09-06-11 Regular MeetingCity of Delray Beach
Regular Commission Meeting
RULES FOR PUBLIC PARTICIPATION
Tuesday,
September 6,
2011
Regular
Meeting 6:00
p.m.
Public
Hearings 7:00
p.m.
Delray Beach
City Hall
1. PUBLIC COMMENT : The public is encouraged to offer comments with t he order
of presentation being as follows: City Staff, publi c comments, Commission discussion
and official action. City Commission meetings are b usiness meetings and the right to
limit discussion rests with the Commission. Generally, remarks by an individual
will be limited to three minutes or less . The Mayor or presiding officer has discretion
to adjust the amount of time allocated.
A.Public Hearings: Any citizen is entitled to speak o n 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 t he scope of jurisdiction of the
Commission under this section. The Commission may w ithhold comment or
direct the City Manager to take action on requests or comments.
C.Regular Agenda and First Reading Items: Public inpu t on agendaed items, other
than those that are specifically set for a formal p ublic hearing, shall be allowed
when agreed by consensus of the City Commission.
2. SIGN IN SHEET : Prior to the start of the Commission Meeting, ind ividuals
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 n ot 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. Th erefore, 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 in dividuals. Any person making
impertinent or slanderous remarks or who becomes bo isterous while addressing the
Commission shall be barred by the presiding officer from speaking further, unless
permission to continue or again address the Commiss ion is granted by a majority vote
of the Commission members present.
APPELLATE PROCEDURES
Please be advised that if a person decides to appea l any decision made by the City
Commission with respect to any matter considered at this meeting, such person will
need to ensure that a verbatim record includes the testimony and evidence upon which
the appeal is based. The City neither provides nor prepares such record.
100 N.W. 1st
Avenue Delray
Beach, FL
33444
Phone: (561)
243-7000
Fax: (561) 243-
3774
The City will furnish auxiliary aids and services t o afford an individual with a
disability an opportunity to participate in and enj oy the benefits of a service,
program, or activity conducted by the City. Contact Doug Smith at 243-7010, 24
hours prior to the event in order for the City to a ccommondate your request.
Adaptive listening devices are available for meetin gs in the Commission
Chambers.
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.August 2, 2011 - Regular Meeting
B.August 16, 2011 - Regular Meeting
6. PROCLAMATIONS:
A.NONE
7. PRESENTATIONS:
A.Keep Palm Beach County Beautiful Grant – Marjorie Ferrer
B.RESOLUTION NO. 31 -11:Approve Resolution No. 31 -11 recognizing and
commending Vivian Mitchell for 30 years of dedicate d service to the City of Delray
Beach.
8. CONSENT AGENDA: City Manager Recommends Approval
A. ACCEPTANCE OF A WATER UTILITY EASEMENT DEED/DELRAY
MOTORS, INC.:Approve and accept a water utility easement deed for Delray
Motors, Inc. for Delray Chrysler Jeep Dodge, locate d at 2102 South Federal
Highway .
B. FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION (FDE P)
PERMIT FEES: Approve payment of permit fees in the amount of $2 3,561.41 for
the upcoming Beach Renourishment fill event tentati vely scheduled for March,
2012 . Funding is available from 332 -4164 -572 -31.30 (Beach Restoration Fund:
Professional Services/Engineering/Architectural).
C. REQUEST FOR SIDEWALK DEFERRAL/738 SEASAGE DRIVE:Approve a
request to defer the installation of a sidewalk alo ng Seasage Drive for a proposed
single family residence located at 738 Seasage Driv e.
D. MODIFICATIONS TO THE CONTRACTOR PREQUALIFICATION
PROCEDURE AND APPLICATION PROCESS: Approve modifications to the
Contractor Prequalification Procedure and Applicati on process.
E. CONTRACT CLOSEOUT (C.O. NO. 1/FINAL)/VILA AND SON L ANDSCAPE
CORPORATION: Approve a Contract Closeout (Change Order No. 1/Fin al) in the
amount of a $92,897.68 decrease and final payment in the amount of $27,971.60 to
Vila and Son Landscape Corporation for completion of the Atlantic Avenue Median
Landscape Beautification Project . Funding is available 334 -3162 -541 -61.15 (General
Construction Fund: Capital Outlay/Improvements -Medians).
F. AMENDMENT NO. 1 TO THE ELEVATOR MAINTENANCE SERVICE
CONTRACT/ORACLE ELEVATOR COMPANY: Approve Amendment No. 1 to
the Elevator Maintenance Service Contract with Orac le Elevator
Company providing for the addition of the elevator at Mille r Park. Funding is
available from 001 -4121 -572 -34.90 (General Fund: Other Contractual Service).
G. AMENDMENT NO. 1 TO THE AGREEMENT (CHANGE ORDER NO.
1)/SOUTHLAND PAINTING CORPORATION: Approve Amendment No. 1 to the
Agreement (Change Order No. 1) to Southland Paintin g Corporation in the amount
of $28,935.00 for the additional rehabilitation work of Clarifier #4 at the Water
Treatment Plant. Funding is available from 442 -5178 -536 -46.90 (Water & Sewer &
Replacement Fund: Repair & Maintenance Service/Othe r Repair/Maintenance
Cost).
H. AMENDMENT NO. 1 TO THE JOINT PARTICIPATION AGREEMEN T,
FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT): GATEWA Y
FEATURE: Approve Amendment No. 1 to the Joint Participation Agreements with
the Florida Department of Transportation (FDOT) for the proposed landscaping
along Atlantic Avenue (SR 806) from I -95 to N.W./S.W. 12 th Avenue.
I. INTERLOCAL AGREEMENT/PALM BEACH COUNTY FOR S.W. 12T H
AVENUE/AUBURN AVENUE/S.W. 14TH AVENUE :Approve an Interlocal
Agreement with Palm Beach County for reimbursement to the City in the amount of
$1,000,000.00 for costs associated with improvement s along S.W. 12th
Avenue/Auburn Avenue/S.W. 14th Avenue from S.W. 10t h Street to West Atlantic
Avenue.
J.
DISASTER RECOVERY INITIATIVE (DRI)/HOUSING REHABILI TATION
CONTRACT AWARD: Approve one Housing Rehabilitation contract award
for 354 N.W. 6 th Avenue to South Florida Construction Services, Inc ., the lowest
responsive bidder, in the amount of $37,875.95 for housing rehabilitation under the
Disaster Recovery Initiative (DRI) Program. Funding is available from 118 -1960 -
554 -49.19 (Neighborhood Services: Other Current Charges /Housing Rehabilitation).
K. FOURTH AMENDMENT TO DISASTER RECOVERY INITIATIVE
AGREEMENT (DRI2)/PALM BEACH COUNTY: Approve a fourth Amendment to
the agreement between the City and Palm Beach Count y for the Disaster Recovery
Initiative Housing Rehabilitation Program (DRI2) Pr ogram as proposed.
L. ANNUAL PROJECT HOLIDAY/YOU ARE NOT ALONE ORGANIZATI ON:
Approve a request for city support and assistance f or the 6 th Annual Project
Holiday sponsored by the You Are Not Alone Organiza tion, which provides
packages to armed services personnel.
M. AMENDMENT NO. 1 TO THE LEASE AGREEMENT/DELRAY BEACH
LIBRARY ASSOCIATION, INC.: Approve Amendment No. 1 to the Lease
Agreement with Delray Beach Library Association, In c.
N. SUBLEASE AGREEMENT/DELRAY BEACH LIBRARY ASSOCIATION ,
INC./BUZZ AGENCY, LLC.: Approve a Sublease Agreement between the Delray
Beach Library Association, Inc. and the Buzz Agency , LLC. for twenty -six (26)
months with two (2) two (2) year optional renewals.
O. INTERLOCAL AGREEMENT/PALM BEACH COUNTY DEPARTMENT O F
ENVIRONMENTAL RESOURCES MANAGEMENT:Approve an Interlocal
Agreement with Palm Beach County to provide for a fair share contribution by the
City for funding of the administration of the Count y Department of Environmental
Resources Management (DERM) Wellfield Protection Pr ogram.
P. CONTRACT ADDITION (CHANGE ORDER NO. 2)/BRANG CONSTR UCTION
INC.: Approve a Contract Addition (Change Order No. 2) to Brang Construction,
Inc. in the amount of $8,900.00 for two (2) additional decorative columns for the
Martin Luther King Jr. Drive Beautification Project . Funding is available from
Contract's Unforeseen Conditions Allowance and from 334 -4141 -572 -68.57 (General
Construction Fund: Other Improvement/Cultural Loop/MLK Drive Phase I).
Q. ADDITIONAL SCOPE/FOSTER MARINE CONTRACTORS,
INC.:Approve additional scope with Foster Marine Contrac tors, Inc. for work to
relocate ten (10) sewer cleanouts for the S.W. 12 th Avenue/Auburn/S.W. 14 th
Avenue Project to be paid from the Unforeseen Condi tions Allowance.
R. RESOLUTION NO. 33 -11/BUDGET AMENDMENT: Approve Resolution No. 33 -
11 amending Resolution No. 55 -10 and Resolution No. 25 -11 which made
appropriations of sums of money for all necessary e xpenditures of the City of Delray
Beach for FY 2010/2011, by setting forth the antici pated revenues and expenditures
for the operating funds of the City for FY 2010/201 1.
S. EXTENSION OF THE INSURANCE AGENT/BROKER SERVICE
AGREEMENT/THE PLASTRIDGE AGENCY, INC.: Approve an extension of the
Insurance Agent/Broker Service Agreement with Th e Plastridge Agency, Inc. for
an additional one year period beginning 10/1/11. Fu nding is available from 551 -
1575 -591 -45.11(Insurance Fund/Insurance/General Liability Pr emiums), 551 -1575 -
591 -45.31 (Insurance Fund/Insurance/Package Policy Prem ium), and 551 -1575 -591 -
4532 (Insurance Fund/Insurance/Package Policy Premi ums, Excess Workers' Comp
Premium).
1. PROPOSED RENEWAL OF PROPERTY AND CASUALTY
INSURANCE/THE PLASTRIDGE AGENCY, INC.: Approve a
proposed renewal of the City's major property and c asualty insurance
programs, including workers' compensation, for the period October 1, 2011
thru September 30, 2012. Funding is available from 551 -1575 -591 -45.11
(Insurance Fund/Insurance/General Liability Premium s), 551 -1575 -591 -45.31
(Insurance Fund; Insurance Package Policy Premium), and 551 -1575 -591 -45.32
(Insurance Fund; Insurance Package Policy Premiums, Excess Workers' Comp
Premium).
T. EXTENSION OF CONSULTING AGREEMENT/GALLAGHER BENEFI T
SERVICES, INC.: Approve an extension of the Consulting Agreement with
Gallagher Benefit Services, Inc. in the expected am ount of $114,654.00 for employee
benefits management consulting services. Funding i s available from 551 -1575 -591 -
45.20 (Insurance Fund: Insurance/Claims Handling Co sts ).
U. STATE HOMELAND SECURITY GRANT AGREEMENT: Approve an
Agreement with the Florida Department of Financial Services in the amount
$53,716.00 to accept the 2010 Domestic Preparedness Grant from the State
Homeland Security Grant Program to sustain equipment and training for hazardous
materials incidents and incidents involving weapons of mass destruction.
V. MEMORANDUM OF UNDERSTANDING/DEPARTMENT OF HIGHWAY
SAFETY:Approve a Memorandum of Understanding with the Depa rtment of
Highway Safety to provide the Police Department acc ess to D.A.V.I.D. (Driver and
Vehicle Information Database) which allows searches of driver license records and
vehicles to aid law enforcement in investigations .
W. GRANT APPLICATION; 2011 ASSISTANCE TO
FIREFIGHTERS: Authorize submission of a grant application to the Federal
Emergency Management Agency for the 2011 Assistance to Firefighters Grant.
X. GRANT AWARD/RECOVERY ACT EDWARD BYRNE MEMORIAL JUST ICE
ASSISTANCE GRANT (JAG): Approve and accept the FY 2011 Recovery Act
Edward Byrne Memorial Justice Assistance Grant (JAG ) award in the amount of
$53,503.00 which will provide funding to support th e Holiday Robbery Task Force.
Y. BOND COUNSEL SERVICE/ GREENBERG, TRAURIG, LLP/STEVEN D.
SANFORD :Appoint Steven D. Sanford of Greenberg, Traurig, LLP as bond counsel
for two (2) proposed water and sewer re -financings.
Z.
FINANCIAL ADVISORY SERVICES/JAY GLOVER :Appoint Jay Glover, Public
Financial Management, to act as financial advisor f or two (2) proposed water and
sewer re -financings.
AA. RESOLUTION NO. 37 -11: Approve Resolution No. 37 -11 assessing costs for
abatement action required to remove nuisances on fi ve (5) properties throught the
City.
BB. SPECIAL EVENT REQUEST/12 TH ANNUAL DOWNTOWN DELRAY BEACH
THANKSGIVING WEEKEND ART FESTIVAL: Approve a special event request
for the 12 th Annual Downtown Delray Beach Thanksgiving Weekend Art Festival to
be held on November 26 -27, 2011 from 10:00 a.m. until 5:00 p.m., to grant a
temporary use permit per LDR Section 2.4.6(F) for t he use of N.E. 2 nd Avenue from
the alley just north of Atlantic Avenue to approxim ately 400 feet north of N.E. 3 rd
Street, leaving an access lane to the City Walk par king garage, and to authorize staff
support for traffic control, security, and Fire Ins pector with the sponsor paying all
overtime costs.
CC. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS :
Accept the actions and decisions made by the Land D evelopment Boards for the
period August 15, 2011 through September 2, 2011 .
DD.AWARD OF BIDS AND CONTRACTS:
1.Purchase award to Kuhn Flooring Gallery I LLC., in the amount of $28,030.00
for the replacement of floor covering at Fire Headquarters Station No. 1
including removal of old floor covering, labor and materials. Funding is
available from 001 -2311 -522 -46.10 (General Fund: Repair & Maintenance
Services/Building Maintenance).
2.Purchase award to Innovyze in the amount of $27,000 .00 for the purchase of a
Water Modeling program, “InfoWater Suite 8.1 ”. Funding is available from
441 -5123 -536 -66.10 (Water and Sewer Fund: Books/Publications/Software ).
3.Contract award to Foster Marine Contractors, Inc. i n the amount of $46,800.00
for the annual Lift Station Rehabilitation program. Funding is available from
442 -5178 -536 -68.15 (Water & Sewer Renewal & Replacement Fund:
Improvements Other/Lift Station Rehabilitation).
4.Contract award to Odums Sod, Inc. in the amount of $16,500.00 for 100,000
square feet of sod for the S.W. 3 rd Street and 6 th Ave Water Main Upgrade
Project. Funding is available from 442 -5178 -536 -68.62 (W & S Renewal &
Replacement Fund: Improvements Other/S.W. 3 rd Street & 6 th Avenue WM
Upgrade).
5.Purchase award to Motorola in the amount of $18,316 .46 for four (4) Motorola
APX6000 portable radios in an effort to maintain eq uipment quality and service
readiness. Funding is available 001 -2315 -526 -64.90 (General Fund:
Machinery/Equipment/ Other Machinery/Equipment).
6.Purchase award to Bergeron Sand, Rock & Aggregate, Inc. in the amount of
$16,500.00 for 1,000 tons of limerock, to be installed by the City 's in -house
construction crew, for the S.W. 3 rd Street and 6 th Avenue Water Main Upgrade
Project. Funding is available from 442 -5178 -536 -68.62 (W & S Renewal &
Replacement Fund: Improvements Other/S.W. 3 rd Street & 6 th Avenue WM
Upgrade).
9. REGULAR AGENDA:
A.BID AWARD/ RANDOLPH AND DEWDNEY CONSTRUCTION, INC.: Consider
approval of a bid award to Randolph and Dewdney Con struction, Inc. in the amount
of $456,710.00 for renovations to the Pompey Park C oncession Stand. Funding is
available from 334 -4127 -572 -62.10 (General Construction Fund: Building).
B.SETTLEMENT OFFER IN DOMINICK DIVENCENZO V. CITY OF DELRAY
BEACH: Consider a Settlement Offer in the total amount o f $25,000.00 in
Dominick DiVencenzo v. City of Delray Beach.
C.SPECIAL EVENT REQUEST/13 th ANNUAL GARLIC FESTIVAL: Consider
approval of a special event request for the 13 th Annual Garlic Festival to be
held February 10 -12, 2012, and grant a temporary use permit per LDR Section 2.4.6
(F) for use of City rights -of -way to include N.E. 1st Avenue from Atlantic to the
grass area at Old School Square, Swinton Avenue fro m Atlantic to N.E. 1st Street
and Old School Square Park, from 6:00 a.m., Februa ry 10 through midnight,
February 12, 2012 and use of the Old School Square Parking Garage, CRA parking
lots in Block 60, City Hall north lot, City Attorne y lot and the County Parking
Garage, and authorize staff support for traffic con trol and security, EMS assistance,
barricading, banner hanging, signage preparation an d installation, use of a City
generator, and waiver of the two (2) hour parking l imit in the downtown area
during the event subject to the conditions listed i n the staff report.
D.COMMISSION LIAISON APPOINTMENTS/SEAT #2: Reassignment of City
Commission Seat #2 Liaison Appointments to various Advisory Boards and outside
agencies .
E.APPOINTMENT TO THE HISTORIC PRESERVATION BOARD: Appoint one
(1) regular member to serve a two (2) year term end ing August 31, 2013 to the
Historic Preservation Board. Based upon the rotatio n system, the appointment will
be made by Commissioner Gray (Seat #4).
F.APPOINTMENTS TO THE CODE ENFORCEMENT BOARD: Appoint one (1)
regular member and one (1) alternate member to the Code of Enforcement Board to
serve unexpired terms ending January 14, 2013. Base d upon the rotation system, the
appointments will be made by Mayor McDuffie (Seat #5) and Commissioner Carney
(Seat #1).
G.APPOINTMENT TO THE BOARD OF ADJUSTMENT:Appoint one (1) regular
member to the Board of Adjustment to serve an unexp ired term ending August 31,
2012. Based upon the rotation system, the appointme nt will be made by
Commissioner Carney (Seat #1).
H.APPOINTMENT TO THE NEIGHBORHOOD ADVISORY COUNCIL: Appoint
one (1) regular member for Zone 2 to the Neighborho od Advisory Council to serve a
three (3) year term ending July 31, 2014. Based upo n the rotation system, the
appointment will be made by Commissioner Carney (Se at #1).
I.APPOINTMENT TO THE FINANCIAL REVIEW BOARD: Appoint one (1)
alternate member to the Financial Review Board to s erve an unexpired term ending
July 31, 2013. Based upon the rotation system, the appointment will be made by
Commissioner Alperin (Seat #2).
J.APPOINTMENT TO THE POLICE ADVISORY BOARD: Appoint one (1) regular
member to the Police Advisory Board to serve an une xpired term ending July 31,
2012. Based upon the rotation system, the appointme nt will be made by
Commissioner Gray (Seat #4).
K.APPOINTMENT TO THE KIDS AND COPS COMMITTEE: Appoint one (1) At -
Large -Representative to the Kids and Cops Committee to se rve a two (2) year term
ending July 31, 2013. Based upon the rotation syste m, the appointment will be made
by Commissioner Gray (Seat #4).
10. PUBLIC HEARINGS:
A.RESOLUTION NO. 34 -11 (TENTATIVE MILLAGE LEVY): A resolution
tentatively levying a tax on all properties within the City of Delray Beach for
operation and maintenance and for payment of princi pal and interest on bonded
indebtedness for FY 2012 .
B.RESOLUTION NO. 35 -11 (TENTATIVE MILLAGE LEVY/DDA): A resolution
tentatively levying a tax of one mill on all proper ties within the Downtown
Development Authority Taxing District of the City o f Delray Beach for FY 2012 .
C.RESOLUTION NO. 36 -11 (TENTATIVE BUDGET ADOPTION FOR FY 2012): A
resolution tentatively making appropriations of sum s of money for all necessary
expenditures of the City of Delray Beach for the pe riod October 1, 2011 through
September 30, 2012 .
11. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS FROM THE PUBLIC-
IMMEDIATELY FOLLOWING PUBLIC HEARINGS:
A.City Manager's response to prior public comments and inquiries.
B.From the Public.
12. FIRST READINGS:
A.ORDINANCE NO. 29 -11: Consider a city -initiated amendment to the Land
Development Regulations (LDR) Section 4.4.13 “Central Business (CBD) District ”,
Subsection (G), “Supplemental District Regulations ” and Section 4.4.24, “Old
School Square Historic Arts District (OSSHAD)”, Subsection (G), “Supplemental
District Regulations ” to clarify the parking requirements for restaurants . If passed,
a public hearing will be held on September 20, 2011 .
B.ORDINANCE NO. 27 -11:Consider amendments to the Community Redevelopment
Agency (CRA) Plan. If passed, a public hearing will be held on September 20, 2011.
C.ORDINANCE NO . 28 -11: C onsider an ordinance which provides definitions for
fraud, waste, abuse, misconduct and mismanagement r elated to the Palm Beach
County Inspector General. If passed, a public heari ng will be held on September 20,
2011.
D.ORDINANCE NO. 30 -11:Consider an Ordinance amending Chapter 96, “Fire
Safety and Emergency Services ”, of the Code of Ordinances, by amending Section
96.16, “Certain Codes Adopted by Reference ”, to promote clarity, conciseness, and a
common sense methodology. If passed, a public heari ng will be held on September
20, 2011.
E.ORDINANCE NO. 31 -11: Consider an amendment to Chapter 35, “Employee
Policies and Benefits ”, Section 35.089, “Definitions ”, to revise the definition of
“Normal Retirement Date ”. If passed, a public hearing will be held on Septemb er
20, 2011.
F.ORDINANCE NO. 26 -11:Consider a city -initiated amendment to the Land
Development Regulations (LDR), to amend Article 2.2 , “Establishment of Boards
Having Responsibilities for Land Development Regula tions ”, and to amend Section
4.4.6, “Medium Density Residential (RM)”, to provide for housekeeping corrections
to outdated references. If passed, a public hearing will be held on September 20,
2011 .
G.ORDINANCE NO. 33 -11:Consider an a mendment Amending Chapter 91,
“Animals ”, Section 91.03, “Trapping, Hunting Birds ”; Chapter 95, “Emergency
Management ”, Section 95.05, “Declaration of a State Of Emergency ”, and Section
95.09, “Police Emergencies ”; Chapter 96, “Fire Safety and Emergency Services ”,
Section 96.25, “Discharge Or Use of Fireworks, Pyrotechnic Devices and Special
Effects ”; Chapter 101, “Parks, Beaches and Recreation ”, Section 101.20, “Firearms
and Weapons; Fireworks ”, Section 101.36, “Additional Rules Applying to Parks,
Recreational Facilities and the Municipal Beach ”, Subsection 101.36(D), “Safety
Hazards ”, and Subsection 101.36(E), “Nuisances at Parks, Recreational Facilities
and Municipal Beach Sites ”; and Chapter 132, “Offenses Against Public Peace and
Safety ”, by repealing Section 132.02, “Disturbing the Peace; Public Places ”, of the
Code Of Ordinances, to conform with regulations set forth in House Bill 45
amending Section 790.33, Florida Statutes and to ot herwise comply with State and
Federal Statutes . If passed, a public hearing will be held on Septemb er 20, 2011 .
13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS:
A.City Manager
B.City Attorney
C.City Commission
08/02/11
AUGUST 2, 2011
A Regular Meeting of the City Commission of the City of Del ray Beach,
Florida, was called to order by Mayor Nelson S. McDuffie in the C ommission Chambers
at City Hall at 6:00 p.m., Tuesday, August 2, 2011.
1. Roll call showed:
Present - Commissioner Tom Carney
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 Greg Fitch, Chaplain w ith Hospice
by the Sea and Chief of Chaplains with Delray Beach Police & Fire Resc ue.
3. The Pledge of Allegiance to the flag of the United States of A merica was
given.
4. AGENDA APPROVAL.
Mayor McDuffie stated staff has requested to postpone Item 7.A.
S.P.I.R.I.T. (Service, Performance, Integrity, Responsibility, Innovat ion,
Teamwork) Committee Quarterly Awards Presentation),
Mr. Carney moved to approve the Agenda as amended, seconded by Mrs.
Gray. Upon roll call the Commission voted as follows: Mr. Franke l – Yes; Mrs. Gray –
Yes; Mayor McDuffie – Yes; Mr. Carney – Yes. Said motion passed with a 4 to 0 vot e.
5. APPROVAL OF MINUTES:
Mrs. Gray moved to approve the Minutes of the Special/Workshop
Meeting of July 12, 2011, seconded by Mr. Frankel. Upon roll call the Com mission
voted as follows: Mrs. Gray – Yes; Mayor McDuffie – Yes; Mr. Carney – Yes; Mr.
Frankel – Yes. Said motion passed with a 4 to 0 vote.
Mr. Frankel moved to approve the Minutes of the Regular Meeting of July
19, 2011, seconded by Mrs. Gray. Upon roll call the Commission voted as f ollows:
Mayor McDuffie – Yes; Mr. Carney – Yes; Mr. Frankel – Yes; Mrs. Gray – Yes. Said
motion passed with a 4 to 0 vote.
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08/02/11
6. PROCLAMATIONS:
6.A. None
7. PRESENTATIONS:
7.A. THIS ITEM HAS BEEN POSTPONED TO THE NEXT REGULAR
MEETING OF AUGUST 16, 2011.
