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10-19-10 Regular MeetingCity of Del ray Beach Regular Commission Meeting RULES FOR PUBLIC PARTICIPATION Tuesday, October 19, 2010 1. PUBLIC COMMENT: The public is encouraged to offer comments with the order Regular of presentation being as follows: City Staff, public comments, Commission discussion Meeting 6:00 and official action. City Commission meetings are business meetings and the right to p.m. limit discussion rests with the Commission. Generally, remarks by an individual will Public be limited to three minutes or less. The Mayor or presiding officer has discretion to Hearings 7:00 adjust the amount of time allocated. p.m. Delray Beach City xa11 A. Public Hearings: Any citizen is entitled to speak on items under this section. B. Comments and Inquiries on Non-Agenda Items from the Public: Any citizen is entitled to be heard concerning any matter within the scope of jurisdiction of the Commission under this section. The Commission may withhold comment or direct the City Manager to take action on requests or comments. C. Regular Agenda and First Reading Items: Public input on agendaed items, other than those that are specifically set for a formal public hearing, shall be allowed when agreed by consensus of the City Commission. 2. SIGN IN SHEET: Prior to the start of the Commission Meeting, individuals wishing to address public hearing or non-agendaed items should sign in on the sheet located on the right side of the dais. If you are not able to do so prior to the start of the meeting, you may still address the Commission on an appropriate item. The primary purpose of the sign-in sheet is to assist staff with record keeping. Therefore, when you come up to the podium to speak, please complete the sign-in sheet if you have not already done so. 3. ADDRESSING THE COMMISSION: At the appropriate time, please step up to the podium and state your name and address for the record. All comments must be addressed to the Commission as a body and not to individuals. Any person making impertinent or slanderous remarks or who becomes boisterous while addressing the Commission shall be barred by the presiding officer from speaking further, unless permission to continue or again address the Commission is granted by a majority vote of the Commission members present. APPELLATE PROCEDURES Please be advised that if a person decides to appeal any decision made by the City Commission with respect to any matter considered at this meeting, such person will need to ensure that a verbatim record includes the testimony and evidence upon which the appeal is based. The City neither provides nor prepares such record. 100 N.W.1st Avenue Delray Beach, Florida 33444 Phone: (561) 243-7000 Fax: (561) 243-3774 1. ROLL CALL The City will furnish auxiliary aids and services to afford an individual with a disability an opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the City. Contact Doug Smith at 243-7010, 24 hours prior to the event in order for the City to accommondate your request. Adaptive listening devices are available for meetings in the Commission Chambers. REGULAR MEETING AGENDA 2. INVOCATION 3. PLEDGE OF ALLEGIANCE TO THE FLAG A. NONE 4. AGENDA APPROVAL 5. APPROVAL OF MINUTES: A. October 5, 2010 -Regular Meeting 6. PROCLAMATIONS: A. Florida City Government Week -October 17-23, 2010 B. Healthy Mouth Healthy Body Day -October 27, 2010 C. Families Reading Together Month November 2010 7. PRESENTATIONS: A. NONE 8. CONSENT AGENDA: City Manager Recommends Approval A. REQUEST FOR SIDEWALK DEFERRAL/ 510 SEASAGE DRIVE: Approve a request to defer the installation of a sidewalk for the property located at 510 Seasage Drive. B. REQUEST FOR SIDEWALK DEFERRAL/ 928 SEASAGE DRIVE: Approve a request to defer the installation of a sidewalk along Seasage Drive for the property located at 928 Seasage Drive. C. REQUEST FOR SIDEWALK DEFERRAL/1126 ISLAND DRIVE:Approve a request to defer the installation of a sidewalk adjacent to the right-of-way along Island Drive for the property located at 1126 Island Drive. D. PROTECT AGREEMENT /F.LN.D./MANGROVE PARK BOAT RAMP: Approve a project agreement with the Florida Inland Navigation District (F.LN.D. in the amount of $85,740.00 to provide funding for reconstruction of the Mangrove Park boat ramp. E. AMENDMENT TO PARKING LICENSE AGREEMENT/GAFFE LUNA ROSA: Approve a request from Gaffe Luna Rosa to amend their Public Parking Lot License Agreement for the Gleason Lot, to limit utilization of the 20 spaces to Monday through Friday and apply the appropriate pro-ration, reducing the cost to $21.40 per space per month; contingent upon approval of the amendment document by the City Attorney's office. F. AMENDMENT NO. 1 TO THE INTERLOCAL AGREEMENT WITH THE COMMUNITY REDEVELOPMENT AGENCY FOR A NEIGHBORHOOD STABILIZATION PROGRAM (NSP):Approve Amendment No. 1 to the Interlocal Agreement with the Community Redevelopment Agency for funding a foreclosure program in partnership with the Neighborhood Stabilization Program (NSP) to amend the benefits and extend the terms of the agreement to September 30, 2012. G. PROFESSIONAL SERVICES VENDOR LIST/NEIGHBORHOOD STABILIZATION PROGRAM (NSP): Approve the list of additional vendors for Professional Services required to carry out activities under the Neighborhood Stabilization Program (NSP) contingent on the list being approved by the Florida Department of Community Affairs. H. AMENDMENT NO. 3 TO THE DISASTER RECOVERY INITIATIVE AGREEMENT/PALM BEACH COUNTY: Approve Amendment No. 3 to the agreement between the City and Palm Beach County for the Disaster Recovery Initiative (DRI) Program to complete twenty-four (24) housing rehabilitation projects for income-eligible residents who suffered damages from Hurricane Wilma, extending the deadline for completion to September 16, 2011. L RESOLUTION NO. 60-10:Approve Resolution No. 60-10 to support continuation of an annual levy of 0.25 mills for school operational purposes for the next four fiscal years beginning .Tiny 1, 2011 and ending .Tune 30, 2015. J. RATIFICATION OF APPOINTMENT TO THE PARKING MANAGEMENT ADVISORY BOARD: Approve and ratify the appointment of Mr. Mark Krall, Planning & Zoning Board Representative, for an unexpired term ending .Tiny 31, 2011. K. SERVICE ARRANGEMENT AGREEMENT/ AT & T FLORIDA: Approve a Contract Service Arrangement Agreement with AT&T for Centrex Service, Business lines, MegaLink Circuit and Primary Rate ISDN's in the amount of $119,733.72 annually. Funding is available from various departmental accounts. L. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period October 4, 2010 through October 15, 2010. M. AWARD OF BIDS AND CONTRACTS: 1. Contract award to Baker's Transport Services (BTS) in an amount not to exceed $200,000.00 for hauling and disposal of liquid lime slurry from the Water Treatment Plant (WTP). Funding is available from 441-5122-536-34.90 (Water and Sewer Fund: Other Contractual Services). 2. Purchase award to American Traffic Products & Services (ATPS) in the amount of $18,929.50 for aluminum sign blanks and galvanized posts for sign fabrication as replacement stock for the City's sign shop. Funding is available from 001- 3141-541-52.20 (General Fund: Operating Supplies/General Operating SuPplies~ 3. Purchase award to Carus Corporation at an estimated cost of $120,000.00 for the purchase and delivery of poly phosphate "as needed" per bid #2009-12. Funding is available from 441-5122-536-52.21 (Water and Sewer Fund: Operating Supplies/Chemicals). 4. Purchase award to Chemical Lime Company of Alabama, Inc. in the estimated annual cost of $800,000.00 for the purchase of bulk quicklime via Boynton Beach Co-op Bid # 005-2821-09/.TA. Funding is available from 441-5122-536-52.21 (Water and Sewer Fund: Operating Supplies/Chemicals 5. Purchase award to Line-Tec, Inc. in the net amount of $122,100.00 for annual Water Service Relocations (PN 11-05~ Water Meter Replacements (11-050 and Fire Hydrant Flow Testing via the City of Boynton Beach Bid #033-2821-10/.TA. Funding is available from 442-5178-536-49.33 (Water & Sewer Renewal & Replacement Fund: Other Current Charges/OB/Water Service Relocations 442- 5178-536-61.81 (Water & Sewer Renewal & Replacement Fund: Land/Water Meter Replacement Program) and 441-5123-536-34.90 (Water and Sewer Fund: Other Contractual Serviced. 6. Purchase award to Tanner Industries, Inc. in the annual estimated amount of $35,000.00 for the purchase and delivery of anhydrous ammonia "as needed" via City of Port Orange, Florida Bid # B10-16. Funding is available from 441-5122- 536.52.21 (Water and Sewer Fund: Operating Supplies/Chemicals 7. Purchase award to Praxair, Inc. in the amount of $130,000.00 for the purchase and delivery of liquid carbon dioxide (CO2) as needed from Praxair, Inc. via City of West Palm Beach Agreement and Amendment No. 1. Funding is available from 441-5122-536-52.21 (Water and Sewer Fund: Operating Supplies/Chemicals). 8. Purchase award to Poolsure of South Florida in the estimated annual amount of $51,400.00 for the purchase and delivery of Sodium Hy_pochlorite. Funding is available from 441-5123-536-52.21 (Water and Sewer Fund: Operating Supplies/Chemicals). 9. Purchase award to Devland Site Development, Inc. in the amount of $180,000.00 for sludge removal and disposal "as needed". Funding is available from 441- 5122-536-34.90 (Water and Sewer Fund: Other Contractual Services 10. Purchase award to Sentry Industries in the amount of $260,000.00 for the purchase and delivery of Sodium HXpochlorite "as needed". Funding is available from 441-5122-536-52.21 (Water and Sewer Fund: Operating Supplies/Chemicals). 11. Purchase award to PVS Technologies, Inc. in the amount of $250,000.00 for the purchase and delivery of liquid ferric chloride "as needed". Funding is available from 441-5122-536-52.21 (Water and Sewer Fund: Operating Supplies/Chemicals). 12. Purchase award to Zoll Medical Corporation in the amount of $23,519.50 for warranty and maintenance of seventeen (17) Zoll Defibrillators. Funding is available from 001-2315-526-46.20 (General Fund: Repair & Maintenance Services/Equipment Maintenance). REGULAR AGENDA: A. RATIFICATION OF COLLECTIVE BARGAINING AGREEMENT/SERVICE EMPLOYEES INTERNATIONAL UNION (SEIU): Consider ratification of the Collective Bargaining Agreement with the Service Employees International Union S( EIU~ B. CONDITIONAL USE EXTENSION RE~UEST/EBENEZER WESLEYAN METHODIST CHURCH: Consider a request to extend the conditional use approval for construction of a new 6,575 sq. ft. sanctuary, at the northwest corner of S.W. 6th Avenue and S.W. 2nd Street and construction of an off-site parking lot at the northeast corner of S.W. 6th Avenue and S.W. 2nd Street for Ebenezer Wesleyan Methodist Church located at 201 S.W. 6th Avenue. (Quasi- Judicial Hearing C. WAIVER REQUEST/909 SOUTH OCEAN BOULEVARD: Consider a waiver request to reduce the required sight visibility triangle from 10' to 2' for a clear line of sight between 3' and 6' in the area formed along both sides of the driveway intersecting the property line at 909 South Ocean Boulevard. (Quasi-Judicial Hearing 1. REQUEST FOR SIDEWALK DEFERRAL/909 SOUTH OCEAN BOULEVARD:Consider approval of a request to defer the installation of a sidewalk along South Ocean Boulevard for the property located at 909 South Ocean Boulevard. D. APPEAL DENIAL OF SPECIAL EVENT PERMIT/ WRMF NO SNOW BALL EVENT:Consider an appeal of staff's permit denial for a WRMF No Snow Ball Event submitted by Mike DeAtley General Manager of Boston's on the Beach;~roposed to be held on December 4, 2010 from 6:00 p.m. to 10:00 p.m., and requiring a temporary use permit per LDR's Section 2.4.6.0 for the closure of A-1-A from Atlantic Avenue to just north of the Boston's property line, staff support for traffic control, security barricading assistance, trash removal, clean up, trash boxes and the use of the City's portable generator; and a waiver for the Event Policies limit on the number of Intermediate events in one month. E• SPECIAL EVENT RE~UEST/HOWARD ALAN 4th ANNUAL DOWNTOWN DELRAY BEACH NEW YEAR'S CRAFT FESTIVAL: Consider approval of a special event request to endorse the 4th Annual Downtown Delray Beach New Year's Craft Festival sponsored by Howard Alan Events, Ltd. to be held from 10:00 a.m. to 5:00 p.m. on December 26-27, 2010, granting a temporary use permit per LDR Section 2.4.60 for the closure of N.E. 2nd Avenue from the alley iust north of Atlantic Avenue north to approximately 400' north of N.E. 3rd Street, authorize staff support for traffic control, barricade inspection, fire inspector services and to waive Section III (G) of the Event Policies and Procedures to allow this event. F. SPECIAL EVENT PERMIT AND WAIVER/ SUPERCAR EXPERIENCE:Consider arequest to waive Section III ~) of Event Policies, to allow an Intermediate event on the same day as a Major event, and approve a Supercar Experience Event produced by Dr. Hans Reinisch proposed to be held on February 19, 2011 from 9:00 a.m. to 11:00 p.m., on the grounds of Old School Square and the Old School Square Park, to grant a temporary use permit per LDR's Section 2.4.6.0 for using the parking spaces on the west side of N.E. 1st Avenue for valet parking and to provide staff support for traffic control, security EMS assistance, barricading assistance, use of the small stage, event signage and use of a City generator. G. AMENDED SPECIAL EVENT REQUEST /13th ANNUAL BED RACE: Consider approval of the 13th Annual Bed Race, as amended,~roposed to be held on October 29, 2010 from 5:00 p.m. until 11:00 p.m., granting a temporary use permit per LDR Section 2.4.6.0 for the use and closure of NE 2nd Avenue from Atlantic Avenue to NE 2nd Street, authorize staff support for traffic control and security EMS assistance, trash removal and clean up, barricading use and set up of half of the small stage, and preparation and installation of event signage; contingent on the sponsor providing a Hold Harmless Agreement and a Certificate of Liquor Liability Insurance within 5 days of the event. H. APPOINTMENTS TO THE NEIGHBORHOOD ADVISORY COUNCIL: Appoint two ~) regular members (one member each for Zones 3 and 4) to the Neighborhood Advisory Council for three ~) vear terms ending .Tiny 31, 2013. Based upon the rotation system, the appointments will be made by Mayor McDuffie (Seat #5) and Commissioner Eliopoulos (Seat #1~ APPOINTMENT TO THE BOARD OF AD.TUSTMENT: Appoint one ~) alternate member to the Board of Adjustment for an unexpired term ending August 31, 2011. Based upon the rotation system, the recommendation for appointment will be made by Commissioner Frankel (Seat #3~ J. APPOINTMENT TO THE EDUCATION BOARD: Appoint one ~) regular member to the Education Board for an unexpired term ending July 31, 2012. Based upon the rotation system, the appointment will be made by Commissioner Frankel (Seat #3~ K. APPOINTMENTS TO THE POLICE ADVISORY BOARD: Appoint one (1 regular member to the Police Advisory Board to serve an unexpired term ending .Tiny 31, 2012 and one (1) student member to serve an unexpired term ending July 31, 2011. Based upon the rotation system, the appointments will be made by Commissioner Eliopoulos (Seat #1) for one ~) regular member and Commissioner Fetzer (Seat #2) for one ~) student member. 10. PUBLIC HEARINGS: A. ORDINANCE NO. 25-10 (SECOND READING/SECOND PUBLIC HEARING Consider a city initiated amendment to the Land Development Regulations (LDR) by amending Section 4.3.3, "Special Requirements For Specific Uses", Subsection (T~, "Family Day Care" and enacting a new Subsection (TTY "Large Family Child Care Home", amending Subsection (C~ "Accessory Uses and Structures Permitted" and Subsection (D~ "Conditional Uses and Structures Allowed" of Section 4.4.3, "Single Family Residential (R-1) Districts", Section 4.4.5, "Low Density Residential (RL~ District", Section 4.4.6, "Medium Density Residential (RM) District", Section 4.4.7, "Planned Residential Development (PRD) District", Section 4.4.9, "General Commercial (GC) District", Section 4.4.13, "Central Business (CBD) District", Section 4.4.17, "Residential Office (RO) District", and Section 4.4.24, "Old School Square Historic Arts District (OSSHAD)", amending Section 4.4.9, "General Commercial (GC) District", Subsection (G~ "Supplemental Regulations", Sub- subsection ~), Four Corners Overlay District, amending Section 4.4.29, "Mixed Residential, Office and Commercial (MROC) District", Subsection (C~ "Accessory Uses and Structures Permitted" and Subsection (E~ "Conditional Uses and Structures Allowed", in order to update the Land Development Regulations (LDR) to comport with changes in state law, amending Appendix A, "Definitions", to revise the definitions of "Child Care Facility" and "Family Day Care Facilities" and enacting a new definition, "Large Family Child Care Home". B. ORDINANCE NO. 35-10 (SECOND READING/SECOND PUBLIC HEARING):Consider achy initiated amendment to Land Development Regulations (LDR) replacing several references to "Medicines and Prescriptions", "Drugs and Medicine" and "Drug Store" with the term "Pharmacies". C. ORDINANCE NO. 36-10 (SECOND READING/SECOND PUBLIC HEARING):Consider a city initiated amendment to the Land Development Regulations (LDR) Section 4.3.3 (LLLL~ "Pharmacies", to add the term "Medical Clinics" under applicability and to change the category title to "Medical, Professional, Business Offices and Medical Clinics". D. ORDINANCE N0.34-10:Consider a city initiated amendment to the Land Development Regulations (LDR) Section 2.4.7(G~ "Requests for Accommodation" procedures. 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. 37-10: Consider a city initiated amendment to the Land Development Regulations (LDR) Section 6.3.3., "Sidewalk Cafe", amending the regulations. If passed, a public hearing will be held on November 2, 2010. 13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS: A. City Manager B. City Attorney C. City Commission OCTOBER 5, 2010 A Regular Meeting of the City Commission of the City of Delray Beach, Florida, was called to order by Mayor Nelson S. McDuffie in the Commission Chambers at City Hall at 6:00 p.m., Tuesday, October 5, 2010. 1. Roll call showed: Present - Commissioner Gary P. Eliopoulos Commissioner Fred B. Fetzer Commissioner Adam Frankel Commissioner Angeleta E. Gray Mayor Nelson S. McDuffie Absent - None Also present were - David T. Harden, City Manager Robert A. Barcinski, Assistant City Manager Brian Shutt, City Attorney Chevelle D. Nubin, City Clerk 2. The opening prayer was delivered by Reverend Marcia Beam from St. Matthew's Episcopal Church. 3. The Pledge of Allegiance to the flag of the United States of America was given. 4. AGENDA APPROVAL. Mayor McDuffie stated Item 6.A., Florida City Government Week - October 17-23, 2010 and Item 6.B., Healthv Mouth Healthv Body Day -October 27, 2010 are postponed to the regular meeting of October 19, 2010. Mrs. Gray requested that Item 8.P., Special Event Reguest/Floliday Pageant Parade of the Consent Agenda be moved to the Regular Agenda as Item 9.A.A. Mr. Eliopoulos requested that Item 8.Q., Review of Appealable Land Development Board Actions (SPRAB Item/#2 Marriott Expansion Extension) of the Consent Agenda be moved to the Regular Agenda as Item 9.A.A.A. The applicant has requested that Item 9.A., Appeal of the Site Plan Review and Appearance Board's Decision/New Century Courtyards be withdrawn. 10/OS/10 Mr. Eliopoulos moved to approve the Agenda as amended, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mr. Fetzer -Yes; Mr. Frankel -Yes; Mrs. Gray -Yes; Mayor McDuffie -Yes; Mr. Eliopoulos -Yes. Said motion passed with a 5 to 0 vote. 5. APPROVAL OF MINUTES: Mr. Frankel moved to approve the Minutes of the Workshop Meeting of September 13, 2010, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mr. Frankel -Yes; Mrs. Gray -Yes; Mayor McDuffie -Yes; Mr. Eliopoulos - Yes; Mr. Fetzer -Yes. Said motion passed with a 5 to 0 vote. Mr. Frankel moved to approve the Minutes of the Special Meeting of September 13, 2010, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mrs. Gray -Yes; Mayor McDuffie -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer - Yes; Mr. Frankel -Yes. Said motion passed with a 5 to 0 vote. Mr. Frankel moved to approve the Minutes of the Workshop Meeting of September 20, 2010, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mayor McDuffie -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. Frankel - Yes; Mrs. Gray -Yes. Said motion passed with a 5 to 0 vote. Mr. Eliopoulos moved to approve the Minutes of the Impasse Hearing of September 20, 2010, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. Frankel -Yes; Mrs. Gray -Yes; Mayor McDuffie -Yes. Said motion passed with a 5 to 0 vote. Mr. Frankel moved to approve the Minutes of the Regular Meeting of September 21, 2010, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mr. Fetzer -Yes; Mr. Frankel -Yes; Mrs. Gray -Yes; Mayor McDuffie -Yes; Mr. Eliopoulos -Yes. Said motion passed with a 5 to 0 vote. 6. PROCLAMATIONS: 6.A. Florida City Government Week -October 17-23, 2010 2010. This item has been postponed to the next regular meeting of October 19, 6.B. Healthv Mouth Healthv Body Day -October 27, 2010 2010. This item has been postponed to the next regular meeting of October 19, 2 10/OS/10 7. PRESENTATIONS: A. None 8. CONSENT AGENDA: City Manager Recommends Approval. 8.A. RESOLUTION NO. 56-10 (TAX EXEMPTION REQUEST FOR ELIGIBLE IMPROVEMENTS/220 NORTH DIXIE BOULEVARD): Approve a tax exemption request for eligible improvements to the property located at 220 North Dixie Boulevard within the Del Ida Park Historic District; and approve Resolution No. 56-10. The caption of Resolution No. 56-10 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, GRANTING AN AD VALOREM TAX EXEMPTION TO JOHN AND CATHERINE MURPHY FOR THE HISTORIC REHABILITATION OF THE PROPERTY LOCATED AT 220 DIXIE BOULEVARD, AS FURTHER DESCRIBED HEREIN; DETERMINING THAT THE COMPLETED IMPROVEMENTS ARE CONSISTENT WITH LAND DEVELOPMENT REGULATION (LDR) SECTION 4.5.1(M)(5); PROVIDING AN EFFECTIVE DATE. (The official copy of Resolution No. 56-10 is on file in the City Clerk's office.) 8.B. ACCEPTANCE OF A RIGHT-OF-WAY DEED AND HOLD HARMLESS AGREEMENT/215 N.E. 5 AVENUE: Approve and accept aright-of- way deed for a two foot additional alley right-of--way and a Hold Harmless Agreement for a landscape island associated with Krystal Kleen Coin Laundry located at 215 N.E. Stn Avenue. 8.C. RESOLUTION NO. 57-10: ABANDONMENT OF RIGHT-OF-WAY FOR DELRAY ELEVEN: Approve Resolution No. 57-10 abandoning a portion of a 16' north-south alley within Block 11, Osceola Park, located midway between S.E. 7m Street and S.E. 6m Street, for Delray Eleven. The caption of Resolution No. 57-10 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, VACATING AND ABANDONING AN ALLEY RIGHT-OF-WAY, AS MORE FULLY DESCRIBED IN EXHIBIT "A", BUT RESERVING AND RETAINING TO THE CITY A UTILITY EASEMENT OVER THE ENTIRE AREA 3 10/OS/10 THEREOF AS MORE PARTICULARLY DESCRIBED HEREIN. (The official copy of Resolution No. 57-10 is on file in the City Clerk's office.) 1. ELEVEN: Approve and accept a 16' water and sewer easement deed within Block 11, Osceola Park, located midway between S.E. 7th Street and S.E. 6th Street, for Delray Eleven. ACCEPTANCE OF AN EASEMENT DEED/DELRAY 8.D. CONTRACT CLOSEOUT (CHANGE ORDER NO.2/FINAL)/ H & J CONTRACTING, INC.: Approve a Contract Closeout (Change Order No. 2/Final) in the amount of a $2,565.03 decrease and final payment amount of $45,460.00 to H & J Contracting, Inc. for the completion of Old School Square Park Phase I Project. Funding is available from 334-4151-572-63.59 (General Construction Fund: Improvements Other/Old School Square Park Improvements), 441-5161-536-63.90 (Water/Sewer Fund: Other Improvements) and 448-5461-538-63.90 (Storm Water Utility Fund: Other Improvements). 8.E. CONTRACT CLOSEOUT (FINAL PAYMENT)/THE GUARANTEE COMPANY OF NORTH AMERICA: Approve a Contract Closeout and Final Payment in the amount of $135,623.24 to The Guarantee Company of North America; the surety for H & D Construction Company, Inc., for the S.W. 14th Avenue Roadway, Alleys & Drainage Improvements project. Funding is available from 334-3162-541-68.05 (General Construction Fund: Other Improvement/S.W. 14th Alley Improvements), 448- 5461-538-68.25 (Storm Water Utility Fund: Other Improvement/ S.W. 14th Avenue- S.W. 2"d to S.W. 1st) and 101-1969-541-68.25 (ARRA Economic Stimulus FD: Other Improvement/S.W. 14th Avenue- S.W. 2"d to S.W. 1st) 8.F. RESOLUTION NO. 58-10: Approve Resolution No. 58-10 assessing costs for abatement action required to remove nuisances on eight (8) properties throughout the City. The caption of Resolution No. 58-10 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO CHAPTER 100 OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATING NUISANCES UPON CERTAIN LAND(S) LOCATED WITHIN THE CITY OF DELRAY BEACH AND PROVIDING THAT A NOTICE OF LIEN SHALL ACCOMPANY THE NOTICE OF ASSESSMENT; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH 4 10/OS/10 ABATEMENT OF NUISANCES; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ON ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS. office.) (The official copy of Resolution No. 58-10 is on file in the City Clerk's 8.G. RESOLUTION NO. 59-10: Approve Resolution No. 59-10 supporting the Let's Move campaign. The caption of Resolution No. 59-10 is as follows: office.) A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, SUPPORTS THE LET'S MOVE CAMPAIGN. (The official copy of Resolution No. 59-10 is on file in the City Clerk's 8.H. INTERLOCAL AGREEMENT/COMMUNITY REDEVELOPMENT AGENCY FOR FUNDING OF CONSTRUCTION/PROFESSIONAL SERVICES: Approve an Interlocal Agreement with the Community Redevelopment Agency (CRA) for the funding of construction costs and professional services for certain projects as listed on Exhibit "A" attached to the Agreement for FY 10/11. 8_I. AMENDMENT TO THE LICENSED USER AGREEMENT/ TICKETMASTER L.L.C.: Approve an Amended Licensed User Agreement between the City and Ticketmaster L.L.C. for the resale of tickets for events at the Tennis Stadium. 8_J. ANNUAL PROGRESS REPORT/FLOODPLAIN MANAGEMENT AND MITIGATION PLAN: Approve the Annual Progress Report on the Floodplain Management and Mitigation Plan for submittal to the Insurance Services Offices. 8.K SERVICE AUTHORIZATION/GIL VALDES, INC./HOME INSPECTION PROFESSIONAL SERVICES VENDOR: NEIGHBORHOOD STABILIZATION PROGRAM (NSP): Approve a Service Authorization with the vendor Gil Valdes, Inc., to increase funds in the amount of $15,000.00 for Home Inspection Professional Services to continue activities required under the Neighborhood Stabilization Program (NSP) contingent on approval by the Florida Department of Community Affairs. Funding is available from 118-1935-554-49.14 (Neighborhood Services: Other Current Charges/Acquisition Rehabilitation) and 118-1934-554-49.14 (Neighborhood Services: Other Current Charges/Acquisition Rehabilitation). 10/OS/10 8.L. D.U.I. GRANT AWARD/FLORIDA DEPARTMENT OF TRANSPORTATION: Approve acceptance of a grant award from the Florida Department of Transportation (FDOT) in the amount of $33,523.00 for funding for the Police Department's Driving Under the Influence (D.U.L) program. Funding is available from 001-2115-521-12.10 (General Fund: Regular Salaries/Wages). 8.M. GRANT AWARD/DEPARTMENT OF ENERGY/ LOCAL ENERGY ASSURANCE PLAN (LEAP): Approve and accept the Local Energy Assurance Plan (LEAP) grant from the Department of Energy in the amount of $130,000.00 which will provide funding for energy assurance planning and training. 8.N. FIRST AMENDMENT TO THE DECLARATION OF RESERVED RIGHTS AND AGREEMENT NOT TO ENCUMBER N.E. 7TH AVENUE RELATED TO THE ATLANTIC PLAZA PROJECT: Approve the First Amendment to the Declaration of Reserved Rights and Agreement not to Encumber N.E. 7tn Avenue regarding the abandonment and relocation of N.E. 7m Avenue between N.E. 1st Street and East Atlantic Avenue to extend the time frame to obtain site plan certification by a period of six months. 8.0. SPECIAL EVENT REQUEST/HALLOWEEN PARADE: Approve a special event request to allow the Annual Halloween Parade sponsored by the Noontime Kiwanis Club to be held on October 30, 2010 from 1:30 p.m. until approximately 2:30 p.m., including temporary use permit per LDR Section 2.4.6(F) for the rolling closure of Atlantic Avenue from N.E. 2nd Avenue to Veterans Park, and staff support for traffic control, security, and barricading; contingent on the receipt of the Certificate of Liability Insurance and a signed and notarized Hold Harmless Agreement by October 25, 2010. 8.P. THIS ITEM HAS BEEN MOVED TO THE REGULAR AGENDA AS ITEM 9.A.A. 8~. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period September 20, 2010 through October 1, 2010. 8.R AWARD OF BIDS AND CONTRACTS: 1. Contract award to Ovivo USA, LLC in the amount of $46,639.00 for removing and rebuilding the drive motor assembly on Clarifier #1 at the Water Treatment Plant. Funding is available from 442- 5178-536-64.90 (Water & Sewer Renewal & Replacement Fund: Other Machinery/Equipment). 2. Purchase award to Cartegraph Systems, Inc. in the amount of $33,650.00 for licensing, installation and training for the WORKdirector work order module of the Cartegraph asset management system. Funding is available from 441-5161-536- 66.10 (Water & Sewer Fund: Books/Publications/Software). 6 10/OS/10 3. Purchase award to GameTime, a Playcore Company in the amount of $77,992.19 for purchase and installation of a playground system at the Delray Beach Family Recreation & Fitness Center site. Funding is available from 334-4184-572-68.44 (General Construction Fund: Other Improvement/Family Recreation Playground Area). NIr. Eliopoulos moved to approve the Consent Agenda as amended, seconded by NIr. Frankel. Upon roll call the Commission voted as follows: NIr. Frankel - Yes; Mrs. Gray -Yes; Mayor McDuffie -Yes; Mr. Eliopoulos -Yes; NIr. Fetzer - Yes. Said motion passed with a 5 to 0 vote. 9. REGULAR AGENDA: 9.A.A. SPECIAL EVENT REQUEST/HOLIDAY PAGEANT PARADE: Approve a special event request to endorse the Annual Holiday Pageant Parade co- sponsored by the Parks and Recreation Department and the Chamber of Commerce to be held on December 11, 2010 beginning at approximately 6:00 p.m. to 9:00 p.m., granting a temporary use permit per LDR Section 2.4.6(F) for the closure and use of Atlantic Avenue from Gleason Street to N.W. 1st Avenue for the parade route and Lowry, Andrews and Atlantic for parade set up from approximately 4:00 p.m. to 6:00 p.m.. Commission is also requested to provide staff support for traffic control, security, EMS assistance, barricading trash removal, clean up, event signage and processing of the FDOT street closure permit. Robert A. Barcinski, Assistant City Manager, stated this is a request for approval of the Holiday Pageant Parade co-sponsored by the Parks and Recreation Department and the Chamber of Commerce. As requested by the City Commission, the start time has been moved to 6:00 p.m. with the City providing Police and Fire support and clean-up with the parade. Mr. Barcinski stated the City was asked not to line up on the side streets like Venetian in particular where the Seagate is. Mrs. Gray asked why the parade actually ends at N.W. 1st Avenue and asked if there is any particular reason. NIr. Barcinski stated in the past it stopped at first because they tried to get the parade folks all the way down 1st as you disband it. Mrs. Gray asked if the parade could extend two blocks (to 3rd or 4th) to include the businesses west of Swinton Avenue. NIr. Barcinski stated if the Commission wishes to change that, then staff will work with it and noted that they may need to add a few more officers. The rest of the Commission concurred that they would support extending the parade two blocks. NIr. Frankel moved to approve Item 9.A.A. (formerly Item 8.P.) as amended, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mrs. Gray -Yes; Mayor McDuffie -Yes; NIr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. Frankel -Yes. Said motion passed with a 5 to 0 vote. 7 10/OS/10 9.A.A.A. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS (SPRAB ITEM 8.Q.2. MARRIOTT EXPANSION EXTENSION): Accept the actions and decisions made by the Land Development Boards for the period September 20, 2010 through October 1, 2010. dais. Mr. Eliopoulos declared a conflict of interest and stepped down from the Mr. Frankel moved to approve Item 9.A.A.A. (formerly Item 8.Q.2.), seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mayor McDuffie -Yes; Mr. Fetzer -Yes; Mr. Frankel -Yes; Mrs. Gray -Yes. Said motion passed with a 4 to 0 vote. 9.A. THIS ITEM HAS BEEN WITHDRAWN PER THE APPLICANT'S REQUEST. At this point, Commissioner Eliopoulos returned to the dais. 9.B. WAIVER REQUEST/928 SEASAGE DRIVE: Consider a waiver request to reduce the sight visibility triangle requirement from ten feet (10') to two feet (2') for a clear line of sight between three feet (3') and six feet (6') within the area formed along both sides of the driveway intersecting the property line at 928 Seasage Drive, a proposed new single family residence within the North Beach/Seagate Overlay District. (Quasi-Judicial Hearing) Mayor McDuffie read the City of Delray Beach procedures for aQuasi- Judicial Hearing into the record for this item and all subsequent Quasi-Judicial items. Chevelle D. Nubin, City Clerk, swore in those individuals who wished to give testimony on this item. Mayor McDuffie asked the Commission to disclose their ex 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 #2010-185 into the record. Mr. Dorling stated this request involves 928 Seasage Drive and it is a waiver to the site visibility triangle that is required. There is a ten foot site visibility triangle at the driveway's location as it intersects with Seasage Drive. Mr. Dorling stated the LDRs require it to be clear between three and six feet so that you can see down the street when you are sitting at that point. The required findings of LDR Section 2.4.7(B)(5) are made in the staff report. It is noted that there is almost a 14 foot separation between the roadway and the actual property line. Under these conditions, staff recommends approval of this waiver request. Mr. Dorling stated it is also noted that this is a residential street and there is no widening anticipated in the future. 8 10/OS/10 The applicant had no comments. Mayor McDuffie stated if anyone from the public would like to speak in favor or in opposition of the waiver request, to please come forward at this time. There being no one from the public who wished to address the Commission regarding the waiver request, the public hearing was closed. The City Attorney briefly reviewed the Board Order with the Commission who made findings according to their consensus (attached hereto is a copy and made an official part of the minutes). Mr. Eliopoulos moved to adopt the Board Order as presented, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. Frankel -Yes; Mrs. Gray -Yes; Mayor McDuffie -Yes. Said motion passed with a 5 to 0 vote. 9.C. TEMPORARY PARKING LOT/36 S.E. 2nd AVENUE: Consider approval of a temporary parking lot at 36 S.E. 2nd Avenue, located on the west side of S.E. 2nd Avenue, between East Atlantic Avenue and S.E. 1st Street. (Quasi-Judicial Hearing) Chevelle D. Nubin, City Clerk, swore in those individuals who wished to give testimony on this item. Mayor McDuffie asked the Commission to disclose their ex parte communications. The Commission had no ex parte communications to disclose. Paul Dorling, AICP, Director of Planning and Zoning, entered the Planning and Zoning Department project file #2010-192 into the record. Mr. Dorling stated this item is approval of a temporary parking lot for 36 S.E. 2"d Avenue located on the west side of S.E. 2"d Avenue between East Atlantic Avenue and S.E. 1st Street. This is a 22 space temporary parking lot that is going to be located south of Worthing Place development. The LDRs allow temporary parking lots for a period up to three years with one year increments requiring a review and renewal each subsequent year. The design requirements are spelled out for temporary parking lots (normally the landscaping internal to the lot is not required) there is some reduced perimeter landscaping requirement and then there is the ability to provide a surface that is not permanent. Mr. Dorling stated in this case there is a desire to do a parking lot surface of recycled chipped asphalt and this is normally not one of the surfaces allowed but it is an upgrade. All of the requirements of the temporary parking lot have been exceeded with this request. At its meeting of August 24, 2010, the Parking Management Advisory Board (PMAB) reviewed this item and the Board recommended approval; at its meeting of September 13, 2010, the Downtown Development Authority (DDA) reviewed this 9 10/OS/10 item and recommended approval; at its meeting of August 26, 2010, the Community Redevelopment Agency (CRA) reviewed this item and recommended approval. Staff recommends approval subject to some conditions outlined in the staff report as it relates to providing some lighting and some revised notes on the landscape plan. Mr. Eliopoulos asked if this abuts up to the parking garage of Worthing Place development. Mr. Dorling stated this is for valet parking only associated with Worthing Park and it will be gated when it is not in use. For the record, Mr. Eliopoulos stated they had actually designed a building for that site for the developer years ago although it was never built. Mike Covelli, representing the applicant, stated this will primarily be used for the valet parking that is within the Worthing Place building and noted it helps with the queuing and rather than going up through the parking garage they can go into that. Mayor McDuffie stated he understands there will be some restaurants coming in on the ground floor. Mr. Covelli stated there are some restaurants that will be on the ground floor and this will help with that. Mayor McDuffie asked if anyone from the public would like to speak in favor or in opposition of the temporary parking lot, to please come forward at this time. There being no one from the public who wished to address the Commission regarding the temporary parking lot, the public hearing was closed. There was no cross-examination or rebuttal. Mayor McDuffie stated that there is no Board Order for this item. Mr. Fetzer moved to approve the temporary parking lot at 36 S.E. 2"d Avenue subject to the conditions, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mr. Fetzer -Yes; Mr. Frankel -Yes; Mrs. Gray -Yes; Mayor McDuffie -Yes; Mr. Eliopoulos -Yes. Said motion passed with a 5 to 0 vote. 9.D. CERTIFICATE OF APPROPRIATENESS AND SITE PLAN EXTENSION REQUEST/WAIVER REQUEST/36 S.E. 1st AVENUE: Consider a request to extend the certificate of appropriateness and site plan for twenty-four (24) months and a waiver request to Land Development Regulations (LDR) Section 4.5.1(E)(8)(a)3.a, "Upper Story Height' to allow an increase of the maximum upper story height from twelve feet (12') to fourteen feet (14') for the property located at 36 S.E. 1st Avenue. (Quasi-Judicial Hearing) Chevelle D. Nubin, City Clerk, swore in those individuals who wished to give testimony on this item. Mayor McDuffie asked the Commission to disclose their ex parte communications. The Commission had no ex parte communications to disclose. 10 10/OS/10 Paul Dorling, AICP, Director of Planning and Zoning, entered the Planning and Zoning Department prof ect file #2008-064 into the record. Mr. Dorling stated this is a request fora 24-month extension for a development which was proposed at this location and it was where asingle-family home existed and is being relocated from the site. He stated it was approved for an office building which had parking on the ground floor and the underground parking came out onto the alley. Mr. Dorling stated because of the economy this has not been constructed and they are in for both an extension of the COA (Certificate of Appropriateness) and the Class V site plan modification. Mr. Dorling stated this item was actually approved by the City Commission on an appeal of an HPB denial which was heard on August 19, 2008. The LDRs talk about required findings that need to be made and for projects that have not begun construction it requires that we look at and evaluate new land development regulations that have been implemented since the initial approval. Mr. Dorling stated design guideline changes were made to the CBD (Central Business District) and subsequently does not meet one of those new codes so staff is also requesting a waiver at this time to that particular code section. Mr. Dorling stated that relates to a requirement that the upper story height be a maximum of 14 feet. He stated there are a couple of outstanding conditions of approval that need to be continued with this development as it relates to right-of--way dedications for 1st Avenue and a two foot dedication for the alley. There is also a revised photometric plan which needs to be addressed with a re-submittal if this is approved and extended. Staff recommends the extension of both the COA and the Class V site plan modification subject to those original dedications and a photometric plan; and, approval of the waiver to the section as it relates to the upper height floor that has changed since it was originally approved. The applicant had no comments. Mayor McDuffie stated if anyone from the public would like to speak in favor or in opposition of the Certificate of Appropriateness and Site Plan Extension Request/Waiver Request, to please come forward at this time. There being no one from the public who wished to address the Commission regarding the COA and the Site Plan Extension Request/Waiver Request, the public hearing was closed. There was no cross-examination or rebuttal. The City Attorney briefly reviewed the Board Order with the Commission who made findings according to their consensus (attached hereto is a copy and made an official part of the minutes). Mr. Frankel moved to adopt the Board Order as presented subject to the previous conditional use approvals to be valid until August 19, 2012 subject to the conditions listed in the staff report, 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. 11 10/OS/10 9.E. WAIVER REQUEST/511 SOUTH OCEAN BOULEVARD: Consider a waiver request to reduce the required sight visibility triangle from 10' to 4'2" for a clear line of sight between three feet (3') and six feet (6') in the area formed along both sides of the driveway intersecting the property line at 511 South Ocean Boulevard for a proposed new single family residence within the Ocean Overlay District. (Quasi-Judicial Hearing) Chevelle D. Nubin, City Clerk, swore in those individuals who wished to give testimony on this item. Mayor McDuffie asked the Commission to disclose their ex parte communications. The Commission had no ex parte communications to disclose. Paul Dorling, AICP, Director of Planning and Zoning, entered the Planning and Zoning Department project file #2010-169 into the record. NIr. Dorling stated this is a waiver to reduce the required site visibility triangle from 10 feet to 4 feet 2 inches as it relates to a clear line of site between 3 and 6 feet within that 10 foot site visibility triangle. NIr. Dorling stated the waiver request findings under LDR Section 2.4.7(B)(5) are discussed in the staff report and this is for a piece of property that is being developed on the east side of A-1-A south of Casuarina Road. NIr. Dorling stated there are no future plans for widening of the road and staff recommends approval of the waiver. Gary Stofft, Randall Stofft Architects, stated it is 34 feet from the property line to the edge of pavement. Mayor McDuffie stated if anyone from the public wished 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. 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). NIr. Eliopoulos moved to adopt the Board Order as presented, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mrs. Gray -Yes; Mayor McDuffie -Yes; NIr. Eliopoulos -Yes; NIr. Fetzer -Yes; Mr. Frankel -Yes. Said motion passed with a 5 to 0 vote. 12 10/OS/10 9.F. WAIVER REQUESTS/57 S.W. 5TH AVENUE PUBLIC PARKING LOT: Consider three waiver requests: to allow 23 feet where 24 feet minimum aisle width is required, to allow zero feet (0') to three feet, four and one half inches (3' 4'/z") landscape buffer where five feet (5') is required, and to allow seven feet (7') where twenty feet (20') of stacking is required for 57 S.W. Sm Avenue Public Parking Lot. (Quasi-Judicial Hearing) Chevelle D. Nubin, City Clerk, swore in those individuals who wished to give testimony on this item. Mayor McDuffie asked the Commission to disclose their ex parte communications. The Commission had no ex parte communications to disclose. Paul Dorling, AICP, Director of Planning and Zoning, entered the Planning and Zoning Department project file #2010-195 into the record. Mr. Dorling stated this is for a public parking lot which is going to be constructed by the Community Redevelopment Agency (CRA) between S.W. 4m Avenue and S.W. Sm Avenue and would have access on both of those streets. This involves three waivers; one of those is to the minimum width of the drive aisle required to be 24 feet and it is actually 23 feet; a waiver to the landscape buffers which are required to be 5 feet; and the third waiver relates to stacking distance and there is a requirement where there are parking lots that are over 20 spaces and requirement fora 20 foot setback before the first parking space is seven feet. Mr. Dorling stated with respect to the landscaping and the width of the drive aisle this is minimal distance of 50 feet and there is some conflict between providing that pavement and providing the required landscape strip so this is a compromise between the two providing adequate dimensions in both cases. At its meeting of September 22, 2010, the Site Plan Review and Appearance Board reviewed the three waivers in conjunction with the Class V Site Plan and the Board recommended approval of all three waivers. Staff recommends approval of all three waivers. Jeff Costello, Community Redevelopment A~ency (CRA), stated the parking lot is being provided pursuant to the Downtown Master Plan/West Atlantic Avenue Redevelopment Plan and it will serve the area businesses and residents. Mr. Costello stated this will enable them to maximize the spaces on the lot. Mayor McDuffie stated if anyone from the public would like to speak in favor or in opposition of the waiver requests, to please come forward at this time. There being no one from the public who wished to address the Commission regarding the waiver requests, the public hearing was closed. There was no cross-examination or rebuttal. 13 10/OS/10 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). NIr. Frankel moved to adopt the Board Order as presented, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mayor McDuffie -Yes; NIr. Eliopoulos -Yes; NIr. Fetzer -Yes; Mr. Frankel -Yes; Mrs. Gray -Yes. Said motion passed with a 5 to 0 vote. 9.G. CONDITIONAL USE REQUEST/GERMAN AUTO WORLD, INC.: Consider a conditional use request to allow establishment of an automobile body, paint and repair shop for German Auto World, Inc. to occupy 9,075 sq. ft. of a multiple tenant building fronting on West Atlantic Avenue and a 4,848 sq. ft. existing warehouse building located in the rear, at 2175 West Atlantic Avenue. (Quasi-Judicial Hearing) Chevelle D. Nubin, City Clerk, swore in those individuals who wished to give testimony on this item. Mayor McDuffie asked the Commission to disclose their ex parte communications. Mr. Frankel, Mrs. Gray, Mayor McDuffie, and Mr. Eliopoulos had no ex parte communications to disclose. NIr. Fetzer stated he spoke to former Commissioner Bob Costin on this issue who supported it. Paul Dorling, AICP, Director of Planning and Zoning, entered the Planning and Zoning Department project file #2010-133 into the record. NIr. Dorling stated this is a conditional use to establish an auto body paint and repair facility at 2175 West Atlantic Avenue which is on the north side of West Atlantic Avenue just west of Congress Avenue. This is a request to occupy two buildings on this site; there is a building in the front which is approximately 18,816 square feet and they will occupy half of that building (9,075 square feet) and they will be occupying the entire building in the rear which would be the location of the paint facility. Mr. Dorling stated this will have a maximum of six (6) employees three (3) in the office and three (3) which will be doing the auto repair. The operating hours will be Monday through Friday, 8:00 a.m. to 5:00 p.m., and the operation will be closed on Saturdays and Sundays. NIr. Dorling stated there was a significant review done as it related to the required parking and the change of use. He stated this does meet the parking requirements and there are going to be some parking and storage of vehicles internal to the buildings and those have been accommodated through the related site plan submittals. Mr. Dorling stated there is some upgrading of the site that will need to be done as part of the follow-up site plan if this conditional use is approved and those are attached as conditions of approval. At its meeting of September 20, 2010, the Planning and Zoning Board considered the conditional use and recommended approval subject to conditions as listed on page two of the City Commission memo. NIr. Dorling stated the last condition listed "That all improvements required under this conditional use approval and the associated 14 10/OS/10 site plan modification be completed within six (6) months. If those improvements are not completed, this conditional use approval will not be considered legally established." NIr. Dorling stated the reason this condition was added in this case is because this applicant came in and established the use unaware that there was a conditional use required. Nicholas Caro, CSM Contracting, stated most of the cars are high-end and everything is going to be in the back inside or out of sight of any traffic or anybody. Mayor McDuffie stated if anyone from the public would like to speak in favor or in opposition of the conditional use request, the public hearing was open. There being no one from the public who wished to address the Commission regarding the conditional use request, the public hearing was closed. There was no cross-examination or rebuttal. 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). NIr. Fetzer moved to adopt the Board Order (approving the conditional use request subject to the conditions attached in Exhibit "A"), seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mr. Eliopoulos -Yes; NIr. Fetzer -Yes; NIr. Frankel -Yes; Mrs. Gray -Yes; Mayor McDuffie -Yes. Said motion passed with a 5 to 0 vote. 9.H. REQUEST TO INSTALL A NATIVITY CRECHE AT CHRISTMAS TREE SITE: Consider approval of a request to install a Nativity Creche in the vicinity of the Christmas tree at Old School Square. Robert A. Barcinski, Assistant City Manager, stated this is a request received from Reverend Kathleen Gannon to allow them to install a Nativity Creche in the vicinity of the Christmas tree particularly the S.E. quadrant on the grounds at Old School Square and they will buy, own, install, store, and maintain the creche. Mr. Barcinski stated the Commission should have received additional information that the City Attorney has sent out due to some questions that have arisen. Mr. Barcinski stated he promised the donor of the Menorah that he would repeat his statement which was that he supports this and has no problem as long as there is no cross or star on the creche. Reverend Kathleen Gannon, St. Paul's Episcopal Church, stated Sandy Simon of St. Paul's Episcopal Church and Reverend Chip Stokes both had hoped to be here this evening but they are in other places and want to add their endorsement to this as well. NIr. Barcinski stated staff will work with them in terms of location and size. 15 10/OS/10 Menorah. Mr. Frankel supports this as long as it is the same standard as the Mrs. Gray moved to approve the request to install a Nativity Creche in the vicinity of the Christmas tree at Old School Square, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mr. Fetzer -Yes; Mr. Frankel -Yes; Mrs. Gray - Yes; Mayor McDuffie -Yes; Mr. Eliopoulos -Yes. Said motion passed with a 5 to 0 vote. 9.I. PARKS AND RECREATION FEES: Consider approval to change facility and field fees for Parks and Recreation for FY 2010-2011. Linda Karch, Director of Parks and Recreation, stated staff previously discussed changes to the Parks and Recreation fees structure and after much discussion and consideration the Parks and Recreation Department has decided to limit the number of changes as outlined on the revised chart. Mrs. Karch stated they are going back to the maximum of three hours per room rental for the general public. Staff has included meetings for homeowners' associations, clubs, organizations, community and civic groups to change that to $10.00 a meeting with a maximum of two hours; the afterhours supervisor fee will be $30.00 an hour and the setup fee will be eliminated; the pool skate park gymnasium fees will be changed as shown in the chart; eliminating the recommendation of the per head fee for participants and staff will be coming before the Commission with a proposal with the Delray Beach Athletic Club about the Seacrest Soccer Complex Maintenance Agreement and that will be coming before the Commission at the Workshop meeting of October 12, 2010; tournament fees will be $100.00 per team for non-city sports providers and the home league and the tournament host split the proceeds of the concessions sales to 60% for the home leagues and 40% for the tournament host and there will be an additional charge for lining the fields for non- city sports providers. Mrs. Gray stated the participation fees staff decided not to pass those along but if the City does not come up with an agreement with the Delray Beach Athletic Club for the maintenance of the field what would happen. Mrs. Karch stated she does not recommend instituting it this year. Mr. Eliopoulos moved to approve the Parks and Recreation fees, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mr. Frankel -Yes; Mrs. Gray -Yes; Mayor McDuffie -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes. Said motion passed with a 5 to 0 vote. 9_J. OFFER AN EARLY RETIREMENT INCENTIVE FOR MEMBERS OF THE GENERAL EMPLOYEE'S PENSION PLAN: Consider approval to offer the early retirement incentive to members of General Employees Pension Plan. 16 10/OS/10 The City Manager stated when staff went through the budget this year there was discussion about the possibility of offering an early retirement incentive for general employees. The City Manager stated the early retirement incentive for general employees is that they can retire up to two years early and not have their retirement benefit actuarially reduced. The City Manager stated 41 employees are eligible and if half of those were to retire the required contribution would increase $172,785.00 but the salary costs would go down approximately $251,107.00. He stated the contribution increase would only be for five years and the cost would be paid off in the five year period and the savings would be significantly larger and that is on the assumption that all of these people would be replaced at the entry level. The City Manager stated any positions that open up staff will look at them and if possible not replace them and leave them open. Staff recommends that the Commission authorize staff to go ahead and offer the early retirement incentive to the general employees. NIr. Frankel moved to approve the early retirement incentive to members of the General Employees Pension Plan, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mrs. Gray -Yes; Mayor McDuffie -Yes; NIr. Eliopoulos - Yes; NIr. Fetzer -Yes; Mr. Frankel -Yes. Said motion passed with a 5 to 0 vote. 9.K APPOINTMENT TO THE DELRAY BEACH HOUSING AUTHORITY: Appoint one (1) regular member to the Delray Beach Housing Authority for an unexpired term ending March 6, 2014. Based upon the rotation system, the recommendation for appointment will be made by Commissioner Frankel (Seat #3). NIr. Frankel moved to appoint Guarn Sims as a regular member to the Delray Beach Housing Authority for an unexpired term ending March 6, 2014, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mayor McDuffie -Yes; NIr. Eliopoulos -Yes; NIr. Fetzer -Yes; Mr. Frankel -Yes; Mrs. Gray -Yes. Said motion passed with a 5 to 0 vote. 9.L. APPOINTMENT TO THE HISTORIC PRESERVATION BOARD: Appoint one (1) regular member to the Historic Preservation Board to serve an unexpired term ending August 31, 2012. Based upon the rotation system, the appointment will be made by Mayor McDuffie (Seat #5). Mayor McDuffie moved to appoint Annette Smith as a regular member to the Historic Preservation Board to serve an unexpired term ending August 31, 2012. NIr. Frankel so moved, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mr. Eliopoulos -Yes; NIr. Fetzer -Yes; Mr. Frankel -Yes; Mrs. Gray -Yes; Mayor McDuffie -Yes. Said motion passed with a 5 to 0 vote. At this point, the time being 6:46 p.m., the Commission moved to Item 11, Comments and Inquiries on Non-Agenda Items from the City Manager and the Public. ll.A. City Manager's response to prior public comments and inquiries. 17 10/OS/10 The City Manager stated at the last meeting Pauline Moody again had brought up an issue about broken up concrete debris off S.W. lOm Street. The City Manager stated what Ms. Moody is actually talking about is on the CSX right-of--way; however, in contacting them they have said that it is not their responsibility. The City believes that it was put there by FPL and staff has been in touch with them and if the City cannot get FPL to move the debris, the City will clean it up and send them a bill for it. 11.B. From the Public. 11.B.1. Clifford Wright, 3930 Lowson Boulevard, Delray Beach, FL 33445, stated there was a newspaper article that was published in the Sun-Sentinel Sunday regarding the City Manager's comment about this report regarding the Auburn Trace Local Hiring Practices, etc. Mr. Wright stated he has not seen a report yet and at the last meeting the commitment was made that they would have that report on September 27, 2010. Mr. Wright stated in the newspaper article it stated that neither the City Manager nor Lula Butler could find the telephone number and noted he found this disturbing considering the fact that this is a $27 million project and he was able to obtain the telephone number. Mr. Wright stated Mayor McDuffie, Commissioner Gray, and Commissioner Frankel made an oral commitment to the community with a 3 to 2 vote that this project would bring local jobs. 11.B.2. Dr. Victor Kirson, 2050 Alta Meadows Lane #2110, Delray Beach, FL 33444 (Tierra Verde at Delray Beach), commented on the crime statistics in Delray Beach and stated the violent crime comparison per 1,000 residents national median is 4.7 and Delray Beach is 11.21; property crime rate comparison per 1,000 residents national median is 35; Delray Beach is; crime index per 100 cities with 100 being the safest Delray Beach is 6. Dr. Kirson stated this information came from the PBA (Police Benevolent Association) which is a company that keeps national statistics on crime. He stated there still seems to be two issues: whether to give Police and Fire 12 days a year furlough and whether to lower their hours from 84 to 80. 11.B.3. Alan Schnier, President of Auburn Group, 777 East Atlantic Avenue, Delray Beach, FL 33483, stated he has been in the affordable housing industry for 35 years and the first 12 years of his career he was in public local government and Palm Beach County government and towards the end of his career he was the Executive Director of Housing & Community Development. Mr. Schnier stated during his 35 years in local government he has seen, witnessed, and have had to implement various local hiring practices, various public work projects and public work developments. Mr. Schnier stated it is an ambitious goal for an employer to implement in Palm Beach County. It is a 15% requirement and for the School Board it is a 20% requirement to have local subcontractors, minorities, as well as women businesses to actually work and participate within the development and/or projects that are going on. Mr. Schnier stated in his 35 years in this industry without a mandate from any local government or from the funding sources the Auburn Group has far exceeded any goal in hiring local subcontractors, kids from the neighborhood, and try to develop a program where the children could go back out and have a vocation that they could have a career later on in 18 10/OS/10 life. Mr. Schnier stated the reason the Auburn Group has undertaken this program is because of their commitment to Delray Beach and they want to be part of watching the youth of the community have some type of career as they mature through life. 11.B.4. Staci Thirlwell, 4552 N.W. 60th Street, Coconut Creek, FL, stated she is the General Contractor that is contracted with the Auburn Group for the Villages at Delray project and they have made every effort to hire Delray subcontractors as well as subcontractors from Palm Beach County. Ms. Thirlwell stated at this time they have five Delray subcontractors who have been awarded a contract on the Villages at Delray project. She stated they have an additional subcontractor who is a sub underneath another sub who is a Delray subcontractor as well as two service subcontractors. In addition, Ms. Thirlwell stated they have also hired three Palm Beach subcontractors and three service subcontractors for the Villages of Delray project. She stated she has been assisting the Auburn Group with hiring from the local community and they have a program where we are giving youth as well as other residents of the Delray community an opportunity to work on this project to learn more about construction. Ms. Thirlwell stated she mentors high school students in a program called ACE Mentor Program and there is also a program at Atlantic High School. She stated she mentors at Plantation High School Ms. Thirlwell stated she has been overseeing the project and they have appreciated their opportunity because they are learning hands on construction which will be very helpful for them in the future as well as for the industry. She stated they have actually hired two individuals from this program that Auburn has headed up. 11.B.5. Aces Dort, Jr., 13th Street, Delrav Beach, stated he has been employed with G Drywall for approximately five days and is glad for the opportunity. 11.B.6. Allante Johnson, 6th Avenue Delrav Beach, resident of Delray Beach for 22 years, stated he is employed by Dual Air and is looking forward to starting. 11.B.7. Renoit Achille, Delrav Beach resident, works for Dual Air and has not started yet. 11.B.8. Steve Jones, General Manager of Dual Air Services, stated they have not gotten to the point in the project yet where they have started interior trades as far as installing duct work, etc. Mr. Jones stated the two previous speakers are slated to start in the next two weeks. He stated as a company he really thinks highly of this concept. Mr. Jones stated he was given a chance 18 years ago right out of the military with really no skill or trade and was brought in and sent to an air conditioning school and learned the trade and has been doing it ever since. Mr. Jones stated they are a Delray Beach based contractor and have been in Delray Beach for over 18 years. He stated it is a good opportunity for someone to learn along-term trade that can benefit them for the rest of their life. Mr. Frankel stated that Mr. Jones commented that somebody brought this opportunity to his company and asked him to expand on that. Mr. Jones stated when he got out of the military he had no job skills and was approached by a company at a j ob 19 10/OS/10 fair. Mr. Jones stated he interviewed and met up with an air conditioning company. Mr. Jones stated before the project ever started it was a brought up that they wanted to bring local people in and give them a trade and a skill to learn. Mrs. Gray asked what would happen to the new hires once this project is completed. Mr. Jones stated they would go on to continue to work with his company. Mr. Jones stated they are investing time and money into these employees to train them and besides working and benefiting his company they are investing a lot of money and time into them as well. 11.B.9. Christopher Williams, resident of Delrav Beach for 22 vears, works as an electrician. 11.B.10. David Haves, has lived in Delrav Beach for 30 vears (3''d Avenue), has been working for Wiginton Fire Systems for three weeks and is happy for the opportunity. 11.B.11. Hector with Wiginton Fire Systems, stated Wiginton is fortunate to have brought someone in as well as Mr. Hayes. He stated they have great benefits as far as apprenticeships, etc. 11.B.12. Henry Reeves, 915 Auburn Circle North, Delrav Beach, FL, stated he is glad he has the opportunity to prove himself through Tied Right Steel. 11.B.13. Josh Henderson, representative of Tied Right Steel, stated outside of work he is a youth pastor and he feels that anytime anyone is willing to give a youth an opportunity to learn a trade that they can take throughout their lives to make a living for their family is a wonderful idea. Mrs. Gray asked what the age groups of these young men are. Mr. Henderson stated anywhere from age 18-30 and the man that works for him is actually in his forties. 11.B.14. Tony Mitchell, 1st Street, Delrav Beach, FL, stated he is 21 years old and works for Hatcher Construction Company. 11.B.15. Jeff Hatcher, Hatcher Construction, stated he is glad to give Mr. Mitchell the opportunity to work for Hatcher Construction and noted that he is learning different trades such as steel tying, seeing the block masons do work, and the roofers are working with trusses. Mr. Hatcher stated if Mr. Mitchell is interested in staying with a trade then Hatcher Construction will try to work with him as long as he is interested in it. 11.B.16. Tommy Haves, resident of Delrav Beach (1St Street), works for CVS Construction. 11.B.17. (Name Unknown), resident of Delray Beach for 15 years and he is a 20 10/OS/10 carpenter. 11.B.18. DeJeff Noel, stated he is 22 years old and works for Ridgeway Plumbing and feels this is a great opportunity that the Auburn Group is doing. Mrs. Gray asked Mr. Noel if he was working prior to this. Mr. Noel stated he was working at Wal-mart and wanted to take classes but was not sure what he wanted to do. Mr. Noel stated the opportunity with the Auburn Group is something he feels he wants to go forward with. 11.B.19. Jim Howard, Rid~eway Plumbing (located in Boynton Beach), stated Mr. Noel has been working for Ridgeway Plumbing for approximately one week. Mr. Howard stated Ridgeway Plumbing has been involved with this mentoring program and he has worked with Staci Thirlwell mentoring at Plantation High School last year. Mr. Howard stated Ridgeway Plumbing has been heavily involved in the apprenticeship programs in Palm Beach County and Broward County and they have sponsored numerous individuals through the apprenticeship program. Mr. Howard stated Ridgeway Plumbing also has an in-house program that they utilize to engage the inexperienced and youth in the communities and train them in the program to utilize them as long-term employees. Mr. Howard stated Ridgeway Plumbing is located in Boynton Beach and they currently employ 10-15% of their workforce who live and work in and around Delray Beach. Mr. Howard stated they appreciate the efforts the City has put forth in working with this program and helping them make it succeed. 11.B.20. Yves Wel~ot, resident of Delray Beach, stated he works with Willard and Scott as an electrician. 11.B.21. Glen Willard, owner of Willard and Sons Electric, stated because of his experience Yves has been hired as a supervisor to oversee the decks. Mr. Willard stated programs like these are great because it gives them the chance to hire young guys and gives them an opportunity. 11.B.22. Grey Douglas, Proiect Manager for Hardrives Paving, stated they will be working as a subcontractor and stated this is an opportunity to give people of any age to learn a life skill. 11.B.23. Ann Stacey Wright, with the Atlantic Park Gardens Neighborhood Association, the S.W. Neighborhood Alliance along with the NW/SW Coalition, stated she has worked in her community for over 35 years and stated she was present at the meetings when the Auburn Group talked about getting labor. Ms. Wright stated she commends the Auburn Group for bringing in these young men to speak but she does not feel that the Auburn Group really did what they said they were going to do. Ms. Wright asked when were these job opportunities given to the community and stated she knows there are local contractors that are qualified just as well. Mrs. Gray stated the Auburn Group has given not only young men jobs 21 10/OS/10 but they have given older people jobs with experience as well. Mrs. Gray asked Ms. Wright to clarify what she means. Ms. Wright stated Auburn Group has gone out and got some people to bring to the Commission meeting to speak to make them look good. 11.B.24. Cito Beguiristain, Auburn Development, 777 East Atlantic Avenue, Delray Beach, FL 33483, stated he is proud to work for Tom and Brian Hinners and Auburn Development and to be a part of Delray Beach. Mr. Beguiristain stated there were no conditions placed on them by any of their financing or their approvals to make an effort to hire from Delray Beach and there were no conditions of their financing that said they had to hire Delray Beach/Palm Beach County subcontractors. However, Mr. Beguiristain stated there was a commitment by the Auburn Group to do that. Mr. Beguiristain stated former Commissioner Alberta McCarthy, Andre Fladell, Commissioner Gray and others spoke to them about the need to create jobs in Delray Beach and Ms. McCarthy specifically came up with the concept about eight months ago regarding the idea of trying to hire apprentices from the neighborhood in addition to hiring subcontractors from the neighborhood. Mr. Beguiristain stated Auburn felt that this would be a great opportunity to make sure that the people in attendance this evening and additional people that will be hired in the future that they be given an opportunity. Mr. Beguiristain stated they started off with a goal eight months ago of approximately 20 people with a goal of 12 people making it through and they have achieved their goals. He stated they have put these people in safety training classes, OSHA (Occupational Safety and Health Administration) certified classes, and had them get physical exams that Auburn paid for. Mr. Beguiristain stated these individuals had a chance to interview with each of the subcontractors and noted that 13 subs applied for projects in Delray Beach; 5 of the subs who bid for contracts received contracts and an additional 3 subs were hired from Palm Beach County. He stated outside of Palm Beach County 133 subs applied and only 6 received contracts. Therefore, Mr. Beguiristain stated 1 out of 3 Delray Beach companies that applied for a subcontract received a contract and over 57% of the contracts that have been awarded so far are Delray Beach and Palm Beach County contracts; 21.42% of those contracts (3 out of the current 14 contracts) are minority and woman owned business enterprises. Mr. Beguiristain stated they have done something called the "double bottom line" which is the bottom line of this development but the double bottom line of helping out the community, creating jobs, and keeping their commitment that they would make an extra commitment to hire people from Delray Beach when possible. 11.B.25. Brian Hinners, 415 N.W. 12th Street, Delray Beach, FL 33444, stated when they set out to build the Village at Delray their premise has been that they would make a commitment to the community. Mr. Hinners stated he has lived and worked here for over 20 years and they are committed to Delray Beach and they did want to hire people from firms from Delray Beach, and people that live in Delray Beach because they knew that this would be a better development and a better place to live and work if the neighborhood would benefit from the economic stimulus that would be brought about by this construction. Mr. Hinners stated when they hired Current Builders and interviewed other builders to be their General Contractor they were most impressed by Current Builders because they had mentoring programs, hired from the local communities, they 22 10/OS/10 mentored with youth in the high schools and gave OSHA training to kids. Mr. Hinners stated they intend to hire more people from the community and as they continue with construction there is going to be more opportunities and more finished trades will be coming in and there will be a huge economic development for Delray Beach. Mr. Hinners distributed the report regarding the hiring practices. Mayor McDuffie stated at the last meeting someone from the public stated he walked in the trailer and was turned away and was informed there were no jobs. Mr. Hinners stated they are taking everyone's information as they come in and if an opportunity opens up for them they will make that available to them and noted that nobody is being turned away. 11.B.26. Alberta McCarthy, 2845 S.W. 22"d Avenue, Delray Beach, FL 33445, stated it has been eight months that this program has initially been put in place and during that period of time there have been over 26 young men who were signed up, told what was coming, and were waiting for this to come to fruition. Ms. McCarthy stated four of those young men have gone on to college and have been accepted and some of them got jobs. With regard to people who have been walking into the trailer and asking for jobs, Ms. McCarthy stated they have over five pages of people who have submitted their names, contact information, address, and a valid phone number. Ms. McCarthy stated in construction it goes in phases and there are some jobs that have already been completed and fulfilled and there are others that will be coming as the need requires. Ms. McCarthy stated she has gone out to the site and stated these are real citizens of the community who are employed. 11.B.27. Andre Fladell, 3837 Sherwood Boulevard, Delrav Beach, FL 33445 (lived in Delrav Beach for over 30 years), stated he is very familiar with Delray's working and the streets. Mr. Fladell stated he reached out to people who have been his patients for years and members of the community both Haitian and African-American and asked them if they knew anyone that would look for a job and if they were interested in learning a trade. Mr. Fladell stated he and Ms. McCarthy worked together to reach out to the community and it was their interest to teach young people a profession not give someone a job for an hour. Mr. Fladell stated their goal was to try and give them at least a dozen kids an opportunity to have a lifetime career and Mr. Beguiristain and Mr. Hinners were all for it. At this point, the time being 7:38 p.m., the Commission moved to the duly advertised Public Hearings portion of the Agenda. 10. PUBLIC HEARINGS: 10.A. ORDINANCE NO. 23-10 (SECOND READING/SECOND PUBLIC HEARING): Consider a city initiated amendment to the Land Development Regulations Section 4.3.3 "Special Requirements for Specific Uses", to enact a new Subsection (KKK) establishing regulations for Live/Work Units; amending Section 4.4.12 "Planned Commercial District", Subsection (D) "Conditional Uses and Structures Allowed", 23 10/OS/10 Section 4.4.13 "Central Business District", Subsection (D) "Conditional Uses and Structures Allowed"; Section 4.4.29 "Mixed Residential, Office and Commercial", Subsection (E) "Conditional Uses and Structures Allowed" to allow Live/Work units as a conditional use; and amending Appendix "A" "Definitions" to provide a revised definition for "Live/Work Unit". office.) The caption of Ordinance No. 23-10 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES, BY AMENDING SECTION 4.3.3, "SPECIAL REQUIREMENTS FOR SPECIFIC USES", BY ENACTING A NEW SUBSECTION (KKK) TO ESTABLISH REGULATIONS FOR LIVE/WORK UNITS; BY AMENDING SECTION 4.4.12, "PLANNED COMMERCIAL (PC) DISTRICT", SUBSECTION (D), "CONDITIONAL USES AND STRUCTURES ALLOWED"; SECTION 4.4.13, "CENTRAL BUSrNESS (cBD~ DISTRICT~~, SUBSECTION (D~, "CONDITIONAL USES AND STRUCTURES ALLOWED"; AND SECTION 4.4.29, "MIXED RESIDENTIAL, OFFICE AND COMMERCIAL (MROC) DISTRICT", SUBSECTION (E), "CONDITIONAL USES AND STRUCTURES ALLOWED" TO ALLOW LNE/WORK UNITS AS A CONDITIONAL USE; AND BY AMENDING APPENDIX A, "DEFINITIONS" TO PROVIDE A REVISED DEFINITION FOR "LIVE/WORK UNIT"; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 23-10 is on file in the City Clerk's The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Paul Dorling, AICP, Director of Planning and Zoning, stated this ordinance modifies the definition of live/work unit and allows the use as a conditional use in specific zoning districts (Planned Commercial District, Central Business District, Central Business District-Railroad Corridor, and Mixed Residential Office and Commercial). Mr. Dorling stated there are some special regulations that are being implemented as part of that and it requires the occupant of the residential unit to be the proprietor or owner of the business; it allows only one additional employee and it must be 24 10/OS/10 a unit that faces a public or private street with available on-street parking because this type of conversion will not require any specific parking and it is assumed that it will utilize the on-street parking that is available next to it. Also, it shall not exceed 200 square feet of net area and when this came before the Commission on first reading there was a question as to what that net area encompassed. The definition has been revised to be consistent with areas that do not include storage, bathrooms, etc. The hours of operation would be limited so that we maintain a residential character from 8:00 a.m. - 6:00 p.m. and deliveries would be limited from 9:00 a.m. - 6:00 p.m. and non-residential uses creating industrial type impacts would be prohibited. At its meeting of August 17, 2010, the City Commission tabled this item because of the net area and it came back to the Commission with the version that addressed the net area more specifically on first reading September 7, 2010. Mr. Dorling stated it was originally scheduled for the City Commission meeting of September 21, 2010 and there was a glitch in the advertising so it is now before the Commission for second and final reading; at its meeting of July 7, 2010, the Pineapple Grove Main Street Board recommended approval; at its meeting of July 8, 2010, the Community Redevelopment Agency recommended approval; at its meeting of July 12, 2010, the Downtown Development Authority recommended approval; at its meeting of July 13, 2010, the West Atlantic Redevelopment Coalition recommended approval; at its meeting of July 19, 2010, the Planning and Zoning Board recommended approval. Staff recommends approval. Mayor McDuffie declared the public hearing open. There being no one from the public who wished to address the Commission regarding Ordinance No. 23-10, the public hearing was closed. Mr. Eliopoulos moved to adopt Ordinance No. 23-10 on Second and FINAL Reading, 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. 10.B. ORDINANCE NO. 25-10 (FIRST READING/FIRST PUBLIC HEARING): Consider a city initiated amendment to the Land Development Regulations (LDR) by amending Section 4.3.3, "Special Requirements For Specific Uses", Subsection (T), "Family Day Care" and enacting a new Subsection (TT), "Large Family Child Care Home"; amending Subsection (C), "Accessory Uses and Structures Permitted" and Subsection (D), "Conditional Uses and Structures Allowed" of Section 4.4.3, "Single Family Residential (R-1) Districts", Section 4.4.5, "Low Density Residential (RL) District", Section 4.4.6, "Medium Density Residential (RM) District", Section 4.4.7, "Planned Residential Development (PRD) District", Section 4.4.9, "General Commercial (GC) District", Section 4.4.13, "Central Business (CBD) District", Section 4.4.17, "Residential Office (RO) District", and Section 4.4.24, "Old School Square Historic Arts District (OSSHAD)"; amending Section 4.4.9, "General Commercial (GC) District", Subsection (G), "Supplemental Regulations", Sub-subsection (3), Four Corners Overlay District; amending Section 4.4.29, "Mixed Residential, Office and Commercial (MROC) 25 10/OS/10 District", Subsection (C), "Accessory Uses and Structures Permitted" and Subsection (E), "Conditional Uses and Structures Allowed", in order to update the Land Development Regulations (LDR) to comport with changes in state law; amending Appendix A, "Definitions", to revise the definitions of "Child Care Facility" and "Family Day Care Facilities" and enacting a new definition, "Large Family Child Care Home". If passed, a second public hearing will be held on October 19, 2010. The caption of Ordinance No. 25-10 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS BY AMENDING SECTION 4.3.3, "SPECIAL REQUIREMENTS FOR SPECIFIC USES", SUBSECTION (T), "FAMILY DAY CARE" AND ENACTING A NEW SUBSECTION (TT), "LARGE FAMILY CHILD CARE HOME"; AMENDING SUBSECTION (C), "ACCESSORY USES AND STRUCTURES PERMITTED" AND SUBSECTION (D), "CONDITIONAL USES AND STRUCTURES ALLOWED" OF SECTION 4.4.3, "SINGLE FAMILY RESIDENTIAL (R-1) DISTRICTS", SECTION 4.4.5, "LOW DENSITY RESIDENTIAL (RL) DISTRICT", SECTION 4.4.6, "MEDIUM DENSITY RESIDENTIAL (RM) DISTRICT", SECTION 4.4.7, "PLANNED RESIDENTIAL DEVELOPMENT (PRD) DISTRICT", SECTION 4.4.9, "GENERAL COMMERCIAL (GC) DISTRICT", SECTION 4.4.13, "CENTRAL BUSINESS (CBD) DISTRICT", SECTION 4.4.17, "RESIDENTIAL OFFICE (RO) DISTRICT", AND SECTION 4.4.24, "OLD SCHOOL SQUARE HISTORIC ARTS DISTRICT (OSSHAD)"; AMENDING SECTION 4.4.9, "GENERAL COMMERCIAL (GC) DISTRICT", SUBSECTION (G), "SUPPLEMENTAL REGULATIONS", SUB- SUBSECTION (3), FOUR CORNERS OVERLAY DISTRICT; AMENDING SECTION 4.4.29, "MIXED RESIDENTIAL, OFFICE AND COMMERCIAL (MROC) DISTRICT", SUBSECTION (C), "ACCESSORY USES AND STRUCTURES PERMITTED" AND SUBSECTION (E), "CONDITIONAL USES AND STRUCTURES ALLOWED", IN ORDER TO UPDATE THE LAND DEVELOPMENT REGULATIONS TO COMPORT WITH CHANGES IN STATE LAW; AMENDING APPENDIX A, "DEFINITIONS", TO REVISE THE DEFINITIONS OF "CHILD CARE FACILITY" AND "FAMILY DAY CARE FACILITIES" AND ENACTING 26 10/OS/10 ANEW DEFINITION, "LARGE FAMILY CHILD CARE HOME"; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE AND AN EFFECTIVE DATE. office.) (The official copy of Ordinance No. 25-10 is on file in the City Clerk's The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Paul Dorling AICP, Director of Planning and Zoning, stated this is a city- initiated amendment to add large family child care homes as a conditional use in the specific zoning districts which are identified in the agenda backup which includes residential districts and some commercial districts. Mr. Dorling stated this is to respond to recent legislative changes to Florida Statutes. House Bill 1045 -specific to Palm Beach County became effective on May 26, 2010. The amendment increases the limit on the number of children allowed in a Family Day Care Home from five (5) to six (6) and introduced the Family Child Care Home category. Mr. Dorling stated it is subject to a conditional use approval and similar special regulations that apply to regular day care when dealing with the larger number of children as well as special provisions that are identified in House Bill 1045. At its meeting of August 23, 2010, the Planning and Zoning Board recommended approval with a 5 to 1 vote. Staff recommends approval. Mayor McDuffie declared the public hearing open. There being no one from the public who wished to address the Commission regarding Ordinance No. 25-10, the public hearing was closed. Mr. Frankel moved to approve Ordinance No. 25-10 on First Reading/First Public Hearing, seconded by Mr. Fetzer. Upon roll call the Commission voted as follows: Mr. Frankel -Yes; Mrs. Gray -Yes; Mayor McDuffie -Yes; Mr. Eliopoulos - Yes; Mr. Fetzer -Yes. Said motion passed with a 5 to 0 vote. 10.C. ORDINANCE NO. 35-10 (FIRST READING/FIRST PUBLIC HEARING): Consider a city initiated amendment to Land Development Regulations (LDR) replacing several references to "Medicines and Prescriptions", "Drugs and Medicine" and "Drug Store" with the term "Pharmacies". If passed, a second public hearing will be held on October 19, 2010. The caption of Ordinance No. 35-10 is as follows: 27 10/OS/10 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, BY AMENDING SECTION 4.4.9, "GENERAL COMMERCIAL (GC) DISTRICT", SUBSECTION (B), "PRINCIPAL USES AND STRUCTURES PERMITTED", SECTION 4.4.11, "NEIGHBORHOOD COMMERCIAL (NC) DISTRICT", SUBSECTION (B), "PRINCIPAL USES AND STRUCTURES PERMITTED", SECTION 4.4.13, "CENTRAL BUSINESS (CBD) DISTRICT", SECTION (B), "PRINCIPAL USES AND STRUCTURES PERMITTED"; SECTION 4.4.24, "OLD SCHOOL SQUARE HISTORIC ARTS DISTRICT (OSSHAD)", SUBSECTION (B), "PRINCIPAL USES AND STRUCTURES"; AND SECTION 4.4.29, "MIXED RESIDENTIAL, OFFICE AND COMMERCIAL (MROC) DISTRICT", SUBSECTION (B), "PRINCIPAL USES AND STRUCTURES PERMITTED", TO PROVIDE A CONSISTENT REFERENCE TO PHARMACIES; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. office.) (The official copy of Ordinance No. 35-10 is on file in the City Clerk's The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Paul Dorling, AICP, Director of Planning and Zoning, stated this ordinance provides that consistent reference to the term "pharmacies" throughout the LDRs. Mr. Dorling stated in the current LDRs the actual word "pharmacy" occurs only in the PCC (Planned Commerce Center) District. Mr. Dorling stated other zoning districts allow pharmacies but refer to them as medicines, prescriptions, drugs, medicines, and drug stores. Therefore, Mr. Dorling stated staff is changing them all to reflect a designation of pharmacy. At its meeting of September 20, 2010, the Planning and Zoning Board considered this ordinance and recommended approval with a 7 to 0 vote. Mayor McDuffie declared the public hearing open. There being no one from the public who wished to address the Commission regarding Ordinance No. 35-10, the public hearing was closed. 28 10/OS/10 Mrs. Gray moved to approve Ordinance No. 35-10 on First Reading/First Public Hearing, 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.D. ORDINANCE NO. 36-10 (FIRST READING/FIRST PUBLIC HEARING): Consider a city initiated amendment to the Land Development Regulations (CDR) Section 4.3.3 (CELL), "Pharmacies", to add the term "Medical Clinics" under applicability and to change the category title to "Medical, Professional, Business Offices and Medical Clinics". If passed, a second public hearing will be held on October 19, 2010. The caption of Ordinance No. 36-10 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, BY AMENDING SECTION 4.3.3, "SPECIAL REQUIREMENTS FOR SPECIFIC USES", SUBSECTION (CELL), "MEDICAL OFFICES", TO INCLUDE MEDICAL CLINICS; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 36-10 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Paul Dorling, AICP, Director of Planning and Zoning, stated this ordinance is to clean up some potential loopholes. Mr. Dorling stated the City prohibited the dispensing of Schedule II drugs and any prescription drugs at professional business offices. He stated this is to further add to the category "medical clinics" to avoid an issue of somebody making an argument that they are a medical clinic and therefore not subject to the dispensing restrictions. At its meeting of September 20, 2010, the Planning and Zoning Board considered this ordinance and recommended approval with a 7 to 0 vote. Mayor McDuffie declared the public hearing open. There being no one from the public who wished to address the Commission regarding Ordinance No. 36-10, the public hearing was closed. 29 10/OS/10 Mr. Fetzer moved to approve Ordinance No. 36-10 on First Reading/First Public Hearing, 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.E. ORDINANCE NO. 31-10: Consider approval of an ordinance amending Chapter 35, "Employee Policies and Benefits", by amending Section 35.014, "Preferential Bonus Points", in order to update the City's Code. The caption of Ordinance No. 31-10 is as follows: office.) AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 35, "EMPLOYEE POLICIES AND BENEFITS" BY AMENDING SECTION 35.014, "PREFERENTIAL BONUS POINTS" IN ORDER TO UPDATE THE CITY'S CODE; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTNE DATE. (The official copy of Ordinance No. 31-10 is on file in the City Clerk's The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. The City Attorney stated the changes were made in this ordinance to comply with changes in Federal law. Mayor McDuffie declared the public hearing open. There being no one from the public who wished to address the Commission regarding Ordinance No. 31-10, the public hearing was closed. Mr. Frankel moved to adopt Ordinance No. 31-10 on Second and FINAL Reading, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. Frankel -Yes; Mrs. Gray -Yes; Mayor McDuffie -Yes. Said motion passed with a 5 to 0 vote. 10.F. ORDINANCE NO. 33-10: Consider approval of an ordinance amending Chapter 35, "Employee Policies and Benefits", Section 35.089, "Definitions", to provide revised definitions of "Final Monthly Compensation" and "Normal Retirement Date"; amending Section 35.095, "Contributions of Participant and City", Subsection (A), "Participant's Contribution Account", to provide for a change in the contribution amount; amending Section 35.097, "Retirement Income; Basis, Amount, and Payment", 30 10/OS/10 Subsection (A), "Normal Retirement Income", to change the normal form of retirement to life annuity; amending Subsection (C), "Disability Retirement and Retirement Income", Paragraph (5), Subparagraph (A), "Monthly Income Payable", Sub-subparagraph (1), "Service-Connected Disability", to modify disability average monthly earnings; amending Subsection (D), `Benefits Other Than on Retirement", Paragraph (2), `Benefit Payable in the Event of Participating Employee's Death On or Before the Normal Retirement Date", Subparagraph (A), "Death Benefit--Service-Connected Death", to modify the monthly income General Employees Pension. The caption of Ordinance No. 33-10 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 35, "EMPLOYEE POLICIES AND BENEFITS", SECTION, "35.089, "DEFINITIONS", TO PROVIDE REVISED DEFINITIONS OF "FINAL MONTHLY COMPENSATION" AND "NORMAL RETIREMENT DATE"; AMENDING SECTION 35.095, "CONTRIBUTIONS OF PARTICIPANT AND CITY", SUBSECTION (A), "PARTICIPANT'S CONTRIBUTION ACCOUNT", TO PROVIDE FOR A CHANGE IN THE CONTRIBUTION AMOUNT; AMENDING SECTION 35.097, "RETIREMENT INCOME; BASIS, AMOUNT, AND PAYMENT", SUBSECTION (A), "NORMAL RETIREMENT INCOME", TO CHANGE THE NORMAL FORM OF RETIREMENT TO LIFE ANNUITY; AMENDING SUBSECTION (C), "DISABILITY RETIREMENT AND RETIREMENT INCOME", PARAGRAPH (5), "DISABILITY RETIREMENT INCOME", SUBPARAGRAPH(A), "MONTHLY INCOME PAYABLE", SUB-SUBPARAGRAPH (1), "SERVICE- CONNECTED DISABILITY", TO MODIFY DISABILITY AVERAGE MONTHLY EARNINGS; AMENDING SUBSECTION (D), "BENEFITS OTHER THAN ON RETIREMENT", PARAGRAPH (2), "BENEFIT PAYABLE IN THE EVENT OF PARTICIPATING EMPLOYEE'S DEATH ON OR BEFORE THE NORMAL RETIREMENT DATE", SUBPARAGRAPH (a), "DEATH BENEFIT--SERVICE- CONNECTED DEATH", TO MODIFY THE MONTHLY INCOME; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. 31 10/OS/10 office.) (The official copy of Ordinance No. 33-10 is on file in the City Clerk's The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Mayor McDuffie declared the public hearing open. There being no one from the public who wished to address the Commission regarding Ordinance No. 33-10, the public hearing was closed. Mr. Frankel moved to adopt Ordinance No. 33-10 on Second and FINAL Reading, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mr. Fetzer -Yes; Mr. Frankel -Yes; Mrs. Gray -Yes; Mayor McDuffie -Yes; Mr. Eliopoulos -Yes. Said motion passed with a 5 to 0 vote. At this point, the time being 7:53 p.m., the Commission moved to Item 12, First Readings. 12. FIRST READINGS: 12.A. ORDINANCE NO. 34-10: Consider a city initiated amendment to the Land Development Regulations (LDR) Section 2.4.7(G), "Requests for Accommodation" procedures. If passed, a public hearing will be held on October 19, 2010. The caption of Ordinance No. 34-10 is as follows: office.) AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, BY AMENDING SECTION 2.4.7, "PROCEDURES FOR OBTAINING RELIEF FROM COMPLIANCE WITH PORTIONS OF LAND DEVELOPMENT REGULATIONS", BY AMENDING SUBSECTION (G), "REQUESTS FOR ACCOMMODATION", SUB- SUBSECTION (5), "NOTICE OF PROPOSED DECISION", TO CLARIFY THE PROCEDURE REGARDING REASONABLE ACCOMMODATION REQUESTS; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 34-10 is on file in the City Clerk's The City Attorney read the caption of the ordinance. 32 10/OS/10 Paul Dorling AICP, Director of Planning and Zoning, stated this is a city- initiated amendment to the LDRs that will clarify the procedures regarding reasonable accommodation requests. Mr. Dorling stated the current language in the Code requires notice and a public hearing to receive comments, input, and information from the public regarding requests for reasonable accommodations before such reasonable accommodations can be considered and acted upon. The intent of the reasonable accommodation request is to not impose an inordinate burden on persons with disabilities and to comport with this intent; this notice and public hearing requirement should not be imposed. This amendment removes the requirement for notice and public hearing. At its meeting of September 20, 2010, the Planning and Zoning Board considered this item and recommended approval with a 7 to 0 vote. Mrs. Gray moved to approve Ordinance No. 34-10 on FIRST Reading, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mr. Frankel -Yes; Mrs. Gray -Yes; Mayor McDuffie -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes. Said motion passed with a 5 to 0 vote. 12.B. ORDINANCE NO. 37-10: Consider a city initiated amendment to the Land Development Regulations (LDR) Section 6.3.3., "Sidewalk Cafe", amending the regulations. If passed, a public hearing will be held on October 19, 2010. office.) The caption of Ordinance No. 37-10 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, BY AMENDING SECTION 6.3.3, "SIDEWALK CAFE"; TO PROVIDE CLARIFICATION ON SIDEWALK CAFES; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 37-10 is on file in the City Clerk's The City Attorney read the caption of the ordinance. Paul Dorling AICP, Director of Planning and Zoning, stated this is a city- initiated amendment to the LDRs that will modify and provide additional clarification to the use of sidewalk cafes. Mr. Dorling stated the modifications provide additional clarifications to where sidewalk cafes can locate, what businesses can utilize sidewalk cafes and outline certain operational functions that are prohibited within outside sidewalk cafe areas. Mr. Dorling stated it also increases the application, permit and penalty fees. He stated it clarifies that retail businesses with food sales as an accessory use are not eligible for a sidewalk cafe permit. It also requires that food prep, trash receptacles, and cash registers are prohibited in the sidewalk cafe areas and expands the areas that 33 10/OS/10 sidewalk cafes can occur into areas adjacent to public spaces and between the side street and the building in addition to the current language which allows the use only in areas between the front of the building and the street. Mr. Dorling stated it includes some aesthetic changes that require street furniture to be of a quality design material and workmanship that will enhance the aesthetics of the street; and, it also adds a reference to multiple civil violations in addition to code enforcement violations being grounds for sidewalk cafe permit termination. At its meeting of September 23, 2010, the Community Redevelopment Agency considered this item and recommended approval but felt the fee increase was too great and they recommended a 30% increase. Mr. Dorling stated the Code as proposed recommends a 50% increase from $3.00 to $4.50. Staff has not modified the ordinance to incorporate that change. At its meeting of September 13, 2010, the Downtown Development Authority considered this item and recommended approval. The Board felt that there was some clarification needed on five foot versus six foot and that change was acknowledged as a mistake and has been changed in the current ordinance. At its meeting of September 20, 2010, the Planning and Zoning Board recommended approval with a 7 to 0 vote with conditions that (1) markers be placed that are both permanent and visible to mark a 5-foot wide area referred to in the ordinance and, (2) that staff is to advise applicants to provide public safety measures as part of their application. Staff recommends approval of the ordinance with the fee increase reflecting a 50% increase from $3.00 to $4.50 a square foot rather than changes as indicated by the Planning and Zoning Board. Mr. Eliopoulos asked if the DDA wanted it to be a five foot area as opposed to six. Mr. Dorling stated the ordinance that came before them had a six foot clearance; it was supposed to be five and they raised that issue and staff changed it. Mr. Eliopoulos stated one of the things that we ran into a year ago was how Cut 32 had a cafe but also had a structure and noted that the difference between their structure versus other structures is it was within their property line and there was one particular restaurant owner on A-1-A that talked about it needs to be a removable structure. Mr. Eliopoulos stated there are several restaurants and the Commission needs to make sure that we have clear understanding of sidewalk cafe ordinances and restaurants that have this but there are some that have covered areas. For example, Sazio's has a permanent structure that is not removable. Mr. Dorling stated each facility is a structure and in the case of the restaurant owner on A-1-A it is on his property line just like Cut 32 was and is less permanent than Cut 32. However, Mr. Dorling stated the position the City has always taken on sidewalk cafes is that the area in front of the building whether it be private or public is considered a sidewalk cafe and does not have to provide parking pursuant to the regular LDR requirements but is allowed to utilize the reduced numbers that you get with sidewalk cafes subject to the restrictions and the requirements of the sidewalk cafe ordinance. Mr. Eliopoulos expressed concern over safety and having seats sitting up on a curb and suggested that if the seating is going to be placed close to the curbs there should be a two feet buffer from the curb. Mr. Dorling stated staff can do this if that is the desire of the Commission. Mr. Dorling stated there is language in the original ordinance that deals with that issue but it does not talk about the 2 foot buffer. Mr. Dorling stated The 34 10/OS/10 Office restaurant made the argument that they could not put the tables and chairs against the building because of the design and therefore they should be allowed to have this. Mr. Dorling stated there are some isolated incidences between 5th and 6th where on the sidewalk on the south side where it is constrained there are some tables that are right on the edge of the street because that is their only option for a couple of those cafes. The City Manager stated if they are on a sidewalk adjacent to parallel parking the parking provides the protection; however, if it is adjacent right next to a travel lane then that is an issue. Mrs. Gray concurs with comments expressed by Mr. Eliopoulos. Mrs. Gray stated she would like to look into the 2 foot buffer option and feels the Commission needs to find a solution for this. Mr. Frankel made reference to (F)(2) of the ordinance where it states: "The sidewalk cafe shall not be established adjacent to a travel lane or on-street parking unless there is no ability to establish a sidewalk cafe adjacent to the storefront, in which case a sidewalk cafe may be located adjacent to a traffic lane or street parking as long as a five foot clear pedestrian path is provided." Mr. Frankel stated The Office does have a sidewalk cafe adjacent to the storefront. Mr. Frankel stated not only are there dogs but there are strollers and families that are going through tables, patrons at the bar, and waiters with hot coffee trying to serve people. Mr. Frankel commented about this being the gateway to Pineapple Grove and you can only walk to the gateway on one side of the street because the other side of the street is a maze. Mr. Frankel commented on the penalties and violations and stated it should be specified in the ordinance whose duty it is to be the enforcement operation. Lula Butler, Director of Community Improvement, stated Code Enforcement does the enforcement during the business day and the Clean and Safe staff handles it during the evening hours. Mayor McDuffie concurs that safety is an issue and agrees with the two foot setback as well. The City Manager noted a correction to page five (F)(11) of the ordinance and stated the word "services" should read "surfaces". Mayor McDuffie stated he noticed while walking the Avenue where there are paver sidewalks the roots of trees are beginning to lift the paver bricks up and getting to be a tripping hazard. It was the consensus of the Commission to table this item to October 19, 2010. At this point, the time being 8:13 p.m., the Commission moved to Item 13, Comments and Inquiries on Non-Agenda Items from the City Manager, the City Attorney, and the City Commission. 35 10/OS/10 13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS. 13.A. City Manager The City Manager stated with regard to a concern Commissioner Eliopoulos expressed about the FPL Agreement for the Atlantic Plaza, FPL wants the City to provide an exclusive easement within the right-of--way and that exclusive easement would require the City to pay for any work that FPL incurs for moving those facilities to a later date. The City Manager stated that is something the City feels they should not accept. Secondly, the City Manager stated the City has interviewed three Labor Counsel Firms and staff will be making a recommendation next week and noted that this will be a special meeting item at the Workshop meeting of October 12, 2010. The City Manager stated the City has looked into further possibility of re- routing the shuttle to serve putt-putt golf. He stated this does not seem to work unless the City had the third bus. The City Manager stated when the City had the third route you could do this without causing problems. The City Manager stated Commissioner Gray had asked about the Seacrest Soccer Complex Maintenance Agreement with the Delray Beach Athletic Club for the maintenance of the soccer fields and staff expects to have that for discussion at the Workshop meeting of October 12, 2010. The City Manager stated Commissioner Gray also asked about bus shelter locations and he distributed a list to the Commission of the locations where the new bus shelters will be installed. The City Manager noted there is a new administrative person with the Palm Beach County Legislative Delegation, Rachael Ondrus. The City Manager stated they had a presentation by Chris Garretson concerning extending a quarter of a mill tax that the School District has been levying since 1981. The Legislature changed the law and that has to be approved by referendum on this upcoming ballot. If it is not approved, the School District will lose $181,000,000.00 and they would have to cut out of existing programs. The City Manager stated staff will get more background information and have a resolution for the Commission's consideration on the City Commission meeting of October 19, 2010 to support extending that. The City Manager stated Commissioner Allie Biggs from Pahokee was appointed to the Advisory Boundary Committee with the county and Mike Dahlgren from Atlantis was appointed to the Water Resources Task Force. The City Manager stated there is still work being done on the lobbyist registration and they are working with the County, the Ethics Commission, and the Inspector General to try and get all that worked out. Mayor McDuffie stated they had a meeting with the Inspector General and the head of the Ethics Commission with them where they discussed the electronic signatures rather 36 10/OS/10 than the hard copy signatures that was being asked for by the County and both of them agreed that if there was a way to work that it then they would support it. The City Manager stated Spady (EPOCH) had given the City a grant request in May to complete their project ($1.2 million). He stated they asked last week about possibly getting help for the amphitheatre. The City Manager stated they have $250,000.00 from the County as the Parks and Recreation Bond Issue that they are going to lose if they do not come up with some way to get part of this project done. The City Manager stated the other issue is the amphitheatre itself did not have any bathrooms and the bathrooms were to be in the administrative building. Mrs. Gray stated she spoke to Commissioner Taylor about this and they have been instrumental in asking the Community Redevelopment Agency (CRA) to help so that they do not lose their funding. Mrs. Gray suggested that the Commission partner with the CRA on this. Lastly, the City Manager stated he and Mayor McDuffie attended the Providencia Awards where the Palm Beach County Convention and Visitors Business Bureau gave the 2010 award to the Delray Beach International Tennis Championships for their contribution to tourism in Palm Beach County. The City Manager stated this is something to be proud of and Mr. Mark Baron was very complimentary of the City's part in this whole project. 