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04-06-10 Regular Meeting
City of Defray Beach Regular Commission Meeting RULES FOR PUBLIC PARTICIPATION 1 1. PUBLIC COMMENT: The public is encouraged to offer comments with the order of presentation being as follows: City Staff, public comments, Commission discussion and official action. City Commission meetings are business meetings Tuesday, April 6 2010 and the right to limit discussion rests with the Commission. Generally, remarks by an individual will be limited to three minutes or less. The Mayor or Regular Meeting 6:00 p.m. presiding 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 Hail section. S. 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 shauid sign iri on the sheet located on the right side of the dais. If you are not able to do so prior to the start of the meeting, you may still address the Commission on an appropriate item. The primary purpose of the sign-in sheet is to assist staff with record keeping. Therefore, when you come up to the podium to speak, please complete the sign-in sheet if you have not already done so. 3. ADDRESSING THE COMMISSION; At the appropriate time, please step up to the podium and state your name and address far the record. All comments must be addressed to the Commission as a body and not to individuals. Any person malting impertinent or slanderous remarks or who becomes boisterous while addressing the Coxnznission shall be barred by the presiding officer from speaking further, unless permission to continue or again address the Commissinn 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. 10D IVW 1st Avenue Delray Beach, Florida 33444 The City will furnish auxiliary aids and services to afford an individual with a disability an opportunity to participate in and enjoy the benefits of a service, Phone: (561) 243-7000 pro~~~ or activity conducted by the City. Contact Doug Smith at 243-701Q, Fax: (561) 243-3774 24 hours prior to the event in order for the City to accommodate pour request. Adaptive listening devices are available for meetings in the Coszunission Chambers. ROLL CALL. 2. INVOCATION. 3. PLEDGE OF ALLEGIANCE TO THE FLAG. 4. AGENDA APPROVAL. 5. APPROVAL OF MINUTES: A. March 11, 2010 -Special/Workshop Meeting B. March 16, 2010 -Regular Meeting G March 25, 2010 -Annual Organizational Meeting 6. PROCLAMATIONS: A. National Public Safety Telecommunicatoxs Week -April 11-17, 2010 B. Arbor Day/Earth Day -- April 24, 2010 PRESENTATIONS: A. 21St Annual Delaire/Defray Citizens for Delray Police Charity Golf Tournament Presentation to Police and Fire-Rescue -Perry DonFrancisco 8. CONSENT AGENDA: City Manager Recommends Approval. A. HOLD HARMLESS AGREEMENT/LEONARDO J. RODRIGUEZ: Approve a Hold Harmless Agreement with Leonardo J. Rodriguez fox installation of patio in the City's right-of--way for the property located at 14897 Whatley Road. B. SERVICE AUTHORIZATION NO. 07-14 IViATHEW CONSULTING INC./MANGROVE PARK BOAT RAMP: Approve Service Authorization No. 07- 14 to Mathews Consulting, Inc. in the amount of $36,414.30for performance of engineering design, construction document preparation, permit acquisition and bidding/negotiation services fox the reconstruction of the boat ramps at Mangrove Park, Funding is available from 334-4174-572-63.90 {General Construction Fund: Improvements Other/Other Improvements). C. SERVICE AUTHORIZATION NO. 07-15 MATHS 5 CONSULTING INC. S.W. 12TH A NUE AUBURN AVENUE S.W. 14TH AVENUE: Approve Service Authorization No. 07-15 to Mathews Consulting, Inc. in the amount of $116,617.00 for the design of S.W. 12th Avenue/Auburn Avenue/S.W. 14th Avenue improvements. Funding is available from 3343162-541-68.04 (General Construction Fund: Other Improvement/S.W. 12th Avenue/Auburn/14th Avenue). 04/OG/2010 -2- D. CONSULTING SERVICE AUTHORIZATION KIMLEY-HORN AND ASSOCIATES INC.: Approve a Consulting Service Authorization with Kimley- Horn. and Associates, Inc. in the amount of $23,900.00 for soil. vapor monitoring of landfill gases at the Robert P. Miller Park athletic facilities. Funding is available from 334-4173-572-63.90 (General Construction Fund: Improvements Other/Other Improvements). E. CONSULTING SERVICE AUTHORIZATION WITH AECOM TECHNICAL SERVICES, INC./WORTHING PARK: Approve a Consulting Service Authorization with AECOM Technical Services, Inc. in the amount of $44,9$0.00 fox the design of Worthing Park. Funding is available from 334-4151-572-68.19 (General Construction Fund: Other Improvement/Worthing Park Improvement). F. RESOLUTION NO. 15-10: Approve Resolution No. 15-10 amending Resolution No. 24-09 which created the Green Task Force in order to change the name to Delray Beach Green Implementation Advancement Bward. G. DISASTER RECOVERY INITIAT DRI HOUSING REHABILITATION____GRANTLCONTRACT AWARDS. Approve one (1} Housing Rehabilitation grant award to the lowest responsive bidder for the project located at 1502 S.W. 3rd Court to CJ Contracting, LLC., in the amount of $33,412.55; and a revised award amount of $40,315.90 to Haywood Construction and waiver to exceed the maximum $40,000.00 grant award fox 228 S.W. 1st Avenue for housing rehabilitation under the Disaster Recovery Initiative (DRI) Program. Funding is available from 118-1960-554-49.19 {Neighborhood Services/Other Current Charges/Housing Rehabilitation}. H. HOUSING REHABILITATION GRANTJBID AWARD: Approve one (1) Housing Rehabilitation Grant bid award through the Community Development Division in the amount of $29,427.28 to Citywide Construction Services, Inc. (110 S.W. 7th Avenue). Funding is available from 118-1963-554-49.19 (Neighborhood Services: Other Current Charges/Housing Rehabilitation). L INDEPENDENT CONTRACTOR AGREEMENT: HOWARD S TT LUNSFORD: Approve an Independent Contractor Agreement between the City and Howard Scott Lansford to conduct background investigations for prospective candidates for police officer and non-sworn police employment. Funding is available from 001-2111-521-31.90 (General Fund: Law Enforcement/Professional Services/Other Professional Services). J. FUNDING RE UEST FLORIDA DEPARTMENT F TRANSPORTATION FDOT : Authorize staff to request funding from the Florida Department of Transportation (FDOT) in the amount of $34,041.00 to continue the implementation of a D.U.I. Enforcement program. K. AGREEMENT/HEALTH.. CAREER INSTITUTE (HC)[L: Approve an agreement with Health Career Institute (HCI} for the City to provide a clinical training site for EMT and paramedic students. 04/06/2010 -3- L. ACCEPTANCE OF DONATION~ANDRE FLADELL: Authorize approval to accept a.donation from Dr. Andre Fladell for the purchase of a Menorah. M. GOOGLE FIBER FOR COMMUNITIES: Approve authorization £ox the City's submission of an application for the Google Fiber fox Communities project. N. SPECIAL EVENT REOLTEST113th ANNUAL DOWNTOWN DELRAY CRAFT FESTIVAL: Approve a special event request to endorse the 13th Annual Downtown Delray Craft Festival sponsored by Howard Alan Events, Ltd. to be held May 29 - 30, 2010 from 10:00 a.m. to 5:00 p.m., to grant a temporary use permit pet LDR Section 2.4.6(F) fox the closure and use of N.W. 3rd Avenue from Atlantic Avenue north to the south entrance of Atlantic Grove and the Tennis Centex parl~ing lot and to provide staff support for traffic control and security, barricading and fire inspection services. O. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the per[od March 15, 2010 through Apri12, 2010. P. AWARD OF BIDS AND CONTRACTS: Bid award to Berg Demolition, Inc. in the amount of $28,235.00 for the demolition of five (5) structures. Funding is available from 118-1955-554-34.35 (Neighborhood Services: Other Contractual Service/Unsafe Bldgs/Structures). 2. Approval of emergency contract award to EIMCO Water Technologies in the amount of $2$,980.00 for removing and rebuilding the worm drive unit assembly on Clarifier #4 at the Water Treatment Plant {~JTP). Funding is available from 441-5122-536-34.90 {Water and Sewer Fund/Other Contractual Services), Purchase award to Bartow Chevrolet in the amount of $18,108.00 for replacement of one (1) 2010 Chevrolet Express 2500 Cargo Van with options and extended warranty. Funding is available from 501-3312-591-64.20 {Garage Fund: Machinery/Equipment/Automotive}. 4. Purchase award to CDW-Government, Inc. in the amount of $63,690.69 fox ten (10) Panasonic digital in-cat visual recording systems. Funding is available from 334-2111-521-64.90 (General Construction Fund: Machinery/Equipment/Other Machinery/Equipment) and 001-2115-521-64.20 (General Fund: Machinery/Equipment/Automotive). 04/06/2010 _~}_ 9. REGULAR AGENDA: A. WAIVER REQUEST/THE OFFICE RESTAU N"T; Consider a waiver request to Land Development Regulations (LDR) Section 4.4.13 (F}(4} "Development Standards", to allow encroachment into the required 5' setback (0' setback proposed} for buildings located in the CBD (Central Business District) along Atlantic Avenue for The Office Restaurant located at 201 and 203 East Atlantic Avenue. (Quasi Judicial Heating) B. WAIVER RE UEST MOUNT OLNE MISSIONARY BAPTIST CHURCH: Consider a waiver request to Land Development Regulations (LDR) Section 4.6.9 (D) (3) (c) (1), "Stacking Distance", to reduce the required stacking distance from 20' to 14.2' and 15.5' for Mount Olive Missionary Baptist Church parking lot located on the east side of N.W. 5t'' Avenue south of N.W. 1S` Street. (Quasi Judicial Heating) C. CONDITIONAL USE RE UEST 250 NORTH CONGRESS AVENUE: Consider a conditional use request to allow establishment of an autorr.~obile body and repair shop in Bays A and B of an existing warehouse building located in the Mixed Industrial and Commercial (MICj zoning district at 250 North Congress Avenue. (Qrxasi;J'udicial Heatrrlg) D. APPEAL HISTORIC PRESERVATION BOARD ACTION 14 SOUTH SWINTON AVENUE: Consider an appeal of the Historic Preservation Board's decision regarding a Certificate of Appropriateness associated with the installation of a free-standing sign on a contributing property located at 14 South Swinton Avenue. (Quasi Judicial Heating) (This item is now moot as the business has relocated to 4801 Linton Boulevard). E. INDEPENDENT CONTRACTOR AGREEMENT & LEASE AGREEMENT- EMPLOYEE HEALTH AND WELLNESS CENTER: Consider approval of an Independent Contractor Agreement with CareHere, LLC., to provide medical staff and services in the Employee Health and Wellness Center; and a Lease Agreement with Pineapple Grove Professional Center to secure an operating space far the facility. F. FUNDING ALTERNATIVES FOR ROBERT P. MILLER PARK: LITTLE FENWAY CONCESSION BUILDING: Provide direction regarding funding alternatives for replacement of the Little Fenway Concession Building at Robert P. Miller Park. G. SPECIAL EVENT RE UEST CHILLDUNGE NIGHT: Consider approval of Chillounge Night sponsored by Design O' Fresco Corporation proposed to be held on Friday, May 21, 2010 from 6:30 p.m. to 11:30 p.m. on the Old School Square Park site, to grant a temporary use permit per LDR Section 2.4.6(F) for the use of park and portions of N.E. 1st Avenue, to provide staff support for traffic control and security, EMS services, barricading, trash removal, event signage and a fireworks show; contingent upon staff's recommended conditions being met. 0~/OG/2010 -5- H. 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 appaintment will be made by Commissioner Frankel (Seat #3). I. APPOINTMENT TO THE NEIGHBORHOOD ADVISORY COUNCIL: 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 Mayor McDuffie (Seat #5). J. APPOINTMENT TO THE POLICE ADVISORY BOARD: Appoint one (1) regular member to the Police Advisory Board to serve an unexpired term ending July 31, 2011. Based upon the rotation system, the appointment will be made by Commissioner Fetzer (Seat #2). 10. PUBLIC HEARINGS: A. RESOLUTION NO. 13-10 CONTRACT FOR SALE AND PURCHASE/HSBC BANK USA/61G S.W. 9th STREET: Consider approval of Resolution No. 13-10 authorizing the City to purchase a foreclosed property located at 616 S.W. 9th Street, to be utilized fox affordable housing purposes; and approve a Contract for Sale and Purchase between the City and HSBC Bank USA in the amount of $90,000.00. B. RESOLUTION NO. 14-10/CONTRACT FOR _ SALE AND PURCHASE/WELLS FARGO/5288 N.W. 5a' COURT: Consider approval of Resolution No. 14-10 authorizing the City to purchase a foreclosed property located at 5288 N.W. 5~` Court, to be utilized for affordable housing purposes; and approve a Contract for Sale and Purchase between the City and Wells Farga in the amount of $130,000.00. STAFF HAS RE UESTED THIS ITEM BE REMOVED AS THE PROPERTYI5 NO LONGER AVAILABLE) 11. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS FROM THE PUBLIC- IMMEDIATELY FOLLOWING PUBLIC HEARINGS. A. City Manager's response to prior public comments and inquiries. B. From the Public. 12. FIRST READINGS: A. ORDINANCE NO. 08-10: Consider a city-initiated amendment to the Land Development Regulations (LDR} Section 4.6.14, "Visibility at Intersections", Section 5.3.1, "Streets" {rights-of--way), Section G.1.2, "Streets and Alleys", Section 6.1.3, "Sidewalks", and Section 6.1.4, "Driveways and Points of Access", to update current development standards to better reflect the City's efforts to encourage multiple modes of transpartation as well as providing a more reasonable and consistent application of sight visibility. If passed, a public hearing will be held on April 20, 2010. 04/06/2010 -G- 13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS. A. Cite Manager B. City Attorney C. City Commission POSTED: APRIL 2, 20'!0 a4/o~/aolo _~_ SPECIAL/WORKSHOP MEETING MARCH 11, 2010 A Special Meeting of the City Convxxission of the City of Delray Beach, Florida, was called to order by Mayor Nelson 5. McDuffie in the Commission Chambers at City Hall at 6:00 p.m., on Thursday, March 11, 2010. Roll call showed: Present - Commissioner Gary P. Eliopoulos Commissioner Fred B. Fetzer Mayor Nelson S. McDuffie Commissioner Adam Frankel Commissioner Angeleta E. Gray Also present were - David T. Harden, City Manager Brian Shutt, City Attorney Chevelle D. Nubia, City Clerk Mayor Nelson 5. McDuffie called the special meeting to order and announced that it had been called for the purpose of considering the fallowing Items. SPECIAL MEETING AGENDA 1. MUNICIPAL ELECTION RESULTS: Canvass the returns, and declare the results of the March 9, 2010 First Nonpartisan Election. Mx. Eliopoulos moved to approve the unofficial cumulative totals for each candidate for Commission Member/Seat #2, including all of the regular, absentee, and provisional votes as presented, and that it is hereby declared, based upon the above and foregoing unofficial results, that Fred B. Fetzer is elected as Commission Member/Seat #2, for a two year term commencing on the 25`'' dap of March, 2010, and ending in accordance with the City Charter. Pursuant to the City's Charter, Article V, Section 5.04(C), due to Angeleta E. Gray being unopposed, she is deemed to have voted for herself, and therefore is elected to Seat #4 fox which she qualified; and, therefore, elected to Seat #4 for which she qualified, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mr. Fetzer -Yes; Mr. Frankel -Yes; Mrs. Gray -Yes; Mayor McDuffie -Yes; Mr. Eliopoulos -Yes. Said motion passed with a 5 to 0 vote. 2. PRESENTATION OF CITY SPONSORED HEALTH AND WELLNESS CENTER VENDOR FINALIST: Consider authorization to negotiate a contract with the approved vendor as well as authorization to contract a lease agreement for space for the City's Health and Wellness Center. Bruce Koeser, Human Resources Director presented this item. He introduced the consultants from Gallagher Benefit Services, Inc., (GBS) Jodie Jupp, Glen Elyn, Glen Volk, and Don Titcomb. He stated that the Health and Wellness Center Advisory Committee made some visits to other municipalities that have Health and Wellness Centers in place. They also spoke with other City leaders, put a team together, and have had several vendor presentations regarding the Health and Wellness Center. The Health and Wellness Center would provide primary care, wellness coaching and dispense some comixxon generic prescriptions at no cost to the ezriployee. Tbis could potentially xesult in a cost savings for the City of Delray Beach, while also providing proactive health and wellness coaching, better access to care and a reduction in some out-of pocket medical expenses for employees. Jodie Jupp from Gallagher Benefit Services, Inc. also introduced GB5 team, Don Titcomb, Glen Elyn and Glen Volk, the Actuary. Ms. Jupp stated that they presented their findings to Commission in October of 2009, and were given the approval to send out a Request for Proposal (RFP} fox an Employee Health and Wellness Center. She discussed the summary of responses. They looked at combined experience and financial ranking factored in the following consideration: years o£ experience in the worksite medical center business; number of total clients (as well as those clients 3+ years); number and percentage of municipality clients, number and percentage of terminated clients and cost models and other expenses. She also discussed the combined financial and experience ranking which resulted in the vendors being ranked one through. The top three vendors as well as the ninth vendor gave a presentation to the Health and Wellness Center Advisory Committee. The consultants along with the committee narrowed the finalist down to two vendors to CareHere and Concentra. She talked about the expenses and returns between the two vendors, the estimated facility costs and operating casts (electric, water, cleaning, etc), additional cost estimated for imaging equipment, additional cost estimated for stress treadmill and audio testing, and additional cost for furniture and added exam rooms, etc. GSB team and the Health and Wellness Center Advisory Committee recommend CareHere as the vendor for the wellness and health center. The timelines and the next step, if the Request for Proposal (RFP) is awarded by the Commission is to begin vendor contracting by March 15''', discuss the facility lease commencement, and implementation expected to be 90 days with an expected opening date of June 1, 2010. Mr. Frankel moved to award the RFP to CareHere and to enter into negotiation and negotiate a lease agreement for the medical space as presented, seconded by Mrs. Gray. Upon roll caIl the Commission voted as follows: Mr. Frankel -Yes; Mrs. Gray -Yes; Mayor McDuffie -Yes; Mr. Eliopoulos -Yes; Mx. Fetzex -Yes. Said nnotion passed with a 5 to 0 vote. 3. CONSULTING CONTRACT/BARRY STROCK CONSULTING ASSOCIATES ,~BSCA~ INC.: Consider approval of a consulting contract with Barry Strock Consulting Associates {BSCA), lne. in an amount not to exceed $15,200.00 for assistance with contract negotiations for the City's procurement of public safety software systems. Funding is available from 334-2111-521-66.10 (General Construction Fund/Books/Publications/Sohware). Douglas Smith, Assistant City Manager presented this item. He discussed the hourly rate of $150 per hour for services provided under the contract plus travel expenses at a flat rate of $1,800 per trip up to three trips to Delray Beach ox the vendor's offices. The total amount of the contract is $15,200, unless the City provides authorization far additional billable time of travel. Discussion ensued between Commission and staff regarding contract negotiations for the City's procurement of public safety software systems. It is the consensus of the Commission to make this a der diem instead of a flat rate per staff recommendations. Mayor McDuffie suggested making the response to the RFP part of the contract. Mr. Fetzer moved to approve the consulting contract with Barry Strock Consulting Associations 2 March 11, 2010 (BSCA), Inc. with changes in language as presented, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mrs. Gray -Yes; Mayor McDuffie -Yes; Mr. IJliopoulos -Yes; Mr. Fetzer -Yes; Mr. Frankel -Yes. Said motion passed with a 5 to 0 vote. 4. NOTE MORTGAGE MODIFICATION AND SUBORDINATION AGREEMENT - AUBURN TRACE LTD.: Consider appxoval of the of the final draft of the Note, Mortgage Modification and Subordination Agreement between the City of Delray Beach. and Auburn Trace, Ltd. Brian Shutt, City Attorney presented this item. He stated that at the March 2, 2010 Commission meeting, the Commission approved the Note, Mortgage Modification and Subordination Agreement subject to changes to the Agreement. The changes were the removal of the one million dollar loan forgiveness language, addition of the exact dollar the UDAG loan would be subordinated to $4,750,000.00, and an end date for the closing of the construction loan of April 30, 2010. Auburn Trace Ltd. has made the requested changes and upon approval by the Commission a final copy of the Agreement shall be executed by both parties. Mr. Frankel moved to approve the Note, Mortgage Modification and Subordination Agreement with Auburn Trace Ltd. with the changes as presented, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mayor McDuffie -Yes; Mr. Eliopoulas --Yes; Mr. Fetzer -Yes; Mx. Frankel -Yes; Mrs. Gray -Yes. Said motion passed with a 5 to 0 vote. Motion to approve the Mayor McDuffie adjourned the Special Meeting at 6:51p.m. wORKS'HOP AGENDA 1. Green Task Force Presentation (Item Moved to WS.2) Yalmaz Siddiqui, Chairman of the Green Task Force (GTF) conducted a PowerPoint presentation providing Commission with a status update and recommendations related to the City's sustainability efforts. He discussed some of the implementation successes related to the recommendations in the Green Task Farce Report from ~anixary 2009, proposing to rename the Green Task Force to the Delray Beach Green Implementation Advancement (GIA) Board, specific environmental metrics for the City, and