7.B. 25 th Annual Delray Citizens for Delray Police Scholarship
Presentation - Perry DonFrancisco
Perry DonFrancisco, Delray Citizens for Delray Police, thanked t he City
of Delray Beach for allowing Delray Citizens for Delray Pol ice the opportunity to present
the 2011 scholarship to this year’s recipients and stated the reci pients are the children of
Delray Beach Police sworn officers. Mr. DonFrancisco stated Delray Citizens for Delray
Police has provided this scholarship for 25 consecutive years. Mr. DonFrancisco
presented the following recipients with 2011 scholarships:
• Amber Evans
• Nicole Finley
• Christopher Hart
• Darrell Hunter II
• Lauren Heysler
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 Trea tment and Disposal
Board adopting a budget for FY 2012 at their Quarterly Meeting of July 21 , 2011.
8.B. REQUEST FOR SIDEWALK DEFERRAL/115 GROVE WAY:
Approve a request to defer the installation of sidewalk along N.W . 2nd Avenue and
Grove Way for the property located at 115 Grove Way.
8.C. INCREASE TO THE BLANKET PURCHASE AWARD/BAKER’S
TRANSPORT SERVICES: Approve an increase to the blanket purchase award with
Baker’s Transport Services (BTS) in the amount of $55,000.00 to continue provid ing
hauling and disposal services for liquid lime slurry from the Water Treatment Plant
(WTP) through the remainder of the fiscal year. Funding is availab le from 441-5122-536-
34.90 (Water and Sewer Fund: Other Contractual Services).
8.D. INCREASE TO THE BLANKET PURCHASE AWARD/DEVLAND
SITE DEVELOPMENT INC.: Approve an increase to the blanket purchase award with
Devland Site Development Inc. in the amount of $42,000.00 to continue providing
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08/02/11
hauling and disposal services of lime sludge from the Water Tre atment Plant (WTP)
through the remainder of the fiscal year. Funding is available fr om 441-5122-536-34.90
(Water and Sewer Fund: Other Contractual Services).
8.E. RATIFICATION OF APPOINTMENTS TO THE PARKING
MANAGEMENT ADVISORY BOARD: Approve and ratify the appointments of Mr.
Herman Stevens, Community Redevelopment Agency and Mr. Mark Krall, Planning and
Zoning Board, for two (2) year terms ending July 31, 2013.
8.F. AMENDMENT NO. 1 TO THE LEASE AGREEMENT/SCHOOL
BOARD OF PALM BEACH COUNTY/HILLTOPPER STADIUM: Approve
Amendment No. 1 to the Lease Agreement between the City and the S chool Board of
Palm Beach County for the use of School Facilities.
8.G. AMENDMENT NO. 4 TO THE INTERLOCAL
AGREEMENT/SCHOOL BOARD OF PALM BEACH COUNTY /SEACRE ST
SOCCER COMPLEX: Approve Amendment No. 4 to the Interlocal Agreement to
update the hours of use of the Seacrest Soccer Complex.
8.H. GRANT AWARD/DEPARTMENT OF HOMELAND SECURITY;
STAFFING FOR ADEQUATE FIRE AND EMERGENCY RESPONSE (SAFER):
Authorize acceptance of the Staffing for Adequate Fire and Emer gency Response
(SAFER) Grant in the amount of $595,982.00 to hire four (4) additional
Firefighter/Paramedics to complete the staffing at Fire Station No. 2.
8.I. FY 2012 TENNIS RATES/TENNIS FACILITIES: Approve the
proposed maximum rates for the Tennis Facilities.
8.J. FY 2012 GOLF RATES/LAKEVIEW GOLF COURSE: Approve the
proposed maximum rates for the Lakeview Golf Course.
8.K. FY 2012 GOLF RATES/DELRAY BEACH MUNICIPAL GOLF
COURSE: Approve the proposed maximum rates for the Delray Beach Munici pal Golf
Course.
8.L. AGREEMENT/BURTON & ASSOCIATES INC./FIRE
ASSESSMENT FEE: Approve an agreement with Burton & Associates, Inc. in the
amount of $41,378.00 to conduct a study for implementation of a Fire Assessment Fee .
8.M. SPECIAL EVENT REQUEST/SANDOWAY HOUSE BLUE
WATER RUN: Approve the endorsement of a new event, Sandoway House Blue
Water Run, sponsored by Sandoway House Nature Center to be held on Nove mber 12,
2011 from 6:15 a.m. until approximately 11:00 a.m., to grant a temporary use permit per
LDR Section 2.4.6(F) for use of Ingram Parking lot and the City right-of-way along
Ocean Boulevard from Casuarina to George Bush Boulevard, to waive parking me ter fees
in Ingram Parking lot and the Sandoway lot, and to authorize staff su pport for traffic
control and barricading, site cleanup and use of the small City stage; contingent upon
receipt of Certificate of Liability Insurance and Hold Harm less Agreement fourteen (14)
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days prior to the event.
8.N. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD
ACTIONS: Accept the actions and decisions made by the Land Development Boa rds
for the period July 18, 2011 through July 29, 2011.
8.O. AWARD OF BIDS AND CONTRACTS:
1. Contract award to Line-Tec in the amount of $72,874.75 for
installing water meters and connecting customers along Martin
Luther King Jr. Drive and for connecting the Pompey Park facil ity
to the Reclaimed Water system. Funding is available from 441-
5161-536-49.23 (Water and Sewer Fund: Other Current
Charges/OB/Reclaim Water Distribution System).
2. Purchase award to HiTech Coatings, Inc. in the amount of
$16,340.00 for installation of a new flooring system in the locker
rooms and shower areas at Pompey Park Pool. Funding is
available from 001-4135-572-46.10 (General Fund: Repair and
Maintenance Services/Building Maintenance).
3. Purchase award to Cartegraph Systems, Inc. in the amount of
$177,708.21 for licensing, installation and training for an asset
management system with application modules for public utilitie s,
engineering and storm water functions. Funding is available from
441-5161-536-66.10 (Water and Sewer Fund:
Books/Publications/Software).
Mr. Frankel moved to approve the Consent Agenda, seconded by Mrs.
Gray. Upon roll call the Commission voted as follows: Mr. Carne y – Yes; Mr. Frankel –
Yes; Mrs. Gray – Yes; Mayor McDuffie – Yes. Said motion passed with a 4 to 0 vote .
9. REGULAR AGENDA:
9.A. CONDITIONAL USE REQUEST/SEGWAY TOURS OF DELRAY
BEACH: Consider approval of a Conditional Use Request to establish a Segw ay tour
and sales facility known as Segway Tours of Delray Beach loc ated at 162 Pineapple
Grove Way. (Quasi-Judicial Hearing)
Mayor McDuffie read the City of Delray Beach procedures f or a Quasi-
Judicial Hearing into the record and stated Items 9.A., 9.B., 9.B.1, and 9.C. are all quasi-
judicial hearings and anyone wishing to speak should stand and be sworn in by the City
Clerk.
Chevelle D. Nubin, City Clerk, swore in those individuals who wished to
give testimony on this item.
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Mayor McDuffie asked the Commission to disclose their ex par te
communications. The Commission had no ex parte communications to disclose.
Paul Dorling, AICP, Director of Planning and Zoning, entered the
Planning and Zoning Department project file #2011-127 into the record.
Paul Dorling, AICP, Director of Planning and Zoning, stated this i tem is a
conditional use for Segway Tours of Delray Beach and on April 5, 2011 the City
Commission approved a land development regulation text amendment to in clude Segway
tours and Segway sales as a conditional use in the CBD (Central Business District). Mr.
Dorling stated this business will occupy 162 approximately 6,000 squa re feet in a plaza
located on Pineapple Grove Way. He stated it will operate tours between t he hours of 9-5
Monday-Sunday and briefly reviewed the tour map. Mr. Dorling state d one of the
conditions in the approval is that the segment on the tour map be m odified and that an
additional modified version be submitted as part of this.
At its meeting of May 26, 2011, the Community Redevelopment Agency
(CRA) considered this and recommended approval subject to the revise d tour maps being
provided; at its meeting of June 13, 2011, the Downtown Development Authorit y (DDA)
reviewed this and recommended approval. Mr. Dorling stated sta ff recommends
approval subject to the six (6) conditions listed in the staff report.
Kyle Bojan, 162 N.E. 2 nd Avenue, Delray Beach, FL 33444, stated they
are in the process of redoing their routes to meet the cri teria that they wanted. He stated
he agrees with staff and they are doing their best to meet all the require ments.
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.
Alice Finst, 707 Place Tavant, Delray Beach, FL 33445, expressed
concern about where they will be training the people who are goi ng to be on the segways
and also expressed concern over the safety of them.
Mr. Bojan stated originally they were asked to not train in the back
alleyway and they were continuing to train there because the roa d has been closed off.
He stated if need be they can move indoors and train within their store.
There being no one else from the public who wished to address the
Commission regarding the conditional use request, the public hearing was c losed.
Mr. Dorling stated the conditional use application does include an indoor
designated area for training.
Mr. Frankel stated when this was first before the Commission he was
particularly concerned with safety vests and other conditions. He a sked if those
conditions are still active if this is passed this evening. Mr . Dorling stated there was a
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whole series of conditions that were not only applied to tour operator s but any individual
operator and that is contained in Ordinance No. 5-11 and are in affect.
Mr. Carney stated he wanted to make sure that the portion that wa s
originally shown along A-1-A and removing it so that A-1-A is not going to be par t of the
tour. Mr. Dorling stated the ordinance that was passed does not all ow on the east side of
A-1-A from the north end of the municipal beach to Casuarina Road.
Mrs. Gray stated she has been on segways and expressed concern over
there not being adequate space to train on them indoors. She also exp ressed concern over
the safety of training in such a small area.
Mr. Bojan stated they originally planned on training on their own p rivate
property behind the store location; however, the City informed the m that this was non-
conforming and even though it is private property they are not al lowed to train there. He
stated they started to use the alleyway but there is traffi c, etc. and then came to the
conclusion that they would train inside. Mr. Bojan stated their tour location is one of the
only in the country that has not had a single injury reported.
After brief discussion by the Commission, it was the consensus to have the
applicant work staff to see if anything else can be worked out with regard to having the
training for the segways outside versus indoor training.
The City Attorney briefly reviewed the Board Order with the C ommission
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 subject to the six (6)
conditions listed on Exhibit “A”, seconded by Mrs. Gray. Upon roll call the Commission
voted as follows: Mr. Frankel – Yes; Mrs. Gray – Yes; Mayor McDuffie – Yes; Mr.
Carney – Yes. Said motion passed with a 4 to 0 vote.
9.B. CONDITIONAL USE REQUEST/VILLAGE SQUARE: Consider
approval of a Conditional Use Request to allow a density in excess of twelve (12) units
per acre in conjunction with the construction of 253 residential units on 18.18 acres
which results in a density of 13.91 units per acre for Village Squa re located on the east
side of Auburn Avenue, and S.W. 13th Avenue between S.W. 7th Street and S.W . 10th
Street. (Quasi-Judicial Hearing)
Mayor McDuffie asked the Commission to disclose their ex par te
communications. Mr. Frankel stated he had communications with Cito Begurinstein.
Mrs. Gray stated she had communications with Cito Begurinstei n, Dr. Victor Kirson, and
staff. Mayor McDuffie and Mr. Carney had no ex parte communications to disclose .
Paul Dorling, AICP, Director of Planning and Zoning, entered the
Planning and Zoning Department project file # 2011-108 into the record.
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Mr. Dorling stated this is a conditional use request to allow a de nsity in
excess of 12 units per acre (13.91 du/ac) in accordance with the provi sion of the City’s
Family Workforce Housing Ordinance for the Village square, a 253-unit residential
development located on the east side of Auburn Avenue and S.W. 13 th Avenue between
S.W. 7 th Street and S.W. 10 th Street. The subject property includes the former Carver
Estates and a vacant block of property that extends to S.W. 10 th Street. The proposal is
for a three phase project with Phase I being construction of a 3-story senior citizen
building with a clubhouse, pool, and putting green, 42 one-bedroom units, 42 two-
bedroom units, for a total of 84 rental units. Mr. Dorling stated Phas e II is the
construction which will include six (6) buildings and a clubhouse with a mix of 6 one-
bedroom units, 66 two-bedroom units, 48 three-bedroom units, and 24 four-bedroom
units, for a total of 144 rental units at a rent significantly be low current market rates. Mr.
Dorling stated Phase III will be the construction of 11 three-b edroom for sale single
family homes and 14 three-bedroom for-sale duplex units. The conditi onal use request
also includes two waiver requests that relate to parking in the a rea as it relates to the
driveway and then some waivers on lot widths, depths, and size in the s ingle family and
duplex component.
At its meeting of July 18, 2011, the Planning and Zoning Board held a
public hearing in conjunction with the conditional use request and p resentations were
made by the applicant, staff, as well as a CPTED presentat ion by the Police Department
on CPTED requirements. Mr. Dorling stated the CPTED conditions are attached as
conditions in the staff report. Mr. Dorling stated the safeguards that are proposed are
similar to those that were proposed to Auburn Trace. He stat ed there was a public
hearing and many of the surrounding residents expressed their desir e that the same kind
of protections that were required of Auburn Trace be required of t his development. Staff
recommends approval subject to the thirty-four (34) conditions that a re attached in the
staff report.
Officer Greg Wesner, speaking on behalf of the Delray Beach Police
Department with regards to the proposed Village Square project, stated he has been a
Crime Prevention Through Environmental Design (CPTED) practitioner f or four years
and has completed over 70 crime prevention reports for various areas around the city.
Officer Wesner stated both Village at Delray and Village Square propose multi-family
buildings, dozens of units on several acres, and require tens of milli ons of dollars to
complete. He stated both projects were designed for member s of the community who
might otherwise be locked out of the real estate markets and bot h projects replace
previous developments which themselves present challenges to t he Police Department.
Officer Wesner stated all the affected parties discussed whether CPTED strategies would
be included in the proposal and as a result of those meetings Brownstone Development
has presented plans which reflect the use of some CPTED strat egies. He stated adequate
lighting, natural surveillance, and territorial reinforcement are all reflected in their plans.
Crime analysis studies for Auburn Trace and Carver Estates i ndicates that most of the
crime that occurred in both of those developments was on behalf of individuals who were
guests of residents or those that were predators who went insi de both developments to
search for vulnerable targets.
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Michael Hartman, Roundstone Development, LLC (Applicant and
Developer of Village Square), 1370 Taurus Court, Merritt Island, F L 32953, stated
they are willing to accept all 34 conditions and is present for any questions the
Commission may have. Mr. Hartman stated this is a new development and has not hing to
do with what was there previously. He stated they build a quality product and intends for
it to stay that way.
Mayor McDuffie stated if anyone from the public would like to speak in
favor or in opposition of the conditional use request for Village Square , to please come
forward at this time.
Dr. Victor Kirson, D.D.S., P.A., 2050 Alta Meadows Lane #2110,
Delray Beach, FL 33444 (President of the Board of Directors of Tierra Verde at
Delray Beach), stated the City can do criminal and economic background checks but if
the person is not a pedophile within a certain distance of childre n’s activities the City
cannot do anything. Dr. Kirson stated he likes the senior section of the project.
Gerry Franciosa, 939 Eve Street, Delray Beach, FL 33483 (speaking
on behalf of the Delray Citizens Coalition), expressed concern over the security issue.
There being no one else from the public who wished to address the
Commission regarding the conditional use request, the public hearing was c losed.
Mr. Dorling stated with regard to the parking reduction, the renta l
complex has provided their required parking as has the single family and the duplex. He
stated there was a special action for a reduction in the senior housing based upon some
studies they provided to provide approximately 1.2 spaces per unit. Mr. Dorling stated
there is information that senior facilities generate a lower p arking requirement but that
has to be consummated by the Site Plan Review and Appearance Boar d (SPRAB) when
they go through the site plan process. Mr. Dorling stated the hi gh generators such as the
rental complex are providing the parking.
Mr. Hartman stated the $2.7 million that Roundstone Development will be
requesting from the Community Redevelopment Agency (CRA) is i n the form of a loan
which will be paid back in full and is not a grant. He stated they have 329 parking spaces
for 144 units for family; 86 parking spaces for 25 houses on the “for sale”; and they need
as little as a half a space per unit for the elderly housing. Mr. Hartman s tated their studies
provided to the City showed there is only one day a year that there is a parking problem
with elderly housing on Mother’s Day. Mr. Hartman stated with r egard to income limits,
a family of four can make $44,000.00 a year and live in this developme nt. He stated they
are incorporating all the same conditions that were imposed on the Villages at Delray.
Mr. Carney stated he wants to make sure that all the same undertakings
were completed by the developer here that was undertaken by the developer in the
Villages at Delray project.
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Mrs. Gray asked what the price range will be per month for t he rental
properties. Mr. Hartman stated these will range from $600.00-$900.00 for the 4-
bedrooms. Mrs. Gray stated she is happy to hear that the develope r is going to comply
with the conditions that the Commission has set forth and feels it i s important to keep
with the standards that the Commission has imposed on the other develop er. Mrs. Gray
stated she has spoken to several residents in the area and thei r number one concern is
about security and safety not only for the residents inside the development but for the
residents outside as well. Mrs. Gray asked if the community is going to be gated. Mr.
Hartman stated one of the conditions is that the community be gated.
Mr. Frankel commented stated with regard to the CPTED and stat ed the
language says it is similar to Auburn Trace and stated si milar is not same. Officer
Wesner stated what he meant to indicate that they are not com pletely identical
developments. For example, Mr. Wesner stated Village of Delray has 25 different
cameras around the development and he would expect with Village Square since the re are
more units that more cameras will be needed. Mr. Wesner state d you can put up ten foot
fences and lots of lights but if you do not have gates and access cont rol then you will
have the same situation that the City had in Auburn Trace and Car ver Estates. Mr.
Frankel stated he does not feel every concern has been met by the develope r.
The City Manager stated this will be addressed at the sit e plan level. Mr.
Dorling stated this is a conditional use and is for the density iss ue only. Mr. Dorling
stated all those details and plans that Officer Wesner needs are a part of the site plan
process which has not begun yet.
Mayor McDuffie stated the CPTED requirements are crucial to his
approval and is glad that Mr. Hartman is working is working with Officer Wesner.
Mayor McDuffie stated the work that Officer Wesner and the Police Department have to
do cannot all be done until his has a site plan. Mayor McDuffie stated he agrees that we
two almost identical projects side-by-side and they need to have identical requirements so
that we can ensure the safety of the residents of that area.
The City Attorney briefly reviewed the Board Order with the C ommission
who made findings according to their consensus (attached hereto is a copy and made an
official part of the minutes).
Mrs. Gray moved to adopt the Board Order subject to the thirty -four (34)
conditions listed in Exhibit “A”, seconded by Mr. Carney. Upon roll call the
Commission voted as follows: Mrs. Gray – Yes; Mayor McDuffie – Yes; Mr. Carney –
Yes; Mr. Frankel – Yes. Said motion passed with a 4 to 0 vote.
9.B.1. WAIVER REQUESTS/ VILLAGE SQUARE: Consider approval of
waiver requests to Land Development Regulations (LDR) Section 4.6.9(D)(2),
“Provisions for Ingress and Egress”, which requires that parking s paces enter and exit in
a forward manner on travel ways exceeding 200 ADT (Average Daily Trips) and to Land
Development Regulations (LDR) Section 4.3.4(K), “Development Sta ndards Matrix”, to
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allow changes to the lot sizes. (Quasi-Judicial Hearing)
Mayor McDuffie asked the Commission to disclose their ex par te
communications. Mr. Frankel stated he had communications with Cito Begurinstein.
Mrs. Gray stated she had communications with Cito Begurinstei n, Dr. Victor Kirson, and
staff. Mayor McDuffie and Mr. Carney had no ex parte communications to disclose .
Paul Dorling, AICP, Director of Planning and Zoning, stated this proposal
is to waive two sections of the Code; one relates to the requireme nt that parking spaces
enter and exit in a forward manner on travel ways exceeding 200 ave rage daily trips. He
stated there are certain areas where the main drive isle and circulation for the
development is buffered by parking spaces on each side. Mr. Dor ling stated staff worked
with the developer in trying to provide for significant recreati on amenities and staff
believes that in this isolated situation it is better to bal ance and get more recreation
components and have a waiver request to that portion of the Code which re quires that
parking spaces not back out into that roadway. Mr. Dorling state d with regard to the
second waiver he stated it is split down the middle, it will have alley access to the rear,
and these houses will be fronting onto the street. He stated the re was dedication required
for a former plat which reduced the width of this lot to 195 feet. M r. Dorling stated the
100 foot is provided on these lots but is requested to be reduced to 95 feet. Also, he
stated there are some requests for lot size and width; and, there is some relief to the two
lots on the corner which meet the 60 feet but the corner lots are required to be 80 feet.
Mr. Dorling stated staff recommends approval of both waivers to t he back out parking,
lot width size and lot depth.
At its meeting of July 18, 2011, the Planning and Zoning Board
considered this as part of the conditional use and recommended in favor of each of the
waivers with a 5 to 0 vote.
Michael Hartman, Roundstone Development, LLC (Applicant and
Developer of Village Square), 1370 Taurus Court, Merritt Island, F L 32953, stated
with regard to the waiver on the parking and family development this is the same type of
parking that was approved at Village of Delray. Mr. Hartma n stated they have 329
spaces on the family development and worked with the City to ge t this design where they
have 159 of the spaces off the streets and on the east side it does not exceed the 200 ADT
(Average Daily Trips). He stated most of the CLT lots are in the 6,000 square foot range.
Mayor McDuffie stated if anyone from the public would like to speak in
favor or in opposition of the waiver requests, to please come forward at this ti me.
Dr. Victor Kirson, D.D.S., P.A., 2050 Alta Meadows Lane #2110,
Delray Beach, FL 33444 (President of the Board of Directors of Tierra Verde at
Delray Beach), stated he has been watching this for 1 ½ years and when this fi rst started
there were four developers that gave a presentation. Dr. Kirson stated at the end of the
presentation with a financial advisor at his side he noted that the y would not get the
money and it is 1 ½ years later and they still do not have the money . Dr. Kirson stated at
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the Planning and Zoning meeting he stated they do not have the money and the replied
that if they did not get the money they would not do it. He stated t his is hundreds of
hours and thousands of dollars’ worth of time and they still have nothing.
There being no one else from the public who wished to address the
Commission regarding the waiver requests, the public hearing was c losed.
Mr. Hartman gave the following rebuttal:
Mr. Hartman stated the process started last April with four developers and
Roundstone Development was not selected until the August Board mee ting and they did
not have their master developer agreement in place until Novembe r. Mr. Hartman stated
part of their financing they are applying for from the Stat e and that cycle is opening on
September 8, 2011 and they will know next May if they have that for the family phase.
He stated they are currently working with the County, City and p rivate lenders on the
financing for the elderly phase. Mr. Hartman stated they have to bring together a
construction lender, a permanent lender, they have to ask the CRA for GAP financing,
and they have to sell the tax benefits. He stated they are m oving forward and estimate
that they would start on the elderly phase on April 1, 2012. Mr. Hartm an stated they are
also meeting with the homeowners’ associations Thursday night at 6:30 p.m.
Mr. Carney moved to adopt the Board Order as presented, seconded by
Mrs. Gray. Upon roll call the Commission voted as follows: May or McDuffie – Yes;
Mr. Carney – Yes; Mr. Frankel – Yes; Mrs. Gray – Yes. Said motion passed with a 4 to 0
vote.
At this point, the time being 7:18 p.m., the Commission moved to the du ly
advertised Public Hearings portion of the Agenda.
10. PUBLIC HEARINGS:
10.A. PUBLIC COMMENTS/FY 2012 PROPOSED BUDGET: The City
Commission will hear public comments, if any, regarding the F Y 2012 Proposed Budget
at this time.
Mayor McDuffie stated if anyone from the public would like t o speak on
the fiscal year 2012 proposed budget, to please come forward at this time .
Dr. Victor Kirson, D.D.S., P.A., 2050 Alta Meadows Lane #2110,
Delray Beach, FL 33444 (President of the Board of Directors of Tierra Verde at
Delray Beach), stated according to the auditor the City came through the 2010 Budg et
after we cut drastic income of Police and Fire with a $1.4 mill ion surplus. This year’s
budget after the City withdrew $3.3 million from the reserves it cleared. Dr. Kirson
stated if the City comes through with $3.1 million from a $65.00 fire a ssessment this year
is clear without doing anything else and asked why the City sti ll has the Police
Benevolent Association (PBA) at Impasse. Dr. Kirson asked why I mpasse is not dropped
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and why is a new set of negotiations started in October without entering into any pension
or without cutting any services. He asked if the City can get $3.1 million with the fire
assessment then why the City can’t get $3.1 million for the PBA. Dr. Kirson suggested
that $5.00 or $10.00 a month added on to the water bill equally amongst ever y resident to
make it fair so that Police benefits would not have to be touched.
