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06-21-11 Regular MeetingCity of Del ray Beach Regular Commission Meeting RULES FOR PUBLIC PARTICIPATION Tuesday, .Tune 21, 2011 Regular 1. PUBLIC COMMENT: The public is encouraged to offer comments with the order Meeting 6:00 of presentation being as follows: City Staff, public comments, Commission discussion and official action. City Commission meetings are business meetings and the right to p'm' limit discussion rests with the Commission. Generally, remarks by an individual will Public be limited to three minutes or less. The Mayor or presiding officer has discretion to Hearings adjust the amount of time allocated. 7:00 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 The City will furnish auxiliary aids and services to afford an individual with a Beach, FL disability an opportunity to participate in and enjoy the benefits of a service, 33444 program, or activity conducted by the City. Contact Doug Smith at 243-7010, 24 Phone: (561) hours prior to the event in order for the City to accommondate your request. 243-7000 Adaptive listening devices are available for meetings in the Commission Fax: (561) Chambers. 243-3774 REGULAR MEETING AGENDA 1. ROLL CALL 2. INVOCATION 3. PLEDGE OF ALLEGIANCE TO THE FLAG A. NONE 4. AGENDA APPROVAL 5. APPROVAL OF MINUTES: A. June 7, 2011 -Regular Meeting 6. PROCLAMATIONS: A. 100 Days of Centennial Celebrations - .Tiny 2, 2011-October 9, 2011 B. Parks and Recreation Month - .Tiny 7. PRESENTATIONS: A. RESOLUTION NO. 24-11:APprove Resolution No. 24-11 recognizing and commending Patsy Fox for 30 years of dedicated service to the City of Delray Beach. 8. CONSENT AGENDA: City Manager Recommends Approval A. FINAL SUBDIVISION PLAT APPROVAL/ALTA CONGRESS REPEAT: Approve the Replat of Tract A-1 and a portion of Tracts A, B, F, and E-2, Congress Park, for Alta Congress located along the west side of Congress Avenue between Lowson Boulevard and West Atlantic Avenue. B. LANDSCAPE MAINTENANCE AGREEMENT/KCMCL PINEAPPLE GROVE LTD.: Approve a Landscape Maintenance Agreement with KCMCL Pineapple Grove Ltd.,for landscaping within the adjacent rights-of--way associated with the Hyatt Place project located at Pineapple Grove Way (N.E. 2"d Avenue, N.E. 1st Street, and N.E.1St Avenue. C. AMENDMENT NO. 1 TO THE INTERLOCAL AGREEMENT, COMMUNITY REDEVELOPMENT AGENCY (CRA) FOR FUNDING OF CONSTRUCTION & PROFESSIONAL SERVICES: Approve Amendment No. 1 to the Interlocal Agreement with the Community Redevelopment Agency (CRA) for the funding of construction costs and professional services for certain projects as listed on Exhibit "A" attached to the Agreement for FY 10/11. D.INTERLOCAL AGREEMENT/COMMUNITY REDEVELOPMENT AGENCY (CRA)/SHUTTLE BUS SERVICE: Approve an Interlocal Agreement with the Community Redevelopment Agency (CRA) for the funding of the shuttle bus service through September 30~ 2011. E. GRANT APPLICATION/EDWARD BYRNE MEMORIAL .TUSTICE ASSISTANCE GRANT (.TAG): Authorize staff to submit an application for funding in the amount of $53,503.00 through the U.S. Department of .Tustice Edward Byrne Memorial Justice Assistance Grant (.TAG) program which will support the Holiday Robbery Task Force, which reduces crime during the Holiday season. F. THIRD AMENDMENT TO THE DECLARATION OF RESERVED RIGHTS AND AGREEMENT NOT TO ENCUMBER N.E. 7th AVENUE RELATED TO THE ATLANTIC PLAZA PRO.TECT:Approve the Third Amendment to the Declaration of Reserved Rights and Agreement not to Encumber N.E. 7th Avenue regarding the abandonment and relocation of N.E. 7th Avenue between N.E. 1St Street and East Atlantic Avenue to extend the time frame to obtain site plan certification by a period of ninety days. G. LANDSCAPE MAINTENANCE AGREEMENT/CDS DELRAY REDEVELOPMENT, LLC.,/CDR ATLANTIC PLAZA, LTD: Approve a Landscape Maintenance Agreement with CDS Delray Redevelopment, LLC., and CDR Atlantic Plaza, Ltd. regarding the Atlantic Plaza development located on the north side of Atlantic Avenue between Veterans Park and northbound Federal Highway H. PROFESSIONAL SERVICES VENDOR LIST/NEIGHBORHOOD STABILIZATION PROGRAM (NSP): Approve the list of 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. Funding is available from 118-1935-554-34.90 (Neighborhood Services: Other Contractual Service). L RESOLUTION NO. 23-11: Approve Resolution No. 23-11 assessing costs for abatement action required to remove nuisances on six ~) properties throughout the City J' CONSULTING SERVICE AUTHORIZATION NO. 07-05.1/KIMLEY-HORN AND ASSOCIATES, INC.: Approve Consulting Service Authorization No. 07-05.1 to Kimley-Horn and Associates, Inc. in the amount of $113,400.00 for design of the Federal Highway Enhancements. Funding is available from 334-3162-541-68.52 (General Construction Fund: Other Improvements/Federal Highway Beautification 442-5178-536-68.52 (W & S Renewal & Replacement Fund: Improvements Other/Federal Highway Beautification) and 448-5461-538-68.52 (Storm Water Utility Fund: Other Improvements/Federal Highway Beautification). K. CITY OF DELRAY BEACH SUB-RECIPIENT FUNDING AGREEMENT/ DELRAY YOUTH VOCATIONAL CHARTER SCHOOL: Approve a Funding Agreement with Delray Youth Vocational Charter School in the amount of $15,000.00 for a Social Worker to provide counseling services under the Weed & Seed Program (now known as the Coalition for Community Renewal L. SPECIAL EVENT REQUEST/ART AND .TAZZ ON THE AVENUE: Approve a special event request to endorse Art and Jazz on the Avenue to be held on August 18, 2011 from 6:00 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 the west side of N.E./S.E. 6th Avenue, Railroad Avenue from Atlantic north to the north side of the east/west alley, and to the alleys north and south of Atlantic on N.E./S.E. 1st Avenue, N.E./S.E. 2nd Avenue, S.E. 3rd Avenue, and N.E./S.E. 4th Avenue, to authorize staff support for security and traffic control, banner hanging and removal, barricade set up and removah trash removal and clean up and EMS assistance. M. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period .Tune 6, 2011 through .Tune 17, 2011. N. AWARD OF BIDS AND CONTRACTS: 1. Bid award to Randolph and Dewdney Construction, Inc. in the amount of $456,710.00 for renovations to the Pompev Park Concession Stand. Funding is available from 334-4127-572-62.10 (General Construction Fund: Building). 2. Purchase award to CDW-Government, Inc. in the amount of $69,440.78 for replacement data switches and cables to be installed throughout the Environmental Services Department Complex. Funding is available from 442- 5178-536-62.45 (W & S Renewal & Replacement Fund: Buildings/Data Cabling). 3. Purchase award to Kubota Tractor Corporation in the amount of $18,493.80 for a replacement tractor for the Delray Beach Municipal Golf Course. Funding is available from 445-4761-572-64.90 (D B Municipal Golf Course: Machinery/Equipment: Other Machinery/Equipment). 4. Emergency blanket purchase award to Airgas in the amount of $23,400.00 for the bulk delivery of liquid carbon dioxide (CO2) as needed. Funding is available from 441-5122-536.52-21(Water & Sewer Fund: Operating Supplies/Chemicals). REGULAR AGENDA: A. WAIVER REQUESTS/202 NORTH SWINTON AVENUE:Consider approval of three (3) waiver requests to Section 4.6.9(D~(2)(b), to reduce the minimum required combined depth of alley and parking spaces from 42' to 38'6", Section 4.6.9(D~(2)(b), to reduce the required parking space width from 10' to 9' and Section 4.6.9(D~(3)(a- b), to reduce the required driveway width from 24' to 18' at the point of access from North Swinton Avenue associated with the Class V site plan modification for 202 North Swinton Avenue. (Quasi- Judicial Hearing B• WAIVER REQUESTS/130 S.E. 7th AVENUE:Consider three (3) waiver requests associated with the Certificate of Annronriateness for 130 S.E. 7th Avenue including waivers to Land Development Regulations (LDR) Section 4.6.14(0 "Sight Visibility: Intersections",to permit a fence measuring 4' in height within the sight visibility triangle at the rear of the property, where a maximum height of 3' is permitted; Section 4.5.1(E (3)(a)l.c., "Fences and Walls", to permit an arbor measuring 9' in height within the front setback, where a maximum height of 4' is permitted; and Section 4.5.1(E~(3)(b)1., "Parking", to permit the location of a circular driveway at the front of the property, whereas the parking should be adjacent to the building or in the rear.(Quasi-Judicial Hearing C. REQUEST FOR IN-LIEU PARKING SPACES/.THB FLORIDA PROPERTIES, LLC: Consider a request from .THB Florida Properties, LLC for the purchase of two (2) in-lieu parking spaces in the amount of $31,200.00 for Burger Place, located at 12 S.E. 5th Avenue.Quasi Judicial Hearin) D. PARKING LICENSE AGREEMENT/MAX'S HARVEST:Consider approval of a parking license agreement with Max's Harvest to establish a parking valet queue on the 100 block of N.E. 2"d Avenue. E. DESIGNATION OF VOTING DELEGATE: Designate the City's voting delegate to the Florida League of Cities' 85th Annual Conference to be held at World Center Marriot in Orlando, Florida on August 11-13, 2011. F. EXTENSION OF MANAGEMENT AGREEMENT/BC.TE, INC./DUBIN AND ASSOCIATES: Consider a request to extend the Management Agreement with B.TCE, Inc. for the Municipal and Lakeview Golf Courses and with Dubin and Associates for the Tennis Facilities for four ~) years in return fora 10% reduction in current management fees. G. CONTRACT/MORRISON-WILLOUGHBY:Consider a license contract between the City and Morrison-Willoughby allowing the sale of bottled water on the Municipal Beach. Staff recommends denial. H. PROPOSAL/CENTER FOR PRIORITY BASED BUDGETING: Consider a proposal to facilitate the further development and implementation of our priority based budgeting~rocess. L SETTLEMENT OFFER IN ANDERSON OHMAN V. CITY OF DELRAY BEACH:Consider a Settlement Offer in the total amount of $20,000.00 in Anderson Ohman v. City of Delray Beach. Staff recommends approval. J. RESOLUTION NO. 25-11/MID YEAR BUDGET AMENDMENT: Consider approval of Resolution No. 25-11 amending Resolution No. 55-10 adopted September 21, 2010, which made appropriations of sums of money for all necessary expenditures of the City of Delray Beach for the FY 2010/2011, by setting forth the anticipated revenues and expenditures for the operating funds of the City for FY 2010/2011. K. APPOINTMENT TO THE COMMUNITY REDEVELOPMENT AGENCY:Appoint one (1 regular member to the Community Redevelopment Agency (CRA) to serve a four ~) year term ending .Tiny 1, 2015. Based upon the rotation system, the appointment will be made by Commissioner Gray (Seat #4~ L. APPOINTMENTS TO THE DOWNTOWN DEVELOPMENT AUTHORITY: Appoint four (4 regular members to the Downtown Development Authority (DDA to serve three ~) vear terms ending .Tiny 1, 2014. Based upon the rotation system, the appointments will be made by Commissioner Gray (Seat #4~, Mayor McDuffie (Seat #5~ Commissioner Carney (Seat #1) and Commissioner Fetzer (Seat #2). M. APPOINTMENTS TO THE FINANCIAL REVIEW BOARD: Appoint three (3) regular members and (2~ alternate members to the Financial Review Board for two (2) year terms ending .Tiny 31, 2013. Based upon the rotation system, the appointments will be made by Commissioner Gray (Seat #4~ Mayor McDuffie (Seat #5~ Commissioner Carney (Seat #1~ Commissioner Fetzer (Seat #2) and Commissioner Frankel (Seat #3). N. APPOINTMENTS TO THE GREEN IMPLEMENTATION ADVANCEMENT BOARD: Appoint three ~) regular members and two ~) alternate members to the Green Implementation Advancement Board to serve two ~) vear terms ending .Tiny 31, 2013. Based upon the rotation system, the appointments will be made by Commissioner Fetzer (Seat #2~ Commissioner Frankel (Seat #3~ Commissioner Gray (Seat #4~ Mayor McDuffie (Seat #5) and Commissioner Carney (Seat #1~ O. APPOINTMENTS TO THE EDUCATION BOARD: Appoint six ~) regular members and one ~) student member to the Education Board to serve two ~) vear terms ending .Tiny 31, 2013. Based upon the rotation system, the appointments will be made by Commissioner Carney (Seat #1~ Commissioner Fetzer (Seat #2~ Commissioner Frankel (Seat #3~ Commissioner Gray (Seat #4~ Mayor McDuffie (Seat #5~ Commissioner Carney (Seat #1) and Commissioner Fetzer (Seat #2). P. APPOINTMENTS TO THE POLICE ADVISORY BOARD: Appoint one (1 regular member to serve an unexpired term ending .Tiny 31, 2012, five ~) regular members to serve two ~) vear terms ending .Tiny 31, 2013 and one ~) student member to a serve two ~) vear term ending .Tiny 31, 2013 to the Police Advisory Board. Based upon the rotation system, the appointments will be made by Commissioner Gray (Seat #4~ Mayor McDuffie (Seat #5~ Commissioner Carney (Seat #1~ Commissioner Fetzer (Seat #2~ Commissioner Frankel (Seat #3~ Commissioner Gray (Seat #4) and Mayor McDuffie (Seat #5). Q• SERVICE AUTHORIZATION NO. 07-15.3/MATHEWS CONSULTING, INC.: Consider approval of Service Authorization No. 07-15.3 with Mathews Consulting, Inc., in the amount of $21,858.00 for construction administration and additional design for S.W. 12th Avenue/Auburn Avenue/S.W. 14th Avenue Improvements. Funding is available from 334-3162-541-68.04 (General Construction Fund: Other Improvement/S.W. 12th Avenue/Auburn/14th AvenueZ(ADDENDUM~ 10. PUBLIC HEARINGS: A. ORDINANCE NO. 18-11: Consider amending Chapter 132, "Offenses Against Public Peace And Safety", by amending Section 132.09, "Skateboarding and the Like Prohibited", to provide that skateboarding shall be prohibited in City-owned parking garages. B. ORDINANCE N0.19-11: Consider amending Chapter 96, "Fire Safety and Emergency Services", and amending Section 96.16, "Certain Codes Adopted by Reference", to clarify the requirements for installing automatic fire sprinklers in buildings which are reconstructed or rehabilitated. 11. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS FROM THE PUBLIC- IMMEDIATELY FOLLOWING PUBLIC HEARINGS: A. City Manager's response to prior public comments and inquiries. B. From the Public. 12. FIRST READINGS: A. NONE 13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS: A. City Manager B. City Attorney C. City Commission JUNE 7, 2011 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, June 7, 2011. 1. Roll call showed: Present - Commissioner Tom Carney Commissioner Fred B. Fetzer Commissioner Adam Frankel Commissioner Angeleta E. Gray Mayor Nelson S. McDuffie Absent - None Also present were - David T. Harden, City Manager Brian Shutt, City Attorney Chevelle D. Nubin, City Clerk 2. The opening prayer was delivered by Reverend Linda Mobley with Cason United Methodist Church. 3. The Pledge of Allegiance to the flag of the United States of America was given. 4. AGENDA APPROVAL. Mr. Carney moved to approve the Agenda, 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. Carney -Yes. Said motion passed with a 5 to 0 vote. 5. APPROVAL OF MINUTES: Mr. Frankel moved to approve the Minutes of the Regular Meeting of May 17, 2011, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mr. Frankel -Yes; Mrs. Gray -Yes; Mayor McDuffie -Yes; Mr. Carney -Yes; Mr. Fetzer - Yes. Said motion passed with a 5 to 0 vote. 6. PROCLAMATIONS: 6.A. Recognizing and Commending Dr. Virgil C. Norris Mayor McDuffie read the proclamation and noted it will be mailed. 06/07/ 11 7. PRESENTATIONS: 7.A. RESOLUTION NO. 22-11: Approve Resolution No. 22-11 recognizing and commending Margaret Johnson-Graham for 30 years of dedicated service to the City of Delray Beach. The caption of Resolution No. 22-11 is as follows: office.) A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, RECOGNIZING AND COMMENDING MARGARET JOHNSON-GRAHAM FOR THIRTY YEARS OF DEDICATED SERVICE TO THE CITY OF DELRAY BEACH. (The official copy of Resolution No. 22-11 is on file in the City Clerk's Mr. Frankel moved to approve Resolution No. 22-11, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mrs. Gray -Yes; Mayor McDuffie -Yes; Mr. Carney -Yes; Mr. Fetzer -Yes; Mr. Frankel -Yes. Said motion passed with a 5 to 0 vote. 7.B. Update on the Legislative Session -Representative Lori Berman Representative Lori Berman distributed the newsletter on the Legislative Session and stated the new law for pill mills requires a mandate that pain clinics have to register and receive a license from the Department of Health, requires distributors to report data to the Department of Health, and they have to refuse to distribute to persons with criminal backgrounds. This will reduce the pill mill operational capacities and provide law enforcement with stronger tools to fight the pain pill epidemic and the Bill amended the database by prohibiting donations from pharmaceutical manufacturers to support it. Representative Berman stated there was a movement to appeal the Red Light Camera Bill but instead it did not pass so the Red Light Camera Bill as it exists still is in effect. She stated $83.00 out of $158.00 traffic infraction goes to the State Department of Revenue and local government retains $75.00. Representative Lori Berman stated between July 1, 2010 and March 2011 approximately $10.4 million was retained by local governments that have installed traffic infraction detectors. Ms. Berman stated they passed a 300 page piece of legislation regarding growth management. She stated concurrency is not required under the new law; it is optional which means when the City approves a development they do not have to approve roads, schools or parks. Representative Berman stated House Bill 45 preempts local government from enacting laws that impinge on a person's ability to own Firearms and ammunition; House Bill 93 - local government cannot require convenience stores and other businesses to install security cameras; House Bill 407 prohibits local governments from having a Building Inspector look at anything other than what they were called out to inspect; House Bill 2 06/07/ 11 7215 prohibits local government from regulating the sale of fertilizer unless it was done before July 1, 2011. Representative Berman stated this year was a challenging session for everyone in Tallahassee. She stated two Bills passed; the Lake Worth Drainage District local Bill gives the Drainage District authority to issue bonds and with that bonding power the goal is to build a reservoir and enter into interlocal agreements with the city to sell the water from the reservoir. Mayor McDuffie thanked Representative Berman for the open door policy and for the dialogue the Commission has been able to have. He stated hopefully they will have a better session next year. 8. CONSENT AGENDA: City Manager Recommends Approval. 8.A. RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ACTIONS: Approve and ratify actions of the South Central Regional Wastewater Treatment and Disposal Board at their Quarterly Meeting of May 5, 2011. 8.B. RESOLUTION NO. 16-11 (TAX EXEMPTION REQUEST FOR ELIGIBLE IMPROVEMENTS/114 N.E. 1 AVENUE): Approve a tax exemption request for eligible improvements to the property located at 114 N.E. 1st Avenue within the Old School Square Historic District; and approve Resolution No. 16-ll. The caption of Resolution No. 16-ll is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, GRANTING AN AD VALOREM TAX EXEMPTION TO ROGER COPE, TRUSTEE, FOR THE HISTORIC REHABILITATION OF THE PROPERTY LOCATED AT 114 NE 1sT AVENUE, AS FURTHER DESCRIBED HEREIN; DETERMINING THAT THE COMPLETED IMPROVEMENTS ARE CONSISTENT WITH LAND DEVELOPMENT REGULATION (LDR) SECTION 4.51(M)(5); PROVIDING AN EFFECTIVE DATE. (The official copy of Resolution No. 16-ll is on file in the City Clerk's office.) 8.C. RESOLUTION NO. 17-11 (TAX EXEMPTION REQUEST FOR ELIGIBLE IMPROVEMENTS/138 N.E. 1St AVENUE): Approve a tax exemption for improvements to the property located at 138 N.E. 1St Avenue within the Old School Square Historic District; and approve Resolution No. 17-ll. The caption of Resolution No. 17-ll is as follows: 06/07/ 11 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, GRANTING AN AD VALOREM TAX EXEMPTION TO OWEN G. AND MARY JO CISCO FOR THE HISTORIC REHABILITATION OF THE PROPERTY LOCATED AT 138 NE 1sT AVENUE, AS FURTHER DESCRIBED HEREIN; DETERMINING THAT THE COMPLETED IMPROVEMENTS ARE CONSISTENT WITH LAND DEVELOPMENT REGULATION (LDR) SECTION 4.51(M)(5); PROVIDING AN EFFECTIVE DATE. (The official copy of Resolution No. 17-ll is on file in the City Clerk's office.) 8.D. GRANT AGREEMENT/FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION: Approve a Grant Agreement with the Florida Fish and Wildlife Conservation Commission to provide funding in the amount of $102,500.00 for the reconstruction of the Mangrove Park Boat Ramp. 8.E. CONTRACT CLOSEOUT (CHANGE ORDER NO. 2/FINAL)/CHAZ EQUIPMENT COMPANY, INC.: Approve a Contract Closeout (C.O. No. 2/Final) in the amount of a $41,130.83 decrease and final payment in the amount of $63,756.42 to Chaz Equipment Company, Inc. for the completion of the S.W. 12th Avenue Alleys Phase I Project. Funding is available from 334-3162-541-68.49 (General Construction Fund/Other Improvement/S.W. 12th Avenue Phase I Alley) and 448-5461-538-68.38 (Storm Water Utility Fund/Other Improvement/S.W. 12th Avenue Phase I Alley). 8.F. AGREEMENT/HIT AFTER HIT, INC.: Approve an agreement with Hit After Hit, Inc. to create an Ultimate Performer singing competition at Pompey Park. 8.G. NEIGHBORHOOD STABILIZATION PROGRAM (NSP) EXTENSION OF AUTHORIZATION: Provide authorization to extend the City Manager and /or his designees to sign purchase agreements for the acquisition of properties under the NSP initiative until September 30, 2013. 8.H. COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG)/FIOUSING REHABILITATION CONTRACT AWARDS: Approve two (2~ Housing Rehabilitation contract awards for 108 N.W. 8t Avenue and 215 N.W. 6t Avenue to Built Solid Construction, LLC., the lowest responsive bidder, in the amount of $54,512.47 for housing rehabilitation grants under the Community Development Block Grant (CDBG). Funding is available from 118-1963-554-49.19 (Neighborhood Services: Other Current Charges/Housing Rehabilitation). 8_I. FIFTH AMENDMENT TO THE INTERLOCAL AGREEMENT/PALM BEACH COUNTY: Approve the Fifth Amendment to the Interlocal Agreement with Palm Beach County in the amount of $50,000.00 supporting 4 06/07/ 11 Weed and Seed "seeding" efforts. 8.J. SCHOOL READINESS CHILD CARE SERVICE AGREEMENT/FAMILY CENTRAL, INC.: Approve a School Readiness Child Care Service Agreement between the City and Family Central, Inc., to provide subsidized child care funding for the Afterschool Program. 8.K AFTERSCHOOL PROGRAM SERVICE AGREEMENT/FAMILY CENTRAL, INC.: Approve an Afterschool Program Service Agreement between the City and Family Central, Inc., to continue reimbursable funding through the Continue to Care-Afterschool Scholarship program for the Afterschool Program located at Pompey Park and the Community Center. 8.L. RENEWAL OF AGREEMENT/PALM BEACH STATE COLLEGE: Approve renewing an Agreement with Palm Beach State College to provide education and training to students in the Paramedic and EMT program for Delray Beach Fire Rescue. 8.M. CHANGES TO THE GENERAL EMPLOYEES INVESTMENT POLICY GUIDELINES: Approve changes to the General Employees Investment Policy Guidelines. 8.N. RATIFICATION OF APPOINTMENT TO THE HIDS AND COPS COMMITTEE: Approve and ratify the appointment of Ms. Nicole Guerriero, Police Department Representative, for an unexpired term ending November 30, 2011. 8.0. RESOLUTION NO. 21-11: Approve Resolution No. 21-11 assessing costs for abatement action required to remove nuisances on four (4) properties throughout the City. The caption of Resolution No. 21-11 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO CHAPTER 100 OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATING NUISANCES UPON CERTAIN LAND(S) LOCATED WITHIN THE CITY OF DELRAY BEACH AND PROVIDING THAT A NOTICE OF LIEN SHALL ACCOMPANY THE NOTICE OF ASSESSMENT; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ABATEMENT OF NUISANCES; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ON ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLUTION, AND 5 06/07/ 11 DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS. office.) (The official copy of Resolution No. 21-ll is on file in the City Clerk's 8.P. NAME CHANGE AMENDMENT FOR PROFESSIONAL SERVICES CONTRACT/ATHINS NORTH AMERICA, INC: Approve a Name Change Amendment for Professional Services Contract from Post, Buckley, Schuh &Jernigan, Inc. (PBS & J, Inc.) to Atkins North America, Inc. 8~. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period May 16, 2011 through June 5, 2011. 8.R AWARD OF BIDS AND CONTRACTS: 1. Bid award to Pro Courts in the amount of $23,222.50 for fence repair at the Tennis Center and at the Delray Beach Swim and Tennis Club. Funding is available from 334-4145-572-46.90 (General Construction Fund: Repair & Maintenance Services/Other Repair/Maintenance Costs). 2. Bid award to Pro Courts in the amount of $35,040.00 for resurfacing courts five (5) through eight (8) and installing approximately 340 linear feet of channel drains along the north side of courts five (5) through eight (8) and north side of court nine (9) at the Tennis Center. Funding is available from 334-4145-572- 46.90 (General Construction Fund: Repair & Maintenance Services/Other Repair/Maintenance Costs). 3. Purchase award to Municipal Equipment Company, LLC. in the amount of $55,201.25 for twenty-five (25) replacement sets of firefighting personal protective equipment. Funding is available from 001-2315-526-52.18 (General Fund: Operating SuppliesBunker Gear). 4. Purchase award to Hector Turf in the amount of $16,664.26 for the purchase of one (1) Toro Groundmaster 7200 with 62" Recycler Kit for Utilities Maintenance. Funding is available from 441-5143- 536-64.90 (Water and Sewer Fund: Machinery/Equipment/Other Machinery/Equipment). 5. Purchase award to Ag-Tronix in the amount of $49,395.92 to continue computerization of irrigation systems to the remainder of the parks, medians and public facilities. Funding is available from 119-4151-572-64.90 (Beautification Trust Fund: Machinery/Equipment/Other Machinery/Equipment). 6 06/07/ 11 6. Purchase award to Sports Turf One, Inc. in the amount of $62,742.45 for resodding Hilltopper Stadium. Funding is available from 001-4131-572-34.90 (General Fund: Other Contractual Service). 7. Purchase award to Stop-Tech in the amount of $27,417.00 for sixty (60) Stop Stick kits, storage units, and an on-site "train-the-trainer" course for implementation. Funding is available from 334-2ll1- 521-52.27 (General Construction Fund: Operating Supplies/Equipment <$1,000). Mr. Frankel moved to approve the Consent Agenda, seconded by Mr. Carney. Upon roll call the Commission voted as follows: Mayor McDuffie -Yes; Mr. Carney -Yes; Mr. Fetzer -Yes; Mr. Frankel -Yes; Mrs. Gray -Yes. Said motion passed with a 5 to 0 vote. 9. REGULAR AGENDA: 9.A. CONDITIONAL USE REQUEST/MOTION AUTO CARE: Consider a conditional use request to allow the establishment of an automobile repair shop with detailing services for Motion Auto Care, to occupy a tenant bay within amulti-tenant industrial building located at 1208 Georgia Street. (Quasi-Judicial Hearing) Mayor McDuffie read the City of Delray Beach procedures for aQuasi- Judicial Hearing into the record for this item. Chevelle D. Nubin, City Clerk, swore in those individuals who wished to give testimony on this item. Mayor McDuffie asked the Commission to disclose their ex parte communications. Mr. Frankel and Mrs. Gray stated they had no ex parte communications to disclose. Mayor McDuffie stated he had a conversation with the applicant in his office discussing the things that they wanted to do with this particular property and he informed them that they were on the right track but that the needed to go through the Planning and Zoning Board which they have done. Mr. Carney and Mr. Fetzer stated they had no ex parte communications to disclose. Mark McDonnell, Assistant Planning Director, entered the Planning and Zoning Department project file #2011-101 into the record. Mr. McDonnell stated this is a request for a Conditional Use for Motion Auto Care located at 1208 Georgia Street. The applicant is proposing to occupy one of the bays in this building in the Wallace Drive redevelopment area north of Linton Boulevard on the west side of Wallace Drive. Mr. McDonnell stated the proposed auto repair use will occupy one bay 1,250 square feet within this building and is allowed as a conditional use within that zoning district. Mr. McDonnell stated the Wallace Drive 7 06/07/ 11 Redevelopment Plan was adopted by the City Commission on January 6, 2004. Mr. McDonnell stated the study that was done stated that "most of the structures with the exception of the newer facilities in the area are poorly maintained and the existing auto repair and vehicular storage uses are having a negative impact on the entire area." The Wallace Drive Redevelopment Plan goes further to state "additional automobile repair uses should be discouraged and that the most appropriate use for the area are manufacturing, fabrication or mixed industrial/commercial uses that generate employment opportunities within the City." Mr. McDonnell stated the current request is for Bay 3 and is in direct conflict with the provisions of the Wallace Drive Redevelopment Plan. At its meeting of May 16, 2011, the Planning and Zoning Board held a public hearing for the conditional use request and after significant discussion, the Board felt approval of this conditional use for one bay was minor in impact and moved a recommendation of approval on a unanimous vote of 5 to 0, by adopting the findings of fact and law contained in the staff report. Staff recommends denial of the conditional use request to establish an automobile repair and detailing service known as Motion Auto Care. Ms. Gray asked what the percentage of vacancies is. Mr. McDonnell stated an inventory was done and most of spaces are occupied by Napa Truck Parts. Ms. Gray stated if the Commission denies this how long would it be before we start renovating that area. Mr. McDonnell stated this will be driven by the market. Shane Johnson, 8480 Winnipesaukee Way, Lake Worth, FL 33467 (co-owner of Motion Auto Care with his father), stated his father worked for Saturn for over 19 years and was laid off and they had a dream to open up their own shop to service the community of Delray. He stated he attended Gulf Stream school from K-8tn grade, American Heritage, and Delray summer camp. Mr. Johnson stated they plan on being a part of the success of the City of Delray Beach to help restructure this property so that the citizens of Delray Beach can get top quality services. Mayor McDuffie stated if anyone from the public would like to speak in favor or in opposition of the conditional use request, to please come forward at this time. There being no one from the public who wished to address the Commission, the public hearing was closed. There was no cross-examination or rebuttal. Mr. Carney stated he drove out to the site today and walked around the neighborhood. He stated he does not believe this impacts the Wallace Drive Redevelopment Plan because where it is situated and the other types of activity that surround it, he does not see it as introducing anymore of a negative into the area that is already there. However, Mr. Carney expressed concern over the parking on the street and he would like to see some type understanding with the applicant that if this were approved that they would have those cars within the compound itself behind the buffering 8 06/07/ 11 that has been provided. Mr. Carney stated he understands that it is contradictory to the Wallace Drive Redevelopment Plan but in this case he does not think that this affects the overall theme of that Plan which is to develop this area. Mr. Fetzer concurred with comments expressed by Commissioner Carney. Mr. Fetzer stated this is a small bay operation and believes we need to support our small business people in doing something like this in our community. He supports the Planning and Zoning Board vote and therefore supports the conditional use request. Mr. Frankel stated he respects staff's recommendation. Mr. Frankel commended Mr. Johnson for his presentation and supports the conditional use. Mayor McDuffie commented about the boats, trucks and vehicles on the street and asked if any of this is illegal Mr. McDonnell stated the work that is being done on the boats out in the yard is not allowed nor is parking the boats in the right-of- way. Mr. McDonnell stated this applicant does not need Code Enforcement attention; there are a number of users in that building with a number of code issues. Mayor McDuffie stated he is looking at this as 1,250 feet of a 17,500 square foot building and does not think they are going to destroy the neighborhood in these 1,250 square feet. Mayor McDuffie stated this is a time when we are looking at economic development in our community and feels if we can put people back to work in Delray he feels this is what we should do. Mayor McDuffie commended staff for the things that they have done and stated in the redevelopment we need to take a look at all of this; however, he feels the redevelopment is a while off. 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. Carney moved to adopt the Board Order as presented, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mr. Carney -Yes; Mr. Fetzer -Yes; Mr. Frankel -Yes; Mrs. Gray -Yes; Mayor McDuffie -Yes. Said motion passed with a 5 to 0 vote. 9.B. FUNDING AGREEMENT/COMMUNITY REDEVELOPMENT AGENCY (CRA)/ECONOMIC DEVELOPMENT DIRECTOR: Provide direction as to whether a new Economic Development Director should be hired, and if so what organization that position should be part of and how it would relate to the City as a whole. Mayor McDuffie stated some people have requested to speak on this item and it is Commission discretion as to whether to allow this people to speak. It was the consensus of the Commission to allow the following individuals to speak: 9 06/07/ 11 Mamie Walden, 6103 Caladium Road, Delrav Beach, FL 33484 (Executive Vice President of the Alliance of Delrav representing 81 condo and HOA communities from the Everglades to the ocean compromised of 100,000 residents), stated the Alliance fully supports the Community Redevelopment Agency (CRA) and the City working together to fund an Economic Development Director position. Ms. Walden read a brief statement into the record. Gregg B. Weiss, Chairman of the Chamber of Commerce, 64 S.E. 5r'' Avenue, Delrav Beach, FL 33483 (speaking on behalf of the Chamber's Economic Development Committee (EDC), stated they realize that sustainability of a healthy business community relies on many things such as strategic planning and investment, community partnerships, and strong leadership dedicated to the notion that a diversified thriving business community is essential to the long-term viability of Delray Beach. Mr. Weiss stated the EDC believe it is a great benefit to Delray Beach with the hire of a full- time Economic Development Director and that the position be housed at the Delray Beach CRA office. Mr. Weiss stated on behalf of the Economic Development Committee at the Chamber of Commerce, they endorse this continued partnership between the CRA, the City, and the hiring of this position. Diane Colonna, Executive Director of the CRA, briefly summarized some of the accomplishments in the past year of the Economic Development Director. Ms. Colonna stated the position has worked very well at the CRA and hopes the City will participate in the funding because it is important that this person be able to market and promote the areas outside the CRA district. Christina Morrison Pearce, 2000 South Ocean Boulevard #307, Delrav Beach, FL 33483, stated there are other areas in the city besides the CRA district that really need attention right now and urged the Commission to consider this. There being no one else who wished to address the Commission, the public hearing was closed. Mr. Frankel stated he sent an email to the City Manager today about asking how many businesses the Economic Development Director brought to the City. Ms. Colonna stated these past two years were some of the toughest economic times they have been through. Ms. Colonna stated they have had some new businesses come into downtown with some of the business assistance programs; however, she does not have an exact number. She stated they laid the ground work by creating these tools and promoting Delray Beach. Ms. Colonna stated there has been competition with Boca when looking at the larger employers there is so much vacant office space there that even when the Business Development Board has brought companies a lot of them have tended to go to existing vacant space there. Ms. Colonna stated recently the CRA has been working with two hotels on the incentive programs that they have and jobs will be created with those. 10 06/07/ 11 Mr. Frankel stated the City has a very difficult budget and he is not so sure that the money being spent has paid off. Mrs. Gray asked what percentage the City contributed to the Economic Development Director position. The City Manager stated the City contributed twenty- five percent ($20,000-$25,000). Mrs. Gray stated she supports an Economic Development Director and would like to see this person concentrate on the four corners and other areas on Congress Avenue as well. Also, Mrs. Gray stated she would like the Commission to be able to participate in the hiring of the next Economic Development Director. Mrs. Gray asked if the CRA has asked the Chamber of Commerce to participate in any way. Ms. Colonna stated the Chamber has provided support in terms of meeting space, the web site, and the director works very close with the Chamber's Economic Development Committee so there is a lot of support and ideas coming from that. Ms. Colonna stated she, Lula Butler, and Bill Wood conducted the interviews to select the person for this position in the past. Mrs. Gray asked who this person would be reporting to. The City Manager stated if the Commission gives direction to move forward he recommends that we review the job description and the agreement between the CRA to address some of the issues with Diane Colonna's involvement in the hiring process, the reporting, and how the areas outside the CRA district would be handled. The City Manager stated the City is running a deficit this year because of the delay in getting labor contracts negotiated. Therefore, the City Manager recommends not funding this position until the new budget year starting October 1st. Ms. Gray asked if the Commission approves this how soon would that person come on board and would the CRA be able to afford funding that position until that time. Ms. Colonna stated she does not believe this would be a problem and would like to hire someone soon. Mr. Carney stated we need to do something sooner rather than later in addressing the economic incentives within the CRA district but other parts of the city such as the Congress Avenue corridor. Mr. Carney supports an Economic Development Director and stated the focus of the position needs to be as much outside of what is in the CRA district as it is outside the district in particular the Congress Avenue Corridor which needs a lot of attention. Mr. Fetzer supports the position of an Economic Development Director and stated we need to invest in bringing a diverse business climate to Delray Beach. He too agrees that we need to focus on other areas of the city other than the CRA district. Mr. Fetzer strongly supports this and stated we need to be forward with it. The City Manager stated one of the things Mr. Perez-Azua did was to step up the City's involvement with the Business Development Board and over long-term that will pay dividends. 11 06/07/ 11 Mayor McDuffie stated many organizations such as the Sports Commission, the Tourism Development Council and everyone else in the West Palm Beach area was working on bringing businesses and people to Palm Beach County. He stated we need to continue to do and feels this is an important position for the City of Delray Beach. Mayor McDuffie stated we need to find someone with that expertise and trained in business development and there should be a reporting component that the Commission receives feedback on a regular basis from what is going on so they can inform the stakeholders (i.e. Chamber, CRA, and City) in this job. Mayor McDuffie stated he would like to make sure that the Commission is a large part of the selection of this person. It was the consensus of the Commission to direct the City Attorney to make the following changes to the agreement: (1) the City involved in the hiring of this person, (2) direction in the agreement regarding the outside areas outside the CRA boundaries that this person can look at, (3) funding will not begin until October 1st, (4) reporting component from this person to the City on a timely basis and that staff get with the CRA and bring it back for the next regular meeting of June 21, 2011. in business. NIr. Frankel stated he would support someone with specialized knowledge Mayor McDuffie he believes that to be critical because over the past two years he has had the opportunity to sit with people who solely do corporate site selection. Mrs. Gray stated that the City start looking at creating incentives for the Congress Avenue corridor. At this point, the Commission moved to Item ll.B., Comments and Inquiries on Non-Agenda Items from the Public. ll.B. From the Public. ll.B.l. Matthew Sclier, 18 Grove Way, Delray Beach, FL 33444, distributed photos of Riviera Beach and stated the City of Riviera Beach issues tickets for anyone that violates the noise ordinance. NIr. Sclier stated he spoke to the Delray Beach Police Chief who stated he was all for it but the problem is enforcing this law. Mr. Sclier stated if extra police are needed to enforce this he will put his money up to pay for the salary for two days of police written against tickets that they will issue and feels those tickets will exceed their salaries. He urged the City Commission to come up with a resolution to this issue. At this point, the time being 7:04 p.m., the Commission moved to the duly advertised Public Hearings portion of the Agenda. 12 06/07/ 11 10. PUBLIC HEARINGS: 10.A. ORDINANCE NO. 12-11 (SECOND READING/SECOND PUBLIC HEARING): Consider a city initiated amendment to the Land Development Regulations (LDR) Article 4.4 to add community gardens as a principal use and an accessory use, amending Section 4.3.3, "Special Requirements for Specific Uses", to establish specific regulations pertaining to the development of community gardens. The caption of Ordinance No. 12-ll is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS BY ENACTING A NEW SECTION 4.3.3(D), "COMMUNITY GARDENS", TO PROVIDE STANDARDS FOR SAME; AMENDING SECTIONS 4.4.3, "SINGLE FAMILY RESIDENTIAL (R-1) DISTRICTS", SUBSECTION (B), "PRINCIPAL USES AND STRUCTURES PERMITTED", 4.4.5, "LOW DENSITY RESIDENTIAL (RL) DISTRICT", SUBSECTIONS (B), "PRINCIPAL USES AND STRUCTURES PERMITTED" AND (C), "ACCESSORY USES AND STRUCTURES PERMITTED", 4.4.6, "MEDIUM DENSITY RESIDENTIAL (RM) DISTRICT", SUBSECTIONS (B), "PRINCIPAL USES AND STRUCTURES PERMITTED" AND (C), "ACCESSORY USES AND STRUCTURES PERMITTED"; TO ADD COMMUNITY GARDENS TO THE LIST OF PERMITTED USES, AND AS ACCESSORY USES TO AN APPROVED MULTI- FAMILY DEVELOPMENT; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTNE DATE. office.) (The official copy of Ordinance No. 12-ll 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. Lula Butler, Director of Community Improvement, stated this ordinance is acity-initiated amendment to the LDRs to add community gardens as a principal use and accessory use and to establish specific regulations pertaining to the development of community gardens. Mrs. Butler stated staff proposes that community gardens be located in R-1 Single Family Residential Districts, RL Low Density Residential District, and RM Medium Density Residential District and the ordinance contains both general rules and 13 06/07/ 11 specific rules governing the use of community gardens. Mrs. Butler briefly reviewed the general rules and stated all community gardens require administrative approval through the Community Improvement Department or the Planning and Zoning Department if they are associated with amulti-family development. Mrs. Butler stated this item has been before the West Atlantic Avenue Redevelopment Coalition (WARC), the Community Redevelopment Agency (CRA), and the Planning and Zoning Board. Mayor McDuffie declared the public hearing open. Michael Stevenson, representing the Southwest Community Garden, stated for several years he grew fruits and vegetables at home and provided them to neighbors and quickly his yard became too small and the idea of producing enough things for his neighbors was overwhelming. Mr. Stevenson stated also while working the Southwest Neighborhood Alliance they discussed the issue of how difficult it is to get the people in his neighborhood out so they could start their neighborhood associations and thus his idea for the Southwest Community Garden. He stated once they started the community garden they identified several things: (1) educate youth and families about how to grow foods and items in our community, (2) educate the neighbors about nutrition and its important role, (3) speak to the youth about multi-cultural diversity, (4) educate neighbors how important food plays in religion, and other cultures and how they use herbs and spices. Mr. Stevenson stated there is a section in the ordinance that included prohibiting of use of synthetic products and that community gardens must be organic. Mr. Stevenson stated the goal of the Southwest Neighborhood Garden is to produce nutritious and wholesome vegetables for the people in his neighborhood and they do not charge them. Mr. Stevenson stated some of the products they grow at their community garden they will take and sell at other venues such as the green market, etc. He stated they rely on donations and fundraisers. Mr. Stevenson stated he sent an email approximately one month ago inviting the City Commission to see the community garden. Mr. Carney asked Mr. Stevenson about his concern regarding the ordinance is that pesticides are not organic. Mr. Stevenson stated not only is the pesticide not organic but fertilizing the other synthetic products that they have to use in order to produce a high volume food item are not organic. Pablo Del Reah 521 Southridge Road, Delray Beach, FL 33444, inquired about the 10 foot setbacks from the interior property lines. Mr. Del Real asked if there is a similar ordinance regulating a garden in someone's home. Mrs. Butler stated generally people with gardens do not plant them in their setback areas and the intent of it is so that it does not encroach upon residential units that are adjacent to them. Jayne King, 3400 Place Valencay, Delray Beach, FL 33445, stated she is on the Green Implementation Advisory Board and one of the recommendations of the Board was to have community gardens. Ms. King stated she feels it is important to have community gardens and with regard to the organic fertilizers and pesticides she believes there are products that would not be harmful with the runoff and the other kinds of 14 06/07/ 11 harmful chemical affects. Ms. King urged the Commission to support the ordinance. There being no one else from the public who wished to address the Commission regarding Ordinance No. 12-11, the public hearing was closed. Mrs. Gray thanked staff for drafting this ordinance and she is glad to see the community garden. She asked if there is a way to find out about the pesticides without it being so costly. Mrs. Butler stated the City can possibly provide some technical assistance with what might be appropriate and affordable. Mayor McDuffie stated we have spent so much time and money in this city trying to get clean and green that synthesized pesticides, etc. are not something that we would like to see placed in our community. Mr. Carney stated there is a difference between synthetic pesticides and if the issue is whether or not they are concerned about them creating an environmental issue he completely agrees. However, Mr. Carney stated because it is synthetic does not necessarily mean that it creates an environmental issue. Mrs. Gray asked Mr. Stevenson to work with staff to come up with a list of products that would be feasible for both. Mr. Stevenson stated he would be more than happy to work with staff. Mr. Carney moved to adopt Ordinance No. 12-11 on Second and FINAL Reading, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mr. Fetzer -Yes; Mr. Frankel -Yes; Mrs. Gray -Yes; Mayor McDuffie -Yes; Mr. Carney - Yes. Said motion passed with a 5 to 0 vote. At this point, the time being 7:23 p.m., the Commission moved to Item ll.A., City Manager's response to prior public comments and inquiries. ll.A. City Manager's response to prior public comments and inquiries. None. At this point, the time being 7:23 p.m., the Commission moved back to Item 9.C. of the Regular Agenda. 9.C. CONTRACT AWARD/INTERCOUNTY ENGINEERING, INC.: Consider approval of a contract award to Intercounty Engineering Inc. in the amount of $816,492.50 for the construction of Osceola Park Water Main Phase II Project. Funding is available from 442-5178-536-65.85 (W&S Renewal & Replacement Fund: Other Improvements/Osceola Park). 15 06/07/ 11 Richard Hasko, Director of Environmental Services, stated this item is a recommendation by staff for award of a construction contract to Intercounty Engineering, Inc. for the construction of the Osceola Park Water Main Phase II Project in the amount of $816,492.50. Mr. Hasko stated Intercounty Engineering, Inc. was the low bidder on this project and the reason this is on the regular agenda is because there was one irregularity in Intercounty's bid. He stated there was a requirement in the bid submittal package for the contractor's to provide copies of their prequalification certification by the city and Intercounty's administrative staff had inadvertently left that piece of paper out. Mr. Hasko stated Intercounty Engineering is prequalified in the city and they were awarded the bid for the Area llB Reclaimed Water Project on the barrier island. Staff's concern was whether or not Intercounty had the staff and the resources to construct them both concurrently in independent timeframes which is why staff requested the verification in the backup. Mr. Hasko stated they have informed the city that they have the staff, resources, and equipment to do that. He stated based on Commission's ability to waive irregularities in bids as specified in the bid documents staff recommends this bid award to Intercounty Engineering, Inc. Mr. Frankel moved to approve the contract award to Intercounty Engineering Inc. in the amount of $816,492.50 including the waiver of the irregularity in the bid, seconded by Mr. Carney. Upon roll call the Commission voted as follows: Mr. Frankel -Yes; Mrs. Gray -Yes; Mayor McDuffie -Yes; Mr. Carney -Yes; Mr. Fetzer - Yes. Said motion passed with a 5 to 0 vote. 9.D. APPOINTMENT TO THE FINANCIAL REVIEW BOARD: Appoint one (1) alternate member to the Financial Review Board to serve an unexpired term ending July 31, 2011. Based upon the rotation system, the appointment will be made by Mayor McDuffie (Seat #5). Mayor McDuffie stated he wished to appoint Andrew Youngross as an alternate member to the Financial Review Board to serve and unexpired term ending July 31, 2011. Mr. Frankel so moved, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mrs. Gray -Yes; Mayor McDuffie -Yes; Mr. Carney - Yes; Mr. Fetzer -Yes; Mr. Frankel -Yes. Said motion passed with a 5 to 0 vote. 9.E. APPOINTMENT TO THE BOARD OF ADJUSTMENT: Appoint one (1) alternate member to the Board of Adjustment to serve an unexpired term ending August 31, 2011. Based upon the rotation system, the appointment will be made by Mayor McDuffie (Seat #5). Mayor McDuffie stated he wished to appoint Michael Park as an alternate member to the Board of Adjustment to serve an unexpired term ending August 31, 2011. Mrs. Gray so moved, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mayor McDuffie -Yes; Mr. Carney -Yes; Mr. Fetzer -Yes; Mr. Frankel - Yes; Mrs. Gray -Yes. Said motion passed with a 5 to 0 vote. At this point, the time being 7:26 p.m., the Commission moved to Item 12, First Readings. 16 06/07/ 11 12. FIRST READINGS: 12.A. ORDINANCE NO. 18-11: Consider amending Chapter 132, "Offenses Against Public Peace And Safety", by amending Section 132.09, "Skateboarding and the Like Prohibited", to provide certain areas in which skateboarding shall be prohibited. If passed, a public hearing will beheld on June 21, 2011. The caption of Ordinance No. 18-11 is as follows: office.) AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 132, "OFFENSES AGAINST PUBLIC PEACE AND SAFETY", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 132.09, "SKATEBOARDING AND THE LIKE PROHIBITED", TO PROVIDE CERTAIN AREAS IN WHICH SKATEBOARDING SHALL BE PROHIBITED; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 18-11 is on file in the City Clerk's The City Attorney read the caption of the ordinance. Cathy Kozol, Assistant City Attorney/Police Legal Advisor, stated this ordinance prohibits skateboarding in the garages (Old School Square Garage and the Robert W. Federspiel Parking Garage) within the City. Mr. Carney moved to approve Ordinance No. 18-11 on FIRST Reading, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mr. Carney - Yes; Mr. Fetzer -Yes; Mr. Frankel -Yes; Mrs. Gray -Yes; Mayor McDuffie -Yes. Said motion passed with a 5 to 0 vote. 12.B. ORDINANCE NO. 19-11: Consider amending Chapter 96, "Fire Safety and Emergency Services", and amending Section 96.16, "Certain Codes Adopted by Reference", to clarify the requirements for reconstruction. If passed, a public hearing will be held on June 21, 2011. The caption of Ordinance No. 19-11 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 96, "FIRE SAFETY AND EMERGENCY SERVICES", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, 17 06/07/ 11 FLORIDA, BY AMENDING SECTION 96.16, "CERTAIN CODES ADOPTED BY REFERENCE", TO CLARIFY THE REQUIREMENTS FOR RECONSTRUCTION; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 19-11 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. Richard Hasko, Director of Environmental Services, stated this ordinance came to staff's attention as they were going through the permitting process for the Pompey Park concession stand. Mr. Hasko stated staff ran into some permitting issues with fire safety and after staff researched the ordinance they realized that unlike many of the City's ordinances there was nothing in the ordinance that addressed redevelopment or rehabilitation. He stated many of the City's ordinances do address that in terms of thresholds for some of these requirements based on a percentage of the structure that is being rehabbed. Mr. Hasko stated staff discussed this with Fire-Rescue and they agreed that it would make sense to have that threshold in this ordinance for minor expansions and rehabilitations of structures such as Pompey Park concession stand. Mrs. Gray moved to approve Ordinance No. 19-11 on FIRST Reading, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mr. Fetzer - Yes; Mr. Frankel -Yes; Mrs. Gray -Yes; Mayor McDuffie -Yes; Mr. Carney -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. 13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS. 13.A. City Manager The City Manager commented about the Agreement with Gulf Stream and stated the City has the block data for the 2010 Census. Secondly, the City Manager stated the conference last week was excellent. He stated there were numerous ideas about saving the City money and improving the way we do things. 13.B. City Attorney The City Attorney had no comments and inquiries on non-agenda items. 18 06/07/ 11 13.C. City Commission 13.C.1. Mr. Fetzer Mr. Fetzer commented about the studies the City has underway with ICMA on the Police and Fire staffing and asked about the status. The City Manager stated staff has the data analysis for both Police and Fire and staff has had the on-site visits and is waiting for the draft report. The City Manager stated staff should have those reports within the next couple of weeks. Secondly, Mr. Fetzer stated with regard to next year's budget what timeline is the Commission looking at as far as Commission involvement and discussions. The City Manager stated pursuant to the Charter the City Commission should have the budget by the first meeting in July. 13.C.2. Mr. Carnet/ Mr. Carney commented about the telephone calls he received related to the fire service the City is currently providing to Gulf Stream. He stated he wants to make sure in the analysis that we include the wiggle room that when they do develop the Sea Horse site (which is going to add additional residential dwelling units) staff does not have to go back a second time. Mr. Carey stated part of that annexation includes their desire to develop the Sea Horse site and he wants to make sure that we include that number at some later date in terms of what we would additionally charge them. 13.C.3. Mrs. Gray Mrs. Gray stated she attended the FCCMA (Florida City and County Management Association) Conference last week with the City Manager and staff. She stated this was a great conference and is looking forward to some new ideas and cost savings that staff is going to bring forth to the Commission. Secondly, Mrs. Gray stated under the Consent Agenda this evening the Commission approved the grant dollars for the reconstruction project at Mangrove Park and she congratulated staff for a great job. Mrs. Gray thanked Abby Murrell, Acting Recreation Supervisor IUPompey Park, and staff for doing a wonderful job with cleaning up Pompey Park and bringing in new programs. Lastly, Mrs. Gray congratulated the Village Academy 2011 graduating class for being the first class to graduate. 19 06/07/ 11 13.C.4. Mr. Frankel Mr. Frankel stated when the Commission discussed the Gulf Stream issue several months ago he was the only dissenting vote because he did not feel they were paying enough and now with this annexation he really does not feel they are paying enough. Secondly, Mr. Frankel stated he was at Spot Coffee and they had A-Frame signs and some City employees removed these signs and put them in their work vehicle without telling anyone. Mr. Frankel stated it was great having Lieutenant Governor Jennifer Carroll here. Mr. Frankel stated it was great to see so many community leaders at the opening of the Auburn project (Villages of Delray). He stated Mayor McDuffie gave a great speech and he is happy with what they are doing. Mr. Frankel complimented Commissioner Gray on her best bartending at the Brandon Flowers event. He stated this was a very nice charity event for XPE Sports. Lastly, Mr. Frankel stated "Dine Out for the Cause" will be the first event for the library for the summer and will be held Thursday, June 9, 2011 at Buddha Sky Bar. 13.C.5. Mayor McDuffie Mayor McDuffie stated he attended several graduations (i.e. Atlantic High School, S.D. Spady, and the Delray Youth Vocational Charter School). He stated the Delray Youth Vocational Charter School is in desperate financial trouble. There being no further business, Mayor McDuffie declared the meeting adjourned at 7:41 p.m. City Clerk ATTEST: MAYOR 20 06/07/ 11 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 June 7, 2011, 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. 21 06/07/ 11 IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA CONDITIONAL USE REQUEST TO ESTABLISH A 1,250 SQ. FT. AUTO REPAIR AND DETAILING BUSINESS ("MOTION AUTO CARE"} AT 1208 GEORGIA STREET, BAY #3 ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA 1. This conditional use request has come before the City Commission on June 7, 2011. The conditional use request is to establish a 1,250 sq. ft. auto repair and detailing business at 1208 Georgia Street, Bay #3. 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 Motion Auto Care. All of the evidence is a part of the record in this case. Required findings are made in Sections i and II below. I. COMPREHENSIVE PLAN A. FUTURE LAND USE MAP: The use or structures must be allowed in the zone district and the zoning district must be consistent with the land use designation. The subject property has a CMR (Commerce) Future Land Use Map (PLUM) designation and is zoned MIC (Mixed Industrial and Commercial). The MlC Zoning is consistent with the CMR land use designation. The proposal is to operate an auto repair and detailing service within Bay #3 located in the southwest portion of the building. Pursuant to LDR Section 4.4.19(D)(1}(c), within the MIC Zone district automotive paint, body, and repairs shops is allowed as a conditional use. Are the requirements of the Future Land Use Map met? Yes / No B. Concurrent Facilities which are provided by, or through, the City shall be provided to new development concurrent with issuance of a Certificate of Occupancy. These facilities shall be prodded pursuant to levels of service established within the Comprehensive Plan. 1 City Commission Meeting from June 7, 2011; Item 9.A. 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: Compliance with performance standards set forth in Chapter Three and required findings in LDR Section 2.4.5(E) (5) for the Conditional Use request shall be the basis upon which a finding of overall consistency is to be made. Other objectives and policies found in the adopted Comprehensive Plan may be used in making a finding of overall consistency. A review of the Objectives and Policies of the adopted Comprehensive Plan was conducted and no applicable Objectives or Policies were found. 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. Are the requirements of Section 2.4.5(E)(5) met? Yes / No ,,, . ,,,9 ~Parking]: Pursuant to LDR Section 4.6.9(C)(5)(a), R___ecton 4..5• ............ ..._..,.. general industrial uses (manufacturing, assembly, attendant offices) shall provide parking at a rate of 3 spaces per 1,000 sq. ft. of floor area devoted to such uses and 1 space per 1,000 sq. ft. of floor area devoted to storage and warehouse. In addition, general commercial uses (retail) and vehicle repair uses shall provide 4.5 spaces per 1,000 square feet of gross floor area [ref. LDR Sections 4.6.9(C)(3)a) & (5)(b)]. The MIC zone district allows a mix of industrial, office, and limited retail uses. The subject parcel was developed in the County and was subject to their development standards when it was originally developed. Palm Beach County parking requirements for IL (Light Industrial) manufacturing and processing required a ratio of 2 spaces per 2 City Commission Meeting from June 7, 2011; Item 9.A. 1,000 sq. ft. for the first 10,000 sq. ft; plus 1 space per 1,000 sq. ft. over 10,000 sq. ft. (10,000 x 211000 = 20 and 6,000 x 1 = 6,000 = 6) for a total of 26 parking spaces. It is noted that 36 parking spaces are currently being provided which equated to a surplus of 10 spaces. As the subject property was established as Light Industrial manufacturing only the difference in parking between the manufacturing (2 spaces per 9,000 sq. ft.) and auto repair (4.511,000) parking ratios needs to be provided with this conversion. Therefore, the number of vested manufacturing processing parking spaces is 2.5 spaces (1,250 x 211,000 = 2.5). Accordingly, the proposed 1,250 sq. ft. auto repair use requires 5.62 parking spaces (1,250 x 4.511,000) = 5.62). A total of 3 parking spaces are required for the conversion from manufacturing to auto repair (5.62 - 2.5 = 3.12}. These three (3) parking spaces required for the conversion are accounted for within the existing surplus of 10 spaces, and thus, the surplus parking will be reduced from ten (10) to seven (7} parking spaces. Are the requirements of Section 4.6.9 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 and her y adopts this Orde this th day of June 2011, by a vote of 5 in favor and 0 op osed. _ TIES ~ ` ~~~ Chevelle Nubin ~~~ City Clerk S. McDuffie, M 3 City Commission Meeting from June 7, 2011; Item 9.A. MEMORANDUM TO: Mayor and City Commissioners FROM: Amy E. Alvarez, Historic Preservation Planner Paul Dorling, AICP, Director of Planning and Zoning THROUGH: City Manager DATE: June 16, 2011 SUBJECT: AGENDA ITEM 6.A. -REGULAR COMMISSION MEETING OF .TUNE 21, 2011 100 DAYS OF CENTENNIAL CELEBRATIONS PROCLAMATION ITEM BEFORE COMMISSION The item before the City Commission is a proclamation in recognition of "100 Days of Centennial Celebrations" from July 2, 2011 to October 9, 2011. On October 9, 1911, the land west of the "canal" (Intracoastal Waterway) was incorporated and renamed as the Town of Delray from the Town of Linton. Members of Centennrial Committee will accept the proclamation. WHEREAS, in 1895, William S. Linton and David Swinton of Saginaw, Michigan and their pioneer group called the "Michigan Connection", and the pioneer black families of Fagan Henry and Jane Monroe, from the Florida Panhandle, purchased and settled land surveyed as the Town of Linton; and, WHEREAS, the Town of Lipton's first settlers, men and women, black and white, exhibited unmatched determination through great hardship, severe weather and environmental challenges, to work as a community to establish and develop this town; and, WHEREAS, through their perseverance and foresight, it was suggested by the Pioneers who hailed from Delray, a suburb of Detroit, Michigan, that the town be renamed after their original hometown in hope that a new name would bring a fresh start with much luck and prosperity; and WHEREAS, on October 9, 1911, 57 qualified electors voted, with the result that 56 approved and 1 abstained, to incorporate that area of the Town of Linton, west of the Intracoastal Waterway, and change the name to the Town of Delray, resulting in a significant turning point in Delray history. NOW, THEREFORE, I, NELSON S. MCDUFFIE, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission do hereby proclaim July 2, 2011 through October 9, 2011 as: X00 ~~y~ 0~' ~~I~`T~I~I~I~I~ ~~I~~~~.`~`TIOI~~ and urge all of our community to come together, get involved, and celebrate the proud heritage of Delray Beach which has grown to become an All America City and Preserve America Community. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Official Seal of the City of Delray Beach, Florida, to be affixed this 21St day of June, 2011. NELSON S. MCDUFFIE MAYOR MEMORANDUM TO: Mayor and City Commissioners FROM: Linda Karch, Director of Parks and Recreation THROUGH: David T. Harden, City Manager DATE: June 15, 2011 SUBJECT: AGENDA ITEM 6.B. -REGULAR COMMISSION MEETING OF .TUNE 21, 2011 PARKS AND RECREATION MONTH PROCLAMATION ITEM BEFORE COMMISSION Designation of July as Parks and Recreation Month. BACKGROUND Since 1985, America has celebrated July as the nation's official Park and Recreation Month. National Recreation Parks Association encourages cities to show how parks and recreation makes your life extraordinary! Create a healthy weekend habit by getting out to a park, trail, playground, swimming pool, natural area, or other public space every weekend. Just have FUN. WHEREAS, parks and recreation programs are an integral part of communities throughout this country; and, WHEREAS, our parks and recreation are vitally important to establishing and maintaining the quality of life in our communities, ensuring the health of all citizens, and contributing to the economic and environmental well-being of a community and region; and, WHEREAS, parks and recreation programs build healthy, active communities that aid in the prevention of chronic disease, provide therapeutic recreation services for those who are mentally or physically disabled, and also improve the mental and emotional health of all citizens; and, WHEREAS, parks and recreation programs increase a community's economic prosperity through increased property values, expansion of the local tax base, increased tourism, the attraction and retention of businesses, and crime reduction; and, WHEREAS, parks and recreation areas are fundamental to the environmental well-being of our community; and, WHEREAS, parks and natural recreation areas improve water quality, protect groundwater, prevent flooding, improve the quality of the air we breathe, provide vegetative buffers to development, and produce habitat for wildlife; and, WHEREAS, our parks and natural recreation areas ensure the ecological beauty of our community and provide a place for children and adults to connect with nature and recreate outdoors. NOW, THEREFORE, I, NELSON S. McDUFFIE, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission do hereby proclaim July, 2011, as ~J`~41~.K.S ~1~~ 1`~,C~l`~,C~4`TIOI~ 1~1(~I~I`I'fiI in Delray Beach and urge that attention be directed to the many ways in which parks, recreation and civic groups, public schools, private organizations, and other agencies may expand recreation facilities and programs so that every citizen will have the opportunity to develop meaningful and satisfying leisure activities. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Official Seal of the City of Delray Beach, Florida, to be affixed this 21St day of June, 2011. NELSON S. McDUFFIE MAYOR MEMORANDUM TO: Mayor and City Commissioners FROM: Dot Bast, Training and Development Manager THROUGH: David T. Harden, City Manager DATE: June 14, 2011 SUBJECT: AGENDA ITEM 7.A. -REGULAR COMMISSION MEETING OF .TUNE 21, 2011 RESOLUTION N0.24-11 ITEM BEFORE COMMISSION Resolution No. 24-ll, honoring Patsy Fox for 30 years of service. BACKGROUND In accordance with the City's service award policy, employees with 30 years of continuous full-time service are to be honored by the City Commission with a resolution and plaque. Patsy Fox, Human Resources Coordinator, achieved this milestone on Apri16, 2011. RESOLUTION NO. 24-11 A RESOLUTION OF THE CITY CONINIISSION OF THE CITY OF DELRAY BEACH, FLORIDA, RECOGNIZING AND COMMENDING PATSY FOX FOR THIRTY YEARS OF DEDICATED SERVICE TO THE CITY OF DELRAY BEACH. WHEREAS, Patsy Fox was hired by the City of Delray Beach as aClerk-Typist H in Human Resources on April 6, 1981; and on April 6, 2011 reached a milestone in her career, having achieved thirty (30) years of full-time service with the City; and WHEREAS, during the past thirty years Patsy Fox has served this community with honor and distinction as Personnel Assistant, Personnel Specialist, Personnel Generalist, HR Assistant, HR Consultant- Administration and HR Coordinator; and WHEREAS, Patsy has worked through the years to help make our City a great place of employment through her extraordinary customer service, her attention to detail and her compassion toward anyone fortunate enough to speak with her; and WHEREAS, Patsy has developed a reputation for being a skillful coordinator of the Human Resources processes, providing consistent guidance to all departments, ensuring compliance to policy and smooth transitions for all employees; and WHEREAS, while her mission in life is to be an anonymous blessing to many, Patsy's kindness and thoughtfulness are well-known and these attributes serve as an inspiration for us all to seek opportunities to serve to our fellow man; and WHEREAS, the City of Delray Beach and the Delray Beach Human Resources Department are honored to have Patsy Fox as a valued member of the municipal team over the past 30 years and she is appreciated by her co-workers and the entire city staff. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the City Commission of the City of Delray Beach hereby recognizes and commends Patsy Fox for thirty years of dedicated and faithful public service. Section 2. That the City Commission hereby congratulates and expresses sincere thanks and appreciation to Patsy Fox for her many years of excellent service, and wishes her the best of health and happiness in her continued employment with the City. PASSED AND ADOPTED in regular session on this the 21st day of June 2011. MAYOR ATTEST: CITY CLERK Res No. 24-11 MEMORANDUM TO: Mayor and City Commissioners FROM: Ronald Hoggard, AICP, Principal Planner Paul Dorling, AICP, Director Planning and Zoning THROUGH: City Manager DATE: June 15, 2011 SUBJECT: AGENDA ITEM 8.A. -REGULAR COMMISSION MEETING OF .TUNE 21, 2011 FINAL SUBDIVISION PLAT APPROVAL/ALTA CONGRESS REPEAT ITEM BEFORE COMMISSION The item before the City Commission is approval of the Alta Congress Plat. BACKGROUND Alta Congress is amulti-family development located on the west side of Congress Avenue, between West Atlantic Avenue and Lowson Boulevard. A Master Development Plan for the project was approved by the Planning and Zoning Board on October 15, 2007. On October 18, 2010, a modification to this Plan was approved which reduced the total number of units from 451 to 369. This plat is a re-plat of Tract A-1 and a portion of Tracts A, B, F and E-2, Congress Park, as recorded in Plat Book 44, Pages 194 and 195, Public Records of Palm Beach County, Florida and lying in Section 18, Township 46 South, Range 43 East, Delray Beach, Palm Beach County, Florida. The City Commission approved the Plat for this project on September 16, 2008, but it was never recorded. Pursuant to LDR Section 2.4.4(E)(5), if the final plat is not recorded within eighteen (18) months, the approval expires. Therefore, this Plat has been resubmitted for approval. Although minor modifications have been made, the re-submittal is essentially the same as the previously approved Plat. Plat Analysis: No specific findings are necessary for the approval of a final plat for a minor subdivision unless, as in this case, it is a boundary plat for a single parcel which is to be developed pursuant to an approved site and development plan. Under these circumstances, a finding must be made by the City Commission that the final plat is consistent with the findings made upon approval of the site and development plan. City staff has reviewed the plat and determined that all technical comments have been satisfied and that the Plat is consistent with findings in the approved Master Development Plan. Therefore a positive finding can be made. A copy of the Planning and Zoning Board Staff Report for the Master Development Plan is attached. REVIEW BY OTHERS The Plat was processed as a Minor Subdivision, therefore, it was forwarded directly to the City Commission for final action. No other Board review or action is required. 