specific set of projects for implementation. Mayor McDuffie stated name change is appropriate to do. Ms. Gray commended the Green Task Force on their work and looks forward to the seminar. She asked how seminars would be funded and what could be implemented first. Mr. Siddiqui stated that the GTF role is to recommend things that would help the City overall. The notion of low cost seminars as well as building on to existing things, or hosting trainings for staff that does not need to cost much, simply bringing people together in a venue that the City owes to talk about different topics. The Sustainability Officer will work with Commission, specific department heads and Human Resources to decide an the trainings. Mr. Frankel thanked GTF for their presentation. He stated that he has no objection to the name change. He recommends posting the presentation on the GTF website. Mr. Fetzer stated that the name change is appropriate. He would like the GTF to have periodic Marck~ 11, 2010 meetings with the Commission. Mr. Eliopoulos thanked the GTF for their presentation. Measurements are going to be the key, especially in this environment. He liked the education component. Discussion continued between staff and the GTF. 2. Parking Study Valet Parking Review {item Moved to WS.1) Scott Aronson, Parking Management Specialist presented this item. He stated tliat at the December 1, 2009, Commission meeting during the deliberations of a request from Tramonti's Restaurant to establish a valet queue, the Commission had expressed interest in assuring that the Parking Study had some review of the valet program and to what depth. He spoke with the consultant and the original RFP included some review, but it was mostly with the contract and liability insurance; there was not in depth program. He discussed the proposed scope of services from the consultant outlining a comprehensive review (City Valet Operations) and pricing for additional tasks to be performed. The eight ($) tasks are as follows: 1) Review current city valet ordinance; 2) Conduct interview with stakeholders; 3) Gonduct interview with valet operators; 4) Review/survey existing valet operations to include such items as location of valet in respect to destination, number of vehicles served by location, size (number of vehicles} of staging area, location where vehicles are stored, time to xeturn vehicle to patron, cost, dress of valet attendants, appearance of valet stands; 5} Review and identify potential locations for additional valet operations and/or reduced valet operations to serve as "supex valet" locations servicing multiple businesses; 6) Conduct public meeting to discuss findings and alternatives/improvements to existing operations and city ordinance {meeting prep/exhibits); 7) Determine how the valet program will interface with a £ee based program if one is instituted; and $) Develop recommended modifications to the City's parking policies and xegulations that are consistent with best parking management practices. The estimated cost for this task is X17,210, inclusive of expenses. Staff recommends tasks 4, 5 and 7 because they would be mast appropriate for what is needed. Discussion ensued between staff and Commission to have a complete Parking Study done. Commission suggested that some level of valet should be included in the Parking Study report. 3. Discussion regarding Downtown Marketing Cooperative and Downtown Development Authority (Addersdum} David T. Harden, City Manager, introduced this item. He asked Commission if they are willing to bring Downtown Development Authority (DDA) staff and Downtown Marketing Cooperative {DMC} staff into the City organization, housing them in City Hall subject to negotiation of acceptable agreements from all parties. Mr. Eliopoulos stated that he is not sure where he stands with this proposal. He is concern with how we need to have representation from each partnership if they are still going to be boards. Commissioner Fetzer stated that the City have had a great success. He has no problem with trying to look at a new organization with setup to accomplish this. He is concern that we do continue with the successes that we have had. He stated that we need to look at the cost, the organization and try to come up with a plan. 4 March 11, 2010 Ms. Gary stated her concerns are hiring new employees with the new budget, cutting jobs and also putting more work on the current staff She asked haw would the Assistant City Manager Mr. Barcinski handle the extra duties of more staff, making sure that the DDA and DMC reports to him, and that they do what is requested by the Commission as well as manage their staff. Mr. Barcinski spoke in reference to the communtcation. He stated that with the City functions, he works very hard with these organizations to make sure things are coordinated and communicated. Ms. Gray discussed Downtown area and would like it to be extended to include West Atlantic Avenue. Mr. Harden reiterated that the Community Redevelopment Agency (GRA) is funding this position, and it is important that the CRA spell out their expectations in the agreement if they are going to continue to fund the position. If they became City staff, the Commission will have a lot more to say about what gets done. Currently City staff has no ability to give direction as to what gets done with the DDA or DMC. Mr. Frankel suggested that in the future the agendas should be posted online earlier for Commission sa that they have the opportunity to perform their due diligence; the weekend is not enough time. He stated that this troublesome because of all the activities that we have on the Avenue. He is concerned with moving the DMC/DDA staff into City Hall. Mr. Jay Alperin addressed why this item was before Commission. He spoke reference the DDA giving notice of leaving the DMC. He stated that the DDA brought this before the Commission and not the DDA. Mr. Alperin discussed the reviews. Mike Malone spoke reference wanting to see the events and activities continue. Mr. Fetzer stated that he is in favor of hearing a proposal from the Chamber of Commerce, DDA and CRA about what direction they would take on this issue and make a decision from there. Mr. Eliopoulos concurs with Mr. Fetzer. He would like to see staff come up with some other alternatives. Mayor McDuffie stated that he sees this as a challenge and opportunity. He is concerned with the six (6) people of equal authority. He does not want the Commission to deal with this with paralysis: He is open to hear other ideas but does not want it dragged out. 5 March 11, 2010 Seabron Smith spoke but not on behalf of a DDA board member. He feels this is an opportunity to address management and authority of position. It was the consensus of the Commission to bring back at the March 25, 2010 Organizational Meeting. Mayor McDuffie adjourned the Workshop Meeting at 9:03 p.m. City Clerk The undersigned is the City Clerk of the City of Delray Beach, Florida, and the inforr~iation provided herein is the Minutes of the Special Meeting of the City Commission held nn Thursday, March 11, 2010, which Minutes were formally approved and adapted by the City Commission on April G 2010. City Clerk NOTE TO READER: If the Minutes you have received are not completed as indicated above, this means they are not the official Minutes of the City Commission. They will become tlxe official Minutes only after review and approval, which may involve amendments, additions or deletions to the Minutes as set forth above. -+ 6 March 11, 2010 MARCH 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 6:03 p.m., Tuesday, March 16, 2010. 1. Roll call showed: Present - Commissioner Gary P. Eliopoulos Commissioner Fred B. Fetzer Commissioner Adair 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 Lanelda D. Gaskins, Deputy City Clerk 2. The opening prayer was delivered by Reverend Linda Mobley with Cason United Methodist Church. 3. The Pledge of Allegiance to the flag of the United States of America was given. 4. AGENDA APPROVAL. Mayor McDuffie noted the addition of Item 9.E., Municipal Election Results to the Regular Agenda by addendum. Mr. Eliopoulos moved to approve the Agenda as amended, seconded by Mr. Frankel. Upan roll call the Commission voted as follows: Mr. Fetzer -Yes; Mr. Frankel -Yes; Mrs. Gray -Yes; Mayor McDufle ~- Yes; Mr. Eliopoulos -Yes. Said motion passed with a 5 to 0 vote. 5. APPROVAL OF MINUTES: Mrs. Gray moved to approve the Minutes of the Regular Meeting of March 2, 2010, seconded by Mr. Frankel Upon roll call the Commission voted as follows: Mr. Frankel -Yes; Mrs. Gray -Yes; Mayor McDuffie -Yes; Mr. Eliopoulos - Yes; Mr. Fetzer- Yes. Said motion passed with a 5 to 0 vote. 03/16/10 G. PROCLAMATIONS: 6.A, Alzheimer's Association Palm Beach Mernory Walk Day 2010 -April lU, 2010 Mayor McDuffie read and presented a proclamation hereby proclaiming April 10, 2010 as Alzeheimer's Association Palm Beach Memory Walk Day 2010. Bill Sussman. came forward to accept the proclamation and gave a few brief comments. At this point, Commissioner Eliopoulos (eft the dais. 6.B. Commending mnltinle medal winners ~ Delrav Beach 2010 Senior Games Mayor McDuffe read and presented a proclamation hereby proclaiming that Chris Burt, Essie Faria, Herbert Furash, Edward Leavy, Ed Rangel, Rodger Ribeiro, Carolynn Foley, Raymond Lebowitz, George Knoblock, Justin Langsner, Isaac Galarza, Edward Soderberg, Raffi Toroyan, Fred Henderson, Neil Eichelbaum, Enrique Pintado, Martin Quinn, and Nuretti Sabnncu are to be commended for their many triumps in this competition, and for the spirit and enthusiasm. Linda Karch, Director of Parks and Recreation, came forward to accept the proclamation and thanked Danielle Beardsley, Rec. Supervisor III (Marketing) for her help with this event and recognized the senior citizens for participating in the Senior Games. At this point, Commissioner Eliopoulos returned to the dais. 6.C. Reco nizin and Commendin the Delra Divas Ste Dance Teams Mayor McDuflwe read and presented a proclamation hereby recognizing and commending The Delray Divas Step Teams far their representation of the City of Delray Beach Parks and Recreation Department and offered them congratulations on an outstanding job rn the 2010 Florida African American Heritage Celebration. David Ricks, Recreation Supervisor IV and Linda Karch, Director of Parks and Recreation came forward to accept the proclamation and noted the Delray Divas Step Dance Team won $1,004.00 for their competition. 6.D. Water Conservation Month -April 2010 Mayor McDuffie read and presented a proclamation hereby proclaiming the month of April 2010 as Water Conservation Month in Delray Beach. Richard Hasko, Director of Environmental Services, came forward to accept the proclamation and gave a few brief comments. 2 03/16/10 6.E. Fair Housing America Month -April 2010 Mayor McDuffie read and presented a proclamation hereby proclaiming April 2010 as Fair Housing Month in the City of Delray Beach, Florida. Lula Butler, Director of Community Improvement, came forward to accept the proclamation and stated this year the City increased their contract amount with the Fair Housing office and one of the new things staff is doing is targeting the immigrant population. 7. PRESENTATIDNS: 7.A. Matchpoint Presentation -Mark Baron Mark Baron Tournament Director of the Delra Beach International Tennis Championships, stated after 18 years of doing a World Tour event and now to do a combined ATP Champions World Tour Event; it opened multiple avenues for them. Mr. Baron stated this was the first year they put on Tennis on the Avenue (hit and giggle type tennis) and it was a major success and 2,000 people showed up. Mr. Baron stated next year they are going to take this one step further and become the only ten day event in America consisting of a Champions Tour and World Tour event. This will start on a Friday night and will consist of 18 sessions versus I7. He stated Tennis on the Avenue did some great numbers in the restaurants for the early hours but it also helped the merchants that sell products. Mr. Baron stated next year they are going to do Tennis on the Avenue again but start a little earlier (beginning at approximately 4:0014:30 p.m. and over 5:0015:30 p.m.) and anyone who buys a product on that night in a store or eats in a restaurant that night or day will be able to bring that receipt to the ticket window and receive a discount. Mr. Baron thanked the City of Delray Beach and also thanked Mayor McDuffie, Commissioner Frankel, and Commissioner Gray for attending the Trophy Championship Presentation that was televised. In addition, Mr. Baron thanked David Harden, City Manager and Robert Barcinski, Assistant City Manager for being a great help throughout the year. John Butler, Executive Director of the Delray Beach International Tennis Championships (for 19 years), stated he has been fortunate to work with many incredible people and recognized Amanda Solomon (Telecommunications Systems Manager), Clayton Gilbert (Public Works), Harold Bellinger (Streets), Linda Karch (Director of Parks and Recreation), Tim Simmons (Parks Superintendent}, Tom Kwiatek (Recreation Supervisor V/Community Center) and the entire Parks and Recreation staff for the countless hours they put in from Tennis on the Avenue. At this point, Mr. Baron recognized another staff member (Brian) who is the ticket liaison and sponsor liaison. Ivan Baron, Tournament Chairman, presented a crystal trophy on behalf of Matchpoint, to the City of Delray Beach for being the title sponsor for the 2010 event 03/16/10 8. CONSENT AGENDA: City Manager Recommends Approval. 8.A. SUSAN B. WILLIAMS HOUSE RESTORATION/JUDSON ARCHITECTURE INC.: Approve an agreement with Judson Architecture, Inc., in the amount of $26,500.00 for construction administration services regarding the Susan B. Williams House Restoration. Funding is available from 334-4851-575-62.89 (General Construction Fund: Buildings/Munnings/WMS Rehab). S.B. MEMORANDUM OF UNDERSTANDING: NATIONAL COMMUNITY STABILIZATION TRUST/REO ACQUISITION PROGRAM: Approve a Memorandum of Understanding with the National Community Stabilization Trust to participate in the Real Estate Owned (REO) Acquisition Program. S.C. AMENDMENT TO THE NEIGHBORHOOD STABILIZATION PROGRAM APPLICATION BOUNDARY AREA: Approve a request to amend the Neighborhood Stabilization Program (NSP) boundary area to add Census Tract 66.05. S.D. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period March 1, 2010 through March l2, 2010. B.E. AWARD OF BIDS AND CONTRACTS: 1. Contract award to Southland Painting Corporation in the amount of $50,630.00 for partial rehabilitation of Clarifier #4 at the Water Treatment Plant. Funding is available from 442-5178-536-64.90 {Water & Sewer Renewal and Replacement Fund: Machinery & Equipment/Other Machinery/Equipment). 2. Contract award to Gulfstream Sports Group in the amount of $25,125.00 for replacement of bleachers in the gym at the Community Center. Funding is available from 334-4125-572-4b.10 (General Construction Fund: Repair & Maintenance Services/Building Maintenance). 3. Contract award to RSI of Florida, Inc. in the amount of $59,640.00 far re-roofing the Water Treatment Plant Administration Building. Funding is available from 442-5178-536-62.10 {Water & Sewer Renewal & Replacement Fund/Buildings). 4. Purchase award to Garber Ford Mercury in the amount of $24,919.00 for one {1) 2010 Ford Crown Vic Police Interceptor replacement vehicle with options. Funding is available from 501- 3312-591-64.20 (Garage Fund: MachinerylEquipment/Automotive). 4 03/I 6110 Mr. Frankel moved to approve the Consent Agenda as amended, seconded by Mr. Eliapoulos. Upon roll call the Commission voted as follows: Mrs. Gray -Yes; Mayor McDuffie -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. Frankel -Yes. Said motion passed with a 5 to 0 vote. 9. REGULAR AGENDA; 9.A. WAIVER REQUEST/ATLANTIC OCEAN CLUB: Consider approval of a waiver request far Atlantic Ocean. Club to Land Development Regulations {LDR) Section 4.4.13(F){1){c), "Height", which requires a minimum floor height of 10 feet for the ground floor and 9 feet for all other floors. Located at the northwest corner of East Atlantic Avenue and the FEC Railway. (Quasi-Tudicial Hearing) Mayor McDuffie read the City of Delray Beach procedures for aQuasi- Judicial Hearing for this hearing and all subsequent Quasi-Judicial Hearings. Lanelda D. Gaskins, Deputy City Clerk, swore in those individuals who wished to give testimony at this time. Mayor McDuffie asked the Commission to disclose their ex parte communications. The Commission had no ex parte communications to disclose. Paul Dorling, AICP, Director of Planning and Zoning, entered the Planning and Zoning Department project file #2010-041 into the record. Mr. Dorling stated this item is for consideration of a waiver to LDR Section 4.4.13(F){1){c), which requires a minimum floor area height of ten feet for ground floor areas and nine feet for all other floors within the CBD (Central Business District). On February 24, 2010, the Site PIan Review and Appearance Board (SPRAB} approved a Class IV site plan application far the Atlantic Ocean Club development. The development proposal includes conversion of the 1,563 square foot second floor apartment and 1,249 square foot second floor restaurant to office space, construction of 924 square feet of mezzanine floor area on the ground floor, construction of $91 square feet of additional restaurant area on the third floor, and installation of a new awning over the existing can wash/dumpster enclosure and along the north side of the building. Mr. Dorling stated positive findings to the waivers are made to LDR Section 2.4.7(B){5) in the staff report. Staff recommends approval of the waiver. Jose A uila Architect with Currie Sowards A uila Architects stated the areas where the mezzanines occur are above booths, and/or restroams or kitchen. Mr. Aguila stated once you come in the char and pass the threshold you will see the full 14 foot ceiling. This is not anything contrary to what the intent of the Code was which was really to make sure that ground floors had sufficient height so that visually they could have open tall retail spaces to the Avenue none of which is being impacted by this limited area of mezzanine. Mr. Aguila stated they concur with staff s recommendation and 03/16/10 SPRAB's recommendation for approval. Mayor McDuffle 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 regarding the waiver request, the public hearing was closed. There was no cross-examination or rebuttal. Mr. Eliopoulos stated he concurs with the applicant and he feels the intent of the Code was also the exterior perception that we have some taller storefronts. Mr. Eliopoulos asked how wide the mezzanine is. Mr. Aguila stated it varies from 6-S feet. Mr. Eliopoulos stated he supports this although he has always looked at it as being one that is too tight. In addition, Mr. Eliopoulos stated he agrees with the ground floor but expressed concern over the height upstairs. 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 approve the Board Order as presented, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mayor McDuffle - Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. Frankel -Yes; Mrs. Gray -Yes. Said motion passed with a 5 to 0 vote. 9.B. CONDITIONAL USE REQUEST/CHASE SANK: Consider approval of a conditional use pursuant to Land Development Regulations (LDR) Section 2.4.5{E), "Establishment of a Conditional Use", to allow a 4,214 square feet bank building with drive-thru facilities far Chase Bank located at the N.W. corner of N.E. 6th Avenue and N.E. 7th Street. (Quasi-Judicial Hearing) Lanelda D. Gaskins, Deputy City Clerk, swore in those individuals who wished to give testimony on this item. Mayor McDuffe asked the Conunission to disclose their ex parte communications. Paul Dorling, Director of Planning and Zoning, entered the Planning and Zoning Department project file #2010-051 into the record. Mr. Dorling stated this is a conditional use request to establish a 4,214 square foot bank building (Chase Bank) with drive-thru facilities on a vacant tract at the N.W. corner of N.E. 6tn Avenue and N.E. 7th Street. The site is a vacant tract part of a larger site recently developed with CVS Pharmacy (north part of this site). 