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01-05-10 Regular Meeting
City of Defray Beach Regular Commission Meeting RULES FOR PUBLIC PARTICIPATION Tuesday, .January 5, 2010 1. PUBLIC COMMENT: The public is encouraged to offer comments with the order Regular of presentation being as follows: City Staff, public comments, Commission discussion Meeting 6:00 and official action. City Commission meetings are business meetings and the right to p.m. limit discussion rests with the Commission. Generally, remarks by an individual will Public be limited to three minutes or less. The Mayor or presiding officer has discretion to Hearings 7:00 adjust the amount of time allocated. p.m. Delray Beach City Hall A. Public Hearings: Any citizen is entitled to speak on items under this section. B. Comments and Inquiries on Non-Agenda Items from the Public: Any citizen is entitled to be heard concerning any matter within the scope of jurisdiction of the Commission under this section. The Commission may withhold comment or direct the City Manager to take action on requests or comments. C. Regular Agenda and First Reading Items: Publie 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 Conunission 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. 140 N.W. 1st Avenue Delray Beach, The Ciry will furnish auxiliary aids and services to afford an individual with a Florida 33444 disability an opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the City. Contact Doug Smith at 243-7D10, 24 Phone: (561) hours prior to the event in order for the City to accommondate your request. 243-7000 Adaptive listening devices are available for meetings in the Commission Fax: (5G1) Chambers. 243-3774 REGULAR MEETING AGENDA ROLL CALL 2. INVOCATION 3. PLEDGE OF ALLEGIANCE TO THE FLAG A. NONE 4. AGENDA APPROVAL 5. APPROVAL OF MINUTES: A. December l.. 2009 - Regular Meeting, B. December S, 2009 -Regular Meeting 6. PROCLAMATIONS: A. Martin Luther King, .Ir. Day - .Ianuary 18, 2010 B. Delray Beach Poetry Week -January 18-23, 2010 C. Mental Health Month -January 2010 7. PRESENTATIONS: A. "You are Not Alone" --Dave and Creig Smith B. Site Plan Review and Appearance Board (SPRAB) Awards 8. CONSENT AGENDA: City Manager Recommends Approval A. FINAL SUBDIVISION PLAT APPROVAL/WORTHING PLACE BLOCK 77 REPEAT: Approve the final boundaryplat for Worthing Place Block 77 Replat, located_ at 32 S.E. 2nd Avenue. B. CHANGE ORDER NO. SIWEST CONSTRUCTION, INC.IMII,LER PARK IMPROVEMENTSApprove Change Order No. 8 in the amount of $14,332.54 to West Construction, Inc., to install Celebration Bermuda_ Sod as a substitute for Tiffway Bermuda 419 Sod, for the Miller Park Proiect. Funding is available from 334-4173-572-63.90 (General Construction FundlImprovernents OtherlOther Improvements . C. CONSENT TO ASSIGNMENT FROM GLATTING JACKSON KERCHER ANGLIN TO AECOM TECHNI=CAL SERVICES: Approve the Consent to Assignment of the professional services agreement dated April 7, 2007 from Glattin~ Jackson Kercher An~lin~ Inc. to AECOM Technical Services. D. TAKEOVER AGREEMENT/COMMERCIAL INSURANCE ALLIANCE COMPANY: A rave a Takeover Agreement with Commercial Insurance Alliance Company (Surety1, 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. E. HOLD HARMLESS AGREEMENTS/HAPPY TOGETHER PLAT: Approve a Hold Harmless Agreement between the Citv and Herbert Sainio, associated with the Happy Together Plat located at the northwest corner of N.W. 4th Avenue and N.W. 9th Street. F. HOLD HARMLESS AGREEMENT/STANMORE 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. G. RESOLUTION NO. O1-10: Approve Resolution No. O1-10 assessing costs for abatement action required to remove nuisances on 24 properties throughout the Cites H. AGREEMENTIFLORIDA DEPARTMENT OF LAW ENFORCEMENT (FDLE)/NCICIFCIC SYSTEM: Approve an_Agreement with Florida Department of Law Enforcement (POLE) for use of the National Crime Information Center NCIC /Florida Crime Information Center FCIC System by the Police Department. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period December 7,_ 2009 throueh December 31, 2009. J. AWARD OF BIDS AND CONTRACTS: 1. Contract award to American Lighting Maint., Inc. in the amount of 15,350.00 for the installation of three (3) scoreboards at Miller Park. Funding is available from 334-4173-572- 63.90 (General Construction Fund/Improvements Other/Other Improvements). 2. Contract award to A & A Associates in an estimated annual cost o~ ~1S 840.00 for security services at Pompey Park. Funding is available from 001-4127-572-31.90 (General Fund/Professional ServiceslOther Professional Services . 3. Contract award to Power-Tel_Utility Products. Inc, in the amount of $24,594.00 for the urchase of a round enetratin radar locators stem as satisfaction of civil enalties for the accidental release of wastewater from Lift Station #18's force main (located _ on Andrews Avenue near Lowry Street) on Tune 2, 2009. Funding is available from 441-5161-536-64.90 (Water and Sewer Fund/Machinery/Equipment/Other Machinery/Equi ment . 4. Purchase award to Mohawk Resources Ltd in the amount of $38,523.76 for the purchase of five (5) replacement vehicle lifts for_the Citesgarage. Funding is available from 501-3311-591-64.90 (Garage Fund/Machinery/EquipmentlOther Machinery/Equipment). REGULAR AGENDA: A' WAIVER RE~UESTS/DELAIRE COUNTRY CLUB: Consider a waiver request to Land Development Regulations (LDR) Section 2.4.6 F "Te~nporary Use Permit" to allow use of three modular trailers to house the golf pro shop, tennis pro shop; and fitness center during remodeling of the existing clubhouse; and a waiver to LDR Section 4,4.3}~) "Construction Site Conditions/Restrictions" to allow increased construction trailer size, _ in_ _ association with remodeling the Delaire Country Club located at 4645 White Cedar Lane. (Quasi-Judicial Hearira~) B. CONDITIONAL USE REQUEST/EUROPCAR: Consider a conditional use request to allow construction of a 540 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 FEC Railroad. (Quasi-.Tudicial Hearine) L WAIVER REQUEST/EUROPCAR: Consider a waiver request to Land Development Regulations (LDR) Section 4.4.13(F)(1)(a), "Height", which requires a 25 feet minimum brxildin_g height. (Quasi-Judicial Hearing C. CONDITIONAL USE REQUESTIDELRAY SCRAP RECYCLING: Consider a conditional use re uest to allow the establishment of a scrap recycling and storage business for Delray Scrap Recycling, located at 725 S.W. 16th Avenue. (Quasi-.]udicial Hearing. D. SPECIAL EVENT REQUEST/PRO-BOWL TAILGATE PARTY: Consider approval of a special event request for the Pro-Bowl Tailgate Party to be produced by the Chamber of Commerce Destination Delray Task Force and co-produced by the City of Delray Beach to be held on Friday, Tanuary 29, 2010 from 5:00 p.m. to 10:00 p.m.; to grant a temporar~se permit er LDR's Section 2.4.6(FZ_ for use and closure of A-1-A from the south side of Atlantic Avenue to just north of the Bermuda Inn 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 narking lot and Marriott lot o en until 11.04 p.m. E. AGREEMENT/AMERICAN TRAFFIC SOLUTIONS (ATS):Consider a revised agreement between the a droved _v_endor,_Amercan_.._Traffic Solutions (ATS~ and the City for the implementation of a Red Light Enforcement Program. F. LEASE AGREEMENTICOMMUNITY REDEVELOPMENT AGENCY (CRA)IOLD SCHOOL SQUARE GARAGE: Consider a proposed Lease Agreement with the Community Redevelopment Agency regarding the Old School Square Garage retail space. G. VOTE PROCESSING EQUIPMENT USE ANDTELECTIONS 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. H. APPOINTMENTS TO THE CODE ENFORCEMENT BOARD: Appoint three _ (3) regular members and two (~ alternate members to serve three (3~vear terms ending Tanuary 14, 2013 and one .~1 regular member to serve an unexpired term ending_.Januarv 14, 2012 to the Code Enforcement Board. Based upon the rotation system, the appointments will be made by Commissioner Fetzer (Seat #2Z, Commissioner Frankel ~ eat #3~, Commissioner Gray~Seat #4 Mayor McDuffie (Seat #5), Commissioner Eliopoulos (Seat #1) and Commissioner Fetzer (Seat #2~ I. APPOINTMENTS TO THE POLICE ADVLSORY BOARD: Appoint one U regular member to the Police Advisory Board for a two !2) year term ending Tuly 31, 2011 and one (1~gular member to serve an unexpired term ending .Tuly 31, 2410. Based upon the rotation system, the a~poinfinents will be made by Commissioner Frankel_ (Seat #3) for one (~ regular member to serve a two (2 ear term ending~Iuly 31, 2411, and Commissioner Fetzer (Seat #2) for one~1) regular member to serve an unexpired term ending .Tuly 31, 2010. 1• APPOINTMENTS TO THE PARKING MANAGEMENT ADVISORY BOARD:Appoint four (~_ regular members to the Parkin~_Mana ement Advisor Board to serve two~2) year terms ending uT ly 31~. _2412. Based upon the rotation system. the appointments will be made by Commissioner Frankel (Seat #31. Commissioner Gray (Seat #4}. Mayor McDuffie_ (Seat #5) and Commissioner El__.....__o~oulos Seat #1 . K. APPOINTMENT TO PUBLIC EMPLOYEES RELATIONS COMMISSION: Appoint one (1} regular member to the Publie Employees Relations Commission (PERC} for a four (4Zyear term ending January 29. 2014. Based upon the rotation s stem the a ointment will be made b Commissioner Gray (Seat #4~ L. FUNDING REQUEST/COMMUNITY REDEVELOPMENT AGENCY (CRAI: Consider making a request for the Community Redevelopment Agency (CRA} to assist the City in funding artificial turf to be permanently r~laced at the Seacrest Athletic Facility to be used for ayear-round .sports training camp 10. PUBLIC HEARINGS: A. ORDINANCE NO. 61-09: Consider acity-initiated amendment to the Code of Otrdinances 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 youth Central Regional Wastewater Treatment Plant (SCRWTP~ B. ORDINANCE NO.OI-10 (FIRST READING/FIRST PUBLIC HEARINGI:Consid.er achy-initiated amendment to Land 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. C. ORDINANCE NO. 02-10 (FIRST READING/FIRST PUBLIC HEARINGS Consider a cites initiated amendment to the Land Development Regulations (LDR} uertaining to Community Residential Homes and Group Homes. If passed, a second publicl~earing will be held on January 19.2010. 11. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS FROM THE PUBLIC- IMMEDIATELY FOLLOWING PUBLIC HEARINGS: A. City Manager's response to priar public comments and inquiries. B. From the Public. 12. FIRST READINGS: 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 .Ianuary 19, 2010. 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 additionaX ~ ,0$$ sq. ft. to an existing 29,784 sq. ft. medacal_ office building to total_ 30,$6$ sq. ft. for the Midtown Medical Buildin located at the southwest corner of Linton Boulevard and Old Germantown Road (4600 Linton Boulevard. If passed, a public hearing will be held on January 19, 2010. C. ORDINANCE NO. 05-10: Consider a city-initiated amendment to the Land Development R_gulations (LDR ection 2.4.7 G "Requests for Reas©nable 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. 13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS. A. City Manager B . City Attorney C. City Commission DECEMBER 1 2009 A Regular Meeting of the City Commission of the City of Delray Beach, Florida, was called to order by Mayor Nelson S. McDuffie in the Commission Chambers at City Hall at 6:aa p.m., Tuesday, December 1, 20a9. 1. Roll call showed: Present - Commissioner Gary P. Eliopoulos Commissioner Fred B. Fetzer Commissioner Adam Frankel Commissioner Angeleta Gray Mayor Nelson S. McDuffie Absent - None Also present were - David T. Harden, City Manager Robert A. Barcinski, Assistant City Manager Brian Shutt, City Attorney Chevelle D. Nubin, City Clerk 2. The opening prayer was delivered by Representative Patrick Archer with the First Church of Christ Scientist. 3. The Pledge of Allegiance to the flag of the United States of America was given. 4. AGENDA APPROVAL. Mayor McDuffie stated there is additional information for Item 9.C., Request for Valet Queue/Tramonti Restaurant and Item 9.E., Revised ProposallOld School Square Retail Space Garage. Also, Mayor McDuffie noted the addition of Item 9.I., Employee Recognition for Fiscal Year 2009 Budget Surplus to the Regular Agenda by addendum. Mrs. Gray moved to approve the Agenda as amended, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mr. Fetzer -Yes; Mr. Frankel -- Yes; Mrs. Gray -Yes; Mayor McDuffie -Yes; Mr. Eliopoulos -Yes. Said motion passed with a 5 to a vote. l2/al/a9 5. APPROVAL OF MINUTES: Mr. Eliopoulos moved to approve the Minutes of the Regular Meeting of November 17, 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. Said motion passed with a 5 to 0 vote. 6. PROCLAMATIONS: 6.A. None 7. PRESENTATIONS: 7.A. Mavor's Literacv Initiative - Delrav Beach Get Caught Readin Dr. Kathy Weigel, Principal of Atlantic High School, stated Atlantic High School has partnered with the Palm Beach County Education Commission and the City of Delray Beach's Get Caught Reading program and received the Mary and Robert Pew Public Education Fund grant award of $40,000.00 to create and expand classroom libraries at the school. Dr. Weigel stated they are working with the Education Commission and will be able to secure 40 individual libraries for 9th and 10th grade teachers which will give them 250 books per classroom with the idea that they will be able to renew the grant. The goal is to have a classroom library for every single teacher in the school. Dr. Weigel stated on Sunday, December 14, 2009, they will be visiting a school that has had a very successful program called the ReaderslWriters Workshop and Atlantic High School is going to try and emulate that. Dr. Weigel stated Commissioner Gray will accompany some individuals from Atlantic High School and noted that they believe this will significantly raise the reading levels. Dr. Weigel distributed samples of books and stated some of the books look like comic books and it spurs interest in reading. Mayor McDuffie stated the Mayor's Literacy Initiative is very serious and he has been involved in some of the behind the scenes things that went on before this Pew Grant. He stated somewhere between 51-56% of the students entering Atlantic High School are reading below a 9th grade level. Dr. Weigel stated 94% of the original 9a' graders who started four years ago received a High School Diploma in May. $. CONSENT AGENDA: City Manager Recommends Approval. B.A. RATIFICATION OF THE SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ACTION: Ratify approval of the revised Industrial Waste and Pretreatment Agreement by the South Central Regional Wastewater Treatment and Disposal Board at their Quarter- Annual Meeting of October 15, 2009. 8.B. TRANSFER OF OUTSIDE COUNCILIGAUNT, PRATT, - ~~---- RADFORD, METRE & ROCKENBACH, __P.A./APPEALS IN CASES REFERENCING LINDA MARKS: Approve authorization to transfer the appointment 2 12/01/09 of the firm Gaunt, Pratt, Radford, Methe &Rockenbach, P.A. for legal services in conjunction with the appeal of the cases involving Linda Marks to the fum of Methe & Rockenbach, P.A. 8.C. SERVICE AUTHORIZATION NO. 07-13/MATHEWS CONSULTING, INC.: Approve Service Authorization No. 07-13 in the amount of $178,642.00 to Mathews Consulting, Inc. for professional engineering services related to the design of the Area 11B Reclaimed Water System and other needed water and sewer improvements in the same streets. Funding is available from 441-5181-536-65.96 (Water and Sewer Fund/Other Improvements/Reclaim Water Transmission). B.D. AMENDMENT NO. 2 TO THE AGREEMENT/LEGAL SERVICESIHEARING OFFICER: Approve an amendment extending for two years the agreement between the City and David W. Schmidt for providing legal services to the City as a Hearing Officer. 8.E. DISASTER RECOVERY INITIATIVE RI /HOUSING REHABILITATION GRANT/GRANT AWARD: Approve one (1) Housing Rehabilitation grant award to the lowest responsive bidder for 133 S.W. 8th Avenue, David J. Thyng, LLC., in the amount of $ T 9,551.3 8. Funding is available from 11$-1960-554-49.19 (Neighborhood ServiceslOther Current Charges/Housing Rehabilitation). 8.F. COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) SUB- RECIPIENT FUNDING AGREEMENT/URBAN LEAGUE OF PALM BEACH COUNTY: Approve and authorize execution of asub-recipient funding agreement with the Urban League of Palm Beach County, Inc. under the Community Development Black Grant (CDBG) program for FY 2009-2010, with total funding in the amount of $6,500.00. Funding is available from 118-1966-554-83.01 (Neighborhood Services/Other Grants and Aids). 8.G. COIVIMUNITY DEVELOPMENT BLOCK GRANT (CDBG} SUB- RECIPIENT FUNDING AGREEMENT/FAIR HOUSING CENTER OF THE GREATER PALM BEACHES: Approve and authorize execution of asub-recipient funding agreement with Fair Housing Center of the Greater Palrn Beaches under the Community Development Block Grant (CDBG) program. for FY 2009-2010, with total funding in the amount of $7,000.00. Funding is available from 118-1961-554-49.17 (Neighborhood Services/Other Current Charges/Promotion of Fair Housing). S.H. REVISION/HURRICANE HOUSING ASSISTANCE PLAN (HHAP): Approve a technical revision to the Hurricane Housing Recovery (HHR) Program, Hurricane Housing Assistance Plan (HHAP) for Fiscal Years 2005-200$. 8~I. AMENDMENT NO. 2 TO THE POMPEY PARK BOOSTER CLUB AGREEMENT: Approve and authorize Amendment No. 2 to the Agreement with Pompey Park Booster Club, Inc. to extend the agreement for an additional one (1} year term. 12/01/09 8.J. SPECIAL EVENT REQUEST/13TH ANNUAL DOWNTOWN DELRAY CRAFT FESTIVAL: Approve a special event request to endoxse the 13th Annual Downtown Delray Craft Festival sponsored by Howard Alan Events, Ltd. to be held February 27-28, 20I0 from 10:00 a.m. to 5:00 p.m., to grant a temporary use permit per LDR Section 2.4.6(F) for the closure and use of N.W. 3rd Avenue from Atlantic Avenue north to the south entrance of Atlantic Grove and the Tennis Center parking lot, authorize staff support for security and traffic control, barricade assistance, EMS assistance, and permit an event sign to be erected on Atlantic Avenue just east of 1-95 fourteen (14) days prior to the event with the sponsor paying all overtime casts. B.K. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period November 16, 2009 through November 25, 2009. B.L. AWARD OF BIDS AND CONTRACTS: 1. Bid award to DaCosta Enterprises, Inc. in the amount of $33,697.00 for construction of a Barwick Road Sidewalk. Funding is available from 334-3162-541-63.11 (General Construction FundlImprovement Other Than Buildings/Bikepaths/Sidewalks}. 2. Contract award to Insituform Technologies, li1c. in the amount of $61,436.40 for rehabilitation of a sewer segment on S.E. 2nd Street, from S.E. 3rd Avenue to east of S.E. 6th Avenue, as part of the annual Sanitary Sewer Main Rehabilitation program. Funding is available from 442-5178-536-63.51 (Water and Sewer Renewal and Replacement Fund/Improvements Other/Sewer Mains). 3. Purchase award to Otto Waste Systems in the amount of $30,000.00 far the purchase of hot stamped garbage carts with lids and wheels to be ordered as needed. Funding is available from 433-3711-534-49.35 (Sanitation Fund/Cart Renewal and Replacement}. Mr. Fetzer moved to approve the Consent Agenda as amended, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mrs. Gray -Yes; Mayor McDuffie -Yes; Mr. Eliopoulos -- Yes; Mr. Fetzer -Yes; Mr. Frankel -Yes. Said motion passed with a 5 to 0 vote. 9. REGULAR AGENDA: 9.A. WAIVER REQUEST/MELLOW MUSHROOM: Consideration of a waiver to LDR section 4.6.9(e)(3}(d), to allow Mellow Mushroom to enter into an ln- Lieu Parking Fee Agreement with the City to pay the $109,200 in-lieu parking fee in four (4) installments of 25% each with first payment due at signing, instead of three {3) installments with 50% due at signing and two subsequent 25% payments. Mellow Mushroom restaurant is located at 25 S.E. 6th Avenue. (Quasi-Judicial Hear~iug) 4 12/01/09 Mayor McDuffie read into the record the City of Delray Beach procedures far aQuasi-Judicial Hearing for this item. Lanelda Gaskins, Deputy City Clerk, swore in those individuals who wished to give testimony on this item. Mayor McDuffie asked the Commission to disclose their ex pane communications. The Commission had na ex parte communications to disclose. Mark McDonnell, Assistant Planning Director, entered the Planning and Zoning Department project file #2010-017. Mark McDonnell, Assistant Planning Director, stated this is consideration of a waiver request to LDR Section 4.6.9(e)(3}(d) to allow Mellow Mushroom to enter into an In-Lieu Parking Fee Agreement with the City to pay the $109,200 in-lieu parking fee for seven (7) spaces in four (4) installments totaling 25% each with first payment due at signing, instead of three (3) installments with 50% due at signing and two subsequent 25% payments. Mr. McDonnell stated when the applicant was issued their first building permit staff failed to collect the parking in-lieu fee and the applicant has now come forward requesting a modification to the otherwise allowed payment plan thereby requesting the waiver. Mr. McDonnell stated there are four (4) required findings and noted that granting a waiver would normally be considered a special privilege because other in-lieu applicants have had to comply with the 50% at permit issuance or paid in full. However, because the City failed to execute the agreement and require the first payment at permit issuance, and subsequently issued the certificate of occupancy without payment, the applicant should not be penalized for nonpayment to date. Mr. McDonnell stated the City is not supposed to grant any special privileges and if this occurred with another applicant staff would support the same waiver. Staff recommends approval of the waiver. Ronald L. Platt, President and Owner of Mellow Mushroom, stated for the record he clarified that this will be paid over four (4) payments over a four (4) year period instead of over a three (3} year period. Mayor McDuffie stated if anyone from the public would like to speak in favor or in opposition of waiver request, to please come forward at this time. There being no one from the public who wished to address the Commission regarding the waiver request, 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). 5 12/01/09 Mr. Eliopoulos moved to adopt the Board Order as presented, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mayor McDuffie -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. Frankel -Yes; Mrs. Gray -Yes. Said motion passed with a 5 to 0 vote. 9.5. REQUEST FOR VALET QUEUE/THE SEAGATE ON ATLANTIC: Consider a request from The Seagate on Atlantic to establish a parking valet queue to be located on the south side of the 1000 block of East Atlantic Avenue. Scott Aronson, Parking Management Specialist, stated this is a request from the Seagate Hotel which recently opened at the 1000 block of East Atlantic Avenue on the south side. Mr. Aronson stated a request has been submitted for a valet parking queue utilizing the three eastern most spaces in front of Atlantic Grille Restaurant. The development proposal was originally for residential units and when it changed to a hotel because of the difference in parking of 0.7 spaces per room for hotels versus the 2.5 spaces for residential units the property ends up with a surplus of 107 parking spaces. Mr. Aronson stated it talks about shared parking in the Comprehensive Plan and parking garages as opposed to parking lots. The Downtown Master Plan also talks about shared parking and using parking facilities which the valet would by making 107 personal parking spaces available to the public. The Downtown Development Authority, the Community Redevelopment Agency, and the Parking Management Advisory Board unanimously recommended approval of the valet queue. Staff also recommends approval. Mr. Fetzer asked if the 107 parking spaces can be utilized by the public. Mr. Aronson stated they are actually private parking spaces owned by the hotel and they will be available to the public through the valet. Mr. Aronson stated staff has not spoken to the private owner about whether or not they would be available to the public on a regular basis. Mr. Aronson stated the hotel does have a valet built on Venetian Drive but that is for hotel guests. He stated this valet queue in the public right-of--way would be mare far public utilization. The contract would also mandate that they take all comers not just people for the hotel or the Atlantic Grille. Mr. Aronson stated it serves a beneft to the neighboring businesses as well and their hours of operation would be from 11:00 a.m. - 11:00 p.m. and there may be some beach goers that might choose to use that. Mr. Fetzer asked if there is any plan to help make the public awaxe that there is some additional parking that could be utilized even though it is the valet basis. Mr. Aronson stated it will be permitted to put a valet sign out in proximity of the spaces as the other valet queues do. Mrs. Gray asked how much the parking meters generate and stated the valets are $135 per space totaling $374.00 per month for those three (3) spaces. She stated in this economy we are trying to figure out ways to raise money for the City and asked how the City will benefit if we take those parking spaces and turn them into valet queues. Mr. Aronson stated as you get further from A-1-A the spaces generate less 6 12/O i 109 revenue as you head west. He stated historically before the development closed off the parking spaces those spaces did not generate as much revenue as you do when you get closer to the beach. Mxs. Gray asked why the valet queues were not requested during the planning process. Mr. Aronson stated valet queues are by special request before the Commission. Mrs. Gray stated with all the parking spaces available in the garage and the valet parking on the side of the garage she is trying to understand why we actually need to put another valet queue on Atlantic Avenue and not use the garage and the valet queue on the side of the garage. Mr. Aronson stated there will be busy times of the day where the valet on Venetian is going to be utilized by hotel guests and he believes they are looking to keep a separation between hotel guests, the limousine, the shuttle, and the general public. He stated with regard to the revenue and assuming the spaces would be used between 11:00 a.m. and 8:00 p.m., the value of the space if full at peak capacity is a little less than $300.00 a month. Mr. Aronson stated staff considered this when they did the valet queue on East Atlantic Avenue and A-1-A with Fran MarincoIa far Cafe Luna Rosa queue but noted these queues a few years ago were $50.00 a piece and stayed that way until 1995 to about 2004. Mr. Aronson stated the valet queue agreements are for all value queues east of the Intracoastal and the City has been increasing them little by little as the renewals come forward. Mrs. Gray asked if staff anticipates if the restaurants on Atlantic Avenue east of the Seagate will request to have a valet queue in front of their places as well. Mr. Aronson stated one of the things that the City looked at when the valet queues were established in the mid to late 90's was some separation so that there were not valet queues on each block. He stated the only other queue on the beach right now is between Bronson and A-1-A so this is about a three block separation between these two queues. Mr. Frankel asked if the parking study is going to address any of the valet issues the City is having. Mr. Aronson stated he requested that they look at placement of valet queues in the study area and what their recommendation would be in regard to where the valet queues should be as opposed to where they are. Mr. Frankel asked when this is going to be completed. Mr. Aronson stated this will be completed sometime in June. Mr. Frankel echoed comments expressed by Commissioner Gray and feels that $135.00 per space is a little low and he is very hesitant to approve anything without the finalized parking Study as a Commission they approved. Mr. Eliopoulos expressed concern over the traffic that we are now generating on Miramar that was not there before and asked if staff considered that. Mr. Aronson stated staff did not look at this at the time of the writing of the report but this was mentioned after. Mr. Frankel stated there are many restaurants in this area that will also want a valet queue and expressed concern about placing a limit. Mr. Fetzer stated he asked Mr. Aronson what was proposed in the parking study in terms of evaluating the location and the queues. Mr. Aronson stated he asked them if they could include it in what exactly they would be doing for the valets. He stated he emailed the Kimley-Horn representative but has not received a response. 7 12/01/09 Mayor McDuffie stated it is imperative that we do include this in the scope. He stated it is imperative that we take a look at what the demarcation is from one valet queue to another (i.e. how far apart the queues are and whether or not to have them on the side streets or not} and feels this is a big part of the parking study. Mayor McDuffie asked that staff let the Commission know if they need to amend the scope because that needs to be a part of the overall study and noted it is a big part of parking downtown. Mr. Eliopoulos stated most of the people are going from the west and they are going east so the logic was to keep them on that side. Mr. Aronson stated from his perspective La Cigale had their parking lot in front of their restaurant and then they had a valet behind the rest of the buildings where the rest of their parking lot was. He stated the hotel was not there so there were not any competing valet queues that needed to be operated. In this instance, Mr. Aronson stated the building is at the front of the right-of- way for the pedestrian flow. He stated they had it in the back and it was exclusively for the restaurant and the public could not pull up there to park. Secondly, staff looked at the distance between valet queues and stated in the LDRs the Off site Parking Agreement talks about an acceptable walking distance of 300 feet and with the public parking fee you look at properties within 600 feet. Mr. Aronson stated the streets are about 300 feet from block to block sa the next queue is about 200 feet. The City Manager stated another important factor east of the Intracoastal is that you are on a four lane street and you do not have the traffic obstruction issues that you have west of the Intracoastal. Mayor McDuffie asked if the signage can be the same at this queue as the Caffe Luna Rosa queue. Mr. Aronson stated they will have the green and white sign between the operating hours and then they put out whatever sign they do for the participating restaurants as seen in the downtown and other places. Mr. Eliopoulos stated he would life to defer this to staff and/or the Engineering Department. Mr. Eliopoulos stated he can support this but he wants this monitored because he wants to know how it is really going to affect Miramar. He stated if this place is successful they should have traff c and expressed concern about pushing cars onto that street that have not been there before. Mayor McDuffie stated in the Gleason lot and the lot north of the Marriott the credit card machines on two occasions have not worked in both of those lots. Mr. Aronson stated the entire valet queues expire at the same time so its initial contract will need to be renewed in September 2010. Mrs. Gray stated she is not in support of it because there are a lot of people that feel they want to just jump out of their car and pay the hour fee and move on. Also, Mrs. Gray stated the City is going to spend over $100,000.00 between the City and the CRA for this study and she would like to see the study completed before making a S 12/01/09 decision. Mr. Frankel concurred with comments expressed by Commissioner Gray. Mr. Eliopoulos stated this is by far one of the biggest investments that have been invested in our city in a bad time. He stated this hotel is incredible and has set the bar very high. Mr. Fetzer stated he agrees that we need to get the benefits of the parking study and this is something that can be monitored and changed within a year if necessary. He stated he believes there has been a tremendous investment and the nature of Atlantic Avenue east of the bridge is different than the rest of the Avenue. Mr. Fetzer stated he will support staff s recommendation and approve based on the one year approval. Mayor McDuffie stated in the normal cycle of parking permit approvals and valet approvals this will come up with all the rest of them and therefore he can support for this cycle. Mr. Eliopoulos moved to approve the request from the Seagate at Atlantic to establish a valet parking queue on the south side of the 1000 block of East Atlantic Avenue, seconded by Mr. Fetzer. Upon roll call the Commission voted as follows: Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. Frankel - No; Mrs. Gray - No; Mayor McDuffie - Yes. Said motion passed with a 3 to 2 vote, Commissioner Frankel and Commissioner Gray dissenting. 9.C. REQUEST FOR VALET QLTELTE/TRAMONTI RESTAI)RANT: Consider a request from LSMS, Inc., owner of Tramonti Restaurant, to establish a parking valet queue to be located on the north side of the 1000 block of East Atlantic Avenue. Commissioner Eliopoulos declared a conflict of interest and stepped down from the dais. Scott Aronson, Parking Management Specialist, stated Tramonti's Restaurant is located at 111 East Atlantic Avenue and has submitted a request to establish a valet parking queue in front of their restaurant on the north side of east Atlantic Avenue between N.E. 1St and 2~'d Avenues. The request proposed the use of the five {5) westernmost spaces located on the north side of east Atlantic Avenue between N.E. ls` and 2°~ Avenues. Staff recommends denial of the valet queue. Valet parking queues were established in the mid 1490's with the intent to maintain separation along Atlantic Avenue and accornmodate valet parking for businesses throughout the downtown area. Requests far additional valet queues on East Atlantic Avenue have not been approved since their establishment (Sopra located on S.E. 2"d Avenue; Cut 432 located on S.E. 4th Avenue). 9 12/01/09 The applicant claims that this is now an emergency for the closing of the CRA (Community Redevelopment Agency} parking lot to accommodate the park in addition to the economic times. Mr. Aronson stated the closing of the parking lot to accommodate the park has severely hurt their business. At its meeting of October 27, 2009, the Parking Management Advisory Board (PMAB) recommended approval of the applicant's request; at its meeting of October 12, 2009, the Downtown Development Authority (DDA) recommended approval of the applicant's request; and at its meeting of November 12, 2009, the Community Redevelopment Agency (CRA) recommended denial of the applicant's request. Michael Listick, Attorney, 19Q S.E. 5~h Aven~ne, Delray Beach, FL 33483, stated years ago a policy was adopted of having valet parking queues on Atlantic Avenue and noted he was the Chairman of the DDA (Downtown Development Authority} at the time. Mr. Listick stated there were a number of restaurants on the south side and there were none on this block. He stated the feeling was that more people come from the west and there were no upscale restaurants on the north side and nobody made an application for parking at that time but times have changed. Mr. Listick stated the public wants valet parking. Mr. Frankel asked if this is also $135.00 per parking space as well. Mr. Aronson stated west of the Intracoastal is $100.00 and noted that spots west of the Intracoastal are nat metered so there is no real revenue. Mr. Frankel stated $100A0 per parking space is extremely low and feels this is something the parking study should immediately address. Mr. Frankel stated until he sees a parking study that says you need valet on that side of the street he is going to be consistent with his views and not support t1115. Mrs. Gray stated this area is already extremely congested and at this time she cannot support this. Mr. Fetzer stated he understands Mr. Listick's arguments and he also received other arguments presented to him by other downtown merchants that were in opposition of this. He stated as the City Manager had pointed out this is a two-lane road and is more susceptible to congestion. Mr. Fetzer supports staff recommendation of denial and he would like to have this re-evaluated after the Commission receives the results of the parking study. Mayor McDuff e stated he understands the restaurant business and trying to make everything equal for everyone but there are three queues in two blocks and they are willing to reopen Kyoto queue as well. Mr. Aronson stated the three queues in two blocks are for Cugini Grill, 110 East Atlantic building (The Blue Fish), and 32 East. Mayor McDuf6e stated we have walking access to a parking garage and three valet parking queues and an offer to put one up on N.E. 2na Avenue as well. Therefore, Mayor McDuffie stated he supports staff's recommendation. 10 12/01/09 Mr. Fetzer moved to approve the valet queue for Tramonti's Restaurant to establish a valet parking queue on the north side of the 100 block of East Atlantic Avenue, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mr. Fetzer - No; Mr. Frankel - No; Mrs. Gray - No; Mayor McDuffie - No. Said motion was DENIED with a 4 to 0 vote. 9.D. SPECIAL EVENT REQUESTIDELRAY AFFAIR: Consider approval of a special event request from the Chamber of Commerce for the 48th Annual Delray Affair to be held on April 9-11, 2010; including a temporary use permit per LDR Section 2.4.6 (F) for use of City property and rights-of--way as required, waiver of LDR Section 4.6.7 (E}{3)(c) to allow signage to be installed more than one (1) week prior to the event, banner hanging within the site area, vendor permits to be assigned and approved by the Chamber of Commerce, to not allow any other event to be held on the above-mentioned dates in the City, to allow reserved parking for entertainment and exhibitors as requested; contingent upon receipt of a certificate of general liability insurance, liquor liability insurance, and a hold harmless agreement. Robert A. Barcinski, Assistant City Manager, stated this is a special event request for the 48 Annual Delray Affair to be held on April 9-11, 2010, to grant a temporary use permit for use of City property and rights-af--way as requested, to allow event banners to be hung within the site area and event signage put up fourteen (14) days prior to the event per the LDRs, to provide trash boxes and use of City generator, to allow all vendor permits to be assigned and approved by the Chamber of Commerce and to allow this to be the only event held on these dates in the City, and to allow banners to be hung within event areas. Also, Mr. Barcinski stated with the event banners they have to get approval through the Community Improvement Department. The event producer is also requesting road closures at 4:00 p.m., Thursday, versus 4:00 a.m., Friday. He stated staff recommends to not approve the 4:00 p.m. Thursday evening closure but would recommend a 2:00 a.m. Friday closure. Mr. Barcinski stated the business community has expressed concerns with reaction from the business community with another night closed and concerns with traffic intermingling with pedestrians and the towing issue. With a 4:00 a.m. closure, this has not been much of an impact since we have only had to tow 4-5 vehicles and there is very little pedestrian traffic at this time of day. Mr. Barcinski stated Old School Square expressed concern over a community event that evening and they are concerned with people getting around for parking at that time of night. Estimated overtime costs far this event are approximately $6,800.00, barricade rental is approximately $2,200.00 and trash box costs are $855.00. Mr. Barcinski stated the event sponsor would be required to pay $1,850.00 for City overtime costs, $2,200.00 for barricade rental and $555.00 far trash boxes. Mr. Fetzer asked based upon the earlier closing time of 5:00 p.m. the day before is there a cost impact to the City. Mr. Barcinski stated it could add some police costs and noted he is not sure what it might add to their private security costs. He stated it may or may nat involve some extra Public Works time. 12/01/09 Mr. Frankel stated X1:00 p.m. is a hardship to the businesses downtown and suggested somewhere in the middle (i.e. midnight). Bern Ryan, Principal and Festival. Man~ement Group which produces all the special events for the Chamber of Commerce stated last year was the first year he had done the Delray Affair and was a challenge to set up 800 vendors at 4:00 a.m. He stated he works massive events throughout the United States and there is no major event in the United States that sets up on the same day of the event. Mr. Ryan stated the dynamics of the downtown have changed dramatically in the last couple of years. He stated there are three major parking garages in the downtown area that are on the side streets and are easily accessible. Secondly, Mr. Ryan stated we have an east and west thoroughfare on 1St Avenue now and noted there is plenty of room for people to get around. Mr. Ryan stated it would be a great benefit for the event and for the City to continue to allow this great economic engine to grow. Mayor McDuffie stated he can support changing the street closure not to start until 12:00 midnight. Mr. Eliopoulos moved to approve the request from the Chamber of Commerce for the Delray Affair with staff recommended conditions as listed with condition #3 modified for street closure not to start until 12:00 midnight, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mr. Frankel -Yes; Mrs. Gray -Yes; Mayor McDuffie -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes. Said motion passed with a 5 to 0 vote. At this point, the time being 7:10 p.m., the Commission moved to the duly advertised Public Hearings portion of the Agenda. I`a. rUBLI<C xEARINGS: 10.A. RESOLUTION NO. 59-09: Consider a resolution electing to use a uniform method of collecting fire assessments, if levied, on the property tax bill. The caption of Resolution No. 59-09 is as follows: A RESOLUTION OF THE CITY OF DELRAY BEACH, FLORIDA ELECTING TO USE THE UNIFORM METHOD OF COLLECTING NON-AD VALOREM SPECIAL ASSESSMENTS LEVIED WITHIN THE INCORPORATED AREA OF THE CITY; STATING A NEED FOR SUCH LEVY; PROVIDING FOR THE MAILING OF THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE. (The official copy of Resolution No. 59-09 is an file in the City Clerk's office.) 12 12/01/09 The City Attorney read the caption of the resolution. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. The City Manager stated this is the resolution that would that would allow the Commission in the next year to levy a fire assessment fee if they choose to do so. He stated in order to have that option available this resolution needs to be adopted prior to January 1St otherwise the Commission would be prevented from considering that for another year. Mrs. Gray asked when the Commission would vote on this. The City Manager stated it would be the middle of the summer 2010 around the same time the City does the stormwater assessments. Mr. Eliapoulos asked when the hiring of the outside consultant to do the survey work at a cost of $60,000.00 would take place. The City Manager stated this would have to be done in the spring if the Commission wishes to pursue it. The City Manager stated this would give the Financial Review Board time to review it. Mr. Eliopoulos stated he supports this in order to have this avenue should we need it in the spring or summer during budget time. Mr. Fetzer stated he is not a big advocate of doing this but he does think we need to take this step and some of it can be considered as another alternative. Mr. Fetzer stated Commissioner Frankel brought up the fact that the Commission needs to get together with the Financial Review Board and start doing some serious planning well in advance and noted the Workshop is scheduled for January 2010. The City Manager stated the Financial Review Board had their initial meeting today and Howard Ellingsworth was elected Chairman and the Board has decided that they would like to meet twice a month. Mr. Fetzer stated when the Commission does meet with the Board that the Commission can line out some things that they would like looked at and brainstorm some strategy that will get us further along in evaluating the budget early. Mr. Fetzer stated he supports passing this resolution as an alternative that the Commission can consider next year. Mr. Frankel and Mrs. Gray support this resolution. Mayor McDuffie stated he too supports this resolution and noted that we are looking at non-ad valorem drops approximately 12% this coming year if they hold an the course that we are seeing right now. Mayor McDufl~e stated he supports this resolution. Mayor McDuffie declared the public hearing open. There being no one from the public who wished to address the Commission regarding Resolution No. 59-09, the public hearing was closed. 13 12/01/09 Mrs. Gray moved to adopt Resolution No. 59-09, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mrs. Gray -Yes; Mayor McDuffie -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. Frankel -Yes. Said motion passed with a 5 to 0 vote. 10.B. ORDINANCE NO. 60-09: Consider acity-initiated amendment to the Land Development Regulations that will create the Chatelaine Local Government Neighborhood Improvement District. The caption of Ordinance No. 60-09 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE CREATION OF THE CHATELAINE LOCAL GOVERNIVIENT NEIGHBORHOOD IMPROVEMENT DISTRICT, IN ACCORDANCE WITH SECTION 163.506, FLORIDA STATUTES; ESTABLISHING THE BOUNDARIES OF THE DISTRICT; DESIGNATING THE DELRAY BEACH CITY COMMISSION AS THE BOARD OF DIRECTORS OF THE DISTRICT; PROVIDING AUTHORIZATION FOR THE DISTRICT TO LEVY AN AD VALOREM TAX ON REAL AND PERSONAL PROPERTY OF UP TO ONE MILL ANNUALLY; PROVIDIlVG AUTHORIZATION FOR DISTRICT USE OF SPECIAL ASSESSMENTS PURSUANT TO SECTION 163.514, FLORIDA STATUTES; PROVIDING FOR THE DISSOLUTION OF THE DISTRICT BY THE CITY COMMISSION BY RESCINDING THE ORDINANCE; PROVIDING FOR THE CODIFICATION OF SECTION 2 OF THIS ORDINANCE AS A NEW ARTICLE 8.7, "CHATELAINE LOCAL GOVERNMENT NEIGHBORHOOD IMPROVEMENT DISTRICT"; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. office.} (The official copy of Ordinance No. 60-09 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. Mark McDonnell, Assistant Planning Director, stated on October 6, 2009, the City Commission approved an ordinance that would authorize the creation of local government neighborhood improvement districts that are allowed under the Florida 14 12/01/09 Statutes. The creation of a neighborhood improvement district is proposed to address a unique situation currently experienced by the Chatelaine subdivision. In 2008, the City completed its installation of $150,000.00 of improvements associated with a strategic task team neighborhood action plan for the Chatelaine subdivision. The neighborhood has been unable to collect sufficient dues to adequately fund the maintenance obligation. The estimated annual cost would be $10,000.00. Mr. McDonnell stated representatives from the Chatelaine association have turned to the City for help. The City explored alternatives including the creation of the neighborhood improvement district which could assess ad valorem taxes to help upkeep the neighborhood improvements. Mr. McDonnell stated the ordinance allowed the neighborhood improvement district to be created that would cover 50.12 acres all consisting of single family residences (201). He stated the ordinance would also allow up to two mills ad valorem tax to be levied annually on real and personal property. Mr. McDonnell stated the district would be authorized to apply for and receive a planning grant from the Department of Legal Affairs. He stated an advisory council will be farmed with no less than five {5) and no more than seven (7) members that must own real property as well as reside in the district. At its meeting of November 16, 2009, the Planning and Zoning Board opposed this ordinance because they did not feel that sufficient notice had gone out to the residents. Mr. McDonnell stated staff has a letter dated November 23, 2004 signed by the City Manager that did Follow through with that recommendation by the Planning and Zoning Board. Staff recommends approval. Mayor McDuffie asked if the notification went out multi-lingual. Mr. McDonnell stated the notice went out Creole as well as English. Mr. Eliopoulos asked if there was a hurricane or an event that made this neighborhood come together. Lula Butler, Director of Community Improvement, stated staff created the strategic task team concept as a way of dealing with neighborhoods that were in transition where the neighborhood appeared to be declining for reasons other than some catastrophic reason. Mrs. Butler stated staff did Rainberry Woods, Delray Shores, Sudan, and Chatelaine. Mrs. Butler stated staff started to work with Chatelaine in 2001 and came back in 2004 to finish the plan and the plan was adopted by the City Commission in March 2005. She stated their plan included new sidewalks throughout the neighborhood on one side of the street, traffic calming, beautif cation, and entrance sign features. Mrs. Butler stated the City spent a total of $455,000.00 on this plan for the neighborhood. She stated Chatelaine already had an entry feature of a median and they already had our irrigation systems and the beautification that they were responsible for maintaining since the development had been there. Mrs. Butler stated staff discussed with them that the City did not have the mechanism to maintain this and the City contracted to have the landscape improvements maintained for the first year. She stated the City provided them written notice in September 2008 that the year had expired and it was now time for them to take it aver. 15 12/01/09 The City Manager stated for clarification he explained that some of the earlier Planning and Zoning memos may have implied that the subdivision would be responsible for some of the hardscape maintenance and that is not correct. The City will maintain all the streets, curbs, and sidewalks but the issue is the maintenance of the landscaping. The City Manager stated the City does not maintain landscaping within subdivisions unless the Chatelaine neighborhood is willing to maintain it then the City will stop maintaining it and it will just deteriorate. He stated Chatelaine would have the cost of mowing and trimming the landscaping, irrigating the landscaping, and the electricity to illuminate their entrance signs_ Mayor McDuffie stated three representatives from Chatelaine approached him many months ago and he had several meetings with them and actually brought this to the City Manager as a result of the meetings that he had with the residents from Chatelaine who approached them about doing this maintenance. Mrs. Gray asked how much it costs to maintain the foliage and beautification there a year. Mrs. Butler stated the first year the City maintains it costs a little of $15,oo0A0 for the vendor. The City Manager stated the estimate the neighborhood has given them based on prices they received is just a little over $10,000.00 for the landscape maintenance, irrigation, and electricity. Mrs. Gray confirmed with Mrs. Butler that the money would be divided among the 201 homes. Mrs. Gray asked if there was a lot of turnover in this neighborhood that they did not understand they would have to take over this maintenance. Mrs. Butler stated the issue is that the homeowners association (HOA} has not been able to collect as well as it had been in the past from its members and it is a volunteer organization. She stated they have always maintained their own entry feature because the City demolished a little building that was in the median and they had irrigation systems that they upgraded, etc. Mrs. Butler stated in the past they've been able to maintain it somewhat. She stated this is the second or third time that the City has provided plant material far Chatelaine in that median. Mrs. Butler stated it is just a function to getting enough of the homeowners to contribute monthly to the HOA to pay their dues so they can maintain it. The City Manager commented about the high number of foreclosures in Chatelaine_ Mrs. Butler confirmed that this is one of the neighborhoods in Delray Beach that has had a high number of foreclosures and stated this is a function of the economy also. Mrs. Gray stated everything will deteriorate and the property values will deteriorate. Mrs. Butler stated the property values will deteriorate unless the City decides to do this. Mrs. Gray asked if the City decides to do this for another year because of the economy, does the City have this in its budget to do this for at least another year. The City Manager stated the Aarks Department is maintaining it and noted that the City does not have money in the budget for electricity and irrigation. He expressed concern that long-term we have several medians around the City where other neighborhoods could come forward and ask the City to start maintaining. The City Manager expressed concern that the City would be obligated to do this city-wide and that cost would be substantial. 16 12/01/09 Mrs. Gray asked how Delray Shores and Rainberry Woods has been able to maintain their entrances. Mrs. Butler stated Rainberry Woods maintains its own and the City does the feature that is at the front entrance of Delray Shores. The City Manager stated Rainberry Woods has a legally binding homeowners association where they are required to pay mandatory dues. Mrs. Butler stated Delray Shores is a voluntary organization and the City did not have an organization to turn that over to. Mrs. Butler stated if the City is going to continue to invest in neighborhoods the City needs to find a mechanism to help decide how we are going to do these landscape features. Mayor McDuffie clarified that what the Commission decides tonight levies no tax. He stated this ordinance creates the capability for a tax to be levied. Mayor McDuffie stated if the City did this on a non-ad valorem basis spread across the homes it would be a little under $50.00 per home per year to pay this $10,000.00 fee. He stated as it is structured right now it would be an ad valorem tax and in that case it will not be a flat tax. Mayor McDuff e stated if it were to be levied it would vary based upon the taxable value of the home in that neighborhood. Mayor McDuffe reiterated that this levies nothing and it is an enabling ordinance. Mayor McDuffe declared the public hearing open. Annette Gray, 3624 Avenue De Gien, Delray Beach, FL 33445, stated she moved into the property ten years ago fully lrnowing that there was not a mandatory homeowners association, it was not a gated community, and that there were no additional taxes or additional monthly assessments on her part. Ms. Gray stated a few people came before the Commission asking for sidewalks because more children were moving into the neighborhood. Ms. Gray stated she does not have any children. but she now spends approximately $100A0 a year replacing her sprinkler heads in the swales because the children use the sidewalks for their skateboards. She strongly opposes this and stated several times she has been approached about a formalized homeowners association and she has said "no" each time. Ms. Gray stated she picks up trash from the swales and the landscape area they created because there was nowhere to drop and deposit trash in the circle area. She feels this would have a negative and adverse affect on resale value when and if the economy comes back. Ms. Gray stated although we might be talking about $50.00 we do not know what a group might want to add in the future and then subsequently added to their taxes. Dr. Josh Smith, 3616 Avenue De Gien, Delray Beach, FL 33445, stated the dismal state of the economy is reflected by approximately 11 percent (11%) of our workforce is jobless and one million Floridians are out of work and hundreds of thousands of people cannot pay their rent or mortgages on their homes. Dr. Smith stated the U.S. Department of Agriculture recently reported that 14 percent (14%) of households suffer from hunger and Federal officials have indicated that the labor market recovery could take up to six years. He stated now the City is considering placing a special assessment on those people who can barely make it from week to week and stated Chatelaine is predominantly African-Americans and Haitians and does not agree that the Commission would even consider an additional tax burden on this community. Dr. Smith 17 12/01/09 stated the traditional procedure for dealing with this type of situation is for the cost to be taken from the homeowner association dues and if there was a harmonious relationship between the vast majority of the citizens within the community and the individuals who run the homeowners association it probably would not be a problem. Dr. Smith stated a small core of individuals represent about 13 percent {13%) who mandates and meets with City officials that is direct opposition to the vast majority of the citizens of Chatelaine. Clifford burden, 702 _Chatelaine Boulevard East, Delray Beach, FL 33445 (Chatelaine), stated Chatelaine was originally a deed restricted community which allowed them to maintain and keep the community up. Mr. burden stated that deed restriction went away in 1999 and then the homeowners' association got together to have a voluntary dues requirement to keep the community up. He stated the amount of dues that the homeowners association asked for was $60.00 a year and that was to maintain the public areas of the community. Mr. burden stated the City helped Chatelaine by putting in ~/2 million dollars worth of material and work to upgrade the community because the community was declining. As a result of that, it was agreed that they would maintain it for a year and then it would be the responsibility of the homeowners. Mr. burden stated out of the 201 homes in Chatelaine only about 25 people pay their annual dues so most of the upkeep has been done by the few people who run it. He stated the community ran out of funds and the water bill, light bill, and the maintenance of the areas came out of his pocket because he refuses to see the community go down as a result of people not showing interest. Paul Zacks, 748 Place Chateau, Delray Beach, FL 33445 (has lived in Chatelaine for 29 years and President of the Chatelaine Homeorvners' League twice, and Chair of the Planning and Zoning Board), stated there were a number of reasons why the Planning and Zoning Board voted this down. Mr. Zacks stated the Board was concerned about a lack of notice to the community which has subsequently been rectified. He stated the fact that only 25 people are paying their dues right now is a product partially of the economy but is also because a lot of the people do not like the way the association is being run. Mr. Zacks stated it is the association and maybe a handful of members that have been having all the contact. He stated it was pitched to the members of the community that Chatelaine was going to get a wall on the exterior along Barwick Road and Lake Ida Road and there was also going to be some improvements to the front end and sidewalks installed. Mr. Zacks stated somewhere along the line the group changed the improvements without a vote and there was no wall and he understands there were some property line problems with that. Therefore, he stated the project changed and there has never been an agreement in writing or orally with the majority of the homeowners in Chatelaine that they would pay for this upkeep. Mr. Zacks stated the homeowners never agreed to pay a tax on it. Mr. Zacks stated Chatelaine will take care of their own neighborhood by painting and having cleanup parties, etc. because this is not a city problem that should justify a tax. 18 12/01/09 Etienne Inel, 3431 Avenue Villandry, Delray Beach, FL 33445 (Chatelaine), stated he has lived in Chatelaine for 13 years and has never known there was an association. He stated prior to purchasing his home he checked with his realtor who informed him that Chatelaine had no association. Mr. Inel stated if he has to pay a maintenance fee he will move out. Emmanuel Guerrier, 715 Avenue Chaumont, Delray Beach, FL 33445 (Chatelaine), has lived in Chatelaine for 17 years and asked if the City has found out how many foreclosures and loan adjustments Chatelaine has had. Mr. Guerrier stated this is the wrong time to place another burden on the citizens of Chatelaine. He stated for the two times that he attended the association meetings there are certain people who believe that they own Chatelaine and that they can do anything they want. Brenda Ashe In raham 3324 Chatelaine Boulevard Delra Beach FL 33445 (Chatelaine), stated every month a sign is posted at every entrance of Chatelaine announcing when meetings will be held. She stated very little concern is shown for what is going on in Chatelaine. Ms. Ingraham stated she is listening to so much disagreement with paying $50 a year. She stated if the entrance to a development is not kept up the image of the development will go down and the value of the property is going to go down. Ms. Ingraham stated if she sees the properties going down in value she will be the first one out. She stated the community would not be in this predicament if people had paid their dues. Ms. Ingraham stated block captains go around delivering newsletters and talk to them but they still do not pay. She stated thank God for the few people that are running the association because Chatelaine would be in worse shape than it is now. Ms. Ingraham stated we are not in that much of an economic stress that people cannot pay $50-$60 a year. Patricia Duncan, 3632 Avenue De Gien, Delray Beach, FL 33445 (has lived in Chatelaine fora roximatel 10 ears stated she is glad that the association is there and was a member for the first year or so. Ms. Duncan stated she has lost her job and she is very much in stress so $50.00 a year is a lot of money to her right now although it is not a lot to keep her community in tip top shape. She stated if she can be guaranteed that the fee is $50.00 a year and will not be any more then she can try to fmd $50.00 from somewhere. Ms. Duncan stated she was not on the list of people who voted for this and urged the Commission to find out how many people voted for this. She stated she paid the City $1,500.00 because her car was parked illegally. 1VIs. Duncan stated she wants to live in a nice community. ,Ta ne Kin 3400 Place Valenca Delra Beach FL 33445 resident of Chatelaine), stated Chatelaine has block captains go out and deliver newsletters to everybody and signs are posted at the entrances informing every one of the association meetings. Ms. King stated airyone is welcome to get involved but they just want everyone to pay their fair share. She stated when the contract was up and Chatelaine ran out of money she received all kinds of complaints. Ms. King stated this is when the homeowners association went to see Mayor McDuffie and also talked with former Commissioner Mackenson Bernard who walked around and spoke to people. She stated 19 12/01/09 Chatelaine has had a challenge with everyone paying their fair share. Ms. King stated when you break it down it comes to $1.00 a week and believes it is possible. Alice Finst 707 Place Tavant Delra Beach FL 33445 Chatelaine stated the deed restrictions were renewed in 199$ and stated she is the Editor of the newspaper and they put out at least four issues a year maybe more. Mrs. Finst stated for a long period of time the newsletter was printed in Creole and at one point the newsletter was also printed in Spanish. She stated the newsletters are delivered and there is a sign when there is a neighborhood meeting and announced that the meetings are the last Sunday of the month and are open to anyone. Mrs. Finst stated $50.00 a year is $1.00 a week and .15 a day. Mrs. Rinst stated this is a community and everyone needs to make their fair share contributions with what needs to be done. An€~os Dieu'uste 3631 Avenue Montressor Delra Beach FL 33445 (has lived in Chatelaine since 1993), stated if he sees trash around he picks it up because he loves where he lives but expressed concern over the increase in their water bills. He stated he does not mind paying $50.00 a year but asked that the City meet the residents halfway to keep the neighborhood clean. Shawn T. Wright, 30 Lake Court, Delray Beach, FL 33444, stated years ago he lost his best friend to gang violence that came out of Chatelaine and the neighborhood next to it (Rainberry Woods). Mr. Wright stated he lives in the historical district but because of his occupation he deals with real estate in other areas of the city_ He stated the last couple of years Chatelaine has looked a lot better than he remembers it at the end of the 1990's. Mr. Wright stated his family is actually the founder of deed restrictions and the first HOA in Boston. He stated many people disagree with how HOA's are run and he can relate to this given the fact what he saw when he lived in Chatelaine and comment about the way things were being run in Rainberry Woods. Mr. Wright stated he is not in favor of the City engaging in what is a community issue that the community has to salve. He stated this is why Florida Statutes were put in place and it is not for the City Commission to go out and tell the community what they are allowed to levy upon all their neighbors. Mrs. Gray concurs that this is a community issue but if the community was maintaining the property like they were supposed to be doing the City would not be in this predicament. She recognized the homeowners association and the people who are stepping up and filling the gap for people who do not maintain their properties. Mrs. Gray stated we are in hard economic times but believes that for $50.00 a year that the community could come up with something to make sure the property is up to standards. She stated when one area is not in tip top shape it affects the entire city. Mrs. Gray states she supports Ordinance No. 60-09 because there are a few people standing up for the majority and we need those few people. Mr. Frankel asked if approving this ordinazace assesses the tax or would that come before the Commission at a later date. The City Manager stated it will be part of the regular budget considerations in August and September 2010. He thanked the 20 12/01/09 residents who came out to express their views and stated it seems as if there has not been an active level of participation in the Chatelaine community. Mr. Frankel stated based on the information that he received from the City Manager and based on the fact that this is not assessing a tax he will be supporting the ordinance. He stated people have to go to the meetings and express how they want things done. Mr. Frankel stated the residents have to participate to make a difference and he supports this ordinance. Mr. Fetzer stated he knows what it is like being President of a local voluntary homeowners association because he has been in that role and understands the challenges of trying to get involvement from a high percentage of the neighborhood. He concurs with comments expressed by Mr. Zacks and believes this is a neighborhood problem that the neighborhood needs to take ownership of and work to fix without an additional millage rate. Therefore, Mr. Fetzex stated he will not support this ordinance. Mr. Eliopoulos stated he lives in Lake Ida and there are 720 residents and about 220 of them are a part of the association. He stated it is difficult to raise money. He stated this is a community issue and expressed concern over this ordinance and the Commission having to be in control of a Board. Mr. Eliopoulos stated he is willing to make a compromise and expressed concern about what type of precedent this is going to send down the road fox every community out there. He stated he worried about how the ordinance is written and how this Commission and future Commissions would be involved with appointing these Boards and being the Executive of it. Mayor McDuffie stated this is not about residents maintaining their homes but it is about the common areas in Chatelaine (i.e. median, round-a-bouts, landscaping, irrigation, the electricity to run the irrigation, the signage, and the lightsj. He stated this ordinance allows Chatelaine to came to the, City of Delray Beach and say we need this much money next year to pay to maintain their infrastructure at which time the City takes that amount of money and makes it a part of this ordinance pass it to the Property Appraiser and the Property Appraiser adds that to the tax bills. Mayor McDuffie stated this is ad valorem tax (meaning "of value"} and one mill is the cap on this is one dollar per thousand dollars of taxable value. He stated it will not be exactly $50.00 for everyone's house because you would have to make it a non-ad valorem tax in order to do that. Therefore, Mayar McDuffie stated the higher priced homeowners would pay slightly more than the lower priced homeowners. He stated Chatelaine has said they need $ l 0,000.00 to maintain their infrastructure for the upcoming year and the City turns around and collects $10,000.00 and noted it is not City money. Mayor McDuffie stated the City and the Property Appraiser administers this but all of the money goes back into the community. He suggested that the residents take this back and speak to the neighbors and tell the Commission whether they wish for their common areas to be maintained by adding a small tax. Mayor McDuffie suggested that this ordinance be postponed to a time certain of Tuesday, December S, 2009 at 7:00 p.m. Walter Hughes, 732 Chatelaine Boulevard West, Delray Beach, FL 33444 (Chatelaine), asked for a breakdown of the cost of the electricity and water. He suggested that maybe the community can help with everything else. 21 12/01/09 week. The City Manager stated he can get this information for Mr. Hughes next Mr. Hughes asked if the Commission would like the residents to collect signatures via a petition. Mayor McDuffie stated signatures would be great and asked him to make sure that they write their address as well. Mr. Eliopoulos suggested that the information on the petition is clear and is written in Creole as well. There being no one else from the public who wished to address the Commission regarding Ordinance No. 60-09, the public hearing was closed. Mr. Frankel moved to table Ordinance No. 60-09 until December S, 2409 at 7:00 p.m., seconded by Mr. Eliopoulos. Upon roll call the Con~nission voted as follows: Mayor McDuffie -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer - No; Mr. Franke( - Yes; Mrs. Gray -Yes. Said motion passed with a 4 to 1 vote, Commissioner Fetzer dissenting. 3 O.C. ORDINANCE NO. 59-04: Consider a CRA-initiated ordinance modifying the Community Redevelopment flan; finding that the modifications conform to the Community Redevelopment Act of 1969, as amended; finding that the modifications axe consistent with the City's Comprehensive Plan, and making further findings pursuant to applicable requirements of Florida Statute 163.360. The caption of Ordinance No. 59-09 is as follows: office.} AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, MODIFYING THE COMMUNITY REDEVELOPMENT PLAN FOR THE CITY OF DELRAY BEACH FINDING THAT THE MODIFICATIONS CONFORM TO THE COMMUNITY REDEVELOPMENT ACT OF 1969, AS AMENDED; FIlVDING THAT THE MODIFICATIONS ARE CONSISTENT WITH THE CITY OF DELRAY BEACH'S COMPREHENSNE PLAN, AND MAKIlVG FURTHER FINDINGS PURSUANT TO THE APPLICABLE REQUIREMENTS OF FLORIDA STATUTE 163.360; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 59-09 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. 22 12i01~o9 Mark McDonnell, Assistant Planning Director, stated this item was before the Commission at the last regular meeting and it was approved on first reading. Mr. McDonnell stated this amendment to the Community Redevelopment Plan updates information on current plans, programs, and project descriptions as outlined in the report. He stated it updates programs in which the CRA's roll has been substantially completed; it explains new programs including the economic development initiatives for job creation and also an arts-based economic development program. Mr. McDonnell stated there is also an update to all revenues and expenses for the next five year period and an update of all maps to reflect current conditions and needs. The Pineapple Grove Main Street Executive Board (PGMS) reviewed the amendments at its November 4, 2009 meeting and recommended approval; the Downtown Development Authority (DDA) reviewed the amendments at its November 9, 2449 meeting and recommended approval, with the condition that the DDA be mentioned in the section of the West Atlantic Avenue Redevelopment Plan under Project Participants and Administration; the West Atlantic Redevelopment Coalition (WARC) reviewed the amendments at its November 11, 2409 meeting and recommended approval. The text amendment will be considered by the Planning and Zoning Board on November 16, 2449. Staff recommends approval. Mayor McDuffie declared the public hearing open. There being no one from the public who wished to address the Commission regarding Ordinance No. 59-49, the public hearing was closed. Mr. Eliopoulos asked how the CRA decides what area of the city to do such as US-1 versus the Southwest Neighborhood. Diane Colonna, Executive Director of the Community Redevelopment Agency (CRA), stated the CRA Plan does not deal so much with priorities as it does with projects and programs. Ms. Colonna stated anything in the CRA funds needs to be in the Plan. She stated different things come up and conditions change. For instance, Ms. Colonna stated last year the CRA had the funding of the tennis sponsorships and they had to amend the Plan to include that. Mr. Eliopoulos stated the Osceola Park redevelopment came before the Commission and that came before us this past year and at one paint it looked like it was the residents, the CRA, and the City as far as contributing to the cost of it. Ms. Colonna stated most of the responsibilities of the CRA were going to be the things above ground and typically the City funds the sewage, drainage, and water improvements and the CRA does the landscaping, traffic calming, and covering some of the costs for improving the alleys. She stated most of that got taken out of the Plan because people did not want to pay for it. Mr. Eliopoulos suggested that the CRA engage both the public and the private sector. Ms. Colonna stated the CRA has had a lot of meetings with different entities about how we can get some activity going with economic development and they 23 1 z~41 X49 already have a significant art element. .She stated the CRA has talked to groups about doing a technology incubator and noted there is one established in Miami and one at Florida Atlantic University (FAU}. Ms. Colonna stated Francisco Perez-Azua has been great at having lots of connections and following through on seeing what the CRA can get started. Mrs. Gray commented about the incubator program and asked if there will be a partnership with the TED Center. Ms. Colonna stated the CRA has an existing partnership with the TED Center and they are more small businesses and what the CRA is looking at is more technology. She stated the CRA is looking at more high tech companies than what the TED Center is typically working in. Mrs. Gray expressed concern over some of the things that have been in the making for years for instance the West Atlantic Avenue Redevelopment area. Ms. Colonna stated the CRA has not pushed any of that aside and noted that the redevelopment on West Atlantic Avenue is the CRA's main priority. The CRA has a Request for Proposal (RFP} far the property at 7~' and the CRA is acquiring property on S.W. 12~~' to do that street beautification, S.W. 14` street improvements, the design for S.W. 2°a Street, and moving forward with Martin Luther King (MLK) Boulevard. Ms. Colonna stated that the entire West Atlantic Avenue corridor is getting the vast majority of the budget and emphasized that the CRA is not putting any of that aside. Mr. Eliopoulos stated the CRA is going to have to get creative in the next year ar so to bring business to the community and make it more enticing. Mayor McDuffie stated he spent a day with people who do nothing but site selections for locating and relocating corporations. He stated in Delray Beach the last time he checked there were $5 or 90 acres of un-built land and in North Carolina, Arizona, Alabama, and other states across the Sunbelt these corporations are coming in and they are walking out saying this 200 acres is yours. Mayor McDuff e stated the City needs to get together with the CRA and show the best that we can possibly show for Delray Beach and find ways to entice businesses. He stated he likes the way we are going but as we begin to learn what the real world is expecting of us we have a big job. Mayor McDuffie stated the City and the CRA needs to work together to make it happen. Mr. Eliopoulos moved to adopt Ordinance No. 59-09 on Second and FINAL Reading, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. Frankel -Yes; Mrs. Gray -Yes; Mayor McDuffie -Yes. Said motion passed with a 5 to 0 vote. 9.E. REVISED PROPOSALIOLD SCHOOLS UARE RETAIL SPACE GARAGE: Consider a revised proposal from Thomas Kinsloe regarding the Old School Square garage retail space. Brian Shutt, City Attorney, stated this item is a revised proposal from Thomas Kinsloe regarding the Old School Square garage retail space. Mr. Shutt stated the last direction he received from the Commission was to go forward with the 24 12/01/09 Community Redevelopment Agency (CRA) on a lease agreement with the CRA and is scheduled for the December 10, 2009 CRA Meeting. Mr. Shutt stated in Mr. Kinslae's latest letter of intent is that he would be paying the broker's fee as well as the dock stamps. Mr. Shutt stated on the first letter of intent there were concerns that he expressed and Mr. Kinsloe has addressed those. The term far the lease purchase is for 36 months not 48 months; however, the amount is $600,000.00 and the monthly rent Mr. Kinsloe would be paying the City of Delray Beach is approximately $6,000 a month and he would like a six month grace period at the beginning because he would be building out his space. Joseph Safford, Finance Director, stated staff was asked by the City Manager to evaluate the financial statistics on this project. Mr. Safford stated if the City accepted this proposal on the $3 million taxable line of credit we still owe roughly $2.6 million after all of his payments and the only thing that would reduce the $2.6 million would be the sale of the additional space that he is not purchasing. Mr. Safford stated from a financial standpoint he does not see why the City would accept proposal #2. He stated the City originally had a little over 10,000 square feet that was tied to the $3 million taxable line of credit and some of the space Mr. Kinsloe is proposing is going outside the taxable line of credit and is going into the garage space which is the non- taxed. Mr. Safford stated there will be questions as to whether the City can utilize some of these payments to pay down the taxable line of credit or whether the City would not be able to use it an the taxable line of credit. Mr. Safford stated he cannot address the fact that Mr. Kinsloe is flaking some of the storage space in the garage and whether that is acceptable and the space that he is taking and leaving for the CRA. Mr. Safford stated the CRA has a meeting an December 10, 2009 and for them to discuss the topic of the Old School Square retail space the CRA needs an up or down vote on this issue before the Commission tonight. The City Attorney stated with regard to the taxable line of credit he spoke with bond counsel and there does not seem to be an issue if they go into and use some of the storage space in the garage as long as it does not affect the public use of the garage. He stated it does not look like it would. The City Attorney stated the City has an agreement with the Chamber, the CRA, and the developer of the old library site regarding the build out of the Chamber space. He stated if the direction of the Commission is to go forward with a plan like this the agreement would have to be modified and is not sure haw amenable the other parties are to amending that agreement. The City Attorney stated he has not talked to the developer regarding this issue. Mr. Eiiopoulos stated there is a developer that is building out their space and who would have to come up with the money to build out that extra space. The City Attorney stated he believes there is a set amount in the agreement that provides that the developer will pay; however, if it casts more than that the Chamber will then come up with that extra money. The City Attorney stated he would assume that the Chamber may want the City to take care of that where they would not be out-of-pocket anymore. 2S 12/01/09 Mrs. Gray stated the CRA mentioned that they wanted to build out the 10,000 square feet and asked haw much space will be left over because the square footage is less than what Mr. Kinsloe originally requested. The City Attorney stated he believes the CRA would still be left with b,588 square feet as far as this latest plan. Mrs. Gray asked if staff knows how much square footage would be left that the developer for the old library site may not want to be responsible for. The City Attorney stated it would reduce the current Chamber space by around 1,000 feet; however, there would be more work involved on the rear of the Chamber space as far as the concrete wall and certain changes would need to be made to make the corridor useful as far as office space. The City Attorney stated this is what he is gathering from the plan that is being presented. Mr. Eliopoulos staffed as this park develops he expressed concern with giving up some of this space and how it was designed. Richard Haska, Director of Environmental Services, stated he met Mr. Kinsloe and Commissioner Fetzer on this site on two occasions and got a firsthand view of what was being proposed. Mr. Hasko stated Mr. Kinsloe was very creative in terms of utilizing the space. He stated originally they were thinking about straight retail bays with a service entrance, a common electrical mechanical room, and provided same storage space behind that. Mr. Hasko stated because of the economic conditions and the desire to put some use to that space some of those concepts have changed and evolved. He stated everything that is being proposed that incorporates the service corridor into the space is completely doable and noted these are not structural walls but are CBS walls and noted you can move doors and cut doors into that wall. Mr. Hasko stated to create offices or restrooms in the corner behind the Chamber space would be fairly easy to do and the plumbing needs to be extended because there are service lines in the retail space and would have to be part of the build out. He stated access is just a matter of cutting the doors into the concrete wall. Mr. Hasko stated the Chamber was going to sacrifice some storefront space fora 100% of the storage space that we have provided internally. He stated in that plan one of the things that staff discussed was providing some storage space in the Chamber in the area that was created under the ramps of the garage. Mr. Hasko stated in the original garage design that area was non-accessible. Mr. Hasko stated staff then realized what volume of storage space potentially was available there. He stated staff ended up maintaining access to that area and put electricity and fre protection in there with the idea of reclaiming that formerly non-accessible space for city storage. Mr. Hasko stated staff talked about creating an access from the Chamber side into that area and give them same chained linked off smaller storage area for items that they could not accommodate inside the expanded floor space. Mr. Safford stated per the appraisal this property has a current market value of $131.00 a square foot. He stated this second proposal is three tiered because they are offering a certain price per square foot for useable space, a certain price per square foot for the corridor, and a certain price per square foot for the storage area. Mr. Safford stated when you take all of those prices and divide it by the total number of 26 12/01/09 square feet there is a net of $90.00-$91.00 a square foot versus the $131.00. He stated any money that we derive from this proposal applies to that $3 million cap. Mr. Safford stated if the City is going to receive $600,000.00 the City would still owe $2.4 million and then you have to add the interest back that we are accruing. He stated at the end of the process the City is still going to owe approximately $2.6-$2.7 million and we still have a little bit of space to sell. Mr. Safford stated the City will never derive $2.7 million out of the remaining space. He stated he thought after the first proposal the decision of the City Commission was to hold this property until the market value picked up. Meanwhile, Mr. Safford stated the CRA can lease the property and the CRA money that we retain off the rental or lease the City can pay off the line of credit but that does not apply to the cap. Therefore, Mr. Safford stated the City can still sell the property down the road for no more than $3 million. He stated by accepting this, the City would be applying money to the cap and cutting the space that they can sell. Mr. Safford stated by turning this dawn, the City would now allow the CRA to lease the entire space for a period of time to buy time for the market to pick up and have the market value pay off most of the line so there is nothing left to pay off. Mr. Safford stated if it is an outside sale (not the CRA} whatever the City derives from that sale it applies to the line of credit. He stated in this case the City is getting $600,000.00 off the $3 million means there is $2.4 million left but then there is interest accruing over this three year period of time so it goes back up $2,683,000.00. Mr. Safford stated this means the City can sell the remaining property for no more than $2.6 million for that little bit of space that is left which the City will never be able to sell so the City is going to owe money and will have to possibly take out of the general fund to pay off that taxable line of credit. He stated the CRA is an entity of the City and they can lease the property and the City can use that money to apply towards the line of credit to help lower the line of credit but from an lRS viewpoint it does not apply to the cap of $3 million which means the City can still sell it to an outside person for up to $3 million. Mr. Safford stated the City can actually make money for instance say there is $2 million left on the line of credit the City can then sell it for $2.5 million and make a $500,000.00 prof t. Mayor McDuffie asked Ms. Colonna when the CRA is going to be voting on this. Ms. Calanna stated the Board will vote on this Thursday, December 10, 2009. Mr. Fetzer complimented Mr. Kinsloe for his tenacity in going after this whole project and stated he has come up with some very creative ideas. Mr. Fetzer stated based on what Mr. Safford has explained, he is not sure if the City can make this work financially the way it is structured now. Mr. Fetzer expressed concern that if the City is going to be in a partnership with the CRA he does not want them to feel constrained that the City bought off on this plan. Therefore, Mr. Fetzer feels the City should not proceed with this Plan at this time and let the CRA address this in an unconstrained manner. Mr. Eliopoulos stated an the special aspects of the first proposal his concerns were it was not really defined. He stated although the CRA Director cannot make any commitment because the CRA Board has not looked at this the City is in a situation with the economy and the way this is structured that our only hope is to work out something with the CRA if we want to see an upswing on this. Mr. Eliopoulos stated 27 12/01/09 he would like to defer this and see what the CRA comes back with. Mrs. Gray asked how much space the Chamber is actually going to be utilizing. The City Attorney stated about 6,100 square feet is initially what the Chamber was going to have and in this revised proposal they would be losing about 1,100 square feet off the 6,100 square feet that they originally had. However, the City Attorney stated they would be gaining space in the corridor and in the rear. Mrs. Gray concurs with comments expressed by Commissioner Fetzer and Commissioner Eliopoulos. Mrs. Gray stated she has issue with using our prime property as storage space. Mr. EIiopoulos asked what is the status the old library site and the Chamber. Ms. Colonna stated there is a contract between the CRA and the developer and noted there is no formal request right now for an extension. Mr. Frankel stated he has great respect for Mr. Kinsloe for his creativeness and his proposal. Mr. Frankel expressed concern over the fnancing and stated he would like the City to do business with Mr. Kinsloe but he does not think we can do it at the price that is being proposed. Mr. Frankel stated the Commission requested that the CRA make this proposal and he feels this should be left with the CRA. Mayor McDuffie complimented Mr. Kinsloe for thinking out of the box and stated there is so much unknown right now. Mayor McDufFie stated he is impressed of what has been done but the City has a huge decision on a lot of space that the City needs to recoup some money on. Mayor McDuffie stated the packets that the Commission received tonight need to be studied more and we need to give the CRA an opportunity to let their people finish out what we already directed staff to do. He stated he does not feel that he is in a position where he has the amount of knowledge that he feels comfortable with tonight to commit this City to a contract that he is uncertain about what the end of it looks like. It was the consensus of the Commission for staff to continue with the direction with the CRA. Mr. Kinsloe stated he would like to have an opportunity to speak with Mr. Safford and go over same numbers and feels there is an opportunity for the City to make some real big money with the proposal. Mr. Kinsloe stated he would like to sit down with everyone too so that the Finance Department, the CRA, and the Chamber fully understand his proposal. Mr. Kinsloe stated the parking garage could be one of the City's finest assets through a lot of the green initiatives, the use of the storage, and noted there is a Iot more potential for the City. Randy Singer. Music Director of Van Dyke Cafe in Miami Beach ~r„esident of Delray Beach. for 15 _y_ears), stated for the past 15 years his company has consistently provided professional musical artists for several prominent music venues. 28 12/01/09 Mr. Singer stated this music venue has won several best jazz awards under his leadership and they are featured frequently in local and regional media including PBS television due to their ability to provide customers with an outstanding music experience in an upscale environment. He stated their goals far Delray Beach are: (1) to create a sustainable first class music venue excelling in music, vision, and sound, (2) to provide a setting to motivate musical artists of all ages to be original and imaginative, and (3) to inspire audiences (young and old) who support the arts and Iive music. Mr. lirankel stated he likes Mr. Kinsloe's idea clot and asked if he has looked at any other locations. Mr. Kinsloe stated he has been scouting the Delray Beach area for about 1'/2 years and feels the center of downtown off Atlantic Avenue presents the most opportunity for this to be successful. He stated further north on Federal Highway he does not feel they will draw enough pedestrian traffic. Richard Jones, Richard Jones Architecture, 10 S.E. lgt Avenue Ste. #I02 Delra Beach FL 33444 stated it is not every day that you have a client that walks in with concepts and thinking outside the box. Mr. Jones stated this Delray resident has fallen in love with the site. He stated this site has a lot of nostalgia and is the old Hugh Jorgan's location and it would be nice to see a music venue go back into this corner. Mr. Janes stated Mr. Kinsloe has found another 20-25% square footage that the City can use for sale or for lease and the CRA would still be left with two-thirds of the square footage that they had originally intended to possibly occupy. He stated the City has an opportunity for apublic/private partnership where all parties can work together (City, CRA, and private enterprise). Mr. Jones stated he feels this is worthy of a little more exploration on the financial side. 9.F. REQUEST FOR QUALIFICATIONS (RFQ)IVETERANS PARK/WORTHING PARK: Consider approving the Review Committee's rankings of responses to Requests for Qualifications (RFQ) for the Veterans Park Master Plan and Worthing Park design; and authorizing staff to enter into negotiations with the top ranked firm for each project. Richard Hasko, Director of Environmental Services, stated this is a request for the Commission to approve Request for Qualification (RFQ) rankings for the Veterans Park Master Plan and Worthing Park design and authorize staff to enter into negotiations with the top ranked firm. Mr. Hasko stated staff published two Requests for Qualifcations {RFQ's) and 17 firms responded. He stated the Review Committee consisted of Richard Hasko, Linda Karch, Randal Krejcarek, Jeff Costello (CRA), and Tim Tack, Project Manager for the CRA. Mr. Hasko stated the Committee ranked all of the respondents according to the evaluation categories and added all the points and totaled the scores. Mr. Hasko stated Glatting Jackson Kercher Anglin was the tap ranked firm for the Master Plan, Veterans -Park, as well as the design for Worthing Park. Mr. Eliopoulos inquired about the rankings. Mr. Hasko stated the RFQ's were individual at the tune and it was a combined advertisement for two separate parks so the consultants were ranked individually for each park. 29 12/01/09 The City Manager stated the tasks are somewhat different for each as well. Mr. Hasko stated Worthing Park is going through the entire process such as design drawings, whatever site plans approvals are required and ending with construction drawings and going to construction. Mr: Hasko stated the Veterans Park effort is essentially an update of a former Master Plan that dates back to the late 1980's which will also involve some community involvement in gathering information from. stakeholders as staff gets done on mast of the projects. Mayor McDuffie wants to make sure that they understand the Commission after everything with Old School Square. Mr. Eliopoulos stated he hopes we can get through this a little bit better and suggested that the Commission stay more engaged. Mr. Hasko stated any of those issues and misunderstandings has been worked out at his point and informed everyone to see Phase I. Mr. Eliopoulos moved to approve the Request for Qualifications (RFQ) for the Veterans Park Master Plan and Worthing Park design and authorize staff to enter into negotiations with the top ranked firm Glatting Jackson Kercher Anglin for each project, 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.G. SERVICE AUTHORIZATION NO. 06-08/CURRIE SOWARDS AGUILA ARCHITECTS: Approve Service Authorization No. 06-08 in the amount of $26,750.00 to Currie Sowards Aguiia Architects for professional design services regarding replacement of the concession stand and press box building at Little Fenway. Funding is available from 334-4173-572-63.90 (General Construction Fund/Improvements Other/Other Improvements). Richard Hasko, Director of Environmental Services, stated this is a request for approval of a service authorization to Currie Sowards Aguila Architects in the amount of $26,750.00 for professional design services for replacement of the concession building at Little Fenway Park at Miller Park. Mr. Hasko stated the original construction delivery method was intended to be a construction management at risk the same as the soccer complex and the garage. He stated when staff got to the final stages where staff was ready to consider the maximum guaranteed price for that agreement it was substantially over budget. At that point, staff realized that one of the quickest ways to bring the budget down was to not to use the CM at Risk Construction delivery method. Mr. Hasko stated staff decided to go to a traditional design bid build and staff was still somewhat over budget so staff started picking away at the scope to get to the final scope that they actually bid. He stated when they got to the bottom line and in order to stay within the budgeted estimates there was very little scope involved with the Little Fenway Park. Mr. Hasko stated in the process of all that staff identified issues starting with the grading and the condition of the outfield at Little Fenway. He stated the irrigation system that is out there has had sizeable holes in the outfield for these large sprinkler heads to pop up and 30 12/01/09 over the course of maintenance and time cutting the grass they tend to get grass thatches over them and makes for a dangerous condition. Mr. Hasko stated staff met at the site with the Mayor, City Manager, and representatives from Parks and Recreation and West Construction. Mr. Hasko stated they got a scope to deal with fixing the outfield and irrigation, etc. Mr. Hasko stated staff met with the architects again to give an opinion on the viability of restoring the existing concession facility as opposed to completely demolishing it and replacing it. He stated because of its age the question is does it still perform the functions and meet the needs that you need it to meet For the use of the park and the answer to that question as a consensus was "no". Mr. Hasko stated in looking at the condition of the building there is essentially four concrete pillars holding it up. He stated there is a lot of termite damage, there is a lot of rotten siding, and based on what can be seen it does not appear that it is going to be cost effective to try and rehab it as opposed to demolishing it and replacing it. Mr. Hasko stated staff has quotes to demolish the building and noted that they are trying to coordinate the relocation of the electrical equipment. Mr. Eliopoulos stated in his professional opinion this fee is too high. He stated we hire a structural engineer to evaluate a building asking them if we should save it and then we hire them to do the drawing. He suggested that in the future the City hire someone else to do the evaluation. Mr. Eliopoulos suggested that Mr. Aguila come before the Commission to describe what the scope is because he does not see it. Mr. Hasko stated the scope starts with a discussion with staff and a reprogramming of the facility. He stated the primary focus was the condition of the building and the second was the programming of it. Mr. Eliopoulos asked if staff ever considered asking the architect who was doing Miller Park do this project. Mr. Hasko stated Kimley-Horn did the architectural design for the buildings and the buildings were designed for the firm that provides the pre-fabrication and was the same firm that did the soccer complex and staffs experience with that 1=arm has been a little disappointing in terms of what they promised the City. Mr. Hasko stated Kimley-Horn is an excellent firm. Mayor McDuffie stated this is a press box, concession stand, restrooms, storage areas, electrical room and a front porch for the scoring area up against the field. Mr. Hasko stated he will go back to Mr. Aguila and negotiate the fee. It was the consensus to table this item to the regular meeting of Decez~aber S, 2009. 9.H. APPOINTMENT TO THE PARKING MANAGEMENT ADVISORY BOARD: Appoint one {1) Citizen-At-Large Representative to the Parking Management Advisory Board to serve an unexpired term ending July 31, 2011. Based upon the rotation system, the appointment will be made by Mayor McDuffie {Seat #5). 