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N~ ~o m ~~ i~ ~ M x.00.00 N °' ~, ~ I I i u ~ ~ ~ "-'~ ~ 'ON l~~HS Ol H~1dW I i ~~~ ~P =~w C ~ ~ ! - ITEM BEFORE THE BOARD The action before the Board is that of approval of a Master Development Plan Modification for a multiple family residential development containing a minimum of 20% family/workforce housing units for the project known as Alta Congress, pursuant to LDR Section 2.4.5(G). The subject property is located on the west side of Congress Avenue, approximately 1,620 feet south of Atlantic Avenue. Pursuant to LDR Section 2.2.2(E)(7), the Local Planning Agency (P&Z Board) has the authority to take action on Master Development Plan Modification. BACKGROUND The subject property consists of portions of Tracts A, B, F, E-2, and all of Tract A-1 of Congress Park office park and contains 9.773 acres. The entire Congress Park office development is approximately 30.59 acres and has an extensive land use history with the most recent described below. At its meeting of December 5, 2006, the City Commission approved the Land Development Regulation text amendment that established the MROC (Mixed Residential, Office and Commercial) zoning district. At its meeting of February 6, 2007, the City Commission approved Comprehensive Plan Amendment 2007-1, which established the Congress Avenue Mixed Use Future Land Use Map designation. This designation included provisions for maximum residential densities and intensities, workforce housing, and atransit-oriented overlay near the tri-rail station. At its meeting of February 20, 2007, the City Commission rezoned the subject property from POC (Planned Office Center) to MROC. At its meeting of October 15, 2007, the Planning and Zoning Board approved the Master Development Plan for Alta Congress. The development included a total of 451 dwelling units which included 90 units for workforce housing. At its meeting of October 24, 2007, the Site Plan Review and Appearance Board approved the Class V site plan for the multiple family development. The site plan was approved subject to conditions. It is noted that the site plan was never certified nor the conditions of approval fully addressed. The revised plans address several of these conditions and the remaining conditions are carried forward as conditions of approval of this Master Development Plan Modification request. At its meeting of January 25, 2010, the Planning and Zoning Board approved a Master Development Plan extension for the project to October 15, 2011. Further, the Site Plan Review and Appearance Board approved the extension of the Class V site plan approval at its meeting of February 10, 2010 to October 24, 2011. A master development plan modification request has been submitted to modify (reduce) the number of residential units and to incorporate minor facade changes and is now before the Board for action. PROJECT DESCRIPTION The development proposal consists of the following: Modifying the development proposal to reduce the total number from 451 to 369 dwelling units (20 efficiency units, 179 - 1 bedroom units, 156 - 2 bedroom units, and 14 - 3 bedroom units). This represents the following reductions: 6 efficiency units, 51 - 1 bedroom units, and 25 - 2 bedroom units. These 369 dwelling units will include a minimum of 74 units that will be designated for workforce; P&Z Board Staff Report Alta Congress -Master Development Plan Modification Page 2 ^ Construction of a 4-story garage that will contain 587 parking spaces (574 standard spaces, and 13 handicap accessible spaces). An additional 17 parking spaces (15 standard spaces, 2 handicap accessible space) are provided in surface areas along the north side of the garage and adjacent to the leasing office; and ^ Installation of associated landscaping. MASTER DEVELOPMENT PLAN ANALYSIS COMPLIANCE WITH LAND DEVELOPMENT REGULATIONS Items identified in the Land Development Regulations shall specifically be addressed by the body taking final action on the site and development application/request. FAMILY/WORKFORCE HOUSING: Minimum Family/Workforce Housing: Per LDR Section 4.4.29(B)(4)(a), residential development in the MROC zoning district must include a minimum of 20% workforce units consisting of moderate income workforce units as defined by Article 4.7 Family/Workforce Housing. Based on the revised unit count of 369 dwellings, a minimum of 74 workforce dwellings must be provided. Thus, a condition of approval is attached that the master plan be revised to indicate that a minimum of 74 workforce units will be provided. Per LDR Section 4.7.9(a), all workforce housing units shall be situated within the development so as not to be in less desirable locations than market-rate units in the development and shall, on average, be no less accessible to public amenities, such as open space, as market-rate units. Further, per LDR Section 4.7.9(b), the workforce units must be integrated with the rest of the development and shall be compatible in exterior design, appearance, construction, and quality of materials and contain comparable HVAC systems and appliances with market rate units and these facilities provided as standard features. All workforce housing units shall also contain comparable square footage to the corresponding market-rate unit. The City typically requires that the site plans identify which units will be workforce housing. However, the applicant has indicated that identifying the specific units is problematic in an apartment complex given the nature of the use. Alternatives to individual unit designations have been approved for other projects (Historic Depot Square) and a similar approach is acceptable for this project. This approach will require execution of a workforce housing covenant [LDR Section 4.7.6(a)] and it shall include a monitoring provision that conveys authority to the City of Delray Beach to assure compliance. Ratio: Per LDR Section 4.7.9(c)(i) through (ii), the proportion of one, two, and three bedroom workforce units to total workforce units cannot exceed the corresponding number of one, two, and three bedroom market rate units to total market rate units. Since the market rate units are not identified on the plans, compliance with this requirement must be addressed in the workforce housing covenant. P&Z Board Staff Report Alta Congress -Master Development Plan Modification Page 3 Covenant: Per LDR Section 4.7.6(a), a covenant will need to be recorded that specifies the income level served, rent levels, reporting requirements unit count and type (# of bedrooms) and all other restrictions applicable to the workforce housing units. All leases shall contain language incorporating covenants applicable to the workforce housing unit and reference recorded covenants. A condition of approval is attached that a covenant be submitted for approval by the City Attorney's Office and recorded prior to site plan certification. PERFORMANCE STANDARDS: Pursuant to LDR Section 4.4.29(B)(4)(c)(4), the following Performance Standards are those that are affected by the proposed master plan modification: (a) The development offers variation in design to add interest to the elevations and relief from the building mass. Building elevations incorporate several of the following elements: diversity in window and door shapes and locations; features such as balconies, arches, porches; and design elements such as shutters, window mullions, quoins, decorative tiles, or similar distinguishing features. The architectural style of the building is a modern interpretation with a Bauhaus influence. The buildings have a flat roof with raised parapets with differing heights and include some angled parapets. While the modernistic design includes some diversity in architectural elements such as windows, offsets, paint scheme, and roof changes, the nature of the modernistic approach is centered in clean lines and minimalism. In this approach the buildings have achieved an interesting expression. However, the revised elevations have eliminated the single horizontal elements on the windows. These "muntins" added interest to the building elevations and should be reintroduced. Thus, this performance standard has been met, provided that the building elevations are revised to include the previously approved single horizontal element on the windows. (b) If the building includes a parking garage as an associated structure or within the principal building, the garage elevation provides unified design elements with the main building through the use of similar building materials and color, vertical and horizontal elements, and architectural style. Development of a portion of the ground floor perimeter adjacent to street rights of way is devoted to window displays or floor area for active uses such as retail stores, personal and business service establishments, entertainment, offices, etc., is encouraged. The proposed changes do not affect the public view of the parking garage on the north, east, and west sides of the property since it located interior to the development. The southern elevation of the garage includes some minor changes from the approved elevations that include widening of the two interior vertical elements, elimination of windows, and two new doors. These changes are insignificant and do not affect the original finding that this elevation complies with this performance standard. Thus, this performance standard is not applicable. (c) A number of different unit types, sizes and floor plans are available within the development. Two and three bedroom units are encouraged, as are a combination of multi-level units and flats. In projects consisting of more than twelve (12) dwelling units, the proportion of efficiency or studio type units may not exceed 25% of the total units. P&Z Board Staff Report Alta Congress -Master Development Plan Modification Page 4 There is no maximum percentage established for projects having twelve (12) or fewer units, however, a mix of unit types and sizes is encouraged. The project continues to include a mix of efficiencies (5.4% of total units), one bedroom units, two bedroom units, and three bedroom units with a variety of floor plans. Thus, this performance standard is not applicable since the modification does not impact the variety of units provided with the development. (d) The project design shall create an overall unified architectural character and image by the use of common elements between the building(s), parking lot, and landscaping. Examples of some features that could be incorporated to meet this standard are: freestanding light poles and exterior light fixtures that are decorative and consistent with the architectural treatment of the building(s); pedestrian amenities such as benches, shaded walkways, and decorative pavement treatment, that are similar in forms, colors, materials, or details as the architecture of the building(s); focal points such as public art, water feature/fountain, courtyard or public plazas designed to connect different uses along a continuous pedestrian walkway; or a combination of similar features that meet the intent of this standard. The elimination of the units will increase the size of the courtyards will enhance the leisure activities of the resident's. The elimination of the east/west units in the eastern building will create a large community "commons," which will unify the recreational opportunities within this area. Based on the above, the proposed modifications are consistent with this performance standard. (e) The development provides common areas and/or amenities for residents such as swimming pools, exercise rooms, storage rooms or lockers, covered parking, gardens, courtyards, or similar areas and/or amenities. As noted above, the elimination of the dwelling units will enhance the interior courtyards, which will be an improvement to the recreational opportunities of the development. Based on the above this performance standard has been met. (f) The development promotes pedestrian movements by providing convenient access from the residential units to the public sidewalk system. Pedestrian areas adjacent to the building are enhanced by providing additional sidewalk area at the same level as the abutting public sidewalk. Accessways to parking areas are designed in a manner that minimizes conflicts between vehicles and pedestrians. The public street or streets immediately adjacent to the development are enhanced in a manner that is consistent with the streetscape in the downtown area (i.e., installation of landscape nodes, extension of existing paver block system, installation of approved street lighting, etc.). The development provides a substantial pedestrian system interior to the buildings that provides access to Congress Avenue and parking areas. The residential buildings have access to the parking garage via aerial bridges. Based on the above, the proposed development complies with this performance standard. P&Z Board Staff Report Alta Congress -Master Development Plan Modification Page 5 (g) The development provides opportunities to share parking, accessways, driveways, etc., with adjoining properties, or provides additional parking spaces that may be used by the public. This performance standard is not applicable to the proposed changes. (h) Projects fronting on Atlantic Avenue, NW/SW 5th Avenue, N.E. 1st Street, or S.E. 1st Street contain nonresidential uses on the ground floor. At least seventy-five percent (75%) of the surface area of the front street wall(s) at the ground floor of each such building is devoted to display windows and to entrances to commercial uses from outside the building. This performance standard is not applicable. (i) The landscape plan for the development preserves and incorporates existing native vegetation (where available), provides new landscaping that is in excess of minimum standards (in height and quantity), demonstrates innovative use of plant material, improves site design, provides useable open space or public plazas, and maximizes available areas for pedestrian interaction. If necessary to achieve this standard, the project may exceed the maximum setback area on the ground floor. The proposed modifications further enhance the public plazas and are consistent with the previous finding that the proposed development is consistent with this performance standard. Based on the above, this standard has been met. LDR Section 4.4.29(G)(MROC -Development Regulations): This section establishes minimum standards for development within the MROC Zone District. Waivers and internal adjustments to these standards may be approved by the Planning and Zoning Board concurrent and as a part of the approval of a Master Development Plan (MDP). When considering a Master Development Plan (MDP) in any Mixed Residential, Office, and Commercial (MROC) development proposal, the Planning and Zoning Board may attach suitable conditions, safeguards, and stipulations to address the specific characteristics of the site and potential impacts of the proposed development. Minimum Floor Area: The following table indicates that the proposal complies with LDR Section 4.4.29(G)(2)(b) and 4.3.4(K)[Minimum residential floor area]: Standard Provided Efficienc 400 sq. ft. 566 sq. ft. 1 Bedroom Units 600 sq. ft. 723 sq. ft. 2 Bedroom Units 900 sq. ft. 1,110 sq. ft. 3 Bedroom Units 1,250 sq. ft. 1,446 sq. ft. Lot Coverage & Open Space: Pursuant to LDR Section 4.4.29(G)(2)(c), lot coverage by building, pavement and hardscape site improvements shall not exceed 75% of the MROC development of the area of any individual lot. The P&Z Board Staff Report Alta Congress -Master Development Plan Modification Page 6 proposed development complies with the 75% maximum lot coverage requirement since 61.08% lot coverage is proposed. Further, the land area, equal to at least 25% of the total MROC district including the perimeter landscaped boundary, shall be in open space. Landscape areas required to meet internal parking lot design requirements, water bodies and paved areas shall not be included in the 25% open space requirement. The proposed development complies with the 25% minimum open space threshold since 38.92% open space is provided. Perimeter Development: Per LDR Section 4.4.29(G)(2)(d), a landscape buffer shall be provided around each MROC development. Parking, structures, perimeter roadways, and other paving is not permitted within this buffer except for bicycle paths, sidewalks, jogging trails, and driveways or access streets which provide ingress and egress for traffic and which are generally perpendicular to the buffer. The width of the buffer shall be the smaller distance of either the dimensions below or 10% of the average depth of the property; however, in no case shall the landscape area be a width of less than ten (10) feet. It is noted that the proposed development has not met all of the perimeter landscape buffer requirements. The following table identifies the required and proposed setbacks for the proposed development: Standard Average Required Provided Depth of Landscape Property Buffer • When adjacent to a collector or arterial street (east) 30 feet 836 feet 30 feet 41' 2" • When adjacent to but separated from residentially zoned 25 feet 836 feet 25 feet 25 feet property by a street, waterway, alley, railway or park. (West) • When abutting non residentially zoned property (south) 25 feet 486 feet 25 feet 0' - 20'* A waiver was granted with the initial development approval to reduce the perimeter landscape buffer along the south side of the property. Height: Pursuant to LDR Section 4.4.29(G)(2)(f)(1), buildings shall be allowed to a maximum height of eighty- five feet (85') on parcels of three (3) acres or more. The building elevation indicates that the height of the building will be 38 feet. However, the height of the building must be based on "grade" as defined in LDR Section 4.3.4(J) rather than finished floor and revision of the plans is attached as a condition of approval noted in exhibit "A." P&Z Board Staff Report Alta Congress -Master Development Plan Modification Page 7 Building Setbacks: The following table indicates that the proposal complies with LDR Section 4.4.29(G)(2)(g) as it pertains to the MROC zoning district: Standard Provided Minimum Building Setbacks Front (Congress Avenue) 30' 41' 2"* Side (South) 25' 42' Side (North) 25' 42' Rear (West) 25' 55' 11" Pursuant to LDR Section 4.4.29(G)(2)(g)(1), to the greatest extent possible buildings shall be placed at the minimum setback (30 feet). The proposed front setback along Congress Avenue has been increased to accommodate utilities such as a water main and drainage pipe. It is noted that the proposed modification comes closer to meeting the 30-foot setback by reducing the front setback from 49 feet 2 inches to 41 feet 2 inches. Parking Requirements: Pursuant to LDR Section 4.4.29(H)(3), the parking required for the multiple family project is 581 parking spaces. The development complies with this minimum requirement since 604 parking spaces are provided within the garage and within the surface parking areas. The site plan incorrectly notes the required parking as 582 spaces (rounding up instead of down). Thus, a condition of approval is attached that the parking table be revised to correctly note the required number of parking spaces. Other Items: Congress Avenue Right Turn Lane: As noted in the background section of this report, a condition of approval for the Alta Congress development was to install a turn lane along Congress Avenue. The turn lane is not noted on the plans. Thus, a condition of approval in exhibit "A" is attached that a turn lane is provided along Congress Avenue and the trees root pruned and relocated. REQUIRED FINDINGS LDR Section 2.4.5(F)(5) (Master Development Plan Findings): REQUIRED FINDINGS (Chapter 3): Pursuant to Section 3.1.1 (Required Findings), prior to approval of development applications, certain findings must be made in a form which is part of the official record. This may be achieved through information on the application, written materials submitted by the applicant, the staff report, or minutes. Findings shall be made by the body which has the authority to approve or deny the development application. These findings relate to the Future Land Use Map, Concurrency, Comprehensive Plan Consistency, and Compliance with the Land Development Regulations. P&Z Board Staff Report Alta Congress -Master Development Plan Modification Page 8 The residential use is an allowed use in the MROC (Mixed Residential Office and Commercial) zoning district and is controlled via a Master Development Plan. The reduction in the number of units interior to the development will have no significant change on the exterior appearance of the project. The reduced number of units will result in a lower impact on public services such as traffic concurrency and solid waste. Further, the reduction in units will contribute to enhanced recreational opportunities with the development. Positive findings relating to Future Land Use Map, and Comprehensive Plan Consistency were made with the previous approval of the Master Development Plan. Since, the development concept for this modification has not changed from that previously approved, we can reaffirm these original findings. The change in intensity and minor site plan modifications also require new findings to be made with respect to concurrency and Compliance with the Land Development Regulations. These items are discussed below: Concurrence: As described below, a positive finding of concurrency can be made as it relates to streets and traffic, drainage, parks and recreation, open space, and solid waste. Streets and Traffic: The approved Master Development Plan for Alta Congress generated a total of 3,325 average daily trips and 295 p.m. peak hour trips. The project as approved met the Traffic Performance Standards of Palm Beach County. The proposed modification reduces the average daily trips to 2,583 and 229 p.m. peak hour trips. Traffic concurrency with respect to site development proposals must be addressed with review of the site development plan. A copy of the Traffic Impact Analysis for the proposed project has been sent to Palm Beach County for review. Site Plan approval will be contingent upon the provision of a confirmation letter from Palm Beach County Traffic Division stating that the proposal complies with the Palm Beach County Traffic Performance Standards Ordinance. Based upon submittal of the above, positive findings with respect to this level of service standard can be made. It is also noted that the Master Plan was approved subject to the installation of a right turn lane on Congress Avenue. This improvement must be installed prior to issuance of the first Certificate of Occupancy. Development plans for this turn lane are to be submitted to the City with the site development plan. Solid Waste: Trash generated each year by the approved development was 234.52 tons of solid waste per year. The proposed modification will reduce this number to 191.88 tons of solid waste per year. The solid waste generated by this proposal can be accommodated by existing landfill facilities, a positive finding with respect to this level of service standard can be made. Compliance With the Land Development Regulations: As described under the Master Development Plan Modification Analysis Section of this report, a positive finding of compliance with the LDR's can be made and conditions of approval are addressed. Further, as noted in the background section of this report there are outstanding technical items and conditions of approval that need to be addressed as part of the site plan process. These conditions are attached to this staff report as Exhibit "A." P&Z Board Staff Report Alta Congress -Master Development Plan Modification Page 9 REVIEW BY OTHERS The development proposal is not within a geographical area requiring review by the Community Redevelopment Agency (CRA) or the Downtown Development Authority (DDA). Courtesy Notices: A special courtesy notice was provided to the following homeowners associations/civic groups: • Neighborhood Advisory Council Progressive Residents of Delray • Homewood Park/Golfview Estates HOA Letters of objection and support, if any, will be presented at the Planning and Zoning Board meeting. ASSESSMENT AND CONCLUSION The application consists of reducing the number of dwelling units from 451 to 369 and minor elevation changes. The proposed changes will have an insignificant impact on the exterior aesthetics of the development. The elimination of the units interior to the project will enhance the recreational opportunities of the resident's by increasing the size of the courtyards. The proposed development is consistent with the policies of the Comprehensive Plan and the Land Development Regulations. Also, a positive finding can be made with respect to LDR Section 2.4.5(G)(5) (Findings), as the proposed modification does not significantly affect surrounding properties in terms of their property values since there will be no appreciable change to the aesthetics of the project. The provision of the workforce housing units will assist in maintaining a balanced workforce that resides within the City. Further, the proximity of the development to the train depot will encourage residents to utilize the mass transit system. ALTERNATIVE ACTIONS A. Postpone with direction. B. Approve the Master Development Plan modification for Alta Congress, by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof meets criteria set forth in Section 2.4.5(G)(5), Section 4.4.29(F)(1), and Chapter 3 (Performance Standards) of the Land Development regulations, subject to conditions. C. Deny the Master Development Plan modification for Alta Congress, by adopting the findings of fact and law contained in the staff report, and finding that the request does not meet criteria set forth in Section 2.4.5(G)(5), Section 4.4.29(F)(1), and Chapter 3 (Performance Standards) of the Land Development regulations. P&Z Board Staff Report Alta Congress -Master Development Plan Modification Page 10 STAFF RECOMMENDATION By separate motion: Master Development Plan Modification: Approve the Master Development Plan modification for Alta Congress, by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof meets criteria set forth in Section 2.4.5(G)(5), Section 4.4.29(F)(1), and Chapter 3 (Performance Standards) of the Land Development regulations, subject to following conditions. 1. Approval of a site plan by SPRAB that is in general conformance to the submitted sketch plan and addresses the "Exhibit "A" -Technical Items" attached in the staff report; 2. That the master plan be revised to include a note that a minimum of 74 workforce units will be provided. 3. That the applicant enters a workforce housing covenant to be approved by the City Attorney [LDR Section 4.7.6(a)] and that it include a monitoring provision that conveys authority to the City of Delray Beach. A recorded copy of this agreement must be submitted to the Planning and Zoning Department prior to site plan certification. 4. That the building elevations are revised to include the previously approved single horizontal element on the windows. 5. That the parking table be revised to correctly note the required number (581) of parking spaces. 6. That a finding of traffic concurrency be submitted prior to certification of the site plan. Attachments: • Proposed Master Development Plan • Approved Master Development Plan • Survey P&Z Board Staff Report Alta Congress -Master Development Plan Modification Page 11 EXHIBIT "A" TECHNICAL ITEMS/REMAINING SITE PLAN CONDITIONS OF APPROVAL 1. Address all Site Plan and Engineering Technical Items and submit four (4) copies of the revised plans. 2. That a covenant for the workforce units be submitted for approval by the City Attorney's Office and recorded prior to certification of the site plan. 3. Per LDR Section 4.3.3(00), generators are required for all interior corridor lighting, exit signs and at least one public elevator. 4. Per LDR Section 4.3.3(000), a generator is required for the clubroom. 5. That the dimensions of the drive aisles within the garage be provided on the plans (24-foot minimum) prior to certification of the site plan. 6. The ventilation and screening method of the garage exhaust system, if required, be provided on the building elevations prior to certification of the site plan. 7. The conflicts between the landscaping and utilities will need to be resolved prior to certification of the site plan. 8. Provide bus shelter easement on plat and install bus shelter. City will provide detail on bus shelter. Location of bus shelter noted. Bus shelter detail needs to be finalized in order for this comment to be removed. 9. Extend cross sections into adjacent properties to indicate how elevations will match existing adjacent elevations. In addition, extend cross section D-D into Congress Avenue to indicate how sidewalk will tie into proposed improvements. 10. Provide copy of certified boundary and topographic survey meeting requirements of LDR Section 2.4.3 (A), (B) and (D). Existing grades should be taken approximately 10-feet outside all subject property lines for all adjacent properties. Survey shall provide sufficient information to determine historical drainage pattern. Please provide additional grades on south portion of site at least 10- feet outside property line. 11. Provide separate tap for potable water and fire service on north side of property. 12. Exclusive water and sewer easement needs to be at a minimum 20-foot wide. Adjust 15-foot water and sewer easement to at least 20-feet wide. 13. Indicate typical configuration and location of proposed sewer services with cleanouts. A cleanout will be required on the existing sewer service at a maximum distance of 18-inches from the right- of-way line and/or easement line. Provide cleanout a maximum distance of 18-inches from the easement line on non-paved surfaces. 14. At 20-foot water and sewer easement realign water main and sanitary sewer line to maintain 6- feet from edge of easement and 6-feet separation between each. 15. Submit two sets of revised plans with next submittal to the City of Delray Beach Engineering Department, 434 S Swinton Ave., Delray Beach, FL 33444. In addition, provide a detailed description of how each of these comments has been addressed and reference sheet number for accurate review. 16. Final Engineering comments will be generated after submittal of final engineering plans and must be satisfied prior to obtaining a building permit. 17. That the site plan be revised to indicate that a minimum of 74 workforce units will be provided. 18. That a turn lane is constructed along Congress Avenue and that the existing trees are root pruned and relocated within Congress Park. 19. That the height of the building be based on "grade" as defined in LDR Section 4.3.4(J). 20. That the photometric plan be revised to meet code City code in the outdoor vehicular areas and the illumination levels in the garage meet the I.E.S standards. 21. That the electric meters be enclosed. P&Z Board Staff Report Alta Congress -Master Development Plan Modification Page 12 22. That the additional trash chutes and access points be provided. 23. Address all Landscape Technical Items and submit three (3) copies of the revised plans. 24. That the existing trees within the deceleration lane are root pruned and relocated in the Congress Park. 25. That the applicant submit written verification from FPL that prohibits the screening of the transformers along Congress Avenue. If verification is not received, transformers are to be screened from the right-of-way. 26. That the conflicts between the trees and emergency lane be resolved. 27. That the trees within the FPL easements are relocated. 28. That all air conditioning units are screened. 29. That the parapets are adjusted to screen all mechanical equipment. 30. That all proposed or future mechanical equipment on the roof of the garage is screened. HIGH POINT COURT E. PRIVATE o PRIVATE HIGH POINT iERR. E. P,~~JE T BOULEVARD Np0 ~~ w ~~ ~ J m P Z 0 Ns~~ O = A T L A DR. ANORES WA Y oa N _ W VI D S T . ~ a ~ Z O N U a ~ c~ z O F A C . . . WAY x 3 5T. D! Q w J o` ~ > D VI CLE 0] HIGH LAND ~ o w AVEN UE 0 r z D OMMERCE N ~ a O o o w O ~ ~ ~ ~ ~ ~ ~ 3 ¢ o v Z W ~ INVERNE SS AVE. W o O Q O K S ~j U ~ ~ ~ W ~ m ~ x 0 O ~ Q PAR CIRCLE Z Q -_ i~ N J ~' SUBJECT ALTA CONGRESS ~ i PROPERTY t PLANNING AND ZONING 0 LOCATION MAP ~~- DEPARTMENT -- D/G/TAL BASE MAP SYSTEM -- MAP REF: S:\Planning & Zoning\DBMS\File-Cob\Z-LM 1001-1500\LM1042~41ta Congress MEMORANDUM TO: Mayor and City Commissioners FROM: Scott Pape, AICP, FCP, Senior Planner Paul Dorling, AICP, Director of Planning and Zoning THROUGH: City Manager DATE: June 15, 2011 SUBJECT: AGENDA ITEM 8.B. -REGULAR COMMISSION MEETING OF .TUNE 21, 2011 LANDSCAPE MAINTENANCE AGREEMENT/ KCMCL PINEAPPLE GROVE LTD. ITEM BEFORE COMMISSION The action requested of the City Commission is acceptance of a landscape maintenance and hold harmless agreement associated with the Hyatt Place project located at the northwest corner of Pineapple Grove Way and NE 1st Street. BACKGROUND The development proposal consists of the south 38.25 feet of Lots 5, 6, 7, 8, the south 34.75 feet of Lots 13, 14, 15, and 16 of Block 75 of the Town of Linton Plat and contains 1.658 acres. At its meeting of April 6, 2011, the Historic Preservation Board approved a Class IV site plan modification for Hyatt Place. This project consists of a 134-room hotel along Pineapple Grove Way that contains 2,100 square feet of retail, 1,666 square feet of lounge, meeting rooms, cafe, pool, and gym, two-story parking facility, along with a 45-space parking lot along NE 1st Avenue as part of Phase L The project also includes construction of a 15,918 square feet two-story office building along NE 1st Avenue as part of Phase II. A condition of approval included a requirement to submit a landscape maintenance and hold-harmless agreement for the landscaping proposed within the adjacent rights-of- way for Pineapple Grove Way (NE 2nd Avenue), NE 1st Street, and NE 1st Avenue. The agreement has been reviewed and approved by the City Attorney's Office for legal form and sufficiency and is now before the City Commission for approval. RECOMMENDATION Accept the landscape maintenance and hold harmless agreement associated with the Hyatt Place project for landscaping within the adjacent rights-of-way for Pineapple Grove Way (NE 2nd Avenue), NE 1st Street, and NE 1st Avenue. Prepared lay: RETURN: R. Brian Shutt, Esq. City Attarney's G7ffice 2(~~ N.W. 1st Avenue Delray Beach, Er., 33444 LAl*IDSCAI~'E MAINTENAPwICE A+Gi~EEMEN"I"' Ott THI AGREEMEI`~T is made this day of ~ ~~, 2~6- by and between the City of Delray Beach., Florida ("City") and, t'I~~..C.. -~ ~ ~ ~ ° ~ ~ ~{"Owner"'~. WITNESSETH: WI~EREAS, an order to pravide landscaping in the City, the City Caax~missian has adapted ardinances setting Earth requirements fir landsoaping; and, W~EdEREAS, in ardor to camply with the City's landscape Ordinance the Owner shall be allowed to install landscaping zrlaterial in the right-af=way af,~'~ ~ ~=~, pursuant to the terms of tl~as Agreement; and, '~ ~ ~~ ~"` " WHEREAS, this Agreement shall in na way be deemed an actual, eonstructive ar any ether type of abandonment by the City of the public right-of way of "~ +"' ,~"iLl`/~~~ and, ~ ~ ~ ~'`~,- WHEREAS, the City reserves the right at any time to utili~;e the right-of way for rght~af way purposes; and, WHEREAS, the public will benefit Pram the beautrt"ication of areas along its streets by the additian of landscaping; and, WHEREAS, this Agreement is net effective unless the Owner has submitted a landscape plan and it has been appraved by the City; and, WHEREAS, the parties berate mutually recognise the need far entering into an Agreement designatiTag and setting forth the responsibilities afeach party. NOW, THEREFORE, in consideration of the mutual covenants and conditions contained in this Agreement, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereby agree as follows: 1. The Parties hereby represent and warrant that the above recitals are accurate and correct and hereby incorporate them in this Agreement. 2. The Owner shall perform all conditions as required by the City or any Board of the City in conjunction with the site plan and review process for the required installation and maintenance of the landscaping. The subject property, further described in Exhibit "A", shall have an approved landscape plan, Exhibit "B", attached hereto and incorporated herein by reference. 3. The Owner shall be responsible for purchasing and installing all plant, tree, hedge or grass material or any other material as required by the Owner's approved landscaping plan. Owner shall fiirther be responsible for obtaining all permits and approvals from all applicable governmental agencies. 4. The Owner hereby agrees to maintain the plantings in the right-of--way in accordance with the City's Ordinances and the terms and conditions of this Agreement. The Owner shall be responsible to maintain, which means the proper watering and proper fertilization of all plants and keeping them as free as practicable from disease and harmful insects; to properly mulch the plant beds; to keep the premises free of weeds; to mow andlar cut the grass to a proper height; to properly prune all plants which includes (1) removing dead or diseased parts of plants, or (2) pruning such parts thereof which present a visual hazard for those using the roadway. To maintain also means removing or replacing dead or diseased plants in their entirety, or removing or replacing those that fall below original project standards. All plants removed for whatever reason shall be replaced 6y plants of the same grade, not necessarily the same plant but of acceptable quality to the City and the Owner, as specified in the original plans and specifications and of a size comparable to those existing at the time of replacement. To maintain also means to keep litter removed from the landscaped areas in the right-of--way. Plants shall be those items which would be scientifically classified as plants and include but are not limited to trees, grass, or shrubs. 2 5. If at any time aftex the execution of this Agreement by the Owner, it shall come to the attention of the City that the landscaping is not properly maintained pursuant to the terms and conditions of this Agreement then the City may at its option issue a written notice that a deficiency or deficiencies exist, by sending a certified letter to the Owner. Thereafter, the Owner shall have a period of thirty calendar days within which to correct the cited deficiencies. If said def ciencies are not corrected within this time period, the City may at its option, proceed as follows: {a) Maintain the landscaping or part thereof, and invoice the Owner for expenses incurred. (b) Terminate this Agreement and require the Owner to comply with the City's current Ordinance on landscaping. (c) Cite the Owner for failure to comply with the City's Ordinances. 6. At all times hereto, the Owner shall awn and maintain alI landscaping installed in the right-of--way by the Owner. '7. If for any reason the City decides that it needs the right-of way of or far any other public purpose this Agreement shall terminate, and the Owner shall be required to comply with the City's current Code of Ordinances regarding landscape requirements. Owner shall remove all landscaping from the right-off way within 20 days of such notification, if so requested by the City. 8. The Owner shall indemnify and hold harmless the City, its off cers and employees from all suits, actions, claims and liability arising solely out of the Owner's installation and maintenance of landscaping in the City's right-of--way. 9. This Agreement shall constitute the entire Agreement of the parties with respect to the subject matter of it. 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. 10. This Agreement may not be assigned or transferred by the Owner, in whole or part without the written consent of the City. 11. This Agreement shall be binding on the Parties, their respective heirs, successors, legal representatives, and permitted assigns and shall be recorded in the Public Records of Palm Beach County and shall run with the land. 3 12. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed on their behalf this day of , 200_. ATTEST: City Clerk Approved as to legal form and sufficiency: City Attorney WITNESSES: (P ' t or Type Name) b r (Print or Type Na~ } STATE OF COUNTY OF `°PC~ CITY OF DELRAY BEACH, FLORIDA By: Mayor (OWNS _ ~. . °' ~i ~~ (Print ox Type Name} ~ ~~~~- The foregoing instrurxrent was acknowledged before me this ~ day of 20Q ~ , by , as (name of officer or agent, title of officer or agent, of _ Ic~.M~tm. ~~ __ Cit. {name of corporation acknowledging), a (state or place of incorporation) corporation, on behalf of the corporation. e She is pers na ly wn to me or has produced (type of identification s identification. S Signature of ersan ing Acknowledgment Name Typed, Printe or Stamped 4 ~~hibi~ ~ LANl3 t3~SCRlFTlANt pQfCei ~: Au of Lots 14, 15 and 1S, Block. 75, together with the Southerly 34.75 feet of Lot 13, Block 75, the City of f]elrpy Beach; f/k/o/ the Town of Linton, according to the map of plot thereof os recorded in Flat Book 1, Poge 3, Public Records of Palm- $edch County, Florida, LES5 ANp EXCEPT that po~tian of Lot 13 conveyed by Quit Claim f7eed recorded in Cfficiof Records Book 16551, Page 1379, Public Records of Palm Oeach County; f"fdrida. Parcel 2: The Soulh 38 feet and 3 inches of Lat 5 and alt of C.at 6, Block 75, the City of Celrgy Beach, f/k/a the Town of Linton, according to the mqp pr plat thereof as recorded in. Plot Book 1, Page 3, Public Records of Palm Beach County, Florida. Parcel 3: fhe tNest 80 feet of Lots 7 and 8. Black 75, the City of peirpy Beach, F/k/a the Town of Linton, according to .the map or plat thereof- as recorded in Plat Hoak 7, Page 3, Public Records of Polm Beach County, Fforida. and lots 7 qnd 8, less the West SQ feet, Block 75, the City aF f7elray $eoch, F/k/o the Town of Linton, ncaofding to the map or ptgt thereoF as retarded 'in Plat 6pbk 1, Poge 3; Public 1Zecords of Polm Reach County, Florida. Said lends lying in tkie City of pelrpy Beach, Palm Beach. County, Ftor"sdo; eAntaining 7f,B22 square feet {~.64BB acr~:s} more or. less. -... ._ •a!wa eur~ej~uy RdR~eP~7 ~ 6uluueld- ~4n [ ~mw wwwa r R ~ E T" ~ ~'~~~~:~ .m, 'auk selElooss~! 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I"~'"EM; Consideration of COA 2011-080-SPM-HPB-CL4 Which Incorporates A Class IV Site Plan Modification, Landscape Plan, And Architectural Elevations For Hyatt Place, Located On The North Side Of NE 1St Street and Extends From Pineapple Grove Way To NE 1St Avenue. GENERAL ®ATA: OwnerlApplicant ............. KCMCL Pineapple Grove Ltd. Location .......................... North side of NE 1St Street and extends From Pineapple Grove Way To NE 1St Avenue Property Size .................. 1.658 acres Future Land Use Map..... CC (Commercial Core) & OMU (Other Mixed Use} Current Zoning ............... CBD (Central Business District) & OSSHAD (Old School Square Historic Arts District) Adjacent Zoning....North: OSSHAD &CBD East: CBD South: CBD & OSSHAD West: OSSHAD Existing Land Use..,....... Vacant Proposed Land Use........ Cons#ruction of a 134-room hotel with 2,100 sq. ft of retail, 1 x,918 sq. ft. of office, and 1,666 sq. ft. of lounge/restaurant. Water Service ................. Existing $ inch main along NE 1St Street. Sewer Service ................ Existing 8 inch main along the alley. ~~ ~~ ~~~ ............. ~~~~t' 1' tc AV'~i ~J N V,A. ITEM B1=FORE THE BOARD The action before the Board is approval of COA 2011-080-SPM-HPB-CL4, which incorporates the following aspects of the development proposal for Hyatt Place, pursuant to LDR Section 2.4.5(F): Class IV Site Plan Modification ^ Landscape Plan ^ Architectural Elevations ^ Waiver Requests The subject property is located on the north side of NE 15~ Street, and extends from Pineapple Grove Way {NE 2n~ Avenue} to NE 1St Avenue. BACKGROUNI] The development proposal consists of the south 38.25 feet of Lots 5, 6, 7, $, the south 34.75 feet of Lots 13, 14, 15, and 16 of Block 75 of the Town of Linton Plat and contains 1.658 acres. The eastern half of the development (Lots 13 through 16) is located in the CBD (Central Business District) zoning district. The western half of the development (Lots 5 through 8} is located in the OSSHAD (Old School Square Historic Arts District} and was {in-part) the former site of Neil's Market. ]t is noted that the south 34.75 feet of Lot 6 and all of Lots 7 and 8 are subject to the permitted uses and development regulations of the CBD zoning district as it overlays this portion of the OSSHAD. At its meeting of January 4, 2006, the Historic Preservation Board approved a Class V site plan for Pineapple Grove Limited. That project consisted of 8 townhouses, 5,764 square feet of office, 4,868 square feet of restaurant, 5,385 square feet of retail floor area, and 30 condominium units. The project was never constructed. At its meeting of August 19, 2009, the Historic Preservation Board approved a Class IV site plan modification. This development proposal consisted of 119 hotel rooms, 2,322 square feet of retail, 4,356 square feet of restaurant, 33,350 square feet of office, and a single family residence. The approva! included a waiver firom the sight visibility and window transparency requirements, and was attached with the following conditions of approval: 1. Address the following Site Plan Technical Items and submit three (4} copies of the revised plans: - That a plat application be submitted prior to certificakion of the sike plan and that the recorded plat be submitted prior to issuance of a building permit. - That the door from the upper level garage be locked and monitored at all times. - That a traffic statement be submitted far the revised development proposal prior to certification of the site plan. 2. That the site plan approval is contingent upon City Commission approva! of the requested fee in-lieu of parking. 3. That a minimum of 179 feet of building frontage at a minimum of 15 feet is provided for the upper levels of the hotel along Pineapple Grove Way. 4. That the plans are revised to correctly note the hotel building frontage along Pineapple Grove Way as 255.75 feet. 5. That a valet attendant be provided on-site 24 hours a day. 6. That the photome#ric plan be revised to comply with the illumination levels of LDR Section 4.6.8, provide cut sheet details of all wall mounted light fixtures, and include the building entrance illumination levels. 7. That the applicant contributes one-quarter of the cost associated with the improvement to the intersection of NR 1St Street and NE 1St Avenue prior to certification of the site plan. Historic Preservation Board Meeting of April 6, 2011 Hyatt Place COA 2011-080-SPM-HPB-CL4 8. That the right-of-way deeds be submitted and recorded or provided with the plat prior to certification of the site plan. 9. That a finding of concurrency be submitted from the School District for the residence. 10. That the payment of the parks and recreation impact of $60,000 be submitted prior to issuance of a building permit. Landscape Plan: 1. That a landscape maintenance and hold harmless agreement for landscaping within adjacent rights- of-way be recorded prior to certification of the site plan. 2. That cross section of the landscape beds be provided that identify how they will be drained. elevations: At its meeting of September 2, 2009, the HPB approved the building elevations subject to the following conditions of approval: 1. That na less than 4 recess panels with grilles and muntins be provided on the north side of the hotel. 2. That the hotel elevations be revised to replace the Hadley Red with a red that is one shade lighter. 3. That details of the rooftop equipment within the hotel tower are provided and watermarked on the building elevations that justify the increased parapet height. 4. That arched window feature on the single family residence be eliminated. The site plan has not been certified since these conditions of approval have not been addressed. The approval of the Pineapple Grove Limited project is valid until August 19, 2011. The action now before the Board is approval of a site plan, landscape plan, architectural elevations, and waivers for a revised project. PROJI=CT DESCRIPTION The development proposa! incorporates the following: ^ Construction of a 134-room hotel along Pineapple Grove Way that contains 2,100 square feet of retail, 1,666 square feet of lounge, meeting rooms, cafe, pool, and gym, two-story parking facility, along with a 45-space parking lot along NE 15t Avenue as part of Phase I; ^ Construction of a 15,918 square feet two-story office building as part of phase II. The development proposal includes waivers to the fallowing sections of the Land Development Regulations: 1. A waiver to LDR Section 4.4.13(F)(4}(c}, which requires a minimum and maximum building setback and frontages for the phase I parking lot at the northeast corner of NE 1St Street and NE 1St Avenue. 2. A waiver to LDR Section 4.4.13(F)(4)(a){2), which requires a minimum front setback of 5 feet for buildings with nonresidential uses on the ground floor in the CBD zoning district. 3. A waiver to LDR Section 4.6.9{D}(3)(c)(2), which requires a stacking distance of 100 feet is required in advance of all security gates. 4. A waiver to LDR Section 4.6.9(D)(4)(c), which requires a 6-foot by 24-foot maneuvering area for dead end parking tiers. 2122 Historic Preservation Board Meeting of April 6, 2011 Hvatt Place COA 2411-080-SPM-HPB-CL4 5. A waiver to LDR Section 4.6.16(H)(3)(j}, which requires that each row of parking spaces be terminated by landscape islands. :SITE PLAN ANALYSIS COMPLIANCE liVITH THE LAND DEVELOPMENT REGULATIONS: Items identified in the Land Development Regulations shall specifically be addressed by the body taking final action on the site and development applicationlrequest. Building Setbacks: The following tables indicate that the proposal complies with LDR Section 4.4.13(F}(4) as it pertains to the Central Business District (CBD} zoning district, except for those portions of the buildings as noted in the furthest column to the right: Hofel Required Compliance with Roach c Burlcling - ; ° /n Building r Requrred Buiiciing r Proposed [ 13uiiding ; LDR Requirements? fing BUii Height F ontage Setback F ontage , Frontage Side (min/max) at_' or setback Setback Yes` No 70% 177.98' Pineapple Ground min.190% 10' max. minJ228. 221' Grove Floor to max. 83' max. Way ' 25 Remaining 15' min. 25' min. 25' 254.25' length Building - F'ronta e g 25' to ° 70% min. 15 min. 177.98' 178.1' 48' min. 70% 84' F ~~ 1' Ground min./90% 10` max. min./108' 102' Street Floor fo max. max. 120;_ 25' Remaining 15' min 12' min. 18' Buildin length . g Frontage t° 70% min. 15' min. 84' min. 84' 148' Side Interior 0' 4" (north) Rear 10' 10' (alley) 3122 Historic Preservation Board Meeting of April D, 2D11 Hvatt Place COA 2011-080-SPM-HPB-CL4 Allowable Upper Level. Floor-Area Building Level Allowable Ground Maximum Floor Area (70%) Proposed Floor Area Floor Area . , --- Hotel Third 31,007 sq.ft. 21,704.9 sq.ft. 21,654 sq.ft. (69.8%) Floor Fourth 31,007 sq.ft. 21,704.9 sq.ft. 20,930 sq.ft. (67.5%) Floor Central Business District [CBD) District Regulatior~s: Parking Requirements: As noted in the Pro}ect Description section of this report, the development will be constructed in two phases. The first phase includes the hotel and surface parking lot. In the second phase, the surface parking lot will be replaced with the two-story office building. Given the nature of the development proposal and the potential for an extended period before implementation of phase II, the parking analysis includes the two phases. Phase I: Per LDR Section 4.4.13(6){1)(a), 1 parking space per 300 square feet of tots! floor area is required for all nonresidential uses except restaurants. Per LDR Section 4.4.13(6)(1}(d), the required parking for restaurants is 6 spaces per 1,000 sq. ft. of fatal floor area. Per LDR Section 4122 '~ The phase I improvements (parking lot} do not comply with the frontage and setback requirements of LDR Section 4.4.13(1")(4}. A waiver request has been submitted from these regulations and is discussed under the Waiver section of this report. Historic Preservation Board Meeting of April 6, 2011 Hyatt Place COA 2011-080-SPM-HPB-CL4 4.4.13(G)(1)(e), the required parking for the hotel is 0.7 parking spaces per guest room plus one space per 300 square feet for the meeting rooms. The phase I portion of the proposed development consists of the 134-room hotel, 1,500 square feet of meeting rooms, 2,100 square feet of retail, and 1,666 square feet of restaurantllounge. Based on this development mix, the applicant has utilized an itemized parking rate for this portion of the development, rather than utilize the shared parking calculation table. The required parking for Phase I is 116 parking spaces based on this parking generation. The proposed development of Phase I complies with this parking requirement with 124 parking spaces provided (57 hotel garage, 12 parallel alley spaces, 45 surface spaces, and 10 parallel on-street spaces). Phase Il: The phase ll portion of the development includes the construction of the 15,918 square foot two- story office building along the west side of the alley. The development proposal for phase Il introduces the utilization of the share parking table. Including the net office floor area in this development mix, the shared parking calculation for phase II is 142 parking spaces as indicated in the shared parking table provided below. LDR Section 4.6.9(C}(8)(a) -Shared Parkin allows for buildings or a combination of buildings on a unified site to utilize the shared parking calculations which affords reduced parking requirements by accommodating varied peak utilization periods for different uses (see below). Weekday W ec ke n d -.Night i7ay Evening -Day ..Evening lase =_ Rcyuired= Midnight fa 6 Ah1 9 Ap~3 to 4 PM fi PM to hlldnight 9 AM to 4 PM 6 PM=to Midnight Residential :Uo~!, ii 6U'% 0 nns•; ;l BUS. U uU°6 0 OtTce 53.Q6 «,~ 2.b53 4Q0'35 53.46 1U."!° 5.3u6 11155 5.3Q6 5°k 2.653 OammerclallRetail 7 5% 0.35 7U°ro 4.S °Qw 6.3 10U%' 7 7~Ji~ 4.9 Mofel 98.8 yU% 79A4 SU95 79.04 100:0 98,6 R05t 79.04 in!;'iu 96.8 Restaurant 9.995 10^•i; 0.9996 5055 4.998 1'.)0;'0 9.996 505ti 4.998 1fi~j;m 9,996 Entertai nmentlRecre aGo nal (theatres, bowling alleys, etc) 10% 0 1n5•~ U 104"€ l7 (i6=ro D 1 nU"m 0 Reserved Parking 1110"~ U iG05~ Q 1UU'w 0 tUG'.t 0 100'15. 0 Other lUQSu 0 1U09o 0 in+7"m 0 1176"h. 0 - iD0% l7 70TAL5 769 83 142 920 96 116 Per LDR Section 4.6.9{C}(8}(b), administrative relief may be granted to allow double counting of parking spaces for uses within a development that have separate hours of operation. The Planning and Zoning Department has determined that the restaurantllounge will have separate hours from the office uses. Therefore, a reduction of 10 parking spaces can be taken. Based on this reduction, a total of 132 parking spaces are required. The development provides a tots! of 132 parking spaces via a combination of 57 parking spaces within the hotel, 30 parking spaces within the office, 5 parallel parking spaces within the alley, 10 parallel parking space credit within the adjacent rights-of~way [per LDR Section 4.6.9(6){3)(e)], and a credit of 30 spaces for property that was owned by the applicant on the south side of NE 15t Street, which has been acquired by the City for use as a public parking facility per LDR Section 4.6.9(6)(4}. Special District Boundary Treatment: Per LDR Section 4.6.4(A), the north portion of the office building and that portion of the hotel across the alley from the single family property is required to provide a 10~foot setback for the portion of the buildings that are 37 feet ar less in height. Further, the hotel is required to provide 5122 Historic Preservation Board Meeting of Apri] 6, 2011 Hyatt Place COA 2011-080-SPM-~HPB-CL4 a 22-foot setback for that portion that is above 37 feet in height. The proposed development complies with the special district boundary treatment since the lower levels of the hotel provide a building setback of 10 feet and 22 feet for the upper level. The office building also complies with this requirement since a 19-foot 8 inch setback is provided for the lower levels. Parallel Parking Space Dimensions: Per LDR Section 4.6.9(D)(4)(a), the required dimension of a parallel parking space is 8 feet by 22 feet. The proposed parallel parking spaces along the alley in phase I are 8 feet by 20 feet. The parallel spaces in phase II have been revised to provide the required 8-foot by 22-foot dimension. A condition of approval is attached that the parallel spaces in phase I are revised to provide the required 8-foot by 22-foot dimension. OTHER ITEMS: Auxiliary Power Generator: Per LDR Section 4.3.3(00), the hotel is required to provide an auxiliary power generator for all interior corridor lighting and exit signs and at least one public elevator. Further, the generator needs to be designed and equipped to operate the full capacity of the equipment being served far a period not less than 120 hours. The site plan indicates that the generator will be within a room on the ground floor of the hotel and will be connected to a gas line along the alley. Paving Material: Per LDR Section 4.4.13(F)(4){f)(1}, the front setback area shall be finished with paving materials to match the existing or planned sidewalks within the adjacent right-of--way. The site plan indicates that paver blocks will be installed between the buildings and the public rights-of--way and they will match the existing pavers within the streets. Pineapple Grove Main Street Redevelopment Plan: The Pineapple Grove Main Street Neighborhood Plan (The Plan) contains several design guidelines that address redevelopment efforts within this area. The following is an analysis of the applicable design guidelines: Street Improvements: The plans indicate that the intersection at NE 1St Street and NE 1St Avenue will be resurfaced with paver bricks to match the intersection of Pineapple Grove Way and Atlantic Avenue. A condition of approval is attached that the applicant contribute one-quarter of the cost associated with these improvements. The site plan includes a note that the applicant will contribute one- quarter of this cost. Overhead Power Lines: Overhead cables (electric, telephone, CATV) are required to be placed under ground whenever feasible. The site plan includes a note that all that all overhead utility lines (including the alley} will be placed under ground. 6122 Historic Preservation Board Meeting of April 6, 2091 Hyatt Place COA 2011-080-SPM-HPB-CL4 Right-of-Way Dedication: Pursuant to LDR Sections 5.3.1 {A) and (D) and Table T-1 of the Comprehensive Plan Transportation Element, the following table describes the required rights-of--way and the existing rights-of-way adjacent to the subject property: Right-of-Way Required Existing Required Dedication Pineapple Grove Way 60' S0' 0' NE 15 Street 55' S0' S' NE 1St Avenue 60` 50' S' Alie 20'or dominant width 16' 4' Pursuant to LDR Section 5.3.1(D)(4), a reduction in the required right-of-way width of existing streets may be granted by the City Engineer upon favorable recommendation from the Development Services Management Group (DSMG}. The City Engineer and DSMG considered the reductions and approved Pineapple Grove Way to the existing width. However, a 5 foot dedication will be required for NE 1St Street and NE 1St Avenue together with a 4 foot dedication for the alley. These dedications have been accommodated with the layout of the project. A condition of approval is attached that the right-of-way deeds be submitted and recorded or provided on the plat prior to certification of the site plan. WA[V E RS Pursuant to LDR Section 2.4.7(B)(5), prior to granting a waiver, the approving body shall make a finding that the granting of the waiver: (a) Shall not adversely affect the neighboring area; (b) Shall not significantly diminish the provision of public facilities; {c) Shall not create an unsafe situation; and (d) Does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. Hotel 1Front Setback: Per LDR Section 4.4.13(F')(4){a)(2), the minimum front setback for buildings with nonresidential uses on the ground floor in the CBD zoning district is 5 feet. The eastern elevation of the hotel includes an angled glass architectural feature that is approximately 3.5 feet wide and projects 5 feet into the minimum required setback (0-foot setback proposed}. The applicant has submitted the following verbatim narrative in support of the waiver: "...The proposed architectural feature actors of the upper level of the building and slopes outward fo the setback as the height increases up to the top of the building where the feature reaches a zero setback. The impact of the encroachment into the setback is reduced since it is a gradual encroachment as the feature gets faller up the side of the building until it is of zero setback at the top. Therefore, approval of this waiver will not adversely affect the neighboring area..." "...The architectural feature is located on the upper portion of the building and is not an impediment to pedestrian or vehicular traffic. For the reasons set forth above, approval of this waiver will not create an unsafe condition_.." 7122 Hisfioric Preservation Board Meeting of April 6, 2x11 Hyatt Place COA 2013-080-SPM-HPB-CL4 Waiver Analysis: The property has 259 feet 3 inches of frontage along Pineapple Grove Way. The 3.5-foot wide architectural feature will have an insignificant impact on the massing of the project on the streetscape. The encroachment of this feature into the required setback begins at a height of approximately 20 feet. Given this height, the feature will have an insignificant impact on pedestrians or vehicles along Pineapple Grove Way in terms of massing, light, and air circulation. Further, this architectural feature has no impact on the provision of public services and does not create an unsafe situation. Similar circumstances on other properties would lead to the same conclusion. Consequently, positive findings can be made with respect to LDR Section 2.4.7(B)(5}, Waiver Findings. Phase I Parking Lot Setbacks: Per LDR Section 4.4.13(F){4){c), the Phase I parking lot on the west side of the alley does not comply with the minimum and maximum building setbacks and frontages along NE 15t Street and NE 15t Avenue given the lack of a building during this phase. Due to the potential extended period that the parking lot may be in place, a waiver request has been submitted from these regulations. Waiver Analysis: The applicant has provided the following justification with regard to the waiver request: "...The proposed sife plan for fhe Project is far fhe developmenf of a Hyaft Place as a phased developmenf that will utilize fhe area west portion of the sife for guest parking in phase ~. The master plan calls for an office building fo be built along fhe frontage in phase 2 of construcfion. In fhe interim and with the completion of phase 7 the parking area wil! include a series of walls, columns, and a trellis feature fo add hardscape to the frontage of the parcel in lieu of the building that wil! be built in phase 2. This is a temporary use and wil! be replaced by an office building when phase 2 is constructed. Therefore, approval of this waiver will not adversely affect the neighboring area..." The purpose of these regulations is to create a pedestrian friendly environment in the neo- traditianal style of urban development. The phase II portion of the development includes the elimination of this parking area and construction of a 2-story office building that complies with these development regulations. The concern is the timing of these phase II improvements. Similar to the CVSIOffice Depot approval and Putfn Around Delray projects on federal Highway, the applicant proposes to install a decorative picket fence and wall with trellis to provide massing and interest to mitigate for the lack of building mass. The waiver will not adversely affect neighboring properties or diminish the provision of public facilities. The waiver would also be supported under similar circumstances and therefore will not result in the grant of a special privilege. Thus, positive findings can be made with respect to LDR Section 2.4.5 (B)(5)- Stacking Distance: Per LDR Section 4.6.9(D)(3)(c}{2}, a stacking distance of 100 feet is required in advance of all security gates. The development includes a security gate for the 45-space parking lot on the west side of the alley in phase 1. This security gate has a 23-foot 4 inch stacking distance from the alley. A waiver request has been submitted from the required stacking distance. 8122 Historic Preservation Board Meeting of April 6, 2011 Hyatt Place COA 2011-080-SPM-HPB-CL4 Waiver Analysis: The applicant has provided the following justification with regard to the waiver request: "...The proposed site plan far the Project is for the developmenf of a Hyatt Place as a phased development thaf will utilize the area west of the alley for guest parking in phase 7. !t is importanf to secure the parking area for hate! guests and therefore a gate system is proposed to secure the hotel guest parking area. The access will be by way of a card reader for room keys. The parking area is accessed from a mid block alley which does not have a lot of local traffic. Since fhe hotel complex is locafed on bath sides of the alley reduced stacking distance will not create any conflicts with traffic. When Phase 2 of the project is constructed the gate will be removed. Therefore, approval of this waiver will not adversely affect fhe neighboring area. As referenced above, the reduced sfacking will still provide adequate space far entering vehicles to be clear of the alley. Access will be quick and easy by inserting fhe room key into the card reader and therefore no back up of traffic will occur. The entry into the parking area will be of a low volume with multiple vehicles very rarely entering at fhe same time because of the random check in time that normally occur Therefore, approval of this waiver will not significantly diminish the provision of public facilities..." The stacking distance that is proposed will allow for one vehicle to stack at the card reader and not interfere with traffic along the alley. This configuration will likely result in periodic stacking of vehicles within the alley. The alley has a relatively low traffic volume and speeds consisting of local trips and utility vehicles such as solid waste trucks, which should not be excessively interrupted by these periodic stoppages. It is noted that the driveway entrance is 93 feet from iVE 1S{ Street. Thus, there is no concern with respect to traffic stacking into the street. The waiver will not adversely affect neighboring properties ar diminish the provision ofi public facilities. The waiver would also be supported under similar circumstances and therefore will not result in the grant of a special privilege. Thus, positive findings can be made with respect to LDR Section 2.4.5 (B)(5). Maneuvering Area: Per LDR Section 4.6.9(D)(4)(c), a 6-foot by 24-foot maneuvering area is required for dead end parking tiers. A 5-foot 2 inch by 30-foot dead end parking tier is proposed on the mezzanine level of the hotel. A waiver request has been submitted for the maneuvering area: Waiver Analysis: The applicant has provided the following justification with regard to the waiver request: "...This waiver is being requested to replace the required maneuvering area at the end of the parking bay wifh a clearly marked "No Parking" space being fhe last space in the parking row which will be used as the maneuvering space of the end of the parking bay. In addition the driving aisle has been widened from 24' wide to 30' to provide additional maneuvering area. Therefore, approval of this waiver will not significantly diminish the provision of public facilities..." The additional 6 feet of drive aisle width will provide sufficient maneuvering area to compensate for the reduction of 10 inches of maneuvering area depth to allow the last two vehicles along the sides of this parking tier to safely back out of the parking spaces and leave in a forward manner. Approving this waiver will have no impact on the neighboring area, public facilities, or create an unsafe situation. This waiver would not result in a special privilege and would be supported for 9122 Historic Preservation Board Meeting of April 6, 2011 Hvatt Place COA 2011-0$0-SPM-HPB-CL4 similar circumstances. Thus, positive findings can be made with respect to LDR Section 2.4.5 (B}(5). Technical Items: While the revised site plan has accommodated some staff concerns, the Engineering Division technical comments dated March 24, 2131'1, which have been forwarded to the applicant, remain outstanding will need #o be addressed prior to certification of the si#e plan. In addition, the following comments must be satisfied: 1. That the "turn around" notation be eliminated from the office parking space and a bollard be installed. 2. That the correct sight visibility triangles are graphically depicted on the plans. 3. That the photometric plan is revised to include the building entrances and compliance with LDR Section 4.6.$. 4. That the photometric plan is revised to indicate compliance with the night illumination standards for the garage entrance. 5. That the photometric plan be revised to indicate an overall height of 25 feet for the light pole and fixtures. 6. That the hotel stairwell be revised to provide a door with direct access to the outside in accordance with direction by the Chief Building Official. 7. That the building cross sections are revised to graphically indicate compliance with the minimum required finished floor to finished ceiling height requirements of LDR Section 4.4.13(F)(1)(c). $. That the plans be revised to indicate the relocation of the pole and anchor within the alley. 9. That a plat application be submitted prior to certification of the site plan and that the recorded plat be submitted prior to issuance of a building permit. LANDSCAPE ANALYSIS The proposed landscaping consists of Alcantarea lmperialis, Foxtail Fern, Gumbo Limbo, Green Buttonwood, Gold Dust Croton, Red Tip Cocoplum, Small Leaf Pitch Apple, Mammey Croton, Variegated Flax Lily, Green Island Ficus, Pink Hibiscus Standard, Dahoon Holly, Tree Form Privet, Purple Lantana, Wart Fern, Alexander Palm, Podocarpus, Cliff Date, Highrise Live Oak, Royal Palm, Cabbage Palm, Yellow Cassia, Mirror Leaf Viburnum, Sandankwa Viburnum. WAIVERS `- Pursuant to LDR Section 2.4.7(6){5), prior to granting a waiver, the approving body shall make a finding that the granting of the waiver: (a) Shall not adversely affect the neighboring area; {b) Shall not significantly diminish the provision of public facilities; {c) Shall not create an unsafe situation; and {d) Does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. 10122 Historic Preservation Board Meeting otApril 6, 2011 Hvatt Place COA 2D11-080-SPM-HPB-CL4 Terminal Landscape Islands: Per LDR Section 4.fi.16(H}{3)(j}, each row of parking spaces must be terminated with a landscape island. These landscape islands {three total} have not been provided at the back-out parking spaces along the west side of the alley. The applicant has submitted the following verbatim narrative in support of the waiver: "...The terminal islands would be located at an enfry fo a covered parking area which is serviced from the alley. The alley is the main service roufe which is fully contained within the site and is not visible to fhe surrounding neighborhood Therefore, approval of this waiver wil! not adversely affect the neighboring area. The location is internal to the project and not visible to the surrounding neighborhood. Therefore, approval of this waiver will not significanfly diminish the provision of public fa cilifies. The deleting of the terminal islands and replacing fhem with concrefe separator islands will not create an unsafe condition. The separafors will channel traffic in and out of the covered parking area. Therefore, approval of this waiver will not create an unsafe condition..." Waiver Analysis: Given the location interior to the property along an alley, the elimination of the landscape islands would not adversely impact the neighboring area. The provision of public facilities would not be diminished by the proposed waiver and would not create an unsafe situation. The waiver would not grant a special privilege to the owner since the City has approved similar waivers to landscaping along alleys in the downtown area. Accordingly, positive findings can be made with respect to LDR Section 2.4.7(8)(5), Waiver Findings. Landscape Technical Items: The following Landscape Plan items remain outstanding, and will need to be addressed prior to building permit submission unless as otherwise noted. 1. That the height notations are provided on the plans for all Royal Palms. 2. That a canopy tree is provided far the northern landscape island of the back-out parking spaces along the west side of the alley. 3. That the fire hydrant along NE 1St Street is relocated and that a Royal Palm is installed in the island. 4. That a landscape maintenance and hold harmless agreement for landscaping within adjacent rights-of-way be recorded prior to certification of the site plan. ARCHITECTURAL .ELEVATIONS Per LDR Section 4.5.1 {E}{2}, the office building is considered a minor development. Visual compatibility with surrounding historic neighborhood for new construction is based on LDR Section 4.5.1 (E}(8)(a}-(I}[Visual Compatibility Standards]. Pursuant to LDR Section 4.6.18(E), the following criteria shall be considered, by the Historic Preservation Board, in the review of 11122 Historic Preservation Board Meeting of April 6, 2019 Hyatt Place COA 2011080-SPM-HPB-CL4 plans for building permits associated with the hotel. If the following criteria are not met, the application shall be disapproved. a} The plan or the proposed structure is in conformity with good taste, good design, and in general, contributes to the image of the City as a place of beauty, spaciousness, harmony, taste, fitness, broad vistas, and high quality. b) The proposed structure, or project, is in its exterior design and appearance of quality such as not to cause the nature of the local environment or evolving environment to materially depreciate in appearance and value. c) The proposed structure, or project, is in harmony with the proposed developments in the general area, with the Comprehensive Plan, and with the supplemental criteria which may be set forth for the Board from time to time. Visual Compatihili#y Standards: The following Standards apply, in part, to the office building and single family residence: (a) Height: The height of proposed buildings or modifications shall be visually compatible in comparison or relation to the height of existing structures and buildings in a historic district for all major and minor development. (b) Front Facade Pro ortion: The front facade of each building or structure shall be visually compatible with and be in direct relationship to the width of the building and to the height of the front elevation of other existing structures and buildings within the subject historic district. {c) Proportion of Openings (Windows and Doors]: The openings of any building within a historic district shall be visually compatible with the openings exemplified by prevailing historic architectural styles of similar buildings within the district. The relationship of the width of windows and doors to the height of windows and doors among buildings shall be visually compatible within the subject historic district. {d) Rhythm of Solids to Voids: The relationship of solids to voids of a building or structure shall be visually compatible with existing historic buildings or structures within the subject historic district for all development, with particular attention paid to the front facades. (e} Rhythm of Buildings on Streets: The relationship of buildings to open space between them and adjoining buildings shall be visually compatible with the relationship between existing historic buildings or structures within the subject historic district. (f} Rhythm of Entrance andlor Porch Projections: The relationship of entrances and porch projections to the sidewalks of a building shall be visually compatible with existing architectural styles of entrances and porch projections on existing historic buildings and structures within the subject historic district for all development. (g) Relationship of Materials, Texture, and Color: The relationship of materials, texture, and color of the facade of a building and/or hardscaping shall be visually compatible with the predominant materials used in the historic buildings and structures within the subject historic district. 12122 Historic Preservation Board Meeting of April 6, 2011 Hyatt Place COA 2011-084-SPM-HPB-CL4 (h) Roof Shapes: The roof shape, including type and slope, of a building or structure shall be visually compatible with the roof shape of existing historic buildings or structures within the subject historic district. The roof shape shall be consistent with the architectural style of the building. {i) Walls___of _Cor~tinuity: Walls, fences, evergreen landscape masses, or building facades, shall form cohesive walls of enclosure along a street to ensure visual compatibility with historic buildings or structures within the subject historic district and the structure to which it is visually related. Q) Scale of a Building: The size of a building and the building mass in relation to open spaces, windows, door openings, balconies, porches, and lot size shall be visually compatible with the building size and mass of historic buildings and structures within a historic district far all development. (k) Directional Expression of Front Elevation: A building shall be visually compatible with the buildings, structures, and sites within a historic district for all development with regard to its directional character, whether vertical or horizontal. {!) Architectural Stvle: All major and minor development shall consist of only one (1) architectural style per structure or property and not introduce elements definitive of another style. Analysis: The predominant characteristic of the existing buildings along NE 15f Avenue between NE 15~ Street and NE 2 Street are one and two story structures. The office building is now proposed as a two story building and has essentially the same identical contemporary architectural style as the approved. The hotel is also a contemporary architectural interpretation and is unchanged from the approved elevations except for the addition of a angled glass architectural feature along the east elevation. The color scheme of the building has been modified to comply with the conditions of approval from the Pineapple Grave Limited proposal. The current color scheme consists of Wilmington Tan (dark tan), Powell Buff (medium tan), and Monterey White (light tan). The building also contains precast natural stone applications and black railing. The north side of the hotel has been modified to provide faux window treatments, horizontal banding, and vertical and horizontal scoring to address the previous conditions of approval. Parapet: Per LDR Section 4.6.18(8){14)(i)3), flat roofs shall be screened from adjacent properties and streets with decorative parapets. The maximum height of the parapet wall shall be 6 feet or be of sufficient height to screen al[ roof mounted equipment, whichever is greater, measured from the top of the roof deck to the top of the parapet wall. The parapet on the tower at the southeast corner of the hotel building is 9 feet 14 inches high. The applicant has indicated that mechanical equipment will be located in this area. In order to justify this height, a condition of approval is attached that details of the equipment are provided and watermarked on the building elevations. 