13.B. City Attorney The City Attorney had no comments or inquiries on non-agenda items. 13.C. City Commission 13.C.1. Mr. Frankel Mr. Frankel stated he just returned from a conference where the Pension Trustee for West Palm Beach congratulated the City of Delray Beach for receiving the 2010 Providencia Award. Mr. Frankel stated it was announced that Andy Roddick is playing in the tournament this year and feels this will help to bring additional people to the city. The City Manager stated Mr. Baron's goal is to increase attendance from 40,000 to 60,000. 13.C.2. Mrs. Gray Mrs. Gray thanked the Auburn Group for their report and commended them for fulfilling their oral commitment to the City Secondly, Mrs. Gray stated two weeks ago she was at the Tri-Rail Station with her grandson and she was approached by panhandlers. She asked if we have some signage that could be erected there because she witnessed these panhandlers approach everyone. 37 10/OS/10 Mrs. Gray stated she had a meeting with the Delray Rocks parents and coaches after the City Commission meeting where the Commission had decided not to renew the Booster Club's contract and the parents wanted to try to understand what was going on. Mrs. Gray stated they are clear on the responsibilities of the Booster Club and the City's responsibilities but they still want accountability about what happened to the dollars. Mrs. Gray stated if they cannot come up with the dollars they would like the individual(s) to be prosecuted and she wants to honor the parents by making sure that we find out what happened to the dollars and they are requesting to see bank statements. Lastly, Mrs. Gray stated she attended the Chamber of Commerce Gala and she along with others was very upset about the video that was done. Mrs. Gray stated she has received several telephone calls about the platform and noted that if you are an elected official and you do not attend the Gala your picture will not go up. 13.C.3. Mr. Eliopoulos NIr. Eliopoulos apologized to Mrs. Gray if she felt offended by the video. Secondly, Mr. Eliopoulos asked the City Manager to look into what the situation is with the Delray Beach Historical Society. NIr. Eliopoulos stated he attended the Downtown Marketing Cooperative (DMC) meeting and NIr. Barcinski did a great job. Mr. Eliopoulos stated the DMC and the Downtown Development Authority (DDA) are still going on different paths and yet are still going after the same funding. Mr. Barcinski brought up a great point that he felt that the DDA should not be targeting the funding people that have always been sponsoring the DMC and/or City type events. Mr. Eliopoulos stated he will attend the DDA meeting on Monday, October 11, 2010. NIr. Eliopoulos stated he attended the Community Land Trust (CLT) meeting and one of their Board members who are involved in Habitat for Humanity stepped down because Habitat is going to be starting their own CLT here. NIr. Eliopoulos stated he and Commissioner Gray attended the Police Department's presentation at the library for the neighborhood associations. NIr. Eliopoulos commented about the article on the press conference regarding Ralph Phillips and Vinnie Gray and feels the Commission should know why they were suspended. The City Attorney stated he will speak to the Commission individually on this issue and asked that there be no further comments until the Police Department has finished their investigation. NIr. Eliopoulos stated the Commission is receiving emails that the Ralph Buick site should be cleaned up. 38 10/OS/10 Lastly, Mr. Eliopoulos commented on New Century Courtyards and stated he had appealed that decision but it was more to the point of when the economy was really booming and the definition of a mixed-use project was amixed-use project and it was all in one building. Mr. Eliopoulos stated times are slower now and there are times when you get creative but he feels it is important that we establish the bar because as the economy gets busy that becomes the measuring stick and/or sets a precedent. The City Manager stated this has been done before which is part of the problem and he agrees with Mr. Eliopoulos that it is not a true mixed use; however, the City Manager stated he would leave this to the City Attorney to advise staff on how to proceed and staff also needs direction from the Commission as well. 13.C.4. Mr. Fetzer Mr. Fetzer had no comments or inquiries on non-agenda items. 13.C.5. Mayor McDuffie Mayor McDuffie stated he had the opportunity to go to the first service of the Avenue Church and they have established a "plant church" and it was filled to capacity. Secondly, Mayor McDuffie stated he attended Seacrest Presbyterian for the Opening of the Alzheimer's Community Care Center and this is a daycare center for Alzheimer's patients and is a tremendous addition to the community. Mayor McDuffie stated the Principal's Breakfast was very well attended and the Superintendent came and spoke. Mayor McDuffie stated immediately after the breakfast he went to West Palm Beach to meet C. Ron Allen and another group of people for an Empowering Youth Stealth Learning Presentation. Mayor McDuffie stated he was also at the Providencia Awards presentation and there were approximately 600 people in attendance and many events in this County that we competed against. He feels it is a tremendous testimony to the work Mr. Baron has done in putting on the tennis tournament and they have some great ideas in making it better this year. Mayor McDuffie commented on the Heart walk in West Palm Beach. Mayor McDuffie stated he attended a Workforce Alliance meeting trying to stimulate some of the economy out in the Glades area but they also work with our community and they work very hard to employ young people. He stated Habitat for Humanity had a fundraiser for World Day at the Sundy House last night and it was well attended. 39 10/OS/10 Mayor McDuffie stated at lunchtime he ran into Shannon LaRocque and she stated we need to expeditiously spend the $2 million that is dedicated to infrastructure on 12m. He stated there is a time limit on the $2 million and we cannot afford to lose that. Lastly, Mayor McDuffie commented on the Delray Beach Historical Society and stated they were potentially going to shut down as of November 1st However, there has been some dialogue amongst some other organizations that will hopefully save a part of it if we cannot hold on to all of it. There being no further business, Mayor McDuffie declared the meeting adjourned at 8:43 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 October 5, 2010, which Minutes were formally approved and adopted by the City Commission on City Clerk NOTE TO READER: If the Minutes you have received are not completed as indicated above, this means they are not the official Minutes of the City Commission. They will become the official Minutes only after review and approval which may involve some amendments, additions or deletions as set forth above. 40 10/OS/10 WHEREAS, city government is the goverment closest to most citizens, and the one with the most direct daily impact upon its residents; and WHEREAS, city government is administered for and by its citizens, and is dependent upon public commitment to and understanding of its many responsibilities; and WHEREAS, city government officials and employees share the responsibility to pass along their understanding of public services and their benefits; and WHEREAS, Florida City Government Week is a very important time to recognize the important role plated by city government in our lives; and WHEREAS, this week offers an important opport~mity to spread the ward to all the citizens of Florida that they can shape and influence this branch of government which is closest to the people; and WHEREAS, the Florida League of Cities and its member cities have joined together to teach students and other citizens about municipal government through a variety of different projects and inforniation; and WHEREAS, Florida City Government Week offers an important opport~mity to convey to all the citizens of Florida that they can shape and influence government through their civic involvement. NOW, THEREFORE, I, NELSON S. McDUFFIE, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission do hereby proclaim the week of October 17 - 23, 2010 as: FLORIDA CITY GOVERNMENT WEEK in the City of Delray Beach, Florida, and encourage all citizens, city government officials and employes to do everything possible to ensure that this week is recognized and celebrated accordingly, and to encourage educational partnerships between city government and schools. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Official Seal of the City of Delray Beach, Florida, to be affixed this 19`" day of October, 2010. Nelson S. McDuffie MAYOR WHEREAS, tooth decay remains the most common chronic childhood infectious disease and is almost entirely preventable. Caused by a bacterial infection in the mouth, this infection can spread to other parts of the body if left untreated; and WHEREAS, the mouth is the major entry point to the rest of the body; if the mouth is not healthy the rest of the body will be compromised. The effects of poor oral health on the body are associated with heart disease, diabetes, lung disease and the delivery of pre-term and low birth babies; and WHEREAS, we have a variety of common-sense solutions to the problem of tooth decay. Sy working with our schools to offer dental screenings and treatment services on site, as well as promoting the appropriate use of fluorides such as, fluoride varnishes combined with dental sealants , up to 90% of dental cavities can be prevented; and WHEREAS, access to oral health care at present is quite limited for many and by maximizing the use of all dental professionals to meet preventive and restorative oral health needs, the Florida Public Health Institute and local Oral Health Coalition believe that we can keep Floridians healthy by eliminating dental diseases before it starts; and WHEREAS, the Governor of the State of Florida has designated October as Dental Hygiene Awareness Month and efforts to call attention to the importance of good oral health will be highlighted with activities by our local Oral Health Coalition and the Florida Public Health Institute on Wednesday, October 27, 2010. NOW, THEREFORE, I, NELSON S. MCDUFFIE, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission, do hereby proclaim October 27, 2010 as: in the City of Delray Beach, and urge all citizens to promote high quality and timely preventive and restorative healthcare services for all our residents. 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 19th day of October, 2010. NELSON S. MCDUFFIE MAYOR WHEREAS, the City of Delray Beach recognizes the power of family literacy and the importance of children and parents reading and learning together; and WHEREAS, family literacy activities throughout the year are beneficial to all ages and encourage life long learning opportunities; and WHEREAS, community leaders, educators, policy makers, businesses, parents, and volunteers are encouraged to work together to raise awareness of family literacy and ensure that all children and adults have a fair, equal, and significant opportunity to learn; and WHEREAS, The City of Delray Beach is proud to promote literacy in the month of November as part of the Countywide Families Reading Together program and in support of the Mayor's Literacy Partnership, entitled "Delray Beach.... Get Caught Reading", and WHEREAS, Delray Beach is a place where everyone is encouraged to read and literacy is a core value in the community. NOW, THEREFORE, I NELSON S. McDUFFIE, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission and the Citizens of Delray Beach, do hereby proclaim November 2010 as: ~~lra~ I~~a~h ~'amili~~ l~,~adin~ `To~~th~r I~Ionth 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 19th day of October 2010. NELSONS. McDUFFIE MAYOR MEMORANDUM TO: Mayor and City Commissioners FROM: CANDI N. JEFFERSON, SENIOR PLANNER PAUL DORLING, AICP, DIRECTOR OF PLANNING AND ZONING THROUGH: CITY MANAGER DATE: October 14, 2010 SUBJECT: AGENDA ITEM 8.A. -REGULAR COMMISSION MEETING OF OCTOBER 19, 2010 REQUEST FOR SIDEWALK DEFERRAL/ 510 SEASAGE DRIVE ITEM BEFORE COMMISSION The item before the City Commission is the approval of a sidewalk deferral for the property at 510 Seasage Drive. BACKGROUND The subject property is 0.32 acres of vacant land. It lies within the Seagate Overlay District and is located on the west side of Seasage Drive, south of Bucida Road at 510 Seasage Drive. The property is zoned Single Family Residential (R-1-AAA) and the applicant proposes to construct a new two-story single family residence. The owner wishes to defer construction of a five foot (5') sidewalk adjacent to the right-of-way. No other sidewalks exist on the west side of Seasage Drive. At its meeting of September 9, 2010, the DSMG supported the sidewalk deferral. Pursuant to the agreement, the owner will construct the sidewalk along Seasage Drive at its sole cost and expense at a later date, after being requested to do so by the City. The agreement has been reviewed by the City Attorney and has been approved as to form. RECOMMENDATION Move approval of the agreement to defer construction of the sidewalk along Seasage Drive for the property located at 510 Seasage Drive. Pi°epared }3y: RETURN TO: R. Brian Shutt, Esq. ~~~~ City Attoimey's OFfice 200 N.W. 1st Avenue Delray Beach, Florida 33444 AG>~~EM~NT I'®iZ SII~Ei~AI,I~ IIVII'12~V~+ IV1EI~1'1'~ THIS AGREEMENT entered into this 27 day of August, 2010, between the City of Delray Beach (hereinafter the City) and X00 Seas~ge I~L,C (hereinafter the Owners), far the purpose of waiving the requirement of the installation of a sidewallc along 510 Seasage Drive until such tinge as the City requests the construction of the sidewallc by the Owner. WHEREAS, Land Development Regulation section 6.1.3(C) requires the installation of a sidewallc, within the 51.0 Se~s~ge Drive right-of-way/easement immediately abutting the subject property, by the Owner prior to the issuance of a certificate of occupancy; and, WHEREAS, the Owners have requested a waiver from the requirement of the i~~lstallation of a sidewallc pursuant to Land Development Regulation section 6.1.3(D)(1)(b), ancl, WHEREAS, in order to provide conformity along the street the City Commission voted to waive the requirement for the installation of a sidewalk until such time as the City requests the Owner construct the sidewalk. WITNE~SETH .r, - NOW, THEREFORE, in witness of the above and in consideration of the City agreeing to waive the requirement for the installation of a sidewallc, at this time, for the property located at: 510 Seasage Di~~ive 1. The Owner agrees to construct a sidewalk, at its sole cost and expense, along the 510 Seasage Drive ~•~ight-of-way/easement abutting the subject property, within a time period that is acceptable to tl~e City, after I7cing requested to do so Icy the City. The sidewalk, when constructed, shall meet all of the current ordinances of tike City of Delray Beach. 2. It is the intent of the parties that this Agreement shall run with the land. This Ag~•eenlent shall be recorded in tl7e public records of Pah7i Beach County, Florida and shall be binding on the parties legal representatives, heirs, successors anti assigt~ls. IN WITNESS WHEREOF, the parties to this agreement set their hands and seals this day of , 200 . ATTEST: CITY OF DELRAY BEACH, FLORIDA By: City Clerk Mayor Approved as to form and sufficiency: City Attorney WITNESSES: OWNER: By~,- _~. (Please type or print name) (Please type or print name) (Please type or print name) 2 ST~T>~ ~>~ ~m.~;~."~. ~~ m ~ ~. .~, _ ~~~ ,~~~ ~~,... _.. The foregoing instrument was acknowledged before me this ~ day of ..~ , 20~D 9 by ~"~ __.~ ~.~~ _ _- `_ (dame of person acknowledging). ~. m - ,~ ~ ~. i d ~~ wi ~ ~ u a m.. ignatur N tart' Public -State of Florida ;„ ~.~.; 1. ~ - - --,~ , ~,~ Print, Type, or Stamp Commissioned Name ~rc~~o ~„ of Notary Public ~~~ Pe T~ rseonafl~lKt7,p~vn ~- OR Produced Identification yp ~ entification Produced: s~ ~u~~ Notary I-''r~~dic Stag; of F~Irarrds m Mirf~al~ M Williams ~ My Commission DC1~7~1e : ~g V~ j ua ww~'m~ ~, rc;s Q~/Qfrl2o14 ~-~II1 ~L ~ 3 Z I H~-~~d S 3l~ O r Q-~I ~dH ~ ICI _ _ _ ~ - ~ £8bEE VaRIOl3 `HOtl~B Ab'tI'I3Q ~~ a a r = ~ ~ 'c.= ~ b01#HILV9AV H.Lt'3n 581 ~ & ~ ~ ¢ ~ ^ = ~ °~ ~,~. e w S2IHQ'[Iflfi H4ISb'3S ® ~ _I y 5 ~ ^ ^ u ~ r', vORIO'I3 `H0V8II .iV2I'iH0 a ~ _ ~ § ~ ~ o v ~ ~ ~ ~ <o> ~ HARIO dDtlS tl'7S 01s ~ ~ ' o ~ "z ~ 'n 'G '6 '6 - _ __- ° ~ 0 0 0 ' - r ~ ~ ~ a Q H ,. 3~9 w' ~P~ A ~~~~ ~g~ ~~~~ I-a 5~~~ _~ ZL'£+ N0I1V,1313 2J3 HSVM ONV IIVN d~ 1 ~N 2iVW H0N39 Q 3 A b d Q i ~nl~a ~~~s ~3s ~ ~ o 2J0H~NN ~ 0 ~ 11M 3l0d 00 00 U N [' O ----------------- - -- ---------- m Q ~ ~ j t~i~ '~ h ' aaw °~~~ ~i - a~w .a z o~ ~' I o j Y Z U ~) ~r ~ tt 0 I^ ~ ~+ Oh ~~ _U~ Ca0 O U~..VI ~' Z 1- JC OYp ~ (] W UUZ J .~ -~ ,0' l o 0 11 a ° j ~. ~ $~ i ,~ e --- - - II O ~ O 0 I I ,` ~g j z w 7~ j k ~~ I ® j ~ I~ I~ 0 I I ~ ~ ~ ~ I ~ I I I I ~ I ~ ~ w I ____________ i I Y ~ ~~ I ~ j ~+ - ° ~a i ~ m x~ I u I ~'° t i ~ j zo ~ Nj I L I J W f- ~ _ O ~ e~ p Witl0135 Nldn' ,2 J ~g ~~ 5 L ~I 0018 t~ 5 10~ MEMORANDUM TO: Mayor and City Commissioners FROM: CANDI N. JEFFERSON, SENIOR PLANNER PAUL DORLING, AICP, DIRECTOR OF PLANNING AND ZONING THROUGH: CITY MANAGER DATE: October 14, 2010 SUBJECT: AGENDA ITEM 8.B. -REGULAR COMMISSION MEETING OF OCTOBER 19, 2010 REQUEST FOR SIDEWALK DEFERRAL/ 928 SEASAGE DRIVE ITEM BEFORE COMMISSION The item before the City Commission is the approval of a sidewalk deferral for the property at 928 Seasage Drive. BACKGROUND The subject property is 0.34 acres and contains an existing single family residence. It lies within the Seagate Overlay District and is located on the west side of Seasage Drive, south of Azalea Road at 928 Seasage Drive. The property is zoned Single Family Residential (R-1-AAA) and the applicant proposes to demolish the existing home and construct a new single family residence. The owner wishes to defer construction of a five foot (5') sidewalk adjacent to the right-of-way. No other sidewalks exist on the west side of Seasage Drive. At its meeting of September 9, 2010, the DSMG supported the sidewalk deferral. Pursuant to the agreement, the owner will construct the sidewalk along Seasage Drive at its sole cost and expense at a later date, after being requested to do so by the City. The agreement has been reviewed by the City Attorney and has been approved as to form. RECOMMENDATION Move approval of the agreement to defer construction of the sidewalk along Seasage Drive for the property located at 928 Seasage Drive. Prepared By: RETURN TO: R. Brian Shutt, Esq. City Attorney's Office 200 N.W. Ist Avenue Delray Beach, Florida 33444 AGRE~NIE1~'d' FDIi SIDEWAL,I~ II~IPR~VElV~E1V"I'S THIS AGREEMEl`~T entered into this day of 20_, between the City of Dch°ay Beach (he~•einafter the City) and PAUL AI'~D ~IALERIE STREET (hereinafter the Owners), for the purpose of waiving the requirement of the installation of a sidewalk along 928 SEASAGE DRIVE until such time as the City requests the construction of the sidewalk by the Owner. WHEREAS, Land Development Regulation Section 6.1,3(C) requires the installation of a sidewalk, within the SEASAGE DRIVE rightmaf way immediately abutting the subject property, by the Owner prior to the issuance of a certificate of occupancy; and., WHEREAS, the Owners have requested. a waiver from the requirement of the installation of a sidewalk pursuant to Land Development Regulation Section 6,1.3(D)(1)(b); and, WHEREAS, in order to provide conf`ormiry along the street the City Commission voted to waive the requirement for the installation of a sidewalk until such time as the City requests the Owner construct the sidewalk. Page 1 of 3 WITNE~~ETH NOW, THEREFORE, in witness of the above and in consideration of the City agreeing to waive t17e requirement for the installation of a sidewalk, at this time, for the property located at: 92~ ~EA~AGE DRI~IE LOT S BLOCK 5 SEAGATE EXTENSION 1. The Owner agrees to construct a sidewalk, at its sale cost and expense, along the ~EA~AGE DRIVE right-af--way abutting the subject property, within a time period that is acceptable to tine City, after being requested to do sa by the City. The sidewalk, when constructed, shall meet all. of the current ordinances of the City of Delray Beach. 2. It is the intent of the parties that this Agreement shall run with. the land. This Agreement shall be recorded in the public records of Palm Beach County, Florida and shall. be binding on the parties legal representatives, heirs, successors and assigns. IN WITNE~~ WHEREOF, the parties to this agreement set their hands and seals this day of , 20 ATTEST: City Clerk CITY OF DELRAY BEACH, FLORIDA By: Approved as to form anal sufficiency: City Attorney WITNES~E~: T/Iayor OWNER: Page 2 of 3 (~ 1 b -- --- -, y a"' ~"~ ~( (Please typd or print name) ,~ (Please type'or print name) STATE OF FLORIDA COUNTY OF PALM BEACH ~ '~ ~v k w 4 ~ / ~i By 1._,. i ~ ~e E' BEFORE ME personally appeared PAUL AND VALERIE STREET who [are] ~"sona~lµ~I~iow~r~to me or [have] produced [and respectively] as identification, and who executed the fore~oin~ instrument, and acl~nowledged before me that [they] executed said instrument far the purposes expi°essed therein. WITNESS my hand and official seal this 14 day of OCTOBER, 2010. My commission expires: ~ ~ ~~ Notary Public (signature) (Seal) :"° ,~ ~R~rtl-a ~, l~ic~lli "Ct~~ar~issiara 1~1:7851~3 "' .,..fait°e~: ~.. "~~, ~Q~ ,~at~ a i~tttu na°r.nra°'rtc rara~sr~c~~a t;o,, ~~. agt/sidewalk deferral agreement Prsge 3 of'3 Y ~g tves~,'?4~k S~~a8~~~ ~$¢ I ! ~ v ~ Y ~' '~ ` : u - v J v I ry ia Qm.lono9~ yti I~~c Is ~ mavarcxr~ai~rraa ~ _ ~ W e ~: ~ 14 J s ~tF~~ ~ fi^8 ~ ~~~^e C ~~~~~ ~ S !~~ ys E z > ~~ ~ y y 6 R'3~ ~~s a~~yg~ ^~' ~~n~ u g~ ~ # ~ ~ ~ ~~ m ~ ~ ~ ~ ~ ~ ~ y: a ~l~~~Y.. F z P H 4 u .~ w a m 4 U ~. i o~ r w w a 0 a c~i a [! ~ I I !3'I~~1l1! {`I ~~ li. (~':9?i'~;! "Ql2{O'1~1'H~V38AY2t'f3Q _ .,., l=iii;lil: ® 3~~3QIS3233. 3~I.~5 .. ~ .' ~~~~ ~ C '~. rte, .. ~ i ~ • ~ ~, F ~ i 1 !* ~~~ e l rr.. ~ ~ ... .. 1 `.n 'f n; '.. y I j/~t~ Y ~' ..~ 1 ~. .• ~~ ~; ~~, ~ ~ , ~ .. ~~ ,~A~ ~. ~ y ~, ~ fi ~ ~ ~ ~- ~, ~~ RI p ,/ tea. JJ ~ ~+.~~fC{7,L~, ~~~ [~; ~~ ~~ i,~„ ,/ ~iiii. ~,~< ~I t f~.J1 ~~ ~ "ru` ~ ~~ ~ 7di f~ i ~ J', ~, l V a ~A ~ .. .,.... Y "" ~~' r k ~~~ .W~ 1111111 ' y ` a,Y~ r ~? ~ '~.i: ~4 -~~~ ~~ u '' ~ ~, { y !III° ;~~ ^ 4 ~ ~ ~~ ~ ra ~ ~', ~; ~ /~,„, _~ ~' , i , ,.,,,.~',~,. ~t ~r~r ~~ ~ t ,~ s ,,; ~.~~, ~ v `'~ ~,~ ~ .,. `! ~,- -, . ~~ ~ ~~ ~, ~~~, ,, ~ ' r~ ~>- ~J 7M ~~` _ 1~~~, ~ 1, ,. t ~~~~~ a i ~~~ ~ , ~ ~~ ~" S r ~r~ ~~ "~'~ ~~ ~~~ z " ~. r~ ,I,~ .~ ~ ~Y; N 928 SEA~AGE DRIVE ,~; ~~~~~ PLANN~ PARTMEN ONING AERIAL MAP ,~;;;; -- OrGlTitl 84S£ ANP SYSTEMS -- U:\AutoC.AD\Doug Smith\g28 5sasapa Dfir4Aeriol MEMORANDUM TO: Mayor and City Commissioners FROM: CANDI N. JEFFERSON, SENIOR PLANNER PAUL DORLING, AICP, DIRECTOR OF PLANNING AND ZONING THROUGH: CITY MANAGER DATE: October 14, 2010 SUBJECT: AGENDA ITEM 8.C. -REGULAR COMMISSION MEETING OF OCTOBER 19, 2010 REQUEST FOR SIDEWALK DEFERRAL/ 1126 ISLAND DRIVE ITEM BEFORE COMMISSION The item before the City Commission is the approval of a sidewalk deferral for the property at 1126 Island Drive. BACKGROUND The subject property is 0.29 acres and contains an existing single family residence. It lies within the North Beach Overlay District and is located on the Intracoastal Waterway (ICWW) inlet loop on the south side of Island Drive, west of Andrews Avenue at 1126 Island Drive. The property is zoned Single Family Residential (R-1-AA) and the applicant proposes to demolish the existing one-story single family residence and construct a new two- story single family residence with a pool. The owner wishes to defer construction of a five foot (5') sidewalk adjacent to the right-of-way. No other sidewalks exist on the south side of Island Drive. At its meeting of September 30, 2010, the DSMG supported the sidewalk deferral. Pursuant to the agreement, the owner will construct the sidewalk along Island Drive at its sole cost and expense at a later date, after being requested to do so by the City. The agreement has been reviewed by the City Attorney and has been approved as to form. RECOMMENDATION Move approval of the agreement to defer construction of the sidewalk along Island Drive for the property located at 1126 Island Drive. Pc•el~aa•e~l 13~; 1~1TtJ~'.1~1 T~:: l~. Bri~i~~ S11urt, Z; ~q. ~i~}^ ,~rrcrraiey"s C3C'tAC~ 2001~Y.~V. Est AvetLU ~relra l~e~~h, ~lcrricla 3344 "1"I-11 A.GRE~~//I1T e'xtea-~~ irlfio kl~i~ 2~'~`~ clay oaf J~a.ly ~~11 ~, l~c:twe~r~ the pity cif L:~lr~ay ~eaeh (fltereir~~t`ter• the ~;ity~ and iAe~,a~°y I1~fiNfiir~ (l~er'ellr'raficr• the Crwraers}, for: fi1-ae laurlaose of ~aagvin ilae requirera7erri of the irasfiallatorr of a sidewalk along 11.2 Isltt~ ~w-l~e ~.Nni1 suel~r tira~re as fibs pity rec~aaests tyre eorYSirtirciion ofihe sidewaIl~ by tike ~wraer.. ''~I~It~A', l~raxrd Develolar~rrerai l~e~ulaticrrr eciiorl G.1.3(~) requires ills installation of~r sidewall~, wiihirr fibs fl 1~ ~i~~s~ l~~°le r•i,~hfi~+~l=way/ease~~eni iraarxrediately alarritir- the sula~jieet ~arcala~;riy, lay ilre Owner' ~arior fio the issuance of a ceriifrcafie caf oecu~aancy and, 1~If IRI~.A, ilae (~rrers have requested a waiver: fi"orn fibs requirerrrerri of t17e insiallatiort of a siclewallc paursrr~rni tca La~:rrcl l~evelcalarrrerri Rerala~ivorti ectiorr C~. l.3(I~}~l }(lr); arid, 'VJIt~~~A', ira order- to provide conforrraaty along fibs street tlae C"uty C'araaaaaissiora voted. fica v;~aive the requir'eri7ent for the insfiallatiorr of a sidewall~ uniul such. fiirlae as the pity r°egr~ests filne C-wnea° ccrnsfii~aci the sidewalk. V~i`1T~C`fiG-1 1'~~'', TH1~R1~FCa~, ire witr-~ess cr~the al~rave: ~rr~cl ire ce~r~rsderatir~rr crt'tl-neCity a~r'eeir~ tee waive the r•eclr~ir-er~nent ttar• the aa~stallatiaa~ e~• a si~lewal6c, at this tirr~e, lei the ~t•~,laer-ty lc~eated at;: ] 1 Isla ~°~ve 1. °Tl~e ~wrrer• a~~ees to e~,r~str•~rct ~ siclewa11~9 rrt its sc~1e c~rst arrcl e~.l~ea~se, alr~r~~; the 1.1 Ils1~~xc~ M~a°v right-~f-wad/easer~~rer~t ala~.rttir~~ the sr:ib~eet err°c~~er•ty, ~vithiL~ a tirn~ ~er-i~ad tl'iat is aceel~talale to t1-rc City, ratter- l~ci~-r~ re~~este~l try dcr srr hY the +~"ity. Thc: siclev~allc, wlu~w7 e~,azstra:ar;ted, ~ha11 rx~eet all c~fthe crarrer7t c~rclirrances ~~ tyre City c~telray T3eae1~. 2. It is the irrtea~t a~f~ the ~~arties that this reera•rerrt shall rrarr witl-a the lar•r~. This ~~recrr~rerrt shall. he reeor-ded ia~ tl~e ~a.~blie ~°ec~ar~is r l~alrra C~eac~a. Ca~~raty, 1~"lc~r~i~la a:~~aci shall he t~inclin cara tl~ae l~ar-ties lc;al rel~reserrtatves, 1•reirs, ~azccess~rs ar7~l assi~r7s. [B`J 11w~`1"fl'~ES 'Vw/H>/l~~G~F, the parties to this a~r-eer~rer~rt set their hran~cls ravel seals tl-ris clay ~f ATT>~ T: City Clea-lc Al~rovecl as tai tarr7~ arrel sufcierrey; City A.tterr~ey V+TTT1~iE~E; (P`lease type rc~a-1~a•irrt r~rarrre) ~l~lease tylae or t7r-nt a1ar71e~ 2~0_. Cl"C' C~l~ DE~;1A'Y l~,A.C:H, Fl~^~l~lt~A. ley; ~`laycrr~ . , ~.;. .~...~.. ~y: ~~~~ ~ .~ ~~~~ ..~ _ , ~, (P'l~.ase- ype~ar ~a°~rat ra~'~~e) 2 gg ,,., d ~~ ~' .~" ~ ~~i,drM~ V ~ ,,.„,fir ,,..,.. ,, ~ ,. 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'~ x, .f_ N 1126 ISLAND DRIVE PLANN~ PARTMEN ONING AERIAL MAP ,~;;;; -- OrGlTi11 84S£ ANP SYSTEMS -- U:\AutoCAd\Doug Smith\1126 Idand Driwe~eeial MEMORANDUM TO: Mayor and City Commissioners FROM: Richard C. Hasko, P.E., Environmental Services Director THROUGH: David T. Harden, City Manager DATE: October 12, 2010 SUBJECT: AGENDA ITEM 8.D. -REGULAR COMMISSION MEETING OF OCTOBER 19, 2010 PROJECT AGREEMENT/F.LN.D./MANGROVEPRRK BOAT RAMP ITEM BEFORE COMMISSION This item is a request for Commission approval of a grant agreement with the Florida Inland Navigation District in the amount of $85,740 to provide funding for reconstruction of the Mangrove Park boat ramp. BACKGROUND Subsequent to completion of Mangrove Park in 2007, the City began receiving complaints concerning the steep slope of the boat ramps at the park. As a result of the steeper than normal slopes, the new ramps are not being utilized by the local boating community. In attempting to resolve the issue, staff went through several iterations of redesign to lessen the ramp slopes, finally arriving at a plan which included a dual slope configuration, allowing launching vehicles to remain on a slighter slope while trailers would ride a somewhat steeper slope to assist with flotation and launching/retrieving activities. Due to budgetary constraints, Commission directed staff to pursue grant funding to provide construction dollars for the project. Subsequently, staff made applications for grants from FIND in the amount of $87,500, and from the Florida Fish and Wildlife Conservation Commission (FWC) in the amount of $102,500 for a total of $190,000 estimated construction cost. The FWC grant is due to be considered on October 28, 2010. The FIND grant has been awarded in an amount of $85,740 based on available grant funding. The FIND grant agreement is attached for consideration. RECOMMENDATION Staff recommends approval of the grant agreement with FIND in the amount of $85,740 for funding of the Mangrove Park Boat Ramp reconstruction. FLORIDA INLAND NAVIGATION DISTRICT PROJ1aJCT AGREEMENT PROJECT NO. PB-DB-10-144 This PROJECT AGREEMENT made and entered into this day of 20 by and between the Florida Inland Navigation District (hereinafter the "DISTRICT"), and the City of Delray Beach, (hereinafter the "PROJECT SPONSOR"). In consideration of the mutual promises and covenants contained herein, the parties agree as follows: 1. PROJECT -Subject to the provisions of this Agreement and Rule 66B-2 of the Iilorida Administrative Cade (Exhibit "B"), the DISTRICT has determined to provide assistance funding to the PROJECT SPONSOR in furtherance of an approved project {"PROJECT") consisting of the Mangrove Park Boat Ramp Reconstruction. Said project is more specifically described in the PROJECT SPONSOR'S Waterways Assistance Application, which is on file at DISTRICT headquarters. Any modifcations to the PROJECT shall require written advance notice and_justificaton fiam the PROJECT SPONSOR and the arias written aypraval of the DISTRICT._ 2. TERM - The PROJECT SPONSOR shall not commence work on the PROJECT prior to the execution of this Agreement unless specifically authorized by the DISTRICT Board and shall complete the PROJECT and submit ali required payment reimbursement information on or before September 1., 201.2, unless the PROJECT period has been extended with the prior written approval of the DISTRICT. In na event other than a declared state of emergency that affects the project completion shall the PROJECT period extend beyond three (3) years from October 1, 2010. The PROJECT SPONSOR acknowledges this is the only provision to carry over the DISTRICT assistance funding under this Agreement beyond September 30, 2013, and that any extension of funding beyond this date shall be at the sole discretion of the DISTRICT. Any request fox extension of funding beyond the dates set forth in the preceding paragraph shall require submittal by the PROJECT SPONSOR of a request for extension to the DISTRICT no later than 60 days prior to the original project agreement expiration. This request will then be considered by the DISTRICT Board, whose decision shall be final. 1 3. ASSISTANCE AMOUNT -The DISTRICT shall contribute no mare than Fifty percent SO% of the PROJECT SPONSOR'S out-of pocket costs for completion of this PROJECT ("PROJECT AMOUNT"). Payment of funds by the DISTRICT to the PROJECT SPONSOR (the "ASSISTANCE AMOUNT") will be on a reimbursement basis only, and only for those authorized PROJECT COSTS as shown in Exhibit B and meeting the requirements of Paragraph 5 below and shall not, in any event, exceed $85,740.00. 4. MATCHING I+UNDS -The PROJECT SPONSOR warrants and represents that it has the PROJECT SPONSOR Match Amount {the PROJECT AMOUNT less the ASSISTANCE AMOUNT) available for the completion of the PROJECT and shall, prior to the execution of this Agreement, have provided the DISTRICT with suitable evidence of the availability of such funds using DISTRICT Form #9S-O1 {Exhibit C), and including upon request, providing the DISTRICT with access to applicable books and records, financial statements, and bank statements. S. PROJECT COSTS - To be eligible for reimbursement under the Project Agreement, PROJECT COSTS must be necessary and reasonable for the effective and efficient accomplishment of the PROJECT and must be directly allocable thereto. PROJECT COSTS are generally described in Exhibit B. PROJECT COSTS must be incurred and work performed within the PROJECT period, with the exception ofpre-agreement costs, if any, consistent with Paragraph b below, which are also eligible for reimbursement by the DISTRICT. 6. PRE-AGREEMENT COSTS -The DISTRICT and the PROJECT SPONSOR fully understand and agree that there shall be no reimbursement of funds by the DISTRICT for any obligation or expenditure made prior to the execution of this Project Agreement unless previously delineated in Exhibit A, consistent with Exhibit B, and previously approved by the DISTRICT Board during the grant review process. 7. REIMBURSEMENT PROCEDURES -PROJECT COSTS shall be reported to the DISTRICT and summarized on the Payment Reimbursement Request Form (Forth #90-14) attached as Exhibit D. Suppozking documentation including bills and canceled payment vouchers for expenditures shall be provided to the DISTRICT by the PROJECT SPONSOR ot• LIAISON AGENT with any payment request. All records in support of the PROJECT COSTS included in payment requests shall be subject to review and approval by the DISTRICT or by an auditor selected by the DISTRICT. Audit expenses shall be borne by the PROJECT SPONSOR. 2 Project funds may be released in installments, at the discretion of the DISTRICT, upon submittal of a payment request by the PROJECT SPONSOR or LIAISON AGENT. The DISTRICT shall retain ten percent {10%) of each installment payment until the completion of the PROJECT. The following costs, if authorized in the attached Exhibit A, shall be reimbursed only upon completion of the PROJECT to the reasonable satisfaction of the DISTRICT and in accordance with Exhibit B: personnel, equipment, project management, administration, inspection, and design, permitting, planning, engineering, andlor surveying costs. Assuming the PROJECT SPONSOR has otherwise fully complied with the requirements of the Agreement, reimbursement for all PROJECTS approved as Plrase I projects will be made only upon commencement of construction of the PROJECT for which the Phase I planning, designing, engineering and/or permitting were directed, which may or may not involve further District funding. Procedures set forth below with respect to reimbursement by the District are subject to this requirement of commencement of construction. The DISTRICT shall have the right to withhold any payment hereunder, either in whale or part, for non-compiianee with the terms of this Agreement. 8. TINAL REIMBURSEMENT -The PROJECT SPONSOR, upon completion of the PROJECT, shall submit to the DISTRICT a request For final reimbursement of the PROJECT AMOUNT less any prior installment payments. The Payment amounts previously retained by the DISTRICT snail be paid upon (lj receipt of the Final Audit report of expenses incurred an the PROJECT by the DISTRICT, {2) full completion of the PROJECT to the reasonable satisfaction of the DISTRICT, {3) submission of Project Completion Certification Farm No, 90-13 (Exhibit E), and (4) submission of a photograph of the PROJECT showing the sign required by Paragraph 17. Unless otherwise determined by the DISTRICT, the final reimbursement cheek shall be presented by a DISTRICT representative to the PROJECT SPONSOR during a public commission meeting or public dedication ceremony for the PROJECT facility. 9. RECORDS RETENTION -The PROJECT SPONSOR shall retain all records supporting the PROJECT CDSTS for three {3) years after the end of the fiscal year in which the Final Payment is released by the DISTRICT, except that such records shall be retained by the PROJECT SPONSOR until final resolution of matters resulting from any litigation, claim, or special audit that starts prior to the expiration of the three-yeaz• retention period, I0. NONCOMPLIANCE -The DISTRICT sl~all have the right to reimbursement, either in whole oz• part as it may determine, of the funds provided hereunder for noncompliance by 3 the PROJECT SPONSOR with any of the terms of this Project Agreement. Upon notification from the DISTRICT, the PROJECT SPONSOR shall reimburse such funds directly to the DISTRICT. The provisions of this paragraph shall suzvive completion of the PROJECT. 11. DISTRICT PROJECT MANAGER -The Executive Director, or his designee, is hereby designated as the DISTRICT'S Project Manager for the purpose of this Project Agreement and shall be responsible for monitoring performance of its terms and conditions and for approving all reimbursement requests prior to payment. 12. SPONSOR'S LIAISON AGENT -The PROJECT SPONSOR shall appoint a LIAISON AGENT, whose name and title shall be submitted to the DISTRICT upon execution of the Project Agreement, to act on behalf of the PROJECT SPONSOR relative to the provisions of the Project Agreement. 13. STATUS REPORTS -The PROJECT SPONSOR or LIAISON AGENT shall submit to the DISTRICT project status reports during the PROJECT term. These Quarterly Repoz•ks are to be on Form #95-02 (Exhibit F}. Project design drawings, engineering drawings, and a copy of the Project bid award construction item cost list will be submitted as available. Photographs shall be submitted when appropriate to reflect the work accomplished. NON-COMPLIANCE by the PROJECT SPONSOR with the reporting schedule in Exhibit G may result in revocation of this Agreement. 1~1, LAWS -The PROJECT SPONSOR agrees to obtain and to abide by all federal, state and local permits and proprietary authorizations, and all applicable laws and regulations in the development of the PROJECT. The PROJECT SPONSOR agrees that all PROJECT facilities shall be designed and constructed in compliance with state and federal statutory requirements for accessibility by handicapped persons as well as all other federal, state and local laws, rules and requirements. I5. NON-DISCRIMINATION - The PROJECT SPONSOR agrees that when completed, the PROJECT shall be readily accessible, on anon-exclusive basis, to the general public without regard to age, sex, race, physical handicap, or other condition, and without regard to residency of the user izr another political subdivision. When such is required, adequate parking shall be made available by the PROJECT SPONSOR to accommodate vehicles for the number of persons for which the PROJECT is being developed. 16. SITE DEDICATION -The PROJECT SPONSOR also agrees that the PROJECT site shall be dedicated for the public use for a minimum period of twenty-five (25} years prior to or 4 imzrzediately following completion of the PROJECT, such dedication to be in the form of a deed, lease, management agreement or other legally binding document. Any change in such dedication shall require the prior approval of the DISTRICT. The PROJECT SPONSOR shall record evidence of such dedication within the Public Records of the County in which the PROJECT is located. I7. ACKNOWLEDGMENT -For construction projects, the PROJECT SPONSOR shall erect a permanent sign, approved by the DISTRICT, in a prominent location such as the project entrance of the completed project, which shall indicate that the DISTRICT contributed funds for the PROJECT. The wording of the sign required by this paragraph shall be approved by the DISTRICT's staff before construction and installation of said sign. This sign shall contain the DISTRICT logo (Exhibit H) unless otherwise stipulated by the DISTRICT. In the event that the PROJECT SPONSOR erects a temporary construction sign, it shall also indicate the DISTRICT's participation. For all other type projects, the PROJECT SPONSOR shall acknowledge the DISTRICT where feasible, in concurrence with the DISTRICT staff's recommendations. 1 S. PROJECT MAINTI+JNANCE -When and as applicable, the PROJECT SPONSOR agrees to operate, maintain, and manage the PROJECT for the life of the PROJECT improvements and will pay all expenses required for such purposes. The PROJECT improvements shall be maintained in accordance with the standards of maintenance for other local facilities owned and operated by project sponsor, and in accordance with applicable health standards. PROJECT facilities and improvements shall be kept reasonably safe and in reasonable repair to prevent undue deterioration and to encourage public use. The PROJECT SPONSOR warrants and represents that it has full legal authority and financial ability to operate and maintain said PROJECT facilities and improvements. 19. FEES -Any fees charged far this PROJECT shall be reasonable and the same for the general public of all member counties. The PROJECT SPONSOR must demonstrate that a minimum of fifty percent {50%) of the PROJECT fees will be utilized for project maintenance and improvements throughout the anticipated 25-year life of a development project or the design life of other project types, as applicable 20. SOVEREIGN IMMUNITY -Each party hereto agrees that it shall be solely responsible for the wrongful acts of its employees, contractors and agents. However, nothing contained herein shall constitute a waiver by either party of its sovereign immunity under Section 768.28, Florida Statutes. The PROJECT SPONSOR acknowledges that the DISTRICT, its 5 employees, commissioners and agents are solely providing funding assistance for the PROJECT and are not involved in the design, construction, operation ar maintenance of the PROJECT. 21. INSPECTIONS -The DISTRICT reserves the right, upon reasonable request, to inspect said PROJECT and any and all records related thereto at any time. 22, RIGHTS AND DUTIES -The rights and duties arising under this Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns, and shall, unless the context clearly requires otherwise, survive completion of the PROJECT. The PROJECT SPONSOR may not assign this Agreement nor any interest hereunder without the express prior written consent of the DISTRICT. 23. WAIVERS -Waiver of a breach of any provision of this Agreement shall not be deemed a waiver of any other breach of the same ar different provision. 24. NOTICE -Any notice required to be given pursuant to the terms and provisions of this Agreement shall be in writing, postage paid, and shall be sent by certified mail, return receipt requested, to the DISTRICT or PROJECT SPONSOR at the addresses below. The notice shall be effective on the date indicated on the return receipt. To the DISTRICT at: Florida Inland Navigation District 1314 Marcinski Road Jupiter, Florida 33477-9498 To the PROJECT SPONSOR at; City of Delray Beach Attention: Director, Environmental Services 434 South Swinton Ave. Delray Beach, FL 33444 25. NO JOINT VENTURE -The DISTRICT's role with respect to the PROJECT is that of a funding assistance authority only and the DISTRICT is not, and shall not be considered to be, an agent, partner, or joint venturer with the PROJECT SPONSOR. 26. GOVERNING LAW -The validity, interpretation and performance of this Agreement shall be controlled and construed according to the laws ofthe State of Florida. 27. TRANSFERENCE - It is the intent of the DISTRICT to issue this funding assistance to the PROJECT SPONSOR who has made application for this assistance. In the event the PROJECT SPONSOR transfers ownership or management of the PROJECT to a party or parties 6 not now a part of this document, other than another governmental entity that agrees to assume, in writing, PROJECTS SPONSOR'S obligation hereunder, the DISTRICT retains the right to full reimbursement from the PROJECT SPONSOR to the full extent of the funding assistance provided by the DISTRICT, including but not limited to any costs and reasonable attorney's fees {regardless of whether litigation ensues) incurred by the DISTRICT in collecting said reimbursement. 28. ENTIRE UNDERSTANDING -This Agreement, including any exhibits made a part hereof, embodies the entire Agreement and understanding of the parties and supersedes all prior oral and written communications between them. The terms hereof may be modified only by a written amendment signed by both parties hereto. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed the day, month and year aforesaid. WITNESSES: WITNESSES; FLORIDA INLAND NAVIGATION DISTRICT By: DATE: By: Title: DATE: Director PROJECT SPONSOR 7 E~Naibit A T'LORIDA INLAND NAVIGATION DISTRICT ASSISTANCE PROGRAM PROJECT COST ESTIMATE (See Rule Section ddB-2.DD5 & 2AD8 for eligibility and funding ratios) PROJECT ~TLE: Mangrove Park Boat Ramn Recoaastruction APPLICANT: Cit of Delra Beach Project Elements Quantity Estimated Applicant's Cast FIND Cast (Please list the MAJOR project element Cost and provide a general cost break out for• (Number andlor each one, For phase t Projects, please footage) Ilst the »tajor elements and products expected Boat Ratnp Reconstructifln i LS @ $175,000 $$9,2G0 $85,740 ~* ToTALS = $, ~~s,ooa __ $, s9,z~a ~_ss,~aa _ Form No. 90-25 (New ] 0114192, Revised 04-24-06) Exhibit B CHAPTER 668-2 --WATERWAYS ASSISTANCE PROGRAM (2010) 66B-2.001 Purpose. 66B-2.002 Forms, 66B-2,003 Definitions. 66B-2.004 Policy. 66B~2.005 Funds Allocation. 66B-2,006 Application Process. 66B-2.0061 Disaster Relief Applications, 66B-2.007 Application Fortn. (Repealed) 66B-2.008 Project Eligibility. 66B-2.009 Project Administration. 66B-2.010 Project Agreement. (Repealed) 66B-2.011 Reimbursement. 66B-2.012 Accountability. 66B-2.013 Acknowledgement. 66B-2.014 Small-Seale Spoil Island Restoration and Enhancement Projects. 66B-2.015 Small-Seale Derelict Vessel Removal Projects, G6B-2.001 -Purpose. Recognizing the importance and benefits of inland navigation channels and waterways, as well as noting problems associated with the construction, continued maintenance and use of these waterways, the Florida Legislature created Section 374.976; F.S. This law authorizes and empowers each inland navigation district to undertake programs intended #o alleviate the problems associated with its waterways. The purpose of this rule is #o set fo~•th the District's policy and procedures for the implementation of an assistance program under Section 374.976, F.S., for local governments, member counties and navigation related districts within the District. This program will be known hereafter as the Florida Inland Navigation District's Waterways Assistance Program. Specific Authority 37~! 976(2) FS Law Implemented 374, 976(1) FS. History--Netiv 12-17-9D, Formerly 16T-2.001. 66B-2.002 - Fornns. All forms for the administration of this program are available from the District office located at 1314 Marcinski Road, Jupiter, Florida 33477. Specific Authority 37~ 9760) FS Law Implemented 374.976(1) FS. History-New 12-17-90, Formerly 16T-2.002. 668-2.003 -Definitions. The basic terms u#ilized in this rule are defined as follows; (1) "APPLICANT" means an eligible governmental agency submitting an application tluough this program. (2} "APPLICATION" means a project proposal with the required documentation. (3) "AUTHORIZED SUBMISSION PERIOD" means the established period for submitting appliea#ions to the District. (4) "BEACH RENOURISHMENT" means the placement of sand on a beach far the Exhibit B nourishment, renoueishment or restoration of a beach. (5} "BOARD" means the Board of Commissioners of the Florida Inland Navigation District. (6) "DISTRICT" means the Florida Inland Navigation District (FIND). {7) "ELIGIBLE GOVERNMENTAL AGENCY" means member counties, local governments and navigation related districts within the taxing boundaries of the District. {S) "ENVIRONMENTAL PERMITS" means those permits, proprietary authorizations, exemptions, or general permits far construction below mean high water line of a navigable waterway required and issued by or on behalf of the U.S. Army Corps of Engineers, the Florida Department of Environmental Protection, and the South Florida or the St. Johns River Water Management Districts or their successors. (9) "EXECUTIVE DIRECTOR" means the Executive Director of the Florida Inland Navigation District. (1~) "LIAISON AGENT" means the contact person officially designated to act an behalf of the applicant or the project sponsor. (11} "LOCAL GOVERNMENTS" means municipalities, cities, or consolidated county governments, which are located within the member counties. {12) "MATCHING FUNDS" means those funds provided by the local sponsor to the project. (13} "MEMBER COUNTY" means a county located within the taxing boundaries of the District which includes Nassau, Duval, St. Johns, Flagler, Volusia, Brevard, Indian River, St. Lucie, Martin, Palm Beach, Broward and Miami-Dade Counties. {14) "NAVIGATION RELATED DISTRICTS" means port authorities, inlet districts or any other agency having legally authorized navigation related duties in waterways of the District. (15} "PRE-AGREEMENT COSTS" means project costs approved by the. District Board which have occurred prior to the execution of the project agreement. (16} "PROGRAM" means the Florida Inland Navigation District Waterways Assistance Program. (17) "PROGRAM FUNDS" means financial assistance awarded by the Board to a project for release to the project sponsor pursuant to the terms of the project agreement. (18) "PROJECT" means a planned undertaking consisting of eligible program facilities, improvements or expenses for the use and benefit of the general public. (19) "PROJECT AGREEMENT" means an executed contract between the District and a project sponsor setting forth mutual obligations regarding an approved project. {20) "PROJECT MAINTENANCE" means any usual action, activity, expense, replacement, adjustment or repair taken to retain a project or grant item in a serviceable, operational or normal condition, ar the routine efforts and expenses necessary to restore it to serviceable ar normal condition, including the routine recurring work required to keep the project or grant item in such condition that it may be continuously used at its original ar designed capacity and efficiency for its intended purpose. {21) "PROJECT MANAGER" means the District employee who is responsible for monitoring the performance of the Project and compliance with the project agreement. (22) "PROJECT PERIOD" means the approved time during which costs may be incurred and charged to the funded project. {23) "PROJECT SPONSOR" means an eligible governmental agency receiving Exhibit B program funds pursuant to an approved application. {24} "PUBLIC BUILDING" means a building ar facility on government owned property that is awned or operated by a governmental entity, or operated by a third party operator. The building or facility must provide waterway related information, public meeting space, or educational services and be open to members of the public an a continual basis without discrimination. {25} "PUBLIC MARINA" means a harbor complex used primarily for recreational boat mooring ar storage, the services of which are open to the general public on a first come, first served basis without any qualifying requirements such as club membership, stock ownership, or differential in price. {2b) "PUBLICLY OWNED COMMERCIAL OR INDUSTRIAL WATERWAY ACCESS" means any publicly owned area specifically designed to be used fox staging, launching, or off loading by commercial az• industrial waterway users on a fiz•st came, first served, short-term basis, to gain entry to ar from the District's waterways to serve the infrastructure needs of the District's waterway users. (27) "TRIM HEARING" means a public hearing required by Chapter 200, F.S., concerning the tax and budget of the District. (28) "WATERWAYS" means the Atlantic Intracoastal Waterway, the Okeechobee Waterway, the Barge Canal in Brevard County west of the Port Canaveral Locks, those portions of the Dania Cut-Off Canal and the Hillsboro Canal east of the water control stz•uctures, all navigable natural rivers, bays, creeks or lagoons intersected by said waterways and all navigable natural creeks, rivers, bays or lagoons entering or extending from said waterways. (29} "WATERWAY RELATED ENVIRONMENTAL EDUCATION" means an interdisciplinary holistic process by which the learner: develops an awareness of the natural and manmade environments of waterways; develops knowledge about how the environment of the waterways works; acquires knowledge about the technological, social, cultural, political, and economic relationships occurring in waterway related environmental issues; and, becomes motivated to apply action strategies to maintain balance between quality of life and quality of the environment of waterways. Specific Authority 374.976(2) FS. Lase Implemented 374.97(1} TS History-New 12-17-90, Ar~:ended 4-2-92, 2-6-97, Formerly 15T-2.00.?, Amended 5-17-98, 3-21-01, 3-20-03, 3-3-04, 4-21-OS, 4-24-06, 4-IS-07, 3-25-08. 66B-2,U04 -Policy. The following constitutes the policy of the District regarding the administration of the program: (1) Financial Assistance Eligibility: Financial assistance, support and cooperation maybe provided to eligible gaveznmental agencies for approved projects as follows: {a} Member counties may be provided financial assistance, support or cooperation in planning, acquisition, development, construction, reconstruction, extension, improvement, operation or the maintenance of public navigation, local and regional anchorage management, beach renourishment, public recreation, inlet management, environmental education, and boating safety projects directly related to the waterways. (b) Eligible local governments may also be provided financial assistance, support azzd cooperation in planning and carrying out public navigation, local and regional anchorage Exhibit B management, beach renourishment, public recreation, inlet management, environmental education, and boating safety projects directly related to the waterways. (c) Navigation related districts may be provided with financial assistance to pay part of the costs of the planning and acquisition of dredge material management sites if the Board finds that the site is required for the long-range maintenance of the Atlantic Intracoastal Waterway channel. All such sites must meet the development and operational criteria established by the District through along-range dredge material management plan for that county. Navigation irelated districts may also be provided with assistance for waterway related access projects, environmental mitigation projects associated with waterway improvement related activities and inlet management projects if the Board finds that the project benefits public navigation in the Atlantic Intracoastal Waterway. All navigation related districts shall contribute at least equal matching funds to any District financial assistance provided. Seaports may also be furnished assistance and support in planning and carrying out environmental mitigation projects. AlI seaport projects shall benefit publicly maintained channels and harbors. Each seaport shall contribute matching funds for funded projects. {d} Eligible projects shall include the acquisition and development of public boat ramps and launching facilities, including those in man-made, navigable waterways contiguous to "waterways" as defined in Rule 65B-2.003, F.A.C. {2) Notification: The District will notify by direct mail andlor advertised public notice all eligible governmental agencies of the program and the upcoming authorized submission period. Funding allocations to navigation related districts, member counties and local governments shall be based upon the proportional share of the District's ad valorem tax collections from each county. (3) Project Approval: Approval of projects by the District shalt be in accordance with these rules. (4) Project Accessibility: Facilities or programs funded in whole or in pant by program funds shall be made available to the general public of all of the member counties on anon-exclusive basis without regard to race, color, religion, age, sex or similar condition. Additionally, facilities funded in whole or in part by program fiends, shall not require a paid membership for the general public of all of the member counties as a condition to use the facilities. User or entrance fees may be charged for the use of facilities funded in whole or in part, by program funds, however such fees shall be reasonable and shall be the same for the general public of all of the member counties. (5) Waterway Impacts: All development projects must be designed so as not to impact navigation along the Districts waterways through the placement of structures, attendant uses, or the necessity of a boating speed zone for safety purposes. Before applying for boating speed zone designation in District waterways because of a project funded by this program, the sponsor shall first receive approval from the Board. The Board will use the criteria found in Section 327.45(1), F.S., in determining whether to approve the proposed boating speed zone. (5} Project Maintenance: The project sponsor shall be responsible for the operation, maintenance, and management of the project for the anticipated life of the project and shall be responsible for all expenses required for such purposes. The project shall be maintained in accordance with the standards of maintenance for other similar local facilities and in accordance with applicable health standards. Project facilities and Exhibit B improvements shall be kept reasonably safe and in reasonable repair to prevent undue deterioration and to encourage public use. The project sponsor shall have full legal authority and financial ability to operate and maintain the project facilities. (7) Education Facilities and Programs: Waterways related environmental education facilities and programs sponsored by the District shall occur at specially designated environmental education facilities located adjacent and contiguous to the waterways. It is the District's intent to consolidate its environmental education efforts in the least number of facilities within an area that will adequately serve the education needs of that area of the District. (8} Public Information Availability: Public information produced with assistance from this program shall not be copyrighted and shall be provided free of cost, except for the cost of reproduction, to the public. (9) Third-Party Project Operators: Frojects that are being- operated by a third party shall have sufficient oversight by the eligible project sponsor as determined by the Board. Such oversight, at a minimum, will include a project liaison that is a staff member of the eligible project sponsor, and oversight of the operating hours and admission fees of the facility by the eligible praject sponsor through a legal agreement. All third party projects shall be open to the public in accordance with this rule. (l0) Non-compliance: The District shall terminate a project agreement and demand return of p~•ogram funds disbursed to the project sponsor for non-compliance with any of the terms of the project agreement or this rule, if such non-compliance calls into question the ability of the applicant to complete the project, failure of a project sponsor to comply with the provisions of this rule or the project agreement shall result in the District declaring the project sponsor ineligible for further participation in the program until such time as compliance has been met to the satisfaction of the District, (11) Fees: Any public project eligible for District program funds that charges a fee or will charge a fee must demonstrate that the facility will utilize 50% or greater of the collected funds for praject maintenance and improvements throughout the anticipated 2S- year life of a development project or the design life of other praject types, as applicable. Rufemaking Authority 374.97d(2) FS Late Implemented 374976(1}, (2j FS, History-New 12-17-90, Rmended 2-3-94, 2-ti-97, Formerly 16T-2.Q04, flmended 5-18-98, 3-31-99, 5-25-DF3, 3-21-41, 7-3f1-02, 3-3-04, 4-21-05, 4-1-09, 2-22-ID. 66B-2.U05 -Funds Allocation. The Board will allocate funding for this program based upon the District's overall goals, management policies, fiscal responsibilities and operational needs far the upcoming year. if funds are determined to be available for the program, the District will notify potential eligible governmental agencies of the availability of program funding. Applications will be reviewed by the Board utilizing District Forms No. 91-25 and 41-25 {a thru f} Waterways Assistance Program Application Evaluation and Rating Worksheet (effective date 4-24-Ob}; and 93-25 and 93-25 (a, b and c} Waterways Assistance Program Navigation Districts Application Evaluation and Rating Worksheet (effective date 4-24- 06), hereby incorporated by reference and available from the District office. {1} Funding Assistance Availability: In as much as the District has other fiscal responsibilities and operational needs, financial assistance to eligible government agencies shall not exceed an amount equal to eighty (80) percent of the proportional share Exhibit B of the District's ad valorem tax collections from each county in which such agencies are located. The District may make an exception to this funding limitation, if funds are determined to be available based upon the District's overall goals, management policies, fiscal responsibilities and operational needs, or in counties that are recovering from a state of emergency declared under Chapter 252, F.S. (2} Project Funding Ratio: AlI financial assistance and support to eligible governmental agencies shall require, at a minimum, equal matching funds from the project sponsor, with the exception of public navigation projects that meet the provisions of subsection 66B-2.005(7}, F.A.C., land acquisition projects in accordance with subsection 66B-2.005(8} and Rule 66B-2.008, F.A.C., and small-scale spoil island restoration and enhancement projects that meet the provisions of Rule 66B-2.014, F.A.C. Applicant's in-house costs are limited pursuant to paragraph 66B-2.008(1)(c}, F.A.C. AlI financial assistance to seaports shall require equal matching funds. The District shall contribute no more than fifty percent (50°/a} of the local share of the cost of an inlet management or beach renourishment project. The District shall not contribute funding to bath the state and local shares of an inlet management or beach renourishment project. (3) Pre-agreement Expenses: The project sponsor shall not commence work on an approved project element prior to the execution of the project agreement unless authorized by the Board during the review and funding approval process. Board authorization of pre-agreement expenses will be given for the commencement of work prior to the execution of a project agreement if the Board determines that there is a benefit to the District, its waterways or its constituents. All project costs must be incurred and work performed within the project period as stipulated in the project agreement unless pre-agreement costs are approved by the Board. Pre-agreement expenses will be approved if they are consistent with the provisions of Rule 66B-2.00$, F.A.C., and occur within the fscal year of the grant application submission {October 1st to September 30th). Pre_agreement expenses, except for projects approved by the Board as multi-year projects, will be limited to fifty {SO) percent of the project's total cost and if the expenses are eligible project expenses in accordance with Phis rule. Only one-half {I12) or less of the approved pre-agreement expenses will be eligible for reimbursement futzding from the District, excep# for projects approved by the Board as multi-year projects. The Board shall consider a waiver of the limitation on pre-agreement expenses for Small-Scale Derelict Vessel grants and land acquisition projects when the applicant demonstrates a direct need and benefit and the project is in accordance with the applicable provisions of Chapter 66B-2, F.A.C. (4) Multi-Year Funding: The construction phase of projects that are large scale, involve multiple phases, have a construction time line of one year or longer, or are requesting a significant amount of assistance funding in relation to the total assistance available for the county where the project is located, will be reviewed and approved by the District Board for a multiple year period subject to budgeting and allocation pursuant to the provisions of Chapter 200, F.S. The determination by the Board to provide assistance funding on a multi-year basis can be made at any time during the application review process. (5) Seaport Funding Eligibility: Financial assistance to seaports may exceed the proportional share of the District's ad valorem tax collections as set forth in subsection 66B-2.005{1), F.A.C., from the county in which such seaport is located if the seaport can Exhibit B demonstrate that a regional benefit occurs from the port's activities. Financial assistance to a seaport project that demonstrates a regional benefit shall not exceed an amount equal to (i) the proportional share of the District's ad valorem tax collections as set forth in subsec#ion 66B-2.005(1), F.A.C., from the counties where the benefit is demonstrated Less (ii) funding allocated in the same fiscal year to all other local government projects funded in those counties. (6} Inlet Management and Beach Renourishment: Projects and project elements in the categories of inlet management and beach renourishment shall be subject to the following provisions. The District shall contribute no more than fifty percent of the local share of the cost of the project. The District shall not contribute funding to both the state and local shares of an inlet management or beach renourishment project. Funding for the construction phase of an inlet management or beach z•enourishznent project inay be approved by the District Board for a multiple year period subject to budgeting and allocation pursuant to the provisions of Chapter 200, F.S. Additionally the following provisions shall be met for inlet management or beach renaui•ishment projects: (a) Inlet Management: Inlet management projects shall benefit public navigation within the District and shall be consistent with Department of Environmental Protection approved inlet management plans and the statewide beach management plan pursuant to Section 161.161, F.S. Inlet management projects that are determined to be consistent with Department of Environmental Protection approved inlet management plans are declared to be a benefit to public navigation. (b) Beach Renourishment: A11 projects in this eategoxy shall be consistent with the statewide beach management plan. Beach renaurishment projects shall only include those beaches that have been adversely impacted by navigation inlets, navigation structures, navigation dredging, or a navigation project. The determination of beach areas that are adversely impacted by navigation for the purposes of this program shall be made by Department of Environmental Protection approved inlet management plans. If state funding is not provided for a beach project, public access with adequate parking must be available in accordance with Chapter 161, F.S. (7) Public Navigation: Projects or project elements in the category of public navigation that will qualify for up to seventy-five percent (75%} program funds must provide public navigation channel access to public launching, mooring or docking facilities. In addition, the following shall apply: {a) Navigation channel dredging: The project sponsor must demonstrate that the source of channel sedimentation has been identified and is in the process of, or has been controlled, or that the frequency and amount of shoaling is such that dredging will provide an improvement to the channel that will last for twenty {20) yeaz•s or more and therefore is more cost effec#ive than identifying and correcting the cause of shoaling, or that the cost of identifying the source of channel sedimentation exceeds the cost of the dredging project. {b) Navigation channel lighting and markers must be located on priznary or secondary public navigation channels. All other public navigation projects or project elements will only qualify for up to fifty percent (50%) program funding. Dredging that is associated or ancillary to anothex use {such as a boat ramp, marina or pier} will be prioritized according to the associated use. {8) Land Acquisition: All land acquisition projects shall qualify for a maximum of Exhibit B twenty-five (25) percent program funding. All pre-agreement expenses for land acquisition must be completed within one-year of the date of application for funding. Rulemaking Authority 374.976{2} FS. Lativ Implemented 37~! 975(1}, {3) FS. History-Nesv 12-17-94, ~Imended fi-24-93, 9-5-96, 2-6-97, Formerly I6T-2.005, Amended 5-17-98, 8-26-99, 3-21-©1, 7-30-02, 3-3-04, 4-21-OS, 4-24-06, 4-IS-07, 3-25-08, 4-1-09. 66B-2.pOG -Application Process. (1) Application Period: With the exception of eligible Disaster Relief Projects, eligible Small-Scale Spoil Island Restoration and Enhancement Project and eligible Small--Scale Derelict Vessel Applications, all applications for assistance through this program will be subrnitled during the authorized submission period that shall be established by vote of the Board at a scheduled meeting. (2) Application Forms: Florida Inland Navigation District Waterways Assistance Program Project Application F1ND Form Number 90-22 (effective date 4-24-05} and 93- 22a, Project Information -Navigation Related Districts (effective date 4-24-06) are hereby incorporated by reference and available from the District office, With the exception of projects eligible under the Small-Seale Spoil Island Restoration and Enhancement program, and the Small-Scale Derelict Vessel program, all applications for financial assistance and support through this program from member counties and local governments shall be made on Form Number FIND 90-22 and shall include a detailed cost estimate submitted on FIND Form No. 90-25, Florida Inland Navigation District Assistance Program Project Cost Estimate, (effective date 4-24-Ob}, hereby incorporated by reference and available from the District office. All applications for financial assistance and support through this program from navigation related districts shall be made on FIND Farm Number 93-22 {effective date 4-24-06), hereby incorporated by reference and available from the District office, and shall include a detailed cost estimate submitted on FIND Form No. 90-25. In addition, alI applicants shall submit a complete and detailed Project Timeline (FIND FORM No. 96-10) (effective date 4-15-07). {3) Sponsor Resolution: The project sponsor shall approve the submission of an application by official resolution from its governing board or commission. Said resolution shall be made on FIND Form No. 90-21, Resolution far Assistance Under the Florida Inland Navigation District Waterways Assistance Program (effective date 10-14-92), hereby incorporated by reference and available from the District office. (4) Attorney's Certification: If the application is for a project that is a land based development project the applicant shall submit an Attorney's Certification of Title, FIND Farm Number 94-26 (effective date 5-25-00}, hereby incorporated by reference and available from the District office. {S) Application Review; Applications will be reviewed by the local FIND Commissioner before being submitted to the District office. Upon receipt in the District office, staff will review the applica#ions for completeness of the informational requirements iden#ified in the Application Checklist, FIND Form Number 90-2b (effective date 7-30-02}, and far compliance with the eligibility requirements of this rule. When an application is determined by staff to be incomplete or ineligible, staff will immediately inform the applicant by mail. The applicant will then have until the date established by the Board in the application package to bring the application into Exhibit B compliance. If the applicant fails to provide a complete application in compliance with these rules, the application will not be considered for funding. In order to have a complete application, the applicant shall not only submit the forms required under Rule 66B-2.006, F.A.C., and any other information requirements identified in the Application Checklist {FIND Form Number 90-2b), but such forms and other submitted information must be completely filled out, executed as applicable, and also establish compliance with Chapter &6B-2, F.A.C. {b} Interlocal Agreements: Applications that the Board determines will directly benefit the maintenance of the Atlantic Intracoastal Waterway channel as documented by the District's long range dredged material management plans, will directly benefit the maintenance of the Okeechobee Waterway channel as documented by the District's long range dredged material management plan, will directly benefit the maintenance or improvement of District property, -right-of way or navigation interests, or have multiple funding partners including the Carps of Engineers as the project manager can qualify for project assistance through an interlocal agreement pursuant to Chapter 163, F.S., or Section 374.984(6j(a), F.S. District staff will identify these applications and present them to the Board for their determination as to funding. Interlocal agreement projects shall comply with all other provisions of this rule, except for pre-agreement expenses, permitting and property control requirements. (7) Application Presentations: Applications determined to be complete and in compliance with this rule will be forwarded to the Board for review and then scheduled for presentation to the Board at a scheduled meeting of the Board. Applicants can decline to make a presentation to the Board by submitting a written request. {8) Applicatian Evaluation and Rating Score; Following the presentations, the Board will review the applications and evaluate them using the Waterways Assistance Program Application Evaluation and Rating Worksheets No. 91-25 (a thru f) for Waterways Assistance Pragram applications, and 93-25 {a, b and c) Waterways Assistance Program Navigation Related Districts applications. The total points awarded to each application by the Commissioners will be averaged to determine an application's final rating score. The final rating score for each application must equal or exceed 35 points for the application to be considered for funding assistance. Reconsideration of any application with a fnal rating score of less than 35 points will only occur if the majority of the Commissioners evaluating the project rated the project equal to or exceeding 35 points and two-thirds of the Commissioners vote for reconsideration of the application. Only Applicants that are eligible under Rule 66B-2.0061, F.A.C., "Disaster Relief Applications", shall complete FIND Form No. 91-25F Emergency Re-Construction {effective date 4-24-06}. (9) Funding Determination: The Board will hold a funding allocation meeting at which time the Board will determine the allocation of funds, if any, to each project and the projects will be ranked by overall average score to facilitate final funding decisions by the Board. Allocations will be based in part upon the cumulative score of the applications as calculated from the Project Evaluation and Rating Form. Allocations will also be based upon the specific needs of the individual counties. Spec f c Authority 374.976(2) FS Lativ Implemented 374.976(1) FS Nislory-New 12-17-9Q, Amended 9-2-92, b-24-93, 4-12-95, Formerly 16T-2.406, Amended 5-25-00, 3-21-01, 7-30-02, 3-20-03, 4-21-05, 4-29-06, 4-15-07, 3-25-08. Exhibit B 668-2.0061 -Disaster Relief Applications. Disaster Relief applications may be submitted to the District and considered by the Board at any time during the year to provide assistance to an eligible applicant for the removal of navigation obstructions and repair or replacement of waterway facilities damaged by a declared natural disaster. The District shall consider these applications in accordance with these rules. Specific r4ulhoriry 374976(2) F'S. Law Implemented 374.976(1) FS History-New 6-24-93, ~Imended 2-6-97, Formerly 167=2.0461, ~Imended 4-24-06. 66B-2.008 - Pro,~eet Eligibility. {1) Eligible Projects: Financial assistance and support through this program shall be used to plan or carry out public navigation and anchorage management, public recreation, environmental education, boating safety, acquisition and development of spoil sites and publicly owned commercial/industrial waterway access directly related to the waterways, acquisition and development of public boat ramps, launching facilities and boat docking and mooring facilities, inlet management, environmental mitigation and beach renourishment. (a) Program funds may be used for projects such as acquisition, planning, development, construction, reconstruction, extension, or improvement, of the following types of projects for public use on land and water. These project types will be arranged into a priority Iist each year by vote of the Board. The priority list will be distributed to applicants with the project application. 1. Public navigation channel dredging; 2. Public :navigation aids and markers; 3. Inlet management projects that are a benefit to public navigation in the District; 4. Public shoreline stabilization directly benefiting the District's waterway channels; 5. Acquisition and development of publicly owned spoil disposal site and public commercial/industrial waterway access; 6. Waterway signs and buoys for safety, regulation or information; 7, Acquisition, dredging, shoreline stabilization and development of public boat ramps and launching facilities; 8. Acquisition, dredging, shoreline stabilization and development of public boat docking and mooring facilities; 9. Derelict Vessel Removal; 10. Waterways related environmental education programs and facilities; 1 l .Public fishing and viewing piers; 12. Public waterfront parks and boardwalks and associated improvements; 13. Waterways boating safety programs and equipment; 14. Beach renourishment on beaches adversely impacted by navigation inlets, navigation structures, navigation dredging, or a navigation project; and 15. Other waterway related projects. (b) Ineligible Projects or Project Elements. Project costs ineligible for program funding or matching funds will include: contingencies, miscellaneous, reoccurring personnel related costs, irrigation equipment, ball-courts, park and playground equipment, and any extraneous recreational amenities not directly related to the waterway Exhibit B such as the following: 1. Landscaping that does not provide shoreline stabilization or aquatic habitat; 2. Restrooms for non-waterway users; 3. Roadways providing access to non-waterway users; 4. Parking areas for non-waterway users; 5. Utilities for non_waterway related facilities; 6. Lighting for non-waterway related facilities; 7. Project maintenance and maintenance equipment; 8. Picnic shelters and furniture; 9. Vehicles to transport vessels; and 10. Operational items such as fuel, oil, etc. 11. Office space that is not incidental and necessary to the operation of the main eligible public building; and I2. Conceptual- project planning, including: public surveys, opinion polls, public meetings, and organizational conferences. {e) Project Elements with Eligibility Limits: Subject to approval by the Board of an itemized expense list: 1. The following project costs will be eligible for program funding or as matching funding if they are performed by an independent contractor: a. Project management, administra#ion and inspection; b. Design, permitting, planning, engineering or surveying costs for completed construction project; c. Restoration of sites disturbed during the construction of an approved project; d, Equipment costs. Before reimbursement is made by the District on any of the costs listed in subparagraph f , above, a construction contract for the project, approved and executed by the project sponsor and project contractor must be submitted to the District. 2. Marine law enforcement and other vessels are eligible fox a maximum of $30,000 in initial District funding,- All future replacement and maintenance costs of the vessel and related equipment will be the responsibility of the applicant, 3. Waterway related environmental education facility funding will be limited to those project elements directly related to the District's waterways. {d) Phasing of Projects: Applications for eligible waterway projects maybe submitted as a phased project where Phase I will include the design, engineering and permitting elements and Phase II will include the construction of the project. A description and cost estimate of the Phase II work shall be submitted along with the Phase I application for Board review. (2} Pxopez•ty Control: The site of a new proposed land-based development project, with the exception of those projects requesting Small-Scale Spoil Island Restoration and Enhancement funding, shall be dedicated for the public use for which the project was intended for a minimum period of 25 years after project completion, Such dedication shall be in the farm of a deed, lease, management agreement or other legally binding document and shall be recorded in the public property records of the county in which the property is located. This property control requirement also applies to a project site owned by another governmental entity, The governmental entity that owns the project site may be joined as a co-applicant to meet this property control requirement. Existing land based Exhibit B development projects that are being repaired, replaced or modified must demonstrate that the pznject site has been dedicated for public use for at least 25 years with at least 10 years remaining on the dedication document. Property shall also be deemed dedicated for public use if: (a) The property has been designated for the use far which the project is intended (even though there may have been na foz-mal dedication} in a plat or map recorded prior to 1940, or (bj The project sponsor demonstrates that i# has had exclusive control over the property for the public use for which the project is intended for a period of at least 30 years prior to submission of the application, or {c) There is no ongoing litigation challenging the designated use of the property as shown an the plat or map, nor has there been any judicial determination contrary to the use by the public for the use shown on the plat ox map. {3) Permits: The project sponsor is responsible for obtaining and abiding by any and all federal, state and local permits, laws, proprietary authorizations and regulations in the development and operation of the project. Applicants for construction projects that include elements that require state or federal environmental permits or proprietary authorizations will demonstrate that all required environmental permitting and authorizations will be completed by the District's final TRIM hearing. This demonstration will be by submission of the required environmental permit(s) and authorizations, or by submission of a letter from the agency(s} stating that a permit or authorization is not required. Should the environmental permitting element of an application that has construction elements requiring state ar federal environmental permits or authorizations not be completed by the District's fnal TRIM hearing, the construction portion of the project will not be considered for funding. Whereby funding decisions are completed at the final TRIM hearing, the District will not deviate from the funding schedule to accommodate any application deficiency. {4) Public Marina Qualifications: All public marina projects funded through this program shall include sewage pumpout facilities for vessels, unless the applicant can demonstrate that inclusion of such a facility is physically, operationally or economically impracticable. All public marina projects funded through this program shall have a# least ten percent (10°/a) of their slips or mooring areas available :far transient vessels. Public marina dockage rates shall be within market comparison of the dockage rates of other area marinas. Program funds to public marina projects shall not be utilized for replacement of the facilities if revenues generated by the facility are not allocated to the operation, maintenance and improvement of the public marina facility in accordance with subset#ion 66B-2.004(10}, F.A.C. (5} Final Decisions: The Board will make all final decisions on the eligibility of a Project or specific project casts. Ruferaakbtg fltttharfty 374.976(2} FS. Law hnplemenled 374.976(1)-(3) FS History--Are~v 12-17-90, ~Irnended 9-Z-92, 6-24-93, 2-3-94, 4-12-95, 9-5-96, 2-6-97, Formerly 16T-2.x08, .4merrded 5-17-98, 3-31-99, 5-25-OD, 3-21-01, 7-30-0,2, 3-20-03, 3-3-Q4, 4-15-07, 3-25-0$, 4-i-09, 2-22-1 ~. 66B-2.009 -Project Administration. The District will appoint a project manager who shall be responsible far monitoring Exhibit B the project and the project agreement. The project manager shall also be responsible for approving all reimbursement requests. The project sponsor shall appoint a liaison agent, who will be a member of the eligible applicant's staff, to act on its behalf in carrying out the terms of the project agreement. Administration of the project will be as follows: {1) Project Agreement: For each funded project, the District and the project sponsor will enter into a project agreement, prior to the release of program funds, setting forth the mutual obligations of the patties concerning the project. The project agreement shall incorporate the applicable policies and procedures of the program as outlined in this rule. Project agreements will be for atwo-year period with the possibility for one, one-year extension. Any request for acne-year extension of funding shall require submittal by the PROJECT SPONSOR of a request far extension to the DISTRICT no Iater than July of fiscal year two of the approved project. This request will then be considered by the DISTRICT Board, whose decision shall be final. In review of these requests, the Board will take into consideration the current status and progress of the project and the ability of the applicant to complete the project within one additional year. {2) Matching Funds: The project sponsor shall clearly identify and enumerate the amount and source of the matching funds it will be using to match the program funds supplied by the District far an approved project. The project sponsor shall provide suitable evidence fihat it has the matching funds available at the time the project agreement is executed. {3) Agreement Modification: All proposed changes to the project agreement must be submitted to the District in writing by the project sponsor accompanied by a statement of justification far the proposed changes. All project agreement amendments shall be approved by the District Board, except that the Executive Director may approve a minor project agreement amendment for a project within a county with the local District commissioner's concurrence. A rninor project aii-~endment shall not change the approved project's category nor result in a reallocation of more than 3S% of the approved funding of the project among project elements. Project agreement amendments will not include a change to the approved project's locarion or a change in the approved project's purpose or pz•oject type. Agreed changes shall be evidenced by a formal amendment to the project agreement and shall be in compliance with these rules. {4) Project Reporting: The liaison agent will submit quarterly reports to the project manager summarizing the work accomplished since the last report, problems encountered, percentage of project completion and other appropriate information. These reports shall continue throughout the length of the project period until completion of the project. The report shall be submitted on Farm 95-02, "Assistance Program Project Quarterly Status Report", dated 7-30-02, hereby incorporated by reference and available at the District office. (5) Reimbursement Requests; The liaison agent may submit periodic reimbursement requests during the project period in accordance with Rule b6B-2.011, F.A.C. The project manager will approve or disapprove all reimbursement requests. The final payment of program funds will be made upon certified completion of the project by the District. {6) Project Inspection: Upon reasonable request, the project manager shall have the right to inspect the project and any and all records relating to the project. (7} Project Completion: The project shall be completed within three {3) years of the date of the beginning of the District's first fiscal year for which the project was approved. Exhibit B If the completion of a project is impacted by a declared state of emergency and the Board waives this rule section, the extension of time granted shall not exceed one additional three (3) year period. {8) Project Completion Requirements: Upon completion of the project, the liaison agent shall provide the following to the project manager: (a} A Project Completion Certificate, FIND Forth No. 90-13 (effective date 7-30-02}, hereby incorporated by reference and available from the District office, which certifies that the project was completed in accordance with the project agreement and the final project plans. (6) A final reimbursement request accompanied by all required billing statements and vouchers. (c) Photograph(s) showing the installation F.A.C. {d} Photograph(s) of the completed of the sign required by Rule 66B~2.013, project clearly showing the program improvements. (9) Project Completion Review: The project manager will review the project completion package and will authorize ar reject the final reimbursement payment which will include all retained funds from previous requests. Spec fc Au#horiry 374.975(2) FS. Lnw Implemen#ed 374.976(1) FS. History-Ne~v 12-17-90, Formerly 16T-2.009, ~lmertdecl3-2t-Oi, 7-30-02. 66B-2.O1 f -Reimbursement. The District shall release program funds in accordance with the terms and conditions set forth in the project agreement. This release of program funds shall be on a reimbursement only basis. The District shall reimburse the project sponsor far project costs expended on the project in accordance with the project agreement. Project funds to be reimbursed will require the submission of a Reimbursement Request Form and required supporting documents, FIND Form No. 90-14 (effective date 7-30-02} hereby incorporated by reference and available from the District office. (1) Authorized Expenditures: Project funds shall not be spent except as consistent with the project agreement cost estimate that was approved by the Board, which shall be an attachment to the project agreement. This cost estimate will establish the maximum funding assistance provided by the District and the percentage of funding provided by each party to the project. The District will pay the lesser of: (a) The percentage total of project funding that the Board has agreed to fund, or {b) The maximum application funding assistance amount. ( 2) Phase I Reimbursement; In accordance with these rules, reimbursement cannot be made an a Phase I application until a construction contract is executed by the applicant far the construction phase of the project. If the Phase I project is completed but a construction contract is not executed by the three (3) year project deadline, then the District shall only allow one {1} year from the Phase I project deadline to enter into the required construction contract before the Phase I funding is cancelled. (3) Reimbursement Requests: All project costs shall be reported to the District and summarized on the Reimbursement Request Form. A11 requests for reimbursement shall include supporting documentation such as billing statements far work performed and Exhibit B cancelled payment vouchers for expenditures made. (4) Retainage; The District shall retain ten percent {10%) of all reimbursement payments until final certif cation of completion of the project. The District shall withhold any reimbursement payment, either in whole or part, far non-compliance with the terms of this agreement. {5) Check Presentations: A District representative shall present the final reimbursement check to the project sponsor during a public commission meeting or public dedication ceremony for the project facility. Specific Authority 374.976(2) FS Lativ Impler~rented 374.976(1) FS. History-Netiv 12-17-9D, Ame~ided 6-24-93, Formerly 16T-2.011, ~4mended 3-31-99, 7-30-02. 66B-2.012 -Accountability. The following procedures shall govern the accountability of program funds: (1) Accounting: Each project sponsor is responsible far maintaining an accounting system which meets generally accepted accounting principles and for maintaining such financial records as necessary to properly account for all program funds. (2) Quarterly Repoz•ts: The projec# sponsor shall submit quarterly project status reports to FIND in accordance with subsection 66B-2.009(4), F.A.C. (3) Completion Certification: All required fnal completion cez•tification documents and materials as outlined in subsection 66B-2.009($), F.A.C., of this rule shall be submitted to the District prior to final reimbursement of program funds. (~#) Auditing: All project records including project costs shall be available for review by the District or by an auditor selected by the District for 3 years after completion of the project. Any such audit expenses incurred shall be borne entirely by the project sponsor. (S) Project Records: The project sponsor shall retain all records supporting project costs for three years after either the completion of the project or the final reimbursement payment, whichever is Iater, except that should any litigation, claim, or special audit arise before the expiration of the three year period, the project sponsor shall retain alI records until the final resolution of such matters. (6) Repayment: If it is found by any State, County, FIND, ar independent audit that program funds have not been used in accordance with this rule and applicable laws, the project sponsor shall repay the misused program funds to the District. Specific Authority 374.976(.2) F.S. L~rw Lnplemented 374.976{f) FS History-New 12-17-90, Far-r~erly I67' 2.012, Amended 7-30-02 66B-2.013 - Aclcnowledge~nent, The project sponsor shall erect a permanent sign, approved by the District, at the entrance to the project site which indicates the District's participation in the project. This sign shall contain the FIND logo. In the event that the project sponsor erects a temporary construction sign, this sign shall also recognize the District's participation. If the final product of the project is a report, study or other publication, the District's sponsorship of that publication shall be prominently indicated at the beginning of the publication. If the project results in an educational display, the District's logo and a statement of the Exhibit B District's paz•ticipation in the project shall be contained in the display. Rulemakitrg atriltority 374976(2) F'S. Law Implemented 374.976(1) FS History-~Vew 12-17-9~, Formerly 16T-2.01.3, amended 2-22-1 D. b6B-2.01~t -Small-Seale SpoiC 1<sland Restoration and Enhancement Projects. Proposals shall be accepted for the restoration or enhancement of spoil islands and natueal islands within the District's waterways for recreational, navigational, educational, and environmental purposes. The applicable provisions of this rule apply to these applications with the following additions or exceptions; (1) Application Procedure - A Request far Proposals procedure will be used to request proposals for consideration. Proposals shall follow the format described in FIND Document #03-02, Call for Proposals -Small-Scale Spoil Island Restoration and Enhancement Program (effective date 7-30-02), hereby incorporated by reference and available from the District office. Proposals may be submitted to the District and considered by the Board at any time during the year. {2) Matching Funds: Small-scale spoil island restoration and enhancement may qualify for up to ninety percent (90%) program funds. The applicant's ten percent (10°/©) matching funds may include in-kind contribution pursuant to paragraph 66B-2.014(4}(b), F.A,C. {3} Eligibility: All proposals must meet the following eligibility criteria to be considered for funding: (a} Management Plan Compliance: Projects shall be in compliance with the provisions of any Spoil Island Management Plans or other management plans that govern the Project site. (b) Property Control: The Project Sponsor must have written propezty z•ights on the Project site to construct and maintain the Project for a minimum of five years. Such propez•ty rights can be in the form of a lease, interlacal agreement, use agreement or other legal form approved by the District. {4) Funds Allocation: Funds shall be allocated pursuant to Rule 6bB-2.005, F.A.C., subject to the exceptions identified in this rule, and with the following additions: (a) The District shall fund a maximum of up to $7,500 per project, not to exceed $22,500 per County, per fiscal year. {b) The Project Sponsor may contribute in-kind construction labor; such in-kind construction labor costs will not be counted by the District as exceeding $10.00 per hour. No administrative costs can be incorporated into the Project as Project costs. {c} The' funding provided by the District shall only be allocated for specific Project expenses such as construction materials, plant materials, herbicides, etc. The funding provided by the District shall not be allocated for parties, food or beverages. (5) Hold Harmless Waiver: A11 volunteers, who az•e not government employees, shall sign a hold harmless waiver Form No. 02-01 (New 7-30-02) as approved by the District and hereby incorporated by reference and available from the District off ce. Specific authority 374.976(2) FS Law Implemented 374.976(1) FS History--New 7-3Q-02, amended 4-24-06. G6B-2,015 -Small-Scale Derelict Vessel Removal Projects. Exhibit B Proposals shall be accepted for financial assistance for the removal of derelict vessels within the District's waterways. The applicable provisions of this rule apply to these applications with the following additions or exceptions: (l) Application Procedure -• Applications shall be submitted on a completed FIND Form No, OS-OI {SmaII-Scale Derelict Vessel Removal Program) (effective date 4-24- 06), and FIND Form No. OI-OG (Small-Scale Derelict Vessel Removal Program -- Project Cost Estimate), (effective date 4-24-06), hereby incorporated by reference and available from the District office. Applications may be submitted to the District and considered by the Board at any time during the year. {2} The District shall only fund applicants that have identified derelict vessels to be removed and have a current bid for removal far such vessels, or have completed the removal of such vessels within the 6 months preceding the application, subject to eligibility under these program rules. (3) The program must be sponsored by an eligible government agency or not-for= profit organization, {4) District funding shall be limited to $20,000.00 per county, per year, provided on a reimbursement basis only. The limitation on pre-agreement expenses may be waived by the Board in accordance with subsection 66B-2.005(3}, F.A.C. (5) The eligible applicant must provide the remaining matching funds far project completion. In no case shall the District's cost-share contribution exceed 75% of the total project costs, In-house project management or administration costs are not eligible costs or matching costs. (6) The derelict vessel must be located in the District's Waterways, as defined in Rule 66B-2.003, F.A.C. (7) The District shall be recognized when possible in all wxitten, audio or vzdefl advertising and promotions as a participating sponsor of the program. {8} The funding provided by the District shall only be allocated for removal of derelict vessels. The District is providing program reimbursement funds only and shall be held harmless with regards to the activities initiated by the applicant, (9) The applicant shall be responsible for all maintenance, management, disposal and operating expenses associated with the program. {10) Funds derived from the sale of any derelict vessels or vessel parts zemoved through this grant program must be reinvested into the applicant's derelict vessel removal program. {ll) The District Beard shall make all final decisions concerning the provision. of funding for this program. Specifrc Authority 374.975(2) FS ~.a4v Implemented 374.976(1) I'S. History-New 4-24-Ob, Amended 4-15-~7, 3-25-0$. EXHIBIT C FLORIDA INLAND NAVIGATION DISTRICT ASSISTANCE PROGRAM Matching Fnnds Certification Sponsor: Project Title: Project #: I hereby certify that the above referenced project Sponsor, as of October OI, 20^, has the required matching funds for the accomplishment of the referenced project in accordance with the Waterways Assistance Program Project Agreement between the Florida Inland Navigation District and the Sponsor, dated ~ Project Liaison Name: Project Liaison Signature: Date: *S. 837.06 Florida Statutes, False official statements. _ Whoever knowingly makes a false statement in writing with the intent to mislead a public servant in the performance of his or her official duty shall be guilty of a misdemeanor of the second degree, punishable as provided in s, 775.082 or s. 775.083 F.S. FIND Form No. 95-01 New 9/9195 (revised 7-30-02) EXHIBIT D FLORIDA INLAND NAVIGATION DISTRICT ASSISTANCE PROGRAM PAYMENT REIMBURSEMENT REQUEST FORM PROJECT NAME: PROJECT SPONSOR: Amount of Assistance All Funds Previously Requested ~ Balance Available Funds Requested Less Retainage (-10% unless final) &- Check Amount Balance Available Less Check Amount Balance Remaining Expense Description (Should correspond to Cast Estimate Sheet Categories in Exhibit "B") FIND - Farm Na. 30-14 Effective Date 7-30-02) PROJECT #: BILLING #: SCHEDULE OF EXPENDITURES Check No. Total Vendor Name and Date Cost Applicant FIND COSt COSt (NOTE; Signature Required on Page 2} FIND -Farm No. 90-14 Page Two Expense Description {Should correspond to Cost Estimate Sheet Categories in Exhibit "B") EXHIBIT D {CONTINUED SCHEDULE OF EXPENDITURES Check No. Total Vendor Name and Date Cost Applicant FIND Cost Cost Certification for Reimbursement: I certify tha# the above expenses were necessary and reasonable for the accomplishment of the approved project and that these expenses are in accordance with Exhibit "B" of the Project Agreement. Project Liaison Date *S. 837.06 Florida Statutes, False official statements. _ Whoever knowingly makes a false statement in writing with the intent to mislead a public servant in the performance of his or her official duty shall be guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 ors. 775.083 F.S. FIND -Form No. 90-14 Effective Date 7-30-02) EXHIBIT E FLORIDA INLAND NAVIGATION DISTRICT ASSISTANCE PROGRAM Project Completion Certit'ication Sponsor; Project Title: Project #: I hereby certify that the above referenced project was completed in accordance with the Assistance Program Project Agreement between the Florida Inland Navigation District and dated 20 ,and that all funds were expended in accordance with Exhibit "B" and Paragraph 1 of the Project Agreement. Project Liaison Name: Project Liaison Signature: Date: *S. 837.06 Florida Statutes, False official statements. -Whoever knowingly makes a false statement in writing with the intent to mislead a public servant in the performance of his or her official duty shall be guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 ar s. 775.083 F.S. FIND Form No. 90-13 (Effective DaEe; I2-17-90, Revised 7-30-02) EXHIBIT F ASSISTANCE PROGRAM PROJECT QUARTERLY STATUS REPORT ht :Ilww~v.aicw.or wa a df.'htrn9?method=view&wa a df,id=1 PROJECT NO. PROJECT TITLE: PROJECT SPONSOR: REPORT PERIOD Oct 1-DEC 15 ;Dec 15-Mar 1 ;Mar 1-June 15 ;June 15YSep 1_ Report Due: (Dec 30) (March 1S} (June 30) (Sep 15) WORK ACCOMPLISHED: PROBLEMS ENCOUNTERED; PERCENTAGE COMPLETION: OTHER NOTABLE ITEMS: Form No. 95-42 (Effective Date: 7-30-42) EXHrBIT G WATERWAYS ASSISTANCE PROJECT SCHEDULE OCTOBER 2010 - Project Agreement Executed, Project Initiates. DECEMBER 30, 2010 - First Quarterly Report Due. MARCH 15, 2011 - Second Quarterly Report Due. JUNE 30, 2011- Third Quarterly Report Due. SEPTEMBER 15, 2011 -Fourth Quarterly Report Due. DECEMBER 30, 2011- MARCH 15, 2012 - JUNE 30, 2012 - Fifth Quarterly Report Due. Sixth Quarterly Report Due. Seventh Quarterly Report Due, NOTE: If the project will not be completed and all close out paperwork subrrtitted by September IS`, a f•equest far a 1 year extension of the completion date of the project should be submitted with the quarterly report, SEPTEMBER O1, 201.2 - Closeout paperwork due. SEPTEMBER 30, 2012 - District finishes processing closeout paperwork, performs project inspection and submits final reimbursement check with check presentation to sponsor. . NOTE.' ANYMODIFICATIONS to the PROJECT shall require advance notice and prior written approval of the District, The appropriate timing for modifications to the project cost estimate, Exhibit I3, would be after receipt of bids. *NON-COMPLIANCE by the PROJECT SPONSOR with the reporting schedule in Exhibit B may result in revocation of this agreement pursuant to Paragraph 13 of the project agreement. .f; .,, ~ ~T~~, n w.p__.,w ,r' rr ,~i ~~ p., ui i~ ~~~tl~ . _. sue" `i+ ~__.