31 12/01/09 Mayor McDuf~e stated he wished to appoint Bruce Gimmy as a Citizen- At-Large Representative to the Parking Management Advisory Board {PMAB) to serve an unexpired term ending July 31, 2011. Mr. Eliopoulos so moved, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mrs. Gray -Yes; Mayor McDuflie -Yes; Mr. Eliopoulos --- Yes; Mr. Fetzer -Yes; Mr. Frankel -Yes. Said motion passed with a 5 to 0 vote. 9.I. EMPLOYEE RECOGNITION FOR FY 2049 BUDGET SURPLUS: Consider approval to recognize employee efforts for the FY 2009 budget surplus by providing all full-time employees an extra day off on December 23, and all Civil Service employees a net Christmas bonus of $250.00. (Addendum) The City Manager stated the employees worked very hard to enable the City to come in with a surplus when staff anticipated a deficit when the revenues fell almost $1 million short of projections. He stated he wanted to do something similar to what was done last year to recognize employees' contribution to that. The City Manager stated he would like to give all full-time employees Wednesday, December 23, 2009 off with pay and for all Civil Service employees give them a Christmas bonus of $250.00 since all the bargaining unit employees were eligible for pay increases because of the continuing nature of their contracts. The City Manager stated all Civil Service employees had their salaries frozen this year and therefore would like to give them a Christmas bonus. Mr. Eliopoulos stated he supports giving employees the extra day off. He stated last year the Commission approved a $100.00 bonus for all civil service employees which totaled $80,OOOAO. Mr. Eliopoulos expressed concern over the $80,000.00 and whether or not it should be across the Board (as was done last year) ar just not approving it because it is not appropriate at this time because of the economy. The City Manager stated something needs to be done for the Civil Service Board employees because there are rumblings about creating a White Collar Bargaining Unit. He stated Civil Service employees' salaries have been frozen where others have not. The City Manager stated the amount is adjustable and if the Commission feels the City needs to do this for everybody then this can be done. The City Manager reiterated that something needs to be done for Civil Service employees. Mrs. Gray suggested that the Commission look at giving a $100.00 Christmas bonus for everyone. Mr. Frankel stated he is open to do something for the employees and expressed concerns about next year's budget and that there are even more cuts coming. Mayor McDuffie stated the Commission challenged everyone to work smarter and they did. The City Manager stated the employees under spent the budget by approximately $2 million. 32 12/01/09 Mr. Frankel stated everyone contributed to help saving the City money and feels something should be done far everyone across the board. Mr. Fetzer stated civil service employees had no increase last year and no increase in this year's budget and the bargaining units did get raises in accordance with their existing contracts. He stated if this is going to be done he would rather direct that money towards the civil service employees who have not received anything for the last two years. However, Mr. Fetzer stated he does not want to cause more division with the work force by giving different amounts and based on what the City is facing next year with the budget, the appropriate thing would be to give the extra day off but no bonus. Mr. Fetzer moved to approve to give all full-time employees an extra day off on Wednesday, Decembex 23, 2009, seconded by lvlr. Eliopoulos. Upon roll call the Commission voted as follows: Mayor McDuffte -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer Yes; Mr. Frankel -Yes; Mrs. Gray -Yes. Said motion passed with a 5 to 0 vote. At this paint, the time being 10:10 p.m., the Commission moved to Item ll, Comments and Inquiries on Non-Agenda Items from the City Manager and the Public. ] ].A. City Manager's response to prior public comments and inquiries. The City Manager stated Kevin Rouse spoke at the last meeting about several different items with regard to signage that is on Atlantic Avenue. The City Manager stated the City feels it is reasonable to leave the signs up for thirty (30) days after the roads are reopened for vehicular traffic and the City is also working on a proposed amendment to the sign code to provide directional signage in the right-of--way along Atlantic Avenue for businesses located on side streets. He stated we are in the research stage looking at other City sign codes that have other similar provisions and our goal is to have this one ready to be considered by the appropriate Boards by mid-January 2010. The City Manager stated Mr. Rouse also expressed concern about valets driving past his business at high rates of speed. The City Manager stated the City will ask the Police Department to monitor that. Also, he believes that once the street is reopened they will have no reason to go that far south and it will help to correct the problem. The City Manager stated Mr. Rouse also expressed concern about street lights and staff is in the process of completing an inventory of existing street lights in the area bounded by Atlantic Avenue and S.E. 2nd Avenue, Swinton Avenue to S.E. 5th Avenue. Once the inventory is completed and the current street light policy is reviewed a determination will be made regarding the need for additional street lights. Secondly, Ms. Moody expressed concerns about the landscaping on West Atlantic Avenue. The City Manager stated the beautification project completed on West Atlantic Avenue is the last beautification project on the Atlantic Avenue corridor to create a continuous look and feel from I-95 to A-1-A. The City Manager stated the City will do the best they can to minimize any disruption to the ground cover plants. The City Manager stated the Parks and Recreation Department trims the palm fronds and he rarely 33 12/01/09 sees one that falls. With regard to the electrical boxes at the base of the trees and light poles, the City Manager stated they are installed in support of special events and exist in most other stretches of Atlantic Avenue. They are inspected on a regular basis and repaired as needed. 11.B. Frorn the Public. None. 12. FIRST READINGS: A. None At this point, the Commission moved to Item 13, Comments and Inquiries on Non-Agenda Items from the City Manager, City Attorney, and the City Commission. 13.A. City Manager The City Manager stated Commissioner Gray asked that Mrs. Butler present the services that are offered through the Neighborhood Resource Center (NRC) and other services provided by non-profit partners or groups for residents living in the Southwest and Northwest neighborhoods at a scheduled Workshop Meeting. The City Manager stated Mrs. Butler is prepared to do this presentation at the 3anuary Workshop Meeting of 7anuary 1 Z, 2010. Secondly, the City Manager stated on November 19th he attended the first day of the Florida League of Cities Legislative Conference and noted he is on the Urban Administration for Legislative Priorities and the first priority that they adopted was to get repealed (The Prohibition on Local Government Expenditures for Issue Campaigns). The second priority was amending the requirements for public notice. The City Manager stated they are not sure if this will happen this year but noted that newspapers are shrinking and disappearing in some cases. Therefore, the City Manager stated the City wants to allow for more Internet advertising and other means of advertising rather than having sole legal requirement be through the newspapers. The City Manager stated he believes this is what will happen eventually. Lastly, the City Manager stated there was a law passed Iast year that the Clerks of Courts are interpreting to mean that they can withhold ten {10%) percent of alI of our traffic fines off the top and staff is trying to get this clarified. 13.B. City Attorney The City Attorney had no comments and inquiries on non-agenda items. 34 12ia1ro9 13.C. City Commission 13.C.1. Mr. Fetzer Mr. Fetzer had no comments and inquiries on non-agenda items. 13.C.2. Mr. Eliopoulos Mr. Eliopoulos stated Thursday he was with his son at Pompey Park serving the community. Secondly, he stated several people were with Dolores Rangel, Administrative Assistant, for "You Are Not Alone" and noted it was a great turnout. Lastly, Mr. Eliopoulos announced that Ms. H. Ruth Pompey passed away and her funeral will be held on Saturday, December 5, 2009. He stated we lost a true leader of our community. 13.C.3. Mrs. Gray Mrs. Gray thanked Atlantic High School for inviting her to participate in the reading program. Secondly, Mrs. Gray stated she will be attending the meetings for the Knights of Pythagoras at Atlantic High School. Mrs. Gray stated since we are trying to recoup the dollars from the parking garage at Old School Square we need to look at relocating the Chamber of Commerce to another location. 13.C.4. Mr. Frankel Mr. Frankel stated as a follow-up to his email regarding Palm Beach County looking into the pain clinics, they are going to establish a moratorium. He suggested that the City of Delray Beach will follow up on whatever lead Palm Beach County takes on this issue. Birthday". Secondly, Mr. Frankel wished Commissioner Eliopoulos a "Happy 13.C.5. Mayor McDuffie Mayor McDuffie stated Monday he rode with people from the Office Depot Foundation and delivered 37,500 pounds of frozen turkeys. 35 12/01/09 Secondly, Mayor McDuffie commented on Project Holiday {"You Are Not Alone"j and stated the turnout was great. He stated over 300 boxes were shipped to the troops in Afghanistan and Iraq and Delores Rangel, Administrative Assistant, should be commended for spearheading this project. Mayor McDuffie stated this was a tremendous outpouring from the entire community to make that happen. There being no further business, Mayor McDuffie declared the meeting adjourned at 10:20 p.m. City Clerk ATTEST: MAYOR The undersigned is the City Clerk of the City of Delray Beach., f'lorida, and the information provided herein is the Minutes of the Regular City Commission Meeting held on December 1, 2009, which Minutes were formally approved and adopted by the City Commission on City Clerk NOTE TO READER: If the Minutes you have received are not completed as indicated above, this means they are not the official Minutes of the City Commission. They will become the official Minutes only after review and approval which tray involve some amendments, additions or deletions as set forth above. 36 12~o va9 - FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS LAST NAME-FIRST NAME---MIDDLE NAME NAME OF' BOARD, COUNCIL, COMM]SSION, AUTHORITY, OR CQINMfTTEE Bliopaulos Gar MAILING ADDRESS 7HE BOARD, COUNCIL, CDMMESSION, AUTHORITY OR GOMAAnTEE ON ~~5 tieaT ~ Bush $aulev WHICH 1 SERVE IS A UNrr OF: CITY COUNTY Crrr ^ GOUNTY ^ OTHER LOGAL AGENCY Delray Beach, Florida 33~~i4 Pa]an Beach NAME OFPOLrF1CALSUBr7IViSION: City ~of Delra DATE ON WHICH VOTE OCCURRED y MY POSrnON I5: December 1, ~©09 X;ti ELEGTIVI- ~ APPOINTIVE WHO MUST FILE FORM 8S This form is for use by any person serving at the county, city, ar other IacaE level of government on an appointed or elected board, council, commission, au#hority, or committee, It applies equally to members of aduisary and non-advisory bodies who are presented with a voting conflict of interest under Section 112.3943, Florida Statutes. Your responsibilities under the law when €aced with voting on a measure in which you have a Gontlict of interest will vary greatly depending an whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions an this form before completing the reverse side and filing the form. ;v INSTRUCTIONS FOR COMPLIANCE WITH SECTkON 712.3'#43, FLORIQA STATUTES A person holding elective or appointive county, municipal, ar other lncaf public office MUST ABSTAIN from voting on a measure which inures to his or her special private gain ar loss. Eaeh elected or appointed local officer atso is prohibited from knowingly voting on a mea- sure which inures to the special gain or less of a principal (other than a government agency) by wham ho or she is retained (including the parent organization or subsidiary of a corporate principal by which he or she is retained}; to the special privake gain or loss of a relative; or to the special private gain or loss of a business associate. Commissioners of community redevelopmen# agencies under Sec. 163.356 or 183.357, F.S., and officers of independent special tax districts elected on a one-acre, one-vote basis are not prohibited from voting in that capanity_ For purposes of this ]aw, a "relative" includes only the officer's fa#her, matter, son, daughter, klasl~and, wife, brother, sister, father-in-law, mother-in-law,- son-irl-law, and daughter-in-law. A "business associate" means any person or entity engaged in nr carrying on a fusiness enterprise with the officer as a partner, joint venturer, nnnwner of prnperry, nr norporate shareholder (where the shares a€ the corporation are not lisfed on any national ar regional stock exchange). ~! i t 4 t ,k ,F ,F H k it it * • ~ it ELECTE© OFFICERS: In addition to abstaining Pram voting in the situations described above, you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature a€ your interest in the measure on which you are abstaining from voting; acrd WITHIN 15 DAYS AFTER. THE VOTE OCCURS by completing and filing this form with the person responsible for recording the min- utes of the meeting, who should incorporate the form in the minutes. # # y, i 4 ~ ~ ; t t t t * ~k * R k APPOINTED OFFICERS; Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision, whethor orally or in writing and whether made by you or of your direction. IF YOU INTI=ND TO MAKE ANY ATTEMPT TO INFLU£NC£ TH£ D£CI510N PRIOR TO TH£ MEETING AT WHICH THE VOTE WILL BE TAKEN: • You must complete and file this farm (before making any attempt to influence the decision} with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. (Continued on other side) cE 1=oaM ai3 - E3-i-. ~rzoaa I'A~~ ~ 1 ~"~-Yl~l. ~ . c APPOINTED OFFICERS (continued} • A copy of the farm must be provided immediately to the other rrs~mbers of the agency. • The form must be read publicly at the next meeting after the form is filed. lFYOU MAKE NO ATTEMPTTQ INFLUENCE THE DECISION EXGEI'T BY DISCUSSION AT THE MEETfNG: - You must disclose orally the nature of your conflict in the measure before participating. • You must complete the farm and file it within 15 days after the vote occurs with the person responsible far recording the minutes of the meeting, who must incorporate the form in the minutes. A copy of the form must be provided immediately to the other members of the agency, and the form must be read pubf€cly at the next meeting after the farm is ftled. DIISCLOSLIRE OP LOCAI, OFFICER'S INTEREST l,, Gary >/liopoulos ,hereby disclose that an December 1 :-, .~._ - - , 2g 09 (a) A measure came or will come before my agency which {check one) ,~, inured to my special private gain or loss; ~ inured to the special gain or loss of my business associate, Rapt & 1;~~opoul°s Architecture inured to the special gain or loss of my relative, • ,,,~, inured to the special gain or loss o€ , by whom I am re#ained, or inured to the special gain ar foss af. __ _ _ ,which is the parent organization or subsidiary of a principal which has retained me. (b) The measure before my agency and the nature of my conflicting interest in the measure is as follows: 1 ~0 4 Date Filed rgnafure NOTICI=: UNDER P1ZOV15JON5 ~F FLORIDA S7ATIJTES §932.317, A FAILURE TO MAKE AEVY REQU9RI=1~ f]1SCLE3Sl1RE CONSTITUTES GROUNDS FOf2 AND MAY 8E PUNISHED BY DIME OR MORE ©F THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPEN51©N FRaM QFFICE Oft EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, FtEPR1MAND, OR A CIVIL PENALTY NOT TO EXCEED $30,©[]0. cl= t=ataM $a - EI=I=_ #rzooa ~ Pa~E z DECEMBER 8, 2009 A Regular Meeting of the City Commission of the City of Delray Beach, Florida, was called to order by Mayor Nelson S. McDufFie in the Commission Chambers at City Hall at 6:00 p.m., Tuesday, December 8, 2009. 1. Roll call showed: Present - Commissioner Gary P. Eliopoulos Commissioner Fred B. Fetzer Commissioner Adam Frankel Commissioner Angeleta Gray Mayor Nelson S. McDuffiie 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 Linda Mobley with Cason United Methodist Church. 3. The Pledge of Allegiance to the flag of the united States of America was given. 4. AGENDA APPROVAL. Mayor McDuffie noted the addition of Item 7.B., XPE Snorts Presentation by addendum. Mr. Eliopoulos moved to approve the Agenda as amended, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mr. Fetzer -Yes; Mr. Frankel -Yes; Mrs. Gray -Yes; Mayor McDuffie -Yes; Mr. Eliopoulos -Yes. Said motion passed with a 5 to 0 vote. 5. APPROVAL OF MINUTES: None. 6. PROCLAMATIONS: 6.A. Delray Medical Center Day -December 8, 2009 Mayor McDuffe read and presented a proclar~nation to Chief David James, Assistant Chief of Administration Danielle Connor, and Division Chief/EMS Victor 12/08/09 Williams proclaiming December 8, 2009 as Delray Medical Center Day. 6.B. Calling for the First Non-Partisan Election to be held on March 9, 201p Mayor McDuffie read and presented a proclamation to Chevelle D. Nubia, City Clerk, hereby calling for the First Nonpartisan Election to be held on Tuesday, March 9, 2010 between the hours of 7:00 a.m. and 7:00 p.m., at all the precincts and polling places in the City of Delray Beach as designated by the Supervisor of Elections. 7. PRESENTATIONS: 7.A. RESOLUTION NO. GO-09: Approve Resolution No. 60-09 recognizing and commending Marc Woods for 30 years of dedicated service to the City of Delray Beach. The caption of Resolution No. 60-09 is as follows: office.) Woods. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, RECOGNIZING AND COMMENDING MARL WOODS FOR THIRTY YEARS OF DEDICATED SERVICE TO THE CITY OF DELRAY BEACH. {The official copy of Resolution No. 60-09 is on ale in the City Clerk's Mayor McDuffie read and presented Resolution No. 60-09 to Marc Mr. Frankel moved to approve Resolution Na. 60-09, seconded by Mr. Eliopoulos. Upon roll call the Corramission 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. 7.5. XPE S orts Presentation on the ro osed use of the Seacrest Soccer Complex (AddenduntJ Tavarius "TJ" Jackson President of XPE S orts -South Florida stated he and his partnexs are trying to bring a program to the City of Delray Beach that benefits the kids as well as the entire community. Tony Villani, founder of XPE Sports -Atlanta, stated he lived in South Florida for approximately three years working with same professional athletes and he met TJ when he was in college trying to make his dream of playing in the National Football League (NFL) and he was the Palm Beach County Player of the Year and graduated from Virginia Tech. Mr. Villani stated Mr. Jackson then moved to Atlanta, GA and trained 2 12/08/09 with him because it did not work out for him in the NFL. TJ Jackson came back to South Florida and opened up anon-profit company and started coaching. Mr. Villani stated they held a weeklong camp for anybody that needed to be mentored and the week was filled with SAT, ACT prep, how to balance a check book, and life skills. He stated every Saturday he would bring some pro athletes for the life skills preparation. Mr. Villani stated they did it this past year with some help from some people in the city and they had about 20 NFL players in town and worked with approximately 250 kids for free on Saturday. Mr. Villani stated he saw the impact that TJ was having here being a local resident and he wanted to get back down to South Florida. He stated it is their goal to use the sports training of the pro athletes and the pro athletes themselves as a nugget to attract the kids to train with them for free as long as they complete their proper school work and stay out of trouble. Mr. Villani stated they are working with a couple of lieutenants in the Police Department that helped them select about two dozen kids. They can and training will start in January 2010 on Tuesdays, Thursdays and Saturdays. Mr. Villani stated they don't make Tuesday, Thursday, Saturday if they do nat complete their Monday and Wednesday school work. He stated they want to attract the athletic kids. They can get a scholarship but if they do not have the grades to get into college, it is over for them. Mr. Villani stated they have an indoor facility, that being the inside Level 5 fitness gym, and they provide training for pro athletes down to high school kids. He stated they would like to have ayear-round camp. Mr. Eliopoulos asked how the training works. Mr. Villani stated the training is not just made for NFL football players but it is made far anybody who is trying to become more athletic. He stated they are doing a soccer camp for the Haitian community for free so with the piece of turf at the soccer complex they have an area to keep doing camps and never have to run on the grass. Mr. Villani stated their goal is to have 24 kids by the time school starts in January 2010. Mr. Eliopoulos asked if the Astroturf gets hot. Mr. Villani stated Astroturf does get hot but the new kind of Astroturf that is like glass does not really have a life limit on it. He explained that if you are in sneakers the old school turf when you used to stop it was almost like stopping on carpet when it would grab your foot and you would twist your ankle and tear up your knees. Mr. Villani stated this is the new type of turf that they are putting in domes and outside fields. He stated Boca High's field has the new turf as well as Florida Atlantic University (FAU). Mr. Villani stated they are currently working on bids. Mrs. Gray asked where they will be tutoring. Mr. Villani stated they talked to a few City officials about that and possibly the library but they are still working oil getting that component set up. He stated if there is not a place for these kids to study after school on Monday or Wednesday, they can't go home and he wants them to have a place to stay. Mayor McDuffie asked what size of turf area they need. Mr. Villani stated the size of the training turf is going to be about 15 x 25 yards and that is enough room to train at least 24 athletes at a time and off of that piece it is going to have an 3 12/08/09 extension that is an additional 40 yards lang. Mr. Villani stated they are lucky enough to be funded by a few pro athletes and one of them has been down here countless times and helps out kids more than anyone. Mr. Villani stated this pro athlete is going to help them fund a speed and agility training center that sits an that turf. He stated they want to teach the soccer, Lacrosse, the Delray Rocks and all the coaches how to use it. Mr. Frankel stated he has heard a lot about the program and he thinks it is great. He stated his dad was a former agent so he grew up seeing many athletes who gat the big money picture, etc. and unfortunately they played a few years and situations changed. Mr. Frankel stated it is nice to hear not only are they going to get the greatest athletic guidance but they are going to know the real life picture and be made to hit the books in order to participate. The City Manager stated the City Attorney's office is in the process of negotiating an agreement for the use of facilities at the soccer complex and staff may bring this before the Commission if they meet later in the month. The City Manager stated staff wanted the Commission to have a little more background so that when it comes before the Commission they will know more about what it involves. S. CONSENT AGENDA: City Manager Recommends Approval. B.A. CONTRACT ADDITION (C.O. NO. 7) WEST CONSTRUCTION, INC./MILLER PARK IMPROVEMENTS: Approve a Contract Addition {C.O. No. 7) in the amount of $8,824.00 to West Construction, Inc., far the infield surface replacement and warning track extension at Little Fenway. Funding is available from 334-4173-572- 53.90 (General Construction Fund/Improvements Other/Other Improvements}. 8.B. PURCHASE ORDER INCREASEINUTTING ENGINEERS OF FLORIDA: Approve an increase of $3,250.00 to Nutting Engineers of Florida, Inc. far additional testing services far the Miller Park Improvements Project. Funding is available from 334-4173-572-53.90 (General Construction Fund/Improvements Other/Other Improvements). B.C. COIVIM[)NITY DEVELOPMENT BLOCK GRANT CDBG SUB- RECIPIENT FUNDING AGREEMENT/ACHIEVEMENT CENTERS FOR CHILDREN AND FAMILIES: Approve and authorize execution of asub-recipient funding agreement with the Achievement Centers for Children and Families under the Community Development Block Grant {CDBG) program for FY 2009-2010, with total funding in the amount of $80,000.00. Funding is available from 118-1966-SS4-82.09 (Neighborhood Services/Other Grants and Aids). B.D. GRANT APPLICATION/2009 STAFFING FOR ADE UATE FIRE AND EMERGENCY RESPONSE (SAFER): Provide authorization far submission of a grant application to the U.S. Department of Homeland Security's Federal Emergency Management Agency (FEMA} for ARRA funding to hire four {4) additional Firefighter/Paramedics to complete the staffing at Station #2. 4 12/08/09 8.E. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period December 1, 2009 through December 4, 2009. 8.F. AWARD OF BIDS AND CONTRACTS: 1. Bid award to Shenandoah Construction in the amount of $15,300.00 for the maintenance of 1,450 lineal feet of storm water pipe which includes cleaning and televising of the Thomas Street Pump Station drainage system. Funding is available from 448- 5416-538-46.90 (Storm Water Utility FundlRepair and Maintenance Service/other Repair /Maintenance Cost). 2. Purchase award to Equipment Experts in the amount of $35,000.00 for the purchase of one (1) used 350 gallon spray rig, one (1) used John Deere fairway mower and one (1) Toro triplex tee mower. Funding is available from 445-4761-572-64.90 (D B Municipal Golf Course/Machinery/Equipment/Other Machinery/Equipment}. 3. Purchase award to Tanner Industries at an estimated cost of $28,000.00 via the City of St. Augustine, Florida Bid #PW2007- OS for the purchase of anhydrous ammonia. Funding is available from 441-5122-536-52.21 (Water and Sewer Fundl4perating Supplies/Chemicals}. Mrs. Gray moved to approve the Consent Agenda, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mrs. Gray -Yes; Mayor McDuffie -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. Frankel -Yes. Said motion passed with a 5 to 0 vote. 9. REGULAR AGENDA: 9.A. WAIVER REQUEST/103 NW 3~ AVENUE: Consider a waiver request to Land Development Regulations (LDR} Section 4.5.1(E)(3){a){1){c), "Fences and Walls", which prohibits fences and walls over four feet {4') high located within front or side street setback; for a fence measuring approximately 6' in height proposed within the side street setback, and an arbor, measuring approximately 7' in height within the front setback. (Quasi-Judicial Hearing) Mayor McDuffie read into the record the City of Delray Beach procedures far aQuasi-Judicial Hearing for this item. Chevelle D. Nubia, City Clerk, swore in those individuals who wished to give testimony on this item. Mayor McDuffie asked the Commission to disclose their ex parte communications. The Commission had no ex parte communications to disclose. 12/08/09 Paul Dorling, Director of Planning and Zoning, entered the Planning and Zoning Department project f le #2010-013 into the record. Mr. Dorling stated this is a waiver request to LDR Section 4.5.1.(E)(3}(a)(1)(c}, Fences and Walls, which prohibits fences and walls ovex four feet (4'} high to be located within front or side street setbacks. A waiver has been requested for a fence measuring approximately 6 feet in height proposed within the side street setback, and an arbor, approximately 7' in height within the front setback. Mr. Dorling stated this went before the City Commission previously. At its meeting of December 2, 2009, the Historic Preservation Board (HPB} considered a Certificate of Appropriateness (COA) and the waiver requests. The HPB approved the COA and recommended approval of the waiver requests. Mr. Dorling stated the aesthetic issues are not one that apply to this and staff recorncnends approval of these waivers subject to positive Endings to LDR Section 2.4.7(B){5) that is contained in the backup material. Bruce Newell, AgglicantlOwner, 103 N.W. 3~d Avenue, Delray Beach, FL 33444, stated the main reason for this is for safety and security as well as not seeing some of the unsightly things that have been happening in his yard. Mr. Newell stated far a long time his home was abandoned and became a place for people to hang out and do various activities. There was no cross-examination or rebuttal. 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 give public testimony on this item, 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 (approving the waiver requests), seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mayor McDuffe -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. Frankel -Yes; Mrs. Gray -Yes. Said motion passed with a 5 to 0 vote. 9.B. B_ONUS PAYMENT TO JCD SPORTS GROUP, INC.: Consider approval of FY 2009 bonus payment to 7CD Sports Group, Inc. for bath golf operations in the amount of $15,498.00 and for Tennis Center operations in the amount of $5,992.50. Funding is available from 445-4711-572-34.90 (Delray Beach Municipal Golf Course Fund/Other Contractual Service), 446-4711-572-34.90 (Lakeview Golf Course/Other Contractual Service), 001-4215-575-34.90 (General FundlOperating 6 12/08/09 Expenses- MiscellaneouslOther Contractual Service) and 001-4210-575-34.90 (General FundlOperating Expenses-Mist/Other Contractual Service). Robert A. Barcinski, Assistant City Manager, stated the Commission is requested to consider bonus payments to JCD Sports Group for fiscal year 200$-09 in the amount of $15,498.00 for the golf operations and $5,992.50 for tennis operations. Mr. Barcinski stated this request is in accordance with the contract which allows up to 15% of the base fee and is based on performance measures that Commission appxoves on an annual basis. Staff has reviewed the performance measures and point totals and agrees with the request. Mr. Frankel moved to approve the bonus payments to JCD Sports Group for the golf and tennis operations, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. Frankel - Yes; Mrs. Gray -Yes; Mayor McDuffie -Yes. Said motion passed with a 5 to 0 vote. 9.C. AGREEMENT/AMERICAN TRAFFIC SOLUTIONS (ATS): Consider a proposed agreement between the approved vendor, American Traffic Solutions (ATS), and the City for the implementation of a Red Lig11t Enforcement Program. Sharon L'Herrou, Administrative Manager, stated this is a proposed contract between American Txaffic Solutions (ATS) and the City for the implementation of a Red Light Enforcement Program. Mrs. L'Herrou has already been brought before the Commission at its various stages first when the Commission approved the ordinance last November followed by discussion of the RFP and then selection of the vendor. She stated if approved tonight the contract still does not become official until after favorable legislation has been passed and staff issues a notice to proceed. Mrs. L'Herrou stated the reason staff is bringing this to the Commission at this stage is it would allow the project to move forward without any real risk to the City at this time. She stated following approval tonight, the vendor would move forward with selection of the intersections, surveys of the intersections, preliminary permitting, etc. Mrs. L'Herrou stated the contract term. was revised from five years to three years because they wanted the 90-day out which. is a provision far termination far any reason with or without clause. She noted that the vendor did not agree to that provision and therefore this is why the contract term has been reduced and staff also included some items to protect the City including that termination with cause will include things such as changes in legislation or unfavorable court decisions. Mrs. L'Herrou stated this contract guarantees that the City will not expend more in vendor fees than is collected from the project. She stated the City negotiated an option to change the compensation pricing annually. Mrs. L'Herrou stated the City Attorney had expressed some reservations over the indemnification. She stated ATS is working with aver 60 cities throughout the state and when the RFP process was done the City had three submissions and ATS were the only viable vendor that bid. One vendor withdrew and the other was not able to demonstrate that they had completed a similar project. Mrs. L'Herrou stated staff has been negotiating this contract with ATS for six months. 7 12/08/09 Mr. Eliopoulos asked what the positives are for the City going with this contract right now pending the outcome. The City Manager stated either there will be a court decision saying using the code enforcement process is legally okay or there will be legislation that will authorize under the State's traffic code the utilization of this process. He stated when one of those happens staff would like to be in the position to immediately implement the system. However, the City Manager stated there is preparatory work that has to be done in order to implement and by having this all in place if the legislation has a grandfather clause in it then the City would be grandfathered in with regard to terms of how the fines are split between the City and the state. Mr. Eliopoulos asked for an example of where the City has done this before. The City Attorney stated the City has not done this with a private entity and most of the time the City does contracts with this language there is an abundance of bidders out there. Mr. Eliopoulos expressed concern over the indemnification clause. Mr. Fetzer expressed concern over the indemnification clause as well. Mr. Frankel asked with the other municipalities that have come to agreement with this vendor, if it is all the same contract or are there different indemnification clauses for each municipality. The City Attorney stated it has been a work in progress and as you enter into these agreements and over the time period likewise some of their requirements have changed because of some of the headlines and lawsuits that have filed. Therefore, the City Attorney stated staff has been trying to get other language in our agreement where those lawsuits would not be an issue for us. Mr. Frankel stated he does not see any court cases being decided anytime soon and would rather be cautious and understands the City Manager and the Police wanting to approve it tonight. He feels that we need to do more due diligence and fiind out a little more about this issue. Mayor McDuffie stated he concurs with the Commission about being cautious. Mrs. Gray asked what an issue would be with regard to the indemnification. The City Attorney stated say that they comply with all of the manufacturer's requirements, and comply with everything and their building permit process but for some reason the pole falls down and nobody knows why. The City Attorney stated the City would then be looking at the vendor; however, under the terms and the indemnification under this agreement they could stand by their defense that they built it in accordance with the manufacturer's specs and the City's building permit process and state that they do not know why it fell down but it did. The City Attorney stated we don't even get that far and would just say that it happened, you did it, it is your responsibility and you take care of it and this way the City would not have to go through trying to prove that the vendor did something wrong, etc. It was the consensus of the Commission to direct staff to work with the vendor and try to work out some more things regarding the indemnification clause. 8 I2/fl8109 9.D. SERVICE AUTHORIZATION NO. Ob-OSICURRIE SOWARDS AGUILA ARCHITECTS: Consider approval of Service Authorization No. 06-08 in the amount of $20,500.00 to Currie Sowards Aguila Architects for professional design services regarding replacement of the concession stand and press box building at Little Fenway. Funding is available from 334-4173-572-63.90 {General Construction Fundllmprovements Other/Other Improvements). Richard Hasko, Director of Environmental Services, stated this item is a proposal from Currie Sowards Aguila Architects for the design and consulting services for replacement of the concession building at Little Fenway. Mr. Hasko stated this is a complete scope of services from programming the facility, to design, to permitting and to construction administration through a CO (Certificate of Occupancy). The Commission gave staff direction last week to go back to the consultant and see if staff could renegotiate a lower fee which they have done. Mr. Hasko stated when staff came before the Commission the first time and the total fee was $26,750.00 and the total fee, now including a $500.00 reimbursable cost, is $20,500.00. Mrs. Gray asked with the price decrease have we lost anything or is it still the same project. 1VIr. Hasko stated it is still the same scope. Mr. Eliopoulos asked what the upset fee was. Mr. Hasko stated there is a $500.00 reimbursable cap and noted it was $750.00 last time. Mr. Eliopoulos stated he appreciates what the consultant did. Mr. Eliopoulos moved to approve Service Authorization No. 06-08 to Currie Sowards Aguila Architects in the amount of $20,500.00 for professional design services for a new Little Fenway Concession building at Miller Park, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mr. Fetzer -Yes; Mr. Frankel - Yes; Mrs. Gray -Yes; Mayor McDuffie -Yes; Mr. Eliopoulos -Yes. Said motion passed with a 5 to 0 vote. 9.E. APPOINTMENTS TO THE POLICE ADVISORY BOARD: Appoint four (4) regular members to the Police Advisory Board for two (2} year terms 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), Commissioner Gray {Seat #4), Mayor McDuffie (Seat #5) and Commissioner Eliopoulos (Seat #1) for four {4) regular members to serve two (2) year terms ending July 31, 2011, and Commissioner Fetzer (Seat #2) for one (1) regular member to serve an unexpired term ending July 31, 2010. Mr. Frankel stated he would like to defer his appointment to the next regular meeting of January 5, 2010. Mrs. Gray moved to reappoint Joseph Ingram as a regular member to the Police Advisory Board (PAB} to serve a two (2} year term ending July 31, 2011, seconded by Mr. Eliopoulos. 9 12/08/09 Upon roll call the Commission voted as follows: Mr. Frankel -Yes; Mrs. Gray -Yes; Mayor McDuffie -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer --- Yes. Mayor McDuffie stated he wished to appoint Matthew Hartley as a regular member to the Police Advisory Board {PAB) to serve a two (2) year term ending July 31, 2011. Mr. Frankel so moved, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mrs. Gray -Yes; Mayor McDuffie -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. Frankel -Yes. Said motion passed with a 5 to 0 vote. Mr. Eliopoulos moved to reappoint Walter Earley as a regular member to the Police Advisory Board {PAB) to serve a two {2) year term ending July 3I, 2011, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mayor McDuffie -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. Frankel w.. Yes; Mrs. Gray -Yes. Said motion passed with a 5 to 0 vote. Mr. Fetzer stated he would like to defer his appointment to the next regular meeting of January 5, 2010. 9.F. APPOINTMENT TO THE NEIGHBORHOOD ADVISORY COUNCIL: Appoint one {1) regular member from Zone 2 to the Neighborhood Advisory Council to serve an unexpired term ending July 31, 2010. Based upon the rotation system, the appointment will be made by Commissioner Gray (Seat #4). Mrs. Gray moved to appoint Laura Reines as a regular member from Zane 2 to the Neighborhood Advisory Council (NAC) to serve an unexpired term ending July 31, 2010, 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 McDuff e -Yes. Said motion passed with a 5 to 0 vote. At this point, the time being 6:55 p.m., the Commission moved to Item 12, First Readings. 12. FIRST READINGS: 12.A. ORDINANCE NO. G1-09: Consider acity-initiated amendment to Chapter 53, Sanitary Sewers, 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). If passed, a public hearing will be held on January 5, 2009. 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 10 12/08/09 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 AFFIRMATIVE DEFENSES; ENACTING SECTION 53.06$, "NOTICE OF VIOLATIONIREPEAT 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 ADMINISTRATIVE 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 SUBSECTION (D}, "CEASE AND DESIST ORDERS"; AMENDING SECTION 53.155, "AFFIRMATIVE DEFENSES TO DISCHARGE VIOLATION", BY ENACTING SUBSECTION (C}, "PROHIBITED DISCHARGE STANDARDS", IlV ORDER TO COMPLY WITH CHANGES 1N 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. Richard Hasko, Director of Environmental Services, stated the Florida Department of Environmental Protection (FDEP} for the South Central Regional Wastewater Treatment Plant (SCRWTP) does program audits of the industrial pre- treatment program which involves the plant but the ordinances and programs from both cities. Mr. Hasko stated this year the City ends up with an adjustment to the limits on this laundry list of contaminants that are regulated into the sewer flow. He stated there is a lot of housekeeping going on in terms of bringing our ordinance as well as Boynton's ordinance into compliance with some of the latest terms of the model ordinance for the State. Mr. Hasko stated many of the limits have actually increased with this audit primarily because of our switch from the ocean outfall to the deep well discharge. He stated the requirements for the discharge and the deep well are somewhat Iess stringent as it relates to these contaminants. 11 1210$109 Mayor McDuffie asked if this would be the reason why some seem to be removed altogether. Mr. Hasko stated that this is because of the change in the disposal to deep well. Mr. Frankel moved to approve Ordinance No. 61-09 on F1RST Reading, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mr. Fetzer - Yes; Mr. Frankel -Yes; Mrs. Gray -Yes; Mayor McDuffie -Yes; Mr. Eliopoulos -Yes. Said motion passed with a 5 to 0 vote. At this point, the time being 6:59 p.m., the Commission moved to Item 11, City Manager's response to public comments and inquiries from the City Manager and the public. 11.A. City Manager's response to prior_public comments and inquiries. inquiries. 11.B. The City Manager had no response to prior public comments and From the Public. 11.B.1. Ger Franciosa 939 Eve Street Delra Beach FL 33483 s eakin on behalf of himself and no organizations), expressed concern over the holiday symbols at OId School Square. Mr. Franciosa stated he has spoken to quite a number of people in the past couple of months about religious symbols that are missing at Old School Square. He stated he intended to get an organization behind it and work on it for next year. However, Mr. Franciosa stated he read a letter today on the Sun-Sentinel blag written by the City Manager and he was appalled by his comments. Mr. Franciosa stated this is an extraordinary city and that is the way it should be and suggested that all the cultures be included. Mr. Franciosa stated the menorah is a religious symbol of the Jewish faith and noted that there are a lot of Jewish people in Delray Beach. He commented about the holiday tree and Hated that it is a symbol to people of Christmas and since Christmas and Hanukkah fall at the same time that the City should have symbols for both religions and does not see why a menorah should be excluded from Old School Square. Mr. Franciosa stated if the issue is a lack of money he is sure people would be willing to donate a Menorah. He stated the Downtown Development Authority (DDA) informed him that they have plaques that describe other religions (i.e. Kwanzaa, Hanukkah, eta}. Mr. Franciosa stated in his opinion the City lacks sensitivity with not approaching other cultures. He urged the City to place a menorah at OId School Square and be sensitive to other cultures that live in the city. 11.B.2. Victor Kirson, 2050 Alta_Meadows Lane #2110, Delrav Beach, FL 33444 (President of Tierra Verde), stated he is Jewish and feels that by the City not showing a symbol of Judaism and only a symbol of Christianity his rights are being violated. ll.B.3. Alice Finst, 707 Place Tavant, Delrav Beach, FL 33445, stated Kwanzaa is also celebrated during this time. 12 12/08/09 11.B.4. Ronald Platt (resident of Li~hthouse_Point in Broward County), stated he initiated this conversation regarding the menorah in an email he sent to Commissioner Frankel. Mr. Platt stated in the small city of Lighthouse Point they have a small tree lighting ceremony the day before Delray Beach does and the City of Lighthouse Point has a very tall Christmas Tree, an 8- T 0 foot menorah, and has a nativity scene. He stated the City of Coral Springs has the same as well as the City of Sunrise and the City of Plantation. Mr. Platt stated the City of Delray Beach should also have the same by displaying a tree, the menorah, and a nativity scene. He stated people should not be concerned with what is politically correct or what can keep us out of litigation but that we should be concerned with doing the right thing. Mr. Platt stated we want to be an inclusive community not an exclusive community and enhance the ceremony at Old School Square_ He stated it does not need to be done for this year but perhaps a study group could be formed to see haw it could be implemented for next year. 11.B.5. Elizabeth Wonlford 801 Bond Wa Delra Beach FL 33453 expressed concern over three rental units that are servicing drug rehabilitation people in a two black radius of their house and stated they are concerned that two more two-story buildings could be added to that on the corner of Bond Way which they just started renovating and Palm Trail and 1000 N.E. 9th Avenue which they just finished renovating. Ms. Wonlford stated there are also two facilities that either counsel or provide services for people in drug rehabilitation within two blocks of their house. She stated one is the Palm Partners building located at 816 Palm Trail which is a block away from St. Vincent's School and another building called New Beginnings at 705-B Bond Way. Ms. Wonlford stated she understands that drug addiction is considered a disability and believes they have a right to get help. However, Ms. Wonlford stated it seems that these people are not monitored or they wonder around the streets all day and at least three times a week the police are called to one of these current rehab rentals. She stated last week the Fire-Rescue Department was called due to an incident at 1247 N.E. 8th Avenue where someone was building a fire pit that got out of control. Ms. Wonlford stated two prostitutes are constantly being dropped off at the corner of Bond Way and N.E. 8th Avenue who also frequent one of the apartments at 1211 N.E. 8th Avenue. She stated the police were called last week because people were fighting in the street and the property owner escorted the police into the apartment and crack paraphernalia was found. Ms. Wonlford stated she and her neighbor witnessed drug dealing an the corner of Bond Way and 9th. Ms. Wonlford stated this facility is being run by a registered sex offender. She stated her garage was broken into and her son's bicycle was stolen and her neighbor had her banking information stolen out of her mailbox two weeks ago and they are robbed at least twice a year. Ms. Wonlford stated she feels that they are losing their nice quiet and safe community. She urged the Commission to help with this problem because she feels it is out of control. 11.B.6. Vicky Rase, 290 N.E. 2na Avenue, Delray Beach, FL 33444 (Pineapple Grove stated she feels that her neighborhood is being high jacked by crime and she is the only house on N.E. 2"d Avenue. Ms. Rose stated she has called the police 2-3 times a week because unsavory characters are roaming the streets after nightfall. She stated the business next door to her has had two robberies in the past month and a lot of rehabbers 13 12/08/09 are walking around and it is very unsafe. Ms. Rose stated she would like to lodge a formal complaint and noted at the art fair that happened the weekend after Thanksgiving there were tents on N.E. 2~'a Avenue because it is a commercial street. She stated she posted a sign stating "Please Do Not Block the Driveway" and the organizer (Darren Allen) of the event put a tent in the middle of her driveway. Ms. Rose stated before the art fair started they could not get their vehicles out of the driveway. She stated if any other events are happening in Pineapple Grove that the Commission dixects them not to put a tent in the middle of her driveway. Also, Ms. Rose stated she heard about the menorah issue on the radio today and wanted to point out that Delray Beach has been voted an All-America City in 1993 and 2001. She stated she would like to see some correct measures taken in regards to the menorah. 11.B.7. .lanice Youn 91S Bond Wa Delra Beach FL 33453 has lived in her home for 47 nears across from the 12-unit apartment building that is being rehabilitated, stated in her yard she has found beer battles, wine glasses, and trash. 1n addition, Ms. Young stated someone runs through her yard anywhere from 12:00-2:30 a.rn. and there are people walking up and down Palm Trail and Bond Way in the middle of the night talking. She stated she is not certain that they are coming from the rehab houses but this has started recently and more frequently. Ms. Young stated her yard has been run through with cars and motorcycles and she has called the police twice in the last 1 t/z weeks. She stated it appears that it has gotten very much out of control in that neighborhood. Ms. Young stated there is a house that is on the corner of Bond Way and 9th Street that she understands has 14 people living in it. She stated the yard is in disarray, the house is in disarray, the cars are a mess, and the people that frequent this house are disgusting. She stated this has always been a very nice middle class to upper middle class neighborhood and it is falling down and urged the Commission to look into this for the sake of their neighborhood before it deteriorates into a low class neighborhood. 11.B.8. Clifford Guest, 906 Bond Way, Delray Beach, FL 33483, stated he has the people from the rehabilitation centers that are changing their neighborhood. Mr. Guest stated he pays outrageous taxes so it comes down to not only the neighborhood changing but moved in and are willing to pay those taxes for what the neighborhood represented then and it is becoming something else now. He stated his neighborhood is not what it used to be and he is considering moving. 11.B.9. Robert Spicer, owner of one of the rehab houses that is being discussed, stated there are claims that he is operating a drug rehab house and this is totally untrue. He stated he bought this property a little over four years ago and spent a lot of money remodeling it. Mr. Spicer stated he has evicted over a dozen people and noted he consulted with the City and was informed that unless it is lack of payment of rent he has to catch these people in the act of something illegal and take them to court which is a long process. He stated recently he went into an apartment and found drug paraphernalia with a police officer and told the person to get out immediately then he 14 12/08/09 would have to file criminal charges against him. Mr. Spicer stated this person stated he was leaving the next day. He stated he has had good tenants for six months and then all of sudden he is suspicious but according to what he has been told he cannot kick these people out unless you can prove it. At this point, the time being 7:22 p.m., the Commission briefly discussed the menorah issue. The City Manager stated if you look at the email by itself it is out of context and it was written in the context of an attachment of the City Attorney's opinion that was written in 2006 when a synagogue wanted to place a menorah on the grounds of Old School Square. He stated the synagogue was allowed to place the menorah there for two years. The City Manager stated the City had a meeting between the City Attorney's office, the Chairman of Old School Square, and the Mayor at the time and hashed it out in great detail and subsequently the City Attorney's office wrote that memo. The City Manager stated the first paragraph refers to the Supreme Court decision where the Supreme Court determined that a Christmas tree is not a religious symbol in the eyes of the Supreme Court. The City Manager stated the second paragraph talks about a case where a State government allowed a Christmas tree and a menorah to be placed on State property. Subsequently, the City Manager stated they got a request from the Ku Klux Klan to put an exhibit there and they turned them down. The Supreme Court stated because they had the Christmas tree and the menorah there they had to allow the Klan to put their exhibit there. He stated that is the quandary the Commission faces and if it is a public forum and we can allow that then you have to open it up to all kinds of different viewpoints. The City Manager stated you may have some viewpoints that they would rather not have on the Old School Square grounds. The City Manager stated in Washington State there was a city that had an exhibit like this and they had an atheist group in town that put up an exhibit debunking Christianity and all religion and they had to allow it because it was a public forum. The City Manager stated staff has been following the direction that has been set by the Commission in 2006 and if the Commission wishes to handle it differently now then staff will follow Commission's direction on these issues. He stated staff provided the Commission with a write up that came through the Palm Beach Post website that discusses some of the controversy that has been dealt with in Port St. Lucie, Wellington, Palm Beach, and Baca Raton over holiday exhibits. The City Manager stated if the City of Delray Beach goes this route we may end up with that kind of controversy. The City Manager stated personally he would be very happy to see the Christmas tree, the menorah, the manger scene, and whatever would be appropriate for Kwanzaa but we just need to be aware of what may be the end result. Mr. Frankel recognized Marjorie Ferrer and her staff for the Thursday evening tree lighting ceremony and stated it was a huge success. He stated this came to his attention when Ronald Platt who is a sponsor of the Christmas tree spoke to him after the ceremony asking about the menorah. Mr. h'rankel stated Mr. Platt emailed him and he forwarded it to the City Manager and copied the rest of the Commission. Mr. Frankel stated in his view a menorah is not a religious symbol and the Supreme Court agrees. He 15 12/08/09 stated he is originally from Toledo, Ohio which has a much smaller Jewish population but .they have a menorah. Mr. Frankel stated on every television station you see a menorah and if he goes to many of the restaurants in South Florida there is a menorah and it shows him as a Jewish resident a level of respect. He stated Delray Beach goes to great lengths to recognize its cultural differences and inquired when a Rabbi will be coming in to give the invocation. Mr. Frankel stated since January 2009 there was a prayer breakfast where a Rabbi gave a prayer but he has not seen a Rabbi give an invocation. Mr. Frankel stated tonight the Reverend addressed a prayer to Jesus Christ and he respects everyone we bring in for the invocations. Mr. Frankel stated the elimination of the menorah at Old School Square is inconsistent of oar city view of embracing our differences and is inconsistent with the general Christmas spirit and holiday spirit. He stated he knows someone who is willing to purchase a menorah to place at Old School Square and Mr. Gillie has no problem with it. Mx. Frankel stated he also feels we need to do something to recognize Kwanzaa and he does not know what displays are appropriate. Mr. Fetzer concurs with comments expressed by Mr. Platt about not just doing the politically correct thing but to do the right thing for the city. He stated the City of Delray Beach has had menorahs by the Christmas tree that were donated by a local synagogue. Mr. Fetzer stated he does not feel that we should prevent a menorah from being placed there again and if Mr. Frankel can find someone to do that he feels that is great. Mr. Fetzer stated the Supreme Court has ruled that the Christmas tree is not a religious symbol and it should not be depicted that way. He stated he believes in doing the right thing for the city and supports placing a menorah at Old School Square. Mr. Eliopoulos stated he did not read the blog and did not see what has transpired in the news. He stated although he is not the most religious person he has na problem with anyone else's religion. Mr. Eliopoulos stated he supports the Commission with placing a menorah at Old School Square. Mrs. Gray invited the Commission to the R.A.C.E. Relations Meeting at Old School Square at 6:45 p.m. and she believes we can work together with all religious groups and supports the menorah, Kwanzaa and the nativity scene. Mayor McDuffie stated the Commission is not allowed to speak to each other unless they are in a public meeting that has been announced to the press. He stated when the Commission communicates via email they put an explicit tag on the end of the email that says "Do Not Respond" because the Commission cannot have two-way communications. Mayor McDuffie stated an email went out from him shortly after the Christmas tree was lit and he walked the grounds of Old School Square and found that there were no other religious symbols there. He stated he worked with the people on the dais somewhere between a few months and three years and has found everyone to be of the highest character and no one on the dais wishes to insult anyone on behalf of their race, creed, or color. Mayor McDuffie stated we have a 200G ruling from the City Attorney and that is what ruled the celebration and what was displayed at the celebration this year. Mayor McDuffe stated the Commission has come to terms tonight with the 16 12/08/09 fact that we might want to revise and revisit that 2006 City Attorney's position on what the City does for our celebration of the holidays in Delray Beach. He stated Delray Beach has always striven to include everyone in everything that we do and noted that the Cormission possibly should have held a meeting about this and discussed the holiday display. Mayor McDuffie stated the Commission will revisit this issue and do what is right for the community of Delray Beach. He stated he expresses his sincere apologies for anyone that may have been insulted or felt that they were left out but emphasized it was not intentional on anyone's behalf. At this point, the time being 7:37 p.m., the Commission moved to the duly advertised Public Hearings portion of the Agenda. 10. PUBLIC HEARINGS: 10.A. ORDINANCE NO. 60-09: Consider achy-initiated amendment to the Land Development Regulations that will create the Chatelaine Local Goverxzment Neighborhood Improvement District. The caption of Ordinance No. 60-09 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE CREATION OF THE CHATELAINE LOCAL GOVERNMENT NEIGHBORHOOD IMPROVEMENT DISTRICT, IN ACCORDANCE WITH SECTION 163.506, FLORIDA STATUTES; ESTABLISHING THE BOY_1NDARIES OF THE DISTRICT; DESIGNATING THE DELRAY BEACH CITY COMMISSION AS THE BOARD OF DIRECTORS OF THE DISTRICT; PROVIDIlVG AUTHORIZATION FOR THE DISTRICT TO LEVY AN AD VALOREM TAX ON REAL AND PERSONAL PROPERTY OF UP TO ONE MILL ANNUALLY; PROVIDING AUTHORIZATION FOR DISTRICT USE OF SPECIAL ASSESSMENTS PURSUANT TO SECTION 163.514, FLORIDA STATUTES; PROVIDING FOR THE DISSOLUTION OF THE DISTRICT BY THE CITY COMMISSION BY RESCINDING THE ORDINANCE; PROVIDING FOR THE CODIFICATION OF SECTION 2 OF THIS ORDINANCE AS A NEW ARTICLE 8.7, "CHATELAINE LOCAL GOVERNMENT NEIGHBORHOOD IMPROVEMENT DISTRICT"; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. 17 12/08/09 office.) (The official copy of Ordinance Na. 60-09 is on file in the City Clerk's The City Attorney read the caption of the ordinance. The City Attorney stated this public hearing is actually a continuation of the public hearing that was held on December 1, 2009. Paul Dorling, Director of Planning and Zoning, stated this is an ordinance authorizing the creation of a local government neighborhood improvement district as identified under Florida Statute 163.506. The creation of a neighborhood improvement district is proposed to address a unique situation currently experienced by the Chatelaine subdivision as it relates to improvements that were done that are now their maintenance obligation and the ability to fund those. Mr. Dorling stated they have had difficulty raising money and this is an alternative mechanism. He stated the Commission passed this ordinance on first reading on November 17, 2009 and at the December 1, 2009 meeting the City Commission tabled this item and asked the neighborhood to seek some input from the neighbors. This ordinance is now being heard on second reading. Mr. Dorling stated there is a letter from the Chatelaine homeowners association breaking down the maintenance cost for landscaping, electricity, and water which would relate to less than 0.5 mills. He stated there is also information relating to numbers only funding the irrigation and electric costs. Staff recommends approval. The City Manager the estimated annual budget for electricity and water is $2,820.00 and if you were to finance that through a millage it would be a little over a tenth of a mill. Mayor McDuffie declared the public hearing open. Jayne Kind, 340U Place Valencay, Delray Beach, FL 33445 (President of the Chatelaine Homeowners Association}~ made reference to a sign on the wall that talked about the City's goals and one of the goals was to have quality neighborhoods where people want to live. Ms. King stated she agrees with and wanted to respond to Commissioner Fetzer's comments that this is a community problem. She stated with regard to Commissioner Eliopoulos' comments last week about this being more work, it is actually going to be less work for the city because everyone has a buy into it, less Code Enforcement, no worry about the place deteriorating, and then there is a vehicle in place for dealing with other neighborhoods. Ms. King thanked Mr. Zacks and stated he was an important catalyst. She stated she does not always agree with how the tax dollars are spent but feels it is something that is earmarked specifically for a purpose of up keeping the neighborhood. Ms. King urged the Commission to vote in favor of this ordinance. Gilbert Fritts, Jr., 3536 Avenue Montresor, Delray Beach, FL 33445 (Chatelaine, asked why this is not addressed as a non-ad valorem payment rather than an ad valorem. Mr. Fritts thanked Lula Butler, staff, and all the other people who were involved for what they have done for Chatelaine. However, the one mill seems a little lopsided because for him it would be $52.x0 a year and his neighbor across the street 18 12/08/09 would pay $116.00 a year. Mr. Fritts stated he agrees that residents should pay for the upkeep because the association cannot but it would be fairer if we took $50.00, $55.00, or $60.00 and had it as a non-ad valorem payment each year. The City Attorney stated there are certain steps that would have to be taken such as it might involve a referendum and other issues dealing with the Chatelaine community that might be more cost prohibitive in trying to get the payment made that way not to say that the City may not be able to do that but it would be a more onerous process in trying to set up a non-ad valorem assessment considering the fact that the material has already been installed and we are just looking at a maintenance feature right now. Mr. Fritts stated he feels it should be looked at more in that direction because it would be more equitable to everyone. Mayor McDuffie stated this is nat necessarily going to be one mill but would basically be the taxable value of the entire community divided inta the amount of tax that we need to raise to fund the maintenance. He stated electricity and water for the community would drop this down to essentially a tenth of a mill instead of one mill. Mayor McDuffie stated the one mill that was thrown out was the cap and it could not go higher than one mill. He stated there is a possibility to do it as a non-ad valorem district but it will not be done in this coming year because the deadline will pass. Paul Zacks, 748 Place Chateau, Delray Beach, FL 33445 (has lived iu Chatelaiue for 29 years), stated the Planning and Zoning Board took up this matter several times both when it was in the concept stage and when it was in the specific Chatelaine stage. Mr. Zacks stated the Planning and Zoning Board strongly felt that the Chatelaine Board of Directors should not be involved in homeowners' league issues. He stated at last week's meeting there was great dissatisfaction in our community with this homeowners association. Mr. Zacks stated he discussed with Ms. King at length steps he felt the homeowners' league should be taking to repair the image of itself and the community and the particular problem that is being discussed. Mr. Zacks stated for years the neighborhood did positive things for the neighborhood and in return got a lot of membership and now no one wants to have anything to do with the homeowners' association and that is why the membership is down. Mr. Zacks urged the Commission to give the Board an opportunity to rectify years of damage that it has done to the neighborhood by presenting a positive image and suggested getting the people who own lawn maintenance companies to volunteer their time if they feel that the neighborhood is treating thetas fairly. He urged the Commission to let the neighborhood fix its own problems. Clifford Darden, 702 Chatelaine Boulevard East, Delray Beach, FL 33445 (has lived in Chatelaine since_ 1972), stated he has seen the neighborhood deteriorate. Mr. Darden stated he would like to hear from those people who made statements about specific information about what has been negative about the homeowners' association. He stated the homeowners association has tried to maintain the standards of Chatelaine and people have gotten a negative idea about it because they do not want to get involved to help the neighborhood maintain what it is. Mr. Darden 19 1~ios~Og stated when the neighborhood first began most of the people who lived in Chatelaine worked at IBM at that time and the neighborhood has changed a great deal since then. He stated when the homeowners' association would ask people to come out and work with the upkeep of the land no one would come out. He stated most of the time only four people come out and sometimes it is just himself. Mr. Durden stated he bought a lawnmower and a hedger to do the landscaping himself He stated when Chatelaine ran out of dues money he paid the light bill and the water bill out of his pocket to keep the neighborhood from going down. Also, Mr. Durden stated the lights were turned off and he had to pay the funds so that they could get lights turned back on. He stated this year he was going to put up Christmas lights but after last week he decided not to do that because he was going to take money out of his pocket. Mr. Durden stated if there are people who live in the neighborhood who do not want to assist in keeping the neighborhood up he does not think we should do that as well. He stated if this does not pass the Commission will be hearing from Chatelaine residents within the next couple of years with the same complaints and the reason that Chatelaine is in the condition that it is now is because of mainly the few people who get involved and tried to keep the neighborhood to this point. Lula Butler, Director of Community Improvement, stated there were approximately 15-20 meetings regarding the issues in Chatelaine. Mr. Durden stated people in Chatelaine had the opportunity to get involved but very few did. Alice Finst, 707 Place Tavant, Delrav Beach, FL 33445 (Chatelaine), stated she is the Editor of the newsletter and it is put out about five times a year. She stated the association puts up a sign before every association meeting and noted it is open to the public. Mrs. Finst stated the newsletters go out and are delivered and urged the Commission to vote for this ordinance. Gerry Franciosa, 939 Eve Street, Delrav Beach, FL 33483, supports the ordinance and stated he lives in Tropic Isle and they have a voluntary civic organization and out of about 450 homes about 250 people belong to the association. Mr. Franciosa stated they charge $40.00 a year in dues and it is very difficult to maintain the neighborhood with that type of dues. He stated Tropic Isles put in plantings about 2-3 years ago which the City decided to maintain for them but he is starting to see a little bit of deterioration. Mr. Franciosa stated Chatelaine looks nice and since the City put money into it then it should be kept up. He stated he does not feel that $60.00 is a lot of money to keep the community looking nice but there has to be a way to collect the money. He stated this would set a precedent and give us an example in the future of what to do. Mr. Franciosa urged the Commission to support this ordinance. Yveline Menard, 719 Avenue Chaumont, Delrav Beach, FL 33445 (has lived in Chatelaine since 2005), stated no one ever told her that there is a fee to pay and last week her neighborhood came to her to inform her about a meeting regarding this issue. Ms. Menard stated she received a letter but it was a short notice with her schedule and she could not make it last Tuesday. She feels that before this is passed everyone in the community should be aware of what is going on. zo 12/08/09 Patricia Duncan, 3632 Avenue De Gien, Delray Beach, FL 33445 (has _ _ --- lived in Chatelaine for almost ten years), stated she sees the letters and the signs at the gate about the meetings but she is very busy. Ms. Duncan stated she likes the entranceway into the development but everyone she talks to has a problem with the homeowners' association meetings. the stated there are many different cultures of people who live in Chatelaine and they speak and talk different. Ms. Duncan stated in order to handle this type of difference the City has to recognize that it exists and feels we are not communicating with each other. Amos Dieu'uste 3631 Avenue Montressor Delra Beach FL 33445 {has lived in Chatelaine since 1993), stated there are many Haitians who live in this community who do not speak English but believes that they would be willing to pay $60.00 for the maintenance. Mr. Dieujuste stated a lot needs to be done and asked that the City bring the community together. There being no one else from the public who wished to address the Commission regarding Ordinance No. 50-09, the public hearing was closed. Mr. Fetzer asked how many volunteer homeowner associations we have in Delray Beach. In response, Mrs. Sutler stated there are approximately 84. He stated that Mr. Franciosa stated that by passing this it would set a precedent on being able to do this for other homeowner associations and this is one of the primary reasons he opposes this. Mr. Fetzer stated if the City takes this approach in Chatelaine it opens it up for 84 homeowner associations that would face a similar problem. He stated he does not believe this is the City's responsibility but is a homeowner association responsibility and therefore he cannot support this. Mr. Eliopoulos stated the environment has changed and believes that when the previous Commission did this and worked with the residents and the volunteers' times were different. He stated there were a lot of good comments made this evening. Mr. Eliopoulos stated the issue is the way this ordinance is written. He does not want this Commission to be responsible to actually point a Board of the Chatelaine community where the Commission does not know all the people and all of sudden the City is going to be responsible for that. He clarified that type of work he does not want and does not think it is the City's responsibility. Mr. Eliopoulos stated if the community has a Board it should be that individual community that appoints that Board not the City Commission. He stated he does not want to set the precedent to start doing this for every community out there because he does not feel this is the Commission's responsibility. Mr. EIiopouIos stated the previous Commission did the right thing and the community stepped in but it was under the intentions that this community would take over that maintenance. Mrs. Gray stated last week she stated that maybe we needed to get a little more time to get the homeowners' association together and thinks it is an association issue and not really a City issue. However, she feels it is difficult to receive help volunteering with cutting grass, mowing, etc. and it is difficult to collect monies from 21 12/48/09 residents. Mrs. Gray states she supports staff's recommendation but hopes that the neighborhood will come together to help the community. Mr. Frankel thanked the residents of Chatelaine both this week and last week because he thinks it is important that the residents continue their involvement even though they have a diverse neighborhood they are one neighborhood and they have to stick together. He stated it is difficult because you want to balance Chatelaine in maintaining a beautifi-1 community versus the fact that they do not want the Commission telling them what to do. Mr. Frankel concurs with comments expressed by Commissioner Fetzer and Commissioner Eliopoulos and therefore he will not support this ordinance. Mayor McDuffie stated the timing on this is such that if this does not pass tonight there will be nothing done in the next calendar year because this would have to be done and this ordinance into the Property Appraiser's Office by January I S~. If the Commission votes this down tonight, there will be no opportunity whatsoever to do anything for the upcoming year far maintenance of the community except that Chatelaine does it on their own. He stated non-ad valorem can be a flat rate and can be a number of dollars per front foot of your lot or a number of dollars per square foot of your lot. Mayor McDuffie stated he does the tax roll for Palm Beach County so non-ad valorem districts can be done as well as ad valorem districts. He stated this ends up being a small miniscule percentage of the taxable value but can be done either way. Mayor McDuffie stated he has mixed emotions because he was part of working in the Chatelaine community for quite some time to bring about 1/2 million dollars worth of improvements to Chatelaine and he hates to see %z million worth of improvements to Chatelaine decline if they are not maintained. Mayor McDuffie stated last week a resident mentioned something about circulating a petition and he expressed concern that there are 201 homeowners' and there are only 20 present this evening. The City Manager stated staff made the commitment that we would maintain it through the end of the current fiscal year (September 30, 2009} because staff knew that there would be no money coming in until the next year anyway. He stated if the Commission wishes we can still do that and in the interim the association can get better organized and be in a position to pick up the costs themselves or come up with another solution. Mayor McDuffie stated the City has an investment of '/Z million dollars and has an investment in wanting to help Chatelaine be a more beautiful place to live. He stated there was no motivation to stick the residents of Chatelaine with some erroneous tax and the only amount of the tax if this comes to pass will provide the amount of money required to maintain the neighborhood. Mr. Eliopoulos moved to adopt Ordinance No. 60-09 on Second and F1NAL Reading, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mr. Frankel - No; Mrs. Gray -Yes; Mayor McDuffie - No; Mr. Eliopoulos - No; Mr. Fetzer - No. Said motion was DENTED with a 4 to 1 vote, Commission Gray 22 12/08/09 dissenting. At this point, 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 INQUIRIES ON NONWAGENDA ITEMS. 13.A. City Ma,ta~er The City Manager handed out plaques to the Commission that the City received for .the three Young I'eaple's Tennis Tournaments that the City hosts over the course of the year. Secondly, he stated Chatelaine is one of only a few common areas that need to be maintained. The City Manager stated most of the associations (i.e. Lake Ida association) do not have any such landscaped areas that need to be maintained. He stated there are a number of others but most of them do not have that. The City Manager stated the section of the Florida Statutes that this ordinance was brought up under actually provides four or five different ways to create these associations. The other ways other than this one require petitions from the neighborhood and they elect their own Board that has the power to levy taxes. The City Manager stated he and the City Attorney talked about on Swinton Avenue between 2nd and Lake Ida Road the City bills the abutting residences $7.50 a month on their water bill for the maintenance of the landscaping and irrigation. He stated this is a little different situation because the City Code has a requirement in it that you have to maintain out to the edge of the pavement where it abuts your property. The City Manager stated staff talked about whether you can do a similar approach in Chatelaine or other neighborhoods and there is no specific statutory authority for doing that. He stated the City has been doing it on Swinton Avenue since 1994 and no one has challenged it and it has worked well. The City Manager stated he discussed the approval of the Chatelaine plan with Mrs. Butler and she said at the meeting where the plan was actually approved there were 86 people in attendance. Lastly, the City Manager stated his email about the menorah was misinterpreted. He stated he has no objection of placing a menorah at Old School Square and just wants the Commission to be fully informed about the controversy that has taken place within other communities. Cbevelle Nubin, City Clerk, stated with regard to the Clergy list, the City Clerk's office has a list from the Delray Beach Clergy Association that we use and rotate those people. Ms. Nubin stated staff calls everyone including Rabbi's but it depends on their schedule as to whether or not they can make it to the meeting. She stated staff tries to plan it out at least 3-4 months in advance and she will check the list to see where we are. Ms. Nubin stated staff also sends a letter of confirmation and ask that everyone does a non-denominational generic prayer. 23 12/08/09 The City Manager announced that the City Clerk informed him this afternoon that Ken Ellingsworth's wife passed away and the service will be held Thursday, December 10, 2009 at 2:00 p.m. 13.B. City Attorney The City Attorney stated we have the 2006 opinion and the case law is essentially the same and it basically says that there are cases out there that say the Christmas tree is secular and not religious. He stated there are also cases that a menorah standing by itself was deemed to be religious; however, when you group it with a Christmas tree as well as other things such as a nativity scene when it is around the Christmas tree it is deemed to be secular and in those cases it would be allowed. The City Attorney stated if the Commission wishes to that it would have to be placed in the vicinity of the Christmas tree and if someone else comes forward with something other than a nativity scene or menorah the Commission would probably have to consider that as well. 13.C. City Connxnission 13.C.1. Mr. Fetzer Mr. Fetzer stated he sent some emails out regarding the holiday parade scheduled for Saturday, December 12, 2009 asking why it is starting at 4:00 p.m. He stated the City has traditionally held the parade later in the evening and enjoyed the lights on the floats which he does not think will be seen very well. Mr. Fetzer stated he received an explanation that it was for safety concerns. He stated after the parade is over if the rest of the Commission agrees he asked if could we get some feedback as to how this change worked and if there was any significant reasons that we needed to do that. Mr. Fetzer requested that we re-evaluate it after this year. Mayor McDuffie stated this is being based on one unfortunate incident from last year and he believes there are ways to avoid that. Mr. Fetzer stated the memorial service that was held on Saturday for Mrs. Pompey was amazing. He stated everyone is going to miss her and it was a wonderful tribute to her. Lastly, Mr. Fetzer wished everyone a happy holiday. 13.C.2. Mr. Eliopoulos Mr. Eliopoulos stated Mayor McDuffie spoke Friday night at the wake for Mrs. Pompey and also at the funeral on Saturday. Mr. Eliopoulos stated former Mayor Jeff Perlman spoke and did an excellent job as well. He stated it was a great tribute to an incredible woman and family to Delray Beach. 24 12~as~o9 Secondly, Mr. Eliopoulos commented about an email regarding the Pro Bowl {held in Hawaii for the last 30 years) coming to Delray Beach and feels we need to take advantage of this and be proactive. He stated XPE Sports are trying to bring in approximately 10-15 NFL players that are going to be in the Delray area for a week and there will be events held at Old School Square where the players will be interacting with children. He hopes everyone can pull together to make this happen. Lastly, he wished everyone a happy holiday. 13.C.3. Mrs. Gray Mrs. Gray thanked Delaire for the fundraiser for the Fire-Rescue Department and the Police Department and also the groundbreaking. Secondly, she asked if the City receives a budget or a financial report from the Community Redevelopment Agency {CRA} as well as a project update from them. The City Manager stated the City Commission approves their budget but there are no reports through the course of the year. He stated project updates are sporadic and the City used to have a joint meeting with the CRA at least once a year. The City Manager stated he can ask the CRA to provide this information to the City. Mrs. Gray stated she would like this information more often. 13.C.4. Mr. Frankel Mr. Frankel stated the opening of Johnnie Brawn's last night was fun. Secondly, he stated Perry DonFrancisco and the residents of Delaire did an amazing job at Delaire event and they were very nice to host us. Mr. Frankel stated Marjorie Ferrer, her staff, and the volunteers did a great job with the tree lighting. He commented about the menorah issue and stated it shows a negative effect of the Sunshine Law. Mr. Frankel stated he appreciates the sensitivity and support. 13.0.5. Mavor McDuffie Mayor McDuffie stated with regard to the menorah issue it was not intentional and it is either inclusion or exclusion and Delray Beach prides itself on inclusion. He stated it was a great night and noted he walked through Phase 1 of the Old School Square Park which has turned out well. Secondly, Mayor McDuffie stated Mrs. Pompey was the Pinnacle of Elegance and a lovely lady. He stated they celebrated her life with the service lasting for 2 hours and 45 minutes. Mayor McDuffie stated many people got up and spoke and former Mayor Perlman did an awesome job. 25 12/08/09 Mayor McDuffie stated he had a meeting with Mr. DeSantis and a number of his staff members, Congressman Klein and a couple of his staff members. Mayor McDuffie stated there was an offer from Congressman Klein to loan the City of Delray Beach a staffer to take a look at grants that the City might be able to get far infrastructure work that we may need to do to relocate things for Atlantic Plaza and far any other grants the City is working on Congressman Klein offered a staffer. Mayor McDuffie stated on Friday, December 11, 2009 at 11:00 a.m. a representative from Mr. DeSantis' office and a staffer from Congressman Klein's off ce are coming in to meet with Rich Reade, Public Information Officer, to see how to approach this. In addition, Mayor McDuffie stated he received a telephone call from the Delray Beach Housing Authority (DBHA) and they expressed concern about their $10 million and that HUD implied to them that they may not fund a $10 million grant they have already received. Mayor McDuffie stated he has talked to Congressman Hastings, Congressman Klein, and he is awaiting a call back from Senator Nelson's office and all of them have jumped right in to see if they can make certain that the DBHA's grant was also fulfilled and that the $10 million stays with us for the western communities. Lastly, Mayor McDuffie wished everyone a happy holiday and stated it is a pleasure serving with the entire Commission. There being no further business, Mayor McDuffie declared the meeting adjourned at 8:49 p.m. City Clerk ATTEST: MAYOR The undersigned is the City Clerk of the City of Delray Beach, Florida, and the information provided herein is the Minutes of the Regular City Commission Meeting held on December 8, 2009, which Minutes were formally approved and adopted by the City Commission on City Clerk 26 12/08/09 NOTE TO READER: If the Minutes you have received are not completed as indicated above, this means they are not the official Minutes of the City Commission. They will become the official Minutes only after review and approval which may involve some amendments, additions or deletions as set forth above. 27 12/08/09 WHEREAS, Martin Luther King, Jr. was born on January 15, 1929, in Atlanta, Georgiai and dedicated his life to aIl Americans being able to enjoy the freedom guaranteed every citize~t under the United States Constitution; and WHEREAS, January 18, 2010, will be observed as Markin L uthe~ King jr. Day in. honox of the m~rn~ry and ideals of Dr. King; and WHEREAS, Martin Luther King Jr. labored tirelessly to obtain equality of opporhniity for all 1~mericans; and WHEREAS, Dr. King was instrumental in the advancement of equality for all Annezacans; and WHEREAS, January 18~` shauld serve as a reminder to each of us of the sacrifices made by some Americans in order to secure the rights of all Americans. NOW, THEREFORE, ~, NELSON McDUFFIE, Mater of the City of Delray Beach Florida, on behalf of the City Co~~mission do hereby proclaim January 18, 2010 as MARTIN LUTHER KING, JR. DAY in the City of Delray Beach, and urge all citizens to reflect upon the efforks and sacrifices made by Dr. King on behalf of all Axnericar~s and j oin in the celebration of his contributions to the struggle for peace and freedom for our nation and throughout the world IN WITNESS WHEREOF, I have hexe~mto set my band and caused the Official Seal of the City of Delray Beacfy Florida, to be affixed this 5~ ciay of January, 2010. NEL50N McDUFFTE MAYOR WHEREAS, the Palm Beach Poetry Festival, in parine~ship with Old School Square Cult~al Arcs Center, has for the past four years, brought to the City of Delray Beach many of America's finest poets to give public readir~,s and to teach poetry workshops atter-ded by gifted writers of poetry from all over the world; and WHEREAS, the Palm Beach Poetry Festival and Old School Square will celebrate the fifth anniversary of their partnership; and WHEREAS, the Palm Beach Poetry Festival, through its many coxn~rnmity outreach programs, has brought poetry into the lives of the citizens of Delray Beach, including high school students entering its county wide poetry contest; senior citizens attending readings in Alzheimer Treatment facilities; and through school visits, readings at museums and natut~-preserves, and offering free workshops for local poets; and WHEREAS, the Palm Beach Poetry Festival has provided the City of Delray Beach with national expos~ue through its website and its national advertising in literary magazines and on literary websites, and has each year generated expenditures in its own budget and by its participating poets annual expenditures of $750,000, or close to $4,000,000 for the last five years; and WHEREAS, poetry transcends what divides us, and has always been an essential means of self-expression in tirr~ of joy and sorrow, personal and national crisis, and an art that moves us from the ear to the heart. NOW, THEREFORE, I, NELSON S. McDUFFIE, Mayor of the City of Delray Beach, Florida, an behalf of the City Cornmt.~~ion do hereby proclaim the week of January 123, 2010 as: Delray Seach Poetry ~iTeek in celebration of the 6~' Annual Palm Beach Poetry Festival and encourage all citizens to ensure that this week is recognized and celebrated IN WITNESS WHEREOF, I have hereunto set myhand and caused the Official Seal of the City of Delray Beach Florida, to be affixed this 5~' day of January, 2010. NELSON S. McDUFFIE MAYOR WHEREAS, good physical and mental health is essential to a person's ovexalltyell-being; and WHEREAS, untreated mental illness can seriously apex a person's thinking, mood, and behavior, which can potentially create barriers to learning, disrupt work, damage relationships and destroy lives; and WHEREAS, some citizens in Delray Beach may suffer with mental illnesses such as depression, schizophrenia or bipolar disorder which may lead to alcohol and drug abuse; and WHEREAS, these afflictions can affect all ages, races and ethnicities and have no socioeconomic boundaries; and WHEREAS, prevention and intervention reduce the impact of serious mental health illness and its impact on individuals, families and the community; and WHEREAS, early recognition and treatment increase the probability of recovery and the ability to lead a productive life; and WHEREAS, stigma surrounding mental illness can prevent people from seeking the mental health services they need, which may lead to substance abuse, crime, domestic violence, school dropout and suicide; and WHERAS, public awareness and education can change negative attitudes and behaviors toward people with mental illnesses. NOW, THEREFORE, I, NELSON McDUFFIE, Mayor of the City of Delray Beach, Florida, an behalf of the Ciiy Commission do hereby proclaim the month of January as: MENTAL HEALTH MONTH in the City of Delray Seach and I tali upon all citizens, government agencies, public and priva#e institutions, businesses, and schools to recommit our community to increasing awareness and understanding of mental illnesses, reducing stigma and discrimination, and promoting appropriate and accessible services for all people with. mental illnesses. 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 $~' day of January, 2010. NELSON McDUFFIE MAYOR MEMORANDUM TO: Mayor and City Commissioners FROM: Estelio Breto, Senior Planner Paul Dorling, AICP, Director of Planning and Zoning THROUGH: David T. Harden, City Manager DATE: December 15, 2009 SUBJECT: AGENDA ITEM 7.B. -REGULAR COMMISSION MEETING OF JANUARY 5, 2©10 SITE PLAN REVIEW AND APPEARANCE BOARD (SPRAB, ARDS PRESENTATION ITEM BEFORE COMMISSION Site Plan Review and Appearance Board {SPRAB) Award Recognition Program. BACKGROUND The Site Plan Review and Appearance Board (SPRAB) is conducting its 18th Annual Award Recognition Program. The awards are given to those property owners and their design teams who have significantly contributed to the beauty of the community through creative design or renovations to existing properties. Eligible projects are those that were approved by the Board, and received a Certificate of Occupancy during the fiscal year (October 1, 2008 -September 30, 2009). The SPRAB awards will be presented to the recipients mentioned below at the City Commission meeting. This year's design categories and recipients include: EXTERIOR RENOVATIONS Delray Harbor Ciub . Delray Harbor Club (Owner) • Currie Sowards Aguila Architects (Architect) COMMERCIAL REDEVELOPMENT Delray Beach Club . Delray Beach Club {Owner) . Eliopoulos Architecture Inc. (Architect) • Dave Bodker, Landscape Architecture/Planning Inc. {Landscape Architect} RESIDENTIAL DEVELOPMENT Sea Gate Residences . HH Properties I, Inc. (Owner) . Randall Stofft Architects (Architect) • A. Grant Thornbrough 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 . Canulucci Signs, LLC (Contractor} . Delray Beach Club (Owner) r MEMORANDUM TO: Mayor and City Conunissioners FROM: Tracie M. Lutchmansingh, P.E., Assit. City Engineer Richard C. Hasko, P.E., Environmental Services Director THROUGH: David T. Harden, City Manager DATE: December 29, 2009 SUBJECT: AGENDA ITEM 8.A. -REGULAR COMMISSION MEETING OF .JANUARY 5, 2010 FINAL SUBDIVISION PLAT APPROVAL/WORTHING PLACE BLOCK 77 REPEAT ITEM BEFORE COMMISSION Commission approval of the Worthing Place Block 77 Replat, a final boundary plat, for property located at 32 S.E. 2nd Avenue. This property is a replat of Tract A, "Worthing place Block 77" (Plat Book 108, Pages 131 & 132, P.B.C.R.), together with a portion of Lot 17 Block 77, "Town of Linton" (Plat Book 1, Page 3, P.B.C.R.), lying in Section 16, Township 46 South, Range 43 East, City of Delray Beach, Palm Beach County, Florida. BACKGROUND The original Block 77 plat was approved by City Commission on May 17, 2005 and recorded on October 20, 2006. After final Engineering plans were completed for the project, a structural issue related to the need to provide larger structural columns for the garage (southeast corner of the site) required a 2.10' encroachment on property to the south. As this property was outside the approved plat a Unity of Title was executed combining these properties. When final financing was secured for the project a requirement of the lenders was that a replat be processed unifying the properties. This replat combining the properties and eliminating non-essential utility and drainage easements is now before the City Commission for final approval. REVIEW BY OTHERS This plat was processed as a minor subdivision; therefore, it is forwarded directly to City Commission for final action. No other Board review or action was required. A reduced copy of the proposed plat is attached. RECOMMENDATION Staff recommends approval. °9 N o'~d` ~ i IS S~ ~, ~ ~ a ~~. ° ° ~ ~ •`4Cµ ~ ~ s `rW ~ gad°~ ~~=K°~~~ I°" ~ u~"'i ~ i g `°>.W°_~ ~= °~ ~ ~ =~~ xax ~= gds=° p,_«~ wo '~~~~ i ro ~ ~ ~ g~.r~aa> i~~ og ~3 a ?€~t°s °~as~~~ ebb-~°~ ~ `» ~~y ~.°€`~s`' ~g ;e ~6 ~ ~o~a us a~~~ Qoa~~cc ~~~ ~ o~ ~ „ ~ ° ~ `°~ssa-o ~ga"3at ~,`~~s?~~.~e=~s~hte u :~a~a~ 1 E r-~ ° ~ i F _ ~° moo.: ioe~~.d~g~°~g=53 b~~ H LL.~~Ws s ~°°~ ,.. ~ - ~ e" ~ I ~ ° ~9~-°d== ~ ~~ ' ~ "~=°~s ~ e. 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Ia ~~; 3 ~~~~~~ ~ ii ~: W~o~`~~ ~ ~ ~S I .I l I g r^••~ ~~ff10~WO ~11 ~ ~ . ~2p~~ $II ~ ~~~~ 11 I f I I ~~~U~ ~ i~ i w ,~ Zr~z ~I IS ~ ~ 11J ~~az~ w' ~ II ~~ I ~ Qppe ~~~~V ~~~ ~ ~~ i ~ ~~, ~ $ II I ~~ [ ~ Il ~ ~ "~C I ~ I I ) . 7 ~ I I ~ ~ ~ I II j i^ I I S II I I~TO11L E SI I SI I 2 ~y SI S L e `4 EI E_ ~ [t ~ I . ~ ~~' it 1 0 ~ ~ {I ~d~ Y N I IS gg~ ~~gg ~~ I I ~~ 1[ Il :• r I aw r..w snx.""au tS : E wI '~' N~•p6'p7'w 135.1]' ~ ao-m r~wr -,_,_~ I ps iS S ~ jW ~o I. .. a_a^ ~ 11F~ I =t Eg o y~ _ ________ ~s~ d °1 ~2 o ~~E~ ~ I asros~arw us.,.• c,. I ~ `e ~r---~- -------~--------- ~I gg i ~ S~ ~ ! R ~ ~'mu:~-+~r..cwyr F~ m. cgcoz~is~ ~~~ I L e~¢~i~uu~F~ i~ 3. . $~ ~~. I cvr u r~ I` n~,~-~ wr v wux en%~o.~r'rmr ~ ~ - 4- ~ I $ ~ V .F+ ~ 0 ~ .=ma ~~~ o ca ~ ~a~ O V 0 J ~$ ' .~~ jam, ~ 71, t a,,. ~, '- r {/~ _~ ~ a. ,^ • ~ r~ m ~ ~ ~~ .~ L ~.__ ,~ ~l r ~ .x~,~, ~b~x ~ }a ~~, N T` ,~~- ~ r Uo C7® C"7 ~_ ~ ~d N ~` o ~ .~ so rN ~ ~ J ~ ~. 4 ~ E * k11 ~. ~ ~~~ ~~ F~. .Flt ~~... ~ R ~~ -~ ~~~`~~i+l;~~~ ~;~ ~r ~ `. ~~ ~';~. ~ ~~; ~ ISM ~ n f* .~ r ~^ ^{r~ '°si~ ~ •!r ~ ~ ~[ha'+e~?'' j`~'1~" 'Ix` ~. ~ ~~ ~"ny`t" n ~F'' E ~i~ ~~ . ~ ~~ a. ~~r rx ~.'H ~, ,.4- ~ 1 .- ~ ~ jj ' a t k~ *~ {rn t MEMORANDUM TO: Mayor and City Cornrnissioners FROM: Carolanne Kucmerowski, Construction Management Technician Richard C. Hasko P.E., Environmental Services Director THROUGH: David T. Harden, City Manager DATE: December 9, 2009 SUBJECT: AGENDA ITEM B.B. -REGULAR COMMISSION MEETING_OT' JANUARY 5, 2010 CHANGE ORDER NO. B/WEST CONSTRUCTION, INCJMILLER PARK IMPROVEMENTS PROTECT ITEM BEFORE COMMISSION This item is before the Commission for consideration of Change Order No. 8 in the amount of $14,332.50 to West Construction, Inc., to install Celebration Bermuda 419 Sod as a substitute for Tiffway Ber~nnuda Sad, for the Miller Park Project I#2006-052. BACKGROUND Parks and Recreation has requested a substitution from the contract specified Tiffway Bermuda 419 Sod to Celebration Bermuda Sod for the Miller Park Project. The Celebration grass is a heartier brand of grass and is designed to take heavy foot traffic. Celebration was installed at the Seacrest Soccer Complex as an alternate from the originally specified Bermuda variety grass and this field has held up much better than any other facility; with as much usage. Change Order No. 8 includes the cost to install Celebration as a substitute for Tiffway 419. The attached Exhibit "A" details all costs associated with this change order. FUNDING SOURCE Funding is available from 334-41.73-572-63.90 (General Construction FundlMiller Park/Other Improvements) after budget transfer. RECOMMENDATION Staff recommends approval of 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. CITY OT DI:,LItAY I3EACII CHAiVGT ORDER TO ORIGINAL CONTRACT CHANGI;Nb. 8 PROJI?CT NO. 2006-052 DATE: PROJECT TITLE: Miller Park I~npzo~~ements TO CONTRACTOR: 'West Construction, bzc. ' YOU ARE HEREBY R1IQUESTED TO MAKE THE I'OLI,OWING CHANGES IN THIJ PLANE AMID SPECIFICATIONS FOR THIS PR©JECT AND TO PERFORM THE WORK ACCORDINGLY, S[IBJECT T© ALL CONTRACT STIPULATIONS AND COV)1NANTS. JUSTIFICATION: Additional cost associated with tha change to install Celehz~tlon Berznzzda Sod as a substitute far Tiffivay Bernnzda 4l9 Sort; per the attached Exhibit "A" SUMMARY OF CONTRACT AMpUNTICHANGFS ORIGINAL CONTRACT AMOUNT $S,43b,9 ! 7.00 COST OF CONSTRUCTION CIiANGES PREVIdUSLY OItDEItI3b $ ~~7.19098 ADJUSTED CONTRACT AMOUNT PRIOR TO THIS CHANGE ORDER $5,$84,I07.98 COST OF CONSTRUCTION CI-IANGES THIS ORDER $ 34,332.50 ADJUSTED CONTRACT AMOUNT INCi,[JDING THIS CHANGE ORDER $5,$9$,440.48 PERCENT INCREASE THIS CHANGE ORDER 0.26°10 TOTAL PERCENT INCREASE TO DATE $.48% CERTIFIED STAT>~MENT: I herel3y certify that the szzl~po~•tirig cost data included 'ss, in any cansidered opiuian, accurate and that the prices quoted are fair azzd reasonable. Wesk Coust~victlon, Inc. (Contractor to sign ~ seal) TO BE FILI,Eb OUT BY DEPARTMENT INITIATING C[•IANGE bRDER Funding is a~allable from account: 334-4173-572-53.90 {after budget transfer) DEPARTMEN'T' FUNDING CERTIFIED BY DELRAY BEACH, FLORIDA by its City Camznissian RIJCOMII~ND: By: Environmental Sezvices Mayaz• ATTI?ST: APPR©VED; By: City Attor~iey City Clerk S:tEngAdnxintiProjet€si20flb~22flOF~05210FF3CEA€?.CG 8 WeSf ~4i1?ex Pdxk GC4l45iU.dacs ., ~i ~ oonsrRUrrtn~~ PYI~~eGt InfOrntatian Prnjectf~ 08-9031 ~ _ Tltie MI1,CEi~ PARK 1Mt'ROV~MtN7S - DELI~AY Bi=AAChi Address 9945 SW dTl-I AVCNUE; City, 5tato, Zip 33444 Prima contract Company - Contac# Christopher Caprio Company WEST CC3NSTR11CT1ON, INC. Address 398 SC}l.1TH pIX1E I•iWY. 8UI7E 4 & 5 C]#y, S#ate, Zip 33460 f~hone 561-588-2027 Fax 551-582-9419 d° a 6 d ~ • d r r Chaltcio Proposal Request ._ CPR # 023 Issue I]ate Nov 23, 2ag9 Sub)ec# Colei}ration Bermuda sod fn iiel.t of Tlffway Bermuda -4i 9 SAti Owner Contact 8OS D1AZ. Campany CITY t3F Rt=CRAY 8~1CH Acidness 434 S. Srrlnlan Avenue City, State, Zlp 93444 phone 669-243-7300 Fax 56i-243-7314 Description of the i~ro}tosed change; owner requesteci change foc~ Colsbratlpn Bermuda sod in ilea of Tiffway 13ortriuc€a-419 sari as specified. Net Amount of ibis Proposed Chttnge: 1 832.5 This dacutnent, when fully executed as accepted, shall canstltule authoelratlon to proceed with the work described herein. Submit#ed i3y Response: ~ Accept ~ t3o Not Accept WEST CaNSTft#1CTION INC. _ ----F - CITY flr DI=CRAY t3FAC I Company _ - - - Company ~' ~ t}aEa By Bate Company Financial and Schedule Impact i7s#~rtiis ~ i • ~ • g ^ ~- 1 upcharc~e to supply and install celebration bennuc#a sod as repass#ed by 455000 sgft $0,03 $13,650.00 ovmer. 2 OH&P i I_S $682.50 $6x2.50 ~rt~ !-lnanclai impact = ~~la,s3z.~o CC: Change Order itlo ~~ ~~ ~~ r~ 92/7D/(i9 nayrr T of i ~'. MEMORANDUM TO: Mayor and City Commissioners FROM: R. Brian Shutt, City Attorney DATE: December 29, 2449 SUBJECT: AGENDA TTEM 8.C. -REGULAR COMMISSION MEETING OF JANUARY 5, 2010 CONSENT TO ASSIGNMENTIGLATTINGJACKSON KERCHER ANGLINIAECOM TECHNICAL SERVICES ITEM BEFORE COMMISSION Approval of the Consent to Assignment of the professional services agreement, dated April 7, 2007, from Glatting Jackson Kercher Anglin, Inc. to AECOM Technical Services, Inc. BACKGROUND Glatting Jackson and AECOM has requested that the City consent to the assignment of the professional services agreement (dated Apri17, 2447 and originally with Glatting Jackson) to AECOM as AECOM is in the process of purchasing Glatting Jackson. AECOM will still be bound by the terms and conditions of the original agreement. RECOMMENDATION Approve the consent to assignment. /~1:~~ A~GOM Adz B43 6552 tet 1b0 N. Qraog& ~lvenu8 d07 839 'E789 tax Sul{e 20© Orlando, FL 32801 December 22, 2443 Richard Kaska City of i~elray Beach 434 S. Swinton Avenue Delray Beach, FL 33444 Re: City of Delray Beach old School Square Expansion Phase I GJ Project No. 24988.