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11-02-10 Regular MeetingCity of Del ray Beach Regular Commission Meeting RULES FOR PUBLIC PARTICIPATION Tuesday, November 2, 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 Public will be limited to three minutes or less. The Mayor or presiding officer has Hearings 7:00 discretion to 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 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 12, 2010 - SpeciaUWorkshop Meeting B. October 19, 2010 -Regular Meeting 6. PROCLAMATIONS: A. NONE 7. PRESENTATIONS: A. NONE 8. CONSENT AGENDA: City Manager Recommends Approval A. REQUEST FOR SIDEWALK DEFERRAL/511 SOUTH OCEAN BOULEVARD:APprove arequest to defer the installation of a sidewalk for the property located at 511 South Ocean Boulevard. B. REQUEST FOR SIDEWALK DEFERRAL/125 SEABREEZE AVENUE: Approve a request to defer the installation of a sidewalk for the property at 125 Seabreeze Avenue. C. CHANGE ORDER NO. 1 (CONTRACT ADDITION)/BRANG CONSTRUCTION, INC.: Approve Change Order No. l (Contract Addition) in the amount of $653,303.08 to Brang Construction, Inc., and a contract extension of 62 calendar days for installation of a reclaimed water transmission and distribution system along the Martin Luther King Jr. Drive Beautification project. Funding is available from 441- 5181-536-65.96 (Water and Sewer Fund: Other Improvements/Reclaimed Water Transmission). D. RESOLUTION NO. 64-10: Approve Resolution No. 64-10 supporting the Department of Transportation's South Florida East Coast Corridor project from .Tupiter to Miami. E. FOURTH AMENDMENT TO THE INTERLOCAL AGREEMENT/PALM BEACH COUNTY: Approve the Fourth Amendment to the Interlocal Agreement with Palm Beach County in the amount of $98,897.00 supporting Weed and Seed "seeding" efforts. F. AMENDMENT TO THE INTERLOCAL AGREEMENT/PALM BEACH COUNTY/MARTIN LUTHER KING DRIVE:Approve an Amendment to the Interlocal Agreement with Palm Beach County to extend the date for final invoice submission to December 31, 2011; and allow full access and cooperation with the Inspector General to City records for installation of decorative street lights along Martin Luther King .Tr. (MLK) Drive. G. RATIFICATION OF APPOINTMENT TO THE PARKING MANAGEMENT ADVISORY BOARD: Approve and ratify the appointment of Ms. Margie Walden, West Atlantic Redevelopment Coalition Representative, for an unexpired term ending .Tiny 31, 2012. H. SPECIAL EVENT REQUEST/TREE LIGHTING AND MENORAH LIGHTING/ART AND .TAZZ ON THE AVENUE: Approve a special event request to endorse the Tree Lighting, Menorah Lighting and Art & .razz on the Avenue to be held on December 2, 2010 from 5:00 p.m. to 10:00 p.m., to grant a temporary use permit per LDR Section 2.4.60 for the closure of Atlantic Avenue from Swinton to NE/SE 7th Avenue, and to the alley north of Atlantic Avenue on NE 1St Avenue, NE 2nd Avenue, Railroad Way, and NE 4th Avenue and from Atlantic to the alley south on SE 1St Avenue, SE 2nd Avenue, SE 3rd Avenue and SE 4th Avenue, to authorize staff support for security, traffic control, banner hanging and removal, barricade set up and removal, trash removal, clean up, EMS assistance and use of the large City stage; contingent upon receipt of the Hold Harmless Agreement. SPECIAL EVENT RE~UEST/HOWARD ALAN 22nd ANNUAL DELRAY BEACH FESTIVAL OF THE ARTS: Approve a special event request for the 22nd Annual Delray Beach Festival of the Arts sponsored by Howard Alan Events, Ltd. to be held on .Tanuary 15-16, 2011 from 10:00 a.m. to 5:00 p.m., granting a temporary use permit per LDR Section 2.4.60 for use of City rights-of-way on Atlantic Avenue from the east side of N.E. 6th Avenue to Bronson, and the Gladiola lot (S.E. 6th Avenue) for vendor parking; authorize staff support for security and traffic control, barricade assistance, EMS assistance, and permit an event sign to be erected on Atlantic Avenue just east of I-95 fourteen (14) days prior to the event with the sponsor paying all overtime costs. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period October 18, 2010 through October 29, 2010. K. AWARD OF BIDS AND CONTRACTS: 1. Contract award to Chaz Equipment Environmental Services, Inc. in the amount of $26,176.00 for the Rehabilitation of Lift Station #50's wet well. Funding is available from 442-5178-536-68.53 (Water and Sewer Renewal & Replacement Fund: Improvements other/Wet Well Rehabilitation Building Lift Station). 2. Purchase award to Chaz Equipment Environmental Services, Inc. in the amount of $50,000.00 for Sanitary Sewer Manhole Rehabilitation program under the terms and conditions of the current annual contract. Funding is available from 442-5178-536-63.82 (Water & Sewer Renewal & Replacement Fund: Improvements Other /Sanitary Sewer MH Rehab). 3. Purchase award in the amount of $39,259.70 to DGG Taser to replace forty-six (46) Tasers. Funding is available from 001-2111-521-52.27 (General Fund: Operating SuPplies/Equipment < $1,000 REGULAR AGENDA: A. CONSIDERATION OF AN APPEAL/125 SEABREEZE AVENUE: Consider an appeal of an administrative interpretation by the Director of Planning & Zoning that a proposed single family residence within the North Beach Overlay District at 125 Seabreeze Avenue is a two story building. (Quasi-Judicial Hearing B. CONDITIONAL USE RE~UEST/THE HARTMAN HOUSE: Consider approval to allowthe establishment of a bed and breakfast inn within the Medium Density Residential (RM) zoning district for the property located at 302 N.E. 7th Avenue, Individually Designated on the Local Register of Historic Places as The Hartman House. (Quasi-Judicial Hearing C. REQUEST FOR IN-LIEU PARKING SPACE/BRIGHT HORIZONS d/b/a 32 EAST: Consider a request from Bright Horizons d/b/a 32 East for the purchase of one (1) in-lieu parking space in the amount of $15,600.00. Thirty-Two East is located at 32 East Atlantic Avenue. (Quasi-Judicial Hearing D. CONSIDER APPROVAL OF CHANGES TO SPECIAL EVENTS POLICIES AND PROCEDURES: Consider approval of proposed changes to the Special Events Policies and Procedures with an immediate effective date. 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 rg anting 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, to authorize staff support for traffic control, barricade inspection, and fire inspector services; to permit an event sign on Atlantic Avenue just east of I-95 fourteen (14) days prior to the event with the sponsor paying all overtime costs, and to grant an appeal from Section III (G) of the Event Policies and Procedures to allow this event. F. AMENDMENT NO. 3 TO THE RENEWAL LEASE AGREEMENT/DELRAY BEACH HISTORICAL SOCIETY:Consider approval of Amendment No. 3 to the Renewal Lease Agreement with the Delray Beach Historical Society for Cason Cottage and a one (1 vear operating_grant request. G. APPOINTMENT TO THE POLICE ADVISORY BOARD: Appoint one ~) regular member to the Police Advisory Board for an unexpired term ending .Tiny 31, 2012. Based upon the rotation system, the appointment will be made by Commissioner Frankel (Seat #3~ H. APPOINTMENTS TO THE NEIGHBORHOOD ADVISORY COUNCIL: Appoint one ~) regular member (for Zone 3) to the Neighborhood Advisory Council to serve a three ~) vear term ending .Tiny 31, 2013 and one ~) regular member (for Zone 1) to serve an unexpired term ending .Tiny 31, 2013. Based upon the rotation system, the appointments will be made by Mayor McDuffie (Seat #5) and Commissioner Fetzer Seat #2 . 10. PUBLIC HEARINGS: 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. 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. 38-10: Consider amending Chapter 33, "Police and Fire-Rescue Departments", Section 33.65, "Administration", to modify the board member designations for Fire Chief and Police Chief. If passed, a public hearing will be held on November 16, 2010. B. ORDINANCE N0.40-10: Consider calling for a referendum on proposed revisions to the Charter of the City of Delray Beach to amend Article III, "Legislative", Section 3.02, "City Commission: Composition, Eligibility, Election, and Terms", and amend Article V, "Elections", Section 5.02, "Ty_pes of Elections", to provide for a change in the length of a term from a two (2) year term to a three (3~year term;~roviding for a referendum election to be held on March 8, 2011. If passed, a public hearing will be held on November 16, 2010. 13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS: A. City Manager B. City Attorney C. City Commission SPECIAL/WORKSHOP MEETING OCTOBER 12, 2010 A Special/Workshop Meeting of the City Commission of the City of Delray Peach, Florida, was called to order by Mayor Nelson S. McDuffie in the First Floor Conference Room at City Hall at 6:00 p.m., on Tuesday, October 12, 2010. Roll call showed Present - Commissioner Gary P. Eliopoulos Commissioner Fred P. Fetzer Commissioner Adam Frankel Commissioner Angeleta E. Gray Mayor Nelson S. McDuffie Absent - None Also present were - David T. Hardery City Manager Prian Shutt, City Attorney Kimberly Wynry Acting City Qerk Mayor Nelson S. McDuffie called the special/workshop meeting to order and announced that it had been called for the purpose of considering the following Item. SPECIAL MEETING AGENDA 1. APPOINTMENT OF OUTSIDE LABOR COUNSEL: Consider approval of Allen, Norton and Plue as outside labor/employment counsel to the City of Delray Peach Mr. Prian Shutt, City Attorney, presented this item. He discussed background information on Allen, Norton and Plue law firm and the selection process. Mr. Eliopoulos asked how the firm was selected Mr. Shutt discussed rates, distance and positive referrals from other municipalities. Mr. Pruce Koeser, Director of Human Resources, stated the retainer provision was reasonably priced Mr. David T. Hardery City Manager, discussed the firm s approach to negotiation and stated the professionalismwas impressive. Mts. Gray asked about contracts with the previous attorneys. Mr. Shutt explained the new firm would be at the Executive Session that is scheduled after the Special/Workshop Meeting on October 12, 2010. Outstanding items would be handled by the previous attorney, but, there would be some overlap. Mr. Harden advised the overlap would be with litigation not in dealing with the Unions. Mts. Gray asked if the fee included travel Mr. Shutt explained travel expel-~ses would be split, when possible, if Allen, Nortory and Slue had to visit other clients in the area. The firm is located in Coral Gables; however, they have clientele in Palm County. Mr. Frankel is delighted with the new attorney and impressed with the firm's clientele. Mr. Fetzer stated he wanted a competent attorney, but the choice of attorney would not solve union challenges. Mr. Harden advised that discussions to reduce the benefits of Fire and Police would always be met with resistance. Mayor McDuffie stated he supported the new firm. Mr. Frankel moved to approve appointing Allen, Norton and Plue as outside labor/employment counsel to the City of Delray Peach, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mr. Fetzer -Yes; Mr. Frankel -Yes; Mrs. Gray -Yes; Mayor McDuffie -Yes; Mr. Eliopoulos -Yes. Said motion passed with a 5 to 0 vote. Mayor McDuffie adj oumed the Special Meeting at 6:09 p.m. WORKSHOP MEETING AGENDA 1. Discussion of Seacrest Soccer Comdex Maintenance Agreement with the Delray Beach Athletic Club Mr. Todd L'Herrou, Executive Director of the Delray Peach Athletic Qub, introduced this item. He discussed the possibility of the Delray Peach Athletic Qub taking over the Sports Turf One contract at the Seacrest Soccer Complex to alleviate some of the costs the City incurred with the present contract. Mrs. Linda Karch, Director of Parks and Recreation, discussed Delray Peach Athletic Club's proposed Maintenance Agreement and the cost savings of approximately $70,000.00 for the City, which is the current contract amount with Sports Turf One. This would include the maintenance of the field and staffing the Seacrest Soccer Complex with a member from the Delray Peach Athletic Club on nights and weekends, which would eliminate the need for Parks and Recreation staff during that time. Mts. Karch discussed the current contract and a possible lawsuit if terminated without probable cause. She stated that Parks and Recreation is satisfied with the level of service they have received from Sports Turf One and cannot justify terminating the contract. Mrs. Gray asked about turf upgrade at Seacrest Soccer Complex. Mr. L'Herrou explained turf upgrade and the cost and some of the options. He advised that the Community Redevelopment Agency (CRA) would not be able to pick up the cost because it is an on going expense. October 12, 2010 Mts. Karch discussed the level of maintenance and the contractual obligation the City had with the School Poard of Palm Peach County which would cause a conflict with the proposed Maintenance Agreement. She talked about scheduling conflicts with the Delray Rocks Football Games and the Delray Peach Athletic Qub. She advised with the proposed Maintenance Agreement the City would continue to maintain the common areas. Mr. Frankel asked if the Delray Peach Athletic Qub would have exclusive rights to the field Mr. L'Herrou stated that the Delray Peach Athletic Qub would be the primary scheduler of the field He stated this would allow field usage to rotate. He discussed how the field is rotated for maintenance periodically. Mr. L'Herrou said this rotation would not impact XPE Sports a/k/a Sports Turf One. Mts. Karch was concerned about taming over the Cites right to the field and being granted permission to usage by a private organization Mrs. Gray asked how often the field is closed Mts. Karch advised eight (8) weeks. Mts. Gray stated she is not in favor of taming the field over to one organization She discussed scheduling conflicts with the Delray Rocks and Seacrest Soccer Complex. Mr. L'Herrou apologized to Commission for the conflict, and assured them it was not done intentionally. Mrs. Karch explained the scheduling conflict. Mr. Fetzer asked about the termination process if the proposed Maintenance Agreement does not work Mts. Karch discussed the contract terms and the right to terminate. Mr. Fetzer discussed the economic advantages this would present the City. He stated he supported the Maintenance Agreement and would like to try. Mr. Eliopoulos discussed the homble parking conditions and the segregation of the sports and the need to integrate and break down barriers. Mr. L'Herrou discussed the pre-lacrosse and fitness training for expensive equiprr~ent. Mr. Harden stated the proposed Maintenance Agreement was more complicated than he originally anticipated and wanted to know if Commission would like to proceed Mayor McDuffie is interested in pursuing a private partnership and he supported w~rldng out the details of the agreement. Mrs. Gray questioned scheduling conflicts with the camps such as Prandon Flowers' Sports Camp and stated she does not support giving control of City fields to one organization. October 12, 2010 Mayor McDuffie asked if the schedule could be placed on the website to avoid conflicts. Mr. L'Herrou discussed the possibility of growth with the Delray Rocks program. Mts. Gray asked about diversity and outreach programs. Mr. L'Herrou discussed diversity outreach programs. Mayor McDuffie adj oumed the Workshop Meeting at 7:08 p.m. City Clerk ATTEST: MAYOR The undersigned is the City Qerk of the City of Delray Seach, Florida, and the information provided herein is the Minutes of the Special/Workshop Meeting of the City Commission held on Tuesday, October 12, 2010, which NTirtutes were formally approved and adopted by the City Commission on November 2, 2010. City Clerk NOTE TO READER: If the NTinutes you have received are not completed as indicated above, this means they are not the official NTinutes of the City Commission. They will become the official Minutes only after review and approval, which may involve amendments, additions or deletions to the NTinutes as set forth above. October 12, 2010 OCTOBER 19, 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 19, 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 - David T. Harden, City Manager Also present were - Robert A. Barcinski, Acting City Manager Brian Shutt, City Attorney Chevelle D. Nubin, City Clerk 2. The opening prayer was delivered by Rabbi Barry Silver with Congregation L'Dor Vapor. 3. The Pledge of Allegiance to the flag of the United States of America was given. At this point, Mayor McDuffie announced that this is Florida City Government Week and tonight we have our young Commissioners, Mayors, and City Managers from Carver Middle School j oining the City Commission at the dais. 4. AGENDA APPROVAL. Mayor McDuffie stated Item 9.D., Appeal Denial of Special Event Permit/WRMF No Snow Ball Event, Item 9.E., Special Event Reguest/Floward Alan 4t'' Annual Downtown Delray Beach New Year's Craft Festival and Item 9.F., Special Event Permit and Waiver/Supercar Experience have been withdrawn and will be back on the next agenda. For the record, Mr. Eliopoulos stated for Item 8.A., Request for Sidewalk Deferral/510 Seasa~e Drive, he is actually the architect on a different project with this contractor; however, he does not believe there is any conflict. Mrs. Gray moved to approve the Agenda as amended, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mr. Fetzer -Yes; Mr. Frankel - Yes; Mrs. Gray -Yes; Mayor McDuffie -Yes; Mr. Eliopoulos -Yes. Said motion passed with a 5 to 0 vote. 10/19/10 5. APPROVAL OF MINUTES: Mr. Frankel moved to approve the Minutes of the Regular Meeting of October 5, 2010, 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. 6. PROCLAMATIONS: 6.A. Florida City Government Week -October 17-23, 2010 Janet Meeks, Education Coordinator, stated for the last two weeks they celebrated Florida City Government Week at Carver Middle School. Mrs. Meeks stated part of the requirement was to provide a photo, a campaign slogan, and their platform on which they would run on. On Tuesday, they took in their voting box and had a mock election and then all their peers voted for them and the students are now sitting in the seat of the seat they won that day. Mrs. Meeks stated this will now be the morning program Carver Student Council so they will help the Early Morning Program make decisions on the parties and the program pieces that they are going to do for the year. Mrs. Meeks stated they deliberated with the help of Doug Smith and Rich Reade and they talked about Urban Farming and whether or not they should change the City ordinance to allow a chicken farm in residential neighborhoods. Lena Wallace, Principal of Carver Middle School, thanked the City of Delray Beach for their support of the students and the Early Morning Program. Mayor McDuffie read and presented a proclamation hereby proclaiming the week of October 17-23, 2010 as Florida City Government Week to Lena Wallace, Principal of Carver Middle School. 6.B. Healthv Mouth Healthv Body Day -October 27, 2010 Mayor McDuffie read and presented a proclamation hereby proclaiming October 27, 2010 as Healthy Mouth Healthy Body Day. Debora Kerr from the Florida Public Health Institute and Cathy Cabanzon from the Oral Health Coalition came forward to accept the proclamation and gave a few brief comments. 6.C. Families Reading Together Month -November 2010 Mayor McDuffie read and presented a proclamation hereby proclaiming November 2010 as Delray Beach Families Reading Together Month to Janet Meeks, Education Coordinator. 7. PRESENTATIONS: 7.A. None 2 10/19/10 8. CONSENT AGENDA: City Manager Recommends Approval. 8.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. 8.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. 8.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. 8.D. PROJECT AGREEMENT /ELN.D./MANGROVE PARK BOAT RAMP: Approve a prof ect 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. 8.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. 8.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. 8.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. 8.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. 10/19/10 8_I. 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 July 1, 2011 and ending June 30, 2015. The caption of Resolution No. 60-10 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, EXPRESSING SUPPORT FOR 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 15, 2015; PROVIDING FOR SEVERABILITY AND PROVIDING AN EFFECTIVE DATE. (The official copy of Resolution No. 60-10 is on file in the City Clerk's office.) 8_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 July 31, 2011. 8.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. 8.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. 8.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). 4 10/19/10 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/JA. 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-OS), Water Meter Replacements (11-050), and Fire Hydrant Flow Testing via the City of Boynton Beach Bid #033-2821-10/JA. Funding is available from 442-5178-536-49.33 (Water & Sewer Renewal & Replacement Fund: Other Current Charges/OB/Water Service Relocation), 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 Services). 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 # B 10- 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 (C02) 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 Hypochlorite. 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 Hypochlorite "as needed". Funding is available from 441-5122-536-52.21 (Water and Sewer Fund: Operating Supplies/Chemicals). 5 10/19/10 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). NIr. Eliopoulos moved to approve the Consent Agenda, seconded by Mr. Frankel. 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. REGULAR AGENDA: 9.A. RATIFICATION OF COLLECTIVE BARGAINING AGREEMENT/SERVICE EMPLOYEES INTERNATIONAL UNION (SEIU): Consider ratification of the Collective Bargaining Agreement with the Service Employees International Union (SEIU). Bruce Koeser, Director of Human Resources, stated this item before the City Commission is the ratification of the Collective Bargaining Agreement with the Service Employees International Union (SEIU). NIr. Koeser stated this is a three year labor agreement that has been ratified by the SEIU by a vote of 48 to 41 and it includes major provision changes, changes to pension, and also some changes to overtime (Article 9). NIr. Koeser stated staff recommends ratification of this Collective Bargaining Agreement with the SEIU and appreciates the negotiation teams and the cooperation of the union as well. NIr. Frankel moved to approve the Ratification of the Collective Bargaining Agreement with the Service Employees International Union (SEIU), 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.B. CONDITIONAL USE EXTENSION REOUEST/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) 6 10/19/10 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 #2005-100 into the record. Mr. Dorling stated this is a conditional use extension request associated with a new 6,575 square foot sanctuary for Ebenezer Wesleyan Methodist Church located at the northwest corner of S.W. 6th Avenue and S.W. 2"d Street and construction of an off-site parking lot at the northeast corner of S.W. 6th Avenue and S.W. 2"d Street. This extension request is being processed pursuant to LDR Section 2.4.4(F)(1) (Extensions), which requires a review of the application as it relates to the new LDRs if in fact it has not been constructed. Mr. Dorling stated there has been no development activity on this and the conditional use was originally approved on May 3, 2005, and was extended by the City Commission on May 7, 2007, and again on October 7, 2008. He stated there was a related site plan which was also approved on October 11, 2006 and extended on October 15, 2008. If the conditional use is approved by the City Commission, there will be a Site Plan Review and Appearance Board request for extension of the related site plan at a later meeting. Staff looked at this as it relates to the new LDRs and there are no changes in the land development regulations which would affect this application. The applicant has provided some justification for the extension request. Because of the economy and the situations that the applicant has identified, staff feels that another extension should be allowed. Mr. Dorling stated if a further request is requested then staff's recommendation would be different because he believes four is significant. R.L. Howard, Sr., Pastor of the Ebenezer Wesleyan Methodist Church (applicant), stated they initially applied for the conditional use and they wish to construct a new church to properly house their congregation. Pastor Howard stated they applied for commercial real estate along with three financial institutions in Delray Beach and their requests have been denied. He stated there has been a decline in attendance and offerings which is because of a decline in income. Pastor Howard stated they have placed "For Sale" signs on the property and they are trying to raise additional capital. There was no cross examination or rebuttal. Mayor McDuffie stated if anyone from the public would like to speak in favor or in opposition of the conditional use extension request, to please come forward at this time. There being no one from the public who wished to address the Commission regarding the conditional use extension request, the public hearing was closed. 7 10/19/10 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). Mr. Eliopoulos moved to adopt the Board Order subject to the seven conditions listed in Exhibit "A" (valid through May 3, 2012), 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. 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) 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 #2010-158 (for Item 9.C. and Item 9.C.1.) into the record. Mr. Dorling stated this is a waiver request to the site visibility triangle from 10 feet to 2 feet and the LDRs require that within that 10 foot area that a clear site distance be maintained between 3 feet and 6 feet. This applies to a property that is going to be constructed at 909 South Ocean Boulevard. Mr. Dorling stated the required findings of LDR Section 2.4.7(B)(5) are found in the staff report. There was no applicant present to speak. 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. Lillian Stainbaher, 2714 Florida Boulevard, Delray Beach, FL 33483, inquired about the condition of this waiver and asked if there will be an alternative site triangle near the entryway so there will not be obstruction and a danger to the public or to the people coming and going from this property. Mr. Dorling stated it is clear and those site visibility triangles will be far exceeded in each of these locations. There being no one else from the public who wished to address the Commission regarding the waiver request, the public hearing was closed. 8 10/19/10 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). Mrs. Gray moved to adopt the Board Order, 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.C.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. Paul Dorling, AICP, Director of Planning and Zoning, stated this is a request to defer the installation of sidewalk on the north side of South Ocean Boulevard. There is a sidewalk on the west side of South Ocean Boulevard and there is none on the east side. Mr. Dorling stated this deferral would defer that construction to a time when the sidewalks are requested by the city. This agreement obligates the owner to pay for that if the city requests it in the future. Mr. Dorling stated given the current condition it would not make any sense to put the sidewalk in now and there is a commitment from the owner to put the sidewalk in if and when we need it. Staff recommends approval. Mr. Fetzer moved to approve the request to defer the installation of a sidewalk along South Ocean Boulevard for the property located at 909 South Ocean Boulevard, 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.D. THIS ITEM HAS BEEN WITHDRAWN FROM THE AGENDA. 9.E. THIS ITEM HAS BEEN WITHDRAWN FROM THE AGENDA. 9.F. THIS ITEM HAS BEEN WITHDRAWN FROM THE AGENDA. 9.G. AMENDED SPECIAL EVENT REQUEST/13th ANNUAL BED RACE: Consider approval of 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., granting a temporary use permit per LDR Section 2.4.6.(F) 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. 9 10/19/10 Robert A. Barcinski, Acting City Manager, stated last month the Commission approved the 13th Annual Bed Race alone and noted this is an amendment to that approval for the 13th Annual Bed Race for October 29, 2010 from 5:00 p.m. until 11:00 p.m. closing N.E. 2"d Avenue from Atlantic Avenue to N.E. 2"d Street providing staff support as requested, installation of event signage, and set up of half of the small stage. Mr. Barcinski stated this amendment is a partnership and the Downtown Marketing Cooperative (DMC) is the main sponsor. Mr. Barcinski stated they are adding to the bed race with an event called Oktoberween and there will be some activities on the grounds of Old School Square such as a beer tent and entertainment to enhance the Bed Race. Mr. Barcinski stated this particular partnership will be giving some money to the DMC to help offset their costs. He stated originally that was going to be a separate event but today staff had some issues with Kidsfest and the Halloween parade on Saturday so they withdrew that date and they are working together for Friday night. Staff recommends approval of the event. Mr. Frankel moved to approve the Amended Special Event Request of the 13th Annual Bed Race, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mrs. Gray -Yes; Mayor McDuffie -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. Frankel -Yes. Said motion passed with a 5 to 0 vote. 9.H. APPOINTMENTS TO THE NEIGHBORHOOD ADVISORY COUNCIL,: Appoint two (2) regular members (one member each for Zones 3 and 4) to the Neighborhood Advisory Council for three (3) year terms ending July 31, 2013. Based upon the rotation system, the appointments will be made by Mayor McDuffie (Seat #5) and Commissioner Eliopoulos (Seat #1). Mayor McDuffie stated he wished to defer his appointment until the next regular meeting of November 2, 2010. Mr. Eliopoulos moved to appoint Suzanne Donohue (Zone 4) as a regular member to the Neighborhood Advisory Council to serve a three (3) year term ending July 31, 2013, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mayor McDuffie -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. Frankel -Yes; Mrs. Gray -Yes. Said motion passed with a 5 to 0 vote. 9_I. APPOINTMENT TO THE BOARD OF ADJUSTMENT: Appoint one (1) alternate member to the Board of Adjustment for an unexpired term ending August 31, 2011. Based upon the rotation system, the appointment will be made by Commissioner Frankel (Seat #3). Mr. Frankel moved to appoint Allen Kilik as an alternate member to the Board of Adjustment for an unexpired term ending August 31, 2011, 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. 10 10/19/10 9_J. APPOINTMENT TO THE EDUCATION BOARD: Appoint one (1) 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). Mr. Frankel moved to appoint Amanda Orndorff as a regular member to the Education Board for an unexpired term ending July 31, 2012, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mr. Fetzer -Yes; Mr. Frankel -Yes; Mrs. Gray -Yes; Mayor McDuffie -Yes; Mr. Eliopoulos -Yes. Said motion passed with a 5 to 0 vote. 9.K APPOINTMENTS TO THE POLICE ADVISORY BOARD: Appoint 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. Based upon the rotation system, the appointments will be made by Commissioner Eliopoulos (Seat #1) for one (1) regular member and Commissioner Fetzer (Seat #2) for one (1) student member. Mr. Eliopoulos moved to appoint Jennifer Morris as a regular member to the Police Advisory Board to serve an unexpired term ending July 31, 2012, 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. Mr. Fetzer moved to appoint Joseph Elisma as a student member to the Police Advisory Board to serve an unexpired term ending July 31, 2011, 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. At this point, the Commission moved to Item 11, Comments and Inquiries on Non-Agenda Items from the City Manager and the Public. 11.A. City Manager's response to prior public comments and inquiries. Robert Barcinski, Acting City Manager, had no response to prior public comments or inquiries. 11.B. From the Public. 11.B.1. Pablo Del Real, 521 Southridge Road, Delray Beach, FL 33444, stated his understanding is that Community Improvement will be scheduling discussion on potentially legalizing backyard chickens for a City Commission Workshop Meeting before the end of the year. Mr. Del Real stated this is not just about chickens but this is about urban gardening. Mr. Del Real stated the average food item in the United States travels about 1,500 miles from farm to market and the average American meal contains 11 10/19/10 five ingredients from another country. He stated the other vulnerability is with regard to economics and when we are paying strangers to produce our food we are sending money out of the community and a lot of that money does not come back. 11.B.2. Lillian Stainbaher, 2714 Florida Boulevard, Delrav Beach, FL 33483, read a brief statement into the record regarding food safety and security. 11.B.3. Clifford Wright, 3930 Lowson Boulevard, Delrav Beach, FL 33445, commented about the Auburn Trace project and thanked the City Commission for getting the report to him. Mr. Wright stated the Mentoring Program is a good program. Mr. Frankel briefly responded to Mr. Wright's comments. At this point, the time being 7:05 p.m., the Commission moved to the duly advertised Public Hearings portion of the Agenda. 10. PUBLIC HEARINGS: 10.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 (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". 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 12 10/19/10 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"; 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 LDR amendment to add Large Family Child Care Homes as a conditional use within the following zoning districts: (1) R-1 Single Family Residential, (2) RL - 13 10/19/10 Residential Low Density, (3) RM -Medium Density Residential, (4) PRD -Planned Unit Development, (5) GC -General Commercial, (6) CBD -Central Business District, (7) CBD - RC -Central Business District-Railroad Corridor, (8) RO -Residential Office, (9) OSSHAD -Old School Square Historic Arts District, and (10) MROC - Mixed Residential Office and Commercial Mr. Dorling stated this ordinance also provides some changes to the Family Day Care Homes allowing an increase from five (5) to six (6) and all these comport with State law that has recently been passed specifically HB 1045 specific to Palm Beach County. The LDR defines criteria which would regulate the Large Family Child Care Homes and those regulations would be the same as those that currently apply to the larger child care facilities and includes dedicated drop off areas, play areas, etc. At its meeting of October 5, 2010, the City Commission considered this ordinance on first reading and recommended approval at that time. Mayor McDuffie declared the public hearing open. Alice Finst, 707 Place Tavant, Delrav Beach, FL 33445, asked what created the need to do this. Mr. Dorling stated HB 1045 that said in Palm Beach County that this was to be a use that was to be established and accommodated in local zoning codes. Mrs. Finst asked if this could happen in her neighborhood. Mr. Dorling stated the R-1 category i s R-1-AB, R-1-A, R-1-AA, and R-1-AAA. He stated it would have to meet the specific regulations which in many cases cannot be accommodated in a normal single-family setting. Mr. Dorling stated a play area needs to be provided, drop-off areas need to be provided, etc. Mrs. Finst asked if there is a minimum size requirement. Mr. Dorling stated there is no minimum size requirement. Mrs. Finst expressed concern that a 1,500 square foot house could become a large family child care home. Mr. Dorling stated this could happen if it met the special criteria in the ordinance. Mrs. Finst inquired about the special criteria. Mayor McDuffie asked that staff provide Mrs. Finst with the special criteria in writing. Amanda Wallace, 3401 Avenue Villandry, Delrav Beach, FL 33445, stated there is criteria that has to be met and everyone does not meet that criteria and does not want to do large family child care. There being no one else from the public who wished to address the Commission regarding Ordinance No. 25-10, the public hearing was closed. Mr. Dorling stated currently in single family districts you are allowed to have up to five (5) which has been expanded to six (6) as a permitted use and there is no additional criteria you have to meet. In addition, Mr. Dorling stated in most of these same districts you are allowed to do a full child care facility which would be a lot greater in most cases than 12 units to the acre as a conditional use. Mr. Dorling stated what is being proposed is that you be allowed to do something in-between but as a conditional 14 10/19/10 use which would require the same kind of review and then is going to be subject to that same criteria that would be applied to larger child care facilities which are allowed as a conditional use within these districts now. Mr. Eliopoulos moved to adopt Ordinance No. 25-10 on Second Reading/Second 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.B. ORDINANCE NO. 35-10 (SECOND READING/SECOND 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". The caption of Ordinance No. 35-10 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 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. (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. 15 10/19/10 Paul Dorling AICP, Director of Planning and Zoning, stated this is to provide a consistent reference to the term pharmacies and right now in only one zoning district do we actually call out the specific use of pharmacy. Mr. Dorling stated other zoning districts call it "Medicines and Prescriptions", "Drugs and Medicine", and "Drug Store". Mr. Dorling stated staff is concerned that the exact term "Pharmacy" is only used in one district and specific regulations that the Commission just passed related to pharmacies would not apply to these other categories. Therefore, Mr. Dorling stated staff is modifying those categories to make it clear that they all are pharmacies and subject to the regulations which the Commission provided in previous ordinances as it relates to the ability to do things and not things as it relates to pill mills. At its meeting of September 20, 2010, the Planning and Zoning Board voted 7 to 0 to recommend approval and at its meeting of October 5, 2010, the City Commission considered this ordinance on first reading and recommended approval at that time. 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. Mr. Fetzer moved to adopt Ordinance No. 35-10 on Second Reading/Second Public Hearing, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. Frankel - Yes; Mrs. Gray -Yes; Mayor McDuffie -Yes. Said motion passed with a 5 to 0 vote. 10.C. ORDINANCE NO. 36-10 (SECOND READING/SECOND 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". 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.) 16 10/19/10 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, stated this adds the category of "Medical Clinics" to the LDRs which contains specific restrictions that now currently only apply to Medical Offices, and Professional and Business Offices. At its meeting of September 20, 2010, the Planning and Zoning Board considered this item and recommended approval with a 7 to 0 vote and at its meeting of October 5, 2010, the City Commission considered this ordinance on first reading and recommended approval at that time. 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. Mr. Frankel moved to adopt Ordinance No. 36-10 on Second Reading/Second Public Hearing, 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. 10.D. ORDINANCE NO. 34-10: Consider a city initiated amendment to the Land Development Regulations (LDR) Section 2.4.7(G), "Requests for Accommodation" procedures. 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 17 10/19/10 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 to clarify the procedures regarding reasonable accommodation requests. Mr. Dorling stated the current language requires notice and public hearing to receive comments from the public as it relates to reasonable accommodation requests. Mr. Dorling stated the intent of the reasonable accommodation request itself is to make sure that we do not impose an inordinate burden on persons with disabilities and since a public hearing would not be required under similar circumstances, staff recommends that this additional step be removed from the requirements. At its meeting of September 20, 2010, the Planning and Zoning Board considered this ordinance and recommended approval with a 7 to 0 vote and at its meeting of October 5, 2010, the City Commission considered this ordinance on first reading and recommended approval at that time. Mayor McDuffie declared the public hearing open. There being no one from the public who wished to address the Commission regarding Ordinance No. 34-10, the public hearing was closed. Mr. Eliopoulos moved to adopt Ordinance No. 34-10 on Second Reading/Second Public Hearing, 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. At this point, the time being 7:21 p.m., the Commission moved to Item 12, First Readings. 12. FIRST READINGS: 12.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. 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. 18 10/19/10 office.) (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 to modify and provide additional clarification to the regulations that would apply to sidewalk cafes and it will provide additional clarification as to where sidewalk cafes can locate, what businesses can utilize sidewalk cafes and will provide for minimum setbacks from vehicular travel lanes as well as outlining certain operational functions that are prohibited within the sidewalk cafe area. In summary, the ordinance clarifies that retail businesses with food sales as an accessory use are not eligible for sidewalk cafe permits; prohibits food prep, trash receptacle, and cash registers in the sidewalk cafe area; expands the area where sidewalk 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 associated with the use; 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; it also requires a two foot setback for tables and associated chairs when they are located immediately adjacent to a vehicular travel lane. Mr. Dorling stated the ordinance provides an exception that when this area is immediately adjacent to on- streetparking this minimum setback would not apply. At its meeting of September 23, 2010, the Community Redevelopment Agency recommended approval of the initial ordinance but felt the fee increase was too large and should be limited from 50% to 30%. Staff does not agree with their recommendation and therefore did not incorporate that into the ordinance. At its meeting of September 20, 2010, the Planning and Zoning Board reviewed the ordinance and recommended approval with a 7 to 0 vote with the condition 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. At its meeting of October 6, 2010, the Pineapple Grove Main Street Committee reviewed the ordinance and they expressed concern about the increase in the fee and they recommended approval and that the fee should be limited to 30%. Staff agrees with some of the proposed changes but do not agree with others and the ones staff agrees with are in the ordinance. Mr. Frankel inquired about the fee increase. Mr. Dorling stated this fee is going from $3.00 a square foot to $4.50 a square foot (a 50% increase). Mr. Frankel stated should this ordinance pass would the current sidewalk cafes be grandfathered in. Mr. Dorling stated any that have renewed they would be able to live out the term of their renewal. Mr. Dorling stated if there are some that are newly established they would be subject to a new fee or any that have not paid or that are late in that renewal they would be subject to a new fee. Mr. Frankel thanked staff for addressing the changes particularly for some of the safety things. 19 10/19/10 Mr. Eliopoulos asked if there is some way to do markers to delineate the area. Lula Butler, Director of Community Improvement, stated staff did try this at one time and it became problematic. Mrs. Butler stated staff looked at other cities to see how they do it and found that no one used the markers because the problem is anytime you want to remove the brick or put something in there it became problematic for safety reasons and restaurants change in size from time to time. Mrs. Butler stated a big issue is enforcement but staff has met with the Clean and Safe Team and they have the authority to issue civil violation notices. Mrs. Gray stated staff did a great job. Mayor McDuffie stated this is a great move in the right direction. Mr. Frankel moved to approve Ordinance No. 37-10 on FIRST Reading, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mrs. Gray - Yes; Mayor McDuffie -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. Frankel - Yes. Said motion passed with a 5 to 0 vote. At this point, the Commission moved to Item 13, Comments and Inquiries on Non-Agenda Items from the City Manager, the City Attorney, and the City Commission. 13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS. 13.A. City Manager Robert A. Barcinski, Acting City Manager, had no comments or inquiries on non-agenda items. 13.B. City Attorney The City Attorney had no comments or inquiries on non-agenda items. 13.C. City Commission 13.C.1. Mr. Fetzer Mr. Fetzer commented about the Novus Agenda (previously known as MuniAgenda) and stated he finds the change in format unusable. Mr. Fetzer stated he is not sure if it is something he needs training on and asked what can be done about this. Chevelle Nubin, City Clerk, stated previously the City did have MuniAgenda but the technical support had to be changed over to Novusolutions, Inc. which is the original maker of the software and they had an upgrade. Ms. Nubin stated staff has been working on this for approximately three weeks and noted there are some issues with the software and they are working on it. 20 10/19/10 Ms. Nubin stated staff is trying to clarify this a little better where we have the public link http://a~endas.M~yBeach.com which is what the Commission normally gets the email about on Fridays telling them how to go in and use it which is the same link for the public but what staff is trying to do now is have separate link for the City Commission called http://itweba~~BoardView. Ms. Nubin stated staff hopes to get this resolved for the Commission by this week or the early part of next. Ms. Nubin stated the page looks different so instead of being able to select "next week" or "last month" like normally now you have to always select "next month". She stated then a broad calendar range comes up for 30 days; however, once you select "next month" and then select whichever meeting it is (i.e. Regular Commission Meeting) and instead of the HTML version and the PDF appearing on the same side you have the HTML on the left and the PDF version on the right. Ms. Nubin stated once you click on that paper icon then the agenda pops open and appears the way it used to. Ms. Nubin stated staff does realize that the attachments are taking a little bit longer to open up and the IT Department and Novus is working on this and staff hopes this is resolved by the next regular meeting. 13.C.2. Mr. Eliopoulos Mr. Eliopoulos commented about Joe Safford's retirement party and stated it is always good to honor one of our employees that has given so many years of dedication to the City of Delray Beach. Secondly, Mr. Eliopoulos commented about the Delray Beach Historical Society and asked what the status is. Robert Barcinski, Acting City Manager, stated staff is hoping to bring something to the Commission for their consideration on November 2, 2010. Mr. Eliopoulos stated Florida Magazine recognized Atlantic Avenue as the Best Main Street. Mr. Eliopoulos apologized for not attending the Employee Service Awards on Friday, October 15, 2010 and stated this was a milestone for several employees. Lastly, Mr. Eliopoulos stated someone approached him and commented about how they jog very early in the morning in the city and they are amazed to see our city employees out there keeping it clean. He stated it is good to hear people are seeing how well our city is being cleaned. Mr. Barcinski stated the Clean and Safe Green Team work Wednesday- Sunday 4:30 a.m. through 12:30 p.m. cleaning up litter before the morning businesses open. 21 10/19/10 13.C.3. Mrs. Gray Mrs. Gray stated she attended the Palm Beach County Black Elected Officials Gala this weekend with Mayor McDuffie. She stated this was a fundraiser for college students and over 500 people were in attendance. Secondly, Mrs. Gray stated she attended the Rotary Fundraiser and Mayor McDuffie did a great job. She stated the place was packed and it was great to see the two cities come together for a worthy cause. Lastly, Mrs. Gray commented on the on-the job training for the Villages at Delray project (Auburn Group) and stated those 12 young men do live in our community and she has seen them working there on several occasions. Mrs. Gray stated this is such a great program and suggested that we consider it and look at it as being one of the models. 13.C.4. Mr. Frankel Mr. Frankel apologized for missing several great events Wednesday- Saturday while he was out of town and stated he will also be out of town Halloween weekend. 