13122 Historic Preservation Board Meeting of April 6, 2011 Hyatt Place COA 2011-080-SPM-HPB-CL4 REQUIRED FINDINGS Pursuant to Section 3.1.1 (Required Findings), prior to the approval of development applications, certain findings must be made in a form which is part of the official record. This may be achieved through information on the application, written materials submitted by the applicant, the staff report, or minutes. Findings shall be made by the body which has the authority to approve or deny the development application. These findings relate to the Future Land Use Map and Comprehensive Plan Consistency, Concurrency, and Compliance with the Land Development Regulations. At its meeting of May 7, 2002, the City Commission made positive findings with respect to the Future Land Use Map, Comprehensive Plan Consistency, and Concurrency provided conditions of approval are addressed. However, the following is provided: Section 3.1.1_.{A] - Future_Land Use Map.. That portion of the subject property west of the alley has a FLUM (Future Land Use Map) designation of OMU (Other Mixed Use) and zoning designation of OSSHAD. The portion of the property located east of the alley has a Future Land Use Map designation of CC (Commercial Core) and a zoning designation of CBD (Central Business District}, The zoning districts are consistent with the CC Future Land Use Map designations. As noted in the background section, the southern 34.75 feet of Lot 6 and all of tots 7 and 8 are subject to the permitted uses and development regulations of the CBD zoning district as the CBD overlay extends into this area. Pursuant to LDR Section 4.4.13(8)(1 }, (2), (3), and (5), hotels, retail, office and restaurants are allowed uses within the CBD zoning district. Thus, positive findings can be made with respect to Future Land Use Map consistency. Section 3.1.1 B -Concurrent : As described in Appendix A, a positive finding of Concurrency can be made as it relates to water, sewer, streets and traffic, drainage, parks and recreation, open space, schools, and solid waste. Section 3.1.1 fC} -Consistency (Standards for Site Pla_n_Actions : As described in Appendix B, a positive finding of consistency can be made as it relates to Standards for Site Plan Actions. Section 3.1.1 D -Com fiance With the Land Develo ment Re ulations: As described under the Site Plan Analysis of this report, a positive finding of compliance with the LDRs can be made, provided that all outstanding items attached as conditions of approval are addressed. Com rehensive Plan Policies: A review of the objectives and policies of the adopted Comprehensive Plan was conducted and the following applicable objectives or policies were noted: Future Land Use Element Objective A-1 -Property shall be developed or redeveloped in a manner so that the future use and intensity is appropriate and complies in terms of soil, topographic, and other applicable physical considerations, is complimentary to adjacent sand uses, and fulfills remaining land use needs. 14122 Historic Preservation Board Meeting of April 6, 2©11 Hyatt Place COA 2011-080-SPM-HPB-CL4 The guests of the hotel will provide a unique tourist customer base for the surrounding businesses. These quests will provide economic stability for businesses in the area, particularly with respect to the restaurant and entertainment sectors. This is also true of the office portion of the development. The office employees will provide aday-time customer base for area businesses with a particular emphasis on restaurants. Future 1Mand Use Element Policy C-4.4. -The City supports the efforts to revitalize the Pineapple Grove Main Street {PGMS} area, and the use of the Main Street approach: organization, promotion, design, and economic restructuring. White the CRA is the lead support agency for the PGMS organization, the City will provide technical support and assistance through the Planning & Zoning and Community Improvement Departments. The Pineapple Grove Main Street Neighborhood Plan contains several design guidelines that address redevelopment efforts within this area. These items were previously discussed under the "Compliance with LDRs" Section of this report. Transportation Element Policy D-2.2 -Bicycle parking and facilities shall be required on alt new development and redevelopment. Particular emphasis is to be placed on development within the TCEA Area. Bicycle parking is provided at the southeast and southwest corners of the development. Section 2,4.5 (F)(5) -Compatibility {Site Plan Findings): The approving body must make a finding that development of the property pursuant to the site plan will be compatible and harmonious with adjacent and nearby properties and the City as a whole, so as not to cause substantial depreciation of property values. The subject property is bordered to the north, south and west by the Old School Square Historic Arts District zoning district and to east and south by the CBD zoning district. The adjacent land uses include: to the north and west single family residential and commercial uses; to the east by the Astor mixed use development; and to the south by the public parking garage. The proposed redevelopment will provide year-round customer and employment base for the nearby commercial redevelopment along Pineapple Grove Way as well as new opportunities for businesses. The stability of the downtown area will be enhanced by the addition of the hotel quests that will patronize area businesses and contribute to the long term revitalization of this redevelopment area together with employment base of the commercial uses. REVIEW BY OTHERS The development proposal is located in an area which requires review by the PGAD (Pineapple Grove Arts Distric#) Executive Committee, the CRA (Community Redevelopment Agency), and the DDA {Downtown Development Authority). Pineapple Grove Arts District Executive Committee The Executive Committee will consider the proposal at its meeting of April 6, 2011. The results of the Executive Committee will be provided to the HPB. Community Redevelopment Agency (CRAI At its meeting of March 10, 2011, the CRA reviewed the proposal and recommended approval. 15122 Historic Preservation Board Meeting of April 6, 2011 Hvatt Place COA 2011-080-SPM-HPB-CL4 Downtown Develo meet Authorit DDA At its meeting of March 14, 2011, the DDA reviewed the proposal and recommended approval. Courtesy Notice: Courtesy notices have been provided to the following homeowner's associations, which have requested notice of developments in their areas: ^ Neighborhood Advisory Council ^ Chamber of Commerce ^ Delray's Citizen's Coalition ^ Old School Square Any letters of support or objection will be presented at the Historic Preservation Board meeting. ASSESSMENT AND CONCLUSION ~ The mixed-use development will further enhance the vibrancy of the downtown area and the continued redevelopment of the Pineapple Grove redevelopment area. The proposed uses are consistent with the policies of the Comprehensive Plan and Chapter 3 of the Land Development Regulations. Positive findings can be made with respect to Section 2.4.5(F}(5) regarding compatibility of the proposed development with surrounding properties. Positive findings can be made with respect to compliance with the Land Development Regulations provided the conditions of approval are addressed. i ALTERNATIVE ACTIONS A. Postpone with direction. B. Move approva[ of COA 2011-080-SPM-HPB-CL-4, associated Class 1V site plan modification, landscape plan, design elements, and waivers for Hyatt Place, by adopting the findings of fact and law contained in the staff report, and finding that the request, and approval thereof, meets criteria set forth in Chapter 3, Section 2.4.5(F)(5) of the Land Development Regulations and Comprehensive Plan, subject to conditions of approval. C. Move denial of COA 2011-080-SPM-HPB-CL-4, associated Class IV site plan modification, landscape plan, design elements, and waivers for Hyatt Place, by adopting the findings of fact and law contained in the staff report, and finding that the request, and approval thereof, does not meet criteria set forth in Chapter 3, Section 2.4.5(F)(5) of the Land Development Regulations and Comprehensive Plan. STAFF RECOMMENDATION By Separate Motions: Waivers: 1. Recommend approval to the City Commission of the waiver to LDR Section 4.4.13{F)(4}{c), which requires a minimum and maximum building setback and frontages for the phase I parking lot at the northeast corner of NE 1St Street and NE 1St Avenue, which requires a 40- foot visibility triangle at the intersection of two public rights-of-way, based on a positive finding with respect to LDR Section 2.4.7{B)(5}. 16122 Historic Preservation Board Meeting of April 6, 20'11 Hvatt Place COA 2011080-SPM-HPB-CL4 2. Recommend approval to the City Commission of the waiver to LDR Section 4.4.13(F)(4)(a)(2), which requires a minimum front setback of 5 feet for buildings with nonresidential uses on the ground floor in the CBD zoning district, based on a positive finding with respect to LDR Section 2.4.7{B)(5). 3. Recommend approval to the City Commission of a waiver to LDR Section 4.6.9{D}(3)(c)(2}, which requires a stacking distance of 160 feet is required in advance of ail security gates, based on a positive finding with respect to LDR Section 2.4.7(B)(5). 4. Recommend approval to the City Commission of a waiver to LDR Section 4.6.9(D}(4}(c), which requires a 6-foot by 24-foot maneuvering area fior dead end parking tiers, based on a positive finding with respect to LDR Section 2.4.7(B)(5). 5. Approve the waiver to LDR Section 4.6.16(H)(3){j), which requires terminal landscape islands far each row of parking, based on a positive finding with respect to LDR Section 2.4.7{B)(5}. Site Plan Modification: Approve COA 2011-080-SPM-HPB-CL4 and associated Class IV site plan for Hyatt Place, by adopting the findings of fact and law contained in the staff report, and finding that the request, and approval thereof, meets criteria set forth in Chapter 3, Section 2.4.5(F)(5) of the Land Development Regulations and Comprehensive Plan, subject to the following conditions of approval. 1. Address all Site Plan Technical Items and submit four (4) copies of the revised plans. 2. That the parallel spaces in phase 1 are revised to provide the required 8-foot by 22-foot dimension. 3. That the applicant contributes one-quarter of the cost associated with the improvement to the intersection of NE 1St Street and NE 1St Avenue prior to certification of the site plan. 4. That the right-of-way deeds be submitted and recorded or provided with the plat prior to certification of the site plan. 5. That the payment of the parks and recreation impact of $67,000 be submitted prior to issuance of a building permit. Landscape Plan: Approve COA 2011-080-SPM-HPB-CL4 and associated landscape plan fiar Hyatt Place, based on positive findings with respect to LDR Section 4.6.16, subject to the condition that all Landscape Technical Items are addressed and three (3) copies of the revised plans are submitted. Elevations: Approve COA-2011-080-SPM-HPB-CL4 and associated design elements far Hyatt Place, based on positive findings with respect to LDR Section 4.6.18, subject to the following conditions: 17122 Historic Preservation Board Meeting of April 6, 2831 Hvatt Place CDA 2011-p80-SPM-HPB-CL.4 1. That details of the rooftop equipment within the hotel tower are provided and watermarked on the building elevations that justify the increased parapet height. Attachments: • Appendix A o Appendix B Site Plan ~ Architecturall=levations m Landscape Plan Report prepared by: Scott D,,,,,Pape, AICP, FCP, Senior Planner 18122 Appendix A Page 1 __ - _ _-- APPENDIX A E CONCURRENCY PINDI'NGS. Pursuant to Section 3.'1.1(B) Concurrency as defined pursuant to Objective B-2 of the Land Use Element of the Comprehensive Plan must be met and a determination made that the public facility needs of the requested land use andlor development application will not exceed the ability of the City to fund and provide, or to require the provision of, needed capital improvements for the following areas: Water and Sewer: With respect to water and sewer service, the following is noted: - Water service will be available to the site via lateral connection to a proposed 8" main along the alley from an existing 8" main along NE 1St Street. - Sewer service exists to the site via an 8" sewer main located within the alley. - It is noted that adequate fire fighting capabilities are provided via one new fire hydrant along the alley, one existing fire hydrant at the southeast corner of Pineapple Grove Way and NE 1St Street, and one existing fire hydrant on the east side of Pineapple Grove Way at the north end of the subject development, and an existing fire hydrant at the southwest corner of NE 1St Street and NE 1St Avenue. Pursuant to the City's Comprehensive Plan, treatment capacity is available at the City's Water Treatment Plant and the South Central County Waste Water Treatment Plant for the City at build-out. Based upon the above, positive findings can be made with respect to these levels of service standards. Streets and Traffic: The subject property is located in the City's TCEA (Traffic Concurrency Exception Area), which encompasses the CBD, CBD-RC, and OSSHAD zoning districts, as well as the West Atlantic Avenue corridor. The TCEA was established in December, 1995 to aid in the revitalization of downtown, with a purpose ofi reducing the adverse impacts of transportation concurrency requirements on urban infill development and redevelopment. These revitalization efforts are achieved by exempting development within the TCEA from the requirements of traffic concurrency. Therefore, a positive finding can be made with respect to traffic concurrency. Parks and Recreation Facilities: The 134-room hotel will not have a significant impact with respect to level of service standards for parks and recreation facilities. However, pursuant to L.DR Section 5.3.2(C), Impact Fee Required, whenever a development is proposed upon [and which is not designated for park purposes in the Comprehensive Plan, a impact fee of $500.00 per dwelling unit (including hotel rooms) will be collected prior to issuance of building permits for each unit. Thus, an impact fee of $67,000 will be required of this development. Solid Waste: Trash generated each year by the hotel, 2,100 square feet of retail, 1,666 square feet of restaurant, 15,91$ square feet of office will be 134.69 tons. 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. Appendix A Pace 2 Drainage: Preliminary drainage plans were submitted which indicate that drainage will be accommodated via sheet flow to culverts that will direct stormwater to exfiltration trenches and the City's stormwater collection system along NE 15t Street. Based on the above, positive findings with respect to this level of service standard can be made. School Concurrence: A finding of concurrency is not required for the proposed development. 20122 Appendix B Page 7 Page 1 APPENDIX B ~~_ STANDARDS FOR 51TE PLAN ACTIONS A, Building design, landscaping, and lighting (glare) shat! be such that they do not create unwarranted distractions or blockage of visibility as it pertains to traffic circulation. Nat applicable Meets intent of standard X Does not meet intent B. Separation of different forms of transportation shall be encouraged. This includes pedestrians, bicyclists, and vehicles in a manner consistent with policies found under Objectives D-1 and D-2 of the Transportation Element. Not applicable Meets intent of standard X Does not meet intent C. Open space enhancements as described in Policies found under Objective B-9 of the Open Space and Recreation Element are appropriately addressed. Not applicable X Meets intent of standard Does not meet intent D. The City shall evaluate the effect that any street widening or traffic circulation modification may have upon an existing neighborhood. If it is determined that the widening or modification will be detrimental and result in a degradation of the neighborhood, the project shall not be permitted. Not applicable Meets intent of standard X Does not meet intent E. Development of vacant land which is zoned for residential purposes shall be planned in a manner which is consistent with adjacent development regardless of zoning designations. Not applicable Meets intent of standard X Does not meet intent F. Property shall be developed or redeveloped in a manner so that the future use and intensity are appropriate in terms of soil, topographic, and other applicable physical considerations; complementary to adjacent land uses; and fulfills remaining land use needs. Not applicable Meets intent of standard X Does not meet intent G. Redevelopment and the development of new land shall result in the provision of a variety of housing types which shall continue to accommodate the diverse makeup of the City's demographic profile, and meet the housing needs identified in the Housing Element. This shall be accomplished through the implementation of policies under Objective B-2 of the Housing Element. Not applicable X Meets intent of standard Does not meet intent H. The City shall consider the effect that the proposal will have on the stability of nearby neighborhoods. f=actors such as noise, odors, dust, traffic volumes and circulation patterns shall be reviewed in terms of their potential to negatively impact the safety, habitability and stability of residential areas. If it is determined that a proposed development will result in a degradation of any neighborhood, the project shat! be modified accordingly or denied. Not applicable Meets intent of standard X Does not meet intent L Development shall not be approved if traffic associated with such development would create a new high accident location, or exacerbate an existing situation causing it to become a high accident location, without such development taking actions to remedy the accident situation, Not applicable Meets intent of standard X Does not meet intent J. Tot lots and recreational areas, serving children from toddler to teens, shall be a feature of all new housing developments as part of the design to accommodate households having a range of ages. This requirement may be waived or modified for residential developments located in the down#own area, and for infill projects having fewer than 25 units. 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[^-] ~ Q -------- - ----'-___-__ --=---- --~ ~ w 33 ^E M --- -------- __- 3 ~ ~ ~ I`s ~ ----`-°~G_~___ -- -~____~ b z' 0 a w a Z. b ~ SLS S- g ~ ~ ~§4 ~~~~ ~Y€ a ~ a ~ ~ ~ ~2~~ ~e~ >~i ~~=e gig ~~ ° ~ H n z W~ ~~e ~~ a ,__ ~ ~&$~ ~o°s ~ ~ m T MEMORANDUM TO: Mayor and City Commissioners FROM: R. Brian Shutt, City Attorney DATE: June 13, 2011 SUBJECT: AGENDA ITEM 8.C. -REGULAR COMMISSION MEETING OF .TUNE 21, 2011 AMENDMENT NO. 1 TO THE INTERLOCAL AGREEMENT; CRA/FUNDING CONSTRUCTION/PROFESSIONAL SERVICES FY 2010-2011 ITEM BEFORE COMMISSION The item before the City Commission is an Amendment No. 1 to the Interlocal Agreement between the City and the CRA for the funding of construction and professional services for certain projects as listed on Exhibit "A" attached to the Agreement. BACKGROUND Attached is the proposed Amendment No. 1 to the Interlocal Agreement for the funding of construction and professional services for certain projects, located in the CRA district, as listed on Exhibit "A" attached to the Agreement. The City and the CRA desire to amend Exhibit "A" to the Agreement in order to increase the funding for the SW 12th Avenue/Auburn Avenue/SW 14th Avenue beautification project from $150,000.00 to $350,000.00. RECOMMENDATION Staff recommends approval of Amendment No. 1. AMEN®MENT NUMBER ®NE TO THE IIVTERLOCAL AGREEMENT BETWEEN THE CITY ®F ®ELRRAY REACH AN® THE ®ELRAY BEAGH G®MMUNiTY RE®EVEL®PMENT AGENCY F®R FUN®IiNG G®NSTRIJCTI®NIPROFESSiONAL SERVICES FY 2D1 Q µ 2(]11 THIS .AMEN®MENT NUMBER ®NE TO THE INTERL®GAL AGREEMENT FOR FUN®ING ®F CONSTRUGTiONIPROFESSIONAL SERVICES ("AMENDMENT") is made this day of _, 201 ~ , by and between the CITY ®F ®ELRAY REACH, a Florida municipal corporation, (hereinafter referred to as "CITY"), and the ®ELRAY REACH COMMUNITY RE®EVEL®PMENT AGENGY, a public body corporate and politic, duly created and operated pursuant to Chapter 163, Florida Statutes (hereinafter referred to as the "GRA"). WITNESSETH~ WHEREAS, the GiTY and the CRA entered into an lnterlacaf Agreement for the Funding of Construction/Professional Services an October 6, 2010 (the "Original Agreement"); and WHEREAS, in addition to the projects identified in the Original Agreement, the CITY and the GRA desire to increase the amount of CRA funding far the SW 12th Avenue/Auburn AvenuelSW 14t" Avenue beautification project identified as item H: City Project Numfaer 2Q1Q-98 an the list of projects contained in Exhibit "A" to this Amendment, which is attached hereto and incorporated herein by reference; and WHEREAS, the CITY and the GRA desire to amend Exhibit "A" to the Original Agreement, in order to increase the funding far the SW 12th Avenue/Auburn AvenuelSW 14t" Avenue beautification project. NOW, ThIEREFORE, in consideration of the mutual covenants and promises herein contained, the parties hereby agree as follows: 1. The recitations set Earth above are hereby incorparated herein. 2. The CRA and the CITY agree to amend Exhibit "A" to the Original Agreement, in order to increase the amount of funding for the 5W 12th AvenuelAuburn Avenue/SW 14ti, Avenue beautification project (item H: City Project Number 200-98) from $150,000 to $350,000, 3. Exhibit "A" to the Original Agreement is hereby amended as provided in Exhibit "A", which is attached hereto and incorparated herein by reference. 4. All other terms and conditions of the Original Agreement not in conflict with this Amendment Number One shall remain in full force and effect. IN WETNESS WHEREOF, the parties hereto have caused this agreement to be executed on the day and year first above written, ATTEST: City Clerk CITY OF DELRAY BEACH, FLORIDA By: Approved as to Form: City Attorney A~TEST: ~ ~, ~` 3 ~~~~ - iane Calanna, Executive Director Nelson McDuffie, Mayor DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY Howard Lewis, Chair (SEAL) STATE OF FLORIDA COUNTY OF PALM BEACH 2 The foregoing instrument was acknowledged before me this ~~~ ~`~day of .... , 2 011, by ~=' j~ /3 a ~~ . ~~ ~~ ~= °1~~~a~~~ L-~;~ aj:~ , as _ ~ ~~'`~`"'~~~ ~' .:~.~ {name of officer ~ or agent, title ofi officer or agent), of f~.~.~~..~~~ ;~~`L:~~r-~r ~= _'~~ _ (name of corporation ackn©wledging), a ~~(,,rr ~-r~~~ (state or place ofi incorporation) corporation, on behalf of the corporation. He/She is ersonally_ known to me or has produced ~.._ (type of identification) as identification. JEAN ~na~RE~11=1~ Notary F'`~rbf is -State ofi Florida ,'r°„°~ ;` ;;. ', NaPary Pub~3c - Staie of Florida " "' ~~'v Comrrr. Expires Jun 2P, 2Q13 :~. c~a ,; q pN~: C, {~IT~i3"?:S5iiJ7 # ~(} a~4~Q~ .~ `'~, of i e~' [~ U~rlliH(I :" ~i,~:;t~ Ffelh~Fldf I~t113r~ ASSfl. ~~~~~ .t~ ~~ ~iscai ~ea~ 2C1Q~201 ~ I'rajects _ - City Pra'eot # j -- - - - P~o9ect IVarr~e ', A~t~~rii~ ~fi SBA F~anc3in A ~ 2010-026 Atlantic Avenue Median $ 70,000.00 B 2009-041 Atlantic Avenue Gatewa Feature (Public Art Project) $ 550,000.00 `C 2004-056 Cultural Loo /MLK, Jr. Drive ~- Ph1 $ 100,000.00 D 2009-006 Blocks 19 & 20 A11e Im rovements $ 200,000.00 E 11-009 Block 32 Alle $ 130,000.00 F 2010-041 NW 12` Ave -Atlantic/MLK $ 200,000.00 ~G 11-024 NE 3` 5treetsca e & Alle im rovements $ 300,000.00 ~H 2010-098 SW 12` Ave/Auburn Ave/14t Ave $ x&899:-99 350,000.00 I 2004-006 5E & NE 15` St -One-Wa Pair Canversian $ 50,000.00 J 2010-039 SW 2" Street Beautification $ 380,000.00 K 2010-027 Bus Shelters $ 150,000.00 L 2006-061 Worthin Park Downtown Parks $ 100,000.00 M 2009-009 Federal Hw Beautification SEINE 5' & 6~ Avenues - ©esi n $ 100,000.00 N . 2010-127 W Atiantic Ave Drivewa /Sidewalk Modifications $ 10,000.00 O 11-017 Fire Head carters Public Plaza $ 35,000.00 P NE 2~ Ave ISeacrest Beautification (Del-Ida Park $ 80,000.00 4 MEMORANDUM TO: Mayor and City Commissioners FROM: R. Brian Shutt, City Attorney DATE: June 13, 2011 SUBJECT: AGENDA ITEM 8.D. -REGULAR COMMISSION MEETING OF .TUNE 21, 2011 INTERLOCAL AGREEMENT/CRA/SHUTTLE BUS SERVICE ITEM BEFORE COMMISSION The item before the City Commission is an Interlocal Agreement between the City and the CRA for the funding of the shuttle bus service. BACKGROUND Attached is the proposed Interlocal Agreement for funding of the shuttle bus service. The CRA desires to contribute $148,648.50 to the City to be used to fund the shuttle bus service. This Agreement shall expire on September 30, 2011. RECOMMENDATION Staff recommends approval of the Agreement. 1//AAyyNT°'rRL'~J Cvvvv A'ayA-~.~L1'1 /~~B~ET4JJEL l/Y•y1G`ivN-wyA .iAP]~cy /~1ry~P/~48J~Nym ~c@T~~A~pbA.-0.yc.NpJT~VpC~g i~j~1~]d~.(¢Y®1"vgl~~_~~/waa,~,'/L+~.INn@.,tl1YY @lB.V~F ^~../:JLYCH d S~~D 1~H~'r ~EIJI~A A ~~%g/[~~yA. gyC~y 1A C®1fi1.Y1g~~~, gN{~II~YY .0. A. 1~j6~Y]1JJJ1 tlg®yL R..!®.R El FT~ ~V ^'~NCY i' l/1® ~H~T~ LA,:/ J19~~ ~tl'~b\~~~R~.I TIIIS AGREEMENT is made this day of 200_ by and between the CI'I'Y GE IIELI2A`l~' I3EACI~, a Florida Municipal Catporation, (hereinafter referred to as "CTTY"), arzd the I3ELItAY BEACH C®M11~~C7NITY I~EI?I:VEL®PMENT A(,~ENCY, a Florida public agency, created pursuant to Chapter 163, Florida Statutes, (hereinafter referred to as the "CAA"}. Vi~ITNE~SETI-I: ~VIIEREA~, the CITY has entered into a contract fog- shuttle bus service to be provided in the downtown area of the CITY; a~~d ~~IEI2.EA5, the CIZA wishes to contribute to the cost for the shuttle bus service; and ~HEIYEA~, the provision of the shuttle bus service is within the Community Redevelopment Area, and is consistent with the CRA's Redevelopment Plan, and serves a municipal and public purpose. N®W, THEI~II~FHI~E, i~1 consideration of the rrtutual covenants anal promises herein contained, the parties hereby agree as follows: 1. The recitations set forth above are hereby incot•porated herein. 2. The CIZA shall pay to the CITY the amount of One Hundred Forty Eight Thousand, Six Hundred Forty Eight and 50/100 IIollars 0148,648.50} within 30 days of the execution of this Agreement by both parties. The parties ackt~awIedge that white it is the CI~.~'s intention to caa7tinue to contribute to the cost for the shuttle bus service in the future, the CIA shall be under no a[~ligatia~~ to provide funds thereafter, and such actio~a shall deter~nincd at the sale discretion of the CItA Board on an annual basis. 3. The term of this Agreement shall be retroactive from April 4, 2011 up through and including September 30, 2011. 4. The C~TX shall require that any contractor providing shuttle bus services, enter into an agreement with the Cln'~`Y, in which the Cll'T'~' uses funds the CRA provides pursuant to this Agreement, and to require that the contractor provide a certificate of insura~~ce evidencing the insurance coverages required by the CIiTY in the agreement with the contractor. The certificate of insurance shall specifically name the CRA as an additional insured under the insurance policies required pursuant to the contractor's agreerr~ent. A copy of the certificate of insurance shall be provided to the CRA. Nothing herein shall constitute a waiver of the Cl1TY's or (RA's sovereign immunity, or consent to the irrrposition of any liability in excess of the statutory limitations as provided in Section '7(8.28, Florida Statutes. 6. This Tnterlocal Agree~x3.ent shall be filed pursuant to the requirements of Section ih3.01(1 ]) of the Florida Statutes. 7. No prior or present agreements oz representations with regard to any subject natter contained within this Agreement shall be binding on any party unless included expressly in this Agreement. Any modification to this Agreement shall be in writing and executed by the parties. 8. The validity of any portion, article, paragraph, provision, clause, or any portion thereof of this Agreement shall have no force and effect upon the validity of any other part of portion hereof. 2 9. This Agreement shall be governed by and in accordance with the Laws o Florida. The venue 'for any action arising frozx, this Agreement shall be in Palm Beach County, Florida. 10. Neither the CITE' ~zor the CRA shall assign or transfer any rights or interest in this Agreement. 1 1. This Agreement shall not be valid until signed by the Mayor and the City Clerk.. ATTEST: City Clerk Approved as to Form: City Attorney AT T: Diane Colon a, Secreta~.y Print Name: ~ t ~ l° ~ t~-L",~~J CpT'Y OF DELRAY BEACH, FLORIDA B y: Nelson S. McDuffie, Mayor COMMUNITY REDEVELOPMENT AGENCY Howard Lewis, Chair (SEAL) STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this °~ ~9~~ day of ~~~~ zQ~, by ~JG~~~ L.c..~~°~~ , as ~~a~''~i~~-~~; {name of officer or agent, title of officer or agent), of ~a~~"Lrz..-a:5 °~~~~~~~ ~~'~'1- {name of corporation acknowledging), a ~~~' ~-~~~~ {state or place of incorporation) corporation, on behalf of the corporation. He/She is personally known ~,~.,,~ has .~..~....~--.~ a..~ produced (type of identification) as identification. e,„r,u~ .®. .a.. JEAN MQ~REEIELG {~~ .~,,- ~'")'1 ~~~``~ a°,~pY pU.`'r'~ NOY$ry Public • 5fa1e oY Flaridd /r " Notazy~ublic -State of lo~:ida =• ° ~ °~ hly Gomm. Expires Jun 22, 2013 =~,,~ o~`Q'~ Gamm'sssian # bf7 $$4701 ~~Br~eoeiri~'•• Bonded Through Natior+al Notary Assn. T~:12 G A ? 11 tai oc Ag ~ y-CRA Shuttle se~~viees S-I 1.dacx MEMORANDUM TO: Mayor and City Commissioners FROM: Maria Marino-Bollan, Accreditation Manager Anthony Strianese, Chief of Police THROUGH: David T. Harden, City Manager DATE: June 10, 2011 SUBJECT: AGENDA ITEM 8.E. -REGULAR COMMISSION MEETING OF .TUNE 21, 2011 GRANT APPLICATION/EDWARD BYRNE MEMORIAL GRANT (.TAGI ITEM BEFORE COMMISSION The Police Department requests Commission approval to submit an application for the FY 11-12 Edward Byrne Memorial Justice Assistance Grant Program for $53,503.00. This amount is currently allocated for the Police Department's use and assists in funding Police overtime incurred for the annual Holiday Robbery Task Force. The U.S. Department of Justice's protocol is for agencies to submit an application for funding even though an allocation has been identified. BACKGROUND The Holiday Robbery Task Force has been in operation since 1997, and runs annually from Thanksgiving through New Year's Day to provide saturation of patrol units in all shopping centers within the City and for First Night. This patrol effort has reduced crime during the Holiday season. This is a renewal of a grant we have received for the last several years, and there is no match requirement. FUNDING SOURCE Funding is provided through the U.S. Department of Justice's Edward Byrne Memorial Justice Assistance Grant (JAG) Program. No match is required. RECOMMENDATION The Police Department recommends Commission approval to submit the application ~,~ . i i ~ Q~ ~~ ~ _. _. II m N~ e ~ ~. _.. _I ._. i. ~. f ~.. ! i . 4 W u k. v...J" Ni e.~W....w A.'"w ~ U m. .6 "W ~ u : ~ ~~.~ ~'~ ~ ~ ~~„d.~ h. ~'~~Vn~~~.~~ 0 .._ 6 ~,. ~~ ' ~'~ ~~ ~ l I iG ~~ A. .~~ RI k ~ ~~~ d dl I ~ I ~' ~ MEMORANDUM TO: Mayor and City Commissioners FROM: R. Brian Shutt, City Attorney DATE: June 14, 2011 SUBJECT: AGENDA ITEM 8.F. -REGULAR COMMISSION MEETING OF .TUNE 21, 2011 THIRD AMENDMENT TO THE DECLARATION OF RESERVED RIGHTS AND AGREEMENT NOT TO ENCUMBER N.E. 7TH AVENUE RELATED TO THE ATLANTIC PLAZA PROTECT ITEM BEFORE COMMISSION Approval of the Third Amendment to the Declaration of Reserved Rights and Agreement not to Encumber N.E. 7th Avenue regarding the abandonment and relocation of N.E. 7th Avenue between N.E. 1st Street and East Atlantic Avenue to extend the time frame to obtain site plan certification by a period of ninety days. BACKGROUND The Developer submitted a request for the abandonment and relocation of N.E. 7th Avenue in order to accommodate the proposed Atlantic Plaza project. The abandonment of N.E. 7th Avenue has been concluded, however, if the Developer fails to meet certain time frames the City may require the reconveyance of N.E. 7th Avenue. A quick summary of the time deadlines regarding N.E. 7th Avenue is as follows: - provide environmental audit within 180 days of abandonment resolution approval - must obtain SPRAB approval by 12/1/09 - must obtain site plan certification within 18 months of SPRAB approval - must complete construction of underground tunnel under relocated 7th Avenue within 3 years of Site Plan Certification (this is the "no turn back deadline") - substantial completion of relocated 7th avenue within 2 years of the "no turn back deadline" The Developer has met the first two timeframes listed above. The Developer previously obtained a 6 month extension and 3 month extension to obtain site plan certification, however, in an abundance of caution the Developer is requesting a 90 day extension at this time to obtain site plan certification. Planning and Zoning and Engineering have reviewed this request and do not have any objections to the requested extension. RECOMMENDATION Staff recommends approval of the ThirdAmendment to the Declaration of Reserved Rights and Agreement not to Encumber N.E. 7th Avenue. This instrurr~ent was prepared by and should be returned to: Brian Shutt, Esq. City .Attorney's Office 200 N.W. 1st Avenue Delray Beach, Florida 33444 THIRD AMENDMENT TO DECLARATION OF RESERVED RIGHTS AND AGREEMENT NOT T® ENCUIVIBER N.E. 7t"' AVENUE (Vacated 7" Avenue} This Third Amendment to Declaration of Reserved Rights and Agreement Not to Encumber N.E. 7t~' Avenue (this "Third Amendment") is entered into this _____ day of June, 2011, among the CITY OF DELRAY BEACH, a Florida Municipal Corporation (the "City"), and CDS ASJ BUILDL>\TG, LLC, a Florida limited liability company, and CDS DELRAY REDEVELOPiVIENT, LLC, a Florida limited liability company (collectively the "Developer"}. WHEREAS, the City and the Developer entered into that certain Declaration of Reserved Rights al~d Agreement Not to Encumber N.E. 7`}' Avenue, dated February 17, 2009 and recorded April 8, 2009 in Official Records Book 23166, Page 1375 of the Public Records of Palm Beach County, Florida, as amended by First Amendment to Declaration of Reserved Rights and Agreerr~ent Nat to Encumber N.E. 7~'' Avenue, dated October 27, 2010, and recorded November 12, 2010 in Official Records Book 24189, Page 200 of the Public Records of Palm Beach County, Florida, as amended by Second Amendment to Declaration of Reserved Rights and Agreement not to Encumber N.E. 7t~' Avenue, dated. March 15, 2011, and recorded March 29, 2011 in Official Records Book 24431, Page 407 of the Public Records of Palm Beach County, Florida (collectively, the "Agxee~xzent"). WHEREAS, the City and the Developer have agreed to extend the Site Plan Certification Deadline (as defined in the Agreement) and to modify the Agreement, pursuant to the terms set forth herein.. NOW, THEREFORE, in consideration of the sum. of TEN & NO/100 DOLLARS, the mutual promises contained herein, and other good and valuable consideration between the parties, the receipt of which is hereby acknowledged, the parties hereby agree as follows: 1. Recitals; Capitalized Terz~ ;Conflict. The recitals set forth above are true and correct and are incorporated herein by this reference, as if set forth in their entirety. Any capitalized terran not defined in this Third Amendment shall have the meaning ascribed to it in the fi041/68542-438 Current/23823805v1 06/10/2011 2:07 ptr~ Agreement. In the event of any conflict between th.e terms and candition.s set forth in the Agreement and those set forth in this Third Anaendn~ent, the teens and conditions of this Third Amendment shall cantrnl. 2. Site Plan Certification Deadline. Section. ~.a.(ii) of the Agreement is hereby deleted in its entirety and substituted with the following: {ii) obtain site plan certification far the Project from the City within .nine hundred and eight (908) days following the SPRAB Approval Date (the "Site Plan Certification Deadline") {the "Site Plan Certification Condition"}, {The date on which the Developer obtains the site plan certification of the site plan shall hereinafter be defined as the "Site Plan Certification Date"); provided nothing herein shall be deemed an approval of extension far site plan approval; 3. Ratification. Except as expressly set forth in this Third Amendment, the Agreement is ratified anal confirmed as written. 4. Counte~-1 arts. This Third Amendment lnay be executed in any number of counterparts, each of which shall be deemed to be an original, and all of such counterparts shall constitute one Third Ainendnr~ent. (EXECUTION PAGES FOLLOW) 6Q41168542-038 Current123823805v1 06/10/2011 2:07 pm IN WITNESS WHEREOF, the parties to this Third Amendment set tizeir hands and seals the day and year first above written. A":[`TEST: By: City Clerk Approved as to Farm: By: City Atloz~ey STATE OF COUNTY OF CITY OF DELRAY BEACH, FLORIDA By:~ Na1ne: Its: _ Date: The foregoing instr~unent was acknowledged before me this the o f th e CITY He/She is personally known to one or has produced identification) as identification. day of , 2011., by DELRAY BEACH, FLORIDA. {type of Signature of Person Taking Acknowledgment OF 6041168542-038 Current/23823805v1 0611p12p11 2;07 pm WITNESSES: DEVELOPED CDS ASJ BUILDING, LLC, a Florida limited liability coanpany Print Name: Print Name: By: William H. Milmoe, Manager STATE OF COUNTY OF The faregoing instrument was acl~owledged before me this day of 2011, by Willia~r~ H. Milmoe, as the Manager of CDS ASS BUILDING, LLC, a Florida limited liability company, on behalf of the company. He is personally Down. to me or has produced {type of identification} as identification. Signature of Person Taking Acknowledgment 6041168542-038 Currentl23823805v'E 06!1012011 2:07 pm DEVELOPER CDS DELRAY REDEVELOPMENT, LLC, a Florida limited liability company Print Name: Print Name: STATE OF COUNTY OF William H. Milmoe, Manager The foregoing instrument was acknowledged before me this .day of _, 2011, by William H. Milmoe, the Manager of CDS Group Holdings, L.L.C., a Florida limited liability company, the Manager of CDS DELRAY REDEVELOPMENT, LLC, a Florida limited liability company, on behalf of the company. He is personally known to me or has produced (type ofidentification) as identification. Signature of Person Taking Ack,~~owledgment S By: CDS GROUP HOLDINGS, L.L.C., a Florida limited liability company, its Manager By: 6041/68542-038 Gurrenf/23823805v1 06/10/2011 2:07 pm MEMORANDUM TO: Mayor and City Commissioners FROM: R. Brian Shutt, City Attorney DATE: June 14, 2011 SUBJECT: AGENDA ITEM 8.G. -REGULAR COMMISSION MEETING OF .TUNE 21, 2011 LANDSCAPE MAINTENANCE AGREEMENT/CDS DELRAY REDEVELOPMENT, LLC/CDR ATLANTIC PLAZA, LTD. ITEM BEFORE COMMISSION Approval of the landscape maintenance agreement regarding the Atlantic Plaza development located on the north side of Atlantic Avenue between Veterans Park and northbound Federal Highway. BACKGROUND The attached landscape maintenance agreement allows the developer to place certain landscaping in the City and State rights-of-way along East Atlantic Avenue and northbound Federal Highway. This landscaping is in conjunction with construction of the Atlantic Plaza development. The owner shall be required to maintain the landscaping in accordance with City standards. RECOMMENDATION Staff recommends approval of the landscape maintenance agreement. Prepared by: RE'TURI~I: R. Brian Shutt, I;sq. City Attorney's t3Ffice 2Q0 N.~V. eat Avenue Delray Beach, FT. 33444 LANI]SCAI'E MAINTENANCE AGREEMENT TIlLiS AGREEMEN"~[' is made this day of _ , 2011 by and between the City of Delray Beach, Florida ("City"), CDS DELF~A"Y REDEVEL©>I'IIt'IENT, LLC, a I~Iorida lizztited liability company ("CDS Delray»), CD]k~ ATLANTIC ELAZA, LTD., a I'lorida limiteei liability partnership {`'Plaza") and its undersigned affiliates (collectively the "flwners"). WITNESSE'lC`~: ~NHETtEAS, in order to provide landscaping in the City, the City Commission has adopted ardiz~ax~ces setting forrth requirements for landscaping {"City's Landscape ~rdittance"); and ~VHE.~AS, the Owners hole the fee simple title to the Properties as mere fully legally described within Exhibit ".A'" as attached hereto and incorporated herein; and WF-IFRFAS, the City approved a site plan and various entitlements for a mixed-use profit (the 6°Prc~jeet") on the Properties, as illustrated within Exhibit "B"; and ~VHI~;R.i'_,AAS, the City approved lazidscape plates prepared by A. Grant Thornbraugh ~ Associates (the "I,an.dscape Plans"), attached hereto as Exltilait "C"; atad ~3EREAS, in ardor to comply with the City`s Landscape C}rdis~axace, the Owners shall be allowed to install landscaping material in specific portions of the right-a£ way of U.S. Highway No. 1 {aka, N.E. 6`~t Avenue) and East Atlantic Avenue, as further set forth on fihe landscape plans attached hereto as Exhibit "D" (the "l;andscape lmpravet3r3etlts"), pursuant trx the terms of this Agreement; and ~FIEREAS, this Agreement shall in no way be deemed an actual, constructive ar any other type of abandoztrnent by the City of the public right-of way of U.S. Highway N©. i (aka N.E. 5~` Avenue) and East Atlantic Avenue, as further set forth an the Site Plan ar Landscape I'Ians attached hereto as Exhibit `~B" and Exhibit "C" ;and VtitIIEREAS, the City reserves the rift at any tithe to utilize tl3e right-a.~ way far right-of--way purposes; and WHEREAS; the public will benefit from. the beautification of areas along its streets by floc; addition of landscaping; and WHEREAS, this Agreement is not effective unless the Owners ha~~c submitted a landscape plan and it has been approved by the City; and WHEREAS, the parties hereto mutaally recognize the need for ent~;riztl; into this Agreement, designating and setting Earth the responsitilities of each party, NOW, THEREFORE, in cansidexatian of the mutual covenants and conditions contained in this Agreement, and other good and valuable car€sideration, the receipt and sufficiency of which are hereby acknowledged, thG parties hereby agree as follows: 1. The Parties hereby represent and warrant that the above recitals are accurate and correct and hereby incorporate tlxem in this Agreement. 2. The Owners shall perform all canditio~as as required ty the City or any Board of the City in conjunction with the site plan and review process for the required installation and maintenance of the landscaping, 3. The Owners shall to responsible far purchasing and installing all plant, tree, hedge ar grass material ar any Other material as required by the Owners' approved Landscape Plans. Owners shall farther be responsible fax attaining all permits and approvals from all applicable governmental agencies. ~. The Owners hereby agree to install and maintain the Landscape lmpra-vements in the night-af vvay as identified on Exhib, i -t "D" in acct~rdanca vcrith the Oity's Landscape Ordinance, all other applicable laws duly adopted by the City, and the tomes and canditiatas of this Agreem~cnt. The Owners shall be responsible to maintain, which means the proper waterixtg anal proper fertilization. of all plants and. keeping them. as free as practicatle from disease and. harzz~ful insects; to properly mulch the plant teals; to keep the premises free of weeds; to rr~ow ax~dlor cut the grass to a proper height; to properly prune all plants which includes (1} removing dead or diseased parts of plants, or ~2} pruning such parks thereof which present a visual hazard for those using the roadway. "TQ maintain" also means removing or replacing dead car diseased plants in Chair entirety, ar removing or replacing those that fall I~elow original project standards. All giants rezrsoved far whatever reason shall be replaced ty plants of the seine grade, not necessarily the same plant bat of acceptable quality to the City and tlae Owners, as specified in the prigrnal Landscape Plans and specifications and of a size ccamparatle to those existing at the time of replacement. "Ta maintain" also means to beep litter removed fmm the laztdseaped areas in the right-af--way. .Plants shall be those items which would be scientifically classified as plants and inel~zde but are not lizxaited to trees, grass, ar shrubs. If at any tune after the execution of this Agreement by the Owners, it shall come to the attention of the City that the landscaping is not properly maintained pursuant to the terms and conditions of this Agreement, then the City may at its option issue a written notice that a deficiency or deficiencies 2 exist, by sending a certified letter to the Owners. Thereafter, the Owaaers shall have a period of thirty {30} calendar days within which to correct the cited deficiencies. If saki daficie~zcies are not corrected within this tixaae period, the City may at its option, praceed as fellows: (a} Maintain the landscaping ar part thereof, and invoice the Owners fear expenses incurred; {b} Terminate Chas Agreement azad a°equire the Owner to cozaaply with the City's current Ordinance on landscaping; or {c:} Cite tl~e dWVtter for failure to comply with the City's Landscape Ordinance. 6. At all tunes hereto, the Owners shall awn and maitltaial the Landscape Iu~provements. 7. If far any reasatt the City decides that it needs the right-of-~vay of U.S. highway Na. 1. {ilea N.E. 6~ Avenue} and.~ar East Atlantic Avenue as further set forth on the glans far the Landscape Improvements, attas~hed hereto as Exh~bit ='D", ar for any other public purpose, this Agreement sill terminate, and rho Owner shall be rerluired to carnply with the City's current Code of Ordinances regarding landscape requirements. Owner shall remove all ,landscaping frarra the rightWof way within 20 days of such notification., if so requested ray the City. 8. Owners, in consideratian of the mutual covenants set forth herein, agree to defend, indemnify, and hold harmless the City, its agents, officers, employees and servants from any azad all claims, suits, causes of action ar any claim whatsoever made, and darzaages, which may result from the placement or existence of the Landscape Irnpravements. Owners further agree to hold the City, its agezrts, officers, employees arzd servants harmless for any damage to the Landscape frnpravements. It is understand that any cast far replacerr~ent of landscaping or repairs to the ixaaprovemeuts shall be the Owners' responsibility, and the City will not he held liable for any damage as a part of rho xnainterrance or canstructian within the said public right-a~ way except as set forth herein. 9. "flxis Agreement shall constitute th.e entire Agrceraent of the parties with respect to the subject matter of it. All prier understandings ar~d agreerxtents between tkze parties with respect is such matters are merged iota this Agreement, which alone fully and completely e~cpresses their ursderstanding. 7.0. This Agreez~xcnt may ~aat be assigned or trazzsferred by the Owner, in whole ar part, withaut the written cansent of the City. 11. This Agreement shall he binding on the l?arties, their respective heirs, successors, legal representatives, and permitted assigps and sha11 be recorded in the Public Records of Palm Beach County and shall run with the land. l~. 'Phis Agreement shall be gave~erl by and constz~.ed in accardance with the laws of the State of Florida. 3 ITT ~7VITNESS ~REOP, the parties hereto have caused this A~'eeLnent to be duly executed on their behatf this „~ day a#' , 201.1. ATTEST: City Clerk.~~ ~w ,~....r,~~,.... Approved as to Iea1 farm and sufficiency: City Attorney ~4'ITI~IESSES: Printed Name: Printed Name: C][T~'' Ole' DEI,]E2AY LEACH, I~~OftIL~A I3y: Nelson 5. McDuf-e, Mayor IIEVELCJPER. +~pS DEL1Y R.EI~E~E~:.,C~I"l~dtE]~iT, LI.~, a Plarida limited liability company By; CllS Group holdings, LLC, a Flarida limited liability company By: Williaxrt H. Milmoe, president '~X'I`1~TESSES: Printed Nacz~e: Printed Name: By: Vi7illiam H_ Milrnae, president CDR ATLANTIC 1'LA~A, LTD., a lrtlorida limited partnership $y. Delaray Iiistt-ric, Inc., a ~'larida Corporation, its sole general parer 4 S'ii'ATE ~F ~'(}UNTX t~F The Foregoing instrument was acknowledged before me this day of 2011, by -- , as (name of officer or agent, title of officer or agent}, of {name of corporationx acknowledging), a (state or place of ixicarporation} corporation., on behalf of tli.e corporation. HelShe is personally known to me or leas produced .~ (type of identification) as identification. Signature al`Person Takiaig Acknn~vledgment T~7ame `T'yped, Pziuted or Statxiped S'T`A,.TE C)F ~01~i'~I"li`Y (~F Tlie faregoixig ixistrurxzent was ackriawledged before one this day of , 2011, by _ _ ,,,, . as (name of officer or agent, title aT` officer ar agent}, s~f (name of corporation ackaowledging}, a (state or place of incorporation} cgrporatioxi, on behalf aF die e<azporation. Tie/She is personally known to me or has produced {type of identification) as identification. Signature of Person 'T`aking Acknowledgment Name Typed, Printed or Stamped List €~f Exhibits Exhibit "A" - Legal Description of the Properrties Exhibit `°S" - Approved Site Plan for the Properties Exhibit "C': ~ Approver! Landscape flans fnr the Properties Exlaibit.~D" ~ Landscape Impro~uaauents in iZighf of Way E~hihit cc~~: ~e al Desert tiote of the ~Pw© ewtie~ ALL OF BLOCK 116, TOWN OF LINTON (NOVJ DELRAY BEACHi), ACCORDING TO THE FLAT THEREOF AS RECORDED IN PLAT BOOK. 1, PAGE 3, LESS THE SOUTH 7.{} FEET THEREOF AND LESS TEAT PORTION FOR ADDITIONAL ROAD RICrHT OF WAY FOR N.E. 6TH AVENUE {U.S.I~IIGHWAY NO. 1) AS RECORDED IN RC_lAD PLAT BOOK 2, PAGE 210, ALL BEING RECORDED IN THE P€~~BLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. TOGETHER WITH; THAT PORTION OF N.E. 7TH AVENC7E RClAD RIGHT OF WAY LYING EAST OF AND AD;CACENT TO BLOCK 1.16, TOWN OF LINTON SOW DELRAY BEACH), ACCORDING TO THE PLAT THEREOF' AS RECORDED 1N PLAT BOOK 1, PAGE 3, 1'L1"BLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. AND; ALL OF THE PLAT OF ATLANTIC PLAZA, ACCORDING TO THE PLAT TI-IEREOF AS RECORDED IN PLAT BOOK 50, PACrE 129, 'PT ]BLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. 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BACKGROUND On May 1, 2011, the City publicized a Request for Qualification (RFQ 12-20llNS) to obtain qualified firms and/or individuals to provide miscellaneous services, including: Real Estate Professionals, Appraisal Services and Title Agencies, for NSP properties. Responses were received on June 1, 2011, from five (5) companies, all five (5) of which were determined to be qualified to provide services for title and closing, appraisals and real estate professionals in accordance with City purchasing policies and the specifications of the RFQ. A tabulation of responses is attached for your review. The total cost of services for title and real estate companies is estimated at $150,000. Staff is recommending the following companies be approved for the professional services designated after executing the required agreement with the City. Title Agency Simon and Schmidt Smart Title and Settlement Services, LLC Appraisal Services Callaway & Price Inc. Real Estate Services Mangrove Realty Exchange, Inc. Smart Property Moves, LLC FUNDING SOURCE Neighborhood Stabilization Program - 118-1935-554-34.90 RECOMMENDATION Staff is recommending City Commission approval of the list of qualified vendors in response to the City's RFQ 12-20llNS, contingent on the same being approved by the Florida Department of Community Affairs. O ~ U V w w .~ w~~ vy Z w U d w ~ ~ H W FQ- Q ~ Q Q J w U w U ~ F - cn w Q~ O W 2 J W J W J W Jam„ ~ U ,~ Q u U j. ~ ~ '~ ~ ~ ~ ~ ~ S u ~ ?- ~ i .~ O ~ p r ~ ~ ~ ~~ C ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ X oy0 O ~ ~ ~ ~ c71 ~ T~ ~. ~ N '~ '~ N i : ca N Q~ ~ GO cD i ~ l0 -i ~ ~ _ l.D f0 ~ u1 C ~ L11 i ~- ll~ f0 r lD Q- ~ ~ ~ ~. W ~ a~ ~ Y ~` V ~ W O ~ p Y / n v ~ 4 4 ~--~ ~ o 0 0 0~ ~~ ~ M ~ t~-~ ~~ 'n~ uo ~~ ~m ~~ ~ ~ ~ v z ~ N ..~ N ~~ ~ a G~ ~ ~ t`'Dn U rn v~ d u1 d ui ~ ~ ar ~ ,~ W ~ ~ ~ ~ ~ r--1 ' ~ Ut ~ L( 1 C13 ~ ~~' ~ f` ~~ F_ Cd`r' H ~ i ~ v i w m v u a u m ^~ U, w u ~ ELI ~n i c n ~ LLi ~ ~ C~ ~ ~ ~ Q _ ~ w d °® ~ ~ ~ N d ~ Z ¢ ~ d m ~ ~ ~.. w ~ ~ t~ y ~ ' ~m ~Q C3 ~- m ~ wr ~° ~w ~° ~w m wa o~ ~ -- ~i+ ~ ~ ~ d ~ z ~ J Q ~ Q K W ri ~ C71 N N ~ ~ .. ~ O u j u- W W tD w M w a5 ~' ~ ~ .~-+ d Q d o o ~ d ~~ O ~ ~ ~ •~ ~ o d ~ d i2. Q ~ ~ p ~C ~ ~ 0 0 . +., a ~ o Q L ~ W ®~ U a ~ N r .N Cd F°' -~ ' O i ~ z - V '~ F° W W W Z ~ Q w O ~ w ® J U QS w D w cn d Q S °~ CJ a ~ Z Q i O \ z N J z ~ W ~ ~ UI Q~ z ~ (Y ~~- W ~ ~' Z ~ ~ Q~ '~ Ll. ~-' a Z ~ U ~ F' C7 Q Q N ` ~O ~I° ~ ~ Q~ Q QV J ~ ~ W V1 N N cn U MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: June 16, 2011 SUBJECT: AGENDA ITEM 8.I. -REGULAR COMMISSION MEETING OF .TUNE 21, 2011 RESOLUTION N0.23-11 ITEM BEFORE COMMISSION This is a resolution assessing costs for abatement action required to remove nuisances on six (6) properties throughout the City. BACKGROUND The resolution sets forth the actual costs incurred and provides the mechanisim to attach liens against the properties if the assessments remain unpaid. RECOMMENDATION Recommend approval of Resolution No. 23-ll. RESOLUTION NO. 23-11 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY PEACH, FLORIDA, PURSUANT TO CHAPTER 100 OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY PEACH, ASSESSING COSTS FOR APATING NUISANCES UPON CERTAIN LAND(S) LOCATED WITHIN THE CITY OF DELRAY PEACH AND PROVIDING THAT A NOTICE OF LIEN SHALL ACCOMPANY THE NOTICE OF ASSESSMENT; SETTING OUT ACTUAL COSTS INCURRED PY THE CITY TO ACCOMPLISH SUCH APATEMENT AND LEVYING THE COST OF SUCH APATEMENT OF NUISANCES; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ON ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO PE ALIEN UPON THE SUPJECT PROPERTY FOR UNPAID ASSESSMENTS. WHEREAS, the City Manager or his designated representative has, pursuant to Chapter 100 of the Code of Ordinances, declared the existence of a nuisance upon certain lots or parcels of land, descnbed in the list attached hereto and made a part hereof, for violation of the provisions of Chapter 100 of the Code of Ordinances; and, WHEREAS, pursuant to Section 100.21 and 100.22 of the Code of Ordinances of the City of Delray Peach, the City Manager or his designated representative has inspected said land(s) and has determined that a nuisance existed in accordance with the standards set forth in Chapter 100 of the Code of Ordinances, and did famish the respective owner(s) of the land(s) described in the attached list with written notice of public nuisance pursuant to Sections 100.21 and 100.22 of the Code of Ordinances describing the nature of the nuisance(s) and sent notice that within seven (~ days from the date of said notice (forty-two (42) days in the case of violation of Section 100.04 pertaining to seawalls) they must abate said nuisance, or file a written request for a hearing to review the decision that a nuisance existed within five (5) days from the date of delivery of said notice, failing which the City of Delray Peach would proceed to correct this condition by abating such nuisance, and that the cost thereof would be levied as an assessment against said Pr'olre~ % an~ WHEREAS, the properly owner(s) named in the list attached hereto and made a part hereof did fail and neglect to abate the nuisance(s) existing upon their respective lands or to properly request a hearing pursuant to Section 100.21 and 100.22 within the time limits prescnbed in said notice and Chapter 100 of the Code of Ordinances, or if the properly owner(s) did request and receive a hearing, said property owner(s) failed and/or neglected to abate such nuisance(s) within the time designated at the hearing wherein a decision was rendered adverse to the property owner(s); anc~ WHEREAS, the City of Delray Peach, through the City Administration or such agents or contractors hired by the City Administration was therefore required to and did enter upon the land(s) descnbed in the list attached and made a part hereof and incurred costs in abating the subject nuisance(s) existing thereon as described in the notice; and, WHEREAS, the City Manager of the City of Delray Peach has, pursuant to Chapter 100 of the Code of Ordinances of the City of Delray Peach, submitted to the City Commission a report of the costs incurred in abating said nuisance(s) as aforesaid, said report indicating the costs per parcel of land involved; and, WHEREAS, the City Commission of the City of Delray Peach, pursuant to Chapter 100 of the Code of Ordinances desires to assess the cost of said nuisance(s) against said property owner(s), NOW, THEREFORE, PE IT RESOLVED PY THE CITY COMNIISSION OF THE CITY OF DELRAY PEACH, FLORIDA AS FOLLOWS: Section 1. That assessments in the individual amounts as shown by the report of the City Manager of the City of Delray Peach, involving the Cites cost of abating the aforesaid nuisances upon the lots or parcels of land described in said report, a copy of which is attached hereto and made a part hereof, are hereby levied agair~5t the parcel(s) of land described in said report and in the amount(s) indicated thereon Said assessments so levied shall, if not paid within thirty (30) days after mailing of the notice described in Sec. 3, become a lien upon the respective lots and parcel(s) of land described in said report, of the same nature and to the same extent as the lien for general city taxes and shall be collectible in the same manner as mortgages and foreclosures are under state law: Section 2. That such assessments shall be legal, valid and binding obligations upon the property against which said assessments are levied Section 3. That the City Qerk of the City of Delray Peach is hereby directed to immediately mail by first class mail to the owner(s) of the property, as such ownership appears upon the records of the County Tax Assessor, notice(s) that the City Commission of the City of Delray Peach at the , une 21, 2011 meeting has levied an assessment against said properly for the cost of abatement of said nuisance by the City, and that said assessment is due and payable within thirty (30) days after the mailing date of said notice of assessment, after which a lien shall be placed on said properly, and interest will accrue at the rate of 8% per annum, plus reasonable attome~s fees and other costs of collecting said sums. A Notice of Lien shall be mailed along with the Notice of Assessment and this resolution. Section 4. That this resolution shall become effective thirty (30) days from the date of adoption and the assessment(s) contained herein shall become due and payable thirty (30) days after the mailing date of the notice of said assessment(s), after which a lien shall be placed on said Res. No. 23-ll properly(s), and interest shall accrue at the rate of eight (8) percent per annum plus, if collection proceedings are necessary, the costs of such proceedings including a reasonable attome~s fee. Section 5. That in the event that payrr~ent has not been received by the City Clerk within thirty (30) days after the mailing date of the notice of assessrrtent, the City Qerk is hereby directed to record a certified copy of this resolution in the public records of Palm Peach County, Florida, and upon the date and time of recording of the certified copy of this resolution a lien shall become effective on the subject properly which shall secure the cost of abatement, interest at the rate of 8%, and collection costs including a reasonable attome~s fee. PASSED AND ADOPTED in regular session on this 21St day of June, 2011. MAYOR ATTEST: City Clerk This instrument was prepared by: Brian Shutt, City Attorney 200 N.W. 152 Avenue Delray Beach, Florida 33444 Res. No. 23-ll COST OF ABATING NUISANCES UNDER CHAPTER 100 OF THE CODE OF ORDINANCE PROPERTY DESCRIPTION OWNER ASSESSMENT 513 UDELL LANE DELRAY SHORES LOT 6 BLOCK 5 CASE NBR 11-12855 PCN 12 43 46 07 01 005 0060 Deborah A. Johnson 513 Udell Lane Delray Beach, FL 33445 81.50 nv. No. 36924 $ 55.00 Admin Fee $ 136.50 NW 15TH AVENUE 17-46-43, E 50 FT OF W 583 FT OF S 139.9 FTOFN312.4FTOFN 1/20FNW 1/40FSW 1/4 OF NW 1/4 CASE NBR 09-00102550 PCN 12 43 46 17 00 000 3040 revor Goodrum and Karen McNair 1110 NW 11th Street Fort Lauderdale, FL 33311 75.00 nv. No. 36169 $ 55.00 Admin Fee $ 130.00 41 SW 7TH AVENUE TOWN OF DELRAY S55FTOFN540FTOFW 135 FT OF BLOCK 13 CASE NBR 09-00106318 PCN 12 43 46 16 01 013 0070 ames Gross 41 SW 7th Avenue Delray Beach, FL 33444 95.00 nv. No. 35168 $ 55.00 Admin Fee $ 150.00 660 CARL BOLTER DRIVE TROPIC PALMS PL 2 LOT 527 CASE NBR 09 00106977 PCN 12 43 46 29 04 000 5270 Sandra C. Dugdell 660 Carl Bolter Drive Delray Beach, FL 33444 150.00 nv. No. 35165 $ 55.00 Admin Fee $ 205.00 JEFFERSON ROAD COUNTRY CLUB ACRES 2ND ADD LOTS 68 AND 69 CASE NBR 10-00001608 PCN 12 42 46 13 03 000 0680 Arturo Gutierrez and Marta I. Gutierrez 3621 NW 108th Drive Coral Springs, FL 33065 83.25 nv. No. 35571 $ 55.00 Admin Fee $ 138.25 VIOLATION IS: SECTION 100.01- LAND TO BE KEPT FREE OF DEBRIS, '! VEGETATION AND MATTER CONSTITUTES HAZARDS; DECLARED , NUISANCE RES NO. 23-11.x1s COST OF ABATING NUISANCES UNDER CHAPTER 100 OF THE CODE OF ORDINANCES PROPERTY DESCRIPTION OWNER ASSESSMENT 2712 LAKE IDA ROAD DELRAY SHORES 1ST ADD LOT 13 BLOCK 12 PCN 12 43 46 07 02 012 0130 Emmanuela M. Presumey CASE NBR 10 00005551 2712 Lake Ida Road Delray Beach, FL 33445 $ 23.00 Inv. No. 35575 $ 55.00 Admin Fee $ 78.00 VIOLATION IS: SECTION 100.01- LAND TO BE KEPT FREE OF DEBRIS, VEGETATION, AND MATTER CONSTITUTES HAZARDS; DECLARED NUISANCE 2 RES NO. 23-11.x1s MEMORANDUM TO: Mayor and City Commissioners FROM: Timothy Tack, Project Manager ESD/CRA Richard C. Hasko, Environmental Services Director THROUGH: David T. Harden, City Manager DATE: June 15, 2011 SUBJECT: AGENDA ITEM 8..T. -REGULAR COMMISSION MEETING OF .TUNE 21, 2011 CONSULTING S.A. 07-05.1/KIMLEY HORN AND ASSOCIATES, INC. ITEM BEFORE COMMISSION Request for Commission approval and authorization for the Mayor to execute service authorization #07- 05.1 with Kimley-Horn and Associates, Inc (KHA) for design of the Federal Highway Enhancements Project #2009-009. The cost of this Service Authorization is $113,400.00. BACKGROUND On May 12, 2009, Commission gave approval to move forward with design of permanent modifications to US 1 between SE 10th Street and George Bush Blvd. The permanent modifications include the following: The proposed general modifications to US-1 (5th and 6th Avenues) will be complete reconstruction of two blocks north and south of Atlantic Avenue (between SE 2nd Street and NE 2nd Street) and milling and resurfacing the remainder of the project limits where existing curb and sidewalk will remain in place. New decorative street lighting will be designed within the reconstruction area between SE 2nd and NE 2nd Streets. Existing street lighting will be retained for the remainder of the project. On street parking will be included within the final construction documents. Bump-Outs will be constructed in the radius returns of the intersecting side streets located within the limits of the milling and resurfacing portion of the project. Drainage modification will be required to accommodate the Bump-Outs. Midblock Bump-Outs will be provided without connection to existing curb and gutter to maintain drainage flow along existing curb and gutter. On street parking will be one of the design elements for inclusion in the final construction documents. Landscaping and irrigation will be designed for both sides of 5th and 6th Avenues. Landscaping and irrigation will be located in the "Bump-Outs" within the milling and resurfacing portion of the project, and in the reconstruction area between SE 2nd Street and NE 2nd Street. . There are three proposed Signalized intersections. Provide an underground traffic signal interconnect system along both 5th and 6th Streets within the limits of reconstruction. Provide signal loop replacement design for all intersections due to milling and resurfacing. . Prepare limited water main construction plans for a maximum of four crossing locations (from east to west right-of-way lines of 6th Ave). This agenda item is for the approval of additional design services due to potential conflicts between the proposed improvements and existing underground utilities. Subsurface utility exploration is required to locate the existing utility lines to resolve potential conflicts in the design phase prior to construction. The potential conflicts include locations at proposed signal poles, landscaping, drainage structures and water main lines. Prior to the start of the project an estimated amount for this service was included in the fee proposal but was later removed. Now that the scope of the underground work is clearer, it is necessary to obtain the subsurface utility information to continue with the design phase. FUNDING SOURCE Funding will be provided as follows: #334-3162-541-68.52 $38,400.00 #442-5178-536-68.52 $15,000.00 #448-5461-538-68.52 $60,000.00 Total: $113,400.00 Community Redevelopment Agency W&S Renewal & Replmt Fund Storm Water Utility Fund RECOMMENDATION Staff recommends approval. CONSULTING SERVICE AUTHORIZATION DATE: SERVICE AUTHORIZATION NO. 07-05.1 FOR CONSULTING SERVICES CITY P.O. NO. CITY EXPENSE CODE This Service Authorization, when executed, shall be incorporated in and shah become an integral part of the Contract between the parties as amended on July 18, 2007. TITLE: FED HWY ENHANCEMENTS Federal Highway Enhancements (From S. of S.E. lOr" Street to North of George Bush Blvd.) Subsurface Utility Exploration The City of Delray Beach and the Delray Beach CRA entered into contract with Kimley-Horn and Associates, Inc. ("KHA") to provide final design services for the referenced project on 12/8/2009. Kimley-Horn and Associates, Inc. ("KHA") is pleased to submit this service authorization request to the City of Delray Beach ("Client") for providing subsurface utility exploration services. Our project understanding, scope of services and fee follow. PROJECT UNDERSTANDING Due to potential conflicts between the proposed improvements and existing underground utilities, subsurface utility exploration is required to locate the existing utility lines to resolve potential conflicts in the design phase prior to construction. The potential conflicts include locations at proposed signal poles, landscaping, drainage structures and water main lines. Prior to the start of the project an estimated amount for this service was included in the fee proposal but was later removed. Now that the scope of the underground work is clearer it is necessary to obtain the subsurface utility information to continue the design phase. SCOPE OF SERVICE KHA will use the services of a subconsultant to perform the subsurface utility exploration and provide horizontal and vertical information for test holes at certain locations based on the anticipated number of locations specified below. Utility above ground designation 1. Coordinate fieldwork to perform designation of existing utilities 2. Horizontally designate the existing utilities (provide horizontal alignment of the detectable subsurface utilities as determined from the surface). Sweep the area along the probable path of the existing utility using standard electromagnetic techniques and ground penetrating radar (GPR) as required. Review the Technical Limitations section that follows for additional information about the process and limitations of this service. C:ADocuments and SettingsMack\Desktop~PPL_20110614_Fed Henry City Revised2.doc Page 1 Of S 3. Mark on the surface, at appropriate intervals, the approximate horizontal location of the facility. Utilities designated will be marked on the surface with pink spray paint. 4. Mark the utilities found on sketch. VACUUM EXCAVATIONS (expose and record horizontal and vertical data): 1. Coordinate fieldwork. 2. Notify the Sunshine One-Call system in accordance with State Law. 3. Provide vacuum excavation services at selected areas, to expose and confirm the facility and to provide accurate horizontal and vertical data (a test hole): a) neatly cut and remove any sod, asphalt or concrete surface at the selected locations, b) use vacuum excavation techniques to safely expose the facility, c) measure and record the depth to the top of the facility, d) backfill the test hole with native soil, compact in lifts and provide a restoration of the surface. Compaction will be performed with a hand held tamper, density tests will not be taken. Review the Technical Limitations section that follows for additional information about the process and limitations of this service. 4. Install an identifiable above ground marker at the test hole location. Field markers will consist of a nail and disk in asphalt, or iron rod and cap with survey stake in grassed areas. The test hole number and utility will be identified on the ground or on the stake, as appropriate. 5. Prepare and provide a report of the test hole results. TECHNICAL LIMITATIONS: Services will be provided with due diligence and in a manner consistent with standards of the subsurface utility locating industry. Every reasonable effort will be made to locate all utility systems of interest whether indicated on record plans available to us or not. However, no guarantee can be made that all existing utility systems can be detected, located or exposed. It may not be possible to detect utilities without prior knowledge, such as systems that are not depicted on record prints available to us. Typically the horizontal location effort will include electromagnetic induction, power source detection, and ground penetrating radar (GPR). Electromagnetic induction is a method in which a transmitted signal is applied to a metallic target. As long as the target is metallic and unbroken, the target can be traced and a receiver at the surface is used to detect the transmitted signal. If the signal cannot be applied directly to the target, induction maybe produced from the surface. In this scenario bleed-off of the transmitted signal to an adjacent facility is possible, sometimes resulting in erroneous information. PVC, HDPE, concrete pipe and other non-metallic facilities cannot be located by electromagnetic methods. Power source detection is a technique used to locate naturally occurring magnetic fields that exist around cables while generating a signal (electric, telephone, CATV for example). Ground penetrating radar (GPR) is available to assist in locating non-metallic utilities and other facilities that are unidentifiable using traditional electromagnetic techniques. The accuracy of these techniques is subject to the limitation of the available technology and certain factors and field conditions beyond our control, such as the size, depth and conductivity of the target, the site conditions and access, soil conditions, depth to water table and the existence of C:ADocuments and SettingsMack\Desktop~PPL_20110614_Fed Henry City Revised2.doc Page Z Of S adjacent buried materials and debris. The targeting of subsurface utilities, although highly reliable, is expressly understood to represent an approximate location of the facility marked on the ground surface. Facilities located from the surface are usually found within two feet of the surface mark. Once a possible facility has been located from the surface, vacuum excavation services should be used to visually verify and to provide the accurate horizontal location and vertical measurements (a test hole). Vacuum excavation techniques are used to provide acost- effective service that causes minimal disturbance to the site, the utility, vehicle traffic, and is acceptable to the permitting agencies. The size of the test hole excavation is kept to a minimum, in most cases the nominal size of a test hole is 8" x 8". This service represents the best available data on subsurface utilities given acost-effective investigation using air/vacuum excavation. Visual verification in the test hole below the water table is not possible. An air lance probe can be used in these instances to a reasonable depth of approximately 6 feet, although results to greater depths may be possible. The bottom of the utility pipe and conduit is sometimes not directly available and in most cases can be derived from the crown of the pipe and the pipe diameter. Pipes with a diameter of 16"or less can usually be determined by exposing a potion or the entire pipe as needed. If pipe diameter is critical on pipe facilities greater than 16", additional test holes may be required to obtain both edges. The bottom depth of multiple conduit and encased duct banks is determined by excavating down one edge of the utility. Additional test holes are needed to accurately document edges, configuration and top and bottom depths. Conditions under multiple or encased duct bank facilities cannot be excavated and therefore the existence of another facility cannot be confirmed. It is important to remember that the bottom edge of the facility may not represent its lowest point, and the shape or configuration of the facility may not be the same on both sides. Locating underground utilities is not an exact science. The reporting of a negative result (no facility found) should not be used as a positive determination that the subject area is clear of all facilities or that the facility does not exist. KHA will not be responsible for utilities that cannot be located with the equipment and techniques provided, or those located underneath other utilities. Where vacuum excavation services are used and no utility is found at the mark provided by the utility at a depth of 5 feet, the excavation will be backfilled, referenced and invoiced as one test hole. ADDITIONAL SERVICES Upon your authorization, we will provide any additional services that may be required beyond those described in the scope of services above. These services may include but are not limited to such items as the following: ^ Additional utility designation. ^ Vacuum excavation for additional test holes. SCHEDULE KHA will begin work upon receiving authorization from the City to incorporate the information with the Federal Highway design schedule. C:ADocuments and SettingsMack\Desktop~PPL_20110614_Fed Henry City Revised2.doc page 3 Of S Fee and Expenses KHA will perform the services in the tasks below for the total Iump sum fee below. Fees will be invoiced monthly based on the actual amount of service performed and expenses incurred. Payment will be due within 25 days of your receipt of the invoice. Individual task amounts are informational only. All permitting, application, and similar project fees will be paid directly by the Client. Reimbursable Expenses billed under this contract could include: in-house duplicating, local mileage, facsimiles, postage, express delivery services, large-format color printing, construction drawing printing, specification printing, and other out-of--house printing. Optional services will be billed on a lump sum basis after written authorization from City to start those services or a portion thereof. Additional services which maybe identified as needed at a later time will be negotiated at that time. Subsurface Utility Exploration Services related to Si~nais, landscape, drainage, street ii~hts and other proposed improvements: Survey of designation $7,500 MOT 2 000 Field meeting coordination $1,500 Utility above ground designation/GPR ($1,400 per day at 10 days) $14,000 Test holes (260each @$290 per hole) 75 400 Survey test holes (200 each @ 60 per hole) 12 000 Reimbursable Expenses $1,000 Total Labor Fee $113,400 C:ADocuments and SettingsMack\Desktop~PPL_20110614_Fed Henry City Revised2.doc Page 4 Of S This service authorization is approved contingent upon the City's acceptance of and satisfaction with the completion of the services rendered in the previous phase or as encompassed by the previous service authorization. If the City in its sole discretion is unsatisfied with the services provided in the previous phase or service authorization, the City may terminate the contract without incurring any further liability. The CONSULTANT may not commence work on any service authorization approved by the City to be included as part of the contract without a further notice to proceed. Approved by: CITY OF DELRAY BEACH: KIMLEY-HORN AND ASSOCIATES, INC. Date Date Mayor Witness Witness Attest: By: (Seal) Approved as to Legal Sufficiency and Fonn Attest: BEFORE ME, the foregoing instrument, this day of , 2011 was acknowledged by on behalf of the Corporation and said person executed the same free and voluntarily for the purpose there-in expressed. Witness my hand and seal in the County and State aforesaid this day of 2011. Notary Public State of Florida My Commission Expires: C:ADocuments and SettingsMack\Desktop~PPL_20110614_Fed Henry City Revised2.doc page S Of S Q ca 0 .