© Dear Richard, -As we discussed, we are pleased to inform you that Glatti[tg Jackson Kercher Anglin, Inc. ~Gtatting Jacksalr} has entered into a purchase agreement under which AECQM "reci-nical Services, inc. has hired Giatting stafF and acquired certain assets of Glatting Jackson. We are excited about the opportunity to provide our clients with access to a giabai leader in the planning and design industry, white stiil maintaining our 3righ levet of perss~nal attention and quaiity service. ~As a result of the purchase agreement, the rights and obligations of Glatting Jackson under the abave- referenced Agreement {hereinafter, "Agreement,"] will be assigned to AECQM Technical Services, inc. The purpose of this letter is to request your cansen# to assign the Agreement from Glatting Jackson to AECOM Technical Services, inc., effective l7~ecember 22, 2449. if you consent to assigning the Agreement as described above, please sign below, return the original, and keep a copy far your hies. Far your convenience you. may also scan and email a copy of the signed agreement to Sharon Lamantia at slams tia[~g_lattine.com. We would appreciate receiving your response by January 15, 200, if passible. I# you have any questions or wouid like more information, please G~ntaet Shoran lamar~tia 0107.843.6552) or me at your convenience. Thank you far your consideration. Sincerely, Da id Barth Principal /~'~:r~rV/~l A~COM 447 8d3 6552 ia1 1'50 N. O-anga Ayanue 407 839 ~ 789 fax Su11e 200 Orlando, FE. 32$pi ww~.aecom.c>am Agreed, accepted and consented to as of this dap of , ____, 2Q City o€ defray Beach fey: (Name: Title: Page 2 of 2 CQNSENT TO ASSIGNMENT The undersigned, the City o#' Delray Beach, a Florida municipal corporation, being a party under that certain professional services agreement dated April 7, 207 and originally between the City of Delray Beach and Glatting Jackson Kereher Anglin, Inc., does hereby give consent to the assignment of the-agreerneut from Glatting Jackson Kercher Anglia, Inc. to AECUM Technical ~erviees, Iec. which shall assume and agrees to all terms and conditions of the original Agreement. IN WITNESS WHEREOF, the undersigned has signed this instrument on this ~ day of , 2t1(}_, ATTEST: CITY QF DELRAY BEACR, FLORIDA ley: City Clerk approved as to legal form and Sufficiency: By: City Attorney WITNESSES: (Print or Type Name) (Print or Type Name:) COI,TNTY QF By: Nelson S. Mc~I3uffie, Mayor Glatting Jackson Kercher Anglia, Inc. $y: The foregoing instruYnerit was acknowledged before me this day of 2q0_, by ,. as (name of officer or agent, title of officer or agent), of (name of corporation acknowledging), a (state or place of :incorporation) corporation, on behalf of the corporation. He;rShe is personally known to me ar has produced (type .of identification) as identification. Signature o£ Notary Public WITNESSES; .AECfJ1Vil Technical Services, ~.nc. By: (Prim or Type.Name) (Print or Type Name) COUNTY QF The foregoing instrument was acknowledged bsfare me this day of _ 200_, by ~ ~. (nazno of officer az agent,, title of officer or agent), of (name of corporation aclonowledging), a (state or place of incorporation) corporation, on behalf of the corporation. HelShe is personally mown to me or has produced (type of identification) as identification. Signature of Notary Public ~_ _ MEMORANDUM TO: Mayor and City Commissioners FROM: R. Brian Shutt, City Attorney DATE: December 29, 2449 SUBJECT: AGENDA ITEM 8.D. -REGULAR COMMISSION MEETING OF IANUARY 5, 2010 TAKEOVER AGREEMENT/COMMERCIAL INSURANCE ALLIANCE COMPANY ITEM BEFORE COMMISSION The attached Agreement between the City and Commercial Insurance Alliance Company (Surety) provides that the Surety shall take over the project (landscaping at the Atlantic Avenue and I-95 gateway} from the contractor, Garden World of Holiday, Inc. BACKGROUND This Agreement provides that the surety shall complete the project (the surety has already completed the project) on behalf of the contractor, who defaulted and was unable to finish this project. The City will pay the surety 44% of the remaining amount left under the original agreecxzent upon substantial completion, and upon the conclusion of a 6 month warranty period the remaining 14% shall be paid to the Surety. RECOMMENDATION Commission approval of the Agreement with the Surety. T~,~EQVER. ~GREENiENT This Takeover Agreement [hereinafter the "Takeover Agi eernent") is made by and between Connxr~ercial Insurance Alliance Company, 93Q9_~. Old Kitags Road South, Jacksonville, FL X2252, ("Surety" or "Completing Surety"), and the City ofDelray Beach {"Delray Beach"}. WITNESSET`H; WH1rREA5, Garden Worli~ of Hpliday, lnc. ["Garden World "), and Delray Beach entered into a contract ('Original Cnattrac~') for Garden World to furnish all labor, equipment, materials, and perform all wont for macving and landscape services far the Florida Beautification Grant [Gateway, along 1-95 1, Delray Beach, Florida, Project No, 2©03-pA2 {"project"), in accordance with the terms anil provisions xaf the Original Contract, including all contract dacumeitCs formfng a part of the Original Contract; and, WHEREAS, Garden ilVorld and floe Surety made, executed and delivered to City of Delray Bach a Contract Bond, identified as Band Na. SM2U08-(1t1001-1,5 [°Bnnd"~ in the penal ruin taf $245,998.75; and, . 11VHEREAS, Garden'U1€arltl defaulted! crn its contractual obIigadans under the Origlnal Contract, and the.Surety intends to fulfill its alrligatiaa~s as Surety under the terms and conditicans of the Bond; and WHEREAS,. the Surety is xnrflling and al}le to undertake the completion ofthe Original Contract in accordance with the terms of the Bond and this Takeover Agreement, and with a fuil~ reservation of all rights as provided herein, Provided float the unpaid balance of the Original Contract (subject to adJustrnent for varlatinns of the 'estimated quantities) is paid to the Surety when due. NOW, THEREFORE, in consideration of the mutual covenants, agreements, and undertakings hereinafter set forCh, and for other goad and valuable consideration, the receipt and sufficiency being hereby aclazawledged, Delray Beach and the Surety mutually agree as falla~nrs: ~. Each of the above recimtians is true and correct, and is incorporated into dais Takeover Agreement as fffully set forth herein. . 2. The Surety represents and warrants to Ael~ay Beach that it is authorized and empowered to enter into th[s Takeover Agreement. 3. The Bond and the Original Contract including all plans; specifications, and other contract documents are incorporated by reference herein, and are made a part cif dais Takeover Agreement. 4 The S~zz~ety agrees to have the viork completed on the 1'raject required by and in accordance with the terms and canditlons of the Uriginal Contract, including all plans and specihcatians referred to tl3ereiIl, and ail supplemental agreements, change orders and~Wark Orders issued pursuant thereto and S urety agrees to honor tl"te six (C) month warranty period. Delray Beach acknowledges that the Surety, by its execution of this Takeover Agreement, is acting in its capacity as the Surety far Garden World, and is making arrangements for the performance and cotnpietian c~fthe Qriginal Contract, anti is act aching as a completing contractor, and that the Surety is not assuming any cahligatians or liabilities beyond those contained in the Contract Bond. 5. Delray Beach acknnwleddges that the Surety w~71 subcontract the performance of each and euery one of the terms, covenants, and candltinris of the Original Contract, including all modi8catians thereto, to the Completion Contractor. The Completion Contractor shall be subJect to the terms and conditions ofthe Original Contract as if it had originally executed the Original Contract except to the extent otherwise provided in this Takeover Agreement<The Surety may satisfy the required insurance. obligations under the Original Contract liy grovlding evidence afthe required insurance coverage carried by the Completion Contracta~r, mm~ing Delray Beach and the Surety as additional insured under the policy nr policies. The Co~nplstion Contractor shall be an independent contractor ofthe Surety, and no contractual relationship pursuant to this Takeover Agreement shall exist betr~veen. Delray Beach and the Completion Contractor Deha~r 13each shall recognize the Completion Cofactor only in the capacity of a subcontractor nfthe Surety. 6. Delray Beach and the Surety agree that as of the date of this Takeover Agreement: (a) The authorized amount ofthe Original Contra,c~ including all approved Supplemental Agreements, is the sum of $~~5,998.75 ~) Garden World andJor ate assigns has been paid the sum of $125,654.07. (c) The "Contract 13alance" shall be hereinafter deQned as the sum of 5245,998.75 representing the Original Contract amount, including alI approved Supplemental Agreements less the sum already liaid to Garden World, which results in a total of $1311,344.68. (cl) The Suretyshall be paid 9p% of the-$x3Q344.68 resulting in a~tatal of $117,3101 when the work is substantially complete and the ,six month warranty period begins. The remaining 1tl°/v shall be paid to Surety promptly at the ez~d of the six;b) month warranty period if there has been full performance required during the six [~ month rrvarranty period. Howe~ier, no payment shall take glace until F3elray Beach receives a written release frnnx FT13Al~15 Corp. to allow the release afthe finds ar any order franc the i3.S. l3anlcruptcy Cnurt, Middle District of Florida, Tampa Dlvisian, regarding case no. 8.D9-bk2D49Z-CEA, is received and allows pslray Beach tD pay the Funds to the Surety', (e~ As afthe date afthe execution afthis Takeover Agreement, Delray Beach represents and warrants that, to the best of its knowledge and ability, based upon the records available to it, the Contract Balance as defined herein is accurate. The Surety reserves the right to verify and confirm the acctu-acy of the Contract Balance, The Surety's sale remedy against Delray.Beach far _. breach of this representation and warranty is reforEnatian of the Contract Balar~ee to the proper anr~aunt. '1. Delray Beach agrees that the Contract Balance is available to and will be applied to the Completion Work pursuant to this Agreement. Delray Beach shall pap directly to the Surety. approved invoice arnaunts that are rendered as a result of a wank order issued by Delray Beach. 7`lae Surety agrees to expend its oven funds as m€ry be necessary from time to tftne to pay for the performance of the Original Contract by the Completion Contractor and bill in accordance with the terms of the Original Contract in the event that the Contract Bala~ace is insufficient, wilrh any such payments being credited against the penal sum of the Contract Band $. The Surety shall be represented at the Project by The Under<nrriters Group as Risk Manager. Prier to the issuance of the Surety's Notice to :Proceed to the Completion Contractor, the Surety shaIl specifically authorize ixx writing an individual with the Completion Contractor to be its representative [°Authorized Individual") solely for the purposes set forthin the original Contract far dealing with Delray Beach oz~ day to-day canst~uction issues ~wlth respect to the Project. 9. Payments froze Delray Beach, shall be made to the Surety and transmitted to the Surety atthe fallowing address, unless and until Delray Beach is notified in writing afany different address Caznzner~cial insurance Alliance, A Reciprocal Insurance Company 9389$ Old I{ings Raad S. Jacksonville, ILL 32257 14. All Supplemental Agreements must be exerted and delivered by the Surety and Delray Beach. The Authar[zed Individ~ral from the Completing Contractor shall have, on behalf of the Surety, the authority to negotiate, but not to sign, Supplemental Agreements and Change Orders for extra work (i,e. work that is di#1'ereAt horn, in excess af, or beyond the scope of the work required by the Original Contract) requested or required by Aelray Beach C"Suppleaaaental Agreement). The Surety's representatives will have the authority to sign dacuznents on behalf of the Surety. 1 ~. The- total liability of the Surety under this Takeover Agreement and the Bond for file performance of the work on the Project, after the expenditure of the Contract Balance, fs limi#ed to and shall not exceed the penal sum of the Baud in the original aznaant,of $245,996.75. All costs and eatpenses.lncurred by Surety In connection with the completinn of this project will be ereditPd ta~vard the penal solo of the Bond, ' 12. In consideration of Ten Dollars ~$~q.Dn) in hand paid and other valuable consideration, receipt of which is hereby aclaaowledged, Surety agrees to defend, indemnify and ' bald harmless the City afDelrayBeach, their agents arnd employees in accordance with paragraph 7,28 a# the General Conditions which is 1nGOrporated herein and made a part thereof as fully set Earth herein. It is the specific intent of the parties hereto that the foregoing indemnification caxnplies witih lilarida Statutes 725.Ob, as amended. It is fuzther the specifiic intent and a~reernent of said parties that all ofthe Contract Dacutnents an this Project are hereby amended to include the foregoing indemnification and the °Sperific Consideration" therefor. 'T'his agreement to defend, indemnfCy and bald harmless the City of Delray Beach is limited to the penal sum of the Bond the original amount of $245,998.75. Furthermore, Surety shall indemnify and hold harmless Delray leach, in the amourrt of paymentto Surety in the e~rent Delray Beach provides payment to Surety and a Court of competent jurlsdirtian requires Delray Beach to make payment tea another entity arising of the remaining funds awed to Garden World. 13. The provisions of the Contract Fond shall remain in. full force and effect in accordance with its terms and conditions Nothing in this Takeover Agreement constitutes a waiver of such penal sum or an increase in the liability of the Surety under the payment provisions of the Sand. 14: This:Agreement is solely farfhe benefit of Delray Beach and the Surety. Delray Beach and the Surety da oat intend by any provision of this Takeover Agreement to create any rights, oar to confer any benefit upon or confer any enforcealale rights under this Takeover Agreement ar athertiyise upon anyazie other than Delray Beach and the Surety. The Completion Contractor has no co~tractiial rights pursuant to this Takeover Agreement and no contractual relationship shall exist between Delray Beach and.tbe Completion Contractor. 15. This TakeoverAgreeitient constitutes thewhole ofthe understanding, discussions, and agreements by and between Delray l3each and the Surety upon the subject matter cantalned herein. The terms and provisions nfthis Takeover Agreement are carnractual and oat ixiere recitals. Delray Beach and. the Surety aclcaowledge that there have been no oral, written or other agreements of any kind as a condition precedentto or to induce the execution and delivery of this Takeover Agreement. Anywritten or era] discl~ssians'randurted prior to the effective date of this Takeover Agreement shall not in any way, vary or alter the terixis nftliis Takeover Agreement. 1G. Tb1S Takeover Agreement shall not be changed, amended, or altered in anyvstay, except in writing and executed by bath Delray ]leach and the Surety. 17. This Takeover Agreement may be executed fn one ar more counterparts, each of which shall be deemed to oe an original. 7.8. This Takeover Agreement shall be tanstrued and interpreted in aecordatice with the Ia~srs of the State of Florida. Venue of any proceeding involving the priginal Contract or this Takeover Agreerxient will be exclusively in Palm Beach County, Florida. 19. Any notices which are requi red ro be given by the terms of this Takeover agreement, fine Qriglnal Gnntraet; or the Bond, shall be made as follows: Via certified mail, return receipt requested, postage prepaid to: City ol° Delray Beach c/a Brian Shutti Esquire 434 South Swinton Avenue Delray Beach, FL 3344 As to the Surety: Vra certified mail, return receipt requested, postage prepaid to: Commercial insurance Alliance 8777 San Jane Blvd., Suite #902 Jacksonville, l±lorida 32217 With a copy to: The Underwriters Group 8777 San Jose Blvd., Suite #402 Jacksonville, Florida 3221,7 And 1', CampbeII Ford,1?squire Ford, luliIler & Wainer, PA 1835 North Third Street JacksonvfIIe Beach, FL 3ZZ50 2U. The failure of any party to exercise in any respect a right pravicled for in this Takeover Agreement shall not be deemed to be a subsequent waiver of the carne right or any other right. 21.. Thfs Takeover Agreement shat! be binding upon the parties and shall inure to fire benefit ofthemselvas, their respective successors and assigns: in the event that one or more of tie provisions of this Takeover Agreement shall be declared to be fnvalid, illegal or unenforceable !n any respeck, unless such invalidity, illegality or unenforceabllity shalt be tantarnountto a faflure of consideratfou, the validity, legality, and enfareeability afthe remaining provisions contained herein shalt not in any way be affected or impaired thereby. 22. It is understood and agreed by Delray Beach and tkte Surety that this Takeover .A.greeonent shall be construed without regard to arty presumption or outer rule requiring construction. against the party causing this Takeover Agreement to be drafted ~~. Neither this Takeover Agreement nor any provision herein shall b e deemed ar cons4rued to be an admission or concession of Iiab[lity of any kind or nature by the Surety or Delray Beach or a waiver .or rele~e of [i} any of the rights ar clalrns of ~artlen Worldand/ar Surety including, but z~ot limited to, claims that the determination that Garden World had defa~]ted was improper and inva-lid, claims far delay, additional posts, and other elaints f©r addidanal campensatian.ortimc extensions under the Original Contract; [ii] any rights ar daians of Delray Beach 3n the Original Gantract including, but not limited to, Delray Beach"s claim forfiyuidated damages against Garden World ar the Surety, lost revenue Clainns, back rhargas, aid clafrns that Garden World breached the Original Coatract, all rf which c]aims and rights Surety and Delray Beach speciFca]ly reserve, it being fine understanding and Intention of the parties that any claims, defenses, ar contentions which have been made or which may be made in relation to the Original Cantrac~ including a]]eged breaches thereof by Garden World an the one hand, and Delray Beach on the other, are in rto way affected by this Takeover Agreement, and that by enteri~ag iota this Agreement the parties recognize that an~+ and all rights and claims which Garden World had against Delray Beach ar that Surety bas ar nnay have against l]elray Beach or that 13elray Beach has ar may hate against Garden World or Surety in relation to the Contract are in ua vvay impaired ar reduced by this Agreement and are fully reserved. In addition, the parties agree that any suit by the Surety ar Delray Beach shall be commenced within 820 days of the final acceptance ofthe'worl~ as set Forth in §337.19(2), l<lt~rida Statutes. The Surety agrees that the 820-dam period shall also-apply to any and a1i claims of Delray Beach including Delray Reach's claim far liquidated damages and disincentive pena]ties. IN W1T1VE5S WHEREOF, the parties have executed this Takeover l~greement on the date indicated and each of the undersig~ued personally represent and warrant that they have the full right, powez~ and authority to execute this TakeaverAgreement an be]aa]f of tlia respective parties. City of Delray Beach Cvmmerdal Insurance Alliance. Surety Bate: By: Its: Date: MEMORANDUM TO: Mayor and City Commissioners FROM: Ronald Hoggard, AICP, Principal Planner Paul Dorling, A1CP, Director Planning and Zoning THROUGH: City Manager DATE: December 17, 2009 SUBJECT: AGENDA ITEM S.E. -REGULAR COMMISSION MEETING OF JANUARY S, 201.© HOLD HARMLESS AGREEMENT/HAPPY TOGETHER PLAT ITEM BEFORE COMMISSION The item before the City Commission is the approval of a Hold Harmless Agreement associated with the plat of a single family subdivision known as Happy Together. BACKGROUND The subject property is within the Lake Ida Neighborhood Overlay District and is located at the northwest corner of NW 9th Street and the NW 4th Avenue. The property is zoned Single Family Residential (R-1-AAAB) and contains cone-story single family residence constructed in 1972. The existing house will remain on lot 1 and the undeveloped western portion of the property will become lot 2. The City Commission approved the final plat at its meeting of November 17, 2009 and the plat was recorded on December 10, 2009. Approval of the plat included an additional i5' right-of--way dedication and 5' sidewalk easement along NW 9th Street. Since an existing fence is located within the 15' right-of-way dedication area and a pool deck is located within the sidewalk easement on lot 1, the applicant agreed to execute the Hold Harmless Agreement, indicating that any modifications to these items, which may be required for future roadway expansion and/or sidewalk installation, will be at the owner's expense. The agreement has been reviewed by the City Attorney and approved as to form. RECOMMENDATION Move approval of Hold Harmless Agreement for the existing fence and pool deck located on Lot 1 of the Happy Together Plat, as recorded in Plat Book 113, Page 20, of the Public Records of Palm Beach County, Florida. Prepared by:1tET[71ZN: R Brian Shutt, Esq. Czty Attorney`s QfEce 20Q N.W. ls# Avenue Delray Beach, FL 33444 HOLD HAR[1H,ESS AGREEMENT THIS I~O)GD HARl1H..ESS AGREEMENT, is entered into this ~-~~day of ~€~l~rt~ 2D0 `~ by and between the CITY OF DELRAY BEACkI, FLORIDA, (hereinafter referred to as "CITY") and Herbert E. Sainin {hereinafter referred to as "OWNER"). WITNESSETH: WHEREAS, OWNER owns property located at 900 N.W. 4a' Avenue, Delray Beach, Florida, azad has requested CTi'Y to allow a fence and ool deal that is shown on Exhibit "B", to rezr~ain ixl the public right-of-way/sidewalk easement; and WEIEREAS, OWNER agrees to hold CITY harmless for any damage which mi~,ht be caused to the fence and pool dPClc as a result of maintenance within the public right-©f- way/sidewalk easement or any action brought agai:ast the CITY as a result of the fence and pool deck in the public right-of waylsidewalk easement. NOW, THEREFORE, for the mutual. covenants and matters set forth herein, as of the date set forth above, the parties hereby agree as follows: 1. The recitations set forth above are incorporated herein. 2. OWNER, is the owner of property described in Exhibit "A". 3. That OWNER wishes to allow a fence and o01 deck in the area, as shown on Exhibit "B", to remain in the public right-of-waylsadevaalk easement pursuant to the City of Delray Beach Code of Ordinances. 4. OWNER ackxtowledges that the CITY shall assume no respansibility or maintenance for the fence and pool .deck and any improvements thereto, r~vhich is currently placed within the public right-of wayfsidewalk easement and that OWNER shall be responsible for the upkeep and maintenance of such fence and pool deck and associated improvements in the public right-a~ waylsidewallc easement in accordance with the Code of Ordinances of the CITY. 5. OWNER, in consideration of the mutual covenants set forth herein, agrees to defend, indemnify, and hold harmless the CITY, its agents, officers, employees and servants from any and all claims, suits, causes of action ar any claim whatsoever made. and darnages_ which may result from the placement or existence of the fence and pawl decl~ and improvements in the public right-of wayfsidewalk easement. OWNER further agrees to hold the CITY, its agents, officers, employees and servants harmless for any damage to the fence and pool deck and associated improvements OWNER places within the public right-of waylsidevaalk easement, It is understood that any cost far replacement or repair of the fence and pool deck and associated improvements shall be the OWNER'S responsibility, and the CITY will not be held liable for any damage to the fence and ool deck and associated improvements as a result of any maintenance or construction within the public tight-of wayfsidewalk easetent by the CITY. 6. The CITY may at any time and in its sole discretion request that OWNER remove the fence and pool deck from the public right-off wayfsidewalk easement and OWNER agrees to immediately rexzzove the fence and pool deck from the public right-of waylsidewallc easement. 2 7. Ali notice required or allowed by this Agreerxaent shaIl be delivered in person or zxtailed to the parry at the following address: CITY: Environmental Services Director City of Delray Beach 434 South Swinton Avenue Delray Beach, FL 33444 OWNER: Herbert E. Sainio 900 N.W. 4t'' Avenue Delray Beach, F133444 $. This Agree~xzent shall be binding an the Parties, their respective heirs, successors. legal representatives, and permitted. assigns and shall be recorded in the Public Records of Palm Beach County and shall run with the land. 9. This Agreezxaent shall be govermed by and construed in accordance with the laws of the State of h'lorida. venue far any claim nr lawsuit arising out of this Agreement shall be in Palrn Beach County. IN WITNESS WHEREOF, the parties hereto have entered into this agreement the day and year first wxitten above. ATTEST: ~y: City Clerl~ Approved as to Form: By: City Attorney ~VESSES: `~ ~' ,~ ~~°'ta-- i .. ~ .. ~ ~:.~ ~~.~.i~l lam, 1'~"tryk-~~~ `.--(Print or Type Name) CITY OF DELRAY BEACH. Fi.f)RrDn By: OWNER: (Paint or Type Name) 3 r.' (SEAL} STATE OF ~ ~ ~~ ~~ ~~. COUN'T'Y' OF ~ ria ~~~~.~~ The foregoing ir~tru~naot 'was ac~a~vwledged before me this ~~~~' day of ~.__...----.. ___ , ... ~n-e~ser~e~a - , _ ~-piaee~f ~g~}e~x~a~~-b~alf--e~~e-c~o~~~ai~~. HelShe is e sonalIy mown to me~a~:.. ~~~ - „_. .-~ (type of identification] a~~`ti~a~t~on-and didlc.E~- ~ take an oath. / Signature of Notary ~'ublid"~' State of ~ ~..: ,.~:~... ~; MY COIutNI15510N i ~© 67p987 °~ E~PIRES:MAay7,2U41 ~~~ Bmded'Ihrt~S~teryPuENc€~nd9nmlero 4 EXHIBIT A Lot 1 of "Happy Together", according to the Plat thereof, as recorded in Plat Book 113, Page 2©, of the Public Records of Palm Beacf~ County, Plorida. ExH~a~T B W~ e.~r~t ~- r•«.nn z~~ c~vc (! ~E' 11189°49773"W. ~~ A~G~'~.R~NT {!W IR) ~ ~4~. ~3' ~olv trr~' Q 109.13' ~O PRYEd SnI1T tdVE' CiF' f rf~ Of' Nf/z ~t/z a>= for z -~- n~RrN t~ c~ ~r/z !~- ~ aox~n~ F.~.t.cr~ ~as~~r ~. sr/2 a~ Er/a ~ toy a (czr~a zaz.~ ~nt~ nss~ Lr ~ ~~ F. o 5F;Ed pAVE'1) (}RIVE' `~ m f ~ of F,~s ct~ a/~ pan - ~ ~ ~ 29' ~~ ~` ~N ~ r9 ~ ~ < osEa tar ~ ~~ ~~ ~~ ~n, ~ ~~ ~ ~ ~q ~ a - 2.Y2' ~j ' ~ ~ ~ ~Cf J O1 SCREED ~ d ~~ q 1-. ,. .'ti ~ ~ TItE PODi UE'dC ~ ~ 2 ~a '3f ~ i 29.9' ?t5r' ~ C ' ~ F - ~ ~° I ~~ T ~ ~ ~~ >b.g, . ~.__._.. .~ wooD F (rr~rCRt) b ~ ~rxorx ts~ tar a ~ ~ (tsar ,mac ~ PACE 4 ~~, 18.97' rvt~rl~ tam rY.ar soc~ a.~ P~~ r~ . Sss°50'r2~ ~r ~t8 ~ ~ t , N. W, 9T!-~ STREET _ '. 9TED R~ RF VY,4Y P~f? PIAr BAGti'f 2.~ PAt~' r38 Ii ~~~~ i TO: Mayor and City Commissioners FROM: Tracie M. Lutchmansingh, P.E., Asst. City Engineer Richard C. Haska, P.E., Environmental Services Director THROUGH: David T. Harden, City Manager DATE: December 29, 2009 SUBJECT: AGENDA ITEM S.F. -REGULAR COMMISSION MEETING OE .TANUARY 5, 2010 HOLD HARMLESS AGREEMENT /STANMORE DEVELOPMENT, LLC/MIDTO~'N DELRAY ITEM BEFORE COMMISSION Commission approval to execute a Hold Harmless Agreement with Stanmore Development, LLC for improvements in the right-of-way associated with the Midtovc~n Delray Medical Building. This project is located at 4600 Linton Boulevard. BACKGROUND Due to a drainage issue identified along Park Access (actually Germantown) Road from the construction of the Midtown Delray Medical Building, a curb flume inlet that ties into the Midtown Delray private drainage system was proposed to mitigate any flooding issues that might develop along Park Access and Germantown Roads. Under the agreement with Stanmore development, the City is held harmless from any damage to the improvements RECOMMENDATION Staff recommends approval. December 18, 2Q09 . Mr. Paul Doriing City of Delray Beach Planning & Zoning Department 100 NW First Ave Delray Beach, FL 33444 itE. Held Harmless Agreement Mr. Dorling: Candi Jefferson suggested that I send the enclosed Hold Harmless Agreement to your attention in her . absence. The Agreement pertains to the Midtown Medical Building located at 4600 Linton Boulevard. Thank you, . a~~~ ~ ,~ T. David Cash ~Ee 21 2t~a~ 4~LAN~1llV~ ~ .z~rvl~~ 1444 Narti~ U.S. Highway one Suite 242 Jupiter, Fl. 33477 0:561.776.4911 P: 561,2q~.187i www.stanmaredaveiapment.cnm l're~ared by: RETURN: R, Brian Shutt, Esq. City Attorney's Office 2Q0 N.W. 1st Avenue Delray Beach, FL 33444 HOLD HARMLESS AGREEMENT This Hold Harmless Agreement and General Release, is made this . day of , 2D0_ l,y and between the City of Delray Beach, l=lorida ("Ci#y") and 5tanmore Development. LLC _ __ with a mailing address of X1444 North US Hiphway One, Jupiter, FL 3347 and hereinafter referred to as ("Owner"}. WITNESSETH: WHEREAS, Owner, has requested approval to install a curb flume inlet located South of the Park Access Rd.fLlnton blvd. intersection Delray Beach, Florida in accordance with Exhibit "A" and pursuant #o the requirements of the Land Development Regulations of the City of Delray Beach, Section fi.3.4; and, WHEREAS, the Land Developmen# Regulations of the City of Delray Beach, Florida in Section fi.3.4 requires approval of the Chief Building Qfficial through approval of an applicable agreement with the City; and, WHEREAS, Owner agrees to abide by all the regulations governing canopies extending into the public right-vf~way as contained within the ordinances of the City of Delray Beach. DEC ~ 1 2C~ ~9 ~~.~lvn~~r~c &z~~~l~c NOW, THEREFORE, FOR THE MUTUAL COVENANTS AN^ MATTERS SET FORTH HEREIN, AS OF THE DATE SET FORTH ABOVE, THE PARTIES HEREBY AGREE AS FOLLOWS: 9 . The recitations set forth above are incorporated herein. 2. ©wner acknowledges that the Gity shat) assume no liability or responsibility for said land, structures, improvements, materials, appurtenances or the partial or complete destruction ar removal of the same on the subject property. 3. Nothing in fihis Agreement relieves Owner of any obligation imposed under the City's Land Development Regulations or Code of Ordinances. Owner is responsible for obtaining any and all permits required in connection with the canstructionfinstallatian of the canopies andlor supports- 4. Owner shall canstruc~nstall the curb flume inlet in the location as shown on Exhibit "A"_ ~. Owner, on behalf of himselflherself, hislher successors, heirs, and assigns, acknowledge that the City shall assume no responsibility for the curb flume inlet which is being placed within the public right of way. 6. Owner, hislher successors, heirs, and assigns, in consideration of the mutual promises contained herein and other good and valuable consideration, agree to hold harmless the City, its agents, officers, employees and servants from any damage to the and other related improvements which will be placed within the public right-of- way. It is understood that any cast for .replacement of the and other related improvements shall be Owner's, hislher successors, heirs and assigns responsibility and City will not be Meld liable for any damage as a part of any maintenance or construction within the said public right-of-way. Owner, hislher successors, heirs, and 2 assigns, in consideration of the mutual promises contained herein and other good and valuable consideration, agree to defend, indemnify and bald harmless the City, its agents, officers, employees and servants fr©m ar~y claim, lawsuit or action brought against the City as a result of the being placed within the public right-of-way. 7. The City or its agent, contractor or representative shall be allowed to access the enclosed portion, if any, of the public right-of-way at any time. $. Owner shall remove the curb flume inlet from the public right-of--way within twenty (20) days of receiving notice from the City requesting removal. if Owner fails to remove the curb flume inlet, the City may remove the and bill the Owner for the cost of such removal_ The City, ar its agents ar contractors, shall not be responsible for any damage that may occur to the curb flume inlet during such removal. The City may request removal of the curb flume inlet for any reason and in its sDle discretion. 9. Owner, his/her successors, heirs, and assigns, in consideration of the mutual promises contained herein and other good and valuable consideration, further agree to hold harmless, defend, or reimburse the City, for any damage that is caused to the City's public right-of-way as a result of the construction, maintenance or existence of the located in the public right of-way. 90. The Owner's placement of the curb flume inlet in the public right-of--way shall not in any way be construed as a constructive abandonment by the City. 1'l. This agreement shalt not be valid unless signed by the City's Manager and City Clerk. 3 '!2. This agreement constitutes the entire agreement between City and Owner and may not be altered, amended, or modified except by an instrument in writing signed by the parties to the agreement with all the same formalities as this agreement. 1N 1NITNESS IfVHEREOF, the parties hereto have entered into this agreement the day and year first written above. ATTEST: By: City Clerk Approved as to form: By: City Attorney ESS: typed or hand~iirittenj W ITN~S: ~~~~-_.. (name typed oar ha~ndrrvriften} CITY OF DELRAY BEACH, FLORIDA By: City Manager OWNER: By ~~ (name typed nr handwritten) SEAL STATE OF FLORIDA COUNTY OF PALM BEACH . The foregoin instrument was acknowledged before me this ~ day of 20p ' by , (name of ofFicer or agent, tit a of ofl•tce or agentj, of ~ . ,~, ~ ~.: ~ , ~ ~ (name of corporation acknowledging), a ~i. (state or place of incorporation} carparatian, on behalf of the corporation. He/She is personally known to me or has produced ~~ ~;~~F~~, ~1.C~_~~C~ (type of identification) as identification and didEd~i-Make an oath. su~r,~r~~st~op ~ ignature Person Taki g ~~ NoRary Public, Stare of ~~-ld~ - `. .Acknowledgment Commisslon#RDBi7278 - My comm. expires Aug.-6, 2p1t 4 ~ - -: r i - n,,: _..: ~.... _ ~... ~ .~. ... '- NORTH LINE ~~ ry. ~ .:~ . _~-. ~ ,.,T.,~ x ~, -~~...~ , S25 T46E R42E .~ ~_ X • ~ ~ ,' V1 ~~' ~r ,gyp. . ~.• 4 i r,~ s {{ 3III ~ _. I~ _ s ie J«... - -~- _. d r s ~ Y ~ ~ ~w e ~+- _~ ~~ -~ %~ ,. 6 ,~ 3i ~ E_ _. ~ ~ -~ f ~ ~~ ~ q`;1 ~~ - Y f1 ~ ~ ~ ~ ~ '! ii S ~ !f ~, . E ~ S ~i : ifll ~ ~ ,, ; ~ ~ ?` E? ._ . 3 ~.~y i_ N z ~; i . V ~ j 1941 F ~ 3` }€ K is E STR-24A ~ ~ ~' `'i t ~~ i; I ~ ~ -;.-,~ PRG4POSEDETURB I I q .~; FLUME ~N~- tI ~ ~ x I p ~ c j} I ' F ~~;; I n ` .. f ~ ., , I I 4j ' _~ I I ~ :,#. p I I ~ ~~ .'~t`, 4 ~. 'inI` I : ~,~ ~~. i 3 4 ~1 I I ~ c~ ~ \~ ~ i '~1 _4 __ ~ _ DRAP~RTCHNOLOGY,I,I.C SE 0°~NT,LLC MIDTOWN DELRAY EXHIBI ~,,, PALM BEACH COUNTY, FLORIDA ~ A txz mw,ie a,a, s,a. s-ta r~m• Piw) Qae-mea ~a~rx we ~ , ~, SECT'iOlY 25, TOWIVSHTR 46 SOCJ"I'T-I,12ANCE 42 EAST iyiytA rat ~y.,. ti 3wvi - (vim) aae-a;~n ~ ~ ~n-o~ a Q Z O H a U O J ~~.. 3 0 ~a ~ ~ z~ oc~~ a ~~ ~a o a~ ~~ x~ ~® Va m~ ~o"',o r` d rno ~o ~~ ~ ~ O. C ~~ ~ ~ _ ~, = m 3 = ~ o ~ ° :~ ~ :a ~ ~ ~- L 0 ~ r J ~ .{.. ca ^ s~- ,",~: ~' 77 `~ [ `~ ~~~ ~~ ~~ ~~ ~: ~ f ~ ~* ~~ ~~~r~ ~, ~ ,4`~'~' a~~ tip: c~ U (Q v m 0 0 0 N M N T MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: December 22, 2009 SUBJECT: AGENDA ITEM 8.G. -REGULAR COMMISSION MEETING OF .TANUARY 5, 2010 RESOLUTION N0.01-10 ITEM BEFORE COMMISSION This is a resolution assessing costs for abatement action required to remove nuisances on 24 properties throughout the City. BACKGROUND The resolution sets forth the actual cost incurred and provides the mechanism to attach liens against the properties in the event the assessments remain unpaid. RECOMMENDATION Recomrnend approval of Resolution No. 01-10. RESOLUTION NO. 01-10 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 DECLARFNG SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS. WHEREAS, the City Manager or his designated representative has, pursuant to Chapter 100 of the Code of Ordinances, declared the existence of a nuisance upon certain lots or parcels of land, described in the list attached hereto and made a part hereof, for violation of the provisions of Chapter 100 of the Code of Ordinances; and, WHEREAS, pursuant to Section 100.21 and 100.22 of the Code of Ordinances of the City of Delray Beach, the City Manager or his designated representative has inspected said land(s) and has determined that a nuisance existed in accordance with the standards set forth in Chapter 100 of the Code of Ordinances, and did furnish the respective owner{s) of the land(s) described in the attached list with written notice of public nuisance pursuant to Sections 100.21 and 100.22 of the Code of Ordinances describing the nature of the nuisance(s) and sent notice that within seven (7) days from the date of said notice (forty-two (42) days in the case of violation of Section 100.04 pertaining to seawalls) they must abate said nuisance, or file a written request for a hearing to review the decision that a nuisance existed within five (5) days from the date of delivery of said notice, failing which the City of Delray Beach would proceed to correct this condition by abating such nuisance, and that the cost thereof would be levied as an assessment against said property; and, WHEREAS, the property owner(s) named in the list attached hereto and made a part hereof did fail and neglect to abate the nuisance(s) existing upon their respective lands or to properly request a hearing pursuant to Section 100.21 and 100.22 within the time limits prescribed in said notice and Chapter 100 of the Code of Ordinances, or if the property owner{s) did request and receive a hearing, said property owner(s) failed and/or neglected to abate such nuisance(s) within the time designated at the hearing wherein a decision was rendered adverse to the property owner(s); and, WHEREAS, the City of Delray Beach, through the City Administration or such agents or contractors hired by the City Administration was therefore required to and did enter upon the land(s) described in the list attached and made a part hereof and incurred costs in abating the subject nuisance(s) existing thereon as described in the notice; and, WHEREAS, the City Manager of the City of Delray Beach has, pursuant to Chapter 100 of the Code of Ordinances of the City of Delray Beach, submitted to the City Commission a report of the costs incurred in abating said nuisance(s) as aforesaid, said report indicating the costs per parcel of land involved; and, WHEREAS, the City Coxnrx~ission of the City of Delray Beach, pursuant to Chapter 100 of the Code of Ordinances desires to assess the cost of said nuisance(s) against said property owners}, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That assessments in the individual amounts as shown by the report of the City Manager of the City of Delray Beach, involving the City's cost of abating the aforesaid nuisances upon the lots or parcels of land described in said report, a copy of which is attached hereto and made a part hereof, axe hereby levied against the parcel(s) of land described in said report and in the amount{s) indicated thereon. Said assessments so levied shall, if not paid within thirty (30) days after mailing of the notice described in Sec. 3, become a lien upon the respective lots and parcel(s) of land described in said report, of the same nature and to the same extent as the lien for general city taxes and shall be collectible in the same manner as mortgages and foreclosures are under state law. Section 2. That such assessments shall be legal, valid and binding obligations upon the property against which said assessments are levied. Section 3. That the City Clerk of the City of Delray Beach is hereby directed to immediately mail by first class mail to the owner{s) of the property, as such ownership appears upon the records of the County Tax Assessor, notice(s) that the City Commission of the City of Delray Beach at the ,~anu, ary 5, 2010, meeting has levied an assessment against said property for the cost of abatement of said nuisance by the City, and that said assessment is due and payable within thirty (30) days after the mailing date of said notice of assessment, after which a lien shall be placed on said property, and interest will accrue at the rate of $% per annum, plus reasonable attorney's fees and other costs of collecting said sums. A Notice of Lien shall be mailed, along with the Notice of Assessment and this resolution. Section 4. That this resolution shall become effective thirty (30) days from the date of adoption and the assessment(s) contained herein shall become due and payable thirty (30) days after 2 Res. No. Oi-10 the mailing date of the notice of said assessment(s), after which a lien shall be placed on said property(s), and interest shall accrue at the rate of eight {8) percent per annum plus, if collection proceedings are necessary, the costs of such proceedings including a reasonable attoxney's fee. Section 5. That in the event that payment has not been received by the City Clerk within thirty (30) days after the mailing date of the notice of assessment, the City Clerk is hereby directed to record a certified copy of this resolution in the public records of Palm Beach County, Florida, and upon the date and time of recording of the certified copy of this resolution a lien shall becorr~e effective on the subject property which shall secure the cost of abatement, interest at the rate of S%, and collection costs including a reasonable attorney's fee. PASSED AND ADOPTED in regular session on this day of 2010. MAYOR A7"I"EST: City Clerk This instrument was prepared by: Brian Shutt, City Attorney 200 N.W.18{ Avenue Delray Beach, Florida 33444 3 Res. Na. OI-10 CERTIFICATION I, CHEVELLE D. NUBIN, City Clerk of the City of Delray Beach, do hereby certify that the attached document is a true and correct copy of Resolution No. 01- 10, as the same was passed and adopted by the Delray Beach City Commission in regular session on the day of , 2010. IN WITNESS WHEREOF, l have hereunto set my hand and the official seal of the City of Delray Beach, Florida, on this the of , 2010. Chevelle D. Nubin City Clerk City of Delray Beach, Florida {SEAL) 4 Res. No. O1-10 COST OF ABATING NUISANCES UNDER CHAPTER 100 OF THE CODE OF ORDINANCE PROPERTY DESCR1PTi(3N '~?~t+/NER ASSISSMI~NT 345 SW 10th Avenue ROSEMONT GARDENS UNIT A LOT 2, BLK 1 PB 29 PG 118 PCN 12 43 46 17 44 001 0020 CASE NBR 09 00102000 CUST NO. 13111 Tangelo O. Brown, Joyce Green, Alfreida Johnson and Frances Pressley 345 SW 10th Avenue Delray Beach, Florida 33444 130.00 nv. No. 34699 $ 55.00 Admin Fee $ 25.00 Admin Fee $ 21 O.DO 105 5E 9th Street OSCEOLA PARK IN LOTS 13 & 14 (LESS W 1!2) BLK 14 PB 3 PG 2 PCN 12 43 46 21 01 014 0132 CASE NBR 09 00101830 CUST NO. 13110 Daniels Caldeira 105 SE 9th Street Delray Beach, Florida 33483 142.00 nv. No. 34698 $ 55.00 Admin Fee $ 25A0 Admin Fee $ 222.00 V/L N OS 2955 FL BLVD SPANISH TRL TROPIC ISLE 3RD SECTION LOTS 411 & 412 P 25 PG 37 PCN 12 43 46 28 03 OOD 4110 CASE NBR D9 00101030 CUST NO. 8544 atharine D. Martens 589 Deerfield Dr. Melbourne, Florida 32940-1947 201 A0 nv. Na. 34679 $ x5.00 Admin Fee $ 25.00 Admin Fee $ 2$1.00 11 5W 9th Street BELLVIEW COURT LOT 2 PB 11 PG 45 PCN 12 43 46 20 15 OOD OD2D CASE NBR 09 00101429 CUST NO. 10223 Gillat Laurent 4214 NW 1st Place Deerfield Beach, Florida 33442-9238 118.00 nv. No. 34682 $ 55.00 Admin Fee $ 25.00 Admin Fee $ 198.00 537 NW 51st Avenue PINE TRAIL SEC 4 LOT 10 (LESS NLY 42.51 FT) BLK 9 PB 1 PG 3 PCN 12 42 46 12 12 409 0102 CASE NBR 09 00101677 CUST NO. 12948 Daphney A Fleurant 537 NW 51 st Avenue Delray Beach, Florida 33445 118.00 nv. No. 34684 $ 65,00 Admin Fee $ 25.04 Admin Fee €31 - LAND TO BE KEPT FREE VlC3LATION IS: a~ECTION 100 $ 198.00 . 3NSTITUTING HAZARDS; DECLARED VEGATlC3N MATTER Cf QF DEBRIS , . , NUISANCE RES NO. 01-10.x1s COST OF ABATING NUISANCES UNDER CHAPTER 100 OF THE CODE OF ORDINANCE 34D6 Blvd Chatelaine CHATELAINE NO. 1 LOT 22 BLK 3 PB 1 PB 3 PCN 12 42 46 12 Q3 003 0220 CASE NBR 09 DD103215 CUST NO. 13093 ltshak Bareda 3406 Blvd Chatelaine Delray Beach, Florida 33445 9D.00 nv. No. 34659 $ 55.00 Admin Fee $ 25.00 Admin Fee $ 170A0 901 S W 11th Terrace Delray Beach HGTs 1st ADD Lot 8 Blk 5 PB 1 PG 3 PCN 12 43 46 20 3D 005 0080 CASE NBR 09 00103572 OUST NO. 13115 tarries Moye and Elreka Moye 901 5W 11th Terrace Delray Beach, Florida 33444 175AD nv. No. 34729 $ 75.00 Admin Fee $ 25.D0 Admin Fee $ 275.00 667 Eagel Circle Tropic Palms Plat No. 2 Lot 530 PB 1 PG3 PCN 12 43 46 29 04 000 5300 CASE NBR 09 001D2545 CUST NO. 13114 Edward Schwartz 667 Eagle Circle Delray Beach, Florida 33444 200.DD nv. No. 34728 $ 75.D0 Admin Fes $ 25AD Admin Fee $ 300.D0 14960 W hatley Road COUNTRY CLUB ACRES 1ST ADD LT 34 (Less S 112) & S 37.5 FT of Lot 35 P8 24 PG 16 PCN 12 42 46 13 D2 OOD D341 CASE NBR 09 00102677 CUST NO. 9473 Grayhawk Development Corp. 9202 Olmstead Drive Lake Worth, Florida 33467 118.00 nv. No. 34680 $ 55.D0 Admin Fee $ 25.00 Admin Fee 198.D0 205 SW 12th Avenue ATLANTIC GARDENS DELRAY LOT 2 Blk 7 PB 1 PG 3 PCN 12 43 46 1 7 23 OD7 D02D CASENBR 09 00101172 CUST NO. 12718 Stephen Adderly 1076 Aspri Way Palm Beach Gardens, Florida 33418- 6515 75.00 nv. No. 34657 $ 55.00 Admin Fee $ 25.00 Admin Fee $ 155.00 3129 Florida Blvd TROPIC ISLE 4TH SECTION LOT 486 PB 25 PG 69 PCN 12 43 46 28 Q4 DDO 4860 CASE NBR D9 001043D9 CUST NO. 10131 Tropic Isle Place LLC % Ricardoa Gonzalez, REG AGT 7270 N W 12th Street PH# 9 Miami, Florida 33126-1929 21D.75 nv. Na. 34fi81 $ 55.00 Admin Fee $ 25.OD Admin Fee VIOLPETION IS: SECTION 1QQ.01 -LAND TO BE KEIPT FREE $ 290.75 (]F DEBRIS, VEDATION, MATTER CONSTITUTING HAZARDS; DECLARED NUISANCE RES NO. D1-10.x1s COST OF ABATING NUISANCES UNDER CHAPTER 10D OF THE CODE OF ORDINANCE 401 SW 8th Avenue ROSEMONT GARDENS UNIT A LOT 1 Blk 2 PB 29 PG 118 PCN 12 43 46 17 44 002 0010 CASE NBR 09 00099248 CUST NO. 13098 David Drayton, Bobby Jackson and Judy Hopes 401 SW 8th Avenue Delray Beach, Flarida 33444 159.50 nv. No. 34686 $ 55.D0 Admin Fee $ 25.D0 Admin Fee $ 239.50 931 Fern Drive TROPIC ISLE 3RD SEC LOT 278 PB 25 PG 37 PCN 12 43 46 28 03 000 2780 CASE NBR 09 flD100304 CUST NO. 13101 Jeremy Vandervort 931 Fern brive Delray Beach, Florida 33483 131.25 nv. No, 34689 $ 55.D0 Admin Fee $ 25.00 Admin Fee $ 211.25 __ ~ ~ ~ _~ _ 1110 Harbor Drive DELRAY ISLE LOT 36 PG 24 PG 165 PCN 12 43 46 D9 36 000 0360 CASE NBR 090D1flD629 CUST NO. 13102 Jerome McNamara and Sally McNamara 1110 Harbor Drive Delray Beach, Florida 33483 119.25 nv. No, 34690 $ 55.00 Admin Fee $ 25.00 Admin Fee $ 199.25 219 NE 22nd Street 4~}6-43, W 145 FT OF E 1I2 OF S 1I4 OF NE 114 OF 5W 114 OF 5W 1I4 PB 1 PG 3 PCN 12 43 46 04 00 000 7170 CASE NBR D9 00101134 CUST NO. 13104 Alonzo Mohammed Z19 NE 22nd Street Delray Beach, Florida 33444 147.50 nv. No. 34692 $ 55.00 Admin Fee $ 25.00 Admin Fee $ 227.5Q 309 SW 12th Avenue BELLEHAVEN UNIT A LOT 18 PB 26 PG 164 PCN 12 43 46 17 21 000 0180 CASE NBR 09 00101162 CUST NO. 13905 Annie L Merchant Est 309 5W 12th Avenue Delray Beach, Florida 33444 142.00 nv. Na. 34693 $ 55.00 Admin Fee $ 25.00 Admin Fee ~ 2z2.oD 3529 Avenue Montresor CHATELAINE NO 1 LOT 8 Blk 8 PB 29 PG 95 PCN 12 42 46 12 03 008 0080 CASE NBR 09 00101412 CUST NO. 13107 Sainvil Werner and Sylvie Werner 3529 Avenue Montressor Delray Beach, Florida 3345 159.50 nv. No. 34695 $ 55.D0 Admin Fee $ 25.00 Admin Fee $ 239.50 VIOLATION IS: SECTION 101].01 - LAND TO BE KEPT FREE OF DEBRIS, NEGATION, MATTER CQNSTITI.ITING HAZARDS; DECLARED NUISANCE RE5 N0.01-10.x1s COST OF ABATING NUISANCES UNDER CHAPTER '100 OF THE CODE OF ORDINANCE 313 SW 11 kh Avenue Belkehaven Unit B Lt 18 PB 27 PG 27 PCN 12 43 46 17 39 000 0180 CASE NBR 09 00100668 OUST NO. 13103 John Cineus 313 SW 11th Avenue Delray Beach, Florida 33444 130.00 nv. No. 34691 $ 55A0 Admin Fee $ 25A0 Admin Fee $ 210.00 426 SW 14th Avenue CARVER PARK LOT 19 Blk 3 PB 27 PG 55 PCN 12 43 46 17 41 003 0190 CASE NBR D9 00099401 CUST NO. 13100 Alsone Villas and Catherine Villas 13487 Barwick Road Delray Beach, Florida 33445 147.50 nv. Na. 34688 $ 55.00 Admin Fee $ 25A0 Admin Fee $ 227.50 ~~~ 1109 NE 2nd Avenue -~..._._.~ _~ [SELL PARK LOT 21 Blk 5 PB 1 PG 3 PCN 12 43 46 09 28 DD5 0210 CASE NBR 09 00101238 GUST NO. 13106 Gary Abeles 1109 NE 2nd Avenue Delray Beach, Florida 33444 $ 206.50 lnv. No. 34694 $ 55.D0 Admin Fee $ 25.00 Admin Fee $ 286.50 4962 NW 5th Street Pine Trail Sec 3 Final Plat Lt 6 (Less W 40 FT} PB 33 PG 128 PCN 12 42 46 12 D9 004 0062 CASE NBR 09 00101768 CUST NO. 13108 Marie V. Jean-Louis and Desire Montcamene 4962 NW 5th Street Delray Beach, Florida 33445 118.00 nv. No. 34696 $ 55.00 Admin Fee $ 25.00 Admin Fee $ 198.00 805 SW 7th Avenue COLONIAL HEIGHTS LOT 6 Blk 2 PB 26 PG 69 PCN 12 43 46 20 03 002 0060 CASE NBR 09 00099403 CUST NO. 13112 Christopher Paduano 838 Pelhamdale #1-E New Rochelle, NY 10801 189.00 nv. No. 34700 $ 55.00 Admin Fes $ 25.00 Admin Fee $ 2fi9.00 308 N W 2nd Street TOWN OF DELRAY W 85.6 FT OF LOT 9 & W 85.6 FTOFN54FTOFLTI0PLK35PB1 PG3 PCN 12 43 46 16 01 035 OD92 CASE NBR 09 00101661 CUST NO. 11993 att Gerchow 308 NW 2nd Street Delray Beach, Florida 33444 75.00 nv. No. 34656 $ 55.00 Admin Fee $ 25.00 Admin Fee 01 - LAND Tt~ BE KEPT FREE VIOLAT[ON IS. SECTION 1D0 $ 155.00 . MATTER CQNSTITUTIN~ HAZARDS; DECLARED OF DEBRIS VE~ATICN _ , , NUISANCE RE5 NO. 01-10.x1s COST OF ABATING NUISANCES UNDER CHAPTER 100 OF THE CODE OF ORDINANCE 9209 NW 1st Street 17-46-43 N 150 FT OF S 175 FT OF W 50 FT OF E 175 FT OF 5E 114 OF LT 2 PB1 PG 3 PCN 12 43 46 17 42 002 0022 CASE NBR 09 00101669 CUST NO. 7394 Frederick Mitchell 1209 NW 1st Street Derlay Beach, Florida 33444 125.00 nv. No. 34654 $ 55.00 Admin Fee $ 25.00 Admin Fee $ 205.00 VIOLATION IS: SECTION 100.01 -LAND TO BE KEPT FREE OF DEBRIS, NEGATION, MATTER CONSTITUTING HAZARDS; DECLARED NUISANCE RES NO. 01-10.xls MEMORANDUM TO: Mayor and City Commissioners FROM: R. Brian Shutt, City Attorney DATE: December 29, 2009 SUBJECT: AGENDA ITEM S.H. -REGULAR COMMISSION MEETING OF ANUARY 5 2014 AGREEMENT/FDLE/NCICIFCIC SYSTEM ITEM BEFORE COMMISSION Approval of the Agreement with Florida Department of Law Enforcement for use of the NCIC/FCIC System by the Police Department. BACKGROUND The City`s current agreement with FDLE, regarding the use of the NCIC/FCIC System, was approved in 1998. This agreement is the same, except for the changes listed below: 1. Requirement of Criminal Justice Information Services (CJIS) Security training for both in-house and private vendor information technology staff; 2. Enhanced direction on background screening and access; 3. Requirement to have a local office contact person for every location accessing the Criminal Justice Nework (CJNet)/FCIC in addition to the agency head appointed Terminal Agency Coordinator (TAC) and Alternate TAC; 4. Guidelines for interface agencies anal security precautions for wireless access; 5. Limiting FCIC and CJNet access to computers or interface devices owned by the User or contracted entity; 6. Requirement for all personnel with FCIC access to have a separate and distinct password for the softwarelinterface used to initiate the transaction; 7. Deactivation of individual user access to eAgent andlor other FCIC interfaces, other CJNet applications, and FBI Law Enforcement On-line (LEO), upon separation, reassignment or termination of duties if access is no longer required. The changes comply with State anal Federal standards. RECOMMENDATION Approve the agreement. LIi4 OF UELRIIY BEIi[H ~at~r ~ I 1993. car ~rrac~t~v~~ o~~c~ ~Q11G~ LEGAL AG~'SQI~ 3aa t~v. A'iL~~'IIC AVET[L1E • I3EI.RAY- IiEACI-i, ~LC?RIDA 3344 TEL~N}EUN~jG]l~~i3-7tsM3 " F'AC51A41Lk.56I/2~i-781j Po~~cE ~~o~ ~DU~soR MEIId10RANDUl111 To: David Hardenr City Manager From: Catherine M. Ko~ol, " Asst. City AttorneyfPo c Legal Adviso bate; December 14, 2[tg9 Re: Agreement with FDLE for NCICIFCIC System. This is an Agreement between the Florida Department of Law Enforcement and the Delray Beach Police Department far use of the NCICIFCIC System. This agreement is the same as the prior agreement with the exception of several revisions that were necessary to comply with changes in State and Federal standards, These changes include: 1. Requirement of CJIS Security training far bath in-house and private vender information technology staff; 2. Enhanced direction on background screening and access; 3. Requirement to have a local office contact person for every location accessing C.iNet/FCiC in addition to the agency head appointed TAG (Terminal Agency Coordinator) and Alternate TAC; 4. Guidelines for interface agencies and security precautions for wireless access; 5. Limiting FC1C and CJNet access to a computers or interface devices owned by the User or contracted entity; RE~E~VE~ ~~~ 15 2i1~ CITY ATTORNEY 6_ Requirement for ail personnel with FCIC access to have a separate and distinct password for the svfhnrare~nterface used to initiate the transaction; 7. Deactivation of individual user actress to eAgent andlor other FCIC iriterFaces, other CJNet applications, and FBI i..aw Enforcement Qn-line (LEQj, upon separation, reassignment yr terrnination of duties if access is no longer required. I would appreciate it if you would review this Agreement and return it to my office sn that we may forward it vn for signa~re. office. If you desire any further inforrr~ativn, please do not hesitate to contact my CMKlath cc with Encs. Brian Shutt, City Attorney FDIF Crimtna~ .lus6ce User Agreement CR111~IN~L JUSTICE USER ~4GREEMENT This Agreement, is entered into between the Florida Department of Law Enforcement (hereinafter referred to as FDLE}, an agency of the State ofi Florida with headquarters at 2339 Phillips Road, Tallahassee, Florida and the DEZ,RAY BEACH POLICE DEPARTMENT with headquarters at 3~fi1 west;atlantic Avenue. Delr ,y Beechr FL 33444 , with the primary Of~l af: F~a500400 (hereinafter referred to as the User). - - --~ Whereas, FDLE is authorized by law to operate and regulata the Criminal Justine Network (hereinafter CJNet) as an intra~agerrcy information and Beta-sharing network far use by the state's criminal justice agencies; Whereas, FDLE is authorized by law to estab#ish and operate the Florida Crime Information Center (hereinafter FC#G} for the exchange of information relating to crimes, criminals and criminal activity; Whereas, FDLE participates in the National Crime #nformatian Center {hereinafter NGIC),. a service of the United States Department of Justice, the Interstate Identification Index (hereinafter I#I}, and the international Justice and Public Safety lnforrnation 5hartng Network (hereinafter NLETS}, and serves as Florida's Criminal Justice information Services (CJiS) Systems Agency (CSA} far the interstate transmission of criminal justice information to and from agencies in Florida and agencies in the continental United States, Alaska, Hawaii, U.S: Virgin islands, Canada and Puerto Rica, Whereas, the User requires access to intrastate and interstate criminal justice information systems provided by FDLE through the CJNet in order to effectively discharge its public duties; Whereas, FL}LE wits facilitate local law enforcement and other criminal justice agencies' requests to participate in the information services provided on GJNet, provided the User agrees to abide by applicable federal and state #aws; administrative code, and all policies, procedures and regulations related to these systems. FDLE retains full cantro# over the manageXrtent.and operation of CJNet and FDIC. Therefore, in considerafiion of the mutual benefts to be derived from this Agreernertt, the FDLE and the User do hereby agree as follows; (This User Agreement is designed fior use with ail Florida criminal justice agencies. if the User does not perform a specific function, the provisions regarding that function will not apply to the Uses.} Jan 2aq$ Page ~ of 15 FDLE CrimEnal JusHse EJser Agreement SECTION I FCICINCICICJNET I=DLE REQUIREMENTS FDLE is duly authorized and agrees to ensure access to the information services provided on C,lNet and adhere to the following: ~. Serve as the GSA for the State of Florida and provide the User with access to criminal justice information as is available in the FCIClNCiC and lli systems and NLETS through CJNet, and to serve as the means of exchanging criminal justice information between the User and other criminal justice agencies on GJNet. 2. Provide the opportunity for GJIS certification/re--cerlyfrtcation and CJIS Security Awareness training_ 3. Provide the User with information concerning p~rvacy and security requirements imposed by state and federal laws, rules and regulations. 4. Provide state criminal history record check services for non~crimirtal jus#ice purposes as provided by law. S. Act as the central state repository; provide identification, record keeping, and exchange of Criminal History Record Infarma~tion (CHR€) services. 6_ Facilitate access, using CJNet, to otl-rer information applications or systems #hat the User may be authorized to access. SECTION Il FCIC/NCiCfCJNET USER RI=QUIRT=MENTS By accepting access as se# forth above, the User agrees to adhere to the following to ensure continuation of access: USl* OF THE SYSTEM: Use of the CJNet and any system accessed via the C.lNet is restricted to the administration of crimina! jr~stice or as otherwise specifically authorized or required toy statute. information obtained from the FCICENC[C files, or computer ihterfaces to outer state or federal systems, by means of access granted through CJNet, can only be used for authorized purposes in compliance with FCICINGIC and NI rules, regulations and operating procedures, and state and federal law. It is the responsibility of the User to insure access to CJNet is for authorized purposes only, and to regulate proper use of the network and Information at all times. The User must.estabiish appropriate written standards, which may be incorporated with existing codes of~ conduct, for disciplining violators of this and. any incorporated policy. If the User provides an interface between FDLE and other criminal justice agencies it must ab€de by a!i of the provisiaris of this agreement. Agencies that access FDLE systems by interfacing thraug#~ other agencies must, likewise, abide by all provisions of this agreement. An Interagency User Agreement is required when access to CJNet is provided by the User to another agency. Jan 20p9 Page 2 of Z~ FDLE Crirnfnal JusfirB user Agreement a. MESSAGES: Only law enforcement and other criminal justice messages shalE be sent over and through the CJNet. All messages ~uvill~be treated as privileged unless other+rvise indicated. User should make prudent use of regional and statewide broadcast message requests. All messages must use plain English text in the message. b. COMPLIANCE: Access FCIClNCIC and other C,lNet applications in strict compliance with applicable GJNet, FCIC, NG1C, !fl and NLETS policies including, but not Limited to, policies, practices and procedures r~Iating ta: i) TIMELINESS: FCiCINCIG records must be entered, modified, located, cleared, and canceled promptly in order to ensure system accuracy and effectiveness. Users that perform FCIClNCIC updates fior other agencies must comply with timeliness requirements for the records entered for the serviced agencies as~well. ii) HOT FILE ENTRIES: User agencies that have personnel dedicated to maintain a 24-hour, seven-day a week FC1ClNCIG operation will be allowed tv rnake entries into the 1=CIClNCIC Hat Flles. ~a) Users making entries for another law enforcement agency must execute an [nteragency Agreement outlining each agency's responsibilities. {b} Adult Warrants, Missing Persons and all property records ofi the FCIC Hot Fite records, entered by state and 3ocal agencies, will be made available to the public an the Internet via the FCIC Public Access System SPAS), unless explicitly flagged by the User for eXCIl~510n. iii) QUALITY ASSURANCE: Appropriate and reasonable quality assurance procedures must be in place, including second party verifica#ion du-ring entry, to ensure all entries in FCIClNCIC are complete, accurate, and valid. iv) VALIDATION: The User must validate all records that the User leas entered Into the system for accuracy and retention. Ta be in compliance with FCIClNCIC rules, regulations and operating procedures, the User mUSt ensure each record is modified to confm~ the successful validation of each record on file in FCIC/NCIC. Failure to modify a record to indicate validation may result in its removal from the frle. Users that make entries into the FCIClNC1G Hat Files ate responsible for maintaining written validation procedures. Jan 2D09 Page 3 of 15 FgLE Criminal Jusiice User Agreemerit v) NJT CONFIRMATION: The User must comply smith FCIGINCIC rules, regulations anal operating procedures by responding to the hit confirmations in a ~rnely manner (within ten minutes or one-hour depending on priority}. vi} DISSEMINATIQN: Information obtained from the FCICINCiC hot files, CJNet ar computer interfaces to other state or federal systems, ly means of access granted pursuant to Section 943.0525, F.S., can only be used for official criminal justia~e purposes. Compliance with Chapter 9'I 9, F.S., is accomplished lay directing record requests to F~I~JW per Chapter ~ 1 C-6, F.A.C., and section 943.053(3), F.S. Jt is the responsibility of th2 User to ensure that access to the CJNet is for authorized criminal justice purposes only, and to regulate proper access to and use of the network and information at ail times. The User will disseminate CHRI derived from federal records or systems only to criminal justice agencies and only for criminal justice purposes. Criminal justice purposes include criminal justice employment screening. The User, if functioning in the capacity of a pretrial release program or providing ~HRI for a pretrial release program, may disseminate Florida public record information only, in compliance with s. 907.043 (3)(b}7,. F.S., which requires "[ejach pretrial release program [to] prepare a register displaying information that is relevant to the defendants released through such a program ~ This dissemination shat! be restricted tQ county probation services offices and those crimina! justice entities providing the probation offices with information attained via the FCIC Il message switch far the administration of crimina[ jus#ce. . vii) RETENTION: Criminal history records, whether retrieved from Ill yr the state system, which the User maintains, must be Dept in a secure records environment to prevent unauthorized access. (a} Retention ofi criminal history records, whether retrieved from Ill or the state sys#em, far extended periods should only be considered when the time sensitivity of the specific record is important. fib) Vlihen retention of criminal history records, whether retrieved from !ll or the stale system., is no longer required, final disposition will be accomplished in a secure manner in compliance with state law, FCiCENCIC and Ill rules, regulations and operating procedures to preclude unauthorized access. Jan X009 rage 4 of 15 FC1l.E Criminal JusYoe User Agreement (c) Because CI-lRE may become outdated at any time, a current crirnina! history record check should be pertormed whenever GHRI is used or relied upon by the User. Entry or retention of criminal history records in a separate or local database would be incansister-t with tftis principle, and is therefore discouraged. The retention of criminal history records, whether retrieved from 111 or the state system, in a secondary (non-Fb.LE) database is not authorized by law. viii} CRlMfNAL HISTORY TRANSMISSlt~N: Any electronic device that uses wireless or radio technology to transmit voice data may be-used for the transmission of CHR[ only when an officer determines there is .an immediate need far this information to further an investigation or there is a situation affecting the safety of an officer or the public. A facsimile machine may be used to #ransmit criminal history information between criminal justice agencies, provided both agencies have an NCIC Originating Agency Identifier ((~Rl) and are authorized to receive criminal history information. Appropriate measures must be taken to prevent unauthorized viewing or receipt by unauthorized persons ix) E.QGGING: Iwach interface agency accessing FCICINGIC Hot File and 111 systems shall ensure that an automated log is maintained, The Hot File portion of Phis log must be maintained for a minimum of twelve months, and the 111 portion must be maintained far a minimum of four years, (a) Ai~tomafed logging is a feature included in the application software provided by FDLE, and local agencies are encourager! to retain these logs for future reference. Users purchasing ar developing an interface to FCIC must ensure logging is an included feature. (b) The automated transaction log must identify: the operator on all transactions, the agency awthorizing al! transactions, the requester and secondary recipient for all criminal his#ary transactions. This information can be captured at log-on and can be a name, badge number, serial number, or other unique identifier. (c) The E1ser may only disseminate information to another authorized recipient and must maintain a record of any dissemination of state or federal c~iminsl history information. This record will refEect at a minimum: (1 ~ date of release; (2) to wham the information relates; (3) to whom the information was released (4) the State identification (5fD) and/ar the F~1 number(s) and (b) the purpose Jan X009 Page fi of 1fi i=DLE Grittt3nal Justtce User Agreemerrt for which the information was requested. The User must also be able to identify the reason for all III inquiries upon request Pram the FBI .or FDLE. x} _ INFORMATION ACCESS: The User will allow only properly screent?d, authorized personnel performing a criminal justice function who have received proper security training to have access to infnrmation contained within the CJNetf FCICINCIC or other state criminal justice information system files. The User will also provide assistance to n#her criminal justice agencies not equipped with direct FCIC access in compliance with FCICENCIG and III rules, regulations and operating procedures, but only to the extent that such assistance is not otherwise prohibited. (a) The User will ensure that all personnel who inifiate a transaction to the FCIC ll message switch are current in CJIS certiFcation. fib) The User will ensure that persons allowed to complete CJIS certification are at least 1 S years of age- and are U. S. citizens or have a valid. immigration statusfvisa. FDLE reserves the right to aler~y FCIC, C:INet. or related programs/ systems access to any Individual based on valid, articulable concerns for the security and integrity of FCIC, CJNet or related programs! systems. xi} WORKSTATION: FDLE is not responsible for the workstatinn acquisition, maintenance, operation, repair, supplies or workstation operation personnel costs. The User must notify FDLE immediately, should art FGlClNCIC workstation malfunction or became inoperable. Ali costs associated with returning the wortcstatiort to operation, outer than CJiVet costs, will be the User's responsihility_ FDLE will assist with executing trouble-shooing procedures. c. interface Operations: For systems implemented after pecember 31, 21]08, the User will ensure that all automated interfaces that programmatically (i.e., without human intervention) generate transactions to the FCIC II message switch are restricted #o nn more than one transaction per second per interface. 2. AU©ITS: All agencies having access to CJNet, FCIC/NC1C and the 111 data shall permit an FDLE appointed inspection team to conduct inquiries with regard to any allegations or potential security violations, as well as far routine audits. Jars ~(]p9 Page ti of 7& FILE Crlmina~ Justice ttserAgr~rrjent I=DLE conducts regularly scheduled compliance and technical security audits of every agency accessing the CJNet to ensure network security, conformity with state law, and compliance with all applicable I=DLE, CJNet, FCIC/NC1C anal l.ll rules, regulations and operating procedures. Compliance and technical security audits may be conducted at other than regularly scheduled times. 3. TRAINING_ The User is responsible far complying with training requirements established in CJIS Security Policy and the rules, regulations, and policies established by FCICINCIC, 111, F©LE and other CJNet applications. The User is responsible far remaining current in the applications, procedures, and policies and ensuring personnel attend these training sessions. a. QNy operators who have successfully completed CJIS certification shalt be allowed to have unsupervised access to the FCICiNCIC system. b. FCICINCIC operators who are in their initial six months of assignment may be permitted supervised access to FCIClNCIC. Qperators must successfully complete CJIS certification uvfthin six months of appointment nr assignment to duties requiring direct access to 1=CICENCIC. c. The User wil[ require all personnel who initiate a transaction to the FCIC l! message switch to successfully complete CJIS Certification.. The User agrees to remove from 1=~CiC1NClC access any employee whip fails to achieve required certification standards, whose certification has expired, whose certifcate is otherwise rescinded or as directed by FDLE. d. The User will require all information technology (IT) personnel, including any vendor who will in the course of their off~ciai duties initiate a transaction to the FCIC II message swfteh, to successfully complete CJIS certification. e. The User will maintain certification records of alt CJIS cerkified personnel in a curren# status. The User will require all IT personnel, including any vendor, responsible for maintainingisupporting any IT component used to process, store or transmit any unencrypted information to or from the FClC II message switch, to successfully complete the CJIS Online Security Training provided by FDLE. Jan 2008 page 7 of 35 FCJLE Criminal Justiae~Uss1 Ageeement 4. REL.OCATiON: Should the User desire tQ reloc~fie the data circuit~sj andlor equipment connected tta CJNet, the User must provide FDLE written nonce i~0 days in advance of the pro)ecfied rnorre. Alf costs associated with the relocation of the equipment and the data circuit(s), including delays in work order dates, will be borne by User unless I=DLE has funding to make changes without charge. The repair and cost of any damages resulting tram such relocation will be the User's responsiiJi[ity. The User must also pravid$ 94 days advance notice when requesting addifiona! access to FGIC1C,lNet. 5. LIABILITY: The User understands that the f=DLE, its officers, and employees shall not be liable in ar~y claim, demand, action, suit, or proceeding, including, but not limited to, any suit in law ar in equity, far damages by reason of, ar arising out af, any false arrest or imprisonment or for any loss, cost,, expense or damages resulting Pram or arising out of the acts, omissions, or detrimental reliance of the personnel of the User in entering, removing, or relying upon information transmitted through CJNet or in the FCICINGIC and NLETS information systems. 6. CRII-AINAL HISTORY RECORDS: FDLE is authorizer! to establish an intrasta#e automated fingerprint identification system {[APIs) and an intrastate system far the communication of information relating to crimes,. criminals and criminal activity. To support the creation and maintenance tafthe criminal history files, the User, as appropriate, will: a. Provide for inclusion in criminal fiistory records information systems, adult and juvenile criminal fingerprints on all felony arrests; adult criminal fingerprints on a!i misdemeanors and comparable ordinance violation arrests; and juvenile fingerprints on misdemeanor arrests specified at Section 943.51, F.S. The submission of other juvenile misdemeanor arrest fingerprints is optional. b. Provide security far CHRI and systems that process or store CHRI, and security training for personnel who receive, handle or have access to CHRI. c. Screen all personnel who will have direct access to CHRI and reject for employment personnel who have violated ar appear unwilling or incapable of abiding by the requirements outlined in this agreement. d. Defer to F©I_E on any determination as to what purposes qualify far criminal justice- versus nan~criminal justice designation, as well as with respect to other purposes that may be authorized by law. Jan 30tl9 Page 8 of 1S. FbLE Crimina! ,lustioe User Agre~menl e. Pursuant to a signed interagency agreement as authorized by Florida Statutes and/or federal :regulations, the User may share state CHRL Dissemination of information requires compliance with all applicable statutes, FCIC/NC1C and III rules, regulations and operating procedures, including lagging. Agencies must maintain corifidentiakiiy of such record information that is otherwise-exempt from Section 119,A7~1), 1=.5,, as provided by Iaw. f Provide security and establish policies to prevent unauthorized access to or dissemination of sealed reeorcls. SECTION !II SECURITY REQUIREMENTS The User must ensure compliance with the FBI CJIS Serarrity Policy and the rules, regulations, policies and procedures established for CJNet, FCIC/NCIC, Il[ and NLETS, which include but are not lirrtited to System Security, Personnel Security, Physical Security, User Authorization, Technical Security, Dissemination of Infvrma#ian Obtained from the Systems, and Destruction of Records. By accepting access as set faith above, the User agrees tv adhere to the folkowing security policies in order to ensure continuation of that access: 1. PERSONNEL BACKGROUND SCREENING and POLICY FOR DISCiP>`INE' The User is required to conduct a background investigation o~ all personnel who are authorized tv access FCICINCICIIIIICJNetdota or sysi;erns°, IT personnel who maintainlsupport information technology components used to process, transmit ar store unencrypted data to andlar from the 1=C1C ! k message switch, and other personne! accessing ti~dorl<statkon areas that are unescorted by authorized personnel. Good management practices dictate the investigation should be completed pr7ar to employment, but it must, at a minimum, be conducted within the first thirty {30) days of employment or assignment. The User may conduct apreliminary an-line crimina[ justice employment check. Before the background ks completed the fvlfowing requirements must be met: a. The User must submit applicant fingerprints for positive comparison against the state and national criminal. history and for searching of the Hot 1=files. b. If a record of any kind ks found, the User will not permit the operator to have access to the FCICINCIG system nor access warlcstation areas. The User will farmakly notify the FDLE CJiS Systems Officer (C5D) indicating access wi11 be delayed pending review of the criminal hkstary. c. When identification of the applicant has been established by fingerprint comparison and the applicant appears to be a fugitive, have pending criminal charges; Move an arrest history for a felony or serious misdemeantjr* have been found guilty of, regardless of adjudication, or entered a plea of Hole cantendere ar guilty to any felony or serious mksdemeanore or to be under the .3an 2009 Page 9, o4'f$ F"bt,~ Criminal Juste User Agreement supervision of the court, the User will refer the matter to the FUSE GSia for review. d. Applicants who have been found guilty vf, regardless of adjudica#ion, or entered a plea of Halo contendere or guilty to a felony, will generally be denied access to FCICINClC. Far applicants who have been adjudicated guilty of or have had ad}udication withheld on a misdemeanar~ the User will no#ify the CSO of the rnisdemeanor~s) and acknowledge an intent to permit FCIClCJNet access. Access will also generally be denied to any person ul~der court supervision far a criminal offense ar against wham criminal charges are pending. if a determination is made by FDLE that FCIC/NCIC access by the applicant would not be in the public interest, such access wi[I be denied and the User will be nvtilied in writing of the access denial. e. C#nce the original background screening has been completed, if the User learns that a CJJS certified employee has a .criminal history or pending charge(s), the User will first determine if the pending charge(s) or record#+s} adversely affect{s) the employee`s continued emplayment/accesslstatuswlth the User. If the -employee is placed on leave, terminated or denied access to FCIC lay the User, as a result of any pending or unresolved charge{s), the User will notify the CSO of the a.ctian taken. Generally, denial of access, pending satisfactory resolution of any such charge(s), and notification to the CSO of that action, will be deemed sufficient corrective action by the User. if the User determines that no action is required while the charges} are pendir}g ar unresolved; i.e., that the employee will continue #o be allowed access #o FDIC, the User will notify the CSQ and explain i#s rationale for continued access. FDLE reserves the right, as CSA, to deny access to FCIC and associated databases until any such charge{s~ are resolved or the situation is clarified. f. The llser will have a wriften policy far discipline of personnel who access GJNet for purposes that are not authorized, disclose information to unauthorized individuals, or violate FCICINCIC or lil rules, regulations or operating procedures. 2. PHYSICAL SECURITY: The User will determine the perime#er far the physical security of devices that access or provide access to CJN.et. Access shall be limited as to allow completion of required duties, The User must have a written policy that ensures and implements security measures, secures devices that access FCIC/NCiCICJNet and prevents unauthorized use or viewing of information on these devices. The use of screen blanking software with password protection is recommelided for devices that access 1=C1ClNCiC when the operator may leave the computer unsupervised. FDLE reserves the right to object to equipment location, security measures, qualifications and number of personnel who will be accessing FGICINCIC and to suspend ar withhold servrce until such matters are corrected to its reasonable satisfaction. Jan 2fK19 Page. ~tb pf'I~ ~C1L~ Crimlrral J~ssilee User Agn3ernent 3. ADMINISTRATIVE SECURITY: The User must designate individual agency contacts to assist the User and FDLE with the information services covered by this agreement. Training for these positions is provided by FDLE, and the User must ensure that its designee is keenly aware of the duties and responsibilities of each respective position. The User is required to provide FD~E with up-to-date contact information. a;. TERl1~IINAL AGENCY COORRINATOR: Agencies accessing the FDIC/NCIC system must designate a Terminal Agency Coordinator {TAG) to ensure compliance with FCICINCIC and III rules, regulations and operating procedures, and to facilitate communicalton between FDLE and the User. The TAC must maintain a current GJIS Certification. TACs appointed after f'ebruary 2i~~5 must attend TAC training within six {6) months of being assigned to the position. b. INi=ORMATION SECURITY OFFICER: Agencies accessing the FCIClNCIC system andlor the CJNet} must designate an Infarrrmation Security Officer {1S0) to ensure security of the I'CIGINCIC workstations, the connection to CJNet, and any access to the information services provided on CJNet to or by the User. c. CJNet POINT 01= CONTACT: Agencies accessing applications using Public Key Infrastructure {PKI} security certificates an CJNet must designate a Point of Contact {POC}. The POC will receive and approve the issuance and revocation of ~PKI certficates for the User's members. d. FCIC PU13t.EC ACCESS SYSTEIIA (PAS} CONTACT: Agencies making entries into the FCIC Hot Files must designate a PAS Contact. The PAS Contact is responsible for any follow-up activities deemed appropriate by the User in response to tips resulting from the posting of records an the PAS. I=DLE reserves the right to Abject to the Users appointment of a TAC, LAI, CJNet Paint of Contactor ISa based nn valid, articulable concerns for the security and integrity a# FCIC, CJNet or related pragramslsystems. 4. TECHNICAL SECURITY a. Dial-up services to FCIClNCIC and CJNet will be permitted provided the User establishes appropriate security measures to ensure compliance with all rules, regulations, procedures, and the FBl CJIS Security Policy. b. All FCICINCIClIiI data transmitted over any public network segment must be encrypted as required by the i=81 CJ15 Security Policy. This requirement also applies to any private data circuit that is shared with non-criminal justice users andlor is not under the direct security control of a criminal justice agency. Jan 217i?9 Pa6e 19•of i5 ~'DLP Crimlrtal Justice 11~ar Agn9erriertl c. The User must maintain, in current status, and. provide upon request by F[}LE a complete topological drawing, which depicts the User's network configuration as connected to CJNet. This decurner~tation must clearly indicate all network connections, service agencies and interfaces to other inforrnatiGn systems. d. The User will ensure Only authorized criminal justice agencies or agencies authorized by FDLI=are permitted access to the CJNet via the User's CJNet connection. e. The User must ensure all devices with connectivity tc CJNet employ virus protection software and such software shad be maintained in accordance with the software vendor's published updates. f. FCIC and CJNet may only be accessed via computers or interface devices owned by the User or contracted entity. Vendors under contract Frith the User may be allowed access provided alt requirements of the DOJ Security Addendum are complied with and member security training is current. g. The User will ensure that CJNet-only devices have a Windows or network type password to prevent unauthorized access. h. To ensure appropriate security precautions are in place, and upon approval from the FDLE Network Administration staff, the User may employ. wireless network connectivity (for example the 8Q2. ~ 1 wireless networking protocol). 5. COMPUTER SECURITY INCIDENT RESPONSE CAPABIt_ITY:.The User must have a written policy documenting the actions to be taken in response to a possible computer security incident. The policy should include identifying, reporting, investigating and recovery front computer security incidents. The User will immediately notify FDLE of any suspected compromise of the CJNet. 6. PENETRATION TESTING: The User shall allow the FBI andlor FaLE to periodically test the ability to penetrate the GJNet through the externs! netwarlt connection or system. 7. SECURITY AUTHORITY: Afl policies, procedures and operating instructions contained in the FBl CJIS Security Policy and FGICINC}C, III and NLETS documents, operatingmanuals and techr~ica! memoranda, are hereby incorporated into and made a part of this agreement, except to the extent that they are inconsistent herewith or legally superseded by higher authority. 13. CLIENT SOFTWARE LICENSE: The FCIC II Client Software 1;eAgent) license from Diverse Computing, incorporated is located in the Help menu of the eAgent client software. The FCIC 11 Client Software (eAgent) license is made a part of and incorporated by reference into this User Agreement and shall be binding on the User upon acceptance Gf the software. Jan 2D09 Page 92 nt 15 Fp~E criminaf Justice UserAgreemenf 9, PRIVATE VENDORS. Private vendors which, under contract with the User, are permitted access to infarma#iQn systems that process FCICINCIClHf data, shalt abide by aCl aspects of the FBI CJIS Security Addendum. The contract between the User and- the vendor will incorporate the Security Addendum to ensure adequate security of FCICINCIC/II! data. The User wilt maintain the Security Addendum Certification farm far each member .of the vendor staff with access to information systems that process FCiClNClCllll data, Private vendors permitted such access should be aware of the provisions of s. $17.5689, regarding breach of security of persona! informs#ian. 9t). PASSWQRQS: The User will ensure that all personnel who initiate a transaction to the FC1C Il message switch have a separate and distinct password far the software~nterface used to initiate the transaction. The User will ensure that aN interfaces with the FCIC Il message switch, operated by the User, fallow the password requirernen#s as outlined in the FBI CJiS Security Policy. 9 9. INDNIDUAL USER ACCESS: The User will deactivate individual user access to eAgent andfor other FC1C interfaces, other CJNet applications, artd FBi I_aw Enforcement 4n-line (LEfl), upon separation, reassignment or termination of duties, provide individual user access is no longer required far the administration of criminal justice. - SECTION IV II111SCELLANEDUS REQUIREMENTS FDLE has received funding from the United States Department of Justice and is subject to and must demand intrastate users of its criminal history recorr# services adhere to US Code (28 U.S.C. section 534), State Statute (Chapter 943 F.S.), Code of Federal Regulations (28 C.F.R. Part ~0}, Florida Administrative Code (Chapter 99G6, i=.A.C.), FCICINCIC and ]ll rules, regulations and operating procsdunes which this agreement inporporates both present and future. 2. PENALTIES AND LIABfLITIES: Any non-compliance with the terms of this Agreement concerning the use and- dissemination of criminal history 'information may subject the User`s officers or employees to a tine not to exceed $~ 9.,000 as provided far in the Code of i"edera! Regulations, Title 28, Section 2Q.25, andlor discontinuance of service, Moreover, certain offenses against system security and the information contained therein are crimes under Florida Statutes and can result in criminal prosecutinrt. 3. PRQVISIflNS INCC3I~PORAT~D: The User shall be bound by applicable federal and state laws, federal regulations and the rules of FDLE to the same extent that the User would be if such provisions were fully set ou# herein. Moreover, this Agreement incorporates both present and future law, regulations and rules. 4. TERMINATIQN: Either party may terminate this Agreement, with arwithaut cause, upon providing advanced written notice of 45 days- Termination for cause includes, but is not limited to, any change in the law that affects either party`s ,tan 20f}9 page 'i3 nt 15 FC]LE: ~riminat Justine fJser Agreement ability to substantially pertorn-i as originally provided in this Agreement. Should the aforementioned circumstances arise, either party may terminate ar modify the Agreement accordingly. FDLE reserves the right to terminate service, without notice, upon preserita#ion of reasonable and credible evidence that the User is violating this Agreement or any pertinent federal or state law, regulation ar rule. 5. MODlF1CATIONS: Modifications to the provisions in this Agreement shall be valid only through execution of a forma! Agreement amendment. ~_ ACCOUNTABILITY: To the extent provided by the laws of Florida, the User agrees to be responsible'far ~e negligent acts ar omissions of its personnel arising acit of or involving any information contained in, received from, entered iota ar through CJNet, FCICINCIC, 111 and NIrETS. 7. ACKNOVifLEDGEMENT: The User hereby ackrowledges the duties and responsibilities as set out in this Agreement. The User acknowledges that these duties and responsibilities have been developed and approved by FDl_E to ensure the reliability, confidentiality, completeness, and accuracy of all records contained in or obtained by means of the CJNet, including the FCIC/NCIC System. The User further acknowledges that failure to comply with these duties and responsibilities wtll subject its access tQ various sanctions as approved by the FBI Criminal Justice Information Services Advisory Policy Beard. These sanctions may include termination of NCIC services to tfie User. The User may appeal these sanctions through the CSA. 8. TERM OF AGREEMENT' This agreement will remain in farce until it is determined by FDLE that'a new agreement is required. The User should 'initiate the execution of a new agreement when a change of agency chief executive occurs. Jan 3b09 F'ag~ 14 a# 15 ~tF Criminal Justice lJser Agreement IN WITNESS HEREQF, the parties here#a have caused #hls agreement tv he executed by the proper afl'icers and officials, _ NAME 01= THE USER DELRAY BEACA POLICE DEPARTMENT' USER CHIEF EXECUTfVE Anthony W. Strianese TITLE Chief of Police (Pt.EASE PRINT) {SIGNATURE) DATE L~Ii~iT~ TITLE IrLORIDA DEPARTMENT OF LAW ENFORCEMENT BY TITLE {PLEASE PRINT) (SIGNATURE] DATE WETNESS TITLE -Jan 2iY~9 Pa6e 45 of 13 MEMORANDUM TO: Mayor and City Commissioners FROM: .lasmin Allen, Planner Paul Dorling, AICP, Director of Planning and Zoning THROUGH: David T. Harden, City Manager DATE: December 30, 2009 SUBJECT: AGENDA ITEM 8.I. -REGULAR COMMISSION MEETING OF ANUARY 5, 2(310 REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS ITEM BEFORE COMMISSION The action requested of the City Corninission is review of appealable actions which were taken by various Boards during the period of December 7, 2009 through December 31, 2009. BACKGROUND This is the method of informing the City Commission of the land use actions, taken by designated Boards, which may be appealed to the City Commission. After this meeting, the appeal period shall expire (unless the 10 day appeal period has not occurred}. Section 2.4.7(E), Appeals, of the LDRs applies. In summary, it provides that the City Commission hears appeals of actions taken by an approving Board. It also provides that the City Commission may file an appeal. To do so: . The item must be raised by a Commission member. . By motion, an action must be taken to place the item on the next meeting of the Commission as an appealed item. REVIEW BY OTHERS Plannin and Zonin Board Meetin of December 21 2009 No appealable items were considered by the Planning and Zoning Board. The followixtg items which were considered by the Board will be forwarded to the City Commission far action. A. Recommended approval (6 to 0, Cary Glickstein absent), of a conditional use request to allow the construction of a 544 square foot building on the west side of the existing structure to be utilized as an enclosed paint booth for Europcar, located an the south side of SE 4th Street, west of the FEC Railroad. Concurrently, the Board recommended approving a waiver to LDR Section 4.4.13{F)(1}(a), which requires a minimum of building height of 25 feet. B. Recommended approval (6 to 0), of a 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. C. Recommended approval (6 to 0}, of a modification to Midtown Delray SAD (Special Activities District) Ordinance 46-07 and an amendment to LDR Section 4.4.25 "Special Activities District (SAD), Subsection (G} "SAD's" to add an additional 1,088 sq. ft. to a 29,780 sq. ft. medical office building for a total of 30,868 sq. ft. for the Midtown Medical Building, located at the southwest corner of Linton Boulevard and Old Germantown Road. D. Recommended approval (4 to 2, Al Jaquet and Deborah Dowd dissenting), of a conditional use to allow establishment of a scrap metal recycling operation within a 2,450 square foot tenant bay, to be completely contained in an enclosed building, located at 725 SW 16th' Ave., Bay #6, south of SW 7d' Street between SW 15tk' and SW 16t~' Avenues. E. Recommended approval (6 to 0), of a City initiated amendment to the Land Development Regulations Section 2.4.7(G), "Requests for Reasonable Accommodation", to provide clarification with respect to information requested on the "Request Form for Reasonable Accommodation." Site Plan Review and Appearance Board Meeting of December 9, 2009 1. Approved (6 to 0, Jerome Sanzone absent), a Class 1 site plan modification and architectural elevation plan associated with a color change and the installation of decorative overhead doors for the service write-up building at the Kia Dealership, located on the east side of South Federal Highway, south of Linton Boulevard (2255 South Federal Highway). 2. Approved with conditions (6 to 0), a Class Il site plan modification associated with the installation of temporary trailers in conjunction with the proposed remodeling of the clubhouse at Delaire Country Club, located on the south side of Live Oak Boulevard and east of White Cedar Lane (4645 White Cedar Lane). 3. Approved with conditions (6 to 0), a Class 1II site plan modification, associated with the conversion of an 800 sq. ft. office bay to a retail use to accommodate a bakery for Chrissy's Sweet Treats, located at the southeast corner of SE tad Street and SE 5tt' Avenue (201 SE tad Street). 4. Approved with conditions (6 to 0), a twenty-four (24) month extension (expiring January 2S, 2012) for Atlantic Shores, a proposed multi-family development, located) on the west side of SE tad Avenue, south of SE 1st Street. 5. Approved (5 to 1, James Barsos dissenting) atwenty-foux {24) month extension (expiring December 14, 2011) far the House of Floors, a proposed industrial building, located on the south side of SW lOt~' Street, between SW 9d' Avenue and SW 10t~ Avenue. Site Plan Review and Ap earance Board Meetin of December 30 2009 6. Approved (4 to 0, Shane Ames, George Brewex, and Mark Gregory absent), a request for a color change for Barclay House, an existing multi-family structure located at 715 NE lst Court. 7. Approved (4 to 0), the request for reconsideration of the conditions of approval (from the November 11, 2009 SPRAB meeting) for the Village at Delray 192-unit residential development. The property is located on the east side of Auburn Avenue between SW 7th Street to the south and Auburn Drive to the north (628 Auburn Circle West). RECOMMENDATION By motion, receive and file this report. ~~ ~~~~ ~° ~ ~'G~TY C~MMIS~~ON MEET~N~' _~~_ ~_~ _ ~, ~~~, ~ .__~~_ ~_ ~~, N 1 -~- ~~ ~~ ' JANUARY 5, 20~ 0 _ ~ ', Pi~uaNllac ago zoNinlc ~~~~~~ ~ LC}CATIQN MAP ,-:, ~ ~,~~~, ~: ©E~,aR~~r~~r SPP,A~ 1. KIADEALE~'SHIP 4. ATLAPJTICSHOP,ES r. VILI..AGEA7"DELRAY ?. C}EL AIRS CoUN7RY CLUB 5. HOUSE OF FLQC}RS :~. CHRISS~''S Si~b'E~ET TREATS U. f~'ARCLAYNOUSE -- OlG1rAL &ASE MAP SYSTEM -- MAP REF: S:\Planning & Zoning\DBMS\File-Cab\CC-DOC\1-5-'E4 MEMORANDUM TO: Mayor and City Commissioners FROM: Carolanne Kucmerowski, Construction Management Technician Richard C. Hasko P.E., Environmental Services Director THROUGH: David T. Harden, City Manager DATE: December 18, 2009 SUB7ECT: AGENDA ITEM 8..1.1 -REGULAR COMMISSION MEETING OF .1ANUARY 5,_2010 CONTRACT AWARD/AMERICAN LIGATINGMAINT., INC./MILLER PARK PROYECT #2006-052 ITEM BEFORE COMMISSION This item is before the Coxnznission to approve a Contract Award to American Lighting Maint, Inc. in the amount of $15,350.00 for the installation of three (3) scoreboards at Millex Park, Project #2006-052. BACKGROUND The Miller Park Project included the relocation of an existing scoreboard; it did not include the installation of three (3) additional new scoreboards. The scoreboards are owner supplied and are currently being stored at the Parks Maintenance Building, awaiting approval for installation. Three quotes are attached as follows: West Construction, the current contractor for the Miller Park Project, in the amount of $28,353.65; Gulfstream Sports Group in the amount of $15,705.00; and American Lighting Maint., Inc. in the amount of $1.5,350.00. FUNDING SOURCE Funding is available from 334-4173-572-6390 {General Construction Fund/Miller Park/Other Improvements) aftex budget transfer. RECOMMENDATION Staff recommends approval of a Contract Award to American Lighting Maint, Inc. in the amount of $15,350.04 for the installation of three (3) scoreboards at Miller Paxk. America] Lighting Maint., Inc. 674 NE Owi's Nest CoYlrt Fart Saint Lucie, l~T., 34983 Phone: (561) 689-4854 Fay: (77'2) 4$9-7665 1ilY ~(1f)f1f17Z7 I NAME 1A13bFtES8 ~ Dclray I3a~a1~ PARKS AND TiI3CItBATION S4N1V LSTAVL~ - DRGRAY BL~ACIi, PT.A. 33444 56I~243.7255 ~3~~~~~~`! ~~~~~~~~ f7ATi; ~9TiiV1ATE # 8/I7i2449 7855-C TERMS 1~UE DATE ARQJECT Dae On Con~ptciion 8lI7/2©Q4 D~SCF21PT10N QTY COST 'f03•Al_ MILLIIR PARK; INSTALL (3} CITY SUI'I'~.II3T3 S' ~ l0` ©.t16 SCOREI3OAItDS. ~C.IRNTSH AND ~NSTAt.L {2)14" X 1~"'X 28' PItk~TIiESSBI] CONCRI3T~ COLiTNfI~S AT l3ACtS SCQI~BOAItT7 X.CICAT~QN.. . . TOTAL OF (6) CC}LCIMNS AT (3) ~.OCATIflIVS, AS S~OVVN ON ~ CONSTRi7GTI0~TPI..ANS. SITISL{IGATIONSIJIt'VRY,~IF ' ItBQU'II~D, I3'~' OTHLk2S. . ATJQER b~t'H OF kIOLF TO STRIICTC7i~AC. k3NCrIN>r~T2tt~TG SPBCII~ICATI{?NS. STTtCJCTI1ItAf.I3TICIII+FLI3It1NGPl~4'V~DEi} ]3Y Ti:]IS CONTRACTOIL PLAC)x }?ACH COX,i3MN IN AC9CLRLD FIOS~R, PLUMB ~ACI~ COLUMIIT, I3ACK 1~ILTr ~'~ITH RKCAYATLD BAIiTI3 MAT~ItTAl.S iN t" ~,I~*TS, COMPACTI?ACH ~.II~T: ItIiMOVFsAND DTSPOSB OIt TVXCI~SS DL~>3ItIS PROM SITE. SECUTt~ {3) CIiTY OWNIaI3 S X 14' SGOREBOARDS I~IZgM CTI'Y bidl'(?T, Dz3LIVI3It To BITB ANb MOUNT TO N~'3W - CONC i ~ COL03vINS. MQUNTING k~A;',tD\VAIZI; INCI;UDL~D, NO PEB I~>SI2Ml'I` II~GI:.I3D13b. 'T'OTAL PoR ABO'~B. ? C~ItN IU3Y. ! I5,350.4U ]5,350.44 'xI;I~I~+IS: 5~°IoI~E~'OSl'1'{$7G75.0t3) W~[T.[-~Oltb~slt. IIIAI..t~idCk3 {$'1675.04) UPON C43MFLRTION/ FINAL II~SPBCTIObI. 'ITIANK Y'O'()' , GB GI; C. 'I`URI3NN1~ k'ItI3S. TOTAL a4 $I5,3so. ~U~~~~t>z s~~rts Group 6278 N ]Feder H~tvy ~J~QS pt. Leuderc~ale,1'L, 3~3p8 i~lame J Address City of Delray J3caalt cTq 1'ooa I{wiatak Miif erPark Scoreboard Instalfatioa ~~ot~ Date Eslimata # 7/30!2049 l©61 { protect ~ i3escriptlah Struotucai instatlsHnn forp`eir-i'fayBA=I104 baseba{Ilsoflbalt scombnards Instailstian inolndes: Stamped scaled dravVirrsa FrOnr a shuateral engineer !!caused by die State o£I~lorida (per id0 Ivii'II Code) - Provide and set two suplsorts per scorehaard per tU.e shove dm~-gs -Mount c~rstomcr provided seor~ebaards to above suppcrts_ Includes mn3urtin0 hardware - Auger and crane - Xaba;r ~~CCt.iISIt71rIS: burs icf the auImown underground stall tluee installation locrctions (duo to the fields being located on a landf itl), the above ~uoto does N4T lnalnde addilianal fill, rock, etc if rer~ired at Nme of drilling Ail olaotrieui by others (fly Cast 55.04 i'ntai 1.5,705.©0©d 3 $ubtctt2l{ Sales T~ix (0.~o/a} TofaN I'a~e 4 n~nl~a KunT~ . Ch~r~c~E~ F r~p~s~! R~~ues'f ~GPR) Pr~jeet Intont~aHon G3tan{lo l~raposal Request Praject#t 0>i-9031 CPRt# 0'17 i'tHca Mt1.1.1;Ct WACZK iMt'12OV~M~N7S - RE=i1~,4Y ' issue Hate dttl Q3, 20tt0 t3t+ ACH Address 9SFOti SW 4TI-t fiVEAiIl~ t3uhjeci testa## only 3 additional City, State, Ztp 33444 scorebetrrds prlrnn CuntrBGt Company - Cpntact ChristophsrGe~pria Company Wf=ST GONS'I'FtE1CTtUN, INC. Adctrsas 318 SOUTH 13f?(i~ tivvY. SUiTh A & s City, Sfafe, Zip 33AGfl t=Itan6 581-5Dt3 2027 p8x 9-£ti9-5$2-8410 Owner Contact Re1ee16al1esEaros Company CITY Of= Illil.FiAAY p~ACH Address 434 S. S~+rinton Avanua Ckty, StalQ, hilt 334Ad - f'hastir 5h9-249-73Qi7 1:Ax 56f•243~7314 peaaript#on of ttra pr4pasacl altanpa: famish an~ineering and foster repo#rerrtsnts far 3 atiditianai scarsbaards supplfed fay owner. #natall 3 addltionat scoreboards supplfed by owner. Tlet Art-aunt of Ibis l~roppsed Change: 9 353.s. The Contract Tune due #n this Change Proposal Request has Innrsased by 4 WQricirtg oaye 'Chas daeument, when fuliyexe~#ec# as accepted, strait eana#ilttte aufharizaifnn to proceed w8h the wwkdeanripet# trerain. Submitted i3y T Respans®: ©Accept ~ I?cr t4a1 Acaent GbNS R G IflN C. CITY pF ttPl_RAY t3EAGH -.~... Company Gnmpat'iY g ~._.~, ~........ Da#o sy flats y Campany Finartciai and 6ehedt~le Impact oetaiis . f • ~' • ~ f 9 Fsrnish angiaaering and insiail 3 addktinnai score refs supplfed by 1 LS ~ ti,T_'1+1.00 25,274.#?() owner. 2 r8m4vaE of excavated urrsuitxbfe maietiai fr )not fog silailon ~ (.S 120f1.tlQ 120().00 3 OH&P 9 t.S 4 323.70 1323.70 4 13nnd 1 LS X55.95 $555.90 vrr< rn rtsi i4~ai +n~}fau~ ...pcv,auo.yu f'if'e: Ghatt,go Orator fits 7!3/p9 ~e 9 ofd MEMORANDUM TO: Mayor and City Commissioners FROM: Linda Karch, Director of Parks and Recreation THROUGH: David Harden, City Manager DATE: December 1, 2009 SUBJECT: AGENDA ITEM 8.L2 -REGULAR COMMISSION MEETING OF .IANUARY 5, 2010 CONTRACT AWARDIA & A ASSOCIATES ITEM BEFORE COMMISSION Request approval to accept an agreement between the City of Delray Beach and A & A Associates for security service at Pompey Park from February, 2010 to September, 2010. BACKGROUND Attached for your review are three (3) quotes for security service at Pompey Park: Marill Security Services (our current provider), A&A Associates, and Wackenhut Corporation. The security guard service will provide security service 6 hours per day Monday-Friday for a total of 30 hours per week. A & A Associates provided the lowest cost proposal. The day to day responsibility of providing security for Pompey Park requires patrolling the park and being proactive in identifying potential problems. It requires interaction with both youth and adults who utilize the park on a daily basis. A & A Associates proposed $16.50 per hour, Marill Security Services $17.75 per hour, and Wackenhut Corporation $20.00 per hour. Although happy with our current provider, we have decided to go with the lowest bidder A & A Associates. A & A Associates meets ail the requirements necessary to adequately secure the site. The total estimated cost for the remainder of the FY 09-10 (8 months) is $15,844.44. FClNDING SOURCE Funding is available from account #001-4127-572-31.94 (Other Professional Services). RECOMMENDATION Parks and Recreation recommends approval of an agreement with A & A Associates to provide security at Pompey Park. A. A ~ll~~~~~~~~~ Quality in Everything We Do November 11, 20309 Mr. David Ricks Pompey Park - City of Delray Beach Parks & Recreation 1101 NIN' 2nd Street Delray Beach, FEarida Subject: Security Officer Patrolling Proposal far Pompey Park Dear Mr. David Ricks: A & Associates lnt, Enc.