Help ensure access to the arts for all ages, ethnicities, and physical ability • Create jobs and promote economic development. Project Description • Provide staff support and resources to assist the Creative City Collaborative and other art and culture organizations in directing and implementing the City's cultural plan. • Implement programs and initiatives to establish Delray Beach as an artist-friendly city and as a desirable location for galleries, studios, and artists' residences. • Work with arts organizations and public and private institutions to support projects that will enhance the City's identity as an arts community • Recommend policies and regulations that will encourage the establishment and expansion of artist studios, galleries and performance venues that are consistent with the City's character and the goals, policies, and objectives of the Comprehensive Plan. • Develop strategies and programs to protect existing arts spaces and create Ion -tq erm affordable space. Such locations may include the City-owned commercial space in the Old School Square garage or other buildings that are purchased or leased by the City, CRA, or nonprofit organizations for the purpose of providing affordable arts-related venues. • Seek grant opportunities and help develop strategies for permanent funding of art and culture programs. Project Participants and Administration • The CRA will work in conjunction with the City, the CCC and other arts organizations to implement the strategies outlined in the cultural plan. • Other participants in the project may include, but are not limited to, local artists and gallery/studio owners, the Downtown Marketing Cooperative, and the Downtown Development Authority (in terms of promotionsZ Funding Sources • CRA/City • Grant opportunities as they arise. Project Schedule • The CRA will bring staff support on board in 2010 • The parking garage commercial space will be evaluated and potentially leased for arts related programs in 2010 • Various aspects of the Cultural Plan will be implemented as directed by the CCC and the City on an ongoing basis TABLE 5-1: CITY, CRA & COUNTY FUNDED CAPITAL PROJECTS AND MAJOR PROGRAMS IN CRA DISTRICT - 2010 THROUGH 2014 Pro'ect Name Public Cost Downtown -Beach Area • Beach Master Plan Pro~ects CRA area onl 200,000 Downtown -Core Area • Old School Square window replacement 650,000 • US 1 Corridor beautification & traffic calmin 11,100,000 • One-way bypass conversion (NE/SE 1St Sts.) -traffic signals 375,000 • SE 2~d St. -Swinton to FEC 350,000 • Downtown Parks Veteran's, Worthin ,Old School Square 3,250,000 • Pineapple Grove Parkin Lot/ Pineapple Grove Sidewalks 375,000 • Old Librar Site redevelopment CRA contribution to Chamber relocation costs) 315,000 • Water Main/Drainage upgrades (SE 2~d St., SE 1St Ave.) 468,600 • East Atlantic Resurfacin 104,000 • Street Li htin 160,000 • Land Acquisition & Redevelopment 2,500,000 Downtown -West Atlantic Avenue and NW/SW 5 Avenue • Cultural Loop/MLK Drive beautification 1,400,000 • W. Atlantic medians 270,000 • Gatewa Feature 1,300,000 • W. Atlantic Public Plaza & Fire Station Plaza 773,000 • SW 1St Ave. W. Atlantic to SW 1St St. -drains e 230,000 • Land Acquisition & Redevelopment 4,000,000 • NW 12th Ave. beautification 200,000 • Block 19 & 20 alle s, 95 SW 5th Ave 285,000 • Spad Museum Muse & Munnin s houses 660,000 • SW 2nd Ave & W. Atl si nals 330,000 North Federal Hw Allen Ave. drains e, Dixie-Federal connector 229,300 Nei hborhoods • Osceola Park Nei hborhood (sidewalks, drainage, water mains) 1,750,300 • SW Neighborhood Plan (parks, SW 14`h Ave, SW 12`h Ave. drainage & water mains, beautification ro'ects 11,754,400 • West Settlers housin renovations & relocation, streetscape 245,000 • Seacrest Blvd. reconstruction & drains a 535,500 • NE 2~d & 3~d Ave water mains 365,000 Affordable Housing (CRA -donation of land, new land acquisition, subsidies, buildin acquisitions and renovations, administrative support 4,500,000 Grant pro rams CRA 2,500,000 Downtown marketin & promotions DMC & Green Market 1,775,000 Other • Economic development initiatives tax incentives, land donations, artist programs 6,500,000 • Downtown Shuttle 1,500,000 • CRA nonprofit support (Old School Square, Library, Spady Museum) 5,000,000 • Bus Shelters 150,000 • CDBG Pro ram 2,000,000 TOTAL 68,100,100 w a N . W. z a~~rn 1ST A CRA B C CRA z CRA CRA D E F G H W E S T > > Q a _ _ ~ ~ o ~ ~ N Ul A T L A N T I C w a rn N ST. A V E N U E z > > a a ~ ~ ~ ~ ~ ~ N ~ CITY OF DELRAY BEACH, FL PLANNING & ZONING DEPARTMENT DECEMBER 2007 POTENTAL PROJECT #1.1 -WEST ATLANTIC AcouisiTioN REDEVELOPMENT PLAN N.W. 8TH - 11TH AVENUES -MAPA.2- NOTE: SEE REVERSE SIDE FOR LEGEND -- D7C/fAL RISE ANP SY57EAI -- MAP REF: A2 FIRE STATION NO. 1 WE ST ATLA NTIC A~/E. CRA ~ ~ CRA ~ D CRA CRA CRA E CRA CRA CRA 1 T Ta PROJECT #1.1 -WEST ATLANTIC POTENTIAL ACQUISITION REDEVELOPMENT PLAN S.W. 6TH - 8TH AVENUES © -MAPA.4- a1v -- o-~ eE ~ cH, FE NOT E. SEE REVERSE SIDE FOR LEGEND PLANNW( DEPARTME NT DEI;tMbtK LVV7 -- D/G/TAL Br~~c SNAP SYSTEM -- MAP REF: A.a CRA A / CRA CRA CRA CRA CRA B~ C- N.W. 1ST z ~ = ~ ~ ~ CRA CRA CRA ~ ' ~ CRA ~ ~ F E cRA CRA "' ~ FIRE STA TION ~~ ~O z ~ c e a, z N0. 1 W E S T A T L A N T I C POTENTIAL PROJECT #1.1 -WEST ATLANTIC ACQUISITION REDEVELOPMENT PLAN N.W. 11TH-12TH AVENUES -MAPA.5- ciTV of DEAF BE cr+, E~ NOTE: SEE REVERSE SIDE FOR LEGEND PLANNW( DEPARTMENT DECEMBER 2007 -- ~TAL &ISE AfAP SYSTEM -- MAP REF: A.5 VENUE W E S T AY RKS A T L A N E B ;F ~ G ~ Q Q ~C; H D I~ J ~ _ _ ~ ~ N S. W. 1ST STREET CITY OF DELF BE CH, FL PLANNW( DEPARTMENT DECEMBER 2007 PROJECT #1.1 -WEST ATLANTIC POTENTIAL REDEVELOPMENT PLAN ACQUISITION N.W. 11TH-12TH AVENUES -MAPA.6- NOTE: SEE REVERSE SIDE FOR LEGEND -- ~TAL &ISE AfAP SYSTEM -- MAP REF: A.6 Z = ~ N ~ ~ 3 M ~ Z 3 3 3 3 z z Z z ATLANTIC AVENUE WEST ATLANTIC AVE. GATEWAY MINI PARKS N P D ~ ~ O C 1 Q Q Q ~ Q Q F S. W. 1ST ST. G CRA T '~ H CRA = y I ~ CRA fj H ~ N ~ CRA ~ CRA O CRA CRA CRA CRA D J CRA • K CRA L CRA CRA CRA E CRA CRA PA CRA Sul S. W. 2N0 ST. w ~ R Q A ~ 3 a 3 vi 3 ~ N vi E ~ 3 vi S. W. 3R0 ST. ~ PROJECT #1.3 - S.W. NEIGHBORHOOD PoTENTiA~ REDEVELOPMENT PLAN Acoui ~TioN INFILL HOUSING AND PARKS © -MAP B.1 - CITY OF DELRAY BEACH, FL P~Alvlvwc & zolvwc DEPARTMENT NOTE: SEE REVERSE SIDE FOR LEGEND DECEMBER 2007 -- DlG/T~L QASE AdIP SY57EM -- MAP REF: 8.1 A N TIC A V E N U E POLICE SOUTH COMPLEX COUNTY COUR T ,,; HOUSE a e. c E 4i a ~ a a 0 rn 0 z ~ N R' M 3 ui ST. m 3 3 ui vi 3 3 vi vi S. W. 3RD ST. ~~N u MERRI TT car PARK S. W. 3RD CT. E aiH ST. NORTH HAITIAN CATHOLIC a < cirv cirv DRUG ABUSE F ci OF PALM BEACH CITY OF DELRAY BEACH PUBLIC WORKS COMPLEX ROSEMONT sTH sT. PARK ~ POTENTOL PROJECT #1.3 - S.W. NEIGHBORHOOD Ac~ui iTioN REDEVELOPMENT PLAN INFILL HOUSING AND PARKS -MAP B.2 - ciTY -- oE~ ~ BF~cH, F~ NOTE: SEE REVERSE SIDE FOR LEGEND PLANNW( & If. DEPARTMENT DECEMBER 2007 -- DlC/TAL BASE M4P SYSTEM -- MAP REF: 8.2 A G MI A NI TEWA PARK Y S ~''" ,1; _ o. 1 ~i ~i w > Q > P Q B > Q > Q Q Cr W ~ R D Q S E T F H ~ l U ~ ~ ~ V ~ K ~ _ ~ ~ W N ~ ~ O X L M Y Z N Ul Vl Vl N ~ (/l ~ POTENTOL PROJECT #1.3 - S.W. NEIGHBORHOOD Ac~ui iTioN REDEVELOPMENT PLAN INFILL HOUSING AND PARKS -MAP B.3 - ciTY -- oE~ ~ BF~cH, F~ NOTE: SEE REVERSE SIDE FOR LEGEND PLANNW( & If. DEPARTMENT DECEMBER 2007 -- DlC/TAL BASE M4P SYSTEM -- MAP REF: 8.3 '.'-' > > Q a a a MARTIN LUTHER KING JR. DRIVE N.W. 2ND CRA cnuRCn H CRA v~c~NT nor CRA ~cHURCH~ CRA CRA CRA CRA CRA ~ J CRA ~ to l() ~ ~ M D ~ H ~ E P;1 J N.W. 1ST ST. ~ Mt. C A CRA CRA- ~~IV2 CRA 35 Space Parkin Easemen FIRE S TA TION ~ ~ ~ AMOCO Z Z Z N 0. 