~ O J m t N m O C~ any u~9 3N-3S ~ any u~S 3N-3 cn ~ ~ w o W ~ r Z W a a :~ ~, ~, fia -.a ~: ss-~ ,~ C~ U c~ a~ m c~ i N 0 0 N From: Costello, JefF Sent: Thursday, June 16, 2011 11:40 AM To: Krejcarek, Randal Cc: Hayward, Lori; Colonna, Diane Subject: US 1 Soft Dig SA Randal; Per the ILA for FY 10-11, the CRA will be able to fund the $38,400 for the soft digs, as indicated in the attached City Commission documentation. Jeff Jeffrey A. Costello, AICP Assistant Director Delray Beach Community Redevelopment Agency 20 North Swinton Avenue Delray Beach, Florida 33444 Phone: 561 /276-8640 Fax: 561 /276-8558 From: Krejcarek, Randal Sent: Thursday, June 16, 2011 11:35 AM To: Costello, JefF Subject: US 1 Soft Dig SA Jeff, Can you please respond to this email indicating that the CRA will fund $38,400 of the attached agenda item? Thanks! Randal L. Krejcarek, P.E., LEED AP, GISP City Engineer Delray Beach, FL Ph: 561.243.7322 Fx: 561.243.7060 kreicarek(a~MyDelrayBeach.com MEMORANDUM TO: Mayor and City Commissioners FROM: Anthony Strianese, Chief of Police Cerina Anderson, Program Manager THROUGH: David T. Harden, City Manager DATE: June 15, 2011 SUBJECT: AGENDA ITEM 8.K. -REGULAR COMMISSION MEETING OF .TUNE 21, 2011 CITY OF DELRAY BEACH SUB-RECIPIENT FUNDING AGREEMENT/DELRAY YOUTH VOCATIONAL CHARTER SCHOOL ITEM BEFORE COMMISSION The item before Commission is an Agreement for Funding and Acceptance of Funds between the City of Delray Beach and the Delray Youth Vocational Charter School for the sum of $15,000. The funding is being extended to the Charter School to support the salary of a Social Worker entrusted with providing the students individual and group counseling sessions during the academic period. BACKGROUND The City of Delray Beach has supported the Delray Youth Vocational Charter School's efforts of providing group and individual counseling to those students receving ESE and Non-ESE Services at the Charter School. The continuous funding support provided to the City from the Palm Beach County Criminal Justice Commission has ensured uninterrupted services for these students. FUNDING SOURCE Funding for the salary of the Social Worker is being provided to the City of Delray Beach through the PBC Criminal Justice Commission. Funding is provided to the County through FDLE's Justice Assistance Countywide Grant. RECOMMENDATION Staff recommends approval of the sub-recipent funding agreement. AGREEMENT FOR FUNDING AND ACCEPTANCE OF FUNDS BETWEEN THE CITY OF DEFRAY BEACH AND Delray Youth Vocational Charter School April 1, 2011 --September 30, 2011 THIS AGREEMENT FOR FUNDING AND ACCEPTANCE OF FUNDS {"Agreement") entered into this 21st day of April 2011 between the City of Delray Beach, hereinafter referred to as "City" and Delray Youth Vocational Charter School, hereinafter referred to as "AGENCY", having its principal office located at 601 !North Congress Ave., Suite 116, Delray Beach, Ft_. 33445, provides $15,000 in funds provided by the Palm Beach County Criminal Justice Commission, allocated March 31, 2011 to support contracted Defray Beach Weed & Seed projects know referred to as the Coalition far Community Renewal), upon the following terms and conditions: The awarded funds are allocated as follows: $15,000 is allocated to support the positions of Social Worker's for the Charter School's program. Counseling sessions will be provided to students receiving ESE and 1 or Nan ESE services at the DELRAY YOUTH VOCATIONAL CHARTER SCHOOL (outlined in Exhibit "A") from April 1, 2011 through September 30, 2011 conditional upon submission of a letter of non-supplanting of funds. 1. Definitions: a. "City" means the City of Delray Beach, Florida b. "W&S" means Delray Beach Weed and Seed (now referred to as the Coalition for Community Renewal or CCR) c. "The Agency" means Defray Youth Vocational Charter School (DYVCS) d. "NAB" means the Delray Beach CCRI Weed & Seed Neighborhood Advisory Board 2. Purpose of Work: The purpose of this agreement is to state the covenants and conditions under which AGENCY will implement the agreed upon scope of work supported by the allocation of award funds. The Scope of Service in Exhibit "A" outlines the specific deliverables. The beneficiaries of a project funded under this agreement should provide services to the students attending the Delray Youth Vocational Charter School, The Agency shall, in a satisfactory and proper manner as determined by the City, perform the tasks necessary ko conduc# the program outlined in this agreement and submit invoices for approved expenses outlined in Exhibit "A", provided hereto and made a part hereof. Payment requests and programmatic reports should be submitted simultaneously. The City agrees to disburse payments upon the receipt of invoices accompanied by the required programmatic reports and necessary data (as determined by the City), covering the month for which payment requested of the periods covering April 1, 2011 -September 30, 2011. Ali releases of funds shall further be in accordance with all sections of this agreement, contingent upon the continuation of the Criminal Justice Commission Contract, and subject to the approval of the Defray Beach CCRI Weed & Seed Program Manager. Disbursements will be available approximately one month following the execution of this agreement and approximately quarterly thereafter. All services shall be performed in a manner satisfactory to the City. The funding shale[ not exceed the City Manager approved dollar amount of $15,000 for the period of April 1, 2011 through September 30, 2091. All required documentation must be provided to the CCRIWeed & Seed Program Manager within 30 days of the completion of the project. 3. Time of Performance: The effective date of this agreement and all rights and duties designated hereunder are contingent upon the continued implementation of the contract between the Delray Beach Weed & Seed Project (CCR) and the Palm Beach County Criminal Justice Commission. The effective date shall be the date of execution of this Agreement, and the services of AGENCY shall commence upon that date. Payment of associated and approved expenses incurred as of April 1, 2011 will be processed. All service required hereunder shall be completed by AGENCY by September 30, 2019. 4. Subcontracts: Any work or services subcontracted hereunder shall be specifically by written contract, ar written agreement, and shall be subject to each provision of this agreement. Proper documentation in accordance with City, County, State, and Federal guidelines and regulations must be submitted by the Agency to the City and approved by the City prior to execution of any subcontract hereunder. fn addition, all subcontracts shall be subject to Federal, State, County, and City laws and regulations. None of the work or services covered by khis agreement, including but not limited to consultant work or services, shall be subcontracted or reimbursed without the prior written approval of the Delray Beach Weed & Seed (CCR} Program Manager. 5. Records and Reports: The Agency agrees to provide the City programmatic progress reports that outline the Delray Youth Vocational Charter School program activities, progress made, number of participants enrolled, problems encountered and proposed solutions monthly. These reports must be submitted to the Weed & Seed Program .Manager simultaneously with each invoice. Additionally, a final report summarizing results for the full project period (academic year of April 2011 -September 2011) is due within 30 days of completion of the project. Paymen#s will not be released without the submission of the required reports (completed and accurate} to the City, and on the resolution of monitoring or audit findings identified. The City shall have the right under this agreement to suspend or terminate payments until Agency complies with any additional conditions that may be imposed by the City or the Palm Beach County Criminal Justice Commission. The Agency agrees to retain supporting documentation relating to the activities funded hereunder and related service provisions (activities) for a period of khree (3} years, dating from September 30, 2x11. 2 6. Program-Generated Income: All income earned by Agency from activities fnanced by Palm Beach County Criminal Justice Commission funds must be reported to the City. In addition to reporting such income, Agency shall report to the City the procedure developed to utilize program income to offset project casts. If program income is used to extend the availability of services provided by the Agency through this agreement, the prior wriften approval of the City will be required. Accounting and disbursement of program income shall be consistent with the procedures outlined in the federal OMB Circular AW11 Q and other applicable regulations incorporated herein by reference. 7. Other Program Requirements (Civic RightslResident Opportunities): The Agency agrees that no person shall on the grounds of race, color, mental or physical disability, national origin, religion, or sex be excluded from the benefts o#, or be subjected to discrimination under, any activity carried out by the performance of this Agreement. Upon receipt of evidence of such discrimination, the City shall have the right to terminate this Agreement. The Agency certifies that required background screenings will be conducted on ALL employees and volunteers working with youth or other vulnerablelprotected individuals and have such available for review during Monitoring visits. To the greatest feasible extent, low-income residents of the project areas shall be given opportunities for training and employment; and #o the greatest feasible extent eligible business concerns located in or awned in substantial part by persons residing in the project target area shall be awarded con#racts in connection with the project. 8. Public Relations Requirement: Grantees shall acknowledge, to the extent feasible, the Weed & Seedl CCR funding of the project in annual reports, bulletins, publications, and other public relations activities of the grantee. 9. Evaluation and Monitoring: The Agency agrees that the City will carry out periodic monitoring and evaluation activities (through in-house and site visitation evaluations} as determined necessary by the City and that the continuation of this agreement is dependent upon satisfactory evaluation conclusions based on the terms of this agreement and comparisons of planned versus actual progress relating to project scheduling, budgets, audit reports, and output measures. The Agency agrees to furnish upon request to the City andlor Palm Beach County Criminal Justice Commission copies of transcriptions of such records and information as is determined necessary by the City. The Agency shall submit reports as outlined in #5 and at other times upon the request of the City, information and status reports required by the City, andlor Palm Beach County Criminal Justice Commission an forms approved 6y City to enable evaluation of said progress and to allow for completion of reports as required of the City by Palm Beach County Criminal Justice Commission. Agency shall allow the City or Palm Beach County Criminal Justice Commission to monitor Agency on si#e (at least annually}. Such visits may be scheduled in advance or unscheduled as determined by the Ciiy and Palm Beach County Criminal Justice Commission. 9t}. Audits and Inspections: At any time during normal business hours and as often as the City ar the Palm Beach County Criminal Justice Commission may deem necessary, there shall be made available by Agency to the City or the Palm Beach County Criminal Justice Commission for examination all its records with respect to all matters covered by this agreement. The Agency agrees to comply with the provisions of the Single Audit Act of 1984, as amended, as it pertains to #his agreement, The City will require AGENCY to submit a single audit, including any management letter, made in accordance with the general program requirements of OMB Circulars A-110, A-122, A-133, and ether applicable regulations within 180 days after the end of any fiscal year covered by this agreement. A Certified Public Accountant of the AGENCY'S choosing, subject to the City's approval shall make the audit. In the event AGENCY is exempt from having an audit conducted under A-133, the City reserves the right to require submission of audited financial statements andlor to conduct a "limited scope audit" of AGENCY as defined by A-133. 11. Increased Availability: The intent and purpose of this agreement is #o increase the availability of the Agency services to the community. This agreement is not to substitute for ar replace existing or planned projects or activities of 'the Agency. The Agency agrees to maintain a level of activities and expenditures, planned or existing, for projects similar to those being assisted under this agreement, which is not less than that level existing prior to this agreement. 12. Conflict of Interest Provision: The Agency agrees to abide by and be governed by OMB Circular A-110 pursuant to conflict of interest. The Agency further covenants that no person who presently exercises any functions or responsibilities in connection with the funded projects, has any personal financial interest, direct or indirect, in the activities provided under this Agreement which would conflict in any manner or degree with the performance of this agreement and that no person having any conflict of interest shall be employed by or subcontracted by the Agency. Any possible conflict of interest on the part of the Agency or its employees shall be disclosed in writing to the City, however, that this paragraph shall be interpreted in such a manner so as not to unreasonably impede the statutory requirements that maximum opportuni#y be provided for employment of and participation of lower- income residents of the project target area. 'I3. Suspensifln and Termination: If through any cause the Agency shall fail to fulfill (or materially comply in accordance with 28CFR 66.43) in a timely ar proper manner its obligations under this agreement, or if the Agency shah violate any of the covenants, agreements, or stipulations of this agreement, the City shall thereupon have the right to terminate this agreement or suspend payment in whole ar part by giving written notice to AGENCY of such termination or suspension of payment and specify the effective date of termination ar suspension. At any time during the term of this agreement, either party may, at its option and for any reason, terminate this agreement upon thirty t30} working days written notice to the other party. Upon termination for convenience or for cause, fhe City shall pay the sub-recipient Agency for satisfactory services rendered pursuant to this agreement through and including the date of termination. The agreement may be terminated for convenience in accordance with 28CFR 66.44. In the event the contract to the City with the Palm Beach County Criminal Justice Commission is suspended or terminated; this agreement shall be suspended or terminated effective on the date 4 the Palm Beach County Criminal Justice Commission specifies and ail payments are contingent upon the release of funds from the Palm Beach County Criminal Justice Commission. 14. Independent Contractor: AGENCY agrees khat, in all matters relating to this agreement, it will be acting as an independent contractor and that its employees are not City of Delray Beach empioyees and are not subject to the City provisions of the law applicable to City employees relative to employment compensation and employee benefits. 15, Public En#ity Crimes: By entering into this contract or performing any work in furtherance hereof, the contractor (sub- recipient Agency} certifies that it, its affiliates, suppliers, subcontractors, and consultants who will perform hereunder have not been placed an the convicted vendor list maintained by the State of Florida Department of Management Services within 36 months immediately preceding the date hereof. F. S. 287.133(3} (a} requires this notice. 16. Reversion of Assets: Upon expiration of this agreement, the sub-recipient shall abide by all relevant regulations pertaining to federal grant funding including, but not limited to: the Financial Guide, OMB Circular 110, and 24CFR Part 570. 17. Counterparts of the Agreement: This agreement contains all of the parties binding representation to one another. Any amendment or modification hereto must be in writing and is contingent upon approval by the City. 18. Hold Harmless and Indemnification Clause: Delra Youth Vocational Charter School and its affiliates, suppliers, subcontractors and consultants hereby agrees to promise to indemnify and hold harmless the "City" and its officers, agents, servants, or employees from and against any and all liability, claims, demands, damages, expenses including attorney's fees}, fees, cost, fines, penalties, suits, proceedings, actions and causes of action of any kind and nature arising from, or in any way connected with, the giving of andlor use of said funds. ~gen~cyPS~ab-recipient: Delray Ya~uth Vacatianai Charter Schaal Signed ~~. ~ ~ ~„ m".m pr~ n., f rlnt ~all'~e: ~ X~ ~~,.P ~.,,. [date ~~ ~:~~~ ~ ~~ '~,fITNESSES: CDate~ C1T`~ ®~ r~Eir~~~ ~E~c, ELQ~1D~ Signed Ry; Date: ~,TTEST: CITY CLERK Date: r~w. ~,. ~„~ °°~P~~ VE®AS T~ F~f ~„ ~ ~~~.~ CfTY ~TT~bRNEX ~~~e Exhrbrt "A" Scope of Service Introduction DYVCS serves students, including exceptional education students an consultation, between the ages of 16 and 21 who are economically disadvantaged or At-risk of dropping out of school or of academic failure. The students are referred by other students, parents, local schools, law enforcement, public defenders, probation officers, judges, andlor city and community leaders. The students andlor their parents or legal guardians must be residents of Palm Beach County, Florida. DYVCS provides an individualized academic plan for each student that enables rapid skill remediation as well as comprehensive preparation for a high school diploma or a GED Exit Option Diploma. In addition, DYVCS pravides automotive vaGatianal training and employability skill training enabling students to enter the workforce as more highly marketable and with a desirable income potential. Combining community resources with a life skills Gurriculum, DYVCS assists students in developing personal attitudes, goals, and objectives that enable each student to achieve his or her newly defined individualized goals. Delray Youth Vocational Charter School's underlying purpose is to provide academic remediation and achievement, life skills instruction, vocational training, and family support and assistance to students of Palm Beach County who are economically disadvantaged and who have not been successful in the mainstream educational setting. Our school serves students aged 16 to 21 aptly described by the state's definition of those eligible for dropout prevention and academic intervention (Section 1003.53 of the Florida Statutes}. These students have unsuccessful academic histories, excessive absences or habitual truancy, or historically disruptive behavior. Outcome Measures: • Social worker will service between ten and twenty students. • Students will receive one hour of individual counseling per week. • Social worker will work with families on an as-needed basis. • Group counseling and activities among students receiving services will be implemented to assist students' communication and coping skills among their peers. Program Reports The agency agrees to provide the City with programmatic progress reports that outline Delray Youth Vocational program activities, status of outcome measures, number of participants enrolled, problems encountered as well as the proposed solutions. These reports must be submitted to the CCRIWeed & Seed Program Manager simultaneously with each financial reimbursement request. Additionally, a final report summarizing results for the academic year (April 1, 2011 -December 30, 2011} is due by January 31, 2011. Reimbursement payments will not be released without the submission of the required reports (completed and accurate). Failure to submit the final repork will jeopardize future requests for funding. 7 Program Budget CCRIVIIeed & Seed agrees to provide $15,000 to subsidize the salary of a MSW 1 L.CSW to support its student counseling program. Counseling sessions will be provided to ESE and Non ESE students enrolled at the school. Funds will be provided on a reimbursement basis and will be dispersed subsequent to the receipt by the Delray Beach CCRIVIIeed and Seed Program Manager of the programmatic report described above along with a financial reimbursement request. Relevant support documentation will be required. ~e ~~ UelrayYaulhYocauonalCharterSchool March 15, 2011 Coalition for Community Renewal Attn: Ccrina Anderson 300 West Atlantic Avenue Delray Beach, FL. 33444 Dear Cerina, Delray Youth Vocational respectfully submits its proposal to Weed and Seed for ~ 15,000 to support the salary of a social worl{er position. Many of DYVCS's students expeeience personal or family issues that go beyond the need for academic remediation, dropout recovery, or the desire for automotive training. Our students have drug/alcohol addiction issues, paz•e~at or family Histories of abuse or dysfunction, low self esteem, histories of suicide attempts or other self destructive behaviors, poor communication skills, and many other issues. The ability to provide a trained counselor, familiar with clients battling cyclical poverty and cyclical illiteracy in addition to a wide range of other issues, would benefit our students in a myriad of ways. We look forward to exploring the possibilities with you. Thank you l~or considering our request and feel free to contact me if you have any questions about our pro~•am or this proposal. Sincerely, Marjorie Waldo .Principal 9 Categorical Subtotal 7"otaE Licensed Social Worker to provide 48D units of individual and group counseling sessions for social and emotional problems on an as needed $15,DDD.DD basis 3'1.25 x 480 units ~o MEMORANDUM TO: Mayor and City Commissioners FROM: Robert A. Barcinski, Assistant City Manager THROUGH: David T. Harden, City Manager DATE: June 15, 2011 SUBJECT: AGENDA ITEM 8.L. -REGULAR COMMISSION MEETING OF .TUNE 21, 2011 SPECIAL EVENT REQUEST/ART AND .TAZZ ON THE AVENUE ITEM BEFORE COMMISSION City Commission is requested to endorse the next Art & Jazz on the Avenue scheduled for August 18, 2011 from 6:00 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 the west side of NE/SE 6th Avenue, Railroad Avenue from Atlantic north to north side of the east/west alley, and to the alleys north and south of Atlantic on NE/SE 1st Avenue, NE/SE 2nd Avenue, SE 3rd Avenue, NE/SE 4th Avenue and to authorize staff support for security and traffic control, EMS assistance, banner hanging and removal, barricade set up and removal, trash removal and clean up. BACKGROUND Attached are the special event permit request, budget, and site plan for this event received from Sarah Martin. This event will include the West Atlantic Avenue Plaza. The estimate of overtime cost for this event is $8,088. Cost for the barricade rental is estimated at $150. Based on the event agreement, the Downtown Marketing Cooperative is to pay the City 35% for all costs plus the full cost of barricade rental. The estimated charge for this event is $2,980. Two (2) budgets have been submitted; one (1) if they do a separately charged concert at the Old School Square pavilion and one if this does not occur. The event producer does not know if the concert will take place at this time. If there is a separate concert, City costs may increase. RECOMMENDATION Staff recommends endorsement of the event, approval of the temporary use permits and street closures, staff support as requested, including barricades with payment of costs to the City per the agreement between the City and the Downtown Marking Cooperative. City of Delray Bead ~ ~ V ~ °E`w~Y a~acH Special Event Permit JUiV p ~ 2011 aEE.c~c~ty Application A~MIN15TftATlVESE13VIC~S' r ItEV~SEI~ Il.2.I0 ~ PLEA,5E 'T`YPE ®R PIt~NT 1g~~ 20b1 ~:. _._ r Event Date(s): ~ cj (o U ~~ ~~1/1 Tunes: Requesting street closure: yes ~ _ i~o (if yes, need tune/date for closure a~~d reopening) C~'~4SU~~° ~L~ (~ /~~ /~T y ~~' ~~ DLd.S!/K~ G~~"bpL=~tS !/17~'JC~p 1° oG~Dlvii~'6 •'~-.~~%t ~~i3'~ G~'~N~ - ~ ._ ~- j'_!l/ ('~° h f) ! / 'ter, ~ (J 9 Event Sponsarll'roducer: ~ ~ ~/}-~'I i/y •~ ~ ~~w~ ~ K~/i/d~l'~"~~~' `~~~~ Event Contact/Coordinator: ~~ d~ f/ ~RY~/~' ~' ~ ~~°~ v7"~v~- l~/~~~~`~ ~ Name: ~!C/ff~ ~ ! ~ iY Address: 'f-~ 5 ~ ~~~ /~ ~C' ~` ~~~~f /3L-'~ie°f/ ~=L ~~f'~ TeleplioneNuniUer: ~'7°1--13t~~X35Ce1lularNt~inber: ~~~"5~ - ~a..SD ~ ~_3 z~ E-mail Address: • /~ C~ ~~~-G~~- ~ /J ~ ~"~, C'c'a~'1 ~~+`~~ Q~d~~~ ~~S Brief History of Event (If applicable): ~mrYc~ / ~ ~VL ~©~ ~ % ~~~ tip' Planned Activities (outline of activitiesf~~umber of activities, i.e. entertainment, children's rides, games, other programs}: ..s`/~i~L !~'~ !~ ~U.~~ Page 1 of 5 Event Descriptioi~/Prupose: ~ C'~r/~' ~91C- ~`!~~"~ ~~/~y`` Page 2 of 5 Number of Individuals Served Previous Year (if applicable): ~S~ ~~ ~~ Describe he targeted population and expected attendance: ~ ~~~-~/{- ~--~~~ ~ _ "~° !/ !yp/ C ~ ~s~~ ~ U l.~ S Describe how the program or project addresses cot~lnunity ~~~ ATV ~ : ~ ~ ~ C=~ ~ Describe your' Marketing/Promotions Program (How will you ~narket/protnote, i,e. TV, radio, posters, flyer's, web sites, other): ~"r~ ~~2 S C~~ ~lJ~ Co-Sponsor _ Non-Profit/I'rivate ~ (If Non ~roftt attacTz proof of SDl c(3), c(4), c(6), C(10), or• c(19) or ~rl) Event Location (Describe area boundaries of event/locatioli): F'Ca S'/T~' r~/~~~~ Site plan attached: yes__~• no (Site plrrrt rer~Yeirerl for eiYtiif•e event site. Include locatioY>is of tents, stage, pa-•talets, dunapster•s, portable lighting, and baa•ricade location if applicable.) Rental of Old School Square: yes. ~ no (lf yes, attach proof of approval) Rental of Old School Square Park: yes no__ .. ~~ (If yes, attach proof of rental agreement with Parks & Recreation) Private Property Use: yes no (If yes, attach letter giving authorization from property owner) Event budget Revenue & Expenses attached: yes~_ no (Regrrireri for all events) X:~SelntalSeltnalCbRASPISpecial EvenE Pennit Appiiealiott REVISED FII~iAI. I:Y10-11(2).doc Sponsor Category (please check) City ^ Non-Prafit/Cltaritablc ^ Private a Page3of5 Previous year Revenue/Expense summary attached: yes (Required for all events) no Az•ts aztd Economic Impact Calculator attached: yes. no Obtained on life at wwt~v•AmericansForTheArts•org (Required for all events except minor events and SK Runs) Do you have cash sponsors for the event; (Indicated on budget) Do you have inkind sponsors foz• the event: (Indicated on budget) yes ~ no yes ~ no Serving or selling alcoholic beverages: yes___~~\ uo If yes, what e>txtlty is obtaining the Alcohol License per>Init? T' {~~nn (If yes, copy of Hcetzse rtttrl tilcoltol llrrh~lity insrrl•rrttce t'egtr~t'ed hvo (2) ;'veek~' to event) Event certificate of insurance attached: yes ~ no (Rer,~tr~t'ed trvo (2) i;veeks ptdot• to event na-tthtg tlae C>t1y as adrlitior~tal irtsrrt'erl, also t'e(jtrlt'erC f01' VeilfjOt:S) Playing of amplified music: (WaPver rer~uire~l) yes_~__ no Will there be entertainment: yes no (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 "~ no (traffic control/security) Will supplement with private c Irity: ` yes no ' (If yes, veer/plan rrltaclted)~~~@Y\G\t 0'(~ ~.,°X ~'ti`1J~01'~ U '~~L (~'r~{~~` t" Requesting Emergency Medical assistance; yes`~_ no Requesting barz•icade assistance: yes___,~~_ no (If no, how are you handling`I) Requesting trash removal/cleazi up assistance: yes ~ no (If no, how are you handling?) Requesting trash boxes/containers and liners: yes no Requesting stage use: yes no~__ (Xf yes, clteclc type) Large stage (14' x 36') Q Small stage {16' x ~1') o half squall stage (8' x 2l') Q X:~Scltna\Selma\CORRSF\Speciai Event I'enltit Application REVISED FINAL FY10-I1(2).doc Page 4 of 5 Requesting signage; ` ~~ yeses no Type: 4'x4'Event sig>;i< 1L ~ Parking Signs Banner I>la>t>tgin )<ndicate dates required (l3'aiver regrrirerl if more thar: or:e (X) -veek prior to event) ffjllJ/fy~ P~2/06z.'7p~ ~~(/~ T Requesting City Portable Generator: yes no (If yes, size & power} Food and beverage vendors: yes~_ If yes, approximate ntuuber (Health Department approval required) yes Other vendors: (Indicate type} yes no no no Telits; yes~_• no Xf yes, Hotu rrurrty ~ ~ 1~'hat size or size regtdrerl (If yes, tent perrttlts artd fire inspections rttay be needed) Will tiie event include amusement rides: yes no (rf yes, type and locntlort and copy of Nubility irtsur•trrtce r•erlnlretl, also reritrir•es state license and inspection.} Will the event be gated: ! \ ye no (Shot•v ort-site r»ap) (,~ 1~pr~"I on O~,'C Q~ (Xjl ~,t/t(XiIS~. Will there be a charge for{the event; yes ~ no {If yes, irtrlicrrte ticket price.) $ ~ Will there be fireworks or other pyrotechnics: yes na---~ (If yes, corttuct Fire Marshal to obtain rarul corrtplete permit trpplieatiorz) `~ Will there be cooking with compressed gas: yes no ' ` {If yes, contact Fire Marshal for' irrspectlons) W'sll you be providing port-a-lets for the event: yes no (If yes, locate ort-site rnap• If rto, indicate ltow yorr fvi 1 handle restroorrt rteerls) Is reserved parking requested: yes no__~._ (If yes, indicate locations ar:d purpose for use) X:\Selmn\SeLnn\CORRSP\Special Event Pencil Application REVISED FINAL FY 10-1 I(2).doc Page 5 of 5 Event Pe~xnit Attachments: Revenue/Expense Budget RevenuelExpense Recap Last Years Event Site Plan Arts and Economic Impact Calendar Letter Requesting Noise Ordinance Waiver Letter Requesting Waiver Consumption Alcohol Beverages Proof ofNon-Profit Status General Liability Insurance Certificate Alcohol Beverage Liability Certificate Proof of Rental Agreement or Authorization Letter frain Private Property Owner Hold Harmless Agreement, notarized. ScAbmittal Bate Req-ai~°e;Enents: ~ 1Vliinor Eve~it 4S days prior to event a Intermediate Event 90 clays prioa• to eveaat le'Iajar Evc~~t 120 days prior to event Neighboc•hood ~lociC Party 30 days prior to evert ~~~~~ Date Please enclose the appropriate non-refundable application fee payable to the City of Delray Beach, 100 N.W. lst Avenue, Delray Beach, Florida 33444. Required with permit application. ~' 01' S$l~, ff ~S~ ®111 ~~ Date Received ~ /d~// Application fee received $ /~ X:ISeIma~SelinatCORRSP~St~eciai Event Permit At~I~iication REVISED FINAL FYIO-I1{2),doc I'lcasc paint: l.~l'~ bowntovm Ntartceting Cooperative Statement of Revenues and Expenditures - Detait From 1/1/2010 Through 9/30/2010 1/1/10 to 6/1110 t+o 5/81/14 9J34Jifl Program Total Intame _ Art ~ Jazz on the Avenue 862 CRA CaoNinating Fee 4150 15,000.00 15,D00.00 30,000.00 Event Sponsor Rev 4601 31,100.00 25,200.OD 56.300.00 Total Art &Jazz on theAvanue 46,100.00 14,800.40 60,900.40 July Fourth Ceiebretians 865 Event Sponsor Rev 4601 42,0OO.OD O.OD 42,000.00 Other Income -Events 4620 0.00 _35,890,80 35.890.80 Total ]viy Fourth Celebrations _ 42,400.00 39,550.00 81,550.00 General promotions - bNtC 869 Event Sponsor Rev 4601 0.00 1,200.00 1,200,00 Parkiapants Income 4607 0.00 i,206A0_ 1.200,.00 Total General Promotions - DMC 0.04 1,200.00 11240,00 Summer Nights an the Avenue 871 CRA Coordinating Fee 4i5D O.DO 6,D00.00 6,000.00 Event 5ponsar Rev 4601 0__,00 2,040.00 2 0; OU.00 Total Summer Nights on the Avenue fl.00 8,000,00 8,Op0.p0, Total Income 88,100.00 63,550.00 151,650.00 Expenses Art & Jazz on the Avenue 862 Event Fees 5207 150.D0 150.fl0 300,00 City Services 5210 0.00 3,185.93 3,185.93 Ads, Marketing &Signage -Events 6101 0.00 6D0.00 600.00 Contract Services 6110 20,610.79 13,186.22 33,797.Oi [3esign & Typesetting -Events 6115 5,632.67 1,278.19 6,910.86 Equipment Rental /Lease 6125 8,352.75 5,469.00 13,821.75 Miscellaneous Expenses -Events 6141 0.00 606.38 606.38 Printing Exp -Events 6151 0.00 606.00 600.00 Supplies Purchased -Events 6171 553.87 30,11 583.48 Travel, Meats & Meetings -Events 6175 0.00 120.47 120.47 Sponsor Recagnidon 6185 0.00 200.DD 200.00 Total Art >i<Jazz on the Avenue 35,300.08 25,426.30 6D,726.38 Juty Fourth Ceiebratfons 865 Ads, Marketing &Signage - Events 6101 0.00 1,525.40 1,525.40 Contract Services 6110 30,496.00 31,859.7x 62,395.72 Design &Typesetting _ Events 6115 0.00 2,177.58 2,177.58 Equipment Rental /Lease 6125 0.00 10,189.00 iD,189A0 Supplies Purchased _ Events 6171 0.00 70.75 70,75 Travel, Meals ~ Meetings -Events 6175 0.00 116.91 11, _ fi~91 Total July Fourth Cetebrations 3p,496A0 45,979.36 76,475.35 General Promotions - tPubC 8fi9 Ads, Marketing ~ Signage -Events 6101 0.00 90.00 90.00 Design & Typesetting -Events 6115 0.00 750.00 750.60 Printing Expenses -Events 6151 0.00 1,100.00 1.100.00, Total Genera! Promotions - bt`rtC 4.04 1,940.00 1,940.00 Summer Nights nn the Avenue 871 Event Fees 5207 O.DO 375.DD 375.00 Ads, Marketing &Signage -Events 6101 0.00 287.00 287.06 tsilormto Current Art & Jazz format August 18, 2011 entertainment $3,350.00 Lighting {Rentals) Total $2,000.00 Staging {Rentals) `fotal $1,470.00 City OvertimelBarricade Rentais {estimated} $4,000.00 Design and Printing $710.00 Port-O-Lets $280.00 City Permit $150.00 TOTAL Expenditures $11.,960,00 CRA Sponoorship $5,000.00 DDA Sponsorship $2,083.00 New Sponsor (Geico) $2,000.00 Car sponsor $2,OOOA0 Bank Sponsor $2,000.00 TOTAL REVI:iVtJtS $13,083.00 excess of Income aver expenditures $1,123,00 Expanded Art & Jazz portion August 18, 2011 Entertainment $22,000.00 l±encing $800.00 Hospitality $500.00 Lobos $500.00 Chairs/Furniture Rental $4,000.00 Security $500A0 OSS Rental $1,950.00 TicketinglWristbands $2,000.00 Radio $5,100A0 Television $5,350.00 Large Tent $4,000.00 TOTAL. Expenditures $46,700.00 T.V. $7,350.00 Radio $7,100.00 <"vent Sponsors $29,250.00 Lobos $2,OOOA0 VendorslTicket Coupons $1,000.00 Tickets $48,000.00 TOTAL. Revenues $94,700.00 Excess of Income over Expenditures $48,flOflAfl Untitled Docitment lnfarmatiof~ STEP 1: POPULATION POPULATION o€ your community: 50,©t)0 to 99,Sg9 STEP 2: TOTAL. IXP~i`tSES (optional} Your Organization's TOTAL EXPENSES (please do not use commas): ~ 58$60 STEP 3: TOTAL ATTENfIANCE (optional} --. __ . .. TOTALATT1=Nt7AlVCE to your organization's arts events {again, do not use commas): 30000 caiculate reset Tcatal ~eot~an~ic Irn~act ©t: Page 1 of 1 Total I-[ousehofci t.oca[ Government FTL .lo6a State Gov~rnrnent ~xr~ertditures Income Rev°ntee Revenue Nonprof t Arts and Culture ~.W.~_-~-_--. 660 $58 _ ~' `- - ~"~ --. 1.$ $38,574 $2,001 .,_... -.._ $2,2$5 Organizations: , . Nonprofit Arts and Culture __.._ $679,5flfl. _ _.. -----...-....... 17.9 $275,632 $26,990 ..__-__.T $31,631 Audiences: Total Industry Impact: $738 160 - 19.8 $314,206 __ $28,991 $33,916' lThe Sum of Organizations and Audiwtces) , f E1nt ~4U1" R85l1itS Please see the fine print beloe~~. f;.'sefiil~iEic~l~s Total 1=xpenditures: The total dollars spent by your nonprofit arts and cuiture organization and ifs audiences; event_related spending by arts and culture audiences is estimated using the average dollars spent per person by arts event attendees in similarly populated corramunities Sack to Calculator 1±T1=Jobs: The total number of full-time equivalent (FTE) jobs in your community that are supported by the expenditures made by your ar€s and culture organization andlor its audiences. An FTL= can be one full-time employee, tutu half-time employees, four employees vaho ~A~ork quarter-tirno, etc. Beek to Calculator Household Income: The tote[ dollars paid to conirttunity residents as a result of the expenditures made by your arts and culture organization andlor its audiences. Wousehold income includes salaries, v~ages, and proprietary incomo. Back to Calciriator Goverrunent Tire total dollars received by your local and state governments (e.g., license fees, taxes) as a result of the Revenue: expenditures made 6y your arts and culture organization andlor its audiences. t3aek to Caieulator r' Wnen using estimates derved front ibis calGUlator, ah~ays keep the fnllnvaing Caveats in mind: {t) the results of this analysis are hasP.d upon ilte averages of sirnilarty populated communities, (2) InpuUouipuirnaielsivere custom'szed for each oiihese similarly pnpulated Communillos. providing very Specific employment, household income, and government revenue data, and (3) your results are tttereiore estimates, and should not be used as a substitute for conducting an economic impact study that is r.Ustomized for your comrrtunity. ©Copyright 20D7 6y Americans for the Arts. wvnrl.Amerrca nst= o[TheArts-ora http:fhvw~v.a>Inericansforthearts.orgiinfor~nation se~~riceslreseaxch/services{economic_impa.,. 6/9/2Q11 /O!'au 1111111111%/ MEMORANDUM TO: Mayor and City Commissioners FROM: Jasmin Allen, Planner Paul Dorling, AICP, Director of Planning and Zoning THROUGH: City Manager DATE: June 16, 2011 SUBJECT: AGENDA ITEM 8.M. -REGULAR COMMISSION MEETING OF .TUNE 21, 2011 REVIEW OF THE 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 June 6, 2011 through June 17, 2011. 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 agenda for the next meeting of the Commission as an appealed item. REVIEW BY OTHERS Site Plan Review and Appearance Board Meeting of June 8, 2011 A. Approved (4 to 1, Rustem Kupi dissenting, George Brewer absent), a request for acolor/material change from asphalt shingle to a concrete barrel the roof for the Ocean Aire Condos, located on the east side of Gleason Street, south of SE 2nd Street (217 Gleason Street). B. Approved (4 to 0, Rustem Kupi stepped down), a Class I site plan modification associated with architectural elevation changes for a cottage located at 314 Venetian Drive. C. Approved (3 to 2, Rustem Kupi and Roger DeCapito dissenting), a Class I site plan modification associated with facade and color changes for Maroone Chevrolet, located on the northeast corner of Linton Boulevard and Wallace Drive (1111 Linton Boulevard). D. Tabled (5 to 0), a Class I site plan modification associated with the installation of an awning for Bru's Room, located on the east side of Pineapple Grove Way (NE 2nd Avenue), north of Atlantic Avenue (35 NE 2nd Avenue). Historic Preservation Board Meetin,~ of June 15, 2011 1. Reviewed the request for 32 East Atlantic Avenue to reclassify the structure as contributing per the 2009 Resurvey recommendation for properties located within the Old School Historic District. The Board on a 6 to 0 vote (Tom Stanley absent) established a Public Hearing date of July 6, 2011. RECOMMENDATION By motion, receive and file this report. Attachment: Location Map ~~~ CITY COMMISSION MEETING - - - - ~T,~~~~~T _ _ _ _ N , ' z~ ~ ~~ ~ JUNE 21 2011 LQCAT~QN MAP U~,~ ~n~~~ i ~ ~ ~F~ acn~E ~ PLANNING AND ZONING DEPARTMENT SPRAB: HPB: A. OCEAN AIRS CONDOS C. MAROONS CHEVROLET 1. 32 EAST ATLANTIC AVENUE 6. ~~1,~ VENETIAN DRIVE D. BRU'S ROOM -- D/GITA[ BASE MAP SYSTEM -- -- DLS -- MAP REF: S:\Planning & Zoning\DBMS\File-Cab\CC-DOC\6-21-11 MEMORANDUM TO: Mayor and City Commissioners FROM: Bob Diaz Construction Manager Richard C. Hasko, Environmental Services Director THROUGH: David T. Harden, City Manager DATE: June 14, 2011 SUBJECT: AGENDA ITEM 8.N.1 -REGULAR COMMISSION MEETING OF .TUNE 21, 2011 BID AWARD/RANDOLPH AND DEWDNEY CONSTRUCTION, INC. ITEM BEFORE COMMISSION This item is before the Commission to consider approval of a bid award to Randolph and Dewdney Construction, Inc., in the total amount of $456,710.00 for renovations to the Pompey Park Concession Stand. BACKGROUND The Pompey Park concession stand building, originally constructed in 1974, has had only one substantial enhancement with the addition of a second floor press box in 1991. The building is currently in need of extensive renovations as a result of experiencing years of weathering and use by the public. Interior spaces of the building like the restrooms are small, inadequately lit and poorly ventilated. In the opinion of staff, the structure has not exhausted it useful life so refurbishing the building is recommended. As a result, funds were programmed into the Capital Improvements program for fiscal year 2011. Bids for this project were opened on Thursday, May 12, 2011; six bids were received. The apparent low bidder was Randolph and Dewdney Construction with a bid amount of $456,710.00. In anticipation of fall recreational activities, renovations will only take 120 calendar days to complete and not 150 days as originally stated by the contractor. FUNDING SOURCE Funding is available from 334-4127-572-62.10 (General Construction Fund/ Pompey Park Concession Stand). RECOMMENDATION Staff recommends approval of a bid award to Randolph and Dewdney Construction, Inc., in the total amount of $456,710.00 for the renovations to the Pompey Park Concession Stand. ~ ~s _ ~a Wiz: .' ~~a~r ~ .~ ~ s~ p o~ s a >- ~ >- ~ ~ ~ _ ~~ T I ~ ~. ~a i~ ~ ~ ~` ~ ~ ~ } _ ~~~ ~ ~ '~ ~~ . ~~ ~ a c ~ ~ ~ ~ ~~ m ~ ~ ~ ~s ~ ~ ~ `~ ~ ,~' ~m ~ ~ s ~. °,~ ~- ~ ~ ~ ~ z ~ ~ ~= ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ z ~ Imo ! ~ ~ ~ ~ '~' ~ ' ~ ~ ~ ~ , ~a ~ ~ a r EXHIBIT "A" Diaz, Jabiel Subject: FW: Requested mtg w/Dwayne Randolph -----Forwarded message ----- From: "Graham, Kendra" <Graham(a~mydelraybeach.com> Date: Mon, Jun 13, 2011 10:29 am Subject: Requested mtg w/Dwayne Randolph To: "Hasko, Richard" <Hasko(a,mydelraybeach.com> Per your request I contacted Dwayne Randolph to schedule a meeting in regards to the Pompey Park Concession Bldg. project. Dwayne will be out of town beginning tomorrow through the remainder of the week. We scheduled a meeting for 3:30 PM on Monday, June 20t". I told Dwayne that one of the issues I thought you wanted to speak with him about was the length of the project and he said that he could cut it down to 120 days (he bid 150 days and competitor bid 90 days) but could not commit to 90 days. Kendra W. Graham, Executive Assistant Environmental Services Department City of Delray Beach 434 S. Swinton Avenue Delray Beach, FL 33444 (561) 243-7336 (561) 243-7060 Fax # MEMORANDUM TO: Mayor and City Commissioners FROM: David Boyd, Finance Director Patsty Nadal, Purchasing Manager THROUGH: David Harden, City Manager DATE: June 15, 2011 SUBJECT: AGENDA ITEM 8.N.2 -REGULAR COMMISSION MEETING OF .TUNE 21, 2011 PURCHASE AWARD/CDW-GOVERNMENT, INC. ITEM BEFORE COMMISSION The City Commission is requested to approve purchase of replacement data switches and cables to be installed throughout the ESD Complex per quote number XGH6535, dated 06/02/2011 from CDW Government in the amount of $69,440.78. BACKGROUND New switches and cables will communicate ten times faster with the network and have a greater response for the transmission of system information. The issues have been dropped connections, slow speeds and hard to configure switches to cross network to City Hall. The new switches will allow us to take advantage of the new cabling and allow us to increase the speed of the City's disaster recovery loop to lOgig in case the main fiber run is cut. It will also allow us the flexibility to cross network between ESD and City Hall via Fiber. Quotes Received: CDW Government $69,440.78 PC Mall Gov $69,843.00 A2000 Network Solutions $71,752.65 FUNDING SOURCE 442-5178-536-62.45 Project #2011-066 RECOMMENDATION The IT Division recommends the purchase of replacement data switches and cables per quote number XGH6535, dated 06/02/2011 from CDW Government in the amount of $69,440.78. ~ Page 3 . ~ j~ Th f Techrralogy. a f/~r"grh g fM SA E S Q U C]TAT 1 C) N r wl ~R~~l AYY~~ ~ www.CDWG.cara • a • • • • $'Q!!-SlIS-4239 XGH6535 0600256 6/02/2011 CITY OF DELRAY BEACH CITY pF BET,RAY BEACH ~ 100 NW 1ST AvE ~ 100 NW 1ST AvE L i L ACCTS PAYAEiLE P ACCTS PAYABLE DELRAY BEACH, FL 33444-2612 BELRAY BEACH, FL 33444--2696 I T O O Contact: JENNIFER REYNOLDS Customer Phone # 5612437144 ~UStOmer P.O. ~ xGH6535 QUOTE s •~ • MIKE ZOFtTCA 666-339-3535 UPS Ground Rec,~uest Terms 85$012621559C4 • . • ~ ~' 083052-01 2 1923626 C2G 6M LC/SC DUPLEX 9/125 FIBER CAB 22.00 44.00 M£g#: CTG-37468 Contract: NATIONAL IPA TECH SOLUTIONS 063052-~01 ~.~ 1064948 sLAC~c Box ~oRTZONTAL CABLE MGR 1€T 55.00 770.00 Mfg#: BLA-RM240 Contract: NATIONAL TPA TECH SOLUTIONS o63a52-ol suBTaTAL 66440.76 FREIGHT .00 SALES TAx .oo us Currency TO1`AL ~ 69,440.76 CBW Government Please remit payment to: 230 North Milwaukee Ave. CDWGovernment Vernon Hills, ITS 60061 75RemittallCeDrive General Phone: 647-371-5000 Fax; 847-419-6200 Suite 9595 Account Manager's Direct Fax: 312-705--6216 Cllicaga, IL 60679595 Page 1 _':., ~ 7~~ rn~ Rrgh# Techrralagy VC1 R.~ G S Q U 0 1~[ ~ 0 N Righ#Aw~y.'" # i # # .. "'~"'~°w~'~°"' XGH6535 o600z5s 6/02/2011 800-808-4239 CITY OF C)EI,RAY BEACH CITY OF DELRAY BEACH ~ 100 NW 15T AVE ~ 100 NW 1ST AVE k. I ~ ACCTS PAYABLE P ACCTS PAYABLE T DELRAY BEACH, FL 33444-2612 7 DELRAY BEACH, FL 33444--2698 0 O Contact: JENNIE'ER REYNOLDS Cuskamer Phone # 5612437144 Cuskamer P.O. # XGH6535 QUOTE f •~ # MIKE ZORTCA 865-339--3535 UPS Ground Request Terms $5801262155904 # ~ i ~ i 7 2030986 CISCO 24PORT 10/100/1000 POEM ENET 2964.84 20753.88 Mfg#: CT5-W5-C2960S-24PD-L Contract: NATIONAL IPA TECH SOLUTIONS 0$3052-01 12 2146009 PROLINE 10008SX SFP F/CISOO 97.27 1167.24 Mfg# : PC5-GLC-SX~-MN~-CDW Contract: NATIONAL IPA TECH SOLUTIONS 083052-01 8 2146046 PROLINE lOGBA5E-LR SFP~F/CISCO 2029.91 8239.28 Mfg#: PC5-SFP-IOG-LR-CDW Cantraot: NATIONAL TPA TECH SOLUTIONS 083052--01 7 2073967 CI5C0 CAT 3750X 24PT DATA IP-BASE 3836.31 26854.17 Mfg#: CIS-WS-C3750X-24T-S Contract: NATIONAL TPA TECH SOLUTIONS 083052-01 6 2094189 CISCO DIRECT C3KX-NM-10G= 1490.13 8940.78 Mfg#: cID-c3KX-NM-2ac= Cantraat: NATIONAL IPA TECH SOLUTIONS 083052-01 1 2086483 CISCO CATALY5T 3K-X 350W AG PWR SUP 295.15 295.15 Mfg#: CIS--C3KX-PWR-350WAC= Contract: NATIONAL IPA 'TECH SOLUTIONS 083052-01 2 214602]. PROLINE lOGBASE-LR X2 F/CI5CO 1087.14 2174.28 TOTAL. ~ Continued. 0DW Governn€ent Please remitpeyment to; 230 Narth Milwaukee: Ave. CDWGpvernment Vernon Hills, IL 60061 75 Remittance Drive General Phane: 847-371-5000 Fax: 847-43.9-6200 Suite 9575 Account Manager's Direct Fax: 312-705-8218 Chicago, IL 60675 9575 __ Page 2 . ~~ ~' ~ ~~~ ~'~~~~e~~~~'°~~ a '"` SALES C~UC~TATIC~N ~ RightA~tray. wuvvv.CbwG.cnrst r • • • • ' ~$~_$~$_,~~~~ xGH6535 0600258 6/02/2011 CITY OF DELRAY BEACH CITY OF DELRAR BEACH B 100 NW 1ST AVE ~ 100 NG7 1ST AVE L I ~- ACCTS PAYABLE P ACCTS PARABLE DELRAY BEACH, FL 33444-2612 DELFtAR BEACH, FL 33444-269$ T I O O Contact: JENNIFER RERNOLDS Customer Phone # 5612437144 Customer P.O. # ~GH6535 QUOTE r rs a MIKE ZORICA 8&6-339-3535 UP5 Ground Request Terns 85801.262155904 w w • a ~ Mfc~#: PC5-X2~lOGB-LRWCDW Contract: NATIONAL IPA TECH SOLUTIONS 083D52-01 1 1153644 C2G 2M SINGLEMODE 9/125 LC/SC FIBER 19.D0 19.00 Mfg#: CTG-26260 Contract: NATIONAL IPA TECH SOLUTIONS 083052-D1 1 1153645 C2G 2M SINGLEMODE 9/125 SG/SG FIBER 19.04 19.DD Mfg#: CTG-2D455 Contract: NATIONAL IPA TECH 50LUTIONS 083052--01 5 41503D TRIPP IM FIBER 62.5/125 LC/5T MM ORG 14.00 70.OD Mfg#: TCA-N318-01M Cvntraot: NATIONAL IPA TECH SOLUTIONS 083052--01 2 1153549 C2G 2M SINGLEMODE 9/125 LC/5C FIBER 19.00 38.00 Mfg#: CTG--26260 Contract: NATIONAL IPA TECH SOLUTIONS 08305201 2 1130D71 C2G 1M SINGLEMODE 9/125 SC/SC FIBER 19.00 38.00 Mfg#~: CTG--20$48 Contract: NATIONAL IPA TECH SOLUTIONS 083452--41 1 121D995 C2G 1M SINGLEMOAE 9/125 LC/SG FIBER 18.OD 18,00 Mfg#: CTG--29190 Contract: NATIONAL IPA TECH SOLUTIONS ~"07AL ~ Continued GDw Government Please remit payment ta: 230 North Milwaukee Ave. CDWGnvernment Vernon Hi11s, IL 64061 75 Remittance Drive General Phone: 647-371-5000 Fax: 847-419-6200 Suite 9595 Account Manager's Direct E`ax: 312--705-8218 Chicago, IL 60675-9595 N ~ ~ a' C4 ~ w ~° N ~ ~ ~ ~ O ~ x C] ~ 'rri U pG U 0 C~ RS LJ C]» O ~f LL' C~7 N LL,. 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C 7 p O ~ L~ V p ~ ~ u „Q ~ O O -~ "~ "C~1 "~ 'L a~+ ~ ~ a ~ X d U ^ ~ ~ ~ b A Ul 41 - ~ L 7 ~ ~ ~ a ~ Q ~ X O A ~ ~ -~ •~ ~6 ~ b ~ , ~ , ~ ~ ~ i m O ~ ~ ~ ~ ~] N ~ yJ dl ~ ~ O ±~ cq O ~ m ~ "CS + + a -~ + + u ~ ~ tl~ ~ ~ ~ ~ yr tlA ~ 7 ~ n ~ ~ ~ ~ cn O ~ SI1 L,r1 CJ C7 Vl ~ z^3 _ U c^S w 4- '~ lJ ~ e-I v-I ~-I .-I N r-[ rt Cp ~ ~ ~ L ~ .~ QJ sa <n m a ~ ~ v ~ ~ F N ~ ~ ~ d N ~ ~ x ~ a ~ cn I ~ ~ ~ ~ ~ °t N ~ a ~ m Z a C7 C .1 e-i U X X Q H ~ ' ~ ~ v N 5 X m Y Y 4 X S C7 i C J +W ~ t~ eN-I OO (~ l!7 rl N ~ i-i a-i tf} N N c-1 N Del Portillo, Ed From: Kaska, Richard Sufi: Monday, June 06, 2011 1:29 PM To. Del Pvrtillo, Ed; Krejcarek, Randal; Buzzelli, Guy Ce: Ballestero, Rafael; Mickla, Bab Subject: RE: City Owned Fiber Optic '.$70,000 budget figtu-e still remains. Richard C. Hasko, P.E. Environmental Services Airector voice: (561) 243-7336 FAX: (561) 243-7060 email: haslco(a7,Lmydelraybeach.corr~ ~ ~ ~, •.~ ~-•yi ~~-~.~< { ~~~~ tom, ~ ~ ~ ~ ~-~.., ~~~~~ C~ From: Del Partilla, Ed Sent: Monday, June 06, 2011 1:21 PM To: Krejcarek, Randal; Buzzelli, Guy Cc: Ballestera, Rafael; Haska, Richard; Mickla, Bob Subject: RE: City Owned Fiber Optic Please send us another copy. Plus on another note did you check the account Balance for the switch project # 1~:=065 account number 442-5.78-535-52.45. Thanks, ~;~~„'`;~s ~+ d I~e~ P®~°~~l~o ~ Project Manager 1 LAN City oE)~e[ray Beach • 150 NW 1st Avenue • betray Beach, trL 33444 -Phu€~e (56t) 243-7[47 • Fax (S6i) 24,3-7188 (Mon,-3'hu., G:30 AM - 5:00 AM 13"1'} Email; delportillo cr,mvdelraybeacl~.com • Wei: www,m dv elra~beach.eom • Follow us at twine€.co~n/cilydelraybeaeh Frorr>I: Krejcarek, Randal Sent: Monday, Tune 06, 2011 X1:45 AM To: Buzzelli, Guy Cc: Del Portillo, Ed; Bailestero, Rafael; Hasko, Richard; Mickla, Bob Subject: RE: City Owned Fiber Optic Guy, I thought we did this and gave it to you? i know we still have questions regarding exact field locations on each street but that info will be added once we have obtained it all. Randal L. Krejcarek, I.I., I_~l D AP, LISP MEMORANDUM TO: Mayor and City Commissioners FROM: Robert A. Barcinski, Assistant City Manager THROUGH: David T. Harden, City Manager DATE: June 14, 2011 SUBJECT: AGENDA ITEM 8.N.3 -REGULAR COMMISSION MEETING OF .TUNE 21, 2011 PURCHASE AWARD /KUBOTA TRACTOR CORPORATION ITEM BEFORE COMMISSION Commission is requested to approve a purchase award to Kubota Tractor Corporation for a replacement tractor in the amount of $18,493.80 under a contract with National Joint Powers Alliance, contract #081209-KBA. BACKGROUND The golf course is requesting the purchase of the above subject tractor to replace a 1986 Massey tractor. The tractor will be used for fertilizing, aerifying, and mowing of roughs. The National Joint Powers Alliance is a purchasing alliance of more than 30,000 municipalities. FUNDING SOURCE Funding is available in account 445-4761-572-64.90. RECOMMENDATION Staff recommends approval of a purchase amount to Kubota Tractor Corporation in the amount of $18,493.80 for a replacement tractor under National Joint Powers Alliance contract #081209-KBA. Apr, 28. 2011 10. ~9A~ ~~Irio To; Sharon Painfe~r FR~om: Dxew Summerill CC: bate; 4I261ZO1.1. die: Capital Purchases VEJ'e axe in need of a tractor at Delray beach Crolf Course. No.36b4 P. 3 We need to add to out- fleet of h'actors and/or replacs older tractors that are appzoximately 2030 gears old. VLTe have a 1.986 Massey tracfor that was acquired in 1995, which ~we use for large fertilizer applications, that no longer has power steering, This neruv Kubata tractor will be used far mov~ring z'at~gh, fertilizing, and aerifying greens, tees, and fairways. 'The addition of this i~acto~' W111 aIl4W us aS a maintenance staff tO ~IICxease ef~clenCy and focus an other aspects of the golf course. Z recommend we purchase a new Kubota ix~actor under the National Joint Powcrs Alliance contact. The national contract number for' this item is O812O9~KBA. We can. purchase t1iYS machine from Kubota Tractor Corpo~'ati4n of $1.8,493,80, Received Ti«~e Apr, 28. 2011 11,02AM Igo. 219 Apr. 28. 2011 10: 59AM N~. 3664 P. 4 PURCHASE ORDERS MUSS ~E MADE OUT TO KueoTA TRACTOR CORPaRATioN ns~i2il9-KpA ,. 3avi v~~ Amo blvd, Torrance CA 8~5U3 ~4n11ectp~elfttlWerksReal pllgN&r3lO~~U-93TOh7fT ~@f9 PAffr3fa~7o-aaas ~EMNC:C+9ENNJr17 {lBl7TA.CUM HJYA2011-113 purchsefn~ pg~ty_ C of Oet Beach 07360 REMIT TO : ISU~ta Trecfar Carporattort Conlacl; fastre P4'e T4 ADfi3ti~S5: Sd01 I};1. ANfo Bf,VD PhoaeO; KubolaTraclofCurp. CITY: ~'akRANCB 8TATr;: CA 60x09 Fex:: ytQlOelArna~lvd {561)~!~&a41A r)LRR 2783U i'FIONB f=[Hell: Torront+,CA. »95v9 ,_, CONTACT Har6eta Ookfma! SAX: __ .. . At;~ gRI~~RIAIC~ IN~o~MaYlt3l~l ~Ok KuI~a7A usl; ONLY QC1! prpd„~{ AiOL1Ll.00OE r)t:5Cp1pYlpt~ UNIT US { Llg'r MAi-TONAL ACriT, 707AL LI61` TOYA1. HATI4HAL Cade pRl[~ DISC pisGOl1N1`flt21C~ PItIGCi /ICCOUNTPRIC~ Xfi' 1 M M~Wsu 2W[) 7t2AC7012 w 1~OpS z0 gg0,~ 20% g 1 B 52A,40 $ 2(f 680.00 S 16 528.00 2 ALR8EI18A Fronl t.SW ~"u!i T1rea ]n Base t't1re 20% 2 aMl2&535 f2eSr !-SW Turf Tlrea In Buse price 20% 1 M7622 8Cp 1atVehra w Laver $ 829.00 20% $ 682.44 $ t32F3.00 3 682.44 1 E1134 Deltas pbeCglass Ca-wpY $ 37b.04 20% $ 300.00 $ 37s,oo $ 300.04 1 E1i38 M4unllrtylCl 985.00 2096 $ 148.00 $ 185,00 $ 948.04 5 M9071 $uilcaso Weight-105 Ilrs, Ea $ 02,00 20% 5 85.80 5 910.00 S 328,04 9 M9072 BoIUBar Kit $ 53.00 2096 $ ~#2.~t0 ~ 53.00 S ~S2A0 183.00 I ~ S 17.74x.44 ~ $ 22,511.00 I $ 1 - ~ a ~ ~ - 1 1(UBO7A STANpAfin IlVeCluNl] ~f7EICIiT 3 160.00 $ 180.00 160,00 S 160.00 1 AssembN Pees $ 325.00 $ 325.00 325.W $ 325.00 $ 485.00 $ 485.00 $ 485.00 $ 495.00 ct<ut: Yaat coat a unpvWfvht4 oypvna tB) cannot oYOSed ss96 qt FM U-s Uan~att3on me 096 the tarsi d ye arse un~rPrka plus Yi,tOanaa uptbnr (e~ctbn A? partanage ~: S 72,nee,nn i 113,231.40 S 22,998,00 ~ 18,493.BD AUrr`tnl2lz,t~n sicNATlJt2E: X nA7E NJpA Miler precesnt+,g [tarps a i . 6 % on 6estbn r} Kerrs h tlw !-7yoet~~/ Or~D dtfkei6,g daaltV. Ku6da wVl re`rneuroe NJPA t6<[rie antve oraar proCaei;ng crss~v an4 Qe4uci Ne nnfaunt s'yWtirblo to Sv~an B rrusn Aerial Kum nt1 disown[ a Ali erders era sult~ect to [Ile forma and condlllana as vtltllned fn 1ha NatEprta] purchase AOrealAer,t. ~7A~gBt -~'g~p$ a NBt dl~ InOy~ 7ne 8lendard Kubota Warrant flea, whfah doeo not Include 1cE(u er dative , Boa KTC iNTERHAI ti6~- Quote il: TtJPA2011.14~ gnete pate: 04l17J2411 V6rlfEed ray: crh Received Time Apr, 2$. 2011 11.02AM No. 2519P"p„-'•~,1>nr~,~„~,t.l~ Apr. 28. 241 ~ 11: OIAM No. 3664 P. 6 ~ m News Release ~~~ CVCRYTT-t]Ntrv YO'CI YALUh Na~iortalJofN Pasre~aAl€Wrxa FORl'YMED1'A?'E 12EZEASE Contact; (677) KI~OTA-N1~WS x(877} S82•b82G] ne~vsrnarn(a?kttbotflmedia.Gam ~>l~bota Awarded Competlttivety did Contr~et b~ NJPA Kubota mvarded landscaping and grounds-retared egr<tpmenl, accessories arad sttppTres corrlfYrcf T(]RR.AI\ICE, Calif, (December 1, 2009) -Kubota 'lYactor Corporation has been awarded a vendor contract With the National Joint Powers Alliance (I~'J`1'A) in the landscape and ~•punds equipment category. NJYA includes a network of more than 30,000 municipal agencies across the Yl'.S., and Kubota has been selected as a competitively bid Vendor {Contract X1481204-T~13A) to supply Kubota's entire lineup of innovative turf and landscape equipment to the municipal a.nd educational agencies that makeup the N7PA network. With T~ubota nanxed as a Catnpatitively Bid and Awarded vendor, the process far the NrJPA agencies to consider Kubota equipment for bid -from utility ~reh[cles, tractors, excavators, mowers and all grounds-related equipmct-t--has been Strsa-nlined for the contract process across the 1[7.S. "Our organization is ple$sed to be awarded an N'Jl'A contract," says Greg )~mbury, vice president, sales and marketing, Kubota Tractor Corporation. "Kubota's durable, high-quality tractors and landscape equipment will `t'it the bill' for NJPA's many agencies that are looking for equipment that is easy to maintain, offers high peri'ornaance and allows agencies to be extremely efficient for completing maintenance and landscape work. Our tang-lasting }`~ubota equipment offers a wide choice in mowers, tractors, utility vehicles, excavators and tractor accessories for N3PA member organizations Utilizing grounds-related equipment." Cxoverned by a publicly elected board of directors, the N~JPA is a municipal epntraeting agency dedicated to securing the best value for iks members by leveraging their collective purchasing power, Members include organizations SUCK a5 Cities, CourltlCS, 1C-12'3, School districts, colleges, uniVersikies and other agCt1C1CS utilizing buildings and grounds-maintenance equipment. According to NTPA, Kubota Tractor Corporation was chosen, by its bid evaluation committee, to he awarded an N'~PA contract based on T~Ubota's selection and quality of prodltcls and equipment, as Well as Kubola's competitive prices. Additional information regarding NJPA can be found at wtYw.Ujpacogp,4rf~ or by contacting NJ!1?A's Contract Manager at email: andy.cam~bell [t i(l~nacoop,org_, )i~ttbota Tractor Corporation, Torrance, Calif., is the U.S. marketer and distributor ofKubota-branded equipment, including a complete line of tractors ttp to 118 PTO hp, performance-matched implements, Compact and utility-class construction equsprnent, consumer lawn and garden equipment, Commercial turfprodrtcts and utility vehicles.l?or product literature or dealer locations, contact Kubota Tractor Corporation at 344.1 Del Amo Blvd., Torrance, CA 9U503, ($$$) 4-KUBOTA [{888) 458-2682], Ext, X40, or visit w«~rv.kuboia.com. # # # ~ecelved Time A~r.2$. 2011 11,02A~i f~o.2519 A~ r. 28. 2011 11: 02A~ .7. 13id Cltforing Ancl Accepln>nca nt,d ~.'wnrd I~ ~f1081~49 ~ ~ N©.36b4 P. 1 A D ~tt~ ~ ~ ~ ~U~IYU~NT, ACC + Q~,4, AND,,~S~,IUPPLI~, HI t}1 731d er ~;~ aompllanoa rylWlSieTr~v#lstloh £or~ltl (XPt~) £pr X,ANI7~CAI'INt3 ANU ORO~S T~A~b 1;Q[TIPM~N'1', ACt~SSORIB.S, ANn SUI.'k'IL~S, the undezslgnod watmnte thnt tlrvo t~avo axamlrsad the A+B nnd, belsts f~mlE[prwlth eil oftl~o ]nsh°uoi#ons, terms nmi edndttfous, gonat`al speoiltantiai~, okQectnt#ona, taolwlapl apaalfloatlons, Aervioe 8xpo41A#lons Red Any speolat tertna, do hereby off8r and nyzea to llue.lel~ th8 dofElaed produota std serVine9 ht aompilanca with ell terms, vondltlons of the ~, pity 8pp#14ab19 emarldrRents of flits ~3, and ell ~lcfder's responge daour~ze~ttntioi~, S3lddor Ilirdior undo~iands they' are the sale afForor 1<ezaln and thaitlia porfotn~ps~~ bfRny sub-uuflttcWiarx employed by the }]adder 9n i~iIf311mentoPtlylg pfi'e,~ la th,e solo zasl~o~~altillity ofthe Biddor. CompanyNHm@;,~.ilk}S;ffLTli1434CCarRQr~tion,.__-~ _ bait: ~ilgy~~11,~409 --.._. . Comp~,y Address, i Clty; , TQ~nnc4___ ~_ State: CA Z1p:,^,R„_,9D30~ .~ G'ohlpot FQlSOR: ..r...~;Yg~l-~,-_-~-r--~-.--Title: _ _ Mnnn~er~ Dieeyl,. nleq~„ Attiharizad 3lgnpitu'c (Itilc (Name punted or typed) ~os~trantAQOap, nt-ao,p~~Knt~cl (To T~o.Cgtjtulotarl o~i1q by~YJP.A_)„ Your bld affaring #s hereby nacept~d Red sworded. As tho awarded i3tddar, yon nro uaw bold to provide the dal3ued goads nnd fiepylaaa vontnitted in your bid olI'atlpg according to all #ernos, conditions, nnd 1;rloli~g set foithln the Il?B, say pmandmet~ to Iha IT~$, nnd tho kllddar's ~eaponea, Tho tsrni of kl~o CattiraCt ahaU commOnoa Oa tftn ditto o£ tlels nwnt~d tsnd aon~tir~u® for four yeflrs AND vylltoi~ is stlbJeok to nnnunl renewal nt tl-o optiqu aFboth pnrttas, ]~'ailoual ~olnrPowors Aiti4nee® (iVYk' ,_,..,_,~ .J, , i~~'A A+itl~o~izod nlgnnturn; dory L. Nyte,4 `x'itle; flxep~tlve DlreatarNlPA (Ngm® prlntsti ar typed) Awt~led this ~ ~ ~ day of N)1'f1 Auihorizvci `I'lite; l~xcauted Ihls day of Page b2 of a7 t"outrnct i~lnrnbor ~ U8~2Q9-~~~ (Nnma prlntetl or typed} ConEi~c# Nn~t-her 0 1 9 -X-~l~" Received Time Apr.2$. 2011 11.02A~ No,2~19 A~ r. 2$. 2011 11: 02AM A.I~N~CJ~A~ ~NL'VVAL OS+' A~~~MEN~' made bl+ and between Kubota'l'ractor Corporatfo~i (Vendor} ~dOY bet Amo Blvd. xorrance, C.A, 90543 and Natfonaa Joint ~ov~re~rs r111fance4 (NJl'A.) flkla North Central Service Cooperative (NCSC} 200 burst Street ~ SFngles,lVlfnnesota 56474 Phone; (zxs} 89~f-Sa82 l~a~. (2f S) 89dr5495 Whereas: No. 3664 P. 8 "Venda" and "NJPA" hr~~ve entered into 1) au "Acceptance of did and )FJ3 Award #{~81209- ICDA", and 2) an "operating Agxecrncnt" with an effective date o#'September ]0, 2009, a maturity date of Sepfember 10, 2(}13, and wh9ch are subject to annual renewals at the option of bothpa~•ties, brow therefore;.. ,. .. - ~ - •--. .... ..... .... . "'V;endor" and " V'J~~" hereby ~csire amd,agiee to ex#end and renew the above de#'ined oantracts for tho period of Septembex i.Q,,20];0 tbrough~Sepfeinber ],0, 201.1, , , // 1 , , Nanrte pxiattd ar typcd: ~~~ ~rY S C, a .....--- Date ~I3.~ ~~ t 4 ~y. I~ulsotA ~ actor Cn~ xatlan $y: ,Its: V f C A ~2~~~ Nx ~ ; s Name printed or typed; ~ nac~ ~- v, Z z 3. 2. ~ r ,~~ ____ Zf you.do.not want to extend contract, pX~~se sjgta below apd re{t~ this agreement, Disc'ont~ntie; '1~Ve, ~~s)xe~~#.a'dlscoi~iinhe the.contract. ,- ~ ~. ~ , ,. . 5ig~gaivre; iJRtc: Received Ti~rie Apr, 2$. 2011 11.02A1~ No. 219 MEMORANDUM TO: Mayor and City Commissioners FROM: David Boyd, Finance Director Patsy Nadal, Purchasing Manager THROUGH: David Harden, City Manager DATE: June 10, 2011 SUBJECT: AGENDA ITEM 8.N.4 -REGULAR COMMISSION MEETING OF .TUNE 21, 2011 PURCHASE AWARD/AIRGAS ITEM BEFORE COMMISSION The City Commission is requested to approve an emergency blanket purchase order effective 07/01/2011 thru September 30, 2011 in the amount of $23,400.00 for the purchase and bulk delivery of liquid carbon dioxide (COz) as needed from Airgas at $0.0975/lb. or $195.00/ton per proposal dated 06/10/2011. BACKGROUND For 2010/11 fiscal year the City Commission approved the purchase of liquid carbon dioxide from Praxair, Inc. via the City of West Palm Beach Bid Agreement at $194.74 per ton as needed. On June 8, 2011 Praxair notified the City that they will only be able to provide 50% of the current required supply. The average consumption for the City is 9.64 tons per week. Carbon dioxide is essential to the water treatment process. The water from the wells has a pH in the mid-7 range. Lime is added to raise the pH to 10.2 which is the point where calcium precipitates out for the softening process. After the lime softening process, carbon dioxide is added to bring the pH back to amid-7 range for the finished water product. If we were to reduce the carbon dioxide dosage, the finished water would have a higher pH. After extensive Lead and Copper testing, we have found that we get the best results with a pH of 7.5 in the distribution system. It would be best to continue using the current amount of carbon dioxide for this reason. Airgas has informed us that they would be able to provide us with our full requirement. As there are no guarantees as to what Praxair could provide, the City will need to enter into at least a temporary agreement with Airgas, as long as they are relatively competitive. Air Liquide America was also contacted and they are unable at this time to supplement our supply at this time. FUNDING SOURCE 441-5122-536.52-21 RECOMMENDATION The Water Treatment Plant recommends an emergency blanket purchase order in the amount of $23,400.00 to Airgas for the purchase and delivery of Liquid Carbon Dioxide (COz) to be ordered "as needed" per proposal dated 06/10/2011. 0&10812411 14:33 #172 P.001J001 June 8, 2011. Ms. Patsy Nadal City of Delray )=3each 200 S.W. 6th Street I]elray Beach, FI.. 33444 Re: Declaration of a Carbon Dioxide Contingency Event Dear Ms. Nadal: Via Fax: (561} 243-7166 Praxair, Tnc. ("Praxair") has been advised by its carbon dioxide feedstock supplier of its inability Eo supply carbon dioxide feedstock required by Praxair's CC?2 plant ("Plant"} from which we supply carbon dioxide ("Product") to you. As a result, pursuant to the product supply agreement we have with your company, we have no choice but to declare the existence of a cnntingency event. Praxair has developed a plan to rzxaintain partial supply of Product to you. Accordingly, commencing as of June $, 2011 at 12:01 AM EDT, Praxair will not be able to supply your full requirerrxenis of Product. Until further notice Praxair will only be able to supply up to 50% of your average weekly usage duximg this contingency. Far the Last 90 days your weekly average consumption is listed below. Praxair Number Location Weekly Average Consumption {Tons} 8522b16 City of Delray Beach -Delray Beach, Fl., 9.64 Needless to say, any steps that your company cam take to curtail consumption and thereby stretch your available supply of Product will be most appreciated. The length of the contingency will be further commaumicated to you as we find out more information from our carbon dioxide feedstock supplier. lta addition, at this time we do not expect any additional charges to supply you during this contingency, but if the situation changes and we incur additional casts to ,supply you during this contingency, we wil3 notify you of any such charges. If your company chooses to make arrangements for Product frazn am altercate supplier we ask that you please notify your Praxair Account Manager as scan. as possible. If year company makes arrangements with an alternate supplier, this letter will constitute (i) a release for your company to purchase Product frorra. another source during this contingency and (ii} permission For your company to use Praxair's supply system to receive such Product in exchange for your company's indemnifying and holding l:'raxair harmless from claims arising frarn your receipt of such alternative product. This letter~is not a release from, your contractual obligations to purchase Product from Praxair following the end of this contingency and force tnajeure event, We regret having to take this action and wil! provide updates if the situation changes. Should you have any questions, please call your Praxair Account Manager Municipal Team, at (630) 320-4166. Very truly yours, Mike .Kerr Area Director Praxair, lma. Praruh• Srrsh,~.rr Carrfrilenlicrl deceived Time Jan. $. 201 2:39P~i No.310b Nadal, Pais From: Nadal, Patsy Sent: Friday, June 10, 2011 3:1~ PM To: Nasko, Richard Cc. Bullard, Jahn; Nadal, Patsy 5ubjeet: RE: Carbon Dioxide Overview This wili be on the agenda for 06.21..2012, per your request. From. Hasko, Richard Sent: Friday, June 10, 2011 1.2:31 PM To: Bullard, Jnhn; Nadal, Patsy Cc. Majtenyi, Victor Subject; RE: Carbon Dioxide Overview . . We ~~eed to ~;ct so~ra.ethin~; an tE3e Tune 21`' eam~r~.~ss~on t~cetir~~ for this. VJc ca~~:n.ot sacrz~.ce treat~~ent because off st€~~~.ier i5sue;s. Richard C:. ~~asko, ~~.~. 1~;~1~i.ro~l.mcntal Scrvi.ces :f~irector ~~c~ice: (5(~l.) 243w733~ FIX: (~61) 243-7060 e~~ail: basi~o c(r~,naydelraybeach.eorn htt~//www.epa.~ov/watersense/ Nadal, Pats From: Builard, John Sent: Friday, June 10, 209'l 2:35 PM To: Nadal, Patsy Cc: Hasko, Richard; Majtenyi, Victor Subject: Carbon Dioxide Cost Patsy, The average monthly cast for carbon dioxide is $7,80(1. We would need $23,400 to get us through the last three months of this fiscal year, We have enough to cover this either with what's left in the Praxair BPO, or with money left in the general chemical account. Thanks again, John M. Bullard Water'i'reatment Plant Manager 200 SW 6th St. Delray Beach, ~L 33444 561..243-7319 bullardiCJmydelraybeach.cam 13illl~ ~{~)2 ~ll~)~)~~' P1'a~)asal Subinztted to: City of llelray Beach 100 NW 1 s~ Ave. Delray Beach, Tlorida 33444 Attn: John Bullard Subrr~itted By: Jerry L. Stanley Airgas Carbonic Regzonal Sales Manager 800-241 5882 Ext. 204 1•±ax 813-935-1434 Date: June 10, 2011 BUSINESS CONFIDENTIAL This document and the information contained within is considered "Business Confidential "and should not be copied, reproduced, or in any way disclosed to other companies or individuals that are nat directly employed by the company for which this document was submitted. 7"his confidentiality does not pertain to information considered public knowledge or information that could otherwise be obtained through public means. F_ _,_a PRODUCT QUALITY Liquid CC32 produced in Camilla, Ge©r~ia Liquid C02 produced in Camilla,. Georgia exceeds the Compressed Gas Association's (CGA) specifcation for "food Grade" C02. Continuous monitoring of key process variables and quality control points assure that liquid carbon dioxide is produced to the most stringent specifications. Neither the processes nor the raw materials are derived fro~x~ "animal" by-products. The following is a table that compares the CGA's specification to an independent lab analysis of product produced at Camilla, Georgia: 1Tetit Dsc~-iEitii~r- ' C(=.1 5pf'Clfi(':it1011 •`T'ood Grade"" _ i `t~bun nn~ri~t~ ~i,ui~iizr' `v1 , ~ 99.5°/a Acetaldel yde 0.5 Carbon: rulanaxida ;CC~1 10.0 Car>ao~~f Sialfid~ (:GUS 0.5 Nr.nc C)h;de iNUj kVan~~clitile f~`FSid~.ies. (~~tt ,) Ud©r :Taste Ox~c~e~ Stalfur~b€axicie (SO~j Total l~ydrac~rhon 'ran;tent tas r7~et°~ani<~__.. 'Total'Sultrtr _ ~1Uat~r (H~0) 0.5 s.o 10 Free of foreign odor Tree o£ Foreign taste 50.0 5A 50.0 O.S 20.0 'l'i~ritr I'~sf ~~, 1)cFect#au ~i,irndt ~'(^f'~(iE'Fl7f`[~ ~I ~3C'C tUSt ,:..~ ~r'.~ ~,t~~ l fi~t~ F3pnt E~.`~ h i)nit5.-~~nt (~~rti"}~ ~;an i~~teCt~~i ]a} - -_ '~!i,r~~ .it"~ct~~l O:O~' ~~~r~i_ ~i_~:tat~.l 0.~ ~i .~?n~ ,~ia~_:~~i Z.Cr rr~:,td~r~ ,; u~; r",u t'~~E~ ~ ,i 7 NiA . ~~~,#2r~ ~~~~ ~ . NIA ;~ ~1~?n, ti3~~~~~i~ cl _ 4.0 '~,~n~ ~~ ,~~ , { j __ OAS i O.I '•1t1n: ,l~ r~:c~,_.j ...,, BUSINESS CONFIDENTIAL 0.05 1:0 2 of 4 C_3 SUPPLY RELIABILITY CU2 PRODUCTION New and effzcie~~t nneans of production and distribution have enabled Airgas to reliably serve the expanding requirements of our customers. We are proud to present the following list of our production facilities with their respective capacities to illustrate our growing COQ supply netwnxk: Plant Locations Production Canacit Star, MS Star, MS Augusta, GA Camilla, GA Hopewell, VA Richmond, VA Lawrenceburg, IN Stanley, Wl Cheyenne, WY St. Helens, OR LaPorte, TX Amistad, NM 1,200 tans/day 1,000 tans/ day expansian 1,150 tons/day 450 tons) day 700 tans/ day 55 tonsl day 75 tons/ day 180 tans) day 50 tans/ day 60 tons/ day 75 tons/ day 200 tons) day DISTRIBUTION Airgas has developed a sophisticated distribution network that utilizes trucking and rail transportation modes. Every i~najor maxket served by Airgas can be supplied by rail deliveries. This ability is important to provide "backup" capability to our production facilities and ensure reliable cost-effective supply. The following is a summary of the distribution fleet maintained by Airgas: - Truel~ing - 100 tractor-tankers each capable of hauling 40,000 pounds of liquid C02. - Rail - 200 railcars each capable of hauling 160,000 pounds of liquid C02. Tlae Augusta facility has the ability to receive railcar deliveries as a back-up from other Airgas production facilities. To further ensure product supply, Airgas has secured buying agreements from competitive C02 co~~.panies in the event of a contingency pexiad. Conversely, several major C02 suppliers are currently using this Augusta facility as a pick-up point to supplement theix supply or reduce their distribution expense. BUSINESS C~NFIll~NTIAL 3 of 4 ~ __ SERVICE & TECHNICAL SUPPORT Airgas provides services for installing, maintaining, and troubleshooting standard COQ storage vessel equipment. Tech~~ical and engineering resources can be provided to customers with needs pertaining to the application of C02. PRICING Airgas proposes to supply carbon dioxide to City of Delray Beach Camilla Estimated COZ Consumption ...................500 Tons Storage Tank Size ..................................... 50 Ton Delivered Price ::.....................................$ 0.0975 per lb. 5195.00 / Toaa TERMS Supply Term : ...........................Pricing firm (l) Year with 2 Year Renewal options. Start date: ........................... pending Approval •:~ All pricing valid for sixty (60} days. BUSINESS CON~'IDENTIA~L 4 of 4 IVSI' I~~~~r~a~i~r~:~I OFFICIAL LISTING NSE International Certifies that the products appearing on this Listing conform to the requireme:nL-s of NSF/A1~ST Standard 60 _ Drinking Water Treatment Chemicals - Health Effects This is the 4£fica.al Listing recorded an September 8, 2010. Airgas Carbor€ia 2530 Seven' Road Su3~e 300 I~awxezxceva.l.le, ~A 36043 770_717-220D Faoility: Augusta. GA Chemical/ Trade Designation Carbon Dioxide Carbon Dioxide Facility: Star, MS Chemical/ Trade Designation Carbon Dioxide Carbon Diox9.de Facility: xnpewTell, VA Chemical/ Trade Designation Carbnn Dioxide Carbon Dioxide Facility: Deer Park, TX Chemical/ Trade Designation Carbon Dioacide Carbon 17iaxide Facility: Pelham, GA Chemical/ Trade Designatinn Carbon Dioxide Carbon Dioxide Function Max Use px Adjustment 200 mg/L k'unction Max Use pH Adjustment 200 mg/L Function Max Use Corrosion & Scale Control 2DD mg/L px Adjustment Function Max Use Corrosion & Scale Control 200 mg/L pH Adjustment Function Max Use Corrosion & Scale Control 2D0 mg/L px Adjustment Note: Additions shall not be made to this document without prior evaluation and acceptance by NSF International. 1 of 1 76760 78J N.1Jixboro Raid, r~nri firbo~•.1~'13chiry~:n 481(#5-97'L'3 USr~, 1-84~-1VS~-i~iA121C / 73A-7(#9-8010 tivww.rtsP.cx~; a .~ ~ ~; ~ ` .. Carbon Dioxide Section 1. Chemical product and company identification I~roduct Name : Carbon Dioxide Supplier : AIRGAS INC., on behalf of its subsidiaries 259 North Radnor-Chester Road Suite 100 Radnor, PA 19087-5283 9-690-687-5253 Prot9uct ease SyntheticlAnalytical chemistry. MDSE : 001013 Late srf C115C2006. Rreiaa r~tiC3rBIRe'iCisiarE lr~ case of erv~er~ency : 9-886-734-3438 Section 2. Hazards identification Physical state Gas. Errrergency overview Warning! CONTENTS UNDER PRESSURE. CAUSES DAMAGE TO TFI FOLLOWING ORGANS: LUNGS, GARDIOVASGULAR SYSTEM, SKIN, EYES, CENTRAL NERVOUS SYSTEM, EYE, LENS OR GORNEA. MAY CAUSE RESPIRATORY TRACT, EYE AND SKIN IRRITATION. Avoid contact with skin and clothing. Avoid breathing gas. Do not puncture or incinerate container. Keep container closed. Use only with adequate ventilation. Wash thoroughly after handling. Gantact with rapidly expanding gas, liquid, or solid can cause frostbite. Routes of entry : Inhalation,Dermal,Eyes F~otential acute health effects Eyes Moderately irritating to the eyes. Skin. : Moderately irritating to the skin. lt~halation Moderately irritating to the respiratory system. lrrgestion Ingestion is not a normal route of exposure for gases Potential chronic health CARCINOGENIC EFFECTS Nat available, effeots MUTAGENIC EFFECTS Not available. TERATOGENIC EFFECT.: Not available. Medical conditions : Acute or chronic respiratory conditions may be aggravated by overexposure to this gas. aggravated by overexposure See toxicological information {section 11) Section 3. Composition, Information on Ingredients N~rt~e CA a @~tkTYFl3~r % Volume Ex c~sure lirrtits Carbon Dioxide 124-38-9 100 ACGIN TLV (United States, 912x04}. STEL: 54000 mglm3 95 minute{s). Form: All forms STEL: 30000 ppm 95 minute(s). Form: All forms TWA: 9000 mg/m s 8 hour{s}, Farm: All farms TWA: 5000 ppm 8 hour{s). Farm: All forms NIOSH REL (United States, 612001). STEL: 54000 mglm3 95 minute{s). Form: All forms STEL: 30000 ppm 15 minute(s). Form: All forms TWA: 9000 mg/m 3 10 hour(s). Form: All E:3uilci 1.