{A & A Security) is pleased to submit a response to the subject solicitation. A & A Security has more than ten (1 ~) years experience providing armed and unarmed private security guard services. Experience includes fire watches and emergency summons with The Sehaol District of Palm Beach County, entry access with residential communities, and equipment protection at construction sites. With plenty of experience in the security guard business, A&A Security's management team has gathered the knowledge to prarnptly evaluate your security and safety desires, foresee troubles prior to the or~urrence and employ only thane security procedures that apply to your specific circumstances. Security services through A&A Security are guaranteed exceptional security guard services. We put your security arrangements into action without wasting time, money or manpower. A&A Security supplies the security you need with proficiently qualified, accountable, administered security staff who execute the functions you expect in a professional approach. A & A Security is properly licensed and has general liability, automobile, workers compensation, and professional insurance coverage meeting the City of Delray Beach Parks & Recreation requir-ements. Authorized Company Administrators are: Ms. Shartyn Davis Cell (561 } 319-1478 OfFice [561 } 5336303 Fax (5fi1) 533-3858 Email: sharlynCg~associatestaffinq.com Please do not hesit~'to contact me in our office at [561) 533-53n3 v+rith any questions ar request for adc~i~nal information. ly Y a a ~C~S~~~A~~~~~~ Qur~iity in EverytfCing Vlle Do --- -- 8144 Qkeechobee Boulevard Ste B West Palm Beach, FL 33411.2004 Phone: ~5G1) 533-5303 Facsimile: X581) 5333858 SECURITY SERVICE AGREEIIIIENT This agreement made this 11th da of November 2009 between A & Associates lnt,lnc. ("A&A Security"), Of 8'!44 Okeechobee Boulevard, Suite B, i111est Palm Beach, FL 33411 and C' of Delra Beach Parks & Recreation De t. A&A Security agrees to provide client with one (1} uniformed unarmed Security OfFcer at P, ompey Park, located at 1101 NW 2"~ Street. Delray Beach. 33444,. The daily schedule of the guard starts as late as December 9_, 2009. The guard hours are eight {8) hours a day Monday Friday, hours of 1:00 PM to 9:00 RM. This sentice~continues till December 1, 2011 or until one hundred eighty (18t?) days written notice by client for cause or without cause. The service may be extended and the schedule for guard hours may be changed upon approval of Contactor and Client. RATESf Client agrees to pay A&A Security $1G.50 per hour for unarmed guard service plus all applicable sales, use and similar taxes. An overtime rate a# time-and-one-half will apply for work on the fallowing holidays: New Years Day, Memorial Day, Independence Day, labor Day, Thanksgiving Day, and Christmas Day. If coverage is required for labor disturbances, strikes, acts of God or civil disorders, rates of such coverage will be negotiated separately. An annual increase shelf be determined by the Southeastern Consumer Price index and have a maximum of three percent (3%) per year. PAYMENT of invoice will be mailed or delivered to Client week] and are due and payable without offset. Any dispute of claim regarding invoice (s} or the services must be sent in writing to A&A Security within seven (7) days from the invoice date stating the nature of the dispute and all supporting documentation ar it will be deemed waived. A sate fee of 1 and 1~ percent per month will be charged for invoices not paid within thirty (30} days. Client agrees to pay all collection cost on an overdue invoice (s}. INSURANCE: A&A Security warrants that it has a comprehensive program of insurance. Client acknowledges that A&A Security is not an insurer; that the amounts payable hereunder by client are not based upon the value of services offered and the scope of [lability undertaken, and such amounts are not related #o the value of the Client's interest protected or of Client's property or the property of others located in or about Glient's premises. Accordingly, A&A Security-makes no warranty, express or implied, that the services it furnishes will avert ar prevent occurrences, or the consequences there from, which may result in foss yr damage and Client agrees to make no deduction or offset far losses against any invoices due A&A Security. ATTdRNEY'S FEES: In connection with any litigation including appellate proceedings arising out of this Agreement, each party shall pay its reasonable attorney's fees and costs. Page 1 of 2 PROVISION OF EMPLOYMENT: During the term of this Agreement and for a period of one (1) year after the termination of this Agreement, the Client shall not, directly or indirectly, employ any person employed by A&A Security who was assigned to the Client's premises. Accordingly, far each breach of this provision (per employee) the client sha11 pay $45Qg.OQ to A&A Security as liquidated damages, and not as a penalty. VENUE: This Agreement should be construed under and in accordance with the laws of the State of Florida. Any legal proceeding arising from this Agreement shall be brought only in court of competent jurisdiction in Palm Beach Count Florida. ~.IABILiTY: The services provided under this Agreement are solely far the benefit of the Client. lf, at Ciient's request, A&A Security`s employees take duties other than those agreed to by A&A Security, Client shag be solely responsible for and defend Contactor against any claims, losses or other expenses arising there from. TERMINATION: Both A&A Security and Client shall have the right to terminate the contract for any reason (without cause) with one hundred eighty {1 $g) days notice, at na penalty. Bath A&A Security and Client shall have the right to terminate the contract for an uncured breach of any other contract term, so fang that the breaching party has had an opportunit)+ to cure the breach within thirty ~3~) days of receipt of written notice of such breach. ENTIRE AGREEMENT: This Agreement constitutes the only agreement between parties and cannot be modified except in writing signed by bath parties. AGREED ANn ACCEPTED A & Associates Irltemational, Inc. City of Delray Beach Prks & Rec 8144 Okeecvd, Suite B 1101 NItV 2"~ Street West Palr~f Bea~h~, L 33411 Defray Beach, FL 33444 Print pate: Signature: ~~~ Print Name: Date: Page 2 of 2 Mr, David Ricks City of Delray Beach Pompey Park 11(11 NW z"d Street Delray Beach, Florida 33444 Dear Client: This letter Is in reference to providing Security Services far 7'he City of Delray Bench Parks and Recreation at Pnrn~vey Park._ Marill Security Services state license # B98pp©94 has the pleasure of submitting the following job order for the ptcrposes of invoicing and maintaining the Security Services currently 6eing provitlett. Marill Security Services will provide an Unarmed Security Officer to assist Parks and Recreation stuff to enforce rules. The current hours and ways of coverage are Monday through I'riday, 8 hours par day far a total of 40 hours per week. The cost of this coverage is $17.75 per Twur, plus applicable Florida State Saks Tax. .In using Marill Security Services as your,Security canaractor, you will quickly discover the exceptional quality of the services we offer, plus the high caliber of our Security Officers, Marill Security Services carries all required insurance coverages including Worker's Compensation, General Liability, and ~iutomabtle Liability. Marill Security Supervisors in fully marked units will perform routine patrols through the property to ensure maximum coverage. We take great care in the selection and training of our Security personnel and then support them with our concerned supervisors who daily visit and check all our clients to insure a consistency of quality security. Your interest in Marill Security Services !s appreciated Sincerely, ~~ ~ ~~~ Douglas ~ Marill Executive Vice President Rttachment: Terms c4~ Conditions Acknowledged by.• Date Date of Commencement Janua l'°` ~f110 z~~~vrs ~.~~ ~o.~vrTroNS~ 1. Oar billed hourly rates Include alt fixed costs (excluding Florida Sales Tax). Overtime charges are only applicable when specif tally requested by client, or• where client has requested a security officer to re»zain on duty in excess of scheduled hours. If client chooses not to pay overtime charges we reserve the right to schedule another a~cer for that sh ft so that overtime charges are not incurred If a speck secrsrlty officer is requested by the client to work over (4(1) forty hours, the client will be billed overtime for that specific Security Officer, at a rate of one and one half times the hourly rate charged. 2. The hourly rats covers all overhead, un forms radios, patrol cars and any other items specified in our contract. Should any other item of equipment be required, it can be incorporated at an increase in the hourly rate. However, f equipment is supplied by client for our personnel to use such as a golf cart etc. the client is fully responsible far all repairs. Marill Security Services will n.ot be responsible for any repairs to that property. Marill Security Services will not 6e responsible for airy stolerx items or losses of any kind The client understands that 1Vlarill Security Services Officers are a deterrent only and that it is the client's responsibility to do a full daily inventory in order to minimize losses. The Security Officer must acknowledge and sign that adl items are present and accounted' for when he goes on duty. To minimize arty losses to you, a copy must be faxed to our office and acknowledged by a supervisor to help minimize losses. Marlll will net be responsible for any losses or damage of any kind 3. In the event of an increase in the minimum wage pr•ovicfed under State or Federal Wage and .Flour haws, while this agreement is in effect, the parties agree that this agreement will be renegotiated at the request of Marill Security Services for the purpose of complying with the mandated incease in the cost of services. ~l. Officially approved statrstory holidays: New dears Day, Memorial Day, Independence Day, Labor Day, Thanksgiving bay and Christmas Day, will be billed at time and a half for those Officers working. S. The rates in our proposal will remain in effect far nne yetrr from the acceptance date of the proposal At the end of this agreement, we will renegotiate these rates v~Ith you to reflect a minimum of a S% increase an the cost of diving; goods, merit raises and services rendered. 6. The client is free to increase the hours of coverage or to upgrade Security Officers at any time. Reducing coverage will result in. an extra charge. 7. This contract shall cover a period of one year from the date of commencement. However, to allow for greater flexibility, client andlor tllarill Security Services may terminate this agreement with a 60 day written notice. &, Marill ,Security Services invoices will be rendered weekly and are due net bi-weekly. We charge I.S°lo per month on all accounts 30 days overdue. Provided the client is past due, Marill Security Services reserves the right to immediately terminate our services without notice, and monies due will be billed up to (60) days from the effective date o. f termination. 9. By accepting the proposal of Marill Security Services it is agreed that the client or airy related entity of the client will not offer directly or indirectly, arty employment or offers of employment to any employee of Marill Security Services during the life of the contract or far one year af3er the cessation of the contract. In the event of any breach by the client of this condition of the agreement, the client shall pay to Marill Security Services the sum of Two T7aausand Five Hundred Dollars ($2,SOa,00J per person cis liquidated damage Page I of 2 T.ERIY.IS AND CONDTT~'ONS (CON'T) f ©. The guards furnished by Marill Security Services shall perform such duties as agreed upon by Marill Security Services and the client. It is understood that the guard shall be, and remain, an employee of Marill Security Services and that Marill Security Services shall be responsible for the hiring training, and supervision of all such employees. However, notwithstanding the foregoing, if the client altars any instructions or directionv given to the guard by Marill Security Services or if the client assumes any supervision of said guard the client shall be solely Iiable far any and all consequences. II, The client acknowledges that the client alone has chosen the number of guards and type ofservice to be provided herein, and that MarilC Security Services has informed the client that additional guards and service are available froth lvlarill Security Services at an additional cost to the client and that the client has elected not to request additional guards and services. I2. Arry and all property, equipment, supplies, apparatus, etc. furnished by Marill Security Services hereunder andplaced at ar on arTy of the client's property, shall remain the properly of Marill Security Services and Marill Security Services shall at al! times during and after the term of this agreement, have the sole anti exclusive right to install, maintain, replace, and remove said property, equipment, supplies and apparatus. I3. It is understood and agreed by and between the parties that Marill Security ,Services is not an insurer. Insurance, if arty, shall be obtained by the cir'ent. Marill Security Services is being paid hereunder for onsite security designed to deter certain risks of Ioss, including but not limited to thef, vandalism, fire, ,~looc~ etc, and that all amounts being charged hereunder by Marill Security Services are not sufficient to guarantee that a loss will not occur. The client expressly understands and agrees that Marill Security Services is not responsible for any loss that the client, its agents or assigns may incur. l ~. Unless earlier terminated by either party, this contract shall be automatically renewed for the following year. 1$, The entire agreement of the parties is expressed herein, and no verbal understandings, agreements, purchase orders, work orders or other documents shall alter, change, or modem the terms and conditions of this agreement, unless in writing and signed by both. parties. 16. It is agreed by and behveen Marill Security Services, and the client that if any terms or conditions of this agreement shall be determined to be invalid or inoperative, all the remaining terms anal conditions shall remain in full ford and ef~"ect. The parties hereto have executed this filgr'eement as of the day and the year written- Authorized Signature Date: Title Page 2 of 2 a Wackenhut Mr. David Ricks Site Supervisor Gity of Delray Beach Pompey Park 17Q7 NW 2nd Street Qelray Beach, ~L 33444 Dear Mr. Ricks: The Wackenhut Corporation 959 Broken Sound f'arkuray, IVW Suite 35© Boca Raton, FL 33487 _ Telephone: 569 994 6358 Fax: 561 994 6835 Cell: 569 676 3345 September 3, 21109 blevlne@wackenhut.g4s.cam Thank you for thinking of us by your invitation to submit our proposal to provide Golf Cart Patrol services at Pompey Park. I appreciate your frankness during our phone tail and 1 am confident that you will be pleased with the enclosed package. We are providing an Unarmed Custom Protection OfticerTp^ level to provide the service given the Level of security coverage required at the site. Be advised that fhe price is the same for armed or unarmed for the "CP4." This level of officer was created in 7988 in response to our clients who were seeking an alternative to high cost contract law enforcement and whose security needs were far greater than the typical "night watchman" which symbolizes the security industry. This program has been a major success since its inception. Our Custom Protection OfficersT"' are hired, screened and trained by criteria that exceed industry standards_ These standards are clearly defined in the pages that follow and leave no doubt of our commitment to provide quality service to our client base. In order to attract and retain the type of Officers we seek, we provide them wi#h excellent wages and a benefit package. These measures keep our retention ra#es much higher than the industry norm and provides for a more stable security program at our client sites. In addition, your project will be supported by an experienced management team that will respond to your security issues in a timely manner. This support includes frequent randorrr visits by our Raad Supervision. 1 am confident That after your evaluation of our proposal, it will be clear that out of 1 D4 area security companies, that G4S Wackenhut is the best security company fior 103 reasons fio help you achieve your security goals_ if you have any questions, please feel tree to tail me at 561-676-3345. Sincerely, Barbara Levine Manager, Business Development Palm BeacheslTreasure Coast Securing Your world Can~icEential, Prapr~~tary, CotnmertteE or ~Inancial Information VOla~ke~hut CITY QF DELRAY BEACH UNARMED CUSTOM PR~TECTIQN UFFIGER~ 4Q $2D.D0 $8DD.DD $41,6DD.DD 1 PM ~ 9 PM - MON-FRIDAY 11-Mataroia Hand-Held Radio with Panic 1,©. I I 1 I Nc _ _ 1 C3VERTIM~ RAT1=S POR SPACIAL ~V~NTS I I I I $30A0 I [ SEE PROPQSAL NQTBS f~N NEXT PAGE _ _ _l MEMORANDUM TO: Mayor and City Commissionexs FROM: Victor Majtenyi; Deputy Director of Public Utilities Richard C. Hasko, P.E.; Director of Environmentl Services Department THROUGH: David Harden; City Manager DATE: December 7, 2009 SUBJECT: AGENDA ITEM 8.1.3 -REGULAR COMMISSION MEETING OF JANUARY 5, 2010 CONTRACT AWARD/POWER-TEL UTILITY PRODUCTS INC. ITEM BEFORE COMMISSION Approve an award to Power-Tel Utility Products, Inc. in the amount of $24,694.00 for the purchase of a ground penetrating locator system as satisfaction of penalties for the accidental release of wastewater from Lift Station #18's force main (located on Andrews Avenue near Lowry Street) on June 2, 2009. BACKGROUND In April 2009, the City awarded a contract to Downrite Engineering, Inc. to construct the reclaimed water transmission and distribution system on the City's Barrier Island, fxozn Atlantic Avenue north to Beach Drive. On June 2nd, 2009, during the one of the directional drill operations, the existing 10" force main from Lift Station #18 (located near Lowry Street) was pierced, releasing an estimated 50,000 gallons of wastewater. A review of the incident on August 19tt`, 2009 by Florida Department of Environmental Protection (FDEP) concluded that the City was liable due to not thoroughly locating its utilities. Subsequent to the meeting, the Department issued a letter dated September 22"d, 2009 to the City for a Proposed Settlement. Total civil penalties assessed the City was $10,500 ($10,000 penalty, plus $500 administrative fee), however, the City had the option of proposing and completing an in-kind project in the value of at least 1 and 1/z times the penalty amount, thus in the amount of $15,000. Staff felt the City would be best served by choosing an in-kind project as settlement. Staff proposed the purchase of a ground penetrating radar locating system as an in-kind settlement. Since the City does not possess equipment with this technology, the use of this equipment would greatly improve our locating capabilities. On October 20~, 2009, City Commission authorized the purchase of a portable ground penetrating radar locating system as an in-kind settlement proposal, not exceeding $25,000. On November 18, 2009, FDEP officially acceptable the City's settlement proposal as satisfaction of civil penalties for violating Rule 62-604.130(1) of the Florida Administrative Code and Florida Statutes 403.161(1). In researching potential units for purchase, staff found that the MALA X3unit would best meet its needs. Other municipalities are using this paxticulax unit with favorable results. The unit is available from Power-Tel Utility Products, Inc. in the amount of $21,800 through a piggybacking a previous Pasco County purchase. With shipping/freight ($600), Object Mappex ($1,800) and GPS Mapper ($199) hardware accessories, and an additional battery ($295.00}, the total purchase award is for $24,694.00. FUNDING SOIJRCE Funding is available from 441.-5161-536-64.9Q, Water & Sewer Fund/Other Machinery-Equipment. RECOMMENDATION Staff recommends approving the award to Power-TeI Utility Products, Inc. in the amount of $24,694.Q0 for the purchase of a ground penetrating radar locator system as satisfaction of civil penalties related to the accidental wastewater release. 1111012603 14:57 17277263735 P~WEr27El. PACE 01101 ,r+~.,~~ f~ovemf~er ~, X009 Scokk Solomarf City cif Defray (3each Water and Wask~ Dept. 4~4 ~aukh Swinton Avg. aelray 8eavf~, pL Dear ^~COtt, Te further our ~rtver5atiort and ~t,ak~, we are pleased tv extend tf~e same product prfcrg to tine Cfiy of Defray Sea~h that we did far the Pasta Caur~ty f~urchase Order # {1t70~.~447t1 dated ©iJ~iJOS, The price for the MAtA X3M system with Both antennas t~S~ MFtz and 5f~U MHz) ~uvr~ld be $2~.,~OD.O(~ plus freighk (apprax ~st~~), Thfs pricing wiii be heid until througfti 1.2J3pJ~9 The addttiunal items yvu may wtish to consi~ie~r are: OI?ject Mapper Hardware ~~.,BDp.l3p ea MRi.A GPS Mapper ~~~g,ea Additional ~.~ Ah Li-fort batkery $295~I~I~ ea 5i~vuld ynu have any queStiorlsr nr IP I can be v~ any further assistance in this regard, please do not hesitate to cantaet rne. Sincerely, .' c ~~ Deborah i3iesia Safes iMxecutive PowerMTel Utility ~roduots ~oT~Qrate Otfica; ~$S M~rbar k.~Mk~ Court, Safety i'iart~or, FI~ X95 ~ (727) 725-~7~'i i`aX {7271720 3735 11104/2fl03 03:32 7.7277253736 Pt31~J>;R7t=L PRGi= E~1/64 ~"' ~ ~ Yip ~r,Lt~ 7 ~. ~. w r , .~, , , . ~- ~ 95S Harbor' Lake Court, S~~~ty ~-TaF~or, ~i.. ~~6~5 ('~'~~} SQ~~-185 ~Fa~c17?~ 7~C~-a'i~6 ~#Pn4 CAHL~'u $, Nt:iW4Ft1L~ FitfOr Protgctlnn+~ Manpgemersi $olutio~fe C}YRLQN Ht7PE, i~V[:,1~11~71fi-Gartf, Bvre-Gard & ancessGltefi, enclosure8, electr3cat, taW- valta$e ~ Qrerlli9a ~i4dllCt& C4h1D!ltTR~i~ltlR 575. ~pUt 13uct Conduit ~OHAIDC 1N7'1. Cable Installation EquTP• DIGKE SaF1±TYl~ROl~. 5lgr>e, Stands & vests >~CO Duct Plugs ~ E-L.ta~i Coupiings fHNOtFIi7~ T.iTILITt~~ F~rimary FauftLocatofs !.~ MFG R~Iltng Grips l~ $1"lMals MA~EtL FlaxibEe Fabric illrserduct #a Niaxlmixe Gahle taer~nY MA1.Al €iE±L1SCf~Nixir Ground PenGfiraalittg Radar >~e~iFaa A3G1Ki1RE Air ~pyer systems, Ar51~ pret,s~re eg4Tp., Work Ares protavtivn Equip. p~~0 n [d~ ~pvler Sy9tatns 1tiR41~tRrf Aiarker Posts $~ (,!•GUard9 l?t3A~T~ ~Wi1819i:LL Nantlh4les, Panel Vaults & Padg-Telo,7r.147iiyf . ~tHiNO rRP~ Fiipii stre~tglf t ttai cebie p~lling ta~+ee ~c>srar.~ccn~ precistan N4~rker wair~ta StY~ tlla3l V~aTtage Isvleliorr intertaca proiev6p+n 1~A7'.E : 11 LYE` b~ r r - ~ /4 t ~ ~ ~~~~~~~~ a Fr ~i.r-OnM Cabe and Fault I_eaatnrs il/0AI2009 @9:32 172772E~3735 PpWi=RTEL PAGE 02104 I'(J~~,T~~ ~I~'.~.~~'T~.~'~~~C'T,~ .~.~V~. 955 f3arbor Lie Court, 5Rf`ety kia~bor, ~~ 34695 Tel: '727-715.4751 Fanc: 727-72d-3736 XnvtreceDsEe. U1C31/2i1D8 ~~stnldeP Delivery Address Pasta County llti4ities Ma#rtferlance Building 9516 Ctat?tt~e Latr~ Port Rici~oy, FL 34688 n~r~~n carriage By11ir Delivery Conditions ~'OB C'hsriesion C~asramer Irtwalce Address ~l'kV1~lC~ ~D~ .~'~~~} Board of Counly Commi,~sior7ers Attn: Cterlt of iiy~ Circuit Court 68053 Livr~ t:1ak Avonu~ i']ada City, i~L 33523,3354 rsyrnerst Z`erms ~Ipan F1ec~.i~t Late Chsrgev CugtomerReferencel~TttmbcY. A(rt11A47x~ P`f1JP Represeatnliwe : Tlebnrnh BiCaia t,~nik Total P.rirra I~rie~ $'5,175.00 $15,975.Qt] 4~ualkt%t~ flf~tta ~esrcxtptl4n ~ RAM~IC X3M '~Oii~{lIl MHz Sltieltt,l~7C Fart No. 22-002235 Item Fart N6 Aest~tiption 1 2)~Dd2233 X3M 2 21 X43344 XV 1 f 3 21.042374 Ftctt]~m1 Rimag4141cdin 4 21•(14254o N'cw RAMAC/L3pR Carr 3 21.04AU44 ~.asY Locator 12 Ah 1.i-Ian G 21.042334 tnsyLooator4'ha~rSce 7 2t~ff3atlri Battery bag Lf-loo (3 21~94~457 Man'stor Paw~roa~sg EA A ~t-Qo244~ i7s,{e Cahlti i=CP t.2M 1E1 21~~0$~~4 1;18tt~i Cd(}lC Ix~p ~.QNr 91 1#•Odio45 MRtJ1 sarttvare Pac6age 12 18.4Q1U45 f]peraifng Martiuaf 73 is•9Er1aa7 C~peralEngManus{X3M 1 250 MH~;~hieided Arrtanna (FCC ~~prvv~d} Part Nc1. 21-Ot~3Q[3d '( 5r70 MHz Si1~~id~d An#enrr~ {FCC Apprarred] Part No. 2'[-t~t}3nU(1 Qt'9 1 t 1 t t 1 1 2 1 9 ~ 3,5Q(?,t3D ~ 3,5t7f3.00 $ 3,1Z5.0~ ~ 3,'i25.fiI~ TV~A~ ~ VAL ~rrr+.,ruarruMw~ewT~sn R~m~t Payment i;o: ys~A3CiV V+V~ I'aw~r~'I'e~. T,Tt~i~~ l~r~c~uc~~, Ine. 95~ ~-Iarb~r Lake C+~uxty ~~e~y ~a~rb~r~ ~L 3~~~~ 11!04/2005 09.32 17277263736 ~' ~~~~~~ ' Ch~rg~ and mail alf invviees in Du iiaate tv BC?ARp bF GC7lltd~Y C~iNI~E~~1Dt+EE=~t5 .QTTN~ CLERK OE` 7NE~ C1RQ~Fl7 CC1tIRT 38053 LIVi` 41AK AYE. ~A~E Cl7Y, El,oFili7A 33523-388A PL14~fERTE{.. PiaRErHASiNG AEPARTh~IE~NT 8913 C~ov~rnrnenE Drive New Part REchey, FL 34554-$500 Phone ~727> 847-s~s4 1"AX (727} 847.8065 lea Impurl~v~[ CAnriil'KmF. on 63rk PASCO COUNTY PURCHASE ORDER R L'VV79iT10i'i MC+ wrsa.s .v ,. .,. ~.. ~.~...~ .•.~ .-... -. ~.- - - 00'~~~'7~ N~5 D>~S~ OolQAloo i2/28fo7 ~fEN!]~R: ~ goo5~s~1o698 ~ POWER~T'EL U~ILTTY PR(?I~gG~`S. INC. ~U~tMAEY 955 HRRBOR MAKE CQURT SA1i ETY' HAREOR , FL ~E'~E~ T~: ~:~~('iQ ~i'QU~~~ ~ SA~STAx ~T~~.~~~~~ ~1NTE11tA'~fVE ~~~~..~~~G ~K~sMff1'InMNA. pc7q~ 951$ CRAB'T#2EE LANE ~1.an.nznrez.ssc FQE`T i~ICHEY ~ FL ~~1548 lYRtlk CTY1li1t1T GE6GRIpTISyH! lYO, 1 i . (~0 EQUT p~SE[~T GROUNA PENETRATxNG 1~A1~AR ~~'~'~EM (GPRI RFA08--144~K, ADMiN AP~I~ X2/26/07 B~Q175t3240~s5~03 ~ ~~.~v~~ ~~~ ~~~ .~ ~l.c~ ~~~~ ~~ ~~ . ~ $REWKA r LJNlT PR14E asaa~.oao c~~ ~-- ~~~'~ Q~/11!(l$ ~ ~ ~~~~~ ra7Ai 2~8QO.o4 ~1f I!] fit")c~~~ `~ ^ ~1800.Q0 VEd~J[?L ##f~ 11.109/20@9 09:32 17277263736 PD~ERTEL PACE 0#/04 S 1 i~ASCO COUNTY, F~,QRIDA INTER-OFFICE N1irMORANDUM TC7: John .i. GallacJher C1ATE: 121171Q7 Fii,i;: PU08-11~i County Adrninis#rator ~IJBJi=CT: Purchase Ground Penetrating Radar System~Power Tel Utiiiky Products FRC}lVl; Scoff: P. Stromer RBi;ERENCE{S): Requisition No. 74272 Purchasing Director RFQ No. 081001 i~ 1 Qrt Oatc~ber 20, 2QQ7, t%~ Purc}~asing Department, at the request of t1~e Utilities 1Nater and Sewer Department, solicited quctatfans for ane {1) ground per~etratir~g ~ysl;em {GPRy lacat~ir. Ali provisions oi'the Pur~hasir~c~ Urdlnance ha~re been met. C3y November 21, 2007, the fnilawlrtg two {2) quotations were received: mower-Tel Utility PrQducte $~1,800•~1Q Geophysical Survey Systems, Inv, $22,40.00 The Rurchesing Department, with concurrence from the Utilities V11a.ter and Sewer Department, recommends a~nrard to the Vendor submitting tho lowest responsive and fesponsibie quotation, 1='awer Tei tttiiify Prpcluats a# e. tgtat cast of $21,800,00. Funds are c4rltained lr~ ti7e 2(7Q7-08 Fiscal Year Budget. SF'Sldd Attachment: 1, Quote COPY cc: Bruce Kennedy, P.E., Assistant Gounty Administrator {U#€ii#ies Services) Scott Berge, Ae#ing Uti€ities Opera#€ans & Main'kenanco Director `~.., - APPRO~IED: PATE; ~ ~ N4T APPROVi=D. ~~'~l~ ~- 1 r '•'~~.C.~i'i ~t~` .. ~~~ :t ~ ~x7 :~ ~ 'it': iI' ~ ._ , ~I~rid~ ~7~parrrte~t ®~ En~ir~~~~~~~ ~~~~~~~®n southeast District Office 400 N, Congress Avenue, Suite 200 West t'aIm Beach, PL 33401 (561) b~1-6600 RETURN RECEIPT REQUESTED City of Delray Beach Richard C. Hasko, P.E., Director of Environmental Services 100 NW 1St Avenge Delray Beach, Florida 33444 Re: DEP vs. City of Delray Beach, FLU035980 OGC File #: 09-3441 Dear Mr. Hasko: ~.~l; ~tir'~'! ~l(11' ~i.'If ~'~.f~3~i.i`~~iii~l~1 ~.i_. i~9i ?i t'~liii ~k ~: <i ~ai~ Enclosed for your implementation is the fully executed and filed Consent Order in the above-styled case. The Department acknowledges receipt of payment of the Department casts in the axnount of $500.00. The Department received your In-kind Project Proposal (Proposal) on October 23, 2009. Tl~ze Department has no objections to the Proposal as subrrtitted. The anticipated completion date is March 10, 2010. Within thirty (30) days of completion of the In-kind Project, please submit to this office a Project Final Report. The Final Report shall contain verification of monies spent (copies of checks, purchase orders, etc.) and a certification of completion prepared, signed and sealed by a Florida registered Professional Engineer, stating that the project was completed in accordance with the Department-approved Proposal. City of Delray T3ea~lt OGC file #: Q9-3941 I'age2of2 Thank you far your Proposal anal yaux continued efforts to settle the mattexs addressed in the Short l~oxtn Canser~t Order in an amicable mannex. Should you have any questions, please da not hesitate to contact Megh~a Pandya at (561) 681-6694 ar Meghna.Pandya@dep.state.fl.us Sincerely, ~;nclosure fall) C: Diana M. Thurnnan, DEI' /Tallahassee Lea Crandall, Agency Clerk, DEP/Tallahassee Tint Powell, DEP /WPB Victor Majtenyi, Deputy Director, Public Utilities Scott W. Soloman, Network Manager Dave Hebert, FDOH DianaM.Thtrrn`~an@dep.state.fl.us Lea.Cranc~all@de .state.fl.us Tim.PoweJl@d~e.fl.uu Ma~tenyi@ci, defray-beach.fl.us Solomon@ci.delray-beach.fi.us David Hebert@doh.state.fl.us ~~~rida epartrnen~ ®f ~n~ir~~.e~.~a~ Pr®~e~~®n Southeast District 40U N. Congress Avenue, Suite 2()0 West Palm Beach, Florida 33401 Certified Mail~#700909b0000031z35412 City of Delray Beach Richard C. Hasko, P.E., Director of Enviro~unental Services 100 NW 1st Avenue Delray Beach, Florida 33444 SUBJECT: Proposed Settlement of DEP VS. City of Delray Beach OGC File #: 09-3441 Dear Mr. EIasko: C'h~~(lic C'ri,;f -iU1~L'i I](1{- 3.I. ~si~l'C7llill` ls't~it~h,k°.l i~'.:~~~Itt The purpose of this letter is to complete the resolution of the matter identified in the meeting with representatives of the City of Delray Beach and the Department on August 19, 2009. All corrective actions required to bring your facility into compliance have been completed as related to the issues discussed in the referenced meeting. The Floxida Department of Environmental Protection was informed on June 2, 2009, that over 50,000 gallons of raw wastewater was released on the ground surface and then flowed via stormwater drains to the lntracoastal Waterway. The location reported was near Andrews Avenue and Lowry Street, Delray Beach, Florida. The Department was i~~formed that the discharge was caused by a broken force main. The Department finds that you are in violation of Rule 62-604.1.30(1), Florida Adrx~inistrative Cade (F.A.C.) and Florida Statutes 403.161(1.). In order to resolve this matter, and in accordance with the Department penalty matrix, you are assessed civil penalties in the amount of $10,000.00, along with $500.00 to reimburse the Departmen# costs, for a total of $10,500.00. The Department acknowledges that the payment of these civil penalties by you does not constitute an admission of liability. This payment shall be made payable to the Department of Environmental Protection by cashier's check or money order and shall include the OGC File Number assigned above and the notation ".Ecosysterns Management and Restoration Trust Fund." Payment sha11 be sent to the Department of Environmental Protection, Southeast Florida District, 400 North Congress Avenue, Suite 200, West Palm Beach, Florida 33401, within thirty days of your signing this letter. In lieu of cash payix~ent of all or part of the civil penalties, Respondent shall have the option of proposing and completing an in~kind envirotunental enhancement, restoration or information project. Notwithstanding, payment of the $500.00 for Department costs shall be paid within 30 days of your signing this letter. The value of the in-kind project must be 1 and 1/2 tunes CiEy of Delray Beach OGC Fife #: U9-3~I41 Page 2 of 4 the civil penalty amount, which in this case is the equivalent of at least $15,000.00. No in-kind credit will be given .for the cast of any corrective actions imposed on Respondent by this or any other Resolution. Preference will be given to proposals that involve contribution. of material and/or labor to existing or proposed government-sponsored environmental enhancemea~t or restoration projects such as Surface Water Improvement and Management (SWTM) projects, Respondent shall not post any sign at the site after the project has been carnpleted. In the event Respondent chooses the in-kind option, a project proposal, including a schedule for completion, must be submitted to the Department for review and approval within sixty (60} days of execution of this Resolution. The Department will review any in-kind proposal submitted pursuant to this paragraph. In the event additional information, modifications ar specifications are necessary to approve the proposal, the Department shall issue a written request for information (RFT) to Respondent for such modifications. Respondent shall accordingly revise the proposal and submit the revised version in writing to the Department within 15 days of receipt of the request. In the event that the Department determines that the ix~ kind proposal is incomplete after two RFTs, or the Department disapproves the in-kind proposal, or the in-kind project has not been completed within the approved time schedule, the in-kind option shall be forfeited and the entire amount of civil penalties shall become due within thirty (30) days of demand. Your signing this letter constitutes an agreement between the City of Delray Beach and the Department to resolve this matter on these terrrts. If you elect to sign this letter, please return it to the Department at the address indicated above. The Department will then countersign the letter and file it with the Clerk of the Department. When the signed letter is filed with the Clerk, the letter shall constitute final agency action of the Department, which shall be enforceable pursuant to Section 720.69 and 403.121, Florida Statutes. Tf you do not sign and return this letter to the Department at the Southeast District address within thirty days of receipt, the Department will assuxne that you are not interested in settling this matter on the above described terans, and will proceed accordingly. None of your rights or substantial interests are determined by this letter unless you sign it and it is filed with the Department Clerk. .~~ City of Delray Beach OGC Pile #: ©9-34~k1 Page 3 of 4 FOR THE RESPONDENT: I, Richard C. Hasko, on behalf of City of Delray Beach, HERESY ACCEPT THE TERMS 4F THE SETTLEMENT OFFER IDENTIFIED ABOVE. FOR THE RESPONDENT; y' AAA ~L_ J, ~,.~... , Richard C. Hasko, P.E. Date Director of Environmental Services City of Delray Beach FOR THE DEPARTMENT: hack Long District Director Southeast Distri Date DONE AND ENTERED this- day of 'its`' ~:~ ha '°' z°~ ~~ _ ~ °'_ ~~ ~ 200 in West Palrn Beach, Florida. FILED, on #his date, pursuant to X120.52 Florida Statutes, with the designated Department Clerk, receipt o€ which is hereby acknowledged. a ~~ r ' j i ~. itt Clerk s~ ~~~ ~~' D fe `~ JL/LA~/MH/ mp Copies furnished to: Diana M. Thuxxa~an, DEP /Tallahassee DianaM.ThurmanQclep.state.fl.us Tim Powell, DEP /WPB Tim.PawellQdep.state.fl.us Victor Majtenyi, Deputy Director, Public Utilities Majten~Qci.delray beach,fi,us Scott W. Solomon, Network Manager Solomon©ci.delray-beach.fl,us Dave Hebert, FDOH David I Iei~ertC~doh.state.fl.us City of Delray Beach OGC File #: 09-341 Page 4 of 4 NOTICE ®~ RIGHTS Persons who are not parties to this Consent Order, but whose substantial interests are affected by this Consent Order, have a right, pursuant to Sections 120.569 and 7.20.57, Florida Statutes, to petition for an administrative hearing on it. The Petition must contain the information set forth below and must be filed (received) at the Department's Office of General Counsel, 3900 Commonwealth Boulevard, MS-35, Tallahassee, Florida 32399-3000, within 21 days of receipt of this notice. A copy of the Petition must also be mailed at the time of filing to the District Office named above at the address indicated. Failure to file a petition within the 21 days constitutes a waiver of any right such person has to an administrative hearing pursuant to Sections 120.569 and 120.57, Florida Statutes. The petition shall contain the following information: (a} The name, address, and telephone number of each petitioner; the Department's Cansent Order identification number and the county in which the subject matter or activity is located; (b) A statement of how and when each petitioner received notice of the Cansent Order; (c} A statement of how each petitioner's substantial interests are affected by the Consent Order; (d) A statement of the material facts disputed by petitioner, if any; (e) A statement of facts which petitioner contends warrant reversal or modification of the Consent Order; (f) A statement of which rules or statutes petitioner contends require reversal or modification of the Consent Order; (g) A statement of the relief sought by petitioner, stating precisely the action petitioner wants the Department to take with respect to the Consent Order. Tf a petition is filed, the administrative hearing process is designed to formulate agency action. Accordingly, the Department's final action may be different from the position taken by it in this Notice. Persons whose substantial interests will b~ affected by any decision of the Department with regard to the subject Cansent Order have the right to petition to become a party to the proceeding. The petition must conform to the requirements specified above and be filed (received) within 21 days of receipt of this notice in the Office of General Counsel at the above address of the Department. Failure to petition within the allowed time frame constitutes a waiver of any right such person has to request a hearing under Sections 120.569 and 120.57, Florida Statutes, and to participate as a party to this proceeding. Any subsequent intervention wr1I only be at the approval of the presiding officer upon motion filed pursuant to Rule 25-106.205, Florida Administrative Code. Mediation under Section 120.573, Florida Statutes, is not available in this proceeding. 4 ~ tz ~ z~ ~ ~ ~ ~. QEt11;AY BEACH Ail-America City 1993 2~pt October 21, 2009 X34 5~~~ I I-i ~7'v~il~si;~,.i n;~~=~.~~!~ 3 ~~~~",~' .'-.'-'u;;.1w~# -.,.C~c~~~`:-', ,s-,; - Mr. Jack Lang District Director, Southeast District Florida Department of Environmental Protection 400 N. Congers Avenue, Suite Z00 West Palm Beach, Florida 33401 RE: Proposed Settlement of OGC File # 09-3441 Dear Mr. Long: The City of Delray Beach has elected the option to constrl~et an in-kind project as referenced in your letter dated Septennber 22, 20(}9. The particular project because it provides environmental enhancement to surface ureter. Attached are the details of the project along witlr a check in the amount of $S1f0.U4 to saver the adrllinistrative fees incurred by the Department. The City will begin construction of the project as soon as the Department approves the project. S' rely, # ~ Richard C. Hasko, P.E. Enviroental Services Director cc: RandallCrejcruel,CityEngineer Victor il4ajteayi, Deputy Director of Public UtiliEies Scott Solomon, Water and Sewer Network Manager Proposed Settlement In Kind project Lir to DEP OGC 04-3441 I4C?et09 rlvm r'~rlrTr`3t! on Rce/crest Fader ~ ~ ~" PROPOSED IN-KIND PROJECT TO SETTLE OGC FILE # 09-3447. BACKGROI7ND: The City of Delray Beach awarded a contract to Downrite Engineervng, Inc. in April 2009 to construct a reclaimed water transmission and distrilution system an the City's Barrier Island, from Atlantic Avenue north to Beach Drive. A portion of the project consisted of constructing alb-inch transmission main along Andrews Avenue north to Beach Drive. To min;+nize the numb~:r of trench cuts, the directional drill method was utilized for installation the distribution mains and for individual services. On June 2"a, 2009, during the one of these directional drill operations, the existing IO" farce main from Lift Station #l8 {located near Lnwry Street} was pierced, releasing an estimated 50,000 gallons of wastewater. The City of Delray Beach promptly notified all appropriate agencies of the incident- and proceeded with corrective actions. Within two, hours of the incident, the pipe was repaired, followed by cleanup and tasting immediately thereafter. A fact finding meeting to review the incident was held at the DEPs West Palm Beach office on August l9`'`, 2009. Subsequently, the Department has issued a letter on September 229, 2009 to the City for a Proposed Settlement. SCOPE Ol? WORK: The City of Delray Beach is proposing to purchase a portable ground. penetrating radar system to improve the accuracy of our utility locations. Since the City does not possess equipment with this technology, the addition of this system would greatly improve our locating capabilities. The proposed unit will allow a technician to locate utilities in non-conductive conduits as well as conductive conduits, capable of surveying utilities to a buried depth of over 25 feet, and provide an accurate topograplzioal view of the defined area. The system will also have utility mapping capabilities that are compatible with our GIS software as well as our future asset Ynanagement program. The City feels the purchase of this system- appropriately addresses the basis of this incident by providing enhanced locating capabilities to rn;rtirnize future occurrences of this nature. A sample of the proposed unit is provided on the attached brochure. ESTIMATED COST OF PROJECT: The estimated cost of this in-kind project will exceed $15,000. ADMINISTRATIVE FEES: A check in the amount of $500.00 is enclosed to saver the fees imposed according to the Department's matrix. PROJECT SCHEDULE: The City of Delray J3each desires to reach a settlement and satisfy the requirements of an in-kind project as expeditiously as possible. The City is willing to commit time and resources in completing the above described project within four months from acceptance by the Department. Proposed Settlement In Kind project Ltr to ]5EP flGC 49-3441 14Qct09 ri vm I.acidng sa-~e when maun±~ng anihe ant.nna Hl~peed E'<herrrei rammwrocatlan Mwnts di~etly o[?ia the ~n3eixia i .. ~' - -ice} 6 `~ = ~` .'fi`R . Fts c,a T~8R6AAHxN,ALd shieltle~ entennas 1. Field rug~e>vi IP66 hv€i 2. Compact, slim line de: 3. 1=t~16771et G~iiirnUCt!~a#1 4~ Ir3tegrated ele~ctrcnics 5. Single 12v ir~pui fc~rX~ and cur:nected antenn MALA X3MT"" Tht? Il~i~~c~rat~t~ Raf~r ~vl~~r~l ~rlit The MALA X3141 in#egrated r~ntral unit is cnmpa#ible ruith the f Ott, 250, 5dd and 8t}d MNz MALA shielded antennas and designed io fit d3rec#ly onto the antenna. This combined v~rith the built in eieckronic design, few wveight and Campac# size make the MALA, X3M one of the most cornpact GPR sys#ems avaiEable. An Eth;rrnet link bafwesn the MALA X3M and the MALA XV Manitar, ar ~1o#ebac~k P~°, a€fers high speed paint to point camrr unicati€~n for reliable and high quality data transfer. The built-in auto stacking €eature ensures np#imum data quali#y.at maximum survey speed, The 1o~er power consumption af#ars in excess of six hours measuring time vrith a standard battery. 'rhe canverienae of this flexible and modular design means tha# a MALA X3iv7 bases! GPR system can be quickly and eas'sly configured for use across a ~iide range of appiications, simply by changing the antenna. This flexible approach a€fers you an affordable choice td system configuration. Ycu only need to invest in what you need foday; havrever, as your Heads change, sa can yaur MALA X3M system. MEMORANDUM TO: Mayor and City Commissioners FROM: Joseph Safford, Finance Director Patsy Nadal, Purchasing Manager THROUGH: David Harden, City Manager DATE: December 7, 2009 SUBJECT: AGENDA ITEM 8..4 -REGULAR COMMISSION MEETING OF ANUARY 5 2fl10 PURCHASE AWARD/MOHAWK RESOURCES LTD ITEM BEFORE COMMISSION City Commission is requested to approvethe purchase of five {5} replacement vehicle lifts in the amount of $38,523.76 for the City garage from Mohawk Resources Ltd per proposal #RP-BV057F, dated 12/29/2009 via GSA contract # GS-07F-7099B valid through 613 0120 1 3. BACKGROUND The requested purchase is for five {5} replacement two post vehicle lifts for the City garage from Mohawk Resources Ltd. as follows: four (4) System 1A Iifts priced at $6,137.16 each and one (1) LMF-12 lift priced at $10,472.96 plus $3,502.16 for installation. The System 1A lift features a patented hydraulic equalization system with adjustable overhead hydraulic lines. The LMF models are for heavy-duty truck lifts with the "clear floor" design that make this truck hoists perfect for all fleet applications. The Mohawk offers environmentally safe above-ground service lifts, with capacities ranging from 6,000 to 240,000 pounds. The current vehicle lift equipment is obsolete. With repairs and maintenance adjustments, the equipment is not performing to standards. FUNDING SOURCE 501-3311-591-64.90 (Garage Fund/MachinerylEquipment/Other Machinery/Equipment). RECOMMENDATION Staff recommends the purchase of five (5) replacement vehicle lifts in the amount of $38,523.76 for the City garage from Mohawk Resources Ltd per proposal #RP-BV057F, dated 12/29/2009 via GSA contract # GS-07F-7099B valid through 613012013. I^i2'3i2S7E~~ X6:24 ~ai8B~2].2~9 MCIN~€Y. RL~t~tJRL~~ L7L3 ~Afit= f3~f~3 k ,~.,...--........F....~ - _...~..,_.._ ___~ ~,.r._.,~.___ ti~ ... .. ... . _ ._.. - . ,,~. AAa~e~vvlc Re~saurc~~ f.trf "4rr~e~lras hss t !t f t fnF~strr~ent" Frain. Ray Pedrtrti I~lot+a~rk 1.#fks 65 Vroom~tt AVB., Amsterdam, NY 9~Qt1) pt~ane i, ~00'B~O~g~..?~ fzuc (5iis} $42•t~89 ect IckS~'t!~.~~~k~~~s.e~4?R! ~`b: tity pf Delray B~mCt! Fleet Ma!l~gerltCnt 434 5, Swirltott Ave tleiray g~4Ch, FI, 3244~i Rittt: Kevin Rurtiett (5fi~1) ~d~-7333 ph. (564 } 272-5356 4aX PttgpOSAt. {f tiP•13V057P ~iA7F: 4FCFr~tSER 29, ~{~4 E7tfilfiA'~iOtt ~A7E W? t1AYS For purcl-ase eaSSng the ~.5.f~. ~d~tr~~ #GS~p7~-7Q99A 7F11~~b3 -- 51~p/~.Q'i 3 5,4~.C5PfiRSbl~ ~~ y0. ' 51ilPPF}t~i. ' ,~ •' ~ ; • 4~AV~H1` ' _ •~ ~ t~t~l't;t]~ ~ ~3'~~'~'~H~'i~~S~AS j . -D~LiVJwRY~M~£ T~Ri~ - I Dkli: CAT}; ~ Ray hedrtek ~ t3gst wad d to 6 vr~eks Attu ~ NFL 3~ j , i I DPStIn'~tiFll3 c i CL'fY ~ I'i`FAA ~• - - ~.. 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If E~u#a~it~nt ~x 7cr 13e lrlstafEHd f.ater Tf~art„~.U s tr' A~~tv±~iys #Auhawk reQUires a signed g€[t of ~r~dil~g sho-vt~ that tti8 esgu#prnarit vies rQtelY80 iri mutt CS~ridl#tati vriE€i !to rittssing er tlan7age~i darts ar Fit~tt ,. Ef .~nY d~m~g~ to She E-ift ar naisstn$ ~,rts ar ~ieCga 1s dated ~y the ln3tailar at tfle tfma n( tnstallatlo9t, it w€SE be the cet~turrler's tln~atial i'espretlsibi#1ty to reptac.a t}~ ~iAma~d or missing parts, x~~ylneht for tt3e eciuipitient 1Vtii be due u1~11 1'dt;@i}1t (unizss c~rh~rr arrar~inerits lirvo bR~ii innd+~), i~ayinert vt€[i oat be huis€ anti{ tnxtailatian of #•he esiuSpms!rit is p~rfnrnipd. PEdds~ s-F~n #f you a~rtitr with t!~& ~kaket€ tersils drill SGS~d1t1S1E1~.^,,...~ ~...eOO,,,~...n„~.___. -----.~.~ ~,...._...,..,. MEMORANDUM TO: Mayor and City Commissioners FROM: Ronald Hoggard, AICP, Principal Planner Paul Dorling, AICP, Director Planning and Zoning THROUGH: City Manager DATE: December 17, 2009 SUBJECT: AGENDA ITEM 9.A. -REGULAR COMMISSION MEETING_OF .TANUARY 5, 2010 WAIVER RE UESTS/DELAIRE COUNTRY CLUB TPEM BEFORE COMMISSION The action requested of the City Commission is consideration of two waiver requests associated with the approval of temporary trailers at Delaire Country Club. The first waiver is to allow the installation of three trailers to house the existing facilities in the Delaire Country Club during the rerr-odeling of the clubhouse. The second waiver is to allow an increase in the maximum dimensions of a fourth construction trailer. BACKGROUND At its meeting of December 10, 2008, SPRAB approved a Class II site plan modification for the Delaire Country Club which included construction of a two-story high 16,706 sq. ft. fitness center building and a 7,437 sq. ft. pool, pool deck, and spa area. At its meeting of June 24, 2008, SPRAB approved a Class II site plan modification to reconfigure the pool deck, pool, landscape plan, and a minor change to the pool side architectural elevation. At its meeting of December 9, 2009, SPRAB approved a Class II site plan modification for the installation of faur temporary trailers at the Delaire Country Club. 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. Waiver Analysis: Pursuant to LDR Section 2.4.7(B)(5), prior to granting a waiver, the approving body shall make a fording that granting of the waiver: (a} Shall not adversely affect the neighboring area; (b} Shall not significantly diminish the provision of public facilities; (c} Shall not create an unsafe situation; and (d} Does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. The first waiver request is to LDR Section 2.4.6(F}, "Temporary Use Permit", to permit the use of the three modular trailers to house the golf pro shop, tennis pro shop, and fitness center during remodeling of the existing clubhouse. Since the specific uses of the trailers are not listed as allowed uses ender this section, approval can only be granted through a waiver by the City Commission. The modular trailexs will be utilized to maintain the existing uses of the country club during construction of the new facilities. The existing clubhouse is approximately 36,549 square feet. The modular trailers are far less than the square footage of the facility for the uses they will support during the construction phase. It is necessary to have multiple trailers because of the number of facilities and uses needed to maintain the activities of the current country club. It is requested that the time frame for the temporary modular trailers be for a period not to exceed 24 months. All three temporary trailers will be located above grade level with a white lattice to screen the under carriage area and appropriate landscaping to enhance their appearance. They have been located in proximity to the functions that they will serve with adequate parking and handicapped accessibility provided. The clubhouse site is generally surrounded by golf course. While two areas of the site are adjacent to homes, one is buffered by the tennis courts and the other is across the street and set back from the roadway. Since the trailers are replacing the existing clubhouse functions during construction and will be removed when construction is completed, there will be no impact on the provision of public facilities. It is noted that waivers to this section have been granted under similar circumstances. Based an the above, approval of the waiver will not adversely affect the neighboring area, diminish the provision of public facilities, create an unsafe situation or result in the grant of a special privilege. Consequently, positive findings can be made with respect to LDR Section 2.4.7(B}(5), Waiver Findings. The second waiver request is to LDR Section 4.4.3{I)(3), to increase the size of the construction trailer from a maximum of 10' x 12' allowed within R-1 {Single Family Residential) zoning districts to 12' x 52'. The size of the construction trailer has been increased due to the complexity of the construction involved with selectively demolishing parts of the building and remodeling other parts. The construction trailer will house the primary contractor as well as provide office space for subcontractors to utilize while on site. A plans roam is also included within the trailer. Although the property is zoned R-1-AA, the use of the parcel is not residential. Since the trailer is located in the interior of the parcel, separated from the residential development to the northeast by the tennis courts and to the southwest by the parking lot, the larger sized trailer will not have an adverse affect an the neighboring residential uses. The construction trailer is temporary in nature and will be removed when construction of the clubhouse is completed. The increase in size will not significantly diminish the provision of public facilities or create an unsafe situation. The construction trailer is being increased in size to accommodate the requirements of the contractor and various subcontractors needed far the modifications of the existing clubhouse. This type of construction project is much more complex than the typical residential construction within the R-1TAA zoning district. Approval of the waiver will not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. Consequently, positive findings can be made with respect to LDR Section 2.4.7(B)(5), Waiver Findings. REVIEW BY OTHERS At its meeting of December 9, 2p09, the Site Plan Review and Appearance Board considered the waiver to LDR Section 4.4.3(I)(3), to allow the increased size of the construction trailer, and recommended approval. RECOlVI1VIENDATION By separate motions, A. Approve a Temporary Use Permit and waiver to LDR Section 2.4.6(F) for placement of three temporary trailers at 4645 White Cedar Lane for golf pro shop, tennis pro shop, and fitness center, based on positive findings with respect to LDR Section 2.4.7(B}(5), subject to the following conditions: 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 the 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. B. Approve a waiver request to LDR Section 4.4.3(I)(3), to increase the size of the construction trailer from a maximurx~ allowed of 10' x 12' to the proposed size of 12' x 52', by adopting the findings of fact and law contained in the staff report, and finding that the request is consistent with LDR Section 2.4.7 (B)(5). IN THE CITY COMMISSION 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 of 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 for the temporary use permit. All of the evidence is a part of the record in this case. Required findings are made in accordance with 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 4645 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)(5}, prior to granting a waiver, the approving body shall make a finding that the granting of the waiver: (a) Shall not adversely affect the neighboring area; (b) Shall not significantly diminish the provision of public facilities; (c} Shall not create an unsafe situation; and, (d} Does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. ^oes the waiver request subject to the conditions attached in Exhibit "A" meet ail the requirements of 2.4.7(B){5}? Yes N o II. WAIVER TO INCREASE 51ZE OF ONE (1) CONSTRUCTION TRAILER: LDR Section 4.4.3(1)(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{I}(3) to allow fora 12' x 52' trailer due to the complexity of the construction involved. Pursuant to LDR Section 2.4.7(6)(5), prior to granting a waiver, the approving body shall make a finding that the granting of the waiver: (a) Shall not adversely affect the neighboring area; (b) Shall not significantly diminish the provision of public facilities; (c} Shall not create an unsafe situation; and, (d) Daes not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property far another applicant or owner. Does the waiver request meet all the requirements of 2.4.7(6)(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 fiinds that its determinations set forth in this Order are consistent with the Gamprehensive 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 an the entire record before it, the City Commission approves denies the waiver requests to LDR Sections 2.4.6(F) and 4.3.4(1)(3) subject to the conditions listed in Exhibit "A" attached hereto. 2 6. Based on the entire record before it, the City Commission hereby adopts this Order this 5th day of January, 2010, by a rote of in favor and opposed. ATTEST: Nelson S. McDuffie, Mayor Chevelle Nubin, City Clerk 3 Exhibit "A" Conditions Related to the Waiver Request to Allow Three Temporary Trailers at Delaire Country Club 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 the property and the area restored pursuant to the site plan of record concurrent with the issuance of a Certificate of Occupancy fox 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 PNAI Fpn ppl rpi7X Mu4E gamx N ~glvE v u ~TM ~ # ~ ~~~ ~ L I N T O N B O U L E V A R D ~ CANAL L-36 ~ ~, ~ ~ PLE ONIYE ~~ ~ ~ ~~~ ~n,,WgN~ aLOSSau oR. ~W SnN K ''^{+ 1 1 C J U - 4 0 ~ J °n ~ ~ 3ru o v F ; N Q $ ~ `~ $ o ~ # # ~ I] rxuuaac ~' 9~ A O ` Q aw. zero sr. a m U 3 } ~~ ~ y,wuoac s.w. zani Lr. o/ a s- CANAL L-37 cNS~ on ~ ~ ~ u~. crLnlty Guq~ ure 3 3 ~- e~~ 'Es ~ ~ LIVE OFSf 9WD. Z ~ ~ ~~ a ~j ~~ $ ~ ~ ~ ~M F- ~ L~'E ~~ O ~ ~ ~ ~ ~~ ©`~~ s'-'8~~~~ DELAIRE COUNTRY CLUB TEMPORARY TRAILERS ~`~ I I = PROFER3l' it ,, 'y` , ~` 4645 1NHITE CEDAR LANE _ ~~ PLANNING ANO ZONING O DEPARTt,~~Nr LOCATION MAP -- DlC1TAL @ASE AlAP SYSTEM -- MAP REF: S:\Pldnning do Zoning\DBMS\Fde-Cdb\Z-LM 1461-1540\LM1157_6elaire Country Club ~1kiRAY BLAa N Il~ ~l~ ~`~. ~~ >ixst Agent: SITE PLAN REVIEW AND APPEARANCE BOARD MEMORANDtJM STAFFREP4RT Michael Covelli, Covelli and Associates Project Name: Project Location: Delaire Country Club Temporary Trailers ©El]fd5' BIAC3k ~~~ ,~~•~ ~_~~~ ~~: The property is located at 4645 White Cedar Lane, on the south side of Live Oak Boulevard, east of White Cedar Lane. THE ITEM'BEFORE THE BOARD The item before the Board is that of approval of the following aspects of a Class II Site Plan Modification for Delaire Country Club temporary trailers, pursuant to LDR Section ^ Site Plan; ^ Landscape Plan; ^ Architectural Elevations; and ^ Waiver Request The property is located at 4fi45 White Cedar Lane, on the south side of Live Oak Boulevard, east of White Cedar Lane, within the R-1-AA (Single Family Residential} and OSR {Open Space and Recreation} zoning district. '-BACKGROUND At its meeting of December 10, 2008, SPRAB approved a Class I[ site plan modification for the Delaire Country Club, which included the construction of a two-story high 16,706 sq. ft. fitness center building, a 7,437 sq. ft. pool, pool deck, and spa area, with a 4,025 sq. ft. service yard. At its meeting of June 24, 2008, SPRAB approved a Class II site plan modification to reconfigure the pool deck, pool, landscape plan, and a minor change to the poo! side architectural elevation. A development proposal has been submitted to install three trailers which will be utilized to house existing facilities in the Delaire Country Club that will be displaced as a result of partial demolition and remodeling of the club house. It is necessary to have multiple trailers because of the number of facilities and uses needed to maintain the activities of the current country club (golf pro shop, tennis pro shop and fitness center) during the construction of the new facilities. In addition to the three trailers to house the existing facilities, a fourth trailer will be installed to house the primary contractor as well as provide office space for subcontractors to utilize while on site. The requested time frame far utilization of the trailers is for a period not to exceed 24 months. The specific uses of the three trailers, temporarily replacing the functions of the clubhouse, are not listed as allowed uses under LDR section 2.4.6(1=}, "Temporary t.tse Permit". Therefore approval of these trailers can only be granted through a waiver by the City Commission pursuant to LDR Section 2.4.7(6). The City Commission will consider the waiver request at its meeting of January 5, 2010. SPRAB Meeting Date: December 9, 2009 SPRAB Meeting Date: December 9, 2009 Deiaire Country Club Temporary Trailer -Class II Site Plan Modification Page 2 PROTECT bESCRIPTION The development proposal incorporates the fallowing: Installation of a 5fi' x 24' golf pro shop trailer (1,344 square feet) on the southeastern portion of the site with wood steps, woad handicap ramp, railing, and concrete paver walkway; • Installation of a 56' x 36' fitness center trailer (2,016 square feet) an the western portion of the site with wood steps, wood deck, wood handicap ramp, railing, and concrete paver walkway; • Installation of a 56' x 24' tennis pro shop trailer {1,344 square feet) on the western portion of the site with wood steps, wood deck, wood handicap ramp, railing, and concrete paver walkway; • Installation of a 52' x 12' construction trailer (672 square feet) on the western portion of the site, ad}acent to the tennis courts with wood steps; • Temporary modification of the existing parking lot to accommodate access to the Fitness Center and Tennis Pra Shap trailers and one handicap accessible parking space; • Temporary relocation of an existing 27.5' x 17.5' tennis awning to the north side of the tennis courts; • Temporary relocation of two parking lots lights to accommodate the Fitness Center and Tennis Pro Shop trailers; and • Installation of associated landscaping. The development proposal also includes a recommendation to the City Commission with regard to a waiver request to increase the size of the construction trailer from a maximum of 10' x 12' allowed under t_DR Section 4.4.3(1}(3) to 12' x 52'. 'S11"E PLAN MODIFICATION ANALYSIS COMPLIANCE WITH LAND DEVELOPMENT REGULATIONS Items identified in the Land Development Regulations shall specifically be addressed by the body taking final action on the site and development proposal. LDR Section 4.3.4 K Develo meat Standards Matrix The following table indicates that the proposal complies with the development standards within LDR Section 4.3.4{K) as it pertains to the R-1-AA and OSR zoning districts: R-1-AA Min. Min. Min. Min. Min. Lot Min. Min. Min. Side Min. Side Min. Max. Lot Lot Lot Floor Frontage Open From ]nter'sor Street Rear Building Size Width Depth Area (ft.} Space Setback Setbacks (ft.) 5etbac Height (acres) (ft.) (ft.) (sq.ft.} (°/a) (ft.) (fi.) k (ft.) (ft.) Re aired D.218 95 100 1,500 95 25% 30 10 15 10 35 Provided 8.96 516 320 4032* 419 34% 30 355.3 30 310.58 15 SPRAB Meeting Date: December 9, 2409 Delaire Country Club Temporary Trailer -Class Il Site Plan Modification Page 3 LDR Section 4.6.9 Parking: The temporary trailers will make use of the 182 existing parking spaces provided for the existing club house. There is more than adequate parking on site since the existing parking lot already services the club house, golf and tennis pro shops, and the fitness center, all of which are being housed in much smaller temporary trailers. While no additional parking is required, the existing parking lot has been modified to provide one temporary handicap parking space adjacent to the Tennis Pro Shop trailer. Size of Construction Trailer: Pursuant to LDR Section 4.4.3(1)(3), the maximum dimensions of a construction trailer within the R-1-AA zoning district is 10' x 12', while the proposed size is 12' x 52'. Pursuant to LDR Section 2.4.7(6){5), prior to granting a waiver, the approving body shall make a finding that the granting of the waiver: (a) Shal! not adversely affect the neighboring area; {b) Shall not significantly diminish the provision of public facilities; (c) Shall not create an unsafe situation; and {d) Does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances an other property for another applicant or owner. Waiver Analysis: The size of the trailer has been increased due to the complexity of the construction involved with selectively demolishing pars of the building and remodeling other parts. The construction trailer will house the primary contractor as well as provide office space for subcontractors to utilize while on site. There is also a plans room being included within the trailer. Although the property is zoned R-1-AA, the use of the parcel is not residential. Since the trailer is located in the interior of the parcel and is separated from the residential development to the northeast by the tennis courts and to the southwest by the parking lot, the larger sized trailer will not have an adverse affect on the neighboring residential uses in the zoning district. The construction trailer is temporary in nature and will be removed when construction of the Club House is completed. The increase in size will not significantly diminish the provision of public facilities or create an unsafe situation. The construction trailer is being increased in size to accommodate the requirements of the contractor and various subcontractors needed for the modifications of the existing Club House. This type of construction project is much mare complex than the typical residential construction within the R-1-AA zoning district. Approval of the waiver will not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. Thus, this waiver request should be approved. REQUIRED FINDING5 Pursuant to LDR Section 2.4.5(G)(1 }(b), a Class II site plan modification is a modification to a site plan {other than Class I applications} which requires no review of the Performance Standards found in LDR Section 3.1.1, but which requires action by a Board. SPRAI3 Meeting bate: December 9, 2009 Delaire Country Club Temporary Trailer -Class 11 Site Plan Modification Page 4 LDR Section 2.4.5[G)(5) (Findings): Pursuant to LDR Section 2.4.5(G)(5), formal findings are not required for a Class I or II modification. LANDSCAPE KLAN ANALYSIS A landscape plan has been submitted and evaluated by the City Senior Landscape Planner. The plan provides for foundation planting far the three temporary use trailers (golf pro shop, tennis pro shop and fitness center), as well as screening of mechanical equipment. The submitted plan has been found to be in compliance with LDR Section 4.6.16 and there are no outstanding Landscape Technical items to be addressed. Based on the above, positive findings can be made with respect to LDR Section 4.6.16. ARCHITECTURAL ELEVATION ANALYSIS Pursuant fo LDR Section 4.6.15(E), the following crlferia shall be considered by fhe Site Plan Review and Appearance Board in fhe review of plans for building permlfs. !f the following criteria are not mef, the app!lcafion shat! be disapproved. 1. The plan or the proposed structure is in conformify with good tasfe; good design, and in general, contributes to fhe image of the City as a place of beauty, spaciousness, harmony, taste, fitness, broad vistas, and high quality. 2. The proposed structure, or project, is in ifs exterior design and appearance of qualify such as not fo cause the nature of the loco! environment or evolving environment fo materially depreciate in appearance and value. 3. The proposed structure, or projecf, is in harmony wr'th fhe proposed developments in the general area, with the Comprehensive Plan, and with the supplemental criteria which maybe set forth for the Board from time fo time. The construction trailer will not be provided with screening of the undercarriage area. The main body of this trailer will be painted beige and all trims painted in a dark tan color. All windows and French doors will be painted white. The main body of the golf pro shop, tennis pro shop and fitness center trailers will be painted with a beige color with all trims in a dark tan color. A green awning will be placed aver the front entrance door of all three trailers. Window frames and French doors will be painted white. The applicant has indicated that the proposed trailers will be located above grade level with a white lattice to screen the under carriage area of the trailers. All three trailers will be handicap accessible. Air conditioning units are wall mounted on the east side of the trailers and will be adequately screened. These temporary structures will be enhanced with appropriate landscaping so that they will not depreciate the appearance and values of the area. Thus, positive findings can be made with respect to LDR Section 4.6.1$(E). A5SES5MENT ANi] CONCLUSION The temporary trailers will enable the Country Club to continue operating during construction of the club house modifications. As noted in the background section of this report, the City SPRAB Meeting Date: December 9, 2009 Delaire Country Club Temporary Trailer -Class II Site Plan Modification Page 5 Commission will consider the temporary use for the trailers at its meeting of January 5, 2010. By granting this approval, the Delaire Country Club can complete the upgrade #o its facilities while continuing to provide use of the facilities far the members and residents of the Delaire community without sacrificing the level of service that currently exists. It is noted that a recommended condition of approval of the temporary use will be that the trailers be removed prior to the issuance of a certificate of occupancy for the club house modifications. This stipulation has been attached as a condition of approval of this site plan modification approval. Compliance with the Land Development Regulations has been demonstrated and the proposed elevations will comply with LDR Sections 4.6.16 and 4.6.18(E). ALTE'RNATII/E ACTIt}NS _____ 1. Continue with direction. 2. Move approval of the waiver request and Class II site plan modification, landscape plan and architectural elevations far the Delaire Country Club Temporary Trailers, by adapting the findings of fact and law contained in the staff report, and finding that the request is consistent with the Comprehensive Plan and meets criteria set forth in Sections 4.6.16 and 4.6.18(E) of the Land Development Regulations. 3. Move denial of the waiver request and Class II site plan modification, landscape plan and architectural elevations far the Delaire Country Club Temporary Trailers, by adopting the findings of fact and law contained in the staff report, and finding that the request is inconsistent with the Comprehensive Plan and does not meet criteria set forth in Sections 4.6.16 and 4.6.18{E) of the Land Development Regulations. STAFF RECOMMENDATION By Separate Motions: Waiver Requesf: Move a recommendation of approval to the City Commission of a waiver request to LDR Section 4.4.3(1)(3), to increase the size of the construction trailer from a maximum allowed of 10' x 12' to the proposed size of 12' x 52', by adopting the findings of fact and law contained in the staff report, and finding that the request is consistent with LDR Section 2.4.7(8) (5). Class !1 Srfe Plan: Move approval of the Class 11 site plan far the Delaire Country Club Temporary Trailers, by adopting the findings of fact and law contained in the staff report, and finding that the request is consistent with the Comprehensive Plan and meets criteria set forth in Sections 4.6.96 and 4.6.18(E} of the Land Development Regulations, subject to the following conditions: 1. That an Engineering Plan be submitted which depicts the location of the water, sewer and electrical utility connections and temporary sewage holding tanks; 2. That approval of the temporary sewage holding tanks by the Palm Beach County Health Department be obtained; 3. That a waiver be approved by the City Commission to allow the golf pro shop, tennis pro shop and fitness center temporary trailers; SPRAB Meeting Date: December 9, 2DD9 Delaire Country Club Temporary Trailer -Class II Site Plan Modification Page 6 4. That a waiver be approved by the City Commission to allow the increased size of the temporary construction trailer; and 5. That the temporary trailers be removed from the property and the area restored pursuant to the site plan of record concurrent with the issuance of a Certificate of Occupancy for the Club House modifications, but in no event shall the Temporary Use Permit be valid for more than two years from the issuance of same. 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"ar t1~ .~ Q~ L m `~ ~. ^~ W ~~ ^i/lA~11A VI L Q {~ V L 0 a~ ...~ 3 ca w MEMORANDUM TO: Mayor and City Commissioners FROM: CANDI JEFFERSON, SENIOR PLANNER PAUL DORLING, AICP, DIRECTOR PLANNING AND ZONING THROUGH: CITY MANAGER DATE: December 29, 2009 SUBJECT: AGENDA ITEM 9.B. -REGULAR COMMISSION MEETING Off' JANUARY 5, 2010 CONDITIONAL USE RE UEST/EUROPCAR ITEM BEFORE COMMISSION The action requested of the Ciry Commission is consideration of a conditional use request to allow expansion of an existing auto repair facility. The proposal wiIl add a 540 sq. ft. paint booth addition on the west side of the existing autobody and repair shop garage for Euxopcax, located on the south side of SE 4th Street, just west of the FEC Railroad in the CBD-RC Zoning District. BACKGROUND The subject property is 0.205 acres and contains a 2,348 sq. ft. building built as an auto repair and service center in 1950. The building has six {6) bays occupied by several tenants. Among those tenants is the applicant, Europcar, who rents two (2) combined bays for purposes of auto body repair. Europcar is now seeking to expand the use to include painting of serviced vehicles. The use falls within the category of automobile repair and automobile detailing, and requires the processing of a conditional use in the CBD-RC (Central Business District -Railroad Corridor) zoning district. The proposed paint booth will occupy 540 sq. ft. west of two (2) bays adjacent to the southwest portion of the existing building. Business hours will be Monday through Friday, 8:44 am to 6:30 pm and Saturday, 8:30 am to 2:00 pm. Pursuant to LDR Section 4.4.28{D)(2), the addition of a 540 sq. ft. paint booth requires the addition of two (2) additional parking spaces. The existing auto repair shop is currently nonconforming with respect to parking (l3 required, 9 provided), Central Business District (CBD) design guidelines, open space, landscaping and building height. However these deficiencies are considered a grandfathered nonconformity. With this proposal a cross access easement or agreement must be established over adjacent property to the east. Additionally, acknowledgement from the adjacent property owner to the west that future redevelopment will not encroach into the existing setback area (l0' building separation) shall be provided. The paint booth is to be constructed to be in compliance with Environmental Protection Agency {EPA) standards, Florida Wind Load Standards and Florida Building and Fire Code Standards. These provisions are attached as part of the conditions of approval listed in the Planning and Zoning Board staff report. REVIEW BY OTHERS The Planning and Zoning Board considered the conditional use request far Europcar on December 21, 2009, and recommended approval subject to conditions on a 6-0 vote. RECOMMENDATION Approve a conditional use request to allow a construction of a l6' high, 540 sq. ft. paint booth on the west side of the existing autobody and repair shop garage for Europcar, based upon positive findings of LDR Section 2.4.5(B)(5) subject to conditions contained in the Planning and Zoning Board staff report. ..~. IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA CONDITIONAL USE REQUEST FOR EUROPCAR ORDER OF THE CITY COMMISSION OF THE C[TY OF DELRAY BEACH, FLORIDA ~. This conditional use request has come before the City Commission on January 5, 2010. The conditional 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 City staff, applicant, and other persons have presented documentary evidence and testimony to the City Commission pertaining to the conditional use request of Europcar. AI! of the evidence is a part of the record in this case. Required findings are made in Sections l and II below. I. COMPREHENSIVE PLAN A. Concurrency: Objective B-2 of the Land Use Element of the Gomprehensive 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? Yes No II. LDR REQUIREMENTS A. Section 2.4.5(E)(5) requires certain 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 ar redevelopment of nearby properties. 1 Will Section 2.4.5(E)(5j be met? 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 facts 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 Order this day of January 2010, by a cote of in favor and opposed. ATTEST: Che~elle Nubin City Clerk Nelson S. McDuffie, Mayor 2 EXHIBIT "A" Conditions Related to Europcar Conditional Use Pursuant to LDR Section 4.6.9(D)(6}{b), handicap parking spaces shall be clearly striped and marked in accordance with Florida Accessibility Code for Building Construction and shall have a sign at the head of the stall reserving it for handicap parking only. Provide a site plan which graphically indicates the location and striping of the handicap space. Also include a detail of the proposed or existing I~andicap signage. 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 for 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 $15,600 per space for CBD-RC zoned parcels west of the 1CWW. 4. Modify the site plan to demonstrate a clear unobstructed vehicular pathway to the rear of the proposed structure. Otherwise, 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){S}, vehicle access shall be available to the rear of the structure to allow less than a 10' setback on the side interior property line. It is noted while up to a zero side interior setback is allowed under those conditions, a 10' building separation still applies. 5. Provide a copy of the crass 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 4c' Street to all bays, new paint spray booth and the off=site parking spaces. 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 required for the 540 sq. ft. paint booth shall be available in perpetuity. 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. Florida windload requirements and EPA standards for paint booth design shall be accommodated within your proposal and compliance will be demonstrated, prior to building permit issuance. Florida Fire and Building Cade standards for paint booth design which shall be accommodated within your proposal and compliance will be demonstrated, prior to building permit issuance. 10. The existing 335 sq. ft. of landscaping shall be upgraded to match the original plant material, and an updated planting plan should be provided. 'ITEM BEI=OR>C THE>BOARD The action before the Board is to make a recommendation to the Ci#y Commission on a request for conditional use to expand an existing auto repair facility by adding a paint booth addition for Europcar, pursuant to LDR Section 2.4.5{E). The business is currently established as a auto repair and body shop and is located on the south side of SE 4th Street, just west of the FEC Railroad. BACKGROUND The subject property contains 0.205 acres and is zoned CBD-RC (Central Business District - Railroad Corridor) and has a Future Land Use Map (PLUM) designation of CC (Commercial Core). The site contains an existing 2,348 sq. ft. building which was built as an auto repair and service center in 1950. The building contains six {6) bays occupied by several tenants. Among those tenants is the applicant, Europcar, why rents two (2) combined bays for purposes of auto body repair. Europcar is now seeking to expand the use to include the painting of serviced vehicles. On November 16, 2009 the Planning & Zoning Board considered a conditional use modification for Europcar. At that time, the proposal was deemed significant by the Board, thus requiring a new conditional use application. The item was tabled by the Board in order #v allow adequate time for public notification. Europcar is now before the Board requesting a new conditional use tv expand the auto body repair business to include a paint booth on-site at the auto body repair shop. ':PROJECT D~SCRIFT{ON The request is to establish a paint booth for Europcar located at 100 SE 4~' Street. The use falls within the category of automobile repair and automobile detailing, and requires the processing of a conditional use in the CBD-RC (Central Business District -Railroad Corridor} zoning district. The proposed paint booth will occupy 540 sq. ft. west of two (2) bays adjacent the sou#hwest portion of the existing building. Business hours will be Monday through Friday, 8:00 am to 6:30 pm and Saturday, 8:30 am to 2:00 pm. There will be two (2) employees working in the mechanical repair shop and two (2) employees working in the auto body shop. Parking for the employees is available on site. However, pursuant to LDR Section 4.4.28.D.2., the addition of a 540 sq. ft. paint booth shall require the addition of two (2) additional parking spaces, which are proposed off-site via an off-site parking agreement with an adjacent property owner. The current auto repair shop is currently nonconforming with respect to parking {13 required, 9 provided), however this deficiency is considered a grandfathered nonconformity. However, with the condi#iona! use ,only the two (2) new spaces are required. Access to the site is primarily through aprivately-owned driveway east of the property and adjacent to the FEC railroad right-of-way. To assure con#inued access to the site, the new paint booth as well as the two (2) new off-si#e parking spaces, a cross access agreement over this area will be required and is attached as a condition of approval. Planning and Zoning Board Staff Report -December 21, 2009 Eurapcar at 100 SE ~cn Streek -Conditional Use Request Page 2 CONDIT[ONAL: USE :ANALYSIS REQUIRED FINDINGS Cha ter 3 -Performance Standards : Pursuant to Section 3.1.'1 {Required Findings), prior to the approval of development applications, certain findings must be made in a form which is part of the official record. This may be achieved through information on the application, the staff report, or minutes. Findings shall be made by the body which has the authority to approve or deny the development application. These findings relate to the following four areas. FUTURE LAND USE MAP: The use or structures must be allowed in the zoning district and the zoning district must be consistent with the land use designation. The subject property has a Future Land Use Map designation of CC (Commercial Core) and a zoning designation of CBD-RC (Central Business District -Railroad Corridor). The CBD-RC zoning district is consistent with the CC Future Land Use Map designation and "automobile repair and automobile detailing" is listed as a conditional use in the CBD-RC district. 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 wi#hin the Comprehensive Plan. The development proposal is the construction of a 1$' x 30', 540 sq. ft. paint booth west of the two (2) existing bays housing an auto body and repair shop for Europcar. As described in Appendix "A", a positive finding of concurrency can be made as it relates to applicable standards such as water and sewer, streets and traffic, drainage and solid waste. CONSISTENCY: Compliance with performance standards set forth in Chapter 3 and required findings in Section 2.4.5(E)(5) for the Conditional use request shall be the basis upon which a finding of overall consistency is to be made. Other objectives and policies found in the adopted Comprehensive Plan may be used in making a finding of overall consistency. A review of the objectives and policies of the adopted Comprehensive Plan was conducted and the following applicable objective was found. Future Land Use Element - Objective A-1: Property shall be developed or redeveloped, in a manner so that the future use and intensity is appropriate in terms of soil, topographic, and other applicable physical considerations; is complementary to adjacent land uses; and fulfills remaining land use needs. A ten foot building separation is required between the paint booth and the building to the west pursuant to Fire and Building Code requirements. The applicant is utilizing 4.7 feet of his property and 5.6 feet of the adjacent property to meet this separation requirement. Confirmation from the adjacent property owner and acknowledgement that no future building will be constructed within 5.6 feet of his property line will be required. It is noted that, this 5.6' area is within the side setback area which can have a zero setback. With respect to use and intensity, the existing development has a grandfathered deficiency of 4 parking spaces (13 required, 9 provided). This proposed use requires two (2) additional parking spaces to accommodate the Planning and Zoning Board Staff Report -December 21, 20D9 Europcar at 100 SE 4t~' Street -Conditional Ilse Request Page 3 540 sq. ft. paint booth. The provision of these additional spaces will be accommodated via an off-site parking agreement and construction of the spaces immediately to the south. COMPLIANCE WITH THE LAND DEVELOPMENT REGULATIONS fLDRs}: Items identified in the Land Development Regulations shall specificalty be addressed by the body taking final action on the site and development applicationlrequest. LDR Section 4.3.4fK1: Development Standards Matrix ~- Nonresidential Zoning Districts The following table indicates that the existing building for the proposed development does nvt comply with LDR Section 4.3.4(K} Central Business District -Railroad Corridor zoning district design guidelines, minimum building height and open space. These conditions are considered nonconforming and will not be further impacted by the new development. The new structure does meet the applicable setback requirements, however, it does not meet the minimum required building height. - - Standard.' Provcded: Bcriidiftcd Neight: 25' min. 48' max. 16' _ Buiidir~cd Setbacks; Fronf (North) 5' min. (70%) 15' max. 90%) 20.1' (100%} Rear (South} 10' 18.8' Side Street (East) 5' min. (70°1°) 15' max. (90%) 19.7' (100%} Side Interior (West} ~' 4.4' Open S ice; 10% 0.037% A waiver to the minimum 25' building height has been requested and is discussed below: ^WAIVER ANA`LYS[5 ~ Pursuant to LDR Section 2.4.7(8)(5), prior to granting a waiver, the approving body shall make a finding that the granting of the waiver: (a} Shall not adversely affect the neighboring area; (b} Shall not significantly diminish the provision of public facilities; {c) Shall not create an unsafe situation; and (d} Does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. Minimum Building Height Requirement: Pursuant to LDR Section 4,4.13(F)(1)(a), overall height of 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. Planning and Zoning Board Staff Report -December 21, 2009 Europcar at 100 SE 4`h Street -Conditional Use Request Page 4 Waiver Anal sis: The waiver request is to reduce the overall height from 25 feet to 16 feet as per LDR Section 4.4.13.(F)(1)(a). It is noted that this regulation usually applicable when applied to brand new development or a significant redevelopment of the property. The purpose of the minimum height requirement is to provide a uniform streetscape. The paint booth is accessory to the primary structure and located to the side and rear of the existing structure. Given the scale of the existing building (16'), application of this requirement to the proposed paint booth would be inappropriate. The paint booth is intended to be sympathetic to the scale of the existing building to the east. A 25 foot structure would overwhelm the existing structure. Likewise, a taller metal building would not meet windload requirements per the Fire and Building Code. Therefore, the waiver is supportable and positive findings can be made with respect to LDR Section 2.4.7{B)(5), Waiver Findings. LDR Article 4.6 -Supplemental District Regulations; Parking (LDR Section 4.6.9: Pursuant fo Section 4.6.9(C)(5)(6), Vehicle Paint, Body, and Repair Shops shall provide 4.5 spaces per 7,000 sq. ft. of total floor area. Currently, the parking lot is striped to allow for nine (9} parking spaces. Consequently, only seven (7) parking spaces are accessible because two (2) spaces are located inside a fenced area which is not readily accessible to the general public and current contains scrap automobile metal and body parts. Based on the 2,9'{9 sq. ft. existing building, thirteen {13) parking spaces are required {2,91911,000 x 4.5 = 13.'!3), resulting in an existing shortage of four (4} parking spaces for the overall site. The proposed paint booth contains 540 sq. ft. The parking requirement for the site is 4.5 spaces per 1,000 sq. ft. of floor area. The parking requirement for proposed paint booth is 2.43 (54011000 x 4.5 = 2.43) rounded down to two (2) spaces. The applicant contends that the additional interior bay areas allot to him the capacity to store as many as three (3) additional cars. However, these spaces would not be accessible as public parking. The applicant has proposed to stripe up to two (Z} additional spaces, located at the southeast corner of the site on an adjacent property. Under this scenario, the new required parking {i.e. 2 spaces) is being accommodated off-site per an off-site parking agreement which shall be established prior to site plan approval. Upon meeting this condition of approval, the parking requirements for the proposed conditional use shall be met. Site Plan Technical Items; While revised plans have accommodated most of staff's concerns, the following items remain outstanding and will need to be addressed prior to site plan certification; Pursuant to LDR Section 4.6.9(D){6)(b), handicap parking spaces shall be clearly striped and marked in accordance with Florida Accessibility Code for Building Construction and shall have a sign at the head of the stall reserving it for handicap parking only. Provide a site plan which 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 farm 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 Planning and Zoning Board StafF Report -December 21, 2009 Europcar at 100 SE ~4`~ Street -Conditions! Use Request Page 5 the front edge of the device to the front of the parking space. Wheel stops for several parking spaces are either non-existing or not functional due to deterioration or displacement. Graphically indicate the proposed iocafions of wheel stops for a!I required parking spaces. Include a wheel stop detail to accompany the site plan. 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 $15,600 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. Otherwise, the proposed paint boothlstorage 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 10' setback on the side interior property line. It is noted while up to a zero side interior setback is allowed under those conditions, a 10' 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`h 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 required for the 540 sq. ft. paint booth shall be available in perpetuity. 7. 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 windload 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. 10. The existing 335 sq. ft. of landscaping shall be upgraded to match the original plant material, and an updated planting plan should be provided. SECTION 2.4,5(E) REQUIRED FINDINGS: (Conditional use } Pursuant to Section 2.4.5(E}(5} {Findings}, in addition to provisions of Chapter 3, the City Commission must make findings that establishing the conditional use will not: A. Have a significantly detrimental effect upon the stability of the neighborhood within which it will be located; B. Hinder development or redevelopment of nearby properties. Planning and Zoning Board Staff Report -December 21, 2009 Europcar at 100 SE 4`" Street -Conditional Use Request Page 6 The following table identifies the zoning designations and uses that are adjacent to the subject property: Zonin Use: North Central Business District - Railroad SE 4 Street right-of-way Corridor CBD-RC South Central Business District - Railroad Undeveloped strip of land Corridor CBD-RC East Central Business District - - Railroad Private driveway & FEC railroad r.a.w. Corridor CBD-RC West Central Business District - Railroad Warehouse with attached apartment Corridor {CBD-RC) With respect to the adjacent uses, there is some concern that the development proposal may hinder the development or redevelopment of the property along the west property line. The adjacent building contains a residential unit with air conditioner units and window openings on the side facing the subject property where the paint booth is to be constructed with a minimal 10' separation. As mentioned earlier, there is some concern that the exhaust and fumes from the paint booth operation may have negative impacts. Pursuant to the Florida Fire and Building Code only a ten foot {10') separation is required. However, in order to maintain the necessary ten feet (10') the applicant shall obtain confirmation from the adjacent property owner to the west verifying that the 10' minimum separation shall be maintained. This will assure That the adjacent property owner will not encroach in the existing 5'6" setback area. The property to the south is an undeveloped strip of land which appears to primarily be outdoor storage at this time. Due to the lot dimensions (18' x 65'), it is unlikely to be developed independently. Therefore, utilization by adjacent properties, in this case for the provision of the two (2) off site parking spaces is a viable alternative for this area and shall not hinder development of the existing property. The applicant is required to establish a perpetual off site parking agreement with this property owner and to maintain legal access to the site. This is attached as a condition of approval. The private driveway along the east property line is currently permitting access to the existing Europcar auto body and repair shop through the gated entrance facing the east. However, there is no assurance that this arrangement shall be continued, since the owner has the right to limit access to his property at any given time in the future. Therefore, the applicant shall officially establish across access agreement with the owner of the private driveway to guarantee perpetual access to the Europcar site, the new paint booth in the rear, and to assure access to the two new parking spaces. With the establishment of the cross access agreement with the property owner to the east, the site can be found in compliance with LDR Section 2.4.5. Based an the above, a positive finding can be made that the proposed development will be compatible and harmonious with adjacent and nearby properties and will not hinder development or redevelopment of adjacent properties, once the conditions of approval are met. REVIEW BY OTHERS The development proposal was reviewed by the CRA (Community Redevelopment Agency) and recommended for approval at their meeting of October 8, 2p09. Planning and Zoning Board Staff Repflrt -December 21, 2009 Europcar at 10fl SE 4`" Street -Conditional Use Request Page 7 Courtes Notice: A courtesy notice has been sent to the Neighborhood Advisory Council. No comments have been received. Public Notice: 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. `: ASSESSMENT AND CONCLUSION; The proposed conditional use request involves the establishment of a paint booth for Europcar, which occupies two {2) bays located at 100 SE 4t" Street. The site is currently nonconforming with respect to Land Development Regulations (LDR} requirements for the Central Business District (CBD) design guidelines, open space, landscaping, building height and parking. This conditional use involves the installation of a new paint booth on the site and creates a need far two (2) additional parking spaces which will be provided via an off-site parking agreement with the adjacent property to the south. Additionally, a cross access agreement must be established over adjacent property to the east. Further, acknowledgement from the adjacent property owner to the west that future redevelopment will not encroach into the existing setback area (10' building separation} shall be provided. The painf booth shall be constructed to be in compliance with Environmental Protection Agency (EPA) standards, Florida Wind Load Standards and Florida Building and Fire Code Standards. These provisions are attached as conditions of approval and must be met before the conditional use is established. ALTERNATfVE ACTIONS A. Continue with direction. B. Deny the waiver and conditional use request for the establishment of a paint booth for Europcar located at 100 5E 4t" Street, based upon a failure to make positive findings with respect to Section 2.4.5(E){5)(Compatibility), fihat the proposed use will hinder development of nearby properties. C. Approve the waiver and conditional use request for the establishment of a paint booth for Europcar at 900 SE 4`" Avenue, based upon positive findings with respect to Section 2.4.5(E)(5) (Compatibility} and Chapter 3 (Performance Standards) of the Land Development Regulations, and the policies of the Comprehensive Plan subject to the following conditions of approval: 1. Pursuant to LDR Section 4.6.9(D)(6}{b), handicap parking spaces shall be clearly striped and marked in accordance with Florida Accessibility Cade for Building Construction and shall have a sign at the head of the stall reserving it for handicap parking only. Provide a site plan which graphically indicafes the location and striping of the handicap space. Also include a detail of fhe proposed ar existing handicap signage. Planning and Zoning Board StafF Report -December 21, 2009 Europcar at 100 5E 4`h Street -Conditional Use Request Page 8 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 for 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 defail 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 $15,600 per space far 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. Otherwise, the proposed paint boothlstorage 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 10' setback on the side interior property line. It is noted while up to a zero side interior setback is allowed under those conditions, a 10' 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 tv the FEC railroad right-of--way. Otherwise, vehicular access shall be demonstrated as feasible from SE 4th Street to all bays, new paint spray boo#h 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 required for the 540 sq. ft. paint booth shall be available in perpetuity. 7. 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 windload 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. 10. The existing 335 sq. ft. of landscaping shall be upgraded to match the original plant material, and an updated planting plan should be provided. Planning and Zoning Board Staff Report -December 21, 2009 Europcar at 100 SE 4cn Street -Conditional Use Request Page 9 ``Rf=COMMENDED ACTION By Separate Motions: Waiver: Recommend approval to the City Commission of the waiver to LDR Section 4.4.13{F)(1)(a), which requires that the overall height of buildings be a minimum of 25 feet, based on a positive finding with respect to LDR Section 2.4.7(B)(5). Conditional Use: Approve the conditional use request to establish a paint booth far Europcar at 100 5E 4tn Street, based upon positive findings with respect to Section 2.4.5{E)(5) {Compatibility) and Chapter 3 (Performance Standards) of the Land Development Regulations, and the policies of the Comprehensive Plan subject to the following conditions of approval: 1. Pursuant to LDR Section 4.5.9(D){5)(b), handicap parking spaces shall be clearly striped and marked in accordance with Florida Accessibility Code for Building Construction and shall have a sign at the head of the stall reserving it far handicap parking only. Provide a site plan which graphically indicates the location and striping of the handicap space. Also include a detai! of fhe 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 for several parking spaces are either non-existing or not functional due to deterioration or displacement. Graphically indicafe the proposed locations of wheel stops for aI! 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 4.5.9(E}{3}(b}(2} may apply. These can be purchased at $15,500 per space for CBD-RC zoned parcels west of the 1CWW. 4. Modify the site plan to demonstrate a clear unobsfrucfed vehicular pathway to the rear of the proposed structure. Otherwise, the proposed paint boothlstorage 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 10' setback on the side interior property trine. It is noted while up to a zero side interior setback is allowed under those conditions, a 10' 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 4tn Street to all bays, new paint spray booth and the off site parking spaces. Planning and Zoning Board Staff Report -December 21, 2009 Europcar at 100 SE 4th Street -Conditional Use Request Paae 10 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 required for the 54fl sq. ft. paint booth shall be available in perpetuity. 7. 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 windload requirements and EPA standards for paint bovth 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. 