6 03/16/10 On January 14, 2010, the Community Redevelopment Agency (CRA) considered this request and recommended approval; at its meeting of March l 5, 2010, the Planning and Zoning Board considered this request and recommended approval. Mr. Darling stated staff also recommends approval subject to them coming back and finalizing their site plan through the Site Plan Review and Appearance Board. Mark Rickards, Bohlen En~ineerin~, LLC, speaking on behalf of the applicant as well as the property owner, briefly reviewed the site plan and stated originally the first thing that came up was with the drive-thru location on the driver's side needing to address the teller window. He stated the eastern portion of the site works better and the CVS Pharmacy addresses the western side of the site. Mr. Rickards stated the Office Depot which was the partner to the CVS originally two years ago was a much larger building aver 11,000 square feet. Mr. Rickards stated Chase Bank is just over 4,000 square feet and they do not meet the maximum setback on the west side. He stated they have a safe sight visibility triangle that is required to be provided at all major intersections (40 feet x 40 feet) and with earthbound traffic coming from this direction they do not need to provide the safe sight visibility triangle window looking left. He stated implementing an extra pedestrian feature an the southeast corner of the bank building and the 40 foot sight visibility triangle also conflicts with that pedestrian element. Mr. Rickards urged the Commission to approve the conditional use request. Mayor McDuffie stated if anyone from the public would like to speak in favor or in opposition of the conditional use, to please come forward at this time. There being no one from the public who wished to address the Commission, the public hearing was closed. Mr. Dorling stated for clarification this is really a conditional use and whether adrive-thru bank is appropriate. He stated the waivers have to go before SPRAB and will come to the Commission at a later date. Mr. Dorling stated those waivers would be considered and if SPRAB decides to tweak that site plan those waivers may change. Mr. Dorling reiterated that it is not appropriate to look at those waivers and that is why they are not before the Commission now; however they will be coming forward after they finalize their SPRAB action. There was no cross-examination or rebuttal. Mr. Rickards stated the Planning and Zoning Board actually did vote an the waivers last night. He stated he wanted to wrap these up together for the sake of tune. Mayor McDuffe stated the Commission has no documentation regarding that. Mr. Eliopoulos stated he likes the architecture and feels this is a sharp looking building. In his opinion, Mr. Eliopoulos stated the pedestrian gazebo does not need to be so big because it seems to be masking the building. Mr. Eliopoulos suggested dropping it a little bit and make it almost the same height as the drive-thru. He suggested that rather than Mr. Rickards going with these decorative brackets to go with the molding that he has actually put around the building. Mr. Eliopoulos stated he supports this 7 03/16/10 project. The City Attorney briefly reviewed the Board Order with the Commission who made findings according to their consensus (attached hereto is a copy and made an official part of the minutes). Mr. Fetzer moved to approve the Board Order subject to the four (4) conditions of approval listed on page 3, seconded by Mr. Eliopoulos. Upon roll tail the Commission voted as follows: Mr. Eliopoulos --- Yes; Mr. Fetzer -Yes; Mr. Frankel - Yes; Mrs. Gray -Yes; Mayor McDuffie -Yes. Said motion passed with a 5 to 0 vote. 9.C. APPEALIHISTORIC PRESERVATION BOARD ACTION/14 SOUTH SWINTON AVENUE: Consider an appeal of the Historic Preservation Board's decision regarding a Certificate of Appropriateness associated with the installation of afree-standing sign on a contributing property located at 14 South Swinton Avenue. (Quasi-Judicial Hearing) Mr. Eliopoulos stated he received emails that this business has relocated to the corner of Linton Boulevard and Military Trail. Mr. Eliopoulos moved to postpone to the next regular meeting of April 6, 2010, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mr. Fetzer -Yes; Mr. Frankel -Yes; Mrs. Gray -Yes; Mayor McDuffie -Yes; Mr. Eliopoulos -Yes. Said motion passed with a 5 to 0 vote. At this point, the time being 7:03 p.m., the Commission moved to the duly advertised Public Hearings portion of the Agenda. 10. PUBLIC HEARINGS: 10.A. RESOLUTION NO. 09-10/CONTRACT FOR SALE AND PURCHASEIANGEL ACOUISITIONS,,,,,,,LLC./216 S.E. 1ST AVENUE: Consider approval of Resolution No. 09-10 authorizing the City to purchase a foreclosed real property located at 216 S.E. 1st Avenue, to be utilized for affordable housing purposes; and approve a Contract for Sale and Purchase between the City and Angel Acquisitions, LLC., in the amount of $199,000.00. [STAFF HAS REQUESTED THIS ITEM_BE REMOVED AS THE PROPERTYISNO LONGER AVA.LLABLE . Mrs. Gray moved to remove Resolution No. 09-10, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mr. Frankel -Yes; Mrs. Gray --- Yes; Mayor McDuffie -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes. Said motion passed with a S to 0 vote. 8 03/16/10 10.B. RESOLUTION NO. 10-10/CONTRACT FOR SALE AND PURCHASEISTELLARHOMES OPPORTUNIA, LLC./2187__DORSON WAY: Consider approval of Resolution No. 10-10 authorizing the City to purchase a foreclosed real property located at 2187 Dorson Way, to be utilized for affordable housing purposes; and approve a Contract for Sale and Purchase between the City and the Stellar Homes Opportunia, LLC., in the amount of $139,000.00. (STAFF HAS REQUESTED THIS ITEMBE REMOVED AS THE PROPERTYISNO LONGER AVAILABLE). Mr. Eliopoulos moved to remove Resolution No. 10-10, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mrs. Gray -Yes; Mayor McDuffie -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. Frankel -Yes. Said motion passed with a 5 to 0 vote. 10.C. RESOLUTION NO. 11-10/CONTRACT FOR SALE AND PURCHASE/WELLS FARGO FINANCIAL SYSTEM FLORIDA/3740 LANCEWOOD PLACE: Consider approval of Resolution No. 11-10 authorizing the City to purchase a foreclosed property located at 3740 Lancewood Place, to be utilized for affordable housing purposes; and approve a Contract for Sale and Purchase between the City and Wells Fargo Financial System Florida in the ai~nount of $135,000.00. The caption of Resolution No. 11-10 is as follows: office.} A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE CITY TO ACQUIRE CERTAIN REAL PROPERTY IN PALM BEACH COUNTY, FLORIDA, AS DESCRIBED HEREIN, HEREBY INCORPORATING AND ACCEPTING THE CONTRACT STATING THE TERMS AND CONDITIONS FOR THE SALE AND PURCHASE FROM WELLS FARGO FINANCL4L SYSTEM FL, SELLER, AND THE CITY OF DELRAY BEACH, FLORIDA. (The official copy of Resolution No. 11-10 is on file in the City Clerk's The City Attorney read the caption of the resolution. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Lula Butler, Director of Community Improvement, stated this item is for the Commission to consider approval of Resolution 11-10 authorizing the City of Delray Beach to purchase a foreclosed property located at 3740 E. Lancewood Place. 9 0311 b/10 Mr. Eliopoulos asked how staff approaches this. Mrs. Butler stated the property has to be in foreclosure or Real Estate Owned (REO) by the bank. Mrs. Butler stated one of tl~e challenges is that the City is competing with investors going after the same properties. Mr. Eliopoulos asked if staff looks into how much money the City may need to rehab something. Mrs. Butler stated the City has already inspected the property and has made those decisions. In additian, Mrs. Butler stated the State has also agreed to allow the City to keep all the dollars that they earn through this program now. Mrs_ Gray asked why Items 10.A. and 10.B. were removed. Mrs. Butler stated staff had to advertise for ten days and a couple of investors beat the City to it. Mrs. Butler stated staff is going to bring an item back to the Commission at the next regular meeting. Mayor McDuffie declared the public hearing open. Pauline Moody, G09 S.W. Sri Avenue, Delray Beach, FL 33444, asked where 3740 E. Lancewood Place is located. The City Manager stated the properties are located in the Sabal Lakes subdivision. Ms. Moody stated if the City had no money during the budget process where is the money coming from for them to purchase this property at $135,000.00. Mayor McDuffie stated this is grant money {State and federal). There being no one else from the public who wished to address the Commission regarding Resolution No. 11-10, the public hearing was closed. Mr. Frankel moved to approve Resolution No. 11-10, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mayor McDuffie --- Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. Frankel -Yes; Mrs. Gray -Yes. Said motion passed with a 5 to 0 vote. 10.D. RESOLUTION NO. 12-1Q/CONTRACT FOR SALE AND PURCHASEIU.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT {HUD)11135 E. LANCEWOOD PLACE: Consider approval of Resolution No. 12-10 authorizing the City to purchase a foreclosed real property located at 1135 E. Lancewood Place, to be utilized for affordable housing purposes; and approve a Contract for Sale and Purchase between the City and HUD in the amount of $170,000.00. The caption of Resolution No. 12-10 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE CITY TO ACQUIRE CERTAIN REAL PROPERTY IN PALM BEACH COUNTY, FLORIDA, AS DESCRIBED HEREIN, HEREBY INCORPORATING AND ACCEPTING THE CONTRACT STATING THE TERMS AND CONDITIONS FOR THE SALE AND PURCHASE 10 03/16/10 FROM THE SECRETARY OF HOUSING AND URBAN DEVELOPMENT, SELLER, AND THE CITY OF DELRAY BEACH., FLORIDA. (The official copy of Resolution No. 12-10 is on file in the City Clerk's office.) The City Attorney read the caption of the resolution. A public hearing was held having been legally advertised in compliance with the Iaws of the State of Florida and the Charter of the City of Delray Beach, Florida. Lula Butler, Director of Community Improvement, stated this is before the Commission to allow the City of Delray Beach i~ito a contract agreement for 1135 E. Lancewood Place and the purchase price is $170,000.00. Mayor McDuffie declared the public hearing open. There being no one from the public who wished to address the Commission regarding Resolution No. 12-10, the public hearing was closed. Mr. Eliopaulos moved to approve Resolution No. 12-10, seconded by Mrs. Crray. Upon roll call the Commission voted as follows: Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. Frankel -Yes; Mrs. Gray -Yes; Mayor McDufbe -Yes. Said motion passed with a 5 to 0 vote. At this paint, the time being 7:11 p.m., the Commission moved to Item 11, Comments and Tnquiries on Non-Agenda Items from the City Manager and the Public. 11.A. City Manager's response_to prior public comments and inquiries. The City Manager stated Emmanuel Guerrier spoke at the last meeting as a resident of Chatelaine concerned about the HOA meetings and discussions regarding their efforts to raise funding for a landscape improvement maintenance. The City Manager stated Mrs. Butler met with Mr. Guerrier prior to the February 22, 2010 HOA meeting and expressed the fact that in his opinion the residents did not have confidence in the current Board members and shared information related to their unusual methods of harassing residents that have been ongoing. The City Manager stated Mrs. Butler explained the directions from the Commission and encouraged Mr. Guerrier to attend the February 22, 2010 HOA meeting and informed him that Community Improvement would be doing the mailing to ensure that all residents were properly noticed and that she would be in attendance as well The City Manager stated Mx. Guerrier attended the Baard meeting and was able to express his concerns about the validity of the Board and shared some of his personal experiences and disagreed with the fact that the HOA has organized a listing iz~ the State of Florida. The City Manager stated at the February 22, 2010 meeting 32 residents were in attendance and their usual count is less than 5. He stated Jayne King carried out the meeting and explained the maintenance issues and the purpose of the annual dues very well. The City Manager stated the opportunity for resident 11 03/16/10 questions was excellent and she encouraged resident involvement in the HOA. The City Manager stated in Mrs. ButIer's opinion the confusing issue with the neighborhood is related to the fact that one of the Board members continues to promote the neighborhood as a deed restricted community. He stated Mr. Guerrier decided after the meeting to conduct adoor-to-door campaign against the established HOA referring to his status of deed restricted. Most residents signing his petition do not want an HOA but has the power to impose fees and other requirements on them. The City Manager stated Mr. Guerrier has agreed to meet with Mrs. Butler further about this issue and she will be meeting with the Board to share his concerns. 11.B. From the Public. 11.B.1. Susan Berkowitz-Schwartz, 583 Brit#any M, Delray Beach, FL 33446, thanked the Commission for the All People's Day Proclamation and stated it is her dream to have All People's Day become a holiday all over the country. Ms. Berkowitz- Schwartz invited the Commission to come out to the event on Sunday, March 21, 2010 from 12:00-5:00 p.m. and stated forty different booths will be on display. 11.B.2. Dr. Victor Kirson, 2050 Alta Meadows Lane #2110, Delrav Beach, FL 33444 (President of Tierra Verde, the Delrav Beach Vice-Chair of the Police Advisory Board), stated with the Menorah over 20,000 people were slighted, tens and thousands of dollars are being spent in regular and overtime by the Finance Department to try and correct the problem with Waste Management, the Police Union is at impasse and in his opinion because of a lack of good faith on part of the City. Dr. Kirson stated he has heard nothing about any action being taken against Officer Jeroloman and noted if you connect these dots it all leads to the City Manager. He stated things go wrong and no steps are taken. Dr. Kirson stated Commissioner Gray ran unopposed and in his opinion Commissioner Fetzer basically ran unopposed. He stated from what he is hearing at this paint Commissioner Eliopoulos, Mayor McDuffie, and Commissioner Frankel will be running unopposed next year. Dr. Kirson stated something is wrong in Delray Beach because the interest is not there anymore. Mayor McDuffie stated the response to Officer Jeroloman's letter by the City Manager is complete and they are waiting far the Finance Director's response and then the entire response will be complete. 11.B.3. Pauline Moody, 609 S.W. 8th Avenue, Delrav Beach, FL 334 congratulated Commissioner Fetzer for winning the election. Secondly, Ms. Moody stated at the end of S.W. 8th Avenue there is an area (Auburn Trace/Carver Estates} where it was a dump site and the City cleaned it up and houses were supposed to be built three years ago. She stated the road was expanded and the City built a park on the other side but no homes were ever built. Ms. Moody asked what the status is regarding this land. 12 03/16/10 At this point, the time being 7:22 p.m., the Commission moved back to Item 9.D. of the Regular Agenda. 9.D. SUNGARD/ONESOLUTION SOFTWARE SYSTEM: Consider an offer from SunGard for acquisition of their ONESolution software system for 1=anance and other administrative applications. Doug Smith, Assistant City Manager, stated this item is before the Commission for consideration of an offer we received from SunGard for acquisition of their ONESolution software system for finance and other administrative applications. Mr. Smith stated the areas that this would cover are finance, payroll, human resources, utilities, public works, planning and zoning, and community improvement functions. Mr. Smith stated the cost without hardware is $450,000A0 which included a discount of $559,727.40. Staff expressed concern that the system right now is not fully developed and while SunGard has indicated while several of the modules are ready to be installed there are others that would not even be ready for testing phases until the next couple of years. Mr. Smith stated the City has looked at a competing system that staff really liked. He stated this was acquired by another agency in South Florida and they also obtained special pricing from this particular agency that likely would not be available to others but their software was purchased in the $700,000.00 range for an already developed system except for Public Works. Mr. Smith stated staff has not gone through the Request for Proposal (RFP} process and can compare it to those demos and make sure that what we are getting is the best fit for us. Staff recommends issuing an RFP after we have gotten to a point where our public safety project is underway and then allowing SunGard to respond at that time if they desire to do so. Mr. Smith stated based on staffs research, they feel it is in the best interest of the City to decline the offer from SunGard at this time. Mayor McDuffie stated he met with Mr. Smith and Guy Buzzelli, Chief Information Officer/IT, and reviewed the proposal from SunGard. Mayor IV1cDuffie stated he reviewed their software development times and module availability it appears right now that in many of the pieces of software that the City would really need here in the City to do what we want to do is that SunGard is still in the early design stages. He stated they are projecting this to be ready in 2012 but he does not foresee that happening and feels it could be as far out as 2014/2015 because it is that far from completion. Mayor McDufle stated it is appropriate to go back to the market and look for someone who has the product done, installed, and has sites that the City can go visit and see in operation. Mr. EIiopoulos moved to approve staffs recommendation, 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. EIiopoulos -Yes. Said motion passed with a 5 to 0 vote. 13 03/16/10 4.E. MUNICIPAL ELECTION RESULTS: Canvass the returns, and declare the results of the March 9, 2010 First Nonpartisan Election. (ADDENDUM) For the record, the City Attorney stated for Commission Seat #2, Fred B. Fetzer received 2,017 votes; Darin Wade Mellinger received 672 votes; and for Seat #4 Commissioner Gray was unopposed and she is deemed to have voted for herself and therefore is elected to Seat #4. Mr. Eliopoulos moved to approve the official cumulative totals for each candidate in accordance with the recommendation as listed in the memorandum, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mr. Frankel - Yes; Mrs. Gray -Yes; Mayor McDuffie -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes. Said motion passed with a 5 to 0 vote. 12. FIRST READINGS: A. None At this point, the Commission moved to Item 13, Comments and Iuquiries on Non-Agenda Items from the City Manager, City Attorney, and City Commission. 13. C_OMMENTS__AND INQUIRIES ON NON-AGENDA ITEMS.. 13.A. City Manager The City Manager stated the Water Management District has not only imposed year-round restrictions but they have lifted the emergency order that they had so the surcharge goes away. He stated as of Monday, there will no longer be a surcharge on water use exceeding 15,000 gallons. Secondly, the City Manager stated he went to the Delray Camera Shop to purchase something and the owner complimented the City on things that are being done in Pineapple Grove and said in the 20 years he has been in business in that location, this is the best year he has ever had. 13.B. City Attorney The City Attorney had na comments or inquiries on non-agenda items. 13.C. City Commission 13.0.1. Mr. Fetzer IVIr. Fetzer stated the St. Patrick's Day Parade was great. 14 031 i 6/I 0 Secondly, he stated at the last Commission meeting the Commission discussed an email that Commissioner Eliopoulos sent the City Manager and the Commission briefly discussed the email and the response. Mr. Fetzer stated he sincerely wants the Financial Review Board (FRB) to do what the Commission charged them with and come back with an objective look to this whole issue. He does not think what was brought up from Commissioner Eliopoulos and the response was thoroughly vetted. Mr. Fetzer stated he would like to see that addressed if not by the Financial Review Board then he would like the Commission to revisit those sets of emails and questions that came up. 13.C.2. Mr. Eliopoulos Mr. Eliopoulos had no comments or inquiries on non-agenda items. 13.C.3. Mrs. Gray Mrs. Gray stated a couple of months ago she asked for some more reports from the Community Redevelopment Agency (CRA} and inquired about the status of these reports. The City Manager stated the City has been receiving monthly reports (Project Progress Reports} from Diane Colonna and he has forwarded these to the Commission. Secondly, Mrs. Gray suggested that the Commission revisit the Goal Setting Sessions although this has been taken out of the budget. Mrs. Gray stated the Commission has all types of groups and people requesting financial assistance for projects, etc. and the Commission needs to have direction on where we are going. Tl-e City Manager stated he was going to bring that up at the Organizational Meeting and stated the City still has the date reserved with Lyle Sumek and the Commission can do a lesser version. He stated the tap priority things have been accomplished so there would be some benefit of identifying what is next on our top priority list. Lastly, Mrs. Gray stated she enjoyed the St. Patrick's Day Parade. 13.C.4. Mr. Frankel Mr. Frankel stated the St. Patrick's Day Parade was amazing and well attended with the exception of the transportation for the Commission. He stated for such a widely attended event he feels it is important for the Commission to be visible. Secondly, Mr. Frankel stated a couple of weeks ago Commissioner Gray brought up the issue regarding the required number of signatures Commissioners are required to obtain to qualify for the election and inquired about the status of this. The City Manager stated staff will be placing this on the April Workshop meeting agenda. 