-.- _ MEMORANDUM TO: Mayor and City Commissioners FROM: Scott Aronson, Parking Management Specialist Richard C. Hasko, PE, Director of Environmental Services THROUGH: David T. Harden, City Manager DATE: October 12, 2010 SUBJECT: AGENDA ITEM 8.E. -REGULAR COMMISSION MEETING OF OCTOBER 19, 2010 AMENDMENT TO THE PARKING LICENSE AGREEMENT/GAFFE LUNA ROSA ITEM BEFORE COMMISSION The item before the City Commission is that of approving a request from Gaffe Luna Rosa to reduce the number of days per week parking spaces in the Gleason Street Lot are utilized, as provided for in its Public Parking Lot License Agreement with the City. BACKGROUND In March, 2005 the City Commission approved a Public Parking Lot License Agreement allowing the Gaffe Luna Rosa valet service to utilize up to 40 parking spaces, at a cost of $30.00 per space, at various beach area parking lots. In February, 2009 the agreement was amended to reduce the number of spaces from 40 to 20 and consolidate the parking exclusively in the Gleason Street Lot. It is noted that the valet is permitted to use the Sandoway Lot at times the Gleason Lot is unavailable due to Church events and every Sunday unti12:00 PM in accordance with the agreement between the City and Church. In February, 2010 approval was granted to reduce operating hours of the valet queue by opening at 11:00 AM weekdays instead of 10:00 AM, and at 10:00 AM and 9:00 AM on Saturdays and Sundays respectively. The aforementioned changes have been in response to changing trends in the restaurant's business largely due to economic conditions. Furthermore, the growing popularity of the new Seagate Hotel, at 1000 East Atlantic Avenue, is creating challenges for valet employees competing with the general public for available spaces in the lot. Therefore, the applicant is requesting further modification of the agreement to limit use of the spaces to five (5) days per week, (Monday through Friday) and reduce the monthly per space fee by the appropriate percentage. The reduction of two, (2), days from a seven, (7) day week equals approximately 29% resulting in 71% weekly utilization which, if approved, would reduce the cost to $21.40 per space per month, for a reduction of $172 per month, ($30-$21.40=$8.60x20 = $172), or $2,064 annually. Approval of the request is supported by both the Downtown Master Plan and recently completed Parking Study, which advocate the creation of shared parking scenarios. Staff is also confident that reverting the 20 spaces back to use by the general public will result in increased meter revenue, in excess of the $2,064 reduced income from the Public Parking Lot Lease Agreement. RECOMMENDATION By motion, approve the request from Caffe Luna Rosa to amend the Public Parking Lot License Agreement in the Gleason Lot, to limit utilization of the 20 spaces to Monday through Friday and apply the appropriate pro-ration, reducing the cost to $21.40 per space per month; contingent upon approval of the amendment document by the City Attorney's office. MEMORANDUM TO: Mayor and City Commissioners FROM: Lula Butler, Director, Community Improvement THROUGH: David Harden, City Manager DATE: October 12, 2010 SUBJECT: AGENDA ITEM 8.F. -REGULAR COMMISSION MEETING OF OCTOBER 19, 2010 AMENDMENT NO. 1 TO THE INTERLOCAL AGREEMENT BETWEEN THE CITY AND THE COMMUNITY REDEVELOPMENT AGENCY NEIGHBORHOOD STABILIZATION PROGRAM ITEM BEFORE COMMISSION City Commission approval of Amendment No.l to the Interlocal Agreement between the City of Delray Beach and the Community Redevelopment Agency to amend the program benefits and to extend the terms of the agreement to September 30, 2012. BACKGROUND The City of Delray Beach has received $400,000 under the Neighborhood Stabilization Program (NSP) award from the Community Redevelopment Agency (CRA). The NSP funding is for the purpose of purchase, rehabilitation and disposition of REO bank-owned properties, and/or properties that are in the foreclosure process located within the CRA area. NSP Funds are to benefit Low, Moderate and Middle Income Households (LMMI). LMMI households are defined as those with incomes less than one-hundred twenty percent (120%) of Area Median Income (AMI) as determined by HUD. The City and CRA desire to amend the April 10, 2009 agreement to revise paragraph 2 of the original agreement governing the eligible activities; and paragraph 16 to extend the term of the agreement to September 30, 2012. All other terms and conditions of the April 10, 2009 agreement remain the same. The agreement is attached for your reference. RECOMMENDATION Staff recommends approval of Amendment No. 1 to the Interlocal Agreement between the City of Delray Beach and the Community Redevelopment Agency as proposed. AMENDMENT N0.1 TO THE INTERLOCAL AGREEMENT BETWEEN THE CITY OF DELRAY BEACH AND THE DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY FOR FUNDING THE FORECLOSURE PROGRAM IN PARTNERSHIP WITH THE CITY'S NEIGHBORHOOD STABILIZATION PROGRAM THIS AMENDMENT NO. 1 to the Interlocal Agreement dated April l0, 2009, between. the CITY OF DELRAY BEACH, hereinafter referred to as "City," and the DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY, hereinafter referred to as "CRA", is hereby entered into this day of , 2010. WITNESSETH: WHEREAS, the City and CRA entered into an Agreement dated April 10, 2009, {"Original Agreement") for the acquisition, rehabilitation, and disposition of foreclosed homes; and WHEREAS, the parties desire to amend the Original Agreement in order to revise the repayment teams. NOW, THEREFORE, in consideration of the rxzutual covenants and promises herein contained, the parties hereby agree as follows: 1. Recitals. The recitals set forth above are hereby incorporated as if fatly set forth herein. 2. That Paragraph 2 of the Original Agreerx~ent shall be amended in its entirety to read as follows: 2. Fundin for Foreclosure Pro ram/Nei hborhood Stabilization Program. The CRA shall provide funding, in an amount not to exceed Four Hundred Thousand and 001100 Dollars {$400,000.00), (the "Funds") for the acquisition, rehabilitation and disposition of REO "bank awned" properties, and/or properties that are in the foreclosure process, located within the City's Community Redevelopment Area, pursuant to the City's Neighborhood Stabilization Program (the "Program"). The CRA shall provide the Funds to the City na latex than ten (l0) days of the effective date of this Agreement. The City shall utilize the Funds in conjunction with the Program funds that the City received from the Florida Department of Community Affairs ("DCA"}. CRA funds may be used for property acquisition, rehabilitation, real estate commissions, developers fees, appraisals, legal fees, and other associated costs. Homes acquired with CRA funds are to be sold to income eligible households pursuant to NSP program guidelines. Proceeds from the sale of homes acquired with CRA funds shall be used on a revolving basis by the City, as provided above, until the expiration of this Agreement, at which time, all original CRA funds that are unexpended, as well as proceeds from the sale of homes purchased and/or rehabilitated with CRA funds which have not been expended on additional home acquisitions ar rehabilitations, shall be paid to the CRA. 3. That Paragraph l6, "Term", of the Original Agreement shall be amended in its entirety to read as follows: l6. Ternn. This Agreement shall be valid from the date of execution up to and including September 30, 2012. The Term may be extended for additional terms through the execution of a written amendment to this Agreement executed by both parties. 4. ~ All other terms and conditions of the Original Agreement, not in conflict with this Amendment No. 1, shall remain in full farce and effect. IN WITNESS OF THE FOREGOING, the parties have set their hands and seals on the day and year written above. ATTEST: City Clerk CITY OF DELRAY REACH, FLORIDA By: Approved as to form: City Attorney 2 Nelson S. McDuffie, Mayor ATTEST: Diane Colonna, Executive Dire or STATE OF FLORIDA COUNTY OF PALM BEACH DELRAY BEACH COMMTJNITY REDEVELOPMENT AGENCY By: Howard Lewis, Chair The foregoing instrument was acknowledged before me this 3~ day of S ~ P•`"F •~.e~-~; 2010, by ~ y ~ F~-~- ~ /_ ~ ~ r s ....._ as .~. C /~ rJ, -2 t~ r~-~ (name of officer or agent, title of officer or agent}, of 1J ~' L ~~~ ~ ~/-~~ /r C ~' ~- (name v of corporation acknowledging), a L~~~.~- (state or place of incorporation) corporation, on behalf of the corporation. H_e/She is personally known to me or has produced (type of identi lca on as z en z ica on. ~. y~ Not ublic - State o Florida `~~~lY ~,,, JEAN 34t00REfIELD :r~4Pa ~;~~: Notary PuhltC • State at Flvrtda _ Ny Comm, Expires Jun 22, 2013 f~N',;~oFV~°:~p' iiQmmtssi0n # DD 864701 ~~~~«~~ Bonded through hlattanal Notary Assn. DNT: dnt H:12 0 0610 60 0 1 8 DBCRAlAG1V1T 20101Amendment #1 to 1V5P Agt - DRAk'1'l.dvc 3 MEMORANDUM TO: Mayor and City Commissioners FROM: Lula Butler, Director, Community Improvement THROUGH: David Harden, City Manager DATE: October 12, 2010 SUBJECT: AGENDA ITEM 8.G. -REGULAR COMMISSION MEETING OF OCTOBER 19, 2010 PROFESSIONAL SERVICES VENDOR LIST/NEIGHBORHOOD STABILIZATION PROGRAM (NSPI ITEM BEFORE COMMISSION City Commission approval of the list of additional General Contractors for Professional Services required to carry-out activities under the Neighborhood Stabilization Program (NSP) solicited under RFQ 08-2010NS Part V, contingent on the same being approved by the Florida Department of Community Affairs. BACKGROUND On September 2, 2010, the City publicized a Request for Qualification (RFQ 08-2010NS Part V) to obtain additional general contractors to provide rehabilitation services for NSP properties. Responses were received on September 23, 2010, from twelve (12) companies, four (4) of which were determined to be qualified to provide services for rehabilitation and construction, in accordance with City purchasing policies and the specifications of the RFQ. A tabulation of responses and a ranking sheet are attached for your review. The total cost of repairs for housing units acquired will be determined on a case by case basis. Staff is recommending the following companies be approved for the professional services designated after executing the required agreement with the City. Construction Services All-Site Construction CJ Contracting, LLC. Haywood Construction JMW Construction Corporation RECOMMENDATION Staff is recommending City Commission approval of the list of additional qualified General Contractors in response to the City's RFQ 08-2010NS Part V contingent on approval by DCA. r ~ o d ~ o .~ d p ~~~ O J ~ o ~ E ._ p aH~ J w- ~ y -'• y ' V a N O ~ N A ~,1 M y r-_ 0 O O O N M d MM C ~ 00 ~+ d M 7 T ~~ C O V O N d 0 0 N ~~ O N O N M~ N ~+ a U A O tM0 O ~ uMi p T N N +>'+ O T V tN0 +L+ t0 C N N~ <0 ~ O N r r C t0 C ~ C M~ N N M£ L v0i U t N~ V N ~U M W f= V ~ ~ ~ M y m M °' W ~ i C y '~ N A m ~ £ ; M aLL L Q N "'' y A A y 0 y ~ ~ L H M A A N d N r a Q Q M r M OO m E ~ ~ M M ~ Y M t1 CLL a m ~ ~ t V DJ Z O N LL ~ _ wa LL ~. ~ ~ + °a .~ S O LLZ of u'y Z~ a=' °°> y _ N ~ d N~ FL ~ , ~ ~ .~ ~ G~ ~ 0 ~ ~ ~ ~ ~ u id ma o O ~ ~+J N ~ V (~ v y~ ~ ~ _ (~j ~ O ~ O ~ ~ Q fA fA fA O fA fA W N ~ . Q. 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N O ~ (6 m .c C U -O fn 2i c O ~ CJ ~ c O ~ N "' ~ U ~ -O (6 C -O ... y O - - ~ vl O L E ~ O N N (~. H O O N vOi d O_ _ .... N L.L S E U~ E fn U y E c U (6 ~~ E~ U p 0 (6 O .... A _ O ~~ c (6 O c ~ N ~ . ~ U c N -O U C O O T L_ c O ~ O ~ N ."" .0.. '~ .0.. ~ .0.. O_ ~ O .0.. Y E U N ~~ ~ O O ~ C U N U 0 0~ U O C d 2' O O~ O Q ~ W' Q= p c O Q p U U Q U ~ Q 0 c a~ O -° ~ O~ ~ O O C O O a w a ~ -o -o -o - U W W W ¢ -O W E ~ O O O N O -O (~ N U d ~ ~ c~ L -O ~ H U H O H~~ H O C d d ~ ~ O -O ~ .~ O c N LS~J .~ (6 ~ ~ U N O_ U ~ U U ~ U .~ N ~ _ a ` ~ ~ ~ N ~ ~ 0 O O d U ~ d ~ C E O O L E W~ W c ~ W L O W -o -o O ' H ~ U ~ O O N O i ' ~ ~ W W W H W d ~ ~ U (6 ~ ~ ti -o ai N a~ (6 ~ ti -o U l ~ U ~ U fn Q Q O O N M V LfJ CO 1~ W 67 MEMORANDUM TO: Mayor and City Commissioners FROM: Lula Butler, Director, Community Improvement THROUGH: David Harden, City Manager DATE: October 12, 2010 SUBJECT: AGENDA ITEM 8.H. -REGULAR COMMISSION MEETING OF OCTOBER 19, 2010 AMENDMENT NO.3 TO DISASTER RECOVERY INITIATIVE AGREEMENT/ PALM BEACH COUNTY ITEM BEFORE COMMISSION City Commission Approval of the amended agreement between the City of Delray Beach and Palm Beach County for the Disaster Recovery Initiative (DRI) Housing Rehabilitation Program. BACKGROUND At the January 31, 2008 meeting, City Commission approved an Agreement between the City and Palm Beach County for $980,000 to complete up to 24 housing rehabilitation projects for income-eligible residents who suffered damages from Hurricane Wilma. There are currently 17 housing rehab projects underway, some completed and others in various stages of the process. The original deadline to expend funds was December 31, 2008, however, the County agreed to extend this deadline to August 15, 2009 (Amendment 1 -approved by Commission on December 2, 2008) and February 15, 2010 (Amendment 2 -approved by Commission on September 10, 2009). The County has agreed to an additional time extension, Amendment #3, setting the new deadline to expend remaining funds for the period of February 16, 2010 through September 16, 2011. RECOMMENDATION Staff recommends approval of Amendment #3 of the Agreement between the City and Palm Beach County for the DRI Housing Rehabilitation Program in order to extend the deadline for completion to September 16, 2011. AGREEMENT BETWEEN PALM BEACH COUNTY AND CITY OF DELRAY BEACH THIS AGREEMENT, entered into this day of , 20, by and between Palm Beach County, a political subdivision of the State of Florida, and the City of Delray Beach, a municipality dulyorganized and existing byvirtue ofthe laws ofthe State of Florida, having its principal office at 100 NW 1st Avenue, Delray Beach, FL 33444. WHEREAS, Palm Beach County has entered into a Contract (number 07DB-3V-10-60-01-Z07) with the State of Florida, Department of Community Affairs, in connection with the State's 2005 Disaster Recovery Initiative Program which the State is implementing for the use of grant funds provided by the United States Department of Housing and Urban Development under its Community Development Block Grant Program; and WHEREAS, the City of Delray Beach was allocated certain funds under said Contract to implement specified activities under the 2005 Disaster Recovery Initiative Program; and WHEREAS, Palm Beach County desires to engage the Citv of Delray Beach to implement the activities associated with the funds allocated to it. NOW, THEREFORE, in consideration of the mutual promises and covenants herein contained, it is agreed as follows: PARTI DEFINITIONS PURPOSE AND APPLICABLE CONDITIONS DEFINITIONS (1) "County" means Palm Beach County. (2) "CDBG" means the Community Development Block Grant Program of the United States Department of Housing and Urban Development. {3) "HCD" means Palm Beach County Housing and Community Development. {4) "Municipality" means the City of Delray Beach. {5) "State" means the State of Florida, Department of Community Affairs. {6) "Contract" means contract number 07DB-3V-10-60-01-Z07 between Palm Beach County and the State of Florida, Department of Community Affairs. {7) "HCD Approval" means the written approval of the HCD Director or his designee. {8) "U.S. HUD" means the Secretary of Housing and Urban Development or a person authorized to act on its behalf. 2. PURPOSE The purpose of this Agreement is to state the covenants and conditions under which the Municipality will implement the Scope of Services set forth in Part II of this Agreement. All the beneficiaries of a project funded under this Agreement shall below income households whose household incomes are within 80% of the median income for the West Palm Beach -Boca Raton Metropolitan Statistical Area adjusted by family size, as determined by HCD in its sole discretion. Page 1 of 37 City of Delray Beach 3. APPLICABLE CONDITIQNS The Municipality shall be bound by the Contract to the extent applicable to this Agreement. Furthermore, the conditions applicable to the activities undertaken in connection with this Agreement shall include but not be limited to those listed below (as they may be amended from time to time). Palm Beach County's failure to list verbatim or make reference to a regulation, statute, ordinance, reference, or any other document affecting the Municipality, shall not relieve the Municipality of compliance with any applicable regulation, statute, ordinance, or any other document not listed below. The County reserves the right, but not the obligation, to inform the Municipality of any such applicable regulation, statute, ordinance, or any other document, and to require the Municipality to comply with the same. 1. CommunityDevelopmentBlock Grant, Final Rule, 24 C.F.R., Part 570; 2.Florida Small and Minority Business Act, s 288.702-288.714, F.S.; 3.Florida Coastal Zone Protection Act, s 161.52-161.58, F.S.; 4. Local Government Comprehensive Planning and Land Development Regulation Act, Ch. 163, F.S.; S.Title I of the Housing and Community Development Act of 1974, as amended; 6. Treasury Circular 1075 regarding drawdown of CDBG funds; 7.Sections 290.0401-290.049, F.S.; 8.Rule Chapter 9B-43, Fla Admin. Code.; 9. Department of Community Affairs Technical Memorandums; 10.HUD Circular Memorandums applicable to the Small Cities CDBG Program; 11.Single Audit Act of 1984; 12.National Environmental Policy Act of 1969 and other provisions of lawwhich further the purpose of this Act; 13.National Historic Preservation Act of 1966 (Public Law 89-665) as amended and Protection of Historic Properties (24 C.F.R., part 800); 14.Preservation of Archaeological and Historical Data Act of 1966; 15.Executive Order 11593 -Protection and Enhancement of Cultural Environment; 16.Reservoir Salvage Act; 17.Safe Drinking Water Act of 1974, as amended; 18.Endangered Species Act of 1958, as amended; 19.Executive Order 12898 -Environmental Justice 20.Executive Order 11988 and 24 C.F.R. Part 55- Floodplain Management; 21.The Federal Water Pollution Control Ac# of 1972, as amended (33 U.S.C., s 1251 et. seq.); 22. Executive Order 11990 - Protection of Wetlands; 23.Coastal Zone Management Act of 1968, as amended; 24.Wild and. Scenic Rivers Act of 1968, as amended; 25.CIean Air Act of 1977; 26.HUD Environmental Standards (24 C.F.R. Part 58); 27.Farmland Protection Policy Act of 1981; 28.CIean Water Act of 1977; 29. Davis -Bacon Act; 30.Contract Work Hours and Safety Standards Act of 1962, 40 U.S.C. s. 327 et. seq.; 31.The Wildlife Coordination Act of 1958, as amended; 32.The Solid Waste Disposal Act, as amended by the Resource Conserva#ion and Recovery Act of 1975 (42 U.S.C., s. 6901 et. seq.; 33.Noise Abatement and Control: Departmental Policy Implementation, Responsibilities and Standards, 24 C.F.R. Part 51, Subpart B; 34.FIood Disaster Protection Act of 1973, P.L. 92-234; 35. Protection of Historic and Cultural Properties under HUD Programs, 24 C.F.R. Part 59; 36.Coastal Zone Management Act of 1972, P.L. 92-583; 37.Architectural and Construction Standards; 38.Architectural Barriers Act of 1968, 42 U.S.C. 4151; 39. Executive Order 11296, relating to the evaluation of flood hazards; 40.Executive Order 11288, relating to prevention, control and abatement of water pollution; 41.Cost-Effective Energy Conservation Standards, 24 C.F.R., Part 39; 42.Section 8 Existing Housing Quality Standards, 24 C.F.R., Part 882; 43.Coastal Barrier Resource Act of 1982; 44.Federal Fair Labor Standards Act, 29 U.S.C. s. 201 et. seq.; 45.Title VI of the Civil Rights Act of 1964 - Non- discrimination; 46.Title VII of the Civil Rights Act of 1968 - Non- discrimination in housing; 47.Age Discrimination Act of 1975; 48.Executive Order 12892 -Fair Housing; 49.Section 109 of the Housing and Community Development Act of 1974, Non- discrimination; 50.Section 504 of the Rehabilitation Act of 1973 and 24 C.F.R., Part 8; 51. Executive Order 11063 -Equal Opportunity in Housing; 52.Executive Order 11246 -Non-discrimination; 53.Section 3 of the Housing and Urban Development Act of 1968, as amended - Employment /Training of Lower Income Residents and Local Business Contracting; 54.Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, P.L. 100-17, and 49 C.F.R. Part 24; 55.Copeland Anti-Kickback Act of 1924; 56.Hatch Act; 57.Title IV Lead-Based Paint Poisoning Prevention Act (42 U.S.C. s. 1251 et. seq.); 58.OMB Circulars A-87, A-122 and A-133, as revised; 59.Administrative Requirements for Grants, 24 C.F.R. Part 85; 60.Section 102 of the Department of Housing and Urban Development Reform Act of 1989 and 24 C.F.R. Part 12; 61.Emergency Rule 9BER05-2, CDBG Disaster Recovery Funds; 62.HUD program requirements for disaster recovery projects as published in Federal Register, Vol. 69, No. 237 (December 10, 2004) [Docket No. FR-4959 - N-01 ]. Page 2 of 37 .City of Delray Beach SCOPE OF SERVICES PART i l The Municipality shall, in a satisfactory and proper manner as determined by HCD, perform the tasks necessary to conduct the program outlined in Exhibit "A" as attached hereto and made a part hereof. PART III COMPENSATION TIME OF PERFORMANCE METHOD AND CONDITIONS OF PAYMENT MAXIMUM COMPENSATION The Municipality agrees to accept as full payment for services rendered pursuant to this Agreement the actual amount of budgeted, eligible, and HCD Director ordesignee-approved expenditures and encumbrances made by the Municipality under this Agreement, which sha[I not be unreasonably withheld. Said services shall be performed in a manner satisfactory to HCD. In no event shall the total compensation or reimbursement to be paid hereunder exceed the maximum and total authorized sum of $698,659.29 (as more specifically detailed in Exhibit A hereto) for the period of February 16, 2010 through and including September 16, 2011. Any funds not obligated by the expiration date of this Agreement shall automatically revert to the County. TIME OF PERFORMANCE The effective date of this Agreement and all rights and duties designated hereunder are contingent upon the timely release of funds forthis project under State Contract number 07DB- 3V-10-60-01-~07. The effective date shall be the date of execution of this Agreement, and the services of the Municipality shall be undertaken and completed in light of the purposes of this Agreement. In any event; all services required hereunder shall be completed by the Municipality prior to September 16, 2011. METHOD OF PAYMENT The County agrees to make payments and to reimburse the Municipalityfor all budgeted costs permitted by Federal, State, and County guidelines. The Municipality shall not request reimbursement for payments made by the Municipality before the effective date of this Agreement, nor shall it request reimbursement for payments made after the expiration date of this Agreement, and in no event shall the County provide advance funding to the Municipality or any subcontractors hereunder. The Municipality shall request payments or reimbursements from the County bysubmifting to HCD properdocumentation ofexpenditures consisting of originals of invoices, receipts, or other evidence of indebtedness, and when original documents cannot be presented, the Municipality may furnish copies if deemed acceptable by HCD. Each request for payment or reimbursement submitted by the Municipality shall be accompanied by a letter from the Municipality, provided on the Municipality's letterhead, referencing the name of the project funded herein, the date of this Agreement andlor its document number, and containing a statement requesting the payment or reimbursement and its amount, as well as the name and signature of the person making the request. Payment shall be made by the Palm Beach County Finance Department upon presentation of the aforesaid properdocumentation ofexpenditures asapproved by HCD. The Municipality may at any time after the expiration of this agreement request from the County reimbursement for payments made by the Municipality during the term of this Agreement by submitting to HCD the aforesaid proper documentation ofexpenditures, and the Palm Beach County Finance Department shall make payment as stated above, provided that HCD has determined that the funds allocated to the Municipality through this agreement are still available for payment, and .provided that HCD approves such paymenf. 4. CONDITIONS ON WHICH PAYMENT IS CONTINGENT (1) IMPLEMENTATION OF PROJECT ACCORDING TO REQUIRED PROCEDURES The Municipality shall implement this Agreement in accordance with applicable Federal, State, and County laws, ordinances and codes and with the procedures outlined in HCD Policies and Procedures memoranda. The Federal, State, and County laws, ordinances and codes are minimal regulations supplemented by more restrictive guidelines set forth by HCD. No payments for projects funded by more than one funding source will be made until a cost allocation plan has been approved by the HCD Director or designee. Should a project receive additional funding after the commencement of this Agreement, the Municipality shall notify HCD in writing within thirty (30) days of receiving notification from the funding source and submit a cost allocation plan for approval by the HCD Director or designee within forty-five (45}days of said official notification. Page 3 of 37 ..,City of Delray Beach (2) FINANCIAL ACCOUNTABILITY The County may have a financial systems analysis and/or an audit of the Municipality, or of any of its subcontractors, by an independent auditing firm employed by the County or by the County internal Audit Department at any time the County deems necessary to determine if the project is being managed in accordance with Federal, State, and County requirements. (3) SUBCONTRACTS Any work or services subcontracted hereunder shall be specifically by written contract, written agreement, or purchase order. All subcontracts shall be submitted by the Municipality to HCD and approved by HCD prior to execution of any subcontract ' hereunder. All subcontracts shall be subject to Federal, State and County laws and regulations. This includes ensuring that all consultant contracts and fee schedules meet the minimum standards as established by the Palm Beach County Engineering Department and U.S. HUD. Contracts for architecture, engineering, survey, and planning shall be fixed fee contracts. All additional services shall have prior written approval with support documentation detailing categories of persons performing work plus hourly rates including benefits, number of drawings required, and all items that justify the "Fixed Fee Contract." Reimbursables will be at cost. None of the work or services covered by this Agreement, Including, but not limited to, consultant work or services, shall be subcontracted or reimbursed without prior written approval of the HCD Director or his designee. (4) PURCHASING All purchasing for services and goods, including capital equipment, shall be made by purchase order or by a written contract and in conformity with the procedures prescribed by the Palm Beach County Purchasing Code, as well as Federal Manage- ment Circulars A-87, A-102, A-128, and 24CFR Part 85 (also known as the Common Rule), which are incorporated herein by reference. (5) REPORTS, AUDITS, AND EVALUATIONS Payment will be contingent on the timely receipt of complete and accurate reports required by this Agreement, and on the resolution of monitoring or audit findings I identified pursuant to this Agreement. (6) ADDITIONAL HCD COUNTY AND U.S. HUD REQUIREMENTS HCD shall have the right under this Agreement to suspend or terminate payments if after 15 days written notice the Municipality has not complied with any additional conditions that may be imposed, at any time, by HCD, the County, the State, or U.S. HUD. (7) PRIOR WRITTEN APPROVALS-SUMMARY The fcflowing activities. among others require the prior written approval of the HCD Director or designee to be eligible for reimbursement or payment: (a) All subcontracts and agreements pursuant to this Agreement; (b) All change orders; (c) All requests to utilize uncommitted funds after the expiration ofthis Agreement for programs described in Exhibit A. (8) PROGRAM-GENERATED INCOME All income earned by the Municipality from activities financed in whole or in part by funds provided hereunder must be reported to HCD. Such income would include, but not be limited to, income from service fees, sale of commodities, and rental or usage fees. Such income shall only be used to undertake the activities authorized by this Agreement. Accounting and disbursement of such income shall comply with OMB Circular A-110 and other applicable regulations incorporated herein by reference. PART iV GENERAL CONDITIONS OPPORTUNITIES FOR RESIDENTS AND CIVIL RIGHTS COMPLIANCE The Municipality agrees that no person shall on the ground of race, color, disability, national origin, religion, age, financial status, familial status, marital status, sexual orientation, or gender, be excluded from the benefits of, or be subjected to discrimination under any activity carried out by the performance of this Agreement. Upon receipt of evidence of such discrimination, the County shall have the right to terminate this Agreement. Page 4 of 37 City of Delray Beach To the greatest extent feasible, lower-income residents of the project areas shall be given opportunities fortraining and employment; and to the greatestfeasible extent eligible business concerns located in or owned insubstantial part by persons residing in the project areas shall be awarded contracts in connection with the project. The Municipality shall comply with the Section 3 Clause of the Housing and Community Development Act of 1968. 2. OPPORTUNITIES FOR SMALL AND MINORITY/WOMEN-OWNED BUSINESS ENTERPRISES In the procurement of supplies, equipment, construction, or services to implement this Agreement, the Municipality shall make a positive effort to utilize small business and minority/women-owned business enterprises of supplies and services, and provide these sources the maximum feasible opportunity to compete for contracts to be performed pursuant to this Agreement. To the maximum extentfeasiblethesesmallbusinessandminority/women- owned business enterprises shall be located in or owned by residents of the CDBG areas designated by Palm Beach County in the CDBG Annual Consolidated Plan approved by U.S. HUD. 3. PROGRAM BENEFICIARIES All the beneficiaries of a project funded under this Agreement shall be low income households whose household incomes are within 80% of the median income for the West Palm Beach - Boca~Raton Metropolitan Statistical Area adjusted by family size, as determined by HCD in its sole discretion. The projectfunded underthis Agreement shall assist beneficiaries as defined above for the time period designated in this Agreement. The Municipality shall provide written verification of compliance to HCD upon HCD's request. EVALUATION AND MONITORING The Municipality agrees that HCD will carry out periodic monitoring and evaluation activities as determined necessary by HGD or the County and that payment, reimbursement, or the continuation of this Agreement is dependent upon satisfactory evaluation conclusions based on the terms of this Agreement. The Municipality agrees to furnish upon request to HCD, the County, or the County's designees copies of transcriptions of such records and information as is determined necessary by HCD or the County. The Municipality shall submit status reports required under this Agreement on forms approved by HCD to enable HCD to evaluate progress. The Municipafty shall provide information as requested by HCD to enable HCD to complete reports required by the County or HUD. The Municipality shall allow HCD, the County, the State, or HUD to monitor the Municipality on site. Such visits may be scheduled or unscheduled as determined by HCD, the State, or HUD. AUDITS AND INSPECTIONS At anytime during normal business hours and as often as HCD, the County, U.S. HUD, orthe Comptroller General of the United States may deem necessary, there shall be made available by the Municipality to HCD, the County, U.S. HUD, orthe Comptroller General for examination alf its records with respect to all matters covered by this Agreement. If during the year, the Municipality expends over $500,000 of Federal awards, the Municipality shall complywith the provisions of OM6 CircularA-133. The Municipalityshallsubmit asingle audit, including any management letter, made in accordance with the general program requirements of OMB Circulars A-110, A-122, A-133, and other applicable regulations within the earlier of, 30 days after7eceipt of the auditor's report(s), or nine (9) months after the end of the audit period in which HCD-administered funds are expended. Said audit shall be made by a Certified Public Accountant of the Municipality's choosing, subject to the County's approval. In the event the Municipality anticipates a delay in producing such audit, the Municipality shall request an extension in advance of the deadline. The cost of said audit shall be borne by the Municipality. In the event the Municipality is exempt from having an audit conducted under A-133, the Municipality shall submit audited financial statements and/or the County reserves the right to conduct a "limited scope audit" of the Municipality as defined by A-133. The County will be responsible for providing technical assistance to the Municipality, as deemed necessary by the County. UNIFORM ADMINISTRATIVE REQUIREMENTS The Municipality agrees to comply with the applicable uniform administrative requirements as described in Federal Community Development Block Grant Regulations 24 CFR 570.502. Page 5 of 37 City of Delray Beach 7. REVERSION OF ASSETS Upon expiration of this Agreement, the Municipality shall transfer to the County any CDBG funds on hand at the time of expiration and any accounts receivable attributable to the use of CDBG funds. Any real property under the Municipality's control upon expiration of this Agreement which was acquired or improved in whole or part with CDBG in the excess of $25,000 must either be used to meet one of the national objectives in Federal Community Development Block Grant Regulations 24 CFR 570.508 for a period of five years after expiration of this Agreement (unless a longer period is specified elsewhere in this Agreement}, or, the Municipality shall pay the County an amount equal to the current market value of the property less any portion of the value attributable to expenditures of non-CDBG funds for the acquisition of, or improvement to, the property. 8. DATA BECOMES COUNTY PROPERTY All reports, plans, surveys, information, documents, maps, and other data procedures developed, prepared, assembled, or completed by the Municipality for the purpose of this Agreement shall be made available to the County by the Municipality at anytime upon request by the County or HCD. Upon completion of all work contemplated under this Agreement copies of all documents and records relating to this Agreement shall be surrendered to HCD if requested. In any event the Municipality shall keep all documents and records for five (5) years after expiration of this Agreement. Notwithstanding any other provision in this Agreement, all documents, records, reports and any other materials produced hereunder shall be subject to disclosure, inspection and audit, pursuant to the Palm Beach County Office of Inspector General Ordinance 2009-049, as may be amended. 9. INDEMNIFICATION Each parry to this Agreement shall be liable for its own actions and negligence and, to the extent permitted by law, the County shall indemnify, defend, and held harmless the Municipality against any actions, claims, or damages arising out of the County's negligence in connection with this Agreement, and the Municipality shall indemnify, defend, and hold harmless the County against any actions, claims, or damages arising out of the Municipality's negligence in connection with this Agreement. The Municipality shall also hold the State harmless against all claims of whatever nature arising out of the Municipality's performance of work under this Agreement, to extent allowed and required by law. The foregoing indemnification shall not constitute a waiver of sovereign immunity beyond the limits set forth in Florida Statute, section 768.28, nor shall the same be construed to constitute agreement by either partyto indemnifythe other partyforsuch other party's negligent, willful or intentional acts or omissions. The Municipality shall hold the County harmless and shall indemnify the Countyforfunds which the County is obligated to refund the State orthe Federal Government arising out of the conduct of activities and administration of the Municipality. The provisions of this indemnification clause shall survive the termination of this Agreement. 10. INSURANCE Without waiving the right to sovereign immunity as provided by Florida Statute, Chapter 768.28, the Municipality reserves the right to self-insure for General Liability and Automobile Liability under Florida's sovereign immunity statute with coverage limits of $100,000 Per Person and $200,000 Per Occurrence; or such monetary waiver limits that may change and be set forth by the legislature. In the event the Municipality maintains Commercial General Liability or Business Auto Liability, the Municipality agrees to maintain said insurance policies at limits not less than $100,000 Per Person and $200,000 Per Occurrence. The Municipality agrees to endorse Palm Beach County Board of County Commissioners as an "Additional Insured" to the Commercial General Liability, but only with respect to negligence other than County's negligence arising out of this project or Agreement. This paragraph does not apply to liability policies which afford only indemnity based claims-bill coverage. The Municipality agrees to maintain, or self-insure, Worker's Compensation & Employer's Liability insurance in accordance with Florida Statute, Chapter 440. The Municipality agrees to provide a statement, or Certificate of Insurance, evidencing insurance orself-insurance for the above required coverages, which the Municipality shall deliver to HCD at its office at 100 Australian Avenue, Suite 500, West Palm Beach, Florida 33406. The Municipality agrees its self-insurance or insurance shall be primary as respects to any coverage afforded to or maintained by County. The Municipalityagrees compliance with theforegoing insurance requirements is not intended to nor construed to relieve the Municipality of its liability and obligations under this Agreement. Page 6 of 37 .City of Delray Beach 11. MAINTENANCE OF EFFORT The intent and purpose of this Agreement is to increase the availability of the Municipality's services. This Agreement is not to substitute for or replace existing or planned projects or activities of the Municipality. The Municipality agrees to maintain a level of activities and expenditures, planned or existing, for projects similar to those being assisted under this Agreement which is not less than that level existing prior to this Agreement. 12. CONFLICT OF INTEREST The Municipality covenants that no person who presently exercises any functions or responsibilities in connection with the Project, has any personal financial interest, direct or indirect, in the target areas or any parcels therein, which would conflict in any manner or degree with the performance of this Agreement and that no person having any conflict of interest shall be employed by or subcontracted by the Municipality. Any possible conflict of interest on the part of the Municipality or its employees shall be disclosed in writing to HCD provided, however, that this paragraph shall be interpreted in such a manner so as not to unreasonably impede the statutory requirement that maximum opportunity be provided for employment of and participation of low and moderate-income residents of the project area. 13. CITIZEN PARTICIPATIQN The Municipality shall cooperate with HCD in the implementation of the Citizen Participation Plan by establishing a citizen participation process to keep residents informed of the activities the Municipality is undertaking in carrying out the provisions of this Agreement. Representatives of the Municipality shall attend meetings and assist HCD in the implementation of the Citizen Participation Plan, as requested by HCD. 14. RECOGNITION All facilities purchased or constructed pursuant to this Agreement shall be clearly identified as to funding source. The Municipality will include a reference to the financial support herein provided by HCD in al] publications and publicity. In addition, the Municipalitywil[ make a good faith effort to recognize HCD's support for al! activities made possible with funds made available under this Agreement. 15. AGREEMENT DOCUMENTS The following documents are herein incorporated by reference and made a part hereof, and shall constitute and be referred to as the Agreement; and all of said documents taken as a whole constitute the Agreement between the parties hereto and are as fully a part of the Agreement as if they were set forth verbatim and at length herein: (1) This Agreement, including its Exhibits; (2} Office of Management and Budget Circulars A-87, A-102, A-133, and 24CFR Part 85; (3) Title VI of the Civil Rights Act of 1964, the Age Discrimination Act of 1975, and Title I I of the Americans with Disabilities Act of 1990; (4} Executive Orders 11246, 11478, 11625, 12432, the Davis Bacon Act, and Section 3 of the Housing and Community Development Act of 1968, and the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended; (5) Executive Orders 11063, 12259, 12892, the Fair Housing Act of 1988, and Section 109 of the Housing and Community Development Act of 1974, as amended; (6) Florida Statutes, Chapter 112; {7) Palm Beach County Purchasing Code; {8) Federal Community Development Block Grant Regulations (24 CFR Part 570), as amended; {9) The Municipality's personnel policies and job descriptions; and (10) The Municipality's Certificate of Insurance. (11) Contract number 07DB-3V-10-60-01-Z07 between Palm Beach County and the State of Florida, Department of Community Affairs. All of these documents will be maintained on file at HCD. The Municipality shall keep an original of this Agreement, including its Exhibits, and all amendments thereto, on file at its principal office. Page 7 of 37 City of Delray Beach 16. TERMINATION In event of termination for any of the following reasons, all finished or unfinished documents, data studies, surveys, drawings, maps, models, photographs, reports prepared, and capital equipment secured by the Municipality with funds under this Agreement shall be returned to HCD or the County. In the event of termination, the Municipality shall not be relieved of liability to the County for damages sustained by the County by virtue of any breach of the Agreement by the Municipality, and the County maywithhold any payment to the Municipalityfor set-off purposes until such time as the exact amount of damages due to the County from the Municipality is determined. (1) TERMINATION FOR CAUSE If through any cause either party shall fail to fulfill in a timely and proper manner its obligations under this Agreement, or if either party shall violate any of the covenants, agreements, or stipulations of this Agreement, either party shall thereupon have the right to terminate this Agreement in whole or part by giving a fifteen (15) working day written notice of such termination to the other party and specifying therein the effective date of termination. (2) TERMINATION DUE TO CESSATION In the event the grant to the County under the Contract is suspended or terminated, this Agreement shall be suspended or terminated effective on the date the Sate specifies. 17. SEVERABILITY OF PROVISIONS If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected thereby if such remainder would then continue to conform to the terms and requirements of applicable law. 18. AMENDMENTS The County may, at its discretion, amend this Agreement to conform with changes required by Federal, State, County, or U.S. HUD guidelines, directives, and objectives. Such amendments shall be incorporated by written amendment as a part of this Agreement and shall be subject to approval of the Palm Beach County Board of County Commissioners. Except as otherwise provided herein, no amendment to this Agreement shall be binding on either party unless in writing, approved by the Board of County Commissioners and the governing body of the Municipality, and signed by both parties. 19. NOTICES All notices required to be given under this Agreement shall be sufficient when delivered to HCD at its office at 100 Australian Avenue, Suite 500, West Palm Beach, Florida 33406, and to the Municipality when delivered to its address on page one (1) of this Agreement. 20. INDEPENDENT AGENT AND EMPLOYEES The Municipality agrees that, in all matters relating to this Agreement, it will be acting as an independent agent and that its employees are not Palm Beach County employees and are not subject to the County provisions of the law applicable to County employees relative to employ- ment, hours of work, rates of compensation, leave, unemployment compensation and employee benefits. 21. NO FORFEITURE The rights of the County under this Agreement shall be cumulative and failure on the part of the County to exercise promptly any rights given hereunder shall not operate to forfeit orwaive any of the said rights. 22. PUBLIC ENTITY CRIMES As provided in F.S. 287.133 by entering into this Agreement or performing any work in furtherance hereof, the Municipality certifies that it, its affiliates, suppliers, subcontractors and consultants who will perform hereunder, have not been placed on the convicted vendor list maintained by the State of Florida Department of Management Services within the 36 months immediately preceding the date hereof. This notice is required by F.S. 287.133 (3)(a). Page 8 of 37 City of Delray Beach 23. PALM BEACH COUNTY OFFICE OF THE INSPECTOR GENERAL Pursuant to Ordinance No. 2009-049, Palm Beach County has established the Office of the [nspector General, which is authorized and empowered to review past, present and proposed County agreements, contracts, transactions, accounts and records. All parties doing business with the County and receiving County funds, including the Municipality, shall fully cocperate with the Inspector General. The Inspector General has the power to subpoena witnesses, administer oaths, require the production of records, and to audit, investigate, monitor, and inspect the activities of the Municipality, its officers, agents, employees, and lobbyists in order to ensure compliance with this Agreement and to detect waste, corruption and fraud. 24. COUNTERPARTS OF THE AGREEMENT This Agreement, consisting of thirty-seven ($7} enumerated pages which include the exhibits referenced herein, shall be executed in three (3) counterparts, each of which sha[I be deemed to be an original, and such counterparts will constitute one and the same instrument. A copy of this Agreement shall be filed with the Clerk of the Circuit Court in and for Palm Beach County. 25. ENTIRE UNDERSTANDWG This Agreement and its provisions merge any prior agreements, if any, between the parties hereto and constitutes the entire understanding. The parties hereby acknowledge that there have been and are no representations, warranties, covenants, or undertakings other than those expressly set forth herein. WITNESS our Hands and Seals on this day of 20____ (MUNICIPALITY SEAL BELOW) CITY OF DELRAY BEACH By: BY: Nelson S. McDuffie, Mayor By: Chevelle D. Nubin, City Clerk BY: Attorney for Municipality (Signature Optional} PALM BEACH COUNTY, FLORIDA, a Political Subdivision of the State of Florida FOR ITS BOARD OF COUNTY COMMISSIONERS Shannon R. LaRocque-Baas, P.E. Assistant County Administrator Approved as to Form and Approved as to Terms and Conditions Legal Sufficiency Dept. of Housing and Community Development By: By: Tammy K. Fields Amin Houry, Manager Senior Assistant County Attorney Housing and Capital Improvements S:1Caplm prv\2005DisasterRecoveryl n iti ativelRehabProgramslDel rayBeachL4gm t_f~o3_M uni.wpd Page 9 of 37 ,City ofi Delray Beach EXHIBIT A WORK PROGRAM NARRATIVE THE PARTIES AGREE THAT: A. PRIOR AGREEMENT: The project contained in this Agreement is a continuation of the project contained in a prior agreement between the Agency and the County (R2008-1482} dated January 31, 2008, as amended by Amendment 001 (R2009-0208) on February 3, 2009, and by Amendment 002 (R2009-1972} on November 17, 2009 (collectively hereinafter the "First Agreement"), and a continuation of the project contained in a prior agreement between the Agency and the Gounty dated June 22, 2010 (hereinafter the "Second Agreement"). The terms and conditions of said FirstAgreement and Second Agreement are incorporated herein by reference. B. ELIGIBLE PAYMENTS AND/OR REIMBURSEMENTS: All payments and/or reimbursements deemed eligible under the First Agreement shall be eligible under this Agreement. C. PROJECT ACCOMPLISHMENTS:The project requirements contained in the FirstAgreement are repeated herein in substantial form. Changes have been made in order to update these requirements for this Agreement. The parties recognize that the following project activities have~been accomplished, and where indicated below, the County has paid andlor reimbursed the Agency for such project activities: (a) The Municipality has accepted applications, processed applicantfiles, received funding approval from the Countyfor homeowners, expended funds on rehabilitation activities, and received reimbursement from the County in the amount of $252,376.28 from the $939,119 allocated for rehabilitation construction costs and related expenses regarded as eligible under the First Agreement. (b) The Municipality has employed an Inspector in connection with the rehabilitation activities outlined herein, submitted payroll forms and related documents for the work of the Inspector, and received reimbursement from the County in the amount of $28,964.43 from the $35,881 allocated for the services of an Inspector under the First Agreement. II. THE MUNICIPALITY AGREES TO: A. OVERVIEW: The purpose of this Agreement is to make funds available to the Municipality under the State of Florida funded 2005 Disaster Recovery Initiative Program to enable the Municipality to implement a rehabilitation program ("Program") in conjunction with which it may provide technical and financial assistance to qualified low income property owners (as defined herein) who reside in detached one dwelling structures (entirely used for residential purposes) and located within its municipal boundaries. Assistance under the Program shall be provided in order to rehabilitate and upgrade these structures to meet applicable housing and building codes and in order to effectuate repairs of damages caused by Hurricane Wilma. Work on these properties may for example include roofing, electrical, plumbing, structural repairs, painting, doors, windows, and hurricane protection, provided that these repairs are practical and feasible. The Municipality plans to assist twenty four (24) households. The final number of homes addressed with funding made available under this Agreement shall depend on the actual cost of undertaken projects, and therefore may vary from the stated number. B. REGULATORY STANDARDS: The regulatory standards applicable to the activities undertaken in connection with this Agreement shall include but not be limited to the ones listed below, and those enumerated elsewhere in this Agreement. Palm Beach County's failure to list verbatim or make reference to a regulation, statute, ordinance, reference, oranyotherdocumentaffecting the Municipality, shall not relieve the Municipality of compliance with any applicable regulation, statute, ordinance, or any other document not listed below. The County reserves the right, but not the obligation, to inform the Municipality of any such applicable regulation, statute, ordinance, or any other document, and to require the Municipality to comply with the same. HUD: U. S. Department of Housing and Urban Development regulations (24 CFR Part 570). HUD: U. S. Department of Housing and Urban Development regulations (24 CFR Part 35). HUD: HUD Guidelines for the Evaluation and Control of Lead Hazards in Housing. TITLE X: Title X -Residential Lead-Based Paint Hazard Reduction Act of 1992. EPA: U.S. Environment Protection Agency regulations (40 CFR Part 745). EPA: U.S. Environment Protection Agency regulations (40 CFR Part 61 ). OSHA: Occupational Safety and Health Administration regulations (29 CFR Part 1926). PBC: Palm Beach County Purchasing Code. Page 10 of 37 City of Delray Beach The Municipality recognizes and understands that the applicable regulations, statutes, ordinances, or all other applicable documents may be amended from time to time during the term of this Agreement. The Municipaiity agrees to abide by all such amendments as relates to the activities undertaken in connection with this Agreement, and as determined by HCD. The Municipality recognizes and understands that during the term of this Agreement, new regulations, statutes, ordinances, and other applicable documents may be issued that affect the activities undertaken in connection with this Agreement. The Municipality agrees to abide by all such new regulations, statutes, ordinances, and other applicable documents as determined by HCD. Should, after the execution of this Agreement, it be discovered that requirements concerning certain activities to be undertaken in connection with the Agreement are absent, the parties agree to abide by the decision of the State on such requirements. In the instance that the State elects not to provide a decision on an absent requirement, or allows for a local choice in the matter, the parties agree that all requirements pertaining to any such matter shall be at the discretion of the County. C. PROGRAM ADMINISTRATOR: The Municipality shall designate an employee of the Municipality to be the "Program Administrator" in connection with projects undertaken under this Agreement, and notify HCD of the identity if such Program Administrator. The Program Administrator shall act as the primary contact person between HCD staff and persons designated by the Municipality to be involved in implementing projects undertaken underthis Agreement. In addition to channeling communication from and to HCD and the Municipality, and from and to HCD and the above described designated persons, the Program Administrator shall review all materials and files submitted by the Municipality to HCD in connection with this Agreement, and shall be the recipient of all materials and files provided by HCD to the Municipality. The Program Administrator shall track and maintain awareness of the status and progress of all undertaken projects and submit the reports required hereunder. D. PROGRAM INSPECTOR: The Municipalityshall employan "Inspector" in connection with this Agreement. The Inspector shall be able to carry out the tasks described in this Agreement and be able to demonstrate the qualifications that enable him/her to do so. The Inspector shall at minimum perform inspections of residential structuresforcompliancewithhousing and building codes, determine the feasibility of undertaking rehabilitation, prepare construction specifications and cost estimates, review construction bids, inspect rehabilitation construction work in progress, and review and approve contractor payment requests. The Inspector shall be able to review lead- based paint inspection and risk assessment reports and de#ermine the actions to be taken to comply with federal lead-based paint regulations, maintain inspection records and reports, prepare change orders, initiate various notification letters and conduct necessary correspondence. If the Municipality wishes to request HCD for reimbursement of that portion of the Inspector's salary which is attributable to work done in connection with this Agreement, then the Municipality shall provide HCD the following as apre-requisite to its reimbursement request for each Inspector: -Documentation showing that the position of the Inspector (if such position was filled as a new position as a result of this Agreement} was competitively solicited prior to the Inspector's appointment to the position, and showing that the opening for this position was advertised in a public forum to elicit applications from other prospective applicants. - A copy of the letter notifying the Inspector of his/her appointment to this position. - Documentation showing the annual or hourly salary paid for the position of Inspector. - Personnel policy relating to vacation and sick leave. When requesting reimbursement for the Inspector's work hours in connection with this Agreement, the Municipality shall submit the following: -With each reimbursement request, a copy of the daily time sheets which account for all time worked by the inspector on ail assignments. These time sheets must be detailed enough to allow HCD staff to distinguish between hours worked on rehabilitation projects being pursued in connection with this Agreement and other hours worked by the Inspector. The time sheets must also show the specific tasks undertaken by the Inspector on such projects as well as the time taken to complete each task. The Municipality shall ensure that time is kept to regular hours as much as possible and shall ensure that no excessive overtime is spent on these projects. -With each reimbursement request, copies of the payrolls and paychecks to the Inspector corresponding to the above time sheets, as well as copies of documents proving that FICA was paid for the period corresponding to the one for which the reimbursement is being claimed. Page 11 of 37 ,City of Delray Beach PROGRAM ADVISOR: The Municipality shall employ an "Advisor" in connection with this Agreement. The Advisor may be an employee of the Municipality or a qualified consultant under contract with the Municipality. If the Municipality elects to retain a consultant to provide the services of an Advisor, and if it wishes to be reimbursed by the County for its consultant expenses, the Municipality shall procure the services of such consultant in accord with the requirements of this Agreement. In such instance, the Municipality shall submit its request for proposal for consultant services package to HCD and obtain a letter of approval prior to soliciting proposals, and the Municipality shall obtain HCD approval prior to awarding the contract for these consultant services. The Advisor shall be able to carry out the tasks described in this Agreement and be able to demonstrate the qualifications that enable him/her to do so. The Advisor shall at minimum perform a variety of program implementation tasks including the participant application process, the applicant eligibilitydetermination process, financial underwriting, loan closing, and expenditure tracking and reconciliation. F. OUTREACH AND APPLICANT SELECTION: The Municipality's outreach effort in publicizing the rehabilitation program being undertaken in connection with this Agreement shall include announcements at public meetings, announcements in local newspapers, distribution offlyers/brochures to affected residents, and the placement of notices at City Hall and the Municipality's neighborhood resource center. The Municipality shall develop, publish to its residents, and use its own selection method for applicants to be funded underthis Agreement, provided that such method is fair and equitable, and provided that it does not in any manner violate any of the provisions contained in this Agreement. G. THE APPLICATION PROCESS: The Municipality shall invite each selected applicant to submit a written, signed, and dated application (for the purposes of this Agreement, al[ owners of a property to be rehabilitated who reside at such property shall be regarded as applicants, and "applicant" as referred to herein shall also mean the plural term "applicants"). The Municipality shall advise the applicant of the Program's objective and explain the type of work undertaken under the Program without specific reference to the applicant's property. Applicants shall be advised that the primary purpose of the Program is to address property deficiencies to the extent practicable and feasible to meet applicable housing and building code standards and to effectuate repairs of damages caused by Hurricane Wilma. Applicants shall be advised of Program requirements to receive assistance and the steps involved in the rehabilitation process and their role in it. Applicants shall also be informed of the financing arrangements available under the Program. The application shall solicit information about the applicant such as: - Name of applicant(s) and any other household members residing at the property (whether related to the property owner or not) and relationship to property owners} as well as contact telephone numbers. - Address of the property, legal description and the Property Control Number. - Social security numbers, dates of birth of applicant{s}and ages of household members. - Employment information on all household members. - All other income for the household including: wages, salaries, bonuses, pensions, social security, disability, unemployment, self employment, rental income, interest, dividends, public assistance, alimony, child support, and income derived from assets. - A listing of all assets owned by the applicant(s) and their associated value. - Information about any mortgages on the property. - Insurance information including name of insurer, agent, address, policy number, and type, amount, and dates of coverage. In conjunction with accepting an application from a selected applicant, each such applicant shall be asked to submit documentation in support of the application such as copies of: deed, mortgage(s), pay stubs, driver's license, social security card, death certificates, the last IRS tax return (last two returns for self-employed persons}, and copies of insurance policies. The Municipality shall obtain from the applicant for the applicant's file a copy of the driver's license or other picture identification document for each adult household member of the applicant, and shall obtain a copy of the social security card for each household member. Page 12 of 37 City of Delray Beach At the time of application submission, a preliminary review shall be made of the information provided and the applicant shall be requested to sign certain pertinent release forms that enable the Municipality to verify information in the application with outside parties. Other such forms shall also be signed by the applicant at later times as the need arises in the process of reviewing the application. These release forms forexample include: employmentverificatlon, social security benefits verification, and pension verification. In order to avoid any duplication of benefits, applicants shall be asked to provide signed certifications regarding the receipt of any insurance, SBA, or FEMA payments for damages to the property resulting from Hurricane Wilma. The Municipality shall devise a certification form to be used by each applicant to certify whether or not the applicant received any insurance payments (which certification form shall be placed in the applicant's file). In addition, each applicant shall be required to sign a release form to be submitted to FEMA (provided herein as Exhibit B}for the purpose of verifying the receipt of any FEMA payments in connection with damages resulting from Hurricane Wilma. The Municipality shall fax this release form to FEMA with a request for information, regardless of whether the applicant applied for, or received, any FEMA assistance, and place FEMA's response in the applicant's file. The County shall provide the Municipality with FEMA contact information at a later date. Furthermore, the Municipality shall verify whether the applicant received any assistance from the United States Small Business Administration (SBA} by verifying the presence of the applicant's name on a list of SBA recipients to be provided by the County to the Municipality at a later date. The Advisor shall complete sign and place a form in the applicant's file indicating whether the applicant's name appears on SBA's list. At time of application, the Municipality shall establish whether the applicant's property suffered damages from Hurricane Wilma. As a condition for receiving assistance, each applicant must be documented as having had damage to their home from Hurricane Wilma by means of: - a certification from the Municipality, or - a copy of a FEMA verification/claim, or - an insurance claim, or - an affidavit from the applicant that is attested by the Municipality. At time of application, the Municipality shall provide each applicant with a lead hazard information pamphlet entitled "Protect Your Family From Lead In Your Home", informing applicants of the potential risk of lead hazard exposure from renovation activity that may be performed in their homes, and the Municipality shall obtain from the applicant a signed receipt indicating that the applicant has received the stated pamphlet which receipt shall be placed in the applicant's file. In conjunction with accepting an application from a selected applicant, the Municipality shall determine and document the "year built" of the applicant's home. The source to be used for "year built" information shall be the Palm Beach County Property Appraiser whose data may be accessed through the Internet at httpa/www.co.palm-beach.fl.us/papa/index.htm. The Municipality shall obtain a print out ofthe "year built" information and place it in the file foreach applicant. H. THE INITIAL INSPECTION PROCESS: The Inspector shall perform an inspection of the property proposed for rehabilitation for the purpose of assessing the conditions of the property and to determine if rehabilitation is necessary and feasible. If the Inspector determines that the property did not sustain any damages from Hurricane Wilma, then the Municipality shall reject the application for assistance by providing the applicant written notice of such determination. If the Inspector determines that the property did sustain damages from Hurricane Wilma (as supported by the documentation mentioned above), then the inspector shall determine if the repair of such damages as well as the work needed to address all housing and building code violations is feasible within the funding limits of the program. In making this determination special attention shall be given to un-permitted additions and un- permitted enclosures. Un-permitted additions and un-permitted enclosures that can be practically improved as part of the rehabilitation process, and within the funding limits, maybe undertaken. Un-permitted additions and un-permitted enclosures that cannot be practically improved as part of the rehabilitation process, and within the funding limits, shall be removed in conjunction with the rehabilitation process. Page 13 of 37 City of Delray Beach Rehabilitation shall be deemed "feasible" when the cost of complying with the requirements of the Program as specified in this Agreement can be achieved within the funding limits established for the Program. That is, the cost of meeting the requirements of applicable code standards, hurricane damage repairs, lead-based paint remediation, hurricane protection, etc. In the event that the cost of complying with the requirements of the Program exceeds the funding limits established for this Program, rehabilitation may still be deemed "feasible" if the sum of the amount funded through this Program as specified in this Agreement plus amounts funded bythe applicant (such as SBA/FEMA payments, insurance proceeds, orthe applicant's personal funds) are sufficient to meet the cost of complying with the requirements of the Program. In this regard, after considering the amount of funding per applicant as allowed by this Agreement, and any SBA/FEMA payments and insurance proceeds, the Advisor shall discuss the anticipated costs with the applicant, and explore the possibility and potential of the applicant providing the gap in funds needed for the project. As part of this discussion, the Advisor shall not only consider the rehabilitation cost estimate provided by the inspector, but a€so other associated costs such as mortgage recording fees and termite treatment costs. Pursuant to this discussion, the Municipality shall then reach a decision whether to further pursue the project based on the ability of the applicant to fund the aforesaid gap from the applicant's resources or from a lender. Upon determining that a project cannot be undertaken based on the above (that is, the project is not feasible), the Municipality shall issue the applicant an application rejection letter in which it shall provide the reason for the rejection. For every such rejected project, the Inspector shall prepare a cost estimate to be maintained in the applicant's file to support such a determination. The Municipality shall proceed with processing projects that are deemed feasible. For projects built before January 1, 1978, that are feasible, the Municipality shall obtain alead-based paint inspection/risk assessment report as specified below. At the time of application intake or at any time thereafter during contact with an applicant or a household member of the applicant, if the Advisorfinds out about a disability of the applicant or a household member of the applicant, the Advisor shall [nform the Municipality's Inspector of such finding. Alternatively, the Inspector may find ouf about such a disability based on contact with an applicant or a household member. After determining that a project is feasible, and in conjunction with preparing a work write-up for a project, the inspector shall obtain an affidavitfrom the applicant regarding the disability (if the disability affects a household member who is not a minor, either that person or the applicant may provide the affidavit). The Inspector may use a general affidavit form for this purpose. The affidavit must identify the person with the disability, it must describe the disability to the affiant's besfi knowledge, and it must describe the remedies proposed by the affiant to accommodate the disability that can be undertaken through the Program. The Municipality is encouraged to suggest the inclusion of any remedies that can be undertaken by the Program that come to its attention while in contact with the applicant, with household members, or while inspecting the property. The Munici ali is cautioned nofi to omit an information the affiant wishes to ut in the affidavit. The original affidavit must be placed in the applicant's fi€e, and a copy must be presented with the work write-up when that is submitted to HCD for approval before bidding as required below. HCD shall examine the contents of the affidavit to determine if the work write-up has sufficiently addressed the accommodations needed, and consult with the County Attorney's office when necessary to achieve appropriate accommodation. In this regard, the Municipality is reminded that in addition to physical impairments that may be encountered, disabilities may also include neurological impairments, mental impairments, and emotional impairments that might come to its attention. During its discussions with the applicant or a household member of the applicant, the Municipality shall inquire: a) if the disability is expected to be of long, continued, and indefinite duration, b) if the disability substantially impedes the person's ability to live independently, and c) if the disabled person's ability to live independently can be improved by more suitable housing conditions. The Municipality shall inform the applicant that disclosure of a disability will in no way affect the application for assistance. Page 14 of 37 City of Delray Beach THE VERIFICATION PROCESS: During this process, the Advisor shall verify the information provided by the applicant with outside parties, and obtain additional information that is necessary in reaching a decision on whether to proceed with the project or not. The verification process shall include: (a) INCOME VERIFICATION: The Municipality shall obtain written income verificaticn of the applicant's household in order to establish eligibility under the Program. A household is defined as: "All persons who occupy a housing unit. The occupants may be a single family, one person living alone, two or more families living together, or any other group of related or unrelated persons who share living arrangements (24CFR Part 570)". A household shall be regarded as being eligible to receive assistance underthe Program if the projected prevailing rate of household annual income received from all sources by household size is at or below 80% of the applicable median family income for the West Palm Beach-Boca Raton Metropolitan Statistical Area. The current median income and schedule of qualifying incomes by household size shall be as revised and published in the Federal Register by HUD from time to time. The household annual income information to be used for eligibility determination under the Program shall be that in effect on the date funding is approved for each applicant. Annual income of all household members shall be determined according to the HUD Section 8 method. In this regard, it should be noted that the HUD Section 8 method of computing income in part takes into account income from assets (actual and imputed, as applicable). Income shall be verified through use of verification forms signed by the pertinent household member au#horizing verification by the source of income or by obtaining documentation produced by a third party that establishes income information. Verification forms may include forms such as: -employment verification - unemployment benefit verification - pension benefit verification - social security benefit verification -disability benefit verification -veteran's benefit verification -verification of benefits administered by HRS -interest income verification Each income earning household member must provide a signed copy of their last IRS return including attachments (last 2 returns for aself-employed person). It is recognized that IRS rules do not require the filing of a return if a person's income for example is below a certain amount as established by the 1RS and revised from time to time. In such instance where an income-earning household member does not file a return, a notation shall be so indicated on the application form. The Municipality shall, for each adult household member who does not earn any income, obtain an affidavit from such household member indicating that no income is earned by such person. In the course of establishing and verifying household income for each applicant, the Municipality shall reconcile annual income information with annual household expenses reported by the applicant or determined by the Municipality. While reviewing this income and expense dais, the Municipality shall examine such data for consistency allowing for reasonable living expenses of the household (such as food, clothing, and transportation}. Where annual obligations and other househoid expenses (such as mortgage payments, car loans, utilities, and real estate taxes) appear to constitute substantial portions of household income not allowing room for reasonable living expenses, the Municipality shall further investigate annual income and expense information with the applicant in order to resolve unreconciled differences between both. If resolution of such mafters cannot be reached to the satisfaction of HCD, the applicant's request for assistance may be suspended until satisfactorily resolved or else may be rejected. (b) TITLE VERIFICATION: The Municipality shall place in the file for each applicant copies of documents that show that the title of record to the property proposed for rehabilitation is held by the applicant (such as a deed or court order). (Tax records shall not constitute adequate proof in this regard). (Documents showing that the applicant holds a life estate in the propefij shall be acceptable}. Page 15 of 37 City of Delray Beach The Municipality shall assure that the applicant owned the property proposed for rehabilitation at the time of Hurricane Wilma on October 24, 2005. If the applicant is not able to demonstrate compliance with this requirement, the Municipality shall reject the applicant from participation in the Program in writing. A copy of the rejection letter shall be maintained in the applicant's file. (c) REAL ESTATE TAX VERIFICATION: The Municipality shall place in the file for each applicant copies of documents that show that the real estate taxes for the property proposed for rehabilitation have been paid in full. (d) MORTGAGE VERIFICATION: In order to avoid funding an applicant who has mortgage obligations that are delinquent and that may lead to foreclosure and eventual loss of the property proposed for rehabilitation, the Municipality shall verify with the mortgagee that mortgage payments are current. Applicants, determined to have delinquent mortgage payments or who are In foreclosure shall be rejected by the Municipality in writing after having given the applicant a reasonable period of time to correct these conditions. Copies of rejection letters shall be maintained in the applicant's file. (e} INSURANCE VERIFICATION: The Municipality shall document that the applicant, at minimum, maintains homeowner insurance on the property proposed for rehabilitation. If the property is in a flood zone "A" or flood zone "V", the applicant shall be required to maintain flood insurance on the property and the Municipality shall, before closing, maintain documentation evidencing such insurance coverage in the applicant's file. Such coverage shall be at least equal to the sum of the anticipated mortgage encumbrance against the properly resulting from this Program and the balance of all other senior mortgage encumbrances against the property. The applicant shall also provide copies of all insurance claims, insurance settlements, and insurance payments received in connection with damages to the property. The Municipality shall obtain from the applicant an affidavit in connection with all insurance funds received by the applicant for damages to the property. If the applicant did not receive any insurance funds for damages to the property, then the Municipality shall obtain from the applicant an affidavit to that effect to be placed in the applicant's file. (f) ENVIRONMENTAL REVIEW: The Municipalityshall complete an environmental review checklist for each property proposed for rehabilitation In accord with the requirement of 24 CFR Part 58 and maintain such in the applicant's file. In addition, the Municipality shall complete the Categorical Exclusion Suggested Format form provided herein as Exhibit C and submit such form with its required documentation to HCD for review and approval. The Municipality shall rectify all matters brought to its attention by HCD that are related to the contents of the Categorical Exclusion Suggested Format form as a precondition to proceeding with the project. (g) LEAD-BASED PAINT VERIFICATION: All dwelling units built before January 1, 1978, shall be inspected for the presence of lead-based paint as required by applicable lead- based paint regulations. The Municipality shall retain the services of an EPA certified lead-based paint inspector, who is also an EPA certified lead-based paint risk assessor to perform asurface-by-surface investigation (of all interior and exterior painted, stained, varnished or shellacked surfaces, regardless of whether or not such surfaces will be disturbed in course of rehabilitation) inorder todetermine the presence of lead- based paint, and shall submit to HCD a report containing the results of the inspection and risk assessment. The report shall identify surfaces containing lead-based paint which are in a stable condition (regarded not to constitute a hazard}, and surfaces which contain lead-based paint and which are deteriorated or subjected to friction or impact (regarded to constitute a hazard}. The findings of the report shall be used by the Municipality in preparing the work items intended to accomplish lead-based paint remediation, and shall be used for the preparation and provision of the Lead-based Paint Notice of Evaluation and/or Presumption as required by applicable regulations. The services of the lead-based paint inspector/risk assessor retained by the Municipality shall be procured in accord with the requirements of this Agreement if the Municipality wishes to be reimbursed by the County for the cost of these services. In such instance, the Municipality shall submit its request for proposals for consultant services package to HCD and obtain a letter of approval prior to soliciting proposals, and the Municipalityshall obtain HCD approval prior to awarding the contractforthese consultant services. (It is suggested that the above services also include the clearance testing services mentioned below). Page 16 of 37 City of Delray Beach The Municipality shall pay the lead-based paint inspector/risk assessor for the above mentioned reports and clearance testing services as approved by HCD, and request HCD for reimbursement of such costs. The County shall reimburse the Municipality for such costs as provided in this Agreement. THE WORK WRITE-UP PREPARATION PROCESS: If upon review of the information verified through the preceding process the applicant appears to be qualified, a work write=up shall be prepared by the Inspectorforthe rehabilitation project. The work write-up shall contains a detailed list of construction specifications the execution of which will correct the deficiencies at the property and will upgrade the property to the extent practicable and feasible to applicable housing and building code standards (including the HUD Section 8 Housing Quality Standards). The work write-up shall also contain items to address lead-based paint remediation, hurricane protection, energy efficiency and conservation, and ones that are intended for the removal of architectural barriers and the correction of damages caused by Hurricane Wilma. (a) CODE RELATED ITEMS: These are work item that are intended to correct code violations, that is the correction of deficiencies at the property which are not in compliance with applicable housing and building code standards (including the HUD Section 8 Housing Quality Standards). These items may also include compliance with any historic preservation requirements applicable to the property. (b) HURRICANE PROTECTION ITEMS: The work write-up shall include work items that address hurricane protection as required by code. Additional hurricane protection measures not required by code may be included in the work write-up to the extent practicable and feasible. (c) HOMEOWNER ASSOCIATION REQUIREMENTS: Should the work write-up contain items that are also regulated by a homeowner association, then the work write-up shall address the requirements of the homeowner association for such items only, such as complying with color or style requirements for exterior building components, and obtaining homeowner association approval of building materials or exterior building components. In such instances the workwrite-up shall require the contractorto submit such for approval by the homeowner association prior to the commencement of the work. (d) DISABILITYACCOMMODATIONS: In the event that an applicant and/orahousehc[d member has a disability that comes to the attention of the Municipality, an affidavit shat[ be obtained from the applicant/household member which contains remedies proposed by the affiant to accommodate the disability that can be undertaken through the program as previously described. When the disability is expected to be of long, continued, and indefinite duration, and if the disability substantially impedes the person's ability to live independently, and if the disabled person's ability to live independently can be improved by more suitable housing conditions, then the work write-up sha[I include such work items (remedies proposed by the affiant) that would accommodate the disability and that can be undertaken through the Program. (e} REHABILITATION/DEMOLITION OF UN-PERMITTED ENCLOSURES AND ADDITIONS: The work write-up shall provide for the improvement of existing un- permitted additions and enclosures such that they comply with applicable codes if feasible and practical, and within the funding limits. Un-permitted additions and enclosures that are not feasible or practical to improve as part of the rehabilitation process, and within the funding limits, shall be demolished. Mortgagee/lien-holder consent to demolish shall be obtained when there are existing mortgages/liens on the property. (f) LEAD-BASED PAINT REMEDIATION: If the lead-based paint inspection/risk assessment report reveals the presence of lead-based paint at the property (or if such report leads to a presumption of the presence lead-based paint at the property), then the work write-up shall include a disclosure (and warning) as follows: - A disclosure of the building components, materials, and surfaces that have been found to contain lead-based paint or are presumed to contain lead-based paint, and that will remain at the property during and afterthe rehabilitation project, and a warning to the contractor, all subcontractors, and all their employees and workers, not to disturb any of these building components, materials, and surfaces in any manner, shape, or form. Page 17 of 37 City of Delray Beach - A disclosure of the bui€ding components, materials, and surfaces that have been found to contain lead-based paint or are presumed to contain lead-based paint, and thatwill be abated by qualified persons in connection with the rehabilitation project, and a warning to the contractor, all subcontractors, and all their employees and workers, except for persons qualified to do so, not to disturb any of these building components, materials, and surfaces in any manner, shape, or form. - A disclosure of the dust lead hazards found at the property that will be remediated by qualified persons in connection with the rehabilitation project. - A disclosure of the soil lead hazards found at the properly That will be remediated by qualified persons in connection with the rehabilitation project. The work write-up shall include items that achieve the remediation of surfaces which contain lead-based paint and which are expected to be disturbed during the process of rehabilitation construction, as well as items that achieve the remediation of surfaces which contain lead-based paint and are deteriorated or subjected to friction or impact and regarded to constitute a hazard, as well as items that address the remediation of dust and soil lead hazards. Lead-based paint remediation shall be undertaken using fihe "abatement" method which shall be performed by appropriately certified persons. The work write-up may also include items that achieve the remediation of surfaces which contain lead-based paint which are in a stable condition (regarded not to constitute a hazard) at the Municipality's option. The inclusion of such optional items may be intended tc achieve a lead free house, or where the house is permanently occupied by at least one child less than six (6) years old. The work write-up for abatement shall specify the scope of the hazard reduction activity, the lead hazard reduction duration, the status, and length in days, of occupant temporary relocation, the compliance requirements, the qualifications to perform the work, and shall require an occupant protection plan, clearance testing, and an abatement report. {g) INCLUSION OF ENVIRONMENT REVIEW REQUIREMENTS: Theworkwrite-up shall include any work required as a result of the completion of the environmental review of the property (such as noise attenuation). (h) ASBESTOS CONTAINING MATERIALS: Should the Inspector, while preparing the work write-up, encounter suspect asbestos containing materials, such as transite siding, or should the Inspector encounter a current or prior non-residential use of the property (the house and its surrounding site), then the Inspector shall inform HCD of such observation. HCD shall then cooperate with the Municipality to obtain an asbestos survey of the property in order to determine the presence of asbestos containing materials, which if found, shall be addressed in accord with applicable regulations. Each work write-up submitted to HCD shall be accompanied by a certification from the Inspector who prepared the work write-up indicating whether or not there is any evidence of a current or prior non-residential use of the property. (i) APPLICANT'S WORK WRITE-UP REVIEW AND APPROVAL: The Inspector shall review the completed work write-up with the applicant who shall sign a review and approval statement indicating: - That the work write-up has been reviewed with the applicant. -That the applicant understands the scope of work and the specifications of the work to be performed on the applicant's property. - The applicant's agreement that no changes to the work write-up specifications will occur except for items needed to meet housing or building code requirements. - The applicant's authorization allowing the Municipality to obtain bids for the work contained in the work write-up. (j) HCD WORK WRITE-UP APPROVAL AND IN-HOUSE COST ESTIMATE: Each completed work write-up signed bythe applicant shall be maintained in the applicant's file. After incorporation of any requirements resulting for the completion of the environmental review into the work write-up, the Municipality shall provide HCD, for HCD's approval before bidding, a copy of such work write-up showing the Inspector's in-house cost estimate for each item in the work write-up. The work write-up shall be accompanied by a copy of lead-based paint inspectionlrisk assessment report, a copy of the aforesaid asbestos certification as prepared by the Inspector, as well as copies of any disability affidavits. HCD shall advise the Municipality of its determination concerning its review of the work write-up within ten (10) working days of its receipt. Page 18 of 37 City of Delray Beach K. BIDDING AND BID EVALUATION: Bids for the work detailed in the work write-up shall be solicited by the Municipality from contractors on a list of bidders established by the Municipality. The Municipality shall determine the requirements (such as licensing and insurance requirements) to be met by such contractors for admission to the list of bidders. For projects requiring lead-based paint abatement, the rehabilitation contractor submitting a bid must be, or must hire, a certified lead- based paint abatement contractor as a subcontractor. The bid documents to be used for this purpose shall include the address, properly owner, and property owner contact information for the properly to be rehabilitated, shall require bidders to visit the property, and shat[ specify the location, date, and time by which bids must be submitted. The bid documents shall specify the number of days after bid opening that bids are to remain valid. The bid documents shall contain provisions for addressing inconsistencies, interpretations, and supplemental instructions, as well as provisions for the modification, withdrawal, rejection, and award of bids. The bid documents shall contain the warranty and release of liens requirements as well as the insurance requirements for both the contractor and the lead-based paint abatement contractor (or subcontractor). The bid documents shall contain the Federal requirements applicable to projects funded under the Program. For projects requiring lead-based paint abatement, the bid documents shall specify that the Program shall pay for the first clearance test to be undertaken in connection with the abatement for a project, and shall specify that the contractor shall be responsible for the cost of all subsequent clearance tests to be obtained by the Municipality for that project. The bid documents shall indicate that the cost of all clearance tests obtained by the Municipality and required for a project after the initial clearance test, shall be deducted from the contractor's payment. For projects requiring lead-based paint abatement, the bid documents shall specifythe number of days for which the Program shall pay for occupant temporary relocation, if any. The bid documents shall specify that the Program shall pay for occupant temporary relocation costs for the pre-specified number of days, and shall specify that the contractor shall be responsible for the cost of all subsequent occupant temporary relocation made necessary as a result of the contractor's failure to pass any clearance testing. The bid documents shall indicate that the cost of all occupant temporary relocation necessitated as a result of the contractor's failure to pass any clearance testing and paid by the Municipality, shall be deducted from the contractor's payment. The Municipality shall require contractors to submit sealed bids for the work contained in the work write-up after visiting the applicant's property to acquaint themselves with existing conditions. The Municipality shall only accept bids up to apre-specified date and time after which such bids shall be opened at the Municipality's offices. Bid openings shall be open to bidders, applicants, and the general public. At the bid opening the Municipality's designated employees shall open the bids and announce total amounts bid. The announced totals shall, be recorded on a bid spreadsheet showing each bidder's name and total amount bid as announced. After all bids are opened and announced the Municipality shall calculate the sum of all the individual items contained in each bid to check for discrepancies between such sum and the amount read at the bid opening. Where a discrepancy exists in a bid between the true and correct sum of itemized costs and the total announced at the bid opening, the true and correct mathematical sum of itemized costs shall prevail and the spreadsheet shall be noted accordingly. Upon close examination of ail bids, the Municipality shall make a determination on the apparent lowest responsive responsible bidder that best meets the terms, conditions, and specifications of the bid and that will result in the best interest of the applicant, the Municipality, and the County. The Municipality shall evaluate the lowest bid to establish whether the total bid is within the funding limit, and shall provide the applicant an opportunity to contribute to the project any funds needed for the project above the funding limifi. Funding shall be recommended for the lowest responsive responsible bidder. Should the applicant wish to select another bidder, then the difference in cost between the lowest bidder and that selected by the applicant shall be funded by the applicant. Should the Municipality wish to place a limit on the number of construction contracts that may be awarded to a participating contractor at any one time under its Program, then the Municipality shall disclose such conditions in the bid documents. Page 19 of 37 City of Delray Beach The Municipality shall secure the services of a vendor in connection with the Program to provide inspections for, and treatment of, termites and other wood destroying organisms (extermination) where such infestation is found. The contract for these services shall cover the property of all the applicants participating in the Program, shall be provided on an "as needed basis", and shall establish the cost of such services for use when needed. Before securing these services, the Municipality submit its request for proposals for extermination vendors to HCD and obtain a letter of approval prior to soliciting proposals, and the Municipality shall obtain HCD approval prior to awarding the contract for these services. Should the Municipality not be able to obtain HCD approval for the aforesaid contract, or should it choose to so€icit these extermination services for each applicant on a project by project basis, then the Municipality shall, in like manner as described above, establish a list of companies qualified to provide such services, and shall, foreach applicant, solicit, obtain, and evaluate bids from such companies for the treatment of termites and other wood destroying organisms that may be found at the property to be rehabilitated under the Program. Funding shall be recommended for the lowest responsive responsible bidder. Should the applicant wish to select another bidder, then the difference in cost between the lowest bidder and that selected by the applicant shall be funded by the applicant. L. PROJECT UNDERWRITING: The Municipality shall complete a project underwriting process which entails undertaking several tests to verify if Program requirements have been met. This process also entails the formulation of a funding recommendation when such requirements are met, or the rejection of the application if these requirements can not be met by the applicant. The Municipality shall, for each applicant, document the following: (a) INFORMATION CONSISTENCY: The Municipality shall assure that the information submitted by the applicant and other information verified through third parties or gathered by the Municipality is consistent. If the preceding can not be met, the Municipality shall request the applicant to provide corrected information or an explanation such that satisfactory consistency exists in the opinion of the Municipality and HCD. Failure to do so particularly where willful falsification exists shall be regarded as grounds for rejection of the application and denial of any assistance. (b) PROPERTY LOCATION: The Municipality shall assure that the property to be rehabilitated is located within its municipal boundaries. An applicant whose property is not located within these boundaries shall be rejected. (c) PROPERTY ELIGIBILITY: The Municipality shall assure that the property to be rehabilitated is a detached one dwelling structure entirely used for residential purposes. The Inspector, at the time of initial inspection, shall establish the numberof units at the project and its use for residential purposes. If the number of units exceeds one detached dwelling unit, such condition shall be remedied by actions that result in no more than one detached dwelling unit after rehabilitation by including the removal of any excess units in the work write-up. Any such demolition shall not result in the displacement of any occupant and shall comply with One-for-One Replacement regulations. If the property is not entirely used for residential purposes, such condition shall be remedied by actions that result in elimination or conversion of non-residential portions of the property to residential use. (d) OCCUPANCY/RESIDENCY: The Municipality shall assure that the applicant resides at the property to be rehabilitated which shall be determined at the time the propefij is inspected and through the applicant's address as revealed by thevarious documents received during the application/verification process. If the applicant does not occupy the property, the applicant shall demonstrate extenuating circumstances for not residing at the property. Rehabilitation may proceed provided that the rehabilitation renders the property occupiable, and provided that the applicant submit a written commitment prior to funding approval clearly indicating the intent of the applicant to reside at the property after completion of the rehabilitation process. Extenuating circumstances may include certain circumstances such as damages from hurricane Wilma, or a determination of the property's unfitness for habitation by a building or other official for reasons of safety or other danger at the property that can be remedied through the Program. HCD shall determine the type of documentation necessary and/or acceptable to demonstrate the existence of these extenuating circumstances, and if the extenuating circumstances are acceptable. Page 20 of 37 City of Delray Beach (e) PROPERTY OWNERSHIP: The Municipality shall assure that the title of record to the property proposed for rehabilitation is held by the applicant at the time of application and that the applicant owned the property proposed for rehabilitation at the time of Hurricane Wilma on October 24, 2005. Note: the above condition requiring that the applicant have an ownership interest in the property to be rehabilitated does not preclude other parties who do not reside at the property from having an ownership interest in the property in addition to that of the applicant. These other parties are not regarded to be part of the applicant's household, however any such other parties having an ownership interest must agree to and join the applicant in executing program documents that secure the rehabilitation costs and encumber the property. In instances where the applicant has a life estate, all "remainder men" must agree to and join the applicant in executing program documents that secure the rehabilitation costs and encumber the property. (f) REAL ESTATE TAX PAYMENT: The Municipality shall assure that the real estate taxes for the property proposed for rehabilitation have been paid in full and shall place in the file for each applicant copies of documents showing the same. (g) CURRENT MORTGAGE PAYMENTS: Forappficants who have mortgage obligations, the Municipalityshallassurethatsuchmortgageobligationsarenotdelinquentandthat mortgage payments are current. (h) PROPERTY LNSURANCE: The Municipality shall assure that the applicant, at minimum, maintains homeowner insurance on the property proposed for rehabilitation, and if the property is in a flood zone "A" or flood zone "V", it shall assure that the applicant maintains flood insurance on the property. If such insurance is not in place at the time of application, fihen the Municipality shall, before closing, obtain documentation evidencing such insurance coverage. (i) DAMAGES FROM HURRICANE WILMA: The Municipality shall assure that the applicant's propertysuffered damagesfrom Hurricane Wilma as previouslydescribed. Q) RECEIPT OF SBA OR FEMA BENEFITS AND INSURANCE PROCEEDS: The Municipality shall assure that there is not duplication of benefits. The Municipalityshail verify the receipt of any SBA and/or FEMA payments by the applicant in connection with Hurricane Wilma and shall document such. The Municipality shall verify the receipt of anyinsuranceprnceeds byfihe applicant in connectionwith Hurricane Wilma and shall document such. (k) LEAD HAZARD PAMPHLET: The Municipality shall assure that each applicant has received a lead hazard information pamphlet entitled "Protect Your Family From Lead In Your Home", and shall obtain from the applicant a signed receipt for such pamphlet. (I) LEAD NOTICE: Foreach property built before 1/1/78, the Municipalityshall assure that each applicant has received a Lead-based Paint Notice of Evaluation and/or Presumption and shall obtain from the applicant a signed receipt for such notice. (m) ENVIRONMENTAL AND HISTORIC REVIEW: The Municipalityshallassurethatthere are no environmental or historic considerations that would prevent the rehabilitation of the property, and that it has complied with all environmental and historic requirements. (n) PRESENCE OF ASBESTOS: The Municipality shall assure that the rehabilitation of the property shall not cause any asbestos exposure and it shall comply with applicable asbestos regulations when there is evidence of a current or prior non-residential use at the property (the house and its surrounding site). (o) HOUSEHOLD INCOME: The Municipality shall assure that the annual income of the household occupying the properly to be rehabilitated as received from all sources, by household size, is at or below 80% of the applicable median family income for the West Palm Beach-Boca Raton Metropolitan Statistical Area. Page 21 of 37 City of Delray Beach M. PROGRAM COSTS FUNDING LIMITS AND SECURITY: (a} ELIGIBLE PROGRAM COSTS: The following expenses shall be regarded as eligible costs under the Program: - Labor, materials, and other costs of rehabilitation of properties, including repair directed toward an accumulation of deferred maintenance, removal of material and architectural barriers that restrict the mobility and accessibility of elderly or severely disabled persons, replacement of principal fixtures and components of existing structures, installation of security devices, including smoke detectors and dead bolt locks, and renovation through alterations, additions to, or enhancement of existing structures, which may be undertaken singly, or in combination. - Improvements to increase the efficient use of energy in structures through such means as installation of storm windows and doors, siding, wall and attic insulation, and conversion, modification, or replacement of heating and cooling equipment, including the use of solar energy equipment. - Improvements to increase the efficient use of water through such means as water saving faucets and shower heads and repair of water leaks. - lmprovements to provide windstorm protection to render rehabilitated homes less vulnerable to future wind related damage. - Connection of residential structures to water distribution lines or local sewer collection lines (excluding payment of certain associated fees, such as impact fees, not eligible under the CDBG program). -Costs of flood insurance premiums and associated service charges as established under the National Flood Insurance Program for a period of up to three years. - Costs of inspecting, testing, and abatement of lead-based paint and asbestos containing materials pursuant to applicable regulations. - Costs associated with the processing of rehabilitation applications such as a title search or state and local fees for recording documents prepared in conjunction with the Program. -Costs of obtaining construction related professional services including architectural, engineering, and surveying services, including the preparation of related technical documents, and inspections associated with execution of the content of such documents as pertains to the rehabilitation work. - Costs of performing inspections of termite or other wood destroying organisms and extermination thereof. - Construction contingency funds at an amount which is the lesser of five percent (5%) of the construction contract amount or $1,000. - Costs of the Inspector, as described herein, and where a separate budget is provided under this Agreement. -Temporary relocation costs for the members of the household where rehabilitation is being performed. (b) FUNDING LIMITS AND SECURITY: All costs for each applicant, exceptfortemporary relocation costs and the cost of the Inspector and/or an Advisor, shall be provided as a loan subject to the following: -The maximum funding amount perapplicantfor payment of rehabilitation construction costs and incidental expenses regarded as eligible under this Agreement: $40,000. - Security: A mortgage and promissory note, in the amount funded to the applicant, shall be executed by all property owners of record at the closing described below and shall be recorded by the Municipality in the public records of Palm Beach County immediately after such closing. The Municipality shall be the mortgagee on all such mortgages and shall be the beneficiary of the promissory notes. Note: all additional funds, not included in the mortgage and promissory note, and provided after the mortgage and promissory note have been executed, shah be secured by means of a notice of future advance and promissory note, before such funds are expended. The notice of future advance and a copy of the promissory note shall be promptly recorded by the Municipality in the public records in like manner. -Interest rate: 0%. - Term: 10 years for amounts funded up to $20,000, and 15 years for amounts funded that are equal to or greater than $20,000. - Repayment Provisions and Events of Defau€t: No repayment shall be made by the mortgagor during the term of the mortgage, except that the entire principal amount of the loan (and any other amounts required by the mortgage) shall be repaid by the applicant in the event of default as specified in the mortgage including the lease, sale, transfer of title to, or disposition of, the mortgaged property. - Repayment of funds during the term of this Agreement: The Municipality shall immediately transmit to the County all mortgage repayments that the Municipality receives during the term of this Agreement. The Municipality may request the County to add such transmitted funds received during the term of this Agreement to the amount funded under this Agreement for such uses as described in the Agreement. Page 22 of 37 City of Delray Beach - Repayment of funds after the expiration of this Agreement: The Municipality shall immediately transmit to the County all mortgage repayments that the Municipality receives after the expiration of this Agreement. The County shall then transmit such funds to the State. The provisions of this clause shall survive the expiration of this Agreement. N. PROJECT APPROVAL: Upon assurance of project compliance with the requirements of the Program, and formulation of a funding recommendation for the applicant, the Municipality shall submit to HCD the entire applicant file compiled to date and a financial write-up of the project by which the Municipality requests HCD to approve funding for the applicant. HCD shall advise the Municipality of its determination concerning its review of the financial write-up within ten (10) working days of HCD's receipt of the financial write-up. The financial write up shall contain the following information: - ApplicantlOwner Information: the name and address of the applicant, the names of the owners, and a statement concerning the presence of any owners that do not occupy the property. - Household Information: identify the persons in the household, their relationship and ages. - Household Income Information: identify each household member receiving an income, the type of income, and the amount of monthly income, provide the household annual income, and a statement that the household is income eligible. -Property Information: provide a unit description (one unit substandard detached residence), occupancy status (owner occupied), year built, year acquired, number of bedrooms, square footage area, a statement that the property sustained damages from Hurricane Wilma, and a statement that the property is located within the municipal boundaries. - Property Obligations: identify the status of real estate tax and mortgage payments, and property insurance coverage. - Project Costs: list all project costs for items such as Inspection/risk assessment report, clearance test, rehabilitation construction, termite treatment, recording fees, and construction contingency, and provide a total cost for the project. - Receipt of Benefits/Proceeds: provide a statement concerning the applicants receipt of any SBA/FEMA benefits and/or any insurance proceeds, the amount thereof, and an explanation of which portion of such received funds will be contributed by the owner to the cost of the project. - Funding Eligibility: provide a statement that the applicant is eligible to receive funding in accord with the Agreement between the County and the Municipality. -Funding Recommendation: provide a funding recommendation indicating the recommended sources of funds, and the amount from each source, to meet the total cost of the project. - Submission Statement: provide a statement identifying the person who prepared and submitted the financial write-upon behalf of the Municipality and provide a signature and date for submission from such person. - Funding Approval: provide a section for HCD to indicate its approval of the funding recommendation and a signature and date for such approval, and allow a section for HCD comments in this regard. O. PROJECT CLOSING: Upon approval of project funding by HCD, the Municipality shall prepare certain project documents to be executed at the closing which shall be attended by The Advisor, the applicant, and the contractor for the project that has been selected through the bid process. The Municipality shall assure that the following has occurred as apre-requisite to closing: -The Inspector shall conduct apre-closing pre-construction site conference/walk-through with the applicant and the contractor. At this walk-through the participants shall review the scope of work to be performed, the schedule of work, and they shall establish whether there is a need for the homeownerto move any personal or household items to facilitate the contractor's work. -The Advisor shall receive evidence of contractor insurance as specified in the bid documents and construction contract which evidence shall be placed in the applicant fife. - The Advisor shall verify that the project contractor does not appear on the current General Services Administration List of Parties Excluded from Federai Procurement or Non- procurement Programs (see httoa/www.epls.