Christina Morrison Pearce, 2000 South Ocean Boulevard #307,
Delray Beach, FL 33483, stated this is a very well-run city and if there are any
shortcomings we have it is with the income-producing issues. Ms. Pearce stated for so
long the City relied so heavily on property values that were s kyrocketing for the last
couple of decades until recently when that came to a screec hing halt and now we have to
look at all income sources. Ms. Pearce stated the City has al so had several franchise fees
and user fees that have also started to decrease recently. S he stated the Financial Review
Board and the Financial Task Force pointed out issues such as the ce metery and there is
still income that we are not collecting, fire-rescue charge s, parks and recreation still 14%
of the budget and only generating 1% of the income, the City is not charging enough for
non-residents who use our services. Ms. Pearce stated sidewalk c afé fees and valet
parking fees appear to be too low because there are so many of them. She stated the Gulf
Stream Fire-Rescue fees may not be adequate; the FRB fee ls the tennis center is under
marketed. Ms. Pearce stated she is not opposed to the fire ass essment fee unless it is
going to be onerous for the City’s commercial properties. How ever, it is a small fee for
the residences she would support because it would spread the tax burden throughout the
city who are not paying anything. She stated the parking study has been done for a year
and nothing has been implemented although the Financial Review Board (FRB) reviewed
it and made recommendations. Also, Ms. Pearce stated we are invi ting people to eat
dinner shop, and stroll but limiting them to two hour parking and sugge sted that this be
raised to 3-4 hours.
There being no one else from the public who wished to speak on the 2012
proposed budget, the public hearing was closed.
10.B. ORDINANCE NO. 20-11: Consider a city-initiated amendment to the
Land Development Regulations (LDR) Section 4.4.13, “Central Business (CBD)
District”, Subsection (G), “Supplemental District Regulati ons”, and Section 4.4.24, “Old
School Square Historic Arts District (OSSHAD)”, Subsection (G), “Supplemental
District Regulations”, to increase the parking requirements for restaurants in a part of
those districts.
The caption of Ordinance No. 20-11 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AMENDING THE
LAND DEVELOPMENT REGULATIONS OF THE CODE
OF ORDINANCES, BY AMENDING SECTION 4.4.13,
“CENTRAL BUSINESS (CBD) DISTRICT”, SUBSECTION
(G), “SUPPLEMENTAL DISTRICT REGULATIONS”, AND
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SECTION 4.4.24, “OLD SCHOOL SQUARE HISTORIC
ARTS DISTRICT (OSSHAD)”, SUBSECTION (G),
‘SUPPLEMENTAL DISTRICT REGULATIONS”, TO
INCREASE THE PARKING REQUIREMENTS FOR
RESTAURANTS; PROVIDING A SAVING CLAUSE, A
GENERAL REPEALER CLAUSE, AND AN EFFECTIVE
DATE.
(The official copy of Ordinance No. 20-11 is on file in the City Clerk’s
office.)
The City Attorney read the caption of the ordinance. A public hearing was
held having been legally advertised in compliance with the laws of the State of Florida
and the Charter of the City of Delray Beach, Florida.
Paul Dorling, AICP, Director of Planning and Zoning, stated this is a city-
initiated amendment to the LDRs that will remove the current par king incentive enjoyed
by restaurant uses along Atlantic Avenue from Swinton Avenue to S.E. and N.E. 5 th
Avenue. In 1993, the parking requirements for restaurants in the original DDA was
implemented at six spaces per 1,000 and this is half of the requir ement for restaurants
elsewhere in the city where the requirement was and still remains at 12 spac es for the first
6,000 square feet and 15 spaces for each 1,000 square over that 6,000 square fee t. Mr.
Dorling stated this does not prohibit restaurants in this area but removes the incentive to
locate them in areas where there is already an overabundance of them. This incentive has
been extremely successful and is no longer needed. He stated t here has been an ongoing
concern for several years and the diversity of uses and its k ey role in developing a
sustainable community has been identified in documents like the D owntown Master Plan
which the City Commission adopted in March 2002 along with a Cluster Study that was
done in July 2005. Both of these documents stress the importance of a mi x of uses that
serve the needs of local residents and create a mixed use distri ct with a range of housing
options, unique goods and services, entertainment, and recreational and cult ural
opportunities. The Cluster Study went one step further and emphas ized a theme of art
and galleries and broadening the mix of retail without adding new r estaurants. Within
Cluster 4 it was identified that there was a proliferation of restaurant uses when it was
written in 2005. Mr. Dorling stated some would argue that the Clust er Study was never
adopted by the City Commission and therefore valid conclusions reac hed within it should
be discounted. Mr. Dorling stated the recommendations of the retai l and real estate
research firm should be taken seriously and should be considered at this tim e. This report
identified concerns over a mix of restaurants and at that time was 39% and a retail mix of
41%. Staff documented the uses within this area today and the cur rent percentages of
businesses that are restaurants are actually now at 56% for the north side and 63% at the
south side. Mr. Dorling stated if you add the cafes into the restaura nt category these
numbers increase to 70% of the uses on the south side and 63% on the north si de. He
stated this is a concern over the lack of diversity particular ly if 39% created that concern
six years ago. Mr. Dorling stated he sees no need to continue the incentives that
restaurants currently enjoy in this area. He expressed c oncern that if we do not begin to
implement changes like this one all of these spaces will e ventually be converted and we
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will be too late to maintain any diversity within this six block area.
At its meeting of June 13, 2011, the Downtown Development Authority
(DDA) reviewed the item and recommended approval; at its meeti ng of June 14, 2011,
the West Atlantic Redevelopment Coalition (WARC) reviewed the item and
recommended approval; at its meeting of June 20, 2011, the Planning and Zoning Board
considered a much larger amendment and they recommended approval of thi s reduced
area; at its meeting of June 9, 2011, the Community Redevelopment Age ncy (CRA)
recommended that P&Z work with CRA staff to incorporate this am endment with other
parking changes such as reductions for offices, etc. There were also questions
concerning whether or not doubling of the requirements was too much of a change, and if
the area subject to the increase might be changed; at its me eting of June 1, 2011, the
Pineapple Grove Main Street (PGMS) Committee reviewed the i tem and felt that we
should take a different approach which in fact would have required 1,000 squar e feet of
restaurant to provide four spaces more rather than six which is being proposed (removing
the incentive). Staff recommends approval at this time to remove the incentive.
Mayor McDuffie declared the public hearing open.
Fran Marincola, Downtown Development Authority (DDA), stated
there are two studies that show we have enough restaurants in this particular Cluster. Mr.
Marincola stated this ordinance is not a disincentive for restaura nts but it is an incentive
for retail.
Gail-Lee McDermott, 721 S.E. 3 rd Avenue, Delray Beach, FL 33483
(15 year veteran of numerous charettes, workshops, board meetings, 12 year past
President of the Osceola Park Neighborhood Association and curr ently a member of
the Neighborhood Advisory Council), speaking as a citizen of her hometown she lives
in walking distance of Atlantic Avenue and has numerous northern guest s. She stated
they tell friends and colleagues that their holiday will be in D elray Beach that has a real
downtown where there are interesting shops to buy things and grea t restaurants. Ms.
McDermott stated Delray has a density that she fought agai nst in the past and noted those
people are here. She stated sometimes they probably enj oy the restaurants but they have
their own kitchens. She stated they are sure to get into their ca rs and drive to the future
Wal-Mart in Boynton or Town Center in Boca.
Steve Cohen, 1140 Bauhinia Road, Delray Beach, FL 33483 (lived
here since 1982), stated he practices law and raised a family here. Mr. Cohen stated it
has taken 18-20 years to build a momentum that Atlantic Avenue has now that it draws
people here for the restaurants. He stated the retail is not failing because the restaurants
are doing well but the retail is faltering is because bi g boxes, the economy and spending
habits, and from the internet (i.e. bookstores and DVD sales mostl y online). He stated
people shop online to avoid sales tax and to have the convenience of i t delivered to their
home but they cannot eat or drink online. Mr. Cohen Mr. Cohen stated he has been
working hard to get the corner of 2 nd and Atlantic Avenue cleaned up so that it can draw
people both north and south of the Avenue. He stated he recently acqui red the VFW and
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has a found tenant to go in there. Mr. Cohen stated he and his tenant ha ve invested a lot
of money into this. He stated he put $1.2 million into the building and his tenant is going
to put $1.5 million into the building. Mr. Cohen stated as they were doi ng their research
this ordinance as written came out June 20, 2011. He stated he has bee n working on this
project for a long time and he has been relying on the regulat ions that were in affect to do
this project. Mr. Cohen stated the City published this on June 20, 2011 and gave him a
28 day notice before the first hearing. He stated this is funda mentally unfair and people
such as him make economic decisions based on the long history of the p rior ordinance.
Mr. Cohen stated it takes a long time to arrange this kind of f unding and find the tenants.
Mr. Cohen stated this change is so radical to them that they are going to lose the tenant
for that building, lose the $1.5 million that he is going to put into it, and they are going to
lose the 75 jobs that he brings to this town. He stated this ordina nce does not incentivize
retail but instead punishes restaurant developers. Mr. Cohen urged the City Commission
to deny this ordinance and reexamined and see if the City can com e up with a balance
that incentivizes both the retail and office component.
Jeffrey Lynne, Attorney with Weiner & Lynne, 10 S.E. 1 st Avenue,
Delray Beach, FL 33444 (speaking as a business owner/property owne r, been
involved with land use for 15 years and is an active member of the Urban Land
Institute, the U.S. Green Building Counsel and many other co mmunity development
type of organizations including the Chamber of Commerce), asked where is the
package to incentivize retail. Mr. Lynne stated we need to live i n the now-need to bring
in a mix of uses but do it creatively. He urged the City Com mission to vote against “no”
on this tonight, have it be brought before them in a full package, a nd then evaluate it
through all committees.
Bruce Gimmy, 12 Ocean Avenue, Ocean Ridge, FL 33435, stated there
are restaurants that are now going out of business and Delray Be ach is getting a
reputation that there are too many restaurants. Mr. Gimmy sta ted something needs to be
done about the sidewalk cafés. He stated we must consider the mot ives and urged the
City Commission to do what is right for Delray Beach.
Andy Katz, 220 South Ocean Boulevard, Delray Beach, FL 33483,
stated he would like to support City staff and sees two main iss ues involved in this topic;
one is the issue of quality of life and the other is the issue of i ncentives. Mr. Katz stated
with regard to the quality of life we need all the variety of a small city and in order to be
vibrant we need a multi-use vibrant core with Atlantic Avenue bei ng that core (i.e. retail,
offices, services, galleries, and restaurants). He stated the incentives have worked
extremely well over the years and when the incentives are in place they need to support a
specific public welfare objective. Mr. Katz stated he vis its the restaurants on Atlantic
Avenue but they cannot be the only thing on the Avenue. He suggested el iminating
incentives that take us away from multi-use.
Marjorie Ferrer, 1420 North Swinton Avenue, Delray Beach, FL
33444 (Executive Director of the Downtown Development Authority an d has lived in
Delray Beach for two decades), stated in 1993 the downtown was not what it is today
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and noted there were many boarded up buildings, the window covering of c hoice was
either plywood or hurricane shutters, there were less than 10 resta urants, and the art
galleries filled many empty retail spaces. Ms. Ferrer stated the DDA, City
Commissioners, the Chamber of Commerce, and the CRA had a unique chanc e to help
guide the vacant downtown into a thriving area within the vision set for th by our
community. Ms. Ferrer stated the vision was to retain the charm of the “village-by-the-
sea”. Ms. Ferrer read a brief statement into the record and ur ged the City Commission to
guide the downtown development goals in order for Delray Beach to re main a choice
destination location for locals and visitors.
Michael Weiner, Attorney with Weiner & Lynne, P.A., 10 S.E. 1 st
Avenue, Delray Beach, FL 33444, briefly discussed the Cluster Study and urged the
City Commission to not pass this ordinance tonight.
There being no one from the public who wished to address the
Commission regarding Ordinance No. 20-11, the public hearing was closed.
Mr. Frankel thanked everyone for their comments and stated he has he ard
from many residents and business owners even outside this meeting . Mr. Frankel stated
everyone’s goal is that they want to maintain diversity on Atl antic Avenue. He stated he
does not support converting retail to restaurant. Mr. Frankel state d he agrees that we
have to look at the downtown but is not convinced that this ordinance does it. Mr.
Frankel stated we want to incentivize retail but we do not want to kill the restaurants. He
stated going to 12 spaces is a little extreme and therefore cannot support.
Mrs. Gray stated the ordinance as it is written today has acc omplished
what it has set out to do. She stated visionaries, previous Commis sioners, and staff years
ago saw a need for it and it has done what it has needed to do. Mrs. Gray supports the
restaurants and retail because she feels they are both equally important. However, Mrs.
Gray stated Cluster 4 is saturated with restaurants and sugges ted if the City were to
sunset it, that restaurants would look at Pineapple Grove and other are as of Atlantic
Avenue.
Mr. Carney thanked staff for all their hard work and asked why the one
tract is excluded. Mr. Dorling stated that is zoned CF (Communit y Facilities) and
restaurants are not allowed in the CF zoning district. Mr. Carney stated if we are going
say these tracts are going to be subject to a rule then that tract has got to be included in it
because if they decide to rezone it from its current zoning to a llow
commercial/restaurant/retail then it would have to be included i n the new ordinance. Mr.
Carney expressed concern over the number of spaces that we are imposing because there
have been other facilities which people have the opportunity to pa rk now. Mr. Dorling
stated this is removing an incentive that is provided and everywhe re else restaurants are
required 12 spaces per 1,000 square feet. Mr. Carney stated he is not sure 12 is the right
number given the fact that there are changes to the existing parking fac ilities downtown.
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Mayor McDuffie commented about “long-term economic approach” and
expressed concern that what is being done right now is that it has happened in 90 days.
Mayor McDuffie stated he wants to make certain that we maint ain a vibrant Atlantic
Avenue. Mayor McDuffie stated he feels we have tried to make a decision to fix a
problem that may well exist but does not believe this is the fix. Mayor McDuffie
suggested that restaurateurs, retailers, City Commissioners, a nd staff members come
together and study this problem and find out what the real solution i s. Therefore, Mayor
McDuffie stated he will not support this tonight.
Mr. Carney stated this needs to be seriously looked at but overall unless he
knows exactly what the numbers are he cannot support it.
Mr. Frankel stated he would like direct staff to create a D owntown Action
Committee to address this issue.
Mr. Frankel moved to adopt Ordinance No. 20-11 on Second and FINAL
Reading, seconded by Mr. Carney. Upon roll call the Commission voted as follows: Mr.
Carney – No; Mr. Frankel – No; Mrs. Gray – No; Mayor McDuffi e – No. Said motion to
approve was DENIED with a 4 to 0 vote.
At this point, the time being 8:29 p.m., the Commission took a short break.
At this point, the time being 8:36 p.m., the Commission reconvened and
moved to Item 10.C.
10.C. ORDINANCE NO. 21-11: Consider a city-initiated amendment to the
Land Development Regulations (LDR) that will provide additional opp ortunities for
property owners to voluntarily participate in the payment in-lieu of pa rking program.
The caption of Ordinance No. 21-11 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
AMENDING THE LAND DEVELOPMENT
REGULATIONS OF THE CODE OF ORDINANCES,
BY AMENDING SECTION 2.4.5, “PROCEDURES
FOR OBTAINING DEVELOPMENT APPROVALS”,
SUBSECTION (O), “IN-LIEU OF PARKING AND
PUBLIC PARKING FEE REQUEST”; SECTION
4.4.13, “CENTRAL BUSINESS (CBD) DISTRICT”,
SUBSECTION (G), “SUPPLEMENTAL DISTRICT
REGULATIONS”; SECTION 4.4.24, “OLD SCHOOL
SQUARE HISTORIC ARTS DISTRICT (OSSHAD)”,
SUBSECTION (G), “SUPPLEMENTAL DISTRICT
REGULATIONS”; SECTION 4.4.28, “CENTRAL
BUSINESS DISTRICT-RAILROAD CORRIDOR
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(CBD-RC)”, SUBSECTION (G), “SUPPLEMENTAL
DISTRICT REGULATIONS” AND SECTION 4.6.9,
“OFF-STREET PARKING REGULATIONS”,
SUBSECTION (E), “PARAGRAPH (3), “IN-LIEU
FEE”; TO EXPAND THE APPLICABILITY OF THE
PAYMENT-IN-LIEU PROGRAM; PROVIDING A
SAVING CLAUSE, A GENERAL REPEALER
CLAUSE, AND AN EFFECTIVE DATE .
(The official copy of Ordinance No. 21-11 is on file in the City Clerk’s
office.)
The City Attorney read the caption of the ordinance. A public hearing was
held having been legally advertised in compliance with the laws of the State of Florida
and the Charter of the City of Delray Beach, Florida.
Paul Dorling, AICP, Director of Planning and Zoning, stated this i s to
consider a city-initiated amendment to the LDRs which will provide additional
opportunities for property owners to voluntarily participate in the payment of the in-lieu
program the City has. Currently the option is available for C BD, CBD-RC, and
OSSHAD zoned properties. Mr. Dorling stated under the current regulations the in-lieu
options are specifically prohibited for any new development a nd any changes of use
which have occurred within two years of a Certificate of Occup ancy (CO). The current
requirement that the City Commission needs to make when granting one of these requests
is a finding that it is impossible and inappropriate to provide the required number of
spaces. This amendment would allow this in-lieu option for both new development and
changes of use or increases floor area that has been made wit hin two years of the CO.
Mr. Dorling stated additional language is added that the Commission must find that
adequate public parking is available and that the request is cons istent with the LDRs, the
City’s Comprehensive Plan, and all currently adopted City polic ies and/or studies. Mr.
Dorling stated these changes are being implemented as part of the Delray Beach Parking
Master Plan dated 2010 and that specifically identifies a d esire to expand the parking in-
lieu program and that a maximum percentage of required parking be eligible for this in-
lieu relief. He stated additional language has been added which c larifies that if parking is
not and cannot be provided the in-lieu option is available. Mr. Dorling stated ther e is also
language that has been added that the in-lieu option would not be avai lable for residential
developments or residential components of mixed-use developments. He stated those
options were suggested by the Downtown Development Authority (DDA ) as was a
reference that we condition it on an assessment of public parki ng availability. Mr.
Dorling stated the last language that has been added is the es tablishment of a maximum
of utilization of 30% of the required parking as in-lieu and this was a recommendation of
the parking study adopted by the City Commission August 2010.
At its meeting of June 1, 2011, the Pineapple Grove Main Street (P GMS)
Committee reviewed the item and recommended approval; at its mee ting of June 9, 2011,
the Community Redevelopment Agency (CRA) reviewed the item and recommended
approval; at its meeting of June 13, 2011, the Downtown Development Authori ty (DDA)
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considered the item and recommended approval subject to conditions to a dd provisions
about public parking and the reference to residential comp onents providing their own and
those have been added to the current ordinance; at its meeting of J une 14, 2011, the West
Atlantic Avenue Redevelopment Coalition (WARC), considered the item and
recommended approval; at its meeting of June 20, 2011, the Planning and Zoning Board
reviewed the item and recommended approval. Staff recommends ap proval of the
ordinance in its current form.
Mayor McDuffie declared the public hearing open.
Jeffrey Lynne, Attorney with Weiner & Lynne, 10 S.E. 1 st Avenue,
Delray Beach, FL 33444, stated this ordinance was intended to travel with the ordinance
that the City Commission just denied (Ordinance No. 20-11).
Fran Marincola, Downtown Development Authority (DDA), stated this
has nothing to do with Ordinance No. 20-11. He briefly discussed his posit ion on the
Parking Management Advisory Board. Mr. Marincola urged the City C ommission to
pass this ordinance.
Michael Weiner, Attorney with Weiner & Lynne, 10 S.E. 1 st Avenue,
Delray Beach, FL 33444, stated LDR Section 4.6.4.9(E)(4) states that the in-lieu fees
will be a fee toward the construction of a public parking str ucture in-lieu of providing
such required parking on-site.
There being no one else from the public who wished to address the
Commission regarding Ordinance No. 21-11, the public hearing was closed.
Mr. Dorling stated this does not go hand-in-hand with an increase of
parking for the restaurants. He stated this is a city-init iated amendment as a result of the
parking study, the requirements, and the desire of people to imple ment some of those
things. Mr. Dorling stated this should be tied to a standard which is that there is adequate
public parking.
Mr. Carney concurred with staff’s recommendation.
Mrs. Gray stated she too supports staff’s recommendation to approve.
Mr. Frankel stated even though we have a parking study that is a year old
he does not agree with everything in it. Therefore, Mr. Frankel st ated he will not support
this ordinance tonight.
The City Manager stated in terms of developing a viable downtown it is a
step in the right direction.
Mayor McDuffie stated he does not agree with the entire parki ng study.
The City Manager stated all the money the City received for th at purpose is in reserve for
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that purpose and can only be spent for providing additional parking. Mayor McDuffie
stated there have been some “out of the box” suggestions regarding the parking that
would enhance some things downtown and help us to be able to provide more i n-lieu and
have some parking closer to the Avenue and not be as monumental as th e garages that we
are currently looking at.
Mr. Carney moved to adopt Ordinance No. 21-11 on Second and FINAL
Reading, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mr.
Frankel – No; Mrs. Gray – Yes; Mayor McDuffie – Yes; Mr. Car ney – Yes. Said motion
passed with a 3 to 1 vote, Commissioner Frankel dissenting.
10.D. RESOLUTION NO. 29-11/AGREEMENT TO EXCHANGE REAL
PROPERTY: DEPOT INDUSTRIAL CENTER, LLC: Consider approval of
Resolution No. 29-11 which adopts and includes the Agreement to Exchange Re al
Property between the City and Depot Industrial Center, LLC.
The caption of Resolution No. 29-11 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA,
AUTHORIZING THE CITY TO EXCHANGE CERTAIN
REAL PROPERTY IN PALM BEACH COUNTY,
FLORIDA, DESCRIBED BELOW WITH DEPOT
INDUSTRIAL CENTER, LLC.; HEREBY
INCORPORATING AND ACCEPTING THE
AGREEMENT TO EXCHANGE REAL PROPERTY
STATING THE TERMS AND CONDITIONS FOR THE
EXCHANGE.
(The official copy of Resolution No. 29-11 is on file in the City Clerk’s
office.)
A public hearing was held having been legally advertised in com pliance
with the laws of the State of Florida and the Charter of the City of Delray Be ach, Florida.
The City Attorney stated this is the caption of Resolution No. 29-11 as
well as an agreement to exchange real property. In 2008, the F lorida Department of
Transportation (FDOT) transferred property to the City tha t encompasses Depot Avenue
which is along the western side of I-95 north of Atlantic Avenue and nor th of the historic
depot area. The City Attorney stated this agreement provides that the City will transfer
part of that property and abandon the property that is under Dep ot Avenue to the
developer and in exchange for that the developer will dedicate property that is along the
CSX Railroad Tracks and construct a new road for the City in the place of De pot Avenue.
The City Attorney stated the key timeframe is a four year p eriod and once the closing
takes place on the property that the developer will have four years in order to construct
the road and if he fails to construct the road in that time p eriod the City has the option to
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either using the bond that will be in place to finish the road o r terminate the agreement.
There is also another termination provision in the agreement that if the developer allows
the site plan to expire and does not renew it and does not pull an y permits the developer
as well could terminate the agreement. The City Attorney s tated if this agreement is
approved tonight and the closing occurs in-between now and the time the new road is
constructed the City will have an easement over the current road a nd will maintain the
road.
Mayor McDuffie declared the public hearing open. There being no one
from the public who wished to address the Commission regarding R esolution No. 29-11,
the public hearing was closed.
Mrs. Gray inquired about the road. The City Attorney stated the City
Engineer is in favor of this because the City would get a new road in pla ce of the old road
and he is in favor of the new location of the road as well.
Mr. Frankel moved to approve Resolution No. 29-11 and the Agreement
to Exchange Real Property, seconded by Mr. Carney. Upon roll ca ll the Commission
voted as follows: Mrs. Gray – Yes; Mayor McDuffie – Yes; Mr. Carney – Yes; Mr.
Frankel – Yes. Said motion passed with a 4 to 0 vote.
10.D.1. RESOLUTION NO. 30-11/DEPOT ROAD ABANDONMENT:
Consider approval of Resolution No. 30-11; abandonment of a 3.23 acre portion of Depot
Road and a 0.04 portion of N.W. 2 nd Street (a.k.a. Depot Road) lying between Interstate-
95 and the CSX Railroad, south of Lake Ida Road in conjunction with a pro posed plat for
a mixed-use residential/office development named Historic Depot Square .
The caption of Resolution No. 30-11 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, VACATING
AND ABANDONING A PORTION THE DEPOT ROAD
RIGHT OF WAY AND A PORTION OF THE N.W. 2 ND
STREET (A.K.A. DEPOT ROAD) RIGHT OF WAY
LOCATED BETWEEN INTERSTATE 95 AND THE
CSX RAILROAD, SOUTH OF LAKE IDA ROAD AS
MORE PARTICULARLY DESCRIBED HEREIN,
SUBJECT TO THE TERMS AND CONDITIONS OF
THE AGREEMENT TO EXCHANGE REAL PROPERTY
BETWEEN THE CITY OF DELRAY BEACH AND
DEPOT INDUSTRIAL CENTER, LLC, WHICH
ABANDONMENT SHALL NOT BE EFFECTIVE UNTIL
THE RECORDING OF THIS RESOLUTION IN THE
PUBLIC RECORDS OF PALM BEACH COUNTY.
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(The official copy of Resolution No. 30-11 is on file in the City Clerk’s
office.)
A public hearing was held having been legally advertised in com pliance
with the laws of the State of Florida and the Charter of the City of Delray Be ach, Florida.