13.C.5. Mayor McDuffie Mayor McDuffie stated Senator Elect Maria Sachs had a meeting with him and wanted to offer her support for the city and let us know that this is still her favorite place. He stated Maria Sachs has to move her office out of town because of the new boundaries that she has. Wood. Secondly, Mayor McDuffie stated he had a very nice lunch with Bill Mayor McDuffie stated Joe Safford's retirement party was fun and noted Joe spent a great part of his life working for the City of Delray Beach. Mayor McDuffie stated hopefully the City will find someone to fill those shoes and move the City in the right direction. He stated he received a complaint from the Pines of Delray North about the cost of waste pickup and hauling issues. Mayor McDuffie stated he asked the City to put some staff members together and he called Butch Carter from Waste Management and they had a meeting with three of their Board members, and the City Manager, Lula Butler, and Mayor McDuffie. Mayor McDuffie stated they were sizing their containers for their summertime low and in the wintertime Waste Management had to come in three times a month to pickup and the third pickup was costing them a lot of money. Mayor McDuffie stated Waste Management worked it out so that they would size their pickup containers for wintertime and cut back from 3 pickups to 2 and it is going to save them 22 10/19/10 quite a bit of money. Mayor McDuffie stated it was a really good meeting and they wanted to know about mattresses, refrigerators, etc. and Mrs. Butler was kind enough to work with them on what kind of structure they needed to do that so that Waste Management would also pick that up and get that out of there as well. Mayor McDuffie commented about the Bartending Challenge at Duffy's and stated they raised nearly $5,000.00 for youth literacy. Mayor McDuffie stated he had some residents approach him about helping the City fund the Beach Master Plan by putting on a performance in town called "Delray's Got Talent". He stated this is a great idea and they are willing to support it financially and asked staff to talk to Old School Square to see if they can give the City a break on the space and whether or not the space is available at the time that they are thinking about having it. Mayor McDuffie stated he would like to invite these residents to attend a Workshop Meeting to discuss their ideas. Mayor McDuffie stated he attended the Palm Beach County Black Elected Officials Gala with Commissioner Gray and noted that the band was awesome. Mayor McDuffie stated yesterday he met with two ladies who are in the health and nutrition business who want to make Delray Beach a healthier place and they are going to meet with him every other week and teach him how to be healthy. Lastly, Mayor McDuffie announced that Murray Kalish's wife passed away. There being no further business, Mayor McDuffie declared the meeting adjourned at 7:40 p.m. City Clerk ATTEST: MAYOR 23 10/19/10 The undersigned is the City Clerk of the City of Delray Beach, Florida, and the information provided herein is the Minutes of the Regular City Commission Meeting held on October 19, 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. 24 10/19/10 IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA TWENTY-FOUR MONTH EXTENSION REQUEST FOR CONDITIONAL USE APPROVAL GRANTED TD EBENEZER WESLEYAN METHODIST CHURCH LOCATED ON THE EAST AND WEST SIDES OF SW fiT" AVENUE NORTH OF SW 2N° 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, 2Q10. 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 Pian. 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)(9) been met? Yes / No Item 9.B. 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{B}; 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 fnds 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 fisted in Exhibit "A": The City Commission hereby adopts this Order this 19th day of~ t er, 2010, by a vote of 5 in favor and 0 opposed. ~~ ~~ ATTEST: ___J . _ Chevepe Nubin City Clerk Nelson S. McDuffie, 3 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 fine and a continuous hedge 4 '/Z 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 Ttle 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. 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. Ali 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) Shal{ 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 Items 9.C. Does the waiver request to reduce the requirement for a ten foo# ('10'} sight visibility #riangle from ten feet {1Q'} to two fee# {2'), meet all of the requirements of 2.4.7(8}(5}? Yes / No 3. The City Commission has applied the Comprehensive Plan and LDR requirements in existence at the time the original development application was submitted and finds that its determinations set forth in this Order are consistent with the Comprehensive Plan. 4. The City Commission finds there is ample and competent substantial evidence to support its findings in the record submitted and 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{B}(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 5 in favor and 0 opposed. ATTEST: ~~ ~ Chevelle Nubin, City Clerk 2 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 NOVEMBER 2, 2010 REQUEST FOR SIDEWALK DEFERRAL/ 511 SOUTH OCEAN BOULEVARD ITEM BEFORE COMMISSION The item before the City Commission is the approval of a sidewalk deferral for the property at 511 South Ocean Boulevard. BACKGROUND The subject property is 0.64 acres and contains an existing single family residence. It lies within the Ocean Overlay District and is located on the east side of South Ocean Boulevard, at 511 South Ocean Boulevard, opposite the Bucida Road intersection. 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 east side of South Ocean Boulevard (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's Office 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 511 South Ocean Boulevard. Prepared By: TURN TO: R Brian Shutt, Esq, Ciry Attorney's Office 200 I~1.W. 1st Avenue Delray Beach, E[arida 33444 - AGREEMENT FOIL SIDEWALK IMPROVEMENTS THIS AGREEMENT entered into this day of , 20 ,between the City of Delray Beach (hereinafter the City) and Norbert & Sabena Reis (hereinafter the Owners}, for the purpose of waiving the requirement of the installation of a sidewalk along 511 South Ocean Boulevard until such time as the City requests the const~ction of the sidewalk by the Owner. WHEREAS, Land Development Regulation Secticin 6.1.3{C) requires the installation of a sidewalk, within the State Road AlArigM-of--way iznrnediately 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 v.f the installation of a sidewalk pursuant to Land Development Regulation Section 6.1.3{D}{l){b); and, - VV7IEREAS, in order to provide conformity along the street the City Commission voted to waive the requirement for the installation of a sidewalk until such tin:xe as the City requests the Owner construct the sidewalk. Page 1 of A 'WITNESSETFT NOW, THEREFORE, in witness of the above and in consideration o£the City agreeing to waive the requirement for the installation of a sidewalk, at this time, for the property located at: 511 S. fleea~n l3l~vd, De1raY Beach, FL Legal DcscriptiQn: Parcel 1 A tract of land in Section 21, Township 46 South, Range 43 East, more particularly described as follows: GC7MMENCING at a paint in the North line afi said Section 21 at a distance of 9633.92 feet Easterly, rr7easured along said Section line from the quarter Section earner in the North line of said Section; thence run Southerly, making an angle with said Section line, measured from West to South of 82°58'20", a distance of 599.50 feet to a point in a line parallel to and 595 feet South of measured at right angles to the North line of said Section 21, and the POINT OF BEGINNING of the tract of land herein described, said POINT OF BEGINNING being also in the East line of a road now being used by the public; thence Northerly slang the East line of said road a distance of 101 feet, mare ar less, to a paint in a line parallel to and 495 feet South of, measured at right angles to the North line of said Section 21; thence Easterly along said line parallel to and 495 feet South of the North line of said Section a distance of 270 feet, more err less, to the water's .edge of the Atlantic Ocean; thence Southerly along the water's edge of the Atlantic Ocean; a distance of 900 feet, mare or less, ~o a paint in said line parallel to, and 595 feet South of the North line of said Section; thence Westerly along said line paralle! ta, and 595 feet, South of the North line of said Section 21, a distance of 290 feet,- mare or less, to the POINT OF BEGINNING. AND Parcel 2 . :~ COMMENCE at the Southwest corner of the following described Parcel, - The South 9D0 feet of the North 595 feet of Government Lot 1 lying Eask of the Easterly _' Right-af-Way line of Ocean Bt~ulevard (State Road A-1-A) in Section 21, Township 46 South, Range 43 East, Palm Reach County, Florida. Thence North $9°32'24" East along the South line of the above described parcel, a distance of 236.97 feet; to the POINT OF BEGINNING; thence continue North 89°32'24 East, a distance of 261 feet, more or less to the shore of the Atlantic Ocean; thence North 05°06'35" East, along the waters of the Atlantic Ocean, a distance of Page 2 of 4 '~ 00.47 feet; thence South 89°32'24" West, a distance of 25~ feet, mare or less; thence South 06°59'14" West, a distance of 100.85 feet to the POINT OIL BEGCNNING, '', 1. The Owo.er agrees to construct a sidewalk, at its sole cost and expense, along the State R©ad A1.A right-of way abutting the subject property, ~+ithin 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 cuxrer~t ordinances of the Ciry 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 Falm Beach County, Florida and shalt be binding o~. the parties legal representatives, heirs, successors and assigzzs. IN WITNESS WI~REOF, the parties to this agreement set their hands and seals this day of _ _ , 20_. ATTEST: CITY OF DELRAY BEACH, FLORIDA By: City Clerl~ Approved as to forrtz and sufficiency: City Attoz~ey Mayan Page 3 of 4 WITNESSES: ~~f~- ~~ ,~~a ~~.~ {Please type ox print name) . ~~ (T'lease type ar print name) OWNER: STATE OF ~~[~~ /~ ,~ _ ~. - - COUNTY OF /~L~ -,~~~ ~ - BEFORE ME personally appeaxed ~.:~ ~-' /S wlao [is] [axe] sa~zally owakn e or [has] [have] produced [and ^~'°`~ respectiveiy~ as identification, and who executed the foregoing R instrument, and acl~nowledged before me that {he] [she] [they] executed said instru~zxzent for the pureoses expressed therein. WITNESS my hand and official seal this /~,~ day of My eozn~nission expires: ~; •y2 •~'; MY ~OIvIMISSION #t~ ©D647159 ''.~_rf ; FXPIR~S March (}5, 2fl11 (gtzrl =<>siAi53 ~~ 4~Iur~da+cr~rySa,yroa,cam agtlsidewal[c defrrai agreement (Seal) Page 4 of 4 N 511 SOUTH OCEAN BLVD. ,~~ -~- PLANN~ PARTMEN ONING AERIAL MAP ,~;;;; -- OrGITiII 84SE ANP SYSTEM -- U:\AutoC.AD\Doug Smith\511 5. Oeeon BIvd~4erial 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 NOVEMBER 2, 2010 REQUEST FOR SIDEWALK DEFERRAL/ 125 SEABREEZE AVENUE ITEM BEFORE COMMISSION The item before the City Commission is the approval of a sidewalk deferral for the property at 125 Seabreeze Avenue. BACKGROUND The subject property is 0.26 acres and contains an existing single family residence. It lies within the North Beach Overlay District and is located on the northeast corner of Basin Drive and Seabreeze Avenue at 125 Seabreeze Avenue. The property is zoned Single Family Residential (R-1-AA) and the applicant proposes to demolish an existing one-story home and construct a new single family residence with an upper level loft. 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 Seabreeze Avenue. At its meeting of September 9, 2010, the DSMG supported the sidewalk deferral. Pursuant to the agreement, the owner will construct the sidewalk along Seabreeze Avenue 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's Office and has been approved as to form. RECOMMENDATION Move approval of the agreement to defer construction of the sidewalk along Seabreeze Avenue for the property located at 125 Seabreeze Avenue. Prepared By: RETURN TO: R. Brian Shutt, Esq. City Attorney's Office 200 N.W. 1st Avenue Delray Beach, Florida 33444 AGREEMENT FOR SIDEWALK IMPROVEMENTS THIS AGREEMENT entered into this day of 20~, between the City of Delray Beach {hereinafter the City) and Mr. Daniel and Mrs. Daniels Adler (hereinafter the Owners), for the purpose of waiving the requirement of the installation of a sidewalk along 125 Seabreeze Avenue, Delray Beach, FL 33483 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 Seabreeze Avenue right-of way inunediately 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 conformity slang 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 WITNESSETH NOW, THEREFORE, in witness of the above and in consideration of the City agreeing to waive the requirement for the installation of a sidewalk, at this time, for the property located at: Address: 125 Seabreeze Avenue, Delray Beach, FL 33483 Legal: Lot 32 of Ocean Breeze estates, according to the plat thereof, as recoxded in plat book 18, page 36, of thepublicrecords of Pahn Beach County, Florida. 1. The Owner agrees to construct a sidewalk, at its sole cost and expense, along the Seabreeze Avenue right~o~ way abutting the subject property, 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 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 xecorded in the public records of Palm Beach County, Florida and shall be binding on the parties legal representatives, heirs, successors and assigns. IN WITNESS WHEREOF, the parties to this agreement set their hands and seals this day of , 20_. ATTEST: City Clerk CITY OF DELRAY BEACH, FLORIDA By: Mayor Approved as to form and sufficiency: City Attorney WITNESSES: OWNER: Page z of 3 WITNESSES: c~-~~._ ~ 9 (Pl e or print Warne) {Please type ox print Warne) STATE OF ~ ~~ ~`~~ ~~ COUNTY OF ~}~~-~-~~ OWNER: By: ' BEFORE ME personally appeared ~ ~ ~ ~ ~ ~'~` who [is] [are] personally known to me ar [has] [have] produced Flc sra a~~e ~~ ~~~ ~.i~e~~ [and respectively] as identification, and who executed the foregoing instrurr~nt, and acknowledged before me that [he] [she] [they] executed said instrument for the purposes expressed therein. WITNESS my hand and official seal this My comrr>Iission expires; ~~ ~ ~ ° ~ s~,~`,~~t ~~~~c~~ l~7TA,1;Y F'U~t_IC,, Sf~te c~€ Neyv York C?i.t~tiifi~c# ifs ~V~s]ci1~~ ~~/y°unEy ~t3(tjtrl~~c`:it~f1 ~rStlllrJ _,~~~ W~ ~~ day of ,C~!! 20 t ~ , Notary Public (signature) agt/sidervaik deferral agreement (Seal) Page 3 of 3 1~0 YNl3lPaaf ll6'MMN ~ - ~~i~~~ tta6o9aw~~a®n my ~~ 33.. ' amvrpln Artm ~ma ai ~x ~1~~~~' 0 ~a ~ ~ n 1 ~ ~ 1 I H ~ cE b' N I ~ 1 S ~1 ~ ~ ~ 15 esree~'rgv~a xva~aa ~nr~3nvae~~~d ~~i~gz ~ vs ~" lli ss~ g ~ ~ ~ ~ ~ ~ . ~ I ~ ~' ~ e€€ F K& ~~ s s~ g -~--- y~ N R ~ H N r ~ S «bb? baNp ~ al ~ st E g ~ ~ ~ ~ ~~~b ~p ~ tiE~ ~ ~ -Q R ~ a ~ ~ s ®,~ ~ ~ ~ g ~~, b b b ~ ~ ~ ~ ~ ~ ~ g a ~ ~~~~ ~ ~ 5 ~ ~o a$ @ ~ ~ ~ R sn~anr ~atieoas eD ~~1~ ~ ~_ ____-- ~ ~~- #° O~ ~ ~ i a z ~ ~s m ~ ~ ~ i I ~ S a ~`$ ~ x~ a~ ~~ ~~ ~~ ~~~ ~ ~ x ~ 3 c~ ~ ~ x G x 2 u ,} r ~ ~ ;. w Vuhl ~" ~ ~ ~~ "Mf' ~ h', x r li / ~' k n .. n~ ~ ~~ 'r. ~ ~. ~~ ,, *~_~ ~ ,~-ems- .,. ~~ ,a ;~ ,,, tom` ~r ~Y~ ~' ~, },~'~ ~ ~ t ~ ~ . 4 ;J R a ! ~1 ~ ,, i~ +;. ~ ~ rte.,. ~. ,;r; ,.,~,,' ro s ~ 1 .. i Y. .. ~ ~y ~ ., ,r ., ~ s 1 ~ ,. ~. ~. ,: ` ,' ,, ~~ +~ ~Ir+~-wM~b ,~ .„. `~~ ,< . ~~ ~ . ~. w 1' ,; ,k ~, ~~ y ~. ti f ~ >a lwi .. ,~ j k %~{, I ~'.~~f a .. ~~~ is ' ~~ "~~~ _tl- t ;'.. _ f ~ ~ ~, t` n a 1~ ~~~'r, . ~ ~ ~~/~ R "fir ``~ ~ . ~ ~' r. ~ ,i ~ r ~ 4 ~ R a „~. .~ ~ ~ 1, / { i i i a a ~ r. + ~ ~~~~; ~, y~ ,, ~,~ ~ ' ~; ~ ~~ ~ '~ ~, ti.~ ~~x. ~ r -. ' ' ~~ ik 1' i. _ ~ ~ v r «. ,i~ J i .. ~ ~ - ..~ '~~~~"~ Ill i~ ~,~ I ~V ~~ i~ ~• ,~ III ~ ~u. ~ i '; It. ~1 ~,',~' / ~~ C J ' ~ ,y~: , ~+!. ' .. t ' v.-., .. t .... ... r r N '125 SEABREEZE AVENUE ,~~ -~- PLANN~ PARTMEN ONING AERIAL MAP ,~;;;; -- DrY.YTiIt 84SE ANP SY,STE71t -- U:\Autoc.AO\Doug Sm1th\12S ssahiraaza Ava_Ae~ial 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 21, 2010 SUBJECT: AGENDA ITEM 8.C. -REGULAR COMMISSION MEETING OF NOVEMBER 2, 2010 CHANGE ORDER NO.1 (CONTRACT ADDITION)/ BRANG CONSTRUCTION, INC. ITEM BEFORE COMMISSION Consider approval of Change Order #1 (Contract Addition) to Brang Construction, Inc. in the amount of $653,303.08 and a contract extension of 62 calendar days for installation of a reclaimed water transmission and distribution system along the Martin Luther King Jr. Drive Beautification project, PN 2004-056. The reclaimed water system will provide irrigation for all the landscaping elements that will be constructed under the beautification project. BACKGROUND As design of the Martin Luther King Jr. (MLK) beautification project neared completion, irrigation required for the landscaping elements became a concern with regards to the amount, cost, and limitations due to watering restrictions. After evaluation, staff concluded that reclaimed water was an option, since portions of the beautification project fell within two areas already identified in the City's Reclaimed Master Plan, between Area's 9 (west end) and 10 (east end) which would be programmed in out years. Installation of this reclaimed water main now will provide for service to these two areas in the future in addition to irrigating the MLK Drive Beautification features. Hence, the decision was made to accelerate connection and implementation of the reclaimed system in this northwest area so that irrigation can be provided to MLK Drive Beautification project. The reclaimed system was designed separately by Kimley-Horn and Associates, the MLK Drive project engineer, so that there would be no impact on the beautification project's schedule, since contract documents were being finalized for bidding. Bid documents were revised to require the successful bidder to provide a minimum of three (3) quotes for the additional reclaimed water construction from contractors selected from the City's listing of firms currently prequalified for underground utility construction. The reclaimed work was to be awarded as a change order to the contractor awarded the MLK Drive Beautification project, thus keeping all work under the control of one contract/contractor. On August 17, 2010, City Commission approved an award to Brang Construction, Inc. (Brang) in the amount of $844,890.00 for construction of the MLK Drive Beautification project, Phase L The beautification improvements along the corridor stretch from NW 12th Ave to NE 1st Ave. Improvements include, but are not limited to, landscaping, low voltage landscape lighting, new sidewalks, decorative crosswalks, pocket parks, and new street lighting. In September 2010, Kimley-Horn and Associates completed the design of the reclaimed water transmission and distribution system along MLK Drive. In accordance with contract requirements in the MLK Drive bid award, Brang Construction solicited three quotes for this reclaimed work from contractors listed by the City as prequalified for underground utility construction. The scope of work consists of tapping the 36" reclaimed main/outfall at NW 3rd St/NW 2nd Ave and installing a 10" transmission main heading south along NW 2nd Ave to MLK Drive, and then west along MLK Drive to NW 12th Ave, with 4" stub outs at each intersecting avenue along MLK Drive for future expansions north and south. Brang obtained three quotes as follows: Intercounty Engineering $553,038 Lanzo Construction $577,915 Johnson-Davis $609,965 The lowest quote was provided by Intercounty Engineering, Inc. With bond, insurance, and general conditions mark-ups by Brang as allowed by contract, the total cost for the reclaimed water system is $626,928.97. To complete this additional scope of work, Brang is requesting 62 extra calendar days be added to their original contract time of 300 days. In addition, Brang has provided a quote to resurface the entire length of the project affected by the pipe installation (visible trench repair) in the amount of $26,374.11. Performing the overlay at the end of the project will give the pavement surface a clean look to compliment the newly installed beautification improvements. Therefore, staff recommends awarding the change order in the total amount of 653,303.08 to Brang Construction, Inc., plus adding 62 days to their contract time. FUNDING SOURCE Funding is available from account #441-5181-536-65.96, Water & Sewer FundlReclaimed Water Transmission. RECOMMENDATION Staff recommends approval of Change Order #1 to Brang Construction, Inc. in the amount of $653,303.08, plus an additional 62 calendar days to their total contract time for construction of the Reclaimed Water System for the Martin Luther King Jr. Drive Beautification project, P/N 2004-056. CITY OF DELRAY BEACH CHANGE ORDER TO ORIGINAL CONTRACT CHANGE NO. 1 (Contract Addition) PROJECT NO. 2004-056 DATE: PROJECT TITLE: Martin Luther King, Jr. Drive Beautification; Phase 1 TO CONTRACTOR: Brang Construction, Inc. YOU ARE HEREBY REQUESTED TO MAKE THE FOLLOWING CHANGES IN THE PLANS AND SPECIFICATIONS FOR THIS PROJECT AND TO PERFORM THE WORK ACCORDINGLY, SUBJECT TO ALL CONTRACT STIPULATIONS AND COVENANTS. JUSTIFICATION: Additional work required in the constriction of a reclaimed water transmission and distribution system for providing irrigation to the beautification elements to be constricted along the MLK Drive corridor, per Exhibit "A", attached. SUMMARY OF CONTRACT AMOUNT/CHANGES ORIGINAL CONTRACT AMOUNT $ 844,890.00 COST OF CONSTRUCTION CHANGES PREVIOUSLY ORDERED $ 0.00 ADJUSTED CONTRACT AMOUNT PRIOR TO THIS CHANGE ORDER $ 844,890.00 COST OF CONSTRUCTION CHANGES THIS ORDER $ 653,303.08 ADJUSTED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER $1,498,193.08 PERCENT INCREASE THIS CHANGE ORDER 77.3% TOTAL PERCENT INCREASE TO DATE 77.3% CERTIFIED STATEMENT: I hereby certify that the supporting cost data included is, in my considered opinion, accurate and that the prices quoted are fair and reasonable. Brang Construction, Inc. (Contractor to sign & seal) TO BE FILLED OUT BY DEPARTMENT INITIATING CHANGE ORDER Funding is available from account. 441-5181-536-65.96, Water & Sewer Fund/Reclaimed Water Transmission. DEPARTMENT FUNDING CERTIFIED BY DELRAY BEACH, FLORIDA by its City Commission RECOMMEND: Environmental Services APPROVED: City Attorney By: City Manager ATTEST: By: City Clerk S:AEngAdmin\Projecu~2004\2004-056 (BOX INACTIVE 2006-001)AOFFICIAUMLK ReclaimedACO 1 Brang MLK Dr Rclmd 02Nov2010.docx i ~~ ~~~~~~~~~ ~ li~`t~~~~~~~~I~~~Kt~,''~~b~l~~, i t A -~~i''~~'~.~'+~t~"xo~l~~'~~-ra (~ctca>aer~ I , ~(} I C} EXHIBITA- 1 of 13 ~ ,,r,~ ~~~}} ~'~ ; ~lJ7PV'~~~/l~ ~~"~/,~fll' ~~lCr~~/~ r~ ".~tf City of T~elray Beach. ~I34 S. ~~,rir~tor~ ~.ver~t~e De1r°ay Beach, I~L. ~344~I r"~tter~tiorl: I~:afael F3crllestcro, T~cl~~~ty tI~ir•ectar° at'Cat~str°uctio~l Ike; ILIA Water° Reuse Main Pra~asal l~eaw~ Rafael: Pursuant tc~ tl~e General ~"ar~clta-~s ~~-29 t17~•arr~l~ ~C:-3I please see tltie xrttaclreci slar•caci sl~ect t~real~~c~awr~~, ,~ener•aI contr~actar exPer~u~es, ar~el sribcor~tt•actar• l~roPasal ~aek ul~~ far the 1VILt~ r•err~e water° 1~~air~ ~~~ark r'eclrreste~l. e l~<rve ~~evic~veci tl~e scal~c oftvarlc ire detail ~vitli each aftl~e srrlacar~tx°actor° allowir~t; ther7i to cla~°ify a1~el w~~al~c cor•M°cctior7s ~~ ruecessary. l~~tercar~nty L~7g~i~~eer°i~~~ price is the 1~~~ast corr~l~etitve a~icl eve k~a''r+e l~ase~l tl~c natal east l~ral~osal ors their ~ci. Brar~I; revie~veci tl~~e scogae cif war•l~ i~~ detail with. cacti of tlfe l~iclder°s a~~~l also reviewed the tir~~e >°eeluir°ecl to cor~~}~letc tl~e w+~r•k. The it~stallatiot~ of tl7e reuse water o~~air~ carp lac st~l~slar•rtially co1~71~1ete ia~ al~~roxir~~ately 9f~ c:faler~clar clays, exeltNrii~~I; ar~y rir~foreseen cat7cliliorts, It will lie I~e7ssil~le to o~erl{rl~ file or•i~nal ear~tract scoQ~e ar3~cl tl~e ~•er~se water r~~~aii~ ir~stall~tiaa~, tl~rer•e~'ar"~~ rtXCrrrtl~s (~~ calerrclar ~~y~s~ r»urst l~~e adc;tec~ to tlxe cr~^e~•all seliecltrle tc~ acccrri~n~ac[rrte ttll~s tivut•Iz scut~e rrtcr the +~r•i~itral cc~rrtr^~ct. 'M"lr~e fatal tar°ice fu~• ttas ~~rad•k is lira the ~lvr~a~urt rrf tti2fi,~2~3,9 If ctesirecl, 117a~~e att~rchecl an acir1itior~al l~rol~ossrl frakro~ 19zarQlc°ives lnc, to I~er•farr7~ tl~e ~~~illia~I; of existii~,~ asl~l~alt, I~roar~~ elea~i asl~k~alt, al~la4ic~rkiar~ of a tack.. cast, irr~rcl lave with. a 1"type S-111 asl~l~-alt overlay alarq~; the roadway tre~~cl~ a~el~~Nir°. Tlye total arY~oru~t of this work ilzclu~iir~~, l~orrcl ai~cl ir~srar•ar~ce is ire tl~e a~rtla~~arrt of ~~fi,~37~~4.9.1. 'Very. trrriy yours, 4 `~~ ~ ~~ .T<~L~Les Z~. 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'~ _.~ ~ ~ L ] ~ .C~ ~ e1 .C O' ~ .G~ t0 4'Y ~ ~.. ~ ~ ~ ~ ~ ~ ~ O ~ ~ ~ "~ ~ ~J' ~' 3' ~ ;3 ~ i" ~ ~ ~ U7 ~ ~ ~ '~ ., ~ L{5 ~ m ~ ~ }- ~ d? `~ ~ ' Q ~ ~ N CCy Cl:l ~ tt[[~~ ~ ~1` EXHIBITA- 11 of 13 ~~~t {~3,~~1fl~~i~~af20~~~~1Ro~lfil 1 I f ~~~ iilrix~t Ai~r~oi~l~.l~~':X~~~f etober 15, 241 . ,` r r ;:~w, ~; ';/ ~~ -~,~~. nt~r+~-or~aty 1t~±~,iL~erin~ lxrc. t ~ ~ ' Ta All 13ddars~ Please cottfxrr1~ that. the f"ollow,imr work seop~a iar tlra 1'~Iaasurernarat 1'aymcr-t spa+o;if°rcations is etlaar iucludad or rant includ'ad in y~r,~ proposal. l'laasa faxlarnail ccrmplated farms to our +~f~ca by 3:QLlprn today: Ivlaasurernent ~ Pa ant Soon ~ l~eseri titan lueluded Eacalxtded 3.42- ~~ "acanstr~aotion and rermoval capternporrrry access drive rays to ______. husiuaesses and/or residential properties, cCarr~mercial material for rlriva~~ra 3.43 A- "providing ~ teauporary asphalt concrete patch arrrtil replaced with parxuarrent overlay: Permanent overlay is als+a included in thus pay itatxx." / l~arrnartent 4vaxla~r is ,2.5"' thick. ry~+"' 13- "film raplaceraa.ant base shall tae a minirnurra of l6" thick. Refer to Typical Pavement Ra aix Lletnil on Drawin s." 3»41l B 3.49! ]R- "supporting poles, maintaining rrr~r~atiora systarn ix opaz~atron and restoring to crrigiYral c+andrtzor~, earl, driveway restoration (all malarial type}, r~a~rrastallin mail boas, erosion rot~tio landsca ere lacament..." 3.11 3,1,4- °`Thas rracludas ~i~"~ryshrng and rrlstalhng concrete f'CMr reclaimed water main valve boxes (br~x lids will be purple iua color} complete ,,~/~ with. identif°icatioru disc.' 3.16 3.1.7 A- `"iaxclodin~ sidewalk raplarr~arrt, driveway replacetnarat, erosion protection, sCadding, irrigation reprlir and all ether restoration as a result osarvica connection installatio>ra" . )3- "This Mena. uacludes alll sur~ce restoration recloired for the reclaimed water serwrica a,ssemlaly installation iricludin sod and landsca in ,'~ 3.21.A.- "Contractor shall submit updated A~s~$uilt Record Drawings with. each " Pa A 1aeatxa;n l~ ..,oast, All. tern or ureter meters ~ water fees re aired tr7 arfor~rn. sca a of work. x.11 SL1T+J'ay ractuirad for tlira ant-tre reuse water rTlaln S~o~e Cif` wr~rk U I~ c~a,~i~arasl ., ~~~.~ ~~ w ~,,, 3~4 ~~k 1r~1+~ a~ ~~„~ota, ~l~rid~ 33~3~ ~ 561~3~4®39~t~ ~ ~~x ~~'i~3~g~9~~ ~. ~rarr~rc~rasfructrorr, cam M O N Q H m 2 X w ~ U r ~ ~ ~ M 0 0 ~ ~ ~ M Z ~ W 47 0 0 N t O i O ~ H ~ N ~ ~ ~ M ~ ^ N EPr ~p m m ~ ~ J m H ~ 0 ~ H O 00 00 N ~ ~ W ~ ~ ~ p ^ H ~ M W _ W ~ ~ ~ ~ ~ N . Efl ~ Q O O O O O r ~ ~ ~ ~ ~ Y L ~ O C G ~ ~ ~ ~ ~ ~ ~ Efl Efl Efl Efl Efl O V L ~ y H C O U c L m .~ Z J J J J J r r r r r ~ W ~ ~ a 2 U J o a z = N y a ~ ~ a o ° ~ ~ ~ ~ C~ ~- ~ L c O a ~ Y ~+? 3 v ~ y J ~ > ' L ~ ~ ~ L Q V L ~ N 'C E J H ~ O ^ 2 u~ 0 0 U t7 ~ N M ~ 47 <p OCT-28-2010 16:45 FROM:HARDRIVES~INC. 5612782147 70:93683188 P:1 EXHIBIT A - 13 of 13 C DF21VENrAY$ Q F'ARK1N(, AR6A$ Q STREETS p GRApfiVC, Q ROCtC d; FII.,I-Q COiV~RE'rE WC14264 r~ '~' ,"t]Q1 $pUTFt CQNGR$$$ AVENI,lE ,i. _. p~(„RAY BEA[kl', FI-QR14A $~44~-7$Q$ ~'o: Brand Construction, Inc. AttBrttipn~ J2mes Fedele 430Q Qak rrircle Boca Raton, FI~ X3431 PtibNQ $$1-.276.0456 FAX 581-278°2147 Qctober 14, 2010 phone: (561) 3683180 EAX. (561) 368-3188 Name of Project: MLK give. improvements Reclaimed Water Main ~ocatlon: Delray Beach, FL Plans and Spetifocations: As Descril~t! ~eipw WE PROPCS~ TO FCfRNISH ALL LA80R, MATERIAL AND EQUIPMENT TO PERFORM THE FOI.LOWMG: dverlay Existing Asphalt (3,655 Slr7 WORK 17'EMS~ Mill 7" df existing asphalt surface at tfB-irr areas 8roam c-ean asphalt /Apply a tack chat (bonding agent) Pave with 7° Type 5-111 plant mlx hot asphattlClean up job site cQ $6.70/SY $ 24,4$$.50 nror~: + Existing cracks with vegetation growing should be prepared with 8 caged killersuch as "i7ound Up° forseveral freatments before we arrive on the jCrb, + f~ormit and associated fees are the cbllgAtion of the customer. • All material and warkmanshlp is warranted fnr one ye8r frprn the dale of invoice. + l.argf6 cracks in the existing asphalt may reflect through fhe new asphalt in time. + tau® t© the uncertainty of the liquid index fvr asphalt, ourprices maybe subject to rs»negotiation upon more than 5% movoment irr the liquid price. The frquid asphalt price wJ1I be beset'! on the current FD07' Index. Paces ire v~d6~ for 30 days. ACC~O~TEI] BY; HAR®RIYES, INS. ~~ (~u~(f~~l~r TITLE Eric Wiilenherg, proj anager aA7fW; HARORfl7git GARNQ 4tuiYnH OR RkeupNBIiYLL - ROCK ans8 Y11O(iK OON8TRl1CI`24 PY 01Tt£tta: Pa,.r alwhrp and td .tart. w111 danrepa ayftrtl. thq Gaanbl be halo +ea~enel6le nrter oomplatbn d th* py,rt. ~~ ane weerts vAa -iow thfaugn aaphaa. fie ~irW <rf' Iheee la the tetsPert7ibltltY or tee oMner b tM property. Bny~ft alpneG aaoaptanoe w1U m~lhae a dMUq pxHivr,1- In tfb event !!rote Is my ae(aua In paymanea du• unfbY ttna Wtrtract antl the swne K paaoa fn tM hands nr xn >dhn+e, Ier wlledlm. the putct~aser ansrw puttltlaMn apron ro tMW aN ~ff1 a ~net7wn, htc7tWl[ta a teamnanio mamey'a lac, hvp ~~~~~~ 0 0 ~. 0 E 0 0 0 0 N 0 c c 0 0 U 7 d O I / N O 3 Y J a 0 0 0 0 wN H U Q Z 0 c 5~ PROJECT ~ LOCATION ~~~~~~~~ CITY of DELRAY BEACH MLK DR. BEAUTIFICATION RECL. DATE:O6/08/2010 cy ENVIRONMENTAL SERVICES DEPARTMENT ®®~ 434 eouni SWNiON AVENUE, DELRAY BEACH, RaranA s344a WATER SYSTEM LOCATION MAP FILENAME 2004-056 1 of 1 MEMORANDUM TO: Mayor and City Commissioners FROM: Paul Dorling, AICP Director of Planning and Zoning THROUGH: City Manager DATE: October 27, 2010 SUBJECT: AGENDA ITEM 8.D. -REGULAR COMMISSION MEETING OF NOVEMBER 2, 2010 RESOLUTION N0.64-10 ITEM BEFORE COMMISSION The item before the City Commission is Resolution 64-10 supporting the Florida Department of Transportation's South Florida East Coast Corridor (SFECC) project from Jupiter to Miami. BACKGROUND The City of Delray Beach has long supported the initiative to reestablish passenger rail service in the FEC corridor. The City passed a related Resolution (19-09) in Apri121, 2009 which supported the State of Florida's inclusion of the intercity FEC Corridor Project (Jacksonville/Miami) as part of its Federal economic stimulus request. The City has continually participated in the public meetings during Phase 1 and 2 implementation of the SFECC study and agrees with the proposed two transit stops within the City of Delray Beach. The stations include a downtown station and a regional station in the vicinity of Linton Boulevard. The SFECC study is nearing the end of Phase 2, with an anticipated transmittal to the Federal Transit Administration later this year. As part of the transmittal package, FDOT is seeking resolutions of support from local governments to indicate awareness and support along the corridor. The City's (CRA) Community Redevelopment Agency considered and passed a similar Resolution (2010-15) at their October 21, 2010 meeting (copy attached). RECOMMENDATION Approve the Resolution 64-10. RESOLUTION NO. 64-10 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, EXPRESSING SUPPORT FOR THE FLORIDA DEPARTMENT OF TRANSPORTATION' S SOUTH FLORIDA EAST COAST CORRIDOR PROJECT FROM JUPITER TO MIAMI AND ITS AFFILIATED REGIONAL AND COUNTY TRANSPORTATION AGENCIES; ACKNOWLEDGING POTENTIAL STATION LOCATIONS; ACKNOWLEDGING THE CITY'S COMMITMENT TO THE PROJECT TO ENHANCE MOBILITY IN THE SOUTHEAST FLORIDA REGION; PROVIDING AN EFFECTIVE DATE. WHEREAS, the FEC Railway corridor was historically operated as a passenger rail line along Florida's east coast, traversing the Southeast Florida Region; and WHEREAS, cities along Florida's east coast historically developed around train stations along the FEC railroad: and WHEREAS, modern cities along Florida's east coast are currently implementing programs to redevelop historic downtowns built around train stations; and WHEREAS, the public policy Eastward Ho!, developed by the Governor's Commission for a Sustainable South Florida, provides guidance for improving quality of life and managing growth including the redevelopment of eastern Miami-Dade, Broward, and Palm Beach Counties; and WHEREAS, improved mobility is highly desired in the Southeast Florida Region and throughout the State of Florida; and WHEREAS, transit, including rail transit, is a key component of improved mobility, especially between cities and throughout the Southeast Florida Region; and WHEREAS, the reintroduction of passenger service along Florida's east coast would provide near-term jobs and economic stimulus for Florida's residents and businesses; and WHEREAS, the reduction of Vehicle Miles Traveled (VMT) and changes to the distribution of trips by transportation mode would reduce fuel consumption and the amounts of pollutants emitted in the Southeast Florida Region; and WHEREAS, an integrated system of transit services is needed for existing and future travel markets including long-distance travel served by the SFRC Tri-Rail Commuter Rail System, moderate-distance travel served by transit in the eastern FEC Railway Corridor, and local travel in the urban centers by local circulator services; WHEREAS, the FEC Railway Corridor right-of--way represents a unique and strategic transportation corridor that provides vital freight and transportation rail services to and from South Florida; and WHEREAS, the 2006 Florida Rail Plan identifies passenger transit along the FEC Railway corridor as a potential "Coastal Route" for new passenger rail service in the State of Florida; and WHEREAS, the 2008 SFRTA Strategic Regional Transit Plan, outlined transit corridor expansion alternatives including the FEC Railway Corridor; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. Working with the Florida Department of Transportation, local governments, and other appropriate public agencies, aLocally-Preferred Alternative will be recommended to the Boards of the southeast Florida Metropolitan Planning Organizations (MPOs), the South East Florida Transportation Council (SEFTC), and the Governing Board of the South Florida Regional Transportation Authority (SFRTA) for endorsement/adoption. Section 2. The City of Delray Beach agrees with the proposed transit station locations, as identified through a collaborative, public process in Phase 2 of this Study, particularly as they pertain to this jurisdiction, as appropriate. Section 3. Working with the Florida Department of Transportation and other appropriate agencies, the City of Delray Beach agrees to support complementary land use policies, land development regulations, and economic development activities consistent with the Federal Transit Administration New Starts Development Process. Section 4. The FDOT, on behalf of all state stakeholders is encouraged to actively pursue obtaining shared access to the current FEC Railway Corridor with the purposes of reintroducing passenger transit services within the FEC Railway Corridor. Section 5. The City Clerk is hereby authorized to forward a copy of this resolution to all appropriate public agencies including County commissions and officials involved in regional transit planning, the SFRTA and its membership, the Florida League of Cities, the Florida Association of Counties, local governments, and Chambers of Commerce within the South Florida area, CSX Transportation, Flagler Development Group, Florida East Coast Railway, L.L.C, and aviation and sea port agency officials. Section 6. That this Resolution shall be in full force and effect immediately upon its adoption. 2 Res No. 64-10 PASSED AND ADOPTED this 2"d day of November, 2010. MAYOR ATTEST: City Clerk Res No. 64-10 ~~ RESaI,uTION No. 1 ~-a~ '? A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, SUPPORTCNG THE TREASURE COAST REGIONAL PLANNING COUNCIL REPRESENTING THE LOCAL GOVERNMENTS OF INDIAN RIVER, MARTIN, PALM BEACH, AND ST. LUCIE COUNTIES, FLORIDA REQUESTING THE ASSISTANCE OF GOVERNOR CRIST AND FLORIDA DEPARTMENT OF TRANSPORTATION SECRETARY i KOPELOUS05 TO PRIORITIZE THE 1NTERCITY RAIL COMPONENT OF THE FEC CORRIDOR PROJECTS (FROM JACKSONVILLE TO MIAMI) AS ~~ PART OF THE FEDERAL .ECONOMIC STIMULUS PACKAGE FOR THE ` STATE OF FLORIDA; PROVIDING AN EFFECTIVE DA`I'S. WHEREAS, the FEC corridor was historically operated as a passenger rail line along Florida's east coast, #raversing or providing rail connections to urban areas like Delray Beach; and WHEREAS, cities along Florida's east coast historically developed around train stations along khe FEC railroad; and WHEREAS, local governments and the private sector along Florida's east arc currently implementing programs to redevelop historic downtowns built around train stations; and WHEREAS, improved mobility is highly desired i,n Defray Beach and throughout the State of Florida; and WHEREAS, transit, including rail transit, is a key component of improved mobility, especially between cities and throughout Florida's east coast; and WHEREAS, the 2006 Florida Rail Plan identifies passengers transit along the FEC corridor as a potential "Coastal Route" .for new passenger rail service in the State of Florida; and j WHEREAS, Amtrak is well suited to provide passenger rail service along Florida's east coast; and E~ ~' WHEREAS, the reintroduction of Amtrak service along Florida's east coast would provide near-term jobs and economic stimulus for Florida's residents amid businesses; and WHEREAS, the Federal Government is seeking appropriate projects for inclusion in the E~ Federal economic stimulus package to provide immediate and near term job opportunities for projects; and ~, I; _ _., .. T.~_. WHEREAS, the Intercity FEC Corridor Project (JacksonvillelMiami} is an appropriate project for inclusion by the State of Florida in the American Recovery and Reinvestment Plan; and i 'i WHEREAS former work by Amtrak and FDOT includes plans far the improvements necessary to initiate Amtrak service on the FEC core-idor; ~ i NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. The City of Delray Beach requests the assistance of Governor Crist and FDOT Secretary Stephanie C. Kopelousos to prioritize the AmtraklFEC Corridor.Project (from Jacksonville to Miami) as pant of the Federal economic stimulus package .for the State of Florida, Section 2. The City Clerk is hereby directed to send a copy of this Resolution to Florida Governor Charlie Crist, Secretary of the Florida Department of Transportation and Treasure Coast Regional Planning Council. Section 3. This resolution shall take effect immediately upon its adoption. PASSED AN~ ADOPTED by the City of Delray Beach City Commission at the regular meeting assembled this ~ day of ,~~-4 _~ , 2049. MAYOR 2 xis. gyro. €9.a9 ,~; A RESOLUTION OF THE DELRAY BEACH, FLORIDA COMMUNITY REDEVELOPMENT AGENCY (CRA) EXPRESSING SUPPORT FOR TIIE ILORIDA DEPARTMENT OF TRANSPORTATION'S FEC CORRIDOR PROJECT FROM NPITER TO MIAMI} AND ITS AFFILIATED REGIONAL AND COUNTY- TRANSPORTATION AGENCIES; ACKNOWLEDGING POTENTIAL STATION LOCATIONS; ACKNOWLEDGING THE DELRAY BEACH CRA'S COMMITMENT TO THE PRO.IEC'I' TO ENHANCE MOBILITY IN THE SOUTHEAST FLORIDA REGION. WHEREAS the TEC Railway corridor was historically operated as a passenger rail line along Flori.da's east coast, traversing the Southeast Florida Region; aild WHEREAS, cities along Florida's east coast historically developed around train stations along the FEC railroad: and WIIEREAS, modern cities along Florida's east coast are currently implementing programs to redevelop histaria downtowns built around train stations; and WHEREAS, the public policy Eastward Ho!, developed by the Governor's Commission for a Sustainable South Florida, provides guida~ice for imipra~ing quality of life and managing growth. including the redevelopment o£eastern Miami-Dade, Broward, and Palm Beach Counties; and WHEREAS, improved mobility is highly desired in the Southeast Florida Region and. throughout the State of Florida; and WHEREAS, transit, including rail transit, is a lcey component of improved mobility, especially betwcen cities and throughout the Southeast Florida Region; and V+1II.EREAS, the reintroduction of passenger service along Florida's east coast would provide near-term jobs and economic stimulus for Florida's residents and businesses;. and WHEREAS, the reduction. of Vehicle Miles Traveled (VMT} and changes to the distribution of trips by transportation mode would reduce fuel. consumption and the amounts of pollutants emitted in the Southeast Florida Region; and WHEREAS, an integrated system of transit services is needed for existing and future travel markets including long-distance travel served by the SFRC/Tri-Rail Commuter Rail System, moderate-distance travel served by transit in the eastern FEC Railway Garridor, and local travel in the urban centers by local circulator services; WI°IEI~EAS, the FEC Railway Corridor right-of way represents a unique and strategic transportation corridor that provides vital freight and transportation rail services to and from South Florida; and WHEREAS, the 2Q06 Florida Rail Plan identifies passenger transit along the FEC Railway corridor as a potential "Coastal Route" for new passenger rail service in the State of Flarida, and WHEREAS, the 2d0$ SFRTA Strategic I~.egional Translt Plan, outlined transit eorr~dar expansion alternatives including the FEC Railway Corridor; and NOW, THEREFORE, BE IT RESOLVED BY THI DELR.AY BEACI~ CRA: SECTION 1. Working with the Flarida Department of Transportation, local governments, and other appropriate public agencies, a Locally-Preferred Alternative will be recommended to the Boards of the southeast Florida Metropolitan Planning Organizations {MPOs), the South East Florida Transportation Council {SEFTC), anal the Governing Board of the South Florida Regional Transportation Authority {SFRTA) for endorsementfadaptian. SECTTON 2. The Delray Beach CRA agrees with the proposed transit station locations, as identified through a collaborative, public process in Phase 2 of this Study, particularly as they pertain to this jurisdiction, as appropriate. SECTION 3. Working with the Florida Department of Transportation and other appropriate agencies, the T3elray Beach CRA agrees to support complementary land use policies, land development regulations, and economic development activities consistent with the Federal Transit Administration New Starts Development Process. SECTION 4. The FDOT, on behalf of all state stakeholders is encouraged to actively pursue obtaining shared access to the current FEC Railway Corridor with the purposes of reintroducing passenger transit services within the FEC Railway Corridor. SECTION 5. The CRA Secretary is hereby authorized to forward a copy of this resolution to all appropriate public agencies including County coxnxziissions and officials involved in regional transit planning, the SFRTA and its membership, the Florida League of Cities, the Florida Association of Counties, local governments, and Chambers of CamYnerce within the South Flarida area, CSX Transportation, Flagler Development. Group, Florida East Coast Railway, L.L.C, and aviation and sea port agency officials. The Chair thereupon declared the Resolution duly passed anal adopted on the 21st day of October, 2U10. Atfest: 4 ~~ .,.~-.. Howard Lewis, haix Din olonna, Executive Director MEMORANDUM TO: Mayor and City Commissioners FROM: Anthony W. Strianese, Chief of Police Cerina Anderson, Program Manager THROUGH: David T. Harden, City Manager DATE: October 15, 2010 SUBJECT: AGENDA ITEM 8.E. -REGULAR COMMISSION MEETING OF NOVEMBER 2, 2010 FOURTH AMENDMENT TO THE INTERLOCAL AGREEMENT /PALM BEACH COUNTY AND THE CITY OF DELRAY BEACH ITEM BEFORE COMMISSION The item before Commission is consideration of the fourth amendment to the Interlocal Agreement between the City and Palm Beach County in the amount of $98,897.00 supporting Weed and Seed "seeding" efforts. BACKGROUND The additional funding comes via ARRA stimulus dollars through FDLE and the PBC Criminal Justice Commission. The PBC Criminal Justice Commission has previously provided funding for the City of Delray Beach Coalition for Community Renewal (CCR)/Weed & Seed initiatives. To date, the PBC Criminal Justice Commission has contributed in excess of $350,000.00 for community efforts within the Weed & Seed target area. Acceptance of this funding will sustain services outlined in the Scope of Service (Exhibit A, attached) through March 31, 2011, retroactive back to Oct. 1, 2009. FUNDING SOURCE Funding for the Fourth Amendment to the Interlocal Agreement is provided to the City through the PBC Criminal Justice Commision. RECOMMENDATION Coaltion for Community RenewaUWeed & Seed staff recommend approval of the Amendment as written. FOURTH AMENDMENT TO INTERLOCAL AGREEMENT THIS FOURTH AMENDMENT, dated this 1St day of October, 2010, to the Agreement (R2005-2433) of December 20, 2005, by and between PALM BEACH COUNTY, a political subdivision of the State of Florida, hereinafter referred to as COUNTY, and the City of Delray Beach, a municipality located in Palm Beach County, Florida, hereinafter referred to as CITY. WITNESSETH: WHEREAS, the parties have entered into the Agreement of December 20, 2005 under which the CITY agrees to provide "seeding" efforts, as more specifically set forth in the Scope of Work as detailed in "Exhibit A" of said agreement and in accordance with the resident-driven strategic plan. WHEREAS, the COUNTY has agreed to provide support to the Delray Beach Weed and Seed "seeding" efforts which shall be located under the direction and in the office of the City Manager; and WHEREAS, the parties mutually desire to extend the Agreement for an additional time period, until March 31, 2011 and increase the dollar amount of the agreement by an additional $98,897; and WHEREAS, the COUNTY agrees to reimburse the CITY from the Florida Department of Law Enforcement, Recovery Act Edward Byrne Memorial Justice Assistance Grant. NOW, THEREFORE, in consideration of the mutual covenants expressed herein, the COUNTY and CITY agree as follows: The term of the Agreement is amended to provide that the Agreement shall continue until March 31, 2011. 2. The CITY agrees to provide additional support to the Delray Beach Weed and Seed "seeding" efforts as more specifically set forth in the Scope of Work as detailed in "Exhibit A" and attached hereto; and 3. Subject to the receipt of the applicable funding, the total amount to be paid by the COUNTY for the additional services for the period October 1, 2009 through March 31, 2011 under this Fourth Amendment shall not exceed Ninety-Eight Thousand Eight Hundred Ninety Seven Dollars ($98,897) from the COUNTY'S Florida Department of Law Enforcement, Recovery Act Edward Byrne Memorial Justice Assistance Grant in accordance with the budget detailed in "Exhibit B" and attached hereto. 4. Based on the funding, the COUNTY's entire financial obligation shall be $98,897 for the period October 1, 2009 -March 31, 2011. 5. The CITY agrees to provide, in writing, to the COUNTY written monthly progress/activities reports of the CITY's Weed and Seed "seeding" efforts. 6. The CITY and the COUNTY shall designate one person from each organization to meet on a monthly basis to evaluate the progress of the Weed and Seed initiative. If for any reason, the COUNTY is not satisfied with the progress of the Weed and Seed initiative, the CITY agrees to resolve the progresslperformance issue(s) within thirty (30} days of the date of such written notice by the COUNTY to the CITY. 7. The CITY shall bill the COUNTY on a monthly basis at the end of each month for .eligible expenses. Alf requests for payment of expenses eligible for reimbursement under the terms of this Agreement shall include copies of payroll registers, paid receipts, copies of checks, invoices andlor other documentation acceptable to the Palm Beach County Clerk & Comptroller Finance Division. Invoices to the COUNTY shall include a reference to this Agreement, identify the project and identify the amount due and payable to the CITY. Invoices received from the CITY will be reviewed and approved by the COUNTY's CJC Executive Director, indicating that expenditure has been made in conformity with this Agreement and then will be sent to the Palm Beach County Clerk & Comptroller Finance Division. 8. Notwithstanding the foregoing, the parties agree to act in good faith in resolving any disputes as it relates to the CITY's Weed and Seed "seeding" efforts. 9. Pursuant to Ordinance No.2009-049, Palm Beach County has established the Office of the Inspector General, which is authorized and empowered to review past, present and proposed County contracts, transactions, accounts and records. All contractors and parties doing business with the County and receiving County funds shall fully cooperate 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 contractor, its officers, agents, employees, and lobbyist in order to ensure compliance with contract specifications and to detect waste, corruption and fraud. All other provisions of said Agreement are hereby confirmed, and except as provided herein are not otherwise altered or amended. All the terms and conditions of the Agreement of December 20, 2005 as amended are hereby confirmed and remain in full force and effect. In accordance with Palm Beach County Code, Chapter 2, Article III, Section 2.51., this Fourth Amendment shall not take effect until executed by the CITY and COUNTY. 2 1N WITNESS WHEREOF, the Board of County Commissioners of Palm Beach County, Flarida has made and executed this nth Amendment on behalf of the COt1NTY and CITY has hereunto set its hand the day and year al7ove written. ATTEST: SHARON R. BOCK, Clerk & Cornptro[ler By: Deputy Clerk Date: CITY: Delray Beach, FL By: Mayor Date: APPROVED AS TO FORM AND LEGAL SUFFICIENCY By: County Attorney Date: PALM BEACH COUNTY BOARD OF COUNTY COMMISSIONERS: By: Burt Aaronson, Chair Date: Witnesses: APPROVED AS TO TERMS AND CONDITIONS By: Villilllliil ai El~Llt;•+ LVIFIIIIIS.