1 WEST A T L A N T I C j j P O CRA ~~ Q Q Q 0 P. 2 = S ~~ CRA 5~~ ~ ~ z ST. D Z N z TENNIs sTAO1uM ~ A V E N U E w SOUTH v ¢ COUNTY COURT X HOUSE Y _ CRA CRA CRA H POLICE COMPLEX ST. - PoTENT~A~ ~~s~T~oN - ~ PROJECT #2.1 NW & SW 5TH AVENUE BEAUTIFICATION -MAPC- NOTE: SEE REVERSE SIDE FOR LEGEND CITY DEL BE CH. FL PROJECT AREA PLANNW~ II. ~~EPARTMENT ~ ^ ^ ^ ^ ^ ^ ~ DECEMBER 2007 -- D/C/TAL BASE MAP SYS7EM -- MAP REf: MAP-C PLANNING AND ZONING BOARD MEMORANDUM STAFF REPORT MEETING DATE: NOVEMBER 16, 2009 AGENDA NO: VI.A AGENDA ITEM: CONSIDERATION OF AMENDMENTS TO THE CRA'S COMMUNITY REDEVELOPMENT PLAN. ITEM BEFORE THE BOARD The item before the Board is that of making a recommendation to the City Commission regarding proposed amendments to the Community Redevelopment Agency's (CRA) Community Redevelopment Plan as reflected in Ordinance No. 59-09. BACKGROUND The Community Redevelopment Plan establishes the projects and programs to be undertaken by the CRA in the coming years. The Delray Beach CRA's first plan was adopted in 1986 and has been amended several times since. The last amendment was adopted on November 18, 2008. When formally adopted by the City Commission, this latest amended plan will replace the current Community Redevelopment Plan in its entirety. The CRA Board reviewed the final draft of the amended Community Redevelopment Plan at its October 22, 2009 meeting. There was no one from the public that spoke on the amendments. After a brief discussion, the Board approved the amended Plan and forwarded it to the City for adoption by the City Commission. ANALYSIS This currently proposed amendment to the Community Redevelopment Plan includes the following changes. For specific information and details of the proposed changes, please refer to the attached Plan. Changes to Part IV, The Redevelopment Program, to: • Updated information on current plans, programs and project descriptions including: ^ West Atlantic Redevelopment Plan (Section 1.1) ^ Downtown Master Plan (Section 1.2) ^ Southwest Neighborhood Plan (Section 1.3) ^ Osceola Park (Section 1.5) ^ Carver Estates Redevelopment (Section 2.7) • Update programs in which the CRA's role has been substantially completed ^ South County Courthouse Expansion / Delray Public Library (Section 2.4) -the majority of this combined project has been transferred to Appendix C "Completed Projects". The CRA's role in this project was largely completed with the completed expansion of the Courthouse in 2009. This section has also Planning and Zoning Board Staff Report, November 16, 2009 Amendments to Community Redevelopment Plan Page 2 been revised to provide for future CRA participation in the potential expansion of the courthouse parking garage. Explanation of new programs: ^ Economic Development Incentives for Job Creation (Section 3.12) -providing general guidelines for incentives that can be used to facilitate job creation by attracting businesses to occupy existing office space and/or constructing new office space in the downtown. ^ Arts Based Economic Development Program (Section 3.13) -providing general guidelines for the CRA to support the development of arts-related uses and arts programs as outlined in the City's cultural plan. Changes to Part V to update all projections of revenues and expenses for the next 5-year period (Table 5.1). Update of all maps to reflect current conditions and needs. Since the amended Plan does not include any projects or programs which require revisions to the Comprehensive Plan or the Future Land Use Map, it remains consistent with both. While many of the projects included in the Community Redevelopment