-qov/). - For projects requiring lead-base paint abatement, the Advisor shall receive from the contractor an occupant protection plan prepared according to applicable regulations. Page 23 of 37 City of Delray Beach The closing shall be conducted by the Advisor who shall review all documents with the applicant prior to execution, The documents to be executed by the applicant shall include: - Mortgage. - Promissory Note. - Notice of Commencement. - Notice to Proceed. - Contractfor Exterminating Services (between the applicant and the exterminating company). - Construction Contract (between the applicant and the contractor). Note: All owners of record (including the applicant(s) who reside at the property and owners who reside elsewhere) must execute-the mortgage and promissory note. In instances where the applicant has a life estate, all "remainder men" must join the applicant in executing the mortgage and promissory note. The documents to be executed by the contractor shall include: - Construction Contract (between the applicant and the contractor}. - Certification of Nonsegregated facilities. - Certification of Eligibility of General Contractor. - Noncollusion Affidavit of Prime Bidder. -Anti-kickback Affidavit. The Advisor shall provide the contractor blank payment request forms forthe contractor's use, and after the closing shall obtain the exterminating company's counter signature on the Contract for Exterminating Services. The Municipality shall, immediately after the closing, assure that the original executed mortgage accompanied by a copy of the promissory note, and the notice of commencement are recorded in the public records of Palm Beach County. The Inspector shall, immediately after recording, assure that a certified copy of the recorded Notice of Commencement is posted in a visible location at the property to be rehabilitated. The Municipality shall assure that all funds from other sources, except funds to be provided under this Agreement, intended for a project regardless of source shall be available at closing. This shall include all the applicant's contributions, all insurance proceeds and/or any payment from SBAlFEMA (or other agency), as well as al[ the Municipality's funds to be used for the project. All such funds shall be held 'in escrow by the Municipality and shall be expended on the project before the Municipality requests HCD for the reimbursement of funds made available under this Agreement for the project as described below. For projects where lead-based paint abatement is to be performed and where the occupants of the house are to be temporarily relocated, the Advisor shall, at the closing, coordinate the abatement work days and the temporary relocation dates with the applicant, the contractor, the Inspector, and the hotel. The Municipality shall use a Document Affidavit, a blank form of which shall be provided to it by HCD, in connection with closings for property owners who are unable to read (for illiterate persons and for persons who due to a physical disability are unable to read), and who da understand English. The Advisor shall list on this affidavit all documents by name that are included in the closing, and that are to be executed by such property owners. The Advisor shall also arrange for someone (such as a friend or a relative of the property owner or someone well acquainted with the property owner) to read these documents to the property owner. The Advisor shall prepare and deliver these documents to the reader in advance of the closing to allow enough time for reading. The Document Affidavit shall be executed by the reader and secured by the Advisor for the closing to be placed in the applicant file. The Municipality shall use a Translated Document Affidavit, a blank form of which shall be provided to it by HCD, in connection with closings for property owners who do not understand English. The Advisor shall list all documents byname that are included in the closing, and that are to be executed by such property owners. The Advisor shall also arrange for someone (such as a friend or a relative of the property owner. or someone well acquainted with the property owner} to translate these documents to the property owner noting that an oral translation is sufficient, provided that the nature and effect of the documents is translated. The Advisor shall prepare and deliver these documents to the translator in advance of the closing to allow enough time for translation. The Translated Document Affidavit shall be executed by the translator and secured by the Advisor for the closing to be placed in the applicant file. Page 24 of 37 City of Delray Beach P. REHABILITATION CONSTRUCTION: The Inspectorshall inspect the work in progress being performed bythe contractorand review and approve all construction draws made against the contract. The applicant shall approve all work requested for payment. A minimum five percent (5%) retainage shall be applied to each progress draw, with the accumulated retainage amount released in conjunction with final payment. All lead-based paint remediation, temporary relocation of occupants, notifications, clearance testing, and related documentation shall be carried out in compliance with HUD lead-based paint regulations for projects funded under the Program. During construction, change orders for unforeseen code related work items necessitating an increase in the contract amount may be approved provided contingency fiunds are available. If contingency funds are insufficient, additional funds may be obtained for the project as described below. The Municipality shall request HCD's approval of all change orders before they are signed regardless of whether or not the change orders cause an increase in the contract amount. HCD shall advise the Municipality of its determination concerning its review of change orders within ten (10) working days of HGD's receipt of the proposed change order. Upon completion of the work, the contractor shall ensure that all work has been approved by the building department with jurisdiction over the project, and obtain the necessary permit approvals. The contractor shall request a final inspection by the Municipality which shall be followed by the Municipality providing the contractor with a punch list of deficiencies (if such deficiencies exist) to be corrected by the contractor prior to final payment. When the work is fully completed, the Municipality shall obtain the applicant's approval of the final payment. The final payment shall be subject to the Municipality's receipt of the following from the contractor: - Original building permits with Bldg. Dept. final approval, and Certificate of Completion. - Original contractor's roof nailing affidavit. - Original contractor's warranty showing the final inspection date/warranty start date. - Original contractor's release of lien (with all subcontractors listed}. - Original subcontractors" releases of lien for subcontractors with Notices to Owner. - Original abatement report for projects with lead-based paint abatement. - Required product approvals. - Manufacturers' warranties for equipment and appliances. The Municipality shat! pay the contractor for completed work that is contained in the construction contract as approved by HCD, and request HCD for reimbursement of such costs. The County shall reimburse the Municipality for such costs as provided in this Agreement. In connection with the first draw for each construction contract that is requested for reimbursement, the Municipality shall provide the following: - A copy of the executed construction contract. - A copy of the contractor's bid showing the work items and the cost of each. - A copy of the contractor's payment request approved by the Inspector and the applicant, which shows the work items approved for payment and their costs, and which provides an accounting of the contract amount, change orders, retainages, payments to date, deductions and a computation of the approved payment. - A copy of the check tendered in payment by the Municipality. In connection with the interim draws for each construction contract that is requested for ~, reimbursement, the Municipality shall provide the following: - A copy of the contractor's payment request as specified above. - A copy of the check tendered in payment by the Municipality. In connection with the final draw for each construction contract that is requested for reimbursement, the Municipality shall provide the following: - A copy of the contractor's roof nailing affidavit. - A copy of the contractor's warranty. - A copy of the contractor's release of lien. - A copy of the abatement report. - A copy of the contractor's payment request as specified above. - A copy of the check tendered in payment by the Municipality. Extermination, if necessary, shall be carried out after completion of construction and as scheduled by the Advisor. The Municipality shall inspect the extermination work and review and approve the payment for such services. The applicant shall also approve extermination work requested for payment. Page 25 of 37 City of Delray Beach The Municipality shall pay for the completed extermination work that is contained in fihe contract for exterminating services as approved by HCD, and request HCD for reimbursement of such costs. The County shall reimburse the Municipality for such costs as provided in this Agreement. Furthermore, in connection with the extermination services that are requested for reimbursement, the Municipality shall provide the following: - A copy of the executed contract for exterminating services. - A copy of the company's invoice approved by the Municipality and the applicant. - A copy of the check tendered in payment by the Municipality. O. TEMPORARY RELOCATION POLICY: The Municipality shall not cause the permanent dislocation of any persons as a result of implementing the Program. The parties to this Agreement recognize that the rehabilitation process may in some instances require the temporary relocation of the applicant and the applicant's household members due to activities such as lead-based paint abatement or during extermination of wood destroying organisms. Accordingly, the Municipality hereby adopts the below Temporary Relocation Assistance Policy and obligates itself to making the payments associated therewith. Temporary Relocation Assistance Policy: Should in the course of rehabilitation activities undertaken under the Program envisioned by this Agreement, the necessity arise to temporarily relocate the members of the household where rehabilitation is being performed (while lead-based paint abatement is taking place, or during extermination of wood destroying organisms, for example), then the Municipality sha[I pay for the cost of accommodations (hotel/motel) incurred while temporarily housing such household members away from the home being rehabilitated. The Municipality shall endeavor to minimize the cost of such accommodations while arranging for accommodations that are as close to the home being rehabilitated as possible, for the least number of nights possible, and while minimizing disruption to the family (that is, maintaining proximity to day care, schools, or work). The Municipality shall pay the business provider of such temporary housing the cost of such temporary relocation from the budget established for such purpose in this Agreement, after having procured such services in accord with this Agreement. The County shall reimburse the Municipality for temporary relocation payments in connection with this Agreement up to the amount in the allocated budget. The Municipafty shall not secure any such temporary relocation payments by the mortgage given by the applicant under the Program. Nothing herein shall preclude the applicant from voluntarily temporarily relocating to a location of the applicant's choice (such as with friends or family) while Program activities are underway without seeking payment from the Municipality. R. PROJECT CLOSEOUT: After all project contracts, invoices, and expenses have been paid, the Municipality shall prepare and submit to HCD, along with the entire applicant file compiled to date, a closeout statement which shall show all allocated funds, and an itemized listing of all payments made on behalf of the applicant, and all undisbursed funds and their disposition. Funds that have been secured by the mortgage and that have not been expended shall be credited by the Municipality to the applicant as a principal reduction of the loan. The closeout statement, shall be prepared and signed by the Advisor, and shall be placed in the applicant file with a copy provided fio the applicant. S. OTHER RELATED MATTERS: (a) PROGRAM DOCUMENTS: Prior to the Municipality's use of any documents listed below in connection with this Agreement, the Municipality shall submit the following to HCD for approval: Lead-Based Paint Notice of Evaluation And/Or Presumption, Lead- based Paint Notice of Hazard Reduction Activity, bid documents and solicitation documents for all services, construction contract, notice of commencement, release of liens, warranty, extermination contract, mortgage, promissory note, notice of future advance, and affidavits. The Municipality shall use the above documents as approved by HCD in connection with this Agreement. After the execution of this Agreement, the Municipalityagrees tosubmit, fin like manner, anyother Program documents requested of it by HCD for review and approval. Page 26 of 37 City of Delray Beach (b) DATE VALIDITY OF DOCUMENTS: The below identified documents contained in applicant files at the time of funding approval by HCD shall be no more than six months old: - Income verifications and income affidavits. - Verification of real estate and mortgage liabilities. - Evidence of owner's funding. Note: Construction and extermination contractor's bid proposal validity date may be voluntarily extended by a letter from the contractor, and if not voluntarily extended by the contractor, the Municipality sha[I procure such services again through the bid process. (c) ADDITIONAL FUNDING: The Municipality may request additional funding in excess of amounts approved by HCD for a project (such as for change orders), provided that the sum of additional funding and original project funding does not exceed the funding limit per applicant established in this Agreement. In its request, the Municipality shall identify the purpose of the additional funds and provide a detailed accounting of the items to be funded. In the instance where such sum would exceed the funding limit per applicant established in this Agreement, the applicant shall be given the opportunity to make up anyfunding shortfall, and if not made up bythe applicant, the Municipality may request HCD for a waiver allowing the sum to exceed such limit. The approval of waivers, if recommended by HCD, shall be made by means of an amendment to this Agreement to be executed by the parties with the same formality as this Agreement. Waivers may be considered in connection with the need for additional funds arising from unforeseen conditions related to the construction rehabilitation at the property, or in connection with any other needs deemed appropriate by HCD and otherwise regarded as eligible program costs as identified herein. All additional funds, not included in the mortgage and promissory note, and provided after the mortgage and promissory note have been executed, shall be secured by means of a notice of future advance and promissory note, before such funds are expended. The notice of future advance and a copy of the promissory note shall be promptly recorded by the Municipality in the public records of Palm Beach County. (d) TERMINATION OF FUNDING: The Municipality shall take steps to terminate funding and accelerate loan repayment during the rehabilitation process if: - The applicant refuses or fails to allow the rehabilitation work to commence within thirty (30) days from construction contract award. - The applicant refuses or fails to allow completion of rehabilitation after commencement. -The applicant refuses to authorize payments associated with the project which have been deemed payable by HCD's Director. - An event of default occurs as specified in the mortgage or promissory Hate. The Municipality shall give the applicant notice of such termination and/oracceleration, as appropriate, with legal follow-up where necessary. (e) SUBORDINATION OF MORTGAGE: The Municipality shall establish a written policy for the future subordination of mortgages taken in connection with this Agreement provided that such policy aims at preserving homeownership, and provided that the execution of such subordination preserves or enhances the encumbered property's value, and that the execution of such subordination does not adversely affect the Municipality's financial interest in the rehabilitated property. The provisions of this clause shall survive the expiration of this Agreement. {f) SATISFACTION OF MORTGAGE: The Municipality shall issue the applicant a satisfaction of mortgage when the applicant has complied with all the terms and conditions contained in the mortgage and promissory note. Upon issuance, the Municipality shall recorded the satisfaction of mortgage in the public records of Palm Beach County and shall transmit the original to the applicant. The original recorded satisfaction of mortgage document shall be accompanied by the original mortgage and promissory note when transmitted to the applicant. The provisions of this clause shall survive the expiration of this Agreement. Page 27 of 37 City of Delray Beach (g) RETENTION OF APPLICANT FILES: All applicant files (files for completed projects, files that are incomplete, and files for rejected applications) shall be retained by the Municipality for a period of six (6) years from the date of final closeout of the agreement between Palm Beach County Board of County Commissioners and the State of Florida for the 2005 Disaster Recovery Initiative Program, or the statutory required period (F.S. Chapter 119), whichever is longer. The provisions of this clause shall survive the expiration of this Agreement. T. SECTION 3 REQUIREMENTS: The Municipality agrees to comply with all Section 3 requirements applicable to contracts funded through this Agreement. Information on Section 3 is available at HCD upon request. The Municipality shall include the following, referred to as the Section 3 Clause, in every solicitation and every contract for every Section 3 covered project: Section 3 Clause (a) The work to be performed under this contract is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U. S.C. 170 1 u (Section 3). The purpose of Section 3 is to ensure that employment and other economic opportunities. generated by HUD assistance or HUD-assisted projects ' covered by Section 3 shall, to the greatest extent feasible, be directed to low-and very low-income persons, particularly persons who are recipients of HUD assistance for housing. (b} The parties to this contract agree to comply with HUD's requirements in 24 CFR Part 135, which implement Section 3. As evidenced by their execution of this contract, the parties to this contract certify that they are under no contractual or other impediment that would prevent them from complying with the Part 135 regulations. (c) The contractor agrees to send to each labor organization or representative of workers with which the contractor has a collective bargaining agreement or other understanding, if any, a notice advising the labor organization or workers representative of the contractor's commitment under this Section 3 clause, and will post copies of the notice inconspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the Section 3 preference, shall set forth minimum number and job titles subject to hire, availability of apprenticeship and training positions, the qualifications for each; and the name and location of the person(s) taking applications for each of the positions; and the anticipated date the work shall begin. (d) The contractor agrees to include this Section 3 clause in every subcontract subject to compliance with regulations in 24 CFR Part 135, and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this Section 3 clause, upon a finding that the subcontractor is in violation of the regulations in 24 CFR Part 135. The contractor will not subcontract with any subcontractor where the contractor has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR Part 135. (e) The contractor will certify that any vacant employment positions, including training positions, that are filled {1) after the contractor is selected but before the contract is executed, and (2) with persons other than those to whom the regulations of 24 CFR Part 135 require employment opportunities to be directed, were notfilled to circumvent the contractor's obligations under 24 CFR Part 135. (f) Noncompliance with HUD's regulations in 24 CFR Part 135 may result in sanctions, termination of this contract far default, and debarment or suspension from future HUD assisted contracts. U. REPORTS: The Municipality shall submitto HCD detailed monthly and semi-annual reports as described below: (a) MONTHLY REPORT: The Municipality shall submitto HCD detailed monthly progress ~~~` reports in the form provided as Exhibit D to this Agreement. Each report must account for the total activity for which the Municipality is funded under this Agreement. The progress reports shall be used by HCD to assess the Municipality's progress in implementing the project. (b} SEMI-ANNUAL REPORT: The Municipality shall submitto HCD detailed semi-annual reports in the from provided as Exhibit E to this Agreement. During the term of this Agreement, the Municipality shall each 31St day of March submit such report for the prior six month period beginning on the preceding 1St day of October, and ending on said 31 St day of March. In addition, during the term of this Agreement, the Municipality shall each 30th day of September submit such report for the prior six month period beginning on the preceding 1 Sc day of April, and ending on said 30`h day of September. Page 28 of 37 City of Delray Beach (c) CLOSEOUT REPORTS: After the completion of all activities funded under this Agreement, the Municipality shall submit to HCD the closeout reports identified as the Housing Benefit Report and the Beneficiary Data Report in the from provided as Exhibits F and G to this Agreement. (d) OTHER REPORTS: The Municipality agrees to submit to HCD any other reports required by the State in connection with activities undertaken through this Agreement including, buf not limited to, reports associated with Section 3. The Municipality further agrees that HCD, in consultation with any parties it deems necessary, shall be the final arbiter on the Municipality's compliance with the above. THE COUNTY AGREES TO: A. Provide funding forthe above specified activities during the term of this Agreement, as follows: (a) An amount of $686,742.72: For payment of rehabilitation construction costs and related expenses regarded, as eligible under this Agreement (including lead-based paint expenditures such as the cost of inspections and risk assessments, abatement, and clearance testing). (b} An amount of $5,000: For temporary relocation costs to temporarily relocate the members of the household where rehabilitation is being performed. These costs shall include the cost of accommodations (hotel/motel) incurred while temporarily housing such household members away from the home being rehabilitated. (c) An amount of $6,916.57: For the costs of the Municipality's employee to provide the services of the Inspector to carry out the tasks described in this Agreement. B. Provide project administration and inspection to the Municipality to ensure compliance with U.S. HUD and the Department of Labor, and applicable State, Federal and County laws and regulations. C. Monitor the Municipality at any time during the term of this Agreement. Visits may be announced or unannounced as determined by HCD and will serve to ensure compliance with State and U.S. Department of HUD regulations, that planned activities are conducted in a timely manner, and to verify the accuracy of reporting to HCD on program activities. D. The County shall perform an environmental review of each project, and review and approve all aspects and expenditures of each project as specified herein. The County shall also perform Davis Bacon Act LaborStandards monitoring and enforcement. Environmental review costs incurred by the County may be charged to the project budget identified above. Page 29 of 37 City of Delray Beach EXHIBIT B AUTHORIZATION TO RELEASE CONFIDENTIAL INFORMATION I, the undersigned, authorize the Federal Emergency Management Agency (FEMA), the State of Florida, and appropriate agencies of the State of Florida responsible for providing disaster assistance to release information relating to my eligibility for monetary or other forms of assistance arising from the major disasters declared: Hurricanes Katrina FEMA-DR-1602-FL (dated August 28, 2005}, and/or Wilma FEMA-DR-1609-FL (dated October 24, 2005) to those agencies that provide disaster-related assistance. This authorization permits the release of information that is deemed confidential under Federal and State Privacy Acts. This authorization is given to obtain and/or provide assistance I need as a result of the prior referenced federal disaster(s) to insure that benefits are not duplicated. It includes the sharing of information about my applicati0on in FEMA's possession or under FEMA's control. This authorization includes only information necessary to allow the appropriate agency or organizations to determine if I am eligible for assistance from that agency or organization. This information is not to be used for any other purpose. I also understand and acknowledge that signing this does not guarantee that 1 will get assistance from Voluntary Agenciesand/orappropriate Federal and State agencies. However, without my permission, my information cannot be shared with other agencies or organizations for consideration. I understand that I will still receive all FEMA assistance for which I am eligible. This Authorization is submitted pursuant to 28 U.S.C. § 1746 under penalty of perjury. OPTIONAL - I choose to exclude the following agencies from access to this information: I understand that it is my choice to sign this Release: Name (Printed) Date Signature Pre-Disaster Address: Current Address: Phone or Message #: FEMA Registration #: (Updated 02/05/2006) S:1Caplm prv12005DisasterRecoveryl n itiativelRehabProgramslDelrayBeachlAgmt_No3_Muni.wpd Page 30 of 37 City of Delray Beach EXHIBIT C CATEGORICAL EXCLUSION SUGGESTED FORMAT SUBJECT TO §58.5 PROJECT NAME AND DESCRIPTNON: Include all contemplated actions which are either geographically and/or functionally part of the project. Location: Activities included in project: This project is determined to be Categorically Excluded according to: [Cite section(s) and activities that are applicable] DIRECTIONS: Once the review process foreach compliancefactor has been completed, the Statutory Checklist must then be filled out. Specifically, the RE must indicate whether the activity does or does not affect the resources under consideration. Consult the guidance provided in the table below or the web sites. If the project is found to require consultation with an outside agency and affects the resource in question, indicate Status as A on the worksheet and document what sources of information were used (information sources are provided in the guidance). If the activity triggers no formal compliance consultation procedures with the oversight agency, indicate the Status as B. Any compliance documentation should also be attached to the Checklist and included in the ERR. COMPLIANCE FACTORS: Statutes, Executive Orders, and Status Compliance Documentation Regulations listed at 24 CFR §58.5 A/B Historic Preservation [36 CFR Part 800] Guidance: httpa/www.hud.gov/offices/cpd/environment/review/historic.cfm Floodplain Management [Executive Order 11988; 24 CFR Part 55] Guidance: httpa/www.hud.gov/offices/cpd/environment/review/floodplain.cfm Wetland Protection [Executive Order 11990; 3 CFR, §§ 2, 5] Guidance: httoa/www.hud.aov/offices/cpd/environment/review/floodplain.cfm Coastal Zone Management Act [1E U.S.C. 1451, §§ 307(c), (d)] _~uidance~ httoJ/www.hud.aov/offices/cod/environment/review/coastal.cfm Statutes, Executive Orders, and Status Compliance Documentation Regulations listed at 24 CFR §58.5 A/B Sole Source Aquifers [40 CFR Part 149] Guidance: httpa/www.hud.gov/offices/cpd/environment/review/aquifiers.cfm Endangered Species Act [50 CFR Part 402] Guidance: http://www.hud.gov/offices/cpd/environment/review/endangeredspecies.cfm Wild and Scenic Rivers Act [16 U.S.C. 1271, §§ 7(b), (c)] Guidance: http:/lwww.hud.gov/offices/cpd/environment/review/rivers.ctm Page 31 of 37 City of Delray Beach Clean Air Act [40 CFR Parts 6, 51, 93] guidance: httoJ/www.hud_aov/offices/cnd/environment/review/cleanair.cfm Farmland Protection Policy Act [7 CFR Part 658] 3uidance: httpa/www.hud.gov/offices/cpd/environment/review/farmlands.cfm Environmental Justice [Executive Order 12898] Guidance: http://www.hud.gov/offices/cpd/environment/review/justice.cfm Noise Abatement and Control [24 CFR Part 51, Subpart B] Guidance: http://www.hud.gov/offices/cpd/environment/review/noise.cfm Statutes, Executive Orders, and Status Compliance Documentation Regulations listed at 24 CFR §58.5 A1B Explosive and Flammable Operations [24 CFR Part 51, Subpart C] Guidance: httpa/www.hud.gov/offices/cpolenvironment/reviewlexplosive.ctm Toxic Chemicals and Radioactive Materials [24CFR Part 58, § 5(i)(2)] guidance: httn://www.hud.aov/offices/cnd/environment/review/hazardous.cfm Airport Clear Zones and Accident Potential Zones [24 CFR Part 51, Subpart D] Guidance: httpa/www.hud.gov/offices/cpd/environment/review/airport.cfm DETERMINATION: [ ] This project converts to Exempt, per§ 58.34(a)(12), because it does not require any mitigation for compliance with any listed statutes or authorities, nor requires any formal permit or license (Status "A" has been determined in the status column for all authorities). [ ] Funds may be drawn down for this (now) EXEMPT project; OR This project cannot convert to Exempt because one or more statutes/authorities require consultation or mitigation. Complete consultation/mitigation requirements, publish NOI/RROF and obtain Authority to Use Grant Funds (HUD 7015.16} per §§ 58.70 and 58.71 before drawing down funds; OR [ ] The unusual circumstances of this project may result in a significant environmental impact. This project requires preparation of an Environmental Assessment (EA). Prepare the EA according to 24 CFR Part 58 Subpart E. Subrecipient Name: Prepared by: Name Signature Date S:1Capl mprv12005D isasterRecovery3nitiativelRehabP rogramslDelrayBeach~P.gmt_No3_Muni.wpd Page 32 of 37 City of Delray Beach PALM BEACH COUNTY DETERMINATION OF CATEGORICAL EXCLUSION SUBJECT TO 24 CFR PART 58.5 24 CFR PART 58.35(a) PROGRAM: 2005 DRI Program FISCAL YEAR: FY07-08 APPLICANT/SITE LOCATION {INCLUDING MAP): PCN: 1 HEREBY CERTIFY THAT THE FOLLOWING ACTIVITY{S) HAVE BEEN REVIEWED AND DETERMINED CATEGORICAL EXCLUDED ACTIVITY PER 24 CFR 58.35 (a) AS FOLLOWS: (1) Acquisition, repair, improvement, reconstruction, or rehabilitation of public facilities and improvement (other than buildings) when the facilities and improvements are in place and will be retained in the same use without change in size or capacity of more than 20% (e.g. replacement of water or sewer lines, reconstruction of curbs and sidewalks, paving of streets). _ (2) Special projects directed to the removal of material and architectural barriers that restrict the mobility of and accessibility to elderly and handicapped. persons. _ (3) Rehabilitation of buildings and improvements when the following conditions are met: (i} In the case of a building for residential use (with one to four units), the density is not increased beyond four units, the land use is not changed, and the footprint of the building is not increased in a floodplain or in a wetland; (ii) In the case of multi-family residential buildings: (A) Unit density is not changed more than 20%; (B) The project does not involve changes in land use from residential to non- residential; and (C) Estimated cost of rehabilitation is less than 75% of the total estimated cost of replacement after rehabilitation. (iii) In the case of non-residential structures, including commercial industrial, and public buildings: (A) Facilities and improvements are in place and will not be changed in size or capacity by more than 20%; and (B) The activity does not involve a change in land use, such as from non-residential to residential, commercial to industrial, of from one industrial use to another. (4) (i) An individual action on up to four dwelling units where there is a maximum of four units on any one site. The units can be four one-unit buildings or one four-unit building or any combination in between; or (ii) An individual action on a project of five or more housing units developed on scattered sites when the sites are more than 2,000 feet apart and there are not more than four housing units on any one site. (iii) Paragraphs (a)(4)(i) and (ii) of this section do not apply to rehabilitation of a building for residential use (with one to four units) (see paragraph (a)(3)(i) of this section). _ (5) Acquisition (including leasing) or disposition of, or equity loans on an existing structure, or acquisition (including {easing) of vacant land provided that the structure or land acquired, financed, or disposed of will be retained for the same use. (6) Combination of the above. Subrecipient Name: Prepared by: Name Signature Date S:1Capkm prv~2005DisasterRecoveryln itiative\RehabProgramslDelrayl3eachWgmt_NO3_Muni.wpd Page 33 of 37 City of Delray Beach EXHIBIT D PALM BEACH COUNTY HOUSING & COMMUNITY DEVELOPMENT MONTHLY NARRATIVE REPORT Report For: Month: Year: Subrecipient Name: City of Delray Beach Project Name: DRI2 -Housing Rehabilitation Report Prepared By: Name Signature Date BUDGETING AND EXPENDITURES Amounts Expended this Reporting Period: CDBG Funds:$ Other Funds:$ Amounts Expended to Date: llllllllllllllllllllllllllllllllllllllllllllll BUDGETED EXPENDED PERCENTAGE CDBG Funds: $ $ Other Funds: $ $ Other Funds: $ $ TOTAL: $ $ Describe any changes in budgeted amounts during this reporting period and the source of funds: Describe your efforts to obtain any additional funds for the project during this reporting period (if your project is underfunded): PROJECT ACTIVITIES Describe your accomplishments during the reporting period: Describe any problems encountered during this reporting period: Other comments: Send report to: Amin Houry Department fo Housing and Community Development 900 Australian Avenue, Suite 500, West Palm Beach, FL 33406 S:1Caplm prv~2005DisasterRecoveryl n itiativelRehabProgramslDelrayBeachlAgmt_No3_Muni.wpd Page 34 of 37 F m W T L d O O U N d a f!1 (Q a d ^^~ i}~1 L a '~ ~ Q ~ a` .I N O M N Q N O O O N Y .~ Q .t~r 'I L N ~ M ~ ~ C i O = O j U ~ ~ O ~ N m T ~ o p U Q1 ~ O Z Q d O '^ Q. ~ ~ o ` ~ o N ~ N O 6 `-"F O h a ~- o 5i ~m _ > ° o U - ~ y ,iv ai U :_ c ~`o " gy m i ~-a Arno ~ m~ Z= rs . > a > d U O p ~ m p aa~i o.Ua c~ N c m E rn E U ~N.~o ~UWUZtn II II II 1{ .- ma. .-. NmIIZUa £ ~.U W UZfA a _ U ~ O W ~ ` a o a, ~ V. u G C co ~ O = ~ y ' !7 ? O v ~ a O O 1r U oS ~ y n a ~ N N ¢x0 II ~ y ` v u C N W 'O ~ N II I ~ c0 I~ d d U U m p U y m v y ~ O C G~ U ~ m ~ U m o~¢ o w ~ ¢ ~ ~ $ m ~ D m ~ O_~L .O " .~ 'UL N A N[Q F F ~ .~ ~~ m Z S ?y v .-. II II [I II .. v ~ N M~~ ~ ~ R v ° ' c v o c o ~- E o a ¢Uy L ~ o N ~ ^.Q N [6 U ~ a tL m o u ~ .Z m.. n. v '- 3 w ~' _ "~ - o'm U ~ a> N y C ~ o mom "v~^ ~' am `o > >:a _ - ~ ~= as o v ~ ~ U ~ ~ c o " o, d i0 100 ~ ~ ~ im_ - m c ~ " y O U ~ .M.. CO O. - E ~ ~ O O U V Z U wD H °' ~ y~ZWO ~ II II II ~ N M ~ O O A U d o E ~U? ~ z E ' , _ o a` E W m o E y ~ m d'o= `or ~ N m c £ ~ o ~ a c ~ ~ m-,m n .a o v a isr -a o~ =' a ~ a ~ ~ ~ ~ m °1 -io ' a y o°, E 16 ~ v .` ~~ o ~ E E s t6 O y O in ~ _p N L O O ~ a C ~ .- C A .+ O •- 4) W U ~~'mmcv,m $ r o ~mE w o o d L ~ o~ ~ s E n oy`m . wm y - w m E ~ 3 .. ~~ j N C T = d i 'c y ~ r ~ G O oc. -oo ~ o `mL~ o a ' ~ r N c A m o ~ v o af0i `tl m o U 6 aEi ~ o ~ ~ a a ~Dyma 3'~ ° y N N ~ Cil N c E o a c m.~"a ~~.. O O O O O °' mE N T U n~ UV~'m E ° tl ~ Q Q Q Q Q 'o ` d v ~ m~~ '~o N °' ~ ~ ~' IV °~ ~ ~ N °' m a'~i N ~ ~ ~ V 1V ai ~ ~ N _ ?~ N ~oo-g o ~ •. E ~¢ ~0 zinUc~ (~6 zigUtn ~ zinUcn .... ( zin'Ui4 zv~Uin '_~° :" Page 35 of 37 LL H OD x x W Z v R d a R L d r v a LLI H LL W z w m C7 Z N 0 N d R a w O d Q O Q ~ ~ ^ i ~m 0 .~ :Q (0 N L ~ fE ~ N ,~ m ~ A ~ o ~ ?+ o U c°~ V d ~. •~ R az o .c ~~3 >,~ ~ N O ~ ~ U (p m Ez 7 ~ (n d N m'~~=~ ~,~ ~,~" ~ ~U a~i ~, ~ o ~ m i Z ~ c ~ ~ ~ ~ m } e m a ~ ~ ~~. a- ~ ~ '~ Z ~ ~ ' U w ~ U ~ ~ N U'' ¢ v _ O p O ~ Z~ CO N O ~ c Z ~ ~ y n ~ ~ ~ } 0 ~Z w N } p N N R Q O U ~ ~ ~ ~ y `° ~ > ~~~ ~s ~» ~ ~ Ev e» E» va e» ~ ea cfi o ~ ~ o E U ~ v m ~ ~s a ~ o ~- ~ Es e9 Mfr tfr to tt? K3 ~ ~ ~ sv ss m a . 3 ~ a~ -o ~= Q U w C N ~ ~ i U (n v a a~ ° ~ v ~ ~ ~ ~ cu cu ~ ~ ~ ~ m m o. E ~ E ~ ~ ~ ~ E E E ~ E ~ U (6 C6 C6 f6 f4 f4 !4 I6 (6 (6 t6 (6 Z U Q !~ ~ f!7 V1 h ~ ~ fA N N ~ h N p 3 O 0 E z Page 36 of 37 City of Delray Beach EXHIBIT G PALM BEACH COUNTY HOUSING & COMMUNITY DEVELOPMENT BENEFICIARY DATA REPORT Project Name: City of Delray Beach - 2005 DRI Housing Rehabilitaticn Prepared By: Report Date: lllllllllllllllllllllllllllllllllllllllll/llllll Number Total Beneficiaries: Proposed Total Beneficiaries: Actual LMI Beneficiaries: Proposed (80% of AMI or less) LMI Beneficiaries: Actual (80% of AMI or less) VLI Beneficiaries: Proposed (50% of AMI or less) VLI Beneficiaries: Actual (50% of AMI or less) Male Female Disabled Female Head of Household Elderly Hispanic Ethnicity No. of Units No. of Units Il1111111111111111111111111111111111111111111111 Owner Renter Occupied Occupied White N/A African American NIA Asian N/A American Indian or N/A Alaskan Native Native Hawaiian N/A Pacific Islander American Indian or N/A Alaskan Native and White Asian and White N/A African American and White NIA American Indian/Alaskan N/A Native and African American Other Multi-racial N/A Total NIA (same as Total Beneficiaries: Actual shown above) S:\Cap I m prv12005DisasterRecoveryl nitiativelRehabProgram s1Del rayBeachlAg mt_No3_Muni.wpd Page 37 of 37 MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: October 12, 2010 SUBJECT: AGENDA ITEM 8.I. -REGULAR COMMISSION MEETING OF OCTOBER 19, 2010 RESOLUTION N0.60-10 ITEM BEFORE COMMISSION Approve Resolution No. 60-10 to support continuation of an annual levy of 0.25 mills for school operational purposes for the next four fiscal years beginning July 1, 2011 and ending June 30, 2015. BACKGROUND On the November 2, 2010 ballot, Palm Beach County voters will consider continuing a 0.25 mill property tax levy for school operational purposes for four years. If approved, this will continue a funding source for education that has been in place since 1981. Continuing this tax levy will provide $32 million per year and fund 500 art, music, physical education, choice, and career academy teachers. RECOMMENDATION Approve Resolution No. 60-10 RESOLUTION N0.60-10 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY PEACH, FLORIDA, EXPRESSING SUPPORT FOR CONTINUATION OF AN ANNUAL LEVY OF 0.25 MILLS FOR SCHOOL OPERATIONAL PURPOSES FOR THE NEXT FOUR FISCAL YEARS PEGINMNG JULY 1, 2011 AND ENDING JUNE 15, 2015; PROVIDING FOR SEVERAPILITY AND PROVIDING AN EFFECTIVE DATE. WHEREAS, an independent committee of citizens and experts will oversee the use of revenue generated by the 0.25 mill levy of $32 million; and WHEREAS, the 0.25 mill levy reflects a continuation of an existing tax levy needed to keep teachers currently teaching art, music and physical education. This funding also supports magnet choice programs and career academies; and WHEREAS, the School District of Palm Peach County currently recognized revenue losses from the 2007-2008 fiscal year to the 2009-2010 fiscal year equivalent to a per pupil decrease of more than 6.8 percent in total funding, and a decline of $83.5 million in state revenues, and additional reductions are anticipated for the 2010-2011 and subsequent fiscal years; and WHEREAS, all school districts in the State of Florida, including the School District of Palm Peach County have experienced drastic State funding reductions in recent years while operating expel-~ses continue to rise; and WHEREAS, the City strongly supports a sound public educational system and recognizes its benefits to local governments in Palm Peach County. NOW, THEREFORE, PE IT RESOLVED PY THE CITY COMMISSION OF THE CITY OF DELRAY PEACH, FLORIDA: Section 1. That the City Commission hereby supports this important local funding option for education. Section 2. That the City Clerk is directed to provide copies of this resolution to the Palm Peach County School District, the Palm Peach County League of Cities, and the Greater Delray Peach Qzamber of Commerce. PASSED AND ADOPTED this 19~ day of October, 2010. MAYO R ATTEST: City Clerk RES. N0.60-10 +~'~~~NI:~,~~~~t~~nr ~>Et ~~ ~ ~t~ ~- rtt~;~~~~:~~~a:rvn}~t t~t~r~~n~~~1~"rI~ ~~-tl:r~:~j° +~ `~"}~~ ~7. mill lei,,, rcf7cctti a e~~r~ti~°~~~ticrn c~k~ar"r, e~£lStill~ t~t:~ Levy ~ac~c~d t~ ~~~~~ icacher ~ratNy tea~:3liir, al-l, n~~.i~~~ ~ah~~~;al c~d~ac~tc~t~. `h'is ~ui"ti~i~ het ~~q~rt.s rna`~t~~1 eh~e rc~r~s ~,~trr cier~is. +~ t~ u~i~l~~ndci~t c~~~nmitt t~~` ~;itcns an~~ ~~cpe:°rts ~~ i1l c?~'er5ee tka t~~e Sri. rev~~~~r~ ;err~er~tti y the . ~ ~p~ill ~e~~r~ cif ~nidlic~r~. + "Chi Skt~.~cal ~.?istr~irt oaf ~~a~cz7 13c~+~ ~'t~~r~~l~ r~a-r~t~;~ rv~c~a~i~c~ ~°a~c~tae I~»~cs fit°c~t~~ t:}~~: ~G}t~~- '~J~l f ~s~1 ye~~r t the ~l~y~ 1 f} ts~rl y~~~• ~c~i~v~lnt tc~ ~ rr«~° wail' ~lcre~~se ~f' ~~~r tl~aI'~ ~i. ~acrcerit its tcat~,r~l ~~aca~li~ a~ra~ ~ cir~c~lin~ ~" `~'.~ taailli~~r~ rz tit 1"e'!~GT7N~V~s, tizn~l citlitit~ta~l r~~}u~~ias ~~~~ ratic~i~aated ~c`rrtlro~ }()-~1 ~ ~~ s~ilasetl~rent titi~;trl years. ~- t1.11 s~;la~rct~l ~iistr~iets irr ~lm-e ~~~tc ~~k 1 lv~•i~l~ inel~ita the chc.,~~l If~istri t~f" ~'1~~~ l~e.~~ C"c~t~~~~y 6ro;a^~c~ e~aeri~~~ccc~ drastic tte, lundia~ re~lrwtti~a~a iaa reee~at years °laile l~er~itin~ ~x}~er~~~ 11'tl'C~llt~ ~(~ rise. ~l~e c~~r~tittuaii~r~ cad tl~e t).~ ~a~idt? l~els so~~l~~a~~ts sca~~r~d plalie ed~~eati~ar~al systerr~ and. rill laertetit the ~tl~deruts a~ad residents c~~ balm ~~eacla 'c~~~~ty. ~ ssui~~~ ~ 1?,~uu~~ assessed ~val~~e and ~; `~,(~() la~aetead eet~~rti~an, the laa~~~~aerty ~av~c~uer mill ec:~ntin~.~e tca laay ~ ~~° year. ~:)r ? cents ~er° l,I~l7 c~l'ta~a~al'e valaae, Budgeted Funding per Student $x,800 ..mm $x,600 l ~~ ;' ~w.. $y,~aa S~,2o0 s~ ~" ,,,,,,, -~~~+5 $x,000 -~ r f ' $361 . ~°;t $f,800 b $343 ~° '' ~;' X1$6 I ,~Y~ 4 ~ "~,' r4t r, $V,4VV 4 r ~~'"' ,,.,.. ~ ' Irr . ! $6 2~~ a£tl~c , F { ~" ~ ~t ` t :.. ~~,VUV :: t ""` ,. 1 f Judy zaay July 20~~ ~uiy zo0~ Ju~~ly ~. ~~al~,r 211 I~rr~~. 4 ire .25 Mills ~I ~ Fed. Stabilization Regular Funding "Ilel `~au~~~rt u<~li1y 1°,tlua~.~~tir~n N[~NBINDINN,~y STATEWIDE Al~V1~ORY REFERENDUM tZEFER~N>aUM ESTATAL C~NULTIVO NO V1NC Ut.ANTE Balancing the FaCl~rat Budget A Nradd~6rddVn~ R~Nfisrendum Caning far and Ad~rdarNddrN®n~t tcd tl,e United States C'sarNStitratcdmN Nn cx'der tD std thd~ VNmrrOnlr011ed ~rov~ Ud nUr natip~al tteb6 and pr~"Y~rNt. t~:SSGVk: t)c~rrgwinrt by Iher Fe~~d'atl ~ ;~vernrn~~pt„ ;vhirh [hreaf~GNS~ nniRlc ac~uc~dr~ aid rlatt~nal sec~,~rirv ShUUNd the iLln'~(r-t'I Stales Cpms[~tutlorr R~ arrNe~ded Ca r~quiro a balance^~ fede~~~p buaal~ef w-%h ~~~ut r,~ising laxes'7 `w'N= UN N~RE'SNJPLNESTCI FEtSER~4L FQUIUBRADt~ 5.V RE'FERNDUNN ND VINCULANTE PARR REN.~tMtAR UNA ENMIENDA A. LA CDNST'NTUCNi~'N DE LDS ES7`ADC4S tJNIIDt~S O~t7Yt u~tlras~"~ pyyner fin dl ¢rr~~irnienLu descontrolaca d~ nuastra deuda r,aci.~nal y pre~~~Pnir el erresivo andeu~darrupPrgtcy drdlga~uiiarno t~d~t'stl que n~ ~ffl NNC> '. rlP.sgita nu~Stra CnalTiia y (¶I~eStrB sr±~unded n~aciar~atl, ~de•Je7Pamos enmeradar Pa CnnSUtUGian dE 'Cr'S Estad~~ V„Nlrildtb5 pare ~'XHfdgr 4Nn prasWpua~G~ ~~ federal e uilibtada sin aurnentar Ins im uesCes7 PALM BEACH C'gRJIdITN • QUESTION CCtlNDADQ DE Pa4LtN BEACH - PREGUNTA REQUIRING COUNTY C4DP OF ETHICS, INDEPENDENT ETHICS C4N4NN'~NSS1~N AND INDEPENt~ENT IhtSP'ECT'OR GENERAL ",z$d'~III the PaNm B~ac}~ County Charpar' h~ arr~~nded t~~ require the Bty~ Dtru~rn'Gy Cernrnisslruters to ~5t?t'ilh5h by ordinances aLpliCaule 1.« Palm Lleaeh CCtuelty aNdd'aVf NmiWltiCtloalilies 8ppd'pNing This a?aterod~q'~~ent a Code of E~Rhkue ~rkgGptteprrtl-r,t t_;rrrun,ssi~~p Aa1 E~titbCS funded by [_ha County ~ nr,~nrissian, and artr irwdapa~rtdent Inspeelar GFneral furuated by the Ca~u~rky ,~~awtrmissiora aad ~~ ath~r governmerhlal ~adtirjNess sut6y~ra to the author,;ty ^f I~,~ Inspe~t~c G~t7~raN7 DISPONER Ct~D7iGND f7E UTICA DEI. CDNDADd'g, CDMNSICIN DE ~TNCA ~', INIaEPENDIENTE E INSPECTOR EN,EFtAIL INDEPENL7Il=NTE SI ~S~ dohera Pnmend 'ra Cana Cgns~CkCtucit~ntl de[ C;,ndado de Palm Baa~'d pars d'uspun~r que is Junta.. d~ Gc~raVs6rartados dRl r;or~da~d~ ~r5tahtlezoa - ._ aw~dlanto ordonain~z~s aplicab es ~+~` Ca~ruriart~-~ d~ Palm Beach y a toda munic:~aiir+atl qcn aFr'ue' e esla s~nm'cn~~: san C~d'ug~~ ~~ Mira, un~ Carao~su dl~» NCy ~Clca Nndepe~n~i~rr~t~ financiada p~or la ~;;omVsion del C^ndatlo, y u~n Inspector Generatl Indepr~ndierte r ~naed. iadp far la Cemision dr•V Cr~rrdada ~' a Irtda ND, d~raa~~s enlydad wt9a~rrra~"uenCa'N ue estP su eta a ~a autondaa oel Ins estor ueneral? SCHQgL DISTRICT DF PALM BEACH COUNTY • REEERENDUMI piSTRTTC7 ESCDLAR DEL CDNDADO DE PALM BEACH - REFEREN[1t~ REEERENDU~I TC~ Ct~NT1NNJE AN AD VALOREM LEVY FDR SCHOOL DPERATIt7NAL NEEDS ShuN'Ghe tichocl z~oard uI Pa;m Beach C~WtlSb~ have ~"~e au[h ~ , ~o continue to le~~~y p2h mills of a~2 vp~~orem mlllage de~Gcatec4 tam scNtzY~V ~ra~~ruatl {peedg I~ fugtd leac~h~fs, ati WPII a5 3'C5, NnUSIr,:, phy~iCa7 edu[.+l.~on, rarBer and 2cadentie prilt~r3nd5 tdD4 099e Ii5C71 Ylears~ Egtlnw~ln~g .~ddN~" ~ ~~t1 crud ~r°ding JcnR ~D, 2015, 'with o~'ersiq~n[ by an independent Imance uemrrtittee of eitize~s and t;xp~;o~s" `NEa Referendo pars continuer un impuesto al avaluo pare necesidadt~S da aperaclr5dd ctrl Nascuelas SI ~,L'ebEra la Jrartta E~colar del Condado de Pa1n~, Beach tenet la autr~idad tte ccrntinuar a im~pcrder 4t ~5 mlf~~u~as de Vs~p~ue~tas exydresa~cs en - .._.. uaaVtl~simas de d',t5lair aN avali;o :tc.rlicadn ~ las ~tecesidades de operac,pNd de Vas escueBa»d pare Finaneiar a ptof~„sr,rrs, all ig,uaU ~dNe aa`C~S, rddu~ica, I~Jp ectNaC~LNrSn ~SNGa, pr4g[arr'i;~s Para [arreras y academicos pzra ed arlo fiscal que erttpNeza eN 9 deprall~a de ^~tI19 y'trrniina el :'~~ de lummp dN; 2~I115, Cpdd Ile ND s~ !~N4^tsdbrw ~~ ktrA Yt~ atr'? finances im*e rr"_~polBnle C~7(tl 412'.SIU or alUdadanG~S~ eyt. 6t~S'~ MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: October 5, 2010 SUBJECT: AGENDA ITEM 8.J. -REGULAR COMMISSION MEETING OF OCTOBER 19, 2010 RATIFICATION OF APPOINTMENT TO THE PARKING MANAGEMENT ADVISORY BOARD ITEM BEFORE COMMISSION This item is before the City Commission for ratification of an appointment to the Parking Management Advisory Board. BACKGROUND On September 20, 2010, the Planning & Zoning Board appointed Mr. Mark Krall as their regular representative on the Parking Management Advisory Board for an unexpired term ending July 31, 2011. The Parking Management Advisory Board was established by Resolution No. 88-97 on December 9, 1997. The purpose of the Board is to advise and provide recommendations to the City Commission regarding parking management policy and related issues including but not limited to, the planning, financing, development, construction and operation of parking facilities within the boundaries of the Transportation Concurrency Exception Area (TCEA), as well as, all public parking areas located along State Road AlA within the corporate limits of the City. A check for code violations and/or municipal liens was conducted. None were found. Voter registration verification was completed and registration was confirmed. RECOMMENDATION Recommend City Commission approve and ratify the appointment of Mr. Mark Krall, representative for the Planning & Zoning Board, for an unexpired term ending July 31, 2011. 09/10 PARKING MANAGEMENT ADVISORY BOARD TERM MEMBERS CATEGORY EXPIRES 07/31 /11 Mark Krall a~ o9/zo/1o P & Z Ratified 07/31/12 William Morse CHAMBERS a~ o~/z1/1o Ratified 08/17/10 07/31/11 Herman Stevens CRA a~ 0/09/09 Ratified 09/10/09 07/31 /12 WARC Unexp Appt Vacant 07/31 /12 Fran Marincola, Vice Qzair a~ m/zo/o6 alt DDA Ratified 08/15/06 alt Reappt07/14/08 reg Ratified 08/19/08 reg Reappt07/12/10 Ratified 08/17/10 The representatives above are ratified by the City commission. The representatives below are appointed by the City Commission. 07/31 /12 Peggy Murphy Atlantic Avenue Comdor a~ 01/05/10 $etween Swinton Avenue and the Intracoastal 07/31 /12 Alan Kornblau Atlantic Avenue Comdor Unexp Appt 01/03/08 $etWeen SWiritOn AVenue Reappt o1/05/1o and Interstate 95 07/31 /12 John Gergen Atlantic Avenue and State Unexp Appt 05/06/08 Road AIA COTT1dO2S and Reappt o1/05/10 lying East of the Intracoastal Waterwa 07/31 /12 Cecelia $oone Old School Square Unexp Appt 03/21/06 H1St021C AT'fS I~LStt1Ct Reappt0l/15/08 Rea 01/05/10 07/31 /11 Mr. $ruce Gimmy Citizen at-Large Unexp Appt 12/01/09 07/31/11 George $rewer Citizenat-Large Appt02/03/09 PARKING MANAGEMENT ADVISORY BOARD ALTERNATE MEMBERS TERM MEMBERS CATEGORY EXPIRES 07/31/12 Unexp Appt Vacant P&Z 07/31/12 Unexp Appt CHAMBERS Vacant 07/31 /12 Veronica Covington Appt 06/24/10 CRA Ratified 08/17/10 07/31 /10 Jimmy Weatherspoon a;~ 0/09/08 WARC Ratified 10/21 /08 07/31 /12 Diane Franco DDA Unexp 08/21/09 Ratified 11/17/09 Reappt07/12/10 Ratified 08/17/10 S/City Qerk/Boardl0/Parking Mana~ment Achnsory Board Contact: Scott Aronson -Parking Management Specialist 243-7196 Commission Liaison: Commissioner Gary Eliopoukos MEMORANDUM TO: Mayor and City Commissioners FROM: Amanada Solomon, Telecommunications Systems Manager THROUGH: Robert A. Barcinski, Assistant City Manager David T. Harden, City Manager DATE: October 15, 2010 SUBJECT: AGENDA ITEM 8.K. -REGULAR COMMISSION MEETING OF OCTOBER 19, 2010 SERVICE ARRANGEMENT AGREEMENT/AT & T FLORIDA ITEM BEFORE COMMISSION Commission is requested to approve a contract for a master Service Arrangement Agreement with AT&T for Centrex Service, Business lines, MegaLink Circuit and Primary Rate ISDN's in the amount of $119,733.72 annually. This is a reduction of $35,204.16 annually for all Network services throughout the City. BACKGROUND City Commission is requested to approve an agreement with AT&T to renew our expiring service contracts under a New Rate Plan for a period of thirty-six (36) months. This contract provides for renewal of our existing Centrex Contract, three (3) Primary Rate ISDN's, one (1) MegaLink Circuit which supports our Radio System infrastructure and six (6) business lines supporting Lakeview Golf Course. This contract provides for Telecommunications service to thirty-eight (38) locations throughout the City, including Old School Square which was added to our contract thirteen (13) years ago to help defray some of their communications cost. Old School Square is then billed back for their portion of the costs. The attached proposed contract is for a period of thirty-six (36) months. FUNDING SOURCE Funding is distributed throughout all City departments based on the number of lines assigned to each department and /or division. RECOMMENDATION Staff recommends approval of the proposed thirty-six (36) month agreement with AT&T in the amount of $119,733.72 annually, with funding to come from various departmental accounts. ~~$~f Contract Service Arrangemen# Agreemen# Case Number FL10-2910-DO This Contract Set•vice Arrangement (GSA) Agreement ("Agreement") is by and between BellSouth Telecommunications, Inc. d/bla AT&T Florida, ("Company") and City of Delray Beach ("Customer" or "Subscriber"). This Agreement is based upon the following terms and conditions as well as any Attachment{s) affrxed and the appropriate lawfully filed and approved tariffs which are by this reference incorporated herein. Subscriber requests and Company agrees, subject to the terms and conditions herein, to provide the service described in this Agreement at the monthly and nonrecurring rates, charges, and conditions as described in this Agreement ("Service"). The rates, charges, and conditions described in this Agreement are binding upon Company and Subscriber for the duration ofthis Agreement. Fot• the purposes of the effectiveness of the terms and conditions contained herein, this Agreement shall become effective upon execution by both parties. For purposes of khe determination of any service period stated herein, said service period shall commence the date upon which installation of the service is completed. 2. Company agrees to provide Subscriber notice of any additional tariffed services required for the installation of the Service. Subscriber agrees to be responsible for all rates, charges and conditions for any additional tariffed services that are ordered by Subscriber. 3. This Agreement is subject to and controlled by the provisions of Company's or any of its affiliated companies' lawfully filed and approved tariffs, including but not limited to Section A2 of the Getreral Subscriber Services Tariff and No. 2 of the Federal Communications Commission Tariff and shall inchrde all changes to said tariffs as may be made from tune to time. All appropriate tariff rates and charges shall be included in the provision ofthis service. Except for the expressed rates, charges, terms and conditions herein and except as otherwise provided in Section 13 below, in the event any part of this Agreement conflicts with the terms and conditions of Company's or any of its affiliated companies' lawfully filed and approved tariffs, the tariff shall control. 4. This Agreement may be subject to the appropriate regulatory approval prior to commencement of installation. Should such regulatory approval be denied, after a proper request by Company, this Agreement shall be null, void, and of no effect. 5. If Subscriber cancels this Agreement prior to the completed installation of the Service, but after the exeeutio~r of this Agreement by Subscriber and Company, Subscriber shall pay all reasonable costs incutr•ed in the implementation ofthis Agreement prior to receipt of written notice of cancellation by Company. Nohvithstanding the foregoing, such reasonable costs shall not exceed all costs rv3aich would apply if the work in the implementation of this Agreement had been completed by Company. 6. The rates, charges, and conditions described in this Agreement tnay be based upon information supplied to Company by the Subscriber, including but not limited to forecasts of growth. If so, Subscriber agrees to be bound by the information provided to Company. Should Subscriber fail ko meet its forecasted level of service requirements at any time during the term of this Agreement, Subscriber shall pay all reasonable costs associated with its failure to meet its projected service requirements. 7. (a} If Subscriber cancels this Agreement or a Service provided pursuant to this Agreement at any time prior to the expiration of the service period set forth iu this Agreement, Subscriber shall be responsible for• all termination charges. Unless otherwise specified by the tariff or stated elsewhere in this Agreement, Page 1 of 20 AT&T and Customer Confdentia[ lnforma#ien ~t~t Contract Service Arrangement Agreement Case Number FL10-2910-00 termination charges are defined as fifty percent (50%) of the recurring charges due ar remaining as a result of the minitnum service period agreed to by the Company and Subscriber and set forth in this Agreement and any nonrecurring charges that were not applied upon installation as set forth in this Agreement. {b) Subscriber further acknowledges that it has options for its telecommunications services from providers other than Company and that it leas chosen Company to provide the services in this Agreement. $. This Agreement shall be construed in accordance with the laws of the State of Florida. 9. Except as otherwise provided in this Agreement, notices required to be given pursuant to this Agreement shall be effective when received, and shall be sufficient if given in writing, hand delivered, or United States mail, postage prepaid, addressed to the appropriate party at the address set forth below. Either party hereto may change the name and address to whom all notices or other documents required under this Agreement must be sent at any time by giving written notice to the oilier party. Company BellSouth Telecommunications, inc. dlb/a AT&T Florida Assistant Vice President 2180 Lalce Blvd., 7'h Floor Atlanta, GA 30319 Subscriber City of Delray Beach 100 NW First Avenue Delray Beach, FL 33444- 10. Subscriber may not assign its rights or obligations under this Agreement without the express written consent of Company and only pursuant to the conditions contained in the appropriate tariff. 11. In the event that ane or more of the provisions contained in this Agreement or incarporated within by reference shall be invalid, illegal, or unenforceable in any respect under any applicable statute, regulatory requirement or rule of law, then such provisions shall be considered inoperative to the eYtettt of such invalidity, illegality, or unenforceability and the remainder of this Agreement shall continue in full force and effect. 12. Acceptance of any order by Company is subject to Company credit and other approvals. Following order acceptance, if it is determined that: {i) the initial credit approval was based on inaccurate or incomplete information; or (ii) the customer's eredirivorthiness has significantly decreased, Company in its sole discretion reserves the right to cancel the order without liability or suspend the Order until accurate and appropriate credit approval requirements are established and accepted by Customer. 13. Customer and Company aelcnowledge and agree that to the extent the Service provided tinder this Agreement is deregulated or de-tariffed by operation of law, regulation, or otherwise, all references in this Agreement to "BellSouth General Subscriber Services Tariff', "BellSouth tariffs", "Be1lSotith's lawfully filed tariffs", or any other reference to Be1lSouth's tariffs on file with the Public Service Commissioners} of the applicable state or states shall be deemed reference to the terms set forth in this Agreement, as well as the Service Page 2 of 20 AT&T and Customer Confdential ]nformation ~~~t Contract Service Arrangement Agreement Case number ~L10-2990-00 Descriptions and Price Lists and the BellSouth Service Agreement, all of which can be found at the link found at www.att.com/service ublications, all incorporated herein by refetnce as if fully included herein. Customer agrees such deregulated or de-tariffed Service shall be provided in accordance with the terms and conditions set forth in this Agreement, the Service Descriptions and Price Lists for each applicable state or states and the BellSouth Service Agreement found at the link above, To the extent there exist any discrepancies or inconsistencies beriveen the terms set forth in the body of this Agreement and those incorporated by reference, the terms and conditions set forth in the body of this Agreement shall govern. 1.4. Customer acknowledges that Customer has read and understands this Agt•eement and agrees to be bound by its terms and conditions including all terms set fot'th in the Service Descriptions and Price Lists found at ww~v.att.cotn/service ublications, as applicable. Customer fiuthet• agrees that this Agreement and any attachments hereto, constitute the complete and exclusive statement of the agreement behveen the parties, superseding all proposals, representations, and/or prior agreements, oral or written, between the parties relating to the subject matter of the Agreettrent. This Agreement is not binding upon Company until executed by an authorized employee, partner, or agent of Customer and Company. This Agreement may not be modified, amended, or superseded other than by a wt•itten instrument executed by both parties. The undersigned warrant and rept•esent that they have the authority to bind Customer and Company to this Agreement. Page 3 of 20 AT&T and Customer Confidential information ~$&~ Contract Service Arrangement Agreement Offer Expiration: This offer shall expire on: 1219/2010. Estimated service interval follo`ving acceptance date: Negotiable weeks, Case Number t~L10-2910-00 Option 1 of 1 Service description: This Contract Service Arrangement (CSA) provides 13el1South® Primary Rate 1SDN - VoicelData {Standard} (minimum number of B-Channels per PRl required) with 1;xtended Local Calling Plan, BellSouth Centrex , MegaLink, and BellSouth Local Exchange Services. This Agreement isfor athirty-six (3sj month service period. Services installed during the term of this Agreement will have a service period coterminous with the term of this Ag~'eement. Contingent upon Cusromer executing this Agreement, Termination Liabiiity will be waived on existing 1SDN Primary Rake at the current Cenfi•al Offices to enable the move to the new Central Office equipped for PRY. Use of Service: Customer agrees that the Service will only be used to transport the voice and/or data traffic of Customer and its Affiliates, and not to originate or terminate voice and/or data traffic to bypass swi#ched access charges as defined by applicable state and federal telecommunications law. Customer understands that this covenant is an essential part of the undertaking by AT&T herei~i, and that AT&T is relying upon Customer's covenant as an inducement to sell the Service. Customer agrees to compensate AT&T for any switched access charges that AT&T is obligated to pay, or entitled to collect, as a result of Customer's use of the Services, and Customer further agrees that this obligation to compensate AT&T shall not be capped or limited. As used herein the term Switched Access, generally speaking, means the charges that a long distance company is required to pay to a local telecommunications company for the termination or origination of long distance calls to or from a customer whose phone is connected to the local telecommunications company's local switching network. "Affiliate" of a party means any entity that controls, is controlled by, or is under common control with, such party. This Agreement shall be extended for additional one-year terms under the same terms and' conditions herein unless either party provides written notice of its intent not to renew the Agreement at least sixty (60) days prior to the expiration of the initial term or each additional one- year term. Page 4 of 20 AT&T and Customer Con#idential Information ~t~# Contract Service Arrangement Agreement Case Number FL10-2910-00 Option 1 of 1 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed 6y their duly authorized representatives on the dates set forth below. Accepted by: Subscriber: City of Delray Beach By: Authorized Signature Printed Name: Title: Date: Company: BellSouth Telecommunications, Inc. dlb/a AT&T Florida By: Authorized Signah~re Printed Name: Title: Date: Page 5 of 20 AT&T and Customer Confidential information ~~s~t Contract Service Arrangement Agreement Case Number 1=L1fl-291fl-00 Option 1 of 1 RATES AND CHARGES Rate Elements Non-Recurring Monthly Rate IJSOC 1 BellSouth® Primary $.00 $.00 1 LDi E Rate ISDN Access Line, each 2 BellSouth®Primary $.00 $.00 PR71V Rate ISDN Interface, each -VoicelData (Standard) 3 BellSouth® Primary $.00 $.00 PR7BV Mate ISDN B-Channels, each -VoicelData (Standard) ~} BellSouth® Primary $.00 $10.00 PR7CN Rate ISDN Calling Name Delivery Feature -Per Primary Rate Interface 5 BellSouth® Primary $.00 $.00 PR7EX Rate ISDN D-Channel -Each Fi Telephone Numbers $.00 $0.20 PR7Tl= for f=iat Rate BellSouth® Primary Rate ISDN VoicelData (Standard), Per telephone number requested inward and 2-way Page 6 of 20 AT&T and Customer Confidential information ~~&# RATES AND C>iARGES 7 8 9 10 11 Contract Service Arrangement Agreement BeIlSouth® Primary Rate ISDN PRi Overflow Arrangement BeIlSouth® Primary Rate ISDN Redirect Numbers Feature BeIlSouth® Primary Rate ISDN, PRi Overflow Feature for VoicelData Arrangements, BeIlSouth® Primary Rafe ISDN, Flat Rate Bundle (1-1LD1e, 23- PR7BV, 1-PR79V) Optional Calling Plan, Extended local Galling Plan, 10,000 Minutes Per Monlh Plan, Per Plan -Overage rate of $.045 per minuto of use (Minimum of 17 B- Channels per PRI required.) $AO $.00 $.00 $.00 $.DO Gase Number Ft_10-2990-00 Option 1 of 1 $.00 $AO $.00 $ 500.00 $4fl.00 WCC84 PR7RN PR7OF OCWFD Page 7 of 20 ATS~T and Customer Confdential Information ~~&~ Canfract Service Arrangement Agreement RATES AND CHARGES 12 Optional Calling Plan, 1=xiended Local Coiling Plan, 15,000 Minutes Per Month Plan, Per Plan -Overage rate of $.039 per minute of use {Minimum of 17 B- Channels per PRI required.) 13 Assigned Telephono Number wilhout Facilities 14 MemoryCall Delux-90 Minutesladditional minutes $.04 each 15 Transfer Mailbox Existing MemoryCall Customer Conv la SESS 18 Business Mulfi-Line Service, All Rate Groups -Por line 17 Business Flat-Rate Multiline with Caller IQ All Rate Groups 18 Grouping Service, Business -Per line, trunk, or NAR Case Number FL10-2910-00 Option 1 of 1 $.00 $50.00 OCWFE $.00 $0.10 ATNCS $AO $3.18 WMNEH $.00 $.00 VMSAX $.00 $25.00 MFB $.00 $25.00 MFBCL $.00 $.00 HTG Page 8 of 20 AT&T and Customer Confidential Information ~~~t Contract Service Arrangement Agreement RATES AND CHARGES Case i~lumber FL10-2914-04 Option 1 of 1 19 Custorn Calling $.00 $.00 BSM Services, BusinesslBuslness PBX, Individual Fea#ures, Call Forwarding Variable -Per central affiee per line/#runk equipped 20 BellSvuth TouchStar~ $.DO $.00 NOB service, Individual Features, Business, Calling Number Delivery Blocking - Permanent -Per line (Agency) (Only available to subscribers of Non-Published Listing Service as described in A6.4.1 of the GSST or special agencies as defirred in A13.19.3.A.8 of the GSST) 21 BellSouth TouchStar® $.00 $.ao NSD SBN[Ce, Individual Features, Business, Caller ID-Basic -Per line 22 BeIlSouftt TouchSlar® $.00 $.04 NSS service, Individual Features, Business, Call Return -Per line Page 9 of 20 AT&T and Customer Confidential Information ~~&~ Contract Service Arrangement Agreement Gase Number 1;L10-2910-00 Option 1 of 1 F'tA7i=S ANp CHARGBS 23 BellSouth TouchSla~ $.00 $,00 NSY SBNICe, individual Features, Business, Cali Black -Per line 24 Galler iD Name- $.00 $.00 NXMCR Numbor Delivery Anonymous Call Blocking 25 MomoryCall Del $.00 $.00 VMEXX Expanded VMS 300MinlAddl Min $.08 2B MemoryCall Voice Mail $.00 $12.95 MBBBF Fiat i2t 27 MemoryCall $.00 $29.95 CCRA6 Anncouncement 6 Minutes 28 MegaLink® service, $.00 $80.79 1 LDPZ Digital Local Channel, first 112 mile 29 MegaLink® service, $.00 $36.55 1 LDPA Digital Local Channel, each additional 112 mile 30 Clear channel $.00 $.00 CCOE*F capabilify, extended superirame format, at initial installation Page 10 of 20 AT&T and Customer Canfideniiai Information 1~&~ Contract 5erviee Arrangement Agreement Case Number FL10-2910-0D Option 1 of 1 RA7ES ANp CHARGES 31 Megal_ink® Service Establishment Charge, per entire Megal.ink® 32 MegaLink® service, premises visit, per visit 33 BeIlSouth® Centrex service, Payment Plan 5, Standard common equipment, each 34 BeIlSouth® Cenlrex service, Payment Plan 5, Common equipment cus#amized by the Company at the subscriber's request, each 35 BellSouth®Centrex service, Payment Plan 5, Standard Features, per station line, each 36 BeIlSouth® Centrex service, Payment Plan 5, Sta#ion Links, Flat Rate, each $AD $.00 MGLS>r $.00 $AD MGLPV $.00 $344.25 M 1 AC S $.OD $344.25 M1ACC $.OD $3.35 CENAA $.OD $1 D.06 M4LFA t'age 11 of 20 AT&7 and Customer GonGdential Information ~$&~ Contract Service Arrangement Agreement RATES AN[] CHARGt=S 37 BellSouth® Centrex service, Payment Plan 5, Station Links for 800 Service Termination, Flat Rate, each 38 BellSouth®Centrex service, Payment Plan 5, Station Links Equipped with Caller ID, Flat Rate, each 39 BeIlSouth® Centrex service, Payment Plan 5, Station Links for Provision in a Different Serving Wire Center, Rat Rate, each 40 BellSouth® Centrex service, Payment Plan 5, Station Links for Provision in a Different Serving Wire Center for 800 service Termination, Flat Rate, each 41 B~;llSvultt® Cenlrex service, Payment Plan 5, Station Links Termination on MegaLink® service, LighlGate® service, or Equivalent Services, Flal Rate, each $.00 $.00 $.00 $.ao $AO Case Number FL10-2910-00 Option 1 of '[ $10.06 M4LFB $10.06 $10.06 $1o.a6 $.00 M4LFH M4LFM M4LFz M4LF9 Page 12 of 20 AT&T and Customer Confidential Information *~~&~ Contract Service Arrangement Agreement RATES AND CHARGES 42 BellSouth® Centrex service, Payment Plan 5, Station Links Termination on MegaLink®service, LightGate~? service, or Equivalent Services for 800 service Termination, Flat Rafe, each 43 BellSouth® Centrex service, Payment Plan 5, Bridged Links, located on different premises from station link on non-continuous property, each 44 BellSouth® Centrex service, Payment Plan 5, Bridged Links, located on difforont premises from station link on same continuous property, each 45 BellSouth®Centrex service, Payment Plan 5, Extended Bridged Links, extended fo different premises, different sowing wire center, each 46 BellSouth®Centrex service, Payment Plan 5, Interoffice Channels, Per Non- ISbN service channel, each $.00 $.00 $.00 $.00 $.00 Case Number i=L10-2910-00 Option 1 of 1 $AO M4LF2 $10.06 $10.06 $10.08 $24.25 M1FNX M 11=CX M1 F1;X M1GBC Page 13 of 20 AT&T and Customer Confidential Information a~~t Contract Service Arrangement Agreement Case Number 1=L10-2910-OD Option 1 of 1 RATF=S AND CHARGES X47 BellSouth®Centrex $.00 $1.60 M1 GBM service, Payment Plan 5, Interoffice Channels, Per Non- ISDN service channel, per mile 48 BellSouth®Centrex $.OD $AO CENAN service, Payment Plan 5, Automatic !Number Referral, per line with anon-listed Directory Number X49 BegSouth® Centrex $.00 $.QO CENAI_ service, Payment Plan 5, Automatic Number Referral, per line with a listed Directory Number 50 BellSouth®Centrex $.00 $AD M2ADA service, Payment Plan 5, Systems Communication Service, System Abbreviated Dialing Capability for 100 Numbers, Per system 51 BeIlSouth® Centrex $.OD $11.00 M9QCX service, Payment Plan 5, Network Access Register (NAR) Package, per NAR, Both-way, F=lat Rafe Page 14 of 20 AT&T and Customer Confidential Information ~~~~ Contract Service Arrangement Agreement RATES AND CHARGES 52 BellSouth® Centrex service, Payment Plan 5, Network Access Register (NAR) Package, per NAR, One-way Inward, Flat Rate 53 BellSouth®Centrex service, Payment Plan 5, Network Access Register (NAR} package, per NAR, One-way Outward, Flat Rate 54 BeIlSouth® Centrex service, Payment Plan 5, Grouping Service, Business, per NAR made rotary 55 BellSouth® Centrex sorvice, Payment Plan 5, Anonymous Call Blocking 56 BeIlSouth® Centrex service, Payment plan 5, Caller I[3 57 BellSouth®Centrex service, Payment Plan 5, Calling No Delivery Blocking Permanent, per Lino Agency Caso Number FL10-2910;00 Option 1 of 1 $.DO $11.00 M9Q1X $.00 $11.00 M9QOX $.00 $.QO HTG ~.ao $.oa MzI~RL $.00 $.00 M2NA7 $AO $.00 M2NFA Page 15 of 20 AT&T and Customer Confidontial Information ~t~t Contract Service Arrangement Agreement R.4Tt=S AND CHARGBS 58 BellSouth®Centrex service, Payment Plan 5, Code Restriction of 10XXX and 101XXX 59 BeIlSouth® Centrex service, Payment Plan 5, Cade Restriction 900-976 60 BellSouth®Centrex service, Payment Plan 5, Code Restriction of 1 + (except 1+800, 1+888) 61 BeIlSouth®Centrex service, Payment Plan 5, Message Waiting Audible 62 BeIlSouth®Centrex service, Payment Plan 5, Toll Restriction 63 BellSouth®Centrex service, Payment PEan 5, Automatic Line-bir Connect 64 BeElSoulh~ Centrex service, Payment Plan 5, Call Forward Don't Answer Fixed-All CaEls tJnreslricted Case Number FL10-2910-00 Option 1 of 1 $.00 $.00 M2P1A $.00 $.00 M2P9A $.00 $AO M2PCC $AO $.00 M3CAA $.DO $.00 M3ORA $.00 $.00 M46AC $.00 $AO M4NFC Page 16 of 20 AT&T and Customer Confidential Information ~~&~ Contract Sorvico Arrangement Agreement RATES AND CHARGES 65 BellSouth®Centrex service, Payment Plan 5, Call Hold per Line wish Olher Flash Features 66 BellSouth®Centrex service, Paymenl Plan 5, Call Relurn 67 BellSouth® Centrex service, Payment Plan 5, 3Way Calling- Consultation-Hold Transfer /Line l3nreslricted 68 BellSouth®Centrex service, Payment Plan 5, Parity Charge- Netork Access Register 69 BeIlSouth~ Centrex service, Payment Plan 5, Cail Forward Variable, without Ring Reminder 70 BellSouth® Centrex service, Payment Plan 5, Remote Access to Call Forwarding, per Station Link $.00 $.00 $.00 $.00 $.00 $.00 Case Number FL10-2910-00 Option 1 of 1 $.00 M4RXC $.00 $.00 $6.66 $.00 $7.75 M4VRC MSUTC PGSA7 CENLP C1=N02 Page 17 of 20 AT&T and Customer Confidential Information ~$&~ Contract Service Arrangement Agreement Case dumber FL10-2910-t7D Option 1 of 1 RATES AN1] CHARGES NOTES: 1. Extended Local Calling Plan is an optional service designed to provide intraLATA long distance/toll calling for business customers via a monthly rate for a fixed number of long distance/toll minutes for all calls that are dialed to exchanges within the LATA, but outside the Local Calling Area {LCA} as defined in Section A3 of the General Subscriber Services Tariff. a. The Extended Local Calling Plan accumulates intraLATA minutes within the same state Revenue Accounting Office {RAO} from single earning numbersllacationslaccount numbers {non-aggregated) and/or multiple earning numbersllocationslaceount numbers {aggregated). h. A customer may have both non-aggregated and Aggregated Extended Local Calling Flan on the same agreement. c. Extended Local Calling Plan is available only in conjunction with the following flak rate services: 1) I3ellSoutli Frimary Rate 1SDN w/li'lat Rate 13-Channels 2) Flat Rate Single Line Business 3} Flat Rate Multilane Business Rates far these services include local usage in the Local Calling Area and are in addition to those for Extended Local Calling Plan. d. Extended Local Calling Plan customers may aggregate usage of like services from different earning numbersllocations/account numbers within the same state Revenue Accounting Office (RAO}. Extended Local Calling Plan customers may not aggregate usage of unlike services. For example, customer may aggregate usage for flat rate simple business lines and flat rate complex business lines, but may not aggregate usage for flat rate business lines and Primary Rate 1SDN}. e. The Extended Local Calling Plan is furnished subject to the availability of facilities. f. Exte~rded Local Calling Flan usage will be determined as follows: 1) Extended Local Calling Plan incurs a monthly flat rate far a fixed number of minutes {Minutes Per Month Plan} to exchanges within the LATA. 2} Minutes that exceed the Minutes Per Month Plan fixed allowance will be charged a per minute rate for each additional minute. 3) Extended Local Calling Plan usage will be rounded in six {6} second increments. g. Call Detail will not be available on the Extended Local Calling Plan customer bill, and will not be available for customer review. h. In the event that minutes of use for calls terminating in an Independent Company Exchange exceed 1 S% of the customer Minutes Per Month Plan allowance, Company reserves the right to terminate that ciEStomer's Extended Local Calling Plan. 2. All applicable rates and regulations for ]3e11South® Primary Rate ISDN as set forth in the General Subscriber Services Tariff are in addition to the rates and regulations contained in this Contract Service Arrangement with the exception that volume discounts as outlined in the tariff do not apply. Page 18 of 20 A7&7 and Customer Confidential Information ~~&~ Contract Service Arrangement Agreement Case Number 1=L10-2910-00 Option 1 of 1 3. For Extended Local Calling Plan a Termination Liability Charge is applicable if service is Terminated prior to expiration of this Agreement. The applicable charge is dependent on the service period subscribed to and will be equal to the number of months remaining in the service period times the monthly rate provided under this Agreement. ~1. Apply five End User Common Line Charges for each PRI Interface. 5. Other rate elements used in the provision of the service may not have been listed herein, but can be found in the appropriate BellSouth tariff. 6. Subscriber is responsible for miscellaneous charges when applicable. (Examples are local, state, and federal taxes; Universal Service Fund charge; End User Connnon Line charge; etc.) 7. The rates set forth in this Agreement are based upon Subscriber retaining and agreeing to pay Company for the minimrun number of 13-Channels per PRI required for the Extended Local Calling Plan, Minutes Per Month Plan(s) ordered within the same sta#e Revenue Accounting Office throughouk the term of this Agreement (detailed below tivith its associated i~lim~tes Per Month Plan). Minutes Per Month Plan Minimum PRI Minimum B-Channels Per PRI 1,000 1 10 2,500 1 10 7,500 1 10 10,000 1 17 15,000 1 17 30,000 2 17 X45,000 3 17 60,000 4 17 75,000 5 17 90,000 6 17 S. Under the terms of this Agreement, the Company will waive the Customer's first month's `Monthly Rate' on the BellSouthz® Primary Rate ISDN Rate Elements only set forth under the Rates and Charges Section of this Agreement for new i~tistallations of BeIlSouth® Primary Rate ISDN with Extended Local Calling Plan. Such services should be installed within normal Company installation intervals. 9. Centrex Payment Plan designation is for provisioning purposes only. 10. 'fhe appropriate tariff notes associated with each rate element apply as specified in the GSST. 11. The following nonrecur.riug citarges will not apply upon installation. However, if all ar any part of the service is disconnected prior to the expiration of the selected term, then Customer will pay fill norn•ecurring charges that were waived at installation as identified below in addition to applicable termination liability charges: USOC Deseri Lion Nonrecurrin Char e Page 19 of 20 AT&T and Customer Confidential Information ~~&~ Contract Service Arrangement Agreement Case Number FL10-2910-00 Option 1 of 1 CENAA CentreY Features $19.50 each M1ACS Standard Common E ui cnent $600.00 each M1ACC Customized Common E ui ment $750.00 each CENAN Automatic Number Referral, per Line with Non- Listed DN $13.00 each M2ADA System Abbreviated Dialing Capability for 100 Numbers, er S stem $75.00 each MBBBF Voice Messaging Service $15.00 each VMEXX Deluxe Ex ended Voice Messa in Service $15.00 each Line Connection, first $63.50 each Line Connection, Additional $12.05 each 1LD1E P.RIAccessLine $875.00 each PR71 V PRI Interface, Voice/Data (Standard) $110.00 each PR7BV PRI 13-Channels, VoicefData [Standard) $5.00 each MIGBC Non-ISDN Service Channel $210.00 each PR70F Overflow Feature far VoicelData $100.00 each 1LDPZ Me aLinl~ Local Channel, First 112 Mile $350.00 each IViGLPV One-Time Charge for Premise Visit $40.00 each MGLSE One-Time Charge for Service Establislnnent $575.00 each WCC9~l PRI Overflow Arran ement $100.00 each PR70F Overflow Feature for Voice/Data Arrangements $100.00 each Furthermore, if Customer disconnects all service offered on this Agreement, then a Contract Preparation Charge applies i~~ the amount of $123.00 in addition to applicable termination liability charges. All trademarks and service marks contained herein are owned by AT&T Intellectual Property and/or AT&T affiliated companies. END OF ARfiANGEMENT AGREEMENT OPTION 1 Page 20 of 20 AT&T and Customer Confidential Information MEMORANDUM TO: Mayor and City Commissioners FROM: Jasmin Allen, Planner Paul Dorling, AICP, Director of Planning and Zoning THROUGH: City Manager DATE: October 14, 2010 SUBJECT: AGENDA ITEM 8.L. -REGULAR COMMISSION MEETING OF OCTOBER 19, 2010 REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS ITEM BEFORE COMMISSION The action requested of the City Commission is review of appealable actions which were taken by various Boards during the period of October 4, 2010 through October 15, 2010. BACKGROUND This is the method of informing the City Commission of the land use actions, taken by designated Boards, which may be appealed to the City Commission. After this meeting, the appeal period shall expire (unless the 10 day appeal period has not occurred). Section 2.4.7(E), Appeals, of the LDRs applies. In summary, it provides that the City Commission hears appeals of actions taken by an approving Board. It also provides that the City Commission may file an appeal. To do so: . The item must be raised by a Commission member. By motion, an action must be taken to place the item on the next meeting of the Commission as an appealed item. REVIEW BY OTHERS Site Plan Review and Appearance Board Meeting of October 13, 2010 A. Approved (7 to 0), a request for a color change for Iberia Bank, located on the south side of SE 9th Street, between SE 5th Avenue and SE 6th Avenue (900 SE 5th Avenue). B. Approved with conditions (7 to 0), a Class I site plan modification and architectural elevation change associated with the installation of the Aldi Food Market within a partially remodeled vacant 58,280 sq. ft. building previously occupied by Albertsons, located at the northeast corner of Linton Boulevard and Military Trail (4801 Linton Boulevard). C. Approved with conditions (7 to 0), a Class II site plan modification, landscape plan and architectural elevation plan associated with minor elevation changes and floor plan modifications which include a four foot reduction in overall depth of the un-built residential units at the Colony Palms, located on the south side of West Atlantic Avenue, east of Whatley Road (4750 West Atlantic Avenue). D. Tabled (7 to 0), a Class I site plan modification and architectural elevation plans associated with the installation of an awning for Lady Katie, a retail clothing store located at on the north side of East Atlantic Avenue, between SE 4th Avenue and SE 5th Avenue (417 East Atlantic Avenue). The Board requested that photographs of the adjacent building be provided. E. Denied on a 5 to 2 vote, a Class I site plan modification and architectural elevation change associated with the modification of existing entry sign for Rainberry Bay, located at the intersection of Rainberry Bay Boulevard and Lake Ida Road. F. Approved (6 to 0, Nick Sadowsky stepped down), a Class I site plan modification and architectural elevation change associated with the installation of an awning over the rear seating area for Cigar Connoisseur, located at the northwest corner of NE 6th Avenue and NE 2nd Street. G. On a 7 to 0 vote, the Board voted to reconsider the denial of a Class I site plan modification and architectural elevation change associated with the installation of an awning over the third floor stair case and the construction of an impact resistant glass solarium on the third floor for Atlantic Ocean Club, located at the northwest corner of East Atlantic Avenue and Railroad Avenue (217 & 219 East Atlantic Avenue). Upon reconsideration, the Board approved (7 to 0), the installation of the awning over the third floor staircase. Additionally, the Board denied (4 to 3) the architectural improvements and the Class I site plan modification. Historic Preservation Board Meetin,~ of October 6, 2010 No appealable action was taken by the Historic Preservation Board. The following item which was considered by the Board will be forwarded to the City Commission for action. 1. Recommended to the Planning and Zoning Board approval (5 to 0, Rhonda Sexton arrived late), of a request for Conditional Use approval associated with establishment of a bed and breakfast inn, located at 302 NE 7th Avenue and individually designated on the Local Register of Historic Places as The Hartman House. RECOMMENDATION By motion, receive and file this report. Attachment: Location Map ~~~ CITY COMMISSION MEETING - - - - ~T,~~~~~T _ _ _ _ N , ',,_ ~ ,' z~ ~ ~~~ OCTOBER 19, 2010 LOCATION MAP ~N~~n,~~ i ~ ~ ~F~~ ~ acn~E ~ PLANNING AND ZONING DEPARTMENT u SPRAB: A. IBERIA BANK C. COLON`/ PALMS E. RAINBERRY BAY G. ATLANTIC OCEAN CLUB ~. ALDI FOOD MARKET D. LADY KATIE F. CIGAR CONNOISSEUR -- D/GITA[ BASE MAP SYSTEM -- MAP REF: S:\Planning & Zoning\DBMS\File-Cab\CC-DOC\10-19-10 MEMORANDUM TO: Mayor and City Commissioners FROM: Victor Majtenyi; Deputy Director of Public Utilities Richard C. Hasko, P.E.; Director of Environmental Services Department THROUGH: David Harden; City Manager DATE: October 12, 2010 SUBJECT: AGENDA ITEM 8.M.1 -REGULAR COMMISSION MEETING OF OCTOBER 19, 2010 CONTRACT AWARD/BAKER'S TRANSPORT SERVICE ITEM BEFORE COMMISSION Request the approval of an award to Baker's Transport Services (BTS) in the amount not to exceed $200,000.00 for hauling and disposal of liquid lime slurry from the Water Treatment Plant (WTP). This is an annual award "piggy backing" a current contract between Palm Beach County Water Utilities and Baker's Transport Service. BACKGROUND In May 2009, staff initiated lime sludge disposal from the WTP with BTS. This disposal process has limited the amount of lime sludge that we stockpile to our lagoon and has provided treatment relief, alleviating an over saturation condition at the east thickener unit. Last October 2009, City Commission approved an annual award in the amount of $200,000. This request is an annual award, for fiscal year 2011. The proposal is based on one load per day, Monday through Saturday. The terms and conditions are per an existing contract between BTS and Palm Beach County Water Utilities which is available for "piggyback". Their agreement with Palm Beach County is through April 2011, with three (3) remaining 1 year renewal options at the county's request. The County agreement also includes an increase to the unit prices of 1.8% annually. For fiscal year 2011, BTS will haul the slurry at a rate of $19.09 per ton, plus a mileage charge of $1.17 per mile. Currently, there are two facilities accepting the slurry product, one in Orlando (Orlando Utility Commission) and one in Pompano (Wheelabrator North Broward recycling facility). The total amount requested for this year is $200,000. This is based on one load per day, six days a week, with an estimated eighty percent (80%) of the loads hauled to Pompano and twenty percent (20%) hauled to Orlando: • 26 liquid tons (per load) at $19.09/ton = $496.34 per load, plus $1.17/mile at 382 miles (round trip) _ $943.28 per load delivered to OUC (Orlando Utility Commission) x 63 loads (estimated) _ $59,426.64. 26 liquid tons (per load) at $19.09/ton = $496.34 per load, plus $1.17/mile at 60 miles (round trip) _ $566.54 per load delivered to Pompano (Wheelabrator South Broward recycling facility) x 249 loads (estimated) _ $141,068.46. Staff requests approval of an annual contract award to Baker's Transport Service in the amount of $200,000 for disposal of lime slurry from the WTP for fiscal year 2011. FUNDING SOURCE Funding will be available from Account # 441-5122-536-34-90, Water and Sewer Fundl Other Contractual Services. RECOMMENDATION Staff recommends approval of an award in the amount of $200,000 to Baker's Transport Service for the disposal of lime slurry from the Water Treatment Plant. 01-11-' 10 13, 04 FFOM-PEC PIIF3CHASING ... ~~ 1Pux+odn5im$1]apgra:meet 50 Souch Milicary 'bail, Sui[e 1 l4 West Palm 13eaCh, 1'L X3916-3149 (561) 416.6800 FAX: {S61) 616-6811 www, pbcgov.COmlpurchasinq ^ Y~alm Seaak~ Ca41nLy Board of Count3i Camnmissionerri SUrL Aaronson. Chair Karen T. Marcus, 'Vice Chair ~eFr ]Koons Shtsliey Viana Sccven E, Abrams Jess R, 5anmmaria Priscilla A. '[8y r bounty Administrator Fiobett 1Meisman Decembe , 009 5616166$11 T-811 P0001/0001 F-S78 D®dicated Transport, LLC DBA Baker's Tran$port Service 2740 S Combee Road Lakeland, FL 33803 Dear Vendor: Form H Pax: 8S3-B87-2123 Palm 6®ach County Board of Gaunty Commission®rs rer~ulres vendor compliance andlor commitment due to the County's anticipated participation in the following: [ ~ ] PER 7"ERAA AND CONDITIQN #~ PALM BEACH COUNTY BOARD OF COUNTY COMMISSIONERS "E3CERCISE OF OPTION FOR RENEWAL" REFERENCING BID # 09-029IKM FOR THE PERIOD ~F O4I '1 O THROUaH 04!20!11 1=aR HAULING OF WET LIME SLUDGE AT AN INCREASE OF 9.,_$~a PER UNIT PRICE, The option for renewal will only be exercised upon written agreement and with 81l original Eerms and coetditions adhered to with na deviations, Please return completed document via fax to X561) 2426724 no Iater than 1 O. Th1s Is NOT an order. You will be notified in written form of any individual order created from the above. If you have any questions, please nontact Kristen A. Monnett Senior Bu er at 561 ~'IB-682. ****PLEASE ~HE~K ONE OE THE FULL4WING*'~'~'~ [ ] THE UNDERSIGNE© AGREES TO THE ABOVE. [ ] THE UNDERSIGNEI] DOES NOT AGREE FOR THE ATTACHED REASON(S): FIRM NAME: ~~~ ~~.~eRs ~~r~~~,eG's'e~ev~ ~ ~- err EqualOpparrunlry t/jrnrffrive+~cnnrr k'm~.r~yer AUTNOFtIZt=D INDNIDUAE-: ~/P~`~ ~". ~~ ~'~~ (PWNTII'YPe1 AUTHORIZED SIGNATURE: ~ TITLE• VO'esi.~c.cA~'~¢ ~~~ .,,, „ ,..-.,.„ ATE• ~~~~/~ pdnlad an renycled paper 0 ~~~ACH c G2 a ~ \ r ~ \~ORI~~ Purchasing Department ~U Snu[h ~~i~l;tar~r ~"rafi, tiulir_ 710 L1'est I'aL~t f~etts_i!, t'L »~aJCz ;IC1~? April 21, 2009 Form L (.1faj i~ltrr~Bf Y{} r~~.,~ (,r,a ~ ~~~~--=,a~ ~ Dedicated Transport, LLG t,•~~,~a•.pt~c!~o~. ~ orf;=tEu~r Baker's Transport SeNICe 2740 S Combee Road Lakeland, FL 33803 ^ Dear Vendor; RE: TERM CONTRACT #: 09029 Palm Beach County This i5 to inform you that Palm Beach County Board o#County Commissioners ~vard ne county _ is entering into a Term Contract with your companyfor HAU LING OF WET Commissioc~en LIME SLUDGE based on: isur[ ,~~f onsor , i~~~ c~,;f;;,,rsn j [ ~/] BIDIRE{~UEST FOR QUOTATION {RFQ) #: 09-029/KM liarcrn 7" '~9ari'~s The term of this contract is 04/21/09 through 0412019 0. The estimated >r,.~n~~~ ;~,f~~ dollar value is S 335,000. ,,i,,f, ~~.~,~~~,,. ;,.,,, ,, ti;,,,;,,,,-,,,;, The obligations of Palm Beach County under this contract are subject to the availability of funds lawfully appropriated for its purpose by the State of af~tr,~ ~ <;f~~t f,~~ Florida and the Board of County Commissioners. Palm .Beach County Departments will issue individual hard copy arders against this contract as your authorize#ion to deliver. All invoices must coanty ~antinistratvr reference a unique document number (e.g. CPO/D0 680 XY03030500000000001111 or CPOIDO 680 XY030305*1111), Failure to provide ''"`'`'" `~'`'`''~°'~"'' an order number with each invoice will result in a delay in processing payment. If you have any questions, please contact Kristen A. Monnett, Senior Buyer at ~~- ~,~ _` ~s . ~ {561) 616-6824. . ,> ::~ ~ Sincerely, i~I;1'1'Eti'~7.tL Ckl,~ltlt.lml111 ' 3 J9Na.~rw~rr~r,r:fiGYf+r+'~ ~/~~(A.~` Vc..~~'• Kathleen M. Scarlett f ~,,:;'„ , ;, :~:~ Director c: Vemetha Green, Water Utllitles File ~' ~, t~~~_._,: p.~mfrr' nn ~~ y:. ed page! Form 1N AlV~E~N.~.~E:NT #~I ~: February ~ a; 20a9 PALM BEACH COUNTY PURCHASING DEPARTMENT S,Q~SOUTH.MILITARYTRAIL, SUITE 140 WEST PALM BEACH, FLORIDA'35415-3199 BID #: 09-029IKM TITLE: HAULING OF WET LIME SLUDGE< TERM CONTRACT OPENING DATE: FEBRUARY 19.2009 • DELETE EXISTING BID RESPONSE PAGE 1~1 AND REPLACE .WITH ATTACI-IED REVISED BiD RESPONSE PAGE 11. THE ESTIMATED 1~2 MONTH QUANTITY FOR ITEM #'i HAS BEEN CHANGED. NOTE: This executed amendment shah be returned with your bid response. Failure to return this amendment shah render your bid non-responsive. Baker's Transport Service D~.v, o Dedicated Transport, LLC ~ Q. ~ oZ ~7 4~ COMP . Y NAME _,..