The URL can be used to link to this page

03-02-10 Regular MeetingCity of Delray Beach Regutar Commission Meeting ~r~ /~ ~%\ RULES FOR PUBLIC PARTICIPATION 1. PUBLIC COMMENT: The public is encouraged to offer comments with the order of presentation being as follows: City Staff, public comments, Commission discussion and official action. City Commission meetings are business meetings Tuesda March 2 2010 and the right to limit discussion rests with the Commission. Generally, remarks by an, individual will be limited to three xx~inutes ar less. The Mayor or Regular Meeting 6:40 p.m. presiding officer has discretion to adjust the amount of time allocated. Public Hearings 7:00 p.m. Commission Chambers A. Public Hearings: Any citizen is entitled to speak on items under this Delray Beach City Hall section. B. Comments and Inquiries on Non-Agenda Items from the Public: Any citizen is entitled to be heard .concerning any matter within the scope of jurisdiction of the Commission under this section. The Commission may withhold comment or direct the City Manager to take action on requests or comments. C, Regular Agenda and First Reading Items: Public input on agendaed items, other than those that are specifically set for a formal public hearing, shall be allowed when agreed by consensus of the City Commission. 2. SIGN IN SHEET: Prior to the start of the Commission Meeting, individuals wishing to address public hearing or non-agendaed items should sign in on the sheet located an the right side of the dais. If you are not able to do so prior to the start of the meeting, you may still address the Commission on an appropriate item. The primary purpose of the sign-in sheet is to assist staff with record keeping. Therefore, when you come up to the podium to speak, please complete the sign-in sheet if you have not already done so. 3. ADDRESSING THE COMMISSION: At the appropriate time, please step up to the podium and state your name and address for the record. All comments must be addressed to the Commission as a body and not to individuals. Any person making impertinent or slanderous remarks or who becomes boisterous while addressing the Commission shall be barred by the presiding officer from speaking furtrier, unless permission to continue or again address the Commission is granted by a majority vote of the Commission members present. APPELLATE PROCEDURES Please be advised that if a person decides to appeal any decision made by the City Commission with respect to any matter considered at this meeting, such person will need to ensure that a verbatim record includes the testimony and evidence upon which the appeal is based. The City neither provides nor prepares such record. 100 NW 1st Avenue Delray Beach, Florida 33444 The City will furnish auxiliary aids and services to afford an individual with a disability an opportunity to participate in and enjoy the benefits o£ a service, Phone: (561) 243-7000 program, or activity conducted by the City. Contact Doug Smith at 243-7010, Fax: (561) 243-3774 24 hours prior to the event in order for the City to accommodate your request. Adaptive listening devices are available for meetings in the Commission Chambers. 1. ROLL CALL, 2. INVOCATION. 3. PLEDGE OF ALLEGIANCE TO THE FLAG. 4. AGENDA APPROVAL. 5. APPROVAL OF MINUTES: A. February 16, 2010 -Regular Meeting 6. PROCLAMATIONS: A. All People's Day -March 22, 2010 B. Recognizing American Red Crass Month --- March 2010 7. PRESENTATIONS: A. Recognizing and commending Developer Fxank McKinney and Delray Beach Fire Rescue Employees: Chief Edward Crelin, Lieutenant Steven Moews, Lieutenant Edmund Beardsley and Paramedic Gregory Tabeek for their aid and support with Haiti Relief Efforts. B. RESOLUTION NO: 03-10: Approve Resolution No. 03-10 recognizing and commending Scott Lansford for 30 years of dedicated service to the City of Delray Beach. S. CONSENT AGENDA: City Manager Recommends Approval. A. PROPOSAL/STATE OF FLORIDA'S BUREAU OF _ _HIrSTORTC PRESERVATION: Authorize staff to submit a proposal to the State of Florida's Bureau of Historic Preservation to host up to three {3) statewide Certified Local Government {CLG) training programs. B. HOLD HARMLESS AGREEMENT/R.LS PROPERTIES, INC./TD BANK: Approve and authorize a Hold Harmless Agreement between the City and R.I.S. Properties, Inc. to install an irrigation line within the Florida Department of Transportation right-of--way along S.E. 5th Avenue (south bound Federal Highway) far TD Bank located at 9G9 S.E. 5th Avenue. C. ACCEPTANCE OF A RIGHT-OF-WAY DEED/STAKLER__HOLDINGS, LLC/ PUTT'N AROUND DELRAY BEACH: Approve and accept aright-of way deed with Stakler Holdings, LLC. for Putt'n Around Delray Beach located at 350 and 362 N.E. 5th Avenue. 03/02/2010 -2- D. INT.F..RLOCAL AGREEMENT/PALM BEACH COUNTY: Approve a new Interlocal Agreement between the City and Palm Beach County to reimburse the City $250,000.00 for the installation of the trombone mast arms at the intersection of West Atlantic Avenue and S.W./N.W. 12th Avenue. E. AMENDMENT NO. 2 TO THE COMMUNITY DEVELOPMENT BLOCK GRAN (CDBG) ED CEN ER AGREE,,., ,.__- MENT: Approve Amendment No. 2 to the CDBG Agreement between the City, the Delray Beach Community Redevelopment Agency (CRA) and The Center for Technology, Enterprise and Development, Inc. (TED Center) to provide business incubator and technology services to residents and businesses located within the CDBG target area and CRA District. Funding is available from 118-1966-554-83.01 (Neighborhood Services/Other Grants and Aids). F. INTERLOCAL AGREEMENTLCOMMUNITY REDEVELOPMENT AGENCY (CRA)/SEACREST ATHLETIC FACILITY: Approve an Interlocal Agreement between the City and the CRA to provide funding for athletic facility improvements. G. LICENSE AGREEMENT/PREP AND SPORTS INC. ~k/a XPE SPORTS): Approve a license agreement with Prep and Sports, Inc. (a/k/a XPE Sports} fox use of a portion of the Soccer Complex. H. RESOLUTION NO. 05-10: Approve Resolution No. 05-10 authorizing the City of Delray Beach to participate with the City of Boynton Beach to initiate the negotiation process for an Interlocal Service Boundary Agreement with Palm Beach County. I. RESOLUTION NO. 06-10: Approve Resolution No. OG-10 urging the Florida Legislature to adopt legislation authorizing the use of red light cameras by local governments. J. RESOLUTION NO. 07-10: Approve Resolution No. 07-10 urging the Florida Legislature to support continued funding of the Ecosystem Management and Restoration Trust Fund to support beach erosion control projects. K. RESOLUTION NO. 08-10: Approve Resolution No. OS-10 urging the Florida Legislature to adopt legislation fuxther regulating the dispensing of prescription drugs. L. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period February 16, 2010 through February 26, 2010. M. AWARD OF BIDS AND CONTRACTS: Contract award to Odums' Sod, Inc. in the amount of $22,715.90 fox replacement of sod at Old School Square. Funding is available from 001-4131- 572-52.26 (General Fund: Operating Supplies/Gardening Supplies). 03/02/2010 -3- 2. Contract award to PLAE Performance Sports Flooring in the amount of $42,500.00 for the installation of a synthetic turf practice area at the Seacrest Soccer Complex. Funding is available from 334-4151-572-63.81 (General Construction Fund: Improvements Other/Other Parks-Citywide}. Purchase award to multiple vendors in the total cost of $792,226,00 for the purchase of twenty-six (26) replacement vehicles based on age and life to date maintenance cost. Funding is available from 501-3312-591-64.20 (Garage Fund: Machinery/ Equipment/Automotive). REGULAR AGENDA: A. WAIVER RE UESTS PUTT'N AROUND DELRAY BEACH: Consider seven waiver requests associated with the development of a miniature golf course for Putt'n Around Delray Beach, located at 350 and 362 N.E. 5th Avenue. (Quasr;judreYa! Hearrtrg) B. NOTE MORTGAGE MODIFICATION AND SUB RDINATION AGREEMENT -AUBURN TRACE LTD,: Consider approval of a Note, Mortgage Modification and Subordination Agreement between the City of Delray Beach and Auburn Trace, Ltd. C. REQUEST„ , FOR,,_ ,_,,, PROPOSAL (RFP) FOR PUBLIC SAFETY SOFTWARE: Consider authorizing staff to enter contract negotiations with SunGard and Firehouse for a new Public Safety Software system; contingent upon completion of an additional site visit fox the Firehouse portion of the contract (RFP 2010-05). D. REOU,FST,, ,,,,,,,,,,,_,nIRECTION REGARDING A DESIGNEE/WASTE MANAGEMENT INC: Provide direction and determine who will serve as the City's designee for review of records of services provided under the City's Solid Waste, Vegetative Waste and Recycling Collection Franchise Agreement with Waste Management Inc. of Florida. E. APPOINTMENT TO THE DELRAY BEACH HOUSING AUTHORITY: Appoint one (1) regular member to the Delray Beach Housing Authority to serve a four (4) year term ending March 6, 2014. Based on the rotation system, the appointment will be made by Commissioner Gray (Seat #4}. F. APPOINTMENT TO THE GREEN TASK FORCE: Appoint one (1) alternate member to the Green Task Force to serve an unexpired term ending July 31, 2011. Based on the rotation system, the appointment will be made by Mayor McDuffie (Seat #5). G. APPOINTMENT TO THE NEIGHBORHOOD ADVIS RY COUN IL• Appoint one {1) student member 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). 03/02/2010 -4- H. APPOINTMENT TO THE BOARD OF AD,~USTMENT: Appoint one (1) alternate member to the Board of Adjustment to serve an unexpired term ending August 31, 2011. Based on the rotation system, the appointment will be made by Commissioner Fetzer (Seat #2). 10. PUBLIC HEARINGS: A. ORDINANCE NO. 07-10: Consider modification of Midtown Delray SAD {Special Activities District} Ordinance No. 46-07 to allow fora 1,088 sq. ft. increase in the floor area for the Midtown Medical Building, modifying the parking requirements for such S.A.D. and limiting the office square footage based on floor levels; and amending the Land Development Regulations Section 4.4.25(G), "S.A.D.s," Subsection {10), to reference Ordinance 07-10. (Quasi: judicial Hearing) 11. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS FROM THE PUBLIC- IMMEDIATELY FOLLOWING PUBLIC HEARINGS. A. City Manager's response to prior public comments and inquiries. B. From the Public. 12. FIRST READINGS: A. None 13. COMMENTS AND INQUIRIES ON NON~AGENDA ITEMS. A. City Manager B. City Attorney C. City Commission POSTED: FEBRUARY 26, 2010 03/02/2010 -5- FEBRUARY 16, 2010 A Regular Meeting of the City Commission of the City of Delray Beach, Florida, was called to order by Mayor Nelson S. McDuffie in the Commission Chambers at City Hall at 6:00 p.m., Tuesday, February 16, 2010. 1. Roll call showed: Present - Commissioner Gaxy P. Eliopoulos (arrived at 6:07 p.m.} Commissioner Fred B. Fetzer Commissioner Adam Frankel Commissioner Angeleta E. Gray Mayor Nelson S. McDuffie Absent - None Also present were - David T. Harden, City Manager Robert A. Barcinski, Assistant City Manager Brian Shutt, City Attorney Chevelle D. Nubin, City Clerk 2. The opening prayer was delivered by Reverend Kathleen Gannon with St. Paul's Episcopal Church. 3. The Pledge of Allegiance to the flag of the United States of America was given. 4. AGENDA APPROVAL. Mr. Fetzer moved to approve the Agenda as presented, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mr. Fetzer -Yes; Mr. Frankel - Yes; Mrs. Gray -Yes; Mayor McDuffie -Yes. Said motion passed with a 4 to 0 vote. S. APPROVAL OF M~NT]TES: Mrs. Gray moved to approve the Minutes of the Annual Citizen's Roundtable of January 26, 2010, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mr. Frankel -- Yes; Mrs. Gray -Yes; Mayor McDuffie - Yes; Mr. Fetzer -Yes. Said motion passed with a 4 to 0 vote. Mr. Frankel moved to approve the Minutes of the Regular Meeting of February 2, 2010, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mrs. Gray -Yes; Mayor McDuffie -Yes; Mr. Fetzer -Yes; Mr. Frankel -Yes. Said motion passed with. a 4 to 0 vote. 02/16/10 Mrs. Gray moved to approve the Minutes of the Special/Workshop Meeting of February 9, 2010, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mayor McDuffie -Yes; Mr. Fetzer -Yes; Mr. Frankel -Yes; Mrs. Gray -Yes. Said motion passed with a 4 to 0 vote. 6. PROCLAMATIONS: 6.A. Eating Disorders Awareness Week-February 21-27, 201.0 Mayor McDuffie read and presented a proclamation hereby proclaiming the week of February 21-27, 2010 as Eating Disorders Awareness Week. Kimberly Boncsi came forward to accept the proclamation and gave a few brief comments. 7. PRESENTATIONS: 7.A. None 8. CONSENT AGENDA: City Manager Recommends Approval. B.A. FINAL SUBDIVISION PLAT APPROVAL/TURTLE BEACH - SOUTH: Approve the final plat for a three {3) lot subdivision known as Turtle Beach- South, located at 901 and 921 South Ocean Boulevard. 8.B. ACCEPTANCE OF A RIGHT-OF-WAY DEED AND REQUEST FOR SIDEWALK DEFERRAI./1444 PALM TRAIL: Approve and accept aright-of- way deed and a request to defer the installation of a sidewalk along Band Way for the property located at 1000 Palm Trail. 8.C. RESCIND A CONTRACT AWARD TO DACOSTA ENTERPRISES INC. AND AWARD TO MANCIL'S TRACTOR SERVICE, INC.: Approval to rescind the contract award to Da Costa Enterprises, Inc., for construction of the Barwick Road Sidewalk Project #2009-033 due to the contractor's inability to obtain a bond for the project; and approve award of the contract to the 2nd lowest bidder, Mancil's Tractor Service, Inc., in the amount of $34,130.40. Funding is available from 334-3162-541- 63.11 {General Construction Fund: Improvement Buildings-Bikepaths-Sidewalks). S.D. APPROVAL OF POLL WORKERS FOR THE FIRST NONPARTISAN ELECTION: Approve the poll workers for the First Nonpartisan Election to be held on March 9, 2014. S.E. CDBG CONSOLIDATED ANNUAL PERFORMANCE AND EVALUATION REPORT~CAPER): Approve the Community Development Block Grant (CDBG) Consolidated Annual Performance and Evaluation Report (CAPER) for FY 2008-2009 as required by the U.S. Department of Housing and Urban Development for utilization of federal grant funds. 2 02116/ 0 8.F. HOUSING REHABILITATION GRANT/CONTRACT AWARD: Approve one (1} Housing Rehabilitation Grant contract award through the Community Development Division in the amount of $36,219.75 to Cordoba Construction Company, Inc. {140 N.W. 10th Avenue). Funding is available from 118-1963-554-49.19 (Neighborhood Services: Other Current Charges-Housing Rehabilitation). S.G. SPECIAL EVENT RE UEST/lZt~' ANNUAL CINCO DE MAYO FIESTA: Approve a special event request to allow the 12t Annual Cinco De Mayo Fiesta to be held Saturday, May 1, 2010, from 11:40 a.m. - 11:00 p.m., at Old School Square, to grant a temporary use permit per LDR Section 2.4.6{F) for use of the Old School Square Park; to authorize staff support for traffic control and security, trash removal, EMS assistance, signage preparation and installation, and to approve use of the Old School Square parking garage, City generator, the small stage and three (3) sets of bleachers; contingent on the receipt of a hold harmless agreement and receipt of certificate of liability insurance and liquor liability insurance one week prior to the event. 8.II. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period February 1, 2010 through February 12, 2010. B.I. AWARD OF BIDS AND CONTRACTS: 1. Contract award to DCI Systems Group and Atlantic Refrigeration in an amount not to exceed $55,700.00 for air conditioning control system upgrades at the Police Department. Funding is available from 334-2111-521-64.90 (General Construction Fund: Machinery~Equiprnent-Other MachinerylEquipment}. 2. Contract award to Line-Tec in the amount of $61,000.00 for annual water service relocations and water meter replacements. Funding is available from 442-5178-536-49.33 (W & S Renewal and Replacement Fund: Other Current ChargeslOB-Water Service Relocation) and 442-5178-536-3490 {W & S Renewal and Replacement Fund: Other Contractual Services). 3. Contract award to Line-Tec in the amount of $21,457.00 for the relocation of water services as part of the Osceola Neighborhood Redevelopment Plan. Funding is available from 442-5178-536-65.85 (W & S Renewal & Replacement Fund: Other Improvements/Osceola Park}. 4. Purchase award to CDW-G in the amount of $431,319.00 for the purchase of 133 CF-30 Panasonic "Tough-book" laptops for the Police Department. Funding is available from 334-2111-521-64.11 {General Construction Fund: Machinery/Equipment-Computer Equipment). 02/16/10 5. Purchase award to Zoll Medical Corporation in the amount of $24,985.24 for one {1) Zoll E Series Defibrillator/Monitor. Funding is available from 334-2311-522- 64.90 {General Construction Fund: MachineryBquipment-Other MachinerylEquipment}. Mr. Frankel moved to approve the Consent Agenda, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. Frankel -Yes; Mrs. Gray -Yes; Mayor McDuffie -Yes. Said motion passed with a 5 to 0 vote. 9. REGULAR AGENDA: 9.A. REQUEST FOR IN-LIEU PARKING SPACES/ATLANTIC OCEAN CLUB (FIKIA BOB'S FAMOUS BAR}: Consider a request from Atlantic Ocean Club (flkla Bob's Famous Bar) for the purchase of eleven (11) in-lieu parking spaces in the amount of $171,600.00. Atlantic Ocean Club is located at 217 East Atlantic Avenue. (Quasi-Judicial Hearing) Mayor McDuffie read the City of Delray Beach procedures for aQuasi- Judicial Hearing into the record for this item and all subsequent quasi judicial items. Chevelle D. Nubin, City Clerk, swore in those individuals who wished to give testimony on this item. Mayor McDuffie asked the Commission to disclose their ex pane communications. Mr. Frankel stated this afternoon he spoke to Bob Currie. Mrs. Gray stated she had no ex parte communications to disclose. Mr. Eliopoulos stated he received a telephone call from Attorney Michael Listick and Bob Currie; however, he did not get a chance to speak to either one of them. Mr. Fetzer stated he met with the owner of the building and also with Attorney Michael Listick, Bob Currie, and the Applicants. Scott Aronson, Parking Management Specialist, stated the proposal includes 1,815 square feet of new restaurant floor area providing a 924 square foot mezzanine and 891 square foot addition to a previously approved rooftop area. Mr. Aronson stated the proposal also includes a 2,812 square foot office to replace the second floor approved one bedroom residential unit and was restaurant approved on the other half of the second floor. He stated LDR Section 4.6.9(B)(1}(c} and {d} require that parking be provided for the changes of use or additional floor areas and the LDRs require six spaces per 1,000 square foot of total floor area for restaurants, one space per 300 square feet for the office. He stated the new floor area requires 10.89 and the conversion of the floor area for the office replacing the apartment and restaurant requires an additional 22 spaces when it averages out which is a requirement of just over 11 parking spaces which rounds down to 11. The subject property is located in area II and the cost is $15,600.00 per space for a total of $171,600.00 which will likely be paid via an In-Lieu of Parking Fee Payment Agreement as the owner will be securing the property. Mr. 4 02/16/10 Aronson stated if the owner has not at the time the payment is due, it is due in full upon issuance of a building permit. Mr. Aronson stated in 2001 when the Richwagen Bike Shop and former Power's Lounge was there, Bob's Famous Bar had come in for their original site plan and they were going to have a 2,$29 square foot restaurant along with the apartment, etc. In 2007, a request was made to expand the approved restaurant by placing a 1,161 square foot expansion on the rooftop and those seven parking spaces were also approved and paid for. In 2008, an additional space was required for a backflow preventer that was placed in a landscape island adjacent to the parking lot. Mr. Aronson stated it was in a three foot island which was xeduced by waiver. The City felt that the backflaw preventer was too close to traffic in the alley so they had to expand the landscape island which lost one of the spaces. The property has already been approved for ten in-lieu parking spaces. Staff is concerned with the number of in-lieu parking spaces that will ultimately be approved for this property if approved which would be 21 spaces. Staff understands that the in-lieu program was designed to help businesses do some conversions of use throughout the downtown or expand their floor areas but the concern is with the intensity of the number of in-lieu spaces in this one property. He stated to their credit they have 13 parking spaces on-site which is a rare commodity in the downtown area. Mr. Aronson stated staff has experience with some of the larger in-lieu of requests where it does create a negative impact to the surrounding businesses as their overflow and employees get there early and use the spaces. For example, shortly after Mellow Mushroom opened complaints, started coming in from the surrounding restaurants whose customers used that parking lot frequently and now were complaining that they could not find parking spaces. Mr. Aronson stated that negative impact has been shown and additionally the Cluster Study that was adapted in 2004 cautioned the City about the mix of restaurants versus offices in the downtown. He stated staff appreciates the second floor conversion to office with the computer business because it sounds like a great plan; however, staff has concerns with the 4,612 square feet of restaurant that would be approved here. At its meeting of January 26, 2010, the Parking Management Advisory Board (PMAB) recommended approval with a condition that the applicant secure a minimum of 11 parking spaces that were tied to the restaurant to provide parking that is not provided. Mr. Aronson stated the applicant agreed to that and they stated in their presentation that the owner was working nearby property owners to try and secure more parking and the PMAB imposed that condition on the application. At its meeting of January 28, 2010, the Community Redevelopment Agency {CRA} recommended approval with a 5 to 2 vote and at its meeting of February 8, 2010, the Downtown Development Authority (DDA) recommended approval with a S to 1 vote. Staff recommends denial of this request because of the concern over the intensity with that number of spaces on this property. Michael Listick, Attorney with Listick & Kroll, P.A., 190 S.E. 5th Avenue Delra Beach FL 33483 re resentin the A licant stated the Cluster Study that Mr. Aronson mentioned talks in terms of not adding more restaurants than necessary. However, Mr. Listick stated this is already approved for two restaurants and a standup bar on the roo£ He stated when you analyze the number of customers who will S ozn6~la be utilizing the building at one time it will be two restaurants and an office so the actual number of people will be less. Mr. Listick stated we are not adding restaurants we are taking away restaurants in this project and reducing the number of people that will be in this building. He stated the second floor office is a sophisticated use and is a high tech company. Mr. Listick commented on staffs reference to LDR Section ~.6.9(E)(3) and the words "floor plans provided by the applicant." Staff is suggesting that this section should prevent you from authorizing an in-lieu fee but in fact LDR Section 4.6.9(E}(3) allows the City Commission to approve payment of a fee in-lieu of providing required parking if it finds it is impossible or inappropriate to provide the required spaces. Due to site constraints, it is impossible to provide additional on-site parking. Mr. Listick stated this is an opportunity to be consistent with the Code and the Comprehensive Plan. He stated the Future Land Use Element of the Comprehensive Plan talks about managing growth and preserving the charm of the downtown. Mr. Listick stated having the office is consistent with that and having a sophisticated restaurant on the top floor instead of a standup bar is consistent with that as well. He stated the Comprehensive Plan also states that we should be providing incentives for locating retail or restaurants as commercial on the ground floor and offices on the second floor or residences on the second floor. Mr. Listick stated this is not a good location for a residence but is a great location for an office. Mr. Listick stated the Comprehensive Plan also states to accommodate parking needs through innovative actions. Mr. Listick stated the applicant is willing to pay $171,600.00; he also would like some parking off-site. Mr. Listick stated he has signed a contract for property two blocks north of Atlantic Avenue two doors from Mr. Currie's office and will accommodate 11-12 spaces. Mr. Listick stated the ground floor was approved as a restaurant {14 foot high ceiling) and it does not work because it is too small and it is awkward looking. He stated the plan is to add a mezzanine on the first floor. Mr. Listick stated the owner felt that he wanted to spend the money and give a little pizzazz on the first floor and the second floor was a restaurant and an apartment. He stated the apartment is ridiculous and the restaurant is eliminated and therefore the second floor is going to be an office use. Mr. Listick reiterated that this is a hi-tech company moving from Soca Raton and they are going to be bringing highly paid employees. Fraucisco Perez-Azua, Economic Development Director, stated from the Economic Development standpoint this is a great project and the Cluster Study does state that you do not want to lose retail space but this space is already approved as a restaurant. Mr. Perez-Azua stated they want they want to eliminate a restaurant from the second floor and eliminate an apartment so they can add office space. He stated office space brings workers in the city year round and support the other businesses along Atlantic Avenue. Mr. Perez-Azua stated they want to expand the bar on the third floor and add a kitchen and bathrooms. He stated they will improve the building, pay $171,600.00 for the eleven (11 } parking spaces, and they want to bring people in to support the businesses in the downtown. 6 02/16/10 Mayor McDuffie stated if anyone from the public would like to speak in favor or in opposition of the request for in-lieu parking spaces, to please come forward at this time. There being no one from the public who wished to address the Commission, the public hearing was closed. There was no cross-examination or rebuttal. Mr. Fetzer asked if the developer is still willing to provide the eleven (11} remote parking spaces. Mr. Listick stated he has a signed contract for the property that he described. Brief discussion between Mr. Eliopoulos and Bob Currie, Architect, followed. Mr. Eliopoulos asked what the height is underneath the mezzanine. Mr. Currie stated the height underneath the mezzanine is T 2". Mr. Eliopoulos stated he supports this based on the fact that they are buying off-site parking. Mr. Fetzer stated he understands staff s recommendations. Mr. Fetzer stated he feels this is a good project for downtown and is good for economic development. He stated he believes the Cluster Study is important and we need to follow it as much as possible but we also need to provide flexibility in any kind of plans like that to allow far good projects. Therefore, Mr. Fetzer stated he supports the project with the condition of the off-site parking. Brief discussion followed between Mrs. Gray, Mr. Listick, and the developer. Mrs. Gray stated this building has been empty for several years and she supports the project. Mr. Frarilcel stated he appreciates the work staff has done. He stated this building has been empty for the last three years and thinks it is great that someone has taken the initiative to want to make a restaurant and office space that is unique to anywhere on the Avenue. Mayor McDuffie stated he too appreciates what staff has done. Mayor McDuffie stated the Commission is very active in economic development to try and fnd ways to brings business to downtown. He stated this building has been empty for three years plus brings a new business to help the vibrancy of the downtown and one of the most difficult things that the Commission has had to do is to encourage and bring new office business to downtown Delray Beach. Mr. Aronson asked who will be using the eleven (11) off-site parking spaces. Mr. Currie stated the owner will be using these spaces for his employees. 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). 7 02/16/10 Mr. Fetzer moved to adopt the Board Order with the condition that the eleven (11) parking spaces be provided off-site, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mr. Fetzer -Yes; Mr. Frankel -Yes; Mrs. Gray Yes; Mayor McDuffie -~ Yes; Mr. Eliopoulos -Yes. Said motion passed with a 5 to 0 vote. 9.B. APPEALISITE PLAN REVIEW AND APPEARANCE BOARD ACTIONSICAFE MOLA: Consider an appeal of the Site Plan Review and Appearance Board's decision requesting that the rear handicap parking space be converted into a loading space for Cafe Mola located at 165 N.E. 2nd Avenue. (Quasi-Judicial Hearing) Chevelle D. Nubin, City Clerk, swore in those individuals who wished to give testimony on this item. Mayor McDuffie asked the Commission to disclose their ex parte communications. The Commission had no ex parte communications to disclose. Paul Dorling, Director of Planning and Zoning, entered the Planning and Zoning Department project file #2009-241 into the record. Mr. Dorling stated the subject property is off Pineapple Grove Way north of Atlantic Avenue on the east side. On January 27, 2010, the Site Plan Review and Appearance Board (SPRAB) considered a Class 111 site plan, landscape plan, and architectural elevations associated with the conversion of this space from a retail space to a restaurant (&24 square feet}. Mr. Dorling stated during that review the SPRAB approved the project with the condition that the proposed handicapped space which was proposed to the rear of the site be converted to loading space. This Commission appealed the approval and the basis of the appeal is that the action taken by the SPRAB was based on an inappropriate interpretation of LDR Section 4.6.9(C)(1}(b) and Ordinance No. 29- 01. He stated LDR Section 4.6.9(C)(1j(b) requires that parking be provided and that handicapped spaces be provided subject to the provisions of the Florida Accessibility Code for building construction. In addition, Ordinance No. 29-01 was passed by the City Commission several years ago which required any parking lots that were currently in existence and were unpaved, that they would have to come into compliance within three years. Mr. Dorling stated that applies to this site as well. He stated the parking requirement under Ordinance No. 29-01 that has existed far many years needs to be converted to a paved parking lot. Mr. Dorling stated the actual conversion is eligible far a one time parking reduction so the actual conversion is not the item that is requiring the handicapped space but the actual Ordinance No. 29-01 which requires the previous parking lot to came into compliance. He stated in doing so there is the ability to provide one handicapped space. Therefore, Mr. Dorling stated pursuant to the City's LDRs and Florida Accessibility Code, a parking lot must be provided and a handicapped space must be provided. Mr. Dorling stated he believes SPRAB made an error in their changing of the condition to say that we should allow it to be a loading space because it actually does not meet the City's Code and it does not meet the Florida Accessibility Code as well as the Federal Requirements for handicapped spaces. Staff recommends that the o2n6I10 Commission uphold the appeal; eliminating the condition of approval that required the conversion of that required handicapped space into a loading area. Mr. Dorling stated staff has talked to the applicant and he does not have any concerns whether it is a loading area or a handicapped space and prefers to stay with the plan that was initially brought forward to SPRAB. Mayor McDuffie stated if anyone from the public would like to speak in favor or in opposition of the appeal, to please come forward at this time. There being no one from the public who wished to address the Commission, the public hearing was closed. There was no cross-examination or rebuttal. Brief discussion followed between Mayor McDuffie and Mr. Dorling. The City Attorney briefly reviewed the Board Order with the Commission who made findings according to their consensus (attached hereto is a copy and made an official part of the minutes). Mr. Eliopoulos moved to adopt the Board Order (overturning SPRAB's condition), seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mr. Frankel -Yes; Mrs. Gray -Yes; Mayor McDuffie -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes. Said motion passed with a 5 to 0 vote. 9.C. WAIVER RE UEST/309 S.W. $-ra AVENUE: Consider a waiver request to Land Development Regulations (LDR) Section 4.1.4(D), "Use of Lots of Record", and Land Development Regulations {LDR) Section 4.7.12, "Other Incentives", governing the use of lots between 40 and 50 feet in width under the Workforce Ordinance far one parcel located at 309 S.W. 5th Avenue submitted for permitting by the Community Land Trust (CLT). (Quasi-Judicial Hearing) Chevelle D. Nubin, City Clerk, swore in those individuals who wished to give testimony on this item. Mayor McDuffie asked the Commission to disclose their ex parte communications. The Commission had no ex pane communications to disclose. Lula Butler, Director of Community Improvement, stated this item is consideration of a waiver to Sections 4.1.4(D) and 4.7.12 Other Incentives, governing the use of lots between 40 and 50 feet in width under the workforce ordinance. Mrs. Butler stated the property is located at 309 S.W. 5th Avenue and it has been acquired by the Community Land Trust. The conta•act is going to a local contractor and atwo-story single family home will be built on this lot. She stated it does not meet with the design guidelines specified under the workforce ordinance and therefore staff is a requesting a waiver to that section so they can move forward and build this house that qualifies under the City's Building Code. 9 02/16/10 Mr. Eliopoulos asked how they are non-conforming. Mrs. Butler stated the workforce ordinance contains very specific designs for lots of records that are less than 50 feet and this section of the Code needs to be amended to remove those because of the cost. The City Manager stated the ordinance requires the garage to be accessed from the alley and the rear, and this has the access off the street in the front. Mrs. Butler stated there are no improved garage alleys in this area. Mayor McDuffie stated if anyone from the public would like to speak in favor or in opposition of the waiver request, to please come forward at this time. There being no one from the public who wished to address the Commission, the public hearing was closed. The City Attorney briefly reviewed the Board Order with the Commission who made findings according to their consensus {attached hereto is a copy and made an official part of the minutes). Mr. Frankel moved to adopt the Board Order as presented, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mrs. Gray -Yes; Mayor McDuffie -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. Frankel -Yes. Said motion passed with a 5 to 0 vote. 9.D. BID AWARD/HARDRIVES, INC.: Consider approval of a bid award to Hardrives, Inc. in the amount of $110,264.40 for the construction of Douglass Avenue. Funding is available from 118-1965-554-63.11 {Neighborhood Services: Improvements- Other- Bikepaths/Sidewalks] and 441-5161-536-68.2$ (Water and Sewer Fund: Improvements Other-Douglass Avenue). Randal Krejcarek, City Engineer, stated this item is for a bid award of a construction contract to Hardrives for the paving in the sanitary sewer installation along Douglass Avenue in the Southridge neighborhood. Mr. Krejcarek stated last June staff brought forward to Commission the request to set up a special assessment district and assess the cost of the road back to the property owners. He stated there was some opposition from the neighborhood about the assessment district and it was voted down. Mr. Krejcarek stated after that he and Lula Butler, Director of Community Improvement, discussed other ways to possibly fund this project to get that road paved. He stated some grant funding became available that would pay 100% of the road costs (the sewer is coming from the Water & Sewer Fund not the General Fund). Mr. Krejcarek stated staff advertised this and Hardrives was the low bidder. Staff recommends awarding the bid award to Hardrives. Mayor McDuffie stated at the discretion of the Commission this item is opened for public comment. 10 02/16/10 Pablo del Real, 521 Southridge Road, Delray Beach, FL 33444, stated the approval of the bid to pave this road. presents a few problems for the neighborhood and Southridge is unique in that it is a dead end because somebody put a fence across the middle of the street. Mr. del Real stated the neighbors on the other side of Southridge Road (Woods of Southridge) got together and put up a fence across the middle of the street which is still there. He stated they created a dead end on aright-of--way with no City approval as far as he knows and there is no passage to Southridge Road. Mr. del Real stated in Tune 2009 the residents came before the Commission when they learned the City wanted to build a road called Douglass Avenue proposed to come off Southridge Road. He stated the fence cuts off Douglass Avenue from being continued. Mr. Del Real stated the neighborhood is excited that the City wants to improve the neighborhood but they have a different priority and would like to see something done that is going to benefit everybody in the neighborhood. He stated at that time they felt the City owned land that is slated to be a park would be the greatest benefit to the neighborhood not a street. Mr. del Real stated they were not opposed to the assessment or to the road but suggested if the City wants to know how to improve the neighborhood he urged the City to talk to the residents. Mr. del Real stated the solution they are proposing is if there is money available for a paving project to spend that money on paving Zeder Avenue located south of Southridge Road and it would connect where that fence is and give the trash trucks and fire trucks circulation. He submitted a petition signed by approximately SO-90% of the residents requesting that the City consider the paving of Zeder Avenue. Bill Mandel 119 South Lon ort Circle Delra Beach FL 33444 (speaking o~ behalf of himself and two other neighbors), stated he would have lived on Douglass Avenue if he could have gotten a permit to build a house there when he bought the land but he has been held up for 4 % years. He stated they own a total of 11 lots with no access to them not even a gravel road. Mr. Mandel stated they have been working with the City Engineer trying to get a road built and read a letter into the record from the Southridge Road Homeowners Association. He stated they have plans to build 5-8 higher end homes and improve the neighborhood. Mr. Mandel stated the lot is currently vacant and he spends money cleaning up broken glass and it is a dump site. He stated the City has designed a cul-de-sac so the vehicles can drive in and turn around and come back out and will also bring revenues assuming the economy straightens up a little bit if they can put nicer homes and improve the entire neighborhood. Mr. Mandel stated the other neighbors own lots and they have no access or no value if you cannot get to it and you cannot build on it. Andrew Fong (nei~hbar of Pablo del Real}, stated he is not necessarily opposed to this road right now but they are looking to support the neighbor in making it a safer place. Lucia Ortiz, 1120 S.W. 6tb Avenue, Delray Beach, FL 33444 (lived in Delray Beach for approximately 30 years}, stated she has seen. the improvement of Delray Beach but has also waited for so long to have this road paved. Ms. Ortiz expressed concern that the residents cannot construct anything or sell their properties because no one will buy any lots that do not have a way to go in or out. She stated she 11 02/16/10 hopes the Commission will use good judgment and appreciates everything the Commission is doing. Resident of Southrid a name and address unknown expressed concern over the lots and does not know why there is no access or chance to build nice homes. He stated he bought a lot because he would like to have a house. Santalicia Martinez 414 Southrid a Road Delra Beach FL 33444 stated he likes Delray Beach and supports this project. Pauline Mood 6Q9 S.W. $#h Avenue Delra Beach FL 33444 asked where Douglass Avenue is going to be located and commented on the repaving of the road. The City Manager stated this part of Douglass Avenue has never been built and if you went out and looked at it you would not know that there is a platted street there. He stated it runs north and west of Southridge Road west of S.W. 4th Avenue. Ms. Moody commented that if the road has to be paved then people that live there will have access to their homes as well. El Dora Garcia 521 Southrid a Road Delra Beach FL 33444 her daughter spoke and stated that road has a lot of wildlife and it could potentially hurt the wildlife and makes for a dangerous crossing for the kids who come home alone from Pine Grove Elementary School in the afternoons. There being no one else from the public who wished to address the Commission, the public hearing was closed. The City Manager stated based on the input the City received when they had the hearing on the assessment staff put in this year's budget the planning dollars for the park and started working toward building the park that the neighborhood has requested. Mayor McDuffie asked staff to explain the legality of putting a fence on Southridge Road. The City Manager stated the Woods of Southridge was developed in the County and the fence was already in existence when the property was brought into the City. Mr. Krejcarek stated the fence went up in the 1970's and there was also a street that was abandoned called Central Avenue that was perpendicular to Zeder Avenue, Southridge Road, and Douglass Avenue. Mr. Frankel asked why the fence is still up. The City Manager stated if the fence were not there you would have a problem with cut-through traffic going from 4th over to Linton Boulevard to avoid the light. The City Manager stated he is sure this is why the fence was put up; however, staff has not been able to find out whether it is legally possible to take it dawn or not. 12 02/16/10 Mr. Eliopoulos asked when staff plans to pave Zeder Avenue. Mr. Krejcarek stated in 2000 when the City had the Road Bond Program the City locked at several unpaved roads and developed plans far those roads. He stated that is when the City did the design far Douglass Avenue and staff Weser proceeded with that project at that time because they limited the paving of unpaved roads to those roads where there was actually a structure and people were taking access. Mr. Krejcarek stated another road in this area that was also on the list was Southridge Road which was paved from the Road Bond in 2000. He stated as time went an and the property owners on Douglass Avenue came to the City requesting that they wanted to develop their homes and received the response that the City would have to put the road in. Mr. Krejcarek stated as staff got to discussing what the options are that is haw staff came to the Commission in June with the assessment option. The City Manager stated the Southridge Redevelopment Plan for this area calls for Zeder Avenue to be paved. Mr. Eliopoulos stated he is in favor of doing a park but at the same time he feels it is the City's obligation to pave Douglass Avenue. Mrs. Gray supports paving the road. Mr. Frankel stated the last time this issue was discussed it seemed clear that the community did not want to pay far it. He commended City staff for obtaining funding and to take funding to do this improves the neighborhood. Therefore, Mr. Frankel stated based on staff acquiring funding he supports paving the road. Mr. Fetzer stated he walked this neighborhood to get a better feel for this. He stated there is a need to do both streets; however, the City only has the funding to pave one street. Mr. Fetzer stated he supports what the Southridge Road Homeowners Association proposes which is to make Zeder Avenue the first priority in doing this. Therefore, Mr. Fetzer stated he does not support this project. Mayor McDuffie stated he agreed with the neighborhood when they did not wish to be assessed for this because he feels it is their prerogative not to pay for the road. He stated now that the City has funding for the road he supports building the road. Mr. Krejcarek stated in June when staff brought the assessment district before the Commission, none of the property owners that were going to be assessed were at that meeting but it was the other neighbors that were at that meeting. Mr. Krejcarek stated staff did program money to start the design for the park within that neighborhood also. Mr. Eliopoulos moved to approve bid award to Hardrives, lnc., seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mayor McDuffie -- Yes; Mr. Eliopoulos -Yes; Mr. Fetzer - No; Mr. Frankel -Yes; Mrs. Gray -Yes. Said motion passed with a 4 to 1 vote, Commissioner Fetzer dissenting. 13 02/16/10 At this point, the time being 7:20 p.m., the Commission moved to Item 11, Comments and Inquiries on Non-Agenda Items from the City Manager and the Public. 11.A. City Maua~er's response to prior public co~nn~nents and inquiries. The City Manager stated at the last meeting it was pointed out that some communities use markers in the sidewalk for outdoor dining spaces to identify the boundaries to keep the five foot access way open. He stated the City's LDRs formerly require the use of such markers; however, one of the problems the City experienced is with the brick sidewalks the markers were not clearly visible at night making the job of enforcement much more difficult. The City Manager stated the City amended the LDR in 2005 to require the sidewalk cafe area to be segregated from the pedestrian pathway by means of barriers such as planters, railings, or similar movable fixtures or other clearly visible demarcation. He stated businesses are required to provide this information as part of the application reviewed annually; however, staff believes it would be beneficial to amend the Code to perhaps require a specific marker that would assist our enforcement efforts since in some instances we have found the barriers moved to expand the sidewalk area without prior approval. The City Manager stated staff will process the appropriate amendment through the Planning and Zoning Board to the Commission by April this year. 11.B. From the Public. 11.B.1. A_1 Hincken, 775 N.W. 32°~ Avenue, Delray Beach, FL 33445 {moved to Delray Beach 7 years ado), stated the volunteers axe making this city what it is. Mr. Hincken asked why Marjorie Ferrer's contract has not been signed and feels that we are going to lose the best thing that ever happened to this city. He stated the volunteers all know one another and support each other. Mr. Hincken stated when people disrespect Marjorie Ferrer they are disrespecting all the volunteers as well. He believes the City will have a hard time replacing the volunteers. Mr. Hincken stated that a former Mayor made comments in the newspaper impugning the character of Marjorie Ferrer and he feels this is horrendous. 