~,IV11 Executive Director Date: C i'~j ©ate: f~, 3 Exhibit A City of Delray Beach 2004 - 2010 Budget Projections Gulfstream Goodwiil Industries 44,160 Offender Re-entry salaries and offender services Deiray Youth Voeationaf Charter School 15,000 95 of salaries for two Social Workers Children Learning After School Sessions 15,000 After Schaoi tutorial enrichment and activities Youth Sports Camp 2,000 Drug Education for Youth 3,000 Character and Leaders hip building actvities Youth Anti -Gang Conference /Youth Summi t 7,660 Carver Kids of Character 2,000 Martial Arts Program Travel and Training Training far PD staff and CCR personnel 6,923 Preventing Crime in the Black Community $3,740 Regional/Statewide meetings for technical training X3,183 Office Equi pement 3,154.00 Office furniture for CCR Program Manager Total 48,847 Exhibit A CITY OF DEl_RAY BEACH Coalition for Community Renewal 1 Weed and Seed Scope of Work Total Budget $98,897 Gulfstream Goodwill Industries, Inc. $44,160 Offender Re-Entry ($44,160) for 100 ex-offenders One unit =one ex-offender Unit Cost - $441.160 100 units x $441.60 = $44,160 Types of Services provided will be: Temporary housing (rent), Peer Support Group Facilitation, Substance Abuse Counseling, Life Skills Training. Drug Education #or Youth (DEFY) $3,000.00 to provide drug education for community youth. DEFY is a joint ..project of the Department of Justice and Department of Navy's Demand Reduction Task Force staff; DEFY deters of risk behavior for drug abuse, gangs, risky behavior by teaching goal setting, conflict resolution and decision making. DEFY targets this age group as we are trying to make an impact before the middle school years. This is a weeklong camp which commences at 8:OOam, ending at 5:OOpm. Law enforcement ofFcers will provide mentoring and educational enrichment. The officers are volunteers. Educational and informative trips will be offered daily. There is no cost for five law enforcement chaperones included; these officers volunteer their time to mentor youth. Types of services: Mentoring, conflict resolution, decision making educational enrichment classes One unit =one hour, $6.61 for one hour far 5 participants x seven days $6,61 x 8 hours approximately 5 participants x seven days $3,000.00 Delray Beach Vocational Charter School $15,000. This is a charter school teaching dropouts and previous juvenile criminals automotive and other skills to become gainfully employed and remain -crime free. The funds will pay for individual and group counseling sessions for racial and emotional problems associated with life transitions, abuse, and psychological damage. Unit=1 hour Unit Cost=$31.25 480 units x $31.25=$15,000 Children Learning After School Sessions (C.L.A.S.S.) - $15,000 This is anon-profit after Schoo! and summer tutoring program for students in grades K-12. A large portion of #hese students has identified learning disabili#ies or deficits. Hours are 2:30 pm to 6:30 pm during school year .and 8:00 am - 5:00 pm in the summer. The funds provide tutors, snacks, equipment, meals, educational materials, and rent. Program is not funded by the school district. Types of Services: FCAT preparation, after school and summer tutoring for community youth. Unit =1 hour Unit cast $13.00 1,153.84 units x $31.25 = $15,000 Exhibit A Youth Anti-Gang Conference = $7,660 Community Events Anti Gang Crime Prevention Event- is held at a local high school funds will purchase educational preparation materials, handouts, awards, certificates, notebooks, pens, backpacks for all participants. Conference is hosted by Delray Beach Police Department from gam - 5:00 pm for children ages 5 - 18. Violence Prevention, conflict resolution, goal setting and decision making is offered in this one day program. The DARE program of evidence based prevention will be offered. This is an educational preparation to start the new school year. Types of Services: Mentoring, Conflict Resolution, decision making and anti-gang presentations. Program Expenses • Printing costs $150.00 (signage and program theme material) • Educational materials $1,679.70 • Books, notebooks, pens 1 pencils $200.00 • Program Certificates $100.00 • Drawstring bags I Backpacks $3,707,00 • Lunch for 1200 youth $1,823.30 Carver Kids of Character Safe Haven Program $2,000 The Carver Kids of Character program is designed to promote a drug free and violence free lifestyle for youthful residents in the city of Delray Beach. The program which once catered only to youth residing in Auburn Trace and Garver Estates (section-8 housing) is the brainchild of two Delray Beach community- policing officers who offer activities designed to build relationships with positive role models. Currently, the program offers free, weekly Karate lessons provided by a police officer and Gang Awareness and Narcotics Intervention Education. Over 100 youth have registered for this program and a core group of approximately 60 participate on a regular basis. Pre and Post test or surveys are administered to determine participant's awareness antllor needs. The Police Department pays all salary and benefits for the officers associated with the Carver Kids of Character project. Funding is requested for gang awareness and narcotics intervention educational materials, safety equipment, uniforms, mileage for travel to competition and tournaments and snacks and meals. Martial Arts classes are hosted once per week. Gang Awareness, Narcotics Intervention Education sessions are hosted quarterly far one day from $am to 5pm. Physical activity and strength training for participants .Expenses: • Facilitators certifications $668.33 • Program equipment, uniforms and supplies 771.67 • Tournament fees $560.00 The Youth Sports Camp is hosted annually in partnership with XPE Sports of Boca Raton. The camp is hosted at a local school. The program focuses on academic enrichment, physical fitness and nutritional awareness. Participants prepare for FCAT through reading, math and science tutorials. All participants are identified by Guidance personnel of local schools. Participants must complete the two-day educational preparation classes to be eligible to participate in the sporting events. Services include FLAT prop and tutorials for student participants - $2,000 Instructors salaries 3 instructors x $20 per hour x 1$ hours = $1,080 Classroom supplies (paper, pencils, applicable workbooks and texts) = 920,00 TraininglTravel Send Delray Beach Police Officers and Program Staft to the regional) statewide meetings Technical Training. Staff will request prior approval from FDLE. Preventing Crime in the Black Community Conf, Reg: $225 x 4=$900 Exhibit A Hotel $1001night x 4 nights x 4 people =$1,600 Per Diem:$38lday x 5 days x 4 people = $760 [ncidentals $30 x 4 nights x 4 people= $480 (tolls, taxi's and baggage) Total: $3,740 Send Delray Beach Police Officers and Program Staff to the regionall statewide meetings far Technical Training. Prior written approval required from FDLE. Registration: $200 x 3 people =$600 Airfare: $300 x 3 people =$900 Hotel $1191nightx 3 nights x 3 people =$1,071 Per Diem: $381day x 3 days x 3 people= $342.00 Incidentals $30 x 3 days x 3 people = $270 (tolls, taxis and baggage) Total: $3,1$3 Office Equipment Weed and Seed Program Manager Office Furniture Supplies-$3,255.40 Program Manager associated with the Weed and Seed Project is provided with air card and service, offce equipment and software. Manager is a city employee. Manager recently moved to the Police Department .from a community office; no furniture was provided. Operating Capital Outlay Computer replacement $1,500 Expenses: Operational supplies and program software $330 Communications lone air card $720 Single Ped Desk 392.70 Right ar Left return 312.70 MEMORANDUM TO: Mayor and City Commissioners FROM: Randal L. Krejcarek, P.E., LEED AP, City Engineer Richard C. Hasko, PE, Environmental Services Director THROUGH: David T. Harden, City Manager DATE: October 20, 2010 SUBJECT: AGENDA ITEM 8.F. -REGULAR COMMISSION MEETING OF NOVEMBER 2, 2010 AMENDMENT TO THE INTERLOCAL AGREEMENT/PALM BEACH COUNTY/ MARTIN LUTHER KING DRIVE ITEM BEFORE COMMISSION Request Commission approvaUauthorization for Mayor to execute an inter-local agreement amendment with Palm Beach County for the installation of decorative street lights along Martin Luther King Jr. (MLK) Drive. The Inter-local agreement is for $100,000.00. BACKGROUND The MLK committee has discussed several projects for the MLK corridor. One project that is already completed is the installation of a "peace" bench at the east end of this corridor. Another project (which is in the MLK Drive Master Plan) is the installation of decorative street lights along the corridor. The City previously entered into an agreement with Palm Beach County to help fund the decorative street lights. This amendment to the interlocal agreement addresses two items; 1) extends the date that all final invoices shall be submitted to Palm Beach County to 31 Dec 2011, and 2) informs the City that Palm Beach County has established the Office of the Inspector General by Ordinance R2009-049 and requires the City to fully cooperate with the Inspector General, allowing full, unrestricted access to City records. RECOMMENDATION Staff recommends approval. THIS AIVIEN®MENT as evade to the INTERL®CAI_ AGREEMENT (R2008- 1599) entered into September 23, 2008, by and between PALM BEACH C®UNTY, a political subdivision of the State of Florida, hereinafter referred to as "C®UNTY" and THE CITY ®I~ ®ELRAY BEACH, a municipal corporation of the State of Florida, hereinafter referred to as "CITY" WITNESSETH: WFIEREAS, on September 23, 2008, the COUNTY and the CITY entered into Interlocal Agreement 82008-1599 to provide funds to the CITY for undertaking the installation of decorative street lights along Martin Luther King Jr. ®rivelNW 2"d Street from NW 4th Avenue to NW 5th Avenue, within the C[TY limits, hereinafter referred to as "IMPR®VENIENTS", and WHEREAS, the C®UNTY believes that the IIVIPR®1/EI9~ENTS serve a public purpose by providing enhanced lighting of the CITY and wishes to support the project with funding far the documented costs of the IMPROVEMENTS in an amount not to exceed ®NE HUN®RE® THOUSAN® ®®I_LARS ($'IA0,0®0.00); and WHEREAS, Interlocal Agreement 82008-1599 of September 23, 2008, provided for a completion date for the IMPR®VE[~IENTS of December 31, 2010; and V6IHEREAS, the completion date of the IIVIIPROVEIR~ENTS is delayed due to the street lighting contract being awarded August 18, 2010, and the notice to proceed start date of September 18, 2010, not allowing suffcient time for completion; and V9IHEREAS, the C®ulllTY and CITY agree this Amendment shall relate back to the September 23, 2008 Agreement and shall continue without interruption or lapse, with its term extended to December 31, 2011. NOW, THEREI=®RE, in consideration of mutual covenants, promises, and agreements herein contained, the parties agree as follows: 1. The Inter-local Agreement dated September 23, 2008, by and between the C®UNTY and CITY is hereby amended to revise paragraph 9 and add paragraph 29 as follows: must notify the C®I;I911TY in writing by September 30, 201 ~ of the need for an extension of time. Failure to meet the September 30, 2099 notification date may result in expiration of this agreement and loss of C®tJ1VT?' funding, and the COU11lTY shall have no obligation fa the CI'T'Y or any other entity or person for any cost incurred thereafter unless the time for completion is extended by modification of this Agreement as provided herein. 29. Palm Beach County has established the Office of the Inspector General by Ordinance 82009-049, that is authorized and empowered to review past, present, and proposed County contracts, transactions, accounts, and records. All contractors and parties doing business with the County and receiving County funds shall fully cooperate with the Inspector General allowing full and unrestricted access to records. The lnspecfor Genera! has the power to subpoena witnesses, administer oaths, require the production of records, and audit, investigate, monitor, and inspect the activities of the contractor, its officers, agents, employees, and lobbyists in order to ensure compliance with contract specifications and detect corruption and fraud. 2. It is the intent of the parfiies hereto that this Amendment shall not become binding until the date executed by the Board of County Commissioners of Palm Beach County. 3. All other provisions of the Inter-local Agreement dated September 23, 2008, not specifically amended herein shall remain in full force and effect. REMAINDER OF PAGE INTENTEONALLY LEFT BLANK CITY OF DELRAY BEACH By: ATTEST: By: Mayor City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY By: City Attorney Date: PA~.M BEACH COUNTY FLORIDA, BY ITS BOARD OF COUNTY COMMISSIONERS BY= Chair ATTEST: SHARON R. BOCK, CLERK By: Deputy Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY By: Assistant County Attorney Date: APPROVED AS TO TERMS AND CONDITIONS BY=. Date: H:IOJMWP10JM1Agreements HistorylAmendment MLK Delray Decorative Strt Lights 3.doc .Yp ~: ~~ L Y J ~ +! 1 l ar ~ ~ j ~~ ~~ n 1~~ ~, '~'_ ~' !~~ M ~; i+yl .Y ~ ~ i ~' r `~~, ~i` +,' z... k~~.t~,,.r ~" ~~ ~~ ~ ~,u~~~ ~ yl ~ ~ ~r~'~ ~ ~ rw ~~ ,~~ ~ ~~~~ ~~ w ~ f Yi r ~~ ~ ~~ ~ ~~~ i u.~ ~ ~ ~ ~;~ ~ ~ ~ ~ ~- ~` ~ ~~ ~ ~ ~ ~ 4 r~"r ^'~ ~ ~ ~' I~#M1f~,~7~11 ~Y.~dl,•r~ ~+M ex ~:~M~~M ~ ~aet~! ' ~ i Jr tNw ~" a * ~r ~ ,V ~~ ~ ~4 +~ ~' ~,~. ' rt• 2 ~. ai. 77 ~ y <y ~ j1" ~~ ~A~ ~, .. ~ * , '~ IY ~~ I ~ 'R '.,M Y~ ~ ~ a. ! ! , '~ ~~ _ j , ~7w ~ Y ~ ~ _ «, ~~~~.. F. q ~(R ~ y 4 ~ ~ 1 ! f pp ~ ~ ~ - ! ~~ ~'~ ail ,i~ ~_ ' ~ ~ ~jl ~ 1 f ~ ~ ~ ~ ~~ r ~ ~ ~ i 1 ! ~ ire i J' Ile, ~ ~ 9~'~M* ;,~,` w M`~ ; f'f ,i'~ ~" , , ~~ `~ , ~ ~ '` ~ as ~' ~~ ism ~ z p r ,. a~» , . z',tc 444 r S ~ +aa f14 ; ~-.~ '~F.~ - ~'' L, ~ ~' ~~ j x ` ~'~ a° ~'~ W_ ~_ Qa ~ ~-Ql~ ~ oLL , a. ~Mi ~.~ ~ T ot~~.i - fi_ w ~ NrP. to 4 ~ ~,- ~, '' ~ t, ~~,,,,. ~-1 #u~ l ~; _~:~ ~ ~ ~~ ,~~~~,- ~ ~ .a ai s~ _ ax~+r a ~; ~~ ~ •~~. ~ ~ k„ F~ r .w ~ fj ~ ~ ~r „i~ ~ i N ~ a >~k 1 ~r #~~. Af ;4~ .r~ ,i',~J..4`L~._ ,.L ~t 7 ~~ i'7F ~ }5~! a ~ ~ ~ ~,. ~, ~ !r ~~` ~ ~ ;r~ ~,. n .,i„ ~*~ ,? ~~, ~ !„~~ ~~r`"+ ~~ ,~. ~`~ ~ ~~ ,, iip,b ~t~~ ~ ~r ~ ~ I 5 J r . ~ ~~~ U i ~,' (~ +r~, ~~~ ~;~ {r' ~,~ [ ~,~ , `_ ~"' ~ ~*~~.,~y .,~~ . i 'fir ~~ G' ~~ i ~0i. ~ ~i '~i'+, d. ,,p ~~ ,,.~' ~".. " ~ ~ ~ ',~ ~ ~'J~ ~+''~'~ . ~ ~ III t.,, ~~ y ~~~ ~ ~ 4 ,~ ,~ , 1 # *'` i f ~ ,, ~ w,. .~ „ x - J~. ~. ''~, ~ r ~ _ ~ O N i ~ ~ N Y J ° ~ MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: October 26, 2010 SUBJECT: AGENDA ITEM 8.G. -REGULAR COMMISSION MEETING OF NOVEMBER 2, 2010 PARKING MANAGEMENT ADVISORY BOARD RATIFICATION ITEM BEFORE COMMISSION This item is before the City Commission for ratification to the Parking Management Advisory Board. BACKGROUND On October 12, 2010, the West Atlantic Redevelopment Coalition appointed Ms. Margie Walden as their regular representative on the Parking Management Advisory Board for an unexpired term ending July 31, 2012. 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 Ms. Margie Walden, representative for the West Atlantic Redevelopment Coalition, for an unexpired term ending July 31, 2012. PARKING MANAGEMENT ADVISORY BOARD ioiio TERM MEMBERS CATEGORY EXPIRES 07/31 /11 Mark Krall P & Z a~ o9/zo/1o Ratified 10/19/10 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 Margie Walden WARC Unexp Appt 10/19/10 Ratified 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 Reappt0l/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 Vacant &Z Unexp Appt 07/31/12 Vacant CHAMBERS Unexp Appt 07/31/12 Veronica Covington CRA Appt 06/24/10 Ratified 08/17/10 07/31 /12 acant ARC 07/31 /12 Diane Franco DA Unexp 08/21/09 Ratified 11/17/09 Reappt07/12/10 Ratified 08/17/10 S/City Clerk/Boardl0/Parking Mana~ment AchnsoryBoard Contact: Scott Aronson -Parking Management Specialist 243-7196 Commission Liaison: Commissioner Gary Eliopoukos MEMORANDUM TO: Mayor and City Commissioners FROM: Robert A. Barcinski, Assistant City Manager THROUGH: David T. Harden, City Manager DATE: October 26, 2010 SUBJECT: AGENDA ITEM 8.H. -REGULAR COMMISSION MEETING OF NOVEMBER 2, 2010 SPECIAL EVENT REQUEST/ TREE LIGHTING AND MENORAH LIGHTING/ ART & JAZZ ON THE AVENUE ITEM BEFORE COMMISSION City Commission is requested to endorse the Tree Lighting, Menorah Lighting and Art and Jazz on the Avenue scheduled for December 2, 2010 from 5:00 p.m. to 10:00 p.m., to grant a temporary use permit per LDR Section 2.4.6(F) for the closure of Atlantic Avenue from Swinton to NE/SE 7th Avenue, and to the alley north of Atlantic Avenue on NE 1st Avenue, NE 2nd Avenue, Railroad Way, and NE 4th Avenue and from Atlantic to the alley south on SE 1st Avenue, SE 2nd Avenue, SE 3rd Avenue and SE 4th Avenue. Commission is also requested to authorize staff support for security, traffic control, banner hanging and removal, barricade set up and removal, trash removal, clean up, EMS assistance and use of the large City stage. BACKGROUND Attached are the special event permit request, budget, site plan and Tree Lighting/Menorah schedule for this event received from the Downtown Marketing Cooperative. We have also received the required Certificate of Liability Insurance from the DMC for the Art and Jazz event. Art and Jazz on the Avenue sponsored by the Downtown Marketing Cooperative and the Tree Lighting/Menorah Lighting sponsored by the City are again being combined into one event. Entertainment will be located at various locations along Atlantic Avenue, as well as at the Tree. The estimate of overtime cost for this event is $9,885 of which $3,955 is assigned to the Tree Lighting and $5,930 for Art and Jazz on the Avenue. Based on Special Event Polices and Procedures the Downtown Marketing Cooperative will pay 35% of their share of the overtime costs. The DMC will provide trash boxes. The stage is being used by the City for the Tree Lighting; therefore, there is no charge for the stage use. RECOMMENDATION Staff recommends endorsement of the event, approval of the temporary use permit, street closure, and staff support as requested with payment of costs to the City per the agreement with the Downtown Marketing Cooperative for the Art and Jazz on the Avenue portion of the costs; contingent on the receipt of a Hold Harmless Agreement. s ~ ~~ ~ ~~~ "` r City of Dewy Beach DCT .~ 8 °~~"°`Y s~'° "~ 211 Special Event Pez~nit ~M1Nl8T~!?7V~slo~ ~«~~ . Application ~ •. PLEASE TYPE OR PR1~T t~g~ ~] - ~ zna~ EventNarz~elTitle: ~~~ °~ '2~ 0~ ~V~ ~~~ ! tt~IPd ~1 ~• Event Dates}; ~ Times, Reciuesting street closure; qes no ~If yes need tixneldate fox closure end F e~pe ~~) ~ ~~~ : ~Aely-~ G(.~ ~ Event SpansorfPraducer: Event Name Address: Telephone Nua~n.bex•: E-a~tail Address: ~ Planned A_ctivztaes (Outline of activitiesln~imbex of ctivities, i.e. 8nt~rta' eut, clniidren'$$ rides, gam~P~$, other qp~ ams): I ~ -- Aw~. 1A.._.~_,.r_ A_.t. ~~..C~S+.._,. _ ~ ~.._. ~ ISL. Page 1 of 5 -A~. G~~ 11`` r, V Event Oazztact/Cooxdinatox: ~ ~k 31, ~y.~.Lyi~t ~~ ~ ~ .7 D~'_ a (Haw will you _ ~s . - - Number of Individuals Served Previous Year {if applicable): 7~. l Describe the targeted population and expected attendance: ~7- tfYYE1 ~rnri ..tA t+1 nz(infM t t IAi 1~iLIr~.. .,,~~ ~ ri ~~'~ Describe pour MarketinglPromotians Sponsox Category {please check) Page 2 of 5 i.e. TV, City~,i~Tan-ProfitlGharitabl.e ~ Pri~va#e r Ca-Sponsor-Nax>,-ProfitfPrivate o (IflVort prof attaeli proof of S'DXc(3}, c~4), c(6), C(10), or e(19) or {rl) . Evart Lacatia1z~ (Describe area boundaries of eventflooation): ,~°~. ~1~re. ~fYIA~ Site plan ai#ached: yes~__,~ no ~Siie plrrrr required for ertfire eve~tt site, Incii~de locations of ten#s, stage, pot•tstlets, clnrnpsters, portalale liglxting, and barricade location. if applicable) Rental of Old Schaoi Square: yes n©____ (If yes, attach proof of appravai} lZental of Qld School Square Park: yes na_ . _~ {if yes, attach proof of rental agree>nen# with Parks & lt.ecreation} Pi7vate Property Use: yes no___~ _ {If yes, attach letter giving authorization from property avyner} Event budget Revenue & Expenses at#ached; yes__~__,____ no (Required for all eve~tts) U:lwivdatalSpeciai Event Reques#LSpecial Event Permst Appl+tation FL~IAL. FYlO-l l.dao -_ _ _ _ _ _ Page 3 of S Previous yeax RevezluelExpense summary attached: yes ~ no (Required for alt events) Arts and Econanlic ~mpaet Calendar attached: yes zxo Dbtained on line at ww~v.AmericansForTheArts.org (Requixed fax all e~creuts except minor events and SK Runs) Do you have cash sponsors for the event: yes ~ no~ (Indicated on budget} Do you have inkind sponsors for the event< yes ~_ no (Xndicated on budget) ~ervirlg or sellixlg alcoholic beverages: yes rra I~~yes, what entity is obtaining the Alco}iol License permit? (1f J>es, cnpy of Ircertse crud ulcoltol li~rb~lity irrsur'nnce regtr~red t~vo (.2} -veeks~rior fo event) Event certificate of insurance attached: yes, na ~Regrrirerl frrn ~2) ~veeks prior fo event rrarrrirrg the City rrs ~drlifiorral ir7srrred, also required for verrdvrs) flaying of ampi~ed rx~usic: ~Ff'aiver~ required) yes_ ~_ no 4Viil thexe 6e entaxtainment: yes ~ no (If yes, attached list of Perfoxz~lers andfor DJ's) If yes, sponsor agrees all enter#ainment will be family oriented and contain na obscenities: yes~______ no Requesting Police assistance: yes_~ no (#;raffic controi/securify) Will supplement with. private security: yes no__.~~~ (If}>es, ireed~rlan attached) Requesting Emergency Medical assistance: yes~__.__ no Requesting street closure: yes. --- no (if yes, need tirneldate for closure atad reopening) ~/ Requesting barricade assistance; yes- ~\ no_ (If na, how are you handling?} Requesting trash removailciean up assis#ance: yes~~ (If no, kow are you handling?) Requesting trash boxeslcontainers and liners: yes „~ no no LT_lvnvdata~Specia! Event Iteguest~pecia] Event Permit Apptica#ion FINAL ~YfO-11.doa Regx~esti~g stage ~zse: (If yes, check type) Large stage (1~' ~ 36')~ yes / ~ no. Page 4 of 5 Small stage (16' x 2I') n ~al>t smaIl stage (S' x 21') a Requesting signage: yes no Type: 4'x4'l;vent sign Parlung Signs " Baaauer hazier Indicate dates required (Waiver rear{irecl i}'rnore tltr~n one (~) fveel~prior to eveni) Requesting Gity portable Get~eratax: {If yes, siz>:: & paver) Food and beverage vendo.~"s; Ifyes, approxi><uate rauzubex• {I-Iealth Department approval xequired) Other vendors: (Indicate typo) yes Y~ no_~_ no_.~ yes no yes___._~ na Tents: yes ~ Xf yes, Hose n~rrrty ~~1~at size or size rer~uirerl (If yes, tefttpertniis nrtd~re ilispectiorrs harry be needed) Will the event inel~lde atnerserraent rides: yes zto Iti (kfYes, type and locafian as:~' copy of l'iRbiCitY itasrrrartce re~rrired, also rer~uires state Ilcertse anil iras,~rectivn.) " Will the eveni be gated: yes {,57toru vrt-site raarrp) Will there be a charge for the event: yes_ (If yes, indicate ticket prices) ~ Will there be firetivorlcs or other pyrotechnics: yes" (1f yes, confacf p'ire 1!%fnrsJial tv vhitria: rrrtd carnpl na.~...~ na_~., no~~ ere perrraif applicatir~ra) Will there be cooking with calnpressed gas: yes no (~f yes, carrtact p'ire 1f~arsltal fvr irtspecttarts) Will you be providing part_a-lets for the event: yes ~ na (~f yes, locate nn life rtarrp. I,f rra, rndreate Irniv,you willlaandle restrvorn needs} Is reserved parking requested: yes no•~ (1f yes, irtriieate locations grad prirpnse far use) no U_lwcvdatalSpecial l~van# i~equestLSpecial went Permit ApplirafionFINAL~Y~O-ll.doe Page 5 of 5 Event Permit Attachr~r~e>~ts: RevenuelExpense Budget kZ.eveziuelExpense Recap Last Years Event Site Plan Arts and Economic lznpaet Calendar Letter Requesting Noise Ordinance Waivex Letter Requesting Waiver Consumption Alcohol Beverages Proof of Norz-l'rafit Status General Liability Insurance Certifcate Alcohol Beverage Liability Certificate Proo£ of Rental Agreement or Authorization Letter from private Property Owner Hold H~`mless Agreement, notarized. SiYbmittal Date Requireauents. e Mi~rar Event ~i5 days prim to event m Intermediate Event 90 days prior to event o il~a3ar Event 1.20 days prior to event ® Neighborhood Blackxarty 30 days prior to evex>t Event CoutractorlGaot•dirtafar Date ~ - Please priit#; r~ 'f' Please enclose the appropriate non-refundable application £ee payable to the City of Delray Beackt, l0U N.'~i~. I9t Avenue, Delray Beach, Florida 33444, Required with permit application. Far,~trrff Use Qttl}; / Date Received ~°I~ ~ / U Application: l'ee received $ /~ - U:lwwdataLSpecial Event Rtgae5t4Special Event Permit Application pil f~tL F'Y10-1 l.doe ~~ .~ ~ :~ ~ -~ ~ 4~ cs [~, U J : Q~ ~ 121 ~~.~1t11 p. ~~~ Y,__, }. _. 5.3 ~ m ~~ ~~n~ ~~ ~ . " i ~ ~0~ m ~ile~o ,:::. .~,,:` ... ~: .. ,: _. rI Downtown MarkeOng Cooperative -- '_ -f- Isropnsed 2014 Budget ~a1.4 p~op8yea 2009 Budget _. 2,009 Actual „~ Budget zncnme . Administr2ttlan 101 C,o~ordinating Fee Sponsorship 4120 352,000.00 347,033.64 35x,000.00 CRA 40,000.04 Mlsoeilaneous lnoonne 4203 O.Oq 8E160.00 0.00 . AeOvlldes & k~venLrt Income 4904 0,_,00 361.73 _ 0.00 Total Administration 3S7~4U0.40 355,'555.37 352,000.00 Pineapple i~rOV9 & Walt ANantla 8$0 Howard Allen ~ 4115 0.00 3,000.00 0.00 Event Sponsor Rav 4501 330.00 :17,50D.00 23.550A(1 Tatai Plneappio Oirove $t WCSk AUantia 25,550.00 20,500.04 23,550.40 Art $c, Tars nn tha Avenue 862 Doming: 20000 Ci~4 Event Sponsor Rev 4601 f09.100AQ 95.L00.40 75,100.00 _ Remove 12,000,(#1 GEId Total Art 8~ 3a~~ on the Avenue 149,1,OO.Op 9Ti,100.00 75,100.40 duly Fourth Deiebra#iarrs 865 -Remove Event Spanspr Rev 4641 65,200.00 78,208.011 70,408.r~ aty 19,040.00 Other incotrae - IEvents 4620 500.04 0,x,,00 500.00 Cnmin~_ 100 ~.ye Total 3aty i:ourth Delebrations 6x,700.00 78r2R8.OD 70,500.Q0 L1etember Holidays Oc First Night - 866 Santa }3reakfast 4350 O.OfI 4,740.0(1 0.00 5an~ pfopo, 4655 0.00 6,450.00 0.00 Flrst Night Buttons 4360 0.00 1g,320A4 0.00 Offloe Depot Foufldatlan dear 4365 0.00 1,284,00 0.00 I~onatiorts Received . 4541 24,404.40 iB,4s6.5o z4,00a.40 C>3diAac 7,o0o.aa Iwer~t sponsor Rev 4001 144,440.04 i64,14ao4 14a,aoo.4o Sprint z,540.44 Merchandise Sales 4606 ~ 0.00 12,658.25 0.00 Other Income -Events 4620 28.500,00 .2.36 28~ 5,~00~00 Total pecemiser Holldaya & First Night 188,500.00 2,23,002,39 188,540.€10 Qeneral i-rOntotfnns - I1MC 8$9 Event 5palsar' Rev 4601 OAO 4,400.00 4,(100.00 Other Inooma - Hrents 4624 4,000.00 550.D4 000 T4tai Genarai P"raniotlons -1?MC 4,000.00 4,550.44 ~4,400.p0 Tokdllncame 742,850A0. 776,915.76 713,65tl.04 Exgenaea Adminlstratlon 1,01 Salaries 5401 255,230.00 252,108.54 268,541.¢0 Payroll Taxes 5141 23,01D.00 18,998.94 ~0,55L.00 Unemployment insurar~oe 5105 0.00 280.30 300.00 Health inarrar~ce 5111 26,5G0.00 24,057.26 30,485.44 Itetlrement Fund 5115 21,765.40 2x,719.15 26.864.00 Meetings/ConferenCes 5121 7,640.00 4,b52.49 7,640.00 Audit Expenses 5201 .2,850.00 3,550.00 ~ 3,554.00 Dues & Subsaipdozas 5205 552,00 1,2~J6.10 1.300.00 Weh Spnnn,~Orsltlp rkp 5216 0.40 6x0.00 620.00 Maintain OPBoe Equip 5221 0.00 95.86 100.00 Banking Fees 5224 814.00 1,122.85 1,100.00 Merdtant Account Fee 5225 0.00 9!0.35 1,000.00 OfflCB Supplies 5x3# 0.00 1,716.64 1,700.00 Computer Supplles/i+~aintenanc3e 5232 750.00 367.41 750.00 Pringng & Stationary s 5241 3,295.00 2,340.51 2,540.011 Data: ~ Pa4 17ovrnt~rrn Marketing CooperaTtive . - -_-J- Prapased 2010 Budget Telephones • . tnsuranoe Workers' Compensation 3anatoriat & Bldg Maint Misc Admin h3~en5es Misc 204$ E~enses Awards & lteoagnftlons - Events . Cantraet Senrlves Equipment Rental /Lease Mlscelianeous t.~enses -Events Supplies Purchased -invents Travel, Meats &. Meetings -Events Iota{ Adm~{ntstrstlan P{neapple trtrorre & Wost Atldnt{C ' Meetings(Conferenaes t3itl+~ Supplies hostage Ads, Marketing ~ Signage -Events Awards & Reco9riltiatis -Events Contract Senrloes 17esign fiC Typesettlng -Events Mlsoe~lar~eous ~cper-~ - Events Pi~nbography & Film Expenses -Events Printing pcpenses -Events Supplles Purd~ased -Events Travel, Meats & Meetings -Events TOta{ Pineapple i~rove ik West Atlantic ArY & 3atac on the Avenue M eetingsjConferences srrent Fees WebSponsorshlp Facp ottioa Supplles Publidty & Pubilc Relations Ads. Marketing ~ Signage -Events Contrast 5ervlces Deslgn &'iypesetdrtg -Events Equipment Rental (Lease Vence Expense Miscellaneous C-x~enses -Events Phatogrdphy A Film i3cpenses -Events 5upptia5 Purd~ased -Events Travel, Meals 8c Meetings -Events Iota{ Art & 3a~ on the AvBrfue 3u{y Fourth Celebrations Contract Services fae~gn & `lypesetHng -Events Equipment Mental /Lease 5uppiles Purchased - Events Travel, Meals ~ Meetings - tvents Total 3u{y Fourth Celebrations 5245 x301 5303 5311 5411 5999 6105 613.0 6125 6141 6171 6175 2010 Proposed 2009 Budget 2009 kctual Bud eg t - 3,900.40 3,702.00 3,900.40 4,340.00 4,652.49 4,650,04 0,00 1,111.50 1,200.00 QAO 15.37 0.00 2,014.fl0 1,529.35 6,000.00 4.44 ~a,386:~i4) 4.D4 D.DO 42.DD fl.44 0.00 3,565.10 3,015A0 0.04 3,141.91 3,244.Da 0.00 3,977.?6 4.00 0,00 3,281.34 3,344.OD 4.40 977.71 1,000.(10 352,1$pA0 356,445.96 39$,366.00 860 5121 0.00 28.82 fl.00 5231 0.00 13.01 0.00 5235 0.40 13.81 0.04 6101 O.OD 1,54427 1,QOOAO 6105 1,000.00 800.OD 800.00 6114 17,554,40 4,39fi.50 12,SOD 00 6115 2,000.00 175.73 2,504.00 fi141 0.00 16.50 0.40 6115 0.00 59.13 0.00 &151 3,000.00 1,193.77 2,000.00 fi17f 0.44 685.99 1,440.00 fi175 0~fl0 19.17 200.40 23,550.00 8,9$G.70 24,000.00 8G2 5121 4.00 344.iD 0.00 5207 0.00 ~ 30D.flD 0.04 5216 O.OD 165.40 0.00 5231 0.40 55.76 0.40 5621 0.40 750.04 0.00 6101 4,500.00 550.00 3,000.00 6110 72,604.00 54,516.83 42,600.40 &115 10,000.4D 11,375.55 10,040.00 6125 fB,i1Dfl.00 ~ 16,660.45 15,000.00 6131 4.40 532.50 0.00 6141 0.40 3110.40 0.00 6145 2,000.00 4.00 2,400.00 6171 500.00 1,024.50 300.40 6175 100.00 0.40 100.00 107,700.00 eB,B34.77 T3,200A0 SG6 6110 &6,040.00 46,&40.52 62,100.00 6115 1,Sfl0.40 2,0$7.+12 2,QODA4 6125 500.00 20,545.23 540.04 6171 i,ofl4.4o 449.81 500.44 6175 1,_,0(10.40 329.21 500A0 ?'O,OG0.40 70,052.19 65,800.00 PaG ~aoe: -December Flolidays &flr':rl:Night Me+rtingsJGorrfererroes postage Telephones Safes Tax Expen~s . Mfscellanepus Et`otrornic Marketing ExpS ~lr5t Night -qty R+eimbursahte 1st NitO butbor-s -Sold - CAnsignmentItem -Sold Ads, MarkeQng 6. Slgrrage - Evettt5 Awards & itecc:.ogniklons - i+vents Contract Services Design & Typesetting -Events Equipment Rental j pease Misoeilaneou5 bcpenses ~ tvenrs Photography & Film ~er~ses -1=vents Sales Ex}~n~s - Merchandise Supp1{es purchased -Events Travel, Meals & Meetings - gents Spor-sor,~ttlp Expense 'focal December llolldeys & First Nlglst Howard Allen Sponsorship Miscellaneous Expenses -Events Tota4 Howard Allen Spprtsorship Qeneral Prtsmotians - DMC twes ~ Subsaiptlons Everrt Fees Acctivvities & Events F~cperrse Ads, Marketing & SEgnage -Events Contract Services Design Se Typesettlrig -Events l=quipment Rents! (Lease Mlscelianeous roses -Evenly phobdgraphy & Film Expenses -Events Printing Expenses -Events Supplies >'urthased -Events Travel, Meals & Mee4ngs -Events Total lleneral promot4ons - DMC Total Expenses Excess of 2ntVorrra over 6cpeditures ~ov+n5ovvtl Marketing Cooperative - - .~~ f- Propesed 2D1D Budflet 2010 proposed ?D09 Budget _ X049 Actual budget 856 ~ ~ - 512i 6.00 98.58 4.40 5235 D.40 10,76. O.OO 5245 700.44 0.40 0.04 5322 O.OD 532,64 D,DO 5731 D.00 5,939.5fl O.4D bODO 4.44 500.OD 0,40 PODS D.4D 1a,599.25 ~-" O.OD 5010 O.OD 1,280.40 D.DO 61Di S,50DAD z,5D4.04 3,0D4.O0 5145 2,540.0D 1,D64,47 2,544.00 6110 85,40D.OD 79,819.40 8S,44O.4D S11S 6,500.00 12,68760. 5,5DD,00 6125 7,040.00 a,~88.39 7,4OO,DD 5141 0.00 8,475,01 D.t1D 6145 5D0.00 150.00 SO0.00 6161 O.D4 ~ 45D.OD 0,04 6171 25,40D.40 14,544.71 2,500.04 6175 7,540.U4 3,232.19 7,500.DD 6190 34,D04.00 30r UO©.OO 30„~._OD 173,+90 D.00 149,463.8 4 141, 900.00 S68 6141 4,D04.00 9,844A0 4~,.OD 4,000.00 9;000.00 0.00 869 5245 D.DO 154.44 4.00 52D7 0.00 450.40 4.00 5900 D.04 3,010,00 4.00 6141 0.00 (f70.25) 0.4D 6110 D.DO 2,237.82 6,000.00 6115 D.04 1,142.64 500.04 6125 0,00 3,833.80 D.04 5141 D,OD SO4,04 5D0.40 6145 Q.DO 350.00 0.00 6151 ~ O.DD 843A8 500.00 &171 OAD 737.99 ~ 7,544.40 5175 t1.D4 128.94 0.00 0.00 13,284.68 i5,00p.00 73i.03D.00 7!€x,697.50 7'12,088.00 11,820.00 33,218.26 w1,S84.00 Ta t.ome 7,5DO.D0 5,1 Date: ~ - ~ Page CERTtFICAT~ OF COV~RAG~ Certificate }{older Administrator lssus Pais 'IRI(19a ATTN WILLIAM DART Florida Leagu®o(Cities, lnc. PALM HEAC}i COUi+1TY Depal#menE at Insurance and Flnanclal $ervlces 505 BANYAN! I30ULEIlARD P•O• Box 530065 Orlando, Florida 32853.Ofl6S WEST PALM BEP.CI{ [=L 334(71 COYER4GE5 Tn15 k5 TOGER3IFYTH.4TTHEAEAEEME17f 8_L04Y FWu BEEN)SSt3ED 70 TFiE LESWfiATEP MEI.'RER FDft T7fE [OVERAGE PcAIOO i>JENCATED. NON/miSTAND~7lG ANY REQUIR'~L',ENT, 7ERM DR COgC1mDA GFANy GgyTRACT Ori UrNEn DOCV3VENr YYrll{ RESPECTT01YHtCH THISCERTIFICAFE MAY aE1ssUED OR MAY PERTNN, THE COYERAGEAFFORDEO aY T{IE 0.GAEE}JENi DfrSGRIfiEO HEREM IS9Ua.~CYTOALLTHETERkLS, FXCLU510NSANDCO.YDIr10.Y5 OF 9UCH AGREEMElrr. COVERAGE PROVIDED aY: FLORi^A MUNICIPAL iN$iJ(tANGH TREISi' AGREEMEh7 NUMBER: FMff 13144 COVERAGE PER[Q©: FROM, 10ft114 COVr=RAGE PERIOD: TO 10f1111 12:01 AM S7ANpARD TIME TYPE OPCOVERAGE -LIABILITY TYPE OF COVt=RAOE -PROPERTY Gemara[ Lfabi€ity ®BuEtdtngs ®P/llsceFlaneaus i~ Gompsehensive General Lfabi-Giy; Boclly injury, Property pamage and ©Basic FDmn ~ Inland Marine Personal injury ®Specta€ Form ~ E{echanic Data ProcasseTg ® Emors and Omisslons Ltahurty ®Pe[sonat Property ®BDnd ® SuppiementalEmP~YmentPracllce ©tlasicFwm )~ FsITployea BeneT:fs Program AdmlmisUaltUn Llabifrty ®Special Form ® Medical Attendants'iMedcal E7•aeGtors' Malpractice LIablEty ©AgteadAmotmt ® Broad FDRn Property Damage ®Uedud)ble Sso,t>o0 ® L-atY Enforcement Liability ~ CDinsurarlDa 10095 Underground. ET~ioslon 8 Collapse Hazard ^ 6iankal ® SpecYlc Limits of LiahlOry ®Reglacemeni Cost CombiZed Single Umlf ^ Actual CashVelue DeduttPole WA Limits of Liability on Fiie Yr11h Adm-snistrato[ AutomoMla Llablilty ~ Ad armed Autos tPriYala Passenge{7 TYPE OFCOVERAGE -yYOR3C€RS' CO64PEh5A7lON ® AB aATted AtRes {01her than Pmrale Passenger) ~ Hked Autos ~ Statutory 1Rrarrters' CDmpensafion ® Non-aamed Autos ®EmPloYers Lhabifity 51,040,000 EachAccldent 51,040,D44 By D:Seasn 51,070,04DAggragete By Disease Lrmlls of LtablEiiy • GDmbkted Single L1aTlif ©Daduclbta N7A Oeductls:a N1A ~ SaH Insured Retention: $500,000 AutamuhitalEgUkpmemt -Deduc116te ® PhyslcalDamaga PerSchedura-COmprehensNe•AUto Par5chedula-Golfislon•Auto Per Schedule-}discellsneousEquipmenl t7rher The knit of lia6ifify is 55,00D,000 {Garnbfied sklgle fxnN) bodily M}vry andlw properly dam age each oausrence in excess of a self-tnsured ratentiorl of 5400,000- TtTis limit is solely forany ifabllily resuttilg from entry Df a cta¢rIS hit pursuant io SaGllon 76828 (5) Flaida Statutes G{ lia6,li[ylsettlementlw Yhilch r~ claims hl9 has been filed w Lab}Eity Imposed plasu8rst to Federal Law or actions outside the State of Florida. Descrlptlom of OperaiionslLocagonsfVahlclesl5pea€al Items Re: Use of South County Court Nousa Parfdng Garage far the HDI1day Tres 1-lghtiriglAtl and Jae to be heM on December 2, 2010. Ra: Events, actiYiiles, elactiorss and functions aulharized by the certificate holdef alvolving the designated m ember Y+llilo being held upon the premises of the Gartificale holder. The certificate holder is heretry added as am addillonat Insured, except for Workers' CnmpensaAon amd Empfnysrs L3abiliiy, as respects the members liability forgte above descdbad anent. Tars aER73FICATErs fsSUEO ASAYA3TER OFINFORMAT1UY Or1LY ANa COi1FER5 N4 RIOtm5UpA11THE CERTffICATE ROLnER TIRS CERFIr1agTE DOES NOT A.V.END, Ex7rxD DR ALFER THEaOYEr1A0EAFFORDED eYFHEAGREE3r.Er7T A9OVE. a ESKSNATEO MEIa6Eri CANGEI.ll.TIDN3 SHOiRU NrY PART OF THE A80YE DESCRiBEO AGREEM£NF eE C0.4CEL[ED BEFORETF3E ExPIRATIAN MTE TTiEREOF, THE Ie51iIt1G COkiFAr3YY71LL ENUPAYDR Ta MAIL S5 DAYS YlRRTE7f NOTICE To Tl{£ a1=aTIF}CATE HOLDER FVAA!ED A6W~ aSIT fA@URETOIML CITY OF DELRAY BEACH SUCH NDTILE Gtw-L atPOSE t{O OaLIGAm01{ OR LL4aic{7''r ~ ANY WND f3POM'r1tE tflR NIAf t~AVEIJtJE F'a06.411uL RSAGf7rra OR R£PRESENTAFtVES. pELRAY BEACH FL 33444 ~ ~ AUTHCRIZEO REPRESENTATiYE ~ ~' FMR~ERF tiD95} ©~/2~/2n~o za.4s ~Ax sai z'~8 0555 ~~~Y ~~n.cH ~ @Ioaz ~>_ {~ TjjLS GE€tYlfiGATE R5 !53lJ~ RS A hilt'C7ER C7f tP1FD~1'AA'E~r~W ~ n-dt<Y J~tab cOxfEE~s NO RIGH"~8 tfPOE7 Tiilr CER7tfICASE ~tt~l.t~ER. l-k~ttS GE~`ft~bAAT'~ 4f]ES {d0~' Al`dEhfLlF twJCt-~1dD P~ ~y~ ~~.~stac5.>$ge ~g'ene~, inc. AL't'6R THt= CC~VE[2AGE Affb~aE6 BY THE PE34.,lC1f;98ELQW. 920 N • ~ . 6~t- ~.we;~uQ ~~ ~ , Del-say BeaClpa. ~ 33483 [N~43R~~s AFF`ORt3t~G Ci3VEftAGE ~yZa?~,6: X81-275-222. ~`ax=563.~.2°7SP5244 ..-_.~..~-.- m~t.~ ,~.~.~o.c ~• C~P~ ~. 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AM1JI' NJ1D' 33~7lLY IIJ,T,~iY G N.L DW9~J~ l~afTR [pqr ParsnZl StkC~.A ~+ RlsY08 B:a~SLY 11Y d FiiRcD /nLJfDS atkj (Par s~ N~gwn t;P nuros P~?QPL•FE{Y ~M~.GE x {Pac ncG3dart[ ~~ ~ aw t ~ ~q,accJam~f 3 Casaa~t3+SarusY F~.ncc s ~ ° ~ nlsY n€~Jra n~a ~.::r+ u=cum~ ~ EXP>.=xG f i7M6R~iJ.I-4na6~'fY ~,CC•R&6AT~ f aCCUr~ ~ GYn`ti'' rnaD~ ~ f bc~7€~ Ti6Lfi ~ REIIIJTJOnJ h TONY IMJ1'S S yrE1R corn SATs E.L. ~ncW ACCIC~KE ~ AND Eri¢LD~B' L>A~~ Y f N ANY PF;OI'r~1^""Ffl:'tR'AR R~~IFLJTII E ~ t,{,. DI~.P,.ti'~ - EA FJ7~I-4YEE S 9~~1 dak~aS ry In I~~I ~~iLI~EI]i C.L DESF~-- POJCY L]MR S 1r Yom. descrkbR+va4er .^PECIAL Pi20VIStON6 Mb++ ]HeDCx1FF14FJ pF OP6RA d:f3 r CaC4'€S4Na i VB}iICS.I:a. f PS~uCIC3FJ3 Aww a+ ~nv,+n°~°,-,~.. _. SpaGia~. Lhren~s _ 6 Axe ~ ~7az~ an the I've, 6 &tar~m~ez ~ig{1~s, ~. ~'~.riaa~r~ ~ J3zo"VB HetS 1;.~C.C ~ ~ E'3.~si; L'I1t;YJ"b , ~. [U-Cif' Dad a't t~1E '~'~~B r ~. ~-'~'~+8 T,~.gb.ka,ng. Hd~.der is ~da.t~.ama~. ~nsu~ad with Fe~pgct ~o s~~neral Irj.~b~.J.itsf C1~t+l CFLL/k71{7N C~7lPtGAT(^ HOLDER sRO'~ Ar~r o~ ~ Aeave o~acrrls~o +rOUG€F~ aE cnr1~J-L~o Ja~DJZe n{E S:xPUU.~€3N n 3h5URk~ VvR~ ga16nAYOrs:T~ 3dA& 3 0 -AYJ3 VYriTI [-M CS'.CY~"~ ^A72'I}{c~Cf. THE t53U~1 ppY~UR~~ Do eo sr[AJ.4 NoTiCE TD'RiE CJ~i'riKIC1lT~ J~€Gttkl~R r1Ah1ED'tp T~ ti=x7, Blrr IiaPOSc ray D9LIgAt7~N us L-L4HL1'r`r OF Rt+Y K1h57 UPtx{J Tri!< kJ6'~JR~i. CrS .9Gt"1+tYS bR J?ErR~a~N'rATIVE4. Oa.~~[ a~ ne~~~y' ~eaalx pLS~rta ~pR2sp~'J'hTiY~ ~ 1Q0 ~T,1~T, isf Avef~~t6 a~.x'a. seam t~ :~3~g~ ~ 1988 zud4 A Alt e:rp d, IS,COltp ?~ (2009~t01} a are J"9glstaracS maeks a{ ACQ{LC~ Tfta ACJaFiQ rranla and log lt7forrtiation STEP 1: PC3PllLATION POf'ULP.TtL7N of ypur COmnlUnlty: STEP 2: TOTAL EXPENSES (optional) Your Organization's TOTAL EXPENSES (please do not use commas): STEP ~: TOTAL AT'€ENt3ANCE (optional) TOTAL ATTENDANCE to your organization's arts events (again, do not use commas}: Tr~tal Fcnnntnic lrn~ar.t Ut: 50,009 to 99,999 ~ 14000 30000 calculate reset Tote[ FTE Jogs Household Ext~endihires tncortte Nonprofit Arts and Culture $14 000 0.4 $9,206 , Organizations: Nonprofit Arts and Ctdture $679,500 17.9 $275,632 Audiences: Total Industry Impact: $633 500 18.4 $284 $38 , (file Su:n cf Organizations and Audiences) , Local State Government Government PievQnue Revenue $478 $545 $26,990 $31,631 $27,468 $32,176 Rrint Ynur Resells Please see the fin, e grinEbofowv. t]efiniti~~ns Total Expenditures: The total dollars spent by your nonprofit arts and culture organization and its audiences; event_related spending by arts and culture audiences is estimated using the average dollars spent per person by arts event attendees in similarly poptiilated communities. Back to Calculator t=TE Jobs: The total number of €uli-time equivalent (FTE) jobs in your community that are supported by the expenditures made by your arts and culture organization andlor its audiences. An FTE can be one €ul!-time empfayae, twrv half-time employees, four employees wvho y~ork quarter-time, etc. Beek to Calculator Hauseho€d lnvon~e: The total dpUars paid to cvmrnunity residents as a result of the expenditures made by your arcs and culture organization andlor its audiences. HouseAold income includes sa€afies, vaages, and proprietary income. Back is Calculator Gavernmertt Revenue: The total dollars received by your focal and state governments {e.g., license fees, faxes) as a restiit of the expenditures made by your arts and cultaue vrganizaiian andlor its audiences. Back to Calculator LVl~en using estimates derived from this calculator, atv~ays keep the follarring caveats icy mind: {1) the results o€this analysis are based upon the averages of similarly populated comnsunilies, (2) inpudoutput models r~sre customized for each of these similarly populated ccrmrnunilies, providing very specigc ainployrnent> household income, and govemmerst revenue data, and (3) your results are therefore estimates, and should not he used as a subslitule for concrucling an economic impact study tlrat is customized foryoarcommunily. Q Copyright 2007 by Americans for the Arts. svyrwy.Ame r7cans ForTheArts,o~ MEMORANDUM TO: Mayor and City Commissioners FROM: Robert A. Barcinski, Assistant City Manager THROUGH: David T. Harden, City Manager DATE: October 26, 2010 SUBJECT: AGENDA ITEM 8.I. -REGULAR COMMISSION MEETING OF NOVEMBER 2, 2010 SPECIAL EVENT REQUEST/ 22ND ANNUAL DOWNTOWN DELRAY BEACH FESTIVAL OF THE ARTS ITEM BEFORE COMMISSION City Commission is requested to endorse the 22nd Annual Downtown Delray Beach Festival of the Arts sponsored by Howard Alan Events, Ltd. to be held January 15-16, 2011, 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 use of City rights-of-way on Atlantic Avenue from the east side of NE 6th Avenue to Bronson and the Gladiola lot (SE 6th Avenue) for vendor parking, to authorize staff support for security and traffic control, barricade assistance, EMS assistance and to permit an event sign to be erected on Atlantic Avenue just east of I-95 fourteen (14) days prior to the event. BACKGROUND Attached are an event permit application, site plan, budget, Certificate of Insurance and Hold Harmless Agreement for this event. Howard Alan Events, Ltd. will be conducting the 22nd Annual Downtown Delray Beach Festival of the Arts on January 15th and 16th from 10:00 a.m. to 5:00 p.m. This year a portion of the proceeds will be given to the DDA. Mr. Alan is requesting closure of Atlantic Avenue, from just east of NE/SE 6th Avenue east to Bronson. He is also requesting barricading assistance and security and traffic control assistance from the Police Department. Mr. Alan has indicated that he will rent barricades and City staff will install them. I am recommending that we direct vendor parking to the Gladiola lot (NE 6th Avenue). Because of the size of this event, EMS and Inspector services will be required. The estimated overtime cost for City services is $9,960. If security is supplemented at night with private security, these costs can be reduced. Per event polices and procedures, Mr. Alan will pay 100% for these costs, as well as provide for trash removal, clean up and port-o-lets. Signage can be installed fourteen (14) days prior to the event and must be less than 20 square feet. RECOMMENDATION Staff recommends approval of the event, granting of the temporary use permit for the street closure and parking lot use as recommended by staff, providing staff assistance for traffic control and security, barricading, EMS assistance and allowing the event sign to be installed fourteen (14) days prior to the event, with all overtime costs to be paid by the vendor. Approval to include use of the Gladiola lot (NE 6th Avenue) for vendor parking, with City staff installing rented barricades. f ~ _t a ~, City of Delray Beach iV® Special Event Permlt Application JUL 16 2010 DELRAY BEACFt ! t U ~ 1 0 ~ ~-~c~ AOMkI~kSTRATIVImS~RVICES ~ PLEASE TYPE OR PRINT ~~~s ~oa~ Event Natne/Tit1e: 22nd Annual Downtown Delra Beach Festival of the Arts Event Date(s): January 15th & 16th, 2011 Times: Saturday and Sunday: lOAM-5PM Event SponsotlProduccr: Delray Beach Downtown Development Authority Event Contact/Coordinatar: Howard Alan Events Name; Howard Alan Address: 9695 W. Broward Blvd Plantation FL 33324 Telephone Number: (954) 472 3755 Cellular Number; (954) 661-8385 E-mail Address: Info artfestival.com Event DescriptionlPurpose: ~Qutdoor craft festival. Annual; cultural and conununit ~atherin~ opportunity. Brief History of Event {If applicable): This is the 22nd year this festival has been serving this community. Planned Activities (Outline of activities/number of activities, i.e. entertainment, children's rides, games, other prograt~~s): Varied crafters exhibiting and selling their hand-made items. Number of Individuals Served Previous Year {if applicable): 5000 Describe the targeted population and expected attendance: Expected 55001oca1 residents__ are tar eted o ulation. Describe how the program or project addresses community needs: _ Providing a free festival with artists ranging in mediums from_jewerly to sculpture Acts as a communit cultural and civic event. Describe your Marketing/Promotions Program (How will yatt marketlpromote, i.e. TV, radio, posters, flyers, web sites, other}: We will advertise in newspapers, online presence, local television stations word of mouth and flyers Sponsor Category (please check) City r Nan-Profit{Charitable lx Private n Co-Sponsor ~-Non-ProfitfPrivate ^ (If Von profit attrrclt proof of 501 c(3), c(4), c(6}, C(~0), or c(l9) oj• (rl) Event Location (Describe area boundaries of event/location): Starting on E. Atlantic Ave at U.S. Federal Highway {East Side) go over intercoastal bridge and ending on Andrews St. __ _ _ __- Site plan attached: yes x no (Site plat rer~crlrerl for e-t11re evejrt site. Include locations of tents, stage, portabts, dumpsters, portable lighting, and barricade location if applicable.) Rental of Old School Square: yes no x (If yes, attach proof of approval) Private Property Use; yes no x (If yes, attach letter giving authorization from property owner) Event budget attached: yes x no (Rerlirij•ed for all events) Previous year Revenue/Expense summary attached: yes x (Required for ail events) Do you have cash sponsors for the event: yes no (Indicated on budget) Do you have inkind sponsors for the event; yes x no {Indicated on budget) x no C:loocEiments acid SettingsU.isilDesktoplspecial Event Permit Application l:1NAL 9.6.07.doe Serving or selling alcoholic beverages: yes no X (If yes, copy of license artrT alcohol liability irtsurrrrrce required t-vo (2) weelrs prior to event) Event certificate of insurance attached: yes X no (Required itivo (2) tiveehs prior to event rrarrrirtg the City as arlrlitional insurerl, also required far VertdOrSJ Playing of amplified music: yes no X (Waiver regrrirerl} Will there be entertainment: yes no X (If yes, attached list of Performers and/or DJ's) If yes, sponsor agrees all entertainment will be family oriented and contain no obscenities: yes no Requesting Police assistance: yes X no (traffic controlfsecurity) Will supplement wvith private security: yes no X (If yes, need plan rrttaclzerl) Requesting Emergency Medical assistance: yes no X Requesting barricade assistance: yes X no (If no, ho~v are you handling?) Requesting trash removal/elear~ up assistance: yes no X (Will be billed to sponsor) Requesting trash boxeslcontainers and liners: yes___________ no X Requesting stage use: yes no X (If yes, clterk type) Large stage (14' x 36') ^ Small stage (16' x 21') ^ Half small stage {8' x 21'} ^ Requesting signage: yes x no Type: 4'x4'Cvent sign X Parking Signs X Banner hanging indicate dates required (Waiver required if more than one (1) -veelr prier to event) Requesting City Portable Generator: yes no X (If yes, size & po~ver•) Food and beverage vendors: yes x no If yes, approximate number 5-b applying for permit (Health Department approval required) yes a~plying now no. C':1Documents and Seitingsl[.isilDesl:toplspecint Event Pen~3il Application FiNA[. 9.G,(17,doc Other vendors; (Indicate type) yes no X Flame retardant canopies yes X no If yes, Holy marry 300 What size or• size required 10' x 10' (If yes, tent per»rits a~td fire inspections rtrrry be Weer{erl) Will the event include amusement rides: yes nn x (If yes, type am{location curd copy of Iirrbilrty fiasrrrrrnce required, also requires state license cuirl inspection.) Will the event be gated: (Slro>Iv orr-site rraap) yes no X Will there be a charge for the event: yes na x (If yes, it:diccrte ticket prices) Will there be fireworks or other pyrotechnics: yes no X (If yes, contact Fire Marshal to oGttrin attd complete perritit applicrrtrott) Will there be cooking with compressed gas: yes no X (If yes, contact Fire Ma~•s{rat fvr inspections) Will you be providing port-a-lets for the event; yes X no (If yes, locate ott-site rtrap. If no, iru{icrrte lrow yorr evil{ fiarrdle restroorn rreerls) Is reserved parking requested: yes no X (If yes, irrdr'cate locations and propose for use) Event Permit Attachments: X Revemle/Expense Budget X Revenue/Expense Recap Last Years Event x Site Plan Letter Requesting Noise Ordinance Waiver Letter Requesting Waiver Coi:lsumption Alcohol Beverages Proof ofNon-Profit Status X General Liability Insurance Certificate Alcohol Beverage Liability Certificate Proof of Rental Agreement or Authorization Letter from Private Property Owner x Hold Harmless Agreement Submittal Date Requirements: Minor Event 45 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';O~ocuments and Seltin~sll,isilDesktoplSpeciai Cvent Permit Application C1~fAi, 9.b.0'l.dae s~z~~lo Event Contr ct ~•/Coordinator Date Please p>t•lnt: Howard Alan Please enclose the appropriate non_refundable application fee payable to the City of Delray Beach, 100 N.W. 15L Avenue, Delray Beach, Florida 33444. Required with permit application. For Staff Use Only Date Received `7 /G /v Application fee received $ /~ C:tDocuments and SettingslLisilPesktoplSpeciaE Event Permit Application i'1T~fAi. 9.G.~7.doc .._.. .t . ~, w )(X}~ G ~-~ ,. Al ~ ~~ s '" , ~ ~. O o ~' ' ~ ~..r ~ ~' S~~ ~ ~+ Af ...~ _ °' y'~~" -~=' "? . : ' _ ~=; ' Badge '~-• ;,''~.~+. -~,` ~' ~~ ~ , ..,J ~ ' C . ~ ~ ~~~ 1 ~ ~ ~~ ~ ~'i 1 M~.~ ~'„~ .+~~ C3 i ~ C ~' rn ~. ~ ~~ ~ ~ ~ ~ ° ~~~w AMP ~ ~ ~ ~ a ^~1 Port-o-~ets ~ ~~1 ~' ~~ ~ ~~ ~. ~~ .