15 03/16/10 ]3.C.S. Manor McDuffie Mayor McDuffe suggested that the City take at look at some of the details of St. Patrick's Day and revisit at a later time. He stated the Commission did not have automobiles and they were very high up on a float which gave them a perspective they did not have before because he has always been down at the automobile level Mayor McDuffie stated looking down the intersections in both directions, people were a block or more down on each one of the intersections once they got west of the Intracoastal. He stated he was approached by a business owner during the parade who said business was wonderful Mayor McDuffie stated the attendance was incredible. Secondly, Mayor McDuff e stated he and his wife were invited to exchange gifts at the Marriott and gave the Lord Mayor of Dublin a key to the city and a pop-up book of Delray Beach. He stated she in turn gave Mayor McDuffie and his wife a miniature of her sword. Mayor McDuffie stated they had dinner at Old Calypso and were invited to Ireland. Lastly, Mayor McDuffie read into the record a letter from the Florida City and County Management Association (FCCMA) addressed to the City Manager who has been selected to receive the prestigious Career Excellence Award from FCCMA for 2010 on Friday, May 14, 2010 in Orlando. There being no further business, Mayor McDuffie declared the meeting adjourned at 7:41 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 March 16, 2010, which Minutes were formally approved and adopted by the City Commission on 16 03/16/10 City Clerk NOTE TO READER: If the Minutes you have received are not completed as indicated above, this means they are not the offcial Minutes of the City Commission. They will become the official Minutes only after review and approval which may involve some amendments, additions or deletions as set forth above. 17 03/16/l0 n IN THE GITY COMMISSION CHAMBERS C)F THE GITY OF DELRAY BEACH, FLORIDA ORDER OF THE CITY COMMISSION CIF THE GITY OF DELRAY BEACH, FLORIDA VlirAIVER REQUEST FOR CLASS iV SITE PLAN MODIFICATION FOR ATLANTIC OCEAN CLUB (FKA BOB'S FAMOUS BAR) 1. This waiver request came before the City Commission on March 16, 2010. 2. The Applicant and City staff presented documentary evidence and testimony to the City Commission pertaining to the waiver request for Atlantic Ocean Club (flea Bot3's Famous Bar), Located at the Northwest corner of East Atlantic Avenue and Railroad Avenue (217 & 219 East Atlantic Avenue}. All ofi the evidence is a part of the record in this case. Required fiindings are made in accordance with Subsection 1. 1. WAIVER TO MINIMUM FLOOR HEIGHT: Per LDR Section 4.4.13{F}(1 }(c), a minimum floor height of 10 feet is required for ground floors and 9 feet for all other floors. Due to the introduction of the mezzanines, the minimum ground flour height of 10 feet is not achieved and a reduction to seven feet twa inches (7'2") is requested. Pursuant to LDR Section 2.4.7(6}(5}, prior to granting a waiver, the approving bady shall make a finding that the granting of the waiver: (a} Shall not adversely affect the neighboring area; (b} Shall not significantly diminish the provision of public facilities; {c) Shall not create an unsafe situation; and, (d) Daes not result in the grant of a special privilege in that the same waiver would be granted ender similar circumstances on other property for another applicant or owner. ^oes file waiver to Section 4.4.13{F){4){c} to allow a reduction in the minimum ground floor height from ten feet {70') to seven feet twa inches {7'2") and nine feet {9') for all other floors meet all the requirements of 2.4.7{B){~}? Yes f No 1 City Commision Meeting on March 16, 2090; Item 9.A. i .~ 3. The City Commission has applied the Comprehensive Plan and I..DR 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 Section 4.4.1~~F)t1}~c). ~. Based on the entire record before it, the City Commission hereby adopts '' this Order this 16th day of March, 201 a, by a vote of 5 in favor and 4 ~ ', opposed. ~~~ ~ ATTEST: Nelson S. McDuffie, ~. ~~,.,~ Chevelle Nubin, City Clerk 2 City Commision Heating on March 96, 2090; ltem 9.A. 4 IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DEf-RAY BEACH, FI+ORIDA ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA CONDITIONAL USE REQUEST FOR THE ESTABLISHMENT QF A FINANCIAL INSTITUTION (CHASE BANK) WITH DRIVE-THRU FACILITY WITHIN THE CBD (CENTRAL BUSINESS DISTRICTS TO BE LOCATED AT THE NORTHWEST CORNER OF NE fiTa AVENUE AND NE irH STREET 1. This conditional use request has come before the City Commission on March 16, 2Q10. 2. The Applicant and City staff: presented documentary evidence and testimony tv the City Gommissian pertaining to the conditional use request for Chase Bank. All of the evidence is a part of the record in this case. Required findings are made in accordance with Subsections l and II. I. COMPREHENSIVE PLAN a. Comprehensive Plan -Future„Land Use and._ Mai: !s the future use and intensity of the development consistent with the future land use map and comprehensive plan and is it appropriate in terms of soil, topographic, and other applicable physical considerations, complementary to adjacent fond uses, and fulfills remaining land use needs? Yes / Na b. Cancurrency: Concurrency as defined pursuant tv Objective B-2 of the Land Use Ekement of the Comprehensive Plan must be met and a determination made that the public facility needs of the requested land use and/or development application will not exceed the ability of the City to fund and provide, or to require the provision vf, needed capital improvements for the fallowing areas: Are the conce~rrency requirements met as respect to water, sewer, drainage, streets and traffic, parks, open space, solid waste and schools? Yes / No City Commission Meeting on March 96, 2090; Item 9.B. II. LDR REQUIREMENTS: Pursuant to LDR Section 4.4.13~D}(4}, the use proposed fails within the category of Financial institutions, e.g, banks and similar institutions, and thus, requires conditional use approval, P-. LDR Section 2.4.5{E) Required Findings: Conditignal Use): Pursuant to Section 2.4.5(E}(5}, in addition to provisions of Chapter 3, the conditional use wili not: i. Have a significantly detrimental effect upon the stability of the neighborhood within which it will be located, ii. Nor that it will hinder development or redevelopment of nearby properties. Will Section 2.4.5(E)(5) be met subject to the attached condition? Yes / No 3; The comments and notes set forth in the staff report are hereby incorporated herein. ' 4. The City Commission has applied the Comprehensive Plan and LDR requirements in existence at the time the conditional use request was submitted. ~. The City Commission finds there is ample and competent substantial evidence to support its Endings in the record submitted and adopts the facts contained in the record including but not limited to the staff reports, testimony of experts and other competent witnesses supporting these fndings. 6. Based on the entire record before it, the City Commission approves / denies the conditional use request subject to condition of approval attached hereto. The City Commission hereby adapts this Order this 16th day of Larch 2010, by a vote of 5 in favor and 4 opposed. ATTEST: _~~ ,~~-~ Chevelle Nubin City Glerk Nelson S. Cify~ommissian Meefing on March 16, 201U, Item 9.B. v CONDITION OF APPROVAL FOR THE ESTABLISHMENT OF A FINANCIAL INSTITUTION CHASE BANK) WITH DRIVE-THRU FACILITY WITHIN THE CBD CENTRAL BUSINESS DISTRICT) TO BE LOCATED AT THE NORTHWEST CORNER OF NE 6T" AVENUE AND NE 7TH STREET 1. Approval of a site plan by the Site Pfan Review and Appearance Board (SPRAB) that is in general conformance with the conditional use sketch plan request and addresses the conditions of approval attached in the staff report; 2. That the applicant needs to depict the correct height of the architectural elevations and depict the finished grade level established from the mean elevation of the crown of the adjoining streets and then measure the height of the building including this finished grade. Pursuant to LDR Section 4.3.40}~2}sb}, for buildings adjoining more than one street, the grade is established as the average of the mean elevation of the crown of the adjoining streets; 3. That the applicant needs to provide a dumpster enclosure detail which indicates dimensions, screening, and materials proposed, and vision obscuring gates to be provided. Recyclable bins need to be depicted; and 4. That the applicant, in coordination with the City Engineer,- shall contribute to the Federal Highway Beautification Program prior to issuance of a building permit. This contribution is evaluated to be $93 per lineal feet. This project has 356 lineal feet for a required contribution of $33,108 dollars. City3Commission Meeting on March 96, 2090; Item 9.B. MARCH 25, 2010 DELRAY BEACH CITY COMMISSION ANNUAL ORGANIZATIONAL MEETING (1) Call to Order/Roll Call. The annual Organizat€onal Meeting of the City Con~t~iission of the City of Delray Beach, Florida was called to order by Mayor Nelson S. McDuffie in the Con-nnission Chambers at City Hall at 6:00 p.m. on Thursday, March 25, 2010. Roll call showed: Commissioner Gary Eliopoulos Commissioner Fred B. Fetzer Commissioner Adam Frankel Commissioner Angeleta E. Gray Mayor Nelson S. "Woodie" McDuffie Absent: None Also present were: David T. Harden, City Manager Brian Shutt, City Attorney Chevelle D. Nubin, City Clerk (Z) The Pledge of Allegiance to the Flag was given. (3) Oath of Office administered to Newly-Elected City Commission Members. The City Clerk administered the Oath of Office to Cammissioner Fred B. Fetzer (Seat #2), and Commissioner Angeleta E. Gray (Seat #4). (4) Roll Call Newly Sworn-In Commission. The City Clerk called the roll of the Con~rrussion after newly-elected City Con~z~ission Members were sworn in. Roll call showed: Commissioner Gary Eliopaulos Commissioner Fred B. Fetzer Commissioner Adam Frankel Commissioner Angeleta E. Gray Mayor Nelson S. "Woodie" McDuffie Absent: None (5) Selection of Vice-Mayor (for the term March 25, 2010 through March 31, 2011). Commissioner Eliopoulos moved to appoint Commissioner Frankel as Vice-Mayor of the City of Delray Beach for the term March 25, 2010 through March 31, 2011, seconded by Commissioner Fetzer. Upon roll call the Commission voted as follows: Commissioner Fetzer -Yes; Commissioner Frankel -- Yes; Commissioner Gray- Yes; Mayor McDuffie - Yes; Coinrni.ssioner Eliopoulos -Yes. Said motion passed with a 5 to 0 vote. {6) Selection of Deputy Vice-Mayor (for the ternn March 25, 2010 through March 31, 2011}. Commissioner Fetzer moved to appoint Commissioner Gray as Deputy Vice-Mayor of the City of Delray Beach for the term. March 25, 2010 through March 31, 2011, seconded by Comrx~issioner Eliopoulos. Upon roll call, the Commission voted as follows: Commissioner Frankel -Yes; Coir~.n~issioner Gray -Yes; Mayor McDuffie -Yes; Commissioner Eliopoulos -Yes; Commissioner Fetzer -Yes. Said motion passed with a 5 to 0 vote. (7) Review anal Acceptance of regularly scheduled City Commission Meering dates for the period April 2010 through March 2031. Con~t~~issioner Frankel noted that in April 2011, the second regular meeting for the month (April 19, 2011) will fall on Passover. The City Manager stated staff will make note of that. In addition, it was the consensus of the Commission to change the dates for Map 2010 to May 11, 2010, May 18, 2010 and May 25, 2010 due to some Commission members possibly being absent for May 4, 2010. (8) Establish a date for the 2010 Goal Setting Session. Commission discussed the scheduling of the 2010 Goal Setting Session with Lyle Sumek and asked staff to try to cut costs. Commissioner Fetzer moved to approve the 2010 Goal Setting Date as Tuesday, April 20, 2010, seconded by Commissioner Eliopoulos. Upon roll call, the Cornrrussion voted as follows: Commissioner Gray -- Yes; Mayor McDuffie -Yes; Commissioner Eliopoulos - Yes; Commissioner Fetzer -Yes; Commissioner Frankel -Yes. Said motion passed with a 5 to 0 vote. Annual Organizational Meeting March 25, 2010 {9) Review and Adoption of Rules of Procedure -Delray Beach City Commission (Local Rules). Commissioner Frankel moved to adopt the Rules of Procedure as presented, seconded by Commissioner Gray. Upon roll call the Commission voted as follows: Mayor McDuffie - Yes; Corri~nissioner Eliopoulos -Yes; Commissioner Fetzer -Yes; Commissioner Frankel - Yes; Commissioner Gray -Yes. Sand motion passed with a 5 to 0 vote. {10} Review and Adoption of Procedures for Quasi Judicial Hearings. Commissioner Fetzer moved to adopt the procedures for Quasi Judicial Hearings, seconded by Commissioner Eliopoulos. Upon roll call the Commission voted as follows: Commissioner Eliopoulos -Yes; Commissioner Fetzer -Yes; Commissioner Frankel -Yes; Commissioner Gxay- Yes; Mayor McDuffie -Yes. Said motion passed with a S to 0 vote. (11) Review of City Caxnnaission Liaison Appointments to various Advisory Boards and outside agencies. Commission reviewed the assigned liaisons from Boards and Outside Agencies and amended the liaison appointnnents. A copy of the amended assignments is attached as part of the minutes. (12) Consideration of Request from Downtown Development Authority. David T. Harden, City Manager, stated there is a letter and an expanded proposal from the Downtown Development Authority (DDA). Comrxlissioner Fetzer stated this has been a tough issue and he has spoken with representatives of all four groups to get their input. He stated we should not want to do anything to hurt the success we have had with downtown. He stated there are some structural problems with the organizat[on that need to be addressed. He discussed the number of votes that each member gets as well as the vote pxocess. He would pxefex to see a more equal weighting regarding the number of votes. He stated we have to find a way to reach a corxzpromise. He is concerned that we are approaching Mrs. Marjoxie Fexxex's contract extension date. He discussed certain events that we have coming up and stated that the tinning of all of this is very critical and we need to get some decisions made very quickly. He thinks that there should be some changes made in the way the board interacts with Mrs. Ferrex and we need to be fair with her. He went on to discuss the evaluations and results that have been accomplished. He suggested we implement the chambers' plan witkz the Downtown Marketing Cooperative (DMC) and extend Mxs. Ferxex's contract through the end of the year. In addition, Mr. Fetzer suggested we set out clear goals of what they want as far as changes, give a period of transition to make those changes and make it fair far Mrs. Ferrer. 3 Annual Organizational Meeting March 25, 201 p If they cannot agree on that, go to the plan proposed by the DDA (Plan A) in which they would become responsible for the downtown events. He is very eager to bring this to closure. He stated we need to set a time certain of April 15, 2010 far the groups to solidify the plan. Commissioner Eliopoulos asked Commissioner Fetzer fox clarification regarding his comments. Commissioner Gray stated she agrees that- we do not need to jeopardize our events. However, she is not in favor of moving them into city hall due to staff and budgeting. She is hoping the groups will come to some type of agreement. She asked Mr. Mike Malone, Delray Beach Chamber of Commerce Executive Director, what would happen to our sponsorships if Mrs. Ferrer is no longer involved. Mr. Harden commented about certain things that should be separated out. Commissioner Frankel stated this is very difficult issue for which you cannot rush to an answer. He has spoken to many representatives for the groups and thanked everyone involved for taking the time to outline their proposals and give their information. He is not comfortable with the DDA proposal. He stated the outpouring of love for the DDA from the volunteers cannot go ignored. He pxefers the chamber proposal but stated there should be an equal weighting of votes. He discussed the events that are held at Old School Square and feels they should be given a vote. Commissioner Eliopouios stated Delray has been very successful and clot of people have contributed to this success as well as volunteers. He feels this was brought to the Commission although it is not a Commission issue. He respects everyone that came tonight and respects the outpouring of support for Mrs. Ferrer. He stated the Commission is not here regarding firing Mrs. Ferrer. Mr. Eliopaulos discussed a letter Commission received regarding the DDA. He stated if you look at the emaiis they are receiving it appears everyone is meeting almost everyday. He stated he is not happy with the way the proceedings have taken place. He discussed phone calls he is receiving regarding sponsorships, etc. He commented about the mission of the organizations involved. He stated Mrs. Marjorie Ferrer has done a great job and she is always out there working. He stated we have to be respectful and listen to the partners who are saying they want change. Mr. Eliopoulos stated he is not in favor of the city hall move. However, if there is a space, then we should put a time limit on this and he can support it if all of the marries will not come from the city. He discussed the Executive Director position and the fact that he would like to see everyone be able to move on. He is stated he is listening to the recommendations of the Chamber and the Community Redevelopment Agency {CRA}. However, for tonight, he is talking about the DDA moving into city hall; and he is fine if it does not cost us anything. 4 Annual Organizational Meeting March 25, 2010 Lengthy discussion continued between the Commission. It was the consensus of the Coz~naission for Mayor McDuffie to represent the City regarding this issue at the next DMC trzeeting. {13} Coxrx~x~;ission Comments. Mr. Brian Shutt did not harre an~T comments Mr. Harden congratulated Commissioner Fetzer and Commissioner Gray and stated he looks forward to continuing to work with them. Commissioner Fetzer stated he is glad the election. is over and he is happy to be able to serve Delray Beach again for two more years. Commissioner Eliopoulos congratulated Commissioner Fetzer and Commissioner Gray and stated elections are always tough and he would like to see more voters come out. He is very happy with the outcome. Commissioner Gray thanked everyone for theix support and stated it is a privilege and honor to serve at this level of government. Commissioner Frankel congratulated Coincxxissioner Fetzer and Con~7ussioner Gray and stated they worked most of last year together and have worked very well and hard. He is very happy to have everyone intact to continue throughout the year. Thanked Commissioner Eliopoulos for nominating hire for ~iee-Mayor. Mayor McDuffie thanked everyone who came tonight and stated we have talent, good minds and a cooperative spirit in the community to work this out. He stated it will get worked out and they will not let Delray Beach down. In addition, he thanked everyone for their participation, support, phone calls and letters. There being no further business, the meeting was adjourned at 7:04 p.m. City Clerk ATTEST: MAYOR 5 Annual Organizational Meeting Match 25, 2010 The undersigned is the City Clerk of the City of Delray Beach, Florida, and the information pxovided herein is the minutes of the Annual Organizational Meeting of the City Coxxzxnission held on March 25, 207.0, which minutes wexe formally approved and adopted by the City Commission on Apri16.2010. City Clerk NOTE TO READER: If the minutes you have received axe not completed as indicated above, this means they are not the official minutes of the City Commission. They will become official only after review and approval by the City Commission which map involve amendments, additions or deletions to the minutes as set forth above. Annual Qrganizational Meeting March 25, 2010 MEMORANDUM TO: Mayor and City Commissioners THRU: David T. Plarden, City Manager FROM: Cheve}le D. Nubin, CMC, City Clerk SUBJECT: CITY COMMISSION LIAISON ASSIGNMENTS DATE: March 25, 2010 Below is the list of City Commission Liaison assignments as azx~ended at fhe March 25, 2010 Annual Organizational Meeting. BOARD Community RedeveloPrnent Agency 2°d & 4`~ Thursday at 5:30 p.m. Commission Chambers Community Land Trust 3~ Thursday at 6:00 p.m. Old School Sduare Library LIAISON Commissioner Eliopaulos Prtrnazy Member Commissioner Fetzer Alternate Member Commissioner Eliopoulos Delray Beach Public Librarv Commissioner Fetzer 3`d Wednesday at 5:30 p.m. (normally) 2II`~ Floor Conference Room, Library (Meeting time is currently 6:00 p.m.; it will change back to 5:00 p.m. in the future) Delray Beach Public Schools City Commissioners adopt a Delray Beach Public School and serve as a liaison to that School's Advisory Committee. The Schools are: Banyan Creek Elementary School Comxxaissioner Frankel April7, 2090 andMay 5, 2090 @ G:00 p.m. in Media Center Spady Elementary School Mayor McDuffie Ajiril27, 2090 @ 4:30 p.m. in Media Center Plumosa Elementary School Commissioner Fetzer .Aprrl G, 2070 and May 9 9, 20 90 @ G:00 p.m. in Media Center Pine Grove Elementary School Commissioner Gray April 93, 2090 and Ma~14, 2090 @ G:30 p.m. in Media Center Page ,2 Orchard View Elementary School Commissioner Eliopoulos 3"' iX~ednesday of the month @ 6.