Paul Dorling, AICP, Director of Planning and Zoning, stated this is the
abandonment of 3.23 acres which is currently Depot Road as well as a small portion of
N.W. 2 nd Street. Mr. Dorling stated this was part of a Class V si te plan approved in 2008
for the Historic Depot Square mixed use development which includes a residential
component and approximately 90,000 square feet of office.
At its meeting of April 21, 2008, the Planning and Zoning Board revie wed
this abandonment and recommended approval with a 7 to 0 vote.
Mayor McDuffie declared the public hearing open. There being no one
from the public who wished to address the Commission regarding R esolution No. 30-11,
the public hearing was closed.
Mr. Carney moved to approve Resolution No. 30-11, seconded by Mr.
Frankel. Upon roll call the Commission voted as follows: May or McDuffie – Yes; Mr.
Carney – Yes; Mr. Frankel – Yes; Mrs. Gray – Yes. Said motion passed with a 4 to 0
vote.
10.D.2. FINAL SUBDIVISION PLAT APPROVAL/DEPOT INDUSTRIAL
CENTER, LLC: Consider approval of the final plat for a 14.29 acre mixed-use
development being platted as Historic Depot Square located be tween Interstate-95 and
the CSX Railroad, south of Lake Ida Road.
Paul Dorling, AICP, Director of Planning and Zoning, stated this is the
related final plat for approximately 14.29 acres for the histori c mixed use development
which includes 296 residential units including 74 workforce units and 90,135 squar e feet
of professional office space.
At its meeting of April 21, 2008, the Planning and Zoning Board revie wed
the plat and recommended approval with a 7 to 0 vote.
Mayor McDuffie declared the public hearing open. There being no one
from the public who wished to address the Commission regarding the Final Subdivision
Plat, the public hearing was closed.
Mrs. Gray moved to approve the Final Subdivision Plat for Historic Depot
Square, seconded by Mr. Frankel. Upon roll call the Commission vote d as follows: Mr.
Carney – Yes; Mr. Frankel – Yes; Mrs. Gray – Yes; Mayor McDu ffie – Yes. Said
motion passed with a 4 to 0 vote.
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10.E. COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG)
CONSOLIDATED ANNUAL ACTION PLAN FY 2011 - 2012: Consider approval of
the CDBG Consolidated Annual Action Plan FY 2011-12 as required by the U nited
States Department of Housing & Urban Development (HUD) for ut ilization of federal
grant funds.
Lula Butler, Director of Community Improvement, stated this is a public
hearing and approval for the Annual Action Plan for fiscal year 2011-2012 as required
under the United States Department of Housing & Urban Developm ent (HUD) rules to
utilize grant funds. Mrs. Butler stated the rules require that t he City hold at least two
public hearings. The first public hearing was held on May 16, 2011 hosted by the
Neighborhood Advisory Council (NAC). The public could make comments and the City
advertised 30 days prior to this meeting to give the public a chanc e to review the plan and
made it available at the Neighborhood Resource Center, the City’s Lib rary, City Hall, and
online.
Mr. Carney stated the City’s grant this year went down to $523,611.00.
Staff is proposing 20% of that for administration costs; housing re habilitation
$265,000.00; public facilities for providing sidewalks throughout the reside ntial
neighborhoods $75,000.00; public service $78,500.00; and public service is capped a t
15% of the annual grant for a total of $523,611.00.
Mr. Carney asked what the grant was last year. Mrs. Butler stated the
grant last year was $650,000.00.
Mr. Frankel moved to approve the Consolidated Annual Action Plan for
fiscal year 2011-2012, seconded by Mrs. Gray. Upon roll call the Comm ission voted as
follows: Mr. Frankel – Yes; Mrs. Gray – Yes; Mayor McDuffie – Yes; Mr. Carney –
Yes. Said motion passed with a 4 to 0 vote.
10.F. ORDINANCE NO. 25-11: (FIRST READING/TRANSMITTAL
HEARING FOR COMPREHENSIVE PLAN AMENDMENT 2011-1): Consider on
first reading an ordinance adopting Comprehensive Plan Amendment 201 1-1 and
associated Future Land Use Map (FLUM) amendments, and authorize t ransmittal to the
State Land Planning Agency.
i. Future Land Use Element – City initiated text amendment
adding Policy A-5.4 to require the building and site designs
for all development and redevelopment projects to
incorporate Crime Prevention Through Environmental
Design (CPTED) standards to the greatest extent possible.
ii. City initiated Future Land Use Map (FLUM) amendment
from County INST/8 (Institutional with an underlying
Residential of 8 units per acre to City CF (Community
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Facilities) for Lago Vista, located at the southeast corner of
Linton Boulevard and the Lake Worth Drainage District
(LWDD) E-3 Canal.
The caption of Ordinance No. 25-11 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
ADOPTING COMPREHENSIVE PLAN AMENDMENT
2011-1, PURSUANT TO THE PROVISIONS OF THE
“COMMUNITY PLANNING ACT”, FLORIDA
STATUTES SECTION 163.3161 THROUGH
163.3248, INCLUSIVE; ALL AS MORE
PARTICULARLY DESCRIBED IN EXHIBIT “A”
ENTITLED “COMPREHENSIVE PLAN AMENDMENT
2011-1” AND INCORPORATED HEREIN BY
REFERENCE; PROVIDING A SAVING CLAUSE, A
GENERAL REPEALER CLAUSE, AND AN
EFFECTIVE DATE.
The City Attorney read the caption of the ordinance. A public hearing was
held having been legally advertised in compliance with the laws of the State of Florida
and the Charter of the City of Delray Beach, Florida.
Mayor McDuffie declared the public hearing open. There being no one
from the public who wished to address the Commission regarding Or dinance No. 25-11,
the public hearing was closed.
Paul Dorling, AICP, Director of Planning and Zoning, stated this is
approval of Ordinance No. 25-11, first reading of Comp Plan Amendment 2011 -1. The
City Commission initiated this Comprehensive Plan Amendment on July 5, 2011. Mr.
Dorling stated the Comp Plan Amendment includes two items; one is a city-initiated
future land use map amendment and one city-initiated text amendment. He stated the text
amendment is to add Policy A-5.4 that requires building and site desi gns for all
development and redevelopment projects in the city to incorpora te crime preventions
through environmental design standards to the greatest extent possib le. Currently that
language exists in the LDRs but it is under the CBD (Central Business District) zone
district and this adds it as a policy for all development in the city. The Future Land Use
Map amendment is a map change associated and is being done concur rently with the
annexation of Lago Vista.
After first reading, staff will submit this to the State and it will be back
before the Commission for final reading September 20, 2011.
At its meeting of July 18, 2011, the Planning and Zoning Board
considered this and no one from the public spoke and the Board recomm ended approval
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with a 5 to 0 vote.
Mayor McDuffie stated if anyone from the public would like to speak in
favor or in opposition of Ordinance No. 25-11, to please come forward at this time.
There being no one from the public who wished to address the Commi ssion regarding
Ordinance No. 25-11, the public hearing was closed.
Mr. Frankel moved to approve Ordinance No. 25-11 in accordance with
the recommendation that is stated in the Planning and Zoning staff report, seconded by
Mrs. Gray. Upon roll call the Commission voted as follows: Mrs . Gray – Yes; Mayor
McDuffie – Yes; Mr. Carney – Yes; Mr. Frankel – Yes. Said mot ion passed with a 4 to 0
vote.
10.G. ORDINANCE NO. 24-11: Consider an ordinance amending the historic
district classification for 32 East Atlantic Avenue from non-contri buting to contributing.
(THE REQUEST TO HAVE THE PROPERTY RECLASSIFIED HAS BEEN
WITHDRAWN BY THE PROPERTY OWNER)
Mr. Frankel moved to approve Ordinance No. 24-11, seconded by Mrs.
Gray. Upon roll call the Commission voted as follows: Mayor Mc Duffie – No; Mr.
Carney – No; Mr. Frankel – No; Mrs. Gray – No. Said motion to ap prove Ordinance No.
24-11 was DENIED with a 4 to 0 vote.
At this point, the Commission moved to Item 11.B., Comments and
Inquiries on Non-Agenda Items from the Public.
11.B. From the Public.
None.
At this point, the Commission moved to Item 11.A., City Manager’s
response to prior public comments and inquiries.
11.A. City Manager’s response to prior public comments and inquiries.
None.
At this point, the time being 9:11 p.m., the Commission moved back to
Item 9.C. of the Regular Agenda .
9.C. CONSIDERATION OF AN APPEAL/THE OFFICE
RESTAURANT: Consider an appeal to renew the Sidewalk Café permit with ta bles
adjacent to the curb for The Office Restaurant, located at 201 E ast Atlantic Avenue.
(Quasi-Judicial Hearing)
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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 par te
communications. Mr. Frankel stated he has spoken with Mr. Jeffrey L ynne, the City
Attorney, and Rich Jones. Mrs. Gray stated she spoke to Mr. Lynne, M r. Weiner, and the
City Attorney. Mayor McDuffie stated he spoke with the Mr. Lynne, Mr. Weiner, and
the City Attorney. Mr. Carney stated he spoke with the City At torney, staff, and Mr.
Lynne.
Al Berg, Assistant Director of Community Improvement, stated this
item is an appeal filed by Mr. Jeffrey Lynne on behalf of The Office Restaurant at 201 E.
Atlantic Avenue, denying a sidewalk café permit application f or fiscal year 2011/2012.
The appeal is filed according to LDR Section 6.3.3(J). The Office Restaurant,
constructed in 2007, was allowed to open under the old LDR ordinance. Mr. Be rg stated
new regulations that were adopted on November 2, 2010 require a two f oot setback along
the travel ways (N.E. 2 nd Avenue). These new regulations were adopted for public safet y
and after consideration of pedestrian flow. Mr. Berg stated the City has received some
complaints from the Pineapple Grove people that this appears t o be somewhat congested
as people travel to Pineapple Grove. He stated with the pres ent configuration The Office
would not meet the two foot setback that would be required on N.E. 2 nd Avenue. Mr.
Berg stated there would be only 11 feet from the wall to the edge of the curb so there
would be a safety concern. Staff recommended a change in the ordi nance and has the
two foot setback from the roadway. The current sidewalk width does not allow for the
passageway and N.E. 2 nd Avenue can get cluttered with extra umbrellas and space
heaters. Mr. Berg stated other things have been asked for from other restaurants and they
have been denied. Therefore, staff recommends that the City Comm ission deny the
appeal.
At this point, Mr. Berg submitted the file and the Attorney Br ief into the
record.
Jeffrey Lynne, Attorney with Weiner & Lynne, 10 S.E. 1 st Avenue,
Delray Beach, FL 33444, stated the question is whether the City can refuse to renew The
Office’s 2011/2012 sidewalk café permit based upon a change in the l aw after its owner
Mr. David Manero had previously incurred significant expenses in good faith reliance on
the City when designing the seating configuration. Mr. Lynne stat ed he hopes the
Commission agrees that the answer is “no”. Mr. Lynne stated Mr. Manero’s concept for
The Office was to create an outdoor dining experience to the max imum extent possible.
In 2009, Mr. Manero brought this conceptual design for The Office’s i nterior and exterior
seating to the City to determine whether staff could support his design and the primary
concern was the seating design. Mr. Lynne stated in 2009 credit was tight, banks were
not lending, and Mr. Manero used his own money and risked his own capital to
incorporate what is now considered to be one of the finer establis hments on the Avenue.
He stated construction began and the formal sidewalk permit appli ed for. In September
2009, Mr. Manero prepared the required documents, obtained the necessary insurance
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and submitted his formal application for a sidewalk café permi t. Mr. Lynne stated The
Office is a moderately priced food driven restaurant and its p rimary design is to bring the
inside to the outside and the concept is to be a friendly neighborhood ga thering spot for
dining public where patrons can sit at the inside/outside food counter . Mr. Lynne stated
Mr. Manero has spent more than $3 million to upgrade this importa nt corner (Atlantic
Avenue and Pineapple Grove) and would not have been undertaken without approva l of
the sidewalk café as approved. Mr. Lynne urged the Commission to a pprove the
sidewalk café permit be issued in accordance with the plan as previously approved by the
City of Delray Beach and stated time is of the essence. Mr . Lynne briefly spoke about
the aesthetics of the restaurant and stated the existing conf iguration is a safer design at
this location by acting as a natural barrier preventing peop le from otherwise “jaywalking”
into the street. Mr. Lynne stated December 2009 Lula Butler, Di rector of Community
Improvement, expressed concern to Mr. Manero where she stated t hat it was important
for pedestrians to have this five (5) foot access otherwise the y will be forced into the
travel lane which would be an unacceptable situation.
Michael Weiner, Attorney with Weiner & Lynne, 10 S.E. 1 st Avenue,
Delray Beach, FL 33444, stated much effort and time went into establishing The Offic e
Restaurant and confirming the real property rights that were available and continue to be
available for this restaurant so that it can operate in the m anner that it operated in. Mr.
Weiner stated there is no testimony that states no automobile can slow down in a two feet
linear fashion that would save any life in any way or in any ma nner. He briefly spoke
about vested rights.
Mayor McDuffie stated if anyone from the public would like to speak in
favor or in opposition of the appeal, to please come forward at this time.
Christina Morrison Pearce, 2000 South Ocean Boulevard #307,
Delray Beach, FL 33483, stated her best friend is blind and she has a four year old
grandson and her baby carriage is less than two feet wide and she never fits down the
sidewalk when the chairs are in use. Ms. Pearce stated every picture that was shown
shows the chairs empty and the bar empty. She stated when peo ple are sitting on the
barstools and when the chairs are being used by patrons you cannot w alk down the
sidewalk because you are forced into the street.
Alice Finst, 707 Place Tavant, Delray Beach, FL 33444, asked the
Commission to remember what happened at 32 East last year and urged them to
remember this when they take their vote this evening.
The following individuals gave brief rebuttals:
Mr. Berg stated there is the encroachment of tables and chairs when
people are there and noted the legal right to the use of this si dewalk is not vested by
someone’s having private property adjacent to it. He stated the vesting comes from the
public access. Mr. Berg stated the City never vested that sidewalk t o the restaurant at any
time but instead allowed them to operate under a permit and the permit rules changed.
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Mr. Berg stated all of Mr. Lynne’s citations that he has used in that brie f deal with private
property, building permits, and development rights and not one deals with public
property. Mr. Berg reiterated that this is public prope rty and it does not belong to The
Office restaurant.
Mr. Weiner stated if there are Code Enforcement problems where there are
difficulties they should be dealt with on a Code enforcement level. He stated there has
never been a Code Enforcement action against The Office because when there were
complaints Mr. Manero was responsive and made sure they were tak en care of. Mr.
Weiner stated they do not claim the sidewalk but claim the confi guration that they are
allowed to place on it in the same manner that someone has ingre ss/egress to an alley and
you cannot take it away from them. He stated there is compete nt substantial evidence
and all elements are met.
Mr. Carney stated he is not convinced that the good faith reliance in
designing the seating configuration as creating the vested right and believes it is
distinguished because it is public property. Mr. Carney sta ted if you go through the
original documents that were submitted they do not show the original tables outside when
this restaurant was first approved and the construction permits w ere first issued in the
development of and the opening of that wall. Mr. Carney reiterat ed that he does not
believe they have gained a vested right over public property in this case and as presented
in this appeal he cannot support it.
Mrs. Gray stated she is happy to see that the timeline has b een clarified.
She stated she knows there have been some issues with pedestria ns being able to walk on
the sidewalks especially during season when there are a lot of visitors and tourists here.
Mrs. Gray stated she is glad to see that the City has rules in place for sidewalk cafés in
place now.
Mr. Frankel stated he has reviewed Mr. Lynne’s memorandum of la w in
support of the appeal, has spoken at length with Mr. Lynne and Mr. We iner, has spoken
with the City Attorney on numerous occasions about this issue, has now heard testimony
from the public, and has now heard from staff and read their me morandum. Based on the
evidence presented, Mr. Frankel stated he supports staff’s re commendation for the denial
of the appeal.
Mayor McDuffie stated the City has had a problem with s idewalk cafes up
and down Atlantic Avenue and we need to have rules for the entire Ave nue and any other
place there is a sidewalk café. He too supports denying the appeal.
Brief discussion continued between the Commission and the City Manager
regarding the tables being within two feet of the curb.
The City Attorney briefly reviewed the Board Order with the C ommission
who made findings according to their consensus (attached hereto is a copy and made an
official part of the minutes).
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Mr. Frankel moved to adopt the Board Order which denies the appea l),
seconded by Mrs. Gray. Upon roll call the Commission voted as follow s: Mr. Carney –
Yes; Mr. Frankel – Yes; Mrs. Gray – Yes; Mayor McDuffie – Y es. Said motion passed
with a 4 to 0 vote.
9.D. PROPOSED AMENDMENT NO. 1 TO THE INTERLOCAL
AGREEMENT/TOWN OF GULF STREAM/FIRE RESCUE
SERVICES: Consider Amendment No. 1 to the Interlocal Agreement with the Town of
Gulf Stream to provide for an increase in the fee paid to the Ci ty based upon the Town's
annexation of additional property .
The City Attorney stated the City has entered into an Interloc al Agreement
with Town of Gulf Stream July 2009. After that time, a certain a rea was annexed which
is depicted in the amendment. He stated based on that the City has determined that
would result in an increase in the fee that we could charge Gulf Stream.
The City Manager stated he wanted to make some comments becaus e of
the issues that Mr. MacNamee had raised and one of questions that he and Commissioner
Carney have had some discussion about is when should this start (the e ffective date of
the annexation or at the beginning of the fiscal year). He stat ed because Gulf Stream
chose to make the annexation effective March 15 th the City will receive the building
permit fees on this new condominium building which will be approximat ely $240,000.00.
The City Manager stated the agreement calls for the City t o notify Gulf Stream in July of
what their fee will be for the upcoming year. The City Man ager stated the other issue
that Mr. MacNamee raised is the basis for the calculation a nd whether it should be based
on population or based on the number of dwelling units. The City Manag er stated when
the original agreement was put together the City decided to base it on population because
Gulf Stream is almost entirely residential so when figuring out a per residential unit cost
for service it was difficult to figure out because a lot of De lray’s costs are driven by
providing fire protection for commercial and industrial uses. The City Manager stated
this is why Delray Beach decided to base it on population and the other reason is that
approximately 85% of the runs the Fire-Rescue Department makes are medical runs
which are population driven not dwelling unit driven. The City Manager stated Mr.
MacNamee raised an issue about whether they should pay in the curr ent year for the
additional cost. The City Manager stated he has had discussions w ith Mr. Thraser about
that and for them $37,000.00 is a significant part of their budget and f or the City of
Delray Beach it is a very tiny part. The City Manager s tated he sees no harm to Delray
Beach in delaying that permit until the next fiscal year unti l they actually start receiving
revenue from the property they have annexed.
Mr. Carney stated he is happy that this is calculated based on population.
Mrs. Gray stated she is happy that the town of Gulf Strea m has chosen the
City of Delray Beach to partner with this Interlocal Agreem ent and supports staff’s
recommendation.
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The City Manager stated the City of Delray Beach has had a long-standing
relationship with the Town of Gulf Stream and noted that we sell them water, provide
their police dispatch, and provide their fire-rescue service.
Mr. Frankel stated he was not in support of this the first time around and
noted he would like to stay consistent and not support this evening.
Mr. Carney stated he is happy that the contract has been modif ied and that
we are starting off with a higher base for next year a gainst which the 5% will be applied
against the higher number in 2013. Mr. Carney stated fundamentally th e City should get
paid for the time we are doing it and that we would like to re vise the contract to date we
started providing service.
Bill Thrasher, City Manager of Gulf Stream, stated he would like to
make sure that the idea of the permits is properly considere d. Mr. Thrasher stated they
did not know if the annexation would pass until they were notified by th e Supervisor of
Elections. Mr. Thrasher stated he conscientiously moved to obtain thos e permits for the
Town of Gulf Stream which ultimately meant Delray Beach.
Mayor McDuffie stated modifying the beginning date to March 15, 2011
is fair.
Mr. Carney moved to approve Amendment No. 1 to the Interlocal
Agreement with the Town of Gulf Stream with the start date of March 15, 2011 and that
those payments can be deferred, seconded by Mrs. Gray. Upon roll call the Commission
voted as follows: Mr. Frankel – No; Mrs. Gray – Yes; Mayor McD uffie – Yes; Mr.
Carney – Yes. Said motion passed with a 4 to 0 vote.
The City Manager stated staff will modify the agreement a nd transmit it to
the Town of Gulf Stream for their consideration and it would come bac k to the City
Commission for final approval.
9.E. APPOINTMENT OF PERSON TO FILL UNEXPIRED TERM OF
COMMISSIONER FETZER: Consider appointment of a person to fill the unexpired
term of Commissioner Fetzer (Seat #2) until the March 13, 2012 Municipal Election.
Mayor McDuffie stated he has 10 résumés out of the 11 people and has
not interviewed anyone.
Mr. Carney stated he just returned from vacation and has not had time to
speak to anybody. Mr. Carney stated he has not had time to spea k to anyone although he
has received the 11 resumes.
Mrs. Gray asked what would happen if the Commission does not vote
tonight on this. The City Attorney stated the Charter provides that the Commission have
two regular meetings; tonight is one meeting and August 16, 2011 would b e the second
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regular meeting where the Commission would have to make a deter mination otherwise
they would have to hold a special election.
Mr. Frankel stated he has interviewed everyone over the last tw o days and
expressed concern over holding this off for two weeks.
The City Manager stated if the Commission wishes to do so the y can place
this item on the Workshop Meeting as a special item and suggest ed that this item be
heard in the Commission Chambers and then go back to the conference room for the rest
of the meeting.
It was the consensus of the Commission to place this as a Spe cial Meeting
item on August 9, 2011.
Mayor McDuffie several people have asked him whether the Comm ission
wants to appoint someone who is going to serve the remainder of the t erm and not run for
re-election or whether the Commission is going to appoint someone who will run for re-
election.
Mr. Frankel stated he asked each candidate the exact same quest ions
because the uniformity was important to him. He stated that wa s one of the issues that he
questioned the candidates and noted it was very helpful to him.
Brief discussion by the Commission continued.
9.F. APPOINTMENTS TO THE FINANCIAL REVIEW
BOARD: Appoint two (2) regular members to serve unexpired terms ending J uly 31,
2012 and one (1) alternate member to serve a two (2) year term endi ng July 31, 2013 to
the Financial Review Board. Based upon the rotation system, the appoint ments will be
made by Commissioner Frankel (Seat #3), Mayor McDuffie (Seat #5) and Commissioner
Carney (Seat #1).
Mr. Frankel expressed concern over the stability of the Financi al Review
Board.
The City Manager stated the three people resigned because of the new
County Ethics law.
Mr. Frankel moved to reappoint Anthony Cattone as a regular member to
serve on the Financial Review Board to serve an unexpired term e nding July 31, 2012,
seconded by Mrs. Gray. Upon roll call the Commission voted as follow s: Mrs. Gray -
Yes; Mayor McDuffie – Yes; Mr. Carney – Yes; Mr. Frankel – Yes. Said motion passed
with a 4 to 0 vote.
Mayor McDuffie stated he wished to defer his appointment to t he next
regular meeting of August 16, 2011.
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Mr. Carney stated he would like to defer his appointment to the nex t
regular meeting of August 16, 2011.
9.G. APPOINTMENTS TO THE EDUCATION BOARD: Appoint two (2)
regular members to serve two (2) year terms ending July 31, 2013 to the Education
Board. Both appointments will be made by Commissioner Frankel (Seat #3).
Mr. Frankel moved to appoint Shannon Schwartz as a regular on the
Education Board to serve a two (2) year term ending July 31, 2013, seconded by Mrs.
Gray. Upon roll call the Commission voted as follows: Mayor McD uffie – Yes; Mr.
Carney – Yes; Mr. Frankel – Yes; Mrs. Gray – Yes. Said motion passed with a 4 to 0
vote.
Mr. Frankel moved to appoint Lee Cohen as a regular member on the
Education Board to serve a two (2) year term ending July 31, 2013, seconded by Mrs.
Gray. Upon roll call the Commission voted as follows: Mr. Carne y – Yes; Mr. Frankel –
Yes; Mrs. Gray – Yes; Mayor McDuffie – Yes. Said motion passed with a 4 to 0 vote .
9.H. APPOINTMENT TO THE CODE ENFORCEMENT BOARD:
Appoint one (1) alternate member to the Code Enforcement Board to s erve an unexpired
term ending January 14, 2013. Based upon the rotation system, the appointme nt will be
made by Commissioner Gray (Seat #4).
Mrs. Gray moved to appoint Robert Wells, Sr. as an alternate member to
the Code Enforcement Board to serve an unexpired term ending January 14, 2013,
seconded by Mr. Frankel. Upon roll call the Commission voted as follow s: Mr. Frankel
– Yes; Mrs. Gray – Yes; Mayor McDuffie – Yes; Mr. Carney – Yes. Said motion passed
with a 4 to 0 vote.
9.I. APPOINTMENTS TO THE POLICE ADVISORY BOARD: Appoint
one (1) regular member to serve a two (2) year term ending July 31, 2013 and one (1)
regular member to serve an unexpired term ending July 31, 2012 to the Police Advisory
Board. Based upon the rotation system, both appointments will be made by
Commissioner Frankel (Seat #3).