11.B.2. Joy Binkovitz, 5220 Bode~a Place, Delray Beach, FL 33484, belongs to Sunrise Rotary and noted Sunrise Rotary raises money to better lives of people in this city and they have given scholarships to students from Atlantic High School. She stated without the help of Marjorie Ferrer for the fourth of July weekend in positioning them in a goad place, seeing that their needs were met, and putting them in touch with the right people to see that their needs were met so that they could sell water to make a profit, they would not have been successful. Ms. Binkovitz stated Mrs. Ferrer has done nothing but good things for the Rotary. 14 02/16/10 11.B.3. Leon Amernick. 1435 S.W. 27#~ Avenue #104, Delrav Beach, FL 33435, stated he has been a resident of Delray Beach since 1991 and is a volunteer. Mr. Amernick stated it is incumbent upon the City of Delray Beach to retain Marjorie Ferrer to handle the affairs of all the volunteers. He stated if we lose Mrs. Ferrer to another community we have lost a jewel. 11.B.4. Bernard Solomon, 345 N.W. 46~h Avenue, B, Delray Beach, FL 33445 (snowbird but also comes from an All A~uerica City), read into the record an email he sent to the City Commission regarding Marjorie Ferrer. 11.B.5. Pauline Moody, 609 S.W. $~~ Avenue, Delrav Beach, FL 33444 thanked the City for cleaning up the sidewalks on the corner of Dixie Highway and 10~ Ms. Moody stated there are serious problems with drug addicts sitting on the corner of S.W. 8th Avenue and S.W. 6th Street and stated this is happening during school hours and in the evening. She stated this has been an ongoing problem that she has called the Police Department about. Ms. Moody commented about a situation with a cemetery employee walking across the street to buy drugs and had presented a photograph of this person to Mayor McDuffie. She stated when the police come these people run into the house on the corner of S.W. Sth Avenue and S.W. 6th Street {house #725). Ms. Moody stated there are buses in this neighborhood that pick up handicapped children in her neighborhood. Ms. Moody stated she wanted to bring this to the attention of the Commission so the City can get this cleaned up. 11.B.6. Clifford Wright, 3930 Lowson Boulevard, Delray Beach, FL 33445 and owns a business at 401W. Atlantic Avenue, stated about a year ago the Commission met at St. Paul's Episcopal Church and one of the things the Commission said was that they would make sure that local contractors in this area would be looked at first before passing contracts on to other vendors out-of--state and outside the city. Mr. Wright stated at that time Mrs. Gray was not in office but that the rest of the Commission made this commitment. Mr. Wright stated he hopes the Commission lives up to their commitment to the public especially to the people in the northwest and southwest communities. 11.B.7. Kathryn Olson, 440 Sherwood Forrest Drive, Delrav Beach, FL 33445, stated her family has been in Delray Beach since 1953 and has seen many changes in this city for the good and bad. Ms. Olson stated she has seen the city almost implode in the 60's and 70's and she has seen it come back to where it is now which is a wonderful place to live. Ms. Olson stated she has spent over 30 years in a Fortune 100 company in sales and marketing and through that experience she learned that when you are marketing your city you build relationships and you network. Ms. Olson stated that is how you get people to come to this city not just citizens but also companies, vendors, and people for tourism and that is a relationship that is built up over time. Ms. Olsen expressed concern over the City's process in the way that Marjorie Ferrer's contract is being handled_ 15 02/16/10 Mr. Fetzer stated the volunteers in Delray Beach is what has really set us apart in so many ways and thanked everyone for what they do. Mr. Fetzer stated Marjorie lwerrer is employed with the Downtown Marketing Cooperative (DMC) Board of Directors who is made up of six people. He stated these six people represent four different organizations: (1) the City {Robert Barcinski), (2) two CRA members that are on the Board, (3) one member from the DDA (Michael Listick, President), (4) two representatives from the Chamber of Commerce {Dr. Jay Alperin and was Bill Wood before he retired and is now Michael Malone, new President of the Chamber). Mr. Fetzer stated he was told today that Marjorie was offered a four month extension on the contract and normally it is a one year contract that is agreed to and signed. He stated he understands that there has been asub-committee of this Board organized that has a report due back on February 25th. Mr. Fetzer asked the volunteers to bear with the Commission until the Board can try to take action on this and there are some things that are being worked on to try and get all this resolved. At this point, the time being 7:40 p.m., the Commission moved back to Item 9.E., of the Regular Agenda. 9.E. SPECIAL EVENT RE UEST/ASIAN FOOD FAIR AND CULTURAL SHOW: Consider approval of a special event request to allow the 7th Annual Asian Food Fair and Cultural Shaw sponsored by the Bangladesh Association of Florida, to be held on March 27-28, 2010 from 12:00 noon until 10:00 p.m. on the grounds of Old School Square and in the Old School Square Park; to grant a temporary use permit per LDR Section 2.4.6(F) for the closure and use of a portion of N.E. 1st Avenue, to authorize staff support for traffic control and security, site cleanup and trash removal, EMS assistance, standard event signage and assistance with banner hanging; use of the Old School Square Garage, North City Hall Parking lot, City generator if needed and three generator lights; and to waive the 120 day permit submittal requirement; contingent upon meeting the conditions listed in the staff report. Robert A. Barcinski, Assistant City Manager, stated this is a request for the Commission to approve the 7th Annual Asian Food Fair and Cultural Show being held in Delray Beach sponsored by the Bangladesh Association of Florida, which is proposed to be held on March 27 & 28, 2010 on the grounds at Old School Square and in the Old School Square Park from noon to 10:00 p.m. The Commission is also requested to grant a temporary use permit per LDRs Section 2.4.6{F) for the closure and use of and a portion of N.E. 1St Avenue, to authorize staff support for traffic control and security, site cleanup and trash removal, EMS assistance, event signage and assistance with banner hanging. The event sponsor also requested per the permit use of the CRA parking lot, Old School Square parking lot, County Garage, North City Hall lot, 300 reserved parking spaces in the Old School Square Garage for vendors, VIP's, sponsors, and staff. In addition, they asked for entrance and exit signs, water hoses and hose bib, City generator, three (3) generator lights and an event sign on I-95. Mr. Barcinski stated staff is not recommending approval of the water hoses and hose bib, specialty signage such as exit and entrance signs because it is really the event sponsors responsibility and not the City's. Mr. Barcinski stated they are requesting a fancier 4x4 event sign and although the 16 02/16/10 City has allowed people to do that they have paid the cost. He stated City staff is limited and our capability is limited but the City will do this for them. Mr. Barcinski stated the City can order the generator lights but they pay all the costs as other promoters do and the City can do the FDOT permit for them. Staff feels that 300 reserved parking spaces is too many in the parking garage and the maximum recommended is 100 and recommends that this event go to the CRA as well as to Mr. Carbone's lot and if they need the extra spaces request the use of those for reserved parking. Mr. Barcinski stated this permit was considerably late and staff requests that the Commission waive the event policy and procedures which requires 120 day submittal before the event. The estimated overtime costs for the event are $12,200.00 with an additional estimate of $300.00 for event signage, $350.00 for trash boxes and $400.00 for generator lights. The event sponsor does have a 501(c)(3) designation and has recently changed the location of their incorporation to Delray Beach. Therefore, they will be required to pay 75% of the City overtime costs less the first 1,000.00 versus 100%, as well as 100°/a of the costs for signage, trash boxes, and generator lights. Mr. Barcinski stated staff recommends approval with all the conditions listed by staff and that we do not waive any fees. Mr. Eliopoulos stated he supports staff and would like to go with the policies we have set. He stated he supports the waiver for the application. Mr. Fetzex concurred with comments expressed by Mr. Eliopoulos. Mrs. Gray asked how many parking spaces staff is recommending. Mr. Barcinski stated he recommends no more than 100 reserved parking spaces in the parking garage. Mr. Frankel stated he would like to be consistent and find that the conditions are reasonable and supports this with the conditions. Mr. Frankel moved to approve the Special Event Request far the 7~h Annual Asian Food Fair and Cultural Show sponsored by the Bangladesh Association of Florida on March 27-28, 2010 from noon until 10:00 p.m. with staff's recommendations, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. Frankel -Yes; Mrs. Gray -Yes; Mayor McDuffie -Yes. Said motion passed with a 5 to 0 vote. 9.F. SPECIAL EVENT REQUEST/DELRAY BEACH FILM FESTIVAL: Consider approval of the 5 Annual Delray Beach Film Festival proposed to be held March 21-28, 2010; to grant a temporary use permit per LDR's Section 2.4.6(F) for the partial closure of S.E. lst Avenue on March 25, 2010 from 9:00 p.m. to midnight, for a street party, the use of the south end of the Municipal Beach east of Anchor Park on March 27, 2010 from 7:34 a.m. to 3:00 p.m., for a surfing contest, and the use of Veterans Park on March 27, 2010 from 9:00 a.m. to 5:00 p.m., for a children's event; and to authorize staff support for security, barricading and trash removal, approve event signage, small stage use and banner hanging and approve reserved times at the golf course; contingent upon receipt of a certificate of event liability insurance and liquor 17 02/16/10 liability insurance by March 11, 2010; receipt of an executed copy of a rental agreement with Old School Square by March 1, 2010; receipt of a signed hold harmless agreement by March 11, 2010 and notification three (3) days prior to the Golf Tournament of the number of players. Robert A. Barcinski, Assistant City Manager, stated this is a request for the Delray Beach Film Festival proposed to be held March 21-28, 2010. Mr. Barcinski stated they are requesting a temporary use permit for the partial closure of S.E. 15t Avenue on March 25, 2010 from 9:00 p.m. to midnight for a street party, the use of the south end of the municipal beach east of Anchor Park on March 27, 2010 from 7:30 a.m. to 3:00 p.m., for a surfing contest and beach cleanup and the use of Veteran's Park on March 27, 2010 from 9:00 a.m. to 5:00 p.m., for a children's event, to authorize staff support for security, barricading and trash removal, approve event signage, small stage use and banner hanging and approve reserved tee times at the golf course. The event producer has also requested verbally a waiver of the event permit fee, park rental and reduction of Old School Square rental fees. Estimates for overtime for all activities is approximately $1,445.00, trash box costs $35.00, park rental $370.00, barricades $720.00 and $300.00 for event signage. Per event policies, the event sponsor would be responsible for 75% payment of the overtime costs less $1,000.00 and 100% payment for the trash boxes, signage, barricade rental and rental of Veteran's Park for a cost of $1,795.00 to the event sponsor. Mr. Barcinski stated about eight months ago they asked that the Commission waive the permit fee ($I50.00) as well as a park rental waiver and waiver of fees at Old School Square for their rental fees. Staff does not recommend waiving the permit fee and Old School Square rental fees is up to their Board and the City has waived park rental fees in the past for other events such as Roots; however, this would be up to the Commission. Staff recommends approval subject to conditions and noted that he did not make a recommendation on the waiver to the rental fee because he believes that is a Commission decision. Mayor McDuffie asked if Old School Square is owed any monies at this point by this organization. Mr. Frankel stated the Commission discussed this last year with the exception of Commissioner Gray and there was an issue about Old School Square collecting monies. Mr. Frankel stated the City issued the permits with the understanding that Old School Square would be paid and he spoke to Mr. Gillie today who stated it took nine months for Old School Square to get paid. Mr. Frankel stated Old School Square is not a collection agency and it is unfair to ask Mr. Gillie to go through that again. Mr. Eliopoulos stated he does not support any waivers for this. Mr. Eliopoulos moved to approve the Special Event Request of the 5a' Annual Delray Beach Film Festival on March 21-28, 2010 and that no waivers be granted and that the City receives satisfaction of Old School Square's contract, 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 S to 0 vote. 18 02~1si10 9.G. PAYMENT OF WASTE MANAGEMENT'S FEBRUARY INVOICE: Consider whether to pay Waste Management's February invoice as presented or to deduct possible prior overpayments. The City Manager stated staff provided written responses to the twelve questions that Mr. MacNamee had raised with the exception of the first one which was not finally clarified until last Thursday. He stated in going through those it appears that the answers are responsive and well documented. The City Manager suggested that the Commission follow the recommendation of the Financial Review Board and not have any further action ar discussion on this until all the analysis is done. He stated the City has quite a few people working in the field to verify unit counts and the Financial Review Board is beginning their work in looking at all of this. Mr. Fetzer stated as a Commission they charged the Financial Review Board with doing the required due diligence to settle this issue. He stated he expressed dissatisfaction with lack of patience because this has dragged out for so long. Mr. Fetzer stated he would like to get to the bottom of this and make sure that we are confident with who is billing who the correct amount. Mr. Fetzer stated he is fine to follow the recommendation of the Financial Review Board. Mr. Eliopoulos stated he agrees with staff and does not want to be looking at holding back payment to anybody unless we have all the facts and he does not believe the Commission has all the facts yet. Mrs. Gray concurs with her fellow Commissioners and stated Rich Reade and staff has put in so many hours with trying to get to the bottom of this. In addition, Mrs. Gray stated Waste Management has been great with making sure the City receives all the information that has been requested. Mrs. Gray stated she supports staff's recommendation. Mr. Frankel stated Rich Reade, Butch Carter, and Ken MacNamee have acted in good faith. In his opinion, Mr. Frankel stated the City has taken a little too long to get to a resolve in this matter but at least it is positive. Mr. Frankel stated he supports paying the February invoice as presented. Mayor McDuff e stated there are more people on City staff and more qualified people on a City Board engaged in this project than we have ever had before. He stated Waste Management and Mr. MacNamee have acted in good faith and the City needs to continue to act in good faith and see this to the end. Mayor McDuffie stated when we have numbers that we know we can justify at that point we need to release those numbers; and, if we owe Waste Management we should pay them and if they owe the City they need to pay us. He stated until we are absolutely certain of our numbers, he recommends that we continue to pay the bill as we have always been doing until we note some reason to act differently. 19 02116/I0 Mr. Frankel moved to approve the payment of the Waste Management February invoice as presented, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mr. Frankel -Yes; Mrs. Gray -Yes; Mayor McDuffie -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes. Said motion passed with a S to 0 vote. 9.H. APPOINTMENT TO THE GREEN TASK FORCE: Appoint one (1) regular member to the Green Task Force to serve an unexpired term ending July 31, 2011. Based upon the rotation system, the appointment will be made by Mayor McDuffe (Seat #S}. Mayor McDuffie stated he wished to reappoint Edward Bispham as a regular member to the Green Task Force 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 McDuffe -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. Frankel -Yes. Said motion passed with a S to 0 vote. 9_I. APPOINTMENT TO THE BOARD OF ADJUSTMENT: Appoint one (1} regular member to the Board of Adjustment to serve an unexpired term ending August 31, 2010. Based on the rotation system, the appointment will be made by Commissioner Eliopoulos {Seat #1). Mr. Eliopoulos moved to reappoint Mel Pollack as a regular member to the Board of Adjustment (BOA} to serve an unexpired term ending August 31, 2010, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mayor McDuffie -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. Frankel -Yes; Mrs. Gray - Yes. Said motion passed with a 5 to 0 vote. 9_J. APPOINTMENT TO THE DELRAY BEACH HOUSING AUTHORITY: Appoint one {1) regular member to the Delray Beach Housing Authority to serve a four {4} year term ending March 6, 2014. Based on the rotation system, the appointment will be made by Commissioner Gray (Seat #4). Mrs. Gray stated she would like to defer her appointment until the next regular meeting of March 2, 2010. 9.K. APPOINTMENT TO THE NEIGHBORHOOD ADVISORY COUNCIL: Appoint one (1} regular member 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 Frankel (Seat #3). Mr. Frankel moved to appoint Harriet Meltzer as a regular member to the Neighborhood Advisory Council (NAC} to serve an unexpired term ending July 31, 2010, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mr. Eliopoulos u.. Yes; Mr. Fetzer -Yes; Mr. Frankel -Yes; Mrs. Gray -Yes; Mayor McDuffie -Yes. Said motion passed with a 5 to 0 vote. 20 02/16/10 9.L. APPOINTMENT TO THE NUISANCE ABATEMENT BOARD: Appoint one (1) regular member to the Nuisance Abatement Board to serve a two (2} year term ending July 31, 2012. Based on the rotation system, the appointment will be made by Mayor McDuffie (Seat #5}. Mayor McDuffie stated he wished to appoint Wendy Smith as a regular member to the Nuisance Abatement Board (NAB) to serve a two (2) year term ending July 31, 2012. Mr. Frankel so moved, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mr. Fetzer -Yes; Mr. Franlrel -Yes; Mrs. Gray -Yes; Mayor McDuffie -Yes; Mr. Eliopoulos -Yes. Said motion passed with a 5 to 0 vote. 9.M. APPOINTMENT TO THE FINANCIAL REVIEW BOARD: Appoint one {1} alternate member to the Financial Review Board to serve an unexpired term ending July 31, 2011. Based on the rotation system, the appointment will be made by Mayor McDuffie (Seat #5). Mayor McDuffie stated he wished to appoint Warren Trilling as an alternate member to the Financial Review Board (FRB) 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: Mr. Frankel -Yes; Mrs. Gray -Yes; Mayor McDuffie -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes. Said motion passed with a S to 0 vote. 10. PUBLIC HEARINGS: A. None At this point, the time being 7:59 p.m., the Commission moved to Item 12, First Readings. 12. FIRST READINGS: 12.A. ORDINANCE NO. Q7-10: Consider modification of the Midtown Delray SAD (Special Activities District) Ordinance No. 46-07 to allow fora 1,088 sq. ft. increase in the floor area for the Midtown Medical Building, modifying the parking requirements for such S.A.D., limiting the office square footage based on floor levels; and amending the Land Development Regulations Section 4.4.25{G), "S.A.D.s," Subsection (10}, to reference Ordinance 07-10. If passed, a public hearing will be held on March 2, 2010. The caption of Ordinance No. 07-10 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING ORDINANCE NO. 46-07 WHICH ESTABLISHED THE SPECIAL ACTIVITIES (SAD} ZONING DISTRICT FOR MIDTOWN DELRAY, BY 21 42/16/10 AMENDING SAID ORDINANCE 46-07 TO ALLOW FOR AN INCREASE IN THE FLOOR AREA FOR MEDICAL OFFICE BUILDING, MODIFYING THE PARKING REQUIREMENTS FOR SUCH S.A.D., AND LIMITING OFFICE SQUARE FOOTAGE BASED ON FLOOR LEVEL; AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES, BY AMENDING SECTION 4.4.25(G), "S.A.D.s," SUBSECTION {10), TO REFERENCE ORDINANCE 07-10; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. off ce.) (The official copy of Ordinance No. 07-10 is on file in the City Clerk's The City Attorney read the caption of the ordinance. Paul Dorling, AICP, Director of Planning and Zoning, stated this is a request to add an additional 1,088 square feet to an existing 29,780 square foot medical office building {total of 30,868 square feet) that has been recently constructed on the south side of Linton Boulevard just east of Military Trail. The request also includes the elimination of five (5) parking spaces, the provision of eight {8) additional handicap spaces, installation of an emergency generator, and modification of the allowed uses to add an option for medical or professional office use an the second and third floors and restrict the first floor to either an Outpatient Surgical Facility (OSF)/Ambulatory Surgical Center or professional offices. Mr. Dorling stated the reason for the change in the types of uses relates to parking. He stated medical offices require greater parking requirements than professional offices. Mr. Dorling stated when this first came before the Commission and the ordinance was postponed several times and then withdrawn, there was a significant amount of parking that was requested for a tenth space reduction. He stated limiting the types of offices on the second and third floors eliminates that parking deficiency and brings them compliant with parking. Also, as part of this SAD (Special Activities District} they did present information that would support a lower parking demand for the specific outpatient surgical facility center that they want to create on the first floor. Mr. Dorling stated based on AHCA (Agency of Health Care Administration} studies they have looked at these facilities and acknowledged that they require less parking. The modification before the Commission does not have that reduction in required parking that the previous ordinance did. Mr. Dorling stated this ordinance will go to the Site Plan Review and Appearance Board (SPRAB) between first and second reading and the Board will act on the actual changes to the elevations and types of uses that are limiting on the second and third floor. He stated then this will come back to the Commission on second reading for a final vote at the next meeting. 22 02/16/10 At its meeting of December 21, 2009, the Planning and Zoning Board considered the SAD modification request for Midtown Delray and recommended approval with a 6 to 0 vote. Mr. Dorling stated the Planning and Zoning Board saw the old proposal which included the parking reduction and this one does not. Mayor McDuffe stated the additional square footage does not change the footprint and does not change area under roof. Mr. Eliopoulos stated it is within the envelope. Mr. Dorling stated the second and third floor extends over parking spaces and the actual addition eliminates the five {S} spaces in this location on the ground floor. Mr. Eliopoulos inquired about the generator. Mr. Dorling stated the generator is in the location of the future residential units and it will be encased similar to the City's generator north of City Hall. Mr. Eliopoulos moved to approve Ordinance No. 07-10 on FIRST Reading, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mrs. Gray -- Yes; Mayor McDuffie --- Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. Frankel -Yes. Said motion passed with a 5 to 0 vote. At this point, the time being 8:06 p.m., the Commission moved to Item 13, Comments and Inquiries on Non-Agenda Items from the City Manager, the City Attorney, and the City Commission. 13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS. 13.A. City Manager The City Manager stated this morning the Financial Review Board had a discussion about their recommendation to set a spending target and if he understands correctly what they were really recommending is if you set a spending target without giving any thought to millage or revenue sources that you just set a spending target. The City Manager stated his understanding after the Commission meeting last week was that the Commission wanted to see some projections on the millage and presented these to the Commission. The City Manager stated the fzrst column shows projections showing the current fscal year 2010; the second column is a ten percent projection and a twelve percent reduction projected; the total operating millage impact with a 10% reduction the City would lose $4 million and with a 12% reduction the City would lose about $4.9 million. The City Manager stated those are the tax roll reduction impacts minus ten percent and minus twelve percent. He stated given what the Financial Review Board is asking for, the Commission can either do as they suggest or can do something based on these projections. Mayor McDuffe inquired about the operating budget this year. The City Manager stated the operating budget in the general fund was $96.6. 23 02~16~1a Mr. Fetzer stated the SS% column assumes a twelve percent decrease in property values. The City Manager stated this calculation is based on keeping the City's operating millage the same as this year with a twelve percent decrease. Secondly, the City Manager stated Commissioner Gray had mentioned that Mr. Tavarius "TJ" rackson with XPE Sports had spoken to her about needing some temporary office space. Lula Butler, Director of Community lmpravement and Linda Karch, Director of Parks and Recreation met with Diane Colonna, Executive Director of the Community Redevelopment Agency (CRA) on February 11, 2010 regarding possible temporary office space for XPE Sports. The City Manager stated Diane Colonna is going to consult with their attorney regarding the process of possibly allowing them to use some vacant commercial space in the building on N.W. Sa' Avenue for a temporary period. The City Manager stated Diane Colonna is willing to take it to her Board for approval and he will let the Commission know the outcome. The City Manager stated Commissioner Eliopoulos had asked about the artificial turf at the Seacrest Soccer Complex and staff is trying to get quotes from the three different vendors. He stated the City received a quote back from Sports Turf One and one other one and are still waiting on a third. The City Manager stated the City has also sent a spec sheet to Astroturf. He stated in the original quotes the City received there were some differences in what they were quoting and staff wanted to make sure that we were getting quotes on the same type of work. The City Manager stated staff expects to have some final numbers next week at the latest. With regard to people stumbling over the wheel stops at the Sandoway House, the City Manager stated the City is looking at either providing landscaping between the wheel stops of the buildings or some low level lighting that illuminates the area between the building and the wheel stops. The City Manager stated the wheel stops are required by Code. Mr. Eliopoulos stated as Commissioner Gray suggested paint the wheel stops yellow because gray is definitely a hard color to see. 13.B. City_Attorney The City Attorney had no comments or inquiries on non-agenda items. 13.C. City Commission 13.C.1. Mr. Fetzer Mr. >Fetzer had no comments or inquiries on non-agenda items. 24 a2~16~10 13.C.2. Mr. Eliopoulos Mr. Eliopoulos stated a citizen had a problem over the weekend who wanted to go to the library and the garage was charging $5.00. He stated her issue was that when she did get into the library they informed her that if you say you are coming to the library it is actually free. Mr. Eliopoulos stated she suggested that signage be put up to make people aware of this. Mr. Barcinski stated there is a $5.00 charge and it is not free if someone is going to the library. He stated he will talk to the library staff. The City Manager stated staff will try to get this clarified. Secondly, Mr. Eliopoulos stated he attended the African Diaspora Awards Saturday night and it was a good event. 13.C.3. Mrs. Gray Mrs. Gray stated she has been receiving numerous telephone calls about minorities receiving contracts as well. She asked for records regarding this because she is receiving complaints about the CRA as well as the City. Secondly, Mrs. Gray stated she attended the Garlic Fest this weekend and it was wonderful. She stated she observed The Office restaurant space on several occasions and the five foot right-of--way rule is not being followed. Mrs. Gray stated she almost hit someone that was in the middle of the road as she was heading east on Atlantic Avenue and got ready to turn into Pineapple Grove on 2"~ Avenue. She expressed concern over the barrier and stated this is not a safe place. In addition, Mrs. Gray stated when the waiters are going back and forth that middle area is not safe and noted that the dogs that are in the middle of the walkway go up to the bar because there is nowhere else for them to sit. She asked that staff look into this situation a little more. Lastly, Mrs. Gray congratulated herself for running unopposed. 13.C.4. Mr. Frankel Mr. Frankel concurred with comments expressed by Commissioner Gray and stated he too saw many of the same things regarding sidewalk cafes. He commented on two previous situations that were extremely dangerous and stated the situation at The Office Restaurant is an accident waiting to happen. Mr. Frankel stated he received email from Fran Marincola who spoke to Brian Shutt who spoke to Lula Butler and stated at some point we need to look at the sidewalk cafe ordinance to see if The Office restaurant is in compliance or not in compliance. 25 02/16/10 Secondly, Mr. Frankel stated he passed his intermediate test at the FPPTA (Florida Public Pension Trustees Association) meeting and is one step away from being a Certified Pension Trustee. Mr. Frankel stated he had a great time at the Sandoway House. He stated he attended the Miami Heat game when they played Sacramento a few weeks ago and the Atlantic High School Color Guard presented the colors. Mr. Frankel stated it is great that they have taken the initiative and are traveling to Miami representing the city. Mr. Frankel stated he and Commissioner Gray attended the Voter's Coalition Dinner and they recognized Palm Beach County Commissioners Shelley Vana, Steve Abrams, and Priscilla Taylor_ Lastly, Mr. Frankel stated he will see everyone at the tennis event. ]3.C.5. Mayor McDuffie Mayor McDuffie stated the Garlic Fest was wonderful He stated he received accolades from Nancy Stewart and Bern Ryan regaxding Phase 1 of the Old School Square Park and how ordexly it was and how much easier it was to put on the event. Secondly, Mayor McDuffie stated he enjoyed the Sandoway House event. Lastly, Mayor McDuffie congratulated Commissioner Gray on her re- election. There being no further business, Mayor McDuffie declared the meeting adjourned at 8:19 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 February 16, 2010, which Minutes were formally approved and adopted by the City Commission on 26 02/16/10 City Clerk NOTE TO READER: If the Minutes you have received are nat 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 amendnnents, additions or deletions as set forth above. 27 a2~16n o MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: February 18, 2010 SUBJECT: AGENDA ITEM 6.A. -REGULAR COMMISSION MEETING OF MARCH 2, 2010 ALL PEOPLE'S DAY PROCLAMATION ITEM BEFORE COMMISSION This item is before Commission to proclaim March 22, 2010 as All People's Day®. WHEREAS, in 1973 Susan Berkowitz-Schwartz MPS, ATR BC, established All People's Dayfl, a multicultural program that helps children, adults, and seniors see and embrace the beauty of their diversify through the arts and bring about awareness of the unique atEr~butes in others leading to mutual acceptance; and WHEREAS, All People s Day® gives people of all ages and walks of life fun and creative ways to explore positive connections through a showcase of divease entertainment goods and foods from many countries for sale, as well as booths which feature craft making interactive games, and workshops that connect us through the visual, dramatic, and language arts; and WHEREAS, the fixst annual All People's Day® Diversity Festival in South Florida will be held on Sunday, March 21, 201D, in Delray Beach, the All-America City, at Pompey ParlS and WHEREAS, the theme far the festival is 'Discovering our Connections", because throughout the world, and even in our own nation and schools, there leave been tragic incidents against people who are different; and WHEREAS, by the year 2050 European Aineticans will no longer constitute the majozify of the United States population and people from different culttn~es will be interacting with one another more often than ever before; and WHEREAS, the facets to a communal nature of the community are: awareness, undezstanding, and acceptance. NOW THEREFORE, I, NELSON 5. McDUFFIE, Mayor of the City of Delray Beach, Florida, on behalf of the City Co?ssion da hereby proclaim March 22, 2010 as: in the Cityof DelrayBearh and urge all residents to appreciate the universal qualities at our core and the differences that help Ynake us individuals. IIV WITNESS WHEREOF, I have hereunto set myhand and caused the Official Seal of the City of Delray Beach, Florida, to be affixed this Z~ day of March, 2D10. NELSON S. McDUFFIE MAYOR ~.~ F ~~,. ~.~, ~a~~ MEMQRANDUM TO: Mayor and City Conunissioners FROM: David T. Harden, City Manager DATE: February 22, 2010 SUBJECT: AGENDA ITEM 6.8. -REGULAR COMMISSION MEETING OF MARCH 2, 2010 AMERICAN RED CROSS MONTH PROCLAMATION ITEM BEFORE COMMISSION This item is before Commission to recognize March 2010 as American Red Cross Month. WHEREAS, since T88T the mission of the American Red Cross has been to help people prepare for emergencies; provide relief to victims of disaster; and help people prevent, prepare for, and respond to emergencies worldwide; and WHEREAS, American Red Cross volunteers and employees provide essential services in the community to help those affected by everything from house or apartment fires, hurricanes, and other natural and human caused disasters; and WHEREAS, the American Red Cross Greater Palm Beach Area Chapter, a humanitarian organization, has worked to make a positive difference in communities by providing lifesaving services and programs for more than ninefy-two years; and building on this tradition, the organization is focusing on building partnerships, increasing safety and disaster preparedness education, and enhancing its response capabilities; and WHEREAS, the Greater Palm Beach Area Chapter and its nearly 3,000 volunteers and donors provide valuable tools and education to individuals, families, workplaces, and schools; making us all stronger and more resilient; and WHEREAS, over the past year, nearly 125,000 people in our region have enrolled in American Red Cross of Health and Safety Courses; and WHEREAS, the American Red Cross Greater Palm Beach Area Chapter has sent 250 emergency messages to active duty personnel and their families, the local Red Cross also reaches out to the members of the National Guard and Reserves and their families who reside in nearly every community in Palm Beach County; and WHEREAS, the American Red Cross continues to respond to a changing America, full of unique challenges and vital work. NOW, THEREFORE, I, NELSON S. MCDUFFIE, Mayor of the City of Delray Beach, on behalf of the City Commission, do hereby proclaim March 2010 as: AMERICAN RED CROSS MONTH in the City of Delray Beach and urge the citizens of Delray Beach and the people of the Greater Palm Beach Area to show support for our local Red Crass Chapter and to became active participants in advancing the noble nussion of the Red Cross. 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 2~d day of March, 2010. NELSON S. McDUFFIE MAYOR MEMORANDUM ~: TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: February 23, 2014 SUBJECT: AGENDA ITEM 7.A. -REGULAR COMMISSION MEETING Ol' MARCII 2 2010 SPECIAL RECOGNITION AWARD -HAITI RELFEI' EFhORTS ITEM BEFORE COMMISSION This item is before Commission recognizing and commending Developer Frank McKinney and Delray Beach Fire Rescue Employees: Chief Edward Crelin, Lieutenant Steven Moews, Lieutenant Edmund Beardsley and Paramedic Gregory Tabeek for their aid and support with Haiti Relief Efforts. _~ ~c:~~oR.,~~~v~~ ~]e~.ray Beach Fire-Rescue Department TO: "ROM: C. James, '~-Resc~xe Chief DATE: a1I1512010 SUBJECT: ~ Haitian Relief Effort MEMa: # 200-26 Last evening a team of Delray Beach Fire-Rescue personnel landed at the Pork-au- Pxinoe Airport. They are part of a private relief effort organized 13y Delray Beach Developer Frank McKinney. Other members of the relief effort include Army National Guard Reservist, medics, and txzedical doctors. Chief Accardi and l carefully evaluated the catastrophic circumstances of the event and the safety of our personnel. In consultation with the City Manager, the decision was made to accept Mr. McKinney's invitation to participate. With less than twenty-four hours to the anticipated take off, volunteers with specific skills were identified. The team left from Fort Lauderdale Executive Airport on two private jets at approximately 5:30 pm after successfully overcoming a hold on all flights. Our personnel in this relief effork consist of Training Division Chief Ed Cretin, Lt. Ed Beardsley, Lt. Steve Moews, and Paramedic Gregory Tabeek. They are expected to be in the country for three to five days. We are communicating with them via our satellite phone. They Dave set up a base of operations at the airport. The United Nations has assigned DBFR to work alongside a search and rescue team from Nicaragua, which is also providing security. Please join me in keeping our members in youx thoughts and prayers for their safe return. Our prayers are also with our Haitian community that makes up a large part of our diverse culture in T~elray Beach. I will keep you advised of any updates as appropriate. cc: Mr. Harden, City Manager ~' MEMORANDUM TO: Mayor and City Commissioners FROM: Bruce Koeser, Human Resources Director THROUGH: David T. Harden, City Manager DATE: February 23, 2010 SUBJECT: AGENDA ITEM 7.B. -REGULAR COMMISSION MEETING OI< MARCH 2 2010 RESOLUTION N0.03-10 ITEM BEFORE COMMISSION Resolution No. 03-10 honoring Scott Lansford for 34 years of service. BACKGROUND In accordance with the City's service award policy, employees with 30 years of continuous full-time service are to be honored by the City Commission with a resolution and plaque. Scott Lansford, Police Lieutenant, will achieve this milestone on March 15, 2010. RESOLUTION NO. 03-10 A RESOLUTION OF THE QTY COMMISSION OF THE QTY OF DELRAY BEACH, FLORIDA, RECOGNIZING AND COMMENDING SCOTT LUNSFORD FOR THIRTY YEARS OF DEDICATED SERVICE TO THE QTY OF DELRAY BEACI~ WHEREAS, H. Scott Lansford was hired by the City of Delray Beach as a Police Officer on March 15, 1980; and on March 15, 2010 will reach a milestone in his career, having achieved thirty (30) years of continuous, full-time service with the City; and WHEREAS, during the past thirty years Scott Lansford has served this community with honor and distinction as Police Officer, Sergeant and Lieutenant; and WHEREAS, he has made an impact in each of his assignments to include: Community Patrol; Investigative Section; Vice, Intelligence and Narcotics Section; Internal Affairs as well as leading the original Community Policing Division; and WHEREAS, Lieutenant Lunsford's demanding leadership style has earned him terms of endearment not normally used in corporate America; and WHEREAS, Lieutenant Lansford served as an agency leader throughout the community and as a r~nentor to many officers and junior supervisors throughout the agency; and WHEREAS, Lieutenant Lunsford's knowledge, keen instincts, thoroughness, fairness, dedication and integrity are well known throughout the law enforcement community and the City of Delray Beach and these attributes serve as a reminder to all those who seek opportunities to lead and serve; and WHEREAS, the City of Delray Beach and the Delray Beach Police Department are honored to have had Scott Lansford as a valued member of the municipal team over the past 30 years and he will be missed by his co-workers and the entire city staff. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the City Conux~ission of the City of Delray Beach hereby recognizes and coinn~ends Lieutenant Scott Lansford for thirtyyears of dedicated arrd faithful public service. Section 2. That the City Commi~~ion hereby congratulates and expres~5es sincere thanks and appreciation to Lieutenant Scott Lunsfoxd for his many tears of service, and wishes him the best of health and happiness in his retirer~nt. PASSED AND ADOPTED in regular session on this the 2°d day of March 2Q10. MAYOR ATTEST: CITY CLERK PRESENTED TD Lieutenant H. Scott Lansford As a token of our esteem and gratitude for your 3 0 years of outstanding contributions and distinguished service to The City of Delray Beach Police Department March 15, 20I0 3 MEMORANDUM TO: Mayor and City Commissioners FROM: Amy E. Alvarez, Historic Preservation Planner Paul Dorling, AICP, Director of Planning and Zoning THROUGH: City Manager DATE: February 25, 2010 SUBJECT: AGENDA ITEM 8.A. -REGULAR COMMISSION MEETING OF MARCII 2, 2010 PROPOSAL/STATE OF FLORIDA'S BUREAU OF HISTORIC PRESERVATION ITEM BEFORE COMMISSION The item before the City Commission is authorization to submit a proposal for Delray Beach to host a statewide Certified Local Government (CLG} training program to be fully funded by CLG grant funds. BACKGROUND The Planning and Zoning Department would like to respond to the State of Florida's Bureau of Historic Preservation solicitation for proposals from Florida CLGs to host up to three (3) statewide CLG training programs. Approximately $15,000 will.,be available to the selected CLGs for funding towards each program. A match is not required. The host CLG will be responsible for paying the upfront costs, and submitting all expense documentation to the State for reimbursement. The program and all associated expenses must be complete by June 30, 2010. The training program would consist of an evening reception and all day training session, otherwise referred to as CAMP, provided by the National Alliance of Preservation Commissions (NAPC). CAMP, which stands for Commission Assistance and Mentoring Program, is a nationally recognized program which brings in nationally recognized preservation professionals. The attached proposal outline provided by the State specifies all proposal requirements and duties of the host CLG including commitment letters of hotel accommodations and sponsorships to cover food related expenses. The State anticipates that there would be approximately 50-75 attendees primarily from the southern region of Florida. Following Commission's authorization to proceed, Staff proposes the program be held in conjunction with the Art & Jazz on the Avenue scheduled far June 24, 2010. All program coordination and preparation will be managed by Amy Alvarez, Historic Preservation Planner. FUNDING SOURCE Funding source to be determined upon award of Grant funds. RECOMMENDATION By motion, authorize the submittal of a proposal to host the CLG training program with grant funds of $15,000 and acknowledge a City commitment of a $15,000 maximum to be reimbursed by the State of Florida's Bureau of Historic Preservation. Proposal #o Hos# 2010 Florida Cer#i~ied Local Go~ernmen# Training Programs The Bureau of Historic Preservation is soliciting proposals from Florida Certified Local Governments (CLGs) to host up to three statewide CLG training programs. These workshops will be funded by CLG grant funds. It is expected that approximately $15,000 in grant funds will be available to each of the host CLGs. The selected CLGs will enter into a Grant Award Agreement with the Bureau of Historic Preservation to provide the services and responsibilities described below. Proposals to host for these training programs must be postmarked by Wednesday, March 70, 2©10. Four copies of your proposal should be sent to the Bureau of Historic Preservation at the address listed below. Please address all criteria requested, including all costs and proposed sponsorships, as well as any tours or venues, in sufficient detail so that we may fully understand the scope of your proposal. You do not need to go into excessive length or expense to complete your proposal (no more than 10 pages should be necessary). Proposals will be reviewed by Bureau of Historic Preservation staff and will be ranked according to the applicant's ability to meet the criteria listed below. Following selection, all applicants will be notified in writing of the decision. Accommodations: The host CLG will be responsible for identifying a hotel or hotels to accommodate the anticipated attendance (approximately 50-75 persons}. A minimum of 50 hotel rooms must be provided, either by one hotel or a combination of hotels. Most of the rooms should be single rooms, but some double and triple rooms may also be provided. The hotel should be at, ar within close proximity to, the workshop venue. For a single room, a desirable rate would be under $100 per night before tax. Inclusion of a commitment far a block of rooms at a group rate in your proposal would be desirable. Please provide a map of the hotel locations} and any websites that may show photos of the hotel. Available parking should also be identified. Convenient parking (either paid or free) should be available for the estimated number of attendees. Parking will be a greater concern if events are held downtown, in a non-hotel location, or at any other remote location. Agenda; A two-day agenda is planned for the training workshops {see suggested agenda times and workshop budget at the end of this proposal). Day one will begin with an early evening reception (light bars d'oeuvres and other refreshments are suggested) provided by the host CLG. It is anticipated that the host CLG will solicit local sponsorships for reception refreshments, in addition to a continental breakfast and two breaks the day of the workshop, as these expenses are not reimbursable with grant funds. The submission of commitments for these sponsorships in your proposal would be desirable. A brief presentation should be made by the host CLG at the reception (e.g., an overview of the community's historic resources). Participants will be an their own far dinner after the reception (a walking tour of the reception venue or downtown may follow the reception). A full-day's program is planned for the second day of the workshop. The host CLG will be responsible for locating the workshop venue, promoting the workshop locally, handling workshop registration, and hosting a continental breakfast (coffee, juice, and pastries are suggested) and two breaks (coffee and sodas are suggested) for the workshop. Participants will be either on their awn for lunch or the host CLG may provide a group lunch and a walking tour or alternative events. Welcoming remarks by the bast CLG staff, and/or preservation commission members, and an elected official (e.g., the mayor) should be made at the beginning of the workshop. The Bureau of Historic Preservation will work with the National Alliance of Preservation Commissions (NAPC) to develop the workshop's speaker agenda. The program will consist of three nationally recognized experts who will address preservation commission fundamentals and advanced preservation topics. The host CLG will be responsible for paying the up-front reimbursed cost of the NAPC speakers as negotiated by the NAPC, and additionally, is encouraged to provide topics of local concern and speakers for this event. AV Requirements: The host CLG will provide the following items at the workshop location: a LCD projector, laptop computer, projection screen, TV and VCRIDVD player, over- head projector, microphone, flip chart with ease[, and a photocopy machine. These items may be obtained either through the workshop facility or through an outside contract. AV costs are reimbursable from the grant. Promotion: The Bureau of Historic Preservation will handle statewide workshop promotion; however, the host CLG is strongly encouraged to promote the workshop locally. Registration: The host CLG will be responsible for workshop registration, including staffing a registration table and supplying name tags. Restaurants: Please include a list of suggested restaurants for lunch and dinner within the immediate vicinity of the workshop location. This list will need to be provided to all workshop attendees. Scholarships: To encourage workshop attendance, it is recommended that a scholarship of $100 be provided to the first 40 workshop registrants. The host CLG will be responsible far coordinating the scholarship program, and the scholarships are reimbursable from the grant. Sponsorships: Because food and drink cannot be procured with CLG grant funds, the host CLG should locate potential sponsors to fund the cost of the pre-workshop reception and workshop breaks and lunch (if offered). Signs identifying the sponsors will be the responsibility of the host CLG. Please include a list of all sponsors and events sponsored in your proposal. Tours: Please identify and describe any tours} or alternative activities, as well as any speakers or guides for these tours or alternatives. All tours are subject to approval by the Bureau of Historic Preservation. Tours and other activities should highlight the historic resources of the host CLG and the accomplishments of the local historic preservation program. Please be sure to identify any admission and transportation costs in your proposal. Tour costs are reimbursable from the grant. Venue; Ideally, a historic location should be the site of the pre-workshop reception and the workshop. The workshop location should accommodate 50-75 participants in classroom-style seating and include a podium, a head table, and a location for any displays and information from the host CLG and event sponsors. All workshop facilities must meet ADA regulations concerning accessibility. Venue casts are reimbursable from the grant. Host CLG Responsibilities Host CLG will organize: Accommodations AV e ui ment Re istration Scholarshi s S onsors for rece tion, breakfast, breaks Tour s Venue s Host CLG will provide: Source: AV costs Grant* Food and drink S onsors Scholarshi s for attendees Grant S Baker fees inciudin travel Grant Tour trans ortation Grant* Venue casts Grant* "` Sponsorships for these costs are welcome Proposed Workshop Agenda Day One 6:00 .m. to conclusion Pre-worksho rece tion and tour or alternative activit to follow Day Twa 8:00-8:30 a.m. Re istratian and continental breakfast 8:30-8:45 a.m. Welcomin remarks 8:45-9:00 a.m. Introduction of attendees 9:00-10:30 a.m. Session one: CLG 101 10:30-10:45 a.m. Break 10:45-12:15 .m. Advanced topic #1 12:15-2:00 .m. Lunch an own or rou lunch and tour or alternative activit to follow 2:00-3:00 .m. Advanced to is #2 3:00-3:15 .m. Break 3:15-4:15 .m. Advanced to is #3 4:15-4:30 .m. Closing remarks and worksho evaluation Proposed Workshop Budget* Item: Cost: AV rental $1,000 Scholarshi s $4,000 S Baker fees includin travel $8,000 Tours $1,000 Venue rental $1,040 Total $15,000 To be paid with grant funds Criteria for Proposal Evalua#ion 1. Even geographic distribution of top proposals. 