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01-19-10 Regular MeetingCity of Delray Beach Regular Commission Meeting ~~~ RULES FOR PUBLIC PARTICIPATION 1. PUBLIC COMMENT: The public is encouraged to offer comments with the order of presentation being as follows: City Staff, public comments, Commission discussion and official action. City Commission meetings are business meetings Tuesday~Tanuary 19.2010 and the right to limit discussion rests with the Commission. Generally, rernarks by an individual grill be limited to three minutes or less. The Mayor or Regular Meeting 6:00 p.m. presiding officer has discretion to adjust the amount of time allocated. Public Hearings 7:00 p.m. Commission Chambers A. Public Hearings: Any citizen is entitled to speak on items under this Delray Beach City Hall section. B. Gomments and Inquiries on Non-Agenda Items from the Public: Any citizen is entitled to be heard concerning any matter within the scope of jurisdiction of the Commission under this section. The Commission may withhold comment or direct the City Manager to take action on requests or comments. C. Regular Agenda and First Reading Items: Public input on agendaed items, other than those that are specifically set for a formal public hearing, shall be allowed when agreed by consensus of the City Commission. 2. SIGN IN SHEET: Prior to the start of the Commission Meeting, individuals wishing to address public hearing or non-agendaed items should sign in on the sheet located on the right side of the dais. If you are not able to do so prior to the start of the meeting, you may still address the Commission on an appropriate item. The primary purpose of the sign-in sheet is to assist staff with record keeping. Therefore, when you come up to the podium to speak, please complete the sign-in sheet if you have not already done so. 3. ADDRESSING THE COMMISSION: At the appropriate time, please step up to the podium and state your name and address for the record. All comments must be addressed to the Commission as a body and not to individuals. Any person making impertinent or slanderous remarks or who becomes boisterous while addressing the Commission shall be barred by the presiding officer from speaking further, unless permission to continue or again address the Commission is granted by a majority vote of the Commission members present. APPELLATE PROCEDURES Please be advised that if a person decides to appeal any decision made by the City Commission with respect to any matter considered at this meeting, such person will need to ensure that a verbatim record includes the testimony and evidence upon which the appeal is based. The City neither provides nor prepares such record. 100 NW 1st Avenue Defray Seaeh, Florida 33444 The City will furnish auxiliary aids and services to afford an individual with a disability an opportunity to participate in and enjoy the benefits of a service, Phone: (561) 243-7DOD program, or activity conducted by the City. Contact Doug Smith at 243-7010, Fax: (561} 243-3774 24 hours prior to the event in order for the City to accommodate your request. Adaptive listening devices are available for tr~eetings in the Commission Chambers. 1. ROLL CALL. 2. INVOCATION. 3. PLEDGE OF ALLEGIANCE TO THE FLAG. 4. AGENDA APPROVAL. 5. APPROVAL OF MINUTES: A. January 5, 2010 -Regular Meeting 6. PROCLAMATIONS: A. Recognizing and Commending the Delray Rocks Football and Cheerleading Squads B. Recognizing and Commending the winners of the 2009 Mayor's Cup -Delray Athletic Club C. Recognizing Black History Month -February 2010 D. Recognizing Catholic Schools Week -January 31-February 6, 2010 (Addetldum) 7. PRESENTATIONS: A. RESOLUTION NO. 02-10: Endorsing Employer Support of the National Guard and Reserve B. Recognize and commending Dr. Bradley Bradford -Pediatrics by the Sea C. National League of Cities Congress of Cities -Joseph Elisma D. S.P.I.R.I.T. (Service, Performance, Integrity, Responsibility, Innovation, Teamwork) Committee Quarterly Awards Presentation 8. CONSENT AGENDA: City Manager Recommends Approval. A. REVISION TO THE AGREEMENT/STANLEY CONVERGENT SECURITY SOLUTIONS, INC.: Approve a Revision to the Agreement with Stanley Convergent Security Solutions, Inc. for the installation of Phase II of the security/fire monitoring system at the Water Treatment Plant. B. AMENDMENT NO. 1/INTERLOCAL AGREEMENT/TOWN OF GULF STREAM: Approve Amendment No. 1 to the Interlocal Agreement with the Town of Gulf Stream to collect Palm Beach County impact fees and an administration fee in the amount of 3.~% of the total collected. a~/~~/aalo -2- C. HOUSING REHABILITATION GRANT/CONTRACT AWARD:. Approve one (1) Housing Rehabilitation Grant contract award (24S$ Sundy Avenue} i.n the amount of $17,645.25 to Jemstone Construction Gxoup, Inc. Funding is available ftotn 11$- 1963-554-49.19 (Neighborhood Services/Other Current Charges/Housing Rehabilitation). D. AMENDMENT TO THE COMMUNITY DEVELOPMENT BLOCK GRANT CDBG SUB-RECIPIENT FUNDING AGREEMENT FAIR HOUSING CENTER OF THE GREATER PALM BEACHES: Approve an amendment to the sub-recipient funding agreement with Fair Housing Center of the Greater Paln-~ Beaches under the Community Development Block Grant (CDBG) program for FY 2009-2010, to increase funding to $8,000 and include service provision to and focus on immigrant populations within Delray Beach. Funding is available from 118-1961-554- 49.17 (Neighborhood Services/Other Current Charges/Promotion of Fair Housing}. E. CONSENT TO ASSIGNMENT BOCA PARKING SYSTEMS TO SUNSHINE STATE PARKING LLC.: Approve a Consent to Assignment from Boca Parking Systems to Sunshine State Parking, LLC. for spaces in the Bob Federspiel Parking Garage. F. AGREEMENT/WORKFORCE ALLIANCE,___INC.~FLORID.A_ .BACK TO WORK PROGRAM: Approve an Agreement hetween the City and Workforce Alliance, Inc., to participate in the Florida Back to Work Program. G. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period January 4, 2010 through January 1S, 2010. H. AWARD OF BIDS AND CONTRACT5: 1. Bid award to Phoenix Landscape Maintenance, Inc. at an estimated annual cost of $2$,262.36 for landscape maintenance of medians on Homewood Boulevard, Linton Boulevard and three (3} on Military Trail. Funding is available from 119- 4144-572-46.40 (Beautification Trust Fund/Repair & Maintenance Services/Beautification Maintenance). 2. Contract award to Special Products Group isi the estimated annual amount of $75,000AO for uniform procurement for Fire-Rescue Department personnel. Funding is available from 001-2315-526-52.22 (General Fund/Operating Supplies/I Tnifoxms/Linen Service}. 3. Purchase award to The Mohawk Group in the amount of $64,3$1.15 for replacement carpeting at the Police Department. Funding is available from 334- 2111-521-46.10 (General Construction Fund/Repair & Maintenance Services/Building Maintenance}. 01/19/2010 . 3 _ REGULAR AGENDA: A. AMENDMENT NO. 3 TO AGREEMENT WITH COASTAL COMMERCIAL GROUP, LLC.: Consider approval of Amendment No. 3 to the Agreement with Coastal Commercial Group, LLC, for an extension of the Agreement to June 1, 201 ~ as well as a minimal reimbursement fee to Coastal, on an annual basis, during the term of this Agreement. B. RE,jECTION OF ALL BIDS/LANDSCAPE MAINTENANCE PROTECT: Consider a request to reject all bids and re-bid Bid #2010-16-Landscape Maintenance fox I-95 Interchanges at Atlantic Avenue and Linton Blvd., plus the 10th Street overpass. C. CONSIlER ISSUING A REQUEST FOR PROPOSALS (RFP,) FOR TROLLEY STYLE VEHICLES: Provide direction to staff on whether to advertise a Request fox Proposals (RFP) for trolley style vehicles to operate the Downtown Roundabout. D. APPOINTMENT TO THE CODE ENFORCEMENT BOARD: Appoint one (1) regular member to serve a three (3) pear term ending January 14, 2012 on the Code Enforcement Board. Based upon the rotation system, the appointment will be made by Commissioner Gray {Seat #4). E. STATUS REPORT ON WASTE MANAGEMENT ISSUES (Addendum) 10. PUBLIC HEARINGS: A. ORDINANCE NO. 04~-10: Consider modification of the Blood's Grove SAD (Special Activities District) Ordinance No. 46-07, in conjunction with a change to add an additional 1,0$$ sq. ft. to an existing 29,780 sq. ft. medical office building to total 30,868 sq. ft. for the Midtown Medical Building, located at the southwest corner of Linton Boulevard and Old Gertnantawn Road (4600 Linton Boulevard). (Quasi- Judicial Hearixzg) (The applicant has request this ordirra.~ce TABLED uxrtil the February 2, 20.10 City Commission Meeting) B. ORDINANCE NO. 03-10: Consider a privately-initiated rezoning from CF (Community Facilities} to RM (Medium Density Residential) fora 0.387 acre parcel of land known as the Bordman Property, located on the west side of Oceanview Avenue, south of Gulfstream Boulevard. (Quasi Judicial Hearing) C. ORDINANCE NO. 01-10 (SECOND READING/SECOND _ PLTBL,IC HEARI_~NG): Consider acity-initiated amendment to Land Development Regulations (LDR) pertaining to Assisted Living Facilities and Continuing Care Facilities. D. ORDINANCE NO. 02-10 (SECOND READING/SECOND_ PUBLIC HEARING): Consider acity-initiated amendment to the Land Development Regulations (LDR) pertaining to Community Residential Homes and Group Homes. 01/19/2010 -4- E. ORDINANCE NO. 05-10: Consider a city-initiated amendment to the Land Development Regulations (LDR} Section 2.4.7{G), "Requests for Reasonable Accommodation", to provide an exception to the pxoperty address requirement on the "Request Form for Reasonable Accommodation". 11. COMMENTS AND INQUIRIES ON NONMAGENDA ITEMS FROM THE PUBLIC IMMEDIATELY FOLLOWING PUBLIC HEARINGS. A. City Manager's response to prior public coxnuments and inquiries. B. From the Public. 12. FIRST READINGS: A. ORDINANCE NO. 06-10: Consider an ordinance amending Section 53.064, "Prevention of Accidental Discharges", by removing redundant size limits on above ground storage tanks from this section. If passed, a public hearing will be held on February 2, 2010. 13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS. A. City Manager B. City Attorney C. City Commission POSTED: JANUARY 15, 201© 01/19/2010 -5- CITY COMMISSION CITY OF DELRAY BEACH, FLORIDA REGULAR MEETING -TUESDAY ANUARY 19 2010 6:00 P.M. -- COMMISSION CHAMBERS AGENDA ADDENDUM THE AGENDA IS AMENDED BY ADDING THE FOLLOWING ITEM: 6. PROCLAMATIONS: D. Recognizing Catholic Schools Week -January 31-February 6, 2010 (Addendum) 9. REGULAR AGENDA: E. Status Repart on Waste Management Issues (Adderidum) 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. ..P ~. .~,_ .~.~~.__, .r_ _ ~_~~ ._.,. ~): ~ ~ ~ i; ,.._~_~ ~ - a ~ ~~ ;,~{~~, E 3 1 r~ J ~ ~ E ~ 4 ~"'JJ ~ ~ 1 - d ~~ _,.-., ti _. _....,..szw..i st. ~ctneet~t ~entcen ~ahis~ SC~oo~ January $, 2010 Mayor Woody McDuffie City of Delray Beach 100 NW 1St Street Delray Beach, liL 33444 Dear Mayor McDuffie: Happy New Year! Our annual observance of Catholic Schools Week will be here soon, and we would like to mark the occasion by extending an invitation for you to join us for our opening day prayer service ur. ivlonday, 1'ebt•uary 1'' at i;:1:~ am. Uur scliooi has boon an integral pa~•k of the city of Delray Beach since 1955. Our alumni have gone on to careers that have brought many of them back to their hometown of Delray Beach and where they.have chosen our school for their own children. My assistant principal and two of my teachers are examples of this. By providing education to more than 2.2 million students, Catholic Schools save the nation almost $20 billion a year in education costs. More than 99 percent of catholic school students graduate, and 94 percent go to college. Our middle school students are active within the community of Delray Beach having assisted once again in building the Christmas tree, collecting food for the Community Food Pantry and making sandwiches on a monthly basis for tl~e Caring Kitchen. We participated in the Delray Beach Christmas Parade and won first place in-our division this year. We are a vibrant active carr~pus with activities for young and old throughout our school and parish. This year's Catholic Schools Weelc theme is ``Catholic Schools: Dividends for Life. As members of the City of Delray Beach Chamber, we have received educational grants that have benefited our academic and sports programs and assisted us in promoting our school within our community. We thank you, Mayor McDuffie and the City of Delray Beach for helping us in our mission to provide high-quality education that infuses students with faith, knowledge, morals and discipline. Your support provides our students with areal-life example of how service can truly make a difference in our community. Thank you for helping us as we educate the next generation of community leaders. `i4~C' loo1G foA~:%ar~l iC.l~^!"'i:r"'-, 471ir'.~rpe3:I: ~ ~.kj' ~WE•ti'.~fi?:'. :~~Itl j'3iI u~'v~'e p'ocl=~ltn i.^, aSi ~!! C;••1•,°,-t iT^~. s _ ~ti~~iii N r.~ ::r service that the City of Delray Beach recognizes the week of 113 1-21611 0 as Catholic Schools Week. 1've enclosed a sample of such a proclamation with this letter as instructed by the City Manager's Office. Thank you for your time and consideration to our request. Please feel free to call me should you need any further clarification. The children and 1 eagerly await your response. Blessings in the New Year, Mrs. M. Vikki Delgado, Principal .. ' 810 George Bush Boulevard • Delray Beach, Florida 33483 HOME OF THE VIKINGS Accredited by Ftarida Catholic Conference (561) 278.3$6$ • Fax (561) 279-9508 • Email: st office®yahoo.cofn • Website: www.stvfschool.org ~ec~w~~ r}`1 e~~r~ ~ t- tea ~c~~ ~ ~~ ~~,.. D ~~~ ~~~ ~~ ~ ~~ WHEREAS, the Catholic schools of Florida, and indeed of the entire nation, have provided outstanding education to their students, thus contributing to the welfare of the entire state; and WHEREAS, Catholic schools produce students strongly dedicated to their faith, values, families and communities by providing an intellectually stimulating environment rich in spiritual, character and moral development; and WHEREAS, Catholic schools teach a diverse group of students; and WHEREAS, the catholic schools have trained many of the fine leaders in Florida of both the Catholic Church and the state; and WHEREAS, by their very existence the Catholic schools have kept alive the principle of freedom of choice in education: NOW THEREFORE, 1, Woody McDuffie, Mayor of Delray Beach, do hereby proclaim January 31 through February 6, 2010 as Catholic Schools Week in the City of Defray Beach and I urge all citizens to discover far themselves the outstanding achievements of the Catholic School System in Florida and join the activities taking place in observance of this occasion. I also take this time to congratulate Catholic school students, parents and teachers for their ongoing contributions to education and for the key role they play in promoting and ensuring a brighter, stronger future far our city. Given Under My Hand and the Great Seal of the Office of the Mayor of Defray Beach in the State of Florida on the 8'" day of January 2010. Mayor Woody McDuffie c~'~ ,' ~ ` ,,cf~ OFFICE OF THE ASSISTANT SECRETARY OF DEFENSE FLORIDA COMMITTEE FOR EMPLOYER SUPPORT OF THE GUARD AND RE; 2983 Compton Way, Tallahassee Fl 32309 RE: Statement of Support far Employer Support of the Guard and Reserves (ESGR} Dear Florida League of Cities Members, ~~~~o~~(' ocr a o Zoos LI CITY COMMISSION On behalf of the Florida ESGR Committee it is my honor to thank you for your outstanding participation and support of ESGR's Statement of Support (SOS} program. The Florida League of Cities (FLC) unanimously passed a resolution in support of this effort at their 15 August Annual Conference in Orlando and your effort and support resulted in Florida becoming the FIRST state in the nation to have 100% of the FLC membership executing the Statement of Support. This is a major milestone and sets the example for the rest of the nation to follow. We are confident the rest of the League of Cities across the nation will follow your lead. The FLC leadership will be assisting the other League of Cities to match what you have accomplished. ESGR is a Department of Defense Organization and its committee members volunteer their time in support of the men and women of the National Guard and Reserves, their families and employers. ESGR provides free education, consultation and if necessary mediation for employers of Guard and Reserve employees. ESGR's goal is to support America's employers who share their employees with the nation to ensure our national security. Your League President, Mayor John R. Marks, III sent a letter to everyone announcing this effort and initiated steps for the FL ESGR Committee to complete the application process for all of the members that desired to participate. The registration for a11410 members of the Florida League Cities was completed on 07 October. As of this date, you became a SOS member and part of the First state to reach the 100% mark. You will find enclosed the SOS with the name of your City/Town printed and ready for signature by the official of your choice. We recomamend you sign this upon receipt. The Florida ESGR Committee is offering to participate with as many as possible of the 410 FLC members in a formal presentation of the SOS during a Commission Meeting or other venue of your choosing. We have participated in a number of these presentations in the past and they are hugely rewarding for all concerned. In fact, we presented the first of the 410 SOSs to your Presid~t Mayor Marks and the City of Tallahassee on 07 October. It was great event and covered by media which spread the word of the selfless service of these Reservists and their Families and how the City of Tallahassee has committed itself to supporting these great American Patriots. When we do the SOS presentation, we like to have the Cities/Towns invite all of their Employees that are members of the Reserve Components to participate along with their spouses to be recognized and honored for their service. We also give the Commissioners the opportunity to sign a SOS during the presentation and offer the audience the opportunity to join the City/Town and Commissioners in signing a SOS far their companies. The SOS presentation enhances the community and businesses awareness and support for the Men and Women of the Guard and Reserves. If you would like to have a FL ESGR Committee member participate in your SOS presentation, please send us an email request at FL.SOS@ floridaesgr.com. Please include your point of contact, email address, phone numbers and possible ceremony dates, so we can work together to schedule a date and time. I know many of you executed the SOS in the past and we thank you for your support. We are registering you again as a reconfirming of your support and encouraging you to participate in a formal presentation of this new SOS to emphasize your patriotic commitment and to encourage others businesses and organizations in your community to follow your leadership. If you would like to script a Resolution, we have enclosed a recent one by Mayor Don Slesnick of Coral Gables. A resolution is not required, but it certainly adds additional emphasis to the Event. EMPLOYER SUPPORT OF THE GUARD AND 3ZESERVE You can view state listing of SOS signers at the ESGR Web site, wtiw~~~~.esg~•.rnil; click on "Programs" near the top center of the page and then click on "Statement of Support." Choose the state of Florida on the map of the U. S. and a list of SOS supporters-will appear:::.. On behalf of the men -and women serving in the National Guard and Reserves, their families, employers and the Florida ESGR Committee, I want to thank you for your outstanding commitment and support as community leaders. You are number one in our book and lead by example. Sincerely, Phillip Speake Chairman FL ESGR CITY OF CORAL GABLES, FLORIDA RESOLUTION 2009-228.. A RESOLUTION ENDORSING EMPLOYER SUPPORT FOR THE NATIONAL GUARD AND RESERVE, IN FURTHERANCE OF OUR COUNTRY'S SERVICE MEMBERS AND THEIR FAMILIES DURING TIME OF NEED; FURTHER INSTRUCTING THE CITY CLERK TO TRANSMIT SAME TO THE CHAIRMAN OF THE NATIONAL COMMITTEE FOR EMPLOYEE SUPPORT OF THE GUARD AND RESERVE. WHEREAS, the City of Coral Gables as an employer who proffers unconditional support for the Guard and Reserve recognizes that the Natianal Guard and Reserve are essential to the strength of our nation and the well being of our communities; and WHEREAS, in the highest of American tradition, the patriotic meta and women of the Guard and Reserve serve voluntarily in an honoxable and vital profession; whereby they are trained to respond to their community and their country during time of need; further acknowledging that said individuals deserve the support of every segment of our society; and WHEREAS, if these volutateer farces are to continue to serve our nation, increased public understanding is required of the essential role of the Guard and Reserve in preserving our national security; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF CORAL GABLES: SECTION I. That foregoing "Whereas" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption hereof, SECTION 2. That the City Commission does hereby loin other employees in pledging that it fully recognizes, honors and enforces the Unifarrtaed Services Employment and Reemployment Rights Act (USERRA). SECTION 3. That our managers and supervisors will have the tools they need to effectively manage those employees who serve in the Guard and Reserve. SECTION 4. That we will continually recognize and support our country's service mernbers and their families in peace, in crisis, and in war. Page 1 of 2 - Resolution No. 2009-228 SECTION S. That the City Clerk is hereby instructed to transmit a copy of this resolution to both the Chairman of the National Committee and the Chair of the Florida Committee for Employer Support of the Guard and Reserve. SECTION b. That this resolution is effective immediately upon the date of its passage and adoption herein. PASSED AND ADOPTED THIS TWENTY-FIFTH DAY OF AUGUST, A.D., 20Q9. (Moved: Cabrera/ Seconded: Anderson) (Yeas: Cabrera, Kerdyk, Withers, Anderson, Slesnick) (Unanirnaus: 5-D Votej (Agenda Item: G7j .~ ~ . ;~ a,~~~ ,~'` rte-.. WAL'1'E~ J. FOEMAN CITY CLERK APPROVED: .• L -DONALD D. SLESNICK II MAYOR APPROVED A5 TO FORM AND LEGAL SUFFICIENCY; E• M.HERNANDEZ CITY AT Y Page 2 of 2 -Resolution No. 2D04-228 WHEREAS, the Catholic schools of Florida, and indeed of the entire nation, have provided outstanding education to their students, thus contributing to the welfare of the entire state; and WHEREAS, Catholic schools produce students strongly dedicated to their faith, values, families and communities by providing an intellectually stimulating environment rich in spiritual character and moral development; and WHEREAS, Catholic schools teach a diverse group of students; and WHEREAS, the Catholic schools have trained many of the fine leaders in Florida of bath the Catholic Church and the state; and WHEREAS, by their very existence the Catholic schools have kept alive the principle of freedom of choice in education. NOW, THEREFORE, I, NELSON S. McDUFFIE, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission, do hereby proclaim the week of January 3I, 2010 through February 6, 2010 as: Cl~~~~C Srr~~~ ~~~ in the City of Delray Beach and urge all citizens to congratulate Catholic school students, parents and teachers for their ongoing contributions to education and for the key role they play in promoting and ensuring a brighter, stronger future for our city. IN THE WITNESS WHEREOF, 1 have hereunto set my hand and caused the Official Seal of the City of Delray Beach, Florida, to be affixed this 19th day of January 2010. NELSON S. McDiTFFIE MAYOR Addendum to Proclamations; Item 6.D. City of Delray Beach City Clerk's Dice MEMORANDUM TO: Mayor McDuffie Commissioner Eliopoulos Commissioner Fetzer Commissioner Frankel Commissioner Gray ' ~ FROM: Venice Cobb, Executive AssistantlBoard Liaison ~ SUBJECT: AGENDA ITEM 9.D. -CODE ENFORCEMENT BOARD APPOINTMENT DATE: Tanuary 19, 2010 Please be advised that Mr. Waymon Dixon submitted his application on Tuesday, January 19, 2010, and would like to be considered for appointment to the Code Enforcement Board. The appointment is scheduled to be made at tonight's City Commission meeting. His application is attached for your review. Thank you. C1TY OF DELRAY BEACH ~ ~ ~~~ BOARD ME1~ItBER APPLI ~~(~ ® ~ . ~ 9s3 - .fAN ~ 9 2af~~~ . zoos Please type ornrint the foIlowin~ information: ~~TY ~~-~~{K ~~f~ ~~~- 1. Last Namme: Name - M I. • f r 2. HoII1e Address: City State ~7 Zxp Code ~r q ~(1~ Gl d S ~ ~ ,o - ~ l e~.~. ~ ~ 3. Legal Residence: City State Zip Code 4. Principal Business Address: City State -Zip Code 1 N~ ti/, S~ ~, ,~ ~~ /.~~ Q~~ !~~- ~~~~ 5. Mme Phone: Business Phone: E-Mail Address:. ~ 11 Phone: Fay • 7 S1 3.5 ~ a ~~S ~ S( - ~ cv~-~ ~ x-c~~ hel/5~~,~~ 6I- 7 ~~3 Sy 6. 1]ate of Bush 7. Are yvu a regystered voter? It so, where are you registered.? oa-~7-s 8. What Board(s) are•you interested in serving? Please list in order of p f rence:t ~--~ r ~ C~ ct c ~ ~ ~ `ah 9. List all C'ayBoards on which you are currentlrserving orhave previouslyserved: {Please include dates Lu. r.[I.ucauonal quatuications: _ ` S S- ~ - ~ ~} ~ S~ ll. L~ t anyrelated professional cenaficati aid licenses which youAAhol ~ ~ f -lam / f A /'~ _ i ~ !1 M r /' ~ 12. Give your present, or most recent employer, and position: / i _..S. /7 cr r r., -- --....~~i . /L-n-~'- ~ .~. ~ ~, .., _~ ~ ~ eJ P,SSrt .~i _ 1~_'Describe experiences, skills or kno~dvl~d~e wlur~ qualifyyou tp sei-e on this board: (Please attach a brief resume) i,~r mat all the above statemenu are true, and I agree and understand that any misstaterzierzc of rnateza; this applicatio ~ y case forfeiture upon my part of any appainunent I may receive_ (~ / Ibis application will remain on file in the City Clerl~s OFfice for a period of 2 years from the date it was submitted It will be the applicant's responsbility tQ ensure that a current application is on File. Waymon Tyrone Dixon, Born, February 17,1954, Plant City, Florida The Reverend Wayrnon Tyrone Dixon is an ordained itinerant elder in the African Methodist Episcopal Church. He graduated froze three distinguished universities and seminaries in America: Florida State University of Tallahassee, Florida, Turner Seminary of the Interdenominational Theological Center (ITC) of Atlanta, Georgia, and Boston University School of Theology in Boston, Massachusetts. He is the recipient of three earned degrees: the Bachelor of Science degree in Government, the Master of Divinity degree with a concentration in Systematic Theology and the Master of Sacred Theology in Liturgics and Philosophical Theology. At Boston University School of Theology he matriculated in the Doctor of Theology degree program with a triple major in Philvsaphical Theology, Pastoral Psychology and Liturgics. He also studied Pharmacy at Florida Agricultural and Mechanical University. Reverend Dixon is listed in Who's Whn in American Colle es and Universities in the Cra of Poetrv [1975), The Outstandin Youn Men of America (1979), and The National Dean's List (1980). He was awarded The John A. Middleton Scholarship for Ministerial Students at Turner Seminary of the Interdenominarional TheoIogicaI Center and The Martin Luther King, Jr., Scholarship from the prestigious Fund For Theological Students at Boston University. He served concurrently as the President-Dean of B. F. Lee Seminary , in Jacksonville, Florida and as Dean of Evangelism for the Connectional Department of Evangelism for the Iate Dr. Y. Benjamin Bruce while stationed at Greater Grant Memorial AME Church in Jacksonville, Florida from 1988 tv 1991. He served as an adjunct member of the faculties of Lake Sumter Community College, Asbury Theological Seminary and Bethune-Covkman University in the Department of Philosophy & Religion. A third generational preacher in the African Methodist Episcopal Church, he is a native of Plant City Florida and the son of a former share-cropper, the late Reverend Charles Delano Dixon, Sr. and a strawberry schoolteacher, Mrs. Mary Lee Collins Dixon, Reverend Dixon is married tv Mrs. Joycelyn Elizabeth Jordan-Dixon, who is an educator in the Palm Beach County School System. Together the Dixons have three children. From ~OD4 to present he was appointed by Bishop McKinley Young to Saint Paul African Methodist Episcopal Church in Dehay Beach, Florida, where he was elected to the office of Cv-President of the Delray Beach Clergy Association. He is the Vice-Chairman of the Eleventh Episcopal District Board of Examiners and the Executive Director of Continuing Education. in the Eleventh Episcopal District of the Global Connectional African Methodist Episcopal Church embracing FIorida and the Bahamas. Page 1 of 1 MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: January 19, 2010 SUBJECT: AGENDA ITEM 9.E. - REGUUAR COMMISSION MEETING OR JANUARY 19 2010 STATUS REPORT ON WASTE MANAGEMENT 1SSUES ITEM BEFORE COMMISSION The City Manager will give a status report on the issues which have been raised regarding our Waste Management franchise and payments to the city, and to Waste Management from the city. http://miweb001/AgendasBluesheet.aspx?ItemID-29{9&MeetingID=230 1/19/2010 City of Delray Beach Regular Commisslon Meeting Chevel[e D. Nubia, CITY CLERK ***Agenda Packet's*~ L~~~n f/ 1 RULES FOR PUBLIC PARTICIPATION 1. PUBLIC COMMENT: The public is encouraged to offer comments with the order of presentation being as follows: City Staff, public comments, Commission discussion and official action. City Commission meetings are business meetings Tuesda~Tanuar~ 19, 2010 and the right to limit discussion rests with the Commission. Generally, remarks by an individual will be limited to three minutes or less. The Mayor or Regular Meeting 6.00 p.m. presiding offacer has discretion to adjust the amount of time allocated. Public Hearings 7:00 p.m. Commission Chambers A• Public Hearings: Any citizen is entitled to speak on items under this Delray Beach City Hall section. B. Comments and Inquiries on Non-Agenda Items from the Public: Any citizen is entitled to be heard concerning any matter within the scope of jurisdiction of the Commission. under this section. The Commission may withhold comment or direct the City Manager to take action on requests or comments. C. Regular Agenda and First Reading Items: Public input on agendaed items, other than those that are specifically set far 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 an 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 an an appropriate item. The primary purpose of the sign-in sheet is to assist staff with record keeping. Therefore, when you coarse up to the podium to speak, please complete the sign-in sheet if you have not already done so. 3. ADDRESSING THE COMMISSION: At the appropriate time, please step up to the podium and state your name and address for the record. All comments must be addressed to the Commission as a body and not to individuals. Any person making impertinent or slanderous remarks or who becomes boisterous while addressing the Commission shall be barred by the presiding officer from speaking further, unless permission to continue or again address the Commission is granted by a majority vote of the Commission members present. APPELLATE PROCEDURES Please be advised that if a person decides to appeal any decision made by the City Commission with respect to any matter considered at this meeting, such person will need to ensure that a verbatim record includes the testimony and evidence upon which the appeal is based. The City neither provides nor prepares such record. 100 NW 1st Avenue Delray Beach, Florida 33444 The City will furnish auxiliary aids and services to afford an individual with a disability an opportunity to participate in and enjoy the benefits of a service, Phone: (561) 243-7000 program, or activity conducted by the Ciry. Contact Doug Smith at 243-7410, Fax: (5G1} 243-3774 24 hours prior to the event in order for the City to accoxnumodate your request. Adaptive listening devices are available for meetings in the Commission Chambers. 1. ROLL CALL. 2. INVOCATION. 3. PLEDGE OF ALLEGIANCE TO THE FLAG. 4. AGENDA APPROVAL. 5. APPROVAL OF MINUTES: A. January 5, 2010 -Regular Meeting 6. PROCLAMATIONS: A. Recognizing and Commending the Delray Rocks Football and Cheerleading Squads B. Recognizing and Commending the winners of the 2009 Mayor's Cup - Delray Athletic Club C. Recognizing Black History Month -February 2010 7. PRESENTATIONS: A. RESOLUTION NO. 02-10: Endorsing Employer Support of the National Guard and Reserve B. Recognize and commending Dr. Bradley Bradford -Pediatrics by the Sea C. National League of Cities Congress of Cities -Joseph Elisxz~a D. S.P.I.R.I.T. (Service, Performance, Integrity, Responsibility, Innovation, Teamwork) Committee Quarterly Awards Presentation 8. CONSENT AGENDA: City Manager Recommends Approval. A. REVISION TO THE AGREEMENT STANLEY CONVERGENT SECURITY SOLUTIONS,_,„_TNC • Approve a Revision to the Agreement with Stanley Convergent Security Solutions, Inc. for the installation of Phase II of the security/fire monitoring system at the Water Treatment Plant. B. AMENDMENT NO. 1 INTERLOCAL AGREEMENT TOWN OF GULF STREAM: Approve Amendment No. 1 to the Interlocal Agreement with the Town of Gulf Stream to collect Palm Beach County impact fees and an administration fee in the amount of 3.4°/a of the total collected. 01/19/2010 -2- C. HOUSING REHABILITATION GRANT CONTRACT AWARD: Approve one (1) Housing Rehabilitation Grant contract award (2485 Sundy Avenue} in the amount of $17,645.25 to Jemstone Construction Group, Inc. Funding is available from 11$- 1963-554-49.19 (Neighborhood Services/Other Current Charges/Housing Rehabilitation}. D. AMENDMENT TO THE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBGLUB-RECIPIENT FUNDING AGREEMENT/FAIR,._HOUSING CENTER OF THE GREATER PALM BEACHES: Approve an amendment to the sub-recipient funding agreement with Fair Housing Center of the Greater Palm Beaches under the Community Development Block Grant (CDBG) program for FY 2009-2010, to increase funding to $$,000 and include service provision to and focus on inux~igrant populations 'within Delray Beach. Funding is available from 118-1961-554- 49.17 (Neighborhood Services/Other Current Charges/Promotion of Fair Housing). E. CONSENT TO ASSIGNMENT BOCA PARHING SYSTEMS TO SUNSHINE STATE PARHING LLC.: Approve a Consent to Assignment from Boca Parking Systems to Sunshine State Parking, LLC. for spaces in the Bob Federspiel Parking Garage. F. AGREEMENT/WORKFORCE ALLIANCE, INC./FLORIDA BACK TO WORK PROGRAM: Approve an Agreement between the City and Workforce Alliance, Inc., to participate in the Florida Back to Wark Program. G. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period January 4, 2010 through January 15, 2010. H. AWARD OF BIDS AND CONTRACTS: 1. Bid award to Phoenix Landscape Maintenance, Inc. at an estimated annual cast of $28,262.36 for landscape maintenance of medians on Homewood Boulevard, Linton Boulevard and three (3) on Military Trail. Funding is available from 119- 4144-572-46.40 (Beautification Trust Fund/Repair & Maintenance Services/Beautification Maintenance). 2. Contract award to Special Products Group in the estimated annual amount of $75,000.00 far uniform procurement for Fire-Rescue Department personnel. Funding is available from 001-2315-526-52.22 (General Fund/Operating Supplies/Uniforms/Linen Service). 3. Purchase award to The Mohawk Group in the amount of $64,3$1.15 for replacement carpeting at the Police Department. Funding is available from 334- 2111-521-46.10 (General Construction Fund/Repair & Maintenance Services/Building Maintenance}. 01/19/2010 -3- 9. REGULAR AGENDA: A. AMENDMENT NO. 3 TO AGREEMENT WITH COASTAL COMMERCIAL GROUP,,,.,LLC_..: Consider approval of Amendment No. 3 to the Agreement with Coastal Commercial Group, LLC, far an extension of the Agreement to June 1, 2015 as well as a rrlinimal reimbursement fee to Coastal, on an annual basis, during the term of this Agreement. B. REJECTION OF ALL BIDS/LANDSCAPE MAINTENANCE „PROJECT: Consider a request to reject all bids and re-bid Bid #2010-16-Landscape Maintenance for I-95 Interchanges at Atlantic Avenue and Linton Blvd., plus the 10th Street overpass. G CONSIDER ISSUING A REQUEST FOR PROPOSALS ~RFP) FOR TROLLEY STYLE VEHICLES: Provide direction to staff on whether to advertise a Request fox Proposals (RFP) for trolley style vehicles to operate the Downtown Roundabout. D. APPOINTMENT TO THE CODE ENFORCEMENT BOARD: Appoint one (1) regular member to serve a three {3) year term ending January 14, 2012 on the Cade Enforcement Board. Based upon the rotation system, the appointment will be made by Commissioner Gray {Seat #4). 10. PUBLIC HEARINGS: A. ORDINANCE NO. 04-I0: Consider modification of the Blood's Grove SAD (Special Activities District) Ordinance No. 46-07, in conjunction with a change to add an additional 1,0$8 sq. ft. to an existing 29,7$0 sq. ft. medical office building to total 30,$68 sq. ft. for the Midtown Medical Building, located at the southwest corner of Linton Boulevard and Old Germantown Road (4600 Linton Boulevard). (Quasr- Judicial Hearing) ("Ihe applicant has request th.rs ordinance TABLED rzxxtil the February2, 20.10 City Commission Meeting) B. ORDINANCE NO. 03-10: Consider a privately-initiated rezoning from CF (Community Facilities} to RM (Medium Density Residential) fora 0.387 acre parcel of land known as fine Bondman Property, located on the west side of Oceanview Avenue, south of Gulfstreain Boulevard. (Quasi Judicial Hearing) C. ORDINANCE NO. OL-14 SECOND READING SECOND PUBLIC HEARINGI: Consider acity-initiated amendment to Land Development Regulations (LDR) pertaining to Assisted Living Facilities and Continuing Care Facilities. D. ORDINANCE NO. 02-10 SECOND READING SECOND PUBLIC HEARING): Consider acity-initiated amendment to the Land Development Regulations (LDR) pertaining to Community Residential Homes and Group Homes. 01 /19/20J.0 -4- E. ORDINANCE NO. d5-10: Consider a city-initiated at~endment to the Land Development Regulations (LDR) Section 2.4.7(G), "Requests for Reasonable Accommodation", to provide an exception to the property address requirement on the "Request Form for Reasonable Accommodation". 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. OG-1Q: Consider an ordinance amencling Section 53A64, "Prevention of Accidental Discharges", by removing redundant size limits on above ground storage tanks from this section. If passed, a public hearing will be held on February 2, 2010. 13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS. A. City Manager B. City Attorney C. City Commission POSTED: JANUARY 75, 2070 41/19/2010 -5- JANUARY 5, 2010 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, January S, 2010. 1. Roll call showed: Present - Commissioner Gary P. Eliopoulos Commissioner Fred B. Fetzer Commissioner Adam Frankel Commissioner Angeleta E. Gray Mayor Nelson 5. McDuffie Absent - None Also present were - David T. Harden, City Manager Robert A. Barcinski, Assistant City Manager Brian Shutt, City Attorney Chevelle D. Nubin, City Clerk 2. The opening prayer was delivered by Reverend Ron Arflin with Abbey Delray South. 3. The Pledge of Allegiance to the flag of the United States of America was given. 4. AGENDA APPROVAL. Mr. Eliopoulos requested that Item 8.E., Hold Harmless A~reementlStanmore Development, LLC/Midtown Delray, be moved from the Consent Agenda to the Regular Agenda as Item 9.A.A. Mayor McDuffie stated there is revised information (parking lot map) far Item $.F., Hold Harmless Agreement/Stanmore Development, LLC/Midtown Delray. Mr. Fetzer 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. Eliopaulos -Yes. Said motion passed with a S to 0 vote. O l /05110 5. APPROVAL OF MINUTES: Mrs. Gray moved to approve the Minutes of the Regular Meeting of December 1, 2009, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mr. Frankel -Yes; Mrs. Gray -Yes; Mayor McDuffie -Yes; Mr. Eliopoulos - Yes; Mr. Fetzer -- Yes. Said motion passed with a 5 to 0 vote. Mrs. Gray moved to approve the Minutes of the Regular Meeting of December 8, 2009, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mrs. Gray -Yes; Mayor McDuffie -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer - Yes; Mr. Frankel -Yes. Said motion passed with a S to 0 vote. 6. PROCLAMATIONS: 6.A. Martin Lather King, Jr. Day -January 18, 2010 Mayor McDuffie read and presented a proclamation proclaiming January 18, 2010 as Martin Luther King, Jr. Day. Lillian Strainge came forward to accept the proclamation who gave a few brief comments. y h Poetry Week -January 18-23,_2010 .B. _elra Beac,._.,_.. - Mayor McDuffie read and presented a proclamation proclaiming January 18-23, 2010 as Delray Beach Poetry Week. Miles Coon came forward and gave a few brief comments. 6.C. Mental Health Month - Jannary 2010 Mayor McDuffie read and presented a proclamation hereby proclaiming the month of January as Mental Health Month. Dr. Karen Eriksen, Mr. Joseph Speicher, Gloria Richardson and Dr. Patty Shutt came forward to accept the proclamation. Mr_ Speicher gave a few brief comments. 7. PRESENTATIONS: 7.A. "You are Not Alone" -Dave and Creig Smith Creig Smith stated Project Holiday was the 4`h Annual Project Holiday and they are the military "You are Not Alone" emotional support group and they help a number of members of Delray Beach and surrounding communities to deal with the issues that come up when someone is deployed in the military or when they return from a deployment. Mrs. Smith invited everyone to join them on the fourth Thursday of the month at 6:00 p.m. in the Community Center here in Delray Beach. She stated they did a Project Holiday this year which was sponsored by Delray Beach. Mrs. Smith stated many volunteers donated many good things to send packages to the troops. She stated over 65 people worked from 8:00 a.m. until 5:00 p.m. and in total from October 20, 2009 through November 20, 2009 they collected monetary donations of $5,172.00, an 2 01/05/10 inventory of items of more than $35,000.00 worth of goods donated mostly in small amounts, and there were aver 22,000 items donated. Mrs. Smith thanked the Fire-Rescue and Police Department, City Commission, the Library and everyone who helped and donated. In addition, the National Honor Society from Palm Beach Gardens High School helped at the packing event and the Atlantic High School Honor Guard came out and did a lovely presentation at the packing event and people came from as far away as Hollywood. Delores Rangel, Administrative Assistant, gave a brief PowerPoint presentation and stated 313 boxes were shipped this year compared to 70-90 boxes. Mrs. Rangel stated the Commission, Representative Ron Klein, County Commissioner Steve Abrams, former Commissioner Mackenson Bernard who is now a State Representative, Anne Gannon, and Alcee Hastings aide came out and helped with the packing. Mrs. Rangel stated the ROTC from Atlantic High School came out and gave a formal presentation of the flags. Mrs. Rangel stated Alberta McCarthy was unable to attend; however, she has been the driving force behind "You Are Not Alone". Mrs. Rangel stated her daughter Melissa has successfully completed five tours in Iraq and married last April. Mrs. Rangel stated because both she and her husband are both in the air force one of them had to do a separation of the military and she chose to separate from the military with honors after six years of continued service to them. Mrs. Rangel stated Melissa is now married and living with her husband in England. Mrs. Rangel stated Toyce Kaufman who is a radio station D7 got the word out and people came from everywhere bringing donations. Mrs. Rangel stated they received over $5,000.00 in donations in money alone and noted the community is really supporting them. At this point, Mayor McDuffie presented Special Recognition Awards to various individuals and organizations for supporting "You Are Not Alone". 7.B. Site Plan Review and A earance Board SPRAB Awards Shane Ames, Chairperson, stated the Site Plan Review and Appearance {SPRAB) held its 18~' Annual Award Recognition Program and presented the following recipients with awards. This year's design categories and recipients include: EXTERIOR RENOVATIONS Delray Harbor Club • Delray Harbor Club (Owner) • Currie Sowards Aguila Architects (Architect) Delray Beach Club {Owner) Eliopoulos Architecture Inc. (Architect) Dave Bodker, Landscape Architecture/Planning Inc. (Landscape Architect) RESIDENTIAL DEVELOPMENT COMMERCIAL REDEVELOPMENT Delray Beach Clnb Sea Gate Residences • HH Properties I, Inc. (Owner) 01/05/10 Randall Stofft Architects (Architect) A. Grant Thornbraugh and Associates {Landscape Architect} DOWNTOWN COMMERCIAL DEVELOPMENT Seagate Hotel HHC Atlantic, LLC (Owner) Randall Stofft Architects (Architect) • A. Grant Thornbrough and Associates (Landscape Architect) SIGNAGE Delray Beach Club Camilucci Signs, LLC (Contractor) Delray Beach Club (Owner) S. CONSENT AGENDA: City Manager Recommends Approval. B.A. FINAL SUBDIVISION PLAT APPROVAL/WORTHING PLACE BLOCK 77 REPEAT: Approve the final boundary plat for Worthing Place Block 77 Replat, located at 32 S.E. 2nd Avenue. B.B. CHANGE ORDER NO. S/WEST CONSTRUCTION, INC./MILLER PARK IMPROVEMENTS: Approve Change Order No. 8 in the amount of $14,332.50 to West Construction, Inc., to install Celebration Bermuda Sod as a substitute for Tiffway Bermuda 419 Sod, for the Miller Park Project. Funding is available from 334-4173-572- 63.90 (General Construction Fundlhnprovements Other/Other Improvements). 8.C. CONSENT TO ASSIGNMENT FROM GLATTING .IACKSON KERCHER ANGLIN TO AECOM TECHNICAL SERVICES: Approve the Consent to Assignment of the professional services agreement dated April 7, 2007 from Glatting Jackson Kercher Anglin, Inc. to AECOM Technical Services. 8.D. TAKEOVER AGREEMENTICOMMERCIAL INSURANCE ALLIANCE COMPANY: Approve a Takeover Agreement with Commercial Insurance Alliance Company (Surety), which provides that the Surety shall take over the landscaping project at the Atlantic Avenue and I-95 gateway from the contractor, Garden World of Holiday, Inc. S.E. THIS ITEM HAS BEEN MOVED TO THE REGULAR AGENDA AS ITEM 9.A.A. 8.F. HOLD IIARMLESS AGREEMENTISTANMORE DEVELOPMENT LLC/ MIDTOWN DELRAY: Approve a Hold Harmless Agreement with Stanmore Development, LLC for improvements in the right-of--way associated with the Midtown Delray Medical Building located at 4600 Linton Boulevard. 4 01/05/10 B.G. RESOLUTION NO. 01-10: Approve Resolution No. O1-10 assessing costs for abatement action required to remove nuisances on 24 properties throughout the City. The caption of Resolution No. 01-10 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO CHAPTER 100 OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATING NUISANCES UPON CERTAIN LAND(S) LOCATED WITHIN THE CITY OF DELRAY BEACH AND PROVIDING THAT A NOTICE OF LIEN SHALL ACCOMPANY THE NOTICE OF ASSESSMENT; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ABATEMENT OF NUISANCES; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ON ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUB7ECT PROPERTY FOR UNPAID ASSESSMENTS. (The official copy of Resolution No. 01-10 is on file in the City Clerk's office.} B.H. AGREEMENT/FLORICDA DEPARTMENT OF LAW ENFORCEMENT {FDLE)/NCIC/FCIC SYSTEM: Approve an Agreement with Florida Department of Law Enforcement {FDLE) for use of the National Crime Information Center (NCIC)/Florida Crime Information Center (FCIC) System by the Police Department. 8.I. REVFEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period December 7, 2009 through December 31, 2009. 8.J. AWARD OF BIDS AND CONTRACTS: 1. Contract award to American Lighting Maint., Inc. in the amount of $1S,3S0.04 for the installation of three (3) scoreboards at Miller Park. Funding is available from 334-4173-572-b3.90 (General Construction Fund/Improvements OtherlOther Improvements}. 2. Contract award to A & A Associates in an estimated annual cost of $15,840.00 for security services at Pompey Park. Funding is available from 001-4127-572-31.90 (General FundlProfessional Services/Other Professional Services). 5 O 1/05110 3. Contract award to Power-Tel Utility Products, Inc. in the amount of $24,694.00 for the purchase of a ground penetrating radar locator system as satisfaction of civil penalties for the accidental release of wastewater from Lift Station #1$'s force main (located on Andrews Avenue near Lowry Street) on June 2, 2009. Funding is available from 441-5161-536-64.90 (Water and Sewer Fund/MachinerylEquipment/Other MachinerylEquipment). 4. Purchase award to Mohawk Resources Ltd in the amount of $3$,523.76 for the purchase of five (5} replacement vehicle lifts for the City garage. Funding is available from 501-3311-591-64.90 (Garage Fund/Machinery/ Equipment/ Other Machinery/Equipment}. Mr. Eliopoulos moved to approve the Consent Agenda as amended, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mayor McDuff e -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. Frankel -Yes; Mrs. Gray -Yes. Said motion passed with a 5 to 0 vote. 9. REGULAR AGENDA: 9.A.A. HOLD H~RMI~ESS AGREEMENTS/HAPPY TOGETHER PLAT: Approve a Hold Harmless Agreement between the City and Herbert Sainio, associated with the Happy Together Plat located at the northwest corner of N.W. 4th Avenue and N.W. 9th Street. Mr. Eliopoulos declared a conflict of interest and stepped from the dais because he is the architect for the project. Mr. Frankel moved to approve Item 9.A.A. {formerly Item $.E.}, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mr. Fetzer - Yes; Mr. Frankel -Yes; Mrs. Gray -yes; Mayor McDuffie -Yes. Said motion passed with a 5 to 0 vote. 9.A. WAIVER REOUESTSIDELAIRE COUNTRY CLUB: Consider a waiver request to Land Development Regulations (LDR) Section 2.4.6(F) "Temporary Use Permit" to allow use of three (3} modular trailers to house the golf pro shop, tennis pro shop, and ftness center during remodeling of the existing clubhouse; and a waiver to LDR Section 4.4.3(I)(3} "Construction Site ConditionslRestrictions" to allow increased construction trailer size, in association with remodeling the Delaire Country Club located at 4645 White Cedar Lane. (Quasi-Judicial Hearin Mayor McDuffie read into the record the City of Delray Beach procedures for aQuasi-Judicial Hearing for this item and all subsequent items. Chevelle D. Nubin, City Clerk, swore in those individuals who wished to give testimony on Item 9.A., 9.5., 9.5.1., & 9.C. 6 01/05/10 Mayor McDuffie asked the Commission to disclose their ex pane communications. Mr. Frankel stated he did not speak to anyone directly about this project; however, last month he was a guest at a luncheon at their Country Club so he did see the facilities but did not speak to anyone directly about this issue. Mrs. Gray stated she had no ex pane communications to disclose. Mayor McDufFe stated he tao attended the luncheon and had no direct communications with the builder, designer, or architect. Mr. Eliopoulos and Mr. Fetzer stated they too attended the luncheon and had no direct communications with the builder, designer, or architect. Paul Dorling, AICP, Director of Planning and Zoning, entered the Planning and Zoning Department project fle #2009-047 into the record. Mr. Dorling stated this item is for consideration of two waiver requests one for the approval of temporary trailers at Delaire Country Club and is to allow the installation of three trailers to house the existing facilities in the Delaire Country Club during the remodeling of the clubhouse. The second waiver is to allow an increase in the maximum dimensions of a fourth construction trailer. On December 10, 200$, the Site Plan Review and Appearance Board (SPIt.AB) approved a Class II site plan modification for the Delaire Country Club which included construction of a two-story high 16,706 square foot fitness center, pool deck, landscape plan, and a minor change to the pool side architectural elevation. Mr. Dorling stated these waivers will be associated with the temporary facilities that will accompany that. The site is located off Military Trail just north of the city limits. He stated three of these trailers will be utilized to house the golf pro shop, tennis pro shop and fitness center during the remodeling of the clubhouse and a fourth trailer will be installed to house the primary contractor as well as provide office space for subcontractors to utilize while on site. Staff feels given the nature of this development that this is an appropriate waiver request and recommends approval of each of them. Mr. Dorling stated SPRAB considered the waiver request for the canstruction trailer and recommended approval of that waiver and they did not need to weigh in on the waiver for the other three temporary trailers. Mike Covelli, Applicant, stated he is present for any questions the Commission may have. There was no cross-examination or rebuttal. Mayor McDuffie stated if anyone from the public would like to give testimony on this item, to please come forward at this time. There being no one who wished to address the Commission regarding the waiver requests, the public hearing was closed. Mr. Frankel stated the Board Order does not address the conditions. The City Attorney stated this is incorporated in references made to Exhibit "A" on page 4 of the Board Order. Mr. Frankel asked if these two conditions will hold up the project at all. 7 01 /05110 Mr. Covelli stated they have a few more site plans to process in addition to what they have already done so this works out fine. The City Attorney briefly reviewed the Board Order with the Commission who made findings according to their consensus {attached hereto is a copy and made an official part of the minutes). Mr. Eliopoulos moved to adopt the Board Order as presented, 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.B. CONDICTIONAL USE REQUEST/EUROPCAR: Consider a conditional use request to allow construction of a S40 square foot building on the west side of the existing structure to be utilized as an enclosed paint booth for Europcar, located on the south side of S.E. 4th Street and west of the k'EC Railroad. (Quasi- Judicial Hearing) Mayor McDuffie asked the Commission to disclose their ex parte communications. The Commission had no ex pane communications to disclose. Chevelle D. Nubin, City Clerk, swore in those individuals who wished to give testimony on this item. Paul Dorling, AICP, Director of Planning and Zoning, entered the Planning and Zoning Department project file #2009-208 into the record. Mr. Dorling stated this is a conditional use request for Europcar located on the south side of S.E. 4th Street, just west of the FEC Railroad in the CBD-RC Zoning District. He stated this request is a site of an existing auto repair facility. The request is to expand that facility by 540 square feet and add a paint booth to provide an additional service on the site that requires a conditional use modification which is before the Commission at this time. The current facility is a 2,348 square foot building and this will be an addition that will go in this location and will provide additional services to two of the bays that are in this facility. Mr. Darling stated it will operate Monday through Friday, 8:00 a.m. to 6:30 p_m. and Saturday, 8:30 a_rn. to 2:00 p.m. He stated this does require some additional parking which will be provided through an outside agreement. Mr. Darling stated there are some issues with access to be resolved and attached as conditions of approval. At its meeting of December 2I, 2009, the Planning and Zoning Board considered the conditional use request for Europcar and recommended approval subject to conditions with a 6 to 0 vote. 01/05/10 Mr. Dorling stated this also includes a waiver far that building and this current building is 16 feet and the addition is proposed at 16 feet and the CBD-RC (Central Business District -Railroad Corridor] are subject to the downtown design guidelines which require a minimum building height of 25 feet. He stated the applicant is asking far relief of that and is attached as adjunct item to this agenda item. Mr. Dorling stated staff recommends approval of the conditional use. Mr. Eliopoulos stated if this is approved tonight along with the other waiver will the next step be to submit this to SPRAB. Mr. Darling showed the Commission what the site will lack like and noted that the site is very industrial. Mr. Dorling stated this building will be stacked between existing buildings on the site. Seril Krue er re resentin etitioner displayed pictures of the property taken in 1973 and stated the paint booth is going inside the metal building and the reason is because the paint booth is not an exterior building so the Fire Department required that it be inside a regular building. Mr. Krueger stated the reason for the waiver is because all of the properties surrounding this are 16 feet. Mr. Krueger stated he agrees with all of the conditions except for condition #7 which states "Provide acknowledgement from the adjacent property owner to the west that he will not encroach into the 10' building separation area proposed for the paint booth." He stated he has a letter from the Building Department and the Fire Department and there is no ten fact separation required. Mr. Krueger stated this property has a zero lot line on this side. He stated the only reason there would beaten foot setback if there was no access to the rear of the property but there is. Mr. Krueger requested that condition #7 be taken out and other than that they agree with everything else. There was no cross-examination or rebuttal. Mr. Dorling gave the following explanation regarding condition #7: Mr. Dorling stated there is a building that sits five foot off the property line and this building is proposed at four feet and there have been some questions whether there is a minimum separation between this facility and that building. He stated the condition was put in there that it meets the ten foot building separation if that is required but this building could theoretically be building to that zero so the City needs a commitment that the applicant would not encroach into that area. Mr. Dorling stated until very recently it was the understanding of staff that it does exist but if it does not exist then the condition becomes null and void. He stated rather than eliminating the condition, if they were to indicate that if it applies it stays in and if it does not then the condition can be eliminated. Mr. EliopouIas stated the applicant is in the CBD on an inside property line and asked if it is zero. Mr. Dorling stated it is zero if there is dedicated access to the rear. Mr. Dorling stated this is actually owned by someone else and staff has asked that as a condition that there is a commitment and an easement created so that access does exist to the back of this building. Therefore, you could go to zero otherwise it is ten feet 9 0110511 D if you do not have dedicated access. Mr. Krueger stated he is working on the easement now with the property owner to the south. He stated the City issued a building permit for this building in 1972 using that as access. Mr. Krueger stated the building is at the property line and there is a six foot chain link fence that runs across the property. He stated this access is only to this property. Mr. Krueger stated they are working to get the access agreement which is part of the condition and stated they agree to it. Mayor McDuffie stated essentially what staff is saying is that if no requirement exists then condition #7 becomes null and void. if it does exist, then condition #7 is therefore a condition. Mr. Krueger agrees with this. Mayor McDuffie stated if anyone from the public would like Ea speak in favor or in opposition of the conditional use request, to please come forward at this time. There being no one from the public who wished to address the Commission, the public hearing was closed. The City Attorney briefly reviewed the Board Order with the Commission who made findings according to their consensus (attached hereto is a copy and made an official part of the minutes}. Mr. Fetzer moved to adopt the Board Order as presented (approving the conditional use request subject to the conditions in Exhibit "A" as modified), 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. 4.B.1. WAIVER REQUEST/EUROPCAR: Consider a waiver request to Land Development Regulations (LDRj Section 4.4.13{F}(1}(a}, "Height", which requires a 25 feet minimum building height. (Quasi-Judicial Hearing) Mayor McDuffie asked the Commission to disclose their ex pane communications. The Commission had no ex parte communications to disclose. Paul Dorling, AICP, Director of Planning and Zoning, stated this is the associated waiver for the height of the building approved in Item 9.B. Mr. Dorling stated the LDRs require a minimum of 25 foot and this request is to go to I6 foot consistent with the elevation of the existing building. Mayor McDuffie stated if anyone from the public would like to speak in favor or in opposition of the waiver request, to please come forward at this time. There being no one from the public who wished to address the Commission, the public hearing was closed. 10 OI/05110 The City Attorney briefly reviewed the Board Order with the Commission who made findings according to their consensus (attached hereto is a copy and made an official part of the minutes). Mr. Frankel moved to adopt the Board Order (approving the waiver request), Mrs. Gray. Upon roll call the Commission voted as follows: Mrs. Gray -Yes; Mayor McDuffie -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. Frankel -Yes. Said motion passed with a 5 to 0 vote. At this point, the time being 7:16 p.m., the Commissioo moved to the duly advertised Public Hearings portion of the Agenda. 10. PI3BLIC HEARINGS: 1U.A. ORDINANCE NO. 51-09: Consider acity-initiated amendment to the Code of Ordinances Chapter 53, "Sanitary Sewer", to comply with the new local discharge limits that were approved by the Florida Department of Environmental Protection {FDEP) for the South Central Regional Wastewater Treatment Plant (SCRWTP}. The caption of Ordinance No. 61-09 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 53, "SANITARY SEWERS" OF THE CODE OF ORDINANCES BY AMENDING SECTION 53.004, "ABBREVIATIONS; DEFINITIONS", TO CLARIFY CERTAIN TERMS; AMENDING SECTION 53.051, "PROHIBITED DISCHARGES TO SEWERS", PROVIDING A CHANGE IN CERTAIN DISCHARGE LIMITS AND ADDING A PROVISION FOR AFFIRMATNE DEFENSES; ENACTING SECTION 53.068, "NOTICE OF VIOLATION/REPEAT SAMPLING AND REPORTING", TO PROVIDE FOR A NOTICE OF VIOLATION AND A REPEAT SAMPLING PROCEDURE; AMENDING SECTION 53.084, "ANALYTICAL REQUIREMENTS" TO ADD REFERENCES TO THE FLORIDA ADMINISTRATNE CODE; AMENDING SECTION 53.130, "USER CHARGES; WHOLESALE SEWER RATES; CALCULATION OF SEWER SURCHARGE", SUBSECTION (G), "CALCULATION OF SEWER SURCHARGE", TO MODIFY THE LOCAL LIMITS; AMENDING SECTION 53.150, "NOTIFICATION OF VIOLATIONS; CONSENT ORDERS" BY ENACTING SUBSECTION {C}, "COMPLIANCE ORDERS", AND 11 01/05/10 SUBSECTION (D}, "CEASE AND DESIST ORDERS"; AMENDING SECTION 53.155, "AFFIRMATIVE DEFENSES TO DISCHARGE VIOLATION", BY ENACTING SUBSECTION (C), "PROHIBITED DISCHARGE STANDARDS", IN ORDER TO COMPLY WITH CHANGES IN STATE AND FEDERAL LAW; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. office.) (The official copy of Ordinance No. 61-09 is on file in the City Clerk's The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Richard Hasko, Director of Environmental Services, stated this ordinance will bring the City's industrial pretreatment ordinance into current compliance with Florida Department of Environmental Protection requirements for discharge limits along with a couple of housekeeping items as well. Mayor McDuff e declared the public hearing open. There being no one from the public who wished to address the Commission regarding Ordinance No. 61-09, the public hearing was closed. Mr. Eliopoulos moved to adopt Ordinance No. 61-09 on Second and FINAL Reading, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mayor McDuffie -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. Frankel - Yes; Mrs. Gray -Yes. Said motion passed with a 5 to 0 vote. IO.B. ORDINANCE NO. _01-10 (FIRST READING/FIRST PUBLIC „, „ HEARING): Consider acity-initiated amendment to Lan,,,,,,..,. d Development Regulations (LDR) pertaining to Assisted Living Facilities and Continuing Care Facilities. if passed, a second public hearing will be held on January 19, 2010. The caption of Ordinance No. 01-10 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, BY AMENDING SECTIONS 4.4.1, "AGRICULTURE (A) ZONE DISTRICT, SUBSECTION (B}"; 4.4.2, "RURAL RESIDENTIAL (RR) ZONE DISTRICT", SUBSECTION (B); 4.4.3, "SINGLE FAMILY RESIDENTIAL (R-1} DISTRICTS", SUBSECTION {B}; 4.4.5, "LOW 12 olias~lo DENSITY RESIDENTIAL (RL) DISTRICT", SUBSECTION (B); 4.4.7, "PLANNED RESIDENTIAL DEVELOPMENT (PRD} DISTRICT", SUBSECTION (B); 4.4.13, "CENTRAL BUSINESS (CBD} DISTRICT", SUBSECTION (B); 4.4.17, "RESIDENTIAL OFFICE (RO) DISTRICT", SUBSECTION {B}; 4.4.21, "COMMUNITY FACILITIES (CF) DISTRICT", SUBSECTION {B}; 4.4.24, "OLD SCHOOL SQUARE HISTORIC ARTS DISTRICT {OSSHAD)", SUBSECTION (B}, IN ORDER TO CLARIFY THE ZONING DISTRICTS IN WHICH ASSISTED LIVING FACILITIES ARE ALLOWED AS PERMITTED USES; AMENDING SECTION 4.6.9 "OFF-STREET PARKING REGULATIONS", SUBSECTION (C), TO CLARIFY THE PARKING REQUIREMENTS FOR ASSISTED LIVING FACILITIES, AND AMENDING APPENDIX "A", "DEFINITIONS", TO PROVIDE UPDATED DEFINITIONS FOR ASSISTED LIVING FACILITY AND CONTINUING CARE FACILITY"; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 01-10 is on file in the City Clerk's office.} The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Paul Dorling, AICP, Director of Planning and Zoning, stated this pertains to assisted living facilities and continuing care facilities. Mr. Dorling stated Federal Law requires these facilities to be accommodated in the same manner as residential uses provided that the density regulations of the local jurisdictions are met. He stated in order to achieve compliance this amendment proposes some changes including adding these facilities as permitted uses in the A "Agricultural" district, the RL "Rural Residential District", the R-1-A District, the PRD "Planned Residential District", the RO "Residential Office District", and the OSSI-IAD "Old School Square Historic Arts District" within the CBD "Central Business District" and CF "Community Facilities District" there is also some language about limiting the densities in the same manner as other multi-family uses within those districts. The ordinance also clarifies the parking requirements for assisted living facilities and modifies the definitions for assisted living facilities and continuing care facilities to bring them compliant with Federal Law. At its meeting of November 16, 2009, the Planning and Zoning Board considered the text amendment and the Board had some concern over how these changes could be utilized by possibly sober houses to get around some of the definitions of family 13 01/05/10 and some of the changes that were made more recently associated with those. Mr. Dorling stated after that discussion, the Planning and Zoning Board recommended approval with a 7 to 0 vote. Staff has checked with the City Attorney's office with respect to their concerns and it was determined that this ordinance was not in conflict with any of those recently adopted ordinances pertaining to transient residential uses and/or the definition of family. Staff recommends approval of this ordinance. Mr. Eliopoulos asked if there are strict criteria for this use versus transient lodging. Terrill Pyburn, Assistant City Attorney, stated there are not any gray areas and they do not overlap. Ms. Pyburn stated the assisted living facilities are completely regulated by the State and they pertain mostly to situations with the elderly or the injured that need assistance in regular day-to-day living activities. She stated they are completely regulated by the State with regards to location and the licenses that are required for these types of facilities to run and the types of people who can operate them. Ms. Pybum stated this is a completely different entity and they have nothing to do with one another. Mayor McDuffie stated his understanding is any use the Commission is discussing with this ordinance is State regulated. Ms. Pybum stated this is correct. Mayor McDuffie declared the public hearing open. Pauline Moody, 609 S.W. 8~~ Avenue, Delray Beach, FL 33444, asked for clarification w~ ,.. t~ .,,, th ~ e definition of assisted living facilities and continuing care and inquired if this is just for elderly people. Ms. Moody stated drunks are currently receiving continuing care in assisted living facilities now and feels there is some gray area and loopholes. Dr. Jose h Provenzano 1921 S.W. 36;~ Avenue Delra Beach FL 33445, inquired why this has to be changed and expressed concern whether someone is trying to bring more sober houses to Delray Beach. Dr. Provenzano stated there are some groups that are trying to sneak in under the wire and he would like to make sure that this ordinance does not do that. He asked if the City has to change in order to be compliant. Ms. Pyburn stated what the City is doing with this ordinance is making the Assisted Living Facilities permitted uses in all residential zoning districts because they are required to be allowed to locate anywhere that anybody else could live pursuant to State Law and Federal Affair Housing Laws. Ms Pyburn stated Assisted Living Facilities as defined by State Statutes and defined in the ordinance are places where people need assistance to engage in the everyday things of life (i.e. showering, eating) that mast of us can do on our own. She stated these facilities are regulated by the Department of Elderly Affairs so it is a completely separate entity what would possibly regulate sober houses. Ms. Pyburn stated these types of facilities are regulated by the State far the purpose of providing people who need help with everyday activities and the City also wanted to bring the Continuing Care Facilities section of the Code up to State Law. She stated Continuing Care Facilities start off as Assisted Living Facilities but they continue to care all the way up through a nursing home and are more of a medical facility. Ms. Pyburn 14 01/05/10 stated staff is clarifying the definitions to conform with State and Federal Law and clarifying that Assisted Living Facilities are allowed as a matter of right as permitted uses within zoning districts subject to the density requirements as any other residential use; however, they are subject to the definition of family and they would have to get a reasonable accommodation from that. There being no one else from the public who wished to address the Commission regarding Ordinance No. 01-10, the public hearing was closed. Mr. Fetzer moved to approve Ordinance No. 01-10 on First Reading/First Public Hearing, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. Frankel -Yes; Mrs. Gray -Yes; Mayor McDuffie -Yes. Said motion passed with a 5 to 0 vote. 10.C. ORDINANCE NO. 02-L0 FIRST READING/FIRST PUBLIC HEARING):- Consider acity-initiated amendment to the Land Development Regulations (LDR) pertaining to Community Residential Homes and Group Homes. If passed, a second public hearing will be held on January 19, 2010. The caption of Ordinance No. 02-10 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, BY AMENDING SECTION 4.3.3(I), "COMMiJNITY RESIDENTIAL HOMES AND GROUP HOMES", SUBSECTION (4), "CLASSIFICATIONS", TO UPDATE THE TABLE PROVIDED THEREIN AND AMENDIlVG SECTIONS 4.4.3, "SINGLE FAMILY RESIDENTIAL (R- 1) DISTRICTS", SUBSECTION (D); 4.4.7, "PLANNED RESIDENTIAL DEVELOPMENT (PRD) DISTRICT", SUBSECTION (B); AND 4.4.12 "PLANNED COMMERCIAL (PC) DISTRICT, SUBSECTION(B); IN ORDER TO CLARIFY THE ZONING DISTRICTS IN WHICH, COMMEJNITY RESIDENTL4L HOMES AND GROUP HOMES ARE ALLOWED AS EITHER PERMITTED OR CONDITIONAL USES AND AMENDING SECTION 4.6.9 "OFF-STREET PARKING REGULATIONS", SUBSECTION (C) TO CLARIFY THE PARKING REQUIREMENTS FOR COMMiJNITY RESIDENTIAL HOMES AND GROUP HOMES; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. 15 01/05/10 office.) (The official copy of Ordinance No. 02-10 is on file in the City Clerk's The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Paul Dorling, A1CP, Director of Planning and Zoning, stated these amendments relate to Community Residential Homes and Group Homes and to update the City's LDRs to achieve consistency with respect to the zoning districts where Group Homes and Community Residential Homes are allowed. In addition, Mr. Dorling stated it adds Type 1 as a principal use within the PRD {Planned Residential Development); adds Group Homes, Type 1 as a permitted use in the PC (Planned Commercial) zoning district; and adds Community Residential Homes and Group Homes, Type 2 as conditional uses within the PC (Planned Commercial} and CBD-RC (Central Business District -Railroad Corridor} zoning districts; establishes parking requirements for community residential homes and group homes; and deletes the reference to A.C.L.F's which was repealed by Ordinance No. 20-08. At its meeting of November 16, 2009, the Planning and Zoning Board considered the text amendment and there was significant discussion along the lines of the prior agenda item and the Board recommended denial with a 4 to 3 vote (Connor Lynch, Joseph Pike, Al Jaquet and Cary Glickstein}. The Board expressed concern over sober house issues and potential loopholes. Staff has brought this before the City Attorney's office and they do not believe that it has merit at this time. Therefore, staff recommends approval. Mr. Eliopoulos asked if someone from the City Attorney's office was present at the November 16, 2009 Planning and Zoning Board Meeting. Brian Shutt, City Attorney, stated he was there representing the Board. Mr. Eliopoulos stated on the previous item although the Planning and Zoning Board had concerns about there being loopholes the Board voted for it and on this item they voted "no". The City Attorney stated the explanation that the Planning and Zoning Board got from their office that the Commission received tonight was not present at that meeting. Mr. Frankel asked the City Attorney if he is satisfied that there are no loopholes in the ordinance. The City Attorney stated there might be people in these facilities who drink or do drugs; however these facilities are regulated and therefore are under much greater scrutiny than the sober houses. Ms. Pyburn clarified that group homes and community residential homes are more far abuse spouse residences, mentally or physically handicapped individuals. The types of people that are regulated by the agencies that oversee group homes and community residential homes have nothing to do with the type of agency that would oversee a saber house if it were regulated in which case it would be called a license service care provider facility. Ms. Pyburn stated group homes and community residential 15 01/05/10 homes by State Law have distance requirements and they cannot be within 1,00Q feet from one another and license service provider facility providers andlor sober homes do not have those requirements imposed by State Law. She stated this would not be a loophole but they would be them subjecting themselves to more regulations. Mr. Eliopoulos asked if staff foresees a parking problem with regard to group homes. Mr. Dorling stated when and if the City receives a request fox reasonable accommodations that are more than three then staff will be looking at the availability of parking as one of the criteria as to whether that is an acceptable intensification of use. Otherwise, Mr. Dorling stated the thinking was that we treat the parking requirements of an intensity that is similar to asingle-family home which is two parking spaces per unit. Mr. Dorling stated reasonable accommodation to definition of family would not apply to group homes. Ms. Pyburn stated the State Statute dictates the number of residents that are allowed to live group homes and community residential homes. Mayor McDuffie stated if anyone from the public would like to the Commission regarding Ordinance No. 02-10, to please come forward at this time. Christina Morrison Pearce 2000 South Ocean Boulevard #307 Delray Beach, FL 33483, asked if this is going to be subject to the limit on unrelated residents per home that was recently implemented by the City. Ms. Pearce stated that Ms. Pyburn stated that the group homes would be allowed in the PRD which are Planned Residential Developments where families live with young children. Dr. Joseph Provenzano, 1921 S.W. 36~~ Avenue, Delray Seach FL .:~.. 3_3445, stated the neighborhood where he lives they have deed restrictions and urged the Commission to help the neighborhoods. Ms. Pyburn stated because group homes and community residential homes are regulated by State Statutes which dictate the number of residents in such places the defnition of family that was passed in July by the City Commission would not apply to these residences. However, Ms. Pyburn stated they cannot be within 1,00 feet of another and in no way do these have anything to do with what people refer to as sober houses or license service provider facilities. She stated these are homes for abused spouses and people who are mentally or physically handicapped and these people are allowed to live anywhere under the Fair Housing Laws that anybody else could live that does not have a mental ar physical disability, etc. Ms. Pyburn stated these homes are where people are living in a group setting because they cannot live on their home and maybe they have the help of a nurse and they are living together as a group. She stated they would be allowed in a deed restricted community; however, the HOA would probably have the final say to who lives there. Ms. Pyburn stated this has nothing to do with sober houses and the City is bringing the ordinance up-to-date with current State Law. 17 O1/OS/10 There being no one else who wished to address the Commission regarding Ordinance No. 02-10, the public hearing was closed. Mr. Frankel asked why this is being addressed if it is already governed by State Law. Mr. Dorling stated the City's LDRs are not consistent with State Law and staff would Iike to have them consistent with State Law. Mr. Eliopoulos moved to approve Ordinance No. 02-10 on First ReadinglFirst Public Hearing, seconded by Mrs. Gray. Upon roll tali 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. At this point, the time being 7:44 p.m., the Commission moved to Item 11, Comments and Inquiries on Non-Agenda Items from the City Manager and the Public. 11.A. City Manager's response to prior public comments and inquiries. The City Manager stated at the last meeting several people expressed concern about sober houses in the La Hacienda and Bond Way area. The Police Department has been in touch with the residents who appeared at the meeting. They have had extra patrols in the area and have attended a homeowners association meeting with La Hacienda. The City Manager stated this is an ongoing project and many complaints are not really police matters that they can enforce but the neighborhood appreciates what is being done. The City Manager this is an ongoing problem and is something they will continue to work with. Secondly, he stated a woman who lives on Pineapple Grove Way had expressed concern about some of the things happening in her neighborhood. The City Manager stated Officer VanNess met with her to discuss her concerns and will be doing some extra patrols in that area and keeping in touch with her. The City Manager stated she also had her driveway blocked during the Howard Alan Art Show and Officer Finley and Mr. Barcinski will work with the vendor to ensure that it does not happen again. 11.B. From the Public. 11.B.1. Kristen Puhalainen. Palm Beach County League of Citi ~ stated the County Commission created an Ethics Commission and the League of Cities has been given an appointment and will be making that appointment at the January meetings. Ms. Puhalainen stated their February meeting is their associate showcase and she is hoping that they will have a lot of support from elected officials because this is their chance to show the associate members their appreciation because they are the ones who help keep their programs going all year long with the scholarships and the barbeques. Ms. Puhalainen stated they do a trade show in February to show them off and hopes everyone will make an effort to come out and thank them for their support during the year and encouraged everyone to check out the League's new website. 18 O i 105110 11.B.2. Christina Morrison Pearce, 2000 S. Ocean Boulevard #307, Delray Beach, FL 334$3, distributed letters to the Commission thanking the Police Department for all they have been doing regarding the various drug house issues. Ms. Pearce stated in doing her research at the County level County Commissioner Marcus is working on this issue and on a State level State Representative Skidmore is working on a bill to limit pain clinics. Ms. Pearce stated her letter is requesting both the Mayor and the City Manager to write letters in support of such legislation because she feels this could help the Police Department with the City with some of these issues. Ms. Pearce stated she hopes the City will fall behind some of the representatives that are working on this issue at the State level because there is a huge loophole that is causing this to happen that needs to be closed. 11.B.3. Pauline Mood 604 S.W. 8rb Avenue Delra Beach FL 33444 expressed concern over the condition of the sidewalks on Dixie Highway and stated the weeds are overgrown. Ms. Moody inquired about who is responsible for maintaining this area and urged the City to clean up so she can walk on the sidewalk. Secondly, Ms. Moody wished everyone a Happy New Year. 11.B.4. Alson Jacguet, 236 S.E. 3r~ Avenue, Delray Beach, FL 33483, wished everyone Happy New Year and stated the last time he was here he forgot to congratulate the newest member on the Commission, Mrs. Angeleta Gray. Mr. Jacquet thanked the Commission for their expediency with regard to taking care of the swales and the work that is being done in the Osceola Park neighborhood_ At this point, the time being 7:53 p.m. the Commission moved to back to Item 9.C. of the Regular Agenda. 4.C. CONDITIONAL USE RE UEST/DELRAY SCRAP RECYCLING: Consider a conditional use request to allow the establishment of a scrap recycling and storage business for Delray Scrap Recycling, located at 725 S.W. 16th Avenue. (Quasi-Judicial Hearing) Mayor McDuffie asked the Commission to disclose their ex pane communications. Mr. Frankel stated he received two telephone calls from Michael Weiner but he did not speak to him and he met with Mr. Carney about this issue. Mrs. Gray stated he received a telephone call from Mr. Weiner as well. Mayor McDuffie stated he received a telephone call from a Mr. Thomas Carney. Mr. Eliopoulos stated he received a call from Mr. Weiner explaining their project and he received a telephone call today from Mr. Torn Carney and the subject to that matter was more of a possible perceived failure of improper notice. Mr. Fetzer stated he received the same two calls that Commissioner Eliopoulos did from Michael Weiner and also from Tom Carney along the same subject matter that Commissioner Eliopoulos mentioned. Chevelle D. Nubin, City Clerk, swore in those individuals who wished to give testimony on this item. 19 01/05/10 Paul Dorling, A1CP, Director of Planning and Zoning, entered the Planning and Zoning Department project file #1020-023 into the record. Mr. Dorling stated this is a conditional use request for Delray Scrap Recycling located in the industrial district and is located at 725 S.W. 16th Avenue and it is an existing building and this use would occupy the North Bay (Bay #6}. Mr. Dorling stated this proposal is to collect scrap material and have it picked up and store it inside and have it picked up twice a month. He stated one of the conditions is that there will be no outside storage or unloading of any kind in the exterior of the site but it needs to be contained within the building. At its meeting of December 10, 2009, the Community Redevelopment Agency (CRA} recommended approval, at its meeting of December 21, 2009, the Community Redevelopment Agency (CRA} considered this and recommended approval; at its meeting of December 21, 2009, the Planning and Zoning Board considered this and recommended approval. Mr. Dorling stated part of the discussion at the Planning and Zoning Board meeting revolved around maintaining this facility inside and how it would circulate with people coming in. He stated there is a facility that does have issues with stacking particularly on Saturday morning out into the road and down the road. Mr. Dorling stated the City would like to avoid those kinds of things with this facility. He stated staff has condition this to unload inside the building and the City would like to see a circulation pattern coming off S.W. 16th Avenue. The applicant agrees with staff s requirements including no outside storage but does not agree with this circulation pattern. Mr. Dorling stated if people have to stack up and back out that creates its own issues. He stated one of the arguments of the applicant is that this is too great an area and does not allow appropriate storage for the operation of this facility. Mr. Dorling stated staff has suggested that if in fact the applicant needs more storage area that they lank at more than twice a month pick up and have a little less storage inside and the circulation functions more appropriately. He stated as the alternative if you take a portion of this out and then a portion to turn around in the facility you are not much greater area than what staff is proposing. Therefore, staff suggests that if the Commission approves this that they attach all three conditions that are listed an page two of the staff report. Staff received a letter of opposition from Tom Carney and has brought up concern about notice. Mr. Dorling stated all the property owners within 500 feet were noticed (does not include leased tenants of adjacent facilities because they are not the owners) in the appropriate tirneframes. Mr. Eliopoulos asked staff if they know how big the facility that is furthex down. Mr. Dorling stated it is not as large as this total building and noted it is about half the size of this building. He stated they have two driveways and they do not allow you to pull into the site to unload. Mr. Dorling stated you are allowed to come into the driveway and then they unload. He stated you could drive under that site and offload onsite and come out of the second driveway and for whatever reason they want to maintain the ability to drive forklifts and things around onsite and push that impact on the adjacent street system. Mr. Eliopoulos stated staff would like the traffic to come in through the building unload and exit out. Mr. Dorling stated the striped area would be just a single 2a ol~osilo lane through the building where you would unload and then exit. He stated the applicant had a presentation at SPRAB that had about half the bay so you could pull in and then they had aturn-a-round in this location to exit in a forward manner. Mrs. Gray inquired about the parking spaces. Mr. Dorling explained what parking spaces go with what bays. Jason Mankoff, Attorney with Michael Weiner & Associates, 10 S.E. 1St Avenue Delra Beach re resentin Stanle Kossof who is a tenant the owner of the business Delray Scrap,_ and the landlord), stated they do agree with the staff report and its conditions with the exception of condition #2 which the Planning and Zoning Board agreed should not be attached as a condition of approval. Staff's concern may arise from another operation in the area but does not feel his client should be penalized for that operation. Mr. Mankoff stated the requested condition which they cannot agree with is that entry be taken off S.W. 16th and egress onto S.W. 15th and this is not a viable solution for several reasons. He stated economically it is not feasible for small business owners such as Mr. Kossof to have a third of the area far a travel lane. Mr. Mankoff stated there are also concerns regarding safety with vehicles traveling through the building and these will have to be looked at a little more closely. He stated the entry is off of S.W. 15th Avenue because that is where the offce is and a third of that is taken up by the vehicle where it will be stacked and the rest of the area is storage and open area. Mr. Mankoff stated there will be no storage outside the building and no unloading and noted it will be all internal He stated if other vehicles come while this vehicle is being weighed and unloaded there are four parking spaces which belong as part of the lease to this bay. He stated during busy times there will be an attendant to make sure waiting is orderly. Mr. Mankoff stated since the drive isles are very long so if necessary there would not be any forced waiting of vehicles on the street and they could be stacked in this area. Mr. Mankoff stated staff is concerned that they do not want vehicles being stacked and waiting on the street and neither does the applicant. Mr. Mankoff stated Mr. Kossof has a current location in Delray and at no time at that location have there been more than five vehicles at one time. Mr. Mankoff stated the staff report has been so that this type of use has been clearly detailed and considered throughout the LDRs. He stated the staff report indicates that the required findings of Section 3.1.1 including cancurrency, future land use map, water and sewer, traffic, and solid waste have each been met. Mr. Mankoff stated the supplement of district regulations for parking and the use and operation restriction in the industrial zoning district are also met. Mr. Mankoff stated based on LDR Section 4.4.20(D){16) scrap metal recycling is allowed as a conditional use when {1) all operations and storage are in a completely enclosed building, (2} which generates no emissions, and (3) and which does not create a noise disturbance in violation of Chapter 99 of the City Codes. Mr. Mankoff stated each of these requirements has been met. In addition, three parking spaces are required under the LDRs and four parking spaces are being provided. Furthermore, Mr. Mankoff stated pursuant to LDR Section 4.4.20(H){1-3} there are also specific requirements pertaining to the use which must comply with special regulations of the industrial zoning district. He stated compliance is met as detailed in the staff report. Mr. Mankoff stated adding a condition concerning circulation to take access through the building is not an LDR 21 01/05/10 requirement and the evidence is clear that condition #2 is not necessary. Mr. Mankoff stated the met all the LDR requirements and they agree with conditions #1 and #3. Mr. Mankoff urged the City Commission to approve the conditional use without condition #2. Stanle Kossof stated he deals with a commodity and it is a market. Mr. Kossof stated he has to go according to the market so he has to move his material for his cash flow. owner of the building, stated this is the worst ~-lp_ orn,ich, ,,,...,,,_, .___.. commercial downturn since the great depression. Mr. Hornich stated Mr. Kossof is the first tenant that has requested a lease in three years and he has a 50% empty building. Mr. Hornich stated the economic conditions are terrible. Mr. Hornich stated the traffic is minimal because he is at a dead-end street. He stated this is not only a zoning issue it is also an economic issue. Mr. Mankoff stated they meet the specific zoning requirements and the notice has been done appropriately and urged the Commission to support the conditional use request. There was no cross-exarninatian or rebuttal. Mr. Dorling stated Mr. Mankoff indicates that all the required f ndings were made in his presentation and noted positive findings were made subject to the conditions including the condition about circulation. Mr. Dorling stated the contention that appropriate onsite circulation of any site plan is something that is not in the LDRs and should be considered is preposterous and in all cases of uses staff makes sure that appropriate circulation patterns exist or are achieved through conditions. Mayor McDuffie stated if anyone from the public would like to speak in favor or in opposition of the conditional use request, to please come forward at this time. T_o_m_ Carney, stated prior to the presentation he advised Mr. Dorling that he was formally withdrawing the letter because the letter he submitted contains some confusion as to who he represents. Mr. Carney stated when his client purchased the property in 2004 he was assured that he should keep his occupational license current because Delray would never authorize another scrap metal facility in that location. Mr. Carney stated he feels the notice was insuffident with regard to the timing of when the notice was sent. Mr. Carney stated the notice arrived prior to Christmas and Chanukah, and other holidays and people are focusing on other items. Therefore, Mr. Carney stated many people missed the fact that it came in front of the Planning and Zoning Board on December 21, 2009. Mr. Carney stated by the time he learned about everything it was December 28, 2009. Mr. Carney handed out a letter from a tenant in the same building that is going to be housing the proposed scrap metal facility and the other is from down the street. He acknowledges that this is a tenant and therefore he did not receive notice and the other letter is from the owner of a building just outside the 500 feet radius. Mr. Carney stated when you have a facility that is going to be generating the kind of traffic 22 01/05/10 that a scrap metal facility will generate it is important to recognize that people are going to be using all these streets. He stated there has not been enough input from the local residents as to the type of activity that is going to take place in the facility. Mr. Carney requested that the Conunission table this item so that the people who operate businesses there can express their concerns. He stated these tenants businesses depend on their customer service and their ability to create an attractive environment for their clients to Vlslt. Mayor McDuffie stated if anyone from the public would like to speak in favor or in opposition of the conditional use request, to please came forward at this time. There being no one from the public who wished to address the Commission regarding the conditional use request, the public hearing was closed. The following individual gave a brief rebuttal: With regard to the notices, Mr. Mankoff stated they did not schedule the dates of the City Commission meetings and the Planning and Zoning Board hearings. He stated there was previously notice setting for Planning and Zoning back in December before Christmas and the holidays. Mr. Mankoff stated this was a normal notice and to table it because there was insignificant notice does not make any sense. Mr. Mankoff stated they are in the industrial zoning district and they meet the LDR requirements and request that the Commission take the recommendation of the Planning and Zoning Board and approve the conditional use request without condition #2. Mrs. Gray asked if the circulation being proposed will work. Mr. Darling stated staff's concern is that a car has to back out onto the road to move off the site and if somebody is stacking behind them then it creates a circulation issue. Mr. Dorling stated he understands that they have indicated that they will have someone out there with traffic control; however, he does not feel this is a large enough operation that in fact that person will be affected if in fact that person is there at all. Mrs. Gray asked if there is a door there already. Mr. Dorling stated there are doors on both sides. Mr. Eliopoulos briefly discussed the site plan. Mr. Eliopoulos stated he supports the project with the condition that staff is requesting regarding the circulation pattern. Mr. Frankel stated he concurs with Commissioner Eliopoulos that it is a lot safer to go forward than backward. However, Mr. Frankel stated he agrees with Mr. Carney with regard to the notices because since the Planning and Zoning Board meeting was on December 21, 2009, notices went out around December 23, 2009. He stated he understands that the notice went out under the guidelines; however, the last week of the year not much is going on except people enjoying themselves on holidays, etc. and believes Mr. Cawley makes some valid points. 23 01/05/10 Mr. Eliopoulos stated the City might as well not have meetings in December. He stated the majority that might have concerns are not owners they are tenants. Mr. Eliopoulos stated tenants will never receive notice and noted that time is money. Mr. Eliopoulos stated since the Commission shortened their calendar staff may want to look at that for other meetings in the future for that month. Mr. Fetzer concurred with comments expressed by Commissioner Eliopoulos. Mr. Fetzer stated the design is a poor circulation that could potentially cause pxoblems. He stated he believes the notice was done properly and does not believe just because the meetings were held in December that it should be a reason for tabling this item. Mr. Fetzer supports the conditional use xequest with condition #2 with the circulation through the building. Mrs. Gray stated her concern was the circulation as well and supports the conditional use request with condition #2 as well. Mayor McDuffie stated with regard to the owner's statement about damaging the drywall, etc. He stated if he looks at the separation of the two bays he would far rather that automobile drive through and out the other side then try turn around where he is right now because that is when the drywall is going to suffer when this guy tries to turn around where he is sitting right now and goes through the wall. Mayor McDuffie stated unless we have one-way through this there is flawed ingress/egress and potentials for tying people up inside this facility. He stated we are looking at these vehicles as though they are all small passenger cars and he assumes there will also be truck traffic here as well. Mayor McDuffie stated he will support the conditional use request with aone-way drive through as staff requested and he believes the notice was adequate. The City Attorney briefly reviewed the Board Order with the Commission who made findings according to their consensus (attached hereto is a copy and made an official part of the minutes}. Mr. Eliopoulos moved to adopt the Board Order subject to the attached conditions, seconded by Mr. Fetzer. 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.D. SPECIAL EVENT REQUESTIPRO-BOWL TAILGATE PARTY: Consider approval of a special event request for the 1'ro-Bowl Tailgate Party to be produced by the Chamber of Commerce Destination Delray Task Farce and co- produced by the City of Delray Beach to be held on Friday, .lanuary 29, 2010 from. 5:00 p.m. to 10:00 p.m.; to grant a temporary use permit per LDR's Section 2.4.6(F} for use and closure of A-1-A from the south side of Atlantic Avenue to just north of the Bermuda lnn driveway from 3:00 p.m. to 11:00 p.m.; and to authorize staff support for security and traffic control, EMS services, barricading, site cleanup, use of the large city stage, trash boxes, and use of the portable generator; and to leave the Sandoway parking lot and 24 O1/OS/10 Marriott lot open until 11:00 p.m. Robert A. Barcinski, Assistant City Manager, stated this is a request for a pro-bowl tailgate party to be held on Friday, January 29, 2010 from 5:00 p.m. to 10:00 p.m., to grant a temporary use permit per LDRs Section 2.4.6(F) for the use and closure of A-1-A from the south side of Atlantic Avenue to just north of the driveway to the Bermuda Inn from 3:00 p.m. to 11:00 p.m., and to authorize staff support for security and traffic control, EMS services, barricading, site cleanup, use of the large city stage, trash boxes, and use of the portable generator. The event producer is the Chamber of Commerce Destination Delray Task Force and they are requesting that the City co- produce this one-time event and to leave the Sandoway and Marriott parking lots open until 11:00 p.m. for adequate parking. The estimated cost for staff overtime is approximately $2,500.00, trash boxes $lOS.00, and stage rental $532.00. If the Commission agrees to co-produce this event, then per event policies and procedures, the event producer would not pay any City costs. Staff recommends consideration of this approval of the event, the temporary use permit for the closure of A-1-A, staff support as requested, use and set up of large stage, generator, and trash boxes, extended hours for the Sandoway and Marriott parking lots and consideration of the City being a co- producer ofthe event. Mr. Fetzer stated the new Destination Delray Task Force is set up as an entity of the Chamber and he was involved in some of the initial discussions that are being proposed. Mr. Fetzer stated the mission of the Destination Delray Task Force is to be a group that will promote tourism throughout Delray Beach. He stated this is a tremendous opportunity that came along as a result of the Pra-Bowl being held in Miami this year. Mr. Fetzer stated he would support the City being a co-producer of this event as a onetime event. Mr. Eliopoulos concurs with comments expressed by Mr. Fetzer. Mr. Eliopoulos stated this is where Delray Beach stands out and it is going to help the businesses and the community as a whole. He wholeheartedly supports this request. Mrs. Gray stated she is looking forward to this day and it is a great opportunity for us to showcase our city. Mr. Frankel stated he is a little disappointed that this coincides with Library event. He stated this is a great thing for the city. Mayor McDuffie stated this is an example where the city can do a public- private partnership and make something really good happen. He stated he would support this event wholeheartedly right now and when people talk about why they love to come to our community it is because we do things like this. Mr. Frankel moved to approve the special event request for the Pro-Bowl Tailgate Party to be held on Friday, January 29, 2010, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mrs. Gray -Yes; Mayor McDuffie -Yes; Mr. 25 0l/05110 Eliopoulos -Yes; Mr. Fetzer -~- Yes; Mr. Frankel -Yes. Said motion passed with a 5 to 0 vote. 9.E. AGREEMENT/AMERICAN TRAFFIC SOLUTIONS-.- _ BATS): Consider a revised agreement between the approved vendor, American Traffic Solutions (ATS}, and the City for the implementation of a Red Light Enforcement Program. Sharon L'Herrou, Administrator Officer, stated this is a revised contract between American Traffic Solutions (ATS) and the City of Delray Beach. On December S, 2009, the Commission reviewed this item and at that time directed staff to go back to the vendor and renegotiate the liability clause which staff has done and the vendor has agreed to the terms. Mrs. L'Herrou stated the concerns expressed by the City Attorney previously have been resolved and is therefore before the Commission for approval. Mr. Eliopoulos stated this has always been about safety and expressed concern over the timeframe and making sure that the City can control the timeframe of that intersection so that when someone is going through the intersection and the light is yellow he would like to see that there is a certain amount of time to allow someone to get through. Mr. Eliopoulos stated it is very important that Delray Beach notify people that we have this. Mrs. L'Herrou stated her understanding is that the camera will take a picture before it reaches the line at the intersection so there will be a photograph of the vehicle prior to entering the intersection and only those vehicles that are behind the line at the time that the light turn's red would be ticketed. She stated there will be three pictures altogether: (1) demonstrate the car did not enter the intersection at the time the light turned red, (2} one in the middle of the intersection and (3) one past the intersection. Mrs. L'Herrou stated a person will not be ticketed if they are in the intersection because it did not trigger the photograph prior to someone reaching that line; it is only the cars that are behind the line when the light is already red at that point a photograph will be taken. Mr. Eliopoulos expressed concern over right-hand turns on red. Mrs. L'Herrou stated this is something the City has the authority to decide whether or not we want to ticket that. She stated spine cities do ticket that; however, her recoznnaendatian is to not ticket that. The City Manager stated every one of these situations would have to be reviewed by one of the Police Officers and they make the decision about whether or not to ticket. Mr. Eliopoulos stated he saw a couple of options regarding payments. Mrs. L'Herrou stated the City is going to start off with a fixed rate plan then the City has the option at the end of each year when they renew to renegotiate that and change options. She stated when the program begins most cities experience a high volume therefore the best rate for us is fixed. Mrs. L'Herrou stated once the citizens learn and the volume goes down because the residents comply with the traffic laws then another option would be better for the City and staff wanted to make sure they had the flexibility to switch off. Mr. l~ rankel stated similar to the cameras in Orlando which have the blue lights on it so people know the intersections where they are located. Mrs. L'Herrou stated she saw the photographs of these and does not recall any blue lights being on those 26 01/05/10 and these are supposed to be aesthetically compatible with the City. Mayor McDuffie asked if there is a warning period and he would assume that we would not start giving tickets upfront. Mrs. L'Herrou stated there is a 30 day warning period in the contract and part of the contract is that the vendor will initiate a public relations campaign and an educational campaign to make sure that everyone is aware of this before that 30 day period ends {30 day period from after the camera is up and running}. Mr. Fetzer moved to approve the Agreement with American Traff c Solutions (ATS) and the City of Delray Beach for implementation of a Red Light Enforcement Program, 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. 4.F. LEASE AGREEMENT/COMMUN>CTY REDEVELOPMENT AGENCY (CRA)/OLD SCHOOL SQUARE GARAGE: Consider a proposed Lease Agreement with the Community Redevelopment Agency regarding the Old School Square Garage retail space. The City Attorney stated this is a lease agreement for the retail space with the Community Redevelopment Agency {CRA) and stated the highlights of the agreement are as follows: (1) 5 year term commencing February 1, 2010, (2) Commission has final say over the subleasing of the- space, (3) Annual lease payment in the amount of $150,000.00, (~} CRA or sublease are responsible for the buildout and maintenance of the space, {5) the space will continually be listed for sale and during the 5 year lease term it will be subject to the lease with the CRA, (6) the CRA may discontinue the lease if it is unable to budget the appropriate funds, upon giving the City written notice by May 1 sc Mr. Fetzer inquired about the term that states the Commission has final say over the subleasing of the space and asked if that would be from the standpoint of the Commission approving the tenants that would go in there. The City Attorney stated that is correct. Mr. Eliopoulos stated if the CRA has the opportunity to make more money on it he is okay with that too. He stated he just did not want the City to sell it and now we are actually holding it and making some money. Mr. Eliopoulos stated his views are a little different. He commended the CRA for stepping up and staff for working it out. The City Attorney stated the rental income the City will receive from the CRA does not go toward the bond cap. However, if the CRA rents the space out, whatever rental they receive would go toward that $3 million bond cap. The City Manager stated even though it does not go toward the cap, the City will use that money to pay down the line of credit (debt on building}. 