~ Page: 9/S Carbon Dioxide forms TWA: 5000 ppm 10 hour(s). Form: Alf forms OSHA PI=L (United States, 6!7993). TWA: 9000 mg/m s 8 hour{s). Farm: All farms TWA: 5000 ppm 8 hour(s). Form: Alf farms Section 4. First aid measures No action shall be taken involving any personal risk or without sui#able training.lf fumes are still suspected #o be present, the rescuer should wear an appropriate mask or aself-contained breathing apparatus.lt may be dangerous to the person providing aid to give mouth-to-mouth resuscitation. Fye ccsntact In case of cantac#, immediately flush eyes with plenty of water for at least 15 minutes. Get medical attention immediately. Skin ccantact : In case of contact, immediately flush skin with plenty of water. Remove contaminated clothing and shoes. Wash clothing before reuse. Thoroughly clean shoes before reuse. Get medical attention. Frostbite Try to warm up the frozen tissues and seek medical attention. inhala&isart If inhaled, remove to fresh air. If not breathing, give artificial respiration. If Brea#hing is difficult, give oxygen. Get medical attention. ingestiar~ t]o NOT induce vomiting unless directed to do so by medical personnel. Never give anything by mouth to an unconscious person. Get medical a#tentian if symptoms appear. Section 5. iFire fighting measures '1ar~rrDa~ifity of the prods~ct Nan-flammable. Fire figi~tirtg rr~edia and Use an extinguishing agent suitable for surrounding fires. instrcrctians ff involved in fire, shut off #law immediately if it can be done without risk. Apply water from a safe distance to cool container and protect surrounding area. No specific hazard. Special protective : Fire fighters should wear appropriate protective equipment and self-contained breathing egt~ipr~ent tc€rfirc-'Fighter's apparatus (SCBA} with a full facepiece operated in positive pressure mode. Section 6. Accidental release measures F~ersor~ai preeautioras Immediately contact emergency personnel. Keep unnecessary personnel away. Use suitable protective equipment (section 8). Shut off gas supply if this can be done safely. Isolate area until gas has dispersed. ~nvirortrroentai precatatie~ns : Avoid dispersal of spilled material and runoff and contact with sail, waterways, drains and sewers. Section 7. Handling and storage Handling Avoid contact with eyes, skin and clothing. Keep container closed. Use only with adequate ventilation. Do not puncture ar incinerate container. Wash thoroughly after handling. High pressure gas. Use equipment rated for cylinder pressure. Close valve after each use and when empty. Protect cylinders from physical damage; do not drag, rail, slide, ar drop, Use a suitable hand #ruck far cylinder movement. Never allow any unprotected part of the body to touch uninsulated pipes ar vessels that contain cryogenic liquids. Prevent entrapment of liquid in closed systems or piping without pressure relief devices. Same materials may become brittle a# low temperatures and will easily fracture. Storage : Keep container tightly closed. Keep container in a cool, wef[-ventilated area. Cylinders shaufd be stared upright, with valve pratec#ian cap in place, and firmly secured to prevent falling nr being knocked aver. Cylinder temperatures should not exceed 52 °C (125 °F). E~3CtiiC4 9 7 Page: 2/6 Carbon Dioxide Section 8. exposure Controls, Personal Protection r~gineering contrcais Use only with adequate ventilation. Use process enclosures, local exhaust ventilation, or other engineering controls to keep airborne levels below recommended exposure limits. ~ersor~ai ~arat~ction dyes : Safety eyewear complying with an approved standard should be used when a risk assessment indicates this is necessary to avoid exposure to liquid splashes, mists ar dusts. When working with cryogenic liquids, wear a full face shield. Skin Personal protective equipment far the body should be selected based an the task being performed and the risks involved and should be approved by a specialist before handling this product. F~espiratary Use a property fitted, air-purifying or air-fed respirator complying with an approved standard if a risk assessment indicates this is neaessary.Respiratarsclection must be based an known ar anticipated exposure levels, the hazards of the product and the safe working limits of the selected respirator. The applicable standards are (US} 29 CFR 1919.134 and (Canada) 294.4-93 blonds : Chemical-resistant, impervious gloves or gauntlets complying with an approved standard should be wom at all times when handling chemical products if a risk assessment indicates this is necessary. Insulated gloves suitable for low temperatures F+eraanal pre~tectigrs in case : Aself-contained breathing apparatus should be used to avoid inhalation of the product. of a (ergs spilB Consult local authorities for acceptable exposure limits. Section 9. Physical and chemical properties lolecuiar weight 44.01 glmale Molecular forr'nula CO2 ~oiliraglcor~densatirsn paint ..78.55°C (-109.4°F} ~leltinglfreezing point Sublimation temperature: -78.5°C (-109.3°F) Critical terr~perature 30.9°C (87.6°F} ~fapor pressure : 830 psig vapor density 1.53 (Air = 1) Specific ~lolume (ft3llb} : 8.77193 Cos ~3er~sity (lblft~) 0.114 Section 10. Stability and reactivity Stability artd reactivity : The product is stable. Section 11, Toxicological information ~~~1 In redier~t raarpte 'Pest ~estxlt l~rsute S ecies Carbon Cioxide Nat available. Nat available. Not available. Not available. l~R.,.l-l :40000 ppm Ghroriic effects esn hurr~ans Causes damage to the fallowing organs: lungs, cardiovascular system, skin, eyes, central nervous system (CN5}, eye, lens or cornea. C3ti'€er toxic effects ors Na specific information is available in our database regarding the other taxia effects of humans this material far humans. Sp~ei~ic_ef~e~~s Carcin®genic effects : Na known signifcant effects or critical hazards. ~ltatagenie effects No known signifcant effects or critical hazards. Faeproduction toxicity Na known significant effects ar critical hazards. (3u~~c~ 1, ~ Page: 3/6 Carbon Dioxide Section 12, ecological information lrt rediettt narxse~ci~s c~rio~ Result Carbon Dioxide Nat available. Not available. Not available. Products of degradation :These products are carbon oxides (GO, CO 2). T`axicity of the presc8ucts of not available biodegradation Erovironrr~ental fate Nat available. Envirrs~mental hazards No known signifleant effects or critical hazards. Toxicity to ttte environrr~ent Nat available. Section 13. Disposal considerations product rerr~oved from the cylinder must be disposed of in acct~rdartce with appropriate ~edera{, Mate, local regulatian.Return cyiirEders with residual product to Airgas, Ine.Do not dispose of locally. Section 'l4. Transport information Regulatpry l.lltl r€urrober Prager shipping . Glass PacE~ing grtsup Lal3e1 ,~dditlcanal irtfesrrttatie~n name irsfrarrreation DC3T Classificati~sn 1iN1013 CARBON DIOXIDE 2.2 Not applicable {gas}. ~ Limited uantit Yes. UN2187 Carbon dioxide, refrigerated liquid Packaging InstrUCtiOn Passenger Aircraft Quantity limitation: 75 kg Cargo Aircraft Quantity limitation: 150 kg TDG Giassification UN1D13 CARBON DlOXiDE 2.2 Not applicable (gas). Explosive Limit and Limited 1JN2187 Carbon dioxide, uantit refrigerated liquid Index (}.125 Passenger Carrying Road or Rail Index 75 ~exiccr UN1l)13 CARBON DIOXIDE 2.2 Nat applicable (gas). - Classificatiart UN2187 Carbon dioxide, refrigerated liquid f:3t~i€ci 1. ~ Page: 4/6 Carbon Dioxide Section 15. Regulatory information United ~~~~~~ L.S. Federal regulations TSCA 8(b) inventory: Carban Dioxide SARA 302l3 04131 1 131 2cxtremely hazardous substances: No products were found. SARA 3021304 emergency planning and notification: No products were found. SARA 302130413111312 hazardous chemicals: Carbon Dioxide SARA 3111312 MSDS distribution -chemical inventory -hazard identification: Carbon Dioxide: Sudden Release of Pressure, immediate (Acute) Health Hazard, Delayed (Chronic) Health Hazard Clean Water Aet (CWA) 307: No products were found. Clean Water Act (CWA) 311: Na praducts were found. Clean air act (CAA) 112 accidental release prevention: No products were found. Clean air act (CAA) 112 regulated flammable substances: No praducts were found. Clean air act (CAA) 112 regulated toxic substances: No products were found. State regulations Pennsylvania RTK: Carbon Dioxide: (generic environmental hazard} Massachusetts RTK: Carbon Dioxide New ,lersey: Carbon Dioxide Canada Wi°{MIS (Cae~ada} Class A: Compressed gas. CEPA DSL: Carban Dioxide Section 1 fi. Other information United States Label Require~nent5 CONTENTS UNDER PRESSURE. CAUSES DAMAGE TO THE FOLLOWING ORGANS: LUNGS, CARDIOVASCULAR SYSTEM, SKIN, EYES, CENTRAL NERVOUS SYSTEM, EYE, LENS OR CORNEA. MAY GAUSS RESPIRATORY TRACT, EYE AND SKIN IRRITATION. Canada L.ahel E~equiremer~ts Class A: Compressed gas. Hazardous Material : * ._._~ fntarrr~ation Systarn (U.S.A.) --- -___ _ _ - __ .. .Reactivity.. ' ~' Persona! protection ~ C~~ liquid: d :j ,..., Reaeirivity 0 ........ Personal protection hlational Eire Protection Assooiation (1.8.5.~1.j ~~ Eiarnrnability i-lealth ~ 0 [nstabi6ity Special liquid: EElultc~ ~.~ Page: 5/6 Carbon aiaxide ~7 Flarnrnai:rility Health © Instability special notice to reader To the best of our knowledge, the information contained herein is accurate. However, neither the above named supplier nor any of its subsidiaries assumes any liability whatsoever for the accuracy or completeness of tyre information contained herein. Final determination of suitability of any material is the sole responsibility of the user. All materials may present unknown hazards and should be used with caution. Although certain hazards are described herein, we cannot guarantee that these are tyre only hazards that exist. ~,~:~~'ci ~ . ~ Page; B/6 Airgas.. 6340 Sugariaaf Pkwy., Ste. 300 Duluth, GA 30097 PH: (774) 717-22D4 I=AX: (770} 777-2222 http:llwww. a i rgas. com AIRGAS VENDOR & CONTACT INFORMATION NAME: Airgas Carbonic Sales Confiact:• Purchase Orders: Contract Agr~emen~s .Jerry Sfianley P.U. Box 17144 Tampa, Florida 33682 Ph: 813-933-0663 Cell 813220-8881 Fax: 8'13-935-1434 Di~isionlSubsidiary of: Airgas, Inc. 6340 Sugarloaf Parkway Suite 300 Duluth, GA 30097 Ph; (770) 717-2200 or Toll Free (800) 24'1-5882 Fax: (770) 717w2222 ~omifitar~ce Address: Airgas Carbonic P.U. Box 120001 -Dept. 822 Dallas, TX 75312-0822 Ph: (800) 530-2662 E-Mail: .Jerry.Stanley(c~Airgas.com Federal lD: 58-2298979 Corporation Large Business, Manufacturer SIC #: 2813, 5088, 7359 DUNS #: 041138371 Cor~orafie DUNS #: 02449286D Ca eq Code: 1 E9U7 MEMORANDUM TO: Mayor and City Commissioners FROM: Amy E. Alvarez, Historic Preservation Planner Paul Dorling, AICP, Director of Planning and Zoning THROUGH: City Manager DATE: June 15, 2011 SUBJECT: AGENDA ITEM 9.A. -REGULAR COMMISSION MEETING OF .TUNE 21, 2011 WAIVER REQUESTS/202 NORTH SWINTON AVENUE ITEM BEFORE COMMISSION The action requested of the City Commission is approval of three waivers. The first waiver seeks relief from LDR Section 4.6.9(D)(2)(b), to reduce the minimum required combined depth of alley and parking spaces from 42' to 38'6". The second waiver seeks relief from LDR Section 4.6.9(D)(2)(b), to reduce the required parking space width from 10' to 9'. The third waiver seeks relief to 4.6.9(D)(3)(a-b), to reduce the required driveway width from 24' to 18' at the point of access from North Swinton Avenue for 202 North Swinton Avenue. BACKGROUND At its meeting of June 1, 2011, the Historic Preservation Board (HPB) considered and approved with conditions a Certificate of Appropriateness (COA) and Class V Site Plan for site improvements associated with a change of use from single-family residential to office. The HPB considered these waiver requests concurrently with the COA and Site Plan requests and recommended approval of each waiver on a vote of 7-0. A revised site plan which addresses the HPBs conditions is attached for reference. WAIVER ANALYSIS Pursuant to LDR Section 2.4.7(B)(5), prior to granting a waiver, the approving body shall make a finding that the granting of the waiver: (a) Shall not adversely affect the neighboring area; (b) Shall not significantly diminish the provision of public facilities; (c) Shall not create an unsafe situation; and (d) Does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. Requests: Pursuant to LDR 4.69(D)(2)(b), Off-Street Parking Regulations, Provisions for Ingress and Egress, each required parking space shall be accessible at all times. Access which conforms with minimal aisle standards and which includes maneuvering area so that a vehicle must be able to enter and exit the parking area onto a street or alley in a forward manner shall be provided, except when the parking is adjacent to an alley and the parking space and alley have a combined minimum depth of 42' and a minimum width of ten feet (10') and the location of parked vehicles does not impair sight distance of pedestrians or vehicles utilizing the alley. Depth Relief from forty two feet (42') to thirty eight feet, six inches (38'6") is now requested. The extra depth can be easily provided; therefore, a waiver of four feet (4') is not appropriate. A reduction to a total of thirty nine feet, six inches (39'6") could be justified as the additional two foot, six inch (2'6") depth will be provided through dedication with development of the parcel across the alley. In consideration of the above, the reduction is not supported as it would adversely affect the neighborhood by not providing sufficient maneuvering area for vehicles and would create ingress and egress hazards along the alley impacting both those utilizing the subject spaces, the spaces on the adjacent property, and traveling through the alley. The provision of public facilities would be impacted only temporarily by the reduction to 39' 6". Finally, the granting of the waiver, as requested, is considered a special privilege in that the requirement could be met by adjusting the parking spaces inward to the property and no existing conditions exist which prohibit this adjustment. Given the above, the request to reduce the depth from 42' to 38'6" is not supported. However, a revision to reduce the depth from 42' to 39' 6" would be supported. Width A waiver to this requirement is necessary as the proposed parking space width is nine feet (9'), whereas a width of ten feet (10') is required. This increased width is even more important if the reduced depth noted above is approved as the vehicles backing out must begin turning before they are fully out of the space, thereby needing additional width to avoid clipping adjacent vehicles. In consideration of the above, the reduction from 10' to 9' is supportable IF the depth is increased to at least 39' 6". A reduction of both the depth and width would create a hazardous maneuvering area. The granting of the subject waiver in itself may not be considered a special privilege in that this has been approved in similar cases providing parking off the alley, has the required amount of depth (42'). Given the above, the request to reduce the width from 10' to 9' is supportable only if the depth is increased to at least 39' 6", which will eventually be 42' with redevelopment. Pursuant to LDR Section 4.6.9(D)(3)(a-b), Off-Street Parking Regulations, Point of Access to the Street System, Maximum and Minimum Width, the point of access to a street or alley shall be a maximum of twenty-four feet (24') and shall not be less than 24' for a normal two-way private street or parking lot driveway aisle, 20' for a private driveway which has less than 200 Average Daily Trips (ADT), 12' for a one-way driveway or parking lot aisle. A waiver to this requirement is necessary as the proposed point of access from North Swinton Avenue measures eighteen feet (18') in width. In consideration of the critera noted above, the request may be supported in that the reduction should not adversely affect the neighboring area as the proposed size is in keeping with the residential scale desired in the historic district, while providing adequate room for vehicular traffic to enter and exit the parking lot. The provision of public facilities should not be impacted. While the proposed width is substandard, traffic volumes are low and the width provided is equal to two parking spaces, the amount of spaces accommodated in this parking lot is minimal (3), thereby minimizing potential conflicts. Further, there is sufficient space within the parking area to be utilized when one car is waiting on another to either enter or exit. Last, the granting of the subject waiver is not a special privilege in that it has been granted in similar circumstances for historic properties undergoing an adaptive reuse to commercial from residential. Further, the granting of the waiver permits the maintenance of the residential character on the subject property. Based on the above, positive findings can be made with respect to LDR Section 2.4.7(B)(5). RECOMMENDATION Approve the waiver to LDR Section 4.6.9(D)(2)(b), to reduce the minimum required combined depth of alley and parking spaces from 42' to 39'6", as opposed to the reduction to 38'6" as requested, based upon positive findings with respect to the LDR Section 2.4.7(B)(5). Approve the waiver to 4.69(D)(2)(b), to reduce the required parking space width from 10' to 9', provided that a depth of 39' 6" is provided, based upon positive findings with respect to LDR Section 2.4.5(B)(5). Approve the waiver to LDR Section 4.69(D)(3)(a-b), to reduce the required driveway width from 24' to 18' at the point of access from North Swinton Avenue, based upon positive findings with respect to LDR Section 2.4.5(B)(5). IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA WAIVER REQUESTS FOR 202 N. SWINTON AVENUE ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA 1. The waiver requests regarding 202 N. Swinton Avenue have come before the City Commission on June 21, 2011. 2. The Applicant and City staff presented documentary evidence and testimony to the City Commission pertaining to the waiver requests for 202 N. Swinton Avenue. All of the evidence is a part of the record in this case. Waiver: Pursuant to LDR Section 2.4.7(8)(5), prior to granting a waiver, the approving body shall make a finding that the granting of the waiver: (a) shall not adversely affect the neighboring area; (b) shall not significantly diminish the provision of public facilities; (c) shall not create an unsafe situation; and (d) does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. A. Pursuant to LDR 4.6.9(D)(2)(b), Off-Street Parking Regulations, Provisions for Ingress and Egress, each required parking space shall be accessible at all times. Access which conforms with minimal aisle standards and which includes maneuvering area so that a vehicle must be able to enter and exit the parking area onto a street or alley in a forward manner shall be provided, except when the parking is adjacent to an alley and the parking space and alley have a combined minimum depth of 42' and a minimum width of ten feet (10') and the location of parked vehicles does not impair sight distance of pedestrians or vehicles utilizing the alley. 1. Depth: Relief from forty two feet (42') to thirty eight feet (38') is now requested. The extra depth can be easily provided; therefore, a waiver of four feet (4') is not appropriate. A reduction to a total of thirty nine feet, six inches (39'6") could be justified as the additional two foot, six inch (2'6") depth will be provided through dedication with development of the parcel across the alley. Should the waiver to Section 4.6.9(D)(2)(b) to reduce the minimum depth of alley and parking spaces from 42' to 38' be granted? Yes No 2. Width: A waiver to this requirement is necessary as the proposed parking space width is nine feet (9') whereas a width of ten feet (10') is required. This increased width is even more important if the reduced depth noted above is approved as the vehicles backing out must begin turning before they are fully out of the space, thereby needing additional width to avoid clipping adjacent vehicles. Should the waiver to LDR Section 4.6.9(D)(2)(b) to reduce the minimum parking space width from 10' to 9' be granted? Yes No B. Pursuant to LDR Section 4.6.9(D)(3)(a-b), Off-Street Parking Regulations, Point of Access to the Street System, Maximum and Minimum Width, the point of access to a street or alley shall be a maximum of twenty-four feet (24') and shall not be less than: 24' for a normal two-way private street or parking lot driveway aisle, 20' for private driveway which has less than 200 ADT, 12' for cone-way driveway or parking lot aisle. A waiver to this requirement is necessary as the proposed point of access from North Swinton Avenue measures eighteen feet (18') in width. Should the waiver to Section 4.6.9(D)(3)(a-b) to reduce the driveway width from 24' to 18' be granted? Yes No 3. The City Commission has applied the Comprehensive Plan and LDR requirements in existence at the time the original site plan 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, testimony of experts and other competent witnesses which supports the findings set forth in this Order. 5. Based on the entire record before it, the City Commission approves denies the waiver requests and hereby adopts this Order this 21st day of June, 2011, by a vote of in favor and opposed. ATTEST: Nelson S. McDuffie, Mayor Chevelle Nubin, City Clerk 2 E°IIT°RI R~VATI IV AR c~TV ®F ®ELRAY ~~A~H ~~A~F RED®RT MEETING ®ATE: .tune 1, 201 ~ ITEM: 202 North Swinton Avenue, Old School Square Historic District -Certificate of Appropriateness and Class V Site Plan (2006-423) for a change of use from residential to office. GENERAL DATA; Owner :....................... Charlotte Danciu Agent :........................ Currie Sowards Aguila Architects Location :..................... 202 North Swinton Avenue ~! LAKE I D A RU. N, arH sr, Property Size :.............. .32 acres a Future Land-Use Map:... Other Mixed Use (OMU) - ~- Current Zoning :............ Old School Square Historic Arts ^istrict --- - ,-- (OSSHAD) - ---~ a --- --- ~ - - N _.- _ _ z --- - .. Ad~acent Zonin -~- t g:.......... _ > .. North: OSSHAD a N,yy, D ST. N.E. 3RD S7. South: OSSHAD - East: OSSHAD _= _ _ -- West: OSSHAD _. Existing Land Use:........ Single-Family -_.. _._ ._.... __ z Proposed Land Use:..... Office ~ - - N.w. 2ND 5~. N,G. zND 57, Water Service :............ Existing on site ~ ~nz~~ Sewer Service :..... . ...... Existing on site ,a~rLA~vTIc N -~ ITEM BEFORE THE BOARD The item before the Board is consideration of a Certificate of Appropriateness (COA), Class V Site Plan, and waiver requests for 202 North Swinton Avenue, Old School Square Historic District, pursuant to LDR Section 2.4.5(F}. The subject property is located on the northwest corner of North Swinton Avenue and NE 2nd StreetlDr. Martin Luther King, Jr. Drive. BACKGROUND AND PROJECT DESCRIPTION The subject property consists of Lots 11 and 12, Block 58, Town of Delray, and is zoned Old School Square Historic Arts District {OSSHAD}. Located within the Old School Square Historic District, the property contains atwo-story, Frame-Vernacular style residence constructed in 1930, and is classified as contributing to the historic dis#rict. A detached storage structure is located at the southwest corner of the property. There are no previous COAs on file for the subject property, The subject request is for a change of use from single-family residential to Professional Office, and consists of the following site improvements; • Four (4) parking spaces (concrete) along the alley at the rear of the property; • Three (3) parking spaces (pavers) gaining access from North Swinton Avenue, at the front of the property; • Removal of existing circular driveway (asphalt); • Associated landscaping improvements. It is noted that there are no exterior changes to either the historic s#ructure or the storage building. Four waiver requests have been submitted as follows: • LDR Section 4.4.24(G){3), to permit the location of parking spaces forward of the existing building; • LDR Section 4.6.9{D)(2){b), to reduce the required back-out depth from 42' to 35'6" for parking along the alley; • LDR Section 4.6.9(D){2)(b}, to reduce the required parking space width along an alley from 10' to 9'; • LDR Section 4.6,9(D}(3}{b}, #o reduce the required ingress & egress driveway width from 24' to 1$'. The subject COA, Class V Site Plan Application, and waiver requests are now before the Board for consideration. SITE PLAN & DEVELOPMENT STANDARDS Items identified in the Land Development Regulations shall specifically be addressed by the body taking final action an the site and development applicationlrequest. Article 4.3, District Regr~latians, Special Provisions Section ~1.3.3[K), Development Standards I ' ~ 1 :~~Vr ~Ik: Properties located within the requirements in the chart belo requirements: OSSHAD zoning district shaft be developed according to the w. As illustrated, the proposal is in compliance with the applicable i red ...Pro Height (Maximum} _ _ 35' NIA* ` Front Setback ~East~ ~ __ __ _ 25' ~ _ 40'~ Side Street Setback (South) ! 15' ~ 19'6"* 3 Side Interior North} 7'6" 41'~ _ _ Rear Setback_{West} _ , _ _ 10' ~ 6"** _ Open_S~aace (Non Vehicular) 25o/fl _ -- 5g% -- Lot Coverage _ ', 40% 41 __ _ *No Change #o Existing *Setback of accessory structure is presently 3'; reduced to 6" due to required ri ght of way dedication of 2'6". STAFF COMMENT: The proposed improvements meet the requirements of the Development Standards noted above. As indicated, the storage building is presently situated approximately three feet (3'} from the property line, Thfs setback wilt be further reduced by the required right of way dedication, resulting in a six inch (6"} setback. Article 4.4, Base Zoning District Section 4.4.24, OSSHAD (B)(3), Principal Uses and Structures Business, Professional, Medical and Governmental Offices are allowed within the OSSHAD as permitted uses. (G}(3), Supplemental District Regulations AI! parking, except for single family homes and duplexes, shall be located in the side or rear yard or adjacent to a rear alley. No such parking steal! be located in fhe area between any street and fhe cbsest building or structure. (G)(4)(d), Parking Requirements Business and professional offices shat! provide one (1) space per 300 sq. ft. of fatal new or existing net float area being converted fo office use. This requirement may be reduced to one parking space per 400 sq. ff. of net floor area, or by at least one space, where there is a mix of residenfial and office use in the same structure. STAFF COMMENT: The proposed office use is permitted in the OSSHAD zoning district. The noted °net floor area" devoted to office use measures 842.18 square feet, which requires three (3) parking spaces. The proposal includes the provision of four (4) spaces including one handicap located along the alley at the rear of the property, as well as three {3) spaces gaining access from the front of the property, for a total of seven {7) parking spaces. Thus, the applicable OSSHAD requirements noted above have been met. __ _ _ _ Article 4.6: Supplemental District Regulations Section 4.6.6, Commercial and Industrial Uses to Operate Within a Building {C)(1), Restrictions on Outside Usage Dumpsters, recycling containers and similar service areas must be enclosed on fhree sides with vision obscuring gates on the fourth side, unless such areas are not visible from any adjacent public righf-of way. iil ~ ,. -.~=~~_1 r1vUn~ _ STAFF COMMENT: The location of recycling and trash bins has been indicated on the north side of the historic structure, in front of the existing fence. The plans, however, do not indicate the provision of a hard surface area for these containers, and while the area will be surrounded by landscaping, it does not appear that the visibility will be completely obscured. Therefore, the provision of hard surface area with sufficient screening has been added as a condition of approval. Section 4.6.8, Lighting (A)(1), Luminaries Height Maximum height allowed for luminaries in Commercial Parking Lats is 25'. {A)(2), Cutoff Luminaire Required A!1 perimefer exterior lighting shall be full cutoff luminaries to minimize spillover on adjacent properties. !n order to decrease urban glow, no luminaries steal! be directed upwards. {A){3), Illumination Standards Illumination standards for the subject property apply as follows: T pe of Li htin Illumination Foot Candles Maximum 1 Pro osed Minimum 1 Pro osed Avera e Office Parking Lot: Front 12.013.5 1.01 .9 2.4 Office Parking Lot: Rear 12.01 1.7 1.01 .7 1.0 STAFF COMMENT: The proposed lighting consists of two (2} 17' tall, concrete poles with an acorn style light fixture adjacent to either side of the front parking area, while a 12' tall, concrete pole with acorn style light fixture is proposed at the front of the parking along the alley. The proposed lighting style is appropriate to the historic property. The average foot candle calculation is within the required maximum and minimum foot candles. Therefore, the proposal meets the requirements of the subject Section. Section 4.6.9, Off-Street Parking Regulations {C)(1){c)(3), Bicycle Parking Bicycle parking facilities shall be provided in a designated area by a fixed or stationary bike rack for any non-residential use within the City's TCEA which, through fhe development review process, is determined to generate a demand. STAFF COMMENT: A bike rack has been provided at the front of the historic structure, and is decorative in nature as it is in the abstract shape of a boy. The color of the bike rack is red to coordinate with the existing trim color on the historic structure. While it is apprecia#ed that the proposed style is not the typical or generic style more commonly found an non historic properties, bicycle racks are typically more in keeping with the architectural style of the building. Therefore, the Board may want to consider that the applicant revise the style of bike rack. Section 4.6.9, Off-Street Parking Regulations (D){2)(b), Provisions for Ingress and Egress Each required parking space shall be accessible at all times. Access which conforms with minima! aisle standards and which includes maneuvering area so that a vehicle must be able to enter and exit the parking area onto a sfreef or alley in a forward manner shall be provided, except when the parking is adjacent to an alley and the parking space and alley have a combined minimum depth of 42' and a minimum width of ten feet (10'} and the location of parked vehicles does not impair sight distance of pedesfrians or vehicles utilizing the alley; STAFF COMMENT: The combined depth ofi the rear parking spaces and the alley measures approximately 35'6", whereas a combined depth of 42' is required, for a deficiency of 6'6". Further, the parking spaces measure nine feet (9') wide, as opposed to the required ten feet {10'). Therefore, a waiver to reduce the depth of the parking area, and the width of the parking spaces has been submitted and is analyzed. in the next section of this report. (D)(3){a-b), Point of Access to the Street System, Maximum and Minimum Width The point of access to a street or alley shall be a maximum of twenty-four feet (24) and shall not be Less than: 24' for a normal two-way private street or parking lot driveway aisle, 20' for a private driveway which has less than 200 ADT, 92` for a one-way driveway or parking lot aisle. STAFF COMMENT: A broken asphalt circular drive exists at the front of the property; the entry points are located towards the northeast corner of the property and, until recently, at the southeast corner with access from NW 2nd StreetlMLK Drive. The access from NW 2nd Street was removed with the current beautification project along this street. The proposal removes the existing driveway, and provides far a brick paver parking area with an 1 S' wide entry off of North Swinton Avenue, towards the northwest corner of the property. The entry continues into a three (3} space parking area consisting of two {2} standard spaces, and one (1) compac# space, and provides two (2) back out areas, one for each side. All other measurements associated with this parking area are met with the exception of the point of access width. Due #o the proposed aisle wid#h which does not meet the minimum 24' requirement for atwo-way drive aisle, a waiver request has been submitted and is analyzed in the next section ofi this Section 4.6.16, Landscape Regulations The existing landscape conditions, which consist of dilapidated Mango trees, Frangipanis, decimated Seagrape, and utility-bound Royal Poinciana, are significantly deficient. The proposed improvements include the installa#ion ofi tropical flowering shrubs and native canopy trees. These enhancements are exemplary in that they will provide for an infused tropicallnative aesthe#ic along the historic streetscape of North Swinton Avenue. The subject application has been reviewed for technical compliance by the City's Senior Landscape Planner and was found to be in compliance with the subject Section. Technical Review -Engineering The subject application has been reviewed for technical compliance by the Engineering Department and was found to be in compliance with the exception of a right of way dedication along the alley located at the rear of the property. The alley presently measures fifteen feet (15'), whereas the LDRs require an alley wid#h of 20'. Therefore, a right of way dedication of half the balance is required, which measures two foot, six inch (2'6"). It is noted that this was indicated as a requirement by Engineering when the application was initially submitted in 2046, and has remained a requirement through the more recent engineering review, and is added as a condition of approval. A note regarding this requirement has been provided on the plans. The existing right of way for North Swinton Avenue measures sixty-six feet {66'), with a paved travel lane measuring twenty-four feet (24') wide. The Transportation Element of the City's Comprehensive Plan calls far a 6q' right of way. Therefore, no additional right of way is required for North Swin#on Avenue. The existing right of way for NW 2"d 5treetlDr. Martin Luther King, Jr. Drive measures fifty feet (5q'} with a paved travel lane measuring 23.5'. The Transportation Element of the City's Comprehensive Plan calls fora 50' right of way. Therefore, no additional right of way is required for NW 2"d Street/Dr. Martin Luther King, Jr. Drive. WAIVER REQUESTS Section 2.4,7, Procedures for Obtaining Relief From Compliance With the LDRs {~)(5), Waivers: Findings Prior fo granting a waiver, the approving body shall make a finding that the granting of fhe waiver: (a) 5hal1 not adversely affecf fhe neighboring area; (b) Shall not significantly diminish fhe provision of public facilities; (c) Sha11 not create an unsafe situation; and (d) Does not result in the granting of a special privilege in thaf fhe same waiver would be granted under similar circumstances on other property for another applicant or owner. Section 4.4,24, Old School Square Historic Arts District {OSSHA®) (G)(3), Supplemental District Regulations All parking, except far single family homes and duplexes, shall be located in the side or rear yard ar adjacent to a rear alley. No such parking steal! be located in the area between any sfreet and the closest building or structure. STAFF COMMENT: The parking area at the front of the property is located forward of the historic structure's front wall, whereas all parking is required to be located in the side or rear yard, or adjacent to a rear alley. The waiver request states the following: "we are proposing Three visitor parking spaces partially in front of the building line...was driven by some existing landscaping that we want to maintain...lt is our intent to generally limit these spaces for use by visiting clientele (employees will park at the rear), and will be constructed by a concrete paver surface...We believe that this minimal parking is in-keeping with the spirit of The neighborhood...Requiring fhe clienfele to `find' the parking along the alley will place an undue burden when unfamiliar with the neighborhood." In consideration of the criteria noted above, the request may be analyzed as follows: (a) The subject waiver will have the potential to adversely affect the historic nature of the property, thereby impacting the neighborhood, by providing a parking area at the front and forward of the front wall plane. The parking, which is surplus to the requirement, may be accommodated by other means. Further, the review should be considered in terms of the overall development, not in conjunction with the current office demands, as those may change, or other more intense office types may be located here in the fu#ure.; (b) The provision of public facilities should not be impacted; (c} The creation of an unsafe situation is not foreseen due to the parking location; ,rig i~! 5tr~'trF~:~r~ i1v~~~u~. ;,~yrz~; ,~ ~. ~ i i ~ `i`r"'1. r~~~ j~ I~~,c~ ,!. (d} The granting of the subject waiver is considered a special privilege in that there are no limitations (i.e., physical structure} which would not permit a reconfiguration which accommodates the surplus spaces adjacent to the building, rather than forward of the front wall plane. This type of waiver would typically be supported under other appropriate circumstances such as a significantly smaller lot with improvement area constraints, andlor a lot which does not have access both from the front and back of the property. Given the above, ositive findin s cannot be made with res ect to the subject waiver request. Section x.6.9, Off-Street Parking Regulations {D){2){b}, Provisions for Ingress and egress Each required parking space steal! be accessible at a1! times. Access which conforms with minimal aisle standards and which includes maneuvering area so that a vehicle must be able to enter and exit the parking area onto a street or alley in a forward manner steal! be provided, except when the parking is adjacent to an alley and the parking space and alley have a combined minimum depth of 42' and a minimum width of ten feet {70') and the location of parked vehicles does not impair sight distance of pedestrians or vehicles utilizing the alley; STAFF COMMPNT: Depth The proposed combined width for the alley and adjacent parking measures approximately 35'6", for a deficiency of 6'6". The measurement consists of 18'parking spaces, the 2'6" right of way dedication along the alley, and the 15' wide alley. It should be Hated that while the adjacent property west of the alley has already been developed (1990x), it does not appear that an alley dedication was required at that time. The LDRs and Comprehensive Plan call for alleys to be improved to a width of 20', and therefore, development projects are typically required to dedicate half the balance of the total width. Nevertheless, the property across the alley is able to accommodate the required 42' from the front of the parking spaces to the other side of the alley. Therefore, the subject property may reduce the provided depth by two feet, six inches {2'6"}, far a total measurement of 39'6"; as the required 42' would be provided upon dedication across the alley at a later date. This will require that the parking spaces be shifted eastward by four feet (4') Parkinct Space_Width The parking spaces along the alley measure nine feet (9') wide, which is the requirement for standard spaces. However, when adjacent to an alley, the required width is increased to ten feet (10') to ensure improved vehicular maneuverability and pedestrian or traffic visibility. The waiver request states the following: "Our reasoning far locating our proposed new spaces where shown was...we have a small number of parking spaces provided {4) which will be used generally by the principal building occupants... the location of our proposed parking being right across the alley from other existing spaces that are set back from the alley nine extra feet already. The cumulative dimension between the two properties...is sixty-two and one- half feet. A standard drive aisle in a parking lot with parking on both sides is required to be a total of sixty-feet...the traffic and maneuvering impact is much less in this condition. Another concern was the desire to maximize the green or landscape area...by not shifting the parking stalls the additional six and one-half feet...thus increasing the green area by almost three hundred square feet. We believe this landscape area is more desirable and clearly not a detrimental sifuation. .................... ......... . %U~, ~grti~ ~vulni' .. ?~ ~ ~ ...the amount of traffic generated at the alley does not warrant wider parking spaces but in the event that this is a strong concern by the City we would make the three regular spaces one foof wider and comply with the minimum width often feef each." In consideration of the criteria noted above, the request may be analyzed as follows: {a) The subject waiver relative to the depth would adversely affect the neighborhood in that it would not provide sufficient maneuvering area for a vehicle and create ingress and egress hazards along the alley impacting both those utilizing the subject spaces, the spaces on the adjacent property, and #raveling through the alley, whereas the parking space width is supportable in that it is standard and not required to increase in other instances. Further, this reduction has been supported in cases where the impact would be greater. However, the width reduction to 9' cannot be supported if the depth is not increased, in that the reduction of each would create a hazardous maneuvering area. Further, if the required 1Q' width is provided, the concerns for maneuverability remain, and any depth reduction to less than 39'6" will not be supported; (b} The provision of public facilities should not be impacted by either reduction; (c) The creation of an unsafe situation is the primary concern associated with the requested relief in each instance as insufficient space for vehicular maneuverability will result from the combined reductions, however, sufficient space will be provided if at least an additional 4' are added to the depth; (d) The granting of the subject waiver is considered a special privilege relative to the depth in that the requirement could be met by adjusting the parking spaces inward to the property by 4' in order to provide sufficient maneuverability for all users, whereas the parking space width would not be considered a special privilege in that this has been approved in similar cases providing parking off of an alley, provided the required or sufficient amount of depth was also provided. Given the above, positive findings can partially be made. The request to reduce the depth from 42' to 35'6" is not supportable. However, a revision to reduce the depth from 42' to 39'6" is supportable, thereby requiring the inward adjustment of the spaces by 4'. The request to reduce the width of each parking space from 10' to 9' is supportable, provided that the recommended depth is provided. Section 4.6.9, Off-Street Barking Regulations (D}(3}(a-b}, Point of Access to the Street System, Maximum and Minimum Width The point of access to a street or alley shall be a maximum of twenty-four feet {24') and steal! not be less than:24' for a normal two-way private street or parking lot driveway aisle, 20` for a privafe driveway which has less than 2Q0 ADT, 12` for a one-way driveway or parking lot aisle. STAFF COMMENT: As previously noted, the proposed 18' wide, two-way driveway aisle does not meet the minimum 24' width, as the maintenance of a residential character and scale is desired. The waiver request states the fallowing: "reasoning for this request is that we are only providing seldom used spaces in fhis visitor parking area and don't anticipate the volume of traffic warranting more that the eighteen proposed. The existing drive thaf we are improving as part of this project is currently nine feet, just as several other existing drives in this area of Swinton Avenue" zdF..I ~ _ ~ ~ . - =%f1I7e±-~~23 In consideration of the criteria noted above, the request may be analyzed as follows: {a) The subject waiver should not adversely affect the neighboring area in that the proposed size is in keeping with the residential scale desired in the historic district, while providing adequate room for vehicular traffic to enter and exi# the site; {b) The provision of public facilities should not be impacted; {c) While an unsafe situation may be presented with the driveway, it is not foreseen to be of great significance, as the width provided is equal to two parking spaces, thereby providing adequate space. Additionally, the number of parking provided in this area is minimal {3), and should not pose a problem relative to the width. Further, there is sufficient space within the parking area to be utilized when one car is waiting on another to either enter or exit when traveling in the opposite direction; (d} The granting of the subject waiver is not a special privilege in that it has been granted in similar circumstances for historic properties undergoing an adaptive reuse to commercial from residential. Further, the granting of the waiver permits the maintenance of the residential character on the subject property. Given the above support, positive findings can be made with respect to the subject waiver request. LDR SECTION 4.5.1, HISTORIC PRESERVATION DISTRICTS AND SITES (E} Development Standards All development regardless of use within individually designated historic properties and/or properties located within historic districts, whether contributing or noncontributing, residential or nonresidential, shall comply with the goals, objectives, and policies of the Comprehensive Plan, these regulations, the Delray Beach Historic Preservation Design Guidelines, and the Secretary of the Interior's Standards for Rehabilifation. (E)(3) Buildings, Structures, Appurtenances and Parking Buildings, structures, appurtenances and parking shat! only be moved, reconstructed, altered, or maintained, in accordance with this chapter, in a manner that will preserve the historical and architectural character of the building, structure, site, or district. (E)(5} Standards and Guidelines A historic site, building, structure, improvement, or appurtenance within a historic district shat! only be altered, restored, preserved, repaired, relocated, demolished, or otherwise changed in accordance with the Secretary of the Interior`s Standards for Rehabilitation, and the Delray Beach Historic Preservation Design Guidelines, as amended from time to time. A property shall be used for its historic purpose or be placed in a new use that requires minimal change to the defining characteristics of the building and ifs site and environment. STAFF COMMENT: The change of use and its associated improvements require minimal change to the site as the improvements are primarily associated with the provision of parking and associated landscaping, all of which strive to maintain the residential character of the property. Therefore, positive findings can be made with the respect #o the Standard noted above, subject to the noted conditions of approval khroughout the report. __ __ ~;),a ..,,,~~tli . .~~~ ~ ~~ t~i3= L hs3• J ~ [ ~ ~ i 1 %, {8) Visual Compatibility Standards All improvements within a designated historic district shall be visually compatible. In addition to the Zoning District Regulations, the Historic Preservation Board shall apply the visual compatibility standards provided for in this Section with regard to height, width, mass, scale, facade, openings, rhythm, material, color, Texture, roof shape, direction, and other criteria set forth elsewhere in Section 4.5.1. STAFF COMMENT: A review of the Visual Compatibility Standards was made and the proposed site improvements were found to be in compliance with their intent. The change of use is appropriate and provides for the adaptive reuse of the structure as an office, while minimizing the impact of the required improvements on the property and historic district as a whole. However, the pavers used throughout the site should be specified as brick pavers, nr pavers which maintain abrick-type aesthetic. Therefore, ositive findin s can be made sub~ect to the aforenoted brick notation andlnr revision. REQUIRED FINDINGS 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 to approve or deny the development application. {A) FUTURE LAND USE MAP: The resulting use of land or strucfures must be allowed in the zoning districf within which the land is situated and said zoning must be consistent wifh the applicable land use designation as shown on the Future Land Use Map. STAFF COMMENT The subject property has a FLUM (Future Land Use Map} designation of OMU (Other Mixed Use} and zoning designation of OSSHAD. The zoning district is consisten# with the OMU Future Land Use Map designation. The office use is permitted, and therefore, its establishmen# is appropriate. Thus, positive findings can be made with respect to Future Land Use Map consistency. (B) CONCURRENCY: Concurrency must be met and a determination made that the public facility needs, including public schools, of the requested land use and/ar development application will not exceed the ability of the City and The School Districf of Palm Seach County to fund and provide, or fo require the provision of, needed capital improvements in order to maintain the Levels of Service Standards established in Table C!-GOP-1 of the Comprehensive Plan. STAFF COMMENT The applicable Concurrency items are noted as follows: Streets and Traffic: The property is located within the TCEA, and therefore, a Traffic Study is not required. The submitted Traffic Statement indicates an increase of 7 AM peak hour trips and 9 PM peak hour trips. As the total peak hour traffic generation from the proposed change of use is less than 20 peak hour trips, the new use will have an insignificant impact. Solid Waste; Trash generation is based upon the worst case scenario of office use. Trash generated each year by the proposed conversion of 842 square feet of office use will be 2.27 tons of solid waste per year {842 x 5.412,000 = 2.27}. The Solid Waste Authority has indicated that its facili#ies 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 overall consistency may be made even though the action will be in conflict with some individual performance standards contained 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 ConfllCt. STAFF' COMMENT As described in Appendix A, a positive finding of consistency can be made as it relates to Standards for Site Plan Actions, subject to compliance with the recommended direction. A review of the objectives and policies of the adopted Comprehensive Plan was conducted and the following applicable objectives or policies were noted: Future Land Use__Objertive A-~ Property shall be developed or redeveloped, 6n a manner so that fhe fufure use, intensify and density are appropriate in terms of sail, topographic, and other applicable physical considerations; encourage affordable goods and services; are complementary to and compatible with adjacent land uses; and fulfil! remaining land use needs. STAFF COMMENT The change of use to office is appropriate and compatible as it is a permitked use, and will provide for the adaptive reuse of the historic structure. Therefore, the proposal to establish office use on 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 met through continued adherence to the City's Historic Preservation Ordinance and, where applicable, to architectural design guidelines through the following policies: Future Land Use Policy A-4.1 Prior to approval or recommending approval of any Land use or development application far property located within a historic disfrict or designated as a historic site, the Historic Preservation Board must make a finding that fhe requested acfion is consistent with the provisions of Section 4,5.1 of the Land Development Regulations relating to historic sites and districts and fhe "Delray Beach Design Guidelines". STAFF COMMENT The proposal is consistent with the Objective and Policy noted above as it provides "for the preservation of historic resources", and a positive finding to Section 4.5.1 has been made. (D] Compliance with I*DRs: Whenever an ifem is identified elsewhere in these Land Development Regulations (LDRs), it shall specifically be addressed by the body taking final action on a land development application/request. Such items are found in Section 2.4.5 and in special regulation portions of individual zoning district regulations. STAFF COMMENT Those major concerns Hated are primarily associated with the requested waivers, and should be addressed either by denying the waivers andlor requiring that revisions be made. There are other less significant items which have also been Hated and should also be addressed prior to making a positive finding of consistency with the LDRs. REVIEW Ii3Y OTHERS The Community Redevelopment Agency (CRA) considered the subject request and recommended approval at its April 28, 2011 meeting. ASSESSMENT AND CONCLUSION The development proposal involves the conversion of a historic single family home to office use which consists of no changes or alterations to the historic structure. The change of use includes required site improvements which have the potential to negatively impact the streetscape and neighborhood, as the parking area at the front should be revised, as well as the alley parking. The proposal will be consistent with Section 3.1.1 and Section 2.4.5(F)(5) of the Land Development Regulations and policies of the Comprehensive Plan upon compliance with the recommended conditions of approval. ALTERNATIVE ACTIONS A. Continue with direction. B. Move approval of the request for the Certificate of Appropriateness, Class V site plan, and waiver requests (2006-423) for the property located at 202 North Swinton Avenue, Old School Square Historic District, by adopting the findings of fact and law contained in the staff report, and finding that the request is consistent with the Comprehensive Plan and meets criteria set forth in the Land Development Regulations, the Delray Beach Historic Preservation Design Guidelines, and the Secretary of the Interior's Standards for Rehabilitation. C. Move denial of the request for the Certificate of Appropriateness, Class V site plan, and waiver requests (2006-423) for the property located at 202 North Swinton Avenue, Old School Square Historic District, by adapting the findings of fact and law contained in the staff report, and finding that the request is consistent with the Comprehensive Plan and meets criteria set forth in the Land Development Regulations, the Delray Beach Historic Preservation Design Guidelines, and the Secretary of the Interior's Standards for Rehabilitation. {Motion to be phrased in the affirmative. See above.) STAFF RECOMMENDATION By Separate Motions: Certificate of Appropriateness, Site Plan Approve the request for the Certificate of Appropriateness and Class V Site Plan (2046-423) for the property located at 202 North Swinton Avenue, 01d School Square Historic District, by adapting the findings of fact and law contained in the staff report, and finding that the request is consistent with the Comprehensive Plan and meets criteria set forth in the Land Development f stn . , Regulations, the Delray Beach Historic Preservation Design Guidelines, and the Secretary of the Interior's Standards for Rehabilitation, subject to the following conditions: 1. That a hard surFace area and sufficient screening be provided for the recycling and trash bins; 2. That the location of the parking spaces along the alley be set further into the property by 4' subject to approval of the associated waiver; 3, That the Board consider a revision #o the s#yle of bike rack; and, 4. That the concrete pavers be revised #o a brick paver, or of a similar aesthetic. Waiver: 4.4.24(G}[3}, Old School Square hlistoric Arts District {OSSHAD], Supplemental Dis#rict Regulations Recommend denial to the City Commission of a waiver to LDR Section 4.4.24(G)(3}, to permit the location of arkin s aces in the area between the street and the buildin . Waiver: 4.6.9{D){2]{b}, Off-Street Parking Regulations, Provisions for Ingress and Egress Depth: Recommend approval to the City Commission of a waiver to LDR Section 4.6.9{D){2]{b], to reduce the minimum required combined depth of alley and parking spaces from 42' to 39'6", based upon positive findings with respect to the LDR Section 2.4,7(6)(5). Parking Space Width: Recommend approval to the City Commission of a waiver to LDR Section 4.6.9(D}(2]{b}, to reduce the re uired arkin s ace width from 10' to 9' rovided that a depth of 39'6" is provided, based upon positive findings with respect to the LDR Section 2.4.7(6)(5). Waiver: 4.6.9{D){3){a-b), Off-Street Parking Regulations, Point of Access to the Street System, Maximum anti Minimum Width Recommend approval to the City Commission of a waiver to LDR Section 4.6.9{D](3}{a-b}, to reduce the required driveway width from 24' to 18' at the point of access from North Swinton Avenue, based upon positive findings with respect to the LDR Section 2.4.7{B)(5). Report Prepared By: Amy E. Alvarez, Histaric Preservation Planner Attachments: • Appendix A -Standards for Sife Plans • Survey • Site Plan Landscape Plan • Engineering Plans "~ ~~ ~h ~ rr! %~~Ferlf!~ -ra rlf'1i IJ! €.. I _APPEIVDIX 'A --- - - - - '.STANDARDS 1=0R PLAN ACTIONS A. Building design, landscaping, and lighting (glare) shall be such that they da not create unwarranted distractions or blockage of visibility as it pertains to traffic circulation. Not applicable Meets intent of standard X Does not meet intent B. Separation of different forms of transportation shall be encouraged. This includes pedestrians, bicyclists, and vehicles in a manner consistent with policies found under Objectives D-1 and ®-2 of the Transportation dement. Not a licable Meets intent of standard X Does not meet intent C. Open space enhancements as described in Policies found under Objective B-1 of the Open Space and Recreation Element are appropriately addressed. Not applicable ~ X Meets intent of standard Does not meet intent D. The City shall evaluate the effect that any street widening or traffic circulation modification may have upon an existing neighborhood. if it is determined that the widening or modification will be detrimental and result in a degradation of the neighborhood, the project shall not be permitted. Not applicable ~ X Meets intent of standard Does not meet intent E. Development of vacant land which is zoned for residential purposes shall be planned in a manner which is consistent with adjacent development regardless of zoning designations. Not applicable X Meets intent of standard Does not meet intent F. Vacant property shall be developed in a manner so that the future use and intensity are appropriate in #erms of soil, topographic, and other applicable physical considerations; complementary to adjacent land uses; and fulfills remaining land use needs. Not applicable ~ X Meets intent of standard Does not meet intent i ,E .,, ,: ,.~ i ,_. G. Redevelopment and the development of new land shall result in the provision of a variety of housing. types which shall continue to accommodate the diverse makeup of the City's demographic profile, and meet the housing needs identified in the Housing Element. This shall be accomplished through the implementation of policies under Objective 13-2 of the Housing Element. Not applicable ~ X Meets intent of standard Does not meet intent H, The City shall consider the effect that the proposal will have on the stability of nearby neighborhoods. Factors such as noise, odors, dust, traffic volumes and circulation patterns shall be reviewed in terms of their potential to negatively impact the safety, habitability and stability of residential areas. If it is determined that a proposed development will result in a degradation of any neighborhood, the project shall be modified accordingly or denied. Not applicable Meets intent of standard X Does not meet intent I. Development shall not be approved if traffic associated with such development would create a new high accident location, or exacerbate an existing situation causing it to become a high accident location, without such development taking actions to remedy the accident situation. Not applicable Meets intent of standard X Does not meet intent J. Tot lots and recreational areas, serving children from toddler tv teens, shall be a feature of all new housing developments as part of the design to accommodate households having a range of ages. 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I ~~. i I i d ~ E ~~ ^ ~ q 33tl kg a k ~ k ~ ~ ~ ~ ~ 33 ~ OE 5 ~ E B d~ 8~3 $ b 6 r ~ G '«~ ~ m ~ °~ ~ c~' o = ~ ~~ $ ~ p 3d ~ p 33 F ff € ~ W y S~ u No= Yss"_ ~ 6 5 8 g3y6 kq ~~ pg6 k ~b k YY ~@ ` ~ ~ :i ~ o~m g~ ~~`~rc oay~~ mui O N > 3 B `k ~ ~ @ y ~~ IC ~ ~~ ~~ € i 0° ~ [ Y @ ~ A 6' h W O } I 1 So~ o Y'? ~ O O g d S ~gg g 6 ~ + 6 q ~ ~~g;~Y~ 3C ~ ~ E~ x i W ~ ~ Z I ~ _ W~ ~ ~oou~ ~ ¢ `T W~ a ~gi~d z'~dS£ cmaa J N ~ ~a ~~ ~ ~. 2 e $ 2 3gm~~ b~ ~'a g ~ ~ . 88 m3_~~ ~ l '~ J m 3 E~~~e3~~ figB ~~fr €, ~@ ~~ C R ~9 y ~~~ g w$ 5~~~~ ' ' "' O~ ¢ a i ~ k ~ } ~ vE o.`m ~ ~~ C~ ~ 4 ~ @°Y" ~b~ i ~~ ~ E~ ~ E~~ €~ ~ ZO w g g g O 33 g g 3 ~~~EB~~~e i$ffd fik °Y ~_ ~~ ~~ ~~ ~fi ~ffi ~a~ W in ~ GiO < S t :e 6yg4 $ ~ ~~ i 5a ~ ~~~e ~ m ~ ~~~ ~.'"~ ~< m W ~ € ^ II ~ Fa d ~ m ° ~ € 8 c ~ W 3 €: 0~8 gg S E _ W ~~o ~.~~ °~ ~ ~ ° _~ LL m ~ g~6 ~ iox~LL g~~ ~ ~ ~ ~ ~ €Q i _ ~ ~ g Sg T ~g I ~ ~ ~ ~~ ~tv~ ~ ~ ~~S _ :g 9~ <€g ~ ff ~ ~ ~ o _ ~ ~~~ ~~:a .; «4 S `& ~ 8, ~§ ~ g: ~ S o € 3 ? m w o~ ~\ ~~£E~ y~ ~ ~ ~ ~~w ~ o 0 w ~ ~ SE ~ - : ~ o ~s 6W _ ~ 3 °~~~ '€"~ gc W-~ ~ ~m F- w s ~€ I i EW 3~~ k°.~_~~4<~ `~ ~ ~~ ~~ ~ s ~ c€ ~ ~ zN z ~ ~ N ~ S ~ m~ <o~ > ~.m sue; z ~ ~~ y ads' m= „~ ~~ ~ ; £ , g m€~ N NN= ~ y < , ~ ab~ E ~ ma s~"fie EaS~~ II m z~a ~` ~ wz° 3:~•'' Y ~ ~ ~ ~ I G a MEMORANDUM TO: Mayor and City Commissioners FROM: Amy E. Alvarez, Historic Preservation Planner Paul Dorling, AICP, Director of Planning and Zoning THROUGH: City Manager DATE: June 15, 2011 SUBJECT: AGENDA ITEM 9.B. -REGULAR COMMISSION MEETING OF .TUNE 21, 2011 WAIVER REQUESTS/130 S.E. 7TH AVENUE ITEM BEFORE COMMISSION The City Commission is requested to approve three waivers. The first waiver seeks relief from LDR Section 4.6.14(C), to permit a fence measuring 4' in height within the sight visibility triangle at the rear of the property, where a maximum height of 3' is allowed. The second waiver seeks relief from LDR Section 4.51(E)(3)(a)l.c. to permit an arbor measuring 9' in height within the front setback, where a maximum height of 4' is allowed. The third waiver seeks relief from LDR Section 4.51(E)(3)(b)1. to permit the location of an unscreened, circular driveway at the front of the property and adjacent to the right-of-way, whereas the parking should be adjacent to the building or located to the rear of the site. BACKGROUND At its meeting of April 20, 2011, the Historic Preservation Board (HPB) considered and approved with conditions a Certificate of Appropriateness (COA) for additions, exterior alterations, and additional site improvements. The HPB considered the waiver requests concurrently with the COA and Site Plan requests and recommended approval of each waiver on a vote of 7-0. WAIVER ANALYSIS Waiver Criteria: Pursuant to LDR Section 2.4.7(B)(5), prior to granting a waiver, the approving body shall make a finding that the granting of the waiver: (a) Shall not adversely affect the neighboring area; (b) Shall not significantly diminish the provision of public facilities; (c) Shall not create an unsafe situation; and (d) Does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. Requests: Pursuant toLDR Section 4.6.14(C), when an accessway intersects a public right-of--way, all visual obstructions within the sight visibility triangle shall provide unobstructed cross-visibility at a level between three (3) feet and six (6) feet. A waiver to this requirement is necessary as the proposed fence at the back of the property measures four feet (4') in height and is located within the ten foot (10') sight visibility triangle. Considering the above criteria, the request is reasonable in that it will not adversely affect the neighboring area, will not impact the provision of public facilities, and does not result in the granting of a special privilege in that similar requests have been approved. Regarding criterion (c), the request is not deemed to create an unsafe situation since it is located along an alley, where vehicular speeds are lower and it is a less traveled right of way. Based on the above,~ositive findin,~s can be made with respect to LDR Section 2.4.7(B)~5). Pursuant to LDR Section 4.51(E)(3)(a)l.c., Buildings, Structures, Appurtenances and Parking; Fences and Walls, Fences and walls over four feet (4') shall not be allowed in front or side street setbacks. A waiver to this requirement is necessary as the proposed arbor measures nine feet (9') in height and is located approximately sixteen feet (16') from the front property line. Considering the above criteria, the request is reasonable in that it will not adversely affect the neighboring area, will not impact the provision of public facilities, will not create an unsafe situation, and will not result in the granting of a special privilege in that similar requests for arbors within the front setbacks have been approved. The subject height requirement is to maintain an open streetscape, and is not intended to eliminate the ability to provide landscape features such as an arbor, which exceed the four foot (4') height requirement. Based on the above, positive findin,~s can be made with respect to LDR Section 2.4.7(B)~5). Pursuant to LDR Section 4.51(E)(3)(b)1., Buildings, Structures, Appurtenances and Parking; Parking, where feasible, alternative methods of meeting minimum parking standards shall be explored to avoid excessive use of historic properties and/or properties located in historic districts for parking. At a minimum, the following options shall be considered: a. Locate parking adjacent to the building or in the rear. b. Screen parking that can be viewed from the public right-of--way with fencing, landscaping, or a combination of the two pursuant to Section 4.6.5. c. Utilize existing alleys to provide vehicular access to sites. d. Construct new curb cuts and street side driveways only in areas where they are appropriate or existed historically e. Use appropriate materials for driveways, such as concrete poured in ribbons. f. Avoid wide driveways and circular drives. A waiver to this requirement is necessary as the proposed circular driveway is not in compliance with the requirements noted above. The circular driveway, however, is a result of compliance with the HPB's conditions of approval, as a means of providing an appropriately designed driveway as opposed to the two-space initially proposed which would back out onto SE 7th Avenue. Considering the above criteria, the request is reasonable in that provision of the circular drive is consistent with the residential character in the neighborhood, as opposed to the original two-space wide, back out parking initially proposed. The provision of public facilities will not be impacted, and an unsafe situation has been avoided with the ability to enter SE 7thAvenue in a forward manner, as opposed to the back out style of the original application. Further, similar requests have been granted when seeking to rehabilitate an historic property while maintaining the character, yet providing the necessary amenities on such a small lot (50' x 135'). Based on the above, positive findings can be made with respect to LDR Section 2.4.7(B)(5). RECOMMENDATION Approve the waiver to LDR Section 4.6.14(C), Sight Triangle: Intersections, to permit a fence measuring 4' in height within the sight visibility triangle at the rear of the property, where a maximum height of 3' is allowed, based upon positive findings under LDR Section 2.4.5(B)(5). Approve the waiver to LDR Section 4.51(E)(3)(a)l.c., Fences and Walls, to permit an arbor measuring 9' in height within the front setback, where a maximum height of 4' is allowed, based upon positive findings under LDR Section 2.4.5(B)(5). Approve the waiver to LDR Section 4.51(E)(3)(b)1., Parking, to permit the location of an unscreened, circular driveway within the front setback, whereas the parking should be adjacent to the building or located to the rear of the site, based upon positive findings under LDR Section 2.4.5(B)(5). IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA WAIVER REQUESTS FOR 130 SE 7T" AVENUE ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA 1. The waiver requests regarding 130 SE 7t" Avenue have come before the City Commission on June 21, 2011. 2. The Applicant and City staff presented documentary evidence and testimony to the City Commission pertaining to the waiver requests for 130 SE 7t" Avenue. All of the evidence is a part of the record in this case. I. Waivers: Pursuant to LDR Section 2.4.7(8)(5), prior to granting a waiver, the approving body shall make a finding that the granting of the waiver: (a) shall not adversely affect the neighboring area; (b) shall not significantly diminish the provision of public facilities; (c) shall not create an unsafe situation; and (d) does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. A. Pursuant to LDR Section 4.6.14(C), when an accessway intersects a public right-of-way, all visual obstructions within the sight visibility triangle shall provide unobstructed cross-visibility at a level between three (3) feet and six (6) feet. A waiver to this requirement is necessary as the proposed fence at the back of the property measures four feet (4') in height and is located within the ten foot (10') sight visibility triangle. Should the waiver to 4.6.14(C) be granted? Yes No B. Pursuant to LDR Section 4.5.1(E)(3)(a)1.c., Buildings, Structures, Appurtenances and Parking; Fences and Walls, Fences and walls over four feet (4') shall not be allowed in front or side street setbacks. A waiver to this requirement is necessary as the proposed arbor measures nine feet (9') in height and is located approximately sixteen feet (16') from the front property line. Should the waiver to 4.5.1(E)(3)(a)1.c. be granted? Yes No C. Pursuant to LDR Section 4.5.1(E)(3)(b)1., Buildings, Structures, Appurtenances and Parking; Parking, where feasible, alternative methods of meeting minimum parking standards shall be explored to avoid excessive use of historic properties and/or properties located in historic districts for parking. At a minimum, the following options shall be considered: a. Locate parking adjacent to the building or in the rear. b. Screen parking that can be viewed from the public right-of--way with fencing, landscaping, or a combination of the two pursuant to Section 4.6.5. c. Utilize existing alleys to provide vehicular access to sites. d. Construct new curb cuts and street side driveways only in areas where they are appropriate or existed historically. e. Use appropriate materials for driveways, such as concrete poured in ribbons. f. Avoid wide driveways and circular drives. A waiver to this requirement is necessary as the proposed circular driveway is not in compliance with the requirements noted above. The circular driveway, however, is a result of compliance with the HPB's conditions of approval, as a means of providing an appropriately designed driveway as opposed to the two-space initially proposed which would back out onto SE 7t" Avenue. Should the waiver to 4.5.1(E)(3)(b)1. be granted? Yes No 3. The City Commission has applied the Comprehensive Plan and LDR requirements in existence at the time the original site plan 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, testimony of experts and other competent witnesses which supports the findings set forth in this Order. 2 5. Based on the entire record before it, the City Commission approves denies the waiver requests and hereby adopts this Order this 21st day of June, 2011, by a vote of in favor and opposed. ATTEST: Chevelle Nubin, City Clerk Nelson S. McDuffie, Mayor 3 HISTORIC PRESERVATION BOARD MEMORANDUM STAFF REPORT Property Owners: Kulakowsky Authorized Agent: GE Architecture, Inc. Project Location: 130 SE 7th Avenue, Marina Historic District HPB Meeting Date: April 20, 2011 File: 2011-023 ITEM BEFORE THE BOARD The item before the Board is the consideration of a Certificate of Appropriateness (COA), Variances, and Waivers associated with additions and alterations to a contributing property located at 130 SE 7th Avenue, Marina Historic District, pursuant to Land Development Regulations (LDR) Section 2.2.6(D) and 2.4.6(H). Pursuant to LDR Section 2.2.6(D)(6), the Historic Preservation Board (HPB) shall act on all variance requests within a historic district or on a historic site, which otherwise would be acted upon by the Board of Adjustment. BACKGROUND & PROJECT DESCRIPTION The subject property is located on Lot 8, Block 118, Town of Delray and is zoned RM (Multi-Family Residential, Medium Density). The 6,728 square foot (50' x 135') property contains a circa 1939 Minimal Traditional style residence and detached single-car garage. The property is classified as contributing to the Marina Historic District. Building records indicate that the structure was "remodeled" in 1947, at which time a rear addition was constructed. There are no other records indicating further development or improvements on file with the City regarding the subject property. The subject request consists of the following improvements: • Demolition of detached garage; • Demolition of 1947 addition; • Demolition and rebuild of enclosed front porch (aka front parlor); • Increase of square footage from 1,213 (under air) to 2,061 (under air) plus 311 square foot one- car garage, with total square feet under roof at 2,531; • Guest Suite above the garage consisting of approximately 284 square feet (included in totals above); • Additions consist of the following spaces: o Raised porch at entry with steps located on each side; o Covered screened porch on north elevation; o Living spaces and covered porch at rear; o One-car garage with second-story guest space (aka Carriage House); • Replacement of all existing windows with aluminum impacted rated windows to match existing; all new windows consist of multi-light single-hung or double hung windows. • Reconfiguration of interior spaces; it ). ;,?