Plan involve staff or financial participation by the City, applicable policies are already included within the Comprehensive Plan for City participation in these programs. Given the above, a positive finding can be made with respect to consistency with the Goals, Objectives and Policies of the Comprehensive Plan. REVIEW BY OTHERS The Pineapple Grove Main Street Executive Board reviewed the amendments at its November 4, 2009 meeting and unanimously recommended approval. The Downtown Development Authority (DDA) reviewed the amendments at its November 9, 2009 meeting and unanimously recommended approval, with the condition that DDA be mentioned in the section of the West Atlantic Avenue Redevelopment Plan under Project Participants and Administration (these references have been added to the amendment before the Commission). The West Atlantic Redevelopment Coalition (WARC) reviewed the amendments at its November 11, 2009 meeting and recommended approval. RECOMMENDED ACTION Move a recommendation of approval to the City Commission for adoption of the proposed amendments to the Community Redevelopment Plan by adopting the findings of fact and law contained in the Staff Report and finding that the request is consistent with the Comprehensive Plan, as well as with the applicable requirements of F.S. 163.360. Attachments: • Community Redevelopment Plan • Ordinance No. 59-09 MEMORANDUM TO: Mayor and City Commissioners FROM: PAUL DORLING, AICP, DIRECTOR PLANNING AND ZONINGMARK MCDONNELL, AICP, ASST. DIRECTOR PLANNING AND ZONING THROUGH: CITY MANAGER DATE: November 13, 2009 SUBJECT: AGENDA ITEM 12.B. -REGULAR COMMISSION MEETING OF NOVEMBER 17, 2009 ORDINANCE N0.60-09 ITEM BEFORE COMMISSION Consideration of aCity-initiated amendment to the Land Development Regulations that will create the Chatelaine Local Government Neighborhood Improvement District. BACKGROUND On October 6, 2009, the City Commission approved an ordinance authorizing the creation of local government neighborhood improvement districts as identified under Fla. Statute 163.506. This allowed individual districts to then be created by separate ordinances. Such 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. The creation of one such specific district for the Chatelaine subdivision is now before the Commission for consideration. The creation of a neighborhood improvement district is proposed to address a unique situation currently experienced by the Chatelaine subdivision. In 2008, the City finished installation of $150,000 of improvements associated with a Strategic Task Team neighborhood action plan for the Chatelaine subdivision. These improvements included landscaping and signage for three entrances; installation of sidewalks; a roundabout; and other traffic calming features, including chicanes and speed humps. These improvements were maintained by the City for the first year and then landscaping and signage became the maintenance responsibility of the neighborhood. This neighborhood has a voluntary homeowners association which includes voluntary homeowner's dues. The neighborhood has been unable to collect sufficient dues to adequately fund this maintenance obligation, which is estimated to be approximately $10,000 annually. Representatives from the association have now turned to the City for help. As it would be inappropriate for the City to assume maintenance of these types of improvements within individual neighborhoods, the City has explored alternatives including the creation of neighborhood improvement districts which could assess ad valorem taxes to fund upkeep of neighborhood improvements. Ordinance Highlights 1. A neighborhood improvement district will be created that will cover 50.12 acres consisting of single family