27 O1/05/10 Mrs. Gray asked what we are looking to do with this space. Diane Colonna, Director of the CRA, stated the CRA is going to issue an RFP by hopefully the end of this month and most of the direction has been to look at an arts related use and something that is non-proFt. Ms. Colonna stated they are focusing on something that is going to generate pedestrian activity in the area day and night. She stated the lease does not really address if the CRA is to receive rental income and it goes against the sales price she is not sure what the City's position is on that. Ms. Colonna stated she is assuming that whatever income the CRA receives for rent the CRA will keep. The City Attorney stated when the CRA is ready to sublease it then it would come before the Commission and at that point in time the discussion would have to take place at that time and the Commission may want to be thinking about it before then. Ms. Colonna stated the CRA is rrxore interested in getting the proper use in there and something that is going to make the most of the space. Mrs. Gray asked what happens if the City has a buyer for the building and the CRA is in their second or third year what happens to the other two years. The City Attorney stated the buyer would take it subject to the Iease with the CRA. Mr. Frankel stated Mr. Kinsloe came before the Commission with a great vision; however, he never personally felt comfortable with the price he could pay for his vision which is unfortunate. Therefore, Mr. Frankel thanked Diane and her staff for stepping in and helping the City with this issue. Mr. Frankel thanked the City Attorney and everyone involved and stated it is nice to see something creative being done and something proactive in a situation that was tough. Mayor McDuffie stated there are some non-profits who are desperately in need of some space. He stated we need to visit what we are going to do if in fact revenue comes to the CRA and how we are going to deal with that. Mayor McDuffie stated other than that he is fine with the lease. Mrs. Gray moved to approve the proposed Lease Agreement with the Community Redevelopment Agency (CRA} regarding the Old School Square Garage retail space, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. Frankel -Yes; Mrs. Gray -Yes; Mayor McDuffie -Yes. Said motion passed with a 5 to 0 vote. 9.G. VOTE PROCESSING E UIPMENT USE AND ELECTIONS SERVICES AGREEMENT: Consider approval of a Vote Processing Equipment Use and Election Services Agreement between the Palm Beach County Supervisor of Elections and the city for conducting municipal elections. Chevelle D. Nubia, City Clerk, stated this is an agreement that the Palm Beach County Ad Hoc Committee on Municipal Elections hashed out. Ms. Nubia. stated Susan Bucher, Palm Beach County Supervisor of Elections, asked the Palm Beach County League of Cities if we could bring a Committee together to discuss some of the changes and charges that she wanted to place back on municipal elections. Ms. Nubia 28 01/05/10 stated the Committee was comprised of four elected officials and held four meetings that began July 2009, August 2009, October 2009, and November 2009. This agreement is primarily what we have always done as a city for our Municipal Election but some of the new things that the Supervisor of Elections {SOE) will be passing onto us is expenses that she incurs for the training booklets that she hands out to our poll workers, for contracting and finding the training locations, the City will have to reimburse the Supervisor of Elections Office far any postage cost at the current postal rate. Ms. Nubin stated the Commission usually designates the SOE to handle all absentee and provisional type ballots; however, if there is a particular general election if a voter comes in and says they want to receive absentee ballots for that particular election cycle for that entire year they will be sent absentee ballots and we as a city may or may not know how many people have requested this so the City will receive a bill at the end of a particular election cycle and that could be 5 absentee ballots or 100. Staff will find out what that cost is at the time where before we used to only pay for absentee ballot setup. In addition, Ms. Nubin stated last year that the City had to pay for training our poll workers (155) and the City of Delray Beach has 43 precincts and last year to save on costs we combined some of those precincts and narrowed down our locations from about 22 locations to 19 and we are still looking to do that for this election cycle as well. Ms. Nubin stated the SOE will also be charging the City of Delray Beach for any CD's that she has to provide to the City regarding voter demographics, etc. Ms. Nubin stated the SOE will charge the City of Delray Beach for her staffs overtime an our election night and if the poll workers call the SOE office on Election Day the SOE office will be running a phone bank and the City will have to reimburse the SOE for those charges as well. Ms. Nubin stated the biggest cost for the City of Delray Beach for the Municipal Election is the pay for the poll workers which usually cost over $24,000.00. The City also paid approximately $800.00 for the training that the SOE office did last year. Mr. Fetzer stated there was an article in the Sun-Sentinel about this and he was a little surprised that the cost impact that they quoted for the City of Boca Raton was $93,000.00 last year for its Municipal Election and with these additional charges from the Supervisor of Elections they expect it to go up to $110,000.00. Ms. Nubin stated this is primarily because the City of Boca Raton turned everything over to the Supervisor of Elections office. Mr. Fetzer expressed concern over the cost impact for the City of Delray Beach. Ms. Nubin stated the cost impact to the City of Delray Beach should not be that great and stated all of the municipalities that have a uniform election in March will share some of these costs and it will be prorated between the cities that are participating. Ms. Nubin stated the City of Boca Raton fumed all of their primary responsibilities aver to the Supervisor of Elections whereas we have not done that and noted this comes out of the City Clerk's off ce. The City Manager stated there are parts that the City could take back for example where he worked before he came to Delray Beach they did their own absentee ballots and the City Commission met as a canvassing board and went through the absentee ballots and decided which ones to count and how they voted, etc. 29 O 1/05/1 D Mr. Frankel asked what if the Commission votes "no". Ms. Nubin stated she would have to inform the Supervisor of Elections and is not sure what she will do at that point. Mr. Frankel expressed concern with the overtime on election night because to justify an overtime on the one of three nights of the year for something the Supervisor of Elections does is a little outrageous. Ms. Nubin stated some of the other cities that were represented in the Committee felt as well. She stated there was a lot of discussion about certain things that cities were shocked about that Ms. Bucher wanted to transfer aver to us but this is the reasonable version of the conversations and the agreement. The City Manager stated in the article some of the smaller cities are talking about taking back the whole elections process. He stated the City could do that too although it is a lot of work. The City Manager stated he assumes the election night overtime would be spread among all the cities that have elections on the same date. Ms. Nubin stated all the costs that the Supervisor of Elections is suggesting that she is implementing that are new would be shared among all of the participating municipalities for that election date. Ms. Nubin stated the Palm Beach County League of Cities did recommend that some of the other cities hold their elections in March rather than in November or February but that is up to each individual municipality. Ms. Nubin stated so far the majority of municipalities already hold their elections in March. Ms. Nubin stated the City of Delray Beach has its own costs for advertising which cast a little over $4,000.00 last year especially if we lose a precinct and we are responsible for notifying those voters regarding precinct locations and we have to let them know by law that we are changing something. Ms. Nubin stated she and the City Attorney will be looking at resolutions from other cities because they tend to adopt everything as a resolution so if the Commission would like staff to do this then this may be the best thing. Mayor McDuffie stated it is interesting that especially in view of the Sun- Sentinel article that Commissioner Fetzer is speaking about we are looking at Boca Raton and sample election charges at $22,013.00 and he is talking about $90,000.00- $1I0,000.00. Mayor McDuffie stated that is a huge jump. He stated it could be what happens in the S4E office is that she has fairly minimal wage people that are working these overtime hours and from that standpoint he could see it but she is also adding staff. Mr. Fetzer stated the quote in the article from the attorney for the Palm Beach County League of Cities was "State Law requires Supervisors only to provide services for Federal, State, and County Elections so Susan Bucher is not obligated to provide election services to the city." Mr. Fetzer stated if the Commission is going to vote "no" on this then they may want to be prepared to litigate it too. Mr. Eliapoulos moved to approve the Vote Processing Equipment and Election Services Agreement between the Palm Beach County Supervisor of Elections and the City of Delray Beach for conducting Municipal Elections, 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. 30 O1/05/10 9.H. APPOINTMENTS TO THE CODE ENFORCEMENT BOARD: Appoint three {3} regular members and two {2) alternate members to serve three (3} year terms ending January 14, 2013 and one (1} regular member to serve an unexpired term ending January 14, 2012 to the Code Enforcement Board. Based upon the rotation system, the appointments will be made by Commissioner Fetzer (Seat #2), Commissioner Frankel (Seat #3), Commissioner Gray (Seat #4}, Mayor McDuffie (Seat #5), Commissioner Eliopoulos (Seat #1) and Commissioner Fetzer (Seat #2). Mr. Fetzer moved to reappoint Stanley Brodka as a regular member to the Code Enforcement Board for a three {3) year term ending January 14, 2013, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mr. Frankel -Yes; Mrs. Gray -Yes; Mayor McDuffie -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes. Said motion passed with a 5 to 0 vote. Mr. Frankel moved to reappoint Gerald Franciosa as a regular member to the Code Enforcement Board for a three (3) year term ending January 14, 2013, 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. Mrs. Gray stated she would like to defer her appointment to the regular meeting of January 19, 2010. Mayor McDuffie stated he wished to reappoint George Thacker as a regular member to the Code Enforcement Board for a three (3) year term ending January 14, 2013. Mr. Frankel so moved, 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. Mr. Eliopoulos moved to reappoint Shannon Dawson as an alternate member to the Code Enforcement Board for a three (3) year term ending January 14, 2013, 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 motio~a passed with a 5 to 0 vote. Mr. Fetzer moved to appoint David Boone as an alternate member to the Code Enforcement Board for a three (3) year term ending January 14, 2013, 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~I. APPOINTMENTS TO THE POLICE ADVISORY BOARD: Appoint one (1} regular member to the Police Advisory Board for a two {2) year term ending July 31, 2011 and one {1) regular member to serve an unexpired term ending July 31, 2010. Based upon the rotation system, the appointments will be made by Commissioner Frankel (Seat #3} for one (1) regular member to serve a two (2) year term ending July 31, 2011, 31 ovas~lo and Commissioner Fetzer (Seat #2} for one {1) regular member to serve an unexpired term ending July 31, 2010. Mr. Frankel stated regular member Shelly Weil who is present has spoken to him about an amendment to the ordinance as he has a project working on the Police Advisory Board (PAB) and was seeking reappointment. Mr. Frankel asked how the rest of the Commission feels about amending the ordinance. The City Attorney stated most other Boards are two terms and the Police Advisory Board (PAB) is specifically set forth as two (2) terms. The City Attorney stated if the Commission gives direction to staff to amend the ordinance for something other than two {2) terms staff could look at that but that would apply from then on. Mr. Fetzer stated this same question came up recently with regard to the Delray Beach Housing Authority. The City Manager stated years ago when he started with the City there were no term limits for the City Commission or Boards. He stated some Board members had been on for a decade and there was the feeling that once the term limits were put on the Commission that you could also have some rotation in the Boards. The City Manager stated this is a Commission decision. Mayor McDuffie stated if the Commission decides to extend Mr. Weil's term limits then this they would have to do for every Board. It was the consensus of the Commission to not amend the ordinance to extend the term limits. Mr. Frankel moved to appoint Kevin Warner as a regular member to the Police Advisory Board {PAB) far a two {2) year term ending July 31, 2011, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mr. Frankel -Yes; Mrs. Gray -Yes; Mayor McDuffie -Yes; Mr. Eliopoulos - No; Mr. Fetzer - Na. Said motion passed with a 3 to 2 vote, Commissioner Eliopoulos and Commissioner Fetzer dissenting. Mr. Fetzer moved to appoint Carl Forrest as a regular member to the Police Advisory Board (PAB) far an unexpired term ending July 31, 2010, 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.J. APPOINTMENTS TO THE PARKING MANAGEMENT ADVISORY BQARD: Appoint four (4) regular members to the Parking Management Advisory Board to serve two (2} year terms ending July 31, 2012. Based upon the rotation system, the appointments will be made by Commissioner Frankel (Seat #3}, Commissioner Gray (Seat #4), Mayor McDuffie {Seat #5) and Commissioner Eliopoulos (Seat #1). Mr. Frankel moved to reappoint Alan Kornblau as a regular member to the Parking Management Advisory Board (PMAB) for a two (2) year term ending July 31, 2012, 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. 32 01/05/10 Mrs. Gray moved to reappoint john Gergen as a regular member to the Parking Management Advisory Board (PMAB) for a two (2} year term ending July 31, 2012, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. Frankel -Yes; Mrs. Gray -Yes; Mayor McDuffie -Yes. Said motion passed with a 5 to 0 vote. Mayor McDuffie stated he wished to reappoint Cecelia Boone as a regular member to the Parking Management Advisory Board {PMAB) to serve a two (2) year term ending July 31, 2012. Mr. Frankel so moved, seconded by Mr. Fetzer. Upon roll call the Commission voted as follows: Mr. Fetzer -Yes; Mr. Frankel -Yes; Mrs. Gray - Yes; Mayor McDu~e -Yes; Mr. Eliopoulos -Yes. Said motion passed with a 5 to 0 vote. Mr. Eliopoulos moved to reappoint Peggy Murphy as a regular member to the Parking Management Advisory Board (PMAB} to serve a two (2} year term ending July 31, 2012, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mr. Frankel -Yes; Mrs. Gray -Yes; Mayor McDuffie -~- Yes; Mr. Eliopoulos - Yes; Mr. Fetzer -Yes. Said motion passed with a 5 to 0 vote. 9.K. APPOINTMENT TO PUBLIC EMPLOYEES RELATIONS COMMISSION: Appoint one (1) regular member to the Public Employees Relations Commission (PERC) for a four {4) year term ending January 29, 2014. Based upon the rotation system, the appointment will be made by Commissioner Gray (Seat #4}. Mrs. Gray moved to appoint Stephanie Bedenbaugh as a regular member to the public Employees Relations Commission {PERC) to serve a four (4) year term ending January 29, 2014, 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.L. FUNDING REQIIESTICOMMUNITY REDEVELOPMENT AGENCY (CRA}: Consider making a request for the Community Redevelopment Agency (CRA) to assist the City in funding artificial turf to be permanently placed at the Seacrest Athletic Facility to be used for ayear-round sports training camp. Linda Karch, Director of Parks and Recreation, stated this is to request the Community Redevelopment Agency {CRA) to assist the City in funding of artificial turf to be permanently placed at the Seacrest Athletic Facility to be used for ayear-round sports training camp. Ms. Karch stated Prep and Sports, Inc. aka XPE Sports is a company with a national reputation for preparing numerous professional athletes through an "Extreme" fitness and strength training program for their respective sports. As part of the XPE program, they try to link the professional athletes with youth athletes ages 11 to 1$ to help inspire them to perform better in high school academics/sports in the hopes of receiving a college scholarship. Ms. Karch stated XPE Sports wishes to establish their training camp at the City's Soccer Complex and are in the process of entering into a license agreement with the City. The installation of permanent artificial turf area is 33 01/05/10 needed to train the athletes. In return for the use of the complex, XPE Sports will be holding ayear-round sports training camp that will be free for eligible children. of Delray Beach and they will allow the teams using the Seacrest Athletic Facility to utilize their equipment and turF to train their athletics. She stated as NFL players and persons from National Networks such as ESPN will be residing at local hotels and dining in local restaurants they will help to boost the local economy which in turn helps to strengthen the CIZA's economic development plan and strategy. Ms. Karch stated staff requests that the City Commission request funding assistance from the C17A for installation of the artificial turf. Staff has received two quotes; one is for $34,300.00 and the second one is for $39,250.00. Ms. Karch stated this will probably go out to bid unless we can piggyback onto another city's contract. The City Manager stated the Soccer League has expressed soz~rae concern about this. He stated the City does not have the license agreement negotiated yet with XPE. At this point, the City Manager stated it would be best to separate the location, go ahead and make the request for the CRA to assist with funding, and let the City continue to work with the Soccer League and XPE on the exact location of the artificial turf and get that worked out. The City Manager stated this way staff can bring this back to the Commission with a location that is acceptable to all parties. Mayor McDuffie stated he would like to know the details of the utilization sharing so that we do not get into availability issues and conflicts. He asked if the artificial turf is put over soil or concrete. Ms. Karch stated they would remove the existing grass and put in the sub-surface and lay that on top of the sub-surface. She stated she believes there it is stone and grubber-fill mixture that goes above it then the artifleial grass goes on top of that. Mr. Eliopoulos stated this goes back to the CRA looking at this as an economic stimulus package that can bring positive things to Delray Beach. However, he feels these are separate issues. Brian Thompson, Delray Beach Athletic Club, stated they are not just soccer but They are soccer and lacrosse. Mr. Thompson stated he met with Tony and TJ a few weeks ago and walked around the facility trying to understand what they wanted to do with the project. Mr. Thornpsan stated they are fundamentally in favor of the concept but stated 18 months ago when Parks and Recreation originally spoke to him the concept was different than what is being presented today. Mr. Thompson stated the device was going to be laid out of grass and there was going to be no artificial turf sa the concept of the artificial turf being permanent is new to them. He stated the misunderstanding arose about whether it was going to be permanent turf or was it going to be overlay protecting the grass. Mr. Thompson stated they are at a phase where they are about to start lacrosse season and this is actually the heavier usage of the field because lacrosse has grown another 25% this year. He stated they are willing to work with XPE Sports in trying to figure out the best way to use the facility. Mr. Thompson stated when this project was first discussed it was to make this amulti-purpose multiple sports beyond soccer and lacrosse has come to that fruition. Mr. Thompson stated one of their concerns is that this 34 O 1105110 project could limit the usage of the facility to other sports besides soccer and lacrosse because we are taking a portion of the property. He stated there is room to use a portion of the property for this but maybe not where XPE has that. Mr. Thompson stated this project needs to go back to square two because they have to figure out how it is going to exist on the facility and how it is going to work for the residents, the participants, their participants, Tony's program and what TJ wants to accomplish with it. Mr. Frankel stated the issue right now is a request for funding and feels the groups with work it out. Mrs. Gray stated she realizes that the Commission is going to be voting on whether the City is going to have the support from the CRA but she feels this is a community park and it should be shared by all. Mr. Eliopoulos stated the Commission met with staff about where this program should be located in Delray Beach and one of the things was looking at this area as being a sports complex. He stated this concept on working with some of our children that would not even see this. Mr. Eliopoulos stated the other thing that came out of it is where would this be where you can get a lot of kids that would otherwise never even see one another start to interact. He does not want to see all the sports being set back and believes there is a way to figure this out. Mr. Eliopoulos concurs with Commissioner Frankel that tonight this is really about the funding of it. Mayor McDuffie stated the discussion this evening is about the funding not the location. He stated he is certain we can work out something that is a "win-win" for everybody. Mrs. Gray moved to approve the funding request for the Community Redevelopment Agency (CRA} to assist the City in funding artificial turf to be permanently placed at the Seacrest Athletic Facility to be used for ayear-round sports training camp, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mayor McDuffie -Yes; Mr. Eliopoulos -- Yes; Mr. Fetzer -Yes; Mr. Frankel - Yes; Mrs. Gray -Yes. Said motion passed with a 5 to 0 vote. At this point, the time being 9:49 p.m., the Commission moved to Item 12, First Readings. 12. FIRST READINGS: 12.A. ORDINANCE NO. 03-10: Consider aprivately-initiated rezoning from CF (Community facilities} to RM (Medium Density Residential} fora 0.387 acre parcel of land known as the Bordman Property, located on the west side of Oceanview Avenue, south of Gulfstream Boulevard. If passed, a public hearing will be held on January 19, 2010. The caption. of Ordinance No. 03-10 is as follows: 35 ol~asno AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED COMMUNITY FACILITIES {CF) DISTRICT TO MEDIUM DENSITY RESIDENTIAL (RM} DISTRICT; SAID LAND BEING A PARCEL OF LOCATED ON THE WEST SIDE OF OCEANVIEW AVENUE, 125 FEET SOUTH OF GULFSTREAM BOULEVARD, 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. office.) (The official copy of Ordinance No. 03-10 is on file in the City Clerk's The City Attorney read the caption of the ordinance. Paul Dorling, AICP, Director of Planning and Zoning, stated this is a privately-initiated rezoning from CF (Community Facilities) to RM (Medium Density Residential) fora 0.357 acre parcel of land known as the Boardman Property, located on the west side of Oceanview Avenue, south of Gulfstream Boulevard. The property was previously owned by the Presbyterian Church and was used as an area for their recreational components. The property has been sold and the current owner would like to rezone it to RM (Medium Density Residential}. At its meeting of December 21, 2009, the Planning and Zoning Board considered the rezoning request for the Bordman Property and recommended approval with a 6 to 0 vote. Mr. Frankel moved to approve Ordinance No. 03-IO on FIRST Reading, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. Frankel -Yes; Mrs. Gray -Yes; Mayor McDuffie -Yes. Said motion passed with a 5 to 0 vote. meeting. At this point, the time being 4:52 p.m., Commissioner Gray left the 12.B. ORDINANCE NO. 04-10: Consider modification of the Blood's Grove SAD (Special Activities District) Ordinance No. 46-07, in conjunction with a change to add an additional 1,088 sq. ft. to an existing 29,780 sq. ft. medical office building to total 30,8b8 sq. ft. for the Midtown Medical Building, located at the southwest corner of Linton Boulevard and Old Germantown Road (4600 Linton Boulevard}. If passed, a public hearing will beheld on January 19, 2010. The caption of Ordinance No. 04-10 is as follows: 3b O1/OS/10 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING ORDINANCE NO. 46-07 WHICH ESTABLISHED THE SPECIAL ACTIVITIES {SAD) ZONING DISTRICT FOR MIDTOWN DELRAY, BY AMENDING SAID ORDINANCE 46-07 TO ALLOW FOR AN INCREASE IN THE FLOOR AREA FOR MEDICAL OFFICE BUILDING; AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES, BY AMENDING SECTION 4.4.25(G), "S.A.Ds," SUBSECTION {9) MIDTOWN DELRAY TO REFERENCE ORDINANCE 04-10; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. {The official copy of Ordinance No. 04-10 is on file in the City Clerk's off ce.} The City Attorney read the caption of the ordinance. Paul Dorling, AICP, Director of Planning and Zoning; stated this property is located an the south side of Linton Boulevard. The entire SAD {Special Activities District) contains townhouses and a medical office building approximately 29,789 square feet. Mr. Dorling stated that building has been constructed and is almost completed. He stated they have a tenant which would involve adding 1,088 square feet to the existing building to house a mechanical room with med-gas equipment needed to run an ambulatory service center and includes the addition of a standalone generator required to keep the equipment up and running during a power outage. The proposal will require the elimination of five {5} parking spaces in the covered parking area adjacent to the Medical Office Building. The construction of a mechanical room will add floor area requiring an additional five (5) parking spaces. This application also includes a request to reduce the parking by ten (10) parking spaces. At its meeting of December 2l, 2009, the Planning and Zoning Board considered the request and recommended approval with a 6 to 0 vote. Mr. Eliopoulos asked what they currently have for parking. Mr. Dorling stated they have just enough parking spaces and the Code requires five (5} spaces per 1,000 for medical office which they meet. Mayor McDuffie asked what the demand on the ground floor is. Mr. Darling stated there is one user that is going to come in and operate an outpatient surgery operation and it requires special equipment to revamp the entire air supply of that entire floor several times in an hour. Mr. Darling stated there will actually be an offsite emergency generator. 37 O1/OS/10 The City Manager stated in the agenda backup they presented an engineer's report on why they did not need additional parking and asked if the Commission has to act on this separately. Mr. Dorling stated this is acted on by the Site Plan Review and Appearance Board (SPRAB) which is scheduled to go before the Board on January 13, 2010 between this reading and second reading. Mr. Fetzer stated he is in favor of passing this on first reading and get the input from SPRAB before second reading. Mr. Frankel moved to approve Ordinance No. 04-10 on FIRST Reading, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mr. Fetzer -Yes; Mr. Frankel -Yes; Mayor McDuffie -Yes, Mr. Eliopoulos -Yes. Said motion passed with a 4 to 0 vote. 12.C. ORDINANCE NO. 05-1fl: Consider acity-initiated amendment to the Land Development Regulations (LDR) Section 2.4.7{G}, "Requests for Reasonable Accommodation", to provide an exception to the property address requirement on the "Request Form for Reasonable Accommodation". If passed, a public hearing will be held on January 19, 2010. The caption of Ordinance No. 05-10 is as follows: office.) AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER TWO, "ADMINISTRATIVE PROVISIONS", OF THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, BY AMENDING SECTION 2.4.7{G}, "REQUESTS FOR REASONABLE ACCOMMODATION", IN ORDER TO AMEND THE REQUEST FORM FOR REASONABLE ACCOMMODATION FROM THE LAND DEVELOPMENT REGULATIONS; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. OS-10 is on fIe in the City Clerk's The City Attorney read the caption of the ordinance. Paul Dorling, AICP, Director of Planning and Zoning, stated this provides an exemption to the requirement to provide a property address on the request forms for Reasonable Accommodation. Mr. Dorling stated this is only under the situation where a certain portion of Federal Law applies which protects patient information. He stated if an applicant requests an exemption under this section they are going to be required to substantiate that claim. 38 O1/OS/10 At its meeting of December 21, 2009, the Planning and Zoning Board considered the amendment and recommended approval with a 6 to 0 vote. Mayor McDuffie asked if this is HIPPA regulation. Terrill Pyburn, Assistant City Attorney, stated this is a little different than H1PPA but it pertains to the same type of information. Mr. Fetzer moved to approve Ordinance No. OS-10 on p'IRST Reading, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mr. Frankel -Yes; Mayor McDuffie -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes. Said motion passed with a 4 to 0 vote. At this point, the time being 10:03 p.m., the Commission moved to Item 13, Comments and Inquiries on Non-Agenda Items from the City Manager, City Attorney, and the City Commission. 13. COMMENTS AND IN UIRIES ON NON-AGENDA ITEMS. 13.A. City Manager The City Manager stated Commissioner Gray had asked about getting periodic reports on CRA {Community Redevelopment Agency) projects_ He stated he has been in communication with Diane Colonna about that and they have regular monthly reports that go to their Boards which she will forward to the City Manager and he will forward them on to the Commission and other staff members that should be aware of those reports. The City Manager explained that the CRA has an internal report that goes to their Board about their particular projects. 13.B. City Attorney The City Attorney had no comments or inquiries on non-agenda items. 13.C. City Commission 13.G1. Mr. Fetzer Mr. Fetzer wished everyone a Happy New Year and hopes everyone enjoyed the holidays. Secondly, he stated at the November 3, 2009 City Commission Meeting he mentioned a County ordinance that was being discussed at the time regarding the anti- corruption reforms and establishing an Inspector General's Office. Mr. Fetzer stated he believes that final ordinance was passed by the County Commission in December 2009. Mr. Fetzer stated he is not clear as to what the cities' alternatives and options are and suggested that this item be placed on a Workshop Meeting to discuss the City's alternatives and what the implications for the City would be. Mr. Fetzer stated they originally talked about the City having a referendum to approve participating in this 39 01/05/10 program. The City Manager stated his understanding is that the City can apt in now but the County will have a referendum on the November ballot and if that passes it will mandate cities to come in. Mr. Fetzer stated there is a clear cut decision the City has to make whether to opt in now or wait for the referendum and reiterated that he would Like mare discussion on this at a Workshop Meeting. Mayor McDuffie stated we need a Far greater understanding of what was done. He stated the City wants to he as transparent as possible but he does not want to put a burden on the taxpayers as a duplication of services. Mayor McDuffie concurred with comments expressed by Mr. Fetzer to have further discussion on this issue at the next Workshop Meeting and suggested that someone from the County Attorney's office present this to the Commission. The City Manager stated staff will check with the County Attorney's office. Mr. Fetzer commented about Mr. Ken MacNamee regarding the Waste Management issues. Mr. Fetzer stated there was some suggestion by the Finance Director that we have investigated this enough and we do not need to do this anymore. However, Mr. Fetzer stated he does not hold that position and stated we are still finding billing issues where the City has been underpaid by Waste Management and suggested that this investigation continue until we get to the bottom of every question that Mr. MacNamee has raised. Mr. Fetzer stated he would like to find the staff resources to work with Mr. MacNamee to get all the questions resolved and bring closure to this as quickly as possible. Mr. Fetzer stated the more that comes out on this makes him feel like we may have some internal controls that are lacking here if these things are happening. Mr. Fetzer expressed concern that if this is happening with this contract is it happening with others. Mr. Eliopoulos stated Mr. MacNamee is actually finding money. Mr. Frankel and Mayor McDuffie concurred with comments expressed by Mr. Fetzer and Mr. Eliopoulos. Mayor McDuffie stated we still have an issue and we need to work on it until we no longer have an issue. 13.C.2. Mr. Eliopoulos Mr. Eliopoulos wished everyone a Happy New Year. 13.C.3. Mr. Fraetkel Mr. Frankel wished everyone a Happy New Year. Secondly, Mx. Frankel stated he met with the Police Department and they alerted him to the increase of hypodermic needles being found at the beach. The City Manager stated one day these needles were found on the beach towards the north end and the next day they were on the sidewalk. 40 01/05/10 Mr. Frankel thanked the Commission, staff, and Mayor McDuffie for the Menorah Lighting Ceremony held on December 11, 2009. Mr. Frankel stated he has received compliments from people in the community and visitors who are very appreciative of the support of bringing the Menorah to Old School Square. Lastly, Mr. Frankel stated he had a wonderful dinner at the Seagate Hotel and noted on the December 1, 2009 City Commission Meeting the issue of the valet parking in front of the Seagate was discussed. He stated the times on the signs are incorrect and should read 11:00 a.m. -11:00 p.m. 13.C.4. Mrs. Gray Mrs. Gray left the meeting at 9:52 p.m. and therefore was not present for comments. 13.C.5. Mayor McDuffie Mayor McDuff e wished everyone a Happy New Year. Secondly, he stated the budget will be very interesting this year. Mayor McDuffie stated he has enjoyed working with the entire Commission this past year and looks forward to another great year. Lastly, Mayor McDuffie stated the holidays were wonderful and noted he missed First Nght because he was ill. There being no further business, Mayor McDuffie declared the meeting adjourned at 10:16 p.m. City Clerk ATTEST: MAYOR 41 O1/OS/10 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 January 5, 2010, 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. 42 01/05/10 FORM $B MEIUIORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC {)FFICERS LAST NAME--FIRST NAME~it+IEQRLE NAME NRME OP BOARD, CC3UktGIL, COMMISSION, AUTHORITY, OR CgMMrITEE E7.iopouZos Gary llel.ray Beach City Commission MAiLJNG AQQRESS ~ THE BOARQ, COUNCIL, COMMISSION, AUTHORITY OR COMMITTEE ON 205 George Bush Sou~evard wH1CH I &ERVE IS A UNrr OF: ~~ L'DLINTY CITY ^ COUNTY C] QTH1=Ft L4CALAGENCY 7)e1r8JF BBa.C~'r, 1a~oTid.a 33444 Palm Be2.C~l NAME OFPOLrrICALSUBQIViS10N: f D i B h Ci f o e xay eac aATE ON WHICH vaTl; occur~~o 115 /2010 MY PosrnoN Is: X~f7 ELECTIVE II APPaINTkVE WHO MUST FILE FORM $E This folm is for use by any person serving at the county, city, ar other Focal level of government on an appointed or elected hoard, oounral, commission, authority, or committee. ft applies equally to members of advisory and non-advisory bodies who are presented with a voting carrtlict of interes# under Section '! 12.3143, Florida Statutes. Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive pasliion. For this reason, please pay close atfentlon to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 9~C2.3143, FITORII~A STATUTES A person holding elective or appointive county, municipal, or ^#her Intel public office MUST ABSTAIN from vo#ing on a measure which Inures #o his or her special prorate gain or loss, Each elected or appointed local officer also is prohibited from knowingly voting on a mea- sure which inures to the special gain or foss of a principal i:ather than a government agency) by whom he or she is retained (including the parent organization or subsidiary of a corporate principal by which he ar she is retained}; to the specal private gate or loss of a relative; or to the special private gate or toss of a business associate, Commissioners of community redevelopment agencies under Sec. 163.366 ar 163.357, F.S., and officers of independent special tax districts elected an a one-acre, one-vote Masts are oat prohibited from voting In that capacity. Far purposes of this law, a "relative includes only the officer's father, mother, son, daughter, husband, wife, bro#her, sister, father-in-law, mother-in-taw, son-in-law, and daughter-in-law. A "business associate" means any person or entEfy engaged In or carrying an a business enterprise with the officer as a par#rIe , ~ain# venturer, coowner of property, or corporate shareholder where The shares of the corporation are not listed on any national ar regional stock exchange}. N i # * * i } k R * * * R * * i ELECTED OFFICERS: lh addition to abstaining from voting in the situations described above, you must disclose the conflict: PRIOR TO THE VO'Tt= BE[NG TAKEN by publicly stating fo the assembly the nature of your interest in the measure on which you era abstaining from voting; acrd WITHIN 15 RAYS AFTER THE VOTE OCCURS by completing and fling this farm with the person responsible for recording the min- utes of the meeting, who should incorporate the farm in the mina#es. N * ~. 4 * * • * * * * i N * } APPOINTED OFFICERS: Although you must abstain from voting in the si#ua#ions descr9hed above, you otherwise may participate in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision, whether orally ar in writing and whether made by you or at your direction. 1F YOLI INTENt] TO MAKE ANY ATTENEPT TO INFE_l1ENCE TIME I]ECISION 1~f210R TO THE N1EETlf~fG AT WHICH Ti-lE VOTE WILL BE TAKEN: You must complete and file this form (before making any attempt to fnfiuence the decision}with the person responsible far recording the minutes of the meeting, who will incorporate the form in the minr~tes_ (Continued on other side) CE FORM 88 - EFt=. 1120f)Q ~ ~'~„~,,~,,, ~ .~' ~-~`r~,`. -l . l ~, I't , PAGE 1 APPOINTED OFFICERS (continued} A cagy of the form mcst be provided immediately to the other members of the agency. - The form mus# be read publicly at the next meeting after the form is filed. IF YOU MAKE NQ ATTEMPT TO INFLUENCE THE DECISIQN EXCEPT t3Y DISCUSSIOtV AT'f:HE MEEtltt[G: • Y©u must disclose orally the nature of your conflict in the measure befnra participa#ing. • You must complete the farm and file it within 15 days after the vote occurs wl#h the person responsible far record[ng the minutes of the meeting, who must incorporate the form in the minutes. A copy of the form trust be provided immediately is the other members of the agency, and the form must be read publicly at the next meeting after the farm is fled. DISCLOSURE OF LOCAL OFFICER'S INTEREST I, Gary Eliopoulos. , . hereby disclose that on' Cana-arY 5 .20~~ (a} A measure carne or will come before my agency which (check one) ~ inured #n my specie[ private gain or loss; "sriured ko the special gain nr loss of my business assaciake, , [Hared to the special gain or loss of my relative, inured to the special gain or ions of ~ by whom I am retained, or ,~ inured to the special gain or i6ss of which is the parent organization or snbsid[ary of a principal which has retained me. (!z}The measure before my agency and the nature of my conflicting interest [n the measure is as follows: I atn~the architect for the prn~ect {)linpoulos Architecture, Inc.} 13a#e filed r O ~~ NOTICE: UNDER PROVISIONS OF FLORIfIA STATUTES §~ 12.317, A FA[LURE TO MAKE ANY REGlU[RED D[SCLOSURE CONSTITUTES GROUNDS FOR AND MAY 8E PUN[SHED BY ONE^ OR MORE OF THf* FOLLOWENG: IMPERCHMENT, REMOVAL OR SUSPENSION FRDIVI OFFICE OR EMPLOYMENT, DEMOT[ON, REDUCTION IN SALARY, REPRIMAND, OR A C[VIL PENALTY NOT TO EXCEED $'10,000. CE FORM 88 - EFF. 112000 PAGE 2 IN THE CITY GOMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA WAIVER REQUESTS RELATING TO A TEMPORARY USE PERMIT TO ALLOW TEMPORARY TRAILERS AND AN EXPANDED CONSTRUCTION TRAILER AT DELAIRE COUNTRY CLUB ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA 1. These waiver requests to allow three (3) temporary trailers at Delaire Country Club and to increase the maximum dimensions ofi the construction trailer came before the City Commission on .January 5, 2010. 2. The Applicant and City staff presented documentary evidence and testimony to the City Commission pertaining to the waiver request far the temporary use permit. All of the evidence is a part of the record in this case. Required 1'Indings are made in accordance with Subsections I and II. I. WAIVER TO ALLOW THREE (3) TEMPORARY TRAILERS: LDR Section 2.4.6(F) provides of a list of allowable temporary uses. The Applicant is requesting a waiver to Section 2.4.6{F) to allow for the placement of three (3) temporary trailers at Delaire Country club located at 4846 White Cedar Lane. The three (3) trailers will be used to house the golf pro shop, tennis pro shop, and fitness center. Pursuant to LDR Section 2.4.7(B)(5j, prior to granting a waiver, the approving body shall make a finding that the granting of the waiver: {a) Shall r~.ot adversely affect the neighboring area; {b) Shall not significantly diminish the provision of public facilities; (c) Shall not create an unsafe situation; and, {d) Daes not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances an other property for another applicant or owner. Does the waiver request subject to the conditions attached in Exhibit "A" meet all the requirements of 2.4.7(8)(5)7 Yes / No City Co~~mission Meeting January 5, 2010; Item 9.A. Il. WAVER TQ INGREASE SIZE QF ONE (1) CONSTRUCTI©N TRAILER: LDR Section 4.4.3([)(3) provides for a maximum size of 10' x 12' for construction trailers within R-1 (Single Residential Zoning Districts). The Applicant is requesting a waiver to Section 4.4.3(!}(3) to allow fora 12' x 52' trailer due to the complexity of the construction involved. Pursuant to LDR Section 2.4.7(8)(5), prior to granting a waiver, the approving body shall make a finding that the granting of the waiver: {a) Shall not adversely affect the neighboring area; {b) Shall not significantly diminish the provision of public fiacilities; (c) Shall not create an unsafe situation; and, {d) Daes not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other properly for another applicant or owner. Does the waiver request meet all the requirements of 2.4.1(8)(5)? Yes f 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 faith in this Crder are consistent with the Comprehensive Plan. 4. The City Commission finds there is ample and competent substantial evidence to support its findings in the record submitted and adopts the facts contained in the record including but not limited to the staff reports, testimony of experts and other competent witnesses supporting these findings. 5. Based on the entire record before it, the City Commission approves denies the waiver requests to LDR Sections 2.4.fi{F) and 4.3.4{I){3) subject to the conditions (fisted in Exhibit "A" attached hereto. 2 City Commission Meeting January 5, 20I0; Item 9.A. 6. Based on the entire record be#ore it, the City Commission hereby adopts this ©rder this nth day of ,~anuary, 2014, by a vats of 5 in #avor and 0 apposed. T ST: ~ ~ . ~i~ S. McDu#fie, ~~ Bx~ Cheveile Nubin, City Clerk ~~ City Commission Meeting Januaxy S, 2010; Item 9.A. Exhibit "A" Conditions Related to the Waiver Request to Allovu Three Temporary Trailers at Qelaire Country Glub 1. The Temporary Use Permit shall not be effective until the issuance of a permit for the permanent clubhouse modifications. 2. That the temporary trailers be removed from t}~e property and the area restored pursuant to the site plan of record concurrent with the issuance of a Certificate of occupancy for the clubhouse modifications, but in no event shall the Temporary Use Permit be valid for more than two years from the issuance of same. 4 City Cori~mission Meeting January 5, 2010;1tem 9.A. IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA CONDITIONAL USE REQUEST FOR EUROPCAR ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEAGH, FLORIDA 1. This conditional use request has come before the City Commission on January 5, 2010. The canditional use request is to allow for expansion of an existing auto body repair facility to add a 540 sq. ft. paint booth addition. 2. The Gity staff, applicant, and other persons have presented documentary evidence and testimony to the City Commission pertaining to the canditional use request of Europcar. All of the evidence is a part of the record in this case. Required findings are made in Sections I and I1 below. L COMPREHENSIVE PLAN A. Concurr.. encY: Objective B-2 of the Land Use Element of the Comprehensive Plan requires that development not exceed the ability of the City to fund and provide, or to require the provision of, needed capital improvements far the following areas: Are the concurrency requirements met with respect to water, sewer, drainage, streets and traffic, parks, open space, solid waste and schools subject to the conditions listed in Exhibit "A" ? Yes ~ No ll. LDR REQUIREMENTS A. Section 2.4.5(E~(5) requirescer~ain findings: The conditional use will not: 1. Have a significantly detrimental effect upon the stability of the neighborhood within which it will be located; 2. Hinder development or redevelopment of nearby properties. 1 City Commission Meeting January 3, 2U?0;1tem 9,8. Will Section 2.4.5tE}(5} be met subject to the conditions listed in Exhibit "A"~ / Yes No 3. The City Commission has applied the Comprehensive Plan and LDR requirements in existence at the time the conditional use application was submitted. 4. The City Commission finds there is ample and competent substantial evidence to support its findings in the record submitted and adopts the fiacts contained in the record including but not limited to the staff reports and testimony of witnesses supporting these findings. 5. Based on the entire record before it, the City Commission approves / denies the conditional use application subject to the conditions attached hereto in Exhibit "A" and hereby adopts this Cider this ath day of January 2010, by a vote of 5 in favor and 0 opposed. Neison S. McDuffie, N ATTEST: Chevelle Nubin City Cierk 2 City Commission Meeting January 5, 2090; lfem 9.B. r EXHISTT ccAi~ Conditions Related to Europcar Conditional Use Pursuant to LDR Section 4.6.3(D)(5)(b), handicap parking spaces shall be clearly striped and marked in accordance with Florida Accessibility Code far Building Construction and shall have a sign at the head of the stall reserving it for handicap parking only. Provide a site plan tivhich graphically indicates the location and striping of the handicap space, Also Include a detail of the proposed or existing handicap signage. 2. Pursuant to LDR Section 4.6.9(D){4){b), wheel stops shall be provided for all parking, other than parallel, in the form of concrete or asphalt wheel stops or a continuous concrete curb which is located such that there is two feet {2'} of clear distance from the front edge of the device to the front of the parking space. Wheel stops far several parking spaces are either non-existing or not functional due to deterioration or displacement. Graphically indicate the proposed locations of wheel stops for all required parking spaces. Include a wheel stop detail to accompany the site plan. 3. Pursuant to LDR Section 4.4.28(G)(2), if an off-site parking arrangement is not achievable, then the in-lieu parking fee option detailed in LDR Section 4.6.9(E)(3)(b}(2} may apply. These can be purchased at $15,6oQ per space for CBD-RC zoned parcels west of the ICWW. 4. Modify the site plan to demonstrate a clear unobstructed vehicular pathway to the rear of the proposed structure. CJtherwise, the proposed paint booth/storage shed shall be setback ten feet (10'} from the west property line. Pursuant to LDR Section 4.4.13{F)(5), vehicle access shall be available to the rear of the structure to allow less than a 1 Q' setback on the side interior property line. It is noted while up to a zero side interior setback is allowed under Chase conditiozzs, a l0' building separation still applies. 5, Provide a copy of the cross access agreement established between your parcel and the parcel immediately to the east which contains the driveway access to your lot adjacent to the FEC railroad right-of way. Otherwise, vehicular access shall be demonstrated as feasible from SE 4`" Street to all bays, new paint spray booth and the off-site parking spaces. 6. Provide a copy of the off site parking agreement established between your parcel and the parcel immediately to the south which assures that the two (2) additional parking spaces requfred for the 540 sq. ft. paint booth shall be available in perpetuity. Z. If there is an LDR requirement fora 14' separation distance, then the Applicant must provide acknowledgement from the adjacent property owner to the west that~he will not encroach into the 10' building separation area proposed for the paint booth. 8. Florida windlaad requirements and EPA standards for paint booth design shall be accommodated within your proposal and compliance will be demonstrated, prior to building permit issuance. 9. Florida Fire and Building Code standards for paint booth design which shall be accommodated within your proposal and compliance will be demonstrated, prior to building permit issuance. 14. The existing 33S sq. ft. of landscaping shall be upgraded to match the original plant material, and an updated planting plan should be provided. Cify Commission Meefing January 5, 2010; Item 9.B. i ~1.. IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA WAIVER REQUEST FOR EUROPCAR ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA 1. The waiver request to the 25 foot minimum height requirement fora 540 sq. ft. paint booth addition at Europcar, has come before the City Gommission on January 5, 2010. 2. ~ The Applicant and City staff presented documentary evidence and testimony to the City Cvmrnission pertaining to the waiver request for Europcar. Ail of the evidence is a part of the record in this case. Required findings are made in accordance with Subsection I. I, WAIVER: Pursuant to LDR Section 4.4.13{F}{1 }{a}, CBD Guidelines, the overall height ofi building shall be a minimum of 25 feet and a maximum of 48 feet. The proposed height of the paint booth is 16 feet. The applicant has requested a waiver from the minimum building height. Pursuant to t_DR Section 2.4.7(8}{5), prior to granting a waiver, the approving body shall make a finding that the granting of the waiver: {a) Shall not adversely affect the neighboring area; {b} 5hail not significantly diminish the provision of public facilities, {c} Shall not create an unsafe situation; and {d} Does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. Would the waiver of Section 4.4,'13(F)(1){a) to the 25 foot minimum height requirement in the CBD 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. Cify Commission Meefing January 5, 2090; ifem 9.8.1. s 4. The City Commission finds there is ample and competent substantial evidence to support its findings in the record submitted and adopts the facts contained in the retard including but not limited to the staff reports, testimony of experts and other competent witnesses supporting these findings. 5. Based on the entire record before it, the City Commission approves ~ denies the waiver request to LDR Section 4.4.13(F)(1)(a). 6. Based on the entire record before it, the City Commission hereby adopts this Order this 5th day of January, 2010, by a vote of 5 in favor and 0 opposed. ATT T: ~ ~ Nelson . McDuftie, P ~~ hevelle Nubin, City Clerk ~ ~~/° ~~ ~ '~'''`' 2 City Commission Meeting January 5, 2Q70; Item 9.8.7. ~: IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA CONDITIONAL USE REQUEST FOR DELRAY SCRAP RECYCLING ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA 1. This conditional use request has came before the City Cammission on January 5, 2010. The conditional use request is to establish a scrap metal recycling and starage facility. 2. The City staff, applicant, and other persons have presented documentary evidence and testimony to the City Commission pertaining to the conditional use request of Delray Scrap Recycling. All of the evidence is a part of the record in this case. Required findings are made in Sections I and II beiaw. I. COMPREHENSIVE PLAN A. Goncurrency: Objective B-2 of the Land Use Element of the Comprehensive Pian requires that development not exceed the abiiity of the City to fund and provide, or to require the provision af, needed capital improvements for the fallowing areas: Are the concurrency requirements met with respect to water, sewer, drainage, streets and traffic, par[cs, open space, solid waste and schools subject to the conditions listed in Exhibit "A"? Yes X No II. LDR REQUIREMENTS A. Section 2,4.5(E](5~ requires certain findings: The conditional use will not: 1. Have a significanfily detrimental effect upon the stability of the neighborhood within which it will be located; 2. Hinder development or redevelopment of nearby properties. 1 City Commission Meeting January 5, 2090;1fem 9.C. .. Will Section 2.4.5(E)(5) be met subject to the conditions listed in Exhibit "A"' ? x Yes Na . 