~,~w ~~ ~ ~ ~. ~ ~ '~ ~ . ~ r~~~3oa~~~e~ c~C~ H®ward Alan Evenfs The 22nd Annual Downtown Delray Beach Art Festival January 15 & 16, 2011 PROPOSED BUDGET FOR JANUARY 2011 INCOME: Artist Revenue $82 500 Food Vendor Revenue $4,100 Total Revenue $88,600 EXPENSES: Advertisin Boca Raton News Ex ense $708.50 Palm Beach Post Ex ense $3 250.00 Git Link Ex ense $715.00 Sun Sentinel Ex ense $12 000.00 NBC Ex ense $6 000.00 Sun Sentinel Charities Ad Pro rare Ex ense $2 500.00 Advertisin 5ubTotal $25173.50 Services Permit Palm Beach Count Health Ex ense $25.00 Si na a Ex ase Yourself Ex ense $800.00 Sanitation Able Sanitation- ortolets Ex ense $875.00 Sanitation - 2 3D d dum stets Waste Mann ement -dum stet Ex ense $950.00 Sanitation Tents ~4 Events Ex ense $2,106.00 Barricades Bobs Barricades Ex ense $550.00 Securit Cit Of Delta Beach Ex ense $3,983.00 Rentals Tents ~l Events Ex ense $1 350.00 Li uid Gra hies Ex ense Ex ense $150.00 Pa roll Staff Ex ense $1 500.00 Rental Pro ert Delta Joint Venture Ex ense $15 000.00 Lod in sand meals, travel Ex ense $536.00 Media Related Ex enses Ex ense $1,208.00 Two Million Dollar liabilit ins oiic Ex ense $2,200.00 Administrative Overhead teie hone, mailin s,elc Ex ense $1,100.00 Service SubTotal $32,327.00 Total Ex enses $57 500.50 Show Profit $9 099.50 Howard Alan Events The 21 st Annual Downtown Delray Beach Art Festival January 16 & 17, 201 ~ PROPOSED BUDGET FOR JANUARY 2010 INCOME: Artist Revenue $62 500 Food Vendor Revenue $4100 Total Revenue $66,600 EXPENSES: Advertisin Boca Raton News Ex ense $708.50 Palm Beach Post Ex ense $3,254.00 South Florida News a er Ex ense $715.00 Sun Sentinel Ex ense $12,000.06 WPEC CHANNEL 12 Ex ense $6 000.00 Sun Sentinel Charities Ad Pro ram Ex ense $2,500.00 Advertisin Sub7otai $25173.50 Services Permit Palm Beach Count Health Ex ense $25.00 Si na e AA 5i n Lines Ex ense $800.00 Sanitation Able Sanitation- artolets Ex ense $875.00 Sanitation - 2 30 d dum stars Waste Mana ement -dum star Ex ense $950.00 Sanitation Tents 4 Events Ex ense $2,100.00 l3arricades NES Ex ense $550.00 Cit of t]elra , OIT barricade set u Cit Of C3elra Beach Ex ense $325.00 Securit Cit Of Delra Beach Ex ense $3 983.00 Rentals Tents 4 Events Ex ease $1,350.00 Ll uid Gra hies Ex ense Ex ense $150.00 Pa roll Staff Ex ense $1,500.00 Rental Pro art i]elra Joint Venture Ex ease $15 060.00 Lod in sand meals, travel Ex ense $375.00 Media Related Ex enses Ex ense $1,208.00 Two MilNon ©ollar liabilit ins olic Ex ense $650.00 Administrative Overhead tale hone mailin s,etc Ex ense $1,100.00 Service Sub7otal $30 941.00 Total Ex enses $56 114,50 Show Pro€it $10 485.50 HQLn HAR1'YiLESS AGREEI~EN'T THIS HOLD HAFt:~ILESS A~RE1:yfENT, is enterers into t~,is , 1 ~.. day of ~ u 1~~, 20~vby and between the CITX Q1~' L~ELRAY BEACH, FLpRIDA, a Flgrida municipal corporation (hereinafter referred to as "CITX") and ~OG~~r~~1Gv_r ~Ve-~Y,S_ __ (hereinafter referred to as `'EVENT S~'ON~OR") V~lITNBSSGTH: 'WHEREAS, EVENT SPONSOR seeks to held a special event known as 1 c e c re ~~vr,~to be held on ~~vqr~ i S -~ 1 to Zo t 1 o~ ~lre A~ }s (hereinafter referred to as the "6vent"}; and ~~'HEI~AS, the Event will be held within the City limits of Delray Beach; artd WHE1~A5, the City Commission has determined that sucl~ an Event Prpn,ates the public's health, safety and welfare. NQtiV, THERE~4'QRE, for the mutual covenants and matters set forth Herein, as of the date set forth above, the parties hereby agree as follows: l . The recitations set forth above are incorporated herein. 2, Inclernnification, EVENT SpOi~SOR, for ;ood ar~d valuable cpnsideratian, agrees to defend, indemnii'y, aril hold harmless the CITI', its agents, officers, employees and servants from any and all suits, causes of action or any clairri wl~tsoevzr made, arxd damages, which may result Exam any activity conducted by EVENT SPQNSQR, its agents, ernplo~~ees, a55t~I1:S Or ~prltraCtOr5, tri relation 1o the Event. IN WITNE55 W'I3EREOk`, the parties hereto have entered into this agreement the day and year first written above. ATTEST; By: City Clexk Approved as to I~`ax~n: By: City Attaxney WITNESSES: in o r, ~'ro vt ~prit~t or type narrze) ~~h~ ~ b ;e ~,5~ (prirst or type natn~j STATE 0~ FL012T~.]A COUNTY 0~' ~4?~a~- CI'~X QF DEL1tA'Y ~EACT~, ~LORIIJA, a plarida municipal corporation By; E B Nelaon NcDuffi.e, Mayor ~sEA~-,) The fcoregaing instrument was acknowledged before me this ~ day of „t , 20~Jpby ~}ow~ed ~l~r~ __ _ (Warne of officer ar agen#, title of officer nx• agent) of 1 6~t~a-k5 (name of corporation acknowledging}, a 1~rr {st~tc or place al' incorporation) corporation, pn behalf of the eotpbratian. ~efShc is personally known to me or has produced FtoQib-~ R-VeR, t_;Gei.j$cn (type of identification} as identifcation and did {did coot) take ~~ oath. :... . ,:.,~;,~~;~~,~~~:~~~,~:~az .l ,Y'li~s,~. ~dARK ii. KINNt;Y L ~' "' P,i'r CC7!,1".41SSICN G 1)D 7204$ ~~ E }PkRI-S: Novernb~r 11, 201f F ~ : f; --..ei 7l ~u t;Uary Put"~.c Un~ra~i'.ers Stag' Of i' 101•id~ '~~ °~ CERTIFICATE ~F' LIABILITY INSURANCE s/zz/aoio) PRODUCER (954) 382-4350 FAX s (954) 382-2810 Setnor Byer Insurance Risk - Premier Agents 900 S. Pine Island Road #300 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFER5 NO RIGHTS UPON THE CERTIFICATE HOLDI=R. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIE5 BELOW. Plantation FL 33324 INSUREDS AFFORDING COVERAGE NAIC # INSURED ENSURERA Philadelphia Indemnity Iris . 18058 Howard Alan Events Ltd & American Craft INSURER B;Transportation Ins. Co 2D494 9695 West Broward Boulevard INSURER C: INSURER D: Plantat on FL 33324 INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE SEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO VVHECH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN iS SUBJECT TO ALL THE TERMS, EXCL(}SIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR DD' E E POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS GENERAL LUtBILITY EACH OCCURRENCE $ 1 OOO 000 X COh9AAERCIAL GENERAL LIABILITY PREt~A SES EaEoccurrerlce $ l0O OOO A CLAIMS MADE ~ OCCUR HPK53T067 3/5/2010 3/5/2011 MEDEXA{Anyoneperson) $ 0 PERSONAL & AOV INJURY 3 1 000 000 GENERAL AGGREGATE $ 3 0O0 QOO GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMPlOP AGG $ 3 000 000 X POLICY PRO LOC AUT OMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea accident) $ 1, 000, 000 ANY AUTO A ALL OVJH3ED AUTOS HPK537067 3 /5 /2010 3 /5/2011 BODILY INJURY SCHEDULED AUTOS (Pef pe75on) $ X HIRED AUTOS GODLY INJURY $ X NON~OVtRJED AUTOS (Per accident) PROPERTY DAMAGE id $ (Per acc ent) GARAGE LIABILITY AUTO ONLY-EAACCIDEN7 $ ANY AUTO OTHER THAN FA ACC $ AUTO ONLY: AGG $ EXCESS/UMBRELLA LUtiBILITY EACH OCCURRENCE $ 2 000 000 OCCUR ~ CLAIMS MADE AGGREGATE $ 2 OOO OOO $ A DEDUCT:BLE Hv83aD1t35 3/5/2010 3/5/2011 s X RETENTION $ 10,DO $ B WORKERS COMPENSATION AN O S' WC STAB - OFH- D EMPL YER LIABILITY ANY PROPRIETORIPARTNERlDCECUTIVE ~ E.L. EACH ACCIDENT $ 1 040 OOO OFFlCER114dEMBER EXCLUDE67 (MandatorylrrNH} 018176570 5/1/2010 5/1/2011 E.L. DISEASE-EA EMPLOYE $ 1 000 000 Ifyes, describe ~de€ 5PECL4L PROVISIONS below E.L. DISEASE - POLICY LIMft $ 1 000 000 OTkiER DESCRIPTION OF OPERATIONS/ LQCA170NSlVEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT /SPECIAL PROVISIONS Blanket additionalinsured €or owners, lessors of premises, lessors of leased equipment, sponsors and co-promotors pertaining to general liability per form PI-AS-1010 (04/2004). Blanket waiver of subrogation and primary & noncontributory with regard to General Liability per form Pi~liANU-1(01/00) if required by written aontraot, Blanket additional insured & blanket waiver of subrogation with regard to the Auto Liability if required by written contract per form iL124T0702 .THE FOREGOING STATEMENTS APPLY TO the CITY OF DELRAY BEACH RE: 22ND ANNIfAL D$LRAY BEACH CERTIFICATE HOLDER CANCELLATION City of Delray Beach 100 IQW First Avenue Delray Beach, ~'L 33441 SHOULD ANY OF THE ABOVE DESCRIB ED POLICIES BE CANCELLED B EFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LUIBELITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATNE Cheryl Wr&nik/PHYLLI ACORD 25 (2009/01) INS025 {zoosat) ©1988-2009 ACORD CORPORATION. All rights reserved, The ACORD Hama and logo are registered marks of ACORD IMPORTANT If the certificate holder Is an ARDITIONAL INSUREl3, the policy(ies) muss be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject io the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate bottler in lieu of such endorsement(s). DISCLAIMER This Certificate of Insurance does not constitute a contract between the Issuing insurer(s), authorized representative ar producer, and the certificate holder, nor does it affrmatively or negatively amend, extend or alter the coverage afforded by the policies fisted thereon. aco~o ~5 {zoa9~o~} INS025 ~zooso~~ COMMENTS/REMARKS FESTYVAL, OF THE ARTS JANUARY i5 & i6, 2011. OFREMARK COPYRIGHT 2000, AMS SERVICES INC. 18f 26f2010 17:18 Untitled Document 561-243-1079 DELRAY BEACH D.D.A. v~j PAGE 87/08 rage 1 of 1 ~~ ~-'V V STEP 3: TOTAL ATTIvNC1ANCE (optional) _ _ „_, TOTAL Al-TENDANCE to your organization's arts everlt5 (again, do net use commas); ,75004 ,. ~~Icw.lat~ :~, ;reset - ~. - Total 1~conornic Itn~aact Of: Local State T°t~t FTE Jobs 1~eusehofd ~,pvarnmenk Governrr~ent Expendlturea In°ome Revenue Revonue Nonprofit Arts and Culture ~ $57,606 ~ ~ 1,g ~ $37,811 $i ,961; $2,2Q~0 Organizations: ~ ~ ' Nonprofit Arts and Cu{lure $1,698,750 Q~1,8 $6$9,081, $67,474, ,Y $7~ ~ ~ , Audiences: ~ _ Total Industry 1mpAGt: ~ $1 75t],250 - 46.6 $726,892 $69,435,, $81,317, (Tire Sum of OrAankation~ and AudiCnceu) ' ~ , •Pleas® see the rin below. Definit9ons Total Expendl#ures: The total dollars spent by your nonprofit art9 and culture organization and its audiencesere~rson b tarts s{~anding by arta and Culture audiences is esti~-ated UBeing the average dollars spent p p y event attendees in 51m1larly populated cortlmunities. FTE .tabs: Thetotal numbeQ of full-time equivalent (FTE) jobs in your community that are supported by th® amp oyeer lwn Ma1f-Ems 0mp1Q 2es, fouru mp oye+es tWho wnorlcn 4uari2at me, atc.n FTE can be on® full-time Sack to Calcul9to~ Hnugohntd Income: ar~ganlxat anilandlpoal it6 audiences Household~neamra includes sa ae sltwa9es~and p oprietary incometure ~ ~ r Government T#t® total dollars received by your Iocal and slate govemmsnts tie.g., lioanse fees, taxes) as a result of the ReVenUe; expenditures mad®by your arts and culture organization andlor its audiences. Rgclc to Calculr~ When using o6Umates derived from this calculator, always keep the following caveats In rntnd: tf} the results of this $ uiat®d common td~ie ~n the averages of similarly populated communities, (2? inputlvutput medals were customized fvr each of these slmNarly pop not b f used 8 Sa suhs~tuteifor conducing anleoo o-n c impact study that isV~ tomized fotlYour Commun;~ are ther8[ore 99timaie9, Snd stlould ®popYright 2067 by Americans for the Arts. vcww Am~rir~an~~ That or htt~ ~ ~fwwv{,,ameriaans£cs~~aarts. or~li n fornaatian_sarvicesir. ese~arcl~lserviceslecor~omicrim, .. l 0/~.G12O10 STF~P 1: P(JPtJLATION POPULATEON of your Cpmmunity: 50,440 to 89,999 ST1=P 2: TOTAL ~.XPENS~S (optiorla!) Your f}rganizalion's TQTAt EXPENSES (please do nal use commas): $,57500 , MEMORANDUM TO: Mayor and City Commissioners FROM: Jasmin Allen, Planner Paul Dorling, AICP, Director of Planning and Zoning THROUGH: City Manager DATE: October 28, 2010 SUBJECT: AGENDA ITEM 8.J. -REGULAR COMMISSION MEETING OF NOVEMBER 2, 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 18, 2010 through October 29, 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 Planning and Zoning Board Meeting of October 18, 2010 A. Approved (6 to 0, Connor Lynch absent), a Master Development Plan Modification request to reduce the total number of residential units from 451 to 369 dwelling units, which will include 74 units designated as family workforce housing for Alta Congress, zoned Mixed Residential, Office and Commercial (MROC) and located within the Congress Park Subdivision, west side of Congress Avenue, 1,620 feet south of West Atlantic Avenue. No other appealable items were considered by the Planning and Zoning Board. The following item which was considered by the Board will be forwarded to the City Commission for action: B. Recommended approval (5 to 1, Al Jacquet dissenting) of a conditional use request to allow the establishment of a bed and breakfast inn within the Medium Density Residential (RM) zoning district for the property located at 302 NE 7th Avenue, Individually Designated on the Local Register of Historic Places as The Hartman House. Site Plan Review and A~earance Board Meetin,~ of October 27, 2010 1. Approved (5 to 0, Roger DeCapito and Scott Porten absent), a request for a free standing sign for Congress Square, located at the southwest corner of West Atlantic Avenue and Congress Avenue. 2. Approved with conditions (5 to 0), an eighteen (18) month extension (expiring April 11, 2012) for the Class V site plan approval associated with the construction of a 6,575 sq. ft. sanctuary building (214 seats) for Ebenezer Wesleyan Methodist Church, located at the northwest and northeast corners of SW 6th Avenue and SW 2nd Street. 3. Approved (5 to 0), a Class I site plan modification associated with the installation of a storefront awning for O'Connor's Pub, located on the south side of NE 2nd Street and 90' east of Pineapple Grove Way (210 NE 2nd Street). 4. Approved (4 to 1, George Brewer, dissenting), a Class I site plan modification request associated with the installation of a storefront awning for Lady Katie, located on the north side of East Atlantic Avenue, east of NE 4th Avenue (417 East Atlantic Avenue). 5. Approved with conditions (5 to 0), a Class III site plan modification, landscape plan and architectural elevation plan associated with interior and exterior renovations and conversion of a 2,484 sq. ft. vacant retail building to a new law office, Jason Dailey Law Office, located on the east side of SE 6th Avenue, south of East Atlantic Avenue (35 SE 6th Avenue). Concurrently, the Board recommended that the City Commission approve the following waivers: a) A waiver request to LDR Section 4.4.13(F)(4)(a), to allow an encroachment of 3 inches into the required 5 feet front setback along SE 6th avenue for 40 feet of the existing and proposed porch. b) A waiver request to LDR Section 4.4.13(F)(4)(b)(1), to reduce that portion of the building that requires a setback of 15 feet (minimum) to 2.6 feet. c) A waiver to LDR Section 4.4.13(F)(1)(a), to reduce the required overall minimum height of the building from 25 feet to 15 feet. d) A waiver request to LDR Section 4.6.18(B)(14)(iv)(2), to reduce the minimum transparency surface area on the ground floor for non-residential buildings from the required minimum of 75% of the wall area to 42% transparency along the west (front) elevation. 6. Denied (3 to 2, Rustem Kupi, George Brewer and Shane Ames dissenting), a Class I site plan modification and architectural elevation change associated with 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). Historic Preservation Board Meeting of October 20. 2010 7. Approved (7 to 0), a request for Certificate of Appropriateness for the installation of a new wall sign on a contributing property, located at 44 East Atlantic Avenue. RECOMMENDATION By motion, receive and file this report. Attachment: Location Map ~~~ CITY COMMISSION MEETING - - - - ~T,~~~~~T„ _ _ _ _ N , ',,_ ~ ,' z~ NOVEMBER 2, 2010 ~N~~n,~~ i ~ ~ ~~~ LQCAT~QN MAP ~ ~ ~F~~ ~ acn~E PLANNING AND ZONING DEPARTMENT u P&Z: HPB: A. .ALTA CONGRESS 3. O'CONNOR'S PUB 7. 44 E. ATLANTIC AVENUE SPRAB: 4. LADY KATIE 1. CONGRESS SQUARE 5. JASON DALLEY LAW OFFICE ~. EEE~~iEZER WESLEYAN METHODIST CHURCH 6. ATLANTIC OCEAN CLUB -- D/GITA[ BASE MAP SYSTEM -- MAP REF: S:\Planning & Zoning\DBMS\File-Cab\CC-DOC\11-02-10 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 21, 2010 SUBJECT: AGENDA ITEM 8.K.1 -REGULAR COMMISSION MEETING OF NOVEMBER 2, 2010 CONTRACT AWARD/CHAZ EQUIPMENT ENVIRONMENTAL SERVICES, INC. ITEM BEFORE COMMISSION Request to approve an award to Chaz Equipment Co., Inc. in the amount of $26,176.00 for the Rehabilitation of Lift Station #50's Wet Well, P/N 2010-064. BACKGROUND The Utilities Division requested annual funding for Rehabilitation of Building Lift Station Wet Wells. The division is approved for funding in the amount of $70,000. The award allows staff to continue our annual rehabilitation program, focusing on building stations exhibiting the most deterioration. This request is for rehabilitation of Lift Station 50, located on Lowson Blvd west of Congress Avenue. The station's wet well, lower chamber was rehabilitated approximately six years ago. The chamber was pumped out, cleaned, sandblasted, and finished with Sewpercoat. The applied system is still under a ten (10) year warranty. To maintain this warranty, staff solicited a quote from Chaz Equipment for rehabilitation of the remaining top chamber. Chaz Equipment is the local authorized applicator of Sewpercoat. In addition, Chaz Equipment has an active annual contract with the City for Sanitary Sewer Manhole Interior Rehabilitation, effective through September 30, 2011. Chaz Equipment Co. Inc. quoted the scope of work in accordance with unit pricing under the active Sanitary Sewer Manhole Interior Renovation contract. The scope of work includes by-pass pumping of the station, pressure cleaning, and the installation of the Sewpercoat protective coating. The total cost of work is in the amount $26,176.00. Staff recommends award Chaz Equipment for this project. Their performance history on City projects has been above satisfactory. FUNDING SOURCE Funding is available from account #442-5178-536-68.53, Water and Sewer Renewal and Replacement/ Wet Well Rehab Bldg Lift Station. RECOMMENDATION Staff recommends award to Chaz Equipment Co., Inc. in the amount of $26,176.00 for Rehabilitation of Lift Station 50's Wet Well. ~~y ~f I~l~y ea~r~ ~°. real illllr~o `I~~ .VV. 1~ ~,ve~ntae ~I~~ each, la~ld 33444 ~~~ a~d® °_ ~' -~ ae e~ e~ t~er~g~Pe ,eve., e eat side. ''~! pprecifie ~h~ ~appcar~~ni~, ..,...,..P~ ~, r~~,, ~,~IiVI~,-~~ ,,..~~~~~,~~y~;-~~~~~ f~ar~ge~~ ~~ge 1 cif '9 cka~br'11, 2~1~ Tel: (1) 243-736 'ax: (1) 243-7344 page 19 RE: Bid #2042-37 Sanitary Sewer Manhole Interior Renovation Contract 3`d Year Renewal Dear Mx. Czajkowslci; The City of Delray Beach, an August 34, 2014, approved the contract renewal of the above referenced subject to your company. Term of the one (1) year contract renewal shall be from October Ol, 2010 tp September 30, 2011. Services shall. be ordered via individual purchase orders andlor blanket order releases for the term of the Contract. "The City Manager may renew the contract, at the same terms and canditinns and prices for four (4} consecutive terms of one (1j year subject to vcndor(s} acceptance, satisfactory performance and determination that the renewal will be in the best interest of the City>' Thank you for your interest in the City of Delray Beach. if you have any questions in regard to this matter, please call zna at (561) 243-7161. Si ely, r~~~ Patsy Nad ~,, Purchasing Manager Cc: 7oseph Safford, Finance Director Richard Hasko, Director of environmental Services Victor Majtenyi, Deputy Director of Public Utilities Scott Solomon, Manager Water & sewer Network ~~RVICE ~ERrQRhISP~~C~ ~~ITE~R~~Y ESPOP~DS:~~LE ~NNOIfA €"T~lE ~E/iMWORK a W U J ~+ U G1 .O a ~j ~' u II un IIIIIIIIIIIIIIII C II II ~. r'+C a '~ L i~ u ii r;;`! P ~~ I~~ i - i `.• ~. " r ~J i uw~ ~ duu ` ~ ~y ~ r .. ~ .:~ ~ s~Ti ~ r ,1{,... 4S ~ ~ - F. ' ;il: i ..,~ ~ ~~ I ~~ * , x- _ Y _ t- .~ x~ ~~~~~~~ - .r ~ 00 i .i - n ~.~r ~r+ ~ ~ r _ ~ ~ ~, s<. ~~. - .I - ~ ~3~ -~ ~ r~~ ~~~r .,. ~(, ~,, ', - ~ ~i..~ ~~ ~~ '~ ~ ~~- ~ F ~s;= ' ~_ _ t _ ,. ..,, ~~ ,, r.'" ~, ~~ ..~ ~, ~. ~ ~ .r --~ .,~' ~ ~, ~ i t4 4i ~I M - Y ~~~ J r ~ -IL .~ -i .; '; ` ~ ~~ ~, ;;F~ =' ,~., ~uu > it ~. ..._ ,~ •_ ~ .. m ,. .~k. .. ;,. ~ r, ti --±JL.J -1 ~t ti ~ + y II I P ~ ~ 1 I ~ I ~ } 3^ •~ ~ 1 ~ r I ~ tai 1F ~ ~ 'r • " }~ +i r' ~, S C~~'k ,{ ,° r ~~~ ; FBI ~ x 1 ` 1e y } i ? t_ ~ ~ ' I I ~ ~ w ~ ~ of ~ r ~T - -~` r . -~F i J' ~; - ~ - x_~~ ~i~ r ~..., f - u I - ' i ~ r w ~~ a ,. :" i[i~ ~'^ :~ 3 ' I - J .. fry, r .n - ~."' ~~ I ~ ~ it ~ ~.. ~ ~~. ~ ? ~ ',~, rn:~ ' I, i i lill ~ .din - td' r `~ 'a { ~ . ~f r ~ ~ ° ,p _.i._ ri"f~ ~~ ~. ~.. 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 21, 2010 SUBJECT: AGENDA ITEM 8.K.2 -REGULAR COMMISSION MEETING OF NOVEMBER 2, 2010 PURCHASE AWARD/CHAZ EQUIPMENT ENVIRONMENTAL SERVICES, INC. ITEM BEFORE COMMISSION Request to approve a blanket purchase order to Chaz Equipment Co., Inc. in the amount of $50,000.00 for the Sanitary Sewer Manhole Rehabilitation program under the terms and conditions of the current annual contract. BACKGROUND The Utilities Division requested funding for the annual sanitary sewer manhole rehabilitation program with current year's budget allocation at $50,000. The award will allow us to continue with our annual rehabilitation program. We have identified numerous sanitary sewer manholes in the southwest and northwest areas requiring rehabilitation. The Sanitary Sewer Manhole Interior Rehabilitation contract with Chaz Equipment has been renewed annually. The contract was originally bid and awarded in October of 2002 and has since been renewed every year without increases to unit pricing. Chaz Equipment's performance throughout the years has been consistently outstanding with their proprietary interior manhole renovation product ("SewperCoat") the City's preferred coating system for lift station rehabilitation. To maintain consistency on product application and services on manhole renovations, in June 2008 the City renewed the existing "Sanitary Sewer Manhole Interior Rehabilitation" contract with Chaz Equipment Co. Inc., allowing annual renewals for up to four consecutive years, from October 2008 through September 2012, while maintaining 2002 unit prices. The current contract has been renewed another year, valid through September 30th, 2011. FUNDING SOURCE Funding is available from account #442-5178-536-63.82, Water and Sewer Renewal & Replacement Fund/Sanitary Sewer Manhole Rehabilitation. RECOMMENDATION Staff recommends award to Chaz Equipment Co., Inc. in the amount of $50,000.00 for the annual Sanitary Sewer Manhole Rehabilitation program. RE: Bid #2042-37 Sanitary Sewer Manhole Interior Renovation Contract 3`d Year Renewal Dear Mx. Czajkowslci; The City of Delray Beach, an August 34, 2014, approved the contract renewal of the above referenced subject to your company. Term of the one (1) year contract renewal shall be from October Ol, 2010 tp September 30, 2011. Services shall. be ordered via individual purchase orders andlor blanket order releases for the term of the Contract. "The City Manager may renew the contract, at the same terms and canditinns and prices for four (4} consecutive terms of one (1j year subject to vcndor(s} acceptance, satisfactory performance and determination that the renewal will be in the best interest of the City>' Thank you for your interest in the City of Delray Beach. if you have any questions in regard to this matter, please call zna at (561) 243-7161. Si ely, r~~~ Patsy Nad ~,, Purchasing Manager Cc: 7oseph Safford, Finance Director Richard Hasko, Director of environmental Services Victor Majtenyi, Deputy Director of Public Utilities Scott Solomon, Manager Water & sewer Network ~~RVICE ~ERrQRhISP~~C~ ~~ITE~R~~Y ESPOP~DS:~~LE ~NNOIfA €"T~lE ~E/iMWORK CITY OF DELRAY BEACH PURCHASING OFFICE 100 N.W. '1st AVE DELRAY BEACH, FL 33444 {661) 243-7163 BID NO. #2002-37 1NV1TATlON TO BID DATE: July 23, 2002 TITLE: Sanitary Sewer Manhole Interior Rehabilitation BIDS MUST BE RECEIVED ON OR BEFORE: Tuesday, Augus# 27, 2002, prior to 3:00 gym. at which time all bids will be publicly opened and read. INVITATION TO BID This Invitation to Bid, General Conditions, Instructions to Bidders, Special Conditions, Specifications, Addenda andlor any pertinent document farm a part of this bid and by reference. are made a part thereof.. PURPOSE:- It is the purpose and intent of this Invitation to secure bids for item(s) andlor services as listed herein far the City of Delray Beach, Florida, hereinafter called fhe CITY. SEALED BIDS: Sealed bids will be received in the Purchasing Office until the date and Time as Indicated above. Bids will be opened publicly in City Hall and all bidders and general public are invited and encouraged to attend. All bids shall be submitted In sealed envelopes, mailed ar delivered to the City of Delray Beach, Purchasing Office, 100 N.W. 1st Avenue, Delray Beach, Florida 33444. Outside of envelope shall plainly identify bid by: BiD NUMBER, TITLE, AND DATE OF SID OPENING. It is the sole responsibility of the bidder to ensure that his or her bid reaches the Purchasing Office on or before the closing date and hour as shown above. RETURN ONE COPY OF ALL BID SHEETS. Any failure an the part of the supplier to comply with the ensuing conditions and specifications shall be reason far termination of contract. CITY'S ACCEPTANCE: Unless otherwise specified herein, the bidder will allow a minimum of sixty (60) days from the task date for receiving of bids for acceptance of its bid by the City Manager andlor City Commission. AWARD: The City reserves the right to waive minor variations to specifications, inforrnalilies, irregularities and technicalities in any bids, to reject any and all bids in whole or in part, with or without cause, andlor to accept bids that in its judgment will be for the best interest of fhe City, as further stated in Paragraph 1f of General Conditions. GENERAL CONDITIONS, INSTRUCTIONS AND INFORMATION FOR BIDDERS ~, SUBMISSION AND RECI=IPT OF BIDS: A. Bids, to receive consideration, must be received prior to the specified time of opening as designated in the invitation. B. Unless otherwise specified, bidders MUST complete all questions and price blanks in the spaces provided in this Invitation to Bid. Failure to do so may cause your bid to be rejected. However, you may attach supplemental information. C. Bids having any erasures or corrections MUST be initialed by bidder in ink. Bids shall be signed in ink. All prices shall be typewritten or filled in with pen and ink. D. All bids MUST be signed with khe firm name and by an officer or employee having the authority to bind the company or firm by hislher signature. QUANTITIES OR USAGE: Whenever a bid is solicited seeking a source for a specified time for materials or services in the quantities or usage shown, these quantities are estimated only. No guarantee or warranty is given or implied by the City of Delray Beach as to the total amount that may ar may not be purchased from any resulting contracts. These quantities are for bidders' information only and will be used for tabulation and presentation of bid. 3. PRICES: A, Bidder warrants by virtue of.bidding that prices, terms; and conditions quoted in his bid will be firm far acceptance for a period of sixty (60) days from the date of opening unless otherwise stated by the City or bidder. B. Prices should be stated in units of quantity specified in the bidding specifications. In case of discrepancy in computing the amount of the bid, the unit price(s) quoted will govern. C. Consideration in awarding bids for term contracts will be given first to bidder offering firm prices subject to market price reduction and second to bidder offering firm prices for full contract period. If at any time during the period of this contract, the City of Delray Beach is able to purchase the items andlor services at prices less than our contract price, the successful bidder shall meet these prices and in the event of his failure to do so, the City of Delray Beach may negotiate for a new contract on the open market. D. The City reserves the right fo purchase items on state contract if such items can be obtained on the same terms, conditions, specifications and in the best interest of the City. E. Bidders may offer a cash discount for prompt payment. However, such discounts will not be considered in determining the lowest net cost for bid evaluation purposes. Bidders should reflect any discounts to be considered in the bid evaluation in the unit prices bid. 4. DE#_IVERY: A. All Items shall be delivered 1=.0.6. destination, and delivery costs and charges included in the bid price. Failure to do so may be cause for rejection of bid. 2 B. Time will be of the essence for any orders placed as a result of this bid, Purchaser reserves the right to cancel such orders, or any part thereof, wifhout obligation if delivery is not made at the time(s) specified on bid form. 5. BRANDr NAMES: If and whenever in the specifications a brand name, make, name of any manufacturer, trade name, or vendor catalog number is mentioned, it is for the purpose of establishing a grade or quality of material only. Since the City does not wish to rule out other competition and equal brands or make, the phrase OR EQUAL is added. However, if a product other than that specified is bid, it is the vendor's responsibility to name such product within his bid and to prove to the City that such product is equal to that specified. 6. QUALITY: ' AI! materials used for the manufacture or construction of any supplies, materials, or equipment covered by this bid shall be new, The items bid must be new, the latest model, of the best quality, and highest grade workmanship. 7. SAMPLES:. Samples, when requested, must be furnished free of expense to the City and if not used in testing or destroyed, will upon request within thirty (3t)) days of bid award be returned at bidder's expense. 8. ACCEPTANCE: The material :delivered under.=this proposal: shall- remain theproperty of the seller until a;physical inspectiom'and actual usage of this material andlor service is~made•and thereafter,accepted~to the. satisfaction of the Ciry and must comply.with the terms herein; and be fully in accord with specifications and of the highest quality. In the event the material andlor services supplied to the City is found to be defective or does not conform to specifications; fhe•. City: reserves the ,right<ao cancel ,the order: upon written notice to the seller and refurn product to seller at the seller's expense. 9. DEFAULT PROVISION: In case of default by the bidder ar contractor, the City of Delray Beach may procure the article or services from other sources and hold the bidder or contractor responsible for any excess costs occasioned or incurred thereby. 1d. COPYRIGHTS OR PATENT RIGHTS: Bidder warrants that there has been no violation of copyrights or patent rights in manufacturing, producing, or selling the goods shipped or ordered as a result of this bid, and seller agrees io hold the City harmless from any and all liability, loss, or expense occasioned by any such violation, 11. COMPLIANCE WITH SAFETY STANDARDS: A. All equipment, machinery, electrical appliances, cords and apparatus shall comply with all provisions of the Florida State Safety Standards. 13. Whenever a bid is sought and services secured for any type of on-site construction the awarded bidder shall remove from the work site at the end of each working day all rubbish and waste debris resulting from his operations, The awarded bidder shall also secure the work site before leaving at the end of each wor[cing day. 12. MANUFACTURER'S CERTfF1CATION: The City of Delray Beach reserves the right to request from bidders separate manufacturer certification of all Statements made in the proposal. 13. SIGNED BID CONSIDERED AN OFFER: This signed bid shall be considered an offer on the part of the bidder or contractor, which offer shall be deemed accepted upon approval by the City Manager andlor City Commission of the City of Delray Beach and in case of default on the par# of the bidder or contractor after such acceptance, the City of Delray Beach may take such action as it deems appropriate including legal action for damages or specific performance. 14. LIABILITY, INSURANCE, LICENSES AND PERMITS: A. PlwRMITS: Where bidders are required to perform work on City structure(s) or property as a result of bid award, the City will waive the cost far permits. Contractor shall pay for permifs for all oilier work. B. LICENSES: If you are not licensed to perform work In the City of Defray Beach you MUST obtain an Occupational License before a Notice To Proceed will be issued. C. I_1ABILITY INSURANCE: The City .prefers the insurance and bonding companies have a BEST Rating no less than A-, Vil or better. if you have any questions regarding the City's Insurance andlor Bond requirements, please; contact the City's Risk. Management Office at (561) 243-7150. See pages 14 & 15 for insurance Requirements. A "sample" certificate has been attached. 15. SPECIFICATIONS: '~'~ A. For purposes of evaluation, bidder must indicate any variances from our specifications andlor conditions, NO MATTER HOW SLIGHT: If variations. are. not stated in .the proposal, it will be assumed ihat the product or service fully complies with our specifications. B. Any omissions of detail specifications stated herein that would render the~materiallservice from use as specified will not relieve the bidder from responsibility. 16. AWARD OF CONTRACT: The City of Delray Beach reserves the right to accept any Bid or combination of Bid alternates which, in ilia City's judgment will best serve the City's interest, reject any and all Bids, to waive any and all informalities andlor irregularities, and to negotiate contract terms with the Successful Bidder, and the right io disregard ail non-conforming, non-responsive, unbalanced or conditional Bids. The City reserves. the right to reject any or all Bids, or any par# of any Bid, to waive any informality in any Bid, and to award the purchase in the best interest of the City. Discrepancies In the multiplication of units of Work and unit prices will be resolved in favor of the unit price. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. 17. TAXES: The City of Delray Beach is exempt from any sales tax imposed by the Slate andlor Federal Government. Exemption certificakes certified on request. State Sales Tax Exemption Certificate No. 60-08-116241-54C appears on each purchase order. 4 18. FAILURE TO B1p: if you do not bid, return "Statement of Na Bid Form' and state reason. Otherwise, YOUR NAME MAY BE REMOVED FROM OUR MAILING L1ST. 19. EXCEPTIONS TO CONDITIONS,1 THRU 18 (Boiler Plate} Any time Bid Specifications differ from the General Conditions, Bid Specifications and Special Provisions will prevail. 20. RENEWAL: The City Manager may renew the contract, at khe same terms, conditions, and prices, FOUR consecutive term{s) of ONE year{s) subject to vendor acceptance, satisfactory performance and determination that renewal will be in the best interest of the City. 21. ANTI-COLLUSION: A. Bidder certifies ihat this bid is made without prior understanding, agreement, or connection with any corporation, firm ar person submitting a bid for the same materials, services, supplies, or equipment and is in all respects fair and without collusion or fraud. B. No premiums, rebates or gratuities permitted; either with, prior to, or after any delivery of material or provision of services. Any such violation may result in contract cancellation, return of materials or discontinuation of services and the possible removal from the vendor bid list {s). 22. CONI=LICT OF INTEREST: A." . `Bidder declares and certifies that no officer, employee or person whose.. salary._is payable in whole or part~fram the City of Defray Beach is directly or indirectly interested in this bid or in the supplies, materials, equipment or services to which it relates or in any portion.of the profits hereof; or B. The award is subject to provisions of State Statutes and City Ordinances.' All bidders must disclose with their bid the name of any officer, director or-agent who is also an employee of the City of Delray Beach. Further, all bidders must disclose the name of any City employee who owns, directly or indirectly, an interest of ten percent (1t)} or mare in the bidder's firm ar any of it's branches. 23. NON-DISCRIMINATION: The Bidder shall not discriminate against employees or applicants for employment because of race, creed, color, religion, sex, age, handicapped status, disabilities, or national origin. The Bidder will endeavor to ensure that applicants are employed and that employees are treated during employment, without regard to their race, creed, color, religion, sex, age, handicapped status, disabilities, or national origin. Such action shall include but not be limited to the following: employment, upgrading, demotion, or transfer; recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training including apprenticeship. The bidder agrees to past in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. These provisions apply io al! subcontractors and ik is the responsibility of the subcontractors to be in compliance. 5 f 24. DISCRIMINATION: An entity or aff+fiate who has been placed on the discriminatory vendor list may not submit a bid on a contract to provide goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of rea! property to a public entity, may not award or perform work as a contractor, supplier, subcontractor, or consultant under contract with any public entity, and may nat transact business with any public entity. T' , STANDARD FORM OF AGREEMENT BETWEEN CITY AND CONTRACTOR THIS AGREEMENT made this day of 20~, by and between the CITY OF DELRAY BEACH (hereinafter called CITY) and Chaz Equ~.pment co. Inc. (hereinafter called CONTRACTOR). WITNESSfTH: The CITY and the CONTRACTOR in consideration of the mutual covenants hereinafter set forth, agree as follows: 1. The undersigned CONTRACTOR hereby represents that he has carefully examined all Contract documents, .and .will. perform the contractual requirements pursuant to all covenants and conditions. 2. The CONTRACTOR; as evidenced bye ~ the execution ~of ~ this contract, acknowledges that it has examined ~ the:physical., characteristics ~.of the ,job requirements. The CONTRACTOR further acknowledges tha# the bid price includes all costs and expenses required for the satisfactory completion of the contracts requirements. 3. The contract between the CITY and the CONTRACTOR include the following documents which are attached hereto and incorporated herein by reference of the following: CONTRACT DOCUMENTS Invitation to Bid Standard Form of Agreement Corporate Acknowledgment Certificate Insurance Requirements Sample Insurance Form Drug Free Work Place Certification Specifications Proposal {Schedule of Pricing) Bid Signature Page PAGE NUMBERS 1-6 7-'I1 12 13 14 15 '! 6 17 - 2~4 25-26 27 CONTRACT DOCUMENTS (cont'd) Statement of No Bid References PAGE NUMBERS 2$ 29 Addenda numbers n a to ~,~.._, inclusive, and any modifications, including Change Orders, duly delivered after execution of this Agreement. 4. The term of this contract sha11 commence an the date indicated on the Notice #o Proceed. 5. This agreement shall be governed 'by the laws of the State of Florida as Now and hereafter in force. The venue for actions arising out of this agreement shall be Palm Beach County, Florida. 6. All notices, requests, demands, and other given if personally delivered or mailed, certified mail, return receipt requested~to the following.addresses: ,, '~ As to City: ' City of Delray Beach, FL ~ 00 NW 1st Avenue Delray Beach, FL 33444 As to CONTRACTOR: Chaz F ui merit o 3380 Fairlane Farums Road. ~~h We1linQton, Florida 334x4 7. The CONTRACTOR shall not, without prior written consent of the C1TY, assign any portion of its interest under this contract and, specifcaliy, the CONTRACTOR shall not assign any moneys due or to become due without the prior written consent of the CITY. 8. The CITY and the CONTRACTOR each binds himself, his partners, successors, assigns and legal representatives to the other party hereto in respect to all covenants, agreements and obligations contained in the contract documents. s ~~ 9. In consideration of ten dollars ($10.00) and other valuable consideration, the CONTRACTOR shall defend; indemnify and save harmless the CITY, ifs- officers, agents and employees, from or on account of any liabilities, damages, losses and costs received or sustained by any person or persons by or in consequence of any negligence (excluding the sole negligence of the ClTY), recklessness or intentional wrongful misconduct of the CONTRACTOR and any persons employed or utilized by the CONTRACTOR in the performance of this Project. CONTRACTOR agrees that negligent, reckless or intentional wrongful misconduct includes, but is not limited to, use of any improper materials or liabilities, damages, losses or costs caused by or on account of the use of any improper materials. CONTRACTOR agrees that negligent, reckless or intentional wrongful misconduct also includes but is.not limited`to the~violation of.any Federa}, State, County or City laws; ~`by-laws; .ordinances; or.~ regulations by the CONTRACTOR, :his, subcontractors, agents, servants. or employees. CONTRACTOR further agrees to defend, indemnify and save harmless the CITY from all such claims and fees, and from any and- a!l suits- and actions of every name and description that may be brought against the CITY on account of any claims, fees, royalties, or costs for any invention or patent, and from any and all suits and actions that may be brought against the CITY for the infringement of any and all patents or patent rights claimed by any person, firm, or corporation. The indemnifcation provided above shall obligate the CONTRACTOR to defend at his own expense or to provide for such defense, at the CITY'S option, any and all claims or liability and all suits and actions of every name and description that may be brought against the CITY which may result from the operations and activities under this Contract whether the construction operations be performed by the CONTRACTOR, his subcontractor or by 9 ~. anyone direc#ly or indirectly employed by either. This indemnification includes all costs and fees including attorney's fees and costs at trial and appellate levels. } The CITY will pay to the CONTRACTOR the specific consideration of ten dollars and other good and valuable consideration as specific consideration for the indemnification provided herein. Furthermore, the CONTRACTOR acknowledges that the bid price includes said consideration for the indemnification provision. 10. This Agreement sha11 be considerecJ~~null and void unless signed by both the CONTRACTOR and the CITY. 11. The contract documents constitu#e the entire agreement between the CITY and the CONTRACTOR and may only be altered, amended or repealed by a duly executed written instrument. ~, '• ~ o IN WITNESS WHEREOF, the parties hereto have executed this Agreement, the day and year first above written. ATTEST: City Clerk CITY OF DELRAY BEACH, FLORIDA David W. Schmidt, Mayor Approved:as to form: ~ n lfA~f~ .S _ - , l c' ! ?City Attorney ~ P~ ~~~'}~~ WIT ES ~ ~ (Prink or type name and title) cor BY: U ~~ (Print or type name and title) (SEAL) ll CORPORATE ACKNOWLEDGMENT STATE OF ~ ~ COUNTY of ~ e foregoing instrument was acknowledged before me this ~ d day of I, •-~ ~ 20~~ by ~~ ~t (name of officer or-agent, #itle of officer or agent), of i~t ~ (state or place of incorporation) corporation, on behalf of the corporation. HelShe is (personally known to me) (or has produced iden#ification} and has used hislher ~- , (type`of ic~tific~~~on}.as.identification. Si~n~ture of Pers Acknowiedgment ` ~~ Name of Acknowledger Typed, Printed or Stamped ~xw~,,.~ ~~ y Ih~yV~V pM~AppU.NM1JII ~ ryW1y~~ INI~//y~/~'~lK~.:i ~+ . Gr~f1GJ. ~~ ~+~. ClM7 v%a°„~„Tn~~` BadedThrui7apryP~bfcUndenerien 12 CERTIFICATE (if Corporation) STATE OF FL RIDA ) ~) SS COUNTY OF [~~.~% ) _ . ,- - HEREBY CERTIFY that a meeting of the Board of Directors of ` ~~~ ,~ {~G ~ _, a corporation under the laws of the State of held on D , 20 D~he following resolution was duly passed and adop "RESOLVED"; th t - -~ : F~,,.as: ~, President of the corporatio , he/she is hereby authorized to execute the Agreement dated,; ,.20 ,between the City of,Delray.Beach, Florida and this corporation, and~that his~~xecut'iorithereof;:attested by the:Secretary of~.thd~Corporation and ~ .: . with corporate sea! affxed, shall be the official act and deed of this corporation". furtFier certify that said resolution is .now: in full`.force and effect.: !N WITNESS WHEREOF, 1 have hereunto set my hand and affixed the official seal of the corporation this ~~ day of , 200c~- (S cretary) (Seal) - 13 INSURANCE REQUIREMENTS A. GENERAL. During the term of the contract with the City, the contractor shall procure and maintain insurance of the types and to the limits specified in paragraphs {~I) to {4) inclusive below. S. COVERAGE Except as otherwise stated, the amounts and types of insurance shall conform to the following minimum requirements: 'f. Worker's Com ensation -Coverage to apply for all employees for Statutory Limits in compliance with the applicable State and 1=ederal Laws. In addition, the policy must include Employer's Liability with a limit~if~$~00,000 each accident. 2. Com rehensive General Liabilit -Coverage must be afforded on a farm no more restrictive than the latest edition of the Comprehensive Genera! Liability Policy filed by the Insurance Services Office and must include: a) Minimum limits of $300,000 per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability. b) Premises andlor Operations. c) Endependent Contractors. d} Products andlor Completed Operations. e) : No exclusion for Underground, Explosion or Collapse hazards. ~. r 3. Business Auto Polic -Coverage must be afforded on a form no more> restrictive-than the latest edition of the Business Auto Policy filed by the Insurance Service Office and must include: a} Minimum Limits of $300,000 per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability. b} Owned Vehicles. c) Hired and Non-Owned Vehicles. d) Employer Non-Ownership. 3. Certificate of Insuranoe -Certificates of all insurance evidencing the Insurance coverage specified in the previous Insurance Administrator prior to commencement of work. The required certificates of insurance shall not only name the types of OliCleS rovided but shall also refers ecificall to this bid and section and the above ara ra hs in accordance with which such insurance .is bein furnished and shall state that such insurance is re aired b such ara ra hs of this contract. The successful bidder will include the Cit of Delra Beach as additional insured. If the initial insurance expires prior to the completion of the work, renewal certificates shall be furnished thirty {30) days prior to the date of expiration. Also, under the Cancellation section of the Insurance Certification the words "endeavor to" and "but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents or representative" shall be crossed out as indicated on the attached "Sample of Insurance Certificate". t4 :~ ~a 5612437166 CIiY ~ DELRAY BEAC}~ B'70 P08 DEC 21 '80 10:23 :.J - ~ • noon ~sv,~AZ~c~, zHC_. P.Q. PO% MI BESx cY~st, us.A OOp00 u~TSUr~D LIILLXHG WOR)~S ASSOC. ABC DRzV~ AHY'TONi`7, uSA 000(31 ~: .; THIS CSFiTIFICAiE tS ISST1EO AS A YA7Y?:q OF IHFQRftA~0i10ldt.Y AHD CONFERS Ha f11WiTS bPOH THE CEiiTiRCAT'Jr iIOLAETL THts CERTTF7CATE DOES FtOT Al~IE1{p, EXTEHq OR ALTEq THE COYEAAOF:.AFFOFtt?fD 8Y TH@ POtJQE6 Bq.oW. COMAAIVIES AFFORDING COV~RAG~ f'- }. ' ~~ COrwAHY A ItIGEiT (,tl6$D ~SURAtZCE Cp_ 4~=r~~ LErTT:s+ 1~`.'~"_ I.E~i'r~ ~ CUMI'LExE CO~fERAGE xNSQR,aNCE C4. ~ C caMPMrY ~ [,Er'fEA CO-ePASiY LE71EA~-- ~. ' THIS IS TO CEri~TFY THAT Pti[~ {~ Of gtSlliiAteC~ ~p g~~y~yE ~j~ lSSVEDTO T'HE kf$Uit~p k 1.rrED A.80YE FOA THE POLICY PEiup0iH0iCA7E0 NOTWiTHSTA,tfTNN4 AH1' R£4UU iF1at:-tT. TfAxl OR COHOlT1pH OF AHY OON7TtAGT OR OTHER nOCiFMEH7 Y ' BE 155UE0 Oft I.t/.Y PEATAiH, Tl ~ TH]HS OF S H , IITH RESPECT TO WHfCH T11tS C>rKTIAGIT'E rIAY INSeJA/IFTC:E A,FFOHAl;D BY t,4E P4LfC=ES DES~iBED HEpt:iH tS SUBJECT To At L THE TfUtus E POL~g, UC , , XCLUSIONS. A?iD C#!04 ~ 1' 7YPE OF INSURANCE PULiGY HUMB£A ~~ f~{~ C1T[ t-+~+~CC'rYl r'0.uY b~llpry LN64lM RIi.11TS IN TNOUSAHDS A GENERAL LueluTY wrt (muoDmq r .. ~ rt.- ~• Acn OCC4RREF+C KAREGAte • g LOh1PREHEHSiVE WRAT GI.P077ba~ 3-O1-9o 301-g1 ~ Y S S )C IrAEMCsFS,oPErtAnaiS X a occiJ~SE lut~l P E~ , 5 . TSOOiTGTS~IP~ET~O OPEiz1T10 IS t•~~ ~ COHTTU+CTLv~ ~ ` ~ s sro co~nwsD 5 300 5 300 7C IriOEPExoE1~r co~kT'r~croASi: , , 6TI~A FORr t PR P '~ ~ O ERTY T3A4fAGE; PEASOtTAJ_ IHRIAY P@cl$pNAL MLIVRY ~ . A AUTOAIOSILE LlABIi.TYY arnr urTO 11x.p07~bp5 3-01-90 3-0191 ~* ' S • . ALL OKIHEO AUTO$ (PRN. PASS.) - ALl Ot'1ltED AUTOS rOTHER Tow }} l PAN PASS J r[txr ~.rm ' . . PP +WOF)il} ~ IaRE4 AUTOS ' HOH~YNEB ABTDS fir" ~ • G~A4GE !Il,8gjT7 t 6 $ 3oa ~~ LIAOnJT-Y . ~ FflRM °+o S 5 UiHER THA4 UFABAELtJ~FpR1R woRlc~s~ CWIPfill3AT10N CLPQ77511b 3-03.-90 ~~nnoaY ._ .:~, ; •~•r $ AHD 3-01--9L ~. $ (~, ACCOEtrn'...;.- EMPLOYERS' LIABILITY '.~`~ $ (OrSEASE'POIIGY LL51ifl e }~ 5 F05E0.TE-fACHEhAPtO~rEF1 OTHER ESCA4'T1QN OP OPET~l77oNSrt.pp1. rrEulT nce at ou sect ba must xca ex,~CC y THLS XNSEJRANCsE AF3'Lx',bBLE ',£0 (crate project) as ~exov_ Cross out indicated Troxdiing *Cx~ Ole DE~.YtAY BP.AiC1 iS AnDYZZ(~1~, X2iS1oR~ & provide 30 days Trr.~tF:eu aotice) . . st+oUtn ~HV or: Trl~ ~8ov>= DresEa PauCtes e>: c~-rH~u~o >s~r~ me: na cxT~ OF DELILAY $$AC3 PIRATt~ p~TH THElIEOF. THE 186 INO COEIPAHY WILL ~ '43~i S . $~~OH ~VE~ ~ IAATL •~~~u+ OAYS wRITTF]I lIO1KE to ~ CERTTFlC,!-TE HOlDF1t ltAl~lm To 7'ttE . DF.~.RAY • BLACS, PLOILY]A 33444 ~~ ' ~~ ~ ~ I~va~ssrrrAr~ ~ ... DRUG FREE WORKPLACE CERTIFICATION If identical tie bids exist, preference will be given #o the vendors who submit a certification with their bidlproposal certifying they have adrug-free workplace in accordance with Section 287.087, Florida Statutes. The drug-free workplace preference is applied as follows: IDENTICAL TIE BIDS: Preference shall be given to businesses with drug-free workplace programs. Whenever two or more bids which are equal with respect to price, quality, and service are received by the State of by any political subdivision for the procurement of commodities or contractual services, a bid received from a business that certifies that it has implemented adrug-free workplace program shall be given preference in the award process. Established procedures for processing tie bids will be followed if none of the tied vendors have a drug-free workplace program. As the person authorized to sign this statement, I certify that this firm complies fully with the following requirements: ~} This firm publishes a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2) This firm informs employees about the dangers of drug abuse in the workplace, the busiriess's.;~policy, of maintaining a -.drug-free workplace, any- available drug .counseling, rehabilitation; and employee assistance programs, ands the ,penalties that may. be ,imposed upon employees for drug abuse violations. 