2. Completeness of application-all necessary accommodationslarrangements committed and sponsorships secured. 3. Historical significancelinterest of selected venue(s) and optional tours. 4. In-kind contributions that would free up grant funds for modest scholarships for out- of-town attendees. Please submit four paper copies of the proposal ta: Michael Zimny Florida Certified Local Government Program R.A. Gray Building, 4th Floor 500 South Bronough Street Tallahassee, Florida 32399-0250 4 All proposals must be delivered to the above address no later than 5:00 p.m. or be postmarked and mailed or submitted (with documentation) to an express mail service on or befiore 11:59 p.m. on Wednesday, March 10, 2010. lfi you have any questions or concerns you may contact the Florida Certified Local Government Program at 1-800- 847-7278. Thank you far considering hosting the 2010 Florida Certified Local Government Training Programs. Checklis# of ma#erials to be submitted with 20'10 Florida Certified Local Government Training Programs Proposal ^ Workshop location, including cost (if applicable), address, and phone number. ^ Pre-workshop reception location, including cost (if applicable), address, and phone number. ^ Letters of agreement from potential sponsors. The letters should be on company letterhead and include contact information. ^ List of sources from which AV equipment will be supplied, including individual rental prices (if applicable) of equipment, addresses, and phone numbers. ^ List of hotels, including room prices, addresses, and phone numbers. ^ List of suggested restaurants for attendees to patronize for lunch and dinner. ^ List of tours, including locations, speakerslguides, additions! entrance fee costs, transportation costs, and letters ofi agreement ifi required. 5 0 C to L Y .V ~ u ~ L ,~, O ~.. C ~ O w ~ a m '4 w ~ ~ ~~~ ~ arm ~ N ~~ ~ c~- ~ ar 100 DI ~ ~ U~J '~ ~ U ~ ~iv.i ~ D Z ~~ ~ ~ cn ~ Y7 ~ p ., n ~ ~ 0 ~" CJ' i~ !6 7~ 'C7 O w :n ~~ ~ ~ ~ w ~ ~ ci. ~ gs ~ N ~ ~ ~ ~ - w N ~ ~ N ¢ ~ O O ~ w ~__..~~ G y cn w Ul ~ O H O !~ p d a !yi can ~ c3 c p rn ~~~ o ~c ._ c c ~ o ~ ~ o .~ ° ~ w °. N ~ ~ R7 c0 D_ ~ o ~~ ra~~ itt ~ 'N ~ ~ U V w Y vi ~ L O ~ O ~ CU ~ J ~ 7 UO ~ O a "~Q~' d0 O in ~' ~ sn en ~. ~L.. e u ~c.L±~ c ~ .moo 0 7 U~ C~ QCj U y~ is CS .~ C~ y~~ Q Q7 C ~ 'a.. U i ~J "6 N () 6~ 0 ~ ca VJ q~ p~0.~,+-'sue-~a~ ~"C7 ~~ O ~ ~ ~ O ~ '• U O ~ '[7 "C~ 'O ~ rt3 fa '6 d 4- Q f6 ~ ~ }i ~ C lp CO N ~ Q1 7 C Q} C .- vs sn ~ VI V 'L7 ~ [R _ ~ qi ~ ~ ~ c ~ u v ~ ~ ~ ~~ o ,~ o ,~ ~ m ~ L a"i .~°-s. ~~~~~~ cn ~ cu C i- ~ ~ 4+ O LJ V py L N O ~ d- o ~ ~ ar xd as W O .A w a... a *'' ~ 4 ~ is ~ ..~ ~ ~ ' ~ ~ T C U lU y, C C_ w [a _~ ~ L.~ ~ (~ 0 ~ Qa ~ ~ V 4 - f l .~ U ~ ~ ~ " i- ~' ~) r''~ i O C ~ ~ ~ ~ `~ ~ ~ ~ Q ~ ~ y Q'U ~ w ~ Q3 d d C ~ ~ ,U -~ r Q _.~ ~ O ~ - ~ i6 ~ C.UI ~ ~~ O 3~ N ?- cn ~ [6 OU i~i7~ twlf C ~ C 1~T~ ~ ~ . urn p rod,., ~~ . • O cam' o'-' ~~c svq w a .,.~ ~ ._ saw ~ ~ ~ - a o .w -o L c -o . m L ~ w ~ ~ ~ p ~ O v O~~ ~ ~ D ~ ~ v ~ ~ s . ~ fA G~ cn w .~' ~ ~ ¢ JL ~ nr ~ ~ ,w 0. ~ .+~ ~, a d c c cn c o 3 .o so c c ~ .c ~ ~ ~ O N ~ iJ O ~ L d ~ ~ N N ~ .O C eL p Q7 ~ ~ t w ~ ?, ~ ~ w w .s_. O p_ ~ ±' ~ ~ ~ ~- ~ $ ~ ii Q ~ O a,,, 'a . ~ d o ~" ~ uriv~nw ~ ~ c ~ ~ saa,:°-wa ~ ,''~~ U ~ , ~ N N O w ~~c~io~ar ~uL"'~,~L-o~ ~ ~ ~ 3 ~ ~ ~ +~ vi c -c ~ = a m ~ ~ v ° :.~ O sn O 'o tD ro O cn ~~.. '- cam. ~ O~ ~"{ t C -_ `LLE - {(~ O •~ C, 00 Q ro ~ RM7 ~ ~ v vt C O ` ~ ~ ~ O ~ +~ D ~O, N [a U ~ S O O + + 'Ytv''" fJ.t ~ V "+C.. [II !C !O ~ ~"'" 'Q O QJ ~ ~ O" ~ 'D ~ }- ~ ~ ~ ~ i i 3 .. H' ~' ~R ~.1• f ~ 7 f ~"' ~ `r t ~ ~i 1 f ~ 3 ~ ( ~ L ~ ~ ~ ~ = ~r 1} t V ~~ Y~ I~' { ~ w i ~ w .~ +,, ~ ~ ;~ y w ~ 7 ~ . •O ` ~. i .. fa L O ~ ~ ~ ~ L u in .... ~ C ~ O'er ~ O ~,, N v +~ N L -O LL ~ O O ""` r ~ to N i ~ ~ 'fl{.. xr ~r'~~-. ~ t N O w Rr 4 ~ ~ ~ ~ N ~ ~ ;J ~ L to t~' ~ . ~ ~.., l0 [Tf O ~ vi ~ +' O O N L L [n ~ ~ to ~ O p r0 L ~ ~ w r6 ~ d ~ ~ ~ ~ ~ 0 'Q is s.' V L v O Yl V LJ O ~ ~ ~ ~ ~~ ~"j Y' a~ flJ N ~~ ~~ ~ ~,w Nv.- ~~ -zy o a O w ro.c LS ~ ~~ u -~ ¢-o u~ ~ ~ ~ 07 ~ V ~ ~~ ~ L+ O a-' .,E ~ p ~ ~ ~ O ~ L ~ i q~j 'u to w O a s O .~ c O i- p L D ca u N ci w ._ ~ ~ ~ ~sa-~~z~~ -~o~Qra ~5~~ c a-O•`gwo=cn ~w~sn d~- so ~ E V va~wc wo -o~~ vQ~h-~ ~~ ~ ~' C ~ ~ ~ .C ~ ~ ~ y ~ ~ N ~ ~ (a O p C ~ C ~ Q W ..,. sir ~ ~ ~ ~ c ur v' `n a L m c w ~ U ~ ~ II ... . l c 'a -fs sa . L ~ ~ Ql y O u ~ ~' + o ~ p .4..+ pr n ~ ~ ,~c ,~ ~~ ~ [a ~ N sn ~ .C] C ~ . . Q ~ ~ ~ a.. ~ u O u ~ ~ p ~ ~ tLa ~ ~ ~ W ~ ~ $ .r ~ ~ ?' Q7 ' 6 3 ' m ~ ~ ~~ i ~ U ~ C ~ '~ -e N 0 0 U w~ O O ~ } i •` ~ ~I ~ 0. U -O O ~ a ~ V3 ~ [1 v 1 +s ~ y _= ^2 __.- ~~ L ~ C U ~ d Q to _ ~~ ~ ii Q ~ ~( L Q L ~i w Z ~ N t1 Qr ss d U [6 ~ ~ L 0 .~ .~ t~ ,'°`.~ ~ ~ I ,~, ~ ,~ ~~~~ C _ ©_ .~ .~ c° ~~ ,~ a `o r C :°p Z ~ ~ a ~ - 0 L J ~~ O ~ ~ rr ~ T '~ ~ k ~ ~ ~ ~ C ~ O ~ Ql tS 4s O ~~~ ~~ L O y O p i, ~ fi N o +~-+ ~R b ~ 4, a ~ ` ~ ~ ~n ~ ~ ~ -L7 ~ C7 CS ~ T ~ ~ ai O ~ ~ ~ ~ d ~ ~ •~ ~ fi ~ ~ H V ~ r-. ~ ~ -s .. ~ N i L G •-- ' ~ y ~, b +f ~ rt ? U C O W b~ p ? ~ H + a E7 fi L ~~ . .. ~ ~ ~ Qr O . .~- N ~ ~ ~ ¢~ C ~ .~-~. 1 ~ ~ ~ ~ ~ fi ~ ~ ~ ~ b ~ ~ ` ~ b ~ C D E D11 + ..~ y ~' ~ L ~~' ~ ~ `k- a O y. QvJ L ~ ~, .~ ~ 0~ Q3 ` ~ .i., C ~ CS TN l L V1 "_~ a ~ fi ~ ~ ~ U~ ~ ~ ~d o O Q' _ ; ~~ QC ~° o o~ ~ m a 4Q ~ c v Cp ~ :~ a ~ ~ ti ~ ~ E ~ ~ Q ~ ~ ~ ~ F~- in ~ o , E u 3 ~. z c. h z ~+ ~ L ;~: ~ ~ E1,) ;^ lv 1' w v ~• tt. < F~ '~ ~, r ~' r ~"m -. -„~I _ ~., ._i m ;~ ~_ . ~-~ ~~ ~ ~ f ~, ,~ ~ w~ C"v . f I r~ ~~r' ~- ~ ~ ~ . c- r' v Vi :~- te , ~ .r-~. J r-~ ~ Y--y ~ ~ ~ C'~ f 1 J l/ (ti ~ Q fi'- Z `' ~ ~ ~ " r' il ~ ':.. f3 J~ ~ ~ :1 Y w~ ~ n ~ ~ Lf'i ~f i ~ rr~~ on ~ ~ 'a ~ a. ~ _ s C L ~ U `` ; ~ ;~ o .o y r, ~ b~, _r, o; U '~ ~ R5 -~ 'i O 7 ' rL .~ -~ ~1 `" +-~ + a Qy u i > p 3 ;' M fl ~ v ~ ~ e ~-a •- 3 0 ~ ~o c~ ~ o ~ a ~ .~ ro v; ~ i, ~,J -M. =~ ea c y u s 3 ~ ~ O 0 ~ ~ i ~ ^" V !d 'yk ~ a ~ •*Y' ~''~ ~ ~ ~ o ' r ~ -,~ ~I~ ;w ~ O Cp P s ~ :r ~ ~ "•r, v, ~, ; ~Er ~ N ~ ~ro ~ ~ o~ ~ N ~ ,. ~ , i ° z s u ..~ ° MEMORANDUM TO: Mayor and City Commissioners FROM: Trade M. Lutchmansingh, P.E., Asst. City Engineer Richard C. Hasko, P.E., Environmental Services Director THROUGH: David T. Harden, City Manager DATE: February 2~-, 2010 SUBJECT: AGENDA ITEM S.B. -REGULAR COMMISSION MEETING OF MARCH 2 2p10 HOLD HARMLESS AGREEMENT /R.I.S. PROPERTIES INCJTD BANK ITEM BEFORE COMMISSION Commission approval to execute a Hold Harmless Agreement with R.I.S. Properties, Inc. to install an irrigation line within the Florida Department of Transportation right-of-way along S.E. 5th Avenue (south bound Federal Highway). This property is located at 969 S.E. 5th Avenue. BACKGROUND Since the irrigation Iine wiIl be installed within the State right-of-way, the Florida Department of Transportation requires the City to act as the Utility Permit applicant. The attached agreement holds the City harmless for the work performed under this permit. RECOMMENDATION Staff recamznends approval. HOLD HARMLESS AGREEMENT POR WORK PERFORIi'IED WITHIN THE STATE RIGHT-OF-WAY THIS HOLD HARMLESS AGREEMENT, is entered into this ~ day of ~~~1,-` , 2010 by and between the CITY OF DELRA'Y ~ BEACH, FLORIDA, {hereinafter refe~x'ed to as "CITY") and R.I. Pxo ernes Inc. (hereinafter referred to as "DEVELOPER"}. WITNESSETH: WHEREAS, DEVELOPER wishes to install/canstruct utilities in the right-of--way of the State of Florida; and WHEREAS, the CITY is required to sign the permit on behalf of the DEVELOPER to allow the instal7atioplcanstruction to take place in the State right of way; and WHEREAS, the CITY is required to indemnify and bald harmless the State for the woxk performed by DEVELOPER in the State right-of vcray; and WHEREAS, this Agreement shall provide that DEVELOPER shall hold harmless and defend the CITY and the State for the work perfoi~ned in the State right-of-way by the DEVELOPER, its contractor or agent. NOW, THEREFORE, far 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. DEVELOPER, in consideration of the payment of Ten Dollars ($10.00), receipt of which is hereby acknowledged, agrees to defend, indexr~ufy, and hold harmless the CITY and the State, their agents, officers, employees and servants from any and all claims, suits, causes of action or any claim whatsoever made, and damages, including, but not linuted to reasonable attorney's fees and costs at the trial and appellate levels, which may result from any activity conducted by DEVELOPER, its car-tractors or agents in relation to the work performed in the State right of--way and as more particularly shown on the engineering plans submitted for the development known as TD Bank-Delray Beach. 3. DEVELOPER warrants and guarantees to the O)<TY that all work on the utility improvement shall be constructed in accordance with the applicable caries of the City of I}elray Beach and the State of Florida. The DEVELOPER'S warranty and guarantee shall remain in effect far one year Tram the date of final acceptance. Unremedied defects identified for correction during the warxantylguarantee period but remaining a$er its expinatiozE shall be considered as part of the obligatiaxas o£ the guarantee and warranty. Defects in the installation or construction of the utility irprovement, which are remedied as a result of obligations of the warrantylguarantee shall subject the remedied portion of the work to an extended warrantylguarantee pei7od of one year after the defect has been remedied. ,DEVGIGOPER shall deliver this agreement to its Sru.•ety. The Surety shall be bound with and for the DEVELOPER in the DEVELOPER'S faithful observance of the guarantee. 4. DEVELOPER, shalt supervise and direct the installation and construction of the utility improvement, applying such skills and expertise as maybe necessary to perform the work in accordance with the approved engineering plans. DEVELOPER shall be solely responsible far the means, methods, techniques, sequences and procedures of the construction and installatioo: of the utility improvement. 5. Any claims, lawsuits or disputes that may arise under this Agreement shall be governed by the Laws of Florida, with venue in Palm Beach County, Florida. 2 6. This Agreement coxtstitutes the entire agreement and understanding of the parties, as it pe~~tains to the construction or installation of the utility. There are no representations or understandings of any kind not set forth herein. Any amendments to this Agreement must be in writing and executed by both parties. 7. DEVELOPER or its contractor shall maintain worker's compensation insurance in an amount required by law and genetai liability iunsurance in the amount of one million dollars {$1,Q00,000.04} governing bodily injuxy and property damage in standard fo~•xn, insuring CITY and the State as additional named insureds, DEVELOPI•iR or its contractor shall provide this information to the CITY on a Certificate of Insurance, that is acceptable to the CITY, prior to commencing installation or construction. $. DEVELOPER shall be bound by all the teens and conditions found in the Utility Pei7mit Agreement between the CITY and the State for this project and attached hereto as Exhibit ~,A~~ 9. This agreement shall not be valid unless signed by the City's Mayor and City Clerk. Il~T WITNESS WHEI,tEOF, the parties hereto Dave entered into this agreement the day and year first written above. ATTEST: By: City Clerk Approved as to Form: Iiy: City Attorney CITY OF DELRAY BEACH, FLORIDA By: 3 ViTOOdie Mcl~uffie, Mayor WITNESSES {Pr' or p Na e} _ .. ~l S (Print or Type Name STATE OF FLORIDA COUNTY OF PALM BEACH Ths foregoing ~, , 2010 officer or gent) of acknowledging), a of the corporation. ~~~ DEVELOPER: By: (Print or Type N Address: P.O. Box I 1 Pahri Beacha FL 33480 1 Phone: ~~n 1 A'3 ~- ~~ ~~. instrurnex~t was acknowledged before me this ~ day of by ~r-~ Sv~~e.t _ (name of officer or agent, title of ~' S ~r~crD~~-'~`t~,'~.~ . ._ (name of corporation _; ~,~ (state or dace of incorporation) corpoxatioaa, ors behalf He1She is ~ personally known to Yne or has produced (type of identification) as identification and~(did not) take . an oath. ~.~.~. ~,~' ~ hAY COMhfISSEetJ ~ [3Q 7452Q~ RKSa1R5;8: Jarwar 32,2052 ~~~ ppklo-dfMtihlatuy Und+~karc S Signature f Notary Public State of Florida P.III.E i4rtS r STATE Of FLORIDA OEPARTh1ENT qF TRANSPORTATION FORA171UA10-afi UTILITY PERMIT o cT'~ olro7 PERMIT N4.: &i=C7iQN NO.: STATE EZQAD 5 COUNTY Palm Beach FDbT cons(ructlon Is proposed or underway. ^ Yes ®No Financial Project ID: Is this wark related to an approved Utility Work Schedu[e7 ^ Yes ~ Nn If yes, Document Number; PERMITTEE: Richard C. fiasko, P.E. - Ctty of Defray Beach ADDRESS: 434 S. Swinton Rvenuo TELEPHQNE NUI4IBER: (561) 2~f3 - 7336 CITYlSTATEf~iP: Delray Beach,l~f33444 The above PtsRiNiTTEE requests permission from the State of Florida Department of Transportaffon, hereinafter called the FpOT, to construct, operate and maintain the follpw'rng: 48 spray nozzles and approxJmalely 140 LF of PVC Schedule 40 ircigation mainline FROM: 50' Jdorth of 5E 5~' Ave and S E 10ei Si intersectio T0: 245' North of 5E 5th Ave and Slw 10th St Intersecti Submitted for the PERMITTEE by: Name and Company (Typed or Printed t,egJbJy] Contact information AdcfrssslTelephanefE-Mail (if applicable) Signature Date Erik Wllczek, f'. E. 5200 N.W. 33rd Ave., Suite 109, Ft. Lauderdale, FL 33309 854-535-5100, eAk.wflcznkQkimiey-harn.com ~ ~ ~~ f~ 1. The Permittee declares that prior to filing this application, the location of aft existing utilities that it owns or has an intcrnst tn, both aerial and underground, are accurately shown on the plans and a letter of notification was matted on 9f13f2010 to the following utAifles known to be involved or patenfially Impacted En lhs area of the proposed instailatlon: AT&T Camcast. t=P&t_. Ftarlda Public Ufiltties. FPL Fiberrlet, t~uvnx, Paim Beach CountyTraTic 2, Ths local Maintenance or Residenf Engineer, hereafter referred In as the FDOT Engineer, shah be notified a minimum of forty elgh! (4t3) hours in advanco prior to starting work and again immediately upon completion of wark. The FDOT's Engineer is _ located at TalephoneNumber _ ThaPermitlee'semptoyaeresponsibleforMOTis Telephone Number . (Thisnamo maybnpravided at the time of the forty eight (48}hour advance-notice prior fo starting work). 3. All work, materials, and equipment shaft be subject to Inspection and approval by the FDOT Engineer. 't. All plans and tnstaffaffons shall con€orm to the requirements of #hn FDOT's UAM In effect as of the date this permtt €s approved by FDOT, and shelf be made a par# of thts permit. This pravis[on shelf not limit the authority of the FDOT under Paragraph S of this Permit. 5. This PermflEee shalt commence actual construction in good faith wi#hin days after issuance of permtt, and shalt be completed within days offer the permitted work has begun. if the beginning date is more than sixty {60} days from the dato of permit approval, the Permltteo must roview the permit vrith the FDaT Engineer to make sure no changes Rave pccurrad to the Transportation Facility that would affeaf the permitted construction. S. The construction and maintenance of such utility shall not Jnterfero with the property and rights of a prior Permittee. 7. It is expressly stipulated that this permit is a license far permissive use only and thatihe placing of utilities upon public property pursuant to this permtt shall not operate fo create or vest any prap$rty fight in said holder, except as provided in executed subordination and Railroad Utility Agreements. 8. Pursuant to Seofion 337.4t13(1), Florida Statues, any utility placed upon, under, over, or along any public road or publicly owned tall corridor that is found by FDOT to be unreasonably interfering in any way with iho convenient, safe, or continuous use, or maintenance, improvement, extension, ar expansion, of such public road or pubticiy owned rail corridor shalt, upon thirty {30}days written notice to the utility ar Ets agent by FDOT, ba removed or relocated by such utility at its own expanse except as provided in paragraphs (a) and (bj, and except for reimbursement rights set forth in previously executed subordination and Railroad Utility Agreements, and shall apply to all successors and ass[gns for the permitted facility. 9. It is agreed that in the event the relocation of said utilities are scheduled to be done simultaneously with the FDOT's construction work, the Permittee wlil coordinate with the FDOT before proceeding and shall cacperate Witt, the FDt3T's contractorto arrange the sequence of work sa as not to delaytheworkof the Fb~T's contractor, defend any legal claims of the FDQT's contractor due to delays caused by the Permittee s [aiiure to comply with the approved schedule, and shall comply with al! provtsfans of the law and the FbOT's curren# t1AM_ The Permittee shall not be responsible for delay beyond its control. 10. fn the case of non-compliance with the FDOT's requirements in effect as of the date Phis permtt is approved, this permtt is void and the #acilltywlll have to be brought into compliance or removed from the RM- at no cost to the F D4T, except for reimbursement rights set forth in previouslysxecuted subardinatfonand Railroad Utility Agreements. This provision shall not limit the authority of the FDOT under Paragraph $ of #his Permit. 11. It is understood and agreed that the rights and privileges herein set out are granted only to the sxtent of the State's right, title and Jnteresk in the land io be entered upon and used by the Permittee, and the Permittee will, at all times, and fo the extent permitked by law, assume all risk of and indemnify, defend, and save harmless the Sfato of Florida and the FpdT from and against any and all toss, damage, cost or expense arising In any manner on account nfi tfte exercise or attempted exeroises by said Permittoo of the aforesaid rights and privileges. 12. During construction, elf safetyregulafions of fha FDUT shaft bn observed and She Permittee must take measures, including placing and the dlspiay of safety devices that may ba necessary fn order to safely conduct the public Through the project area in accordance with the Federal MUTCD, as amended for highways, the requirements of the Standard Application Package for railways, Including flagging services and Railroad Protective Insurance oracoeptahfe alternative, when applicable, and the FDDT's Design Standards, indexes 600-670, and Standard Specifications for Raad and Sridge Consfrucifon,Section 102, as amended by the UAM. When a Utility deems ff necessary to conduct Traffic Control activities and methods significantly dJiferent from those addressed in the above references, the Utility must submit an alternative plan signed and sealed by a licensed Florida professional engineer quatitied fn develop TCP in accordance with the provisions of Chapter 8 of the UAM. 13. Should the Permittee be desirous of keepJng its utilities in piaco and out of service, the Permittee, by execution of Ehis permtt acknowledges its present and continuing ownership of ifs utiGffes Iccated between and within the FDQT's R1W as set forth above. Whenever the Permittee removes Its facilities, it shat[ be at iho Pemritfee's sole cast and expense. The Permittee, at its sole expense, shalt promptly remove said out of service utilities whenever the FDOT determines said removal is in the public interest. 14. to the event contamJnated soil fs encountered by the Utility or anyone within the permitted construction itm[ls, the Utility shelf immediately cease work and notify the FDOT. The 1'DOT shall coordinato with tho appropriate agencies and notify the Permittee of any suspension or revocation of the permit until contaminatlan assessment and remedtaUon, as appropriate under Role Chapters 62-770 and &2-730 Florida AdmJnistrative Code, has progressed to estate Page 1 of 2 F•UEE 19•A6 ~ STATE aF RORIDA OEPARit~1ENTOF TRANSPORTATION FORM 710~D1U•85 UTILITY PERMIT occ~ ulQi that ail environmental regulatory agencies having jurisdiction have approved the site of fhe contamination far resumption of work. 15, t=ar any excavation, eanstruction, maintenance, or support activities performed by ar an behalf of the FDf}T, within its RIt14f, the Perm[ttee maybe rettuired by the FDQT or its agents to perform the following activities with respect to a 1'ermlttee's facilities: physically expose or direct exposureof underground facaiiies, provide any necessary support to facitilies andfar cover, de-energize or after aerie[ facilities as deemed necessary for protection and safety. 16. Pursuant to Section 337.4fl1{2}, Fiarida Statutes, the permit shall require the permit holder to be responsible for damage resulting from fhe issuance of the permit. The t=DOT may inllla#e lnjunotive proceedings as provided In s.120.69 fo enforce provisions of this subsection or any rule or order issued or entered Into pursuant thereto. 17. Pursuant fo Section 337.402, Florida Statutes, when any public road or publicly owned rail corridor is damaged or impaired in any way because of the installation, inspection, or repair of a utility located on such road or publicly owned rail corridor, fhe owner of the utility snail, at his or her own expense, restate fhe road or publicly owned rail corridor to its original condition before such damage. i€ the owner fails to make such restoratlan, fhe authority is authorized to do so and charge the cask Ehereaf against the owner under the provisions of s.337.404. 18. The Permittee snail comply with all provisions of Chapter 556, Florida Statutes, Underground Facilities Damage Proveniion and Safety Act. 19. Special FDQT instrucilons: tt is understood and agreed chat commencement by the Permittee is acknowledgment and acceptance of the binding nature of ail the above fisted permit conditions and special lnstrucdons. 20: Receipt of this permit acknowledges responsibility to comply with Sectlan 179.07(3), Florida 5tetutes, and UAM Chapter 4.5.2, regarding Exempt l]ocumants and Security System Plans Requests. 21. Byfhe below signature, the Permittee hereby represents that no change to the FDDT's standard Utility Perrr-iE form, as incorporated by reference into Rule id-d6.Ofli, #or this l)tility Permit has been made which has net been previously coiled !o the attention of the FDC}T (and signified to by checking the approprtate box below} by a separate attached written documenf showing all changes and rho wr{flan and dated approyai of rho FDQT Engineer. Are there attachmenfs reflecting changels to thostandard form? ®NO ^ YE5 If Yes, pages are attached. PERMITTEE Richard C. FEasko, P.E. -Cilyof Delray Beach SIGNATURE RATE: f~[alne li<Title of Authorized Permittee or Agent Typed or Printed t.eglhly) APPROVED BY: 155UE DATE: District Maintenance Engineer ar Designee UTILITY PERMIT FINAL INSPECTION CEf2TIFlCATION DATE: DATE WORK STARTEl7: DATE WORK COMPLETED: INSPECTED BY: (Permittee ar Agent} GHAHGE AAPRUVED BY. QATE: Dlstrtct Maintenance Engineer or Desisnee l the undersigned Permtltee do herebyCERTIFY that the utility construction approved bythe above numbered permit was Inspected and Installed in accordance wish the approved plans made a part of This permit end in accordance with the FDOT's current UAM. All plan changes have been approved by the FDOT's Engineer and are attached #a #hls permit. 1 also certify that the work area has been left in as goad or baiter candlllon than when the work was begun. PERMITTEE: SIGNATURE: DATE: Name & Title of Authorized Permittee or Agent T ed ar Printed_t.e.glbly}.-._-- CC: District Permit Office Permittee Pogo 2 of 2 a a z O a U O f < ~~ ~_ Ft .r. ~i ~~., ~~~ ~t~. ~ »~'k x ~. a ~~- ~ a1..1.n 4i ~ ~~~ ~ ~~~ ~~ ~~~y~ ~ ~...~ ~ ` » ~ ~~~ ~~ ~~~~~.m i7?: Y:s c it ~.. }~ y 2 ~. `+~-"Y ~ k 1 4 Y:~ ;:~~ ~~~. /VJ V U m L N .~.. 0 ~a ~® m- ~ ~~ ~° .~ sA ~o ~®~N W' ~ ~, ~n ~ ~ r 0 N co N N MEMORANDUM TO: Mayor and City Commissioners FROM: SCOTT PAPE, AICP, SENIOR PLANNER PAUL DORLING, AICP, DIRECTOR OF PLANNING AND ZONING THROUGH: CITY MANAGER DATE: February 24, 2010 SUBIECT: AGENDA ITEM S.C. -REGULAR COMMISSION MEETING OF MARCH 2, 2010 ACCEPTANCE OF A RIGHT-OF-WAY DEED/STAKLER HOLDINGS LLCIPUTT'N AROUND DELRAY BEACH ITEM BEFORE COMMISSION The action requested of the City Commission is acceptance of a right-of-way deed associated with the Putt'n Around Delray Beach miniature golf course located on the west side of NE 5~` Avenue, between NE 3r~ Street and NE 4t~ Street (3S0 and 362 NE 5th Avenue). BACKGROUND At its meeting of February 10, 2010, the Site Plan Review and Appearance Board (SPRAB) approved the Class V site plan application for the Putt'n Around Delray Beach development. The development consists of a 36-hole miniature golf course with a 3,542 squaxe foot attendant building. The approval is subject to a condition that 4 feet be dedicated for the alley along the west side of the property. The right- of-way deed has been reviewed and approved by the City Attorney's Office for legal form and sufficiency. RECOMMENDATION By motion, accept the 4-foot right-of-way deed associated with the Putt'n Around Delray Beach miniature golf course. Prepared by: RETI.TRN to: Thomas M. Stanley, Esq. MacMillan & Stanley, PLLC 29 NE 4th Avenue Delray Beach, PL 33483 PIN # 12 43 46 16 05 097 0040 12 X13 46 16 05 097 0070 RIGHT-OF-WAY DEED THIS INDENTURE made this day of 2010, between STAKLER HOLDINGS, LLC, Florida limited liability company, with a mailing address of clo MacMillan & Stanley, 29 NE 4`h Avenue, Delray Beach, Florida 33483, as party of the first part, and CITY OF DELRAY BEACH, FLORIDA, a Florida municipal corporation, with a mailing address of 100 N.W. 1st Avenue, Delray Beach, Florida 33444, as party of the second part. WITNESSETH: That said party of the first part, for and in consideration of the mutual promises herein contained and other good and valuable consideration, does hereby grant, remise, release, quit claim and convey unto the party of the second part, its successors and assigns, all right, title, interest, claim and demand which the party of the first part has in and to the following-described land, situate, lying and being in the County of Palm Beach, State of Florida, to-wit: THE EAST 4 FEET OF THE WEST 20 FEET OF LOTS 4 THROUGH S, INCLUSIVE, BLOCK 97, HIGHLAND PARK, ACCORDING THE PLAT THEREOF AS RECORDED IN PLAT BOOK 2, PAGE 79, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. See also Exhibit "A" attached hereto for sketch. This Deed is made for the purpose of giving and granting to the parry of the second paxt, its successors and assigns, aright-off way and easement in and to said lands for public highway, street, and public utility puxposes and the maintenance thereof; and is made, executed and delivered with the express understanding and condition that should the same ever be discontinued or abandoned as a public highway or street, the title to same shall thexeupon revert to and revert in the party of the first part or assigns, except that the easement for public utility purposes shall remain until released. That this right-of--way shall be subject only to those easements, restrictions, and reservation of record. The party of the first part agrees to provide for the release of any and all tx~ortgages or liens encumbering this right-of way. The party of the first part also agrees to erect no building or effect any other kind of construction or improvements upon the above-described property. Party of the first part does hereby fiz11y warrant the title to said land and will defend the same against the lawful claims of all persons whomsoever claimed by, through or under rt, that rt has good right and lawful authority to grant the above-described right-of--way and that the same is unencumbered. Where the context of this Right-of--Way Deed allows or permits, the same shall include the successors or assigns of the parties. TO HAVE AND TO HOLD TIIE SAME, together with all and singular the appurtenances thereto belonging or in anywise incident or appertaining, and all the estate, right, title, interest, and claim whatsoever of the said party of the first part, in law or in equity to the only proper use, benefit, and behalf of the said party of the second part, its successors and assigns. IN WITNESS WHEREOF, said party of the first part has hereunto set their hand and seal the date first above written. Signed, sealed and delivered PARTY OF THE FIRST PART in the presence af: STALKER HOLDINGS, LLC, a Floxida (Signature) limited liability company (Printed Name} By: Name: Elise Johnson (Signature} Title: Managing Member (Printed Name) 2 EXHTBTT A 51~'~TCN ~F D.~SCRfPT1~N E7~HIBlT `A" s,~Er~o~-a w ~ ' z r r r q~ "~r /{r ~~f r~` `' fi V1~ 1 ~r 'J~ ~` ~~ ~` ~j ~r -I .~ jjJJ E r 4 ~ C ~ 4 !` 1k~9°24'~ N: 4.~5' .D LaT ~ 6~Opf 97 LOT 5 ~GC~k' 37 R 8L(7L~f 97 LOT 7 ~opc 97 ~ ; ~' h7 p~~ car 8 ~~ ~ qa ~oacs~ ~~ ~~ ~©• ]~~LO e ORDER N0. 0~-11RW(N~ (VOTES THIS !S lVOT A SURREY 7NE NORTH LINE OF' L4T ~ !S A55Ulv~D TD BL',4R toss°2~~os"w. O.RB --= OFFfC1A~. REGARDS BOOR ,- CENTEi4LINE IJ~.Jlil V!- !llll Y. THE EAST ~ FEET OF THE WEST ~o FEET oF.~.ors ~ THl~OUGN ~ !lvccuslVE eLOCr~ s~ !~'GI~Al~87 PAf2lC, ACC012DlNG TQ Tl-E PLAT THEREOF AS RECORCI® IN PLAT' BOQK ,~, PAt~ 79, PUBLIC REC012D5 OF PALM BE~,CIV COUtVTY, FLORIDA. i,..r:'n5hssi ' PAUL Q -"•~ , ;.a ~__. ~• ,.,,.~;.;,~.,:.::~ 5UR1/EY~?•~1SID' ~v11~F?F' PER=~5Z08' DATE J~4l1~ .~b,,-=2c77D.-~~~-.`."~.~::..~' C)731?!~"N, SU{TER ~c O'BRlE7Y, f1YC C~"RTIFICATF DF• AUTHORIZATION #l. SURVEYOR RIND MAPPER IN RESPC1ly CHARGE: PAUL D. ENGLE 955 N.W. 77TH AVENUE, SUITE !C7 DELRAY S£ACN FLORIDA 33445 ~56'T) 275---4501 ~~~~) 732-~3.~79 e e i h€. E. 5TH N.E. 5TN CT. ~ G~~ N_E. 5TH ST. z s~i z N_ . I Id 2 ~~ N N.E. N.E. 5TH ST. Q Z vi 5T. -- a Q Q W W L~.. w 2ND /(~~~ ST. 1JIII1! ~ z J 4 W d W L~ _::i~l:•' .-...-.... ~: .:~, o ~1.._ :T?i - .,a ua .{. - =' - ~:.i~. -.a.I - »: >.~.::!SS. ~..._..-<-......_...._._. _. ..__......._._`. ~......_.i..__...__ : ~S4san~._.~.-?-_ :._.,-._~...~......__-•--__<Y:.zr.~:f~Yi~_•- ............. _ w ..._~ ~_y A_~i° :~_~:'."-.....' ~~~ - - '~ ~~3M 1N~.5:~~~~ . ~::_.3'-~~-'~~C~~1J~:4'N!F-.:alfice' =__- ._.1.s`i'...: ~_sn..-v.v. ~L :..s«,..` .S.~_'~::h'..._ ~ _ .~.__...._,_.a . ~ iW i :, ~~~z _.~ . _ lE:•-....: s,x~.._..... ........._ _ _ fl~"~, 4;:~..~~1~:: :c-a... ~.~~'~.:_ ]icten~= r._:?;i.._ ~.-...Y _rf_^i~'rvWi~~~•u.n.:=_':„i-~~'=.~-~_.`_~~>"',~`-jam:::.-__. N ...--•-•--..... ~.-_; ....«.~..._...~.., W__.v. s^._"-.' :`=...11:~4a:"."^~..::1'::.~.~.r'"Y1LI.-".: ~"~5\_3 :: ._ ............ .~ ~ :::`::~?ice _ _ ~.; .:o.__.,_..._._ ._.._~...eS "'.:: ,~.>-:_i:~ r- _ ~ ... _._x~ •~.~: ~...._.. _.._....;n:_ __ r .. _ ~`»~i;"~`~__~r-ii _..~ _ :. s ~ lei .z ~~.-~""'~`:.Wa__ .ur~:G _..~:.;:--cs:-r. .._r`.: ~:sY:~.J.?..~~~:~-~.-'==_~~ - -~.rs?z'y ~";a :;==."%'wi~ .~:?L: ... ~YA._.z.~i^~Le ::'._. _....~.N, .._.._ N _ ;[`zFie~ ~. 5_... ..,. Sa_°._`~^~~eW[2-=-1 °Y- Z`^. •--x3.^.a`"+-^"' - K.-,~`nYC~C y"~1G4::.«;:~ :»:::-'.=-.v=li:-..............~ :_-~~ ~.Y a :--- -- O/ CIFAt BASE MAP SYSf£M -- - - t~}1's~ _J"~ev .. h ~.. ~~Y ~~si.~a_~is"s~1~ _...._.__.... _ - _ _ _ _ e _a_s~ _ ~j _ _ _ _ -~A ..._~` .:Y 'ice -_v:t.^.. __...~.._.~...... - ~..'`:?'is'ss=cd=.~--. ~.-__::~.:~~:~ = . ~..n-c-.xr ..9ri'n Wilsx:'"'^• ..,_..-~.___....__.r - - ~ ,.-''Tsi?'-' = ~rca.~Ynµ.:~~•~.m~c::ti;"~-~ c'•~ s i--sw~-.::n-rs:~:~::1=•--;~' ~ ~"~s~~°~i.=~.. _ FIAP REF: S:\PlonnFng ffi Zoning\~$lU5\Fle-Cab\Z-LM 1801-1S6Q\LM1159.~ukt~N Around ~ ~ N.E. Q Sri H ~ ~y ~~ u~ a ~d ~bdg~ ~ 0 ~ ~ ~~~~e ~y~le Y[Y€~k ~gAlB~ ~ ~~ p~~€ t!~ `tC kt ptp ~~6~ wo 4K eRe ~ ~E~ ~ ~~~ ~~ F~~ E, '~'. ' ~ .. .,.., - +~+sr' i ~ n i "" - a ,z~ ~ } :. ..... ~ ueeo:iw. Q: q ~a :.~ s~ {~'_ ~ R' ~-. k __ ~„ wex.J4t _~~S _ Si~ Y^+~w. ~ aF3 j ~I~ N i ~'¢ S ~ ~ - ~~~~~~6i~ G o ~ a 3d~~ ~~ ~~ s ~ ~ ~ ~ ~a ~~~~r~~~ ~~ ~ ~ ~= ~~ ~ soozfszlta ~sn ~~vn€ouiaNO~ ~~ ~~ $q ~ ~~~ a s ~ ~ ~i~ } m ~ ~ ~' z ~~ ~~ ~~ mcu a -sw uvann rear .a.u ~.a,~ ~ ammo. va.mo ruao am amo: m~aco~ ~e xr xvder ar wd+w row amuuv vrer ~.ia a.o aenn.ma 7~ o aornm .u MEMORANDUM TO: Mayor and City Canmmissioners FROM: Randal L. Krejcarek, P.E., LEED AP, GISP, City Engineer Richard C. Hasko, P.E., Environmental Services Director THROUGH: David T. Harden, City Manager DATE: February 19, 2010 SUBJECT: AGENDA TTEM $.D. -REGULAR COMMISSION MEETING OF MARCH 2 20l fl INTERLOCAL AGREEMENT/PALM BEACH COUNTY ITEM BEFORE COMMZSSXON Request for Commission approval/authorization for Mayor to execute a new Interlocal Agreement (replacing an expired agreement) with Palm Beach County which will reimburse the City $250,004.00 for the installation of the trombone mast arms at the intersection of West Atlantic Avenue and SW/NW 12th Avenue. BACKGROUND The Florida Department of Transportation (FOOT) recently completed the resurfacing, restoring and rehabilitation {RRR) project on Atlantic Avenue between SW/NW 12th Ave and SR A1A, excluding the section between Swinton Avenue and SEINE Sth Avenue which is under City control Construction on this project was anticipated to be completed by the end of 2009. As part of this project the City requested that the Florida Department of Transportation {FOOT) replace the span wire signals at W Atlantic Ave and SW/NW 12th 10th and 8th Avenues with trombone mast arms signals. The cost of converting these three signalized intersection to mast arms is the responsibility of the City. The City asked the County for assistance in paying for this additional cost and the county agreed. The County agreed to contribute $250,000.00 toward the installation of the mast arm at SWINW 12th Avenue. The original agreement expired in 2009 when the work was not yet completed. The City requested, and the County granted, a time extension because the installation is actually part of the RRR project which is adtni_nistered by FOOT. This new agreement extends the completion date in the inter-local agreement to 30 Tun 2010. RECOMMENDATION Staff recommends approval. 1NTERLOCAL AGREEMENT THE CITY OF DELRAY BEACH FOR INSTALLING TROMBONE STYL>` MAST ARMS AT SW1NW 72~ AVENUE AN^ WEST ATLANTIC AVENUE THIS tNTERLOCAL AGREEMENT i5 made and entered into this day of , by and between PALM BEACH COUNTY, a political subdivision of the State of Florida, hereinafter referred to as "COUNTY" and THE CITY OF bELRAY BEACH, a municipal corporation of the State of Florida hereinafter referred to as "CITY" WITNESSETH: WHEREAS, on []ecember 4, 20D7 the CITY and the COUNTY entered into an Interlocal Agreement R2007 2157 providing funds to the CITY to reimburse the Florida Department of Transportation (FOOT) towards upgrading the traffic signs[ at 12~` Avenue and W. Atlantic Avenue by adding a trombone style mast arm, support structure, traffic signal, drainage, and paving hereinafter referred to as "PROJECT" in an amount not to exceed TWO HUNDRED AND FIFTY 'THOUSAND DOLLARS ($250,D00.00) and; WHEREAS, Interiocal Agreemen# R2007-21 b7 expired an March 30, 2009 after which CITY requested an extension of the time far reimbursement to June 30, 2010; and WHEREA5, the CITY and COUNTY agree that due to the expiration of the agreement a new agreemen# is required to allow more time for completion and final invoices; and WHEREAS, when eornp[eted by FOOT the COUNTY will be responsible for the subsequent maintenance of the PROJECT as per Traffic Signs! Agreement 82007- 1670; and WHEREAS, the COUNTY believes that the PROJECT serves a public purpose by upgrading the existing intersection from withstanding up to one hundred fifteen miles per hour winds to one hundred fifty miEe per hour winds and wishes to support the PROJECT by providing reimbursement funding for the documented costs in an amount not to exceed TWO HUNDRED AND FIFTY THOUSAND DOLLARS ($250,000.00); and NOW THEREFORE, in consideration of the mutual covenants, promises, and agreements herein contained, the parfiies agree as follows: 1. The above recitals are true, correct and incorporated herein. 2. The COUNTY agrees to provide to the CITY reimbursemen# funding 1 for documented costs of the PROJECT in an amount not tq exceed TWO HUNDRI=D AND FIFTY THOUSAND DOLLARS ($250,000.00). 3. The COUNTY agrees to reimburse the CITY the amount established in paragraph 2 for costs associated with the PROJECT, Cncluding those cost incurred prior to the execution of #his agreement, upon the CiTY's submission of acceptable documentation needed to substantiate its cast for the PROJECT. The GOUNTY will use its best efforts to provide said funds to the CITY on a reimbursement basis within forty-five (45) days of receipt of al[ information required in paragraph 6, below. 4. The COUNTY'S obligation is limited to its paymen# obligation and shall have na obligation to any other person or entity. 5. The CITY designed and the FI30T assumed all responsibility for contract preparation and contract administration necessary far the PROJECT, including payment(s) to contractor(s) pursuant to a[I applicab[e gavemmental laws and regulations. 6. The FDOT provided all labor and materials necessary for the PROJI=CT and famished to the CITY'S representative with a request for payment. The CITY has reimbursed FC7~T and will famish the COUNTIf's represented wFth a request for payment supported by the following: A Contract Payment Request I"orm and a Contractual Services Purchases Schedule Form, attached hereto and incorporated herein as Exhibit "A" (pages t ii< 2), which are required for each and every reimbursement to the CITY. Said information shall list each invoice payable by the CITY and shall include the vendor invoice number, invoice date, and the amount payable by the COUNTY_ The CITY shaCl attach a copy of each vendor invoice paid by the CITY along with a copy of the respective check and shall matte reference thereof to the applicable item listed on the Contractual Services Purchases Schedule F'onn. Further, the CiTY's Financial Officer shall also certify that each invoice Cisted on fihe Contractual Services Purchases Schedule Farm was paid by the CITY as indicated. 7. As it relates to this Agreement, the COUNTY may initiate a financial Sys#ems analysis and/or an intemai fiscal control evaluation of the CITY by an independent auditing firm employed by the COUNTY or by the County Internal Audit Department at any time the COUNTY deems necessary. 2 S. The FDOT obtained and complied with all necessary permits, approvals and authorizations from any federal, state, regional, or COUNTY agency which are required for the PROJEGT. 9. The PROJECT is completed and final invoices shall be submitted fo the t COUNTY no later than June 30, 2010_ In the event the CITY needs additional time to complete the PROJECT or invoice the COUNTY. The CITY must notify the COUNTY in writing by March 30, 2010 of the need for an extension of time. 1=a1ure to meet the March 30, 2010 notification date may result in expiration of this agreement and loss of COUNTY funding for the PROJECT. 1 D, Each party shall be liable for its own actions and negligence and to the extent permitked by law; tfae CITY shall indemnify, defend and hold harmless the COUNTY agains# any actions, claims or damages arising out of the GITY's negligence in connection with this Agreement or the performance by the GITY as it may relate to this Agreement. The foregoing indemnification shall not constitute a waiver of sovereign immunity beyond the limits set forth in Florida Statutes, Section 768.2$, nor shall the same be construed to constitute agreement by either party to indemnify the other party for such other party's negligence, wilffui ar intentional acts or omissions or for any amount over the limits set forth in FL Statute 768.28 despite any case law to the contrary. 11. lNrthout waiving the right to sovereign immunity as provided by s. 768.28 fs., the CITY acknowledges to beself-insured for General Liability and Automobile Liability under Florida sovereign immunity statutes with coverage limits of $100,000 per person and $200,000 per occurrence; or such monetary waiver limits that may change and be set forth by the legislature- In the event the CITY maintains third-party Commercial General Liability and Business Auto Liability in lieu of exclusive reliance of jself-insurance sander s.768.28 fs., the CITY shall agree to maintain said insurance E policies at limits no# less than $5D0,000 combined single limit for bodily injury or property damage. The CITY agrees to maintain or to be selfrinsured for Worker's Compensation & Employer's Liability insurance in acxardance with Florida Statute 440. When requested, the CITY shall agree to provide an affidavit or Certificate of Insurance evidencing insurance, self-insurance, andlor sovereign immunity status, which COUNTY agrees to recognize as acceptable for the above mentioned coverage. Compliance wi#h the foregoing requirements shalt not relieve the CITY of its liability and 3 obligations underthis interlocalAgreement. 12. As provided in F.S. 287.132-133, by entering into this Agreement ar performing any work in furtherance hereof, the CITY certifies that its affilia#es, suppliers, sub-contractors, and consultants who perform work hereunder, have not been placed on the convicted vendor list maintained by the State of Florida Department of Management Services within 36 monfhs immediately preceding the date hereof. This notice is required by F_S. 287.133(3)(a). 13. If a contractor is engaged by the CITY for work associated with this Agreement; the CITY agrees to require the con#ractor to maintain: a. Workers' Campensa#ian coverage in accordance with Florida Statutes, and; b. Commercial General Liabil"~y coverage, including vehicle coverage, in combined single limits of not less than ONE MII.LIDN DOLLARS {$3,000,000.00). The COUNTY shall be included in the coverage as an additional insured. c. A payment and performance bond for the #otal amount of the PROJECT in accordance with Florida Statute 255.0. 14. In the event of termination, the CITY shall not be relieved of liability to the COUNTY for damages sustained by the GOUNTY by virtue of any breach of the Agreement by the GITY; and the COUNTY may withhold any payment to the CITY far the purpose of set-off until such time as the exact amount of damages due the GOUNTY is determined. 15. Termination of this Agreement shall result in all obligations of the ', COUNTY for funding contemplated herein to be cancelled. '~ 16. The CITY warrants and represents that all of its employees are treated equally during employment without regard to race, color, religion, disability, sex, age, national origin, ancestry, marital status, sexual orientation, gender identity and expression or handicap are not discriminated against in performance of this Agreement, In the event a contractor is engaged by the CITY for work associated with the PROJECT, the CITY agrees to include in the above language in the contract. ~ 17. In the event that any section, paragraph, sentence, clause or provision hereof is held invalid by a court of competent jurisdiction, such holding shall not affect the remaining portions of this Agreement and the same shall remain in full force and effect_ 4 18. All natives required to be given under this Agreement steal! be in wri#ing, and deemed sufficient to each party when sent by United Sta#es Mail, postage paid, to the following: AS TO THE CDUIVTY Engineering and Public Works Department Tanya N. McConnell, P.E. Deputy County Engineer P.O. Box 21229 West Palm Beach, Florida 334'E6-1229 AS TO TNI= CITY City of Delray Beach Mr. Randall 1Srejcarek, P.E. City Engineer 434 Sa. Swinton Avenue lJeiray Beach, Florida 33444 Phone: 564-243-73?2 Fax: 561-243-7314 19. This Agreement shall be construed and governed by the laws of the State of Florida. Any legal action necessary to enforce this Agreement shall be held in Palm Beach County. No remedy herein conferred upon any party is intended to be exclusive of any other remedy, and each and every other remedy shall be cumulative and shad be in addition to every other remedy given hereunder or now hereafter existing at law or in equity or by statu#e or a#herwise. No single or partial Exercise by any party of any right, power or remedy shall preclude any other or further exercise thereof. 