3. The City Commission has applied the Comprehensive Plan and LDR requirements in existence at the time the conditional use application was submitted. 4. The City Commission finds there is ample and competent substantial evidence to support its findings in the record submitted and adapts the facts contained in the record including but not limited to the staff reports and testimony of witnesses supporting these findings. ~. Based on the entire record before it, the City Commission approves X denies the conditional use application subject to the conditions attached hereto in Exhibit "A" and hereby adopts this Qrder this 5th day of Janua~201~, by a vote of 5 in favor and a opposed. Nelson S. McDuffie, 1 ATTEST: ~ ~ 1~~~ Chevelle Nubin City Clerk 2 City Commission Meefing January 5, 2070; Item 9.C. EXHIBIT "A" Conditions Related to Delray Scrap 12ecyeling Conditional Use 1, That the Delray Scrap Recycling facility operates Monday through Friday, 8:00 a.m. to 5:00 p.m. and Saturday 8:00 a.m. to 2:00 p.m.; 2. That the plans be modified to show the proposed circulation pattern for drop off and loading functions. This should include a floor plan design of the bay depicting the unloading/loading space location for vehicles, the designated storage and office area, and a circulation flow indicating that in-coming access to the bay far loading ar unloading operations will betaken from SW i 6`~ Avenue with an exit through to SW 15th Avenue; and 3. That no storage of metal products or material of any kind is permitted outside the building and that all loading or unloading of scrap metal shall take place inside the building and all vehicles awaiting unloading are to utilize the parking spaces until space is available inside the building to unload. 1 City Commission Meeting January 5, 2010;1tem 9.G. Page 1 of 1 MEMORANDUM TO: Mayor and City Commissioners FROM: Linda Karch, Director of Parks and Recreation. THROUGH: David Harden, City Manager DATE: January 13, 2010 SUB TECT: AGENDA ITEM 6.A. -REGULAR COMMISSION MEETING OF JANUARY 19 2010 DELRAY ROCKS FOOTBALL AND CHEERLEADING SQUADS PROCLAMATION ITEM BEFORE COMMISSION A proclamation recognizing Delray Rocks Football & Cheerleading Program participants who participated in the 2009 South Florida Youth Football & Cheerleading Competition held at Florida Atlantic University. BACKGRO[TND The Delray Rocks Football teams participated at the 2009 South Florida Youth Football Competition and all five teams, Pee Wee, 801b., 90Ib., 1141b., and 1351b., advanced to the South Florida Youth Football League Playoffs in the League Championships. Also, six Cheerleading Teams finished 1st, 2nd, 3rd, or 4th at the South Florida Youth Cheerleading Conrzpetition. We would like to recognize and commend all the participants and their coaches for their representation of the City of Delray Beach Parks and Recreation Department and offer them congratulations on an outstanding job. http a/miweb0011AgendasBluesheet.aspx?Item1D=2956&MeetingID=23 0 1 /15/2010 PROCLAMATION WHEREAS, the Delray Rocks Football &Cheerleading Program participated in the 2009 South Florida Youth Football &Cheerleading Competition held at Florida Atlantic University, Boca Raton, Florida; and WHEREAS, five football teams advanced to the South Florida Youth Football League Playoffs in the League Championships: The Pee Wee team led by Coach Reginald Caldwell made the first round of the South Florida Youth League Championship; and The 80-pound team led by Coach Dexter Hazel advanced to first round; and The 90-pound team led by Coach Gene Tarver advanced to first round and finished first in the Atlanta, Georgia Turkey Day Classic Tournament; and The 110-pound team led by Coach Neal Collins advanced to the third round and finished second in the Atlanta, Georgia Turkey Day Classic Tournament; and The 135-pound team led by Coach Richard Hughes advanced to the first round and finished third in the Atlanta, Georgia Turkey Day Classic Tournament; and WHEREAS, six Cheerleading teams won first, second, third, or fourth place; or received an excellent rating at the South Florida Youth Cheerleading Competition: The Pee Wee cheerleaders squad led by Coach LeShawn Greaves won an excellent rating and fourth place; and The 80-pound cheerleaders squad led by Coach Crystal Rich won first place; and The 90-pound cheerleaders squad led by Coach Ritney Harvey won fourth place; and The 110-pound cheerleaders squad led by Coach Kristie Owens won third place; and The 135-pound cheerleaders squad led by Coach Kimberly Ellis won first place; and The 1 b5-pound cheerleaders squad led by Coach Jacara Nixon wan second place. NOW, THEREFORE, I, NELSON S. McD[]FFIE, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission, do hereby recognize and commend: The Delray Rocks Football and Cheerleaders Participants for their xepresentation of the City of Delray Beach Forks and Recreation Department and offer them congratulations on an outstanding job in the 2009 South Florida Youth Football and Cheerleading Competition. IN WITNESS WHEREOF, 1 have hereunto set my hand and caused the Official Seal of the City of Delray Beach, Florida, to be affixed this 19~` day of January, 2010. NELSON ~. McDUFFIE MAYOR WHEREAS, the Delray Beach Athletic Club, home of the Delray Beach Soccer Club, is a nonprofit volunteer driven entity; and WHEREAS, the mission of the Soccer Club is to provide recreational sports, cultivating both developmental and competitive aspects to the greater Delray Beach area; and WHEREAS, the Delray Beach Soccer Club held its season-ending soccer tournament, Delray Beach Athletic Club Mayor's Cup, on December 12, 2009; and WHEREAS, two teams won the 2009 Delray Athletic Club Mayor's Cup: Stuart & Shelby Development Aces, the under l3 team led by Coach Todd l,'Herxou with a record of nine {9) wins and two {2} losses; and MacLaren Signs Dragons, the under 16 team led by Paul Stanley with a record of eight (8) wins, one { 1 } loss and a tie. 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 the winners of the Delray Beach Athletic Club's: ~~~ ~~~ for their excellent performance and outstanding achievements in soccer and for bringing honor and distinction to the City of Delray Beach through their efforts. IN WITNESS WHEREOF, 1 have hereunto set my hand and caused the Official Seal of the City of Delray Beach, Florida, to be affixed this 19t~` day of January, 2010. NELSON S. McDUFFIE MAYOR Item 6.B. WHEREAS, February is designated as black history month and African Americans have contributed immeasurably to the rich of our dyr~arruc, multicultural society. They ex~nbody our Nation's core values, including devotion to family, commitment to hard work and pride in their heritage, and have added to every aspect of o~ national life; and WHEREAS, wE must bear witness to the progress, richness, and diversity of African American achievement; and WHEREAS, the preservation and consercTation of African American heritage and culture are important to our history; and WHEREAS, an observance of African American achievement has been recognized since 1926; and WHEREAS, it is important that wE share this celebration of the human spirit as demonstratedbythe traditions and legaaes of our African American citizens. NOW, THEREFORE, T, NELSON S. McDUFFIE, Mayor of the City of Delray Beach Florida, on behalf of the City Commieion do hereby proclaim the month of February, 2009 as BLACK HISTORY MONTH and encourage all of our residents to join in this recognition of the accomplisl~rnerlts and contributions made to our community and country by African Americans. 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 19~` day of January, 2010. NELSON S. McDLTFFIE MAYOR Item B. C. Page 1 of 1 MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: January 13, 2010 SUBJECT: AGENDA ITEM 7.A. -REGULAR COMMISSION MEETING OF JANUARY X9 2010 RESOLUTION NO.02-10 ITEM BEFORE COMMISSION The item before Commission is Resolution No. 02-10 to endorse Employer Support of the National Guard and Reserve. BACKGROUND The attached Resolution No. 02-10 endorses Employer Support of the National Guard and Reserve. Also attached is a letter from Employer Support of the Guard and Reserve requesting a formal presentation of their Statement of Support. RECOMMENDATION Approve Resolution No. 02-10. http a/miweb001 /Agendas/Bluesheet.aspx`?ItemID=2952&MeetingID-23 0 1/15/2010 RESOLUTION N0.02-10 A RESOLUTION ENDORSING EMPLOYER SUPPORT FOR THE NATIONAL GUARD AND RESERVE, IN FURTHERANCE OF OUR COUNTRY'S SERVICE MEMBERS AND THEIR FAMILIES DURING TIME OF NEED; FURTHER INSTRUCTING THE CITY CLERK TO TRANSMIT SAME TO THE CHAIRMAN OF THE NATIONAL COMMITTEE FOR EMPLOYEE SUPPORT OF THE GUARD AND RESERVE; PROVIDING ANEFFECTIVE DATE. WHEREAS, the City of Delray Beach as an employer who proffers unconditioxial support for the Guard and Reserve recognizes that the National Guard and Reserve are essential. to the sh~ength of our natian and the well being of our coi~nmLnities; and WHEREAS, in. the highest of Atx~rican traditiory the patriotic men and women of the Guard and Reserve serve voluntarily in an honorable and vital profession; whereby they are trained to respond to their commt7r,;ty and their country during time of need; ft~her aclmowledging that said individuals deserve the support of every segrnier~t of our society; and WI~REAS, if these volunteer forces are to continue to serve our nation, increased public understanding is required of the essential roles of the Guard and Reserve in preserving our national security, NOW, THEREFORE, BE IT RESOLBED BY THE QTY COMMISSION OF THE QTY OF DELRAY BEACH, FLORIDA: Section 1. That foregoing "Whereas" clauses are hereby ratified and confi~.~cl as being true and correct and are hereby made a specific park of this Resolution upon adoption hereof. Section 2. That the City Corr,mi~ion does hereby join other employers in pledging that it fully recognizes, honors and enforces the Uniformed Services Employrnent and Reemployment Rights Act (USE RRA). Section 3. That our managers and supervisors will have the tools they need. to effectively manage those employees who serve in the Guard and Reserve. Section 4. That we will continually recognize and support our country's service members and their families in peace, in crisis, and in war. Section 5. That the city Clerk is hereby instructed to transmit a copy of this resolution to both the Chairman of the National Committee and the Chair of the Florida Committee for Employer Support of the Guard and Reserve. Section 6. This resolution shall take effect inrcx~ediately upon its adoption. PASSED AND ADOPTED irii~cgular session on ~ the 19~' dayof January l9, 2010. ATTEST: QTY CLERK MAYOR ORD. N0.61-09 OF>=1CE O~ THE ASSISTANT SECRETARY OF DEFENSE FLORIDA CdNIMITTEE FdR EHIPLOYER SUPPdRT dF THE GUARD AND RE: 2963 Compton Way, Tallahassee FI 32309 RE: Statement of Support for Employer Support of the Guard and Reserves (ESGR) Dear Florida League of Cities Members, ~~C~~d~~ OCT 3p 20U9 L~ CITY COMMISSION On behalf of the Florida ESGR Committee it is my honor to thank you for your outstanding participation and support of ESGR's Statement of Support {SOS) program. The Florida League of Cities (FLC) unanimously passed a resolution in support of this effort at their 1 S August Annual Conference in Orlando and your effort and support resulted in Florida beca~ning the FIRST state in the nation to have 100% of the FLC membership executing the Statement of Support. This is a maj or milestone and sets the example for the rest of the nation to follow. We are confident the rest of the League of Cities across the nation will follow your lead. The FLC leadership will be assisting the other League of Cities to match what you have accomplished, ESGR is a Department of Defense Organization and its committee members volunteer their time in support of the men and warren of the National Guard and Reserves, their families and employers. ESGR provides free education, eonsultatiolt and if necessary mediation for employers of Guard and Reserve employees. ESGR's goal is to support America's employers who share their employees with the nation to ensure our national security. Your League President, Mayor John R. Marks, iII sent a letter to everyone announcing this effort and initiated steps for the FL ESGR Committee to complete the application process for all of the members that desired to participate. The registration far all 410 members of the Florida League Cities was completed on 07 October. As of this date, you became a SOS member and part of the 1~irst state to reach the 100°/n mark. You will find enclosed the SOS with the name of your City/Town printed and ready for signature by the official of your choice. Vie recommend you sign this upon receipt. The Florida ESGR Committee is offering to participate with as many as possible of the 410 FLC me~[zabers in a formal presentation of the SOS during a Commission Meeting ar atlzer venue of your choosing. We have participated in a number of these presentatiozas in the past and they are hugely rewarding for all concerned 1_n fact, we presented the firsk of the 410 SOSs to your President Mayor Marks and the City of Tallahassee on 07 October. It was great event and covered by media which spread the word ofthe selfless service of these Reservists and their Families and how the City of Tallahassee has committed itself to supporting these great American Fatriots. when we do the SOS presentation, we like to have the CitieslTowns invite all of their Employees that are rnernbers of the Reserve Components to participate along with theix spouses to be recognized and honored for their service. We also glue the Commissioners the opportunity to sign a SOS during the presentation and offer the audience the opportunity to join the CitylTown arad Commissioners in signing a SOS for their companies. The SOS presextation enhances the community and businesses awareness and support for the Men and'~omen of the Guard and Reserves. If you would like to have a FL ESGR Committee member participate in your SOS presentation, please send us an email request at FL.SOS@ floridaesgr.com. Please include your point of contact, email address, phone numbers and possible ceremony elates, so we can work together to schedule a date and time. I lenow many of you executed the SOS in the past and we thank you for your support. We are registering you again as a reconfirn~ing of your support and encouraging you to participate in a formal presentation of this new SOS to emphasize your patriotic commitment and to encourage others businesses and organizations in your community to follow your leadership. if you would like to script a Resolution, we have enclosed a recent one by Mayor Don Slesnick of Coral Gables. A resolution is not required, but it certainly adds additional emphasis to the Event. EMRLOYER SUPt'DRT OF THE GUAROAN6 RESERVE - You can view state listing of SOS signers at the ESGR Web site, rti~nn~i~. esgr: rriil: click an "Pragrams" near the toy center ~r~c'~k~ City of Delay Beach ~e recognize the National Guard and Reserve are essential to the strength of our nation and the well-being of our communities. ~n the highest American tradition, the patriotic men and women of the Guard and Reserve serve voluntarily in an honorable and vitas profession. They train to respond to their community and their country in time of need. They deserve the support of every segment of our society. If these volunteer forces are to continue to serve our nation, increased public understanding is required of the essential role of the Guard and Reserve in preserving our national security. ~heref©re, we joie other employers ~n pled.ging that: 1. Employment will not be denied because of service in the Guard or Reserve; 2. Employee job and career opportunities will not be limited or reduced because of service in the Guard and Reserve; 3. Employees will be granted leaves of absence for military service in the Guard and Reserve, consistent with existing caws; and 4. This agreement and its resultant policies will be made known throughout our organization. Employer Chairman National Connnittee fa2• Enzplc~yel' ,Snppol~ of the Guard arzd Reserve Prim IVanre Date EMPLCsYER SUPP012T OF SHE GUARD AND C{ESERVP ~~-~ ~--a Secretary ofDef r se Join T~iousand's of tether American Employers .. . Earn Five Star Recognition far your support of the men and women now serving proudly in A.merica's National Guard and Armed Forces Reserve. Your state's Employer Support of the Guard and Reserve Comrriittee can and will work with you to provide you with assistance and guidance in keeping your Guard and Reserve member employees on the job and in the ranks. You can earn the recognition you deserve by providing demonstrated support for the volunteers who serve our nation: ~. Sign a Statement of Support and tell your community that you stand behind our service members -- your employees -and their families in peace, in crisis and in war. 2. Review your Military Leave Policies to ensure that your policies comply with the provisions of the Uniformed Services Employment and Reemployment Rights Act (USERRA, Title 38, LTS Code, Public Law 1.43-353}. ESGR can assist you. Call us at 1-8QQ-336-459Q or log on to www.esgr.mil. 3. Train your Managers and Supervisors and give them the tools they need to effectively manage your Guard and Reserve member employees -ask, your ESGR volunteers for training assistance. 4. Adopt `Above and }3eyond'.l'alicies in your organization that provide your Guard and Reserve xx~.ember employees with mare support than that required by law. Yaux ESGR volunteers can tell you about the best practices adopted by thousands of other employers across the nation. ~'. Support ESGR YOU can make a difference with your time, energy, effort and contributions. A.sk your ESGR volunteer how you can get involved in your state ESGR Committee and how you can reach out to other employers. cry of co~.~-L ~A~IGES, FL©R1rDA RESOLU'1£`ION 2009-228 A RESOLUTION ENDORSING EMPLOYER SUT'PORT FOR THE NATIONAL GUARD AND RESIJRVE, 1N FURTHERANCE OF OUR CflI)NTRY'S SERVICE MEMBERS AND 'T'HEIR FAMILIES DURING T1ME OF NEED, FURTHER 1NSTRUCTING THE CITY CLERK TO TRANSMIT SAME TO THE CI-L4IRMAN OF T'HE NATIONAL COMMITTEE FOR EMPLOYEE SUPPORT OF THE GUARD AN- RESERVE. WHEREAS, the City of Coral Gables as an employer who proffers unconditional support for tyke Guard and Reserve recognizes that the National Guard and Reserve are essential to the strength of our nation and the well being of our communi#ies; and WHEREAS, in the highest of American tradition, the patriotic men and women of the Guard and Reserve serve voluntarily in an honorable and vital pmfessio~k; whereby they are trained to respond t© their community and their country during time of need; firrther acknowledging that said individuals deserve the support of every segrrkerkt of our society; ak~d WHEREAS, if these volunteer forces era to continue to serve our nation, increased public understanding is required of the essential role of the Guard and Reserve in preserving our national security; NQW, THEREFQRE, BE IT RESOLVED $Y THE C~'Y C©MIVIISSI~N ©F THE CITY ©F CORAL GABLES: SECT;I(?N X. That foregoing "Whereas" clauses are hereby ra#ified and eonfirnied as being true arkd correct and are hereby made a specific part of this Resolutiork upon adoption hereof. SECT1<Ol~l 2. That the City Commission does hereby }oirk other employees in pledging that it fully recognizes, honors and enforces the Uniformed Services Emplayrnent and Reeznploynaerkt Rights Act (USERRA). S>VCTIQN 3. Tlkat our managers and supervisors will have the tools they need to effectively manage those erployees who serve in the Guard and Reserve. SECTION ~. That vie will continually recognize and support our country's service menrkbers and their families in peace, in crisis, and in war. Page t of 2 -Resolution Na. 2009-228 SECTIQ~T 5. That the City Gierk is hereby instructed to transmit a cagy of this resa~ution to both the Chairman of the National Canunittee and the Chair of the Florida Committee for Employes Support of the Guard and Reserve. SECTIQN 6. That this resalutiau is effective itrxrr-ecliaiely upon the date of its passage and adaptian herein. PASSED AND Al7aI'TED `I"ITIS TWENTY-FIFTH DAY OF AUGUST, A.D., 209. (Moved: Cabrera/ Seconded: Anderson) (Yeas: Cabrera, Kerdyk, Withers, Anderson, Slesnick) (Unanimous: 5-0 Vote) (Agenda Item.: C-7) APPR©VED: !~ ...~- ` - . - ~ "" ~ DbNALD D. SI',ESNICK II MAYpR A S"f:~~ ~' is ~ ~ - - - ~~~~ WALJ. FOfiMAN CITY CLERK APPROVED AS TO FORM AND LECrAL SUFFICIENCY: .f z; M.I~ERIVAND~z CITY A Page 2 of 2 -Resolution No. 20U9 22$ Page 1 of 1 MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: January 14, 2010 SUBJECT: AGENDA ITEM 7 B -REGULAR COMMISSION MEETING OF JANUARY 14 2010 RECOGNIZING AND COMMENDING DR. BRADLEY BRADFORD ITEM BEFORE COMMISSION On November 15, 2009 the staff at the Boy's and Girl's Club of Delray Beach learned that they would not be receiving a donation of 200 turkeys that was promised to them to give to needy families throughout our community for Thanksgiving. Just days before Thanksgiving, Staff and Board Members alike began to reach out to members of our community for donations, lowering the goal of feeding 200 families to 75 families. Then contact was made with Doctor Bradford of Pediatrics by the Sea. Without any hesitation Dr. Bradford saw a need and committed to donating 100 turkeys to the Boy's and Girl's Club. A few nninutes later Doctor Bradford called back and stated he would donate 125 turkeys. Minutes after he saw a need to help out some of his patients and committed to donating a total of 150 turkeys to the Boy's and Girl's Club of Delray Beach. Due to Doctor Bradford's donation and donations from others throughout our community, not only did the club exceed the new goal of feeding 75 families, it far exceeded the original goal of feeding 200 families on Thanksgiving Day. Doctor Bradford's generosity sets the foundation of the fundamentals that are instilled in the children of the Boy's and Girl's Club each and everyday. httpalmiweb001/AgendasBluesheet.aspx?ItemID=2962&MeetingID=230 1/15/2010 Page 1 of 1 r MEMQRANDUM TO: Mayor and City Commissioners FROM: Juan Manzano, SPIRIT Committee Chair THROUGH: David T. Harden, City Manager DATE: Januazy 12, 2010 SUBJECT: AGENDA ITEM 7.D. -REGULAR COMMISSION MEETING Or' .IANUARY I9, 2010 S.P.I.RI.T. QUARTERLY AWARDS ITEM BEFORE COMMISSION The item before the City Commission is the recognition of one quarterly winner chosen by the SPIRIT Committee for service, performance, integrity, responsibility, innovation, and teamwork. BACKGROI]ND In accordance with the City's SPIRIT policy, employees nominated by their peers for a Quarterly Award and approved by the SPIRIT Committee are presented with an award certificate by the Mayor. The following employee met these requirements: Steve Swanson, Police Officer. httpa/miweb001/Agendas/Bluesheet.aspx?ItemID=2947&MeetinglD=230 1/15/2010 EXHIBIT A ---_ ~~,a xs m o~ ey~~ r7 fly. ~T n \'~ ~' J ITS tN THE PEC}4~'0 SPIRIT Award Nomination Form Nominee Information: Name: Officer Steve Swanson Department: Police Phone # 561-2437800 Nominator Information: Name: 5eraeant Scott McGuire Department: Police Phone # 561-243-7800 Signature: (Electronic} Date: 116110 The City of Delray Beach SPIRIT Award Program awards and recognizes employees for their exemplary actions in following the City's Core Beliefs by providing exceptional Service through Performance by acting with lnfegrify, being Responsible, taking Innovative action, and practicing Teamwork. Any City Employee may be nominated provided that he or she has demonstrated (a) an incident outside the normal scope of job responsibilities, (b} a history of exemplary City service through actions which display SPIRIT or, {c) an act or event which positively impacts the city, community, or general public, Please use the space provided below explaining the employee's exemplary service. Feel free to attach any supporting documentation i.e. photos, comment cards, etc. Nominations must be submitted to Human Resources no later than the 1~ Friday of the months of October, January, April, and July. In the month of December, Officer Steve Swanson showed exemplary service and compassion as he participated in a community service program called "Project Homesafe". He played Santa for numerous orphaned children and this was his second year participating in this program. Visited were three group homes far children in the county. Homes included Orphan Girls (in Boca Raton), Boys Orphanage (in West Palm Beach), and the largest group was the Foster Kids (in West Palm Beach}. Toys were brought and delivered by Santa, Steve Swanson, to roughly 150 kids that otherwise would have gone without. Making a difference in the community is what Steve Swanson did in the month of December 2009 and truly represented the SPIRIT of the city of Delray Beach. Thank you in advance for his consideration. Page 1 of 2 ~ ~v 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: January S, 2010 SUBJECT: AGENDA ITEM 8.A. -REGULAR COMMISSION MEETING OF JANUARY 19, 2010 REVISION TO AGREEMENT/STANLEY CONVERGENT SECURITY SYSTEMS, INC. ITEM BEFORE COMMISSION Approve a modification to the contract awarded to Stanley Convergent Security Solutions, Inc, for the installation of Phase II of the security/fire monitoring system at the Water Treatment Plant. BACKGROUND On November 17, 2009, City Commission approved an award to Stanley Convergent Security Solutions, Inc. {SCSS) in the amount of $22,2&1.00 for the installation of Phase II of the sccuritylfire monitoring system at the Water Treatment Plant; Item 8.5.1. The award included the "Standard Form of Agreement Between City and Contractor". The agreement as approved on November 17, 2009 is attached. A week prior to the award recommendation, staff requested SCSS to review the agreement and respond if they had any objections. Unfortunately, it was after the Commission meeting when their legal counsel contacted staff objecting to the standard indemnification clause within the agreement. Although SCSS will be installing the actual system components, they will not be acting in a construction capacity. They provide a service related to life safety, which is inherently high risk and high liability. The risk of loss, and the potential liability for such losses, exist before, and independent of, the existence of the system. The security systems they install do not create, nor increase, the risk of such losses nor the potential liability for such losses. Therefore, while their systems attempt to reduce the risk of loss, they cannot, and do not, eliminate the risks. In addition to this matter, they had issues with the term of the contract being limited to 90 days for installation; they prefer a term of 60 months being applicable to a complete and operational system for monitoring, testing, and inspection of all devices to match our existing contract in place for the core system where the entire system is on the same cycle. The City Attorney and Utilities Staff have negotiated with SCSS terms and conditions that would be acceptable to both parties. Hence, staff is proposing not executing the "Standard Form of Agreement Between City and Contractor" and only executing the "Contract Rider" in the amount of $22,261 for http:I/zniweb001 /AgendasBluesheet.aspx?ItemID-2937&MeetingID=230 1/15/2010 Page 2 of 2 installation, plus the monthly monitoring fee of $211.04 for 60 months. The City has an existing original "Installation and Service Agreement" (dated October 2001) as well as an existing "Contract Rider" for Phase I (dated 2007). This allows continuity in the installation of system components and their monitoring with the same vendor. Staff recommends modifying the award to Stanley Convergent Security Systems, Inc. for installation of Phase II of the Security/Fire Monitoring system at the Water Treatment Plant by removing the "Standard Form of Agreement Between City and Contractor" and only executing the "Contract Rider". FUNDING SOURCE Funding was previously approved 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 modifying the previously approved agreement (in the amount of $22,261.00) to Stanley Convergent Security Solutions, inc. for the installation of Phase II of the Security/ Fire Monitoring system at the Water Treatment Plant. http:/Imiweb401/Agendas/Bluesheet.aspx?ItemiD=2937&MeetingID=230 1/15/2010 S~curi#y Snlutiorlls~ Contract Rider This agreement between Stanley Convergent Security Solutions, !na ("SCSS")and DELRAY BEACH tNATER PLANT ("Customers) suppiernents and amends the Contract Agreement between the parties dated 40/i/200f (the "Agreement") covering the furnishing of service and equipment to the Customer's premises at 2017 SW sFN 57, CELRAY BEACH, FL 33444 intending to be legally bound, the parties further agree chat: 1.7he €nitial term of the Agreement is hereby extended fnr a period at slxly (60) months tram the date hereof and shall thereafter automatlcally renew as sat forth in the Agreement. 2. If addillnnal service and equipment are to he furnished to the Customer at Bald premises, then only such addiiianal service and equipment shall ha famished as Is dasartbed 'sn the Terms and Cond€iions set forth below (or In a separately attached Terms and Agreements). - atn~ef~slgn •~~ ith ~-f)NE~dflaa-eampletlea-af~pa-IRStallFltlea: Further, the Custamsr agraos to pay to Stanley CanVergehl Security Selutions, Inc. the amount of the addRlonal Recurring Service Charge Indicated below, in advance during the tens of this Agreement on the same perfodlc payment schedale as the other rel:llrring service charges set forth in the Agreement (a) Any addltlnnal service and equipment provided parsuant to this Rider shall he governed try the provisions of the Agreement, Including witheut Ilmltatian the provision of Section 4 ("Liquidated Clamages and SCSS Limits of Liablllty"). 3. Ts the extent the agreement is modified other than es set Earth In Seclfon 2 hereof, such madlflcalions, If any, will be set forth In the Schedule of Service and Protactton section hereof. Quantity Equipment Park Namber 12.0 S stem Sensor 2 Wire Hom/Strobe standard ed 13It`-P2R 4.0 System Sensor Strobe standard ed BK-SR 1.0 System Sensor 2 wire horn strobe outdosr std cd BK-P2RIG 11.0 Manual Pull Stationwith Honeywell Logo S464F1DD8 3.D C1NIlt-300 FireLite Addressable Control Module, Suporvised, Class A1B -___ FIrCMF300 1.D Honeywell PowetProducts $A 24VDC F/A NAC POWER SUPPLY OH-HPP24S8 1.D STI Sto er cover wlhorn pp SF-1100 Quantity Equipment Service Plan Fire Alarm Test & Inspections -THIS 15 SECOND PHASE ADDITION TO EXISTING INSTALL -INSTALLATION TO 8E DONE A5 PER SlIBM17TED ENGINEERED PLANS AHJ(AUTHORITY HAVING JL1RISl]ICTION) RESERVES THE RIGHT TO MAKE CHANGES THAT MAY CHANGE THE TOTAL INSTALLATION PRICE Licenselnfatmation: AL UB-8B8, ASn6¢ma Electronic security Hamd art-iccnaurc, 7956 Vaughn Rd., Momgomery, AL 3bl l6 (3345264-9388: AZ ReC204973: CA ACU6(155; 8480I9,Alnrm com}wny opetalora ¢re littnsed ¢nd regulnled by the Beueau oT Security & Investigative services, Dept, orCunslmer Alruirs, Sacramcnia, CA 95614: ~]I04-156; FAL-9QEtt; Fs7: 0959: DC 20104Y.){}S]C-bGf)OSISO; pL EF2U0©D995: GAGA. IiEG. LVV0.05586: IL 12790 5 2 74: LA III173; t3F10.31: t1fII MC6a919206: 1~ 167-1 [7q,Maryland alale pnlice, licco~ing divsiaa, 7751 Waslringlon 61vd, Jessup, MR 20794: MAC 1628: M[ 5[03306; 36017A5074: MN 7501238: MT399: NJ 639887; 10740.85: NY r7A002757fi3, Licased by NYS Depl. ofslnlea.C 7Iq•CSA; 17175-SP-LV, Alarm syatans Li~asiag ed_, 1631 Mid[¢rvn Pl.. Ste, 104, Raleigh NC 27609 [919)875-3511: ei{ 53-B9-1512; pK 953: nR I615G7: >u 3935: aC FA3367; 9A550r:7N C-I 180; 77r n02Ig0; ACa2G39, Texas Cum'n on ]7ivale Security, 5005 Lanur-lvd., Austi,,, r7( 78773: I1T 5704056.6501; VA I1A298; 2705-087235A, Cnmmoawe¢0h ar Vi,gini¢, Dept of Criminollastice acmccs, 805 Hest omad 81ree[, 90sIZ., Riefanand, VA 21219: WA 95MELLT944L2: WY LV-A-32; TLV-A.-15331. ~s - ,., Security Solutions Total Installation Price Selos Tax (if applicable) Total Price Deposit (n-hand) Balance Due Upon Completion Total Monthly Fee Payment Frequency Contract Rider USD 22,261.DD The Agreement shall remain in full force and effect in accordance with all the terms and conditions thereof, modified only to the extent herein spectfica€iy provided tor. Said Agreement as sa mndlfiad constitutes the entire agreement U5D 22,261.00 baiween the parties, which Agreement cannot be further modified except by another written agreement executed by the parties as herein set €orth. 261.00 USD 22 The Rider is not binding unless approved in writ€ng by an Authorized , Representative of SCS5. if such approval is not obtained, SCSS only liability USD 211.D4 shaft be to return to Cuatomar the amount, if any, paid to StaDfey Convergent Match Existing Security Solutions, inc. upon the signing of this Rider by Its Security Frequency Representative. BY Sewr"sty Representative Customer Approved Authorized Representafive By Title Date Lieensclnrorm¢tioa AL 06-888,Afnbann¢ Elxtronic Security anord o[Licensure, 7456 Vaughn ltd., Montgomery, AL 3fil E6 (33q) 264-9368: AZ Rt)C209975: CA AC06055; B-08019, Aln,m company opereto3s ore Licensed and regulnlM by she Bureau aT Seurtity & investigative Services, ncya. orCuusumer Afroirs, Socremesto, CA95819: DE Oq•]58; FAL-Ii001; FSL4p59: pC 20144x3CIX-66005230: FL EN20000495: GA GA. IIBG. LW4455g6: II. 127001274; LA Dl 173; BF1931: ME MC644E9206: Nm 107-I L74, Msryl¢nd smie pnlicr, licensing division, 7751 Washington Blvd, 3essup,MD 20794: MA 0162&: MI 5103306; 36fl1205074: P.[r~E 3'591238: MT 349: ii7 6398&7;1474485: NY I2000Z75763, Licensed hl' NYS Uept orSlote: NC 7r4-CSA; ]7175-SP-LV, AI¢rm Systems Licensing Bd., 1631 Midtown PL, Ste. IOA, Raleigh, NC 27609 (9E9)A75A61 is p6 5Y89-1512: OK 953: OR IGL567: RL 3935: SC FA3387; DA5561:7791}1100; 37t 602140; ACR2639, 7exus Com'n on Privole Security, 5845 Lom¢r 91 W., Aus1;n, 17r 78773: llT 570406&6541: VA I1-4298; 2705-087235A. Commnttwe¢ith orvsgisde, Dept orCxFtninnl Jus[irx Services, R45 Ess1 Dmsd Stmet, 9113FL., Richmond, VA 23219: WA HSMELEP944L2: WY LV-A-32; TLV-A-15331, 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 5tanley Convergent Security Systems, Inc. (hereinafter called CONTRACTOR). WITNESSETH: The CITY and the CONTRACTOR in consideration of the mutual covenants hereinafter set forth, agree as follows: 1. The undersigned CONTRACTOR hereby represents that he has carefully examined all 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 fiollowing: 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) PerformancelPayment bond Proposal PAGE NUMBERS NIA NIA 'I 2 4. The term of this contract shall commence upon execution of this agreement by both parties and shall continue for a period of 90 da s 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 9 00 NW ~ st Avenue Delray Beach, FL 33444 As to CONTRACTOR: 5tanley Convergent Security Systems, Inc.____ 3082 N. Commerce Parkway Miramar. FI. 33025 954-430--6400 (office) T. 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 legs[ 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 an account of any liabilities, damages, losses and costs received ar sustained by any person or persons by ar in consequence of any negligence {excluding the sole negligence of the C[TY), 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 ar 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 ar 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 casts 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. l=urthermore, the CONTRACTOR acknowledges that the bid price includes said consideration for the indemnification provision. 1 D. 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 !N WITNESS WHEREOF, the parties hereto have executed this Agreement, the day and year first above written. ATTEST: City Clerlc CITY OF DELRAY BEACH, FLORIDA By: Approved as to form: City Attorney WITNESS: {Print ar type name and title) Mayor CONTRACTOR: BY: {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 2D_, by (name of officer or agent, title of officer or agent}, of (state ar place of incorporation) corporation, on behalf of the corporation. He1She is (personally known to me} (or has produced identification) and has used hislher (type of identification} as identification. Signature of Person Taking Acknowledgment Name of Acknoweedger Typed, Printed or Stamped Page b CERTIFICATE (If Corporation) STATE OF FLORIDA } SS COUNTY OF ) I HEREBY CERTIFY that a meeting of the Board of Directors of _ a corporation under the laws of the State of held on resolution was duly passed and adopted: 20_, the following "RESOLVE©", that , as President of the corporation, helshe 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 offcial 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 3 A. GENT=CAL During the term of the contracf 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. E3. COVERAGE Except as other~se sated, the amounts and types of insurance shall conform #a the fallowing minimum requirements: 1. Worker`s Compensation -Coverage to apply for all ernplvyees for Statutory Limits In compliance with the applicable State and federal Laws. In addition, the policy must include Employers' Liability with a limit afi $'10~,Ot30 each accident. 2. Cnmorehensive General Liability - Coverage must be afforded on a fiorm no mane restrictive than the latest edition of the Comprshensive General Liability Policy filed by the Ir~urance 5snrices Offic$ and must include: a) Minimum limits of $3170,0©fl per accorrence cambined single limit for Bodily Injury Liability and Property I]amage . Liability. h} Premises andlor operations. c} Independent Gantractars. d} Products andlor Completed Operatlnns. e} Na exclusion far Underground, Explosion or Collapse hazards. 3. sin Auty Poli -Coverage must be afforded on a form n[s more restrictive than the latest edition of the Business Auto Pt#licy tiled by the Jnsurance Service [7ffi~ and must include: a} Minimum Limits of $3fl0,000 per occurrence combined side limit ftx Bodily Injury Liability end Property Qamage Liability. b) owned Vehicles. C} Hired end Non-Ousmed Vehicles. d} Employer Non-t7wnership. 4. Certificate of Insurance - Certifrrates of all insurance evidencing the insurance coverage specified in ~e previous Jnsurante Administrator prior to ca~mmenaement of work. The required certificates ofi insurance shall not r~nJv Warne the tvges of voiicies ©rvvided. but shall else refer soeaficalJv to this bid and section and the above garagraphs in accordance with which such insurance is beenQ furnished. and shall state that such insurance is required by such ara~raphs ufi this contract. The successful bidder will include the City of C3elray S Beach as addi~tianal insured. If the irtiflal Insurance expires prior to the completion of the 3nrork, renewal certificates shat! be famished thirty (3d) days prior tQ this date of expiration. Alsp, ander the CancellatlQn set~ion of the insurance Certification the works "endeavor to" and "bat failure to mail such nvtic~ shall impale na obligation or liability of any kind upon the rx~mpany, Its agents ar representative" shall be crossed Qut as indicated on the attached "sample of Instarance Certificate". 9 r~can. a.wu/^ n~yo~ rn ~a s .wia~s.ie~ n~awr~n......~.-~. .~. 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C~IIiti h3~tl tb+L Cpt~.Q;A 'h.6 i'119Cd1 10 ~ 'X'D= a~n~t. Cite of ilelzay"geach ios 13.sts:+d 88 a~itio8ai insured g~x aaxm p02C33. CE~tF~FfCJETg F#Gk0~t C1~IC8LL~lTI031 s~atx.OAnlY°F~'~nrourt-3e~enf~ateAtgrt CZ'IDE03 01,7E7-E1~CF,7iElfW.gi61W~.3.~IFYpitTdWL '.O4 ORYItiMRil~l NfrrICE'[R~ ~FiFJIS~ II0E.AL~IK~iE07i071E LBT, BJ- FAflNIES~I7P'JOlMiILL ~OlEi1D OEllW1l0N tlRt1~BY.RY OF ATKlQi0 ilr0lL7iE Eip AGEMTRQR City of Dalrxy 8mac~ arranvee. 1,08 ~1f ].iex~ ]lV0 7~~=8q ~3A~Ct1 FL 3344 ~0 7 1MP4RTANT If the aertificate ttoider is art ADC?ITIONAL 1N51lREl~, the policy{ses~ must be endorsed. A &tatemetrt an this certificate does not confer rights to the certificate holder iri lieu of such er~lor~ement{s}_ il: StJBROGA~IO[~ IS WAIVED, sub}ect to the terms and ~ronditicx'~s ~ the policy, certain pcliiaies may rec;uirE an endorsement R statement on this certificate does rte norafer rights to the certiFCate hoider in iieer of such endorsernent{s). iZtSCl.111MER The C,ertlficete of Insurance on the reverse side ofthis €orrrr does not constitute a contract between the issuing insurer{s), authorized representatnra or producer, and the certificate holder, nor does it aftimmtively or negat"n+ely amend, extend nr alter the coverage fl3torded by the polies listed thereon. li Security Splutian5~ ~i9~/1~'P~c"~G~ ~iCf~'P C..ar.,'.,.r.{at ~: t'n:,~,;c¢,._. {nh.xm.xs{::n This agreement t~atcvaan Slan;ey Canvergarit Sacudly $giutians, Ins, {"SCSS"} and ~ Uefray Ih'afer Treatment Plant (Cuslamer~ supplamenls end amertr(s Iha Coatrac€ Agreement tsetsvaen ttta padi05 dated (the "ggreamenl'"! covadng the Furnishing at service and equipmenC to the Gus€umers premises at 20(3 5.1^J. 6Ih ST pelra Reach Ff 33444 intending to be IegalEy bound; ore parties tutther agree that: 1. The inigal term of the Agreement Is hereby extended far a pedad of sixty [6a} mamhs tram the data hereal and shall amte&fieT automalicatly renew as set iadh in the Agrnanient 2. I€ add'stianal service and equipment era to bs famished to the Customer a1 said premises, than anty such addilianal service and equipment shat) be furnished as Is dascdbed in the7erms and Carrd~tions set forth balav (or is a sepatakety attached Teems arrtl Agreements), to suett even) Caslamer agrees to pay Eo Stanley Convergent Sewdly SbluUans; Inc. the inslaliaGdn charges Intllcafad balosv try paying an amaan€ equal to 5p~c of the later inslatlatian charges al the time of signing this Agreement and by paying the ampunt of the 9AiRNGE DllE upon complatiarl of the instatialion. Fudher, the Gustomer agrees td pay fo Slanlay Convergent Secudly ~Satulipns, Int. the amaunl otlhe-additional Returdng Service Charge irx4itatad betaw, in atlvance during the €emt n1 this Agreement on 33ta same periodic payment schedule as the other recurring service ctrarges set €orth in the Agreement (a) Arty addiganal service and-equipment provided pursuant to this.Ridar shelf ha gmerned by fhe provisions of the Agreement. including vd€haut HmiWUon 3ho prdvisian ai Section 4 ("Lfgtfida€ed Damages and SCSS Limits of €.iahiHly'}. 3. To the extent t'naagreement is modified a!her Ihan as sat forth in Section 2 ttarea(, such madi(icatiana, it any, vkll be sat FoNt in Ute Schetlula or $ary€ce and proter<tion aactlan hereof. 1`erMS and Condifions ty !^ ui meat tit Existin E ui ment 12 5 Stem Seasw 2 Wits ttoml5trotte standard c-ti 4 S stem Sensor S(robe standard cd # 1 Manual Puil Station rvilh Hone 14 La o # S stem Sensor 2 wire horttlstrobe outdoor std cd 1 STISIo ercdver~vlham 1 liana ell Pourer Prddaclfs 8A 24VBC F1A NAC PCVdER SUPPLY Spaclallttstructians (Notes SCOPC Off' WORfi: 1 ~7'IAJG 1PIS'~~L ~ SECQND P1 iASB AtJDIT1ON 7{~ EY . -THIS l5: ` NC lidF.t=fit"IJ YIANS -i{VSTAI_L!}TION TO BE DONlr A3 PBR Sf.18Mf7TCCJ L- af1THCRIT}' I ~AVUJG IU~'fSt~ICT1QNj R~SBFZVES TNT RfGHT TO h1AKE I1NJ( 3 Control Reta s > ICE Y HAAiGI= 't11 = 7 7:4 L NSTAL L ttTI GF T t 0 I . ON PR MA C GN~IN S THA I Services ~prc ai lnstructians lutes Service Plan Fire Alarm Tesf and Ins act Installation Charges Recurrtng Services Charge Inslalla€tan Pdde 522,261 p~P061TfiECEIVEO' "- .~. -.:: ~ ~ '.: ~ ~ Mon€hty Fee Payment Frequency Sales TeX (ttappiira6#a}:...-. :.-. . ~..:._, ~.: ~.,:-_ (5Qb of Talal lrvsraliatian C3lardss) 5211 ~ :'~ Tatar $22,26# BALANCE3]UR ~22,2fi1 ' The Agreement strati remain in Fufi farEa and effeC{ in aceordanee 14i`,h 311 ttie t6rm5 and candilidns thereat, niddifted only to the extent t3arein specifically provided for. Said Agmamantas so modified cansiftuleS theenlere agreemen€ behveen the patties, which Agreement canno€ be funhar modified except by another xritten agreement executed by the pedlar as herein set €odh. Tna Rider-13 tw1 Alntling un'~ss approved in evd€tnp try an Authorized Represantagve o(SCSS. ((such approval Is net nblained< SGSS~only liabi€ily she{I pe €a~relum to Customer the amount, ii any, paid to Stanley Gcxsvergenf Security Solutions, Inc. upon iha signing of this Rider by its Seoudty Reprasen€afiva: Stanley CanvargenS Security Salutlans, loc. 17alray Water Treatment Plant Custoasar Gadas F. 8anetl By Security Reprssantatiue By kppmvetl kulhariaed Represenkativa TsUe Pale Laaue as~a,€w,: a_ o-ssa,:a,s,~ ~n--asa a~sr>~a.. uc.:.~~.. Ty.,s c.:~~,nr.. ~uyc~.,RCSi 3s:rsrsei tea-s~.~ ez poczaa:;s: a nmzcs.z:sme. rk . _<--*-y fin... ~:~-.sx ~ ~s~~ ~ e, e,. W ~ u s.~-r a a,.mu~:~ s.~., a.n. ~ r rsis~,5s;..-.sry,~FS-"va14~P_4Lr`.6;Pr:.~^.r"'.i;FSLi•3.'i.pCXl~p1YXV.E44ri.24i.rt rfSW~+ii:GA CJI n£L.:.ltii^~^ES~IL 1.i<."AI1te-GiOn33;E ts31: 3JE 1fGESJf9it~: W~F6T~1 rT~.lAa-au~r3 ev;s trace Sx.nei, f!.?a+x,Teal WOS~a. Etd.Snv~. R!aNTd4: kS4C1o C. 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R'AHb=LEP4F:12: SYY C6S Fsymalor.xis- Rev 811f2069 t21 Page 1 of 1 MEMQRANDUM TO: Mayor and City Commissioners FROM: Lula Butler, Director, Community Improvement THROUGH: David Harden, City Manager DATE: January 12, 2010 SUBJECT: AGENDA ITEM B.B. -REGULAR COMMISSION MEETING OF JANUARY 19, 2010 AMENDMENT NO. 1/INTERLOCAL AGREEMENTITOWN OF GULF STREAM ITEM BEFORE COMMISSION City Commission consideration of Amendment No. 1 to the Interlocal Agreement between the City of Delray Beach and the Town of Gulf Stream to collect Palm Beach County impact fees and an administration fee in the amount of 3.4% of the total collected. BACKGROUND On August 18, 2009, the City Commission approved the Interlocal Agreement with the Town of Gulf Stream for building and permit services. In accordance with Palm Beach County's impact fee ordinance, the City is the collecting agent for Delray Beach. Our Interlocal Agreement needs to be amended to allow the City to be the collecting agent for the Town of Gulf Stream. The City retains a 3.4% administrative fee for this service. RECOMMENDATION Staff recommends City Commission approval of Amendment No. 1 to the Interlocal Agreement between the City of Delray Beach and the Town of Gulf Stream providing for the collection of impact fees and an administration fee. httpa/miweb0011AgendaslBluesheet.aspx?ItemID=2943&MeetinglD=230 1 /15/2010 AMENDMENT NO. 1 TO THE INTERLOCAL AGREEMENT BETWEEN THE CITY OF DELRAY BEACH AND THE TOWN OF GULF STREAM THIS AMENDMENT NO. 1 to the Interlocal Agreement with the Town of Gulf Stream is made this day of , 2010, by and between the CITY OF DELRAY BEACH, a Florida municipal corporation (the "City"), and the TOWN OF GULF STREAM., ("Town"). WITNESSETH: WHEREAS, the City and the Town are desErous of amending the Interlocal Agreement to provide a funding source for the city's inspection efforts within the Town. NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereby agree as follows: 1. Incorporation of Recitals. The parties hereby represent that the above recitals are hereby incorporated as if fully set forth herein. 2. Revision. Paragraph 2 of the Agreement is amended to add subparagraph C as follows: C_ The Department shall collect the appropriate County impact fees for Town permits issued by the City. Said fees collected by City on behalf of Town should be accounted for se aratel b Cit and a fee reca re ort shall be provided by City for Town rec~arding all Town impact fee revenueslcollectons remitted to Palm Beach County. City shall retain a 3.4% administrative fee for all Town impact fee assessments. 3. Full Force and Effect. All other terms and conditions of the Consulting Agreement not expressly modified by this Amendment No. 1 thereto remain in full force and effect. 4. Effective Date of Amendment No. 1 to the Agreement. This Amendment shall not be effective until it is approved by the City Commission and signed by both of the parties with the effective date being January 19, 2010. IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 1 to be duly executed this day of , 2Q1 Q. ATTEST: CITY OF DELRAY BEACH, FLORIDA City Clerk By: Nelson S. Mc~uffie, Mayor Approved as to Form: City Attorney ATTEST: City Clerk TOWN OF GULF STREAM, FLORIDA By: Mayor Approved as to Form: City Attorney 2 Page 1 of 2 MEMORANDUM TO: Mayor and City Commissioners FROM: Lula Butler, Director, Community Improvement THROUGH: David T. Harden, City Manager DATE: January 12, 2010 SUBJECT: AGENDA ITEM 8.C. -REGULAR COMMISSION MEETING OF .IANUARY 19.2010 HOUSING REHABILITATION GRANTICONTRACT AWARD ITEM BEFORE COMMISSION Approval is requested for one (1) Housing Rehabilitation grant to be awarded to the lowest responsive bidder. Funding for the projects is through the CDBG Housing Rehabilitation grant. BACKGROUND Approval is requested for one (1) Housing Rehabilitation grant to be awarded to the lowest responsive bidder for the following projects: 2488 Sundy Avenue / Jemstone Construction Group / $16,805 =Total Rehab Cost: $17,645.25 Grant awards are based on the actual cost of the rehabilitation, as determined by the low responsive bidder(s), plus a 5% contingency. Total rehab cost also includes lead inspection, lead abatement, lead clearance, termite inspection, termite treatment, and recording fees. Additional cost ~xzay be incurred for lead clearance test(s). The contingency may be used for change orders and all unused funds will remain with the CDBG Housing Rehabilitation program. Inspection of work is done by the Department of Community Improvement's Building Inspection and Neighborhood Services Divisions. Contracts are executed between the building contractor and the property owner. The City remains the agent and this office monitors all work performed by the contractor, ensuring compliance according to specifications and program guidelines. Pay request forms require both contractor and homeowner's signatures. Grant recipients have met all eligibility requirements as specified in the approved Policies and Procedures. The rehabilitation activities will bring the homes to minimum code requirements by repairing the roof, electric and plumbing systems and correcting other incipient code violations. Detailed work write-ups and individual case files are available for review in the Neighborhood Services Division Office. The Neighborhood Services Division is responsible for ensuring that the housing rehabilitation contracts are awarded to the lowest responsive bidder as a result of a formal bid process. Therefore, an httpalmiweb0011Agendas/Bluesheet.aspx?ItemID=2944&MeetingID=230 1/15/2010 Page 2 cf 2 in-house policy was created to limit awards to the lowest responsive bidder as it relates to the Division's professional in-house estimate. This serves to disqualify unreasonably low bids and therefore protect against the resulting change order requests. FUNDING SOURCE Disaster Recovery Initiative 118-1963-554-49.19 RECOMMENDATION Staff recommends awarding one (1) Housing Rehabilitation grant award to Jemstone construction Group, Inc. for 2488 Sundy Avenue. http:/Izniweb001/AgendasBluesheet.aspx?ItemID=2944&Meeting1D=230 1/15/2010 CfTY aF DELRAY BEACH NEtGHBt7RH00© SERVICES i?IVISfON PURCHASE ASSISTANCE PROGRAM QUOTA710N 1NFORMATEON SHEET QUOTE: 377 APPLICANT: Alexander, I.a7oya PROJECT ADDRESS: 2488 Sundy Avenge DACE OF SID LETTERS: October 19, 20039 DATE OF SID OPENING: October 30, 2409 GENERAL Gf}NTRACTORS BID AMDEINT BID BOMD ABC General Services, Inc All Phase Contracting, Inc. Brian E. Rego, Inc. Brigcon Construction Services Built Solid Construction, LLC CJ Con#raeting, LLC 79,8~t6.00 Citywide Construction Services, Inc. Cordoba Constructicn Co. 19,280.00 Dakota Construction, Inc. East Coast Restoration Gadsden Property Investment, !nc Grace Construction, inc. Haywood Construction IQ Constructions, Inc. 99,000.00 Jemstone Construction Group, Inc. 76,805.00 Joines Construction & €3evelopment, LLC t_.A.D. Cons#ruc#ian, LLC. lelack Construction E~9ara[ago Construction Co. Morgan Con#racting Group, Inc. NYC Builders, Inc. Precision Construction Group, Inc. Ray Graeve & Sans Construction, LLC No Bld South Florida Construction Services, Inc, Sun Band Builders Construction, ]ne. In;Wause Estimate: 13,140.96 CD NTtZ4CTOR A WRRDED C ONTRR CT: :lerriston e~Cai~strucfi_o~i: G i`4tt~;: ln~:-,:: ;" .._ :::;:.. - :;. -: ;~: QUOTEICONTRACT AMOUNT : $ 16,805.OB Contingency ~ 1s,so5.oa I;UNDING SOURCE: State Housing Partnership Program Accoun# # 1,~ 6-1.924`,554-83:~1~;=;~,_ - COMMENTS: lowest bidder was awarded quote, lieu;sad A78f09 FFM ca rx U O_ •N • . ~ ~ O ~ va d m ~ @ V • - p C ~ ~ ~ 'a ~ O ti L ,~ O G .is O t 3 [n C _m d ~ d ~ ~ O N ~ O N ~ ~ .,.r m ~ '~j C i tc ~ ~ ~ - ~ `~ ~ '~ o O o ~ Q ~ ~ T ti ~ ~ C ~: C'~ '~ N r~- 1--~ Z I11 Q iAJ ~ N W ~ ~ Z ~ ~ ~ ~ ~ ~ ~ ~ ~ ~_ ~ ra a_ 00 O Q O] G] 0 z a a a a a a a ra ca c~ a a a a a a a o ra o o o c~ cy a o a a a o o c~ c.~ ca o c o t~ ui cv o o~ o o o ;si o o o o o ~ri m o N o !- ~ r~ M rn m r ~ CO rn N in oo 'cY N N V~ OO o N is; N co r r~ V' n N ca a [ ~ w 69 H3 69 N} 6¢ 6FT iA ~ V~ 68 EA 69 fA E9 N) 6tj 6~ (yj 0 0 0 0 0 0 0 0 0 o a o 0 0 0 0 0 0 o o c~ o a o o o a o a o o o o o 0 0 4 0 C'? C'? G O G C? O ~? Q 4 G 4 4 0 C> q N .v N en ao d ao M 3+ ~ N ~ cv u3 ~n V a co Lfl N V7 C~ O co K] ~ u3 ~ K] +n o~ N cp cV In ['7 M of py ~l H) N3 fA 64 V3 64 4A G9 69 fi] 69 d) U9 6'3 64 64 ff) a a O b O O tl G7 C5 C] L7 d L7 O b 0 0 p C~ c] o 0 o O C7 C7 O CJ a s L7 O O a o a O O Q G C d p 6 b 0 © ~ b a O G o p o lfi © l.,f~ o 1' a ~P b N o ly 0 V' 0 N 0 r o t{7 a N o [+J 0 O o n a t/' b N b ~ o O c7 m a Ch 69 ~T b4 bF 64 ~T 64 H# S4 E9 FR l!-} 6 ) FF~ 64 fH ~h d3 O O O O O O O O O O O O O ~ O D 6 p 0 0 0 0 o a o o a o a o a a a o 0 0 4 C G C+ Ca tJ C uy t? [? P ti C e:~ 4 t~ Cti G b ` C3 [a C7 m C7 u7 0 tV C r O T7 O V ~7 C 1 ~ O M C V7 C ~!I if1 ?r 0 x-~ 4 m o M p oD v m m m w va yr w w~ yr ay cq ur arr rsy ay asa ark w w a~ c~ ~n o o a o u~ o o a a a a a c~ r~ o a N b Q y' a O N 0 0 0 l[] b 0 IF] O Q a p~ ui o ~ri cd o vi r~ o o o s~ u~i o c~i ui ci o c CV r N M M U7 N N [~ Oi S+l N ~f] c`J r^ r r LO N 4H 6H 64 kH b4 ~? H} (~ G'? f!3 Hi E9 i } fFJ 64 iH 64 (yg m U 0 ar ~ ~, ~ ~ ia. .~ ~ a O ~ ~ Oi ~ '(7 C C ~ c ,.~ ~ ~ [II ~ W ~ L N C ~ O O y ~ -Q • ~ (~ ~ ~ D ~ ~ m ~ m N ~ ~ m a i a LL m C C~ ~ !Sl L.? U u.. +- c wJ c ~ F- - ~ ~ .~ ~ f) ~ ~ N .