-00 p.m. in Media Center Village Academy Mayor McDuffie April6, 2090 and May 4, 2090 @ 5:30 p.sn. in Media Center Carver Middle School Commissioner Fetzer 2ie Thursday of the month @ G:00 p.m. in Media Center Atlantic High School Commissioner Gray Last Tuesday of the month @ 7:00 p.m. in Media Center Downtown Development Authority Mayor McDuffie 2"`` Monday at 12:00 Noon Primary Member Chamber of Commerce Commissioner Eliopoulos Alternate Downtown Marketing- Cooperative Board of Directors Mayor McDuffie 4`" Thursday at 8:30 a.m. Primary Member Chamber of Commerce Commissioner Eliopoulos Altexnate Member Drug Task Force Mayor McDuffie 3`d Friday at 8:30 a.m. Pxizx~axy Member Chief s Conference Room, Police Department Coxxa.rnissioner Fetzer Alternate Education Board Coaxi;missioner Fetzer 151 Monday at 5:30 p.m. Pxmary Member First Floor Conference Room, City Hall Mayor McDuffie Alternate Member General Employees, Retirement Committee Meets once every quaxtex Historic Preservation Board Commissioner Eliopoulos 15f and 3`d Wednesday at 6:00 p.m. Commission Chambers Parkin Mana ement Advisa Board Commissioner Eliopoulos 4t" Tuesday at 5:30 p.m. First Floor Confexence Room, City Hall Police & Fire Board of Trustees Commissioner Frankel 3`d Wednesday from 2-4 p.m. i9:a Douglas Smith Training Room at Fixe HQ ox Assistant City Manager Police Chief's Conference Room S:\Cits Clerk\ORGANIZATIONAL ML.I;TiNGS\March 25, 2090 Org Ivleeting tlgenda items and Backup\CITY COIvIIvIISSION LIAISON ASSIGNMENTS 2690- 2099.doc Page 3 Public Art Advisory Board Commissioner Frankel 4'~ Monday at 6:00 p.m. Environmental Services Department, Administration Building 434 South Swinton Avenue Sister Cities Committee Commissioner Eliopoulos 151 Thursday at 4:30 p.m. First Floor Conference Room, City Hall OUTSIDE AGENCY APPOINTMENTS Palm Beach County League of Cities, Inc. Governmental Centex 301 North Olive Avenue West Palm Beach 33402 Contact: James Titcomb, Exec. Director (561) 355-4484 David T. Harden, City Manager Board of Directors; Transportation/ Legislative Sub-Committee Chair Commissioner Gray Alternate Member The Palm Beach County League of Cities, Inc. was chartered in 1909 as a non-profit corporation. The purpose of the Palm Beach County League of Cities is to promote and advance the collective interest of the municipalities of Palm Beach County; to study municipal issues and seek desired results through cooperative efforts, to respect the principles of Horne Rule; and to encourage and enhance the duality of life of citizens of Palm Beach County. The General Membership meets once per month (normally the 4~' Wednesday} at 11:30 a.m. at different host cities around the county. The Board of Directors meets once per month (normally the 4t'' Wednesday at 10:00 a.m., at various locations in Palen Beach County. Florida League of Cities, Inc. 301 S. Bronough Street, Suite 300 (32301) Post Office Box 1757 Tallahassee, Florida 32302-1757 Contact: Scott Dudley, Sr. Legislative Advocate {850) 222--9G84 David T. Harden., City Manager Urban Administration Committee Merx~ber Mayor McDuffie Florida League of Mayors Member Metropolitan Planning Organization Of Palm Beach County 160 Australian Avenue, Suite 201 P. O. Box 21229 West Palm Beach 33416 Contact: Randy M. Whitfield, P.E. Director {561) 684-4170 or Paul Dorling {City staf fl {561) 243-7040 Mayor McDufBe Primary Member Commissioner Frankel Alternate Merxabex S:\City Clcr1;\ORGANIZATIONAL MEETINGS\March 25, 2010 Org Mee[ing Agenda Items and Backup\CPTY COMMLSSION LIAISON ASSIGNMENTS 2010- 2011.doc Page 4 The Metropolitan Planning Organization of Palm Beach County was created pursuant to Chapter 339.175 of the Florida Statutes. Their objectives are to encourage and promote the safe and efficient management, operation and development of surface transportation systems that will serve the mobility needs of people and freight within, and through, urbanized areas of Palm Beach County while mis,imi~ing transportation related fuel consumption and air pollution. The MPO is charged with the development of short-range (5 year) and long-range {20 year) transportation plans and programs. MPO Board (elected officials) meets on the 3~ Thursday of the month at 9:00 a.m., 12''' floor Conference room at the Governmental Center. Technical Advisory Committee (TAC, staff subcommittee) meets on the 15t Wednesday of the month at 9:00 a.m. at 2300 North Jog Road in the 4`~ floor Conference Room, 4E 12, West Palm Beach. Liaison to State Representatives Maria Sachs, District 86 Adam Hasher, District 87 Commissioner Frankel Commissioner Eliopoulos Liaison to State Senators Jeffery Atwater, District 25 Christopher Smith, District 29 Ted Deutch, District 30 Mayor McDuffie Commissioner Gray Commissioner Frankel Liaison to United States Representatives District 19 (bill Ise updated/ Apr~l9, .2010 Election) Commissioner Frankel Ron Klein, District 22 Mayor McDuffie Alcee L. Hastings, District 23 Commissioner Gray Intergovernn~zental Coordination Issues Foruzxz Lantana Council Chambers 500 Greynolds Circle Lantana, 33405 Contact: Ana Yeskey 9835-16 Lake Worth Road, Suite 223 Lake Worth 33467 (561) 434-2575 Commissioner Frankel Primary Member CbYl3mfSSloner (fray Alternate Member Paul Dorling City Staff Member The Intergovernmental Coordination Issues Forum reviews and makes recommendations on issues of multi-jurisdictional significance, such as school concurrency, county wide fire rescue services, and countywide library services. The intent is to have municipalities work together on issues of countywide concern or impact and to assist in the resolution of any disputes which may arise between local governments. The Issues Forum meets on a quarterly basis. The meetings are scheduled for April 29, 2010, July 29, 2010; and September 30, 207.0. The Executive Committee meeting at 9:30 a.m., Issues Forum at 10:30 a.m. and IPARC at 1:30 p.m. in the Lantana Council Chambers. S:\Cat~= Clerk\ORGANIZATIONAL MEETIrIGS\Iblanch 25, 2QI0 Org Meeting Agenda Items and Backup\CITY COMMISSION T TAi50N ASSIUNMENTS 2010- 20I1.doc Page 1 of 1 MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: March 30, 2010 SUBJECT: AGENDA ITEM 6.A. -REGULAR COMMISSION MEETING OF APRIL 6.20.10 NATIONAL PUBLIC SAFETY TELECOlVIMiTNICATORS WEEK PROCLAMATION ITEM BEFORE COMMISSION Proclamation observing April 11-17, 2010 as National Public Safety Telcommunicators Week http://miweb001/AgendasBluesheet.aspx?ZteznID=3178&MeetinglD-254 4/2/2010 WHEREAS, the second full week of April has been declared "National Public Safety Telecommunicators Week" by an act of Congress in T 991; and WHEREAS, the President of the United States will issue a proclamation calling upon the people of the United States to observe that week with the appropriate ceremonies and activities; and WHEREAS, problems of crime, fire and other disasters touch and affect ail segments of our community, and if unabated, can undermine and erode bath moral and economic strengths of our community; and WHEREAS, men and women are engaged in the operation of emergency response systems far the City of Delray Beach; and WHEREAS, these individuals are responsible for responding to telephone calls from the general public for police, fire, and emergency medical assistance, and for dispatching said assistance to help save the lives and property of the citizens, business owners and visitors of our community; and WHEREAS, our Public Safety Telecommunications personnel perform daily serving the public in countless ways without due recognition by the beneficiaries of their services. NOW, THEREFORE, I, NELSON S. MCDUFFIE, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission; do hereby proclaim April T I- T 7, 20I Q as: "NATICNAf. PII~LIC SAFETY TEEECaMMIJNICA~'~125 WEEK" in the City of Delray Beach and urge all citizens to participate in making this week a successful celebration. IN WITNESS WHEREOF, l have hereunto set my hand and caused the Official Seal of the City of Delray Beach, Florida, to be affixed this 6th day of Apri12010. NELSON S. McDUF'F'IE MAYOR Page 1 of 1 ~ v ~. _~ To: FROM: MEMORANDUM Mayor and City Commissioners Linda Karch, Parks and Recreation Director THROUGH: David T. Harden, City Manager DATE: March 26, 2010 SUBJECT: AGENDA ITEM 6.B. -REGULAR COMMISSION MEETING OF APRIL 6 2010 ARBOR DAY/EARTH DAY PROCLAMATION ITEM BEFORE COMMISSION Proclamation to proclaim Saturday, April 24, 2010 as Arbor Day/Earth Day acknowledging the City's commitment to conservation and sustainability. BACKGROUND The Arbor Day event recognizing the importance of trees in our Lives. This year marks the 40th anniversary of Earth Day. The Community Improvement and Parks and Recreation will partner to recognize the importance of trees in our community and the commitment to make the natural environment a priority. The Arbor Day/Earth Day event will take place at Lakeview Park, 1100 Lake Drive, from 9:00 am through 12:00 noon and will include tree planting, art and crafts from recycling products, a story teller, and Light refreshments. http://miweb001/AgendasBluesheet.aspx?IiemID--3171 &MeetingID=254 4/2/2010 WHEREAS, recognition should be given to the value of trees in our community and the need for a continual city-wide forestry program for the benefit of all persons, and WHEREAS, the holiday to recognize the importance of trees in our lives, was proclaimed at the federal Ievel in I8~0, by President Richard Nixon and is celebrated the last Friday in April as National Arbor Day; and WHEREAS, the National Arbor Day Foundation in cooperation with the U.S. Forest Service and the National Association of State Foresters sponsor a project known as "'I`ree City USA" in an effort to make every community in America a better place in which to live; and WHEREAS, the protection and proliferation of trees within the City of Delray Beach is governed by regulations for the purpose of promoting the health, safety, welfare, and aesthetic quality of the community by realizing the importance of trees for oxygen production, carbon dioxide absorption, dust and air pollution filtration, wind and noise reduction, soil erosion prevention, surface drainage improvement, energy consezvation, beautification and aesthetic enhancement of all lands in the City; and WHEREAS, the Community lmprovement Department and Parks and Recreation Department will celebrate Arbor Day by partnering in a Arbor Day/Earth Day celebration event; and WHEREAS, the optimum time of the yeax for planting most species of trees in the Southeastern Florida is during the month of April due to mild temperatures and the beginning of the wet season. NOW, THEREFORE, I, NELSON S. McDUFFIE, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission, do hereby proclaim Saturday, Aprii 24, 2010 as: ARBOR DAY/EARTH DAY in the City of Delray Beach, Florida, and urge all citizens, schools, and organizations in the community to join with me in realizing the value and need for trees and to plant ceremonial trees on this date at Lakeview Park. 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 6~h day of April, 2010. NELSON S. MaDUFFIE MAYOR Page 1 of 1 MEMQRANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: March 30, 2010 SUB3ECT: AGENDA ITEM 7.A. -REGULAR COMMISSION MEETING OF APRIL 6 2010 DELAIRE CIIARITY GOLF TOURNAMENT PRESENTATION TO POLICE AND FIRE- RESCUE ITEM BEFORE COMMISSION 21St Annual Delaire/Delray Citizens for Delray Police Charity Golf Tournament Presentation to Police and Fire-Rescue -Perry DonFrancisco http a/miweb001/AgendaslBluesheet.aspx`?ItemID=3176&MeetinglD-254 4/2/2010 Page 1 of 1 FROM: Tracie M. Lutchmansingh, P.E., Asst. City Engineer Richard C. Hasko, P.E., Environmental Services Director THROUGH: David T. Harden, City Manager DATE: March 31, 2010 SUBJECT: AGENDA ITEM S.A. -REGULAR COMMISSION MEETING OF APRIL 6 2010 HOLD HARMLESS AGREEMENT/LEONARDO J. RODRIGUEZ ITEM BEFORE COMMYS~YON Commission approval to execute a Hold Harmless Agreement with Leonardo J. Rodriguez far patio installed in City Right-of--Way. This property is located at 14887 Whatley Road. BACKGROUND The owner was cited by Code Enforcement for installing a patio without a permit and in the City Right- of-Way. The owner subsequently submitted a Building Permit Application for the patio installation as shown in Exhibit "B". Permit No. 10-127277 is currently "Disapproved" pending acceptance of the Hold Harmless Agreement for the patio installed in the City Right-of--Way. The agreement holds the City harmless for any damage to the patio and for its maintenance. In addition, the owner will be required to remove the patio from the City Right-of Way if sa requested. RECOMMENDATION Staff recommends approval. http:I/miweb0011AgendasBluesheet.aspx?ItemID-3191 &MeetingID=254 4/2/2010 T~repared by: RE'TtI1tN: R. Brian Shutt, Esq. City Attornsy's Office 2b0 N.W. Ist Arrenue Delray Beach, )"~ 33444 HOLD HARIYII.,I{JSS AGREEMENT THIS HOLD HARl!!Q,ESS AGREItlVII+1NT, is entered info this day of j''~ a~•c~ 20~Q by and ,between the CITY OI+ AEZ..EAY BEACH, FLORIDA, (hereinafter refezxed to as "CITY") and ~.. C'oh r~t~c~1y ~ . ~r~~r c~~ez (hereinafter referred to as "OWNER"), WITNESSETH: WHEREAS, OWNER awns property located at itl ~'~ 7 ~J~,~~1e ~ ~~~ ,Delray 3'3 ~!y S _ Beach, Florida, and has requested CITY to allow for the installation of • r~ ~'~' - a in the public right-of-vvay; and 'VVH~RCAS, OWNER agrees to hold CITY haxzx~less fax any damage vsrhich might be eattsed to the ~ 1~~~~ ~ as a result of maintenance within the public right-off way or any action brought against the CITY as a result of the v ~.'~ + ~ •~ ~ a'~ ~:~ ~ ~`~'- _ in the public right-afwway. IOW, THEItEFORI{l, for the mutual covenants and rr~atters set Earth herein, as of the slate. set forth above, the parties hereby agree as follows: 1. The recitations set forth above are incorporated herein. 2. O'V4'NEIt is the owner of property described in Exhibit ".A" 3. That OWNER wishes to install a(n) ~~,,~ , a in the area, as shown ors Exhibit "B", in the public right-of--way pursuant to the City of Delxay Beach Cade of Ordinances. No structure or any portion of such structure shall be within ~~ feet of the City's underground utilities, 4. OWNER -acknowledges that the CITY shall assume no responsibility ~ or maintenance for the n ~~ i ~ and any irr~provements thereto, which OWNER places within the public right-o~way and that OWNER shall be responsible for the upkeep and maintenance of such ~.r e ~ •~ , nl .and associated improvements in the public right-off way in accordance with the Code of Ordinances of the CITY. • S. OWNER, in consideration of the mutual covenants set forth herein, agrees to defend, indemnify, and hold harmless the CITY, its agents, officers, employees and servants from any and all claims, suits, causes of action or any claim whatsoever made, and damages, wbich may result from the placement or existence of the , tnr~.T ~ o anal improvements in the public right-of way, OWNER further agrees to hold the CITY, its agents, officers, employees and servants harmless for any damage to the • ua~ t ~ and associated improvements OWNER places within the public right-off way. Zt is understood that any cost for replacement or repair o~Fthe T - ~ and associated improvements shall be the OWNER'S responsibility, and the CITY will not.be held liable for any damage to the ~ '~' r o ,~ and associated improvements as a xesult of any maintenance or construction within the public right-of way by the CITY. ~. The CIT'Y' may at any time and in its sole discretion request that OWNER remorre the ~ ~ ~ t D _ _ fiom the public right-of way and OWNER agrees to immediately remove the _ s~~,~ 1 o from the public right-af way. 2 S 7. All notice required or allowed by this Agreement shall be delivered in person or mailed to the party at the following address: CITY: City Engineer City of Delray Beach 434 South Swinton Avenue Delxay Beach, FL 33444 - l~_~ 13~~ Fl. '3 3 y~r ~ S. This Agreement shall be binding on the Parties, their reslaective heirs, successors, legal representatives; and permitted assigns and shall be retarded in the Public Records of Palm Beach County and shall run with the land. 9. This Agreement shall be governed by and construed in accoxdance with the laws of the State of Florida. Ventre for any claim or lawsuit arising out of this A.greeznent shall be in Palm Seaeh County. . IN WITNESS '~PIEREOp', the parties hereto have entered into this agreement the day. and year first written above. 3 ATTEST; By:_ . City Clerk Approved as to Form: By: city Atta~ey WITNESSES: (Print or Type Name) CITY dF 1~ELRAY BEACH, FLORIDA By: David Harden, City Manager DWNER; By: ~ ~ (Print or Type Name) (Print or Type Name) (SEAL) r STATE 4F - ' ~ ~~~ COUNTY OF~~',~~.~~i lr~.~~ ~~~ The foregoing instrument was ,rae - owledged before me this ~ day of ? , 2~ld'L~ bY~~~ii.~r/ ' ~~/,~~I~ ~ {name of ofFzcer or agent), of (name of corporation), a {State or place of izxcazporation) corporation, on behalf of the corporation. He he is personally known to me or has roduce~~~,~~ ~~~ l.~ .,f/~' (type of ide tffication as idezztifzcatisp arzci._didldid nat ake an oath. ~/'` ~ 1J _ ,// „~~~ ~~~ ~ ~ Commission ~ l3D 8855(14 .$z ature of No lazy Public - %~: Expires July 22,'2813 State of~, '%~1{fr~~~• BonicdTFsuTrv,~Fan~K8699-385~7019 _ ~sace~w Print Page Detail s ~~~~~~ 1~~~~~t~~€~ PCN; 12424fi13020DO©214 Uew Aro~erty DetaiEs Name: 12~pRlG1JEZ LEONARDO acaEion: 14897 WE-fATLEY RD ~#la#ling: '!4897 W!-3A~LEY RD DELRAY BEACH, EL ,~~-~ ~~~ '~ Palm Beach County ~ -4 14897 Whatley Rd (12424613020000210) ~ ~-~- ~~ ProperYyAppraisex ~- - ii produced b~ _ papa~is ~ ~ Gaty R N~Olits, CFA '-rJ /'" Ct ~ 1 ~ ~ Page ~ of 1 hitp :1/cps. ca.palm-beach. fl.us/papagis/prir~tircg/p~a.Lapout. a spx 3/31 /2010 0 0 ~ ro N W ~ C'1 e/ t7 ~ L" 6. - x~ m W cn "n ~ Ll3 .~.: [J N +~ TJ ~ o ~- r ~u I.il N '.-' f , W P W~ °v l 1 N ~ N v T =' N O .G c J~ ~ ;+ p c ii fi` ~ ! ? ~\ -c l r r to V: °- 2t1' ~- '~} ~ w il' r ~ ~ ~a -~ ~t C R7 1 ? ~ O .• T_ f'1 ~7 _~' f~ • '~S _ f I ~ ~ , ~ .;; f ~! ~ C .; ~, - to ~ m . ~i c C _ q C L ~ ~~ t~ ~ h~.iJ _~~~ _ - ~. ~ rl 1 ~ u ~ O Tr. N sn ~ na _ _ ~ r•.~ r• r-+ N ~ j "~ ery ~ ~ w°, o ~ ~{{ ~ ~ V T•x v 0 ~" . ' a O ~ ~ o~O ~O g a a r o ¢NLL V ~ J 4 {{~~ O 0. N W D~ a O {5, N ~ w F ~ Iql. ~ S ~q~ ~ /~i Z c F ~ ~' ~ ~ ° ~ ~ ~ y H a ~ Tn ^, i y- SJ ¢ ~- m~ -Q VI a ¢ ~ ~ ~ ~ z ~ ~~u V q~ ~ g ~ ~ ~ A a~~ ~ ~ d iL N ~ ~ ~ ~ ~ ~ ~ wr r (~ 1~' z ~j ~ ~ o } ~_ ~¢ ~ ~ ~ ¢ ti II s o li ~~ r~~ V N~ a ~ Al f- F-= 5~77 LC Q lyj isj ~~jj >" 4 i m 2 -._. _ 1lbHdSy .0 L ~- 00' 05 ,ry ~'~ 9~ N O U ~~ iQ ~ !~ v H • O Y} ~ ~ U 1-O~vs v Ok p 90 r~~~ o Na ;n, ~ ~ g9 1 ~ L l5 ] ~ is"} . N ~l 0 6 ... ~ (r ~ ~ ~ ~ y U U Q I ~ 2 o ~ 0. I ~ ~ O ~ . ~ yy ~ ~ }8.5' ~ 0 z •B'L ~ ~ ~ ~ u' c i O G ~ ; t ! 1 } 4L r= Q ~ ki 3 C3. ~, in . I j [i U -.-: .fi ~~ ,Zl w iii ~S 3s a c' .~ ~ ~~ °' a CS ~: ~ C: .a 1~ a v y • w ?7 ~ W . ~ '~ a' .~ ~ ~ = rc- a zs ~ ns m ~ csr ~ ~ ~ ~ z3nva~ ,Z'l~~ ~ Q q 7JS EL w~ C6, r3 J ~ L-'-i}f x- i ~.. x x x- e~~~ ~ N~~ °6~ °S~ .00.05 S6-I S`} o Cdr] z ~~ m k~l 4 FT-~ ~ ~ a !~ '7, Z ~tl2117~}J4'.il uW ~s . ~z ~a+rd 'iZ N~06 1Wld N r '~NO~ a} OIN ~I~ Zllar O~y0. ~ o~ 4.1 m m ~IS 7 IIII 0. I F t ~s`1~ I ~~ 0 4 ~ Q o ~UIN m4 z~° ~p~. • ~pN ~44 2N } W 4 a ~ ~m " goo V N, ~ ~ Q~ N ~~ ~ Om \ O ~ ~~o ~~~ ?•_ U ~ ~~'~° 6~ ~~~ E`1 ~ rn r ~~ awo ry r0r V ~~1 m~m Q HS A ~~ ~~~ ~ ~~~ ~ r ati 0. we ~~ m p. NaN ~ cu m N iooui ~N.. (7 NZ~ ~_~~8 ~g 1~yy o "~'' "•1 ~ U m ~Q ~~ ~"i m A[ ~ o Q O O D Page 1 of 2 MEMORANDUM TO: Mayor and City Commissioners FROM: Richard C. Hasko, P.E., Environmental Services Director THROUGH: David T. Harden, City Manager DATE: March 30, 2010 SUBJECT: AGENDA ITEM S.B. -REGULAR COMMISSION MEETING OF APRIL 5, 201€1 SERVICE AUTHORIZATION N0.07-141MATHEWS CONSULTING, INC.IMANGROVE PARK BOAT RAMP ITEM BEFORE COMMISSION Consideration of a Service Authorization to Mathews Consulting, Inc. in the amount of $36,414.30 far performance of engineering design, construction document preparation, permit acquisition and bidding/negotiation services for the reconstruction of the boat ramps at Mangrove Park. BACKGROUND At the February 9, 2010 Special Workshop meeting, Commission approved a resolution committing to pursuit of a reimbursable grant from the Florida Inland Navigation District (FIND) in the amount of $87,500, representing 50% of the estimated cost of reconstruction of the boat ramp facilities at Mangrove Park to reduce the ramp slopes for ease of vessel launching and retrieval. In addition to the FIND grant, we will be applying for additional grant funding in June, 2010, from the Florida Fish & Wildlife Conservation Commission {FWC) under their Florida Boating Improvement Program in the amount of $87,500, completing funding requirements for reconstruction of the ramps. Grant funding for the project will be available after October 1, 2010. In order to meet the project schedule proposed in the FIND grant application, we need to begin preparation of the requisite construction documents since all permits must be received by September, 2010. Attached is a proposal from Mathews Consulting in the amount of $36,414.30, to pxovide consulting services for engineering design and construction document preparation, permit acquisition and biddzng/negotiation services for the ramp reconstruction project. If desired by the City in the future, a fee for construction administration services has been provided in the amount of $17,689 and will not be apart of this approval. With the anticipated award of the referenced grant funding, engineering and permitting fees will represent the total cost to the City for the ramp reconstruction project. FUNDING SOURCE http://rniweb001 /AgendasBluesheet.aspx?ItemID=3184&MeetingID=284 4/2/2010 Page 2 of 2 Funding for this proposal is available in general construction fund account # 334-4174-572-63.90, Intracoastal Park, Other Improvements, after budget transfer. ', RECOMMENDATION Staff recommends approval. I, http://miweb001/Agendas/Bluesheet.aspx?ItemID=3184&MeetinglD-254 4/2/2010 CITY OF DIrLRAY BEACH CONSULTING SERVICE AUTHORIZATION DA SERVICE AUTHORIZATION NO. 07-14 FOR CONSULTING SERVICES CITY A.O. NO. CITY EXPENSE CODE: CITY PROJECT NO. MATHEWS CONSULT. PROJECT NO. 1542 TITLE: Man rave Pant Boat Ram Modifications This Service Authorization, when executed, shall be incorporated in and shall becozue an i~~tegral part of tlae Contract. TITLE: A reeri~ent for General Constaltin En ineerin Services I. PROJECT DESCIt.IPTION The City of Delray Beach desires to modify tl~e existing boat ramp at Mangrove Park for the purpose of reducing the slope of the ramp. The City also desires to ~i~odify the timber day dock to be instailed at a lower elevation to inrprave accessibility fio~n the water by boaters. II. SCOPE OP SERVICES Phase I -Study and Renarf Phase Not Applicable. Phase II -- Prcliyni~ia~_Desi n Phase Not Applicable. Phase III -- Final Design Phase Consultant shall provide final design phase set•~rices in accordance with Article III.C of the Agreement far Engineering Services with the City, dated May 30, 2007. 