26. Any costs or expenses (including reasonable attorney's fees) associated with the enforcement of the farms and conditions of this Agreement shall be borne by the respective parties; provided, however, that this clause pertains only to the parties to the Agreement. 21. Except as expressly permitted herein to the contrary, no modification, amendment, or ai#eratian in the terms or conditions contained herein shall be effective unless contained in a written document executed with the same formality and equality of dignity herewith. 22. Each party agrees to abide by all laws, orders, rules and regulations and the CITY will comply with all applicable governmental codes during the PROJECT. 23. The COUNTY shall not be deemed to assume any liability for the i negligen# ar wrongful acts, or omissions of the other party (or parties}. Nothing contained herein shall be construed as a waiver, by any of the par#ies, of the liability ', limits established in Section 7Fi8.28, Florida Statutes. ~ 24. Each party shall promptly notify the other of any lawsuit, complaint, !~ or cause of action threatened or commenced against i# which arises out of or relates, in II any manner, to the performance of this Agreement. I 25. The parties expressly covenant and agree that in the event any of the parties is in default of its obligations under this Agreement, the parties not In default shall provide to the defaulting party thirty (30} days written notice before exercising any of their rights. ', 26. The preparation of this Agreement has been a joint effort of the parties, I and the resulting document shall not solely as a matter of judicial constraint, be II!I construed more severely against one of the parties than the other. I 27. This Agreement represents the entire understanding among the parties, ', and supersedes all other negotiations, or agreements, either written or oral, relating to this Agreement. 28. A copy of this Agreement shall be filed with the Clerk of the Circuit Court ', in and for Palm Beach County, Florida. ', 29. This Agreement she!] be efFec#ive upon execution by both parties and shall I cantinas in effect and be binding on the parties until the PROJECT is completed as III evidenced by the written acceptance of the COUNTY ar pecember 39, 2090, whichever occurs first, or terminated in accordance with Paragraphs 14 and '[ 5. REMAINDER QF PAGE 1"E1=T BI.AI~IK 6 IN WITNESS WHEREOF, the parties have executed this Agreement and it is effective on the date first above written. C[TY OF DELRAY BEACH BY=. Mayor ', ATFEST: 13y: City Clerk '' APPROVED AS TO FORM AND ~, LEGAL SUFFICIENCY 'I sy: City Attorney PALM BEACH COUNTY, FLORIDA, BY ITS BOARD OF COUNTY COMMISSIONERS By: Burt Aaronson, Ghair ATTEST: SHARON R. BOCK, Gl_ERK & COMPTROLLER By: Deputy Clerk APPROVEb AS TO FORM AND LEGAL SUFFICIENCY By: Assistant County Attorney Date: Date: I APPROVED AS TO TERMS !~ AND COND[TIONS BY= Date: 7 a ~ ~ h 4 i C ~ 1 M f N ~' f X31 Y ~~ 14 ~ ~ 4~~ y ~ ~ ^ ~ y~ ~~~i n "^i~~ ~ ~ ~~~ ~ x w ~ r ~~, yy + t I T n ~`A.' FC. ~, .n.~ ~t i' ~ ~ r`e d~; &. ~ir~~'"` - ~.~ ia' ~it~ : ~ ~1NF .,. zf ~ '; '~ '~' ~]~t ~R',~ir k Y ik ~ ~ +~'S i. +t! 'i~-~r~ 'try ~~ ~~ ~ qqa P ~~ ~ }r ~ ~ b I~ ~, 4 ~_ ~S~ ~~~4''AAF~~ $ l ; [ K y ' ~t•.~t ~ i u i t a ~~ ,n f d 1T ;', ,~ ~ ~~~ 7 ~ 'A {~' yr„ ~'`x ~~ ~~5 E ~ E ~, ~. may,.. ~'~ ~'~`~,~~L~cS'~3.Yhl~ +,~tu'{ y ~ „v ~ akT ~ _ .. `'.; t ire `' ~ _ a~ ~ x_ ~ t ~ ~ rt~~ r y ~ ~r , { _- Y r `' ~^~`~ a t;~ m m a 0 M MEMORANDUM TO: Mayor and City Commissioners FROM: Lula Butler, Director of Community Improvement THROUGH: David Harden, City Manager DATE: February 25, 2414 SUB3ECT: AGENDA ITEM 8.E. -REGULAR COMMISSION MEETING OE MARCH 2 2010 AMENDMENT NO 2 TO THE COMMUNITY DEVELOPMENT BLOCK GRANT CDBG, /TED CENTER AGREEMENT ITEM BEFORE COMMISSION Approval is requested to execute Amendment No. 2 to the tri-party agreement between City, the CRA and the Center for Technology, Enterprise and Development (TED Center). BACKGROUND At the February 5, 2008 meeting, Commission approved a tri-party agreement between the City, the CRA and the TED Center to provide business incubator and technology services to residents and businesses located within the CDBG target area & CRA District. The agreement covered services provided to eligible TED Center clients for FY 2007108. In contrast to the 2406107 tri-party agreement which fully subsidized the cost of services, last year's agreement required that eligible TEDCenter clients pay a 25°Io fee for business incubator and technology services. The remaining 75% of the fee is paid by the City and CRA. The City and CRA contributed a total of $55,000 ($25,000 and $30,000 respectively) to cover services provided. Due to a significant slow down in local business start-ups requesting business incubator services, the TEDCenter was unable to spend the entire allocation from the City and CRA during the 07108 FY. To date, the TED Center has invoiced the City for a total of $32,489.50, leaving a remaining balance of $22,510.50. The TED Center has requested that the FY 07108 funding agreement be amended to allow the remaining funds be use during FY 09110. Other terms of the agreement, including eligibility requirements, applicable services, and fees will remain the same. FUNDING SOURCE Community Development Block Grant 11&1966-554-83.01 RECOMMENDATION Staff recomzxxends approval of Amendment No. 2 to the tri-party agreement between the CRA, the City of Delray Beach TED Center. AMENDMENT NO. 2 TO THE COMMUNITY DEVELOPMENT BLOCK GRANT AGREEMENT BETWEEN THE CITY OF DELRAY BEACH, THE DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY AND THE CENTER FOR TECHNOLOGY, ENTERPRISE, AND DEVELOPMENT_I_NC. THIS AMENDMENT NO. 2 to the Community Development Block Grant Agreement dated February 22, 2408 between the CITY OF DELRAY BEACH, hereinafter referred to as "City," the DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY, hereinafter referred to as "CRA", and THE CENTER FOR TECHNOLOGY, ENTERPRISE, AND DEVELOPMENT, INC., hereinafter referred to as "the Service Provider," is hereby amended this day of , 2008. WITNE55ETH: WHEREAS, the City, CRA and Service Prodder entered into an Agreement dated February 22, 2448 (the "Original Agreement"), and WHEREAS, the parties wish to amend the Agreement to extend the term of the Agreement until September 30, 2090. NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties hereto agree as follows: 1. Recitals. The recitals set forth above are hereby incorporated as if fully set forth herein. 2. The City, CRA, and Service Provider agree that Article III, "Funding and Method of Payment", Paragraph 3.1, and Article IV, "Term of Agreement" of the Original Agreement shall be amended to read as follows: ARTICLE 111 FUNDING AND METHOD OF PAYMENT 3.1 The maximum amount payable by the City (contingent upon receipt of 08-09) CDBG funds under this Agreement will be up to Nine Thousand Nine Hundred and Thirty-Seven and 39/100 Dollars ($9,937.39). The maximum amount payable by the CRA under this Agreement will be up to Twelve Thousand Five Hundred Seventy-Three and 111100 Dollars ($12,573.11). If any of the Twenty-Two Thousand Five Hundred Ten and 5flIfl0 Dollars ($22,514,50) allocated under the annual contracts for Fiscal Years 2007-08 and 2008-09 has not been encumbered prior to September 30, 2010, then the unused portion must be returned to the City andbr CRA. The Service Provider shall not charge the Client under any circumstances for services paid for by the City or CRA listed in Attachment "A". ARTICLE IV TERM OF AGREEMENT The term of this Agreement shall be from October 1, 2009, to September 30, 2010. 3. All other terms and conditions of the Original Agreement not in conflict with this Amendment Number Two shall remain in full farce and effect. IN WITNESS OF THE FOREGOING, the parties have set their hands and seals on the day and year written above. WITNESSES: Print Name: Print STATE OF FLDRIDA COUNTY OF PALM BEACH THE CENTER FOR TECHNOLOGY, ENTERPRISE, AND DEVELOPMENT, INC_ By: Print Name: Title: The foregoing instrument was acknowledged before me this day of 2010, by agent, title of officer or agent) of (name of officer or (name of corporation acknowledging), a (state or place of incorporation) corporation, on behalf of the corporation. He/She is personally known to me or has produced take an oath. (type of identification) as identification and did (did not) Signature of Notary Public -State of Florida 2 ATTEST: City Clerk Approved as to form: City Attorney ATTEST: CITY OF DELRAY BEACH, FLORIDA By: Print Name: Titie: DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY By: Print Name: Title: H:120061060018 DSCRAIAGMT 20081Amendment No 2 to TED Center Agmt.doc TED Center2p07.2008 Attachment "A" Scope of Service Provider Program: 8~rsiness Incubator i Service i Unit Fee CityICRA Client Pays I Descripfion of Service _ i Pis (75P/oy {25°/a}. TED Center Membership and Each $500.DD $400.00 $f00.00 Fee tncludes one catendaryearofthe Assessment Fee following services fisted below as needed by cfrent Assessment Included $0.00 $0.00 Concept and Planning Included $0.00 $0.00 Sessions including counseling sessions when requested, mentoring, telephone consults when requestod, document review, editing, periodic case review Market research, marketing Included $0.00 $D.flD analysis and planning, sales plan design and analysis Review and evaluate personal Included $0.00 $O.DO finances Review and evaluate Included $fl.Ofl $O.DO business ro osals Site selection advice and Included $D.DD $0.00 evaluation Assistance w! rent Included $0.00 $0.00 negotiations On-site business inspections Included $0.00 $0.00 and evaluations Com uter Research Included $O.OD $D.00 Meetin s with Staff Included $0.00 $D.Dfl TED Center printed articles, Included $0.00 $0.00 handouts and materials Ten Basic Steps to starting Included $0.00 $O.DO cur own busiess Personal Bud et Included $D.OD $0.00 Business Bud et Included $D.00 $0.00 Personal Finance Statement Included $D.00 $0.00 Commercial Loan Checklist Included $0.00 $0.00 Fundin Packa a Included $0.00 $D.Ofl Business Plan Packa a Included $0.00 $0.00 Prepare Corporate, LLG or Each $235.D0 $176.25 $58.75 State f€ling fee is additional Florida Not-for-Profit Documents Fictitious Name Registration - Each $235.00 $176.25 $58.75 State filing fee is additional if necessa Obtain Federal Employment Each $35.00 $26.26 $8.75 State filing fee is additional ID Number Registration as Sub-Chapter Each $35.00 $26.25 $8.75 "S" Car oration Obtain Florida Sales and tJse Each $35.flfl $26.25 $8.75 Tax ID Obtain D&13 Number Each $10.DD $7.50 $2.50 Marketin Plan Each $30D.DD $225.fl0 $75.00 Market Research is 112 of the fee City of Delray Beach Each $35.00 $26.25 $8.75 City fee is additional 4ccu ational License Pafm Beach County Each $35.00 $26.25 $8.75 County fee is additionaE Occu ational License TEa Center 2007-20Ut3 Atkachmenk "A" Scope of Service Service =UniE Fee City1CRA ~Ctient Pays Uescripfian of Sen~ic? Corporate Kit Each $125.00 $93.75 $31.25 Obtained from 3rd part}r, Contents io be conformed b TED Center. SBA 8{aJ Application and Each $t,00fl.00 $750.00 $250.fl0 Certification rocess Complete application and Each $t,000.00 $750.0fl $250.00 IRS will charge client additional $70fl.00 apply for tR5 50t (c)(3}status fee Registration with the Palm Each $175.00 $131.25 $43.75 Beach County Office of Small Business Assistance Registration with the State of Each $175.00 $131.25 $43.75 Florida, Office of Supplier Diversity Skeleton Kit Each $385.00 $288.75 $96.25 Used for Business Plan, Funding Package, lnvestar Package, Grant Package, OSBA Certification, SBA 8{a} Certification, SBA Loans, Florida Office of Supplier Diversify Certifications and all other Certifications, etc. Preparation of Business Plan - Each $750.00 $562.50 $187.50 basic fee Preparation of Funding Each $750.0fl $562.50 $187.50 Package Prepare and submit GSA Each $750.fl0 $562.50 $187.50 Certification A lication Assistance with setting up Hour $3fl.0fl $22.50 $7.50 books, {Bookkeeping} manually or an the computer {Quickbovks yr similar programs} RENT {Large Office} Only 1 $1,500.00 $750.00 $750.00 Will only invoice up to 50% not to new clients exceed 750.00 RENT (2nd Large Office) Only 1 $1,000.00 $50fl.00 $500.00 Will only invoice up to 50°/o not tv new clients exceed 500.00 RENT Small Offices} Only 1 $700.00 $350.00 $350.00 Will only invoice up to 50% not to new clients exceed 350.0fl Shared Space 2 $350.00 $175.00 $175.00 Will only invoice up to 50% notto exceed $t75 TED Center 2007-20fl6 Aftachment "A" Scope of Service Service Unit __ Fee _ _ ___ City1GRA ;Client Pays Pa~(75°•0 i (25ef~; Description of Service Provider Program. Florida W4men's Business Center ~ ti"wsGl _-- ~ _ _I _- - -- __ Service (Unit i Fee CityICRA Clrer~t Pays description of Service ~__ _ Pays __ All oT The following classes are ? and a ?/2 hour 6 Steps to a Better Business Class $15.00 $11.25 $3.75 Conce is of Leadershi Class $15.00 $11.25 $3.75 Financing far your Business Class $15.00 $11.25 $3.75 Marketin Classes Var€ous Class $15.00 $11.25 $3.75 No Pressure Prospecting Skills Class $99.00 $74.25 $24.75 Trademarks & Patents Class $15.00 $11.25 $3.75 The Very Basics of Business Class $15.00 $11.25 $3.75 Obtainin Fundin for our Bu Ctass $15.00 $11.25 $3.75 Lendin Basics Class $15.00 $11.25 $3.75 Credit Counselin - im rovin Class $15.00 $11.25 $3.75 Bud etin & Your Credit Ciass $15.00 $11.25 $3.75 Business Certification - Gover Class $15.00 $11.25 $3.75 Marketin & Brandin Your Bu Class $15.00 $11.25 $3.75 Marketin Ma is Class $15.00 $11.25 $3.75 Haw to market our business Class $15.00 $11.25 $3.75 Directo Advertisin -Yellow Class $15.00 $11.25 $3.75 Leadershi and Human Resou Class $15.00 $11.25 $3.75 Skills to 0 erate a Profitable B Class $15.00 $11.25 $3.75 Presentation Skills Class $15.00 $11.25 $3.75 Customer Service Challenges ~ 0 portunities Class $15.00 $11.25 $3.75 Basic S apish for business ow Class $15.00 $11.25 $3.75 Advice from an Attorne Class $15.00 $11.25 $3.75 Advice from art Insurance A e Class $15.00 $11.25 $3.75 Advice from a CPA Class $15.00 $11.25 $3.75 Tax Plannin Class $15.00 $11.25 $3.75 Ne vtiatin a Commercial Lea Class $15.00 $11.25 $3.75 0 eratin a Home-based busi Class $15.00 $11.25 $3.75 Preventin Identi Thefi & Cre Class $15A0 $11.25 $3.75 investments for the Establishe Class $15.00 $11.25 $3.75 Checkin & Savin s Class $15.00 $11.25 $3.75 Credit Card Basics Class $15.00 $11.25 $3.75 Auto urchasin basics and 6 Class $15.00 $11.25 $3.75 Financial Planning for Women Businesses Class $15.00 $11.25 $3.75 The Female Advantage: Cultivating Leadership SkiEis Class $15.00 $11.25 $3.75 Starting a 2nd Career: From Employee To Woman Entrepreneur Class $15.00 $11.25 $3.75 Business Pfan Writing Series Six 3 hour classes Series $395.fl0 $296.25 $9$.75 Business Plan Writing Series (14-20 Hours Series $99.00 $74.25 $24.75 TED Center 2007-20Et8 Attachmenk "A" Scope of Service Service Unit Fee City1CRA Client Pays Qescr€ptionaf5erviGe. Provider Pro rq am, TechnelopY Center ~I _. - 5>a^.ice Unit ; -- Fee CIky1CRA Fags, __ Glient Pays - description of Service Training -Quickbooks Beginning (4 Classes) Series $250.OD $181.50 $62.50 Hands-on {use of computers) Training -Quickbooks Intermediate (4 Classes) Series $250.00 $187.5D $62.50 Hands-on {use of computers) Training -Microsoft O€ftce A licativns Class $59.95 $44.96 $14.99 Hands-on (use of computers) Training -Business Presentations PvwerPoint Class $59.95 $44.96 $14.99 Hands-on (use of computers) Training -One- on -One Private Sessions Persons Haur $55.OD $41.25 $13.75 Hands-vn (use of computers) Conference Room Lease without a ui ment Hour $25.00 $18.75 $6.25 Conference Room Only Conference Raom Lease with e ui ment Hour $55.00 $41.25 $13.75 Laptap and Projector Laptap Lease (Corporate) Day $125.00 $93.76 $31.25 To be returned within a 24 hour period Laptop Lease (Non-profit) Day $95.00 $71.25 $23.75 To be returned within a 24 haur period LCD Projector Lease(Non- rofit Day $85.00 $63.75 $21.25 To be returned within a 24 haur period LCD Projector Lease Cor orate Day $154.00 $112.50 $37.50 Ta be returned within a 24 hour period Basic Informational Website - Tem late Desi n Each $1,500.00 $1,125.00 $375.00 Basic Informational Website - Custom Desi n Each $2,000.00 $1,500.00 $500.00 Complete E-Commerce Website Each $2,500.00 $1,875.00 $625.OD Redesign -Informational Site Each $70D.DD $525.00 $175.OQ Redesign - E-Commerce Site Each $950.OD $712.50 $237.50 Website Hosting Monthly $10.DD $7.50 $2.50 Requires total of $120.00 in advance for the ear Website Maintenance Monthl $75.00 $56.25 $18.75 Logo Design: ~ Concept fleas + 3 Revisions of Original Concept Each $150.OD $112.50 $37.50 Business Card Desi n: Sin le Sided Each $75.00 $56.25 $18.75 Double-Sided Each $110.D0 $82.5D $27.50 Brochure Design: Full Color- 8.5x11 Each $250.00 $187.50 $62.50 FI er Desi n: Postcard Each $90.00 $67.50 $22.50 Desi n Onl Full-Pa a Each $215.00 $161.25 $53.75 Desi n Onl Printin Color Co ies Based on Q Standard Fee is $1.D0 er co Business Cards Commercial Printer- 5000 PC Re air Hour $55.OD $41.25 $13.75 Ali re airs are done vn remises PC Hardware U rade Hour $55.00 $41.25 $13.75 All u rades are done an remises Software tJ rades Each $32.00 $24.00 ~e.aa AEI u rades are done on remises Data Backus Hour $55.OD $41.25 $13.75 Cost de end otr time to com lete TED Center 2007-2D08 Attachment "A" Scope of Service Service Llfllt t=E~ clty~ci~,a- CtientPayS { i)BSGri}lt]OnOfSQCVICC PC Cleanu w! Software Each $45.00 $33.75 $19.25 Lost de end an time to com leie PC Cleanu wlo Software Each $65.00 $48.75 $96.25 Cost de end on time to com lete Operating System! Programs installation Each $225.D0 $168.75 $56.25 Networks installations and Configured Each $1,2DD.DD $900.00 $3DO.OD Depend on size of Network FROM: Linda Karch, Director of Parks and Recreation THROUGH: David T. Harden, City Manager DATE: February 26, 2010 SUBJECT: AGENDA TTEM 8.F. -REGULAR COMMISSION MEETING OF MARCH 2, 2010 INTERLOCAL AGREEMENT/COMMUNITY REDEVELOPMENT AGENCY/SEACREST ATHLETIC FACILITY ITEM BEFORE COMMISSION Approve an Interlocal Agreement between the City of Delray Beach and the Delray Beach Community Redevelopment Agency to provide funding for athletic facility improvements. BACKGROUND Through this interlocal agreement the Community Redevelopment Agency (CRA) has agreed to assist the City in funding of artificial turf to be permanently placed at the Seacrest Athletic Facility. The CRA shall provide funding to the City in ~n amount not to exceed forty thousand and 001100 dollars ($40,000.00) for the purchase and installation of artificial turf, which shall be placed at the Seacrest Soccer Facility. This agreement was generated through a request by Prep and Sports, Inc. aka XPE Sports, to use the City's Seacrest Soccer Facility to establish ayear-round athletic training facility which prepares professional athletes through a fitness and training program. In return far the use of the complex, XPE Sports will be holding a sports training camp that will be free for eligible children of Delray Beach. This venture will help to strengthen the CRA's economic development plan and strategy. RECOMMENDATION The Parks and Recreation Department recommends approval of the Interlocal Agreement between the City of Delray Beach and Community Redevelopment Agency. ll~iTEltEC1CAL A.~ktEEMEIgIT BETWEEN THE CIFT~I ®~ ~JE~RA~ BEACH ~1~TD THE DELRA~ BEACH ~ONIl~UI~'~T'S.'' I~IlEVE~,~IP14~NT .~.GElliT~' TO E~.~V1iDE FUNDIiI~I~ lC`~;ii. ATB'i3;lY.~T~C FACIrL~T~' ~I~~VE1r~EleiTS T~3[I~ A~REENdE1~T is made this clay of 2Q10 by artd betwsen the CITE' flF DEI.,]€~i.Y I3E~.CH, a Florida IV,[turiicipal Corpnratinn, (hereinafter referred to as "CITE"'}, and t1~e DEE7L'i'' IBEA~H ~HNfNII)~~T~i' l~D]~~EEO~'Ie~NT A~EIvzC~', a public body cozporate anal politic, dzzly crtrated and operated pursuazzt to Chaptez l 63, Florida Statutes (hereina~:er refet~~ed to as ~e "~I~A"). `P~IGTNESSETH: 1'~'~RE~.S, the Cll`~ has been appraacbcd by azz ezztity that wishes to use the City's Seacr~st Soccer Facztity to establish ayear-rouzzd athletic trainit~.g facili#y ("Facility"); atzd VV)EIEI~EA~, the Facility is located within the G]~A's Corn{nunity ~.eclevelopznent Area; and ''~CFH]EREA~, in order to operate the Facility, the ~~~'~' is r~uired to install artzfzcia.l turf that axa.sy be used by the individuals who nse the Facility; and ~I-I.EItE~4.~, tb:e Facility vsrill be used by paz~ticipants rho wSll gavel to Delray Beach, and live in Delray Beacl2 while they partieipa#e iz~ training events to be held at tkze Facility; and ~dVHE17iEAS, tine ia~.tlividuals who will use €lie Facility will fie~uent hotels, restaurazzts, shops, anti oiler locations within. the Community Redevelopment Area, wkzich will pzavzcle a heneficiaf impact to tba businesses located wi~rbitz tlae Community Redt:velopxnent Area, anal have a positive impact otz the economic developz~nent of the Coznxxtunity Retievelopznent Area; and r 'WHEJ~E,~..~, ilze ipravezz~ents to be installed at ttze Facility, and the pron~.otion of the economic development of the Coznznun.ity Redevelapxxaeu.t ~.xea are consistent with the CIA's Caz~nzaanity Redevelopment Plan, anal serve a municipal and public purpose; axad V~~R~A~, consistent with its Cor~zmunity Redevelop~~erat Plan, the CI$A desixes to enter hita this Agreement with floe CM`Y in order to fund the purchase of the at~ificial turf to be installed at tkae Facility; a~zd W~ER~AS, due to the bene~xcial eaono~nic iz~.pact of the rase of tha Facility, and the improvements to be made to the Facility, the C~.tA and the C~T~' find that this funding agreerxten.t serves a municipal and public purpose, and is in the best intexest of the health, safety, and welfare of the City of Delray $each, including the Comznnnity Redevelopment Area. 1~T0VV, `Z'~~~~li'€~RE, in coaxsidexatzon of the zxrutuai caverial7tS atad prax~zises herein contained, the parties hereby agree as follows: l . The recitations set forth above are hereby incorporated herein. 2. The CRA shall pro•wide funding to the CITY tax an amount not to exceed forty Ti~ausand and Oaf i00 Dollars ($40,000.00) foz~ the puzchase]installation of artificial tort', which shall be placed at the Seacrest Soccer Facility (the "Facility") which is Located in the C12A's Community Redevelapnaent Area. Such payrnet~t shall be made to the CITY no later than 15 days following the delivery of a written request far payrzzent from the CI~~ to the CRA fallawizag the purchase and instaIlatian of the furl by the C~T'St' at the Facility_ 3. The te~•rn of this Agreement shall commence upon execution by both pazies, and slzali terminate upon the paytxaer~t of the funds to the C~T~ by the Cam.. 2 ~. Tilzis Ixttexlocal Agreement skzall be filed pursuant to the requir~rr~ents of Section 163,~1(l l} of the Tlarida Statutes. 5. No prior or present agreezrzents or representations with regard to any suUject matter contained within this Agreement shah Ue bindzng on any party anless included expzessly zu this Agreement. Any rzaadification to this Agreement shall be irz writing and executed Uy the parfiies. S. The validity of axzy portion, artzcle, paragraph, provisiaz~, clause, ar any portion thereof o~ this Agreement shall have as fazce and effect upon floe validity of any other Bart of portion hereof. 7. This Agreeznerzt shall be governed Uy azzd iu accordance with the Laws of Florida. Tire venue for any action arising from this Agreernezat shall be in 1'alrn Beach Cauzzty, Florida. 8_ Neii-heL the C)€T''S~ nflr floe C tTtA shall assign. or transfer any rights or infesest in this ,A.greeznent, 9. This Agreement shall not Ue valid until signed by the Mayor and the City Clerk. ATTEST: G1TY OF DEf.RAY BEACH, FLORIDA By. City Clerl~ Nelson S. McDuffie, Mayor Approved as to Fozz~.: City Attorney 3 A T: CDMN.EiJNITY REDEVELOF~E?~T AGEI~C`~ ~... Diane Colozana, Secxetaay Howazd Lewis, Chair STATE OF FLORIDA COI7NTY ©F 1'AL1Vf BEACH Tlza faregaing zxzstruxner~i was acknowledged before nie phis !~ day of ~~~~ , 21}x, Isy ~ ~~~ .~~~ /-~ u.~.~ .s~ , as ~~"lr~~ ~,~~~ ~-P= (name af~er or agaz~t;, ti~lc of officez ar agexxt), ©f fine Delray Beach Cc~xxuzaity 17eciavelopzxaez~t Agency on behalf of t~ze Delz'ay Beach Community Redevelopment Agency. He/She is personally z~nawz~ to nae o:~ has produced type o a. e~i:i icat~ozt as idezlt~ficati€~t~. .v~yF+r+~p~ dEAN IJIOCREf#~I.EY !`.`'~~ ~"~~~. ~ ~ 4m i~iary P~bEit - State o! ~iuel~a _. .~ e~y eamsn. Exq'sras Jun 22.2©~S Notar ublic -State of Iorida ~ ~3,8 ., C~rr~raEsSiOr~ ~ 1?~ Sb47tt4 ~f'~+.°„`,~~`' 8o~tde6 Thrauph t¢a3ianat !Votary Rssrl. 06 ]$ ~ 1A. MT2 701 CRAfw~.dspaxtsku~fl-1©_dao MEMORANDUM TO: Mayor and Ciry Commissioners FROM: Linda Karch, Director of Parks and Recreation THROUGH: David T. Harden, City Manager DATE: February 26, 2010 SUB7ECT: AGENDA ITEM $.G. -REGULAR COMMISSION MEETING OF MARCH 2 2010 LICENSE AGREEMENT/PREP AND SPORTS INC. A/K/A XPE SPORTS ITEM BEFORE COMMISSION Request City Commission approval of a License Agreement between the City of Delray Beach and Prep and Sports, Ine. for use of a portion of the Soccer Complex. BACKGROUND Prep and Sports, Inc. a/kla XPE Sports is a company with a national reputation for preparing professional athletes through an "Extreme" fitness and strength training program for their respective sports. The professional athletes travel to the area and live for a short time period to get ready for an event or season. As part of the XPE program, they try to Iink the professional athletes with youth athletes ages 11 to 18 to help inspire them to perform better in high school academics and sports in the hopes of receiving a college scholarship. This license agreement will allow Prep and Sports, Inc.to use a portion of the soccer complex for two years for their Prafessional Football Sports Camp and a free year-round Sports Training Camp for eligible children of Delray Beach. Prep and Sports, Inc. will be responsible for proof of insurance, provide and maintain all training equipment, maintain synthetic turf, and responsibliliry for cleaning the concession building after each use. RECOMMENDATICON The Parks and Recreation Department recommends approval of the License Agreement between the City of Delray Beach and Prep and Sports, Inc. LICENSE AGREEMENT BETWEEN THE CITY OF DELRAY BEACH ANC? PREP AND SPORTS, INC. F(~R IfSE dE= A C~ORTIQN f3F THE SQCCER GQIViPLEX THIS AGREEMENT made and entered into this . _ -- day of February, 20'lg, by and befiween the CITY QF DELRAY BT=ACH, a Fiorlda mc~n3cipal carparatian (hereinafter referred to as „City"}, and PREP AND SPORTS, INC. (hereinafter referred to as "P&S"~ fc~r use of a portion of the Soccer Camptex. WIT~#ESSETN: 1lYNEREAS, P&S is desirous of holding ayear-round sports training camp for kids at the Gity of Delray Beach Soccer Complex iocated at 25g~ Seacrest BauEsvard; and WHEREAS, the City desires to assist P&S in holding a year round sports training camp f'or kids v~rithm the Cifiy of pelray Beach. NGVII, THEREF(3RE, In consideration of the mutual promises, covenants and agreements car-tained hereins the parties hereby covenant and agree as follows: Section 9. Term. The city hereby grants to P&S a license to use a portion of the City of Delray Beach Soccer Complex as illustrated mare speciltcally an the map attached hereto as Exhibit "A" for a term of two (2} years beginning an fihe date above executed. This term may , be extended .with the express written approval of bath the City and P&S. Section 2. 1_icense Aareerner~fi 0~. The Agreement between the City and P&S is a Iicense agreement, not a lease or purchase agreement, and should be construed by a cr~urt of cernpetent jurisdiction to be a license agreement only. Section 3. Res~orrsilailities of C$Y. The Ci~y shall provide the following: a. The use of the area of the Soccer Complex as illustra#ed on Exhibit "A" and use of the concession building at the Soccer Complex. Section 4. Responsibilities of P&S. PAS shall provide: a. Food and r'efr'eshments for aaaches, professional football players and kids during a}! practices andfor games. b. Insurance as required irr Section 5 of this Agreernen#, c. P&S shall be responsible far providing all training equipment and for ail maintenance and costs associated therewifh. d. The Sports Training Camp sha}! be free to all children eligible to play and P&S sha!} provide all c©ache5 far same. e. P&S shall install artificial #urf in the area depicted an Exhibit "A" and shall be responsible far all maintenance and other casts associated therewith. f. p&S shall be responsible for c}eoning the concession building after each use by P&S and for all costs of same. Sec#ion 5. Proof of Insurance, P&5 shall provide the City with proof of general liability insurance in the amount of ~1,4g0,U40.00 minimum per person and $3,QQOFOOD.00 aggregate per occurrence. The insurance certificate shall list the City as an additional insured." 2 Section 6. Sponsorship. E?&S shall be responsilale far obtaining any and all sp©nsorships andlor donations to run the camp. Said sponsorships, if any, shad be presented to City for review and approval prior to arty final agreement or understanding, City"s approvai shall not be unreasonably withhefd, Section 7. Advertising. P&5 agrees, subject to fiheir rights, if any, under any applicable license agreements, to identify the City of Delray Beach as the site of the Sports Training Camp in all publications, advertising and any electronic broadcast. Section 8. Vacation of Event Site. P&S shall be permitted to use the Soccer Complex Area depicted an Exftibit ~A" and the cancessiort building an Tuesdays and Thursdays during the school year {August through May) from 4:Og p.m. to ;a:30 p.m. and on Saturday mamings from 11:OQ a.m. tt~ 12:D0 p.m. and every day during the summer (June and July) from 9:g0 a.m. to 12:Q~ p.m. for the Sports Training Camp and every day in January and February from 9:[i0 a.m. to 11:D0 a.m. for the Professional Football Spans Camp. PAS agrees that it will cc~nperate with the City and that the City shad have priority of use far all areas of the Soccer Complex including the area depicted in Exhibit "A" and the concession building and that if the City needs the "facility" during the daysltimes listed above, the City need only give 1?&S twn {2} days advanced notice. Further, P&S agrees to cooperate with the City In the event that the City needs to close the facility for any necessary repairs andlor maintenance. Section S. ton-i3isGrir~ination. That P&S shall not far themselves, their persanai representatives, successors and interests, assigns, subcontractors, and sub- lessees, as a part of the consideration hereof, da hereby covenant and agree that: 3 a. Na person an the ground of race, color, national origin, age, sex, ar disabiiity shall iae excluded frpm participation in, denied the benefits o#, [~r be otherwise subjected to discrimination in the use of saki facllities. b. That PAS shall use the premises in compliance with all other requirements imposed or pursuant to Title 4~, Code of i=ederai Regulations, Article 80, Nan-discrimination under programs receiving federal assistance through the Department of Health, Education and Weifarel Effectuation of Title 6 of the Civil Rights Act of '! J6~}, and as said regulations may be amended. c. That In the event of a proven breach of any of the above nonw discrimination covenants, the City shad have the right to terminate the license and to take possession of said facllities and hold the same as if said license had never been made: or issued. This prevision shall oaf be effective until the procedures of Title 4~, Gode of 1=ederal Regulations, Part 8g, are followed and completed, including exercise or expiration of appeal rights. d. P&S she!! not discriminate against any employee or applicant for employment fo be employed in the performance of the license with respect to hiring, tenure, terms, conditions or privileges of employment, or any matter directly or indirectly related to employment because of age, sex, disability (except where based on bonafide occupation or qualificatlanj, or because of marital status, race, color, religion, national origin or ancestry. Section 1 d. Cancellation by Elther_. Par .The occurrence of any of the following may cause this Agreement to be automatically terminated: a.. Either pay may terrr~inate this Agreement with yr without cause upon sixty (~(}) calendar day's written notice iay United States mail to P&S andlor City. b. The City may terrr~inate this Agreernen# immediately if it is determined that P&S' use of the property will result in a Eons ofi the City's tax exempt status for ail or any portion of the property pursuant to the General Obligation Bond adopted September 7, 2(]Q4. Section 11. iriotices. Al! notices submitted or required by this Agreement Shall be sent by registered or certified mail and addressed to the parties as follows: To the City: David Harden, City Manager City of Delray Beach 10t3 N.W. 9~ Avenue Delray Beach= t~L 33444 To P&S. TJ Jackson, President Prep and Sports, Enc. x415 Sunseeker Blvd. Greenacres, PL 33463 or tc such other addresses as each party may designate in writing. Section 12. int~rpretatior~. This license constitutes the entire license between the parties with respect to the subject matter here©f and supersedes all prior verbal or written agreements between the parties. This Agreement may be amended only by written document, property authorized, executed and deiivered to both parties. This Agreement shall tie interpreted as a whale unit and section headings are for convenience only. All interpretations shaiE be governed by the Eaws of the State of Florida. 1lVaiver of any breach shalt not consti#u#e a waiver of any other breach. 5 Invalidation of any portion of this Agreement shall nvfi automatically invalidate the entire agreement. Section 'l3. [nde~ender€t Cyr~trecfiorllndemr#ifiy. It is understood and agreed that P&S is independent contractor and is not an agent, servant, or employee of City. To the extent permitted by laver and without waiving the right to sovereign immunity as provided by Section 7fi8.28, Florida Statutes, in the event a claim or lawsuit is broucdht against Cifiy or any of its officers, agents or employees, P&S shalt indemnify, save and hold harmless and defend the City, its officers, agents, anchor employees tram and against any and a!1 claims, liahilities, losses, judgments, andlor causes of action of any type arising oufi of or relating to any act or omission of P&S, its agents, servants andlcir employees In the perFormance of this Agreement. The foregoing indemnification shall survive termination of this Agreement. Section 14. [3estrucfiion of Soccer Cyrr~pi!exl'rot~erfi~. in fihe event said Facilities, or major part thereof, shall be destroyed yr damaged by ire or any other carase, ar if any other casualty or any unforeseen occurrence shall reader the fulfillment of this Agreement by Ci#y impossible, then and thereupon, this Agreemert shat! terminate, unless P&S shall, at its option, agree to pay to repair such damage. Section t5. Pers©nal l'~roperfiy. CEty assumes no responsibility whatsoever for any personal property placed on the Soccer Gvmptex Property by P&S, its agents, ernplayees, representatives, independent contractors or invitees. City is hereby expressly released and discharged from any aril all liabilities for any loss, injury or damage tv such property that may be sustained by reason of the use and occupancy of 6 the Facilities under this Agreement, unless such damage, loss or liability is caused by City's (including employees and agents} grass negligence or willful miscpnduct. Section '16. ~omptiance with taws. P&S shat! comply with all statutes, laws, ordinances, rules, regulations and lawful orders of the United States of America, State of Florida, City of Delray Beach and of any other public authority which may be applicable to the use of the Facilities by P&S, P&S shall obtain at their own expense any and all required permits and licenses including an occupational license if required. Section ~i7. Gaverntn La-nr and Venue. The validity, construction and effect of this Agreement shall be governed lay the laws of the State of Fiarida. Any claim, objection or dispute arising out of the terms of this Agreement shall be Iitigated in the Fifteenth Judicial Circuit in and for Palm Beach County, Florida. Seaton 9 8. Entire Agreement. This Agreement contains tho entire understanding of the parties relating to the subject matter hereof superseding all prior communications between the parties whether oral or written, and this Agreement may not be altered, amendEd, modified ar otherwise changed nor may any of the terms hereof be waived, except by a written instrument executed by all parties. The failure of a party to seek redress for violation of ar to insist on strict performance of any of tl7e covenants of this Agreement shall not lie construed as a waiver or relinquishment far the future of any c©venant, term, condition or election by the same shall continue and remain in full force and effect. 7 Section '[9. 5everabliity. Should any part, term or provision of this Agreerr~ent be by the courts decided to be illegal or in canfifict with any law of the State, the validity of the remaining portions or provisions shall nofi be aff=ected thereby. Section 2g. too Re resentatians b Ci Neither the City nor the Glty's officers, agents andlar employees have made any representations or promises except as expressly set forth in this Agreement. Section 21. Assignment of Agreement. i~&S shall not assign or transfer this Agreement nor otherwise convey any privilege Braeted hereunder or subleaseflicense any part of the Soccer Complex unless the written consent of the City is first obtained. Such consent shalt nofi be unreasonably withheld, Neither this Agreement nor any right, privilege or interest therein or thereunder shall be transferable by operation of the lour ar by any process or proceeding of any court. iN WiTNI=SS WHERE©i=, the parties have caused this agreement and one counterpart, both of which shat! constitute originals, to be executed by its proper ofl'wcers hereto duly authorised on the year and date frst above written. ATTIrST: CITY CF DEI/RAY BEACH, l=L©RlDA By: Nelson S. 1VlcDuft€e, Mayor City Glerk Appr©ved as ~to ~arrn: City Attorney 8 V1l1TNESS: ~cL~' 1 (print of type na • PREP AND SPQRTS, 11~1C. By: ~ '~ Print ~ ~ •G9~~~~ ~ ~~ t~ Title: STATE Ol' FLaI~€DA CC?UNTY ~F ~'L~/l ~2-`~e ~-- The fic~rego€ng instrument was acknowledged before me this ~ day of c~.~ ~{+,~ru cf,r~ _ _- ~., 20'l 1:3, by ~Q ~ ~~ ! ~ s ~ 4~c.K s a ~` ~~riarne of officer or agent, r- t€tle of officer or agent) of ~'~-~ ~~ SPo,.,-~ ~ ~c (name of corporation acknowledg€ng), a ~ {state or place of €ncorporation} corparat€an, on behalf of the corporation. ~~he is personal€y known to me ar has produced "`~r-N ~~.~ ~e._ ~ pe of ldent€ficatian) as €dent€fication and d€d {d€d not) take an oath. S ~L ~"L~ Signa re ofi Noi~ry Public -State of l*lorida .,:.~... ,~~;:`It~ti SUS~iV K1Niifi3AS Camrriss'san # pig 8.3473 ' ~ ~ Expires February 7, 21113 ,~;;~~ •~aoamwrsoy~anr,re~,ren~aoo,~raoia .~ ~,.." s p. v'? u ~~ P ~~~ ~Pii3 ~~. .~Ct~~t~'3 ~:~~T~~'~~~T~ C~~' ~,l~ ~~~~Tl~ 11~~~1 AATB(A1A~tIi}WYYYY) . , ~PE'~~. l~ 28 Q9 ~t¢aakJO>_R ' Ti-i~ ~~'li'I>~A'i'E lS i551!>wp A5 A.MAS'TEi~ qi' 1NT-ORt~1gTION IQV~A'~'~ V~ ~A7SC7~3G~; O~iLYANRCO~iFEf2S'~iCi RAG}{~'SUPD~1TfiiCEF131Ft~A'fiw ~027~i7~'~`~,!~S, 7270. . i-I+;}i,DER.'t`HiS Cirl27i~[C,A't~ DOES i•JO7 AtVfEi+tE3, E7~Ti=Nf] CJR 546. I7FIti7TVJa3~7'~.'7C I3A7F~ ~ ~'7.J73 ALTE1t THE G1~~RAGEAFFf1Rl7EU 13Y THE PO~i1C~E5 gEt_~W. G~s~nr, ~PRSA4G~ F"L 33E}67 ~~azse: 954-340-9551 ~'ax; 954-940-945 ...-„~..^~ il~lSi3FifRS AfFL5Ri7iNGCt111E[~,4G(r 13A1C # ENSDREA ~ JNSUFFEJiA: BCQR~'r"1V{LS %lISD7t7.ULyt Co-'ETN 4129' _ ' INSUgEJ2J3: }• 1N&URERC: ~~.~~~y ~,~ ~~~ INSURER [7 1NSURE$>/ t.vYCrtAtYC.7 _.~___ THE }'OLJCtES Df IJ~fiURANCE LFSTEp 8EL01N 71AVE BEE1+1 ICaSUEU Tt7 T19E FfstSllREp NAMEp ABOVE PQR THE PDSJCY PERfDD 1N17JCA"FED. N67VW'€}I$TANpING ANY RE(2UJR~IEr3T. 7ERM OR CONDE37DN DF ANY CDN7RRC74R OT'HER.f)DCIJMENTUL9TTi RESPEGT TO VJ-ICCH THIS CERI'FPiCA7E N41Y J3E JSSUfk 4R MAY NERTAIN, T'Hc INSlj.4ANGE AFFPRi?EU EY THt POLICIES DESCR[f3Ep H£FtEfN f3 8l3BJEC"f YD AJ.1. THE'IERiilfS, FJSCtIJSlONB nNt3 CONU€TJaNS OF SUCH PDLICJES.AGGREGAT)=LIh1JTS8H05NN MkY3JAUE EJfSNftEi]UCEiS BY PAID CIAfM5. LTR N$RQ TTPE DF JNJ3EJfiANCE POLICY IiUJI'it3ER AA1` r E LA"IYE h57Q LthSttS GI3NERAL LIAI31LTfY ERCHUCCURRENCE S ~. (J ('JO QD•a A ~€ GDMMERCIAtC3EN>:fZRl4LLJ4BtLt7Y C"PST.lO5B93. ~ 12~5?/09 12~~.'x/I.i> PHf.MIS~£S~ NIYCB S1RE3 t7t10 CLRtAiStdfAOE ~DGGUR MELYEXp(Rrsyanel+nrsonJ I>aS,~1E)~Q ~ PEFt39NAL6ADV JIJ,R)RY ~1 dao ODO f31_JyB#L41. Abt3F~CATE s 2 000 01}L1 {3EtSLAL3f3REGRTELIMI'fAPpLIE&PFR PRCOUCTS-CQMPfDPAGC w , S ~, (}{~Q~QD~>p POLICY r JE~C LDC Al1TDM6BILE E.IAT31l.tM CgHIHINED SINGLE LkJJT ~ ANY RUTP - ~Ea ec~;aanty ALLOWNL'RAUTtl6 _ B4Dt2YlNJURY s SCHEPULIZI AUTOS (Perperaanj HIRED AUTOS I 80RILY JNJJJRY $ NON~OVSNEDAUT£1S • fPoracxaaeng PR( Pt=RT 7 YOAteiAGE l S {Per arr tlerd) CiAJiIAGE J.V;BJI.1'IY AUTC OJJLY-Fat ACCipl:14T $ RNYAVTi3 EARCfi DTiJER TJYRN 3 AUFO ONLY: AL;G S pCC[.SS1UhtBREJ,Lq LIA131LITY EACH UCCURJ~ICE S -` OCCUR ~ GJAJMS fJJADE AGGREGATE ' $ 8 DFpUCTiJ34E ~ 5 FE7'GNTiDN S ~ ; S 1'JRRJ~RSCOMp1cNSAT7tyN AND E.liPJ.gYER9' LJRBiLrTY TORY LltuJITS " ; ANy PRt3Pf~J. •tOFUPRRTNERIF?(ECl}TiVB ~ E.E: EACH ACCIt3t:NT S OFI tCEi¢lMEkk4HEiiCXCLUiIEA? ~ 1JJ EL DtSERSE E 4 Ei 9PLDYEI•= ; FI yyees. OIt;SCrIGtr tri[!9[ - . ~ P SPECrAI,PRD~9Sf01~S asxriv _ _ E.1. BISFRSE-Pat,ICY i,JMfi S ~ 1 ~ . zQ Iz~.~s I70~.r7~ ~~ mac ~o~ xax- DFSGRIPTiCN DF OPERATEaNS 1 LDCATJONS ! Y£S}ICI,ES! EtCLUS[ONS AflAEA BY ENUCRSFldEJfT 1$pECiA4 PRf1V19t0N5 CY'1'1'' !~2!" i5La7~t7t.~ $EACR IS A'LanO T{l7(3~T AS ~DDZT7pNA~7~7,5'L7.'I} ~, TI3 TtE$PEC`d' fir} ~.cn~irJ~.x tC t'tVLUCli CAHiCE~t~,TlptJ ~ ~. T}~LRA^1 sHnut.uaHYOP7EtEAJSOVenescRIBEDPbJ.IClJ~13£cANCEwtc~oacPOgteTxsF.XAIRATJON DATE THEfxC-dF~ THE ISSUTA¢ INSiIREq WSLL ENbEAYpR TR ASAtt ~ Q DAYS ViFc3TTET3 ' t1F7TtCE TD~THS C$RTIFICATt; IiOf31Eq NAMED Ti3 TJ'JE J.EPT, BUT FAII.JIRETCi 1)t} StY SHALL ~~e~xr ~~ IJE,T.R7.~S* $~~ tMPC$f3 NO 0J3LlGAT]DN CJt LJAJ3JLITY 6E AJdY KIND UPON THr: IN6YJRER~ FTS AG1:NT8 t)R 3.13D ~T.'~7. 1J3T A[~NE~E] REPRP.55SNTATArEB, I3~7.