~ U ~0 ~ y0 ~6 ( tl ~6 N ~6 f9 ~ lU tO W L6 cti ~' O N (~ ~~ r!i fR ~ f0 Ui N N U1 ~ ~ m N N N E -- C a C ~ C C C C C a ~ ~ ~ ~+ ~l r N c7 ~7 ~ rn ti m w a ~-- cv m v ~.n co n m rn o cv cis v ~ri r r .- N N c~ CV N iV Page 1 of 1 ~ ~r MEMORANDUM TO: Mayor and City Commissioners FROM: Lula Butler, Director, Community Improvement THROUGH: David Harden, City Manager DATE: January 14, 2010 SUBJECT: AGENDA ITEM B.D. -REGULAR COMMISSION MEETING OF JANUARY 19, 2010 AMENDMENT TO CDBG SUBRECIPIENT FUNDING AGREEMENT/FAIIt HOUSING CENTER OF THE GREATER PALM BEACHES ITEM BEFORE COMMISSION Approval is requested to amend an agreement for funding with the above listed sub-recipient under the 2009-2010 Community Development Block Grant (CDBG) Program to increase funding from $7,000 to $5,000 and include service provision and focus to immigrant population within Delray Beach. BACKGROUND On December 1, 2009, the City Commission approved this agreement (with a funding allocation of $7,000) in accordance with 24 CFR 570.301. A Public Hearing was held before the City Commission on July 21, 2009, to obtain public comment on the proposed budget for the approval of the Community Development Block Grant Consolidated Action Plan for fiscal year 2009-2010. The Action Plan contains an appropriation for public service activity and was approved by the Commission. The attached agreement will increase the funding allocation from $7,000 to $8,000. CDBG Program regulations at 24 CFR 570.503 require written agreements prior to the disbursement of funds to sub recipient organizations, specifying the work to be performed and reporting requirements, among other requirements and governing provisions. These agreements have been developed in accordance with the stated regulations and have been reviewed and approved by the City Attorney for legal sufficiency and form. FUNDING SOURCE Community Development Block Grant 118-1961-554.49-17 RECOMMENDATION Staff recommends approval of amendment of the attached agreements in order that funding may proceed in accordance with the Commission approved Action Plan for fiscal year 2009-2010. httpa/miweb001/AgendaslBluesheet.aspx?ItemID=2961 &MeetinglD=230 1/15/2010 FY 2009-2010 COMMUNITY DEVELOPMENT BLOCK GRANT AGREEMENT between CITY OF DELRAY BEACH and FA1R HOUSING CENTER OF THE GREATER PALM BEACHES INC. THIS AGREEMENT is entered into between the CITY OF DELRAY BEACH, a Florida municipal corporation, hereinafter referred to as "CITY," and FAIR HOUSING CENTER OF THE GREATER PALM BEACHES, INC., hereinafter refierred to as "the CONTRACTOR," having its principal office at 1300 West Lantana Road, Suite 100, Lantana, Florida 33462. WITNESS ET H: WHEREAS, the CITY has entered into an Agreement with the U.S. Department of Housing and Urban Development (HUD) far a grant for the execution and implementation of a Community Development Block Grant (CDBG) Program in the CITY, pursuant to Title I of the Housing and Community Development Act of '1974 (as amended); and WHEREAS, the CITY desires to engage the CONTRACTOR to implement an activity of the Delray Beach CDBG Program; NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties hereto agree as follows: ARTICLE I DEFINITION AND PURPOSE 1. Definitions 1.1 "CDBG" means Community Development Block Grant program, 1.2 "HUD" means the U.S. Department of Housing and Urban Development. 1.3 "24 C1=R" refers to the Section of the Code of Federal Regulations pertaining to the U.S. Dept. of HUD. 1.4 "Program Income" means gross income received, directly generated ar earned from the use of CDBG funds. Program Income includes, but is not limited to, interest earned on advances of federal funds or royalties received as a result of patents ar copyrights produced under this grant. 1.5 "OMB" means Office of Management and Budget. 1.6 "Low- and Moderate-Income" means a household whose income is within specified income limits set forth by HUD. 1.7 Property: a. "Real Property" means land, land improvements, structures, fixtures and appurtenances thereto, excluding movable machinery and equipment. 1 b. "Personal Property" means personal property of any kind except real property. c. "Nonexpendable Personal Property" means tangible (i.e., physical) personal property of a nonconsumable nature, with a value of $500 ar more per item, with a normal expected life of one or more years, not fixed in place, and not an integral part of a structure, facility or another piece of equipment. d. "Expendable Personal Property" means all tangible personal property other than nonexpendable property. 2. Purpose The purpose of this Agreement is to state the covenants and conditions under which the CONTRACTOR will implement the Statement of Work set forth in Article II of this agreement. ARTICLE ll STATEMENT OF WORK The CONTRACTOR shall carry out the activities specified in Attachment A, "Scope of Services." ARTICLE III FUNDING AND METHOD OF PAYMENT 3.1 The maximum amount payable by the CITY under this Agreement will be Eight Thousand Dollars and OOI100 ( 8 000.00 . 3.2 The C[TY will be billed by the CONTRACTOR and will disburse $1,000.00 per seminarlsession. Bills shat[ be submitted by the CONTRACTOR at least two weeks in advance. 3.3 Prior to receipt of CDBG funds (through reimbursement), CONTRACTOR shall submit for each seminarlsession conducted, the following documentation: a. An agenda displaying the date, time, and location of the sessionlseminar conducted {the NS Division must have been notified in advance of the same, as required in the Scope of Service, item (b); b. A list of inviteeslattendees for each sessionlseminar; c. A request for fundslinvoice; d. Proof that each seminarlsession was adequately advertised and marketed to residents of Delray Beach, in an effort to ensure maximum participation and effectiveness (i.e. marketing tools used, copy of flyerslinvitafionslnewspaper ads, and a narrative of other efforts made (activity report}; e. A grantee performance report generated for each seminar showing summary statistics on race, ethnicity, and income level of clients served by the program. f. Monthly Project Budget, detailing requested funds, included in this agreement as "Attachment D." 3.4 Release of funds is subject to the approval of the Director of Community Improvement. 2 ARTICLE 1V TERM OF AGREEMENT The term of this Agreement shall be from October 1, 2009, to September 30, 2010. ARTICLE V SUSPENSION AND TERMINATION 5.1 TerminationlSuspension of PaymentslAgreement for Cause: If through any cause either party shall fail to fulfill in timely and proper manner its obligations under this Agreement, or if either party shall violate any of the covenants, agreements, or stipulations of this Agreement, either party shall thereupon have the right to terminate this Agreement pr suspend payments in whole or in part by giving written notice of such termination or suspension of payments and specify the effective date of termination or suspension. If payments are withheld, the CITY shall specify in writing the actions that must be taken by the CONTRACTOR as a condition precedent to resumption of payments and shall specify a reasonable date for compliance. Sufficient cause for suspension of payments shall include, but not be limited to: a. ineffective or improper use of CDBG funds, b. failure to comply with the Statement of Work or terms of this Agreement, c. failure to submit reports as required, d. submittal of materially incorrect or incomplete reports, e. failure to comply with any additional conditions that may be imposed by HUD. 5.2 Termination for Conyenience_of City: The CITY may terminate this Agreement without cause at any time by giving at least ten {10) working days notice in writing to the CONTRACTOR. If this Agreement is terminated by the CITY as provided herein, the CONTRACTOR will be paid fior allowable services performed under Article Il of this Agreement until the effective date of the termination. 5.3 Termination for Convenience of the CONTRACTOR: At any time during the term of this Agreement, the CONTRACTOR may, at its option and for any reason, terminate this Agreement upon ten (10) working days written notice to the CITY. Upon termination, the CONTRACTOR shall be paid for services rendered pursuant to this Agreement through and including the date of termination. ARTICLE VI RECORDS AND REPORTS 6.1 The CONTRACTOR agrees to retain supporting documentation relating to activities funded by this Agreement for a period of five years after the termination of the Agreement. 6.2 The CONTRACTOR agrees to submit upon request other documentation which may later be determined necessary to assure compliance with this Agreement. 3 ARTICLE VII PROGRAM INCOME The CONTRACTOR agrees to expend CDBG funds for the purpose outlined in Article l of this Agreement. It is not anticipated that program income shall be generated from this allocation. However, such income, if generated, may be retained by the CONTRACTOR and used for costs that are in addition to the approved costs of this agreement, provided that such casts specifically further the objectives of this agreement. Under no circumstances shall the CONTRACTOR use program income to pay for charges or expenses that are specifically not allowed pursuant to the terms of this agreement and applicable federal regulations or rules. The use of program income by the CONTRACTOR shall comply with the requirements set forth at 24 CFR 570.504. ARTICLE VII1 PUBLICITY The CONTRACTOR shall ensure that all publicity, public relations, advertisements and signs, recognize the CITY and the CDBG Program for the support of all contracted activities. The use of the official CITY logo is permissible, but all signs used to publicize CITY contracted activities must be approved by the CITY prior to being posted. ARTICLE IX GENERAL CONDITIONS 9.1 Federal, State, County and CITY Laws and Regulations: The CONTRACTOR shall comply with applicable provisions of applicable federal, state, County, and CITY laws, regulations and rules, including OMB A-122, OMB A-21, OMB A-133. The CONTRACTOR shall comply with Section 504 of the Rehabilitation Act of 1973, as amended, which prohibits discrimination on the basis of handicap; Title Vl of the Civil Rights Act of 1964, as amended, which prohibits discrimination on the basis of race, color, or national origin; the Age Discrimination Act of 1975, as amended, which prohibits discrimination on the basis of age; Title VI11 of the Civil Rights Act of 1968, as amended, and Executive Order 11D63 which prohibits discrimination in housing on the basis of race, color, religion, sex, or national origin; Executive Order 11246, as amended which requires equal employment opportunity; and with the Energy Policy, amended and Conservation Act (Pub.L 94-163) which requires mandatory standards and policies relating to energy efficiency. The CONTRACTOR shall report its compliance with Section 504 of the Rehabilitation Act whenever so requested by the CITY. The CONTRACTOR shall comply with all applicable requirements of the Americans with Disabilities Act (ADA) of 1990, including, but not limited to, those provisions pertaining to employment, program services, transportation, communications, access to facilities, renovations, and new construction. The CONTRACTOR shall comply with all federal laws and regulations pertaining to environmental standards described in 24 CFR Subpart K, except that: a. The CONTRACTOR does not assume the CITY's environmental responsibilities described at 57D.604, and b. The CONTRACTOR does not assume the CITY's responsibility for initiating the review process under the provisions of 24 CFR part 52. 4 9.2 Opportunities for Residents and Civil Rights Compliance: The CONTRACTOR agrees that no person shall on the grounds of race, color, national origin, religion, or sex be excluded from the benefits of, or be subjected to, discrimination under any activity carried out by the performance of this Agreement. To the greatest feasible extent, lower-income residents of the project areas shall be given opportunities for training and employment; and to the greatest feasible extent, eligible business concerns located in or owned in substantial part by persons residing in the project areas shall be awarded contracts in connection with the project. 9.3 Evaluation and Monitorin :The CONTRACTOR agrees that the CITY will carry out periodic monitoring and evaluation activities as determined necessary and that the continuation andlor renewal of this Agreement is dependent upon satisfactory evaluation conclusions. Such evaluations will be based on the terms of this Agreement, comparisons of planned versus actual progress relating to activity scheduling, budgets, audit reports, and output measures. The CONTRACTOR agrees to furnish upon request to the CITY and make copies of transcriptions of such records and information as is determined necessary by the C1TY. The CONTRACTOR shat[ submit on a schedule set by the CITY and at other times upon request, information and status reports required by the CITY to enable the evaluation of said progress and to allow for completion of reports required of the CITY by HUD. The CONTRACTOR shall allow the CITY or HUD to monitor its agency on site. Such site visits may be scheduled or unscheduled as determined by the CITY or HUD. 9.4 Audits: Nonprofit organizations that expend $500,000 or more annually in federal awards shall have a single or program specific audit conducted accordance with OMB A- 133. Nonprofit organizations that expend less than $500,000 annually in federal awards shall be exempt from an audit conducted in accordance with OMB A-133, although their records must be available for review. These agencies are required by the CITY to submit "reduced scope" audits (e.g., financial audits, performance audits). Each audit shall cover a time period of not more than 12 months and an audit shall be submitted covering each assisted period until all the assistance received from this agreement has been reported on. A copy of the audit report must be received by the CITY no later than six months following each audit period. The CONTRACTOR shall maintain all records in accordance with generally accepted accounting principles, procedures, and practices which shall sufficiently and properly reflect all revenues and expenditures of funds provided directly or indirectly by the CITY pursuant to the terms of this agreement. 9.5 Uniform Administrative Re uirements: The CONTRACTOR agrees to maintain books, records and documents in accordance with accounting procedures and practices which sufficiently and properly reflect all expenditures of funds provided by the CITY under this Agreement. The CONTRACTOR is required to comply with the fallowing uniform administrative requirements: a. Specific provisions of the uniform administrative requirements of OMB Circular A- 110, as implemented at 24 CFR Part 84, "Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals and Other Non-Profrt Organizations." b. OMB Circular A-122 "Cost Principles for Non-Proft Organizations" (a list of allowable and unallowable costs appears in Attachment B). 5 c. Applicable provisions of 24 CFR 570.502. 9.6 Lobbying Prohibition: The CONTRACTOR shall certify that no federal appropriated funds have been paid ar will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an empbyee of a Member of Congress in connection with the awarding of any federal Agreement, the making of any federal grant, the making of any federal loan, the entering into of any cooperative Agreement, and the extension, continuation, renewal, amendment, or modification of any federal Agreement, grant, loan, or cooperative Agreement. The CONTRACTOR steal[ disclose to the CITY if any funds ether than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal Agreement. 9.7 Section 3 Requirements: The CONTRACTOR agrees to comply with all Section 3 requirements applicable to contracts funded through #his Agreement. Information on Section 3 is available from the CITY upon request. The CONTRACTOR shall include the following, referred to as the Section 3 Clause, in every solicitation and every contract for every Section 3 covered project: Section 3 Clause a. The work tv be performed under this agreement is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701 (Section 3). The purpose of Section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD-assisted projects covered by Section 3, shall to the greatest extent feasible, be directed to low-and very low-income persons, particularly persons who are recipients of HUD assistance for housing. b. The parties to this agreement agree to comply with HUD's requirements in 24 CFR Part 135, which implement Section 3. As evidenced by their execution of this agreement, the parties to this agreement certify that they are under no contractual or other impediment that would prevent them from complying with the Part 135 regulations. c. The CONTRACTOR agrees to send to each labor organization or representative of workers with which the CONTRACTOR has a collective bargaining Agreement or other understanding, if any, a notice advising the labor organization or workers representative of the CONTRACTOR's commitment under this Section 3 clause, and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the Section 3 preference, shall set forth minimum number and job titles subject to hire, availability of apprenticeship and training positions, the qualifications for each, and the name and location of the person{s) taking applications for each of the positions, and the anticipated date the work shall begin. 6 d. The CONTRACTOR agrees to include this Section 3 clause in every subcontract subject to compliance with regulations in 24 CFR Part 135, and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this Section 3 clause, upon a finding that the subcontractor is in violation of the regulations in 24 CFR Part 135. The CONTRACTOR will not subcontract with any subcontractor where the GONTRACTOR has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR Part 135. e. The CONTRACTOR will certify that any vacant employment positions, including training positions, that are filled (1} after the CONTRACTOR is selected but before the contract is executed and (2} with persons other than those to whom the regulations of 24 CFR Part 135 require employment opportunities to be directed, were not filled to circumvent the CONTRACTOR's obligations under 24 CFR Part 135. f. Noncompliance with HUD's regulations in 24 CFR Part 135 may result in sanctions, termination of this contract for default, and debarment or suspension from future HUD assisted contracts. 9.8 Insurance: The CONTRACTOR shall furnish to the CITY, clo the Community Improvement Department, certificate(s) of insurance evidencing coverage that meets the requirements outlined in Attachment C. 9.9 Property: Any real property under the CONTRACTOR's control that was acquired or improved in whole or in part with CDBG funds received from the CITY in excess of $25,000 shall be either: a. Used to meet one of the three CDBG national objectives required by and defined in 24 CFR Part 570.208 for five years following the expiration or termination of this agreement, or for such longer period of time as determined by the CITY; or b. Not used to meet a CDBG national objective, in which case the CONTRACTOR shall pay to the CITY an amount equal to the market value of the property as may be determined by the CITY, less any proportionate portion of the value attributable to expenditures of non-CDBG funds for acquisition of, or improvement to, the property. Reimbursement is not required after the period of time specified in Paragraph 9.9.a., above. Any real property under the CONTRACTOR's control that was acquired or improved in whole or in part with CDBG funds from the CITY for $25,000 or less shall be disposed of, at the expiration or termination of this contract, in accordance with instructions from the CITY. All real property purchased in whole or in part with funds from this and previous agreements with the CITY, or transferred to the CONTRACTOR after being purchased in whole or in part with funds from the CITY, shall be listed in the property records of the CONTRACTOR and shall include a legal description, size, date of acquisition, value at time of acquisition, present market value, present condition, address or location, owner's name if different from the CONTRACTOR, information on the transfer or disposition of the property, and map. The property records shall describe the programmatic purpose for which the property was acquired and identify the CDBG national objective that will be met. If the property was improved, the records shall describe the programmatic purpose for which the improvements were made and identify the CDBG national objective that will be met. 7 All nonexpendable personal property purchased in whole or in part with funds from this and previous agreements with the CITY shall be listed in the property records of the CONTRACTOR and shall include a description of the property, location, model number, manufacturer's serial number, date of acquisition, funding source, unit cost at the time of acquisition, present market value, property inventory number, information on ifs condition, and information on transfer, replacement, or disposition of the property. The CONTRACTOR shall obtain prior written approval from the CITY for the disposition of real property, expendable personal property, and nonexpendable personal property purchased in whole or in part with funds given to the CONTRACTOR pursuant to the terms of this agreement. The CONTRACTOR shall dispose of all such property in accordance with instructions from the CITY. Those instructions may require the return of all such property to the CITY. 9.10 Reversion of Assets: The CONTRACTOR shall return to the CITY, upon expiration or termination of this Agreement, all the assets owned or held as a result of this Agreement, including, but not limited to any funds on hand, any accounts receivable attributable to these funds, mortgages, notes, and other collateral and any overpayments due to unearned funds or costs disallowed pursuant to the terms of this Agreement that were disbursed to the CONTRACTOR by the CITY. The CONTRACTOR shall within 30 days of expiration or termination of this Agreement execute any and all documents as required by the CITY to effectuate the reversion of assets. Any funds not earned, as described and provided for in OMB A-922, by the CONTRACTOR prior to the expiration or termination of this Agreement steal! be retained by the CITY. 9.11 Conflicts with Applicable Laws: If any provision of this agreement conflicts with any applicable law or regulation, only the conflicting provision shall be deemed by the parties hereto to be modified to be consistent with the law or regulation or to be deleted if modification is impossible. However, the obligations under this agreement, as modified, shall continue and all other provisions of this agreement shall remain in full force and effect. 9.12 Renegotiation or Modification: Modifications of provisions of the agreement shall be valid only when in writing and signed by duly authorized representatives of each party. The parties agree to renegotiate this agreement if the CITY determines, in its sole and absolute discretion, that federal, State andlor CITY revisions of any applicable laws or regulations, or increases or decreases in budget allocations make changes in this agreement necessary. 9.13 Riaht to Waive: The CITY may, for good and sufficient cause, as determined by the CITY in its sole and absolute discretion, waive provisions in this agreement or seek to obtain such waiver from the appropriate authority. Waiver requests from the CONTRACTOR shall be in writing. Any waiver shall not be construed to be a modification of this agreement. 9.14 Disputes: In the event an unresolved dispute exists between the CONTRACTOR and the CITY, the C[TY shall refer the questions, including the views of all interested parties and the recommendation of the CITY, to the City Manager for determination. The City Manager, or an authorized representative, will issue a determination within 30 calendar days of receipt and so advise the CITY and the CONTRACTOR, or in the event additional time is necessary, the CITY will notify the CONTRACTOR within the 30 day period that additional time is necessary. The CONTRACTOR agrees that the City Manager`s determination shall be final and binding on all parties. 9.15 Indemnification: To the extent provided by law, the CONTRACTOR shall indemnify and hold harmless and defend the CITY, its agents, employees, and elected officers from and against any and all claims, demands or causes of action of whatsoever kind or nature arising out of error, omission, negligent act, conduct or misconduct by the CONTRACTOR, its agents, employees or officers in the performance of services under this Agreement. IN WITNESS OF THE FOREGOING, the parties have set their hands and seals on the day and year written above. WITNESSES: FAIR HOUSING CENTER OF THE GREATER PALM BEACHES, INC. Print By: Print STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this _ day of 20_, by ,who is personally known to me. NOTARY PUBLIC Sign Print Personally Known OR Produced Identification Type of Identification Produced: ATTEST: CITY OF DELRAY BEACH, FLORIDA City Clerk By: Approved as to form: City Attorney Mayor 9 ATTACHMENT "A" SCOPE OF SERVICES The major focus of the Fair Housing Center of the Greater Palm Beaches, Inc. under this Agreement will be to provide a minimum of eight (8) Housing Industry Provider I Community Education Sessions for residents of Delray Beach, including school-age children and community organizations, upon the fallowing terms and conditions: a. All eight (8) seminars and sessions will be accomplished during the effective date of the contract period (October 1, 2009 through September 30, 2010}. b. Each seminar or session will be conducted following notification of the Neighborhood Services Division regarding date, location and the submittal of supporting documentation (i.e. flyers, marketing tools, advertising efforts, etc.). c. Each seminarlsession must be adequately marketed to residents of Delray Beach, in an effort to ensure maximum participation and effectiveness (copies to be submitted to NS Division prior to seminarlsession). d. Reimbursement of expenses will be provided upon completion of each seminarlsession, at the predetermined amount of $1,000.00 per seminarlsession, with the total maximum reimbursement not exceeding $8,000.00 (for the eight seminarslsessions}. e. All seminarslsessions will be open to participants, free of charge f. The Fair Housing Center of the Greater Palm Beaches, Inc. shall provide: Community Education Sessions for civic organizations, community based agencies, social service providers, immigrant populations andlor schools within the municipal boundaries of the City of Delray Beach. These sessions shall be designated to educate the public and protected classes to identify incidents of discrimination in housing and to gain an understanding of the means to find remedies, to seek redress and relief. Sessions are to be conducted citywide on an ongoing basis during the program year. A minimum of five (5) sessions shall be conducted during the period beginning October 1, 2009 and ending September 30, 2010. One (1) of the sessions will focus on the education of children about housing discrimination. 2. Housing Industry Provider Education Seminars for developers, real estate brokers, property managers, financial institutions, and the medialadvertising industry. The seminars shall provide information on fair housing laws, Community Reinvestment Act regulations and affirmative marketing requirements. A minimum of three (3) seminars shall be conducted during the period beginning Qctober 1, 2009 and ending September 30, 2010. ATTACHMENT "B" ALLOWABLE AND UNALLOWABLE COSTS UNDER OMB A-122 ITEM OF C05T OMB A-122 _, (NONPROFITS} `Unallowable - Allowable _. Advertising ~ Bad debts ~ Bonding ,~ Communication ~ Compensation, personnel services ~ Contingency provisions ~ Contributions (to others) ,J Depreciation, use allowance ~] Donations (from others} ~ Employee morale, health, welfare ~ Entertainment ,~ Equipment ~** Fines, penalties ,j Fringe benefits ~ Fund raising, interest, investment management ~ Idle facility, idle capacity ,~ Insurance & indemnification ~ Interest Labor relations ~ Lobbying ~ tosses on other awards ~ Maintenance, repair ~ Materials, supplies ~ Memberships, subscriptions, professional activity ,j Organization costs ~** Overtime, shifk premiums ~** Page charges in professional journals (research) ,f Participant support costs ~** Patent costs ,~ Pension plans ~ Plant security ~[ Pre-award costs ~** Professional services ~ Pfoflts, 105seS Oil asset dlsp051tlOn _ r 1f* Public information service ~*** Publication and printing costs ~*** Rearrangement, facility alteration ~** Reconversion costs ~ Recruiting ~ Relocation ,~* * Allowable under limited circumstances. *'~ Allowable only with prior permission from the CITY. *** Allowable only as a direct cost with permission from the CITY. ATTACHMENT "B" ' ITEM' OF COST OMB'A=122 (NONPRO.FITS) Unallowable ,... Allowable Rental ~ Royalties, use of patents, copyrights ~ Severance pay ~ Specialized service facilities ~ Taxes ~ Termination-related costs ~ Training, education ~ Transportation ~ Travel ~* ~` Allowable under limited circumstances. ~`* Allowable only with prior permission from the CITY. ~`** Allowable only as a direct cost with permission from the CITY. ATTACHMENT "C" INSURANCE REQUIREMENTS WORKER'S COMPENSATION This coverage shall include Worker's Compensation Insurance covering all employees and include Employer's Liability with limits meeting all applicable state and federal laws. This coverage must extend to any subcontractor that does not have their own Worker's Compensation and Employer's Liability Insurance. Thirty (30} days notice of cancellation is required and must be provided to the CITY via Certified Mail. COMMERCIAL GENERAL LIABILITY This coverage shall be on an "Occurrence" basis. Coverage shall include Premises and Operations; Independent Contractors' Products and Completed Operations and Contractual Liability. This policy shall provide coverage for death, personal injury or property damage that could arise directly or indirectly from the performance of this Agreement. The Minimum Limits of Coverage shall be {$1,000,004) per occurrence, Combined Single Limit for bodily Injury Liability and Property Damage Liability. THE CITY OF DELRAY BEACH MUST BE NAMED AS AN ADDITIONAL INSURED ON THE COMMERCIAL GENERAL LIABILITY POLICY. Thirty (30) days written notice must be provided to the CITY via Certified Mail in the event of cancellation. BUSINESS AUTOMOBILE LIABILITY The minimum limits of coverage shall be {$500,000) per occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This coverage shall be an "Any Auto" type policy. The CITY must be listed as an Additional Insured under the Policy. Thirty (34) days written notice must be provided to the CITY via Certified Mail in the event of cancellation. In the event that the CONTRACTOR does not own any vehicles, we will accept hired and non- owned coverage in the amounts listed above. In addition, we will require an affidavit signed by the CONTRACTOR indicating the following: "Company Name" does not own any vehicles. In the event we acquire any vehicles throughout the term of his ContractlAgreement, agrees to purchase "Any Auto" or "Company Name" Comprehensive Form coverage as of the date of acquisition. The CONTRACTOR'S Signature: Page 1 of 1 MEMORANDUM TO: Mayor and City Commissioners FROM: Scott Aronson, Parking Management Specialist Richard C. Hasko, PE, Director of Environmental Services THROUGH: David T. Harden, City Manager DATE: January 12, 2010 SUBJECT: AGENDA ITEM S.E. -REGULAR COMMISSION MEETING OF JANUARY 19 2010 CONSENT TO ASSIGNMENTISOCA PARKING SYSTEMS TO SUNSHINE STATE PARKING. LLC. ITEM BEFORE COMMISSION The item before the City Commission is that of approving a Consent to Assignment of a Garage Parking Space License Agreement for spaces in the Federspiel Garage. BACKGROUND The City Commission, at its meeting of September 18, 2007 approved a Garage Parking Space License Agreement for 40 parking spaces to Boca Parking Systems (BPS). As the valet for the 100 East Atlantic Avenue queue, the agreement was to replace spaces formerly leased by the valet, which were incorporated into the Worthing Place project. The spaces identified in the lease are the 40 part time spaces contractually assigned to employees and visitors of the 110 East Atlantic Avenue Building on Monday through Friday until 6:00 PM and Saturdays and Sundays until noon. The parking agreement allows use of the spaces by the valet daily from 6:00 PM until closing. BPS was dissolved in November, 2009. The surviving partner, John Powers, former Vice President, has joined with Sunshine State Parking, LLC. The request before you is to approve a Consent to Assignment transferring the rights to the Garage Parking Space License Agreement from Boca Parking Systems to Sunshine State Parking, LLC. It is noted that reconstruction in the right-of--way on SE 2nd Avenue associated with the Worthing Place project has prevented use of the valet queue since approximately November 8, 2009. Consequently, the garage has not been utilized either. The City Manager has authorized renewal of the agreement in accordance with Section 6 of the agreement. RECOMMENDATION By motion, approve the Consent to Assignment of the Garage Parking Space License Agreement from Boca Parking Systems to Sunshine State Parking, LLC. http:Ilmiweb0011AgendasBluesheet.aspx?ItemTD=2951&MeetinglD-230 1/15/2010 CONSENT TO ASSIGNMENT The undersigned, tl~e City of Delray Beach, a h'Iarida niunieipal corporation, being a party under that certain parking space license agreement dated November i, 200' and originally between the City oT Aelray Beach and Baca Parl~ing Systems, Tnc., does'liereby give consent t4 the assignment of the agreement from BOCK parking Systems, TnC. to Sunshine State Parking Solutions, LLC which shall assume and agrees to all terms and conditions of the original Agreennent. TN WITNESS WHEREOF, the r~ndersigned has signed this instrurrient on this ~ day Of ~ i~~ly~ci~ ~~~~. ATTIaST: By: City Clerk Approved as to legal farm and Sufficiency, By: City Attot`ney 'V'~ITNESSES: ~,v f.~ (Print or Type Name) (i'rint or Type Name) i COUNTY OP ~ ~~~h CTTY OF DT+aT1RAY BEACH, FLORIDA By; Nelson S. McDuffie, Mayor BocA Pa 'n ystems B}r: The foregoing instl~unent was acknowledged before me tlais ~ day a£ ~ ~~~. ~ r' 2o(Y~, by ~~~1n1 ~Ci?`t°.S• , as w -!~ {Warne c~F officer or agent, title of officer or agent}, of ~~~~ ~ S ~`~c~i~ ~~~ (name of corporation acknowledging), a ~" (state or place of incorporation} corporation, on behalf of the corporation. He1She is personally known to me or has produced ~~~~( ~7~~~F (type of identificat' as identification. Si n~ o e L C NOTARY P[7I;IdC-STATI< QF PIA~2IDA ,,,,'.~.,, Laura M. Chapin ?' .Commission #pA875©U7 '-.,=' Rxpires: MAR. 2b, 2R13 ~lur+~L~'nsisy A'fl~t#'lAl~tlNlfknG cv., uac. VAT i ~ S. ~,~ .ter ' N ~' (Print or Type Name) (Print or Type Name} COUNTY OF ~~~ ~AC~ Sunshine Sate rlcing a tio~zs LLC By: The foregoinginstrument was acknowledged before me this ~ 7 day of r ~~~~~' 20~, by I~rJ ~ ~ , , as f{~,~tl~ (name of officer or agent, title of officer or agent), of ~v.SN7~+ ~ E ~~~~ ` ~ (nataxe of corporation acknowledging), a ~ C'ia~ ~ (state or dace of incorporation} corporation, on behalf of the corporation, He/She is personally known to :rxie or has produced I~tut~C~ G-1'~~~5~ (type NOTARY PUI3~.IC~TAPE OF ~'~ORII~A ,,,'"',,, Laura M. .~ Chapin `Commission#llD875~07 t~amS~r~inu;unx~w~rr~an~~~x 6ca ~~c. of identifca ' as identifieati n. ' Za e otary bii ACORD,~ GERTIFICAT~ aF LIABILITY INSURANCE ° ~zios,zao~ ~RODUCER 308-886-2372 THIS CERTIFICATE !S ISSUED AS A WIATTER 4F #EJ#=QftMAT10N UNIVERSAL ALtIANCE CORP. ONtY AND CONFERS idd RIC3HTS UPON TH>= CERTIFICATE NOtDER. THIS CERTIFICATE DOES NOT AIJIEND, E3LTEND OR 678$ SW 98TH STREET ALTER.THE COVERAGE AFFORDED BY THE POLICIES BELOW. PiNECREST, FL 3318G~221 INSURERS AI'FORDING COVERAGE NAEC# INSUREtl INSURER A: CATtkN SPEC#ALTY INSURANCE COMPANY SLft+#SHINE STAT1= PARKING SOLLETkONS LLC INSURER B: 940 FEDERAL HIGHWAY SUITE 204 INSURER c: DELRAY BI=P,CH,1=L 33444 INSURER d: INSURER E' COV@RAGES serial # 140957 THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSiJED TO THE INSURED NAMED ABOVI~ FOR THE POLIGY PERIOD INDICATED. NDTVIATHSTANAING TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT 1MTH RESPECT TO WiICH THES CERTIFICATE MAY BE ISSUED OR ANY RECIUIREISAENT , THE INSURANCE AFFORDED BY THE POLICES RESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSEONS AND CONDITIONS OP SUCH MAY PERTAIN , M S. POLICIES, AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDElCED BY PAID CLAI wsa I.TR k~o~i S TYPEOFINSllE?ANCE POLICY NUMBER ~~ ~~ PpA7EYMMlD~T~ ~Cy pp RRqA DATElEJXlAII3UnON LIMITS G;NI:RAL LlABELtiY EACH OCCURRENCE g,~ COMMERCIALG£NERALUABII.tTY PRE~MI9E80 a~Eenee $ CLAIMSMAL7E ~ OCCUR MEOE;(P {Aro'«wl~+~+) 5 PERSONAL&AI3VlN3URY 5 GENERAL AGGREGATE 5 [iF1~Y~Af3GREGA7ELIMFFAPADEBPER: PROEH7GT5•C01,{P!(}PARt3 $ PoucY PROs Loc AUTOMOB]LELIABILITY COhiBINEDSINGLEUMIT $ ' AfiSY AUTO {Ep arcJdenlJ ALLOYtTIEbAUTOS BOOILYEN,IURY S SCHEtlULEtl AUTOS ~ 1Per person) HIREtlAUT05 BOOILYENJURY 8 NON-0NT1E0 AUTOS {Per accitlalitl p ROPE£iTY DAIAAGE $ P I llee aacc GGtt tS 77 DARAOEE-IABELITY 09013©OQ7Z D911pf2CBR OsI10IZO"Ifl O N -EAACGtlENT AUTO LY S ~,OOU,U©~.OQ A X ANYAi1TO RTHAN EA ACC OTHF S 1,44D,440.4Q X GARAGEKEEPI=RS 30Q,t3QQ.(}0 . AUTOONLY: ACSG s 2,Ot3©,OE)D.©a EXCESSlUMBREI.LALIAE3ILETY EACH OCCURRENCE S QGGUR ^CWMSMAtlE W AGGREL?ATE S 5 BEnucT113L1= s RETENTION $ S y R ~ 1YORKER'SCOMPENSATIONAN6 1"fS E 70RYi41d EMPLOYERS' LUtB1L1'FY ' EL EACH ACCT-ENT $ ANY PRDPREETBRIPARTHERIEXECUTIVE PFFICER/MEMBEREXCLUQED7 ELOISEASE-EA EMPLOYEE $ IFyyaas descr~~ewader SPEL~IAL PROVISIONS below EL DISEASE- POLICY EIMfT S OTHER T7ESCR[PTION OF DPERA710N61LOCAriONSAIE[iICLESlE7(CL113[ONSAODEp 6Y ENbORSEMENTI5PECfAI PROVIS[ONS INSURED OPERATES A VALI=T PARKING CONCES510N THE CERTIFICTE HOLDER IS AN ADDITIONAL INSURED ON SUBJECT POLICY PARKING LOCATION :SUN TRUST BANK 3112 E ATLANTIC AVE D ELRAY BEACH, FL 33483-4576 (THIS PARKING LOT IS A COVERED LOCATION F(3R PARKING VEHICLES FOR CUGENI GRILL) CERTEFICATI= NOLE3ER CANC[;LLATION SHOULD ANYOF THEA9pVE €tESCRIBEtlPOLICIES 13E CANCELLE# SEFORb THE E7CPIRATEON GATE THEREOF, THE ISSUING INSURER 4AfLL ENDEAVOR TO1<fA1L 3Q bAY54lfZfffEN THE CITY OF DELRAY BEACH NOTECETOTHECERTIFICATEHOLtlEIiNAMEtlT07HELEFT,BUTFARURETQbOS(}SHALC ITS OFFICERS & i=MPL©YESS,CITY MANAGERS IMppSENOOBUGATiONORL1A81L1TYOFANY1QNt)UPONTHEINSllRER,1T5AGENFSOR OFFICE 1 OQ NW 1ST AVENUE REPRESf7iTATIVE3. 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HE]I.ilf,•R tt~ElPiP i Ei TtiB LEFT, Btr'T' FA1LJrt°')"fl p0 rty $~>L.~ Q~.C;f Q~ f)Q].]:.A.jC k~.~'wC"tl, L~.C7I:3.L~.F7. Er,SPO5~F![]U6Lr[iAT1C1rEi91~illsfilffilYOFAFEYFLItEQi!pVIETHf:1HSUlifR;iTSAGE:jt'~E3R Ci.t]" ~*'~llbal"E33;;{3 Q~~1'C0 PIEPfi2$FMPr7EU&:. .. J.. )1F1YrEDR!ZELiR~RESElETATIVk _ •,~er~{!• 7.{1{1 e1.Sh'. a, t3 t; AyE. y •~E:1'X'13',~'...~3~aZCr~. T+Y~ 33442 +~ -,,,r • - (2Q091Qti ~ - - •-- -- • ~'t98~~~{3t19 AGt}Rp t2P0Rh<f(OAj, -Jalf riglti:;1'gaorvaa, . 't•ho RCOCtl3 ~Iratisa Ernrl logo srrt Ye{11steEeii rnurtss Gf ACCktEL1 M~~ [li t78 f3~; ?~4a Bd~a Parising 5~s 561-75~-217 p. I ~\ ,r GARAGE ~',~.R~NG SPACE LICENSE AGREEME~I"»' THIS AGRE~IYIENT ("The Agreement") is made dais I ~~' day of +~ e ~~"^~+ ~ ~ , 2007, by and between the CI'T'Y UE DELRAY I3EAC~, a Florida municipal carporatian (the "CI'T'Y"), and DOCA PAR~I~TG SYSTEIV,CS, iNC., {"LIC s l1iSEE"). WITNESSI~TH: ~'IIEREAS, LICENS11lJ has requested pezrnission in use a certain natnzber of public parking spaces, located in the Federspiel Garage, fox valet parking; and t~~'1EIEIiEAS, the LIClGI~tSE1'!, may utilize the garage parking spaces during the haws provided herein; and ~VIltEREAS,rn oz~Jer to use the parking spaces refexenced herein, the CITY requires that LICENSEE enter seta this ttan-exclusive Garage Parking Space License Agreeaa~ezat. NO'~'V TH~RI!1rOlI~, iza co;asitleration of the zaazttczal cavenae:ts and conditions contained in this Agreement; anal catJzer good and valuable consideration, the receipt and sufficiez~cy pf which ure hcze6y aclrnowJ~d~etl, the parties hereby agree as follows: . i.. ~ )f:ucor ©rativa~ of Recitals. The parties hereby represent azid warz-ant that the above recitals are accurate and correct az3d hereby incozporate them in this Agreement. 2. Pig. The CITY agrees to allavc+ LICEI~ISEC t13e ndz~t-exclusive arse of farty- ~ve (40) ;garage parking spaces in the Federspiel Parking Garage and in t17e area as depicted an Exhibit <`A". The parkizag spaces arc to be used far valet parking by I.ICEI~SEE daily bettveetz tlzs hours o.f 6:00 p,na. to 2:00 a_na. Monday through Sunday, seven (7) clays per ~uee3c. The gate for the garage (once installed) shad be closed at 2:00 a,in,, sa no cars strait be allowed to enter or exit the garage, after 2:04 a.rn,, nntii it opezts the fallowing morning at 8:00 a.rn. The Gity Manager ar hislher desigzaee(s), shall ez~faxce the provisions of this &$reeanent, including the • location, time, parkiizg liz3aitatinzas and retluireznents, and compJia~3ge with ail applicable talus and ordinazaces. When required by lave, the enforcement shall be accomplished through persoruzel authorized by law to enforce the law, The CITY shall not ice respoztsible for any vehicles that are parked in the garage spaces at any dine. - . 3. Waivers. CITY~agreas~ta waive paragraphs 3 and ,l4 of Ir.ICPNSEE'S Parking License Agzeazrtent attached as lrxhil~it "L" to the extent that the CITY is hereby allowing May 01 08 08:14a Boaa Parking Sys 561-75d-2167 p.2 LICENSEE to utilize the public parking spaces referenced herein. The CI'I'Y reserves the right to enforoe those provisions, however, i.f LICENSEE uses more than the allowed spaces as set forth in this Agreement. ~#. a meat i'or ~,~,rkir-~ Oueue Spaces. LICENSEE agrees to pay the CTI'Y foz~ty dollars (~40.04~ per month, per parking space by the 5th of each month. A Iate fee of 5% will be charged after this date. S. Si na e. The CI~'X zrAay, in its sole discretion, provide the dashboard passes for L)iCENSEE'S valet to place inside the vehicles parked in the garage parking spaces. ff such passes are provided by the CITY, LICENSEL+ fQrfeifs the use tiny spaces due fa last or nvsplaeed passes. I.ICI<NSEE is rasposasible to uatify the City of any passes} last or misplaced. I-,ICENSIgE or their agent anay not, under any circumstances, create replaeemez~t passes. Misplaced passes will be replaced by #l~e CITY on the following business day, after notification. ~. Term auti Reneyv~tl. The term of this Agreement shaft be faa• ozae (1} year from the date writteta above. The License may tae renewed by the Ci tY Manager faltowing receipt of a written notice from LICCi~I5E); that Y.ICENSEE desizes to continue usi~tg the garage parking spaces, if tlae Gity Manager t3cterxnines, in his sate discretion, that the renewal is in the best interests of the CITY. 7. Revocable License. This Agreement is only a r~on~exchisive License Agreement and maybe revoked by the CITY at anytirrte with or witlaez~t cause during the initial tet~v or any renewals thereof upon providing vcrritten yxotiae via 't.l.S. Mail to LICENSEE. The revocation Shall be effective 3 brsiness days after the date mailed. 8, Com lixuee ~vit Laws. LICENSEE and hisll~er employees, agents, representatives a~rdlar subeontractars agree to c©mply and adlxere to alt state taws and local ordinances regarding traffic and parking that exist ar as amended frarn time to time. , 9. lwlotice. Notices required Eo ba pravidett put'suatit to this Agreement shall be sent to the following addresses; TQ CITY: David T. I-Tarden, City Manager 100 N.W. ist Avenue Delray Beach, Florida 3344 To LICEI~ISE?a: Bona Parking Systems, Inc, 2 t~sy Oi t7B AH:74a Hoca Perking Sys 561-750-27,57 p,3 `-17 7 ~U1, .,~.., ~~ -. R.. ~ lU. YndemuiCca#fon. LXCEI~ISEE shall protect, defend, indernrxify and hold hartuIess tlxe CITY from and against any and alI claims, suits, actions, damages ajzdlar causes of action arising during tlae Term of this Agreement far any personal injury, loss of life andfor damage to property sustained as a result aiF the use sad occupancy of the parking spaces by LIC`Ii~NSEE, its agents, employees, licensees, invitees, and members of the public generally, sad fi`orn and against any orders, judgments, at~dlor decrees tivhich ztzay be entered thereon, and from atxd against all casts, attorney Fees, expenses and liabilities incurred in and aboirt the dsfea~se of any such claim. ~ the event ttte CYT'S~ shall be made a party to any litigation cnrrenced against LXC:ENSEE or by LICEIVSEI!.: agAinsk any third party, then the LICENSEE shall protect, dcfcrzd, inden~t~i!'y and Bald the CITY hzrrraless and pay all costs and attorney's fees incurred by tt~e CIT"y its connection with such litigation, and any appeals thereof. 11. Tltfrd Parties. Nothing in this Agreement, whether express or implied, is intended to confer any rights or remedies under ox by reason of this Agreerr~ent upon any person other than the parties hereto and their respective l~siXs, successors, legal representatives, at~d perruitted assigns, nor is anything in this Agreement intended to relieve or discharge the obligation or liability o~ any third persons to any party to this Agreel7C~ent, nor shall any provision thereat' give any third person any right of subrogation ox actioy~ over or against any party to This Agreettzent, l2. C#ean-uu. LICENSEE shall remove and pick up any litte~•, garbage or other tr-aterial that maybe deposited in ~e garage facility as a result of LICENSEE'S activities. t3. Assf ng_meuE. Tl}is Agrearnent shall not be transferred or assigned without the express written consent ai' the CITY, which may be withheld, in tlar: CITY'S sale discretion. 1~. rur#her Assurances. The parties shall from time to time execute and delivea• such other and further instrurr~ents and documents and do all matters and things which may be convenient or ~~eeessary to more effedtively and conrpletely carry out the intartt of this Agreement. 3 MOB 01 tt8 #18:14a Boca Parkirsg aye 561-75C}-2187 p.4 1S. ~Indin~Eflfeet. All of the terms and provisions of this Agreement shalt be binning upon, inure to the benefit of, and be enforceable by, the parties hereto and their respectivelieirs, successors, legal represCntatives, and permitted assigns. IG. Entire A rec~ncnt. This Agreement shad coaastitute the entire agreement of the parties with respect to the subject matter of it. All prior nnderstattnings and agreements hehveen the parties vt+ith respect to such matters are merged into this Agreement, which alone fully arzd caxnpletely expzesses their understanding. 17• A,1nCll~enfs. This Agreement may riot be amended, modified, altered, ox changed ire atiy respect, except by a further agreement in ~ri#itlg duly execp#ed by each of the pax•kies hereto. l a. Insurance. I.ICENSEI~ shall provide insurance as set forth on Bxltibit `tC„ )<N WITNESS 'V~''~ER OF, the parties heret© l3ave caused this Agreerx-e~rt to be duly executed orr their behalf this day of Zt]07, ~`._~ A LST: Gity Clerk TH~C Off` DELRAY 1t3EA H, (gy. ~ ~ Rita E lie, Mayar ApprovEd as to form: ~~City Attorneq STA'~ Ok' ~ (~f`'~ COUNTY y I30CA PARI£~ING SYS~'ElYiS, INC. Tl~e faregoi3~g instriunen~# tivas acknow edged b e zne this ~ day 4f {rlatne of officer ©r agent, title of ofheer ar a ent), of , {name of corporation acluzovYledging), a ~ `t Cis eta ar place of incarporatian) corporation, on behalf of tl~e corporation. He/Sha is personally known to me or has produced Q t... (type of iclentificatiola) as identihC tion. Illyssa ~.eonatd Sign tt:re of Notary Public -State of n+yca„~lss~lx~as~xlo Florida w~ ~xpiros oelobcr t2.20U8 A wvU~t.sunbiz.o~•g - Department of State dame Contact lts E-Filing services t3acument Searches Previous an List Next on List Return To List Events No Name Histary De~a~l by Entity dame Florida Profit Corporation BOCA PARKING BYSTEM,INC. 1=ding Information Dacument Number PO1000078727 i=EllE[N Number 85'1128651 Date Filed 08I09f2001 State FL Status iNACTlVE , Last Event ADMIN DISSOLUTION FOR REGISTERED AGENT Event Date Filed 11l1712D09 Event E#Fectlve Date NONE Principal Address 4710 N1N 3RD AVE BOCA RATON FL 3343'1 Ghanged 04119/2005 Mailin Address 4710 NW 3RD RV1= BOCA BATON FL 3343'1 Changed 04119/2006 Registered Agent Name & AddrQSs None FL t!S #2egistered Agent Resigned: 07/1312009 OfficerlDirectorDeIail Name & Address Title PTD LEONARD, LAE/11RNECE D 4710 N1N 3RD AVI BOLA BATON FL 33431 Tiiie VSD POiNERS, JAHN E 200 ROYAi. PAtw1N RD APT 312 BOLA BATON FL 33932 Page 1 of 2 Forms Help Entity Name Search ;Sublriit, http:llvvww.sunbiz.org/seriptslcordet.exe?action=DETFIE&incLdoc numbei~=P01000~787... 1/1312010 C9 G~ m C.7 m tb d> CQ ~ ti ~~ _ I ~_~ 3 ~~ 1 •~ • i, ~ ~h Ab U3 ~P.~iflt'~1tt~tlt ii~ ~~#t~~ ~ CERTIFICATE OF ADMINISTRATIVi~ DISSOLt1TtQN The provislor}s of section 607,1421 ar 517.1421, Florida S#atutes, which requires 60 days notice of a prapased dissolution, have been met for SODA PARKING Q SYSTi:iVi, INC., a corporation organized under the laws of the State of Florida. This corporation is hereby administratively dissolved as of November 17, 2809 far failure to designate and maintain a registered agent, as req~tlred by law. The document number of this corporation is P0104U078727. Given under my hand and the Great Seal of the State of Florida at Tallahassee, the Capitol, this the a~ "rte ~ Seventeenth day of November, 2009 o~ µ~z ~- ~ ~ ~ ~' aa~ w~ ~~~` ~ r# ~. ~irufu~t CR2E022 (Oi-47) ~8~8~'t[;~! D~~~2tt~ ~ J m ~ ~ ~ Q ~~ D O G ~~ r ~~ ~~ k ~. ~~, :~~ O p eaar ~urar - a~avasd~+n r~ts3a x~ ~ f~•~ ~tu+~ ~~+~• w~ , r.~o+~.~.+~ 10~ aw+ nR c~ira~i xa~a x~re ~¢ ~w~~ ~~ .~ ~~ !3 ~~ .. .. ,'~-~ '~ .~~~ ~ . . ` f~-~ - ' i L0~ 1~RUsibi7 - C7iYM~d3F3IX# IMJISlO i31Qd l4 Nd~ ~~ su~~ RII '~Ai" P~?iY'~'~ •9 ial IIaM P~ Wl~~ 7~tt7a -i3F(!d ~ Page 1 of 2 ~MO~NnUnz TO: Mayor and City Commissioners FROM: Bruce Koeser, Human Resources Director THROUGH: David T. Harden, City Manager DATE: January 15, 2010 SUBJECT: AGENDA ITEM 8.F. -REGULAR COMMISSION MEETING OF JANUARY I9, 2010 AGREEMENTIWORKFORCE ALLIANCE, INC. ITEM BEFORE COMM~SS~ON The item before Commission is the consideration of an Agreement between the City and Workforce Alliance, Inc. to participate in the Florida Back to Work Program. BACKGROUND Workforce Alliance, Inc. is a private corporation chartered by the State of Florida to create and manage Palm Beach County's workforce development system. The Alliance announced last week that it had been selected to be Palm Beach County's link for the statewide "Florida Back to Wark" program recently introduced by Governor Charlie Crist to bolster the economy of the State and to create new jobs. This program is under the Temporary Assistance for Needy Families (TANF) program. The pool of federal funds being made available to Palm Beach County is meant to help drive down the County's unemployment rate, which reached 11.7 percent in November, compared to the State's unemployment rate of 11.5 percent. Under the rules of the "Florida Back to Wor1C" program, public and private employers will be able to submit an application through Workforce Alliance for participation in this project. If the State approves the application, the majority of salary costs for new employees will be covered an atime-limited basis if they meet three criteria. Job applicants must have earned less than 200% of the poverty rate as a family in the last thirty days, have a minor child at home (18 years old or younger) and be applying far a position that pays less than $40,000 per year. To begin the application process, the City was required to submit the job descriptions to Workforce Alliance for the open positions that would qualify in terms of salary. The deadline for this submission was January 13, 2010, which the Human Resources department was able to meet. If the State approves this initial submission, Workforce Alliance will then draft a contract that will reimburse the City for 80 percent of the eligible new employees' salaries, benefits and training and supervisory expenses. The reimbursement will apply to eligible employees who are hired after the contract effective date, which http://miweb001 /AgendaslBluesheet.aspx?IternID=2964&MeetingID=230 1/15/2010 Page 2 of 2 will likely be February 15, 2010. And the reimbursement will end on September 30, 2010. Employees will be recruited for these positions through our normal procedure using NeoGov, or they may be referred to us through Workforce Alliance. In both cases, applicants will be screened by Workforce Alliance to determine whether they qualify for this reimbursement program. FUNDING SOURCE The reimbursement for at least eighty percent of any qualified employees' salaries will be provided from TANF funds through Workforce Alliance until September 30, 2010. The other twenty percent will be provided by department payroll for these positions. RECOMMENDATION Staff recommends approval of the Agreement with Workforce Alliance, Inc. for the Florida Back to Work program. http:l/miweb0011Agendas/Bluesheet.aspx?ItemID=29b4&MeetinglD=230 1/15/2010 ~o~k~ FLORIDA BACK TO WORK -SUBSIDIZED EMPLOYMENT PROGRAM ,~„~~,,.,~ '~"""`""'=°"-~ EMPLOYER INFORMATION AND APPLICATIONIBUDGET SHEET a"'A°`'='`-=~ PLEASE RETURN TO WORKFORCE ALLIANCE e-mail: backtoworkCc7labcaNliance,com or Fax: 561-340-1057 RWB Name: Workforce Alliance of Palm Beach Copnty; Florida RWB 21 Employer Name and Address: City of Delray Beach Primary ContactlTitle: Dot Bast Telephone Number: 561-243-7127 INDUSTRY :municipality Fax Number: 243-7fl82 TOTAL of Employees: 800 Is your Organization: ^ Private For-Profit ^Npn-Profit ^xxx Public How many and what kype of posikions are available for this project? ~- -. ..