residences. This will include the entire Chatelaine single family subdivision consisting of 201 individual single family residential lots. 2. Would allow up to 2 mills ad valorem tax to be levied annually on real and personal property. We may recommend a reduction in this millage cap at second reading and public hearing based on the anticipated budget for the district which we expect to receive shortly after first readintg. The actual levy amount will be determined based on improvements andlor activities (maintenance) and their associated budget as determined by the Board of Directors, with input from the advisory council. 3. TheDistrict will be authorized to apply for and receive a planning grant from the Department of Legal Affairs. 4. An advisory council will be formed with no less than 5 or more than 7 members that must own real property as well as reside in the District. 5. The Ordinance includes a location map as well as a copy of the subdivision plat. REVIEW BY OTHERS The text amendment will be considered by the Planning and Zoning Board on November 16, 2009 and their recommendation will be reported to the City Commission. RECOMMENDATION Recommend approval on first reading of Ordinance No. 60-09 for aCity-initiated amendment to the City of Delray Beach Code of Ordinances, by adopting the findings of fact and law contained in the staff report, finding that it is consistent with the Comprehensive Plan, and that it is consistent with F.S. 163.360. ORDINANCE NO.60-09 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY PEACH, FLORIDA, AUTHORIZING THE CREATION OF THE CHATELAINE LOCAL GOVERN1VlENT NEIGHBORHOOD IMPROVEMENT DISTRICT, IN ACCORDANCE WITH SECTION 163.506, FLORIDA STATUTES; ESTAPLISHING THE POUNDARIES OF THE DISTRICT; DESIGNATING THE DELRAY PEACH CITY COMMISSION AS THE POARD OF DIRECTORS OF THE DISTRICT; PROVIDING AUTHORIZATION FOR THE DISTRICT TO LEVY AN AD VALOREM TAX ON REAL AND PERSONAL PROPERTY OF UP TO TWO MILLS ANNUALLY; PROVIDING AUTHORIZATION FOR DISTRICT USE OF SPECIAL ASSESSMENTS PURSUANT TO SECTION 163.514, FLORIDA STATUTES; PROVIDING FOR THE DISSOLUTION OF THE DISTRICT PY THE CITY COMMISSION PY RESCINDING THE ORDINANCE; PROVIDING FOR THE CODIFICATION OF SECTION 2 OF THIS ORDINANCE AS A NEW ARTICLE 8.7, "CHATELAINE LOCAL GOVERN1VlENT NEIGHBORHOOD IMPROVEMENT DISTRICT"; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, existing physical and landscaping elements within the Chatelaine Neighborhood area can be considered ashaving acrime-to-environment relationship; ancl, WHEREAS, residents of the Chatelaine Neighborhood area believe that the creation of the Chatelaine Local Government Neighborhood Improvement District ("the District") will promote the health, safety and general welfare of the residents of the District, stabilize the neighborhood and enhance the desire to live in the area; and WHEREAS, pursuant to LDR Section 1.1.6, the Plarn~ing and Zoning Poard reviewed the proposed text amendment at a public hearing held on November 16, 2009 and voted to to recommend that the changes be approvec>i and WHEREAS, pursuant to Florida Statute 163.3174(4)(c), the Plarn~ing and Zoning Poarcl, sitting as the Local Plarn~ing Agency, has determined that the change is consistent with and furthers the goals, objectives and policies of the Comprehensive Plan; and WHEREAS, the City Commission of the City of Delray Peach adopts the findings in the Plarn~ing and Zoning Staff Report; and WHEREAS, the City Commission of the City of Delray Peach finds the ordinance is consistent with the Comprehensive Plan. NOW, THEREFORE, PE IT ORDAINED PY THE CITY COMNffSSION OF THE CITY OF DELRAY PEACH, FLORIDA, AS FOLLOWS: Section 1. That the recitations set forth above are incorporated herein. Section 