~Y SEAGH >•~ 33444 AuIr~gJUPR EN,y~E "~ 2~ (20R1I08~ -- --~ - bACQRi3 CC)P2E~DitkTEDff i9J3A ~~i~(]IR,T,~~lT if the certitcate ftafder is an AE30iTIC~NAL 1fV;aUF~lrt~, the polfey(iesj must be endorsed. A staterrient an this certificate dae5 not confer rights to the certi~ira#e itivfder in lieu of such endorsernent(sj, Ef StlBRC3CATlUIrI l511ttAiVED, sub}ec# to tie tarrns and conditions of t#+e ~Qlicy, cer€a!n poffcf~s may require an endorseent_ A statemerst an this certificate daes not confer rights to the certificate holder In lieu of such endorsement(s). C~18Gi..AliVl~t~ 7't1a Certificate of fnsuranGe on the reverse side of this €orm does net constitute a cantraCt between the issu"sng Ir,surerfsj, authari~ec! represenfailve or pror#uCer, and the cerfificate holder, nor tlaes It aifirrnatlvely or nega#ively amend, extend ar alter the coverage afforded by the policies lasted thereon. zs MEMORANDUM TO: Mayor and City Commissioners FROM: Temll C. Pyburn, Assistant City Attorxaey THROUGH: City Attorney DATE: February 25, 2010 SUBJECT: AGENDA ITEM 8.H. -REGULAR COMMISSION MEETING OF MARCH 2, 2010 RESOLUTION NO.OS-10 ITEM BEFORE COMMISSION The item before the City Commission is to approve Resolution No. OS-10 authorizing the City of Delray Beach to participate in an Interlocal Service Boundary Agreement with the City of Boynton Beach to initiate the negotiation process for an Interlocal Service Boundary Agreement with Palm Beach County, pursuant to Chapter 171, Part II, Florida Statutes; providing that this resolution shall act as the required resolution to participate under Chapter 1.71.203, Florida Statutes. BACKGROUND On December 15, 2009, the City of Boynton Beach passed and adopted Resolution No. 09-188 to initiate the negotiation process for an Interlocal Service Boundary Agreement with Palm Beach County to annex properties within the Palm Beach County Urban Services Area baundary. Interlocal Service Boundary Agreement is along-range annexation plan that requires extensive and cooperative study of numerous land use and service provision issues to ensure that any future annexation is appropriately planned and that its residents can be accommodated by the annexing municipality. This process takes between twelve and eighteen months to complete and calls for extensive public communication and input. The City of Boynton Beach is required to send, by certified mail, notification to all thirty-seven (37) municipalities in Palm Beach County, as well as to affected independent taxing districts. Mur~icipalites invited to participate in the Interlocal Boundary Service Agreement negotiations must adopt a responding resolution within sixty (60) days following receipt of the City of Boynton Beach's Resolution No. 09-188; pursuant to Chapter 171.243(2) Florida Statues. RECOMMENDATION Approve Resolution No. 45-10 MEMORANDUM TO: Mayor and City Commissioners FROM: Douglas E. Smith, Assistant City Manager THROUGH: David T. Harden, City Manager DATE: February 26, 2010 SUB3ECT: AGENDA ITEM 8.I. -REGULAR COMMISSION MEETING OF MARCH 2 2010 RESOLUTION N0.06-10 ITEM BEFORE COMMISSION The item before Commission is Resolution 06-10 urging the Florida Legislature to adopt legislation authorizing the use of red light cameras by local governments. BACKGROUND At the February workshop session, staff presented a list of potential state legislative priorities to the Commission. The Commission directed staff to bring back a recommendation on individual issues for wick a City Commission resolution would be appropriate. The attached resolution urging the Florida Legislature to adopt legislation authorizing the use of red light cameras by local governments is one of these resolutions for Commission's consideration. RECOMMENDATION Recommend approval of Resolution 06-10. RE SOLUTION NO. Qb-f Q A RESOLUTION OF THE QTY COMMISSION OF THE QTY OF DELRAY BEACH, FLORIDA, URGING THE FLORIDA LEGISLATURE TO ADOPT LEGISLATION AUTHORIZING THE USE OF RED LIGHT CAMERAS BY LOCAL GOVERNI~~NTS. WHEREAS, entering an intersection after the light has turned red, or "red light r~mning" is one of the rnaj ar causes of crashes, deaths, and injuries at signalized intersections; and WHEREAS, numerous studies illustrate that the use of red light cameras to issue traffic citatians reduces crashes in sig}~alized intersections; and WHEREAS, the Federal Highway Achninistration promotes red light camas as a viable strategy to reduce red light x~.mning and WHEREAS, local governments are responsible for citizen safety g~,erally, and traffic safety and enforcement specifically; and WI iEREAS, local govemme~lt should be able to protect their citizens - u,5zng fechr-ology and their home rule authority, and use red light cameras at signalized intersections to issue traffic citations; and WHEREAS, local gover'nmPnt efforts to install red light cair~ras at intexsectior~ have been styrrried by legal cletexnvnations that such came cannot be used to issue traffic citations; and WHEREAS, despite strong local gove~~t support, bills introduced in the legislature to authorize the use of red light cameras for traffic safetybylocal goverintrr~tts have not been enacted; and WI-iEREAS, as loss of life and irgury are occurring each day as a result of red light r~mnir~ the State Legislature can be encouraged to recognize the agency and importance of this issue. NOW, THEREFORE, BE IT RESOLVED THAT THE QTY COMMISSION OF THE QTY OF DELRAY BEACH, FLORIDA, DOES HEREBY: Section 1. Encourage the state legislature to recognize the importance of red light camera enforcement in ring crashes that result in the loss of life and injury. Section 2. Urge the State Legislature to enact a law allowing local. goverximenttis to protect their citizens by using red light cameras at signalized intersections to issue traffic citations and thereby encourage driving safety. Section 3. The City Clerk is hereby directed to provide copies of this resolution to the President of the Florida Serrate, the Speaker of the Florida House of Repx~ltatives, Florida Governor Charlie Crist, the Palm Beach County Legislative Delegation, the Palm Beach County League of Cities, znr-d the Florida League of Cities. PASSE D AND ADOPTED this day of , 2010. MAY Q R ATTEST: City Clerk rms. No. a~1a MEMORANDUM TO: Mayor and City Conunissioners FROM: Douglas E. Smith, Assistant City Manager THROUGH: David T. Harden, City Manager DATE: February 26, 2010 SUBJECT: AGENDA ITEM S.. -REGULAR COMMI55ION MEETING OF MARCH 2 ZOI© RESOLUTYON N0.07-10 ITEM BEFORE COMMISSION The item before Commission is Resolution 07-10 urging the Florida Legislature to support continued funding of the Ecosystem Management and Restoration Trust Fund to support beach erosion control projects. BACKGROUND At the February workshop session, staff presented a list of potential state legislative priorities to the Commission. The Conunissian directed staff to bring back a recommendation on individual issues for which a City Commission resolution would be appropriate. The attached resolution urging the Florida Legislature to support continued funding of the Ecosystem Management and Restoration Trust Fund to support beach erosion control projects is one of these resolutions for Commission's consideration. RECOMMENDATION Recommend approval of Resolution 07-10. RESOLUTION N0.0710 A RESOLUTION OF THE QTY COMIVVIISSION OF THE CITY OF DELRAY BEACH, FLORIDA, URGING THE FLORIDA LEGISLATURE TO SUPPORT CONTINUED FUNDING OF THE ECOSYSTEM MANAGEMENT AND RESTORATION TRUST FUND TO SUPPORT BEACI~ EROSION CONTROL PROJECTS. WI~REAS, America's beaches provide vital economic, reca~eational, storm damage reduction, and environmental benefits to the Nation; and WI IEREAS, the Nation's beaches are the leading to~ist destination for nvllions of don~stic and foreign visitors, providing jobs and business profits which in turn produce billions of dollars of tax revenues for federal, state and local goats; and WI-IEREAS, Florida's nuanber one tourist attracfion is its beaches and beach-related tourism has an impact on the state's economy, and WI IEREAS over 396 nvles of Florida's beaches have been designated by the Depaiin~nt of Environmental Protection as criticallyeroded; and WHEREAS, the Florida Legislature, pursuant to s.1b1.088 of the Florida Statutes, has declared beach erosion to be a serious threat to the economic and general welfare of the state and its residents; and has further declared it to be a necessary responsibility to properly manage and protect Florida's beaches and that the Florida Legislature make provision for beach nourishment projects; and WHEREAS, the Florida Legislature lies provided that designated funding of $30 million annually or 2.12% of the general revenue share of docun~~tary stamps available for distribution after debt service, whichever is less, shall be deposited in the Ecosy~tern Management and Restoration Trust Fund; and WHEREAS, this allocation is critical in enabling Florida to develop a consistent, adequately funded, prioritydriven, long range rnaxlagement program to address critical erosion; and Wl-IEREAS, this program repz~esei~s a cost-effective intergovernm~r,tal parlrlership which leverages a dollar for dollar local govenlrt~t~.t x~natch, and a significant portion of the total project cost fromfederal sources. NOW, THEREFORE, BE IT RESOLVED BY THE QTY COMIV~SSION OF THE QTY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. The City of Delray Beach, Florida strongly urges the Florida Legislature to maintain a $30 million funding level, rather than a lesser amount, for the Ecosystem Managetx~nt and Restoration Tn~st Fund fo support beach erosion control projects. Section 2. The City Clerk is hereby directed to provide copies of this resolution to the President of the Florida Sexlate, the Speaker of the Florida House of Representatives, Florida Governor Charlie Grist, the Palm Beach County Legislative Delegation, the Palm Beach County League of Cities, and the Florida League of Cities. PASSED AND ADOPTED in regular session on this the day of 2010. MAYOR ATTEST: City Clerk 2 Res. No. 47-14 MEMORANDUM TO: Mayor and City Commissioners FROM: Douglas E. Smith, Assistant City Manager THROUGH: David T. Harden, City Manager DATE: February 26, 2010 SUBJECT: AGENDA ITEM 8.K. -REGULAR COMMISSION MEETING OF MARCH 2, 2010 RESOLUTION NO.OS-10 ITEM BEFORE COMMISSION The item before Commission is Resolution OS-10 urging the Florida Legislature to adopt legislation further regulating the dispensing of prescription drugs. BACKGROUND At the February workshop session, staff presented a list of potential state legislative priorities to the Commission. The Coxnrnission directed staff to bring back a recommendation on individual issues for which a City Commission resolution would be appropriate. The attached resolution urging the Florida Legislature to adapt legislation further regulating the dispensing of prescription drugs is one of these resolutions for Commission's consideration. RECOMMENDATION Recommend approval of Resolution 08-10. RESOLUTION N0.08W10 A RESOLUTION OF THE QTY COIVIMISSION OF THE QTY OF DELRAY BEACH, FLORIDA, URGING THE FLORIDA LEGISLATURE TO ADOPT LEGISLATION FURTHER REGULATING THE DISPENSING OF PRESQRPTION DRUGS. WHEREAS, the City of DelrayBeach finds that it is in the best interest of the health, safety, and welfare of its residents, businesses, and visitors for regulations to be in place to provide for safer residential and corr~ia1 neighborhoods in the City; and WHEREAS, the City Commi~,~ion finds that the illegal sale, use, and delivery of controlled substances is a threat to the health safety and welfare of the residents of the City; and WHEREAS, the City Conm-ission has recently been inacle aware by law enforcement and news reports that a pattern of illegal drug use and distnbutian has been associated with pain management clinics in neighboring rnimicipalities, which dispense on site narcotic drugs; and WHEREAS, the City Commi~cion has also been made aware of numerous newspaper stories in the recent past descn"bing a "pipeline" of trafficking drugs from South Florida pain management clinics to users in other states, such as Kentucky, West Virginia, and Ohio; and WHEREAS, the threat of increased crone associated with such clinics, is very significant and could undeiimine the economic health of the City's development and redevelopment efforts; and WHEREAS, the Florida Legislature has attempted to deter such illegal drug use, distribution and activities by the creation of a secure and privacy=protected, statewide eleci~onic system of monitoring prescription drug medication informatiory to encourage safer controlled substance prescnptron decisions and to reduce the number of prescription drug overdoses, deaths and related crin-~es; and WHEREAS, in the absence of regulations identifying where narcotic drugs xnay be dispensed, the City's residents, visitors and businesses are more vulnerable to crii~ninal actions, despite the provision of lawenforcement services. NOW, THEREFORE, BE IT RESOLVED THAT THE QTY COIVIlVI[SSION OF THE QTY OF DELRAY BEACH, FLORIDA, DOES HEREBY: Section 1. Encourage the state legislature to recognize the seriousness of illegal prescizphon drug use and distrribution within the state. Section 2. Urge the State Legislature to enact legislation x~egt~irin~ mandatory use, by doctor's offices, pain rr~anagen~lt clinics, and pharmacies, of the statewide electronic system of monitoring prescription drugs; to regtare owners and operators of pain man ~Qerrr~nt clinics to be certified and possess no felony convictions; to require a pain ix~ana° m?nt certificate to prac#ice pain management; to prop-bit on site dispensu-ig of Schedule II controlled substances; to limit on site dispen~zg of Schedule III controlled substances to a 72-hour supply; and to a~atharize penalties for violations. Section S. The City Qerk is hereby directed to provide copies of this resolution to the President of the Florida Senate, the Speaker of the Florida. House of Rep~.tatives, Florida Governor Charlie Crist, the Palm Beach County Legislative Delegation, the Palm Beach County League of Cities, and the Florida I_,eagt.~ of Cities. PASSED AND ADOPTED this dayof , 2010. MAYO R ATTEST: City Clerk rms. No. os-sa MEMORANDUM TO: Mayor and City Commissioners FROM: Jasmin Allen, Planner Paul Dorling, AICP, Director of Planning and Zoning THROUGH: City Manager DATE: February 25, 2010 SUBJECT: AGENDA ITEM 8.L. -REGULAR COMMISSION MEETING OF MARCH 2 2010 REVIEW OIt APPEALABLE LAND DEVELOPMENT BOARD ACTIONS ITEM BEFORE COMMISSION The action requested of the City Commission is review of appealable actions which were taken by various Boards during the period of February 16, 2010 through February 26, 2010. BACKGROUND This is the method of informing the City Commission of the land use actions, taken by designated Boards, which may be appealed by the City Comrx~ission. 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 mezxaber. • By motion, an action must be taken to place the item on the next meeting of the Commission as an appealed item. REVIEW BY_OTHERS Site Plan Review and Appearance Board Meeting; of February 24, 2010 A. Tabled with direction (6 to 0, Shane Ames absent), a request to attach a projecting sign to an existing awning for Cafe Luna Rosa, located on the west side of Ocean Boulevard, south of East Atlantic Avenue. B. Approved with conditions (6 to 0), a Class I site plan modification request associated with the installation of a temporary wind protection shield for Surf Sliders, an existing restaurant, located on the west side of Ocean Boulevard, south of East Atlantic Avenue. C. Approved with conditions (6 to 0}, a Class II site plan modification and architectural elevation changes associated with the construction of an equipment enclosure, landscaping and color change for Palm Court Plaza and Professional Center, located at the southwest corner of Military Trail and Linton Boulevard. D. Approved with conditions (5 to 0 George Brewer stepped down), a Class III site plan modification associated with the expansion of the existing outdoor service bar area for Cabana El Rey Restaurant, located at the northeast corner of East Atlantic Avenue and NE 1st Avenue. E. Approved (6 to 0), a Class Iii site plan modification associated with a change to add an additional 1,088 sq. ft. to a 29,780 sq. ft. medical office building for Midtown Medical Building, located at the southwest corner of Linton Boulevard and 41d Germantown Road. F. Tabled (6 to 0), a Class iii site plan modification associated with a change of use from tobacco shop to restaurant for Ali Saba Hool~as Restaurant, located on the east side of South Federal Highway, between Avenue G and LaMat Avenue. The Board requested that professionally drawn plans be provided and that the architectural elevation. plans accurately reflect proposed elevation changes. G. Approved with conditions {6 to 0), a Class IV site plan modification and architectural elevation plan associated with the conversion of uses within the existing building, construction of new mezzanines and expansion of the third floor restaurant for Atlantic Ocean Club, located at the northwest corner of East Atlantic Avenue and the FEC Railway. Concurrently, the Board recommended approval to the City Commission a waiver to LDR Section 4.4.13(F)(1){c), which requires a minimum floor height of 10 feet for ground floors and 9 feet for all other floors. Historic Preservation Board Meeting of February 17, 2010 1. Denied {7 to 0), a request fax a Certificate of Appropriateness associated with the installation of a free-standing sign on a contributing property located at 14 South Swinton Avenue. RECOMMENDATION By motion, receive and file this report. Attachment Location Map -~; ~~°' °:~~~, CITY CUMMISSI~N METING - _~~_~_ ~,- ~,,~„ _ _~_ _ ~ ,,~~ ~~~,~.,~ ~ n~~ARCH z, ~a~~ I, ~ ~,:,F ~ 'PLANNING AND ZONING .w iii ~~~~~' ~OCAT~ON MAP «~,~r ~~ :~~,~ DePA~~-a~N~ 1 SPRAB HPB A. CAFE LUNA ROSA D. CABANA FL REY 1. 74 S. SWINTON AVE. B. SURF SLIDES E. MIDTOWN MEDICAL OFFICE BUILDING C. PALM COURT PLAZA & F. ALI BABA HOOKAS RESTAURANT PROFESSIONAL CENTER G. ATLANTIC OCEAN CLUB ~-- OIGlTAL BASE MAP SYSTEM -- MAP REF: S:\Planning &Zoning\DBMS\File-Cab\CC-DQC\3-2-ta MEMORANDUM TO: Mayor and City Commissioners FROM: Linda Karch, Director of Parks and Recreation THROUGH: David T. Harden, City Manager DATE: February 24, 2010 SUBJECT: AGENDA ITEM S.M.1-REGULAR COMMISSION MEETING OF MARCH 2, 2010 CONTRACT AWARDIODOMS' SOD INCJOLD SCHOOL SQUARE ITEM BEFORE COMMISSION Commission approval is requested to approve contract award to Odums' Sod, Inc. in the amount of $22,715.90 for replacement of sod at Old School Square. BACKGROUND We have received three quotes for the purchase and installation of sod at Old School Square. Each vendor has quoted for two different sods. Floratam which will be installed at the north, east, and south area of Old School Square and Celebration - a durable, drought resistant, excessive wear sod -will be installed in front of the amphitheater. Odum's Sod, Inc. proposed $22,715.90, Conco Horticultural, Inc $24,740.00 and Landscape Steward's Alliance, LLC $24,555.000. Parks and Recreation recommends the lowest bidder Odum's Sod, Inc. for $22,715.90. FUNDING SOURCE Funding is available from 001-4131-572-52.26 (Gardening Supplies). RECOMMENDATION Parks and Recreation recommends approval of contract award to Odums' Sod Inc. d a O U U1 p a O H w a a W Q O +~ a~ a d ~ ~ri o Sri ~ ~ ~ N C? ~ ~ ~ ~ O ~' °• °• rn ~ ~ ° ~ ~ o, c~ O ~ ~ ~ E-E ~ w U Q °o °o ~ o ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ 0 w a a a~ ~ ~ Q H ¢ +~ ~ ~~W V r} W~ ~ / U ~ ~ ~ ~ ~ O GJ (/} fl ~ x ~ O ~ O ~ "Ci O U MEMORANDUM TO: Mayor and City Commissioners FROM: Linda Karch, Director of Parks and Recreation THROUGH: David Harden, City Manager DATE: February 2S, 2010 SUB TECT: AGENDA ITEM 8 M.2 -REGULAR COMMISSION MEETING OF MARCH 2, 2010 CONTRACT AWARD /PLAE PERFORMANCE SPORTS FLOORING/SEACREST SOCCER COMPLEX ITEM BEFORE COMMISSION This item is before Commission to approve a Contract Award to PLAE (Performance Sports Flooring) in the amount of $42,500.00 to provide material and installation of a synthetic turf practice area at Seacrest Soccer Complex. BACKGROUND We have received three quotes for the purchase and installation of synthetic turf at the Seacrest Soccer Complex. The turf will be utilized by Prep and Sports, Inc. aka XPE Sports, for training of Professional Atheltes through a fitness and training program. The artificial turf is to prevent any damage to the existing field at the Soccer Complex. In return for the use of the complex, XPE Sports will be holding a year-round sports training camp that will be free for eligible children of Delray Beach, as well as making the equipment and turf available for soccer and lacrosse players. PLAE quoted $42,500.00, Sports Turf One, Inc. $58,645.00, and Sprinturf $61,745.40 to purchase and install the synthetic turf. FUNDING SOURCE Funding is available through execution of the Interlocal Agreement between the City of Delray Beach and the Delray Beach Community Redevelopment Agency to provide funding to the City in an amount of $40,440.00. Funding for the remaining $2,500.00 is proposed from account #334-4151-572-63.81 (Other Parks-Citywide), after a budget transfer. RECOMMENDATION Staff recommends approval of a contract award to PLAE for the purchase and installation of synthetic turf at the Seacrest Soccer Facility. SEACREST SOCCER COMPLEX SXNTHETIC TUkF INSTALLATION PROJECT Provide all labor and materials to install a synthetic turf practice area. Tkzis area to include excavation, haul away generated debris, adjust and relocate required irrigation components, install a f " x 12" perimeter flush curb to act as a border. Complete varicore zx~ultiflv~cr underdrain system tied into a 10" perimeter solid N12 HDPE pipe. This pipe will empty into the existing retention area along the north side of the property. Install a 6" turfbase stone base on top of 4oz. Nonwoven £zlter fabric. Install a 2" x 4" pressure treated Haler board on to curb. Install a 100% spine Mono filament 36oz., 2 1/S" height turf with a 50°!o rubber and 50% sand infill synthetic turf systerr~. Turf to have an 8 year 3rd party warranty... Price Per Lump Suzx~ VENDOR MATERIAL INSTALLATION TOTAL PLAE $17,500.00 $25,000.00 X42,500.00 Lowest Sports Turf-One, Inc. X58,645.00 Sprinturf $b 1,745.00 MEMORANDUM TO: Mayor and City Commissioners FROM: Joseph Safford, Finance Director THROUGH: David T. Harden, City Manager DATE: February 25, 2010 SUBJECT: AGENDA ITEM 8.M.3 -REGULAR COMMISSION MEETING OF MARCH 2 2010 PURCHASE AWARD/REPLACEMENT VEHICLES TO MULTIPLE VENDORS ITEM BEFORE COMMISSION City Commission is requested to approve the purchase of twenty-six (26) replacement vehicles from multiple vendors. Bartow Chevrolet in the amount of $142,414, Garber Chevrolet in the amount of $21,952, Stingray Chevrolet in the amount of $15,427, Duval Ford in the amount of $78,825, Garber Ford in the amount of $195,472, Hub City Ford in the amount of $133,710, Rossmeyer Harley Davidson in the amount of $33,550, Ring Power Corporation in the amount of $$6,154, Nortrax Equipment in the amount of $38,891, with an additional award to Emergency Vehicle Supply in the amount of $45,$31 for the installation of Police equipment and lighting for ten (10) vehicles. The vehicle purchase awards are being made under the Florida Sheriff s Association (FSA) and Florida State contracts. Four of these vehicles have been downsized from the vehicles that they are replacing, representing our efforts to reduce fleet acquisition costs and fuel consumption. There are three Hybrid vehicles included to provide an additional reduction in fuel consumption and exhaust emissions, further reducing the carbon footprint of our City fleet. BACKGROUND Replacement of twenty-six City vehicles based on age and life to date maintenance cost. ~Vendor ._ Type Cost ; ---- -- Contract ormation artow Chevrolet (6) 2014 Chevy Impala $ 115,386 SA-Bid #09-17- ' Administration E k 908 Bartow Chevrolet (1) ' 2010 ChevyTahoe Police k $ 27,028 FSA-Bid #09-17- ursuit Package_ _ f_ _ '.. 0908 ................ artier Chevrolet (1) 2010 Chevy Impala ~ `~ 21,952 SA Bid #09 17- ursuit 0908 _ Stingray Chevrolet (1) 2010 Chevy Cobalt $ 15,427 FSA-Bid #09-17- 0908 uval Ford {1) - 2010 Ford F-250 3/a -Ton ' $ 36,128 SA-Bid #09-17- X4 Crew Cab 0908 Duval Ford {1) : 2010 Ford F-350 1-Ton $42,697 FSA-Bid #09-17- X2Utility Body Truck ~ ' 0908 Garber Ford (1) 2010 Ford Ranger 4X2 $ 13,932 SA-Bid #49-17- 908 Garber Ford (1) 010 Ford F-1501/z-Ton $ 15,973 h'SA-Bid #t}9-17- X2 908 Garber Ford (1) 2010 Ford F-1501/z-Tan $17,563 FSA-Bid #09-17- X2 0908 Garber Ford (1) 2010 Ford F-250 3/4-Ton $ 19,752 FSA-Bid #09-17- X2 0908 Garber Ford (2} ' 2010 Ford Crown Vic $ 49,838 ' FSA-Bid #09-17- ' Police Interceptor ' 0908 Garber Ford {3} 2010 Ford Fusion Hybrid :$ 78,414 FSA-Bid #09-17- 0948 ub City Ford (1) 2009 Ford F-750 Truck $ 109,701 SA-Bid #09-17- ith Utility Body and ` 0908 Crane Hub City Ford (1) 2010 Ford E-350 Van $ 24,009 orida State Contract- 071-000-10-1 ~Rossmeyer Harley (2) 2010 Harley Davidson $ 33,550 SA-Bid #09 17- ;Davidson HTP Police Motorcycle ~ 0908 Ring Power Corp. (1) Caterpillar 308D Compact' $ 86,154 SA-Bid #09-17- r Track Excavator 0908 Nortrax Equipment (1} ohn Deere 110 TLB $ 38,891 SA-Bid #09-17- ~ ackhoe 0908 mergency Vehicle {10) Police Equipment and $ 45,831 . Quotes-Sole Source Supply ighting Installation ~ endor/Federal Si nal Total $792,226.00 FUNDING SOURCE Funding is available from 501-3312-591-64.20 (Garage Fund: Machinery-Equipment-Automotive). RECOMMENDATION Central Garage recommends the award of the seven (7} vehicles to Bartow Chevrolet in the amount of $142,414, one (1) vehicle to Garber Chevrolet in the amount of $21,952, one (1} vehicle to Stingray Chevrolet in the amount of $15,427, two (2) vehicles to Duval Ford in the amount of $78,825, nine (9) vehicles to Garber Ford in the amount of $195,472, two (2) vehicles to Hub City Ford in the amount of $133,710, two (2) vehicles to Rossmeyer Harley Davidson in the amount of $33,550, one (1) vehicle to Ring Power Corporation in the amount of $86,154, one (1) vehicle to Norl.rax Equipment in the amount of $38,891, with an additional award to Emergency Vehicle Supply in the amount of $45,831 for the installation of Police equipment and lighting for ten (10) vehicles, for a total award amount of $792,226.00. b ~ m o O N u ~ N O v LL m a7 ~ O i - ~ L C 0 ~ Q ~ 64 p ~ ~ :N u „ ~ N ~ u° ~0 b p ~ T .-1 N W N M h h : 0 a 0 a 0 o 0 0 0 0 0 0 0 o O a O a O a T ~ O a a a Qf rn 6~ o~ 0 a 0 o 0 0 0 0 0 o Os m rn s °o °o m m N N N N N N N N N ~ N N .-~ N N N N H r1 Y U ~ c ~ Y c S ~ ~ u 3 F ? °~' a 4 ¢ ¢ ¢ ~ 4 ~ ~ 4 a a ~ d d g Q ¢ 4 ¢ o a ~ u . ~ u °' ' `n m a: :L j H in h ~ in ~ in ,°'„ N c F m a F j u n F ~ F a m ., ~ in ~ ~ . -i u o u ` p r t ~::. w 'o ~ v v ~ N - 'a N N - E c ~ ~ N c F in - ~n = ~ v v N v ~ co o p 0 4 o ~ ~ ~ ~ ~ ~ ~ LL ~ = m .-i ~ i ,~ .~ ~ m ~i LL ~ _ ~ ~ ~ r ,ti ~ ~ o `o `o `o v w m w x LL 2 ~ _.:.. v: :"'p O. ~ ~ u Ol - C ~ " u dl - w o O rv o O .Ni c c a 'a CO ~ ~ ~ O v O ~ ~. a .:~ s :m d m ~ v~ a ~ V ~ ~ N O E N b U V .+ N ~ N 3 0 0 ~ N d Gl d ~ ~ ~ G G N U K m ~ K M N = 7 N p m a o . :-.. v. ~ ~ v v 6 r u~S d ~. a u, ~, m ~L ~;. ~ n ~ r r LL ~ a ~ o v o O ~- U U O O LL ~ V 6 ub. V a LL w ~° ~° a b = = b C O ~ O C " n v :° > ~ a u u u a u m a v m m m m -'-d 0 0 0 0 0 0 0 0 m ~ » S o w o o o LL - - -° o n ~ 5 t ~ n. a a a a v. a a c a a ~' ~ a s c a :: v ~, p o u _. ~ ~ .a m N m N ~ N o ~p n ao N m m ro m ~ n m N N o 0 0 v o v ~a rv o c::_u: ~ -. n N .. N .. ~ a m .. ~ .-~ .-~ m .-~ N r oo N a a m m .~ m .a m as N ~ o0 N 0o N n r '. Q h:. "1_' : ID-W a: N w N m N ~n N m N ~n N ~a n v o ~n n a 00 N h ~ N m M w rt ~n N s~ K] °o to o ca ."'-~ eo .°'-~ oa ."'-~ .+ 0 n m o o ~n n n ~n n n v .n r, m ao e~ N LJ. .ti _ N .-[ .-I ~ .-I Oi O ~ M • ~ ~ N N T-i • ry m s0 N b ~ N Oi V N ~ W ~D o0 GO N N N N N N N m . ~ N p N h N r ~ ,-~ a 's v r ~ .r v ti v ~ a ~ ~o ~ o a a m m 0... a. - N N N N M N N ~ 0 0 C <n ~ 0 -C: i m m m m m n i " i ~: p' m m m n a o N ~' n o Q m '~ N s : C N N N N N N O ti Q ~ ~ v Q a ~ ~ ' ~ rn m ~ n n o~ . . ai .-t .-1 .-i v h a n 1~ h ~ v i N v i H ~ ~y W ~ M ~...- ,:. Gi .A Qf .-0 OI d O1 .-I T r-t Ol .-i M1 N ~ N rl N /i .-1 ~ ~ m N ~ T M .~ N .-1 r .i pi .-1 ~ N V N ~- N ~G N ~ N 4l1 ~ Ol O Q N M ~ ~ .~-~ m m W W m m Q t a -: ~ ~ ~ .~ ~ m ono a °i ,~+ tO .y o0 ~ m m N m o0 .. st ... V .s .+ .-i M O m ~ h ~ ~9 Ol _ O ~A N W rF ~n N ~ N ~o r!' ~o N ap M ~ ul m ~ V +-f ~ O~ lp .. m' N ~ ~ rv N N W m ~'1 m' m V M V ~ ri' V' H Q N N O ~ N' ~ n ~ O ~ ~ c0 ~ ~ -n r ~ ~ ~ r r r r r --.:~- m a d a `a `w `w a o m a d a m o ¢~ a a n o 0 0 ::: C. h ~ ~ N a~ N N .~ .-i ' ' n n ~ n ~p n n n ~ a m c w s~ ~ m a a m ~o co oa n n n n rn o 0 a o o a rn m . ' G w N o /f iP N 1!1 N c N a V m N N N m v m n m n m n VI !!i o h a n a h 4~ ~/] 0 0 O m . : V T ~ N ~ N N N N N N N N ~ rl N rl N N rl N !R N r -] N N N ~ r i R 1 :N m D a O m °' ~ °' c o N ~ u C ~ l0 ~ ` E E C_ E c E C E c_ E ~ 3 6-p ~ ~ -p ~ ` s w ° ~ . ~ $ a n o' a a a a a a 0. a J J = 2 = 3 ~: rv m ro ro m m y m •~• o o m o 0 o c c o c p c p 0 o a n v ~ m v- f°o. n a a. a ¢ s o. 9 rv m c ~ ~ rv o 0 n m J J o z- E E E E E E F E u° s . -~ u u LL °m ~-+ .°n x ~ m u s m a ~ ~ ~" i S~ ~ °' m m ~ ~ ° ~ b ~ ~ a a ~ ~ L u Z. L U L U L U L U L U L U L U L U L U O p p W ~ u ~ O ip LL LL 2 2 ~ U p Q ? i S ~i i } a ' " " " ~ = = L ~° ~O O ~ b O ` b ` Vi O CS ` 6 ~ LL ` ` c ~ u u u u u u u u U ~' ~ $ o 0 0 ~ o ~ o ~ ~o ~ py ~o ~. ~ m ~- Gl m a Gi 3 w % ::vo n o 0 0 0 0 o a ~° - - d w w v m 'a v v v a- u u N ~ 6p m _.. u r ~ ~ Y r ~ Y ~ an _ ~ ? .n s .n ro ro m ` ` a n .o 0 0 m ~ ~ o -::.7_ m m m m m m m U' o o C7 l7 [7 L7 U' l7 m L7 r o l7 l7 T T ce [[ K z V p O O ~ ~ ~ ~ w J 1+ 3 Y ~ C ~ W ' Y V 9 Y Y ~ V Q Q ' Q - V m ~ u - r Y Y p ~ O Y Y 7 of N Y O ' F. V V ~ ~ ~ a N, x V u N V n N a N Y p V ~ 6 ~ p } W vi rv p 3 J 3 ~ 3 x ] a x v x x x ~ ~ S 2 2 ~. a d d a N N K ° ' N N « ~' c ~ Y' c c c v N H v a ~ ~- ~i ~i ~ p i . i`n in us « in H in a li+ p u ° ° p , „ 'v, N N ~ _ . i `o `p > Y 3::-. ~ F E F - o E ~ - M - F - ~ o Z.: fa u~. ii W LL ua. ~ ti ~ ~ m N u r ,y m ~ w ~ ~ ~ ~ ti ~ ~ w m MEMORANDUM TO: Mayor and City Commissioners FROM: SCOTT PAPS, ArCP, SENIOR PLANNER PAUL DORLING, AICP, DIRECTOR OF PLANNING AND ZONING THROUGH: CITY MANAGER DATE: February 24, 2010 SUBTECT: AGENDA ITEM 9.A. -REGULAR COMMISSION MEETING OE MARCH 2 2DID WAIVER RE UESTS/PUTT'N ARODND DELRAY BEACH ITEM BEFORE COMMISSION The action requested of the City Commission is consideration of seven waivers from Land Development Regulations associated with the Class V site plan for the Putt'n Around Delray Beach project: 1. A waiver to LDR Section 4.3.4(H)(6)(b)(2), which requires a 10-foot special landscape setback along NE 5~ Avenue. 2. A waiver to LDR Section 4.6.18(B)(14)(iv)(2), which requires that the minimum transparency or glass surface area on the ground floor wall area of all non-residential and mixed-use buildings shall be a minimum of 75°l0 of the wall area for that elevation. 3. A waiver to LDR Section 4.4.13{F)(4)(b){1), which requires that a portion of the building comply with the building frontage requirements. 4. A waiver to LDR Section 4.4.13(F)(1)(a), which requires that the proposed building provide a minimum height of 25 feet. 5. A waiver to LDR Section 4.4.13(F){8)(c), which allows a maxirnurxz encroachment of 4 feet into the required setback for the proposed roof eave. 6. A waiver to LDR Section 4.6.5(C), which allows a maximum height of 6 feet for walls, fences, or hedges in the required front yard. 7. A waiver to LDR Section 4.4.13(F){1)(c), which requires a minimum floor to ceiling height of 14 feet for the ground floor and 9 feet for all other floors. BACKGROUND The project consists of Lots 4 through $, Block 97 of the Highland Park subdivision and is 1.38 acres in area. The property is currently vacant. At its meeting of February 1, 2005, the City Commission approved a conditional use for the subject property to construct a mixed use building with a height of 57 feet 6 inches. The approval associated with these improvements has expired. At its meeting of January 2S, 2010, the Planning and Zoning Board considered a Conditional Use request for the current development proposal fora 36-hole miniature golf course and recommended approval to the City Commission. At its meeting of February 2, 2010, the City Commission appxoved the conditional use, subject to the following conditions: 1. Approval of a site plan by SPRAB that generally conforms to the submitted sketch plan and addxesses the "Exhibit "A" -Technical Items" attached in the staff report; 2. That the dumpster enclosure gates be locked when not in use. 3. That a closed circuit television system be installed and monitored. At its meeting of February 10, 2010, the Site Plan Review and Appearance Board {SPRAB) approved the Class V site plan application for the Putt'n Around Delray Beach development. The SPRAB recommended approval of all seven requested waivers to the City Commission. WAIVER ANALYSIS: Pursuant to LDR Section 2.4.7(B){5}, prior to granting a waiver, the approving body shall make a finding that the granting of the waiver: (a} Shall not adversely affect the neighboring area; (b} Shall not significantly diminish the provision of public facilities; (c) Shall not create an unsafe situation; and (d) Does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. Special Landscape Setback: Per LDR Section 4.3.4(H)(6)(b)(2), a 10-foot special landscape setback is required along NE 5~ Avenue. This area is not required between the building and the right-of-way. However, it is xequixed from the building to the north end of the property. The proposed fence, pavilion, and golf course encroach into the required special landscape setback. The applicant has submitted the following verbatim narrative in support of the waiver: "...In reviewing the LDR's there is a conflict between the requirement for 10' landscaping and the front building setback requirement of a non residential use in the CBD area to be a minimum of 5' (Section 4.d.13(F)(4).2. The intent of this regulation is to bring the building edge to the street for a distance of 70% to 90% of the lot frontage. We have utilized architectural features to help offset this concern by proposing decorative walls and trellis to help create this `edge', therefore minimizing other waiver requests. Each wall is 16' long and two decorative walls are proposed for a total of a 32' encroachment into the landscape setback. These walls have S' x 5' openings that can be viewed thru to see the landscaping on the other side therefore maximizing the landscaping as well as keeping the intent of the Land Development Regulations. Tlae proposed decorative wall and fence will encroach into dais setback 4'-7" for a total distance of 32'. Tlais represents the largest setback encroachment request within the 10' special landscape area. The granting of this waiver will not adversely affect tlae neighboring area; will not diminish the provision of public facilities; will not result in an unsafe situation; and will not result in granting of special privilege as this is a unique situation not affecting the public-at-large... " Waiver Analysis: 1t is noted that the proposed use was not envisioned for the subject property when the Downtown Design Guidelines were crafted. These regulations envisioned a neo-traditional urban design that encourages development in the pedestrian scale. This same sentiment also applies to the waiver associated with the building frontage. However, it is noted that the subject property is located within the third block north of Atlantic Avenue and the nature of this area does not share the characteristics of Pineapple Grove Way or Atlantic Avenue. The SPRAB has supported similar waivers (Office Depot/CVC Pharmacy) far developments within the CBD zoning district that share similar circumstances in recognition that these properties are outside of the immediate downtown area. Accordingly, a positive finding with respect to LDR Section 2.4.7(B)(5), Waiver Findings can be made. Building Setbacks: The following table indicates that portion of the development which does not comply with the building setback requirements of LDR Section 4.4.13(F)(4) for the Central Business District (CBD) zoning district: ~ Street ;Frontage wilding eight %Building ronta e g Required Setback equ~red wilding rontage at Proposed wilding rontage at Compliance with DR Requirements? x __ __ { mmlmax) __ Setback Setback Y N 5~ venue {Federal 'ghway) p to 37' 70%o min. 90%' 5' min ''. ' 174.68' min. ' 0.66' X ax. ' 10 max. 224.59 max. 249.55' Lot rontage The applicant has submitted the following narrative in support of the waiver: "...This regulation requires that 70% to 90% of the building frontage shall be no greater than 10' from the property line. The intent of the land development regulations is to provide an `edge' to the street. This project does not have enough building program to provide this desire. We have utilized architectural features to help offset this concern by proposing decorative walls, trellis and fencing to help create this `edge', therefore minimizing this waiver request. The proposed building percentage is 19.5% and the site walls are 12.4% for a total of 31.9%. Therefore, we are requesting a reduction of 38.1% {70 - 31.9) to this regulation. The granting of this waiver will not adversely affect the neighboring area; will not diminish the provision of public facilities; will not result in an unsafe situation; and will not result in granting of special privilege as tlxis is a unique situation not affecting the public-at-large... " Waiver Analysis: As noted in the waiver associated with the special landscape area, the proposed development was not envisioned accommodated when the Downtown Design Guidelines were created. The property is located out of the immediate downtown commercial area and is disconnected from the pedestrian environment that would otherwise warrant the continued building frontage. The City has supported similar waivers for properties outside of the immediate downtown area. Accordingly, a positive finding with respect to LDR Section 2.4.7(B)(5), Waiver Findings can be made. Building Height: Per LDR Section 4.4.13(F)(1)(a), overall height of buildings shall be a minimum 25 feet and a maximum of 48 feet. The proposed attendant building does not comply with the minimum height since a height of 17 feet 2 inches is proposed. The applicant has submitted a waiver request from the required building height. The applicant has submitted the following verbatim narrative in support of the waiver: "...Tlzis regulation requires that the minimum building height is 25' to the mean roof. The primary use of this site is a miniature golf course with an attendant building that is a primary control center for the golf course. With such little building program reaching this height would not be in proportion for the Old Florida Style architecture. The proposed building height is I7'-2" which would represent a reduction of 7'-IO" height differential. The granting of this waiver will not adversely affect the neighboring area; will not diminish the provision of public facilities; will not result in an unsafe situation; and will not result in granting of special privilege as this is a unique situation not affecting the public-at-large... " Waiver Analvsis: The purpose of this requirement is to ensure consistent development with the existing built environment along Atlantic Avenue, which is predominately two-story buildings. However, as explained with the special landscape area and building frontage waivers, the subject property is located outside of the immediate downtown area. The existing character of this area is lower buildings such as the single story gas station and former funeral home to the north and south. Thus, given the context of the built environment, the proposed attendant building with a lower height would not be inconsistent with the surrounding properties. Accordingly, a positive finding with respect to LDR Section 2.4.7(B)(5}, Waiver Findings can be made. Roof Eave: Per LDR Section 4.4.13(F)(8)(c), roof eaves are allowed to encroach up to a maximum of 4 feet into the required setback. The proposed roof eave encroaches 5 feet into the required setback along Federal Highway. The applicant has submitted a waiver request from this requirement. The applicant has submitted the following verbatim narrative in support of the waiver: "...This regulation requires that the maximum eave encroachment into the front setback be no more than 4'. Pursuant to LDR Section 4.413(F)(4) buildings are to be constructed within S' to IO' of the front property line. The proposed building location is 6' from the property line with a 6' overhang that would act similar to that of an arcade building. This is also in keeping with the Old Florida Vernacular architectural style. The proposed eave overhang into the setback is S' which creates a request far a 1 'additional overhang into the front setback. The granting of this waiver will not adversely affect the neighboring area; will not diminish the provision of public facilities; will not result in an unsafe situation; and will not result in granting of special privilege as this is a unique situation not affecting the public-at-large... " Waiver Ana~sis: It is noted that City currently allows the encroachment of canopies, marquees, and covered wallcways into the public right-of-way per LDR Section 63.4, subject to approval by the Chief Building Official and applicable agreement. The purpose of allowing this encroachment is to provide protection to pedestrians from the elements. The only material difference between these architectural treatments is that the roof eaves are an integral part of the principal structure. The maximum encroachment of roof eaves elsewhere in the City is 2 feet. The intent of allowing a greater encroachment in the CBD is to allow greater protection from the elements and architectural flexibility. Since the roof eave is located within the private property, there will be no impact on surrounding private properties if the waiver were to be approved. Accordingly, a positive finding with respect to LDR Section 2.4.7(B}(5), Waiver Findings can be made. Fence Height: Per LDR Section 4.6.5(C), a maximum height of 6 feet is required for walls, fences, or hedges in the required front yard. The proposed fenceltrellis along Federal Highway is 11 feet 2.5 inches high. The applicant has submitted a waiver xequest from this requirement. The applicant has submitted the following verbatim narrative in support of the waiver: "...This regulation requires that the maximum wall and trellis height in the front setback be no more than 6'. The primary purpose of this decorative wall and trellis is to minimize the lack of required building use and satisfy the building frontage and height requirements as stated in Section 4.4.13{F}(T) {a) and 4.4.13(F)(4)(b)(1). The proposed trellis height is 11'-2" above grade resulting in a request for 5'-2 I/z" in additional height. The granting of this waiver will not adversely affect the neighboring area; will not diminish the provision of public facilities; will not result in an unsafe situation; and will not result in granting of special privilege as this is a unique situation not affecting the public-at-large... " Waiver Analysis: In the case of the Office DepotICVS project at the intersection of George Bush Boulevard and the Federal Highway pairs, the SPRAB approved relief from the building frontage requirements, in part, based on the provision of a similax fenceltrellis system. It is noted that the majority of the fence is 6 feet high with two wallltrellis features that are 15.5 feet wide. These features provide a break to the picl~et fence and add interest to the streetscape of the project. Accordingly, a positive finding with respect to LDR Section 2.4.7(B)(5}, Waiver Findings can be made. Minimum Floor Height: Per LDR Section 4.4.13(F)(1}(c), the minimum floor height is 10 feet fox the ground floor and 9 feet for all other floors. The proposed attendant building provides a ground floor height of 12 feet 8 inches and 7 feet for the upper floor. The applicant has requested a waiver from this requirement for the upper floor. The applicant has submitted the following verbatim narrative in support of the waiver: "...This regulation requires that the minimum floor height for the ground floor is to 10' floor to ceiling and all other flaors are to be a minimum of 9'. The LDR's have exceptions to the heights as related to the uses for auxiliary and service rooms. The majority of the ground floor rooms meet this exception. Tlie Lobby is the remaining space and is a double height space with a sloping ceiling ranging from 12'-8" to 22'-6". The second floor will be utilized as a single office area with associated files not far public access and this too has sloping ceilings with dormers that have all varying ceiling heights. The second floor ceiling heights range from 7' to 11 'which is an average ceiling height of 4'. The proposed lowest occupiable second floor ceiling height is 7' which would represent a reduction of 2' height differential. The granting of this waiver will not adversely affect the neighboring area; will not diminish the provision of public facilities; will not result in an unsafe situation; and will not result in granting of special privilege as this is a unique situation not affecting the public-at-large... " Waiver Analysis: As noted in the applicant's justification statement, the upper floor does not meet the minimum floor height due to the design of the building. It is reasonable to grant the waiver based on the fact that the upper floor exceeds the minimum height for a large portion of the floor area. Accordingly, a positive finding with respect to LDR Section 2.4.7(B}{5), Waiver Findings can be made. Facade Transparency: Per LDR Section 4.6.18(B}(14)(iv}(2), the minimum transparency or glass surface area on the ground floor wall area of all non-residential and mixed-use buildings shall be a minimum of 75% of the wall area for that elevation. The proposed building does not provide the required transparency since only 19.7% is provided. The applicant has submitted the following verbatim narrative in support of the waivers: "...The architecture of the attendant building is an Old Florida Vernacular that has appropriate traditional style windows. We have maximized the amount of window area allowed between the structural columns while maintaining the architectural vocabulary. We are requesting a relief from the minimum transparency of glass surface of 75% on the ground floor area pursuant to LDR Section 4.6.18 (B}(14}(iv)(2}. The proposed transparency is 19.7% resulting in a request of 55.3% reduction of transparency glass surface. The granting of this waiver will not adversely affect the neighboring area; will not diminish the provision of public facilities; will not result in an unsafe situation; and will not result in granting of special privilege as this is a unique situation not affecting the public-at-large... " Waiver Analysis: The purpose of the window transparency requirement is to provide "window shopping" opportunities for pedestrians. This result is a pedestrian friendly environment that encourages people to continue along the street, which is a goal of the Downtown Design Guidelines. However, the subject property is not in a location that has that relationship to the core commercial area of the downtown. The SFRAB has approved similar waivers such as Pediatrics by the Sea based on this reasoning. Accordingly, a positive finding with respect to LDR Section 2.4.7(B){5), Waiver Findings can be made. RECOMIVIENDATION By separate motion: 1. Approve the waiver to LDR Section 4.3.4(H)(6}(h)(2), which requires a 10-foot special landscape setback {reduction to 4' 7") along NE 5~t' Avenue based on positive findings with LDR Section 2.4.7{B) (5). 2. Approve the waiver to LDR Section 4.6.18{B)(14)(iv){2), which requires that the minimum transparency or glass surface area on the ground floor wall area of all non-residential and mixed-use buildings shall be a minimum of 75% of the wall area {reduction to 19.7%) for that elevation based on positive findings with LDR Section 2.4.7(B)(5). 3. Approve the waiver to LDR Section 4,4.13(F)(4)(b}(1), which requires that a portion of the building comply with the building frontage requirements (reduction from the minimum required building frontage of 174.68' to 40.66') based on positive findings with LDR Section 2.4.7(B)(5}. 4. Approve the waiver to LDR Section 4.4.13(F)(1)(a), which requires that the proposed building provide a minimum height of 25 feet (reduction to 17' 2") based on positive findings with LDR Section 2.4.7(B)(5). 5. Approve the waiver to LDR Section 4.4.13(F)(8}(c), which allows a maximum encroachment of 4 feet into the required setback for the proposed roof cave (5' encroachment) based on positive findings with LDR Section 2.4.7(B)(5). 6. Approve the waiver to LDR Section 4.6.5(C), which allows a maximum height of 6 feet for walls, fences, or hedges in the required front yard {increase to 11' 2") based on positive findings with LDR Section 2.4.7(B)(5).. 7. Approve the waiver to LDR Section 4.4.13(F)(1)(c), which requires a minimum floor height of 10 feet for the ground floor and 9 feet for all other floors {reduction to 7' for the upper floor) based on positive findings with LDR Section 2.4.7(B)(S). IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA WAIVER REQUESTS FOR PUTT'N AROUND DELRAY 1. These waiver requests came before the City Commission on March 2, 2Q10. 2. The Applicant and City staff presented documentary evidence and testimony to the City Commission pertaining to the waiver requests for Putt'n Around Delray. All of the evidence is a part of the record in this case. Required findings are made in accordance with Subsection I. WAIVERS: A. Waiver to Landscape Setback Along NE 5~~' Avenue. Per LDR Section 4.3.4(H}(6)(b)(2), a 14-foot special landscape setback is required along NE 5t~' Avenue. This area is not required between the building and the nigh#-af--way. However, it is required from the building to the north end of the property. The proposed fience, pavilion, and golf course encroach into the required special landscape setback. 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. Does the waiver to Section 4.3.4{H)(6)(b){2) to allow the proposed fence, pavilion, and golf course to encroach into the required special landscape setback meet ail the requirements of 2.4.7(B){5}? Yes Na 1 B. Waiver to Minimum Transparency or Glass Surface Area on the Ground Floor Wall Area of All Nonresidential Buildings. Per LDR Section 4.6.18(6}{14)(iv){2}, the minimum transparency or glass surFace area on the ground floor wall area of all non-residential and mixed-use buildings shall be a minimum of 75% of the wall area for that elevation. Ail storefronts or glass areas abutting the street shall be transparent, non-solar or non-mirrored, and have a light transmission reduction of no more than twenty percent (20%}. The proposed building does not provide the required transparency since only 19.7% is provided. Pursuant to LDR Section 2.4.7(8)(5), prior to granting a waiver, the approving body shall make a finding that the granting of the waiver: {a) Shall not adversely affect the neighboring area; {b) Shall not significantly diminish the provision of public facilities; {c} Shall not create an unsafe situation; and, (d) Does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. Does the waiver to Section 4.6.18(6}(14}(iv}(2) to allow transparency of 19.7% meet all the requirements of 2.4.7(8}(5)? Yes No C. Waiver to Building Frontage Requirements. Per LDR Section 4.4.13(F)(4}(b)(1), the following table indicates that portion of the development which does not comply with LDR Section 4.4.13(F){4) of the Central Business District (CBD) zoning district: Roadl Building Bu€[ding Herght Side N;= 5 ?Avenue (Federal Ground ,Highway) Floor to 249.5' 3T -Lot i=ront~ge Req~~rred "ib Building B~ildirrg ; Proposed Required Frontage Frontage Building Setback (minl~nax'~ at Frontage Sett~ack 70% I 174.68' min.190% ~' min110' min./224. 40.66' max. max. 5g• max. Con~E~liance v~nfh L.DR Requirer~ients? Y N 2 The proposed building percentage is 19.5% and the site walls are 12.4% for a total of 31.9%. Therefore, we are requesting a reduction of 38.1 % (70 - 31.9) to this regulation. 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. Does the waiver to Section 4.4.13(F}{4}{b}(1 } to allow a reduction of 38.1% meet all the requirements of 2.4.7(8}{5}? Yes No D. Waiver to Minimum Building Height. Per LDR Section 4.4.13(F)(1)(a), overall height of buildings shall be a minimum 25 feet and a maximum of 48 feet, The proposed attendant building does not comply with the minimum height since a height of 17 feet 2 inches is proposed. 