3) This firm gives each employee engaged in providing the commodities or contractual services, that are under bid a copy of the statement specified in subsection ('i). 4) In the statement specified in subsection (7}, this firm notifies the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or polo contendere to, any violation of chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5} days after such conviction. 5} This firm imposes a sanction on or requires the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, by any employee who is so convicted. 6} This firm will continue to make a good faith effort to maintain drug-free workplace through implementation of this section. ~ . ~y ~~~ ~ ~p ,~h ~ ~ ri71 t i ~1 l~~~-~-t~L~. Contractor's Name r~e~ ~~k; 16 CITY OF DELRAY BEACH BID #2002-37 SANITARY SEWER MANHOLE INTERIOR REHABILITATION ANNUAt_ CONTRACT B!D SPf=CiFICATIONS PART 1: GENERAL 1.01 SUMMARY A. This specification shah govern all labor, materials;`equipment and appliances necessary for sanitary sewer manhole interior rehabilitation for the purpose of eliminating infiltration and inflow, providing corrosion protection, repair of cracks and voids and restoration of the structural integrity of the manhole as a result of the application of a monolithic fiber-reinforced structuraElstructurally enhanced pure calcium aluminate cementitious liner to the wall, ceiling and bench surfaces of concrete, bricl< or any other masonry construction material. 9.02 SUBMITTALS A. Submit manufacturer's material data_ and application and installation instructions for ail products used. B: Provide documentation that the proposed manhole rehabilitation process has a minimum 5 year - history-forreconstructian of sanitary.sewer manholes.on projects of;similar size and scope. 1.03 QUALITY ASSURANCE A. Use, mix, apply and cure- all products In accordance:with the manufactures: recommendations and instructions. B. Provide recommended daily or per lot test specimens for compressive strength and other testing per applicable ASTM standards: PART 2: PRODUCTS 2.01 MATERIALS A. Patching Mix: 1. Aquick-setting, fiber-reinforced, calcium aluminate-based cementitious material for patching and filling voids and cracks. 2. Material shall have the following minimum requirements Compressive Strength ASTM C-109 6 hr 1,400 psi Shrinkage ASTM C-596 0% at 90% R.H. Bond ASTM C-321 28 day 150 psi Cement Sulfate resistant Density, when applied 105 + 5 pcf B. Infiltration Control Mix: 1. Arapid-setting cementitious product specifically formulated for lnftliration control. l7 2. Material steal[ have the fallovring minimum requirements: Compressive Strength ASTN C-109 1 hr 600 psi ~ . Compressive Strength ASTM C-109 24 hr 1,000 psi Bond ASTM C-321 1 hr 30 psi Bond ASTM C-321 24 hr 80 psi C. Grouting Mix: 1. A rapid setting cementitous grout specifically formulated for stopping very active infiltration and filling voids. 2. A rapid setting chemical grout specifically formulated for stopping very active infiltration. D. Liner Mix: 1. Afiber-reinforced pure-fused calcium aluminate cement and calcium aluminaie aggregate to be wet mixed and low pressure spray applied to form the structuraVsiructurally enhanced monolithic cementitious liner covering all interior manhole surfaces. Liner material to be Lal=arge SewperCoat PG or apre-approved equal. 2. Material shelf be pre-mixed and specially formulated to withstand H25 (hydrogen sulfide) bacterial corrosion and abrasion in sewer nehrvorks. 3. Material shall have4he following minimum requirements: Compressive Strength ASTM C-909 6 hr 1,400 psi Compressive Strength ASTMC-495 1 day > 8,000 psi Compressive~Stirength: ASTMC-495 7 day > 9,000 psi Compressive Strength ASTMC-495 28 day > 9,000 psi Flexural Strength ASTM C-293 12 hr > 9,000 psi 1=lexural Strength ASTM C-293 28 day > 1,400 psi Shrinkage ASTM C-596 0 percent at 95% R.H. E. Bonding Compound: Material shall be a modiFed cementitious bonding compound that protects exposed reinforcement steel and enhances bond of overlay to substrate. F. Water. Water shall be clean and potable. PART 3: IEXECUTiON 3.01 MANHOLE PREPARATION A. Place covers over sewer inverts to prevent extraneous material from entering the sewer lines. B. Remove foreign loose and unsound concrete arid masonry material not able to be removed by high pressure water spray may require the use of mason's or mechanical fools for removal. C. Loose, unsound, and prafruding concrete and masonry material not able to be removed by high pressure water spray may require the use of mason's or mechanical tools for removal. D. Clean the interior surfaces of the manhole with high pressure (3,500 psi minimum} water spray, using detergent, muriatic acid, antibacterial agent or other chemicals to remove grease, oil and other contaminants that would prevent goad bond between the existing manhole interior surface and the liner material. 18 E. Active hydrostatic leaks (infiltration) shall be stopped using the rapid-setting specially formulated infiltration control mix. F. Very active hydrostatic leaks (infiltration) shall be stopped using one of the rapid-setting grouting mixes specially formulated for control of very active infiltration. G. Clean and prepare exposed reinforcement steel, and apply and cure bonding compound, in accordance with the product manufacturer's instructions and recommendations. H. Prepare cracks and voids to be patched and filled, and apply and cure patching mix, in accordance with the product manufactures instructions and recommendations. 1. Areas of manholes that are found io be structurally damaged and in need of repair beyond the scope of this specification shall be brought to the attention of the Engineer. A suitable repair method shall be developed for each area and submitted to the Engineer far review prior to commencing the repair. J. Prepare, clean and repair manhole benches and inverts in the same manner as prescribed above. 3.02 LINER APPLICATION, CURING AND TESTING A. Prepare manhole surfaces, wet batch-mix liner material, low pressure spray apply liner mix to manhole ceiling, wall and bench surfaces and allow liner to cure in accordance with the product manufacturer's instructions and recommendations. B. Liner'application shall be 0.5 inch minimum~thickness. The application shall be completed with a minimum of two coats. The first coat shall be applied at a thickness adequate to cover the substrate •• and be trowleij~ to :compact the .material into voids and sef the bond.. The second coat shall be ~' applied to~ensure complete•coverage~at the~specified.0:5inch'minirnum'ihickness. C. Inverts shall be lined with patching mix, krowl applied in one coat to a 0.5 inch minimum thickness. D. Prepare, label-and submit recommended daily orper lot test specimens for testing. 3A3 Ct_EANING A. Clean manhole interiors and remove all construction-related materials, equipment and appliances from the manholes prior to reinstatement of the manholes to service. PART ~4: MEASUREMENT ANl] PAYM7=NT 4.01 MANHOLE 1NTER1OR LINING A. Measurement: Measurement basis for payment for manhole interior lining shall be vertical feet of manhole interior surface lined at 0.5 inch minimum thickness. l3. Payment: Payment for manhole interior lining shall be the number of vertical feet of manhole interior surface lined times the unit price bid per vertical foot of manhole Interior lining. C. Incidentals: All Manhole preparation, liner application, curing and cleaning shall be considered incidental to the unit price btd per vertical foot of manhole interior lining. 19' 4.02 MANHOLB STRUCTURAL. R1=PAIRS A. Measurement Na measurement will be made for payment for manhole structural repairs. B. Payment: A11 costs for manhole structural repairs must be included in price per vertical feet of manhole lining. 2~ Part IV: Contract InformationlReguirements: MINIMUM QUALIFICATIONS AND INSTALLER RE UIREMENTS The installer shall have been engaged in the installation of Manhole and Lift Station System Rehabilitation Contracting Services for a minimum of Seven (7) Years and have rehabilitated a minimum of Four Thousand (x000) sanitary sewer manholes and 50 lift stations, in the Skate of Florida, utilizing a system that offers pure fused Calcium Aluminate. The selected contractor will be responsible for knowledge of and compliance with all relative local, state, and federal codes and regulations. The installer must include in the bid a list of Twenty five (25) references, for which manhole, lift station, or wet well rehabilitation contracting services have been provided within the task Seven (7) years. At least Ten (10) of these references must be current, having had installatiorl~ within the previous Three (3) years. A contact person and telephone number must be provided for each. Far all work performed under this contract, the successful Contractor shall provide a competent job-site supervisor and any necessary assistants, all approved by The Waste Water Department of Delray l3each. -The job-site supervisor shall be present at ail times while work is in progress. The job-site supervisor shall represent the Contractor at all times while ail directions given him shall be binding as per the contract documents. The job-site supervisor shall have a minimum of Seven (7) years experience in the rehabilitation of Sanitary Sewer Manholes, Lift Stations, and Wet Wells utilizing a product that consists of a pure fused Calcium Aluminate Cementitious Liner. TERMS 01= CONTRACT This Contract.will commence a~ the date,of•award and be in effect for one (i).year. CONTRACT RENEWAL The City retains the right to renew ibis contract with the consent of the vendor, under the same-terms and conditions for four (~i) additional one {'f}year periods, renewable annually. Any price adjustments requested by the Contrackor will be based on the consumer-price-index (CPI) and amendment to the agreement to be processed and approved by the City Commission. All prices at the time of the renewal may be adjusted on the anniversary date of the Agreement and based on the annual change to the Consumer Price Index-Southern States for the immediate twelve-month period preceding the renewal of the Agreemenk. The value of this annual adjustment will be determined by the Owner. If the City determines to renew this Agreement, it shall provide the Contrackor written notice of such renewal thirty (30}days period to the termination of the contract term, then in effect. TERMINATION Should the Contractor be found io have failed to perform his services in a manner satisfactory to the City as per the Technical Specifications, the City may terminate this Agreement immediately for cause; further the Cily may terminate this Agreement for convenience with a thirty (30) day written notice. The City shall be sole judge of non-performance. METHOD OF AWARD The general criteria that will be used for the evaluation of this bid is set forth in the general bidding requirements along with the responses as stated on the bid proposal pages. Award of this bid shall be made to the most qualified, responsible bidder to whom the City (on basis of City's evaluation as hereinafter provided) makes an award that is the most advankageous to the City. The City's evaluation of the bid shall take info consideration the cast (total, unit price, or combination of both), City prior experience with bidder, demonstrated expertise of bidder, references of bidder, qualifications of bidder, and ability of bidder to complete the project in a timely manner. 2! PART V - MEASURi=MENT AND PAYMENT SCOPE A. Payments to the Contractor shall be made on the basis of unit prices in the Proposal Bid Form as full and complete payment far furnishing all materials, labor, tools and equipment, and for performing all operations necessary to complete the rehabilitation work of sewer manholes, lift stations, and wet wells by various trenchless methods as authorized by the City. The City will establish an annual renewable contract for these services with the successful bidders as described in the Bid Specifications pages 17 through 24. The unit prices stated in the Proposal Bid Form include all costs and expenses for taxes, labor, equipment, materials, commissions, transportation,pharges and expenses, patent fees and royalties, labor far handling materials during inspeckian, together with any and ail other costs and expenses for performing and completing the work as shown on the details and specified herein. The Basis of Payment .far an item at the price shown in the Proposal Bid f=orm shall be in accordance with its description of the item in this Section and as related to the work specified. Unit prices will be applied to the actual quantities furnished and inskalled in conformance with fhe Contract Documents. 13. The Contractor's attention is tailed to the fact that the quotations for the various items of work are intended to establish a total price for completing the work in its entirety. Should the Contractor feel that the cost for any item.of work has not been established;in the Proposal, Bid Form or this Section, the cost for that work sha11 be included in~ some. other applicable Bid .item, so that the Proposal for the project reflects the total price for completing the work in its entirety? No separate payment will, be made;for khe foAowing~work<if. required and: its cost shall:be included~.in appropriate payment items: • Applications and pulling of aN utility and construction permits; Dewatering and disposal of surplus wafer; Structural repairs; • Cleanup; • Testing materials and apparatus; Maintenance of ufility service; • Appurtenant work; • Inspection Photo Records • Maintenance of Traffic. The following paragraphs will clarify the work included for the items listed in the Proposal Bid Form. MEASUREMENT The quantities for payment under this Contract far each Work Order authorized shall be full compensation determined by aqua! measurement of the completed items, in place, ready for service and accepfed by the City unless otherwise specified. The City will witness all fceld measurements. When depths are indicated in the bid items, they shall be measured vertically from fhe existing grade, paved or unpaved, to the pipe inver#. it is intended that all work required io complete this Work will be included in the various bid items as described in the following paragraphs. 'I. ADD MOBILIZATIONIDEMOBII.IZATION The mobilizationldemobilization cost is applied if a work order has less than 10 sewer manholes or less than 750 square feet (SF) of wall to be rehabilitated for the work.arder, this cost ikem shall be included for payment to the Contractor for the additional 22 mobilizationfdemobilization costs which becomes significant with the smaller project work orders of less than 10 sewer manholes or less than 750 square feet (SF) of wall to be rehabilitated. 2. CEMENTlTIOUS LINING MANHOLE, BRICK, OR PRECAST REHABILITATION This item of work will be measured and paid for at the unit price per vertical foot of 48-inch or 60-inch diameter of manhole wall named in the Proposal Bid Form. Measurement will be made from the bench, at its highest point, to fhe upper limit of actually treated wall, cone or chimney. Payment of the unit price per vertical foot will provide complete compensation for cleaning of the wall by both pressurized water and sand or soda blasting; relief of hydrostatic pressure outside the manhole, if necessary; injecting chemical grout to stop active leaks into fhe manhole, if necessary; furnishing and supplying of all materials or combination of materials making up the patching and coating (waterproofing) and applying or installing them; manufacturer's representative's presence or assistance, if required; isolation of the manhole by plugging entering fines; testing; safety eq~ripment; and all incidentals necessary to obtain a watertight, sealed manhole wall and bench, complete in place. Payment far bypass pumping, if required (other than because of damage caused by Contractor}; will be paid for under a separate item. CEMENTITIOUS LINING OF LIFT STATIONIWET WELL SURFACES This item of work will be measured and paid at the unit price per square foot of wall in a lift station or wet well. Measurement will be made o the actual surface area repaired. Payment of the unit price per square foot will provide compensation for cleaning of the wall- by both pressurized water-and sand. or soda media blasting methods; .relief of hydrostatic pressure • outside the structure if.~ necessary;••,injecting~~chemical:grout:~to:-•stop. active,.~infiltration,~ if necessary; cleaning; surface'preparakion.as specified herein; furnishing and supplying of all materials or combination of materials, including liner manufacturer's representative's: presence or:assistance;~if ,required;::isolation of; the.lift station:or~wet,well by plugging~,entering lines; testing; safety equipmentY for personnel; :labor, • tools~~ and equipment; and •. all ,incidentals necessary to obtain a watertight, seated wall and bench complete in place. Payment for bypasspumping;~if required (other~than because.of:damage•caused.by the Contractor}; will be paid for under a separate item. 3. BYPASS PUMPING O}= SEWERS a. BYPASS PUMP AND PIPWG SETUP These pay items provide complete compensation for bypass pumping operations required for sewer manhole, lift station and wet well rehabilitation. The Contractor shall attempt to perfomn the rehabilitation sewer work without bypass pumping. However, if in the opinion of the City bypass pumping is necessary, it will be identified as a payment item. The pay item is a one-time charge for all bypass pumping setup operations during a given lining installation, including services, regardless of the number of pumps required. Bypass pumping shall be bid on the basis of sewer size which is bypassed. These items shall include, but are not limited to: all necessary and required traffic control; pumps; piping; gasolineldiesei fuel; maintenance; transportation and storage; temporary bypass and service piping; Eabor; materials andlor any other costs associated with bypass pumping. Plugging or blocking a sewer line shall be included in the appropriate bid item for which the flow must be stopped, this is considered incidental work and no additional payment shall be considered. b. BYPASS PUMP These items sha11 be paid for on a per day basis for operation of fhe bypass pumps. Bypass pump operation sha11 be bid on the basis of the size of the pump used. These Items shall include fuel operating costs. 23 ~. ADJU571NG EXISTING MANHOLE CASTINGS These pay items provide complete compensation for furnishing ail necessary. labor, equipment and material to adjust existing manholes to match existing elevations. 5. FURNISH NEW MANHOLE RING AND COVER This pay item provides complete compensation for furnishing new manhole ring and covers as specified by the City to be installed under pay item 4. 6. RECONSTRUCT BENCH AND 1=LOW CHANNEL This item provides complete compensation far all necessary Tabor, equipment and material required to re-construct a complete bench and flow channel, as required per the City's minimum standards. 7, INSTALLATION OF CHIMNEY SEALS .. . This pay item provides complete compensation for furnishing all labor, equipment and material required to install manhole chimney seals. 8. RE-kNSTALL PUMP BASES These pay items will include complete compensation for furnishing all necessary labor, equipment and material required to re-anchor existing pump bases, where, under the opinion of the owner's representative, is required: 9. INSTALLATION OF INTERIOR PVC DROPS These pay. items provide complete-.compensation. for furnishing .all Labor, equipment and material required to install interior PVC drop piping: 10:.REMOVAL.OF~EXISTING COATINGS This'item:'provides, complete, compensation forfumishing •all• necessary •fabor,:.equipment and materials necessary to remove any existing coatings that may exist in full or any portion of an existing structure. 11. REMOVE-AND REPLACE EXISTING PIPING AND VALVES This item provides complete compensation for furnishing all necessary labor, equipment and materials necessary to remove and replace all existing piping, check rialves, plug valves and all miscellaneous material required for this installation. This work will start at existing pump bases and wiEl terminate prior to where discharge piping exits existing valve vault. All work shall comply with City of Delray Beach minimum standards. 24 MANHOtE1LIFT STATION REhIABILITATION _ BY CIEMENTITIOUS LINING SCHEDULE OF PRICING BID FORM ITEM 1.) MobilizationlDemobilization a. MobilizationlDemobilization if less than ~ ~~~ ' 10 manholes or less than 750 S1= per job work order each " r~ ~ ~D' o ti l f t 2.) Diameter Cementitious lining of Brick Manhole - 48 f . per ver ca oo ~b 3.) Cementitious lining of Pre-cast Manhole - 48" Diameter ~ D ' per vertical foot 4.} Cementitious ling of Brick Manhole - 60" Diameter ,~~ per vertical foot ~7 ~ ~~ 5.) Cementitious lining of Pre-cast Manhole - 60" Diameter ~ ! . per vertical foot. 6.) Lift Station Surface Rehabilitation by Cementitious Lining ~ ~ ~ per square foot 7.) Sewer By-Pass By-Pass Pump Setup with Bypass Pumping n ~ _ a. Bypass 8" Sewer Setup e~c C~7 each b. Bypass 10" to 12" Sewer Setup ~a ~ each • ~ '''~ c. Bypass ~5" to 18" Sewer Setup ,~~ ' each d. Bypass 24"Sewer Setup ~ DEb • each d~ ~ ~ ` d e. Bypass 4" Pump per ay ~ f. Bypass 6" Pump ~~`]' per day g. Bypass 8" Pump ~D` per day h. Bypass 10" Pump ~D' per day 8.} Adjust Existing Manhole Casting within Asphalt Pavement D~ • each 9.) Adjust Existing Manhole Casting within Green Area ~~' each 10.} Fumish New Ring and Cover DD ' each 11.) Re-Construct Manhole Bench and Flow Channel ~~ F each 12.} Furnish and Install Manhole Chimney Seal ` ~ each r~^ ~ i3.) Re-Install Existing Pump base 4" )tJ[J each 6,~ I;D ~' each " d ' a h 8 e c 25 1.4.} Furnish and Install 6" PVC Interior Drop 15.) Furnish and install 8" PVC Interior Drop 16.) Re-construct Lift Station Fillet 17.) Removal of Existing Coating 18.} Remove and Replace Existing Piping and Valves, within Existing Submersible LiFf Station through Existing Valve Vault :' -, ' ' ~~ ~ 2 to ~4 each 4' io 6' each ' ' ~~' ~ to 8 6 each ' ' 1 ~,~~, 6D " ' ' to 4 2 I ~-~ each ' ' ~~ `~ to 6 ~ CO each 6' to 8' r-~ ~ I ~` each L~ fi' Diameter ~ fly' each 1~ ~ 8' Diameter R ~ o(OD' each _.._:. ~ nn ~ 14' Diameter ~..1DD ` each ' per square foot ,q° ~ OID~ ` each 6" ~ l0 ~ 00`?' ~ each 8" ~~i~•~each 2G ~ k31D SrGNATURE FORM ~` PLEASE AFFIX SIGNATURE WHERE LNDICATED (FAILURE TO DO SO SHALL BE CAUSE FOR REJECTION OF YOUR PROPOSAL) BID #: 2002-3T Opening Date: Tuesday, Au_gusf 27,_2002 B!D TlTLE: Sanifa Sewer Manhole Interior Rehabilitation CDMPANY NAME Fa ~'~ Ps1~1P Lo • ~[ _ ' -DATE: ~ ~ ~ a" NAMFJTlTLE: ADDRESS: .STATE Z!P'CODE ~3~~ ~- ClTY FEDERAL TAX l.D. #: TELEPHONE: FACSlMlLE *SIGNA ~~ VENDOR SERVICE REPRESENTATIVE FOR PLACEMENT OF ORDER: CONTACT NAME: TELEPHONE: r~G ~ ~ i 27 y STATEMENT OF NO BAD Bid # 20Q2-37 Sanita Sewer Manhole interior Rehabilitation If you are not lidding on this servicelcommodity, please complete and return this form to: City of Delray Beach Purchasing Office, 100 NW 1st Avenue, Delray Beach, FL 3344 or fax to (561) 243-7166. Failure to respond may result in deletion of vendor's name from the qualified bidder's list for the City of Defray Beach. COMPANY NAME: ADDRESS: TI/LEPHONE: L~ SIGNATURE: DATE: Minority Owned Business: ( }Black ( }Hispanic ( .) Woman ( }Other ~• ~ r (Specify) We, the undersigned leave declined to bid on your Bid # 2042-37 For: Sanitary Sewer Manhole Interior Rehabilitation Specifications too "tight", i.e. geared toward brand or manufacturer only {explain below) Insufficient time to respond to the Invitation to Bid We do not offer this product or an equivalent REMARKS: f Our product schedule would not permit tts to perform Unable to meet specifications Unable to meet bond requirements Specifications unclear (explain belo-v} Otltier (specify below) 28 MEMORANDUM TO: Mayor and City Commissioners FROM: Sharon L'Herrou, Administrative Officer Anthony W. Strianese, Chief of Police THROUGH: David T. Harden, City Manager DATE: October 29, 2010 SUBJECT: AGENDA ITEM 8.K.3 -REGULAR COMMISSION MEETING OF NOVEMBER 2, 2010 PURCHASE AWARD/DGG TASER ITEM BEFORE COMMISSION The Police Department seeks approval to purchase 46 Triers from DGG Taser (a sole-source provider for Taser International) in the amount of $39,259.70. This represents the second and final phase of the Department's plan to replace aging models. BACKGROUND Taser International has stopped manufacture and support of the Taser M-26 models. The Department recommended a plan to phase out the M-26 in two stages. Stage one was approved by Commission at the June 1, 2010 meeting. At that time, purchase of 75 new X-26 Triers was approved with the understanding that the remaining 46 Triers would be purchased after Oct. 1st. The Department's Training Unit negotiated abuy-back offer for the older models. Although that offer was supposed to expire over the summer, the company agreed to honor it, with the understanding that the Phase 2 purchase would be completed after the new FY and subsequent to required approvals. Trier recertification is due for the officers prior to the end of the calendar year. Recertification has been delayed pending receipt of the new models to avoid the additional costs to recertify officers on both older and newer triers. Moving forward at this time would allow all officers to recertify on the newer models. FUNDING SOURCE Funding is available in 001-2111-521-52.27 RECOMMENDATION The Police Department Recommends approval. iY'°" ... _ „I~ .,..._..._.,_r....lyy...; f ,1 " y - i }. . ~ ~ .. I a m .. I '. A iw... k , ~ ...« "~ J~,~!~9 ,. "3~~p »~~':. ~.aC~R4s~,eenors, mw,o r~r. ,t,~~I~ "~ ~~,~ " '~.~-.m i•~a. w q. ~n~. '~ °^~w~~~~,..~~~~..~,~p~~w"6 N0 ~9w"!~dW'~'.fl. w.~~v ni._. ~.~, ; I f ~ 1, i ~ ~. ~ i ~ r`, .. !' ' . ~ A ~ _ I .~ I, ~ ~ °i G, r i i ,. I I I ~ w, ~~~ ;^'~ ~~ ~~ I ~ rig ~~;;I I ~, I M. p u . " i ; ~ r ~ G ~ "~ ~~ 9, ~~""""w w ~. ~'! i .. M ~. ~ ~; r%'r~^'al ud"e~ nw,~i"^b IMM'~ ,_, II '~ ~"4 tl~ll~p"%~'~aT^d "4WD' ± ~'".4~f'1~ ~~~ ,~~~~4~~. ___. . .. ~ ~i1 '. _. ~ f i''' ~i '7 f~. p..~~,~ ,..,, ... ~ ,,~.~. DELRAY BEACH POLICE DEPARTMENT MEMORANDUM To: Sharon L'Herrou From: Sergeant John Crane-Baker JCB Training and Recruiting Date: October 29, 2010 Subject: X-26 TASER PURCHASE As you are aware we are trying to purchase 46 Tasers to complete the transition to the new X-26 Taser. This purchase is going to cost $39,259.70 dollars. We are in desperate need to make this purchase immediately to try and save money. Our policy states that every year we must re-certify with the Tasers to remain in good standing with FDLE. We have been holding off on the re-certification of the old Tasers because we were transitioning to the new Tasers. With the split in purchasing the Tasers (75 now, 46 next budget year), we now have come to a point where we are going to have to re-certify the officers with the old Tasers. This will cost more than just money (approximately $6900), it will cost efficiency, productivity (officers off the road twice for the training) and an increase with overtime and schedule adjustments. The officers will need to be re-certified on the old Tasers and then certified on the new Tasers when they come in. As you can see this is a waste of resources. If we are able to push the approval through the process and get a PO cut we can have the Tasers and the necessary equipment (holsters and cases) here within 4-6 weeks. This would allow us to have the transition class before the end of the year, save approximately $4000 dollars and remain in compliance with our policies. My request is to get this item on the Nov. 2"d agenda with the City Commissioners and get it approved so we can place the order. If we have to wait until the Nov. 16t" agenda we will never meet the deadline. Thank you for any assistance you can provide us with this matter. If you have any questions, please don't hesitate to contact me so we can discuss them. 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 27, 2010 SUBJECT: AGENDA ITEM 9.A. -REGULAR COMMISSION MEETING OF NOVEMBER 2, 2010 CONSIDERATION OF AN APPEAL/125 SEABREEZE AVENUE ITEM BEFORE COMMISSION The action requested of the City Commission to overturn an administrative interpretation by the Director of Planning and Zoning. On September 21, 2010, the Director determined that Section LA. First Floor Height Limits of the Beach Property Owners Design Manual is intended to establish guidelines which assure that one story structures which exceed certain heights (in excess of 18' and measuring more than 14' from the finished floor) are considered two stories. This is not to be construed nor interpreted to say that any two story building that is below these dimensions is considered a one story structure as interpreted by the project's architect. Therefore, the Planning Director determined that the habitable floor area included under roof for the upper level loft above the garage is a second story living area. In this case it is important because atwo-story structure has a lower lot coverage and higher open space requirement. The applicant has designed the project with the less stringent one-story allowances. The Director's interpretation was appealed on October 4, 2010, by Jeffrey Silberstein of Silberstein Architecture. The appeal is being processed pursuant to LDR Section 2.4.7(E)(1) Appeals. BACKGROUND The subject property is 0.26 acres and contains an existing single family residence. It lies within the North Beach Overlay District and is located on the northeast corner of Basin Drive and Seabreeze Avenue at 125 Seabreeze. The property is zoned Single Family Residential (R-1-AA) and the applicant proposes to demolish an existing one-story home and construct a new single family residence with an upper level loft above the garage. The Planning Director has determined that the habitable floor area included under roof for the upper level loft is considered a second story living area. Two-story structures within the Beach Overlay District must provide a minimum of forty-five percent (45%) open space and a maximum lot coverage of no more than thirty-five percent (35%). The Adler Residence located at 125 Seabreeze Avenue proposes 39% lot coverage and only 35% open space. REVIEW BY OTHERS Urban Design Kilday Studios performed a cursory review of the proposed residence and indicated that the Beach Property Owners Design Manual does not make determinations as to interior use of space within one-story structures, and a loft space would not be interpreted as creating amulti-story structure. Likewise, if a structure meets the one-story height dimensions as provided for on Page I-2, no multi- story regulations would be imposed on the structure. The Plan Reviewer for the City's building permits also performed a cursory review and indicated that the upper story on the proposed Adler Residence would be considered equivalent to a mezzanine per the Florida Building Code Regulations and would not constitute a 2-story structure. RECOMMENDATION Commission discretion. The Planning Director recommends that the Commission deny the appeal and require the applicant to comply with the minimum open space (45%) and maximum lot coverage (35%) requirements per the Beach Property Owners Design Manual development standards for two-story residences within the North Beach Overlay District. IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA 1. This is an appeal of the Planning and Zoning Director's interpretation for property located at 125 Seabreeze Avenue has come before the City Commission on November 2, 2010. On September 21, 2010, the Director determined that Section I.A. First Floor Height Limits of the Beach Property Owners Design Manual is intended to establish guidelines which assure that one story structures which exceed certain heights (in excess of 18' and measuring more than 14' from the finished floor) are considered two stories. This is not to be construed nor interpreted to say that any two story building that is below these dimensions is considered a one story structure as alleged by the project's architect. Therefore, the habitable floor area included under roof for the upper level loft is considered a second story living area. In this case it is important because atwo-story structure has a lower lot coverage and higher open space requirement. The applicant has designed the project with the less stringent one- story allowances. 2. The Appellants, Appellee and City staff presented documentary evidence and testimony to the City Commission pertaining to the appeal of the Planning and Zoning Director's interpretation regarding whether or not the structure is considered a two story structure versus a one story structure. All of the evidence is part of the record in this case. 3. 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. 4. Based on the entire record before it, the City Commission approves denies the appeal and hereby adopts this Order this 2"d day of November, 2010, by a vote of in favor and opposed. Nelson S. McDuffie, Mayor ATTEST: Chevelle Nubin City Clerk 2 SL~E ~ST~~N A~}~ . Date: October 4, 2010 ,¢,., ~~ <y _ To: City Clerk ..,,, :.~~ J : ~ y ,_~;^~ , ~ ~ . ~, s~ :~ From: Jeffrey Silberstein •.'~~~,~, i Silberstein Architecture - lie: Adler residence -125 Seabreeze Ave -Beach Overlay I]istrict Appeal to City Commission File No. 201Q~207-13EA, Multi-Story Structure Determination [3ear City Clerk, This letter is intended to appeal the Director of Planning & Zoning, Mr. Paul Dorling, interpretatifln of the Adler residence's !oft space above the garage. In a letter dated September 21, 201D, Mr. Dorling stated that the Adler residence does not comply with the one-story structures guidelines of the Beach Property Owners Design Manual. He believes that "the habitable floor area included under roof for the upper level loft is considered a second story living area". Fle is thergfore considering this project atwo-story structure and requested that the plans be revised to demonstrate compliance: The Architect, however, believes that the project~.is in compliance as a one-story structure. The Architect, prior to Site Plan submittal, met with Sandra Parks from Urban Design Kilday Studios to review the plans, and verify that the Adler residence complies with all the one-story structures guidelines of the Design Manual And both parties agreed that the Adler residence design satisfies alE the one-story structures requirements, and that a {oft space above the garage does not, in any way violate the one-story structures guidelines. In an a-mail communication dated September 03, 2010, Ms. Parks stated: "Note that the Beach Property Owners Manual does not make determinations as to interior use of space within one-story structures, and a loft space would not be interpreted as creating amulti-story structure. And if a structure meets the one-story height dimensions as provided for on Page I-2, no multi-story regulations would be imposed on the structure". Furthermore, the Delray Beach Building Department interprets the residence as a single-story structure. T ank you for your consideration,. Rsetfi, c ~ Je y Si berstein, AIA 524 NF 2 N[] STP,EET f7~LRAY Ti[ACH €~€.C7RI~3A 33483 'F 56l 276 )393 W1NW.51l.BERS'fEINAI~CHffECF.CC>M I.ICEN5E 1f AA2.GO~Q778 ~; : ~EL[tAY ~E^, ~9-~ ` f ~ September 21, 2010 ;c~<~ r~.•3 ,~~ f.,:~_~~_}~ l A~irAE~tF~ rivai~ity Jeffrey Silberstein, A.I.A. Jeffrey 5iiberstein Architect & Assoc. Inc. ~~~ 524 NE 2nd Street {~s/`A Delray Beach, FL 33483 2(3~ 1 RE: Adler Residence, 125 Seabreeze Avenue, Beach Overlay District Review File EVn. 2Q10-2~7-BEA, Multi-Story Structure Determination Dear Mr. Silberstein: You are being notified as the designated agent for the above referenced project. The Planning and Zoning Deparfinent has completed review of your North BeachlSeagate. application for dem©lition of an existing home and construction afi a new single family residence with are upper lever loft, Please. note that Section E.A. First 1=1oor Height Lirriits of the Beach i'raperty C7wners Design Manual is intended to establish guidelines which assure that one story structures which exceed certain heights (in excess of 18' and. measuring more than 14` from the i finished floor} are considered two stories. This is not to be construed nor interpre#ed to say that any two story building that is below these dimensions is considered a one story structure as alleged by the project's architect. ~ The hakiitable -floor area included under roof for the upper level loft is considered a j second story loving area. Two-story structures within the Beach Overlay District review area shall provide a minirr~um of forty-five percent (45%} open space and a maximum lot coverage of no more than thirty-five percent (~5°l0). The Adler Residence. proposes 39% lot coverage. which is in excess of the maximum allowance (35%). Similarly, the residence proposes only 35% open. space whidh does not meet '.the minimum open space requirement (45%}. In suc>~ case, the plans shall be revised to demonstrate compliance. !f a revision of the plans is not desired, then to seek relief from these noncompliance issues an application for a variance must be processed and approved by the Board of Adjustment. The cost for processing a variance request is five hundred twenty-five dollars ($525) per each nor~campliance issue. In such case, two (2) variances would require a total of $1,050 if pursued. If you deem it to be in compliance as a nne-story structure, then you may appeal my interpretation to the City Commission for a processing fee of three hundred fifty-five dollars ($355) with a letter addressed to the City Clerk and outlining justifiable reasons for appeal. Your appeal wiEl be scheduked far the next available City Camir~ission mEeting. ,. -~ ~~~€?~"?~~ ~~~ ~~~~ivlftP',!'~f: .~:.;~tT~ ~~:~~i ,` 7~a:~~,~Lt. ..~~~~C~iig?'(1;i~; _ ~:~ t'.y Pvi~3~ n The City ]oaks forward to working with you to promptly resolve your noncompliance issues. Should you neod further clarification regarding this information please feel free to contact the project planner Canc{i Jefferson, Senior Planner by email at Jeffersont~mydelrayi~each.com or by phone at {~61} 243-7049. Sincerel <.~';~ Paul Dorling, AIGP Director of Planning & Zoning WO~'la]Ny]yY Mai ACY iYl15'x.MM ~~~~~~ u oKSV~.rea~ srwmaa~~w EBVEEl3'FIJ'd38AtlJ134'3f1N3AY3Z33219'd3S5Ll ~ ~- c ~E~~~~; U ;~; -~ ;. 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Alvarez, Historic Preservation Planner Paul Dorling, AICP, Director of Planning and Zoning THROUGH: City Manager DATE: October 27, 2010 SUBJECT: AGENDA ITEM 9.B. -REGULAR COMMISSION MEETING OF NOVEMBER 2, 2010 CONDITIONAL USE REQUEST/ THE HARTMAN HOUSE ITEM BEFORE COMMISSION The action requested of the City Commission is consideration of a conditional use request to establish a Bed and Breakfast Inn at 302 NE 7th Avenue, an individually designated site on the Local Register of Historic Places located in an RM (Multiple Family Residential, Medium Density) zoning district, pursuant to LDR Section 2.4.5(E). BACKGROUND The subject property is a 0.314 acre site at the northwest corner of NE 7th Avenue and NE 3rd Street within the RM zoning district. The property contains a 2,752 square foot, two-story Frame Vernacular style single-family residence constructed in 1923, and has remained vacant for a number of years. The property owners are seeking conversion of the single-family residence to a Bed and Breakfast Inn, which is allowed by conditional use under the Multi-Family Residential (RM) zoning designation. The original units in the principal structure would be utilized for the guests, while the property owners would reside in the addition which is under construction at this time. Physical site improvements associated with the change of use include the installation of four parking spaces along the alley at the rear of the property, construction of a lap pool, and landscaping improvements throughout. Bed and Breakfast Inns are permitted as a conditional use, subject to the provisions of LDR Section 4.3.3(Y),which states use specific regulations which are in addition to the requirements of the underlying zone district, Section 4.5.1, Historic Preservation Districts and Sites, and special conditions imposed through the conditional use process. These use specific regulations provide requirements and limitations pertaining to location and design of parking spaces, provision of common areas, guest rooms, meals, maximum stay, employees and personnel, and events. Additionally, the property owner is required to live on-site. The subject request meets all of these requirements and compliance with each requirement is discussed in detail in the attached Staff Report. REVIEW BY OTHERS The Historic Preservation Board (HPB) reviewed the request at its October 6, 2010 meeting, and recommended approval to the Planning and Zoning Board on a 6-0 vote. The Planning and Zoning Board reviewed the request at its October 18, 2010 meeting, and recommended approval to the City Commission on a 5-1 vote, subject to conditions (attached to the City Commission recommendation). RECOMMENDATION Move approval of the request of a Conditional Use associated with a Bed and Breakfast Inn at 302 NE 7th Avenue based upon positive findings with respect to Section 2.4.5(E)(5), Conditional Use Findings, Chapter 3, Performance Standards, and Section 4.3.3(Y), Bed and Breakfast Inns of the Land Development Regulations, and consistency with the Future Land Use Element of the Comprehensive Plan, subject to the following: 1. That the requirements of LDR Section 4.3.3(Y), Bed and Breakfast Inns be met at all times; 2. That the parking space and alley measurement be adjusted by an additional 2' to provide a combined minimum depth of 40' ; and 3. That Engineering Plans and a Traffic Statement be submitted for review with the Site Plan Application. IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA CONDITIONAL USE REQUEST FOR HARTMAN HOUSE ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA 1. This conditional use request has come before the City Commission on November 2, 2010. The conditional use request is to establish a Bed and Breakfast Inn at 302 NE 7t" Avenue. 2. The City staff, applicant, and other persons have presented documentary evidence and testimony to the City Commission pertaining to the conditional use request of Hartman House. All of the evidence is a part of the record in this case. Required findings are made in Sections I and II below. COMPREHENSIVE PLAN A. Future Land Use Map: The resulting use of land or structures must be allowed in the zoning district within which the land is situated and said zoning must be consistent with the applicable land use designation as shown on the Future Land Use Map. The subject property has a Future Land Use Map designation of Medium Density (MD) 5-12 dwelling unit per acre and a zoning designation of Medium Density Residential (RM). The RM Zoning District is consistent with the MD Future Land Use Map designation. Pursuant to LDR Section 4.4.6(D)(13), Bed and Breakfast Inns, subject to the provisions of Section 4.3.3(Y), are permitted as conditional uses within the RM Zoning District. Are the requirements of the Future Land Use Map met? Yes No B. Concurrence: Objective B-2 of the Land Use Element of the Comprehensive Plan requires that development not exceed the ability of the City to fund and provide, or to require the provision of, needed capital improvements. 1 Are the concurrency requirements met with respect to water, sewer, drainage, streets and traffic, parks, open space, solid waste and schools? Yes No C. Consistency: A finding of overall consistency must be made with regard to the following: 1. Future Land Use Objective A-1. Property shall be developed or redeveloped, in a manner so that the future use, intensity and density are appropriate in terms of soil, topographic, and other applicable physical considerations; encourage affordable goods and services; are complementary to and compatible with adjacent land uses and fulfill remaining land use needs. 2. Future Land Use Objective A-4. The redevelopment of land and buildings shall provide for the preservation of historic resources. The objective shall be met through continued adherence to the City's Historic Preservation Ordinance and, where applicable, to architectural design guidelines through the following policies: 3. Future Land Use Policy A-4.1. Prior to approval or recommending approval of any land use or development application for property located within a historic district or designated as a historic site, the Historic Preservation Board must make a finding that the requested action is consistent with the provisions of Section 4.5.1 of the Land Development Regulations relating to historic sites and districts and the "Delray Beach Design Guidelines". 4. Future Land Use Policy A-4.2. In order to protect the City's historic resources, the Land Development Regulations shall include provisions for designation of historically significant buildings, structures, archaeological sites, or districts. The City shall conduct periodic neighborhood surveys to identify and evaluate potential historic resources at least once every five years. 5. Future Land Use Objective C-2. Economic development, with due regard for private property rights, historic preservation and character, is an essential component of the redevelopment and renewal efforts which are directed to the future of the City of Delray Beach. Specific efforts for the coordination and provision of economic development activities shall be centered in the City Administration's Development Services Management Group. 2 6. Future Land Use Objective C-3. The Central Business District (CBD) and surrounding neighborhoods, including A-1-A, Seacrest Boulevard, and Swinton Avenue represent the essence of what is Delray Beach i.e. a Village by the Sea". The continued revitalization of the CBD is essential to achieving the overall theme of the City's Comprehensive Plan by managing growth and preserving the charm. Are the consistency requirements met such that the proposed project is complementary to and compatible with adjacent land uses and the beneficial aspects of the project outweigh the negative impact of identified points of conflict? Yes No II. LDR REQUIREMENTS A. Section 2.4.5(E)(5) requires certain findings: The conditional use will not: 1. Have a significantly detrimental effect upon the stability of the neighborhood within which it will be located; 2. Hinder development or redevelopment of nearby properties. Will Section 2.4.5(E)(5) be met? Yes No B. Section 4.3.3(Y)(1), "Bed and Breakfast Inns", "Location": Bed and Breakfast Inns shall only be established as follows: 1. Within designated historic buildings which are located on individually designated sites as listed in Section 4.5.1(K) or on those properties classified as "Contributing" within a designated historic district, as listed in Section 4.5.1 (L) and which are a permitted or conditional use within the zoning district. 2. Not within 300' of another Bed and Breakfast Inn, measured lot line to lot line in a straight line when located within the Medium-Density, Multi-Family (RM) District. 3 Have the requirements of Section 4.3.3(Y)(1) been met? Yes No C. Section 4.3.3(Y)(2), "Bed and Breakfast Inns", "Parking": Parking for Bed and Breakfast Inns shall be provided as follows: 1. Parking shall comply with the requirements in Section 4.6.9. 2. One (1) parking space shall be provided for the manager/owner and one (1) parking space shall be provided for each guest room. 3. All required parking shall be provided in a manner which will not detract from the character of either the neighborhood or the historic property. No designated parking spaces may be located within the front orside-street setback areas. 4. Circular driveways and/or tandem parking spaces with a maximum two (2) car depth are permitted. 5. No parking may be provided via mechanical lift. Have the requirements of Section 4.3.3(Y)(2) been met? Yes No 3. The City Commission has applied the Comprehensive Plan and LDR requirements in existence at the time the conditional use application was submitted. 4. The City Commission finds there is ample and competent substantial evidence to support its findings in the record submitted and adopts the facts contained in the record including but not limited to the staff reports and testimony of witnesses supporting these findings. 5. Based on the entire record before it, the City Commission approves denies the conditional use application subject to the conditions attached hereto in 4 Exhibit "A" and hereby adopts this Order this in favor and opposed. ATTEST: Chevelle Nubin City Clerk day of November 2010, by a vote of Nelson S. McDuffie, Mayor 5 EXHIBIT "A" Conditions Related to Hartman House Conditional Use 1. That the requirements of LDR Section 4.3.3(Y), Bed and Breakfast Inns be met at all times; 2. That the parking space and alley measurement be adjusted by an additional 2' to provide a combined minimum depth of 40'; and 3. That Engineering Plans and a Traffic Statement be submitted for review of the Site Plan Application. 1 PLANNING AND ZONING BOARD CITY OF DELRAY BEACH ---STAFF REPORT--- MEETING DATE: October 18, 2010 ITEM; Conditional Use request to establish a Bed and Breakfast Inn at 302 NE 7~h Avenue, Hartman House, an Individually Designated site on the Local Register of Historic Places. GENERAL DATA: Owner ................................... Jordan and Benito Goldstein Applicant .................................... Cope Architects, Inc. ~ Agent .......................................... Cope Architects, Inc. Location ...........:.......................... Northwest corner of NE 7th Avenue and NE 3~d Street. ~ Property Size .............................. .33 acres Existing FLUM ........................... MD {Medium Density) Proposed FLUM ......................... No change Current Zoning ............................ Proposed Zoning ........................ Adjacent Zoning ................North: East: South: West: RM (Multi-Family Res., Medium Density) No Change RM (Multi-Family Res., Medium Density) RM {Multi-Family Res., Medium Density) RM (Multi-Family Res., Medium Density) CBD (Central Business District} Existing Land Use ...................... Single-Family Residence Proposed Land Use .................. Bed and Breakfast Inn Water ................................... Existing on site ~ Sewer ................................... Existing on site ~~ i i 1 ~~ ~ 4 1ni*~r ~ ~ ~ '. ~ +4~;;~' 6TH PU BLIX N.E. 5TM ST. 0 z 0 ~ r _ ~ _ "~ WA L- ~ GRE ENS ~ N. E. 4TH 5. ~ a ~ ~ ~ ~ ~1~ _ ~ _ J Q .- i Q W lai N .E. ~Np n sNO w i sr. ~ Z 6~ -_ - Z ~ O ' Q m x F ~ N.E. 1ST C . ~ ~ LLi o ° Z z -.- N N.E. 15T ST_ ~~ 0 ITEM BEFORE THE BOARD The action before the Board is that of making a recommendation to the City Commission an a request for Conditiana! Use approval to establish a Bed and Breakfast Inn at 302 NE 7t~' Avenue, The Hartman House pursuant to Section 2.4.5(E}. BACKGROUND & PROJECT DESCRIPTION The subject property is a .314 acre site at the northwest corner of NE 7f" Avenue and NE 3rd Street: The property contains a 2,752 square foot, two-story Frame Vernacular style dwelling constructed in 1923 and listed on the Local Register of Historic Places as The Hartman House in 2005. The property is zoned Multi-Family Residential-Medium Density (RM}; however, it con#ains a single-family residence. A 324 square foot concrete garage and swimming pool were previously located on the property; however, after Hurricane Wilma in 2005 they were significantly damaged and removed from the property. The principal dwelling has remained vacant for a number of years. On May 18, 2005, the HPB approved a Certificate of Appropriateness and Class V Site Plan Application to repair the historic dwelling, demolish the garage and swimming pool, and construct two new dwellings. Additionally, a plat of the subject property was required and approved by the City Commission on December 12, 2006. The Class V Site Plan approval was valid for two years and received a two year extension by the HPB at its meeting of June 6, 2007. However, a second two year extension request was denied by the HPB in 2009. While the approved construction noted above never commenced, a Site Plan Modification application (2007-043} was approved by the Board in 2008 for replacement of the original wood windows with impact-rated windows in the principal structure, and other exterior alterations primarily relating to the windows and doors. These improvements have been completed. At its meeting of June 2, 2010, a COA for the construction of a two-story addition to the historic house was approved which contained athree-car garage, and guest suite. Additional modifications to the HPB approved plans were administratively approved. The development has been issued a building permit and construction is underway. The property owners are seeking conversion of the single-family residence to a Bed and Breakfast, which is allowed by conditional use under the Multi-Family Residential (RM) zoning designation. The original units in the principal structure would be utilized for the guests, while the property owners would reside in the aforementioned addition which is under construction at this time. Physical site improvements associated with the change of use include the installation of four parking spaces along the alley at the rear of the property, construction of a lap pool, and landscaping improvements throughout. The conditional use request for the establishment of a Bed and Breakfast is now before the Board for consideration. L CONDITIONAL USE ANALYSIS- ~ Pursuant to LDR 5ecfion 2.4.5{E}(5), Conditional Use Findings, in addition to provisions of Chapter Three (see below), the Planning and Zoning Board and City Commission must make findings that establishing the conditional use will not: (a) have a significantly detrimental effect upon fhe stability of the neighborhood within which if will be located; nor (b) hinder development or redevelopment of nearby properties. Planning & Zoning Board -1fl.1$.10 Staff Report Conditional Use Request for a Bed and Breakfast Inn at 302 NE 7"' Avenue, Hartman House Page 2 fn consideration of criterion (a) above, the following zoning designations and uses are located immediately adjacent to the property: Zoning: Use: North RM (Multi~Famiiy Residential, Medium Density} Multi-Family South RM (Multi-Family Residential, Medium Density} Multi-Family East RM (Multi-Family Residential, Medium Density} Multi-Family West CBD (Central Business District) Motel The establishment of a Bed and Breakfast Inn at the subject property wilt not have a detrimental effect upon the stability of the neighborhood along NE 7'h Avenue, which is zoned RM {multi-family residential) and contains a mix of multi-family and single-family uses. As noted in the chart above, the adjacent properties to the north, east, and south are within the RM district and contain multi-family residences. The properties to the west are zoned CBD {Central Business District) and contain a variety of uses including motel, auto-repair and office. Considering the adjacent uses and their varying intensities, the establishment ofi a Bed and Breakfast Inn on this property will not have a negative impac# on the neighborhood or surrounding properties. Additionally, the proposed use is less intense than other permitted uses in the RM district such as multi-family developments, child care facilitities, nursing homes, or churches. The adaptive reuse of a historic residence to a Bed and Breakfast Inn crea#es a viable opportunity for a structure which has sat vacant and deteriorating for many years. The positive impact on the neighborhood likely created by this use could result in the beautifiication of other properties either through adaptive reuse andlor new development. Pursuant to LDR Section 3.1.1, Required Findings, Prior to the approval of development applications, certain findings must be made in a form which is a part of the official record. This may be achieved through information on the application, written materials submitted by the applicant, the staff report, or minutes. Findings shall be made by the body which has the authority fo approve or deny the development application. A FUTURE LAND USE MAP: The resulting use of Land or structures must be allowed in the zoning district within which the land is situated and said zoning must be consisfent with the applicable land use designation as shown on the Future Land Use Map. The subjec# property has a Future Land Use Map designation of Medium Density {MD) 512 du per acre and a zoning designation ofi Medium Density Residential (RM). The RM zoning district is consistent with the MD Future Land Use Map designation. Pursuant to LDR Section 4.4.6(D){13}, Bed and Breakfast Inns subject to the provisions of Section 4.3.3(Y} are permitted as conditional uses within the RM zoning district. Based upon the above, it is appropriate to make a positive finding with respect to LDR Section 3.1.1 {A), Future Land Use Map Consistency. fB} CONCURRENCY: concurrency must be met and a determination made that fhe public facility needs, including public schools, of the requested Land use acrd/or development application will not exceed the ability of the City and The School District of Palm Beach County to fund and provide, or to require the provision af, needed capita! improvements in order to maintain the Levels of Service Standards established in Table CI-GOP-1 of the Comprehensive Plan. The development proposal is to establish a Bed and Breakfast Inn, which will not have a negative impact with respect to concurrency as it relates to traffic, parks and recreation, solid waste, drainage or schools. The following is a discussion with respect to the applicable concurrency items. Punning & honing Board - 10.18.10 Staff Report Conditional Use Request for a Bed and Breakfast Inn at 302 NE 7~" Avenue, Hartman House Page 3 Drainage: While the submittal of final engineering appears that adequate drainage can be provided will be conducted upon their submittal. plans is pending as part of the site plan review, it ~n site. A #horough review of drainage capabilities Water and Sewer: Water service exists via the 6" water main along the alley to the rear (west) of the property. Sewer service exists via the 8" sewer main along the alley to the rear (west} of the property. Adequate fire suppression is provided via the fire hydrant to the north of the property and the fire hydrant across NE 7t" Avenue from the property. 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. Streets and Traffic: While the submittal of a Traffic Statement is pending, it is noted that #here will be a slight increase in daily trips generated by the establishment of a Bed and Breakfast Inn on a property historically utilized as asingle-family residence. However, the 'increase will be minor and will not impact traffic concurrency on the adjacent roadways. Parks and Open Space: Pursuant to LDR Section 5.3.2, whenever a development is proposed upon land which is not designated far park purposes in the Comprehensive Pian, an impact fee of $504.00 per Bed and Breakfast Inn room, and new owner occupied dwelling unit must be collected prior to issuance of building permits. This will result in a total fee of $2,504 (5 units x $504.04}. Solid Waste: Trash generated each year by the development proposal will be calculated upon formal site plan review. However, the Solid Waste Authority has indicated that its facilities have sufficient capacity to handle all development proposals until the year 2024, thus a positive finding with respect to this level of service standard can be made. (C} CONSISTENCY: A finding of overap consistency may be made even though the action will be in conflict with some individual performance standards canfained within Article 3.2, provided that the approving body specifically finds that the beneficial aspects of the proposed project (hence compliance with some standards) outweighs the negative impacts of identified points of conflict. A review of the goals, objectives, and policies of the adopted Comprehensive Plan was conducted and the applicable Goals, Policies, and Objectives are noted: Future Land Use Objective A-1 Property shall be developed or redeveloped, in a manner so that fhe future use, infensity and density are appropriate in terms of soil, topographic, and other applicable physical considerations; encourage affordable goods and services; are complementary fo and compatible with adjacent land uses; and fulfill remaining land use needs. The redevelopment of the subject property is proposed in a manner appropriate and complementary to the adjacent uses #hroughout the neighborhood. The density provides a transition between the mix of single-family residences and multi-family developments. Therefore, the proposal to establish a Bed and Breakfast Inn an the subject property is consistent with the subject Objective. Future Land Use Objective A-4 The redevelopment of land and buildings shall provide for the preservation of historic resources. The objective shall be mef through continued adherence fa the City's Hisforic Preservation Ordinance and, where applicable, to architectural design guidelines through the following policies: __ __ _ __ Planning & Zoning Board -10.'18.10 Staff Report Conditional Use Request for a Bed and Breakfast !nn at 302 NE 7t~' Avenue, Hartman House Page 4 Future Land Use Policy A-4.1 Prior fo approval or recommending approval of any land use or development application for property located within a hisfaric district or designated as a historic site, the Historic Preservation Board must make a finding that the requested action is consistent with the provisions of Section 4.5.7 of the Land Development Regulations relating to historic sites and districts and the "Delray Beach Design Guidelines'; Future Land Use Policy A-4.2 In order to protect the City's historic resources, the Land Development Regulations shall include provisions for designafion of historically significant buildings, structures, archaeological sites, or districts. The City shall conduct periodic neighborhood surveys fo identify and evaluate potential historic resources at Ieasf once every five years. The proposed adaptive reuse provides for the preservation of a locally significant historic resource which had previously been abandoned and essentially left to demolition by neglect. The Historic Preservation Board has made posi#ive findings that the proposaf is consistent with the provisions of LDR Section 4.5.1. Further, the proposed use is strictly limited to designated his#oric resources as a means of providing additional means of protection through adaptive reuse alternatives. Therefore, the proposal to establish a Bed and Breakfast Inn on the subject property is consistent with the subject Policies. Future Land Use Objective C-2 Economic development, with due regard for private property rights, his#oric preservation and character, is an essential component of the redevelopment and renewal effarfs which are directed to the future of fhe City of Delray Beach Specific efforts for the coordination and provision of economic development activities shall be centered in the City Adminis#ration's Development Services Management Group. Historic preservation programs in a community provide additional opportunities far economic development programs by complimenting heritage tourism efforts through the promotion of local history and culture. Additionally, studies have shown that historic preservation efforts protect andlor increase property values when compared to similar properties which are not designated. Therefore, the proposal to establish a Bed and Breakfas# Inn an the subject property is consistent with the subject Objective. Future Land Use Objective C-3 The Central Business District {CBD) and surrounding neighborhoods, including A-7 A, Seacresf and Swinton Avenue represents the essence of what is Delray Beach i.e. a "village by the sea". The continued revitalization of the CBD is essential to achieving the overall theme of the City's Comprehensive Plan by managing growth and preserving the charm. The following policies and activities shall be pursued in the achievement of this objective. The establishment of a Bed and Breakfast Inn at the subject property maintains the essence of that "village by the sea" character the community strives to protect. Further, the proposal will share a piece of Delray Beach history with its visitors. The establishment of a Bed and Breakfast Inn on the subject property is ideal due to its close proximity to an active and vibrant downtown in addition to a variety of o#her amenities that Defray Beach has to offer such as its many community parks and municipal beach. Therefore, the proposal to establish a Bed and Breakfast Inn on the subject property is consistent with the subject Objective. Compliance with LDRs: Whenever an item is identified elsewhere in these Land Development Regulations (LDRs), it shall specifically be addressed by fhe body taking final action on a land Planning & Zoning Board - 10.18.10 Staff Report Conditional lJse Request for a Bed and Breakfast Inn at 302 NE 7th Avenue, Hartman House Page 5 development application/request. Such items are found in Secfion 2.4.5 and in special regulafion portions of individual zoning district regulations. Pursuant to LDR Section ~4.4.6(D)(13), Bed and Breakfast Inns are permitted as a conditional use, subject fo the provisions of LDR Section 4.3.3{l~, Bed and Breakfast Inns, which states, in addifion to the requirements of the underlying zone district, Section 4.5. ?, Historic Preservation Districts and Sites, other applicable general regulations, parking regulations, and special conditions imposed through the conditional use process, the following requirements shall apply to Bed and Breakfasf Inns: (1) Location: Bed and Breakfast Inns steal! only be established as follows: (a) Within designated historic buildings, which are located on Individually Designated sites as listed in Section 4.5.1(x) or on those properties classified as "Contributing" within a designated historic districf, as listed in Section 4.5.1(L); and which are a permitted or conditional use within the zoning district. (b) Not within 300' of another Bed and Breakfasf Inn, measured lot line to Iof Line in a straight line, when located within the Medium-Density, Multi-Family {RM) district. The subject property is individually listed on the Local Register of Historic Places, and is not located within 300' of another established Bed and Breakfast Inn, as none currently exist in the City. {2) Parking: Parking for Bed and Breakfasf Inns shall be provided as follows: (a) Parking shall comply wifh the requirements in Secfion 4.6.9. (b) One (1) parking space shall be provided for the manager/owner and one (1) parking space shall be provided for each guest room. (c) All required parking shall be provided in a manner which will not detract from the character of either fhe neighborhood or the historic property. No designated parking spaces may be located within the front orside-street setback areas (d) Circular driveways, and/or tandem parking spaces with a maximum two (2) car depth are permitted (e) No parking maybe provided via mechanical tiff. The parking illustrated on the submitted site plan complies with the requirements noted above in that there are four (4) guest rooms, and four {4) spaces, including one handicap space, which have been provided along the alley, at the rear of the property. An additional three (3) spaces are located within the garage, at least one {1) of which may be designated for the property owner. It is not anticipated that the proposed design will detract from the character of the neighborhood or historic property in that they are located to the rear of the property, and there are no planned vehicular entries or parking spaces at the front or side street setback areas of the property. To assure that no parking occurs in the side street setback, i.e. areas in driveways to garages along NE 3~d Street, the garage is to remain accessible for three (3) cars at all times. Therefore, the garage is not to be utilized for storage or any other use that would render the spaces unavailable. However, with respect to the requirements in 4.6.9, a revision to the site plan will be required regarding the parking spaces from the alley. Section 4.6.9(D)(2)(b} requires that when parking is adjacent to an alley, the parking space and alley shall have a combined minimum depth of 42'; a depth of 38' has been provided. The adjacent properties to the west of the alley have not yet been redeveloped which would require a dedication of 2' towards the alley. Therefore, a width of combined depth of 40' may be acceptable at this time. The accommodation of an additional 2' in width is attached as a condition of approval. Planning & Zoning Board - 10.18.10 Staff Report Conditional Use Request for a Bed and Breakfast Inn at 302 NE 7~h Avenue, Hartman House Page 6 {3) Common Area: Within each Bed and Breakfast lnn, a common area must be provided for a central dining area and for, at least one (9) reading/discussion/living room. {4) Guest Rooms: (a) There shall be no cooking facilities or food storage facilities in any guest room. Guest rooms do not have to contain bathroom facilities. (b) The number of bedrooms provided for guest use steal! be as existed when the structure was originally constructed with subsequenf additions, unless modifications are necessary to comply with Building, Fire, and/or Health codes. An existing guest cottage, subject to the requirements of Section 4.3.3(Q) may be used as the primary residence of the Property Owner. Historically designated guest cottages may also be used for paying guesfs. (5} Meals: Breakfast shall be the only meal provided for paying guests wha are using the facility overnight. The breakfast meal shall not be served after 11:00 a.m. (6} Maximum Stay: The maximum stay for each guest shall be not mare than fourteen (7~l) days during any thirty (30) day period. A guest book which accurately identifies all customers for each night's lodging shall be maintained by the owner and/or manager. (7) Employees and Personnel: No more than one (7) nonresident may be employed in the management and administration of the facilities on-site. This restriction excludes maintenance and cleaning personnel (8} Property Onvner: The owner of the Bed and Breakfast !nn property must reside on the property. (9} Events: Events and/or private parties shall be limited to the property owner and guesfs staying at the Bed and Breakfast inn. Common areas such as the dining area and living room have been noted on the plan. Guest rooms do not indicate cooking facilities, and the unit above the garage has been designated as the property owner's residence. The balance of the requirements is not associated with the development design; however, a general statement of compliance with these requirements is noted as a condition of approval. i REVIEW BY OTHERS - - ---- .... The Historic Preserrration Board (HPB) reviewed the request at its October 6, 2010 meeting, and recommended approval. The subject property is not in a geographical area requiring review by the DDA (Downtown Development Authority} and CRA (Community Redevelopment Agency). Special courtesy natives were provided to the fallowing homeowners and civic associations: Neighborhood Advisory Council ^ Progressive Residents of Delray Palm Trail Neighborhood Association Formal public notice has been provided to property owners within a 500' radius of the subject property. Any letters of support or objection may be presented at the Planning and Zoning Board meeting. __ Planning & Zoning Board - 10.18.10 Staff Report Conditional Use Request for a Bed and Breakfast [nrt at 302 NE 7th Avenge, Hartman House Page 7 1 ASSESSMENT AND CONCLUSION j The redevelopment of the subject historic proper#y from asingle-family residence to a Bed and Breakfast !nn provides a viable opportunity for the adaptive reuse of a structure which has sat vacant and deteriorating for many years. Additionally, the establishment of the Bed and Breakfast Inn will provide an additional means of economic and tourism development while ca#ering to Delray Beach visitors who prefer destinations rich with cultural and heritage tourism options. Overall, the use is appropriate to the area, neighborhood, and proper#y, and positive findings wi#h respect to the LDRs and Comprehensive Plan have been made. Further, the proposal will not have a detrimental effect upon the stability of the neighborhood nor will it hinder development or redevelopment of nearby properties. A site plan application has been submitted and is being processed and reviewed for LDR compliance. ALTERNATIVE ACTIONS A. Recommend a postponement for the request of a Conditional Use associated with a Bed and Breakfast Inn at 302 NE 7t" Avenue subject to direction. B. Move a recommendation of approva! to the City Commission for the request of a Conditional Use associated with a Bed and Breakfast Inn at 302 NE 7t" Avenue based upon positive findings with respect to Section 2.4.5(E)(5), Conditional Use Findings, Chapter 3, Performance Standards, and Section 4.3.3(Y}, Bed and Breakfast Inns of the Land Development Regulations, and consistency with the Future Land Use Element of the Comprehensive Plan. C. Move a recommendation of denial to the City Commission for the request of a Conditional Use associated with a Bed and Breakfast lnn at 302 NE 7t" Avenue based upon a failure to make positive findings with respect to Section 2.4.5{E)(5), Conditional Use Findings, Chapter 3, Performance Standards, and Section 4.3.3(Y}, Bed and Breakfast Inns of the Land Development Regulations, and inconsistency with the Future Land Use Element of the Comprehensive Plan, subject to the requirements of LDR Section 4.3.3{Y), Bed and Breakfast Inns. 'RECOM'MENDED ACTION Move a recommendation of approval to the City Commission for the request of a Conditional Use associated with a Bed and Breakfast Inn at 302 NE 7~" Avenue based upon positive findings with respect to Section 2.4.5(E)(5), Conditional Use Findings, Chapter 3, Performance Standards, and Section 4.3.3(Y), Bed and Breakfast Inns of the Land Development Regulations, and consistency with the Future Land Use Element of the Comprehensive Plan, subject to the following: 1. That the requirements of LDR Section 4.3.3(Y), Bed and Breakfast Inns be met at all times; 2. That the parking space and alley measurement be adjusted by an additional 2' to provide a combined minimum depth of 40'; and, 3. That Engineering Plans and a Traffic Statement be submitted for review of the Site Plan Application. Prepared by: Amy E. 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K ~ u ~ 4 ~ ~ w ~ ~ W - ~ LL3 - ~ ~ m ~ W ln[1 N J U U Wo r"" [f] 4 ~ " OP ~ ~ ~ ~ a a ~ ~ TT ~ - ~ ~ ~ ~ P ~ - xa _ ~3 ~ Usk 1~ ~ W 4 O O c c w Q U O Z J_ Q H l7J L] C7 Z_ F Z Q .,.J a .k a O Z 3 &o~z ~~~$~ ~a~w~ ~~~~~~ Nz aw ~ ~ O ww ~ a 'A ~cc ?CAww ~m JG~3~ J 4 L77] Q OQ KN 4LLHy w J Q f5 O Z' Q Li.E Ga liJ U Q [,7 _~ Z a z ~: ~; ~E 00 J F ~ ~ V ~ m ~ V rr Z ~ ~' Z c v m '~ ~' r~ z ~ - s ` W q ~ ~W~z y ~' z ~ ~ a E~ u1~ ~w ~ ~ ~~ m K Q ? ~ ^ C[[ C CW~~~ ; ~ JW ~a r w~ ~ra~ y j ~ ~ ~ ~ r ceoavm s ° w~ a 3~ ~ ~N ~ w ~ ~ ~ " "'' y W F ~ ° _ ~o~~ io ~r "r' ~> ~" ~z ~ a ~ ~ ° ~ w ~ e ~ ~ c' o w ' ~Qln J2'~ o CJ a~ ~ ' W~ 0. W J - d XW Q vI o w ~ o J y F[n04r J 'p~Z v ~ . Z ~LL_ ~ w ~ O K~ Q Z r LL ~] 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 27, 2010 SUBJECT: AGENDA ITEM 9.C. -REGULAR COMMISSION MEETING OF NOVEMBER 2, 2010 REQUEST FOR IN-LIEU OF PARKING SPACE /BRIGHT HORIZONS D/B/A 32 EAST ITEM BEFORE COMMISSION The item before the City Commission is consideration of a request from Bright Horizons, d/b/a 32 East for the purchase of one (1) in-lieu of parking spaces and the associated payment agreement. BACKGROUND Bright Horizons d/b/a 32 East, a restaurant located at 32 East Atlantic Avenue, has submitted a Class III site plan modification for construction of a 241 square foot balcony on the facade of the building adjacent to East Atlantic Avenue. The intended purpose of the balcony is two-fold; providing a convenient outdoor area for attendees of functions held in the banquet room on the second floor and to improve shelter from the elements, beyond that of the current slatted canopy, for diners seated at the sidewalk cafe. Land Development Regulations (LDR), Section 4.4.13(G)(1) requires the provision of parking in the event of a change or expansion of use in the Central Business District (CBD). The parking requirement for restaurants is six (6) spaces per 1,000 square feet of gross floor area. The 241 sq. ft. balcony requires 1.45 spaces, which, based on recent LDR modifications rounds down to one (1) space. LDR Section 4.4.13(G)(1)(c) states, "if impossible or inappropriate to provide the required parking the provisions of Section 4.6.9(E)(3) - In-Lieu Fee, may be applied." Given current site conditions it is impossible to provide additional on-site parking. Therefore, the applicant is requesting approval for the purchase of one (1) in-lieu of parking space to accommodate construction of the balcony. The subject property is located in Area 2 of the in-lieu program, where spaces are $15,600 each, resulting in a total fee of $15,600. As owner of the property, the applicant is requesting payment be made in accordance with LDR Section 4.69(E)(3)(d) by entering into an In-Lieu of Parking Fee Agreement, the terms of which are 50% paid upon ratification of the agreement and subsequent payments of 25% on the second and third anniversaries of the agreement. As previously stated, the balcony is being provided as an amenity to patrons whose parking has already been accommodated and is not likely to generate additional vehicular trips. Additionally, given the close proximity to the Federspiel and Old School Square Garages, combined with the curbside valet service, Staff is confident that approval of the request will not create a negative impact on the surrounding neighborhood. Comprehensive Plan Policy C-4.1 of the Future Land Use Element encourages the rehabilitation and revitalization of the CBD through several means, one being the accommodation of parking through innovative actions such as the in-lieu of parking program. REVIEW BY OTHERS The Parking Management Advisory Board, Community Redevelopment Agency and Downtown Development Authority, at their respective meetings, all recommended approval of the applicant's request. RECOMMENDATION By motion, approve the request from 32 East for the purchase of one, (1) in-lieu of parking space and associated In-Lieu of Parking Fee Agreement, in accordance with LDR Section 4.6.9(E)(3), by adopting findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets criteria set forth in Section 4.6.9(E)(3) of the Land Development Regulations. IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA IN LIEU PARKING FEE REQUEST FOR 32 EAST 1. This in lieu parking fee request for the purchase of 1 parking space in-lieu has come before the City Commission on November 2, 2010. 2. The Applicant and City staff presented documentary evidence and testimony to the City Commission pertaining to the in lieu parking fee request for 32 East at 32 East Atlantic Avenue. All of the evidence is a part of the record in this case. Required findings are made in accordance with Subsection I. I. IN LIEU PARKING FEE: Pursuant to LDR Section 4.6.9(E)(3), when additional parking is required due to expansions of use to an existing building and it is impossible or inappropriate to provide such parking the City Commission may approve the payment of an in lieu fee rather than provide the required parking. In the case of expansions of use, no existing parking spaces may be eliminated. Does the In Lieu Parking Fee request for the purchase of 1 parking space in-lieu meet the requirements of LDR Section 4.6.9(E)(3) and the conditions, if any, listed below? At $15,600 per space totaling $15,600.00 on the condition that fifty percent (50%) be paid upon signing the agreement and twenty-five percent (25%) be paid on the second and third anniversaries of the agreement. Yes No 3. The City Commission hereby finds that the In Lieu Parking Fee Request meets the requirements of 4.6.9(E)(3) of the Land Development Regulations, with the conditions listed above, if any, and the City Commission has applied the Comprehensive Plan and finds that its determinations set forth in this Order are consistent with the Comprehensive Plan and Land Development Regulations. 1 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 in lieu parking fee request as set forth above. 6. Based on the entire record before it, the City Commission hereby adopts this Order this 2nd day of November, 2010, by a vote of in favor and opposed. ATTEST: Chevelle Nubin, City Clerk Nelson S. McDuffie, Mayor 2 Prepared by: RETURN: R. Brian Shutt, Esq. City Attorney's Office 200 N.W. 1st Avenue Delray Beach, Florida 33444 IN-LIEU OF PARKING FEE/REIMBURSEMENT AGREEMENT THIS AGREEMENT ("Agreement") is made as of the day of , 201 by and between THE CITY OF DELRAY BEACH, a Florida municipal corporation of the State of Florida ("City"), and Bright Horizons, d/b/a 32 East, owner of the property ("Owner") WHEREAS, Owner is the owner of certain real property located at 32 East Atlantic Ave., Delray Beach, Florida, and referred to herein as the "Property"; and WHEREAS, Owner has applied to the City for approval for the construction of a balcony on the facade of the building adjacent to East Atlantic Avenue; and WHEREAS, as a condition of approval for the development on the Property, Owner must provide certain parking as required under the Land Development Regulations of the City. Section 4.6.9(E)(3) of the Land Development Regulations provides that the City Commission may approve the payment of a fee to the City in-lieu of providing required parking; and WHEREAS, Owner has requested that the City Commission approve the payment of a fee to the City in lieu of providing one (1) required parking space for the construction of the balcony and the City Commission has approved this request; and WHEREAS, Section 4.6.9(E)(3) of the Land Development Regulations also provides that the in-lieu parking fee shall be Fifteen Thousand and Six Hundred and 00/100 Dollars ($15,600.00) per parking space; and WHEREAS, the parties desire to enter into this Agreement in order to confirm the terms of the in-lieu fee and reimbursement. NOW, THEREFORE, in consideration of the foregoing, the mutual covenants and conditions contained in this Agreement, and other good and valuable considerations, the receipt and sufficiency of which are hereby acknowledged, the parties hereto, intending to be legally bound, hereby agree as follows: 1. The parties hereby represent and warrant that the foregoing recitals are accurate and correct and hereby incorporate them in this Agreement. 2. The Property to which this Agreement applies is legally described as follows: See Attached Exhibit "A". 3. The City hereby confirms that, pursuant to Section 4.6.9(E)(3) of the Land Development Regulations, it has approved the payment of the fees described in this Agreement in-lieu of providing four (4) of the required number of parking spaces for the development of the Property. 4. Owner shall pay to the City a total in-lieu of parking fee of Fifteen Thousand and Six Hundred and 00/100 Dollars (which represents $15,600.00 per parking space). The total fee shall be paid as follows: (a) One payment in the amount of Seven Thousand and Eight Hundred and 00/100 dollars ($7,800.00) by check delivered to the City upon execution of this Agreement by the Owner. (b) Two payments, each in the amount of Three and Nine Hundred and 00/100 dollars ($ 3,900.00), due on the second and third anniversary of the date of this Agreement. (c) Each payment shall be made to: Finance Department City of Delray Beach 100 N.W. First Avenue Delray Beach, FL 33444 5. In the event Owner fails to make the payment in the time allowed, the City shall provide written notice by certified mail, return receipt requested to Owner at 32 East Atlantic Avenue, Delray Beach, FL, 33444, or at such other address as may be designated by Owner by written notice to the City. The City's notice shall request that Owner make the past due payment no later than thirty (30) days from the date the notice is received. Failure of Owner to 2 remit payment within this thirty (30) day period shall be deemed breach of this Agreement. The City shall thereby be entitled to file suit in a court of law seeking all payments due, interest, costs, and attorneys' fees. 6. All of the terms and provisions of this Agreement shall be binding upon, inure to the benefits of and be enforceable by, the parties to this Agreement and their respective successors, legal representatives, and assigns. 7. This Agreement shall constitute the entire agreement of the parties with respect to the subject matter of this Agreement. All prior understandings and agreements between the parties with respect to such matters are merged into this Agreement, which alone fully and completely expresses their understanding. 8. This Agreement may not be amended, modified, altered, or changed in any respect, except by a further agreement in writing duly executed by each of the parties to this Agreement. 9. This Agreement is not valid unless signed by the City's Mayor and City Clerk. 10. This Agreement shall be governed by the laws of the State of Florida and venue shall be in Palm Beach County. 11. This Agreement shall be recorded in the Public Records for Palm Beach County, Florida. IN WITNESS WHEREOF, the parties to the Agreement have caused this Agreement to be duly executed on their behalf as of the dates set forth below. ATTEST: CITY OF DELRAY BEACH, FLORIDA By: By: Nelson S. McDuffie, Mayor City Clerk Approved as to Form: By: City Attorney WITNESSES: OWNER: By: Print Name: 3 Print Name: (CORPORATE SEAL) STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this day of , 2008 by (name of officer or agent, title of officer or agent) of (name of corporation acknowledging), a corporation, on behalf of the corporation. (state or place of incorporation) known to me or has produced Signature of Notary Public -State of Florida He/She is personally as identification. 4 n: n. 4A7 r ~ ~~ ~ I ~~~~ ~ 4~~ .. .~n4M+k~, Jl " "~""~" w ~ ~~ . ~'~E.xtALTLAN~C A-VENU _~ ~F ~: ~,. ~ r ~; z .~ ~ ~ ~~.~.~- w ~- a ~~ r, ~. EASE' 0 N Y W ~F z ~~ ~ F~ a Q ~- ~~ ~r~ y ~ ~ ; ~~ • ~~ .~ rt ~ ~ ~ k z ~t ~ ~ - ~~ , ~. ~~ ,; 1 , r ~ ~~ , ,~ y ,, ~ 'lS ~. R IJ+' ~ - *~; II ry ' l 1~ aql# ~i rr ~^ 'tJ ,,,gym ` ,. ~; ~ ~. s ~~ o o a+ r r~ `T `, ~ ~" ~ f 1 ~ N . `' ~ I ~ ,~; ,, t . ~ :~ -. Ewa r lif 1~* ~a , ,~, . ~ ~ ,. +~ O ~ :rb, . ~w ~ o ;~ r* r ~+ , m~ ' ~ - ;~ ~~ _ ~ i ~ s 3 I 0 ~. . ~R ~ : ~, Cn rrW VJ ~ ray { ~~( ,i 1 y a e J ~~~ ~ M . 'r ~, . ~ ry ~;, ~i?5 *i."* i ~ ~ ~~ ~ CITY of DELRAY BEACH 32 EAST DATE:10/28/2010 ®pd ENVIRONMENTAL SERVICES DEPARTMENT ~ 434 SOUTH awHroN AVENUE, DBAAY BEACH, ROFiDA 33444 FILE 2010-200 # 1 o f 1 ,~ ~ MEMORANDUM TO: Mayor and City Commissioners FROM: Robert A. Barcinski, Assistant City Manager THROUGH: David T. Harden, City Manager DATE: October 26, 2010 SUBJECT: AGENDA ITEM 9.D. -REGULAR COMMISSION MEETING OF NOVEMBER 2, 2010 CONSIDER APPROVAL OF CHANGES TO SPECIAL EVENT POLICIES AND PROCEDURES ITEM BEFORE COMMISSION Commission is requested to approve proposed changes to the Special Events Policies and Procedures as attached. BACKGROUND In reviewing the Special Events Policies and Procedures with the City Attorney's Office it was determined that changes needed to be made to the appeal process when staff denied a permit. After reviewing event permits submitted in December, staff is also recommending other changes. All were reviewed and approved by City staff, DMC Executive Director, DDA Executive Director, Old School Square staff and a major event producer. Major changes are as follows: . Appeal process is changed to permit a review by City Commission, Section IX. . Minor event cost limit was increased to $1,500 from $1,000, Section II (C). . Two (2) major events would be allowed in a month versus one (1), Section III (D). . Four (4) versus three (3) intermediate events would be allowed in a month where there is a major event and five (5) in a month with no major event, Section III (G). . Added staffing and parking concerns as a reason for denial, Section VIII (N) The above changes are intended to minimize appeals to City Commission. RECOMMENDATION Staff recommends approval of proposed changes to the Special Events Policies and Procedures as attached with an immediate effective date. CITY OF DELRAY BEACH SPECIAL EVENTS POLICIES & PROCEDURES I. Defini#ions A) Special Event -- A special event is anon-routine happening or social activity bringing a large number of people together in a defined area on City facilities, right of way, or private property which requires City services to ensure safety and coordination. Special events include activities such as festivals, concerts, sporting events, parades, walks and runs, etc. This definition does not apply to events held at the Tennis Center, which require a separate contract. B) Procl-~cer --- An organization that is responsible for all aspects of an event or performance (advertising, marketing, talent costs, insurance, hold harmless agreement, etc.) and is responsible for all revenue and expenses for that event. C) Sponsor - A business, organization, agency or individual who gives cash or in- kind product or service to support a producer of an event or production by agreement, for the benefit of that agency, business, organization or person. II. Tunes of Events A) _Maior Event -- An event of one or more day duration with a cast of over $12,000 for City services, staff overtime and equipment use. B) Intermlediate Event - An event of one or more day duration with a cast of between X899 $1,500 and $12,000 for City services, staff overtime, and equipment use. C) Minor Event -- An event of one day or less duration, with a cost of under ~A99 1 500 for City services, staff overtime, and use of equipment. III. General Policies A) Event producers are required to obtain all City, State, County and Health Department permits, licenses andlor inspections as may be needed. B) Event producers are responsible for submitting in writing permission as may be required from other governmental agencies, private property owners, and designated managers of City property including Old School Square for use of their sites for an event. U:Iw~vdatalSpecial Event RequestlSpecial Event Policies and Procedure 1.1NAL p'Y10-11(2}.doe C) Event producers are primarily responsible for event promotion, marketing and advertising. City assistance may be provided through its Public Information Officer, web page and other printed publications. D) Only ene two 2 major event will be allowed per month., including Ore additional a major event ~1~° °'~ held ~ at the Tennis Center. E) A major and intermediate event will not be allowed on the same day. F) No more than two (2} intermediate events will be allowed within the same week. G} Only #~tee-~3-) four 4 intermediate events will be allowed in a month where there is a major event and only fear-(~} five 5 will be allowed in a month without a major event. f}~ City staff will assist in obtaining parking lot use agreements from the County and CRA as may be needed. 3}~ Event producers or their contractors are required to submit required certificates of insurance, to include liquor liability when applicable, hold harmless agreements, and any required cash bonds to the City at least one ~ week before the event. ~}~ All events except for minor events and SK runs are required to attach to the event application a copy of the Arts and Economic Impact Calculator ~ showing economic impact as obtained an line at www.AmericansForTheArts.org. IV. Submittal Requirement Ar j~izraiiiai'aai weir ~-},A~ Mhlri~t~ Submittal Time - Maior Event -Initial requests including permit application and all back up material, must he submitted to the City Manager or his designee at least 120 days prior to the event.- but not more than 12 months in advance. 2. Intermediate Event -Initial requests including permit application and all back up material must be submitted to the City Manager or his designee at least 90 days before the event: but not more than 12 months in advance. 3. Minor Event -Initial requests including permit application and all back up material must be submitted to the City Manager or his designee at least 45 days prior to the event.-but not more than 12 months in advance. U:h«vdatal5peciall/ventRequestlspecia{ Event Politics and Procedure FINAL PY10-11{2).doc ~~ Event submittals may require (based on the type and the size of the event) the following: 1. Budget 2. Site plan 3. Parking plan 4. Traffic plan 5. Private security plan 6. Alcohol control plan 7. Police security plan 8, Pyrotechnic permit submittals shall be submitted to the Fire-Rescue Department at least 30 days prior to the scheduled display. 9. Certificate of Liability Insurance, minimum of $1,000,000 and the City named as certificate holderladditional insured 10. Alcohol Liability Insurance 11. Hold Harmless Agreement 12. Maintenancelclean up plan 13. Entertainment schedule 14. Load in and take down schedule 15. Public Health Department Inspection All events shall be subject to compliance with Chapter 99 of the City's Code of Ordinances entitled "Noise Control." ~~ Event staffing Police -police or other trained non-sworn personnel may be required 1. At the discretion of the Chief of Police or hisfher designee based upon projected attendance numbers, type of event, traffic/pedestrian concerns, geographic location and site layout. 2. Mandatory police personnel are required for events where alcohol is served or sold by the event producer, event vendor, or other businesses within the event foot print. Fire -mandatory staffing may be required as determined by the Fire Chief or hisfher designee in consultation with the City Manager or his designee normally when the total estimated crowd at anyone time in the venue area exceeds 2,500 people. However, staffing requirements must take into account venue risks, type of activity, and other safety considerations in addition to the size of the event. If the PolicelFiz•e Department determines that there is no undue risk to public safety, then PolieelFire staffing of the event is not necessary. C~:1«~u~datalSpecial Event Regi~estlspecia! Event Policies and Procedure FINAi. FYl©-l 1{2}.doc Event producers may through agreement with the Police Department, substitute or add whenever possible private security for certified police offzcers. Event producers may also with City approval, substitute other tasks generally performed by the City with volunteers or private contractors, such as trash clean up. li}D) Minor events will be approved or disapproved at the staff level; all other events will be approved by the City Commission. V. Event Paynient far City Services -Event pz•oducez•s will be required to pay for costs incurred by the City per the following schedule. Event producers are also required to pay full costs for any equipment or supplies that the City may be required to rent or purchase for the event. These may include but are not limited to generators, portable light towers, barricades, trash boxes, tables, chairs and tents. Producers are also required to pay the fii11 rental cast of the large City stage and costs for towing vehicles required for event safety and set up. Non-profit and charitable organizations are defined as those with a 501c(3}, c{q~), c{6), e{10} and c{19) designation. All other producers not designated by the City as non-profit/chaz•itable will be considered as private producers. In order to be considered as anon-profit under one of the categories above, the event producer must have the IRS designation by the time of the event and prior year audit if available. A} City sponsored or co-sponsored event - No charges far City casts. Events produced by Old School Square and the Downtown Marketing Cooperative - 3S% of costs not including regular time for which they are not required to pay 100% ~. B} Privately Produced Events -Charge schedule will take effect as of October !, 2007. Privately produced events are required to pay 100% of all City costs, not including regular time, to include but not be limited to ovez•time costs and fringe benefits. C) Non-Profit/Charitable OrgaEiization Produced Events 1. Minor Event 50% of total City costs 2. Intermediate and Maior Events Charge 75% of costs not including regular staff time for which they are not required to pay 100% ~. U:1~`~•datalSpecial Event lteguestlspecial Event Policies and Procedure FINAL FY10-11(2),doc D} New Events -Any new event proposed to be held after October 1, 2007 will be charged 100% of all City costs. (Does not apply to events produced by Old School Square or the Downtown Marketing Cooperative.) E) Ollt of City Sponsored Events -Events produced by an organization located outside the City of Delray Beach will be required to pay 100% of all City costs except regular time after October 1, 2007. Outside of the City will be defined as location of IRS approval. Local not for profit may not act as presenting agent or organization, F} Permit Fees -Event processing permit fees will be charged as follows and are non_refundable: 1. Minor event $ 75.00 2. Intermediate Event $150.00 3. Major Event $250A0 4. Permit fee due at time of application submittal. Above payment structure does not include charges that may be contracted for use of Old School Square or Tennis Center. Charges specified in contracts for these sites may be different from andfar in addition to the above schedule. Event producers are required to pay full casts for any equipment or supplies that the City may be required to rent or purchase for the event. These may include but are not limited to generators, portable light towers, barricades, trash boxes, tables, chairs and tents. Producers are also required to pay the full rental cost of the lazge City stage and towing costs. VI, Par, lcin~ A) Reserved Parkin: Event producers may request use of City owned surface lots for reserved parking. Requests need to be in writing andlor on the site plan included in the event permit package. B} _Paid Parkin ;The City, at its discretion will determine, based on event impact, whether or not it (City} will charge for parking in City owned parking garages, City owned surface lots and in the County Parking Garage. Revenue from said parking will be retained by the City to offset operating costs of parking. lots. C) Community Redevelopment Agency Pa~•lcin~ Lots: Requests to use parking lots owned by the Delray Beach Community Redevelopment Agency foz• reserved parking or paid parking are to be made in writing to Delray Beach Community Redevelopment Agency, 20 North Swinton Avenue, Deh~ay Beach, b'L 33444. D) Palm Beach Coun !South Coun Court House Parldn Gara e: By agreement with Palm Beach County, the City of Delray Beach, the Delray Beach U:he-wdatalSpecial F,vent Regi~estlSpecial Event Policies and Procedure FINA3. FYl O-G 1(2).doc Public Library or the Delray Beach Community Redevelopment Agency may request use of the South County Cotut House Parking Garage for paid ox free parking. The County requires both the approval of the City and Library for its use. The County requires that this lot be manned by a professional parking management company that is bonded or by the City if manned by a certified Police Officer. Any requests to utilize this garage must be made to the City and the Library. Palm Beach County does not allow the use of this garage during noz•mal courthouse operating hours and requires reservation of spaces after ho>.us and weekends if their employees are working in the Courthouse. E) Delr each Public Library Surface Lot: Requests for use of this lot need to made directly to the Delray Beach Public Library, 100 West Atlantic Avenue, Delray Beach, FL 33445, with a copy to the City. V1(f. Nei hborhoocl Block Parties -Permit applications for neighborhood block parties will be reviewed by the City Manager or his designee. Consideration of approval will be based upon the following policies; A) Permit applications must be received in writing by the City Manager's Office at least 30 days prior to the event. B} Permit applications must be submitted by the Homeowners Association or where there is no Homeowners Association by other individuals with a petition signed by 51 % of the homeowners who live on the block, C) Approvals will only be given for a one {1) block area. D) Consumption or sale of alcohol on City rights-of way will not be permitted, E} Structures other than barricades are not allowed in the City rights-of-~vay. F) Homeowners Association will be required to pay all overtime casts that may be incurred. G) Impacts due to other events will be considered in approval process. H) Applications will not be approved for any activity past 10 p.m. I) Approvals will not be given for individual homeowner sponsored parties or events. VY>C)l. Grounds for Denial of Permit -Permit applications shall be reviewed by the ~tant City Manager or hislher designee within thirty (30) days of submission of -the permit application. Permits may be denied for any of the following reasons: U:lHtic•datalSpecial Event RequestlSpeeial Event Policies and Procedure FEi~fAL PY10-.11(2).doc A} The application for permit (including any required attachments and submissions} is not fully completed and executed; B) The applicant has not complied with Event Policies and Procedures; C) Submittal of permit application less than the minimum submittal day requirements per section IV(A); D) The applicant has not tendered the required application fee with the application or has not tendered the required user fee, indemnification agreement, insurance certificate, or security deposit within the times prescribed by the Assistant City Manager or his/her designee; E} The applicant has not tendered the required fee, or a portion thereof for prior year's events; li} The application for permit contains a material falsehood ar misrepresentation; G) The applicant is legally incompetent to contract or to sue and be sued; H) The applicant or person on whose behalf the application for permit was made has an prior occasions damaged municipal property within the City of Delray Beach and has not paid in full for such damage, or has other outstanding and unpaid debts to the City of Delray Beach; I) A fully executed prior application for permit for the same time and place has been received, and a permit has been or will be granted to a prior applicant authorizing uses or activities which do not reasonably permit multiple occupancy of the particulal• municipal property or part hereof; J) The use or activity intended by the applicant would conflict with previously planned programs organized and conducted by the City of Delray Beach and previously scheduled for the same time and place; K) The proposed use or activity intended by the applicant would present an unreasonable danger to the health or safety of the applicant, ar other users of the park, of City Employees or of the public; L} The applicant has not complied or cannot comply with applicable licensure requilements, ordinances ar regulations of the City concerning the sale or offering of any goods or services; M} The use or activity intended by the applicant is prohibited by law, by the City's Code of Ordinances or by these regulations. U:1«~rdatalsperial went Req~~estlspecial Event Po3icies and Procedure FINAL FY10-l t(2).doc N) e~€e~~~ne- The a licant's staffin arkin needs cannot be met b the Cit . IX. A_~neal_Process -Permit denials may be appealed in writing to the City ~4ar• Commission within t~~9} fifteen f 15} days of the denial eed hle,"~ar~i~'~ ''° ~ealed--~u~Il-ri--~Tc~y".