-~---'~T`"""°W~~''`~ SIGNATURE f DA. Senior ~~ Tammy L. Smit Purchasing Manager ~REVISEO'~ EID~ RESPONSE BID #~9~-02~91KM MAULING OF WET LIME SLUaGE, TERM CONTRACT Pag811 ITEM Esrti~ATi~n UNIT X WEiC3HT I~AC34RED NCJ DESCRIPTION 12 i1itQNTH UNIT PRt~lr FACTOR RATE , QIJANTtTY 1 • PICK-UP 1 LOADING ANi] uNLQAt)fNG OF 7,~pp TpN ~ 1$, 75 !fin X ,~Q ~ 42,187.5Q WET LkhfiE SLUDGE ~• HAULING QF WET LIME SLUC~GE 127~,T'S0 MILE $ 1.15ltrrile X .70 $102.838.75 TtJTAL. F~ICTURED RATE ITEM #'! + ITEI~I #2 : $145, 026.25 !s Qualif#cation of Bidders information included, per Term and Condition #$? YES x INITIAL ~~ Does bidder cteariy understand the Insurance regwirement, per Term and: Condition #18? YES~„~, tNITIAL ~"~~ ~` PLEASE AFF~i~ SIGNAT~:RE WHERE [NDICATED (FAILURE TO d0 Sa SMALL RESULT IN THE REJECTION OF YOUR ~31Dj By signature on this document, bidder•acicnowleiigesandagrees that €ts offer Inciudes~ai~d accepts all terms, conditbns, and specif<Cafionsofthe Countyr'sbid solicitation as originaliypublistted,withouk~ezcception, change~oraiteration ofany~kind, except as may Ita~e beer; published by tl~e Cotrrrty~ in official arnendmsnts prior to this date oYsubmitl;al. FIRM NAME: (Eater the entire legal name n# the bidding err#ityj DATE: Baker's Transport Service / , A Division o£ Dedicated Transport, LLC ~ ~ ~~~~ PRINT NAME: ~2~.~srlC f>I . GJa~ ~/ ~2. ~ ~` ~~~,7~NATURE: ~ Q PRINT TITLE: ~i"eSi ~¢.v¢"~"' ~ E 4 ADDRF.S.S: 2 7 4 0 S Combee Road CtTYlSTATE: _ Lakel.and,__ k'l.orida__ _ _ _ _ ____ _ ZIi~CQDE: 33,83 ~„___ TELEPHANE# {$63) 668-9757 E-MAIL; bts@dedicat:edtransport.com TALL FREE # { ) FAX #: ,{ 85 3) 6 6 7- 212 3 APPLICABLE LICENSE(S) NUMBER # TYPE: FED>:RALiD# 34-2Q15003 . MEMORANDUM TO: Mayor and City Commissioners FROM: Joseph Safford, Finance Director Amy Robinson, Sr. Buyer THROUGH: David T. Harden, City Manager DATE: October 12, 2010 SUBJECT: AGENDA ITEM 8.M.2 -REGULAR COMMISSION MEETING OF OCTOBER 19, 2010 PURCHASE AWARD/ AMERICAN TRAFFIC PRODUCTS & SERVICES ITEM BEFORE COMMISSION The City Commission is requested to approve the award for purchase of aluminum sign blanks and galvanized posts for sign fabrication as replacement stock for the City's sign shop in the total of $18,929.50 as quoted by American Traffic Products & Services (ATPS). BACKGROUND Aluminum sign blanks are used in the City's sign shop for sign fabrication for parking lot signage, street signs, etc. and are manufactured per U.S. Bureau of Public Roads standards, with 3/8" holes for mounting on galvanized post with radius corners in accordance with the manual on Standard Highway Signs and can be ordered in a variety of sizes and aluminum gauges. uotes: Aluminum Blanks American Traffic Products & Services $ 9,853.50 10/06/2010 Universal Si ns & Accessories $ 10,600.50 10/06/2010 Si nin America Cor oration $ 15,516.00 10/07/2010 Galvanized Posts American Traffic Products & Services $ 9,076.00 10/06/2010 Universal Signs & Accessories $ 9,500.00 10/06/2010 Si nin America Cor oration $15,114.00 10/05/2010 FUNDING SOURCE 001-3141-541-52.20 PUBLIC WORKS/TRAFFIC OPERATIONS/TRANSPORTATION RECOMMENDATION Staff recommends the purchase of aluminum blanks and sign posts as replacement stock for the City's sign shop from the low bidder American Traffic Products & Services the amount of $18,929.50. ~~ 10111/2011 12:22 ~~ 56124?7314 C1TV C1F DI..RAY PEACH 1 L~ ~ ~-~7 ~,o F'AE 0103 ~ ~ ,` American Traffic Products ~ Services Where Euery Customer 1s Special 10bb5 22i1"' t.aete south Boca Raton, Fi. 33428 Phone (563)329-1568 City of Delray Beach 100 f~W 1~ Avenue Uelray Beath, FL 33444 Customer lD 9114 Ce?~?9C7[rC QUC1'T 1p1p3 t7ATE. E)GT~B€ii 6, 2010 Purchase f~rder: N/A ITEM Q[1At+lTITY OESCCtIPTfON [Jf,1lT PRICE L1lVE TOTAL 1 700 .BO 12" X 6 Aluminum blank 51.30 $13p.Oq 7 30p .BO 12" x 18" Aluminum blank $3.67 $3b'7.00 3 100 _8q 18"' X 15" Aluminum blank 5482 $482.A0 4 700 _8f} ifi" x 18" Afunroinu~n blank $5.11 $513.00 5 700 .80 24" x $" Aluminum blank $3.19 $319.0() 6 ip0 .80129" x 24" Aluminum blank $4.90 $990,00 2 g 9 is 50 10q 7 (}0 zoo .80 24" x 48" Alurrzinum hlan€[t .8p 31}" x 8" Aluminum blank .80 30" x 30" Aluminum blank .BO R3-3 30" Aluminum blank {octagon] 577.82. $4.1q $15.43 $13.17 5891.011 $41p.gp $1,543.00 $2,b34 #1 12 3 3 S13 700 50 _&0 36" x 12" Alurnlnum blank .8Q 36" x S" AWminum blank .BiJ 30° x 30" Aluminum E7lank (yield] 56.39 $4.92 515.30 $339.50 $492A0 765.00 $ Subtotal $9,853.50 Tax €xempt Freight included Total $9,853.511 Received Time Oct.~1. 2Q10 ~:19PM ~a.979~ 1q/1112g1a 12:22 F12437?~14 CI~'V OF LaE1..f~'~'f ~E~aCH i L~ r I f` Il'EIVt ~.~......-jt~ua~e ___~.._ quanity i 51~~ ~ .. ~....._._. _. ~ II ---.__-_._--_.~__.-.._.. ~ - ~ AlumTnum b(amk ~ f}.81 100'. ...._._L2~~ x 6" .- --.~. ...._ _....._....._~_ 1~~-J,...,...---~'~~ ~'~~ ~ A1uu:rlinum biarik i. ~~--- -_...,_.._~..i . __----- ~ ~I , ...... -.__-.. os~-_ _m._.~ - *, ...-.- _ ... ; Alurninur~ blank . , ..- - A a ... ----~_~_.._-..... ,-.. 1(30 _. -- _ _ .._ _.. ...____.~ _......_._. _...-.... i .._..__...._ 0.~ Aluminum blank 1 E30 i 18" x 18" ~ _ ...., __._..... _ ' ~ . _.. , I ~ Alumir~ucri blank 0.8 "ff}U; . ........~...~..-.. r._.__ _ ... I ; i Aturainumll~lan[c I 0.8' -! .._..-.....-_. ~~ _....._ 24" x 48 I ._ .~ _......__~ .Alutri~numi btan4c.~ .. _ ~+ ! - ..._ ...- ~~ ... .. . .. - 1~ w.._._ . ~- . ._____--.... ~ I 11.s 3. _.....- --._ . _ Alumlin~rn Manic . _...._. ......... _I ._ .............~- ---.._ ._.-._.~_.,.... ~v._.-_.._-- 4 ~ i ~ .... _.... .. Al~+minum bianit ~, 0.8~ , 01~.q . -. - _- 1O(Di __ __ ~, . V.S 2b0 -_rv_._.~~~~1 1 3f}' (stogy sign ~_ :i..-~lurr~in~um btae~4c~l__~ -._•_._...._ ._.. __. =~'.. C1/~77 ............. ...I.~~~~, v ~~"* ~~..__.«----'-^ .. 1..._R'~t T..~Ri~FIl~ifli lli~li{M mm% -.-._..... ~--._.__--.... VYl7 _ ~ f ° .---_._ ~.._ 1 I .~ ..... I-•--.. ~---- ._-.--1~Qi ~~~iF•~~~.,__....._.....,_.__....•... .~lLim~K1lATY1 blank ! 0.8 ..._ '--.___.-...... __.._., /llurrEirium blank ~ , - _. .. L_.. __.___ ,---~~ f I . ~ _._..-..~---_,.._--- I ._.~._..---- •._~_.. ~....._...__-_.___. ~ E -.._.._ _~_-_.-..., i ! -....- . _ -....-.._i_._»...... _- ...-..._ ----... ._.~ . ~ _.__...._.,._r..-.... ......~...._...-..__--~_I i n ,~ ~ L~ ,,. '"A FTDr+dr~ ManufaGfure~" A~UMt€~1UM BLAf~KS i~A~E q2/q3 Crsstleach dine Tamil $1.50 _ $15q.+:30 I $3.84 .t_.__..___ _ ~ I $~8~--afl .; .... . ..._ ~ ap~ ~~ _... ~I_,..._..._ ~...._.... . ~~so.ao _ - ~. _ .. j __ F .. . .. .. .._J_ .. _ ~..~_~- _...._..._ . i __..~.,.._. ~..,_.~ $3.60 $~Bt}.flq .1_~ ~-1--- - •~-4-- ' $1 q .24 ~ ~. 1,{174 :Oa $20 ~8 $4. afl -.._.__. ', $.14,4€3 . .. M _ ._..._.. $5-40 . .,.I..-_~__....-..- -... __._ . ~ SU8 TOT _.. ~.__ FRT- ..~.. . TQTA~ .... . -~ $1,fl24.Dq ~ ~.a5o.oo ) _ ~ $1,Sgq.flq.. Vr.LrUUt1_iJ W 0384.0(1 $54t7.QD __~_.__ -_.....~..__-$748.Sq r ~~ ~ ~. ~, ~ i t~ I~iviszan c~f.l4~r.C~xi~7. Sales of F'Iarz~la, Tr7.c- 3001 Or~n~e A~v~i~tze, I~~. k'~~rce, ~':C, ~4~47 7~z-4h~-o~s~(~) ~ ~~~--4s~-o~c~~~~) ., a e r nnsn 1n 1f1 ff AA AI_ !l~fln l~fll/210 12:22 51.24~7~7.4 ~i~}~t~}g America Ca3pvrati[~n ?079 N. f'oWerlit~e Kd.. Suite #2 Pom~sat~o >3eaclz, 1=L X3069 t Narr3~ !Address t'ilt' i3~DL`i1"dV $t 'aC3't d?4 S 5WTirITt)N Itb'l ~ l~ELiZA'1' [3)wrlC3~t. Fi. 33444 A3TIti: ritli3LlC' WC)k2CtS CTTV QF 1?EI_Rs;Y BEt';CN PAS (~~I'[3 ~~~~`~ Date ~stienate # tor71?~ict ?rf,r Project Description Qty Cost Total 12;~h .f3&{i A[_1.lVf t3Lr\;`1KS W.' 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Af_lilvl l3LAR'TtiS ~h°r ~ ~~~~~ ti 15,5 S E, nu Pktone # Fax # Custorner Signature __..-, . --......... }54-973- I I R2 `754-47?- I I t)3 ~ 1~I11l2~10 ~' ~. ~~: I 1 12:1: 5E~12437~14 n,~T American Traffic Prnduc~s 6r Services Where Every Customer is Sperrnt 10Gb5 228`" Lane South Baca Raton, FL 3342.8 Phone (561} 329.45&8 City of Delray beach 1 DO l~W 1't Avenue. Delray Beach, Fl.:.33444 Customer ED 9114. CITY DE 1~EL..RAY BEACH Purchase order: NiA qua~E#t 10103 PATE: oCTnB~R s, zain 1 2D0 12' 2" x 2" Galvanized square past .2 2tlU 1r3' 1.75" x 1,75" Galvanized square past 524.22 54,844.a~ 521.1G $4,232.Q0 (s~ Da-~l 5~-- subtotal Sg,o7~.00 Tax Exempt freight Ittc€vd~€ Total $g,07b.00 Pf~GE ~11H1 QMC~~~~s ~~ ~.~%11/2~1~ 12.>ni9 6612437?I4 CITY ©F ~E.RAY E~EACH PAGE E~1/p2 ~i ~~.°' a ,. "A Fio~[da Fl1arluFacfurer^ LTnivexsal Signs & Accessories 3401 ~xange Ave. Paxt Piexce, ~~, ~~947 DATE: ~ 0/6/2010 REVISED TO: City at Delray Beach ATTN: Drtando Serrano FwRC)M: Pete Webs PHONE; 1-80Q~432~0331 ~Ax: 772461-asss RE: Quote PH# 561-279-6345 Fax# ~~ ~ -24~-7s ~ 4 QUAI~tTITY [~~~~1~1P~'(.[7N ~ ~ LJN;~~". '. . ~~~AI. 200 12'x2"'x2" 14G S care Full Punch Posts $27.OD $5,40D.C]0 2Da 1 D"x7 314"x'I 314" 14G S care Ext. $20. ~D $4,1 D(?.Da ~a.ao ~o.oo ~n.aa ~a.Da $4.OD $OA© $D.Oa $D,DQ ~o.Do ~D.Da ~o.Da ~o.Da ;~o.oo $O.DO ~D.oo ~aOD ~o.aD ~o.ao Subtotal $9 500.OD Tax $LI.00 F t INCLUDED Total $9 SDQ,OD 1~~~~.I;~L~~.~3 ~.~:~~1 ~~724~7~7.4 Si~rlir€~, ,~lrte~'ica Co~paratiot~ ?Q79 N. ~c~~vc:rli~ie Rc~., SuiF:e #2 Pt~n~pa~-~ct ~cacll, l'[-. ~~CI(z9 hlarrse 1 Address E.'ity ot'13c1ncy 13~acti ~3~1 S Sl~'i1VTON nv> tal•LRnY R1;nCt-t. FL 33444 r~1"f"u: ('i,!131..1C' WC)Rh5 CITY OF DELR~Y PE~;CH Pf~~E ~!2lD2 bate ~stimale # 14)rS;2Sll4} ?Gj4 MEMORANDUM TO: Mayor and City Commissioners FROM: Joseph Safford, Finance Director Patsy Nadal, Purchasing Manager THROUGH: David Harden, City Manager DATE: October 13, 2010 SUBJECT: AGENDA ITEM 8.M.3 -REGULAR COMMISSION MEETING OF OCTOBER 19, 2010 PURCHASE AWARD/ CARDS CORPORATION ITEM BEFORE COMMISSION City Commission is requested to approve a purchase award to Carus Corporation for the purchase and delivery of Poly Phosphate at $1.42 per pound for the Water Treatment Plant at an estimated cost of $120,000. per Bid #2009-12 for fiscal year 2010/2011, purchased "as needed". BACKGROUND Poly Phosphate is an additive for water treatment available in liquid or dry form. It is needed to reduce reversion rate, inhibit scale formation, restrict oxygen permeation and hydrogen generation with corrosion inhibitors to protect water distribution systems from related repair and maintenance expense. Monomolecular film reduces lead and copper leaching to comply with the 1991 lead and copper rule. On January 20, 2009, Bid #2009-12 was awarded to Pristine Water Solutions and Carus Corporation was the second lowest bidder for the purchase and delivery of Poly Phosphate. The City ordered from Pristine in January 2009. The lead and copper test passed only marginally after an extended set of water samples were taken. The results were backed up by an increase in corrosion on the metal samples (coupons) which were analyzed by Pristine in January and June 2009. It was absolutely critical that the City pass the next round of lead and copper tests in September 2009. Within a few months, the lab results measuring phosphate around the distribution system with Carus Aqua Mag 9250 Phosphate showed higher and more consistent results throughout the City. Carus is producing a better product for the same price of $1.42 per pound (no price increase). This product contains 30% orthophosphate which is a corrosion protection agent. FUNDING SOURCE 441-5122-536.52-21 WATER TREATMENT & STORAGE WATER/SEWER SERVICES OPERATING SUPPLIES CHEMICALS RECOMMENDATION Staff recommends the approval of the purchase award to Carus Corporation for the purchase of Poly Phosphate at $1.42 per pound, per Bid #2009-12 for an estimated annual cost of $120,000. for fiscal year 2010/2011, purchased "as needed". N~:da1, Pats. t=rarrr: Bullard, John Seat: Tuesday, October 12, 2010'! 0:46 AM Ta: Nadal, Patsy Cc: Robinson, Amy Subject: Carus Phosphates, loc. B.P.O. Patsy, I am recommending we extend our contract with Carus Phosphates, Inc. for orthophosphate. Phosphate is used for corrosion control and to meet the requirements ofthe Lead and Copper Rule. Other phosphate campan'res we have used over the years, have not been able to meet the insurance, sampling and lab testing, and quality of product requirements of the contract. Carus has consistently met a!I of these requirements. We will need a B.P.O. for $120,000 far f'Y `10/'1.1. Thanks again for everything, John Carus Corporation 315 Pith Street P.O. Box 59S ~ ~ s Peru, IL. 67354 LSA Telephone- ttQfly4S5.6856 Date 13 Oct 2010 Safes Representative KCHANCE* f~uate # 1-K5447 Customer Service t3ep KRESTINE METZKE Rev # 1 1=fFective from 01 Oct 2010 Status %n Prpgress Valid Through 30 Sep 2017 Paymerrt Terms: N~ 3P? Clays i~raducts $71.0!# Stripping ~ltethaet: Tax $l1.Qt1 FreightTertns: ~OHDESTPAtA~'EON I"reightCharges.'" Tax t=xempt: Y Tax Rate(°/a}: Kequesteti Ship L7ate: Requestesf C)eltvery Hate: '~'p~j ~~.~~~~ Comnnents: Currency quoted as US IZoEfars. ~ PR1CE 15 VALiD OC70t3Efd 1, 201(3'1'IiROtlGP~l S!^PTEMBER 30, 24'11 WITH AN OPTION TO EXTENp [?Nl~ AC)DtCIONAL YEAI't tJPUPI AllUTt1RLRGI2EEIdIENT. C3tJ0'T'E !S IN i'a~~'ERENCE T+C1131[3 NUA9ER 2FH19-'P2. * ~©TE ~reinht Gkraraes are current as t~f t6is date and are subieet to chansae fraseci nn This quotation is srabject to our standard terms and candPttans, atxt shale rerrlaYn open tarthirty (~) days unless ati3erwise stated wave. IF not accepted within thirty (3[l} days, Carus Garporatinrr shall have no Eiabillty or obligatior- under this quotation. This quotation is rteade far the sale purpose of sourcing the pr~pective buyer's purchasing rreeds_ As such, r~atre nt the irrtarrrraiRan cnr~tained here in rr~y tae disclosed to arg+ third party witi~out Carus Corporations writter3 ronser~t. Qatiorr generated orr 13 Oct 241tT P:n Pragsess auncesta MEMORANDUM TO: Mayor and City Commissioners FROM: Joseph Safford, Finance Director Patsy Nadal, Purchasing Manager THROUGH: David Harden, City Manager DATE: October 12, 2010 SUBJECT: AGENDA ITEM 8.M.4 -REGULAR COMMISSION MEETING OF OCTOBER 19, 2010 PURCHASE AWARD/ CHEMICAL LIME COMPANY OF ALABAMA, INC. ITEM BEFORE COMMISSION City Commission is requested to approve the award for the purchase of bulk quicklime from Chemical Lime Company of Alabama, Inc. via Boynton Beach Co-op Bid #005-2821-09/JA at an estimated annual cost of $800,000 for the period of 10/01/2010 through 09/30/2011. BACKGROUND Quicklime is needed to adjust the pH of the raw water, preparing the water for treatment and to remove hardness which in turn, prevents scaling in pipelines. The City of Boynton Beach is the lead agency for this cooperative bid. On November 04, 2008 bids were received from three (3) vendors based on estimated annual quantities of the participating governmental entities. The City of Boynton Beach awarded this Co-op Bid to Chemical Lime Company of Alabama, Inc. at their City Commission meeting of December 16, 2008 per award letter dated December 18, 2008 . The provisions of this bid allow three (3) one (1) year extensions at the same terms, conditions and prices subject to vendor acceptance, satisfactory performance and determination that the renewal is in the best interest of the City. FUNDING SOURCE 441-5122-536.52-21 WATER AND SEWER FUND WATER TREATMENT & STORAGE OPERATING SUPPLIES CHEMICALS RECOMMENDATION Staff recommends the award to Chemical Lime Company of Alabama, Inc. for the purchase and delivery of bulk quicklime via the City of Boynton Beach Bid # 005-2821-09/JA, at an estimated cost of $800,000 starting October 1, 2010 through September 30, 2011. 'Nadal,, P~ts~, l=rom: Bullard, John Sera: Tuesday, October 12, 2010 10:11 AM To: Nasal, Patsy Cc: Robinson, Amy Subject: hoist North America B.P.O. Patsy, I am recommending we extend our contract with hoist North America for bulk quicklime. Their service, quality of product and safety record continue to be of a Nigh standard. The WTP uses a large amount of lime and Lholst has consistently provided the amount required. Lime is used in the softening process to reduce calcium and magnesium hardness. We will need a B.P.O. for S80t},000 for FY `10/'11. Thanks, Jahn Note: LHoist North America is the parent company of Chemical Lime Company fine G'itt~ of .~au~t.~torr. ~eacl~. Fracureinent ,~ervicas 1DD E Bayntph Beach Boulevard P.CJ. Box 8I0 BayrtEan teach, Florida 33425•D3YD Telephone No~ (561 742.6810 FAX' 0561) 742-6816 December 18, 2008 Chemical Lune Company of Alabama, Inc. 4720 Cleveland Heights Blvd., Ste 203 Lakeland, Fl 33813 Attn: Jahn L. Thoznp~son RE: "ANNUAL CCJI~lT`RACT FOR CO-OP BULK QUIICKLIME" $ID # ODS-2821-D9/.JA Dear Mr. Thompson: At the City Comrr~issian meeting of Iecember 16, 2008, the Bid for "ANNUAL CONTRACT FOR CO-OP BULK C,~UICKLIME" was awarded to your cvrnpaz~y. Inclosed is a Tabulation Sheet for your review. As stipulated within the Bid specifications, your company's original certificate of insurance is to be provided to our Risk Management Department at your earliest convenience, namini~ the City of Boynton Beach as additional insured ~7Ve would like to thank you far responding to this Bid and look forward tv working wi#h you. A tabulation sheet is enclosed for your review. If you have any questions please contact Janet A11en, Buyer, at (551) 742-6322. Sincerely, Carol Doppler Purchasing Agent /ja Enclosures: Tabulatinn Sliest Melvin Finknay -Chief Operator 1?WTP ®City of Delrsy beach City of Lake Worth City of Rivisra Beach City of West Falm Brach Sv. Central Regional WWTF Village of Wellington Centro! File File CITY OF BOYNTON BEACH AGENDA ITEM REQTIEST FORM ALTERNATIVES: The Gity of Ssrynton Beach cools! eaplsrre the nse of ofher coagulants or anti-s+eslgnfs. Hc-we~ver, this may lead to higher water treatment costs ar possible water quality infractions. CUi2RENT UNYTlI'RTCE PER TQN $163.18 Fiscal Year 47148 - $178,838.44 Department Head's Signature Procurement Se es City Manager's Signature Assistant to City anager City ttamey / Finanoe 5;16Ut.1.,ETtMFORN[S1AL}ENUA 1TE~7 REQUEST ~'OirM.t3gC T ar to n.. x N -~ :~ ~a :~ C/] ~'+ ~1 a `: 0 ~ + ~ ~ ~ ~. J J ~'` ~ ~~ a~ a I I I I I I 1 [ ! 1 II ll II I1 {I II © a ~ ~ I~ I~ i~ i~ I~ I~ U ~ w w ~i ,~ I,.IN !,,- Ir,; I~.:. In' ~~~~ °c~ I I l i I I ~~a~~N ii II ii ~ ,; ~~~u~---sue 1 1 I I I[ ~~~ ~°~~ ~8 I I I I ( l ~~ ~ M i t I I l i ~' s ~~ ~ I I i t 1 1 ~ d ~? 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Q .~ Q m v A1W C r~ V J m V J .~ ~. ~; a~ ~~~ m s .~ '~ ~.m ~. ~ ~ °~ ~ N ~ G 9 ~ ~ O ~ N ~+ m ~ ~ ~ ~ ~ ~~~ QO ~" Q W m a 4 Q~ ~.N ~LLj~ ,~ ~ O'S G1 h 4 z~~ rv nw,a© 4 C~ ~ c~a© mmm A z O ~~ o ~ ° ~ Q ~ v~ ~ sir~~ Y- p ~ ~ rn ~ ~ ~ ~. .:~ ~. m <C Q ~~~ ~ ~.» a ~m~~~~ ..~ ~ ~ ~~~ ~~ m ~ `~ ' ~ z ~ ~ ~' ~ ~ ~ i ~ ~~ ~ ~ r c v u~ ~"' ~ ~l" n 7" 1- m d ~ M a ~ ~ p pp p ~ C1 fA fn .~ +~ jQ J ©~~ o C} ~ ~ W ~ ~.. ~ ~ N ~pp ~ U €~. (J ~ ~ l~l.f 2 ~ ~ ~ ~ ~ a~ }~ ~ ~ ~ ~ ~ ~t ~ O ~ ~ ors Y " ~ ~ t l! i 13 1 1 h ~! 1 f~ L l l ; - L1 ~ ~ ~ SSl ~ F.. .. N U3 tl5 ~ ~ ~ ~ '~ LY3 : -' "~ ~ ~ 1.: ~ fl ~ ~ w C' C? ~ }W N r C © LI.I ~ ~ 0 y 1- w ~ m O ~ ~~ ~ ~ O ~ ~ ~ ~ ~ ~ ~ p ~~ ~~ ~ Dj Q~ ~ ~ ~~ ~V h ~ o ~ ~~ ~ ~ ~ ~ ~~ ~a o ~ ~ am. o~ a ~ ° m ~s m a y C1 .~ d .9C m MEMORANDUM TO: Mayor and City Commissioners FROM: Victor Majtenyi; Deputy Director of Public Utilities Richard C. Hasko, P.E.; Director of Environmental Services Department THROUGH: David Harden; City Manager DATE: October 11, 2010 SUBJECT: AGENDA ITEM 8.M.5 -REGULAR COMMISSION MEETING OF OCTOBER 19, 2010 PURCHASE AWARD/LINE-TEC, INC. ITEM BEFORE COMMISSION Request to approve a blanket purchase order to Line-Tec, Inc. in the amount of $122,100.00 for Water Service Relocations (PN 11-051), Water Meter Replacements (ll-050), and Fire Hydrant Flow Testing. The terms and conditions are based on the current competitively bid contract with the City of Boynton Beach for "Supply and Installation of Water Service Connections and Restoration", Bid #033- 2821-10/JA. BACKGROUND The Public Utilities Department requested funding for the annual water service relocation program with the current year's budget allocation at $25,000. The award will allow us to continue with our annual water service relocation program, changing rear yard water service meters to the front yard. All related work will be paid in accordance with the unit items of the contract. The request is in the amount of $25,000. Utilities staff also requested funding for the annual water meter replacement program, with current year's budget approved at $500,000. The program will initiate the replacement of aging water meters. Most of the meters in place were installed in 1997 during a City-wide change out program. Currently, 90% of the meters are 10 years and older, while only 10% are less than 5 years in age. To assist with this annual program, staff is requesting an award to Line-Tec in the amount of $75,000. This award will facilitate the replacement of approximately 2,500 small meters (less than 2"); the meters will be purchased by the City. The work will be paid in accordance to the unit contract items, estimated at $75,000. In addition, staff requested funding for performing flow tests on City fire hydrants. Current year's budget was approved at $22,100. The Insurance Service Office (ISO) rates the community's ability to suppress fires. ISO surveys all components of the water-supply system, including pumps, storage, and filtration, as well as reviewing fire-flow tests at representative locations in the community to determine the rate of flow the water mains provide. One of the criteria is that fire hydrants be inspected annually and flow tested every ten years. The Insurance Service Office uses the flow test records to help determine the community's rating. All the City's fire hydrants need to be fire flow tested by the end of 2013 (our ten year mark). This award will allow for testing of one third of the City's 2,650 hydrants, with the remaining two thirds in the following years. Therefore, staff is requesting an award to Line-Tec in the net amount of $122,100 for providing services related to three programs; Water Service Relocations ($25,000), Water Meter Replacements ($75,000), and for Fire Hydrant Flow Testing, utilizing contract pricing under an active City of Boynton Beach contract, expiring June 2012. FUNDING SOURCE Funding is available from account #442-5178-536-49.33 ($25,000), Water and Sewer Renewal & Replacement Fund/Water Service Relocations; 442-5178-536-61.81 ($75,000), Water and Sewer Renewal & Replacement Fund/Water Meter Replacement Program; and 441-5123-536-34.90 ($22,100), Water and Sewer Fund/Contractual Services. RECOMMENDATION Staff recommends an award to Line-Tec, Inc. in the amount of $122,100.00 utilizing contract pricing under an active City of Boynton Beach contract, expiring June 2012, for providing services related to three programs; the Water Service Relocations ($25,000), the Water Meter Replacements ($75,000), and for Fire Hydrant Flow Testing ($22,100). EXHIBIT A ~'he City o, f ~o~ni~on Beach Procurerrtertt Serutees 100 L. J3oyntort Beach x3oulevard P.Q. ,Box 310 Boynton Beach, Fiorlda 33428-03X0 7'eYephone No; (5SX) 742.6310 F.~IiC: (561 f 742.6315' May 27, 2Q l 0 Line Tec Inc. Attn: Scott Ellswarth 24 l N.W. 18t1' Avenue Delray Beach, Fl 33444 RE: "TWO-YEAR BID TOR THE SUPPLY AND INSTALLATION OT WATER SERVICE CONNECTIONS & RES'T'ORATION" BID#: 03~-x821-] 4/JA Dear Mr. Ellsworth: At the City Commission meeting of,Ie~>rte 1, 2010, the Bid for "TWO--YEAR BID TOR'THE SUPPLY AND INSTALLATION Or WATI{1R SERVICE CQNNCTIONS & RESTORATION" was awarded to your company. Enclosed is a Tabulation Sheet for your review. A Purchase Order will be issued on an "As Needed" Basis. ~, We would like to thank you for responding to this Bid and look forward to working with you..' if you have any questions please contact 3anet Allen, Buyer, at {S6I) 742-6322. Sincerely, l3 Carol Doppler, GPPB ____ Purchasing Agent Ija Enclosure: TaLulatinn Sheei Cc: Les Sarkkinen -Utilities Administration Supervisor Central File Fite Arrtersca s Gateway to the Gutfstrearrt EXHIBIT A PROPOSAL BLANK $ID PROPOSAL TO THE CITY OF SOYNTON BEACH, FLORII?A i~ OR 'LTWO w YEAR )3iD FOR THE SUPPLY AND ~NSTAr,LATiON ~ OlF' WATER SERVICE CONNECTIONS AND RESTORATION" To Alf Bidders: Date: • t--{--~---~-~---#-- i The undersigned declares chat he has carefully examined the specifications and is thorofughly familiar with its provisions and with the quality, type and grade of productlservice called for. I When submitting more than one bid proposal price for this product and/or service, indicate how many individual and/or combination item(s) are to be tabulated and considered. Attach a se~arate proposal sheet far each, The undersigned proposes to deliver the productlservice in accordance with the specificatio~ts far +kn fr~llnvsrina nri[±it'1sr• I 4 .... ............ ITEM NO. ..__._ ITEM DESCRIPTION UNIT OF MEASURE UNIT l?RTCE l Furnish and instal! water service Each i connection from City installed meter to house valve (gale valve) ...1C?C~. t'7°~ Size 1 " ~ 2 Fur3nish and install l " schedule 40 Linear foot PVC water pipe and sod ~ 4_,_E ., restoration over trench ! 3 Installation of l"meter box and lid installation er unit ~ ~~ 4 Installation oft" meter box and lid Installation er unit r~ . «:~ 5 Furnish and itastalf two inch Installation/ materials ~ corporation stop and saddle/fens per unit than 4` in de tf! ~~ . d ~ Installation and price, per foot, of lnstaflatian: ` , t~=7 2°' service line with PVC casing Price per Foot: "~ . ~ ra 7 Price to terminate abandon Labor per unit existin water service ~C.~D, 7 ~ Items 8-1: will he used as unit pricing jor 6" DIP mater llrrts io enhance execution o ibis ro"eCt ~ ._ ._ - F„ _. .. .. .: - - wlth box per unit J t I ~ crrr,~ Ib THIS PACE TO $) SUE#M[TTED l1V ORDER FOR PACKAGE TO SE CO1~tSIDt;RED C0114PLETE A'~D ACCEPTABLE EXHIBIT A 9 lnstallatian and price, per foot, of Installation: J ,~~~ b" DIP water main installed with Price per foot: ~ 1 '~ fittings i 10 Installation of fire hydrant Installatiananty {~.?C~ ~ ~ I assembly with 6" gate valve •, i carrz fete ! Non E'av d Paved l l Installation of sam (e ints instailatian on! SO . cx~ i 12a xlnstallation of tapping sleeves SEE NpTE " ~ ~~, • ~.~. d and valvesfnon- aved area , 1 ~b "Installation of tapping sleeves SEE NOTE '~ a ~ ~~~ • ~~ attd valves{ aved area ' Items I»1 Zb will be used as bid evaluat%u. ; I#ems I2»2C1 wi116s used as secvnda evaluation criteria. l 3 Additional cost for }land digging f.inear foot ~ ~~ trench t~l Additional cost for restoration of Square foot ' as halt drivewa s ~. t?~" 15 Additional cast for restoration of Square foot concrete drivewa slsidewalk ~~ ~4'''-'' 1 b Hourl tabor rate I'er hour _~ p , ~~ 17 Hourly rate for trencher, if Per hour ! needed 3 ~•~ I $ Hauriy rate for backhae, if Per hour needed l ~ Q•~' 19 Hourly rate for boring machine, Per hour if needed t? ~ O~' 20 Mark up on wholesale cost far Percent Markup additional vegetative restaratian ~ G*~ {if required}, based on invoice ~' provided by vendor indicating wholesale cost: ~`To include all labor and appurtenances normally associated with water main replace#nent ----- -- _r- '--~=.-_y._ .~~_~._ .._...:ac.?._~1'~..~._:n~r.,ll.,s:.~...__~_,~..-..,~n...,a.l__r3~o~a_ ,,.,i,f~i_'SL.1--------~---- . k.., - ~. .~_ installation in paved area. Both prices should include restoration to "as found" ar better cond~iion, 17 THIS PAG$ TQ BE St1I3Mi7-TED IEV QRI]ER FOR PACKAGJ~' TO I3E CONSIDERED COMPLETE AKD ACCEP'T'ABLE EXHIBIT A ALT~~NATNE RED ITEMS B~ RESIDENTXA~ WATER SERV'XCE 5EGTYON 41NI1' UNxT PRICE ' 21 FURNISH AND INSTALL 1-1l4" SCH'~ #~VC WATER SERVICE PIPE ~ ~,L7~ 22 FURNIS}i AND INSTALL 1-112" `-~ d0 PVC WATER SERVICE PIPE LF ~ ~~ 23 I=URNI5H AND INSTALi. Z°` SCH 40 PVC WATER SERVICE PIPE ~ ~~~~ 24 RECpNNECT DQSfiNG SPRKINKLER CONNECfIpN AT THE FiOUSE ~ ~ S C7o ~` ~5.vz~ 25 IN5TAL.LATION dF NEW HOSE 8IB 26 INSTALLATION OF VACUUM BREAKER dN ripSE Bib ~ 7. ~v 27 RELOCATE pQ5}TNG 3/4" OR 1" RPZ BACECFLOW ~ ~a~.L~ 28 RELOCATE p45TlNG 1.5" OR 2" RPZ BACKFLOW ~' f SO. crb u~r~ ur~~r PRICE ~# WATER gERNICE 5EGTION 29 FURNISH AND INSTALL 1" CORPORATION STOP AND SADDLE LESS THAN 4' DEEP 34 INSTALLATION OF 2" R5 GATE VALVE AND SADDLE CdMPi-~ WITf{ VALVE 80X ~ ~ 3 0. C7U 31 INS7-ALIATit~V OF Z° P.E. SERVICE LINE W/O CASING FOR SHORT SIDE '~ J G,,, Sa $2 INSTALLATION OF 1" P.E. SERVICE LINE W/d CASING FOR SHORT SIDE 33 INSTALLATION OF 1" P.E. SERVICE LINE WfTH 1-1/2"CASING FOR LONG SIDE l-F 1 ~, ~~ 34 INSTALl11TION OF 1" BALI-METER VALVE ~+ 15d . cra 35 INSTALLATION OF 1-1/2" OR 2" BALI. METER ~ Sao • ~ UNIP LIHIT PRICE a# WATER MAIN SECTIQN 36 INSTALLATION OF 4" C904 PVC PRICE PER FOOT WITH FITTINGS ~a. ~-~ 37 iN51'ALLATION OF 6" 0904 PVC PRICE PER FOOT WITH FITTINGS _~__ _-.------ Lf ----------- -- 3 -- `~' C7C~---~.----- ..-.-. 38 INSTAL.LATIdN 4F $° 0944 PVC PRICE PER FOOT WI3'N FITTINGS ~ [ 1 ~S.CrD 39 INS`E'W-1-ATION OF 4" CL354 DI PRICE PER FOOT WITH FrT~iNGS ~ fig, ~~ 40 INSTALLATION OF S" CL,350 DI PRIG PER FOOT WITH Fi'L-PINGS ~ S ~, . crL) ION OF FIRE HYDRANT WFSH MATT:RL4L5 {pCCLUDING 6" GATE VALVE} ~ !~ ~C~ ~~ 41 INSTALLAT EXHIBIT A „~t~~• cn7 42 INSTAI.LATiLIN OF 2" BLOW OFF ASSEMBLEI( ~ 43 INSTALLA'i"ION pF 4" GAIL VALVE WT'fIi BOX ~ ~;t~ ~J• C7L^ ~4 IN$T'AIIATION OF 8" GATE VALVE WITH 80X ~` ~ • j S • G~7 45 fli:NSFTY TESTING, COST PER 'PEST' ~ ~ 5 • ~ ~~ wAT~R M~7ER ago saCKFE.ow §lECTEON uNrr UNxT PRICE 46 INSTALLATION OF Slg"~ ~/4" WATER METER (LABOR ONLY} ~' ~~- , p~ 47 IM1lSTALIATION OF' 1" WATER METER (LABOR ONLY) ~ ~~ , I.YC] 4$ INSTALtAT10N OF 1.S" WATER METER (LABOR ONLY} ~` ~ ~Q • {~) 49 INSTALLATION OF 2" WATER METER (LABOR bNt1h ~ ~ C7Q • ICJ 50 IIVSTALLATIQN OF 3" WATER METER (LABOR ONLY} ~` ~2~~•c» 51 INSTALLATION OF 4" WATER METER (tA80RONLY) ~ 'IaS• c7t? 52 INSTALL ATION (3F 6" WATER METER (U160R ONLY) ~' 53 INSTALLATION dF 8" WATER METER {LABOR ONLY) ~ . ~ ~7, ~'rzs ~ , 54 INSTALLATION Of 14" WATER METER (LABOR ONLY) ~` f r ~'~r} , C~j 55 INSTAW4TiON OF 5J8", 3/4", 1"~ 1.5" OR 2" REGISTERS (i-ABOR ONLI~ ~ ~ ~. 4.~ 56 INSTALLATION 1.5" AND 2" REGISTERS (INTERNAL REPLACEMENT} (LABOR ONLY) ~ ~~$ , c~ 57 INSTALLATION OF S/8" RISERS (6"-1Z") LABOR ONLY ~' p(, S , c~ 58 INSTALLATION OF 1" RISER (6"°12") LABOR ONLY ~ ~(,~ . ~} 59 INSTALLATION OF 2" R£SETTER (LABOR ONLY) ~ I ~(j • U7~ 60 INSTALLATION OF 518" CHECK VALVE ON CUSTOMERS LINE (LABOR ONLY) ~ ~ S • (~ 61 INSTALLATION OF S/8" CHECK VALVE ON CUSTOMERS LINE ~' J j (~ . ~,-p 62 IN5TALL4TIQN qF 1' CHECK VALVE ON CUSTOMERS LINE (LAL30R ONLY) ~ 70•~ b4 INSfAt1ATION nF 314" - 1" RPZ ~~~-ows ~ ~ 5~~ • (JI-j 65 INSTALLATION OF 1.5° - 2" RPM BACKFtOWS ~` ~ 7~j f ~j} 66 TESTING f1EW OR EXISTING RPZ BACKFLOW 3!`+" ' z" ~ ~(~ • CTC? 6~ f~PAIR E~IS"fING BACKFL4W (LABOR ONLY) HR / ~~ • ~ EXHIBIT A b8 ADaI'(IO~tAL COST FOR BACICFLOW REPAIR PART'S NOT• COVERED UNDER LINES °k ~ /1 a1c 69 INSTALLATION OF RAAIO READ UNIT'S ON EXIS•fING COMPATISLI: WATER METERS (LABOR ONLY} EA f~V~~1~ DrRECRONAL PrP~ goR~NG s~~rroN u~xr UNIT PRICE 70 iJ2" ° 1" SCHEDULE 44 PVC {IRECTIONAL BORING ~ ~ ~ , ~y.U 71 1-1J4" - 1-i/2" SCH 40 PVC DIRECTIONAL BORING ~ r ~• ~~ 72 2" SCH 40 PVC DIRECTIONAL BC3RING ~ ~ ~, . ~v 73 2-1J2" SCFi qD PVC DIRECTIONAL BORING ~ ~ (~•+~~ 74 3" SCH 40 PVC DIRECTIONAL BORING ~ ~ •~ • ~j0 75 POT HOLING TO LOCATE flQSTING UTILITIES ~ o~ O~ . L~L7 7b INSTALLATION OF ELECTRICAL SWEEPS lJ2" - i-iJ4" ~ ~ ~ ^ ~ 77 INSTALLATION OF ELECTRICAL SWEEPS 1-I.J2" - 3" ~ ~O , 4~l 78 INSTALLATION OF 4 X 4 X 4 ELECTRICAL PULL SOX (COST PER BOX) E,4 ~,~ ~,~ 79 3NSTALlATION OF 8 X $ X $ ELECTRICAL PULL BOX (COST PER 80X) EA 4 c,~, ~ 1 4 80 ADDI"RONAL COST PER FOOT FOit 5CH 80 PIPL ITEMS 85-49 ~ 3•~ B~ FrRE HYDRANT MAINTENAC£ AND RI~PA][R SECTION u~Ir []IQIT PRICE 81 FIRE HYDRANT FLOW TEST, PRESSURE TEST AND NOZ"LLE LUBRICATION EA ~ 3. L~ 82 CAST FOR FIRE HYDRANT FLOV1fTEST WJRESiDUAL TEST ~ 3 ~ L'rD 83 FIRE HYDRANT AUDIT (INCLUDES AUDIT, FLOW. AND MAINTENANCE OF HYDRANY) FA ~~. ~ 84 FIRE HYDRANT PAINTING, WIRE AND SCRAPE ~ ~ L~ 85 PAINTING OF BOLLARDS ~ i S - cry 86 UPPER BARREL REPAIR ON EXISTING FIRE HYDRANT ~ ~ "~s. ~ 87 LOWCR BARREL REPIAR ON EXISTING FIRE HYDRANT EA rJ OU, C~~ 88 INSTALLATION dF TRAFFIC REPAIR KIT ~ a 50 . {~'D 89 INSTALLATION OF 6" FIRE HYDRANT EXTENSION ~ j r~, CTa 94 INSTALLATION OF f 2" FIRE HYDRANT EXTENSION ~ t!. ~s , ~ 91 INSTALLATION OF 18" FIRE HYDRANT EXTENSION ~ S Sd, ~~ EXHIBIT A 116 HOURT.Y RA'Z'E FOR PIPE LAYlrft 117 FtOURLY RATE FOR PLATT= CQMPACIOR llr3 1-iOIIRLY RATE FpR 3° PUMP Ii9 HOURLY RA'Z'E FOR VALVE IXERGISE MACHINE WITH VAGUUhi 120 HOURLY RA71= FOR UTILITY TRUCK . 121 HOURLY RATE FOR IXCAVATOR 122 HOURLY RATI= FOR SKID5T1rER 123 SOD RESTORATION FOR PRICE PER FOOT 124 ADE3ITIONAL COSC FOR T1tAfFlC CONES 125 ADDIfi10NAt COST FOR TYPE I, II ,III SARltICADFS 12b ADpTtIONAL COST FOR WOR~C ZONE SIGNS i27 ApDIT'IONAL CO5T FOR ARROW $OARD 128 PA55 THROUGH ON MATERIALS NOT COVERED UNI]r=R LINE ITElti1S HR ~~,(~ HR ! 5 . v~ HR ~~-~ HR J' AZ 5 GTE HR l l Q , s~ ~~ ~.as DAY '? . O,~ DAY ~ , 4~ f7AY ~ . ~ DAY ~ ~~ Csb a~ ~ ~ J vmn^r.linetsrinc.tom ~ i Profess'anal U,aderg~oua8 U1lfitp ConVaelur Dilecrawl t3ain31(2° - 3" Rene Anderson ~ Regional 5nles Director kYafer Moin tns!a}la?ians Wafer Selrice tine Rep'aterenr Ilffice 561.779.1032 Fre H}drant IratgUati~nl~?.ninlemrce fl f b R } l W l i I Toll: 888.879.8708 [ell: Sd1 239 D338 a ar ay r~ c~ aceRCn afer r et~ . . Prop~ry` d~anogemeat Utility Rograrra Fax:5b1.219.1044 lit#CU[U57105 (F€1421752 €mailRerle@Gr~te6n~cam N f liS Ave ue Delray Bench, a4~`~ MEMORANDUM TO: Mayor and City Commissioners FROM: Joseph Safford, Finance Director Patsy Nadal, Purchasing Manager THROUGH: David Harden, City Manager DATE: October 11, 2010 SUBJECT: AGENDA ITEM 8.M.6 -REGULAR COMMISSION MEETING OF OCTOBER 19, 2010 PURCHASE AWARD/TANNER INDUSTRIES, INC. ITEM BEFORE COMMISSION The City Commission is requested to approve a blanket purchase order valid from 10/01/2010 thru 09/30/2011 in the amount of $35,000.00 C $0.65 per pound per quote dated 10/11/2010 for the purchase and delivery of anhydrous ammonia "as needed" from Tanner Industries, Inc. via City of Port Orange, FL bid number B 10-16. BACKGROUND Anhydrous ammonia is used in the water treatment process to produce chloramines, which provides a disinfectant residual in the drinking water. Tanner Industries, Inc. has agreed to extend to the City of Delray Beach the price of $0.65 per pound via the City of Port Orange, FL, bid number B 10-16 for the supply and delivery of anhydrous ammonia as stated on attached letter dated October 11, 2010. This price would be valid for the period of October O1, 2010 thru September 30, 2011. The price per pound is a decrease of $0.17 from last year. Tanner Industries, Inc. is the City's current vendor and the product per the Water Treatment Plant Manager, has been consistently of good quality with on time deliveries. FUNDING SOURCE 441-5122-536.52-21 WATER AND SEWER WATER/SEWER SERVICES OPERATING SUPPLIES CHEMICALS RECOMMENDATION Staff recommends award to Tanner Industries, Inc. for the purchase of anhydrous ammonia via the City of Port Orange, FL, bid number B10-16 at $0.65 per delivered pound for an estimated annual usage in the amount of $35,000. Na,da:.l,, Pats , From: Bullard, John Sent: Monday, October 11, 2E310 2:38 PM To: Nadal, Patsy Cc: Robinson, Amy Subject: Tanner Industries, Inc. B.P.O. Patsy, lam recommending we extend our contract with Tanner Industries, Inc. Except for a brief period of time with Bauer, we have been with Tanner consistently throughout the years we have been feeding ammonia. Their service, quality of product and safety record have been exceptional. All of this is crucial due tv the fact that ammonia is required for chloramine disinfection. We will need a B.P.O. for $35,Onb for FY `lp/'~.~.. Than#cs, John d ~n~®~~G G+DVN tlll~A'pA'-. ItQq~~S~..Y@`Ytil.{~e ~uNS'e~~~1~~'pp~ 6'6 21 ~-322-1238 SAX 215-322-7725 ~nrww.fann~rind.com Oet~ber 11, 241,0 Ms. Patsy Nadal City of Delray Beach 100 N.W. 1 Sc Avenue I~hay ~ ~ Via email: nadal(a7ci.delray-beach.fl.us Dear Ms. Nadal: Per the request of our representative, Mr. Richard Butt, we are pleased to extend the offer far the City of Delray Beach, FL to piggyback off of the current bid number B 10-16 Water/Wastewater Chemicals for the City of Part Orange, FL for l.t.l. bulk quantities of Metallurgical Grade Anhydrous Axnrr~onia for delivery to your facility in Delray Beach, FL. $.65 per pound delivered Minimum: 2,000 pounds Price includes 2 hours unloading Effective: October 1, 2010 Firm thru September 30, 2011 if we may be of any further sezvice, please da not hesitate to contact us. ~~ lye 'T'anner nd~ta~ie~, Inc. David L. Pella Sales Supervisor 10/2/2010 x:41 FRX CLT'Y OF iE'C?RT ORA}V'OE STANY3A,R~ CONT~4.CT FOR SUPPLT~~ This contract is entered into this ~s~dsy of 2gI4, by and betty of Port Oran,~e, Ploride, c-r its aukhorized agonts, attd the Contractor identified below identified herein, oa the following tern7s end conditions, Th1B Contract is prepared in with Section 8-ZO of the Furchasing Ordiaaanae ©f the City of ]'art Drangc. 1. Dc~nitions. (e} As Used in this Contract, the term City steal! mean the City ofF Florida, oz its using depaa~tteant identlfiled below and author Purchasing Regulstloas or other law to Dot®r aanFraCts, For the this Contract the City sl~ll mama the Pr~b ~~ (b) As used in this Caatsaat, the term Contractor" shall m.ea~n. 2. Wherebaxes era provided besides anypravisitan af'tlais Contract, provisions which, arc marked shall apply td this Contract. ~uoh t be marked by the City as p$rt of the bid proQass, 3. Previsions of Supplies. (a} The vendor hereby agrees: to sal to lease The following supplies to rise City: Assorted WatcriWastewater Chemtesls as de~aaed end ~ 110-].G WeterlW'~tstevF'ater ChBmiesl Bad. (b} The supplies shall strictly cant'ozm to rtes spcc3£icatior~s set fox ]:r~va#a#ion to 81d for these supplies, or aay amendments thereto, descriptions ar samples pravitled hrrcwith by the Contractor, The tune, manner ar~d place oi;' delivery of suoh supplies shall be; Time. Aa specti~ed In bid H 1©~16 docamenta, Nfanuer: Best end mast secure regpon~ible rnethnd. places Public Utalitiea Uegar#ment, 'Water Divaslaat located Welli]$Id Raad, Part Orange, F'lorlde 31.29 and Wastewatg~r aocatcd at S17 Oak street, Part Urar~ge, Florida 32127 during and hoary ae ©titllned in Hid B10-I6, or ad desler~ated ort Clty ] order, sll wlthlrt the munlcaga) bn~ur-darlaa of rtes City of Part Faaricla, dt~ring tl~e days and hours ss outlined in Sid B I4-16. Term: One (1) years commencing Ocfober 1, 2014, with an i renewal far an additlanal ort8-{!) year at same graces, tee candatlaaxa, if rnratuell,y agreesbas to bath parties. rtes City Orange, I by the t16~~9 O~ ply thaw ices shall 4n Hid hletl7c and any at X404 days tz of and ~j010/~18 deceived dime Oct,12. 2010 1:42AM No,982~ L 3 ~ ~ P a 'e H m ti n~ ~ ~ ~ ®m ca x L6 ~. ` ~ a ~ ~ ~ o q d m 0 o au r ~ ~ v O m 0 0 s ~ ~ - o ~. ~ ® t~ 0 0 v q~ m m ep `o ~ ~ c ~ a ~ o~ m Q~ ~ ~ Q ~ ~~ ~ ~ .- ~ a t d ~ ~ ~ Y ~ '~ a [1 ti ~ c za a ~ ~~ ~ ~ _ ~ a ... ~ X ~ ~~ mn .- c ~ 3 C F7 C w 1~ F C 6 ~ ~ p Q o 0 ® a e ~ ~-° .o ~ ° a ~ cs `o ~ A ti ~ U ~ ® p j 3 ~ E ~ r _ O U = ~ _ C ~ ~ ~ ® ~ im1 ~ ... (~ Z O ~ ~ m ~ a. ~ ° U ' ~ ~ 3 O '° U ~ ® ~ ~ ® v ~ a a ~ 0 0 ~ ~ w ~ (~ c 'o 3 .x ~ t v u 'o ~ a _ ° ~, u :~ ~ ~ a ~ ~ ~° ~ ~ n ~ a ~ ~ ~ ~ v 'n ® o. m ~ ~ ~- z- cue c c O -~ s U •-- _o 0 O O 0 cep m MEMORANDUM TO: Mayor and City Commissioners FROM: Joseph Safford, Finance Director Patsy Nadal, Purchasing Manager THROUGH: David T. Harden, City Manager DATE: October 12, 2010 SUBJECT: AGENDA ITEM 8.M.7 -REGULAR COMMISSION MEETING OF OCTOBER 19, 2010 PURCHASE AWARD/ PRAXAIR, INC. ITEM BEFORE COMMISSION The City Commission is requested to approve a blanket purchase order in the amount of $130,000 for the purchase and delivery of liquid carbon dioxide (C02) as needed from Praxair, Inc. via City of West Palm Beach Agreement and Amendment No. 1. The blanket will cover a period of November 2010 through October 31, 2011. BACKGROUND For 2007/08 the City Commission approved the purchase of liquid carbon dioxide from Praxair, Inc. via the City of West Palm Beach bid agreement. Chemical pricing at this time is not stable and providers are reluctant to enter into a term pricing contract. Last year (2009) with the escalating cost of this product the Purchasing Department obtained product cost comparisons. Air Liquide America LP is the only other vendor that provided the City with a set price; with no response this year. Praxair, Inc. is the City's current vendor for liquid carbon dioxide and has agreed to maintain the pricing of $194.74 per ton via the City of West Palm Beach Agreement and Amendment No. 1. Regulatory compliance charges (RCC) per delivery are not included in the per ton cost. The City of West Palm is currently in the bid process on this product (their agreement expires on November 1, 2010). In the past the City has had several vendors for this product with varying results in the pH balance. It is crucial that the City maintain a dependable and consistent supplier of carbon dioxide. In 2002 the City changed from Air Gas to Air Liquide America for the delivery of C02. At the time, the cost to retrofit our existing tank fittings was $3,919 in order to make the hydraulic fittings capable for the transfer. There was also down time in getting service personal out to make this change, and in the interim, we were forced to get smaller quantities from Air Gas at a higher cost. Changing vendors also requires additional testing of the pH levels and consistency of product. Praxair provides a product that is consistent and deliveries that are on time when needed and in any amount with no change in pricing. Changing to another vendor may result in needing to retrofit tank fittings again. Staff feels that changing from Praxair at this time would not be in the best interest of the City. The Water Treatment Plant would prefer to extend our contract with Praxair, as they have a proven record of reliability, quality of product, and safety. FUNDING SOURCE 441-5122-536-52.21 (Water and Sewer Fund: Operating Supplies/Chemicals). RECOMMENDATION The Water Treatment Plant recommends a blanket purchase order in the amount of $130,000. to Praxair, Inc. for the purchase and delivery of Liquid Carbon Dioxide (C02) to be ordered "as needed" via the City of West Palm Beach Agreement and Amendment No. 1. ~ladal, :Pats:,: From: Buffard, John Seat. Monday, October 11, 2090 3:10 PM To: Nadal, Patsy Cc: Robinson, Amy Subject: Praxair B.P.O. Patsy, I arri recommending we extend our contract with Praxair for carbon dioxide. Their service, quality of product and safety record continues to be exceptional. Carbon dioxide is crucial to the overall water treatment process as it adjusts the pl-I to a safe drinking level. We wit! need a 13.P.0. far $130,000 for 1;Y `10/'1. Thanks, John Nadal, Pats,, iFtorrt: Cheryl_Anderson@Praxair.com Sent: Thursday, October 07, 2010 19:55 AM To: Nadal, Patsy Cc: jbullard@mydelraybeach.com Subject: Agreement Letter -City of Delray Beaeh, FL Attachments: Existing T&C`s.pdf; Delray Beach.pdf Hi Patsy, Per our conversation, atkached you will find the new agreement letter for November 1, 2010 thru October 31, 2011 and the documen# with the T&Cs which govern this agreement. Please keep in mind that this agreement needs to be signed and in effect prior to the November 9, 2010 start date to ensure pricing is sustained at $194.74/ton. A timely response helps to minimize the risk of a higher proposed price in November as a result of any impacts on cost. This proposallpricirtg is valid for 15 days. Please feel free to call with any goes#ions. Otherwise, please return signed copy and Praxair will countersign and return for your records. Vile value your business and I thank you again for your assistance) Best regards, Clleryl Anderson Account Manager 'Pr~xair 1 nc_ Cheri, Anderson(a,Praxair.com Office Phone: ~+1 (630) 320-4150 ~~ ~~ F $~ ~~ 7 Please consider the environment before printing this e-mail. .~ ©ctaber 07, 2010 Ms. Patsy Nadal City of Delray Beach {Buyer) I00 N.W. lst Avenue Delray Beach, FI.. 33A~44 Praxalr, Tnr. 7000 High Grove Boulevard Burr Ridge, IL 50527-7595 ~.E: LIQUID OXYGEN SUPPLY AGREEMENT EXECUTED BY PItAY1~iR, INC. AND T8E CITY OF WEST PALL BEACH ON DULY G, 2pp6 AND AMENDED ON NOYEMBE>€t 4, 2pp8 ("Agreement"} DELRAY BLACII PURCI~IASE C)RDER: TI3D Dear Patsy: This letter shall confirm the agreement between tho City of Delray Beach, FI. and Praxair, Inc. that the City of Delray Beach desires to continue to purchase liquid earbnn dioxide from Praxair, Inc. and Praxair, Inc. is willing to supply such liquid carbon dioxide an the condition tlrat.all terms and Bonditians of the Agreement referred to above shall continue in full Force and effect and govern the terms and aanditians of the sale by 1'raxair, Ixzc. and the purchase by the City of Delray Beach of liquid carbon dioxide. The term of the Agreement shall be November I, ?010 through Qctober 31, ZO11, and will continue in effect thereafter for successive one {1) year periods, upon mutual agreement of both parties. Pricing will be ~ 194.74itvn fnr the period of November 1, 2010 through October 31, 20l l . Seller will have the right to adjust product price each calendar year, by providing Buyer not less than f ftsen (I5} days prior written notice of the effective date of such revision. Far ~e avoidance of doubt, a copy of ilre agreed upon governing terms and conditions are attached hereto as Addendum A and made a part hereof. The Buyer and Seller Aclcnowledge and agree that the supply of product is subjeot to these; terms and conditions. Ta accept dte above, please sign in t1~e "acoepted" spaces below and return one copy of the signed letter to this office via fax: 630-32q-45€?"7, or emait: cheryl_anderson c~;r praxair.cotn. If you have any questzans, please do not hesitate to contact me on (630) 320--~L156, Sincerely, ~~ Cheryl Anderson Account lVZanager Accepted: CITY OF DELRAY BEACI~I, TL Signature: Name: Title: Date: PRAXAIIt, INC. Signature; Narcie: 'T'itle: Date; Malci~;~ Drrr Plc~f~e! Iblorc~ P!•oclarcti~~cF MEMORANDUM TO: Mayor and City Commissioners FROM: Joseph Safford, Finance Director Patsy Nadal, Purchasing Manager THROUGH: David Harden, City Manager DATE: October 8, 2010 SUBJECT: AGENDA ITEM 8.M.8 -REGULAR COMMISSION MEETING OF OCTOBER 19, 2010 PURCHASE AWARD/ POOLSURE OF SOUTH FLORIDA ITEM BEFORE COMMISSION The City Commission is requested to approve a blanket purchase order valid from 10/01/2010 through 09/30/2011 in the amount of $51,400. C $1.35 per gallon per quote dated 09/28/2010 for the purchase and delivery of Sodium Hypochlorite "as needed" from Poolsure of South Florida for eight (8) to ten (10) remote booster station locations. BACKGROUND Sodium hypochlorite is used as a disinfectant/antimicrobial agent. Currently the City purchases this product from Sentry Industries in bulk tanker loads for other locations. Gulfstream, Owens Baker and other booster station locations required quantities of 500 gallons and 1,000 gallons and cannot accommodate a tanker size truck of 2,000 gallons (tanker) due to truck accessibility. Most vendors will only deliver in tanker quantities. Delivery for this product has a 1,000 gallon maximum size at the locations. This is considered a small order for delivery. Poolsure is the only vendor we are aware of that will deliver in these smaller quantities. FUNDING SOURCE 441-5123-536.52-21 OPERATING SUPPLIES /CHEMICALS RECOMMENDATION Staff recommends a blanket purchase order for the purchase of Sodium Hypochlorite "as needed" from Poolsure of South Florida as a sole source for an estimated annual cost of $51,400.00 C $1.35 per gallon. u W ,r: 4800 Northwest 15"`Avenue Unrt IC Fort Lauderdale, FL 33309 954-651-6415 Phone 954-651-5435 Fax September 2$, 2010 Mr, Seott Solomon City of Delray Beach 434 South Swinton Delray Beach, liL 33444 Dear Seatt: Thank you for your continued confidence in Paalsure to be able to meet the needs of the City of Delray Beach for their sodium hypachlarite needs. We are prepared to offer the City far the period of 4etober 1, 2010 through September 30, 2011 a per gallon price of $135 far sodium hypachlorite. Should you have any questions please do not hesitate to contact myself ar Mitchell Brandt. We look forward to meeting the needs of the City and the relationship we have developed. Very truly yours, Michael Levine. Nada'I, Pats:. From: Solomon, Scott Sent: Friday, Qctaber 08, 2010 2:03 PM Ta: Nadal, Patsy Cc. Majtenyi, Victor Patsy; Please place on the agenda for City Commission approval for the of purchase Sodium Hypochlorite @ $1.35 per gallon for a minimum purchase of 500 ga! per delivery from Poolsure of South Florida. The amount of the tots! purchase is $51,400 from account number441-5123-536-52.21 [Chemicals}. Ponlsure has provided excellent service over the years and are still the only company able to supply our needs by delivering product to s to 10 booster stations throughout the city. Thank you 5zott'IN. `5o'iorncan ]Nater/`Se~ver E~fetwork 1llianager voice (561) 243-7309 Fax [561) 243-7301 ~~~ ~ Vic:„~ ~. ~,~ . _. t MEMORANDUM TO: Mayor and City Commissioners FROM: Joseph Safford, Finance Director Amy Robinson, Sr. Buyer THROUGH: David T. Harden, City Manager DATE: October 11, 2010 SUBJECT: AGENDA ITEM 8.M.9 -REGULAR COMMISSION MEETING OF OCTOBER 19, 2010 PURCHASE AWARD/ DEVLAND SITE DEVELOPMENT, INC. ITEM BEFORE COMMISSION City Commission is requested to approve a blanket purchase order in the amount of $180,000.00 for sludge removal and disposal "as needed" by Devland Site Development, Inc. The blanket will cover a period of October 1, 2010 through September 30, 2011. BACKGROUND The Wastewater Treatment Plant (WTP) generates a large amount of sludge due to enhanced coagulation with ferric chloride. The average amount, including sludge processed by dewatering and sludge removed from the lagoon, is 3 trucks per day. The average weight of each truck load is 19 tons. The WTP had an agreement with the Solid Waste Authority (SWA) to dispose of sludge at no cost, until March of 2007, because they were stockpiling it for future lime recalcination project. SWA determined at that time that they were not going ahead with the project and informed us that we would have to begin paying the going rate of $65 per ton if the City dumped at their site. The annual cost would be $1,352,325 (3 x 19 x $65 x 365). Other sludge haulers were contacted along with Devland Site Development, Inc. to see what arrangements they would be able to provide the City of Delray Beach for sludge hauling and disposal. Devland Site Development, Inc. offered the City an agreement with a one year renewal option to haul and dispose at a rate not to exceed of $212 per truck load with assurance that Devland would have enough demand for sludge to carry on for at least four (4) years. With Devland's proposal, the annual estimate of $180,00.00 would be a cost saving of $1,172,325.00 to the City. All other trucking companies that the City has dealt with over the years would only be able to dispose of sludge if there was a major project going on such as a roadway expansion. Otherwise they could only offer to haul to a landfill such as the SWA with the City paying the $65 per ton dump fee. The proposal from Devland was unique in that they could haul and dispose of a large amount of sludge for an extended period of time. Devland has provided the Water Treatment Plant with exceptional service and John Bullard, Water Treatment Manager highly recommends that the City continue with Devland because of their unique service and the City's excellent working relationship with this vendor. FUNDING SOURCE 441-5122-536-34.90 WATER/SEWER SERVICES/OTHER CONTRACTUAL SERVS RECOMMENDATION Recommend approval of a blanket purchase order in the amount of $180,000.00 for sludge removal and disposal "as needed" by Devland Site Development, Inc. The blanket will cover a period of October 1, 2010 through September 30, 2011. ~6~~~E'lStD9~, ~~ From: Bullard, Sohn Sent: Monday, C)ctober 11, 2010 2:08 PM T~: Nadal, Patsy ~c: Robinson, Amy S~sbject: ©evland Site Development, Enc. B.P.O. Patsy, I am recommending we extend our contract with Devland Site Development, lnc. for Fl' `10/'11. Devland has consistenrtty removed arrd disposed ali sludge generated frorm the water treatrr~ent plae~t. W'e do not know of any other trucking companies who car} guarantee to rernave the vaiurne cif sludge that we produce. Devland's price remains very competitive. We have had no issues with theirtruck drivers or heavy machinery operators. We will need a B.P.t7. for $180,000 for %1f '3.0/'11. "#; E'~artks, lnlrrt MEMORANDUM TO: Mayor and City Commissioners FROM: Joseph Safford, Finance Director Patsy Nadal, Purchasing Manager THROUGH: David Harden, City Manager DATE: October 11, 2010 SUBJECT: AGENDA ITEM 8M.10 -REGULAR COMMISSION MEETING OF OCTOBER 19, 2010 PURCHASE AWARD/ SENTRY INDUSTRIES ITEM BEFORE COMMISSION The City Commission is requested to approve a blanket purchase order valid from 10/01/2010 thru 09/30/2011 in the amount of $260,000 to Sentry Industries for Sodium Hypochlorite C $0.78 per gallon (full tanker rate) per quote dated 06/17/2010 for the purchase and delivery "as needed" . BACKGROUND Sodium hypochlorite is used on a large scale to prevent algae and shellfish growth in cooling towers. In water treatment, hypochlorite is used to disinfect water. Past vendors who supplied Sodium Hypochlorite (bleach solution) to the Water Treatment Plant presented problems such as failure to make timely delivery of the Sodium Hypochlorite as required by the Water Treatment Plant. After a number of delivery problems with vendors, the manager of the Water Treatment Plant requested quotes from other vendors. Sentry Industries $0.78 per gallon Odyssey Manufacturing $0.88 per gallon Harcross Chemicals $0.98 per gallon The Water Treatment Plant is now getting deliveries from Sentry Industries and their service and product have been of the highest standards and have met the City's standards for the Water Treatment Plant's disinfectant as it is essential that the City have this level of service provided to the City by Sentry Industries. This pricing includes providing storage tanks with secondary containment to be maintained by the City of Delray Beach at no cost to Sentry Industries. FUNDING SOURCE 441-5122-536.52-21 WATER TREATMENT & STORAGE WATER/SEWER SERVICES OPERATING SUPPLIES CHEMICALS RECOMMENDATION Staff recommends award to Sentry Industries for the purchase of bulk Sodium Hypochlorite at an estimated annual cost of $260,000 C a price of $0.78 per gallon as quoted in their letter dated June 17, 2010 with no additional charges for delivery. Nadal,, :P.atS, Frnm: Bullard, .Iohn Sent: Monday, October 11, 2010 2:52 PM To: Nadal, Patsy Cc: Robinson, Amy Subject: Sentry Industries B,P.Q. Patsy, # am recorr~mending we extend our contract with Sentry Industries for sodium hypochiorite. Their service, quality of product and safety record has been exceptionai. We have had problems with other companies in fulfilling their obligations. The purpose of feeding sodium hypochiorite is for disinfection. Their price remains competitive. We will need a B.P.O. for $280,000 far FY `10/'11. Thanks, .John ~'~~a ~~~~~. ~~~~~sff~~ ~rt~~~~~y~Ye~~~~,~a~s wxt~ c~~" ~~~~~~ ~~~~r P . `~~:.~sc:~~r~~~t ~"~a~T ~r~s.1~~d~~: `°`--~ .`. ~~~~~ Nadal., ~'~`. Prom: Patrick Allman [pallman@odysseyrnanufacturing.comj Sent: Wednesday, June 23, 2L}101:49 PM Tv: Bullard, John Subject; SODIUM HYPOCHL.ORITE PROPOSAL. Jahn, Odyssey Manufacturing Ca. is pleased to quote the supply of its Ultrachlar sodium hypochlarite far the firm lump sum delivered price of $.88 per gallon. This pricing is gaud through September 3d, 201.. Thanks. Pat. s 1i~. ~~' ~' ~u. ~~ ~' . ~~~~~ ~~~-~4rn-~a~n 10-4-10 Sohn M Bullard Water Treatment Plant Manager 200 SW 6th Street Delray Beach, Fl. 33444 ~~~. ~~3 ~31k~ bullar°d' ci.deira -beaeh.fl.us kF~ ~~ ~1 Please to quote the following: Full truck loads 5,000 gals of Sodium Hypochlarite 10%~ CL2 {PC#15019) delivered to ane location, at above address. Estimated 300,000 gals for the year ar 5 truck loads a month. Please allow 2-3 day lead tune, once order is placed. Price is firm for one year from Oct 4 2010 to 2011. With condition that if we are given a price increase/decrease by supplier you will be given 15 day notice of said action and we will supply copy of that action. This takes in consideration pending increases this month. $ 98.00 gal delivered to your location. Thank you for this opportunity. If you have any questions please call rrre 561-346-1335. India I~Iaass illaass(a,harcras.com 561-346-1335 Dacu~entl MEMORANDUM TO: Mayor and City Commissioners FROM: Joseph Safford, Finance Director Patsy Nadal, Purchasing Manager THROUGH: David Harden, City Manager DATE: October 12, 2010 SUBJECT: AGENDA ITEM 8M.11 -REGULAR COMMISSION MEETING OF OCTOBER 19, 2010 PURCHASE AWARD/PVS TECHNOLOGIES, INC. ITEM BEFORE COMMISSION The City Commission is requested to approve a blanket purchase in the amount of $250,000. for the purchase and delivery of liquid ferric chloride "as needed" from PVS Technologies, Inc. The blanket will cover a period of October O1, 2010 through September 30, 2011. BACKGROUND Ferric Chloride is needed to reduce organic properties in treated water. The treatment with the ferric chloride solution enhances the reduction of resistant organisms in water. PVS Technologies, Inc. has submitted a quotation dated October 12, 2010 for the unit price of $1.148 per pound of iron; no increase from last year. There are two (2) other vendors who can supply this product, one product is not as consistent and has more impurities and the other is produced and shipped from the Midwest with the transportation cost being a large factor in the actual cost of the delivered product. Previous testing of several liquid ferric chloride solutions was completed by the Water Treatment Plant and the ferric chloride from PVS Technologies tested with fewer impurities in their mixtures. FUNDING SOURCE 441-5122-536-52.21 RECOMMENDATION The Water Treatment Plant recommends the purchase and delivery of Liquid Ferric Chloride from PVS Technologies to be ordered "as needed" at $1.148 per pound of iron as quoted October 12, 2010 for an estimated usage of $250,000. Nadal;, Pats:, From: Bullard, John Sen#: Tuesday, October 12, 201010:27 AM To: Nadal, Patsy Cc. Robinson, Amy Subject: PVS Technologies B.P.O. Patsy, I am recommending we extend our contract with PVS Technologies for ferric chloride. Their service, quality of product and safety record have been exceptional. Consistency in the quality of product is essential to meet the organics reduction requirements of the Disinfection Byproducts Rule and PVS has always met the standard we require. We witl need a B.P.Q. for $250,000 for Fy `0/'11. Thanks, John - SIXtS~A'VS'LI(t//~C'i<f.S,: .G' L Mr. Patsy Nadal City of Delray Beach Via Email Dear Patsy, 1o/12r2o1o am pleased to offer the fallowing pricing on PVS Technologies Liquid Ferric Chloride. PVS Technolagies would like to extend the current pricing to Delray Beach in the form of a renewed pricing agreement to replace the existing expixed agreement. Please see the details below and sign and return the document if you are in agreement. Product: Ferric Chloride 37% - 42% Price: New agreement date through 9/30/2011 $1.148 per pound of Iron F,C?.B: Delivered- City of Delray Beach Water Treatment Plant Package: Bulk Tank Truck 45,000 paund minimum Terms: Net 30 Days Conditions: Demurrage- 2 hrs. Free, $50.00Thr. thereafter WeekendlHoliday delivery 1001$150 Contract Periad: 10/1/2010 through 9/30/2011 PVS Signature: ~ 7~ ~ Delray Beach Signature: dose M. Gonzalez Director of Technical Service PVS Technologies 4ft"ice and Fax- 607-859-2543 Mobile- 313510-4238 MEMORANDUM TO: Mayor and City Commissioners FROM: Danielle Connor, Acting Fire-Rescue Chief THROUGH: David T. Harden, City Manager DATE: October 12, 2010 SUBJECT: AGENDA ITEM 8M.12 -REGULAR COMMISSION MEETING OF OCTOBER 19, 2010 PURCHASE AWARD/ ZOLL MEDICAL CORPORATION ITEM BEFORE COMMISSION This item is before the Commission for approval to purchase a warranty and maintenance contract for our Zoll monitor/defibrillators. BACKGROUND Monitor/defibrillators play a prominent role in the level of EMS service delivery available to the residents and visitors of Delray Beach. The fire department has made great strides in patient care using new advances in cardiac telemetry. These machines enable Paramedics to assess cardiac rhythms in the prehospital setting and to monitor a patient's vital signs. Two years ago, each of the department's EKG monitor/defibrillators were retrofitted with bluetooth technology which enables the transmission of problematic EKG's from remote sites to the hospital, which has resulted in improved patient outcomes. Due to the cost associated with this investment and due to higher replacement cost, it is prudent that the department protect its investment. In an effort to protect the investment, the department desires to maintain a one year extended warranty and preventive maintenance contract with Zoll Medical Corporation for our seventeen (17) Zoll Defibrillators. The cost of this contract is $23,519.50. The City has maintained this contract for the past five years. FUNDING SOURCE 001-2315-526-46.20 RECOMMENDATION The Fire-Rescue Department recommends approval to purchase extended warranties and semi-annual preventive maintenance contracts for the department's Zoll monitor/defibrillators. a. '~; ~~ ~ ~: EXTENDED VIiARRANTY CC3NTR~iCT P.O.# ZOt.1» Medical Carparatian 269 Mil! Road Cheimsiard, Massachusetts 01824.4105 wvm,xoq.cam (978) 421-9655 (800? 348.9017 (978) 421.OD22 Fax OUST#: 101718 DATE: 10/4/2010 NAME: betray Beath Fire Department ATTN: Victor Williams Sill-to: 100 Narth West 1st Avenue "DEL#: 5b1-243-7'440 Delray Beach, FL 33444 FAX #: 5bl-243.7135 Ship-to: 501 West Atlantic Rvenue EMAIL: wifiiamsv@ti.delray-beach.ff.us Delray Beach, FL 33444 PART NUMBER $889-0001 DISCOUNTED I=XTENDED DI=SCi2IPTI4N ~ LIST PRIGI: P12TCi:_ PRIG: ~NE (1) Year Extended Warranty BOLL M Series Defibrillator ib T02C31557, T02J3923G, T023'3924D,.T03843056, 703643335, 703843338, TOZC31307, 703643346, T02J39235, T02J39242, 703643337, 703843339,703643348,~"03C4p006,RB07A003380,A607©00402b $15,572.00 2010 to October 31, 2011 Defibrillator. 8889-1942 A810A013318 CONTRACT DATES: Mnrch 1.2011 to October 31.2011 Warranty Preventive Maintenance {PM) 17 $450.00 $42'7.50 $7,2b7.50 2 PM's per unit per year Serial Nun~bera: _ 702031557, T02J3923b, T02J39240, 703843058, 703843335, 703843338, 702031307, 703843346, T02J39235, T02J39242, 703843337, 703843339, 703843348, 703044008, Ai307A003380, A607D004026 A810A013318 -~~ .. TOTA1. $23,519.50 ONE (1) Y1:AR EXTENDED WARRANTY xNCl.UDI"S: " 15% Multi Unit Extended Warranty Discount " 5% biscaunt an Preventive Maintenance when purchased with extended warranty. * 20% Discount on New Cables * 25X. Qiscount on Lithium SurePawer Batteries * 50~p Discount on Sealed Lead Acid Batteries "Tire use and shipping of a Service l.aaner at na cost during repairs. * No charge for shipping of unit being repaired. NOTE5: " Extended Warranty is a continuation of the Standard Factory Warranty, "List prices quoted are firm for b0 days, * Terms are Net 30 Days. CANCELLATxON POLxCY: The request to cancel an Extended Warranty must be sent 'rn writing to the Technical Suppart Cantracts Department. The lxtended Warranty Contract will be terminated 60 bays after receipt of request to cancel. Au#horized signature / Date Denise Whittemore Delray Beach Fire Department Service Contracts Safes Representative MEMORANDUM TO: Mayor and City Commissioners FROM: Bruce Koeser, Human Resources Director THROUGH: David T. Harden, City Manager DATE: October 7, 2010 SUBJECT: AGENDA ITEM 9.A. -REGULAR COMMISSION MEETING OF OCTOBER 19, 2010 RATIFICATION OF COLLECTIVE BARGAINING AGREEMENT/SERVICE EMPLOYEES INTERNATIONAL UNION ITEM BEFORE COMMISSION The item before the Commission is ratification of the Collective Bargaining Agreement with the Service Employees International Union (SEN). BACKGROUND The attached three-year labor agreement has been ratified by the Service Employees International Union (SEN). This agreement duration is from October 1, 2010 -September 30, 2013, and provides major changes in the following areas: Wages Provides for a wage freeze, with a re-opener in year two. Pension Allows changes to the Pension Plan according to Chapter 35 of the City Code of Ordinances. Overtime When computing overtime compensation, leave time (vacation, holiday, or any other leave time) will not be credited towards the overtime computation. RECOMMENDATION Staff recommends ratification of the Collective Bargaining Agreement with the Service Employees International Union (SEIU). COLLECTIVE BARGAINING AGREEMENT BETWEEN THE CITY OF DELRAY BEACH AND SERVICE EMPLOYEES INTERNATIONAL UNION FLORIDA PUBLIC SERVICES UNION, CTW, CLC October 1, 2010 - September 30, 2013 2010- 2013 ~LRAY BEACW SEI U TABLE OF CONTENTS PAGE PREAMBLE 1 ARTICLE 1 RECOGNITION 2 ARTICLE 2 DUES CHECK OFF 4 NOTICE TO EMPLOYER AND UNION AUTHORIZATION FOR DEDUCTION/ DISCONTINUATION OF UNION DUES 5 ARTICLE 3 UNION REPRESENTATION 6 ARTICLE 4 UNION BUSINESS 8 ARTICLE 5 BULLETIN BOARDS 10 ARTICLE 6 DISCRIMINATION 11 ARTICLE 7 SOLICITATION OF OR BY EMPLOYEES 12 ARTICLE 8 CITY'S MANAGEMENT RIGHTS 14 ARTICLE 9 HOURS OF WORK AND OVERTIME 19 ARTICLE 10 WORKING OUT OF CLASSIFICATION 23 ARTICLE 11 WAGES 24 ARTICLE 12 HEALTH INSURANCE 27 ARTICLE 13 PENSION PLAN MATTERS 29 ARTICLE 14 HOLIDAYS 30 ARTICLE 15 VACATION 33 ARTICLE 16 SICK LEAVE 36 ARTICLE 17 LEAVES OF ABSENCE WITH PAY 40 ARTICLE 18 LEAVES OF ABSENCE WITHOUT PAY 42 ARTICLE 19 BEREAVEMENT LEAVE 44 ARTICLE 20 MISCELLANEOUS CONSIDERATIONS 46 2010- 2013 ~LRAY BEACW SEI U ARTICLE 21 COMPLIANCE WITH NON-DISCRIMINATION POLICIES 48 ARTICLE 22 NEPOTISM 49 ARTICLE 23 SAFETY AND HEALTH 51 ARTICLE 24 PROBATIONARY PERIOD - NEW & PROMOTED EMPLOYEES 53 ARTICLE 25 SENIORITY AND LAYOFF 55 ARTICLE 26 PROMOTIONAL PROCEDURE 57 ARTICLE 27 PHYSICAL FITNESS 58 ARTICLE 28 OUTSIDE EMPLOYMENT 60 ARTICLE 29 RESIGNATION 62 ARTICLE 30 NO STRIKE 63 ARTICLE 31 DISCIPLINE 66 ARTICLE 32 GRIEVANCE PROCEDURES 72 ARTICLE 33 COMPREHENSIVE DRUG AND ALCOHOL ABUSE POLICY AND PROCEDURES 80 ARTICLE 34 DAMAGE TO CITY PROPERTY 98 ARTICLE 35 ABSENCE WITHOUT LEAVE 99 ARTICLE 36 AMENDMENTS 100 ARTICLE 37 SEVERABILITY AND WAIVER 101 ARTICLE 38 EMERGENCY PAY POLICY 102 ARTICLE 39 SICK AND VACATION PAY-OUT ACCRUALS 104 ARTICLE 40 CONTRACT CONSTITUTES ENTIRE AGREEMENT OF THE PARTIES 105 ARTICLE 41 DURATION, MODIFICATION, AND TERMINATION 106 ARTICLE 42 EXECUTION OF AGREEMENT 107 APPENDIX A CITY OF DELRAY BEACH SEIU JOB TITLES 109 2010- 2013 ~LRAY BEACW SEI U This Agreement is entered into by the Employer, the City of Delray Beach, Florida, a Florida municipal corporation, hereafter referred to as "City," and the Service Employees International Union/Florida Public Services Union, CTW, CLC, hereinafter referred to as the "Union," for the purpose of promoting harmonious relations between the City and the Bargaining Unit represented by the Union, hereafter referred to as "members" or "employees," to establish an orderly and peaceful procedure for settling differences which might arise and to set forth the basis and full agreement between the parties concerning rates of pay, wages, hours of work, and other conditions of employment. The terms, provisions, and conditions of this Agreement shall have no retroactive effect, but shall only commence upon the effective date of this Agreement unless a specific article or provision of this Agreement provides otherwise. 2010- 2013 ~LRAY BEACW SEI U 1 ARTICLE 1 RECOGNITION Section 1 The City of Delray Beach recognizes that the Service Employees International Union/Florida Public Services Union, CTW, CLC, hereinafter referred to as the "Union", as the Certified Bargaining Agent of the employees in the Bargaining Unit for the purpose of representing the members of the Bargaining Unit as set forth herein for all matters relating to wages, hours and terms and conditions of employment, as provided for by order of the City of Delray Beach Public Employee Relations Commission in its Order dated July 15, 1985, directed to the City Manager of the City of Delray Beach and the Union. The Bargaining Unit represented by the Union is comprised of full-time and regular part-time employees in those classifications specified in the July 15, 1985 certification order of the City of Delray Beach Public Employee Relations Commission, as amended. The City will notify the Union in writing of all changes in job classifications in the Bargaining Unit. 2010- 2013 ~LRAY BEACW SEI U 2 Specifically Excluded from this Agreement: All other City employees not specifically included in the Bargaining Unit as certified by the City of Delray Beach Public Employee Relations Commission, including confidential employees, managerial employees, professional employees, and supervisory employees who possess a conflict of interest; temporary, casual, seasonal employees, and employees of any other Bargaining Unit. 2010- 2013 ~LRAY BEACW SEI U 3 ARTICLE 2 DUES CHECK OFF Employees of the Bargaining Unit or their representatives may make arrangements with the City for a payroll deduction of Union dues and uniform assessments. Upon receiving a proper request from the employee, the City will deduct such dues and uniform assessments from the subject employee's compensation and remit the amount deducted to the Union. The Union agrees to indemnify, defend, and hold the City harmless from and against all claims, costs, demands, expenses, judgments or other liabilities on account of dues or uniform assessments erroneously collected by the City and/or remitted to the Union. The Union further agrees to refund to the City any amounts paid to the Union in error upon presentation of proper evidence thereof. 2010- 2013 ~LRAY BEACW SEI U 4 NOTICE TO EMPLOYER AND UNION AUTHORIZATION FOR DEDUCTION/DISCONTINUATION OF UNION DUES I hereby authorize my Employer to deduct from my salary each pay period my Union dues, as certified to the Employer by the Union, and to transmit this amount to the Treasurer of the Union. I understand that this authorization is voluntary and I may revoke it at any time by giving my Employer and the Union thirty (30) days advance notice in writing. Date Job Title Deduction start date Deduction stop date Signature Name Printed Employee No. Dept. Div./Activity/Payroll No. Bargaining Unit Annual amount of dues (broken down by pay period) 2010- 2013 ~LRAY BEACW SEI U 5 Article 3 UNION REPRESENTATION Section 1 The City agrees that during the term of this Agreement it will deal only with the authorized representatives of the Union in all matters governed by the provisions of Chapter 35 of the Code of Ordinances of the City of Delray Beach, Florida. The Union agrees to notify the City of the names of such authorized representatives as of the execution of this Agreement and replacement therefore during the term of this Agreement. Section 2 The Union likewise agrees that during the term of this Agreement, the Union and the employees covered hereunder shall deal only with the City Manager or his/her representative(s) in all matters governed by the provisions of Chapter 35 of the Code of Ordinances of the City of Delray Beach, Florida. The Union shall designate, in writing to the Director of Human Resources, five (5) general representatives and one (1) chief representative, in addition to its attorney whose right it shall be to represent the employees in the Bargaining Unit, for the purpose of collective negotiation and the administration of grievances 2010- 2013 ~LRAY BEACW SEI U 6 arising thereunder for the duration of this Agreement. Notice by the City to the chief representative or his/her designee in his/her absence shall be notice to all representatives, c/o the Union business address. An employee shall, upon request, be entitled to have a representative present whenever the employee is questioned concerning misconduct, which may result in disciplinary action. If the employee requests a Union representative, the City agrees to provide at least one (1) working day notice of a scheduled disciplinary hearing (except in cases involving on the job substance abuse issues, a positive drug or alcohol test or any case that the City determines to investigate immediately) in which case the disciplinary meeting shall be held within twenty-four (24) hours. The employees shall retain the option of proceeding individually or being represented by a person of their own choosing, in which case the Union may not interfere with this right in any manner; provided, however, that only the Union may request arbitration of a grievance pursuant to Article 32 of this Agreement. 2010- 2013 ~LRAY BEACW SEI U ~ ARTICLE 4 UNION BUSINESS Section 1 The Union, as representative of the employees in the bargaining unit covered by this Agreement, shall have the right to present its views to management on matters of concern either orally or in writing. Section 2 Officials for the Union, as designated in Article 3 Section 3, may, with proper authorization, which will not be unreasonably withheld, be admitted on City property, in areas reasonably designated by the City. Officials for the Union shall be able to talk with employees before or after regular working hours or during lunch of said employees on the City's property in designated areas that are reasonable by the Employer. Section 3 Stewards shall be allowed reasonable time-off without loss of pay during their regular shift hours for investigating grievances and/or contract negotiations; however, each will first obtain oral permission from his/her immediate supervisor or in his/her absence, the next level of supervision. Permission will not be unreasonably withheld by the supervisor. 2010- 2013 ~LRAY BEACW SEI U 8 Union Time Pool: A SEIU Bargaining Unit Time Pool shall be established. All such time pooling shall be purely voluntary on the employee's part and shall be solely for the employee's benefit and not for the City; therefore, no overtime shall be paid as a result of such time pooling. The City agrees that the employees can donate not less than one (1) hour of annual leave, but not more than five (5) hours to the Union Time Pool. Only authorized chief steward or union stewards may withdraw time from the Time Pool to remain in a paid status while on approved leave in order to attend union conferences, training sessions, or other related union business. All requests for the use of the Bargaining Unit Time Pool shall be submitted by the union's chief representative or his/her designate to the Department Head or his authorized designate at least five (5) calendar days in advance of the requested time off. However, this shall not preclude management from granting leave with less than five (5) days notice. 2010- 2013 ~LRAY BEACW SEI U 9 ARTICLE 5 BULLETIN BOARDS The City shall provide the Union space on six (6) serviceable, bulletin boards in the City of 2' x 2', at locations to be approved in advance by the City Manager or his/her designee for use by the Union in posting notices of Union business and activities. All materials posted must be signed by chief steward, union steward or an officer of the Union, who shall be held responsible for the content of such materials. A copy of all such materials shall be provided to the Department Head or his/her designee in advance of such posting. The bulletins, notices or materials posted shall contain nothing of a political nature (excluding political material relating to Union elections) and nothing of a derogatory nature toward the City, its elected officials, its officers or employees, as determined by the City. 2010- 2013 ~LRAY BEACW SEI U 10 ARTICLE 6 DISCRIMINATION All Bargaining Unit employees shall have the right to form, join and participate in, or to refrain from forming, joining or participating in any employee organization of their own choosing, including the Union. Neither the City nor the Union shall interfere with, restrain or coerce the public employees in the exercise of any rights guaranteed them under Florida Statute 447 and Chapter 35 Subsections 35.030 - 35.055 of the Delray Beach Code of Ordinances or the provisions of this Agreement. 2010- 2013 ~LRAY BEACW SEI U 11 ARTICLE 7 SOLICITATION OF OR BY EMPLOYEES Section 1 Unless specifically authorized by the City Manager, all solicitations among City employees during working hours for commercial, charitable or Union purposes and selling of tickets, magazines and other merchandise, is prohibited. Section 2 Employee organizations, their members, agents or representatives, or any persons acting on their behalf are hereby prohibited from and shall not be required to: A. Solicit public employees during working hours of any employee who is involved in the solicitation. B. Distribute literature during working hours in areas where the actual work of public employees is performed, such as offices, warehouses, schools, police stations, fire stations, and any similar public installations. This section shall not be construed to prohibit the distribution of literature during the employee's lunch hour or in such areas not specifically devoted to the performance of the employee's official duties. 2010- 2013 ~LRAY BEACW SEI U 12 C. Solicit for commercial, charitable, or Union purposes and sell tickets, magazines or other merchandise while in City uniform or attire, or while using City vehicles or equipment. 2010- 2013 ~LRAY BEACW SEI U 13 ARTICLE 8 CITY'S MANAGEMENT RIGHTS Section 1 The City of Delray Beach shall have the right, subject only to express restrictions in this Agreement, to exercise its own discretion unilaterally on all of the following matters, whatever may be the effect on employment, when in its sole discretion it may determine it advisable to do any or all of the following: A. To manage and administer the affairs of the City generally. B. To decide the purpose of each of its constituent agencies. C. To set standards of service to be offered to the public. D. To exercise control and discretion over its organization and operation. E. To direct its employees. F. To take disciplinary action and discharge employees for just cause as to both non- probationary and probationary promoted employees, and to take disciplinary action and discharge with or without cause as to new probationary employees. 2010- 2013 ~LRAY BEACW SEI U 14 G. To relieve its employees from duty because of lack of work and other legitimate reasons, to remove a promoted probationary employee from the position to which he/she was promoted with or without cause. In the event a promoted probationary employee is removed without cause he/she shall be returned to the position from which he/she was promoted (and this shall not be construed as a limitation upon or a waiver of the City's right to discharge or discipline such a promoted probationary employee for proper cause pursuant to subsection F, above), and to likewise remove other promoted probationary employees which may be necessary because of the return of this employee to his/her former position. To relieve other probationary employees from duty for any reason, with or without cause. H. To determine and redetermine work schedules. I. To maintain order and efficiency in its operations. J. To determine and redetermine starting and quitting times, in which case the City shall provide to the affected employees four (4) weeks notice in advance of any changes in such starting and 2010- 2013 ~LRAY BEACW SEI U 15 quitting times, except that no such advance notice shall be required in cases of emergency as determined by the City. K. To determine and redetermine the number of hours to be worked, in which case the City shall provide to the affected employees four (4) weeks notice in advance of any changes in such number of hours to be worked, except that no such advance notice shall be required in cases of emergency as determined by the City, as long as there is no violation of Article 9 Section 2. L. To require employees to submit to a medical examination by a physician designated by the City. M. To promulgate rules and regulations for its employees not in conflict with the provisions of this Agreement. N. To set the standards and procedures for application, testing, selection procedures and appointment to all positions in the City. 0. Under reasonable circumstances, to dismiss or otherwise relieve from duty employees who have contracted or developed some mental or physical ailment or defect which incapacitates him/her for duty in the City service. 2010- 2013 ~LRAY BEACW SEI U 16 P. To determine employees' skills, knowledge and abilities to perform their duties through job- related testing and other reasonable evaluation methods. Q. To hire, assign, direct, layoff or recall employees. R. To determine the size and composition of its work force. S. To determine the number and types of equipment, materials, products and supplies to be used. T. To institute and establish new training methods. U. To determine the types of work to be performed by employees. V. To open new facilities and transfer its operations or any part thereof to such new facilities, and to transfer or assign employees to new facilities. W. To discontinue conduct of its mission or operations in whole or in part. In addition to the Management Rights enumerated in Section 1 the City of Delray Beach shall have all other rights and prerogatives which in the past it has lawfully exercised or could have lawfully exercised unilaterally subject only to express 2010- 2013 ~LRAY BEACW SEI U 17 restrictions Agreement. on such rights, if any, as are provided in this 2010- 2013 ~LRAY BEACW SEI U 18 ARTICLE 9 HOURS OF WORK AND OVERTIME The normal working hours per one-week work cycle for regular full-time employees shall be forty (40) hours, which shall exclude meal periods. The hours of work scheduled per day shall be as required and set by the Department Head and approved by the City Manager. Section 2 It is recognized and understood that deviations from the foregoing normal schedules of work will be necessary and will unavoidably result from several causes, such as but not limited to: rotation of shifts, vacation, leaves of absence, weekend and holiday duty, absenteeism, employee requests, temporary shortage of personnel and emergencies. No such deviation shall be considered a violation of this Contract. However, the City shall not adjust an employee's work shift to avoid the payment of overtime. For all employees the scheduled workday shall be broken down into fifteen (15) minute segments. An employee shall be noted as late for work if he/she does not report ready for work at his/her workstation at his/her starting time. If an employee 2010- 2013 ~LRAY BEACW SEI U 19 reports for work late, eight (8) minutes or more after the scheduled time, he/she shall be docked in major segments of one- quarter (1/4) of an hour. The City agrees to pay overtime at the rate of time-and-a- half based on a (7) day (forty-hour) work cycle. In the computation of such overtime compensation, employees shall not receive credited hours for vacation days, holidays, or any other leave time, which may occur within the pay cycle/work cycle. Credit towards overtime shall not be accrued until an employee has worked eight (8) or more minutes beyond the forty (40) hours per 7-day work cycle. Once that eight (8) or more minutes has been worked, he/she shall accrue overtime credit for that fifteen (15) minute segment and subsequently for any additional fifteen (15) minute segments, computed in a like manner. Employees may request compensatory time in lieu of overtime pay. An employee shall accrue compensatory time at a rate of one and one-half times his regularly hourly rate of pay. Employees may only accrue unused compensatory time up to a maximum of 40 hours. If an employee accrues the maximum permissible compensatory time, the employee shall be paid for all overtime hours in excess of the 2010- 2013 ~LRAY BEACW SEI U 20 maximum at the rate of one and one-half times the employee's current straight time rate of pay. Compensatory time shall be taken upon written request approved by the employee's Department Head. Payment for accrued compensatory time upon termination of employment shall be calculated at the straight time rate of pay on the date of payment. Section 7 If an employee on "standby" status (thus receiving "call- out" pay) is called-out to work outside his/her normal working hours, he/she shall receive a minimum of two (2) hours' credit, payable at his/her overtime rate, if applicable. However, if an employee on "standby" is already working in overtime status, the employee will receive only overtime pay or hours actually worked, in-lieu of the minimum two (2) hours credit, but not both. The City agrees to make records of overtime available to appropriate Union officials. 2010- 2013 ~LRAY BEACW SEI U 21 Section 9 The City will continue to use the existing program for the assignment of overtime based upon a seniority rotation system by position classification and specialty. Section 10 The current practice of work breaks shall be continued for the duration of the agreement. 2010- 2013 ~LRAY BEACW SEI U 22 ARTICLE 10 WORKING OUT OF CLASSIFICATION An employee who is temporarily and continuously assigned in writing to perform the duties of a higher classification for more than five (5) working days, will be compensated for the time spent in the higher classification from the 1St day in the higher classification once the employee works five (5) consecutive working days in the higher classification at a rate which is five percent (50) above his/her regular base salary. Employees who work less then five (5) consecutive working days in a higher classification shall not receive five percent (50) above his/her base salary. Notwithstanding the above an employee shall not be precluded from receiving the 5o increase if management requires the employee to temporarily and continuously perform for 5 working days or more duties of a higher classification, but fails to make the assignment in writing. Assignments shall not be unreasonably applied to in order to avoid payment. 2010- 2013 ~LRAY BEACW SEI U 23 ARTICLE 11 WAGES It is agreed between the parties that the salary schedule for employees in this bargaining unit will be: Grade Minimum Maximum B01 22,424 33,197 B02 23,538 34,861 B03 24,772 36,525 B04 26,004 38,376 B05 27,296 40,290 B06 28,588 42,328 B07 30,087 44,450 B08 31, 581 46, 634 B09 33,166 49,067 B10 34,839 51,501 B11 36,571 54,080 B12 38,401 56,784 B13 39,147 57,866 All union job titles are referenced in Appendix A, with corresponding grade levels. 2010- 2013 ~LRAY BEACW SEI U 24 Section 2 A. Three Year Freeze - For a period of three years, which shall begin on October 1, 2010, there shall be no performance increases or lump sum bonuses. B. Either party may re-open Article 11 in year two, by notifying the other party no later than May 1, 2011. Section 3 The City recognizes the need for and mutual benefit to the City and employee of automobile mechanic certification. The City agrees to pay expenses related to the certification testing but limited to training materials and testing fees as approved by the Department Head and the Human Resources Department. Any Fleet mechanic having received three (3) Automotive Service Council certifications during the term of this contract shall receive a bonus of five percent (50) of gross pay per pay period. Upon the receipt of a total of six (6) Automotive Service Council certifications a mechanic shall receive a total bonus of ten percent (100) of gross pay per pay period. Such bonuses shall be reflected in the first paycheck received by a Fleet mechanic after receipt of proof of certifications by the City. Any Fleet mechanic having received a total of ten (10) Automotive Service Council certifications shall receive a bonus of fifteen percent (150) of gross pay per pay period. Such bonus shall be reflected 2010- 2013 ~LRAY BEACW SEI U 25 in the first paycheck received by a Fleet mechanic after receipt of proof of the certifications by the City. In order to be eligible for these bonuses the employee (Fleet mechanic) must maintain such certifications current throughout the entire pay period in order to receive the bonus for that pay period. The City reserves the right to reallocate positions where appropriate, during the life of this agreement, in consultation with the Union. n_~i_ _~ c Effect of Promotion on Wage and Performance Evaluation Date A. When an employee is promoted into a higher classification, the employee's wages shall be increased to the minimum of the new classification or to five percent (50) more than the employee earned prior to the promotion, whichever is higher. B. If an employee's wages are increased more than ten percent (100) as a result of a promotion, the employee's performance evaluation date will be changed to the date of the promotion. C. Notwithstanding the language of paragraph (A), above, Plant Operators will receive a five percent (50) increase when they obtain a higher rated state license. 2010- 2013 ~LRAY BEACW SEI U 26 ARTICLE 12 HEALTH INSURANCE Section 1 The City agrees to pay the total medical and hospitalization HMO insurance premium for all regular, full-time employees for the coverage that is in effect for general employees. The City may change such coverage, provided that the change in coverage is in conjunction with a change in coverage for a substantial portion of the general employees of the City, and that after such change, the City will pay the total medical and hospitalization HMO insurance premium for all regular, full-time employees under the new coverage. All regular, full-time employees shall pay the total medical and hospitalization insurance premiums for any dependent coverage which they may elect. The parties agree that state or federally mandated health insurance plans may impact the parties rights and obligations. The parties agree that if there are such mandates during the duration of this contract, the impact thereof shall be subject to bargaining. 2010- 2013 ~LRAY BEACW SEI U 27 The City reserves the right to change the medical and hospitalization insurance carrier, but the level of deductible and insurance benefits provided to bargaining unit employees shall not be reduced during the term of this Agreement. Section 4 The City will maintain an insurance committee to discuss and review the City's insurance program, and to make recommendations to the City Manager regarding the City's insurance program(s). The insurance committee will be composed of one representative from each of the bargaining units in the City, appointed by the union representing that unit, a representative of the non-bargaining unit employees of the City, and management representatives. The City Manager will select the management members of the insurance committee. 2010- 2013 ~LRAY BEACW SEI U 28 ARTICLE 13 PENSION PLAN MATTERS The employees represented by this agreement shall continue to participate in the general employee's Pension Plan as set out in Chapter 35 of the City Code of Ordinances, and as amended from time to time. 2010- 2013 ~LRAY BEACW SEI U 29 ARTICLE 14 The following days shall be holidays for all regular, full- time employees: New Year's Day Martin Luther King's Birthday Presidents' Day Memorial Day Independence Day One Personal Holiday (selected by employee with approval) Labor Day Thanksgiving Day Thanksgiving Friday Christmas Eve Christmas Day Employees shall also receive any other day declared by the City Commission to be a legal holiday. The Personal Holiday will be granted on a date selected by the employee, and can be used for any other holiday other than the ones designated above, provided the employee has six (6) consecutive months of regular full-time service with the City. The date selected must be approved by the Department Head, or the City Manager. Section 2 A. Non-shift personnel - All regular, full-time, non- shift personnel on the above days shall be off duty with pay subject, however, to being called in for work on such days if required by their supervisor, Department Head and/or City Manager. 2010- 2013 ~LRAY BEACW SEI U 30 B. Shift personnel - Shift personnel shall work their normal shift whether on a holiday or not. For non-shift personnel, when legal holidays occur within the vacation period of an employee, the number of such days that are legal holidays shall be added to the normal number of vacation days allowed. Employees who are on leave without pay on the day preceding and the day following a holiday or who are absent without leave on the day preceding or the day following a holiday shall be considered as absent without pay on the holiday and shall not be compensated for the holiday. If an unauthorized absence occurs on an immediate work day preceding or following a designated City holiday, the employee shall provide a note from a physician certifying to the actual illness/injury of the employee in order to be compensated for the holiday and the absence. For non-shift personnel, in the event any of the aforementioned days fall on Saturday, the preceding Friday shall be considered a holiday, and in the event any of the 2010- 2013 ~LRAY BEACW SEI U 31 aforementioned days fall on Sunday, the following Monday shall be considered a holiday. Section 6 For non-shift personnel, in the event that one of the holidays named in Section 1 occurs while an employee is on sick leave, the employee shall receive holiday pay and shall not be charged sick leave pay for that day. If regular full time employees are required to work on an actual holiday itself, because of the needs of the City, they shall be compensated at the overtime rate, if applicable. 2010- 2013 ~LRAY BEACW SEI U 32 ARTICLE 15 Section 1 Regular, full-time Bargaining Unit members shall receive annual vacations, which may be accumulated from year to year, pursuant to the provisions set forth in Section 6, below. Section 2 A. Annual vacation time shall be granted according to the following schedule: Years of continuous service Vacation hours earned Over, But Less than 0 years 3 years 3 years 7 years 7 years 11 years 11 years 8.00 per month 9.33 per month 10.66 per month 12.00 per month B. A member of the Bargaining Unit shall not be eligible to take any vacation time in the first year of continuous service. An employee shall be considered as earning vacation time in the first year of continuous service, however such vacation time shall actually be taken in the second year of continuous service. Employees may utilize vacation time as 2010- 2013 ~LRAY BEACW SEI U 33 earned after the first year of continuous service, plus any accumulation permitted under Section 6. Section 3 Continuous service shall be considered any service in which there has been no interruption by resignation, absence without leave, or by involuntary separation or lay-off in excess of one year. Absence due to military service, injury in the line of duty, or sick leave with pay shall not serve to interrupt continuous service unless the employee was employed by another employer during such period of absence. Absence due to leave without pay shall not be construed as an interruption of continuous service, but vacation benefits shall not be accrued during such leave. When legal holidays occur within the vacation period of an employee, the number of such days that are legal holidays shall be added to the normal number of vacation days allowed. An employee resigning from the service of the City in good standing shall be paid for any vacation credit accumulated prior to resignation, provided: A. He/she has completed one year of continuous service. 2010- 2013 ~LRAY BEACW SEI U 34 B. He/She gives at least two weeks' written notice of his intent to resign and the written notice or copy of same is filed with the City Manager's office at least two weeks prior to the effective date. Vacation time is subject to the following requirements: That each bargaining unit member must actually take time off from work in a year equal to one-half of their actual eligible vacation time for that year, and the member can then accumulate the remaining unused time for that year. The maximum accumulation will not exceed two hundred eighty-eight hours. All vacations, including those periods made mandatory above, including the timing of such vacation and the actual number of days taken, are made expressly subject to the approval of the Department Head and City Manager. Employees reporting in sick on the preceding or the day following a vacation leave shall provide a note from a physician certifying to the actual illness/injury of the employee in order to be compensated for the sick leave. 2010- 2013 ~LRAY BEACW SEI U 35 ARTICLE 16 SICK LEAVE The Union recognizes that sick leave is not a privilege which an employee may use at his discretion and it shall be allowed only for the following: 1. Employee's injury, illness or quarantine due to exposure to contagious disease. 2. Actual illness of a member of an employee's immediate household (wife, husband, child, or parent) where care by the employee is required. 3. Medical, dental, vision appointments. Section 2 All regular, full-time employees may be given sick leave with pay at the rate of one (1) working day for each calendar month of continuous service during which there were no absences without leave, provided: 1. Sick leave credits shall accrue during the first six (6) months of service, but shall not be granted until completion of six (6) months of continuous service. 2. If employment begins on or before the fifteenth day of the month sick leave credit shall be given for the 2010- 2013 ~LRAY BEACW SEI U 36 entire month. If employment begins after the fifteenth day of the month sick leave will not be credited until the first day of the following month. 3. If an employee works less than half the normal workdays during a month for reasons other than paid leave, sick leave shall not be credited for that month. 4. Sick leave credits shall be available for use on the first day of the month following the month in which earned. The maximum sick leave accumulation that may be accrued is one hundred forty (140) days or 1,120 hours. The employee may bank all unused sick leave each year until the one hundred forty (140) days maximum is reached. Section 3 Upon resignation in good standing, employees who provide the City with a two (2) weeks written notice, shall be paid at their then regular hourly rate for the portion of their accrued sick leave as stated below, not to exceed the maximum payment of five hundred sixty (560) hours. When it is determined to be in the best interests of the City, the City Manager may waive the requirement for two weeks notice. 2010- 2013 ~LRAY BEACW SEI U 37 YEARS OF SERVICE 0 - 5 5 - 10 10 - 15 15 - 20 20 or more o OF ACCRUED PAID SICK LEAVE -0- 250 of up to 560 hours 500 of up to 560 hours 750 of up to 560 hours 1000 of up to 560 hours Employees who retire from the City, after twenty (20) or more years of service and are vested under the City of Delray Beach General Employees Retirement Plan or a deferred compensation retirement system, shall receive pay at their then regular hourly rate for their total amount of accrued sick leave not to exceed the maximum allowed accrual of 1,120 hours. Sick leave accrued shall be forfeited if the employee is discharged or is not in good standing at the time of termination. Section 4 Members reporting in sick or unable to report for duty must do so no later than thirty (30) minutes after the starting time for which they are scheduled, except in cases of emergency as determined by the Department Head. Members are to contact their immediate supervisor or the supervisor's designee, otherwise they shall be considered as absent without leave. Messages are not to be left with the front office personnel or with associates. The Department Head or his designee may investigate such absences to 2010- 2013 ~LRAY BEACW SEI U 38 determine their validity. When absence is for three or more working days, the Department Head may require the employee to (and when the absence is for more than five (5) working days, the employee shall) provide a certificate from a physician, certifying to the actual disability of the employee, or may require a letter from the employee explaining the reasons for such absence. Section 5 - Sick Leave Donation The current City policy in the Administrative Policies and Procedures Manual PER-2, Revision 9, dated March 1, 2010, shall be maintained for the duration of this Agreement. Section 6 - Family and Medical Leave Act Policy The current City policy in the Administrative Policies and Procedures Manual, EB-16, Revision 6, dated February 3, 2010 shall be maintained for the duration of this Agreement. In case of death of an employee, payment for unused sick leave pursuant to Section 3 shall be made to the employee's beneficiary, estate, or as otherwise provided by law. 2010- 2013 ~LRAY BEACW SEI U 39 ARTICLE 17 LEAVES OF ABSENCE WITH PAY Employees may be granted leaves of absence with pay upon approval of the Department Head and the City Manager for the following: A. If an employee receives a subpoena as a trial witness or to give a deposition regarding matters which arose in the scope and course of City employment, the employee should notify the City Attorney for further direction. The employee will be granted leave with pay. Any witness fees (and mileage received, if travel was by City vehicle) will be endorsed to the City and deposited into the City General Fund. If an employee is summoned for jury service or receives a subpoena as a trial witness or to give a deposition in a matter which is not job related, the employee will be granted leave with pay. Any fees received will be retained by the employee. B. Official training courses such as conferences, conventions, workshops or similar meetings approved by the City. C. Such other matters, as the City Manager may deem appropriate. 2010- 2013 ~LRAY BEACW SEI U 40 D. Employees, who are members of the organized reserves of any branch of the armed forces of the United States as required by law. Under these provisions, no overtime pay will be considered. Leaves of absence with pay will not be considered as hours actually worked in the computation of time-and-a-half payment of overtime at the end of the work cycle during which they occurred unless such leaves are directly concerned with City business and the employee was directed by the Department Head to use such leave in order to conduct City business. Provided, however, that in the case of any leave of absence with pay which may be granted to attend training sessions which are required by the City, such time shall be considered as hours worked for purposes of calculations under the provisions, where applicable, of the Fair Labor Standards Act. 2010- 2013 ~LRAY BEACW SEI U 41 ARTICLE 18 LEAVES OF ABSENCE WITHOUT PAY Section 1 Leave without pay, not to exceed one year, may be granted by the City Manager to any employee who has entered upon a course of training or study for the purposes of improving the quality of his service to the City or fitting himself for promotion. Upon written request of an employee, the City Manager may grant a leave of absence without pay for personal or medical reasons, when it will not result in undue prejudice to the interests of the City, as determined solely by the City Manager. Any month in which an employee, while on leave of absence without pay, works less than half of the normal work days will not be considered for the purpose of computing sick leave, vacation, or other fringe benefits based on continuous service. Employees who are on leave of absence without pay on the day preceding and the day following a holiday shall not be compensated for the holiday. 2010- 2013 ~LRAY BEACW SEI U 42 Section 4 While on leave of absence without pay (except under the Family and Medical Leave Act), the monthly insurance premium for the employee's medical/life insurance must be paid by the employee after any month in which he does not work at least half of the normal work days, on the first day of the following month. Leave without pay for military service (military leave) will be granted in accordance with applicable statutes and City Policies. 2010- 2013 ~LRAY BEACW SEI U 43 ARTICLE 19 BEREAVEMENT LEAVE The City agrees that when a death occurs in the family of a regular, full-time employee (family being herein defined as follows: father, mother, brother, sister, spouse, domestic partner, child, father-in-law, mother-in-law, son-in-law, and/or daughter-in-law, brother-in-law, sister-in-law, grandparents or foster parents, foster child, grandchild, stepmother, stepfather or stepchild; no other persons shall be contained within the definition of family except as specifically set forth herein) of an employee, the employee may be allowed three (3) working days bereavement leave with pay for in state (Florida) deaths and five (5) working days bereavement leave with pay for out of state deaths. The City agrees that the above-stated bereavement leave will not be charged against sick leave, vacation, or holiday time. Additional time for bereavement leave may be requested by the employee, and if granted, by Department Head and City Manager, shall be charged to one of the foregoing categories. 