Mr. Frankel moved to reappoint Kevin Warner as a regular member to the
Police Advisory Board to serve a two (2) year term ending July 31, 2013, seconded by
Mrs. Gray. Upon roll call the Commission voted as follows: Mrs . Gray – Yes; Mayor
McDuffie – Yes; Mr. Carney – Yes; Mr. Frankel – Yes. Said mot ion passed with a 4 to 0
vote.
Mr. Frankel moved to appoint Robert Shell as a regular member to the
Police Advisory Board to serve an unexpired term ending July 31, 2012, se conded by
Mrs. Gray. Upon roll call the Commission voted as follows: May or McDuffie – Yes;
Mr. Carney – Yes; Mr. Frankel – Yes; Mrs. Gray – Yes. Said motion passed with a 4 to 0
vote.
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9.J. APPOINTMENT TO THE NUISANCE ABATEMENT BOARD:
Appoint one (1) regular member to the Nuisance Abatement Boar d to serve a two (2)
year term ending July 31, 2013. Based upon the rotation system, the ap pointment will be
made by Commissioner Frankel (Seat #3).
Mr. Frankel moved to reappoint Nayda Cottone-Ovadia as a regular
member to the Nuisance Abatement Board to serve a two (2) year term ending July 31,
2013, seconded by Mrs. Gray. Upon roll call the Commission voted as f ollows: Mr.
Carney – Yes; Mr. Frankel – Yes; Mrs. Gray – Yes; Mayor McDu ffie – Yes. Said
motion passed with a 4 to 0 vote.
9.K. APPOINTMENT TO THE PUBLIC ART ADVISORY BOARD:
Appoint one (1) regular member to the Public Art Advisory Boar d to serve a two (2) year
term ending July 31, 2013. Based upon the rotation system, the appointme nt will be
made by Commissioner Frankel (Seat #3).
Mr. Frankel moved to appoint Jonathan Jonas as a regular member to the
Public Art Advisory Board to serve a two (2) year term ending July 31, 2013, seconded
by Mrs. Gray. Upon roll call the Commission voted as follows: Mr. Frankel – Yes; Mrs.
Gray – Yes; Mayor McDuffie – Yes; Mr. Carney – Yes. Said motion passed wit h a 4 to 0
vote.
9.L. APPOINTMENT TO THE PARKING MANAGEMENT ADVISORY
BOARD: Appoint one (1) Citizen-at-Large Representative to the Parking Management
Advisory Board to serve a two (2) year term ending July 31, 2013. Bas ed upon the
rotation system, the appointment will be made by Commissioner Frankel (S eat #3).
Mr. Frankel moved to reappoint Brian Rosen as a Citizen-at-Large
Representative to the Parking Management Advisory Board to serve a two (2) year term
ending July 31, 2013, seconded by Mrs. Gray. Upon roll call the Commission voted as
follows: Mrs. Gray – Yes; Mayor McDuffie – Yes; Mr. Carney – Yes; Mr. Frankel –
Yes. Said motion passed with a 4 to 0 vote.
9.M. APPOINTMENTS TO THE NEIGHBORHOOD ADVISORY
COUNCIL: Appoint three (3) regular members to serve a three (3) year ter m
ending July 31, 2014 and one (1) regular member to serve an unexpired term ending July
31, 2012 to the Neighborhood Advisory Council. Based upon the rotation system , the
appointments will be made by Commissioner Carney (Seat #1), Comm issioner Frankel
(Seat #3), Mayor McDuffie (Seat #5) and Commissioner Frankel (Seat #3).
Mr. Carney moved to appoint Maureen Smith (At Large Representa tive)
as a regular member to the Neighborhood Advisory Council to serve a three (3) year term
ending July 31, 2014, seconded by Mr. Frankel. Upon roll call the Commiss ion voted as
follows: Mayor McDuffie – Yes; Mr. Carney – Yes; Mr. Franke l – Yes; Mrs. Gray –
Yes. Said motion passed with a 4 to 0 vote.
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Mr. Frankel moved to appoint David Stein (Zone 5) as a regular me mber
to the Neighborhood Advisory Council to serve a three (3) year term ending July 31,
2012, seconded by Mrs. Gray. Upon roll call the Commission voted as f ollows: Mr.
Carney – Yes; Mr. Frankel – Yes; Mrs. Gray – Yes; Mayor McDu ffie – Yes. Said
motion passed with a 4 to 0 vote.
Mayor McDuffie stated he wished to appoint Theresa DiPerna (Zone 1) as
a regular member to the Neighborhood Advisory Council to serve a t hree (3) year term
ending July 31, 2014. Mr. Frankel so moved, seconded by Mrs. Gray. Upon roll call the
Commission voted as follows: Mr. Frankel – Yes; Mrs. Gray – Yes ; Mayor McDuffie –
Yes; Mr. Carney – Yes. Said motion passed with a 4 to 0 vote.
Mr. Frankel moved to appoint Lee Cohen (At Large Representative) as a
regular member to the Neighborhood Advisory Council to serve an unex pired term
ending July 31, 2012, seconded by Mrs. Gray. Upon roll call the Commission voted as
follows: Mrs. Gray – Yes; Mayor McDuffie – Yes; Mr. Carney – Yes; Mr. Frankel –
Yes. Said motion passed with a 4 to 0 vote.
12. FIRST READINGS:
A. None
13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS.
A. City Manager
B. City Attorney
C. City Commission
There being no further business, Mayor McDuffie declared the m eeting
adjourned at 10:37 p.m.
________________________________________________
City Clerk
ATTEST:
____________________________________
M A Y O R
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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 Meeti ng held
on August 2, 2011, which Minutes were formally approved and adopted by the C ity
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 wil l become the official
Minutes only after review and approval which may involve some amendme nts, additions
or deletions as set forth above.
City Commission Meeting on August 2, 2011; Item 9.A.
City Commission Meeting on August 2, 2011; Item 9.A.
City Commission Meeting on August 2, 2011; Item 9.A.
City Commission Meeting on August 2, 2011; Item 9.A.
City Commission Meeting on August 2, 2011; Item 9.B.
City Commission Meeting on August 2, 2011; Item 9.B.
City Commission Meeting on August 2, 2011; Item 9.B.
City Commission Meeting on August 2, 2011; Item 9.B.
City Commission Meeting on August 2, 2011; Item 9.B.
City Commission Meeting on August 2, 2011; Item 9.B.
City Commission Meeting on August 2, 2011; Item 9.B.
City Commission Meeting on August 2, 2011; Item 9.B.1
City Commission Meeting on August 2, 2011; Item 9.B.1
City Commission Meeting on August 2, 2011; Item 9.B.1
City Commission Meeting on August 2, 2011; Item 9.C.
City Commission Meeting on August 2, 2011; Item 9.C.
08/16/11
AUGUST 16, 2011
A Regular Meeting of the City Commission of the City of De lray Beach,
Florida, was called to order by Mayor Nelson S. McDuffie in the Commission Chambers at
City Hall at 6:00 p.m., Tuesday, August 16, 2011.
1. Roll call showed:
Present - Commissioner Tom Carney
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 Nancy Norman with U nity
Church of Delray Beach.
3. The Pledge of Allegiance to the flag of the United States of America was
given.
4. AGENDA APPROVAL.
Mr. Frankel moved to approve the Agenda, seconded by Mrs. Gray. Upon
roll call the Commission voted as follows: Mr. Frankel – Yes; Mrs. Gray – Yes; Mayor
McDuffie – Yes; Mr. Carney – Yes. Said motion passed with a 4 to 0 vote.
5. APPROVAL OF MINUTES:
Mr. Carney moved to approve the Special/Workshop Meeting Minutes of
August 8, 2011, seconded by Mrs. Gray. Upon roll call the Commission voted as follows:
Mrs. Gray – Yes; Mayor McDuffie – Yes; Mr. Carney – Yes; M r. Frankel – Yes. Said
motion passed with a 4 to 0 vote.
Mrs. Gray moved to approve the Special Meeting of August 9, 2011,
seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mayor
McDuffie – Yes; Mr. Carney – Yes; Mr. Frankel – Yes; Mrs. G ray – Yes. Said motion
passed with a 4 to 0 vote.
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08/16/11
Mr. Frankel moved to approve the Workshop Meeting of August 9, 2011,
seconded by Mrs. Gray. Upon roll call the Commission voted as follow s: Mr. Carney –
Yes; Mr. Frankel – Yes; Mrs. Gray – Yes; Mayor McDuffie – Yes. Said motion passed
with a 4 to 0 vote.
6. PROCLAMATIONS:
6.A. None
6.A. Fire Fighter Appreciation Month – August 2011
Mayor McDuffie read and presented a proclamation hereby pr oclaiming the
month of August 2011 as Fire Fighter Appreciation Month in Delray Bea ch, Florida.
Brandy Miller stated the Muscular Dystrophy Association ca nnot thank the City of Delray
Beach Fire-Rescue Department for their support and last year they rais ed over $92,000.00.
7. PRESENTATIONS:
7.A. Oath of Office administered to Newly-Appointed City Commi ssion
Member: Dr. Jay Alperin
At this point, the City Clerk swore in Dr. Jay Alperin as the newly-
appointed City Commission member.
7.B. S.P.I.R.I.T. (Service, Performance, Integrity, Responsibility,
Innovation, Teamwork) Committee Quarterly Awards Presentation)
The item before the City Commission is the recognition of thr ee (3)
quarterly winners chosen by the SPIRIT Committee for their se rvice, performance,
integrity, responsibility, innovation, and teamwork.
Amy Alvarez, SPIRIT Co-Chairperson, stated the first award is for
Jasmin Allen, Planner in the Planning and Zoning Department, who has w orked for the
City for 27 years and constantly demonstrated S.P.I.R.I.T and has a history of exemplary
City service and has positively impacted the City, the Community, and the g eneral public.
Patricia Rashkind, SPIRIT Committee Member, stated in June the Police
Department switched over to a completely new computer syst em called OSSI. Ms.
Rashkind stated everyone was trained on it but when it became li ve everyone was
overwhelmed and confused. Rhea Gerstenkorn came from another departme nt and had
already worked on that system. Ms. Rashkind stated they work in the records department
and Ms. Gerstenkorn was always willing to help with whatever anyone needed help with on
the new computer system with a smile.
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08/16/11
Detective Gina Gallina, SPIRIT Committee Member, stated a few weeks
ago Detective Casey Thume received a case on her case which i nvolved an elderly victim
whose only source of financial income was her once a month social security deposit. Ms.
Gallina stated an unknown suspect took money out of her account unauthorized and
drained her account. Detective Thume called to check on the victim she found out that the
victim had no money and was in desperate need for food and medication. Detective Th ume
bought groceries with her own money and delivered them to the victim a nd has since called
the victim several times to check up on her and twice bought food for her again.
8. CONSENT AGENDA: City Manager Recommends Approval.
8.A. REQUEST FOR SIDEWALK DEFERRAL/15 N.W. 16 TH STREET:
Approve a request to defer the installation of a sidewalk along N.W . 16th Street for the
property located at 15 N.W. 16th Street.
8.B. COMMUNITY DEVELOPMENT BLOCK GRANT
(CDBG)/HOUSING REHABILITATION CONTRACT AWARDS: Approve two (2)
Housing Rehabilitation contract awards for 905 S.W. 11th Terrace and 702 S.W. 1st Street
to Abisett Corporation, the lowest responsive bidder , in the amount of $60,815.85 for
housing rehabilitation grants under the Community Development Block Grant (CDBG).
Funding is available from 118-1963-554-49.19 (Neighborhood Services: Other Curr ent
Charges/Housing Rehabilitation).
8.C. RESOLUTION NO. 32-11: Approve Resolution No. 32-11 assessing costs
for abatement action required to remove nuisances on three (3) pro perties throughout the
City.
The caption of Resolution No. 32-11 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 DECLARING SAID LEVY
TO BE A LIEN UPON THE SUBJECT PROPERTY FOR
UNPAID ASSESSMENTS.
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(The official copy of Resolution No. 32-11 is on file in the Ci ty Clerk’s
office.)
8.D. BID AWARD/MURRAY LOGAN CONSTRUCTION, INC.: Approve a
bid award to Murray Logan Construction, Inc. in the amount of $194,510.00 for
modifications to the Mangrove Park Boat Ramps. Funding is availab le from 334-4174-572-
63.90 (General Construction Fund: Improvements Other/Other Improvements).
1. CHANGE ORDER NO. 1/MURRAY LOGAN
CONSTRUCTION, INC.: Approve Change Order No. 1 with
Murray Logan Construction, Inc. to decrease the total contract
amount to $188,240.00 for modifications to the Mangrove Park Boat
Ramps. Funding is available from 334-4174-572-63.90 (General
Construction Fund: Improvements Other/Other Improvements).
8.E. PROPOSED MILLAGE RATE/DOWNTOWN DEVELOPMENT
AUTHORITY: Approve the Downtown Development Authority’s proposed millage rate
for FY 2012.
8.F. REQUEST FOR AN ALCOHOLIC BEVERAGE LICENSE/OLD
SCHOOL SQUARE: Approve a request from Old School Square Inc., to allow them to
obtain an alcoholic beverage license for the Old School Square site.
8.G. SPECIAL EVENT REQUEST/17 TH ANNUAL DOWNTOWN
DELRAY BEACH CRAFT FESTIVAL: Approve a special event request to endorse the
17th Annual Downtown Delray Beach Craft Festival sponsored by Howa rd Alan Events,
Ltd. to be held October 1-2, 2011 from 10:00 a.m. to 5:00 p.m., to grant a te mporary use
permit per LDR Section 2.4.6(F) for use of N.E. 4th Avenue from Atl antic Avenue to N.E.
1st Street and from Atlantic Avenue to S.E. 1st Street to utiliz e the north end of the Hand’s
Parking Lot for vendor parking and to provide staff support for traff ic control, security and
fire inspection services.
8.H. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD
ACTIONS: Accept the actions and decisions made by the Land Development Boa rds for
the period August 1, 2011 through August 12, 2011.
8.I. AWARD OF BIDS AND CONTRACTS:
1. Purchase award to Island Air Conditioning in the amount of
$18,500.00 for the replacement of two (2) air-conditioning units at
the Community Center. Funding is available from 334-4125-572-
64.90 (General Construction Fund: Machinery & Equipment, Other
Machinery & Equipment).
Mr. Frankel moved to approve the Consent Agenda as amended, seconded
by Mrs. Gray. Upon roll call the Commission voted as follows: Dr. Alperin – Yes; Mr.
Frankel – Yes; Mrs. Gray – Yes; Mayor McDuffie – Yes; Mr. C arney – Yes. Said motion
passed with a 5 to 0 vote.
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9. REGULAR AGENDA:
9.A. WAIVER REQUESTS/BLOCK 11: Consider approval of two (2) waivers
to Land Development Regulations (LDR) Section 4.6.14(B)(6), “Sight Vi sibility”, to
reduce the forty foot (40’) sight visibility triangle to 22.59’ at the intersection of S.E. 5th
Avenue and 6th Street, and to 32.21’ at the intersection of S.E. 6th Avenue and 7th Street;
and four (4) waivers to Land Development Regulations (LDR) Secti on 4.6.9(D)(3)(c)(2),
“Stacking Distance”, to allow reduction of the stacking distance fr om the required fifty feet
(50’) for parking lots with 51 or more spaces to 27.95’ along S.E. 5th Ave nue, 32.56’ along
S.E. 7th Street, 43.5’ along S.E. 6th Street and 32.57’ along S.E. 6th Avenue for Block 11.
(Quasi-Judicial Hearing)
Mayor McDuffie read the City of Delray Beach Quasi-Judici al rules into the
record for this item and all subsequent items.
Chevelle D. Nubin, City Clerk, swore in those individuals who wished to
give testimony on this item.
Mayor McDuffie asked the Commission to disclose their ex par te
communications. The Commission had no ex parte communications to disclose.
Paul Dorling, AICP, Director of Planning and Zoning, entered the Pla nning
and Zoning Department project file #2011-057 into the record.
Mr. Dorling stated this item is for six (6) waivers from two (2) sections of
the Code in association with a Class V approval for Block 11 located between southbound
and northbound Federal Highway south of S.E. 6 th Street. He stated it is currently vacant
with the exception of a salon. Mr. Dorling stated the Class V site plan that was approved
for this includes 18,590 square feet of retail, 2,751 square feet of mez zanine, and a future
5,022 square feet bank. The first two waivers relate to site visi bility triangles which are
required to be 40 feet and the request is for reduction to 22 feet and 32 feet. Mr. Dorling
stated given the one-way traffic staff believes these wai vers are supportable. Mr. Dorling
stated the required findings are made to LDR Section 2.4.7(B)(5). He stated the other four
waivers relate to a requirement for stacking and there is a m inimum 50 foot stacking when
you have more than 21 parking spaces within a parking lot that is us ually associated with a
single entry or exit point. Mr. Dorling stated given the multi ple entrances and exits staff
also recommends support of these waiver reductions from 50 to 27.95 to 32.56 to 32.57 and
43.5 feet. These six (6) waivers were considered by the Site P lan Review and Appearance
Board (SPRAB) as part of the Class V site plan approval and the Board recommended
approval of all six (6) waivers.
Mike Covelli (Applicant), stated they meet the standards for granting the
waivers.
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Mayor McDuffie declared the public hearing open. There b eing no one
from the public who wished to address the Commission regarding t he waiver requests, the
public hearing was closed.
The City Attorney briefly reviewed the Board Order with the Commission
who made findings according to their consensus (attached hereto is a copy and made an
official part of the minutes).
Mr. Carney moved to adopt the Board Order as presented, sec onded by Mrs.
Gray. Upon roll call the Commission voted as follows: Mr. Franke l – Yes; Mrs. Gray –
Yes; Mayor McDuffie – Yes; Mr. Carney – Yes; Dr. Alperi n – Yes. Said motion passed
with a 5 to 0 vote.
9.B. WAIVER REQUEST/THE OFFICE: Consider approval of a waiver
request to Land Development Regulations (LDR) Section 6.3.3(F)(2), “R egulations
Governing the Use, Design, and Maintenance of a Sidewalk Café”, re lating to the
placement of sidewalk furniture adjacent to a street for Th e Office located at 201 East
Atlantic Avenue. (Quasi-Judicial Hearing)
Chevelle D. Nubin, City Clerk, swore in those individuals who wished to
give testimony on this item.
Mayor McDuffie asked the Commission to disclose their ex par te
communications. Mr. Frankel stated he has not had any new discussions other than the
ones he disclosed at the August 2, 2011 meeting and he emailed Mrs. Butle r since the
August 2, 2011 meeting and Mr. Al Berg replied to the email. Mrs. Gray stated she has not
have had any new conversations other than the ones she had at the las t meeting and also
spoke to Mrs. Butler. Mayor McDuffie stated he had a discussion w ith Attorney Jeffrey
Lynne. Mr. Carney stated he had a discussion with Attorney Jeffr ey Lynne briefly after his
meeting with staff regarding his waiver request and spoke with M rs. Butler. Dr. Alperin
stated he had communication with Attorney Jeffrey Lynne, the City Attorney and the City
Manager.
Lula Butler, Director of Community Improvement, stated this item is
consideration of a request from the Office Restaurant pursuant to LDR Section 2.4.7(B)(2)
for a waiver to Section 6.3.3(F)(2) relating to the placement of si dewalk furniture adjacent
to a street. Mrs. Butler stated the applicant requests a wai ver to the requirements to Section
6.3.3(F)(2) that governs the tables and chairs related to furniture and requiring a two (2)
foot setback from the curb when it is adjacent to a travel lan e adjacent to a street. She
stated the sidewalk ordinance was modified in 2010 to include this provi sion. Mrs. Butler
stated if the Commission chooses to grant the request staff rec ommends that the owner be
required to use 2 seat tables for a minimum of 80% of the seats that will be assigned and
that no more than 20% of those seats be 4 seat tables to minimize the encroachment i nto the
required two foot setback from the curb and ensure the five foot pedes trian access. Staff
recommends approval of the waiver request to LDR Section 6.3.3.(F)(2) with the condition
that the tables used along Pineapple Grove are limited to 80% sm all 2 seat tables, 20% 4
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seaters and that the five foot pedestrian access be strictly mainta ined.
Jeffrey Lynne, Attorney with Weiner and Lynne, P.A., 10 S.E. 1 st
Avenue, Delray Beach, FL 33444 (representing the Applicant), stated the applicant
agrees to the conditions set forth in the staff report and believ es they have met all the
standards for the waiver.
Mayor McDuffie stated if anyone from the public would like to speak in
favor or in opposition of the waiver request, to please come forward at this tim e.
Dr. Victor Kirson, D.D.S., 2050 Alta Meadows Lane #2110, Delray
Beach, FL 33444 (President of the Board of Directors of Tierra Verde at Delray B each
and member of the Alliance), stated this intersection was already hit with an accident and
others have been hit with an accident so by putting 2 seaters w here they are still the same
amount of distance away from the car bumpers does not really do an ything to solve the
problem. Dr. Kirson stated a minor adjustment is not an excuse for people’s life to be put
in jeopardy.
There being no one else from the public who wished to address t he
Commission regarding the waiver request, the public hearing was cl osed.
Mr. Lynne stated there has never been an accident at this inter section;
however, there was an incident coming off Atlantic Avenue and Swinton Avenue where the
speeds are much higher. He stated he reviewed the historical records of all incidents at this
location and the only incidents have been people hitter each other’s bumpers and those
were submitted as part of the record. Mr. Lynne stated the re has never been a single safety
incident at this intersection. Mr. Lynne stated Mr. Manero sp ends his own money and time
to have an employee to do nothing but police the sidewalk on 2 nd Avenue to make sure the
five foot clear zone is maintained. Mr. Lynne stated there is no safety issue and does not
accept the factual representation contrary to the record.
Mr. Frankel stated he reviewed the applicant’s letter dated A ugust 5, 2011
and attached are numerous traffic accident reports with accident s right in this area. He
stated he walks past this area a couple times a day and wit nesses cars speeding through the
intersection and has been out on the corner of Atlantic Avenue and Swinton Avenue on two
occasions and have seen cars go up on the curb. Mr. Frankel stated he disagrees with the
five foot zone always being maintained because on Friday and Sat urday night around
9:00/10:00 p.m. there is a lot of people in that area and does not beli eve that is always
done. Mr. Frankel stated while he appreciates the fact that the tables have been reduced so
the number of people are not as plentiful in this area all it takes is one car to go up over the
curb and people can be injured and the City could be held liable . Mr. Frankel stated he
cannot support the waiver because LDR Section 2.4.7(B)(5)(c).
Mrs. Gray stated she supports the waiver and staff’s recomme ndation. She
stated the two feet setback is a help and feels they have be en doing a better job with the
five foot pedestrian access. Mrs. Gray stated with the seati ng being smaller helps and also
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feels that if there is going to be an accident there it wi ll not matter about the two feet
because someone is still going to get hurt and suggested that the speed limit in this area be
addressed.
Mr. Carney stated he was out on Taste on the Avenue and noted that the
area was passable and noticed that there had already been an e ffort made in the table
configuration. In his opinion, Mr. Carney stated they were able t o preserve the passageway
and supports the waiver request.
Dr. Alperin expressed concern over precedent setting and st ated with regard
to the findings LDR Section 2.4.7(B)(5)(d) states “does not result in t he grant of special
privilege in that the same waiver would be granted under similar circumstances on other
property for another applicant or owner.” Therefore, Dr. Alperi n stated this is specific to
this piece of property and does not entitle anyone else this sp ecific waiver and he is
comfortable with supporting the waiver because of that.
Mayor McDuffie stated we need to look at the entire Avenue a nd stated if
the City wants to make a safety standard we need to start taki ng a look at bollards on the
edge of the sidewalks up and down Atlantic Avenue and up and down Pineapple Grove th at
have the ability to stop an automobile. He stated once a car turns off one of the streets
nothing is going to stop it from going into the tables and patrons and suggested that this be
looked at all over the City.
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 subject to the conditi ons,
seconded by Mrs. Gray. Upon roll call the Commission voted as fol lows: Mrs. Gray –
Yes; Mayor McDuffie – Yes; Mr. Carney – Yes; Dr. Alperin – Yes; Mr. Frankel – No.
Said motion passed with a 4 to 1 vote, Commissioner Frankel dissenting.
9.C. NON-EXCLUSIVE LICENSE AGREEMENT/DELRAY BEACH
ATHLETIC CLUB, INC.: Consider approval of a Non-Exclusive License Agreement
between the City and the Delray Beach Athletic Club, Inc. for use of the Seacrest Soccer
Complex and Hilltopper Stadium.
Mayor McDuffie introduced George Linley, Executive Director of the Palm
Beach County Sports Commission.
George Linley, Executive Director of the Palm Beach County Sp orts
Commission, stated over the last year the City of Delray Beach Parks a nd Recreation
Department have been a great partner for the Palm Beach C ounty Sports Commission and
appreciates the City’s partnership in helping them grow sp orts tourism and economic
development. Mr. Linley stated they have a lot of good sporting e vents planned for this
coming year in Delray Beach.
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Linda Karch, Director of Parks and Recreation, stated this item is a non-
exclusive license agreement between the City of Delray Bea ch and the Delray Beach
Athletic Club for use of the Seacrest Soccer Complex and Hi lltopper Stadium for five (5)
years. Ms. Karch stated under terms of this agreement the City will al low the Athletic Club
to have non-exclusive use of the Soccer Complex, the concession building , storage and
bathrooms as well as the non-exclusive use of Hilltopper Stadium subject to the City’s
Lease Agreement with the School Board for same. The Athletic Club will indemnify the
City and provide liability insurance on a certificate listing the City as additional insured,
provide coaches for soccer/lacrosse, clean up after each use, a nd coordinate the use of the
Soccer Complex and Hilltopper Stadium with the City’s Park a nd Recreation Director in
advance of each season.