1Q. The existing 335 sq. ft. of landscaping shall be upgraded to match the original plant material, and an updated planting plan should be provided. Attachments: • Location Map Proposed Site Plan • Boundary Survey • Paint Booth Design and Specifications Planning and Zoning Soard StafF Report -December 21, 2009 Europcar at 100 SE 4`h Street -Conditional Use Request Page 11 APPENDIX "A" CONCURRENCY FINDINGS Pursuant to LDR Section 3.1.1(6), Concurrency, as defined pursuant to Objective B-2 of the Land Use Element of the Comprehensive Plan, must be met and a determination made that the public facility needs of the requested land use andlor development application will not exceed the ability of the City to fund and provide, or to require the provision af, needed capital improvements for the fallowing areas: Water and Sewer: • Water service is existing on the site. • Sewer service is existing on the site. Pursuant to the City's Comprehensive Plan, treatment capacity is available at the City's Water Treatment Plant and the South Central County Waste Water Treatment Plant for the City at build-out. Streets and Traffic: The proposed conditional use to allow construction of a 54D sq. ft. paint booth is estimated to produce 3 additional am peak trips and 4 pm peak trips. This conditional use request will not substantially increase traffic on the adjacent street network. Parks and Recreation Facilities: Park dedication requirements do not apply for non-residential uses. Thus, the proposed development will not have any impact with respect to this standard. Solid Waste: The existing auto body and repair shop use {2,919 sq. ft.) generated 13.57 tons of solid waste per year. The proposed paint booth (540 sq. ft.) will generate an additional 2.5 tons of solid waste per year. The Solid Waste Authority has indicated that its facilities have sufficient capacity to accommodate all development proposals anti! 2021, Schools: School concurrency findings da not apply for non-residential uses. Thus, the proposed development will not have any impacts with respect to this standard. Drainage: Drainage is accommodated on site via an exfiltration trench system. There should be no impact on drainage as it relates to this standard. FROM: CANDI JEFFERSON, SENIOR PLANNER PAUL DORLING, AICP, DIRECTOR PLANNING AND ZONING THROUGH: CITY MANAGER DATE: December 18, 2049 SUBJECT: AGENDA ITEM 9.8.1 -REGULAR COMMISSION MEETING Off' ANUARY 5 2fl10 WAIVER REQUEST/EUROPCAR ITEM BEFORE COMMISSION The action requested of the City Commission is consideration and approval of a waiver to the 25' minimum height requirement per LDR Section 4.4.13{F)(1)(a), associated with a conditional use request. The request will allow expansion of an existing auto repair facility to add a 540 sq. ft. paint booth addition on the west side of the existing autobody and repair shop for Europcar, located on the south side of SE 4th Street, just west of the FEC Railroad in the CBD-RC Zoning District. SACKGROiJND The subject property contains an existing sixteen (16) feet high 2,348 sq. ft. building which was built as an auto repair and service center in 1950 and is considered a grandfathered nonconformity. LDR Section 4.4.13(F)(1)(a) CBD Design Guidelines, requires an overall minimum building height of twenty-five feet (2S') with a maximum of forty-eight feet (48'}. Europcar is seeking to expand their use by constructing a new sixteen (16) feet high paint booth for painting of serviced vehicles. As this proposal does not meet the minimum height of 25', a waiver is requested. WAIVER: Pursuant to LDR Section 4.4.13(F){1)(a) CBD Design Guidelines, the overall height of buildings shall be a minimum of 25 feet with a maximum of 48 feet. The proposed paint booth height is 16 feet. The applicant has requested a waiver from the minimum building height. Pursuant to LDR Section 2.4.7(B} (5), prior to granting a waiver, the approving body shall make a finding that the granting of the waiver: (a) Shall not adversely affect the neighboring area; (b) Shall not significantly diminish the provision of public facilities; (c) Shall not create an unsafe situation; and (d) Does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. The purpose of the minimum height requirement is to pravide a uniform streetscape. The paint booth is accessory to the primary structure and located to the side and rear of the existing structure. Given the scale of the existing building (16'}, requiring the new developement to meet the minimum 25 feet would not be appropriate. The paint booth is intended to be sympathetic to the scale of the existing building to the east and a 25 foot structure would overwhelm the existing structure. Likewise, a taller metal building would not meet windload requirements per the Building Code. The height reduction to 16' for the paint booth will not adversely affect the neighboring area, will not diminish the provision of public facilities or create an unsafe situation and does not result in the granting of a special privilege. Therefore, positive findings can be made with respect to LDR Section 2.4.7(B)(S), Waiver Findings. REVIEW BY OTHERS The Planning and Zoning Board considered the conditional use request and waiver for Europcar on Decerriber 21, 2009 and recommended approval on a 6 to 0 vote. RECOMMENDATION Approve the waiver to LDR Section 4.4.T3(F)(1}(a) to allow a construction of a 16' high, 540 sq. ft. paint booth on the west side of the existing autobody and repair shop garage for Europcar, based upon positive findings of LDR Section 2.4.5{B)(5}. 1N 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 ~ . The waiver request to the 25 foot minimum height requirement fora 540 sq. ft. paint booth addition at Europcar, has come 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 for Europcar. All of the evidence is a part of the record in this case. Required findings are made in accordance with Subsection I. I. WAVER; Pursuant to LDR Section 4.4.13(F)(1)(a), CBD Guidelines, the overall height of 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 LDR Section 2.4.7(6)(5), prior to granting a waiver, the approving body shall make a finding that the granting of the waiver: (a} Shall not adversely affect the neighboring area; (b) Shall not significantly diminish the provision of public facilities; (c) Shall not create an unsafe situation; and (d) Does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. Would the waiver of Section 4.4.13(F)(1)(a) to the 25 foot minimum height requirement in the CBD comply with the requirements of 2.4.7(8){5}? Yes No 3. The City Commission has applied the Comprehensive Plan and LDR requirements in existence at the time the original development application was submitted and finds that its determinations set forth in this Order are consistent with the Comprehensive Plan. 4. The City Commission finds there is ample and competent substantial evidence to support its findings in the record submitted and adapts 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 Cammission 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 adapts this Order this 5th day of January, 201 ~, by a vote of _ in favor and ____ opposed. ATTEST: Nelson S. McDuffie, Mayor Chevelle Nubin, City Clerk 2 MEMORANDUM TO: Mayor and City Commissioners FROM: Estelio Breto, Senior Planner Paul Dorling, AICP, Dixector of Planning and Zoning THROUGH: City Manager DATE: Decetx~;bex 30, 2009 SUBJECT: AGENDA ITEM 9.C. -REGULAR CO1I~IlVIISSION MEETING OF .IANUARY 5, 2010 CONDITIONAL USE REQUEST/DELRAY SCRAP RECYCLING ITEM BEFORE COMMISSION Consideration of a conditional use request to establish a scrap metal recycling and storage facility known as Delray Scrap Recycling. The scrap metal recycling use requires a Conditional use approval CRef. LDR Section 4.4.20(D) {16)] within the Industrial (I) zoning district pursuant to LDR Section 2.4.5(E). BACKGROUND The subject property includes Lots 3 thru 12, inclusive, Black 2, of the Delray Beach Heights Extension Section "B", according to the Plat recorded in Plat Book 27, Page 10 of the Public Records of Palm Beach County. The subject property is zoned Industrial (I} and is to be located at 72S SW 160i Avenue, in Bay #6 (north end of the building}. The balance of the building is currently occupied by various multiple tenants and uses including three auto xepair bays, one wholesale soap and janitorial bay, and another vacant bay. LDR Section 4.4.20 (D}(16), allows scrap metal recycling as a conditional use when all operations and storage are in a completely enclosed building, which generates no emissions, and which does not create a noise distuxbancein violation of Chapter 99 of the City Codes. REVIEW BY OTHERS At its meeting of December 10, 2009, the Community Redevelopment Agency (CRA) recommended approval of the conditional use request. At its meeting of December 21, 2009, the Planning and Zoning Board held a public hearing and discussions centered around the following issues: On and off site stacking which would impact the flow of traffic along adjacent roadways; Overflow vehicles standing along adjacent roads of vehicles waiting to unload metal; and Provision of an adequate circulation flow for loading or unloading opexations which would take access from SW 16~ Avenue pass thxough the building and exit onto to SW 15~' Avenue. Presentations were made by staff and the applicant. Staff recommended that the applicant should provide 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 which included passing through the building with unloading to occur inside. Aftex listening to the applicant the Planning and Zoning Board felt the circulation concerns were not an issue given the low adjacent street traffic volume. The Board moved a recommendation of approval of the conditional use request (allowing the establishment of the Delray Scrap Recycling facility) on a vote of 4-2, subject to conditions (except staff condition #2) by adopting the findings of fact and law contained in the staff report. Additional background information and full analysis of the proposal can be found in the original Planning and Zoning Board staff report, dated December 21, 2009. RECOMNiENDAT~ON Move approval of the Conditional Use request to establish a scrap metal recycling and storage facility known as Delray Scrap Recycling, by adopting the findings of fact and law contained in the staff report, and finding that the request is consistent with the Comprehensive Plan and meets criteria set forth in Land Development Regulations, Section 2.4.5(E), Section 4.4.20(D} (l6)and Chapter 3 subject to the following conditions: 1. That the Delray Scrap Recycling facility operates Monday through Friday, 5:00 a.m. to 5:00 p.m. and Saturday $:00 a.na. to 2:00 p.m.; 2. That the glans 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 for loading or unloading operations will be taken fram SW 16th 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. IN THE CITY COMMISSION CHAMBERS OF THE C[TY 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 Commission on January 5, 201 a. The conditional use request is to establish a scrap metal recycling and storage 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 below. h COMPREHENSIVE PLAN A. Concurrency: Objective B-2 of the Land Use Element of the Comprehensive Plan requires that development not exceed the ability of the City to fund and provide, or to require the provision of, needed capital improvements for the following areas: Are the concurrency requirements met with respect to water, sewer, drainage, streets and traffic, parks, open space, solid waste and schools? Yes No II. LDR REQUIREMENTS A. Section 2.4.5(E)(5} reguires_c_ertain findings: The conditional use will not: 1. Have a significantly detrimental effect upon the stability of the neighborhood within which it wi11 be located; 2. Hinder development or redevelopment of nearby properties. 1 Will Section 2.4.5(E}(5} be met? Yes N o 3. The City Commission has applied the Comprehensive Pian 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 facts 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 conditiona! use application subject to the conditions attached hereto in Exhibit "A" and hereby adopts this Order this day of January 2010, by a vote of in favor and opposed. Nelson S. McDuffie, Mayor ATTEST: Chevelie Nubin City Clerk z EXI-IIBIT "A" Conditions Related to Delray Scrap Recycling Conditional Use 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/loadirag space location for vehicles, the designated storage and office area, and a circulation flow indicating that in-coming access to the bay for loading or unloading operations will be taken from SW 16`~ Avenue witl~ 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. PLANNING AND ZONING BOARD CITY OF DELRAY BEACH ---STAFF REPORT--- MEETING DATE: December 21, 2009 AGENDA ITEM: I~•D ITEM: Conditional Use request to establish a scrap recycling facility known as Delray Scrap Recycling. The property is located at 725 SW 16t" Avenue, Bay #fi, and is approximately 15o feet south of SW 7"' Street, Between SW 1Bt" Avenue and SW 15 ° Avenue. GENERAL DATA: Agent-•----...-•-•-•-• ............. Applicant ......................... Location ........... ......... ...... Properly Size .................. Future Land Use Map..... Current Zoning ............... Adjacent Zoning....North: East: South: West: Existing Land Use.......... Proposed Land Use......,. Water Service ................. Sewer Service ................ Michael Weiner & Associates Delray Scrap Recycling, LLC 725 SW ~ 6°h Avenue, Bay ##6 a.75 Acre IND (industrial) (Industrial) Gl= (Community Facility) Li (Light industrial) l (industrial) 1 (industrial} Vacant bay. Delray Scrap Recycling. Available via connection to an existing 6" service that runs parallel to SW 7~' Street r-o-w. . Available via connection to an existing 8" sewer main located along SW 15t'' Avenue r-o-w. ~ ,~ ~ ~w ~ f1 DELRAY / sw FflLL S~RUICE CENTER € f s.w.4~x sr. a ~' 3 n K u~1 s.w. W r ,~ ~ ~ Al3B d' SW. 71}S S7. TEAR. W ~w. ~; ~ ~ ~ ~ ~ ~~ - ~ a € N 3 S 3 ~ ~ ~ ~ ~ . °. S. W. 10~I1i 5'I'ftEET } , ~ ., } ~ t ' ~ Ro The action before the Board is making a recommendation to the City Commission on a request for a Conditional Use, to establish a scrap metal recycling facility know as Delray Scrap Recycling pursuant to LDR Section 4.4.20 {D)(16). The property is located at 725 SW 16~' Avenue, Bay #6, at approximately the northeast corner of SW 7t~' Street and SW 16t~' Avenue. The subject property involves Lots 3 thru 12, inclusive, Block 2, of the Delray Beach Heights Extension Section "B", according to the Plat recorded in Plat Book 27, Page 10 of the Public Records of Palm Beach County. The subject proper#y is zoned industrial {l) and is located an the south portion of Lot 12, Delray Beach Heights Extension plat. Bay #S is located in the north end of the building which occupies a 0.75 acre property. The building is currently occupied by various multiple tenants and uses including three auto repair bays, one wholesale soap and janitorial bay, and this vacant bay. The applicant is seeking conditional use approval pursuant LDR Section 4.4.20 {D}(16) to allow the installation of scrap metal recycling and storage facility known as Delray Scrap Recycling. Based on Land Development Regulations (LDR} Section 4.4.20 (D}(16}, scrap meta! recycling is allowed as a conditional use when all operations and storage are in a completely enclosed building, which generates na emissions, and which does not create a noise disturbance in violation of Chapter 99 of the City Codes. This conditional use application is now before the Board for consideration. The request is to establish a scrap metal recycling and storage facility known as Delray Scrap Recycling. The scrap metal recycling use requires a Conditional use approval [Ref. LDR Sectian 4.4.20(D) (1B)) within the #ndus#rial (1) zoning district. The applicant has indicated the scrap recycling facili#y involves the buying of copper, aluminum, stainless steel, aluminum cans from the public, plumbers, electricians and shutters contractors. The product is delivered to the site by pick-up trucks and cars, stored indoors for up to two weeks, and then loaded twice a month into a truck, AEI operations will take place indoor inside the existing building. The business will have one ful! time employee and two part time employees. Business hours will be 8:00 a.m. to 5;00 p.m. Monday through Friday and 8:00 a.m. to 2:00 p,m. on Saturday. The facility wil! contain an office area of 490 sq. ft. and a s#orage area ofi 1,960 sq. ft. with total square footage of approximately 2,450 sq. ft.. IVo exterior alterations of the building are being proposed. Planning and Zoning Board Staff Report: Meeting Date 12/21/09 Delray Scrap Recyciing -Conditional Use Page 2 REQUIRED FINDINGS: _(Chapter 3~: Pursuant to Section 3.1.1 (Required Findings), prior to the approval of development applications, certain findings must be made in a form which~is part of the official record. This may be achieved through information on the application, the s#aff report, or minutes. Findings shall be made by the body which has the authority to approve or deny the development application. These findings relate to the following four areas. FUTURE LAND USE MAP: The use or structures must be allowed in the zone district and the zoning district must be consistent with the land use designation}. The subject property has an IND (Indus#rial) Future Land Use Map (PLUM) designation and is zoned Industrial (I). The Industrial zoning designation is consistent with the IND Land Use Designation. The proposal is to operate a scrap recycling facility. Pursuant to the LDR Section 4.4.2a(D) (16), within the Industrial zoning district, scrap metal recycling is allowed as a conditional use when all operations and storage are in a completely enclosed building, generates na emissions, and does not create a noise disturbance in violation of Chapter 99 of the City Codes. Based upon the above, a positive finding can be made with respect to consistency with the Future Land Use Map designation. CONCURRENCY: Facilities which are provided by, or through, •the City shall be provided to new development concurrent with issuance of a Certificate of Occupancy. These facilities shall be provided pursuant to levels of service established within the Comprehensive Plan, Concurrency as defined pursuant to Objective B-2 of the Future Land Use Element of the Comprehensive Plan must be met and a determination made that the public facility needs of the requested land use andlor development application will not exceed the ability of the City to fund and provide, or to require the provision of, needed capital improvements in order to maintain the Levels of Service Standards established in Table CI-GOP-1 of the adopted Comprehensive Plan of the City of Delray Beach. The development proposal is to operate a scrap recycling facility. The proposed scrap recycling facility will not have a negative impact with respect to concurrency as it relates to trafhc, parks and recreation, water and sewer, solid waste, ar schools. Water and Sewer: With respect to water and sewer service, the following is noted: ^ Water service is provided via a service lateral connection to the existing 6" water main that runs parallel to SW 7~h Street r-o-w. D Sewer service is provided via a service lateral connection to the existing 8" sewer main located along SW 15jh Avenue r-o-w, ^ Adequate fire suppression is provided as a fire hydrant is located on the west side of SW 15in Avenue right-of-way. Pursuant to the City's Comprehensive Plan, treatment capacity is available at the City's Water Treatment Plant and the South Central County Waste Water Treatment Plant for the City at build-nut. Based upon the above, positive findings can be made with respect to this level of service standards. Planning and Zoning Board Staff Report: Meeting Date 12!21109 Delray Scrap Recycling -Conditional Use Page 3 Traffic. The subject property is zoned Industrial (I) and is located on the south portion of Lot 12, Delray Beach Heights Extension. The site in question is a portion of an overall 0.75 acre property containing an existing industrial building with associated parking, which is currently occupied by various multiple tenants and uses including three auto repair bays, one wholesale soap and janitorial, and one vacant bay. The proposed Delray Scrap Recycling facility will contain an office area of 490 sq. ft. and a storage area of 1,960 sq. ft. with total square footage of approximately 2,450 sq. ft.. No exterior alterations of the building are being proposed. The building fronts on SW 15~h Avenue and SW 16E~ Avenue with access driveways from both right- of ways. The trip generated by the proposed scrap metal recycling facility will be less than 200 ADT, and thus, will nat have a significant impact in the adjacent network road. Parks and Recreation Facilities: Park and Recreation requirements do not apply for non-residential uses. Solid Waste: Trash generated each year by the proposed 2,450 sq.ft. scrap metal recycling facility is equivalent to 8.57 tons of solid waste per year [2,450 sq.ft. x 7.0 lbs. W 17,150 1bs.12,000 = 8.57 tons]. The Solid Waste Authority has indicated that its facilities have'sufficient capacity to handle all development proposals until the year 2021, thus a positive finding with respect to this level of service standard can be made. CONSISTENCY: Compliance with performance standards set fiorth in Chapter 3 and required findings in Section 2.4.5{E} {5) for the Condi#ional Use request shall be the basis upon which a finding of overall consistency is to be made. Other objectives and policies found in the adopted Comprehensive Plan may be used in making a finding of overall consistency. A review of the goals, objectives and policies of the City's adopted Comprehensive Plan was conducted and no applicable objectives or policies were found. However, the requested use will not represent an increase in intensity with respect to the existing uses in the building nor will it be inconsistent with objectives and policies of the comprehensive plan. SECTION 2.4.5(E) REQUIRED FINDINGS: (Conditional Use) Pursuant to Section 2.4.5{E) (5} (Findings), in addition to provisions of Chapter 3, the City Commission must make findings that establishing the conditional use will not: A. Have a significantly detrimental effect upon the stability of the neighborhood within which it will be located; B. Nor that it will hinder development or redevelopment of nearby properties. The following zoning designations and uses abut the subject property: Planning and Zoning Board Staff Report: Meeting Date 12/21/09 betray Scrap Recycling -Conditional Use Page 4 Zonin Desi nation: Use: North: Communit Facilit CF Catherine Stron Park South: industrial (I} Warehouse and Distribution Facility built in 1984 Easf: Light Industrial (LI} Warehouse and Distribution Facility built in 2003 West: Industrial {I} Warehouse and Distribution Facility built in 1978 The proposed scrap metal recycling facility will be compatible with the adjacent warehouse and distribution uses in the vicinity. The applicant has indicated the scrap recycling facility involves the buying of copper, aluminum, stainless steel, aluminum cans from the public, plumbers, electricians and shutters contractors. The product is delivered to the site by pick-up trucks and cars, storage far ~up to two weeks, and then loaded twice a month into a truck. All operations will take place indoor inside the premises. There can be no outside storage of material of any kind. The business will have one full time employee and two part time employees. The applicant has indicated that Delray Scrap Recycling will operate Monday through Friday, 8:00 a.m. to 5:00 p.m, and Saturday from 8:OD a.m. to 2:00 p.m. A condition of approval is attached that na storage of metal or material of any kind is permitted outside the building and that ai! loading or unloadinct of scrap metal shall take place inside the building. . Therefiore, provided the conditional of approval is addressed, a positive finding can be made that the proposed conditional use will not have a detrimental effect on the stability of the neighborhood nor that it will hinder development or redevelopment of nearby properties. COMPLIANCE WITH THE LAND DEVELOPMENT REGULATIONS: Items identified in the land Development Regulations shall specifically be addressed by the body taking final action an the site and development applicationlrequest. LDR Section 4.3.4(K) Development Standards Matrix: The following table indicates that the proposal complies with LDR Section 4.3.4{K) and Section 4.4.20 as it pertains to the Industrial zone district. Re aired Provided Buildin Hei ht (max.) 48' 25' Building Setbacks (min. - Front 30' 30' Side Interior 10' 10' Side Street 3D' 30 Rear 10' NIA O en S ace 25% 25.5% Planning and Zoning Board Staff Report: Meeting Date 12/21/09 Delray Scrap Recycling -Conditional Use Page 5 LDR Chapter 4.6 Supplementary District RegulatiorES; Parking: Pursuant to LDR Section 4.6.9(C)(5}(a), general Indus#rial uses shall provide parking at the rate of 3 spaces per 1,000 sq.ft. of gross floor area devoted to such uses. 1!n addition, 1 space shall be provided for each 1,000 sq.ft. of gross floor area devoted #o s#orage and warehouse use. The proposed 2,450 square feet Delray Scrap Recycling requires 3 parking spaces while flour spaces are being provided which exceeds the LDR requirement [for the office use 49011,000 x 3 = 1.47; and for the storage use 1,96011,000 x 1= 1.96). Therefore, no issues are anticipated with respect to parking. However, it is noted that no storage of metal or material of any kind is permitted outside the building and that all loadin or unloadin of scra metal shall take place inside the building. Circulation. The plans submitted will need to show a circulation pattern for drop off and loading functions. This should include a floor plan design of the interior bay depicting the unloadinglloading vehicular space location, the designated storage and office area, and a circulation flow indicating that incoming access to the bay for loading or unloading operations will be taken from SW 16th Avenue with an exit through to SW 15~' Avenue, and thus, this is attached as a condition of approval. Use and Opera#ing Restrictions: The Industrial {l} zone district contains several requirements pertaining to the general operation of industrial and related uses. Industrial related uses must comply with "Special Regulations" of the Industrial (1) zone district [LDR Section 4.4.20(H} (1) through (3)]. Items (1), (2), and (3), as they pertain to the conditional use request are discussed below: {1 } Loading and unloading shall be restricted to side and rear yards and shall be prohibited within the front yard setback. Analysis: The applicant has indicated that all operations of the business will take place inside the building. There will be no loading or unloading of any material, product or goods outside the building. Also, loading or unloading of any material, products, ar goods is prohibited within the front yard setback. All unloading or loading vehicles must pull into the building for unloading or loading functions. Customers waiting to unload must park and wait, and thus, this is attached as condition of approval. (2) Within the front yard setback, the first ten feet {10') abutting the right-at way shall be a landscaped area within. which no paving shall be allowed except far driveways and walkways leading to structures on the premises. Such driveways and walkways shall be generally perpendicular to the property line. Analysis: The existing building can be accessed from SW 16th Avenue and SW 15th Avenue. A review of the site plan submitted by the applicant and a site visit revealed an existing 10' wide landscape setback and two access driveways along the two building frontage (east and west). Both access driveways lead into the structure of the premises. The Planning and Zoning Board Staff Report: Meeting Date 12121/09 Delray Scrap Recycling -Conditional Use Page 6 landscape area is well maintained, and thus, staff has no concerns regarding this LDR requirement. (3) Overhead doors shall be prohibited from facing the right-of-way of an arterial ar collector street. Analysis: This is an existing structure built in 1986. Neither street is classified as arterial or collector street, and thus, this LDR requirement does not apply. Lighting: Pursuant to LDR Section ~4.6.$ (Lighting), lighting is existing on site for the industrial establishment and appears to be in compliance with LDR Section 4.6.8. Landscape Requirements: A visit to the site revealed that the landscape material required is in place and well maintained. Community Redevelopmen# Aaency (CRA}: At its meeting of December 10, 2009, the Community Redevelopment Agency (CRA} recommended approval of the conditional use request. Courtesy Notices: Courtesy notices have been sent to the following homeowner's andlor civic associations: ^ Advisory Council ^ Progressive Residents of Delray (P.R.O.D.} ^ Delray Beach Heights ' Formal public notice has been provided to property owners within a 500' radius of the subject i property. Letters of objection or support, if any, will be presented at the Planning and Zoning Board meeting. The proposal includes the request for a Conditional Use to establish a scrap recycling facility, pursuant to LDR Section 4.4.20 {D)(16). The site is located at 725 SW 16tt' Avenue, Bay #6, on the northeast corner ofi SW 7th Street and SW 16~h Avenue. The property is part of the Industrial {I) zoning district. No exterior alterations of the building are being proposed. Provided the conditions of approval are addressed or adhered to the proposed use is consistent with the policies of the Comprehensive Plan and Chapter 3 of the Land Development Regulations. Positive findings can be made with respect to Section 2.4.5{E} {5) that it will not have a significantly detrimental effect upon the stability of the neighborhood not will it hinder development or redevelopment of nearby properties. Planning and zoning Board 5taf€ Report: Meeting Date 12/21/09 Delray Scrap Recycling - Conditional Use Page 7 A. Continue with direction. B. Move a recommendation of approval of the request for a Conditional Use to establish a metal scrap recycling facility known as Delray Scrap Recycling, by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets criteria set forth in Sections 2.4.5(E) (5), and Chapter 3 of the Land Development Regulations. C. Move a recommendation of denial of the request far a Conditional Use to establish a metal scrap recycling facility known as Delray Scrap Recycling, by adopting the findings of fact and law contained In the staff report, and finding that the request is inconsistent with the Comprehensive Plan and does not meet criteria set forth in Sections 2.4.5(E) (5), and Chapter 3 of the Land Development Regulations. Move a recommendation of approval of the request for a Conditional Use to establish a metal scrap recycling facility known as Delray Scrap Recycling, by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereofi is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(E) {5), and Chapter 3 of the Land Development Regulations. With said approval to be subject to the following conditions: 1. That the Delray Scrap Recycling facility shall operate 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 unioadinglloading space location for vehicles, the designated storage and office area, and a circulation flow indicating that in-coming access to the bay for loading or unloading operations will be taken from 5W 16rh Avenue with an exit through to SW 15tr' Avenue; and 3. That no storage of metal products or material of any kind is permitted outside the building and that ail loading or unloading of scrap metai 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. Attachments: Locafion Map, Survey, and Site plan - S#aff Report Prepared Sy: Esteiio Bretn, Senior Planner 4TFt IU~ Lil Q F-- J~ LLJ Z 7TH 5T. S, W. 4TIi ST. a AUBURN x r-- ~ ~ U ~_ U ~ P ~ ~ vi AUBURN DR. ~ V J~ ~ ~ ~ F ~ m m a C~~ ~J ~J AUBURN C4 R. 5. AUBURN TERR. 50. ~ S.W. 7TH ST. ~`a! S. W. 7TFi CT. vi a ~ ~ m u~ tr ~ ~ r vi vi v7 - S W 10TH STR~~T 0 vi '~` - - N -- suez-ECG ei<oPEarr. 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'~ d a i i4 i; I ~~~n i Z ri ~ ~i ~ ~i',~ 1~T~ $` i ~ d. a a' ~ o. ~ Y it I ,isr _ ~~4~ I I ~ ~ ~ v~ ' Fs ~ ~~ ~~~ •~ v ~~~ ~ ~ -~ ~ ~ la mi t ~ ~ ~ i ~; ~~~ ~ ~ ~~ ;~ a "~ ~a~ t~, ~ ~i ~ '~ :; ~Y - ; y ~ ~ ~` v. ~ mi ~ ~ °~ ~ ~ ~ Is ~' .J ~ I I I 4 Y ~ j: ~ r[! ~ ~I 4 ~ ~ ~ ~ ~~~ ~ y'; 1{ } , i ~ i I rl 1• _ 4 ~ ~ P~ ` '' ~. I ~ I ~ .r ` .rs I i R I Y ~~ I e` ~~~ i\ti ~~ 4 ` e ~" .. _.... ~ .. ..___....6._.~ ~ ~ W ~I ~----~ - t_ .._ _.... - - - • .._ ~? ..,~ ~ v z~a ;, r ~ ~ ~~~ ~~~ ~~ ~~' ~} ~ ~ ~ ~ . ~;~i ,< [ ~ ~ ~:,~ ~ ~ ~ ~; ~~ . 4 MEMORANDUM TO: Mayor and City Commissioners FROM: Robert A. Barcinski, Assistant City Manager THROUGH: David T. Harden, City Manager DATE: December 22, 2009 SUBJECT: AGENDA ITEM 9.D. -REGULAR COMMISSION MEETING OF ANUARY S 2010 SPECIAL EVENT RE UEST/PRO-BOWL TAILGATE PARTY ITEM BEFORE COMMISSION Commission is requested to approve a proposed 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 LDR's 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.rn. BACKGROUND Attached is a letter from Cathy Balestriere along with an event permit application and site plan for this event. Also included is a sunvnary of all pro-bowl activities that will take place in Delray Beach. The estimated cost for staff overtime is approximately $2,500, trash boxes $105, and stage rental $532. If Commission agrees to co-produce this event, then per event policies and procedures, the event producer would not pay any City costs. We would not need a hold harmless agreement or certificate of insurance. Since this is probably aone-time event, Commission may wish to be a co-sponsor. RECOMMENDATXON Staff recommends consideration of event approval, 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 of the event. Dear Mr. Barcinski, On January 29th (Friday) from 2p -17.p Destination Delray Beach Task Porte, an entity of the Delray Beach Chamber of Commerce would like to ask for permission to close A7.A at Atlantic going south only to Boston's. Traffic cart still turn left onto A1A from Atlantic. Traffic an AAA traveling north would need to detour at Miramar to Gleason to Atlantic. The actual event time is ~p -10p. The task force is also requesting the necessary waivers which we understand are Noise Ordinance Waiver and Waiver of Consumption far Alcoholic Beverages. In addition we would also like to ask the City of Delray Beach to be a co-producer of this special event. Traditioztally the Pro Bowl is played in Hawaii each year. However, the NFL changed the location to be played in South Florida this year. It is a once in a lifetime opportunity to promote Delray Beach as a tourist destination along with the Pro Bowl weekend, The two additional sports related events will contribute to the promotional benefit. The plan is to promote an ALL-AMERICAN tailgate to Pro Bawl night with 10 1~ committed NIL football players who will meet & greet at beachside. (See attachment for more details) I have also included the Saturday family event at Old School Square. This is the first sponsored promotion by our new Destination Delray Beach Task Force. We are excited about the promotional value for our city. Some of the commitments are: Official NFL Superbowi Host Committee Website Listing Palzxt Beach Sports Commission Website Listing • Greater Palm Beach Convention and Visitors Bureau Visit Florida As these promotions are both local and national we are confident this event will bring visitors to Delray Beach during the Pro-Bowl weekend and an economic boaster to our beachside hotels, restaurants 8r merchants. Thanking you for your cooperation and support. Respectfully ~abrnitted, Destination Delray Beach Task Force .~ Cathy BaI triexe Chairman of the Board 17ec 08 Q9 R5:2(]p Crahe'~ k3eanhHouse 561278'7a2.Es p.2 Delray Beach Pro-Bowl Kickoff Wee{tend Professional Fr~otii~al;l Players Stay, Play and Meet & Greet in Delray Beach! Friday, januar 9th, ~©! 0 ~ Meet & Greet Tailgate Black parry 5:0{}p ~ 9; 9~~ia~efray Beach Boston's an the Beach . 40 South Ocean Boulevard Defray Beach, P[_ 334$3 (8Gb) X93-4632, www.bostonsonthebeach.com Don't miss out on the pre-game funl Share your Team Spirit at the Ultimate Tailgate Pro-Bawl Bloclc Party in 17elray Beach and wear your favorite jersey! Interact with the players from the past, presant and futural Live music and food Pest for an A11 American football tradition! f=ree admission Pinball Paloaza Family flay: Pfnbalf Meets Foothaf!! When; Saturday, January 30, 2010 Time: 2:3t1p ~- 5:3Up Location: old School Square Cultural Arts Center, 5I i`l, 5wlnton Ave., Defray Beach Event Description; E7utreach to schools: Go Team Student Art -- Area students Qf all ages will be invited to create "pennant" arC illustrating their favorite faotbatl team. All artwork wits be on display in the rr-ussum for the'event. Center grounds (free adrnissian): 815 Nl'L players will be on hand for photos • Outdoor games, activities, bounce houses, concessions (free and ticketed) inside Cornell Museum • Cornell Museum will offer a $5 family admission far the Pinball Paloaza, Barbie, and Miniatures exhibits • Pennant art activity in the children's gallery will allow kids to illustrate their favorite team. Arcade set up in the Tea EZvam (Metropolis Entertainment} • Kids vs, Qiayers arcade game chalienge tlec 08 Q9 Q5:21p Crane's Heac~House ~~i278'782fs p.3 D~cial NFL +Calendar Listing: Delray Beach Yro-Bov~rY Kicltoff~'Veekancl Professional Fpotball Players Stay, Play and Meet & Greet in Delray Beaeh3 Friday, January 29th, 2010 -Meet & Greet Tailgate Block Party S:OOp -- 9:OOp Delray Beach TBA {Boston's on the Beach} 4t) South Dcean Boulevard Delray Beach, FL 33483 {Sdd} 493-4632, v~ww.bostonsonthcbeach.cam Dox~.Tt miss out on the pre-game fang Share your'I•ean~ Spirit at the Ultizxtate ~'ailgate P~~o- Bowl B3aak Party in Delray Beach and wear your favorite jersey! Iz1teract with the players from the past, present and future! Live music and I'oodfest fot• an All American football tradition[ Iiree admission Saturds~y, ~tariuary 30~h, 2030 - Pinball Palooza Fsn~ily Day: Pinball Meets rootballt 2:30p ~ 5:30p Delray Beach Cornell Musetrtt~ of Art & Aitt~ez•ican Culture at Old SchQOI Square 51 N. Swinton Ave., Delx~.y Beach 3344 561-243-7922, v~fvrrw.oldschool,or Meet professional football players iiom same of your favorite teams! Spin to win a place in the Kids vs. Players arcade game challenge, See amazing pinball n~ac;lzines and more! Fzee and ticlceted games and activities, 2:311 to 5:30 p,m•; $5 family admission (arcade garr~es not included), This eve~~t is part of the Delray Beach 1'ra-Bowl Kick-Oil' Weekend, D~+C t)8 ~~ 0'S: ~~~ ~`lt~ (~~ ~C~~~ $~~C~ Special ~~ent Pe>•Init Application PLEASE TYPE ~~ PRINT 5G1278782~ DEIRAY.[fEALEt Alt-MteriosGk~ '1~~3 yUp'I t7. 9~ Event NalnelTi~le:~~4.~:i~~._...~~~~~..~1--~~~-1J1~~ ~I~ Event Date{s): ,~ f C~,~113~C'l~ ~~~. ~ Tunes:J ~ ~ Event pesc~•iption/P~arpose: ~ ~' d-+~~ ~~ ~ ~- ~~C~t.~~-•~J t;t"~RerS ~eg~l'}I-~OUSe Event SponsnrlProducer: ~~ `~ ~ ~ ~~'~' Event ContacVCoordi~ator: ~ ~`~~ ~ ~~ Name: ~Ct'~'1 ~~-P~~ ~'?-2~.. Address: Telephone Number: Cellular lrlu~nber: E-mail Address: ~~ Brief History of Event {If applicable): Planned Activities (Outline of activitiesJnumbcr ^I' activities, i.e. entertairutlent, children's rides, gani,es, athe~-progran~s): ,~,-p~- t4~a C,t~C.~_.~~S.A - - ~~ ~ Number of Individuals Served Previous ~eat• {if applicable): ~~ ~~ ~b~~-~ 1~!'1C~€~~2~'s A gcribe ~je targeted popuia~u'`on and expect at~~ an~e: _,~__.._~ ~ Page I of ~ Dec DS t39 05.21p Tescribe how the C1^ane's BE=act•tHbE,~5G or proj~t addJ'esses 561277826 p,5 Page2ofS needs; ~,r9~1 Describe your Marketaz~glPromotions 1'ro rangy (How tivill you radio, posters, flyers, ~veb sites, otlJer): ~d E a t] '~ ~_t- ~ ~ ['__YX~ t~ c`~n11 Y`~- , i (' fil YY71`F'1 ,' S s 1 ~ i e TV, ~~~~ ~ Sponsc~t' Category (please check) City d Non-ProfitlCharitabla ra Private ^ Co-Sponsor ~ Non-profirll?rivate ^ (I, f Nrrrr nr•o,~Zr attach prcJOf o, f 50Y c(3), c(4), e f G), C(1 f?}, vi' c fXS~ ar (d) Event Location (Describe ea baundaties o~ eventflocation): Site plan attached: yes V no (Site 1~lan rerttoired for etztire evertl ~~-f~e. uJClude locations of tents, stage, portabbts, durrJpstels, portable lighting, and barricade lr,cation if applicable.) Rental of Uld School Square: yes nv (Tf yes, attach proof of approval) Private Property Use: yes no (If yes, attach letteJ- giving autlJarization from property a~vner) Event budget Revenue & iLxpenses attacled: yes no~. (Required far ail events) Previous year Revenue/Expense surnJttary attached: yes.. no ~J (Required fez- all events} Do you have cash spon.saxs for tlxe event: yes no {Indicated on budget) i7o you have it~kiJJd sponsors for the event: yes ~ no (IJrdicated on budget} C:11~oon~rsanES and Scitingsl#teetwuodlT]esktoptTenEp\SpeciuJ went J~ntait AppEicstion T1NAL F~Y(39-t0.doc lac D8 Ci8 Q5:22p Crane's BeachHause 5t;1~787€32t3 Page 3 of 5 Serving or selling alcoholic beverages; yes no~ (Tf yes, cagy of license and aXca7aal liabitify ir[sur~rrzce required i~vo (2) weeks prior to evertt) Event certificate of insurance attached: yes na (Regrrired t~s~n (2J weeks prig to event ~tarnirig Ihs City us additional irtsr~red, else required for vendors) f Playing of amplified music: yes 1/ no~ T, {1'Vaiver required) 1~Vill there be entertainment; yes ,~ _ no (If yes, attached list of Performers andfar D3's) If yes, spattsor agrees all entertainment will be fa ply oriented and Contain no oUscenities: yes na Requesting Police assistance: yes~_ no (traffic cnntroUsecurity) Will supplement with private security: yes_ no (-tf3'es, r:eel' pin attac3'ied) Requesting Eir-ergency Medical assistance: yes no_ ~/ Requesting barricade assistance: yes no (Sf no, hc~w are you liattdling7) Requesting trash ret~navaUclean up assistance: yes ~ na (~'Viil be billed to sponsor) Requesting trash baxeslcantainers and liners; }yes na Requesting stage use: yes ua {I, f yes, checrc type) IJarge stage {14' x 36') Sorrell stage (16' x 21') n HaEf sntalt stage {8' x 2l.') ~ Requesting siguage: yes no 'T'ype: ~1'x4'Ever~t sig Parking Signs Banner Ixanglnig Xndicate dates rtltlutred (~'V[[iver required if Wrote ll[art a[ae (I) week prior to e~ertt) Requesting City Portable Generator: yes `f/ no p.6 (If yes, size &. power} Pood a[zd beverage vendors: yes no ~AcPlit.u.w^( tv-l~~C~r~SutQ Yf yes, aPproxin~ate number Same ~L-e-~ (Elealth llepartmetxt approval required} yes no ~~ per/ ~,~~~ C:tt)n~:ctments and SetlingslfleetwoadlDeskt©plTemplCpecia[ Event parstut Appliaalian CJbIAL t~ [}9-IO.doe I)c~c o8 09 p5: ~~p Cr-arse's HeachNouse 58~.~787828 p. 7 Page 4 of 5 Other vendors: yes no (rndicate type) .~c~-d ~~ m P,~r~(~fl.~ . ,....,. Tents: y~ no If yes, Irow marry. .,.....,._~ 'i~'hat size or size required (If yes, tent per~rtits atrrl, fire anspecCions rrcrry be rreederl) Will th i l d e event nc u e amusement rides: yes„. no (dyes, type ar:d location arrd copy of liability insurance r•ertuired, also requires suite license rind irtspectiorz.} Wiil th b d e evetlt e gate ; yes no (Shaw on-site wrap) Wiii h b t ere e a charge for the event: yes no (dyes, indicate #ickeE prices) ~ Wiii there be Cre~vorlts or other r tech i ~ py a n es: yes no^ (dyes, cor:txrct I~'ire Marshal to obtain rand complete permit uppliccrtiortJ VViil th b ki i l /' ere e coo ng w t r compressed gas; yes nu i/ (If yes, carttuct Fire ,Marshal for• inspectwras) i W ll you he providing port-a-lets far tha event: yes no (If yes, locate nn-site wrap. 1, f rro, iratlicate lto~v ,you ivt'll hajarile restrr~om rteerls} ~ Is reserved parking rcciucsted; yes no ........ (If yes, indicate Irrcations artd prtrprrse for rose) Event Permit Attachrrtents: Revenue/Expense Budget itevetzue/Expense icecap Last Years Event .-.~..---.--Site Plan Letter Requesting Noise Ordinance Waiver Letter kequesting Waiver Consumption Alcohol Beverages ~Pronf of Non-Profit Status General Liability Insurance Certificate Alcohol Beverage Liability Certificate Proof of Rentai Agreement or Authorization Letter from private Property O1~~ner Holcf Hartniess Agreement C:iDppuEttents end Se[tingsLlleetxoodlUesktuplTentplSpxial Esvei-l Pern~it A;rP1[cation FINAL FY09-1 p_dflo Den d8 D9 05:22p Crane's Heac~tHa~se 561278826 p.8 !'age 5 of ~ Submittal Date Requirernentst ~ Minor Event 45 days prior to event * Intermediate Event 90 days prior to event • Majox Event !2fl days prior to event • Neighborhood Block Party 30 days prior to et;ent ~.lC] ~oY~Jf~4 3 , t ~a~ ~ ~~ ~ c'~ ~1 EYCktt COtI actnrlCoor nator Date Please prizut: ~: 1~.~firi2t~. l'lexse enclose the appropriate non~xefui~dabie application fee payable to the City of Delrty Beach, !DO N.~.1St Avenue, Defray Beach, Florida 33444, Required with pertttit application. For ~tnff U.ce Only Date Received~Q~t~ Application fee received $ C;ll3ocumants and Settings~flaetwoadLUegktnplTemplSpecial);vent Ppnt~it Apptication FINAL FYD9-l0.doc Ilec 08 CS f15:22p Crane's Heachi-lot~~e SS127~7a28 ~~~ ~~ .. ~' o c 4 ~ ~~~ A 1.-.~ A ~ ~~~P~. ~' '~-. 3 =i' ~~~ E ~E Aei~ ~~~~ a~ ~ ~ ~" N~ ~, ;. ~~ ~ ~ ~~x31~'~.~~rp ri _.~ 0 p.9 TO: FROM MEMORANDUM Mayor and City Commissioners Sharon L'Herrou, Administrative Officer Anthony W. Strianese, Chief of Police THROUGH: David T. Harden, City Manager DATE: December 18, 2Q09 SUBJECT: AGENDA ITEM 9.E. -REGULAR COMMISSION MEETING OF ANUARY 5 2U10 AGREEMENT/AMERICAN TRAFFIC SOLUTIONS (ATS) ITEM BEFORE COMMISSION The item before Commission is consideration of the revised contract between the approved vendor, American Traffic Solutions (ATS), and the City for the implementation of a Red Light Enforcement Program (RFP 2QQ9-27). BACKGROUND On Dec. 8th, Commission reviewed a proposed contract between ATS and the City. Commission directed staff to negotiate with the vendor a revision of the indemnification clause. This has been completed and a revised contract is now being presented. With this revision, the City Attorney's concerns have been resolved. Approving this contract should make us grandfathered under any state legislation which may be adopted. It will also allow us to proceed with the intersection analysis work which needs to be done in order to decide where to place cameras. This work can take several months. Having this already done will enable us to quickly proceed with camera installation and the resulting safety improvements as soon as the legal questions regarding use of red light cameras are resolved by the courts or by legislation. RECOMMENDATION The Police Department recommends approval. AGREEIvIENT $ETWEEN THE CTTY OF DI:LRAY BEACH AND AMERICAN TRAFFIC SOLUTIONS FaR TRAI~F1C SAFETY CAMERA PROGRAM This Agreement (this "A~reement"} is anode as of this day of _, 20Q~ by and between American Traffic Solutions, I.ne., a Foreign Corporation registered in Florida, with affces at 7681 F Gray Road, Scottsdale, Arizona $520 {"Vendor„), and The City of Delray Beach, a Florida municipal corporation, with an address at lOt7 NW l~ Avenue, Delray Beach, Florida (tl~e "city„} . R~t<'ITALS WI~EREAS, Vendor has exclusive lcnotivledge, possession and aFVnership of certain equipment, licenses, applications, and Notice of Infraction processes related to the digital photo red light enforcement systems provided by 'Vendor pursuant to this Agreement; and WHEREAS, the City Coanmissian adapted ordinance SQ-08, which authorizes the City's Traffic Safety Camera Progl•am (TSCP} and provides for the ianplernentation and operation of such; and, WHEREAS, the Gity desu•es to engage the services of Vendor to provide certain equipment, processes and back office services so that Authorized Employees of the City are able to monitor, itEentify aa~d enforce red light running Infractions; NaW THEREFORE, in consideration of the t~a~utual covenants contained herein, and for other valuable consideration received, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows; AGREEMENT 1,0 Defini#ions. All definitions set forth in Ordinance are incorporated hersin. In additio~~, the fallowing wards and phrases shall Dave the following rrieaa~ings in this Agreement: l.l. "Authorized lean to ee" means the Traffic Infraction Review Offices', whose duties and quali~oations are set Earth in the City Ordinance. 1.2. "Authorized Infraction" means each Potential Infraction in the Infractiau Data for which authorization to issue a Notice of Infraction. in floe form of an Electronic Signature is given by the Authorised Employee by using khe Ven~lnr System. i.3. "Business Ru1c Process" means the completion of a questiaalnaire in establishing praccss rules within the AXSIS systetn used to track violatia:ns and notices (payments, adjudication, escalation). The rules are defined in compliance with local ordinance, state statute and contractual terms and are implemented only upon City's approval. Page 1 of 3I 1.~. "City Ordinance" means Qrdit3ance No. 50-Q8, as may be amended from tuns to time. 1.5. "civil Fee" means the fee assessed for violations of the City Ordinance, as set Forth in the ordinance. 1,6. "Confidential or !'rivate Information" tncans, with respec# to any Person, any infarznation, matter or thing ofa secret, conftde:ntial~or private nature, whether or not so labeled, which is connected with such Person's business or methods of operation or concerning any of such Person's suppliers, licensors, licensees, city's or others with whom such Person has a business relationship, and which has current or potential value to such Person or the unauthorized disclosure of which could be detrimental to such Person, including but oat limited to: 1.6.1. Matters of a business nature, including but not limited to information relating to development plans, casts, finances, rrtarlceting plans, data, procr;dures, business opportunities, n~arketuig methods, plans and strategies, the costs of construction, installation, materials or cotnponcnts, the prices such Person obtains or has obtained from its clients ar City's, or at which such Person sells or has sold its sertfices; and 1.fi,2, Matters of a teclutical nature, includinb but not limited to product islforrnatian, trade secrets, know-how, formulae, innovations, inverttiatt5, devices, discoveries, teebniques, formats, pt•ocesses; methods, specifications, designs, patterns, schematics, data, access or security codes, compilations of information, test results and research and development projects. For purposes of this Agteen-tent, tl-te tet~xt "trade secrets" shall moan the: l~raadest and most inclusive interpretation of trade secrets. 1.6.3. Notwithstanding the foregautg, Confidential Information will not include infortnatian that: (i} is a public record, at~d tzot otherwise exempt, pursuant to Florida law; (ii) was generally available to the public or otherwise part of the public domain at the tir~te of its disclosure, (iii} became generally available to the public or otherwise part of the public domain after its disclosure and other than tlu-ough any act or atnission by any party hereto in breach of this Agreement, (iv} was subsequently lawfitlly disclosed to the disclosing party by a pexsan other than a party hereto, (v} was required by a court of competent jurisdiction to be described, ar (vi) was rewired by applicable state law to be described. 1.7. "1-3esi~nated Intersection" means tlae Intersections, as that term is defined in tlaa City 4rdiu~anne, set forth on I;xl~ibit "A" attached hereto, and such additional Intersectiatts, as Vendor and the City shall mutually agree from time to time through the pattit•s' Project Managers. Page 2 of 31 1.~. "Electronic Si afore" Eneans the metliad through which the Authorized Employee hidicates his or her approval of the issuance of a Naticc; of Infraction in respect of a pote~itial Infraction using the Vendor System. 1.9, "Enforceiuent Docuilientation" means the necessary and appropriate dacumcntatian related to the enforcement ofRed Zone Infractions, as defined in the City Ordinance, including but not limited to warning letters, Natives of Infraction (using tha specifications of the hearing ofixeer (also known as Cade enfareenient Special Magistrate} and the City, a numbering sc;quence far use an aIl notices {in accordance with applicable state s#atutes and the Ci#y's Ordinance}, instructions to accompany each issued Notice of lrifractian {including in such instructions a description ofbasic enforceiiient procedures, payment options and information regardinb the viewing; of images and data collected by the Vendor System}, chain of custody records, criteria. regarding operational policies far processing Notices of Infi~action (including with respect to coordiriati~ig ~vitli the applicalale vehicle tegistry), and technical support doc~.~menta#ion for applicable hearing officers . 1.10. "Equipment" iiieans any and all cameras, sensors, ecluiprnent, components, products, software and other tangible acid intangible property relating to the Vendor Photo Red Light System{s), including but not limited to all camera systems, housings, sensor arrays, severs acid polos. l.ll. "Governnierital Authority" means ariy domestic or foreign governrrien€, goverrunental ax~thority, court, tribunal, agency or other regulatory, administrative or judicial agency, Caiiimission ar organization, cad any subdivision, branch or department of any of the foregoing. 1.12. "Infraction" means any violation of the City's Ordinance, also knowq as a red zone infractiaii. 1.13. "Infractions Data" means the isnagcs acid other lnfractians data gathered by the Vendor System at the Designated Intersection. 1.14. "installation Date of the TSCP" means the date on which Vendor completes the construction and installation of at least one (l} Intersection in accordance with the terms of this Agreement so that such Intersection is operational for the purposes of functioning with the TSCP. 1.15. "Tiitellectual Pro ert " nZeans, with respect to any Person, any and all now known or hereafter k~iawn tangible and intangible (a} rights associated with works of autlinrslup throughout the world, including bu# not limited to copyrights, moral rights and mask-works, (b) trademark and trade name rights and similar rights, (c) trade secrets rights, {d) patents, designs, algorithms and other industrial property rights, {e) all other intellectual and industrial property rights (of ovary kind and nature}, whether arising; by operation of law, contract, license, or otherwise, and (f} all registrations, initial applications, renewals, extensions, continuations, divisions car reissues hereof now or hereafter in force {including any rights in any of the Page 3 of31 foregoing), of such Person, consistent with the definition of sue1~ terms in Florida Statutes. 1,l6. "Notice of Infraction" shall mean the Nance of an infraction, which is mailed ar otherlvise delivered by Vendor to the alleged violator on the apprapriute Enforcement Documentation in respect of each Authorized Inii'action pursuant #o the requirements of the City Ordinance. 1.I7. "Notice to Fraceed" means the written notice City provides to Vendor to begin installment and implementation of the Camera System, whiel~ shall 6e issue;d at such time as City determines within its sale discretion. l.18. "~eratianal Period" means the period aftime during the Tenn, catxatxtencing Un the Installation Date, during which the TSCI' is functional in order io permit the identification and the issuance ofNatices oflnfraetion far approved In&•actiotti5 using ttte Vendor System. 1.19. "Ordinance" shall tnoatn City of Delray Be;~ct3 Ordinance No. 50-OS, as txtay ba amended from tirrte to titlto. I,20. "Person" means a nt£tural individual, c;ampany, C,overntnental Authority, partnership, frrm, corporation, legal entity or other business association. 1.21. "Project Mataaicr" mutts the project manager appaitited by the City in accordance with this Agreement, which shall be the City Manager, or his designee and shall be responsible, on behalf of City, for overseeing the installation at the Designated Intersections and the implementation of the TSCP, and which manager shall have the power and authority to make tnanagetnent decisions relating to the City's obligations pursuant to this Agreement, including but not linyi#ed to Change order authorizations, subject to any Iiniitations set forth u1 the City's Charter ar Ordinance or by the City Cottunission. 1.22. "Potential Tnliaction" means, with respect to any motor vehicle passing through a Designated lntc:rsection, the data collected by the Vendor System with respect to such motor vehicle, which data shall be processed by the Vendor System for the purposes of allowing the Authorized 1=~enplayee to review such da#a and determine whether a Red Zane Infraction has occurred. 1.23. "Pre riot Pro ert 'means, with respect to any Person, any written or tangible property o4vned or used by such Person in conneetiott with such Person's business, whether or not such prnpL'rty is copyrightable or also qualifies as Confidential Inforn~atinn, including without lirttitation products, samples, equipment, tiles, lists, books, natehaoks, records, documents, memoranda, reports, patterns, schematics, compilations, designs, drawings, data, test results, contracts, agreements, literature, correspondence, spread sheets, computer programs and sa~vare, computer print outs, ether written and graphic records and the like, whether originals, copies, duplicates or summaries thereof, affecting ar relating to the business of such Person, financial statements, budgets, projections and invoices. Page 4 of31 1.24. "Vendor Marks" means all trademarks registor'ed in the name of Vendor or any of its affiliates, such other tr<idezrzarks as are used by Vendar ar any of its all"iliatos on or in relation to TSCF at any kirne during tha Term this Agreement, service marks, trade narnas, logos, brands and other marks awned by Vendor, and all rnodificatians or adaptations of any oftlte foregoing. 1.25. "Vendor Proiect Mana er" means the project manager appointed by Vendar in accordance wikh this Agreement, which project zr-anager shall initially be named by the 'Vendar within 14 da s of the exec:utiazi. of t1;is A ~roament or such person asas Vendor s13a11 desilmate by providing written no#icc thereof to the City from time to tune, who shall be responsible for overseeing the construction and installation of the Designated Intersections and the in~plemcntatian the TSCF, and who shall have the power and authority tv~ n-iake r'nanagc:znent decisions ~•elating to Vendor's obligations pursuant to this Agreement,sncluding but riot lirr-ited to change-order authorizations. f .2G. "Traffic Safet Camera Fro am" meazls, collectively, the TSCF provided lay Vendor and all afthe other equipment, applications, back office processes and digital red light traffic enforcement cameras, sensors, components, products, saliware and other tangible and intangible property relating thereto. 1.27. "Trall'ic Safety Ca~~~era Process" means tlxe process by which the monitoring, identification and enforcement of Infractions of the Red Zane Infractions is facilitated by the usz: oi'certaui e~iuipn~enl, applications and back office processes of Vendar, including but not limited to cameras, flashes, central processing units, signal controller interfaces and sensor arrays which, collectively, arc capable of identiFying Infractions and retarding such Infraction data i~t the form ofphotographic images of motor vehlCleS. 1,28. "Photo Red Light Infraction Criteria" ~rteans the standards and criteria by which Potential lzrfractians will be evaluated by Authorized 13mployees of the City, which standards and criteria shall include, but are not limited ta, the definition of a Red bane Infraction sot faith in the City Ordinance, relying upon the duration of tuna that a lra4~c light must remain red prior to a Lt~actian being deemed to have occurred, and tl~e location(s) in an intersection which a motor vehicle must pass during a red light signal prior to being deemed to Dave committed a Infraction, all of which shall be in compliance with all applicable laws, rules and regulafiians of Gavernnte~ztal Authorities. 1.29. "Traffic Si nal Controller Boxes" means the signal controllc~' interface and detector, including but not limited to tl~e radar or vid~:a loop, as the Casa znay bc. 1.~D. "Warzvn > Period" means the period of thirty (3G) days after the Installarion Date of the first intersection approach, 2.0 Term. The term of this Agreement shall commence upon the passage of favorable red light camera state enabling legislation, and the City"s issuance to Vendar of the Notice to l~rdceed, which shall oat be used in had faith by the city as an opportu~~ity fo select a Page ~ affil different vendor, and shall continue for a period of three {3) years (the "Initial Term"'}. ~Iowever, prior to commencement of the term, this Agrcetnent shall be binding upon the parties effective immediately fo!]otiving the date the last party executes the Agreement. The City shall have the right, but not the obligation, to extend the term of this Agreement for ttp to two (2) additiana], one (1} year periods following the expixatiotx of the Initial Tenn (each, a "Renewal "Perm" aa~d collectively with the Initial Term, the "Term"}, The City rnciy exercise the right to extend the term of this A#;reeiuent for a Renewal Tenn by providing written notice to Vendor not less than sixty (6D) days prior to the last day of the Initial Term or the Renewal Tef-m, as the case niay be. 3.4 Services. Vendor shall provide the TSCP to the City, in each case in accordance with tl3e terrrzs and provisions of the Qrdinanee. 3.1. Installation. With respect to tlta construction and installation of the Designated Intcrscetian and the installation of khe Venclar System at such I]esigzzated Intersection: the Ci#y and Vendor shall have the respective rights and obligations set forth an Exhibit "I3" attached hereto. 3.2. Maintenance. With respect to the tnaintcnance of the Vendor System at the pesignated Intersections, the City and Vendor shall have the respective rights and obligations set forth on Exhlblt "C "attached hereto. 3.3. Infraction Processing. During the Operational Period, Infractions shall be processed as set forth on Exhibit" D", attached hereto. 3.~. Prosecution. The City shall prosecute Ordinance violations in respect thereof pursuant to the terms, procedures and requirements of the City Orduaance, subject to City's routine law enforcement discretion. 3.5. Other Riehts and Obligatior-s. During the Term, in addition to all of the other rights and obligations set forth in this Agreement, Vendor and the City shall Dave the respective rights and obligations set Earth an Exhibit "E" attached hereto. 3.G. Change Orders. The City inay from tine to time request changes to tl~e work required to be performed or the addition of products or services to those required pursuant to the terms of this Ab~reeinent by providing written notice thereof to Vendor, setting forth i2~ reasonable detail the proposed changes (a "Change Order Nice"}. Upon Vendor's receipt of a Change Order Notice, Vender shall deliver a written statement describing tlic effect, if any, tlae proposed changes would have on the terms set forth ifi Exhibit " 1/ " (the "Chan~c Order Proposal"), which Change Order ['mpasal shall include {i) a detailed breakdown of the charge anti schedule effects, (ii) a description of any resulting changes to the specifications and obligations of the parties, {iii) a schedule for the delivery and other performance obligations, and {iv) any other information relating to the proposed changes reasonably requested 6y the City. l~allowing the City's receipt of the Change Order Proposal, the parties shall negotiate in good faith and agree t.a a plan arad schedule for implementation of the proposed changes, the time, tnaru~er and amount of Page 6 of 3Y payment or price increases or decreases, as tl2c case play be, and any other matters relating to the proposed changes. Any failure aFthe parties to reach agreement with respect to any of the foregoing as a result of Gray proposed charges shall eat be deemed to be a breach of this Agreement, and any disa~-eetnent shall be resolved in accordance with Section i6.U. 4.0 License; Reservation of Rights, 4.1. License. Subject to the terms anti conditions of this Agreement, Vender hereby grants the City, and the City hereby accepts from Vendor upon the terms and conditions herein specified, anon-exclusive, non-Cransferahle license during the Term of this AgrieeuSent to: (a} solely within the City, access and use the Vendor System for the sale purpose of reviewing Potential Tnfrsctions and authat•ixing the issuance of Notices of Infraction pursuant to the teens aF this Agreement, and to print copies of any content posted an the Vendot System in connection. therewith, (b} disclose to the public (including outside of the City) that Vendor is providing services to the City in cannGCtion with TSCP pursuant to the terms of this Agreemen#, and (c} use and display the Vendor Marks on or in marketing, public t~warep.ess or education, ar other publications ar materials relating to the TSCP, sa long as any and all such publications ar materials are approved in advance by Vendor. A.2. Riset•vatian o f Ri~lZt~. The City hereby acknawled,ges and ttgrzes that: (a} Vendor is the sole and exclusive owner ak the Vendor System, the Venclar Marlcs, all Intellectual Property arising from or relating to the Vendor System, and any and a!l related Equipment provided under this Agreement, (b} the Ci#y neither has t~or [Hakes any claim to any righk, tine ar interest irz any aFthe foregoing, except as specifically granted or authorized under this Agreerraent, and (c} by reason of the exorcise of any sttch rights or interests of City pursuant to this Agreement, the City shall gain ra addi#ionaT right, tifile or interest therein. X1.3. Restricted Use. The City hereby covenants and agrees that it shall not (u} make any modifications to the Vendor System, including but not limited to any Equipment, (h) altc;r, retnave or tamper with tiny Vendor Marks, (c} use any of the Vendor Marlcs in any way which might prejudice their distinctiveness, validity or the goodwill of Vendor therein, (d} use any trademarks or other marks other than tl~e Vendor Marks iti connection with the City's use of the Vendor System pursuant to the terms of this Agreement withorrt first obtaining the prior consent of Vendor, ar (e} disassemble, de~campile or otherwise perform at~y type of reverse engineering to the Vendor System, the Ve~~dor System, including but not limited to any Equipment, or to any, Intellectual Property ar Proprietary ;?roperty of Vendor, ar cause any ether Person to do any of the foregoing. 4.4. T'ratcctian of bights. Vendor shall have the right to take wTtatever action it deems necessary or desirable I:o remedy or prevent the infrir~ge~nen# of any Intellectual Property of Vendor, including without limitation the filing aFapplicatiatis to register as trademarks in any jurisdiction any of the Vendor Marlcs, the fling of patent Page 7 of31 application for any of the In#ellectual Property of Vendor, and rr~aking any other applica.tians or filings with appropriate Gavernnxental Authorities. The City shall axot take atxy action to re.~xxedy or prevent such protective activities, and shall not izx its own name make any ragistratians or filings with respect to axzy of the Vendor Marks or tlxe Intellectual Prapezty of Vendor without the prior v~reitten consent of Vendor. 4.5. Infrin~c.zxzexxt, The City shall use its reasonable beat efforts to give Vendor prompt notice of any activities ar threatened activities of any Person of which it becomes aware that infringes ar violates the Vertdar Marks ar any of Vendor's Intellectual Property or that constitute a misappropriation of trade secrets or act of unfair competition that might dilute, dairtage or destroy arty of tlxe Vendor Marks ar any other Intellectual Property of Vendor. Vendor shall have the exclusive right, but not tL~e obligation, to take action to ezxforce such rights and to make settlenxents with respect thereto. 4.6. Infrizz its, i~. Uso, The City shall give Vezxdor prompt turitten nc~tiee of any action ar claim action or claitxx, whether threatened or pending;, against the Gity alleging that the Vendor Marks, ar any other Intellectual Property of Vezxdor, infringes or violates any patent, trademark, copyright, trade secret or other Intellectual Property of any other Person, and the City shall render to Vendor such reasonable cooperation and assistance as is reasonably requested by Vendor in tkae defense thereof, provided, that Vendor shall reimburse the City for any reasonable casts, including without ]unitation attorneys fees and court costs, as 4ve11 as City staff cnsts, incurred in providing such cooperation and assistance. if such a clainx is made and Vendor determines in the exercise of its sale discretiozz, or a court or administrative proceediztg; of competent jurisdiction deterfnincs, that an infruxgenxent may exist, Vendor sha11 have the right, but not the obligation, to procure far the City the right to keep using the allegedly iniriri~ring iterz>s, znadify them to avoid the alleged infi•ing;enxent ar replace them with non-infringing items, all at no cost to the City. In addition, in such event, the City has U1e right, lint not the obligation, to terrzxinate this Agreement pursuant to paragraph 6.1. 5.0 Represen#ations anal Wtt3rranties. S.l . Vendor Re resentatioXas and Warranties. 5. i .1. Authorit . Vetxdor hereby xarrants and represents that: 5.1.1.1. rt has all right, power and authority to execute and deliver this Agreement and perform its obligations hereunder; and, 5.1.1.2. to the extent legally required, Vendor has all ownership rights, licenses, ar other required authority to use the satfiware and hardware it installs to perfarzn the services uzuicr this Agreement. 5,1.2. Professional Services. Vendor lxereby warrants and represents that any and all services proo~ided by Vendor pursuant to this Agreement shall be Pogo ~ af31 performed in a professional and workmanlike n:Ianner and, vvitll respect to the installation of the Vendor System, subject to applicable law, in cerrlpliarlce with all speciFicatialrs providedl to Vendor by the City. 5.2. CI•ty Representatic~t,5 and Warranties. 5.2.I. Aut~___,hartk The City hereby warrants and represents that it has all right, power and authority to execute and deliver this Agreement and perform its obligations ]iereunder; provided that Vendor acknowledges that the initial program is premised oI~ being consistent with the requlrernents and authority of state law, applicable attorney general opinions, and the City's Qrdinance, and City cannot and does not warrant the outcaz~.e of aizy judicial ar legislative action that may be taken affecting those aufllorities subsequent to the execution of this Ab'I'eement. 5.3. Professional Services. The City hereby warrants and represents that any a~jd all services provided by the City pursuant to this Ageen~ent shall be performed in a professional and workmanlike manner in City's governmental capacity. 6.0 '1'erlnirlatian, G.l . Termination for Cause: l~ither party shall have the right to terminate this Agreement ~y written natiae to tl~e other i#`, (i} state car federal statutes are al~nended, ar regulations ar policies are adopted by agencies with jurisdiction, to prohibit or materially change the operation of TSGP sa as to make it reasonably impractical to operate the red light enforcement program, including without limitation changes that would prohibit the red light enforcement program, ar which would impose rastriotions an revenues and uses that are contrary to the terlrls of this Agreement; (ii} any court having jurisdiction over City rules, or declares, that the City's red light enfarcc;mzrnt progtalm is invalid or results frarrl the Vendor System of photo red light erlfareement are inadmissible in evidence, or otl~el•vvise renders a decision that makes it reasonably impractical to operate the red light enforcement pragraln; (iii} a determinfltlon by a court o#• competent jurisdiction or other applicable dispute resalutica^ forum fends that Vendor has illfi-inged upon a third party's patent, trademark, copyright, trade secret or other in#eilectual property; f iv) t11e oth.or party commits any material breach of any of the provisions of this Agz-eezncnt; ar {v} the Vendor does not pay revenues to City as required by this Agreement, >/ither party shall have the right to remedy the cause for termination witl>'ua forty-five (45) calendar days (or within such other Time period as the City and Vendor shall mutually ogee, which agreement steal[ not be unreasonably withheld or delayed} offer written z~ntice from the r-on-cansi~lg party setting; firth ire reasonably detail the events of the cause for termination. The rights to terminate this Ageement given in Section G.1 shall be without prejudice to Ilny other right or remedy of either party in respect of the breach concerned (if any) or any other breach of this Agi-eezn.ent. Page 3 of3f 6.2. Rlarning Period. This Agreement provides far a one time, thirty {30) day WaR•rtii~g Perirad, during which tune courtesy notices of ir~fiactians, with no civil fees, are used. The parties hereto acknowledge that this Warning Period will he used to verify tl7c reliability of the program and the detection of -hrfraetions, as well as to ttron.itar anticipated changes in state law nn the subject of camera enforcement of red light intiactions, The Warning Period sliall commealee on the date the initial camera bcco~~res operational. 6.3. Procedures U oip 1 Termination, This section fi.3 shall apply tt~ the cxpi~•atic~a~ ofthis Agreement and to the early terrnu~atian of the Agu°ee~nent. The termination o l' this Agreement shall oat relieve either party of any liabili#y thftt accrued prior to such termination, Except as set forth in this Sectiran 6.3, upon the termination ai' this Agreerrter~t, all of the pravisiorrs of this Agreement shall tc:i~t~inatc and: 6.3.1. Vendor shall {i) im~nediateiy cease to provide services, including but oat linuted to r~vork in cortnectian with the construction or installation activities and services in connection with the TSCP, (ii) promptly deliver to the City any anti all Proprietary Property of the City provided to Vendor pursuant to this Agreement, (iii) promptly deliver to the City a final report to the City regardint; the collection of data and the issuairce of Notices of Infraction in such fat`xuat and for such periods as the City may reasonably reclucst, and which -final report Vendor shall update or supplement from tune to time when and if additional data or information becomes available, {iv) provide City all data pertaining to outstanding Civil lice payments due and owing tc~ City and po#ential payments clue to Vendor, (v) provide City with its proposed schedule for the removal of the Vendor's equipment, at no cost to the City, frarn the City and once such schedule is approved by City Vender shall remove such pursuant to the schedule; and (vi) provide s~zch assistance as the Gity way reasonably request frarn tune to time in connection with prosecuting and enforcing Notices of Infraction issued prior to the terEnination ofthis Agreement. 6,3.2. The City shall {i), except tar pendinb enforcement cases, immediately cease using the TSCP, accessing the Vendor System and using any other Intellectual Property of Vendor, and {ii} promptly deliver #o Vendor any and all Proprietary Property of Vendor provided to the City pursu<~nt to this Agreement, other than such equipment itZStalled by Vendor along the roadways for the enforcement prngranr. 6.3.3. Unless the {~'ity and Ve~rdnr have agreed to enter into a new agreement relating to the TSCP or have at~ee;d to extend the Term of this Ab~eement, Vendor. shall remove any and all Equiprrient or other mat~-ials of Vender installed in connection with Vendor's performance of its obligations under this Agreement, at no cost tc~ City, including but not limited to housings, poles and camera systems, and Vendor shall restore the Designated Intersections to substan#ially the same condition such Designated lntersectinns were in in~cdiately prior to this Agreement, except For Page 1 U of 31 lbundation re~-noval, which shall be iefl approximately Mush with grade and no exposed rebar, steel ar other hazards, at na cost to Gity pursuant to the schedule agreed upon by the parties ire section 6.3.1. 6.4. State Enalaling legislation Termination. Aber two (~} Yeats fallowing the date the last party executes this Ageemen#, if state enablitlg legislation has not been passed as noted in Seciir7n 2,0, anti, if the oily has rto ir~stallcd rod light cameras, then this Agreement t~7ay be terminated by written notice ~y either party- 7.0 Fees to be Paid to Vendor anri Payment Processing, 7.1. Vendor shall Dave the right to receive the compensation sot Fartlz on, and pursuant to, Cx1libit ~ attached hereto. 7.2. Vender shall be responsible far processing payments of the Civil Pees. The Vendor shall provide payment means thratzgh mail, telephone and on-fine ptncesses. Vendor shall track all payn~cnts and ha~zdle all applied payments, utlapplied payments, overpayments, refunds; adjustments, dismissals and reversals. 7.3. Vender shall pay City all payments received during a calendar month, no later than the 7~' day otthe next ['allatving month. '~.4. Vendor shall invoice the City for all applicable tees according to the fee schedule delineated on Exhikrft "F". Along with the invoice, Vendor shall provide rixfarzz~ation to the City, i-tt a format acceptable to the City, supporting the invoice arlraunts forwarded by Vendor to the City. In addition, City shall have access to the tirtancial reporting functions of Vendor's system upon City's request. 7.5, During the term of the Agreement, City shall not be requu•ed to pay Vender more than City (ar Vendor on City's behalf) has collected/received in fines payments tluough the use of the Axsis System cumulatively throughout the term; of the contract. For the purposes of this clause, the term "fines" applies to that portion of fines actually retained by the City. 7.5.1. [f collections for the program during any month era less than the full amount of Vendnr invoices, Vendor shall be entitled the full amount of Ernes actually collected. Vender will maintain an accounting of any net balances awed to Vendor and shall apply future collections first to the accrued balance aa~d than to the current month's invoice. At any time #hat Vender fens and tnly accrued hala~zces are fatly repaid, additional corrections will be retained by the City. Any positive revenue balances generated fxora~ this program (whether reserved in cash or not by the Gity} will be used to offset future Vendor invoices in the event of n3onthly deficits. 7.6. City and Vender can change cotnpensatian and pricing as outlined in Exhibit f of Agreement. Orly those pricing progrzznis identified as "optional Pricing Descriptions" in Exhibit [; will be considered. Any change wtll occur after one (1} Page 11 of 31 year from the live date of each camera, and thereafter upon the twelve (12} month anniversary date after each camera is installed and activated. 7.7. Either party mrry seek to elect to amend the terrla and pricing fee structure of this agreement 4vithin sixty (b0} days folla~ving the passage oFstate enabling legislation. I-lowevcr, any change to the term ar pricing fees will be subject to mutual written consent by bath Vendor and City. 8,4 Survival. Notwithstanding the foregoing, the parties' obligations shall survive the termination of the Agreement to the extent necessary to fulfill the parties' accrued manetaty obligations under this Agreement. ~,(l Confidentiality. During the term of this Agreement and for a pr;riad at three (3) years thereafter, netther Party shall disclose to any third person, or use for itself in any way for pecuniary gain, any Confidential lnfarmatiorr learned tram the other party during the course of the negotiations far this Agreement at' during the Term of this Agreement, subject to the obligations and requirements of Flarlda"s public records laws and public meetings law. Upon termination of this Agreement, each party shat! return to the other all tangible Confidential Information of such party. Each Party shall retain in canFidence and not disclose to any third party any Confidential Information without the other party's ex}~ress written consent, except (a} to its employees ~vho are reasonably required to have the Contdential Itafotmatian, (b} to its agents, representatives, attorneys and other prcatessianal advisors that have a need to knotiv such Confidential Infan~nation, provided that such parties underta[~e in writint; (ar are otherwise bound by rules of professional conduct} to keep such information strictly canhderttial, and (c} pu€'suant ta, and to the extent of, a request or order by any Governmental Authority, including laws relating to public records. i 0.~ [ndemnitication a_ztd Liability ~"he Vendor shall indcr~tnity, defend and hold harmless the City against any actions, claims or damages that may be brought against the City based upon Vendor's action or inaction as a result aFtl~is Agreement. These provisions shall not be construed tU constitute an agreement by the Vender to indemnity the Ciry For the City's negligent, willful or uttentional acts or omissions. ll.U Independent Contractor. `this A~~r•cement does not cream an en~ployeelernplayer relationship betwCen the; parties. It is the intent of the parties that the Vendor is an independent contractor tinder this Agreement and not the City's employee for all purposes, including but not limited to, the application of the Fair Lobar Standards .Act minirnurn ~vagc and overkitne pttyrnents, Federal Insurance Contribution Act, the Social Security Act, the Federal Unemployment Tax Act, the provisions aFthe Internal Revenue Page >i2 pf.il Code, the State 1Vorkers Compensation Act, and the State unemployment insurance law. The Ve~r.dar shall retain sale and absolute discretion in khe judgment of the marurer and means al' ca3~rying out Vendor's activities and responsibilities hereunder provided, further that administrative procedures applicable tv services rendered urxler this Agreement shall be those of Vendor, which policies of Vendor shall not conflict with City, or United States policies, rules or regulations relating to the use of Vendor's funds provided far herein. 't'he Vendor agrees that it is a separate and independent enterprise from the City, that it has full opportunity to fZnd other business, that it has made its own investment in its business, and that it will utilise a high level of skill necessary to perform the work, Ties Agreement shalt oat be construed as creating any joint employment relationship between the Vc;~7dvr and the City and the C.`ity will oat be liable for any ohligativn incsurred by Vendor, inUludittg but not limited to unpaid minimum wages andlor overtime premirtms, ] ~.0 Assi~,ntnerrts; Amendments. This Agreement, or any iate;rest herein, shall rrvt he assigned, ts•ansferred or otherwise cncttmbered, under any circumstances, by either party, including without limitations purchases of cv>3trolting interest ur Vcndar ar n~ergcr, ~vithaut tlrc prior written consent of the. other party. l! is further agreed that no n~odifiCakion, amendment or alteration in the terms or conclitians cantainecl heroin shad be effective unless contained in a written document executed with the sacne formality and of equal dignity herewi#h. 13.0 No Cantin~Yant )~ces, Vundar warrants that it has not cmlplayecl ar retained any company or perso~r, other than a bona fide employee working safely for the Vendor to solicit ar secure this A~;reerrrent, and that it has oat paid or agreed to pay any person, company, carparatiatr, individual or frrm, other than a bona fide employee working solely for Vendor any fee, percentage, gift, ar other consideration contingent upon or resulting franc tlac avrard ar making of this Agreement. Far the breach or violation of this provision, the City shall have the right to terminate the Agreement without liability at its discretion, to deduct from the contract price, or otherwise recover the full amount of such fee, percentage, gift or consideration. 14.0 Notices. `rVhenever any party desires to give notice unto any other party, it roust be given by written notice, sent by cct•tihed United States mail, with return receipt rec}uested, addressed to fhe party for whom it is intended, at the places last speciFied, and the planes for giving aF notice sl~ll remain such until they shall have been changed by written notice in compliance with the pmvisians of this section. For the present, the VENDOR and the Cl'I'Y designate the following as the respective places for giving of notice: City: David Harden, City Manager City ofDelray Reach 10t1 NW ls` Avenue Delray Beach, ljlarida 3341 l Phv~1e: (Sfil) 243-7010 Page l3 of 31 Vendor; American Traffic Solutions, loc. 7681 E. Gray Road Scottsdale, A7 85260 Attention: Chief pperating Officer 15,0 Audit Rights, Each ofparties hereto shall have the right to audit the books artd records of the other party hereto {the; "Audited Party") solely for the purpose of verifying the payra~ents, if any, payable pursuant to this Agreement. Any such audit steal[ be conducted upota not less than forty-eight (48) hours' prier natii;e to the Audited Party, at mutually convenient times and during the Audited Party's normal business hours. Except as otherwise provided ita this Agreement, the cost of atay such audit sloe!! be borne by the non-Audited Party. [n the event any such audit establishes any underpayment of any payment payable by the Audited Party to the non-Audited Party pursuant to this Agreement, the Audited Party shall promptly pay the mount of the shortfall, and in the event that any such audit establishes that the Audited Party has underpaid any paynnent by more than ten percent (] 0%} of the amount actually owitag, the cost of such audit shall be borne by tlae Audited Party. In the event any such audit establishes any overpayment by the Audited Party of any payment ntttCle pursuant to dais Agreement, non-Audited Party shall pratnptly refund to the Audited Party the amount of the excess. 16.0 Dispute Resolution. Upon the occurrence of any dispute or disagreement between the parties hereto arising out of or in cannectian with any term ar provision of this Agreerr~ent, the subject matter hercol; or the interpretation or enforcement hereof (the "dispute"), the parties shall engage in informal, good faith discussions and atte-aapt to resolve the Dispute. In cannectioiz khcrewith, upcan written notice of eitiaer party, each of the parties aril] appoint a designated officer whose task it shall he to meet for the purpose of attempting to resolve such Dispute. The designated officers shall meet as often as the parties shall deem to be reasonably necessary. Such officers will discuss the Dispute. If the parties are unable to resolve the Dispute in accordance with this Section 16.0, aced in the event that either party concludes in good faith that amicable resolution through continued negotiation with respect to the ©ispute is not reasonably likely, then either party xuay provide. a written notice of termination of this Agreement in accordance with Section 6.1. Bath parties shall also have any other remedies available at law. 17.0 Binding Authority. Each person sigtaing this Alree•~ne:nt ort behalf of either party individually wa~n•ants that he or she has full legal power to execute this Agreement on behalf of the party far wham lee ar she is signia3g, and to bind and obligate such party with respect to al! provisions contained in this Agreement. 18.0 Headings. Headings herein are far the convenience of reference only and shall not be considered on any interpretation ofthis Agreement. 19,0 l~xhibits. Each 1?xhilait referred to u1 this Agreemene f'ornzs an essential part of this Agreement- The exftibits shall be treated as part of this Agreement and are incorporated herein by reference. Page X4 of 31 20.0 i~Jaiver. Failure of either party to insist upon strict performance of any covenant ar condition of this Agreerent, ar to execute any right herein corttainecl, shall not be cat~strued as a waiver or relincluishmGn# for the fu#ure of any such ~avenant, condition or right; but the same shall retrain in lull force and effect. 21.0 Legal Represisnt t~ ion. It is acicnauvlodg~d that each pr-rty to this Agreoment had the opportunity to be rcpresentecl by counsel in the preparation ai' this A~-eement and, accordingly, the rule that a contract shall be intetpre#ed strictly against the party preparing sa€re shall rat apply herein due to the joint contributions of boat parties. 22.0 Severahilify, if any provision of this Agreement or application thereof to any person ar situation shall, to any extent, be held invalid or unenforceable, the remainder of this Agreement, and the application of such provisions to persons ar situations other than those as to 4vhicli it shall have been hc.id irivalid ar unenforceable shall riot be afi~ctc:d thereby, tzncl shall continue in full farce and effect, and be enforced to the fulles# extent permitted by lave, except that this provision shall not be deemed to deprive any party of any legal remedy, including terrrrit~atinn. 23.0 lrtsurance. 23.1. Throughout the term of this Agreement, the Vetidar agrees to maintain in farce at their own expc;nse insurance as follows: 23.1.1. Catnprehenstve General Liability insurance to cover liability fctr bodily injury and prapet-ty damal;e. Exposures tc~ he wavered are premises, operations, productsicattapieted operations, and contractual liability. Coverage roust be written an an occurrence basis, with the fallowing; limits of liability A. Bodily InjurylPraperty Damage 1. )/aeh Occusrenco $ l ,bOQ,OQ0 2, Annual Aggregate $1,gQQ,gOq B. Personal injury ] . Annual Aggregate $1,000,000 23.1.2. Vi7orker's Compensation lnsurartce shall be maintained during the life of this contract to cotrply with Florida statutory limits for all etrployees. Tito fallawittg limits must be maintained: A. ~~orker's Compensation B. Employer's Liability Statutory $ l OO,OQO each accident $SOO,gUO Disease-policy limit $100,000 Disease-employee Page 15 af3T If Vender claims to lie exempt from this requirement, Vendor sl>all provide City proofnfsuch exemptiazl along with a writtcnrequest for City to exempt Vendor, writte,a oxt Vendor letterhead, 23.1.3. Corriprehensive Auto Liability -coverage shall include awned, lured and non,owned vehicles. A.. Bodily Injury and Property Damage colnbizted single limit ~. Eacltaccurrenc~ ~I,oao,aoo z. Axtltual A~~-e~~te ~l,ooo,ooo 23.1.1. Professional Liability - ~ 1,000,0oQ. 23.1.5. 23.1.5Vendor shall name the City as an additional insured nn each of the policies required herein, with the exception cif tl~e Vendor's Worker's Compensation policy and professional Liability, 23.2. Certificates of lnsw•anee, retl4cting evidence of the required insurance, shall lie filed with the City's Risk Manager prior to the c:ointnencetnent of this Agreeirlent. These Certitcates shtYll contain a provision that coverage's afforded under these policies will not be canceled or impaired until at least forty flue (4S) days prior written notice has becn given to the City. Policies shall be issr.led by companies authorized to do business under the Iaws of the State cif Florida. p'inanclal l~attngs must not be less thatz "A-VI." Insurance shall be in force until the obligations required to be fulfilled under the terms of the Contract are satisllcd. [n the event the insurance certificate provided indicates that the insurance shall terminate and lapse during the period of this cantrac#, thext in that event, the Vendor shall furnish, at least thirty (30) days prior to the expirstion of the date of such insurance, it renewed certificate of ia~surance as proof that equal and Like coverage far the balance of the period of the contract and extension there under is it1 et•'tect. 23.3. Any insurance required of Vardar pursu~int to kills Agreement trust also be required by any sub-contractor of Vendor in tha same limits and with all requirements as provided harem, including naming thi: City as at1 additional insured, if any work is subcontracted unless such subcontxactar is covered by the protection afforded by the Vendor and provided proof of such coverage is provided to City. The Vendor and any sub-contractor of Vendor shall maintain such policies during the term ofthis Agt-eenteut. Z~l.tl Governin I..aw. This AgreemEnt shall lie governed by the laws of the State of Florida with venue lying ur Palm Beach Coultty, Florida, ZS.O Record Retention. Notwithstanding any instanc~;s of equipment inaintenancclmalfunctian resulting in unanticipated loss ofdata, Vendor maintains videos and images of actual and rejected violations indefinitely, Vendor will also ensure the "rolling video" the ran violation video will regularly retrain retrievable for a tnitain-tum of3D days. PageZGot31 26.0 Extent of A eeznent. This Agreement represent#s the entire and integ-rated a~ree~,ent between the City and the Vendor and supersedes all print negotiations, representations or agreements, either written or oral. 27.0 lxlalver of J Trial. In the event of any litigation between the parties whicl~ in any way arises out of this Agreement, the parties hereby agree to waive any right to trial by jury. 28.0 lZf`P Res arse. Vendor agrees to cvtnpl~+ with any provisions aftlse 1tFP which are not in conflict with this Agreement, anal to catnply with at3d honor any written representations, clarifcatiorts and exceptions made by Vendor during the Rp'P 1?racess. VEndoz-'s response to the RFP is incorporated into this Agreement by reE'erence. 29,0 Compliance with Law. Vander shall comply with till applicable; laws in the performance of its services hereunder, and represents that it possesses all required licenses and certifications to perform the services. 3Q.0 Anti-Collusion. 30.1. Bidder certifies that this bid is made without prior understanding, agreement, or connection with any corporation, firm or person submitting a bid for the same materials, service, supplies, or equipment and is in all respects fair and without collusion or ti'aud. 30.2. Na preniiutns, rebates ar gratuities permitted; either with, prior to, or after any delivery of material or provision of services. Any such rJiolation may result in contract cancellation, return of materials or discontinuation of services and the possible removal fron~z the vendor bid List (s}. 31.0 Cont7ict of Interest. 31.1. Bidder declares anti cez'tifies khat no officer, employee ar person whose salary is payable in whole or part from the City of Delray Beach is directly or indirectly interested in this bid or irj the supplies, materials, equipment' or services to which it relates ar in any portion of the profits thereof; or 31.2. The award is subject to provisions of State Statutes anel City 4rditiazrces. All bidders t»ust disclose with their bid the name of any officer, director or agent who is also an employee of the City of Delray Beach. Further, all bidders must disclose the name of any City employee who owns, directly or indirectly, an interest of five percezat (S} or zrtare in the bidder's fzrm or any of it's branches. 32,0 Non-Discrunination. The Bidder shall not discriminate against employees or applicants faz' enrplayn~ent because of race, creed, color, religion, sex, age, handicappt~d status, disabilities, or national origin. The bidder will endeavor to ensure that applicants are employed and that employees are treated during employment, without regard #a their race, creed, color, religion, sex, age, handicapped status, disabilities, ar national origin. Such action shall in.ciude but ne?t be limited to the following employment, upgrading, demotion, ar transfer; recruitment advertising; layoff or tet'niiuation; rates of payer other Page 17 of~l forms nt coii~pensation; and selection for training including apprenticeship, The bidder at~sees to past in canspicuaus places, available to employees acid applicants for employment, notices setting forth the provisions of this nondisarin~ination clause. These provisions apply to all subcontractors and it is the responsibility oPthe subcontractors to be i~~ compliance. IN ~YITNESS OF THE FGREGOING, the parties have set their hands and seals the day and year first tivritten above. ATTEST: CITY OF QELRAY BEACH 13Y: CITY Cl,IaRK DAVID HARDEN, CITY MANAGER Al?PROVCD AS TO FORM: CITY ATTORI`iEY WITNESSES: ~~ A'CTIaST;~ SECRETARY A1YII<;ItICAN TI~Ap'FIC SOL[1TIOlYS, II~C. BY: ADAM U OI~I, EVT'/GOO Page 18 of 31 STATE QF ARIZONA . ss: CauNTY o~ MA1~CdPA ON THIS day of _L__ ~ , 2009, before me, thc: undersigned notary public, personally appeared ~ldarn Tu#an, persoi~Ily known to me, and is the person vvho subscribed to the foregoing instrumer-f. ;end who acknawledged that he executed the same on behalf of said Carparatian and tljat lie was duly autl~ari~ed to do so. IN WITNESS 1~-iEREDF, I hereunta set nay hand and oCficia] seal. Print ar Type Name My Commission Expires: ~~~~ t , ~-O t~ LINDA M. Yd~t,SCH ~lotary Pubilc - Arlxona I4t~rlcapa County • ` ~y Comm. ~xpfras Jun #. 20#3 I'~tge 19 of3~ E~~tr~~T "A" Designated Intersection Installation of any approach is subject to engitteez-ing and video analysis results, Additional approaches will be selected based on collision history, input anti recomrrtendations from the Ciry's police IJ~partmcnt, ingineering Department and an engineering feasibility assessment. Venriar shall apply fc~r a penrtit witlvn six (G) days of at! approved Irlterscckian Engittecring Plan by City and Vendor. Vendor will provide the City with video evaluation of candidate sites using the Axsis V1MS system to assist the City's Police and l:zlginoering Depai-ti~~ent in its recart~inendatiotts. The progra~rl tray be implemented at additional intersections after the conclusion of the Warning Period. The intersections will be designated liy the City's Prq~eet Manager, which designation will be based upon Police and Engineering I~epart~nent staft'review and an engineering analysis. Page 20 0l"31 EXHIBIT "$„ Const~~tction and Installation Dlili~ations 'l'ime fr+axne far lnstalliiliair: Traffic Safet Camera Pra am Vender will have cacti specified intersection installed and actiYaked in phases in accordance with an implerrtentatian plan: to be mutually agreed to l?y Vendor Trafi"ic Systems and the City Mar~ager or designee. Vendor wi11 use reasonable commercial eftUrts to install the: system in accordance with tllc schedule set forth in the iSnpleinentation plan that will be fnrtnalized upon project commencement. Unless mutually agreed to by Vcndar and City, Vendor will use reasonable cotau~~ercial efforts to v~stall and activate all specified intersection(s) within thirty (30}days subsequent to receipt of all permits required by Section l.•4 oftltis )xhibit 13. Prior to state enabling legislation, Vendor will work with Custc~rt~er in the testing, engineerir-g, design, caarduiating business rules requirements, permitting, and assisting with public infnririatian and outreach campaign strategies. Canstructi©n of photo enfarceinent sites mutually agreed td by Vendor and Customer may bcl;in once state enalalistg legislation is passed and Customer provides a Notice to Praceed. 1.[} Vendor Obli ations. Vendor shall clo or cause to be Clone each of the following {in cacti case, unless otherwise stated below, at Vendor's sole expense}: l.l. Appoint the Vendor Project Manager and a project implementation team cpusisting of be#~veen one ~ 1 } aiad four (4) people to assist the Vendor Project Manager; 1.2. Request current "as-built" electronic engineering drawings for the Designated Intersectiatts (the "Drawings") from the appropriate trafF~c engineer; 1.3. Develap aJ~d submit to the City fUr approval construction and installation specifications in reasonable detail for tlac Designated Intersection, including taut oat limited to specifications for all radar sensors, pavement loops, electrical connections and traffic controller cat~nections, as required; and 1.~. Seek approval from tlae relevant Governmental Authorities, in conjunction with the City, having authority or jurisdiction aver the canstc•ctctiou and inatallatiot~. specifications for the Designated Intersection {collec#ivoly, the "Approvals"), lvhic:h will include compliance with City permit Applications. 1.5. Seek rights ti-olxl private property owners, in eanlunctton with the City, as necessary for the placement of System Equipment at designated iiterscctiatas 4Yhere Govei•nn~ental Authorities have jurisdiction aver fire designated intersection and adjacent riglYts of right of way, and such gavernmental Entity denim auihority to Vendor for the installation of its equipment. Page 21 of31 1.6. 1~inalize the acquisition of the Approvals; 1.7. Submit to the City a public awareness strately for the City's consideration and approval, which strategy shall include media and educational materials for the City's approval or amendment according to the A"fS proposal (the "A~,vareness Strategy"); 1.8. Develop the lied Light Infraction Criteria in consultation with the City and consistent. with City Ordinance; 1,9. Develop the l;nforcetnent Documentation for approval by the City, consistent with the requi~'ements of fhe City Ordinance; 1.10. Complete the installation and testing of all necessary lquipment, including tturdware anal sallware, at ths: Iaesig,nated Intersectiat~s (under the supervision of the City}; 1.11. Cause an electrical sub-contractor to corripletc all reasonably necessary electrical work at the Designated Intersections, including but eat limited to the installation of all related E.siutpn~ent and other detecticsn sensors, poles, cabling, #elecan~rnurrications equipment and wiring, which work shall be performed in compliance with all applicable local, stag and federal laws and regulations; 1,12, Install and test the functionality of the Qesignated lnterseetions with tlte~ Vendor System and establish fully operational Infraction processing capability with the Vendor System; 1,13. Irnple~nent the use of the Vendor System at esach of the Designated Intersections; 1,14, Deliver the Materials to the City; I-1S, Issue Notices of Infraction, and if the civil penalty is unpaid or the alleged violator requests a hearing, issue Notices of FIearing for Authorized Infractions pursuant io City Ordinance; I,1Ci. Obtain accc,5s to khe records data of the Department of Motor Vehicles in Vendor's capacity as needed 'for the program; and, 1.17. Vendor shall provide l'raining for personnel of the City, includi~tg, but not limited to, the persons who City shall appoint as Authorizes{ Employees and other persons involved in the administration of the TSCP, regarding the operation of tha Vendor Systc;tn and the TSCP. This shat! include training with respect to the Vender System and its opErations, strategies ti7r presenting lr~fractions Data in court and judicial proceedings and a review of tl~e l~ntorccrr~ent Docunxentation; l.l$. lnteract with court and judicial pt;rsor~el, including the City's hearing otlicer to sddress issues regarding the implementation of the Vendor System, the development of a subpoena processing timeline that will permit the offering of Infractions Data in Page 22 of 3l hearings and judicial proceedings, and caordirration between Vendor, the City and the City's t-Tearing officer; and 1,19, Provide redsnrral?!e public relations resources and media materials to the City in the event drat the City elects to conduct a public launch of the TSCP. 1.2U. Notice of Infraction processing and Native of Infraction re-issuance, as well as notice of hearing. 1.21. Vendor small remove from work site(s) at the end aFeach working day all rubbish and ~vaste debris resulting fronn operations. Vendor shall secure the work site before leaving at the end ofeach working day. 2,0 CITY GBLIGATIONS, The City shall do or cause to be done each of the following (in each case, unless ntherwrse stated below, at City's sole expense}: 2.1. Appoint the Project Manager; 2.2. Assist Vender in obtaining the Drawings tram the relevant Governmental Authorities; 2.3, Notify Vendor of any specific requirements relating to the constrtrction and installation o#'any Intersection or the imglcmcntation of the TSCP; 2.