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) Shali 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 far another applicant or owner. Does the waiver to Section 4,4.13{F)(1 }{a) to allow minimum height of 17 feet to 2 inches meet all the requirements of 2.4.7(6){5)? Yes No E. Waiver from Maximum Roo# Eave Encroachment into Setback. Per LDR Section 4,4.13(F)(8)(c), roof eaves are allowed to encroach up to a maximum of 4 feet into the required setback. The proposed roof eave encroaches 5 feet into the required setback along Federal Highway. 3 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 situatian; and, (d} Does nat result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. Does the waiver to Section 4.4.13(F}($}(c) to allow the roof save to encroach 5 feet into the required setback along Federal Highway meet all the requirements of 2.4.7(6)(5)? Yes No F. Waiver from Maximum Fence Height. Per LDR Section 4.6.5(C), a maximum height of 6 feet is required far walls, fences, or hedges in the required front yard. The proposed fence/trellis along Federal Highway is 11 feet 2.5 inches high. 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. Does the waiver to Section 4.6.5(C} to allow a fenceltrellis along Federal Highway that is 11 feet 2.5 inches high meet all the requirements of 2.4.7(6)(5)? Yes No G. Waiver from Minimum Floor Height. Per LDR Section 4.4.13(F){1)(c), the minimum floor height is 10 feet for the ground floor and 9 feet for all other floors. The proposed attendant building provides a ground floor height of 12 feet 8 inches and 7 feet for the upper floor. 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: 4 (a) Shall not adversely affect the neighboring area; (b} Shall not significantly diminish the provision of public facilities; (c} Shall not create an unsafe situation; and, (d} Does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. Does the waiver to Section 4.4.13{F)(1)(c) to allow a ground floor height of 12 feet 8 inches and 7 feet for the upper floor meet a!I 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 finds that its determinations set forth in this Order are consistent with the Comprehensive Plan. 4. The City Commission finds there is ample and competent substantial evidence to support its findings in the record submitted and adopts the facts contained in the record including but not limited to the staff reports, testimony of experts and other competent witnesses supporting these findings. 5. Based on the entire record before it, the City Commission approves denies the waiver request to LDR Sections 4.3.4{H)(6){b){2), 4.6.18(B)(14)(iv.)(2}, 4.4.13{F}(4){b)(1 }, 4.4.13{F}(1 }(a}, 4.4.13(F}(8}(c), and 4.4.13(F)(1 }(c}. fi. Based on the entire record before it, the City Commission hereby adapts this Order this 2nd day of March, 2010, by a vote of in favor and opposed. Nelson S. McDuffie, Mayor ATTEST: 5 Che~elle Nubin, City Clerk ~U~E ~ SC~~.~D~ ~ 1~C~I~IL~ • A~.G~TE~TS Robert G. Currie, FAIR Jess M.. Sowards, AIA .Jose I~. Aguila, ATA January 28 , 2010 Mr. Scott Pape, AICP Delray Beach Planning & Zoning Department 10 0 NW ~' Avenue Delray Beach, Florida 33444 Re: Putt'n Around Delray- Vl~iver Request 75%Glass Transparency Raquirerr~ertt Project No.090901 Dear Scott Please consider t his our formal request for waive' as required per LDR Sect ion 2.4.7(6) and as noted in your memorandum t o TAC Members dated December 31, 2009 (item 3), regarding f he 75%minimum transparency on t he ground floor as referenced in LDR Sect ion 4.8.18 (B) (14) (iv) (2). The architecture of the attendant building is an qd Florida 1lernacular that has appropriat e traditional style windows. VIA have ma~ornized t he amount of vundow area allowed bet weer t he st ruct oral columns while maim airing t he archit ect oral vocabulary. Vlb are request ing a relief from t he minimum t ransparency of glass surface of 75%on t he ground floor area pursuant to LDR Section 4.6.'6 (B}(14)(iv)(2}. The proposed transparency is 19.7% resulting in a request of 55.3%reduct ion of transparency glass surface The granting of this waive- null not adversely affect the neighboring area; vtiil[ not diminish the provision of public facilit ies; vull not result in an unsafe sit oat ion; and will not result in granting of special privilege as this is a unique sit oat ion not affect ing t hepublic-at -large. Sincerely, CURRIE SCJ~IWRDS AGUILA ARCI-iiTEC:TS Jess M. Sowards, AIA LEEDAP Principal ~ E1ise Johnson Tam Si anley, C q. AIA FLORIDA FIRM OF THE YEAR 2000 Architecture Planning Interior Design #AA2b001584 139 Northeast First Avenue Delray Beach, Florida 33494 5&1-276-9951 - Fax: 561--243-8184 www.csa-arc.*,itc~cts.coa, ~UI~IE • ~t~~t1~RI~~ • A~UIL~ ~ 1~R~I~IT~CTS Robert G. Currie, FAIR Jess M...Sowards, AIA dose i`I. Aguila, ALA January 28, 201D Mr. Scott Pape, AICP Delray Beach Planning & Zoning Depart ment 100 NWf` Avenue Delray Beach, l=lorida 33444 ale; Put t'n Around Delray - WCaiver bequest Building Hight Fiiequirement s Project Na.090SD1 Dear Scott !'lease consider t his our formal request for waiver as required per LDR Sect ion 2.4.7{B} and as noted in your memorandum t o TAC Members dat ed December 31, 2009 {item 13}, regarding t he nvnimum building height as referenced in LDRSection 4.4.3{F}(1}{a}. This regulation requires t hat the minimum building height is t o 2~' t o t he ran roof. The primary use of t his sit a is a miniat ure golf course wit h an attendant building t hat is a primary control center for t he golf course. Wt h such little building program reaching t his height would not be in proportion for t he pd Plarida St yle archit ect ure The proposed building height is 1T-2" which would represent a redact ion of 7'-10" height differential. The grant ing of this waiver wil[ not adversely affect the neighboring area; will not diminish t he provision of public facilities; will not result in an unsafe situation; and will not result in grant ing of special privilege as t his is a unique sit uat ion not affect ing t hepublic-at -large. Sincerely, CURIE SURDS AGtJILA ARCI-iITECTS Jess M. Sowards, AlA LEED AP Principal ~ Elise.lohr~son Tan St as~ley, Esq. AIA FLgRIDA FIRM OF THE YEAR 2000 Architecture Planning Interior Design ##AA260015$4 I34 Northeast First Avenue Delray Beach, FloricFa 33949 56I-276-9951 Fax: 561-293-6189 www.csa-ar.^hitects.com Robert Ct. Gurrie, FAtA Jess M. Sowards, AIA Joss I~. Aquila, AIA. January 28 , 2010 Mr. Scott Pape, AICP Delray Beach Planning & Zoning Department 100 NWf` Avenue Delray Beach, Florida 33444 Fie: Putt'n Around Delray-1ll~iver t~equest I~ve Int o Set back requirement Project No 09090 Dear Scott Please consider t his our form[ request for waive' as required per LDR Sect ion 2.4.7(B) and as not ed in your memorandum t o TACMer~ers dated December 31, 2009 (it em 15}, regarding t he minimum dist ante an eave can extend int o a required front set back as referenced in LDR Sect ion 4.4.13{F}{8}(c}. This regulation requires t hat t he ma~amum eave encroachment irrt o t he front set back be no more t han 4'. Pursuant t o LDR Sect ion 4.4.13 { F) (4) bui Idi ngs are t o be const ruct ed within 5' t o 10' of t he front propert y line The proposed building locat ion is 6' from t he propert y line wit h a 6' overhang t hat would act similar t o t hat of an arcade building. This is also in keeping wit h t he Cld Florida Vernacular architectural style. The proposed eave overhang int o t he set back is 5' which creat es a request for a ~ addit Tonal overhang int o t he f rout set back The gram ing of t his waiver' will not adversely affect t he neighboring area; will not diminish t he provision of public facilit ies; will not result in an unsafe sit uat ion; and will not result in grant ing of special privilege as t his is a unique sit uat ion not affect ing t hepublic-at -large. Sincerely, CURWE SURDS AGUILA ARGI-IiTECTS Jess M. Sowards, AIA LEED AP Principal Q ~iseJohrisan Tom Stan€e~, Esq. AIA FLORIDA FIRM OF THE YEAR 2000 Architecture - Planning Interior Design #AA26001589 139 Northeast First Avenue Relray Beach, Florida 33949 561-276-4951 Fax: 561-243-8189 www.csa-architects.con~ CURIE • ~C3~.~F~DS • ~~UII~A • ~I~CHI'~'EC'~I`S Robert G. Currie, t'`AIA Jess M.. Sowards, AIA January 28, 2010 Mr. Scott Pape, A1CP Delray Beach Planning & Zoning Depart meet 100 NWf' Avenue Delray Beach, Rorida 33444 Fite: Putt'n Around Delray-Waiver Fdequest Floor Height F~irements Proje~ No.090901 Dear Scott Jose iy. Rguila, A[A Please consider t his our formal request for waiver as required per LDRSection 2.4.7(6) and as not ed in your rnemorar~lum t o TAC Merr~ers dot ed December 31, 20 09 (item 14), regarding t he minimum floor heights as referenced in LDRSection 4.4.t3(F~(1)(c}. This regulation requires t hat the minimum floor height for t he ground floor is t o 10' floor t o ceiling and all of her f loors are t o be a minimum of 9'. The LDR's have except ions t o t he height s as relat ed t o t he uses for au~aliary and service rooms. The majorit y of t he ground floor rooms meet t his except ion. The Lobby is t he remaining space and is a double height space wit h a sloping ceiling ranging from 12'-8" to 22'-6 ". The second floor vull be utilized as a single office area wit h associat ed files not for public access and t his t o0 has sloping ceilings wit h dormers t hat have all varying ceiling heights. These~nd floor ceiling height s range from 7' t o 1T which is an average ceiling height of 9'. The proposed lov~est occupiable second floor ceiling height is T w#~ich would represent a reduct ion of 2' height differential. The granting of t his waive,!' wilt not adversely affect t he neighboring area; vuiii not diminish t he provision of public facilit ies; will not result in an unsafe situation; and vali not result in granting of special privilege as t his is a unique situation not affect ing t hepublic-at -large. Sincer~y, Gt,~iRIE SCAIWRDS AGUiLA AR~1-IITECTS Jess M. Sowards, AIA LEED AP Principal C Elise Johnson Tom 5t anley, Esq. AIA FLORIDA ~'II2M OF THE YEAR 2000 Architecture Planning Interior Design #AA26001589 139 Northeast First Avenue neray $each, Florida 33944 561-276-4951 Paa: 561-293-8184 wwvr.csa-architects.com ~U~E • ~t~~~~DS ~ ~Gi1ILA • AR~KT'~~T`~ Robert G. Currie, i;AIA Jess M. S4u+ards, AIA January 28, 2010 Mr. Scott Pape, AICP Deiray Beach Planning & Zoning Depart meat 100 NWf` Avenue Delray Beach, Florida 33444 IRe: Putt'n Around Delray-V4fain~er l~quest Lan+er !Fuel Frorrtage Fl~quirements Project No. 090901 Dear Scott Jose ]`l. Aguila< AI.A Please consider this our #orrrial request for waiver as required per I.DR Sect ion 2.4.7{B) and as not ed in your merr~orandum to TAC Members dated December 31, 2009 (item 4}, regardirxl t he lower le+~el front age requirement s as referenced in LDRSect ion 4.4.13{F)(4)(b)(1). This regulation requires t hat 70%t o 90%of the building front age shall be no great er t han 10' from t he property line. The int erit of the land development regulations is t o provide an `edge' t o t he street . This project does not have enough building program t o provde t his desire. UI~ have utilized architectural feat ores t o help offset this concern by proposing decorative walls t rellis and fencing t o help treat e t his `edge', t herefore minimizing t his v+aiver request . The proposed building percent age is 19.5%and t he sit a walls are 1~.4%for a t of al of 31.9% Therefore, we are request ing a redact ion of 38.1%(70 - 31.9) t o t his regulation. The granting of t his waiver will not adversely affect the neighboring area; will not diminish t he provision of public facilit ies; will not result in an unsafe situation; and will not result in gram ing of special prirrilege as this is a unique sit oat ion not affect ing t hepublic-at -large. Sincerely, Cl~tRl}= SCi~RDS AGUIIA ARQ-IITECTS Jess M. Sowards, AIA LEED AP Principal C FJiseJohnson Tom St anley, Esq- AIA FLORIDA FIRM OF THE YEAR 2D00 Architecture Planning Interior Design #AA26fl01584 139 Northeast First Avenus -elray Beach, Florida 33499 561-276-9951 Fax: 561-293-8189 www.csa-architects.c~m CUKKIE • SC)~A~DS • ~~L~ILA ~ AR~~~T~~TS Robert G. Currie. FAIA Jess M, Sowards, AiA Jose n. Aguila, AlA January 2$, 2010 Mr. Scott Pape, AICP Delray Beach Planning & Zoning Department 100 NW 1st Avenue Delray Beach, Florida 33444 Re: Putt'n Around Delray -Waiver Request 10' Landscape Setback Requirement Project No. 090901 Dear Scott: Please consider this our formal request for waiver as required per LDR Section 2.4.7(B} and as noted in your memorandum to TAC Members dated December 31, 2009 (item 1), regarding the 10' special landscape setback as referenced in LDR Section 4.3.4(IT)(6){b}{2). In reviewing the LDR's there is a conflict between the requirement for 10' landscaping and the front building setback requirement of a non residential use in the CBD area to be a minimum of 5' {Section 4.4.13(F}(4).2. The intent of this regulation is to bring the building edge to the street for a distance of 70% to 90% of the lot frontage. We have utilized architectural features to help offset this concern by proposing decorative walls and trellis to help create this `edge', therefore minimizing other waiver requests. Each wall is 16' long and two decorative walls are proposed for a total of 32' encroachment into the landscape setback. These walls have 5' x 5' openings that can be viewed thru to see the landscaping on the other side therefore maximizing the landscaping as well as keeping the intent of the Land Development Regulations. The proposed decorative wall and fence will encroach into this setback 4'-7" for a total distance of 32'. This represents the largest setback encroachment request within the 10' special landscape area. The granting of this waiver will not adversely affect the neighboring area; will not diminish the provision of public facilities; will not result in an unsafe situation; and will not result in granting of special privilege as this is a unique situation not affecting the public-at-large. Sincerely, CiJRRIE SDWARDS AGUILA ARCHITECTS Jess M. Sowards, AIA LEED AP Principal CC: Elise Johnson Tom Stanley, Esq. AIA FLORIDA FTRM OF THE REAR 21100 Architecture Planning Interior Design $AA260o1584 139 Northeast First Avenue Delray Beach, C1oTida 33944 551-276--9951 Pax: 551-243-8184 wsuw.csa-archiiecLS.com GU~I~ • S~~TARDS ~ ~~IJLR • AF~C~~TECfiS Robert G. Curr9e, AIA .Tess M. Sowards, AIA dose I~. Aguila, AlA January 28 , 2010 Mr. Scott Pape, AICP Delray Beach Planning & ZonirxJ Depart merit 10 0 NW ~` Avenue Delray Beach, Rarida 33444 Re: Putt'n Around Delray-11Liair~r Request Trellis Height Requirement Project No. 090901 Dear Scott Please consider t his our formal request for wraiver as required per t.DR Sect ion 2.4.7(B) and as noted in your me~r`iorandum t o TAC Members dated Decen~er 31, 20 09 {item 16 ), regarding t he t reilis height more t han fi' in a front set hack as referenced in LDR Sect ion 4.6.~(G}. This regulation requires t hat the maximum wall and t rellis h~ght in t he front set back be no more t han 6'. The primary purpose of t his decorative wall and t rellis is t o minimize t he lack of required building use and sat isfy t he building from age and height requirements as st at ed in Sect ion 4.4.13{FJ(1)(a} artd 4.4.130{4)(b)(i). The proposed t re[lis height is if-2" above grade resulting in a request for 5'-2 1/2' in additional height . The gram ing of t his v+,aiver will not adversely affect the neighboring area; veil not diminish t he provision of public facilit ies; will not result in an unsafe situation; and will not result in grant ing of special privilege as t his is a unique situation not affect ing t hepublic-at -large. sincerely, CURRIE SC~RDS AGUiIA AFICHITECTS Jess M. Sowards, AIA l_EED AP Principal Ct t=liseJo~nsnn Tom St anlc~r, Esq. AIA FLORIDA FIRM OF THE REAR 2000 Architecture Planning Interior Design #AA26001569 139 Northeast First Avenue Delray Seach, Florida 33949 561-276-9951 Fax: 561-293-8189 www.csa-architects.coni ~~TE PLAN ~EV~Ellfl~' AND APPEARANDE ~3C3ARD CITY OF QELRAY BEAGH ---STAFF' REPO~T~~^ MEETING DATE: February 10, 2sa10 AGENDA ITEM: v.A. ITEM: Class V Site Plan, Landscape Plan And Building Elevations Associated With The Construction Of A 3G-Hole Miniature Goff Course With A 3,542 Stiuare Foot Attendant Building Located On The West Side of NE 5~' Avenue, Between NE 3~t Street and NE 4th Street (350 and 362 NE 5th Avenue). GENERAL DATA: Own er_ ...................................... . Agent ......................................~-- Location ..................................... Property Size ............................. Future Land Use llllap................ Current Zoning----...................... Adjacent Zoning ...............North: East: South: West: Existing land Use .................... Proposed Land Use ................... Water Service------------------------- Sewer Service.......... .............., Cityscape PDC, LLG Jess Sowards, AIA Gurrie Sowards Aguila Architects West side of NE 5t" Avenue, between NE 3~ Street and NE 4th Street {350 and 362 NE 5th Avenue} 1.38 Acres Commercial Gore CBD (Central Business District} CBD CBD GBD CBD-RC (Gentral Business District ~- Rail Corridor} Vacant Construction of a 3B-hale miniature golf course with a 3,542 square foot attendant building Existing on site. Existing on site. V.A. The action before the Around Delray Beach following elements: Board is approval of a Class V site plan request for l~utt'n pursuant to LDR Section 2.4.5{F), The request involves the CJ Site Plan; D Architectural Elevations; © Landscape Plan; and O Waivers. The project is located on the west side of NE 5th Avenue, between NE 3~ Street and NE 4t~' Street {350 and 362 NE 5`~' Avenues. ......~ _....,..~. ~ ..:..~.~,_4_.~ ...... 4. ~ _ ~ - i M f ...5 ~ 1 ..._4 The project consists of Lots ~ through S, Blocic 97 of the Highland Park subdivision and is 1.38 acres in area. The property is currently vacant. At its meeting of February 1, 2005, the City Commission approved a conditional use for the subject property to construct a mixed use building with a height of 57 feet 6 inches. A# its meeting of April 5, 200fi, the Site Plan Review and Appearance Board approved the Class V site plan for the development that consisted of 75 residential units and 24,000 square feet of commercial floor area. The approval associated with these improvements have expired since they were never constructed. At "rts meeting of January 25, 2010, the Planning and Zoning Board considered the current development proposal fora 36-hole miniature golf course and recommended approval of the condi#ional use to the City Commission. At its meeting of February 2, 2010, the City Gommission approved the conditional use, subject to the following conditions; 1 _ Approval of a site plan by SPRAB that is in general conformance to the submitted sketch plan and addresses the "Exhibit uA" -Technical sterns" attached in the staff report; 2. That the durnpster enclosure gates be locked when not in use. 3. That a closed circuit television system be installed and monitored. The Delray Police Department conducted a OPTED {Grime Prevention Through Environmental Design) on this project, which is reflected in the conditions of approval regarding the dumpster enclosure and the video monitoring. The action now before the Board is approval of the site plan, landscape plan, building elevations, and recommendation of several waivers_ . SPRAB Staff Report Class V Site Plan, Building Elevations, Landscaping, and Waivers for Putt`n Arcund Defray Beach Page 2 The development proposal incorporates the following: - Construction ofi a 36-hole miniature golf course; - Construction of a 3,542 square foot attendant building; - Construction of a decorative picket fence; and - Construction of associated parking areas and installation of associated landscaping_ The development proposal includes waivers to the following sections of the Land Development Regulations: 1. A waiver to LDR Section 4.3.4(H)(6}{b}(2}, which requires a 10-foot special landscape setback along NE 5~n Avenue. 2. A waiver to LDR Section 4.C.'I S(B}(14}(iv){2), which requires that the minimum transparency or glass surtace area on the ground floor wall area of all non- residential and mixed-use buildings shall be a minimum of 75% of the wall area far that elevation. 3. A waiver to LDR Section 4.4.13{F)(4}(b)(1), which requires that a portion of the building comply with the building frontage requirements. 4. A waiver to LDR Section 4.4.13(F)(1){a), which requires that the proposed building provide a minimum height of 25 feet. 5. A waiver to LDR Section 4.4.13(F)(8}(c), which allows a maximum encroachment of 4 feet into the required setback for the proposed roof eave. 6. A waiver to L.DR Section 4.5.5(C), which allows a maximum height of 6 feet for walls, fences, or hedges in the required front yard. 7. A waiver to LDR Section 4.4.13(F}(1){c}, which requires a minimum floor to ceiling height of 10 feet far the ground floor and 9 feet for all other floors. COI~IPLIANCE 1IVITH 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. SARAB Staff Report Class V Site Plan, Building 1=levatians, Landscaping, and Waivers for Putt'n Around Delray Beach Page 3 Pursuant to LDR Section 2.4.7(B}(5), prior to granting a waiver, the approving body shall mare a finding that the granting of the waiver: (a) Shall not adversely affect the neighboring area; (b) Shat! 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. Special ~.andscape Setback: Per L.DR Section 4.3.4(H)(fi)(b}(Z), a 'i0-foat special landscape setback is required along NE 5}~ Avenue. This area is not required between the building and the right-of way. However, it is required from the building to the north end of the property- The proposed fence, pavilion, and golf course encroach into the required special landscape setback. The appiicant has submitted the following verbatim narrative in support of the waiver: "...ln reviewing the LDR's there is a conflict between the requiremenf for 10' landscaping and fhe front building setback requirement of a non residential ase in fhe CBD area fo be a minimum of 5' {Section 4.4.13(F)(4~.2. The infant of this regulation is to bring the building edge to fhe street for a disfance of 70% to 9(31 of the lot frontage. INe have utilized architectural features fo help offset this concern by proposing decorative walls and trellis to help create this `edge; therefore minimizing other waiver requests. Each wall is 16' long and two decorative walls are proposed for a total of 32' encroachment into the landscape sefback. These walls have 5' x 5' openings that can be viewed thru to see the landscaping on the other side therefore maximizing the landscaping as well as keeping fhe intent of the Land Development Regulafivns. The proposed decorative wa!# and fence will encroach into this setback 4'-T" for a total disfance of 32'. This represents the largest setback encroachment request within the ~0' special landscape area- The granting of this waiver will nvf ad~rerseiy affect the neighboring area; will not diminish the provision of public facilities; will not result in an unsafe situation; and will not result in granfing of special privilege as this is a unique si#uation not affecting the public-at-large..." Waiver Anal~sRs: It is noted that the proposed use was not envisioned for the subject property when the Downtown Design Guidelines were crafted. These reguCations envisioned a neo- traditional urban design that encourage developmnn# in the pedestrian scale. This SPRAB Statf Report Glass V Site Plan, Building Elevations, Landscaping, and Waivers for Putt'n Around Delray Beach Page 4 same sentiment also applies to the waiver associated with the building frontage. However, it is noted that the subject property is located within the third block north of Atlantic Avenue and the nature of this area does not share the characteristics such as Pineapple Grove Way or Atlantic Avenue. The SPRAB has supported similar waivers (office DepotfCVC Pharmacy) for developments within the CBD zoning district that share similar circumstances in recognition of these properties that are outside of the immediate downtown areas. Accordingly, a positive finding with respect to LDR Section 2.4.7(B)(5), Waiver Findings can be made. Building Setbacks: The following table indicates that portion of the development which does not carnply with LDR Section 4.4.'l3(F)(4) of the Central Business District (CBD) zoning district: ~_ _ -_ _ _ w ~. Y ____._ _ ~ . T - ~ i d .. ~~ _ s_ _ ~ ~ ~~"#a a.~~~~: rots _ . ~~ - ~ -,~tl~i. ~' --w-s- ~~. ~r~en -~~= ~ ~ , -_ z tea ~~,, - ~"ca;s -~ -~----rte ~-t~s~-.cam _ ... ~ _ x~ - _ - _ _ _ -_ __ ~ s:. ~~d~~~t:.-- ~ ~---_---~--•~-= Ground ~ 7a.ss• 76% ~~ ~:. --~ Floor to , minJ9p% ~ minf90' minJ22~4 X40 66' = ~ 37' . max. mom' SS' max. . ~~~ The applicant has submitted the following verbatim narrative in support of the waiver: "...This regulation t~quires that 74% to 30% of the building frontage shall be no greafer than 13' from the property line. The intent of fhe land development regulations is to provide an `edge' to the street. This project does not have enough building program fo provide this desire. We have utilized architectural features to help offset this concern by proposing decorative walls trellis and fencing to help create this `edge', therefore minimizing this waiver request, The proposed building percentage is 13.5% and the site walls are 72.4% for a total of 31.3%. Therefore, we are requesting a reduction of 38.1 % j7o - 39.3) to this regulation. The granting of this waiver will not adversely affect the neighboring area; will not diminish fhe provision of public facilities; will not result in an unsafe situafion; and will not result in granting of special privilege as this is a unique situation not affecting the public-at-large. _." Waiver Analysis: As noted in the waiver associated with the special landscape area, the proposed development was not envisioned/accommodated when the Downtown Design SPRAB Staf€ Report Class V Site Plan, Buitding Elevations, Landscaping, and Waivers for Putt'n Aroand Delray Beach Page 5 Guidelines were created. The property is located out of the immediate downtown commercial area and is disconnected from pedestrian environment that would otherwise warrant the continued building frontage. The City has supported similar waivers for properties outside of the immediate downtown area. Accordingly, a positive finding with respect to LDR Section 2.4.7{B){5), Waiver Findings can be made. Buitding Height: Per LDR Section 4.4.13{F)(1)(a), overall height of buildings shall be a minimum 25 feet and a maximum of 48 feet. The proposed attendant building does not comply with the minimum height since a height of 17 feet 2 inches is proposed. The applicant has submitted a waiver request from the required building height. The applicant has submitted the following verbatim narrative in support of the waiver: "...This regulation requires that the minimum building height is to 25' to the mean r©of_ The primary use of fhis site is a miniature golf course with an attendant building that is a primary control center for the golf course. nth such little building prr~gram reaching fhis height would not be in proportion for the Old Florida Style architecture. The proposed building height is 77''-2" which woufd represent a reduction of 7=~0" height differential. The granting of this waiver will not adversely affect the neighboring area; wil3 not diminish fhe provision of public facilities; will not result in an unsafe situation; and will not result in granting of special privilege as this is a unique situation not affecfing the public-at-large..." Waiver Anatysis- The purpose of this requirement is to ensure consistent development with the existing built environment along Atlantic Avenue, which are predominately two-story buildings. However, as explained with the special landscape area and building frontage waivers, the subject property is located outside of the immediate downtown area. The existing character of this area is lower buildings such as the single story gas station and former funeral home to the north and south. Thus, given the context of the built environment, the proposed attendant building with a lower height would not be inconsistent with the surrounding properties. Accordingly, a positive finding with respect to LDR Section 2.4.7(B}{b), Waiver Findings can be made. Roof Eave; Per LDR Section 4.4.13{F){8){cj, roof eaves are allowed to encroach up to a maximum of 4 feet into the required setback. The propased roof eave encroaches ~ feet into the required setback along Federal Highway. The applicant has submitted a waiver request tram this requirement. The applicant has submitted the following verbatim narrative in support of the waiver: SPRAB Staff Repork Class V 5i#e Plan, Building elevations, Landscaping, and Waivers for Putt'n Around Delray Bead Page 6 "...This regulation requires that the maximum eave encroachment info the front setback be no more than 4'. Pursuant fa LQfZ Section 4.4.93(Fj(4j buildings are to be constructed within 5' to 90' of the front property line. The proposed building location is 6' from the property line with a 6' overhang that would act similar fo that of an arcade building. This is also in keeping with the Old Florida Vernacular architectural style. The proposed eave overhang info the setback is 5' WhrCh Creafes a request fora 1' additiona! overhang into the fronf setback. The granting of this waiver will not adversely affect the neighboring area; will not diminish the provision of public facilities; wi#1 not nesuft in an unsafe situation; and will not result in granfing of special privilege as this is a unique situation not affecting the public-at-large...,' Wainer Analysis: It is noted that City currently allows the encroachment of canopies, marquees, and covered walkways to extend into the public right-ofi way per LDR Section 6.3.4 subject to approval by the Chief Building Official and applicable agreement. The purpose of allowing this encroachment is to provide protection to pedestrians from the elements. The only material difference between #hese architectural treatments is that the roof eaves are an integral part of the principal structure. The maximum encroachment of roof eaves elsewhere in the Gity is 2 feet. The intent of allowing a greater encroachment in the CBD is to allow greater protection from the elements and architectural flexibi[ity_ Since the roof eave is located within the private property, there will be no impact on surrounding private properkies if the waiver were to be approved. Accordingly, a positive finding with respect to LDR Section 2.4.7(8}(S), Waiver Findings can be made. l=ance Height: Per LDR Section 4.6.b(C}, a maximum height of 6 feet is required for walls, fences, or hedges in the required front yard. The proposed fence/trellis along Federal Highway is 11 feet 2.5 inches high. The applicant has submitted a waiver request from this requirement. The applicant has submitted the following verbatim narrative in support of the waiver: "...This regulation requires that the maximum wall and trellis height in the front setback be no more than 6'. The primary purpose of this decorative wall and trellis is to minimize the lack of requiraed building use and satisfy fhe building frontage and height requirements as stated in Secfi©n 4.4.?3(Fj(9)(aJ and 4.4.93{Fj(4j(bj(9). The proposed trellis height is ? 9'-2" above grade resulting in a request for 5 =~2 %" in additional height. The granting of this waiver will not adversely affect the neighboring area; will oaf diminish the provision of public facilities; wilf nnf result in an unsafe SPRAB Staff Report Class V Site Plan, Building Elevations, Landscaping, and Waivers for Putt'n Around Defray Beach Page 7 situation; and will not result in granting of special privilege as this is a unigue situation not affecting the public-at large..." 1#Vaiver Analysis; In the case of the Office DepotlC~S project at the intersection of George Bush Boulevard and the Federal Highway pairs, the SPRAB approved relief from the building frontage requirements, in part, based on the provision of a similar fenceltreliis system. it is noted that the majority of the fence is 6 feet high wifih two wallltrellis lectures that are 15.5 feet wide. These features provide a break to the picket fence and add interest to the streetscape of the project. Accordingly, a positive finding with respect to t_DR Section 2.4.7(B)(5), Waiver Findings can be made. Minimum Flovr Height: Per I_DR Section 4.4.13(F)(1)(c), the minimum floor height is 10 feet for the ground floor and g feet for all other floors. The proposed attendant building provides a ground floor height of 12 feet 8 inches and 7 feet for the upper floor. The applicant has requested a waiver from this requirement for the upper floor. The applicant has submitted the fallowing verbatim narrative in support of the waiver: "...This regulation requires that the minimum floor height for the ground floor is to ~0' floor to ceiling and all other floors are to be a minimum of 9'. The LDR's have exceptions to fhe heights as related fo the uses for auxiliary and service roams. The majority of the ground floor roams meet this exception. The Lobby is the remaining space and is a double height space with a sloping ceiling ranging from 12'-8" to 22 =6". The second floor will be utilized as a single office area wifh associated files not for public access and this fov has sloping ceilings with dormers that have all varying ceiling heights. The second floor ceiling heights range from T to ~ 1' which is an average ceiling height of 9 The proposed lowest occupiable second floor ceiling height is ?' which would represent a reduction of 2' heighf differential. The granfing of this waiver will not adversely affect the neighboring area; will not diminish the provision of public facilities; will not result in an unsafe situation; and will not resulf in granting of special privilege as this is a unique situation not affecting the public-at-large..." Waiver Analysis: As noted in the applicant's justification statement, the upper floor does not meet the minimum floor height due to the design of the building. It is reasonable to grant the waiver based on the fact that the upper Hoar exceeds the minimum height for a large portion of the floor area. Accordingly, a positive finding with respect to I_DR Section 2.4.7(8)(5), Waiver Findings can be made. SPRAB Staff Report Class V Site Plan, Building Elevations, Landscaping, and Waivers For Putt'n Around ©eEray Beach Page 8 Right-of-Way Dedication: Pursuant to LDR Sections 5.3.1 (A) and {D} and Table T-1 of the Comprehensive Plan Transportation Element, the following table describes the required rights-of-way and the existing rights-off way adjacent to the subject property: Right-of Way Required Existing Required Dedication NE 5 Avenue 60' 6Cl' 0' Alley 2g'or dominant 16' 4' width Pursuant to LDR Section 5.3.1 {D)(4), a reduction in the required right-of-way width of existing streets may be granted by the Gity Engineer upon favorable recommendation from the Development Services Illlanagement Group (DSMG}. The City Engineer and DSMG considered the existing right-of--way for the alley and required the dedication of 4 feet. These dedications have been accommodated with the layout of the project. A condition of approval is attached that aright-ofi way deed for the alley be submitted and recorded prior to certification of the site plan. Side Interior Setback: Per LDR Section 4.4.13(F}(5)(a), a zero-foot setback is required along the south and north sides of the property. The proposed development complies since a setback of 70 feet is provided on the south side of the property and 131 feet on the north side of the property for the attendant building. Parking Requirements: LDR Section 4.6.9(C}(6}(h}, miniature golf courses are required to provide 1.5 parking spaces per hole. Therefore, the 36-hole miniature golf course is required to provide a minimum of 54 parking spaces. The proposed miniature golf course complies with the City's parking requirements since 54 parking spaces are provided. Open Space. Per LDR Section 4.4.13(F}(2}, a minimum non=vehicular open space of 10% is required for the subject development. The proposed development complies with this requirement since an open space of 31 °1° is provided. Lighting: A photometric plan has been submitted for the parking and pedestrian areas together with the golf course within the development. The required illumination for the parking area is a maximum of 12 foot candles and a minimum of 1 foot candles. The proposed SPRA6 Staff Report Class V Sife Plan, Building EEe~ations, Landscaping, and Waivers far Puft'n Around E]elray Beach Page 9 illumination of the parking area complies with the City's illumination standards since a maximum of 7.8 foot candles and a minimum of 1.1 foot candles is proposed. The required illumination far the building entrance is a maximum of 10 foot candles and a -minimum of 1 foot candles. The proposed photometric plan complies with this standard since a maximum of 8.5 foot candles and a minimum of 2.b foot candles is proposed. In terms of the gaff course the City's illumination requirements are subject to those afi the latest edition of the IESNA (Illuminating Engineering Society of North America) lighting handbook. A technical item is attached That a note be added to the photometric plan that certifies that the proposed illumination of the gaff course complies with the latest edition of the IESNA lighting handbook, Technical Items: While the revised site plan has accommodated mast of the staff concerns the f©Ilowing items remain outstanding, and witl need to be addressed prior to certification of the site plan unless as otherwise rioted. 1. That the applicant contributes to the Federal Highway Beautification program prior to issuance of a building permit in accordance with direction by the City Engineer. 2_ That a Hate be added to the photometric plan that indicates that the illumination of the golf course complies with the latest edition of the IESNA lighting handbook 3. That all preliminary engineering technical comments are addressed per the direction of the City Engineer. f The City`s Senior Landscape Planner has reviewed the proposed landscape plan and found that it substantially complies with LDR Section 4.6.1fi. The proposed landscape plan provides an extensive variety that consists of Alexander Palms, Christmas Palms, Paurotis Palms, Gumbo Limbo trees, Beautyleaf trees, Areca Palms, Green Malayan Coconut Palms, Geiger trees, East Palatka Holly trees, Jatrapha, Ligustrum trees, Southern Magnolia, Live Gak trees, Sabal Palms, Glacous Cassia, Florida Thatch Palms, Copperleaf, Variegated Ginger, Marlberry, Bougainvillea, Bahama Cassia, Cocoplum, Pitch Apple, Mammey Croton, Blueberry Flax Lily, Gold Mound, Fakahatchee Grass, Green Island Ficus, Firebush, Lobster Claw, Florida Anise, Simpson's Stopper, Passion Flower, Podocarpus hedge, Myrsine, Lady Palm, Variegated Trinette, and Sweet Viburnum. Pursuant to ~.DR Section 4.8.18~E), the following criteria shall be considered, by the Site Plan Review and Appearance Board, in the review of plans for building permits. If the following criteria are Hat met, the application shall be disapproved_ SPRAB Staff Report . Glass V Site Plan, Building Elevafians, landscaping, and Wasters for Puft'n Around Delray Beach Page 10 a) The plan or the proposed structure is in conformity with goad taste, good design, and in general, contributes to the image of the City as a place of beauty, spaciousness, harmony, taste, fitness, broad vistas, and high quality. b) The proposed structure, or project, is in its exterior design and appearance of quality such as sat to cause the nature of the local environment or evolving environment to materially depreciate in appearance and value. c} The proposed structure, or project, is in harmony with the proposed developments in the general area, with the Comprehensive Plan, and with the supplemental criteria which may be set forth for the Board from time to time. The attendant building is an eclectic interpretation that includes a standing seam metal roof, dormers, Boston hip roof with fish scale siding, and horizontal former stucco siding. The primary wall color will be Sumptuous Peach with Ash Violet accents. The soffit will be painted Something Blue. The fascia, windows, columns, and doors will be painted white. While the architecture is an amalgam of styles, the balance and rhythm of the building is aesthetically pleasing and tasteful. Based on this a positive finding can be made with respect to 4.6.98(E). < ... ~. - Facade Transparency: Per LQR Section 4.6.'18(~)(14)(iv}(2}, the minimum transparency ar glass surface area on the ground floor wall area of all non-residential and mixed-use buildings shall be a minimum of 75% of the wolf area for that elevation. All storefronts or glass areas abutting the street shall be transparent, non-solar or non mirrored, and have a light transmission reduction of no more than twenty percent (2D°/a}_ The proposed building does not provide the required transparency since only 99.7% is provided. The applicant has submitted the fallowing verbatim narrative in support of the waivers: "...The architecture of the attendant building is an Old Florida Vernacular that has appropriate traditional style windows. We have maximized the amount of window area allowed between the structural columns while mainfaining the architectural vocabulary. We are requesting a relief from the minimum transparency of glass surface of 75~o an the ground floor area pursuant fa LC)R Section 4.6.78 (BJ(74~{ivj{2). The proposed transparency is 79.7% resulting in a request of 55.3 reduction of transparency glass surface. The granting of fhis waiver will not adversely affect the neighboring area; will not diminish the provision of public facilities; will no# result in an unsafe sifuafion; and will not result in granting of special privilege as this is a unique situation sat affecting the public-ai-large...,, SPRAS 5ta#t Report Glass V Site Pian, Building Elevations, Landscaping, and Waivers for Putt'n Around ©eiray Beach Page 11 Waiver Analysis: The purpose of the window transparency requirement is to provide "window shopping" opportunities for pedestrians. This results in a pedestrian friendly environment that encourages people to continue along the street, which is a goal of the Downtown Design Guidelines. However, the subject property is not in a location that has that relationship to the core commercial area of the downtown. The SPRP,B has approved similar waivers such as Pediatrics by the Sea based ort this reasoning. Accordingly, a positive finding with respect to LDR Section 2.4.7{B)(5),11Vaiver Findings can be made. 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, 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 f=uture Land Use Map and Comprehensive Plan Consistency, Cancurrency, and Compliance with the Land Development Regulations. At its meeting of February 2, 209(1, the City Commission made positive findings with respect to the Future Land Use Map, Comprehensive Plan Consistency, and Concurrency provided conditions of approval are addressed. REQUIRED FINDINGS Cha ter 3 Pursuant to LDR Section 3.1.1 (Required Findings), prior to the approval of development applications, certain findings must be made in a form which is part of the official record. This may be achieved through information on the application, the staff report, or minutes. Findings shall be made by the body, which has the authority to approve or deny the development application. These findings relate to Future Land Use Map Consistency, Cancurrency, Comprehensive Plan Consistency and Compliance with the L©Rs as noted below. Section 3.1.1 (A) -Future Land Use Map: The subject property has a Future Land Use Map designation of CC (Commercia! Core} and is zoned CB^ (Gentral Business District}. The CBD zoning district is consistent with the (CC} Future Land Use Map designation. Based upon the above, positive findings can be made with respect to consistency with the Future Land Use Map. Section 3.1,1.