2010- 2013 ~LRAY BEACW SEI U 44 Section 3 The employee may be required by the Department Head to furnish evidence of the facts justifying the use of bereavement leave. 2010- 2013 ~LRAY BEACW SEI U 45 ARTICLE 20 MISCELLANEOUS CONSIDERATIONS Workers' Compensation benefits will continue to be provided in accordance with applicable laws and City policies. Section 2 Employees who are off duty shall have the right, during regular business hours of the City, to examine their own personnel files. Section 3 On a yearly basis, the City will furnish to the union, upon written request, an updated City seniority list. Nothing in this Agreement shall be deemed to limit the rights of any employee to consult on any matter not grievable with any supervisory or managerial official via the appropriate chain of command provided such consultations shall in no way interrupt, delay or otherwise interfere with effective, proper and superior service to the City and the community. In this regard, the employee may be represented by a person of his choice 2010- 2013 ~LRAY BEACW SEI U 46 provided, however, if such person is a union representative, such representation shall be in accordance with the provisions of Article 2 hereof. The City hereby agrees to pay the costs of City maintenance service for uniforms for Union employees, when such uniforms are deemed appropriate by the City and are approved and supplied by the City, all in accordance with current City practices. 2010- 2013 ~LRAY BEACW SEI U 47 ARTICLE 21 COMPLIANCE WITH NON-DISCRIMINATION POLICIES The Union does hereby recognize and acknowledge that the City, in accordance with the 1983 amendments to the Federal Revenue Sharing Program, is not permitted to nor does it discriminate on the basis of handicapped status in the admission or access to, or treatment or employment in, its programs or activities. Furthermore, the City of Delray Beach during the course of this contract may take whatever steps are necessary in order to comply with the non-discrimination requirements contained in Section 51.55 of the Federal Revenue Sharing Regulations and make the same applicable to or have an effect upon members of the Bargaining Unit. 2010- 2013 ~LRAY BEACW SEI U 48 ARTICLE 22 No individual shall hereafter be hired or placed as a regular full-time City employee or as a temporary part-time City employee in the same Department or division of a Department with another person who is a relative of that individual without the express prior approval of the City Manager. No City official or employee in a managerial or supervisory capacity may be appointed, employed, promoted, or advanced in or to a position in any other department where that person would exercise regulation or control over any individual who is a relative of the City official or employee. A person who is a relative of a City official or employee may not be appointed, employed, promoted or advanced in or to a position in any Department if the related City official or employee is, or would be, the person's supervisor or who would exercise any dominion or control over or otherwise regulate the duties and responsibilities of the person, or if the person would supervise or exercise any dominion or control over or otherwise regulate the duties and responsibilities of the related City official or employee. "Relative", as used herein, means a person who is related by blood, marriage or adoption as father, mother, son, daughter, 2010- 2013 ~LRAY BEACW SEI U 49 brother, sister, grandparent, uncle, aunt, first cousin, nephew, niece, husband, wife, father-in-law, mother-in-law, brother-in- law, sister-in-law, stepfather, stepmother, stepson, stepdaughter, stepbrother, stepsister, half brother, or half sister. 2010- 2013 ~LRAY BEACW SEI U 50 ARTICLE 23 SAFETY AND HEALTH Section 1 The City will endeavor to provide and maintain safe working conditions. The City will provide such safety apparel and equipment, as it deems appropriate for the performance of an employee's assigned duties. The City will provide and replace safety shoes as necessary. Section 3 The City shall make available immunization shots for tetanus, hepatits and diptheria for members of the bargaining unit as requested on a case by case basis and as determined by the City and at no cost to the employees. Employees are required to bring potentially hazardous working conditions to the attention of their immediate supervisors as soon as they become aware of the conditions. 2010- 2013 ~LRAY BEACW SEI U 51 Section 5 The City encourages employees and the Union to make recommendations regarding improvements in workplace safety to appropriate City officials. 2010- 2013 ~LRAY BEACW SEI U 52 ARTICLE 24 PROBATIONARY PERIOD -- NEW EMPLOYEES The probationary period for all new employees covered by this Agreement shall be one (1) year. The Department Head, at his/her sole discretion may extend the probationary period for a period not to exceed 60-calendar days, provided prior notice and reasons therefore are provided to the Union. New probationary employees shall have no right to utilize the Grievance/Arbitration procedure contained in this Agreement or any other internal City policy or procedure for any matter concerning discharge, suspension or other discipline. PROBATIONARY PERIOD -- PROMOTED EMPLOYEES There shall be a probationary period of one year for each employee in the Bargaining Unit who is promoted (with a pay increase consistent with the pattern of pay increases applicable to general employees who are in a probationary promoted status) to a higher classification within the Bargaining Unit. This probationary period shall commence from the employee's initial regular assignment to the higher classification. During the one year probationary period, the City Manager or his/her designee shall have the right to remove the probationary employee from the position to which he/she was promoted with or without cause. Any 2010- 2013 ~LRAY BEACW SEI U 53 probationary employee so removed shall have no right to appeal said action under the provisions of this Agreement, or any other policy or procedure, unless the removal is stated, by the City, to be for disciplinary reasons. A probationary promoted employee who is removed from the position to which he/she was promoted, shall return to the position from which he/she was promoted (however, this shall not be construed as a limitation on or a waiver of the City' s right to dismiss or discipline such a probationary promoted employee for proper cause). Other probationary promoted employees may also be removed and returned to their former positions if made necessary because of the return of such a probationary promoted employee to his former position. In this event, none of the employees moved back to their former positions will have a right to appeal said action under the provisions and restrictions of this Agreement. 2010- 2013 ~LRAY BEACW SEI U 54 ARTICLE 25 SENIORITY AND LAYOFF The City agrees that City seniority shall consist of continuous accumulation of paid service with the City. It shall be computed from the date of employment with the City. Seniority shall accumulate during all paid leaves of absence and during all unpaid approved leaves of absence of thirty (30) days or less and during approved leaves of absence of less than one (1) year when such leaves are due to job related illness or injury. Classification seniority shall mean the length of time the employee has spent in his/her current classification. Section 2 - Layoff (a) There will be no layoffs or furloughs during fiscal year 2010-11. (b) In the event of layoff for any reason, the employees shall be laid off in the inverse order of City seniority in their classification only. If two employees share the same seniority date, the employees shall be laid off according to his/her most recent employee performance evaluation rating. The employee with the lowest rating will be laid off. Employees who are affected by a layoff shall, with approval of the Department Head and City Manager, have the opportunity to bump within the Department if 2010- 2013 ~LRAY BEACW SEI U 55 same are qualified for the proposed position. Employees shall be recalled from layoff in the inverse order of layoff (last out, first back) if said employees to be recalled are physically qualified to perform the work available at the time of recall. The City further agrees that no new employees in a particular classification will be hired for one (1) year or until all employees in that particular classification on layoff have been given the opportunity to return to work, whichever comes first, in accordance with the provisions of this Article. "Recall" from layoff shall mean notifying a laid off employee to return to work by registered mail (return receipt requested) to the last address listed with the Department as his/her home address or by giving a laid off employee personal notice to return to work. It is incumbent upon the employee to inform the City of his/her current mailing address. If the affected employee has not responded to recall within ten (10) work days of the return receipt date on the recall notice or if the recall notice is returned by the Post Office to the City due to inability to locate the addressee, or the affected employee has not responded to personal notice recall within ten (10) work days, then that employee shall be considered to have refused recall and shall have no further recall rights. 2010- 2013 ~LRAY BEACW SEI U 56 ARTICLE 26 PROMOTIONAL PROCEDURE The City will announce promotional examinations in advance. Whenever a vacancy in the Bargaining Unit is to be filled, job announcements for that vacancy will be advertised internally and, as the City deems appropriate, externally. All job announcements shall be posted on bulletin boards in the City for at least five (5) working days. Applicants from the City desiring to fill such a vacancy shall apply in writing by filling out a City job application. All promotional vacancies shall be filled in accordance with criteria established by the City's Human Resources Department. Applicants from within the City making application that meet all the criteria will be given an interview; those who do not meet all the criteria will be so informed. Seniority shall be one of the considerations in offering the position. The employees or the Union may offer suggestions to the City as to changes in the criteria to be used for filling promotional vacancies. 2010- 2013 ~LRAY BEACW SEI U 57 ARTICLE 27 PHYSICAL FITNESS Both parties acknowledge that during the contract period, the City shall be investigating the implementation of a permanent physical fitness program for Bargaining Unit employees. Should the City elect to implement such a program, the Union shall have the opportunity, upon notice in advance, to bargain the content of and the standards for such physical fitness program. However, once agreed upon by the parties, or determined through the impasse procedure, all employees of the Bargaining Unit shall be required to participate in the program unless determined medically unable to do so by the City's physician. Employees who refuse or fail to participate in this physical fitness program (unless determined medically unable to do so by the City physician), shall be subject to disciplinary action; however, employees who fail to meet the standard of the program shall not be subject to disciplinary action, although the results of their participation shall be kept by the City for statistical purposes. The Union agrees that during the contract period the City may initiate annual physicals including drug and alcohol screening for all employees of the Bargaining Unit, the details of which shall be negotiated prior to implementation. Such annual physicals shall occur within the calendar quarter in which 2010- 2013 ~LRAY BEACW SEI U 58 the employee's anniversary date occurs. All costs for any such annual physicals shall be borne by the City. 2010- 2013 ~LRAY BEACW SEI U 59 ARTICLE 28 OUTSIDE EMPLOYMENT No member of the Bargaining Unit may hold outside employment unless the employee's written request for approval of such employment is recommended for approval by the Department Head and reviewed by Human Resources. The granting of such approval is expressly contingent upon the following: A. Assurance that the employee's City position is of primary importance; B. Consideration of the effect the outside employment may have upon the efficiency of the requesting employee; and C. Determination as to the compatibility of the outside employment with City employment. Application forms for outside endeavors shall be provided to the employee by the City annually and approval of such shall be for a maximum period of twelve (12) months, renewable annually on January first of each year. Outside employment shall be deemed to include ownership or part ownership of a business (but not including ownership of less than a controlling interest of 2010- 2013 ~LRAY BEACW SEI U 60 stock of a publicly held corporation), as well as independent contracts by employees to provide labor, services or materials. No member of the Bargaining Unit may work at any previously approved outside employment, nor at any future outside employment, while said member is on injury leave or restricted duty for a workers' compensation injury, unless additional express approval for such outside employment is obtained by the member from the Department Head and the Human Resources Director, who shall take into consideration the recommendation(s) from the employee's physician and/or from the City's physician. 2010- 2013 ~LRAY BEACW SEI U 61 ARTICLE 29 RESIGNATION Any employee who wishes to resign in good standing shall give the Department Head a written notice of his or her intention at least two (2) weeks prior to the date said resignation is to become effective, or shorter notice, with the approval of the Department Head. Notice of resignation shall be immediately forwarded to Human Resources together with said employee's termination forms. If any employee resigns without giving the required notice, this fact shall be entered into the employee's personnel records, and the failure to give such required notice of resignation may be considered sufficient reason for rejection of any future application of said employee to reenter City service. However, a "good standing" notation into the personnel records of an employee may be made if it is determined by the City that there were extenuating circumstances to the employee's failure to give the required two (2) weeks' notice. 2010- 2013 ~LRAY BEACW SEI U 62 ARTICLE 30 A "strike" shall be defined as the concerted failure to report for duty, a concerted absence of members of the Bargaining Unit from their positions, a concerted stoppage of work, a concerted submission of resignations, a concerted abstinence in whole or in part by members of the Bargaining Unit from the full and faithful performance of their duties of employment with the City of Delray Beach, or participating in a deliberate or concerted course of conduct which adversely affects the services of the City of Delray Beach, the concerted failure to report for work after the expiration of a collective bargaining agreement, and picketing in furtherance of a work stoppage. The term "strike" shall also mean any overt preparation, including, but not limited to, the establishment of strike funds with regard to the above-listed activities. No member of the Bargaining Unit may participate in a strike. Any violation of this provision shall subject the member of the Bargaining Unit or the Union or both to the penalties under Chapter 447 of the Florida Statutes and Chapter 30 of the City of Delray Beach Code of Ordinances. 2010- 2013 ~LRAY BEACW SEI U 63 That in the event of a breach of the provisions of this Article, the City of Delray Beach shall be entitled to suspend or terminate the provisions of this contract and recover from the Union and any employee in the Bargaining Unit participating in the strike, jointly and severally, full compensatory damages, punitive damages, costs and attorney's fees incurred in any and all proceedings involving said strike. The City of Delray Beach shall have the right to unilaterally terminate the employment of any employee engaging in the strike. The only issue which shall be grievable with reference to the termination is whether or not the employee was in fact engaged in a strike. Section 5 In the event of a strike, the City shall transmit written notification to the chief agent or his designee, of the Union, and the Union shall take direct and immediate action to the fullest extent of its power and influence to bring about a cessation of such activity. Among other actions the Union will notify the employees of the Bargaining Unit and inform them that a strike is illegal under Florida Law, of the sanctions which may 2010- 2013 ~LRAY BEACW SEI U 64 be imposed against the Union and participating employees for a strike, and further instruct striking employees to immediately return to work. The Union agrees that the notification will be in writing and will be made in good faith effort to get the employees to return to work. Conduct by the Union in accord with the provisions of this section shall exonerate it from all penalties, financial or otherwise which may be imposed under this Agreement, but this notwithstanding, the City does not waive any rights it may have to declare this Contract to be null and void upon the occurrence of a strike. Any action taken by the City under the provisions of this Article must be factually based. 2010- 2013 ~LRAY BEACW SEI U 65 ARTICLE 31 DISCIPLINE The City Manager may at any time dismiss or otherwise discipline any employee for proper cause which he considers will promote the efficiency of the City's service. Further, the City Manager or his designee, may, at any time, discipline or dismiss any probationary new employee with or without cause. Section 2 The following may be considered grounds for dismissal, or other lesser discipline, including but not limited to demotion, suspension, or reprimand based on the City Manager's determination of the gravity of the offense; however, dismissal or other discipline may be imposed for causes other than those enumerated. An employee may be disciplined or dismissed if he/she: A. Has been found guilty in a court of competent jurisdiction of a felony and/or of a misdemeanor involving moral turpitude or which is related to his/her City job function. B. Fails to notify his/her department head in writing within two (2) working days of an arrest for a 2010- 2013 ~LRAY BEACW SEI U 66 felony, misdemeanor or a DUI while in on-duty or off- duty status. C. Fails to notify his/her department head of the revocation or suspension of a driver's license when employment involves driving. Notification must be before the beginning of the next shift or assignment. The City agrees to keep the matters covered in Sections B and C confidential. D. Has violated any of the provisions of the City ordinances related to personnel matters, or policies, or this Agreement, or has attempted to, or does commit an act or acts intended to nullify any of the provisions thereof. E. Has violated any lawful or reasonable order, or failed to obey any reasonable or lawful direction by a superior. F. Has reported for duty, or is actually on duty, while under the influence of intoxicating beverages or drugs. G. Has been guilty of acts which amount to insubordination; or has been guilty of disgraceful conduct while on duty, or disgraceful conduct while off duty when it reflects unfavorably on the City or interferes with the operations of the City. 2010- 2013 ~LRAY BEACW SEI U 67 H. Has been wantonly offensive in his conduct or language toward the public or any other City employee or official. I. Has been incompetent, negligent or inefficient to such an extent that his performance falls below the minimum prescribed standard. J. Is careless or negligent of the property of the City of Delray Beach, or steals, or loses because of negligence, or misuses any equipment, materials, property or other things of value belonging to the City. K. Has used, or threatened to use, his position for personal gain or advantage, or attempted to use political influence in securing promotion, leave of absence, transfer, classification change, pay increase or change in character of work. L. Has taken any fee, gift or other valuable thing in the course of his work or in connection therewith for his personal use from any firm, corporation or individual when such fee, gift or other valuable consideration is accepted with the understanding that the donor shall receive favors and service therefore not customarily accorded the general public. 2010- 2013 ~LRAY BEACW SEI U 68 M. Has falsified time records, other official City records or failed to report absences from duty to his superiors in accordance with prescribed procedure. N. Has been absent from duty without proper leave of absence, or otherwise contrary to prescribed procedures; or has failed to report for duty after a leave of absence has expired. 0. Has been excessively absent from work; has been repeatedly absent from work without notifying his immediate supervisor or has repeatedly reported late for work. P. Has abused sick leave or other authorized leave of absence by claiming false reasons for such leave. Q. Is antagonistic in his attitude toward his superiors or fellow employees; continually criticizes orders or rules issued or adopted by his superiors; or conducts himself in such a way that it interferes with the proper coordination of the work effort in his department to the detriment of efficient public service. R. Who, upon the expiration of earned sick leave, fails to report to work or report his/her inability to work if such is the case. 2010- 2013 ~LRAY BEACW SEI U 69 S. Has been convicted of the unlawful possession, use, dispensing or sale of any narcotic, barbiturate, mood ameliorating, tranquilizing or hallucinogenic drug, or conspiracy to do same, while either on or off duty. T. Has made a significant omission on his application for employment or has falsified it in any way. U. Has been found guilty by courts of competent jurisdiction of a felony criminal offense, or has been repeatedly found guilty of misdemeanor criminal offenses. V. Has been found to have utilized anabolic steroids, with or without prescription, solely for the purposes of enhanced muscle training or body building functions. Disciplinary action shall be taken only as provided pursuant to Article 32. The City Manager shall furnish the nonprobationary employee and the promoted probationary employee whom he dismisses from the City service, with a written statement outlining in detail reasons for the removal and the date and time such removal becomes effective. 2010- 2013 ~LRAY BEACW SEI U ~~ Section 3 If criminal charges have been formally instituted against an employee, the City Manager may place said employee on leave of absence with or without pay. During such leave of absence, the City may investigate and take appropriate disciplinary action against the employee. However, if the employee is subsequently found not guilty by a trial court of all the criminal charges which had been instituted against the employee, and if no notice of potential disciplinary action has been given, the employee shall be reinstated and awarded back pay for the period of said leave of absence. Disciplinary documents that are placed in the employee's Human Resources' file shall be presented to the employee. Employees shall have the right to review their personnel file during work hours with division head's approval. Section 5 Any other provisions of this Agreement to the contrary not withstanding, oral or written reprimands may not be grieved beyond Step 4 of Section 2 of Article 32 of this Agreement. The employer shall not assign an employee duties outside of his/her current classification solely for the purpose of discipline. 2010- 2013 ~LRAY BEACW SEI U 71 ARTICLE 32 GRIEVANCE PROCEDURES A. The grievance procedures as described in Sections 2, 3 and 4, below, shall be used for the settlement of disputes between the City and an aggrieved employee or group of employees involving the interpretation or application of this Collective Bargaining Agreement, as well as for the appeal of recommendations of disciplinary matters. In the case of such recommended discipline, the appeal process and the grievance process shall be simultaneously processed. Only non-probationary full- time and regular part-time employees in the Bargaining Unit are entitled to utilize the procedures of this Article. B. Performance evaluations may be grieved if the overall rating is "marginal" or "unsatisfactory" and the employee alleges that the overall rating is arbitrary or capricious. Any such grievance may be taken to Step 4 of this procedure, but not beyond. Other performance evaluations may not be grieved. 2010- 2013 ~LRAY BEACW SEI U 72 Grievances shall be processed in accordance with the following procedures: Step 1 The aggrieved employee, or a Union representative on his or her behalf, shall submit a grievance in writing and it shall be discussed with the aggrieved employee's immediate supervisor y within ten (10) working days of the occurrence (or discovery thereof) which gave rise to the grievance. For the purpose of this Article, working days shall mean Monday through Friday, excluding City Holidays and weekends. A Union grievance representative may be present to represent the employee, if the employee desires him or her present. The supervisor shall attempt to adjust the matter and/or respond to the employee within five (5) working days. Step 2 If the grievance has not been satisfactorily resolved in Step 1, the aggrieved employee and the Union representative, if the employee wishes his or her 1i Pr ovi ded, however , t hat i f t he i rrrriedi at e supervisor i s a bar gai ni ng uni t errpl oyee, t he gr i evance shal I be subrri t t ed and di scussed with the next I evel super vi sor who i s not a rrerrl~er of the bar gai ni ng unit . 2010- 2013 ~LRAY BEACW SEI U 73 assistance, shall present the written grievance to the employee's Division Head or such other supervisory level employee as shall be designated in advance by the Department Head within five (5) working days from the time the supervisor's response was due in Step 1. The Division Head or such other supervisory level employee as shall be designated in advance by the Department Head shall meet with the employee and the Union representative, if the employee wishes him or her present, within three (3) working days. The Division Head or such other supervisory level employee as shall be designated in advance by the Department Head shall respond in writing within five (5) working days from the day of the meeting. Step 3 If the grievance has not been satisfactorily resolved in Step 2, the aggrieved employee and the Union representative, if the employee wishes his or her assistance, shall present the written grievance to the employee's Department Head within five (5) working days from the time the supervisor's response was due in Step 2. The Department Head, or his or her designee shall meet with the employee and the Union representative, if the employee wishes him or her present, within three (3) 2010- 2013 ~LRAY BEACW SEI U 74 working days. The Department Head, or his or her designee, shall respond in writing within five (5) working days from the day of the meeting. Where a grievance is general in nature, in that it applies to a number of employees having the same issue to be decided, it shall be presented directly at Step 3 of this grievance procedure, within the time limits for the submission of a grievance in Step 2, and shall be signed by the aggrieved employees, and/or a Union representative on the employees' behalf. Grievances of a general nature shall be processed within the time limits hereinabove provided unless extended by mutual agreement in writing. Step 4 If the grievance has not been satisfactorily resolved in Step 3, the employee, or the Union if the employee elects Union assistance, may present a written appeal to the City Manager within seven (7) working days from the time the response was due from the Department Head in Step 3. The City Manager, or his or her designee, shall meet with the employee (and the Union representative, if the employee wishes him present), within five (5) working days. The City Manager or his designee shall respond in writing within seven (7) working days from the date of the meeting. 2010- 2013 ~LRAY BEACW SEI U 75 Any grievance not processed in accordance with the time limits provided above shall be considered conclusively abandoned. Any grievance not answered by management in the time limits provided above shall be determined to be denied and may be advanced to the next higher step of the grievance procedure, subject to any restrictions set forth in this Agreement. Step 5 If a grievance, excluding any grievance involving a written or oral reprimand or an employee evaluation, has not been satisfactorily resolved within the grievance procedure, the Union may request arbitration in writing to the office of the City Manager no later than fifteen (15) working days after the City Manager's response is due in Step 4 of the grievance procedure. The parties to this Agreement then will mutually agree, or attempt to, on an independent arbitrator within fifteen (15) working days. The parties may also, by mutual agreement, select a panel of arbitrators to be used during the term of this Agreement. If this cannot be done, an arbitrator will be selected in accordance with the assistance selection procedures of and using the lists of five (5) supplied by the Federal Mediation and Conciliation Service in effect at the time of the 2010- 2013 ~LRAY BEACW SEI U 76 signing of this Agreement; the sole function of that body being to assist in the selection of the arbitrator. A. The arbitration shall be conducted under the procedural rules of the Federal Mediation and Conciliation Service unless in conflict with any provisions set forth in this Agreement or unless otherwise agreed to or provided for by the parties in writing. Subject to the following, the arbitrator shall have the jurisdiction and authority to decide a grievance as defined in this Article and to enforce compliance with the term and conditions of the Agreement. The arbitrator shall not substitute his/her judgment as to the wisdom or the degree of severity of any disciplinary action imposed on any employee by the City. The arbitration inquiry shall be limited to whether the City possessed evidence of misconduct before imposing discipline ultimately imposed. B. However, the arbitrator shall have no authority to change, amend, add to, subtract from or otherwise alter or supplement this Agreement or any part thereof or any amendment thereto. 2010- 2013 ~LRAY BEACW SEI U ~~ C. The arbitrator shall have no authority to consider or rule upon any matter which is stated in this Agreement not to be subject to the arbitration, which is not specifically covered by this Agreement. D. The arbitrator may not issue declaratory or advisory opinions and the arbitrator shall be confined exclusively to the question which is present, which question must be actual and existing. E. Copies of the award of the arbitrator, made in accordance with the jurisdictional authority under this Agreement, shall be furnished to both parties in writing within thirty (30) days of the hearing and shall be final and binding upon both parties. F. It is contemplated that the City and the employee shall mutually agree in writing as to the statement of the matter to be arbitrated prior to a hearing, and if this is done, the arbitrator shall confine his decision to the particular matter thus specified. In the event of the failure of the parties to so agree on a statement of issue to be submitted, both the Union and the City shall submit a written statement of the grievance and the arbitrator shall confine his consideration to the written statement or statements submitted. This clause, however, shall not be 2010- 2013 ~LRAY BEACW SEI U 78 construed to permit either party to present issues through their written statements that would not otherwise be subject to the grievance and arbitration provisions of this Agreement. G. Each party to arbitration shall bear the expense of its own witnesses and its own representatives. The arbitrator's fees and expenses shall be borne equally by the parties. 2010- 2013 ~LRAY BEACW SEI U 79 ARTICLE 33 COMPREHENSIVE DRUG AND ALCOHOL POLICY AND PROCEDURE The City recognizes that City Employees are not immune from the problems which face society in general. The problem of drug and alcohol abuse have become widespread throughout our community and nation. As part of our commitment to safeguard the health of our employees, to provide a safe environment for our employees to work and to promote a drug free community, we have established this policy dealing with the problem of drug and alcohol abuse. This policy is intended to be corrective, rather than punitive, in application. I. Definitions For purposes of this policy, the following definitions apply: A. "Alcohol" means ethyl alcohol (ethanol.) References to use of alcohol include use of a beverage, mixture or preparation containing ethyl alcohol. B. "Alcohol Abuse" means the use or being under the influence of alcohol or alcoholic beverages on the job by City Employees is strictly prohibited. C. "Drugs" are any controlled substance as defined in Section 893.03, Florida Statutes any prescription medication/drug, and over the counter medications/drugs. 2010- 2013 ~LRAY BEACW SEI U 8~ D. "Drug abuse" is the use of any controlled substance which includes the commission of any act prohibited by Chapter 893, Florida Statutes, when not possessed or taken in accordance with a lawful prescription, provided, however, drug abuse shall also include the misuse of prescription and over the counter medication/drugs which have an adverse affect on employee performance. E. "Initial Drug Test" means a sensitive, rapid and reliable procedure to identify negative and presumptive positive specimen, usually during a chemical procedure or a more accurate scientifically accepted method approved by The United States Food and Drug Administration or The Agency for Health Care Administration. F. "Collection Site" means a place where employees present themselves for the purpose of providing a specimen to be analyzed for the presence of drugs. The collection site will be a separate and independent entity from the laboratory and/or the medical review offices. G. "Confirmation Drug Test" means a second analytical procedure run on a sample that was positive on the initial screening test. The second analytical procedure must be used to identify the presence of a specific drug or metabolite in a specimen. The confirmation method must be capable of providing requisite specificity and 2010- 2013 ~LRAY BEACW SEI U 81 quantitative accuracy. The confirmation test for alcohol will be gas chromatography and the confirmation test for all the drugs will be gas chromatography/mass spectrometry. H. "Medical Review Officer" or MRO means a licensed physician, contracted by the City, who is responsible for receiving and reviewing all confirmation results from a laboratory. The MRO is responsible for contacting all positively tested employees to inquire about possible causes for a positive test result. The MRO must have knowledge of substance abuse disorders, and have the appropriate medical training to interpret and evaluate a positive test result with prescriptive or other relevant medical information. The choice of a qualified MRO shall be determined by the City, providing that no conflict of interest exists with current medical/physical practices. The MRO selected by the City shall be a separate and independent entity from the authorized collection site and/or the laboratory. The City shall give thirty days notice for change of MRO selection except in cases of emergency as determined by the City Manager. The MRO shall maintain the qualifications as established in Chapter 59A-24.008 (I) 2010- 2013 ~LRAY BEACW SEI U 82 (a) - (e), Florida Administrative Code and insure testing and analysis compliance in accordance with Chapter 59A- 24.006, Florida Administrative Code (R.1996.) I. "Laboratory" means a facility licensed by the Agency for Health Care Administration in accordance with Chapter 59A-24, Florida Administrative Code (R. 1996) and shall be selected by the City. The laboratory will be a separate and independent entity from the authorized collection site and/or the MRO. The City shall give thirty days notice of a change of laboratory selection except in cases of emergency as determined by the City Manager. J. "Prescription Medication" means a drug or medication obtained pursuant to a prescription as defined by Section 893.02 (19) . K. "MRO Contact" The City Human Resources Director shall be designated as the contact person for receiving communication from the MRO reporting positive and/or negative test results. The Human Resources Director shall comply with employee protection and confidentiality provisions as established in this article, and to the extent provided by law. L. "Reasonable Suspicion Drug Testing" means drug testing based on a belief that an employee is using drugs or 2010- 2013 ~LRAY BEACW SEI U 83 alcohol in violation of the City policy determined from specific and articulable facts and reasonable inferences drawn from those facts. It is an opinion which a reasonable person would form based upon observation and/or testimony from credible sources. Observation includes but is not limited to, sensory facts (what a person saw, heard, smelled, tested or touched). Reasonable suspicion must be based upon the observation of two corroborating witnesses whenever reasonably possible and reported in writing to the Department Head or his/her designee. A copy of this documentation shall be given to the employee prior to testing. The written document shall include the circumstances which formed the basis of the determination that reasonable suspicion existed to warrant testing. M. "Prohibited Actions" - The following actions are prohibited and will subject an employee to disciplinary action up to and including termination. The use or being under the influence of, or possession of alcohol, on the job by City Employees is strictly prohibited. Drug abuse on the job by City Employees is strictly prohibited. The use of illegal drugs on or off duty by employees of the City is strictly prohibited. Employees are also subject to discipline or discharge when they engage in alcohol or 2010- 2013 ~LRAY BEACW SEI U 84 drug abuse and the abuse occurs off duty and the City Manager or designee determines that the abuse may adversely affect his/her job performance or represents a threat to the safety of the employer, his/her coworkers, or the public, or the off duty conduct is unbecoming to public employment. II. Testing 1. Authority to test - The City has the authority to require employees to submit to testing for purpose of implementing this policy against alcohol and drug abuse. 2. Types of Tests - The City may conduct the following types of tests to maintain a drug free workplace program. (a) Annual Physical - Alcohol and drug testing are components of the annual scheduled medical physical. (b) Reasonable Suspicion - The City may require an employee to submit to reasonable suspicion drug testing. The definition of "Reasonable Suspicion Drug Testing" as established in this Article will be the basis for determining whether reasonable suspicion exists to test an employee. (c) Post Accident Testing - If an employee is involved in an accident in which the employee was driving, and anyone of the following occurs: 2010- 2013 ~LRAY BEACW SEI U 85 An individual dies, and individual suffers a bodily injury and immediately receives medical treatment away from the accident scene, one or more vehicles incurs disabling damage as a result of the occurrence and is transported away from the scene by tow truck or other vehicle. Disabling damage does not include damages that could be remedied temporarily at the scene of occurrence without special tools or parts; tire disablement without further damage if no spare tire is available; or damage to headlights, taillights, turn signals, horns, or windshield wipers. (d) Follow Up Testing - An employee who is returned to work upon successful completion of a rehabilitation program shall be placed on evaluation status for one (1) year following his/her return to City employment. During the one year evaluation period, the City may require the employee to take up to a maximum of four unannounced blood or urine tests for the presence of drugs or alcohol. If at any time during the evaluation period the employees blood or urine is found to contain the presence of alcohol or drugs, the employee shall be subject to disciplinary action, up to and including dismissal. 2010- 2013 ~LRAY BEACW SEI U 86 3. Refusal to Test - An employee that refuses to submit to alcohol and drug testing as established in this Article may be subject to disciplinary action up to and including termination. III. COLLECTION SITE, COLLECTION PROCEDURES AND LABORATORIES PROCEDURES 1. Collection Site and Specimen Collection Procedures including the Designation of Collection Sites, Chain of Custody Form and Procedures, Security Procedures and Specimen Collection (access to authorized personnel only, privacy, and integrity and identity of specimen) shall be in accordance with Chapter 59A-24.005, Florida Administrative Code (R.1996). The attached Chain of Custody Form will be used for each employee tested. (A CHAIN OF CUSTODY FORM NEEDS TO BE PROVIDED.) 2. Collection Site Personnel - a specimen for drug test may be taken or collected pursuant to Section 59.A-24.006, Florida Administrative Code. 3. Prior to any collection of specimen, the Employer shall provide a form for the employee to provide any information he or she considers relevant to the drug test, including identification of currently or recently used prescription or non-prescription medication or other relevant medical information. Such form shall provide 2010- 2013 ~LRAY BEACW SEI U 87 notice of the most common medication by brand name or common name as applicable, as well as chemical name, which may alter or affect a drug test. The information provided shall be reviewed by the medical review office (MRO) in interpreting any positive confirmed results. The attached Medical Information Form will be used for each employee tested. (THE MEDICAL INFORMATION FORM NEEDS TO BE PROVIDED.) 4. Drug Testing Laboratories shall be licensed by the Agency for Health Care Administration in accordance with Chapter 59A-24.006, Florida Administrative Code (R.1996) in order to collect or analyze specimens for the City's drug testing policy and shall comply with the provisions of Chapter 483, Part I, Florida Statutes. The City shall provide employees with the name, address and telephone number of the laboratory contracted by the City to perform drug testing. Drug Testing Laboratories policy and procedure including laboratory personnel, training of laboratory personnel, laboratory personnel files, and specimen security and analysis procedures shall be in accordance with Chapter 59A-24.006, Florida Administrative Code (R.1996). 5. Laboratory Assistance - The approved laboratory shall provide technical assistance to the MRO and the employee 2010- 2013 ~LRAY BEACW SEI U 88 for the purpose of interpreting any positive confirmed test results. 6. Initial Test - The initial screen for all drugs shall be in immunoassay except that the initial test for alcohol shall be an enzyme oxidation methodology. 7. Confirmation Test - All specimens identified as presumptively positive on the initial test shall be confirmed using gas chromatography/mass spectrometry (GC/MSO), except alcohol will be confirmed using gas chromatography. The City shall comply with confirmation drug testing parameters as established in chapter 59A- 24.006(4)(f); Florida Administrative Code (R.1996) as may be amended from time to time for the controlled substances listed therein. The City shall comply with initial drug testing parameters as in Chapter 59A-24.006 (4) (e) i, Florida Administrative Code (R 1966), as may be amended from time to time for the controlled substances listed therein. IV. RELEASE OF RESULTS 1. The laboratory shall report test results to the MRO within reasonable time after receipt of the specimen by the laboratory. 2. The laboratory shall report as negative to the MRO all specimens, which are negative for controlled substances 2010- 2013 ~LRAY BEACW SEI U 89 3. 4 on the initial test or are negative for controlled substances on the confirmation test. The laboratory will not administer a confirmation test if the initial test is negative for controlled substances. Only specimens, which are confirmed as positive for controlled substances on the confirmation test, shall be reported to an MRO only for the specific drug involved. Provided however, in the case of reasonable suspicion testing, regardless of whether the initial or confirmation test reflects the presence of controlled substances in excess of the thresholds established in Chapter 59A-24.006, Florida Administrative Code, the laboratory shall report to the MRO the presence of any prescription medication/drug or the presence of over the counter medications/drugs in the initial or confirmation test. The MRO, the City's MRO contact, an/or the tested employee may request from the laboratory, and the laboratory shall provide, a detailed quantification of the initial and confirmation test results. The records are, to the extent permitted by law, to be considered medical records subject to Federal Law and the laws of the State of Florida. The laboratory shall transmit results to the MRO in a manner designed to insure confidentiality of the 2010- 2013 ~LRAY BEACW SEI U 90 information. The laboratory and MRO must insure the security of the data transmission, storage, and retrieval system to only those authorized under Chapter 59A-24, Florida Administrative Code, to obtain such information. 5. The MRO will also verify that positive and negative test results were properly analyzed and handled. The MRO will have knowledge of substance abuse disorders and shall also be knowledgeable in the medical use of prescription drugs and in the pharmacology and toxicology of illicit drugs. The MRO shall evaluate the drug test results by checking the chain of custody form that the specimen was collected, transported and analyzed under proper procedures as set forth in this policy. 6. The MRO will initially notify the employee of a confirmed positive test result within a reasonable period of time of the test result from the laboratory and determine if any alternate medical explanations caused a positive test result. 7. If the alternate medical explanation for a positive test result is accepted by the MRO, the test result will be reported to the designated representative as negative. 8. The MRO will communicate and provide a copy of the test results of an employee to the City's MRO contact, Human Resources and to the employee. The test results shall be 2010- 2013 ~LRAY BEACW SEI U 91 communicated only after the MRO has verified that the positive and/or negative test results were properly handled and analyzed. In the case of a positive test result, the MRO shall provide opportunity for the employee to discuss the positive test results and to submit documentation of any information relevant to the positive test results. In the case of reasonable suspicion testing, the MRO shall report to the City's MRO contact as a positive test result not only the presence of scheduled controlled substances in excess of the established thresholds, but the presence of prescription medication/drugs or over the counter medication/drugs when, in the judgment of the MRO, the quantity of such substances present would likely result in the behavior forming the basis for ordering the reasonable suspicion test. V. CHALLENGES TO TEST RESULTS 1. After receipt by the City of a positive confirmed test result from the MRO, the City must notify the employee in writing of its final decision, which is subject to Article 32, Grievance Procedure of the agreement. 2. An employee/Union may challenge violations of the Drug Testing Policy through the grievance procedures contained within this agreement and the grievance process shall 2010- 2013 ~LRAY BEACW SEI U 92 begin as soon as the City notifies the employee in writing of the City's' final decision regarding the tested employee. 3. When an employee challenges the results of testing, it shall be the employees responsibility to notify the laboratory in writing of such challenge. Upon such notification the laboratory shall be required to retain the sample indefinitely until the challenge is settled. Further, the laboratory shall retain all positive confirmed specimens for at least one (1) year from the date of initial testing. 4. Nothing in this drug testing policy shall be construed to eliminate or diminish any right provided to the employee, the Union and/or the City by the collective bargaining process and the resulting collective bargaining agreement thereof. VI. EMPLOYEE PROTECTION AND REHABILITATION 1. All employees may, upon request, have a Union representative present during the testing procedure, provided the test will not delayed more than thirty minutes while waiting for such representation. 2. The City may place employees who are tested for fitness for duty, reasonable suspicion, post accident drug testing, or whose drug test results are confirmed 2010- 2013 ~LRAY BEACW SEI U 93 positive as part of their annual physical examination in a non-safety sensitive position, or on administrative leave with pay until a final decision is made on the tested employee by the City. 3. If the employee fails to enter or complete a rehabilitation program, the employee may be subject to discipline up to and including termination. 4. Probationary employees whose blood or urine is found to contain the presence of illegal drugs, or who have been found to have used or been under the influence of drugs or alcohol while on duty, shall be dismissed. 5. Any non-probationary employee who has tested positive through the confirmation testing process may be placed on a leave of absence without pay for a period of up to sixty (60) days. The employee may use accumulated leave during the leave of absence. The leave of absence is to give the employee an opportunity to rehabilitate him or herself from abusing alcohol and/or drug abuse. The City may assist the employee in locating an appropriate program of rehabilitation. Upon the successful completion of the rehabilitation program as certified by the program administrator designated by the City, the employee shall be subject to the requirements below. The employee shall be returned to City employment in the same 2010- 2013 ~LRAY BEACW SEI U 94 or similar position (same schedule as to shift or non- shift) to the one which the employee occupied before his or her leave of absence at the same rate of pay as if the employee did not take such leave of absence. Prior to resuming employment with the City, the employee shall be subject to a blood or urine test for the presence of alcohol and/or drugs. 6. After receipt by the City of a positive confirmed test result from the MRO, the employee may request a retest of the original specimen at another laboratory mutually selected by the City and the employee. Provided however, an employee's request for a retest shall be processed only if the request is in writing and is received by the City no later than ten (10) days after the employee's receipt of the City's final decision. The requesting employee shall be required to pay for the costs of the retest, including handling and shipping expenses. Upon notice from the City that the employee has timely requested a retest, the MRO shall contact the original testing laboratory to initiate the retest. The laboratory performing the retest shall comply with the drug testing parameters set forth in Section III above, and shall report the test results to the MRO within a reasonable time after receipt of the specimen from the 2010- 2013 ~LRAY BEACW SEI U 95 original laboratory. If the retest results are negative, the City will accept the results and will reimburse the employee for the costs of the retest, including handling and shipping expense. 7. All documents and records with regard to the drug testing of an employee will be expunged from an employee's file if the employee is cleared through an administrative or legal challenge, and/or reasonable suspicion drug testing or split sample testing, if the employee's test results are negative. 8. The City will not discharge, discipline, or discriminate against an employee upon the employee voluntarily seeking treatments which under the employment of the City, for an alcohol/drug related problem. VII. EDUCATION 1. The City must inform employees about any employee assistance programs that the City may have available. The City shall have a contact person who will be responsible for providing the names, addresses and telephone number of an employee assistance program available to employees. 2. The City must provide information for its employees to assist them in identifying personal and emotional problems which may result in the misuse of alcohol or drugs. 2010- 2013 ~LRAY BEACW SEI U 96 3. The City must provide training to all supervisors, which will enhance their knowledge and skills in interpreting and administering the provisions of this Article. VIII. CONFLICT WITH OTHER LAWS AND/OR COLLECTIVE BARGAINING AGREEMENT The parties agree that all specific references in this policy to Chapter 59A-24, Florida Administrative Code (R.1996), as may be amended from time to time, have been collectively bargained and contractually agreed to by both parties to the extent that the above Administrative Code is applicable and not in conflict with other provisions of this policy or Federal or State Law. 2010- 2013 ~LRAY BEACW SEI U 97 ARTICLE 34 DAMAGE TO CITY PROPERTY A. Each employee shall exercise due caution in the care and handling of all tools and equipment which may come into his custody, or over which he may have a degree of control. Any employee who loses, misuses, or damages through his carelessness, negligence and/or intentional misconduct such tools or equipment provided by the City shall be subject to discipline. When in the judgment of the City a tool or piece of equipment is no longer safe or effective, due to normal wear and tear, the defective item shall be turned in to the City for replacement. No defective tool or piece of equipment shall be replaced by the City until the defective item is presented by the employee. All tools and equipment issued to an employee by the City shall be returned to the City prior to the employee leaving City employment in the same condition as same was issued (normal wear and tear excepted). 2010- 2013 ~LRAY BEACW SEI U 98 ARTICLE 35 ABSENCE WITHOUT LEAVE An absence of an employee from duty, including any absence for a single day and failure of an employee to report at the expiration of a leave of absence (including a leave of absence due to a work-related injury) or vacation, that is not authorized by a specific grant of leave of absence under the provisions of this Agreement, shall be deemed to be an absence without leave. Any such absence shall be without pay and the employee may be subject to disciplinary action, including suspension, demotion or dismissal. Any employee who is absent from duty for three (3) consecutive days without notifying the immediate supervisor of the reasons for such absence and the time he/she expects to return, and without securing leave, may be considered to have resigned without notice. For purposes of this Article, three (3) consecutive days shall mean three (3) work days of the employee. 2010- 2013 ~LRAY BEACW SEI U 99 ARTICLE 36 AMENDMENTS This Agreement may be amended at any time on mutual consent of both parties, but no such attempted amendment shall be of any force or effect until placed in writing and executed by both parties hereto. 2010- 2013 ~LRAY BEACW SEI U 100 ARTICLE 37 SEVERABILITY AND WAIVER Should any section or provision of this Agreement or any portion thereof, any paragraph, sentence, or word be declared by a Court of competent jurisdiction to be unlawful and unenforceable, such decision of the Court shall apply only to the specific section or provision or portion thereof, directly specified in the decision and shall not affect the validity of the remainder hereof as a whole or part thereof, other than the part declared to be unlawful and unenforceable. Upon the issuance of a final decision, the parties agree to immediately negotiate a substitute, if possible, for the invalidated section or portion thereof. Section 2 The exercise or non-exercise of the rights covered by this Agreement by the City or the Union except as to the notice provisions of Article 39, concerning duration, modification, and termination, shall not be deemed to waive any such right or the right to exercise them in the future. 2010- 2013 ~LRAY BEACW SEI U 101 ARTICLE 38 EMERGENCY PAY POLICY Whenever the City Manager declares that an emergency condition exists, and the City Manager calls for preparedness actions to take place either before, during or after the emergency, the City Manager may suspend the provisions of this Agreement as long as the provisions regarding pay and benefits shall remain in effect. Section 2 The parties agree that all hours actually worked by bargaining unit employees shall be recorded as regular hours and shall be paid to the employee at the employees' appropriate rate of pay as provided herein. Employees who are offered the option of not reporting to work shall be allowed to use vacation time to remain in pay status. If the employee has no accrued vacation, the City shall grant vacation leave in advance to be repaid to the City once the vacation time is accrued. Employees who are on approved vacation leave, leave with pay or sick leave during the emergency shall receive vacation, regular or sick leave pay as previously approved. 2010- 2013 ~LRAY BEACW SEI U 102 Shift personnel who are scheduled off during the emergency shall receive no pay unless they are called in to work. In this event, they shall receive their appropriate rate of pay for all hours worked during the emergency. Shift personnel who are scheduled on during the emergency shall receive their appropriate rate of pay for all hours worked during the emergency. Premium pay shall be paid at time and one-half when appropriate. 2010- 2013 ~LRAY BEACW SEI U 103 ARTICLE 39 SICK AND VACATION PAY-OUT ACCRUALS The City shall make changes to the sick and vacation pay accruals policy by providing the following two (2) options: A. Provide a lump sum pay-out as currently exists. B. Enable employees who properly notify the City with the intent to retire, at least three years prior to Retirement date, the ability to have above noted accruals paid in payments of not more than one-third per year of amount available at date of designation of retirement. 2010- 2013 ~LRAY BEACW SEI U 104 ARTICLE 40 CONTRACT CONSTITUTES ENTIRE AGREEMENT OF THE PARTIES The parties acknowledge and agree that during the negotiations which resulted in this Agreement, each had the unlimited right and opportunity to make demands and proposals with respect to any subject or matter included by law within the area of collective bargaining and that all the understandings and agreements arrived at by the parties after the exercise of that right and opportunity are set forth in this Agreement. Therefore, the City and the Union, for the life of this Agreement, each voluntarily and unqualifiedly waives the right to require further collective bargaining with respect to any subject matter referred to or matter covered in this Agreement or considered by the parties during collective bargaining negotiations resulting in this Agreement, subject to impact bargaining, if any be lawfully required. This Agreement contains the entire contract, understanding, undertaking, and agreement of collective bargaining for and during its term. 2010- 2013 ~LRAY BEACW SEI U 105 ARTICLE 41 DURATION, MODIFICATION, AND TERMINATION Except as otherwise provided in this Agreement, this Agreement shall be effective from October 1, 2010, and continue through September 30, 2013. If the parties have not executed a written agreement by the expiration date hereof, i.e., September 30, 2013, then the terms and conditions of this Contract shall nonetheless continue in effect, except as modified herein. Negotiations for a successor agreement shall commence not later than May 1, 2013. Without a successor agreement in place, (after the expiration of this agreement and before the effective date of a successor agreement) wage increases, including performance increases and lump sum bonuses, shall be frozen effective October 1, 2013 until such time as an agreement has been reached. The Union may request to reopen Article 15 (Vacation Leave), Article 16 (Sick Leave) and Article 25 (Seniority and Layoff) for negotiation for the fiscal year October 1, 2011 - September 30, 2012. 2010- 2013 ~LRAY BEACW SEI U 106 ARTICLE 42 EXECUTION OF AGREEMENT In executing this Agreement, the President of the Service Employees International Union, Florida Public Services Union, CTW, CLC, represents that he/she has made the Bargaining Unit Employees aware of their responsibilities individually and collectively under this Agreement at a regularly scheduled meeting of the Organization and that by an affirmative vote of a majority of the membership present and voting, the individuals executing this Agreement have been authorized by the membership to take such action. Dated this day of October, 2010. ATTEST: CITY OF DELRAY BEACH, FLORIDA Chevelle Nubin, City Clerk By: Approved as to form and legal sufficiency: Brian Shutt, City Attorney David T. Harden, City Manager 2010- 2013 ~LRAY BEACW SEI U 107 Dated this day of October, 2010. Service Employees International Union, Florida Public Services Union ATTEST: By: Alphonso Mayfield, President By: Carl Booth, Chief Negotiator By: Clarence Riley, Union Steward 2010- 2013 ~LRAY BEACW SEI U 108 APPENDIX A CITY OF DELRAY BEACH SEIU JOB TITLES JOB BASE GRADE TITLE NUMBER HOURS LEVEL Building Maintenance Worker 344 80 B05 Carpenter 322 80 B09 Crew Leader I 291 80 B05 Crew Leader II 293 80 B08 Crew Leader III 723 80 B10 Equipment Operator I 306 80 B05 Equipment Operator II 307 80 B07 Equipment Operator III 724 80 B09 Equipment Technician I 537 80 B07 Equipment Technician/Lawn 628 80 B08 Fleet Mechanic 611 80 B08 General Maintenance Worker 601 80 B02 Instrumentation Technician 684 80 B12 Instrumentation Technician, Senior 662 80 B13 Inventory Control Clerk 741 80 B08 2010- 2013 ~LRAY BEACW SEI U 109 JOB BASE GRADE TITLE NUMBER HOURS LEVEL Irrigation Maintenance Supervisor 298 80 B10 Irrigation Maintenance Worker 603 80 B03 Journeyman Electrician 340 80 B11 Master Electrician 373 80 B12 Master Electrician Sr. 554 80 B13 Master Fleet Technician 675 80 B12 Mechanical-Electrical Technician 700 80 B11 Meter Maintenance Technician 718 80 B06 Motor/Pump Technician 756 80 B12 Neighborhood Improvement Worker 667 80 B01 Park Ranger 323 80 B02 Parking Meter Technician 192 80 B04 Parts Expediter 743 80 B08 Pipelayer 722 80 B05 Senior Fleet Technician 674 80 B11 Senior Master Fleet Technician 762 80 B13 Street Maintenance Worker II 362 80 B03 Street Maintenance Worker III 363 80 B05 Traffic Maintenance Worker 604 80 B03 Traffic Maintenance Worker Sr. 608 80 B05 2010- 2013 ~LRAY BEACW SEI U 110 JOB BASE GRADE TITLE NUMBER HOURS LEVEL Treatment Plant Operator "A" 618 80 B12 Treatment Plant Operator "A" -Reports/ 736 80 B13 Permits Specialist Treatment Plant Operator "A" -Trainer 630 80 B13 Treatment Plant Operator "B" 617 80 B10 Treatment Plant Operator "B" -Reports/ 750 80 B11 Permits Specialist Treatment Plant Operator "C" 616 80 B08 Treatment Plant Operator Trainee 546 80 B04 Tree Trimmer 318 80 B04 TV Truck Specialist 734 80 B07 Utility Mechanic 612 80 B09 Utility Mechanic Sr. 613 80 B11 Utility Building Maintenance Worker II 779 80 B07 Utility Service Worker "A" 492 80 B07 Utility Service Worker "B" 319 80 B06 Utility Service Worker "C" 493 80 B05 Water Meter Reader 348 80 B04 Well Maintenance Technician 776 80 B07 2010- 2013 ~LRAY BEACW SEI U 111 MEMORANDUM TO: Mayor and City Commissioners FROM: Jasmin Allen, Planner Paul Dorling, AICP, Director of Planning and Zoning THROUGH: City Manager DATE: October 13, 2010 SUBJECT: AGENDA ITEM 9.B. -REGULAR COMMISSION MEETING OF OCTOBER 19, 2010 CONDITIONAL USE REQUEST/ EBENEZER WESLEYAN METHODIST ITEM BEFORE COMMISSION Consideration of a conditional use extension request associated with construction of a new 6,575 sq. ft. sanctuary, at the northwest corner of SW 6th Avenue and SW 2nd Street and construction of an off-site parking lot at the northeast corner of SW 6th Avenue and SW 2nd Street for Ebenezer Wesleyan Methodist Church. BACKGROUND Pursuant to LDR Section 2.4.4(F)(1) (Extensions), extensions may be granted to the previously approved application, pursuant to the following: • A written request for an extension must have been received by the City at least forty-five (45) days prior to the expiration date; The letter must set forth the basis and reason for the extension; The extension shall be considered by the same body which granted the original approval; The extension, if granted, shall be for eighteen (18) months unless otherwise stated. Ebenezer Wesleyan Methodist Church is currently located at the southeast corner of SW 6th Avenue and 2nd Street and seeks to construct a new facility. On May 3, 2005, the City Commission approved the conditional use request for the new church facility with the attendant off-site parking lot. Site plan approval was initially granted by the Site Plan Review and Appearance Board on October 11, 2006. An extension request was granted by the City Commission on May 1 2007, extending the conditional use approval to November 3, 2008. Additionally, on January 3, 2008, the City Commission eliminated the condition of approval requiring the existing church facility to be retained as a support facility to the Ebenezer Wesleyan Methodist Church for a period of not less than six (6) months from the Certificate of Occupancy date for the new facility. A second extension of the conditional use approval was granted by the City Commission on October 7, 2008, with said approval expiring on November 3, 2010. The site plan was extended on October 15, 2008 for twenty-four (24) months (expires October 15, 2010, unless an extension is granted). As construction has not begun, conditional use and site plan extension requests have been submitted. The conditional use request is now before the City Commission. ANALYSIS Pursuant to LDR Section 2.4.4.(F)(3), when the project has not commenced construction, or construction has not been deemed substantial, the request for extension shall be considered pursuant to the following: (a) The project shall be evaluated pursuant to the land development regulations in effect at the time of consideration of the extension request and shall comply with such current requirements; (b) Additional submittal information including a new application and copies of previously submittal material may be required; (c) The granting body must make findings pursuant to 2.4.4(B); (d) The granting body may impose additional conditions of approval pursuant to 2.4.4(C) to insure compliance with any applicable changes to regulations or changes in circumstances which have occurred since the previous approval. The applicant submitted the following statement, regarding the delay in construction of the proposed project and in support of the extension request. " When we initially applied for the "Conditional use ", our immediate plans were to construct a new church that could properly house our congregation and assist in the needs of the community (youth mentoring, tutoring, social skill building). The architectural plans have been completed. Recently, we have run into some unforeseen obstacles. We have applied for a commercial real estate loan with 2 major financial institutions in Delray Beach. Unfortunately, both of those requests have been declined due to decreasing contributions from our congregation. With the current economic climate, most of our congregation has suffered economic setbacks, resulting in a decrease in disposable income, thus leading to a decrease in regular church donations. We have also placed "For Sale" signs on our existing building in addition to an adjacent parcel of land to raise additional capital; however, we have not found a buyer as of the date of this letter. We are continuing to "Shop" for commercial real estate loans as well as buyers for the existing real estate in order to secure the capital needed for construction. Ebenezer Wesleyan Methodist Church has been established in our "All American City" since its inception on August 16, 1925. The weakening economy is indeed a reasonable external circumstance that has hindered the construction of the development. Based on the current economic conditions, it is reasonable to grant the extension of the conditional use approval since this issue is beyond the control of the developer." The Site Plan Review and Appearance Board (SPRAB) will consider the request for site plan extension if the conditional use extension is granted by the City Commission. Pursuant to LDR Section 2.4.4(F)(1)(d), eighteen month extensions are allowed by code unless otherwise stated. Based upon the above, the extension request would be valid through May 3, 2012. This extension would be the third extension granted for this development. If the project cannot be established within the timeframe stated above, careful consideration should be given as to the viability of the development proposal and staff support for future extensions is unlikely. RECOMMENDATION Approve the request for an extension of the Conditional Use approval for construction of a new church facility for Ebenezer Wesleyan Methodist Church, by adopting the findings of fact and law contained in the staff report, and finding that the request, and approval thereof, meets criteria set forth in Sections 2.4.4(F)(1)&(3) including reaffirming the original required findings of Section 3.1.1 of the Land Development Regulations, subject to the previous conditions of approval, with said approval to be valid until May 3, 2012. Attachments: -City Commission Documentation Dated May 3, 2005 IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA TWENTY-FOUR MONTH EXTENSION REQUEST FOR CONDITIONAL USE APPROVAL GRANTED TO EBENEZER WESLEYAN METHODIST CHURCH LOCATED ON THE EAST AND WEST SIDES OF SW 6T" AVENUE NORTH OF SW 2ND STREET ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA 1. The above named twenty-four month conditional use extension request has come before the City Commission on October 19, 2010. 2. This conditional use extension request comports with the future land use element, is concurrent with the Comprehensive Plan and is consistent with the goals, policies and objectives of the City's Comprehensive Plan. 3. The Applicant and City staff presented documentary evidence and testimony to the City Commission pertaining to the conditional use extension request for the Ebenezer Wesleyan Methodist Church. All of the evidence is a part of the record in this case. Required findings are made in accordance with LDR Section 2.4.4(F)(1) and (F)(3). 4. Section 2.4.4(F)(1) requires certain preliminary requirements to be met, such as: A written request submitted at least 45 days prior to the expiration date; The request must set forth the basis and reason for the extension; The request must be considered by the same body that granted the approval; The extension, if granted, shall be for a term of 18 months unless otherwise stated. Have the preliminary requirements of Section 2.4.4(F)(1) been met? Yes No 5. Pursuant to LDR Section 2.4.4(F)(3), when the project has not commenced construction, or construction has not been deemed substantial, the Commission shall consider the following regarding the diligence and good faith of the Developer: (a) The project shall be evaluated pursuant to the Land Development Regulations in effect at the time of consideration of the extension request and shall comply with such current requirements; (b) Additional submittal information including a new application and copies of previously submittal material may be required; (c) The granting body must make findings pursuant to 2.4.4(6); and (d) The granting body may impose additional conditions of approval pursuant to 2.4.4(C) to insure compliance with any applicable changes to regulations or changes in circumstances which have occurred since the previous approval. Have the requirements of Section 2.4.4(F)(3) been met? Yes No 6. The comments and notes set forth in the staff report are hereby incorporated herein. 7. The City Commission has applied the Comprehensive Plan and LDR requirements in existence at the time the original site plan was submitted and finds that its determinations set forth in this Order are consistent with the Comprehensive Plan. 8. The City Commission finds there is ample and competent substantial evidence to support its findings in the record submitted and adopts the facts contained in the record including but not limited to the staff reports, testimony of experts and other competent witnesses supporting these findings. 2 10. Based on the entire record before it, the City Commission approves denies the conditional use extension request to allow the previous conditional use approvals to be valid until May 3, 2012 subject to the conditions listed in Exhibit "A": The City Commission hereby adopts this Order this 19th day of October, 2010, by a vote of in favor and opposed. Nelson S. McDuffie, Mayor ATTEST: Chevelle Nubin City Clerk 3 EXHIBIT "A" Conditions for Ebenezer Wesleyan Methodist Church 1. That a site plan be submitted that is in general conformance with the sketch plan and addresses the concerns and technical items contained within this report and attached as Appendix A. 2. That the seating capacity is limited to 213 people. 3. That the existing church facility be retained as a support facility to the Ebenezer Wesleyan Methodist Church. 4. That the existing overhead distribution and proposed service utility liens are placed under ground. 5. That one (1) tree be planted every twenty-five (25) feet to form a solid tree line and a continuous hedge 4 '/ feet in height at the time of installation be installed within the landscape perimeter buffer areas adjacent to the residential use areas i.e. north and west sides for the main sanctuary site and east and north sides for the off-site parking areas. 6. That driveway stacking modifications be made to the northeast driveway by eliminating one parking space on the south side of the driveway, eliminating one space on the north side and converting the handicap space to a regular space. 7. The recorded Unity of Title does not include a portion of the west site. A revised Unity of Title between the off-site parking area and the main site shall be recorded. -CITY COk~IEMISSION D.000I~IEhfTATION TO: DAVID T. DEN CI M AGER THRU: PAUL DO LING, DIRECTO F PLANNING AND ZONING FROM: JASMIN ALLEN, PLANNE SUBJECT: MEETING OF MAY 3, 2005 CONDITIONAL USE REQUEST ASSOCIATED WITH THE RELOCATION AND CONSTRUCTION OF A NEW 214 SEAT SANCTUARY FOR ESENEZER WESLEYAN- METHODIST CHURCH - -_ ~AC.KGlROUND _ _- Ebenezer Wesleyan Methodist Church is currently located at the southeast corner of SW 6°h Avenue and SW 2"~ Street. The church is seeking to relocate its facility to the northwest corner of SW 6~' Avenue and SW 2"d Street and construct an off-site parking lot at the northeast corner of 5W 6~' Avenue and SW 2"~ Street. The properties are currently vacant, however the parcel located on the east side. of SW 6~' Avenue is being utilized as an overflow parking area for the existing church. The conditional request before the: Board involves the construction of a 6,575 sq. ft. sanctuary with a seating capacity of 2~4 seats; construction of a 51-space parking lot adjacent to the new sanctuary building and a 22-space off- . site parking lot on the east side of SW 6~' Avenue; -along with the installation of attendant landscapi~ig. P -- - --. _ _. _ . CANNING AID ZONN G BOARD CONSIDERATION At its meeting of April 18, 2005, the Planning ,and Zoning Board held a public hearing: in. conjunction with the conditional use request. Presentations were made by staff and. the applicant. The Board expressed concern over the disposition of the existing facility given the limited parking in the area and the elimir~atian of the existing overflow parking with the development of this site. To address this concern they conditioned'the approval on the existing site being utilized by the new church as a support facility for a minimum of six {fi} months after the certificate of occupancy on the new building. After the six months establishment of a new church in the existing facility would require a new Conditional Use request which would require the provision of adequate parking. After discussion, the Board noted (7-0} in favor of the Conditional Use request-based upon findings of fact and law con#ained in the staff report, and finding that the request is consistent with- the Comprehensive Plan and meets criteria set forth in Sections 2.4.5(E} (5}, and Chapter_ 3 of the Land Development Regulations, subject to the conditions contained in the staff report with conditions #'s 2, 3 and fi being modified as noted below: 2. That the seating capacity is limited to 2'14 people. 3. That the existing church facility be retained as a support facility to the Ebenezer Wesleyan Methodist Church, for a period not less than six (6} months from the date of the issuance of the certificate of occupancy of the new facility. 6. That driveway stacking modifications be rrrade to the northeast driveway by eliminating one parking space on the north side of the driveway. - _ RECOM~METNDATION ----- - Move approval of the conditional use request for Ebenezer Wesleyan Methodist Church, by adopting the findings of fact and law contained in the staff report, and finding that the request is consistent with the Comprehensive Plan and meets criteria set forth in Sections 2.4.5{E} {5}, and Chapter 3 of the Land Development Regulations, subject to the conditions contained in the staff report and as modified herein. Attachment: P & Z Staff Report and Documentation of April 18, 2005 PLANNING AND ZONING BOARD CITY OF DELRAY BEACH ---STAFF REPORT--- MEETING DATE: April 1 S, 2005 AGENDA ITEM: !v. A. ITEM: Conditional Use Request to A!!aw the Relocation and Establishment of a Church, Ebenezer Wesleyan Methodist Church (Quasi-Judicial Hearing). GENERAL DATA: - ~wnerlApplicant------------------------- Applicant .................................... Location ...............................~------ Property Size .............................. Future Land Use Map ................ Current Zoning ............................ Adjacent Zoning ................North: East: West: South: Existing Land Use ...................... Proposed Land Use .................... Water Service ............................. Sewer Service ............................. Ebenezer Wesleyan Methodist Church Karin Mannchen L-orated on the east and west sides of SW 6t" Avenue, north of SW 2nd Street 1.19 Acres MD (Medium Density, 5 - 12 DulAcre} RM (Medium Density Residential} RM RM RM R-1-A (Single Family Residential} Vacant Construct a new 6,575 sq. ft. sanctuary with a seating capacity of 214 seats and a total of 73 parking spaces. Available via connection to an existing 6" water main along SW 2"~ Street. Available via connection to an existing 8" sewer sanitary along SW 6t" Avenue. N.w. ~ ~ .. - 'a a F1RE a .._.. STA T70N ~ ~ m ~ AMOC ~®~ ~ z z N0. l z ATLANTIC AV~NVE - ~ ~ -.. s.w. Isr W____ sr. ~ r h ~ SW. 4110 Sr- s.2 D _s N -~ s.w. aRD sr. ®® N C s.w. sr. Q x r ~ W Vl s.w. srrl sr_ iV. A. ITEM_BEFORE TH_E _BOARI]_ The action before the Board is making a recommendation to the City Commission on a request for Conditional Use approval associated with the relocation and establishment of Ebenezer Wesleyan Methodis# Church, pursuant to Section 2.4.5(E). The subject property is located on the east and west sides of SW fit" Avenue, north of 5W 2na Street. BACKGROUND Ebenezer Wesleyan Methodist Church is currently located at the southeast corner of SW 6t" Avenue and SW 2na Street. The church is seeking to relocate its facility to the northwest corner of SW fit" Avenue and SW 2na Street and will include an off-site parking lot on the east side of SW 6t" Avenue. The subject property is 1.19 acres which includes several parcels within Block 14 (west side of SW Gtr, Avenue) and one parcel within Block 22 (east side of SW 6t" Avenue), Tawn of Delray Plat. The properties are currently vacant, however the parcel located on the east side of SW fit" Avenue is being utilized as an overflow parking area far the existing church (south of SW 2"a Street}. The subject property is located within the Southwest Area Neighborhood Redevelopment Plan area. The 5authwest Area Neighborhood Redevelopment Plan was adopted by the City Commission at its meeting of .June 3, 2003 and establishes a blueprint for the revitalization and stabilization of the area. The conditional request before the Board involves the construction of a new 214 seat sanctuary and the construction of seventy-three (73) parking spaces with attendant landscaping. p`ROJECT DESCRIPTION The development proposal includes the following: - Construction of a new 6,575 sq. ft. sanctuary with a seating capacity of 214 seats; - Construction of a 51-space parking lot adjacent to the new sanctuary building and, a 22- space off-site parking lot on the east side of SW 6t" Avenue; and - installation of attendant landscaping. CONDITIONAL lJSE MO'©IFICAT'ION ANALYSIS' REQUIRED FINDINGS (Chapter 31: Pursuant to LDR Section 3.1.'I (Required Findings), prior to the approval of development applications, certain findings must be made in a form which is part of the official record. This may be achieved through information on the application, the staff report, or minutes. Findings shall be made by the body, which has the authority to approve or deny the development application. These findings relate to the following four areas. Planning and Zoning Board ;- '. ff Report Conditional Use Modification -Ebenezer Wesleyan Methodist Church Page 2 FUTURE LAND USE MAP: The use or structures must be allowed in the zone district and the zoning district must be consistent with the land use designation. The subject property has a Future Land Use Map designation of MD (Medium Density Residential 5-12 units per acre) and is zoned RM {Medium Density Residential), thus the zoning is consistent with the SLUM designation. Churches or places of worship, and their attendant educational, nursery, Sunday school, recreational, and columbarium facilities are allowed as conditional uses. The foregoing does not allow establishment of educational and care uses such as elementary school and general day care unless approved separately as a conditional use. Based upon the above, positive findings can be made with respect to consistency with the Future Land Use Map. CONCURRENCY: Facili#ies which are provided by, or through, the City shall be provided to new development concurrent with issuance of a Certificate of Occupancy. These facilities shall be provided pursuant to levels of service established within the Comprehensive Plan. Drainace: Conceptual drainage plans have not been submitted. However, there are no anticipated concerns with providing on-site stormwater drainage, which can be accommodated with retention areas around the perimeter of the site and the building. At this time, there are no problems anticipated in complying with South Florida Water Management District or Lake Worth Drainage District requirements. Based upon the above, positive findings with respect to this level of service standard can be made. Parks and Open Space: Park dedication or park impact fee requirements do not apply to nonresidential uses. Thus, there will be no impact on this level of service standard. Solid Waste: Pursuant to Solid Waste Authority Guidelines, trash generated each year by the proposed 6,575 square foot building at 1.6 Ibs.lsq. ft. per year will be approximately 5.26 tons per year. The trash generated by this proposal can be accommodated by existing facilities, therefore, a positive finding with respect to this level of service standard can be made. Streets and Traffic: A traffic statement has been submitted indicating that the proposed church facility will generate fi~ vehicle trips during an average weekday. The use will generate approximately 82 trips on Sunday. A peak hour distribution of the Sunday trips has been submitted representing an additional 5 trips during the P.M. and A.M. peak hours. Water and Sewer: The applicant has not submitted preliminary water and sewer plans however, the following is noted: Water service is available via service lateral connections to an existing 6" water main along the north right-of-way of SW 2"d Street. Two {2) fire hydrants presently exist on the north side of SW 2"d Street: at the SW 6~h Avenue intersection, at the SW 7~" Avenue intersection. Sewer service is available via service lateral connections to an existing 8" sanitary sewer main within the SW 6t'' Avenue right-of-way. Pursuant to the Comprehensive Plan, treatment capacity is available at the City's Water Treatment Plant and the South Central County Waste Water Treatment Plant for the City at build-out. Based upon the above, positive findings can be made with respect to this level of service standard. Planning and Zoning Board -' ' <ff Report Conditional Use Modification= Ebenezer Wesleyan Methodist Church'° Page 3 Schools: School concurrency findings do not apply for non-residential uses. Thus, the proposed development will not have an impact with respect to this level of service standard. CONSISTENCY: Compliance with performance standards set forth in Chapter 3 and required findings in LDR Section 2.4.5(E} {5) for the Conditional Use request shall be the basis upon which a finding of overall consistency is to be made. Other objectives and policies found in the adopted Comprehensive Pian may be used in making a finding of overall consistency. A review of the objectives and policies of the adapted Comprehensive Plan was conducted and the following applicable objectives and policies that are relevant to the Conditional Use applications are noted: Future Land Use Element Objective A-1: Property shall be developed or redeveloped in a manner so that the future use and intensity is appropriate and complies in terms of soil, topographic, and other applicable physical considerations, is complimentary to adjacent land uses, and fulfills remaining land use needs. There are no special physical or environmental characteristics of the land that would be negatively impacted by the proposed development. The church has existed within the community for several years without any known negative impacts. The most significant potential for impact resulting from a church use normally relates to traffic impact on the adjacent neighborhood and the ability to accommodate parking on-site without spillage onto adjacent roadways and into the neighborhood. The proposed facility will accommodate 214 seats which will require 72 parking spaces. (one space per three seats). A total of 73 parking spaces are proposed (51 spaces to be located on the west side of SW 6th Avenue and 22 spaces in the off-site parking lot located on the east side of SW Gtr, Avenue). While the new facility will accommodate the parking needs generated by its use, concerns are raised with respect to the re-use of the existing church facility and the facilities combined impact on the neighborhood. The existing church facility has a seating capacity of 140 seats which under current regulations would require the provision of 47 parking spaces. Currently, 11 paved parking spaces exists which results in a deficiency of 36 spaces. The overflow parking needs are now accommodated on the vacant parcels owned by the church located to the north and west of the existing church facility. The parcel to the north is now proposed for additional development and will no longer be available for utilization. With the construction of a new facility, the potential for a serious parking shortage exists if the existing church facility is sold to a separate entity having similar meeting and service times. This would have negative impacts on the surrounding neighborhood resulting in illegal parking on adjacent roadways and into the neighborhood. Future Land Use Element Po11cy C-9.7': The following pertains to the Southwest Neighborhood Redevelopment Area: This area is ~enerally defined as the area bounded by West Atlantic Avenue on the north, SW 10 Street on the south, Interstate-95 on the west, and Swinton Avenue on the east. Planning and Zoning Board ' ff Report Conditional Use Modification ~- Ebenezer Wesleyan Methodist Church`' Page 4 Many of the parcels in the area contain vacant or dilapidated structures, substandard parking and substandard landscaping, The area also contains residential areas identified as "Rehabilitation" on the Residential Neighborhood Categorization Map contained in the Housing Element. The Southwest Area Neighborhood Redevelopmen# Plan was adopted by the City Commission at its meeting of June 3, 2003, The Plan establishes a blueprint for the revitalization and stabilization of the area. The Southwes# Area Neighborhood Redevelopment Plan is divided into five sub-areas based upon current and proposed land uses. The sub-areas serve to define potential boundaries for the phased implementation of the various plan components. Future development in the area must be in accordance with the provisions of the Redevelopment Plan. The subject property is located within the borders of the Southwest Area Neighborhood Redevelopment Plan and is more specifically included within sub-area #5. Sub-area #5 is identified as "infi[I area" consisting of relatively stable residential neighborhoods that are experiencing some deterioration, but do not require substantial redevelopment to achieve community livability goals. While the narrative for sub-area #5 does not address the establishment of new churches, the Redevelopment Plan does note increased faith community involvement as an essential ingredient to improve livability. Based upon the above, a positive fiinding can be made with respect to Future Land Use Element Policy C-1.7, as increased faith community involvement is identified as an essential element to improve the livability of the community and fulfill the goals and objectives of the Southwest Area Neighborhood Redevelopment Plan. Future Land Use Element Policy C-4.2: The "Downtown Delray Beach Master Plan" was adopted by the City Commission on March 19, 2002. Covering the downtown business districts surrounding the A#lantic Avenue corridor between 1-95 and A-1-A, it represents the citizens' vision for the growth and unification of Delray Beach, while still retaining the "village like, community by-the-sea" character of the CBD. The Plan addresses a wide range of issues including infill development, neighborhood parks, shared parking, public art, the roadway and alleyway systems, marketingleconomi`c development, and the need to modify the Land Development Regulations to include design guidelines to retain the character of Delray Beach, Future development and redevelopment in this area shall be consistent with the Master Plan. The subject property is located within the borders of the downtown as defined by the Downtown Delray Beach Master Plan and is more specifically located within the West Atlantic Neighborhood. The Master Plan does not specifically address the subject property with regard to a specific development proposal and the parcels are noted as vacant parcels which are identified for in-fill opportunities to increase the housing stock in the area. The subject parcels have been under the ownership of the church since July 2000 (east site) and March 2002 (west site} and should have been identified as a part of the church's campuslholdings and therefore available for expansion of the church's facility. Based upon the abave, a positive finding can be made with respect fo Future Land Use Element Palicy C-4.2, that fulfills the goals and objectives of the Downtown Delray Beach Master Plan. Planning and Zoning Board - . ' ff Report Conditional Use Modification '- Ebenezer Wesleyan Methodist Church" Page 5 Housin_g Elemenf Po!!cy A-92.3: In evaluating proposals for new development or redevelopment, the City shall consider the effect that the proposal will have on the stability of nearby neighborhoods. Fac#ors such as noise, odors, dust, traffic volumes and circulation patterns shat! be reviewed in terms of their potential to negatively impact the safety, habitability and stability of residential areas. If it is determined that a proposed development will result in a degradation of any neighborhood, the project shall be modified accordingly or denied. Ebenezer Wesleyan Methodist Church has existed at the southeast corner of SW 6t~' Avenue and SW 2~d Street since 1952. The existing .2,193 sq. ft. sanctuary currently accommodates a seating capacity of 140 seats. The applicant has indicated that the church has outgrown its current facility and proposes to construct a larger facility at the northwest intersection of SW 6~" Avenue and SW 2"~ Street. The proposed church is located in an established residential neighborhood. The most significant potential for impact resulting from a church use normally relates to traffic impact on the adjacent neighborhood and the ability to accommodate parking on-site without spillage onto adjacent roadways and into the neighborhood. As stated above while the new facility will accommodate the parking needs generated by its use, concerns are noted with respect to the potential negative impacts on the neighborhood if the existing church facility was sold to another religious entity. The ideal situation would be that the existing facility serves as a fellowship hall for the existing congregation thereby not creating additional impact. Due to the nature of this proposed use and the fact that there is another church within 300 feet (410 SW 2"d Street) which may have similar hours for worship services and activities, the potential for some traffic congestion along SW 2"d Street may exist. This situation would be further exasperated if the existing church facility is utilized by another religious entity. To ensure that there will not be any detrimental impact on the neighborhood, approval of the new sanctuary should be conditioned that the existing church be retained as a support facility such as a fellowship hall for Ebenezer Wesleyan Methodist Church or if it is sold as an independent facility additional properties would have to be obtained to accommodate its parking needs. LDR SECTION 2.4.5[E) -REQUIRED FINDINGS: Pursuant to LDR Section 2.4.5(E} (5}, in addition to provisions of Chapter 3, the City Commission must make findings that establishing the conditional use will not: (a} Have a significantly detrimental effect upon the stability of the neighborhood within which it will be located; (b} Hinder development or redevelopment of nearby properties. The following table identifies the zoning designations and uses that are adjacent to the subject property: Planning and Zoning Board; ff Report Conditional Use Modification''= Ebenezer Wesleyan Methodist Churc~i`` Page 6 Zoning Designation: Use: North: RM Medium Densit Residential Sin le Famil ResidencelDu lex South: R-1-A (Single Family Residential) Existing Church and Vacant arcel Easf: RM Medium Densit Residential Sin le Famil ResidencelDu iex West: RM (Medium Density Residential) City Lift Station Facility (Duplex Residences The church has existed for some time and there have been no known conflicts with the surrounding neighborhood to indicate that the church had a significant detrimental effect upon the stability of the neighborhood or that it has hindered development in the area. While the proposed relocation of the church facility should not have a detrimental impact on the neighborhood, items of concerns are noted with respect to the availability of parking and potential traffic congestion if the existing facility is maintained as an independent church facility. Compatibility with the adjacent properties, specifically with the residences to the north and west of the main site and to the north and east for the off-site parking area can be enhanced through the installation of landscaping. Pursuant to LDR Section 4.6.16(H)(3}(e) the perimeter buffer requirement is increased to allow that 1 tree be planted every twenty-five (25} feet to form a solid tree line where any commercial or industrial areas abut a residential zoning district or properties in residential use. However, with the conditional use request, conditions can be imposed which exceed the standard code requirements. In addition to the solid tree line, a continuous hedge at least 4 '/~ feet in height at the time of installation should be provided and is noted as a condition of approval. Further if the potential negative impacts associated with traffic are mitigated as previously noted, approval should not negatively affect the neighborhood. Based upon the above, a finding can be made that the proposed use will not have a significant detrimental effect on the surrounding neighborhood or hinder development or redevelopment in the area. COMPLIANCE WITH LAND DEVELOPMENT REGULATIONS: In conjunction with the conditional use request, a sketch plan was submitted and has been reviewed by staff. If the conditional use is approved, a full site plan submittal complying with LDR Section 2.4.3 will be required. Based upon staff's review of the sketch plan, the following analysis is provided: Building Setbacks: Pursuant to LDR Section 4.3.4(K}, within the RM zone district, the minimum building setback requirements are: 25' in the front, side (street} and rear; 15 in the side interior for a 1 and 2 story building. The development proposal meets the minimum building setback requirements. Parking Pursuant to LDR Section 4.6.9(C)(6)(c), churches shall provide one parking space for every three seats provided in the sanctuary. Additional parking is not required for other uses on Planning and Zoning Board ' > ff Report Conditional Use Modification -Ebenezer Wesleyan Methodist Church Page 7 the church property such as Sunday School, Day Care, ar Preschool, etc. when such uses are operated as a part of, under the auspices of, the Church, The site data indicates that the new sanctuary will have 214 seats. Based upon the above, 72 parking spaces are required and 73 spaces are provided. However, modifications may have to be made to the driveways which will result in the loss of two parking spaces. However, the parking requirement will be met if the seating capacity is reduced from 214 to 213 seats. Compact Parking; Pursuant to LDR Section 4.6.9(C) {1) {g), up to 30% of the required parking far any use may be designated for compact cars. The development proposal includes twenty~one {21) compact parking spaces. This represents approximately 29% of the total spaces, thus meeting the requirement. Building Height The proposed structure will have a building height of 21 feet to the center of roof. The maximum height in the RM zoning district is 35 feet. Therefore this requirement is met. Open Space Pursuant to LDR Section 4.3.4(K), the minimum open space in the RM zone district is 25% _ The conceptual plan indicates that 35% open space will be provided. Other Items Stacking Distance: Pursuant to LDR Section 4.6.9{D)(3}(c)(1), the minimum distance between aright-ofi-way and first parking space or aisleway in a parking lot shall be 50` for parking areas that contain 51 or more parking spaces; 20' for parking areas that contain 21 to b0 parking spaces; and, 5' for parking areas that contain 20 or fewer parking spaces. While the required stacking distance is met for the parking lot located on the east side of SW 6t" Avenue, none of the entranceways for the lot located on the west side provide the required stacking distance. The applicant has submitted a waiver request to reduce the required stacking distances. As multiple entrances are provided the waiver is supportable. Waiver Analysis: Pursuant to LDR Section 2.4.7(B} (5}, prior to granting a waiver, the approving body shall make a finding that the granting of the waiver: {a) Shall not adversely affect the neighboring area; {b) Shall not significantly diminish the provision of public facilities; (c) Shall not create an unsafe situation; or {d) Does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. Planning and Zoning Board tff Report Conditional Use Modification= Ebenezer Wesleyan Methodist Church Page 8 The stacking distances at the entranceways to the church site are 5' (northernmost driveway on SW 6tn Avenue}; 13' (south driveway on SW 6th Avenue) and 23' for the driveway on SW 2"d Street. The provision of the required 50' stacking distance at all entrances would require the elimination ofi several parking spaces. Although there are multiple driveways, as it is anticipated heavy utilization of the northern entrance will occur on a regular basis, it would be appropriate to require additional stacking at this entrance. A minimum stacking distance of 20' should be provided. A waiver to Tess than 20 feet will adversely affect the neighboring area and has the potential to create backups onto the adjacent rights-of-way and affect the delivery of public services. The 20' stacking distance could be accommodated by eliminating one parking space on the south side of the driveway, eliminating one space on the north side and converting the handicap space to a regular space. With the reduction of two spaces, the total number of parking spaces are below 50 which would reduce the stacking requirement for each entry to 20 feet eliminating the need for waivers for the southwest driveway (23 feet provided} nor the modified northeast driveway (20' provided). However, the lost of two parking spaces will require a reduction in the seating capacity from 214 to 213 seats (71 spaces x 3 = 213 seats). Under this scenario, only one waiver for the southernmost aisleway to 13 feet would be required. It is appropriate to support the waiver given the number of driveways to the site. The reduction will not result in the creation of an unsafe situation with respect to public safety. Further, the waiver will not adversely affect the neighboring area, and will not affect the delivery of public services. The waiver will not result in a special privilege as similar waivers have been approved in similar circumstances. Consequently, positive findings with respect to LDR Section 2.4.7(B} (5) can be made. Right-of-Way Dedication: Pursuant to LDR Sections 5.3.1 (A} and (D}, the following table describes the required rights-of-way and the existing rights-of-way adjacent to the subject property: Ri itt-of-Wa Required Existin Proposed Required Dedication SW 8 Avenue 60' S0' 50' 0' SW 2" Street 60' S0' 50' 0' Pursuant to LDR Section 5.3.1 (D}(4), a reduction in the required right-of-way width or existing streets may be granted by the City Engineer upon favorable recommendation from the Development Services Management Group (DSMG}. The City Engineer and DSMG considered the reductions and recommended the reduction of rights-of-way fior SW Stn Avenue and SW 2"~ Street to the existing 50' widths. Undergrounding of Utilities: Pursuant to LDR Section 8.1.8, utility facilities serving the development shall be located underground throughout the development. Given the proposed development of the property, it is appropriate to require the under grounding of these utilities including those distribution lines and service lines at this time and is attached as a condition of approval. Planning and Zoning Board ` ' ff Report Conditional Use Modification-Ebenezer Wesleyan Methodist Church" Page 9 REVIEW BY OTHERS Community Redevelopment Aaenc The Community Redevelopment Agency considered the conditional use request at its meeting on April 14, 2445 and recommended approval. Site Plan Review and Appearance Board: If Conditional Use approval is granted, a full site plan submittal will follow. Final action on the site plan submittal will rest with the SPRAB (Site Plan Review and Appearance Board}. The site plan must accommodate concerns raised through the conditional use petition and address the issues identified in this report. Courtesy Notices: Courtesy notices have been provided to the following homeowner's and civic associations: ^ PROD (Progressive Residents of ® Ebony of Defray HOA Delray} ® Merritt Park HOA © Presidents Council ® Allamanda Gardens Public Notice: Formal public notice has been provided to property owners within a 540' radius of the subject property. Letters of objection and support, if any, will be presented at the Planning and Zoning Board meeting. ASSESSMENT AN6'CONCLUSION The conditional use request is to construct a new 6,575 square foot sanctuary to accommodate a seating capacity of 214. Concerns with respect to the re-use of the existing sanctuary and the potential negative impacts on parking and traffic congestion would be avoided if the existing building is retained as support facilities by the church. The proposed conditional use is consistent with the policies of the Comprehensive Plan and Chapter 3 of the Land Development Regulations. A positive finding with respect to LDR 2.4.5(E}(5) (Conditional Use Findings} can be made provided that the concerns noted herein are addressed with the submittal of the site plan. ALTERNATIVE ACTIONS A. Continue with direction. B. Move a recommendation of approval of the conditional use request for Ebenezer Wesleyan Methodist Church, by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Planning and Zoning Board ' ff Report Conditional Use Modification`-- Ebenezer Wesleyan Methodist Church Page 10 Comprehensive Plan and meets criteria set forth in Sections 2.4.5(E) (5), and Chapter 3 of the Land Development Regulations, subject to conditions. C. Move a recommendation of denial of the conditional use request for Ebenezer Wesleyan Methodist Church, by adopting the findings of fact and law contained in the staff report, and finding that the request is inconsistent with the Comprehensive Plan and does not meet criteria set forth in Sections 2.4.5(E) (5}, and Chapter 3 of the Land Development Regulations. RECOMMENDED ACTION Recommend approval of the conditional use request for Ebenezer Wesleyan Methodist Church, by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets criteria set forth in Sections 2.4.5(E) (5}, and Chapter 3 of the Land Development Regulations, subject to conditions. 