~1, Assist Vendor in seeking the Approvals 2.5. Provide reasonable access to the City's properties and facilities in order to permit Vendor to install and test the titnctianality of the Designated Intersections and the TSCP; . 2>6. !'rovide reasonable access to the personnel of the City and reasonable information about the specific operational recluirernents of such personnel for tine put~oses of perfarrnitig training; 2.7. Seep approval or amendment of Awareness Strategy and provide written notice to Vendor with respect to the quantity of rrtcdia and program materials (the "Materials") that the City will require in order to i3nplement the Awareness Strategy during the period commencing on the date on which Vendor begins the installation afany oftl~e Designated Tntursection and end'ung six (h} months after the Tristallatinn Date; 2.~. Assist Vendor in developing the Red Light Intaction Criteria; and 2.9. Seek approval of the enforcement Dacumantation. 2.1 tl. The City shall, on a form provided by Vendor, provide veritiuatian to the State Departmernt of Motor Vehicles, Natiornal Law enforcement Teicconnznuniea,tians System, or appropriate authority indicating that Vendor is acting as an Agent of the Page ~3 of 31 Cristosner for the purposes of accessing vehicle awnersl~ip data pursuant to the list of permissible uses delineated i.rt the Drivers Privacy Protection Act 18 U.S.C. ~ 2721, Section (bj (1 j and as y otherwise be provided or required by any provision of applicable state law. 2.11. if feasible, and aiily after all necessary approvals have boon obtained trans utilities and ater gavernmeutal entities with jurisdiction, City shall allow Vendor la access power from existing poGVer sources at no cost to City and steal] allow or facilitate access to traffic; signal phase connictians to a pull box, pole base, or controller cabinet nearest to each Camera System within the City's jurisdiction. Palm-Beach County will permit the placement of A`i'S equipment with in County rights of way by permit, but will not allow access to their signal ecluiptrtcnt ar place loops iii the paverrient. 2.12. The Polic€ Department shall process each potential violation in aecordattce with State Lae~vs andlar City Ordinances within seven (7) business days of its appearance in the Police Review (7ucue, using Axsis~'"s to determine which violations will be issued as Citations or Notices of Violation or as soon as reasonably practical in the event of technical diffcultles, power outages, ar other circumstances beyond the City's cantroi, or with the consent or approval of Vendor for extension. 2.13. City shall provide access to the Internet for the purpose of processing violations and adjudications. 2..14. Vendor shall, st no additional cost to the City, provide Police Dcparlsrtent / Adjudicatiari warlcstation computer ixianitars far citation review and approval which should provide a resolution of 1280 x 1024, which shall be returned to Vendor in the event the Agreesnerst is terminated. 2.15. Fnr optimal data thrrtugkput, Police ©epart.tYtent !Adjudication workstations slrould be connected to a high-speed Internet connection with bandwidth of T-1 or greater. Vendor will caardiiiate directly witH the City's Information Technology (iT) Department an installation and tanplernentatian of the computerized aspects of the program. 2.16. Police Department shall provide signatures a f all authorized police users ~vha will review events and approve citatipns an farms provided by Vendor. 2.17, In the event that remote access to t1~e AT8 Axsis VP5 System is laloaked by City's network security infrastructure, the Guy's iT Department and the counterparts at ATS shall caarclinate to facilitate appropriate carnmuuications access while maintaining required security measures. 2.18. Gity will waive the cast of permits where Vendor is required to perform warlc on City structure(s) ar property. Page 24 of 3l l'XHlI3IT "C„ Maintenance 1. All repair and rnaintcnance ofTrafl"ie Safety Camera Fro~~ram systems and related equipment will be the sole responsibility of Vendor, ineludint; but not limited to maintaininb tl~e casi.n~s of the cameras included in the Vendor System and all offer Equipment in reasottahly cyan and tnaff`rti~fiee coEtditiau. 2. Vendor shall not open the Traffic Signal Controller 13oxes without a representative of tl~e agency l~viszg maintenance resp~~nsil~ility present. 3. The provision of alk necessary cornunicatiott, broadband and tclephane services to the Designated Intersections ~vil1 be the soke responsibility of the Vendar 4. Tha provision of all necessary electrical services to the Designated Intersections Weill be tl~e sole respansibility of the Vendor. S, In the evcn# that images of a quality suitable for the Authorized Employee to identify Infractions camiot be reasanabfy obtained without tl~e use of flash units, Vendor shall provirie anal install such flash units. fi. Tl~e Vendor project IVlana~er (or a rensonal~le altercate) sktall be available to tlYC City's Project Manager each day. Pale 25 of ~l EXI~III3I.T `fD„ Infraction Processir~ 1. All Inti-actions Data shall be stored on the Vendor Sysfiem; 2, The Vendor System shall praci:ss Infractions Data gathered from the Designated Intersection into n format capable ofreview by the Authorized Employee via the Venilor System; 3, The Vendor shall make the initial deternritZatian that the irrtagi: mats thi; requirr;ments of the Ordinance and this Agreement, and is otherrvtse sufficient to enable the City to meets its burden of demonstr~ttiag a violation of the Ordinance. If the Vendor determines that the stajzdards are not met, thrW imati~ shall not ~ processed any further. ~, The Vendor System shat! be accessible by the Authorized Employee through a virtual private network in encrypted forf~~at by use of a confidential password on any computer equipped with ahigh-speed interact connection and a weh brolvser; 5. Vendor shall provide storage capabilities for the City to store infractions identified far prosecution for a period of time of not less titan fi~ur (~) years oiler final disposition of a case. ii. Vondar shall provide the Authorized En~plnyce with acctsss to the Vendor System for the purposes of reviewing the pre-processed Infractions Data within seven (7} days of the gathe;rinl; ofthe infraction Uata frc~rn the applicable Designated ]nterse<:tions. 7. 'i'he City shall cause the: Authorized Employee to review the infractions Data and to deternune v4nc~ther a Notice of Infraction shall hG issued wiQ~ respect to eacl3 Potential Infraction captured wifilun such Infraction Data, and transmit each such determination to Vondar using the snfttivare nr other applications or procedures provided ley Vendor on the Vondar System for suehpurpose. VENDOR HEREBY ACKNOWLEDGES AND AGREES THAT THE DECISION TO ISSUE A NOTICE Ole INI~I2AC'TION SHALL BE THE SOLE, UNILATERAL AND EXCLUSIVE DECISION OF THE AUTHORIZED EMPLOYEE AND SHALL BE MADE' IN SUCH AUTHORIZED EMPLOYEE'S SOLE DISCRETION {A `NOTICE OF INFRACTION DECISION"}, ANU IN NO EVENT SHALL VENDOR 1-IAVE THE ABILITY OR AUT]-IORIZATiON TO iviAKE A NOTICE Oh' iNh'RACTION DECISION; With respect to each Authorized Iniiacfiion, Vendor shall print and mail a Notice of Infraction within sewn (7} days after Vendor's receipt of such authorization from the City's Authorized Ernployce; rovided, however, during the 't'Varniitg Period, warnint; Infl-action notices shall be issued in respect of all Authorized Infractions; 9. Vendor shall provide a toll~frce telephone rtumbcr, at its sale expense, for the purposes of answc~rin~; citizen inquiries. ]t?. Vondar shall pertrtit the Authorized )=mployee to generate monthly reports using the Vondar Standard Repori System. Page 26 of 3I 1 1. Upon Vendor's receipt of a Fvt~tten request from the City and in addition to the Standard Reports, Vendor shall provide, without cost to the City, reports regarding the processing and issuance of Notices of lnfractian, the maintenance and downtime records of the Designated Intersections and tl~e funatianality ofthe Vendor System with respect thereto to the City in such tannat and far such periods as the City tray reasonably request, without cask to the City, 12. Upon Vendor's receipt of a written request fiont the City at least five (5) calendar bays in advance of a hearing, Vendor shall provide expert witnesses for use by the City in prosecuting lnfractians, l~fare the City's Fi.earit>g officer, at na cast to the City; 13. Vendor shall provide such training to City pe3•sanr3el as shall be reasonably necessary in order to allow such persotmel to act as expert witnesses +an belialf of the City with respect to the l2ed Light Ep~farcement Program. I-lawever, if a speci~3c case requires testimat~y an the tecl3tucal aspects of the equipment, upon Gity's request Ve3~.dor shall provide the City with an expet•t in the hearing in that case at no cost to the City Isl. During the Warning Period, Vendor small itnpiement a public relations program, in coordination with the City and upon City's approval, at na cost to the City in accordance with the elentetsts included in Vendor's proposal dated December 18, 24(}8, 15. Notice of Infraction Port~n. Vendor shall prepare and provide to City a Notice of It3lzaction Farm khat provides, at d 3t3iuit31utt1, tlje fallowing it~fctrn~atian_ a. na3x3c and address of the atvner of the vehicle involved in the infraction; b, the license plate number and registration number of the vehicle involved in the infraction; e. The make, model, a3~d year of the vch3cle; d. Notice that the infraction charged is pursuant to the Ordinance; e. the location of the intersection where tho infraction occurred; f. the date and tune of the infractio3~; g. Notice that there are recorded images relating to the vehicle and a statetrtent that the rewrded itrtages are evidence ofa red ~+ane infraction; h. a copy of the recorded image of the inti-actian; i. the a3noutat of fee and charges imposed and the date by which the fee and charges must 17e paid or appealed; j. instructions on all nlcthods of payment for the fee; Page Z'7 of31 k. a clear statement of the time limit to file an appeal and describing the procedure far appealizag the infraction; 1. a signed statement that the City's Traffic infraction Review Df~#"icer has revie~rred and observed the recorded images evidencint; the violation of the Qrdinance and has tbund reasonable and probable grounds to believe; that an inf~•aciiott leas occurred ak~d can identify the license tag number of the violating vehicle, an<{, m. a conspicuous statement, printed ate larger. font than the remaining statements an the Natiee of Infraction, and bAldccl, stating that if tho owner of tl~e vel~icl~ tails to pay the civil fee witlxin the tithe allotted, or fails tea timely appeal the infraction, the owner shall be deemed to have waived hip or her right to contest the infraction, and, has admitted to the iri&aetion riflec;ted in the Notice of Infraction. 16. Vendor agrees that the City shall have the right to review and approve the farm l~~atice of Iufi•action prior to its use, and that in tbo event City determines additional uiforination should be included in the Notice of lnfraction, Vendor shall trtadifv the Notice of Infraction form, at its sole expense, to comply with those requirements. 17. l?at' any City using ATS lockbox ar epay~ne~~t services, Vendor will es#ablish a deinartd deposit account bearing; the title, "ATS American 'fz'aftic Splutians, Lie. as agent for Customer" at U.S. Bank. All funds collected on behalf of the Customer will be deposited in tlti5 account artcl tr;nisfzt~red by wire the first business day at' each week to the Customer's primary deposit bank. The Customer will identify the account to receive funds wixed fro€n U.S. 13ai~. if desired., Customer will sibn a W_g and blocked account agreement, to be completed by the Customer, to ensure the Customer's ~rnancial interest in said [.1,5. Bank account is preserved, 18. Vendor is authorized to charge, collect and retain a convenience fee of $~1.~0 each for electrailic payments processed. Such fee is paid for by the violator. Pale 2$ of 31 Exhibit "E" Additional Ri is and Obli ations Vendor and the City shall respectively have the additional rights and obligations set forth below: 1. Vendor shall assist the City in public information and education et~orts, including but npt limited to the developt~~ent of artwork for utility bill inseEis, press releases and schedules for any public launch of the TSCF, as of#ered i.n the Vendor's proposal, ~. Vendor shall be solely responsible for installing such Signage as required by the City. The Vendor sha11 be solely responsible for the fabrication of any signage, notices, or other poskings required pursuant to any la~u, rule, or regulation of any Governmental Authority ("Signa~e"), includnnh;, but not li~niteci ta, the City and County Ordinances, State Statutes, and Florida ©epartmctat of Trans-partatic~n (FDOT) Regulutians and shall assist in detai~nining the placement of such Signage. Vendor shall be responsible for obtaia~u~g all necessary approvals from Governmental Authorities. 3. The Vendor Project Manager and the Project Manager shall meet an a weekly basis during the period catrnnencing as of the date of exeeutian hereof and ending an the terminat%on of the Warning Period Date, and on a monthly basis for the remainder of the Tcrn~, at such times and places as the Vendor Project Manager and the City Project Manager shall muhxally agree. 4. The City shall not access the Vendor System ar use the TSCP Program in any manner other than prescribed by lave and which restricts or inhibits any other Person from using; the Vendor System or the Vender Phatq Enforcement Pragratn with respect to any Intersection cnnstiucted or maintained by Vendor for such Person, or which could damage, disable, impair or overburden the Vendor System ar the Vendor Photo 1?nforcement Program, and the City shall not attempt to gain unauthorized access to (i) any account ofany ether Person, (ii) any computer systems or nehvarks connected to tl~e Vendor System, ar (iii) any materials or information not intentlonalhy made available by Vendor to the City lay means of hacking, password mining or any other method whatsoever, nor shall the City cause any other Person to do aixy of the foregoing. 5. The City shall ct2n.uZtav7 the confidentiality of any usemame, password nr other process or device for accessing the Vendor System or using the TSCF. b. l/ach of Vendor and the City shall advise each other in writing with respect to any applicable rules ar regulations gover-ting the conduct of the other on or with respect to the property of such ether party, including but not limited to rules and regulations relating to the safeguarding; of conlzdential or proprietary information, and when so advised, each of Vendor and the City shall reasonably follow any anti all such rules and regulations. 7. The City shall promptly reimburse Vendor for the cost of repairing or replacing; any portion of the Venciar System, or any property or equipment related thereto, damaged solely and directly by the City, ar any of its employees, cantraetors or agents. In all other instances, such costs shall he solely the Vender's costs. Page 29 of3t I;XHI$IT "I~„ Com~ensatian & Pricing Per Paid Fce There will ~~ np clsarge to City during the Warni~~g Period, at~d Vendor shall not eeceive any carnpensation Tor any notices sent durug the Warning Period. At the canaiusian of the Warning Period, and onto Notices of I~~fraetions are issued, Vender shall he can~pr;nsated as follows: Flat Fee Per Mar~tl~ Per Approach {one camera I r~r imaging} $4,750 Additional Ser~rices Pre-collection betters 10% of recovered revenue pelinquent Calleotians Service 30°1a afrecavered revenue QUtiOnal Pric%u~.llescrlpti4lts FFF Ox~tion D -Per Camera Paid Notices 1 ~` Tier Fea: First 89 paid per tnanth $47.50 each 2"`i Tier Fce: Next 90-149 paid per tr~onth $27.50 each 3rd 'T'ier p'ee: Next ISO-249 paid per month $17.50 each 4s' Tier Fee: All other paid notices per month $! 0.00 O tip ors G -Fee Pc;r Paid Citation 3rd Tier Fee: (Additional paid. notices per day per camera} $10 (8%) 2nd Titer Fee: (Next 2 paid notices p~°r day per camera} $25 (20%} i st Tior Fee,: (First paid notice per day per camera.} $125 (100°i°} All tiers assume an average across all installed cntneras. Page 30 of31 BXI-TIBIT "G" DMV Subscriber Agreement - ~ti~~ ~i~~n, ~:r~--_____r_~__ p~t~ ,entices ~ubscr~ber~~igreerr~ef~t RTC r4'~i3f~S that your a9eacy ~~ttlt;~ the intended use ~ the irrfor~n~tbn n~ a~.~iiab;a to your agenc~,r throtigi~ our seraices an€t that sect} ups are in carn~i"~nce witi~s the Fedefal Dever s Prlvaiy Pra;ec~on Act Tltla X7~}fk and catYt~er a~A~cahle ta~rrs go~~tefr~iflg dissen~inatiars of pudic reeArds, t~ase~ on ;our age~~s Intended use of such inforn}aa#iiarar STS ~~ili either grant pern}is~ian tea u~ ttre sew ar deny tI~ ap~kic~#i~. Plea~~ spectf}~ an~p of the falinq pern}lssiia[e uses undef §272'l that apply- ^ ('i ~, Fnr uae by any governn7ent a€~afscy, irrsludirrg aftp curt of law enf~r'cement agty, 1n carrytr~q out ~ functions, Of any private pers4~ Or entity actiryg ¢n Eaehalf at a Federal, ;3tate ar local agency in carr,+[nq nub its furlctlon3. ^ (~y Fof use in connection tivith any civil, crirttinai. adrr}:nistrati<,~e, or afiaitrat Rraceed'ing In arnf Federal, State, or Iacal court cr agency Qr laefafe any self rec~uiatar'y htady, including the servlco o$ process, rovestigatlon in anticipatioaa of €tigati~in, acid the execu#Ion al' enfarcerttent of #t~dgr~enfs arrt! orders, tiff pursuant tv an order ©t' a Fetleral, State, or Ioe~1 cn~ft_ ^ ~~ Fof use in providing notice to tha avrners of tried Gf in~pound~ci vehictes. ^ -~1t~} Fer use in cnnnecti with the taperation of private till transportatixm faciiipe=:. In canskdsrattai} of AT5 rlTaitll}} tts Services avaiiatale, Sul~scfti~er agrees tba {l~ utill~ ATS provided data only fof the purpose~sl specified at~nve; and iii} request such inforaticrr+ only for tl3~e Sulascrlber5 exclusive use in the ordinary t~urs~ of Sulascrilaer's l~usaness and l}ot fnr res-pie. I cer'~ifjr that I any auhnrized to execute the Sulascrilaer t.lse ~ertificatian an k;eflalf of the Suiascrllasr iistecl laelovr. Dn taehalf of such sutascrilaer, ! certii+l ti~rat the above statements are trite ~i}d corre~. Sulascritaer ackrytxtrledges and tigress that ,S,T~ may front time to tima audit Sul7scritaef's us? of R`[`a's Services. ~ ensufe that such usa IS sslstsnt v~~ the intended uses set forth above ~d with afi applitaf~le ka4vs. ach.com Sgr?tr#urr; of ruthcrized R~pra#~sva: i t"3aFe S't~n~t ~r~ I'~~,G ~~ O)` 3I `l•}~is agfr~amerrt sill tae far yeaf(s) e~n}€rtgnctng vn tfre date helovt and shall autnrnaticr~ily fenesv annually. This agreerrtent n}ay tae ternrnated +n~~iin 3L3 days entice of ilia anni~refs~af`~ date, annually, 7' MEMORANDUM TO: Mayor and City Commissioners FROM: R. Brian Shutt, City Attorney DATE: December 28, 2049 SUBJECT: AGENDA ITEM 9.F. -REGULAR COMMISSION MEETING OF ANUARY 5 2010 LEASE AGREEMENTICRA/OLD SCHOOL SQUARE GARAGE ITEM BEFORE COMMISSION The item before the Commission is consideration of a proposed lease agreement with the CRA regarding the Old School Square Garage retail space. BACKGROUND At the October 6, 2009 regular meeting the Canunission gave staff direction to prepare a lease agreement between the City and the CRA regarding the lease of the Old School Square retail space 10,289 sq. ft.). The major terms of the lease are as follows: 5 year term commencing February 1, 2010 Commission has final say over the subleasing of the space Annual lease payment in the amount of $150,000.00 CRA or sublessee are responsible for the buildout and maintenance of the space The space will continually be listed for sale and if sold during the 5 year lease term it will be subject to the lease with the CRA. The CRA may discontinue the lease if it is unable to budget the appropriate funds, upon giving the City written notice by May 1st of its intent not to renew for the next annual term beginning January 31st. The CRA, at its December 10, 2009 meeting, approved the lease agreement. RECOMMENDATION Staff recommends approval of the lease agreement. LEASE AGREEMENT THIS LEASE .AGREEMENT (hereinafter referred to as the "Lease") is made and entered into as of the of , 2©_, by and between City of Deray Beach, a Florida Municipal Corpratian (hereinafter referred to as "Landlord") and Delray Beach Con~nrunity Redevelapinent Agency, a Florida public agency (hereinafter referred to as "Tenant"). WITNESSETI~: TFIAT LANDLORD, in consideration of the rents and agreements premised and agreed by Tenant to be paid and performed, leases to Tenant, and Tenant leases from Landlord, the Premises described herein, subject to the fallowing terms. ARTICLE I DESCRIT'TION OF PROPERT'll'; TERM X. Desetiptror, oT Property. Landlord hereby leases to Tenant and Tenant hereby leases from Landlord. approximately Ten Thousand Two Hundred Eighty Nine (10,289) rentable square feet on the first (1st) floor of the Old School Square Parking Garage (the "Building"), as shown on Exhibit "A", which is attached hereto, and made a part of this Lease (the "Premises"), whichss heated al the southwest earner of NE 2°~ Avenue and NE l5C Street, Delray Beach, Florida, together with the right to use in common with other tenants of the Building, their invitees, customers and employees, stairways, elevators, hallways, and all other conunan facilities contained in the Building and parking areas. All of the land and real property underlying ar adjacent thereto, with all improvements thcretn, including the Building, and used in connection with the operation of the Building shall 6e referred to as the "Property". 2. Term. Tenant sha11 have and hold the Prcmises far a team (hereinafter referred to as the "Term" ar "Lease Term") of 1"rve (5) years commencing on Febnaary 1, 2010 (the "Cor<irrienLement Date") and expiring nn the January 31, 2015 (the "Expiration Date"}. Far the purposes of this Lease, a "Lease Year" shall be defined as that twelve {12) tnanth period during the Terra or any extension of the Term cntnmencing on the Commencement Date or the annual ariniversaay thereof, as may be applicable. l~or the purpose of this Lease, a "Lease Marrth" shall bo defined as those successive calendar month periods beginning with the Commencement Date and continuing throagh the Term nr ariy extension of the Terizr of the Lease. ARTICLE II RENT 1. Base Rent; Late Charge; Sales Tam, Tenant agrees to pay Landlord as rent for the Lease Term the sum of One Hundred Fifty Thousand and 00!100 Dollars ($150,OD(7A0) (the "Base Rent"), payable in one luixip sum no later than five (5} days after the ariiuversary date of each Lease Year durng the Lease Term. In the event any taxes are due as a result of this Lease or any sublease, Tenant shall also pay to Landlord al.l sales, use ar other taxes pertaining to the Rent which shall be remitted by Landlord to the Florida Department of Revenue or other appropiaate taxing authority, 3, Payment Without Notice or Demand. The Base Rent called for in this Lease shall be paid to Landlord without notice ar demand, and without counterclaim offset, deduction, al~aternerrt, suspension, deferment, dvninution or reduction. Tenant hereby waives aII rights now or hereafter conferred to any offset, deduction, ahatemen#, suspension, deferment, diminution ar reduction of the Base f2ent on account of any such circumstances or occurrence. 4. All nnonthly obligations owed by Tenant to Landlord shad be deemed rent. 5. The parties acknowledge that both parties arc tax exempt entities, and tl~e Premises are currently exempt front any ad valorem taxes and assessments. In the event, duriag the Lease Term, it is determined that auy taxes are due and awning, it shall be the Tenant's responsibility to remit the taxes to the Landlord. The Landlord s11all then remit any tax payments to the applicable taxing authority. ~-. Place of Payment. All payments of rent, or any other charges imposed pursuant to this Lease shall be made and paid by Tenant to: City Manager City of Delray Beach 1~[? N. Vd, 1S` Avenue Delray Beach, Florida 33444 or at such other place as Landlord nnay, fz-orn time to time, designate in wt~ting to Tenant. All payments shall be payable in current legal tender of the United States, as the same is then by law constituted. A12TICLE ffi l[I~iTl~N'][`)€C~NALLY QN1xTTED ARTICCLE IV use or PREMISES Tenant she!! usu the Premises far purposes as permitted by the City of Delray Beach's Land Development Regulations, and other applicable codes and regulations. Prior tv commencing any use an the Premises, the Tenant shall first obtain the written consent of Landlord, such consent shall not 6e unreasonably withheld. Tenant will not use or permit fire use of the Premises or any part thereof for any unlawful purpose, or in violation of any ordinances, laws, rules or regulations of any governmental hotly. Tenant shall not do ar permit any act which would constitute a public ar private nuisance or waste ar which would he a nuisance or annoyance or cause danoage to Landlord or Landlord's other tenants or which would invalidate any policies of 2 insurance or increase the premiums thereat', new ar hereafter written an the Building and/or Premises. ARTICLE V PARKING Tenant shall have the right of use of zero (0) designated par)iing spaces. All parking spaces not designated for other tenants of the Building shall be available on a first come first serve basis. In the event that Tenant desires to reserve packing spaces far Tenant's exclusive use, Tenant may request Landlord to designate reserved spaces for Tenant's use at a charge to be determined by Landlord, provided, however, Landlord shall not be required to grant Tenant an exclusive right to use any parking spaces, Iri the event the Landlord imposes a fee for parlung at the Property, the parties agree to enter into a license agreerr~ent, or other farm of agreement, to provide for the Tenant to have a reasonable number of parking spaces available for its use at no cost. ARTICLE VI ACCEPTANCIC OF THE PItENdISES Tenant acknowledges that Landlord has not made any representations or warranties with respect to the condition of the Prerniscs and neither Landlord nor any assignee of Landlord shall ha liable for any latent defect therein. The taking of possession of the Promises by Tenant shall be concEusive evidence that the Premises were in goad and satisfactory condition at the time such possession was taken, If Landlord shall give Tenant permission to enter into possession of the Premises prior to the Commencement Date, such possession or occupancy shall be deemed to be upon all the terms, covenattts, conditions, and previsions of this Lease, ART)rCLE VII LANDLORD AND TENANT OBLIGATIONS 1. Tenant`s Oblige#ians. Upon providing pz'ior notice, And Subject to the TCS~ant's written consent, Landlord may perl"orrn, at Tenant's expense tlaraughaut the Lease Tenn, any repairs to the fixtures and appurtenances within the Premises and Tenant's property, Said expenses shall be reasonable and approved by Tenant in writing, In the event Tenant dots not keep anti maintain the Premises to Landlord's satisfaction or make the said repairs or replacements within fifteen (IS) days after notice from Landlord, or in case of repair which, far causal beyond Tenant's control cannot with due diligence be cured within said period of fifteen (I 5) days, and Tenant shall oat have promptly after tiotic;e commenced such repairs and thereafter diligently prosecuted same to completion, within a reasonable tune, then Landlord may, in addition to any other remedies it may have under law or this Lease, cuter upon Ehe Premises and maintain the Premises and/or make the said repairs or replacements itself, as the case maybe, grid charge the cast thereof to Tenant as Additional Rent. 2. Landlord`s ~bligatinns. Landlord shall maintain, at its expense, the structural, functional and systemic aspects of the Building, including the roof, foundation, load-bearing walls, general building xrtaintenance, walkvrays, corridors, elevators, sidewalks, landscaping, and parking areas (hereinafter refezred to as "Comrrzon Areas"). ~ Tenant at any time shall give notice to Landlord that Landlord has failed ka comply in any respect with the provisiazis hereof, Tenant may perform all repair's and other work specified in such notice no later than thirty (3t)) days from the date that the notice is provided to Landlord. The time to perform such repairs maybe extended by the Tenant upon receipt of a written request fro~xt Landlord.. Any extension of tinge for the completion of repairs or other work must be in. writing, and executed by the Tenant's repix;sentative. The Tenant agrees that the Landlord shall not be responsible for any clairxts far damage to person or property that results from any impravement~5 constructed ar installed by the Tenant on the Building or Premises. In addition, in the event the Tenant enters into any sublease, the Tenant sha11 insure that any stthlease shall provide that the Tenant waive any and all claims against the Landlord arising out of ~e improverrrents made by eithex the Tenant or the sub-lessee to the Building or Premises, as well as any claim of any kind against Landlord az-ising out of the Landlord's failure, franc time to time, to furnish any of the services requested to be furnished to the Common Areas, excepk to the extent that such failure was caused by the gross negligence or willful misconduct of the Landlord. 3. IH~Inor Loads; Noise and Vil,ratiozz. Tenant shall not place a load upon any floor of the Premises which exceeds the load per square foot, whicEi such floor was designed to carry or which is allowed bylaw. Business machines and mechanical equipment belonging to Tenant which cause noise, electrical interference or vibration that may be transmitted to the structure of floe Building or to the Prezxises to such a degree as to be objectionable to Landlord shall, upon prior written notice fx•ozn Landlord to Tenant, at Tenant's expense, be placed and maintained by Tenant in settings of cork, rubber, or spring-type vibration eliminators sufficient to eliminate such noise, electrical interference or vibration. ~1. Landlord Services. Landlord shall furnish to Tenant only services to the Common Areas for the general use of Tenant. Should any equipment ar machinery breakdown or for any cause cease to function properly, Landlord shall zise reasonable diligence to repair the same protnptly,.but Tenant shall have na claim for rebate of rent or damages on account of any interruptions in service occasioned thereby or resulting therefrom, In the event Landlord does oat provide the service to the Common Areas within fifteen (l5) days after notice Frain 'T'enant, ar in case of repair which, for causes beyond Landlord's control cannot with due diligence be cured within said period of fifteen (15) days, and Tenant shall not have promptly after notice commenced such repairs and thereafter diligently prosecuted same to completion, within a reasonable tizrte, then Tenant may, in addition to any other t'etnedics it may have under law or this Lease, perfUCm the SEPVICCS to the Common Areas, and charge the cost thereof to Landlord. 5. Tenant Services. Tenant shall pay promptly or cause to be paid all charges far gas, electricity, light, heat, power, telephone and other utilities and services used, rendered or supplied to, upon or in connection with the Premises throughout the Term. Tenant shall cause the Premises, including the exterior and interior of the windows thereof, to be cleaned in a manner standard to the Building. Tenant shall be solely responsible for all telephone, television, cable and other communication expenses incurred in connectan with Tenant's use of the Premises. Tenant 4 shall be responsible for maintaining in goad cotaditian and repair, all air enndittotung and heating systems, exterior windows, interior and exterior doors, walls, flooring and ceiling, Ind all electrical and plumbing systems located within the Pretrtises. ARTrcLE vlr>Q LANDIaO~'S AND TENANT'S PROPERTY 7l. Landlord's Property, AEI fixtures, equipment, improvements and appurtenances attached to or built into the Premises at the cntxztttencerrtent of, or during the Term of this Lease, including caapetinp ar other similar personal property, whether ar not by or ~t the expense of Tenant, shall be grid remain a part of the Premises and shaIl be deemed the property of Landlord ("Landlord's Property") and shall not he rernaved by Tenant except as set Earth herein. 2. Tenant's Property. Tenant shall be responsible fot• the bttildottt of the Premises, including the flooring, plumbing, electrical, air conditioning, interior walls, which includes the wall between the 1?re.n~ises and the space to be used by the Delray Beac:l~ Chamber of Cauamerce, and the ceiling. All business and trade fixtures, anachinery and equipment, communications equiprrtent and office equipment, whether ar not attached to ar built into the Premises, which are installed in the Premises by or far the account of Tenant without expanse to Landlord anal which can be removed without damage to any fixture nr Tenant Improvement nor structural damage to the Building, and all furniture, furnishings and other articles of txtaveable personal property owned by Tenant and located in the Premises (hereinafter collectively referred to as "Tenant`s Property") shall be and shL-t1l remain the property of Tenant and maybe removed by Tenant at any time doting rho Tenn of this Lease sn long as Tenant's obligations are current and. na default exists under this Lease• In the event Tenant's Property is sa removed, Tenant shall repair or pay the cost of repairing any damage to the-Premises ar to the Building resulting from the installation and/or removal thereof and restore the Premises to the same physical condition and layout as they existed at the time Tenant was given pgsessign of the Premises, normal wear and teat- excepted. Any equipment or other property for which Landlord shall have granted ~fr-y allowance ar credit to Tenant shall mot be deemed to have been installed by or far the accqunC of Tenant without expense to Landlord, shall not be considered Tenant's Property and shall be deented the property of Landlord. 3. Removal of "lrenant's Property. At ar before the Expiration Iaate of this Lease, or within five (5} days after any earlier termination hereof, Tenant, at its expense, shall remove from. the Premises all of Tenant's Property (oxcept such items thereof as Landlord shall have expressly permitted to remain, which property shall became khc property of Landlord), and Tenant shall repair any da3nage tq the Premises ar the Building resulting from any installation and/or removal of Tenant's Property, and shall restore the Prenuses to the same physical condition and layout as they existed at the time Tenant was given possession of the Premises, reasonable wear and tear excepted. In c;annectinn with its obligations set Forth herein, Tenant specifically acknowledges that it shall be solely responsible prior to the expiration ar earlier tertnittatian of tkte Lease for the removal of all of its computer and lelecommunicatian-related ecluipfrtetat, including but not limited to, all wining and cabling installed in connection therewith, unless Landlord, in its sole discretion, consents in writing to Tenant leaving such equipntcxtt, wiring or cabling at the Premises. Tenant agrees that any cabling or wiring installed during the Lease Term shall be subject to Landlord's prior consent, which consent shall not be unreasonably withheld, and shall comply, at Tenant's sale cost and expense, with all the requireanents of the National Electric Code (NBC} and applicable national, state and local rules, regulations, laws and fire and safety Codes. Any other itezras of Tenant's Property which shall remain in the Premises after the Expiration Data of this Lease, or the earlier termination thereof, may, at the option of Landlord, he deemed to have been abandoned, and in such case, such items may be retained by, or otherwise disposed of by Landlord. Landlord may request Tenant to remove and pay to Landlord the ca5~t of repairing any damage to the Pretttises or the Building resulting from any installation and/or removal of Tenant`s Property and the cost of restoring the Pramises to the same physical condition and layout as they existed at the tune Tenant vvas given possession of the Premises, reasonable wear and tear excepted. ARTICLE IX DFST)It~CTI®N d~F P12E1~IISES If, during the TernZ hereof, the Ptetnises and/or the Building are damaged by reason of fire or other casualty, Tenant shall give immediate notice thereof to Landlord. Landlord may restate the Premises andlor the Building to substantially the same condition they were in iznntediately before said destruction, Landlord, at its election, may restore the Fremises and/or the Building, within a reasonable period of tune, and this Lease shall continue in full farce and effect. Rent shall be abated during the period in which the Pramises (ar portion thereof an a prorated basis} are rendered untenantable as a result of such damage, unless said damage was caused by the negligence ar intentional wrongful acl of Tenant or its officers, employees, agents or invitees: The Tenant and Landlord may enter into an amendment tp this Lease to provide far the abatement of tent in the event the Premises shall becafne untenantable during the Tenn of the Lease. Should Landlord elect to terminate this Lease, the entue insurance proceeds shall be and remain the outright property of Landlord, except any proceeds received for Tenant's Property, ar proceeds received frarra Tenant's business interruption insurance, il' any. ARTICLE X ALTERATIONS AND MECI~A.1~lIC'S LIENS A. A,lterati:ons lby Tananf. No alterations to the Premises shall be made by Tenant unless the fallowing canditiarrs arc met: A. `1'4napt shall provide a sealed set of plans prepared and eerlificd by an architect to Landlord, and Tenant shall have received the prior wzitten consent of Landlord, which shall not be unreasonably witl•~held ar delayed, contractor. B. All such alterations or improvements shall be performed by a licensed 6 G. Tenant shall have procured all permits, licenses and other authorizations required for the lawful and proper undertaking thereof, and immediately upon completion of any such alterations, Tenant shall obtain a proper Certificate of Occupancy and deliver same to Landlord, D. All alteratiar~s when completed shall be of such a nature as eat to (i} reduce or otherwise adversely affect the value of the Premises; (ii) diminish the general utility ar change the general character thereof; (iii) result in an increase of the operating Expenses, ar (iv) adversely affect the mechanical, electrical, plumbing, secu>,Yty or other such systems of the Building or the Premises. E, All alterations made by Tenant shall remain on and be suzxendered with the Premises upon expiration ar the earlier termination of this Lease. 2. Mechanic's, Materialtuaan's and Laborer's Liens. Tenant agrees that it will make full and prompt payment of all sums necessary to pay for the cost of repairs, alterations, irnpravernents, changes ar other work done by Tenant Co the Premises and further agrees to the extent permitted by law, and subject to the ]imitations contained in Section 76$.28, Florida Statutes, indemnify and bald harmless Landlord from and against any and all such costs and liabilities incurred by Tenant, and against any and all mechanic's, materialman's ar laborer's liens arising out of ar from such work or the cost tliercof which may be asserted, claimed or charged against the Premises or the Building or Property, The interest of Landlord ir- the Property shall eat be subject to liens far improvements made by ar for Tenant, whether ar not the same shall be made ar done in accordance with any agreement between Landlord and Tenant. This Lease specifically prohibits the subjecting of Landlnrd's interest in the Property to any mechanic's, rnaterialmau's ar laborer's liens for improvements made by Tenant or for which Tenant is respansable for payment under the terms of this Lease. Tenant shall have na power or authority to create any lien or permit any lien to attach to the presort estate, reversion, or other estate of Latadlard in the Property and all mechanics, materialmen, contractors, artisans, and other parties contracting with Tenant ar its representatives ar agents are hereby charged with notice that Choy must look to Tenaant to secure paytrtent of any ball for work done or material furnished or for any ether purpose during the term of the Lease. )II addition to the faregaiz~g, the Tenant shall notify any of its contractors making any in~pravements to the Property of the terms of this provision, and Tenant acknowledges that its knowing and willl'uI failure to provide said entice to the cantr~tctor(s) shall render the contract Between the Tenant and the contractor(s) voidable at the option of the contractor(s). 1n the event any notice or clahar of lien shall be asserted of record against the interest of Landlord in the Premises or Building or the site on which it is located on account of ar gt~owing out of ar€y impravenlent or work done by ar far Tenant, or any person claiming by, through or under Tenant, for improvements or work the cost of which is the responsibility of Tenant, Tenant agrees to use its bast c£fnrts to have such notice of claiu3 of lien canceled and discheuged of record as a claim against the interest of Landlord in the Premises ar the Building ar Property (either by payment or band as permitted bylaw) within thirty (30) days after notice to Tenant by Landlord, and in the event Tenant shall fail to do so, Tenant shall be cnnsidcred in default under this Lease. Tenant shall, prior to any 7 work being perfarix~,ed, at Landlord's xequest, execute and record any such recordable documents as are necessary to evidence Lancllard's non_responsibility to potential llenors. ARTICLE XI A~STGNII~TENT AND SI.TTiLETTING i. Tenant's 'T'ransfer. A. Tenant shall not volu~~tarily assign ar encttrxtber its interest in this Lease or in the Premises, or sublease all or any part of the Premises, or allow any other person ar entity to occupy or use all or any part of tlia Premises, without #irst obtaining Landlord's written consent, which consent shall not be unreasonably withheld, Any assignment, encumbrance or sublease without Landlord's prior written consent shat! be voidable and, at Landlord's election, shall constitute a default hereunder, No canseat to any assignment, encumbrance ar sublease sl;all constitute a fZntl~er• waiver of the provisions of this provision, In the event the Tenant entar•s into a sublease, this Lease, and all its terrr~.S, shall be incozporated as an exhibit to the sublease. 13. Prior to executing any sublease ax assignment, Tenant shall provide a copy of the proposed sublease/assignment to Landlord for rho Landlord's review and consent, which consent shall not be unreasonably withheld. Any assignnicnt consented to by Landlord shall be evidenced by a validly executed assignment and assumption of lease agreement, upon such terms acid previsions as sha11 be approved by Landlord, 2. Tenant's Llalbility. Notwithstanding env assignment or sublease, road notwithstanding the acceptance of Rent by Landlord from any such assignee Ur sublessee, Tenant shall continue to remain liable for the payment of Rent hereunder and for rho performance of all of the agreements, conditions, cavcnants and terms herein contained, 3. T landlord's Transfer. Landlord shall have the right to sell, assign, mortgage or otherwise eatcunnber ar dispose aFLandlord's interest in the Building, the Property, the Premises and this Lease, In rho event of any such disposition, Landlord shall have no further liability or obligation to Tenant €xnder this Lease. ARTICLE XII OIIILItYATION TO COIVTPYaY 1. Oblegations of Tenon#. Tenant shall, during the Term of this Lease, at its sale cast and expense, comply with all valid laws, ordinances, reb alatians, orders and requirements of ttny governmental authority which may lae applicable to the .Premises ar ko its rase, whether or not the same shall interfere with the use or occupancy of the Premises arising from (a) Tenant's use of the Premises; {b) the manner or conduct of Tenant's business or operation of its installations, equipment. ar other property therein; (c) any cause or rendition crewted by or at the instance of Tenant; or (d} breach of any of Tenant's obligations hereunder, whether or not such, eonrtplittnee requires work 8 which is structural ar non-str2lctural, ordinary or extraaxdinary, foreseen. ax unforeseen. Tenant shall pay all of the costs, expenses, fines penalties and damages which ratty be imposed upan Landlord by reason or arising out of Tenant's failure to fully and promptly comply with Arid ohserve tlrc provisions of this Section. Tenant shall give prompt notice to Landlord of any notice it receives of the violation of any law or requirerztent of any pu6iic authority with respect to the Premises or the use or occupation thereof, Tenant's obligation to comply with laws shall include, without linYitation, thane laws and regulations contemplated by Sections XXIl.2. and .XXl:l.9. below and Title III of the Americans With Disabilities Act of 199x, as Amended, and the Florida Clean indoor Air Act (FCIAA) stating a person may not smoke in an enclosed indoor workplace, In the event Tenant receives any notice alleging violation of any of the aforementioned laws, ordinances, regulations, orders, rules or requirements relating to any portion of the Premises, the Building or of the l?rapexty; or any notice of regulatory action ar investigation instituted in connection therewith, Tenr}rrt shall provide written notice to Landlord thereof within tan (14) days after receipt of same by Tenant. 2.. Attorneys' Tees. Each parry shall bear its awn attorney's fees and costs in connection wide the enfarcerrtent ar interpretation pf this Lease. ARTICLI; 7l;III RIGHT GF LANDLpRD Ta PERFORM TEI~IA,NT'S C(]VENANTS I. Payment or Performance. Landlord shall have the right, upan ten (10) days prior written notice to Tenant (or without notice in tlae case of emergency ar in order to avoid any fine, penalty or cost which may othervrise be imposed ar incurred) to Hooke any payment or perform any act required of Tenant under any provision in this Lease, and in exercising such right, to incur necessary and incidental cast<5 and expenses, including reasonable attorneys' fees. Nothing herein shall imply any obligation on the prtrt of Landlord to make any payment ar perform any act required of Tenant, and the exercise of tkre right to do sa shall Hat constitute a release of any obligation, waiver of any default or obligation of Landlord to make arry similttx payment ar perfatxax any sizniiar actin the future. 2, lE+;eimlrursennent. All payments made, and all casts and expenses incurred in connection with Landlord's exercise of the right set forth in Paragraph 1 above, shall be reimbursed by Tenant within ten (l0) days after receipt of a bill setting forth the amounts sa expended. Any such payrr~ents, casts rind expenses made or Incurred by l~~ndlord shall be treated as r~dditlonal Rent awed by Tenant. ARTICLE XIV INDEMNIFICATION, SOVEREIGN IMNILJNX'I'Y, AND INSURANCE L The Landlord is a state agency as defined in §758.25, Florida Statutes, and. agrees to be fully responsible far the acts and onussions of its agents or emplayees.to the extent permitted by law while they are employed by the Landlord. Nothing herein is intended to serve tr<5 a waiver of sovereign immtaniry by any party to which sovereign immunity may he applicable. Nothing hetein shall be construed as consent by a state agency or political subdivision of the State of Florida to be sued. by third Parties in any matter arising out of this Ab •eement. 2. The Tenant is a state agency as defined in §76$.28, Florida Statutes, and agrees to be fully responsible for the acts and omissions of its agents or employees to the extent permitted by law tivhile they are employed by the Tenant. Nothing herein is intended to serve as a waiver of sovereign immunity by any patty to which sovereign immunity may be applicable. Nothing herein shall be construed as consent by a state agency or political subdivision of the State of Florida to be stud by third Parties in any matter atising out of this Agreement. The Tenant an ~ees to defend and hold the Landlord harmless from any elairns, of any kind, nature, or description arising out of the use occurring on the Premises, or that is caused by flee improvements niadc to the PrenriseS ar Building by the Tenant ar arty sublessee. 3. The Landlord is a state agency as defined by §76$.2$, Florida Statutes. The Landlord sha11 furnish the Tenant with written verification of liability protection in accordance with state law prior to or at the tune of execution of this Agreement. 4. The Tenant is a state agency as defined by §768.28, Florida Statutes. The Tenant shall furnish the Landlord with written verification of liability protection in accordance with state law prior to or at the time of cxecu#iar~ of this Agreement, fn the event the Tenant enters into any sublease for the Premises, the Tetxant shall insure that the sttb-lessee provides insurance in sufficient coverages far fl1e Banding, Premises, and uses that are authorized to occur an the Premises. The Tenant will insure that the Landlord is named as an additional insured on any policies of insurance required by any sublease. The certificate of insurance shall be provided to the Landlord prior to the conxmeneement al; any sublease for the Premises. 5. )<nderntaifxcadian by SuL lessee. Tenant shall insure that any sublease includes the Fallowing provision: Sublessee agrees to indemnify and bald the City of Delray Beach ("Landlord") and its officers, agents, employees and invitees, harmless against an,d from any and all claims from or in connection with; (a) the conduct or management of the Frernises ar any business therein, ax any condition created (other than by Landlord) in or about the Pretrtises during the Term of this sub-lease ar during the period of tune, if any, prior to the Commencement Date that subM lessee txtay have been given access to the Premises; (b) any act, omission or negligence of sub- lessee or any of its subtenants or 3icensees or its ar their partners, directors, officers, agents, employees or contractors; (c) any accidenk, iztjury or damage whatsoever (unless caused solely by Landlard's gross negligence) accurtxng in, at or upon the Premises; and (d) any breach or default by sub-lessee in flee full and prompt payment and perfotxnance of sub-lessee's obligations under this sob-lease, together with all casts, expenses and liabilities inctuted in ar in connection with each such claim, action or proceeding brought against Landlord and/or its etnployc;es, including, without limitation, alI reasonable attorneys' fees and expenses. 1n case any action or proceeding is braugl~t against Landlord sub lessee, upon notice frotrt Landlord steal] resist and defend such. action or proceeding (by counsel reasonably satisfactory to Landlord atsub-lessee's sole cost tmd expense. ]Q ARTICLE ~V` D~FA[ ILT 1. L;ven#s of Default. Tenant shall be in default under this Lease iS any o~te or tlxare of the following events shall occur: A. Teuattt shall fail to pay any installment of the Rent or any other expenses called forhereunder as and when the same shall become due and payable; or B, Tenant shall default in the performance of or compliance with arty of the other terms or pt'ovisions of this Lease, and such default shall continue for a period of ftftcen (l5) days after the giving of written notices thereof from Landlord to Tenant, or, in the case of any such default which cannot, with bona ride due diligence, be cured within said fifteen (15) days, Tenant shall fail to proceed within said itfteen (1S) day period to cure such default and thereafter to prosecute the curing of same with ail due diligence (it being intended that as to a default not susceptible of being cured wins due diligence within such period of fifteen (15} days, the tune within which such default may be cured shall be extended for such period as may lac necessary to permit the same to be cured with bona fide duo diligence); or G Tenant shall assign, transfer, mortgage or encumber this Lease nr sublet the Premises in a tuanrter not permitted by Article XI; or D, Tenant shall file a voluntary petition in battl~s•~tptcy or any Order for Relief be entexed against it, ar shall hie any petition or answer seeking any arrangement, reargartizatian, catnpasition, readjttstment or similar z-elief under any present or future bankruptcy or other applicable law, or shall seek or consent to or acquiesce in the appointment of any trusted, receiver or liquidator of Tenant of all or any substantial part of Tenant's properties; or E. If any creditor of Tenant shall file a petition in bankruptcy against Tenant or for reorganization o1 Tenant, under state or federal Iaw, and if such petition is not dischaeged within ninety (90) days after the date on which it is bled; ar F. Tenant shall vacate or abandon the Promises, then, and in such event, or during the continuation thereof (sulk;ect to the tiu~e period described in subparagraph fie) above, Landlord may, at its option, by written notice to Tenant, designate a date not less than hve (S) days from the giving of such native on which this Lease shall and, and thereupon, on such date, this Lease and all rights of Tenant hereunder shall terminate. Such termination by Landlord shall not affect the remedies of Landlord provided in this Lease- 2. Surrender of 1C'~•enaises. Upan any termination of this Lease, Tenant shall surrender the Premises to Landlord, and Landlord, at any tutee after such termination, may, without further notice, re-enter and repossess the Premises without being liable to any prosectttian or damages 11 therefore, and no person claiming through or under Tenant or by virtue of any statute or of any order of any eouat. shall be entitled to possession of the Premises, 3. Relettrng. At any tirrze or from time to time after any such termination of this Lease, Landlord may relet the Premises or a~ay part thereof, in the name of Landlord or otherwise, for such term ar terms and on such conditions as Landlord, in its sole discretion, tray determine, and may collect and receive the rents therefore. Landlord shall not be responsible or liable far any failure to relet the Premises or any part thereof nr for any failure to collect aaly rent due upon such reletting. 4. Survival of Qbligataans. Nn termination, pursuant to this Article XV, shall relieve Tenant of its liability and nbligatlnns under this Lease, aztd such liability and obligations shall survive any such termination. Any Rent or other tnonetacy obligation of Tenant that has been abated, deferred or forgiven by Landlord in this Lease nr any amendment thereto, and the cost of all Tenant Improvements provided ar paid for by Landlord pursuant to Section VT.1 above, shall immediately became due and payable upon the occurrence of an event of default by Tenant under this Lease, 5. Holdover. Should Tenant hold over and remain in possession of the Pretaaises at the expiration of any Terzrt hereby created, Tenant shall, by vi<fiae of this Section, became a tenant~at- sufferance and shall pay Landlord twice the Rent per month of the last tnortthly installment oI Rent above provided to be paid, Said tenancy shall be subject to all the conditions and covenants of this Lease as though the same had been atenancy-at-sufferance instead of a tenancy as provided herein, and Tenant shall give to Landlord at least thirty (30} days prior written notice of any intention to remove from the Premises, and shall be entitled to ten (10} days prior notice of any intention of Landlord to remove Tenant from the Premises in the event Landlord desires possession of the Premises; provided, however, that said tenant-at-sufferance shall not be entitled to ten (l0} days notice in the event the said Rent is n[at paid lu advance without demand, the said ten (l0} days written notice being hereby expressly waived. ART)CCLr XVI RC1V1(ICDl(ES 1. R~meclies. Upon the occurrence of any event of default, Landlord shall be entitled to all retnadies available to it under Florida law, including, but oat limited to, the filing of suit for the recover of all monetary damages sustained by Landlord as a result thereof. In addition to its statutory and co~~n~tan Iaw remedies in the event of a default by Tenant, Landlord shall also be entitled, at its option, to exercise any one or more of the following remedies: A. Tertninatenri. Landlord shall be entitled to declare this Lease terminated and the term ended andlar shall have the inunediate right of rc-entry and txtay reutove all persons and property from the Premises in accordance with Florida law and such property may be removed and stored in a public warehouse ar elsewhere at the cn5-t of, and for the accaunk of Tenant, without evidence of notice and withot_rt being deemed guilty of trespass or becoming 12 liable tar any Ioss or damage which may be occasioned thereby so Lang as all actions taken by Landlord were in accordance with Florida law. B. Right to Re-I~et. Landlard may elect to re-enter the Premises, either by taking possession pursuant to legal proceedings or otherwise, and may either terminate this Lease or it may fiom time to tiza~e, without terminating this Lease, make such alterations and repairs as may be necessary in order to re-!et the Premises, and re-let the Premises or any part thereof far such term or terms (which may be fax a term extending beyond, the term of this Lease) and at such rental or rentals and upon such other teams and conditions as Landlard in its sale discretion may deem advisable. No such re-entry or taking possession of the Premises by Landlard shall be construed as an eiectian on its part Co terminate this Lease unless a written notice of such intention be given to Tenant or unless the ternunatian thereof be decreed by a court of connpetent jurisdiction. Notwithstanding any such re-let#ing witl3out termination, Landlord may at any tune hereafter elect to terminate this Lease far such previous breach. should Landlord at any time termnate this Lease for any breach, in addition to any other remedies it may have, it naay recover from Tenant all damages it xnay incur by reason of such breach, including the east of recovering the Premises and rcasnnable attorney's tees, which amount shall be ixnxx~ediately due and payable from Tenant to Landlord. 2. Tenant's Right to Tertxiir<ate. 7n the even t13e Tenant's Board of Commissioners adapts a resolution declaring that the Tenant is unable to budget and appropriate funds to make the annual Rent payment, the Tenant shall have the right to tezxninate this Lease upon providing a copy of the resalutinn to Landlord no later that May lsi of any calendar year during the Term of this Lease. In the event the Tenant prnvidcs the Landlord with the resolution as provided in this Paragraph, the Lease shall terminate as at the Tanuary 31~` following the adoption of the resolution. ARTICLE XVII EMINEIviT DOMAIN If the Pxenxises ox any part thereof shall be taken in condemnation proceedings or by the exercise nt the right of eminent dainain ar by agreement with the authority empc~wei~d to exercise such right, this Lease shall automatically terminate as of the date of such taking. Landlord shall be entitled to collect an award from such condemnation proceedings less any interest which Tenant is entitled to receive as part of the condemnation proceedings. Tenant shall execute any and all dt~enmenis which may be required in order to permit Landlord and Tenant to collect the award. ARTICLE XVIII QCIIET L+'NJ®3~M1CNT Landlard agrees that Tenant, upon paying all Rent and all other charges herein provided far and observing and keeping the covenants, agreemetzts, tet~s and conditions of this Lease and the t~.~les and regulations of Landlord affecting the Premises an its part to lac performed, shall lawfully ~-nd quietly bald, occupy and enjoy the 1'temises during the Term hereof, expressly subject to the terms, limitations and canditiva~s contained in this Lease. 13 ARTICLE XPK LAN'1DLGRI?'S ]HIGH'[' OI' ACCIia:SS 1. Access far i~Iaintenance and Repair. Except for the space within Ehe inside surfaces of all walls, hung ceilings, floors, windows and doors bounding the Premises, all of the Building including, without litnitatian, exterior walls, care interior walls and doors and any core corridor entrance, any terraces or roofs adjacent to the Premises and any space in or adjacent to the Premises used for shafts, stacks, pipes, conduits, fan rooms, ducts, electric ar other utilities, sinks or other facilities of Ilia 13uildircg, and the use thereof, as wall as access thereto throughout the 1?renuses for the purposes of operation, maintenance, decoration and repair, are reserved to Landlord. Landlord reserves the right, and Tenant shall permit Landlord, upon providing reasonable notice, to install, erect, use and maintain pipes, ducts and conduits in and through the I'rerruses. Landlord shall be allowed to take all materials into and upon the Premises that may be required in connection. therewith, without any liability to Tenant and without any reduction of Tenant's covenants and obligations hereunder. Landlord and its agents shall have the right to enter upon the Premises for the purpose of making any repait.5 therein ar thereto or, upon reasonable notice to Tenant for any other purpose, which shall lse considered necessary or desirable by Landlord, in such a manner as not to unreasonably intetl'ere with Tenant in the conduct of Tenant's business on the Premises; anal in addition, Landlord and its agents shall have the right to enter the Premises, as Landlord deems reasonably necessary or desirable, at any time in cases of emergency to all or any part of the Building. 2. .Access far Inspection and 5hovving. Upon reasonable notice to Tenant and during normal business hours, Landlord and its agents shall have the right to enter and/or pass through the Premises at any time to inspect or examine the Premises- and to show them to prospective purchasers, mortgagees or lessees of the Building, During the period of six (6} months prior to the Expiration Date of this Lease, Landlord ~tnd its agents may exhibit the Promises to prospective tenants. 3. Latxdlord's Alterations and L~pravements. If, at any time, any windows of the Premises a~'e temporarily darkened or obstructed by reason of any repairs, impraven~ents, maintenance and/or cleaning i.n or about the Building, or if auy path: of the Building, other than the Premises, is temporarily ar permanently closed or inoperable, the same shall be without Liability to Landlord and without any reduction or diminution of Tenant's obligations under this Lease, Upon providing prior notice to the Tenant, Landlord reserves the right to make such changes, alterations, additions and in~pravex~aents in ar to the Building and the Fixtures and equipment thereof, as well as in or to the street entrances, doors, hails, passages, elevators, escalators and stairways thereof, and other public portions Of the Building and the Property, as Landlord shall deem necessary or desirable, ~u1d no such alterations or eh~tnges shall be dectned a breach of Landlord's covenant of quiet enjoyment or a conskructive eviction. ARTICLE Its 14 SINS AND OBSTRUCTION I, Signs. Tenant shall not place or suffer to be placed or maintained upon any exterior door, roof, wall or window of the Premises or the Building, auy sign, awning, campy ar advertising o~atter of any kind, and will not place ar maintain any decoration, Fettering or advertising matter an the glass of arty window or Boar of the 1?renuses except as consented to try Landlord, such consent shall not be unreasonably withheld Said Building signage shall be subject to Landlord's reasonable approval and is subject to all appropriate gaverrttttental approvals. A.t Tenant's sole expense, Tenant agrees to maintain any such signage approved by Landlord in good condition and repair at all times and to remove the same at its sale cost anti expense at the end of the Tertri of this Lease. Upon rernaval thereof, Tenant agrees to repair any damage to the Premises caused by such installation andlar removal at Tenant's sole expense. 2. Obstruetiozt. Tcttant shall not obstruct tTae corridors, elevators, stairs, Common Areas, sidewalks, pttt'lting lots ar other public portions of the Building ar the Premises in any manner whatsoever. ARTICLE X~I NOTICES ~. Notices. Any notice ar other information required or autFtorized by this Lease to be given by either Party to the other rrt.ay be givett by hand with receipt; or sent by facsimile transmission; or by certified prepaid mail, return receipt requested, or by nationally recognized overnight courier service, to the other Party at the address stated below, Such address may be changed by either respec€~ve Party at any time by giving prior written notice as herein provided. Any notice ar information given pursuant to this Section shall be deemed to have been given when received by the Party to whom it has hcen duected. AS TO LANDL012D: City of Delray Beach Attention: City Manager 104 N. W, l5` Avenue Delt'ay Beach, Florida 33444 Telephone: (Sfil) 243-7000 W1TH A COPY TO. R. Brian Shutt, Esq. City Attorney 200 N. W..ls` Aventae Delray Beach, Florida 33444 Telephone {S61) 243-7091 Fax No.: {561) 278-4755 AS TO TENANT: Dehay Beach Contrnunity Redevelopment Authority 20 North Swinton Avenue 1S Delray Beach, Florida 33444 Attention: Diane Colanna, Executive Director Telephone: {56l} 276-864-0 Fax No.: {561} 276-8558 With Copy to; Garen, Cheraf, Doody & Ezral,l?.A. 3099 East Commercial Boulevard, Suite 200 Fort Lauderdale, Florida 33308 Akm: David N. Tolccs, Esq. Telephone: (561 } 276-944(1 Fax No; (954) 771-4923 ARTTCL)iia XXII NIYSCELLAlVEOUS 1. Environxne~nt~l Indemnldy. To the extent permitted by law, and subject to the limitations contained in Section 768,28, Florida Statutes, Tenank afrees to lndemnify and bald Landlord harmless from and against any and all lass, clairrt, liability, damages, injuries to person, property or natural resources, cost, expense, action or cause of action, arising in connection with the release or presence c>f any Hazardous Substances at the Premises, solely through the acts of Tenant, its officers, employees, contractors, agents or invitees, whether foreseeable or unforeseeable, regardless of the source of such release and when such release occurred or suclf presence is discovered. The foregoing indemnity includes, without lin~itakian, all costs in law ar i.n equity of removal, remediation of any kind, and disposal of such Hazardous Substances; all costs of determining whether the Premises is in compliance acid to cause the Premises to be in compliance with all applicable environmental laws, all, costs associated with claizxcs for damages to pcrst~ras, property ar natural resources, and Landlord's reasonable atkorneys' and consultants' fees and costs, whether or not litigation is instituted. For the purposes of definition, "Hazardous S~.tbstances" includes, withatrt limitation, any loxic or hazardatES wastes, pollutants (or substances, including, without limitation, asbestos, PCBs, petroleum praditcts and by-products, substances defined or listed as "hazardous substances" ar "toxic substances" or similarly idenE:ifaed in or pursuant to the Comprehensive Envixannnental Response, Compensation and Liability Act of 1980, as amended, 42 IJ.S.C. Section 9061 et. sea., hazardous utatet7als identified itl or pursutult to the Hazardous Materials Transportation Act 49 U,S.3C. Section 1$02 et, se .. Nothing in this section is intended to alter or waive the Tenant's entitlement to statutory ar common lave sovereign in~ntunity, or to extend 'fenazzt's liability beyond the limits established in Section 768.28, Florida Statutes, as amended. 2. Mold Fxclusinrc. Tenant hereby acl~nowledges that Landlord has advised Tenant that ik is possible far meld/mildew/funbi/microbe-related farrres to grow and of#ect tl~e Prerrtises and the property therein, Tenant abnees that Landlord shall .not have any liability or responsibility whatsoever far any dittnage, loss, claim or court expense arising out of or resulting from moldlrni[dew/fungi/rnicrabe-related fot7ns in the Premises. Accordingly, Tenant hereby releases Landlord and its agents, employees, successors and assigns, fiom and against any and all claims 16 arising out of or relating to rt7ald/mildewlfungi/microbe-related forms or any similar situation with respect to the Premises. In the event it is discovered that maid is present at the Premises then: Tenant, at its sole cost and expense, shall promptly. cause the mall condition to be remediated at Tenant's sole expense unless the mold resulted from Landlord's failure to comply with its maintenance obligations under this Lease, in which case the reuicdiation of the mold condition shall be undertaken by Landlord at its cost anal expense. 3. I~.51)B5t05. Tenant ShaII GatIlply with all reguiatlons enacted by t11e Occupational Safety and Health Administration ("OSHA"}, as set Earth in Sections 1910,1001 and 1926.1101 of Tile 29 of the Cade of Federal Regulations (the "dSl-lA Regulations"}• In the event that Tenant performs any alterations to the Premises, Tenant shall be solely responsible far gray contaminant ar encapsulation aF asbestos-containing materials "ACM" and materials designated by OSHA as presumed asbestos-containing materials ("PALM") loco#ed iri the Premises, or resulting remediation made necessary as a result of Tenant's work. Tai addition, the £allawing rraaterials, if located in properties constructed prior to 1981, must, in accordance with the OSI-TA Regulatiaais , be treated as PALM; any thermal system insulation and surfacing rrtatetial that is sprayed an, troweled on, ar applied in some other manner, as well as any resilient flooring material installed in 1980 or etu•lier. Upon written request by Tenant, Landlord shall provide Tenant with copies of any information pertaining to ACM or l'ACIVI in Landlord's files. 4. Radon Gas. Pursuant to Florida Statutes, Section 40d,05b~6], the fallowing disclosure is required by law: Radon is a naturally occurring radioactive gas that, when it has accunriulated in a building itzt suffieierit quantities, may present health risks to persons who tine exposed to it over time. Levels o.E' Radon that exceed federal and state guidelines have been found in buildings in I~larida. Additional information regarding Radon and Radon. testing maybe obtained fxanr your county public health unit. 5. Reserved 6. Cstoppel Certificates. Each ptuty agrees, at any time and Pram time tt, time as requested by the other party, to execute and deliver to the other a statement certifying that this Lease is unmodified and in full force rind effect (or if there have been axaodificatians, that tlae same are in full force acid ef~Fect as modified and stating the niodifacatians), certifying #lie dates to which the Rent and atlter charges have been paid, staling whether or eat the other party is in default in perforatiance of any of its obligations under this Lease, to the best of the certifying patties' knowledge, and, if so, specifying each such default, and stating whether ar not tuay event has occuzred which, with the giving ol` notice ar passage of time, or both, would constifirte such a default, and, if sa, specifying each such event, Tenant also shall include in any such statements such other information concerning this Lease as Landlord may reasonably request, 7, Reserved 8. IiYO Recordation. This Lease Shall be fzled with the Palxai Beach County Clerk of Court as required by SecEian 163.01(11), Florida Statutes. 17 9. Governing Law. This Lease sl~ali be governed by and construed in accordance with flee laws of the State of Florida, and in the event litigation arises between the parties in connection with any of the tennis of this Lease, exclusive venue shall lie in the Circuit Court in Palm Beach County, 1~7orida. If any prevision of this Lease or the application thereof to any person or circutn5tance shall, for any reason and to any extent, be invalid or unenforceable, the remainder of this Lease shall remain in full force and effect. The fatale of contents, captions, headings and titles in this Lease are solely for conveniznce of reference and shall not affect its it~tetpretatian. This Lease shall be construed without regard to any presttmption ar other rule requiring cansttuctian against the party causing this Lease to be drafted. Eacb covenant, agreement, obligation ar ether prevision of this Lease an Tenant's part to be peafornied sha11 tae deetned and constrsEed as a separate and independent covenant of Tenant, not dependent on any ether previsinn of this Lease. All tetxns and wards used ui this Lease, regardless of the nurrtlier or gender in which they are used, shall be deemed to include any other number and any ether gender, as the context rrtay re~Uire. 1Q, Na Partnership or Joint Venture. Nothing cnutaincd iu this Lease will be deemed ar construed to create a partnership or joint venture between Landlord and Tenant, ar to create any other relationship between the parties other than that of Landlord and Tenant. ~ 1. Capacity to Eatecute )I_.ease. If Tenant is other than a natural person, Tenant represents that it is legally constituted, in good standing and authorized to condact business in the State of Florida. Tenant further represents that the person who is executing this Lease an its behalf has the full power and authority to perform such execution and deliver the Lease to Landlord, and that upon such execution and delivery, the Lease shall be valid and binding upon Tenant in accordance with its respective terms and conditions. 12. Exculpatxan of Lan+dlarrl. Landlord's obligations and liability to Tenant with respect to this Lease shall be limited solely to Landlord's interest In the Property and neither Landlord nor any officer, agent, or representaCivc of Landlord, shall have any personal Iiabilzty whatsoever with respect to this Lease, 13. Waiver of Trial by Jury. 1T 1S MUTUALLY AGREED BY AND BETWEEN LANDLORD AND TENANT THAT THE RESPECTIVE PARTIES HERETO SHALL, AND THEY HEREBY DO, WAIVE T1tIAL BY JURY 1N ANY' ACTION, PROCEEDING OR COUNTERCLAIM BROUGHT BY EITHER OF THE PARTIES AGAINST Tl~E OTHER ON ANY MATTER ARISING OUT OF OR 1N ANY WAY CONNECTED WITH THIS LEASE, THE RELATIONSHII? OF LANDLORD AND TENANT OR T'ENANT'S USE OR OCCUPANCY OF THE PREMISES, OR BY ANY CO[TRSE OF CONDUCT OR COURSE OF D1wAL7NG. l4. E+ntire Agreement. This Lease constitutes the entire understanding between the paF•ties and shall bind the parties, their successors and assigns. No representations, e~cccpt as herein expressly set Earth, Dave been made by either party to khe other, and this Lease cannot be amended ar modified except by a writing signed by Landlord and Tenant. 18 15. Sale of Prer~ses by Landlord. The parties agree that Landlord has the right to sell the Building, subject to this Lease, at any time during tha Lease Term. lfi. Governmental Fu:ucfiians. a. The parties agree that this Agreement shall not constitute a waiver of any portion of the City of Delray $eaclz's Code of Ordinances, Land Development Regulations, or any other applicable law, code, or regulation, Ind that the Tenant shall comply with all applicable statutes, codes, regulations, and ordinances that apply to the Tenant's petl'oxmanca of its obligations pursuant to this Lease. h. To the extent approval or peirnissiozr must be obtained from the City of Delray Beach, such approval ar permission shall be grained or denied in accordance with applicable gavcrntnental regulations, rules, laws, and ordinances, and nn person shall have any vested rights, c. Tha City has not waived its sovereign immunity and the limits of tort liability set forth. in F. S. ~768.28(S) of $100,0(]O.OQ per person ~uzd $20U,()QO.OQ per occurrence shall apply; and d. Any action by Landlord shall be without prejudice to, and shall nat. constitute a limit ar impairment ar waiver of, or otherwise affect the Landlord's right to exercise it<s discretion in connection with its governmental or quasi-gaveixtznental fiinctians. YN WZ 1'1VFS5 WHE1.tEOF, the parties have executed this Lease the day and year first above written. LANDLORD: ATTEST: CITY Oli DEl'11tAY B~A[1lEi, FLORIDA By: City Clerk Nelson S. McDufl"ie, Maya~- Approved a5 to Norm; 19 City Attorney ATTEST: ~. By: D olonna, Executive Director I~:L0061U60t) I R T]A~li+,GtvI7' 2QD41ass €casa crn (] 2-t14-U9),doe 'TENANT: DELRAY BEACH COMMIIIoIITY TtEDE'~L4PIVIENT AGENCY 1...-- Hrward Lewis, Chair zo E~~i~~T ~'~~~ ~n~- ~c~r~~. ~~~~ ~~~~ i ~ ~ ~t ~~~sa ~ ;EK~i,1~H~ r Gst~ ut ~'i A ~7 kX7N p fr l W I~ F'l l'. OI.LI sGIFmL ~q1!!W i~ G~RA~ Ally 71~t W ik (PtrlT$90151?i, PA6E~1 ~C.iN 526S~N 74100.4fffi111Pd6~tllN, AJ1N~43EI~EY, j LiNbF~L4tlB~t+Cli. YhR~188ap1 CCIINTY. RPR!DR ~~~~ ~~T ~ldld6Q/F9 ~~~~~' F. ~n Meeting ©ate: December 70, 2009 Agenda item: ^' ~U.rri~Y1T ,~ LEASE AGREEMENT BETi1lfEEN THE CITY AND CRA #=QR COMMERCIAL SPACE IN THE OLD SCHOOL SQUARE GARAGE At the request of the City Commission, CRA staff along with volunteer Rich McGloin conducted an analysis of potential uses far the commercial space in the Old School Square parking garage earlier this year. The space is listed for sale through a real estate broker but the City was considering establishing an interim use while it waits for the commercial real estate market to recover from the current slump. The goal was to generate pedestrian activity in the Pineapple Grove district that could have some spin off benef~s -for other businesses in the area. On July 14, 2009 Mr. McGloin presented the findings a# the analysis, which indicated that an arts related use would be most feasible and most beneficial for the area. Some of the benefits listed were as follows: relatively low build out cosfs, complementing the City's existing cultural venues and providing a cultural destination and attraction far all of Palm eearh County, and finking Old School Sctuare, Atlantic Avenue and Pineapple Grove by encouraging pedestrian traffic on the s#reet. The presentation noted that arts related uses had been planned for the Pineapple Grove district in numerous City -plans and programs, including the 1998 Pineapple Grove Neighborhood Plan, the 1998 Pineapple Grave ArtWalk campaign, the 21105 Cluster Study, the 2002 Downtown Master Plan, and the 2006 Cultural Plan. During the time that staff was studying the space, the City was also considering a proposal from a private entity to purchase the space and utilize it for a music and food venue. The City was not satisfied with the terms of that proposal and in October of 2.OQ9 the proposal was withdrawn. The City Commission directed City staff to negotiate an agreement with the CRA to lease the space from the City, with the intention that the CItA would sublet the space, most likely to a no# for profit arts related use. At the City Commission meeting of December 1, 2009 a modified proposal from the same private entity was considered, and the Commission again directed staff to cnhtinue working with the CIA. Attached is a draft lease agreement between the City and the GRA. The major provisions of the agreement are as follows: The CRA will lease the approximately 10,289 sq. ft. space fronting Pineapple Grove Way from the City for a period of five {5) years commencing l=ebruary 1, 2010; • The CRA will pay an annual rent of $150,000 each year upon the anniversary date of the lease; * The CIA will have the ability to sublet the space to a tenant pending approval by the City • The CRA andlor sublessee are responsible-.for building out and maintaining the leased space, while the City is responsible for maintenance of common areas; • The space will continue to be listed for sale, however any purchase will be subject to the GRA's lease; • The CRA may discontinue leasing the premises if during the preparation of its budget in any given fiscal year it determines that it is unable to budget and appropri~ the necessary funds for the rent (any rents already paid would be forfeited); The CFA's plan is to do a very basic build out of the space, which would include installation of the concrete slab, construction of the wall separating this unit and the future Chamber of Commerce space, installation of an air conditioning system, and basic plumbing and electrical improvements. Those costs are estimated to be between $250,000 and $300,000. Next we would issue an RFP for a use that would attract people to the area. both day and night. The most likely scenario would be for the CRA to lease the space to anot-for-profit entity involved in arts and culture. Several groups have already expressed an Interest. The benefit to the City is that it will receive rent proceeds from the CRA that can be applied to reduce the debt an the bonds that were issued to finance the construction of the space. Due to tax considerations on the bonds there is a limit of approximately $3 million that the City can realize through the sale ar lease of the space, however, the money received from the CRA would not count toward that limit since we are component unit of the City. However, any rent that the CRA collects from subleasing the space would apply to the cap. Rent received from an outside party may also trigger a requirement to pay property taxes. All of these considerations must be evaluated in fashioning an RFP and selecting an appropriate tenant. The benef~ to the CRA is that this will afford us an exciting opportunity to implement our arts related economic development in~iatives. This is a prime space in the heart of Pineapple Grove, ad}anent to ample parking and a new City park. The possibilities to establish a vibran# cultural use will help P'rnea~ple Grove realize i#s objective to become a true arts district, and will generate economic aGtivitjr for tl~e businesses in the area, Due to the temporary nature of the use, the ~C~A is also continuing to pursue the acquisition of other space in the area to establish a permanent arts Incubator. Recommended Action: Approve the attached lease agreement between the City and CRA for the commercial space in tl~e Old School Square garage fronting Pineapple Grove Vltay (Exhibit A of the lease)< Sulbntilted By Diane Colonna~,Executiv_e ©iractor FROM: Chevelle D. Nubin, City Clerk THROUGH: David T. Harden, City Manager DATE: December 30, 2009 SUBJECT: AGENDA ITEM 9.G. -REGULAR COMMISSION MEETING OF TANUARY 5, 2010 AGREEMENT FOR VOTE PROCESSING EQUIPMENT USE AND ELECTION SERVICES ITEM BEFORE COMMISSION The item before the Commission is consideration and approval of a Vote Processing Equipment Use and Elections Services Agreement with the Palm Beach County Supervisor ofElectians. BACKGROUND At the request of Ms. Susan Bucher, Palm Beach County Supervisor of Elections, the Palm Beach County League of Cities assembled an Ad Hoc Committee on Municipal Elections comprised of elected officials, municipal clerks, the Supervisor of Elections and staff, League staff and attorneys for the purpose of producing a draft agreement between municipalities and the SOE for the conduct of municipal elections. The Committee held four meetings. The proposed agreement was reviewed by the League Board of Directors on November 25, and the final negotiated agreement was distributed to League members on November 30, 2449. The attached agreement details and allocates the duties, responsibilities and fees associated with conducting municipal elections. Exhibits A axed B, respectively, outline examples of municipal election casts, some to be allocated on a pro-rated basis with other municipalities holding elections on the same date, and examples of total costs for small, medium and large municipalities. The City of Delray Beach's Municipal Election is scheduled fox Tuesday March 9, 2010. The agreement provides for an effective date of January 1, 2010 with cone-year term which would cover the municipal election and rr~noff election, if necessary, and any special elections. The agreement is renewable annually with the same terms and conditions upon requesting the SOE to conduct our municipal election for the applicable year. The agreement has been reviewed by the City Attorney for legal sufficiency. RECOMMENDATION Staff recommends approval. .. ~. ~. ~~ ~ ~~ November 30, 2009 Dear League of Cities Municipal Members, On behalf of the Palm Beach County League of Cities, I am pleased to be forwarding this finalized negotiated document, which has been worked on over the past several months on behalf of our municipal members, between our "Ad Hoc Committee on Municipal Elections," the Palm Beach County "Supervisor of Elections" (SOE) office and representing attorneys. You should know that, this is the first time that all the duties, responsibilities and fees associated with hosting local municipal elections have been fully spelled out, laid out in "black and white" in a contract specifically intended far municipalities holding elections, with the Supervisor of Elections office to provide these services, which under state law may not even be required (of the Supervisor). The League cannot obligate your municipality to this contract. Our Ad Hoc committee (made up of elected officials, city clerks, attorneys, SOE and League staff) has attempted to clarify and negotiate best practices and reasonable considerations far this purpose. Only public actions of your city-town-village commission or council, with advice of your legal counsel, can take the appropriate implementing steps. All pertinent details to municipal-only elections are outlined within the document being distributed. We encourage immediate review of this very important contract by your legal counsel and subsequent action by your governing body to assure smooth elections cycles in 201p and beyond. As the League of Cities, we are encouraging our members to strongly consider the participation in a uniform municipal election date and other issues raised by the SOE to maximize efficiencies, reduce costs overall for afl the municipalities and help eliminate confusion to Palm Beach County voters. On behalf of the League, I'd like to thank and appreciate everyone's earnest effort, patience and perseverance to get this fob done on behalf of our membership. Sincerely Yours, ~~ I~«+c+~. James S. Titcomb Executive Director ~t~CStE EYF~i www.leaaueofcities.o~ ~ jtitcamb a pbceav.arg cF '~,~ lames S. Titcomb, Execufsve Director (561) 355-4484 ~ (Fax) 355-6545 P.O. Bax 1989, Gov. Center, West Palm Beach, FL 33402 Office: Governmental Center, 301 North Olive Ave., West Pahn Beach, FT. 33401 Florida League of Cities Nalional League of Cities SUPPORTING PARTNER Assoc ate Members AGREEMENT FOR VOTE PROCESSING EQUIPMENT USE AND ELECTION SERVICES BY AND BETWEEN THE PALM BEACH COUNTY SUPERVISOR OF ELECTIONS AND THE "INSERT MUNICIPALITY NAME" THIS AGREEMENT, is made and entered into this day of , 2009, effective 7anua~y 1, 2010, by and between the Palm Beach County Supervisor of Elections, an elected county officer pursuant to Article VIII, Sec. i {d) of the Florida Constitution, hereinafter referred to as the "SOE", and the _~insert name of municipality] , a municipal corporation, chartered and organized in accordance with the laws of the State of Florida, hereinafter referred to as the "Municipality". WITNESSETH: WHEREAS, Chapters 97 to 106, Florida Statutes, constitute the Florida Election Cade (the "Code") which applies to municipalities where expressly sa stated; and WHEREAS, Sec 100.3605, Florida Statutes, states that "[T]he Florida Election Code, chapters 97-106 shall govern the conduct of a municipality's election in the absence of an applicable special act, charter, or ordinance provision"; and WHEREAS, the Municipality and the SOE desire to work together to provide for municipal elections and to allocate certain responsibilities and expenses between the two parties to ensure that the provisions of the Code are followed during municipal elections; and WHEREAS, the SOE and the Municipality wish to enter into this Agreement to set out the terms of this coordinated program. NOW, THEREFORE, in consideration of the mutual covenants and promises hereinafter contained to be kept and performed by the parties hereto, and for the mutual benefit of the Municipality, its constituents and the SOE, it is agreed as follows: 1. PURPOSE: The purpose of this Agreement is #o set forth the terms and conditions under which services will be provided by the SOE and staff to the Municipality for municipal elections and to set forth the responsibilities of both parties so that there is a clear understanding of the rights and responsibilities of all parties. Such rights and responsibilities shall apply to the General, Run-Off, Special and Recount elections as necessary as well as the Post Election Audit, unless otherwise stated hereinbelow. 2. DATE OF GENERAL MUNICIPAL ELECTION: The date of ~ Name of Municipality's ]General Municipal election is It is hereby acknowledged and agreed that if the date listed is the same as most other municipalities in March or November, there will be a cost sharing among municipalities for costs incurred by the SOE. Such casts shall he allocated on a pro-rata share basis; otherwise, it is hereby acknowledged and agreed upon by the municipality that it is responsible for all costs of the election, incurred by the office of the SOE. 3. FEES AND CHARGES TO BE PAID BY THE MUNICIPALITY: The SOE hereby agrees not to charge Municipality for taxpayer purchased equipment and supplies; {i.e. voting machines, tables, chairs, etc.) and associated maintenance and contract fees related to such equipment in return for which the Municipality hereby agrees no# to charge the SOE for polling places within its dominion and control. Examples of municipal elections charges related to certain services performed by the SOE to be passed through to the Municipality on a shared pro rata basis for all municipalities holding elections on a general election day (i.e. 2"d Tuesday in March or November) are attached hereto as Exhibit A; Examples of total costs to small, medium and large municipalities are attached hereto as Exhibit B. RESPONSIBILITIES OF BOTH THE MUNICIPALITY AND THE SOE FOR MUNICIPAL ELECTIONS: A. Notice and Advertisement (1) Municipality (a} Properly call and advertise the election according to statutes and charter at its own expense. {b) Issue a resolution or ordinance to the SOE requesting that the Supervisor of Elections conduct the municipality's election and act as a member of the Municipality's Canvassing Board. (2) SOE {a) Publish legal notices for Logic & Accuracy testing, absentee ballot canvass, Post Election Audit and news releases on book closing. B. Qualifying Candidates (1) Municipality {a) Provide qualifying packets to candidates and accept and process all qualifying papers and fees. (b) Collect Name and Pronunciation Guides from the candidates at the time of qualifying and submit to SOE. (c) Respond to all candidate inquiries and questions. (d) Respond to all legal inquiries and questions. (e) Respond to all media inquiries. (2) SOE (a) Verify signatures on any qualifying petitions submitted by candidates and notify the Municipality of such results upon the close of the candidate qualifying deadline. 2 C. Ballots (i) Municipality (a) Review, amend (if necessary) and approve ballot proof prepared by SOE. (b) Place an order with the SOE for a sufficient quantity of ballots as applicable. *(c} Pay ballot design costs to the SOE as incurred. (d) Pay the ballot printer directly for the cast of said ballots. *(e) Reimburse the SOE for costs incurred for translation and audio recording of ballot. *(f) Reimburse SOE for preparation of Absentee Ballot, Edge layout and Sample Ballot. (2} SOE (a) Layout, check, proof and delivery ballot layout to the printer. (b) Receive, securely store and account for ail ballots until disbursed to polling places. (c) Contract to have audio recorded far Touch Screen ballot. (d) Control all access to unvoted ballots while in the possession of the SOE. D. Equipment Testing (1) Municipality {a) Provide that a representative will be present during the Logic and Accuracy testing as noticed by SOE. (2) SOE (a) Develop a unique test script and manually mark ballots to be used in public Logic & Accuracy test. (b) Conduct public Logic & Accuracy test. E. Early Voting -Optional (1} Municipality *(a) Reimburse the SOE for staff overtime hours due to weekend and/or evening hours for Early Voting. *(b) Pay SOE for Early Voting supplies. (c} Contract with, schedule and pay poll workers directly. (d) Deliver voted ballots to 50E daily at a location designated by SOE. (e) Designate Early Voting sites thirty (3Q) days prior to each Election and notify SOE in writing of locations. (2) SOE (a) Prepare and provide all supplies needed for each Early Voting site. {b} Provide the Municipality with a list of poll workers. {c) Train poll workers. (d} Provide staffing to accept voted ballats daily at a location designated by SOE. 3 F. Absentee Voting (1) Municipality *(a) Reimburse SOE for all postage costs incurred at the current postal rate. *(b) Pay SOE for materials and handling of each absentee ballot. *(c) Pay SOE $.10 per absentee ballot for verifying signatures on returned voted ballot certificates. (d) Refer all requests for absentee ballots to SOE. (2) SOE (a) Determine eligibility and compile Absentee Ballot f le. (b) Accept all requests for Absentee Ballots by telephone, mail or in person. (c) Prepare and mail Absentee Ballots. (d} Deliver Absentee Ballots to the Post Office. (e) Receive voted Absentee Ballots. (f) Verify signatures on returned voted Absentee Ballot certificates. (g) Prepare and open Absentee Ballots for tabulation. (h} Account for all Absentee Ballots. (i) Notify Absentee Ballot voter and provisional voters of the disposition of the Canvassing Board as required by law. (j} Record Absentee Ballot returns to voter history. (k) Conduct public testing of Logic and Accuracy far Absentee Ballot tabulating equipment. (]} Provide qualified staff to operate tabulation equipment to count Absentee Ballots. G. Polling Places {1} Municipality (a) Arrange far the use of an adequate number of polling places. (b) Confirm polling place accessibility and ADA compliance. (c) Notify SOE in writing thirty (30} days prior to election of the need for tables and chairs if necessary. {d} Notify SOE of polling locations to be used. {e) Notify the SOE not less than 30 days prior to the election that a polling place will be moved to another site. (f) Notify voters, as required by law, if their regular polling place is to be temporarily relocated. (2) SOE (a} Provide the Municipality with a list of polling places and SOE contract. (b} Provide tables and chairs upon written notice from the Municipality when required. (c) Provide polling place supplies, i.e. signs, cones, etc. (d} Notify voters and the Municipality of permanent polling place change. 4 H. Precinct Supplies {1) Municipality *(a} Pay SOE for precinct supplies provided. *(b} Provide a secure place for precinct clerks to return supplies and voted ballots on election night. *{c) Pay SOE for the production of Precinct Registers. *{d) Pay directly to the SOE's contracted moving company to have voting equipment delivered and picked up from polling place no later than the day before the election and returned after the election. (2) SOE (a} Provide Precinct Registers for each polling place location. (b) Provide Master CD compilation of registered voters for precinct advisors. (c} Provide certification of registered voters after book closing. (d) Prepare equipment, cabinets and routing of voting equipment delivery. (e} Provide laptop computer at each palling place. (f) Provide CD of voter file database for each polling place. (g) Provide poll worker Clerks with cell phones. (h} Provide Provisional Ballet envelopes and affdavit forms for each polling place. {i) Provide secrecy sleeves in a number and amount appropriate for each polling place. I. Poll Workers (1) Municipality {a} Contact, contract with and pay poll workers directly. {b} Schedule and notify poll workers of training classes. *{c) Reimburse SOE for expenses incurred for delivery and pick up of equipment to training locations. *(d) Reimburse SOE for expenses incurred in printing training material. *(e) Reimburse SOE for expenses incurred for trainers to train poll workers. *(f} Reimburse SOE for expenses incurred for contracted training locations. (2) SOE (a) Provide the Municipality with a list of current poll workers. (b) Develop poll worker training schedule. (c) Plan and contract for training classes and locations. (d) Contract with and pay trainers to train poll workers. (e} Provide printed training materials for poll workers. J. Election Day Support (1} Municipality (a) Verify that all polling places are available to poll workers no later than 6:00 a.m. and open for voting promptly at 7:00 a.m. on Election Day. (b} Ensure that all polling places remain open until 7:00 p.rn, ar until all voters who are in line to vote at 7:00 p.m. have completed voting *(c) Reimburse SOE for all phone bank costs. {2} SOE (a) Assist in finding poll worker replacements if needed. (b) Provide technical support personnel as needed. (c) Provide phone bank support to respond to poll workers and voters on Election Day. K. Ballot Tabulation/Counting of Election Results (1) Municipality (a) Deliver all voted ballots and other necessary election related items to a place designated by the SOE after the palling places have closed on Election Day. {b} Deliver al[ voting machine cartridges to a place designated by the SOE after the polling places have closed on Election Day. *(c) Reimburse the SOE for any staff overtime and other expenses in relation to the tabulation and processing of ballots on Election Day. {d) Act as member of Canvassing Board. (2) SOE (a) Provide technical staff and required equipment to administer tabulation and election results. (b) Assist and act as a member of the Municipality's Canvassing Board {optional). (c} Post election results on SOE WEB site and provide the same to Channel 20. (d} Provide the Municipal Clerk with unofficial election results upon conclusion of tabulation and canvassing of ballots cast on Election Day. L. Post Election Day (1) Municipality (2) SOE (a} Provide the Municipal Clerk with an official certification of election results. {b} Store all necessary election records and ballots until the expiration of retention period prescribed by statutes. {c) Process polling place affirmation forms. (d) Sort, inventory, pack and store all election materials for retention and disposition. (e) Notify voters of the disposition of their Absentee or Provisional Ballots after the determination by the Canvassing Board, as required by law. (f} Respond to public records requests regarding records kept on behalf of the Municipality. (g) Record voting history for each voter who voted on Election Day. M. Audit (1) Municipality (a} Provide that the Municipal Clerk will be responsible far the administration of the 6 audit. *(b) Rcirrzburse SOE for any staff overtime or other related expenses as may result from conducting the manual audit. {2} SOE {a) Organize precinct information to allow the Municipal Clerk to randomly select the race and precinct(2) that shall be audited. {b} Organize and prepare ballots for manual audit. (c) Provide SOE staff to conduct manual audit. (d} Ascertain and publically post manual audit result to SOE WEB site. N. Recount (1) Municipality (a) Provide that the Municipal Clerk will be responsible for the administration of the Recount, with support and guidance from the SOE. (b) Act as a member of the Canvassing Board. (c) Notify the candidates of the time and date of the Recount. {d) Post public notices} of the Recount with the time and location. (e) Cause to have the Recount recorded and minutes kept and approved by the Canvassing Board. (f) Review with the Canvassing Board and the counting teams the statutes and rules of the Division of Elections, specifically Rule 15-2.031. Recount Procedures; and Rule 1 S- 2.027. Standards for Determining Voter's Choice an a Ballot. *(g) Reimburse the SOE far all staff salarieslovertime, facility and other expenses required to conduct the Recount. (2) SOE (a) Post public notice(s) of the Recount with the tine and location. . {b} Test tabulating equipment as required by Sec. 101.5612, Florida Statues. (c) Provide counting teams for examining out stacked ballots. {d) Prepare and organize ballots for Recount processing. (e) Tabulate ballots and provide professional staff for equipment operations. (f} Provide official certification as determined by the Canvassing Board. * all items to be paid or reimbursed to the SOE will be paid by the Municipality within thirty (30} days of receipt of an invoice from the SOE with documentation verifying the charges. 