(8) -Concurrency: As noted previously, the City Commission made a positive finding of Concurrency with respect to water and sewer, streets and traffic, drainage, parks and recreation, open space, solid waste, and schools. SPRAB Stat# Report Class V Site Plan, Building elevations, Landscaping, and Waivers for Putt`n Around Delray Beach Page 12 Section 3.1.1 G - Consistent Standards for Site Plan Actions As described in Appendix A, a positive finding of consistency can be made as it relates to Standards for Site Plan Actions_ Section 3.1.1 fD) -compliance With the Lana, Development Re~ula#ons, As described under the Site Plan Analysis of this report, a positive finding ofi compliance with the 1_DRs can be made, when all outstanding items attached as conditions of approval are addressed. Comprehensive Plan Policies: A review of the objectives and policies of the adopted Comprehensive Plan was conducted and the fiollowing applicable ob}actives or policies were noted: Future Land Use Element tab"active A-1: Property shall be developed or redeveloped in a manner so that the future ese and intensity is appropriate and complies in terms of soil, topographic, and other applicable physical considerations, is complimentary to adjacent land uses, and fulfills remaining land use needs. There are no special physical or environmental characteristics of the land that would be negatively impacted by the proposed miniature golf course. The development will be complimentary with the surrounding commercial developments and provide a family oriented recreational opportunity within the downtown. Future Land Use Element ©b'ective C-4: The Central Business District tCBD) represents the essence of what is Delray Beach i.e. a "village like, community by the sea". The continued revitalization of the CBD is essential to achieving the overall theme of the City's Comprehensive Plan of "A City Set Apart In South Florida". The following policies and activities shall be pursued in the achievement of this objective. Palicy C-4.1: The CBD zoning district regulations shall facilitate and encourage rehabilitation and revitalization and shall, at a minimum, address the following: to Deletion of inappropriate uses; ^ Incentives for locating retail on the ground floor with office and residential use on upper floors; ^ Accommodating parking needs through innovative actions; ^ Incentives for dinner theaters, playhouses, and other family oriented activities; © Allowing and facilitating outdoor cafes; © Incentives for mixed use development and rehabilitation; ^ Elimination of side yard setback requirements; and SPRAB Staff Report Class V Site Plan, Building Elevations, Landscaping, and WaNers for Putt'n Around Delray Beach Aage 13 © Allow structural overhang encroachments into required yard areas. The intent of the CBD district regulations are to facilitate the development of the downtown with a mix of uses, which include pedestrian-oriented retaillrestaurant activities on the ground floor (particularly along Atlantic Avenue) and office and residential uses on the upper floors. The proposed miniature golf course was not envisioned when the Downtown Design Guidelines were created, which explains the need for multiple waivers from the development regulations. However, the use will bring a family oriented recreational opportunity to the downtown. Transportation Element Policy ©-2.2: Bicycle parking and facilities shat! 6e required on all new development and redevelopment. Particular emphasis is to be placed an development within the TCEA Area. The development proposal provides a decorative bicycle rack along the east side of the proposed building. Based on the above, this policy has been met within the proposed development. Section 2.4.5 (F)(5) ~ Compatibility (Site Plan 1=indinps): The approving body must make a finding that development of the property pursuant to the site plan wi[I be compatible and harmonious with adjacent and nearby properties and the City as a whole, so as not to cause substantial depreciation of property values. The subject property is bordered to the north, south, and east by CBD and CBD-RC (Central Business District -Rail Corridor) to the west. The surrounding uses are a gas station to the north, vacant funeral home fio the south, office uses to the east, and warehouses to the west on the west side of the FEC Railroad right-of-way. The proposed miniature golf course will not be incompatible to the surrounding uses. These uses operate primarily in the daytime as opposed to the evening and weekend peak times of the miniature golf course. The low intensity of the proposed use will not cause substantial depreciation of properly values to these surrounding properties. Corrrmunity Redevel,_„pmertt Agency (CRAB At its meeting of January 14, 2010, the CRA reviewed the conditional uses request and recommended approval of the miniature golf course. Downtown Develo meat Authorrt At its meeting of January 11, 2010, the DDA feviewed the conditional use request and recommended approval of the miniature golf course. SPRAB Staff Repart Class V Site Plan, Building Elevations, Landscaping, and Waivers for Putt'n Around Delray Beach Page 14 Courtesy Notice: Courtesy notices have been provided to the following homeowner's associations and interested parties, which have requested notice of developments in their areas: - Jerry Franciosa, Progressive Residents of Delray (PROD} - Palm Trail HOA - Seacrest HOA - La Hacienda H4A - Delray Beach Chamber of Commerce - Neighborhood Advisory Council The Gity has received the two attached lettersle-mails expressing concerns with the proposed development_ Any further letters of objection and support to the site plan will be presented at the SPRAB meeting. The site plan request is to allow a miniature golf course in the in the CBD zoning district. The proposed use will provide a low intensity family-oriented recreational facility within the downtown area. The proposed development will have an insignificant impact on the adjacent uses. The proposed development 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 2.4.7(8}(5}[Waiver Findings] and Section 2.4_a(F}(5) regarding compatibility of the proposed development with surrounding properties. _ ~~~ A. Postpone with direction. B. Move approval of the request for waivers, Class V site plan, landscape plan, and architectural elevations for Putt'n Around aelray Beach, by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.7(B)(5), Section 2.4.a(F)(5}, and Chapter 3 of the Land Development Regulations, subject to the attached conditions of approval. C. Move denial of the request for waivers, Class V site plan, landscape plan, and architectural elevations for Putt'n Around aelray Beach, by adopting the findings of fact and law contained in the staff report, and finding that the request is inconsistent with the Comprehensive Plan and does not meet criteria set forth in Section 2.4.7(B)(5}, Section 2.~.5(F}(5), and Chapter 3 of the Land Development Regulations. SPRAB Staff Report Class V Site Plan, Building Elevations, Landscaping, and Waivers for PutPn Around Delray Beach Page 15 By Separate Motions: Waivers: 1. Recommend to the City Commission approval of a waiver to LDR Section 4.3.4(H}(8}(b)(2), which requires a 10-foot special landscape setback along NE 5#'' Avenue based on positive findings with LDR Section 2.4.7'(8)(5). 2. Recommend to the City Commission approval of a waiver LDR Section 4.C.18(B)(14)(iv}{2}, which requires that the minimum transparency or glass surface area on the ground floor wall area of all nonresidential and mixed-ease buildings shall be a minimum of 75°/n of the wall area for that elevation based on positive findings with LDR Section 2.4.7{B)(5}. 3. Recommend to the Gity Gommission approval of a waiver to LDR Section 4.4.13(F}(4)(b}(1}, which requires that a portion of the building comply with the building frontage requirements based on positive findings with LDR Section 2.4.7(6}(~i}. 4. Recommend to the City Commission approval of a waiver to LDR Section 4.4.13(F)(1)(a), which requires that the proposed building provide a minimum height of 25 feet based on positive findings with LDR Section 2.4.7(6}(5). 5. Recommend to the City Commission approval of a waiver to LDR Section 4.4.13(F)(8}(c}, which allows a maximum encroachment of 4 feet into the required setback for the proposed roof save based on positive findings with LDR Section 2.4.7(6}{5}. 6. Recommend to the City Gommission approval of a waiver to LDR Section 4.6.5(C), which allows a maximum height of fi feet for walls, fences, or hedges in the required front yard. 7. Recommend to the City Commission approval of a waiver to LDR Section 4.4.13(F)(1)(c}, which requires a minimum floor height of 10 fleet for the ground floor and 9 feet for all other floors. Site Plan: Approve the request for a Class V site plan for Putt'n Around Delray Beach, 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(F)(~), and Chapter 3 of the Land Development Regulations, subject to the following conditions: SPRAB Staff Report Class V Site Plan, Building ~lavatians, landscaping, and Waiuers for Putt'n Around Delray Beach Page 16 '! . Address all Site Plan and Engineering Technical Items and submit faun {4) copies of the revised plans. 2. That the dumpster enclosure gates be locked when not in use. 3. That a clased circuit television system be installed and monitored. 4. That aright-af way deed for the alley be submitted and retarded prior to cerfification of the site plan. Landscape Plan: Approve the landscape plan fior Putt'n Around Delray Beach based on positive findings witY~ respect to Section 4.6.16 afi the Land Development Regulations, subject to the condition that all that all Landscape Technical Items are addressed and three (3) copies of the revised plans are submitted. Elevations: Approve the proposed elevations far Putt'n Around Delray Beach based an positive f ndings with respect to LDR Section 4.6.1$i;E). Attachments: • Site Plan • Architectural Elevations • Landscape Plan • Letters of concern Report prepared by: Scott D, Pape, AICP, Senior Planner A. Building design, landscaping, and lighting (glare) shall be such that they do not create unwarranted distractions or blockage of visibility as it pertains to traffic circulation. Not applicable Meets intent of standard X Does nat meet intent B. Separation of different forms of transportation shall be encouraged. This includes pedestrians, bicyclists, and vehicles in a manner consistent with policies found under Objectives D-1 and D-Z of the Transportation Element. Nat applicable Meets intent of standard X ©aes not meet intent C. Open space enhancements as described in Policies found under Objective B-'1 of the Open Space and Recreation Element are appropriately addressed. Nat applicable x Meets intent of standard Does nat meet intent ©. The City shall evaluate the effect #hat any street widening or traffic circulation modification may have upon an existing neighborhood. if it is determined that the widening or modification will be detrimental and result in a degradation of the neighborhood, the project shall not be permitted. Nat applicable Meets intent of standard X Does not meet intent E. Development of vacant land which is zoned for residential purposes shat! be planned in a manner which is consistent with adjacent development regardless of zoning designations. Nat applicable X , Meets intent of standard Does not meet intent F. Praperty shall be developed or redeveloped in a manner so that the future use and intensity are appropriate in terms of soil, topographic, and other applicable physical considerations; complementary fio adjacent farad uses; and fulfills remaining land use needs. Nat applicable Meets intent of standard X Does nat meet intent G. Redevelopment and the development of new land shall result in the provision of a variety of housing types which shall continue to accommodate the diverse makeup of the City's demographic profile, and meet the housing needs identified in the Housing Element. This shall be accomplished through the implementation of policies under objective B-2 of the Housing Element. Not applicable X Meets intent of standard Does not meet intent H. The City shall consider the effect that the proposal will have on the stability of nearby neighborhoods. Factors such as noise, odors, dust, fraffic volumes and circulation patterns shall be reviewed in terms of their potential #o negatively impact the safety, habitability and stability of residential areas. If it is de#ermined that a proposed development will result in a degradation of any neighborhood, the project shall be modified accordingly yr denied. Not applicable Meets intent of s#andard X Does not meet intent 1. Qevelopment shall not be approved if traffic associated with such development would create a new high accident location, or exacerbate an existing situation causing it to become a high accident location, without such development taking actions to remedy the accident situation. Not applicable Meets intent of standard X Does not meet intent J. Tot lots and recreational areas, serving children from toddler to teens, shall be a feature of all new housing developments as part of the design to accommodate households having a range of ages. This reciuirement may be waived or modified for residential developments located in the downtown area, and for infill projec#s having fewer than 25 units. Not applicable X Meets intent of standard Does not meet intent Jan~± 18,_~[~:10 Mrs Scott Pape ?fanner .. _.. Pl~€~ii~.i~g.atid:Zo: I?e~e~.#~ t~:~i~e ~ity::k~afl. _ l0U 1~TVV i~ 1~Yeiu ~belray.F3~acii ~'lt~rftl~.3:~4~f4 ~Ptitt'h.Att~'it1~-De~gy~~li .llear~ ~lr: ~~'e, ._ - M T#sank,youfior~yEi~r;t~trt~ ~day~ii~1're ... ~o::~~ abri~r~ '[? tca#~an . ~~ a~ ©~.: s.~:.; ~.am ~ lcaruc sex ~t°.iinit ~T2t~ ~'iiieappl~. ~ve;~~V'~tila~e: I ain ~ t+o the ~ppttv~l;d~ : ~onthtional u~e.pe7rxnit f~s~ the<1?u~t?i~..A~u~id. D~lra~r, $eavh:r~iii~i~tii~+~f~:~ty ~r the. fcall~~ving rensat~s; 1. T,~sfug tie ~erty a~ a~~iae~tre gol~facz~i~r=is;~e~ntiChcs~s c~~~a~_s~rong ~r~,n ~ar~ a~saoratedv~nth:~ ~~n#~ ~asin~ss L~~st~c~:(~~D). The ~a~ to ~l~r~rs ~x-hcatd o~'~ a I~ ~ a~rn ~nerr~ hearc~'nf a city ~iat~ tvattld'$llo-vv°tl~s ~ t~~ir: ~:. .. ..: ;. .. - _ 3_ 'I`he~c~aYrcnt;~nn'mxc c~~raate r~a~°nncke~th~~ a~~sn~urt~.ty-(fio add ~aclc ta~.t~e base} sum la:e az~ a~~iv~ altexn~#ive.fio t~~ c~rreri~. staCe ii~'~ t.~ie,prnpe. icy: Tb~$ is ~. ~cr3~ shorts~te~ ~~~~ f'ar. ~e °xrc t~~.~thi~: g~`ope~rty.~ As ~l~ners a~ii. ettizens;_ rv~:~n~~t ~.-and-~iaye:_~ v~s.~an ~~r ~e~. fitter ciToux;co~~u~3': Only„ ~~ t~lQ~k ~v~'ay is:resrrfes~ti~f r,~ridoxn~n~t~s A,~ the ecir~am~r terns art~uz~d; 'grid c~iir~i~ii.~ibt~: ~g~s a~aix~: thzs; ~axo~~t will b~.;ss~~-~~t~ t~~ ~e iii ~iut<af character with the po~er~fia~ o~ a mixed use piro~eets t>r t~sidential projects tf~st wilt ..., .. riaost likely Vie` buFft iii ad,~eitfi p~ crlfe~ties: 'The reatity is ~ putt ,.pti#k:,gvf~ C.p~rse: .: s~mgly:does ~at.repr~s~~-t~~ht~est, and bit use v~ khis pr4pexty. ~1.: `T3~e ~se~of~is.Frapezt3'~~.amittzature.gni~~~',r~ilt3~ w~: crea#e a ~i~~d:zcine ~,nd; c~sco~i-a~~.:p~d~strxait tzac that cueiatly tz~:ve~s tc~ ax-~1 from tlao-girbc~ry S~OrC aud~e drug=s.:~n the~ar~aeeiit f~loek. . ,5. T~Ze prapc~sed~u~e.:vyi~l~ create zi4~ ~??to ti~~Ia~e ~y~niiig~aid distil cturerit .... resz~e~atial buildings .:1t: wi1l~~rnt~st~ ~i~y ~t~atve~y a~"e~: lhe: potenfia~l. p#~. zestde:~~a1 tmif~::io ~~ ~~lt ozz. a~l3aceri~ p~ap~r~ate~s. T,i#~~~Fpr~, tie ~ar~posed ~s~ = cr~at~~ a ~arclsli~~ b~`~e st~xciun~i~ig ~rii~i~ert~~s. It dee~eases ~+aa~e ~d° crea#~s~a~a e~viro~itent that does. i~c~t pronio~.the b~ilding::crf commt~ty. 'f: Tie prti~oseti use• will incneas~ cartr~~vei to ~e ~ite~whiehwn crate add~l~artat~ . ... air. goila~ i~a.t~~.~x~arby a ~n~3 p..ut the au~t~pedestria3a eodor a~:rt~~:.'I'liis usell e~datlger Elie ~i~.lt~, ~~£~y'~d~ vv~~~ar~ ~r~he.pu~lic .. T, The pat~ri~:~i3t~i~ mill iiicrc tic Hea~Isla~~l ~'ect as ~e~ a:s: creating„rain i~vater`: iuii~~~ q~a~.triy'an ~ciua~r~y proi~ms. -... ... . 8: Even it"tYi~ P'k~g a~~ azte lglits ~ee~e~nt ~it~ sd~urds, tie ~ii~ber a~f 1i~hts.:reciiizxed .ta:~utriin~~e the, ~~l~.s gad bi~x~iug at rigttG wi1~ ~-ave :a r~egat~v'e~ .. ~~ect t~~ sur~~~ resY~~nt~al. pro~~cts.: ~~caitse ~af tiie~ co~cenirat~c~i.cif•:die: ~.~ts,: t:~il crew :Iiglif ~litrtiou. :.9.~ ~c prp~tised.~`u~e:i~ a l~~~ler~sity 'ci~ixiriaereial ~~ z~~t ~f c~~r~ac~er wi~~x-curne~t and:•pcittai end ~s~s::~x~ t-si,~~c;ez~L:,p~rupe~~~s €. X0. A~lrsci~~ ~f this aP'~~i~al~lott'W~I~:~et~ ~.d~nge~ns:.ped~~#:our~~ccxm~~niEi~ ~'11~ ~~gr~t. ~'.1.. ~4 c1~Td at:-a.rr~iniatcu~ gs~~°:~~cili~y l,~cei~t ta~:a; rail'~y~~~aa;- dc~pxte ~e ~reser~ce ~~ is vv~, creafes a. ~Ienr ~aYiii• ~rezat.:d~g~r: Tik, ~ou.ftir ~#nis.cp~rtity~ t~ e~mmant an t~e;n~t~:o~ rc~ncitional:us~ .~tot~ce::#~ 20 ~.O~U47, ~~ ~ct~iysu ' 'tt~d Page 1 of 1 Pape, Scott Frarrr: tnpspeaker~a aol.com Sent: Thursday, January 21, 2010 10:16 AM 70: Pape, Scntt Cc: roi@c2ldanon.com; scott@dannnmanagement.com; mlgray@bellsouth.net Subject: Public Notice # 201©-047 fVlr. Scott Pape, Planning and Zoning; l received a public entice from your office (2010-047) alerting me to a hearing concerning a miniature golf course on Federal Highway between NE 3rd & NE 4ih Streets. Seems to me that our area is already competing between residential and commercial use. if the commercial establishments "support" our residentia! needs, fine. Otherwise 1 am opposed on the basis of noise, traffic congestionT and lighting-all of which have reached their sensible limits. Thank you for the opportunity to express my concerns. Terry C. Smith 2a0 ~lE Third Ave, #216 pelray Beach, FL 33444 1!2112410 LI..1 ~ ~ 'V aS ~ s x ~~ N ¢ a~ ~~~~~ 9 ~ ~ ~ ~onz/SZ/tx ssn ~~~ouia~n~ z r ~~ ~~ .$ ~~~~s ~'6 6 ls 1 ~~l~#! t@~~tl 9E319!$~b ggryry e ^ ea ~146~~ ~ n ~ ~ ~~ iii ~ q nao 9F oRo ~ ~~n ~ x ~ ~~ ~ fi ~ ~~q ~ x d4s ~ 5 ~ ~ ~ ~Q [ ` y, ~~~ ~ boE ~ ~ ~ p j ~~ R pF b r 8Q y y ~ h~l~iL - _ ii : I _ C .wfvA n~'yra ,I I 13 n:. w, f -~ 8 ' .; ' g - . :,~ g : _. is .~. x ~ pk ~« - 3^ ' I - - _ ~N. .y E~_ ~ ~,7 ~ -.~~F-~ NElnl~n . ~ - ME91~A ' ~ , - ~ ~~r ' ~ "~wa ~ ff - I ~ ~~. ~; l~~ ~ J ~ - -. .. ~ 3 ~ #. € q'. - ®ea.~ .. ar ---arx . -. . a f ~ i:.. --' ~~ .-dF'S f~:. 4~ ~~ ~ ~ ~~ ~ 3 .o,ac ~ Y~ ~tl ~~ $~~ ~ ~_ } ~ ~~ ~ 3 ! ~~ a ~sf f ~ 6911GRT~IX s•IK PPC ~ SDam MPYO JIL HIIY YImWP PIMP Ya 16110 YO IWaYeBa<1NGG1MOi AM tl1W1GY AY 1UpY TM ~..M LL'6PfiW YNfCi Y!!mi liYf A AV3WI6316 P LGRCIW P6 ~6~~~ d N.E. 5Th{ TERR. Q Z [V N.E. 5TH CT. ~ G~~ N.E. 5Th1 5T. 4i LI.I Z ~. I 1 t~ t-- O Z N,E. {/7 Q >~ N.E. 5TH ST. 4 Z {!7 ST. ~i r z 0 w ~~N N.E. z N N.E. ~Z1I INClTRt ,&ASE" MAP SYSTEM -- MAP REF: S:\Planning dt Zoning\p9M5\Fle-Cab\Z-LM 1fl0]-150fl\11A715H_Puit'N Around wpb ~C ~ ~ ~~ .. ~i q a ~ ~s ~~~p~~ a@@ Sn Q as §E~~~ g6 ~ ~ ~ ~ F S ab ~~ ~~ ~~ ~§ .~ ~ ~~~~~~~~~e ~~5 ~ r eS ~ ~~~~g~ya o a N ~ ~~~~~~$?~ 9 ° ~ ~ m ~ ~ ~ ~ ~~~~~~e~~ ~$ ~ ~~ ~$ 6002/sZh t 3Sfl'IitlN07.11pNOa ~ ~~ ~ g s ~~ ~~ ~~ -~ ~~ ~, ~y ~~ ~~ e ~~ -~ '1 P ^Yd Sp~wPm' Yb'~ 9~' 3Y~ !o nnsxrt~ ~aam~ 3LL ytl W~'1~]CGOa g6 b ~ o®n No~alQf~en MnsXm~ dun mvis~e ~w PHa~ m' ~o ~~an ~~ Sw'ws ]wn bJI~HaM Av 9 ixWtm au o~ ~~~ ~~ x~~ ~ ~~ ~~ £ ~~ f Y I ~ m ~' i. ~ ~. m s z 1 € ~ {~ i $ ~ ~ ~ ~ ~ ~~~ ~~ •y ~ - a Y $ ,a "y¢ ! 8 Q ~~p# Sid e a aaac .. . # { ~ i ~ ~ 5 i i l~ g~g~~~~! j~t~~1 ~f } ~3t11!(iiFQs l ~ P Q R ! ~! ~ g s ~ i 3 E .,.. ~. e. -...R®~., .,®, G ff t~ i~ ~ s s :# ! ~ a > i i i i ; t € R „ ~ -- i s ~ I ~ ~Y ' 3^': 1 ~ 6' 1 t S ~ ~ i s ~;~ i~f~ 1 e`e ~ i~ ! : t : ~ ei e9 ~~ fi X ~[: tl : z i#e! ~ iQ it iQ ii iQ iii ii ~! f ~! a ~~ i r3 33 4 L p VY St a. 6 ! pi 11 3 }1 :R ~a ~a z ?~ !3 a i~ RI }! ~ !i 5~ :~ ~ i as 3Z ' `i ~ } ~993txo~aae:~ea~le$~&~3~~&~~xe~4~~!@~3~~s U U 0 s S ~ ~ z g i S ~ i 7 5 3 5 ~ 5 ~ a i ; i ~ ~ @ 7 a ~ ~ + ~ ~ x i ~~ a n ~ a ; a e ~ a _ 3 ~ _~~ 3 g aa & ~ f ~ ~ ~ ~ ~ ~g l ~ ~ g 2 fig{ @ rtg € rtg € ~ ~ g a$ 1 ! a ~ ~ t6 ~7 e ~ e ~ e ~@ ~ y tp y 4d s¢ SB 3 # ~ i@ $! ~ ~~ ~~ py $t~ g ~F i~ kE ~° ~~ ~~ g ~t ~ O z K x • I 4~ ~~~ ~~~ ~ ~Q g ~ ~~ ~~ '~ i au, i~xi-~ Ida ~ ! g ii @ ~ it ]k!!i~!-!lf1:RliM ~~~~ ~ ~~ ~ ~ !~ R ~i g ~€ ! ~t rtrtt~i+tjtiiiieti ° = Y Q ~~ ~R131RRla11113lii3iilu fQe Q~. ~~ ~~r ~~~ R` ~~ 4 ~~ ~, t~~s~~~~ ]fit ~~33~$~~I~E~ ~~ ;~~ ~ ~~ Ea a~~ ~~a~ ~ ~~~1S9iFF~~~~6€~ ~ ~ ~~! 3 ~ ~~9~ ; , yryyq, E~j! y b I 1 R[ ~Y ~ ~iE g ~ 1~~~ .~~~ ~F ~! a oo~®oo ~ ~ ~ ~~ ~ ~~;~ ~ ~~~~ ~~ ~ :g.Q ~E~#€~~~ ~+. C~ ~pp ~~ 2q$ M~ td ~~a~ -, ~ ~ ~ ~ ~ 6u _ a ~~$ ~ C ~ a n a ~ M a. a ~ ~~ ~ ~~ ~ ~, L 8a S G N g v°~.v 6 dada 6002/5Z/ii 3SR -1tlN4LLIaN07 ~~~ u C ' '~ ~ ~k ~ a ~ ~t~ Z3E ~ ~ ~ C C ~ ~ 6 a~~i. ~1° a ~ ~ n i .. ~a Q A g ~Y ~ 1Q ~ ' ¢~ a tae .~ 6 4 a~a n coox/szhi ~sn 7aNOUSarlo:s ~~~ i ~ v ~ a ~ 3 ~ 's ~ ~ ~ ~ ~ ~ ~ a ~ ~ ~ ~ ~ ~ ~ ~ y A 4 ~ E i E 7 ~ 3 9~ ~9a ~ u o ~ _~ ij ~ ~ ~ ~ ~ ~ e~ ~ ~ a ~ ~ ~ ~ ~ ~ ~ ~ ~ ~~ 8z ~ ~4 ~ ~~ e ~~ a ~ ~ @ ~ ~ ~~ ~~ ~g @~ ~a 9 a ~ a@ ~ as ~~ e ~ a ~@ s ~@ Q $ Y ~°. s S~ !~ ~ ~ ~ ~ ~ ~ yhh E# ~ ~~ ~g kE y 3 $2~ Y' ~~ Y' ~~ tlq ~8 Y ~~ Y ~E ~ :E k ~t~~~~l~i~ii~ififii~ E !E ~ 'ti i iE ?i3ti 3i~ii . Yd ° i i3} w °!°3 f! -!Fl~ff~Yti iitp~ !# lYY1 f!llilL!!3!} 3i! iii! Ir]ii9u}~ - ~~~~5~~~#~IEI'~~~~E ~t ~.. ._-,~.~......~ ~E€~~~~ ~ ~00~®00 s~' 777llVJJddd~~V//((( UUUU ~ vUUUU ' J i S a a~e~:~~ ¢ f sit [ i'~ w a i i s i 7Ei ~~ z g a i i e ~ i! S G t o i( s'. r " E ! A ~ yi e`i SE ~ ~ r" ; d'a ii r ~'s !"a ~! dY i a tY if a r! i! i! rf I! w~ ~ d3 ~1 ` ~7 t iY y t! :7 ~i Y~ ni ~ a }F Yw 3 ~ ] } YF L6 3~ ja ~L ~F SF : 34 SY } 54. si 3k 3~1 ;3 iS ~ 1 ~ 1Y I'd i 3 j ~~~]gaa°aaatzyeal~e3iEE3E~@8@lt3~y~3@I'~i~@ ! 3y ~ j !f E~! l~ t5 ~E ~' ~ € ~ #~l~Ttl~`t,° ~1 E (! 'i ~ ~ a E } t„ eep 3 i~l~ g~f~~ ~~ ~ Q i~ ~~ ~~0 °9~~ a a~9~~ pcE~l , I a~ ~~~ ~~s g4~ ~~ 'E~~~ ~; E 5 ~~~~ ~~~ y ~ ! s k MEMORANDUM TO: Mayor and City Commissioners FROM: R. Brian Shutt, City Attorney DATE: February 26, 2014 SUBJECT: AGENDA ITEM 9.B. -REGULAR COMMISSION MEETING OF MARCH 2, 2010 NOTE MORTGAGE MODIFICATION AND SUBORDINATION AGREEMENT/AUBURN TRACE LTD. ITEM BEFORE COMMISSION The item before the City Commission is a Note, Mortgage Modification and Subordination Agreement between the City of Delray Beach and Auburn Trace, Ltd. BACKGROUND Some time ago, as part of its efforts to secure a CWHIP Grant from the State, Auburn Trace approached the City to revise its mortgage and note loan agreements that have been in effect for many years. The Agreement is known as the UDAG (Urban Development Action Grant) Agreement. On January 23, 2008 Auburn Trace received approval from the City Commission to revise the Agreement to provide a one million dollar note forgiveness if the UDAG loan was paid by December 31, 2010. The City Commission also agreed that as part of'the modification, the Land Note portion was to be paid upon execution of the revised Note and Mortgage. On September 3, 2008 a revised note, mortgage modification and subordination agreement was presented to the Commission. The Commission tabled the item and gave staff direction to re-negotiate the agreement as the proposed agreement placed other loans ahead of the City's loan. Staff attempted to re-negotiate the note, but was unsuccessful. In 2009 the State de-obligated the CWHIP funding, therefore, such funding was no longer available to Auburn. Auburn Trace is now requesting that the City enter into the Modification Agreement which includes the forgiveness of one million dollars of the UDAG loan if paid by December 31, 2010, and the payment of the Land Note to the City in the amount of $255,168.00 upon the closing of the construction loan, which Auburn has indicated will be around March 16, 2010. The Agreement provides that the City will no longer have any interest in the 11 acres that are to be redeveloped and will continue to subordinate its UDAG loan to the Iberia loan which shall apply to the remaining 20 acres. There is a letter and emails from Michael Weiner offering further explanation of the request to revise the note agreement. RECOMMENDATION Forgiving $1 million seems arbitrary. If the Conmmission determines that this project is worthy of a substantial City contribution, another aption would be to forgive the deferred interest, which as of December 31, 2410 will be $952,931. Then we would be getting all of our principal back. Commission discretion. Shutt, Brian From: Elizabeth Kennelly [ekennelly8zonelaw.cam] Sent; Thursday, February 25, 2010 4:25 PM Ta: Shutt, Brian Cc: Tom@fahl.net; Clto Beguiristaln; allan aQaubumgroup.net Subject; UDAG Loan Attachments: UDAG Loan Analysis.pdf Brian- Enclosed are revised numbers in substitution for those numbers that are in my letter of January 28, 207 0. This will demonstrate the City's second position after a release of .the 11 acres and a discount on the UDAG Loan. Even without the discount on the UDAG Loan, the security is improved by approximately $1,000;000.00 aver its present situation. The. 31 acres is valued at approximately at $12,100,000.00. The approximate principal and interest of the fist mortgage is $9,236,000.00. The outstanding balance owed the City is $4,576,000.00, Including the match loan and annual payment. 5o the total debt against the property is $13,752,0OO.Ofl. So if the value is $72,100,000.00, there is an excess of debt above value of $7,652,000.40, I~Iotice that after confirmation of the request we are making, the excess debt above value is reduced to $765,OOOAO and if the discount is granted, there is an actual su-„_,rplus of $235,U00.©0. Thank you, ~'or Michael S. 1~lieiner, iEsquire Elizabeth R. Kennelly Legal Assistant Michael Weiner & Associates, P.A. 70 SE 1st Avenue Delray Beach, Florida 33444 Phone: 567-265-2566 Direct Line: 551-900-077 2 Fax: 567-272-6831 B-Mail: ekennellxCc~zonelaw.r~m NaTICE: This a-mall message and any attachment to this a-mail message contains confidential information that may be legally privileged. If you are not the intended recipient, you must not review, retransmit, convert to hard copy, spy, use or disseminate this e-mail ar any attachments to ik. If you have received this a-mail in error, ptease notify us imrr~ediately by return e-mail 0r by telephone at 567 -265-2668 and delete this message. Please note that if this a-mail message contains a forwarded message or is a reply to a prior message, some er all of the contents of this message or any attachments may not have been produced by the sender. EIQAG ~.pAN ANAl,YS1S AFTER VII~LAG~ AT DiE_L~tA1(CLQSING iBirRtA iat 111tQRTGAGir LQAI~ Principal and interest $9,23ti,417 Less Amount Paid of Cursing 4,475,gOq Remaining i:ieceivable $4,751,417 LiDAG ZNr] MDRT~aA(~lEr LOAN Principal and Interest $x,.516,357 Less -Match Loan Paid at Cinsing 255,168 Less - L[3AG Annual Payment 157,768 Remaining Delray Receivable 10 +420 Total Remaining Receivables $8,85x,837 Appraisal of 2q acres Remaining Coliatera! 8,1gp,gqp ~earc o~ Debt Above Vanua f764,83t Less 2Q10 Payoff incentive Offered -"3,000,505 Cushion if UDAG Paid in ?A9a 23S 1B3 MICHAEL 11ylElNER ~& ASSOCIATES, P.A. ATTORNEYS AT LA1tV 10 S.E. 1gtAvenue, Suite G Delray Beach, Florida 33444 Telephone: {581) 285-Z6B6 Telacopier: {a61) 272-6831 E-mail: mweinert~zonelaw_con3 MICHAEI. S. WEINER JASQN s. MAN1COl~l= KERRY d. SAFIER January 28, 2010 R. Brian Shutt, Esq. City Attomey~s ofiFce City of ©elray Beach 200 NW '1$~ Avenue Delray Beach, Florida 33444 Re: Auburn Trace tour File No.. A1JBM026 Dear Brian: Vr"a ~ Maif and ~egular N1ai1 With the issuance of the "permit-ready fetter" fior Village at Delray, Auburn Development wi11 be ready to slow on or about March 1, 2010. I haue enclosed the minutes of a Special Meeting on .larEUary 23, 2008.at which the City Commission voted unanimously to approve the following restructuring of its second mortgage ilea against the'thirty-nne (31) acres owned by Auburn Trace, Ltd.: 1. Release of the eleven (11} acres on which V111age at Delray will be built, ofi Auburn Trace's thirfy one {31) acres, in exchange for payment of the City's smaller note receivable. That non-recourse note is at zeta percent {0%) interest, payable Twenty- One Thousand Two Hundred Sixty-Faun Dailars ($21,264,00) each June 30t~' would be fully amortized on June 30, 2021. Two (2) annual payments have been made since that meeting, reducing that lawn from Two Hundred Ninety-Seven Thousand Six Hundred Ninety-Six Dollars ($207,696.00) to Two Hundred Fifty-Five Thousand One Hundred Sixty-Eight Dollars ($266,168.00). 2. To encourage early payment of the non-recourse "UDAG noten payable to the City by .Auburn Trace, Ltd., it was agreed that one Million Dollars ($1,000,000.00) ofi the loan balance would be forgiven by the City ifi Auburn Trace, Ltd. repaid the loan prior to the end of 2010. Since this non-recourse lean Is only at three percent (3%) interest with along-term arnortixation, and doesn`t balloon. until August 21, 2022, Joe Safford advised the Commissioners that, in addition to helping salve the City's budget shortfall, based upon his present value of the doClar calculations, the City would actually profit by giving the dissount to ensourage the early payment of the loan. °.1,9116~02q[.atlol 9huy_f312810-At~xm TrACa.daC R. Brian Shutt, Esq. January 2g, 2A1U Page 2 Susan Ruby, Esq, and [exchanged drafts of a "NOTE AND MORTGAGE MODIFICATION AND PARTIAL RELEASE AGREEMENT", but never submitted the Agreement to the parties for execution. The meaning of the word "closing" with respect to when Auburn Trace, Ltd. would pay, became an issue. However, the issue has become moot. As [stated, we expect to dose on Marsh 1, 201 fl. A first mortgage lien against Auburn Trace's thirty-one (31) acres will be modified with a new sender as part of this closing. Of course, the eleven (11) cares is being released by the City, but the City will remain in a second position on file remaining twenty (~(~) acres. will update the draft of the aforementioned Agreement and deliver if to you for your review. Would you please be kind enough to have this placed on the agenda for the meeting of February 11, 20x9? r MSW:ab enclosure cc; ll~lr. Tom Hinners (via a-mail; wlenalosure) Mr. Brian Hinners (via a-mail; w/enclosure) Mr. Cita Beguiristain (via email; wlenciosure) Mr. Alla~r~ Scholar (via a-mail; wlenclosure) ti:ikUB1~1026LLetlet&tulf_Q12840 ilv6urnTrece.doe SFEC1fAL 1V.[EE'L'IhlG ~'ANUARY 23, 2©Uii A Sgeciai ll~leetittg of flee City Carnmissian of the City of Delray Beach, l~atida, was called to axder by Mayer Rita, E1fis in the. Ficst Floor Canfelrence Raarn at City Halt ar G:3(} p.m., an Wednesday, 1an,~arq z3, zoos. Roll call showed: Present - Cosnmissionei Gaxy P. Eliopoulos Comtisissiancr >~red B. Fctz~z Casnxnissioner Waadie McDuf£`ie Commissioner Bxenda B. Montagae Mayor Rita Ellis: Also prrsentiwere - .David T. Harden, City 1Vlataager 5ueaxs A. Ruby, City Attauley' Chcvelle I~. Nulyiss, City Clark 1Viayar F~llis called the special sneetusg to order and aunaunced that it laud been called for the guxgasc of considering than £nllawitig netts: ~)PECIAL_lV:[EETITTG ACS 1. COIVIM,~~N)«~4ASFORCE H~U~I~G II~Y(?YATIaN__I'R4CR.AM IP) ~.GREE1MEl~TT FQ~~$„ITT DELRAY: Consider apprraval of the Community WorkFx-rce Housing Ynnavation Program (C'~UHII') Agteetsaent fat Villages at Delray. }aseph Safford, Dizectat ref Pittance, presented this. item. He stated there were multiple meetings held an January 23, zoo8 with representatives From rile Auburn Txacc Development, LI.C. He explained bads parties agreed to a reduced amouut frotxt X1.5 million dogs originally requested to $1 rnitlioxt dollars. The iattgssage its the Community Workforce Hosssittg l:nstavatxon l3rogram (CWHII') agreement would ba :revised to apaW for the eleven. (] 1) acres to be talon away as collateral Fez the loan. Susan Ruby, City Attozney, slated this agteeznent is subject to a payback of ~r~97,UOQ.{lQ. The exact terms will be in a subsequent loafs dacRUStcnt. Mr. Fetzez asked iE the agreed upon tersaas are subject act the Haususg earl Llrban Developrnetat' (HUD) approval. Mrs_ Ruby stated this is based an HUD apgravaL Mr. Safford expl$irsed that upon closing of Else eievert tj £) acres, the City tivill be paid 1j29'7,b9G.U0, which is the payoff' of~the ether rxote, not the UD.A.G state. He explained the Citlr will be paid ~t49,z44.Op far a three (3) year period. At the end of the period, there wall be the payoff of the e[ttire balamce of the loarz including the accrued irststest. He stated staff was car~sfaartable with tlsc terms of the agxcetnent. The Cite rovoutd be paid itx a t ltunp sum at rise end aE 2U# 0 instead of being paid based on wheys. properties are sold. ' Mzs. Ruby stated if the texxns csf tis~ agreement axe aAtcxt tnek the I'3cvelapear would have tcs continue to pay the loans wilts a papoff in 2{322 and there waukl be rso forgiveness. Mayax Ellis asked City Serguixistan, Rust ~cc Fresiderst of Aulaurts Trace Dcveiapmesst, I.~.C if he agreed with dye tams of the ag~reesnent. Mr. flesgtsiristats stated he agreed with the teams of the contract made by Auburn Trace Develapts7ent, LLC axsd staff Mrs. Montague moved to approve the Cotnmuaity Workfotce Housin& ].onavation Program (C't'~4HiP} Agsxettserst fox Villages ak Delray pes staff' xecaxxsmendatiasas, sccorsded by Mx. McDuffse. Upan tall call, the Catnttsissipn, vested as ftrllovc~: Mgt. l~etrez -Yes; Mt_'McDuEfic - Ycs; Mis. iviantague Yes; Mayot Ellis -~'cs; Mr. f7liogaulas .-Yes Said motion passim 5-0. Mr. Bexguiristan asked i€ a tylaagraghical ci:xax in Patagrsph G regarding the Schaal flaaxd ccactld be corrcctes3 in the Resolution drat is being attuclied to the agrccmexst. Mrs. Ruby staked ttse tpptsgxaptsical ear will be earxccted, Mayor EIIis adjtsutxscd the Special Meeting at G:45 g.cn. ~-- City Glexk 11.'I'T'FST: .C~ MAYt~R Ttse ux,dersigricd is the City Clerk of Che City of Dekap B~eacti, l{loxida, and the inforrrr~tiox~ provided laercin is tksc Mittntes of the ~peesal lvicetiasg of the City Caixsxazissiari }acid ara V~fedncsday, !snooty 23, 20(38} which Mlnutcs were fomsally apgravcd snd adopted by the City Commission on h'ebruaty ter. 2U0$. . .--- _ ~ ~~ Ciky Clerk NOTE TO READERS If the Minutes you have received are rsat completed as indicated above, this snearss they are sot Ilse official Minutes of the City Commission. Thep will become the official. ivtissutes azsly after review a>a~d ssppxoval, which say iztvolve gmcxsdmcnts, additions vx deletions to tht Minutes as set forth above. junuary 23, 2D08 PRhPAAED BY AN [7 RETUIi~I TU; MICHAfiLS. WBIIVEItESQUICtE; IVlichael Wainer & Associates, AA. lU S.E 1'" A+~enne, Suite C Delray Beach, ~Icxida 33444 NOTE TD CLERlZ TIILS !-'OTE AND JIIOR71CAfGE MDD1L c~~rlNU,r~s GIDNTRr1CI'UAL o~rx.ICA~1oNS, wr~IVU~ ~I.~rvc8 vF ~ NI7'I'>L~S n~scRIBED IIERL~rNruvn I~ AlVia lNTAN +f{BLE PEIP,S'01YAG PROPERTY T,+IJ~F.~ U1! FLORIDA ,S`7`,fITUTFS, RFSPECi`lYF,~C,K DDCUMEdV2'~JRy PROPERTY 7AXL~S if'ERL PAID ON 7'fIL' DRIGINAI. lY07 OF THE 1 NQR77GAGE,AS FUR:TIIE~R D,~FINED J~'L~'REIJV THIS NOTE, M(?RTGAGE MQDII? ("Agreement") made this day of Fel LI[~IITED, a Florida lianit~dpasfiiership (". WITNES~ET rill . 1.. 1i~~:' 1 U ' _ :~:, :~: ~'AT~ON AND PAR77AL, RSI.L'ASE dOR,iyF,MF.NT' ;IY~RCrF,I!lE1VT OF 7~YRI~X1STiF1'JG PRINCIPAL ,will ,. ~Pr ~rro~rr ooct~Nlr>~R y s~rv4rP TAB' a~sR STIUN ZOL~4 ttND,~;S~ECT!(1N 1!!9,143, STAMP TA~F.~ ANrI INTAIITG`IB~E P~S'QN.[L s'SINCl7NNECTIaN 3f7Tnf T,~f.~'CORI)Ax741~1~ SIT13U][tUINATYON AGREEMENT ,., .. ~ and between AUBURir1 TRACE [~¢F DELRAY EEACH ("City"}, WHEREAS, thc~~:t'~ty appliad ~ ~ re~iv `- Urb~sn Development Acfion Gmnt ("t]DAG .~.,, ,~ Grant"} from the 1~edera~~C~~-~~~":ds~~1_ }! ,'~~1388; ' `~ .I i. i.!; . Nut. ~ ~ ill! 1~tr~114~;`Federal 'UDAG Grant runs arrtended on Apri13, 1989, and an Septerr~ber 9, l 991,;, r „~~-~~' ' ''~' ASR,: .VV1F~~AS, Th$ City=~,~d Aut~urn Trace Limited etrtered iinrta as agi~eernent (the "UDAG Ag~emen"'~'}~. ~ lobed June ~ ~` 1489, amended on Auk 23, 1989, November 20, 199, Novennbes 24;~1~~992, F ~~4~;1997, July 1, 1997; . ~_: WHEREA~,:.~K.. ~'' ~ :w~~l ciur+ently the fee aiurnple owner cf property in 1'alrn Fleach CountYz Florida, described ini~bit ".A„~ WHEREAS, the City is the cawner ar-d holder of that certain h+iortgage and SeEUrtty Agreement (tfie "Mortgage") executed by Auburn in favor rrf the City recorded on 3une 30, 1989 in O~Fiaial Record Book 6l l 6; Page.521, Public Reoards ofPalin Beach County, Florida in the origiclal principal swn of FIVE MILLIC?N T}iRE~ HUNI?RED TWENTY EIGHT THOUSAND and NO/100 DOLLARS ($5,328,UI10.00)(which consists of tl-e notes referenced below and referred t+a herein far cazlvenience as the "Primary UDAG Note; 'the "2D°~o U1~AG Match Note," and the "Land I~Tote") edlateralized by the property described i11 E~hiltit "B"r o:~auanltozbwa~ Mangw~e M°ai rc~it~.na sUbardi~nri~m Ag~cmux,rebnwy s, sOlQaocepled cha~s.doe WIJ~RRAS; Auburn executed a Psracnissory Nnte in the original principal sum of THREE MlLL1ON EIGHT 1~UNDRED ijORT'Y THOUSAND and N4f100 DOLLARS {$3;$40,{)(10.00) {that is, "Primary UDAG Note"} an ]line 29, 1989 which was later m~ified by xc. Agrceement to Revise Payrnenf Schedule on November 20, 1992 which was madif ed Later again by an Agreement to Revise Term and Payment Sehedtrle qn February 17, 1997 which was again later modified by an Agroecnent to Revise Term ar~d Payment Schedule on July 1,,1997, which-was rectixd~l on July 10, i 997, in. O~'icial Reccirds Book 9883, Page 1596, Public Records ofPahn Heath County, Florida; WHEREAS, Auburn executed a Promissory Nate in the ariginal;;priracipal sum of SEVEN l-1LINt~RED 7'VVENTY THOUSAND and NOf 100 DULLARS (720~~p0:OQ) {that is, "),oral Note"} on Duty 29, 1489 which was later- modified by an Agr$en~ent,~.~~Revise Payment Schedule ~ November 20, 1992 which was again biter modified by an Ag~t:tcr Revise Payment Schedule nn Febxuary 17,1$97 which was again later modified by an Agreemeni~'Ci~,Revise Payment Schedule on July 1,1997; . VV)41<E>t~AS, Auburn e~cecuted. a Promissory~+' in the original princi~l ;sum of SEVEN >^lUNDRED S.1XTY EIGHT THOUSAND sod No ~ 00 l]OLLA {$~ts,ooa.Qa~~ {ihat is, "20°1a iJDAG .Match Note"} on June 29, 1989 whichw~:ater m dell by an Agreement to Revise Payment Schedule on November 20, 1992 which w modifred by an Agreement to Revise Payrner-t Schedule on Febnsary 1~1~: i997 which waa, later rnoclified by an Agc+eemer-t to Revise Payment Schedule an July 1,199`,:` ~ ~ . ~ F~, .,.~ ,. WHEItRAS, the 20'~o UDAG Match .`I?~ate has ~+~.a'~1~ paidd m full by Auburn and the Primary UDAG Nate and ie ace stillCSg~a~.:sometirr~,es collectively rcfecred to as the "F~xistirig Auburn - . ~: ~ _:,., '174~HERlEAS, tl'[ty and Au .lb to entered ii~~ a LancE Use Restriction A~greemem recorded June 30, 1989, in C7ff~ It ~yt`'~ ,,~~6I„16,1">~g~>470, Public Records of Palm Beach County which was later madif . ~ ~ ~ ~ to~;Land Use Reestriction Agreement dated Apri124, 200b (Landal~,'~eI~rietin ~ ement and F~rst'Ameridment to Land Use Restrictign A~eentent are sometsrrtes hereinar cola tlvely referred tc; as the "CUBA"); ~.~, s ..~:: WEIERRAS, Cantinet~tal V~Tirigate Associates, Inc., the City, aad Auburn entered into a Subatdindtior~i Agseernent rely try the 1'rin~wry UDAG Note, which 5vbonJinaiiora Agn~ement was. originally recorded July 10, i<?~-~7, in Official Records Bonk 9883, Page 1620, Public Records of Palm Beach Cobnty, Flarida3~ vas re-recorded on Juix 30,1997 in Official Records gook 9913, Page 341, Public Recorcls~aP'alcn Beach County, l;larida to add the date of the 1~?ote described in Page 5 of said Agreetrien~' ~VI~EREAS, Co~atinental Wingate Associates, Inc., the City and Auburn entered into a $ubardinatlon Agreement Mating to the 20"/o UDAG lvlateh Note, which S~bortiit~ation Agreement was r~orded July 10, 199?, in Official Retards Saok 98$3, Page 1636 of the Public Records of Palm Beach County, Florida; d.~hUHtrSfl~GtNobe MartgsgaMddiflgdi~n and Subvrdi~t;uar Agreamenl..Pebinary 5, 2414.aC~epEM chsnB~~dne WHEREASr ContYttetrtat Wingate Associates, Eric., the City acrd Aubiarrr errtet~ed into a Subordination Agrcenrient relating to the Land Note, whicl>< Subordittaitlon Ag~rnerrt was reatrded 3uly X0,1497, in Official Records Bcin(~ 9$83, Page 2652, Public Rcpnrds of I'a1m .Beach Caurity, Clorida; WHEREAS, Arian Bank and Auburn Trace, Ltd. entered into ~a Mortgage Security Agt+er;ztrectt and Assignmt~nt of Rerrls Agreemetrt vrhielt was t~ecorded in the Ot~rcial Reels Boole 20273, Page 1396 of the 1'u'hlic Records oxr M'ay ~, 20Qti; WHEREAS, 1SERiA.BANK Carporatio~o, an independent commercial bank sc~viutg Louisiana is the successor ire interest to Orion Batik by virtue of'aeriain mergir~etcquisition amts, w xr ~4t~~ W~IEREAS, for canveruence the original loan as betwet~b~ti~ and E7rio;u Bank arzd aaw ~• ~ ~r between Atrbtrrrt anti Iberia Bank shall 5e rcferretf to as the "ll~ia Loari:~r`; • 4Vli1~RE~-S, the City, Aubuim Trace LTD, and-° Orin 13arrk enterer^~; a Subondinatiozt Agr~eemetit far the Hates referred to herein as fire Primary i1DAC Nvtc, and the Lai~;Note on ApriI.26, 200b recorded May 2, 2IXlb in O~cral Records BnoFe•2A273, Page 1..430, Public Recotxls~af Palm Belch County, Florida slang with an Amendment to Strbcirdir,an,A'tlated Deeernber I3 200b; WHiN.i12.E.AS, the City executed a Pa a portion of the property secured `by #liii Records Bank 211273, Page I392, Public of P+~-``otgage ("Partial Release"} which released which w~'~recorded M~}' 2, 20U6, in Official Beac~i~t" ounty, lrlarida; . _ .~~.. WII~REAS, the docitmen#s described Trace Loan Docutnentts' ; referred to as fine "A€~burn W>E~ERB.A~ tlte;ll Busntess A~mirtistraiyyor~~ y of the govemrrt~ of the United $t ofAtnerica, errtered inlo~a-Nlo~ex~~~~~#.` ~, w[th~ Tra+ee, Ltd., which was recorded iri i~cia~ K,ecords Hoots 18805, P ~e,; 7,~: ~'' ~ ""`_ .. ag ~ ~~~.a Palm Reach County, Florida on June 24, 2005 (the "SBA,,~~ ,_ 7, . - ._... ~.,-~ • ~~ < ~IERFA~S, the S"~ • • ~Busiriess. Administration entered into a Sulx~rdir~atioA Agrrrent as to the SHA~1~ which was rec~ in O1~t~ Recamis Baok 20273, Page 1427, of flee Public Records of Palm Bea~a~'.~outtty, Plaridat~vlay 2, 2pOti; ~'VI~ Y~ ~... the City_ f~ .granted certain permits and approvals of certain projects and ~~ ~~ developts. which'~r; -.,~ :'~ ~ e the property described m Exhibit ~, A" and which among other things, allow For the aiI'ord~ili'of certa+n residences under the terms avid canditiazrs of such permits and approvals (the "Land Use Approvals")= VY~RIEA,S„ Aulxnn shall bE closing ~ cr about Mareh. 15, ZO10 $ oprn loan in the app~itrrme amount. of 7EN M11:.~.ION SIX HUNDRED THO!CJSAND acrd I~COV100 ~$I O~60ff,000 ~Q) with FNC Batilc, Natitxral.4ssoc~ion, , a national baakit~ as9oc~otx ~`l'hIC'~ f4 oix~hnrct the project (the `~mjt~~ an apa~ccl af~ely l l acres, a legal rl~ipliory of'which is attark~t as 1G5rhibu# "C" which is ~ subject of the Land Use Approvals; and Q:1Atrr3rwrd2GWa~ Morlgege Mc~dificarion and 5ubord'ianlian Agn.~anc~d,Tebrvazy 5, ~4t0.rxx ftcd chaaeca.doe 'VVH)~EA~~, this loan betwa~ecr Auburn and 1''NC is sorr~tacaes hea~aEb~r wed to as the `~Con.~tionLaan." NQW, THEREP~ DIIL, inn o~ti~ of t#~e paeani.~ and the muhr~l a~ Fein ©ontaiured, as well ag the payurent of the stun of'i'fCN :anal NOII(~4 D(}LLARS ($IU.IX?) from eat #o the other and other good and t+aluabte ~nside~ti4n, n~eipt of which is l~Y adanawledged, its pares herero for tlaern.~ves,lhcir its and assigns, hereby mutually rov8craat and agi~e as follows: 1. ~„ The Recitals set facth above are taue a,,~~~orrec# and ir-corpot~ted herein. ~~~,~'~' • • _:;,;: ' «., 2. SAG Dote. Annual payments of ()I±±• I-tCRED FORTY' NIl~IE THOUSAND TWO lTl.lNOREI~ ~'QRTY FOUR aErdNOJl OO~IO~.i,E1'lt~~ ($14 ~OQ} of Viand iriUer~t (ittter+est is 3% per year} ace due on lleeernb err~,~~ of each yeat: All mid ~ir~cipal and inte~+est irtcltEdixag, but not lit+ed to deferred intern be due on June 30, 20~:;, , ;• ~'. ~. 1C.~nd Nate . ~ p~~ Vi rl 1I i:i ~ l T t'I, .~ ~ Tl V ~y~ ~~/ ~ ( ,Z ) pritrctp•~l.e orr ~troe 3~ of ~a yc~r of the FOUR and NOSr10(! DQLLARS ~l1 64.Ofl of ~~``~ Land Nate. The Land Note is aza in. rast,fnee loan with°~~taturity date of August 1, 2022. All unpaid principal shall be paid as set f ~- ~ - grapib~ 5. ~ : ; k ~.. -• 4. For~±cness of Inc 11+Eiliion ancl•'h 1C00 tJ~-($1.110Q:~t1f0.Qd1 ... (a} In the ev~utpt±~pays tfa; AG 3+Tt~'~ full on orbe~ Der~uber3l, Zola, the City agre•~t upon '~~t~eipt of the ~t by ,~ubtmi, the City shall,focgive ONE l1+QLL~ON ~d Nt~ll,(1~1 DOLLARS; ~1,QQ0,0(Ill.l1D •of the trstal amount due on She Pnrnary UDAG Note. Ttruts, DIVE 11~LION attd~ •. ; • DOLT.~t{$I,OOO,t>l)0.00}less than what is actrt7tlly awed may be Paul by Aub~m:~~ `~~` " ~ ~`~• ~, ; , . ~ Note. 1f Auburn fails tct pay the Pr'cmary ~.IDA~~I~a~ly -;~ ._ ~ ~x, ZDl0, ~ . of~e k>an shall be ~~ ~ ~ UDAG ti,,,.. N i~l oontinue.pai~` ,,~~tce with Auburn Traee Loam Doctnnents-and Ya~gr~h 2 l~'vvithout refer~e}Eta this'l~~ra~nh A. ~:1~ Upan pay~"°"4t of the Primacy UDAG Note, fhe City shall File nwt only a Satisfac 'a~,of Mortgage easing, all proQerties from. aniy indebtedness but a termination of any and all~~ic~omsnts rely #o LURA~ for atl pies. 5. Frill l'avm nt of the Land lalu~U»on Executaon_uf #hi~ Aereemett#. Yn oanside~ion ofthe City catering into this Amt Auburn agrees to pay upon the closing ~ the Constrtyotian Ltaan the entire acnaant of the o~sl9nding Land Nvte, The outstaraditag balance n:rnatcait>g rn the Land l+lote is TWO HUNDRED lilylY FIVE THOUSAND ONE HUNUIi.~D SI3t.T'X EIGHT grad NOVIOD DC}LLARS ($Z55,168.00~ Upoa~ the full payoff of the Larul Noce, the City shall exeCUbe a Pa[#ial Release o£Mortgage as-set forth in Paragaa~ph &. ti. Release of t/olls#erai. >`Jpon the clomp of the Consnuetion Aubttm shall pay is full the Land Nots,, ark the City shall execute and deliver a partial release of Mortgage tCnom all o:tAt181~(Q7bWo1c Monga~a t~iadiriratinn aiat sutwrdfantion Ag~oemehi•1+ebruuy s. zoto.a~t~a etsAo~.dac A Trace Lcaan Documents with respect to the gar+~el of approxirr~ately eleven (11) , s legal desaiption cif which is at#ached-as i '~ '•{which is the l?rojed) and the carne shad be rdad ire the public tecorrls of Palm Beach Gaunty, Florida 7. LIIRA. (a) Att~hed hereto as F~rlribiit "D",which iS an email, is u confimratian that HC.ID zeleases the Gty ~n all UDAG Grant ~equi~ner~s and upon thefull payafl= of the Land Note as set fazth in Secti~nn S above, ,A.u~b~un shall adhere to the amended LURA that, cornport5 with the ai~ordability reguiretnents and representations of Land Use APp.~Y~s. ,~r (b} The City acknowledges, understands and - ••~e,i`,~ac after the Closing o~n the Construction Loan, a revised Land. Use Restriction :Agr~ementi,all be filed as to the Pro,~ect by the Florida Housing Finance Corporation,,~to the remair~:,twenty {2C!) acres which is security for the Primary UDAG Nate. ,i~ ~'~ . - „~~ .. ~~~ ~'$ ~,~ ~. S. ,~i -~rd'eag~tion. The City agrees tv ~c n ~uue to subordinate the Primary UDAG Note and Mo ~~~ , ~ '~ ~- rtgage to the Iberia Loan with, resp~t to tl~~t~emaining 26 acres which is security for both the lberi$ Lrkara and the I'rinaary i71~•~,iG~~o~. "few, 9. Fur Apr Assurances. 1?ach :i';'tl~e,.psx'tie5 hereto 'will execute and deliver loch instruments and do such fiuther a and: n ;: i;i~a'"-, etc thi gs~~v#iii:_ty be r~tured to ~3' cut the irrter~t ,Y ~` {~ and purposes of this Beni. Such•`sa:rm"slyanclude, but not be limited to a separate instrument efrir`iin~'~~xirdimati~ta;p~,the Primaz~`'llDAG Nate and Mortgage to the Iberia Laan. '"~' ~"~ • ••~~I' F dy 14.Amendmen~'1'hc ,4~u~ Loan D4ctsmenis are hereby amended and modified ,w~, herein b taus A -'` ~ n" ~" r ~~the Auburn 't'race Lose Uocufnents in conflictt>tl~iA are l~erebyVsu~rlett by the terms ofthis Agreement+ 21. Enb~re Ag"re~apaent. e'~~~greemenf, the Aabum 'Trace Loan Doaum€ents ~d tfi~e otlier:dacuments and '' 'agrnents'z+~ferred to herein, as rrxodifieti cad amended, constitute the entire agreement and cmd~siat~ding bet~o the pasties Yierefo with regard to the subject hereof supersedes •i~# conflicting previous oral or written agreements and unders~tandir~s with resp# thereto. Neither this Agreement nor the provisions hereof xnay be waived, a~endedr ~~1r~~hanged except in a writing signed b3" the pt~ttjr against which ~foxcement of ~;~italver, amendment, or change is sought. l2. 11'1<iscellanenus. if any provision of this ~-.greement is held to be invalid, or unenforceable, the remainder ofthe provisions ofthis Agreerr~ertt shall remain in full force and effect and shall in no way be afi'ected. 'I~•ris Agreement shall be governed and construed in aocorclance with the laws of the State of Florida, both substantive crud governing remedies This Agreement may be simultaneoUSly executes in multiple counterparts, all of~whiah shall O.'IAU[~M4ZSWatelVlort Mfldifn,alian and 5ubordienEion AgracmentFebruary5, 20.Fp.acceptcd clspn~CS.d4C r.pnstitute one and the same instn~metit~ aad +aach of which shell be deemed to be an original. All Exhibits are hereby iuncarf-ozated by re~e~nee ancl: made a part ofthis Agreement. I3.Effectiveness o ment• a rdiwation. T'Elis Agreement sl~ali not be ei~'ective until it is cXeeuted by all parties and by the Mayor of the City of Delray Beach. 'Ihe City shall not Dave the Agreement executed by the Mayor un#ii Auburn produces resolutions as to the proper sig~tories to This Agreerrient The City un~derstaaids that by agreeing to this Note and Mortgage IVlodificatipn Agreement, that the previously entered into subordination agreements main in effect as to this Primary UUAG Note, Mortgage Modification and Subordination Agreemeni#. ~ ~°~~~~-`` ..,.-. , ~:.~~~ _~.; i4. Na Waiver. The parties agree that by all ~~,~ ~ ~~ E ~ ,, ~rehnancing in the past and in 'r' ~ the -.:~ future by Auburn without accelerating the entire balances~due the ~~ly~'daes not waive the L~ ~ f. Ci s ri ht to accelerate the emirte amount u n all,. andirtg Notes in tevent of default ar u grefinancin b !~u(~um unless ex ressl .!~uaveci .~ writin b the Gx,``- ,pursuan# to ~ $ Y ~ F Y g y ~ the tenons ofthe Aubum Trace Loan Docuxrcenis, . IN WItTNESIa V1iHER1EQ1~', tl~e parties have t~'these puts to lbeeacecuted,~ ail ~R64 R:;T ; an the date and year first above written''. -~-.:;~, q} J! I: Signed, sealed and deili~e~ , in the presence of - ' ~ ~ ,A,UBI,II#~~KACE, LTD., a ~'c~`i[1;a:limited partneiship By: Auburn Trace Joint. Venture a Florida genera! partr~,ersi~ip Priiit;Name '`'~''~ i[s General Fanner i Hi By: Auburn Management, Inc. ~~~ a Florida cozparatian, Print Name ~. its General Partner sy: Brian Hinners Its: Chief Executive Q~icer o:1A[1BM07.~{Notc 1~lnrtga~r MEtidiliratinn and $ubcxtliaMipn A~mntniFcbroery5, 2D10.~cccplcd cbsag~acbc CITY OF DE~.RA~.' SEACkI, FLORIDt~ $y: Print Name Print Name Attest: Waodie NicDu~'ie, Mayor F£141 ll 1~i. City ,~~~ ' ;,,~ •,,,,;,, Approved as Form: ;..- ,:~ City A~tarn~ f,., ~'~f„ STATE OF ~'LOItII~A . ~ ~ ~ ~ ~ : , COUNTY DF PALM ~E~CH = ,~~,~.G_~~~~ ~"~ ~~~ i•~~' :a.:tl . 