(l'i'i Other Site Improvements: • Construction of swimming pool (13'6"x19') in front yard, located 23' from front property line; • Construction of gazebo (12' wide, 14' long, and 13' high) in front yard located 30' from front property line and 5'6" from side (north) property line. Gazebo materials consisting of the following: o Cedar columns with concrete base and smooth stucco finish; o Standing Seam metal roof with 6/12 slope; o Decorative aluminum louver headers. • Installation of cedar trellis (4'7" wide x 9' high) located approximately 2'9" from front property line; • Installation of decorative, 4' high, pressure treated wood, picket fence throughout; • Installation of pavers on all driveways, parking areas, patio deck and patio, and walkways; Materials and Colors: • Siding: 1 S`-story: Cedar siding to match existing, 2nd story: Hardiplank; Color: Mellow Yellow • Stucco (Garage only): Smooth finish, Color: Edgecomb Gray • Windows: White Aluminum • Doors: Entry: Aluminum, Garage: Metal with applied Hardiplank siding, Color: Brilliant White • Shutters: Black • Roof: Standing Seam Metal Roof, Sandstone • Trim, Fascia, Railings: Brilliant White There are a total of five (5) variance requests associated with the subject proposal, which seek relief as follows: • Side Interior (North) Setback Encroachment: Reduce required setback from 7'6" to 4'9" associated with additions to the historic structure; • Side Interior (North) Setback Encroachment: Reduce required setback from 7'6" to 5'6" associated with the construction of an accessory structure (Gazebo); • Side Interior (South) Setback Encroachment: Reduce side yard setback from 7'6" to 5' associated with additions to the historic structure; • Parking Requirements for Residential Uses: Allow parking spaces to be located entirely within the front setback (25'), whereas, parking is not permitted within the front setback area; • Swimming Pools, Yard Encroachment: Allow the location of a swimming pool within the front setback at 23', whereas a front setback of 25' is required. There are a total of 3 waiver requests associated with the subject proposal as follows: • Relief from requirement to screen parking that can be viewed from the public right of way, as two parking spaces are located perpendicular to SE 7`h Avenue; • Permit an arbor over 4' within the front setback; • Permit a 4' fence within the required site visibility triangles located at both the front and back drive areas. The subject COA and variance and waiver requests are now before the Board for consideration. Note: A 5' right of way dedication is required along the front of the property; therefore, the front setback area has been measured from the ultimate (new) property line. The dedication requirement is further explained within the report. SITE PLAN & DEVELOPMENT STANDARDS Items identified in the Land Development Regulations shall specifically be addressed by the body taking final action on the site and development application/request. I .I , ~7 (..;~ ,~i ,~i Zoning and Use Review Pursuant to LDR Section 4.4.6(F)(1), RM Development Standards, the provisions for the R-1-A District shall apply for single family detached dwellings. The subject property is located within the RM zoning district; it's present use is single-family residential and has been reviewed accordingly. Pursuant to LDR Section 4.3.4(K), Development Standards, properties located within the R-1-A zoning district shall be developed according to the requirements noted in the chart below. As illustrated, the proposal is in compliance with the applicable requirements. New front entry porch on structure setback at 59'; Gazebo proposed at 25'; swimming pool proposed at 23' **Addition to structure setback at 4'9"; Gazebo proposed at 5'6" STAFF COMMENT: As illustrated above, the proposal meets the Development Standard requirements with the exception of the side interior and front setbacks. Four (4) variances have been requested for these encroachments and are analyzed further in this report. Positive findings may be made subject to the approval of the requested variances associated with the setback requirements. Supplemental District Regulations Pursuant to LDR Section 4.6.9(C)(2), Parking Requirements for Residential Uses, two spaces per dwelling unit. Tandem parking may be used provided that in the Single Family (R-1 District) or RL District, no required parking space maybe located in a required front or street side setback. STAFF COMMENT: Two spaces outside of the front setback are required. One space has been accommodated in the single-car garage located at the rear of the property and accessible from the alley. The garage is located 10' from the property line, which limits the ability to provide for the 2nd parking space. Two parking spaces have been provided completely within the front setback and perpendicular to SE 7cn Avenue. Therefore, a variance to this requirement has been requested and is analyzed further in this report. Pursuant to LDR Section 4.6.15, Swimming Pool, Whirlpools, & Spas: Yard Encroachment, swimming pools shall not extend into the front setback area noted in Section 4.3.4 (K). STAFF COMMENT: As noted in the Development Standards chart above, the swimming pool is proposed at 23' from the property line, while a 25' setback is required. Therefore, a variance to encroach 2' into the front setback has been requested. Pursuant to LDR Section 4.6.14(6), Sight Visibility Triangle Measurements, the area on both sides of a driveway formed by the intersection of a driveway and a street or alley with a length of ten (10) feet along the driveway, a length of ten (10) feet along the street or alley right-of--way and the third side being a line connecting the ends of the other two lines. I .I , ~7 (..;~ ,~~ ,~~ Pursuant to LDR Section 4.6.14(C), Intersections, when an accessway intersects a public right- of-way, all visual obstructions within the sight visibility triangle shall provide unobstructed cross- visibility at alevel between three (3) feet and six (6) feet. STAFF COMMENT: The proposal includes a 4' high fence located within the sight visibility triangles at both the front and rear of the property. The front encroachment is north of the parking spaces, and would require a reduction from 10' to 5'. The rear encroachment is south of the vehicular entry into the garage from the alley and would require a reduction from 10' to 0' as the proposed 4' fence is located along the perimeter of the access way. See the Waiver Analysis provided following the review of LDR Section 4.5.1 further in this report. Right-of-Way Dedication Pursuant to LDR Section 5.3.1(D)(2), and the Transportation Element of the City's Comprehensive Plan, the required right-of-way width for SE 7th Avenue is 60'. Currently 40' of right-of-way exists for SE 7th Avenue. However, the Development Services Management Group (DSMG) reviewed the application at their December 17, 2010 meeting and waived the 60' requirement, but required the right of way to expand to fifty feet (50'). Therefore, afive-foot (5') dedication (half the distance of the difference) is required, and this has been added as a condition of approval. Installation of the 5' sidewalk was also requested from the DSMG, and is added as a condition of approval. It is noted that a revised site plan will be required showing the dedicated area, and the dedication will need to be accepted by the City Commission prior to the issuance of a building permit. Note: The plans indicate a 5' sidewalk easement which is incorrect, and this notation will need to be removed. VARIANCE ANALYSIS Pursuant to LDR Section 2.2.6(D), the Historic Preservation Board (HPB) shall act on all variance requests within an historic district, or on a historic site, which otherwise would be acted upon by the Board of Adjustment. In acting on such variance requests the Board may be guided by the following as an alternative to the criteria normally used by the Board ofAdjustments: (1) That a variance is necessary to maintain the historic character of property through demonstrating that: (a) A variance would not be contrary to the public interest, safety, or welfare; (b) Special conditions and circumstances exist, because of the historic setting, location, nature, or character of the land, structure, appurtenances, sign, or building involved, which are not applicable to other lands, structures, appurtenances, signs, or buildings in the same zoning district, which have not been designated as historic sites or a historic district nor listed on the Local Register of Historic Places; (c) Literal interpretation of the provisions of existing ordinances would alter the historic site to such an extent that it would not be feasible to preserve the historic character, of the historic district or historic site; and, (d) The variance requested is the minimum necessary to preserve the historic character of a historic site or a historic district. Note: As required by the LDRs, a notice regarding the subject variance request was sent to those property owners located within a 500' radius of the subject property. Side Yard Setbacks (North and South): Additions to Historic Structure Pursuant to Section 4.3.4(K), the required side yard setback is 7'6", and the proposal includes an addition which encroaches into the north side yard by 2'9" for a setback of 4'9", as well as the south side yard by 2'6" for a setback of 5'. I .I , ~7 (..;~ ,~~ ,~~ STAFF ANALYSIS In review of the criteria above, the variance can be considered accordingly: (a) The variance would not be contrary to the public interest, safety or welfare in that it is appropriately placed on the site to the rear of the historic structure which is in the interest of the public by maintaining its visibility on the streetscape; (b) Special conditions exist as the historic structure is significantly setback from the front property line, and accommodating an appropriate addition within the required setbacks and which are not forward of the front wall plane would require its relocation forward on the property causing potential compromise of the integrity; (c) While literal interpretation of the requirement would not alter the historic character of the property, it could encourage the property owner to add onto the historic structure in an inappropriate manner or seek demolition of the significantly deteriorated structure; (d) While the variance is not the minimum necessary to preserve the character, it is necessary to assist and encourage the property owner to maintain the historic structure, thereby preserving the historic character. Given the analysis provided above, Staff recommends approval on the variance request as positive findings can be made pursuant to LDR Section 4.5.1(J)(1). Side Yard Setbacks (North): Accessory Structure (Gazebo) Pursuant to Section 4.3.4(K), the required side yard setback is 7'6", and the proposal includes the construction of a new accessory structure which encroaches into the north side yard by 2' for a setback of 5'. STAFF ANALYSIS In review of the criteria above, the variance can be considered accordingly: (a) The variance to situate the accessory structure within the side yard setback on the north is contrary to the public interest regardless of its side yard encroachment due to its inappropriate placement forward of the historic structure; (b) Special conditions do not necessarily exist as the property owner could reduce the size of the gazebo, thereby eliminating the need for the variance; (c) Literal interpretation would further assist in the preservation of the historic property by not granting relief for an accessory structure which has been inappropriately placed; (d) The variance is not the minimum necessary to preserve the character given that it is not associated with the historic structure, i.e. an addition to the structure. In addition to the above, the gazebo should be eliminated as its placement even outside of the setback area is inappropriate and creates further design issues on the site. In order to accommodate this type of feature, consideration should be given to an attached trellis or other minimally impacting feature similar. Given the analysis provided above, Staff recommends denial on the variance request as positive findings could not be made pursuant to LDR Section 4.5.1(J)(1). Required Parking Space within Front Setback Pursuant to LDR Section 4.6.9(C)(2), Parking Requirements for Residential Uses, two spaces per dwelling unit...no required parking space may be located in a required front or street side setback. STAFF ANALYSIS: In review of the criteria above, the variance can be considered accordingly: (a) The variance to locate a required parking space within the front setback is contrary to public interest in that it is not consistent with the historic nature of the property with respect to vehicular access and parking on the site and will impact the streetscape; I .I , ~7 (..;~ ,~~ ,~~ (b) Special conditions do not necessarily exist as the gazebo should be removed in order to provide an appropriate driveway as has historically existed on the subject property, and which would accommodate the required vehicular access and parking without necessitating a variance; (c) A literal interpretation further assists in the preservation of the historic property by not supporting relief for inappropriately placed parking spaces; (d) The variance is not the minimum necessary to preserve the character in that it will disrupt the historic character of the site, and potentially the streetscape, as well. Given the analysis provided above, Staff recommends denial on the variance request as positive findings could not be made pursuant to LDR Section 4.5.1(J)(1). Front Yard Encroachment of Swimming Pool Pursuant to LDR Section 4.6.15, Swimming Pool, Whirlpools, & Spas: Yard Encroachment, swimming pools shall not extend into the front setback area noted in Section 4.3.4 (K). STAFF ANALYSIS: In review of the criteria above, the variance can be considered accordingly: (a) The encroachment of the pool into the front setback by 2' will not be contrary to the public interest, safety, or welfare in that it's placement in the front yard is necessary due to the requirement to add onto the rear of the historic structure; (b) Special conditions and circumstances exist due to the requirements for additions to historic properties as noted above, and given that the historic structure is significantly set back from the front property line; (c) Literal interpretation would require reduction in size, which could be accommodated, however, the 2' encroachment is minor, and the variance is appropriate as a site planning tool for the historic property; and, (d) The request may not be the minimum necessary to help the preservation of the property's historic character; however, it should be recognized that this is part of a major historic preservation project where such requests may be accommodated. Given the analysis provided above, Staff recommends approval on the variance request as positive findings can be made pursuant to LDR Section 4.5.1(J)(1). DESIGN ELEMENTS ANALYSIS Pursuant to LDR Section 2.4.6(H)(5), Prior to approval, a finding must be made that any Certificate of Appropriateness which is to be approved is consistent with Historic Preservation purposes pursuant to Objective A-4 of the Land Use Element of the Comprehensive Plan and specifically with provisions of Section 4.5.1, the Delray Beach Historic Preservation Design Guidelines, and the Secretary of the Interior's Standards for Rehabilitation. LDR Section 4.5.1 (E) Development Standards: All development regardless of use within individually designated historic properties and/or properties located within historic districts, whether contributing or noncontributing, residential or nonresidential, shall comply with the goals, objectives, and policies of the Comprehensive Plan, these regulations, the Delray Beach Historic Preservation Design Guidelines, and the Secretary of the Interior's Standards for Rehabilitation. (E)(2)(b)(2-3), Major and Minor Development: The subject application is considered "Major Development", as it is "the construction, reconstruction, or alteration of twenty-five percent (25%) of the existing floor area of the building, " and "the alteration of any part of the front facade of an existing contributing residential structure." I .I , ~7 (..;~ ,~~ ,~~ STAFF COMMENT: The proposed demolition, new construction, and front elevation improvements classify the subject request as "major development." (E)(3)(a)1.c., Buildings, Structures, Appurtenances and Parking; Fences and Walls: Fences and walls over four feet (4) shall not be allowed in front or side street setbacks. STAFF COMMENT: The proposal includes the location of an arbor measuring 9' in height and located approximately 3' from the property line. Therefore, a waiver to exceed the 4' height requirement has been requested and is analyzed further in this report. (E)(3)(b)1., Buildings, Structures, Appurtenances and Parking; Parking: Where feasible, alternative methods of meeting minimum parking standards shall be explored to avoid excessive use of historic properties and/or properties located in historic districts for parking. At a minimum, the following options shall be considered: a. Locate parking adjacent to the building or in the rear. b. Screen parking that can be viewed from the public right-of--way with fencing, landscaping, or a combination of the two pursuant to Section 4.6.5. c. Utilize existing alleys to provide vehicular access to sites. d. Construct new curb cuts and street side driveways only in areas where they are appropriate or existed historically e. Use appropriate materials for driveways, such as concrete poured in ribbons. f. Avoid wide driveways and circular drives. STAFF COMMENT: The proposal includes the location of two side by side parking spaces adjacent to SE 7th Avenue. The location of these spaces is contrary to the intent of the appropriately recommended options noted above. While the property is located within amulti-family zone, its use is single-family and therefore, all improvements should maintain those characteristics associated with this use, such as a driveway which runs up the side of the property. Additionally, the parking is not screened and abuts the right of way. Due to the lack of screening, a waiver has been requested which is analyzed further in this report. The alley has been utilized for vehicular access to the site, and additional consideration should be given to providing the required parking in this area, as well. Further, the historic "curb cut" is being eliminated as the driveway will not be incorporated into the new development. Last, the span of two parking spaces is contrary to the suggestion to avoid wide driveways, as they are typically the width of one-car, particularly in historic districts. Based on the analysis above, positive findings cannot be made and Staff recommends that the plan be revised to either accommodate the parking at the rear of the property with access from the alley, or reconstruct the original driveway and accommodate the parking outside of the front setback, and be placed adjacent to the historic structure. (E)(4) Alterations. In considering proposals for alterations to the exterior of historic buildings and structures and in applying development and preservation standards, the documented, original design of the building maybe considered, among other factors. (E)(5) Standards and Guidelines. A historic site, building, structure, improvement, or appurtenance within a historic district shall only be altered, restored, preserved, repaired, relocated, demolished, or otherwise changed in accordance with the Secretary of the Interior's Standards for Rehabilitation, and the Delray Beach Historic Preservation Design Guidelines, as amended from time to time. Those applicable Standards are noted below: The historic character of a property shall be retained and preserved. The removal of historic materials or alteration of features and spaces that characterize a property shall be avoided. (Standard #2) Each property shall be recognized as a physical record of its time, place, and use. Changes that create a false sense of historical development, such as adding conjectural features or architectural elements from other buildings, shall not be undertaken. (Standard #3) New additions, exterior alterations, or related new construction shall not destroy historic materials that characterize the property. The new work shall be differentiated from the old and shall be compatible with the massing, size, scale, and architectural features to protect the historic integrity of the property and its environment. (Standard #9) New additions and adjacent or related new construction shall be undertaken in such a manner that if removed in the future, the essential form and integrity of the historic property and its environment would be unimpaired. (Standard #10) (E)(8) Visual Compatibility Standards. All improvements to contributing buildings, structures and appurtenances thereto within a designated historic district shall be visually compatible. In addition to the Zoning District Regulations, the Historic Preservation Board shall apply the visual compatibility standards provided for in this and other criteria set forth elsewhere in Section 4.5.1. The following criteria apply: (a) Height: The height of proposed buildings or modifications shall be visually compatible in comparison or relation to the height of existing structures and buildings in a historic district for all major and minor development. For major development, visual compatibility shall also be determined through application of the Building Height Plane (BHP). (g) Relationship of Materials, Texture, and Color: The relationship of materials, texture, and color of the facade of a building and/or hardscaping shall be visually compatible with the predominant materials used in the historic buildings and structures within the subject historic district. (h) Roof Shapes: The roof shape, including type and slope, of a building or structure shall be visually compatible with the roof shape of existing historic buildings or structures within the subject historic district. The roof shape shall be consistent with the architectural style of the building. Q) Scale of a Building: The size of a building and the building mass in relation to open spaces, windows, door openings, balconies, porches, and lot size shall be visually compatible with the building size and mass of historic buildings and structures within a historic district for all development. Lots 65' or less in width are exempt from the additional setback requirements along the front facade, and the proposed addition does not exceed 50% of the lot depth and therefore, the additional 5' setback along the side elevation is not required. (k) Directional Expression of Front Elevation: A building shall be visually compatible with the buildings, structures, and sites within a historic district for all development with regard to its directional character, whether vertical or horizontal. (I) Architectural Style: All major development shall consist of only one (1) architectural style per structure or property and not introduce elements definitive of another style. I I , %7 (..;~ ,~~ ,~~ (m) Additions to Contributing Structures. Visual compatibility shall be accomplished as follows: 1. Additions shall be located to the rear or least public side of a building and be as inconspicuous as possible. 2. Additions or accessory structures shall not be located in front of the established front wall plane of a historic building. 3. Characteristic features of the original building shall not be destroyed or obscured. 4. Additions shall be designed and constructed so that the basic form and character of the historic building will remain intact if the addition is ever removed. 5. Additions shall not introduce a new architectural style, mimic too closely the style of the existing building nor replicate the original design, but shall be coherent in design with the existing building. 6. Additions shall be secondary and subordinate to the main mass of the historic building and shall not overwhelm the original building. STAFF COMMENT/ANALYSIS: Overall, the intent of the Standards for Rehabilitation, Guidelines, and Visual Compatibility Standards have generally been met with the proposal; however, the analysis below provides additional insight as to the appropriateness and compatibility of the development proposal. The Secretary of the Interiors Standards for Rehabilitation notes that "removal of historic materials or alteration of features and spaces that characterize a property shall be avoided'; "changes that create a false sense of historical development, ...shall not be undertaken'; "new work shall be differentiated from the old, ...to protect the historic integrity of the property and its environment'; and "new additions and adjacent or related new construction shall be undertaken in such a manner that if removed in the future, the essential form and integrity of the historic property and its environment would be unimpaired." These statements are relevant to the overall project in that certain aspects of the proposal meet their intent; however, there are elements that are significant enough to mention that they do not meet the intent. For example, the added roof height, introduction of new materials to the structure, such as standing seam metal and hardiplank, entry porch with side steps (as opposed to forward facing steps), and the placement of the gazebo, forward of the historic structure. These elements are further analyzed below in consideration of the Visual Compatibility Standards. Height: The addition of a second-story component has been appropriately located to the rear of the property and is minimal. However, the new one-story roof overpowers the historic structure and is not appropriately proportioned with its body. The one-story roof should be reduced in an attempt to minimize its negative impact on the historic structure. It should be noted that the BHP requirement has been met as the building is significantly setback from the front of the property. Materials, Texture, and Color: The proposed standing seam metal roof is not appropriate to the Minimal Traditional style and should be revised to a dimensional shingle. Further, the use of Hardieplank on a historic structure, albeit an addition, is discouraged, as the historic siding materials should be used. Therefore, the use of Hardieplank on the upper story of the garage and its application on the garage door should be revised to wood. The siding should also match that of the existing. In addition, the replacement of wood shutters with aluminum is inappropriate, and wood should be utilized for this important feature. Roof Shapes: While the roof types are appropriate, the roof mass over the historic structure should be reduced as it is not compatible with the style of the structure. Scale of a Building: The overall scale is appropriate and compatible with the exception of the added roof mass. Additionally, the scale of the proposed accessory structure (gazebo) is too massive and, if approved (as opposed to being eliminated), consideration should be given to reducing its size and bulk. I .I , ~7 (..;~ ,~~ ,~~ Directional Expression of Front Elevation: While the front elevation is evident, the entry design of the added porch should be revised to accommodate a forward facing porch entry as opposed to the two side steps. This type of entry porch is too formal for Minimal Traditional, and at a minimum, should be reduced to one side step entry, although the forward facing style would be most appropriate. Architectural Style: Overall, the design consists of one architectural style. However, there are components proposed that are inconsistent with the Minimal Traditional style and should be revised. Additions to Contributing Structures: The proposal appropriately meets the intent of these requirements, with the exception that additions be secondary and subordinate. As previously stated, the new roof height overpowers the historic structure and should be reduced. Based on the comments provided above, positive findings can be made with respect to LDR Section 4.5.1(E)(8), subject to conditions of approval which address the noted recommendations. WAIVER ANALYSIS Pursuant to LDR Section 2.4.7(8)(5), prior to granting a waiver, the approving body shall make a finding that the granting of the waiver: (a) Shall not adversely affect the neighboring area; (b) Shall not significantly diminish the provision of public facilities; (c) Shall not create an unsafe situation; and, (d) Does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. Pursuant to LDR Section 4.6.14(8), Sight Visibility Triangle Measurements, The area on both sides of a driveway formed by the intersection of a driveway and a street or alley with a length of ten (10) feet along the driveway, a length of ten (10) feet along the street or alley right-of--way and the third side being a line connecting the ends of the other two lines. Pursuant to LDR Section 4.6.14(C), Intersections, when an accessway intersects a public right- of-way, all visual obstructions within the sight visibility triangle shall provide unobstructed cross- visibility at alevel between three (3) feet and six (6) feet. STAFF COMMENT: In consideration of the waiver criteria above, the request may be supported in that the location of 4' high fences within the sight visibility triangle is a minimal increase from the 3' maximum in this area, and will not adversely affect the neighboring area or create an unsafe situation. The granting of the waiver will not result in a special privilege as it would also be supported for similar circumstances, as evidenced in previous requests on historic properties. Therefore, positive findings can be made to reduce the sight visibility triangles at both the front and rear vehicular access ways. Pursuant to LDR Section 4.5.1(E)(3)(a)1.c., Buildings, Structures, Appurtenances and Parking; Fences and Walls, Fences and walls over four feet (4) shall not be allowed in front or side street setbacks. STAFF COMMENT: In consideration of the waiver criteria above, the request may be supported in that it is limited to the arbor, which is a feature, as opposed to a continuous wall along the front of the property which screens the historic structure from the right of way and negatively impacts the streetscape. The I .I , ~7 (..;~ ,~~ ,~~ granting of this waiver would not adversely affect the neighboring area, rather, it would support its enhancement. Further, the request will not result in a special privilege as similar requests have been approved and would continue to be supported in the future when appropriately requested. Therefore, positive findings can be made to permit the location of a 9' tall arbor within the front setback. Pursuant to LDR Section 4.5.1(E)(3)(b)1., Buildings, Structures, Appurtenances and Parking; Parking, where feasible, alternative methods of meeting minimum parking standards shall be explored to avoid excessive use of historic properties and/or properties located in historic districts for parking. At a minimum, the following options shall be considered: a. Locate parking adjacent to the building or in the rear. b. Screen parking that can be viewed from the public right-of--way with fencing, landscaping, or a combination of the two pursuant to Section 4.6.5. c. Utilize existing alleys to provide vehicular access to sites. d. Construct new curb cuts and street side driveways only in areas where they are appropriate or existed historically e. Use appropriate materials for driveways, such as concrete poured in ribbons. f. Avoid wide driveways and circular drives. STAFF COMMENT: In consideration of the waiver criteria above, the request may not be supported in that the location of the parking area adjacent to the right of way and within the front yard will adversely affect the neighboring area, as vehicles on single family properties are historically kept within the property, not along the streetscape as is found with multi-family or commercial uses. Further, the granting of the waiver would result in a special privilege as the proposed parking design is not supported for historic single-family properties. The parking and vehicular access should be revised to the original location adjacent to the north property line where the required parking will be outside of the front setback and appropriately placed on the property. Therefore, positive findings cannot be made with respect to the parking at the front of the property. ALTERNATIVE ACTIONS A. Continue with direction. B. Move approval of the Certificate of Appropriateness (2011-023) for 130 SE 7th Avenue, Marina Historic District by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof meets the criteria set forth in the Land Development Regulations, the Delray Beach Historic Preservation Design Guidelines, and the Secretary of the Interior's Standards for Rehabilitation. C. Move denial of the Certificate of Appropriateness (2011-023) for 130 SE 7th Avenue, Marina Historic District by adopting the findings of fact and law contained in the staff report, and finding that the request does not meet the criteria set forth in the Land Development Regulations, the Delray Beach Design Guidelines, and the Secretary of the Interior's Standards for Rehabilitation. (Motion to be phrased in the affirmative. See above) RECOMMENDATION Certificate of Appropriateness Move approval of the Certificate of Appropriateness (2011-023) for 130 SE 7th Avenue, Marina Historic District by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof meets the criteria set forth in the Land Development I .I , ~7 (..;~ ,~~ ,~~ Regulations, the Delray Beach Historic Preservation Design Guidelines, and the Secretary of the Interior's Standards for Rehabilitation, subject to the following conditions: 1. That the 5' right of way dedication be indicated on all applicable plans and the front property line adjusted; 2. That the sidewalk adjacent to the property along SE 7th Avenue be installed; 3. That the roof material be revised to a dimensional shingle; 4. That the front parking area be eliminated and the required parking spaces be accommodated outside of the front setback area, and provided for within an appropriately placed driveway as originally existed on the site running adjacent to the north property line; 5. That the accessory structure (gazebo) be eliminated to accommodate the driveway and required parking; 6. That the Hardieplank be revised to wood siding which matches that of the existing siding; 7. That the front entry porch be revised to contain a forward facing, stepped access; 8. That the shutter material be revised from aluminum to wood; and, 9. That the roof slope be reduced, and/or the type of roof revised in order to provide less roof mass. Variance: Side Yard Setbacks (North and South): Additions to Historic Structure Approve the Variance to LDR Section 4.3.4(K) to reduce the side yard setback associated with additions to the historic structure on the north to 4'9" and on the south to 5', whereas 7'6" is required. Variance: Side Yard Setbacks (North): Accessory Structure (Gazebo) Deny the Variance to LDR Section 4.3.4(K) to reduce the side yard setback associated with the accessory structure on the north to 5", whereas 7'6" is required. Variance: Required Parking Space within Front Setback Deny the Variance to LDR Section 4.6.9(C)(2) to permit the location of parking spaces within the front setback, whereas, all parking is required to be located behind the front setback line. Variance:Front Yard Encroachment of Swimming Pool Approve the Variance LDR Section 4.6.15 to permit the location of a swimming pool 23' from the front property line, whereas a setback of 25' is required. Waiver: LDR Section 4.6.14(C), Sight Visibility Triangle Intersections Recommend approval to the City Commission to permit a fence measuring 4' in height within the sight visibility triangle at both the front and rear of the property, whereas the maximum height of 3' is required. Waiver: LDR Section(E)(3)(a)1.c., Fences and Walls Recommend approval to the City Commission to permit an arbor measuring 9' in height within the front setback, whereas a maximum height of 4' is required. Waiver: LDR Section 4.5.1(E)(3)(b)1., Parking Recommend denial to the City Commission to permit the location of an unscreened, two-car wide parking area at the front of the property and adjacent to the right of way, whereas the parking should be adjacent to the building or in the rear, screened, located to the rear of the site, and not consist of a wide parking area or driveway. Report Prepared by: Amy E. 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Hasko, PE, Director of Environmental Services THROUGH: David T. Harden, City Manager DATE: June 15, 2011 SUBJECT: AGENDA ITEM 9.C. -REGULAR COMMISSION MEETING OF .TUNE 21, 2011 REQUEST FOR IN-LIEU OF PARKING SPACE/ .THB FLORIDA PROPERTIES, LLC ITEM BEFORE COMMISSION The item before the City Commission is consideration of a request from Burger Place for purchase of two (2) in-lieu of parking spaces and associated payment agreement. BACKGROUND Burger Place has submitted a Class III site plan modification for the conversion of Foxy's Ice Cream Parlor at 12 SE SthAvenue, currently considered retail, to restaurant. A 30 square foot expansion, for additional storage is also proposed. Land Development Regulations, (LDR) Section 4.4.13(G)(1) requires the provision of parking for change of or expansion of use resulting in a higher parking requirement. The 828 sq. ft. former retail is vested at 1 space per 300 square feet, while the restaurant requires 6 spaces per 1,000 sq. ft. of total floor area, with the difference resulting in two (2) additional spaces being required. The subject property is located in area 2 of the In-Lieu program costing $15,600 per space, totaling $31,200. The applicant wishes to enter into a payment agreement which requires 50% of the total due to be paid upon ratification of the agreement and two (2) subsequent payments on the 2nd and 3rd anniversaries of the agreement. It is noted that in-lieu fees are maintained separately from the general fund and may only be used for parking purposes. Although LDR Section 4.6.9(E)(3) allows for the approval of a payment in lieu of providing actual parking spaces, the continual use of the program in concentrated areas for uses with concurrent operation with no increase in capacity will eventually cause a negative impact in the area. There are a total of 169 parking spaces in the three (3) nearby lots, (Gladiola Lot 74; Village Lot 40 and the Chamber Lot 55). A total of 28 in-lieu of parking spaces have been approved in the surrounding area. Review of the Parking Study utilization patterns show that weekday daytime and evenings, these lots can support additional vehicles, as they are running between 50% and 70 % utilization, with 85% the industry standard for optimal utilization. However, Fridays and Saturdays the lots operated above the 85th percentile In fact, there were eight occasions in which the lots operated at over 100% utilization starting with the 6:00 PM counts. The effects of this over utilization result in properly parked vehicles being blocked in, landscape areas being damaged by vehicles parking in them and citations being issued for parking illegally, which can leave a negative impression, possibly causing visitors to never return. It is noted that these utilization studies were completed in 2009 in the midst of economic struggles. As economic recovery continues, these parking issues will only increase. The provision of off-street parking is to ensure the usefulness of the developments they serve and mitigate a negative impact on neighboring properties. Comprehensive Plan Policy A-5.4 of the Future Land Use Element states "the City shall continue to enforce its existing off-street parking requirements". The in-lieu program has previously been touted as a development incentive referencing Comprehensive Plan Policy C-4.1 which encourages the rehabilitation and revitalization of the CBD and suggests accommodating parking needs through innovative actions. While the in-lieu program is one of these innovative actions, at some point other innovations must be sought, such as the off-site parking provisions of the LDR Section 4.6.9(5). Although the Parking Management Advisory Board recommended approval, Staff remains concerned that the continued approval of in-lieu spaces in concentrated areas for uses with concurrent hours of operation will create increasing negative impacts beyond those noted in the study. Therefore, Staff recommends that the applicant's request be denied. The Parking Study is intended for this exact purpose, which is properly managing the existing parking inventory, spreading the utilization amongst parking areas in the downtown core, to achieve the 85th percentile of usage throughout the municipal parking areas. REVIEW BY OTHERS The Community Redevelopment Agency and Downtown Development Authority, at their respective meetings, recommended denial of the applicant's request. The Parking Management Advisory Board, at its May 24, 2011 meeting, recommended approval of the applicant's request in a 9-1 vote (Gimmy dissenting). RECOMMENDATION By motion, recommend denial of applicant's request by adopting the findings of fact and law that the denial of the request is consistent with the Comprehensive Plan and criteria set forth in the Land Development Regulations. (Please make the motion in the affirmative) 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 BURGER PLACE 1. This in lieu parking fee request for the purchase of 2 parking spaces in- lieu has come before the City Commission on June 21, 2011. 2. The Applicant and City staff presented documentary evidence and testimony to the City Commission pertaining to the in lieu parking fee request for Burger Place. All of the evidence is a part of the record in this case. Required findings are made in accordance with Subsection 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 2 parking spaces 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 $31,200.00. Payment is due 50% ($15,600.00) upon execution of the Agreement, 25% ($7,800.00) on the 2nd anniversary and 25% ($7,800.00) on the 3rd anniversary 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. 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 21st day of June, 2011, 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 JHB Florida Properties, LLC, owner of the property ("Owner"). WHEREAS, Owner is the owner of certain real property located at 12 SE 5th Avenue, Delray Beach, Florida, and referred to herein as the "Property"; and WHEREAS, Owner has applied to the City for approval for the conversion of use from retail to restaurant, 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 two (2) of the required parking spaces for the development of the Property 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 Dollars ($15,600) 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 two (2) 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 Thirty One Thousand and Two Hundred dollars ($31,200) (which represents $15,600 per parking space). The total fee shall be paid as follows: (a) One payment in the amount of Fifteen Thousand and Six Hundred and 00/100 dollars ($15,600.00) by check delivered to the City upon execution of this Agreement by the Owner. (b) Two payments, each in the amount of Seven Thousand and Eight Hundred and 00/100 dollars ($7,800), 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 7HB Florida Properties, LLC, 215 N Federal Highway, Boca Raton, FL, 33432, 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 remit payment within this thirty (30) day period shall be deemed 2 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: City Clerk Approved as to Form: By: City Attorney Nelson S. McDuffie, Mayor WITNESSES: OWNER: Print Name: Print Name: By: By: 3 (CORPORATE SEAL) STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this day of , 2011 by (name of officer or agent, title of officer or agent) of (state or place of incorporation) known to me or has produced Signature of Notary Public -State of Florida (name of corporation acknowledging), a corporation, on behalf of the corporation. 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F Ny Ms ~...' 1G4 ~ ~~~ f~F«;:.v ~~+1 I "~ r , f ~H 'fe~r1 rr y , ~; ~ ~5: ~ ~ 1 C, t .F~n l~`: i. ~ya 3aJ ~ r r a' ~r ~ ~ ~ ~ 4 ~ i I ~' I r >k5~"» rtu . _'- IN-LIEU SPACES BURGER P LAC E PARKING CAPACITY IN-LIEU REQUEST 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: June 14, 2011 SUBJECT: AGENDA ITEM 9.D. -REGULAR COMMISSION MEETING OF .TUNE 21, 2011 REQUEST FOR VALET QUEUE / MAX'S HARVEST ITEM BEFORE COMMISSION The item before the City Commission is that of approving a request from Max's Harvest to establish a valet parking queue in the 100 block of NE 2nd Avenue. BACKGROUND Max's Harvest, (f/k/a Taste Gastropub), located at 169 NE 2nd Avenue, (Pineapple Grove Way), has requested establishment of a valet queue in front of their restaurant. The nearest existing queue is the recently re-established queue in front of 25 NE 2nd Avenue, approximately 1,000 +/- feet away. Pineapple Grove Way was created as part of a Main Street USA program, promoting pedestrian friendliness and activity. The Pineapple Grove Main Street Board has worked diligently towards making the area a destination point. This initiative has been, and continues to be, supported by the City, Community Redevelopment Agency (CRA), Downtown Development Authority (DDA) and Chamber of Commerce, and is further demonstrated by the recent expansion of its northeast boundary. The expansion of valet parking queues along Pineapple Grove Way can be viewed as testimony to the success of these efforts. The request is for three (3) spaces, near the restaurant entrance. The parking configuration on the east side of the block, in front of the restaurant, contains six (6) parallel parking spaces flanked by landscape nodes. The three (3) southernmost spaces are requested for the queue, which staff supports as it provides ample distance to the intersection. The applicant requests hours of operation on Wednesday through Saturday 5:00 PM to Midnight. Considering the queues must be available to all visitors, staff would suggest that the queue stay opened unti12:00 AM, when the bars close. The valet may leave prior to 2:00 AM as long as no cars remain in their custody. Red Carpet Valet has been enlisted to manage the queue and Paradise Spa will allow the use of its 34 space parking lot across the street. The proposed travel route utilizes the alley system, avoiding main streets, while accessing the lot. The return trip is optimal, making a left out of the lot, north a few feet to the queue on the right. The valet parking queues support the shared parking opportunities referenced in both the Downtown Master Plan and recent Parking Study. In addition, valet queues further the policies, goals and objectives of the Comprehensive Plan's Future Land Use Element Policy C-3.1 which proffers maintaining the charm of the City, a "village by the sea" by encouraging the rehabilitation and revitalization of the area by several means including but not limited to accommodating parking through innovative means. The current cost of valet queue spaces is $100 per space per month. Approval of the request will produce an additional $3,600 annually. If approved, staff will assure all paperwork is in accordance with the Valet Parking License Agreement. REVIEW BY OTHERS The item has been presented to the Pineapple Grove Mains Street Board, Parking Management Advisory Board, and Downtown Development Authority, which all recommended approval at their respective meetings. RECOMMENDATION By motion approve the request from Max's Harvest to establish a valet parking queue as outlined above by adopting the findings of fact and law that the request is consistent with the Comprehensive Plan and criteria set forth in the Land Development Regulations. PARKING LICENSE AGREEMENT THIS AGREEMENT ("The Agreement") is made this day of , 2011, by and between the CITY OF DELRAY BEACH, a Florida Municipal Corporation (the "CITY"), and Max's Harvest, a Florida corporation ("LICENSEE"). WITNESSETH: WHEREAS, LICENSEE has requested permission to use a certain number of public parking spaces along NE 2"d Avenue, (Pineapple Grove Way) for valet parking queues; and WHEREAS, in order to use the parking spaces, the CITY requires that LICENSEE enter into this non-exclusive License Agreement. NOW THEREFORE, in consideration of the sum of Ten Dollars ($10.00), the mutual covenants and conditions contained in this Agreement, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereby agree as follows: L Incorporation of Recitals. The parties hereby represent and warrant that the above recitals are accurate and correct and hereby incorporate them in this Agreement. 2. Parking Queues. The CITY agrees to allow LICENSEE the non-exclusive use of three (3) parking spaces located on the east side of NE 2"d Avenue in front of 169 NE 2"d Avenue for valet parking queues. The parking spaces are to be used for valet parking queues daily between the hours of 5:00 p.m. to 2:00 a.m. seven, (7) days per week. LICENSEE acknowledges that the valet parking queues may be unavailable for use during certain special events from time to time (as determined in the CITY's sole discretion) and during the special events, the license will not be valid. It is also understood by the terms of this Agreement that the valet queue location may, from time to time, be re-located by the CITY in its sole discretion after providing thirty (30) days' written notice to LICENSEE. The LICENSEE and or the Valet shall not restrict the use of the Valet Queues to only persons using the LICENSEE' S business, but the valet queue shall be open to anyone wanting to use the valet service offered by LICENSEE. The City Manager or his designee(s), shall enforce the provisions of this agreement, including the location, time, days of the valet service, parking limitations and requirements, and compliance with all applicable laws and ordinances. When required by law, the enforcement shall be accomplished through personnel authorized bylaw to enforce the law. 3. Parking Locations/Agreements. LICENSEE agrees that LICENSEE and/or_its employees will not park any cars in CITY owned on-street or off-street parking spaces LICENSEE further agrees that LICENSEE will provide the CITY with current written assurances and/or a lease agreement for use of a private parking lot(s). The private lot(s) must also comply with minimum City codes for a parking lot(s). LICENSEE shall also provide the CITY with a copy of its current valet agreements, and a copy of its current insurance certificate as set forth in Exhibit A. LICENSEE will ensure that the valet service is operated in a manner that will not result in cars stacking on and/or blocking the travel ways of any alleyway, public street or parking lot. These assurances and agreements must be provided upon execution of this License Agreement., when there is a change in any agreement referred to herein or upon the request of the CITY. Failure to comply with these conditions will be a basis for termination of this License Agreement. 4. Payment for Parking Queue Spaces. LICENSEE agrees to pay the CITY one- hundred dollars ($100.00) per month, per parking queue space utilized by the 10th of each month. A late fee of 5% will be charged after this date. If more than one License Agreement is issued for the queues, the fee will be shared proportionately. 5. Si~na~e. The CITY agrees to post the valet parking queue spaces with valet parking times and days authorized. Sandwich board signs may not be used to advertise the valet service. Advertising signs will be allowed as prescribed by the City's Manager or his designee. 6. Valet Service; Valet Equipment. The LICENSEE'S operator may for the storage of keys install a moveable, temporary, valet desk on the sidewalk, either public or private, during the hours of valet service so long as the desk does not impede the pedestrian flow. 7. Term and Renewal. This Agreement shall expire on March 31st each year. The License may be renewed by the City Manager following receipt of a written notice from LICENSEE that LICENSEE desires to continue using the parking spaces for valet parking queue, if the City Manager determines in his sole discretion that the renewal is in the best interests of the CITY. The City Manager may add additional provisions to this agreement upon renewal, including but not limited to, the requirement to use an off-duty police officer during the time and dates the City Manager deems advisable. 2 8. Revocable License. This Agreement is only anon-exclusive License Agreement and may be revoked by the CITY at anytime with or without cause during the initial term or any renewals thereof upon providing written notice via U.S. Mail to LICENSEE. The revocation shall be effective when mailed. 9. Compliance with Laws. LICENSEE agrees to comply and adhere to all state laws and local ordinances regarding parking that exist or as amended from time to time. LICENSEE further acknowledges that due to the high traffic in this area, double parking unattended vehicles will not be permitted. 10. Notice. Notices required to be provided pursuant to this Agreement shall be sent to the following addresses: To CITY: David T. Harden, City Manager 100 N. W . 1st Avenue Delray Beach, Florida 33444 To LICENSEE: Max's Harvest 11. Insurance. LICENSEE agrees to provide the CITY insurance for the valet service in the amounts and under the conditions prescribed in Exhibit A which shall at all times remain current. The City of Delray Beach shall be named an additional insured. 12. Indemnification. In consideration of the payment of Ten Dollars ($10.00), receipt of which is hereby acknowledged, LICENSEE shall protect, defend, indemnify and hold harmless the CITY from and against any and all claims, suits, actions, damages and/or causes of action arising during the Term of this Lease for any personal injury, loss of life and/or damage to property sustained in or about the parking spaces/queues by reason or as a result of the use and occupancy of the parking spaces/queues by LICENSEE, its agents, employees, licensees, invitees, and members of the public generally, and from and against any orders, judgments, and/or decrees which may be entered thereon, and from and against all costs, attorney fees, expenses and liabilities incurred in and about the defense of any such claim. In the event the CITY shall be made a party to any litigation commenced against LICENSEE or by LICENSEE against any third party, then the LICENSEE shall protect, defend, indemnify and hold the CITY 3 harmless and pay all costs and attorney's fees incurred by the CITY in connection with such litigation, and any appeals thereof. 13. Third Parties. Nothing in this Agreement, whether express or implied, is intended to confer any rights or remedies under or by reason of this Agreement upon any person other than the parties hereto and their respective heirs, successors, legal representatives, and permitted assigns, nor is anything in this Agreement intended to relieve or discharge the obligation or liability of any third persons to any party to this Agreement, nor shall any provision thereof give any third person any right of subrogation or action over or against any party to this Agreement. 14. Penalties for Violations/Termination. Penalties will be imposed upon the LICENSEE for: (1) Valet parking of cars in either on-street or off-street public parking spaces; and/or (2) Valet parking of cars in the designated parking queues; and/or (3) Expanding the designated parking queues area. The penalty schedule for the above violations is as follows: 1st violation - warning 2nd violation - $200 3rd violation - $500 4th violation - Termination of License Agreement Notices of violation will be written by a Police Department representative and will be sent to the LICENSEE with a copy to the City Manager. Failure to make payment within thirty (30) days of receipt of the notice will result in termination of the agreement. LICENSEE acknowledges, however, notwithstanding the foregoing that the CITY may terminate this non-exclusive License Agreement without cause or for cause. LICENSEE will at all times comply with the City's policy/procedure for use of public parking spaces/queues which shall change from time to time subject to the sole discretion of the City. 15. Taxes. LICENSEE shall pay and comply with all laws regarding taxes, levies, assessments, fees and charges, including, but not limited to gross receipts, taxes, use taxes, property taxes, and sales taxes that may be imposed. 4 16. Assignment. This Agreement shall not be transferred or assigned without the express written consent of the CITY, which the CITY may withhold grants in its sole discretion. 17. Further Assurances. The parties shall from time to time execute and deliver such other and further instruments and documents and do all matters and things which may be convenient or necessary to more effectively and completely carry out the intent of this Agreement. 18. Binding Effect. All of the terms and provisions of this Agreement shall be binding upon, inure to the benefit of, and be enforceable by, the parties hereto and their respective heirs, successors, legal representatives, and permitted assigns. 19. Entire Agreement. This Agreement shall constitute the entire agreement of the parties with respect to the subject matter of it. 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. 20. Amendments. This Agreement may not be amended, modified, altered, or charged in any respect, except by a further agreement in writing duly executed by each of the parties hereto. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed on their behalf this ATTEST: City Clerk Approved as to form: day of , 201_. THE CITY OF DELRAY BEACH, a Florida Municipal Corporation By: Nelson S. McDuffie, Mayor City Attorney (CORPORATE SEAL) By: Name Printed: Title: 5 STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of 201 by as (name of officer or agent, title of officer or agent), of (name of corporation acknowledging), a (state or place of incorporation) corporation, on behalf of the corporation. He/She is personally known to me or has produced (type of identification) as identification. Signature of Notary Public -State of Florida 6 EXHIBIT A INSURANCE REQUIREMENTS FORM 1. Workers' Compensation per the Statutory limits of the State of Florida to include Employer's Liability Insurance with limits of at least $100,000/$500,000/$100,000. 2. Garage Liability Insurance of at least $1,000,000 combined single limits per occurrence to protect the City against all risks of injury to persons (including death) or damage to property wherever located resulting from any action or operation under the contract or in connection with the work. This policy is to provide coverage for premises/operations including auto liability, independent contractors, broad form contractual liability, products/completed operations. 3. Garage Keepers Insurance with limits of no less than $60,000 per auto, with an annual aggregate of $500,000. 4. Automobile Liability of at least $300,000 combined single limits per occurrence for owned/non-owned/hired automobiles connected with the business. 5. The City of Delray Beach and PRIVATE LOT OWNERS must be named as additional insured on the liability policies; and it must be stated on the certificate. 6. Thirty (30) days written cancellation notice required. 7. Best's guide rating B+, VIII or better, latest edition. 7 M ~ ~ ~i t ~ i , _ ~ ~.... r I4 X~ ~~ 55j r y ~ ~~ w~ ~ ~ ..,, _. 0.W i "ir } , lt- ~f ,; „ r ,~, ~'~ ~u ~ I f x ~". '4 f //rl'%~l ~o a j n ~ Ll ~ ~ I F y ~ j ~ i ~ ~~ ' i l tic~i _ ~_`Y ~ ~ „~ Iv ' §} I 7~ i ~ ~ ~ ~ ,. ~; ~~ ~I ~' ~ - wr.,.. ,, ,_,, ~~r~t~y~€ ', ~,.~,. ~~. ~ ~ ,~~~i ; w , ~~ eo 4. ., ' E. , ~ , 7. ~~~ ,., „ y ;, , ~'~ ~t~ ~ ~ ~ ~~ ~~~~~~ ~. I ~ 1r~ :r '~ ~ ~ 1 ~ • • ~ '~Y~ i ai(M.^.Y.rl~i.1J q ~ ~ "rt!?R~•"' .:.~I~»~~:~!~~ ~.i - ~ i ( .. j I fi `' ~'~ ~i ~ ~ f t~ ' yXF~.i ~ C ,. ~. 4 f .; % I j .,. ~ p ~~ 0 ~~. I f~j ~ 4 ~ ~. ~ ~ r / $ / :! `F ~ ~ ;~ ~J r• i ` l e, ~ , r~ 4 3 ~2J~ sx I . , .`~.. .. ~ !S :;.. . .'le~I.S., :. r^ ' ~.,.~,. .. ,.. _. _ +~., ~ + 5 r f j. * k .~ ~ ~ A~ t ~ ~- ~ '~ ,~ eA.1~.5 r « I ~ r. ~ ~ i!~ r i rj ! ~ ~ .. ~. ) ,'~~ ( 'w 31n I ~ . ~ 'A w I NL' p ~ 3 ~y_ ~ } ~ ... L ~, . ~s~.~~ ~x~iwi, '~~~ ~~~~~r r ~ .. I I ,sr ~ rf~j ~ }Ir ~ P ._ ', ' . .. ~ .o. ~ ,~ fig' ,. nr f, ~' ~ "' `t f ~ ~ ~J r~ ~' r ,~ ~~ ~ ~ ~~.. op , :;, e.~l, x h ~ ., i ._.... :.~. ' ~ f Y _~' ~ ~ ` llJ ~ t ~ 1 fr ~ ' J , i I' ~ a Ix lr ~~ I," If ~ ~ ~ ~~ it ~ ~ y ~.. /~ * ~ ~~ I ' SUBJECT PROPERTI' i A ~.. .. .~ ~ ` ,V HY >.y vti ~ ~ ~~ c 4 r , ' ~ ~ ~ ~ e^sJ~l' ~ yP ~. ~ i t , ~~ Ii , 14 ~ik~ ['~ ,~ ; ui ~~i~ ~ ~ ~ A ~'°~~ r t i ~z t J ~ ~ , ~ _ ( ; P4! `i ~r 1 3 ~~ ~ x ' .r a. . ~ ~~. ..d _ ~ ' r _. 'F + ~D am ~' ~ ~ b' I;~ 1„i+ yr , ~ ,. A{ . ,l I `. ~~ ~ 4 i 3r '. ~ U F1r" i/ ~ I 3i ~ ,,, P ' ' B' { ' '~ ~. .. .~ ~~ ~~ ~ E 1~ Vz , ~ s ~ _~ ~ .~ / 1. .. r ., ~~ ,_ ~ _ r ~+ ',~'' t u ,,i:~ ~ r ~ ~ ~ a '~2 i ... ~ 'd'~~~fi"'"s ~'t, l re ~ s^1~ , e ~4 h -1 ~~t v ~ f -u ~' ~"+^ _ y. v.:..~ ~ r ~~ , . . ~ yl : ,. '~ n , '- ~x ~ h,~lc < ,« ~ ~ f~~ ROUTE OF TRAVEL MAX'S HARVEST VALET REQUEST MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: June 14, 2011 SUBJECT: AGENDA ITEM 9.E. -REGULAR COMMISSION MEETING OF .TUNE 21, 2011 DESIGNATION OF VOTING DELEGATE ITEM BEFORE COMMISSION The 85th Annual Conference of the Florida League of Cities will be held at the World Center Marriott in Orlando, Florida on August 11-13, 2011. The League encourages each member city to send as many delgates as possible to the conference, and also requests that each city designate one of its officials to cast votes at the Annual Business Session. League By-Laws require that each city select one person to serve as the city's voting delegate. Municipalities do not need to adopt a resoution to designate a voting delegate. BACKGROUND Last year Commissioner Frankel was selected as the voting delgate. The Mayor, a Commissioner, or the City Manager may be designated to serve in that capacity. RECOMMENDATION Recommend designation of a voting delegate to cast votes on behalf of the City of Delray Beach at the Annual Business Session of the Florida League of Cities. MEMORANDUM TO: Mayor and City Commissioners FROM: Robert A. Barcinski, Assistant City Manager THROUGH: David T. Harden, City Manager DATE: June 14, 2011 SUBJECT: AGENDA ITEM 9.F. -REGULAR COMMISSION MEETING OF .TUNE 21, 2011 EXTENSION OF THE MANAGEMENT AGREEMENT/BC.TE, INC/DUBIN AND ASSOCIATES ITEM BEFORE COMMISSION Commission is requested to consider an offer to extend the Management Agreement with BJCE, Inc. for the Municipal and Lakeview Golf Courses and with Dubin and Associates for the Tennis Facilities for four (4) years fora 10% reduction in the current management fee. BACKGROUND Attached is a letter request from Sharon Painter offering to reduce the current contract fee by 10% in exchange for a four (4) year extension to the current Management Agreements for golf and tennis. These agreements currently expire September 30, 2012. With the extension the agreement would end September 30, 2016. The reduction in fee would be $12,700 for the Municipal Course, $2,600 for Lakeview and $4,700 for the Tennis Facilities annually and the reduction of 10% would start in FYll- 12. The only change to the original agreements would be the term and fee. RECOMMENDATION Staff recommends consideration of the request to extend the Management Agreements for the golf courses and tennis facilities for four (4) years in return fora 10% reduction in the fee starting in FYll- 12. Galt & Tennis Management, Development & Consultafion A llivislon of bubin & Associates June 9, 2011 Mr. David Harden 100 iV.W.15{ Street Delray Beach, Fi_ 33444 Dear Mr. Hardin, E -1 &~. ~. I ~ (V ~ L.~ .~~~~ ~_ Q ~~~~ ~~i°~'Y MANA~~F~ Recently, in bath Hollywood and West Palm Beach, Florida, JCD Sports Group has offered to partner with the cities and reduce our management fees to be part of the solution in the current economic situation with which we find ourselves. With the City of Delray Beach we began a partnership to assist with the economic situation in 2007 when we froze our management fee for the four year renewal term. We are offering to continue this partnership to a greater level by proposing a 10% reduction off the current contract fee for FY 2012 and subsequent years if the City is willing to offer a contract renewal with the same terms and conditions beginning with FY2013. This reduction will account fora $20,000 savings to the City next year and $100,000 over the next five years for golf and tennis management. This wiN also get us through June, 2016 when the debt service at both golf facilities will be retired and additional revenue will become available to operate the facilities. Please feel free to contact me, at your convenience, to discuss. Best Regards, ~A~ ~ !~ En~iv Sharon Painter CEO !CD Sports Group cc: Mr. Bob Barcinsl<i, Assistant City Manager 1300 Parlc of Commerce • Suite 272 • ©elray Beach, FL 33445 • (561) 265-4255 • Fax (561 } 285-2752 MEMORANDUM TO: Mayor and City Commissioners FROM: Linda Karch, Director of Parks and Recreation THROUGH: David T. Harden, City Manager DATE: June 16, 2011 SUBJECT: AGENDA ITEM 9.G. -REGULAR COMMISSION MEETING OF .TUNE 21, 2011 BOTTLED WATER ON THE BEACH ITEM BEFORE COMMISSION Consider City Commission approval to grant a nonexclusive license contract to Morrison-Willoughby to sell bottled water on the beach under Section 101.25 (C) of the City Code of Ordinances. BACKGROUND This request before Commission is to obtain a license contract to sell bottled water on the Municipal Beach. Morrison-Willoughby proposes that the sale of bottled water on the Municipal Beach should be considered under Section 101.25 (D) of the City Code, Subsection 1, due to reasons as stated in their letter, including the prolonged period of time visitors spend at the beach, the City allowing water for sale at the Delray Beach Tennis Center during tennis matches, as a convenience to the beach-goers, and for health and safety reasons of the bathers. RECOMMENDATION The City Parks and Recreation Department does not recommend approval of this request. We believe the criteria of Section 101.25(D) are not sufficiently satisfied. Furthermore, if such an activity were allowed, it would open up our beach to sales of all items which would change the appeal of our beach, would hinder the sales as provided by local merchants, and would go against the open bidding process required for the equal rights of others to provide a similar service on our beach. Municode Page 1 of 1 dec. 101.25. - C©I~MERCi>A~, EP;jTEF~P'RISE~; ~~LE OR ~ENTkQL O~ GOf3~S OR SER111CES. (q) No person shall sell or offer for sale any article, thing, privilege or seruice within any park, recreation or municipal beach site without a permit from the Parks and Recreation Department, and no person shall do any begging, hawking, peddling or soliciting therein. (B) Na person shall engage in any sale, exchange, barter, rental, lease or other transfer of goods, property or seruices whether tangible or intangible, on the municipal beach or on the area west of the municipal beach between the easternmost edge of the east curb of State Road A1A (Ocean Boulevard) and the west right-of- way line of Sta#e Road A1A (Ocean Boulevard}, excep# pursuant to a nonexclusive license contract, as provided therein. {CJ Any person desiring to engage in activity prohibited herein shall apply to the City Commission through the City Manager for the execution of a nonexclusive license contract. {t7) In determining whether it shall grant a license contract, and the terms and conditions thereof, the Commission shall consider, but shall not be limited to, the following criteria: {1J Whether the proposed activity is consistent with the operation of the municipal beach as being noncommercial, recreational and relaxing. {2J Whe#her the activity is commonly associated with relaxing, noncommercial, recreational marine beaches. {3) The effect on the health, safety and general welfare of the bathers, swimmers and individuals using the beach. {4} The general public's demand for the proposed activity. {5} The extent to which the proposed activity would disrupt or interfere with the general activities on the beach. The Commission shall place restrictions on the activity as it deems appropriate. {EJ The Commission shall not permit, and nothing herein shall be construed to allow, the activity proscribed or prescribed herein to be conducted on any portion of the State Road A1A (Ocean Boulevard) right-of-way maintained by the State or its designees. {~;ocie 19$0, § 17-22; C}rd. 1Vo. 54-83, passed 8/9/83) Cross reference- Penalty,§_161,.99 httpa/library.municode.com/print.aspx?clientID=13704&HTMRequest-http%3a%2f%2fli... 6/1S/201 ~ ~,, Morrison-Willoughby David T. Harden, City Manager City of Delray Beach 100 NW 1~ Avenue Defray Beach, FL 33444 May 24, 2011 Re: Permit Request Dear Sir:. i '~--~- ',~~ ~ g~!..i ~~~y t 1 am writing.as a legal intern for Morrison-Willoughby at the direction of Doug Smith and Terrill Pyburn. Morrison-Willoughby is requesting anon-exclusive license to sell bottled water on the beach under Section 101.25(C) of the City Code, since the director of Parks and Recreation has a blanket prohibition on issuing permits under 101.25(A). In consideration of 101.25(D), Morrison-Willoughby sets forth the following: 1. The proposed activity is consistent with the operation of the municipal beach as being noncommercial, recreational and relaxing for the following reasons: a. The municipal beach located East of Atlantic Avenue offers chairs and umbrellas for visitors to rent. The duration for a rental is at least 1 hour. This would tend to show that visitors tend to spend prolonged periods of time at the beach. 1=urther, visitors who rent umbrellas tend to spend several hours at the beach, usually between 10am-3pm. In this, offering bottled water would be a logical paring to an umbrella service where visi#ors do not bring their own bulky items such as umbrellas or coolers and visit the beach for hours. b. Offering bottled water for sale has already been approved by the city of Defray Beach as a noncommercial activity during tennis matches at the Delray Beach Tennis Center and Delray Swim and Tennis Club. Both tennis centers have shown that providing water facilitates the ease of visiting a public forum, as visitors do not have to carry bulky items, such as bottles of water, With them. c. The dictionary defines recreational as a "Relating to or denoting activity done for enjoyment when one is not working," and activity as "Busy or vigorous action or - movement." Beach examples provided are sports such as football, volleyball, and swimming. Therefore, the conclusion that bottled water would compliment a recreational activity could be easily drawn. d. The dictionary defines relaxing as "Rest or engaging in an enjoyable activity so as to become less tired or anxious." WebMD lists the fallowing as benefits to drinking water: Natural Remedy for Headache, Better Exercise, Less Cramps and Sprains, Relieves 2395 Jaeger Dr SC Delray Beach, FL 33444-2042 j Sb1-702-8328 t, MorrYSOn-Willoughby Fatigue, and Goad Mood. Therefore, it could be concluded that bottled water would directly aid in relaxation. Further, providing bottled water would eliminate the need for visitors to the beach to travel back and forth to the water fountains along A1A. 2. The following local beaches offer bottled water: Boca Beach Club, Deerfield Beach, Pompano Beach, Fort Lauderdale Beach, and as such, the activity is commonly associated with relaxing, noncommercial, recreational marine beaches. Moreover, Delray Beach has water fountains installed in the beach showers, which were intended to provide water to visitors. However, the water fountains are hardly used for their intended purpose due to the semi-annual water distribution line enhanced disinfection program, and the general cleanliness of the fountains. In this, unfiltered tap water is no longer being offered at the restaurants along Atlantic Avenue. 3. .The effect of providing water on the health, safety and general welfare of the bathers, swimmers and individuals using the beach is commonsensical. Without water, visitors could suffer dehydration, heat exhaustion, heat stroke, and other serious conditions according to Gray's Anatomy of the Human Body. Further, if visitors bring their own water i~ plastic battles, .and those bottles are left in direct sunlight, the plastics may contaminate the water. According to the FDA, plastics #3, 6, and 7, contain toxins that may leach into the water when left in sun. In contrast, The Commission may place a restriction on Morrison-Willoughby, whereas all water is 'to be stored in heavy-duty plastic coolers. Further, if Morrison-Willoughby is given anon-exclusive license to provide bottled water, Morrison-Willoughby could be charged by The Commission with the cleanup of all battles resembling the specific brand of water Morrison-Willoughby provides. ~. The fact that visitors to the beach tend to bring drinks to the beach rather than drink from the water fountains would show a demand for the proposed activity. 5. The extent to which providing bottled water would disruptor interfere with the general activities on the beach would be very low compared to the umbrella service, which geographically occupies a substantial portion of the beach's surface ~tiiere are tvao rows of umbrellas for rent along the beach stretching from dust Forth of Atlantic Ave, South to The Seagate Beach Club), which has already been approved. The water service would simply be complimenting some of these umbrella stations as one employee with a cooler may serve many visitors and may walk the entire span of beach rather than setting up stations that occupy physical space. Sincerely, Clinton Cimring, 1_egallntern 2395 Jaeger Dr SC Delray Beach,l~L 33444-2042 ~ 561-702-8328 MEMORANDUM TO: Mayor and City Commissioners FROM: David A. Boyd, Director of Finance THROUGH: David T. Harden, City Manager DATE: June 14, 2011 SUBJECT: AGENDA ITEM 9.H. -REGULAR COMMISSION MEETING OF .TUNE 21, 2011 PROPOSAL/ CENTER FOR PRIORITY BASED BUDGETING ITEM BEFORE COMMISSION Proposal from the Center for Priority Based Budgeting for the development and implementation of a Priority Based Budgeting Process. BACKGROUND The City is facing continued decline in property tax and other revenues into FY 2012. The International City/County Management Association (ICMA), recognizing this as a national problem, has sponsored webinars on a priority based decision process that clarifies opportunities by focusing attention on the community's highest priority programs and shifting resources from those programs that are not highly relevant in terms of achieving the community's goals. This process recognizes that fiscal problems facing local government appear long-term in nature and cannot be solved by short-term solutions such as furloughs, pay freezes, across the board cuts, etc. The long term nature of our current fiscal challenges has been emphasized recently by what may be a double dip in housing prices. Attached is a proposal from the Center for Priority Based Budgeting. It takes into consideration the City's existing work in the areas of goal setting and functional cost allocation. The proposed cost is $30,000 plus an estimated $5,000 to $6,000 in on site work by the Center's staff. REVIEW BY OTHERS On June 14, 2011 the Financial Review Board voted to recommend of this proposal to the City Commission. FUNDING SOURCE Funding is provided in the mid-year budget amendment. RECOMMENDATION Recommend Commission approve the Center for Priority Based Budgeting proposal. ~~;~ieve is~c° l ell es~s~ r ®® ri ri s~e ~~,~ eir? ~®~ ~~~~s~..u ~ ~u c ieve is~c° l e It r r®®i s~ic°®` r c° C]EI~T'~']E]~ ]E®]~ ]~]~~®]~~['~'~ ]~AS]E~ ]~~G]E'~'~I~TG "Leading Communities to Fiscal Health and Wellness°° May 10, 2011 Mr. David Boyd Chief Financial Officer City of Delray Beach 100 NW 1St Ave. Delray Beach, FL 33444 Re: Implementation of Priority Based Budgeting and Development of the Fiscal Health Diagnostic Tool Dear David: The Center for Priority Based Budgeting is extremely pleased to provide this proposal in response to the City of Delray Beach's request for advisory, analytical and facilitation assistance in the development and implementation of our Priority Based Budgeting process. We believe that this unique and timely results-based approach to resource allocation addresses the needs of local governments everywhere as they struggle to deal with unprecedented budgetary constraints as well as strive to achieve long-term financial sustainability. We are truly excited to offer this creative and innovative process to the City of Delray Beach. As you are aware, while serving as local government practitioners, we developed the Priority Based Budgeting model to address our belief that there needed to be a process that would successfully link the stated strategic results that an organization strives to accomplish with the way resource allocation decisions are made through the budget process. Because of its specific relevance to local governments needing to address their immediate short-term budgetary distress, our Priority Based Budgeting process has gained nationwide recognition and has been promoted by the International City/County Management Association (ICMA), the Government Finance Officers Association (GFOA) and the Alliance for Innovation. In the 18 local governments that have implemented Priority Based Budgeting, we have seen that this process not only provides a way in which an organization can make better short-term resource allocation decisions based on the relative priority of the various programs and services it offers, but also provides a new way to link budget decisions to the strategic results and outcomes that the organization wishes to achieve for the long-term. 2 It is gratifying and rewarding for the Center to be able to offer its assistance to the City of Delray Beach in the implementation of our Priority Based Budgeting process. It will be an honor and a pleasure to work with your organization to help it achieve all the benefits and outcomes of this process, which we believe will lead local governments to more open, transparent and sustainable decision-making for years to come. Best Regards, Jon Johnson C~wi f~:~• 3 The Center or Priorit Based Bud etin How Can My Organization Achieve Fiscal Health and Wellness? The Center for Priority Based Budgeting proudly offers its services in helping local government organizations address their fiscal realities both in the short-term and long-term through a new and creative process that is actively being implemented across the country. These "hands-on" practitioners have developed the Fiscal Health and Wellness process to help cities counties, school districts, special districts and non-profit agencies find the answers to the most relevant questions of the day: • How do we "stop the bleeding?" • How can our organization "spend within its means?" • How do we allocate scarce resources to "top priority" programs? • How can we link our budget with our strategic goals/objectives and then "measure" their performance? • How does our organization head down a path of long-term 'financial sustainability?" Traditional responses to a financial crisis such as "across-the-board cuts," employee furloughs, pay freezes, selling assets, or mere cosmetic "accounting gimmicks" are typically not the most effective treatments to turn to when trying to close an ongoing "gap" between ongoing revenues and ongoing costs to provide programs and services. Local governments choosing to implement Fiscal Health and Wellness as a treatment regimen are making substantial progress because they are doing the analytical work required to more accurately diagnosis the reasons behind their fiscal issues and then determining the best treatments that lead to a viable cure. Fiscal Health can only be achieved by properly diagnosing the symptoms and causes of your organization's budget issues, allowing you to "prescribe" the correct treatments that can alleviate your fiscal distress. Applying the wrong treatment will not "cure what ails you" and may even make matters worse. Once your organization is fiscally healthy, it can then become financially sustainable in the long term by implementing a Fiscal Wellness regimen that revolves around the principles of Priority Based Budgeting. Through this process, Jon Johnson and Chris Fabian have already helped dozens of local governments achieve Fiscal Health and Wellness in this tough and unprecedented economic climate. Additionally, by implementing Priority Based Budgeting, cities and counties alike have now found a way to link their strategic goals and objectives with the budget process and with their performance measurements. The Center for Priority Based Budgeting offers the professional expertise, analytical skills and diagnostic tools needed to help your jurisdiction turn these tough times around. For the short-term we can provide you with the tools and techniques you need to assess and monitor your organization's picture of Fiscal Health. For the long- term, we can assist your organization in clearly defining its goals and objectives and lead you in a process that prioritizes your spending to align with these goals. Our objective is to help you: • Diagnose the root cause of your fiscal problems • Identify effective treatment options • Establish clearly defined goals for your organization • Prioritize resource allocation to your most valuable programs and services • Engage the community in determining what they highly value and expect • Provide decision-makers with better information about the impacts of their decisions • Develop the tools you need to see things more clearly through a "new lens" with our unique "Fiscal Health Diagnostic Tool" and our "Resource Allocation Tool" 4 The Center for Priority Based Budgeting offer several levels of services to meet the individual needs of your organization as it addresses its short-term and long-term fiscal concerns. These flexible and attainable approaches can be tailored to work with any level of engagement your organization is ready to embark upon. Many approaches are available to your organization depending on what suits your needs most effectively. Jon and Chris are available to talk through these alternative approaches and find the best one that meets your particular needs. Our main objective is to find the best way to assist your organization in dealing with its fiscal stress and reaching a stable and sustainable level of Fiscal Health and Wellness. Please visit our website: www.pbbcenter.org Among the wide range of services available through the Center for Priority Based Budgeting: -~ Priority eased Budgeting" Process Implementation j~~ Fiscal Health Diagnostic Assessments -~ "Fiscal Health Diagnostic Tool" Development j~~ Utility Rate Modeling (using our "Fiscal Health Diagnostic Tool") -~ Facilitated Goal-Setting /Strategic Planning Retreats and Workshops j~~ Citizen Engagement Facilitation -~ "Fiscal Health and Wellness" Workshops ~. Financial Policy Development -~ Revenue Forecasting Support ~. Revenue Manual and Program Inventory Development -~ "Capital Improvement Plan" (CIP) Development and Prioritization ~. Performance Measures and Metrics Assessments -~ Internal Service Fund Analysis and Development -~ Program Costing Support (direct, indirect and overhead components) 5 The Center or Priorit Based Bud etin How We Propose to Assist the City of Delray Beach The Center for Priority Based Budgeting believes that the City of Delray Beach has already taken great strides towards effectively implementing the initial steps involved in the Priority Based Budgeting process developed by the Center. Our process is based entirely on the philosophy that the identified results of any community need to be clearly aligned with the resource allocation decisions that are made during the budget process. This proposal details how the City can leverage and take advantage of the work they've completed to date and then continue forward with the full implementation of Priority Based Budgeting. The greatest benefit to Delray Beach in having already begun its efforts in implementing Priority Based Budgeting is that the organization has been exposed to the concepts, and therefore organizational buy-in, which is critical to the process, is already underway. The Center strongly believes that the process needs to be integrated into the organization's culture for the long term and to that end, would recommend that staff and elected officials gain a complete perspective on the process in a workshop. The workshop would engage them as participants from the outset of the process and help define their roles and responsibilities so it is clear what is expected of them. The Fiscal Health and Wellness Orientation Workshop would "kick-off" the project and would consist of: • Conducting a one day, on-site workshop with elected officials, executive administration, managers, supervisors, employees, and/or citizens to achieve "buy-in" from these stakeholders that Fiscal Health and Wellness, especially Priority Based Budgeting, continues to be the appropriate solution for the City. • Providing specific training to elected officials, executive administration, managers and/or supervisors on the elements of the Fiscal Health and Wellness model to achieve a greater understanding of what will be involved in the full implementation of the process, how Priority Based Budgeting works, and how it can be used to achieve the objectives the City is seeking. Following the orientation workshop, the Center would lead the organization through a process to leverage what the City has already completed to date, in order to completely accomplish the five steps of Priority Based Budgeting, with an approach to achieve the following key objectives: • Implement a holistic process that will align strategic planning with resource allocation decisions (budget process) as well as performance measurement and management • Leverage the work already in place related to the City's efforts in their "2010-2015 Strategic Plon" to identify and define the strategic Results that the organization seeks to achieve • Through the construction of "Results Mops," clearly define and articulate the "meaning" of the City's Results to internal as well as external stakeholders, thus providing a "roadmap" that guides the City in the direction of results-oriented resource allocation and decision-making • If desired, provide a framework for involvement of community stakeholders in validating and/or helping to define the City's Results • Build upon the work already accomplished to develop a comprehensive list of programs and services offered by the organization and identify the costs of those services in order to fully implement the Priority Based Budgeting process 6 • Evaluate and determine the degree to which those programs and services contribute to the achievement of the identified results • Prioritize those services which highly achieve those identified results as compared with those programs that are less of a priority in terms of their impact on results • Align resource allocation decisions with higher priority programs • Provide a "new lens" through which the City can clearly see where opportunities exist to refocus attention on programs that are of the highest priority to the community and shift resources away from those programs that are not highly relevant in terms of achieving the City's Results for the community • Lead the organization in the development of measures and metrics that demonstrate how a program achieves the identified results • Undertake a strategic process that will achieve these stated objectives without requiring the City to move at a faster pace than desired, ensuring a successful and permanent shift in direction and philosophy • Demonstrate how this process can be adapted to evaluate significant capital projects and other one-time initiatives order to identify those that are of the highest priority in terms of accomplishing the City's overall results Based on these key objectives, the Center recommends the following methodology and approach to assist the City of Delray Beach in undertaking the implementation of Priority Based Budgeting. ~: The City's "2010-2015 Strategic Plan" identifies six "Goals" which are the following: 1. Top Quality Services Valued by Citizens 2. Expanded Downtown: From A1A to I-95 3. Expanded /Diversified Local Economy 4. Quality Neighborhoods Where People Want to Live 5. Community Unity 6. Quality Educational Opportunities These are the "Goals" that the City used in their initial attempts to undertake a Priority Based Budgeting approach. Programs were scored on the basis of how they influenced these Goals, as well as being scored against the four commonly used "Basic Program Attributes" as demonstrated in the following graphic - a screen-capture from one of the City's program scorecards. 