~-s~#he-aeni~: The City Eger Commission must render a written decision within ~e-{-5) ten 10 days after the City Commission meeting; at which the appeal was considered. #~erea~ter• ~s~ee ~,.;.k;,, t..~~r_z~~,~~..,°~n ~n~~n If the City I~Ianager Con~nission upholds the permit denial for an event, regardless of classification, then the applicant may appeal the City ~~-'s Commission's decision to the Circuit Cout•k of Palm Beach County within thirty {30} days. 1J:lr~~vdatalspecial Event Requestlspecial Event Policies and Procedure FINAL PY10-].l(2).doc MEMORANDUM TO: Mayor and City Commissioners FROM: Robert A. Barcinski, Assistant City Manager THROUGH: David T. Harden, City Manager DATE: October 19, 2010 SUBJECT: AGENDA ITEM 9.E. -REGULAR COMMISSION MEETING OF NOVEMBER 2, 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 grant an appeal from 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. The event producer is appealing to Commission to allow this event since this would be the fifth Intermediate event of the month and the Event Policies and Procedures state the limit is four (4) per Section III (G). RECOMMENDATION Staff recommends consideration of an appeal 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 the sponsor. City of Delray Beach Special Event Permit 1~pplxcation PLEASE TYPE OR PRINT _ a~c~as B~rH -~~ ~ a-a~~c~ ~!1!E® 1993 2C107~' +~ ~ ~ ~~~~ Event NamelTitle: 4th Annual Downtown Delra Beach Art & Craft Festival M~~j$~'~q~~y~~~~~1C~& Event Date(s): December 25 27, 2010 Times: Sunda and Monde : IQAM SPM Event SponsarlProducer: Delra Beach Downtown Devela went Authori Event Contact/Cavrdinator: Hv and Alan E entsl Am rican Craft Endeavors Narne: Howard Alan ...---- Address; 9595 W. Braward Blvd ,Plantation, FL 33824 ------ Telephone Number: (954) 472 3755__Cellular Number: (954) 661-8385 E-mail Address:. Info@artfestiy_al.conz - - Event Description/Purpose: O t nd craft felt' 1 A 1 cultural an v pity atherin a ortuni Brief History of Event {lf applicable): This is the 4th,ygar this festival has been serv~ng_ this cvmmuni Planned Activities (outline of activitieslnumber of activities, i.e. entertainment, children's rides, games, other programs): Varied artists and crafters exhibitin~_and selling their hand-made items. Number of Individuals Served Previous Year {if applicable): 4200 Describe the targeted population and expected attendance: 4 local reside t are ar eted t'o Describe haw the program or project addresses community needs: Providin a free festival with artists ran in in mediums from 'ewerl to scut tares. Acts as a eonununi cultural and civic event. Describe your MarketinglPrarr~otions Program (How will you inarketlproxnote, i.e. T`V, radio, posters, flyers, web sites, other); We will advertise in news a ers online resence local television stations ward of mouth and fl ers. Sponsor Category (please check) City a Non Proft{Charitable ~ Private ~ Co-Sponsor--Non-ProfitlPrivate ~ (If Nvn ~rvfrt attvc)t ~rvof of SQ)c(3), c(4), c(6}, C(I ~)r ©~' c(~9) 01' {[I) Event Location (Describe area boundaries of event/Lacation): NE 2nd Ave fxom the alley wa north of atlantic Ave to abo t 440 feet north of NE 3rd St in P'nea le See a Site plan attached: yes_ X no (Site,~lan rer~arirerl for entire event site. Include locations of tents, stage, portalets, dumpsters, portable lighting, and barricade location if applicable.) Rental of Old School Square: yes no X (If yes, attach proof of approval) Private Property Use: yes no X (If yes, attach letter giving authorization from property owner) Event budget attached; yes X no, (Rer~rtirerl fvr all everts) Previous year Revenue/Expense summary attached: yes X nc~ (Required for all events) Do you have cash sponsors for the event: yes no X (Indicated an budget) Do you have inkind sponsors far the event: yes X no (Indicated an budget) C:`Documents and Sett9ngsll.isitiC?es1.-toplSpecial Event Hermit Application FINAL 9.6A7.doc Serving or selling alcoholic beverages: yes nq-~ X (I• f yes, co~ry of license airtl alcohol IiaLility rnsrtru~ce re~uirecl twa {2) rs~eeks prior to evetrt) Event certificate of insurance attached; yes X no (Required tsvo (2J rveelis prior tv ever?t ~rarrriftg the City as arlditinnal insured, also required for vendors) Playing of arr-pliiied music: (Waiver required) yes no X Will there be entertainment: yes no X _ {If yes, attached list of Performers and/or DJ's) If yes, sponsor agrees all entertainment ~vi11 be family oriented and contain Rio obscenities: yes no Requesting Police assistance: yes~_ no {traffic controllsecurity) Will supplement with private security: yes X no (If yes, rreerl plan attrrcherl) Requesting Emergency Medical assistance: yes no X Requesting barricade assistance: yes X no {If no, hour are you handling?) Requesting trash removallelean up assistance: yes no_, X {Will be billed to sponsor) Requesting trash baxesJcontainers and liners: yes no X Requesting stage use: yes no X (~. f yes, claeclc type) Laz•ge stage (14' x 35') a Small stage (I6' x 21'} n Half small stage {8' x 2l') ca Requesting signage: yes X no Type: 4'x4'>Cventslgn X Parking Signs Banner liaaging Iudicate dates required (WIIiVer reglliretl i,~'srtore tlrar~ arse (l) week privy to event) 12equesti~ag City Portable Generator: yes no X (lf yes, size & paver) Food acid beverage vendors: yes X no If yes, approximate ne~ml;ea• 2 3 ing for t~e~t {Health Department approval required) yes~p]„yjn~ no C:1Dacunientsand Settingsll,isilDest;toplSpeciat 1~tient P~rntit Application ftNAi.4,6,07.doe Other vendors: (Indicate type} yes __ nomx __. Tents: yes X no If yes, Hoiv mrtrry tpp What size or size rerlrrirerl ifl'x10' (If yes, tenf perm:lfs rrnrl fire ift~ections trtuy Le needed) Will the event include amusement rides: yes _ nom (If yes, ryJre rrrirl location: rrird copy of !nobility irisrrrarrce regrrirerl, also requires sfrcte license and inspection.) Will the event be gated: (Slrosv orr site rtrap) yes no_, ,X , Will there be a charge far the event: yes no X (If yes, inrlic{rte ticket pr•iees) Will there be fireworks or other pyrotechnics: yes no~,~„____ (If yes, contact Fire Mrrrsltrrl to obtain rand corrrplete perrtrtf rrpplfcrrtinrt) Will there be cooking with compressed gas. yes no X (.lf yes, corttrret Frre ~r~rsJtrrl for inspections} Will you be providing port-a~lets for the event: yes.. X no (If yes, locate of:~stte rttap. 1f no, infiltrate lroyv you rvfll frarrrlle reslroorrt rteerls) Ts reserved parking requested: yes no X (If yes, indicate lncatior7s rrjlrl pr{rpose fnr arse) Event Permit Attachments: X RevenuelExpense Budget X Revenue/Expense Recap Last Years Event x Site PLan - Letter Requesting Noise Ordinance Waiver Letter Requesting Waiver Consumption Alcohol Beverages Proof ofNon-Profzt Status X General Liability Insurance Certificate Alcohol Beverage Liability Certificate Proof of Dental Agreement or Authorization Lettez• from Private Property Qwner X PIoLd Harmless Agreement Submittal Date Requirements: • Minor Event ~5 days prior to event • Intermediate Event 90 days prior to event • Major Event 120 days prior to event • Neighborhood Block Paz-ty 30 days prior to event C:lpncunients and Set3ingst[.isi1T]es~:toplSpeaial E~~cnt Permit Application F13VAl. 9.b.Q7.d©c '1!23110 Event antracto-•ICao~•dinato~• Date Please print: Hor~vard Alan Please enclose the appropriate non-refundable application fee payable to the City of Delray Beaclx,lQO N.W. ls` Avenue, Delray Beach, Florida 33~44~. Required with permit application. For Staff Use ~rtdy ..~ Date Received '~/~ b~t 6 Application fee received $ / C:1€aocUments said Settir~gsli,isilDeskloplSpeeinl went Permit ApplicaFia~ FIh3AL 9.b,47.doc NV~11SY AVM J ~ ~i s~ `~ ~_ ~_ h, x~ }[ 3 ^~ 4`M; ~~~ ~ ~~ ~~ °~~ -~ s~ b 9~ ~i InnJ ~S rJ .p American Graff i=ndeavors Ord Annual Downtown Delra Beach Holida Tirne Ar t & Craft Festival ©ecember 2~ & 27, 20'1U PROPOSED BUDGET FOR Dec ember 20'10 Income Number of Crafters 12q Crafter Revenue $2fl 125 Number of Food Vendors 2 Eaod Vendor Revenue ~90o.ao Tota! Revenue $21,fl25.00 EXPENSES Advertisin Boca Raton News Ex erase $1 575.00 Palm Beach Post Ex erase $2 35fl.18 South Florida News a er Ex erase $690.00 Sun Sentinel Ex ease $3 200.00 Adrrertisin SubTotal $7 815.18 S~t'V1C~S Permit Palm Beach Coun Health Ex erase $25.0© 5i na e AA Si n Lines Ex erase $475.00 Sanitation - Portolets Able Sanitation Ex erase $572.50 Sanitation - Dum sters Southern Waste Ex ease $752.69 Sanitation Tents 4 Events Ex erase $475.00 Barricades Bab's Barricades ~ Ex ease $350.00 Securit Delra Beach Police ire artmen Ex Erase $1 '100.00 Rentals Tents 4 Events Ex erase $400.00 Gra hies for advertisin Ex erase Ex erase $75.00 Pa roll Hela ne 8tillin s & StafF Ex erase $1 750.00 Renta[ Pro ert Delra Jaint Venture Ex erase 3 000.[10 Lod in sand meals travel Ex erase $400.Ofl Two Million botlar liabilit ins olio Ex erase $650.00 Administrative Overhead tele hone mallin s etc Ex erase $1 100.00 Service SubTotal $11 125.18 Total Ex erases $18 940.37 Show Profit $2 084.83 American Graff Endeavors 3rd Annual Downtown Delra Beach New Year's Wee knd Craft Festival December 26 & 27, 2Ufl9 PROPOSED BUDGET FOR December 2009 income Numl7er of Crafters 920 Crafter Revenue $z0 9z5 Numher of Food Vendors 2 Food Vendor Revenue $944.40 Tc~tai Revenue $29,025.00 EXPENSES Advertisin Sava Raion News Ex ense $1 575.40 Palm Beach Past Ex ense $2 354.98 South 1=lorida 1Vews a er Ex ense 594.40 Sun Sen#inel Ex ense $3 704.44 Advertisin SubTotal $8 315.98 ServiC@S ' Permit Palm Beach Coun health Ex ense $25.fl4 Si na e AA Si n lines Ex ense $~75,fl4 Sanitation - t'ortolets Able Sanitation Ex ense $572.54 Sanitation -Qum stars Sou#hern Waste Ex ense $752,89 Sanitation Tents 4 Events Ex ense $475,44 Barricades Bob's Barricades . E x ense $35fl.04 Securit Clt Of Delra Beach Ex ense $9 140.00 Rentals Tents 4 Events Ex ense $400A0 Gra hics for advertisin Ex ense Ex ense $75.44 Pa yolk Hela ne Stillin s & Staff Ex ense $9 750.40 Renta] Pro art Delra Joint Venture Ex ense $2 000.40 Lod in sand meals travel Ex ense 4fl0.40 Two Million Dollar liabili ins olio Ex ease $650.{!4 Administraiive Overhead tale hone mailin s etc Ex ense $1 900.00 Service SubTotal $14 925.'19 Total Ex erases $18 440.37 Show Profit $2 584.63 ~,.~,./Rp' CERTIFICATE QF LIABILITY INSURANCE DATE(REI,WEWYYY} 7/23/207.0 PRODUCER (954)382-4350 RAXr (954j382-2814 Setnor Byer Insurana+~ Risk -- Premier Ag¢nts 900 S. Pine Island Road ~3D0 THIS CERTIFICATE 15 ISSt7ED AS A MATTER OF 1NFORMATtDN DNLY AND CONFERS NO RiQHTS UPON THE= CERTIFICATE HDLDER. THlS CERTIFICATE DOES NOT AR7END EXTEND OR ALTER THE COVERAGE AFl=ORDED BY THiw POLfCIES BELOW, Plantation Fi, 38324 €NSUJiERSAFFOfiDINGCdVERAGI? NAICaY H3sURE0 IHSURpRA:Philadelphia Indemnity Ina. 188sB Howalyd Alan Events Ltd & American Craft IHSURERS:~'ransportation Ins. CCs 20494 ~E~Jr W08t $rPTaJar4i, $OU 10Vard INSURER C: INSDRER D: Plantat' en 1*]L 33329 INSURER E: coveRacl=s THE ROLJCEES OF lNSt1RANCE LISTED BEL01NHfiVE BEEN ESSUER TO THE INSURED EQA4A>=E) A[~OVE FOR THE AOLICY PERIOD IND[GATER. NOTlM7HSTANn€NO TERM OR CRNDET{ON OF ANY GONTRAC7 OR 07I-EER E)OCUMENT ilYITH RESPECT T(S VIHEGH THIS CERTIFECATE MAY BE JSSUER E3R A€VY REQUIFZEJaEENT , MAY PERTAIN, THE INSURANCEAFFORRER BY THE POLEC€ES DESCRIBED HEREIN IS SUB,lFcCTTO ALLTH£ TERMS, EXCLUSIONS AND CONDITIONS D(BUGH f'OL€CIES. AGGREGATE LI MITE SHOWN MAY HAKE BEEN REDUCED BY PAED CLAIMS. INSR bb' E POUCYNUMBER POLiCYEFFECTIYE p e POLICY E% ON LIMn'S GENERALLIABIIrrlt FACHOGCDRRENCE $ 1 OOO 000 X GOtrfAfERC1ALGENERALLL491LRY 16ES Eaaccu a ce $ 100 ODO A OLAIMSAIADE OCCUR H9R537047 3/5/2010 3/5/2011 MEDE7SP(Aryonepers $ 4 PERSONAL&ADVIHJURY $ 1 ODD fl40 GENERALRGGRE[3ATE $ 3 001) D00 GEH'LAGGREGATELIMrIAPPLIESPER: PRODUCTS-CO#API6PAGG S 3 OOfl 000 ~ POLICY PR4 LOC kUTOIAOBILELIABILITY E~IHGLELIMrr GOaB IN a 1 Doa DDD ANY AUTO ( ~ d : ! A ALLawHEDAUros ttPxs3T06T 3/5/2010 3/5!2011 BapILYIN~kY SCHEDULED AOTOS {Pe(peraan) S I[ HIREOAUTOS BOaILY1NJURY S ~ NON~OWNEOAUTOS {Pa~auldanl) PROPERTY DAMAQE {Pa¢ aoddenfl $ GA RAGELIABIL7r1' AUTOONLY•EAACGIRENT $ ANY AUYR O'f1iER THAN ~'4~ S AUTO ONLY: AGG $ ExcESSl1151BRELLALIABILiTY ~ACHOCCURREHGE s 2 Ofl0 000 OCCUR ~ GLAIMS MADE AGGREGATI: $ 2 OOD ODD s A D>roucT3BLE RVH30D165 3/3/2410 3/5/2011 S x RETEM'ION s ID,BO $ B WORKERSCD6SPENSATK]N ' VJCSTANTU• 6Tk#- LIABILlTY RI{REMPLOYERS ANY PROPRIETORfPARTNERA?XECUTIVE ~ E.L. EACH ACCIDENT S 1 D04 004 OFFIGERIRIEIABER E%CLUDEa7 (Flandetory€nNH} Olai7657D 5/1/2010 5/1/207.7. E.L.6ISEASE•EAEh€PLOYE S 1 DDO DOD Ifyes, desaibe under sPECIAL PROVISIONS below @.L. DISFASR- POLICY LIMIT $ 1 000 000 OYHER DESCRIP~ON OF OPERATIONS/ LOCAT'IOHSf VEHICLES/E%GLUSIONS ADDED BY ENDGRSEIAENYlSPEGIAL PROVISIONS Blanket additionalinsured for Donets, Lessors of gremiees, lessoxa of leased equipmen#~ sponuars and ao-promotors pertaining kw goneral iiability get form PZ-A6-1014 (04/2004). Slanlset waiver of subrogation and primary & nancantxibatory with xegard to aenetai Liability per form PI-NAND-1(01/DD) if required by written contract. lilanEcet additional insured & blanket waiver of subrogation with regard to the Auto Liability if required by written aantraryt par form 1L120T0T02 RBt ]th Annusl Downtown Delray Heaoh Hew Year'e Yreekand Craft Festivak, 12/26/20i0-12/27/2010. CERTiFIGATE HDLDEI3 CANCELLATiDH SHOULD AHY GP THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 7FIE FJfPIRATION City of Delray GATE THEREOF, THE ISSUING JHSURER WILL ENDEAVOR T6 MAIL 1D DAYS WRnTEN 100 NW 1st Avenue Delray Beach, Fl, 33444 NOTIGE TO THE CERTIFICATE HOLt3fiR nA1SSEO TP TKE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABIIJTY OF ANY KIND UPON THE IEISURER, ITS AGENTS OR AEPAESENTATIVES. AUTSiORItEDREPRESEHTATRfE Cheryl Wranilc/PNXLY,T ACDRD 35 X2009/Oi) c~? t9S6-2D09 ACORD CORPORATION. AI[ rights reaeEVed, INS625 {zooaa+) The ACORD name and lags are registered marks o[ ACORD IMPORTANT if ttte certificate balder is an ADDITIONAt_ INSURED, the policy(les} must be endorsed. A statement an this certificate does pat copier rights to the certificate holder In lieu of such endorsement(s). IF 3UBROGATIUN 15 WAIVED, subject to the Perms and cond'€tions of the policy, certain policies may require an endorsement. A statement on this certificate does pat conFer rights is the certificate hoidsr in lieu of such endorsement(s}, D[SC LAI M ~R This Certificate of Insurance does pat canstlfute a contract between the issuing insurer(s), authorized representaEive or producer, and the ceritflcaie holder, nor does if affirms#lvely or negaflvely amend, extend or alter the coverage afforded by the policies listad thereon. ACORD 25 {2009141) [~iS02s (sooso,} ~~ °~ CERTIFICATE OF LIABILITY INSURANCE 5~27,'R" oY~o' PRODUCER (954)382-4350 FAX: (954)382»2$10 Setnar Byer Insurance Risk -• Fremier Agents 9D0 S. Pine lfsland Road ~3©U THIS CERTIFICATE IS ESSUED AS A [uIATTEi3 OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE; HOLDER, THIS CERTIFICATE DOES NOT AMEND, EXTENb OR ALTER THE COVERAGE AFFORDED BY THE POI.ICIE5 BEL04V. Plantation FL 33324 INSl7Rf=RS AFFORDING COVERAGE NAIC # INSURED INSURERAFha.ladeZphll Indemnity Ins. leosa HAward Alan Events Ltd & I'lmerittan Craft INSURER e.7Cranspartatian Ins . Co 2D494 9685 West >Q7'owa7:d Boulevard INSURER G: INSURER D: Plantat' on FI, 33324 INSURER ~: n~~.co x nci+ THE POLICIES Of INSCIRANCE LISTED BELOW HAVE BEEN ISSUED TO TFEE INSURED NAMEq ABOVE FOR THE POLICY PERIOD INDICAT£I]. NOMSTHSTANDING TERM OR COND{T10N OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR ANY REQUIRE[JrENT , MAY Pl=RTAIN, THE INSURANCE APPORI3E0 BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POL1C[ES. AGGREGATE L1MlTS SHOWN MAY HAVE BEEN F2E[7UCED BY PAID CLAIMS. t~SR DfY P POLCY HURtBER DPO ECY EFPECTiYE b LICY E%PiRA~O~t LIRVTS GENERALLlABII7TY EACHOGCURRENCE 5 1 ODO QOO X CORfMERCIALGENERALUABILITY PREMISES Eaocax re $ 1D0 OOD A CLAIhiStMDE ~ OCCUR HPK5370S7 3/5/2010 3/5/2011 M~Di=xr IAnyone arson $ 0 PERSONALd.ADViN.IHRY S 1 ODD DDO GENERAL AGGREGATE S 3 000 000 CiEN'LAGCiREOATELIRiITAPPLIESPER: PROCUCFS-GORiP/OPAGG S 3 D00 000 ~ POLICY PRO- LOG AUT OMOBtL6 LIABILITY COMBIN ED SIhiGLE LIMIT S 1,OOD~ODO ANY AUTO (Eaacddenl) A ALt,OWNEDAUTOS APK537067 3/5/2D1D 3/5/2011 BOLNLYINJURY $ SCHEDULED AUTOS (Per Pars°n) X HIREDAUT09 BODILY INJURY ~ X ZdON-DWN~DAUTOS {PeracGdent) PROPERTYt7AlAAGE [Psf accldeay S GARAGEIlA91LITY AUTOOv~tLY-EAACCIDENT S AMY AUTO ~ OTH£R THAN EA ACC $ AUTO ONLY: AGG $ EKGESSlUR16REL[A[.IAENRITY EACFtOGCURRENC6 S 2 DDD DDD OCCUR ~ CLAIMSlr1ADE AGGREGATE $ 2 DDD DDD S A DEDUCTIBLE Hv63oDlss 3/5/2010 3I5/2D11 $ X RETENTION S 10,04 5 S YJORKERSCOMPFNSATION ' WCSTATU• 07H• AND EtsFPLl7YERS LIABILITY ANY PROPRIETORIPARTNERlE%ECUTNE ~ E.L. EACNACG]OENT S 1 DDD DDD OFFICEAIM£MDGR EXCLUDEB? (RlandatorylnNN} 01$7.76570 5/1/2D1D 5/1/2011. E.LDISEASE-EA EMPLOYE $ 1 D00 DDD It yqea, desc[ibe under SPECIAL PROVfSiON& hetoKr E.L DISEASE- POLICY LIR1fi 5 1 ODD DOD OTHER DESGRIPTK)N OF OPERATlON51 LOCATIONS! VEH]CLES/E%CLUSIOtIS ADDED BY EIIDORSERdENT /5PECIAL PROVISIDt7S Blanket additioaallnsured £or ownexa, lessors of premises, lessors of leased equipment, sponsors and Co-promators pertaining to general lia>Jility par Sorm Pt-ns-1010 (04/2004}. Elanket waiver a€ euhrogatioa and primary 6 honcotttrlhutory Huth Kegard to General Liability and Auta Liability pax fpref PI--MAHU^1(03.100)• R$~ 4TH ANNUAL DOWN'P4WH DT•YLRAY BEACH HEFT YEAR'S HtiBHBND CRAFT F6SkIVAL i2/2SS27/10 C:EFETIFIGATE NVLUEFi GAIYtitI..L.AIIVrv SHOOED gNYDFTHE ASOVEDESCRIBF.A POLICIE5 BECAHC£LLED HEFOAE THE E%PIAATIDH DELRAY BEACH DOWNTOWN DEVI3Y,OFtdENT AUTHOAI PATE THEREOF, THE fSSUIIlG INSURER WILL ENDEAVOR TO MAIL l~ DRYS SYRIITEN E35 SE 4TH AVEDIt7E NOTtCETOTHECERTIFICAT#rfiOLO1:RNARIEDTOTHELEFr,BUTFAILURETt)DOSOSHALL svzT>~ za$ DELRAY BEACH , FL 33483 lRIPOSE NO OBLIGATION OR LEABILITY OF At1Y KIND UPD71 THE IFtSHAER, ITS AGENTS OR R EPR€&ENTATiVEf3, AUTtfOAIZED REPRKSENTATIYE ~ ' Cheryl 47ran33c/CI,B f~~`" ACORD 25 (FD09/01) t~ 198$•2009 ACORD CORRORATION. All rl$nis reservec INS025;zaoso;) The ACORD name and logo are reglstersd marks of ACDEiD IMPORTANT If the certifcate holder Is an ADDiTtbNAt_ INSt1RED, the pafcy{ies) trust be endorsed. A statement on this certificate does not confer rights to the certifcate voider In lieu of such andorsemen!{s). If 5t1BROGATIbN 15 WAIVED, subject #o the terms and condifions of the Isoiicy, certain poticles may require an endorsement. A statement on this certifcate does not confer rights to the certificate holder In ]feu of such endorsement{s). t3iSCLAIItiAER This Certtticale of Ensurance does not constitute a contract befiueen the lssuing Insurer{s), authorized represanta#ive or producer, and the cerliftcata holder, nor does It affirmativaty or negatively amend, extend or alter the coverage afforded by the pofictes listed thereon. AGpRD 25 (2009fOt~ lM8025 t2ooson r j HC1Ll7 I~AR~YILES5 AGRF,EMENT THIS FigLD HARi4ILL5S AGR~;CiVIENT, is entered into this ~ 3 day of 5v1~ . , 20t~Oby ar~d betv,reen the CITY QF DEI,RAY BEACH, FLQRIDA, a Florida municipal cc~riaoration (izereitzafter referred to Rs "CITX"~ and .1~0C,~~r -f~lgh_ ~vcv~-~.~'--- , (hereinafter referred is as "EVENT SPOYSOR"). ~JI'£I•iES~~TH: ~VfiEREAS, EVENT 5PONSOR sceks tc> hold a special event lcnowrf as ~~'Y~Av-rruat Delray ~e~cM. AY}~CraFfto be held on 12 2fo ~Q.-.~.1,?~i~ -o {hcrei~zafter referred to as the "Event"}, and '4YHE1~.A.S, the Event will be held within the City limits of Delray Beach; and V4~ffE]~EAS, the City Commission has determined ttzat st€ch an Event promotes the public's health, safety ar~d wei£are. NQW, THEREF~?RE, for kite mutual covenants azzd matters set forth herein, as of the date set Earth above, tine parties hereby agree as £oilows; 1. Tine recitations set forth above are incorporated herein. ~. Intlemuii'icatiou, EVENT Sp~i~tSOft, for goad a~~d valuable cansiderati4n, agrees to defend, indemnify, and hold harrrziess the CITY, its agents, officers, ernployees and servants from any and all suits, causes of action or az~y claim wlzats¢ever znadc, and damages, ~~rhich may result from an)' activity conducted b~. EV~i~'T SPq\`SaR, its ager-ts, e~~ployecs, ~ssigrzs or conta~actors, in relation to the Event. 3. Xnsurance, EVENT SPONSOR shall obtain insurance covering the Event in the amounts anal of the types specified in Exhibit "A" attached hereto wksich is incorporated herein as i,~ fully set Earth. ~}. G~ovCrrfin lavvs• venue. This agreemen# shall be gavei~n$d by the lours of the State of Florida. Any proceeding initiated to enforce the provisions of this agreement shall be brought in the 5ta.te or pedezal courts Located in Faun Beach County, )tlorida. 5. Binding E£feat, All of the terms and provisions aftlxis Agreement shall be binding upon, int~e tt~ the benefik of, and be enforceable by, the parties hereto anti theix respective heirs, successors, legal representatives, and permitted assigns, 6. l~nkire A ree cut. This .A.g-reernent slxail constitute the entire agreernertt of the parties u~klz respect tc> the subject matter of at. All prior understandings a~Yd agreements between the parties with respect to saich matters arc merged into this Agreement, which alone filly and completely expresses their understanding, 7. Amgndzneuts. This Agreement rrlay not be arrzeztded, modified, altered, or changed in a.ny respect, except by a furthex agreesx~ent iz~ wvriti:ng duly executed by each of the parties hereto. $. Third Parties, 1`Tathing in this Agree~ner~t, vthether express or implied, is intcixded to confer any rights or remedies under ar by reason o~'this Agreement upon any pexson other #han the parties hereto and their respective heirs, successors, legal representatives, and permitted assigns, nor is an~rthing in this Agreement intended to relieve or discharge the obligation pr liability oi`any third persons to any party to this Agreement, nor shaft any provision thereof give any third person any right o£ subrogation or action over or against any party to this Agreement. i ~+ -_ -_: IN VdIT~IESS WHEREOF, the part'ses here#o have entered into this a~reernent the ' day and year irr~rst written abpve, .ATTEST: CITY QF n~~,~-'Y ~EAC~, ~+LUk~IDA, a Florida 3nunicipal corporation By:. -- City Clexk Approved as to 1'or~-n: >~y: City Attorney R~IT'~lESS1sS: ~_ ~ Q 4~ N'10,~ ~ ~ (print ~~~ A~rle) _ , ' ~ ~., . Nelson ~. IYicI3u~tie, Mayox' By; E'er ~TSOR B. 1~~G~ v ~ AlA ~ - ~7rirlt yr ty~B t]a3~#C) sprint or type name) (SEAL} STATE OF FLOI~TUA COUNTY Ol~ The foregoing ir-stnimer-t was acknowledged 17efore me tkris ~ ~ day caf .,.~"' i., , 20LU by , u/ yJ ~~~ _ _ (name ©f officer yr agent, title of officer o1 agent) of (name t~f cor~oratian aak~3owledgzng}, a (state ar plane of incorporatiarw) corporation, on behalf of the corporation. kzefShe is ersonall kno to me or has produced (type of identiEe iorl) a identi#'icati and did (did not) take ~i oath. - Signature o otary 1'ubliav State of l<larida ' 4 l 11l/ 1i1l1,'I I(ISi~fJF~`!'~#~i J1~/111 i(F~l i[F7ECY i~ljlpii[l ~i Y l l Fk li F` 7Y~Vi F1./LI~7V 1J~ rGftf~~Q p a~,~"a~p,••a,, Cornm# Of]U8491~J5 ~ ~~ a E~lres 9f27120'i2 x ~'~kgp~`a Flor&~a ~4olesy Assn., Inc . fY Yl F11^if/ii,fiifiliifiTllil Rll •Y/l1#Yafff YYi! 3 f3arcinski, Roher# r ~~z~ ~~~, ~~~C~4~~ip~' FroEn: aarrin Alan [darrinalan@artfestlval.com} ~~~~ Sent: Vlleclnesday, September 29, 2010 2:15 PM To: t3arcinski, Robert Subject: FW; ~eiray Beach Art Festival in Pineapple Grove Below ~s the letter of approval from Randlr Stofft, President of 2k Development which o+rrns both residential. pxopexties on Pineapple Grove, He is Nearby giving us permission to close the streets fox bath the November and December Art Festivals in front of his property, units 280 & 290. Thanks. Darrin plan Howard Alan Events American Craft Endeavors 9695 W. Broward Blvd Plantation, F1. 33324 PH: 954-972-3755 Fax; 959-972-3891 S~ww.ArtFestival.com ------ Forwarded Message From: Randal]. Stofft <Randall@stofft.com> Date: Wed, 29 Sep 2010 14:08:54 -0900 `~a: Darrin ~11an <darrinalan@artfestival.com> Conversation. Delray Reach Art Festival in Pineapple Grove Subject: RE: Delray Beach Art Festival in Pineapple Grove Yau have Randy Stofft's permission and approval. DIANE FRIED Ok'FICE MANAGER 42 N Swinton Avenue Delray Bch FL 334A4 Office 561--243--0799 ext 122 Fax 561-293-0299 Delray Beach -- Naples -- Cleveland - Caribbean -----Original Message----- k'xom: Darrin Alan [manta:darrinalan@artfestival.com] Sent: Wednesday, September 29, 2010 1:28 PM mo: Randall. Stofft Cc: rnfe~-rer@dowrstawndelrayi~each.com Subject: Re: Delray Beach Art Festival in Pineapple Grove Good Morning, Thank you so much for your assistance. 1 will personally guarantee that we will arrange parking for your tenants in a close and secuxe location. If you could just type your Hama and say we have your approval as owner oz the 1 -- E tW0 properties that would be great. Thanks again for all your help! Darrin Alan Howard Alan Events Amera.can Cxaft Endeavors 9695 4~. Braward Blvd Plantation, Fl. 33324 PH: 954-472-3755 Fax: 954-472-3891 ~rsaw.ArtFestival.com On 9/29/10 12;49 PM, "Randall Stofft" <Randall@stofft.com> wrote: > Daxxa.n > This is ok with the tenants on the north side, 290. You are correct > about the one in 280 he will appreciate the foot traffic. > Regax-ding 290 hosFrevex, will there be paxking somewhere outside of the > festival vrhere they can park and be assured it is safe and secure spat? > Please let me knave as they Vrill like to be able to still move about. > Thank you. > DIAI*1E FRIED > OFFICE MANAGER > 42 N Swinton Avenue > Delray Bch FL 33944 > Office 567.-2430799 ext 122 > Fax 561-2~3~0299 > Delray Beach - Naples - Cleveland - Caribbean > Confidenta.ality NotS.oe: This email message, including any and all > attachments, is tar the sole use of the intended recipients and may > contain confidential, copyxaghted and privileged information. Any unauthorized review, use, disclosure and ox distfibution is prohibited. > Written permission .from the sender is required prior forwarding this > message to anyone not referenced to as either the recipient or a copied > entity. If you are not the intended recipient, please contact the > sender by email and immediately delete all copies of the original and > copied message. > Disclaimer: Downloading from the above site or using the files in any > manner indicates your acceptance of terms and conditions as set forth > below. If you do not agree to all of the terms and conditions, please > contact our office prior to any downloading of the referenced > information. Please be advised that the attached files are in a format > that can be altered by the user. Due to this fact, any reuse of the data > will. be at the user's sole xisk without liability or legal exposure to > Randall Stofft Architects and user shall. indemnify and hold harmless > Randall Stofft Architects from all claims, damages, losses and expenses > including attorney's fees arising out of or resulting from using the > digital file. In addition, it is the responsibility of the user to 2 k > compare all data with the signed and sealed drawing(s). In the event > there is a conflict between the signed and sealed drawings} and the > electronic file, the signed and sealed drawing(s) shall prevail. > -----©riginal Message----- > From: Darrin Alan [mailto:darrinalan@artfestival.com] > Sent: F7edne,sday, September 29, 2010 12:39 PM > To: Randall Stofft > Cc: inferrer@downtowndelraybeach.com > Subject: Delray Beach Axt Festival in Pineapple Gxova > Good Morning Randall, > > My name is darrin Alan and we T am warkinc} with Marjorie Farrar with the > City of Delray ~3each in producing two Art Festivals in Pineapple Grove > on > November 27 & 28, 201© and December 26 & 27, 2010. Our show runs fxom > Atlantic Ave to NE 3rd Street on NE 2nd Avenue (Pineapple Grove). We > have > been doing shows in this area for over 20 years. > Marjorie and I are contacting you because we need written permission > from > you to close off the street in front of the two homes you own on > Pineapple > Grove just South of NE 3rd Street. I know one of your tenant runs a > rJll51ne55 > out of his and loves the traffic the event generates. If you could just > xeply back to this e-mail giving us-the ok that vrould be great. Thanks > again > and vre hope you come visit the event this year. Have a great day! ------- End of Forwarded Message ------ End of Forwarded Message 3 loil~ila Dear Commissioners: City Commission City of Delray Beach Below you will find information pertaining to the ~cn Annual Downtown Delray Beach Craft Festival taking place December 26 & 2'1, 2010 and the quality impact it has an the merchants and the downtown as a whole. This event has been taking place in Downtown the past 3 yews. We have been conducting polls in our events in Delray Beach the last few years and here are the results. Visitors to the event have spent an average of $35 on non arts & craft purchases, i.e. shops and restaurants. This event on average brings in a total of 15,000 to 20,000 visitors through out the 2 days. The average visitor comes for an average 2.5 hours and there are 5 turns a day. This brings in additional $525,000 -$'100,000 income to the restaurants and merchants of downtown. In these tough times the merchants of downtown are in need of this additional income boost. It also provides great exposure and enhancement to the entire downtown, Far years the merchants have supported ot~r events, as they know the positive boost they get from them. As the event is in Pineapple Grove it keeps the main thoroughfare of Atlantic Avenue open and has no negative impacts on traffic flow or parking. Our events not only generate income for the merchants but have also helped raised thousands for the Dow~itorvn Development Authority over the years. We also wanted to say thank you to the City of Delray Beach far 23 years of producing top rated events in your city, Thank you for all the support and we Dope you give us the opportunity to bring a great event to you in December! Yours TrAly, Howard Alan President Howard Alan Events, Ltd. .~ __ - 969: ~~ Broward Blvd„ Plant2:tion, FL 33324 - - ~ffice~ 954-!72-3755 Fax 954-472-3891. - 1~3UWiVTOWN DEVEL®PMENT AUTHURiTY ,~ City of Defray Brach, Florida DawntawnDelrayBeach.com aoARO o~ olr~~cTOas October 19, 2010 bran Marincola Chairman CatFe Luna Rosa Dear Mayor and Commissioners, Ravid Seale Vice-Chaimlan The Downtown Development Authority has just received a native !]avid A. [3eale, ~.A. regarding the upcoming December Howard Alan Craft Festival, scheduled David Gook for Pineapple Grove Arts District. Treasurer Hand's Stationers This request, originally scheduled far the Commission Meeting tonight, Mane Franco Secretary has been rescheduled for the meeting on November 2, 2010, due to DIMLO F'rpperties, LLC. language in the Special Event Policy Section III(G) which was adopted on Mict,ael Listick 1011110, which limits the number of intermediate events to 3 in a month ~istick & Kral, P.A. where a major event is scheduled. Seahron A. Smith TED Cenier This correspondence is a request that this item be considered by the City Nancy Stewart-Franczak Commission to waive this section of the policy and approve this critical Avenue Creative Group event for the businesses in downtown. I have attached letters of support from Howard Alan Events, outlining survey results for the economic impact of this show; from Pineapple Grave Merchants and from the Retail Advisory Co-Chairs, representing the merchant's downtown. The economic prosperity of this critical holiday week for retailers hinges on this event being executed and the DDA is poised to help in any way necessary to insure its success. Your approval of this request is critical. Warm regards, Marjorie Ferrer, Executive Director Downtown Development Authority 85 SE 4th Avenue, Suite 108, ©elray beach, Ft, 33483 (561) 243-1077 Fax: X561 } 243-~ 079 October i 9, 2010 Dear Camn~issianers, On behalf of myself and neighbor LaRonda Denkler of Canning Shoes, we would like to let yot~ know that we are in favor of this years after Christmas Howard Alan Craft Show. For the past tluee years, even with our tor~vn in its busy season, our records show that it brought in stronger sales an the event days, for both of our shops. In these tough last couple of years, we take all the sales we can get, whenever we can get them. We hope common sense rules your consideration, weighing certain town policies with the current economy, as you decide if this event may take place this December 2010. Respectfully, David Cook Hands Stationers i~E~~r~Zy.P}~j~F ~r ~~' L 1 ^1, ~~ '1~ i ~ i Pineapple Drove Arts District 6~-A S~V Fifth Avenue Delray Beach, FL 3383 Marjorie Ferrer Executive Director Downtowta Development Authority October 18, 2014 Dear Matjot7e On behalf of the PGAD txterchants, I would like to voice niy suppot•t of the Howard Alan Craft Show scheduled for Deceml3er 26`" and 2'1`x'. 'Phis show is to take place on NE 2'~~ Avenue from Atlantic Avenue to bake Ida Road. A great majority of the merchants are fully behind the show and are Iookin~ forward to the business it will generate---both on those days and in the filture as more people are drawn down to the area. I will continue to work with the mercl~atrts and Howard Alan's organization to make sure all oftheir concerns regarding set up are dealt with. Sincerely, ~'~ ~ _. Stephanie Itntneltnan Administrator, Pineapple Grove Arts District 16!26/2910 17:13 Untitled Docutnenf 561-243-1679 DELRAY ~EACFi D.D.R. &Ti~P 2. TOTAL EXPENSES (opt[onal) _, _ Your Organization's TOTAL EXPE=NSES (please do not use COmmas): $,18$40 PAGE 05/P8 kage i o~ ! STEP 3. TdTA~ ATTENpAf1GE {aptienal) ~,-_,^, TOTAL ATi•ENDANCE to your organization`s arts events (again, do not use commas): 35000 Total Economic Impact 0f: t-ocal Stale 'Tota'l Expenditures FYI4 Jpba Hattsehold Government Government income ~evenua Rev@nua No~proFt Arta and culture $$ 9 p g6 $12,455 X646 X738 Organizatlans: ~ _ NonprofktArtsandCulture `~ $792,750 .~. ~ 20.9 $321,571 $~ 8a 8, X36,903 Audiences: Total Industry Impact: ~ $811,690 ~~~ 21.5 $334,026 .r ~3~ 3 ,- , ' ~37,6~F (Trig Sum of OrpAnlzstlans mod AudiortCe•sy •,.~ r~ n t• ~Y o u r;• E2 ~; s ~ t 1 Es ~~,., t ~ , Please sea the gnu print below. pettnitions Total Expenditures: The total dollAr& spent by your nonprofit arts and culture organizatlvn and its audiences: event-relAted Spending by arts and culture audiences is e5limated using the average dollars spent per person by arts event attendees in similarly populated cornmunitles. fla Gal ar t=TE Jobs: The total number of full-time equivalent (ETEI lobs in your community that are supported by the emptoyeer tv~b half-tme emptnyae5, fnuruefilptayees twhowork quarterd-limos ote.n ATE c&n be one felt-#'sme BACIf tv CBICi~Ia P ouf at#s aT1d Gulturo Household income: pp gan~ attonlandlar~ idts and encest!-lrou ehold 9nComs Includes sataeie8liwageSaand p oprietary Income. Back to Oa1~~tgS Gov@mrnent The total doll&rG receiv20Ur a~tsuend culturesar$argilzatlon ndlor is auldlencefaes, taxes} a5 a resell of the Revenue: expenditures made by y GI o When using estimates derived from ibis calculator, always keep the following Caveats In mind: (t) the results of t111s analysfs are based upon the averages of slmi~erty populated communities, (2) tnpudoutput models were customized far e8ch our resuitmare Iherefomtest~ atss,natnd should providing very specific employman#, nouseho~ Income. and government revenue data, nd t3} y not be used as a substitute far cpndueting an economic impact study that is cusiamized for your rvmmunity r~ Copyright 2007 by Am®ricans for the Arts. rican rThe http:llwiwv.americanst"ortliearts.or~linfgrtttatian se~xceslresearch/services/eeaztomic_im,.. 10/2b120i_0 Inforrnstion ~ ~ ~"` - ~ STEP 1: POPtJLRTtON ~ ~~ '"~ POPULATION of your community: 50,OOtD to 99,999 MEMORANDUM TO: Mayor and City Commissioners FROM: Robert A. Barcinski, Assistant City Manager THROUGH: David T. Harden, City Manager DATE: October 28, 2010 SUBJECT: AGENDA ITEM 9.F. -REGULAR COMMISSION MEETING OF NOVEMBER 2, 2010 AMENDMENT NO.3 TO THE RENEWAL LEASE AGREEMENT/ DELRAY BEACH HISTORICAL SOCIETY ITEM BEFORE COMMISSION Commission is requested to approve proposed Amendment #3 between the City and the Delray Beach Historical Society to the Renewal Lease Agreement dated October 19, 2007 and amended September 17, 2008 and March 25, 2009 and to consider a one (1) year operating grant. BACKGROUND Attached is a letter received from Tom Stanley, President of the Delray Beach Historical Society, a copy of proposed Amendment #3, which would allow the City to take over operations in the event the Historical Society could not meet their financial obligation as it relates to the leased properties and copies of Plan A (part time position budget) and Plan B (full time position budget). I have also attached a copy of the 2007 Renewal of Lease Agreement for the Cason Cottage property, as well as Amendment #1 dated September 17, 2008 and Amendment #2 dated May 25, 2009. Staff has been working with the Historical Society for a number of months. Actions taken by City staff to date and those that will be taken shortly include the following: . Have researched availability of possible grants with no success to date. . Have reviewed telephone system and contracts to reduce costs. We can put the Historical Society system on the City system, as we have Old School Square. . Computers: IT has installed two (2) donated PC's, purchased a Solid State Hard Drive, installed QuickBooks software, installed design software, setup local Network, backed up QuickBooks and all historical documents and pictures to City servers, maintain a backup copy at an off-site location (Iron Mountain), trained Ginger and Dot to new systems and do quarterly backups of content. . Have actively worked with Mr. Stanley to develop alternate operating plans and budgets. • We will install an irrigation meter, which should reduce their annual water and sewer costs by about 10%. . Attended a meeting at the request of the CRA Board with Diane Colonna, Joe Gillie, Melissa Carter, Alan Kornblau, Tom Stanley, Howard Ellingsworth and others to discuss assistance that we all could possibly provide to the Delray Beach Historical Society. As a result of the joint meeting, the CRA staff is actively obtaining values of the Historic Train Station and exploring the possibility of purchasing this building. They have one (1) estimate of approximately $100,000 and are in the process of obtaining one (1) more. The Land Lease Agreement between the Delray Beach Historical Society and Ocean City Properties expired September 30, 2010 and the owners are anxious to get the station moved. In 2007 City Commission agreed to assume ownership of the station and lease, however, the Historical Society decided after Commission agreement not to transfer the station to the City. Also our staff, along with CRA staff, DMC staff, and others researched sites for relocating the station. We concluded that the best possible site would be the Sun Trust parking lot with the Hands lot across the tracks as the next best available location. The CRA also agreed to help find a renter for the 1926 bungalow, which could produce additional revenue. Old School Square staff has had some discussions with their Boards to determine what assistance that they might be able to provide. At this time, they are waiting to see what action Commission may take to explore options to provide assistance. In December 2007, the County awarded a grant in the amount of $200,000 from the 2002 Recreation Bond Program to the Delray Beach Historical Society for the renovation of the Hunt House. Since the City owns the property, we are also a party to this agreement. In the event that the Historical Society can no longer operate the Archives Room per the agreement, they or the City would have to pay back this grant. The other option would be for the City to operate the Hunt House and Archives themselves or use this building for other recreational or cultural purposes. Mr. Stanley, on behalf of his Board, has submitted two (2) budget plans to consider for possible grant funding. Plan A provides for a part time employee in the Archives Room and Plan B a full time employee. Under Plan A, they would need a grant in the amount of approximately $30,000 and Plan B, $48,000. These plans also reflect costs the City would have to absorb if the Historical Society no longer could meet their financial obligations. These costs are estimated to be $16,300. If Commission were to consider a grant award, I would recommend that it be for Plan A, for no longer than one (1) year and have a stipulation that if the Historical Society were to raise additional revenue over that budgeted, that the City be paid back all or a portion of the grant based on the additional revenue raised. Another possibility could be a loan versus a grant. RECOMMENDATION Staff recommends consideration of Amendment #3 and the Delray Beach Historical Society's grant request. . Y1[STpc, 130afd Of DlreClors President -Tom Stanley Vice President -- Cray Bridges Secretary -Ho~~ard EllingsN•arth Assistant Secretary- Jane Grthµein Treasurer - 5ytvia Pecaro Assistant Treasurer -Barbara Whi[ta$er Gay -ridges Carolyn Chardacfc Eleanor Goldstein Char3es Hardintan Deborah Sergeant Tina Smiih ~ ~7 ~. " ,~ r ^~ I~BHS C~ ms's J6{ .. -< -- _.~,I 3 NE Fil•st Stleet • Dell•ay Beach ^Florida 33~l~t~l Tel • 561 2~3-2527 `i~v~v.db-hs.org Inrntedlafe Past Presidents Robert W. Ganger Crayl Broan Advisor3• Board Gaye Broun Robert W. Granger McCall Credle-Rosenthal Vera Farrington Ann Alexander Carol Stanley MEIYIORANDUM To: City Staff and Delray Beach City Cotnmission From: Tom Stanley, President, Delray Beach Historical Society, lne, Re: Delray Beach Historical Society -Archive Room Date: October 26, 2010 Thank you for continuing to work with the Society to advance the public-private partnership to manage the City Archives located at the Hunt House during these difficult economic times. As previously discussed, the Cason Cottage, the 1926 Bungalow and the Hunt House are City buildings located on City property. The Train Depot lease with Ocean City Properties, Ltd. has expired. Further, the Depot has not been formally assigned by an authorized agent of the Society to the City (or any other entity). The Society, at its last Board Meeting, on September 29, 2010, executed its operational plan is to eliminate all positions, including the archivist position effective November 1, 2010. The Long time archivist, Dottie Patterson, indicated that she would be involved on a limited basis since over 20 years of her work is associated with the Archives. Additionally, tife Society and the City of Delray has a responsibility to keep the Archive Room at the 1"lunt House open on a limited basis. The Hunt House is subject to three-party agreement hetvveen the City, Society, and Palm Beach County to keep the Archive Room open to the Public. There was also a $48,000 State Grant for the Hunt House provided in 2008 along with fiend from the Delray Beach CRA. Further, the Hunt House, 1926 Bungalow, and Cason Cottage are being leased by the Society from the City pursuant to that certain Renewal of Lease Agreement For Cason Cottage Property dated October 1~, 2007, which was subsequently amended on September 17, 2008. In moving Forward with the City and Society Partnership, the lease will require a second amendment to filrther clarify each party's responsibilities for items such as insurance. The proposed lease amendment is attached to this letter. Additionally, the Society respectfully requests a Miscellaneo~ES Grant from the City of Delray Beach in order to operate the Hunt House Archive Room and Cason Cottage for the X410-2411 year. The Societ}---in conjunction with City Staff--- has reviewed a streamlined budget plan that coincides with the Society's "sustainable operational plan." The two budgets proposed to the City Staff and City Commission are the "A Plan" and "B Plan". The A Plan represents the total cost to manage the Hunt House, Cason Cottage, and have one part-time employee in the Archive Room. The "B Plan" represents total cost to manage the Hunt House, Cason Cottage, and have one fill-time employee in the Archive Room. The other key parts of the plan is annual fundraising on the part of the Society for an amount equal to $17,000 (for 2010-2011), application to the CRA for its local non-profit grant $1,500.00, and application for part of the Preserve America Grant (with the City Preservation Department). Additionally, the Society will create a modest fundraising plan with an outside coordinator far a signature event each year. With the annual h~Edgetary needs of the Society reduced by over 75% during this fiscal year, the annual fimdraising plan will be cohesive and mare successful. The "A Plan" and "B Plan" are attached hereto. Please consider the information in this letter and the attached "Plans" for the Miscellaneous Grant Request made by the Society. It is also necessary to find an alternative use for the 1926 Bungalow, Both Plan A and Plan B do not include the use and maintenance of the 192b Bungalow. Since finding an alternative use for this building may take some months, any potential revenue that could be generated from a lease to a third party was nat included as a line item in either plan. Thank you for your continued support of the Society. The mission of the Society is very important to the success and cultural heritage of our local community. ATTACHaY.[IUNTS: Lease Anaea~dment No. 2 Plaat A Plan B AMENDMENT NO.3 TO THE RENEWAL OF LEASE AGREEMENT FOR CASON COTTAGE PROPERTY DATED OCTOBER 19,_2007 THIS AMENDMENT NO. 3 to the Renewal of Lease Agreement ("Lease Agreement") is made this day of , 2010, by and between the City of Delray Beach, a Florida municipal corporation {"Lessor") and the Delray Beach Historical Society, Inc., a Florida nonprofit corporation ("Lessee"}. Recitals: Whereas, the parties have entered into that certain Renewal of Lease Agreement for Cason Cottage Property dated October 19, 2007, which was subsequently amended on Septe~7~ber 17, 2008 for the public parking, which was subsequently amended on May 25, 2009 to permit leasing the premises to third parties for events; Whereas, Lessee's Board of Directors has voted to modify this Lease Agreement in order to continue to utilize the Cason Cottage Property for a Museum, Office, Educational Facility, and Archival Storage Facility; Therefore, in consideration of the sum of One Dollar ($1.00) and the mutual covenants and other good and valuable consideration, the receipt and sufficiency which is hereby acknowledged, the parties agree as follows: 1. Recitations. The recitations set forth above are hereby incorporated as if fully set forth herein. 