Terrill Pyburn, Assistant City Attorney, stated she is pr esent for any
questions the Commission may have.
Mr. Carney stated the amount of use that will be a result of t his agreement.
He asked who pays for the wear and tear. Ms. Karch stated the City maintains the fields.
Mr. Carney stated there is a private entity that is going t o be using the facility and asked if
there should be some type of restitution for expense the City in curs for maintaining the
facility.
The City Manager stated the Little League is exactly the same str ucture.
Ms. Pyburn noted for clarification that the School Board also has the use of
this field as well as St. Vincent Ferrer Catholic Church and oc casionally the Delray Rocks.
In addition, Ms. Pyburn stated XPE (a/k/a Prep and Sports) uses a small portion of the field
and they have a separate license agreement.
Ms. Karch stated this does not increase the usage of the field p ut is just
putting in writing what has actually been going on for several years. She stated last year a
proposal came before the Commission to charge a per head fe e for the different
organizations and that was tabled for several reasons. However, Ms. Karch stated this is
being considered to bring back before the Commission at a later date.
Mr. Carney stated he likes user fees because someone who does not use an
athletic field a portion of their tax dollars are going towards something they never use
although he understands it is good for the community at large. The C ity Manager stated
another way to look at is that these organizations provide these spor ts for the youth in the
community unlike basketball and Rocks football where the City is p roviding it through the
Parks and Recreation Department at a considerable additional exp ense. The City not only
maintains the facility but is also staffing the program. Mr. Carney stated he thinks these
are great programs but suggested that we find additional revenue sources to defray some of
the costs if possible.
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Mrs. Gray expressed concern over the scheduling of the field and stated in
the past there were some scheduling conflicts with other organiza tions. She stated the
soccer and lacrosse will be using the field 10 or 11 months out of the year and asked how
this will affect the City with having other organizations come in and do programs. Ms.
Karch stated the programs are scheduled through the recreation offi ce so even though one
organization would have the field usage for a certain period of time that if there are events
the City works it out with the sports provider and noted the Sprin g Fling is scheduled to
come in the Spring and staff has already discussed this with the Delray Bea ch Athletic Club
about setting out those dates so there will not be a conflict. Mr s. Gray stated the City shuts
down the field a certain amount of time out of the year and asked if staff can make su re that
is included in the contract and asked if Prep and Sports contract is similar to this contract.
Ms. Pyburn stated staff provided that the Parks and Recreation Di rector has final say with
regards to scheduling and referenced page 3, Section 4.e., which st ates “Athletic Club shall
be responsible for coordinating use of the Soccer Complex and Hil ltopper Stadium with the
Parks Director in advance of each season. Athletic Club shall notify the Parks Director or
his/her designee at least five (5) days prior to any schedule c hange. The City Parks Director
shall have the final say regarding scheduling for both the Soccer C omplex and Hilltopper
Stadium.”
Mrs. Gray stated last year there was a problem where P rep and Sports was
there and the Delray Athletic Club needed to use the field and t here were conflicts with
times. Furthermore, Mrs. Gray stated if this is put in one contr act then it needs to be in the
other as well. Ms. Pyburn stated there are specific times listed in the contract with Prep
and Sports; however, their contract is up for renewal in March 2012.
The City Attorney stated if fees come back in front of the Commission they
may want to have a clause in the agreement that if the City enacts a city-wide fee that
applies to all participates in sports that likewise that i t would apply to any participants that
are part of the Soccer Complex.
Mrs. Gray stated she hopes that Parks and Recreation takes on t he
responsibility to make sure that the City is scheduling appropr iately for everyone because
the soccer group felt they were in charge of the scheduling. M r. Carney concurred with
comments expressed by Mrs. Gray and commented about the equipment being stored on-
site and wants to make sure that the City has no liability shoul d anything happen to that
equipment. Ms. Karch stated she believes the agreement states that the City is not
responsible for their equipment.
Brief discussion followed between the City Attorney, Assistant City
Attorney, and the City Commission.
Mrs. Gray stated she supports the user fees for everyone but feels we need to
generate more revenue for our programs and maintenance.
Dr. Alperin stated there are certain facilities that you p rovide to its
citizenship and feels you cannot charge for everything.
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Mayor McDuffie supports staff’s recommendation and thanked them for all
their work.
Mr. Frankel moved to approve a Non-Exclusive License Agreement
between the City and the Delray Beach Athletic Club, Inc. for the use of the Seacrest
Soccer Complex and Hilltopper Stadium as amended, seconded by Dr. Alperin. Upon roll
call the Commission voted as follows: Mayor McDuffie – Yes; M r. Carney – Yes; Dr.
Alperin – Yes; Mr. Frankel – Yes; Mrs. Gray – Yes. Said motion passed with a 5 to 0 vot e.
At this point, the time being 7:00 p.m., the Commission moved to the du ly
advertised Public Hearings portion of the Agenda.
10. PUBLIC HEARINGS:
10.A. PUBLIC COMMENTS/FY 2012 PROPOSED BUDGET: The City
Commission will hear public comments, if any, regarding the F Y 2012 Proposed Budget at
this time.
None.
At this point, the time being 7:02 p.m., the Commission moved back to Item
9.D. of the Regular Agenda.
9.D. UMBRELLA AGREEMENT FOR BANKING SERVICES/BANK OF
AMERICA: Consider approval of an umbrella agreement with Bank of Ameri ca to
provide government banking services through September 30, 2014.
David Boyd, Finance Director, stated staff requests approval of a banking
agreement with Bank of America and noted Bank of America is cur rently the City’s
banking partner but this agreement includes the following key i mprovements: (1)
enhanced fraud protection, (2) on-line treasury management, (3) improved c hecking
depository services (primarily for the utility administrati on). Mr. Boyd stated utility
administration currently receives a little over 15,000 checks per month and all of those are
manually processed, deposited, and reconciled. Mr. Boyd stated this a greement will give
staff the capability to deposit those checks electronically w hich will greatly improve the
efficiency of utility administration and internal control. The cost is approximately
$66,000.00 at today’s volume and is included in the 2012 budget.
Mr. Carney moved to approve the Umbrella Agreement for banking services
between Bank of America and the City of Delray Beach to provide government banking
services through September 30, 2014, seconded by Mrs. Gray. Upon roll call the
Commission voted as follows: Mr. Carney – Yes; Dr. Alperin – Ye s; Mr. Frankel – Yes;
Mrs. Gray – Yes; Mayor McDuffie – Yes. Said motion passed with a 5 to 0 vote.
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9.E. STATE INFRASTRUCTURE BANK (SIB) APPLICATION/FLORIDA
DEPARTMENT OF TRANSPORTATION: Consider approval of an application to the
State Infrastructure Bank (SIB), Florida Department of Transpor tation (FDOT) for a loan in
the amount of $1,856,708.00 to provide the balance of funding needed for the US 1
Beautification project from just south of S.E. 10th Street to jus t north of George Bush
Boulevard.
Randal Krejcarek, City Engineer, stated staff requests appr oval of this item
for a Department of Transportation State Infrastructure Bank (SIB) revolving loan
application that staff would like to submit and the deadline is A ugust 31, 2011. Mr.
Krejcarek stated this is for the US-1 Beautification Project just south of S.E. 10 th Street to
just north of George Bush Boulevard on both northbound and southbound US-1. Mr.
Krejcarek stated the total project is estimated to be ar ound $9.1 million and the City has
approximately $7.2 million committed from the State and Federal gr ants and received
$178,000.00 from developers along the corridor as part of their contribution to the project.
Mr. Krejcarek stated there is also approximately $625,000.00 that is g oing to come out of
the Water and Sewer Fund and the Stormwater Fund combined going t oward this project
which will leave the City approximately $1.8 million short of the e stimated cost. Mr.
Krejcarek stated the State found out about this loan application pr ocess and stated that the
project is a perfect fit for it. Mr. Krejcarek stated Diane Col onna, Executive Director of the
Community Redevelopment Agency (CRA), took this to the CRA Boa rd last Thursday and
they approved the loan. Staff proposes a five year loan for the $1.8 million over five years
at 2.5% and the interest rate is negotiable.
Dr. Alperin moved to approve to authorize staff to submit the a pplicant to
the State Infrastructure Bank (SIB), seconded by Mr. Franke l. Upon roll call the
Commission voted as follows: Dr. Alperin – Yes; Mr. Frankel – Ye s; Mrs. Gray – Yes;
Mayor McDuffie – Yes; Mr. Carney – Yes. Said motion passed with a 5 to 0 vote.
9.F. OFFER OF SETTLEMENT IN DEMETRIA BRIDGETT V. CITY OF
DELRAY BEACH: Consider an Offer of Settlement in the total amount of $20,000.00 in
Demetria Bridgett v. City of Delray Beach. Staff recommends approval .
The City Attorney stated this item came before the City C ommission several
meetings ago the settlement offer was $55,000.00 and the Commission was not in favor of
that amount. At this point, the City Attorney stated the settlem ent offer is for $20,000.00
and staff recommends approval of this provided staff receives the appropriate releases from
the plaintiff.
Dr. Alperin moved to approve the Offer of Settlement in the tot al amount of
$20,000.00 in Demetria Bridgett v. City of Delray Beach, seconded by M rs. Gray. Upon
roll call the Commission voted as follows: Mr. Frankel – Yes; Mrs. Gray – Yes; Mayor
McDuffie – Yes; Mr. Carney – Yes; Dr. Alperin – Yes. Said mot ion passed with a 5 to 0
vote.
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9.G. APPOINTMENTS TO THE PLANNING & ZONING BOARD:
Appoint three (3) regular members to the Planning & Zoning Board t o serve two (2) year
terms ending August 31, 2013. Based upon the rotation system, the appointm ents will be
made by Commissioner Frankel (Seat #3), Commissioner Gray (Se at #4) and Mayor
McDuffie (Seat #5).
Mr. Frankel moved to appoint Gerald Franciosa as a regular memb er to the
Planning and Zoning Board to serve a two (2) year term ending Aug ust 31, 2013, seconded
by Mrs. Gray. Upon roll call the Commission voted as follows: M rs. Gray – Yes; Mayor
McDuffie – Yes; Mr. Carney – Yes; Dr. Alperin – Yes; Mr. Fr ankel – Yes. Said motion
passed with a 5 to 0 vote.
Mrs. Gray moved to reappoint Alson Jacquet as a regular member t o the
Planning and Zoning Board to serve a two (2) year term ending Aug ust 31, 2013, seconded
by Mr. Frankel. Upon roll call the Commission voted as follows: Mayor McDuffie – Yes;
Mr. Carney – Yes; Dr. Alperin – Yes; Mr. Frankel – Yes; Mrs. Gray – Yes. Said motion
passed with a 5 to 0 vote.
Mayor McDuffie stated he wished to reappoint Connor Lynch as a re gular
member to the Planning and Zoning Board to serve a two (2) year t erm ending August 13,
2013. Mr. Frankel so moved, seconded by Mr. Carney. Upon roll call the C ommission
voted as follows: Mr. Carney – Yes; Dr. Alperin – Yes; Mr. Frankel – Yes; Mrs. Gray –
Yes; Mayor McDuffie – Yes. Said motion passed with a 5 to 0 vote.
9.H. APPOINTMENTS TO THE SITE PLAN REVIEW AND
APPEARANCE BOARD: Appoint one (1) regular member to serve an unexpired term
ending August 31, 2012 and two (2) regular members to serve two (2) yea r terms ending
August 31, 2013 to the Site Plan Review & Appearance Board. Based upon the rotation
system, the appointments will be made by Commissioner Gray (S eat #4), Mayor McDuffie
(Seat #5), and Commissioner Carney (Seat #1).
Mrs. Gray moved to appoint Shannon Dawson as a regular member to t he
Site Plan Review and Appearance Board to serve an unexpired ter m ending August 31,
2012, seconded by Mr. Frankel. Upon roll call the Commission voted as f ollows: Dr.
Alperin – Yes; Mr. Frankel – Yes; Mrs. Gray – Yes; Mayor McD uffie – Yes; Mr. Carney –
Yes. Said motion passed with a 5 to 0 vote.
Mayor McDuffie stated he wished to reappoint Scott Porten as a regular
member to the Site Plan Review and Appearance Board to serve a two (2) year term ending
August 31, 2013. Mr. Frankel so moved, seconded by Mrs. Gray. Upon roll ca ll the
Commission voted as follows: Mr. Frankel – Yes; Mrs. Gray – Ye s; Mayor McDuffie –
Yes; Mr. Carney – Yes; Dr. Alperin – Yes. Said motion passed with a 5 to 0 vote.
Mr. Carney moved to appoint Sigurdur Hardester as a regular mem ber to the
Site Plan Review and Appearance Board to serve a two (2) ye ar term ending August 31,
2013, seconded by Mrs. Gray. Upon roll call the Commission voted as fol lows: Mrs. Gray
– Yes; Mayor McDuffie – Yes; Mr. Carney – Yes; Dr. Alperi n – Yes; Mr. Frankel – Yes.
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Said motion passed with a 5 to 0 vote.
9.I. APPOINTMENTS TO THE HISTORIC PRESERVATION BOARD:
Appoint one (1) regular member to serve an unexpired term ending A ugust 31, 2012 and
three (3) regular members to serve two (2) year terms endin g August 31, 2013 to the
Historic Preservation Board. Based upon the rotation system, the ap pointments will be
made by Commissioner Carney (Seat #1), Commissioner Frankel (Sea t #3), Commissioner
Gray (Seat #4) and Mayor McDuffie (Seat #5).
Mr. Carney moved to appoint Ana Maria Aponte as a regular memb er to the
Historic Preservation Board to serve a two (2) year term endi ng August 31, 2012, seconded
by Mr. Frankel. Upon roll call the Commission voted as follows: Mayor McDuffie – Yes;
Mr. Carney – Yes; Mr. Alperin – Yes; Mr. Frankel – Yes; Mrs. Gray – Yes. Said motion
passed with a 5 to 0 vote.
Mr. Frankel moved to appoint Iris McDonald as a regular member to the
Historic Preservation Board to serve a two (2) year term endi ng August 31, 2013,
seconded by Mrs. Gray. Upon roll call the Commission voted as follow s: Mr. Carney –
Dr. Alperin – Yes; Mr. Frankel – Yes; Mrs. Gray – Yes; Mayor McDuffie – Yes. Said
motion passed with a 5 to 0 vote.
Mrs. Gray stated she would like to defer her appointment to the next regular
meeting of September 6, 2011.
Mayor McDuffie stated he wished to appoint Ron Brito as a re gular member
to the Historic Preservation Board to serve a two (2) year ter m ending August 31, 2013.
Mr. Frankel so moved, seconded by Mr. Carney. Upon roll call the Commi ssion voted as
follows: Dr. Alperin – Yes; Mr. Frankel – Yes; Mrs. Gray – Yes; Mayor McDuffie – Yes;
Mr. Carney – Yes. Said motion passed with a 5 to 0 vote.
9.J. APPOINTMENTS TO THE FINANCIAL REVIEW BOARD: Appoint
one (1) regular member to serve an unexpired term ending July 31, 2012 a nd one (1)
alternate member to serve a two (2) year term ending July 31, 2013 to the Fi nancial Review
Board. Based upon the rotation system, the appointments will be m ade by Mayor McDuffie
(Seat #5) and Commissioner Carney (Seat #1).
Mayor McDuffie stated he wished to appoint Bradley Winney as a regular
member to the Financial Review Board to serve an unexpired term ending July 31, 2012.
Mr. Frankel so moved, seconded by Dr. Alperin. Upon roll call the Comm ission voted as
follows: Mr. Frankel – Yes; Mrs. Gray – Yes; Mayor McDuffi e – Yes; Mr. Carney – Yes;
Dr. Alperin – Yes. Said motion passed with a 5 to 0 vote.
Mr. Carney moved to appoint Sharon Roth as an alternate member to the
Financial Review Board to serve a two (2) year term ending July 31, 2013, seconded by
Mrs. Gray. Upon roll call the Commission voted as follows: Mrs . Gray – Yes; Mayor
McDuffie – Yes; Mr. Carney – Yes; Dr. Alperin – Yes; Mr. Fr ankel – Yes. Said motion
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passed with a 5 to 0 vote.
9.K. APPOINTMENT TO THE GREEN IMPLEMENTATION
ADVANCEMENT BOARD: Appoint one (1) alternate member to serve a two (2) year
term ending July 31, 2013 to the Green Implementation Advancement B oard. Based upon
the rotation system, the appointment will be made by Commissioner Frankel (Seat #3).
Mr. Frankel moved to appoint Laura Reines as an alternate membe r to the
Green Implementation Advancement Board to serve a two (2) year te rm ending July 31,
2013, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mayor
McDuffie – Yes; Mr. Carney – Yes; Dr. Alperin – Yes; Mr. Fra nkel – Yes; Mrs. Gray –
Yes. Said motion passed with a 5 to 0 vote.
9.L. APPOINTMENTS TO THE BOARD OF ADJUSTMENT: Appoint two
(2) regular members and two (2) alternate members to the B oard of Adjustment to serve
two (2) year terms ending August 31, 2013. Based upon the rotation syste m, the
appointments will be made by Commissioner Carney (Seat #1), Comm issioner Frankel
(Seat #3), Commissioner Gray (Seat #4) and Mayor McDuffie (Seat #5).
Mr. Carney moved to appoint Harvey Starin as a regular member to the
Board of Adjustment to serve a two (2) year term ending August 31, 2013, seconded by
Mr. Frankel. Upon roll call the Commission voted as follows: Mr . Carney – Yes; Dr.
Alperin – Yes; Mr. Frankel – Yes; Mrs. Gray – Yes; Mayor M cDuffie – Yes. Said motion
passed with a 5 to 0 vote.
Mr. Frankel moved to reappoint Michael Park as a regular member to the
Board of Adjustment to serve a two (2) year term ending August 31, 2013, seconded by Dr.
Alperin. Upon roll call the Commission voted as follows: Dr. Al perin – Yes; Mr. Frankel
– Yes; Mrs. Gray – Yes; Mayor McDuffie – Yes; Mr. Carney – Yes. Said motion passed
with a 5 to 0 vote.
Mrs. Gray moved to reappoint Isabelle Alarie as an alterna te member to the
Board of Adjustment to serve a two (2) year term ending August 31, 2013, seconded by
Mr. Frankel. Upon roll call the Commission voted as follows: Mr. Frankel – Yes; Mrs.
Gray – Yes; Mayor McDuffie – Yes; Mr. Carney – Yes; Dr. Alperin – Yes. Said motion
passed with a 5 to 0 vote.
Mayor McDuffie stated he wished to appoint Dale Miller as an alternate
member to the Board of Adjustment to serve a two (2) year ter m ending August 31, 2013.
Dr. Alperin so moved, seconded by Mr. Frankel. Upon roll call the Com mission voted as
follows: Mrs. Gray – Yes; Mayor McDuffie – Yes; Mr. Carne y – Yes; Dr. Alperin – Yes;
Mr. Frankel – Yes. Said motion passed with a 5 to 0 vote.
9.M. APPOINTMENTS TO THE POLICE ADVISORY BOARD: Appoint
two (2) regular members to the Police Advisory Board to serve une xpired terms ending
July 31, 2012. Based upon the rotation system, the appointments will be m ade by
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Commissioner Gray (Seat #4) and Mayor McDuffie (Seat #5).
Mrs. Gray stated she would like to defer her appointment to the next regular
meeting of September 6, 2011.
Mayor McDuffie stated he wished to appoint Wyana Claxton as a regular
member to the Police Advisory Board to serve an unexpired term e nding July 31, 2012.
Mr. Carney so moved, seconded by Dr. Alperin. Upon roll call the Comm ission voted as
follows: Mayor McDuffie – Yes; Mr. Carney – Yes; Dr. Alperin – Yes; Mr. Franke l – Yes;
Mrs. Gray – Yes. Said motion passed with a 5 to 0 vote.
9.N. APPOINTMENTS TO THE KIDS AND COPS COMMITTEE:
Appoint three (3) At-Large-Representatives and one (1) Citizen-At-Large-Representative
to the Kids and Cops Committee to serve two (2) year terms ending July 31, 2013. Based
upon the rotation system, the appointments will be made by Commis sioner Frankel (Seat
#3), Commissioner Gray (Seat #4), Mayor McDuffie (Seat #5) and C ommissioner Carney
(Seat #1).
Mr. Frankel moved to reappoint Francis Moschette (At-Large
Representative) to the Kids and Cops Committee to serve an unex pired term ending July
31, 2013, seconded by Mrs. Gray. Upon roll call the Commission voted as fol lows: Mr.
Carney – Yes; Dr. Alperin – Yes; Mr. Frankel – Yes; Mrs. G ray – Yes; Mayor McDuffie –
Yes. Said motion passed with a 5 to 0 vote.
Mrs. Gray stated she wished to defer her appointment to the next regular
meeting of September 6, 2011. Mrs. Gray asked why Village Aca demy has not had a
representative for the past two years. The City Clerk stat ed this is the school’s choice and
staff can contact the school to find out.
Mayor McDuffie stated he wished to appoint Kenneth Zeno (At-Large
Representative) to the Kids and Cops Committee to serve a two (2) year term ending July
31, 2013. Mr. Frankel so moved, seconded by Dr. Alperin. Upon roll call the Commission
voted as follows: Dr. Alperin – Yes; Mr. Frankel – Yes; Mrs. Gray – Yes; Mayor McDuffie
– Yes; Mr. Carney – Yes. Said motion passed with a 5 to 0 vote.
Mr. Carney moved to reappoint Cory Cassidy (Citizen-at-Large) to the Kids
and Cops Committee to serve a two (2) year term ending July 31, 2013, seconded by Mr.
Frankel. Upon roll call the Commission voted as follows: Mr. Fra nkel – Yes; Mrs. Gray –
Yes; Mayor McDuffie – Yes; Mr. Carney – Yes; Dr. Alperi n – Yes. Said motion passed
with a 5 to 0 vote.
9.O. RECONSIDERATION OF A VOTE FOR ORDINANCE NO. 20-11:
Consider a request to reconsider the vote for Ordinance No. 20-11 made at the August 2,
2011 Regular Commission Meeting.
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The City Attorney stated the Commission will be discussing w hether or not
they would like to reconsider Ordinance No. 20-11 and that ordinance was voted down on
second reading on the August 2, 2011 City Commission meeting. The Cit y Attorney stated
if the City Commission votes to reconsider the ordinance then it would come before them
again on September 6, 2011 for a first reading and September 20, 2011 for a second
reading provided that it passes on first reading on Septembe r 6, 2011 if the Commission
votes to reconsider it.
Mr. Carney stated the Commission needs to reconsider staff’s
recommendation for this ordinance.
Mr. Frankel stated he would need more information on why this should b e
reconsidered because he feels the Commission has had full discussi on regarding this. Mr.
Frankel stated he was not convinced based upon the testimony of the pubic nor the
information provided nor from the Commission’s discussion that it was the right thing for
our city.
Mrs. Gray stated she supports the reconsideration.
Dr. Alperin stated he does not feel the Commission had all the information
and feels it should be reviewed one more time.
Mayor McDuffie stated if we increase the parking requireme nts for
restaurants so that we can get retail in what is the plan. He stated the City has been
anxiously awaiting the arrival of a new Economic Development Di rector for the
community and that should be a job that should be placed in the hands of that man or lady
when they arrive and have them take an inventory of the downtown and inform the
Commission about the mix of businesses downtown and whether or not the C ity is in
healthy shape or unhealthy shape. Mayor McDuffie stated he will not support r ehearing it.
Mr. Carney moved to reconsider Ordinance No. 20-11 with the provision
that it not be retroactive, seconded by Dr. Alperin. Upon roll call the Commission voted as
follows: Mrs. Gray – Yes; Mayor McDuffie – No; Mr. Carney – Yes; Dr. Alperin – Yes;
Mr. Frankel – No. Said motion passed with a 3 to 2 vote, Mayor McDuff ie and
Commissioner Frankel dissenting.
At this point, the Commission moved to Item 11, Comments and Inquiries
on Non-Agenda Items from the City Manager and the Public.
11.A. City Manager’s response to prior public comments and inquiries.
None.
11.B. From the Public.
11.B.1. None.
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12. FIRST READINGS:
A. None
13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS.
13.A. City Manager
The City Manager stated he attended the Florida League of Citi es
Conference on Saturday and Commissioner Gray attended the entire conf erence. The City
Manager stated the City of Delray Beach received the 2011 Flor ida Citizenship Award for
connecting with the schools for the best civics education program in the Sta te.
Secondly, the City Manager stated the City received an invi tation from the
ATP regarding a reception in London on November 21-22, 2011.
Lastly, the City Manager stated with regard to the research t hat is being
done on the downtown parking up until 2001 if you converted from retail to rest aurant you
did not have to provide any additional parking. He stated conversions of use did not
require additional parking and in 2001 it was amended so that if you conver t to a restaurant
you have to provide the six spaces; however, prior to that date, you only had to provide the
six spaces per 1,000 square feet for new floor space but not for existing floor s pace.
13.B. City Attorney
The City Attorney had no comments and inquiries on non-agenda items.