2. That Article 8.7, "Chatelaine Local Government Neighborhood Improvement District", of the Land Development Regulations of the City of Delray Beach, Florida, be and the same is hereby enacted to read as follows: ARTICLE 8.7 CHATELAINE LOCAL GOVERNMENT NEIGHBORHOOD IMPROVEMENT DISTRICT Section 8.7.1 Chatelaine Local Government Neighborhood Improvement District: (A) Creation: A Local Government Neighborhood Improvement District, to be known as the Chatelaine Local Government Neighborhood Improvement District (the "District", , is hereby created Pursuant to Section 163.506 Florida Statutes, to include an area of aP~roximately 50.12 acres described as Flocks 1 thru 8, inclusive, and all of that Part of Parcel "A" leg south of a line rurn~ing from the Northeast corner of Lot 26, Flock 8, to the North~st corner of Lot 52, Flock 1, Plat No. 1 of Chatelaine, according to the Plat thereof, as recorded in Plat Book 29, at Pages 94 and 95, of the Public records of Palm Peach County, Florida, is hereby created A map of the above area is attached as exhibit "A" . (P Designation of Board of Directors: The Delray Peach City Commission is hereby designated as the Poard of Directors of the District. (C) Utilization of Tax or Special Assessment: The District is hereby authorized to levy an ad valorem tax on real and Personal ProPert,~ of uP to two mills annually to suP~ort Plarn~ing and implementation of District improvements. The District is hereby authorized to use special assessments, vursuant to Section 163.514(16), Florida Statutes, to suvvort nlarnzin~ and lementation of District improvements. (D) Authorit~~ply for and Receive a Planning Grant: The Chatelaine Local Government Neighborhood Improvement District created herein is hereby authorized to aP~I,T and receive a P ant from the D~zt of Legal Affairs. (E) Establishment of an Advisory Council: An Advisory Council is hereby established for the Chatelaine Local Government Neighborhood Improvement District. The Advisory Council shall be composed of no fewer than five (5) and no more than seven (~ members who shall be both owners of real Property located in the District and residents of the District. The 2 ORD. NO.60-09 prescribed by the Poard of Directors and shall submit within the time period specified by the Poard of Directors, a report on the District's proposed activities and a proposed budget to accomplish the District's obiectives. (F) Prohibition of Power: The City Commission of the City of Delray Peach may prohibit the use of any district power authorized by Florida Statute Section 163.514. (G) Dissolution of the District: The District maybe dissolved by the City Commission of the City of Delray Peach by rescinding the ordinance creating the District. The City Commission shall consider rescinding the ordinance if presented with a petition containing the signatures of sixty (60~percent of the residents of the District. Section 3. That upon the adoption of this ordinance, the Department of Legal Affairs and the Departinent of Community Affairs shall be notified within 30 days, in writing, of the establishment of the District, pursuant to Florida Statute Section 163.5055. Section 4. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or ward be declared by a court of competent jurisdiction to be invalid such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid Section 5. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed Section 6. That this ordinance shall become effective immediately upon its passage on second and final reading PASSED AND ADOPTED in regular session on second and final reading on this the day of , 2009. ATTEST City Clerk First Reading Second Reading MAYOR 3 ORD. 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