- 5 Police Officers $17.73 40 26 2 Administrative Assistant $15.58 40 26 1 Communications Specialist $18.01 40 26 2 Recreation Leader $11.67 25 26 2 Ocean Rescue Lifeguard Trainee $12.79 24 26 2 Pool Lifeguard $11.67 24 26 5 Firefighter (Paramedic Candidate) $20.34 40 26 NOTE: fA dd additional positions on a separate sheet) Scheduled date for when subsidized jobs will begin: 2/35/2010 Employer of Record: City of Delray Beach A completed Budget Sheet is attached: Yes xxx^ No ^ A completed project budget sheet is attached to this application and the undersigned, acting on behalf of the employer, agrees to commit the amount of funding indicated on khe budget sheet that the employer must contribute and agrees to provide all necessary supervision and training for the subsidized employees. The signature of the Workforce Alliance representative attests that the application has been reviewed by the regional workforce board and determined eligible for funding consideration. Email: bast@mydeiraybeach.com Name and Tile of Employer Representative: Bruce Koeser, Human Resources Director, Page ~ of 4 mate of form: O1-08-10 _Bruce Koeser -electronic bate:_1 /1411 a Signature of Employer Representative Name and Title of Workforce Alliance Representative: Date: Signature of Workforce Alliance Representative Page 2 of 4 Date of form: OI-0&7Q ,~,,~,.,R~ '"°1 FLORIDA BACK TO WORK -SUBSIDIZED EMPLOYMENT PROGRAM ~~r~ At/1~r~c~ EMPLOYER INFORMATION AND APPLICATIONIBUDGET SHEET Arrr~.,~..;~ PLEASE RETURN TO WORKFORCE ALLIANCE e-mail: backtoworkCc~Rbcalliance.cam ar Fax: 569-340-1057 Page 3 of 4 Date ofform; 01-0$-10 Employer Worksheet Costs -Non- Federal IVtatchs Total 80 % Reimbursement Wa a Costs: Number of Jobs FTE 19 -- - -----;m,,; Av Hourl Wa e Costs $16.41 Number of HourslWeek 35 Number of Weeks 26 _ '.Total Wa a Costs $283,728 $ $ $ 'Pa roll and Benefit Costs Em to er share of FICA $ , $ Unem to ment Tax $ Workers Com ~ Health and Welfare ~$ Other Benefit Costs $ Pa roll Processin Costs $ TataN Payroll and Benefit Casts 25.00% $, ,70,932; - $ - ~ - $ - Employers Cost for Supervision and Training - % of Wage Costs 25.00% $ 70,932 - $ $ - -Board Level Costs Overhead Costs - % of Pa roll 2.50% $ $ Staffin - % of Pa roll 15.00% $ $ Other - % of Pa roll costs 2.50% $ $ Total Board Level Costs $ 5fi745 - $ - - $ - $ Total Costs $ - $ - $ - $ - Required Employer Cash ~ _ Contribution Funding Summary 80% Reimbursement $ - Em la ens Cost for Su envision and Trainin $ - Re aired Em to er Cash Contribution $ - Total=unding~ $ - u~~ ~ .~~ Rafe of form: 01-0$-10 Page 1 of 2 MEMORANDUM TO: Mayox and City Cozx~xnissioners FROM: Jasmin Allen, Planner Mark McDonnell, A1CP, Acting Director of Planning and Zoning THROUGH: City Mananger DATE: January 1 S, 2010 SUBJECT: AGENDA ITEM 8.G. -REGULAR COMMISSION MEETING OF JANUARY 19, 2(110 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 January 4, 2010 through January 15, 2010. 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 7anuary 13, 2410 A. Approved (4 to 0, George Brewer and Chris Stray absent), a Class I site plan modification associated with the removal of wheel stops from the handicap accessible spaces and replacement with concrete bollards at Wal-Mart, located on the west side of Military Trail, south of Linton Boulevard. Concurrently, the Board recommended that the City Commission approve a waiver to LDR Section 4.6.9(D)(4}(b) which requires that wheel stops be provided for all parking, other than parallel, in the form of concrete or asphalt wheel stops or a continuous concrete curb. httpa/miweb001/AgendasBluesheet.aspx?1temID=2963&MeetinglD=230 1/15/2010 Page 2 of 2 B. Approved (4 to 0), a Class I site plan modification associated with an architectural elevation change to install blue awnings instead of the approved black and white awnings for PNC Bank, located within the New Century Commons development at the southwest corner of Linton Boulevard and SW 4th Avenue. Concurrently the Board recommended that the City Commission approve a waiver to LDR Section 4.6.18(B)(13}(b) that requires outparcels to be consistent with the other retail development within the same shopping center. Historic Preservation Board Meeting of January 6, 2010 1. Continued with direction {7 to 0), a request for a Certificate of Appropriateness for new signage on a contributing property, located at 14 South Swinton Avenue. 2. Approved (7 to 0}, a request for a Certif sate of Appropriateness for new signage on a contributing property located at 215-219 NE 1st Avenue. 3. Continued with direction (7 to 0}, a request for a Certificate of Appropriateness associated with the replacement of wood windows with vinyl windows on an individually designated structure located at 910 NE 2nd Avenue. Other Items: No other appealable items were considered by the Board. The Board reviewed and provided comments on a concept plan review request associated with the relocation of a contributing structure from 36 SE 1st Avenue, Old School Square Historic District to 182 NW 5th Avenue, West Settlers Historic District. RECOMMENDATION By motion, receive and file this report. Attachment: Location Map httpa/miweb001 /AgendaslBluesheet.aspx?ItemID=2963 &MeetingID=230 1/15/2010 ~i` .~ ~~`~1 iTY G~MMlS~I~N MEETI~~ ~ - - _ r .~,,,; _ _ _ _ ~ ti~ ~ > -.-~ , ~ i ~~t r,~~ F ~u~ -~' ~,%,~~~; ~MMIf---- -'~~ ~'LANN{N~ A~J~ ZQI~JING ~' "~...-~~`~~~ L. JCATI(3~ MRI~ ~.r.. ~~,a~,, . ,:,~ ~ o~e~aR~Erdr SPR,~~3 NPE ,a. ~t~a~n,~a,~~ ~ ~~ so~lrr~ ~wtNroN.~v~rv~.j~ ~. ~1o N~ ~N~},av~N~l~ ~. F'NG ~AlVK 2. ~ 1 ~-? 1 ~ NE 1 ST A vENLrE __ ~~fTAC EdASE" M.~F S3~7EM --- MAP AEA":: ~.~PEr~nrt6ng & c.rti(iC~~•eh~1~SlFile--~8b\CG--©QC,1---19--1.0 Page 1 of 1 MEMORANDUM TO: Mayor and City Commissioners FROM: Joseph Safford, Finance Director Patsy Nadal, Purchasing Manager THROUGH: David T. Harden, City Manager DATE: January 12, 2010 SUBJECT: AG, ENDA.ITEM $.H.1 -REGULAR COMMISSION MEETING OF JANUARY 19, 2010 BID AVVARD/PHOENIX LANDSCAPE MAINTENANCE, INC. ITEM BEFORE COMMISSION City Commission is requested to approve the bid award to Phoenix Landscape Maintenance, Inc. for landscape maintenance of Homewood Blvd., Linton Blvd., and three {3) medians on Military Trail for an estimated annual cost of $28,262.36. BACKGROUND Bids were received on December 18, 2009 from sixteen (16} contractors all in accordance with City purchasing policies and procedures {Bid #2010-12 Documentation on file in the Purchasing Office). The Director of Parks and Recreation and the Parks Superintendent recommend award to the low bidder, Phoenix Landscape Maintenance, Inc. FUNDING SOURCE 119-4144-572.46-40 {Beautification Trust Fund/Repair & Maintenance Ser~rices/Beautification Maintenance}. RECOMMENDATION Staff recommends award to low bidder, Phoenix Landscape Maintenance, Inc. for the landscape maintenance of Homewood Blvd., Linton Blvd., and three (3} areas on Military Trail at an estimated annual cost of $28,262.36. httpalmiweb001lAgendas/Bluesheet.aspx?ItemID=2939&MeetinglD-230 1/15/2010 . .. .: ;~ _ ~ ° ~ ' ° ~ 100 N.IN. 1st AV~~IU~ ° DCLFlfiY BERChI, FLP~IOA 33444 ® 561!243-7004 TO: Patsy Nadal Purchasing Manager FROM: Tixn. Sinanclons Paris Superintendent TH1i0UGH: Linda Larch Drrectvr of Parks an Recreation SUBJECT: laid #2010-12 for Landscaping Maintenance -Homewood Blvd. & Linton Blvd. and three rnedians on Military Trail - A~vnual Contract for Phoenix Landscape Maintenance, 17(31 `]Vest 10~' St, Riviera Beach, FL 334Q4 DATE: January 11, 2010 it is my reeommer~dation that we award this bid to Phoenix. Landscape Maintenance far 1 year. They are the lowest bidder. The total lump sum bid price for one (1) year for landscape xnaintezaance of Homewood Blvd. Sc Lir~tan Blvd. and three medians an Military Trail - $28,2b2.3b. The contact address far Phoenix Landscape Maintenance is: 1701 West 10~' St, Riviera Beach, FL, 33404, phone: (561)$81-21.52, fax: (561)$51-2149. Contact person is: Noz~nan Hazel {561)315-6616. If you have any questions, please contact rr~e at ext. 7260. 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'~ vH ~ ~.~z ~ ~ iy O O o ~n ' O +~ O ~n O o O 0 O 0 O 0 O 0 [t; 'C 0 y., ca ~ i n o ~n vi vi o vi v, ~' m C ~ ~ C C t~ C ~ o q p M O o 0 0 0 O. • ~ m oa r°0n N a cv ~ ~ ~ c~5 ~ ~' ~ od n o~ vi ci mo ~ " c9 " ~ I . p ~~~ ~ ~ ~ ~ ~ ~ ~ d o 0 o a o 0 0 0 0 0 w o 0 0 m ~ ~ o ~ v, o o ~; 0 0 ~; 0 a 0 ~, aW ~ ~ ~ ~ ~ ~, ~ U " ~, `~ U ~, k - ~ a 0 0 ~ -a ~ r.l o b 0 O 0 o ~ o ~ O .N w .~ G'.. d sa ' ~~:. ~ ~ f.. c fA fA ~ fA ~ b ~~. L ~. ~ - M ~!~ V ~ Q Fx~ Z ~ rJ _ V O O w ~ ~ A 3 . a o~ ~ o~~ o~ ~ ~, ~ ~~ ~ ~ ~ ~ ~ ~ s :a., p ~ a z v °' ~ o ~ ~ " d o °~ ~ v~ o o d ~ o ~ w a ~ o ^ 0 4y ~ ~ F ~" v ti ~ ~ ~ b , ~~ j ~ ~ ° ~ .. ~ t W W W Q ~ Y~ F~ ~~ ~~i ~b (~i ~ F. d . ~ . ~ ~ ~, v w U N M a ~ ~, ~ ~ n a ~ Q Q~ d Page 1 of 1 MEMORANDUM TO: Mayor and City Commissioners FROM: David C. James, Fire-Rescue Chief Ed Crelin, Division Chief THROUGH: David T. Harden, City Manager DATE: January 13, 2010 SUBJECT: AGENDA ITEM 8.13.2 -REGULAR COMMISSION MEETING Off' JANUARY 19 2010 CONTRACT AWARDISPECIAL PRODUCTS GROUP ITEM BEFORE COMMISSION Commission is requested to approve a contract award to Special Products Group (SPG) for uniform procurement for Fire-Rescue Department personnel. BACKGROI] N D In an effort to streamline the uniform purchasing process, the Fixe-Rescue Departrnent has arranged to "piggy back" on the City of Boynton Beach uniform bid with SPG. The procurement of uniforms in this manner will be new to the Fire-Rescue Department and is aimed at empowering employees to ensure that they have clean and professional uniforms, and sufficient quantities as well. Personnel will receive uniforms on an "as needed" basis as opposed to the aggregate ordering that had been done previously. Each employee will have an account at SPG with a $500.00 annual limit.lt will be the employee's responsibility to order and retrieve their uniforms through SPG themselves. This action will free up administrative staff from the time consuming efforts needed to manage uniform inventory. Additionally, this procurement process is projected to have financial benefits as well. Excessive uniforms will not be ordered and the use of one single vendor instead of multiple vendors will enhance efficiency. SPG will be used by all operational and administrative personnel of the Fire-Rescue Department. This contract is projected to be $75,000.00 (150 personnel x $500.00 each). FUNDING SOURCE 001-2315-526-52.22 RECOMMENDATION Staff recommends approval. httpalmiweb0011AgendasBluesheet.aspx`?ItemID-2953&MeetingID=230 1/15/2010 91/12/2010 17:03 FAX §817329879 SP£CIRLPRODUCTSGROUP ~ Ofl1/098 `~~ ~~~ ~pi~~i~~a! Prot[ucts r~u~ January ~ 2, 209 0 pelray Beach l^ire~ p~epartm~.nt 6~'l Wcst Atlantic Avenge Qelray Beach, l'L 3~~4~ Attn; Roxanne Tilghntan bear {~oxanne: Bpecial Prr~ducts ~riaup (BF'G~, ~ Palm h~eeCh County rr~inority business, is pleased to provide the f4ll4wing infprm,~tian for yvtlr agency. In accordance with Etayntan BeaCi1 Contract#0~5~~4~2-Q$fGJD, General conditions far Bidders, sectinrr titled "P~trcl~asing Agreements witi'i ether Government Agencies"; the City of delray Beach is au#horized 2nd allowed to "piggy-back" this contract. 5pecifcally, the contract states; "All bidders submitting a response to this Invitation to bid agree that such r~arponse also constitutes a bid to ALL P~3L.iTICAL SU131~lVlBiONB QF PALM E3l=ACH Ct}UNTI', Fi..aRf©A, and the Palm Beach County ~cl~aal Board, under the same cr~nrtitians, far the same prices~s) 2nd the same effective period as this bid. A#ached you witl find the pr cirtg excerpt i:rt~rr~ the i3oynton Beech Cr~ntract, cnntracl extension loiter, and ti-ie delineation of items that your Department may v~i,h to procure- Additionally, 5PG wil! manit,>r 2nd track, nn an individual basis the spending 'l'or each 1=irelRr~scue individual for y~>ur ease of record keeping. Sincerely, „•r.-- e a-~,..,~...~.,. ..c. aanne 5chelier President Special Prr~ducts Gr~uuE? Attachment 9: Boynton Bea ~h Contract Pricing Page Attachment 2: List t~1` lterns'`or ©elray Beach Fire Rescue wltil pricing Ait~chment ~; Boynton Bea :h Contrac# ~xtr~nsian Letter ' PmUdly ~arvingTha American ifero" Armor * llRtlorlne ~ Gear 20<S ~~?rpars~e 1~rly~ Boyrrtan 8e~cts, Finrlda 3~a2& o~~ic® (ss~) raz o~sa Fox i5s~t 7'a8,as7s wvrw.SpecialPrs~uctsCiroup.cam~ 01/1~l~010 17:05 FAX a61732AE79 ~ SPECIALWRODUCTSGROUP ate City ~f F,~2~f:~Tf:~ ~IT~2Vri' ~.LI~YICE,.~ y fl(I !C. ,~',) YNTt')N J3`Jyr[ t`II 73f.>CII,IsYA~Fs'D u ~r.~I /P. ~7..~yC7/7C if1 CI f~~ Ar.( ~'27C.1.~, ~fl G ~~ ffjj~flllli llJll ~Jq~ii'~ ~j~fV '1'/t~C~lti.+'I~O1~lb'Nr): fxlf].l ~:-Cl:~IO ~QV~~~r i~, zoos Specis~ i'raducts Crrau~l 2023 Corpaxate Drir+e Doyntpn B~ac:h, F1 3342fi Arta: 3©anrl,e ~ch~~l~r 81Ds "'~VV4-YEAR G'~NTRA~T FUR'T[~E PTJRC~~E ~~' ~~,F~RN[S~' DID #011-1412~~0~lCJ'a NEW 111D #b19-1412.1UlC,1D i~~u Nis. Schell~lr: ~ ooalova Thy Did far "TWC! 'YEAR Ct)N"TRACT FQI~ THE P~RC~A~E t~F 'Cl'Ni~'QR1V1S" has hen extended to your cdr>~~~any ~xfd~r the >~~risting contract v~ith the Same t~rm.s and car~dz""tittns for 2~tothr~ ye;:ur_ 'Thank you for exte~.di>.x~ this i=jid arld vrte iac~k fc~n~ard to wQrkitl:~ with you. tf you k><ave any questians or c+~iYCerns, pYc~e ce5ntact ~ara1 boppler, C~Pi~3, Puroitasi~.~ Agent at (~51} 742-6323. ~inccrely, ,~ ~°' ~axp~ lapppler Purchasing A.ger~t Ija tc: tvil~hua117au~-WarehrruscMangticr CenirAl Fila Fill 4112/2414 17.44 FAX 5617320$79 SPEGIALPRDDUC7S[3RDUP ~ 046/44B Attachment Z List of ltetns far l}elray Baach Fiae Rescue ltern. # y~ Descri tio19 Price Dress Pant, P~alycste, {loo°f°j, Fechheitnar, Style #3900 {menj, $ 27.110 S 1e#3933 WJE17'i1LI1;; standard sizes la. Dress Pa77t, Palyeste • (l00%}, Facblleimer, Style #3900 (7nen), ~ 30.00 St le #3933 wrom; oversize Men 44+, ~Vamen 24+ ~ 4 Pocket Pant, ~v1ya}ter/Cc~tty~ (65135), ~ovtX~ea~te~, Style S 24.25 #3001 ~(rn~), #L3Q01 women , 2a 4 l~'ocket Pant, Polye;terlCottpn (6S13S) Southeastet~, Style $2.8.25 #3001 uten , #L3001 Warne71 oversize Men ~44+, Ladies 20+ 3 EMT Pant,1'+~lyesteriCvttt~n (6S/3Sj, Sa77.i17easter77, Style #3031 $ 33.50 men :, #L303 f. wom e~ 3a EMT Want, i'olyesteriCottan (65135), Southeastern, Style #3031 ~ 37.50 (rnen , #L3031 (women - Sites 44+; 20+ 4 Dress Shirt, Sk7art Sleeve, PalyesterlCotton {65/3S), Southeastern, ~ 2l .50 White, S le #3243 ~nen , #L3203 women 4a. Dress Shirt, Sf~ort Sleeve, Paly4stsr/~ntton (6513Sj, S+~u~eas'l~srn, ~ 25.5f7 ~Vhize, S to #3203 ynen), #L3203 ~t+vo7r,ea3) Sxze 18+; ~.2+ 5 Dress Shirt, T~cug Sleeve, PalyesterlCatton (6513Sj, Southeastern, X23.50 white, S 1e #3101 ~nen , #L3103 women) 5a Dress Shirt, Lang Sleeve, PalyesterlCottan ~65/35j, Sauthe.astern, ~2?.50 Vi~}~i#e, Style #`'3101 ~ r€en , #L3103 wc-man); Size I $+; 42-h 6 Jumpsuit, Merxo Styli, UnifCann, Pro-Tub', Style # 1aC04-1605; $ 110.00 Jurr-psuit Eml~toidery - Eack, su7npsuit EmbrQide7y-Name and Rank an str% and scum-an 7 Po1v,100°/a cotton, 5,11 Tactical Series Professional Palo with $ 38.00 sleeve gen pockets, S Lyle #~ lOfiO, Col+~rs: Heather (GraY), Dark Navy, Wbitej; innl7irl~~s aznl'roidered badge, o7><abxaldexecl name axed t'a~k, anal :;ilkScrE et7 an back 7a Polo, same Ss a130~e0. DYerslZe 3~L `I` $ 40AR $ Polo Ship, Qfi'ies Staff Women, Part ~:utl~ority, Style #L455 S 30.75 Sizes ~S-~E Erx~I~ro idere~d Bad a, Name, and 'l,'itle 8b Pola, saute s:s above Oversize 2XL ~ 32.50 9 Of~7ce Staff, Women, 5AI Style # 4915 Tonic Length Sr~teater ~ 4$.00 , vsrea~r, "~tzes S-~L: EIn~1Tp7CleFeCl Ead e, Name and Rank 9b Sweater, sanaa as abo v'e, t?ve~rsi~e 27~. -- 3X.~. ~ 54A0 l0 Mockk Turtleneck, Long Sleeve, evil, Style #12479, Galars: ~ 22.35 may, Navy, ~: White; Sizes S-~L; SiIlcSarees7 on 1>ack, $711~'ilq~de7~d. k';ad P, .V~~, AA~.'S'ltle 077 froz7t lOb Mflek Turtle:t~¢~nk, 5a7'7e A5 above, S ize 2X)•_. ~ 24.75 07fi2f2010 77:05 FAQ; 5617320979 SPECIALPROd3JC7'SGROllP ~ 007/008 1 ] 1 i"ry~rra '1`-Shiart, SIZOrt S lee~ve, l~a~nes Style #5180, Color: Navy, $ 7.50 Sizes S-~L.; ~ilk~cre~~ front of s3urt 1Ia G T-Shirt, ~zame a,~ aiaove, Siz~:2XL $ 10.00 12 Ciym Shorts, Anvil Style #1.22, Color: Navy, Size S-XL; ~ 14,00 SilkscFas~~ fx~~it left 1~~ 12e G 5l~r~rts, Anvil Si le #122, Color: Nav ,Size S-XL ~ 36,35 13 l~oot~, '1`horog~aod, 6' Waterproof, Side Zip, Composite Toe, ~ 66.50 Com osite Shxnl~, St;rle # $04.6190 14 Bvots,'1"i~orO,~vOd, $' Waterproof, Side Zip, Cr~mposite Toe, ~ 68.50 _Cornpasite Slaanlc, Stale # 804-6191 15 B$lt, Trouser, Du, ty l~Ian, S le # 1611, Size: io 44" waist ~ 15.85 15a 33e1 Trouser, Dtrt~N[ar~ 5 le # 1611, Sxzer 4f>-52" waist ~ 19.00 lb Jacket, S. i I Ri.spond~:~r parka, Dark 1~'avy, Style # 4$063, Sizes $- ~ I99-00 Z~CI.,; C7uter ,ticket: ~ illcseree~ pi~:clc, Silksereen 1"rt-nt, Embroidered rkam,c acid rank scrip sew~~ on velcm pad; Inter Jacket: Silksaxeen Bawk, Embroidered $adge, 33mbroidered name and rank stri sewn o x 16b Jacket, 5.11 R~~spotad~r 3'az~ka, ~arl~Navy, Style # x#8063, Sizes 3- S 199.00 4XL 17 Rappel Belt, NFF'A 3 X83, CMC ]?raSeries; -sizes S-XL, Color $ 4S_0t1 Black !8 SwtrCt trunks, l~'a Sizes $-~~; Stllcacreert front left le $ 20.00 I9 Beanie; 12", Q~tto St le 52-480 Nav ; F~braider DBFI~ front ~ 12,00 2(1 Tie, Blank Cli ~-on, S amuei Broome S le ##0900Q3 S 4.50 Zl 13x11 Carp, Na'v;~, Flex Fit, Otto Style # 1 I-413!415: llz~zbroider $12.00 DBFR front 22 k3aI1 Cap, Na~v;y, Ve1c~o Closure, (7tto Style # 19-643: EznlSroider S 12A0 bBFR. front _ 23 Tie CIi , Blackintoii ~~ Is # J86 $ 5.00 Page 1 of 1 MEMORANDUM TO: Mayor and City Commissioners FROM: Sharon L'Herrou, Administrative Officer Anthony W. Strianese, Chief of Police THROUGH: David T. Harden, City Manager DATE: January 13, 2010 SUBJECT: AGENDA ITEM 8.H.3 -REGULAR COMMISSION MEETING OF JANUARY 19 2010 PURCHASE AWARDITHE MOHAWK GROUP ITEM BEFORE COMMISSION The Police Departzxaent requests approval to move forward with the purchase of replacement carpeting from The Mohawk Group in the amount of $64,3$1.15. BACKGROUND The existing carpeting is 20 years old, stained, frayed and in general disrepair. Replacement of the carpet has been part of the C1P budget for several years, but has been repeatedly postponed. It was approved for the current fiscal year due to continued deterioration. All areas with original carpeting would be covered under this request. The vendor has campleted work at the City previously with positive results. Pricing is per State of Florida Contract #350-240-06-1. FUNDING SOURCE Funding is available in: 334-2111-521-46.10. RECOMMENDATION The Police Department recommends approval. http://miweb001/Agendas/Bluesheet.aspx?1tem1D=2957&Meeting1D=230 1/15/2010 °~' L~r~ ~Y ~. ~±a ~ ~ra~nana, RIB 2# - t~~~ee: 8Ch€-~~~-5 - 3~csun: 7Ca36~ - ths€s~urk9r~up•re~ ~tk~'P"F~Aq '~i9C~tYi ~itf~i"4L~`ii iir~y L"~a~ P 3 ~r~.~i~nf~ '€ ~~~~7~ lfi~T'~9..1.~'t~t ~1Ei~9i$ c°ai~g i~2~rk~sreii~ 'T'he ~d; ['t~ ~ t ~'S1 ,.~d ~-7? f iy ac~€ ~~ii4~ 3031 ~ Bt~,tintxG ~aw~ 1~t ~learir [~urr~ ~'t`# 1 rr~b~r 11, 9 ~.~ €3 ~' IE~T`F -f~ ~ ~3a3.~~'il'i"-~ ; ~~ !7-(i~i-:I .~I°iE) "I£t,SCf ~ ~ t;c+ {zr~vicie tip #ollr€ri~ t~arni ropoi #or your cons€r~raficar°?. ~~ ~ ~~i~r 3AfS~~a ~1<{eking {,feti# ~e~ tto~a. brass €antty ~c~zdaxs 1' ,S~i-rk;=~ ~'~at.~ ~,rY At€tt~t~lu~ C~~~3sa~d[ssr~c ra3luzt~ ~hrs ttni iJafl~ 2# ~Ai~. tabor` ~eentas Retr~tsts~i of dir~et g dc~wri e:~rt _S~ ~ {'~3f'(=£'f i~i~ '~~i~. ji1tC~E,''!Pt . ~ t `9 ~ q~ ~'Uil}F"Lire GR F tip' ~gq ~#}r~~~~yy ~ 4~T1F.V ~e -q ~ 0-~ ~ k:l~ ~-'.:Yi P l ~V.V Mffr~ fig}.";eie.;';~:'r 53? tESUt~tc.;3Ytd/Dr~3C~IS~15 '~:~3 .~i~Y 3W;~~ti"asrt~ r€~tr rc eh~rge 1~Ci ~tartt 1 ~~r3~ ;- ~~ ilk?' tares only 7~a233.0 L~ ~riee ~1~°~7 Carpet ~q#ai Priea ?t~siv~ 'Tt~ $ 3..~0 ~.~ ~ 2.4b ~ ~ i_ ').~ i .~R~ ~ 1.131 ~ $'k9,~A.i36 ~ d~.51 iaa~€i3~~ora T"~t~i F;=e~"at ~tiwma ~aEes T~ac °~ ~R'~~ ~~?7`41, TphAS ~~ ~AY~R~T: (St+b}~:ct #4 CrPai' R~RSsrntz~at~ ~' A+i~ts~i~ ~raei ~r ~. [det ~Q E?t=}':s ?~i.°=r IriY~rL'~ ~r~dsal ~'ciee 41,x.9'1' 't at ~xfiar~Q€~tt ~r# 5 ,. ~ ~ 1,~28_€2E3 iai.tFrW..NW $ 2,7.Q~ ~ ,$ ~ ~ + ~} S ~ ¢# ~g'Y~~.w74T $ 7,3~~k_'1~ $ 9t,2.8~ ~ 826o~t3 ~aF,.rJs ~ w S e ---- -~ s- Primes Rivera are #€rrra fr~r () ~i,~~p~ from ~Zt°tapos~[ date. tease in ~r~aur asatan i~ ~i by rttura~ir your ~agrd .p~zr~a~e o~-r try eny r~t3entiEar~ via #a~c at 7D€3-.~-f~9~ r~aki you h~r~~ say q€~~sticns, T ~r~ i reaelted by p~ort~ tst ~Dt~- a-~f-~~ ~~t~ ~2 air you y ~€n rr at mit~~E .~:; ii~Fi ~c.~, ai~~rk€rad,rr€ dP~s°;•3i: fii739 NPC'3E'.~ tiii~~~e7t ~G.: 1Cat~y e~ 3~abert Lithe ~ Ttte Mohawk Group 749 {3r~etrt tfy Rand. aaRU 3RP3 m , fl~i~ ?7Ab8 4 tiil€ ft~tF; :S~taW~ ~ f~ai.[s,c~: ~t~•4~~~~3fa~ - €na~?s~~s.ti~t ~UST'n?~E~R dN~'£~L1,~~7f}N ~~i~C~ C3ecernber 1i, ~0~9 T11vrr~as ~AitChell Gregg ih~~Pfe trey ~eas~ ~~ie T[ae ~E~~9~ Tern ~~ '~~1 A$EBR~~.Att~ 1~2~ .~-. ~1 ffi~ ~~~ 6i~4Gfi 114~ft3E'ETtF~1:it)Ctb wrap ~~~cf~, FL ~ Pt~m4cfzk~ 4~~tk, Fl 33 ~~1r.,y ~taarEi Pfil~~~ 1-~~37~ i ~a ~~ C S -~ a~ st Atl~n ti c A~re tfl ~tta 9 C + y ~yy y; p e r w~e7Rb'eeFb~ep4f F p g ~ g ~ l p 3P~~~~~ 3d~.~~E FL .X~~'~~ 2a~[i ~41?c~c QutaB~ # ~Tf2 e sre ~t~sed bo- ~ira~ iFz~ ~It~ 9nkey prapriH far fur ra~nsid~r~n_ ~t ~ty~ ~ol~' YVI Sacng 13~ Uv~l R~r~c~ ~rtd~d ;~ AA~nfei~ire TC~ 92' Artlc~reb~~ 55J.~3 ~~ $17.~i $ 9,8~9.F~i I~tY~sit~lair~ T TB~r ~~ x ~~ ~,3r~stltaa ~ 92.g ~~ ~_~4i $ a.7 F:1,2~ ~,+} ey ~~z~a$ T :: >.::.,~u.::.~ ~~~nx t.1~ e~~'Iit9 t~rt`r#~ Ube i"h°iG~ Exk~€iz4~ci Prue rtat#~ Ptitxra7 etc 1~ AFL ~ ~ f'r~at~ ~itive 3 1°'P.[L ~ ~ Jtt~3u~ `CAI Labor 5~~~ ~e€at rxf €iir gCsred d~w ~ n ff ~ ~~. C J ~ 1~ t ~ ~ ~-~ . ~ ~ ,. ~ 05 , ~ ff 55~~ ~ e_~i~('riot ~ ~ ~~ ~~#+~Y'Hsr~ ~ y f s it.3J ~ c ~?~ ( ~~ : ~ [ gj ~' ~ nSellP p W a ~~ {{ ryry pp LasE~G-SF~ ~, UY~ItUfB ~ ~[ &~ 65~.C1 .~~` ~ 2,~~ ~ ~.7six3fl ~'!'~di;#~5~~~ 1~S,~P ~.F ~ ~ 9.3t~ ~ 'I:~~~.~t~. 4rIS[ E1 ~t"1 PM€~$~$dP$t$~ ~h°ir.~[#f~ ~~~.~ ~'~ ~,_t: aw '~~'~~$ ~i~~.~~ 1[fl ~ S elf ~ ~I~l~ klG~ ~f~~~' 9f~ '96,+.{1 ~F ~ ~ t~.~1 ~ ~ge15 ~RraFs~urta tf~ 3.t3 ( ~ 5a.'[4 ~ i~1,~~ fnst~lt~ti~t~ `T! ~ ~reigt~t ~ titttated ~~€~~ Tax ~ 5 ~RJfNY~ T'C?~`A~ T~~ ~~ ~~~~~: ~sc~~~~~ ~~ ~fi_ r~.~_~arava9~ lviat~s~ls i~rad La~asit -~ 9d~# ~~ ~ajs ~`tr li~~oi :a~ ~r~ ~ ~~ dam) ~ ~ ~ ~~~i ~~. F'9~as~ '€,itic~ie:- ~dur ap9arse~ u~ tlid& pt~p~se1 by retur€~ir~g yc~r signed p3,?-~t;;-~~ steer t~ r~ar~ n#~~~ ~c at ~~15-A~~~.~+~ ~hcuizs you 3ia srry quesdi~rrs~ 1 n 3 r~~e~9 L~~ ~ha;~ ~1 88~~-5~3~t~~ ~x&. 35~ car X~? ~y E-mad .fit rzsicx? ~r?kmc?h~?xkirsc9: pity, iie ba tr5s[adlatPfar~ tvi ~racst-d~n~~r ~~: 16,~ihy ti9~r'i 123~ert little X12 ~eg~ ~ ~t ~ The ~a~ ~r±p Page 1 of 1 MEMORANDUM TO: Mayor and City Commissioners FROM: R. Brian Shutt, City Attorney DATE: January 12, 2010 SUBJECT: AGENDA ITEM 9.A. -REGULAR COMMISSION MEETING OF JANUARY 19 2010 AMENDMENT NO.3 TO AGREEMENT WITH COASTAL COMMERCIAL GROUP, LLC ITEM BEFORE COMMISSION The attached is an amendment between the City and Coastal Commercial Group, LLC which provides far an extension of the Agreement to June 1, 2015 as well as a minimal reimbursement fee to Coastal, on an annual basis, during the term of this Agreement. BACKGROUND The City entered into an Agreement with Coastal Commercial Group, LLC on October 1, 2008, to provide consultant services to secure a buyer for the Old School Square retail space located on the first floor of the Old School Square parking garage. The Commission previously approved an amendment to extend the Agreement until September 30, 2014. Staff is requesting that the Agreement be extended until June 1, 2015 at this time, based on the fact that the Commission at its January 5, 2010 meeting approved a lease agreement with the CRA for the retail space that will not expire until February 1, 2015. The amendment also provides that the City shall compensate Coastal in an amount, not to exceed $2500.00 annually, for expenses incurred as it relates to marketing of the OSS retail space for sale. RECOMMENDATION Staff recomnnends approval. http://miweb001/AgendasBluesheet.aspx?ItemID=2949&MeetinglD=230 1/15/2010 AMENDMENT N0.3 TO THE CONSULTING AGREEMENT BETWEEN THE CITY OF DELRAY BEACH AND COASTAL COMMERCIAL GROUP, LLC THIS AMENDMENT NO, 3 entered into this day of 20_, by and between the CITY OF DELRAY BEACH, a Florida municipal corporation, (hereinafter referred to as City} and COASTAL COMMERCIAL GROUP, LLC (hereinafter referred to as Consultant}, provides as follows: WHEREAS, the parties entered into an Agreement dated October 1, 2008 to provide for professional services in order to secure a buyer for the Old School Square Retail Space; and WHEREAS, this Agreement will terminate on September 30, 2014 and the parties wish to now provide that this Agreement shall remain in effect until June 1, 2015; and WHEREAS, the parties also wish to provide that the City shall compensate the Consultant, per year, up to a certain dollar amount during the term of this Agreement for expenses incurred by Consultant. NOW, THEREFORE, in consideration of the mutual covenants contained herein, the parties hereto agree as follows: 1. Recitals: The recitals set forth above are hereby incorporated as if fully set forth herein. 2. Modification: The Agreement is hereby amended, to provide that the current termination date shall be extended to June 1, 2015. The Agreement is further amended to provide that the City shall compensate the Consultant, in an amount not to exceed $2500.00 per year, with the first year beginning with the approval of this Agreement, for expenses incurred by Consultant as it relates to the marketing of the Old School Square garage retail space for sale. 3. Governing Laws; Venue. This Agreement shall be governed by and in accordance with the Laws of Florida. The venue for any action arising from this Agreement shall be in Palm Beach County, Florida. 4. Entire Agreement. Except as modifed by this amendment, the original agreement, and amendments, shat[ remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed this day of , 209 0. ATTEST: CITY OF DELRAY BEACH, FLORIDA gy: City Clerk Nelson S. McDuffie, Mayor Approved as to form: City Attorney WITNESSES: COASTAL COMMERCIAL GROUP, LLC ey: Print Name Print Name State of Florida County of Palm Beach The foregoing instrument was acknowledged before me this day of 2010, by as {name of officer or agent, title of officer or agent), of (name of corporation acknowledging), a (state or place of incorporation) corporation, an behalf of the corporation. He1She is personally known to me or has produced (type of identification} as identification_ Notary Public 2 Page 1 of 1 FROM: Linda Karch, Director of Parks and Recreation THROUGH: David Harden, City Manager DATE: January 13, 2010 SUBJECT: AGENDA ITEM 9.B. -REGULAR COMMISSION MEETING OF JANUARY 19, 2010 REJECTION OF ALL BIDSlLANDSCAPE MAINTENANCE PROJECT ITEM BEFORE COMMISSION Approve a request to reject all bids and re-bid Bid # 2010-16 -Landscape Maintenance for I-95 Interchanges at Atlantic Avenue and Linton Blvd., plus the 10th Street overpass. BACKGROUND Commission approval is requested to reject all the bids and re-bid because of the inconsistency of the bid prices. We want to tighten up the bid to make sure that everyone is aware of the scope of the project and that the bidders have the appropriate experience to take on this project. We also plan to add the Gateway Parks to this bid. As bid, this included three areas of concern; Atlantic Ave., Linton Blvd., and SW 10~' Overpass. Maintenance for these areas include the following: mowing/edging litter control 44 times per year, weed control, shrub/hedge pruning, palm pruning, weed and feed, shrub & shade tree fertilization, herbicide, and mulching. Nineteen {19} vendors submitted bids ranging from $20,370.00 to $125,448.00. RECOMMENDATION Parks and Recreation Department recommends to reject all bids and re-bid Bid #2010-16. http a/miweb00l /AgendasBluesheet.aspx?1temID=295 8&MeetingID=230 1 /15/20I 0 r~w ~. .~ ~"" 10 s LU ~ ~ ~ ~ to ~ rp~~t ~- «~ a ~ ~ O~~O m ~ 1•"• E" ~ ~.s ~ ~_ ,s AW W a c~ c~ '~ oB ~„~~ aQ ac a°ca °°• g~`'• Qr°a ~o as °ac ~°c. o ='a c, o ~ i~V ~^ ap O ~ , ~F,~ 4~ O ~ , aO OO Q C3G aC1 , [] C~ ° p O N y '~ ~ ~~ ~~ ~ H9?4V ~~ ~ ~ ~ ~~ ' tLjt p (vim f ~ «~ W ifl M a > tF} f~ o~ ~ ~ ~ ~ ~ by F~ ~, ~ t ti3 (~ 69' ~? } 6 ! 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N ~° o a a°a c c~ [ ,~ ~~ v ~ c7 ~° a o0 ~ 1~-' to~ o csa ~ a ~ ca ~ oa r O ca m a ~ a mQ o N ~ m . . ~ . 4» M ~ , ~! t~ r» ~ H3 c~ to ~, t~ cf3 ~ ~ 6ia ~ ~ ~ ~ ~ ~ ~ ~ N Cl z ~ ~ ~ ~ ~ a ~" ~ ~ ~. ~ ~ ~ ~ ~' ro ~ ~ ~ p ~ ~ ~ a ~ a z ~ °' ~" ~ ° w a ~ t~ ~ ~ ~ ~ m ~ ~ - "' ~ ~. ~ ~ ~ ~ a ~ ~ `~ ~ J E!J 7 ~ ~ z Q ~ ~ .g ~ ~ R _ - p n ~. ~: .e ` , c i1i ~ US ~ F7 U N ~ CQ ~ . ~ {fY s d` ~ .e( ~ O C -d m Q- ~ [j ~~~. ui c,1 Q ~ 4 ~ m S ' ~ ~ a C7 t~ ot N ~ ^ s ~ ~ _ ~ ~ d ~ ~ ~ Q ~ Q ~ ~' p ~ ~ ~ ~ Jl,~ ~ ~ . ~ ~ ~ ~ ~ lil I~ 171 ~ !3. ~ C1. ~- ~( LL. UJ d ~ v ul ~ ~ ~ ai Q ran ¢ a ° ~ N c~S ~r ui co N T ~_ w Page 1 of 1 MEMORANDUM TO: Mayor and City Commissioners FROM: Scott Aronson, Parking Managezx~ent Specialist Richard C. Hasko, PE, Director of Environmental Services THROUGH: David T. Harden, City Manager DATE: January 13, 2010 SUBJECT: AGENDA ITEM 9.C. -REGULAR COMMISSION MEETING OF .IANUARY 19, 2010 RE VEST FOR PROPOSAL/ADVERTISE FOR TROLLEY STYLE VEHICLES ITEM BEFORE COMMISSION The item before the City Commission is to give staff direction on whether to proceed to advertise a Request For Proposals (RFP) for trolley style vehicles to operate the Downtown Roundabout. BACKGROUND For some time now the shuttle buses have been a point of contention, given that the wrap covering the windows impairs visibility into the buses. Additionally, it has been suggested that a trolley style vehicle would be more fitting with the "Village by the Sea" image of Delray Beach. Staff has been researching various options including piggybacking existing contracts by other municipalities. Nat finding any reasonably priced contracts available, staff would like io advertise a RFP specifying the use of Trolley style vehicles. Considering today's economic challenges staff feels the pricing for this service may now be less prohibitive than when the original contract was ratified. In an attempt to expedite the process, staff is requesting approval to proceed while the RFP is being completed. The original RFP will be used with minor changes made to specify the type of vehicle and amend the 3-year maximum vehicle age requirement. RECOMMENDATION By motion, direct staff to advertise a RFP specifying the use of trolley style vehicles to operate the Downtown Roundabout. httpa/miweb001/Agendas/Bluesheet.aspx?ItemID-2955&MeetinglD=230 1/15/2010 Page 1 of 1 MEMORANDUM TO: Mayor and City Commissioners 1~ROM: David T. Harden, City Manager DATE: January 12, 2010 SUBJECT: AGENDA ITEM 9.D. -REGULAR COMMISSION MEETING OF JANUARY 19 2010 APPOINTMENT TO THE CODE ENFORCEMENT BOARD ITEM BEFORE COMMISSION This item is before the City Commission for an appointment to the Code Enforcement Board. BACKGROUND Regular member, Mr. Mark Behar, verbally resigned from the Code Enforcement Board on November 10, 2009. This creates a vacancy for one (1) regular member to serve an unexpired term ending January 14, 2012. Ms. Shannon Dawson is an alternate member and would like to be considered for regular membership. An appointment is needed for one (1) regular member to serve an unexpired term ending January 14, 2012. All members of the Code Enforcement Board must be residents of the City. Appointments to both regular and alternate member positions shall be on the basis of experience or interest in the fields of zoning and building control. The regular and alternate membership of the Board shall, whenever pOSSib1e, include an architect, a business person, an engineer, a general contractor, a subcontractor and a realtor. The following individuals have submitted applications and would like to be considered for appointment: (See Exhibit "A" attached) A check for code violations and/or municipal liens was conducted. None were found. Voter registration verification was completed and all are registered. Based on the rotation system, the appointment will be made by Commissioner Gray (Seat #4) for one (1) regular member to serve an unexpired term ending January 14, 2012. RECOMMENDATION Recommend appointment of one (1) regular member to serve on the Code Enforcement Board for an unexpired term ending January 14, 2012. http://miweb001/AgendasBluesheet.aspx?Itern1D=2950&Meeting1D=230 1/15/2010 ,I/1D CODE ENFORCEMENT BOARD TERMEXPIRES REGULAR MEMBERS OCCUPATTON POSITION FILLING 01 /14/2013 George Thacker Accounts Laypelson Llnexp Apple D3/2D/07 alt ~~~ Unexp Reg06/D3/08 ReapptDl/05/10 01 /14 /2013 Stanley Brodka Financial Services Layperson tmexp Apps 09/05/06 Reappt D1/02/07 Reg R 01/05/10 Ol /14/2011 Kelli Freeman Staffing Manager Business Appt OT/03/x8 re$ Person Uatexp Appt 10/2/07 alt 01/14/2013 GeraldFranciosa Accounting/Law Layperson r~~p Appt a4/a7/o9 alt Enforcement Appt Dl/D5/10 reg 01/14/2012 Robert Marks Constnactiorl General. Uriexp AR Appt D1/D7/a3 Conixactox Uriexp Reg Appt D4/15/03 ReapprDZ/a7/a6 a1/a6/D~ 01 /14/2012 Albert Richwagen Business Owner Layperson Unexp Appt 06/17/08 alt Appt D1 /za/Dg reg 01/14/2012 Vacar-t ALTERNATES 01/14/2013 David Boone Attorney/Educator Layperson Apptal/05/10 41 /14/2013 Shannon Dawson Real Estate Real Estate UnexpAppt a6/17/Ds ReapptDl/05/10 Contact: Danise Qeckley 243-7213 S/CityQerk/Board 1D/Code Enforceu~~t Board CODE ENFORCEMENT BOARD EXHIBIT "A" Name Shannon Dawson Pearl Markfield Elrod Mel Pollack Stanley Scharf Harvey Starin Stephanie Sugar Background Real Estate Incumlaen# Realtor Retired - Business Development/Operations (currently serving on the Board of Adjustment) Education Real Estate Broker Fundraising Page 1 of 1 MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden., City Manager DATE: January 7, 2010 SUBJECT: AGENDA ITEM 10.A. -REGULAR COMMISSION MEETING OF JANUARY 19, 2010 ORDINANCE N0.0~4-10 ITEM BEFORE COMMISSION The City received a letter dated January 6, 2010 from Jason MankofF of Michael Weiner & Associates requesting that secozad reading of this ordinance be tabled to the February 2, 2010 City Commission meeting. httpa/miweb001/AgendasBluesheet.aspx?ItemID=2930&MeetingID=230 1/15/2010 MICHAEL WEINER & ASSOCIATES, P.A. • ATTORNEYS AT lAW 10 S.E. 1~ Avenue, Suite C Delray Beach; Florida 33444 Telephone:. (661) 265-2866 Telecopier: (561) 27'2-6831 ' E-mail: ;~,mankoffCd).zonelaw.com MECHAEL S. WEINER JASON S. MANKOFF KERRY D. SAFIER January 6, 2010 Mr. Paul Darling Director of Planning and:Zoning City of Delray Beach. 190 NW 1St Avenue Delray Beach, Florida 33444 Ms. Chevelle Nubin City Cleric . City of Delray Beach 100 NW 15t Avenue Delray Beach, Florida 33444 Re: Midtown Delray Medical Building Our File Na.: CASD004 Dear Paul, Brian and Chevelle: Via band Delive Brian Shutt, Esquire City attorney City of Delray Beach 200 NW 1~ Avenue Delray Beach, Florida 33444 ~~~~~~ ~d~Y ~L~~ On behalf of my client, l am respectfully requesting that the above referenced matter be tabled from both the SPRAB meeting of January 13, 2010 to the January 27, 2010 SPRAB meeting and that the Second Reading of the Modification of the Blood's Grove SAD be tabled from the January 19, 2010. City Commission meeting to the February 2, 2010 City Commission meeting. if it is necessary for the purpose of fulfilling notice requirements that these matters stay on the SPRAB agenda of January 13, 2010 and the City Commission Agenda of January 19, 2010, please place them on those respective agendas and we will attend these meetings to request a tabling to the dates certain requested above. Please be sure fo do whatever the Gity must do in order to fulf€It the notice requirements. if additional mailing Labels are needed, please let me know and they will be provided to Ms. Jasmin Allen immediately. Of course, our client will pay for the cost of any additional notices.that.may be required as a result of such tablings. O:1cASp0441Letter to lZnrEing_Shutt.Nubin re tab(ing.Jan 6 24D8.doc January S, 2010 Page 2 0# 2 Thank you very much for your assistance in this matter. Very truly yours, Jason S. Manlcoff . JSM;ek cc: Ms. Jasmin Allen ,(via hand delivery} Mr. David Cash Michael S. Weiner, Esquire Ms. Ashlee Vargo O:ICASDDtl4lLetter to Dorling.Shut#.TYu6in re tabling..lan 6 2QQ9.doc Page 1 of 1 MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: January 7, 2010 SUBJECT: AGENDA ITEM 10.B. -REGULAR COMMISSION MEETING OF JANUARY 19 2010 ORDINANCE N0.03-10 ITEM BEFORE COMMISSION This ordinance is before Coxnnaission for second reading to consider aprivately-initiated rezoning from CF (Community Facilities) to RM (Medium Density Residential) fora 0.387 acre parcel of land known as the Bordman Property, located on the west side of Oceanview Avenue, south of Gulfstream Boulevard. BACKGROUND At the first reading on January 5, 2010, the Commission passed Ordinance No. 03-10. RECOMMENDATION Recommend approval of Ordinance No. 03-10 on second and final reading. httpalmiweb001/AgendasBluesheet.aspx`?IternID=292$&MeetingID=230 1/15/2010 ORDINANCE N0.03-10 AN ORDINANCE OF THE QTY COMIVI<SSION OF THE QTY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING I..AND PRESENTLY ZONED COMMUNITY FACILITIES (CF) DISTRICT TO MEDIUM DENSITY RESIDENTIAL (RM) DISTRICT; SAID LAND BEING A PARCEL LOCATED ON THE WEST SIDE OF OCEANVIEW AVENUE, 125 FEET SOUTH OF GULFSTREAM BOULEVARD, AS MORE PARTICULARLY DESCRIBED HEREIN; AMENDING "ZONING MAP OF DELRAY BEACH; FLORIDA, OCTOBER 2009"; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the properly hereinafter described is shown on the Zoning District Map of the City of Delray Beach, Florida, dated October 2009, as being zoned Comnztznity Facilities {CF) District; and WHEREAS, at its meeting of December 21, 2009, the Planning and Zoning Board for the City of Delray Beach, as Local Plaru~ing Agency, considez~d this item at a public hearing and voted 6 to 0 to recommend that the properlyhereiuiafter describedbe rezanecl, basedupon positive findings; and WHEREAS, pursuant to Florida Statutes 163.3174(4)(c), the Planning and Zoning Board, sitting as the Local Planning Agency, has detexrruned that the cl~arcges are cor~istent with and further the objectives and policies of the Comprehensive Plary and WHEREAS, the City Commission of the City of Delray Beach adopt the findings in the Planning and Zoning Staff Report; and WHEREAS, the City Cornxnission of the City of Delray Beach finds the ordinance is cox~sistent with the Co~ive Plan; and W[~REAS, it is appropriate that the Zoning District Map of the City of Delray Beach Florida, be an~nded to reflect the revised zoning classification. NOW, THEREFORE, BE IT ORDAINED BY THE QTY COMMISSION OF THE QTY OF DELRAY BEACI~. 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, Florid be, and the same is hereby an~nded to reflect a zoning classification of Medium Density Residential. {RM) District for the following described property. Lofts 2 and 3 and the North 35 feet of Lot 4, Block 1, Gulfstrearn Estates, according the Plat, thereof, as recorded in Plat Book 12, Page 28 of the Public Records of Palm Beach County, Florida. Section 3. That the Planning and Zoning Director of the said City shall, upon the effective date of this ordinance, an-~nd the Zoning Map of the City of Delray Beady Florida, to conform with the provisions of Section 2 hereof. Section 4. That all ordnailces or parts of ordinarECes in conflict herewith be, and the sane 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 rerr~ainder hereof as a whole or part thereof other than the part declared to be invalid Section fi. That this ordinance shall. become effective immediately upon passage on second and final reading. PASSED AND ADOPTED in regular session on second and final. x~eadix~g on this the day of , 200._._. ATTEST City Cterk First Reading Second Reading MAYOR 2 ORD N0.03-10 Page 1 of 1 MEMORANDUM TO: Mayor and City Commissioners FROM: CANDI .IEFFERSON, SENIOR PLANNER PAiIL DORLING, AICP, DIRECTOR PLANNING AND ZONING THROUGH: CITY MANAGER DATE: December 18, 2009 SU$JECT: AGENDA ITEM 12.A. -REGULAR COMMISSION MEETING OF .IANIJARY 5, 2014 ORDINAIlTCE NO. 43-14 ITEM BEFORE COMMISSION The action requested of the City Commission is consideration of aprivately-initiated rezoning from CF (Community Facilities} to RM (Medium Density Residential) fora 0.387 acre parcel of land known as the Bordman Property, located on the west side of Oceanview Avenue, south of Gulfstream Boulevard. BACKGROiJND This vacant land was originally intended for civic use by the adjacent property to the west, Seacrest Presbyterian Church. Recently it has been utilized for recreational purposes by the church, such as volleyball and other outdoor activities. The property has been sold and the new owner and applicant has submitted a request to change the zoning to RM (Multiple Family Residential) to construct two (2) single family homes. The construction of two (2) new single family residences should serve to stabilize the area and act as a genesis for future neighborhood investment. While plans for the proposed development have not been provided, the construction of (2} single family residences will meet density requirements per the LDRs. The proposed RM zoning district allows 6-12 units per acre. For the 0.3874 site, 2.32 units falls within the density allowance for the site. Likewise, the requested RM zoning is of similar intensity as allowed under the FLUM and is deemed more appropriate for the property based on the existing surrounding uses and the overall character of the neighborhood. REVIEW BY OTHERS The Planning and Zoning Board considered the rezoning request for Bordman Property at their December 21, 2009 and recommended approval to the City Commission on a 6-0 vote. RECOMMENDATION Move approval of the privately-initiated rezoning from CF to RM for the subject property, 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. http://miweb001/AgendasBluesheet.aspx?ItemID=2845&Meeting1D=228 1/7/2010 GULF STREAM BOULEVARD SEACREST 8L VD. ~ ~ o CONTINUING ~ Q PRESBYTERIAN ~ Q w CHURCH &~ GULF STREAM DRIV ~ CNR1STlAN ^' m 0 SCHOOL m a ca 0 SE CRE T ANE ~, I- w ENNlS ~ OUR TS U ~ Q AQUACREST w ~ cn POOL R~s ~L ~'G ~G S~ SG ~ G~ N AC CF FOOTBALL FIELD N.E. 22ND LANE A Ne R- 0 0 ~~ a~ z~ z~ a ~ d v Q 22ND ~ ``' STR. N.E. -- p1C/7A1. 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'~ 4 -~- : ~ ~ - 1 r~ y ~ 'v ~ ~ L ~ Q. ~ ~. f - - ~. ~ _ ~ ~ ~ N - ~ ~ ~ ~ ~_ g ~ ~S ~ ~ ..~ z° J T ~~ ^~ U / 7- ~~ ~tia0 ~ ,~ Z~. ITEM BEFORE THE :BOARD `~~ The action before the Board is making a recommendation to the City Commission on a privately-initiated rezoning from CF (Community Facility} to RM {Medium Density Residential) the Bordman property. The subject property is undeveloped and is located on the west side of Oceanview Avenue, south of Gulfstream Boulevard and includes 0.3874 acres. BACKGROUND The subject property consists of Lat 2, Lot 3 and the north 35 feet of Lat 4, Block 1 of Gulfstream Estates according to Plat Book 12, Page 28, recorded in the public records Paim Beach County, Florida. This vacant land was originally intended for civic use by the adjacent property to the west, Seacrest Presbyterian Church. Recently it has been utilized for recreational purposes by the church, such as volleyball and other outdoor activities. The current use is no longer needed and the church has sold the property. The applicant has submitted a request to change the zoning to RM (Multiple Family Residential} to construct two (2) single family homes. REQUIR~o FINn~N~s REQUIRED FINDINGS: LDR (Chapter 31 PERFORMANCE STANDARDS: Pursuant to Section 3,1.1 (Required Findings), prior to approval of Land Use 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, written materials submitted by the applicant, 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 Pian 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 has a Future Land Use Map designation of MD (Medium Density Residential} and is currently zoned CF (Community Facilities) which are consistent. The proposed RM (Multiple Family Residential) is also consistent with the underlying MD Future Land Use Map designation. Based upon the above, positive findings can be made with respect to Future Land Use Map Consistency. CONCURRENCY: Facilities which are provided by, or through, the City shall be provided to new development concurrent with issuance of a Certificate of Occupancy. These facilities shall be provided pursuant to levels of service established within the Comprehensive Plan. Water and Sewer: Water is available via an 8" water main within the Oceanview Avenue right- of-way parallel to the east side of the road. Sewer is available via an 8" sewer main within the Ocean View Avenue right-of--way parallel to the center fine of the road. 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 P & Z Board Staff Report -December 21, 2009 Bordman Property -Rezoning from CF (Community Facility) to RM (Multiple Family Residential) Page 2 build-out. Based upon the above, positive findings can be made with respect to this level of service standard. Drainage: With rezoning requests drainage plans are not required. There are no problems anticipated in retaining drainage on site and obtaining any necessary permits. Traffic: A traffic study indicating the AM and PM peak hour trips that would be generated by the proposed development has not been provided. The rezoning of the 0.3874 acre property will allow two (2) single family residences. This would result in 20 ADT (Average Daily Trips} which would not negatively impact the surrounding neighborhood. Parks and Recreation: Pursuant to LDR Section 5.3.2, a park impact fee of $500.00 per dwelling unit will be collected prior to issuance of a building permit for each unit for parks and recreation purposes. For two (2) residences, the applicant shall pay 1,000 prior to permitting. Solid Waste: Based upon the Solid Waste Authority's typical waste generation rates, the rezoning would accommodate 2 residential units, which will generate 3.98 tons of waste annually (2 x 1.99 tons}, The Solid Waste Authority has indicated that its facilities have sufficient capacity to handle all development proposals until the year 2065. Schools; The Palm Beach County School District has provided a letter approving the development for compliance with the adopted Level of Service for School Concurrency. CONSISTENCY: Compliance with the performance standards set forth in Section 3.2.2 (Standards for Rezoning Actions) along with required findings in Section 2.4.5(D)(5) (Rezoning Findings) 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 the making of a finding of overall consistency. COMPREHENSIVE PLAN POLICIES: A review of the objectives and policies of the adopted Comprehensive Plan was conducted and the following applicable objective is noted. Future Land Use Element Obiective A-1: Property shall be developed or redeveloped in a manner so that the future use and infensify is appropriate in terms of soil, fopographic and other applicable physical considerations; is complimentary fo adjacent land uses; and fulfills remaining land use needs. There are no significant environmental characteristics to the subject property. The future redevelopment of the property based upon the proposed RM zoning will be complimentary to the adjacent land uses, which consist of single and multiple-family residential uses, as well as community facilities associated with Seacrest Presbyterian Church. The rezoning will enable the fulfillment of remaining land use needs. Based upon the above, a positive finding can be made with respect to Future Land Use Element Objective A-1, that the future redevelopment of the subject property will be complimentary to adjacent land uses. Housin Element Palic A-1.2.3: In evaluating proposals for new development or redevelopment, the City shall consider fhe effect fhat the proposal will have an 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 negativety impact P & Z Board Staff Report- December 21, 2009 Bordman Property -Rezoning firom CF (Community Facility} to RM (Multiple Family Residential} Page 3 the safety, habitability and stability of residential areas. If it is determined that a proposed development will result in a degradation of any neighborhood, the project shall be modified accordingly or denied. The RM zoning is consistent with the zoning of the adjacent residential properties. The construction of two (2) new single family residences should serve to stabilize the area and act as a genesis for future neighborhood investment. Based upon the above, a positive finding can be made with respect to Housing Element Policy A-12.3, that the rezoning will not have a negative impact on the surrounding area with regard to noise, odors, dust, traffic volumes, and circulation patterns. COMPLIANCE WITH THE LDRs: Development under the requested designation will cortrply with the provisions and requirements of the I-and Development Regulations. While plans for the proposed development have not been provided, the construction of (2) single family residences will meet density requirements per the LDRs. The proposed RM zoning district allows 6-12 units per acre. For the 0.3874 site, a density of 2.32 units falls within the density allowance for the site. Given the above, a positive finding with respect to compliance with the Land Development Regulations can be made. COMPATIBILITY: The requested designation will be compatible with the existing and #u#ure land uses of the surrounding area. As demonstrated in the following "Rezoning Analysis" section, the proposed rezoning from CF to RM will be compatible with the existing and future land uses of the surrounding area. REZONING ANAE.Y51S - - LDR Section 3.2.2: Standards A, B, C and E are not applicable. The applicable performance standard of LDR Section 3.2.2 is as follows; (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 following zoning designations and uses border the property: Zoning Desic„~nation: North: CF (Community Facility) South: RM (Multiple Family Residential) East: R-1-AA (Single Family Residential] West. CF (Community Facility} Use: Church Recreational Facility Single Family Residence Single Family Residence Church P & Z Board Staff Report -December 21, 2009 Bordman Property -Rezoning from CF (Community Facility) to RM (Multiple Family Residential) Page 4 The proposal will rezone the 0.3874 acre subject property from CF to RM. There are no compatibility concerns with the adjacent properties. The CF zoned property to the west contains the Seacrest Presbyterian Church and is separated by a large landscaped area directly abutting the western parcel line of the subject property. The R-1-AA zoned property to the east is separated by the Oceanview Avenue right-of--way. The CF zoned property to the north is also associated with Seacrest Presbyterian Church and contains a swimming pool and offices for recreational and commercial uses. The RM zoned property to the south is most compatible with the proposed use because it is similarly zoned and also contains a single family residence. Based upon the above, a positive finding can be made with regard to LDR Section 3.2.2{D), that the proposed rezoning will not result in adjacent incompatible land uses. Section 2.4.5(Dlf5] (Rezonina Findlnas): Pursuant to Sec#ion 2.4.5(D}(5}, in addition to the provisions of Section 3.1.7, the City Commission must make a finding that the rezoning ful#ills one of the reasons for which tl~e 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 se ap an tat it is mare ap r ' opriate for the property based upon circumstances particular to the site andlor neighborhood. The applicant has indicated reasons "b" and "c" above as the basis for the proposed rezoning from CF to RM, There has been a change in circumstances due to the fact the church no longer has a need far a recreational facility or community facility at that location. Thus, the current CF zoning is deemed inappropriate for the proposed single family residential use. Likewise, the requested RM zoning is of similar intensity as allowed under the FLUM and is deemed more appropriate for the property based on the existing surrounding uses and the overall character of the neighborhood. REUI FIN ,BY OTHERS Community Redevelar~ment Apency (CRA}: The CRA recommended approval of the proposed rezoning from CF to RM at their meeting of December 10, 2009. Public Nofice: Formal public notice has been provided to property owners within a 500' radius of the subject property. Letters of objection andlor support, if any, will be presented at the Planning and Zoning Board meeting. P & Z Board Staff Report -December 21, 2009 Bondman Property -Rezoning from CF (Community Facility} to RM (Multiple Family Residential) Page 5 ASSESSMENT AND CONCLUSION ' The proposed rezoning from CF to RM zoning is consistent with the zoning of the adjacent residential properties. The construction of two (2) new single family residences should serve to stabilize the area and act as a genesis for future neighborhood investment. While a plans for the proposed development have not been provided, the construction of (2} single family residences will meet density requirements per the LDRs. The proposed RM zoning district allows 6-12 units per acre. For the 0.3874 site, a density of 2.32 units falls within the density allowance for the site. This vacant land was originally intended for civic use by the adjacent praperty to the west, Seacrest Presbyterian Church. Recently it has been utilized for recreational purposes by the church, such as volleyball and other outdoor activities. Given the change in ownership, the requested RM zoning is deemed more appropriate far the property based on the existing surrounding uses and the overall character of the neighborhood. Based upon these circumstances, the rezoning from CF to RM is supporkable. RECC?M111fENl~ED ACT10N5 ~ A. Continue with direction. B. Move a recommendation of approval to the City Commission for the privately-initiated rezoning from CF to RM for the subject property, by adopting the findings of fact and law contained in the staff report, and finding that the request is consistent with the Comprehensive Pian 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 CF to RM far the subject property, 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. STAFF RECUMMEN[3ATION Move arecommendation of approval to the City Commission for the privately-initiated rezoning from CF to RM for the subject property, 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. Attachments: ^ Boundary Survey ^ Zoning District Map Page 1 of 1 MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: January 7, 2010 SUBJECT: AGENDA ITEM 10.C. -REGULAR COMMISSION MEETING OF JANUARY 19, 2010 ORDINANCE NO.O1-10 (SECOND READING/SECOND PUBLIC HEARING) ITEM BEFORE COMMISSION This ordinance is before Commission for second reading and public hearing to consider acity-initiated amendment to the Land Development Regulations (LDR) pertaining to Assisted Living Facilities and Continuing Care Facilities. BACKGROiTND At the first reading on January 5, 2010, the Commission passed Ordinance No. 01-10. RECOMMENDATION Recommend approval of Ordinance No. 01-10 on second and final reading. httpa/miweb001/AgendasBluesheet.aspx?ItemID=2933&MeetingID=230 1/15/2010 ORDINANCE N0.01-10 AN ORDINANCE OF THE QTY COMMISSION OF THE QTY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE QTY OF DELRAY BEACH, BY AMENDING SECTIONS 4.4.1, "AGRICULTURE (A) ZONE DISTRICT, SUBSECTION (B}"; 4.4.2, "RURAL RESIDENTIAL. (RR) ZONE DISTRICT", SUBSECTION (B); 4.4.3, "SINGLE FAIVI[LY RESIDENTIAL (R 1) DISTRICTS", SUBSECTION (B); 4.4.5, "LOW DENSITY RESIDENTIAL (RL) DISTRICT", SUBSECTION (B}; 4.4.7, `PLANNED RESIDENTIAL DEVELOPMENT (PRD) DISTRICT", SUBSECTION (B}; 4.4.13, "CENTRAL BUSINESS (CBD) DISTRICT", SUBSECTION (B); 4.4.17, "RESIDENTIAL OFFICE (RO) DISTRICT", SUBSECTION (B); 4.4.21, "COMMUNITY FACILITIES (CF) DISTRICT", SUBSECTION (B); 4.4.24, "OLD SCHOOL SQUARE HISTORIC ARTS DISTRICT (OSSHAD)", SUBSECTION (B), IN ORDER TO CLARIFY THE ZONING DISTRICTS IN WHICH ASSISTED LIVING FACILITIES ARE ALLOWED AS PERMITTED USES; AMENDING SECTION 4.6.9 "OFF-STREET PARKING REGULATIONS", SUBSECTION (C), TO CLARIFY THE PARKING REQUIREMENTS FOR ASSISTED LIVING FACILITIES, AND AMENDING APPENDIX "A", "DEFINITTIONS", TO PROVIDE UPDATED DEFINITIONS FOR ASSISTED LIVING FACILITY AND CONTINUING CARE FACILITY"; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning Board reviewed the proposed text amendment at a public hearing held on November 16, 2009 and voted 7 to 0 to recommend that the d~anges be approved; and WHEREAS, pursuant to Florida Statute 163.3174(4)(c), the Planning and Zoning Board, sicking as the Local Planx.g Agency, has determined That the change is consistent with and furthers the goals, objectives and policies of khe Cozxrprehensive Plary and WHEREAS, the City Comm,_.ss;on of the City of Delray Beach adopts the findings in the Planning and Zoning Staff Report; and WHEREAS, the Cify Commis.5~i.an of the City of Delray Beach finds the ordinance is consistent with the Cornprehet~sive Plan. NOW, THEREFORE, BE IT ORDAINED BY THE QTY COMMISSION OF THE QTY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the recitations set forth above axe incorporated herein.. Section 2. That Section 4.4.1, "Agriculture Zone District (A)", of the Land Development Regulations of the Cocle of Ordinances of the City of Delray Beach, Florida, be and the same is hereby ar~nded to read as follows: (B) Principal Uses and Structures Permitted: The following types of use are allov4ed within the (A) District as a permitted use: (1) The conduct of agricultural operations such as: drop lands, poultry, dairies, grazing lands, flov~er growing and fruit, citrus, and orchard groves; and sihrres noirnally assaciatecl there with such as: baxns, chicken coops, drying sheds, farmhouses, greenhouses. (2) Horse Ranches, Horse Boarding Stables, Riding Stables and Academies; and structures normally associated there with such as: stables and training facilities. (3) Single family detached dwpllingS. (4) Group Home, Type 1, pursuant to restrictions set forth in Section 4.3.3(1). (5) Public echrcational faalities of The School District of Palm Beach County pursuant to the regulations set forth in Section 4.3.3 (I~-i}. (6) Assisted Living Facilities. Section 3. That Section 4.4.2, "Rural Residential (RR} Zone District", Subsection (B), of the T.,and Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be and the same is hereby amended to read as follows: (B) Principal Uses and Structures Permitted: The following types of use are allowEd within the (RR) District as a permitted use: (1) Single faxrrily detached dwellings. (2) Group Home, Type ~, pursuant to restrictions set forth in Section 4.3.3(I). (3} Public educational facilities of The School District of Palm Beach County, pursuant to the regulations set forth in Section 4.3.3 ~. (4) Assisted Living Facilities, Section 4. That Section 4.4.3, "Single Family Residential (R 1) Districts', Subsection (S), of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be and the wine is hereby amended to read as f allows: 2 ORD. NO.01-10 (B) Principal Uses and Structures Permitted: The following types of use are allowed within the Single Family Districts as a permitted use: (1 } Conventionally sited single family detached resider-ces. (2) Group Home, Type 1, pursuant to restrictions set forth in Section 4.3.3(1). (3) Parking lots not associated with a use, pursuant to an adopted neighborhood or redevelopment plan. (4) Pocket parks. (5} Public educational facilities of The School District of Palm Beach County, pursuant to the regulations set forth in Section 4.3.3 (I II I). (6) Assisted Living Facilities. Section 5. That Section 4.4.5, "Low Density Residential (RL) District", Subsection (B), of the L,axid Development Regulations of the Code of Ordinances of the City of Delray Beacl-y Florida., be and the same is hereby arrtended to read as follows: (B) Principal Uses and Structures Peranitted: The following types of use are allowEd within the (RL) District as a permitted use: (1) Single family detached dwellings. (~} Duplex structures. (3} Multiple familystructures. (4} Group Home, Type 1, pu~suarit to restrictions set forth in Section 4.3.3(1}. (5) Parking lots not associated with a use, pursuant to an adopted neighborhood or redevelopment plan, (C) Pocket parks. (7) Public educational facilities of The School District of Palm Beach County, pursuant to the regulations set forth in Section 4.3.3 {HIS. Assisted Living Facilities. Section {. That Section 4.4.7, "Planned Residential Development (PRD) District", Subsection (B}, 3 ORD. N0.01-1~ of the Land De~elopmer-t Regulations of the Code of Ordinances of the City of Delray Beady Florida, be and the same is hereby aniended to read as follows: (B} Principal Uses and Structures Permitted: The following types of use are allowed within the (PRD) District as a permitted use: (1) Single family detached dwellings whether conventional or zero lot line design. (2) Duplex structures (3) Multiple Family structures (4) Public educational. facilikies of The School District of Palm Beach Cotmty, pursuant to the regulations set forth in Section 4.3.3 ~. (5) Assisted Living Facilities. Section 7. That Section 4.413, "Central BuSine~s (CBD) District", Subsection (B), of the Land Development Regulations of the Code of Ordinances of the City of Delray Bead Florida, be and the same is hereby amended to read as follows: (B) Principal Uses and Structures Permitted: The following types of use are allowed within the CBD District as a pertrutted use: {1} General retail uses including, but not lirrrited to: (a) Antiques, arts and crafts, autaxziotive parts, baked goods, books, carpet and floor covering, cheeses, beer, wine, liquor, COnfectlonerleS, cosmetics, mats, draperies and slipcovers, n~dicines and presct2ptions, electrical fixhmes and supplies, fabrics, fish, flowers and plants, fruits and vegetables, food, garden supplies, gifts, glasswa~.