7 Evaluation Criteria B asic Progra m Attribu tes Priority Results Reliance Expanded To p Quality Quality Mandated Cost Cha nge in on City to Expanded/ Downtown: Services Quality Neighborhoods to Provide Recovery Demand Provide Diversified From A1A Valued by Communi ty Educational Where People Function of Function for Service Service Local Economy tol-95 Citizens Unity Opportunities Wantto Li ve 045ca 1e 0-45cale -445ca1e 0-45cale (4-State/ based onY (-4xlemand (4~nly City can Federal (4-75-100Y; signifca ntly provide serivice; a ndate; 3-50-]4Y; decreasing; 2-Only pu blic 2Xharter; 2-25-49Y; 4-demand entities can 1-0rdlna nce/ 1=1-24Y) slgnlflca ntly provide service; Resolution/ crea ing) Ox>ther Ona SCa le of0 too poi nts:4-f unction is essential to ac hievingthe results;3-function has Contract;0= entities can astrong infl uen on the resu lt 2=functioninfluence s t he result;l=function has some o mandate) provide service) influenc e, though minimal;0=function has noinfl ue nce on achievingthe result Division Function City Commission Legislative 4 0 1 4 4 4 4 4 4 4 Fi re Safety Management 4 0 4 4 4 4 4 4 4 4 Pompey Park Administration 0 1 0 4 4 4 4 4 4 4 Fire Safety Inspection 4 1 4 4 4 4 4 2 4 4 Comm Imp Admin Management 1 0 4 4 4 3 4 4 3 4 Transfers CRA 1 0 0 4 4 4 4 3 0 4 Fire Safety Plan Reviewer 4 4 2 4 4 4 4 2 1 4 Planning&Zoning Long Range Planning 4 1 3 0 3 3 4 4 2 4 Police Operations Bureau Community Patrol 0 1 2 2 4 3 4 3 1 4 Based on our review, it appears that these Goals are closely aligned with what we consider to be appropriate "Community-oriented Results" as utilized in the Priority Based Budgeting process. They appear to be high-level goals, as opposed to specific projects or one-time initiatives. They also appear to be more overarching in nature that will "stand the test of time," as opposed to more short-term needs or tasks which normally have a targeted "finish-line." And finally, these Goals appear to be unique to the City of Delray Beach, in that they attempt to represent why your local government exists and why it offers the types of unique services it does to the community. For those reasons, we believe that the work accomplished in the City's "2010-2015 Strategic Plan" can successfully be leveraged in accomplishing the initial step of "Determining Results" inherent in our Priority Based Budgeting process. We do, however, have two observations related to these identified Goals as outlined in the City's "2010-2015 Strategic Plan" that we feel are important to share and also provide recommended options for addressing them: 1. There may potentially be additional "Results" the City intends to achieve, beyond the "Goals" already outlined in the "2010-2015 Strategic Plan" Based on our work with other communities, it appears that there could possibly be a few additional Results that the City may wish to consider in addition to the six Goals already articulated. For instance, it is unusual for a City that provides Police, Fire and Emergency Management services to not have a Result that explicitly states that the City exists to provide a "Safe Community" or a "Safe Place to Live, Work and Play." While the concept of "public safety" could be inferred in the way the City defines either its Goal of "Top Quality Services" or "Quality Neighborhoods," it may not be as clearly evident to external and internal stakeholders that these public safety services are an important reason that the City exists. Many communities also have a specific result that indicates the importance of a "Safe, Well-Maintained Transportation System" or "Well-Planned and Well- Maintained Mobility Options." Again, the programs offered by a Public Works or Streets Department might be linked to the same Goals mentioned above, but if programs related to traffic flow, street maintenance and/or public transportation are important to the community, these "inferences" might not communicate clearly the importance of these programs in achieving the overall Results of the City. We raise this observation because 1) it is critically important to the process that all of the City's Results are clearly articulated and that no key reason for the City's existence is "missing," and 2) the success of the process, especially related to program scoring, depends on having all of the City's Results clearly established so that programs that are truly the most relevant to the community have the appropriate Results to score against. If either achieving a "Safe Community" or a "Safe, Well-Maintained Transportation System" is clearly an important 8 Result for the City, without a more clearly-stated Result being identified, the programs offered by your Police, Fire, Traffic Planning, Street Maintenance or even Building Inspections Departments would lack a clear Result that truly defines why the services offered by these departments exist. Recommendation: In order to leverage and make complete use of the work already accomplished in the "2010- 2015 Strategic Plan," as well as ensuring that the list of Results that the City uses for the rest of the process through program scoring are comprehensive and complete, the Center recommends undertaking the following important, yet relatively minor, effort in order for the City to accomplish "Step 1" in our Priority Based Budgeting process. In reviewing the City's "2010-2015 Strategic Plan," it's clear that within the City's identified "Goals," its "Guiding Principles," as well as its "Vision" the additional Results we feel might be "missing" have already been identified but not listed as separate Goals. As it has done with other organizations, the Center proposes to produce a list of recommended Results entirely based on a summary of the Council Goals, Guiding Principles and Vision. We would use the term "Results" rather than referring to them as "Goals" to ensure that Council sees clearly that these Results are being used for the purposes of implementing Priority Based Budgeting and not attempting to alter in any way the stated Goals of the Council. The Center recommends this option as it fully integrates the work already accomplished by the City in setting Results, ensuring that programs and services are to be evaluated based on the Council's clearly stated priorities (meaning their goals, their principles AND their vision) and ensures that the City truly has a comprehensive list of Results which is critical for completing the rest of the process so that the City achieves the full benefit of Priority Based Budgeting. Upon developing a RoalltY Of Life Program. 'ties Community C-u ~ ErtereyetF~<lency/eaVrronrt a warn 3an7[aryf5torm Water Groundwater Mitigation/Maintenance/ExAansiort Integrated Solid Waste Management PubUc Safety-AOSture Code compliance mission/adequacy luftastructure Growth/Strategic & Snrtainable (community) Build out& Expansion Affordable Housirtgfmpact costs tong range focus planning ..'ate Fair remurm needs,' - t GP Fa,idi,ig-Adr. ~. recommendation for the City's Results, the Center would discuss and revise these as necessary for the ultimate approval of the City's executive team. And finally, during the kick-off presentation to the City Council, the Center would describe how Council's "2010-2015 Strategic Plan" was used to develop the Results that will be used in the program scoring process. Note: The figure shown above is a simple graphic that depicts how the Center worked with the City of Grand Island, Nebraska, which had a similar issue. The City Council had identified Goals, Principles, Strategic Initiatives, and projects in their Strategic Plan, and the Center proposed back to the City the list of "Results" that were evident in their work. Council and staff evaluated these recommended Results and accepted them as the basis for the evaluating programs and developing priorities.] 2. The City should work with the Center to identify a "Governance" Result, and score the internal Governance programs relative to that Result Through its research and work with other local governments the Center has found it imperative in getting the best outcomes from a Priority Based Budgeting process that an organization distinguish between "Community- oriented Programs" (i.e. programs that directly serve citizens) and "Governance Programs" (i.e. programs that 9 are more internal in nature and generally support the administration, elected officials and departments within the organization). In order to understand the relevance of Governance programs, we need to evaluate them against different results than Community-oriented programs, because Governance programs exist within the organization for fundamentally different reasons than Community-oriented programs. Even though the scoring criteria is different for Governance and Community-oriented programs, we can ultimately choose aCity-wide perspective of all programs in the eventual program prioritization array. As we studied other outcomes-based budgeting approaches, we observed that other processes attempted to evaluate every program in a government organization based on the same set of results. In the vast majority of cases, these internal support functions (i. e. Governance programs) ended up scoring towards the bottom of the program priority list. In exploring this a bit further, we found that Governance programs could often make a very good case that they indirectly supported other city programs that helped achieve the organization's Results, but that the majority of those Governance programs really didn't directly influence the Results. What was even more difficult was that these Governance programs indirectly supported both programs that had a high degree of influence on the city's Results, as well as programs that had no influence on the Results. To illustrate, consider a Governance program like Payroll Processing. The case could be made that because issuing payroll indirectly supports a program like Traffic Patrol in the Police Department, a program that has a high degree of influence on achieving a Result like Safe Community, that Payroll Processing as a program has a high degree of influence on achieving a Safe Community. However, Payroll Processing also indirectly supports other programs in Parks and Recreation such as Landscape Maintenance and the Community Softball Leagues - neither of which have any influence on achieving the Safe Community Result. So does Payroll Processing help the City achieve a Safe Community, or does it have little effect on achieving this Result? However, it's clear that Governance functions like Finance, Human Resources, Information Technology, Purchasing, Legal, etc. are essential to running a quality organization. We realized that the City truly doesn't initiate Governance programs for the purpose of achieving these Community-oriented results (ex. if crime rates were going up in the City, it wouldn't hire more Payroll clerks or FLSA compliance officers to help make the City safer). Instead, the relevance of Governance programs is defined by another set of results such as "Ensuring regulatory compliance;" "Providing accurate data and analysis to support decision-makers;" "Managing and protecting the City's resources (human, fiscal and physical);" and "Providing a quality workforce" as illustrative examples. Evaluating Governance programs by their influence on these types of results allows us to develop a prioritized array (a top-to-bottom listing) of those programs from most relevant to least relevant, similar to the prioritized array produced from the evaluation of the Community-oriented programs against the Results they are supposed to achieve. Recommendation: The Center will work with the City to identify and define a Governance Result as part of the Result Setting exercise described in Step 2 of the process. 10 This graphic represents aResult-Mop for the Governance Result for the Town of Christiansburg, Virginia. The City of Delray Beach would also have a "Governance" result map which establishes the results that the City's Governance programs will be evaluated against. IlY TTRitiiC'7'a~ ~7TPV/1T"~"S tar~r7p! L]'Et^'FLIC7A~SdL Nf~a"rHf-q"~PVJ4VdNTY wC:Md2dC~~?I~C~. L'J'~"'CY~L'T~iC~ TCN ~"IU~L ~C' ~dR Nr"~C~ -.; F>P~U 4~/CD E5 ,:155 tlRA N~L"L~ C:lE RUL.ATORY~7nd PC7L~fiC"Y ~C~'1NrP!''LIANCE TO n~7/Nmr~7LZ~' L mv.r~rd dL71TlGATf h'!Sn" s ti ~C1C7~F GC)'V~RNAh1CE. (,d]LlIti~CI F~A'y~n~jal Entit)~i s i l~RL9TECT5 ane~ P'F7't,.lC7~`aMTL'Y dM1/IA7vAGE5 fT$ FfN.4dU~'J'e4L,, (-IlJMi71N. VPN1`°~~~' grrt(97 '+°E~7•lNC~t~7GY 7RL~5~'t!!R`9CL~S 5G'r+,P~FaR 75 LN1E'C°lSPt~tW- 1'1PEfNra w!'Tdral TLMfLY~artNa~ Ai G"GL7fa'J7V T~ S~d''4~R T- TE7zd1+7 trrr dCW~7wt~°r'-J~A171L~f AN,4LY515 d~F5Pi7N57VE, RCCESSlBLf and ~CC?L!7?7EOLJS 7[7175 CU5TC1147ERS ENABLES crud fN7iANCE$ TJdAAJ5 FA7dFM~C'Y, ACCC]UNrABrL(TY, rrv7sa7zrrr. E,FF1efENCY and (NN4VAT14N 7N A7~L pPEl7AT74NS Specifically, to help the City of Delray Beach DETERMINE RESULTS, the Centerwill offer the following services: ^ Leverage the strategic planning efforts already completed by the City as it works to articulate its stated results for the purposes of program prioritization. ^ Develop a list of recommended Results from the "2010-2015 Strategic Plon" to confirm that the City's current results are complete, and engage in dialogue to address any results that may not have been identified. ^ Work with the City to finalize a comprehensive list of Results to be used in the Priority Based Budgeting process. °~ ~~ 11 In our review of the "2010-2015 Strategic Plon," it is also clear that the City has ahead-start on the concept of developing "Result Definitions" -articulating in terms unique to the organization how specifically the identified Results can be accomplished. To ensure a common understanding of what the Result "means" and to eliminate a degree of subjectivity in interpretation, it's vitally important that the City defines each Result as completely and comprehensively as possible. This step ensures that the organization can demonstrate all of the ways in which a particular Result can be accomplished. This is especially critical when program scoring (Step 4) begins -without clear and comprehensive Result Definitions it will be difficult for departments to objectively and consistently make key linkages between programs and their ability to help influence the City's Results. The approach that the City has already begun to define their Results is consistent with the Center's approach to creating Result Definitions. Much, if not all of the work that the City has done in the Strategic Plan can be leveraged and included in the process of developing Result Definitions. Prior to the initial kick-off presentation with the City Council, the Center will conduct a validation exercise to ensure that Results are properly identified and defined. The Center will provide its "$500 Exercise" template that each Council member can complete on their own, and submit back to the Center for data compilation. The exercise allows each individual Council member to allocate a fictitious sum of $500 to the Result Definitions, allocating a larger portion of the $500 to those definitions that they feel are most relevant and important to the City, and allocating less to those definitions that are of lesser value. They may also chose to allocate $0 to any of the Result Definitions that they believe are no longer relevant as well as have the opportunity to write in "new" Result Definitions and allocate dollars to those additional areas where they believe a major concept is missing. At the initial workshop, the Center will present to Council the results of the"$500 Exercise" and facilitate discussion based on the Council's responses. That discussion will focus on the following questions: • are the City's existing Results still the right Results to use for the process, • are there "new" Results that weren't identified in the first year that need to be included in program scoring, • are there any Results that are no longer valid and shouldn't be included in program scoring, • and for the Results that are validated, are there new elements to the Result definitions that should be included This exercise will also be used in the program scoring process to "weight" the various City Results against which programs are being evaluated. Based on how the $500 is allocated, there may be Results that receive in the aggregate more of the allocated "dollars," indicating that these Results are viewed as being of a higher importance. This weighting element will allow programs that highly influence Results that are deemed to be of a higher priority to be elevated in the scoring process. Based on the facilitated discussion with the Council and City staff, the Center will prepare a recommendation as to how the City's Result Definitions may need refinement or updating to be current for the program scoring process. The "$500 Exercise" that Council completes can also be given to staff, if the City desires to have their input on updating the Result Definitions. If Staff's input in the Result Definitions is not being desired, they could still complete the "500 Exercise" in order to provide additional input in the "weighting" of results. It is our recommendation that staff participate fully in this exercise to increase their "buy-in" into the scoring process as well as the chance to appropriately have input in defining the Results of the City. 12 Specifically to help the City of Delray Beach CLARIFY RESULT DEFINITIONS the Center will offer the following services: ^ Lead the organization through a Results Definition "validation" exercise, using its "$500 Exercise" process to determine if the recommended Result Definitions are an accurate reflection of the strategic planning work already undertaken and to allow for additional Result Definitions to be created if appropriate. ^ Develop appropriate Result Definitions for the newly established "Governance" result against which the City's internally focused programs will be evaluated. ^ Develop "Result Maps"for each of the determined results for approval by elected officials and/or City staff, leveraging any work already completed to articulate the associated definitions ("sub-results") for each of the stated results. ^ Coach staff on how to facilitate an exercise with citizens or other identified external stakeholders to "weight" the relative importance of the City stated Results, which establishes the result weighting factors utilized in the calculation of program scores. This is another effective exercise proven to engage community stakeholders in the process of validating the City's Result Definitions. The graphic that follows illustrates a "Result Map" from the City of Boulder, Colorado that clearly defines their Result of achieving a "Safe Community." ~a ~ ~ x n~craarras aaa rncNfrsr"w^e Ct7uxrrrrl'eYrrPty YhafPls.. acce~pling,. cranta~ecd~d glad' prvaraottax slaart~i•F .r ~e~s~a ~a.n ~ i tai l r't y J~t~~~ldt~~~ saaf~v prod ~x- taaa~tratatta~.~rd putro~!!c !n'f~a~tr~rcerrr+s / '~ wuw~'~i~~'.+CiC9"hl~7Uf'lil~rjf u. dFpsk~^J 3 ctirr~adt~ rl~iFsafcry fix irmucJ<~viduu/s In h~rnes, bt#S,ine SSes, neigh boyhood. anal puR~!!c f~faces 1P'M'~Mtaarat~'~ ~aa'~V#rO nrrte nldt safdCy agar! ~cortanaulrity 1'aea-.Ih p°lan5 Iur and yrovldes tiavely and effective response to emergencies and natural cJ#saster_s Cnfbrc es the taws, takrnq rr~fu ~c~~uunf 11re neeciti of rndi Widuafs and community values 13 ~W ., ..~,.. R „ ..~.~ ~,.. In reviewing of the City's current program inventory, it appears that the City has done an outstanding job of identifying discrete programs within the departments. The programs appear to be not too big (as in, the size of an entire department), nor are they too smolt (as in, a task or activity) -they seem to be for the most part "just right." As part of its work, the Center will conduct a more comprehensive review of the City's entire program inventory listing and offer additional comments and guidance with respect to specific programs. This will allow the City to benefit from the data collected from all of the organization's that have worked with the Center to develop program inventories to gain the assurance that the City has a complete listing of its activities a level discrete enough to give the City the full benefit of the prioritization process. The City will be provided an illustrative listing of program examples gathered from other organizations for its review and use in refinement of its program inventory. The Center will also evaluate the program inventory listing to ensure that it reflects only programs and services of an ongoing nature as opposed to one-time initiatives or capital-related projects. In terms of the City's "Governance" programs, it does appear that some additional review and refinement might be worthwhile. Comparing its own "Governance" functions with those of other organizations might be helpful in order to ensure that each there is a truly comprehensive listing of these types of programs. The Center will offer suggestions and guidance especially in this area so that a fair and complete prioritization of these internally focused programs yields all the benefits that the Priority Based Budgeting process can offer. Specifically to help the City of Delray Beach IDENTIFY ONGOING PROGRAMS and SERVICES, the Center will offer the following services: ^ Review the City's listing of programs and provide feedback for refinement and revision ^ Offer quality control in support of the City's overall efforts in developing program inventories ^ Provide guidance and coaching to the City on techniques and methodologies used in calculating program costs (including direct and indirect costs) and identifying the number of staff associated with each program offered (if desired) ^ Assist in analyzing and utilizing appropriate tools to efficiently and effectively identify program costs ~~~ F~ 14 The City's initial efforts in developing program scorecards and going through a program scoring process appear to be very similar to the scoring process the Center proposes to utilize. Again, the City will benefit from that fact that staff has already used this type of process and will be familiar with the mechanics of program scoring. There are two main areas that the Center will work to build upon and enhance to move the City forward by: • Providing additional structure around the scoring criteria for both Basic Program Attributes (defined as additional program characteristics that influence the priority of a program, beyond the program's ability to influence results) as well as the Results to strengthen the process and guide the departments in assigning more accurate scores (i. e. helping clarify the difference between a score of "4" versus a score of "3" or a lesser score). • Facilitating a Peer Review process to provide a measure of quality control, increase organizational buy-in into the scoring process and ensure accuracy by appropriately revising scores (either up or down) based on the qualitative and quantitative evidence of how programs influence Results. As we mentioned, our experience demonstrates time and time again that the Peer Review process is one of the most critical steps in achieving a successful outcome for this work. In program scoring, it is essential to give departments the opportunity to first score their own programs, relative to the City's Results and demonstrate why they believe their programs are influential in achieving those Results. This gives departments the chance to provide their own unique intelligence on their own programs which no one else but the program providers would have known. Again, not only does this help solidify organizational buy-in but at the same time provides a more thorough and complete understanding about everything the organization does and how those programs help achieve the identified Results (i.e. "why" we offer the program). The Peer Review process then provides for an authentication process to validate the department's belief that their programs indeed are relevant to the City's Results. Several organizations have commented that, unlike other more conventional approaches to performance measures, Peer Review provides a forum for a better discussion leading to a clearer understanding of how programs truly influence Results. Furthermore, as was the case in the City of Boulder, Colorado, departments gain an organization-wide perspective about programs being offered across the City, which has led to the uncovering of program redundancies. This has led to cross- departmental collaboration, as departments find out that they provide similar programs to other departments. This process has also contributed to changes in organizational culture as departments are tasked with the duty of objectively analyzing programs that aren't their own (i.e. a 'jury of their peers"). The effect of Peer Review has been remarkable, not only for the purposes of Priority Based Budgeting, but for bringing an organization together to look at the programs they offer in the context of how they collectively achieve the Results that citizens find meaningful. In a sense, Peer Review begins to break down the old departmental "silos" and lets staff see the world from a more global perspective. Ultimately, it is through this step that more accurate program scores emerge, that a better understanding of programs is developed, and an assurance that the outcome of the entire process is objective and valid. 15 Specifically to help the City of Delray Beach VALUE ONGOING PROGRAMS BASED ON RESULTS, the Center will offer the following services: • Facilitate a discussion to identify "Bosic Progrom Attributes" with executive staff to determine what characteristics make a program in the community a high priority. • Develop and create "Program Scorecards" that facilitate the City effort to score programs based on the program's influence on Results, and based on the Basic Program Attributes. • Develop and support the Peer Review process to engage the City's internal stakeholders (and potentially external stakeholders) in evaluating program scores, interviewing program managers to hear evidence to justify program scores, and then recommending program score adjustments where appropriate value programs based on the organization's stated results (as defined by the Results Maps). • Calculate and apply the "weighting factor" to each Result as determined by the responses from the "$100 Exercise" and/or the $500 Exercise." • Calculate final program scores and develop the quartile rankings for all the City's programs and services based on their relative score. Once programs have been scored against the Results and a relative value determined, the entire list of the City's offered services can be arranged in order of "highest priority" (those programs most relevant in achieving the City's stated Results) to "lowest priority" (those programs that are less relevant in achieving those Results). The programs are then grouped into four "Quartiles" based on the similarity of the scoring ranges, with Quartile 1 representing those programs of the highest priority and Quartile 4 including those programs of the lowest priority. Individual program costs are then associated with each program in order to develop a final "Spending Array by Quartile." The Center takes this information and develops a customized Resource Allocation Tool that can be utilized by the organization in 1) assessing its spending profile in terms of aligning resources with identified priorities; 2) developing "target budgets" for departments based on their individual prioritized spending profile and 3) analyzing programs using the Resource Allocation Tool's unique filtering capabilities. 16 The screen capture above demonstrates the front panel of the Resource Allocation Tool for the City of Mission Viejo, California. With the Resource Allocation Tool, the City will have a "unique window" to see their programs not only in terms of their relevance to Results, but also in light of mandates, fee structures, citizens' reliance and community partnerships. This unique "lens" allows staff to efficiently analyze programs and gain insights into areas such as: ^ Direct VS. indirect costs for services ^ Programs supported by specific user fees VS. those funded through general government revenues (taxes) ^ Stringently mandated services VS programs without any legislative requirement ^ Programs that the community depends exclusively upon the City to provide VS programs offered by other entities in the community (private, non-profit, etc) ^ Programs that highly achieve one or more of the City's stated results VS those programs that do not help to achieve any of those results. In addition, the Resource Allocation Tool provides staff with a way to engage in more powerful and meaningful discussions that address questions such as: ^ What services are truly mandated to be provided by the City, and how much does it cost to fulfill those mandates? ^ What programs are most appropriate to consider a discussion about establishing or increasing user fees? ^ What programs are most appropriate for discussions about partnerships with other service providers in the community? ^ What services might the City consider "getting out of" the business of providing altogether? ^ Where are there apparent duplications in services offered across the organization that might lead to a meaningful efficiency discussion? ^ How can succession planning be incorporated to focus on training staff providing lower priority programs to fill the positions left vacant in higher priority programs? The appendix of this document includes a graphic depiction of the Resource Allocation Tool to help illustrate how the results of the City's Priority Based Budgeting work can be used to derive departmental resource allocation targets. 17 Specifically to help the City of Delray Beach ALLOCATE RESOURCES BASED ON PRIORITIES, the Center will offer the following services: • Provide recommendations on ways to integrate the outcomes of the Priority Based Budgeting process into discussions regarding resource allocation strategies for the upcoming budget cycle. • Facilitate resource allocation discussions related to ongoing revenues to guide priority-driven budget decisions and ensuring that resource allocation starts with available revenues, as separated into ongoing and one-time sources. • Develop a customized, interactive ResourceAllocotion Tool that will guide all resource allocation calculations based on the prioritization of programs and the amount of revenue available (allowing allocations to be summarized by Fund, by Departments, etc. ). • Provide user training on the full functionality of the Resource Allocation Tool. • Prepare a high level interpretative analysis of the data available in the Resource Allocation Tool and identify opportunity areas for discussion related to programs and their continued relevance to the organization. In our work, we've seen the Fiscal Health Diagnostic Tool profoundly change the conversation in local government organizations. Elected officials have adopted the Tool as their preferred means of communicating with staff regarding any decision before them that could have a fiscal impact -asking staff to "show us" the potential impacts using the "Red Line /Blue Line." Organizations have entered into labor negotiations with their bargaining units, using the Tool as a way to quickly agree on the assumptions behind the City's fiscal forecasts, therefore establishing a basis of trust in the discussion -then modeling the bargaining units' requests to demonstrate impacts to the City's fiscal position. In one instance, utilizing the Tool to communicate to City administration and elected officials literally saved a City Finance Director's job, as he was better able to effectively communicate to them why the capital projects they were considering would impact the City's "Fiscal Health" adversely. Most recently, the power of the Tool has helped a water and sewer district sequence the implementation of capital projects, understand the ongoing impacts of those projects, and effectively develop rate increases by better understanding their ongoing and one-time sources and uses of funding in their operation -something we believe would be of interest to the City of Delray Beach in preparing forecasts for your Utilities Fund. From these experiences, and from our conversations with you and your team, the Center strongly believes that this Tool has the needed capabilities to put decisions into a better perspective for your elected officials, to tell the story of your organization's financial condition using a picture, and finally to help manage your Fiscal Health as you look towards the future. Your team recognized the "dashboard" qualities of the Tool, in that it provides for an immediate and interactive depiction of various scenarios and decisions that face the City and provides improved clarity in the simple and "unified picture" that everyone can see. 18 Most importantly, the Fiscal Health Diagnostic Tool works in tandem with the Priority Based Budgeting process and the Resource Allocation Tool. The City will be able to determine their fiscal position, the size of any budget short-falls (or, potentially in years to come, their surplus), and the implications of their long-term decisions by virtue of the analysis capabilities of the Fiscal Health Diagnostic Tool. Then in order to spend within their means, to achieve ongoing and one-time alignment and address their fiscal position, the City will have the Resource Allocation Tool from the Priority Based Budgeting process to actually make the changes in spending necessary to balance the budget in a way that is in line with the community's most valued results. Based on our discussions, the City has requested the Center's assistance in developing the Fiscal Health Diagnostic Tool primarily for the General Fund and the City's six (6) Enterprise Funds including: • City Marina Fund • Sanitation Fund • Water and Sewer Fund • Municipal Golf Course Fund • Lakeview Golf Course Fund • Stormwater Utility Fund The following steps will be completed in parallel to the implementation of the City's Priority Based Budgeting process: Initial Data Collection Depending on the amount of financial history that the City wants to incorporate and how easily the most accurate and complete financial records can be produced, the Center will assist the City in accumulating the data required to sufficiently populate the model. Most of the current and prior year financial data needed should be readily accessible from the City's automated financial system. In addition there may be other financial information and data that will have to be manually gathered. An example of data that may not reside in the City's financial system, but is relevant to the construction of the model might be a copy of the City's reserve policies in the General Fund (as well as the other accounting funds being modeled), or a minimum reserve threshold in the utility funds. The Center will develop this data request and refine it as necessary, based on where the date is (or isn't) available, to meet the City's needs. With regard to the data that is pertinent to future financial forecasts, the Center will work with the City to determine what (if any) data exists already that could aid in the development of future scenario plans (see "Financial Forecasting Workshop). Onpoinp versus One-time Analysis The Center will work with the City to engage in an analysis of the City's revenues and expenses, in order to differentiate between "ongoing" and "one-time" sources and uses. Throughout this analysis, the Center will confer with the City to appropriately classify the sources and uses as "ongoing" or "one-time" in nature, and in some instances may propose that a portion of a particular source or use be split between a classification of "ongoing" and "one-time" - where a portion of the source or use is determined to be reliable or predictable, and another portion is more volatile or speculative. • Revenue Analysis: For each of the funds, the total sources of revenue to the City will be differentiated between "ongoing" sources -those that are reliable or predictable sources of income 19 -and "one-time" sources -those that can only be "spent" once. Examples of "ongoing" revenue streams include the "reliable" component of sales tax revenues, franchise fees, utility rates and charges based on system demand, and perhaps a conservative estimate for interest income revenues associated with reserved fund balances. Examples of "one-time" sources include fund balance (reserved or unreserved), grants that are one-time in nature or have a certain "expiration" date, fees for a specific projects or initiative, and potentially volatile interest income. • Expenditure Analysis: For each of the nine (9) funds, total expenditures will also be differentiated between "ongoing" costs -those expenses for costs related to the ongoing operations of the City - andthose uses that are more "one-time in nature. Examples of "ongoing" costs include personnel (salary and benefits), supplies, energy, regular maintenance and other daily expenditures association with the day-to-day "running" of the City. Examples of those expenditures that are more "one-time" in nature include capital project expenditures, other projects or initiatives undertaken once or on a less than annual basis, emergency /contingency initiatives, or other non- recurring expenses. Initial Fiscal Health Diaanostic Tool Development The culmination of the analysis of "ongoing" and "one-time" sources and uses, combined with the additional data collected that relates to the City's financial policies (for instance, the City's reserved fund balance policies) will provide the Center with the requisite information to build the City's customized Fiscal Health Diagnostic Tool for each of the funds. The initial Tool development will depict a perspective of the City's current Fiscal Health, complete with the historical data for prior years. The final step of the process (see "Financial Forecasting Workshop") will generate the information required to allow the City to develop future planning assumptions sufficient to support the use of the Tool as a "scenario-planning" dashboard. Financial Forecastina Workshop The maximum value of the Fiscal Health Diagnostic Tool is the ability to visually display a variety of historical, projected and "what-if' data, in an analytical format - a "dashboard" approach. This will provide a way for the City to assess and explore future scenarios and initiatives in an interactive and "real-time" environment. The Center will work with the City to review future assumptions to be built into the model, as well as potential decisions that the City wishes to model and then evaluate the impacts of those decisions. As an example, the Center will facilitate a discussion with the City to determine an appropriate assumption (or range of assumptions) for future sales tax growth (or decline) and demonstrate how this assumption impacts the model. The Center will demonstrate the "sensitivity" of the model with respect to these assumptions, and recommend to the City where certain assumptions (like the growth or decline of sales tax revenues) should be considered a readily changeable variable, whereas other assumptions (for instance, a very small and less consequential revenue source such as donations made to the City) are less impactful and therefore won't be included in the model's dashboard. The Center will also work with the City to develop an inventory of known future decisions, both of an "ongoing" and "one-time" nature that may impact the City's future "picture of Fiscal Health." Clearly, a list of what is included in the City's Capital Improvements Plan (CIP) relative to the accounting funds being modeled is an example of the types of future "decisions" that could be accepted, denied, or sequenced over various time periods, with each scenario producing a different outcome for the City's future Fiscal Health. 20 Final Refinement of the Fiscal Health Diagnostic Tool With each of the assumptions developed, the Center will complete the City's Fiscal Health Diagnostic Tool for each of the funds and train the appropriate staff as to how the models can be easily updated. A graphic example of the Fiscal Health Diagnostic Tool for the City of Tualatin, Oregon's General Fund is depicted below to illustrate what the final Tool for the City of Delray Beach will resemble. .. , - ; ,~. «t -~ t. ® _ Set Aside Reserves Meets 2011 ($2,000,ODUI Increase Property Tases R $0 2012 2015 $0 2011 Fund "True Cost of Business" Meets $0 Increase Sales Tases R $0 2012 2015 $0 2011 Achieue "Ongoing" Alignment Does Not Meet 2011 ($157,;72) Clackamas County Library R $0 2012 2015 $0 2011 Achieve "One-time" Alignment Does Not Meet 2611 ($2,U00,000j New Revenue R $0 2011 2015 Allocate Fund Balance to Ongoing N 2011 2015 f,, x . ~ ` ~ ~ - ~ ~O~ne-time 3our~^PS Glne-4 me Expenses T ~ Reserves Ongam~g Revenues ....{ - ;-.~:: ervses e'=. :CiC I .... .... .... . ... .... .... .... "id,CI~IDi,Cl~7~i ,,.... ', ~-u __- ' . i~ ~. , .. .. ... _- .r--.aU $T"e.DJ3.G02 ... __ .... ~ Ci:'~7i. :'~> .._ ____ :'~_-kn9 CiC~53-C>l~ .>'li}pi79'1 .111 _ _ - _.>l~ ,'.>'_ --)'16, C>16 i ~, -... -. .~~i,?B .X+0:.73 :Xe-.. - _. 'I . :7'1'.-.. .xla~^.7'14 :714 .i}'15 a.,. ~~ ~ ~~ Ongoing L?•, -.~~cialed MilF Ttnsportalion lJpgtade ~ 2011 $ 200,000 n. .~~ Transp~urta!ion-Update TrarF rttion'ys!"R' , 2011 . S 2A00,000 Ongoing Costs Associated with Juanita Pool Maintenan N 2011 $ - Comm Svcs -Juanita Pohl Center Addition and R enovation N 2011 S - Cut All Travel, Conferences, Training N 2011 $ - Comm Sacs -Juanita Pohl Center Addition and R enovation N 2011 = - N 2011 $ - Comm Svc; - Public An; Plan N 2013 S In addition to the development of the Fiscal Health Diagnostic Too, the Center will utilize its "12-Point Diagnostic Questionnaire" in order to assess the overall Fiscal Health of City of Delray Beach. For this step the Center will: • Perform an off-site, high-level review of readily available financial data, records, budget documents and/or annual financial reports (CAFR) • Facilitate the completion of the Center's "12-Point Diagnostic Questionnaire" which addresses the five points of good Fiscal Health o "Spend within your means" o Establish and maintain reserves o Understand variances o Be transparent about the true cost of doing business o Incorporate economic analysis and long-term planning into decision-making • Provide key observations based on the high-level "check-up" performed, including: o Highlighting and validating practices that demonstrate good Fiscal Health o Identifying areas where improvements could help strengthen the City's overall fiscal condition o Recommend initiatives that could alleviate immediate short-term budget challenges o Identify opportunities for the City to consider that will lead to more long-term sustainability 21 The Center or Priorit Based Bud etin PROPOSED BUDGET Given the amount of work that the City of Delray Beach has already accomplished that can be leveraged directly for the implementation of this process, the total proposed budget for this project is $30,000, exclusive of travel- related expenses (at least two on-site visits, and possibly a third, are anticipated but additional visits can be arranged at the discretion of the City). Travel expenses, billed at cost, will include all reasonable and necessary charges related to airfare, lodging, ground transportation (including rental car fees, shuttles, taxis and airport parking) and meal per diem expenses (based on a per person rate of $60 per day). These travel-related reimbursable costs are estimated at approximately $1,000 to $1,500 per visit. The City may be asked to provide certain office supply items for use in onsite workshops such as paper, markers, white boards, and other needs as requested by the project team and agreed upon by the City. These items are estimated to cost no more than $300. The quotation of fees and compensation shall remain firm for a period of 120 days from this proposal submission. Travel costs will be billed separately on an occurrence basis. The Center agrees to work cooperatively with the City in order to reduce travel costs to the greatest extent possible while still meeting the requirements specified in this proposal. Ca ent an the Prapased Budget: The Center's mission of "Leading Communities to Fiscal Health and Wellness" is primarily achieved by equipping a community with both the "Fiscal Health Diagnostic Tool," and the "Resource Allocation Tool" upon their completion of Priority Based Budgeting. For communities who choose to develop both the tools while undertaking Priority Based Budgeting at the same time, we intentionally discount the price of developing the "Fiscal Health Diagnostic Tool" from what we would typically charge were it a stand- alone project. It is our always our recommendation that a community achieves both Fiscal Health and Fiscal Wellness, and so we try to offer an incentive to encourage this outcome. As discussed with City staff, the proposed budget for implementing Priority Based Budgeting is $25,000. The development of the "Fiscal Health Diagnostic Tool" for the funds described in this scope is quoted at $5,000 -whereas typically for a community the size of Delray Beach, and for the number of funds to be modeled, the pricing for the development of the model alone would be more in the range of $12,000 to $15,000. We believe this only further emphasizes the Center's dedication its mission, and provides the City with the greatest value by way of this incentive to achieve both Fiscal Health and Wellness. 22 The Center or Priorit Based Bud etin Who Are We? The Center for Priority Based Budgeting prides itself in providing creative solutions to local governments struggling to address their own fiscal realities. Our mission is to share our experience and technical knowledge of government financial operations and budget development with organizations that are seeking to achieve "Fiscal Health and Wellness"that is sustainable for the long-term. Above all, the Center strives to be viewed as a trusted advisor and a dependable, objective resource that assists local governments who are seeking service excellence, transparency to their stakeholders and a strong desire to achieve the results that are important to their community. In particular, our experience in dealing with finance-related issues combined with our backgrounds in performance measurement, achievement of efficiencies, and genuine community engagement, makes the Center for Priority Based Budgeting a truly unique and beneficial partner in dealing with fiscal issues and budgetary concerns, especially in these unprecedented and turbulent times. The Center for Priority Based Budgeting ("Center") was formed in 2010 by Jon Johnson and Chris Fabian to further the initiative of "Fiscal Health and Wellness," a methodology they developed while serving as local government practitioners for the largest county government in Colorado. The Center operates as an incubator project of the National Environmental Health Association ("NEHA"), anon-profit corporation located in Denver Colorado. The Center shares office space with NEHA, located at 720 S. Colorado Blvd., Suite 1000-N, Denver, Colorado, 80246, and functions as a division within that organization. Prior to the creation of the Center, Jon and Chris were independent local government advisors during 2009 after leaving their positions with Jefferson County, Colorado. During that time they were associated with the International City/County Management Association (ICMA) as consulting contractors as well as serving as trainers and speakers for the Government Finance Officers Association (GFOA) and the Alliance for Innovation. Before becoming local government advisors, Jon served local governments as a finance/budget practitioner for 28 years and Chris also served as both a local government budget professional and afinance/budget consultant to government organizations, specializing in costing analysis and outcomes-based budgeting initiatives. Please visit our website: www.pbbcenter.org 23 The Center or Priorit Based Bud etin Meet Our Team JON JOHNSON Jon is currently serving as Senior Manager with the Center for Priority Based Budgeting, a newly established non- profit Denver-based organization whose mission is to help local governments achieve "fiscal health and wellness" during these challenging economic times. Jon has more than 25 years of experience as a practitioner in financial administration for municipalities, counties, school districts and public universities. Throughout his career as a finance/budget director, he has been responsible for the management of all aspects of local government finance operations for both small and large organizations. Jon brings with him not only the "hands-o n" technical skills associated with the day-to-day financial operations of local governments, but also the ability to apply a diagnostic approach to the analysis needed to assess the fiscal health of an organization and the management experience to implement the resulting solutions from that diagnostic analysis. Most recently, Jon served as the Director of Budget and Management Analysis for Jefferson County, Colorado. Previous to that position, he was Assistant Director of Finance for Douglas County, Colorado. Prior to moving to Colorado in 2002, Jon served as the Director of Finance for several municipalities in Missouri, including the City of Blue Springs, the City of Joplin, and the City of Kansas City (MO) Aviation Department. He has also been associated with ICMA as a Senior Management Advisor and with GFOA as a regional trainer and workshop presenter. Jon holds a B.A. in political science and a B.S. in accounting from Missouri Southern State University, as well as a master's degree in College Administration from Pittsburg (KS) State University. CHRIS FABIAN Chris holds the position of Senior Manager for Research and Advisory Services with the Center for Priority Based Budgeting, an incubator project with the National Environmental Health Association (NEHA) located in Denver, CO. During his career, Chris has provided consulting and advisory services to numerous local governments across the country. His consulting experience has focused on public entities at all levels, advising top municipal managers, department heads and program directors from over 30 organizations concerning the fundamental business issues of local government. Of most significance, his work has centered on the budget process as a lever to produce results, accountability and change; performance and outcome-based management; purpose, productivity, and efficiency in operations; and rigorous financial analysis and strategy. Pursing the objectives of "Budgeting for Outcomes" (BFO), Chris was a partner of the consulting team that implemented BFO in Ft. Collins, Colorado, one of the leading organizations using this approach and is now assisting with their conversion to the priority based budgeting model he developed in partnership with Jon. Most recently Chris has served as a budget practitioner with Jefferson County, Colorado, where he incorporated the lessons learned from BFO into the development of the Priority Based Budgeting process. He holds a B.S. in engineering from the Colorado School of Mines. 24 Jon and Chris have been featured speakers at numerous national and regional conferences webinars, and workshops sponsored by the Government Finance Officers Association (GFOA), the International City/County Management Association (ICMA), the National Association of Counties (NACo) and the Alliance for Innovation. They have co-authored several articles describing their approach to "Fiscal Health and Wellness" for local governments including: • "Getting Your Priorities Straight"published by ICMA in the June 2008 issue of PM magazine • "Leading the WpY to Fiscal Health" published by Government Finance Officers Association (GFOA) in their December 2008 issue of the "Government Finance Review" • "It's All in the Questions: The Manager's Role in Achieving Fiscal Health" a two-part article appearing in the September and October 2009 issues of PM magazine • "Anatomy of p Priority Based Budget Process." co-authored with Shayne Kavanagh of GFOA, published in the May, 2010 issue of the "Government Finance Review" • "Anatomy of p Priority Based Budget Process." a white paper on "Priority Based Budgeting" as a best practice, published by GFOA in March 2011, co-authored with Shayne Kavanagh 25 The Center or Priorit Based Bud etin Who Has Embraced "Fiscal Health and Wellness':..... The Priority Based Budgeting process was first developed by Jon Johnson and Chris Fabian for Jefferson County, Colorado, where both of them served prior to April, 2009. After publishing an article in ICMA's professional journal "Public Monogement" ("PM"J magazine, Jon and Chris were contacted by several organizations seeking assistance in implementing their Fiscal Health and Wellness initiative. We are honored to be working with some of the most notable local governments in the country to implement and integrate our process and have learned so much because of the work we have accomplished together. Non-profit associations such as the Alliance for Innovation, the International City/County Management Association (ICMA) the Government Finance Officers Association (GFOA), the National Association of Counties (NACo) and most recently the Institute for Local Government (ILG) in California are among the most prominent organizations endorsing Priority Based Budgeting as a best practice -publishing case studies, journal articles and hosting seminars and conferences to promote the accomplishment of cities and counties implementing this work. Among those local governments that have worked with Jon and Chris to introduce Priorityeosed Budgeting to their organization are: - City of Boulder, Colorado - City of Fairfield, California - City of Fort Collins, Colorado -City of Mission Viejo, California - City of Lakeland, Florida - City of Monterey, California - Pasco County, Florida -City of San Jose, California - City of Grand Island, Nebraska -City of Seaside, California - City of Blue Ash, Ohio -City of Walnut Creek, California - City of Tualatin, Oregon (Fiscal Health Only) -City of Chesapeake, Virginia - City of Plano, Texas -City of Christiansburg, Virgnia Currently, the City of Plano, Texas and the Town of Christiansburg, Virginia are in the final stages of implementation of Priority Based Budgeting. Jon and Chris are currently in conversations with several other city and county organizations that are interested in implementing a Priority Based Budgeting model, which will be used to guide their budget development process for the upcoming fiscal year. In addition, Jon and Chris continue to be invited to speak about their process by ICMA, GFOA and the Alliance for Innovations at various conferences and workshops. They led two pre-conference workshops at ICMA's Annual Conference in San Jose, CA in October 2010 and participated in a national press conference discussing the fiscal crisis facing local governments at the present time. Along with Shayne Kavanagh from GFOA, they conducted atwo-day training session on "Achieving Financial Resiliency," featuring the principles of their Fiscal Health and Wellness initiative. During the first part of 2011, they will have presented several audio conferences on the topic of achieving Fiscal Health and Wellness for ICMA, the Alliance for Innovations and the Illinois/Wisconsin City/County Management Association, as well as being featured at the annual conferences of ICMA, CGFOA, and NEHA. The following examples of engagements with local government entities are meant to be illustrative of the types of advisory services offered by the Center. While we pride ourselves in tailoring the process to the needs of each organization, the work done with all of our organizations is of a similar nature. Based on the number of local governments that have introduced our process into their culture, we feel we have the technical and creative skill set to work with any entity that wishes to embrace the concepts of Priority Based Budgeting. 26 • City of Lakeland. Florida (December 2008 to June 2009) -For this engagement, Jon and Chris conducted several workshops for both management staff and Council; facilitated the process by which the Council, executive staff, department heads and community stakeholders identified organizational-wide goals and then defined them through the result mapping process. Throughout the process, Jon and Chris provided offsite coaching, guidance and technical assistance as well as providing assistance in the development of the templates needed for the process to unfold. For specific information about how the City of Lakeland implemented Priority Based Budgeting, please contact Mr. Stanley Hawthorne, Assistant City Manager, at 863-834-6006 or at Stanley.Hawthorne@lakelandeov.net. The city's mailing address is 228 S. Massachusetts Ave., Lakeland, FL 33801 • City of Walnut Creek. California (June 2009 to February 2010) -Similar to their work with the City of Lakeland, Jon and Chris were engaged to provide the Walnut Creek with an overall Fiscal Health assessment and then to implement their Priority Based Budgeting model for the City's FY 2010-2011 biennial budget development process. A workshop for department managers and a workshop for Council were provided as well as coaching workshops on developing program inventories and establishing basic attributes. Jon and Chris also facilitated aResult-setting workshop with the City Council and trained City staff in the techniques of facilitating a Result Definition workshop with citizens. Additionally, Jon and Chris provided templates, process development and advisory assistance in the program scoring process as well as the Peer Review process. They also provided assistance in estimated program costs that were used to develop the final Resource Allocation Tool that provided the City with their list of prioritized programs. For specific information about how the City of Walnut Creek implemented Priority Based Budgeting, please contact Ms. Lorie Tinfow, Assistant City Manager, at 925-943-5899 or Tinfow@walnut-creek.ore. The city's mailing address is 1666 N. Main Street, Walnut Creek, CA 94596. • City of Grand Island. Nebraska (May 2009 to present) -This is an ongoing engagement with the City of Grand Island to implement the concepts of Fiscal Health and Wellness. For the first year of implementation, Jon and Chris were engaged to assist the City with the identification and definition of its strategic results, conducting an orientation workshop for department directors and on for the City Council. The project called for the Center to develop and provide Result Maps for each of the identified strategic goals established by the Council and then to assist the City in preparing its program inventory listing. Upon completion of the first phase, the City moved on to the next phase of the work where Jon and Chris facilitated and coordinated the completion of the program scoring process, conducted a Peer Review process and finally developed the program prioritization arrays by score and by cost for utilization in the City's budget process. The Center is now working with the City to develop a "Fiscal Health Diagnostic" tool to depict its current and project financial picture. In addition, Jon and Chris are advising the City as to the steps required for the continued utilization of the Priority Based Budgeting process for the second budget cycle. For specific information about this engagement with the City of Grand Island, please contact Ms. Mary Lou Brown, City Administrator, at 308-385-5444, ext 169 or maryloub@~rand-island.com. The city's mailing address is 100 E. First St., Grand Island, NE 68802 • City of Monterey. California (June 2010 to April, 2011) -For this engagement, the City of Monterey Island chose atwo-year implementation process. For the first year, Jon and Chris were engaged to assist the City in reviewing their strategic results in the form of "value drivers" and then developing definitions of those value drivers and creating Result Maps, conducting an orientation workshop for department directors and one for Council. The project also called for the project team to coach the City as it developed program inventory listings. Upon completion of this first phase, the City moved on to the next phase where Jon and Chris assisted the City in the completion of the scoring of programs, conducting a Peer Review process, assisted and facilitated a robust Citizen Engagement process and finally developing the program prioritization arrays by score and by cost for utilization in the City's upcoming budget process. For specific information about the engagement with the City of Monterey, please contact Mr. Don Rhoads, Director of 27 Finance, at 831-646-3940 or rhoads@ci.monterey.ca.us or Mr. Mike McCann, Assistant Director of Finance at 831- 646-3947 or McCann@ci.monterey.ca.us. The city's mailing address is 735 Pacific Street, Suite A, Monterey, CA 93940. Additionally, the following individuals may also be contacted for more information about the implementation of the Priorityeosed Budgeting model in their communities: • City of Fort Collins. Colorado - Mr. Mike Freeman, Chief Financial Officer at 970-481-1866 or mfreeman@fceov.com • City of Blue Ash. Ohio - Mr. David Waltz, City Manager at 513-745-8538 or DWaltz@BlueAsh.com, or Ms. Kelly Osler, Assistant City Manager at 513-745-8503 or kosler@blueash.com • City of Boulder. Colorado - Mr. Bob Eichem, Finance Director at 303-441-1819 or Eichemb@bouldercolorado.~ov • City of San Jose. California - Ms. Kim Walesh, Chief Strategist at 408-535-8177 or Kim.Walesh@sanjoseca.