1. Design Drawings: Construction documents will be prepared for the construction of the boat ramp that has a lower percentage slope than presently exists. Pla« develaprrtent will proceed in two phases: Mangrove Redesign Conh~act.dac U3/25/IC3 1 • Phase 1: A preliminary plan (SO°! design stage} will be der=eloped for review and approval of the new geometry including ramp prof le indicating length and slope, and horizazrtal layout with revised geometry in the iznu~ediate vicinity of the top of the ramp. Phase 2: Final design (90% and 100% design stages) will coznra~ezzce after written approval of the preliminary geometry plans have been received from the City. Final plans will include plans, specifications and details necessary to construct the ramp and lower the day dock. Access to the day dock will be via steps and will not Ue compliant with ADA requireinerrts, The design will be limited to the modifications to the boat ramp, the sea walls adjacent to the ramp and the day dark. Adjustment or modification to the existing piling line along the perpetual easement and/or adjustment to the bottom of the water way (excluding minor dredging far the ramp re-adjustment) is not included in this scope. Consultant shall prepare construction drawings which shall include: cover sheet, general notes, plar~/pzbfile drawings, and detail sheets conforming to the requirements of the current City of Delray Beach Minimum Construction ~#andards. The drawing scale shall be l" = 20' for plan and 1" = 2' far profile. Consultant shall prepare the ezzgineering design elerrtents an topographic survey izrfoiination prepared by Consultant's surveyor using AutoCAD Release 2009 forzxrat and available As-Built I]rawings. Consultant shall coordinate with t11e City in order to design the proposed boat ramp and day dock modifcations in accordance with the requirements and design standards of the City, Drawin s four ca ies shall be submitted for Cit review at SO%, 90% and 100% Stages, 2. Specificatlazzs: Contract documents consisting of Division 1 specifications shall be prepared by Consultant and shall confarn~ to City of Delray Beacli Standards. "Pront- end" contract documents shall be prepared and provided ley the City for• inclusion in the specification book. Division 2 through Division f 7 specif cations shall be included on the design drawings. S ecifications four co ies shall be submitted for City review at the 90% and 100% stases. 3. Cast ii'asfiniate: At the 50%, 90% and 100°lo stages, Consultant shall prepare a detailed opinion of probable constr•action cost based upon the level of design drawings and specifications approved by the City. The cost opinion shall reflect changes in general scope, extent or character of design requirements i~~corporated during rite various design review stages. D inioxr of robable constrrxctiozl cost four copies) shall be submitted for City review at the 50°/a 90% and 100% stages. 4. Meetings: Consultant shalt attend Kick-off meeting and two (2) design meetings with the City azad provide written sun~nary of the issues discussed, S. QA/QC: Consultant shall provide internal QA/QC reviews on the 50%, 90% and 100% Design Documents (e.g. drawings, specifications and cost estimates). Ma~igE•ove Redesign Con#ract.doc 03/25/LO ~ Phase IV --- Bicldin Negotiation Phase Consultant shall provide bidding phase services in accordance with Article III.D of the Agreement for Engineering Services with the City, dated May 30, 2007. Bid Advertisement: Consultant shall assist City in adveztising for and obtaining bids or negotiating proposals for construction {including materials, equipment and laborj. It is anticipated that work shall be awarded under a single construction eoz~tract. Consultant shall provide 20 sets of bidding dacurnents to the City to issue bid package. The City shall receive and process deposits for bidding documen#s and shall maintain a record of prospective bidders to wham bidding documents have been issued. 2. Demand Star Bid Submittal: Consultant shall fuzz3ish the bidding information to the City in electronic format to be used in conjunction with "Demand Star". 3. Pre-Bid Con~ferenee: Consultant shall attend pre-bid conference and provide a written 5Un1ETlary ()f i55ue5 dISCUSSed. 4. Bid Clarification: Consultant shall issue addenda and shall provide supplemental information or clarification, as appropriate, to interpret, clarify, or expand the bidding documents to all prospective bidders during the bid period. 5. Contract Award: Consultant shall attend the bid opening, prepare bid tabulation sheets and assist City izx evaluating bids and proposals, and in assembling and awaz•ding contract fox consixuctiozY. Consultanf shall submit to City a written recon~zxzendatiozz concerning contract award. 6. Final Deliverable: After Contract Award, C~nsultatzt shall furnish the As-Bid design drawings, one (1) mylar set, one (1) set of AutoCAD (Version 2009) fZles and one (1) set of pdf fzles in electronic format on CD. Consultant shall also provide one hard eop~y of the Contract Doeuznents (i.e. front-ends and technical specifications). Phase V ~ Construction Administrafinn Phase Upon completion of the fizral design phase, the Consultant shall submit Addendum No. 1 to this service authorization fox approval of fees fox eonstxuctian phase services #o be provided iu accordance with Section III-E of the Agreement wi#h the City. An estimate of the construction phase services fees is provided in Atlrrcl't»tejrf C, although the scope and fees are not included under this service a~thoxiza#ion, Other -- Survey Consultant shall furnish the services of a professional suzveyax to provide survey ser~rices consisting offield topography acrd horizontal locations. All existing facilities and utilities within the established project limits will be Hated an the survey and v~rill include the following: Mangrove Redesign Contract.dac 03/25/1Q 3 1. Topography survey shall be provided to depict existing ground profile at proposed project area encompassing the e~cisturg boat rarr~p, bulkhead, day dock acid driveway approach area. Pertinent data that will be collected shall include the following: a. Location of all visible fixed irnprovernents within the project limits, including physical objects, roadway pavement, canals, driveways, sidewalks, curb, trees, signs, fences, power pales, buildings, anal other encumbrances, including point of curvature and point of tangency. b. Location of all known above and below ground existing utilities: FP&L, BellSouth, Cable TV, Natural Gas, Potable Water (pipe dianretex•, TOP, valves, fire Hydrants, and meters), Reclaimed Water Mains (pipe diameter, TOP and valves), Farce Mains (pips diameter, TQP, and valves), Sanitary Sewer (pipe diameter, manhole inverts and dueetion, rim elevations, laterals, and clean-outs), St01`tl1 Sewers (pipe diameter, nranhale inverts and direction, catch basins, acrd rirv/grate elevations), and all other accessible structures. Tlus will include coordination with Sunshine and City of Delray BeacH. Underground piping shall be pot-holed by City in a timely fashion. c. Identify platted rights-of--way (including bearing and distances For centerline), lot nurr~bers, house address, awnerslrip lines, block numbers and dedicated easements. 2. Batlrymetric survey shall be provided of the bottom of the waterway adjacent to the boat ramp area consisting of three (3) cross-section extending from the boat ramp to the seagrass warning sigrrage area. 3. The above topographical survey data will be prepared in AutaCAD (Version 2009) format at a scale of 1"=20', as one continuous file. The City of Delray 13eacH standard layering system shall be followed. Utlrer - Permittiitzx At the outset of the Design Plaase, the Consultant (through its envirorrrnental subconsultartt) shall west witH the appropriate permitting agencies to deternrine potential permitting requirements. Agencies anticipated to Have jurisdiction over the project include: South Florida Water Mauagernsnt Dish7ct (SFWMD) and U.S. Atiny Corps of Engineers (USACOE). Consultant shall apply for and procure a modification of the SFMWD Standard General Permit No. 50-07332-P and USACOE Permit No. SAJ-2005-8610. The rrrodifreation will incorporate rrrinor drudging and construction to improve the functionality of the existing boat ramp. The scope of work assumes the following: Modifcatiarrs will not include any additional impacts to natural resources (i.e. seagrasses, wetlands, and protected plant or animal species). Ma~rgrave Redasigcr ConEracr.doc 03/25110 4 r IVlodifications will not include alterations of the storniwater system ar the installation of additional it~~pezvious surfaces. r An additional seagrass survey will not be required as it is assumed that the seagxass survey completed on August 31, 2009 is applicable to this application far modification (if required, this service can be performed as additional services). In addition to preparing the peru~it applications for appropriate regulatory agencies, Consultant shall assist the City in consultations with the appropriate authorities. Consultation services shall include the following, Attend up to one (1) pre-application meeting with the staff of each of the regulatory agencies (SFWIVID and USACOE). r Attend up to one (1) meeting with each of the regulatory agencies during review of the final permit applications. Respond to requests} for additional information from each regulatory agency. ASSUMPTIONS Work described herein is based upon the assuniptians listed below. If conditions differ from those assumed in a manner that will affect schedule of Scope of Work, Consultant shall advise City in writing of the magnitude of the required adjustments. Changes incompletion schedule or compensation to Consultant will be negotiated with City. 1. City personnel will assist in field verification of affected existing City facilities. This includes nnarlCing in field (in a timely manner) existing water mains, sanitary sewers & laterals, force mains, reclaimed water mains and drainage ui the field far the Surveyor in a timely az~anner. 3. City is responsible for all permitting fees, including casts of public notif cation in local newspapers. 4. The Contract Dacurne~tts will be prepared as a single contract. No pre-purchase of materials andlor equipment is presumed.. S. City will be responsible for preparation of any descriptions, sketches and acquisition of easements (including temporary construction easements) that niay be xequued. Consultan will identify the location and dimensions of any easements ar temporary construction easem.e~rts required for use of the City to prepare the easement descriptions and deeds. 6. Tice design is to be based on the federal, state at~d Local codes and standards in effect a# the beginning of the project. Revisions required for compliance with any subsequent chaX~ges to those regulations is considered an Additional Services Item not currently included in this Scope of ~Norlc. Mangrove Redesign. Contract.doc o3l25/1~ 5 7. Consultant assun~es that there are no contaminated soils or cantaininated gt•outidwater in the project area. ADDITI4I~AX.. SERVICES Consultant shall provide additional engineering services relating to the provision of surveying, geotechnical, sanitary, water, reclaimed watez, and drainage improvements to the project area that are rtnt covered under this Service Authnrizatiorr. These additional services may be required due to uncertainties discovered during survey, soils, investigations, f eld verification of existing facilities and carlditians, and potential property or easement acquisitions. Services perfoitned under this task will be on as-directed basis in accordance with a written Notice-to-Proceed from the City Manager, The Notice-to-Proceed issued slyall contain the following infnrnration and requirements. • A detailed description of the work to be undertaken, • A budget establishing the arrroarrt of the fee to be paid irr accordance with the Agreen~.ent. • A time established for completion of the work. IIi. TIME OF PERI+`ORMANCT The completion dates for this work will be as follows (starting at written notice-#o-proceed). nefer to Atlrrclrme~tl A for schedule summary. En ineering Services Time per Phase Cumulative Tinre~ Survey 2 wccks 2 weeks Final Design lp weeks 12 weeks Permittin g 8 weeks 20 weeks Biddingt1 t 6 weeks 20 weeks triB~ddl~~g ~t~ilf at~erlap ~s~~t/r permi«rr7g tir~ae f ame. 'The schedule is based upon conducting a review meeting within 7 calendar days after the City receives the design submithai. Ail review camtnents shad be p~•ovided to Consultant within 7 calendar clays after the City receives flee submittal. An adjust~nent to the overall schedule will be required in case the review meeting #akes longer to be conducted and/oa• obtainirt~g comments takes lo~tger to receive, Mangrove Redesign Contract.dac t73/2Sfi0 6 vz. calv~ErrsAT><arv The compcnsation for scrvices provided shall be billed an an hourly basis plus reimbursable expenses for each phase of «ork in accordance with Article Vll, Method II, up to the fallowing not to exceed cost for each phase. Refer to Aftttchnte~rf S for budget surnrnary. En~ineerin~ Services Estimated Fees Phase III -Final Design Phase $ 24,213.80 Phase I V -Bidding $ 4,483.00 Permitting $ 1,966.50 Surveying $ 5,251.00 Out-of Pocket Expenses $ 500.00 (~) Additional Services $ 10,000.00 t2) TOTAL PROJECT COST $ 36,414,30 Notes: {1)Olrt-of Packet expenses include floe foil©y~~#rrg: pt•#rat#rrg/r eproducJion urtcl postage. t2)Totaf pr•oJect cost does not #nclude tl~e ~I D,flDQ far r~dtl#ifonrrl Serf>ices ~f r~ittl~or•~TZe~I b~j the C#ty). Mangrove Redesign Contrac~doc 03129/tQ 7 This Service Autlaorizatio~~ is approved contingent upon the City's acceptance of and satisfaction of the completion of the services rendered in the previous phase whereas encompassed by the previous Service Authorization. If the City in its sole discretion is unsatisfied with the services provided i~a the previous phase or Service Authorization, the City niay terminate the contract without uacu;<iing any furtkler liability. The Consultant shall con;thence work upo~a City Con~rnission approval and this Service Authorization to be included as part of the contract without any fia~l~er notice to proeeecl. Approve by: CITY OF DELRAY BEACH: MATHEWS CONSULTING, INC. Date• Date: /~ ~~ Nelson S. "Woodie" Mcbuffie, Mayor Rene L. N~athe P. ~., President Wih~ess Attest: Approved as to Legal Sufficiency and Form STATE OF Ii LORIDA COUNTY OF PALM BEACH The foregoing instruine>>tt was ackn wledged before me this2 s~day of~~H, 201{l by Rene L. Mathews, President o~ Mathews Consulting, Inc., a Florida corporation, on behalf of the corporation. He1She is personally known to me) or (has produced identi~fica iori ; Florida Driver's License and (didldid .not) talcs an oath. %~ ~ Sight re of p ~r on taking Aeknowledgetnent r°~Y "u4w• Notary Public State n[ Ftorida Nancy Armstrong ~ ar My Commissicn DD788482 ~'tgf~o~ Expires45lUBI2U12 Mangrove Redesign Cantract,doc 43/25If4 8 F- Z ELI U F rd ~ a ~ N ~ td "'~ V O z 0 a a N rn 4 © -~ T C L Q W .~ LL C ~ Q (~ ~ Ci LV td '{~ ~ ~ ~ '~ M '~ _ !d tCi N Q ~ T d r to r~ ~ N ~ ~ ~ ~ ~ ~ '~ ~ ,a ~ ~ ~ `° ~ 0 ~ K o •~ N ,Q~J ~ .~ ~ C ~ w ti G u ~` a ~ c ~ C ~ ~ a' ~ ° ~ E n U ~ U ° m :~ 0 0 Z uJ i~. EL f!~ U U ~~ 1J.1 Z J l- ~Z 0 U w w z z w c~ Ql O r N n P V [°} ~b `~ x ATTACHMENT B C'ify ofDelra}' hfaltgMi'e Parr: Boat RanJp hfodrfirntiotes Bud~nkSummarv - Des9zln, perrnittinr~ and did i'hase Services Labor Gassificatlonend Ilou~ty Rates itase Nc, ask I3escdption PdnGpal Engineer $139.00 Senior EnD~eer-il $127.110 Engineer] 5104.00 Senor Constnicilon Inspector $90.00 Senior Engineering Technician 5;64.6D Senor Cadd Designer $89.00 Cledca[ 552.E TWa1 Labor Suh• Consultant Seruces III Pinat Dasi tF phnso 3.1 60% Design tharrintls 8 8 $1,884,D0 3,2 9D% Design t]ra,~rin s 8 8 $7,884,00 3.3 100% T~eslgn 7lravrings 6 6 $1,388.00 3.4 S ealGcaElons 2 5278.00 3,5 Constniciloa Cori Opinion 8 $634.00 3.8 Meeitngs 4 S5."~6.00 3,7 QuafityAssurance 8 $834.Ei0 Sfnicfural5ubcensWlant ridge beslgn7 515,078.00 9ubfo7al 40 0 8 0 22 0 0 $7,BRD.DD $!5 078.00 iV t3lddln phase 4.1 Btd Adr~llsamerit 2 2 2 $576 4.2 Demand Siar Bid Submttat 1 2 2 5431 4.3 Pro-81d Conference 4 2 5060 4.9 Bid Glaa'bcatfon 4 4 2 5848 4.5 Contract Afva~d S 5839 4.0 Final Rsliverabla 4 4 d 57,140 SubWfal 2! 0 0 0 14 D 12 $A,d89 dotal PermilEln fifICOPSf/trantFAf 2 5278.00 $1,539,00 Suneying (Subconsufrant Dennis J. Lea & Assoc) 2 2 $468.00 59,350.60 Subtotal d 0 0 0 2 0 0 749,00 5,888A0 LabcuSubtoleil-lours 85 0 0 0 34 0 12 $!2,855.00 $Z0,883.OD Labor Subtotal Co3is $9035AD 50.00 50.00 $0.00 $3,106.OD $0.00 $624.00 Labor TOtai Cosa $14,855.00 Subconsuitant Cos7s Total 520,953,00 Subconsu4tant Multi lien 1.1 SubCOUSUI la nt tafai $23,459.30 Relmdursabls Expenses ;50D.00 PlaJeet to7a1 $38,4ld.3D IV~angrove Redesign Cantract.c€ac D3/25/1O 10 ATTACHMENT C Cifp nfDelrrr~~~fnr:grore Prrrk Bout Rnukn hforl~catlons Buduet Estimate ~ Construction PJtase Services Lahor Classificaibn and Heuri bates hase tdo, ask DescrlPtion princtpat Engineer 8734.04 Senior Englneer~ll 3727.00 Engineer] $t04,00 Senior Construcibn fitspector $90.(}4 Sentvr Engineering Technician $94.(30 Senbr Cadd Designer $09.00 Clerical $52.40 Totai La1nr Sub- Consultant Serucas V ConsiructfpnManagemantServlcos Iniemal ProJec# Management 6 8834 A#iend ie-consiructlon and monthly rt7eatings 8 S 51,781 RaUaw st3op drawings 8 s0larrrtftals 18 $832 Intrepretattonfeladficaibns of documents 3 5477 RaNew monthly sctrodula & Pay Ap fi 8$34 Pa~c engineetlng site ins actions 32 $2.860 Substan0allFinal com tailor] Ins eGbns 9 4 $8t1i Final Pro cl certlficotians 2 3278 Raeord DraSVirtgs 2 4 8$30 3ubconsulfahf - Bridge 378Sfgq 37,290 Sabtotal 32 O O AO 0 O 78 28,420 Lat3orSui3loialllours 32 0 0 AS 0 0 76 #8,420.00 37,280.00 LaborSubtolalCasis 54,440.00 50.00 $D.00 34,140.00 Sd.4o $0.00 5832,00 Labor Total Cods ;9,420.00 Suhconsuilant costs Tofai $7,294.44 Sut>GOnsutlant Mufliptter 1.1 Subconsultant Total x0,078.00 1?elmbursable Ex enses $250.04 Protect total Si7 568.00 "Labvresflmaies assrxnelotal cvnsiructivn conlract Elme of 3 months, tttth 2 menthe flail] aoflvfly for cvnsrnratlvn of impre~emenis. Mangrove Redesign Cotttract.cioc 43125/i0 l l ~m H U F~ i ~:W t ~ ~~ r.,~~ ~ ~ ~. - -~. .~„~ ..~ ~ ~; ~ ~ ~„~. ~ t~ ~$ '~' "; 1'F; ~~ k k f a ~ ~~ # .W:- '{y~t ~. l~ .-_ ~ a ,. {.L 4 e ~",~~~ 7 ,~ W-.. l'~~ ?.. a ~ ~ ~ ~~. ~ _ ~~'. a. „~.~.r E F~;~y '~ ,4 ~"~ v w 0 Page 1 of 2 MEMQ~t.ANDUM TO: FROM: Mayor and City Commissioners Timothy Tack, Project Manager ESD/CRA Richard C. Hasko, Environmental Services Director THROUGH: David T. Harden, City Manager DATE: March 30, 2010 SUBJECT: AGENDA ITEM S.C. -REGULAR COMMISSION MEETING OF APRIL 6, 2010 SERVICE AUTHORIZATION N0.47-151MATHEWS CONSULTING, INC.ISW 12 AVE./AUBURN AVE./SW 1~1 AVE. ITEM BEFORE COMMISSION Request for Commission approval/authorization for the Mayor to execute the service authorization #07- 15 with Mathews Consulting, Inc. for the design of S W 12 Ave./Auburn Ave./S W 14 Ave. improvements Project #2010-098. The cost of this Serviee Authorization is $116,&17.00. BACKGROUND This project is in coordination with the Community Redevelopment Agency and Palm Beach County, and is part of the Southwest Area Neighborhood Redevelopment Plan. The estimated cost of construction for the project is $1,000,000. This project consists of Roadway Improvements on SW 12th Avenue from Atlantic Avenue to SW 4th Street, Auburn Avenue from SW 4th Street to Auburn Drive, and SW 14th Avenue from SW 8th to SW 10th Street. The scope of the project includes roadway resurfacing, sidewalks, design build irrigation specifications, paver cross-walks, drainage improvements, and bus shelters (if required). SW 12th Avenue (Atlantic Avenue to SW 1st Street) will additionally include design for a new left-turn lane onto Atlantic Avenue, new right-turn onto Atlantic Avenue with a through lane, on-street parking where possible, landscape nodes, and decorative street lighting. SW 12th Avenue (SW 1st Street to SW 3rd Street) will additionally include design for on-street parking where possible, and landscape nodes. SW 12th Avenue/Auburn Avenue (SW 3rd Street to Auburn Drive) and SW 14th Avenue (SW 8th Street to S W 10th Street) wi11 additionally include design for trees on both sides of the roadway. Staff anticipates performing construction administration (CA) services in house. Upon completion of http:/Imiweb001/AgendasBluesheet.aspx?ItemID=3174&MeetingID=254 4/2/2010 Page 2 0~ 2 final design, any project components requiring consultant CA services will be identified and a supplemental service authorization will be brought forward for approval. FUNDING SOURCE The funding for design will be provided in accordance with the Inter-Local agreement with the Community Redevelopment Agency in the amount of $150,000, which was approved by City Commission on September 30, 2009. Funding for construction will be provided by the Inter-Local Agreement with Palm Beach County in the amount not to exceed $1,000,000, which was approved by City Commission on November 11, 2009. The funding source is account # 334-3162-541-68.04. RECOMMENDATION Staff recommends approval. http_//miweb001/AgendasBluesheet.aspx?ItemID=3174&MeetingID-254 4/2/2010 CITY OF DELRAY BEACH CONSULTING SERVICE AUTHORIZATION DATE: SERVICE AUTHORIZATION NO. 07-15 FOR CONSULTING SERVICES CITY P.O. NO. CITY EXPENSE CODE: CITY PROJECT N0.2010-098 MATHEWS CONSULT. PROJECT NO. TITLE: 5W 12 AvlAuburn/SW 14 Av This Service Authorization, when executed, shall be incorporated in and shall become an integral part of the Contract.. TITLE: A cement for General Consultin En 'eerie Services I. PROJECT DESCRIPTION The