~e, hardware and paints, home furnishings, ice creaxry lawn care equipment, leather goads, luggage, medical and surgical equipment, rru~sic and musical instruments, nautical supplies, office furniture equipment and supplies, pets and pet supplies, photographic equipment and supplies, sewing supplies, sporting goods, toys, wearing apparel and accessories, appliances, bicycles, business machines, jewelry. (2) Busir-ess and professional uses pursuant to restrictions set forth in Section 4.4.13(Hj(1) including, but not limited ta: (a) Interior decorating medical and dental clinics, medical and dental laboratories, photographic studios, printing and publishing" professional offices. 4 ORD. N0.01-10 (3) Services and facilities including, but not limited to: (a} Auctions, bomber and beauty shops and salons, caterers, clry leaning limited to on-site processing for customer pickup only, ~ cleaning and laundry pickup stations, Laundromats limited to self-service faalities, pet grooming z~estaurants excluding drive-in and drive-fihrough, outdoor cafes, tailoring, tobacconist, vocational schools limited to arcs and crafts, busine__ss, beauty, dancing, driving, gyxxmas~ics, photography, modeling, and karate-judo, small item repair, and rental of sporting goods and egLUprnent (such as but not limited to bic~les, skates, boogie boards). (b) Galleries, broadcast studios, butcher shops, cocktail lounges, exercise facilities e.g. gyrrts and clubs, rriuseimtis, Libraries, newds, co~'ial or public parking lots and parking garages. (c) Public open space plazas {4) Multi family dvrelling units, excluding duplexes, up to a maximum density of thirty (30) units per acre except for the West Atlantic Neighborhood or Beach District, where the n~vdinuin density is tv~lve (12) dwelling units per acre. (5) Hotels, motels, bed and breakfast inns, and residential type inns except in the West Atlantic Neighborhood (6) Assisted Living Facilities and Continuing Care Facilities, up to a maxirrnur- Section 8. That Section 4.4.17, "Residential Office (RO} District", Subsection (B), of the Land Development Regulations of the Code of Ordinances of the City of Delray Beacly Florida, be and the same is hereby amended to read as follows: (B} Principal Uses and Structures Peranitted: The following types of use are aliowEd within. the RO District as a perirutted use: (1} Single family detached dwelling units. (2} Duplex structures. (3} Business and professional offices. (4} Abused spouse residence limited to forty (40} or fewer residents. (5) Funeral parlors, funeral homes. 5 ORD. N0.01-10 (6) Parking lots not associated with a use, pLUSUant to an adopted neighborhood or redevelopment plarr. (~ Group Home, Type 1, pursuant to restrictions set forth in Section 4.3.3{I). $ Assisted Li Facilities. Section 9. That Section 4.4.21, "Community Facilities {CF) District", Subsection (B), of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be and the same is hereby amended to read as follows: (B) Principal Uses and Structures Allowed: The following types of use are allowed within the CF District as a permitted use: {1) GovernrnPntal, such as: civic centers, courts, courthouses, temporary holding faalities, fire stations, gove~.~mental offices, public health facilities, law enforcement offices and facilities, post offices, pubfic utility faalities (e.g lift stations), water storage tanks, water treatment plants, water wells, wastewater treatment plants, drainage facilities. (2) CornYnunity, such as: civic centers, comrrnmity centers, community theater, cultural facilities and auditoriums, arts and crafts centers, libraries, museums, public parking lots and ~'• (3} Recreation, such as: comrrn mitt' centers, tennis cenfe~, swigrung centers. (4) Services, such as: abused spouse residences, d~ild care centers, day care centers. (5) Religious, such as: churches and places of vwxship with attendant uses of day care, pre-school, educational facilities, and with other noxrt~al educational (Sunday school) and recreatioxtial. facilities, and support facilities (e.g., parsonage). (6} Restricted usage allowed pursuant to an ordinance enacted to sever developments rights under a Transfer of DeveJopn~nts (TDR). {See Section 4.6.20). (~ Public educational facilities of The School District of Palm Beach County, pursuant to the regulations set forth in Section 4.3.3 (I~. (8) Clubs and Lodges provided that alcoholic beverages shall not be served or con5~.nned on the property. (9} Assisted Living Facilities and Continuing Care Facilities. subject to the ire~nents of the RM District except for setback and height reauire~ents which shall be yursuant to this Section 6 ORD. N0.01-10 Section 10. That Secfion 4.4.24, "Old School Square I~istoric Arts District (OSSHAD)", Subsection (B}, of the Land Develop~~it Regulations of the Cade of Ordinances of the City of Delray Beach, Florida, be and the same is hereby arriended to read as follows: (B} Principal Uses and Structures: The following types of use`s are allowed within the OSSHAD as a panrritted use: (1} Single family detached dv~]litlgs. (2) Duplex structures. (3} Business, Professional, Medical and Govetllmental Offices. (4} Retail. sales through specialty shops (single purpose businesses} s2uh as: bath shops, book stones, gift shops, florists, hobby shops, kitchen shops, boutiques, bicycle shops, excluding liquor stores, convenience stores and drug stares. (5) Arts related bus7ne~ses such as craft shops, galleries, and studios within which is conducted the preparation af, display af, and/ar sale of art prod~ts such as antiques, collectybles, custom apparel, jewelry, paintings, photography, picture framil~g pottery, sculpture, stained glass. {6) Educational and/or Instructional activities including training, vocational, or craft schools, the arts, personal development, and lYbraries, museums, and social and philanthropic institutions. (~ Restaurants of a sit down nature such as a cafe, snack shop, full service dining but excluding any drive-in and/or drive-through facilities or features. cosmetologists. {8) Provic~ng of personal services such as barbershops, beauty shops, salons, (9} Bed and Breakfast hms. {10} Catering services not associated with a restaurant, subject to the special. regulations of Section 4.4.24{13}. (11) Group Home, Type 1, pursuant to restrictions set forth in Section 4.3.3(I). (12) Within the following desczabed areas, the uses allowed as permitted uses in Section 4.4.13(B) purst~nt to the base district and special regulations of the Central Business District regulations shall. also be allowed in the OSSHAD: (a) Lots 13-16, Block {0 7 ORD. N0.01-10 {b) Lots 1- 4, Block 61 {c} Lots 1- 7 and 19-24, Block 69 {d) Lots 7- 8, and the South 34.75 feet of Lot 6, Block 75; and {e) Lots 1- 6, Block 76 (13) Assisted LivingFacilities. Section 11. That Section 4.b.9, "Off- Street Parking Regulations,,, Subsection (C)(2}, of the Land Development Regulations of the Code of Orcnances of the City of Delray Beach, Florida, be and the wine is hereby amended to read as follows: (2} Recluirernents for Residential Uses: (a) Single Family Detached Residences, including Assisted Living Facilities: -- tvu~ spaces per dwelling twit. Tandem parking maybe used provided that in the Single Family (R-1 District) or RL District, no ~ parking space maybe located in a required front ar street side setback (b) Duplexes, including Assisted Living Facilities: -- two spaces per dwelling twit. Tandem parking maybe used provided that such parking does not result in the space for one tmi impeding access to a space of the other unit. Further, curb cuts or direct access frorri parking areas onto a sheet shall not exceed 24' in width (c) Multiple Family Structures, including Assisted Living Facilities: E fficiency dwelling unit 1.0 space/unit * One bedroom dwelling unit 1.5 spaces/unit ~ Twp or more bedroom du. 2.0 spaces/unit * Guost parking shall be provided curritilativelyasfoliows: - for the first 20 units 0.5 spaces per unit - for units 21-50 0.3 spaces per unit - for units 51 and above 0.2 spaces per unit Within tawnhause and townhouse type developments, parking may be provided in front of gage units provided that such parking does not result in the space for one unit impeding access to a space of the other unit. Section 12. That Appendvc "A", "Definitions", of the Land Develaprr~nt Regulations of the Code of Ordinances of the City of Dehay Beach, Florida, be and the same is hereby amended to read as follows: 8 ORD. NO.01-10 ASSISTED LIVING FACILITY Anybuildng or btrilc, section of building, or distinct part of a builcing, private home, boarding horrHe, home for the aged, or other residential facility, whether operated for profit or not, which undertakes through its ownership or management to provide housing meals, and one or more personal services for a period exceeding 24 hours to one or more adults who are not relafives of the owner or administration. "Personal services" means direct physical assistance with or supervision of the activities of daily living and the self-adnvnistration of medication and other similar services which the Deparlrr~nt of Elderly Affairs may define by rule. "Personal services" shall not be construed to mean the provision of medical, nursing, dental, or mental health services. Assisted CONTINUING CARE FACILITY A facility which furnishes shelter and either nursing care or personal services, pursuant to an agreerrient, whether such nursing care or personal services are provided in the facility or in another setting designated by the contract for continuing care to an individual. not related by consangLUnity or affinity to the provider furnishing such care, upon payment of an entrance fee. Other personal services provided shall be designated in the continuing care contract. Contracts to provide continuing care include agreements to provide care for any duration, including contracts that are tei~inable by either party. "Personal services" mans direct physical assistance with or supervision of the activities of daily living and the self-adrrrinistration of medication and other similar services which the dDepartment of Elderly Affairs z~ay defined by rule. "Personal services" shall not be construed to mean the provision of medical, nursing, dental or rental health services. Continuing Care Facilities shall be accornxnod~ted in the same manner with respect to the Tamil unit lex unit or multi-Tamil unit in the zo districts where allowed. R for exemptions to the number of residents can be requested through a reasonable accommodation request rnusuant to LDR Section_2.4.7(G~. Section 13. That should any section or provision of this ordnarcee 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 rer~rrainder hereof as a whole or part thereof other than the part declared to be invalid Section 14. That all ordnarces or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 15. That this ordinance shall become effective izxurnediately upon its passage on second and final reading. 9 ORD. N0.01-10 of residents can be ed thro a reasonable accommodation t to LDR Section 2.4.7 G . PASSED AND ADOPTED in regular ~sion on second and final readir-g an ~ the day of 2009. ATTEST MAYOR G.ty Qerk First Reading Second Reading 10 ORD. N0.01-10 Page 1 of 2 MEMORANDUM TO: Mayor and City Commissioners FROM: Jasrnin Allen, Planner Paul Dorling, AICP, Director of Planning and Zoning THROUGH: City Manager DATE: December 22, 2009 SUBJECT: AGENDA ITEM 1U.B. -REGULAR COMMISSION MEETING OF JANUARY 5, 201Q ORDINANCE N0.01-] © (FIRST READING/i'IRST PUBLIC HEARING( ITEM BEFORE COMMISSION Consideration of aCity-initiated amendment to the Land Development Regulation pertaining to Assisted Living Facilities and Continuing Care Facilities. BACKGROUND Florida Statutes 429.01 states, "The Legislature recognizes that assisted living facilities are an important part of the continuum of long-term care in the state. In support of the goal of aging in place, the Legislature further recognizes that assisted living facilities should be operated and regulated as residential environments with supportive services and not as medical or nursing facilities." Additionally, Federal Law requires assisted living facilities to be accommodated in the same manner as residential uses, provided that the density regulations of the local jurisdictions are met. In order to achieve compliance, the amendment proposes that assisted living facilities be accommodated similarly (with respect to the number of residents and units) to the regulations which apply to either single family, duplex, or multi-family uses in their respective zoning districts. Thus, under the proposed ordinance, assisted living facilities would be allowed as a permitted use in the A "Agriculture" district, RR "Rural Residential" district, R-1 "Single Family Residential" districts, RL "Low Density Residential" district, PRD "Planned Residential District", RO "Residential Office" district and OSSHAD "Old School Square Historic Arts District". Within the CBD "Central Business District" and CF "Community Facilities" District, limitations on densities in the same manner as other multi-family uses are noted with this amendment. The ordinance also clarifies the parking requirements for assisted living facilities and modifies the definitions for assisted living facility and continuing care facility to clarify that these facilities shall be accommodated in the same manner as residential uses with respect to the number of residents and the number of units as required for other residential uses in the zoning districts where allowed. Requests for exemptions to the number of residents can be requested through a reasonable accommodations request http://miweb00l (Agendas/Bluesheet.aspx7ltemID=2903&MeetingID=228 1/7/2010 Page 2 of 2 pursuant to LDR Section 2.4.7(G). A detailed description and analysis of the proposal is contained within the attached Planning and Zoning Board staff report of November 16, 2009. REVIEW BY OTHERS The text amendment was considered at the Planning and Zoning Board an November 16, 2009. At the Planning and Zoning Board meeting no one from the public spoke on the issue. The Board voiced concerns with the type of activities that could be included under the "personal services" functions of an assisted living facility or continuing care facility and questioned if this could be used to exploit laapholes that were closed with the passage of recent ordinances pertaining to "Transient Residential Uses" and the definition of "Family". The Board unanimously recommended approval on a 7 to 0 vote, by adopting the findings of fact and law contained in the Staff Report and finding that the request is consistent with the Comprehensive Plan and meets the criteria set forth in LDR Section 2.4.5(M)(5). The Board's concerns were subsequently evaluated by the City Attorney's office and it was deternnined that the proposed ordinance is not in conflict with the recently adopted ordinances pertaining to "Transient Residential Uses" or the definition of "Family". RECOMMENDATION By motion, approve on frrst reading Ordinance 01-10, by adopting the Endings of fact and law contained in the Staff Report and fmding that the request is consistent with the Comprehensive Plan and meets the criteria set forth in LDR Section 2.4.5(M)(S). Attachments: Ordinance No. 01-10 Planning and Zoning Board Staff Report of November 16, 2009 1~ttp://miweb001/AgendasBluesheet.aspx?ltern1D=2903&MeetingID=228 1/7/2010 ;i MEETING DATE: NOVEMBER 16, 2t1©9 AGENDA NO: V.A AGENDA ITEM: CONSIDERATION OF ACITY-INITIATED AMENDMENT TO LAND DEVELOPMENT REGULATIONS, BY AMENDING SECTIONS 4.4.1 "AGRICULTURE (A) DISTRICT", SUBSECTION (B); 4.4.2 "RURAL RESIDENTIAL {RR) DISTRICT", SUBSECTION (B); 4.4.3, "SINGLE FAMILY RESIDENTIAL {R-1) DISTRICTS", SUBSECTION (B); 4.45, "LOW DENSITY RESIDENTIAL {RL) DISTRICT", SUBSECTION (B); 4.4,7, "PLANNED RESIDENTIAL DEVELOPMENT (PRD} DISTRICT", SUBSECTION (B); 4.4.13 "CENTRAL BUSINESS (CBD) DISTRICT", SUBSECTION [B); 4.4.17, "RESIDENTIAL 01=1=ICE (RO) DISTRICT", SUBSECTION {B); 4.4.21 "COMMUNITY FACILITIES (CI=) DISTRICT", SUBSECTION B; AND, 4.4,24, "OLD SCHOOL SQUARE HtSTOR1C ARTS DISTRICT (055HAD)", SUBSECTION (B), IN ORDER TO CLARIFY THE ZONING DISTRICTS IN WHICH ASSISTED LIVING FACILITIES OR CONTINUING CARE hACILITIES ARE ALLOWED AS EITHER RERMITTED OR CONDITIONAL USES, AMENDING SECTION 4.&.9 "OFF~TREET PARKING REGULATIONS", SUBSECTION (C); TO CLARIFY THE PARKING REQUIREMENTS FOR ASSISTED LIVING FACILITIES, AND AMENDING APPENDIX "A" "DEFINITIONS" BY PROVIDING AN UPDATED DEFINITION OF "ASSISTED LIVING FACILITY" AND "CONTINUING GARS FACILITY". The item before the Beard is to malts a recommendation to the Gity Commission regarding a City-initiated amendment to the Land Development Regulations pertaining to Assisted Living Facilities and Continuing Care Facilities. Pursuant to Section 1.1.5, an amendment to the text of the Land Development Regulations may not be made until a recommendation is obtained from the Planning and Zoning Board. On April 15, 20©8, the City Commission adopted .Ordinance 20-08, pertaining to Assisted Living Facilities and Continuing Gare Facilities to comport with state statues. Additionally, in order to achieve compliance with the Federal lair Housing Law, Assisted Living Facilities and Continuing Care Facilities were added to certain zoning districts in the same manner in which multiple-family residential uses were allowed within those districts. They were added as permitted uses in the RM (Medium density Residential), CBD (Central Business District), CB©- RC (Central Business District-Railroad Corridor, CF {Community Facilities} and MROC (Mixed Residential, Office and Commercial) zoning districts, and as conditional uses in the GC {General Commercial) and PG (Planned Commercial} districts. Planning and Zoning Board Staff Report, November 16, 2009 Amendment to LF3Rs Regarding Assisted Living Facilities and Continuing Care Facilities Page 2 Assisted Living Facilities and Continuing Care Facilities: Florida Statutes CH 429.0'1 states, "The Legislature recognizes that assisted living facilities are an important part of the continuum of longterm care in the state. In support of the goal of aging in place, the Legislature further recognizes that assisted living facilities should be operated and regulated as residential environments with supportive services and not as medical or nursing facilities. Appendix A °Definitions" of the Land ©evelopment Regulations, defines Assisted Living Facility and Continuing Care Facility as follows: Assisted Living Facility: "Any building or buildings, section of building, or disfinct part of a building, private home, boarding home, hatn® for the aged, or other residential facili#y, Whether operated for prot<t or not, which undertakes through Ifs aWnership ar management fv provide housing, meals, and one or more personal services for a period exceeding 24 hours fa one ar more adults who are not relatives of the aWner yr administration. °Personal services" means direct physical assistance with or supervision of the activities of daily ]iving and the self- adminisfration of medication and other similar services Which the ©epartment of Elderly Affairs may define by rule. Personal services" shall not be construed tv mean the provision of medical, nursing, dental, ar mental health services." Cantinuinct Care Facility: ~A facility Which furnishes shelter and either nursing care or personal services, pursuant to an agreement, Whether such nursing care or personal services are provided in the facility or in another setting designated by the contract for continuing care to an individual not related by consanguinity ar affinity to the provider famishing such care, upon payment of an entrance fee_ Other personal services provided shall be designated in the continuing care contract. Contracts to provide continuing care include agreements to provide care for any duration, Including contracts that are terminable by either party. "Personal services" means direct physical assistance With or supervision of the activities of daily living and the self-administration of medication and other similar services Which the department may defined by rule. "Persona! services" shall not be construed to mean the provision of medical, nursing, dental or mental health services " State Statutes require assisted living facilities to be accommodated in the same manner as residential uses, provided that the density regulations of the local jurisdictions are met. In order to achieve compliance with State Statutes, the amendment proposes that assisted living facilities he accommodated similarly (with respect to the number of residents and units) to the regulations which apply to either single family, duplex, or multi-Family uses in their respective zoning districts. Thus, under the proposed ordinance, assisted living facilities would be allowed as a permitted use in the A "Agriculture" district, RR "Rural Residential" district, R-'I's "Single Family Residential" district, RL "Low Density Residential" district, PRD "Planned Residential District", RO °Residential Office" district and USSHA© "Old School Square Historic Arts District". Within the CBD Central Business QistricY' and CF Community Facilities" District, limitations on densities in the same manner as other multi-family uses are noted with this amendment. The ordinance also clarifies the parking requirements for assisted living facilities and modifies the definitions for assisted living facility and continuing care facility to clarify that these facilities shall be accommodated in the same manner as residential uses with respect to the number of residents and the number of units as required far other residential uses in the zoning districts Planning and Zoning Board Sta#f Report, November 16, 2Q09 Amendment to LDRs Regarding Assisted t~iving Facilities and Continuing Care Facilities Page 3 where allowed. Requests for exemptions to the number of residents can be requested through a reasonable accommodations request pursuant to LDR Section 2.4.7(G). Following are details of the chances: Section 4.4.1 Agriculture Zone District {A}: (B) Princi al Uses and Structures Permitted: The following types of use are allowed within the (A) District as a permitted use: (1) The conduct of agriculturaE operations such as: crop lands, poultry, dairies, grazing {ands, flower growing and fruit, citrus, and orchard groves; and structures normally associated there with such as: barns, chicken coops, drying sheds, farmhouses, greenhouses. (2) Horse Ranches, Hvrse Boarding Stables, Riding Stables and Academies; and structures normally associated there with such as: stables and training facilities. (3) Single family detached dwellings. {4) Group Horne, Type 1, pursuant to restrictions set forth in Section 4.3.3(1) (5) Public educational facilities of The School District of Palm Beach County, pursuant to the regulations set forth in Section 4.3.3 (HH). fi Assisted Livin Facilities. Section 4.4.2 Rural Residential RR Zone District: (B) Princi al Uses and Structures Permitted: The following types of use are allowed within the (RR) District as a permitted use: (1) Single family detached dwellings. (2) Group Mome, Type 1, pursuant to restrictions set forth in Section 4.3.3(1). (3) Public educational facilities of The School District of Palm Beach County, pursuant to the regulations set forth in Section 4.3.3 (HH). 4 Assisted Livin Facilities. Section 4.4.3 Sin le 1Famil Residential R~1 Districts: (B) Principal Uses and Structures Permitted: The following types of use are allowed within the Single Family Districts as a permitted use: (1) Conventionally sited single family detached residences. (2) Group Home, Type 1, pursuant to restrictions set forth in Section 4.3.3(1). Planning and Zoning Board Staff Deport, November 15, 2009 Amendment to LDRs Regarding Assisted Living Facilities and Continuing Care Facilities Page 4 (3) Parking lots not associated with a use, pursuant to an adopted neighborhood ar redevelopment plan. (4) Pocket parks. (5) Public educational facilities of The School District of Palm Beach County, pursuant to the regulations set forth in Section 4.3.3 (HH) tB) Assisted Livin4 Facilities. Section 4,4.5 Low Density Residential tRL] Diistriict: (B} Principal Uses and Structures Permitted: The following types of use are allowed within the (RL) District as a permitted use: {1} Single family detached dwellings. (2) Duplex structures. (3} Multiple family structures. (4) Group Home, Type 1, pursuant to restrictions set forth in Section ~4.3.3(t}. (5) Parking lots oat associated vuith a use, pursuant to an adopted neighborhood yr redevelopment plan {6) Pocket parks (7) Public educational facilities of The School District of Palm Beach County, pursuant to the regulations set Earth in Section 4.3.3 (HH) [8) Assisted Livinci Facilities. Section 4.4.7 Planned Residential Development (PRDi Dias#rict: (B) Principal Uses and Structures Permitted: The following types of use are allowed within the (PRD} District as a permitted use: ('I} Single family detached dwellings whether conventional or zero lot line design ' (2) Duplex structures (3) Multiple Family structures (4) Public educational facilities of The School District afi Palm Beach County, pursuant tv the regulations set forth in Section 4.3.3 (HH) Assisted Livinct_Faciiities, Planning and Zoning Board Staff Report, November 1S, 2009 Amendmenk to L[3Rs Regarding Assisted Living Facilities and Continuing Cars Facilities Page ~ Section 4,4.13 Central Business {CBD) District: {B) Princi al EJses arad Structures Permifted: The following types o€ use are allowed within the CBD District as a permitted use: (1) General retail uses including, but not limited to: {a) Antiques, arts and crafts, automotive parts, baked goods, books, carpet and floor covering, cheeses, beer, wine, liquor, confectioneries, cosmetics, meats, draperies and slipcovers, medicines and prescriptions, electrical fixtures and supplies, fabrics, fish, flowers and plants, fruits and vegetables, food, garden supplies, gifts, glassware, hardware and paints, home furnishings, ice cream, lawn care equipment, leather goods, luggage, medical and surgical equipment, music and musical instruments, nautical supplies, office furniture equipment and supplies, pets and pet supplies, photographic equipment and supplies, sewing supplies, sporting goods, toys, wearing apparel and accessories, appliances, bicycles, business machines, jewelry. {2) Business and professional uses pursuant to restrictions set forth in Section 4.4.13{H)(1) including, but not limited to: (a) interior decorating, medical and dental clinics, medical and dental laboratories, photographic studios, printing and publishing, professional offices. {3) Services and facilities including, but not limited to: {a) Auctions, barber and beauty shops and salons, caterers, dry cleaning limited to an-site processing for customer pickup only, dry cleaning and laundry pickup stations, laundrvmats limited tv self-service facilities, pet grooming, restaurants excluding drive-in and drive-through, outdoor cafes, tailoring, tobacconist, vocational schools limited to arts and crafts, business, beauty, dancing, driving, gymnastics, photography, modeling, and karate judo, small item repair, and ren#al of sporting goods and equipment (such as but not limited to bicycles, skates, boogie boards). {b) Galleries, broadcast studios, butcher shops, cocktail lounges, exercise €acilities e.g. gyms and clubs, museums, libraries, newsstands, commercial or public parking lots and parking garages. {c} Public open space plazas (4) Multi-family dwelling units, excluding duplexes, up to a maximum density of thirty (30) units per acre except for the West Atlantic Neighborhood or Beach District, where the maximum density is twelve {12) dwelling units per acre. Planning and honing Board Staff Repark, November 16, 209 Amendment to LBRs Regarding Assisted Living Facilities and Continuing Gare Faciiities Page 6 (5) Hotels, motels, bed and breakfast inns, and residential-type inns except in the West Atlantic Neighborhood. (~) Assisted Living Facilities and Continuing Care Facilities, up to a maximum density of thirty (30) units per acre except for the West Atlantic Neighborhood or Beach District where the maximum densit is twelve 12 dwellin units er acre. Section 4.4.17 Residential OfFice (RO] District: (B) Principal Uses and Structures Permitted: The following types of use are allowed within the RO District as a permitted use: ('l) Single family detached dwelling units. (2) Duplex structures (3) Business and professional offices_ (4) Abused spouse residence Limited to forty (4©) yr fewer residents. (5) Funeral parlors, funeral homes. (6) Parking lots not associated with a use, pursuant to an adopted neighborhood or redevelopment plan (7) Group Home, Type 1, pursuant to restrictions set forth in Section 4.3.3(1). {8) Assisted ~,iVir1Q Facilltles. Section 4.4.21 Community Facilities fCF) District: tB} Principal Uses and Structures Allowed: The following types of use are allowed within the CF District as a permitted use: (1) Governmental, such as: civic centers, courts, courthouses, temporary holding facilities, fire stations, gavemmental affices, public health facilities, law enforcement offices and facilities, post affices, public utility facilities (e.g. lift stations), water storage tanks, water treatment plants, water weds, wastewater treatment plants, drainage facilities. (2) Community, such as: civic centers, community centers, community theater, cultural facilities and auditoriums, arts and crafts centers, libraries, museums, public parking lots and garages. (3) Recreation, such as: community centers, tennis centers, swimming centers. (4} Services, such as: abused spouse residences, child care centers, day care centers. Planning and Zoning Board Staff Report, November '16, 2009 Amendment to LDRs Regarding Assisted Living Facilities and Continuing Care Facilities Page 7 (5) Religious, such as. churches and places of worship with attendant uses of day care, pre-school, educational facilities, and with other normal educational (Sunday school) and recreational facilities, and support facilities {e.g., parsonage}. (6} Restricted usage allowed pursuant to an ordinance enacted to sever developments rights under a Transfer of Developments (TDR}. (See Section 4.6.20}. (7} Public educatiana[ facilities of The School District of Palm Beach County, pursuant to the regulations set forth in Section 4.3.3 (HH}. (8} Clubs and Lodges provided that alcoholic beverages sha[I not be served or consumed an the property. (9) Assisted Living Facilities and Continuing Care Facilities, sub~ct to the requirements of the RM District except for setback and height requirements which shall be pursuant to this Section. Section 4,4.24 Old School S care Historic Arts District OSSH,~D (13} Principal Uses and Structures: The following types of uses are allowed within the 055HAD as a permitted use: (7) Single family detached dwellings (2) Duplex structures (3) Business, Professional, Medico! and Govemmentai Offices (4} Retail sales through specialty shops (single purpose businesses} such as: bath shops, book stores, gift shops, florists, hobby shops, kitchen shops, boutiques, bicycle shops, excluding liquor stares, convenience stores and drug stores (5} Arts related businesses such as craft shops, galleries, and studies within which is conducted the preparation of, display of, and3or sale of art products such as antiques, collectibles, custom apparel, jewelry, paintings, photography, picture framing, pottery, sculpture, stained glass. (6) Educational andlar lns#ructianal activities including training, vocational, or craft schools, the arts, personal development, and libraries, museums, and social and philanthropic institutions ' (7} Restaurants of a sit down nature such as a cafe, snack shop, full service dining but excluding any drive-in and]ordrlve-through facilities or features (8} Providing of personal services such as barbershops, beauty shops, salons, c©smetologiS#s (9} Bed and Breakfast Inns Planning and Zoning Board Staff Report, No~rEmber 16, 2©09 Amendment to LDRs Regarding Assisted Living Facilities and Continuing Care Facilities Page $ {10} Catering services not associated with a restaurant, subject to the special regulations of Section 4.4.24{H). {11) Group Home, Type 1, pursuant to restrictions set Earth in Section 4.3.3{I). (12) Within the following described areas, the uses allowed as permitted uses in Section 4.4.13(B) pursuant to the base district and special regulations of the Central Business District regulations shall also be allowed in the OSSHAD {a) Lots 13-16, Black 60 (b) Lots 1- 4, Block B1 {c) Lots 1- 7 and 19-24, Block 69 {d) Lots 7- 8, and the South 34.75 feet of Lo# 6, Block 75; and (e) Lots 1- 6, Block 7fi i13} Assisted Living Facilities. Section 4.6.9 off-Street Parkin Re ulations: Section 4.6.9(Cj Number of Parking Spaces Required: {2j Requirements for Residential Uses: {aj Single Famiiy Detached Residences, including Assisted Living Facilities: -- two spaces per dwelling unit. Tandem parking may be used provided #hat in the Single Family (R-1 District) or RL District, no required parking space may be located in a required Front or street side setback. {bj Duplexes, including Assisted Living Faciiities: -two spaces per dwelling unit. Tandem parking may be used provided that such parking does not result in the space for one unit impeding access to a space of the other unit. Further, curb cuts or direct access from parking areas onto a street shall not exceed 24' in width. (c} Multiple Family Structures, iincludin Assisted Living r;acilities: * Efficiency dwelling unit 1.0 space/unit ~ One bedroom dwelling unit 1.5 spaceslunit ~ Two or more bedroom d.u... 2.0 spaceslunit ~ Guest parking shall be provided cumulatively as follows: - for the t:Erst 20 units 0.5 spaces per unit - far units 21-50 0.3 spaces per unit - for units 51 and above 0.2 spaces per unit [Amd, ©rd. 4G~96 '1'!!5196] Planning and Zoning Boarcl S#a#f Report, November 16, 2009 Amendment to LDRs Regarding Assisted Living Facilities and Continuing Care Facilities Page 9 Within townhouse and townhouse type developments, parking may be provided in front of garage units provided that such parking does not result in the space for one unit impeding access to a space of the other unit. APPENDIK "A" DEFlNIT14NS ASSISTED LIVING FACILITY Any building or buildings, section of building, or distinct part of a building, private home, boarding home, home for the aged, ar other residential facility, whether operated for profit or not, which undertakes through its ownership or management to provide housing, meals, and one or more personal services for a period exceeding 24 hours to one or more adults who are not relatives of the owner or administration. "Personal services" means direct physical assistance with yr supervision of the activities of daily living and the self- administratian of medication and other similar services which the Department of Elderly Affairs may define by rule. "Personal services" steal! not be construed to mean the provision of medical, nursing, dental, or mental health services. Assisted Living l=acilities shall be accommodated in the same manner with resr~ect to the number of residents and the number of units as required for the respective structures_af either a single #amily unit, duplex unit. or rnu__Iti- family unit in the zoning districts where allowed. Requests far exemptions to the number of residents can be re nested throu h a reasonable accommodation re nest ursuant to LDR Section 2.4.7 G . CaNTINUING CARE FACILITY: A facility which furnishes shelter and either nursing care or personal services, pursuant to an agreement, whether such nursing care or personal services are provided in the facility or in another setting designated by the contract for continuing care to an individual not related by consanguinity ar affinity to the provider furnishing such care, upon payment of an entrance fee. Other personal services provided shall be designated in the continuing care contract. Contracts to provide continuing care include agreements to provide care for any duration, including contracts that are terminable by either party. "Personal services" means direct physical assistance with or supervision of the activities of daily living and the self-administration of medication and other similar services which the dDepartmen# of Elderiy. Affairs may defined by ruie_ "Personal services" shah not be construed to mean the provision of medical, nursing, dental or mental health services. Continuin Care Facilities shall be accommodated in the same manner with respect to the number of residents and the number of units as re wired far the res ective structures of either a sin le fami! unit du lex unit ar multi-famiiy unit in the zoning districts where allowed. Reauests for exemptions to the number of residen#s can be requested through a reasonable accommodation request pursuan..t to LDR Section 2_.4.7{G}. LDR Section. 2.4,5{Mt(51 {Findings. Pursuant. to LDR Section 2.4.5{M){5) (Findings), in addition to LDR Section 'i.9.6{A), the City Commission must make a finding that the text amendment is consistent wi#h and furthers the Goals, Objectives and Policies of the Gomprehensive Plan. Comprehensive Plan Policies: The goals, objectives and policies of the Comprehensive Plan were reviewed and the fallowing applicable objective was noted: Planning and Zoning Board Staff Report, November 16, 2009 Amendment to LDRs Regarding Assisted Living Facikities and Continuing Care Facilities Page 10 Housing Element Objective B-2 states, "Redevelopment and the develflpment of new [and shall result In the provision of a variety of housing types and other amenities (i.e. bike trails, parks, sidewalks) to accommodate the diverse economic makeup of the City's demographic profile, and meet the housing needs of all residents. Policies Which will implement this objective include:" The proposed amendment will further this policy. A positive finding can be made that the amendment is consistent wi#h and furthers the Goals, Objectives, and Policies of the Comprehensive. The Pineapple Grarre Main Stree# committee reviewed the amendment at their November 4, 2009 meeting and recommended approval. The Doutrntown Uevelvpment Authority (DDA) reviewed the amendment at their November 9, 2009 meeting and recommended approval. The West Atlantic Redevelopment Coalitlan {WARC) reviewed the amendment at their November 11, 2009 meeting and recommended approval. The Community Redevelopment Agency (CRAB reviewed the amendment at their November 12, 2009 meeting and recommended approval. CU[lPtBSY ~1Pt%C~'S: Courtesy notices were provided t0 the fflllflwing hOmeoWner and CIVIC aSSOCiativn5: ^ Nekghbvrhood Advisory Gouncil Letters of objection and support, i# any, will be provided at the Planning and Zoning Board meeting. The purpose of this City~initiated LDR text amendment is to bring consistency between the Land Development Regulations and i=lorida Statues, as well as Federal Fair Housing laws. Positive findings can be made with respect to tDR Section 2.4.S~M)(5). Move a recommendation of approval to the City~Gommission far acity-initiated amendment to Land Development Regulations as reflected in the attached Ordinance, by adopting the findings of fact and law contained in the Staff Report and finding that the request is consistent with the Comprehensive Plan and meets the criteria set forth in LDR Section 2.4.S~M)(5). Attachments: Proposed ©rdinance Page 1 of 1 MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: January 7, 2010 SUBJECT: AGENDA ITEM 10.D. -REGULAR COMMISSION MEETING OF JANUARY 19, 2010 ORDINANCE N0.02-10 (SECOND READING/SECOND PUBLIC HEARING2 ITEM BEFORE COMMISSION This ordinance is before Commission for second reading and public hearing for an ordinance to consider achy-izzitiated amendment to the Land Development Regulations (LDR) pertaining to Community Residential Homes and Group Homes. BACKGROUND At the first reading on January 5, 2010, the Commission passed Ordinance No. 02-10. RECOMMENDATION Recommend approval of Ordinance No. 02-10 on second and final reading. http://rniweb001/Agendas/Bluesbeet.aspx?ItemID=2935&MeetinglD=230 1/15/2010 ORDINANCE N0.42-10 AN ORDINANCE OF THE QTY COMIVIISSION OF THE QTY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE QTY OF DELRAY BEACH, BY AMENDING SECTION 4.3.3(I), "COMMUNITY RESIDENTIAL HOMES AND GROUP HOMES", SUBSECTION (4), "CL.ASSIFICATIONS", TO UPDATE THE TABI E PROVIDED THEREIN AND AMENDING SECTIONS 4.4.3, "SINGLE FAM[LY RESIDENTIAL (R-1) DISTRICT'S", SUBSECTION (D); 4.4.7, "PLANNED RESIDENTIAL DEVELOPMENT (PRD) DISTRICT", SUBSECTION (B); AND 4.4.7.2 "PLANNED COMMERCIAL (PC) DISTRICT, SUBSECTION(B}; IN ORDER TO CLARIFY THE ZONING DISTRICTS IN Wf IICH, COAM~IUNITY RESIDENTIAL HOMES AND GROUP HOMES ARE ALLOWED AS EITHER PERMITTED OR CONDITIONAL USES AND AMENDING SECTION 4.6.9 "OFF-STREET PARKING REGULATIONS", SUBSECTION (C) TO CLARIFY THE PARKING REQUIREMENTS FOR COMMUNITY RESIDENTIAL HOMES AND GROUP HOMES; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WI TEREAS, purs~ar-.t to LDR Section 1.1.6, the Plaru~ing and Zoning Board reviev~ed the proposed text amendment at a public hearing held on November 16, 2409 and voted 4 to 3 to recornn~nd that the changes be denied; and WHEREAS, pursuant to Florida Statute 163.3174(4)(c), the Planning and Zoning Board, sitting as the Local Plaru~ing Agency, has determined that the change is not consistent with and does not further the goals, objectives and polia~es of the Cox>~lprehensive Phan; and WHEREAS, the City Commission of the City of Dehay Beach adopts the finding in the Plarming and Zoning Staff Report; and WHEREAS, the City Comini<ssion of the City of Delray Beach finds the orclina~lce is consistent with the Comprehensive Plan. NOW, THEREFORE, BE IT ORDAINED BY THE QTY COMMISSION OF THE QTY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the recitations set forth above are incorporated heareiri. Section 2. That Section 4.3.3(I}, "Commtmity Residential Homes and Group Homes", Subsection (4), "Cl~s<5lficafions", of the Land Developxr~nt Regulations of the Cade of Ordinataces of the City of Delray Beach, Florida, be and the same is hereby amended to read as follows: SECTION 4.3.301 COMMUNITY RESIDENTIAh HOMES AND GROUP HOMES: (~) Classifications: (a) Groin Home, T~e_ 1: A group home of not mare than six (6) unrelated residents. _ Such homes which satisfy the provisions of this section shall be allowed as a permitted use in the zoning districts as outlined in Section 4.3.3(I}(4)(d}, provided, however, that no such home shall be located within a radius of 1,000 feet of another Type 1 group home or a cairffru~lity residential home. (b) Camrnunity Residential Home: Such homes which satisfy the provisions of this section shall be allowed as a permitted or conditional use in the zoning districts as outlined in Section 4.3.3(I)(4)(d), provided that such homes shall not be located within a radius of 1,000 feet of a community residential home or within a radius of 500 feet of a single family residential zoning district. (c) Group Home, Tyke 2: A group home which provides lodging or related services for fifteen (15) or more unrelated residents. Such homes which satisfy the provisions of this section shall be allowed as a permitted or conditional usP in the zoning districts as outlined in Section 4.3.3(I)(4)(d}, provided howeve that such homes shall not be located within a radius of 1,000 feet of a community residential home or group home, within a radius of 500 feet of a single family residential zoning district, or within a radius of 1,000 feet of a public or private elementary, middle or secondary school. (d) Conzm~_mity Residential Homes and Group Homes shall be allowed as a permitted or conditional use in the following zoning districts: 7n~irlvC ATC,TRrC'TS:' T~ YE t 1F lt~;sll31~,N(' '"~-:1LlL IiL 1ZN1 1'1LL7 lt(~' tll1}. C'N' (iC' 1't: - C;Lill-lit' p It-1 ()5S11~tU ti€c,ul~ Hnmc; Permitted Permitted Permitted Permitted Permitted Not Permitted Fermitted Not ~Ype i Permitted permitted C'i,mn~ueuty Not Conditional Not Conditional Conditional Conditional Conditional Conditional FZes,den(,.,1 Permitted jjSe Permitted permitted Use Use Use Use Use - r I~utn~ C~ruupllome;' Not Conditional No# Conditional Conditional Conditional ConditionaE Conditional .Type ? Permitted Use permitted permitted Use Use Use Use Use Section 3. That Section 4.1.3, "Single Family Residential (R-1} Districts", Subsection (D), of the Land Developrr~nt Regulations of the Code of Ordinances of the City of Delray Beady Florida, be and the same is hereby amended to read as follows: 2 ORD. N0.02-10 (D) Conditional Uses and Structures Allowed: The following uses are allowed as conditional uses within the Single Fan~ilyDistricts. (1) Child care and adult day care. (2) Churches, or places of worship, and their attendant educational, nursery, Sunday school, recreational, and calumbarium facilities. The foregoing does not allow establishment of educational and care rases such as elementary school and general day care; however, such uses maybe established by a separate conditional use application for child care or rezoning to C.F., as appropriate. (3) Private educational facilities subject to the restrictions set forth in Section 4.3.3(I~-I). (4) The use of common recreational faalities such as swimming pools and tennis courts, associated with a subdivision, for dub or cornrr>Prrial purposes. (5) Single family cletactted residences in zero lot developments but only in the R 1- Aand R 1-AA Districts. Section 4. That Section 4.4.7, "Planned Residential. Development (PRD) District", Subsection (B), of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be and the same is hereby amended to read as follows: (B) Principal Uses and Structures Permitted: The following types of use are allowed within the (PRD} District as a permmtted use: (1) Single family detached dv~llings whether conventional or zero lot line design (2) Duplex structures (3) Multiple Family structures (4) Public educational facilities of The School District of Palrxr Beach County, pursuanit to the regulations set forth in Section 4.3.3 (HH). (5) Assisted Living Facilities (6) Group Horne. Tv~~e 11 pursuant to restrictions set forth in Section 4.3.31,. 