5:=::: The iarsgi~i~tg instrument:was sworu•~~nd subscribed before me this day of February, 2tII017y Brian H'iun~s; .Gluef F,xecutYVe O!'ficer of Auburn Management, Inc., General Fanner of A1t~'l~;i~rty: Cc 7oiz3t`~Y~;'~ier~aral Partner of auburn Trace, Ltd Signature of Notary Pn61ic-State of FI, Frint, Type, or Stamp Ccsn€r~tissioned Name ofT~Otary Public Ivly Commission Expires: Personally Known Olt Produced IdentifiG$tior~ Type of Identii'iaation Produced ST}4.TE Oll FLORIDA C©UNTY OF PALM BEACH ouuororaaav~ot~ hto~ge~ge McxGfiotion ena su6ortiantign Agreemu-t.rch~uary s. 2410:~cccplad changcs.doc The foregoing instrument vas svvarn tca and subscribed before me this day aC February 2Q14 by Wvadie 1GIcDuffie as Mayor aFthe City ofDelray Beach' Florida. Signatwe ofNatary Public-State of FL Print; Type, oz stamp ~vmrnissivned Name oFNotary Public ~;~ ~,: My Ca~-rnissivn Expires: Personally Known____QR Prs~duced Identifecatidn . Type of Ide~atification Pradu~d - +llij;,~ ~~~. 4rL ' ~', .'. i •VF'( f.~ • ~NI~h i1 H X11., ~. ~ '~~~; x ~u" y' 'a6. '~~i x~ ~~i'~ ' il~.:~ 17~{'ire" '"'.~ " S a ,~ ~~ .. :~ x 'x, .1 ,, , .Y ~"' A ~,: S' °~N (?:!A[tB~+10255Alat~ MnAgege Mnditieatfon and Subprdionleoa Agrremeel.Fctrrnuy 5, 2010.sooepicd ot~ngcs.dx ~~IBIT "A" Tracts A, C, D, F & G of t#-c Plat of AUBURN TRACE, according to the Plat thereof on file in the UFfice of the ClerJc cif the Circui# Court in and Far Palim Beach County, Flvrida, recorded in Piet 8vak fi4, Fage 184, Public Records of Palm Beach County, klcirida. Now kac~wn as: Tracts A, Cl, C2 & D vfthe flat of Village at ilelray, according to the Plat thereof vn file in the Office of the Clerk of the Circuit Court in -and for Aalm Beach County, is lvdda, recorded in Plat Book 11.2, Page 35, Public It~corda of Palm Beach County, Florida EXHIBIT KB" What part of the Subdiv.~sio~, of Section ~Q, ~fiownek~~.p 9& 5vuth, Range 93 East, ~aXm ~3each Couzxty, Flcrir3a, according to the p3at recorder in Plat BQOk l , Page 4 of the Public Records of Palm Beach Count, Fls~rida, described as follows ; The west half of Lot ~~, less the worth 25 feet thereof; the Bast half of Lot ~5, less the North 2S feet theze~sf, less the east 25 feet thereof , Jess the South ~.Q feet thereof aad less the North 3J~.2i~ feet a.f the South 30,20 feet (as measured garailel. with the East 3.iee of said Lot 2S) of the S~test 295.2Q feet of the East 320.20 feet (as measured parall.e~. with the South 1,ine o€ Sz~id Lot 753 ~ the 5auth 10 feet of the West 25 feet of the Last half of xvt 25, the West. i5 feet of the East half cf Lot 26; the west half of Lot 2b; ar~d the Bast half of Lot ~.5. ~~I~~~ cuss LEGAL DESCRIP710N. TRACT C-1, ~ILL.AGE AT DELRAY, AGGORDING TO THE PLAT THEREOF AS RECORDED IN PLAT ROOK 112, PAGES 35-~1, OF THE P~JBL~C RECORDS OF PA~.M BEACH COUNTY, FLORIDA. SAID LANDS SITUATE LYING ANI~ REINS IN THE CITY OF DELRAY BEACH, PALf~ BEACH COUNTY, I`'LORIDII. CONTAINING 11.03 ACRES MORE OR LESS. ~'W+: UUAULirsat(tuestltnl- Xahoot Mail. ~sge iE af2 FW: l1DAC Cr~r~t 4uestion Tuesday, i+9arch ~~, zone. asst PM Prance 'txitter, Luht' <8ult~d.Ca[ttly-b~ch.ft.us~ Yoi dewnpuzxetra7AiY~~yaUara.rom lmagettQir~pq tzxB) Pas qow xe4uest, l3ti& is ti-te a-utail €~nm FIi3D regardn~g 4he fifty's TIDAG Agt Let ~ Irnow tE ~Itis ~Fs- Fr~nrr[d 1~pcrt, E13zatreth Sari 7u~y, March 11, zt10B 4:56 PM To: suer, I.~IIa 9ubf s~ 1'IM1f: l1D/1G C,rant Ql~stion iPrtarru Alpert< Etizaheth Sant: Ttat>~day, January Z2, Z#I08 4:Q2 PM To: &ttler, L~ia blr~jectx t~fl: U£JAC Grant Question Fe+om: tGanlih5kjr, i~vid ~rnalfCot~avlci.l~minsky~hud.gnv7 Sant; Tueedtry', ]anuary 22, ?A08 3.57 PM Sub,~ectti Riw uaAG ~ra~ QuesGlon The city satlsfted its QbligattAn #e HUD when it dosed the 53.8 mtl~nn loan at; per nequit~emente qi` tltn grant tagneerrtent beM~een HUD aEnd ttte dty. Otte aniy rernatning regeJirerrtent is that the tlrst time repaid fund$ ere used by the Cty they era spent an 7ikle I elig~le ectiuities_ The dly ls'lree to ~nrgive or r~estn~cture the debtas_ it wishes watt na requtremt:nt far HUD. approval. Ft~n; Aip~ ~tmbeth [magto:l#Ipert~~f.delt~t>mach,fl,us~ Sam Tuesday, ]anuaty 22, ~a©B 3:34 PM To: KeminSky, l?~trid 5ub~at~ Rl=: UDAG Grant Qu+esiton From, Alpert irllmbc#tt Serer FNdayr ~arruary ~8, 2l)08 2:23 PM Ta: 'd~id,l~r'nlnsictr~hudgo~ http:llas,rnc318.maul,Ya~-aa.r~ll~clshowMessage7~ In~ox&sart--tiste8cotd~dov~st». 3/~ 11~t708 FW: [Jl?ACir Graa# Question - Yahoos. Mail 9etbiacN UaRG Gram Questtan Page Z of ~ ll; ~~rid, La. Vary gusset', ~ CAA field.RcP, ga'vs use your contact iu~£am:atiazt is hopes that you might assist ate #a. answering ti-e followvirtg questxom: Ins 1989 the City of Delray l3ea~ch was ar~ar~d a $3.8 mi'llio~ clallar ZJrb~t Davaelop Action ([FDAt~) grert# in sappazt n£ -the de~tslopmeat c~ fhe ,1~ttbucn Trace, a 2S6 develcapm+ent of affordable reniai utrits, The went xequixed that the City loan these dAFlars tv the clevelop~dr, III]D ~praved the initial a~rsenl.~t Azad lean structmrs. Since that tine. #~ City l~ allvWed tl]e derrelr~ps~r ttl ~ the loan several times. The developer is novar askinng the City ~ fnrgiSre $1,5 nsillian and restructure the payback o£ the balaYtas bsse~ on.a ache~e o~ t'or e~ordablc town homes that wilt be cflnstxvctsd orrec the nit 5 years itt st~pozt of a new affordable rental complex that w~l be built on the egg s~ owaod by the Delray Beach dousing Autltvrity. "lhe ~uss#ian we have is whether or not this wil[ regit~te HCTD's apprnval7 'Your assistance is Y apprecia#:ecl. Best=ega3rds, 8lixabath E~i~abeth ~, A1~ert Neighborhood Services Admittisn'ator Citg of Delray Eeach 1#]D N.W.15t Avenue, Delray Eeactt, FI.3~G44 `I`e1: 56l 1~3-72$211~ax: abI-~~3-7'221 °~LM~ ~iQy~ ddlHt~hdltg ~O t~Rl' t~ ?JO~OGI~ d~it8 ~'. rt -J.IG~T OdICCA *~* eSafe sraz~ried this emaix gar maliaiova aanter~t *** +•+ IIdPC)1~TAk3'r: Dc> not op$n attaohuiexxta ~~cara unrecognized genders ~*~* *+'' eSa~e scanned this enta3.3. fox malicious content ~*'~ r~** It4PORTAN~: Do oat: opera att:.achments from nnreeagnized senders ~*'~* ltttp;llus.ma318.nyail.ygbon.comlmcJs}~awMessags7fid It~nsort---dats&nrdsr-dnwrt&~st... 311112flD$ MEMORANDUM TO: Mayor and City Commissioners FROM: Douglas E. Smith, Assistant City Manager THROUGH: David T. Harden, City Manager DATE: February 26, 2010 SUBJECT: AGENDA ITEM 9.C -REGULAR COMMISSION MEETING OF MARCH 2, 2U10 RE UEST FOR PROPOSAL RFP FOR PUBLIC SA~"ETY SOFTWARE ITEM BEFORE COMMISSION The item before the City Commission is consideration of a proposal from SunGard/Firehouse for the City's Public Safety Software System (RFP 2010-OS). BACKGROUND Our Police and Fire Departments are in need of new software systems to enable them run more efficiently. Our current system requires officer reports to be retyped in the Police Department after they are prepared in the field. The current dispatch system does not provide for closest unit dispatch based on vehicle location. Our Fire Department is also in need of a comprehensive system for their operations. RFP 2010-05 RFP 2010-05 for a Public Safety Software System {Computer Aided Dispatch, Records Management System, and Mobile Field Reporting) was developed jointly by City staff and the City's consultant for the project, Barry Struck. Proposals, which were apened in October 2009, were received from four vendors as follows: . The Wright Communications and Technology, Co -Total Cost: $625,000 . Hitech Systems, Inc. - Total Cost: $1 013,590 (with EmergngTechnologies Fire Software option; theyprovided a second option for Firehouse, but without Firehouse software included} . SunGard Public Sector, Inc. -Total Cost: $1,581,039.61 (with Firehouse Software) . Diversified Computer Systems, Inc. -Total Cost: $720,030 Initial Selection Committee Screening Meeting The City Selection Committee for the Public Safety Software RFP was: -Fire-Rescue Chief David James -Police Captain Tom Mitchell -Chief Information Officer Guy Buzzelli -Environmental Services Director Richard Hasko -Assistant City Manager Doug Smith The Selection Committee met on November 12, 2409 to select the vendors to invite for the software demonstration phase of the project. The Committee selected Wright Communications, Hitech, and SunGard for the vendor demonstration phase, while Diversified Computer Systems was not selected. The committee discussed Diversified's proposed RPG system (older technology) and the fact that some of the modules were still under development in Graphical User Interface mode. Vendor Demonstrations Vendor Demonstrations for the Public Safety Software RFP were held here in the City in December 2009. A group of over twenty-five {25) City staff members from the Police, Fire, and Environmental Services Departments participated in the demos. From the demos, staff felt that SunGard was far above the other vendors in its ability to meet our needs. Hitech did not have many Florida clients. CISCO did not have a Graphical Interface version of their CAD module completed yet. Staff commented that we would be better to remain with our current system than to move to CISCO. Regarding cost, staff commented that CISCO and Hitech would cost more in terms of staff involvement in the project. CISCO and Hitech were not well prepared to show the mapping capabilities of their software. Staff expressed concerns about the capability of CISCO and Hitech to convert existing data for the new system (SunGard has performed twenty-five (25) conversions from HTE to OSSI). Staff also commented that SunGard had an advantage in getting information out of the system and that end user reporting is easy to do. A summary of the results of the staff member written evaluations is attached. Selectioz~_Conn:~nnittee Ranking and Finalist Selection The Selection Committee met on December 22, 2009 to officially rank the vendors and select a finalist {or finalists). The Committee ranked the vendors as follows: Vendor Name Ranking SunGard Public Sector/ACS Firehouse Solutions Hitech Systerns/Emerging Technologies 2 Wright Communications & TechnologylCISCO 3 A more detailed breakdown of the Committee member's scoring is attached. The Committee selected SunGard as the sole finalist for conducting site visits and pursuing contract negotiations. SunGard and Firehouse will provide different aspects of the xequired software with SunGard provided elements such as Computer Aided Dispatch and Police Records Management and Firehouse providing Fire and EMS Records Managment, Training Records, etc. SunGard/Firehouse Proposal Cost vs. Budget The SunGardlFirehouse proposal cost as submitted on the RFP pricing pages was $1,581,039.51. However, the numbers submitted on the pricing pages were not correct. The corrected proposal cost is $1,388,809.61 which includes around $230,000 in hardware costs (hardware costs are being reviewed further by staff). The current budgeted amount available for the project is $1.15 million. Staff will review the proposal costs further to see what modules may not be needed, what adjustments can be made to number of licenses purchased, etc. to reduce costs further. Site Visits City staff and Barry Strock, conducted site visits during February 2010 to Coral Gables and West Pahn Beach to determine how the proposed software works in the field and to discuss their inaplennentation experience. Staff also visited the Town of Palm Beach because they recently converted from HTE (our current software for certain applications) to SunGard. Staff obtained valuable insight from these visits that will assist in moving through the contract negotiation and implementation process, if Commission approves. Some concerns were raised about maintenance support, which will be reviewed and addressed during contract negotiations. Comments from staff following the site visits included: SunGarcl (also refexred to as OSSI}: From a user stand point it is user friendly and accomplishes all that we require. Tlie amount of initial training seems to be an important matter, making sure that the users receive enough training from the start. Based on this site visit, I would say that as long as we have sufficient training and personnel to maintain the software, OSSI will allow for much more productivity throughout the department. Again I teamed with a sergeant with the investigative division who was extremely deft in utilizing the software. I was quite impressed with the functionality of the software. Currently I would have to open up four different programs to do the same thing that can be done in the one program. I felt much more comfortable after seeing the software work in West Palm Beach. Firehouse: Tlie most significant information I received was the total dedication of a person to manage the program in the fire department. I think this will be extremely important to the success any application we ultimately purchase. NOTE: We need to visit a site that uses the EMS application in Firehouse. Following the site visits, staff is prepared to enter contract negotiations with SunGard for their portion of the project. However, for the Firehouse software, the two sites visited were only using the Fire module and not the EMS module. Staff feels that it is important to visit a site using that is using the carnplete Firehouse system (Fire, EMS, and EMS billing modules) prior to commencing contract negotiations for their portion of the project. Staff requests Commission authorization for staff to enter contract negotiations with Firehouse following completion of a further site visit (or visits). RECOMMENDATION Staff recommends Commission approval authorizing staff to enter contract negotiations with SunGard and Firehouse for a new Public Safety Software system; contingent upon completion of an additional site visit for the Firehouse portion of the contract. Sumxxxary of City Staff Written Evaluations from Vendor Demos - Decetxiber 2009 Avera e Ratin s Based on Staff Dezxao Evals D M d l emo o u es Wri ht/CfSCO Hitech SunGard ~on~htiid I7olit;~/l~irt~ Mtcl~zles Nls~bilr. Cornr<<tin~ , ' , ',.~ si i -1.~ 3 Ad Hoc Rc~ orti~l~ ?-`I i '.1l) ~.?1 Police :Ms~th~les 1?alice 1ti1SS/LaCR ' l l =~,i~U x.93 Casc llian;F~~n~elt ~ .`i~ _'.!~;i! _x.00 CrimeAn~rl~sis - 1.~~ >?i) ~.()il Traffic/(:nation/Mobile Field "l.tSU L.UU 4.75 Reporting Y-rr~portj~ Matag~s»r~it ~.,_;€=F ~.`'i_i ~~.fi 1>i, uipment lnvet~tory ~.i,€ i ,.~[! ~l.ti;, ~zre ~~crdu~es;. . rzrc/EMS RMS _ ~;~)ri ~l.r~_1 ~. €~ ~ Fitc.~ctivit~ ~chedulc/Rc~~~~rt I.=,E~ -1.111.1 ;.'fi1 Fire ln~restigs[tioi~ ?.ai11 x.67 ~.!)(i Fire Marshal No ratings 4.33 4.UU submitted ].?ire Ti~sJiecton, 1?re-Ylar~s~ Ha~l~iat ,~.li~~ _ -- -1.~0 --- 1.:'~_~ Fire Trait~in~ Records ~ n+~ ~•l)C1 ~.~)(1 T`7rc F `tii meat ?.i )i 3 -1.'~'~~ 5.11(1 Note: • The above scores do not included demo evaluations from Selection Committee Members. • Some of the average scores in the table are based on only one (1) score, while others are an average of up to eleven (11) scares. The high score for each module in the above chart is indicated by bhie font. • SunGard clearly had the highest ratings for the Police demos and the combined Police/Fire demos. • The Fire module scaring shows more of a split between Hitech (their Fire sub-vendor is Emerging Technologies) and SunGard (their Fire sub-vendor is Firehouse). At the Decennber 17 meeting, Chief James indicated that he was more comfortable with Firehouse than Emerging Technologies. ~.a d} ~C/~ W ,Lr C~ cy O U 0 .~ i V A 0 .~ U G.~ i-i ~' c~ C/~ .~., a c 0 0 c~ 0 F~ bA ~, rl N M ~ ~ ~ „ lp am V~ 00 v ~ d ' M N ~ oo Do ,--~ l~ ~n ~D O ~ O v~ N ce3 ~ LD Vl y d v .~ ^~ ~ • W ~ , .,. ~ ~ `-O ~ ~ ~. ~ ~~ ~ o c~ W ~ O ~ ~ ,o '~ U o ~ ~ ~ '~ , ~ U ~ ~ ~ ~ 'aq a a~r3 ,y ~ ~ o U a ~ o .~ ~ ~ U ~` ~ ~ U '~ V a 0 N N N r-I Corrected SunGard Public Safety Pricing 0551 License Fees Professions! Services CAD $ 222,700.00 $ 94,500.00 RMS $ 251,845.DD $ 89,750.00 Mobile $ 714,155.00 $ 154,250.00 Internet $ 65,000.00 $ 14,200.00 Total before discount $ 1,253,700.00 $ 352,8DD.Dfl License Fee biscount $ 743,120.00 $ - Total after discount $ 510,580.00 $ 352,80D.D0 Total for OSSI $ 863,380.00 {License Fees and Professional Services) Data Conversion $ 42,000.00 $ 905,380.D0 T&L estimated $ 39,900.00 {Travel & Living Costs) Crywolf $ 40,20D.D0 {Alarm Billing Software) Firehouse $ 173,280.D0 Total Project $ 1,158,760A0 (Excluding Hardware) Plus Hardware $ 230,D49.61 (includes shippingy GRAND TOTAL $ 1,388,509.61 MEMORANDUM TO: Mayor and City Commissioners FROM: Richard J. Reade, Sustainability Officer DATE: February 26, 2010 SUBJECT: AGENDA ITEM 9.D. -REGULAR COMMISSION MEETING OF MARCH 2 2010 RE VEST DIRECTION ON A DESIGNEEIWASTE MANAGEMENT INC. ITEM BEFORE COMMISSION The City Commission is requested to provide direction and a determination of who will serve as the City's "designee" per the City's Solid Waste, Vegetative Waste and Recycling Collection Franchise Agreement with Waste Management Inc. of Florida (WM), Section 27. Access And Audits. BACKGROUND On January 26, 2010, the City Commission, during a Special Meeting, determined that Richard J. Reade would serve as the City's point person between the City and Waste Management Inc. of Florida {WM) as well as the Financial Review Board. At that time the Commission provided direction to Mr. Reade to conduct a review of the City's solid waste management program. This review, which is on- going, includes but is not limited to, 1. reviewing, documenting and implementing "checks and balances" to the City's business management processes, 2. ensuring that the City has received all Franchise Fees from WM for commercial and construction and demolition solid waste collection services and 3. identifying whether the City overpaid for residential solid waste collection services due to errors in the number of residential units in each of the four (4) service categories provided within the City. Upon completion of this review the City's Financial Review Board wiIl have the opportunity to review all documentation a~ad provide their comments. Further, the City Commission retains the option of selecting a "designee" to complete additional audit work, as determined, under the terms of the City's Solid Waste, Vegetative Waste and Recycling Collection Franchise Agreement between the City and Waste Management Inc. of Florida. Recently, City resident Ken MacNamee has expressed concern that he is unable to represent the City and review all billings, records, documents and business processes associated with the City's current Solid Waste, Vegetative Waste and Recycling Collection Franchise Agreement. Specifically, Mr. MacNamee, within his E-Mail dated Sunday, February 21, 2010, states: "What did WM say about the SWA contract provision that lets a "designee" like me audit WM's records on behalf of the City?" The City's Solid Waste, Vegetative Waste and Recycling Collection Franchise Agreement with Waste Management Inc. of Florida {WM}, Section 27. ACCESS AND AUDITS states that, "the Contractor (WM} shall maintain within Palm Beach County adequate records of solid waste collection and/or recycling services during the Fiscal Year and for one year following the end of each Fiscal Year of the Contract. The Authorit Cit or its deli nee shall have the ri ht to review all records maintained b the Contractor upon 24 hours written notice." Staff has been under the impression that Mr. Reade had been approved by the Corntrussion as the City's designee under the terms of the franchise. However, since Mr. MacNamee has coitinued to raise this issue, Staff is requesting that the Commission provide direction and a determination concerning who is the designee representing the City for review of WM records. RECOMMENDATION Staff is requesting the City Commission to provide direction and a determination on who will serve as the City's "designee" for review of service records per the City's Solid Waste, Vegetative Waste and Recycling Collection Franchise Agreement with Waste Management Inc. of Florida (WM), Section 27. ACCESS AND AUDITS. n~Mox~NDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: February 23, 2010 SUBJECT: AGENDA ITEM 9.E. -REGULAR COMMISSION MEETING Off' MARCH 2, 2010 APPOINTMENT TO THE DELRAY BEACH HOUSING AUTHORITY ITEM BEFORE COMMISSION This item is before the City Commission for an appointment to the Delray Beach Housing Authority. BACKGROUND The term for Mr. Morris Weinman, regular member on the Delray Beach Housing Authority, will expire on March 6, 2010. Mr. Weinman 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 March 6, 2014. Per Florida Statute, Chapter 421, an appointee may not be an officer or employee 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 andlor municipal liens was conducted. None were found. doter xegistration verification was completed and all are registered. According to Florida Statutes, members are appointed by the Mayor and ratified by the Commission. However, at the City Commission meeting of June 5, 1991, a consensus was reached whereby each Commissioner would, on an informal basis and according to the rotation procedure, make a recommendation to the Mayor as to the Housing Authority appointees. Based on this system, the recommendation will be made by Cotx~missionex Gray (Seat #4) far one (1) regular member to serve on the Delray Beach Housing Authority, for a four (4) year term ending March 6, 2014. RECOMMENDATION Recommend appointment of one (1) regular member to serve on the Delray Beach Housing Authority for a four (4) year term ending March 5, 2014. DELRAY BEACH HOUSING AUTHORITY EXHIBIT "A" Nayda Cottone-Ovadia (also applying for the Nuisance Abatement Board and the Green Task Force} Edward Desmond (currently sewing on the Public Employees Relations Commission} Philip Friedman {currently serving on the Nuisance Abatement Board) Pearl Markfield-Elrod George Maso Sandra Owens Alexia Rouquette Alan Weitz (currently serving on the Affordable Housing Advisory Committee) DELRAY BEACH HOUSiiNG AUTHORITY 4 YEAR TERM 600 N. Congress Avenue, Suite 3108 DelrayBeach, FL 33445 o~/o~ TERM REGULAR MEMBERS EXPIRES 07/14/2012 Joseph I Iepp, Vice Qiair Unexpired Appt ]0121/0$ 07/14/2010 SheIly Wei P APPt 04/07/09 07/14/2010 Sylvia Morris iJnexp ApptD7/10/07 07/14/2013 ShellyPetrolia Appto7/07/09 10/27/2011 Christel Silver Appt ~~/6/07 03/0&/2010 Morris L. Weinman, Chair ~ ~ os/ob/01 ItQappt 02/05/02 02/21/06 07/14/2010 Chou Aronson 1[]nexp Appt 05/19/09 Director: DorothyEllington Contact: Nina Levine 272-6766 X-21 /Jackie X-18 nlevine@ dbhaorg Housing Authority Fax 278-4937 272-7352 S/CaryClerk/Boacd 10/De]rayBeach Horrsiaig MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: February 23, 2010 SUBJECT: AGENDA ITEM 9.F. -REGULAR COMMISSION MEETING OF MARCH 2, 20].0 APPOINTMENT TO THE GREEN TASK FORCE ITEM BEFORE COMMIS5ION This item is before the City Commission far an appointment to the Green Task Force. BACKGROUND There is a vacancy on the Green Task Force due to alternate member, Mr. Edward Bispham, being appointed for regular membership. The term is unexpired ending July 31, 2011. On July 21, 2009, the Delray Beach City Commission adopted Resolution No. 24-09 establishing the Green Task Force to make recommendations to the City Commission regarding ways to improve the environmental sustainability of City programs, services, equipment and facilities; strategies for improving the environmental sustainability of the community; incentives for residents, businesses, and organizations to practice environmental conservation including recycling; proposed means to enhance water and energy conservation; ideas for promotion of tree planting and xeriscaping; best practices to be considered for implementation in Delray Beach, including long-term strategies; and proposed revisions to City ordinances to address Green technologies. The Green Task Farce consists of seven (7) regular members and two (2) alternate members. All members shall have expertise or an interest in environmental conservation and sustainability and shall be residents of or own property in the City, own a business within the City, or be an officer, director or manager of a business located within the City. 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 Iiens was conducted. None were found. Voter registration verification was completed and all are registered. Based on the rotation system, the appointment will be made by Mayor McDuffie (Seat #5} for one (1) alternate member to serve on the Green Task Force for an unexpired term ending July 31, 241 1. RECOMMENDATION Recommend appointment of one (1) alternate member to serve on the Green Task Force fox an unexpired term ending July 31, 2011. GREEN TASK FORCE EXHfB>(T "A" Chloe Bedenbaugh Alberto Chuecos Nayda Cottone-Ovadia Allen Huntington Laura Reines Annette Smith Wendy Smith Human Resources {currently serving on the Public Employees Relations Commission} Director of Operations Medical (also applying for the Delray Beach Housing Authority and the Nuisance Abatement Board) Finance Director/Special Events Coordinator Business Owner-Interior Design Health Policy Consultant (currently serving on the Nuisance Abatement Board} m.n n GREEN TASK FORCE TERMEXPIRES NAME & ADDRESS OCCUPATION 07/31/2010 Ana DeMelo Project Manager/Civil Appr oa/o~/os Engineering 07/31 /2011 David Hawke Architect ~>~ 08/o~/os 07/31/2010 Rita Johnson Bu~~nessOwner-CEO Appt as/o4/o~ 07/31/2010 Jayne King Master appr os/o4/o~ Gardener/E d~atar 07/31 /2011 Edward Bispham Consh~uction Appr 08/04/aJ alt Unexg Appt 03/02/~a reg 07/31 /2010 Nancy Schneider Planning Technician ~t aslo~lo9 07/31/2011 Yalmaz Siddiqui Environmental. Skrategy ~ os/o~/o~ Advisor ALTERNATE MEMBERS 07/31/2011 ~~ Vacant 07/31 /2011 Matthew O'Connell Busi~less Owner Appt QS/04/o9 S/City C1erklBoard lolGreen Task Porce CITY REPRESENTATIVES: Randal Krejcarek 243-7322 Rich Reade 243-7009 MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: February 23, 2010 SUBJECT: AGENDA ITEM 9 G -REGULAR COMMISSION MEETING OF MARCH 2, 2010 APPOINTMENT TO THE NEIGHBORHOOD ADVISORY COUNCII. ITEM BEFORE COMMISSION This item is before the City Commission for a student appointment to the Neighborhood Advisory Council. BACKGROUND There is a vacancy on the Neighborhood Advisory Council for a student member. The term is unexpired ending July 31, 2010. The Neighborhood Advisory Council was established for the purpose of maintaining broad-based community involvement with the residents, creating neighborhood outreach initiatives, enhancing communication, improving the aesthetics of the neighborhoods and identifying any potential threats to the stability of the neighborhoods. The Council consists of fifteen (15) regular and two (2) student members. Twelve (12) members are residents with two (2) selected from each of the six neighborhood zones, and three (3) at large representatives, who may be selected from a community civic organization, or the owner of a business located within a neighborhood zone interested in the enhancement of its surrounding neighborhoods. A map of the appointment zones is included for your review. The following individual has submitted an application for consideration and would like to be considered for appointment: Applicant Luke Eliopoulos Student A check for code violations and/or municipal liens was conducted. None were found. The applicant is a student and is not eligible to vote. Based on the rotation system, the appointment will be made by Commissioner Gray (Seat #4) for one {1) student member to serve on the Neighborhood Advisory Council for an unexpired term ending July 31, 2010. RECOMMENDATION Recommend appointment of one (1) student member to serve on the Neighborhood Advisory Council for an unexpired term ending July 31, 2010. 02110 NEIGHBORHOOD ADVISORY COUNCIL TERM EXPIRES DISTRICT NAME & ADDRESS 07/31/10 Zone1 H~rietMeltzel' UnexpApppt 02/16/2010 07/31/11 Zone 2 Laura Reines Unexp Appt 12/08/09 10/31 /10 Zone 3 Linda Laimence Leib une~ Apps 1D/17/o6 R 10/16/07 10/31 /10 Zone 4 Harold Van Alneln ~ 1o/16/m 07/31/11 Zane 5 Gail Lee McDerlx-atE Uciexp a3/03/08 Reapptl0/07/08 07/31 /11 Zone 6 Linda Prior Una A~ D2/2o/D7 ~ la/a7/as 07/31/11 Zone 1 Mr. Sal Cherch d Ji~exp Appt OS/18/09 07/31/11 Zone 2 Ma~Elizabeth Cohn Appt 1D/21/as 07/31 /12 Zone 3 Skirl Fields Appt10/17/D6 Rea t1D/06/09 07/31 /12 Zone 4 Isabel Make unexp Apps 1D/aa/o9 07/31/12 Zone 5 MatthewHartley Appt 10/17/Ob 10/06/09 07/31 /12 Zone 6 Joseph Kamarata, Chair Appt 10/17/O~i R~ 10/06/D9 07/31/11 At Large Williamll~Flner U~P APPt ~/~/~ esentative 07/31/11 At Large Patricia Westall Unexp Appt D~/19/05 Representative ReapptlD/25/05 R 10/D7/08 07/31 /12 At Large Margllerita Dov~nley Appt 10/06/09 1Z ~~~ 07/31/la stunt Vacant 07/31/10 Student Vacant Board lO/Neighbarhood Ad~isary Council MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: Febreary 23, 2010 SUBIECT: AGENDA ITEM 9 H -REGULAR COMMISSION MEETING OF MARCH 2, 2014 APPOINTMENT TO THE BOARD OF AD.fUSTMENT ITEM BEFORE COMMISSION This item is before the City Commission for an appointment to the Board of Adjustment. BACKGROL)ND There is a vacancy on the Board of Adjustment due to alternate member, Mr. Mel Pollack, being appointed for regular membership. The term is unexpired ending August 31, 2011. The Board of Adjustment consists of five (S) regular members. In addition, there are two (2) alternate members. To qualify for appointment, a person shall be either a resident of or awn property in the City, and/or own a business within the City. The following individuals have submitted applications and would like to be considered for appointment: Allen Kilik Harvey Starin A check for code violations and/or municipal liens was conducted. None were found. Voter registration verification was completed and all are registered. Based on the rotation system, the appointment will be made by Commissioner Fetzer (Seat #2) for one alternate member to serve on the Board of Adjustment for an unexpired term ending August 31, 2011. RECOMMENDATION Recommend appointment of one {1} alternate member to serve on the Board of Adjustment to serve an unexpired term ending August 31, 2011. BOARD OF ADJUSTMENT 4./10 TERMEXPIRES REGUI.,ARMEMBERS OCCUPATION OS /31 /2011 Sigurd~rr Hardester, won Manager Appt 10/05/04 ruiacp alt Reappt 08/7.6/05 alt Reappt oz/ob/a~ Unexp ~ 1tQappt D3/03/08 R 08/19/09 OS /31 /2010 Mel Pollack Sec»ity Apps as/l9/o9 alt ~ Appt m/16/gala ~ 08/31 /2010 Clifton 1VFlller Reared. Genera]. tlnexp Appt 10/05/D4 alt COntraCtOr i]nexp Appt D4/05/05 reg Reappt08I3110b Rea t 08/19/D8 08/31/2010 Dale 1VTller Interior Design Apps o9/as/Os 48/31/2011 Jess Sovuards Architect Unexp Appt 05/01/D7 alt Reappt 02/19/08 alt Appt 03/03/0$ reg 08/19/09 .ALTERNATES 08/31/2011 Bryce Nevaell Real Estate lip Amt os/31/Ds Dsn9/o9 os/31/2a~1 ~~~ vacant Contact: Venice Cobb x-7056 Send Agenda to: Al Berg, Donna Quinlan & Brian Shutt Fax final Board Order to Chairperson for signature. S/Ciiy Clerk/Board l OBoard of Adjustment MEMORANDUM TO: Mayor and City Coznznissioners FROM: David T. Harden, City Manager DATE: February 18, 2010 SUBJECT: AGENDA ITEM 10.A. -REGULAR COMMISSION MEETING OF MARCH 2 201© ORDINANCE N0.07-10 ITEM BEFORE COMMISSION This ordinance is before Commission for second reading and aquasi-judicial hearing to consider modification of Midtown Delray SAD (Special Activities District) Ordinance No. 46-07 to allow for a 1,088 sq. ft. increase in the floor area for the Midtown Medical Building, modifying the parking requirements for such S.A.D., and limiting the office square footage based on floor levels; and axnendzng the Land Development Regulations Section 4.4.25(G}, "S.A.D.s," Subsection (10), to reference Ordinance D7-1D. BACKGROUND At the first reading on February 16, 2D10, the City Commission passed Ordinance No. D7-1D. RECOMMENDATION Recommeod approval of Ordinance No. D7-10 on second and final reading. ORDINANCE NO. 07-10 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING ORDINANCE NO. 46-07 WHICH ESTABLISHED THE SPECIAL ACTIVITIES (SAD) ZONING DISTRICT FOR MIDTOWN DELRAY, TO ALLOW FOR AN INCREASE IN THE FLOOR AREA FOR THE MEDICAL OFFICE BUILDING, MODIFYING THE PARKING REQUIREMENTS FOR SUCH S.A.D., AND LIMITING OFFICE SQUARE FOOTAGE BASED ON FLOOR LEVEL; AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES, SECTION 4.4.25(G), "S.A.D.s," SUBSECTION (10), TO REFERENCE ORDINANCE 07-I0; 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 for 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 S 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 for the subject property described in Section 4, above, is hereby granted for a mixed use development including a ~1- 30,868 sq. ft i~c#ic~l office building limited to: a.____..__ either an Outpatient Surgical Facilit,~("OSF")/Ambulatory Surgical Center "ASC" ar rafessional offices on the first floor which first floor consists of 8 485 s care feet• and limited to 11,200 square feet of medical or professional office on the second floor; and limited to 11 183 s uare feet of medical or rofessional offices on the third floor. If the first floor is being used as an OSC or ASC, parking on the first floor shall be calculated at four spaces for each roam routinel used for sur ical rocedures lus ones ace for each staff meiriber• and ORD. NO. Q7-IO b. 84 market rate residential townhoxnes; and c. 32 workforce residential townhomes. Section 3. That Section 6 of Ordinance 46-07 be, and the same is hereby amended to read as follows: That the development of the property described in Section 4 awe of Ordinance 46-07, shall be in accordance with the site and development plans known as Midtown Delray as on ig na11X approved by the Site Plan Review and Appearance Board or City Cozxzrr~ission and except as modified by the Midtown Medical Building site plan approved b_y the Site Plan Review and A earance Board on Februa 24 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: {~}~ Midtown Delray, Ordinance No. 46-07, modified by Ordinance_07- lo Section 5. That Section 4.4.25(6), "S.A.D.s", 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: (10) Midtown Delray, Ordinance No. 46-07, modified by Oz~dia~~ance 07-1 Q. Section 6. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 7 . 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 whale or part thereof other than the part declared to be invalid. Section 8. That this ordinance shall become effective immediately upon its passage on the second and final reading. ORD. NO.07- ] 0 PASSED AND ADOPTED in regular session on second and final reading on this the day of , 20IO. MAYOR ATTEST City Clerk First Reading Second Reading oRa. rro. o~-~ o Page 1 of 2 MEMORANDUM TO: Mayor and City Commissioners FROM: Candi Jefferson, Senior Planner Paul Dorling, AICP, Director Planning and Zoning THROUGH: City Manager DATE: February 10, 2010 SUBJECT: AGENDA ITEM 12.A -REGULAR COMMISSION MEETING OF FEBRUARY 16 2010 ORDINANCE N0.07-10 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 1,088 sq. ft. to an existing 29,780 sq. ft. medical office building (total of 30,$68 sq. ft.}. The request also includes elimination of five (5) parking spaces, the provision of eight (8) additional handicap spaces, installation of an emergency generator, and modification of the allowed uses to add an option for medical or professional office use on the second and third floors and restrict the first floor to either an Outpatient Surgical Facility (OSF}/Ambulatory Surgical Center or professional offices. The ordinance also establishes a new parking requirement For outpatient surgical facilities based on AHCA (Agency of Health Care Adminstration} standards for ambulatory service centers. BACKGROUND On September 17, 2007, the City Commission approved a SAD modification request for Blood's Grove which included a new mixed-use developxr~ent known as Midtown Delray containing l lb townhouse units and 29,571 square feet of medical offices. The medical office building is under construction on the site. On, December 21, 2009, the Planning and Zoning Board recommended the City Commission approve modifing the SAD Ord. No. 46-07 by adopting Ord. No. 04-10 to allow expansion of the Medical Office Building to add an additional 1,088 sq. ft. for a total of 30,$68 sq. ft. At that time the development proposal included a request for a ten (10) space parking reduction pursuant to LDR Section 4.6.9(F)(1). On January 5, 2010, the City Commission recommended approval on first reading of the proposed changes to Ord. No. 46-07 (Ord. No. 04-10). The applicant has modified his request and as a result the original ordinance has been withdrawn and a new ordinance is now under consideration. The modified request does not include any parking reduction as required parking is being met through limiting the allowed uses on the first floor to those which create less parking demand. (i.e. outpatient surgical httpa/miweb0011Agendas/Bluesheet.aspx?1temID=3041 &MeetinglD=233 2/18/2010 Page 2 of 2 facility or professional offices rather than medical offices}. If approved on the first reading the new development proposal will be reviewed by the Site Plan. Review and Appearance Board (SPRAB) on February 24, 2010, prior to second reading and adoption of proposed Ordinance 07-10. REVIEW BY OTHERS The Planning and Zoning Board considered the SAD modification request for Midtown Delray on December 21, 2009 and recommended approval to the City Commission by a vote of 6 to 0. RECOMMENDATION Move approval of the modification to Blood's Grave SAD Ord. No. 46-07 by adopting Ord. No. 07-10 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. httpa/miweb001/Agendas/Bluesheet.aspx?Iten2iD=3041 &MeetinglD=233 2/18/2010 qee, sal 3e ems oa M.xS aria r`+4"L Seas iF~e-v. 16[Z) ~ J A V ~ ~C~ ~.l.Lil 1 1 Y Q.1/l~ T~ - ~` ` _ ?:aso-ars [e~a~,p a~ r.~ =~uaes. Krve ~ g _ -- ~ ~~ w`a° °~ ~,~ Z1F1 varucr~a ~~.%%~05 ri~~aa vuava ~ ~ ~I'>M'IDI~~HId~~Q ~~x~z~a Nmaralr~ ~~ ~~ ~ ~ ___ _ _. a 'irt vuols ~ i ~ I ~ 67 ~ .v~s~ ...W.. ®a ~ rm ~ ~ ~ .. ~- 1 cg.' I e~` pJeA84nOg uaqul7 - ~ :~ ~ ~s ~ x ., a? ~ ~ ~ ; ~ ~ Sze ~d a :a x --._ ~ I`-'k i _~- i a i I~i J r t ~~ r f-a I ~~~ ~ I~~s~~ - 3r. ~cF a a as 4n 1 ~l~~ -~.~.. ~-- I I r i[" ~ I i ca ~ - G ~ s`-'1_ E ---~ 1 1 T~; ~ ~ _ ^"' F II J ~ '3 GL". ~~f+l~Yl' A~i ~ 1~~1 L 1 ~-~f I 1 ~ .y ~~.. a ~ .s ~tl ' _.._~I 1 ~,~"'~~r~l IIEIIIi ~~. =~ fi4+ ~~M ~f li € } ~+; t~ ~'t *~~, ~~~ @ 3~Y m~ 6 ~ ~y* k ~' [~'~ L~ •C°. J 1 ICI ~1 44 r~ ~F~ ~ `__~ d q t ~~ I ~F .... Sri CC 9 ;~ ~ -._ r Ylw ~. ,, l i ~F, ~d~~ ~ ~ , ~ ~ gEgEq j~ ~ ~~ ~ , ~ ~.... $d J ur ~ ~ L , ' f y~ o "~.~ sa4 0~ ~~ ~R '.u--_ ;bb-~'9,'3- ~,~+ ~'3 ~ ~ - I ~ ~ ~' ~~i~, ~~ ~ .~~~r Fi i ~~ ' a ¢C~ .. y ~ ~~~~° ~ k g. 1 ~... ~_ ~ i.; 1 Ili R ~E ~ ~E 3 ~a~ ea _. ._ °., _ r 7-- ~ ~ 4 .x.-..~ I ~ ~ ~ F L ~-ri r' 1 ~ .- ,11~~~~ ~ ~ ll J J T I "~".. y ,... - nf~.• 11 ~ `.:'~f~ * ,il- I i. - "'' rl i i~ rim { I -~~?1 ~ .~~1 ~ 3 3a s~ 3F$3 `a3 ~ ~~ ~'~ ~- "1~~. z' ~ I 'I i..f!~ Il,_, ~ ~,..~~ ~ i~3i ~ ~~~ .}e~ 1 €~~Er cE ~Z-~F r~ @ t ~--, C r i .r w'J--, ~.'; *, I spy ~: r i1' T~ { ~ .~~._ _ ~ `€ ~ _r~~~r i~; ..fir s.~ ~ i_ a ~ I . l~ Igo ~ ~ 1 s jI~ i _-, r ~-- ,~° - 4., rr ~~ {-., ~~I ~ -~~r I p?~. r r f. ~ v ~_ N [ r r~ ~ ~~~ s ~ `~ _ -~ r I~~ ~i ~ a - ~ ~ J r ~~ ~ ; ~ ~ ~ ~ -~~ -`9s' ~. 4 i QP @ e~ .Y F ; Y 3 Zi d~ UQ _~ ' tr JJ ~ tt ~,lr l ~ ~, ~~ ~~ F ~c ul~~ } ~ ~ ~" 1 ~ ,~ ,r' I '~ -- j y J : ~ i:: ~y _ I ~ ;~ I _ ' ~/ ~ , I` /_ r ~~~ f J~ 14. ~ Y ~ !// f ~ jai ~ ~~~ ~ ~ ~ :" ~ .~1I 1 i _ ~ Y~.fl'~f - ~-,N/~~ ~ J ~ ~ ~~a~ 1~ ?~ ~_ s ~ r ~` ~ c i Ir 1 ~ e l y .~ ~ _ _ ~ ~ 4 ~ govt _ ~ ~ ~y a e I; C a ~.. f I ,f ~ ,~, 1S~~tl -1 /~ i ~ "a e_ac ~~~ Y^.se ~~ r ~ _~I}'' F k. ?FLI'~i.yT 1tJ ., ~~ _~"9~ ! t p i 1~ ~ Y_ II I ti ~h ~~ ~~ ~~ ~ I r ~ + Z O y i`}~i s -1' a s i I#~~~ u.!'1 r t r F ~ R 3 t ~ gq '~ : 1 t ~i'~ 1 i t~ T~ ; ~ r F N ~ X y c4 s~ t 1^ r { ~ s~ ~3 I ~ k as ~ ~ y ~^ ~ ` ~ r fir. ~ ~ ~~ 11;5c t 'ra € lE~l~'li jl'.~ia ~z xxfi~r ',.~ hli~ I lY fa_~.~ ~ ~~ n a y 1 'k: 0.m ~ - '~r ~ i 1. ~.~~ Ilia. ~ i° ,.;; ~ 14 ~ 1 ~~ e i is > ilia a ~ ~ ~ ~ i ° i ~f`~ ~ _. .'M1~ ~ r _ -~S 5. ~ ti Ea r I ~~~ I ~ €a~ ` _ _ L~ I I $ ~ ~NINOZ 1N321 EZ~~ ~ y 3 ?~ l F. U -- 0/GlTAL BASE MAP 51'S7£hf -- MAP REF: 5:\PSonning & Zoning\DBMS\F33e~Cab\Z-LM 1001-1500\1311154_Midtawn Medical 9dllding -- MEMC7RANDUM ~, ~~ TO: Board of Trustees, Delra Beach Ci Police and Y tY Firefighters Retirement System FRAM: Alison S. Bieler, Esq., Assistant Board Attorney GG: Stephen H. Cypen, Esq., Board Attorney Karen Schell, Pension Administrator, City of Delray Beach RE: Richard Vurchio; Alexander Batista; Gayl Nye; Stephanie Thompson; Andrew Neithaus; and Ivery Williams DATE: July 7, 20fl9 At the Board's request, we have reviewed circumstances surrounding the payment of pension benefits to each of the above-named members of the Police and Firefighter's Retirement System ("Plan"}. As part of our review, we examined documentation provided by the City for each of the six individuals. We recommend that the Board take the following actions as set faith below. 1. Richard Vurchio Back rr~arand. Mr. Vurchio was hired on January 5, 199fl and terminated employment an September 20, 2006 with sixteen years and eight months of continuous service. Mr. Vurchio requested and received a refund for the portion of his contributions far the Optional Enhanced Multiplier because he had not completed twenty {2fl} years of continuous service at the time of his separation. The City advised Mr. Vurchio that his pension benefits would begin an January 5, ------~-8~-0;-the-fafore-dat€-where-wauld~aaV~a.btained~.we_r~y ~(~O~years of continuous City_ service had he elected not to terminate his employment. The City's advice to Mr. Vurchio was based upon its misunderstanding and misapplication of Section 33.62 of the Plan. The City subsequently wrote to Mr. Vurchio on November 14, 2008, acknowledging its error. Mr. Vurchio Then responded that he had relied to his detriment on the City's misrepresentation of fact as to when his retirement benefit payments would begin. Recommendation. Because Mr. Vurchio relied on the City's misrepresentation of fact, the City and the Board are equitably estapped from denying his eligibility for retirement benefit payments beginning on January 5, 2010. Therefore, the Board should approve Mr. Vurchia's eligibility for normal retirement benefits beginning on January 5, 201 Q. Branca v. City of Miramar, 634 Sa 2d fi04 {Fla. 1994}; Kuge v~Qept. of Admin. Div. Of Retirement, 449 So. 2d (389} {Fla. 3`~ DCA 1984}. ~~,, ''a~~-~'Z.~) ~ t~ 2. Alexander Batista Background. Mr. Batista was hired on July 30, 1990 and terminated employment on January 3, 2002 with eleven years and five months of continuous service. At the time of his separation, the Gity advised Mr. Batista that his pension benefits would begin on July 30, 2010, the future date when he would have obtained twenty {20} years of continuous City service had he elected not to terminate his employment. The Gity's advice to Mr. Batista was based upon its misunderstanding and misapplication of Section 33.62 of the Plan. The Gity subsequently wrote to Mr. Batista on November 14, 2008, acknowledging its error. Recommendation. Because of the Gity's misrepresentation of fact, the Gity and the Board are equitably estopped from denying Mr. Batista's eligibility far retirement benefit payments beginning on July 30, 2010. Therefore, the Board should approve Mr. Batista's eligibility for normal retirement benefits beginning on July 30, 2010. Branca v. Gity of Miramar, 634 So. 2d 604 {Fla. 1994}; Kuge v. Dept. of Admin., Div. Of Retirement, 449 So. 2d {389} {Fla. 3`d DGA 1984}. 3. Gaul NYe Background. Ms. Nye was hired on May 14, 1990 and tem-~inated employment on April 19, 2002 with eleven years and eleven months of continuous service. At the time of her separation, the Gity advised Ms. Nye that her pension benefits would begin on May 14, 2010, the future date when she would have obtained twenty {20} years of continuous Gity service had she elected not to temlinate his employment. The Gify's advice to Ms. Nye was based upon its misunderstanding and misapplication of Section 33,62 of the Plan. The Gity subsequently wrote to Ms. Nye on November 14, 2008, acknowledging its error. Recommendation. Because of the City's misrepresentation of fact, the Gity and t~e~Boa~ci_are__equitahly estopped from denying Ms. Nye's eligibility for retirement benefit payments beginning on May 14, 2010. Therefore, the Boar sou approve Ms. Nye's eligibility for normal retirement benefits beginning on May 14, 2010. Branca v. City of_Miramar, 634 So. 2d 604 {Fla. 1994}; Kuge v. dept. of Admin., Div. C?f Retirement, 449 So. 2d {389} {Fla. 3`~ DGA 1984}. 4. Stephanie Thornpsan Background. Ms. Thompson was hired on December 19, 1994 and terminated employment on April 13, 2007 with twelve years and three months of continuous service. Ms. Thompson requested and received a refund for the portion of her contributions for the Optional Enhanced Multiplier because she had not completed twenty {20} years of continuous service at the time of her separation. 2 t At the time of her separation, the City advised Ms. Thompson that her pension benefits would begin on December 19, 2014, the future date when she would have obtained twenty {20} years of continuous City service had she elected not to terminate his employment. The City's advice to Ms. Thompson was based upon its misunderstanding and misapplication of Section 33.62 of the Plan. The City subsequently wrote to Ms. Thompson on November 14, 2008, acknowledging its error. Recommendation. Because of the City's misrepresentation of fact, the City and the.Baard are equitably estopped from denying Ms. Thampsan's eligibility far retirement benefrt payments beginning on December 19, 2014. Therefore, the Board should approve Ms. "fhompsan's eligibility for normal retirement benefits beginning on December 19, 2014. Branca v. City of Miramar, 634 So. 2d 604 {Fla. 1994); Ku e v. Dept. of Admin., Div. Of Retirement, 449 Sa. 2d {389) {Fla. 3~d. DGA 1984). 5. Andrew Heithaus Background. Mr. Neuhaus was hired an June 26, 1984 and terminated employment on November 7, 2001 with seventeen years and four months of continuous service. At the time of his separation, the City advised Mr. Heithaus that his pension benefits would begin on June 26, 2004, the future date when he would have obtained twenty {20} years of continuous City service had he elected not to terminate his employment. The City's advice to Mr. Heithaus was based upon its misunderstanding and misapplication of Section 33.62 of the Plan. On May 2, 2004, the City s~rbmitted a request to the Board to approve Mr. Haithaus' normal retirement. The Board approved his retirement and Mr. Haithaus is currently receiving retirement benefits. Recommendation. Because of the City's misrepresentation of fact, the City and the Board are equitably estopped from denying Mr. Heithaus' continued, receipt of retirement benefits. Since the Board has already approved Mr. Heithaus' retirement, there is nothing further far the Board to do at this time. Branca v. City of Miramar, 634 So._..2c~6~~{_~la. 1994 ; Kuge v. Dept, of Admin. Div. Of Retirement, 449 Sa. 2d {389} {Fla. 3'~ DCA 1984). - 6. Iverv Wiiliarns Background. Mr. Williams was hired on January 9, 1984 and terminated employment on November 8, 2002 with eighteen years and nine months of continuous service. At the time of his separation, the City advised Mr. Williams that his pension benefits would begin on January 9, 2004, the future date when he would have obtained twenty {20) years of continuous City -service had he elected not- to terminate his employment. The City's advice to IVir. Williams was based upon its misunderstanding and misapplication of Section 33.62 of the Plan. tJn December 15, 2003, the City submitted a request to the Board to approve Mr. Williams' normal retirement. The 3 4 Beard approved his retirement and Mr. Williams is currently receiving retirement benefiits. Recommendation. Because of the City's misrepresentation of fiact, the City and the Board are egt,iitably estopped from denying Mr. Williams' continued receipt of retirement benefits. Since the Board has already approved Mr. Williams' retirement, there is nothing further far the Board to do at this time. Branca v. City of Miramar, 634 So. 2d 604 Fla. 1994); Kuge vv. Deft. of Admin~, Div. Of Retirement, 449 So. 2d (389) (Fla. 3`~ DCA 1984). 4