scope of this Service Authorization is, but not limited to providing geotechnical services, survey services, field verification, final design, permitting, and bidding services for the SW 12 Av/Auburn/5W 14 Av Project (project limits are shown in E~ibit 1} as follows: SW 12~' Avenue (Atlantic Avenue to„~W lst Street) • New left-turn lane onto Atlantic Avenue: • New right-tum onto Atlantic Avenue with through Iane. • Resurface Roadway. • On-street parking where space is available. • Sidewalks on both sides of roadway. • Landscape nodes wl landscaping and irrigation sleeves. • Design/Bui1d performance Specification for irrigation system. • Decorative street lights. • Paver cross-walks. • Drainage Improvements per Surface Water Mgmt Study (refer to Exhibit 2}. • Bus Shelter concrete pad (if required). SW 12"' Avenue (SW lst Street to SW 2~'d Street} • Resurface Roadway. SW12/Aubum/SW 14 3/24/2010 1 MATHEWS CONSULTING • On-street parking where space is available. • Sidewalks on both sides of roadway. • Landscape nodes w/ landscaping and irrigation sleeves. • Design/Build performance Specification for irrigation system. • Paver cross-walks @ intersections {x114 corners}. • Drainage Improvements per Surface Water Mgmt Study (refer to Exhibit 2). • Bus Shelter concrete pad (if required). SW 12th Avenue {SW 2"d Street to SW 3Fa,_Street) • Resurface Roadway. • On-street parking where space is available. • Sidewalks on both sides of roadway. • Landscape nodes w/ landscaping and irrigation sleeves.' • DesignBuild performance Specification for irrigation system. _ • Paver cross-walks @ intersections (all 4 corners). • Drainage Improvements per Surface Water Mgmt Study (refer to Exhibit 2}. • Bus Shelter concrete pad {if required}. Auburn Avenue (S W 3rd Street to Auburn Drive} • Resurface Roadway. • Trees both sides of roadway. • Sidewalks {fill in gaps). • Design/Build performance Speaif cation for irrigation system. • Paver cross-walks. • Drainage Improvements per Surface Water Mgmt Study {refer to Exhibit 2). • Bus Shelter concrete pad (if required). SW 1.4't` Avenue (SW $~' Street to SW 10~' Street} • Resurface Roadway. • Trees both sides of roadway, • Design/Build performance Specification for irrigation system- • Sidewalks (fill in gaps) -East Side. • New Sidewalks -West Side. • Paver cross-walks. • Bus Shelter concrete pad (if required). NOTE: Drainage improvements (between Atlantic Avenue and SW 4~' Street) shall generally be located anal sized in accordance with the Southwest Area Neighborhood Surface Water Management Study, April 2008 as prepared by Mathews Consulting. Refer to Exhibit 2 for drainage improvements in the project area. Drainage improvements south of SW 8~ Street shall connect to the existing drainage in SW 10~' SW12/Auburn/SW 14 3/24/2010 2 MA.THEWS CUNSUI.TING Street which outfalls to Park Ten. This design scope does not include drainage improvements along SW 4~' Street (between Auburn Avenue and SW 10~' Avenue) as depicted in the SW Area Neighborhood Drainage Study. II. SCOPE OF SERVICES Phase I -Study and Report Phase Not Applicable. Phase II - Freirmrina Desi Phase_ Not Applicable. Phase III - Finial Desisn Phase Consultant shall provide final design phase services in accordance with Article III.C of the Agreement for Engix~eerin;g Services with the City, dated March I6, 2004. ]. Field reconnaissance of the proposed project limits shall be performed. Photograph log walk-through will be included. In addition, potential underground and aboveground existing utilities will be identified. 2. Coordination with utility agencies shall be performed to collect record information. This subtask includes reconciling apparent discrepancies between record information and existing photographic and field-verification information. 3. Consultant shall prepaze construction drawings which shall include: cover sheet, general notes, civil planlprofile drawings, turn-lane drawings, landscape drawings, decorative lighting drawings and detail sheets conforming to the requirements of the current City of Delray Beach Minimum Construction Standards. The drawing scale shall be 1" = 20' far plan and 1" = 2' far profile. Consultant shall prepare the engineering design elements on topographic survey information prepared by Consultant's surveyor using AutoCAD Release 2009 format. 4. Contract documents consisting of "front-end" documents and technical specifications shall conforax to City of Delray Beach Standards and the FDOT Standard Specifications far Road and Bridge work. 5. Drawings and specifications (four copies) shall be submitted for City review at 30%, 50%, 90% and 100% stages. G. At the 30%, 60%, 90% and 100% stages, Consultant shall prepare a detailed opinion of probable construction cost based upon the completed final design SW12/Auburn/SW 14 3/24/2010 3 MATHEWS CONSUI.TTNG drawings and specifications approved by the City. The cost opinion shall reflect changes in general scope, extent or character of design requirements incorporated during the various design review stages. 7. Consultant shall attend kick-off meeting and three {3) design meetings with the City and provide a written summary of the issues discussed. S. Consultant shall provide internal QA/QC reviews on the 30%, 60%, 90% and 100% Design Documents (e.g. drawings, specifications and cast estimates). 9. Consultant shall furnish with the 104% design drawings, one (1) mylar set and one (1} set of AutoCAD (Version 2009} fles in electronic format (*.DWG & *.DWF) on CD. Specifications shall be provided in electronic (PDF & WORD) format. Phase IV --~ Biddiau~/Ne~otiation Phase Consultant shall provide bidding phase services in accordance with Article III.D of the Agreement for Engineering Services with the City, dated March i 6, 2044. 1. Consultant shall assist City in advertising for ant£ obtaining bids or negotiating proposals for construction (including materials, equipment and labor). It is anticipated that work shall be awarded under a single construction contract. Consultant shall provide up to twenty (20} sets of bidding documents to the City to issue bid package. The City shall receive and process deposits for bidding documents and shall maintain a record of prospective bidders to whom bidding documents have been issued. 2. Consultant shall attend mandatory pre~bid conference and provide ~ a written summary of issues discussed: 3. Consultant shall issue addenda and shall provide supplemental information or clarification, as appropriate, to interpret, clarify, or expand the bidding documents to all prospective bidders during the bid period. 4. Consultant shall attend the bid opening, prepare bid tabulation sheets and assist City in evaluating bids and proposals, and in assembling and awarding contract for construction. Consultant shall submit to City a written recommendation concerning contract award. 5. Consultant shall furnish all bid information to the City in electronic format to be used in conjunction with "Demand Star". SW 12/Auburn/SW 14 3/24/2010 4 MATHEWS CONSUL'r1NG Phase V - Construction Administration Phase Upon completion of the final design phase, the Consultant shall submit an Addendum to this service authorization for approval of fees for construction phase services to be provided in accordance with Section III-E of the Agreement with the City {if requested by City). Other - Permitting At the- outset of the Design Phase the Consultant shall meet with the appropriate permitting agencies to determine potential permitting requirements. Agencies anticipated to have jurisdiction over the project include: Florida Department of Transportation (FOOT). An FOOT "Driveway/Connection Permit" to work in Atlantic Avenue may be required for the new north bound turn lane along S W 12th Avenue. Associated permit application fees shall be determined by Consultant and paid by City. In addition to preparing the permit applications far appropriate regulatory agencies, Consultant shall assist the City in consultations with the appropriate .authorities. Consultation services shall include the following: Attend up to one (1} pre-application meeting with the staff of eaoh of the regulatory agencies. Attend up to one (1) meeting with each of the regulatory agencies during review of the final permit applications. ^ Respond to request(s) for additional information from each agency. NOTE: No storm-vater permitting is required or included herein. Other -- Survey Consultant shall furnish the services of a professional surveyor to provide survey services consisting of field topography and horizontal locations referenced by baseline stationing. All existing facilities and utilities within the full right-of--way of the established construction limits will be referenced by baseline station with an offset distance {left or right) from baseline for the project and will include the following: 1. Topography survey at 50-foot intervals and at major ground elevation changes to depict existing ground profile at proposed project area. A11 topographical surveys shall leave stationing established from south to north and west to east where SW12/Auburn/SVfI 14 3124/2©10 5 MATHEWS CONSULTING applicable. This shall be accomplished by creating a baseline in the field to collect pertinent data which shall include the following: a. Location of all visible fixed improvements within the right-of way {including 10- feet back on each side of the right-of way) of the project limits, including physical objects, roadway pavement, driveways, sidewalks, curb, trees, signs, fences, power poles, buildings, and other encumbxatxces, including point of curvature and point of tangency. This also includes the front two corners of the building an each tot. b. Location of all known above and below ground existing utilities: FP&L, AT&T, Cable TV, Natural Gas, Potable Water (pipe diameter, TOP, valves, fire hydrants, and meters}, Farce Mains (pipe diameter, TOP, and valves), Sanitary Sewer (pipe diameter, manhole inverts and direction, rirn elevations, laterals, and clean-outs), Storm Sewers (pipe diameter, manhole inverts and direction, catch basins, and rim/grate elevations), and all other accessible structures. This will include coordination with Sunshine and City of Delray Beach. a Identify platted rights-af--way (including bearing and distances for centerline), lot numbers, house address, ownership lines, block numbers and dedicated easements. d. Elevations shall be indicated every 50 feet, at a minimum, to indicate centerline grades, edge of pavement grades and shoulder grades, low points and all right of- way lines. Intermediate grades shall be indicated at all grade breaks, driveways and sidewalks. Two grades (one at the right-of--way line and one 15 feet back) shall be indicated an the driveways to indicate direction bf grade. e. The survey shall include topography of the complete intersection, SU feet beyond radius returns, at the terminal end of each street. £ Provide and reference benchmarks at maximum G00-fast intervals. Elevations to be referenced to an existing established City or County Benchmark. g. Provide one permanent bench mark tied to State Plane Coordinates. 2. The above topographical survey data will be prepared in AutoCAD {Version 2008) Other - Geotechnicai Consultant shall furnish the services of a professional geotechnical engineer to provide subsurface investigations of the project area that will include: SW121Auburn/SW I4 3/24/2010 6 MATHEWS CONSULTING 1. Perform up to ten (la) standard penetration test (SPT~ borings to an average depth of fifteen {15) feet along project lirtiits. 2. Perform up tp four (4) pavement cores along project limits. 3. Evaluate field data collected and provide geotechnical engineering evaluation report. Other -Field Ve3ri~fication Consultant shall furnish the services of a professional underground services company to provide underground field locations of affected existing utilities. The work shall consist of measuring and recording approximate horizontal location and vertical depth of affected utilities within the project limits. It is anticipated that approximately twenty (20) utility locations will need to be pot-holed. ASSUMPTIONS Work described herein is based upon the assumptions .listed below. If conditions differ from those assumed in a manner that will affect schedule of Scope of Work, Consultant shall advise City in writing of the magnitude of the required adjusfinents. Changes in completion schedule or compensation to Consultant will be negotiated with City. 1. City will provide Consultant record drawings of all available existing facilities and proposed facilities, which shall serve as the basis of design in this project. The information will be provided to Consultant within 7 calendar days of NTP. 2. City personnel will assist in field verification of affected existing City facilities. This includes painting the locations of water mains, force mains, sanitary sewers and laterals iza the field for the surveyor. 3. Consultant can assume that all existing and proposed streetscapelinfrastructure improvement aligaaments are within City of Delray Beach, rights-ol=way. 4. City will be responsible far acquisition of easements (including temporary), if required. S. City is responsible for all permitting fees, including costs of public notification in local newspapers. 6. A single bidding effort for each Phase is assumed. Re-bidding of the project is considered an Additional Services Item. SW121Auhurn/SW 14 3/24/2010 7 MA7'HEWS CONSULTING 7. The design is to be based on the federal, state and local codes and standards in effect at the beginning of the project. Revisions required for compliance with any subsequent changes to those regulations is considered an Additional Services Item not currently included in this Scope of Work. $. Consultant assumes that there are no contaminated soils or groundwater in the project area. 9. City will be responsible for coordination of relocation of power poles as necessary for construction of the infrastructure improvements. 10. This Service Authorization does not include any #raffic signalization design_ ADDITIONAL SERVICES Consultant shall provide additional engineering services relating to the provision of sanitary, water, drainage, reclaimed water and streetscape improvements to the project area that are not covered under this Service Authorization. These additional services may be required due to uncertainties discovered during survey, soils, investigations, field verification of existing facilities and conditions, permitting regulations, and potential property or easement acquisitions. Services performed under this task will be on as-directed basis in accordance with a written Notice-to-Proceed from the City Manager. The Notice-to-Proceed issued shall contain the following information and requirements. ^ A detailed description of the work to be undertaken. ^ A budget establishing the amount of the fee to be paid in accordance with the Agreement. ^ A time established far completion of the work. 5W12/Auburn/SW 14 3/24/2010 S MATHEWS CONSULTING III. TIME OF PERFORMANCE The completion dates for this work wil! be as follows (starting at w_ ritten notice-to-proceed). Refer to Attachment A ~ Project Schedule. En 'nl~g 5ervice~ Time per Phase Cumulative Time Survey 6 weeks b weeks Phase III -Final Design{~} 24 weeks 30 weeks Phase IV --Bidding 8 weeks 38 weeks {1 ~ Geotechnical, Field Verification and Permitting wild be completed during Phase III -~-Final Design time period. * The schedule is based upon conducting a review meeting within 7 calendar days after City receives the Subnuttal. All review comments shall be provided to Consultant within 7 calendar days after City receives the submittal. An adjustment to the overall schedule will be required in case the review meeting takes longer to be conducted and/or obtaining comments takes longer to receive. IV. COMPENSATION The compensation for services provided shall be billed on an hourly basis plus reimbursable expenses for each phase of work in accordance with Article VII, Method II, up to the following not to exceed cast for each phase. Refer to Attachment B for fee break-down. En 'ngi Bering Services Estimated Fees Phase III -Final Design Phase $ 71,047.00 Phase IV -Bidding (Phase n $ 5,932.00 Permitting $ 938A0 Surveying $ 21,450.00 Geotechnical $ 5,500.00 Field Verification $ 8,250.00 Out-of Pocket Expenses $ 3,500.00{~} Additional Services $ 15,000.00 TOTAL PROJECT COST $116,617.00} Notes: {1}Out-of-Pocket Expenses include the following: printing/reproductian and postage. {2}Total project cost does not include the $1 S, 000 for.4dditional Services (if authorized by the City). 5W12/Auburn/SW 14 3/24/2010 9 MATHEWS CONSULTING This Service .Authorization is approved contingent upon the City's acceptance of and satisfaction of the completion of the services rendered in the previous phase whereas encompassed by the previous Service Authorization. If the City in its sole discretion is unsatisfied with the services provided in the previous phase or Service Authorization, the City may terminate the contract without incurring any further liability. The Consultant may commence work on any Service Authorization approved by the City to be included as part of the contract without any further notice to proceed. Approve by: CITY OF DELRAY BEACH: MATHEWS CONSULTING, INC. Date: Nelson S. McDuffie, Mayor Date: David Mathews, P.E., Vice President Witness Attest:- Approved as to Legal Sufficiency and Form STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this ,_,day of , 2010 by David Mathews, Vice President of Mathews Consulting, Inc., a Florida corporation, on behalf of the corporation. He/She is (personally known to me) or (has produced identification}, Florida Driver's License and (did/did not} take an oath. 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J m v, w R a ci z ~, ~ ~ a O U m m :. a s x w ~- c:a ~, ~a ~z ira v: ~~~ ~w F : ; : ~° ~,. - - ~w::" g 1 "` ~~3 •,~ ~. ~ ~. r . , >:. $~ __ .... _ _ ~~ ~°rrw~'T i ii ~~ ~~ 5,8~ 7 `.: ~ ~ ~ ~~ ~ ~ ~ ~;~~ rE' d~,~~ ~ AAA ~ ~ ss~;3 )~' " Y. y, ~ # e ~ ' a ~ 1 1 gy ~=h7~Y .E s, ~ [ x r ~LI LI~ jF yS ifs I yy f ~ ?vx =~~ ~- a ~~ u ~ ~ ~ 1J °~ I A t p.-, ,~ _~__~. ~: ~ i ~A :- ~~ a . I :i d c`: ~'`~ ~j ~~ .,. T...1 ""; ~ ~ 1 tE" ~ °~ err' i ;% !~..~! 4.. t I ~'~ ~? a~ ?;,., ,L,ag~~ "'i, ~. LLL333 Q a ~~r-" r< L_._. {,~} N~lS30 AaVNEWl~341d ~ ~ ~' ~ c~i ~. ~ ~ ~~~~ ~ ~ ~ U ~ & ~ ~ ~Er ~ ~ ~~~ r s ~ ~ ~ ~ ~ ~ ~~~~~~~~ ~ o ~ ~ ~~ ~ ~ ~~~~~~g~ ~ g~ ~ e~ t ~~1~~~ ~~~a~~~~ }~~ x ~' ~~~~~~~~ ~ x ~ a~4 ~~~ --~....~ U ~ U LL K i~'i-rr~ a ~ ~ ~ N UU ~ ix k ~ ~~ :~+~ , i ~1° ~ ~_w _ - F _ i ~ a ~ ~ z. ~~~ ~~ ~~ ~ ~ ~ - x ~, ~ ~ ! N i - ~ z d °~+ \ °i ~ ~ iii r ~ ,~ -~~ ~ r~r~~ ~ _ ~ ''~ - ~ - ~v2~ 33 ! 'y °er ~~~\ ~~ ~~ ~ ~ ~N ~ ~~ ~' ~ ~~' S~ o~Y i ~t ~ U ~ m~~~ ~ ~ ~~ &e,, ~ ~- ~~~ ~ ~ J~ o~<~ o~~ ~~~ ~W~~ ~~ ? ''- F" - ab ~ mom ,amr.: aes~W ar+a.+a~o~wr~1 man°: a 1+0:' :~'n~ r:..: s.n P~:.~.:. ~:n Page 1 of 1 MEMORANDUM TO: Mayor and City Conunissioners FROM: Richard C. Hasko, P.E., Environmental Services Director THROUGH: David T. Harden, City Manager DATE: March 30, 2010 SUBrECT: AGENDA ITEM $.D. -REGULAR COMMISSION MEETING OF APRIL 6.2410 CONSULTING SERVICE AUTHORIZATION/KIMLEY HORN AND ASSOCIATES, INC. ITEM BEFORE COMMISSION Consideration of a proposal from Kimley-Horn Associates in the amount of $23,900 for sail vapor monitoring of landfill gases at the Robert P. Miller Park athletic facilities. BACKGROUND Subsequent to the completion of earthwork activities relating to the subsurface landfill material encountered at the Robert P. Miller Park project site, Kimley-Horn, the City's project engineer, conducted soil gas vapor sampling in areas where buildings had been constructed with the site redevelopment for compliance with the Florida Department of Environmental Protection (FDEP) document titled "Guidance for Disturbance and Use of OId Closed Landfills or Waste Disposal Areas in Florida". Results of that sampling effort revealed the presence of elevated methane vapors in one of the monitoring wells at the main two story concession/press box structure. As a result of those findings and in order to remain compliant with the referenced FDEP guidance document, a regimen of monthly sampling and analysis activities is necessary to ensure that landfill gases are not collecting in the building areas, potentially resulting in public health and safety issues. The scope of services for this proposal includes reestablishment of sampling wells, three initial monthly samples to establish variation of vapor levels over time, nine additional monthly samples as required to confirm that vapors are dissipating, and writken evaluations of sample results and recommendations for any further monitoring needs, if any. Samples reflecting no presence of landfill gases during the first three month testing cycle will be dropped from the sampling scope resulting in a corresponding decrease in fees as proposed herein. FUNDING SOURCE Funding for this proposal is available in general construction fund account # 334-4173-572-63.90, Miller Park, Other Improvements, after budget transfer. RECOMMENDATION Staff recommends approval of the subject proposal. http://miweb0011Agendas/Bluesheet.aspx?ItemID=31 S 5 &MeetinglD=2S4 4/2/2010 CONSULTING SERVICE AUTHORIZATION DATE: SERVICE AUTHORIZATION NO. FOR CONSULTING SERVICES CITY P.O. NO. CITY EXPENSE CODE. TITLE: MILLER PARK LANDFILL GAS MONITORING 1. PROJECT DESCRIPTION Soil vapor monitoring of landfill gas was completed at the Miller Park site on September 2, 2009. The monitoring was conducted in six sail vapor monitoring wells constructed adjacent to three on-site buildings. The monitoring results indicated the presence of elevated methane vapors in,.one vapor monitoring well (VGV-4) at 32% of the methane lower explosion limit (LEL). In response, an additional landfill gas monitoring proposal has been developed to conduct twelve monthly monitoring events in the vapor monitoring wells and in three on-site buildings. The scope anal fee for conducting the routine vapor monitoring are provided below. 