3 ORD. N0.02-10 Section 5. That Section 4.4.12, "Planned Coxrnnercial (PC) District", Subsection (B), of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be and the same is hereby amer-ded to read as follows: (B) Principal Uses and Structures Peerni.tted: The following types of use are allowed within the 1'C District as a permitted use, except within the Pour Corners Overlay District which shall be pursuant to Secfion 4.4.9(G)(3}(a): (1) All uses allowed as such within the GC District [Section 4.4.9(B}(1) through (5) an_ _ _a (7)~• (2) Automobile brokerage, including vehicle display within an enclosed structure, but excluding any preparation, service, or repair work Section b 'T'hat Section 4.6.9, "Off Street Parking Regulations"' Subsection (C)(7), of the Land Development Regulations of the Code of Orckiiances of the City of Delray Beach, Florida, be and the same is hereby amended to react as follows: (7} Other Uses: (a) Abased Spouse Residence: One space per sleeping room plus one space for each shift employee. (b) A:C~, Residentital Licensed Service Provider Facilities, and Nursing Homes: Shall provide one space for each four beds. (e} Continuing Care: Facilities shall provide 1.5 spaces per unit. (d) Bed and Breakfast inns: Shall provide one per guest room and one for the manager/owner. (e} Hotels and Motels: Shall provide 0.7 of a space for each guest room plus 10 spaces per 1,000 scl.ft. of floor area devoted to ballrooms, n-~eeting rooms, restaurants, lounges, and shops. (f) Broadcast Facilities and Communication Facilities: Shall provide 4/1,000 sq.ft. of gross floor area. (g) Bus Stations, Tani Stations, and Train Stations: Shall provide 3/1,000 sq.ft. of gross floor area (including storage areas). (h) Child Care and Adult Day Care: Shall provide 1 /300 sq.ft. of gross floor area. 4 ORD. N0.02-10 (i} Caurts, Courthouses and Related Facilities: Shall provide 1/150 sq.ft.(net) of courtroom space plus 1 /250 sq.ft. (gross) of non-courixoorn area, excluding walls, elevators, stairwells, and mechanical eq~riprr~nt areas. (j} Funeral Homes: Shall provide 4/1,000 sq.ft. of gross floor area plus 0.3/each seat in the chapel, if any. (lc) Marinas: Shall provide 5/1,000 sgft. of gross floor area of anybuilding devoted to marina use plus 1 /slip. (1) Community Residential Homes and Groui~ Hornes___ Crotap . Homes,_ Type 1 shall Section 7. That should any section or provision of this orcli~~nce or any portion thereof, any paragraph, sentence, or vwrd be declared by a court of competent j uxisdiction to be invalid such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid Section 8. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed Section 9. 'That this ordinance shall become effective irr~iately 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 5 ORD. N0.02-10 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: December 22, 2009 SUBJECT: AGENDA TTI;M 1p.C. - REGULAR COMMISSION MEETING OE JANUARY S. 2p1p ORDINANCE NO. p2-10 {FIIiST READINGII{~RST PUBLIC HEARINGI ITEM BEFORE COMMISSION Consideration of aCity-initiated amendment to the Land Development Regulation pertaining to Community Residential Homes and Group Homes. BACKGROUND The proposed ordinance is to update the City's LDRs to achieve consistency with respect to the zoning districts where Group Homes and Community Residential Homes are allowed. The amendment deletes the reference to Level I Group Homes under the list of conditional uses i~a the R-1 zoning districts, since they are listed under permitted uses; adds Group Home Type 1 as a principal use within the PRD (Planned Residential Development}; adds Group Homes, Type 1 as a permitted use in the PC (Planned Commercial} zoning district; modifes the Zoning District Table in Section 4.3.3(I} to accurately reflect that Community Residential Homes and Group Homes, Type 2, are allowed as conditional uses in the PC (Planned Commercial) and CBD-RC (Central Business District Railroad Corridor} zoning districts; establishes parking requirements for community residential homes and group homes; and deletes the reference to A.C.L.F's which was repealed by Ordinance 20-08. The amendment is proposed to comport with Florida Statutes 419.001(2}, which states: "Homes of six or fewer residents which otherwise meet the definition of a community residential home shall be deemed asingle-family unit and a noncommercial, residential use for the purpose of local laws and ordinances. Homes of six or fewer residents which otherwise meet the defmition of a community residential home shall be allowed in single-family ar multifamily zoning without approval by the local government, provided that such homes shall not be located within a radius of 1,000 feet of another existing such home with six or fewer residents. Such homes with six or fewer residents shall not be required to comply with the notification provisions of this section; provided that, prior to licensure, the sponsoring agency provides the local government with the most recently published data compiled from the licensing entities that identifies all community residential homes within the jurisdictional limits of http://miweb001/Agendas/Bluesheet.aspx?1temID=2904&Meeting1D=228 1/7/2010 Page 2 of 2 the local government in which the proposed site is to be located in order to show that no other community residential home is within a radius of 1,000 feet of the proposed home with six or fewer residents. At the time of home occupancy, the sponsoring agency must notify the local government that the home is licensed by the licensing entity." A detailed description and analysis of the proposal is contained within the attached Planning and Zoning Board staff report of November 16, 2004. REVIEW BY OTFIERS The text amendment was considered at the Planning and Zoning Board on November 16, 2009. No one from the public spoke on the issue. The Board raised the following concern: Since one of the Departments that monitors these facilities is the "Agency for Persons with Disabilities" and residents of sober houses are considered "disabled", and since the Agency for Health Care Administration also licenses detoxification facilities, could these types of facilities then be allowed within the districts added by this ordinance. The Board also questioned if the proposed ordinance could be used to exploit loopholes that were closed with the passage of recent ordinances pertaining to "Transient Residential Uses and the definition of "Family". The Board on a 4 to 3 vote recommended denial (Connor Lynch, Joseph Pike, Al Jaquet and Cary Glickstein voting to deny), based on a failure to make positive findings of fact and law and finding that the request is not consistent with the Comprehensive Plan and does not meet the criteria set forth in LDR Section 2.4.5(M)(5). In addressing the Board's concerns, as noted above, FS 419.001(2) states, "Homes of six or fewer residents which otherwise meet the definition of a community residential home shall be deemed a single-family unit and a noncommercial, residential use for the purpose of local laws and ordinances. The addition of "Group Home Type 1" as a permitted use in the PRD comports with State Law. Further, the number of residents allowed within the Community Residential Homes and Group Hornes is dictated by FS 419.001(1)(a} and 419.001(2} and thus is not governed by the City's definition of "Family". Florida Statutes and the Land Development Regulations have established separation requirements between facilities which safeguards against their concentration in a specific area. The other proposed changes are to achieve consistency throughout the Land Development Regulations. The Board's concerns were subsequently evaluated by the City Attorney's office. The City Attorney's office has determined that the proposed ordinance is not in conflict with the recently adopted ordinances pertaining to "Transient Residential Uses" or the definition of "Family" and does not have any connection to sober houses. RECOMMENDATION By motion, approve on first reading Ordinance 02-10, by adopting the findings of fact and law contained in the Staff Report and fording that the request is consistent with the Comprehensive Plan and meets the criteria set forth in LDR Section 2.4.5{M){5). Attachments: Ordinance No. 02-10 Planning and Zoning Board Staff Report of November 16, 2009 httpa/miweb001/AgendasBluesheet.aspx?ItemID=2904&MeetingID-228 1/7/2010 MEETING DATE: NOVEMBER 1fi, 2©D9 AGENDA NO: V.B AGENDA ITEM. CONSIDERATION OF A CITY-fNITIATED AMENDMENT TO LAND DEVELOPMENT REGULATIONS, BY AMENDING SECTION 4.3.3(1), "COMMUNITY RESIDENTIAL HDMES AND GROUP HOMES", SUBSECTION (4}, "CLASSlFlCATIONS", TO UPDATE THE TABLE PROVIDED THEREIN; AMENDING SECTIONS 4.4.3, "SINGLE I'AMILY RESIDENTIAL (R-1) DISTRICTS", SUBSECTION {D}, 4.4.7, "PLANNED RESIDENTIAL DEVEI..QPMENT {PRD) DISTRICT", SUBSECTION {B); AND 4.4.12 "PLANNE© COMMERCIAL (PC} DITRIC7", SUBSECTIDN (B) 1N ORDER TO CLARIFY THE ZONING DISTRICTS IN WHICH GROUP HOMES AND COMMUNITY RESIDENTIAL HOMES ARE ALLOWED AS EITHER PERMITTED OR CONDITIONAL USES AND AMENDING SECTION 4.5.9 "`OFF-STREET PARI~CING REGULATIONS", SUBSECTION (Gj TO CLARIFY THE PARKING REQUIREMENTS FOR COMMUNITY RESIDENTIAL HOMES AND GROUP HOMES. The item before the Board is to make a recommendation to the City Commission regarding a City-initiated amendment to the Land ©eveiapment Regulations pertaining to Group Homes Type 1, Group Homes Type 2 and Community Residential Homes. Pursuant to Section 1.1.6, an amendment to the text of the Land ©evelapment Regulations may not be made until a recommendation is obtained from the Planning and Zoning Board. The proposed ordinance is to update the City's LDRs to achieve consistency with respect to the zoning districts where Group Homes and Community Residential Homes are allowed. The amendment adds Group Hame Type 1 as a principal use within the PR© (Planned Residential Development) zoning district and clarifies where Community Residential Homes and Group Homes, are allowed as permitted or canditiana[ uses within the Zoning District Table in LDR Section 4.3.3(1). LDR Section 4.3.3{l)(3}(b) defines Community Residential Home as, "a dwelling unit iicensed to serve clients of the Department of Elderly Affairs, the Agency for Persons with ©isakilities, the Department of Juvenile Justice; or Department of Children and Family Services, or a dwelfing unit licensed by the Agency for !-lealth Care Administration, which provides a living environment for 7 to 94 unrelated residents who operate as the functional equivalent of a family, including such supervision and care by supportive staff as maybe necessary to meet physical, emotional, or soda! heeds of the residents." Group Home is defined in LDR Section 4.3.3(I)(3)(c) as, "a home, and/or a building or part thereof, or group of buildings, which has either less than seven (7} residents or more than Planning and Zoning Board Staff Report, November'16, 2D09 Amendment to LDRs Group Homes and Community Residential Homes Page 2 fourteen (94) residents and which is licensed to serve clients of the Department of Elderly . Affairs, the Agency for Persons with Disabilities, the Department of Juvenile Justice department of Children and Families, or the Agency for Health Care administration. " The LDRs distinguish two types of group hames~Group Home Type 9 is a group home of not more than six {6} unrelated residents and Group Home Type 2 is a group home that provides lodging or relates services for fifteen or more unrelated residents. Currently, Group Homes Type 1 are allowed in all residential zoning districts except the PRD {Planned Residential Development} district. The amendment adds Group Home, Type 1 as a permitted use in the PRD zoning district. The proposed change is to comply with State Law which requires that Group Homes, Type 'I (six or fewer residents} be allowed in all residential zoning districts. FS 499.0092} states, "Homes of six or fewer residents which ofhervvise meal the definition of a community residenfia! home shag 6e deemed asingle-family unit and a noncommercial, residential use for the purpose of local laws and ordinances. Homes of six or fewer residents which otherwise meet the definifion of a community residentia! home shall be allowed in single- family ar multifamily zoning without approval by the lace! government, provided that such homes shat! not be located within a radius of 9,000 feet of another exr""sting such home with six or fewer residenfs_ Such homes with six or fewer residents steal! rat he required fo comply with the rtotilication provisions of this secfi©n, provided that, prior to licensure, the sponsoring agency provides the loco! goverr~menf with the most recently published data compiled tram the licensing entities that identifies all community residentia! homes within the jurisdictional limits of the lava! government in which the proposed site is to 6e located in order to show that na other community residential home is within a radius of 9, 000 feet of the proposed home with six or fewer residents. At the time of home occupancy, the sponsoring agency must ratify the local government that the home is licensed by the licensing entity." The proposed amendment deletes the reference to Level I Group Homes under the list of conditional uses in the R-1s zoning district since they are listed as allowed under permitted uses, and adds Group Homes, Type 1 aS a permitted llse in the PC (Planned Commercial) zoning district similarly to the GC (General Commercial) zoning district. Other housecleaning items include modifying the Zoning District Table in Section 4.3.3{l) to accurately reflect that Community Residential Homes and Group Homes, Type 2 are allowed as conditional uses in the PC (Planned Commercial} and CBD~RC (Can#ral Business District Railroad Corridor) zoning districts. Finally, the ordinance establishes parking rettuirements for community residential homes and group homes and deletes the reference to A.C.L.1='s which was repealed via Ordinance 2Q-08. Following are details of the changes: SECTION 4.3.3 SPECIAL REQUIREMENTS FQR SPI=CIPtG USES Within LDR Section 4.3.3 Special Requirements for Specific Uses, the proposed ordinance modifies the Zoning District Table in Section 4.3.3(1){4} "Classifications" The Zoning District Table as currently listed in the LDR's is noted t)elow as Exhibit "A" Planning and Zoning Board StafF Report, November 16, 20D9 Amendment to 1_DRs Group H©mes and Cflmmunity Residential Homes Page A {4) The use of common recreational facilities such as swimming pools and tennis courts, associated with a subdivision, far club or commercial purposes. (5} Single family detached residences in zero lot developments but only in the R-1-A and R-1-AA ©istricts. Section 4.4.7 Planned Residential Development fPRD) District; (B) Principal Uses and Structures Permitted: The following types of use are allowed within the (PRD} District as a permitted use: design (1} Single family detached dwellings whether conventional or zero lot line {2) Duplex structures (3) Multiple Family structures {4) Public educational facilities of The Schaal District of Palm Beach County, pursuant to the regulations set forth in Section x.3.3 (HH} (5) Assisted Living Facilities. L7 Group Home,_Type 1, purs€aan~ to_restrictions set forth_n Section 4.3.3(1}. Section 4.4,12 Planned Commercial [PC) District: (B} Principal Uses and Struc#~ures Permitted: The following types of use are allowed within the PG District as a permitted use, except within the Faur Corners Qveriay District which shall be pursuant to Section 4.4.9(G)(3)(a): (1) Alt uses allowed as such within the GC District [Section 4.4.9(B)(1}through (5) and 7 . (2) Automobile brokerage, including vehicle display within an enclosed structure, but excluding any preparation, service, or repair work. Section 4.6.9 OfF-Street Partcing Regulations Subsection ~C) ,Number of Parking Spaces Required (7) Other Uses: (a) Abused Spouse Residence: One space per sleeping roam plus ane space for each shift employee. (b) ^.~, Residential Licensed Service Provider f=acilities, and Nursing Hamel: Shall provide one space for each four beds. (c) Continuing Care: Facilities shall provide 1.5 spaces per unit. Planning and Zoning Beard Staff Report, November 16, 2©09 Amendment to L©Rs Group Homes and Community Residential Homes Page 5 I (d) Bed and Breakfast Inns: Shall provide one per guest raarn and one for the ~ managerfowner. (e) Hotels and Motels: Shall provide 0.7 of a space for each guest room plus 10 spaces per 1,000 sq.ft. of floor area devoted to ballrooms, meeting rooms, restaurants, lounges, and shops. (f} Broadcast Facilities and Communication f=acilities: Shall provide 419,000 sq.ft. of grass floor area. (g) Bus Stations, Taxi Stations, and Train Stations: Shall provide 311,000 sq.ft. of gross floor area {including storage areas)_ (h) Child Care and Adult Day Care: Shall provide 11300 sq.ft. of gross floor area. (i} Courts, Courthouses and Related Facilities: Shall provide 11150 sq.ft.[net} of courtroom space plus 11250 sq.ft. {gross) of non-courtroom area, excluding walls, elevators, stairwells, and mechanical equipment areas. (j) lE=uneral Homes: Snail provide 411,000 sq.ft. of gross floor area plus 0.31each seat in the chapel, if any. (k) Marinas: Shall provide 511,000 sq.ft. of gross' floor area of any branding devoted to marina use plus 1lslip. {t) Community Residential_Homes and Group Homes: Group Homes, Tyrpe 1„ shall provide two spaces per dwelling .unit. Community Residential Homes and Group Homes, Type 2 shall provide one space for each four beds. _~-,--w- _ -- --- ~~_.. LDR Section 2.4.a M 5 Findin s : Pursuant #o LDR Section 2.4.5[M)[5) (Findings), ire addition to LDR Section 1.1.5[A), the City Commission must make a finding that fine text amendment Is consistent with and furthers the Goals, Objectives and Policies of the Comprehensive Pian. Comprehensive Plan Policies: The goals, objectives and policies of the Compr~h_ensive Plan were reviewed and the fallowing applicable objective and policy were noted: Housing Element Objective B-2 states, "Redevelopment and the development of new [and shall result in the provision of a variety of housing types and other amenities (i.e. bike trails, parks, sidewalks) to accommodate the diverse economic makeup of the City's demographic profile, and meet the housing needs of all residents. Policies which will implement this objective include:,' Policy B-Z.4 Foster care homes shall be permitted in all residential zoning districts. Community Residential Homes and other group home facilities that are licensed by the state shat[ be a Planning and Zoning Board Staff Report, Novernber'E6, 2009 Amendment to L©Rs Group Homes and Community Residential Homes Page fi permitted ar conditional use in the City's residential zoning districts, based upon their size and level of intensity. The proposed amendment will further this Objective and Policy. Therefore, a positive finding can be made that the amendment is consistent with and furthers the Goals, Objectives, and Policies of the Comprehensive Plan. The Pineapple Grove Main Street committee reviewed the amendment at their November 4, 20©S meeting and recommended approval. The Dv~rntvrtrn Developmenf Authority (DDA) reviewed the amendment at their November 9, 2©09 meeting and recommended approval. The West Atlantic Redevelopment Coalition (WARC) reviewed the amendment at their November 11, 2©09 meeting and recommended approval The Community Redevelopment Agency (CRA) reviewed the amendment at their November 12, 2Q09 meeting and recommended approval. Courtesy Illatices: Courtesy notices were provided to the following homeowner and civic associations: Neighborhood Advisory Council t.etters of abjection and support, if any, will be provided at the Planning and Zoning Board meeting. Pursuant to LQR Section 2.4.5{M){5}, approval of an LDR amendment must be based upon a finding that the amendment is consistent with and furthers the Goals, Objectives, and Policies of the Comprehensive Plan. As noted previously, #his amendment is being initiated more for "consistency" and "housekeeping" purposes although it wilt fulfill a specific Objective and Policy of the Comprehensive Plan. Move a recommendation of approval to the City Commission far acity-initiated amendment to Land t7evelapment Regulations as reflected in the attached Drdinance, by adopting the findings of fact and law contained in the Staff Report and finding that the request is consistent with the Comprehensive Plan and meets the criteria set forth in LDR Section 2.4.5(M}{5). Attachments: Proposed Ordinance Page 1 of 1 MEMORANDUM TO: FROM: DATE: Mayor and City Commissioners David T. Harden, City Manager January 12, 2010 SUBJECT: AGENDA ITEM 10.E. -REGULAR COMMISSION MEETING OF JANUARY 19, 201{1 ORDINANCE NO. 05-10 ITEM BEFORE COMMISSION This ordinance is before Commission for second reading to consider achy-initiated amendment to the Land Development Regulations (LDR} Section 2.4.7(G}, "Requests far Reasonable Accommodation", to provide an exception to the property address requirement on the "Request Form for Reasonable Accommodation". BACKGROUND At the frst reading on January 5, 2010 the Commission passed Ordinance No. 05-10. The ordinance was revised for the exception to apply to the address of the applicant as well as the address where the accommodation is requested; this revised Ordinance No. 05-10 is before Commission for approval on second reading. RECOMMENDATION Recommend approval of Ordinance No. OS-10 on second and fmal reading. http://miweb001/Agendas/Bluesheet.aspx?1temID=2940&Meeting1D=230 1/15/2010 ORDINANCE N0.05-10 AN ORDINANCE OF THE QTY COMMISSION OF THE QTY OF DELRAY BEACI-~ FLORIDA, AlVII;NDING CHAPTER TWO, "ADMINISTRATIVE PROVISIONS", OF THE I:AND DEVELOPMENT REGULATIONS OF THE QTY OF DELRAY BEACH, BY AMENDING SECTION 2.4.7(G), "REQUESTS FOR REASONABLE ACCOMMODATION", IN ORDER TO AMEND THE REQUEST FORM FOR REASONABLE ACCOMMODATION FROM THE LAND DEVELOPMENT REGULATIONS; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WPIEREAS, pursuant to LDR Section 1.1.6, the Plaruvng and Zoning Boyd reviewed the proposed text amendment at a public hearing held on December 21, 2404 and voted 6 to 0 to recomrx~nd that the changes be approved and WHEREAS, pursuant to Florida Statute 163.3174(4)(c), the Planning and Zoning Board, sitting as the Local Planning 7, has determined that the change is consistent with and furthers the goals, objectives and palicies of the Comprehensive Plary and NOW THEREFORE, BE IT ORDAINED BY THE QTY COMMISSION OF THE QTY OF DELRAY BEACH, FLORIDA AS FOLLOWS: Section 1. That Section 2.4.7(G), "Requests for Reasonable Accomz~nodation", shall be amended to read as follows: (G) Requests for Accommodation. (1) Purpose. The purpose of this section is to implement a procedure for processing requests for reasonable accommodation to the City's Code of Ordinances, Land Development Regulations, Rules, Policies, anal. Procedures for persons with disabilities as provided by the federal Fair Housing Azxiexidn~nts Act (42 U.S.C. 3601, et. seq.} ("FHA") and Title II of the Americans with Disabilities Act (42 U.S.C. Section 12131, et. seq.} ("ADA"}. For p~poses of this sectior~ a "disabled" pa.~son is an individual that qualifies as disabled and/or I~mdicapped under the FHA and/or ADA. Any person who is disabled (or qualifying entities) may request a reasonable accommodation with respect to the City's Land Development Regulatians, Code of Ordinances, rules, policies, practices and/or procedures as provided by the FHA and the ADA pursuant to the procedures set out in this section (2) Notice to the Public of Availability of Accommodation. The City shall display a notice in the Cit~s public notice bulletin board (and shall maintain copies available far review an the Planning and Zoning Deparlrx~~t, the Building Deparl~x~ent, and the City ClerKs Office), advising the public disabled individuals (and qualifying entities} may request a reasonable accommodation as provided herein. (3) Application. A request by an Applicant for reasonable accommodation under this section shall be either oral or written A written request may be submitted by completion of a reasonable accommodation request form, which form is maintained by (and shall be submitted to) the Deparhr~etlt of Planning and Zoning (" 1'8rZ"). The reasonable accommodation form shall contain such questions and requests for information as are necessary for processing the reasonable accommodation request. The reasonable accommodation request form shall be substantially in the form set forth in Subsection 2.4.7(G} (8), below {a) Confidential lrnforxz~ation. Should the information provided by the disabled individual to the City include medical information or records, irlcltading records indicating the medical condition, diagnosis or medical history of the disabled individual, such individual may, at the time of submitting such medical information, request that the City, to the extent allowEd by law, treat such medical information as confidential information of the disabled individual. The City shall thereafter endeavor to provide written notice to the disabled individual, and/or their representative, of any request received by the City fo: clisclosure of the medical information or docun-ientation which the disabled ir-dividual has previously regt~s~ted be treated as confidential by the City. The City will cooperate with the disabled individual, to the extent allowed by law, in actions initiated by such individual to oppose the disclosure of such xr~edical information or documentation, but the City shall have xio obligation to initiate, prosecute or puts any such action, or to incur any legal or other expenses (whether by retention of outside counsel or allocation of internal resources) in connection therewith, and may comply with any judicial order without prior notice to the disabled individual. (b) Fee. There shall be no fee imposed by the City in connection with a request for reasonable accommodation under this section or an appeal of a dei~errrunation on such request to the City Council, and the City shall have no obligation to pay a requesting party's (or an appealing part3fs, as applicable) attorneys fees or costs in connection with the regilest, or an appeal. (c} City Assistance. The City shall provide such assistance and accommodation as is ~d p~s~aant to FHA and ADA in connection with a disabled person's request for reasonable accommodafion, including, without liirritation, assistance with reading application questions, responding to questions, completing the foray filing an appeal, and appearing at a hearing, etc., to ensure the process is accessible. 2 ORD. N0.05-10 {4) Findings for Reasonable Accomrngdation. Irt determining wbether the xleasonable accommodation recast shall be granted or denied, the requesting party shall be required to establish that they are protected under the FHA and/or ADA by demonstrating that they are handicapped or disabled, as defined in the FHA and/or ADA. Although the definition of disability is subject to judicial interpretation, fox purposes of this ordnance the disabled individual must show: (i) a physical nr mental irn=airn,Pr,t which substantially limits one or more major life activities; (ii} a record of having such imp airir~nt; or {iii) that they are regarded as having such ilr~paiin~~t. Next, the requesting party will have to derrionstrate that the proposed accommodations being sought are reasonable and necessary to afford handicapped/csabled persons equal opportunity to use and ergoy housing. The foregoing (as interpreted by the Courl~} shall be the basis for a decision upon a reasonable accommodation request made by the City Manager, or his/her designee, or by the City Commission in the event of an appeal (5) Notice of Proposed Decision. The City Manager, or his/her designee, shall have the authority to consider and act on recasts for reasonable accommodation, after notice and public hearing to receive comments, input and information from the public (provided, however, the City Manager, nr his/her designee, shall not be required to rencler their decision at said public hearing). When a reasonable accommodation request form has been completed and submitted- to the Planning and Zoning Deparh~nt, it will be referred to the City Manager, or his/her designee, for review and consideration. The City Manager, or his/her designee, shall issue a written determination wlthin fort flue (45) days of the date of receipt of a completed application and may, in accordance with federal law, (1) grant the accommodation request, (2) grant a portion of the request and deny a portion of the request, and/or impose conditions upon the grant of the request, or (3) deny the request, in accordance with federal law Any such deazial shall be in writing and shall state the grounds therefor. All written detenxainations shall give notice of the right to appeal The notice of determination shall be sent to the requesting party {i.e. the disabled individual or his/her represe~~tative) by certified mail, rehun receipt requested. If reasonably necessary to reach a detes~nination on the request far reasonable accommodation, the City Manager, or his/her designee, may, prior to the end of said forty-five (45) day period request additional infom~ation from the requesting party, specifying in sufficient detail what information is required. The requesting party shall have fifteen (15) days after the date of the request for additional information to provide the requested information. In the event a request for additional information is made, the forty-five (45) dayperiod to issue a written. determination shall no longer be applicable, and the City Manager, or his/her designee, shall issue a written determination within thirty (30) days after receipt of the additional information If the requesting early fails to provide the requested additional inforration within said fifteen {3.5} day period, the City Manager, or his/her designee, shall issue and written. notice advising that the rec~'ting party had failed to timely submit the additional information and therefore the request for reasonable accommodation shall be deemed abandoned 3 ORD. N0.45-10 and/or withdrawn and no further action by the City with reed to said reasonable accommodation request shall be required (b) Appeal. Within thirty (30) days after the City Manager's, or his/her designee's, determination an a reasonable accommodation request is mailed to the requesting party, such applicant may appeal the decision. All appeals shall contain a statement contaixring sufficient detail of the grounds for the appeal Appeals shall be to the City Commission who shall, after public notice and a public hearing, render a determination as soon a5 reasanablypracticable, but in no event later than sixty (60) days after an appeal has been filed. {7) Stay of Enforcement. While an application for reasonable accommodation, or appeal of a determination of saner, is pending before the City, the City will not enforce the subject zoning ordinance, rules, policies, and procedures against the Applicant. (S) Request Form far Reasonable Accommodation. {a) Contents of Reasonable Accommodation Request Form: 1. Name of Applicant, 2. Telephone Number, 3. Address of applicant, (unless you are goven~edby42 U.S.C. $2.90dd, in which case you are not required to provide an address bust you may be 4. Address of housing or other location. at which accommodation is reques~ked, (unless you are governed bar 42 U.S.C. ,~ 90dd, in which case .y_~tz,are not rred to rrrovide an address but ~u may be r~~c-ues~ted to vide clocurnentafion to substantiate ~ claim that u are veined by this sectianl, 5. Describe qualifying disability or Handicap, 6. Descrrbe the accommodation and the specific rregulation(s) and/or procedrare(s) from which accommodation is sought, 7. Reasons the reasonable accommodation may be necessary for the individual with disabilities to use and enjoy the housing or other service, S. Name, address and telephone number of rrepresentative, if applicable, 9. Other relevant inf ormation pertaining to the disability or property, 10. Signature of Disabled lndividual or Representative, if applicable, or Qualifying Entity, I1. Date of Application. Section 2. That should any section or provision of this ozrlinance or any portion thereof, any paragraph, sentence, clause or vwrd be declaz~ed by a court of competent jurisdiction to be invalid, such 4 ORD. N0.05-10 deci4on shall not affect the validity of the remainder hereof as a whole or part hereof other than. the declared invalid Secfion 3. That all ordinances or parks of ordinances in conflict herewith be, anal the sazx~ az~e hereby repealed Section ~. That this ordinance shall become effective upon its passage on second and final reading. PASSED AND ADOPTED in regular session on second and final. reading on this the clay of __ __ -, 2010. ATTEST: MAYOR City Qerk First Reading Second Reading 5 ORD. N0.05-10 Page 1 of 1 MEMORANDUM TO: Mayor and City Commissioners FROM: MARK MCDONNELL, AICP, ASST. DIR. PLANNING AND ZONING PAUL DORLING, AICP, DIRECTOR PLANNING AND ZONING THROUGH: CITY MANAGER DATE: December 29, 2009 SUB3ECT: AGENDA ITEM 12.C. -REGULAR COMMISSION MEETING OF JANUARY 5, 2©1Q ORDINANCE NO.OS-10 ITEM BEFORE COMMISSION Consideration of acity-initiated amendment to Land Development Regulations (LDRs) that will provide an exception to the property address requirement on the "Request Form far Reasonable Accommodation." BACKGROUND The applicant's address is requested on the current Reasonable Accommodation Request Form. This amendment provides an exception to this requirement if an applicant is governed by 42 U.S.C. §290.d.d. This section (42 U.S.C. § 290.d.d.) deals with confidentiality of personally identifying health information. If this exception is requested, the applicant will be required to provide documentation to substantiate the claim that he/she is governed by this section. REVIEW BY OTHERS The Planning and Zoning Board considered the amendment at their regular meeting on December 21, 2009 and recommended approval on a vote of b - 0. RECOMMENDATION By motion, approve on first reading Ordinance No. OS-10 the city-initiated amendment to the Land Development Regulations, by adopting the findings of fact and law contained in the staff report and fording that the amendment is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(M) of the Land Development Regulations. http://miweb001/AgendasBluesheet.aspx?ItemID=2908&MeetinglD=228 1/11/2010 _~ ,~ PLANNING AND ZONING BDARD STAFF REPORT MEETING DATE: DECEMBER 2"I, 2009 AGENDA NO: IV.E. AGENDA ITEM: CONSIDERATION OF ACITY-INITIATED AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS (LDR], AMENDING CHAPTER TWO, "ADMINISTRATIVE PROVISIONS" OF THE LAND. DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, BY AMENDING SECTION 2.4.7(G), "REQUESTS FOR REASONABLE ACCOMMODATION" ~ ITEM BEFORE THE'BOARD The item before the Board is to make a recommendation to the City Commission regarding acity- initiated amendment to the Land Development Regulations (LDRs) that will provide clarification with respect to current information requested on the "Request Form for Reasonable Accommodation." Pursuant to Section 1.1.6, an amendment to the text of the Land Development Regulations may not be made until a recommendation is obtained from the Planning and Zoning Board. BACKGROUNI7IANALYSIS _ __ The applicant's address is requested on the current Reasonable Accommodation Request Form. This amendment provides an exception to this requirement if an applicant is governed by 42 U.S.C. §290.d.d. This section {42 U.S.C. § 290.d.d.} deals with confidentiality of personally identifying health information, If this exception is requested, the applicant will be required to provide documentation to substantiate the claim that helshe is governed by this section. REQUIRED F{NDINGS Compreher~slve Plan Conformance LDR Section 2.4.5{M}(5} (Findings) requires that the City Commission make a finding that the text amendment is consistent with and furthers the Goals, Objectives and Policies of the Comprehensive Plan. A review of the Comprehensive Plan was performed, and while there are no specific Goals, Objectives or Policies that are relevant, it is noted that the proposed amendment is not inconsistent with #hem. ------ I REIIJEW BY DTHERS ' '` Courtesy Nofices A courtesy notice was provided to the Neighborhood Advisory Council. Letters of objection and support, if any, will be provided at the Planning and Zoning Board meeting. Planning and Zoning Board Meeting, ^ecember21, 2009 LDR Amendment -Reasonable Accommodation ' ALTERNAT!'1I1= ACTtaNS A. Continua with direction. B. Move a recommendation of approval to the City Commission of the amendment to Land Development Regulations, Section 2.4.7(G}, "Requests far Reasonable Accommodation", by adopting the findings of fact and law contained in the staff report, and finding that the text amendment and approval thereof is consistent with the Comprehensive Plan and meets the criteria set forth in LDR Section 2.4.5(M). C. Move a recommendation of denial to the City Commission of the amendment to Land by Development Regulations, Section 2.4,7(G}, "Requests for Reasonable Accommodation", adopting the findings at fact and law contained in the staff report, and finding that the text amendment and approval thereof is inconsistent with the Comprehensive Plan and does not meet the criteria set forth in LDR Section 2.4.5{M) (motion to be made in the affirmative). RECOMMENDED ACTION Recommend approval of the amendment to Land Development Regulations, Section 2.4.7(G), "Requests for Reasonable Accommodation", by adopting the findings of fact and law contained in the staff report, and finding that the text amendment and approval thereof is consistent with the Comprehensive Plan and meets the criteria set forth in LDR Section 2.4.5{M). Attachment: ^ Proposed ordinance 2 Planning and Zoning Board Meeting, December 21, 2009 LDR Amendment -Reasonable Accommodation ORDINANCE N0.05-10 AN ORDINANCE OF THE QTY COMMISSION OF THE QTY OF DELRAY BEACH, FLORIDA, AMENDING CF IAI''T ER TWO, "ADNIINISTRATIVE PROVISIONS", OF THE LAND DEVELOPMENT REGULATIONS OF THE QTY DF DELRAY BEACH BY AMENDING SECTION 2.4.7(G), "REQUESTS FOR REASONABLE ACCOMMODATION", IN ORDER TO AMEND THE REQUEST FORM FOR REASONABLE ACCOMMODATION FROM THE LAND DEVELOPMENT REGULATIONS; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WI-IEREAS, pucsuar-t to LDR Section 1.1.6, the Planning and Zoning Board reviev~ed the proposed text arnpnc~rnPnt at a public hearing held on and voted to to recommend that the changes be approved; and WHEREAS, pursuant to Florida Statute 163.3174(4)(c}, the Planning and Zoning Boarcli sitEixtg as the Local Planning Ageruy, has determined that the change is consistent with and furthers the goals, objectives and policies of the Comprehensive Plan; and NOW THEREFORE, BE IT ORDAINED BY THE QTY COMMISSION OF THE QTY OF DELRAY BEAC[~, FLORIDAAS FOLLOWS: Section 1. That Section 2.4.7(G), "Requests for Reasonable Accommodation", shall be arr~xtded to read as follow: (G) Requests for Accommodation. (1) Purpose. The purpose of this section is to implement a procedure for procass7ng requests for reasonable accommodation to the City's Code of Ordinances, Land Development Regulations, Rules, Policies, and Procedures for persons with disabilities as provided by the federal Fair Housing Amenclmertts Act (42 U.S.C. 3601, et. seq) ("FHA") and Title II of the At1~licans with Disabilities Act (42 U.S.C. Section 12131, et. seq.) ("ADA"). For purposes of this section, a "disabled" person is an individual that qualifies as disabled and/ar handicapped under the FHA and/or ADA. Any person who is disabled (or qualifying entities) may request a reasonable accommodation with respect to the City's Land Development Regulations, Code of Ordinances, rules, policies, practices and/or procedures as provided by the FHA and the ADA pursuant to the procedures set out in this section (2} Notice to the Public of Availability of Accommodation. The City shall. display a notice in the Cit~s public notice bulletin board (and shall maixttain copies available for review in the I'lanriing and Zoning Deparf~nent, the Building Deparhnent, and the City Clerl~s Office), advising the public disabled 3 Planning and Zoning Board Meeting, December 21, 2009 LDR Amendment -Reasonable Accommodation individuals (and ~g entities) znay request a reasonable acconunodation as provided herein (3} Application. A request by an Applicant far reasonable accommodation under this section shall be either oral or written A written request maybe submitted by conmplekian of a reasanable accon>tnadation request foxnm, which form is maintained by (and shall be submitted to} the Depari~r~nt of Planning and Zoning (`q'&Z"). The reasonable accommodation form shall contain such queslaons and requests for information as are necessary for processing the reasonable accommodation request. The reasonable accommodation request form shall be substantially in the forrx~ set forth in Subsection 2.4.7(G} {8}, below (a} Con#iderltial Infvrmatiori. Should the information provided by the disabled individual to the City include medical infonriatian or records, including z~ecords indicating the rr~cli,cal condition, diagnosis ar nmedical history of the disabled individual, such individual may, at the tinme of submitting such medical information, x°t that the City, to the extent allowed by law, treat such medical infozxxmation as confidential information of the disabled individual. The City shall thereafter endeavor to provide written notice to the disabled. individual, and/or their representative, of any request received by the City for disclosure of the medical information or doc~rer~ntation which the disabled individual has previously requested be treated as confidential by the City. The City will cooperate with the disabled individual, to the extent allowed by law, in actions initiated by such individual. to oppose the disclosure of such nmedical information or docurr~ltation, but the City shall have no obligation to initiate, prosecute or pursue any such action, or to incur any legal ar other expenses (whether by retention of outside counsel or allocation of internal resources) in connection therewith, and may comply with any judicial order wlthout prior notice to the disabled individual (b) Fee. There shall be no fee irrtposed by the City in connection with a request far reasonable accorrunodation under this section or an appeal of a det~en~~mation on such request to the City Counal, and the City shall have no obligation to pay a regtaesting party's (or an appealing parts, as applicable) attorneys fees or costs in connection with the request, or an appeal (c) City Assistance. The Cityshall provide such assistance and accommodation as is required pursuant to FHA and ADA in connection with a disabled person's request for reasonable accommodation, including, without 4 Planning and Zoning Board Meeting, December 21, 2009 LDR Amendment -Reasonable Accommodation limitation, assistance with reading application questions, responding to goestions, completing the fozm, filing an al7peal, and appearing at a hearing, etc., to ensue the process is accessible. (4) Findings for Reasonable Accommodation. In determuutlg whether the reasonable accommodation request shall be granted or denied, the requesting party shall be required to establish that they are protected under the FHA and/or ADA by demonstrating that they are handicapped or disabled, as defined in the FHA and/or ADA Although the definition of disability is subject to judicial interpretation, for purposes of this orclinance the disabled individual must show (i) a physical ar mental imp airrr,P„t which substantially limits one ar more major life activities; (ii} a record of having such in-+p a;rn-~„t; or {iii) that they are regarc~d as having such imp airmpnt. Next, the rechig party will have to demonstrate that the proposed accommodations being sought are reasonable and necessary to afford handicapped/disabled persons equal opportunity to use and enjoy housing, The foregoing (as interpreted by the Courts) shall be the basis for a decision upon a reasonable accommodation request made by the City Manager, or his/her designee, or by the City Cornrriis~ion in the event of an appeal. (5) Notice of Proposed Decision. The City M~mager, or his/her designee, shall have the authority to consider and act on requests for reasonable accommodation, after notice and public hearing to receive cornn~nts, input and information from the public (provided, hover, the City Manager, or his/her cle5igr-ee, shall not be regiured to render their decision at said public heaving). When a reasonable accommodation request form has been completed and submitted to the Plaru~ing and Zoning Deparh~~ent, it will be referred to the City lVlanagor, or his/her designee, for revie~r and consideration The City Manager, or his/her designee, shall issue a written detonation within forty- five (45) days of the date of receipt of a completed application and may, in accordarce with federal law, (1) grant the accommodation request, (2) grant a portion of the request and deny a portion of the request, and/or impose conditions upon the grant of the request, ar (~) deny the request, in accordance with federal law: Any such der-ial shall be in writing and shall state the grounds therefor. All written detei~ninations shall give notice of the right to appeal The notice of determination shall be sent to the requesting party (i.e. the disabled individual or his/her represer-tative) by certified mail, return receipt requested If reasonably necessary to reach a determination on the request for reasonable accorntrx~dation, the City 1V1<~nager, or his/her designee, may, prior to the end of said fort~five (45) day period, request additional information from the reques~tir-g party, specifying in sufficient detail what information is required. The requesting party shall have fifteen (15) days after the date of the request for additional information to provide the requested information. In the event a request for additional infornation is made, the forty-five (45) dayperiod to issue a written deteination shall no longer be applicable, and the City Manager, or his/her designee, shall issue a written detern~dnation within thirty (30) days after receipt of the additional information. If the requ+estulg party fails to provide the 5 Planning and Zoning Board Meeting, December 27 , 20x9 LDR Amendment -Reasonable Accommodation requested additional information within said fifteen (15) day period, the City Manager, or his/her designee, shall issue and written notice advis7ng that the requesting party had failed to timely submit the additional. inforn~tion and therefore the request for reasonable accommodation shall be deerr~d abandoned and/or withdrawn and no further action by the City with regard to said reasonable accommodation req~~st shall be regt~red. (6} Appeal. Within thirty (30) days after the City Manager`s, or his/her designee's, determination on a reasonable accommodation request is mailed to the requesting party, such applicant may appeal the decision All appeals shall. contain a staten~nt containing sufficient detail of the grounds for the appeal. Appeals shall be to the City Carrurussion who shall, after public notice and a public hearing, render a determnation as soon as reasonably practicable, but in no event later than sixty (60} days after an appeal has been filed. (~ Stay of Enforcement. While an application far reasonable aceorr~modation, or appeal of a determination of sarr~, is pending before the City, the City will not enforce the subject zoning ordinance, rules, policies, and procedures again5~t the Applicant. (8) Request Farm for Reasonable Accommodation. (a) Contents of Reasonable Accommodation Request Form: 1. Narr~ of Applicant, 2. Telephone Ntmiber, 3. Address, (unless ~u are governed by 42 U.S.C. ~290dd, in claim that ~u are governed by this section), 4. Address of housing or other location at which accommodation is t~ 5. Descnbe qualif ying disability ar handicap, 6. D~°be the accommodation and the specific regulation{s) and/or pracechme(s} from which accarrm rodation is sought, 7. Reasons the reasonable accanunadatian may be necessary for the individual with disabilities to use and errrjoy the housing or other service, 8. Name, address and telephone number of representative, if applicable, 9. Othex relevant information pertaining to the disability or 1~1~'tY~ 10. Signature of Disabled Individual. or Representative, if applicable, or Qualifying Entify, 11. Date of Applicafion Section 2. `That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, clause or word be declared by a court of competent j urisdictian to be invalid, S Planning and Zoning Board Meeting, December 21, 2009 LDR Amendment -Reasonable Accommodation such decision shall rat affect the validity of the remainder hereof as a whole or part hereof other than the part declared invalid Section 3. That all ordinances or parts of ordinnarlces in conflict herewith be, and the same are hereby repealed Section 4. That this orclinance shall becor~ effective upon its passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the day of . 2Q09. ATTEST: MAYOR City CLexk First Reading Second Reading 7 Page 1 of 1 MEMORANDUM TO: Mayor and City Commissioners FROM: R. Brian Shutt, City Attorney DATE: January 12, 2010 SUBJECT: AGENDA ITEM 12.A. -REGULAR COMMISSION MEETING OF JANUARY 19, 2©10 ORDINANCE NO.6-10 ITEM BEFORE COMMISSION The item before the Commission is Ordinance 06-10 which amends Section 53.064 of the Code of Ordinances by removing redundant size limits on above ground storage tanks from this section. BACKGROUND The Commission amended Section 96.46 of the Code of Ordinances in February 2009 to bring its requirements regarding above ground storage tanks up to date. Section 53.064(B) of the Code of Ordinances provides that Sections 96.40 --- 96.47, along with Federal requirements, apply to Chapter 53. The language contained in Section 53.064(B}(2) is not needed in light of the previous changes made to Section 96.46, therefore, staff is seeking to delete it as it could be in conflict with the requirements set forth in Sec. 96.46. RECOMMENDATION Staff recommends approval of Ordinance 06-10. http://miweb001 /AgendasBluesheet.aspx?ItemID=2945&MeetinglD=230 1/15/2010 ORDINANCE NO.Ob-14 AN ORDINANCE OF THE QTY COM[VI<SSION OF THE QTY OF DELRAY BEACI~ FLORIDA, AMENDING CHAPTER 53, "SANI'T'ARY SEWERS", OF THE CODE OF ORDINANCES BY AMENDING SECTION 53.064, "PREVENTION OF ACCIDENTAL DISCIARGES", AND RENUMF~ERING THE REMAINING PARAGRAPHS TO MAKE THIS SECTION CONSISTENT WITH OTHER ORDINANCE SECTIONS REGARDING ABOVE-GROUND STORAGE TANKS AND TO UPDATE REFERENCES TO OTHER REGULATORY SECTIONS; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the City of Delray Beach desires to modify Phis section in order to rr~ak+e it consistent with other City ordinances regarding above-ground storage tanks. NOW, THEREFORE, BE IT ORDAINED BY THE QTY COM[V1ISSION OF THE QTY OF DELRAY BEAQ-I, FLORIDA, AS FOLLOWS: Section 1. That Chapter 53, "Sanitary Sev+~-s", of the Code of Ordinances of the City of Delray Beach as amended by ain,ending Section 53.06, „Prevention of Accidental Discharges", to read as f ollaws: Sec. 53.064. PREVENTION OF ACCIDENTAL DISCHARGES. (A} Where determined by the Director, a user shall provide protection from accidental discharge of restricted and prohibited materials or other substances regulated by this Chapter. Facilities to prevent accidental discharge of prohibited and restricted materials shall be provided and maintained at the owner's expense. {B} Prevention of accidental discharges requires, but is not limited to, providing secondary containment for storage of potentially hazardous and/oz regulated materials. The containment requirements are those naw specified in, but not limited to, 40 CFR 264.170 through 176, City of Delray Beach Code of Ordinances . ,Sections 96.44 through 96.47,_Article_ 14, Chapter B, Section 6, Subsection C of the Palm Beach County Unified Land Development Code. Containment requirements must also meet or exceed the following criteria of this subchapter: {1 } ~Contairtrnent Yolunze.] Containment volume to be provided shall be one hundred fifty {150} percent of the total stored material. rnn nnm ,~.,tt,..,.. v ~>,,.,.~.,.,,a ~~ nnm R.,tt„~~ e.,,.~.., ,.,:,+e,a .,. ,. ~;tis {~ ~ Storage Sheltering. All outdoor storage shall be sheltered fiom rainfall, or a suitable means of removing rainwater from secondary containment areas shall be provided. {4} ~ Conditio~rs of the Stored Vessel All stored containers shall be maintained in sound condition. No rust, corrosion or other signs of deterioration of the primary containment wall shall be permitted. All stored containers shall be closed and sealed during storage. {~} ~ Seg,°egation of Chemically Reactive Contents. Materials which are potentially reactive with each other shall not be stored in the same containment area, unless physical barrier separations are provided within the common area. {~} ~ Stand-by Materials/Equipment. Absorbents and pumps for pumping out spills shall be available when needed. {~} ~ Design of Containment Floor/Base. The floor or base of the containment area on which the stored vessels rest shall either be sloped or raised or provided with a drain faucet to prevent or minimize contact between the storage container wall and spilled content. {&} `'~ Materials of Construction for Containment. The walls, sidings and floor or base of the containment area shall be constructed of materials which are chemically inert with the stored materials and which render the provided contaimment volurne leak proof. {C) On the request of the City, the user shall be required to submit detailed plans showing facilities and operating procedures to provide this protection. All required users shall complete this plan within ninety {90) days after notification by the City. if further required by the City, a user who commences contribution to the Public Sewers after the effective date of this Chapter shall not be permitted to introduce pollutants into the system until accidental discharge procedures have been approved by the City. Review and approval of those plans and operating procedures shall not relieve the industrial user from the responsibility to modify the user's facility as necessary to meet the requirements. {D) In tlae case of an accidental discharge, it is the responsibility of the user to immediately notify by telephone the Director, the Executive Director, and the City. The notification shall include location of discharge, type of material, concentration and volume, and corrective actions. Section 2. 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 3. That all ordinances or parts of ordinances in conflict hez~ewith be, and the sarx~ are hereby repealed Section 4. That this ordinance shall become effective immediately upon passage on second and final PASSED AND ADOPTED in regular session on second and final. reading on this the day of .2010. ATTEST: MAY o R City Clerk z oRD. No. 0-10 Fixs~ Reading Second Readin 3 ORD. NO. p6-1~