5. INDEMNITY: Each party to this agreement shall be liable for its own actions and negligence. To the extent permitted by law, the Municipality shall indemnify, defend and hold harmless SOE against any actions, claims or damages arising out of the Municipality's negligence in connection with its performance under this Agreement; and tlae SOE shall indemnify, defend and hold harmless the Municipality against any actions, claims or damages arising out of the negligence of the office of the SOE in connection with its performance under this Agreement. The foregoing indemnification shall not constitute a waiver of sovereign immunity beyond the limits set forth at 7 Sec. 768.28, Florida Statutes. In no case shall such limits for the Municipality extend beyond $100,000 for any one person or beyond $200,000 for any judgment which, when totaled with all other judgments, arises out of the same incident or occurrence. These provisions shall not be construed to constitute agreement by either party to indemnify the other for such other's negligent, willful or intentional acts or omissions. Notwithstanding the above, the Municipality shall defend legal challenges relating to its municipal election and shall be fully responsible for all legal casts for such defense of the Municipality and the SOE. The Municipality shall be responsible for damages, if any, assessed by virtue of such a lawsuit, up to the monetary limits provided for hereinabove without recourse to the SOE. b. TERM: This Agreement shall begin on the effective date January 1, 2010 and continue for a term of one year in order to cover Special Elections, if any. It shall be automatically renewed in accordance with the same terms and conditions as set forth herein upon the adoption of a Resolution by the Municipality requesting the SOE to conduct the municipality's election for the applicable year or may be modified by mutual agreement of the parties. 7. CHANGE IN LAW: In the event any change in law abrogates or modifies any provisions or applications of this Agreement, the parties hereto agree to enter into good faith negotiations and use their best efforts to reach a mutually acceptable modification of this Agreement. 8. NOTICES: All formal notices affecting the provisions of this Agreement may be delivered in person or be sent by facsimile, registered mail, or by a recognized overnight courier such as FedEx, to the individual designated below, until such time as either party furnishes the other party written instructions to contact another individual. For the SOE: For the Municipality: Supervisor of Elections Name 240 S. Military Trail Street Address West 1?aim Beach, Florida 33415 Municipality, FL Attention: Susan Bucher Attention: Manager 9. SEVERABILITY: If any clause, section, ar provision of this Agreement shall be declared to be unconstitutional, invalid or unenforceable for any cause or reason, or is abrogated or negated by a change in law, the same shall be eliminated from this Agreement, and the remaining portion of this Agreement shall be in hill force and effect and be valid as if such invalid portions thereof had not been incorporated herein. 10. NO MODIFICATION EXCEPT IN WRITING: This is the complete and final agreement between the parties. No representations other than those set forth herein shall be binding upon the parties. No modification of this agreement shall be 8 effective unless submitted in writing and signed by both parties, or their duly authorized representatives. IN WITNESS WHEREOF, the parties hereto have entered into this Agreement effective January 1, 20I0. As to the SOE: WITNESSES: ATTEST: SUPERVISOR OF ELECTIONS PALM BEACH COUNTY Susan Bucher Date: As to the MUNCIPALITY: INSERT NAME OF MUNICIPALITY Muricipal Clerk ,Mayor (Affix Municipal Seal) Date: Y:ldocslPBC League ofCitieslMiscellaneouslElectionissue-SdirMuniServAgt-Final-11-30-09.doc 9 Palm Beach County Supervisor olf Elections Office 5urnmary of Activity For Municipal Elections Casts ABSENTEE BALlI~OTS 3.75 Cost per AB Befiot processed * Process Absentee 8altot itequests Q.45 * Prepare and mall Absentee Ballots (machine use, staff time, voter #ile, postage), record verify absentee ballot returns, preparelapening of absentee ballots for tabulation 2.25 * Provide absentee voting -prep and mailing t ilQ * Notification to Absentee Ballot and provisional voters on the disposibnn of Canvassing Board 0 t35 P+li!INICIPAi! PACKACsE 2 338 Cost per Municipal Arrange far translating, printing and recording of audio ballot 727 * Provide polling place supplies -signs, cones, tables, chairs, etc. 25 * Assist in finding pall worker replacements ~ * pevelop master CD compilation far precinct advisors 72 * Provide certification of registered voters after book dosing fib * Prepare Absentee Ballot, Edge layout and Sample Ballot 264 * Publish legal notices for L&A testing, canvass and post elections and news releases vn book closing, absentee ballots and other election related news i 80 * L&A test ~ development of a unique test script, manual ballot marking, pretesting for comparisons and pulling equipment Far public tests i83 * Election Day support (SOE staff and phone bank) 733 * Election night support (5C3E staff, vote tabulation and vote certification] 770 * Assist municipality with canvass of Absentee Ballots, schedule canvass and act as member of Canvassing Board 390 * Post election results on VJEB site and Channel 2U 94 '~ Interface with Candidates, press, city staff, city attorneys regarding Election Law 121 * Conduct mandatory audit post election t4 P ECINCT Sl`RVI ES '155 Cost per precinct * Copy of current polling place contract Q.15 * Provide Clerks with cell phone, precinct registers, affidavits, bags,etc. 2Q_o0 * Delivery and Pick up of vot#ng equipment to training locations $~45 * prepare precinct scanners and ADA Touch screen equipment 3 32 '~ Prepare equipment cabinets and routing of voter equipment 14.&5 ~' Copy of current poi! workers 0.15 * Create and retain voting history (post elections} 25.61 * plan training Class locations train poilwnrkers/provide printed training materials 68.33 * Provide laptop computers for Precinct Advisors 73.93 * Provide Cp of voter file database for Precinct Advisors Q.50 Of~TlONAL SERVICES * Registered.Yoters List, Mailing Labels, checks ahd +ierifeations * Petition Signatures * EV BaEivt printing costs (Runbedc 130D) * Early voting support * Run-offs, re-counts, costs, location, procedures, . * Court challenges, legal expenses * Hire temporary staff as reGuireb Exhibi# A 9 W W t/'S V 4 Y.! m tU Z !Ll a. ,~ .~ 0 U U i 7 .~' il. 4~ 7S 4 ~ " ~ E C'7 ~ d O V ~ ~ ~ u 7 npi ado c`~o tD tt N _ ~ ~ ~ ~ S ~S ~ ~ ~ ~ ~ a . ~ Q ~ ~7 C ~ Q ~i O m ~ ~ erx ~ ~ 4 00 t3J h M °v ~ ~ z ° ~± cu ~ ~- ~ {~ *k Q ~ ~ IVVR ~ ~ 1 t} ~ z ~ ~ ~ a a ~,~, z ~ 2 ~ ~ ~ ~ ~ ,~° Cj a 4 _ `o ~ ~ 3 y a ~ 1 .fir ~ G i S a a tis :~ $ ~o m ~ i W i a _~ O 3 ~ 7 s ~ i f" ~ • r ! ~ 3 ~ 1 ~ 1 M i~ ra :~ ~~ J ~ 3 ~ s ~ 7 Y1 3 ~ ~ Exhibit B MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: December 17, 2009 SUBJECT: AGENDA ITEM 9.H. -REGULAR COMMISSION MEETING OF ANUARY 5 2{11.0 APPOINTMENTS TO THE CODE ENFORCEMENT BOARD ITEM BEFORE COMMISSION This item is before the City Commission for appointments to the Cade Enforcement Board. BACKGROUND The terms for regular members, Mr. George Thacker, Mr. Stanley Brodka, and alternate members Ms. Shannon Dawson and Mr. Gerald Franciosa, will expire on January 14, 2010. Mr. Thacker will have served an unexpired term, is eligible and would like to be considered for reappointment. Mr. Brodka will have served one (1) full term, is eligible and would like to be considered for reappointment. Alternate members Ms. Dawson and Mr. Franciosa will have served unexpired terms, are eligible and would like to be considered for appointment as regular members. Secondly, 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. Finally, Mr. David Hawke was appointed to the Green Task Force and his Code Enforcement Board term was scheduled to expire on January 14, 2010; therefore, there is a vacancy for one (1) regular member to serve a three (3) year term ending January 14, 2013. A total of six (6) appointments are needed as follows: 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 unexpixed 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 possible, 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 appointments will be made as follows: Term Expiration Date Three year term -January 14, 2413 regular member Three year term -January 14, 2013 regular member Three year term -January 14, 2013 regular member Unexpired term -January 14, 2012 regular member Three year term -January 14, 2013 alternate member Commissioner/Mayor to appoint Commissioner Fetzer {Seat #2} Commissioner Frankel {Seat #3} Commissioner Gray (Seat #4) Mayor McDuffie (Seat #5} Commissioner Eliopoulos (Seat #1) Three year term -January 14„ 2013 alternate member Commissioner Fetzer (Seat #2) x~coMn~rElvnAT~oly Recommend appointment of 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. CODE ENFORCEMENT BOARD EXHIBIT "A" Name David Boone Stanley Brodka Shannon Dawson Gerald Franciosa Pearl Markfield Elrod Mel Pollack Stanley Scharf Harvey Starin Stephanie Sugar George Thacker Background Semi-retired Attorney/Educator Financial Services Incumbent Real Estate Incumbent Retired-Law Enforcement Incumbent Realtor Retired ---Business Development/Operations (currently serving on the Board of Adjustment) Education Real Estate Broker Fundraising Account Manager/Communications/Marketing Incumbent a4/a9 CODE ENFORCEMENT BOARD TERMEXPIRES REGULAR MEMBERS OCCUPATION POSITION FILLING 01/14/2010 George Thacker Accounts Layperson ur~exp Alt Amt x3/za/x7 ~r Unexp Reg D6/03/OS 01 /14/2010 Stanley Brodka Financial Services Layperson vnexp Appt 09/05/06 t x1/02/07 R 01 /14/2011 Kelli Flieerrlaxi Staffing Manager Business Appt a1 /03/08 xtg Person Unexp Appt 10/2/07 alt 01 /14/2010 Vacant Unexp Alt Appt 01/07/0.3 Ur~exp Regealar Appt 04/15/x3 Reappt0l/x6/04 a1/oz/rn 01/14/2012 Robert Marks Constx~lction General Unexp Alt Apps 01/07/x3 COntI'aCtor Unexp RegAppt 04/15/03 Reappt02/07/06 01/06/09 01/14/2012 Albert Richwagen B>~siness Owner Layperson [htexp Appt 06/17/08 alt Apps a1/2x/o9 reg 01/14/2.012 Vacant Amt. o9/o9/03 alt uriexp Apps 1x/05/04 Reapptoz/07/06 Reapptol/o6/x9 ALTERNATES 01/14/2010 Shannon Dawson Real Estate Real Estate Uriexp Amt x6/17/os 01/14/2010 GeraldFranciosa Accountixlg/I,aw Layperson t~ Appt 04/x7/°9 Enfarcemertt Contact: Danise CLeckley243-7213 S/CityClerk/Boan3 Q9/Code Enforcen~it Board MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: December 17, 2009 SUBJECT: AGENDA ITEM 9.I. -REGULAR COMMI~ION MEETING OF .iANUARY 5, 2010 APPOINTMENTS TO THE POLICE ADVISORY BOARD ITEM BEFORE COMMISSION This item is before the City Commission for appointments to the Police Advisory Board. BACKGROUND The term for regular member, Mr. Shelly Weil, expired on December 13, 2009. Mr. Weil has served two (2) full terms and is not eligible for reappointment. Secondly, Mr. Jose Herrera verbally resigned on November 25, 2009. This creates a vacancy for one (1} regular member to serve an unexpired term ending July 31, 2014. Appointments are needed for one (1) regular member to serve a two (2) year term ending July 31, 2011, and one (1) regular member to serve an unexpired term ending July 31, 2010. The appointments should be made fox terms ending July 31st to comply with the expiration date required in the City Code. In order to qualify for appointment, a person shall be either a resident of, own property, own a business or be an officer, director or manager of a business located within the City of Delray Beach. Membership shall include a diverse cross section of the community; business owners, religious and faith based organizations, youth, school officials and local organizations, where feasible. The following individuals have submitted applications and would like to be considered for appointment: (See Exhibit "A" attached} A check for code violations andlor municipal liens was conducted. None were found. Voter registration verification was completed and all are registered. Based on the rotation system, the appointments will be made by Commissioner Frankel (Seat #3) for one (1} regular member to serve on the Police Advisory Board for a two (2) year team ending July 31, 2011, and Commissioner Fetzer (Seat #2) for one (1) regular member to serve an unexpired term ending July 31, 2010. RECOMMENDATION Recommend appointment of one (l) regular member to serve a two (2) year term ending July 31, 2011, and one (1) regular member to serve an unexpired term ending July 31, 2010. 17.1119 POLICP ADVISORY BOARD TERM EXPIRES NAME & ADDRESS 07/31 /11 Matthew I Iartley Appt 12/DS/a9 07/31/10 Annette Annechild, Vice Chair Apps 12/13/05 12/09/08 07/31 /10 Samuel IVlenard iTnexp Appt 07/Dl/p8 Re~tppt 12/a9/DS 07/31/10 Victor Kitson u~p Appt a7/a7/D9 07/31/11 Walter Earley Appt 01/D3/OS ReappYl2/08/09 07/31/11 Regime Celestin unexp Apps o9/o~/os Appra7/a7/D9 {Student) 07/31/11 Jason Dollard tJnexp Appt 09/03/x8 07/07/09 07/31/10 Vacant 07/31 /11 Joseph Ingram Jr. Appt of /p3/as 12/08/09 07/31 /10 John Jackson Appt 12/t3/D5 t2/D9/OS 07/31 /10 Brittany Smith uriexp Appt 09/1D/09 {SttldFnt} 07/31/10 Jeff Ritter u~p Appt 11/03/09 07/31/11 Vacant Contact: Venice Cobb 243-7056 S/City Clerk/Board 09/I'olice Advisory Board City of Delray Beach Police Advisory Board -Applicants Exhibit "A" 1. Annie Adkins Roof Resident/Business Owner 2. Wyana Claxton ResidentlBusiness Owner 3. Mar herita Downe Resident/Business Owner 4. Laura Fenoglio Resident 5. Carl Forrest Resident 6. David Gold Resident/Business Owner 7. Mercator Guerrier Haitian Resident 8. John Hallahan Resident 9. Allen Kilik Resident 10. Ellen Major Hanna African American Resident 11. Geor e Maso Resident 12. Matthew Monahan Resident 13. Kathy Shackman Resident 14. Brian Smith Resident 15. Edith Thom san Resident 16. Kevin Warner Resident 17. Abbey Weiss Resident MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Haxden, City Manager DATE: December 18, 2009 SUBJECT: AGENDA ITEM 9 i. -REGULAR COMMISSION MEETING OF TANUARY S, 2010 APPOINTMENTS TO THE PARKING MANAGEMENT ADVISORY BOARD ITEM BEFORE COMMISSION This item is before City Commission for appointments to the Parking Managment Advisory Board. BACKGROUND The terms for regular members, Mr. Mark Denkler, Mr. Alan Kornblau, Mr. John Gergen and Ms. Cecelia Boone will expire on January 31, 2010. Mr. Kornblau and Mr. Gergen will have served unexpired terms, are eligible and would like to be considered far reappointment. Ms. Boone will have served one (1) full term, is eligible and would like to be considered for xeappointment. Mr. Denkler will have served two (2) full terms and is not eligible for reappointment. Appointments are needed for four (4) regular members to serve two (2} year terms. The appointments should be made for terms ending July 31, 2412, to comply with the expiration date required in the City Code. The Parking Management Advisory Board was established by Resolution No. 88-97 on December 9, 1997. The purpose of the Board is to advise and provide recommendations to the City Commission xegarding parking management policy and related issues including but not limited to, the plam~ing, financing, development, construction and operation of parking facilities within the boundaries of the Transportation Concurrency Exception Area (TCEA), as well as, all public parking areas located along State Road A-1-A within the corporate limits of the City. The following individuals have submitted applications and would like to be considered for appointment: (See Exhibit "A" attached) A check for code violations and/or municipal liens was conducted. None were found with the exception of Mr. John Gergen who has a code violation for erecting a fence and installing a sliding glass door without permits. Voter registration verification was completed and all are registered with the exception of Mr. John Gergen. Based on the rotation system, the appointments will be made by Commissioner Frankel {Seat #3), Commissioner Gxay (Seat #4), Mayor McDuffie (Seat #S) and Commissioner Eliopoulos {Seat #1) for foux (4} regular members to serve two (2) year terms ending July 31, 2012. RECOMMENDATION Recommend appointment of four {4) regular members to serve two (2) year terms ending July 31, 2012. 12/09 PARKING MANAGEMENT ADVISORY BOARD TERM MEMBERS CATEGORY EXPIRES 07/31 /11 Joeseph Pike Appt 0$/1$/06 alt P & Z Ratified 10/3/06 Reappt 07/21 /D$ alt Ratified 0$/19/D8 Appt OS/17/D9 reg Ratified 09/1D/09 07/31/10 David Cook Chamber of D~/18/D6 Commerce os/15/D6 ReapptOb/fl2/Q8 Ratified Ds/os/as 07/31/11 HexrrlalYStevens CRA. m/~/~ Ratified 09/10/D9 07/31 /10 Peter Pexri WARC Ltnexp Appt DS/10/06 Ratified 07/11/06 Reappt 09/13/06 reg Ratified 12/12/06 Reappt07/09/08 Ratified 10/21/D8 07/31 /10 ran Marincola, Vice Chair Appt 07/20/Ob DDA Ratified 08/15/Ob Reappt07/14/08 Ratified D8/19/08 The representatives above are ratified by the City connzlaission.. The re resentatives below axe a ointed b the Ci Commission. 01 /31 /10 Mark Denkler, Chair Atlantic Avenue Corridor Art a2/n/ob Between Swinton. Avenue Reappt D1/15/DS and the Intracoastal 01 /31 /14 Alan Kornblau Atlantic Avenue Corridor u~ AFpt D1/D3/DS Befwt.'en Swinton Avenue and Interstate 95 01 /31 /10 John Gergen Atlantic Avenue and State u, Amt D5/D6IDS Road AIA Corridors and lying East of the Intracoastal Wat 01 /31 /10 Cecelia Boone Old School Square iJnexp Appt D3/21/D6 HlstpriC AT'fS District R 01/15/0$ 07/31/11 Mr. Bruce Giminy Citizen at Large u~p Appt 1z/a1/o9 07/31/11 George Brewer Citizen-at-Large Appt 02/03/D9 PARKING MANAGEMENT ADVISORY BOARD ALTERNATE MEMBERS TERM MEMBERS CATEGORY EXPIRES 07/31/10 DebarahDowcl. P&Z Unexp Appt OB/17/09 Ra+ified09/10/09 07/31/10 Charr~ber of Commerce avant 07/31/10 Peter Arts ~t os/os/c~ CR.A. Ratified 07/11/Ofi Reappt06/2b/OS Ratified 08/0.5/08 07/31 /10 jimmy Weathe~~spoon ag~t U7/o9/oa WARC Ratified 10/zl /os 07/31/10 Diane Franco DDA Unexp DS/21/09 Ratified 11/17/09 S/City Ckerk/Board 09/I'ad~ig IVfa<~+geu~tt Advisory ]3oatri Contact: Scott Axox~son -Parking Managen~nt Specialist 243-7196 Commission I=iai~on: Cornmi~.sioner Gary Eliopoulos PARKING MANAGEMENT ADVISORY BOAD EXIRBIT "A" Atlantic Avenue Corridor between Swinton Avenue and the Intracoastal Waterway: • Nancy Lierle Atlantic Avenue Corridor between Swinton Avenue and Interstate 95: • Alan Kornblau Incumbent Atlantic Avenue and State Road AlA Corridors and lying east of the Intracoastal Waterway: • John Gerger~ Incumbent Old School Square Historic Arts District: • Cecelia Boone Incumbent • Peggy M~PhY MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: December l'7, 2009 SUBJECT: AGENDA ITEM 9.K. -REGULAR COMMISSION MEETING OR ANOARY 5 2010 APPOINTMENT TO THE PUBLIC EMPLOYEES RELATIONS COMMISSION ITEM BEFORE COMMISSION This item is before the City Commission for an appointment to the Public Employees Relations Commission. BACKGROUND The term for regular member, Ms. Lorraine Kasper, will expire on January 29, 201.0. Ms. Kasper will have served two (2) full terms and is not eligible for reappointment. This will create a vacancy for one (1) regular member to serve a four {4} year term ending January 29, 2014. Pursuant to Section 35.032 (A)(1)(a) of the City Code of Ordinances; the Public Employees Relations Commission (PERC) shall be composed of three {3} members and one (l) alternate to be appointed by the City Commission. Members shall be appointed so that the composition of the local PERC is as follows: One appointee who is a person who, on account of previous vocation, employment or affiliation, is, or has been, classified as representative of employers; one appointee who is a person who, an account of previous vocation, employment or affiliation, is, or has been, classified as representative of employees or employee organizations; and all other appointees, including alternates, shall be persons who on account of previous vocation, employment ar affiliation, are not or have not been classed as representative of employers or of employees or employee organizations. Neither the Chairrperson nor any member shall be employed by, or hold any commission with, any governmental unit in the state or any employee organization while serving in that office. The appointee need not be a resident of the City of Delray Beach. The following individual has submitted an application and would like to be considered for appointment: Stephanie Bcdcnbaugh A check for code violations andlor municipal liens was conducted. None were found. Voter registration verification was completed and she is registered. Based on the rotation system, the appointment will be made by Commissioner Gray (Seat #4) for one (1) regular member to serve on the Public Employees Relations Commission for a four (4} year term ending January 29, 2014. RECOMMENDATION Recommend appointment of one (1) regular member to seve a four (4) year term ending January 29, 2014. PUBLIC EMPLOYEES RELATIONS COMMISSION (PE RC - 4 Year Term) os/os TERM MEMBERS CLASSIFICATION OCCUPATION EXPIRES REPRESENTING 08/01/2012 Edward Desmond Employer Retail/Business Appt05/21/02 alt Oyvner Ra~ppt 06/20/06 alt 07/15/08 01/29/2010 Lorraine Kasper, Vice Chair Exnpla~e Retired/Educator Appt 02/05/02 R 01/17/06 06/30/2010 Dinah Stephenson Neutral Real Estate Apt o5/21/02 ~ Appt 02/19102,~,~p alt 6/2a/a6 ALTERNATE 06 /30 /2010 David Haycock Neutxal Liability Claims ~,~ Amt Os/o5/OS Adjuster GENERAL COUNSEL Secreta I. JeffrnyPhetersan,Fncl. Suzanne Ward Damon, Posner, AppointedbyPERC Phetersan and Bleau 09/13/91 Contact: Venice Cobb 243-7056 S/City Cleck/Boarci 099/PERC MEMORANDiJM TO: Mayor and City Commissioners FROM: Linda Karch, Director of Parks and Recreation Lula Butler, Director of Community Improvement THROUGH: David T. Harden, City Manager DATE: December 31, 2009 SUB3ECT: AGENDA ITEM 9.L. -REGULAR COMMISSION MEETING OF IANUARY 5, 2{-IO FUNDING REQUEST/COMMUNITY REDEVELOPMENT AGENCY ITEM BEFORE COMMISSION Request the Community Redevelopment Agency (CRA) assist the City in funding of artificial turf to be permanently placed at the Seacxest Athletic Facility to be used for ayear-round sports training camp. BACKGROUND 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. The professional or aspiring professional athletes travel to the area and live far a short time period to get ready for an event or season. Over the past few years XPE has trained between 15-25 aspiring NFL players as well as minor and major league baseball players. Many of these professional athletes make their off season home near the XPE facility. As part of the XPE program, they try to link the professional athletes with youth athletes ages 11 to 1 S to help inspire them to perform better in high school academics/sports in the hopes of xeceiving a college scholarship. 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 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. 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 CRA's economic development plan and strategy. Based on these facts, it would be appropriate for the City Commission to request funding assistance from the CRA for installation of the artificial turf. RECOMMENDATION Request that the Community Redevelopment Agency {CRA) assist the City by funding (determined by the bid price) the artificial turf to be placed at the Seacrest Athletic Facility. MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: December 16, 2449 SUBJECT: AGENDA ITEM 10.A. -REGULAR COMMISSION MEETING OF JANUARY 5, 2010 ORDINANCE N0.61-09 ITEM BEFORE COMMISSION This ordinance is before Commission for second reading to amend 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) far the South Central Regional Wastewater Treatment Plant (SCRWTP). BACKGROUND At the first reading on December 8, 2449, the Commission passed Ordinance No. 61-49. RECOMMENDATION Recommend approval of Ordinance No. 61-09 on second and final reading. ORDINANCE NO. 61-09 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 AFFIRMATIVE 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 ADMINISTRATIVE 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; ANIENI]ING SECTION 53.150, "NOTIFICATION OF VIOLATIONS; CONSENT ORDERS" BY ENACTING SUBSECTION (C), "COMPLIANCE ORDERS", AND SUBSECTION {D), "CEASE AND DESIST ORDERS' ; AMENDING SECTION 53.155, "AFFIRMATIVE DEFENSES TO DISCHARGE VIOLATION", BY ENACTING SUBSECTION (C), "PROHIBITED DISCHARGE STANDARDS", 1N ORDER TO COMPLY WITH CHANGES IN STATE AND FEDERAL LAW; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, pursuant to changes in State and Federal law governing the handling of wastewater, and in order to comply with the changes, the City Commission hereby desires to make changes in the City's ordinances in order to comply with State and Federal law. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section L That the recitations set forth above are incorporated herein. Section 2. That Chapter 53, "Sanitary Sewers", of the Code of Ordinances is amended by amending/enacting certain abbreviationsldefnitions of Section 53.004, "Abbreviations; Definitions", to read as follows: Sec. 53.004. ABBREVIATIONS; DEFINITIONS. (A} The following abbreviations shall have the designated meanings: Ord No. 61-09 TTO. Total Toxic Organic. (B) The following terms, or phrases, shall have the designated meanings: Grab sample. A sample which is taken from a waste stream ^~ ° ^°°-*~~°~°~~-with no regard to the flow in the waste stream and ~ over a eriod of time not to exceed fifteen (15) minutes. TTO {'Total Toxic Organics). Which is the summation of all quantifiable values greater than 0.01 milli ams er liter for the toxic or anics listed under 40 CFR 433.11. Section 3. That Chapter 53, "Sanitary Sewers", of the Code of Ordinances is amended by amending Section 53.051, "Prohibited Discharges to Sewers", to read as follows: Sec. 53.051. PROHIBITED DISCHARGES TO SEWERS. {A) General Prohibitions. No user shall introduce or cause to be introduced into the Treatment Works any pollutant or wastewater which causes pass through or interference. These general prohibitions apply to all users of the Treatment Works whether or not they are subject to categorical pretreatment standards or any other national, State, or local pretreatment standards or requirements. (B) Specific Prohibitions. These specific prohibitions exemplify but do not limit the general prohibitions found at subsection 53.051(A) above. No user shall introduce or cause to be introduced into the Treatment Works the following pollutants, substances, or wastewater: (1) Pollutants which create a fire or explosive hazard, including, but not limited to, waste streams with aclosed-cup flashpoint of less than 140°F {60°C} using test methods specified in 40 CFR 261.21; (2} Wastewater having a pH less than ~ 5~5, or greater than 9.5, or otherwise causing corrosive structural damage to the Treatment Works or equipment; (3) Solid or viscous substances in amounts which will cause obstruction of the flow in the Treatment Works resulting in interference, such. as, but not limited to, ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastics, wood, unground garbage, whole blood, paunch manure, hair and fleshings, entrails, paper dishes, cups and milk containers; (4} Pollutants, including oxygen-demanding pollutants (BOD, etc.} released in a dischazge at a flow rate andlor pollutant concentration which, either singly or by interaction with other pollutants, will cause interference; (5) Wastewater having a temperature greater than 150° (65°C), or which will inhibit biological activity in the treatment plant resulting in interference, but in no case Ord No. 61-09 wastewater which causes the temperature at the introduction into the treatment plant to exceed 104°F (40°C); (6) Fetroleum oil, nonbiodegradable cutting oil, or products of mineral-oil origin, in amounts that will cause interference or pass through; (7) Pollutants which result in the presence of toxic gases, vapors, or fumes within the Treatment Works in a quantity that tray cause acute worker health and safety problems; (8) Industrial waste haulers may discharge loads only at locations designated by the City. No load may be discharged without prior consent of the City. The Director may require samples to be collected of each hauled load to ensure compliance with applicable standards. The Director may require the industrial waste hauler to provide a waste analysis of any load prior to discharge; (9} Noxious or malodorous liquids, gases, solids, or other wastewater which, either singly or by interaction with other wastes, are sufficient to create a public nuisance or a hazard to life, or to prevent entry into the sewers fat' maintenance or repair; {10) Wastewater which imparts color which cannot be removed by the treatment process, such as, but not limited to, dye wastes and vegetable tanning solutions, which consequently imparts color to the treatment plant's effluent, thereby violating the City's NPDES permit; (11) Stormwater, surface water, ground water, artesian well water, roof runoff, subsurface drainage, swimming pool drainage, condensate, deionized water, noncontact cooling water, and unpolluted wastewater, unless specifically authorized by the Director; (12} Sludges, screenings, or other residues from pretreatment of industrial wastes; (13} Medical wastes, except as specifically authorized by the City in a wastewater discharge permit; (14) Wastewater causing, alane or in conjunction with other sources, the Treatment Plant's effluent to fail a toxicity test; (15) Detergents, surface-active agents, or other substances which may cause excessive foaming in the Treatment Works; {16) Fats, oils, or greases, whether emulsified or not, or wastewater containing fats, oils or greases, whether emulsified ar not, in concentrations in excess of one hundred {100) mg/l or substances which may solidify or become viscous at temperatures between thirty-two (32) degrees Fahrenheit and one hundred fifty (150) degrees Falu~enheit (zero (0) degrees Celsius and sixty-five (65) degrees Celsius),unless the user is approved by the City and provided further that the user complies with the requirements of the Ciry's high-strength sewer surcharge system. Ord No. 61-09 (C) The City is obligated to develop and enforce local limits necessary to implement and enforce the general and specil•ic prohibitions (40 CFR 403.5). Such local limits may be imposed on industrial users directly through the sewer use ordinance, through industrial user permits, and through additional control mechanisms the City intends to use as part of its pretreatment program. (D} Local limits for the South Central Regional Wastewater Treatment and Disposal Board apply to the sanitary sewer and are hereby listed as follows: City of Delray Beach Utilities Discharge Limits Parameter New Limit Metals Arsenic ~i •n 1.14mu/1 Cadmium 8~]S-~rg,4 0.93 m 1 n Chromium-Total ' -r~g~l 17.97 m 1 Copper ~g~l 17.59 m 1 l-ren 1 Lead 7 •Qrvv-ns~i 1.76 m 1 Mercury n•'' 0.45 m 1 Molybdenum ]] .A~1 2.50 mill Nickel 8:95-t~1-5.3 7 m 1 Selenium t .~1 2.96 m Silver ~•n 4.49 m 1 ~inC n•n 2.28 m I Inorganics ynn Chloride b89-~~1 645m 1 Cyanide C.~4 1.72 m /l r~.,.,n;ao ., .,trio n te-sl~lo~ 83-m~+ ~e 58-1 Ph 5-5- 9.5 std. units Organics Ord No. 61-09 CBOD {surcharge) rn 4001700 *m~/l COD (surcharge} 800~eg 5 0*m~/l Oil and grease ~g~l 100/240* m~/l Petroleum hydrocarbons 25 mg/l Phenol 5.0 mg/l ~I Total Toxic Organics 5 mg/l No 1 > 1.0 mg/1 TSS {surcharge) 400/500 *mg/l Particle size ~ 112" Radioactive elements Are prohibited Temperature 150 deg . F *Lower surcharge limit/upper Local Limit subject to enforcement actions. Section 4. That Chapter 53, "Sanitary Sewers", of the Code of Ordinances is amended by enacting Section 53.068, "Notice of Violation/Repeat Sampling and Reporting", to read as follows: Sec 53.068. NOTICE OF VIOLATIONIREPEAT SAMPLING AND REPORTING If sampling performed by a user indicates a violation, the user must notify the Director within twenty-four {24) hours of becoming aware of the violation. The user shall repeat the sampling and analysis and submit the results of the re eat anal sis to the Director with t 30 da s after becomin aware of the violation. The user is not re aired to resam le if the Director monitor's at the user's facili at least once a month. or if the Director samples between the user's initial sampling and when the user receives the results of this sampling: Section 5. That Chapter 53, "Sanitary Sewers", of the Cade of Ordinances is amended by arinending Section 53.0$4, "Analytical Requirements", to read as follows: Sec. 53.084. ANALYTICAL REQUIREMENTS Ali pollutant analyses, including sampling techniques, to be submitted as part of a wastewater discharge permit application or report shall be performed in accordance with the techniques prescribed in 40 CFR Part 136, unless otherwise specified in an applicable categorical pretreatment standard. If 40 CFR Part 136 ,Chapter b2-160 F.A.C. and 62-625.600 (1~), F.A.C. does not contain sampling or analytical Ord No. 61-49 techniques for the pollutant in question, sampling and analysis must be performed in accordance with procedures approved by EPA. Section 6. That Chapter 53, "Sanitary Sewers", of the Cade of Ordinances is amended by amending Section 53.130, "User Charges; Wholesale Sewer Rates; Calculation of Sewer Surcharge", Subsection (G), "Calculation of Sewer Surcharge", to read as follows: (G) Calculation of Setiver Surcharge. (1) Calculation of the sewer surcharge shall be in accordance with the fallowing: Local limits (allowable strength} reference at South Central Regional Wastewater Treatment and Disposal Board. Allowable er Limits sub'ect to Parameter percent of Effect on Costs f,evel of Sewage Strength enforcement actions CBOD 41 ~ 400 mg/l (ppm} 704 m 1 TSS 15 ~ 404 mgll (ppm} SOOm 1 ~39i3i~-,_ 4~--,_ ti nn ~,,~n r.,.,,,,~ COD 41 •1;98 800 m 1 m 1544m 1 Oi1lGrease 41 X58 l00 m l m 244 m 1 Let: F=F1+F2+F3 ~4 Where: F =The factor to multiply the sewer rate for a surcharge due to excess strengths Fl =The strength factor far BOD or COD, whichever is higher. F2 =The strength factor far TSS (total suspended solids) F4 F3=The strength factor for oil/grease. Ord No. 61 ~}9 (2} The surcharge will be added to the sewer commodity charge to develop the monthly cos# per customer. As an example of sewer charge calculations utilizing sewer commodity charge and the strength surcharge formula, assume the following with respect to Ajax Manufacturing Company: total monthly flow of one thousand 0$9;999 1,000) gallons; COD of one thousand two hundred (1,200) mg/l; BOD of one thousand {1,000) mg/l; total suspended solids of two thousand {2,000) mg/l; °.~,,,.,~~;~ °f *•~,~ ~••~a~°a ~~nn~ ,,,,.n; oillgrease at flue hundred (SOOj mgll; prevailing monthly sewer commodity charge is one dollar ninety-seven cents {$1.97) per one thousand {1,000) gallons: {a) Sewer Commodity Charge. $1.9711,000 gallons (100,000 gallons per month) = $197/month {b) Sewer Surcharge Calculation. F1 = 3~n~r29(~3$9}}~99=9.~-~ 800 (1,200-800}1800 = 0.21 F2 - X99-F~998-~98}1~99-=9:4§ 400 (2,000--400}1400 = 0.6 F3 = 100 rnnn i nm~i nn-~ nn-n n ~ (500--100)/100 = 1.6 1~4-= 100 (`On ~sm~ncn-n n 1 F - 9.3-7~T5 ~. n n, a. n ~ ~ - }_g-^r- 0.21-f 0.6 +1.6 - 2.41 (c) Total Monthly Charge (Sewer Commodity Charge Plus Surcharge: $197/month + $197/month X84} (2.41) _ $ S S~ 671.77 Section 7. That Chapter 53, "Sanitary Sewers", of the Code of Ordinances is amended by amending Section 53.150, "Notification of Violations; Consent Orders", by enacting Subsection (C), "Compliance Orders" and Subsection (D), "Cease and Desist Orders", to read as follows: (C} Compliance Orders When the Director finds that a user has violated . or continues to violate. env brovision of this ordnance a wastewater discharge hermit ar order issued hereunder or any other pretreatment s#andard or requirement ,the Director_may issue an order to the user responsible for the discharge directing that the user come into compliance within a specified time. If the user does not come into compliance within the time period, sewer may be disconnected unless adequate treatment facilities, devices, or other related appurtenances are installed and properlyoperated. Compliance orders also may contain other resluirements to address the noncompliance, including additional self-monitoring- and mane eg ment practices designed to minimize the amount of pollutants dischar_ fed to the sewer. A compliance order may_ not to extend the deadline far com Iiance established fora retreatment standard or re uirement nor does a com Iiance order relieve the user of Iiabili for an violation includin an continuin violation. Ord No. 61-09 Issuance of a com Hance order shall not be a bar a ainst or rere uisite for takin an other action against the user. D Cease and Desist Orders When the Director finds that a user has violated, or continues to violate, any provision of this ordinance a wastewater dischar e ermit or order issued hereunder or an other retreatment standard or re uirement or that the user's ast violations are likel to recur the Director ma issue an order to the user directing it to cease and desist all such violation and directing the user: A. Immediately comply with all requirements: and B. Take such appropriate remedial or preventive action as may be needed to properly address a continuin or threatened violation includin laaltin o erations andlor terminatin the dischar e. Issuance of a cease and desist order shall not be bar a ainst or a rere uisite for takin an other action against the user. Section S. That Chapter 53, "Sanitary. Sewers", of the Code of Ordinances is amended by amending Section 53.155, "Affirmative Defenses to Discharge Violation", by enacting Subsection (C), "Prohibited Discharge Standard" to read as follows: fC) Prohibited Discharge Standards A user shall have an affirmative defense to an enforcement action brow t against it for noncom Hance with the eneral rohibitions in Section 53.051 A of this ordinance or the s ecific rohibitions in Section 53.051 1 throu h 53.051 B lb of this ordinance if it can rove that it did not know, or have reason to know, that its discharge, alone ar in conjunction with discharges from other sources, would cause pass through or interference and that either: A. A Iota] limit exists for each pollutant discharged and the user was in compliance with each limit directly~riar to, and during, the_pass through or interference :or B. No local limit exist, but the discharge did not change substantially in nature or constituents from the user's prior discharge when (the City) was regularly in compliance with its NPDES permit and in the case of interference, was in _complian_ce with applicable .sludge use or disposal requirements. Section 9. 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. Ord No. 61-09 Section l0. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section ll. That this ordinance shall become effective immediately upon its passage on second and final reading. PASSED AND ADOPTED in regular session on second and fnal reading on this the day of , 2009. ATTEST MAYOR City Clerk First Reading Second Reading Ord No. b1-09 Page 1 of 3 MEMORANDUM TO: Mayor and City Commissioners FROM: Victor Majtenyi; Deputy Director of Public Utilities Richard C. Hasko, F.E.; Director of Environmental Services Department THROUGH: David Harden; City Manager DATE: December 2, 2009 SUBJECT: AGENDA ITEM 12.A. -REGULAR COMMISSION MEETING OF DECEMBERS 2009 ORDINANCE NO. 61-09 ITEM BEFORE COMMISSION Consider amending Chapter 53, Sanitary Sewers, of the Code of Ordinances to comply with the new local discharge limits approved by the Florida Department of Environmental Protection (FDEP} for the South Central Regional Wastewater Treatment Plant {SCRWTP). BACKGROUND The local discharge limits for the SCRWTP were re-evaluated in the Spring of 2009. The new limits were approved in June 2009. Subsequently, the City revised its Sewer Use Ordinance to reflect the new limits as well as modifying other sections as recommended by FDEP. The draft proposal met the requirennents of Chapter 62-625 of the Florida Administrative Code, per letter of June 27, 2009 from FDEP. These amendments must now be adopted into the City's Sewer Use Ordinance. The new discharge limits are listed below: City of Delray Beach Utilities Discharge Limits Parameter ew Limit etals senic 1.14m /1 Cadmium 0.93 m /l Chromium Total 17.97 m Il http://miweb001/Agendas/Bluesheet.aspx?ItemID-2$69&MeetinglD=227 12/16/2009 Page 2 of 3 Co er 17.59 m /l ead 1.76 m /l ercu 0.45 m 1 01 bdenum 1 2.50 m /l ickel 5.37 m /l Selenium 1 2.96 m /l Silver 4.49 m /1 inc 2.28 m /l lnor an1Cs Chloride 645m /1 C anide 1.72 m //l h 5-5- 9.5 std, units Or anics CBOD (surcharge) 4001700 *m 1 COD {surcharge) 80011500*m /l Oil and grease 1001240* m /l etroleum h drocarbons 25 m /l Phenol 5.0 m /l Total Toxic Or anics 5 m No 1 > 1.0 m /l SS surchar e 4001500 *m 1 article size < 112" Radioactive elements e prohibited Tem erature 150 de . F *Lower surcharge limitluPper Local Limit subject to enforcement actions. In addition, amendments were also made to the following sections: http:/lmiweb001/Agendas/Bluesheet.aspx?ltezx~ID=2869&MeetingID~227 12/16/2009 Page 3 of 3 . Section 53.004, "Abbreviations; Definitions", to clarify certain terms. . Section 53.051, "Prohibited Discharges to Sewers", providing a change in certain discharge limits (as listed above) and adding a provision for affirmative defenses. . Enacting Section 53.068, "Notice of Violation/Repeat Sampling and Reporting", to provide far a notice of violation and a repeat sampling procedure. . Amending Section 53.0$4, "Analytical Requirements" to add references to the Florida Administrative Code. . Section 53.130, "User Charges; Wholesale Sewer Rates; Calculation of Sewer Surcharge", subsection (g}, "Calculation of Sewer Surcharge", to modify the local limits. . Section 53.150, "Notification of Violations; Consent Orders" by enacting subsection {c), "Compliance Orders" and subsection {d), "Cease and Desist Orders". . 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. REVIEW BY OTHERS South Central Regional Wastewater Treatment Plant has reviewed and approved the amendments to the City's Sewer Use Ordinance at their October 15~, 2009 meeting. RECOMMENDATION Staff recommends approval on the first reading of Ordinance No. 61-09 for the FDEP initiated amendments to the City's Sewer Use Ordinance, Chapter 53 Sanitary Sewers, for complying with the revised local discharge limits set at the SCRWTP and satisfying the requirements of Chapter 62-625 of the Florida Administrative Code. http://miweb0011Agendas/Bluesheet.asp~?ItemID=2869&MeetingID=227 12/16/2009 .~~.~ City C)f Delray Beach . ~` fY~s~,~ Deprrrtrtaent of Enviranrnettfal Set~vices ~~x~ ~ ~+w-v, m yde l raybeach. c om TO: ERTA,N SHUTT, CITY ATTORNEY F`B.OM: PAL7L H DECAROLIS, IPPIBF INSPECTOR ~~ ~+ SUB.IECT: SEWER >;~SE ORDINANCE DATE: October 16, 2009 The SCRWTB Board approved our Sewer Use Ordinance cast night at their meeting. The City will now have to adopt the updated ordinance which was preliminarily approved by tiEP on Juiy 27, 20Q9 (See Attach Letter). The new changes are all highlighted in blue and attachment A&B (Enclosed) wilt let you know what section of the Ordinance to find the new changes. Also, enclosed is EPA Model Rretreatment Qrdinance thafi 1 crossed reference for the new changes. Also, see attach letter from DEP that states that we submit the program modification to the Department by December 18, 2009. If you have tluestions, please feel free to call me at 73g2. !pd t;c Richard C. htasko, P.E"., 171r. of f;SD 1T,ctor MaJlenyl, Deputy QlrecJOr of PubtJC ll~fes Scott Solomon, Manager of W16 ~EetworJ< J=iJe: AudJt Q9 Charlie Grist Florida Uepar~r~~~~ o~ ;~~~~~n Lovernur y~ . ] ~ _~ ~11~IroC~~Tt~l~~al I'rC;~~C~lo~l l~~rrg leFfkottlamp L[. Governor Bob Martinez Center ~6t1© Blair Stonc itoad ,~lichae! 1•V. 5nle Tallahassee, Florida 32399-~~t00 5ecretar4 Mr. Willie Williams Pretreatment Coordinator South Central Regional Wastewater Txeatrnent and Disposal Board 1801 N Congress Avenue Delray Beach, Plorida 33445 Re: South Centt'al Regional Wastewater Treatment and bisposal Board Sewer Ilse Ordinance and Multijurisdietional Agreement Permit Number FL0035980 Dear Mr. Williams: The Department of Environmental Protection (Department) has reviewed the draft sewer use ordinances (SUOs) of the Cities of Delray Beach and Boynton Beach, and the South Central Regional Wastewater Treatment and Disposal Board's draft multijurisdictioxzal agreement {MJA} with the Cities of Delray Beach and Boynton Beach, received July 20. Based on the Departments review, the SUOs and NIJA were determined to satisfy the requirements of Chapter b2-625, Flo~.~.da Administrative Code. Therefore, the SUOs and MJA are }~reliminaxily approved, contingent upon addressing the issues listed below. There is a typographical error ixti Section 53.004 of the SUO for the City of Delray Beach regarding the definition of total toxic organics. This section of the SIIO should list total tc~xie organics as "TTO",not "TTT" Please revise this section accordingly prior to adopting the SUO. There is also a typographical error fisted uxtder Part 30.A of khe MJA. This section should read ,,...permitted by eg ner'ai Iav~r", not permitted by g~tera! Iaw. Please revise this section accordingly, Please provide the Department with the anticipated date of adoption by August 24. ff you have any questions regarding this correspondence, ox need any assistance, please contact Hsiang Yu Chou Hoofman or me at the letterhead address, or at (850) 245-8605. SinCe~'ely, Dawn K. Texnplxr-, P.E. Pretreatment Coordinator DKT/hch cc: Tim Powell, P.E., DEP Southeast District Office Robert J. Nagel, SCRWTB Dennis Coates, SCRWTB Rene Mathews, P,E., Mathews Consulting, Inc. "Il~lore Protec~ian, less Process" July 27, 2009 August ~.1, 2009 Mx. Willie Williams ~loric~a ~epar~men~ o~ Environmental Protection _Bob Martinea Center 260 Bfair Slpne Road Tallahassee, Florida ~~~99-?100 Pretreatment Coordinator , South Central Regional ~il~astewater Treatment and Disposal Board 1801 N Congress Avenue Delray Beach, Florida 33445 Re: South Central Regional Wastewater Treatment and Disposal Board Sewer Use Ordinance and Multijurisdictional Agreement Permit Number FL0035980 Dear I111r. Williams: PYi~chae! ;f`. woic =ECf~'L2: ~' The Departarcent of Envixonrnental Protection ~Departn~.ent) has reviewed the south Central Regional Wastewater Treatrrtent and Disposal Board's (Board) anticipated schedule of adoption for the sewer use ordinances of the Cities of Delray Beach and Boynton Beach, and the Board's multijuriadictional agreement with the Cities of Delray Beach and Boynton Beach, received August ~0. Please abide by the schedule specified in the Board's letter and submit the program modification to tl~e Department by December 1S. if you have any questions regarding this correspondence, or need any assistance, please confiact Hsiang-Yu Chou-Hoofrnan - or me at the letterhead address, or at ~5~0} 245-8b05, Sir-cerely, Dawn IC. Texnplin, P.E. Pretreatment Coordinator DKT/ hch cc: Tirn Powell, P.E., DEP Southeast District O~tice Robert J~. Hagel, SCRWTB Dennis Coates, SCRWTB Rene Mathews, l'.E., Mathews Consulting, inc. _ ggenda Yl;em 34 ~nL-Cfl~.r~S i Charlie Crist Governor ~~~~~r ~CRYY. •' E<. F .. .._ lctf huitl;a~~p ! t. Gowerr~o! cart ~ e` ~~ew DkI.RAY S~ACH t ~ o e i o w All•America Clty 1993 2041 !bt) ~1.4'V. tst A1fEN11E D~LRr~;f B~r1~H, FE.QRIDA 33d4a 5Gi1243.7dd0 RE: t?ennls Coates, Executive Director South Central Regional Wastewater Treatment Plant 1809 North Congress Ave Delray Beach, FL 33445 August 12, 2008 PRETREATMENT PROGRAM AUDIT PERMIT NUMBER PL0035980 Dear Mr. Dennis Coates: This letter is in response to the above reference audit that took place an April 23, 2008. The following is a break down of corrective measures that we addressed from Department of Environmental Protection letter of Juiy 9~4, 2008. DEP CONCERNS CORRECTIVE ACTION TIME TABLE Attachment A industrial Control Micronized will be closing as of SCRWTDB will update all Mechanisms section 1 a&b. 8139108. We will update al! permits to reflect rule when permits to reflect this rule 62- permits are reissued this year. 625,540 2 a 2, P.A.G. Atta~chrnent A Industrial Control Will correct typographical SCRWT©B will update permit Mechanisms section 2 errors in Waste Management when the permit Is reissued Permit. this ear. Attachment A Enforcemenk Please read ERP section D City of Delray sees no reason Response Pian, Question 1. types of violation. The plan to adopt changes if the plan already goes over this in great explains how we Investigate detail. instances of noncom fiance. Attachment A Enforcement Please read section E, Ci#y of Delray sees no reason Response Plan, Question 2. Enforcement actions steps 7 to to adopt changes if the Pian 6. Also see our matrix in explains how we describe section B an time periods types of fu's enforcement and within res onse takes place, time tables. Enforcement Response Pian City of Boynton Beach has a Will submit with letter. for the Cit of Bo nton Beach. current res onse Ian. Attachment B Sewer use Will change definition to reflect Will make changes to Ordinance. Grab sample new definition of grab sample. ordinance upon completion of definition checklist 1.4. our local limit stud . Attachment B Sewer use Wili update ordinance with Will make changes to Qrdinance. Permit appeals section on permit appeals. ordinance upon completion of checklist 5.3. ~ our Incal limit stuff . ~ERVTC~ PER~ORMANCI; ~N`CECR~TY ESPbNS~BI.t= INNOVATIVE ~EAMUVORK DEP CONCERNS CORRECTIVE ACTION TABi,E Attachment B Sewer use WIII update ordinance wifh Wiit make changes to Ordinance. 24 Hour notification section on 24 hour notice. ordinance upon completion of of becoming aware of a our local Limit study, violation checklist 6.8. Attachment B Sewer use Also City of Boynton Beach wilt City of Boynton Beach will Ordinance. 24 Hour notification update ordinance wifh section make changes to ordinance of becoming aware of a an 24 hour notice. upon completion of our loco! violation checklist 6.8. limit stud . Attachment B Sewer use Will update ordinance on new Wil! make changes to Ordinance. Change rule an on sample collection. ordinance upon completion of regards to sampie collection our focal limit study. checklist 6.9(x. Attachment B Sewer use Please see section of City of City of Delray sees no reason Ordinance. Enforcement Delray Beach Ordinance to adopt changes if ordinance remedies checklist 1fl. 53.149 and section 53.150 covers erEfarcement remedies in those sections. Attachment B Sewer use Pleas see section of City of City of Boynton Beach sees no Ordinance, Enforcement Boynton Beach Ordinance 21"a- reason to adapt changes if remedies checklist 10. 176. ordinance covers enforcement remedies In that sections. Attachment B Sewer use Wiil update ordinance with WIII make changes to Ordinance. Remedies section on Remedies ordinance upon completion of Nonexclusive checklist 11.4. Nonexclusive. our local limit stud . Attachment B Sewer use Please see section of City of Clty of Delray sees no reason Ordinance. Prohibited Delray Beach Ordinance to adopt changes if ordinance Discharge Standards checklist 53.155 covers Discharge standards. 13.2. Attachment B Sewer use Will add to City of Boynton City of Boynton Beach wilt Ordinance. Prohibited Beach Ordinance. make changes to ordinance Discharge Standards checklist ~ - - - - - - -. ......" ... upon ~completion~--of ~ our ~ local 13.2. limit stud . If you have questions, please feel free to call me at {569}243-73(12. Si~lce , ~ ~~ ~- Patti H. ©eCaroils IPPIBF Inspector fPd Eno: Attachments: ERP,Ordinance cc: Richard liasko, P.Iw., l7tr. of EnvironmentaE 5ervt$ea Victor MajEenyi, I]eputy Clrect of Puhtic Ufilities ScotE Solomon, Manager of Wator and Sewer Willle willlams, Pretreatment Cnordlnator 1=ugane Tarver, IPP/BF Inspector Arsenio Eltzondo, ~r~vironmental Inspector File; C~PAUE)17 20©8 ~nvi~onment~~ protiect~on iel~l<nl(>~a~l~ Ll. Go~rctnor Bob Martinez Center i~~lithael 1V. SoiE 2bo0 Siair Stone Road 5ccretary Tallahassee, Florida 32399-2400 July 14, 200$ Mr. Willie Williams Pretreatment Coordinator South Cer';tral Regional VElastr3water Treatment and Disposal Board 18(}3 North Congress Ave. Delray Beach, Pt 33445 Re; South Central Regional Wastewater Treatment and Disposal Board Pretreatment Program Audit Permit Numher l=Lfl035980 Dear Nir. V1filliams: On April 23, the plorida Department of Environmental astewater Tp atmerit and D sposalBard (Board] # program audit (PPAj of the South Central Regional W pretreatment program. The purpose of the PPA#w~ eouireamentstof Chapter B2-625f Fiortdragram in controlling industrial discharges and in meeting q ,4dministrative Code {~.A.C.j. ~ ~ -- The i?PA consisted of the standard progr amemerN(tleand Mic onlzed Fluropofyrrter Prodlucts~aste Management of Palm Beach {Waste Mang j inc.{Micronized); and a site visit to Micror~ c~• of pelray Beach s sgwerBased° finances were also ns$ plan, and the City of Boynton Beach s an ty reviewed. Based on the PPA, the Soartl is adequately~tm~~a ~ of the find ngs f om our PPA is on alned mere are a few Issues that need to be addressed. A ry Attachment A ar3d a summary of the sewer use ordinances review is contained in Attachment B. ~ 9. If Please review the attachments and respond to thde~ ce~a need any ass sa ce, pkease ontactgSam yvu have any questions regarding this correspon .iinicins or myself at the letterhead address or at {85(3) 245-8605. Sincerely, +,~.~~ Dawn K. Templin, P.E. Pretreatment Coordinator DKTIsvv~ ,4t#achments cc: Tim Poweii, F'.E., DEP Southeast District Office Dennis Coates, SCRWTDB Paul Decarolis, City of Delray Beach Arsenio Eiizondo, City of i3oynton Beach "More l'rotectfori. Less l~racess" G:1t}omestitlPRETREAT15fluT~~~~'~IN5P1PPA07A8.ac+G Ii7ilt:£~P~7.St8fC.~.US ATTACHMENT A pretreatment pragrarn Audit South Central Regional Wastewater Treatment and Disposal l3aard Audit Date: April ~3, 20tt8 The following is a summary of a Pretreatment Program Audit ~PPA} of the South Central Regional Wastewater Treatment and f?isposal Board {Board) industrial Pretreatment Program. Sam Jfnkins of the Florida ©epartment of Environmental Protection {C?epartmen#) performed the PPA. Willie Williams represented thand Bo nton Beat D{Boyton)a espectiv lyrver represented the Cities of Delray Beach (pelray) Y The comments identify particulaopramrre ui ements and ar as where improvements a erated to meet applicable pretreatment p g q suggested to facilitate effective implementation of the program. Genera! Comments it was discussed during the PCi, that once the Board's wastewater discharge permit is renewed, there wilt be a requirement to re-evaluate its local fimits. Although not required, it is recommended that a Plan of Study (pOS) be submitted to the Department pdue to ~ ' commencing local fimits sampling. The PGS can help to prevent re-sampling, of the improper locations, ar additional analyses due to improper detection limits. A copy pepar#mer~t's Pian of Study Summary was sent via email on June 1, fo assist you when preparing the POS. industrial User Control Mechanisms 1. Two of the required permit elements were missing fr©m the industrial user confiroi mechanisms {permits} for Micronized and Waste 1~lianagement. in.accordance with Rule 62-625.5Dt) (2)(a}2, F.A.C., the following required notification requirements must be included in ail industrial riser permits: a, Part 5., Sec#ion G.~. of both permits require~that the significant industrial user {SlU} repor# any slug loads to the Board within 2~1 hours of occurrence. However, in accordance with Rule 62-625.6p0(5}, t=.A.G., all tUs must notify the Board immediately of ail discharges that could cause problems, Including slug ~~ discharges. The immediate notification of a slug discharg® requirement must be included in each SiU permit. Please revise ail SIU permits to include this r~~,'r~ ; ;~, ~ requirement as they are renewed. b. The notification requirements for bypass in Part 5., Section A. lc} of both permits .'~-~~ 1 ~ ~`' ~. ~7,- :~ require five days notice for unanticipated bypass. However, In accordaass within ,~~ t l ~ ~, 3~ i. <<, ~ , $2-825.$60(2)~b}, F.A.C., the SIU must submit oral notifcation of a byp n, -- 24 hours of becoming aware of the bypass and a written submission must be ~Q',~ - _. • '~. ` provided within 5 days of the time the SIU becomes aware of the bypass. Please revise all SIU permits to include ail bypass notification requirements as they are renewed. 2. There are several typographical errors in the "Monitoring Requirements" table of Waste Management's permit. For example, "NOTE A pg ~„ is noted in the "Frequency„ column for "Water Flow" on the table; however, the reference could not be found on page 4 of the permit. The ©epartment recommends reviewing the references in the table and revising the permit, as necessary, to correct the typographical errors when the permit is renewed. ~ ~ ~ ~ {` c~ •- 'c ~ -~` ~ 't Enforcement Response Plan (ERP The review of the ERP for Delray Indicated that several anticipated types of noncompliance, and speoific procedures to identify and track noncompliance were not included. Additionally, the ERP does not indicate time frames for response to a noncompliance by an industrial user. In accordance with Rule 62-625,50Q(2y(d), F.A.C., an ERP must contain detailed procedures that, at a minimufn: 1. Qescrfbe how the control authority will investigate instancesf nancflmpliance; and ~. Describe the types of escalating enforcement responses the control authority will take in response to ail anticipated types of Industrial user violations and the Time periods within . which responses will take place. I~ ~ ir..c~ • ~_ t . ~ 02~' ~ ~ - - ~~--~ ~ ~ > , 5: t:7 Guidance on the development of an ERP and a model ERP is availa 21009 Cor hte EPA'she State of Florida Guidance Manual for Pretreatment Programs, {July, ) Guidance for Developing Go St that f e Boa dnreview the enforcementresponse pE neand~p}. The pepartment recommend evaluate the need to update the current ERP. Additionally, in accordance Item 36 (pg 39) of the Agreement, it appears that Boynton and Qeiray are responsible for enforcement of their own sewer use ordinances. Therefore, an ERP - ~ from each Gity or an ERP from the Board, that each City agrees-to f©llow, should have been submitted during the PPA: An ERP was received; however, it appears that the submitted i=RP is for Qelray only an onseEfRthe 13oardtor Boyn onrhas adopted Delray's ERP tan. Please indicate to your resp la ~ ~ to t ~ ~-_ Attachment 13 Sewer Use t]rdinance Review Summary Reviewed by, Samuet Dinkins Due fa the relationship between the Board and the Cities of Defray Beach {Defray) and Boynton Beach (13aynton}, the sewer use ordinances ~SUO} of both of the Cities were reviewed. It was noted that the industrial Waste and Pretreatment Agreement (Agreemen#), between the Board and the Cities, addresses the requirement far the Cities to adapt a sewer use ordinance that Is no less stringent than the requirements listed in the Agreement. Since the Board is the control authority and the requirements for the Cities to adopt an SUO are contained in the Agreement, it is the Board's fesponsibility to ensure that each City's SUO meats the requirements of Rule 62-625.5nU{2}{a}, P.A.G. The review is based on the requirements for legal authority as specified in Rule fi2- 625.50©{2}(a}, tr.A.G. Where appropriate, references are roads to the '1992 Model Pretreatment Ordinance (BPA 833-8-92-OQ3} prepared by the U.S. EPA office of Wastewater Enforcement and Campliance,Manua'1 forrPretreatrrreroip P~ograms. del ordinance can be found in the State of Ffor~da Guidance checklist sfJO Reference Reference Comment ~ ~ ,3,Op~ The definition of grab sample in the Delray SUO is ition stales That the sample should be fi d ..,,. t~ i ~ ~~,. ,F c : (Defray) n e incorrect. This caflected "...without consideration of time." The correct " _, ,+ i'T~t ~S ~ ro. ~ ...with no language should state that the sample is taken t~5~~,~*l~~~c regard to the flow in the waste stream and vve_._.T r a tirna ti n S " - ~ ~ ~~ o ec Please refer to eriod not to exceed 16 minutes. , # .4 of the Model Ordinance and revise the definikion in ' . ~ .. - - .. Delray's ordinance accordingly. • .. ... .... 5.3 5g.tp2 The section regarding permit appeals could not be found artment recommends The De l ,~.~. ~~ ~ ~ . {Defray) p ray. in the SUO far De 3 ofi the Model Ordinance and Section 5 t i . ~ . o ng referr adding this section to the SUO far Delray. 26-177(d} In accordance with Rule 62-625.600(fi}'(b}, P.A.C., and 6,g (Boynton} item 18 of the Agreement requires any industrial user to i :, ,,~ ~+_. 11 ng notify the respective City within 24 hours of becom ~;~d~. 53,ggg aware of a violation. However, it was noted that neither SUO contain the 2~i hour notification t ' ' (Delray) s on s nor Boy Delray requirement. Please refer to the above Hated Rule, item 'i8 of the agreement and Section B.8 Model Ordinance and add this requirement to both City's SUOs. S 10 53,Ogr# The Department recommends referencing Chapter 82- 500(1)(e}6, F.A.C., f d Ruia 62~625 W ~ 1 ~ ,a A~ (Defray) . 160, F=A.C,, an art -,136, addition to the federal rule reference of ~l0 CFR, p regarding sample collection and analysis in Delray's SUO. E Checkiist suo Reference Reference Cammant 10 Nane The following administrative enforcement remedies were not found in the either SUO for Boynton or Delray: . Compliance OrderslSchedules ~sectivn 10.4); and Cease - and Desist Orders tsection '10.5). The Department recommends referring to Secfiions 10.4 and 10.5.of the Mode[ Ordinance and include These enforcement remedies in both SUOs. 5 c~ ~ S.r z ~, ~ ~•-!.~ F;, „ , i ~1 l # ~ ~~ ~~ - 11,4 Nane The section concerning Remedies Nonexclusive could not be found In the SUO for Delray. The ©epartment recommends referring to Section 19.4 of the Model ~}'~ } L'i~ Ordinance and adding this section to the Delray's SUO. ~ ~~ ' 93.2 None The affirmative defenses to discharge violations for the - Prohiblted Discharge Standards were not found in gaynton's or Delray's SUO. In accordance with Chapter 62-625.40{?{1)(b), F.A.C., an industrial user must have an affirma#ive defense to discharge violations. Please. refer to the above noted Rule and section 13.2 of the Model Ordinance and add this item to the SUO. i ~~ f . M l ,..~ f`~ xl. 1 1. (~ '~ j ` ~ ti.. 0` r-.s - `~ i ... ,. 1 '. r~.~~ MEMQRANDUM TO: Mayor and City Con~tnissioners FROM: rasmin Allen, Planner Paul Dorling, AICP, Director of Planning and Zoning THROUGH: City Manager DATE: December 22, 2009 SUBIECT: AGENDA ITEM 10.B. -REGULAR COMMISSION MEETING OF ANUARY 5 2010 ORDINANCE N0.01-10 [FIRST READING/FIRST PUBLIC HEARINGt 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 Iiving 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" dxStnCt, 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 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 l6, 2009. REVIEW BY OTHERS The text amendment was considered at the Planning and Zoning Board on 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 loopholes 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 Compxehensive Plan and meets the criteria set forth in LDR Section 2.45(M)(5}. The Baard's concerns were subsequently evaluated by the City Attorney's office and it was determined that the proposed ordinance is not in conflict with the recently adopted ordinances pertaining to "Transient Residential Uses" or the definition of "Family". RECOM1VlENDATION By motion, approve on first reading Ordinance O1-10, by adopting the findings of fact and law contained in the Staff Report and finding that the request is consistent with the Comprehensive Plan and meets the criteria set forth in LDR Section 2.4.5(M){5). Attachments: Ordinance No. 01-10 Planning and Zoning Board Staff Report of November 16, 2009 ORDINANCE NO. 01-10 AN ORDINANCE OF THE CITY COMII~IISSION OF 'T,"HE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE T,ANi] DEVELOPMENT REGULATIONS OF THE CITY OF DELRA,Y BEACH, BY AMENDING SECTIONS 4.4.1., "AGR.ICULTURE (A} ZONE DISTRICT, SUBSECTION (B}"; 4.4.2, "RURAL RESIDENTIAL (RR) ZONE DISTRICT", SUBSECTION (B); 4.4.3, "SINGLE I'AMILY RESIDENTIAL (R-1) DISTRICTS", SUBSECTION (B); 4.4.5, "LOW DENSITY RESIDENTIAL (RI.) DISTRICT", SUBSECTION (B); 4.4.7, "I'LA.NNED RESIDENTIAL DEVELOPMENT ~PRD} DISTRICT", SUBSECTION (B}; ~-.4.1.3, "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 CI.ARII"Y TTrIE ZONING DISTRICTS IN WHICH ASSISTED LIVING FACILITIES ARE ALLOWED AS FF.R D USES; AMENDING SECTION 4.G.9 "OFF-STREET PARKING REGULATIONS", SUBSECTION (C}, TO CLARIFY THE I'ARI~ING REQUIREMENTS FOR ASSISTED LIVING FACII,I'?I'IES, AND AMENDING APPENDIX "A", "DEFINITIONS", TO PROVIDE UPDATED DEFINITIONS FOR ASSISTED LIVING FACIT_,TTY AND CONTINUING CARE FACILITY"; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WI~REAS, pursuant to LDR Section 1.1.b, the Planning and Zoning Board reviewed the proposed text ax~aendxxaent at a public hearing held on November 16, 2009 and voted 7 to 0 to recommend that tlae charges be approved; and WHEREAS, puxsuam to Flaxida Statute 163.3174(4)(c}, the Planning and Zoning Board, sitt~g as the Local Planning Agency, has determined that the change is eonsis-tent v~ith and furthers the goals, objectives and policies of the Comprehensive Plan; and WHEREAS, the City Commission of the City of Delray Beach adopts the fundizzgs in the Planning and Zoning Staff Report; and .. . WHEREAS, the City Con~nission of the City of DeJxay Beach finds the ordinance is co~zsistent with the Comprehensive Plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF TI-IE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the recitations see forth above axe incorporated herein. Section 2. That Section ~-.4.1, "Agriculture Zone Tistrict {A}", of the Land T~evelop~nent 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) l;'cineipal Uses anal Structures Permitted: The following types of use are allowed within the (A} District as a permitted use: (l) The conduct of agricultural aperatians such as: crop lands, poultry, dairies, grazing lands, flower growing and fruit, citrus, and orchard groves; and structures noxnaally associated there with such as. baxas, chicken taops, drying sheds, farmhouses, greenhouses. (2) Horse Ranches, Horse Boarding Stables, Riding Stables and Acadeax~ies; and structures normally associated there with such as: stables and training facilities. (3} Single family detached dwellings. {~) Group Home, 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). (bl Assisted I ruing Facilities. Section 3. That Section 4.4.2, "Rural Residential (RR} Zone District", Subsection (B), of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be aiad the same is . hereby amended to read as follows: (B} Principal Uses and Structures Permitted: The following types of use are allowed evithin the (RR) District as a permitted use: (1) Single family detached dwellings. (2) Group Horne, Type 1, pursuant to restrictions set forth itz Section 4.3.30. (3) Publie educational facilities a£ The. School District of Palm Beach County, pursuant to the regulations set forth in Section. 4.33 {~). (41 Assisted Living Facilities. Section 4. That Section 4.4.3, "Single Family Residential (R 1) Districts", Subsection (B), of the Land Development Regulations of the Code o£ Ordinances o£ the City of Delray Beach, Florida, be and the same is hereby atx~erided to read as follows: 2 ORD. NO.OI--TO (B) Principal Uses and $tructures Permitted: The following types of use are allowed within the Single Family Disteicts as a permitted use: (1) Conventionally sited single family detached residences. (Z) Group Home, Type 1, pars-cant to restrictions set forth in Section 4.3.3(I}. (3} 1?arking lots not associated with a use, pursuant to an adopted neighborhood or redevelopment plan. (4) Pncket 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~. fbl Assisted T ivina Facilities.,. Seetifln 5. That Section 4.4.5, "Low Density Residential (RL) District", Subsection (B}, of the Land Developxnezxt lt,egulations of the Cade 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 fallowing types of use ara 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{1}. . {5) Parking fats not associated with a use, pursuant to an adapted neighborhood or - redevelopment plan, . (6) 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. 8 Assisted Livin Facilities. Section 6. That Section 4.4.7, „Planned Residential Develaptnent (PRD) District", Su}~scctian (B), 3 URD. NU. [?1-10 of ~e Land Development Regulations o£ the Code of Ordinances o£ the City of Delray Beach, Florida, be and the sa ~e is hereby ameztded to read as follows: ($) Principal Uses axed 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 {Z) Duplex structures {3) Multiple Family structures (4) Public educational facilities of The School District of Palm Beach County, pursuant to t1~e regulations set forth in Section 4.3.3 (HH). Assisted~.ivng Facilities. Section 7. 'C'hat Section 4.4.13, "Central Business (CBD) District", Subsectiau (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 anal Structures Permitted; The following types of use are allowed within the CBD District as a permitted use: (1) General xetatl 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 atud surgical equipment, music and musical instruirients, 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(1-I}(1) including, but not limited to: (a) Interior decoraring, medical aid dental clinics, zz~edical and dental laboratories, photographic studios, printing and publishing, professional offices. 4 ORD. NO. D1-1Q (3} Services and facilities including, but not limited to: (a} Auctions, barber and beauty shops and salons, caterers, dry cleaning lirxaited to on-site processi~ag fox customer. picl~up only, dry cleaning and laundry picl~up stations, laundrainats limited to self service facilities, pet grooming, restauta-cats excluding drive-an and dr'tve~th~raugh, outdoor cafes, tailoruag, tobacconist, vocational schools limited to arts and crafts, business, beauty, danciuag, driving, gynr~zaastics, photography, modeling, and l3arate-fudo, small item repair, and rental of sporting goods and equipment (such as but nat limited to bicycles, skates, boogie boards). (b) Galleries, broadcast studios, butcher shops, cocktail lounges, exercise facilities e.g. gyms and clubs, n~usetuzas, libraries, newsstands, commercial ox public parking lots and parking garages. (c) Public open space plazas (4} Multi faxzaily 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 maxixnucxc density is twelve (12) dwelling units per acre. (5) Hotels, motels, bed and breakfast inns, and residential-type inns except in the West Atlantic Neighborhood. (6) Assisted l~vit~.g Facilities and Continuing Care Facilities, uxa to a :txzaxixnum density of thirty 130 units ner acre except for the Nest Atlantic Neighborhood ox Beach Dis_tri_ct, where the maximum densi is twelve 12 dwe ~ units er acre. Section $_ That Section 9.4.17, "Residential Office (RO) 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 au~ended to read as follows: (B) Principal Uses and Structures Permitted: The foIlowing types of use are allowed within the RO District as a permitted use: (1) Single family detached dwelling units. (2) Duplex structures. (3) Business and professional offices. (9~) Abused spouse residence limited to forty (4ll) or fewer residents. (5) Funeral parlors, funeral hoxxzes. S ORD. NO.01-10 (G} Parlring lots not associated with a use, pursuant to an adopted neighborhood or xedevelopxnent plan. (7} Group Hoare, Type 1, pursuant to restrictions set forth in Section 4,3.3(1). ,(81„ .....,._..Assisted Living Facilities. Section 9. That Section 4.4.21, "Coxntnunity Facilities (CF) District", Subsection (B}, of the Laud Development Regulations of the Code of Ordinances of the City of Delray $each, Floxida, be and the same is hexeby amended to xead as follows: (B} Pr~cipal Uses and StrrYCtuEres Allowed: The following types of use ate allowed within the CI' District as a permitted use: (1} Governmental, such as: civic centers, courts, courthouses, temporary holding facilities, fire stations, gavernrnental offices, public health facilities, law enforcement offices and facilities, post offices, public utility facilities (e.g. lift stations}, water storage tanks, watex treatment plants, watex wells, wastewater treatment plants, drainage facilities. (2) Gomanunity, such as: civic centers, community caters, community theater, cultural facilities and auditoriums, arts and crafts centers, libxaxies, museuaxas, public paxking lots and garages. (3} Recreation, such as: community centers, te1?t?1s centers, ~g cexaters- (4} Seraices, such as: abused spouse residences, child care centers, day care centers. (5} Religious, such as: churches and places of worship with attendant uses of day caxe, pxe-school, educational facilities, and with other normal educational (Sunday school) and - xecxeatioaaal facilities, and support facilities (e,g., parsonage). (G) Restricted usage allowed pursuant to an ordinance enacted to sever developments .lights under a 'Transfer of Develapmeaats (TDR}- (See Section 4.G-2Q)- (7} Public educational facilities of The Scbool District of Palm beach County, pursuant to the xegulatioz~s set forth in 5ectio~a '4.3.3 (HH}. (8) Clubs and Lodges pxovided that alcoholic beverages shall not be served ox consumed on the property. (9) Assisted Livisag Facilities anal Coxztinuing Care Facilities;, subject to the recluiren3e~ts of the RM Distrio except for_setback and height recluireaxzents which shall lac puxsuaaat to this Section. -- .. .._ 6 QRD, NO. 01-10 Section 10. That Section 4.4.24, "Old School Square Historic Arts District (OSSHAD}", Subsection .(B}, of the Tsand Development Regalations of the Cade of Ordinances of the City of Delray Beach, Florida, be and the saxn~e is hereby amended to read as follows; (B) Principal Uses and Structures: The following types of uses are allowed within the OSSHAD as a pettnitted use: (1} Single Family detached dwellings. (2} Duplex structures. (3} Business, T'ro£essional, Medical and Governxz~ental Offices. (4) Retail sales through specsalty Shops (single purpose businesses) such as: bath shops, back stares, gift shops, florists, hobby sbops, lcitchen shops, boutiques, bicycle shops, excluding liquor stores, convenience stores and drug stores. (5} Arts related businesses such as craft shops, galleries, and studios within which is conducted the preparation of, display o~ and/or sale of art products such as antiques, collectibles, custom apparel, jewelry, paintings, photography, picture framing, pottery, sculpture, stained glass. {~ Educational andf or Instructional activities including teaming, 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 andf or drive-through Facilities of Features. (8) Providing of personal services such as barbershops, beauty shops, salons, cosmetologists. (9) Bed and Brealrfast Inns. (10) Catering services not associated with a xestauxant, subject to the special regulations of Section. 4.4.24(H}. (11) Group Home, Type 7, pursuant to restrictions set forth in Section 4.3.3(1). (12) L~lithia the fallowing 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 iu the OSSI-IAD: (a) Lots 13-16, Block C~0 7 ORD. N0.01-1 Q . (l~) Lots 1- 4, Black 61 (c) Lots 1- 7 and 19-24, Bloch 69 (d) Lots 7- $, and the South 34.75 feet of Lot 6, Bloch 75; and (e) Lats 1- 6, Block 76 tT3~ Assisted Livins~Facilities. Section 11. That Section 4.6.9, "Off Street Parking Regulations"' Subsection (C)(2), of the Land Develaprnent Regulations of the Code of Ordinances of the City of Delxay Beach, Florida, be and the same is hereby amended to read as follows: (2) Requirements fox Residential Uses: (a) Single Family Detached Residences,... including Assisted. Living .Facilities: -- two spaces per dwelling unit. Tandem parking may be used provided that in the Single Family {R-1 District) ox RL District, no required parking space may be located in a requixed front or street side setback. {b) Duplexes, including Assisted Living Facilities: -- two spaces pex dwelling u:nit_ Tandem parking may be used provided that such parking does not result in the space fox one unit impeding access to a space of the other uanit Further, curb cuts or dixect access from parking axeas onto a street shall not exceed 24' in width. {c) 1V;<ultiple Family Structures, including Assisted Living Facilities: * Efficiency dwelling unit ~ One bedrooxxx dwelling unit ~ Two ox more bedroom d.u. ~ Guest pazking shall be cumulatively as follows: - for the first 20 units - fox utaits 21-50 for units 51 and above 1,0 space/unit l_5 spaces/unit 2.0 spaces/ut3it provided ~.5 spaces per unit 0.3 spaces per unit ~.2 spaces per unit - 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 ixzxpeding access to a space of the other unit. Section 12. That Appendix "A", "Definitions", of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Tylorida, be and the same is hereby amended to xead as follows: 8 CARD. NO. D1-10 ASSISTED LIVING FACILITY Any building or buildings, section of building, or distinct part of a building, private home, boarding home, home for the aged, nr other residential facility, whether operated for profit ox not, which undertakes through its ownership or management to provide housing, meals, and one ox txaore personal services for a period exceeding 24 hours to one or more adults who era not relatives of the awaer or administtattan. "Personal services" means direct physical assistance with or supervision of the activities of daily living and the self-administratiaxt of medication and other sixxailax services which the Department of Elderly Affairs may define by rule. "Personal services" shall not be construed to xxzean the provision of medical, nursing, dental, or mental health services. Assisted Living Facilities shall be accommodated in the same sna~nner with respect to the nutanber of residents and the number of units_ as required far the respective st~ctures of either a single. family unit, duplex unit or multi-faxanil unit in the ~anin districts where allowed. Re uests f r exern bons to the number of residents can be re erred thrau h a reasonable accaxnnaadation re uest u~suant to T..DR Sectian 2.x.7 G . CONTINUING CARE FACILITY A facility which fiaxnishes shelter and either nursing care or personal services, pursuant to an agreement, whether such nursing care ax personal services are provided in the facility or in another setting designated by the contract for continuing care to an individual net related by consanguinity or afbnity to the provider fiimishing such carne, upon payment of an enteance fee. Other personal services provided shall be designated in the contin" ~ rare contract Contracts to provide continuing care include agreements to provide care for any duration, including contracts that are termi~~ble by either party. "Personal services" means direct physical assistance with or supervision of the activities of daily living anal the self-administration of medicatiaxa and other similar services which the dDepartrnent of Elderly Affairs may defined by rule. "Personal services" shall not be construed to mean the provision of medical, nursing, dental or mental health services. Continuing Care Facilities shall be accommodated in the same manner with_xespect to the number of residents and the number of units as rewired for the respective structures of either_a_s glc Tamil unit du lex unit or multi-Tamil unit i~ the zonin districts where aIIowed. Ra nests for exemx-tians to the number of residents can be reuuested through a reasonable_aceoxnmodation recl~est pursuant to LDR Section 2.4.7~G,,1. Section 13. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or woad be declared by a court of competent jurisdiction to be invalid, such decision shall oat affect the validity of the remainder hereof as a whole or part thereof other than the. part declared to be invalid. . . Section 14. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 15. That this ordinance shall become effective immediately upon its passage on second and final reading. ORD. NO. Q3-1Q PASSED AND ADOPTED in regular session on second and final reading on taxis the day of 2D09. ATTEST MAYOR City Clerk First Reading Second ReadingT , ~o oRD_ No. o~-~a :7' MEETING DATE: NOVEMBER 16, 2049 AGENDA NO: V.A AGENDA ITEM: CONSIDERATION OF ACITY-INITIATED AMENDMENT TO LAND DEVELOPMENT REGULATIONS, BY AMENDING SECTIONS 4.4,1 "AGRlGULTURE {A) DISTRICT", SUBSECTION {B); 4.4.2 "RURAL RESIDENTIAL {RR) DlSTRIGT", SUBSECTION {B}; 4.43, "SINGLE FAMILY RESIDENTIAL (R-1) DISTRICTS", SUBSECTION (B); 4.45, "LOW DENSITY RESIDENTIAL (RL} DISTRICT", SUBSEGTION (13}; 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", SUBSI=GTION (B); 4.4.21 "COMMUNITY IACILITIES {CF) DISTRICT", SUBSECTION B; AND, 4.4.24, "OLD SCHOOL SQUARE HISTORIC ARTS DISTRICT [OSSHAD)", SUBSECTION {B), IN ORDER TO CLARIFY THE ZONING DISTRICTS IN WHICH ASSISTED LIVING FACILITIES OR CONTINUING CARE FACILITIES ARE ALLOVlfED AS EITHER PERMITTED OR CONDITIONAL USES; AMENDING SECTION 4.6.9 "OFF-STREET PARIClNG REGULATIONS", SUBSECTION {C); T© CLARIFY THE PAR}CING REQUIREMENTS FOR ASSISTED LIVING FACILITIES, AND AMENDING APPENDIX "A" "DEFINITIONS" BY PROVIDING AN UPDATED DEFINITION OF "ASSISTED LIVING FACILITY" AND "CONTINUING CARE FACILITY". a -____~ - The item before the Baard is to make a recommendation to the City Commission regarding a City-initiated amendment to the Land Development Regulations pertaining to Assisted Living Facilities and Continuing Care Facilities. Pursuant to Section 1.1.6, an amendment to the text of the Land Development Regulations may not be made until a recommendation is obtained Pram fibs Planning and Zoning Baard_ _._ ---.---- ___,_.~._._ `ICS - -~~ _ On April 15, 20018, the Ciiy Commission adapted Ordinance 2©-QB, pertaining to Assisted Living Facilities and Continuing Care Facilities to comport with state statues. Additionally, in order to achieve compliance with tl7e Federal Fair 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), CBD- RC (Central Business District-Railroad Garridor, CF {Community Facilities) and MR~C (Mixed Residential, Office and Commercial) zoning districts, and as conditional uses in the GC (General Commercial) and PC {Planned Commercial) districts. Planning and Zoning Board Staff Report, ~lovember 1B, 2009 Amendment to L©Rs Regarding Assisted Living Facilities and Continuing Care Facilities Page 2 Assisted Living Facilities and Continuing Care Facilities: Florida Statutes CH 429.81 states, `The Legislature recognizes that assisted living facilities are an important part of the continuum of long-terrra 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 Development Regulations, defines Assisted Luring Facility and Con#inuing Care Facility as faHows: Assisted. Livin_q Facilit~r~. "Any building or buildings, section of building, ar disfinct part of a building, private home, boarding home, Name far the aged, or other residential facility, whether operated far profit ar not, which undertakes through its ownership or management to provide housing, meals, and one or more personal services for a period exceeding 2~ hours to one or more adults who are not relatives of the owner or administration. "Personal services" means direct physical assistance with ar supervision of the activities of daily living and the self administration of medication and other similar services which the Department of Elderly AfFairs may define by rule. "Personal services" shall not be construed to rrrean the provision of medical, nursing, dental, ar mental health services." Continuing Care Facility: "A facility which furnishes shelter and either nursing care ar 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 far continuing care to an individual not related by consanguinity yr affinity to the provider famishing such care, upon payment of arc entrance fee. Other persona! services provided shall be designated in the continuing care cantracf. Contracts to provide continuing care Include agreements to provide care for any duration, including contracts that are terminable by either party. "Personal SBN1Ce5" means direct physical assistance with or supervision of the activities of daily living and the self-administration of medication artd other similar services which the department may defined by rule. "Personal services" shall not be construed fo mean the provision of medical, nursing, dental ormenta] 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 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's "Single Family Residential" district, 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 Facilitie$" District, limitations on densities in the same manner as other multi-family uses are noted with this amendment. The ordinance also clarifies the parEcing 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 Planning and Zoning Board Staff Report, No~emtrer 16, 20D9 Amendment to LpRs Regarding Assisted Diving Facilities and Continuing Care Facilities Page 3 where allowed. Requests far exemptions to the number of residents can be requested through a reasonable accommodations request pursuant to LDR Sec}ion 2.4.7(G}. Followin are details of the than es: 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 agricultural operations such as: crop lands, poultry, dairies, grazing lands, 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, Horse Boarding Stables, Riding Stables and Academies and structures normally associated there with such as: stables and training facilities. (3} Single fiamify detached dwellings. (4} Group Home, 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). l63 Assis#ed Livina Facilities. Section 4.4.2 Rural Residential RR) Zone District: (B) Principal lJses 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 Home, 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). t4) Assisted Living Facilities. Section 4.4.3 Single Family Residential {R~1} CJlstricts: (B) Principal Uses and Structures Permitted: The fal{owing 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{l). Planning and honing Board Staff Report, November'i6, 2009 Amendment to LDRs Regarding Assisted Living Facilities and Continuing Care Facilities . Page ~ (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 Paim Beach County, pursuant to the regulations set forth in Section X1.3.3 {HH) ES) Assisted Living Facilities. Section 4,4.5 Law Density Residential iRL1 District: (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(1). {5) Panting lots not associated with a use, pursuant to an adopted neighborhood or redevelopment plan (6) Pocket parks (7} Public educations! facilities of The School District of Palm Beach County, pursuant to the regulations set forth in Section 4.3.3 (HH) {$) Assisted Living Facilities. " Section X4.4.1 Planned Residential Development tPRD) District: (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 facilities of The School District of Palm Beach County, pursuant to the regulations set forth in Section 4.3.3 {HH) C5} Assisted Livincl Facilities. Planning and honing Board Staff Report, November 16, 2009 Amendment to LDRs Regarding Assisted Living Facilities and Continuing Gare Facilities Page 5 Section 4.4.13 Central Business (CBD} District: {B) Principal Uses and Structures Permitted: The following types of use are allowed within the CBD District as a permitted use: (1) General retail uses including, but not limited to: {a) Antiques, arts and crafts, automotive parts, baked goods, books, carpet and floor covering, cheeses, beer, wine, liquor, confectioneries, cosme#ics, meats, draperies and slipcovers, medicines and prescriptions, electrical fixtures and supplies, fabrics, fish, flowers and plants, Fruits and vegetables, food, garden supplies, gifts, glassware, hardware and paints, home furnishings, ice cream, lawn care equipment, leather goods, luggage, medical and surgical equipment, music and musical instruments, nautical supplies, office furniture equipment and supplies, pets and pet supplies, photographic equipment and supplies, sewing supplies, sporting goods, toys, wearing apparel and accessories, appliances, bicycles, business machines, jewelry. {2) Business and professional uses pursuant to restrictions set forth in Section 4.4.13(H)(1) including, but not limited to: (a) Interior decorating, medical and dental clinics, medical and dental laboratories, photographic studios, printing and publishing, professional offices. {3) Services and facilities including, but not limited to: (a) Auctions, barber and beauty shops and salons, caterers, dry cleaning limited to on-site processing for customer pickup only, dry cleaning and laundry pickup stations, Laundromats limited to sekfi-service facilities, pet grooming, restaurants excluding drive-in and drive-through, outdoor cafes, tailoring, tobacconist, vocational schools limited to arts and crafts, business, beauty, dancing, driving, gymnastics, photography, modeling, and karate judo, small item repair, and rental of sporting goods and equipment (such as but not limited to bicycles, skates, boogie boards). (b} Galleries, broadcast studios, butcher shops, cocktail lounges, exercise facilities e.g. gyms and clubs, museums, libraries, newsstands, commercial or public parking Lots and parking garages. (c) Public open space plazas (4) Multi-family dwelling units, excluding duplexes, up to a maximum density of thirty (30) units per acre except for the 1Nest Atlantic Neighborhood or Beach District, where the maximum density is twelve (12) dwelling units per acre. Planning and honing Board Staff Report, November '16, 2009 Amendment to LDRs Regarding Assisted Living Facilities and Cantin~ting Care Facllifies Page 6 {5) Hotels, motels, bed and breakfast inns, and residential-type inns except in the vVest Atlantic Neighborhood. (6) Assisted Living Facilities and Continuing Care Facilities, up to a maximum density of thirty (30) units per acre except for the VI;<est Atlantic Neicthborhoad or Beach District where the maximum densit is twelve 'l2 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 ©istrict as a permitted use: (1} Single family detached dwelling units. (2} Duplex structures (3) Business and professional offices. (4) Abused spouse residence limited to forty (4n) or fewer residents. (5} Funeral parlors, funeral homes. (6} Parkinr~ lots not associated with a use, pursuant to an adapted neighborhood or redevelopment plan (7) Group Hame, Type 1, pursuant to restrictions set forth in Section 4.3.3(1}. ~) Assisted Livinc Facilities- Section 4.4.21 Gommuniiy Facilities {CP} District: (B) Princi a1 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, governmental offices, public health facilities, law enforcement offices and facilities, post offices, public utility facilities (e.g. lift stations), water storage tanks, water treatment plants, water wells, 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 Amendrnent to LDRs Regarding Assisted Living Facilities and Continuing Care Facilities Page 7 (a) Religious, such as: churches and places of worship with attendant uses ofi day care, pre-schoot, educational fiaciiities, and with other narrnal 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 educational 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 shall not be served ar consumed an the property. {9} Assisted Living Facilities and Continuing Gare Facilities, subject to the requirements of the RM District except for setback and height requirements which shall be t~ursuant to this Section. Sec#ion 4~,~4.24 Old School: S ware Historic Arts iDistrict OSSHAd (B) Principal Uses and Structures: The following types of uses are allowed within the OSSHAD as a permitted use: (~) Single family detached dwellings (2) Duplex structures (3) Business, Prflfessional, Medics! and Governmental 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 stores, convenience stores and drug stores (5) Arts related businesses such as craft shops, galleries, and studios within which is conducted the preparation of, display flf, andlor sale of art products such as antiques, collectibles, custom apparel, jewelry, paintings, phot©graphy, picture framing, pottery, sculpture, stained glass. (6} I~ducational andlor Instructional 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/ordrive-through facilities or features (8} Providing of personal services such as barbershops, beauty shops, salons, cosmetologists (9) Bed and t3reakfast Inns Planning and Zoning Board Staff Report, iVavember 1fi, 2pt39 Amendment to LI]Rs Regarding Assisted Living Facilities and Continuing Care Facilities Page 8 (1©) 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 forth in Section 4.3.3(1). (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 4SSHAD {a) Lots '13-16, Block 6© {b) Lots 1~ 4, Black 61 (c) tots 1- 7 ar~d 19-24, Block 69 (d} Lats 7- 8, and the South 34.75 feet of Lot fi, Block 75; and (e) Lots 1- B, Block 76 13 Assisted Livia Facilities. Section 4.6.9 Off-Street Parkin Re ulations: Section 4.6.9(C) (dumber of Parking Spaces Required: (2) Re uirernents for Residential Uses: ~a) Single Family ©etached Residences, including Assisted_ Living Facilities: -- two spaces per dwelling unit. Tandem parking may be used provided that 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. (b) ©uplexes includin Assisted Livia Facilities: -- 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 shad not exceed 24' in width. (c} Multiple Family Structures, including) Assisted Living l;aciliti~s: ~ Efficiency dwelling unit 1.D spacelunit ~ one bedroom dwelling unit 1.5 spaceslunit ~ Two or more bedroom d.u. , , 2.0 spaceslunit ~ Guest parking shalt be provided cumulatively as follows: - far the first 2Q units D.5 spaces per unit - for units 21-50 0.3 spaces per unit - for units 51 and above 0.2 spaces per unit [Amd. Ord. ~tfi~9fi 7115196] Planning and honing Poard Staff Report, November 16, 2©09 Amendment to t_DRs Regarding Assisted Living Facilities and Continuing Care Facilities Page 9 11Vithin 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. APPENDIX "A~ DEFINITIONS ASSISTED LIVING FACILITY Any building or buildings, section of building, or distinct part of a building, private home, boarding home, home for the aged, or other residential facility, whether operated far profit or not, which undertakes through its ownership or management to provide housing, meals, and one or more persona! services for a period exceeding 24 hours to one or mare adults who are not relatives ofi the owner or administration. "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 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 Living Facilities shall___be accommodated in the same manner with respect to the number of residents and the numberof units as re aired far the res ective structures of either a sin le #amil unit- du lax unit or multi- famil unit in the zonin districts where allowed. Re oasts fior exam tinns to the number of residents can be requested through a reasonable accommodation request .pursuant to LDR Section 2.~1_7(G}. CONTINUING CARE FACILITY: A #acility which furnishes shelter and either nursing care or personal services, pursuant to an agreement, whether such nursing care ar 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 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 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 dDe artrnent of Elderly Affairs may defined by rule. "Personal services" steal! not be construed to mean the provision of medical, nursing, dental or mental health services. Continuinca Care Facilities shall be accommodated In the same manner with res act to the number of residents and the number of units as re aired for the res ective structures of either a sin le famil unit du lax unit nr multi-family unit in the zoning. districts where allowed. Requests far exemptians._to the number of residents can be re nested throu h a reasonable accommodation re oast ursuant to LDR Section 2_~4.7tG}. LDR Section 2.4.5fM)(5) #Fintlin9sl: Pursuant.to LDR Section 2.4.a(M)(5) (Findings), in addition to LDR Section ~I.~i.6(A), the City Commission must make a finding that the text amendment is consistent with and furthers the Goals, Objectives and Policies of the Comprehensive Plan. Comprehensive Plan Policies: The goals, objectives and policies afi the Comprehensive Plan were reviewed and the following applicable objective was ranted: Planning and Zoning Board Staff Report, November 16, 2009 Amendment to LpRs Regarding Assisted Living Facilities and Continuing Care Facilities Page 10 Housing Element Objective B-2 states, ~Redevelvprnent and the development of new land shall result in the provision of a variety of housing types and other amenities (i.e. bike trails, parks, sidewalks) to accommodate the diverse economic makeup of the City's demographic profile, and meet the housing needs of all residents. 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 with and furthers the Goals, Objectives, and Policies of the Comprehensive. The Pineapple Grove Main Street committee reviewed the amendment at their November 4, 2009 meeting and recommended approval. The Downtown Development Authority (DDA) reviewed the amendment at their November 9, 2009 meeting and recommended approval. The West Atlantic Redevelopment Coalition (WARC) reviewed the amendment at their November 11, 2009 meeting and recommended approval. The Community Redevelopment Agency (CRA) reviewed the amendment at their November 12, 2009 meeting and recommended approval. Courtesy Notices: • Courtesy notices were provided to the following homeowner and civic associations: Neighborhood Advisory Council Letters of objection and support, if any, will be provided at the Planning and Zoning Board meeting. The purpose of this City initiated LDR text amendment is to bring consistency between the Land Development Regulations and Florida Statues, as well as Federal Pair Housing laws. Positive findings can be made with respect to LDR Section 2.4.5[M}(5}. Move a recommendation of approval to the City•Commission far acity-initiated amendment to Land Development Regulations as reflected in the attached Ordinance, by adapting the findings of fact and law contained in the StafF Report and finding that the request is consistent with the Comprehensive Plan and meets the criteria set forth in LDR Section 2.4.5(M)(5). Attachments: Proposed Ordinance 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 SUB3ECT: AGE„NDA ITEM 10.C. -REGULAR COMMISSION MEETING OF ]ANUARY 5, 2010 ORDINANCE N0.02-10 (FIRST READING/FII2ST 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 Eo 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 in 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; modifies the Zoning District Table in Section 4,3.3(1) 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 definition of a community residential home shall be allowed in single-family or 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 shaIl 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 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, 2009. REVIEW BY OTHERS The text amendment was considered at the Planning and Zoning Board on Novexnbex 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, 3oseph 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 numbex of residents allowed within the Community Residential Homes and Group Homes 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 finding that the request is consistent with the Comprehensive Plan and meets the criteria set forth in LDR Section 2.4.5(M}(5). Attachments: Ordinance No. 02-10 Planning and Zoning Board Staff Report of November 16, 2009 ORDINANCE NO. 02-10 AN ORDINANCE OF THE CITY COMMISSION OF THE CTT'Y OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMEN'T' REGULATIONS OF THE CITY OF DFLR_AY BEACH, BY AMENDING SECTION 4.3.3(I), "COMMUNITY RESIDENTIAL HOMES AND GROUP HOMES", SUBSECTION (4), "CLASSIF'ICA'TIONS", TO UPDATE THE TABLE PROVIDED THEREIN AND AMENDING 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 COMNIF':RCIAL (PC) DISTRICT, SUBSECTION(B); IlV ORDER TO CLARIFY THE ZONING DISTRICTS IN WHICH, COMMUNITY RESIDF.I~TTIAL. HOMES .AND GROUP HOMES ARE ALLOWED AS EITHER PERMITTED OR CONDITIONAL USES AND AMENDING SECTION 4.6.4 "OFF-STREET PARi~NG REGUT~TTONS", SUBSECTION (C) TO CLARIFY'I HE PART~LNG REQT iTR Ri~tF.NTS FOR COMMUNITY RESIDENTIAL TTC]MES AND GROUP HOMES; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, pursuant to LDR Section 1.1.6, the Plant~_ing and Zoning Board reviewed the proposed text amendment at a public hearing held vn Noverxtlaer 16, 2009 and voted 4 to 3 to recommend that the changes be denied; and WFIEREAS, pursuant tv Florida. Statute 163.3174(4)(c), the Planning and Zaning Board, sitting as the Local Planning Agency, has determined that the change is not consistent with and does not further the goals, objectives and policies of the Comprehensive Plan; and WHEREAS, the City Commission of the City of Delray Beach adopts the findings in the Planning and Zoning Staff Report; and WFIEAITAS, the City Commission of the City of Delray Beach finds the ordinance is consistent with the Comprehensive flan,. NOW, TId.EREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the recitations set forth above aze incorporated herein. Section 2. That Section 4.3.30, "Coinm~nity Residential Homes and Group Homes", Subsection (4), "Classif cations", 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: SECTION 4.3.30 COMMUNITY RESIDENTIAL HOMES AND GROCXP HOMES: (4) Classifications: (a) Grou Home T e 1: A group home of not more than sin (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 nn such home shall be located within a radius of 1,000 feet of another Type 1 gxo~ap home or a corntnunity residential home. ~) Community' Resiclerttial Horne: Such homes which satisfy the provisions of this section shall be allowed as a permitted ax conditional use in the zoning districts as outlined in Section A-.3.3 (~ (~) (d), provided that such homes shall not be located within a radius of 1,(}00 feet of a cam3nut~ity residential home or within a radius of 500 feet of a single family residential zotxing district. (c) Grauu Home, TXpe 2:.A group home which provides lodging or related services for fifteen (15) or x-aoxe unxelatecl residents. 