1. That a site plan be submitted that is in general conformance with the sketch plan and addresses the concerns and technical items contained within this report and attached as Appendix A. 2. That the seating capacity is limited to 213 people. 3. That the existing church facility be retained as a support facility to the Ebenezer Wesleyan Methodist Church. 4. That the existing overhead distribution and proposed service utility lines are placed under ground. 5. That one (1) tree be planted every twenty-five (25} feet to form a solid tree line and a continuous hedge 4'/2 feet in height at the time of installation be installed within the landscape perimeter buffer areas adjacent to the residential use areas i.e. north and west sides for the main sanctuary site and east and north sides for the off-site parking areas. 6. That driveway stacking modifications be made to the northeast driveway by eliminating one parking space on the south side of the driveway, eliminating one space on the north side and converting the handicap space to a regular space. 7. The recorded Unity of Title does not include a portion of the west site, A revised Unity of Title between the off-site parking area and the main site shall be recorded. By Separate Motion: Waiver: 1. Recommend that the City Commission approve a waiver to LDR Section 4.6.9(D)(3}(c)(1 }, to reduce the required stacking distance for the southernmost driveway from 20' to 13' based on positive findings with respect to LDR Section 2.4.7(6)(5), Waiver Findings. Attachment: © Appendix "A" © Sketch Plan ® Building Elevations ® Floor Plan Planning and Zoning Board ._' ,ff Report Conditional Use Modification -Ebenezer Wesleyan Methodist Church- Page 11 APPENDIX "A" 1. Sign location should be indicated. 2. A minimum separation of 5 feet is required between the building and the handicap parking spaces on the west side of the building. 3. Site lighting is required pursuant to l_DR Section 4.6.8. and is to be noted on the site plan. 4. 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N cii ERR. 3RD SUBJECT EBENEZER WESLEYAN PROPERTY O METHODIST CHURCH LOCATION MAP MEMORANDUM TO: Mayor and City Commissioners FROM: CANDI N. JEFFERSON, SENIOR PLANNER PAUL DORLING, AICP, DIRECTOR OF PLANNING AND ZONING THROUGH: CITY MANAGER DATE: October 14, 2010 SUBJECT: AGENDA ITEM 9.C. -REGULAR COMMISSION MEETING OF OCTOBER 19, 2010 WAIVER REQUEST/ 909 SOUTH OCEAN BOULEVARD ITEM BEFORE COMMISSION Consideration of a waiver to reduce the required sight visibility triangle from 10' to 2' for a clear line of sight between three feet (3') and six feet (6') in the area formed along both sides of the driveway intersecting the property line at 909 South Ocean Boulevard associated with a new single family residence within the Ocean Overlay District. BACKGROUND Waiver Reduests LDR Section 2.4.7(B~(5) Findin~s~. Pursuant to LDR Section 2.4.7(B)(5), prior to granting a waiver, the approving body must make a finding that granting the waiver: (a) Shall not adversely affect the neighboring area; (b) Shall not significantly diminish the provision of public facilities; (c) Shall not create an unsafe situation; and (d) Does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. The applicant is requesting relief from the requirement for a clear line of sight between three feet (3') and six feet (6') within the ten foot (10') sight visibility triangle. Since the property line is 34' from the driveway intersection with the roadway of South Ocean Boulevard, and there are no future expansions of roadway width anticipated, there is adequate visibility for vehicles entering and existing the site. There is a 2'0" x 2'0" concrete pier measuring 6' in height with an attached T 10" swinging gate proposed within the required 10' sight visibility triangle (within 2' of the property line). This prevents the clear line of sight from 3' to 6' between 10' and 2' in this required sight triangle. The purpose and intent of these triangles is to provide sufficient view corridors for safe interaction of vehicles and pedestrians at intersections. As the intersection of the drive and the road is 34' west of the property line in this case, site triangles at the ~ro~erty line serve no purpose. There is justification to grant the waiver as the purpose and intent of the LDR's is fulfilled. The elimination of the 10' sight visibility triangle at the intersection of the driveway and the property line for 909 South Ocean Boulevard will not negatively affect traffic flow, nor present a danger to vehicular traffic or pedestrians. Granting the requested waiver will not have an adverse affect on the neighboring area, diminish the provision of public facilities, or create an unsafe situation. This waiver would also be supported under similar circumstances and therefore will not result in the granting of a special privilege. Consequently, a positive finding with respect to LDR Section 2.4.7(B)(5) can be made. RECOMMENDATION Move approval of the waiver request to LDR Section 4.6.14(B)(1) to reduce the requirement for a ten foot (10') sight visibility triangle at the intersection of the driveway and the property line from 10' to 2' for 909 South Ocean Boulevard, by adopting the findings of fact and law contained in the staff report, and finding that the request is consistent with LDR Section 2.4.7(B)(5). IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA WAIVER REQUEST RELATING TO THE SIGHT VISIBILITY TRIANGLE ASSOCIATED WITH THE CONSTRUCTION OF ANEW SINGLE FAMILY RESIDENCE AT 909 S. OCEAN BLVD. ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA 1. This waiver request to reduce the clear line of sight requirement pertaining to the sight visibility triangle associated with the construction of a new single family residence at 909 S. Ocean Blvd. has come before the City Commission on October 19, 2010. 2. The Applicant and City staff presented documentary evidence and testimony to the City Commission pertaining to the waiver request. All of the evidence is a part of the record in this case. Required findings are made in accordance with Subsection I. I. WAIVER TO SIGHT VISIBILITY TRIANGLE: LDR Section 4.6.14(8)(1) provides a requirement for a ten foot (10') sight visibility triangle. The Applicant is requesting to reduce the requirement for a ten foot (10') sight visibility triangle from ten feet (10') to two feet (2'), stating as justification, "The purpose and intent of these triangles is to provide sufficient view corridors for safe interaction of vehicles and pedestrians at intersections. As the intersection of the drive and the road is thirty four feet (34') west of the property line in this case, site triangles at the property line serve no purpose. We believe there is justification to grant the waiver as the purpose and intent as written in the LDR's is fulfilled." Pursuant to LDR Section 2.4.7(8)(5), prior to granting a waiver, the approving body shall make a finding that the granting of the waiver: (a) Shall not adversely affect the neighboring area; (b) Shall not significantly diminish the provision of public facilities; (c) Shall not create an unsafe situation; and, (d) Does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. 1 Does the waiver request to reduce the requirement for a ten foot (10') sight visibility triangle from ten feet (10') to two feet (2'), meet all of the requirements of 2.4.7(6)(5)? Yes No 3. The City Commission has applied the Comprehensive Plan and LDR requirements in existence at the time the original development application was submitted and finds that its determinations set forth in this Order are consistent with the Comprehensive Plan. 4. The City Commission finds there is ample and competent substantial evidence to support its findings in the record submitted and adopts the facts contained in the record including but not limited to the staff reports, testimony of experts and other competent witnesses supporting these findings. 5. Based on the entire record before it, the City Commission approves denies the waiver request to LDR Section 4.6.14(8)(1). 6. Based on the entire record before it, the City Commission hereby adopts this Order this 19th day of October, 2010, by a vote of in favor and opposed. ATTEST: Chevelle Nubin, City Clerk Nelson S. McDuffie, Mayor 2 >~ --~_ ~_ a --~ P ~ ,~ a _ ~ B i 1 T _ ti _ STATE ROAD q. q ~~~ = a„ a - {STATE ROAD 740) ®: ~~ A rGa FS~~ 7A~r cev+sRr~cs a-ra =a _ ` - _ _ Ua;m ~^~ _ _ _ xr~ ___.___~_ .oma y -.0, i~"~ L ~ ..~ F~ ,^ ~ - ~' - - _ ._ ~_..... y ~ fI I -n I i ~ x 4 a ~ ~ V _.._......_._ I -' ..----~-~- a ~ ~~ ~ ~ ~ ~ ~°' _~ ~ ~ e ~~ - - - - ~A ~~ ~ Ids ~~ ~~ - - ~s ~~ _.__ . ~ ~ --- - O~ 6~ ~~ ]R~ ; -, 7m ^-- m~ i os •L r II ill e :ee I I -------- ----- m I R I ~ ~ m \ ~ ~ ~ ; ~ ~ ~ a m I ~~ ~ I s~ Y f ~ T f I I 34,_3„r~.w ~z New~rr -~ FiEAN I'vOOx HEIGHT hIAX 35' T-- I uwrsbr cabs wnw rw.~wr c+aaoe - ~ I ~¢ ___'_~_ ~, ~», " IYiel *I ~ I ~ .... I ~ ~ ' '~~ € ~ ~ r, m I ~ o ~~ n ~ ~ 6 ~~ IS'-d" I ~ . , ~F be*~auc~~ Ism --~--~ ~~ mn > fm m~ d~ -_ ~Clll o ~h sEiOaczb ' ` l _`- d i a~ - _ _ - I Am I 3 n e~ ~~ rP 3 I I i I~ I I ~~ I I r `', I ~ 1 A I 7 f F I ~ I I ~ I ~ ~ I ~ e I I '9 $ I o L ~ I I I I om ~0 I5'-d" n swe b~+aa« ~~ z p i o A NBw AEAID6NCE FOA: KARNe CANErAUC170N, 7NC. ~ ~ OA4 - a = ~~ BOB &. COOKIE BECK 683 OC3$TDN 3T. SUITE ABaB E'!"~¢ );nt~c ~riscs Inc. _ ~ ~~' .R 999 8. OCEAN BLVD. DELEAY BEACH weer YALFf sencR, rl,oAUiA --~ `'` ~„„ [8 3 s ~ PALM BEACH COUNTY, FLORIDA ~~~"~cse ~"b. rorc.~a~e,.~ assiaor var wnwi. r~,sr _nnn~,vawvaasx.cu„ MEMORANDUM TO: Mayor and City Commissioners FROM: CANDI N. JEFFERSON, SENIOR PLANNER PAUL DORLING, AICP, DIRECTOR OF PLANNING AND ZONING THROUGH: CITY MANAGER DATE: October 14, 2010 SUBJECT: AGENDA ITEM 9.C.1 -REGULAR COMMISSION MEETING OF OCTOBER 19, 2010 REQUEST FOR SIDEWALK DEFERRAL/ 909 SOUTH OCEAN BOULEVARD ITEM BEFORE COMMISSION The item before the City Commission is the approval of a sidewalk deferral for the property at 909 South Ocean Boulevard. BACKGROUND The subject property contains 1.10 acres of vacant land. It lies within the Ocean Overlay District and is located on South Ocean Blvd, just south of Bauhinia Road and north of Hibiscus Road at 909 South Ocean Boulevard. The property is zoned Single Family Residential (R-1-AA) and the applicant proposes to construct a new single family residence with a swimming pool and fountains. The owner wishes to defer construction of a five foot (5') sidewalk adjacent to the right-of-way. No other sidewalks exist on the east side of South Ocean Blvd (State Route AlA). At its meeting of July 15, 2010, the DSMG supported the sidewalk deferral. Pursuant to the agreement, the owner will construct the sidewalk along South Ocean Boulevard at its sole cost and expense at a later date, after being requested to do so by the City. The agreement has been reviewed by the City Attorney and has been approved as to form. RECOMMENDATION Move approval of the agreement to defer construction of the sidewalk along South Ocean Boulevard for the property located at 909 South Ocean Boulevard. Prepared By: itETURN'TO: R. Brian Sluitt, Esq. City.Att©rney's Office 24(3 N.W. 1 st Avenue.. De[ray Beach, Florida 33~4~ A~Ri~liJMEI~T F®~. SI~3E~ALK I~PR®V)G1V1<El~d~`S THIS AGREEMENT entered into this day of , 2~ _, between the City of Delray Beach (hereinafter the City) and ~ Robert A. Beck, II & Louise R. Beck~_(hereinafter the Owners), for the purpose of waiving the ~-equirernent of the installation of a sidewalk aiorag 9Q9 S, Ocean Blvd. until such time as the City requests the construction of the sidewalk by the Owner: i WI-iEREAS, Land Develapnnent Ttegulation Section 6.1,3(0) requires the installation of a sidewalk, within the. S. Ocean Blvd.. t°ight-of way imulediately abutting the subject property; by the Owner prior to the issuance of a certificate of occupancy; and, WHEREAS, the Owners have requested a waiver from the requirenraent of the installation of a sidewalk pursuant to Land Development Regulation Seetiori G.13(D)(1j(b); and, WHEREAS, in order to provide conformity along the street the. City Commission voted to waive the requirement for the installation of a sidewalk until such time as the City requests the Owner construct the sidewalk. Page I of3 WITNESSETH NOW, THEREFORE, iii witness of the above and its consideration of the City agreeing to waive the requirement fo~• the installation of a sidewalk, at this tune, for the property located at: 909 S. C)ceaaa Blvd., Delray .Beach TURTLE BEACI-I PLAT LT2 LESS N 100 FL & 21-46-43 5.50 FT OF N 2Q45 FT OF GOV LT 1 LYI` E OI' SE ADS TO 1. The Owner agrees to construct a sidewalk, at its sole cost and expense, along- the S. Ocean Bvld right-off way abutting the subject prope~~ty, within a time period that is acceptable to the City, after being requested to do so by the City, The sidewalk, when constructed, shall meet all of the current ©rdinanees of the City of Delray Beach. 2. It is the intent of the parties that this Agreement shall run with the land. This F~greement shall be recorded in the public records of Palrr~ Beach County, Florida and shall be binding on the parties legal re~iresentatives, heirs, successors and assigns. IN WITNESS WHEREOF, the parties to this agreement yet their hands and seals this day of , 20 _. ATTEST: CITY OF DELRAY BEACH, FLORIDA City Cleric Approved as to form and sufficiency: City Attorney By: Mayor ~a~~ 2 ~f3 WITNESSES: ~ ~ ~' ~ _~ , ~ (Please type or print name} ~. ~.~~' ~~ ~- ~ ~~- (Please type or print naive} STATE OF 1~C~'~-~ , OWNER: ~ /`/ ~- ~ ~ , . ~, By: ~ ~"~:. [~ ~ ~,_: m.w' I/ ~ By: ~ -~-, ..._,~ COUNTY OF ~~~.,~ ~°, ~~:~~ n} BEFORE IvIE personally appeaz•ed ~C~-~~-~ ~J~ ~-~~ ~-v~.--~~~. ~~~'C~who [is] [are] personally known to me or [has] [hare] produced .:~~-~'~y°~-~ e.,(.~'~x...-+,.~~-s7, ~ ~ [and , respectively] as identification, and who executed the foregoing instrument, and acltnowledged before me that [hey [she] [they] executed said instrume~xt for the purposes expressed therein. WITNESS rnyhand and official seal this ~ day of `~~~ ~ , ~0 fC~ My com3nission expires; ~~~-{-P Notary Public (signature) ~ _ G;rltYile•~ st iT~~t~~~~} (Sear ~'-~~~~=r ia~ r~ I4 ~3i~e.,: e~~':Et. ~7, 213 =:x, agVside~val€c deferral agreement Page 3 0~•3 >~ --~_ ~_ a --~ P ~ ,~ a _ ~ B i 1 T _ ti _ STATE ROAD q. q ~~~ = a„ a - {STATE ROAD 740) ®: ~~ A rGa FS~~ 7A~r cev+sRr~cs a-ra =a _ ` - _ _ Ua;m ~^~ _ _ _ xr~ ___.___~_ .oma y -.0, i~"~ L ~ ..~ F~ ,^ ~ - ~' - - _ ._ ~_..... y ~ fI I -n I i ~ x 4 a ~ ~ V _.._......_._ I -' ..----~-~- a ~ ~~ ~ ~ ~ ~ ~°' _~ ~ ~ e ~~ - - - - ~A ~~ ~ Ids ~~ ~~ - - ~s ~~ _.__ . ~ ~ --- - O~ 6~ ~~ ]R~ ; -, 7m ^-- m~ i os •L r II ill e :ee I I -------- ----- m I R I ~ ~ m \ ~ ~ ~ ; ~ ~ ~ a m I ~~ ~ I s~ Y f ~ T f I I 34,_3„r~.w ~z New~rr -~ FiEAN I'vOOx HEIGHT hIAX 35' T-- I uwrsbr cabs wnw rw.~wr c+aaoe - ~ I ~¢ ___'_~_ ~, ~», " IYiel *I ~ I ~ .... 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PLANNING AND 20NING AERIAL MAP DEPARTMENT (Note: Lots have been replatted and houses have been demolished) ~ ion, -- OrGITiII 84SE AMP SYSTEM -- U:\AutoC.AD\Douq Smith\qQq 5. Oeeon BlvdJurial MEMORANDUM TO: Mayor and City Commissioners FROM: Robert A. Barcinski, Assistant City Manager THROUGH: David T. Harden, City Manager DATE: October 12, 2010 SUBJECT: AGENDA ITEM 9.D. -REGULAR COMMISSION MEETING OF OCTOBER 19, 2010 APPEAL DENIAL OF SPECIAL EVENT PERMIT/ WRMF NO SNOWBALL EVENT ITEM BEFORE COMMISSION Commission is requested to consider an appeal of staff's denial of a permit for the proposed WRMF No Snow Ball Event submitted by Mike DeAtley, General Manager of Boston's on the Beach. Commission is requested to approve a permit for the event proposed to be held on December 4, 2010 from 6:00 p.m. to 10:00 p.m., to grant a temporary use permit per LDR's Section 2.4.6.(F) for the closure of A-1-A from Atlantic Avenue to just north of the Boston's property line, to approve staff support for traffic control, security, barricading assistance, trash removal, clean up, trash boxes and the use of the City's portable generator. BACKGROUND The original application was received September 13, 2010 and was reviewed by staff. Per the Special Event Policies and Procedures, this would be the fourth Intermediate event in a month where we also have a Major event. The limit is three per Section III G of the Event Policies. Events in December include: Tree Lighting/Art & Jazz on the Avenue, Holiday Parade, Kids Day at the Tree, Howard Alan New Years Eve Craft Show and First Night. The appeal letter, staff's denial letter, event application, site plan and budget are attached. The estimated costs for this event are $2,570 for overtime, $250 for signage and $90 for trash boxes, for a total of $2,910. Per Event Policies and Procedures, the event producer is required to pay 100% of City costs. The event producer will be responsible for managing the event and providing their own stage. RECOMMENDATION Staff recommends consideration of the appeal waiving the restrictions on the number of Intermediate events in a month, per Section III (G) of the Event Policies, approval of the temporary use permit for the closure of A-1-A as requested and approval of the staff support. If Commission agrees to approve, we request that these waivers be given on a case by case basis, based on the merit of the event or direct staff to revise the Policies. r ' ,~~ r: + " ~~~~ SF~ 2 3 201 ABMlNISI•RATIVESERMCES Mr. David Harden City Manager City of Delray Beach Mr. Harden, September 22, 2010 I received the Letter declining our application for a Special Event on ~~ecemher 4'~`, and wish to ask the City to reconsider this decision. I understand the statute was changed at the Commission meeting the week before our application was submitted, however our event has bee~~ in the planning stages for several months at this point. l believe our event is the only one East of the Bridge, and the impact on City staff services should be fairly miniu~al, We would ask at this time for a special exception to Section III. on page 2 of the Policies and Procedures for FY10-1 I Please don't hesitate to contact the with any questions or concerns at SG 1.44I.4445. Thank you in advance for your assistance. Sincerely, f,. 2~ ` J Mark DeAtley General Manager Boston's on the Beacl~lLJpperdecK Restaurants 4 South Ocean E31vd. Delray each, Florida 33483 www,bo onsonthebeach,com Phone (561) 278-3364 FAX (561) 278-3328 C~TM ~~ ~~~ ~~ a~~.rzAV s~ac~ F L D & l P h Alf-America City ~gs3 soot 10D N.W. 1st AVENUE September 16, 2010 Mr. Mark DeAtley, General Manager Boston's on the Beach 40 South Ocean Blvd. Delray Beach, FL 33483 RE: Special Event Request, VVItNIF NO SNOW BALL December 4, 2010 Dear Mr, DeAtley: We are in receipt of your Special Event Permit Application for the WRMF NO SNOW BALL scheduled for December 4, 2010. Due to the' changes iu the Special Events Policies and Procedures passed by Commission at the September 7, 2010 meeting, I am denying your event request. Section III (G) on page 2 of the Policies and Procedures states: DEL RAY BEACH, FLORIDA 33444 56#1243-700D Only three (3j intermediate events will be allowed in a month where there is a major event and only four (4) will be allowed in a month without a major event. There az•e already three (3) intermediate events and one (lj major event scheduled foz• the zrzonth of December. If you would like to have your event on your o~vn propez-ty as you did last year that would be acceptable since it would then be considered a private event. You may appeal this decision within twenty (20) days in writing to the City Manager. I am returning your application packet, check and enclosed a copy of the Special Events Policies and Procedures for FY10-11. If you have any other questions, I can be reached at 561-243-7011. 5 incerely, ~~ Robert A. Barcinski Assistant City Manager RAB/db Attaclunent U:~~rwdata\E~ents\WRMF No Snoty Bai~ltr to Mr. DeAtley re Deny WRMP No SNOW SALL2D14.dot ERV?"CE ° ~~RFORl~",AI•JCE ~Nl'EGRi.rY ~ESPOI•.STf3~~ ~Nt~oVAT?VE ° ~E~tMVJORK '= City of Delray Beach ~ ~ ' ```` - S ecial Event Permit ~ _ _- p - Application ~: ~ ~~~ ~ ~ ~ ~.~ ~' ~ -` - ~4 PLEASE TYPE OR PRINT ~.~~ - Event NarnelTitle: ~ R M F ~ o s ~ o~ ~ ~.~ Event Da#e(s}; ~ a ~ ~ Times: ~ '~ ~ ~ Event SponsorlProducer: ~~~ ~ NS ~N?~ ~~ Event ContactlCoordinator: Qil ~ L~ Name: IMA11K .J~~f~l1"t. Address:~5,~ Telephone Number: ~~ E-mail Address: l~AQ1C. Event Descri llular umber: -rah t • i°t r(t CAP L~ ~ t'~~.s , Ca ~t ~~~V ~ ~ 201Q i 17~u by -_ ~ - - Brief History of Event (If ap licabie}: , SN ~ '~' V vuy vs Uw ~QGt~t~n5 J a~ ! al.~ -h7 ~ii2n~v Pa~~Z ~ ~ ~ -~n v s ~ Planned Activities (outline of activitieslnumber of activities, i.e. entertainment, children's rides, games, other programs): Number of Individuals Served Previous Year (if applicable}; ID~C~ the targeted,pppulatiop and expected attendance: 00 - 3t~-a0 Describe how the program ar project addresses community needs: Describe your MarketinglPromotions Program {How will you marketlpromote, i.e. TV, radio, posters, flyers, web sites, other}: V~ f ~ 1 Sponsor Category (please check} City ^ Nan-ProfitlCharitable ^ Private,`( Co-Sponsor --Nan-PrafitlPrivate a Site plan attached:. yes V ~ na ~ . (Site plena required far entire event site. Include locations of tents, stage, portalets, dumpsters, portable lighting, an'd barricade location if applicable.) Rental of Old School Square; Yes n0 ~' {If yes, attach proof of approval} Private Property Use: yeS no- ~--.~ (If yes, attach letter giving authorization from property owner) Event budget attached; yes ~ no (Required far all events) Previous year RevenuelExpense summary attached: yes no ~ tiv~ ~,v, -~^~ {Required for all events) Da you have cash sponsors for the event: yes no {Indicated on budget} Do you have inkind sponsors for the event: yes ~ no. {Indicated on budget) C:lbocuments and Settingsll.isilI3esktaplSpecial went Permit Applicatimi FMAL 4.6.67.doc (If lYan profit attach pravf of SO.Ic(3), c(4), c(6), C(10), or c(19) or (d) Event Location {Describe area boundaries of eventJlocation): Sexving<or selling alcoholic beverages: yeS ~ --- ' ' n°------~-~' (If yes, copy of license and alcohol liability insurance required trvo (2) weeks prior to evetlt) Event certificate of insurance attached: yesr.~ n°- ~--- (Required two (2) weeksprior to evetlt natrting the City as additional insured, also required for vendors) Playing of amplif"ted music: yes ~ no_..~_. (Waiver required) Will there be entertainment: yeses nom (lf yes, attached list of Performers andlor DJ's) if yes, sponsor agrees all entertainment will be amity oriented and contain no obscenities: yes na Requesting Police assistance: yes n0------- {traffic control/security) ' / Will supplement with private seeurity:~ yeS y n° (If yes, need plat! attached) / Requesting Emergency Medical assistance: yeses no Requesting barricade assistance: {If no, how are you handling?) yes ~ no____--____ yes yes____~ Requesting trash removallclean up assistance: (Will be billed to sponsox) Requesting trash boxes/containers and liners: Requesting stage use: (lf yes, claeclc type) Large stage (1~' x 36') yes no no__________ nom Q Small stage {16' x 21') n Half small stage (8' x 21') ~ Requesting signage: yeS no~ Type: ~'x4'lavent sign_ Parking Signs Banner hanging, _ Indicate dates required (Waiver requited if ttlore tllart one (1) weelc prior to evettt) Re uestin City Portable Generator: yes ~` n0 q g {lf yes, size & power) Food and beverage vendors: yeses no If yes, approximate number (Health Department approval required) yes no C:lt3ocuments and SettingslLisill]eskioplSpecial Event Parmit Application FINAL 9.6.07.doc Other vendors: Yes ~ n°- - (Indicate type} Tents: yes no_ rf yes, Soty many What size oY size er q ' eurr d (Xf yes, tent petyrrits and fire inspections may be needed) . no /~ Will the event include amusement rides: yes ~If yes, type and location and copy of liability insr~rance required, also requires state license and inspection.} Will the event be gated: (Show on~site map) yes no~ Will there be a charge for the event: (aTf yes, indicate ticleet prices) yes no~ t/ Will there be fireworks or other pyrotechnics: yes no (.If yes, contact Fire Marshal to obtain and complete permit application) Will there be cooking with compressed gas: yes /~ no_________._ (If yes, contactTire Marshal for inspections) Will yon be providing port-a-lets for the event; yes no (.If yes, locate on-site wrap, if no, indicate liow you will handle restroorrt needs) es no Is reserved parking requested; Y (.lf yes, indicate locations and patrpose for use) Event Permit Attael}~-tints: t/ RevenuelExpense Budget ~-- RevenuelExpense Recap Last Years Event -Site Plan _~/ Letter Requesting Noise Ordinance Waiver Letter Requesting Waiver Consumption Alcohol Beverages ~ ,A~,~-. Proof ofNon-Profit Status General Liability Insurance Certificate Alcohol Beverage Liability Certificate ~~„Proof of Rental Agreement or Authorization Letter from Private Property Owner Hold Harmless Agreement Submittal Date Requirements: • Minor Event 4S days prior to event Intermediate Event 90 days prior to event Major Event 120 days prior to event • Neighborhood Block Party 30 days prior to event C:ll7ocun~ents and Settingsll.isili3esktoplSpectai Event Permit Application FINAL 9.b.O7.doc event CantractorlCoordiggtor Please print: ~L rD~r L~ ~ 13 ~ Date Please enclose the appropriate non-refundable application fee payable to the City of Delray Beach, lOp N.W. lst Avenue, Delray Beach, Florida 33444. Required with permit application. For Staff Use Ortly d ~d , -~ Date Received 9 ~ Application fee received .~. C:1Dncuments and SettingslLisilBesS<mplspeciat Event Permit Application PINAL 9.6.Q7.doc 0 0 ~ 0 0 oO 0 0 M 0 0 ~ 0 0 `O 0 0 O 0 0 in 0 ;n N 0 o r 0 in +r 0 o o~0 0 0 [M~E 0 0 M 0 0 N i Z O m O J ~ EIJ J m Z ~ ~ ~ ~ w ~ ~ Z ~ Z ~ Q g Q ~ ~ cL ~ ~ ~ p Y p a CC V U? ¢ ill © ~ n- ~ W ° ' ~ ~ 7 T o Q Q E!! o ° ls. ~ ~ ¢ ~ ~ o ~ ° o ~ o x o O O o o o Z W U3 (n ~ oI3 EY_ Z ~ LL fA EL m W h I- p..' lL _! Z Fram: Strianese, Anthony Sent: Thursday, October 14, 2010 4:46 PM To: Harden, David Cc: Barcinski, Robert; Mitchell, Thomas; Milenkovic, Joseph; Jacobson, Richard; Finley, James K. Subject: FW: CostEstWRMFNOSNOBALL 12-4-10.doc Mr. Harden I support moving forward with this event request and I am confident that PD can staff it with no negative impact to our staffing. Chief From: Mitchell, Thomas Sent: Thursday, October 14, 2010 4:15 PM To: Strianese, Anthony Subject: CostEstWRMFNOSNOBALL 12-4-10.doc MEMORANDUM TO: Mayor and City Commissioners FROM: Robert A. Barcinski, Assistant City Manager THROUGH: David T. Harden, City Manager DATE: October 12, 2010 SUBJECT: AGENDA ITEM 9.E. -REGULAR COMMISSION MEETING OF OCTOBER 19, 2010 SPECIAL EVENT REQUEST/ HOWARD ALAN 4TH ANNUAL DOWNTOWN DELRAY BEACH NEW YEAR'S CRAFT FESTIVAL ITEM BEFORE COMMISSION City Commission is requested to endorse the 4th Annual Downtown Delray Beach New Year's Craft Festival sponsored by Howard Alan Events, Ltd. proposed to be held on December 26-27, 2010 from 10:00 a.m. to 5:00 p.m., to grant a temporary use permit per LDR's Section 2.4.6.(F) for the closure and use of NE 2nd Avenue from the alley just north of Atlantic Avenue north to approximately 400' north of NE 3rd Street, to provide staff support for traffic control, barricading inspection, and fire inspection services and to waive Section III (G) of the Event Policies and Procedures to allow this event. BACKGROUND Attached are the event permit application, site plan and budget. The event sponsor will be responsible for event management, clean up, security, dumpsters, providing barricades and event signage. City staff will inspect and prepare the barricade plan. The event sponsor will utilize private security for day and night, which will minimize our staff support costs. Total estimated City costs for this event are $5,280. Per event policies and procedures the event sponsor is responsible for the payment of all City costs. The Old School Square Garage, as well as City Hall Parking lots will be used for event parking at a $5.00 charge. The Hand's lot or the dirt lot on NE 1st Street will be used for vendor parking. We have received the Certificate of Liability Insurance and Hold Harmless Agreement. We have received a letter from the property owner indicating no objection to blocking the street in front of his properties at 280 and 290 NE 2nd Avenue and arrangements will be made for his tenant parking. This event also would need a waiver by Commission to the Event Policies and Procedures to allow this event since this would be the fifth Intermediate event of the month. The limit is three per Section III G of the Event Policies. RECOMMENDATION Staff recommends consideration of a waiver to the Event Policies and Procedures, Section III (G) to allow this event since it has been in existence for three (3) years and it uses private security, granting of the temporary use permit for the street closure on NE 2nd Avenue from the alley just north of Atlantic Avenue to approximately 400' north of NE 3rd Street, providing staff assistance for traffic control, barricading inspection, fire inspection services, and allowing the event signs to be installed fourteen (14) days prior to the event, with all overtime costs to be paid by sponsor. MEMORANDUM TO: Mayor and City Commissioners FROM: Robert A. Barcinski, Assistant City Manager THROUGH: David T. Harden, City Manager DATE: October 13, 2010 SUBJECT: AGENDA ITEM 9.F. -REGULAR COMMISSION MEETING OF OCTOBER 19, 2010 SPECIAL EVENT PERMIT AND WAIVER / SUPERCAR EXPERIENCE ITEM BEFORE COMMISSION City Commission is requested to waive Section III (F) of Event Policies, which does not allow an Intermediate event on the same day as a Major event. Commission is also being requested to approve the Supercar Experience Event produced by Dr. Hans Reinisch proposed to be held on February 19, 2011 from 9:00 a.m. to 11:00 p.m., on the grounds of Old School Square and the Old School Square Park, to grant a temporary use permit per LDR's Section 2.4.6.(F) for using the parking spaces on the west side of NE 1st Avenue for valet parking and to provide staff support for traffic control, security, EMS assistance, barricading assistance, use of the small stage, event signage and use of a City generator. BACKGROUND Attached is a special event permit application, summary letter, budget, site plan, economic impact indicator and an overview of what the Supercar Experience is. The event producer will fence off the site, have food and beverage vendors, entertainment, sell alcoholic beverages and provide overall management of the event. This is an upscale event where the day portion will have on display various exotic race cars and international race vehicles. At approximately 4:30 p.m., the site will be shut down to the general public and a VIl' party will last from approximately 7:00 p.m. to 11:00 p.m. Costs for staff overtime are approximately $4,890, signage $250, trash boxes $70, park rental $1,807, and use of small stage $266, for a total cost of $7,283. Per Event Policies, the event producer will be required to pay 100% of our costs. The waiver is needed since this event will take place on the same day as the ATP Tournament. Originally I had concerns about parking and staffing the event with the tournament going on as well as two (2) shows at Old School Square. All the parties met and they agreed that we can work together to resolve parking issues. In addition, as I understand it, Mr. Reinisch is working with Mark Baron on cross promotional opportunities. The event sponsor has signed rental agreements with Old School Square and the City. RECOMMENDATION Staff recommends consideration of approval of the policy waiver, approval the event, granting the temporary use permit for a valet queue, and approving staff support as requested, signage and the use of the small stage and a City generator. ~~{~® SAP 28 2D1~ ApMII~ISTRATIV~ S~RVI C~5 SUPERCAREXPERIENCE Delray Beach PERMIT PROPOSAL Event Date FEBRUARY 19th 2011 submitted by Dr, Hans Reinisch Far SCX, LLC 09-28-2010 SUPERCAREXPERIENCE DELRAY BEACH FEBRUARY 19th 201.1 1) Overview The event will be located on the grounds of Old school square. We anticipate around 150 to max 200 cars. The cars will be displayed on all ground and will range from exclusive high end cars to collectibles, We anticipate also some car manufacturers and high end car dealerships or rental companies, Within the cars, vendor tents will be located that have common interest with car and collectible items. 2) The Event The event starts on Friday February 18th with a driving experience on PBI Speedway or Homestead. All drivers will have the chance to participate in a instructor lesson and self driving circuit day. On Saturday February 19t~' around 6.00 to 7.00 am the drivers will bring their vehicles to the grounds and will place them. Around 9.00 am general admission will open to the public. We expect around 3000 visitors, depending on weather and advertising. During the day VIP will be in a closed Tent and will spend time also signing cards, T- shirts and other merchandise. Entertainment on stage will take place from around 1 i .00 am to 3.00 pm. At 4.00 pm we anticipate that general admission will be closed and at 4.30 drivers will start of leaving the grounds. Food will be available to different vendors, 3) Evening Event At around '1.00 to 7.30 drivers and VIP (invitation only} will be hosted at the Tent (maybe at the Tennis center) for a special Red Carpet event. We anticipate around 200 to 250 people. Starting with cocktails and entrees, a special buffet will be offered and seating will be provided. Entertainment is planned but yet not decided with all details. Music and get together is planned to start around 8.00 until 11.00 pm. 4) Marketing The vent has drawn great attention in the last 3 years and we anticipate a successful response in the media and for the value that the event will bring to Delray Beach. We plan to start this event on a smaller scale and plan to upgrade it in the next years. S}Economic Impact As all drivers will display highly exclusive vehicles, the impact on the value and the future customers to all restaurants and venues in Delray will be enhanced. The impact on the day will be alread felt in all businesses around Atlantic Avenue. The general public will further ~~a e exper nce Delray Beach as the City with another high-end event that will differefitiate fro 11 others. ~_ Reinisch f City of Delray Beach Special Event Permit Application PLEASE TYPL OR PRINT Event NamelTitle:.~ ~~/ ~' / '~zvi Event Date(s); ~ / _ _ >' .~`'~~ / ~'~ ado 1 ~~~~~1=/~~~ ~/ Times: 9g~. -- //~ ~. ~S~T--~lf~ -~~e~ na aan - C~ p N+ Requesting sheet closure: yes, (Tf yes, need timeldate far clasttre and reopening) Event Sponsor/Producer: ~~~yTT~ ~~ ~.L~' Event Contact/Coordinator: ~~. T///~.S ~~,r ~~~~ , Name; ~ ~/V..S ~j(/~ Telepltane Number: Email Address; G Brief Ni tot of Event 1f a livable : ~' ~~ d/.~S' ~~Y~U ysG ~~ Planned Activities {Outline of activitieslnumber cl~ildxen's rides, games, other. programs):. /. %~, ~5; no~ pEL B ~ ~•,~~~~• 2~1Q AUMI , • ES~f~VI~~S 1993 2001 Page 1 of 5 Page2ofr5 Describe your Marketing/Promotions i.e. Sponsor Category (please check) City ^ Non-Prol"tt/Charitable a Private Co-Sponsor -Nan-Profit/Private ~ (~f'.Nait ~JrOflt rrttrtelt prvaf of Slll c(3), c(~}, c(G), C(.10), or c(19) or~ (d) Event Location (Dcscribc arca boundat'ies of event/location}; Site plan attached; yes / na (Site plrrrt rerlrrlr~etl for' entire event site. X><tcl[>de lacRtlans of tents, stage, Itartalets, ciufinpsters, portable ligltting, Rncl 1rR~•ricade lacRtioit if Rpll'licable,) Rental of pld School Scittarc: yes V no (Il'yes, attach proof of approval) Rental of Oid School Stiuare Park: yes ~ no (If yes, attacli ptoof of rental agreement with Parks & Recreation) Private Property Use; yes no (If yes, attacli letter giving authorization from property owner} Event budget Revenue & Expanses attached: yes ~ no (.Regtdred for rrlr events) ~:1~5~t-•datalSpecial Event RegncskLSpecint Fsvent Penttit Apptiealion Ft3YA4 FYIEt.I 1.doe Number of Individuals Served Previous Year (if applicable): ~!/~ ~ ~d' ~~~ ..__ Page 3 of 5 Previous year Revenue/Expense suznmaiy attached: yes no (Required for all events} ~~j/)~y ~j f~d / Arts and Economic Impact Cale/ndar attached: yes V no Obtained online at www.AmericansForTheArts.org (Required for all events except minor events and SK Runs} Do you have cash sponsors for the event: yes ~ no (Indicated on budget) / Do you have inlcind sponsors for the event: yes V no (Indicated on budget) Serving or selling alcoholic beverages: yes no )(Eyes, what entity is obtaining the Alcohol License permit? (If yes, copy of liee~~se and alcohol liability lnsurar~ce required' hvo (2) weeks prior to event) Event certificate of insurance attached: yes no (Required two (2) weeks prior to event training the City as arlrlitional insured, also required for vendors) Playing of amplified music: (Waiver required) yes ~ no, Will there be entertainment: yes__ V no (If yes, attached list of Performers and/or DJ's) If yes, sponsor agrees all entertainment will he f y oriented and contain no obscenities: yes ~ /~ no Requesting Police a.~sistance: yes V no (traffic control/security)-j~S ~/LC ~1~~ /'~?~ ~ j~ -r~~sly .~S' WELL Will supplement with private security: yes v~ no (If yes, need plat attacfied) Requesting Emergency Medical assistance: yes ~ no ~~` ~ Requesting street closure: yes ~ ao {If yes, need time/date for closure and reopening) ~ /'~ Requesting barricade assistance: yes V no {If no, how are you handling?} Requesting trash removal/clean up assistance: yes _ no ~ ~ (If no, haw are you handling?} ~~ er..+et e,~, t l ~o o wLe, cQs ae-rt„ u~' Requesting trash boxes/containers and liners: yes no U:1w~tidata4Special Event Request4Spcciai Event PerniitApplirntion PiNAL FY10-l l.doc Page 4 of 5 Requesting stage use: ~ yes / no (If yes, check type) L Large stage (14' x 36') ~ small stage (16' x 21') ~ Half small stage ($' x 21') ^ Requesting signage: yes V no T e: 4'x4'Event si n~~Parkin Si ns yp g g g Banner hanging Indicate dates required (Waiver required if more tltarr orte (1) week prior to event) Requesting City Portable Generator: yes (If yes, size & power) / Food and beverage vendors: yes If yes, approximate number /~~~~ ~riy'~) (Health Department approval required) yes Other vendors: (Indicate type) no no no G~~G77~. °5 ~ Tents: yes y If yes, Hofv rrrarry ~~ ~ YT'hat size or size regcrired_ (If yes, teat permits a~td fre ir~sl~ections ~ttay Ge needed) Will the event include anrusement rides: yes no~. (If yes, type Rnd location and eopy of liability insura;'tce regttiretl, also requires state license and inspection.) Will the event be gated: yes V no {Show ort-site reap) Will there be a charge for the event; yes V no (If yes, it:dreate ticket prices) ~~U WiII there be fireworks or other pyrotechnics: yes no (If yes, contact Fire Marshal to obtain a-td complete per/mi~t application) Will there be cooking with compressed gas: yes / no (.if yes, eontact Fire Marshal for ~rrspections) /~ Will you be providing port-a-lets for the event: yes V no (If yes, locate on-site r~tap. If uo, indicate Itow yott will liaftd restroont ;'reeds) Is reserved parking requested: yes no (If yes, indicate locutions acrd purpose for use) s ~ °~~ ~ ~~ ^ i ~s~ no U:\w~•datal5pecial Event Requestt.Special &vent Permit Appiication F1tJAL FY10-1 t,doc Budge# Supercarexperlence Detray Beach 2011 Revenue Name Sponsor 15,000.00 Sponsor A big 2 times 10,000 US 20,000.00 Sponsor 13 medium 4 times 5,000.00 US 20,000.00 Sponsor Vendor A 10 times 1,000.00 US 10,000.00 Sponsor Vendor g 10 times 500,00 US 5,000.00 Corporate Car Sponsor 4 times 2,OOfl.00 8,000.00 Revenue other, Merchandise 2,OOOA0 Revenue Event Evening 4,Ofl0.D0 General Admission 3D00 PAX times 15 US (5-20US} 50,000.00 Revenue smaller CD, DVD, 1,ODO.D0 Revenue Driving Experience S,ODD.00 Revenue Internet 10,000.00 Revenue Tatal 150,000.00 Expenses City Delray 3,OOOA0 Ofd School square 4,500.00 Park Rental 2,500.00. Reserve Rental 1,000.00 insurance 3,500.00 other reserve 500.00 Fencing 8,000.00 Security 2,000.00 Pork au Let, trash ~I,000.00 Tenks 5,000.00 Furniture 2,000.00 Flags 1,000.00 Graphic, Posters, Displays 2,000.00 Rental Speedway 8,000.00 Catering, Speedway 2,000.00 Sound i=quipment, TV Display 5,000.00 Table Settings, Floor 5,000.00 Folders, Maps, Displays 3,000.00 Advertising, Radio, TV, other 30,000.00 Evening Entertainment 10,000.00 Cantengencies 2,000.00 Expenses Overall 103,000.00 NIET PROFIT 47,000.00 ~-upercar Experier -e ~~1 °~ February °! 9~ 20°: ~~ ~ ~,~, r t it ~ ~ ~ r ~, rd,. (~~~ r .~- ~F. "y f , Rd ~ ~ ~ ~~ "X 'S'7r. .~. ~~ ~ ~ ~ o~ ~~~. ~ ~~ i~: ,r , 1.211 9 c'. ~ c:`T %•' ~ A t 'mY ~ '~' d~ y„ , ~,~.° ~ ,P'a ~ c ~ y .~^ • ~ ,~ r ~; ,~ // ~I %~~:. fn ~ ,k ~ r ~..r ~ ~" ' ~f ~~'~ k~ n 7E 1 l k r ''r ~, ~'n. ~liill IIII~ Yn I u.. J ~ 1 i.i, C i i "".'" -~ ~~d Iti • ,. :. ~ ~' Ali ~ - .,. .~ .. y L ~ ~ a r W. t . ... .'~. f F'~ , Rr ,. ~ ~„ • ,- 4 trlM ~' %.~k' { i ~ Iri. ~, ~,. ~ ~ F. ` ~~+ I°' .r:... ~ I ~ ~ ~, ~~i • __ .~ r .. ~~ ~. ~iE y ~ ~ T u ~ / ~ ~ ~. t I T ~ ,, ,~ ~ • s ~~ A _ ~ . '~~. ~. ;~~ `4~ ~ ~~~ ~l, ~ .. ,li ~ ~ f E. y u ~ Iluml'... ~ ~ ..: ~ III „ ,,.. ,, eev y v, .~ i + 5,.+ An , ~r " A~ x. 1: .n.. ~.,iyp~. fem. ~~ ~~ !R 33~`~~ t tier - ~ ~~ ,~ ~ f.a, ~~ ~N. f ~oraplefe~ S-ep#err~be~r ~'~ ~ ~~'10~ ~t1fQ1'Y71~Itlgtl STEP 1: POPULATION POPIJtAT]ON of your community: 50,80© fo 99,999 STEP 2: TOTAL EXPENSES (options[} Your Qrganizatton's TOTAL EXPENSES {please do not use commas). ~ 100000 STEP 3: TOTAL ATTENDANCE (aptianal} TOTAL ATTENDANCE to your organization's arts events (again,. do not use commas): 30D0 calculate reset T'c~txtl I:coi',otnic impact Of: Total i-tousehofct Local Gnvernant=nt F rl; dohs State Goverrunent I.xltenditures Income Revenue Revenue Nonprofit Arts and Culture $100,000 3.1 $65,759 $3,111 $3,895 Organizations: Nonprofit Arts and Culture $67,950 1.8 $27,563 $2,699 $3,163 Audiences: Total Industry Impact: $167 950 4.9 $93,322 $6,110 $7,058 (The Sum of Organizations and Audiences) Print Your Results Please see the .fine print below. i7etirtiticsrt: Total Expenditures: The total dollars spent by your nonprofit arts and culitrre organization and ifs audiences; event-related sponding by arts and culture audiences is estintaied using the average dollars spent per person by arts event attendees in similarly populated communities. Back to Calculator FTE Jobs: The total number of full-time equivalent {FTE) jobs in your eorttrnunity that are supported by the expenditures made by your arts and culture organization andlor its audiences. An FTE can be ane full-time employee., two half-time employees, four employees who work quarter-time. etc. Back to Calculator liousehaltl Income: The iota) dollars paid to community residents as a result of ttte expenditures made by your arts and culture organization andlor its audiences. Househoid income includos salaries, tivages, and proprietary income. Back #o Calculator Government Revenue: The total dollars received by your local and state governments (e.g.: license fees. taxes} as a result of the expenditures rttado by your arts and culture arganizaiion andlor its audiences Back to Calculator When using estimates derived cram this calculator,. always keep the follovrirtg caveats in mind [~) the results of This anelysis are based upon the averages of similarly populated Communities, (2) input/output rnadels tivere customized for each of these similarly populated communities, providing very speciCc ernptoyment, household income, and government revenue data, and (3) your results are therefore estimates, and should not be used as a substitute for conducting an economic impact study that is customized for yo~ir community. ©Copyright 2047 by Americans for the Arts. www. Am e r is a n s Fo rT h eArts. o r4 <_ ai){~~~l~~C/t 62 OVER VIEW 2011 Presentation Supercar experience is a well established event in the West Palm Beach, FL, since 2007. The yearly spring event showing more than 150 exotic cars and handpicked collectibles has attracted more the 10,000 spectators each time. The media attention is vast and various local celebrities take advantage of the evident promotion. NCBC and CNN have detailed the exhibition. Recognition and public awareness is at an 80% level (overall South Florida's population 12-I3 Mio). SUPERCAREXPERIEIVCE GOES IIVTERNATIDNAL As a result of the success, the corporation has received substantial international inquiries and company principals have been approached to take the next step to expand the event globally. Already considered sites like "New Orleans" and "The Hamptons" as well as international destinations are being carefully evaluated and are scheduled towards the end of 2010 and 2011. TAKING THE E VENT TO THE NEXT LE VEL What started as a casual reunion initiated by founder John "Orlando"Temerian and David Adams has now been joined by former publishing Tycoon San Otto and Ex-EMI Executive Dr. "Dottore'Hans Reinisch, forming Supercar Experience Licensing Worldwide LLC. The company's goal is to convert the event into a world wide brand, with diverse yearly venues and exciting additiofts to the sc{iedrele. ©Supercar Experience Licensing Worldwide LLC 1 hiR 2115 jl.fG'I:I~('f1R s:~Xl~fli4€F~~E:f 2x11 Presentation CREATING A SERIES OF NEW EVENTS The immediate goal is to create unique attractions far the existing program such as: - Supercars, that lrave not been featured yet. - Presentation F2, NASCAR, prototypes and rare international automobiles. - Creation of individual sections for supercars collectibles and superbikes. - Addition of a professional racing day, with public viewing possibility. - Introduction of a red carpet event and show elements for evening program. - Generate additional celebrity interest through integration into program. - World}vide viewing possibilities via live intereet. - Add international partners through sponsorship and cooperation. -Run high level promotion and media appearance. RACE-RED CARPET ENTERTAINMENT-EXIBITIDN ©Supercar Experience Licensing Worldwide LLC 1 HR 3115 ._.~ ,. E.r€~r;~~cnf2 ~. C:XE]F=.f21f f~lCE 2011 Presentation WHAT IS A SUPERCAR7 Supercars ar Supercar collectibles are beyond off shelve products. They are customized, specialized, tuned and as distinctive as possible. They are luxurious, outstanding, and rare to be seen, hard to get and special to their owners. Their driving experience is one of a kind, their appearance creates emotions and their sound leaves long lasting impressions. They range fiom extreme power to extraordinaty driving ability, from stumting style to not being produced anymore. WHAT' MAKES A SUPERCAR 50 SPECIAL? Supercar Experience is the only place were these privately owned cars are displayed by their owners, driven and viewed by the public. Owners get a rare opportunity to drive their ears an a nearby circuit, share time and passion with their friends and being rewarded with the admiration of the public. It is ~aot a naarsercnt o~~ ara arrto~trotive trtc~le shorn, it is ns "live" rrs it gets! ©Supercar Experience Licensing Worldwide LLC 1 HR 4115 201'1 Presentation THE CHALLENGE The company's next goal is to find the right venues and partners with equal vision and passion, to share the future Supercar Experiences and expansion. The required elements are inspiring locations, creative ideas, new approaches, international appeal as well as professional executions. EXOTIC VIBRANT-EXTRAORDINARY-EXCL US.IV Let's get diving Enjoy the ride Join the team www,supercarexperience.com ©Supercar irxperience Licensing Worldwide LLC 1 NFt 5115 __ `=. <:~~ .. ~ , ~ ~ ~c. 2011 Presentation THE E VENT SCHEDULE -DA Y .1 Race Day ................................................The RACE is otz This day is designed to give private drivers the opportunity to race around a closed circuit with caution and under instruction of professional racers and driving teachers. Not everyone needs to be racing the circuit, but can also have a drivi~ag expert maneuver his car and/or simply meet and greet his friends. Past and present racing celebrities will be joining the race day and add flair and experience. The public will be invited to vieev the spectacle in reserved seats. Invited VIP's will have the same driving experience in a safe environment. Come ojr get goi-:g Gel exited 09.00 am-09.30 am Meet and Greet -Welcome 10.00 am-11.00 am Brunch for drivers and partners 10.00 am-11..00 am Driver registration and briefing 11.00 a~n-01.00 pm Circuit driving experience I 01.00 pm-02.00 pm Refreshment break 01.00 pm-02.00 pm Video Viewing of Driving 02.00 pm-02.30 pm Photo shooting, Certificate ceremony 02,30 pm-04.00 pm Circuit d-•iviatg experience II 04.30 pm-05.00 pm Coffee and cake 05,00 pm-OS.30 pm Homestretch 06.00 pm- 06.30 pm Park Fermee © Supercar Experience Licensing Worldwide LLC 1 HR 6/15 . w. r=>;{~~r;_s~~i~~r~(~r__ 201'1 Presentation THE SUPERCAR EXPERIENCE EVENT' THIS IS THE EVENT OF THE YEAR-COME JOIN THE PARTY The area will have distinct zanes, and all cars will be assigned a display location in advance. OS.00 am-08.30 am Drivers get ready at "drive in" location OS.30 am-09.00 am Contours d'Elegance 09.00 am-09.30 am "On your marlcs~" 09.30 am-10.00 am P«blic opening 10.00 am-02.00 pin Various VIP events "celebrities meet and greet" 03,00 pm-03.1.5 pm Charity car event 04.00 pm-04.30 pm Close Up of Exhibition 05.00 pm-05.30 pm Finish Line and farewell ©5upercar Experience Licensing Worldwide LLC 1 HR 8115 ~~ su~~r_r~c~ r~r: .. ~~:;r~r<<ir-~:r~cr 201'1 Presentation THE RED CARPET EVENT This special night will be the social highlight of the event. All drivers and partners, sponsors as well as invited celebrities will be walking the red carpet, have their pictures taken at the step and repeat "Wall of SCX" and enjoy an evening of entertainment and excitement, CELEBRITIES-RACERS-SPORT STARS-CATWALK-DJ FEELING 07.00 pm-08.00 pm 08,00 pm-08.10 pm 08.00 pm-10.00 pm 09.00 pm-11.00 pm Red Carpet Opeating of "Night-Flight" Race around Meals Show and more 11.00 pm -12.00 pm Dance into the Night 12.00 pm -01.00 pm Clubbing nearby DANCE atad CLUBBING FEELING ALL NIGHT DON'T FORGET-GETREADYFOR TOMORROW ©Supercar Experience Licensing Worldwide LLC 1 HR 7115 ~. 51111-~itChl~ .. t XI?il2llWt~[(:[ ZONES Supercars Supercars Collectibles SUperCarS EXOtiCS Supercar Race Superbikes "AS SPECIAL AS IT GETS" "ALL PAST BUT LASTS" 2011 Presentation "YOU ARE NOT GOING TO BELIEVE IT" "THE FAST AND FURIOUS" "SPEED ON 2 WHEELS" c0 Supercar Experience Licensing Worldwide LLC ! HR 919 5 MEMORANDUM TO: Mayor and City Commissioners FROM: Robert A. Barcinski, Assistant City Manager THROUGH: David T. Harden, City Manager DATE: October 13, 2010 SUBJECT: AGENDA ITEM 9.G. -REGULAR COMMISSION MEETING OF OCTOBER 19, 2010 AMENDMENT TO SPECIAL EVENT REQUEST/ 13TH ANNUAL BED RACE ITEM BEFORE COMMISSION City Commission is requested to endorse the 13th Annual Bed Race, as amended, proposed to be held on October 29, 2010 from 5:00 p.m. until 11:00 p.m., to grant a temporary use permit per LDR's Section 2.4.6.(F) for the use and closure of NE 2nd Avenue from Atlantic Avenue to NE 2nd Street, to authorize staff support for traffic control and security, EMS assistance, trash removal and clean up, barricading, use and set up of half of the small stage, and preparation and installation of event signage. BACKGROUND Attached are an amended event permit request, site plan, budget and other back up material received from Stephanie Immelman from the Downtown Marketing Cooperative, the producer for this event. Commission approved the Bed Race only at your meeting on September 21, 2010. We originally received separately a two (2) day permit application from the Oktoberween producers partnering with the DMC on Friday night for the Bed Race. However, after staff reviewed this application, we decided that it conflicted with the Halloween Parade and Kidsfest on Saturday, so the application was withdrawn and is included as part of the DMC application for Friday night, October 29, 2010 only. The producers will be making a contribution to the DMC to help offset the Bed Race costs. Alcohol will be sold in a beer tent on the Old School Square Park grounds and the applicant will keep customers from leaving this secured area. Staff assistance is being requested as stated above. Estimated overtime costs are $4,000, stage rental cost is $266, barricades $320, signage $250 and trash boxes $70 for a total cost of $4,906. Based on the FY10-ll Special Event Policies and Procedures, the charge for City services will be approximately $2,306. Costs will be lower if event producers do their own cleanup. RECOMMENDATION Staff recommends approval of the event, the temporary use permit and staff assistance as requested contingent on the sponsor providing a Hold Harmless Agreement and a Certificate of Liquor Liability Insurance within 5 days of the event. l yh ~ G' S.R"~ City ©£~7e~.~ay Beach ~pecia~ Bvex~t permit Applicatioza PJG~A~E T~~ f3R PR~iT d~~ X17 ~~ACI~ ~~-~~~~c z~~ Eve~i Naznc/Titie: ~~~~~~'-~t~t L ~~~~ ~ ~-£i CtL Event Date(s): ~~ ~ Times:~~?'1 P ~ ~ "~ ~ Recluestiixg street closure; yes (Zf yes need timc/d to for c~osure ar~d ret ~ ~~ ~-~ fi~m_ !~~ V !10 __ a1 ._~wm N~.~w".__.-o-.~__..... Mtn ~~~ ~~-_ ~ Event SponsorfProducer; ~~~' Event Cpz~tactlCpordinator: ~ ~~~ ~~ ~y ~ a i^~ Address: } Telepl~oi~c Number: Cellular Number: 7~- S '~ l3-rr~ail Address; _ ~ r~ e- +~n~~ C~ ~~~ .C x Gc}Y'~ BrlefHistoxy ofrrE've~t (~If a~~iicable):,.._ ~C`b~-[~ c~ I~`~--«~ n F/1 N ! VARY L!cL_r-~-. _ Planned Activities (Outline of activitieslntu~ber of activities, i.e. entertainment, chi3drern~'s rides, gamest, ocher programs}: 4--~ M i"1`17 f11nn .- ~.b .....,. C {!1~ n ~ C~ f SY ~{ UYXV /LI~~~F~ \i v r^~- ~ ~! ~!~ ~~ ~cL~~ ~' `G~~yWe.cr~. F[-3~r.~ {{4 c~5~.~re~ Page 1 ofd (~y1~ S~j r~-e~i ~t~~ { i7~~GCYS~ ~~ GdY~.~S~" I?age ~ of 5 Nurrtber ot'Indi~riduals Sezved Previous Year (if applicable): ~ ~ ~~C~ -- ~ [ ~~"~ Describe the taxgeted pal Q~~s 1~ --~ ~l r and expected a#errdal~ae; Describe haw the program ar pro~ect addresses commun~ity~ n.Ae~e,ds: l fhP- c.GY4aYVtt2 t~ l~~"Y ` C1 ~ ' r - s ~ ~ (,~ ~`~G~ Describe your i~arketing/promations Program (low will you naarketlpramote, i•e• T~7, radio, asters, ~.yers, web bites, ether): - ~9 2u±~S . a5~~ -cam •Y, ~a ~ Sponsor Category (please cheek} City nNon-I'ro~t/Cl>aritable n Private n Co-Sponsor--Non-prot'itn.'zivate (.if ~'V'atr prafrl affaclt ,~raaf of SdX c(3), c(4), c{6}, C{I4), ar c(.TJ~ oa• {d) ~veikt 7,accation (Describe area boundaries a~ even#/lace#ion); Si#e plan atEached: yes 1~ na__~._ (bite plutt rer~~sir•ed for ettfft•e evertf siie, Include lacatio>rs o~ tents, s#Rge, }lor•talets, tltYxupsters, pov.•table xigb.tlug, and lsax>~Icade locatlot; if Rpplici~ble.) Rerltal o£ Cld School Srtuare: yes _ no ~ (If yes, attach proof of appxaval) Rental of Old School Square Park: yes ~ no {l#' yes, attach proof of ren#al agreement with PArks & Recreatiop} Private property Use: yes no ~~ (If yes, attach letter giving authori7.ation from.property owner) Evez~# budget Revenue & expenses attached: yes ~ no~ {Required for nl! events} U:1~vwdatxlSpetia[ event Requesti5peclal Event Pe[mii Application FINAi. xY14-t i.doe page 3 of 5 Pz:evious year RevezzuelExpense sumrxiary at#aehed: yes no (Rec}uixed :fax all events) Az~s and Ecorzazszic impact Calendar attached: yes no ~~ j' °~ ~.!J Obtaizred azz line at w~uw.Amexicansp'arTheArts.org (Reciuired far ail events except minor events and SK Runs) Do you have cash sparasors fair the event: yes. ~ no (Indicated on budget) Do you have inkind sponsors far the evezzt: yes no _ (Indicated on budget} Serving or sellirng aicolsoiic beverages: yes no ~~ Z.f yes, ~vlzat entity is abfia#n#ug the A.icaitoi License permit? ~~ ~f yes, cagy of Cicefise nxtd afcoltnl Jxnbtltfy i~tsurrrrfce required ftvo ) zt~eeks ~r•ior Ea eue~zt~ event certifzoate of insurance attached: yes no ~ (S~egrrire~ fz+~o (~) weeks prior to sveitt Warning flee G`ity rrs ndditlofinl irzsrired, uJ.ro regaci~~ed'far ueudorsj I'layzng of ainpli#ied music: yes zoo (lYaiver regrttrerl} Will there be entertaizunent; yes / na (if yas, atfaehecl list ofPerforziiez's andlar D~'sj Tf yes, spaz~sar agrees all enker~tainment will be family oriented and contain no obscenities: yes / na Requesting Police assistance; yes / no (traffic contrallsecuxity) Will, supplement r~rith private security' yes zzo >/ (1,f3'es, r:ryedrrlmt rcfttrched} nequastisrg Emergency Medical assistauce: yes no ~ _-- ' ' Requesting sheet closure; yes ~ noT____~ (If yes, need time/date for closure azzd reopening) Requesting barricade assistance: 3~es '~ no (If na, haw are you hazadling?} R.egttesting trash: reznovallcican up assistance: yes ~ no o (If no, how ale you handlixzg?) Requesting trash boxesJcoutainers and liners: yes '/ no ;~ t~1t~ f ,~ U:1w~vdsislSpecfat Y~ent Request4Sgec[a1 Evcni Permit Applicatlon FAvAL FYlO-k i,dx Page ~4 0~ 5 Requestix>`g s#age use: yes no , ~.~f yes, cheek type} , urge stage (14' ~. 36') ~ Small stage (l.6' ~ 2,1i) n ~Ialf smau stage (~' x 2t') E/ ': ,;'n Request,ng signage; ~'es no.~ 'h'ype: 4'x4'EYerlt sigo. ~ Parking Signs Barrrter hanging Indicate dates'zequlred - _ (T3'crtver• regrrtr•erl if rt:ore thrrrr are (X} week prior to event) Requesting City Por#ahle Crenerator: .yes no / (If yes, site & power) Food and beverage vendors: yes no If yes, approxima#e uu~uber ,~ 1 ~ /__, (health Depaitn~ent approval reclui~ed) yes. no,~ ether vendors: yes ~ r~o (lnciicate type) Go~-~ke~i a ~ ~ cr.~.n •~vu3Vr-1 ~' -~ 4C Tents; yes ~/ no~ ~f yes, ~o» crtrrrry 3 ~ ~'lrtrt size or size rerjuirert ~ 7 X t0 zox2o~ (.~f yes, lent per•rrrtts arrti'fire tnspectiorrs rrrrry Le rreecled) Witt the event include amusement rides: yes uo (.1f yes, type rrrrd locrriforr ~rrtd copy of ttnbtltfy ttrsrrrtrr:ce regrtir~ed, rrlsa rerfrrtres state Ikerrse acrd irr,staecttort) Will the event be gated: yes / no (Slrott~ on~stfe rrrrrp) Will #here be a charge for the event; yes ~ z~oT__ ~ ~. {~f yes, lnrltcrrfe ltckef prices) ~ 2v ~~. sh ~`c_yi~ r ~~~ ~ ~ ~~~~~~~ Will thexe he fireworks ar other gyro#echnics: yes no_ / (Xf yes, corrtrrcf Ftre Mrrrstrat to oGicrtn arrrf conrptefe per•rrrtt rrppttcaftocr) Will there be eoaking with compressed gas; yes l/ no _ ~~ (.l'f yes, corrt[rct p'ir•e tl~trrsltrrt for tnspeeftorrs) Will you be providing por#-a-lets for the even#; yes no (lf yes, toccata orr-site crrnp, Tf uo, icrrltcate hoiv yorr tivill Irrrrrdle restroonr creeds) Ss reserved parking requested: yes `~ no {If yes, trrtticale tacrrttocrs rrrrtt purpose for rrse) ~j~~t~• ~~ b~ ASS ~U~--~ ~`~ U:UvwdatalSpeai~E RvenE Reques45peeial ffvant PPrmtt Appltcattnn F1rEAI. F1'19.11 •d~ Page ~ of 5 Event Perzsrit A,ttacl~aents: ~RevenuefExpense Budget Revenue/Expazzsse Recap Last Years L~vent ,~ Site flan. Arts and Economic Irzzpact Calendar ~l:.etter Requesting Noise Ordinance Waiver Letter Requesting '4'Vaiver Consuzxzption Alcohol Beverages Proof afNon-Pro1'zt Status Gezaeral Liability Insurance Certi~ca#e ~ ~~~~ ~„~,; ~ p~ ~ 1 _ Alcohol Beverage Liability Cez#ifieate Proo#'ai'Rezztal Agreement ar Authorizafion Letter fi:ozn Pz~ivate Prol~ert~ Ovvzzer ____ Hold Haz~nless Agreement, no#azized• Submittal Date Reguireinents: I1~Sirzor went e Intermediate Cvezrt Il~ajar I~~ve>nt ~ I~Isighbbrhabd Bloe1~I'arty Evcut Coutz•actor/Caordlnatox Please prin#t Date Please enclose the appropz7ate non_refundable application 1`ee payable to the City of Delray Beach, l00 N.W. 1st Avenue, Delray Beach, lilorida 33444• Rectuired with ~rnut applicationa. ~`or Slaff Use Ortty Date Received ~l ~ Application fee received $ t ~ q~~ ~ `~ S~ ~~ • ' _, ~#~ days prior to evezzt 9a days prloz• to event 12U days prlar to event 30 days prior to event t7:1~4•svdata~Sprciat z;vent RequesP.Speciai Event Permit Appllc3lion FfNAI. FY10-1l.doc r tB ~- Q Q C~\[ 6> C Q -O ~j "C1 t4 Ql hhL 1~. d. r a N CC C3 Q p t- ~ 1--- z ~ u~ 0 r- V z J W ~ ~ z ~ ~ ~ a d ~ ~ ©_ ~ ~~ V1 fl Q `a p ~ `K 4 Q Q 7 (ly ~ m ~ ~ Z ~ O T t- d 7 ~ ~ ~ ~ ~ ltl F^- J ;- ~ W ~ Q 4 ~ vs p vJ S S S S S S O A pp p p 0 0 S S S O S O O S~ ~~ O S ~ b S°o° 00 o c~SOO c7 S v o oc~ ciooooorio curio o cac~`~°~oor~~noo 00o r3 i[j In O ~fl 4 o O ~i? lf) l(1 L!1 ui O N [ O c? 6Ky !A 4=? 6A f!~ U"! ~ ~ E9 iA 4fj !fi 4{j lf) E?) 43 ~ tfi E9 69 EEl !~ u3 6'4 EfT rf3 dI V1 pOp O IY] LL ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ +~ p r/1 N ~ W W ~ ~ ~ ~ ~ ~ ~= ~ Z '~ 'o o ~ ~ ~ n ui o a ~ ~ o~~ - ~~~~ ._ U) QU CC u p ~ ~ ~ XX z}~-~p Usn~ ~ ~~ ~~ of `~~~ o ~~ja~1 Ups ~~m qC7 ~~u30>' E3 J 4, ~ ~ ~ Z~' ~ ~ ~ ~ } ~ W ~ tii il.k ~ ~ ~, ~~c~p2 a U~t9 u'~.z c9r~~~ min N °c" ,n r- ~, a ~ tii O Q J ~ iU Ell ~ k-- Z u.. U3 Z Q ~' ~ ~ ~ ~ ~ a > >L' Ci ~ p - ~~~~ ~ 2 ~ O~ ~ d ~ ~ ~~ - F XU ~ W Cj (-~ ~ ~ l Si ~~O L~ ~ ¢ - ~~ W ~ ' ~ ~ W ~ ~ ~ U ~ ~ ~ z ~ ~ ~ ~ d ~Uw~ W ~ ~ ~ ce. E .j ~-- ~ ~ ~- ¢~~~~~~ U~u ~w~re~ d~~ n ~ ~ ~ ~ u i ~ ~ ~ p p V QOM W ¢ 7 O i C3C7 wC7 ¢ ~ ¢~~~-~ c z2~~u ~o v O~~o ~ r~1mt)ut3~ Us t~- _ ~ ulatel~te]U[~I--~[~n_U4p~fih- tl b 0 n q M N k5J N Q. ?t to ..7 A ,~ i5 cs ~, r~ ~~~ '' ~ 7 G~ k3 .;3°NtJ~."~ ~~ Na'J 487 AYE r '. ~ ~ ~ ~.,- -. ~~-.'.._ y: I~ ~_~ ~R ~ _~ Y ~ ~~1~'''(\{ ~_...l. V ;I y/ .!-. .. -~, 3~~ -~~.. ~'f " ~1 ~' ~' ~ ~~, r~ _~~7~ .' ~= s : ~ j{ ~ -~~~~ ;~ ~,t ~!~'~' ~ Y r ,k~ ~A ~~ ~~~ : it _ :. ,.+ ~,. ~ 4 y .ei '~ ~ ~ may`'!°+'Y d ~ ~ ~ ~ _ t ~:- r_ } `-~,_~.~-e i i ~•_ _~ a sg Syr l ~ ~'~~ '~~ ~ _ .~" " ~ ~~~ !' - ,-`,: 17 1 ~ ~~ 1' -r-^ ~~rr0 1)~irF =._ c ~ ~ ~_~~ a ~ SF F ~ .' f F I 3' ~ ~ J~ Y ~~~~ s . , - _. .'-_F~s`C '. ~.F.~, ~TL _. _: _}nT fr ~.5. r.T 5 fq - . ~ -' - na z ~eidowic~, ®onna From: Stephanie Immelman [simmelman@delraybeach.comj Sent: Thursday, September 30, 20'10 2:50 PM To. Barcinski, Robert; Beldowicz, Donna Cc: Sarah Martin; David@projectmarketing.com Subject: Parks agreement and arts calendar calculation Attachments; parks agreement.pdf Dear Bob Attached please find the 2 ikems you requested: arts calendar calculation and Parks agreement for one section of the OSS park. Many thanks to both you and Donna for working with us to make this happen. Let me know if there is anything at all you need from me. Kind regards, Stephanie Immelman 56~ 279 '1380 x36 ~ u~t~rt~ - _ ,.~< ~~ity o~ DelYay Beach D E [RAY e E ~ c H ~~~~~~ ~~ t Parks and Recveatioa~ Departrneut l~acks~ait°° '~ -A-=-hcant Name: - ` l ~ Phove; (daytintej ~ (celt) ~ . ,'' Address: ~ ~ s~ ~~ c:~l ~ ~ ~ ~ ~ Street City, State, Tip ` Tor purposes of defa-ting tltepark space, Old School Srtteare Park is divided into 3 sections, as indicated ott the attached tttap between lightpoles itt tltepark. This is an opettpark and the area reserved does trot prohibit tl:e public front accessittg the reserved area..t'arlr hoatrs are S a.nr. -14 p.m. unless authot-Izetl by tr special event permit and approval, Area 1- IVE rs` Ave {olosest to oss Pavilion} Area 2 - ntaddle SectiotT Area 3 - NE 2"`t Ave REQUEST: Area Requested: Date Requested: lb Time: I'rotn an~ To ~ ~ at ii Type of Activity: +i~ 1 Estimated Attendance: ft r~ Age Group: Facilities Needed: f~ ~]`~ttestrooens [/~Lights M Electric ~ ~~Jater hoal<-up is organization Wan-profit? (If yes, please attach copy afIRS fax exempt eertiGcatc} ~~ Yes t,~ 1`0 Will there be fees charged? Yes No ' / f£yes, what are tltey't Comments: __ PA.ltt~ R UL~S AND REG ULAT1`DNS l .j All rental fees must be paid at application time {at least 2 business days prior to the event}. 2.} Alcoholic beverages are prolrihited at all City parks and facilities unless waived by the City Manager per code. 3.} No motorized vehicles are allowed itr the park beyond the parking area unless authorized for the event set-up. 4.} The area must be left in the carne eandition as when you arrived. 5.j In order to receive a refund, a 48 hour notice is required. The cancellation and refund request must be put in writing. 6.) No pony rides, golfing, grills, open ftres, silly string or anything that leaves debris behind will be allowed in the park. '].) Teuts without stakes (held down by sandbags] Wray be allowed with the approval from #lre Parks and Rec Deparhnent. 8.j A certiftcate of insurance or special event application may be required far same events or activities. 9.} This is an open publio park. The general public cannot be prohibited fratn accessing the reserved area (unless fenced off by permit for a special event}, Please be sure you have your copy of this permit on-site. r .. - -_ _ ~ -.-- -.- -..~-. _. :-_ ... RENTAL FEES: All fields wilt require a $10© r'efuttdaUle security deposit. _ Nott-Profit Fro rt .One area rental $110.0014 hours $200.OOf all day $224f4hrs $4001day °7 {~~ Two area rentals $220.00/ 4 haurs $400.00/ all day $d~40f4hrs $&OOlday Entire Park $330.OOt 4 hours $600.OOf all day $ b60f41~rs $1000/day Water Hook-Up Minimum $20.00/or actual usage whichever is greater ~ Electric $20.OQ flat fee 2.~ Sales Tax b.S% ~. { Yaur Revfsrl Fee is: ~ a , tai ~ ~- Refundable Deposit 1.C3~ -~^.t7 -_ _ . RELEASE WAVER - - . . . I, the undersigned, intending to be legally bound, do hereby for myself, family, guardians, chargefcharges, heirs, exeautoxs and administrators, waive and release any and alt rights and claims for damages, which Tlwe may have against the City of Delray }3 each, their representatives, successors and employees for any injuries which Uwe may suffer in connection with rnylour use afthis facility. At various times the City of Delray Beach videotapes and photographs events #a be submit#ed to the local media. By using this facility, Uwe hereby authorize the City of Delray Beach to reproduce, cagy, exhibit, publish, broadcast, or distribute any and all such tapes or photogra hs. I h e xead the above and understand the rules and regulations of the City of Delray Beach That have bean made available to n . a13~ ~ t~ Appt i;t Signature Date Recreation Department Approval Date D)FICE ~[JS~ O~I.Y: Fee Paid: Rea Trac #: Date: D1STRiBUT10N: Customer ( };Park Rangers ( }; Old School ~cluare ( ); Assistant City Manager ( ); Police Dept.( ) Updated 3020/l0 4 Untitled llocument ~; In~cirtrtation $TEf' 1: i'flF'l!t_ATION POPULATION of your community: 50,000 to 99,999 STEP 2: TOTAL EXp£PISES (optional} Your Organization's TOTAL EXPENSES (please do not use commas): $ 2200p STEP 3: TOTAL ATTENDANCE (optional} TOTAL ATTEN©ANCE fo your organization's arts events (again, do not use commas): 3000 calculate reset ©tal I~.con©rnic Irn~act: C7f: ;r ugc > ui i Tp~t 1~TC Jahn Hpuseltnld L°cal Governtttant State Govornntent Ex tanttltures E Income Revettue f~evattua Nonprofit Arts and Culture $22,000 0,7 $14,467 X750 $857 Organizations: Nonprofit Arts and Culture $87,950 1,8 $27,563 $2,659 $3,163 Audiences: Total Industry Impact: $89,950 2.5 $42,030 $3,448 $4,020 (The Sum or Organlzallons and Radiances) _....._ Print Your Results Please see the fi_Fie urine be low. dezilt1l(IQrt.^s Total Expettdtiures: The total dollars spent by your nonprofit arts and ctrliure organization and its audiences; event-related diences is estimated using the average dollars spent per person by arts d lt ure au cu spending by axis an event attendees in similarly populated communities. tq Calculator Beek FTE Jobs: . The total number of full-tithe equivalent (pTE) Lobs in your community Thai are supported by the expenditures made by your arts and culture organization andlor its audiences. An t=TE can be one full-lima employee, hvo half-time employees, four employees vlho work gttarter-time, etc. Household Income: BAek to.Calculatpr The total dollars paid io contmuniiy residents as a result of the expenditures made tty your arts and culture organization andlor its audiences. Househnld income includes salaries, tuages, and proprietary income. Govenunent Baelt Eo Calculator The total dollars received by your local and stele governments {e.g., license fees, taxes} as a result of iha RBVenue: expenditures made by your arts and culture organization andlor its audiences. Back to tialculalgr Vdhen using estimates derived from this calculator, ahtrays keep the following caveats in mind: (1) the results of this analysis era based upon the averages of similarly populated contntunities, (2} input/output models were customized far each of these similarly populated communities, n ~vberused as apsurbstitutalf r conducting anleco om c pac~study thatrisvcusiomized fortyour communi[yare therefore estimates, and should 4 Copyright 2007 by Americans for the Rris. vrnvr.ArnericansEorTheArts.org http://~u<v.americansforthea~•ts.orglinformation_services/research/seivicesleeonon~fic imp... 9130{2010 Delray Camera Shop 186 NE 2na Avenue Delray Beach, FL 33444 {561} 2"18-3331 October 7, 2010 At the request of the Downtown Marketing Cooperative, the Delray Camera Shop has agreed to the use the first portion of our parking lot for the Pineapple Grove Bed Race scheduled for October 29, 2010. [ } ~ ~. Delray Camera Shop 86 NE 2"a Avenue Delray Beach, FL 33444 (561} 278-3331 01/24/2010 23.46 ~`A~ 5131 278 0555 -EI,1tAY BEAC~I ap in ~A ~~R C~1~'T1F1~/~•TE OF LiA~~L~ITY IN~U~+NC Doer-~ axle; ON14.Y AND COH ERs NO RiCHT813 ON THECERTiFICAT~oN N NOLD>~FL ~kil9 CBRTIFICA~`E DOES NOT af~fENn, EXT!~NC? p 'x110 E3.astridge Agepay ~ Lac. AtTER THE COVEI2A~sE Af;F'Ot~DED eY THE pOl,iClES BELOW. 820 N.1~. 6th Ave7oL1>~ NA1G# Delyay ~geapt, ~, 33483 1N31311ER8 AFFOR41N4 COVERAGE PAov.O: 58,--276--62.21 L'aK:56xµ276-524$ na~~~st,4 scf-v.=yorc a~,.~.~• c~w~a It~suR~p ' p~tyRER a: nelray Beackc Downtown Mktg Cppper3t9.ve ; U]]A, CRA,ChambOx o~ SN^5t7S2ER C~ Coaiunerc0 Ca.ty o~ F3elray Aa~-ch INSS~z~Rn: II 64 S_E. ~Ib A+~cnue 1]elray ~eaCh HT, 33& 8 3 INSURER E: C~j 0 0 2 CpVSItAG~s TTY POLICIES OF 1N~L>RRNCE USTEQ B.51~ ~~ ~`~ ISSUEG TO 13iE IN~JREP K~k~ AHOY FUR tkE P~.ICY PER4OQ 1lS~1CATI=D, AN'i REDUIREF.~NT. TERM OR C4i+b151zk(PF ANY CaYTRACT OR OYI~cP, DOT:U?MIETrT WITH IxES,°ECT TO +n°r11Ct{'fHIS CERYV KATE htAY BE ISSUED OR S, ESCCLUSIO\S Ate CON0lr10NS C~ ~FL:E~ POL.ICIES~AAGGAEGAY£ L~~IT5 ~ EVE H ENICREDLICED 9 t ~,~iilYS, ~CC'7 T4 ALL T}~ Tiv!'tM. L11.lI1'~ - p1~LfGYNUMHeR dAT~IN~S DA fblh'JRd .~a TYPO OF 1TlSLRN+>•CF_._._ ~4CSi DGCURr?r"NGE GfrhfE(tpL ~1A81L[TY ,~ `~ '~[ COI~r~7C1A•C,r-f'EG44LL4LiILST~' W~18DD3~ CLAIMS MAtTE ~ OCCT7R ~El,ft, ~gE3AlE L1T~~ /IPPL1f,S PER' K PUL]CY SCOT LGC AUTD}FO9FLE LtA9(UTY ANY AIfTO SCFtEUIR.CD WJYOS }iIRtC AUTOS NA`}OWt+~P AVTU£i 03./23/'1.4 I O1/23/].3- Tr~ED E%P fA~Y onss pBrconl PCRSC$JAL 8 PDV IH3LbtY (~~,.RAL AGGREG4TE PRODJCfS • CQI.IPIDP ACsG CgY~1NED 51NGLE LIM}T (E++ n~dG6rit3 BODILY INJI~Y (P9f Pnt9ml GARAS~ l-IABILrrY A17'( AUTO 67(C~s61 UMBRELLA L~A61LJTf 0."CLk~ ~ GiAIN~ MAnE l3El?L~T161.>a RETENfiION $ ANq E>,SPLgrrER9' LlA81LrrY YIN ANY PROPRf~I'OR/(~Ah-TP~~'~CUPVE fM~ldC~o~ ~ ~ Fy~tUDE67 iS ve~. dBSCflb@ ~ei._ . „ BODILY IN.IURY IPBf 9C~ d9A[t £sooaaoo S 300000 S s ~,0 0 S 20000 ;,;looooog 6 PROPCRTY I~A~+IAGE ; IPo~ uccldentk AUTO dY Y - EA ACC€C~ 3 EA ACC OT4iET{'(t~N Y Y ~ - a AU : AGG S FhC1i OCCURf2EM."E $ I ACC~RCGATE ~ a s s E.L. El~~d ACG#l~=NT ~' CAL. DI;,EP.;~ - F.4 EtrF'LOYEE S C.L. D15P~SE • POLICY L1?'dT S 3EBCR1P310N OF OPERA DNS 1 LOCATIUN~ J VD{1CLES ! 6)ICLUSSPNR AaoeU t7r rr~wRO=•~=~.~ . _. --__ ._ - - P~.T~P-~~ ~•9 special EveAts - 5 Axt ~ Ja3z ou tds T]ae~at theme ~z e~gltTx'2e ~~? f3yoV0 SeGi Race, ~. E•irst Night, 1. KY- Y cat to c3eneraJ. L~.3bility Lighting . Hpl.dex' is pdd3,tf.ona~. Lnsu;Ced with ye0~ CANCEtLATioN CERTIFICATE !1 OLDER gNpt ^ n ANY ©F TTiH A9dVE DE:BtREBED POLICIES BE CAN~I-~ g~ORE ~ EXP~tATIC1N DAYS Y~SttTTEN C1~YI]^1. PAT24HctizE-0F,SFfe(S$ViN~-IivSURE0.V~ILLFJ'1D1sAV0aT`OMAt: 3O Ho11G6 TO TF1E CETvYiFICAT>K FOLDER NAMED 7o T-iE Ler~`. 13UT FA7LURE'YD DD so SHALL dAPO3E NO OSLIOATIO~I Oft LLdBILrTY OF AT[•' S~IND UPONTFSE LV6UREft, [TS AGENTS OR REPgE3EN7A7NE3~ City a~ S~elray Beach AUTHORS p~pgsENTATIVE • 3.00 N.F7. 1~ti Avenue elra seaah E'I. 93844 ~ 1988-2004 A All ese d. AC©FiD 2~ (20091015 Tha ACORD Hama and logo are raglstasad marks of ACORO MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: October 7, 2010 SUBJECT: AGENDA ITEM 9.H. -REGULAR COMMISSION MEETING OF OCTOBER 19, 2010 APPOINTMENTS TO NEIGHBORHOOD ADVISORY COUNCIL ITEM BEFORE COMMISSION The terms for regular members Ms. Linda Laurence-Leib (Zone 3) and Mr. Harold VanArnem (Zone 4) will expire on October 31, 2010. Ms. Laurence-Leib will have served one (1) full term, is eligible and would like to be considered for reappointment. Mr. Van Arnem will have served one (1) full term and would not like to be considered for reappointment. Appointments are needed for two (2) regular members to serve three (3) year terms ending July 31, 2013. Staff recommends that the terms end on July 31, 2013 rather than October 31, 2013 to comply with the expiration dates required in the City Code. The Neighborhood Advisory Council was established for the purpose of maintaining broad-based community involvement with the residents, creating neighborhood outreach initiatives, enhancing communication, improving the aesthetics of the neighborhoods and identifying any potential threats to the stability of the neighborhoods. The Council consists of fifteen (15) regular and two (2) student members. Twelve (12) members are residents with two (2) selected from each of the six neighborhood zones, and three (3) at large representatives, who may be selected from a community civic organization or business owner located within a neighborhood zone interested in the enhancement of its surrounding neighborhoods. A map of the appointment zones is included for your review. The following individuals have submitted applications for consideration: (See Exhibit "A" attached) Based on the rotation system, the appointments will be made by Mayor McDuffie (Seat #5) and Commissioner Eliopoulos (Seat #1) for two (2) regular members to serve on the Neighborhood Advisory Council for three (3) year terms ending July 31, 2013. RECOMMENDATION Recommend appointment of two (2) regular members to serve on the Neighborhood Advisory Council for three (3) year terms ending July 31, 2013. 08/10 NEIGHBORHOOD ADVISORY COUNCIL TERM EXPIRES DISTRICT NAME & ADDRESS 07/31 /13 Zone 1 Harriet Meltzer Unexp Apppt 02/16/2010 Rea 07/20/10 07/31 /11 Zone 2 LaLna Reines Unexp Appt 12/08/09 10/31 /10 Zone 3 Linda LaLnence Leib Unexp Appt 10/17/06 Rea 10/16/07 10/31 /10 Zone 4 Harold Van Arnem Appt 10/16/07 07/31 /11 Zone 5 Gail-Lee McDermott Unexp 03/03/08 Reapptl0/07/08 07/31 /11 Zone 6 Linda Prior Unexp Appt 02/20/07 Reapptl0/07/08 07/31 /11 Zone 1 Mr. Sal Cherch Unexp Appt 08/18/09 07/31/11 Zone 2 Ma1S' Elizabeth Cohn Appt10/21/08 07/31 /12 Zone 3 Shirl Fields Appt 10/17/06 Rea 10/06/09 07/31 /12 Zone 4 Isabel Make Unexp Appt 10/20/09 07/31/12 Zone 5 Matthew Hartley Appt 10/17/06 Rea 10/06/09 07/31 /12 Zone 6 Joseph Kamarata, Chair Appt 10/17/06 Rea 10/06/09 07/31 /11 At Large William NTilner Uenxp Apps 02/03/09 Re resentative 07/31 /11 At Large Patricia Westall Unexp Apps o~/19/05 Representative Reapptl0/25/05 Rea 10/07/08 07/31 /12 At Large Nlargherita Downey Appt 10/06/09 Re resentative 07/31/11 Student Vacant 07/31/11 Unexp Apps o~/06/10 Student Diana Ciuca Reappt08/03/10 Board 10/Neighborhood Advisory Council NEIGHBORHOOD ADVISORY COUNCIL EXHIBIT A Applicant Zone 3 Linda Laurence-Leib (Incumbent) Mary Minieka Applicant Zone 4 Barbara Chester (currently serving on the Financial Review Board) Suzanne Donohue Jan Kucera-Winney Jennifer Morris Mel Pollack Brian Rosen Subdivision Del-Aire Golf Club Linton Lakes Subdivision Lake Eden Dell Park N/A Colnon Subdivision N/A N/A CITY OF DELRAY BEACH, FLORIDA Neighborhood Advisory ~ouneil - Appoin#menf Zones - .. ,~ ~ ,~ CIlYOF D0.F7AY A~ACJ{ f~ AUM~lING 6.2OWNG D~AR7K4(t AMR{Yf 700e " arm w!k L1fY[s~T3 ~-.~.._-_.~_ --~rAL SSE WPSYSJBI-- GRwvF(IC SfJt[E -~ MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: October 5, 2010 SUBJECT: AGENDA ITEM 9.I. -REGULAR COMMISSION MEETING OF OCTOBER 19, 2010 APPOINTMENT TO THE BOARD OF ADJUSTMENT ITEM BEFORE COMMISSION This item is before the City Commission for an appointment to the Board of Adjustment. BACKGROUND There is a vacancy for an alternate member on the Board of Adjustment due to Mr. Harvey Starin being appointed to the Financial Review Board. The term is unexpired ending August 31, 2011. The Board of Adjustment shall consist of five (5) regular members. In addition, there shall be two (2) alternate members. To qualify for appointment, a person shall be either a resident of or own property in the City, and/or own a business within the City. The following individuals have submitted applications and would like to be considered for appointment: Allen Kilik Michael Park A check for code violations and/or municipal liens was conducted. None were found. Voter registration verification was completed and all are registered. Based on the rotation system, the appointment will be made by Commissioner Frankel (Seat #3) for one (1) alternate member to serve on the Board of Adjustment for an unexpired term ending August 31, 2011. RECOMMENDATION Recommend appointment of one (1) alternate member to serve on the Board of Adjustment for an unexpired term ending August 31, 2011. BOARD OF ADJUSTMENT 09/10 TERM EXPIRES REGULAR MEMBERS OCCUPATION 08 /31 /2011 Sigurdur Hardester, Q~airperson l~ilanager 10/05/04 imexp alt Reappt 08/16/05 alt Reappt 02/06/07 imexp reg Reappt03/03/08 Rea 08/19/09 08 /31 /2012 Mel Pollack Security 08/19/09 alt Unexp Appt 02/16/2010 reg Reappt09/07/10 08 /31 /2012 Bryce Newell Real E state Unexp Appt 08/31/08 alt Reappt 08/19/09 alt Unexp Appt 04/06/10 reg Reappt08/17/10 08/31/2012 Jose Herrera Special Events Coordinator Amt 08/17/10 08 /31 /2011 Jess Sowards Architect Unexp Appt 05/01 /07 alt Reappt 02/19/08 alt Amt 03/03/08 reg Rea 08/19/09 ALTERNATES 08/31/2011 Isabelle Alarie Principal-Landscape Architect Unexp Appt 05/25/10 08/31/2011 Unexp Appt Vacant Contact: Venice Cobb x-7056 Send Agenda to: Al Berg, Donna Quinlan & Brian Shutt Fax final Board Order to Chairperson for signature. S/City Clerk/Board 10/Board of Adjustment MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: October 5, 2010 SUBJECT: AGENDA ITEM 9.J. -REGULAR COMMISSION MEETING OF OCTOBER 19, 2010 APPOINTMENT TO THE EDUCATION BOARD ITEM BEFORE COMMISSION This item is before the City Commission for an appointment to the Education Board. BACKGROUND Mr. Kenneth Zeno, regular member on the Education Board, resigned effective September 13, 2010. Please see the resignation letter attached. This created a vacancy for one (1) regular member to serve an unexpired term ending July 31, 2012. Please be advised that there is a vacancy for a student member. However, there are no student applicants at this time. Members of the Education Board must be a resident of the City, own property, own or operate a business within the City or have a child attending Delray Beach public schools. It is the intent, whenever possible, that the membership include persons with a background in business, real estate and/or education. The following individuals have submitted applications and would like to be considered for appointment: (See Exhibit "A" attached) A check for code violations and/or municipal liens was conducted. None were found. Voter registration verification was completed and all are registered. Based on the rotation system, the appointment will be made by Commissioner Frankel (Seat #3) for one (1) regular member to serve on the Education Board for an unexpired term ending July 31, 2012. RECOMMENDATION Recommend appointment of one (1) regular member to serve on the Education Board for an unexpired term ending July 31, 2012. osno EDUCATION BOARD TERM EXPIRES NAME & ADDRESS OCCUPATION 07/31/2011 Catherine DeMatto unexp a~ oz/zo/o7 Training & Development/ Reappt 07/24/07 Reappt07/07/09 MaT'ketlTl & Sales g 07/31 /2012 Doreen Jadwick a~ 08/17/10 Educator 07/31/2012 Derline Pierre-Louis a~ 07/15/08 President/Plan & Pudget Reappt o7/zo/1o Revie~r 07/31/2012 Vacant 07/31 /2012 Debra Kaiser a~ o7/zo/1o Senior Director 07/31 /2012 Sandra Weatherspoon Amt 07/15/08 Assistant PT1riClpal Reappt07/20/10 7/31 /2011 Lydia Carreiro unexp a~ 10/06/09 Educator 07/31 /2011 Sandra Tobias, Qzair unexp a~ oz/z1/o6 Real Estate/Educator Reappt07/24/07 Reappt07/07/09 07/31 /2011 Perry Stokes Unexp Appt 01/03/06 Reappt07/24/07 Reappt 07/07/09 Educator 07/31 /2011 Mr. Peter Raycroft Unexp Appt 01/03/08 Educator Reappt07/07/09 07/31/2011 Melanee Slankstein unexp a~ 08/05/08 Educator/Consultant Reappt07/07/09 STUDENT MEMBERS one term limit 7/31 /2011 Nathaniel Ellis Appt 08/04/09 Student 2 YEAR TERM 7/31/2011 Student 1 YEAR TERM Vacant CITY REPRESENTATIVE: COMMISSION LIAISON: Janet Meeks -Education Coordinator 243-7231 Commissioner Fred Fetzer (Primary Member) Commissioner Nelson McDuffie (Alternate Member) EDUCATION BOARD EXHIBIT A Mary-Elizabeth Cohn Educator (currently serving on the Neighborhood Advisory Council) Waymon Dixon Ministry/Adjunct Professor (also applying for the Police Advisory Board) Walter Earley Educator-retired Jack Fowler Healthcare Consultant Philip Friedman Financial Aid-Assistant Director (currently serving on the Nuisance Abatement Board) Tam Knight Educator-Retired Myra Leavy Bazemore Educator Isabel Make Consultant-President/Educator (currently serving on the Neighborhood Advisory Council) Toni McMillan Educator Amanda Orndorff Educator/Career Academy Coordinator Sandra Owens Educator MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: October 5, 2010 SUBJECT: AGENDA ITEM 9.K. -REGULAR COMMISSION MEETING OF OCTOBER 19, 2010 APPOINTMENTS TO THE POLICE ADVISORY BOARD ITEM BEFORE COMMISSION This item is before the City Commission for appointments to the Police Advisory Board. BACKGROUND Mr. Brian Smith, regular member on the Police Advisory Board, verbally resigned effective September 28, 2010. This creates a vacancy for one (1) regular member to serve an unexpired term ending July 31, 2012. Secondly, Ms. Regine Celestin has graduated from high school and is no longer eligible to serve as a student member. This creates a vacancy for one (1) student member to serve an unexpired term ending July 31, 2011. Appointments are needed for one (1) regular member to serve an unexpired term ending July 31, 2012, and one (1) student member to serve an unexpired term ending July 31, 2011. In order to qualify for appointment, a person shall be either a resident of, own property, own a business or be an officer, director or manager of a business located within the City of Delray Beach. Membership shall include a diverse cross section of the community; business owners, religious and faith based organizations, youth, school officials and local organizations, where feasible. The following individuals have submitted applications and would like to be considered for appointment: (See Exhibit "A" attached) A check for code violations and/or municipal liens was conducted. None were found. Voter registration verification was completed and all are registered with the exception of Mr. Joseph Elisma who is a student and is not eligible to vote. Based on the rotation system, the appointments will be made by Commissioner Eliopoulos (Seat #1) for one (1) regular member to serve on the Police Advisory Board for an unexpired term ending July 31, 2012, and Commissioner Fetzer (Seat #2) for one (1) student member to serve an unexpired term ending July 31, 2011. RECOMMENDATION Recommend appointment of one (1) regular member to the Police Advisory Board to serve an unexpired term ending July 31, 2012, and one (1) student member to serve an unexpired term ending July 31, 2011. 08 /10 POLICE ADVISORY BOARD TERM EXPIRES NAME & ADDRESS 07/31 /11 Matthew Hartley Amt 12/08/09 07/31/12 Unexp Appt Vacant 07/31 /12 Ellen Major-Hanna amt o~/20/10 07/31 /12 Victor Kirson Unexp Appt07/07/09 Reappt07/20/10 07/31 /11 MatthewMonahan Unexp Appt04/20/10 07/31/11 Jason Dollard Unexp Appt 09/03/08 Reappt07/07/09 07/31 /12 Carl Forrest Unexp Appt 01/05/10 Reappt07/20/10 07/31 /11 Joseph Ingram Jr. Amt 01/03/08 Reapptl2/08/09 07/31 /12 Edith Thompson amt o~/20/10 07/31 /12 Jeff Ritter Unexp Appt 11/03/09 Reappt07/20/10 07/31 /11 Kevin Warner Unexp Appt 01/05/10 07/31/11 Unexp Appt (Student) Vacant 07/31 /12 Brittany Smith Unexp Appt 09/10/09 Reappt 08/03/10 Student Contact: Venice Cobb 243-7056 S/City Qerk/Board 10/I'olice Achnsory Board City of Delray Beach Police Advisory Board -Applicants Exhibit A 1. Wyana Claxton ResidentBusiness Owner 2. Joseph Elisma Student 3. Laura Fenoglio ResidentBusiness Owner 4. John Hallahan Haitian Resident 5. Allen Kilik Resident 6. Jennifer Morris Resident 7. Edith Thompson Resident MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: October 7, 2010 SUBJECT: AGENDA ITEM 10.A. -REGULAR COMMISSION MEETING OF OCTOBER 19, 2010 ORDINANCE NO.25-10 (SECOND READING/ SECOND PUBLIC HEARINGI ITEM BEFORE COMMISSION This ordinance is before Commission for second reading and public hearing to consider a city initiated amendment to the Land Development Regulations (LDR) by amending Section 4.3.3, "Special Requirements For Specific Uses", Subsection (T), "Family Day Care" and enacting a new Subsection (TT), "Large Family Child Care Home"; amending Subsection (C), "Accessory Uses and Structures Permitted" and Subsection (D), "Conditional Uses and Structures Allowed" of Section 4.4.3, "Single Family Residential (R-1) Districts", Section 4.4.5, "Low Density Residential (RL) District", Section 4.4.6, "Medium Density Residential (RM) District", Section 4.4.7, "Planned Residential Development (PRD) District", Section 4.4.9, "General Commercial (GC) District", Section 4.4.13, "Central Business (CBD) District", Section 4.4.17, "Residential Office (RO) District", and Section 4.4.24, "Old School Square Historic Arts District (OSSHAD)"; amending Section 4.4.9, "General Commercial (GC) District", Subsection (G), "Supplemental Regulations", Sub-subsection (3), Four Corners Overlay District; amending Section 4.4.29, "Mixed Residential, Office and Commercial (MROC) District", Subsection (C), "Accessory Uses and Structures Permitted" and Subsection (E), "Conditional Uses and Structures Allowed", in order to update the Land Development Regulations (LDR) to comport with changes in state law; amending Appendix A, "Definitions", to revise the definitions of "Child Care Facility" and "Family Day Care Facilities" and enacting a new definition, "Large Family Child Care Home". BACKGROUND At first reading on October 5, 2010, the Commission approved Ordinance No. 25-10. RECOMMENDATION Recommend approval of Ordinance No. 25-10 on second and final reading. ORDINANCE N0.25-10 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY PEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS PY AMENDING SECTION 4.3.3, "SPECIAL REQUIREMENTS FOR SPECIFIC USES", SUBSECTION (T), "FAMILY DAY CARE" AND ENACTING A NEW SUBSECTION (TT), "LARGE FAMILY CHILD CARE HOME"; AMENDING SUBSECTION (C), "ACCESSORY USES AND STRUCTURES PERMITTED" AND SUBSECTION (D), "CONDITIONAL USES AND STRUCTURES ALLOWED" OF SECTION 4.4.3, "SINGLE FAMILY RESIDENTIAL (R-1) DISTRICTS", SECTION 4.4.5, "LOW DENSITY RESIDENTIAL (RL) DISTRICT", SECTION 4.4.6, "MEDIUM DENSITY RESIDENTIAL (RM) DISTRICT", SECTION 4.4.7, "PLANNED RESIDENTIAL DEVELOPMENT (PRD) DISTRICT", SECTION 4.4.9, "GENERAL COMMERCIAL (GC) DISTRICT", SECTION 4.4.13, "CENTRAL PUSINESS (CBD) DISTRICT", SECTION 4.4.17, "RESIDENTIAL OFFICE (RO) DISTRICT", AND SECTION 4.4.24, "OLD SCHOOL SQUARE HISTORIC ARTS DISTRICT (OSSHAD)"; AMENDING SECTION 4.4.9, "GENERAL COMMERCIAL (GC) DISTRICT", SUBSECTION (G), "SUPPLEMENTAL REGULATIONS", SUS-SUBSECTION (3), FOUR CORNERS OVERLAY DISTRICT; AMENDING SECTION 4.4.29, "MIXED RESIDENTIAL, OFFICE AND COMMERCIAL (NIIZOC) DISTRICT", SUBSECTION (C), "ACCESSORY USES AND STRUCTURES PERMITTED" AND SUBSECTION (E), "CONDITIONAL USES AND STRUCTURES ALLOWED", IN ORDER TO UPDATE THE LAND DEVELOPMENT REGULATIONS TO COMPORT WITH CHANGES IN STATE LAW; AMENDING APPENDIX A, "DEFINITIONS", TO REVISE THE DEFINITIONS OF "CHILD CARE FACILITY" AND "FAMILY DAY CARE FACILITIES" AND ENACTING ANEW DEFINITION, "LARGE FAMILY CHILD CARE HOME"; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE AND AN EFFECTIVE DATE. WHEREAS, the changes included in this text amendment are being made to update the Land Development Regulations to comport with changes in State law; and WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning Poard reviewed the proposed text amendment at a public hearing held on August 23, 2010 and voted 5 to 1 to recommend that the changes be approved and WHEREAS, pursuant to Florida Statute 163.3174(4)(c), the Plarn~ing and Zoning Poarc~ sitting as the Local Plarn~ing Agency, has determined that the change is consistent with and furthers the goals, objectives and policies of the Comprehensive Plan; and WHEREAS, the City Commission of the City of Delray Peach adopts the findings in the Plarn~ing and Zoning Staff Report; and WHEREAS, the City Commission of the City of Delray Peach finds the ordinance is consistent with the Comprehensive Plan. NOW, THEREFORE, PE IT ORDAINED PY THE CITY COMNIISSION OF THE CITY OF DELRAY PEACH, FLORIDA, AS FOLLOWS: Section 1. That the recitations set forth above are incorporated herein Section 2. That Section 4.3.3, "Special Requirements for Specific Uses", Subsection (T), "Family Day Care", of the Land Development Regulations of the City of Delray Peach, Florida, are hereby amended to read as follows: (T) Family Day Care Home: ~ee-Sti;?s~ ~~ ~, ~": ~''~`r r'~'~"' ~'~"'"i~j (1) Shall only be as an accessory use in a private residence and may function as either for or not for profit. (2) Is limited to no more than €~e six children at any one time but may be conducted t~nty--four hours a day. (3) The person furnishing such service shall have a current, valid permit from Palm Peach County for operation of a family day care ~ home, as required by Article II of Chapter 39, Palm Peach County Code; and a City of Delray Peach occupational license as a "Family Day Care ~ Home' . (4) A Family Day Care Home which is registered with the State Department of Health and Rehabilitative Services (HRS) are specifically exempt from having to obtain any special exemption or use permit or pay any special fee in excess of $50 to operate within the City (F.S. 166.0445). (5) Paby-sitting services provided by an individual at the home of the parents or legal guardial-~s are deemed to be exempt from these provisions. 2 ORD. NO. 25-10 Section 3. That Section 4.3.3, "Special Requirements for Specific Uses", of the Land Development Regulations of the City of Delray Seach, Florida, is hereby amended by enacting a new Subsection (TT), "Large Family Child Care Home", to read as follows: (TT, Large Family Child Care Home (1) Requirements: Two full-time child care personnel must be on the premises during the hours of operation (a) One of the full time child care personnel must be the owner or occupant of the residence. (b) Such use must first have operated as a licensed famil~y care home for two years, with an operator who has had a child development associate credential or its equivalent for one (1Z~ar. (c) A large family child care home shall be allowed to provide care for one of the following'- rg_oups of children which shall include those children Linder 13 years of age who are related to the caregiver: (i) A maximum of eigh~8) children from birth to 24 months of age, or; (ii) A maximum of twelve (12) children with no more than four (~ children under 24 months of aye. (2) Floor Area: Facilities shall contain a minimum floor area of 35 square feet per child exclusive of space devoted to bathrooms, halls, kitchen, offices, and storage. b (5) Other Regulations: All child care facilities shall comply with state and count~gulations. ORD. NO. 25-10 (3) Outdoor Area: There shall be a minimum area of 75 square feet of outdoor Section 4. That Section 4.4.3, "Single Family Residential (R-1) Districts", Subsection (C), "Accessory Uses and Structures Permitted", and Subsection (D), "Conditional Uses and Structures Allowed", of the Land Development Regulations of the City of Delray Seacl-y Florida, is hereby amended to read as follows: (C) Accessory Uses and Structures Permitted: The following uses are allowed when a part of, or accessory to, the principal use: (1) Uses and structures normally associated with residences such as: bird aviaries, boat docks, dog houses and dog nos, garages, greenhouses, guest cottages, playhouses, pool houses and covers, pump houses, slat houses, storage sheds, tennis courts, swimming pools, and workshops. (2) Home occupations subject to the restrictions set forth in Section 4.3.3(K). (3) Family day care home pursuant to ,,,,~+~.:,,,.:~,-.~ ~~'- ~~~'-'~ ~„ Section 4.3.3(T). (4) Home tutorial services subject to the restrictions set forth in Section 4.3.3(KK). (5) Recreational facilities attendant to a subdivision which is operated under a bonafide homeowners association such as: tennis courts, swimming pools, exercise area, clubhouse, and golf courses. (6) The rental or lease of a boat dock when the dock is assigned to, or on the same lot as each residential use on a one-to-one basis. (D) Conditional Uses and Structures Allowed: The following uses are allowed as conditional uses within the Single Family Districts. (1) Child care and adult daycare. (2) Churches, or places of worship, and their attendant educational, nursery, Sunday school, recreational, and columbarium facilities. The foregoing does not allow establishment of educational and care uses such as elementary school and general day care; however, such uses maybe established by a separate conditional use application for child care or rezoning to C.F., as appropriate. (3) Private educational facilities subject to the restrictions set forth in Section 4.3.3(1=~H~). (4) The use of common recreational facilities such as s~~vimming pools and tennis courts, associated with a subdivisiory for club or commercial purposes. 4 ORD. NO. 25-10 (5) Single family detached residences in zero lot developments but only in the R- 1-A and R-1-AA Districts. (6) Large Family Child Care Home, subiect to Section 4.3.3(TT~ Section 5. That Section 4.4.5, "Low Density Residential (RL) District", Subsection (C), "Accessory Uses and Structures Permitted", and Subsection (D), "Conditional Uses and Structures Allowed", of the Land Development Regulations of the City of Delray Seacl-y Florida, are hereby amended to read as follows: (C) Accessory Uses and Structures Permitted: The following uses are allowed when a part of, or accessory to, the principal use: (1) Uses and structures normally associated with residences such as: bird aviaries, boat docks, dog houses and dog rims, garages, greenhouses, playhouses, pool houses and covers, pump houses, slat houses, storage sheds, tennis courts, workshops, and home occupations. (2) Family day care home pursuant to ,,,,~+~.:,,,-;~,-.~ ~~'- ~~~'-'~ ~„ Section 4.3.3(T). 4.3.3(KK). (3) Home tutorial services subject to the restrictions set forth in Section (4) Home occupations. (5) Recreational facilities attendant to a subdivision which are operated under a bonafide homeowners association such as: tennis courts, swimming pools, exercise area, clubhouse, and private golf courses. (6) The rental or lease of a boat dock when the dock is assigned to, or on the same lot as, each residential use on a one-to-one basis. (7) Guest cottages, only when accessory to a single family detached structure. (D) Conditional Uses and Structures Allowed: The following uses are allowed as conditional uses within the RL District. (1) Child care and adult daycare (2) Churches, or places of worship, and their attendant educational, nursery, Sunday school, recreational, and columbarium facilities. The foregoing does not allow establishment of educational and care uses such as elementary school and general day care; however, such uses may be established by a separate conditional use application for child care or rezoning to C.F. as appropriate. 5 ORD. NO. 25-10 (3) Private educational facilities subject to the restrictions set forth in Section 4.3.3(1=~H~). (4) The use of common recreational facilities such as swimming pools, tennis courts, and golf courses (associated with a subdivision) for club or commercial purposes. (5) Single family detached residences in zero lot developments. (6) Group Home, Type 2, and Community Residential Homes, pursuant to restrictions set forth in Section 4.3.3(I). (7) Large Family Child Care Home, subiect to Section 4.3.3(TT~ Section 6. That Section 4.4.6, "Medium Density Residential (RM) District", Subsection (C), "Accessory Uses and Structures Permitted", and Subsection (D), "Conditional Uses and Structures Allowed", of the Land Development Regulations of the City of Delray Seach, Florida, are hereby amended to read as follows: (C) Accessory Uses and Structures Permitted: The following uses are allo~d when a part of, or accessory to, the principal use: (1) Uses and structures normally associated with residences such as: bird aviaries, boat docks, dog houses and dog rims, garages, greenhouses, playhouses, pool houses and covers, pump houses, slat houses, storage sheds, tennis courts, workshops, swimming pools, and home occupations. (2) Family day care home pursuant to ,,,,~+~.:,,,-;~,-.~ ~~'- ~~~'-'~ ~„ Section 4.3.3(T). (3) Home tutorial services subject to the restrictions set forth in Section 4.3.3.(KK). (4) Recreational facilities attendant to a subdivision which is operated under a bonafide homeowners association such as: tennis courts, swimming pools, exercise area, clubhouse, and private golf courses. (5) The rental or lease of a boat dock when the dock is assigned to, or on the same lot as, each residential use on a one-to-one basis (6) Guest cottages, only when accessory to a single family detached structure. 6 ORD. NO. 25-10 (D) Conditional Uses and Structures Allowed: The following uses are allowed as conditional uses within the RM District. (1) Residential Licensed Service Provider Facilities subject to restrictions set forth in Section 4.3.3(D). (2) Child care and adult day care. (3) Private educational facilities subject to the restrictions set forth in Section 4.3.3(HHH). (4) Churches, or places of worship, and their attendant educational, nursery, Sunday school, recreational, and columbarium facilities. The foregoing does not allow establishment of educational and care uses such as elementary school and general day care; however, such uses may be established by a separate conditional use application for child care or rezoning to CF, as appropriate. (5) Nursing homes. (6) The use of common recreational facilities such as swimming pools, tennis courts, and golf courses (associated with a subdivision) for club or commercial purposes. (7) Single family detached residences in zero lot developments. (8) Yacht club with facilities. (9) Dock master facilities when associated with a multi family development which has a marina. (10) Private beach clubs with attendant recreational, dining, and related accessory facilities within one of the following areas: (a) the area lying south of Atlantic Dunes Park and east of State Road A1A, or (b) south of Casurina Road north of Pucida road and east of State Road A1A. (11) Multiple family residential development may exceed twelve (12) units per acre, up to a maximum of twenty-four (24) units per acre within the Southwest Neighborhood Overlay District defined in Section 4.5.9, subject to the provisions of Section 4.4.6(I), Article 4.7, and based upon the development's conforniance with the applicable standards and criteria descnbed within the adopted Southwest Area Neighborhood Redevelopment Plan (12) Multiple family residential development may exceed twelve (12) units per acre, up to a maximum of twenty-four (24) units per acre within the Carver E states Overlay District 7 ORD. NO. 25-10 as defined in Section 4.5.11 and up to a maximum of eighteen (18) units per acre within the Infill Workforce Housing Area, subject to the provisions of Section 4.4.6(1), and Article 4.7. (13) Bed and Breakfast Inns, subject to the provisions of LDR Section 4.3.3(Y) (14~Large Family Child Care Home, subiect to Section 4.3.3(TT~ Section 7. That Section 4.4.7, "Planned Residential Development (PRD) District", Subsection (C), "Accessory Uses and Structures Permitted", and Subsection (D), "Conditional Uses and Structures Allo~d", of the Land Developrr~ent Regulations of the City of Delray Seach, Florida, are hereby amended to read as follows: (C) Accessory Uses and Structures Permitted: The following uses are allowed when a part of, or accessory to, the principal use: (1) Uses and structures normally associated with residences such as: bird aviaries, boat docks, dog houses and dog rims, garages, greenhouses, playhouses, pool houses and covers, pump houses, slat houses, storage sheds, tennis courts, workshops, and home occupations. (2) Family Day Care home pursuant to ,,,,~+~.:,,,-;~,-.