2. Section 3.b of the Lease Agreement shall be amended in its e~itirety to state: Lessee shall promptly pay, to the appropriate utility entities, all gas, electric, water, telephone and data charges which may become payable during the terns of this Lease for gas, electric, water, telephone and data charges. However, the Lessor, at its option, naay elect to rrtanrtor, manage, and/oi• assirrne these costs and chm°ges without the approval of the Lessee. 3. Sec#ion 3.c 'of the Lease Agreement shall be atnendecl in its in entirety to state; Lessee shall promptly pay storm water' assessment fees and solid waste authority fees billed to the leased premises. Hozvever~, the Lessor, at its option, may elect to monitor, manage, andlor asst~tne these costs and charges s~~rthotrt the approval of the Lessee. 4. Section 3.h of the Lease Agreement shall have the following language added: Notwithstanding the foregoing (or anything to the contrary in this Lease Agreement), Lessor and Lessee hereby agree that the 1926 Bungalow Building may be used or leased to a third party for an office use subject to all necessary approvals. 5. Section 3.rn of the Lease Agreement shall have the following language added: Hofvever; the Lessor, at its option, may elect to rrronitor, rrranage, andJor asstrme these costs and charges ~vithorrt the approval of the Lessee. 6. Section 3.n of the Lease Agreement shall be aYnendecl in its entirety to state: The Lessee shall not be required to carry Hazard, Wind or Flood insurance on the premises. The Lessor hereby agrees to insure the premises with these necessary insurance coverages at its sole expense. The covexage limits shall be determined in the sole discretion of the Lessor. 7. Section 3.q of the Lease Agreement steal[ have the following language added: Ho~s~ever; the Lessor; at its option, Wray elect to monitor, manage, andlor• assume these costs and charges r~~ithorrt the approval of tlae Lessee. In the event there is a conflict between this Amendment No, 3 and the Renewal of Lease Agreement for Cason Cottage Property dated October 19, 2007, as amended on September 17, 2008 and May 25, 2009, this Amendment No. 3 shall control. In all other respects the Renewal of Lease Agreement for Cason Cottage Property dated October 19, 2007, as amended on September 17, 2008 and May 25, 2009, shall be in firl! force and effect. IN WITNESS WHI;ItEOF, the parties hereto have caused this Agreement to be duly executed on their behalf this day of , 2010. Lessor: Attest; City of Delray Beacl~, Floa•ida City Clerk Date: City Attorney Date: Lessee: By. Nelson S. McDuffie Witnesses: llelray Beach Historical Society, Inc. F~rint name: By: Thomas M. Stanley, President STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instriunent was acknowledged before me this day of 2010 by NELSON S. McDUFFIE, Mayar, City of Delray Beach, Florida, who ^ is personally known to me or ^who has produced Florida Driver's License, or ^ who has produced a Driver's License, or ^who has produced as identification. (iVotary seal) Notary P~~blic in and for State of Florida Printed name: STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this day of 2010 by THOMAS M. STANLEY, President, Delray Beach Historical Society, Inc,, a Florida nonprofit corporation, who^ is personally known to me or ^who has produced Florida Driver's License, or ^ ~vho has produced a Driver's License, or ^who has produced as identification. ~atrrry seal) iVotar}~ P~~blic in and for State of Florida Printed name: 3 DBHS BUDGET -PLAN A I Revenues Membership annual gifts $ 7,000.00 $ 10,000.00 $ 17,000.00 Expenses personnel salary FICA Sub-Total $ 20,000.00 $22.00 per hour, 18 hours per week, 48 weeks per year $ 1,525.00 $ 21,525,00 Operating Costs Electric $ 3,000.00 ~ water/sewer $ 8,000.00 ° security $ 450.00 ° pest contra! $ 350.00 ° contents insurance $ $00.00 ° General Liability Insurance $ 2,100A0 ° Hazard/PD Insurance (Building~ity e/o insurance $ J.,350.00 repairs/general maintenance $ 1,500,00 ~' equipment repairs $ 200.00 supplies $ 700.00 postage $ 600.00 computer upgrades/repairs $ 700.00 telephone $ 1,600.00 ° web site hosting $ 85.00 storage -Merritt Transfer $ soo.o0 bookkeeping $ 1,800.00 printing $ 1,000.00 Sub-Total $ 25,135,00 Total Peronnel/Expenses $ A6,660.00 Net Surplus/Deficit ($29,660;00) °Costs City would have if nBHS closes $1b,300.00 DBHS BUQGET -PLAN 13 Revenues Membership annual gifts $ 7,OQOAO $ 10,000.00 $ 17,000.00 Expenses personnel salary I=ICA Sub-rota( $ 36,960A0 $22.00 per hour/3~ hours per week/48 weeks $ 2,5$7.20 $ 39,547.20 ~perating Costs Electric water/sewer security pest control contents insurance General Liability Insurance Hazard/PD Insurance e/o property insurance repairs/general maintenance equipment repairs supplies postage computer upgrades/repairs telephone web site hosting storage -Merritt Transfer bookkeeping printing Sub-Total Total Personnel/Expenses Net Surplus/Deficit °Costs City; would have if DBHS closes $ 3,000.00 ° $ 5,000,00 ° $ 450.00 ° $ 350.00 ° S soa.oo ° $ 2,100.00 ° Gity $1,350.00 $ 1,500.00 $ 200.00 $ 700.00 $ 600.00 $ 700.00 $ 1,600.00 $ 85.00 $ 900A0 $ 1,800.00 $ 1,000.00 $ 25,135.00 $ 64,682.20 ($x+7,6$2.20) $16,300.00 AMENDMENT NO. 2 TO THE RENEWAL LEASE AGREEMENT FOR ~ ~E PROPERTY DATED OCTOEER 19 2007 THIS AMENDMENT NO. 2 to the Renewal Lease Agreement is made this .^ ~~"~ 2009, by and between the CITY OF DELRAY 25 day of BEACH, a Florida municipal corporation ("Lessor') and the DELRAY BEACH HISTORICAL SOCIETY ("Lessee"), WiTNESSETH: WHEREAS, the parties have entered into a long term lease, and WHEREAS, the Lessee has requested the authority to lease out meeting rooms that are part of the leased premises on a temporary basis. NOW, THEREFORE, in consideration of the sum of One Dollar ($1.00) and the mutual covenants and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: 1. The recitations set forth above are hereby incorporated as if fully set forth herein. 2. Paragraph 3(h), "Not to Assign" of the Renewal Lease Agreement dated Octaber 19, 2007, is hereby amended to allow Lessee the ability to rent or lease,'on a temporary basis, meefing rooms tha# are part of the leased premises, upon receiving approval from the City Manager or hislher designee. lessor shall have the right, upon reasonable notice, to schedule meetings or events as space iS available, at no rental charge to Lessor. 3. All other terms and conditions of the renewal lease and Amendment No. 1 not in conflict with this Amendment No. 2 shall continue in full force and effect. IN WITNESS WHEREOF, the Lessor and Lessee have set their hands and seals the day and year first written above. ATTEST; Lessor: CITY OF C~ELRAY BE CH, F By: Nelson S, McDuffie, M. Appproved as to. Form: t~ City Attorney ATTEST: ~~ Lessee: DEL BEACH HIST R1CAL SOCIETY ay: Print Name: ~ Title: 2 AMENDMENT NO. 7 TO THE RENEWAL LEASE AGREEMENT FOR CASON COTTAGE PROPERTY DATED OCTODER _`1.9, 2007 THIS AMENDMENT NO. ~ to the Renewal Lease Agreement is made this ~ -~ (~ day of ~~ ~i`)L~~-~-~ 200$, by and between the CITY OF DELRAY BEACH, a Florida municipal corporation ("Lessor`) and the DELRAY BEACH HISTORICAL SOCIETY ("Lessee") WITNESSI;TH: WHI=REAS, the parties have entered into a long term lease; and WHEREAS, the Lessee has received monies for landscaping and parking improvements on the site so long as public parking is permitted at 5 NE 1gi Street; and WHEREAS, the Lessee is Interested in providing public parking as provided herein. NOW, THEREFORE, in consideration of the sum of One Dollar ($1.00) and the mutual covenants and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: 1. Recitations. The recitations set forth above are hereby incorparated as if fully set forth herein. 2. Modification. Paragraph 3, "Covenants of Lessee" of the renewal Lease Agreement dated October 13, 2007, is hereby amended to include: t. Parkin A arkin lot consistin of seventeen 17 s aces including three f3) handicapped spaces, shall be provided for public ,parkinq pu_ r~oses• 4 f _ - _ ~ 4 3. All otter terms and conditions of the renewal lease not in conflict with this Amendment No, ~ shall continue in full force and effect. IN WITNESS WHEREOF, the Lessor and Lessee have sel their hands and .seals the day and year firsk written above. Lessor: ATTEST: C1 Y OF ELRA BEAC F ORIDA ~~*--~ ~ By: _ Ap raved as to F ~m: ~- ~~Cfty A#torr~~y ~~ ~_ ATTEST: j ~~, -Mayor Lessee: DEL Y BEACH ISTORICAL SOCIETY ' ..~ Y~ Print Na -L'''~..~.r' l.~ _ ~ ~ ~ ~t2 Title: i~.s:r~P~,_~~ 2 RENEWAL OF LEASE AGREEMENT FOR CASON COTTAGE PROPERTY EASE made this ~ da of b! © 2007, by and between the THOS L ~ Y CITY OF DELRAY BEACH, a municipal corporation, hereinafter referred to as the "Lessor", and the DELRAY BEACH HISTORICAL SOCIETY, jointly and severally, hereinafter referred to as the "Lessee" WHEREAS, Lessee is an organization dedicated to the promotion and appreciation of the history of the Delray Beach area and its environs; and WHEREAS, the property subject to this Lease Agreement is legally described as the South 32 feet of Lot 5 and all of Lots 6, 7, aad $, Block b7, Town of Delray, formerly Town of Linton, according to the Plat thereof recorded in Plat Book 1, Page 3, of the Public Records of Palm Beach County, Florida {hereinafter called the "Cason Cottage Property'); and WHEREAS, the Cason Cottage Property includes the Historic Cason Cottage, the 1925 Historic Bungalow, and the 190$ Farmhouse called "Hunt House" as well as a new Archival Storage Facility; and WHEREAS, Lessor and Lessee had previously entered into a ten (10} year lease for the property which expired upon February 5, 1999 and which provided for renewal of the lease upon the express written consent of the parties, anal WHEREAS, Lessee's Board of Directors has vo#ed to renew the lease in order to reflect the addition of the Historic Aungalow, the Hunt House and the Archival Storage Facility to the Cason Cottage Property; and WHEREAS, Lessee agrees to utilize the Cason Cottage Property for a museum, office, Educational Facility, and Archival Storage Facility; and v IOW, THEREFORE, in consideration of the sum of One Dollar ($1.00), the mutual covenants and conditions contained in this Agreement, and other goad and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereby agree as follows: That, sub3ect to the terms and conditions hereinxfler set out, the Lessor hereby lets the leases unto the Lessee that land anal the buildings and improvements thereon known as the "Cason Cottage Property", in the City of Delray Beach, Florida, and which property is more particularly described on Schedule A attached hereto and made a part hereof. 1. Recitations. The recitations set forth above are hereby incorporated as if fully set Earth herein. 2. Term and Rental. The term of this lease shall be ten (10} years from the 17th day of October, 2007, at an annual rental of one dollar ($1 AO) payable in advance, on the first day of each calendar year. 3. Covenants a#'Lessee. The Lessee hereby covenants and agrees: a. To Pav Rent. That it shall pay the said ren# at the time said and in the manner set out above, except only in the case of fire ox other casualty as hereinafter provided. b. To Pm Utilities. That it shall promptly pay, to the appropriate billing entities, all gas, electric, water and telephone charges which may become payable during the term of this lease for gas, electricity, water and telephone service consumed on or provided to the leased premises. c. Ta Pa Other Chsr ea. That it shall promptly pay stormwater 2 assessment fees and solid waste authority fees billed to the leased premises. d, To Kee in Re air and in Gaol Canditio .That it shall keep the leased remises, excluding the exterior walls, roof and other structural members of the building including the hearing and air-conditioning equipment, in such ar better repair as the same are at the commencement of this lease term ar at the renewal hereof, reasonable wear and tear and damage by fire ar other unavoidable casualty excepted. It is explicitly agreed that the duty of the Lessee under this covenant shall include furnishing a!1 recestiary janitorial and cleaning services, care and maintenance of the buildings and any interior renovation or redecoration not involving major s#ructural Changes. e, Nat n ure ar Deface. That it shall not injure, overload or deface, or allow to be injured, overloaded or defaced, the premises ar any part thereof. f. Nut to Make Unlawful Use. That it shall not make, ar allow to be made, any unlawful, improper or offensive use of the premises which would be injurious to any person or property, or which would violate the laws of the State of Florida or of the United States, or any ordinance of the City of l3elray Beach, or any administrative rules or regulations promulgated by the City Manager, or which would affect or endanger any insurance on said building ar increase any premium thereof which is at all borne by Lessor. g. Not to Make Aiteratiuns. That it shall not make any modifications, alterations or additions in and to the premises without the advance express written consent of the Lessor. 3 h. Nat to Assign. That it shall not assign, sublet or otherwise transfer possession of all ar any part of the leased premises without the advance express written consent of the Lessor. i. To Permit Lessor to Enter. That it shall allow the Lessor, and the Lessor reserves the right at all reasonable times, to enter and view the premises and to make any repairs which it may see fit to make. j. To Yield u Premises. That at the expiration of the term of this lease, it shall peaceably yield up to the Lessor the premises and all buildings thereon, in goad repair in all respects, reasonable use and wear and damage by fire and other unavoidable casualties excepted. k. To iEndemui A must Accidents and Ne li ence. That it shall save harmless, indemnify and defend the Lessor, its officers, employees, and agents, from and against any and all lass, liability or expense that may be incurred by reason of any claim or litigation arising out of or in connection with Lessee's occupancy and use of the Teased premises, including, but not limited to, any accident with the appliances and ~xtuxes installed by the Lessee, or the gas, water ar other pipes, ar from any damage or neglect arising fxarn or in any way connected with the use, misuse or abuse of all utilities or from any neglect in not removing foreign objects from the sidewalks, grounds, structure, or roof of the building. 1. To ,dear Risk fair Contents. That all propezty of any kind, whether owned by the Lessor or Lessee, that may be on the premises during the duration of this lease shall be at the sole risk of the Lessee, and that the Lessor shall not 4 be liable to the Lessee or any other person far injury, lass or damage to property ar to any person on the premises. m. To Pav Taxes. That it shall pay the real estate and personal property taxes, if any, assessed upon the premises during the term of this lease as they sha11 fall due. n. To Pa Insurance Premfums for Fire or Casual .That it shall pay all premiums an the policies of fire or casualty insurance ar both covering said premises and in such amounts and under such terms as maybe required by Lessor. o. To Car a General Llabiii Palk .That it shall carry, or if already in existence, maintain a general liability insurance policy for the premises covered by this lease. p. No Waiver. That rto assent, expressed or implied, by the Lessor to any breach of any of the Lessees covenants shall be deemed to be a waiver of any succeeding breach of the same or other covenants. q, P¢st Conhrol. Regular pest control service shall be the financial responsibility of the Lessee, but the Lessor reserves the right to designate and retain the pest control service for performing this function. r. Li red Si .Alighted identification sign shall be erected, or if already in existence, shall be maintained, that lists bath the I<.essor and the Lessees' names, and identifies the subject structure. A11 exterior improvements, painting, or any other identification signs or markings shall be provided only in accordance with the applicable City of Delray Beach Code of Ordinances and with the advance S express approval of the City Manager or his/her designee. s. Limns. That it shall promptly discharge any liens that may attach to the property. 4 Covenants .2f Lessor. The Lessor hereby covenants and agrees: a Quiet lanioyenent. That the Lessee shall peaceably hold and enjoy the leased premises. b. Fixtures. That it shall allow the Lessee to install such fixtures and appliances as may be necessary for the proper conduct of its business, and, at the expiration of the term of this lease, that it shall allow the Lessee a reasonable length of time to remove any and all such fixtures which may be movable and which are owned by the Lessee. c. Grnundg. That Lessor shall maintain and mow the grounds on the Cason Cottage Property. 5. Fire o~r Other Unavoidable Casualty. In case the premises or any part thereof shall at any time during the term of this lease be destroyed or damaged by fre, act of Gad or other causes beyond the control of the Lessor and through no fault ar neglect an the part of the Lessor, then the Lessor shall be under no obligation to repair or re-erect the leased structure. If the condition of the leased premises should be so rendered unsuitable by the foregoing causes, either party to this lease agreement shall have the option to cancel this lease. 6. Risht of Reentry. If the Lessee shall neglect or fail #a perform any of its covenants, and including if any yearly installment of rent be overdue and unpaid for ten (l0) days, the Lessor nay, immediately or a# any time thereafter, after ten (l O) days' notice, enter 6 STATE OF FLORIDA COUNTY OF PALM BEACH ss: wled ed before me this (~ day of The foregoing instrurent was ackno g C~p~~ 2007 by Rita Ellis as Mayor of the City of Delray Beach, a Florida municipal corporation, on behalf of the corporation. She is personally known to me or has produced ,~~~„ k.ANFLDR D. GASKiNS ""~~=~''%"'" Plaary Puf~~C-Staia of F".or~da •.: s ~ :t ., ~.': g ~Ay Gartxni~slan Exp'+res Jun 5, 2009 y '~'2~;: Cammksian # pD X33063 `'%~;~~,,~`~~ BandedOYNati~onalMa~aryAssn. ATTES 1'• STATE OF FLORIDA ) ss: COUNTY OF PALM BEACH ) as identification ~. o Public -State of F orida DELRAY BEACH HISTORICAL SOCIETY By: Print Name• G«n ~ Title: s The foregoing instrument was acknowledged before me this ~ day of s~-O ~2 +2 , 2007 by ]~O~r~- W GQ~~. ~~- as ~.Z~_ of the Delray Beach Historical Society, ou behalf of the corporation. He/She is personally known to me oFednsed----~~- ~ tif~#ion. atary lic ~-State vrida ,.a~~~t~G~ Catherlne fnglese =~~ S,c Commission # D©565976 '~'~. ; expires Juiy 2~, 201e .T~~. ,ior,6~d rRr r~~ • I~:vnr~cf, tn~ tGGSif1011 9 MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: October 26, 2010 SUBJECT: AGENDA ITEM 9.G. -REGULAR COMMISSION MEETING OF NOVEMBER 2, 2010 APPOINTMENT TO THE POLICE ADVISORY BOARD ITEM BEFORE COMMISSION This item is before the City Commission for an appointment to the Police Advisory Board. BACKGROUND Mr. Victor Kirson, regular member on the Police Advisory Board, resigned effective October 13, 2010. This creates a vacancy for one (1) regular member to serve an unexpired term ending July 31, 2012. 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: Wyana Claxton Resident/Business Owner Laura Fenoglio Resident/Business Owner John Hallahan Resident 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 Police Advisory Board for an unexpired term ending July 31, 2012. RECOMMENDATION Recommend appointment of one (1) regular member to serve on the Police Advisory Board for an unexpired term ending July 31, 2012. 010/10 POLICE ADVISORY BOARD TERM EXPIRES NAME & ADDRESS 07/31 /11 Matthew Hartley Amt 12/08/09 07/31 /12 Jennifer Morris Unexp Appt 10/19/10 07/31 /12 Ellen Major-Hanna amt o~/20/10 07/31/12 Unexp Appt Vacant 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, Chairperson 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 Joseph Elisma Unexp Appt 10/19/10 Student 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 MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: October 27, 2010 SUBJECT: AGENDA ITEM 9.H. -REGULAR COMMISSION MEETING OF NOVEMBER 2, 2010 APPOINTMENTS TO THE NEIGHBORHOOD ADVISORY COUNCIL ITEM BEFORE COMMISSION This item is before the City Commision for appointments to the Neighborhood Advisory Council. BACKGROUND The term for regular member Ms. Linda Laurence-Leib (Zone 3) 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. Secondly, Ms. Harriet Meltzer (Zone 1) verbally resigned effective October 12, 2010. This creates a vacancy for one (1) regular member to serve an unexpired term ending July 31, 2013. An appointment is needed for one (1) regular member from Zone 3 to serve a three (3) year term ending July 31, 2013. Staff recommends that the term end on July 31, 2013 rather than October 31, 2013 to comply with the expiration date required in the City Code. An appointment is also needed for (1) regular member from Zone (1) to serve an unexpired term ending July 31, 2013. 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) for one (1) regular member to serve on the Neighborhood Advisory Council for a three (3) year term ending July 31, 2013, and Commissioner Fetzer (Seat #2) for one (1) regular member to serve an unexpired term ending July 31, 2013. RECOMMENDATION Recommend appointments of one (1) regular member from Zone 3 to the Neighborhood Advisory Council to serve a three (3) year term ending July 31, 2013 and one (1) regular member from Zone 1 to serve an unexpired term ending July 31, 2013. 08/10 NEIGHBORHOOD ADVISORY COUNCIL TERM EXPIRES DISTRICT NAME & ADDRESS 07/31 /13 Zone 1 Vacant Unexp 07/31 /11 Zone 2 Laura Reines Unexp Appt 12/08/09 10/31 /10 Zone 3 Linda Laurence Leib Unexp Appt 10/17/06 Reapptl0/16/07 10/31 /13 Zone 4 Suzanne Donohue A~110/19/10 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 Amt 10/21/08 07/31 /12 Zone 3 Shirl Fields A~110/17/06 Reapptl0/06/09 07/31 /12 Zone 4 Isabel Make Unexp Appt 10/20/09 07/31/12 Zone 5 Matthew Hartley A~110/17/06 Reapptl0/06/09 07/31 /12 Zone 6 Joseph Kamarata, Chair A~110/17/06 Reapptl0/06/09 07/31 /11 At Large William NTilner uenxp A~1 oz/o3/o9 Representative 07/31 /11 At Large Patricia Westall unexp A~10~/19/05 Representative Reapptl0/25/05 Rea 10/07/08 07/31 /12 At Large Nlargherita Downey A~110/06/09 Representative 07/31 /11 Vacant Student 07/31/11 Diana Ciuca unexp A~10~/06/1o Student Reappt08/03/10 Board 10/Neighborhood Advisory Council NEIGHBORHOOD ADVISORY COUNCIL Applicant Mark Behar Susan Sims Linda Laurence-Leib (Incumbent) EXHIBIT A Zone 1 Zone 3 Subdivision Lees Crossing Sabal Lakes Del-Aire Golf Club Mary Minieka Linton Lakes 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 25, 2010 SUBJECT: AGENDA ITEM 10.A. -REGULAR COMMISSION MEETING OF NOVEMBER 2, 2010 ORDINANCE N0.37-10 ITEM BEFORE COMMISSION This ordinance is before Commission for second reading to consider a city initiated amendment to the Land Development Regulations (LDR) Section 6.3.3., "Sidewalk Cafe", amending the regulations. BACKGROUND At the first reading on October 5, 2010, the Commission tabled this item to the October 19, 2010 Regular Meeting. Commission passed Ordinance No. 37-10 on first reading at the October 19, 2010 meeting. RECOMMENDATION Recommend approval of Ordinance No. 37-10 on second and final reading. 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 Coversheet MEMORANDUM TO: Mayor and City Commissioners FROM: Paul Dorling, AICP, Director of Planning and Zoning THROUGH: City Manager DATE: October 13, 2010 Page 1 of 2 SUBJECT: AGENDA ITEM 12.A. -REGULAR COMMISSION MEETING OF OCTOBER 19, 2010 ORDINANCE N0.37-10 ITEM BEFORE COMMISSION Consideration of achy-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 http://itwebapp/AgendaIntranetBluesheet.aspx?ItemID=3915&MeetingID=274 10/25/2010 Coversheet Page 2 of 2 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 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://itwebapp/AgendaIntranetBluesheet.aspx?ItemID=3915&MeetingID=274 10/25/2010 PLANNING AND ZONING BOARD STAFF REPORT MEETING DATE: SEPTEMBER 20, 2010 AGENDA NO: V.E AGENDA ITEM: CONSIDERATION OF ACITY-INITIATED AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS SECTION 6.3.3 (SIDEWALK CAFE). 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) Section 6.3.3 (Sidewalk Cafe) to modify and provide additional clarification with respect to the use. 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 6.3.3 of the LDRs indentifies 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, and outlines 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: • Clarify that retail businesses with food sales as an accessory use are not eligible for sidewalk cafe permits; • Provide clarification that certain operational functions (food prep, trash receptacles, and cash registers) are prohibited in the sidewalk cafe area; • Expansion of 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; • Increase the application, permit and penalty fees; and • Include 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. 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. 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 The amendment was reviewed by the Downtown Development Authority at their meeting of September 13, 2010 and they unanimously recommended approval subject to a condition which has been incorporated into the ordinance. The Community Redevelopment Agency was scheduled to consider the amendment at their September 16, 2010 meeting however the meeting was canceled. The CRA will consider the amendment prior to second reading by City Commission and their recommendation will be presented to City Commission. 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 amendment is consistent with the City's Comprehensive Plan and is necessary to address on going issues as well as evolving concerns related to the proliferation of sidewalk cafes in association with primarily retail 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 6.3.3, "Sidewalk cafe", 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 6.3.3, "Sidewalk cafe", 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). 2 RECOMMENDED ACTION Recommend approval of the amendment to Land Development Regulations, Section 6.3.3, "Sidewalk cafe", 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: ^ LDR Text Modification 3 MEMORANDUM TO: Mayor and City Commissioners FROM: R. Brian Shutt, City Attorney DATE: October 25, 2010 SUBJECT: AGENDA ITEM 12.A. -REGULAR COMMISSION MEETING OF NOVEMBER 2, 2010 ORDINANCE N0.38-10 ITEM BEFORE COMMISSION The item before the City Commission is Ordinance No. 38-10 which provides for modifications to the Police/Fire Pension Plan. BACKGROUND The City of Delray Beach Police and Fire Pension Board requested a change to our City ordinance regarding the designation of the fire chief and police chief for the pension board. The ordinance currently provides that the fire and police chiefs will be members of the pension board, however, if they do not participate in the pension plan, then they must appoint a firefighter or police officer to sit on the pension board in their place. The revised ordinance provides that the fire chief and police chief may designate a firefighter or police officer to sit on the board, regardless of whether or not they participate in the pension plan. Chief James does not sit on the Pension Board because he is not a member of the plan. Chief Koen did not sit on the Board for the same reason. Chief Overman did not sit on the Board because he was not a member of the plan. When Chief Overman retired, we forgot that the Police Chief was supposed to sit on the Board, so Chief Schroeder did not. RECOMMENDATION Commission discretion. As City Manager, I believe this requested ordinance is not in the best interest of the City. When they are eligible, I strongly believe it is in the best interest of the City for the Police Chief and Fire Chief to be members of this Board. ORDINANCE N0.38-10 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY PEACH, FLORIDA, AMENDING CHAPTER 33, "POLICE AND FIRE-RESCUE DEPARTMENTS", SECTION, "33.65, "ADMINISTRATION', TO MODIFY THE POARD MEMPER DESIGNATIONS FOR FIRE CHIEF AND POLICE CHIEF; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. PE IT ORDAINED PY THE CITY COMMISSION OF THE CITY OF DELRAY PEACH, FLORIDA, AS FOLLOWS: Section 1. That Chapter 33, "Police and Fire-Rescue D~zts", Section 33.65, "Administration', of the Code of Ordinances of the City of Delray Peach is hereby amended to read as follows: (A) The general administration and responsibility for the proper operation of the retirement system and for making effective the provisions of this subchapter are vested in a Poard of Trustees consisting of nine (9) persons as follows: (1) The Mayor;, or upon the Mayor s designation, the Assistant City Manager; (2) Two (2) public members, one of whom may be a City Commis.5ioner, to be appointed by the City Commission as hereinafter provided; (3) The Fire Chief or, ' ' ~a firefighter designated by the Fire Chief; (4) The Police Chief or, ' ' ~ a police officer designated by the Police Chief; (5) Two (2) members of the Fire Department to be elected as hereinafter providec>i (6) Two (2) members of the Police Department to be elected as hereinafter provided (P) The term of office of each appointed and elected trustee shall be two (2) years except that the initial terms within each category above shall be for two (2) and three (3) years. The initial terms shall commence on the effective date of this system. Initially in each elective category, the trustee receiving the most votes shall serve athree-year tertry the second most votes a two-year term. (C) The elective trustees shall be elected in the following manner, to wit: by vote of all active members of each of those respective deparhnents who come within the purview of this subchapter at meetings to be held at places designated by the City Manager, of which meetings all qualified members entitled to vote shall be notified in person or by mail ten (10) days in advance of the meeting. The candidate receiving the highest number of votes for each office shall be declared elected and shall take office immediately upon commencement of the term of office for which elected or as soon thereafter as he shall qualify therefor. An election shall be held not more than thirty (30) and not less than ten (10) days prior to the commencement of the terms for which trustees are to be elected The City Manager shall establish the election procedure for the initial election. Thereafter, it shall be the duty of the Poard of Trustees. The Poard of Trustees shall meet, organize and elect one of their members as Q~airperson and one member as Vice Q~airpersory within ten (10) days after trustees are elected and duly qualified (D) If a vacancy occurs in the office of trustee, the vacancy shall be filled for the unexpired teml in the same manner as the office was previously filled (E) The trustees shall serve without comperLSatiory but they maybe reimbursed from the Trust Fund for all necessary expenses which they may actually expend through service on the Board (F) Each trustee shall, within ten (10) days after his appointment or election, take an oath of office before the City Qerk, that so far as it develops upon him he will diligently and honestly administer the affairs of the Board, and that he will not knowingly violate or willingly permit to be violated any of the provisions of the law applicable to the retirement system. The oath shall be subscnbed to by the members making it and certified by the Qerk and filed in the office of the City Qerk (G) Each trustee shall be entitled to one vote on the Soard five (5) affirmative votes shall be necessary for a decision by the trustees at any meeting of the Board The Q-iairperson shall have the right to one vote only. (I~ Subject to the limitations of this subchapter, the Board of Trustees shall from time to time establish unifoml rules and regulations for the administration of funds created by this subchapter and for transactions of its business, including provisions for expulsion due to nonattendance of its members which could result in a vacancy. (I) The Board of Trustees shall by majority vote of its members appoint a secretary who shall be one of its members. It shall ea~gage actuarial and other services as shall be required to transact the business of the retirement system. The compensation of all persons engaged by the Board of Trustees and all other expenses of the Soard necessary for the operation of the retirement system shall be paid at those rates and in amounts as the Board of Trustees shall agree. Funds maybe disbursed by the City Finance Department or other disbursing agent as determined by the Board only upon written authorization by the Board of Trustees. Q) Any trustee who neglects the duties of his office as determined by the Soarc~ maybe removed by seven (7) concumng votes among the Board of Trustees. (K) The duties and responsibilities of the Soard of Trustees shall include, but not necessarily be limited by, the following. (1) To construe the provisions of the system and detem-tine all questions arising thereunder; (2) To determine all questions relating to eligibility and participation; (3) To determine and certify amount of all retirement allowances or other benefits hereunder; (4) To establish uniform rules and procedures to be followed for administrative purposes, benefit applications and all matters required to administer the system; (5) To distribute at regular intervals to employees information concerning the system; (6) To receive and process all applications for participation and benefits; (7) To authorize all payments whatsoever from the Fund and to notify in writing the 2 ORD. NO. 38-10 disbursing agent of approved benefit payments and other expenditures arising through operation of the system and fund; (8) To Dave performed actuarial studies and annual actuarial valuations and make recommendations regarding any and all changes in the provisions of the system; (9) To perform those duties as are specified in this subchapter. 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 passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the day of 2010. MAYOR ATTEST: City Clerk First Reading Second Reading 3 ORD. NO.38-10 CITY OF ~ELRAY BEACH POLICE & FIRL'FIGHTERS RETIREMENT SYSTEM 6r~9 lIOAf~'~rf'C)()U BOUI_Et:~4hD IJI:1_R.~l`BE~fCfl, F!_ORID.~l.i394 TELEf'NO,VI;.`h:=1.1': ?61.?43.47(?7 Errrcril: c1c~Ir•crtyl-f(ct rurrircr,cl.rrc~! October 7, 2410 Brian Shutt, Esq. City Attorney City of Ue.tray Beach l00 NW l Avenue Delray Beach, Florida 33444 Re: Ci of Delra -Beach Police and Firefi titers' Retirement 5 stem Request of Amend Ordinance 33..60 -Section 33.65 Administration Dear Mr. Shutt: The Board of Trustees, of the City of Delray Beech Police- and Firefighters' Retirement System, are requesting. that the City Commission consider the following changes to Ordinance 33.60 Pensions, Section 33.65 Administration (A) (3.) and (4) as suggested. The trustees are requesting that this item be placed an the next agenda Present wording: (3) The Fire Chief or, in the event of the .Fire Chief's termination of participation in the system, a firefighter designated by the Fire Chief; (4) The Police Chief or, in the event of the Police Chtef s termination of participation in the system, a police officer designated by the Police Chief; Amended wording: (3) The Fire Chief or a fuefi ter deli ated b the ire. Chief; (4) 'The Police Chiefor a police officer designated by the Police Chief, Attached is a letter from Foster & Foster, dated September 28, 2010,.. stating that these changes will have na actuarial impact on the pension pion. Should you require additional information, please do not hesitate to contact. Anne Woods, Pian Administrator at (561) 243-4707 ar via email: delrayp-f+a,comcast.net. Sincerely yours, ~~ ~ ~~~~ , Joseph Liguori, Jr. Chairperson Attachrrient -, ~- Fite: City Auomey, Ordinance 33.60 Amendment-Admn~ishation 10-2U14 ;"'~ `_"~ ~ ~ t.~ ¢'°" ~... PY r• :~ CITY OF DELRAY BEACH POLICE & FIREFIGHTERS" RETIREMENT SYSTEM Illy H()1LSE'Y!'UOD BOULL'b~4RD IaL~'LR;1}'f3R':4C'11, FL()RIU.•~ ;3=t4 TRLL•:PHO:VE!F.-t.t:• 76I.3=13.4?(17 Erncril: dclr-uti7rf~ct'turerrcrst.rtcl Qctober 7,.2010 Brian Shutt, Esq. City Attorney City of Delray Beach 100 NW l Avenue Delray Beach, FIorida 33444 Re: Crty of Delray Beach Police and Firefighters'' Retirement S, sS tern Request of Amend Ordinance 33.60 -.Section 33.65 Administration Dear Mr. Shutt: The Board of Trustees, of the City of Qelray Beach Police and Fire~tghters' Retirement System, are requesting that the City Cornmission consider the fallowing changes to Ordinance 33.60 Pensions,. Section 33.65 Administration (A) (3) and (4) as suggested. The trustees are requesting that this item be placed on the next agenda. Present wording: (3) The i"ire Chiefor, in the event of the Fire Chief s termination of participation in the system, a firefighter designated by the Fire Chicf; (4) The Police. Chief ar, ig the event of the Pofice Chief s termination of participation in the system, a police officer designated by the Police Chief, Amended wording; (3) 'The Fire Chief or a firefighter designated by the Fore Chief; (4) The Police Chief or a police n#ficer designated by the Police Chief; Attached is a letter from Fester & Foster, dated September ~8, 2010, stating that these changes will have no actuarial impact on the pension plan. Should ynu require additional information, please do not hesitate to contact: Anne Woods, Plan Administrator at (561) 243-4707 or via email: delrayp~f(ir;onrncast.net. Sincerely yours, ~~~~` . , i Joseph Liguori, Jr. Chairperson Attachment File: City Attorney, Qrdinanee 33.b0 Amendment_Administration 14.2010 '"~'~" ~~~ ~' ~ e,i A- ! ~ •1 Sr yY~~1~ CHAPTER 33. POLICE AND FIRE-RESCUE DEPARTMEI~ITS Page 2 of 13 the internal Revenue Cade. (B) State Contributions, Any moneys received or receivable by reason of laws of the State, far the express purpose of funding and paying for retirement benefits for Ponce and Firefighters of the City shat! be deposited in the Trust Fund comprising pert of this system, (C) City Contributions. So Fong as this system is in effect, the City shall make an annual. contribution to the Trust Fund during the fret quarter of the plan year or in quarterly installments in an amount equal to the difference in each year as between the total of aggregate member contrilautians for the year plus Sta. t® caritributians for the year and the total cost far the year as shown by the mast recent actuarial valuation and report for the system. The total cost for any year shall be defined as fhe total of normal cost plus the additional amount sufficient to amortize the unfunded accrued past service liability over aforty-year period cammenang with t[~e effective date of this system. (D} Guaranteed Refund of Member Contributions. All benefits payable under this system are in lieu of a refund of member c:ontributians. Effective September 1, '1999, employees who terminate employment with less than ten (1 (]} years of continuous service, upon the election to receive a refund of member contributions, shall receive a noncampounded simple interest rate of three {3} percent per year applies to the prinapal balance of the participant's contributions as accrued on December 31 of each year. Effective September 1, 1599, employees who terminate employment with t®n {10) years or .more of continuous service, upon the election to receive a refund of member contributions, shall receive a noncompounded simple interest rate of free {5} percent per year applied to the principal balance of fhe participant's raniributian as accrued on. December 39 of each year. In any event, each member shall be guaranteed the payment of benefits at least equal in total amount to his accumulated corrtributians plus interest as provided herein. (E) Miscellaneous. (1) All moneys which have been funded by the members` contributions and the City's cantributioris, and moneys from all outside sources such as private cantributians, or those contributions made by the State or any other firms ar corporations ar companies invested into any basic ar secondary pension talon for the retirement of any employee who shall be included in this fund, including any interest gathered by these moneys, shall be transferred into this fund to be known as the City Police and Firefighters' Retirement Fund. {2) A11 beneficiaries and retired members presently receiving benefits under F.S. Chapters 175 and 185 shall continuo to receive tliase benefits under this system. {F) Any forfeitures that Wray arise upon the termination of a member's employment shall be used to offset the subsequent cast of the City. Such forfeitures shall not be used to increase benefits of remaining members. (Code '19.80, § 18-50; Ord_ No. 52-89, passed 9192189; Am. Ord. No. 58-89, passed 9192189; Am. Ord. Nor. 29-99, passed 8117199; Ord. No. 26-00, ~ 5, passed 9!26/00} Seo.33.6~. ADMINISTRATION. (A} The general administra#ion and responsibility for the proper operation of the retirernertt system and for making effective the provisions of this subchapter are vested in a Board of ,,. Trustees consisting of nine (9} persons as follows; . (1} The Mayor;, or upon the Mayor's designation, the Assistant CIty Manager; (2) Two {2} public members to be appointed by City Commission as hereinafter proVJded; http:lllibrary2.municode.comfdefau,[t/DacView/1'104/1/14/18 1/30f20U9 Foster&Foster~. Ac#uar+aal Consultants for Public Pension Plans September 28, 2070 Ms. Anne 1Noods city of Delray Beach 503 Homewood Boulevard Defray Beach, FL 33445 Re: Gity of Defray Beach Police Officers' and Firefighters' Retirement Plan Dear Anne: Vve have reviewed the proposed changes in the wording of the Ordinance - Section 33.65 (A) (3) and (4~ and have determined that it will have no impact on the assump5ons used in determining the funding requirements of the program. Because these proposed .changes do not impact our actuarial assumptions, they do not change the valuation results. It is our opinion, therefore, that formal Actuarial Impact Statements are not required in support of their adoptions. However, since the Division of Retirement must be aware of the current provisions of all public pension programs, we recommend that you send a copy of this letter and a copy of the fully executed Or~dinanoe to each of the following offices: Mr. Keith Brinkman Patricia Shoemaker Bureau of Local Retirement Systems Municipal Police and Fire Division of Retirement Pension Trust Funds P_ O. Box 9Q00 Division of Retirement Tallahassee, FL 32315-9000 P.O. Box 3010 Tallahassee, FL 32315-301 Q If you have any gyestions,~ please let me know. firacNey R Heinrichs, FSA, EA, MAAA BRHllsw 13420 Parker Cammorss Bfrrd., Salle 704 • Fort Myers, Florida 33912.23J-433-a5oo • Fax 239-481-0634 • www,foster~foster.oom MEMORANDUM TO: Mayor and City Commissioners FROM: R. Brian Shutt, City Attorney THROUGH: David T. Harden, City Manager DATE: October 25, 2010 SUBJECT: AGENDA ITEM 12.B. -REGULAR COMMISSION MEETING OF NOVEMBER 2, 2010 ORDINANCE NO.40-10 ITEM BEFORE COMMISSION Adoption of Ordinance 40-10 regarding a proposed charter amendment related to change Commission terms from two years to three years. BACKGROUND Pursuant to the direction given by Commission, at its June 8, 2010 workshop meeting, I have prepared the following charter amendment related to increasing the length of a term of a Commissioner/Mayor from 2 years to 3 years and reducing the number of terms from 3 to 2 (where the maximum number of years able to serve is not increased and is still 6). This charter amendment would be placed on the ballot for the March 2011 election and, if passed, would be effective starting with the March 2012 election cycle. There has been mention of a requirement to review the charter every ten years, and that 2011 would be the year for a charter review. We have determined that there is no requirement for a charter review every ten years. It was just a suggestion by prior Commissions. You could appoint a Charter Review Committee and direct that they consider whether to increase the length of Commission terms. This approach would delay implementation of longer terms for at least one year, which means the savings to be achieved by eliminating one election every three years and the other advantages of longer terms would be delayed. Furthermore, there is no particular reason to appoint a Charter Review Committee unless there are other portions of our charter the Commission feels are possibly in need of revision. Since this issue was last considered in Delray Beach, both Boynton Beach and Boca Raton have changed from two year to three year terms. RECOMMENDATION Staff recommends approval of Ordinance 40-10. ORDINANCE N0.40-10 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY PEACH, FLORIDA, PROVIDING FOR REVISIONS TO THE CHARTER OF THE CITY OF DELRAY PEACH PY AMENDING ARTICLE III, "LEGISLATIVE", SECTION 3.02, "CITY COMMISSION: COMPOSITION, ELIGIBILITY, ELECTION, AND TERMS"; AMENDING ARTICLE V, "ELECTIONS", SECTION 5.02, "TYPES OF ELECTIONS"; TO PROVIDE FOR A CHANGE IN THE LENGTH OF A TERM FROM A TWO YEAR TERM TO A THREE YEAR TERM; PROVIDING FOR A REFERENDUM ELECTION TO PE HELD ON MARCH 8, 2011; PROVIDING A REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the governing body of a municipality may by ordinance submit a proposed amendment to the Quarter to the electors of the municipality; and WHEREAS, the City Commission of the City of Delray Peach deems it advisable to amend the Quarter of the City to provide: (i) that the terms of office for the Mayor and other City Commission Members be extended from two years to three years, (ii) for a reduction in the maximum number of consecutive terms the Mayor and City Commission Members may serve from three consecutive terms to two consecutive terms. NOW THEREFORE, PE IT ORDAINED PY THE CITY COMMISSION OF THE CITY OF DELRAY PEACH, FLORIDA AS FOLLOWS: Section 1. That Article III, "Legislative", Section 3.02, "City Commission; Composition, E ligibility, E lection and Terms", be amended to read as follows: Section 3.02. CITY COMMISSION: COMPOSITION, ELIGIBILITY, ELECTION, AND TERMS. (A) Cornp~sition ark Term The City Commission shall be composed of five (5) Commissioners, one of whom shall be duly elected Mayor. All of them shall be elected at large for a teml of ~ three (3) years in the manner provided in this Q-~rter. (P) Sta~rreei Terms. rrt.~ irn ~~,~..,~..;~~;~,-.,,w, ~i-..,» >..,, „~,,,,,-„a ; „-..a..,,,,,,a Two 2) Commission seats with terms expiring in 2012 shall be filled by election in 2012 and every three years thereafter, and two (2) Commission seats with terms expiring in 2013 shall be filled by election in 2013 and every three years thereafter. The Mayor's term commencing in 2013 shall be filled by election in 2013 and every three years thereafter. (C) Length of Mayor's Team. If a special election is held to fill a vacancy in the office of Mayor, the duration of the Mayor's term of office will be for ~ three (3) years commencing on the last Thursday in March prior to the special election (D) Tear as a Result of a Vacancy. In the event of vacancies, successors shall be appointed or elected in the manner provided in this Quarter. Section 2. That Article V, "Elections", Section 5.02, "Types of Elections", be amended to read as follows: Section 5.02. TYPES OF ELECTIONS. Elections to be held in the City shall all be conducted on a nonpartisan basis without regard for or designation of political party affiliation (A) Date of Nonpartisan Election. Nonpartisan elections shall be held on the second Tuesday in March of each year in which a term of the mayor or city commissioner expires (which, starting in 2012, will be every three years thereafter, for commission seats 2 and 4, and 2013, and every three years thereafter, for the manor and commission seats 1 and 3). (B) Ties. In case of a tie in the nonpartisan electiony a second nonpartisan election shall be held (C) Special E lection. All other municipal elections that maybe held by authority of this Qzarter, or of any law, shall be lmown as special elections. Section 3 That this ordinance shall not be effective unless and until the same is approved by a majority of the electors of the City of Delray Beach, Florida, voting at the election to be held on March 8, 2011, for the purpose of approving or disapproving this ordinance. If a majority of the electors voting upon such a question approve the amendrnerrt, then the amendment shall be in full force and effect and shall apply to the election held on March 13, 2012 and all elections thereafter. If a maj ority of the electors voting upon such question disapprove such amendment(s), then the amendment(s) shall be null and void The question to be submitted to the electors at such election shall be substantially as follows: Ouestion One CHARTERAMENDMENT - LENGTH OF TERMS AND TERM LIMITS CURRENTLY, THE COMNIISSION MEMBERS (INCLUDING THE MAYOR) SERVE TWO-YEAR TERMS, LIMITED TO THREE CONSECUTIVE TERMS (SIX YEARS). THE CHARTER AMENDMENT PROPOSES THREE -YEAR TERMS, LIMITED TO TWO CONSECUTIVE TERMS (SIX YEARS). IF PASSED THIS AMENDMENT SHALL APPLY TO THE COMMISSIONERS AND MAYOR E LE CTE D IN MARCH 2012 AND THEREAFTER. 2 ORD. N0.40-10 SHALL THE CHARTER AMENDMENT BE ADOPTED? YES (for approval) NO (against approval) Section 4. That upon approval of this ordinance by the electors as aforesaid all ordinances or Qzarter provisions or parts of Qzarter provisions in conflict shall be and the same are hereby repealed as of the effective date of this ordinance. Section 5. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, clause 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 hereof other than the part declared invalid Section 6. That this ordinance shall become effective upon its passage on second and final reading The Quarter Amendment shall take effect (and be applicable to the election) on March 13, 2012, if approved by a maj ority of the electors as provided in Section 3 hereof. PASSED AND ADOPTED in regular session on second and final reading on this the day of , 2010. MAYOR ATTEST: City Clerk First Reading Second Reading 3 ORD. N0.40-10