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(1)(~l)(d), provided however that such homes shall not be located within a radius of 1,000 feet of a community residential home ar group Name, 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) Community Residential Homes and Group Homes shall be allowed as a permitted or conditional use in the following zoning districts: 3''~ ~ n , ~~~~ ~ RL, Rlvt Plt~ C>!~~AD ~~~~~1: ~ ._r ,~ ;= - "~~, -; o~ite ~i; - --~~~---'~" Permitted Permitted Permitted fitted Perini#tsd Nnt Permitted Permitted Not P itt d __~_~~~i~ ` "__ 1?ermit#ed erm e cofririiiiiiii `_u. ::~_ Not Conditional Not Conditional C©nditianal Conditional Conditional Conditional _~eSd~tal,;-= - -- - - --= Permit#ed Use Permitted Permitted Use Use Use Use Use T°Ti5it1~~_ T}id~l?~o~t1~-` Not Conditional Not Conditional Conditional Conditional Conditional Conditional :~:_T_}~e2~-= Permitted Use Permitted Permitted Use Use Use Use Use Section 3. That Section 4.4.3, "Siirzgle I~atnily Residential (Rw1) Dist-riots", Subsection. i;D), of the Land Development Regulations of the Code of Ordinances of the City of T~elxay Beach., Florida, be and the saxrne is herebp amended ro read as foIlows: 2 QRD- NO. 02--10 (D) Cai~ditianal -CJses and Structures Allawed: The following uses ate allowed as conditional uses within. the Single Familp Districts. {1) Child care and adult dap care. {2) Churches, or places of worship, and their attendant educational, nursery, Sunday school, recreational, and calumbar;um facilities. The foregoing does not allow establishment of educational and care Uses such as elementary school and general day care; hov~e~rer, such uses map be established by a separate conditional. use application for child care or rezoning to C.F., as appxopriate. {3) Private educational facilities subject to the restrictions set forth in Section 4.3.3{HI3H}. {4} The use of common recreational facilities such as s~,anmmjt~g pools and tennis courts, associated with a subdivision, fox club of cox~axnercial purposes. {5) Single family detached xesidences 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} Distdct", Subsection {13}, of the Land Development Regulations of the Code of Ordinances of the Cite of Delray Beach, Florida, be and the same is hereby amended to read as follows: (B} Principal -C7ses and. Structures Pex~nitted: The folLo~zring types of use are allowed within the (PRD) Disteict as a permitted use: (1) Single family detached dwellings whether conventional ar zero lot line design {2) Duplex structures (3) Multiple Fatnilp structures (4) Public educational facilities of The School District of Palm Beach County, pursuant to the regulations set forth in Section 4.3.3 (HH). {5) Assisted Living Facilities l61 Group Floxne, Type 1 pursuant to testeictions set Earth in Section 4.3.3(l~. 3 ORD. NO.02-10 - Section 5. That Section 4.4.12, "Planned Coxx~xnercial {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 amended to read as follows: (B) Principal Uses and Structures Permitted: The following types of use are allowed within the PC District as a permitted use, except within the Four Corners Overlay District wh;:ich shall be puxsua7n.t to Section 4.4.9(G)(3)(a): {1) All uses allowed as such within the GC District [Section 4.4.9(B)(1) through (5) and (7l]. (2) Automobile brokerage, including vehicle display within an enclosed structure, but excluding any preparation, service, or zepaix worl~. Section 6 That Section 4.G.9, "Off- Street Parl~i:ng Regulations"' Subsection (Cj{7}, of the Land 17eve1opment Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be and the same is hereby amended to read as follows: (7) Other Uses (a) Abused Spouse Residence: One space per sleeping roam plus one space for each shift employee. (b} A:E: -LB's, Residential Licensed Service Provider Facilities, and Nursing Homes: Shall provide one space for each four bads. {c) Continuing Care: Facilities shall provide 1.5 spaces pex 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 ],000 sq.ft. of floor area devoted to ballrooms, meeting rooms, restaurants, lounges, and shops. {~ Broadcast Facilities and Communication k'acilities; Shall provide 4/1,000 sq.ft. o£ gross floor area. (g} Bus Stations, Taxi Stadons, 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 URD. NO. 02-10 i (i) Courts, Courthouses and Related Facilities: Shall pxavide ~J150 sq.ft(net} of couxtraona . space plus 1 /250 sq.ft. (gross) of non-courtroom area, excl~disag walls, elevators, stairwells, and mechanical equipment 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. (k} Mariaxas: Shall provide 5/1,000 sq.ft of gross floox area of any buildimg devoted to marina use plus 1/slip. fl) Community Residential Hornes and Groin Homes: Group ,Homes~,Type 1 shall provide twa spaces per dvn-elling unit Community Residential Haines and Group Homes, Tune 2~hall provide one space. far each four beds. Section 7. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a count 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 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 immediately upon its passage on second and ~~ final reading. PASSED ANT] ADOPTED isi regular session on second and final reading on this the dap of , 2009. ATTEST M A Y G R City Clerk First Readiti~; Second Reading 5 ORD_ N(3. 02-111 MEETING DATE: NOVEMBER 16, ~QQ9 AGENDA NO: V.B AGENDA ITEM: CONSIDERATION OF ACITY-INITIATED AMENDMENT TO LAND DEVELOPMENT REGULATIONS, BY AMENDING SECTION 4.3.3[1), "COMMUNITY RESIDENTIAL HOMES ANO GROUP HOMES", SUBSECTION [4), "CLASSIFICATIONS", TO UPDATE THE TABLE PROVIDED THEREIN; AMENDING SECTIONS 4.4.3, "SINGLE >=AMILY RESIDENTIAL (R-1) DISTRICTS", SUBSECTION [D], 4.4.7, "PLANNED RESIDENTIAL DEVELOPMENT [PRDj DISTRICT", SUBSECTION [B); AND 4.4.12 "PLANNED COMMERCIAL (PC) DITRICT", SUBSECTION (B) IN ORDER TO CLARIFY THE ZONING DISTRICTS IN WHICH GROUP HOMES AND GOMMUNITY RESIDENTIAL 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 REG2UIREMENTS FOR COMMUNITY RESIDENTIAL HOMES AND GROUP HOMES. The item before the Board is to rnaKe a recommendation to the City Commission regardfig a City-initiated amendment to the Land Development 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 Development Regulations may not be made until a recarnmendation is obtained from the Planning and Zoning Board. --s - - _ - STS-:=.a,.==- ,~ ~~_ -- 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 Home Type 1. as a principal use within the PRD (Planned Residential Development) zoning district and clarifies where Camrnunity Residential Homes and Group Homes, are allowed as permitted or conditional uses within the Zoning District Table in LDR Section 4.3.3(1). LDR Section 4.3.3(1)(3)(b) defines Community Residential Home as, °a dwelling unif licensed to serve clients of the Departmenf of Elderly Affairs, the Agency far Persons with Disabilities, the Department of Juvenile Justice; or Department of Children and Family Services, or a dwelling unit licensed by fhe Agency for Health Care Administration, which provides a Irving environment far ~ to 74 unrelated residents who operate as the functional equivafenf of a family, including such supervision and care by supportive staff as may 6e necessary fo meet physical, emotional, or social needs of the residents." Group Home is defined in LDR Section ~+.3.3(I)(3){c) as, "a home, andlor a building ar part thereof, or group of buildings; which has either less than seven (7'} residents ar more than Planning anti Zoning Board Staff Report, Navem~er 15, 20Q9 Amendment to LDRs Group Homes and Community Residential Homes Page 2 fourteen i'~~) 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 far Health Care Administration. " The LDRs distinguish two types of group homes---Group Home Type 3 is a group home of not more than six (8) unrelated residents and Group Home Type ~ 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 '[ (six or fewer residents) be allowed in all residential zoning districts. FS 419.001(2} stafes, "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, residenfiai use for the purpose of local laws and ordinances. Names of six or fewer residents which otherwise meet the definition of a communi#y residenfial name shall be allowed in single- family or multifamifyzoning 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 gybe required to comply with the notification provisions of this section; provided that, prior to #icensure, the sponsoring agency provides the lace! govemment with the most recently published data complied from the licensing entities that identifies all community residenfial homes within the jurisdicfiona! limits of the Local government in which the proposed site is to be located in order to shave thaf no other cammurtity residential home is within a radius of 1, C300 feet of the proposed home with six ar fewer residents. At the time of home occupancy, the sponsoring agency must nafify the focal 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 use 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 (Central Business District-Railroad Corridor} zoning districts. 1=finally, the ordinance establishes parking requirements for community residential homes and group homes and deletes the reference to A.C.L.F's which was repealed via Ordinance 2Q-i38. Follawina are details of the chances. SECTION 4.3.3 SPECIAL REQUIREMENTS FOR SPECIFIC USES Within LDR Section 4.3.3 Special Requirements for Specific Uses, the proposed ordinance modifies the Zoning District Table in Section X1.3.3{i)(~4} "Classifications" The Zoning District Talale as currently listed in the LDR's is noted below as Exhibit "A" Planning and Zoning Board Staff Report, November '16, 20©9 Amendrrlent to LDRs Group Homes and Community Residential Homes Page 3 Exhibit °A" - - - y~~:= -- - - .._ __ _._.___. S_. _.._.. - -- - - - _ - _-- _~::~ _.. _-.._ - _ ~. _ LT _ _ .~ ~:. ~=---:V--= ~. -. _.~4 _ __ ..._ _.... .~~.~.._ _ __._ r.., .. ._ _ _._~.._~ ~~~~_t~_`t~ri Permitted Permitted Permitted Permitted Not Permitted ='~~` ~~~i~=-~~-- _-w~-ern Permitted ~~~r~i~it`~~~= ~~ ~ Not Conditional Permitted Conditional Condition Conditional ~e~r~e~rapr~'r~_'..__,_. Permitted Use Use al Use Use ~ ~~" ~~~~Fame, _ Not Conditional Permitted ConditionaE Condition Conditional _ , fT ~~- ~~~`=~~~ _=- ---~"='~-~-'' Permitted Use Use al Use Use The Table below shows the proposed changes as underlined below: - - __ -- ~~~ - N FF f3_w- ~'~ _ ~ _ -_ : _ ..~.~ - -. __ ~ __ _... r, .. _..., . : ,w, ~~ ~~jP~~~]- - ti7`Y~C~^- ~i= ~ ~ .~ 'i. Lller _ _ __ RtYI _ _ ~~3-l~ ~~~~ s~ ~ ~ ~1.~ ~~,~'-~`f ~ ~ J ~U ~JBQ~~ V71- i11 LY.i .T-~-__ ~r..C kK. - ~= - S.~ /~5 ..~.-- n..- ...k - _ _ ~ . ~ '^. ~v'. ~ ~r~4:~ot~l" ~ -~~=~- Permitted ' -f" ~ Permitted Permitted Permitted Permitted Not Permitted Permitted Not r >~: Permuted Perrrritted ~~~~~__: ,y,~~ rr ==~ ~. °~~~~ Not Conditional Noi Conditional Gonditional Gonditionat Conditional Conditional ~ l~~~t~al.~~ e, S ~ r fi -~ Perrnitted :_~ . . , .,.;>;._ -- ~ r. Permitted Use Permitted Use Usa Usa Use Usg = v:~rrz~:~=~::: :~= ~ _ . tne_ Not '~~ CQUpW t~s Condiflonal Not Canctlttanal Conditional Conditional Conditional Conditional. - , Permitted _ - ~ ~yp~°~=~ ~ Psrmltted Use Permitted Use Use Use Use Use The following additional changes are proposed to the R-'ls {Single Family Residential), PRD (Planned Residential Development), and PC (Planned Commercial} Zoning Districts and Section 4,6.9 "off-Street Parking Regulations". Section A~.A~.3 Single Family Residential {R-1~ Districts: (D} Conditivnal Uses and Structures Allowed: The following uses are allowed as . conditional uses within the Single Family Districts. {~ } Child care and adult day care. (2} Churches, or places of worship, and their attendant educational, nursery, Sunday school, recreational, and columbarium facilities. The foregoing does not allow establishment of educational and care uses such as elementary school and general day care; however, such uses may be established by a separate conditional use application far child care nr rezoning to C. F., as appropriate. {3) Private educational facilities subject to the restrictions set forkh in Section 4.3.3{HHH} Planning and Zoning Board StafF Report, iVovember 'l6, 20Q9 Amendment to LDRs Group Homes and Community Residential Homes Page 4 (4) The use of common recreational facilities such as swimming pools and tennis courts, associated with a subdivision, for club or commercial purposes. (5) Single family detached residences in zero lot developments but only in the R-1-A and R-1-AA Districts. Section 4.4.7 Planned Residential Develo meat PRD 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 School District of Palm Beach County, pursuant to the regulations set forth in Section 4.3.3 (HH) (5) Assisted Living Facilities. (6) Group Horne Tv e 1, pursuant #o res#ric#ions se# forth in_ Section 4.3.3(11. 5ectlon 4,4.12 Planned Commercial (PC) District: (B) Princi al Uses and Structures Permitted: The fiollowing types of use are allowed . within the PC District as a permitted use, except within the Four Corners Overlay District which shall be pursuant to Section 4.4.9(G)(3}(a): (1} Ail 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 4.8.9 Off-Street Parking Regulations Subsection (Cj Number of Parkin S aces Re wired (7) Other Uses: (a) Abused Spouse Residence: ©ne space per sleeping room plus one space for each shift employee. . {b) L~~, Residential Licensed Service Provider Facilities, and Nursing Homes; Shall provide one space for each four beds. {c} Continuing Gare: Facilities shall provide 1.5 spaces per unit. i Planning and Zoning Board Staff Report, 1Vovember 1B, 2009 Amendment to L©Rs Group Homes and Community Residential Homes '4 Page 5 (d) Bed and Breakfast lens: Shall provide one per guest room and one for the managerlowner. (e} Hotels and Motels: Shall provide 0.7 of a space for each guest roam plus 10 spaces per 1,000 sq.ft. of flnnr area devoted to ballrooms, meeting rooms, restaurants, lounges, and shops. (f) Broadcast Facilities and Communication Facilities: Shall provide 411,400 scl.ft. of gross flooe 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 Gare: Shall provide 11300 sq.ft. of gross floor area. (i) Courts, Courthouses and Related Facilities: Shall provide 11'150 sq.ft.(net} of courtroom space plus 11250 sq.ft. (grass} of non-courtroom area, excluding walls, elevators, stairwells, and mechanical equipment areas. (j) Funeral Homes: Shall provide 41'1,400 sq.ft. of gross floor area plus 0.3/each seat in the chapel, if any. (k) Marinas: Shall prQVide 5!1,000 sq.ft. of gross floor area of any building devoted to marina use plus 1lslip. {1) Community Residential Homes and Group Homes: Group Homes. Tvne 1 shall rovide two s aces er dwellin unit. Communit Residential Homes and Grou Homes T e 2 shall rovide ones ace for each four beds. l_DR Section 2.4,5(M)f5) (Findingsj; Pursuant to 1_DR Section 2.4.5(M)(5) {Findings), in addition to l_DR Section 1.7.6(A), the City Commission must make a finding that the text amendment is consistent with and furthers the Goals, Objectives and Policies of the Comprehensive Plan. Comprehensive Plan Policies; The goals, objectives and policies of the Comprehensive Plan were reviewed and the following applicable objective and policy were noted: Housing Element Objective B-2 states, "Redevelopment and the development of new land shall result in the provision of a variety of housing types and other amenities (i.e. bike traits, 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 shall be a Planning and Zoning Board Stai# Report, Navernber 16, 2QpS Amendmenk to LDRs Group Homes and Community Residers#ia! Homes Page 6 permitted or 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 1 be made that the amendment is consistent with and furthers the Goals, Objectives, and Policies of the Comprehensive Plan. The Pineappfe Grove Main Street committee reviewed the amendment at their November 4, 2009 meeting and recommended approval. The Downtown Develr~prnentAuthority(DQA) reviewed the amendment at their November 9, 2009 meeting and recommended approval. The West Atlantic Redevelopment Coalition {WARC) reviewed the amendment at (heir November 11, 2009 meeting and recommended approval. The Community Redevelopment Agency {CRA) reviewed the amendment at their November 12, 2009 meeting and recommended approval. Gourtesy Ilfotices: Courtesy notices were provided to the following homeowner and civic associations: ^ Neighborhood Advisory Council Letters of objection and support, if any, will be provided at the Planning and Zoning Board meeting. Pursuant to LDR Section 2.4.5(M}(5}, approval of an LDR amendment must be based upon a finding that the amendment is consistent with and furthers the Goals, Objectives, and Policies of the Comprehensive Plan. As noted previously, this amendment is being initiated more for "consistency" and "housekeeping" purposes although it will 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 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 2.4.5(M)(5}. Attachments: Proposed Ordinance MEMQRANDUM TO: Mayor and City Commissioners FROM: CAND1 JEFFERSON, SENIOR PLANNER PAUL DORLING, AICP, DIRECTOR PLANNING AND ZONING THROUGH: CITY MANAGER DATE: December 18, 2009 SUBJECT: AGENDA ITEM 12.A. -REGULAR COMMI58ION MEETING OF ANUARY 5 2010 ORDINANCE N0.03-10 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. BACKGROUND 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 far 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 far Bordman Progerry at their December 21, 2009 and recommended approval to the City Corntnission 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. ORDINANCE NO. 03-IO AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACIlVG LAND 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 EFFECTNE DATE. WHEREAS, the property hereinafter described is shown on the Zoning District Map of the City of Delray Beach, Florida, dated October 2009, as being zoned Cor~axzaunity 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 Planning Agency, considered this item at a public hearing and voted 6 to 0 to recommend that the property hereinafter described be rezoned, based upon positive findings; and WHEREAS, pursuant to Florida Statutes 163.3174{~lj{c), the Planning and Zoning Board, sitting as the Local Planning Agency, has determined that the changes are consistent with and further the objectives and policies of the Comprehensive Plan; and WHEREAS, the City Commission of the City of Delray Beach adopts the findings in the Planning and Zoning Staff Report; and WHEREAS, the City Commission of the City of Delray Beach finds the ordinance is consistent with the Comprehensive Plan; and WHEREAS, it is appropriate that the Zoning District Map of the City of Delray Beach, Florida, be amended to reflect the revised zoning classification. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the recitations set forth above are incorporated herein. Section 2. That the Zoning District Map of the City of Delray Beach, Florida, be, and the same is hereby amended to reflect a zoning classification of Medium Density Residential {RM) District for the following described property: Lots 2 and 3 and the North 35 feet of Lot 4, Block 1, Gulfstream 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, amend the Zoning Map of the City of Delray Beach, Florida, to conform with the provisions of Section 2 hereof. Section 4. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 5. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 5. That this ordinance shall become effective immediately upon passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the day of , 200_. ATTEST City Clerk First Reading Second Reading MAYOR 2 ORD NO. 43-14 GULF STREAM BOULEI/ARD SEACREST BLVD. ~ ~ Q ~ CON T1NUlNG w Q PRESBYTERIAN ~j Q ~ CNURCH ~c GULF STREAM DRIV w CHRISTIAN ~ ~, ~ SCNOOL ~ W °' O m Q w c~ 0 SE CRE T ANE 0 ~-- w ENNI S Q ~ OUR TS U Q AQUACREST w cn POOL O~~S~ O~- NO ~A S~ ~ `~~ Q N A CF C FOOTBALL FIELD N.E. 22ND LANE R- A N.~ C] p ~ ~ D_ ~ D' F ~ Z_ 0. U Z_ C!_ CJ Q N.E. 22ND ~ '~` STR. -- A!GlTAI. &ASE MAP SYSTEM -- MAP REF: S:\Planning k Zoning\DBMS\File-Cad\Z-LM 1401-1504\LM1156_Bordman Property t `, ~ '~ N SUSJECT PROPERTY . r"~, ~ BORDMAN PROPERTY 1,.~; .,1 ~~~ ~^^- 12-43-48-04=09-001-0020 ~'--` PLANNING AND ZONING 0 ZONING MAP DEPARTFAENT ~~~~; ... m ~¢ ~ m ~ c~ n ~ Z ° ? m~~ moms ~ aL~ Z 3i .~~~~~i nu.~~ 0~5 . ~ ~ ~r -. six ~ • °'? - ¢ u II ~l ~ m m E _ ~ ~m w m m 0.'3 WWW '°s t^~-{cr~ _ CT...i __. '}: E 2£ Z Q 4 a o~~~='S E_ ~ ~ ~. [~ n SIC ~~7~ j u $ r`ms z1 °~ o ill3'10 ~ a m I~(7~~ GL~ N OJW o946 z q' I~urc 45 ~ 4~ Cad ~ W ~ ~ - I T {(,T~y a0 41 C ~ 'll oS f1V ~ 3f11~ { €... n ~ o ~ ~ U II ~ II a g ~ Q NIA ~ A a E •ll 11 ~ g II °e ~ ~ ,In,~ ~ d ~ _~~ ~vxlanaam 3 i ~ I a hZ ~ °_~ s 3i u ~ a a a ~ ~ ~ I~ ~ L.. ~ - __ w t,` l_i _ ~ ~' a e n ~ v ~-a~a~~~~~ m '~ z° ~ a m [~ 0. 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X02 '!~~ ~9b7rv~2}u m~ ~~O$ }d "IO ~~ o ~ Q.Sa~.c 5 @ a r ~ a m N4i 2¢ ~W % myy ~D II n II rs n Isa n II ~I / ~ mm ~x~ `2ap uxl >31~ue~ zx uluiCia[Sm n~ui~ ^~ ~m~= E' 4~k I~Z ~~y WCZ ao~ ¢~C?U~O~I~~~ ~ Finaa~ m c40 rOC 2m4~ W~a LLD OU an: n: n: G/~~a .,.. Elt fq Z a ~ ~~ I - -~~ ~-- ~ 1 ras rah - ~ x•151 ~ a ~ 2 x P ~ ~ ~~~ ~a~ 1 N b ~ v R~ s,. ~ ~~_ ~ ~ ~~ ~ ~ ~ ~ ~ ~~ a ~ ~ ~ ~_ s ~s -~ . _,_ ~~ ~ ~,o° - ~ ~ ~~ ~ ~ ~N~~t No- ~ ~iWl~ Lea ~ ~ ~ ~~ ~~~~ 1TEM 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 Lot 2, Lot 3 and the north 35 feet of Lot 4, Block 1 of Gulfstream Estates according to Plat Book 12, Page 28, recorded in the public records Palm Beach County, Florida. This vacant land was originally intended far 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. REQUlREl7 FiND1MG5 REQUIRED FINDINGS: LDR Cha ter 3 PERFORMANCE STANDARDS: Pursuant to Section 3.1.1 (Required Findings], prior to approval of Land Use applications, certain findings mus# be made in a farm which is part of the official retard. 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 Plan Consistency, and Compliance with the Land Development Regulations. FUTURE LAND USE MAP: The resulting use of land ar 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 shaft be provided pursuant #o levels of service established within the Comprehensive Plan. Water and Sewer: Water is available via an $" 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 line 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 seniice 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 0.387'4 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 tans). 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 Objective A-1: Property shall be developed or redeveloped in a manner so that the future use and intensity is approprjafe in ferms of soil, Topographic and ofher applicable physical considerations; is complimentary to adjacent land uses; and fulbils 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. Housing Element Policy A-1.2.3: In evaluating proposals for new development or redevelopment, the Cify shall consider the effect that Elie proposal will have on the stability of nearby neighborhoods. Fac#ors such as noise, odors, dust, traffic volumes and circulation pafferns shall be reviewed in terms of (heir potential to negatively impact P & Z Board Staff Report -December 21, 2009 Bordman Property -Rezoning from CF (Community Facility} to RM (Multiple Family Residential} Page 3 the safety, habitability and stabilify 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 comply with the provisions and requirements of the Land 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 future 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 ANAL.YS[S 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 sand 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 Designation: North: CF (Community Facility) Soufh: RM {Multiple Family Residential} East: R-1-AA (Single Family Residential) West: CF (Community Facility) ~15e: 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) Paae 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(D)(5) (Rezoning Findings): Pursuant to Section 2.4.5(D}(5}, in addition to the provisions of Section 3.1.1, the City Commission must make a finding that the rezoning fulfills one of the reasons far which the rezoning change is being sought. These reasons include the following: a. That the zoning had previously been changed, or was originally established, in error, b. That there has been a change in circumstances which make the current zoning inappropriate; c. That the requested zoning is of similar intensity as allowed under the Future Land Use Map and that it is more a ra riate 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 for 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. R)~VIEW BY ©THERS CommunifV Redevelopment Araency (CRA): The CRA recommended approval of the proposed rezoning from CF to RM at their meeting of December 10, 2009. Public Notice: 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, 20Q9 Bordman Property -Rezoning from CF (Community Facility} to RM (Multiple Family Residential) Page 5 ASSESSMENT AI~[D 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 far 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 far 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. Given the change in ownership, the requested RM zoning is deemed more appropriate for 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 supportable. RECQMMENDED ACTIONS 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 iaw contained in the staff report, and finding that the request is consistent with the Comprehensive Plan and meets the criteria set forth in Sections 2.4.5(D}(5), 3.1.1 and 3.2.2 of the Land Development Regulations. C. Move a recommendation of denial to the City Commission far 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. STAI*F RECOMMENDATION 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 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 MEMORANDUM TO: Mayor and City Commissioners FROM: CANDI JEFFERSON, SENIOR PLANNER PAUL DORLING, AICP, DIRECTOR PLANNING AND ZONING THROUGH: CITY MANAGER DATE: December 18, 2009 SUBJECT: AGENDA ITEM 12.B. -REGULAR COMMISSION MEETING OF .IANUARY 5, 2010 ORDINANCE N0.04-10 ITEM BEFORE COMMISSION The item before the City Commission is modification of the Blood's Grove SAD (Special Activities District) Ordinance No. 46-07, in conjunction with a change to add an additional 1,08$ 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 Germantown Road {4600 Linton Boulevard). BACKGROUND On September 17, 2007, the City Commission approved a SAD modification request for Blood's Grove which included a new mixed-use development known as Midtown Delray containing 116 townhouse units and 29,571 square feet of medical offices. A 29,780 sq. ft. medical building is under construction on the site. A SAD modification request to amend Midtown Delray Ordinance 46-07 has been made to add an additional 1,088 sq. ft. to the existing 29,780 sq. ft. medical office building. The 1,088 square foot expansion from 29,780 sq. ft. to 30,868 sq. ft. will accommodate a mechanical room with med-gas equipment needed to run an ambulatory service center, and includes the addition of a stand alone 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 (1,0$$11004 x 5 = 5.~4). These additional spaces in conjunction with the elimination of five existing spaces creates a parking deficiency of ten (10) spaces. Thus, the applicant is requesting a ten (14) space parking reduction pursuant to LDR Section 4.6.9(F)(1). Approval of the parking redaction must be considered by the body which acts on the attendant site plan. In such case, the proposed parking reduction will be considered by the Site Plan Review and Appearance Board (SPRAB) at its meeting of January 13, 2010 (prior to second reading of the enacting ordinance). REVIEW BY OTHERS The Planning and Zoning Board considered the request at their December 21, 2009 and recommended approval to the City Commission on a 6-0 vote. RECOMMENDATION Move approval of the modification to Blood`s Grove SAD Ordinance 46-07 for the subject property, by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan and does meet the criteria set forth in LDR Sections 2.4.5{D)(5), 3.1.1 and the Land Development Regulations. ORDINANCE NO. 04-10 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY Op' DELRAY BEACH, FLORIDA, AMENDING ORDINANCE NO. 46-07 WHICH ESTABLISHED THE SPECIAL ACTIVITES (SAD} ZONING DISTRICT FOR MIDTOWN DELRAY, BY AMENDING SAID ORDINANCE 46-07 TO ALLOW FOR AN INCREASE IN THE FLOOR AREA FOR MEDICAL OFFICE BUII,DING; AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES, BY AMENDING SECTION 4.4.25(G}, "S.A.D.s," SUBSECTION (9) MIDTOWN DELRAY TD REFERENCE ORDINANCE 04-10; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, pursuant to LDR Section 2.2.2(E){6), the Planning and Zoning Board far the City of Delray Beach, as local planning agency held a public hearing and considered the proposed amendment at its meeting of December 21, 2009 and voted 6 to 0, to recommend that the request be approved, based upon positive findings; and WHEREAS, pursuant to Florida Statute 163.3174(4)(c}, the Planning and Zoning Board, sitting as the Local Planning Agency, has determined that the changes are consistent with the Comprehensive Plan; and WHEREAS, the City Commission of the City of Delray Beach adopts the findings in the Planning and Zoning Staff Report; and WHEREAS, the City Commission of the City of Delray Beach finds the ordinance is consistent with the Comprehensive Plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the recitations set forth above are incorporated herein. Section 2. That Section 5 of Ordinance 46-07 be, and the same is hereby amended to read as follows: That pursuant to Section 4.4.25 "Special Activities District {SAD)" "Allowed Uses and Structures," approval far the Midtown Delray property, is hereby granted far a mixed use development including a ~-1- 30,868 sq. ft. medical office building, 84 market rate residential townhomes and 32 workforce residential tawnharnes. Section 3. That Section 6 of Ordinance 46-07 be, and the same is hereby amended to read as follows: ORD. NO. 04-10 That the development of the property described in Section 4 of Ordinance 46-07, shall be in accordance with the site and development plans known as Midtown Delray as oxiginallX approved by the Site Plan Review and Appearance Board or City Commission and except as modified by the Midtown Medical Building; site Man approved by the Site Plan Review and Appearance Board on January 13,..2010. Section 4. That Section 10 of Ordinance 46-07 be, and the same is hereby amended to read as follows: That Section 4.4.25(G), "BADS," of the Land Development Regulations of the City of Delray Beach, Florida, be, and the same is hereby amended as follows: (9} Midtown Delray, Ordinance No. 46-07, modified by Ordinance 04-10. Section S. That al! ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 6 . That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or ward be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 7. That this ordinance shall become effective immediately upon its passage an the second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the day of , 2010. ATTEST MAYO R City Clerk First Readi Second Reading oxD. rro. a4-ro Planning & Zoning Board Staff Report -Meeting of December 21, 2009 Midtown Delray -Modification of SAD Ordinance No. 46-07 Page 9 ITEM B1=FORE THE BOARD The item before the Board is that of making a recommendation to the City Commission on a modification of the Blood's Grove SAD (special Activities District) Ordinance 46-07, in conjunction with a change to add an additional 1,088 sq. ft. to a 29,780 sq. ft. medical office building for a total of 30,868 sq. ft. for the Midtown Medical Building, located at the southwest corner of Linton Boulevard and Old Germantown Road (4800 Linton Boulevard). BACKGROUND ANALYSIS On April 18, 1994, the Planning and Zoning Board considered a Future Land Use Map Amendment (94-1) for 94 acres (Bloods Grove) from County MR-5 to City designations of 40 acres MD (Medium Density), 40 acres LD (Low Density), 10 acres CC (Commercial Core), and 4 acres OS {Open Space). These proposed designations would have allowed a maximum of 680 units. The accompanying development plan proposed 250 apartments and 375 attached single family units (total of 625 units). The Planning and Zoning Board had concerns aver the proposed intensity. The Board recommended the proposal be modified to 64 acres of Low Density, 16 acres of Medium Density, 10 acres of transitional, and 4 acres of Open Space. Under this scenario a maximum unit count of 599 units would have been allowed. The City Commission heard the request on May 17, 9994 and voted not to approve the amendment, citing concerns over the overall density of the proposal. On April 17, 1995, the Planning and Zoning Board considered a Future Land Use Map change for the same 94 acres from the County Land Use Map designation of MR-5 to City designations of approximately 51 acres of Low Density, 29 acres of Medium Density, 4 acres of Open Space, and 10 acres of Transitional. The zoning designations accompanying the FLUM amendment allow a maximum of 488 units and law intensity commercial uses. The FLUM amendment that was part of 95-1 was recommended for approval. On May 2, 1995, the City Commission approved transmittal of the request to DCA. On July 17, 1995, the Planning and Zoning Board considered the related annexation and initial zoning of PRD-5 (Planned Residential Development), RM-8 (Residential Medium Density, 8 dulac), OS (Open Space), and SAD (Special Activities District) for Bloods Hammock Groves. The proposed residential zoning categories {PRD-5 and RM-8) will allow residential development at maximum densities of 5 and 8 units per acre respectively. The open space designation accommodated an existing hammock environment which was to be preserved. On September 19, 1995, the City Commission approved the annexation and initial zoning of PRD-5 (Planned Residential Development), RM-8 (Residential Medium Density, 8 dulac), OS {Open Space}, and SAD (Special Activities District) for Bloods Hammack Groves. Orchard Park has been constructed by the City. The residential portion {Hammock Reserve) included 273 zero lot line single family dwelling units which have been constructed. The SAD portion included a proposal to establish four (4) dwelling units, a citrus packing house and various retail, restaurant, business and office uses. Development of all but the SAD portion (9.861 acres) has occurred. Pursuant to LDR Section 2.4.4(F){2), more than 25% of the development has occurred and the overall plan including the SAD portion is considered vested. On September 17, 2007, the City Commission approved a request for a modification of the Blood's Grove SAD (Special Activities District} Ordinance 51-95, in conjunction with a new mixed-use development known as Midtown Delray containing 116 townhouse units {of which 32 units are subject to the family workforce housing ordinance) and 29,571 square feet of medical offices. The amended ordinance number was 46-07. Planning & Zoning Board Staff Report -Meeting of December 21, 2Q09 Midtown Delray- Modification to SAD Ordinance No. 46-07 Page 2 Now before the Board for action is a request for a modification of the Blood's Grave SAD (Special Activities ^istrict) Ordinance 46-07, in conjunction with a change to add an additional 1,088 sq. ft. to a 29,780 sq. ft. medical office building for a total of 30,868 sq. ft. for the Midtown Medical Building. This additional square footage will house a mechanical room with med-gas equipment needed far the ambulatory service center. REQUIRED F1ND1NG5 REQUIRED FINDINGS CChapter 31: Pursuant to LDR Section 3.1.7 (Required Findings), prior to the approval of development applications, certain findings must be made in a form which is part of the official record. This may be achieved through information on the application, the staff report, or minutes, Findings shall be made by the body, which has the authority to approve or deny the development application. These findings relate to the following four areas. FUTURE LAND USE MAP: The use or structures must be allowed in the zoning district and the zoning district must be consistent with the land use designation. Pursuant to Land Development Regulations Section 3.1.9 (A) (Future Land Use Map), all land uses and resulting structures must be allowed in the zoning district within which the land is situated, and said zoning must be consistent with the land use designation as shown on the Future Land Use Map (PLUM). The subject property has a Future Land Use Map (PLUM} designation of TRN (Transitional} and a zoning designation of SAD (Special Activities District) which are consistent with one another, SAD Zoning is deemed consistent with any land use designation an the Future Land Use Map. The uses al{owed within a specific SAD shall be consistent with the land use category Shawn an the Future Land Use Map. The Transitional (TRN) land use designation allows office use including medical office uses. Therefore, the uses, activities, and characteristics of a SAD are to be consistent with the Comprehensive Plan, suitable and compatible with surrounding existing developments, and with the proposed character of the area. This standard has been met. Pursuant to LDR Section 4.4.25(8)(1), all uses which are to be allowed in a particular SAD shall be established at the time of establishment of the SAD zoning designation through inclusion in the rezoning ordinance. Additional uses may be allowed after review and recommendation by the Planning and Zoning Board and approval by ordinance of the City Commission. The site plan depicts a 29,571 square foot medical office building. Modification of the existing SAD Ordinance to change the 29,571 square foot medical office building to a 30,868 square foot medical office building, is being processed as a rezoning application. The use has not changed and thus is compatible with surrounding existing development and the mixed-use character of the area. The proposed change is consistent with the adjacent development pattern to the south, east, and west of the subject property. Thus, positive findings can be made with respect to FLUM consistency. CONCURRENCY: f=acilities 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. As described in Appendix "A", a positive finding of concurrency can be made as it relates to water and sewer, streets and traffic, drainage, parks and recreation, open space, solid waste, and schools. CONSISTENCY: Compliance with performance standards set forth in Chapter 3 and required findings in LDR Section 2.4.5(D){5) for the Rezoning request shall be the basis upon which a Planning & Zoning Board Staff Repark - Meeking of December 21, 2009 Midkown Delray -Modification to SAD Ordinance Na. 46-07 Page 3 finding of overall consistency is to be made. Other objectives and policies found in the adopted Comprehensive Plan may be used in making a finding of overall consistency. A review of the objectives and policies of the adopted Comprehensive Plan was conducted and the following applicable objective and policy were found: Future Land Use Efemenf Obiective A-9: Property shall be developed or redeveloped in a manner so fhat the future use and intensify is appropriate in Perms of safl, Topographic and other applicable physical considerations, is complimentary to adjacent land uses and fulfills remaining land use needs. By practice and policy, the SAD (Special Activities District) zoning designation is deemed consistent with the underlying land use as shown on the Future Land Use Map (PLUM}. The FLUM designation TRN {Transitions[) appropriately reflects the proposed land use medical office in the northern portion of the site as a transition between uses on Linton Boulevard and the residential component to be located on the southern portion of the property. Along Linton Boulevard, a combination of commercial, residential, and community facility uses exist. The modification of the SAD (Special Activities District) to accommodate the expansion of the medical office component will not negatively impact the existing land uses in 'the area. Transportation Element Policy A-1.3: The Cify endorses fhe continued operations of the Palm Tran Transit Sysfem and ifs operations in Delray Beach, and through policies of this Element related fa the TCEA, will coordinate with Palm Tran to improve the system. Therefore, it is appropriate that a bus shelter easemenfi be provided. A bus shelter along Linton Boulevard has been provided and is depicted on the site plan. Thus, this standard is met. COMPLIANCE WITH THE LAND DEVELOPMENT REGULATIONS: Items identified in the Land Development Regulations shall specifically be addressed by the body taking final action an the site and development applicationlrequest. The original site plan met all LDR requirements except open space for which a waiver was granted. All applicable setbacks continue to be met and this modification only impacts required parking. Required Parking: Pursuant to LDR Section 4.6.9(C)(4)(c}, medical and dental offices, including clinics and mental health treatment facili#ies, shall provide five {5} spaces per 1,000 sq. ft. of gross floor area. The 30,868 square foot medical office building requires 154 (30,86811000 x 5= 154.34) parking spaces with the proposed expansion. The applicant has provided rustication far the reduction in parking (sheet attachments). In summary, the applicant indentifies other requirements including a study by Walker Parking Consultants and the Institute of Transportation Engineer's (ITE) Parking Generation Journal which have slightly lower parking requirements. The applicant suggested that the reduction is justified as the proposal meets these reduced standards. While the applicant has indicated the proposed improvements will not create additional parking demand, the current LDRs require parking to be provided for the additional square footage. This requirement as well as the elimination of five (5} spaces creates a deficiency of ten (10) spaces. The 1,297 sq. ft, expansion is proposed on the southwest portion of the building and will eliminate five {5) parking spaces, reducing the provided parking from 150 to 145. Approval of the parking reduction must be considered by the body which acts an the attendant site plan. In such case, the proposed parking reduction will be considered by the Site Plan Review and Appearance Board (SPRAB) at its meeting of January 13, 2010 (prior to second reading of the enacting ordinance). Planning & Zoning Board Staff Report -Meeting of December 21, 2DD9 Midtown Delray- Modification to SAD Ordinance Na. 46-D7 Page 4 COMPATIBILITY: The requested designation will be compatible with the existing and future land uses of the surrounding area. As demonstrated in the following "Rezoning Analysis" section, the proposed modification to the SAD Ordinance number 46-07 will be compatible with the existing and future land uses of the surrounding area. As part of this proposal, a stand alone generator is to be located in the southeast portion of the parking area. It should be noted that there are concerns with this generator's proximity to the future residential units and potential noise impacts which need to be mitigated. Staff recommends that the generator be enclosed by a CB5 wall, and this will be attached as a condition of approval associated with the related site plan modification application. REZONING ANALYSIS Future Land Use Map Consistency, Concurrency, Comprehensive Plan Consistency and Compliance with the development criteria of the LDR were previously discussed under the "Required Findings" section of this report. Compliance with the Land Development Regulations with respect to "Standards for Rezoning Actions and Rezoning Findings" are discussed below. Section 3.2.2 (Standards for Rezoning Actions): Standards "A", "B", "C", and "E" are not applicable with respect to this rezoning request. An evaluation of the applicable standards is discussed below: Standard "D" requires that the rezoning shall resulf in allowing land uses which are deemed compatible wifh adjacent and nearby land use both exisfing and proposed; or that if an incompatibility may occur, fhaf sufficient regulafr"ons exist to properly mitigate adverse impacts from the new use. The fallowing table identifies the zoning designations and uses that are adjacent to the subject property: Ad"acent Zonin Ad"acent Land Uses: North RL {Multiple Family Residentia[ -Low Shady Woods Density) West RM-8 (Multiple Family Residential - $ Hammock Reserve units per acre) East CF (Gommunity Facilities) and OSR Fire Station and Orchard View Park (Open Space Reserve) South SAD S ecial Activities District Midtown Delra Residential Com onent The adjacent properties include Hammock Reserve to the west, a fire station and Orchard View Park to the east, Midtown Delray to the south and Shady Woods low density multiple family development to the north. The expansion of the Midtown Delray medical offices is not incompatible with adjacent land uses" The development proposal will not hinder development or redevelopment of nearby properties" The existing adjacent land uses will not be negatively impacted by the proposed development. LDR SECTION 2.4.5{D)f5) - RE~ONlNG FINDINGS: Pursuant to LDR Section 2.4.5(D)[5], in addition to provisions of Chapter 3, the City Commission must make findings that the rezoning fulfills at least one of the reasons listed under Subsection (2]: Planning & Zoning Board Staff Repor# -Meeting of December 21, 2oas Midtown Defray- Modification to SAD Ordinance No. 46-07 Page 5 {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; or (c) That the requested zoning is of similar intensity as allowed under the Future Land Use Map and that it is more appropriate for the property based upon circumstances particular to the site andlor neighborhood. The basis for which the rezoning should be granted, relates to the third bullet paint above, indicating that the parcel located at 4fi00 Linton Boulevard is of similar intensity as allowed under the FLUM and is more appropriate for the property based upon current circumstances specific to this site. It is further noted, this is a minor change which would not normally involve a consideration of rezoning findings. The requested change to the SAD (Special Activities District} zoning ordinance number 46- 07 is to increase the medical office building square footage by adding an additional 1,088 sq. ft. to an existing 29,780 sq. ft. medical office building for a total of 30,$fi8 sq. ft. for the Midtown Medical Building. This modification is proposed to address the need by a proposed ambulatory service center to include a mechanical room with med-gas equipment. The improvements also include the addition of a generator required to keep the equipment up and running during a power outage. REVIEW BY OTHERS The development proposal is not within a geographical area requiring review by the DDA (Downtown Development Authority) or CRA (Community Redevelopment Agency). Courtesy Notices: A special courtesy notice was provided to the following homeowners andlor civic organizations: • Abbey Delray South • Shady Woods • Spanish Wells Rabbit Hollow • Verona Woods ~ Andover • CrDSSWindS Letters of objection or support, if any, will be presented at the Site Plan Review and Appearance Board (SPRAB) mee#ing. Public Nafices. 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. ASSES511111=NT AND C4NCLIJSION The development proposal includes the expansion of the medical office building associated with the mixed-use Midtown Delray development to accommodate a proposed ambulatory surgery center. The change to add an additional 1,088 sq. ft. to an existing 29,780 sq. ft. medical office building for a Planning & Zoning Board Staff Report -Meeting of ©ecember 21, 2009 Midtown Delray -Modification to SAD Ordinance No. 46-07 Page 6 total of 30,868 sq. ft., will include a mechanical room with med-gas equipment needed to run the ambulatory service center, as well as a remote generator required to keep the equipment up and running during a power outage. The proposal will require the elimination five (5) parking spaces in the covered parking area adjacent to the Medical Office Building to create a 1,088 sq. ft. mechanical room. The construction of a mechanical room will create the need for an additional five (5) parking spaces (1,08811000 x 5 ~ 5.44) for an overall deficiency ofi ten (10) parking spaces. Thus, the applicant is requesting a ten (10} space parking reduction pursuant to LDR Section 4.6.9(F)(1). Positive findings can be made with respect to LDR Section 3.1.1 (Required Findings), LDR Section 3.2.2 (Standards for Rezoning Acfions) and LDR Section 2.4.5(D)(5)(Rezoning Findings) and the Goals, Objectives, and Policies of the Comprehensive Plan, upon addressing the recommended conditions of site plan approval. Therefore, rezoning the subject property to modify the existing SAD Ordinance 46-07 zoning is recommended for approval, based on the findings outlined herein. RECONII111ENDED ACTIONS `` A. Move a recommendation of approval to the City Commission far the SAD rezoning amending Blood's Grove Ordinance 46-07 far the subject property, by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consisfent with the Comprehensive Plan and does meet the criteria set forth in LDR Sections 2.4.5{D)(5), 3.1.1 and the Land Development Regulations. B. Move a recommendation of denial to the City Commission for the SAD rezoning amending Blood's Grove Ordinance 46-07 for 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 Pion and does not meet the criteria set forth in LDR Sections 2.4.5(D)(5), 3.1.1 and the Land Development Regulations. C. Move to postpone and continue the SAD rezoning amending Blood's Grove Ordinance 46-07 far the subject property for the subject property with direction. STAFF RECOMMENDATIONS Parking Reduction Staff recommends that the Planning and Zoning Board moves to recommend approval to the City Commission far the request for relief from LDR Section 4.6.9(F)(1) which allows a reduction in the required parking for the Midtown Medical Building, by adopting the findings ofi fact and iaw contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan and does meet the criteria set forth in LDR Sections 2.4.5(F}{5} and 3.1.1 of the Land Development Regulations. Rezoning Staff recommends that the Planning and Zoning Board moves to recommend approval to the City Commission for the SAD rezoning amending Blood's Grove Ordinance 46-07 for the subject property, by adopting the findings of fact and law contained in the staff report, and fiinding that the request and approval thereof is consisfent with the Comprehensive Plan and does meet the criteria set forth in LDR Sections 2.4.5(D)(5}, 3.1.1 and the Land Development Regulations. Attachments: Location Map, Zoning District Map, Project Plans and Parking Reduction Justification Planning & Zoning Board Staff Repart -Meeting afi December 21, 2009 Midtown Defray -Modification of SAD Ordinance fdo. 46-07 Page 7 APPENDIX_ "A" - CONCURRENCY.FINDINGS Pursuant to LDR Section 3.1.1(B), concurrency, as defined pursuant to Objective B-2 of the Land Use Element of the Comprehensive Plan, must be met and a determination made that the public facility needs of the requested land use andlor development application wi[I not exceed the ability of the City to fund and provide, or to require the provision of, needed capital improvements far the following areas: Water and Sewer: The site is already served by water and sewer service. Municipal water service is available via connection of an 8" water main which traverses the site from south to north and is connected to a 12 inch water main located along Park Access Road (Old Germantown Road). Fire protection is to be provided by various fire hydrants strategically located at 400 feet spacing throughout the development. The Comprehensive Plan states that adequate water and sewer treatment capacity exists to meet the adopted LOS at the City's build-out population based on the current FLUM. Thus, a positive finding with respect to this level of service standard can be made. Sewer service is available to the site via an existing 8" sewer main which traverses the site from south to north and is connected to an existing 8" sewer main located along Orchard Lane. Pursuant to the Comprehensive Plan, treatment capacity is available at the South Central County Waste Water Treatment Plant for the City at build-out. Streets and Traffic: The subject property is located at northeast corner of Linton Boulevard and Old Germantown Road, approximately 1,950' east of Military Trail {4600 Linton Boulevard). The traffic study for the original development proposal has been transmitted to the Palm Beach County Traffic Division for review. According to the original traffic study, the overall mixed-use development would generate 127 A.M. and 163 P.M. peals hour trips, with 1,813 Average Daily Trip (ADT). A letter from the Palm Beach County Traffic Division stating that the proposa[ complies with the Palm Beach County Traffic Performance Standards Ordinance has been received. It is not anticipated that the proposed additional 1,297 square foot for the mechanical room and generator will negatively affect traffic concurrency. Based upon that, a positive finding with respect to traffic concurrency can be made. Parks and Open Space: The proposed changes to the medical offices will not have any impact with respect to level of service standards for parks and recreation facilities. Solid Waste: The medical office component of the proposed development will generate 68.01 tons of solid waste per year (29,571 sq. ft. x 4.6 tons = 136,026.612000 = 68.01 tons). The proposed medical office expansion will generate 70.99 tons of solid waste per year {30,868 sq. ft. x 4.6 tons = 141,992.$12000 = 70.99 tons). This is an overall increase of 2.98 (70.99 - 68.01 = 2.98) tons of waste per year. The solid waste that will be generated can be accommodated by existing facilities and thus, will not have a significant impact on this level of service standard. The Solid Waste Authority has indicated that its facilities have sufficient capacity to handle all development proposals till the year 2065. Planning & Zoning Board StafF Report -Meeting of September 17, 2007 Midtown Delray -SAD Ordinance Page 8 ©rainage: Drainage will be accommodated an site via an on-site retention lake. There should be no impact on drainage as it relates to this level of service standard. There appears to be no problems anticipated in accommodating on-site drainage; however, the Engineering Department does have technical comments regarding drainage that will need to be addressed before issuance of a building permit. Based upon the above, positive findings with respect to this level of service standard can be made. 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A ' si .. ia. rt d~1 ~f' ec w ' ~.r°~ ~ '19d6 '(r~AYa 3mE 4k 3`sd .S.adS;t £IL'-M!2 ~Y3 Jd`x'B .y 7, Yd FLtli .3N 3'1 {Ti fF.^., 5 fl ~--.: ice" ~: i ~::~f :~ € ' ~ i j .,h F 11 i i I i {. i ~ i ~ ~ ; I z '~ - _ _ , .., k ,, ~~ ,~~~ A~' ti' 3 ~ ~ ~ ~.~ f ~.l 1 ~ 1 ~ LL~ t { t 1 1 ~T I f { i ~ I ~._. r ~ I :' ~ -. c~ - ~ y j j ~ ~: - ~ ~~~ 1 '' ~ { ~, ... ~ ~`~ ~ ~ ~. ~ ~ - rz 13 fI i= I ~ ~ I I ,: I1 ~ 1 '1 ~ I I; I ;~ II 'i I I~ ~ i j i ; d ~ ~ _5' ~'- 11 1.. 1 I ~ + C ~ '4 f E [ .~ ~ V d' f i i f I _ µ _,., .i { i ~~ ~_ ~, ~~- ~I 1 Iltl`R Am{e~~~r~rta! ~nglnea~ & ~ertlfired tlr'ban PlanneF Date: November 5, 2009 Te: Mr. Paul t7orling, A1CP t7ireclar of Planning and honing 144 N.~.1st Avenue Delray Beach, FL 33444 Fie: Midtown ~#edical ~~fice i~aricing Reductiarr Justification Delray Beach, Florida Dear Mr. C]orling; A parking reduction j~ratiftcaticn analysis has been performed far the Mkdtawn Medical Office project to determine whether the proposed site plan, as amended, provides adequate parking for a speafic use. The praposed site pian modit'ication converts five parking spaces into medical office space to accommodate mechanical equipment Shat is necessary and required to support the proposed [use, which will include an arnbulat©ry surgery center. The site is iacated at 4680 Linton Boulevard kn the Gib of defray Beach, Florida. The parcel central number {PCN) for the property is: 1~-42.48-25-20-006-00001 The total building area for the medical office is propased ie lie 3t?,868 square feet (sf}. 7iie fallawing parlcing analysis was perfarmed in accordance with Section 4.6,90(1} of the Guy's adopted Land Development Regukations {LDR}, Parking ~uppky and Remand The proposed site plan provides for a total of 145 parking spaces. This Includes 96 standard spaces ~g f# x 10 fi}, 43 compac# spaces {8 ft x 16 ft) and 6 handicap spaces. An illustration of the prapased parking area is pravtded on the site plan, which is attached in Exhibit "A." Pursuant to the City's' LDS, 5ecticn 4.6.9(C}(4)~c), medicak aff[ce uses shalt provide 5 parking spaces per 1,000 gross square feat {gsf} of building. Thus, the total code required parking spaces for the site is 156 spaces, as summarized in Table 1. ~'abie 1: bode Required Parklnq ar~d Available Parking - - -Building C[ of Deis LL]R Tatai Land tJae Area patio Required Spaces f9gl~ a aces f~rovicicci~ Medical office 30,868 5A per 1,D04 gsf 1 ~5 145 As a result, a parking redueiian for 1i) spaces {only 8.5 percent of the total code required spaces) is being requested, pursuant to Seatkon 4,6,9(F)(1) of the City's LQI~I This letter viii conclusively demnnsirate the 145 parking space$ being provided on the site plan will adequately accommodate the parkiing needs of the proposed medical office facility and related uses, 3626 Whi#ehal! Drivel vVest Palm B~aah, FL. ~3A01 ~ (Pj 9~1,73~.686~ ] eta) tykuscotncast.net Parking Reduc#ian ,lustiftca#ien An evaluation of several key fac#ors related to the site`s potential parktrtg demand was periarmsd to determine whether the proposed site plan provides an adequa#e supply of parking. This included a review of the City's base parking ratios, the operational characteristics for This speoific use, and a comparison of the parking demand using oth®r professianaily accepted sources. City Parrcrtmg Ratio, The City's base parking ra°~o Is a general ratio that allows far a wide range of meclfcal uses, such as dental offices and is based an gross floor area rather than the number of physicians, employees, or pa#ientslvlsitar~. While providing general parking ratios which ors based an gross floor areas typically provides for greater flexibility in the applicatiorm of the ratio, it can also lead to a higher than necessary parking supply. For example, a traditional medical office tends to require more building area per customer far privacy purposes iii.e,, individual roams} than a dental office wimere mare pollen#s can be served in smaller spaces, As a resat#, the parking demand associated with traditional medical offices is cance?ptually laver khan der,lal offices of the same size. Gparatlonai Cl~arar~eristlcs, The proposed Midtown (~ledtcai i7ffice facility will include an ambulatory surgery center, Urhich among other things, has a lower parking demand than tradttioimal rmedlca! offices due to its aperatianal characteristics that encourage higher vehicle occupancy rate. A letter prepared tmy L3 i-iealthcare I~eslgn Inc. whip specializes in the design of medical facilities is attached as Exhibit "8" for reference, The letter further dascrlf~es time operational characteristics and the reduced parking demand for #his type of facility, Parking demand Corrtaarisvn Far camparfson purposes, an evai€~atlon of the parking demand for the proposed project was performed using parking ratios from the City's LDR, the institute of Traimspartal'lan Engineer`s (ITE} Parking Germeratinn, 3Fd ~di'~on, and a study performed by Talker Barking Gonsuikants that specifically evaluates the requirements far medical office buildings, ~~rhich was published in the August 2007 1`~E Journal. Copies of the relevant sections from the ITE Parking Genar"afiort and fTl_' Journal are attached as ~xhibi# "C" and Exhibit "~" respectively, The ITf<'s base ratio for medical office faciii#ies is based on data collected at t 6 sample sites throughout ti7$ country and represents the 85th percentile peak parking demand, which is consistent with professional parlcir~g standards. The medical office parking ratio developed in the -~aiker Parking Study is based an 50 sites leveled throughou# the country, including 1=lorlda and also represents the $5ti~ percentile peak parking demand. The purpose of the Walker Parking Study was to further document the parking needs at medical office faaiiities to aaaQmmvdate the increasing need far medical office facilities. The study was performed using professional accepted data collection proced~rres consistent with those published by ITE and the Urban Land institute. Table 2 on the following page provides a summary of the total required parking spaces basso are each source, Midtown M~dicul t?ffi~e Parking 1~eduoti4r~ .~u~tifl~-d~bra Pa~~ 2 Tab1~ 2: Medical Of#lce p'arkfnr~ l~emar-d C~ma~rlson Building Citynf iaalray L1~R__ ITE _ ~ - f=arlrin ~~n~ratien -- YV~ttter Pa3king ;~trfd 'rota[ ~ Land U58 ~~~~ , Ratio Required Rath Required Ratio Required a~~ P>tavfded l ~ 88es S G89 S e85 ~fedi~al Dice 3Q,868 5,U per 1,000 gsf ta5 9.3 per 1,AOi] gsf 1~~ 4.5 por 9,Q00 gsf 139 X45 ~. Clly ~f Qa7ay 8earrl: Lana C7evelrpm~nf I~egnlations, S~tlan 4,6,9{G~i~~{c} ~, Psr~fr,~ Gerrerafion, Ord Eaikian, InsUf~le of Transp~rtali~n €ngir-~~rs {260t'. } 3, Far#Jr,~ R¢quir~m~nls for Afierfl~! Offlna 8ttlldfigs, I~'E Journ~J {2tf{J7} As-shown In Table 2: the propQSed site plan will provide adequate parking based ^n the ratios developed by ITE and in the ~IVallter Parking Study. These ratios reflect the $5th percentile parking demand and are consistent with professional accepted standards, besigning the parking faculty to include a total of 145 parking spaces wlu suffllelentiy meet the peak hour parking demand for this site, It will also provide an adequate buffer {4 to ~ percent of the total supply needed) to accommodate potential variations in parking demand, including seasonal population changes. Concluslot~ The proposed site plan modification converts flue parking spaces iota medical office space to accommodate mechanical equipment which is necessary and required to suppert the proposed use. The additional bonding space attributed to the mechanical equipment is oat expected to generate addilional parking demand, to accordance with Section 4.6,9~F}(1) of the City's LaR, this parking reduction justii`ieation analysis conclusively demonstrates the 145 parking spas being provided on the site plan will provide adequate parking based on the operational characteristics of the propas~d use, ratios published by ITE, and ratios derived in the Walker Parking Study. if you have any questions, please do not hesitate to call me at 951.736.685$, Sincerely, ~~ ~fJ~y fi ~~`~~Ytr L~! Tli~k~, Holloway, ~.; ~I~iP Transport;~tion E:Igi>ase~' ~L `~'~9 Na, 5573 ,~ ~ ~~~ ~~ Midtown M@t~ICu4 ©ffl~e l~afkiRg I~@'dLlcki4n JL15t11'ICatIOr3 Page 3 ~~$~~~1t11~1~'~~ Fxhlbit ir~ir , $~t~ Plan Pxhibit "~~~ -Letter ~escrihing ~p~rati4nal ~liar~cteristics ~xhlbit "G" - IT>€ Parking Genera~on ~xh~bit "la" - Walker Parking ~#udy ~XI~~I3~ L `~~u ;,_ ~`~Y ~~ ~-~~ ~~.•~ ~~~~~E~. ~ i ~;I ~._~ `~~C~ ~~ ~~ E ~~ ~.. _~ I ' r --~F~~lr _~~3laf~-'.I ti --- • i I ~~ ~ tiaxulmnu and. ' ~r - Sy~~i~A~ 4 ` f ~ - i t ~ ~" _ ~ ? 4 ~ •~ I ~~ t 1 ~~~~ _ , ~. ~;~T! r ~•4;[ ------~ ' ~ = - r ~ ~ ~ . . ! ~,~ ~r ?1 ff~9i• I~ ~ r pt~' , ~ ' ~ j,' ~ ~ ; r // /r1i .'T- /F jf , y 7 f ~ } i, . / ~ ~ ~ s jJ~ / r ~~~ _ - I ,~ ~ ~- ~' ~ + .. ~ x .. ' .ss i _} r ~ q 1 , ' `~'`! i r li ~R; ; ~ ~ ~. ~ - 4 r~~• ~y~i~S ~ ~. _ ~ - S:^ w-- .m -o 'c" t ,~~;` f s~ t ~ - _ _ ~~, i;; ] ~~ A;d? y;. _ .~ i 1 ,F .. ~ ~ ~E! .~5 ~T q~1L ~r~f_~ ~, - = d ~~ ,7 '~ ~ ~ - --- ~ s~ Y r °~~!f ,~i 1 ~ ! ~ ~' 3 i ~p !I I !~ ~ ~~ ~ '~ ~~ ~ ~ as [~'n A }, k'~ ! l1+E I J }~ I ~~ ~~ f ~ • ~ _ I , ~- 'I ?'' h, , ~a I' , ~', .L ~ - -=33 - Si Vii, ! ~ -?•~ ~ ~€ 5 Untun pa~gvsn~', _ + I J _ ~ ~ ~ - ~ i _ ~ _.._ ,.~_ ~.~ ... - t 4, , ~. ~ ~~~'- ~ ~ ~ ~ 1 . ~`;! ~ Fi~S ~ ~. ~~ ~ .~'I . ~~~ iS ! _ ~:r~ F~lj pi . . , ' ~ ~ ~ i ~ ~ 'I~ _ sai ; I .~3ti ' ~' ~ r z ~~ i d' il ~ i .y ii} is ids ai~~ '~~:J - i` 4!`~ ft~.7r Ear t•'~ w pia ~k :~F - ~~ ~; ~` ~c 35a r -~ ~: :~ • r ~` ~. ;~ 'i 1 ~ ;~ E ~_ ~ 4. I 1 I~~^ j}~ sE~7 is~apl' ~. i7 R ;; .;: ~~~ ~ r f~; t - ~ 4 g, ? ~ i L ' : ,, .:; :~, _ ~a ; _- =~r ~~~ . r~F ~ ~ ~ ~~ ~~ w ~ .l~ - Y ~; y.~ waa w, ~ a ~, m r' ' rah ff~ ~~ _ ! lln~~n ~~d- ~ muu~~an•ir ~+sE,~~ ~14'~r1( ltLt~NJLUV] ~ }1~ - -- l~r.i - PALM IASFw C~ CL",~1'Y;~iOR117A - ' - -l~ . _, T ~i.{ 1 ~i.i m~.~n. -zs - --_ ril1C A7~i Ci'YC ks7 Af.1 ~ M .._- .....r. ~. r , _ - lJ.:.t I~ ~t7O~ ~: [l7PM City of l~alrrtty ~caeh Planning & Zoning lOD N W 1 et Avenue I5elrgy ~a~ah, Flarlda 33449 To VVttont It Iviay Concern: >=XH~BIT "H" ~o~ ~s~l~ 1 4ct~sber 1, ~Oq3 i 1~1a Nava flue honor of being the Arclutecturu firm representing a aevr Surgery Certt>=r proposed to be built in your oaramunity; in the existing Midtown lviediae~ Building. 7'lals facility will be tt Stato liconsed3 A):ICA approved Neder9l Medicare approved f~cllity. E The racility moat can!'arm tea the Guidelines far Desigu and Cansttuallau aY i~lealtti C rac~3iflce 2{1C3tr ed,, as published joiatiy by the t,7.S.1]apar€ute3st of T4ealth ar~d Hurru~ Serv~Ces (DHi~S) aid the AIA. 'fie requiteamants set l'ortls very large areas dedicated tot patient care cecttered an allowing $n tnclutiirtg fetnily, e9peoiully ir1 the recovery prQCess. This arcatas a large amount of dedlcate~d spice, to each singl~pationt. '1'heee are strict medical sidelines that da sot allow a patient to drivQ themselves llama, thus tltara will © y be one oar tcc each pair +af patient & family manulaers... dramatically rcduoitag the actual number of care par ed occupying #hc ~trgery Center. i In fact, theu-e cap never bas ttiarc pttbllc patients in the facility the tlierc art; antnnl bads to }3ousBe thefts after skur~ery~ which In this case is a fatal maximurt3 a€ 6. Far a facility of this size aft apprapi~iate st of b would bm natural and caulsl never exceed l t?, Thus th%s £aciliEy could naves lira rnarc than lb cars xnlated to t, Please help us serve your i,optniutiity, by lavvering Iha panting requirements to a more appm~tlsie iet+e[ that ]s rainre rroprestaatative of rho aohtal usage of the building ns an Atnrbulator}+ Surgical Center, th s allowiag us to proceed with obtalnic_tg Federal funding for floe prajt:et; so that we will neat need tot c~ntee~platc t~ioviug the prtsjt~ct to a neighispx'kng catntnunity, t '~~e taovld bo happy krt disatiss this Bother, aitd td pr8sent in a public farm, this mast itnporlu.nt principle of cnntrtrlling lloaltht:are casts by apprapriatoly applyJsg t'egttltemetits, at env hearing, boned meekl~tg or GOmmisBlon tA~Btln~, . VI~© view this as cut axaeilent oppurtaunity to shativ sad damanstratc a typical exa[stple. where h+ralthcara cash can be c8nrsrvetl, with zsrn impact on patient cat's bye simply not over buildusg parking spaces that ar$ pot necessary. Ttt~k ~ot5, L3 lie c~ I]es' Inc. l.ea Chester, CEt? ~. ~ ~~ 5.1N~~~nilt~ fir., ~tl:, ~~~, Aimm~lrte ~print~sf FL 3~7E~ ~h; ~D7-~~~-6fi~ ~~x: k~7-~6~~f 91~ ALA, ~~. AA2E~~07©6 Y;1'V Cl'T ~I~T it /''Il L~~~ .1~~~, l~~i I~Ail~~~~f ~ ~~~idt~~ A~a~~e t~ea~ Reri~~ ~arkln~ ~~I v~: ~, sq. ~: ~~ ~~, ~: w~w~~~r _ ~ - - htixr~r of Stu Sibas 1~ _ ~dne t:~ Stutf . S~ 3 U[~} ~ R. AVed flc Pe~iad ~~rt1 Drtrr~ntl 3,53 ~Ido~ i . }t. C6€A~ a~l~~d~ 8 __ i~f11 Gt VNIaBfIQTt ~+Y~ _ ~ 34 .- 5,35+~~hrCles per 5f~th err~nil~ d, aefu~la~ 1 ~Of! . ~, GFk _ 33r[1 Fa~nt~a K 2.~2 ~+ae ~_q. ~. ~~A . 11~ikd~y ~'~~k R'~t`i~c~ P~~rk~n+~ ~~~~~~ ~ 5QQ 4~~ P = 3.49x -1 R` = i3.~3~«. ~~#~ ~ _ ~~0 e ~ i I ~~~ ~ i ~ ~ ~ ~ {~ ~0 X40 ~~ ~(~ 'it}G 1~Q ~ ~ 1,~~1 ~q, f4: G~~ ~ ~k!d~ t5al5 Pr~nh9 ,---... PAlnd Cvrwr . »~ Avarpq~ ~ ~anFat #~ f~yy~~y:edl~ Parking Requirements for Medical Office Buildings RESEARCH 11YAS G41l~DOC~R WITI~ fHE lFOL10t~#t~G NEY fDBJECT1i~ESs t(Il1ECT PTlI~RR1f Al1sB SECIIQVQISRY 1DATA l~€StRIBIHE< Ml"DICAi ~l~Ft~~ l~w~n~ls~~ PARI[fN~i i~EEOS; tpEHTIF~ iM19NICIPAI COb1~ REQUIREMENTS FOR THOSE BDIFDI130,S SIlRI~@Y&L-; AHD SIIMl11~lRI~E $IHDII~GS SY IVIEfIN ARB U~TH-PERCIFHTII~ VALUES, PRt~V1~31N~a 4,~ SPACES PER i,~M04 OR4SS Si~U1lRE FEET t~F lSUlL~tit~0 SPACE IS GEIdE1tAllY SUFFICIENT YO 1d1E~ II~EB1CAl OfrfICE EIIIL>i!1@iG PI:l1IC-HOI1R I~EEbS. i „~ , i s - 40 Flf•"I`Y 1vEET71C,~1.O~~ic~. Bul~nr~r~s (MI~Bs) located throughout the United 5races were studied sxi detertnine choir park ing r[t~ttit•ements, Follo~cving is a summary of ]cr77• frndirrgs and eanelusiana; • ,A saC:il aF4.5 parldnu spaces per 1,444 gross sgrtare feet (~5f) of building areal should 6e provided for ~rfOBs. This recommendation includes an eF fertive supply cushion of spoors; this cushion is canal to about 14 peecel7t of the sZSpply and. is neressar~ fur a number of reacans, inclstdirtgbus not limited to user canvenienre and to cornpensare for the temporary Lass of spaces due ro construction, tnain- ten~nce and snow rernoetd. s `The nurnhrr of ~at$ parlti~ ;te MO13s dunug the 11 a.,m, peak hour typirtllp falls shasrt Dfhnrh the parlangsupplics clad tltc numiterof parking spaces t~- gt~ited hp zoning ordinances. - This suggests that mast caning ardinan[es requSre more panting spaces than mast ~•fCjT3s need, = hfinetj•-two percent Qfthis srt€dys MO13s are legally required to pro- vide marzparking spaces titan wzee occupied clueing tlta p~dlc hour. - 5isty percent of chic study's 1yIUBs muss ecatnply~vidi zoning ordinances that exceed this stud}•'s recatnm~tded parking capacity. ^ The observed mean peak-hour paric~ ing accumulation taro far 50 MC)Bs is 3.23 spaces per 1,fSOb GSI= of or- cupied building nrea, This is lower span the 3.53 spaces repaired in - -- - the lltstitute aFTzu3s- portatlan Engli;~ers - - . (IT G)1'rrrkirrg Gerrrrn- ri~n, 3rdEr!''rtrorz and rho 4,11 spate reported in fI);'s 1'~trkrirg Gerrelsttlnrl; ~tt~ ~ilitiar~.lr'` •The nUserved &5th-p~rc~r,ril~ peak- 11D17r pail-.urg aCi:nEnnlHtlail t~CC far 5Q ivlOBs is 4,21 panted ears pet f,t106 GSfi of occupied building area, STUT!'Y PURPOSE 'The de-•elnpmear Df h{O$x cnntirt- ues in sespanse w tine aging populatiau and cDnsequenr increases In demands for health etbre, One partic~rlur challenge far planners 75 sn properly ~lerermine the nttmljer of parking spaces needed Far fvlt7Bs. In eespanse to this challenge, a study was condusred to dacumenr the parking requirements oFM()Bs, A major carapancrtr cif chic scud} i>acluded new pr;,~~r~ ~e~~h, Most municipal zoning orclirranccs base MOB parking requirements Dn the atnaunt Df GSF rasher than the nuntt+er of physicians, ctnplaye+es, ar patientsl visitors. This a~tud}• garners daez €ratn val`i- aus MOBS, calculates paddng demand 6'~tIP3 per 1,(}QO GSF and prot•ides a data- base that care lie used for prajrct planning purposes.'Tltis rese<~t•ch pro}ecr had the failnweng 6bjeCtlY~S: • Ta identify and eelerence hismricaL MOB peals-hDttr padung demand ~rtios; • To create adaaelaateDFMOI3 petlc~hDUr ptrltingclrmandratiosthat eniplo}•she number of parking spares Herded per 1,44Q ~S~ the variable most crtm- mouly referenced by municipal codes, • `I'o compile a cDtnparative list of mu- nisdp3l [ode regtsiremenes far those iW1OBs sttrYe}'ed; acrd ~ Ta sumrnari~e findings 6y menn acrd 85th-percen rile values. tvlr~ting these objectiY~ prnvids's infar- madon useful to planners wlto ptnjrce MO13 packing demand. METIIOIlOLOC~Y pzior to beginrziag primary research, sceondar}•sautx~s Dfdata+vere researched, The second and third editions of 1'rrrk- iirg G~rrrsr~tinn cDrltaieed a sttznmary of several MOB parking demand studies. To complete the primary research, the falla~s~ir~g sups recce performed: ftE ~UUIIHAL / AODUSI Y~01 • A sample oF50 st-and-alonL N'IOBs lat~t~ thraugl:ou€ the [Jnited States was scles:ted, • The fellov<ing varistbles were re- searched. for each Mt~$: - elty and stag; - nnrnl]eraFflaars, - l7uilrling GSF; - building occupancy r1te; - nnm6er of suites, - municipal eoc~e parl4irlg rr~uir~ meats ~num6exaFspaacs per l,(lf~U GSF}; and - patio ng space snppl}~ + The numbr•; oFpaddng spaces requsrcd by zoning ordinance wa-s calculated. • Tl~e s>lpply of parking spaces was illvetleatied and the number of spa~sprovided per l,UUO GSFv~as calctalared. • The number,~fparked vehicles dnr- in6 the peak tithe of the day was t:dt~nred. • ~'Le rtuntbea• aFspaces per 3,Of10 G5F n•as determined based an: the occu- pied building GSF and the numl3ets of vehicle3 cat~nt4d at the peak ac- cturtulacion ar oGCUpancy; • Thy mean and 85th percentile, by. spaces pee 1,UD0 GSF aE occupied buildirg space, were sun~marixed For rite Fallov~ing: - code requirements; • patlang space suppt}; and -observed peals-tenor parking occupancy: iTE R~14~(1 [Iil~1~RAi)EON I;tATE;c T`I'E updated itsl'urkilt~Gener~rtror~ pub- lirnrian ir. ?E304. Table 3 prtrvides a corn- parisoa benvrcn dt€se pGblished data and the primary da€a callectecl For this study: DATA {OLI,E{TIOH RE5UL7S IJro~e~tCP l1~~7lfitlrrl~5 fry.Sraae FiFty Free-standiing i41:Bas were sur- veyed on [vlnnday~ and lYJedntadays Frurrt March through August, during what was believed to represent typical aCti~tity lev- els for rbiQBs. Suburban lncaoons were selecteri m :dlav~• a clean eomptitation of the parkinb demand r~€iv, ~~ithaut the inHuenee of adjacent loot] user prescne in an tn'l~an euvirunntent and ~vithattt rite influe~tce of mass €rartsi€. A convenience satnpte eras drawn based Walltet drys celladinn iiE f'arldaq tirerrern!la~, 3rd Edlrln~ F'ealc period If1:00 ~.en.-12.14 p. m. 1t1.OU S.rh.-12100 p.m. 2:U0 p.m.-~:QD p.m. Number o.Fstudv siees 5U 18 Average size aFscudy sites (GE~A} 62,~r2~ 4~.flOQ t~vcr'~gc plc-perigd puking deruaad 3?3 spacer pee I ,1100 of 3.53 spaces per 1,40U si' 85;h~pererrsriir packing demand 4.21 sp~zes pee 1,1}40 sE 9.34 spaces per 1,404 sF F~atS~C A~ratCS E..~.~--~.~115paCCS ~.~fi--].3~SpaCCS pee 1,0413 of er 1}UUt) sf Nnt~ l7e~occurtrt# mid~sveek. Figure 1. Number Of 1~[JBs ~y size. on geogeapltie praximiry of individuals sollee€ing rite data to the MOBs.'T`wenty of thz Ew[OAs 3nrveyed were toratcd in Illinois, The remaiuing~U properties snc- uayed t~~ere located in rite Fallowing staees: California. (S}, Florida (~), Georgia (d), Indiana (~}, rrlssssac}tusctcs t3), IVIinne- sata (3} and Pennsylvania (3). d'he oversee nutnler of pnrlcing spars per l,dUO GSIi ranged froth 2.78 For the three Georgia hI~13s studied ca S.GU For die three I}ettns}'Ivania MC7I3s s+u°veyed, Following is the supply ofparking spacxs per l,UDD GSr, by state: • Illinois, 4.47 • Florida: 5.24 • Indiana: 5,~6 • lvlinnesorn: 4,3`1 • 4alfFtJrnta; ~.~~ • pettnsylvstnia: 5,Gt) • Ge4 pia: 2.78 • Massachusetts: 4.b~ rlTrurrb~r of'Bulldings Gy Slag The M®Bs identified then were com- pared ©rx the basis of occupied GSF As shown in >?igure 1, about three~Faurths of the buildings sttl`vcYed were 7Q,QOD GSF or less. rl~rszic'ipel Carle 1~erl¢rl~~rrrerus `T'hirty-one locations, or G2 peret•nr of those MCps surve}~ed iverc regttired lay cede to provide g.til ar ruote prising ]aces per [,DUD GSE Table 2 illustrates the number aF paddng spaces required by muni;.igal xoniug or€linances. Aar'kir~g Su~pl~ )sack individual Mtall's parJting sup- plywas ittv~€oried. Dot aFthe 5D NI013s surve}'zd, 27 Facilities, ar approximatel~p 54 percent, supplied 4.43 ar morr puking sPac~ (rounded tq rteam~twhnle narnher] per 1,040 GSF. Figure 2 illustrates the nuut6er aF parking spaces supplied per I,UDU GSF lvlost of the facilities sun•eycd prnvidecl car tttaely provided the number of rnde- required spaces. Ist some rimes, the park i.ng spaco supply Fell short of the code requirement, RE J811&HAt f Al1t,[I5T X067 ~~ lix,•king I~r,tar,rl P~arldng ot:cupancy cattn~ ~trere Mien Fat the ~~1~ parltingspaees ca determi>~e parlti,tg uCilizarion during the 1 ! a.m. peak ltour_ Thy caants were t:otup~ to the ocn6tpird GSTr oFtbe building.'L`lte peak 13aur was determined based on ~e consultants' experience ~vi~~ hundreds of ~~ .~ .1• •~ Nt,m>yer of poking spaces required by tads , ti Number of lttdkiles 3.UU to 2.Ofl 1 1,9D9 sf 7 2 p~rYcot ~.4i to 3•aD 1 1,D44s#' G 1~, prrcine ~,Q1 to 4A411,944 sf 1? _ 24 perrnnr ~,a] to S.Uo r f,nna sE xa ba fsercz„t 5.fl1 to ~.DU 1 ].0a4 sf G 12 pcrs~nt d,D] w 7.DQ ~ 1,Dao sf 1 Z Pcreent 7.D 1 to 6.tSD f 1,4110 sf Z 4 percent 6.41 to 9.134 ! 1,649 sk' 1 2 percent 9.D1 to itl,aa ! l,nUn sf 1 2 rtcnt $6 1D9 ],crrcnt ~~1t ..... _......,... _ __ ~ , 8 _ a;r ax l~s - - ,,, {i ~~.~L„ -- --- ~sa~l, - -- 441 1, ~~~ ~ i _i _. ~ - - w~,~ .l - ~4 -- 6 _ - = ~,~ _ ,u _ ~r, l i1 - - ~~, '~]p !IY lk - __ .lju ~ - -- p 91 {} _ :1 Y if w' ,w Il -- --- ,H ,.,~ I~ ...... ~ -...-, 5 i 'Vi'i' QO] lU? ~ k6! 9.W !tA S.wi 1.~1• 7,EIG BL+Z 4.td 4hserred podling dtna,nd {si.~tes ptr 7,600 sfl i`1gs,re 3.9kswrved peok~ltour parieing demand>ry h1i18. s Ct]diL's aver the kasc 30 years. r~ mnjnriry of the facikities surveyed hid peak-hour parking ar=eupanei~s of ~.0 or fearer spaces pee ],pQO GS) :This statisric fe11 si~nili- candF below both the legally rrqukrcd nurn6cr of parking spat;t:s and the ab- served parklingsupplies, "The faklo~ving shnu~s the total nurnber of parki ug F.aeiliri~ surveyed (ae the peak bear) by range nFac~rrpied parking spaces per 1,044 GSF; Spaces Fes' Nrt~t1?er gf ]L,U()0 GSF Facilities k-.00 to 2.00 ~ 2.O1 to 3.4p ] ~ 3.01 to x,00 14 4~.1Z1 t~ S,Op 9 5.p1 to 6.p0 4 x.01 t~a,~o l ~,a i to a,o4 ~ 8.p1 tp 9.00 L Figure 3 shows each parking Eacllity's l,arltin~ demand in descending order ©b- setvccl peak-hater parking demand F~zr the sample ranged Frarrt 3.3f3 ~013.13[1 spacee per 1,000 GSF. The absetved mean and medietr peak-hour patlungdrruand rates were 3.~3 and 3.i13, respectively. The Seth-percentile rase was x.21 spaces per 1,Ofl0 G5). C#INiLi.llSl[Mt3S fiiE`cy A,t~lDs tivere surveyrrl as part of rlris research, F'ollowinp is a summary u~ ftndings: The mast camman code tegttiretrtc~tte For dte,~lpl3s curve}~cd 4vcts 5.4 parlc- ing spaees pee 1,0i]Q Ca$F. Nineteen MQ13s, oc3S percent a~the sample, lverc required to provide 5.0 parkin spaces per 1,p40 GSF, • The mean and median number of parking spact~s prar+ided per 1,p44 G5F ri~as ~.5q and 4,39, res-pectix~el}: • TTE calculated a mean demand aF 3.~3 parl:in~ spaces per 1,OOf1 GSF (Prtrki,tg Gurerrr,tien, ~rc~ ~{i[ian) ert3tp~rcr~ ur 3.7.3 pa,t~king spacee per 1,044 G5l? Found in this stud IT8's 85th-percentile demand of v,3ll panting spaces per 1,OOp GSF (Pnr;lr- ir,g G'ei,~rralxnn, 3,d 'ai,j is cntnpa- mbl>: to th€ $5ds-percentile peak hour 4~ I>t ld1lpNAl. / At19tiS~ 2049 F'~t,rn F, Forking suliL,iy prvvEdad ~y HIi18s. l11EE3l~JIL ~FF1CE Pe~?c-hour parking spaces occupied vs. 1,gg0 GSF t~cuitrd huildisg area rzn a w•cclsria}F be~vech 10 a.rn. and 12 n~orr PAitlilt~lG 6EN[EiATI~N RATES pvarnga r~rt~ Rflagts of ea18s ~t~~a devlalinn Number sl sludtes AveragQ i,g44 ~5T oErvpiut! 6ullding stet: 3.23 1.38-8,9q 1.29 -- 90 12,427 1,9Cb ~ I.zrn ~.o~ eto ~, ;;~ sup 0 $ ~~ 0. n ~ SO.p 14511 150.a ?C0.0 21.0 ao0,b 350A 4~~ D , o,a 1,6130 GSF O[[EIlEiBrl hulld3ag afeq Ftquro 4.Ontss plot aar4 slaEistlxsrl sumramty. obscrr~ti,anof4,~) parlangsparesper i,Dao ~s~ fous~cl it, this study, Dried on these fi3tdings, desi~riirli; parltin~, fa:.ilitics to accam~radatt d,5 $~~ per 1,666 GS>? of 6aild- ing Rphcc should be sss~icient to meet the pealr-hocu~ parking demands df RI45I medical of~icc bsrilrjings. This recantrnendatiost is a^ 85th- peteentile rer:or~ultendaticrn, which is carls'sse~slc writh other recognized and published. industrysrandatds, inclszd- ink the lsrntirrsark Nove,nher 2DD~ 5'/~~s^zf~Pur~:f,7~nptshlicaCion issued h} the Urban Land Instituts; al~d the interrsationa! Council aF ShnppinA Centers, Sixty percestt, oe 3D aI"tl,e 50 ivlDBs, are ltscated in rraunicipsrli- ties that nu~v ttgitire snore parking than the retommendec! 4,5 spaces iser l,ODI) CSF. Refere~rces 1, Purd'frlg G'estr.,rAtiort. ~ni v~r~il.'[177. 1~Gr;~sh- is5~rnn, D~, U5A,: 3nsrirrsre nf'i'ransparrasir,n engineers (CI'E}: 2q~i. 2. Pnrkireg G'rnerrrtinn, gnu F.rr7r~nr„ 1'trashir~. rtrn, BC: iTE, 1989. J4NH W!, ~#!~~'Tlr, -_ ~f~P, is ~ rcArioJ• nice - pJxs{rlMJrt NrtrlsLrJrr_ - _ laolderuf 44'rniker l~r.(ing Cansrrlturat,. He rLrrFrn die °_ -- ffJwrlC'orurrr'Arrgl~rrvurrts ~~ Grunp, u~likliJji~iulires irr~rt~ritJ~-relrr~ r7lgrtgurrests inr~rdirrg.YCrr~s nrtArr,:etitre cerr>aQlsy3leJru, n;rpnrrlantuidr• pjdJrJriJt~ ~MrFrrriJtl, frn,rribrrrrl drtrgJ, pleruriug. GpCillrrbRS RTrr! rrR,(~ri !'JrxrACYrJFAg. 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' C1 ~NC ~'a gg~i °~ ~o~EY~ Q7H sS P [651] ~ - ~y w a3¢~~ Tawau v ~ ~aaz-J ¢\zrc~- ° ~ Qn u ~: aaT Na °m ~ ~~ ~~ o +o~ Z W ~ ~a ~a ~ 4i [7`T =° E D p~ ti~ ~~ V t:'l F 6E C ] ~+ Csq 9'9B o z 'D in u z ~ tt v~ a r a ti Z N ~ .~ C1 s'1 N ~ :p N d4 .~ Z \_ n N .aE •• ~n ' ' m ~ Q ~ a eo] ~ 6'02 .. ¢~ C 8S 'l] " ~~ L LE in -~ 0. F. ~ ( 1 ~~ J ~ U W Z ~ m ~ ~ 1 D i[ ~` R W W Ul m ~ 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 COMMYSSION MEETING Ok' TANUARY 5, 2010 ORDllVANCE N0.05-10 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 for 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 6 - 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 finding that the amendment is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.45(M) of the Land Development Regulations. ORDINANCE N0.05-10 AN ORDINANCE OF THE QTY COMMISSION OF THE QTY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER TWO, "ADMINISTRATIVE PROVISIONS", OF THE LAND 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. WHEREAS, pLms-uant to LDR Section 1.1.6, the Planning and Zoning Board reviewed the proposed text axr~rtdment at a public hearir-g held on Decelr~ber 21, 2009 and voted b to 0 to recommend that the changes be approved; and WHEREAS, pursuant to Florida Statute 163.3174(4){c), the Planning and Zoning Boyd, sitting as the Local Planning Agency, has deternvned that the change is consistent with and ftnrthers the goals, objectives and policies of the Cort~prehensive Plan; and NOW THEREFORE, BE IT ORDAINED BY THE QTY COMMISSION OF THE CITY OF DELRAY BEACII, FLORIDA AS FOLLOWS: Section 1. That Section 2.4.7(G), "Requests for Reasonable Accommodation", shall be amended to read as follows: (G) Requests fox 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, and Procedures for persons with disabilities as provided by the federal Fair Housing Amendments Act (42 U.S.C. 3b01, et. seq.) ("FHA"} and Title II of the Americans 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/or handicapped under the FHA and/or ADA. Any person who is disabled (or qualifying entities) may request a reasonable accommodation with respect to the Cit~s Land Development Regulations, Cade 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~fs public notice bulletin board (and shall maintain copies available For review in the Planning and Zoning Department, the Building De~rt, and the City Clerl~s Office), advising the public disabled individuals (and qualifyixtg entities) i~nay z~equest a reasonable accommodation as provided herein. (3) Application. A request by an Applicant far reasonable accomzx~dation Linder this section shall be either oral or written A written request nnay be submitted by completion of a reasonable accomixiodalion regt~st form which form is maintained by (and shall be submitted to) the Departrr~stt of Planning and Zoning (`PSrZ"}. The reasonable accommodation forixt 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.~.7(G) ($},below (a) Coxafidential Inf'orrnation. Should the information provided by the disabled individual to the City irtclttde medical information or records, including records indicating the n~dical condition, diagnosis or medical history of the disabled individual, such individual may, at the raxx>e of submitting such medical information, request that the City, to the extent allowEd by law, treat such medical information as confidential infozn~ataon of the disabled individual The City shall thereafter endeavor to provide written notice to the disabled individual, and/or their represei~itative, of any regt~~t received by the City for disclosure of the medical information or docun~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 stint medical information or documentation, but the City shall have no obligation to initiate, prosecute or pursue any such action, or to incur any legal ox 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 Linder this section or an appeal of a deterrr~i~aiaon on such request to the City Council, and the City shall have no obligation to pay a requesting parts (or an appealing parts, as applicable) attoreys fees or costs in connection with the request, or art appeal (c) City Assistance. The City shall provide such assistance and accommodation as is required pursuant fa FHA. and ADA in connection with a disabled person's t~egtiest for reasonable accoxzirxiodation, including, without liirrifation, assistance with reading application questions, responding fo questions, cntripleting the form filing an appeal and appearing at a hearing, etc., to ensure the process is accessible. 2 ORD. N0.05-10 (~} Findings far Reasonable Accommodation. In determining whether the reasonable accommodation request shall be granted or denied, the requestixg party shall be regtrired to establish that they are protected under the FHA anal/or ADA by demonstrating that they are Nandi.capped. or disabled, as defined in the FHA and/or ADA. Although the definition of disability is subject to judicial interpretation, for purposes of this ordinance the disabled individual must show (i} a physical or mental im~airmPnt which substantially limits one or more major Iife activities; {ii) a record of having such impaix7x~ttt; or (iii) that they are regarded as having such imp airm~nt. Next, the requesfii~g party will have to demonstrate that the proposed accommodations being sought are reasonable and necessary to afford handicapped/disabled persons equal opportrmity to use and enjoy housing. The foregoing (as interpreted by the Coverts} shall be the basis for a decision upon a reasonable accoinrnodation 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 requests for reasonable acconur~odation, after notice and public hearing to receive comment`s, input and information from the public (provided, hovaever, the City Manager, or his/her designee, shall not be required to render their decision at said public hearing. When a reasonable accommodation request form has been completed and submitted to the Planning and Zoning Depart~lx~n , it will be refen~ed to the City Manager, or his/her designee, for review and consideration. The City Manager, or his/her designee, shall issue a written determination within fart five (45) days of the date of receipt of a completed application and rnay, in accordance with federal law, (1} grant the accommodation request, (2) grant a porl~on of the rec~~t 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 denial shall be in writing and shall state the grounds therefor. All written determinatiar~ 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 representative) by cer~lifiecl mail, return receipt requested If reasonably necessary to reach a deteslninafion on the regr~est for reasonable accommodation, the City Manager, or his/her designee, may, prior to the end of said forty/five (45) day period, reque5~t additional information from the regt.>~ing party, specifying in sufficient detail what information is requimd. The requestng party shall have fifteen (15) days after the date of the request far additional information to provide the requested information. In the event a regr~s~t for additional inforrr~tion is made, the fort five (~5) day period to issue a written detern~~ation 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 regr~sting party fails to provide the requested additional infom~ation within said fifteen (15) day period, the City Manager, or his/her designee, shall issue and written notice advising that the requesting party lead failed to timely submit the additional information and therefore the request for reasonable accornn~dation shall be deemed abandoned 3 ORD. N0.05-10 and/or withdrawn and no further action by the City with regard to said reasonable accommodation request shall be required. (6) Appeal. Within thirty (30) days after the City M~ager's, or his/her designee's, dei~erxznination on a reasonable accommodation request is mailed to the requesting party, such applicant may appeai_ the decision. All appeals shall contain a statezx~erit containing 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 as reasonably practicable, but in no event later than. sixty (60) days after an appeal has been filed. {7) Stay of Enforcetner~t. While an application for reasonable accommodation, 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 against the Applicant. {8) Request Form for Reasonable Accommodation. (a} Contents of Reasonable Accommodation Request Form: 1. Name of Applicant, 2. Telephone Number, 3. Address, Lmless u are ver7red b 42 U.S.C. 90dd in which case ~~u are not recntired to vrovide an address but ~u may be requested to provide docur~ntation to substantiate ~~ claim that you are governed b~? this section). 4. Address of housing or other lOCation at which accornrnodation is reclt~s~tecl, 5. Describe qualifying disability or handicap, 6. Describe the accommodation and the specific regulation{s) and/or procedure(s) from which accommodation is sought, 7. Reasons the reasonable acconnrnodation may be necessary for the individual with disabilities to use and enjoy the housing or other service, 8. Narr~e, address and telephone number of representative, if applicable, 9. Other relevant information pertaining to the disability or property, 7.0. Signature of Disabled Individual or Representative, if applicable, or Qualifying Entity, ll. Date of Application. Section 2. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, clause or Ord be declared by a court of competent jurisdiction to be invalid such decision shall not affect the validity of the remainder hereof as a whole or part hereof other than the part declared invalid 4 ORD. N0.05-10 Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the same are Yiereby repealed Section 4. That this ordinance shall becorr~e effective upon its passage on second and final reading PASSED AND ADOPTED in reg~xlar session on second and final reading on this the day of 2009. ATTEST: MAYOR City Clerk First Reading Second Reading 5 ORD. N0.05-10 PLANNING ANp ZONING`BOARp STAi=1= REPORT MEETING DATE: DECEMBER 21, 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 #o make a recommendation to the City Commission regarding acity- initiated amendment to the Land Development Regulations {LDRs) that will provide clarifiication 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. BACKGROUNDfANALY5IS '` 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 FINDINGS _ Comprehensive Plan Conformance LDR Section 2.4.5{M){5) (Findings) requires that the City Commission make a finding that the text amendment is consistent with and furthers the Goals, Objectives and Policies of the Comprehensive Plan. A 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 them. ff - REVIEW BY OTHERS i L~-- _ _- --- ---- ... _:_ _ _ _ -- Courtesy Notfces 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, December 21, 2009 LDR Amendment -Reasonable Accommodation __ ALTERNATIVE AC"fIONS ~_ A. Continue 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 for Reasonable Accommodation", by adapting 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 of fact and law contained in the staff report, and finding that the text amendment and approval thereof is inconsistent with the Comprehensive Plan and does not meet the criteria set Earth in LDR Section 2.4.5(M} (motion to be made in the affirmative). RECOMMENDE© ACTIflN 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 COMMSSION OF THE QTY OF DELRAY BEACH, FLORIDA, AMENDING CHAI''1 ER TWO, "ADMINISTRATIVE PROVISIONS", OF THE LAND 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 I_.AND DEVELOPMENT REGULATIONS; 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 and voted to to recommend that the changes be approved; and WHEREAS, pursuant to Florida Statute 163.317~4(4)(c), the Planning and Zoning Boarcl, sitting as the Local PJaxuning Agency, has det~xnixied that the clnange is consistent with and finthers the goals, objectives and policies of the Comprehensive Plan; 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 far Reasonable Accommodation", shall be amended to read as follows: (G) Requests foar Accoxrntxnodation. (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, and Procedures for persons with disabilities as provided by the federal Fair Housing Amendments Act (42 U.S.C. 3601, et. seq) ("FHA") and Title II of the Arxiericans with Disabilities Act (42 U.S.C Section 12131, et. seq.) ("ADA"). For purposes of this sections a "disabled" person is an individual that qualifies as disabledand/or handicapped udder the FHA and/or ADA. Any person who is disabled (or qualifying entities) may regt~s~t a reasonable accomiYxndation with respect to the Cites Land Development Regulations, Code of Ordinances, rules, policies, practices and/or procedures as provided by the FHA and the ADA ptmsuant to the procecltn~s set out in this section. (2) Notice to the Public of Availability of Acco~unodation. The City shall display a notice in the Cit~s public notice bulletin board (and shall rr~nintain copies available f or review in the Planning and Zoning Department, the Building Departmernt, and the City QerKs Office), advising the public disabled 3 Planning and Zoning Board Meeting, December 21, 2009 LDR Amendment -Reasonable Accommodation 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 maybe submitted by completion of a reasonable accommodation request fortes which form is maintained by {and shall be submitted to} the Department of Planning and Zoning ('PBrZ"). 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 znf'orrnation. Should the information provided by the disabled individual to the City include medical information or records, including records indicating the medical condition, diagnosis or medical history of the disabled individual, such individual may, at the time of submitting such medical infoxnnation, request that the City, to the extent allowed by law, treat such rxtedical 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 for disclosure of the medical information or doctntation 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 allov~d by law, in actions initiated by such individual to oppose the disclosure of such medical information or docurnentation, but the City shall. have no obligation to initiate, prosecute or pursue any such action, ox to inctm any legal or other expenses (whether by retention of outside counsel or allocation of intez~al resources) in connection therewith, and may comply with any judicial order without pzior 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 determination on such request to the City Council, and the City shall have no obligation to pay a requesting party's (or an appealing party`s, as applicable) attorneys fees or costs in connection with the naquest, or an appeal. (c) City Assistance. The Cityshall provide such assistance and accoznt~'~odation 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 Heading application questions, responding to questions, completing the form, filing an appeal, and appearing at a hearing etc., to ensure the process is accessible. (4) Findings for Reasonable Accornrnodation. In determining whether the reasonable accommodation request shall be granted or denied, the requesting party shall be requiired to establish that they are protected under the FHA and/or ADA by dezmonstrating that they are handicapped or disabled, as defined in the pHA and/or ADA. Although the definition of disability is subject to judicial interpretation, for purposes of this ordinance the disabled individual must show (i) a physical or mental impairment which substantially limits one or nwre major life activities; (ii) a record of having such in =nairment; or (iii) that they are regarded as having such i~npainment. Next, the requesting party will have to demonstrate that the proposed accommodations being sought are reasonable and necessary to afford handicapped/disabled persons equal opport-~mity 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 Commieion 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 request for reasonable accommodation, after notice and public hearing to receive comn~ennts, input and information from the public {provided, hov~ver, the City Manager, or his/her designee, shall not be required to render their c~cision at said public hearing). When a reasonable accoinmadation request form has been completed and submitted to the Planning and Zoning Departr~~t, 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 within fort five (45) days of the date of receipt of a completed application and may, in accordance with federal law, {1) grant the accorrumodation request, (2) grant a portion of the request and deny a portion of the regt~~t, and/or impose conditions upon the grant of the request, or (3) deny the request, in accordance with federal law Any such denial shall be in writing and shall state the grounds therefor. All written deteirninations shall give notice of the right to appeal. The notice of detPrrmination shall be sent to the Hequestyng 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 accommodation, the City Manager, or his/her designee, nay, prior to the end of said fort five (45) day period request additional information from the regzg 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 fort five (45} day period to issue a written determination shall xio 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 party fails to provide the 5 Planning and Zoning Board Meeting, December 2'i, 2009 LDR Amendment -Reasonable Accommodation x~eq~sted additional information within said fifteen (15) day period the City Manager, or his/her designee, shall issue and written notice advising that the requesting party had failed to timely submit the additional infozx~nation anal therefore the request for reasonable accommodation shall be deen~d. abandoned and/or withdrawn and no further action by the City with regard to said reasonable accommodation request shall be ~. (6) Appeal. Within thirty (30) days after the City Managers, or his/her designee's, determination on a reasonable accon~riodation request is mailed to the requesting party, such applicant may appeal the deci5lan. All appeals shall contain a statement containing sufficient detail of the grounds for the appeal. Appeals shall be to the City Commistiion who shall, after public notice and a public hearing render a determination as soon as reasonably practicable, 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 deterixrination of same, is pa-~ding before the City, the City will not enforce the subject zoning ordinance, rules, policies, and procedures against the Applicant. (S) Request Farm far Reasonable Accommodation. (a) Contents of Reasonable Accommodation Request Form: 1. Name of Applicant, 2. Telephone Number, 3. Address, unless u are veined b 42 U.S.C. 90dd in which case u are not to vide an address but u rtia be ted to ovide docun~ltation to substantiate ur claim that u are veined b this section 4. Address of housing or other location at which accommodation is ~~~~ 5. Describe qualifying disability or handicap, 6. Describe the accommodation and the specific regulation(s) and/ar procedure(s) from which accommodation is sought, 7. Reasons the reasonable accominodaiaon may be necessary for the individual. with disabilities to use and ery oy the housing or other service, S. Name, addi~s and telephone number of represenitative, if applicable, 9. Other relevant information peYtainiizg to the disability or property, 10. Signature of Disabled Individual or Representative, if applicable, or Qualifying Entity, 11. Date of Application Section 2. That should any section or provision of this ox~luiance or any portion thereof, any paragraph, sentence, clause or Ord be declared by a court of competent jurisdiction to be invalid, 6 Planning and Zoning Board Meeting, December 21, 2009 LDR Amendment -Reasonable Accommodation such decision shall not affect the validity of the ,~mainr3~r hereof as a whole or part hereof other than the part declared invalid Section 3. That all ordi~~lces or parts of ordinatlces in conflict herewith be, and the sarr~ are hereby z~pealed. Section 4. That this ordinance shall become effective upon its passage on second and final rearing. PASSED AND ADOPTED in regular session an second and final rearing on this the day of , 2009. ATTEST: MAYOR City Qerk ly first Reading Second Reading 7