~ ~~'- ~~~-'-'~ ~„ Section 4.3.3(T). (3) Recreational facilities attendant to a subdivision which is operated under a bonafide homeowners association such as: tennis courts, swimming pools, exercise area, clubhouse, and private golf courses. (4) The rental or lease of a boat dock when the dock is assigned to, or on the same lot as, each residential use on a one-to-one basis. (D) Conditional Uses and Structures Allowed: The following uses are allowed as conditional uses within the PRD District. (1) Child Care and Adult Day Care (2) The use of common recreational facilities such as swimming pools, tennis courts, and golf courses for club or commercial purposes. (3) Private educational facilities subject to the restrictions set forth in Section 4.3.3 (HHH). (4) Large Family Child Care Home, subiect to Section 4.3.3(TT~ 8 ORD. NO. 25-10 Section 8. That Section 4.4.9, "General Commercial (GC) District, Subsection (C), "Accessory Uses and Structures Permitted", and Subsection (D), "Conditional Uses and Structures Allowed", of the Land Development Regulations of the City of Delray Seacl-y Florida, are hereby amended to read as follows: (C) Accessory Uses and Structures Permitted: The following uses are allowed when a part of, or accessory to, the principal use: (1) Parking lots; (2) Refuse and service areas; (3) Provision of services and repair of items incidental to the principal use; (4) Storage of inventory either within the same structure as where the sale of goods occurs or in a separate structure on the same parcel provided that such storage facilities are not shared or leased independent of the primary commercial use on the site; (5) Single family detached dwellings for residence by business owners, proprietors, or employces. (6) Family care home pursuant to Section 4.3.3(T~ (D) Conditional Uses and Structures Allowed: The following are allov`ed as conditional uses within the GC District, except as modified in the North Federal Highway Overlay District by Section 4.4.9(G)(2) and except as modified in the Four Corners Overlay District by Section 4.4.9(G)(3)(c). (1) Residential Licensed Service Provider Facilities subject to restrictions set forth in Section 4.3.3(D). (2) Amusement game facilities. (3) Wash establishments or facilities for vehicles. (4) Child Care and Adult Day Care. (5) Clubs and Lodges; social, fraternal, and recreational not exceeding 3,500 sq. ft. of gross floor area (6) Drive-in Theaters. 9 ORD. NO. 25-10 (7) Flea Markets, bazaars, merchandise marts, and similar retail uses. (8) Funeral Homes. (9) Gasoline Stations or the dispensing of gasoline directly into vehicles. (10) Hotels and Motels. (11) Free-standing multiple-family housing subject to the requirements of the RM District except for setback and height requirements which shall be pursuant to this Section (12) Recreational establishments such as bowling alleys, gyrrn-rasiums, health spas, miniature golf courses, skating rinks. (13) Sales and service of All Terrain Vehicles and personal watercraft (wavemm~ers, j et skis), with no outside display, outside storage or outside service. (14) Vehicle care limited to the changing of oil and filters, and lubrication with no mechanical work or outside storage of vehicles except as a part of a gasoline station (15) Veterinary Clinics. (16) Group Home, Type 2 and Community Residential Homes, pursuant to restrictions set forth in Section 4.3.3(I). (1~ Adult Gaming Centers. (18) Churches or places of worship, and their attendant Sunday school, recreational and columbarium facilities not exceeding 3,500 square feet of gross floor area. The foregoing does not allow establishment of educational and care uses such as elementary school and general day care. (19) Multiple family residential development may exceed twelve (12) units per acre, up to a maximum of eighteen (18) units per acre within the Infill Workforce Housing Area, subject to the provisions of Section 4.4.6(1), and Article 4.7, and subject to the requirements of the RM District except for setback and height requirements, which shall be pursuant to this Section (20) Assisted Living Facilities and Continuing Care Facilities subject to the requirements of the RM District except for setback and height requirements which shall be pursuant to this Section. (21~ge Family Child Care Home, subiect to Section 4.3.3(TT~ 10 ORD. NO. 25-10 Section 9. That Section 4.4.9, "General Commercial (GC) District, Subsection (G), "Supplemental Regulations", Sub-subsection (3), "Four Corners Overlay District", of the Land Development Regulations of the City of Delray Seach, Florida, are hereby amended to read as follows: (3) Four Corners Overlay District: The following supplemental district regulations apply to the Four Corners Overlay District, as defined in Section 4.5.14. (a) The permitted uses shall be those uses listed in Sections 4.4.9(5)(1,2,4,5). (b) The accessory uses shall be those uses listed in Section (C). (c) The conditional uses shall be those uses listed in Sections (D)(1, 3, 4,10, 12,15, 20 and 21). (d) Standards Pertaining to Allocation of Uses: 1. Office uses can encompass up to one hundred percent (100%) of the total building square footage within a Four Corners Overlay master development plan. 2. Retail uses shall not encompass more than one hundred percent (100%) of the total building area square footage of the Four Comers Overlay master development plan. 3. Hotels, motels, and residential all suite lodging shall not encompass more than 20% of the total building area square footage of the Four Comers Overlay master development plan. Notwithstanding the above, hotels, motels and residential all suite lodging can comprise 100% of the floor area of an individual building within a MDP containing multiple buildings. 4. Multi-family Dwelling Units: Multi-family uses excluding duplexes subject to (a)(b)(c)(d)(e) below, ranging in density not to exceed 30 units per acre subject to the following. a. Residential units may comprise 75% of the total floor area of the development master plan at a maximum density of (30) units per acre and only when proposed as part of a mixed use development containing office and/or commercial uses. 11 ORD. NO. 25-10 b. Residential developments must include a minimum of 20% workforce units consisting of moderate income workforce units as defined by Article 4.7 Family/Workforce Housing c. Workforce units shall be subject to general provisions of Article 4.7.6, 4.7.7, 4.7.8, 4.7.9, and 4.7.10. d For mixed use developments, the shared parking provisions of LDR Section 4.6.9. (C)(8) shall be allowed e. All residential developments shall be subject to the Perforniance Standards of 4.4.13(1)(2) (e) Standards Unique to the Four Corners Overlay District: Where standards unique to the Four Corners Overlay District conflict with standards contained elsewhere in the zoning, subdivision, and landscape codes, the standards of this Subsection shall apply. 1. Lot Coverage & Open Space: a. Land area equal to at least 25% of the individual Four Corners Overlay District Master Development Plan (MDP) including the perimeter landscaped boundary, shall be in open space. Water bodies and paved areas shall not be included in the meeting of this 25% open space requirement. 2. Minimum Structure Size: Any free-standing non residential principal structure shall have a minimum floor area of 4,000 square feet; shall be architecturally consistent with other structures in the master development plan; and shall have direct access to and from other portions of the Four Comers Overlay development. 3. Office and Commercial Floor Heights shall be a minimum of twelve feet (12') floor to floor on the first floor and ten (10') floor to floor on all floors above. Residential uses shall have a minimum nine feet (9') floor to floor on all floors. Hotel, motel and residential all suite lodging shall have a minimum of eight feet six inches (8' 6") floor to floor on all floors. Auxiliary and service rooms, such as, garages, restrooms, closets, laundry rooms, dressing rooms, storage rooms, mechanical, electrical, and plumbing 12 ORD. NO. 25-10 equipment rooms are exempted from the floor height regulations. Section 10. That Section 4.4.13, "Central Business (CSD) District", Subsection (C), "Accessory Uses and Structures Permitted", and Subsection (D), "Conditional Uses and Structures Allowed", of the Land Development Regulations of the City of Delray Seacl-y Florida, is hereby amended to read as follows: (C) Accessory Uses and Structures Permitted: The following uses are allowed when a part of, or accessory to, the principal use: (1) Parking lots. (2) Refuse and service areas. (3) Provision of services and repair of items incidental to the principal use. (4) Storage of inventory either within the same structure as where the sale of goods occurs or in a separate structure on the same parcel provided that such storage facilities are not shared or leased independent of the primary commercial use of the site. (5) A single family residence, either separate or within a structure housing a nonresidential use, provided that the residence is occupied by the owner, proprietor, or employee of a business enterprise conducted on the property. (6) Recreational facilities attendant to amulti-family residential development, such as tennis courts, sv~imrr~ing pools, exercise areas, and meeting rooms. (7) Single level mechanical parking lifts for in fill development projects that have been vacant for a minimum period of one (1) year, pursuant to the requirements of Sections 4.6.9(D)(11) and 4.6.9(F)(4). (8) Family care home pursuant to Section 4.3.3(T~ (D) Conditional Uses and Structures Allowed: The following uses are allowed as conditional uses within the CSD District: (1) Residential Licensed Service Provider Facilities subject to restrictions set forth in Section 4.3.3(D). (2) Amusernent game facilities limited to such uses as pinball, air hockey, electronic games, and other similar coin operated games when an attendant is on duty. (3) Child care and adult day care. 13 ORD. NO. 25-10 (4) Financial institutions, e.g, banks and similar institutions including drive through facilities pursuant to restrictions set forth in Section 4.4.13(H)(1). (5) Funeral homes including accessory uses, such as, a chapel, crematory, and the like. (6) Gasoline stations or the dispensing of gasoline directly into vehicles, except that such use shall not be allowed in the West Atlantic Neighborhood, the Peach District, nor on lots which front along Atlantic Avenue or N.E. 2nd Avenue (a/k/a Pineapple Grove Way), beginning at a point 105' south of N.E. 4d1 Street. (7) Recreational establishments such as bowling alleys, gyrrn-tasiums, health spas, miniature golf courses, skating rinks. (8) Veterinary clinics. (9) Movie theaters, excluding drive-ins. (10) Playhouses, dinner theaters, and places of assembly for commercial entertainment purposes (e.g., concerts, live perforniances). (11) Flea markets, bazaars, merchandise marts, and similar retail uses. (12) Wash establishment, with automatic/mechanical systems only, for vehicles, except that such use shall not be located east of the Intracoastal Waterway or on lots which front along Atlantic Avenue. Further, this use must be established on properly with a minimum lot area of 20,000 sq.ft. (13) Multi family duelling units, excluding duplexes, at a density greater than thirty (30) units per acre, on properly located south of N.E. 2nd Street and north of S.E. 2nd Street, subject to the standards and limitations of Section 4.4.13(1). (14) Group Home, Type 2 and Community Residential Homes, pursuant to restrictions set forth in Section 4.3.3(I). (15) Restaurants, Cocktail Lounges, Hotels, and Residential Type Inns may provide their required parking as valet parking, subject to the provisions of Section 4.6.9(F)(3). (16) Drive-in or drive-through restaurants on property located within the West Atlantic Neighborhood 14 ORD. NO. 25-10 (17) Hotels, motels, bed and breakfast inns, and residential-type inns on property located within the West Atlantic Neighborhood (18) Free standing or mixed use residential development at a density greater than twelve (12) units per acre, but not exceeding 30 units per acre, on properly located within the West Atlantic Neighborhood, subject to the standards and limitations of Section 4.4.13(I). (19) Bed and Breakfast Inns within the West Atlantic Neighborhood, subject to the provisions of LDR Section 4.3.3(Y) (20) Live/Work Unit, subject to Section 4.3.3(KKK). (21~ge Family Child Care Home subiect to Section 4.3.3(TT~ Section 11. That Section 4.4.17, "Residential Office (RO) District", Subsection (C), "Accessory Uses and Structures Permitted", and Subsection (D), "Conditional Uses and Structures Allowed", of the Land Development Regulations of the City of Delray Seach, Florida, is hereby amended to read as follows: (C) Accessory Uses and Structures Permitted: The following uses are allowed when a part of, or accessory to, the principal use: (1) Parking lots. (2) Refuse and service areas. (3) Uses and structures normally associated with residences such as: bird aviaries, boat docks, dog houses and dog nos, garages, greenhouses, guest cottages, playhouses, pool houses and covers, pump houses, slat houses, storage sheds, tennis courts, workshops, s~~imming pools, and home occupations. (4) Family day care home pursuant to ,,,,~+~.:,,,-;~,-.~ ~~'- ~~~'-'~ ~„ Section 4.3.3(T) (D) Conditional Uses and Structures Allowed: The following uses are allowed as conditional uses within the RO District: (1) Child care and adult daycare. (2) Residential Licensed Service Provider Facilities subject to restrictions set forth in Section 4.3.3(D). 15 ORD. NO. 25-10 (3) Bed and Breakfast Inns, subject to the provisions of LDR Section 4.3.3(Y). (4) Group Home, Type 2, and Community Residential Horner, pursuant to restrictions set forth in Section 4.3.3(I). (5) Large Family Child Care Home, subiect to Section 4.3.3(TT~ Section 12. That Section 4.4.24, "Old School Square Historic Arts District (OSSHAD)", Subsection (C), "Accessory Uses and Structures Pemutted", and Subsection (D), "Conditional Uses and Structures Allowed", of the Land Development Regulations of the City of Delray Seach, Florida, is hereby amended to read as follows: (C) Accessory Uses and Structures Permitted: The following uses are allowed when a part of, or accessory to, the principal use: (1) Uses and structures normally associated with residences such as: bird aviaries, dog houses and dog rims, garages, greenhouses, guest cottages, playhouses, pool houses and covers/enclosures, pump houses, slat houses, storage sheds, workshops, swimming pools, and home occupations. (2) On a parcel that has as its principal use a non residential use, there maybe no more than twe residential units, either within a separate structure or within a structure housing a nonresidential use. (3) Family Day Care Home~ursuant to Section 4.3.3(T~ (4) Parking lots and refuse storage areas (5) Outdoor dining areas which are accessory or supplemental to a restaurant or business use, provided the operation of the outdoor dining area is limited to daylight hours. (6) Within the following described areas, the uses allowed as accessory uses in Section 4.4.13(C) pursuant to the base district and special regulations of the Central Business District regulations shall also be allowed in the OSSHAD: (a) Lots 13-16, Flock 60 (b) Lots 1- 4, Flock 61 (c) Lots 1- 7 and 19-24, Flock 69 (d) Lots 7- 8, and the South 34.75 feet of Lot 6, Flock 75; and (e) Lots 1- 6, Slock 76 (D) Conditional Uses and Structures Allowed: The following uses are allowed as conditional uses within the OSSHAD: 16 ORD. NO. 25-10 (1) Outdoor dining which operates at night or which is the principal use or purpose of the associated restaurant. (2) Residential Licensed Service Provider Facilities subject to restrictions set forth in Section 4.3.3(D), Child Care, Adult Day Care, and Nursing Homes. (3) Public Parking lots not associated with a use. (4) Residential type inns, not to exceed more than eighteen (18) individually leased suites or rooms per acre. (5) Group Home, Type 2, and Community Residential Homes, pursuant to restrictions set forth in Section 4.3.3(I). (6) Large Family Child Care Home, subiect to Section 4.3.3(TT~ Section 13. Tk~at Section 4.4.29, "NTixed Residential, Office And Commercial (NIIZOC) District", Subsection (C), "Accessory Uses and Structures Permitted", and Subsection (E ), "Conditional Uses and Structures Allo~d", of the Land Development Regulations of the City of Delray Seacl-y Florida, is hereby amended to read as follows: (C) Accessory Uses and Structures Permitted: The following uses are allowed when a part of, or accessory to, the principal use: (1) Parking lots and parking garages (2) Refuse, service and loading areas (3) Meeting and conference facilities when associated with uses in the Master Plan. (4) Provision of services and repair of items incidental to the principal use. (5) Recreational facilities attendant to amulti-family residential development, such as tennis courts, sv~imming pools, exercise areas, and meeting rooms. (6) Fleet Management, field operations services, and communication facilities associated with governmental offices and services. (7) Family Day Care Home, pursuant to Section 4.3.3(T~ 17 ORD. NO. 25-10 (E) Conditional Uses and Structures Allowed: The following uses are allowed as conditional uses within the MROC District. Uses approved in this section shall be part of the maximum percentage for each use. (1) Health spas, fitness centers, gyrru~asiums, and exercise facilities which are open to the general public (2) Veterinary clinics. (3) Drive-thru facilities associated with any allowed use. (4) 24 hour/late night businesses (except for governmental offices and services) as defined herein must be processed as a conditional use and are subject to the provisions of Section 4.3.3(w). (5) Day Care Centers subject to LDR Section 4.3.3 (E) (6) Educational Facilities, training centers, and vocational schools. This use will be considered similar to "Office Center" for the purposes of MROC regulations pertaining to types of uses, except for parking, which shall be pursuant to Section 4.4.29(H)(8). (7) Large Family Child Care Home, subiect to Section 4.3.3(TT~ Section 14. That Appendix "A", "Definitions", of the Land Developrr~ent Regulations of the City of Delray Beach, Florida, is hereby amended as follows: CHILD CARE FACILITY: An establishment in which custodial care is rendered to six or more children unrelated to the operator, and for which the owner or operator receives a payment, fee, or grant for any of the children receiving care, whether or not operating for profit. FAMILY DAY CARE n^~T~~ HOME: An accessory use conducted in an ~e occupied residence in which custodial care is rendered to one to €i~e six children, inclusive, and for which the owner or operator receives a payment, fee, or grant for any of the children receiving care, whether or not operating for profit. Baby-sitting services provided by an individual at the home of the parents or legal guardians is not deemed to be a Family Day Care Home LARGE FAMILY CHILD CARE HOME: An occupied residence in which custodial care 18 ORD. NO. 25-10 Section 15. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid Section 16. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed Section 17. That this ordinance shall become effective immediately upon its passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the day of , 2010. ATTEST City Clerk First Reading Second Reading MAYOR 19 ORD. NO. 25-10 Coversheet MEMORANDUM TO: Mayor and City Commissioners FROM: Mark McDonnell, AICP, Asst. Director Planning and Zoning Paul Dorling, AICP, Director Planning and Zoning. THROUGH: City Manager DATE: September 29, 2010 Page 1 of 2 SUBJECT: AGENDA ITEM 10.B. -REGULAR COMMISSION MEETING OF OCTOBER 5, 2010 ORDINANCE N0.25-10 (FIRST READING/FIRST PUBLIC HEARING ITEM BEFORE COMMISSION Consideration of achy-initiated amendment to the Land Development Regulations (LDRs) that will add Large Family Child Care Homes as a conditional use in specific zoning districts with established criteria to comport with changes in State law. Further, an increase to the limit on the number of children from five (5) to six (6) is made for Family Day Care Homes and reference is moved from individual zoning designations to the Special Regulations section of the Land Development Regulations. Finally, amendments to the accessory use and conditional use sections pertaining to specific zoning districts is made to effect these changes. BACKGROUND Recent legislative changes to Florida Statutes (HB 1045-specific to Palm Beach County) became effective on May 26, 2010. The proposed ordinance reflects the components of the bill, particularly those that introduce Large Family Child Care Homes as a newly defined use. The ordinance will allow that use as a conditional use in the following zoning districts: R-1 Single Family Residential RL-Residential Low Density RM-Medium Density Residential PRD-Planned Unit Development GC-General Commercial CBD-Central Business District CBD-RC-Central Business District-Railroad Corridor RO-Residential Office OSSHAD-Old School Square Historic Arts District MROC-Mixed Residential Office and Commercial Following are some of the criteria that will regulate Large Family Child Care Homes: http://agendas.mydelraybeach.com/Bluesheet.aspx?ItemID=3837&MeetingID=272 10/7/2010 Coversheet Page 2 of 2 -Two full-time child care personnel must be on the premises during the hours of operation, one of whom must be the owner or occupant of the residence. -The use must have first operated as a licensed family day care home for two years, with an operator who has had a child development associate credential or its equivalent for one (1) year. -A large family child care home will be allowed to provide care for one of the following groups of children which shall include those children under 13 years of age who are related to the caregiver: A maximum of eight (8) children from birth to 24 months of age, or; A maximum of twelve (12) children with no more than four (4) children under 24 months of age. -Facilities must contain a minimum floor area of 35 square feet per child, exclusive of space devoted to bathrooms, halls, kitchen, offices, and storage. -There must be a minimum area of 75 square feet of outdoor play area per child. The play area must be located on the same lot as the principal use and can not be located in the front yard setback or adjacent to any outdoor storage area. The play area shall be surrounded by a six-foot high fence or wall. -A pick-up and drop-off area for children must be provided in a convenient area adjacent to the building and shall provide clear ingress and egress to the building. Additionally, the amendment increases the limit on the number of children allowed in a Family Day Care Home from five (5) to six (6). Minor changes to the definitions of Child Care Facility and Family Day Care Facilities (now Home) are also included. The conditional use and accessory use sections are amended to include these uses with references made to the Special Regulations section of the Land Development Regulations. REVIEW BY OTHERS The Planning and Zoning Board voted 5 - 1 recommending approval at their August 23, 2010 meeting. RECOMMENDATION By motion, approve on first reading Ordinance No. 25-10 for achy-initiated amendment to the Land Development Regulations, by adopting the findings of fact and law contained in the staff report and finding that the amendment is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(1VI) of the Land Development Regulations. http://agendas.mydelraybeach.com/Bluesheet.aspx?ItemID=3837&MeetingID=272 10/7/2010 PLANNING AND ZONING BOARD STAFF REPORT MEETING DATE: AUGUST 23, 2010 AGENDA NO: IV.C. AGENDA ITEM: CONSIDERATION OF ACITY-INITIATED AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS (LDR), BY AMENDING SECTION 4.3.3, "SPECIAL REQUIREMENTS FOR SPECIFIC USES", SUBSECTION (T), "FAMILY DAY CARE" AND ENACTING A NEW SUBSECTION (TT), "LARGE FAMILY CHILD CARE HOME"; AMENDING SUBSECTION (C), "ACCESSORY USES AND STRUCTURES PERMITTED" AND SUBSECTION (D), "CONDITIONAL USES AND STRUCTURES ALLOWED" OF SECTION 4.4.3, "SINGLE FAMILY RESIDENTIAL (R-1) DISTRICTS", SECTION 4.4.5, "LOW DENSITY RESIDENTIAL (RL) DISTRICT", SECTION 4.4.6, "MEDIUM DENSITY RESIDENTIAL (RM) DISTRICT", SECTION 4.4.7, "PLANNED RESIDENTIAL DEVELOPMENT (PRD) DISTRICT", SECTION 4.4.9, "GENERAL COMMERCIAL (GC) DISTRICT", SECTION 4.4.13, "CENTRAL BUSINESS (CBD) DISTRICT", SECTION 4.4.17, "RESIDENTIAL OFFICE (RO) DISTRICT", AND SECTION 4.4.24, "OLD SCHOOL SQUARE HISTORIC ARTS DISTRICT (OSSHAD)"; AMENDING SECTION 4.4.9, "GENERAL COMMERCIAL (GC) DISTRICT", SUBSECTION (G), "SUPPLEMENTAL REGULATIONS", SUB-SUBSECTION (3), FOUR CORNERS OVERLAY DISTRICT; AMENDING SECTION 4.4.29, "MIXED RESIDENTIAL, OFFICE AND COMMERCIAL (MROC) DISTRICT", SUBSECTION (C), "ACCESSORY USES AND STRUCTURES PERMITTED" AND SUBSECTION (E), "CONDITIONAL USES AND STRUCTURES ALLOWED", IN ORDER TO UPDATE THE LAND DEVELOPMENT REGULATIONS TO COMPORT WITH CHANGES IN STATE LAW; AMENDING APPENDIX A, "DEFINITIONS", TO REVISE THE DEFINITIONS OF "CHILD CARE FACILITY" AND "FAMILY DAY CARE FACILITIES" AND ENACTING A NEW DEFINITION, "LARGE FAMILY CHILD CARE HOME" ITEM BEFORE THE BOARD The item before the Board is to make a recommendation to the City Commission regarding acity- initiated amendment to Land Development Regulations (LDRs) that will add Large Family Child Care Homes as a conditional use in specific zoning districts with established criteria to comport with changes in State law. Further, an increase to the limit on the number of children from five (5) to six (6) is made for Family Day Care Homes and reference is moved from individual zoning designations to the Special Regulations section of the Land Development Regulations. Finally, amendments to the accessory use and conditional use sections pertaining to specific zoning districts is made to effect these changes. Pursuant to Section 1.1.6, an amendment to the text of the Land Development Regulations may not be made until a recommendation is obtained from the Planning and Zoning Board. Planning and Zoning Board Meeting, August 23, 2010 LDR Amendment -Large Family Child Care Home BACKGROUND/ANALYSIS Recent legislative changes in the Florida Statutes (HB 1045-specific to Palm Beach County) became effective on May 26, 2010. The proposed ordinance reflects the components of the bill, particularly those that introduce Large Family Child Care Homes as a newly defined use. The ordinance will allow the use by conditional use in the following zoning districts: R-1 Single Family Residential RL-Residential Low Density RM-Medium Density Residential PRD-Planned Unit Development GC-General Commercial CBD-Central Business District CBD-RC-Central Business District-Railroad Corridor RO-Residential Office OSSHAD-Old School Square Historic Arts District MROC-Mixed Residential Office and Commercial Following are some of the criteria that will regulate Large Family Child Care Homes: ^ Two full-time child care personnel must be on the premises during the hours of operation, one of whom must be the owner or occupant of the residence. ^ The use must have first operated as a licensed family day care home for two years, with an operator who has had a child development associate credential or its equivalent for one (1) year. ^ A large family child care home will be allowed to provide care for one of the following groups of children which shall include those children under 13 years of age who are related to the caregiver: o A maximum of eight (8) children from birth to 24 months of age, or; o A maximum of twelve (12) children with no more than four (4) children under 24 months of age. ^ Facilities must contain a minimum floor area of 35 square feet per child, exclusive of space devoted to bathrooms, halls, kitchen, offices, and storage. ^ There must be a minimum area of 75 square feet of outdoor play area per child. The play area must be located on the same lot as the principal use and can not be located in the front yard setback or adjacent to any outdoor storage area. The play area shall be surrounded by a six-foot high fence or wall. ^ A pick-up and drop-off area for children must be provided in a convenient area adjacent to the building and shall provide clear ingress and egress to the building. ^ Anew definition is provided for Large Family Child Care Home consistent with HB 1045 that allows up to 12 children. Additionally, the amendment increases the limit on the number of children allowed in a Family Day Care Home from five (5) to six (6). Minor changes to the definitions of Child Care Facility and Family Day Care Facilities (now Home) are also included. The conditional use and accessory use sections are amended to include these uses with references made to the Special Regulations section of the Land Development Regulations. 2 Planning and Zoning Board Meeting, August 23, 2010 LDR Amendment -Large Family Child Care Home REQUIRED FINDINGS Comprehensive Plan Conformance LDR Section 2.4.5(M)(5) (Findings) requires that the City Commission make a finding that the text amendment is consistent with and furthers the Goals, Objectives and Policies of the Comprehensive Plan. A thorough review of the Comprehensive Plan was conducted and while there are no specific sections to which this amendment would be found consistent, the amendment is not inconsistent with the Comprehensive Plan. REVIEW BY OTHERS Courtesy Notices Courtesy notices were provided to the following homeowner and civic associations: ^ Neighborhood Advisory Council ^ Progressive Residents of Delray (PROD) Letters of objection and support, if any, will be provided at the Planning and Zoning Board meeting. ASSESSMENT AND CONCLUSION The proposed amendment reflects the recent changes in the Florida Statutes that pertain to child care uses in Palm Beach County. ALTERNATIVE ACTIONS A. Continue with direction. B. Move a recommendation of approval to the City Commission of the amendment to Land Development Regulations, Section 4.3.3, "Special Requirements For Specific Uses", Subsection (T), "Family Day Care" And Enacting A New Subsection (TT), "Large Family Child Care Home"; Amending Subsection (C), "Accessory Uses And Structures Permitted" And Subsection (D), "Conditional Uses And Structures Allowed" Of Section 4.4.3, "Single Family Residential (R-1) Districts", Section 4.4.5, "Low Density Residential (RL) District", Section 4.4.6, "Medium Density Residential (RM) District", Section 4.4.7, "Planned Residential Development (PRD) District", Section 4.4.9, "General Commercial (GC) District", Section 4.4.13, "Central Business (CBD) District", Section 4.4.17, "Residential Office (RO) District", And Section 4.4.24, "Old School Square Historic Arts District (OSSHAD)"; Amending Section 4.4.9, "General Commercial (GC) District", Subsection (G), "Supplemental Regulations", Sub-Subsection (3), Four Corners Overlay District; Amending Section 4.4.29, "Mixed Residential, Office And Commercial (MROC) District", Subsection (C), "Accessory Uses And Structures Permitted" And Subsection (E), "Conditional Uses And Structures Allowed", In Order To Update The Land Development Regulations To Comport With Changes In State Law; Amending Appendix A, "Definitions", To Revise The Definitions Of "Child Care Facility" And "Family Day Care Facilities" And Enacting A New Definition, "Large Family Child Care Home", by adopting the findings of fact and law contained in the staff report, and finding that the text 3 Planning and Zoning Board Meeting, August 23, 2010 LDR Amendment -Large Family Child Care Home amendment and approval thereof is consistent with the Comprehensive Plan and meets the criteria set forth in LDR Section 2.4.5(M) C. Move a recommendation of denial to the City Commission of the amendment to Land Development Regulations, Section 4.3.3, "Special Requirements For Specific Uses", Subsection (T), "Family Day Care" And Enacting A New Subsection (TT), "Large Family Child Care Home"; Amending Subsection (C), "Accessory Uses And Structures Permitted" And Subsection (D), "Conditional Uses And Structures Allowed" Of Section 4.4.3, "Single Family Residential (R-1) Districts", Section 4.4.5, "Low Density Residential (RL) District", Section 4.4.6, "Medium Density Residential (RM) District", Section 4.4.7, "Planned Residential Development (PRD) District", Section 4.4.9, "General Commercial (GC) District", Section 4.4.13, "Central Business (CBD) District", Section 4.4.17, "Residential Office (RO) District", And Section 4.4.24, "Old School Square Historic Arts District (OSSHAD)"; Amending Section 4.4.9, "General Commercial (GC) District", Subsection (G), "Supplemental Regulations", Sub-Subsection (3), Four Corners Overlay District; Amending Section 4.4.29, "Mixed Residential, Office And Commercial (MROC) District", Subsection (C), "Accessory Uses And Structures Permitted" And Subsection (E), "Conditional Uses And Structures Allowed", In Order To Update The Land Development Regulations To Comport With Changes In State Law; Amending Appendix A, "Definitions", To Revise The Definitions Of "Child Care Facility" And "Family Day Care Facilities" And Enacting A New Definition, "Large Family Child Care Home", by adopting the findings of fact and law contained in the staff report, and finding that the text amendment and approval thereof is inconsistent with the Comprehensive Plan and does not meet the criteria set forth in LDR Section 2.4.5(M) (motion to be made in the affirmative). RECOMMENDED ACTION Recommend approval of the amendment to Land Development Regulations, Section 4.3.3, "Special Requirements For Specific Uses", Subsection (T), "Family Day Care" And Enacting A New Subsection (TT), "Large Family Child Care Home"; Amending Subsection (C), "Accessory Uses And Structures Permitted" And Subsection (D), "Conditional Uses And Structures Allowed" Of Section 4.4.3, "Single Family Residential (R-1) Districts", Section 4.4.5, "Low Density Residential (RL) District", Section 4.4.6, "Medium Density Residential (RM) District", Section 4.4.7, "Planned Residential Development (PRD) District", Section 4.4.9, "General Commercial (GC) District", Section 4.4.13, "Central Business (CBD) District", Section 4.4.17, "Residential Office (RO) District", And Section 4.4.24, "Old School Square Historic Arts District (OSSHAD)"; Amending Section 4.4.9, "General Commercial (GC) District", Subsection (G), "Supplemental Regulations", Sub-Subsection (3), Four Corners Overlay District; Amending Section 4.4.29, "Mixed Residential, Office And Commercial (MROC) District", Subsection (C), "Accessory Uses And Structures Permitted" And Subsection (E), "Conditional Uses And Structures Allowed", In Order To Update The Land Development Regulations To Comport With Changes In State Law; Amending Appendix A, "Definitions", To Revise The Definitions Of "Child Care Facility" And "Family Day Care Facilities" And Enacting A New Definition, "Large Family Child Care Home", by adopting the findings of fact and law contained in the staff report, and finding that the text amendment and approval thereof is consistent with the Comprehensive Plan and meets the criteria set forth in LDR Section 2.4.5(M). Attachment: ^ Proposed Ordinance 25-10 4 MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: October 7, 2010 SUBJECT: AGENDA ITEM 10.B. -REGULAR COMMISSION MEETING OF OCTOBER 19, 2010 ORDINANCE NO.35-10 (SECOND READING/SECOND PUBLIC HEARINGI ITEM BEFORE COMMISSION This ordinance is before Commission for second reading and public hearing to consider a city initiated amendment to Land Development Regulations (LDR) replacing several references to "Medicines and Prescriptions", "Drugs and Medicine" and "Drug Store" with the term "Pharmacies". BACKGROUND At first reading on October 5, 2010, the Commission approved Ordinance No. 35-10. RECOMMENDATION Recommend approval of Ordinance No. 35-10 on second and final reading. ORDINANCE N0.35-10 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY PEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY PEACH, PY AMENDING SECTION 4.4.9, "GENERAL COMMERCIAL (GC) DISTRICT", SUBSECTION (B), "PRINCIPAL USES AND STRUCTURES PERMITTED", SECTION 4.4.11, "NEIGHBORHOOD COMMERCIAL (NC) DISTRICT", SUBSECTION (B), "PRINCIPAL USES AND STRUCTURES PERMITTED", SECTION 4.4.13, "CENTRAL PUSINESS (CBD) DISTRICT", SECTION (B), "PRINCIPAL USES AND STRUCTURES PERMITTED"; SECTION 4.4.24, "OLD SCHOOL SQUARE HISTORIC ARTS DISTRICT (OSSHAD)", SUBSECTION (B), "PRINCIPAL USES AND STRUCTURES"; AND SECTION 4.4.29, "MIXED RESIDENTIAL, OFFICE AND COMMERCIAL (NIIZOC) DISTRICT", SUBSECTION (P), "PRINCIPAL USES AND STRUCTURES PERMITTED", TO PROVIDE A CONSISTENT REFERENCE TO PHARMACIES; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning Poard reviewed the proposed text amendment at a public hearing held on September 20, 2010 and voted 7 to 0 to recommend that the changes be approved and WHEREAS, pursuant to Florida Statute 163.3174(4)(c), the Plarn~ing and Zoning Poard sitting as the Local Plarn~ing Agency, has determined that the change is consistent with and furthers the goals, objectives and policies of the Comprehensive Plan; and WHEREAS, the City Commission of the City of Delray Peach adopts the findings in the Plarn~ing and Zoning Staff Report; and WHEREAS, the City Commission of the City of Delray Peach finds the ordinance is consistent with the Comprehensive Plan. NOW, THEREFORE, PE IT ORDAINED PY THE CITY COMMISSION OF THE CITY OF DELRAY PEACH, FLORIDA, AS FOLLOWS: Section 1. That the recitations set forth above are incorporated herein. Section 2. That Section 4.4.9, "General Commercial (GC) District", Subsection (B), "Principal Uses and Structures Pemutted", of the Land Development Regulations of the City of Delray Seach, be and the same is hereby amended to read as follows: (S) Principal Uses and Structures Permitted The following are allowed within the GC District as permitted uses, except as modified in the Four Corners Overlay District by Section 4.4.9(G)(3)(a). (1) General retail uses and/or facilities including, but not limited to: (a) Antiques, arts and crafts, automotive parts, baked goods, books, carpet and floor covering, cheeses, beer, wine, liquor, confectioneries, cosmetics, meats, draperies and slipcovers, pharmacies, electrical fixtures and supplies, fabrics, fish, flowers and plants, fruits and vegetables, food garden supplies, gifts, glassware, hardware and paints, home furnishings, ice creamy lawn care equipment, leather goods, luggage, medical and surgical equipment, music and musical instruments, nautical supplies, office furniture equipment and supplies, pets and pet supplies, photographic equipment and supplies, sewing supplies, sporting goods, toys, wring apparel and accessories, appliances, bicycles, business machines, j ewelry. (2) Business, Professional, and Medical uses including, but not limited to: (a) Interior decorating, medical and dental clinics, medical and dental laboratories, photographic studios, printing and publishing, business offices, professional offices, and medical offices. (3) Contractor s Offices, including but not limited to: (a) Air conditioning, general contractor, electrical, painting, and plumbir~ however, any outside storage of materials is prohibited (4) Services and Facilities including, but not limited to: (a) Auctions, barber and beauty shops and salons, caterers, dry cleaning limited to on site processing for customer pickup only, dry cleaning and laundry pickup stations, financing e.g banks and similar institutions including drive-through facilities, Laundromats limited to self-service facilities, pet grooming, restaurants including drive-in and drive- through, tailoring, tobacconist, vocational schools limited to arts and crafts, business, beauty, dancing, driving, gyrru~astics, photography, 2 ORD. NO. 35-10 modeling, and karate-judo, small item repair, and rental of sporting goods and equipment (such as but not limited to bicycles, skates, boogie boards). (b) Abused spouse residence with forty (40) or fewer residents, galleries, broadcast studios, butcher shops, cocktail lounges, exercise facilities e.g. gyms and clubs, indoor shooting ranges, museums, libraries, newsstands, commercial or public parking lots and parking garages, theaters excluding drive-ins. (5) Dwelling units in the same structure as commercial uses provided that: commercial uses must be provided on the ground floor; commercial uses on the ground floor must occupy no less than 25% of the total structure excluding square footage devoted to vehicular use; residential uses are not located on the ground level; residential uses and non residential uses are physically separated and have separate accessways; and the residential density does not exceed 12 units per acre, except the Four Comers District which may have a free standing residential building as part of amulti-building unified master plan or the residential component may be a part of a single mixed use building. The density of the Four Corners Master Plan shall not exceed 30 dwelling units per acre and is subject to the provisions under Section 4.4.9 (G)(3)(d)(4). (6) Astrologists, clairvoyants, forh~e tellers, palmists, phrenologists, psychic readers, spiritualists, numerologists and mental healers, subject to the locational restrictions of Section 4.4.9(H)(3). (~ Group Home, Type 1, pursuant to restrictions set forth in Section 4.3.3(I). Section 3. That Section 4.4.11, "Neighborhood Commercial (NC) District", Subsection (S), "Principal Uses and Structures Permitted", of the Land Development Regulations of the City of Delray Seach, be and the same is hereby amended to read as follows: (S) Principal Uses and Structures Permitted The following types of uses are allo~d within the NC District subject to the limitations per Subsection (H) as a permitted use: (1) Retail sales uses and/or facilities such as: convenience foods; household supplies; garden and lawn supplies; ~~xee pharmacies; small appliance sales and repairs; baked goods; delicatessen goods. (2) Provision of services such as: barber and beauty shops; dry cleaning limited to on site processing for customer pickup only; dry cleaning and laundry pickup stations; vocational schools limited to arts and crafts, business, beauty, dancing, driving, gyrru~astics, photography, modeling, and karate-judo; financing e.g. banks and similar institutions ORD. NO. 35-10 excluding drive-through facilities; Laundromats limited to self-service facilities; dining at sit down restaurants including takeout and ice cream parlors but excluding drive-in, drive- throughfacilities; newsstands. (3) Business and Professional Offices. Section 4. That Section 4.4.13, "Central Business (CSD) District", Subsection (B), "Principal Uses and Structures Permitted", of the Land Development Regulations of the City of Delray Seach, be and the same is hereby amended to read as follows: (13) Principal Uses and Structures Pemutted The following types of use are allowed within the CSD District as a pemutted use: (1) General retail uses and/or facilities including, but not limited to: (a) Antiques, arts and crafts, automotive parts, baked goods, books, carpet and floor covering, cheeses, beer, wine, liquor, confectioneries, cosmetics, meats, draperies and slipcovers, pharmacies, electrical fixtures and supplies, fabrics, fish, flowers and plants, fruits and vegetables, food garden supplies, gifts, glassware, hardware and paints, home furnishings, ice creamy lawn care equipment, leather goods, luggage, medical and surgical equipment, music and musical instruments, nautical supplies, office furniture equipment and supplies, pets and pet supplies, photographic equipment and supplies, sewing supplies, sporting goods, toys, wring apparel and accessories, appliances, bicycles, business machines, j ewelry. (2) Business, Professional and Medical uses pursuant to restrictions set forth in Section 4.4.13(I~(1) including, but not limited to: (a) Interior decorating, medical and dental clinics, medical and dental laboratories, photographic studios, printing and publishing, business, medical and professional offices. (3) Services and facilities including, but not limited to: (a) Auctions, barber and beauty shops and salons, caterers, dry cleaning limited to on site processing for customer pickup only, dry cleaning and laundry pickup stations, Laundromats limited to self-service facilities, pet grooming, restaurants excluding drive-in and drive-through, outdoor cafes, tailoring, tobacconist, vocational schools limited to arts and crafts, business, beauty, dancing, driving, gyrrn-tastics, photography, modeling, 4 ORD. NO.35-10 and karate-judo, small item repair, and rental of sporting goods and equipment (such as but not limited to bicycles, skates, boogie boards). (b) Galleries, broadcast studios, butcher shops, cocktail lounges, exercise facilities e.g. gyms and clubs, museums, libraries, newsstands, commercial or public parking lots and parking garages. (c) Public open space plazas (4) Multi family dwelling twits, excluding duplexes, up to a maximum density of thirty (30) units per acre except for the West Atlantic Neighborhood or Beach District, where the maximum density is helve (12) dwelling units per acre. (5) Hotels, motels, and residential type inns except in the West Atlantic Neighborhood (6) Assisted Living Facilities and Continuing Care Facilities, up to a maximum density of thirty (30) units per acre except for the West Atlantic Neighborhood or Beach District, where the maximum density is twelve (12) dwelling units per acre. (~ Bed and Breakfast Inns, except in the West Atlantic Neighborhood, subject to the provisions of Section 4.3.3(Y). Section 5. That Section 4.4.24, "Old School Square Historic Arts District (OSSHAD)", Subsection (B), "Principal Uses and Structures Permitted", of the Land Development Regulations of the City of Delray Beach, be and the same is hereby amended to read as follows: (S) Principal Uses and Structures: The following types of uses are allowed within the OSSHAD as a permitted use: (1) Single family detached dwellings. (2) Duplex structures. (3) Business, Professional, Medical and Governmental Offices. (4) Retail sales uses and/or facilities through specialty shops (single purpose businesses) such as: bath shops, book stores, gift shops, florists, hobby shops, kitchen shops, boutiques, bicycle shops, excluding liquor stores, convenience stores and d~~s pharmacies. (5) Arts related businesses such as craft shops, galleries, and studios within ORD. NO. 35-10 which is conducted the preparation of, display of, and/or sale of art products such as antiques, collectibles, custom apparel, jewelry, paintings, photography, picture framing, pottery, sculpture, stained glass. (6) Educational and/or Instructional activities including training, vocational, or craft schools, the arts, personal development, and libraries, museums, and social and philanthropic institutions. (7) Restaurants of a sit down nature such as a cafe, snack shop, full service dining but excluding anydrive-in and/or drive-through facilities or features. (8) Providing of personal services such as barbershops, beauty shops, salons, cosmetologists. (9) Bed and Breakfast Inns, subject to the provisions of LDR Section 4.3.3(Y). (10) Catering services not associated with a restaurant, subject to the special regulations of Section 4.4.24(H) (11) Group Home, Type 1, pursuant to restrictions set forth in Section 4.3.3(I). (12) Within the following descnbed areas, the uses allowed as permitted uses in Section 4.4.13(5) pursuant to the base district and special regulations of the Central Business District regulations shall also be allowed in the OSSHAD: (a) Lots 13-16, Flock 60 (b) Lots 1- 4, Flock 61 (c) Lots 1- 7 and 19-24, Flock 69 (d) Lots 7- 8, and the South 34.75 feet of Lot 6, Flock 75; and (e) Lots 1- 6, Slock 76 (13) Assisted Living Facilities Section 6. That Section 4.4.29, "NTixed Residential, Office and Commercial (NIIZOC) District", Subsection (S), "Principal Uses and Structures Permitted", of the Land Development Regulations of the City of Delray Seach, be and the same is hereby amended to read as follows: (S) Principal Uses and Structures Permitted The following types of uses are allowed within the MROC district as permitted uses: (1) Office Center: The "Office Center" uses within an MROC development may comprise as much as one hundred percent (100%) of the total building square footage ORD. NO. 35-10 within the development. These uses can include: (a) Financial Institutions, e.g, banks, savings and loan establishments, brokerage firms. (b) Medical Offices, e.g., physicians, dentists, chiropractors, podiatrists, optometrists, etc. (c) Professional Offices, e.g., attorneys, engineering firms, architectural (d) Governmental offices, e.g, including federal, state, county, and local offices, along with their related fleet and communications operations (which will be considered accessory uses to governmental offices and services), civic centers, courthouses, fire stations, public health facility, law enforcement offices and facilities, post office, public utility facilities, communication towers and community facilities such as civic centers, cultural facilities, libraries, auditoriums, museums, and public recreation facilities, and services such as day care centers, abuse, child care centers. (e) Business Support Services, pnmanly engaged in rendering services to other building establishments, e.g, such as mailing, building maintenance, personnel and employment services, management, and consulting services, protective services, copy and printing, travel, office supply, and similar services. (2) Research and Development: Research and Development (R&D) uses involve either some degree of product creation, testing, evaluation, and development or the provision of testing and evaluation services for use by others. R&D uses may constitute 100% of the total building square footage within the development. Examples of such uses or resulting products include: (a) Product Creation, Testing, Evaluatiory and Development: 1. computer hardware 2. computer software 3. pharmaceuticals (b) Research and Development Services: 1. calibration laboratories or services 2. chemical laboratories 3. commercial testing laboratories '7 ORD. NO. 35-10 4. soil laboratories 5. scientific research laboratories (3) General Retail Uses: Retail uses and/or facilities not to exceed 20% of the total building square footage of the development, including, but not limited to: (a) Restaurants, baked goods, books, cheeses, beer, wine, liquor, confectioneries, cosmetics, meats, pharmacies, flowers and plants, fruits and vegetables, food gifts, glassware, ice cream, leather goods, luggage, medical and surgical equipment, music and musical instruments, nautical supplies, office furniture equipment and supplies, pets and pet supplies, photographic equipment and supplies, sewing supplies, sporting goods, toys, wring apparel and accessories, appliances, bicycles, business machines, jewelry. (b) Barber and beauty shops and salons, caterers, dry cleaning limited to on site processing for customer pickup only, dry cleaning and laundry pickup stations, outdoor cafes, tailoring, tobacconist. (c) Galleries, butcher shops, cocktail lounges, exercise facilities, museums, libraries, newsstands, commercial or public parking lots and parking ~'~• (4) Multi-family Dwelling Units: Multi-family uses excluding duplexes subject to (a)(b)(c)(d) below, ranging in density between 40 and 50 units per acre subject to the follow~in~ (a) Residential units within 1,000 linear feet of the Tri-Rail Transit station (measured by airline route) may comprise 100% of the total floor area of the development master plan at a maximum density of (50) units per acre. If a portion of the parcel is within 1,000 linear feet, this regulation shall apply to the entire parcel (b) Residential units between 1,001 and 2,500 linear feet of the Tri Rail Transit station (measured by airline route) may comprise 80% of the total floor area of the development master plan at a maximum density of (50) units per acre and only when proposed as part of a mixed use development containing office and/or commercial uses. If a portion of the parcel is within 2,500 linear feet, this regulation shall apply to the entire parcel. (c) Residential units at a distance (measured by airline route) greater than g ORD. NO. 35-10 2500 feet of a transit station may comprise 75% of the total floor area of the development master plan at a maximum density of (40) units per acre and only when proposed as part of a mixed-use development containing office and/or commercial uses. Residential developments must include a minimum of 20% workforce units consisting of moderate income workforce units as defined by Article 4.7 Family/Workforce Housing 2. Workforce units shall be subject to general provisions of Article 4.7.6, 4.7.7, 4.7.8, 4.7.9, and 4.7.10. Notwithstanding the above, residentially developed sites within 1,000 linear feet (measured by airline route) of the Tri Rail station can contain 100% workforce housing units. If a portion of the parcel is within 1,000 linear feet, this regulation shall apply to the entire parcel 3. For mixed use developments, the shared parking provisions of LDR Section 4.6.9. (C)(8) shall be allowed. 4. All residential developments shall be subject to the Perforniance Standards of 4.4.13(I)(2) (5) Hotel, Motel and Residential All Suite Lodging. These types of uses may comprise up to 20% of the total floor area of the overall master plan. For the purpose of calculating the percentages of uses within the development master plary multiple hotels, motels, and residential all suite lodging uses will be considered one specific use category. (6) Assisted Living Facilities and Continuing Care Facilities subject to the requirements set forth in Section 4.4.29(5)(4) a, b, and c above. Section 7. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or ward be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid Section 8. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed Section 9. That this ordinance shall become effective immediately upon its passage on second and final reading g ORD. NO. 35-10 PASSED AND ADOPTED in regular session on second and final reading on this the day of , 2010. ATTEST MAYO R City Clerk First Reading Second Reading 10 ORD. NO. 35-10 Coversheet MEMORANDUM TO: Mayor and City Commissioners FROM: Mark McDonnell, AICP, Asst. Director Planning and Zoning Paul Dorling, AICP, Director Planning and Zoning THROUGH: City Manager DATE: September 29, 2010 Page 1 of 1 SUBJECT: AGENDA ITEM 10.C. -REGULAR COMMISSION MEETING OF OCTOBER 5, 2010 ORDINANCE N0.35-10 (FIRST READING/FIRST PUBLIC HEARING ITEM BEFORE COMMISSION Consideration of achy-initiated amendment to the Land Development Regulations (LDRs) that will provide a consistent reference to the term "pharmacies." BACKGROUND Only the PCC (Planned Commercial Center) includes the specific use and title of "pharmacy." Other zoning districts throughout the Land Development Regulations identify the "pharmacy" use as "medicines and prescriptions", "drugs and medicine" and "drug stores." It could be argued that because the exact land use term of "pharmacy" is used in one zoning district (i.e., PCC), and is not specifically used in other zoning districts, the specific regulations pertaining to Pharmacies would not apply. To clarify that the pharmacy regulations apply to all of these uses, all references are being modified to a consistent reference of "Pharmacies". REVIEW BY OTHERS The Planning and Zoning Board voted 7 - 0 recommending approval at their September 20, 2010 meeting. RECOMMENDATION By motion, approve on first reading Ordinance No. 35-10 for a City initiated amendment to the Land Development Regulations, by adopting the findings of fact and law contained in the staff report and finding that the amendment is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(M) of the Land Development Regulations. http://agendas.mydelraybeach.com/Bluesheet.aspx?ItemID=3835&MeetingID=272 10/7/2010 PLANNING AND ZONING BOARD STAFF REPORT MEETING DATE: SEPTEMBER 20, 2010 AGENDA NO: V.C. AGENDA ITEM: CONSIDERATION OF ACITY-INITIATED AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS (LDR), BY AMENDING SECTION 4.4.9, "GENERAL COMMERCIAL (GC) DISTRICT", SUBSECTION (B), "PRINCIPAL USES AND STRUCTURES PERMITTED", SECTION 4.4.11, "NEIGHBORHOOD COMMERCIAL (NC) DISTRICT", SUBSECTION (B), "PRINCIPAL USES AND STRUCTURES PERMITTED", SECTION 4.4.13, "CENTRAL BUSINESS (CBD) DISTRICT", SECTION (B), "PRINCIPAL USES AND STRUCTURES PERMITTED"; SECTION 4.4.24, "OLD SCHOOL SQUARE HISTORIC ARTS DISTRICT (OSSHAD)", SUBSECTION (B), "PRINCIPAL USES AND STRUCTURES"; AND SECTION 4.4.29, "MIXED RESIDENTIAL, OFFICE AND COMMERCIAL (MROC) DISTRICT", SUBSECTION (B), "PRINCIPAL USES AND STRUCTURES PERMITTED", TO PROVIDE A CONSISTENT REFERENCE TO PHARMACIES. ITEM BEFORE THE BOARD The item before the Board is to make a recommendation to the City Commission regarding acity- initiated amendment to Land Development Regulations (LDRs) that will provide a consistent reference to the term "pharmacies." Pursuant to Section 1.1.6, an amendment to the text of the Land Development Regulations may not be made until a recommendation is obtained from the Planning and Zoning Board. BACKGROUND/ANALYSIS Only the PCC (Planned Commercial Center) includes the specific use and title of "pharmacy." Other zoning districts throughout the Land Development Regulations identify the "pharmacy" use as "medicines and prescriptions" and "drugs and medicine" and "drug stores." It could be argued that because the exact land use term of "pharmacy" is used in one zoning district (i.e., PCC), that because it is not specifically used in other zoning districts, the specific regulations pertaining to Pharmacies would not apply. To clarify that the pharmacy regulations apply to all of these uses they are being modified to a consistent reference of "Pharmacies". REQUIRED FINDINGS Comprehensive Plan Conformance LDR Section 2.4.5(M)(5) (Findings) requires that the City Commission make a finding that the text amendment is consistent with and furthers the Goals, Objectives and Policies of the Comprehensive Plan. A thorough review of the Comprehensive Plan was conducted and while there are no specific goals, objectives, and policies to which this amendment would be applicable, the amendment is not inconsistent with the Comprehensive Plan. REVIEW BY OTHERS Courtesy Notices Courtesy notices were provided to the following homeowner and civic associations: ^ Neighborhood Advisory Council ^ Progressive Residents of Delray (PROD) Letters of objection and support, if any, will be provided at the Planning and Zoning Board meeting. ASSESSMENT AND CONCLUSION This amendment will provide consistent reference pertaining to pharmacies by changing the terms of those similar type uses. With this LDR amendment it will be clear that the specific regulations pertaining to pharmacies will apply to each of these previously mislabeled land uses. ALTERNATIVE ACTIONS A. Continue with direction. B. Move a recommendation of approval to the City Commission of the amendment to Land Development Regulations, Section 4.4.9, "General Commercial (GC) District", Subsection (B), "Principal Uses And Structures Permitted", Section 4.4.11, "Neighborhood Commercial (NC) District", Subsection (B), "Principal Uses And Structures Permitted", Section 4.4.13, "Central Business (CBD) District", Section (B), "Principal Uses And Structures Permitted"; Section 4.4.24, "Old School Square Historic Arts District (OSSHAD)", Subsection (B), "Principal Uses And Structures"; And Section 4.4.29, "Mixed Residential, Office And Commercial (MROC) District", Subsection (B), "Principal Uses And Structures Permitted", To Provide A Consistent Reference To Pharmacies, by adopting the findings of fact and law contained in the staff report, and finding that the text amendment and approval thereof is consistent with the Comprehensive Plan and meets the criteria set forth in LDR Section 2.4.5(M) C. Move a recommendation of denial to the City Commission of the amendment to Land Development Regulations, Section 4.4.9, "General Commercial (GC) District", Subsection (B), "Principal Uses And Structures Permitted", Section 4.4.11, "Neighborhood Commercial (NC) District", Subsection (B), "Principal Uses And Structures Permitted", Section 4.4.13, "Central Business (CBD) District", Section (B), "Principal Uses And Structures Permitted"; Section 4.4.24, "Old School Square Historic Arts District (OSSHAD)", Subsection (B), "Principal Uses And Structures"; And Section 4.4.29, "Mixed Residential, Office And Commercial (MROC) District", Subsection (B), "Principal Uses And Structures Permitted", To Provide A Consistent Reference To Pharmacies, by adopting the findings of fact and law contained in the staff report, and finding that the text amendment and approval thereof is inconsistent with the Comprehensive Plan and does not meet the criteria set forth in LDR Section 2.4.5(M) (motion to be made in the affirmative). RECOMMENDED ACTION Recommend approval of the amendment to Land Development Regulations, Section 4.4.9, "General Commercial (GC) District", Subsection (B), "Principal Uses And Structures Permitted", Section 4.4.11, "Neighborhood Commercial (NC) District", Subsection (B), "Principal Uses And Structures Permitted", Section 4.4.13, "Central Business (CBD) District", Section (B), "Principal Uses And Structures Permitted"; Section 4.4.24, "Old 2 School Square Historic Arts District (OSSHAD)", Subsection (B), "Principal Uses And Structures"; And Section 4.4.29, "Mixed Residential, Office And Commercial (MROC) District", Subsection (B), "Principal Uses And Structures Permitted", To Provide A Consistent Reference To Pharmacies, , by adopting the findings of fact and law contained in the staff report, and finding that the text amendment and approval thereof is consistent with the Comprehensive Plan and meets the criteria set forth in LDR Section 2.4.5(M). Attachment: Proposed Ordinance 3 MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: October 7, 2010 SUBJECT: AGENDA ITEM 10.C. -REGULAR COMMISSION MEETING OF OCTOBER 19, 2010 ORDINANCE NO.36-10 (SECOND READING/ SECOND PUBLIC HEARINGI ITEM BEFORE COMMISSION This ordinance is before Commission for second reading and public hearing to consider a city initiated amendment to the Land Development Regulations (CDR) Section 4.3.3 (CELL), "Pharmacies", to add the term "Medical Clinics" under applicability and to change the category title to "Medical, Professional, Business Offices and Medical Clinics". BACKGROUND At first reading on October 5, 2010, the Commission approved Ordinance No. 36-10. RECOMMENDATION Recommend approval of Ordinance No. 36-10 on second and final reading. ORDINANCE N0.36-10 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY PEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY PEACH, PY AMENDING SECTION 4.3.3, "SPECIAL REQUIREMENTS FOR SPECIFIC USES", SUBSECTION (CELL), "MEDICAL OFFICES", TO INCLUDE MEDICAL CLINICS; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning Poard reviewed the proposed text amendment at a public hearing held on September 20, 2010 and voted 7 to 0 to recommend that the changes be approved and WHEREAS, pursuant to Florida Statute 163.3174(4)(c), the Plarn~ing and Zoning Poard sitting as the Local Plarn~ing Agency, has determined that the change is consistent with and furthers the goals, objectives and policies of the Comprehensive Plan; and WHEREAS, the City Commission of the City of Delray Peach adopts the findings in the Plarn~ing and Zoning Staff Report; and WHEREAS, the City Commission of the City of Delray Peach finds the ordinance is consistent with the Comprehensive Plan. NOW, THEREFORE, PE IT ORDAINED PY THE CITY COMMISSION OF THE CITY OF DELRAY PEACH, FLORIDA, AS FOLLOWS: Section 1. That the recitations set forth above are incorporated herein. Section 2. That Section 4.3.3, (CELL), "Medical Offices", of the Land Development Regulations of the City of Delray Peach, be and the same is hereby amended to read as follows: (CELL) Medical, Professional and Pusiness Offices, and Medical Clinics: (1) Applicability. Medical, Professional and Pusiness Offices, and Medical Clinics shall be subject to the following. (a) On site dispensing of controlled substances that are identified in Schedule II, III, or IV in Sections 893.03, and as further amended by Sections 893.035 or 893.0355, Florida Statutes, is prohlbitec~ unless otherwise expressly permitted by statutory or general law The following are exempt from this prohibition: (i) A health care practitioner when administering a controlled substance directly to a patient if the amount of the controlled substance is adequate to treat the patient during that particular treatment session (ii) A pharmacist or health care practitioner when administering a controlled substance to a patient or resident receiving care as a patient at a hospital, nursing home, ambulatory surgical center, hospice, or intermediate care facility for the developmentally disabled which is licensed in this state. (iii) A health care practitioner when administering a controlled substance in the emergency room of a licensed hospital. (iv) A health care practitioner when administering or dispensing a controlled substance to a person under the age of 16. (v) A health care practitioner when dispensing aone-time, 72-hour emergency resupply of a controlled substance to a patient. (2) Appeal. An appeal from an administrative determination or board action, excluding the granting or denial of a variance, regarding Medical Offices shall be appealed to the City Commission The applicant shall follow the procedures and requirements set forth in Section 2.4.7(E ). In addition to the requirements listed in Section 2.4.7(E) the applicant shall also list the following. (a) If the applicant is a potential claimant under a federal or state law; and (b) That the applicant believes in good faith that the City through implementation of this section has intentionally or unintentionally violated federal or state law The law(s) the City has allegedly violated shall be identified Section 3. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or ward be dedared by a court of competent jurisdiction to be invalid such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid Section 4. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed Section 5. That this ordinance shall become effective immediately upon its passage on second and final reading 2 ORD. NO. PASSED AND ADOPTED in regular session on second and final reading on this the day of , 2010. ATTEST MAYO R City Clerk First Reading Second Reading ORD. NO. Coversheet MEMORANDUM TO: Mayor and City Commissioners FROM: Mark McDonnell, AICP, Asst. Director Planning and Zoning Paul Dorling, AICP, Director Planning and Zoning THROUGH: City Manager DATE: September 29, 2010 Page 1 of 1 SUBJECT: AGENDA ITEM 10.D. -REGULAR COMMISSION MEETING OF OCTOBER 5, 2010 ORDINANCE N0.36-10 (FIRST READING/FIRST PUBLIC HEARING ITEM BEFORE COMMISSION Consideration of achy-initiated amendment to the Land Development Regulations (LDRs) that will add "Medical Clinics" to Section 4.33 (CELL) that contains specific restrictions that already apply to Medical Offices, and Professional and Business Offices. BACKGROUND Section 4.33 (CELL) of the LDRs includes restrictions regarding dispensing of controlled substances for medical offices, professional offices, and business offices. Adding "Medical Clinics" to the list of uses restricted by this section will close a loophole that could be asserted that because medical clinics are not specifically listed, they would not be subject to the restrictions in this section. The amendment also renames the section from "Medical Offices" to "Medical, Professional, and Business Offices and Medical Clinics" to reflect the LDR sections applicability. REVIEW BY OTHERS The Planning and Zoning Board voted 7 - 0 recommending approval at their September 20, 2010 meeting. RECOMMENDATION By motion, approve on first reading Ordinance No. 36-10 for achy-initiated amendment to the Land Development Regulations, by adopting the findings of fact and law contained in the staff report and finding that the amendment is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(M) of the Land Development Regulations. http://agendas.mydelraybeach.com/Bluesheet.aspx?ItemID=3833&MeetingID=272 10/7/2010 PLANNING AND ZONING BOARD STAFF REPORT MEETING DATE: SEPTEMBER 20, 2010 AGENDA NO: V.D. AGENDA ITEM: CONSIDERATION OF ACITY-INITIATED AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS SECTION 4.3.3(LLLL) TO ADD THE TERM "MEDICAL CLINICS" UNDER APPLICABILITY AND TO CHANGE THE CATEGORY TITLE TO "MEDICAL, PROFESSIONAL AND BUSINESS OFFICES, AND MEDICAL CLINICS". ITEM BEFORE THE BOARD The item before the Board is to make a recommendation to the City Commission regarding acity- initiated amendment to Land Development Regulations (LDRs) that will add "Medical Clinics" to Section 4.3.3 (CELL) that contains specific restrictions that already apply to Medical Offices, and Professional and Business Offices. Pursuant to Section 1.1.6, an amendment to the text of the Land Development Regulations may not be made until a recommendation is obtained from the Planning and Zoning Board. BACKGROUND/ANALYSIS Section 4.3.3 (CELL) of the LDRs includes restrictions regarding dispensing of controlled substances for medical offices, professional offices, and business offices. Adding "Medical Clinics" to the list of uses restricted by this section will close a loophole that could assert that because medical clinics are not specifically listed, they would not be subject to the restrictions in this section. The amendment also renames the section from "Medical Offices" to "Medical, Professional, and Business Offices and Medical Clinics" to reflect the LDR sections applicability. REQUIRED FINDINGS Comprehensive Plan Conformance LDR Section 2.4.5(M)(5) (Findings) requires that the City Commission make a finding that the text amendment is consistent with and furthers the Goals, Objectives and Policies of the Comprehensive Plan. A thorough review of the Comprehensive Plan was conducted and while there are no specific goals, objectives, or policies to which this amendment would apply, the amendment is not inconsistent with the Comprehensive Plan. REVIEW BY OTHERS Courtesy Notices Courtesy notices were provided to the following homeowner and civic associations ^ Neighborhood Advisory Council ^ Progressive Residents of Delray (PROD) Letters of objection and support, if any, will be provided at the Planning and Zoning Board meeting. ASSESSMENT AND CONCLUSION The proposed amendment will close a loophole that could be argued that a medical clinic is not subject to the restrictions in this section regarding the dispensing of controlled substances. ALTERNATIVE ACTIONS A. Continue with direction. B. Move a recommendation of approval to the City Commission of the amendment to Land Development Regulations, Section 4.3.3, "Special Requirements For Specific Uses", Subsection (CELL), "Medical Offices", To Include Medical Clinics, by adopting the findings of fact and law contained in the staff report, and finding that the text amendment and approval thereof is consistent with the Comprehensive Plan and meets the criteria set forth in LDR Section 2.4.5(M) C. Move a recommendation of denial to the City Commission of the amendment to Land Development Regulations, Section 4.3.3, "Special Requirements For Specific Uses", Subsection (CELL), "Medical Offices", To Include Medical Clinics , by adopting the findings of fact and law contained in the staff report, and finding that the text amendment and approval thereof is inconsistent with the Comprehensive Plan and does not meet the criteria set forth in LDR Section 2.4.5(M) (motion to be made in the affirmative). RECOMMENDED ACTION Recommend approval of the amendment to Land Development Regulations, Section 4.3.3, "Special Requirements For Specific Uses", Subsection (CELL), "Medical Offices", To Include Medical Clinics, by adopting the findings of fact and law contained in the staff report, and finding that the text amendment and approval thereof is consistent with the Comprehensive Plan and meets the criteria set forth in LDR Section 2.4.5(M). Attachment: ^ Proposed Ordinance 2 MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: October 13, 2010 SUBJECT: AGENDA ITEM 10.D. -REGULAR COMMISSION MEETING OF OCTOBER 19, 2010 ORDINANCE NO.34-10 ITEM BEFORE COMMISSION This ordinance is before Commission for second reading to consider a city initiated amendment to the Land Development Regulations (LDR) Section 2.4.7(G), "Requests for Accommodation" procedures. BACKGROUND At the first reading on October 5, 2010, the Commission passed Ordinance No. 34-10. RECOMMENDATION Recommend approval of Ordinance No. 34-10 on second and final reading. ORDINANCE N0.34-10 AN ORDINANCE OF THE CITY COMNIISSION OF THE CITY OF DELRAY PEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY PEACH, PY AMENDING SECTION 2.4.7, "PROCEDURES FOR OPTAINING RELIEF FROM COMPLIANCE WITH PORTIONS OF LAND DEVELOPMENT REGULATIONS", PY AMENDING SUBSECTION (G), "REQUESTS FOR ACCOMMODATION", SUB- SUBSECTION (5), "NOTICE OF PROPOSED DECISION", TO CLARIFY THE PROCEDURE REGARDING REASONAPLE ACCOMMODATION REQUESTS; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, pursuant to LDR Section 1.1.6, the Plarn~ing and Zoning Poard reviewed the proposed text amendment at a public hearing held on September 20, 2010 and voted 7 to 0 to recommend that the changes be approved and WHEREAS, pursuant to Florida Statute 163.3174(4)(c), the Plarn~ing and Zoning Poard sitting as the Local Plarn~ing Agency, has determined that the change is consistent with and furthers the goals, objectives and policies of the Comprehensive Plary and WHEREAS, the City Commission of the City of Delray Peach adopts the findings in the Plarn~ing and Zoning Staff Report; and WHEREAS, the City Commission of the City of Delray Peach finds the ordinance is consistent with the Comprehensive Plan. NOW, THEREFORE, PE IT ORDAINED PY THE CITY COMNIISSION OF THE CITY OF DELRAY PEACH, FLORIDA, AS FOLLOWS: Section 1. That the recitations set forth above are incorporated herein. Section 2. That Article 2.4, "General Administration Procedures", Section 2.4.7, "Procedures for Obtaining Relief from Compliance with Portions of the Land Development Regulations", Subsection (G), "Requests for Accommodation', Sub-Subsection (5), "Notice of Proposed Decision', of the Land Development Regulations of the City of Delray Peach, Florida, be and the same is hereby amended to read as follows: (5) Notice of Proposed Decision. The City 1\/Ianager, or his/her designee, shall have the authority to consider and act on requests for reasonable accommodation, When a reasonable accommodation request form has been completed and submitted to the Plarn~ing and Zoning Department, it will be referred to the City Manager, or his/her designee, for review and consideration. The City Manager, or his/her designee, shall issue a written determination within forty- five (45) days of the date of receipt of a completed application and may, in accordance with federal law, (1) grant the accommodation request, (2) grant a portion of the request and deny a portion of the request, and/or impose conditions upon the grant of the request, or (3) deny the request, in accordance with federal law Any such denial shall be in writing and shall state the grounds therefor. All written determinations shall give notice of the right to appeal. The notice of determination shall be sent to the requesting party (i.e. the disabled individual or his/her representative) by certified mail, return receipt requested If reasonably necessary to reach a determination on the request for reasonable accommodatiory the City Manager, or his/her designee, may, prior to the end of said forty-five (45) day period request additional information from the requesting party, specifying in sufficient detail what information is required The requesting party shall have fifteen (15) days after the date of the request for additional information to provide the requested information. In the event a request for additional information is made, the forty-five (45) day period to issue a written determination shall no longer be applicable, and the City Manager, or his/her designee, shall issue a written determination within thirty (30) days after receipt of the additional information If the requesting party fails to provide the requested additional information within said fifteen (15) day period the City Manager, or his/her designee, shall issue a~ written notice advising that the requesting party had failed to timely submit the additional information and therefore the request for reasonable accommodation shall be deemed abandoned and/or withdrawn and no further action by the City with regard to said reasonable accommodation request shall be required Section 2. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or ward be declared by a court of competent jurisdiction to be invalid such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed Section 4. That this ordinance shall become effective immediately upon its passage on second and final reading PASSED AND ADOPTED in regular session on second and final reading on this the day of , 2010. ATTEST City Clerk First Reading Second Reading MAYOR 2 ORD. NO.34-10 Coversheet MEMORANDUM TO: Mayor and City Commissioners FROM: Mark McDonnell, AICP, Assistant Director Planning and Zoning Paul Dorling, AICP, Director Planning and Zoning THROUGH: City Manager DATE: September 29, 2010 Page 1 of 1 SUBJECT: AGENDA ITEM 12.A. -REGULAR COMMISSION MEETING OF OCTOBER 5, 2010 ORDINANCE N0.34-10 ITEM BEFORE COMMISSION Consideration of achy-initiated amendment to the Land Development Regulations (LDRs) that will clarify the procedure regarding reasonable accommodation requests. BACKGROUND Current language in the Land Development Regulations requires notice and a public hearing to receive comments, input and information from the public regarding requests for reasonable accommodation before such requests are considered and acted upon. The intent of the Reasonable Accommodation process is to not impose an inordinate burden on persons with disabilities and, to comport with that intent, this notice and public hearing requirement should not be imposed. This amendment removes the requirement for notice and public hearing. REVIEW BY OTHERS The Planning and Zoning Board voted 7 - 0 recommending approval at their September 20, 2010 meeting. RECOMMENDATION By motion, approve on first reading Ordinance No. 34-10 for achy-initiated amendment to the Land Development Regulations, by adopting the findings of fact and law contained in the staff report and finding that the amendment is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(M) of the Land Development Regulations. http://agendas.mydelraybeach.com/Bluesheet.aspx?ItemID=3832&MeetingID=272 10/7/2010 PLANNING AND ZONING BOARD STAFF REPORT MEETING DATE: SEPTEMBER 20, 2010 AGENDA NO: V.B. AGENDA ITEM: CONSIDERATION OF ACITY-INITIATED AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS (LDR), BY AMENDING SECTION 2.4.7, "PROCEDURES FOR OBTAINING RELIEF FROM COMPLIANCE WITH PORTIONS OF LAND DEVELOPMENT REGULATIONS", BY AMENDING SUBSECTION (G), "REQUESTS FOR ACCOMMODATION", SUB- SUBSECTION (5), "NOTICE OF PROPOSED DECISION", TO CLARIFY THE PROCEDURE REGARDING REASONABLE ACCOMMODATION REQUESTS. ITEM BEFORE THE BOARD The item before the Board is to make a recommendation to the City Commission regarding acity- initiated amendment to Land Development Regulations (LDRs) that will clarify the procedure regarding reasonable accommodation requests. Pursuant to Section 1.1.6, an amendment to the text of the Land Development Regulations may not be made until a recommendation is obtained from the Planning and Zoning Board. BACKGROUND/ANALYSIS Current language in the Land Development Regulations first require notice and a public hearing to receive comments, input and information from the public regarding requests for reasonable accommodations before such requests are considered and acted upon. The intent of the Reasonable Accommodation process is to not impose an inordinate burden on persons with disabilities and to comport with that intent this requirement should not be imposed. This amendment removes the requirement for the notice and public hearing. REQUIRED FINDINGS Comprehensive Plan Conformance LDR Section 2.4.5(M)(5) (Findings) requires that the City Commission make a finding that the text amendment is consistent with and furthers the Goals, Objectives and Policies of the Comprehensive Plan. A thorough review of the Comprehensive Plan was conducted and while there are no specific goals, objectives, and policies to which this amendment would be applicable, the amendment is not inconsistent with the Comprehensive Plan. REVIEW BY OTHERS Courtesy Notices Courtesy notices were provided to the following homeowner and civic associations: ^ Neighborhood Advisory Council ^ Progressive Residents of Delray (PROD) Letters of objection and support, if any, will be provided at the Planning and Zoning Board meeting. ASSESSMENT AND CONCLUSION The proposed amendment will provide a more equitable Reasonable Accommodation Request process. ALTERNATIVE ACTIONS A. Continue with direction. B. Move a recommendation of approval to the City Commission of the amendment to Land Development Regulations, Section 2.4.7, "Procedures For Obtaining Relief From Compliance With Portions Of Land Development Regulations", By Amending Subsection (G), "Requests For Accommodation", Sub-Subsection (5), "Notice Of Proposed Decision", To Clarify The Procedure Regarding Reasonable Accommodation, by adopting the findings of fact and law contained in the staff report, and finding that the text amendment and approval thereof is consistent with the Comprehensive Plan and meets the criteria set forth in LDR Section 2.4.5(M) C. Move a recommendation of denial to the City Commission of the amendment to Land Development Regulations, Section 2.4.7, "Procedures For Obtaining Relief From Compliance With Portions Of Land Development Regulations", By Amending Subsection (G), "Requests For Accommodation", Sub-Subsection (5), "Notice Of Proposed Decision", To Clarify The Procedure Regarding Reasonable Accommodation, by adopting the findings of fact and law contained in the staff report, and finding that the text amendment and approval thereof is inconsistent with the Comprehensive Plan and does not meet the criteria set forth in LDR Section 2.4.5(M) (motion to be made in the affirmative). RECOMMENDED ACTION Recommend approval of the amendment to Land Development Regulations, Section 2.4.7, "Procedures For Obtaining Relief From Compliance With Portions Of Land Development Regulations", By Amending Subsection (G), "Requests For Accommodation", Sub- Subsection (5), "Notice Of Proposed Decision", To Clarify The Procedure Regarding Reasonable Accommodation, by adopting the findings of fact and law contained in the staff report, and finding that the text amendment and approval thereof is consistent with the Comprehensive Plan and meets the criteria set forth in LDR Section 2.4.5(M). Attachment: ^ Proposed Ordinance 2 MEMORANDUM TO: Mayor and City Commissioners FROM: Paul Dorling, AICP, Director of Planning and Zoning THROUGH: City Manager DATE: October 13, 2010 SUBJECT: AGENDA ITEM 12.A. -REGULAR COMMISSION MEETING OF OCTOBER 19, 2010 ORDINANCE N0.37-10 ITEM BEFORE COMMISSION Consideration of acity-initiated amendment to the Land Development Regulations (LDRs) that will modify and provide additional clarification to the regulations for sidewalk cafes. BACKGROUND Section 6.3.3 of the Land Development Regulations identifies the permitting process, associated fees, and regulations governing the use, design and maintenance of sidewalk cafes. The proposed modifications provide additional clarification as to where sidewalk cafes can locate, what businesses can utilize sidewalk cafes, provide for minimum setbacks from vehicular travel lanes and outline certain operational functions that are prohibited within the sidewalk cafe area. The proposed changes also increase the application, permit and penalty fees associated with the use. In summary, the following substantial changes are proposed: -Clarifies that retail businesses with food sales as an accessory use are not eligible for sidewalk cafe permits. These changes are necessary to address on going issues as well as evolving concerns related to the proliferation of sidewalk cafes in association with primarily retail uses; -Provides clarification that certain operational functions (food prep, trash receptacles, and cash registers) are prohibited in the sidewalk cafe area; -Expands the area where sidewalks cafes can occur to include areas adjacent to public spaces and areas between the side street and the building in addition to the current language which allows the use only in areas between the front of the building and the street; -Increases the application, permit and penalty fees; -Includes aesthetic changes, including a requirement that street furniture associated with the cafe use be of a quality design, materials and workmanship that will enhance the visual and aesthetic quality of the urban environment. The changes also require aesthetic approval of elements such as carpeting, artificial turf or other surfaces; and -Requires a minimum two foot setback for tables and associated chairs when they are located immediately adjacent to a vehicular travel lane. REVIEW BY OTHERS The Community Redevelopment Agency unanimously recommended approval at their September 23, 2010 meeting, but recommending the fee increase be limited to 30%. The Downtown Development Authority unanimously recommended approval at their September 13, 2010 meeting, with clarification of a 5-foot wide clear area as opposed to 6 feet (this change is reflected in the current ordinance). The Planning and Zoning Board voted 7 - 0 recommending approval at their September 20, 2010 meeting, with the conditions that 1) markers be placed that are both permanent and visible to mark the 5-foot wide area referred to in the ordinance and, 2) that staff is to advise applicants to provide public safety measures as part of their application. The City Commission considered the ordinance on first reading at their meeting of October 5, 2010 where you recommended continuance. Staff was directed to add language that required a minimum 2' setback for any tables or chairs located immediately adjacent toa vehicular travel lane. This change has been added to the ordinance. RECOMMENDATION By motion, approve on first reading Ordinance No. 37-10 for acity-initiated amendment to the Land Development Regulations, by adopting the findings of fact and law contained in the staff report and finding that the amendment is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(M) of the Land Development Regulations. ORDINANCE N0.37-10 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY PEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY PEACH, PY AMENDING SECTION 6.3.3, "SIDEWALK CAFE"; TO PROVIDE CLARIFICATION ON SIDEWALK CAFES; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning Poard reviewed the proposed text amendment at a public hearing held on September 20, 2010 and voted 7 to 0 to recommend that the changes be approved and WHEREAS, pursuant to Florida Statute 163.3174(4)(c), the Plarn~ing and Zoning Poard sitting as the Local Plarn~ing Agency, has detemlined that the change is consistent with and furthers the goals, objectives and policies of the Comprehensive Plan; and WHEREAS, the City Commission of the City of Delray Peach adopts the findings in the Plarn~ing and Zoning Staff Report; and WHEREAS, the City Commission of the City of Delray Peach finds the ordinance is consistent with the Comprehensive Plan. NOW, THEREFORE, PE IT ORDAINED PY THE CITY COMNIISSION OF THE CITY OF DELRAY PEACH, FLORIDA, AS FOLLOWS: Section 1. That the recitations set forth above are incorporated herein. Section 2. That Section 6.3.3, "Sidewallc Cafe", of the Land Development Regulations of the City of Delray Peach, be and the same is hereby amended to read as follows: Section 6.3.3 Sidewallc Cafe: A sidewallc cafe is a group of tables with chairs and associated articles approved by the City situated and maintained outside whether on public or private property, (excluding interior courtyard seating which is subject to parking requirements) and used for the consumption of food and beverages sold to the public from an adjoining business. All tables and chairs and associated articles must be located within the sidewallc cafe permit area Sidewallc cafes allowed only when incompliance with this Section (A) Permit and Fees: It shall be unlawful for any person to establish a sidewallc cafe at any site unless a valid permit to operate a sidewallc cafe has been obtained for that site, from the City pursuant to this Section The permit shall be issued on a form provided by the City of Delray Beach No permit shall be issued until all the requirements of this Section have been met. Permits shall not be transferable. (1) Each permit shall be effective for one year, from July 1st until June 30th Any new permit application received after July 1st until December 31st will pay the full cost of the permit fee and the permit shall expire June 30th of the following year. Any new permit application received after December 31st will pay one-half of the cost of the permit fee and the permit shall expire June 30th of the same year. (2) The sidewakc cafe application fee is one hundred ~ dollars ($150.00 48:98). The permit fee is $4.50 X99 per square foot of approved sidewakc cafe space. (3) Renewals of a Sidewallc cafe permit and payment of fees must be submitted and approved on or before July 1st of each year. (4) Late Renewal Fee: If a renewal payment is not submitted by July 1st, it shall be considered late and subject to a late fee of ten percent (10%), plus an additional five-percent (5%) late fee if payment is not received by the first of each month thereafter until paid, provided that the total fee shall not exceed twenty-percent (20%). If a renewal payment is not submitted by July 1st, the City has the right to immediately cancel the Sidewallc Cafe permit upon written notice to the permit holder. (S) Applicability: The provisions of this section shall apply to all existing and proposed sidewakc cafes effective July 1, 2005. (C) Required Information: In addition to the required permit application and permit fee, the following must be provided at the time the application is submitted or renewed: (1) A copy of a valid eel business tax receipt; and description of use. (2) A sketch plan of the area between the store front and vehicular travel surface or lic s ce, drawn to a minimum scale of 1" = 10' which shows: (a) The sidewakc cafe area including square footage and dimensions; (b) The store front and all openings (doors, windows); (c) The location of curb, sidewalk, and any utility poles, fire hydrants, landscaping, or other items, within the right-of-way and private property, between the curb and the store front including dimensions; 2 ORD NO. 37-10 (d) The location of any of the above items which are within six feet (6') of the ends of the proposed use area; and the location of parking spaces (or use of the street or public space) adjacent to the proposed use area; Attorney. (e) Qear delineation of the boundary between private properly and the right-of-way including dimensions; (f) Delineation of "clear pedestrian pathways' and "No Table Zones" as required by Subsection (F) (5); (g) Proposed location of chairs with tables, and other private features such as but not limited to hostess stands, umbrellas, etc.; (h) Proposed location of sidewallc cafe bamers as required by Subsection (F) (7); (i) Photographs and/or manufacturer brochures depicting the chairs, tables, umbrellas, menu boards and logos, and other temporary private features including, but not limited to, lightingLplanters, ropes, stanchions and other equipment to be used in the proposed sidewallc cafe area (j) If the Permittee intends to use properly in front of an adjacent business, the pemuttee must submit a notarized statement from the adjacent business owner(s) indicating the adjacent business owner has allowed the use of the sidewallc in the front of their business(s), on a foml acceptable to the City. (3) Proof of Insurance and a Hold Harmless Agreement in a form acceptable to the City (D) Processing. The permit application including the Required Information as requested in Subsection (C) above shall be submitted to the Community Improvement Department for processing Appeals shall be governed by Section 2.4.7(E ). (E) Geographic Limitation: A permit for a sidewallc cafe may be issued within those zoning districts which allow restaurants, subject to any limitations or restrictions of the particular district. (F) Regulations Governing the Use, Design, and Maintenance of a Sidewalk Cafe: (1) A sidewallc cafe shall only be established in conjunction with a legally established restaurant ~ra ~~~- +.,~.,,,,, ,+ ~,,,,a ~+,,,,,, or business, where the food product is prepared processed, or assembled on the premises (for example: deli ice cream store, candy store, sandwich shop) where the food product preparation is the main or sole purpose of the business. A business that prepares, ORD NO. 37-10 (2) A sidewakc cafe may only be established in front of the business or along a side street adi acent to the business, or public space, and such businesses immediately adjacent to the business with which the sidewakc cafe is associated The sidewakc cafe shall not be established adjacent to a travel lane or on street parking, unless there is no ability to establish a sidewakc cafe adjacent to the storefront, in which case a sidewakc cafe maybe located adjacent to a traffic lane or street parking as long as a five foot clear pedestrian path is provided and the tables and associated chairs provide a minimum setback of 2' from the vehicular travel lane and associated curbing This 2' setback does not apply when the tables are immediately adi acent on street parldn~ , (3) Alcoholic beverages maybe consumed at a sidewakc cafe. (4) The use of the tables and chairs at a sidewakc cafe shall be only for the customers of the business with which the sidewakc cafe is associated Tables, chairs, umbrellas, barriers and other urban environment, as previousl~pproved by the City and as shown and depicted in the approved Sidewallc Cafe permit. (5) Sidewallc cafe operators shall maintain a clear pedestrian path of a minimum of five feet (5') at all times. The five foot (5') clear pedestrian path shall be parallel to the street and/or alley. In the event a five foot (5') clear pedestrian path adjacent to the curb is interrupted by street furniture, trees, tree grates or similar impediments, then the sidewakc cafe operator may provide for a five foot (5') clear pedestrian path commencing from the edge of the irnpedirr~zt closest to the building facade for a distance of five feet (5') towards the building. In areas of higher pedestrian traffic or activity or if conditions are such that additional clearance is required to assure safe pedestrian travel, additional clear space shall be required A clear pedestrian path greater than five feet (5') may be required on sidewalks with an adjacent traffic lane. (6) A "No Table Zone" is hereby established No sidewakc cafe tables or chairs shall be located within the "No Table Zone". The "No Table Zone" is that area located at the intersections of Atlantic Avenue with any side street, within fifteen feet (15') of the extended curb line. The fifteen feet (15') will be measured perpendicular to the street from the extended curb. For non Atlantic Avenue intersections, the "No Table Zone" shall be ten feet as measured above. (7) The sidewakc cafe area is to be segregated from the pedestrian pathway by means of barriers such as planters, railings or other similar moveable fixtures or other clearly visible demarcation No part of the eke barrier shall be located within the required 5' clear pedestrian pathway as defined in subsection (5 above. 4 ORD NO. 37-10 (8) In addition to previously approved business signs, the sidewalk cafe may have one of the following signs: (a) A wall mounted menu board sign that does not exceed three square feet (3 sq.ft.). (b) A free standing easel or art object that does not exceed five feet (5') in height that holds a menu board with a sign face not to exceed six square feet (2 ft. x 3 ft.). (c) Logos upon table umbrellas. The free standing easel or art object must be placed immediately in front of the business in the permitted sidewakc cafe area These signs shall not require further Site Plan Review and Appearance Board approval and are an exemption to requirements with the Cites sign code. Portable signs shall be prohibited except as allowed in Section 4.6.7(E)(3)(d) Grand Opening Portable Signs. (9) Use area and/or seating capacity realized through a sidewallc cafe use and contiguous outdoor dining areas shall not invoke provisions of the zoning code as they pertain to parking or other matters. (10) Food maybe carried to tables by patrons or served by a table waiter. Eee~ . The use of food preparation stations, trash receptacles and cash registers are prohibited within the sidewakc cafe area. (11) The use of carpeting, artificial turf, or other surfaces of any kind must be approved as apart of the sidewakc cafe application (12) All services provided to patrons of a sidewallc cafe and all patron activit~i.e., sitting, dining, etc.) shall occur within the designated sidewallc cafe area, and shall not impinge on the required 5' clear distance for pedestrian passage at anytime. 13 {~ Hours of operation shall be the same as the associated businesses. 14 {~ The area covered by the permit, including the sidewallS curb and gutter immediately adjacent to it, shall be maintained in a Cleary neat, attractive and orderly manner at all times and the area shall be cleared of all debris and stains on a periodic basis during the day and again at the close of each business day, ensuring a tidy appearance. The pemuttee shall also be responsible to pressure clean the sidewakc surface on which the sidewakc cafe is located at least once a week or more frequently, if needed and pickup all litter and debris including litter and debris in the landscaped areas adjacent to the sidewallc cafe area Linder permit. ORD NO. 37-10 15 {~ No tables, chairs, or any other part of sidewalk cafes shall be attached chained or in any manner affixed to any tree, post, sign or other fixtures, curb or sidewallc within or near the permitted area (G) Liability and Insurance: (1) Prior to the issuance of a permit, the applicant shall furnish a signed statement that the permittee shall hold harmless the City, its officers and employees and shall indemnify the City, its officers and employees from any claims for damages to property or injury to persons which may be occasioned by any activity carved on under the terms of the permit. (2) Permittee shall famish insurance and insurance certificate and maintain such public liability, food products liability, and properly damage insurance from all claims and damages to properly or bodily injury, including death, which may arise from operations tinder the permit or in connection therewith Such insurance shall provide coverage of not less than one million dollars ($1,000,000) for bodily injury, and property damage respectively, per occt>rrence. Such insurance shall name the City, its officers and employees as additional insureds and shall further provide that the policy shall not terminate or be canceled without thirty (30) days written notice to the City. (I~ Penalties for Violations: In addition to the remedies provided in Section 6.3.3(I), the following penalties will be imposed upon the issuance of a written notice to the permittee shall be given as follows: 1St violation - a written warning 2nd violation - up to $~98 150 fine 3rd violation - up to $~5 250 fine (I) Denial, Revocation, or Suspension of Permit; Removal and Storage Fees; £~et Jurisdiction of the Code Enforcement Board or Civil Violations; Emergencies: (1) The City Manager or his/her designee may deny, revoke, or suspend a permit of any sidewallc cafe in the City if it is found that: (a) Any necessary business or health permit has either been suspended revoked or canceled or has lapsed. (b) The permittee does not have insurance which is correct and effective. ORD NO. 37-10 (c) Q,anging conditions of pedestrian or vehicular traffic cause congestion necessitating removal or modification of the sidewalk cafe, in order to avoid danger to the health, safety or general welfare of pedestrians or vehicular traffic. (d) The pemuttee has failed to correct violations of this subchapter or conditions of permitting within three (3) days of receipt of written notice of same. (e) If the permtttee receives more than three (3) Code Enforcement violations and/or civil violations in a 12 month period from the issuance of its permit for non compliance to this Sectiory the permit shall be terminated and no refunds of the permit application fee shall be granted The perrnittee may not receive a new pemut for six months. (f) The Sidewallc Cafe does not enhance or conform to the aesthetic ambiance of the area or is not compatible with other adj acent businesses or sidewallc cafes. (2) The City many remove or relocate or order the removal or relocation of tables and chairs and other vestiges of the sidewakc cafe and a reasonable fee charged for labor, transportatiory and storage, should the permtttee fail to remove said items within thirty-six (36) hours of receipt of the written notice from the City Manager or his/her designee ordering removal or relocation. However, in the event of an emergency, no written notice of relocation or removal shall be given and relocation and/or removal shall commence immediately. (3) The permtttee may appeal the order of the City Manager pursuant to Section 6.3.3(J), below (4) _ines for noncompliance shall be in accordance with Chapter 37 of the Code of Ordinances. (5) The sidewakc cafe pemut maybe suspended upon written notice of the City Manager or his/her designee and removal maybe ordered by the City when repairs necessitate such action. (6) In additiory the City may immediately remove or relocate all or parts of the sidewalk cafe or order said removal or relocation in emergency situations, without written notice. In an emergency or upon the issuance of a hurricane warning or notification of another weather emergency by the county, the permtttee shall forthwith place indoors all tables, chairs, and other equipment located on the sidewalk Failure to comply shall result in violation of this subsection which shall result in the issuance of a fine not to exceed $500.00. Q) Appeals: '7 ORD NO. 37-10 (1) Appeals of the decision of the City Manager or his/her designee shall be initiated within ten (10) days of a permit denial, revocation or suspensiony or of an order of removal or relocationy by filing a written notice of appeal with the City Manager. (2) The City Manager shall place the appeal on the first available regular City Commission agenda. At the hearing on appeal, the City Commission shall hear and determine the appeal, and the decision of the City Commission shall be final and effective immediately. The City Commission shall apply the standards set forth in 6.3.3(I). (3) The filing of a notice of appeal by a permittee shall not stay an order of the City Manager or his/her designee regarding the suspension, revocation or denial of the permit, or the relocation or removal of the vestiges of the sidewallc cafe. Vestiges of the sidewallc cafe shall be removed as set forth in this subchapter, pending disposition of the appeal and the final decision of the City Commission. (4) Appeals from the decision of the Code Enforcement Soard shall be to the circuit court and not to the City Commission. Section 3. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or ward be declared by a court of competent jurisdiction to be invalid such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid Section 4. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed Section 5. That this ordinance shall become effective immediately upon its passage on second and final reading PASSED AND ADOPTED in regular session on second and final reading on this the day of , 2010. ATTEST MAYOR City Clerk First Reading Second Reading g ORD NO. 37-10