2. PROJECT ASSUMPTIONS K7A's proposed scope and fee is based on the following assumptions: 1. Vapor monitoring wells installed at the site will not be damaged or compromised by activities at the site. 2. Access to vapor monitoring wells and buildings duxing the vapor monitoring well installation, finishing, and monitoring will be provided by the Client or the Client's representative. 3. A total of twelve vapor monitoring events will be completed. 4. The first three vapor monitoring events will be conducted in the six vapor monitoring wells installed at the site and the three on-site buildings. 1 5. The nine vapor monitoring events, following the first three monitoring events, will be conducted in either two to four vapor monitoring wells and one to two on- site buildings based on an assumed reduction in the required monitoring locations. b. The Client or the Client's representative will be on-site to direct and oversee all work conducted at the site in order to reinstall and finish the vapor monitoring wells. 3. SCOPE OF SERVICES Tasl~ ~. Finish and Reinstall Vapor Monitoring Wells A licensed well driller will finish three existing temporary vapor monitoring wells as permanent vapor monitoring wells with at grade hand-holes and concrete pads. Three existing wells that were damaged during construction will be re-installed as a permanent vapor monitoring wells with finished at grade hand-holes and concrete pads. Task 2. Conduct Three Initial Vapor Monitoring Events A Certified Industrial Hygienist (CIH), subcontracted by KHA, will complete three initial monthly vapor monitoring events at the site. A multigas detector will be used to determine vapor concentrations in each of the six vapor monitoring wells and within the interior spaces of the three on-site buildings. A minimum of one well volume of vapor will be extracted from each vapor well during which time the vapor concentration will be recorded at approximately one to two minute intervals. The vapor monitoring will include the recording of the concentration of combustible gases as a percent of the methane LEL, percent oxygen, parts per million carbon monoxide, and parts per million hydrogen sulfide. Task 3. Conduct Nine Additional Monthly Vapor Monitoring Events After completion of the three initial monthly vapor monitoring events, a Certificd Industrial Hygienist {CIH} subcontracted by KIIA will complete nine additional monthly vapor monitoring events at the site. A multigas detector will be used to determine vapor concentrations in four vapor monitoring wells and within the interior spaces of two on- site buildings. A minimum of one well volume of vapor will be extracted from each vapor well during which time the vapor concentration will 6e recorded at approximately one to two minute intervals. The vapor monitoring will include the recording of the concentration of combustible gases as a percent of the methane LEL, percent oxygen, parts per million carbon monoxide, and parts per million hydrogen sulfide. The additional nine monthly monitoring events described in this task are based on the condition that the three initial monthly monitoring events show a decreasing vapor concentration. If vapor concentrations increase, remain steady or if vapors are found at additional Iocations during this period than the monitoring described this task will need to be expanded. The cost of the expanded monitoring would be completed under an addition services contract, which is not included in this proposal. The additional services contract must be approved by the Client prior to any expanded monitoring being completed at the site. Task 4. Reporting 1. KIIA will submit a brief written summary documenting the results of each monthly vapor monitoring event conducted at the site. 2. KHA will complete a written evaluation of the first three monthly vapor monitoring events and provide a review of the vapor concentrations and the monitoring frequency. After completion of the twelve vapor monitoring events, KHA will complete a written summary and evaluation of the vapor monitoring conducted at the site. Should the landfill vapor monitoring indicate vapors are present at levels that pose a risk to human health; the Client should immediately develop and implement a vapor mitigation plan in conformance with the Florida Department of Environmental Protection's Guidance For Disturbance and Use of Old Closed Landfills or Waste Disposal Areas In Florida. LO SERVICES NOT INCLUDED Any services not specifically provided far in the above scope of work, as well as any changes in the scope the Client requests, will be considered additional services and will be performed at our current hourly rates. Additional services we can provide include, but are not limited to, the following: • Detailed site investigations • Environmental site assessments • Contamination delineation and monitoring • Remediatian and mitigation plans, implementation and monitoring • f,iaisons with government and regulatory agencies • Work plans and project observation • Project permitting • Meetings with the Client, their representatives and regulatory authorities 3 III. BUDGET KHA will perform the services described in the above Scope of Services as follows: Task 1 -Finish and reinstall vapor monitoring wells Lump Sum $4,300 Task 2 -Conduct 3 initial monthly vapor monitoring events Lump Sum* $4,200 Task 3 -Conduct 9 additional monthly vapor monitoring events Lump Sum** $6,500 Task 4 -Reporting Lump Sum $8,900 Total $23,900 Notes: * Task 2 lump sum tee is based on monitoring six wells and three buildings for three events. ** Task 3 lump sum fee is based on monitoring four wells and two buildings for nine events. if only one well and one building axe monitored for nine events, the cost for Task 3 will be reduced from $6,500 to $4,500. All permitting, application, and similar project fees will be paid directly by the Client. Any services outside of those described in this document will be billed on a Time and Materials basis. Access to all work areas will be provided by the Client The Client will also provide an on-site representative to locate and observe the vapor well conversions and reinstallations. Fees will be invoiced monthly based upon the percentage of services performed as of the invoice date. Payment will be due within 25 days of the date of the invoice. IV. COMPLETION DATE We will provide our services to meet a mutually agreed upon schedule. THE REST OF THIS PAGE IS INTENTIONALLY LEFT BLANK 4 Approved by: CITY OF DELRA.Y BEACH: Date: Mayor KIMLEY-HORN AND ASSOCIATES, INC: Date: By: (Seal) Witness Witness Attest: Approved as to Legal Sufficiency and Form Attest: BEFORE ME, the foregoing instrument This day of of 2005 was acknowledged by On behalf of the Corporation and said Person executed the same free and voluntarily For the person there-in expressed. Witness my hand and seal in tlae County and State aforesaid this day of , 2004. Notary Public State of Florida My Commission Expires: 5 ~_._.~,_~.~.~ i F,. ~~ , - ";, S C11+1h' ~7 SSl~ll+l~~.[.-fb' zsA~sanc owi~~roeea E i~ s,'~e~~: tse r~ <''~" S~l'Id t7i8 35118 H~tl~B h a0~C7 ~fl1~1~ T LJ ___ ue~ _ y ~~~~ x~' ,~' "~~ 3 " NOIldl2[~53fl 1fl~C~2id ~ ,., ,, ~ .,-.w~ .~_~., _~.~_ ~.,~~.~_ ~. _.~-,. _,.~-~~•---~~ - - ti ~; t ~ o ~_< ~"~ h ~. ~ i ~ ~~ ~t ~ ~ ~~ ~~~ g ~ ~~ r ~ ~ ~ ~ ~ C ~ O 4FV }Y~U { ~ `I ~' v.. ~, s ~ p~u°i ~ ~ ~w~=off' ~.. n~ nw ~ ~~ ~ ~' ~ -' ate- ..z~ ~ oa"~.~zw x ~' 1 ~ '~' tom, t x my ~~, ~Qg ~ ~o~~~ at ? o -'~` ~ ,6Tt,.".' 'f ~~ T _7 ~ ~z~~"o c"'i~F- 5~c ~'aR,Ye'u~ E W z z~ao. ~ M..l9rV .mow '~~y ~ :~~ 4 ~ ~~ ~" ~~" - <a ~~ °' ~ i ~ ~ , - h fr ` ~ ~r - i- } Y ~ ~ e`. yt y~ t I`j x y .. i,~l _ e} i ~ ~ n_ ~ I t~hs~~ a ~ ti !'t~ 4t': ~i ti ~~ ~ ~ ~ ~ ~ . ~~~~ r ' 5 all" ~.,.r ~-~ ~ ~ 4 h} ~ ~ t # ~ ! 7 "" ~. _ _ _ - _. r ~~ 1 ~ ~ ~~ {;~ ~ ~ ~~~ ~. ~~~~ ~ ~ti ~ _ ;~.~ - ~! ```~ •- i ~ t f ,, Vii; i e t E<~ ~ ¢ r' ~~~ ~J i ~,"~.~ t III i ~ ~1; ~ ' ~~" `~'~ ~ } r t ~, ~ t ,, ' ~~ t ~ ti~~ `~, k ~s ~ ~ ~ ~ '~ r t ~' I,y yw ~ ~• 4~ ~C ~~~ ~ ~~~ ~ ~ ~~~~~ ..F'v.t ~ ~ ~a~ .~ .~ .' ~~ ~ * ~m s ~~ ,.~ .~ n „ -w..... ~. ,u .,~ ~-~..,. ~ . _ ,. . - - .x.rtee,w.~. ,.q ~., s ~v„ ,... _.. , ..~ .,... M . _ ..~ ~. ,nor .~..~. .,,.a ,~~, .. «~, O O C7 z ~a 0 F 0 ~l Ao I~ Page 1 of 1 MEMORANDUM TO: Mayor and City Commissioners FROM: Catherine M. Kozol, Asst. City Attorney/l'olice Legal Advisor THROUGH: City Attorney DATE: March 19, 2010 SUBJECT: AGENDA ITEM S.I. -REGULAR COMMISSION MEETING OF APRIL 6, 201__0 INDEPENDENT CONTRACTOR AGREEMENT/HOWARD SCOTT LUNSFORD ITEM BEFORE COMMISSION This is an Independent Contractor Agreement between the City of Delray Beach and Howard Scott Lansford. BACKGROUND This is an agreement between Howard Scott Lansford, an independent contractor and the City of Delray Beach for Mr. Lansford to provide services to the City of Delray Beach Police Deparhnent to conduct background investigations for prospective candidates for police officers and non-sworn: police employment. `T'his position will relieve overburdened detectives of the responsibility of conducting additional background investigations. As an independent contractor, Mr. Lansford will not be entitled to participate in any pension plans or other benefits provided by the City. FUNDING SOURCE Mr. Lansford will be paid $30.00 per hour by the Delray Beach Police Department. The total cast of the services to be rendered will be approximately $20,000.00. Fanding is available from 001-2111-521- 31.90 (General Fund: Law Enforcement/Professional Services/other Professional Services) after budget transfer. RECOMMENDATION The City Attorney's Office recommends approval. http:/Imiweb001/AgendaslBluesheet.aspx?IternID=3161 &MeetingID=254 4/2/2010 INdEPENDENT CONTRACTOR AGREEMENT THIS AGREEMENT made and entered into this day of April, 2010, by and between the CITY OF DELRAY BEACH, a Florida municipal corporation, hereinafter referred to as the "City" and HOWARD SCOTT LUNSFORD, hereinafter referred to as "Contractor". WITNESSETH: WHEREAS, the parties desire to enter into an agreement to provide services to the City; and, WHEREAS, the Contractor has prior experience providing services required by this agreement; and, WHEREAS, the parties desire the Contractor to act as an independent Contractor; and, WHEREAS, the parties understand that the City shall have no right to control the manner, method or details of the work; and, WHEREAS, the parties understand that the Contractor, as an independent contractor, will control the hours of work necessary to perform the services set forth herein; and, WHEREAS, the City may provide an office far the use of the Contractor only while the Contractor is performing services on-site, but that the primary location for the conduct ofi Contractor's business will be as determined by the Contractor and will not be located on any premises owned by the City; and, WHEREAS, the City will provide a!I supplies necessary to provide the services contained herein, as determined by the City; and, WHEREAS, the Contractor is engaged to perform the specific tasks contained in Exhibit "A" hereto, bt~t steal! not undertake the general functions or management associated with the work in the City of ^elray Beach Police Department. NOW, THEREFORE, in consideration of the covenants set forth herein, the parties agree as fo{lows: 1. Recitals. That recitals set forth above are hereby incorporated, as if fully set forth herein. 2. The Contractor shall perform all services with the highest level of professional skill and competence and shall complete all services in an efficient and timely manner. 3. Duties. Contractor's duties are as follows: a.} Contractor shall provide services as to the City as set forth in Exhibit "A". b.} Additional services may be agreed upon, in writing, from time to time. 4. Term. This agreement shall commence upon the date of execution of the agreement and shall expire upon the completion of the services provided for herein, or one year from the date of execution of the agreement whichever comes first. This agreement may be renewed on an annual basis upon the consent of both parties. This agreement may be terminated by either party by giving thirty {3g} days written notice to the other. 2 5. Comaensation. During the term of this agreement, the Contractor shall be paid $30.00 per hour, payable upon Contractor's submission of an invoice to the City. If the agreement is terminated, the City shall only be responsible to compensate Contractor for fees billed up to the date of termination. The City will pay Contractor for car mileage per the City policy. The City will also pay all travel expenses and a per diem meal allowance, in accordance with City policy, far aq overnight travel, provided an estimate of the cos# has been provided to the City in advance of incurring such cost and such cost has been approved. Further, regarding overnight travel, the parties shall agree upon the hours to be charged by Contractor prior to the travel, and Contractor shall first get the consent of the City prior to incurring any expense in excess of the agreed upon amount. 6. Relationship of the Parties. The parties intend that the Contractor, in performing services specified in this agreement, shall act as an independen# contractor and shall not be deemed an agent, legal representative, joint venturer, partner, employee or servant of the City of Delray Beach for any purpose. Contractor shall have sole control of the work and the manner which it is performed.. Gontractor shall be free to contract far similar services to be performed for other entities or persons while under contract with the City. Contractor is not entitled to participate in any pension plans or other benefts provided by the City. 7. Compliance with ,Law. Contractor shall comply with all applicable laws, rules and regulations, including, but not limited to applicable worker's compensation, employer liability, Fair Labor Standards Act, and other federal, state, county and municipal laws, ordinances, rules and regulations, as may be applicable. 3 8. Taxes. Contractor shall be responsible for all federal, state or local taxes of any kind which Contractor now or hereafter shall be liable for or required to pay either on its own behalf on behalf of his employees or on behalf of the City or otherwise, and shall pay all penalties and interest thereon. 9, Assignment, This agreement is a personal service contract. An assignment of this agreement by Contractor without the written consent of the City is void. 10. Indemnification. Contractor shalt indemnify, defend and save the City, its officers, employees and agents harmless from any and all taxes= penalties and interest, that is claimed to be due, and claims, liability, and causes of action arising out of the willful, intentional or negligent performance of the duties covered by this agreement by Contractor or his officers, agents or employees, and Contractor shall pay all claims and losses in connection with the performance of this contract, including taxes, interest and penalties including, but not limited to, all costs. judgments and attorney's fees at the trial or appellate levels. 11. Insurance. Con#ractor shall at his own expense, provide forms of insurance and amounts of insurance as may be regcired by the Rislt Manager for the City. 12. Notices. All notices shall be effective when mailed at the following addresses: Howard Scott Lansford Address privileged 4 pity cif dlry ~e~~h ~~vid Harden,. pity fvlanager ~~~ N.1N. Est avenue Del~~y Be~h', FL 3~~44 ~~. a~~rnir~c~ E.~w; ~r~ue: T~iis ec,~reerner~f ~h~i~ be gevernec~ ~y the iers cif the Mate of ~larida end venue ~1~~II be in Palm Beach ~our~ty, i=iearida. ~~. Nr~r~-~~iscrirt~inti~r~. Geritr~~tar ~h~ii r~afi t~i~crirnirtat~ ~r~ ~h a~~~ c~i" ge, religion, race,. sex, marital sfatu~, ar handicap ire the perfarm~nce cif this ~greerr°ter~t. ~. 1ar~~E~cluei~e. Tip prr~vi~ien f the erviees provided tc~r herein i~ nan- axclu~ive, The City may retain additional entities cr persaris to per~arm the same- ©r ~im'rlar v,~Qrk, i~ in its sale discretit~r~ the City desires to da sa.. ~6, ~n~~re ~4gf~eerner~tY l~lc~d~i•Fr~~~Qns. This areerr~ent ~s~itute the entire groet~ent bet~eert the pa€#iea, and supersedes all previaus di~cu~~ions or previcit~s ~~ritings het~veen the parties. Na waiver, elteratian~ ar madifcatien cif any ~~ ttie pravisians of this agreement shad oe l~in~ii~ig, ur~les ire wrifiirir~ ~r~d duly e~e~uted by the parties.. ~TT~ ~T; By; Nelsen ~, f~cDuffie; IVlayr~r W~TN~~S~S: ~~~~~ Q~ ~f[Cl~ lY~~} - ----- ~~~~ t3~ ~['IPI~ ~~tTl~~ rr p* EXHIBIT "A" GENERAL DESCRIPTION: Conduct thorough investigations into the backgrounds of prospective candidates for police officer and non-sworn police employment. Research, compile and organize data, investigate discrepancies andlor questionable information to be presented to the Chief of Police. Work is performed under the general supervision of the Training Unit Sergeant. MA,~OR RESPONSIBLITIES: Interview applicants to obtain information regarding their work history, education, skills, etc., as required. Conduc# comprehensive pre-employment background investigation in accordance wi#h the guidelines established by the Florida Department of Law Enforcement to include on- site interview as necessary. Compose, edit and compile investigative reports, memorandums and other documentation related to background investigations. Review the application. Conduct personal interviews. Complete neighborhood checks. Contact previous employment of applicant. Conduct a criminal records check. Conduct a driver's license check. Verify all documents provided (citizenship, military, etc). Verify persanal references and educational background. Conduct a credit check. Page 1 of 1 MEMORANDUM TO: Mayor and City Commissioners FROM: Sharon L'Herrou, Administrative Officer Anthony W. Strianese, Chief of Police THROUGH: David T. Harden, City Manager DATE: April 1, 2010 SUBJECT: AGENDA ITEM 8.J. -REGULAR COMMISSION MEETING OF APRIL 6, 2010 FUNDING REQUEST/FLORIDA DEPARTMENT OF TRANSPORTATION_(FDOT) ITEM BEFORE COMMISSION The Police Department seeks approval to request funds from to the Florida Department of Transportation (FDOT) in the amount of $34,441 to continue the implementation of a D.U.I. Enforcement program which began with our FDOT-DUI 2009 award. BACKGROUND The City Commission approved the original FDOT-DUI grant award on 10/20/09 for Year (1} of the project. A DUI Officer was selected on 11118109. The Year (1}year award {currently underway) covers 50% of a DUI Officer's salary, a vehicle, training, and some equipment. During the first quarter of the project launch (11118109-12-31109} 11 DUI arrests were made. The grant operates far three years, and requires sites to fund increasing proportions of the project each year. The FDOT-DUI 2010 concept paper requests the allowable portion of the DUI officer's salary and overtime far court cases and related DUI activities. These resources will afford the Department greater flexibility in the area of DUI enforcement and public awareness efforts. The DBPD believes that this funding will continue to help provide the citizens of Delray Beach with safer roads. The deadline for this submission was 3/31/10. Therefore, the Department requests approval of the submission which has been forwarded to FDOT in order to comply with the deadline. FUNDING SOURCE If awarded, the Department match would consist of funding a portion of the DUI officer's salary from account number: 001-2115-521.12.10. RECOMMENDATION The DBPD recommends approval of the request for FDOT-DUI funds. http://miweb00llAgendas/Bluesheet.aspx?ItemID=3196&MeetingID=254 4/2/2010 .~r~y fit. has ~ ~sf ~ ~~ ~~ I~~Ir~~~ ~# a ~l~a~ 3~~~ ~~ ~~ ~~ tt~at~ ~< ~. ~ ~f ~ Phi v~i11 curt t ~ ~ °ig ~~ thrc~tih { 2~, ~,~r~~3: ~ssistar~~ F~~f ~J~~ k€T~t~~Ct~uic ~ b~ ~ ~f ~ #~~~~ rtt~fi c~ta€rir~~ qty ~enP ~~ m ~~1 P~f. ~~rs~~ ~r€~rr~- xf~t#z ,~:~:I: ~. ~s. r~#g~?~.7'A'F~ C)gF~-gF~LU~~+dlt?~ti C3kf~'AFCT'ip'#~~fy'i~Cb•F~~TpS~«BRN~PC3(i7'g1~7gU1~$ ~€1€I%9~fii.7, 3~FlR~~t! 31 ~7~~~ La0.d1'~~ks~~~ ~#l~~R ~~ty: ~i .~ ~3~1 ~`3~;`a~Ch ~ ~ ~~.': ~~,'~ ~" ~3L'cli.:~'9 L~{iG~ ~£' li3t ~??';P11~ - ~~ tl ~l't'I~t~~ I~t`CR ~` ?M~C.~ . ~~t~t111~ ~~` a~~ SIC ~¥'i~"~'~!~ ~` ~tt'[~~if d~~~tt~ i,~1 f~~~d~1lVr"3~ ~' ~F3 . ~S~cJTCatY-~ k~l`E'e~WfV~r k,/I~9~I~~. ^ ~~+al { rp~} E y ~ya { 5.. l f ~i ~L~a~s~~+~~L~~~~ ~.~i.~'~ ~k 7"L~~s 4~~D ~ p ~ ~ ~~{~ 7~ ..~~~~d ~~ yy kk e g ~ j ii gg~~~~ _ ~a y~ ~. i~~1124~ ~ ir~~bl~~~~~~~ j...... 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In ~~r~~ cf ri~er~pc~vvet` trtstF~inq the 3e} 13ei'~ ~aliz f~~s~rfrryertf has ntinued tzt r~~ke a #arge. r~uh~F ~f `# arrests. #n ~~tl, them ire 271 #en#s, nzi zaf thca, ~~~ were ~Ll# ~rresfs. The C~f:~# ~rii`carcerrtent suer i~ an intera~ ~rf taf this errfcarrnsrrt ~rzd Sri#[ mint ~ rtiip #rt-the fas#e for~~s ei~e to ccsmf drunk €~~#rri€tg by I€aza#i:irtg Tzar ~ric~latiort fh~f ark ar~ct~risfi~ ~~ irniaair~d.drtir~rs9 l.e. fa`r#ut~ tct rna#rttaiirt a ~°snc~#e lar~~, ~rt~f#.. terse dharaglri, grad red #lgt~t rt~rtrting t~ €~~m~ fet~r. 7~ ~rapli5h' fis, e ~eas~trri~rit t+tr#I#. r`gtair~ ~zidifanal a#ery are rav~rE"srne reii'~~ur~erxa ~i~'fs fcar ~[1 ~~#-refuted .duties far tf~e. E~t.#1 czFar fcs irtclur#e extendeet nfcarcerrtertt.ress~i#ffies ~n~ cct~rf pre~sar'etian end a#teF~dartue ft~r ~l-rfat~ ses.Te ate. of Flarid~€ fursd~d i~~ of the '2i~fi?i~-°f £~ reque~f fear ertr~i er~tces, aid, The Q't Q-~ ~ rezfuest is fcar `7"/~ zaf the. aFtgrr~teE'furtdtn request of 5{1~1c~e