13.C. City Commission
13.C.1. Dr. Alperin
Dr. Alperin thanked the City Commission for the expression of confidence
by selecting him and stated he plans to do his best to represent the interest of our citizenry.
13.C.2. Mr. Carney
Mr. Carney stated he received some emails this week as it relates to the fire
service contract with the Town of Gulf Stream and stated some of the comments he
received related to the fact that there is going to be another development coming along
down the road and this should be accounted for now even though the CO’s on those
projects are 2-3 years away. He suggested that a provision be put in the contracts regarding
the percentages. Mr. Carney stated he wants to make sure that when the project has a CO
(Certificate of Occupancy) and these new units are there, that we have some provision to be
able to adjust the price accordingly.
The City Manager stated the whole contract is based on populat ion not unit
count. The City Manager stated for the last three agreements there was a base for a set
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number of years and then there was a percentage increase each year. He stated this current
contract is 5% a year or the Consumer Price Index whichever is greater and the thinking
was that would cover any population growth that they have. Mr. Car ney stated he does not
want to leave the possibility that there could be within an annex ed area a development of a
magnitude of such that it could have some economic impact on our contract.
Dr. Alperin asked if the City of Delray Beach has Fire and Rescue
responsibilities for this development whether there are reside nts in it or not. The City
Manager stated it has been annexed and we have an amendment staff has prepared that will
go before the Town Council of Gulf Stream in September to incre ase what we are charging
based on the fact that they annexed 16 acres.
Secondly, Mr. Carney stated he received a couple of correspondenc es this
week related to the perceived length of time in response to public information requests.
Mr. Carney stated we should inform people who submit a public information request what
the system is and how we go about it so that they know that if ther e is a delay the reasons
are spelled out for them. He stated the responses are good but he does not think people
understand why the responses are not as quick as they would like.
13.C.3. Mrs. Gray
Mrs. Gray stated she attended the Florida League of Cities convention last
weekend. She stated they talked about having balance in the city a nd when you develop
the downtown to make sure that other areas of the city are being developed as well. Mrs.
Gray stated they also talked about holding the legislators in Tal lahassee responsible in
making sure they remember where they come from and who their constituents are.
13.C.4. Mr. Frankel
Mr. Frankel congratulated Dr. Alperin and thanked him for his willing ness
to serve. In addition, Mr. Frankel stated he is not sure if there was any correspondence sent
out by the City thanking the other applicants but feels it is important to thank the other
applicants as well.
Secondly, Mr. Frankel stated the Spirit Awards Banquet will b e held on
Friday, August 19, 2011 at the Delray Beach Golf Course and noted he has been select ed as
the emcee.
13.C.5. Mayor McDuffie
Mayor McDuffie stated Tastemakers was a tremendous succes s and they
sold 500 more tickets than last year and noted it was sold out the day before the event
started. He stated downtown was packed and it was great event for the community .
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Secondly, Mayor McDuffie stated he attended the Grand Opening o f the
VFW in their new location on South Federal Highway and noted that Congr essman West
showed up and the turnout was great.
Mayor McDuffie commented about the Office Depot backpack gi ve-a-way
and noted they give the Mayor’s office about 500 backpacks and the Cit y gets several
hundred for other organizations around the community. Mayor McDuffie stat ed he was
invited by one of the people who were there to come to their event at the Boys & Girls
Club and the gymnasium was filled from one end to the other with school supplies. He
stated he will bring the name of the sponsor to the next meeting but it was a tremendous
event for the community. In addition, Mayor McDuffie stated Boca Raton Medical Center
performed health screenings for the parents and kids that were there.
He stated he attended Family Fun Day at Pompey Park and noted thi s was a
great event.
Lastly, Mayor McDuffie asked if the City of Delray Beach ha s an ordinance
that regulates firearms in the city. The City Attorney st ated staff is modifying the sections
and this ordinance will be before the City Commission for first reading on September 6,
2011 and adopt it before October 1, 2011.
There being no further business, Mayor McDuffie declared the m eeting
adjourned at 7:53 p.m.
_____________________________________________
City Clerk
ATTEST:
____________________________________
M A Y O R
The undersigned is the City Clerk of the City of Delray Beach, F lorida, and the information
provided herein is the Minutes of the Regular City Commission Meet ing held on August
16, 2011, which Minutes were formally approved and adopted by the Cit y Commission on
________________________.
21
08/16/11
_________________________________________________
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 bec ome the official Minutes
only after review and approval which may involve some amendments, addi tions or
deletions as set forth above.
City Commission Meeting from August 16, 2011; Item 9.A.
City Commission Meeting from August 16, 2011; Item 9.A.
City Commission Meeting from August 16, 2011; Item 9.A.
City Commission Meeting from August 16, 2011; Item 9.B.
City Commission Meeting from August 16, 2011; Item 9.B.
City Commission Meeting from August 16, 2011; Item 9.B.
MEMORANDUM
TO:Mayor and City Commissioners
FROM:Dot Bast, Training & Development Manager
Bruce Koeser, Human Resources Director
THROUGH:David Harden, City Manager
DATE:August 15, 2011
SUBJECT:AGENDA ITEM 7.B. - REGULAR COMMISSION MEETING OF SEPTEMBER 6, 2011
RESOLUTION NO. 31 -11
ITEM BEFORE COMMISSION
Resolution 31-11 honoring Vivian Mitchell for 30 ye ars 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 wi th a resolution and plaque. Vivian Mitchell, Parks
Maintenance Crew Leader, achieved this milestone on August 31, 2011.
RESOLUTION NO. 31-11
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, RECOGNIZING AND COMMENDING
VIVIAN MITCHELL FOR THIRTY YEARS OF DEDICATED SERVICE
TO THE CITY OF DELRAY BEACH.
WHEREAS, Vivian Mitchell was hired by the City of Delray Beach as a Laborer I on August 31,
1981 and on August 31, 2011 reached a milestone in her career, having achieved thirty years of full-time
service with the City; and
WHEREAS, Vivian Mitchell has served this community with honor and distinction as a Laborer I
and Crew Leader I in the Parks Maintenance Division; and
WHEREAS, Vivian is a dedicated and extraordinarily reliable employee whose wor k ethic is above
reproach, and who has approached her duties with a positive attit ude, always striving for excellence in
herself and her crew; and
WHEREAS, we acknowledge Vivian’s extensive knowledge of parks maintenance s tandards and
appreciate her willingness to go above and beyond to serve the citizens of Delr ay Beach; and
WHEREAS, she has demonstrated the highest standards for teamwork, safety, re sourcefulness, and
stewardship of department resources; and
WHEREAS, the City of Delray Beach and the Delray Beach Parks and Recr eation Department are
honored to have had Vivian Mitchell as a valued member of the municip al team over the past 30 years and
she is greatly appreciated by her co-workers and the entire city staff.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISS ION OF THE CITY
OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the City Commission of the City of Delray Be ach hereby recognizes and commends
Vivian Mitchell for thirty years of dedicated and faithful public service.
Section 2. That the City Commission hereby congratulates and expresses sincere thanks and
appreciation to Vivian Mitchell for her many years of service, and wishes her the b est of health and happiness
in her continued employment.
2
Res No. 31-11
PASSED AND ADOPTED in regular session on this the 6th day of September 2011.
___________________________________
MAYOR
ATTEST:
__________________________________
CITY CLERK
3
Res No. 31-11
PRESENTED TO
Vivian Mitchell
As a token of our esteem and gratitude
for your 30 years
of outstanding contributions
and distinguished service to
The City of Delray Beach
Parks and Recreation Department
August 31, 2011
MEMORANDUM
TO:Mayor and City Commissioners
FROM:Tracie M. Lutchmansingh, P.E., Asst. City Engi neer
Richard C. Hasko, P.E., Environmental Services Dire ctor
THROUGH:David T. Harden, City Manager
DATE:August 31, 2011
SUBJECT:AGENDA ITEM 8.A. - REGULAR COMMISSION MEETING OF SEPTEMBER 6, 2011
WATER EASEMENT AGREEMENT / DELRAY MOTORS, INC.
ITEM BEFORE COMMISSION
Acceptance of a Water Utility Easement with Delray Motors, Inc. for Delray Chrysler Jeep Dodge
which is located at 2102 S. Federal Highway.
BACKGROUND
The water easement is required so that City crews c an access and perform maintenance operations
associated with the City maintained water main.
RECOMMENDATION
Staff recommends acceptance of the easement deed.
MEMORANDUM
TO:Mayor and City Commissioners
FROM:Paul Dorling, AICP, Director of Planning and Z oning
THROUGH:City Manager
DATE:September 1, 2011
SUBJECT:AGENDA ITEM 8.B. - REGULAR COMMISSION MEETING OF SEPTEMBER 6, 2011
FDEP/PERMIT FEES
ITEM BEFORE COMMISSION
The permit applications have been submitted to the Florida Department of Environmental Protection
(FDEP) for the upcoming Beach Renourishment fill ev ent tentatively scheduled for March, 2012. The
applications have been preliminarily reviewed and a dditional comments have been generated by
FDEP. One of these comments requires the submittal of permit application fees of $23,561.41.
The attached fee breakdown is set forth on Page 3 o f the FDEP's letter of July 5, 2011(attached). Fund s
for this item are available from the Beach Restorat ion Fund. This task is not reimbursable by Federal or
State funding sources, however the local share ($5,144.64) is reimbursable from the County pursuant to
the interlocal agreement between Palm Beach County and the City of Delray Beach executed October 4,
1994.
RECOMMENDATION
By motion, approve payment of FDEP permit fees for the upcoming Beach Renourishment event in the
amount of $23,561.41.
MEMORANDUM
TO:Mayor and City Commissioners
FROM:CANDI N. JEFFERSON, SENIOR PLANNER
PAUL DORLING, AICP, DIRECTOR OF PLANNING AND ZONING
THROUGH:CITY MANAGER
DATE:August 31, 2011
SUBJECT:AGENDA ITEM 8.C. - REGULAR COMMISSION MEETING OF SEPTEMBER 6, 2011
REQUEST FOR SIDEWALK DEFERRAL/738 SEASAGE DRIVE
ITEM BEFORE COMMISSION
The item before the City Commission is the approval of a sidewalk deferral for the prop erty at 738
Seasage Drive.
BACKGROUND
The subject property is 0.315 acres and is currentl y vacant. It lies within the Seagate Overlay Distri ct
and is located on the west side of Seasage Drive just north of Bauhin ia Road at 738 Seasage Drive. The
property is zoned Single Family Residential (R-1-AA A) and the applicant proposes to construct a new
two-story single family residence with a two-car ga rage.
The owner wishes to defer construction of a five fo ot (5’) sidewalk adjacent to the right-of-way. No
other sidewalks exist on the west side of Seasage Drive. At its meeting of July 7, 2011, the DSMG
supported the sidewalk deferral. Pursuant to the ag reement, the owner will construct the sidewalk alon g
Seasage Drive at its sole cost and expense at a lat er date, when requested to do so by the City.
The agreement has been reviewed by the City Attorne y and has been approved as to form.
RECOMMENDATION
Move approval of the agreement to defer constructio n of the sidewalk along Seasage Drive for the
property located at 738 Seasage Drive.
MEMORANDUM
TO:Mayor and City Commissioners
FROM:Randal L. Krejcarek, P.E., LEED AP, GISP, City Engineer
Richard C. Hasko, PE, Environmental Services Direct or
THROUGH:David T. Harden, City Manager
DATE:September 1, 2011
SUBJECT:AGENDA ITEM 8.D. - REGULAR COMMISSION MEETING OF SEPTEMBER 6, 2011
MODIFICATION TO THE CONTRACTOR PREQUALIFICATION PROCEDURE AND
APPLICATION PROCESS
ITEM BEFORE COMMISSION
This item is before the Commission to approve modif ications to the Contractor Prequalification
Procedure and Application process (Project # 2009-0 30).
BACKGROUND
Commission approved the implementation of a contrac tor prequalification process on January 20, 2009.
The purpose of implementing such a process was to e nsure the contractors bidding on City capital
projects had the required financial and human resou rces to complete the work.
The Prequalification Committee (comprised of City s taff members) recently reviewed and modified the
Prequalification Package. A summary of modificatio ns proposed by the Committee include:
Adding a definition for “Construction Equipment” an d requesting a listing of such equipment
Adding a definition for “Lift Stations” and adding this category to the list of project typ es for
which prequalification may be sought
Adding a definition for “Number and Classifications of Employees” and requesting a listing of
such number and classifications
Adding a definition for “Sidewalks” and adding this category to the list of project typ es for which
prequalification may be sought
Modified definition for “Underground Utilities” removing references to Lift Stations since this is
being proposed as a separate category for prequalif ication
Modifying language in Procedure Section 1.8, Term o f Qualification, clarifying that if a
contractor is prequalified within the first six mon ths of the fiscal year the prequalification is good
until the end of the current fiscal year and if pre qualified after the first six months the
prequalification is good until the end of the follo wing fiscal year
Modifying language in Procedure Section 2.1, Requir ements to Submit Application, to be
consistent with instructions contained in the appli cation itself
Modifying language in Procedure Section 2.2 elimina ting Subsections 2.2.1 and 2.2.2 and adding
language to be consistent with instructions contain ed in the application itself
Providing an option within the application for cont ractors to indicate if the application is a new
submittal or renewal
Adding the categories of “Lift Stations” and “Sidew alks” to the project types list
Modified Application Instructions to revise the tim eline for contractor approval
Modified Section 5.1 to include a listing of Constr uction Equipment Owned and
Number/Classifications of Employees; and modified S ections 5.2, "Most Recently Completed
Contracts", and 5.3, "Contracts in Progress", of Ap plication to enable contractors to clearly
indicate involvement and work completed on each pro ject reported (also added attachments A and
B)
Modified Section 7.1, Bonding, of Application reque sting that the Bonding Company
acknowledge that the City’s bond forms are acceptab le and will not be modified
RECOMMENDATION
Staff recommends approval.
AFB
ADVERTISEMENT FOR
CONTRACTOR PREQUALIFICATION
City of Delray Beach Project No. 2009-030
RFQ No. 2012-03
As of July 1, 2009 contractors are required to be prequa lified with the City of Delray Beach prior to
being awarded construction contracts for Capital Improv ement Projects listed in the annual Capital
Improvement Program (CIP). Contractors may request prequalification in one or more of the following
areas: Roadway, Bridge, Paving, Marine, Building, U nderground Utilities, Recreational Facilities,
Sidewalks and Lift Stations. Complex projects may requ ire prequalification in several disciplines.
Project specific prequalification requirements will be listed in the “Notice to Contractors” for each
contract.
Copies of the Prequalification Documents will be av ailable after Monday, September 12, 2011 ,
and may be obtained from www.DemandStar.com (800-711-1712) or the Purchasing Office, City Hall,
100 NW 1st Avenue, Delray Beach, Florida. Call Purcha sing at 561-243-7161 to ensure sufficient
supply.
Prequalification periods will be for one (1) year. R enewal will not require a new application but will
require updated data on bonding, safety experience, ch ange in corporate status or address and any
other information requested by the City of Delray B each.
Fully completed Prequalification packages will be accep ted anytime. The City anticipates that most
contractors will be prequalified within 60 days of sub mittal.
Fully completed Prequalification packages should be sent to:
CITY OF DELRAY BEACH
PURCHASING DIVISION
100 NW 1 ST AVENUE
DELRAY BEACH, FLORIDA 33444
(561) 243-7161
Advertisement Date: City of Delray Beach, Florida
Sunday, September 11, 2011 By: David Boyd, Finance Director
Palm Beach Post
****IF YOU ARE CURRENTLY PREQUALIFIED YOU WILL BE N OTIFIED VIA EMAIL FOR
RENEWAL .
CITY OF DELRAY BEACH
CONTRACTOR’S PREQUALIFICATION
PROCEDURE
1
1. GENERAL PROVISIONS
1.1 Applicability and Scope
All Contractors must be prequalified every year in accordance with the provisions of this Procedure to
be eligible to be awarded Construction Projects, EXCEPT that such prequa lification is not required if:
A. The Contractor is prequalified pursuant to a separate prequalifi cation process specific to that
project;
B. The “Notice to Contractors” does not list a prequalification requirement;
C. The City waives the requirement for prequalification for good ca use shown and in the best
interest of the City.
1.2 Definitions
Application The “Contractor’s Prequalification Application” form prepare d by the City to be
used to request prequalification and provide information upon which the City will r ely.
Bridge Construction A Construction Project that consists predominately of the constr uction of a
bridge, but that may include non-bridge construction work including Roadw ay construction, the
installation of traffic signals, landscaping, and/or paving. Such projects include all subcontracted work
necessary to complete the project.
Building Construction A Construction Project that consists predominately of the constr uction of
a building, but that may include non-building construction work including roadway construction, the
installation of traffic signals, landscaping, and/or paving. Such projects include all subcontracted work
necessary to complete the project.
Business Days All days on the calendar except Saturdays, Sundays, and holidays o fficially
recognized by the City of Delray Beach.
Claim Any appeal, proceeding, or other process for additional considerat ion of a Dispute,
including litigation, that is initiated by the Contractor and to w hich the adverse party (example -
project owner) did not consent.
Committee The Prequalification Committee.
Construction Projects Projects being developed by the City as stated in the a dvertisement for
bids with a scope of work that encompasses the construction of on-t he-ground improvements including
roads, bridges, paths, wharves, piers, buildings, underground utilities and othe r public infrastructure. It
does not include planning, appraisal, design, survey or other engineer ing services unless such services
are to be provided by the Contractor and are specifically within the scop e of Work.
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Contractor Individuals, partnerships, corporations, limited liability comp anies, joint ventures or
other entities that desire to submit bids on Construction Projects.
Days Unless the context clearly indicates otherwise, “days” means Business D ays.
Deliver or Delivery “Deliver” or “Delivery” means Receipt by the person to w hom the materials
are to be delivered, or their authorized representative. See definition of “Re ceived or Receipt”.
City “City” means the City of Delray Beach.
Construction Equipment Equipment and appurtenances owned by applicant that are required t o
complete work in category seeking prequalification.
Disputes Disputes include disagreements, matters in question, and differ ences of opinion
between the Contractor (and those working for or through the Contrac tor) and an adverse party
(example - project owner) regarding matters related to the Work including interpretation of and
compliance with the contract, compensation and costs, time for performance, and qua lity.
Filing “Filing” means Receipt by the person with whom the material s are to be filed, or their
authorized representative. See definition of “Received or Receipt”.
Fiscal Year October 1 st through September 30 th of any year.
Key Personnel Personnel the loss of whom is likely to impact the cost, qualit y, timeliness, or
conformance of project Work provided for the City as reasonably determine d by the Contractor.
Lift stations A Construction Project that predominately consists of sewage lift stations, storm
water pump stations or other electrical/mechanical components o f a pumping utility system, but that
may include non-underground utility construction work paving, curbs, sidewa lk or surface restoration.
Such projects include all subcontracted work necessary to complete the project.
Marine Construction A Construction Project that consists predominately of the constr uction of
marine facilities including seawalls, docks, wharves, piers and r elated waterside or landside facilities,
but that may include non-marine construction work including roadway construc tion and/or paving.
Such projects include all subcontracted work necessary to complete the project.
Number and Classifications of Employees Number of employees for each category, i.e.; skilled
laborers, unskilled, supervisors, foreman, equipment operators, administrati ve, etc.
Paving A project that predominately consists of the paving or repavi ng, but that may include
non-paving work including bridge construction, roadway construction, and minor utility
extensions/relocations. Such projects include all subcontracted w ork necessary to complete the
project.
Predecessor Entities Any individual or entity that was legally organized at any ti me during the
past five years (even if not operating) and that was previous ly owned, operated, or controlled to a
CITY OF DELRAY BEACH
CONTRACTOR’S PREQUALIFICATION
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Significant degree by the Contractor requesting prequalificat ion, or that Contractor’s owners, officers,
or Key Personnel.
Predominately Unless the context clearly indicates otherwise, “predominatel y” means not less
than 50% of cost.
Prequalification Committee The committee, appointed by the City with primary responsibi lity
and authority to carry out this Procedure. See Section 3.1 of this Procedure.
Prequalification Periods One (1) year periods starting and ending on October1st.
Procedure The procedure and requirements contained in this Contractor’s Pre qualification
Procedure and the accompanying Application.
Project Type The classification of project for which prequalification may be sought or granted as
listed in Section 2 of the Application.
Qualifying Bonding Company For projects under five hundred thousand dollars, an insurance,
bonding, and/or surety company that is acceptable and satisfact ory to the City and which meets the
requirements of Florida Statutes Section 287.0935. For projects exc eeding five hundred thousand
dollars, an insurance, bonding, and/or surety company must have a Best Rating of no l ess than A-VII.
Received or Receipt Actual receipt by either US mail, overnight courier, service in hand, or fax
by the person to whom the materials are addressed, or their a uthorized representative, with
confirmation of receipt originating from the such person or their authorize d representative.
Recreational Facilities Construction A Construction Project that predominately consists of the
construction of recreational facilities including athletic fiel ds and associated appurtenances such as
irrigation systems, sports lighting and playground equipment but that may include non-recreational
construction work including building construction, landscaping, and/or paving . Such projects include
all subcontracted work necessary to complete the project.
Related Entities All general partners, joint ventures, parent firms, subsidiar ies, or sister firms
that (a) are currently legally organized (even if not operatin g), (b) are owned, operated, or controlled to
a Significant degree by the Contractor requesting prequalifica tion, or that Contractor’s owners,
officers, or Key Personnel.
Roadway Construction A Construction Project that predominately consists of the constr uction or
reconstruction of a roadway, but that may include non-roadway construc tion work including bridge
construction, landscaping, and/or paving. Such projects include all s ubcontracted work necessary to
complete the project.
Sidewalks A Construction Project that predominately consists of the constr uction or replacement
of sidewalk, but that may include non-sidewalk construction work including swale grading,
landscaping, and/or paving. Such projects include all subcontract ed work necessary to complete the
project.
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Significant The level or degree that would be reasonably relevant to a p arty who is
contemplating contracting with the Contractor and who is therefore a ttempting to determine the
qualifications, experience, competence, and trustworthiness of the Contractor.
Underground Utilities A Construction Project that predominately consists of buried condui ts for
the transport of potable water, wastewater, reclaimed water , storm water or other City operated utility
infrastructure components which may include non-underground utility constr uction work paving,
curbs, sidewalk or surface restoration. Such projects include all subcontracted work necessary to
complete the project.
Work The furnishing of all labor, materials, equipment, supplies, se rvices, personnel, and other
incidentals necessary for the completion of the project in conformity wit h the contract documents.
Unless the context clearly indicates otherwise, all other words , phrases or terms shall have the
meanings contained in the latest version of the City’s Minimum Construction Standa rds.
1.3 Authority
The City has full power in the letting of all contracts for w ork under its jurisdiction and thus has
the authority to determine whether bidders on construction contracts ar e responsible. Accordingly, the
City has approved this Contractor’s Prequalification Procedure and her eby delegates all authority
necessary to carry it out as provided in this Procedure.
1.4 Contractor Changes
The Contractor has an ongoing duty to notify the City Engineer wit hin thirty (30) days of any changes
to the information provided in the Application that significantly al ters, as reasonably determined by the
Contractor, the Contractor’s ability to perform the Work required for the Project Types for which it is
prequalified. Upon notification by the Contractor or upon discovery b y the City, the City may require
the Contractor to re-apply for prequalification.
Nothing in this Procedure, the accompanying Application, or any co mmunications from the City
regarding prequalification shall be interpreted as deprivin g the City of the authority to disqualify
Contractors, or the authority to reject any bid in the best inter est of the City, when, in the discretion of
the City, changed circumstances have affected the responsibil ity and/or qualifications of the
Contractor.
1.5 Duration of Prequalification
Unless disqualified or otherwise barred from bidding by the City or other entity with competent
jurisdiction, Contractors prequalified during the window for prequalificat ion (see 1.8 below) pursuant
to this Procedure shall be considered eligible to be awarded Project Ty pes for which the Contractor is
prequalified for the one year period starting October 1. Contractors pr equalifying after the window for
prequalification closes shall remain prequalified until the following Oc tober 1.
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CONTRACTOR’S PREQUALIFICATION
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1.6 Termination of Prequalification
The City may, in its sole discretion, terminate an award of prequalificati on to any contractor based on
the City’s determination that the contractor no longer meets the standards for p requalification. Once a
contractor’s prequalification status has been terminated, the contractor must wait for a period of one
year before applying to become prequalified.
1.7 Award of Multiple Projects to a Contractor
If a prequalified contractor is the low bidder on more than one project where the construction work, or
portions of the construction work, will be performed at the same time or the contr actor is currently
working on a construction contract and is the low bidder on another construction projec t, the City, in
its sole discretion may not consider the contractor’s bid if the City determ ines, in its sole discretion,
that the award of another contract to the contractor would not be in the best intere sts of the City.
1.8 Term of Prequalification
If contractor is prequalified prior to April 1 st , the contractor prequalification will expire as of
September 30th of same fiscal year. If contractor prequalificati on is approved after April 1 st the
contractor prequalification will expire as of September 30 th of the following fiscal year.
2. APPLICATION FOR PREQUALIFICATION
2.1 Requirement to Submit Application
A Contractor shall not be allowed to bid on the construction projec t types attached to this application
until the prequalification process has been completed.