~ov • City of Fairfield. California - Mr. David White, Assistant City Manager at 707-428-7398 or dwhite@fairfield.ca.eov • Town of Christiansbure. Virginia - Mr. Barry Helms, Interim Town Manager at 540-382-6128 or bhelms@christiansbur~.or~ or Ms. Valerie Tweedie, Town Treasurer at 540-382-9519 or vtweedie@christiansbur~.or~ 28 The Center or Priorit Based Bud etin ... and What are they Saving About It!! "Councilmen Larry Carney and Scott Dugan praised Pederson and Brown for the prioritization process. They called it a logical and understandable method of making some difficult decisions to come." - r n Isl n( r sk) In n n s r Usine ROI for Citv Budgetine: Business Plannine Meets Government Spendine -the city of Boulder is going about this full spectrum analysis of the highest ROI where "return on investment" is the return of City programs on the results our citizens expect in the community. - ®® ul r T rr ®®® 1 r usin ss ss i tin n ri riy s u tin r ss Budget process requires clear priorities, vision - By examining each of the 365 programs that are directed out of City Hall, the administration, mayor and city council are looking under every rock for ways to save taxpayer dollars and keep core services intact. It is a responsible and rational woy to control expense growth on programs that may be well intended, but do not significantly support the community in the four core areas. - r n Isl n( r slc ) In n n s er "I read with both pleasure and envy the recent article on the city's (Grand Island) new Program Prioritization process. Pleasure because a discerning approach like this is the type of focused decision making model that successful businesses use. I am glad to see its use in our city's governance. I am envious because it is the type of approach the Unicameral is moving toward with our recently initiated planning committee process. In this instance, the city of Grand Island is well ahead of the state of Nebraska." - r slc S S n r ilc I r nth ri riy s u tin r ss Walnut Creek, California, which must close a $20m (€14m, £12.5m) deficit for the 2010 financial year, is polling citizens on what services they value most, so it can make targeted cuts. Lorie Tinfow, assistant city manager, also expects the expansion of volunteer programmes such as checking on the elderly at home. "We are rethinking what services the city provides, what we are paying for them and what we are expecting as American taxpayers to get for that dollar," Ms Tinfow said. - Fin ni 1 Ti s, u tin ri In , iy Inu r Ic, li rni The City of Monterey is launching a public review of its budget priorities this fall and your participation is vital to the success of the Priority-based Budgeting project. In good times, the City allocated its resources to a wide range of programs and services. Now, the City needs to adjust to "the new normal" of reduced revenues. In Monterey, revenue from hotel, sales and property taxes have fallen to levels not seen in years. Significant recovery is unlikely for the next several years. So, the City needs to tighten its belt just like other municipalities, businesses and citizens have done. - r ss 1 s - iy n r y, li rni "The process is called Priority-based Budgeting and it recasts the budget into programs instead of line items." - m y uny ( li rni J r l s er 29 The city of Boulder is looking to change the way it manages its annual budget. Under the new model, the programs that best help the city achieve the community's goals of having a safe, economically sustainable and socially vibrant place to live will receive top priority for funding. Those programs that are duplicated, waste money or don't meet the community's goals could be cut. - ul r( I r J 11Y r s r "Although Boulder is in a better financial condition than many of its peer cities, the economic outlook continues to be uncertain," said City Manager Jane Brautigam. "In response, we're taking a prudent and strategic approach to the 2011 recommended budget by focusing on achieving greater efficiencies in how services are delivered to the Boulder community. In many cases we have been able to reallocate staff and funding to those areas most likely to achieve community goals, and are reducing duplication of services to hold the line on spending at 2010 levels." - ul r( I r J Ily r s r The new list divides the city's 443 programs into four categories, ranking them from highest to lowest priority, based on whether they help meet the community's general goals of cultivating a safe, economically sustainable and socially thriving community. ul r( I r J Ily r s r With budgets getting tighter across the country, more cities are turning to Prioritization. "I just feel like we need to begin to put proactive steps in place so we can prepare the organization for what is ahead," said William Harrell, City Manager. "Sure, we can just start eliminating things. But then is that what the citizens are saying? Is that what council is saying to us? This is a more disciplined and analytical approach." - ( s Ic J Ir lnl 11 s r "It sounds intuitive but what we found was there was no real methodology to connect all of the things that government does" to what policymakers want to see for their cities." - ( s Ic J Ir lnl 11 s r Recent information from Moody's (the nation's largest bond rating agency) confirms that prioritization processes such as what Blue Ash is going through demonstrate a strategic approach to managing the current fiscal environment. So where do we go from here? The local government advisors developed a unique tool that Blue Ash can utilize for years to come as a part of the city's annual budgetary planning process. This tool will be valuable in assisting the council and administration in determining what services and programs contribute directly to the city's overall objectives, including the evaluation of any future new programs or services being considered. r ss 1 s Iy lu s® l Even cities with a relatively well-off population are facing difficult choices due to falling revenues. In the eastern San Francisco bay area city of Walnut Creek, as in many other cities around the state, local officials faced the unpleasant task of cutting programs in 2009 due to budget shortfalls, and the more unpleasant task of explaining this to the public. Building on an ongoing tradition of collaboration with residents and community building programs, city staff and officials worked with consultants and adopted amulti-stage public engagement Fiscal Health and Wellness prioritization process to educate and gather informed input from hundreds of residents. - Inslu r l v rn n n rl rly s u In r ss 30 "PBB is attractive to the City because it relies on community input and the work of employees to be successful. In contrast to past years, decisions on potential funding reductions are expected to occur at the program level rather than at the level of individual budget line items that run across multiple programs. The results of this process are anticipated to enable decision makers to reallocate funding between programs based upon changing needs and priorities." - In ~n 1 Iy F 1 1 1 ® Il ~nl San Jose Outcomes of Prioritization Approach: • Increased connection of budget to City's Priority Results • Stakeholder engagement in program priorities • Rationale for reducing or eliminating programs that have the least impact on achieving the City's Priority Results Iy n ~s u ss Iy S n J s® Il ~nl The Program Prioritization effort will inform the development of the City's 2010-2011 Proposed Budget and serve as a tool to identify potential service reductions and eliminations. The evaluation of programs as part of this process may also identify potential duplication of efforts or opportunities to consolidate similar programs and/or services that can delivered through partnership with other governmental agencies, non-profit agencies, or the private sector. It is important to note that a high rating of a program will not guarantee that a program will be retained; nor does it guarantee that alower-ranking program will be proposed for elimination. Also, the rankings do not reflect whether a program is being delivered in the most efficient manner. The prioritization process will provide valuable information for budget proposal development and City Council deliberation. It will not be the "only answer" to how best to rectify the City's budget shortfall. - Iy n ~s u ss Iy S n J s ® Il ~nl 31 MEMORANDUM TO: Mayor and City Commissioners FROM: R. Brian Shutt, Esq. DATE: June 16, 2011 SUBJECT: AGENDA ITEM 9.I. -REGULAR COMMISSION MEETING OF .TUNE 21, 2011 SETTLEMENT OFFER REGARDING ANDERSON OHMAN CLAIM ITEM BEFORE COMMISSION Settlement offer regarding the claim of Anderson Ohman in the amount of $20,000.00. BACKGROUND This is a claim where a City police officer was loading barricades onto a golf cart when one of the barricades fell and engaged the gas pedal causing the golf cart to travel unattended striking two pedestrians. Mr. Ohman, one of the pedestrians, injured his neck, back, and right ankle. He was diagnosed with two bulging discs in his lower back and a cervical disc bulge and given an ll% physical impairment to the body. The cost of his medical treatment to date is approximately $40,000. RECOMMENDATION Approve the settlement offer subject to the receipt of the appropriate releases. MEMORANDUM TO: Mayor and City Commissioners FROM: Lisa Herrmann, Budget Officer David Boyd, Finance Director THROUGH: David T. Harden, City Manager DATE: June 17, 2011 SUBJECT: AGENDA ITEM 9..T. -REGULAR COMMISSION MEETING OF .TUNE 21, 2011 RESOLUTION N0.25-11/ MID YEAR BUDGET AMENDMENT ITEM BEFORE COMMISSION The Commission is requested to consider Resolution No. 25-ll which amends the FY 2010-ll budget. BACKGROUND This is the Mid Year Budget Amendment for FY 2010-ll. As the Commission may recall from seeing monthly budget reports, we are experiencing substantial revenue shortfalls, and our expenses, especially for the Police Department, are well above budget projections due to the fact that we have been unable to negotiate an new contract with the Police Benevolent Association. We have frozen virtually all hiring and have cut other portions of the budget by several hundred thousand dollars. These steps have reduced our projected deficit from over $2,800,000 to less than $1,500,000. This budget amendment will authorize the use of an additional funds from prior year's surplus to cover this deficit. Detailed explanations of the changes in revenue and expenses are attached. RECOMMENDATION Recommend approval of Resolution No. 25-ll amending the FY 2010-ll budget. RESOLUTION N0.25-11 A RESOLUTION OF THE CITY COMNIISSION OF THE CITY OF DELRAY PEACH, FLORIDA, AMENDING RESOLUTION NO. 55-10 ADOPTED SEPTEMBER 21, 2010 WHICH MADE APPROPRIATIONS OF SUMS OF MONEY FOR ALL NECESSARY EXPENDITURES OF THE CITY OF DELRAY PEACH, FLORIDA, FOR THE FISCAL YEAR 2010/2011, PY SETTING FORTH THE ANTICIPATED REVENUES AND EXPENDITURES FOR THE OPERATING FUNDS OF THE CITY FOR THE FISCAL YEAR 2010/2011; REPEALING ALL RESOLUTIONS INCONSISTENT HEREWITH. NOW, THEREFORE, PE IT RESOLVED PY THE CITY COMNIISSION OF THE CITY OF DELRAY PEACH, FLORIDA, AS FOLLOWS: Section 1. That Section 1 of Resolution No. 55-10 adopted by the City Commission of the City of Delray Peach, Florida, on September 21, 2010, is hereby repealed and a new Section 1 is enacted and amended to read as follows: That the following sums of money, attached hereto and marked Exhibit A ,are hereby appropriated upon the terms and conditions herein set forth. Section 2. That, subject to the qualifications contained in this resolution, all appropriations made out of the General Fund are declared to be maximum, conditional and proportionate appropriations, the purpose being to make the appropriations payable in full in the amounts herein named if necessary and then only in the event the aggregate revenues collected and other resources available during the period commencing the 1St day of October, 2010, and ending the 30th day of September, 2011, for which the appropriations are made, are sufficient to pay all the appropriations in full. Otherwise, said appropriations shall be deemed to be payable in such proportion as the total sum of realized revenue of the General Fund is to the total amount of revenues estimated by the City Commission to be available in the period commencing the 1St day of October, 2010, and ending the 30th day of September, 2011. Section 3. That all balances of the appropriations payable out of the General Fund of the City Treasury unencumbered at the close of business on the 30th day of September, 2010, except as otherwise provided for, are hereby declared to be lapsed into the City Treasury and may be used for the payment of the appropriations which maybe made in any appropriation for the fiscal year commencing the 1St day of October, 2010. Hower, nothing in this section shall be construed to be applicable to unencumbered balances remaining to the credit of the Water and Sewer Fund Sanitation Fund or any Fund created by the setting up of special revenue, but such balances shall be used in financing the proposed expenditures of these Funds for the fiscal year commencing the 1St day of October, 2010. Section 4. That no d~zt, bureau, agency or individual receiving appropriations under the provisions of this resolution shall exceed the amount of its appropriation, except with the consent and approval of the City Commission first obtained If such department, bureau, agency or individual shall exceed the amount of its appropriation without such consent and approval of the City Commission, the administrative officer or individual, in the discretion of the City Commissiony maybe deemed guilty of neglect of official duty and maybe subject to removal therefor. Section 5. That nothing in this resolution shall be construed as authorizing any reduction to be made in the amounts appropriated in this resolution for the payment of interest ory or retirement of, the debt of the City of Delray Beach, Florida. Section 6. That none of the monies enumerated in this resolution in connection with the General Fund, Water and Sewer Fund, Sanitation Fund or any other Fund of the City shall be expended for any purposes other than those for which they are appropriated, and it shall be the duty of the Budget Officer and/or Finance Director to report known violations of this section to the City l~ilanager. Section 7. That all monies collected by any deparhnent, bureau, agency or individual of the City government shall be paid promptly into the City Treasury. Section 8. That the foregoing budget is hereby adopted as the official budget of the City of Delray Beach, Florida, for the aforesaid period However, the restrictions with respect to the expenditures/expel-~ses of the funds appropriated shall apply only to the lump sum amounts for classes of expenditures/expenses which have been included in this resolution Section 9. That public hearings were held on the tax levy and the budget on September 13, 2010, and September 21, 2010. Section 10. That this resolution shall become effective immediately upon passage. PASSED AND ADOPTED in regular session on this the 21st day of June, 2010. MAYO R ATTEST: City Clerk RES. N0.25-11 Exhibit A Budget Summary CASH BALANCES BROUGHT FORWARD ESTIMATED REVENUES: TAXES AD VALOREM TAXES AD VALOREM TAXES AD VALOREM-DELINQUENT AD VALOREM - DDA Sales & Use Taxes Utility Taxes Other Taxes Franchise, Licenses & Permits Intergovernmental Charges for Services Fines & Forfeitures Miscellaneous Revenues Other Financing Sources TOTAL REVENUES AND OTHER FINANCING SOURCES TOTAL ESTIMATED REVENUES AND BALANCES EXPENDITURES/EXPENSES General Government Services Public Safety Physical Environment Transportation Economic Environment Human Services Culture & Recreation Debt Service Other Financing Uses TOTAL EXPENDITURES/EXPENSES Millages 7.1900 0.6002 1.0000 Reserves TOTAL EXPENDITURES AND RESERVES General Fund DOWNTOWN SPECIAL Amended DEVELOPMENT ENTERPRISE REVENUE FY 10/11 FUND FUNDS FUNDS TOTAL 3,359,890 5,717,758 250,351 9,327,999 43,163,010 0 0 0 43,163,010 3,576,820 0 0 0 3,576,820 400,000 0 0 0 400,000 0 439,815 0 0 439,815 1,310,000 0 0 0 1,310,000 4,850,000 0 0 0 4,850,000 4,395,000 0 0 0 4,395,000 7,807,320 0 500 0 7,807,820 6,145,349 0 289,550 4,678,255 11,113,154 9,422,240 0 43,046,310 0 52,468,550 940,500 0 0 93,750 1,034,250 5,868,287 38,000 219,680 500,021 6,625,988 3, 722,130 0 97,000 1,288,140 5,107,270 91,600,656 477,815 43,653,040 6,560,166 142,291,677 94,960,546 477,815 49,370,798 6,810,517 151,619,676 9,002,349 0 0 373,603 9,375,952 52,377,109 0 0 699,815 53,076,924 544,170 0 31,297,914 0 31,842,084 3,033,500 0 0 373,750 3,407,250 6,513,850 475,232 0 3,489,245 10,478,327 59,750 0 0 0 59,750 14,112,250 0 3,413,823 1,052,251 18,578,324 5,048,520 0 6,850,580 0 11,899,100 4,264,328 0 6,953,580 0 11,217,908 94,955,826 475,232 48,515,897 5,988,664 149,935,619 4,720 2,583 854,901 821,853 1,684,057 94,960,546 477,815 49,370,798 6,810,517 151,619,676 The General Fund Budget as of the eight month period ending May 31, 2011 totaled $93, 625, 014. Adjustments of $1, 335, 532 were made fog an amended total of $94, 960, 546. Surplus Brought Forward Surplus brought forward was increased by $1,498,306. This represents $1,492,014 which is needed to balance this current year's budget, $36,000 for the Priority Based Budgeting consultant ($36,000) offset by a $29,708 adjustment was relative to the Tri Rail shuttle. Ad Valorem Tax Revenue A total of $44,751,780 or 96% of the budget has been collected for this revenue category. The City can expect a surplus of $463,000. This is based on expected surplus balances of $323,000 for current ad valorem taxes and delinquent taxes totaling $140,000. The projection for current ad valorem taxes will be adjusted once the final assessment has been received. Sales and Use Taxes Sales and Use Taxes totaled $868,565 or 64% of the budget. The City can expect a shortfall of $47,420 at fiscal year-end. Utility Taxes Utility Tax revenues totaled $3,220,855 or 63% of the budget. The City can expect a shortfall of $259,000 at fiscal year-end due to utility taxes based on electric usage coming in less than expected. The actual to date for FPL utility taxes is $2,380,338 while for the prior year the FPL utility tax fees were $2,495,631 representing a decrease of $115,293 or 5%. Local Business Taxes Business license revenues totaled $690,436 or 107% of the budget. The City can expect a surplus of $45,000 based on an anticipated surplus in business taxes. Other Taxes The communication service tax (CST) revenue collections totaled $2,516,145 or 63% of the budget. The City can anticipate a shortfall of $230,000 due to communication services taxes coming in less than anticipated. The actual to date is $1,873,808 while for the prior year the CST revenue was $1,990,788 representing a decrease of $116,980 or 6%. Licenses and Permits License revenues totaled $1,923,419 or 70% of the budget. Permit revenues totaled $1,653,904 or 62% of the budget. The City can expect a surplus of $347,500 at fiscal year end. The revenue collection is up by $149,271 or 10% from the prior year. Notable surplus variances are as follows: general building permits ($400,000), seawall/dock permits ($5,000), medical gas installation permits ($500), fence permits ($2,000) and open permits/property searches ($5,000). This is offset by the following estimated shortfalls: sidewalk cafe licenses ($8,000), shutter permits ($5,000), roof permits ($25,000), conditional certificates ($5,000), tree permits ($2,000), no final inspection fees ($5,000), miscellaneous permits ($5,000) and foundation only permits ($10, 000). Please note that collections in this revenue category are variable. Franchise Taxes The City has collected $3,140,301 or 59% of the budget for this category. The City can anticipate a shortfall of $633,000 at fiscal year end. This is due to franchise fees based on electric usage not coming in as expected. The actual to date for FPL franchise fees is $2,283,778 while for the prior year the FPL franchise fees collected were $2,487,771 (excludes approximately $165,000 in refunds). The net decrease is $368,993 or 16%. FPL has advised us that the decrease is primarily due to lower fuel costs in 2010 vs. 2009. This decreased the revenue base for franchise fee purposes by 15-20% statewide. FPL does not expect changes in the fuel cost in the coming year. Intergovernmental Revenues Intergovernmental revenues are at $4,051,876 or 68% of the budget. The City can anticipate a surplus of $182,779 at fiscal year end. This is based on the following anticipated surplus balances: State Homeland/07-10 Hazmat Grant ($24,158), State Homeland/08-09 Hazmat Grant ($54,885), State Homeland/09-10 Hazmat Grant ($72,545), Tri Rail Shuttle Grant ($29,708) and sales tax collections ($25,000). The surplus is offset by estimated shortfalls in the following line items: Highway Safety Grant ($517), refund of state gas taxes ($3,000) and the Manatee Protection Grant line item ($20,000). Charges for Services Charges for Services totaled $6,020,730 or 61% of the budget. The City can expect a shortfall of $456,110 at fiscal year-end. Notable shortfall variances are as follows: transport fees ($300,000), Oxford/Federspiel parking ($47,000), program fees/after school ($30,000), Old School Square Parking garage ($15,000) and tennis tournament sponsorships ($468,750). This is offset by the following large surplus variances: Gulfstream permits ($295,000), parking fees ($40,000), multi-space parking fees ($50,000), program fees ($20,000) and tennis lesson sales ($50,000). It should be further noted that EMS transport fees are only at 42% for the year. This is due to bringing the collection process in house. We are looking at this closely to determine the effectiveness of the transition. Fines and Forfeitures Fines and Forfeitures totaled $625,724 or 71% of the budget. The City can expect a surplus of $55,000 at fiscal year-end primarily due to estimated surplus balances in general fines ($24,000), handicap tickets ($55,000), parking tickets ($20,000), collection agency revenues ($9,000), police education revenues ($2,000) and no building permit penalties ($5,000). This is offset by estimated shortfalls in code enforcement fines ($5,000), alarm reinstatement fees ($5,000), late fees/PD parking ($45,000) and building re-inspection fees ($5,000). Miscellaneous Revenue Miscellaneous revenues totaled $2,021,685 or 65% of the budget. The City can expect a surplus of $307,237 at fiscal year-end which is primarily due to revenues relative to the Fire VEBA refund ($194,294), donated charging stations ($6,000) e-payment refund program ($65,000), refund of prior year expenditures ($40,000), vending ($2,500), Pepsi machine ($7,500), CRA Hilltop Stadium ($70,000), and the CRA Clean & Safe District reimbursement ($10,160). This is offset by estimated shortfalls in tax collection interest ($10,000), interest earnings ($20,000) and Family Central reimbursement ($30,000). Recovery of Administrative Costs Recovery of Administrative Costs is at $1,630,000 or 67% of the budget. The City can expect to be at budget at fiscal year end. Interfund Transfers Interfund Transfers are at $8,000 or 52% of the budget. The City can expect to be at budget at fiscal year end. Contribution from Other Funds Contributions from Other Funds are at $2,429,593 or 67% of the budget. The City can anticipate a surplus of $62,240 at fiscal year-end due to a transfer to fund the Project Manager/CRA position. Mid Year Budget Amendment Fiscal Year 2010-2011 General Fund Expenditures The General Fund expenditures total $66,113,742 or 69.6% of the proposed amended budget of $94,960,546 at 67% of the budget year lapsed. The departmental adjustments overall total an increase of $1,335,532. A brief justification of departmental adjustments is as follows: General Government Services This category includes the legislative and administrative departments of the City and the miscellaneous division. The increase in General Government expenditures totals $115,118. The City Commission's budget is decreasing $580. The 1% civil service increase on October 1, 2010 was included in the budget for the Commissioners, but they did not receive the increase. The City Manager's budget is increasing $12,482 as a result of a one third term pay for an employee who will be retiring within two years ($12,066) and $1,350 for adjustments to the general employee pension contributions for the City to balance to the amount of the final actuarial report which included the changes that were implemented beginning October 1, 2011saving the general fund $633,330 (this adjustment will be reflected in all divisions that have employees in the general employee pension). Other miscellaneous adjustments are being made to travel and training ($608), refreshments ($93), office supplies (-$720), books and publications (-$550) and training/education costs (-$365). The Human Resources' Department's increase of $3,110 is due to the general employee pension adjustment. City Clerk's decrease of $25,770 comes from the retirement of the Staff Assistant II who will not be replaced and the remaining salary (-$26,000), the term pay for the retiring employee ($19,570), the general employee pension adjustment ($4,360), janitorial services funding not needed (-$800) and funds budgeted for the municipal election which did not take place (-$22,900). The IT division's increase of $6,050 is due to the adjustment of the general employee pension ($10,450) and decreases in office supplies ($1,000), travel and training ($400) and training and education ($3,000). The Public Information Department's decrease of $530 is due to the general employee pension adjustment ($470) and funds not needed in other contractual services for $1,000. The Finance Administration's increase of $41,530 is due to the general employee pension adjustment ($10,630), a salary adjustment of $4,000 due to the Finance Director position being vacant, the purchase of a Priority Based Budgeting program ($36,000), an increase in tuition reimbursement ($900) and a reduction in office supplies and stationery ($2,000). The City Attorney's budget will increase by $3,500 from adjustments to the general employee pension ($5,150) and reductions in travel and training ($500); stationery ($400) and training/education costs ($750). Administrative Services Divisions' decrease of $18,970 covers $4,690 for the adjustment for the general employee pension, $3,000 decrease in anticipated electricity costs for City Hall, a decrease of $1,200 for gardening supplies and a $19,460 reduction in the Clean and Safe division for a budgeted pick up truck that will not be purchased. The Planning and Zoning Department's budget will increase by $13,146 of which $10,810 is for the adjustment to the general employee pension, $3,800 for other professional services due to an increase in developmental activity in the Beach Overlay District and a $536 balance roll forward for the 2010 FL CLG training program. Decreases are being made to the travel and training and stationery accounts of $1,000 each. Engineering's increase of $64,050 is due to the transferring of costs for Project Manager that were budgeted in other funds, but should have remained in the general fund ($62,240) and the adjustment to the general employee pension Mid Year Budget Amendment Fiscal Year 2010-2011 ($1,810). There are transfers from the Water and Sewer and Stormwater funds in the amount of $62,240 where the Project Manager was originally budgeted. Building Maintenance's increase of $1,850 is due to the adjustment to the general employee pension ($4,200) and reductions in travel and training ($150), equipment ($2,000) and training/education costs ($200). The miscellaneous expenses in the general government services function is increasing $15,250 for increased credit card fees ($12,250) and a $3,000 grant to the Creative City Collaborative. Cultural and Recreation This category includes the Parks and Recreation Department, the Old School Square Grant and Library and miscellaneous cultural and recreational grants. The increase in this category is $95,021. The Parks and Recreation Department's increase is $47,171. The reductions to this department are travel and training ($400), salaries due to vacant positions ($85,689) and electricity ($3,000). Increases were made for the adjustment to the general employee pension ($46,050), program fees which have a revenue offset ($20,000), the resodding of Hilltopper stadium which has a CRA contribution offset ($70,000) and gardening supplies also offset by a CRA contribution ($210). The Tennis Operations Department's net increase of $17,850 is due to increased costs for other contractual services ($40,000) and leagues and tournaments which has a revenue offset ($6,000). This is partially offset by reductions in professional services ($9,000) the Chris Evert Tournament ($150), tennis tournament ($9,000) and equipment ($10,000). The miscellaneous grants in this category is increasing by $30,000 for the operating grant for the Delray Beach Historical Society approved by the City Commission on November 2, 2010. Public Safety This category includes the Police and Fire Departments and Community Improvement. The Department budgets in this category represent 55% of the general fund budget total. The increase in the Public Safety budget category equals $1,213,825. The Police Department's is 67.1% expended at 66.7% budget period lapsed of the adjusted budget. The total Police budget will increase $969,519. Reductions are made for vacant positions ($442,461), travel and training ($17,000), electricity for Police Headquarters ($10,000), general operating supplies ($10,000), uniforms ($15,000), equipment ($25,000), training and education ($5,000) and stationery ($5,000). Multiple changes were made to the Police and Fire Pension contributions due to anticipated changes to the plan for the budget year which were not implemented and to a new actuarial report adjustment for the changes made by the Fire union employees. These changes resulted in an increase to P&F Pension costs in the Police budgets of $405,377. The amount needed to fund the Police officers' 84 hour pay period is $701,910 and the required VEBA payment is $314,003. The adjustment to the general employee pension totals $39,940. Additional requests for $10,000 in overtime for OSSI training and $27,750 for the ICMA study are also included. The Fire Department's budget increase of $221,766 includes reductions for adjustments to salaries and benefits for vacant positions ($641,412), travel and training ($8,900), electricity ($10,000), building maintenance ($30,000), uniforms ($9,500), training and education ($6,200) and general operating supplies ($5,000). Due to changes made by the Fire Union in their contract, savings were also made for the reduction of two paid holidays in the amount of $107,493. The same adjustments noted in the Police sliiiuiiary resulted in a $458,908 increase for Police and Fire Pension and $337,385 for the VEBA. The adjustment for the general employee pension totaled $7,450. Other increases included $35,000 for the ICMA study, $151,588 in grant balance roll forwards and $49,940 for the hiring of a Division Chief in place of the Administrative Support Services manager that was budgeted. Mid Year Budget Amendment Fiscal Year 2010-2011 The Community Improvement budget shows an increase of $22,540 due to the adjustment to the general employee pension ($19,940) and the purchase of a folding machine ($5,000). This was partially offset by reductions in travel and training ($1,500), stationery ($400) and training/education ($500). Physical Environment This category which consists of Public Works Administration and the Cemetery reflects an increase of $3,510. This includes only the adjustment to the general employee pension. Transuortation This category includes the Public Works Department. The department has four divisions, Streets, Traffic Operations, Parking and Street Lighting. There is net departmental decrease of $14,420. Reductions were made in travel and training ($900), equipment ($4,000), training/education ($2,600), overtime in the Street Lighting division ($1,500), other contractual services ($9,000), building maintenance ($10,000), portable phone ($360) and other repair and maintenance costs ($1,500). Increases were made for the adjustment to the general employee pension ($9,440) and to budget the expense for the donated charging stations ($6,000). Economic Environment This category is increasing by $10,320 due to a grant approval for the Chamber of Commerce in the amount of $20,000 for the current fiscal year and the reduction of $9,680 in the funding for the Economic Development Director which was only hired for a portion of the year. Debt Service There is a decrease to this function in the amount of $88,000 due to the 2008 Line of Credit Interest expenses coming in at less than anticipated. Transfers There is an increase in the transfer to the Special Projected Fund in the amount of $158 due to an increased encumbrance roll forward. Reserves There was no adjustment made to the general fund contingency account. Other Funds ARRA Economic Stimulus Fund This fund will increase $883,688 overall. Transfers are being made within the Cops Recovery Grant to cover funding for pension and VEBA changes. Grant balances are being rolled forward and distributed for the DOJ Cops Hiring Grant ($97,005), Palm Beach County JAG Recovery Grant ($59,330), Transit Capital Assistance Grant ($373,750), Energy Efficiency and Conservation Grant ($223,603) and Local Energy Assurance Plan ($130,000). Law Enforcement Trust Fund No changes or adjustment to this fund. Special Proiects Fund This fund will increase $14,366 overall. The increase is the Bulletproof Vest Grants ($14,208) and matching City funding for Bulletproof Vest Grants received from the General Fund ($158). Mid Year Budget Amendment Fiscal Year 2010-2011 Neighborhood Services Fund Fiscal Year 2009/10 balances for CDBG, Neighborhood Housing, SHIP, Hope III, Disaster Recovery Initiative programs, Neighborhood Stabilization, West Settlers Facade and remaining Housing Rehabilitation Block Grant balances were brought forward. Total brought forward is $1,129,146. Also included are changes to CRA contributions ($980) from budgeted to actual grant amount and $233,520 in proceeds from the sale of properties. The overall increase for this fund is $1,363,646. Beautification Trust Fund This fund will not change overall. The adjustment to the general employee pension of $3,410 is being transferred from anticipated surplus in the gardening supplies account. Beach Restoration Fund No changes or adjustment to this fund. General Construction Fund No changes or adjustment to this fund. 2004 GO Bond No changes or adjustment to this fund. City Marina Fund No changes or adjustment to this fund. Sanitation Fund This fund will not change overall. The adjustment to the general employee pension of $2,320 is being transferred from a project reserve account. Water and Sewer Fund This fund will increase $154,800 overall for the budgeting of the SFWNID Alternative Water Grant. Additional transfers are being made within the fund for the adjustment to the general employee pension ($69,390), funding of the Sustainability/Conservation Officer split between the Water and Sewer and Stormwater funds beginning February 2011 ($30,145), transferring funds to the general fund for the Project Manager (explanation in Engineering) of $31,120, transferring funds to the Water and Sewer Replacement fund for a reclaimed water project ($507,000), a reduction from a vacant position ($10,821) and a reduction from project reserve to balance ($88,714). Water and Sewer Renewal and Replacement Fund The fund will increase overall by $507,000 with a transfer from the Water and Sewer fund for a reclaimed water project. Municipal Golf Course The overall fund will not change. Transfers are being done within the fund to cover anticipated expenses with $181,830 being added to the project reserve account to balance the fund. Mid Year Budget Amendment Fiscal Year 2010-2011 Lakeview Golf Course No changes or adjustment to this fund Stormwater Utility Fund This fund will not change overall. Transfers are being done within the fund for the adjustment to the general employee pension ($5,430), funding of the Sustainability/Conservation Officer split between the Water and Sewer and Stormwater funds beginning February 2011 ($30,145), transferring funds to the general fund for the Project Manager (explanation in Engineering) of $31,120 and a decrease to the project reserve account of $35,575 to balance the fund. Garage Fund This fund will not change overall. The adjustment to the general employee pension of $7,650 is being transferred from a project reserve account. Insurance Fund This fund will not change overall. The adjustment to the general employee pension of $2,320 is being transferred from a project reserve account. MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: June 14, 2011 SUBJECT: AGENDA ITEM 9.K. -REGULAR COMMISSION MEETING OF .TUNE 21, 2011 APPOINTMENT TO THE COMMUNITY REDEVELOPMENT AGENCY ITEM BEFORE COMMISSION This item is before the City Commission for an appointment to the Community Redevelopment Agency. BACKGROUND The term for regular member, Mr. Brian Cheslack will expire on July 1, 201 L Mr. Cheslack will have served an unexpired term, is eligible and would like to be considered for reappointment. The term will be for four (4) years ending July 1, 2015. Per Florida Statute, any person may be appointed to the Community Redevelopment Agency if he or she resides in or is engaged in business (which means owning a business, practicing a profession or performing a service for compensation, or serving as an officer or director of a corporation or other business entity) within the area of the agency which is coterminous with the municipality and is otherwise eligible for such appointment. The City Attorney has determined that anyone who resides within the City limits is eligible for appointment. A person cannot hold any other public office other than his/her commissionership or office with respect to the Community Redevelopment Agency. The following individuals have submitted applications and would like to be considered for appointment: (See Exhibit "A" attached) A check for code violations and/or municipal liens was conducted. None were found. Voter registration verification was completed and all are registered. Based on the rotation system, the appointment will be made by Commissioner Gray (Seat #4) for one (1) regular member to serve a four (4) year term ending July 1, 2015. RECOMMENDATION Recommend appointment of one (1) regular member to serve on the Community Redevelopment Agency for a four (4) year term ending July 1, 2015. COMMUNITY REDEVELOPMENT AGENCY 4 YEAR TERM 20 N. Swinton Avenue Delray Peacl-y FL 33444 03/11 TERM REGULAR MEMBERS OCCUPATION EXPIRES 07/01/2013 Peter Arts,1~ Vice Q~air Life Insurance a~ 07/05/05 Agent Reappt06/16/09 07/01/2011 PrianCheslack Attorney Unexp Appt04/05/11 07/01 /2013 Veronica Covington UnexpAppt 02/20/07 ~~{-~~ Reappt 06/16/09 Surve111anCe 07/01 /2014 Howard Lewis, Qzair Pusiness Owner Unexp Appt04/15/03 Reappt06/20/06 Rea 07/06/10 07/01 /2012 William Pranning, Treasurer unexp a~ o5/oz/o6 Contractor Reappt07/01/08 07/01/2013 CathySalestriere Unexp Appt 10/06/09 General TVlanageT 07/01/2013 Herniae Stevens Attorney a~ 06/16/09 Contact person: Diane Colonna 276-8640 S/CityQerk/Board 11/C12A Commissioner Liaison: Commissioner Carney(Primary Member) Commissioner Fetzer (Alternate Member) COMMUNITY REDEVELOPMENT AGENCY EXHIBIT A Jose Aguila Architect David Seale Attorney (currently serving on the Downtown Development Authority) Ryan Poylston Consulting/President (also applying for the Downtown Development Authority) Brian Cheslack Attorney Incumbent Reginald Cox Architect (currently serving on the West Atlantic Redevelopment Coalition) Dana Donaty Artist (currently serving on the Public Art Advisory Board) Mark Denkler Business Owner/President (also applying for the Downtown Development Authority) Deborah Dowd Educator-E sol Coordinator Clifford Durden Educator Joe Farkas Panldng/Pranch Manager Joseph Ferrer President-Entertainment Gerald Franciosa Retired Accountant/LawEnforcement (currently serving on the Code Enforcement Board) Frank Frione Engineering Chief Executive Officer Ronald G alinsky Sales & Marketing Pruce Gimmy Self-employed (currently serving on the Parking 1\ilanagement Advisory Poard; also applying for the Downtown Development Authority) Annette Gray Real E state Broker/Marketing Mercator Guerrier President-CEO (also applying for the Police Advisory Board) Vicki Hill Assistant Director of Finance Jan Kucera-Winney Real Estate/Event Consultant/Airlines Kurt Lehman Realtor (currently serving on the Code Enforcement Poard; also applying for the Downtown Development Authority) COMMUNITY REDEVELOPMENT AGENCY EXHIBIT A Iris McDonald Self Employed/Realtor Jennifer Morris Planner (currently serving on the Police Advisory Poard) Albert Richwagen Pusiness Owner (currently serving on the Code Enforcement Poarc~ also applying for the Downtown Development Authority) Perry Ronan Real E state (also applying for the Downtown Development Authority) G ary Rosen Marketing/President Jerome Sanzone Pudding Official Sam Shannon Director of Community Development Thuy Shutt Assistant Director of Community Development Samuel Spear Self Employed/Computer Consultant Troy Wheat Financial Advisor MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: June 14, 2011 SUBJECT: AGENDA ITEM 9.L. -REGULAR COMMISSION MEETING OF .TUNE 21, 2011 APPOINTMENTS TO THE DOWNTOWN DEVELOPMENT AUTHORITY ITEM BEFORE COMMISSION This item is before the City Commission for appointments to the Downtown Development Authority. BACKGROUND The terms for regular members, Mr. David Beale, Mr. Michael Listick, Ms. Diane Franco and Ms. Nancy Stewart-Franczak, will expire on July 1, 201 L Mr. Beale will have served two (2) full terms and is not eligible for reappointment. Mr. Listick will have served one (1) full term and would not like to be considered for reappointment. Ms. Franco and Ms. Stewart will have served one (1) full term, are eligible and would like to be considered for reappointment. Appointments are needed for four (4) regular members to serve three (3) year terms ending July 1, 2014. To qualify for appointment, a prospective member must reside in or have his or her principal place of business in the City, and shall not be serving as a City officer or employee. There is a requirement that at least four (4) of the members must be owners of real estate within the downtown area, a lessee thereof required by the lease to pay taxes thereon, or a director, officer or managing agent of an owner or of a lessee thereof so required to pay taxes thereon. A map of the Downtown Development Authority Boundary is included for your review. Currently serving on the Downtown Development Authority and meeting ownership and tax payment qualifications are Mr. David Cook, Mr. Fran Marincola, Mr. David Beale, Mr. Michael Listick, Mr. Seabron Smith and Mrs. Nancy Stewart-Franczak. The following individuals have submitted applications and would like to be considered for appointment: (See Exhibit "A" attached) A check for code violations and/or municipal liens was conducted. None were found. Voter registration verification was completed and all are registered. Based on the rotation system, the appointments will be made as follows: Term Expiration Date July 1, 2014 (regular member-3 year term) July 1, 2014 (regular member-3 year term) July 1, 2014 (regular member-3 year term) July 1, 2014 (regular member-3 year term) Commissioner/Mayor to appoint Commissioner Gray (Seat # 4) Mayor McDuffie (Seat # 5) Commissioner Carney (Seat # 1) Commissioner Fetzer (Seat # 2) RECOMMENDATION Recommend appointment of four (4) regular members to serve on the Downtown Development Authority for three (3) year terms ending July 1, 2014. DOWNTOWN DEVELOPMENT AUTHORITY (DDA) 85 SE 4~ Avenue, Suite # 108 Delray Beacl-y FL 33483 3 year term 10/10 Marjorie Ferrer Executive Director ofDDA TERM REGULAR MEMBERS EXPIRES 07/01 /2011 David Beale Vice Q-iair *Tax qualification Unexp Appt 03/01/05 , Reappt 06/21/05 Rea 07/01/08 07/01/2011 Michael Listick *Tax qualification Appt07/01/08 07/01/2012 Fran Marincola Q~air *Tax qualification Appt o6/zo/o6 , Reappt 06/16/09 07/01 /2011 Diane Franco, Secretary Appt08/05/08 07/01 /2012 David Coo1S Treasurer *Tax qualification Unexp Appt OS/ 15/07 Reappt 07/07/09 07/01 /2011 Nancy Stewart-Franczak * Tax qualification Reappt 07/01/08 Unexp Appt 07/11/06 07/01/2013 Seabron Smith *Tax qualification Unexp Appt07/21/09 Reappt 07/06/10 Contact person: Marjorie Ferrer Phone: 243-1077 Fax: 243-1079 Membership increased to 7 members on 07/01 /99 S/CityQerk/Board 11/DDA Commission Liaison: Commissioner Frankel (Primary Member) Mayor McDuffie (Alternate Member) Marjorie Ferrer Executive Director Delray Beach Downtown Development Authority 85 SE 4th Avenue, Suite # 108 Delray Beacl-y FL 33483 ph: 561-243-1077 fax:561-243-1079 cell:561-271-3168 DOWNTOWN DEVELOPMENT AUTHORITY EXHIBIT "A" Mavis Benson Business Owner Tax Qualification Ryan Boylston Consultant Shannon Dawson Realtor Mark Denkler Sales-Business Owner Tax Qualification James Deitch Business Owner Tax Qualification Diane Franco Business Owner Incumbent Ronald Furst Retail-Business Owner Tax Qualification Bruce Gimmy Self-employedBusiness Owner (currently serving on the Parking Management Advisory Board) Tax Qualification Kurt Lehmann Realtor (currently serving on the Code Enforcement Board; also applying for the Community Redevelopment Agency) Pearl Markfield Elrod Realtor Kenneth Peltzie Self-employed Albert Richwagen Business Owner Tax Qualification Alexia Rouquette Marketing/Public Relations Perry Rohan Real Estate Nancy Stewart-Franczak Business Owner Incumbent/Tax Qualification Harold Van Arnem Principal/Developer Brad Winney Investor/Director (also applying for the Financial Review Board) } Q Z O m .-. D O ~_ CL O 2 I- Q Z w O w w z O z O as ~~ ~ z ~r ~ ~r ~ 6 i MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: June 14, 2011 SUBJECT: AGENDA ITEM 9.M. -REGULAR COMMISSION MEETING OF .TUNE 21, 2011 APPOINTMENTS TO THE FINANCIAL REVIEW BOARD ITEM BEFORE COMMISSION This item is before the City Commission for appointments to the Financial Review Board. BACKGROUND The terms for regular members Mr. John Hallahan, Ms. Christina Morrison Pearce, Mr. Jeff Ritter, and alternate member Mr. Andrew Youngross will expire on July 31, 201 L Ms. Morrison Pearce will have served one (1) full term, is eligible and would like to be considered for reappointment. Mr. Hallahan, Mr. Ritter and Mr. Youngross will have served unexpired terms, are eligible and would like to be considered for reappointment. Additionally, Ms. Cheryl Shaffner submitted her resignation effective June 9, 2011. Her resignation letter is attached. This creates a vacancy for one (1) alternate member to serve a two (2) year term ending July 31, 2011. Appointments are needed for three (3) regular members and two (2) alternate members to serve two (2) year terms ending July 31, 2013. On October 6, 2009, the Delray Beach City Commission adopted Resolution No. 55-09 establishing the Budget Review Committee to review the City's budget, systems and procedures, technology improvements, or related materials and concepts and make recommendations regarding revenues, salaries and benefits, operating expenses, debt service expenses, capital outlay, grants to other entities and transfers to other funds or any other items that may favorably impact the City's budget and overall financial condition. The Commission later adopted Resolution No. 58-09 which renamed the committee as the Financial Review Board with the expanded responsibilities of analysis of revenues and expenses and business practices and processes. The Financial Review Board shall consist of nine (9) members. Five (5) seats on the Board must be filled with a certified public accountant, accounting professional, finance professional, certified financial planner, investment advisor, insurance professional (property/casualty or health), business owner/manager/officer and someone with an MBA or MPA degree. The remaining four (4) members may be at large. The following individuals have submitted applications and would like to be considered for appointment: (See Exhibit "A" attached) A check for code violations andlor municipal liens was conducted. None were found. Voter registration verification was completed and all are registered. Based on the rotation system, the appointments will be made as follows: Term Expiration Date July 31, 2013 (regular member-two year term) July 31, 2013 (regular member-two year term) July 31, 2013 (regular member-two year term) Commissioner/Mayor to appoint Commissioner Gray (Seat # 4) Mayor McDuffie (Seat # 5) Commissioner Carney (Seat # 1) July 31, 2013 (alternate member-two year term) Commissioner Fetzer (Seat # 2) July 31, 2013 (alternate member-two year term) Commissioner Frankel (Seat # 3) RECOMMENDATION Recommend appointment of three (3) regular members and two (2) alternate members to serve on the Financial Review Board for two (2) year terms ending July 31, 2013. FINANCIAL REVIEW BOARD 5/11 TERM EXPIRES REGULAR MEMBERS OCCUPATION 07/31 /12 Warreaz Trilling Certified Public Unexp Appt 05/17/11 ACCOUntant 07/31/12 HowardEllingsw~rth,Q-iair Accounting Amt 10/20/09 PaT'tneT/CPA Reappt07/06/10 07/31 /11 John Hallahan Assistant Director of Unexp Appt 04/05/11 017eratlonS 07/31/12 Rosalie Plood Vice President/ Amt 10/20/09 alt General T/~dnager Amt 07/06/10 reg 07/31 /11 Qzristina Morrison Pearce Realtor Amt 11/03/09 07/31 /11 Jeff Ritter Consulting Unexp Appt04/05/11 07/31/12 Luise Piane Executive a~ o~/zo/1o Managerrient ALTERNATES 07/31/11 AndrewYoungross Engineer/Pusiness Unexp Appt 05/07/11 Owner 07/31/11 Unexp Appt Vacant Contact: Barbara Flynn X-7115 S/CityQerk/Board 11/Firiancial Re~riewBoard FINANCIAL REVIEW BOARD EXHIBIT A Applicants with experience in the professions reduired: Applicant Occupation AnthonyCottone Business Owner/President/Finance John Hallahan Assistant Director of Operations Incumbent Jeff Ritter Management Consultant/Educator Incumbent AndrewYoungross Engineer/Business Owner Incumbent Applicants interested in being an at-large member: Christina Morrison Pearce Realtor Incumbent Bradley Winney Investor/Director Cobb, Venice Subject: FW: Attendance for June 14th Meeting From: Cheryl Shaffner [mailto:cshaffner@ceshaffner.com~ Sent: Thursday, June 04, 2011 3;1Z DM To: Flynn, Barbara Subject: RE. Attendance for June 14th Meeting Ni Barbara, Please accept my apology for not being in contact with you and the board sooner. !n the beginning of the year I had been commuting to North Florida for work and eventually ended up relocating. ! still have my home in Delray, my intent was to make it back for each meeting but unfortunately that has not happened. It is with regret that i must resign from the board, but would like to be able to re- apply for a position once I am able to return to Delray fu!!-time. Cheryl Shaffner, President St Johns Drip-e Palatka, Florida 32177 Cell (561} 706-2188 Fax (561) 89~-3620 cshaffner cr,ceshaffner.coz~ www.ceshaffner.coxr~ "'Keeping Your Finances in Control" From: Flynn, Barbara [mailto:BFlynn@mydelraybeach.com] Sent: Thursday, June 09, 2011 2:5Z DM To: 'Blood, Rosalie'; 'Ellingsworth, Howard'; Hallahan, john; 'Pearce, Christina Morrison'; 'Diane, Luise'; 'Ritter, Jeff; 'Shaffner, Cheryl'; 'Simon, Alexander (Sandy)'; Trilling, Warren Cc: Boyd, David Subject: Attendance for June 14th Meeting Far the purpose of insuring a quorum can you please email me yes or no ...... Will you be able to attend the meeting of June 14th -Environmental Services 434 S. Swinton Avenue -Training Room at 8:30am? Thank you, 1 MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: June 14, 2011 SUBJECT: AGENDA ITEM 9.N. -REGULAR COMMISSION MEETING OF .TUNE 21, 2011 APPOINTMENTS TO THE GREEN EMPLEMENTATION ADVANCEMENT BOARD ITEM BEFORE COMMISSION This item is before the City Commission for appointments to the Green Implementation Advancement Board. BACKGROUND The terms for regular members, Mr. David Hawke, Ms. Chloe Bedenbaugh, Mr. Jeff Benavides, and alternate members, Mr. Yalmaz Siddiqui and Mr. Matthew O'Connell will expire on July 31, 201E Mr. Hawke will have served one (1) full term, is eligible and would like to be considered for reappointment. Ms. Bedenbaugh, Mr. Benavides and Mr. Siddiqui will have served unexpired terms, are eligible and would like to be considered for reappointment. Mr. O'Connell will have served one (1) full term and would not like to be considered for reappointment. Appointments are needed for three (3) regular members and two (2) alternate members to serve two (2) year terms ending July 31, 2013. On June 2, 2009, the Delray Beach City Commission adopted Resolution No. 24-09 establishing the Green Task Force for the purpose of making recommendations to the City Commission regarding ways to improve the environmental sustainability of City programs, services, equipment and facilities; strategies for improving the environmental sustainability of the community; incentives for residents, businesses, and organizations to practice environmental conservation including recycling; proposed means to enhance water and energy conservation; ideas for promotion of tree planting and xeriscaping; best practices to be considered for implementation in Delray Beach, including long-term strategies; and proposed revisions to City ordinances to address Green technologies. The Commission later amended the number of board members and changed the board's name to the Green Implementation Advacement Board. The Green Implementation Advancement Board shall consist of seven (7) regular members and two (2) alternate members. All members shall have expertise or an interest in environmental conservation and sustainability and shall be residents of or own property in the City, own a business within the City, or be an officer, director or manager of a business located within the City. The following individuals have submitted applications and would like to be considered for appointment: (See Exhibit "A" attached) A check for code violations andlor municipal liens was conducted. None were found. Voter registration verification was completed and all are registered. Based on the rotation system, the appointments will be made as follows: Term Expiration Date July 31, 2013 (regular member-two year term) July 31, 2013 (regular member-two year term) July 31, 2013 (regular member-two year term) Commissioner/Mayor to appoint Commissioner Fetzer (Seat # 2) Commissioner Frankel (Seat # 3) Commissioner Gray (Seat # 4) July 31, 2013 (alternate member-two year term) Mayor McDuffie (Seat # 5) July 31, 2013 (alternate member-two year term) Commissioner Carney (Seat # 1) RECOMMENDATION Recommend Appointment of three (3) regular members and two (2) alternate members to serve on the Green Implementation Advancement Board for two (2) year terms ending July 31, 2013. 05/11 GREEN IMPLEMENTATION ADVANCEMENT BOARD TERM EXPIRES NAME & ADDRESS OCCUPATION 07/31/2012 Ana DeMelo Project Manager/Civil Amt o8/04/09 Reappt07/20/10 Engineering 07/31 /2011 David Hawke, Q~air Architect Amt 08/04/09 07/31/2012 Rita Johnson Pusiness Owner-CEO Amt 08/04/09 Rea 07/20/10 07/31 /2012 Jayne King, Vice Qzair Master Amt o8/04/09 G ardener/E ducator Rea 07/20/10 07/31/2011 Stephanie "Chloe" Sedenbaugh Human Resources Unexp Appt 04/05/11 reg Unexp Alt 03/02/10 07/31 /2012 Laura Reines Director/Special Events Amt o~/zo/1o Coordinator 07/31/2011 Jeff Penavides SustainabilityProject Unexp Appt 04/21/11 ~1,~Ta,-,ar,nr ALTERNATE MEMBERS 07/31 /2011 Yalmaz Siddiqui Unexp 05/03/11 EnV1T'Onl7lental Strategy Advisor 07/31 /2011 Matthew O'Connell Pusiness Owner Amt 08/04/09 S/City Clerk/Board 11/Green Implementation Advancement Board CITY REPRESENTATIVE: Randal Krejcarek 243-7322 Richard Reade 243-7009 GREEN IMPLEMENTATION ADVANCEMENT BOARD EXHIBIT A Isabelle Alarie Jeff Penavides Stephanie °Chloe" Sedenbaugh Alberto Chuecos Wyana Claxton Jeffrey Conley Nayda Cottone-Ovadia David Hawke 1VTichael Marcus Yalmaz Siddiqui Lillian Stajnbaher Landscape Architect-Principal (currently serving on the Board of Adjustment) Sustainability Project Manager Incumbent Human Resources Incumbent Director of Operations Self-employed/Therapist (also applying for the Police Advisory Soard) Architecture /E ngineering-Principal Nursing (also applying for the Financial Review Soard) Architect-Principal Incumbent Recycling Managing Partner Environmental Strategy Advisor Incumbent Ecologic Advisor-Managing Principal MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: June 14, 2011 SUB7ECT: AGENDA ITEM 9.0. -REGULAR COMMISSION MEETING OF .TUNE 21, 2011 APPOINTMENTS TO THE EDUCATION BOARD ITEM BEFORE COMMISSION This item is before the City Commission for appointments to the Education Board. BACKGROUND The terms for regular members Ms. Catherine DeMatto, Ms. Lydia Carreiro, Ms. Sandra Tobias, Mr. Perry Stokes, Mr. Peter Raycroft, Ms. Myra Leavy Bazemore, and student member Mr. Nathaniel Ellis will expire on July 31, 201 L Ms. DeMatto, Ms. Tobias and Mr. Stokes will have served two (2) full terms and are not eligible for reappointment. Mr. Raycroft will have served one (1) full term and would not like to be considered for reappointment. Mr. Ellis will have served one (1) full term and is not eligible for reappointment. Ms. Leavy Bazemore and Ms. Lydia Carreiro will have served unexpired terms, are eligible and would like to be considered for reappointment. Appointments are needed for six (6) regular members and one (1) student member to serve two (2) year terms ending July 31, 2013. Please note that there is currently a vacancy for another student member. However, there is only one (1) student applicant at this time. Members of the Education Board must be a resident of the City, own property, own or operate a business within the City or have a child attending Delray Beach public schools. It is the intent, whenever possible, that the membership include persons with a background in business, real estate and/or education. The following individuals have submitted applications and would like to be considered for appointment: (See Exhibit "A" attached) A check for code violations and/or municipal liens was conducted. None were found. Voter registration verification was completed and all are registered. Based on the rotation system, the appointments will be made as follows: Term Expiration Date Commissioner/Mayor to appoint July 31, 2013 (regular member-two year term) July 31, 2013 (regular member-two year term) July 31, 2013 (regular member-two year term) July 31, 2013 (regular member-two year term) July 31, 2013 (regular member-two year term) July 31, 2013 (regular member-two year term) July 31, 2013 (student member-two year term) Commissioner Carney (Seat # 1) Commissioner Fetzer (Seat # 2) Commissioner Frankel (Seat # 3) Commissioner Gray (Seat # 4) Mayor McDuffie (Seat # 5) Commissioner Carney (Seat # 1) Commissioner Fetzer (Seat # 2) RECOMMENDATION Recommend appointment of six (6) regular members and one (1) student member to serve on the Education Board for two (2) year terms ending July 31, 2013. 04/11 EDUCATION BOARD TERM EXPIRES NAME & ADDRESS OCCUPATION 07/31/2011 Catherine DeMatto unexp a~ oz/zo/o7 Training & Development/ Reappt 07/24/07 Reappt07/07/09 MaT'ketlTl & Sales g 07/31/2012 Jose Herrera Special Events Coordinator Unexp Appt04/21/11 07/31/2012 Derline Pierre-Louis, Vice Q-~ir a~ 07/15/08 President/Plan & Pudget Reappt o7/zo/1o Revie~r 07/31 /2012 Amanda Orndorff Unexp Appt 10/19/10 Educator 07/31 /2012 Debra Kaiser a~ o7/zo/1o Senior Director 07/31 /2012 Sandra Weatherspoon, Qzair Amt 07/15/08 Assistant PnnClpal Reappt07/20/10 7/31 /2011 Lydia Carreiro unexp a~ 10/06/09 Educator 07/31 /2011 Sandra Tobias unexp a~ oz/z1/o6 Real Estate/Educator Reappt07/24/07 Reappt07/07/09 07/31 /2011 Perry Stokes Unexp Appt 01/03/06 Reappt07/24/07 Reappt 07/07/09 Educator 07/31 /2011 Mr. Peter Raycroft Unexp Appt 01/03/08 Educator Reappt07/07/09 07/31 /2011 Myra Leavy Pazemore unexp a~ 1z/o7/1o Educator STUDENT MEMBERS one term limit 7/31 /2011 Nathaniel Ellis Appt 08/04/09 Stlldel"it 2 YEAR TERM 7/31/2012 Student 1 YEAR TERM Vacant CITY REPRESENTATIVE: Janet Meeks -Education Coordinator 243-7231 COMMISSION LIAISON: Commissioner Fred Fetzer (Primary Member) Mayor Nelson McDuffie (Alternate Member) EDUCATION BOARD EXHIBIT A Madison Aracri Student Lydia Carreiro Educator Incumbent Mary-Elizabeth Cohn Education/Sales & Consultant L,eaArnze DeRigne Educator (also applying for the Police Advisory Soard) Qaudia Flores Sanldng Assistant Vice President Nfiriam Hanan Retired Principal Julia Kadel Director of Admissions MyraL,eavyPazemore Educator Incumbent Isabel Make Consultant-President/Educator (currently serving on the Neighborhood Advisory Council & the Police Advisory Council) Sharon Roth Retired Business Development Manager MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: June 14, 2011 SUBJECT: AGENDA ITEM 9.P. -REGULAR COMMISSION MEETING OF .TUNE 21, 2011 APPOINTMENTS TO THE POLICE ADVISORY BOARD ITEM BEFORE COMMISSION This item is before the City Commission for appointments to the Police Advisory Board. BACKGROUND The terms for regular members Mr. Matthew Hartley, Mr. Matthew Monahan, Mr. Joseph Ingram, Mr. Kevin Warner and student member Mr. Joseph Elisma will expire on July 31, 2011. Secondly, there are vacancies for two (2) regular members due to Mr. Jeff Ritter and Mr. Jason Dollard being appointed to other Advisory Boards. Mr. Monahan and Mr. Warner will have served unexpired terms, are eligible and would like to be considered for reappointment. Mr. Hartley will have served one (1) full term and would not like to be considered for reappointment. Mr. Ingram will have served two (2) full terms and is not eligible for reappointment. Mr. Elisma is a student and has graduated high school, and therefore is not eligible for reappointment. Appointments are needed for one (1) regular member to serve an unexpired term ending July 31, 2012, five (5) regular members to serve two (2) year terms ending July 31, 2013, and one (1) student member to serve a two (2) year term ending July 31, 2013. In order to qualify for appointment, a person shall be either a resident of, own property, own a business or be an officer, director or manager of a business located within the City of Delray Beach. Membership shall include a diverse cross section of the community; business owners, religious and faith based organizations, youth, school officials and local organizations, where feasible. The following individuals have submitted applications and would like to be considered for appointment: (See Exhibit "A" attached) A check for code violations and/or municipal liens was conducted. None were found. Voter registration verification was completed and all are registered. Based on the rotation system, the appointments will be made as follows: Term Expiration Date Commissioner/Mayor to appoint July 31, 2012 (regular member-unexpired term) Commissioner Gray (Seat # 4) July 31, 2013 (regular member-two year term) July 31, 2013 (regular member-two year term) July 31, 2013 (regular member-two year term) July 31, 2013 (regular member-two year term) July 31, 2013 (regular member-two year term) July 31, 2013 (student member-two year term) Mayor McDuffie (Seat # 5) Commissioner Carney (Seat # 1) Commissioner Fetzer (Seat # 2) Commissioner Frankel (Seat # 3) Commissioner Gray (Seat # 4) Mayor McDuffie (Seat # 5) RECOMMENDATION Recommend appointment of one (1) regular member to serve on the Police Advisory Board for an unexpired term ending July 31, 2012, five (5) regular members to serve two (2) year terms ending July 31, 2013, and one (1) student member to serve a two (2) year term ending July 31, 2013. POLIC ADVISORY BOARD OS/11 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 a~ 0/20/10 07/31 /12 Isabel Make Unexp Appt 11/16/10 07/31 /11 MatthewMonahan Unexp Appt04/20/10 07/31/11 Unexp Appt Vacant 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 a~ 0/20/10 07/31/12 Unexp Appt Vacant 07/31 /11 Kevin Warner Unexp Appt 01/05/10 07/31/13 (Student) Vacant 07/31 /12 Brittany Smith Unexp Appt 09/10/09 Reappt 08/03/10 Student Contact: Venice Cobb 243-7056 S/CityQerk/Board 11/Police AchnsoryBoard City of Delray Beach Police Advisory Board -Applicants Exhibit A 1. Annette Annechild Resident 2. Wyana Claxton ResidentBusiness Owner 3. Lee Cohen Resident 4. Catherine DeMatto Resident 5. LeaAnne DeRigne Resident 6. Walter Earley Resident 7. Mercatur Guerrier Resident 8. John Jackson Resident 9. Samuel Menard Resident 10. Matthew Monahan Resident 11. Elisha Porter Student 12. Robert Shell Resident 13. Shelly Weil Resident 14. Brad Winney Resident MEMORANDUM TO: Mayor and City Commissioners FROM: Timothy Tack, Project Manager ESD/CRA Richard C. Hasko, Environmental Services Director THROUGH: David T. Harden, City Manager DATE: June 17, 2011 SUBJECT: AGENDA ITEM 9.Q. -REGULAR COMMISSION MEETING OF .TUNE 21, 2011 SERVICE AUTHORIZATION N0.07-15.3/MATHEWS CONSULTING, INC ITEM BEFORE COMMISSION Request for Commission approval and authorization for the Mayor to execute the service authorization amendment #07-15.3 with Mathews Consulting, Inc. for construction administration and additional design for SW 12 Ave./Auburn Ave./SW 14 Ave. improvements Project #2010-098. The cost of this Service Authorization is $21,858.00. BACKGROUND This project is in coordination with the Community Redevelopment Agency and Palm Beach County, and is part of the Southwest Area Neighborhood Redevelopment Plan. The service authorization for design was approved by City Commission on Apri16, 2010. That service authorization provided for the design of Roadway Improvements on SW 12th Avenue from Atlantic Avenue to SW 4th Street, Auburn Avenue from SW 4th Street to Auburn Drive, and SW 14th Avenue from SW 8th to SW 10th Street. As part of the SW Area Redevelopment, the Community Redevelopment Agency (CRA) plans to provide on-street parallel parking on SW 12th Ave. and move the vehicular access to the rear of the property. The CRA has identified twenty-six (26) properties that will accept rear parking areas along the project corridor. Service authorization amendment 1 was for design of parking spaces that will be accessed from the alley at the rear of the property, and for drainage along SW 4th Street from Auburn Avenue to SW 10th Street, which was approved by City Commission on September 7, 2010. Lighting improvements are proposed along the SW 12 Avenue corridor beginning at Atlantic Avenue and extending south to SW 1st Street. On March 15, 2011, City commission approved amendment 2 which provided for additional engineering design and bidding services to revise the proposed lighting from metal halide fixtures to LED fixtures. This Service Authorization is for the Landscape, Electrical and Construction Administration and additional design for back out parking at 42 SW 12th Avenue and lot #38 at SW 14th Avenue. Funding for these additional services will be provided by the Community Redevelopment Agency. Funding for the construction is provided by the Inter-Local Agreement with Palm Beach County in the amount not to exceed $1,000,000, which has a completion date of September 2011. FUNDING SOURCE Funding is provided in accordance with an Inter-local Agreement with the Community Redevelopment Agency, and is available in account # 334-3162-541-68.04, after budget transfer. RECOMMENDATION Staff recommends approval. CITY OF DELRAY BEACH CONSULTING SERVICE AUTHORIZATION DATE: SERVICE AUTHORIZATION NO. 07-15.3 FOR CONSULTING SERVICES CITY P.O. NO. CITY EXPENSE CODE: CITY PROJECT NO. MATHEWS CONSULT. PROJECT NO. 1544 TITLE: SW 12t" Av/Auburn/SW 14`" Av -Amendment No. 3 This Amendment No. 3, when executed, shall be incorporated in and shall become an integral part of Consulting Service Authorization No. 07-15. TITLE: Agreement for General Consulting En ing eerin~ Services I. PROJECT DESCRIPTION This Amendment No. 3 provides additional engineering design services and limited engineering services during construction of the street lighting, landscaping & irri ation for the S W 12`" Av/Auburn%S W 14t" Av project. The design scope of work is for (1) additional parking stall(s) added to the property at lot #42, SW 12t" Avenue and (2) additional parking stall(s) added to the property at lot #38, S W 14`" Avenue. The parking will be shown on the SW 12t" Avenue/Auburn Avenue/SW 14t" Avenue design drawings. Once the drawings have been approved by the City, the City will then issue the additional parking stalls to the Contractor as a Contract Change-Order. II. SCOPE OF SERVICES Phase III -Final Design Phase 1. Field reconnaissance of the proposed project limits shall be performed. Photograph log walk-through will be included. In addition, potential underground and above ground existing utilities will be identified. 2. Consultant shall prepare construction drawings which shall include: civil plan drawings, and detail sheets conforming to the requirements of the current City of Delray Beach Minimum Construction Standards. The drawing scale shall be 1" = 20' for plan and 1" = 2' for profile. Consultant shall prepare the engineering design elements on the Bid Drawings previously prepared by Consultant. . 3. Drawings (four copies) shall be submitted for City review at 90% and 100% stages. 4. At the 90% and .100% stages, Consultant shall prepare a detailed opinion of probable construction cost based upon the completed final design drawings approved by the City. The cost opinion shall reflect changes in general scope, extent or character of design requirements incorporated during the various design review stages. 5. Consultant shall provide internal QA/QC reviews on the 90% and 100% Design Documents (e.g. drawings and cost estimates). Phase V -Construction Administration Phase Task 5.1-Shop Drawing Review Review the Specialty Shop Drawings (street lighting, landscaping & irrigation) for general conformance with the design intent and provisions of the Contract Documents. Consultant will review and return shop drawing comments to the City. City will be responsible for receiving, logging and overall review of the shop drawings and distribution back to the Contractor. Task 5.2 -Specialty Inspections Consultant shall provide specialty inspections of the project during key construction intervals, for the following: • Decorative Street Lighting Work • Landscaping and Irrigation Work ASSUMPTIQNS Work described herein is based upon the assumptions listed below. If conditions differ from those assumed in a manner that will affect schedule of Scope of Work, Consultant shall advise City in writing of the magnitude of the required adjustments. Changes in completion schedule or compensation to Consultant will be negotiated with City. 1. City will provide all additional survey data needed for the design of the additional parking stalls. 2. The construction duration is 200 calendar days. 3. City personnel will provide daily inspections of the project. 2 III. TIME QF PERFORMANCE The completion dates for this work will be as follows (starting at written notice-to-proceed). En ing eering Services Time per Phase Cumulative Time Phase III -Final Design 30 days 30 days Phase V -Construction 200 days 170 days COMPENSATION The compensation for services provided shall be billed on an hourly basis plus reimbursable expenses for each phase of work in accordance with Article VII, Method II, up to the following not to exceed cost for each phase. Refer to AttachmentA for budget summary. En ing eering Services Phase III -Final Design Phase V -Construction Out-of-Pocket Expenses TOTAL PROJECT COST Estimated Fees $ 9,948.00 $ 11,660.00 $ 250.00~1~ $ 21,858.00 Notes: ~l~0ut-of-Pocket Expenses include the following: printing/reproduction and postage. This Service Authorization Amendment No. 3 is approved contingent upon the City's acceptance of and satisfaction of the completion of the services rendered in the previous phase whereas encompassed by the previous Service Authorization. If the City in its sole discretion is unsatisfied with the services provided in the previous phase or Service Authorization, the City may terminate the contract without incurring any further liability. The Consultant may commence work on any Service Authorization approved by the City to be included as part of the contract without any further notice to proceed. Approved by: CITY OF DELRAY BEACH: MATHEWS CONSULTING, INC. Date: Name Title Date: David Mathews, P.E., Vice President Witness Attest: Approved as to Legal Sufficiency and Form STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this _day of , 2011 by David Mathews, Vice President of Mathews Consulting, Inc., a Florida corporation, on behalf of the corporation. He/She is (personally known to me) or (has produced identification), Florida Driver's License and (did/did not) take an oath. Signature of person taking acknowledgement 4 M 01 w a ti a~ ~~ w~ _ ,~ ~~ Q ~ w N ti V tl d C ti A `ti U d 3 m C O ~ O O fl- ~ 3 N Z Offl 0 O O 0 O O O O O O tn U~ ~ ~ "O_'~ ~ ~ ~ ~ ~ ~ 00 ~ N p M O n O f' J ( 0 ~ ^ 0 ~ ~ T --~ ~ ~ r ~ 6 4 ~ ~ ~ ~ ~~ '~ ~ N N h In N r o ~ U~ ( O ~ w O~O CM O C ro~ O O p 0 ~ ~ ~U ~~ 0 2 O ~~ N~ W M M O M 0 O . ~Offl ~ ~ ~ w ~y C O L • ' O N ~ . o~v U , ~ ~, Q O O O p ~ ti. 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AUBURN D ~ R. ~ V P~J > > W ~ ~ a ~ a ~ ~ ~ Q ~~ H J QQ0 AUBURN CIR. S. a !n 0_ S.W. 7TF1 ST. AUBURN LJ TERR. 50. ~ S.W. 7TH ~ ~ S.W. 7TH ST. a ~ ~ Z ~ o _ ~ _ 3 a a a ~ ~' 3 N 3 vi 3 vi fN S.W. 7TH CT. 3 vi ~ s. w. a s.w. stH ~ ~ ~ ~ a a ~ a a s.w. sTH a n N ~ ~ o s.w. sTH 3 3 v;l 3 3 3 f/S N V) fN Vl S 10TH ~ ~ CITY of DELRAY BEACH SW 12 AV/AUBURN a a /SW 14 AV D AT E: 03/31 /2010 ® LOCATION M AP FILENAME d ~©@ ENVIRONMENTAL SERVICES DEPARTMENT 434 SOUiIi 8WMON AVEWUE, DELRAY 6EACH, FLOFIDA a?444 MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: June 13, 2011 SUBJECT: AGENDA ITEM 10.A. -REGULAR COMMISSION MEETING OF .TUNE 21, 2011 ORDINANCE NO. 18-11 ITEM BEFORE COMMISSION This is before City Commission for second reading and public hearingto amend Chapter 132, "Offenses Against Public Peace And Safety", by amending Section 132.09, "Skateboarding and the Like Prohibited", to provide that skateboarding shall be prohibited in City-owned parking garages. BACKGROUND At first reading on June 7, 2011, the City Commission passed Ordinance No. 18-ll. RECOMMENDATION Recommend approval of Ordinance No. 18-ll on second and final reading. Coversheet MEMORANDUM TO: Mayor and City Commissioners FROM: Catherine M. Kozol, Asst. City Attorney/Police Legal Advisor THROUGH: City Attorney DATE: ]une 1, 2011 SUB]ECT: AGENDA ITEM 12.A. -REGULAR COMMISSION MEETING OF JUNE 7, 2011 ORDINANCE NO. 18-11 ITEM BEFORE COMMISSION The item before the Commission is Ordinance 18-11 amending Chapter 132, Section 132.09, Skateboarding and the Like Prohibited. BACKGROUND This Ordinance amends the boundaries in which the public may operate skateboards within the City limits of Delray Beach. Under the new ordinance, skateboards will now be prohibited in any parking garage owned by the City including the Robert W. Federspiel Parking Garage and the Old School Square Parking Garage. RECOMMENDATION The City Attorney's Office recommends approval. http://itwebapp/AgendaIntranet/Bluesheet.aspx?ItemID=4538&MeetingID=319[6/10/2011 12:22:00 PM] ORDINANCE NO. 18-11 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY PEACH, FLORIDA, AMENDING CHAPTER 132, "OFFENSES AGAINST PUPLIC PEACE AND SAFETY", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY PEACH, FLORIDA, PY AMENDING SECTION 132.09, "SKATEPOARDING AND THE LIKE PROHIPITED", TO PROVIDE CERTAIN AREAS IN WHICH SKATEPOARDING SHALL PE PROHIPITED; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, skateboarding can cause damage to sidewallcs, wallcways, steps and other areas over which they traverse; and WHEREAS, skateboarding is a safety concern to residents and visitors, ancl, WHEREAS, skateboards Dave caused particular safety and damage concerns in the Old School Square Parking Garage and the Robert W. Federspiel Parking Garage; and WHEREAS, the City Commission has detem-tined it to be in the Cites best interest to prohibit skateboards in these areas. NOW, THEREFORE, PE IT ORDAINED PY THE CITY COMMISSION OF THE CITY OF DELRAY PEACH, FLORIDA, AS FOLLOWS: Section 1. That Chapter 132, "Offenses against Public Peace and Safety', Section 132.09, "Skateboarding and the like Prohibited", of the Code of Ordinances of the City of Delray Peach, Florida, be and the same is hereby amended to read as follows: Section 132.09 SKATEPOARDING AND THE LIKE PROHIPITED. It shall be unlawful for any person upon roller skates, skateboards, bicycles or riding in or by any means of any coaster, toy vehicle, play vehicle or similar device: (A) With the exception of bicycles, to go upon any sidewallc along Atlantic Avenue between the Intercoastal Waterway on the east and I 95 on the west; (B).~ To operate said devices in the Old School Sauare Parking Garage, in the Robert W. Federspiel Parking G arage or an~parking~age owned by the City (C) To operate said devices in a reckless manner on any public sidewalk. No person shall ride a skateboard or roller skate on a sidewallc without exercising due care for the safety of others using the sidewalk Andpenalty for violation of this Section shall be in accordance with Section 10.99 of the Code of Ordinances. 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 upon its passage on second and final reading PASSED AND ADOPTED in regular session on second and final reading on this the day of 2011. MAYO R ATTEST: City Clerk First Reading Second Reading 2 ORD. NO. 18-11 MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: June 13, 2011 SUBJECT: AGENDA ITEM 10.B. -REGULAR COMMISSION MEETING OF .TUNE 21, 2011 ORDINANCE NO. 19-11 ITEM BEFORE COMMISSION This is before City Commission for second reading and public hearingto consider amending Chapter 96, "Fire Safety and Emergency Services", and amending Section 96.16, "Certain Codes Adopted by Reference", to clarify the requirements for reconstruction. BACKGROUND At first reading on August 3, 2004, the City Commission passed Ordinance No. 19-ll. RECOMMENDATION Recommend approval of Ordinance No. 19-ll on second and final reading. Coversheet MEMORANDUM T0: Mayor and City Commissioners FROM: R. Brian Shutt, City Attorney DATE: May 31, 2011 SUB]ECT: AGENDA ITEM 12.B. -REGULAR COMMISSION MEETING OF JUNE 7, 2011 ORDINANCE NO. 19-11 ITEM BEFORE COMMISSION This ordinance is before Commission for first reading to consider amending Chapter 96, "Fire Safety and Emergency Services", amending Section 96.16, "Certain Codes Adopted by Reference", to clarify the requirements for reconstruction. BACKGROUND This ordinance provides for an exemption from the Florida Fire Prevention Code for reconstruction or rehabilitation of existing structures where the total area of the addition/renovation included in the modification does not exceed 50 percent of the area of the building. RECOMMENDATION Recommend approval of Ordinance No. 19-11. http://itwebapp/AgendaIntranet/Bluesheet.aspx?ItemID=4526&MeetingID=319[6/10/2011 12:22:39 PM] ORDINANCE NO. 19-11 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY PEACH, FLORIDA, AMENDING CHAPTER 96, "FIRE SAFETY AND EMERGENCY SERVICES", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY PEACH, FLORIDA, PY AMENDING SECTION 96.16, "CERTAIN CODES ADOPTED PY REFERENCE", TO CLARIFY THE REQUIREMENTS FOR RECONSTRUCTION; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the City Commission has the authority to protect the public health, safety and ~1fare of its citizens; and WHEREAS, the City Commission of the City of Delray Peach, Florida, desires to update its Code of Ordinances to clarify the requirements for reconstruction as set forth in the Florida Fire Prevention Code. NOW, THEREFORE, PE IT ORDAINED PY THE CITY COMMISSION OF THE CITY OF DELRAY PEACH, FLORIDA, AS FOLLOWS: Section 1. That Chapter 96, "Certain Codes Adopted by Reference", of the Code of Ordinances of the City of Delray Peach, Florida, be and the same is hereby amended to read as follows: Sec. 96.16. CERTAIN CODES ADOPTED BY REFERENCE. (A) The City adopts by reference and incorporates into this Code as though fully set out hereiry that certain code, as it may from time to time be amendec>, known as the Florida Fire Prevention Code, and the incorporated standards. (P) The City adopts by reference and incorporates into this Code, as though fully set out hereiry those specific codes and standards, from the Florida Fire Prevention Code. In addition to the codes adopted by the Florida Fire Prevention Code, the City of Delray Peach adopts National Fire Protection Association codes listed below and as they maybe amended: NFPA 18 2006 Wetting Agents NFPA 170 2006 Fire Safety Symbols NFPA 326 2005 Safeguarding Tanks and Containers NFPA 408 2004 Aircraft Hand Portable Fire Extinguishers NFPA 423 2004 Construction and Protection of Aircraft Engine Test Facilities NFPA 496 2003 Purged and Pressurized Enclosures for Electrical Equipment NFPA 502 2004 Road Tunnels, Fridges, and Limited Access Highways NFPA 720 2005 Household Carbon Monoxide Warning E quipment NFPA 780 2004 Installation of Lightning Protection Systems NFPA 820 2003 Fire Protection in Wastewater Treatment and Collection Facilities NFPA 914 2001 Fire Protection in Historic Structures NFPA 1141 2003 Planned Funding Groups NFPA 1962 2003 Care, Use and Service Testing of Fire Hose Including Connections and Nozzles NFPA 1961 2002 Fire Hose The City hereby adopts the following amendments to the Fire Prevention Code of the National Fire Protection Associatiory N.F.P.A. Pamphlet No. 1, included in the Florida Fire Prevention Code, adopted in this Chapter: (1) Section 13.3.2 is amended to include the following Icu~guage: Approved automatic fire sprinkler systems as hereinafter defined shall be installed throughout hereinafter constructed buildings and structures or appropriate sections thereof: (a) The following bundings of an institutional or educational character; all hospitals, ambulatory, surgical or treatment centers, nursing homes, homes for the aged, convalescent centers, rehabilitation facilities, day care centers caring for more than 12 clients Linder 1 year of age, adult congregate living facilities, and all occupancies and uses of similar nature to those herein stated, without regard to the type of construction or height of the bonding or structure involved (b) All new construction involving wood or partial wood frame bundings or structures which are 2 stories or more than 20 feet in height as measured from finish ground floor grade to the underside of the topmost roof assembly. Single- famny homes, duplexes and townhouses shall be exempt from this requirement except as provided in section (d) below For reconstruction or rehabilitation of 2 ORD. NO. 19-11 existing structures where the total area of the addition/renovation included in (c) All buildings or structures regardless of the type of construction which are 3 stories or more in height or all buildings or structures in excess of 30 feet in height as measured from the finish ground floor grade to the underside of the topmost roof assembly. (d) All buildings or structures regardless of the type of construction which are in excess of 12,000 square feet per floor, or an aggregate of 12,000 square feet if there is unprotected communication between floors or intemleecliate spaces. (e) All portions or sections of buildings or structures which are below grade or which constitute the basement area of a building or structure regardless of square footage of floor area or type of construction. The automatic fire sprinkler systems herein referred to and the installation thereof which is required by this ordinance shall be as contained in and provided for with the applicable standard specified for this section under appendix A of this Fire Prevention Code. (2) Section 13.2.2.2 is amended to include the following language: All hereafter constructed buildings and structures more than 3 stories in height or 36 feet in height or all buildings more than 2 stories in height and more than 30,000 square feet per floor level, shall be equipped with approved Class 1 standpipes to provide reasonable safety to persons and property. For purposes of this sectiory height is measured from finish ground floor grade to the underside of the topmost roof assembly. (3) Section 13.2.3 is amended to include the following Icu~guage: All systems, equipment, tanks, piping, devices, appliances, controls, or storage facilities over which the code contains regulatory provisions, or which are required by any other law, shall be maintained in operative condition at all times to provide the service for which installed All fire sprinkler, standpipe, and fire pump systems shall be annually inspected serviced and maintained under a written service contract with service companies licensed by the State of Florida to provide such services and which possess a current occupational license for the City of Delray Seach providing for regular maintenance and testing of the systems in accordance with the applicable standards specified under Appendix A of this Fire Prevention Code and N.F.P.A.13~ N.F.P.A.14A and N.F.P.A. 25. 3 ORD. NO. 19-11 The service company perfom-ting the maintenance and tests shall forward a written report to the Fire-Rescue Department indicating the nature of any repairs, modifications, and/or corrections completed by the service company, the date and time of such tests and inspections and any other information which maybe required by the fire-rescue services department. In addition, a copy of the service report must be maintained on the premises, and it shall be subject to inspection by the Fire-Rescue Departrr~ent at anytime. (4) Section 13.3.1.7 is amended to include the following language: Valves on connections to water supplies, sectional control and isolation valves, and other valves in supply pipes to sprinklers and other fixed water based fire suppression systems shall be supervised by an approved Central station signaling service. (5) Section 13.7.1.1 is amended to include the following language: Remote monitoring locations shall not be permitted to verify fire alarm signals prior to reporting them to the Fire-Rescue Department. 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 upon its passage on second and final reading PASSED AND ADOPTED in regular session on second and final reading on this the day of 2011. MAYO R ATTEST: City Clerk First Reading Second Reading 4 ORD. NO. 19-11