2.2 Application Schedule
Regarding the time frame after application, the City antic ipates that most Contractors will be
prequalified within 60 business days of submitting a complete a pplication package. A full appeal
process can take about 3 months within the City. Therefore, Contr actors are encouraged to apply
early. As provided in Section 4 of this procedure, Contractors dete rmined to be not qualified are not
eligible for contract awards pending appeal.
2.3 Project Types for Prequalification
The Contractor must apply for, and the City may prequalify the C ontractor for, one or more of the
Project Types listed in Section 2 of the Application. The Pro ject Type for individual projects shall be
as stated in the advertisement for bids, or if not stated, shall be determined by the City Engineer.
2.4 Submittal Requirements
The Contractor must honestly, accurately and completely supply a ll information requested in the
Application. Applications will not be considered received until the City Engineer has received a
CITY OF DELRAY BEACH
CONTRACTOR’S PREQUALIFICATION
PROCEDURE
6
properly completed Application including all required supporting da ta. Applications shall not be
reviewed by the Committee until properly completed, received and acce pted.
3. PREQUALIFICATION DETERMINATION
3.1 Prequalification Committee
3.1.1 Membership
The City hereby creates a standing committee, to be known as the Prequalification Committee, with
primary responsibility and authority to carry out this Procedure . The City appoints the following City
personnel, or their successors, as permanent members of the Committee.
Director of Environmental Services, Chair
City Engineer, Vice Chair
Assistant City Engineer
Deputy Director of Construction
Assistant City Manager
Finance Director
In the event that any of the above members are unable to se rve, or in the event that the Chair
determines additional members would be of assistance in the fulf illment of the duties of the
Committee, the Chair may appoint other City personnel to serve as alternat e or additional members.
3.1.2 Committee Administration
Committee meetings will be called and scheduled when necessar y as determined by the City Engineer
with the approval of the Chair. A quorum shall consist of at least four (4) members. The Chair shall
preside at all meetings. In the absence of the Chair, the V ice Chair may assume all authority of the
Chair. The City Engineer or designee shall keep minutes of all meetings, record all decisions, and
otherwise document the actions of the Committee.
3.2 Review and Investigation
The Committee shall review all information provided in the Applica tion. The Committee or its
designees may (a) contact any person or entity necessary to ve rify and/or supplement any of the
information requested by or provided in the Application and (b) revi ew information from other
published sources of industry information, information from governmen ts and any other significant
information.
3.3 Interview and Additional Information
Whenever the Committee determines that the nature or extent of the information provided in the
Application is insufficient or indicates that the Contractor is not qualified, the Committee will contact
the Contractor to seek additional information and, if desired by the C ontractor, to schedule an
interview to discuss the specific reasons that have caused that p reliminary determination. The
Contractor will submit all additional information requested by the Committe e.
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CONTRACTOR’S PREQUALIFICATION
PROCEDURE
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3.4 Pass-Fail Evaluation System
The Committee shall evaluate all the information provided or obta ined as a whole on a pass-fail basis
to determine whether the Contractor is responsible and qualified. I n doing so, the Committee will use
the following descriptive categories.
QUALIFIED: With respect to the Project Type under considera tion, sufficient
information exists to determine that the Contractor is likely to build an acceptable
project in a timely manner using acceptable processes.
NOT QUALIFIED: With respect to the Project Type under con sideration, the
information demonstrates that it is unlikely that the Contractor c an build an acceptable
project in a timely manner using acceptable processes.
3.5 Grounds for Determination of “Not Qualified”
A finding by the Committee based upon substantial evidence that any one of the following conditions
exists shall be sufficient grounds, though not mandatory grounds, for an ove rall determination of “Not
Qualified”. The City Manager will approve all Committee findings of “Not Qua lified.”
1. Unsatisfactory and/or insufficient Contractor experience.
2. Unsatisfactory performance on prior awarded City contracts.
3. Number of personnel with applicable knowledge and experience sig nificantly below
industry standards.
4. Insufficient bonding capability.
5. Safety record significantly below industry standards.
6. Environmental record significantly below industry standards.
7. A denial of prequalification or award of contract, disbarment, or ot her irregularities with
respect to any federal, state, or local government or procurement agenc ies.
8. A pattern of unsupported Claims.
9. A record of excessive change orders or contract additions.
10. Conviction of a bid or other crime or indictment with substantial e vidence regarding the
same.
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CONTRACTOR’S PREQUALIFICATION
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11. Deceptive, evasive or fraudulent statements or omissions contained in the Application, made
or omitted at any interview or hearing, or otherwise made to or omitted from the Ci ty.
12. Other substantial deficiencies that are clearly below industry sta ndards and that clearly
demonstrate that the Contractor is “Not Qualified”.
3.6 Notice of Prequalification
3.6.1 Time and Contents of Notice
If the Contractor submits a timely and conforming Application, the City will deliver to the Contractor a
“Notice of Prequalification” once a decision has been made. T he Notice will set forth the Project
Types for which the Contractor is eligible to bid, if any. I f the City determines that the Contractor is
not qualified for any or all Project Types applied for, said Not ice will also set forth the specific reasons
therefore to the extent practical.
4. APPEAL
4.1 Notice of Appeal to City Manager
To appeal, the Contractor must deliver a written “Notice of Ap peal Regarding Prequalification” to the
City Manager on or before 4:00 P. M. on the fifth full Business Da y after the date of receipt of the
“Notice of Prequalification” provided under Section 3.6. Such notice must be delivered to the City
Clerk’s Office located at 100 N.W. 1 st Avenue, Delray Beach, Florida. At a minimum, the “Notice of
Appeal Regarding Prequalification” must contain:
A. The specific errors that the Contractor alleges were m ade by the City regarding
prequalification;
B. The specific relief sought;
C. A request to submit additional written materials (if desired);
D. A request for a Hearing (if desired); AND
E. A designation of counsel or any other party that will be r epresenting the Contractor in the
appeal (if any).
4.2 Submission of Written Materials
Within ten (10) Business Days of the filing of the Notice of Ap peal Regarding Prequalification, the
Contractor and the Committee must deliver to the City Manager (or such other person(s) as the City
Manager may designate in writing), and to each other, all writt en materials that each party contends is
necessary for the City Manager to fairly and objectively e valuate and decide the appeal. Such
materials can include evidence or arguments. The Committee’s w ritten materials may include a
request for a Hearing.
4.3 Hearing
If requested by the Contractor, the Committee, or the City Manage r or his designee(s), a Hearing will
take place within twenty (20) Business Days of the filing of addi tional written materials by the
CITY OF DELRAY BEACH
CONTRACTOR’S PREQUALIFICATION
PROCEDURE
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Contractor and/or the Committee, whichever occurs later, at a time and place determined by the City
Manager or his designee(s). The parties will have at least 72 hour advance notice of such Hearing.
The Contractor and the Committee shall each be afforded the op portunity to be heard by the City
Manager or his designee.
4.4 Decision
The City Manager or his designee(s) may leave the record of t he appeal open for the submission of
further evidence or arguments for up to ten (10) Business Days af ter the conclusion of the Hearing, or
to such other mutually agreeable date certain. If no Hearing is held, the record of t he appeal shall close
on the date of filing of additional written materials by the Contr actor and the Committee, whichever
occurs later.
Unless the City Manager or his designee(s) reasonably determ ines that special circumstances exist that
justify delay of the decision, the City Manager or his designe e(s) will, within twenty (20) Business
Days of the closing of the record:
A. in writing, revise, modify, or reverse the previous determinations regarding p requalification;
B. in writing, affirm the said determinations;
C. in writing, state that the City Manager does not intend to take further action; O R
D. take no written action, which shall be considered a decision affirming said deter mination.
4.5 Final Agency Action
Any written revision, modification, reversal, affirmation, or state ment that no further action will be
taken from the City Manager or his designee(s) shall be fina l agency action as of the date of receipt by
the Contractor of such writing. If the City Manager or his design ee(s) takes no written action, the
City’s latest determinations regarding prequalification shall be final agency action as of the date of
expiration of the twenty (20) Business Day period for a decision b y the City Manager provided in
Section 4.4 of this Procedure
4.6 Law and Venue
Any action shall be governed by the Laws of the State of Florida and venue s hall be in Palm Beach
County.
CITY OF DELRAY BEACH
CONTRACTOR’S PREQUALIFICATION
Application - Cover Page
APPLICATION
_______________________________________________________
[Legal Name of Contractor Applying for Prequalifica tion, hereafter “Contractor” or “you”]
The Contractor Seeks Prequalification By The Following Date [Check One]
______ New Submission Package
______ Prequalification Renewal Package
*****************************************************************************
CONTENTS - INFORMATION TO BE SUBMITTED
Page
1. Basic Information 1
2. Application for Prequalification Types 1
3. Organizational Structure & History 2
4. Officers and Owners 3
5. Experience 4
6. Key Personnel 8
7. Bonding 9
8. Safety 9
9. Environmental and Civil Rights Information 11
10. Certifications Under Oath * 12
[City Use Only Below This Line]
******************************************************************************************************
Date Application Received: ________________
Contractor Prequalified For The Following Project Types
____ Bridge Construction
____ Roadway Construction
____ Paving
____ Marine Construction (Wharves, Piers. etc.)
____ Building Construction
____ Lift Stations
____ Underground Utilities
____ Recreational Facilities Construction
____ Sidewalks
Date of Prequalification: ___________________
CITY OF DELRAY BEACH
CONTRACTOR’S PREQUALIFICATION
APPLICATION
Application - 1 of 12
****************************************************************************
INSTRUCTIONS
1. This Application must be filled out in accordance w ith all requirements of the City’s Prequalification
Procedure. The Application and Procedure is availa ble from the City’s web site at
or from the City’s Purchasing Department, telephon e (561) 243-7161 . Do not attempt
to complete this form without understanding this Pr ocedure.
2. Unless Contractor meets an exception listed in sect ion 1.1 of the Procedure, Contractor must be
prequalified to be awarded Construction Contracts, a s defined.
3. Regarding the time frame after application, the Cit y anticipates that most Contractors will be prequal ified
within 60 business days of submitting a complete ap plication package. A full appeal process can take
about 3 months within the City. Therefore, Contrac tors are encouraged to apply early.
4. Words or phrases shown with initial capitalization (i.e. Initial Capitalization) usually are defined i n section
1.2 of said Procedure.
5. Please print legibly, type, or word process. Sign in ink. When attaching sheets, please place the qu estion
number to which you are responding in the upper rig ht hand corner of each sheet and number the sheets.
6. Note that the person signing this Application must swear that the information provided below is true,
accurate, and complete .
****************************************************************************
1. Basic Information
Name of Contractor: _________________________________________________________
[Same as on Cover Page of This Application]
Contact Person(s): _________________________________________________________
Telephone No: _____________ Fax No: ____________ E-mail: _______________
Address: _________________________________________________________
_________________________________________________________
Federal Tax ID No: _________________________________________________________
2. Project Types For Which Prequalification Is Applied
[See definitions in section 1.2 of Procedure.]
____ Bridge Construction
____ Roadway Construction
____ Paving
____ Marine Construction (Wharves, Piers. etc.)
____ Building Construction
____ Lift Stations
____ Underground Utilities
____ Recreational Facilities Construction
____ Sidewalks
CITY OF DELRAY BEACH
CONTRACTOR’S PREQUALIFICATION
APPLICATION
Application - 2 of 12
3. Organizational Structure & History
3.1 The Contractor is duly organized under the laws of the State of
____________________________________.
3.2 The Contractor has the following organizational structure.
( ) individual ( ) corporation ( ) partnership
( ) limited liability company ( ) joint venture ( ) other: __________________
3.3 Please provide the year the Contractor (and not any Predecessor Entities or Related
Entities) was first organized. __________
3.4 Please list all Predecessor Entities below (or on attached sheets if ne cessary).
________________________________
________________________________
________________________________
3.5 Please list all Related Entities below (or on attached sheets if necess ary).
________________________________
________________________________
________________________________
3.6 If organized in any state other than Florida or in a foreign count ry, are you in compliance
with all laws and regulations necessary to legally do business in the State of Florida?
Note: If organized in the state of Florida please answer N/A.
YES _____ NO _____ N/A _____
3.7 W-9 Submission – Please submit current W-9 if the City has not received.
CITY OF DELRAY BEACH
CONTRACTOR’S PREQUALIFICATION
APPLICATION
Application - 3 of 12
4. Officers and Owners
4.1 Officers Please list the name, title, and address of current Officers , Directors, Partners,
Members, and any other persons with analogous positions, in descending or der of degree of
control.
Name Title Address
________________________ __________________ ____________________________
________________________ __________________ ____________________________
________________________ __________________ ____________________________
________________________ __________________ ____________________________
________________________ __________________ ____________________________
________________________ __________________ ____________________________
[Attach additional sheets as necessary.]
4.2 Owners. Please list the name, address, and percentage of ownership of al l persons or
entities owning 10 percent or more of the Contractor, in descending ord er of percentage of
ownership.
Owner Address %
________________________ ___________________________________ __________
________________________ ___________________________________ __________
________________________ ___________________________________ __________
________________________ ___________________________________ __________
________________________ ___________________________________ __________
________________________ ___________________________________ __________
[Attach additional sheets as necessary.]
CITY OF DELRAY BEACH
CONTRACTOR’S PREQUALIFICATION
APPLICATION
Application - 4 of 12
5. Experience
5.1 Summary of Contractor Experience With respect to each the following Project Types, list
the approximate number of years of experience that the Contrac tor has as a prime contractor or
as a subcontractor with primary responsibility.
Project Type Years
Bridge Construction _________
Roadway Construction (excluding paving) _________
Paving _________
Marine Construction (Wharves, Piers. etc.) _________
Building Construction _________
Underground Utilities _________
Lift Stations _________
Recreational Facilities Construction _________
Sidewalks _________
List of Construction Equipment Owned Number and Classification of Employee s
CITY OF DELRAY BEACH
CONTRACTOR’S PREQUALIFICATION
APPLICATION
Application - 5 of 12
5.2 Most Recently Completed Contracts Please provide the information requested in
Attachment A (Excel File) regarding the last six contracts completed by the Contractor.
Please list in reverse chronological order (most recently c ompleted project first, next most
recently completed project, etc.). For each project listed on Attachment A please complete
Attachment “B” (Word File).
5.3 Contracts In Progress Please provide the information requested in Attachment A (Exce l
File) for all contracts currently in progress, in descending or der of contract amount. For each
project listed on Attachment A please complete Attachment “B” (Word File).
5.4 Provide an alphabetical listing of all state or local gove rnment or procurement agencies
that have awarded the Contractor (or any Predecessor Entities and Related Entities) a contract
during the last five years.
1.___________________ 6.___________________
2.___________________ 7.___________________
3.___________________ 8.___________________
4.___________________ 9.___________________
5.___________________ 10.___________________
[Attach additional sheets as necessary.]
5.5 Liquidated Damages Within the last five years, has the Contractor (or any Prede cessor
Entities or Related Entities) had liquidated damages assessed against it?
YES _____ NO _____
If YES, please provide full details on attached sheets including t he per diem amount of
liquidated damages, the original contract time, and the number of days for which liquidated
damages were assessed. Please feel free to include a writ ten summary of your position on the
matter.
5.6 Terminations / Suspensions / Defaults
(a) Within the last five years, has a contract of the Contractor (or any Predecessor Entities or
Related Entities) been terminated or suspended for cause?
YES _____ NO _____
CITY OF DELRAY BEACH
CONTRACTOR’S PREQUALIFICATION
APPLICATION
Application - 6 of 12
(b) Within the last five years, has another party (e.g. suret y) completed Work which the
Contractor (or any Predecessor Entities or Related Entities ) was originally responsible to
perform?
YES _____ NO _____
(c) Within the last five years, has the Contractor (or any Pre decessor Entities or Related
Entities) been considered in default of a contract that was not cur ed within the time frame
allowed by the contract?
YES _____ NO _____
If the answer to any of questions 5.6(a) -(c) is YES, please provide full deta ils on attached
sheets. Please feel free to include a written summary of your position on the ma tter.
5.7 Denial of Prequalification or Award
(a) Within the last 5 years, has any federal, state, or loca l government or procurement agency
denied the Contractor (or any Predecessor Entities or Related Entities) p requalification?
YES _____ NO _____
(b) Within the last 5 years, has any federal, state, or loca l government or procurement agency,
after the Contractor (or any Predecessor Entities or Relate d Entities) submitted the apparent
low bid, refused to award a contract for reasons related to the C ontractor’s qualifications,
experience, competence, or financial situation?
YES _____ NO _____
If the answer to either of questions 5.7(a) or (b) is YES, pleas e provide full details on attached
sheets. Please feel free to include a written summary of your position on the ma tter.
5.8 Debarments, Etc
(a) Within the last 5 years, has the Contractor (or any Predec essor Entities or Related Entities)
been debarred for any reason by any federal, state, or local government or procurement
agencies?
YES _____ NO _____
(b) Within the last 5 years, has the Contractor (or any Prede cessor Entities or Related Entities)
refrained from bidding for any reason, such as suspension or agreement not to bid, or as part of
the settlement of a Dispute of any type with any federal, state, or local government or
procurement agencies?
YES _____ NO _____
If the answer to either of questions 5.8(a) or (b) is YES, please provide full details on attached
sheets. Please feel free to include a written summary of your position on the ma tter.
CITY OF DELRAY BEACH
CONTRACTOR’S PREQUALIFICATION
APPLICATION
Application - 7 of 12
5.9 Claims History Within the last 5 years, has the Contractor (or any Predeces sor Entities or
Related Entities) been a party to a Claim with an originall y claimed amount in excess of
$50,000? [Please note the relatively narrow definition of “C laim” in section 1.2 of the Procedure.]
YES _____ NO _____
If YES, please provide full details for each Claim on attache d sheets including (a) whether the
Claim was brought by or against the Contractor (or any Predece ssor Entities or Related
Entities), (b) the nature of the Dispute underlying the Claim, (c) originally claimed amounts,
(d) the resolution of such Claims (including the amount) or if unresolved, the current status of
such Claims, and (e) the name, address and phone number of the prima ry adverse party who
can be contacted for additional information, and (f) a written summar y of your position on the
matter (if desired).
5.10 Bid or Other Crimes Within the last 10 years, has the Contractor (or any Predeces sor
Entities or Related Entities), or any officers, owners, or Key Personnel of the same ever been
indicted on, convicted of, or plead or consented to a violation of a bid cr ime including bid
collusion or any other crime involving fraud or knowing misrepresentation?
YES _____ NO _____
If YES, please provide full details on attached sheets. Ple ase feel free to include a written
summary of your position on the matter.
5.11 Quality Control Does the Contractor have a written organizational-level quality control
plan (as opposed to project-level plans)?
YES _____ NO _____
If YES, please answer the following two questions.
(a) What year was it first adopted? ______
(b) In what year was its substance last revised? ______
CITY OF DELRAY BEACH
CONTRACTOR’S PREQUALIFICATION
APPLICATION
Application - 8 of 12
6. Key Personnel
6.1 Please provide the following information for all Key Personnel whos e duties consist
primarily of one or more the following functions: (a) project management, (b) quality control
and (c) safety oversight. [Please feel free to provide this information on at tached sheets in another format as
long as it contains all the information requested.]
Name Job Duties Relevant Licenses Experience Education
(a-c above) or Certifications (# of Yrs) (Degree or # Yrs)
1_____________________ ________ ______________ _________ _________
2_____________________ ________ ______________ _________ _________
3_____________________ ________ ______________ _________ _________
4_____________________ ________ ______________ _________ _________
5_____________________ ________ ______________ _________ _________
6_____________________ ________ ______________ _________ _________
[Attach additional sheets as necessary.]
CITY OF DELRAY BEACH
CONTRACTOR’S PREQUALIFICATION
APPLICATION
Application - 9 of 12
7. Bonding
7.1 Is the Contractor capable of obtaining from a Qualifying Bonding Company a
performance bond and a payment bond each in the amount of the bid pric es that the Contractor
will be submitting to the City? [See definition of “Qualifying Bonding Company” in section 1.2 of
Procedure.] Note: For projects exceeding five hundred thousand dollars, an insurance, bondi ng,
and/or surety company must have a Best Rating of no less than A-VII
YES _____ NO _____
If YES, please attach a letter from a Qualifying Bonding Com pany that: (a) states that the said
company meets the definition of “Qualifying Bonding Company” se t forth in section 1.2 of the
Procedure and (b) sets forth the bonding capacity of the Contractor including a specific dollar
amount for single project and aggregate amount. Letters indicati ng “unlimited” bonding
capacity are not acceptable. (c) States verification that Bonding Company accepts City Bond
Form (sample attached).
If NO, please explain why you cannot meet the bonding standards s et forth in question 7.1
above on attached sheets.
8. Safety
8.1 Does the Contractor have a written safety program?
YES _____ NO _____
If YES, please answer the following two questions.
(a) What year was it first adopted? ______
(b) In what year was its substance last revised? ______
8.2 Does the Contractor hold regular work site safety meetings for immediate supervisors?
YES _____ NO _____
If YES, at what frequency? Weekly ____ Monthly ____ Other ___________
CITY OF DELRAY BEACH
CONTRACTOR’S PREQUALIFICATION
APPLICATION
Application - 10 of 12
8.3 For each of the last three (3) full calendar years, provide the following totals from your
“Log and Summary of Occupational Injuries and Illnesses” (U S City of Labor, Bureau of
Labor Statistics, OSHA No. 200). [Please feel free to attach copies of your OSHA No. 200 logs or to
provide this information in another format on attac hed sheets as long as it contains all the informati on requested.]
OSHA 3 Yrs Ago 2 Yrs Ago Last Yr
No. 200 Yearly Total Yearly Total Yearly Total
Column # Description ___ 20 ___ 20 ___
1 # of Injury Related Fatalities __________ __________ __________
2 # of Injuries Involving Lost
or Restricted Workdays __________ __________ __________
3 # of Injuries Involving
Days Away From Work __________ __________ __________
4 # of Days Away From
Work Due To Injuries __________ __________ __________
5 # of Restricted Workdays
Due To Injuries __________ __________ __________
8 # of Illness Related Fatalities __________ __________ __________
9 # of Illnesses Involving Lost
or Restricted Workdays __________ __________ __________
10 # of Illnesses Involving
Days Away From Work __________ __________ __________
11 # of Days Away From
Work Due To Illnesses __________ __________ __________
12 # of Restricted Workdays
Due To Illnesses __________ __________ __________
On attached sheets, please feel free to provide other information to aid in t he interpretation of
the above information including, for example, the ratio of the above line items to tot al days
worked.
CITY OF DELRAY BEACH
CONTRACTOR’S PREQUALIFICATION
APPLICATION
Application - 11 of 12
8.4 Have you had any accident in the past three years that caused over $ 50,000 in property
damage?
YES _____ NO _____
If YES, please provide full details of each such accident on attached sheet s.
Please feel free to include a written summary of your positions regarding any of the
information provided in this section 8 - Safety.
Complete and attach the Safety Supplemental.
9. Environmental and Civil Rights Information
9.1 Environmental Record. Within the last 5 years, has the Contractor (or any Predeces sor
Entities or Related Entities) been found to be in violation of any federal, state or local
environmental law or regulation in an administrative, civil or crimina l proceeding in which the
fact finder found that the Contractor intentionally or knowingly committ ed the violation and/or
failed to comply after having been notified of the violation?
YES _____ NO _____
If YES, please provide full details, including a summary of your positi on, on attached sheets.
9.2 Civil Rights Record. Within the last 5 years, has the Contractor (or any Predeces sor
Entities or Related Entities) had any findings and/or rulings of s exual harassment,
discrimination, or other civil rights violations against it?
YES _____ NO _____
If YES, please provide full details, including a summary of your positi on, on attached sheets.
Complete and attach the Equal Employment Opportunity/Civil Rights Supple mental.
CITY OF DELRAY BEACH
CONTRACTOR’S PREQUALIFICATION
APPLICATION
Application - 12 of 12
10. Certifications Under Oath
By signing below, the person signing below hereby certifies and swe ars, ON OATH ,
as follows.
1. I have personal knowledge of all the information contained in this A pplication OR I am
responsible for the accuracy of all such information
2. The information contained in this Application is true and complete.
3. I hereby authorize the City to contact any person or entity necessar y to verify or supplement
any of the information requested by or provided in this Application without liability, and I
hereby further authorize any person or entity contacted to provide any and all information
requested without liability.
4. The Contractor has read, understands, and agrees to all terms of the Prequalification
Procedure and this Application.
5. I am duly authorized by law and by the Contractor to sign this A pplication on behalf of the
Contractor.
_____________________________ CONTRACTOR
Date
_____________________________ ______________________________________
Witness [Signature]
By: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
[Name and Title Printed]
State of ____________________
County of __________________ Date: ___________________
Then personally appeared the person who signed this page above and acknowle dged
this instrument to be his or her free act and deed and the free act and deed of the Contractor,
and further said person swore, ON OATH, that the statements made under the se ction 10
entitled “Certifications Under Oath” are true and complete.
______________________________________
[Signature of Notary Public ]
Name Printed: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
My Commission Expires : _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
ATTACHMENT A
Prequalification Application Specifics
(Attach any additional information as needed)
Project Name Total Project Value Dollar Value Performed by Applicant Prime or Sub % of Work Performed
ATTACHMENT B
CONTRACTOR:
PROJECT NAME:
PROJECT DESCRIPTION:
LOCATION OF PROJECT:
OWNER’S NAME AND ADDRESS:
OWNER’S REPRESENTATIVE AND ROLE:
OWNER’S REPRESENTATIVE PHONE:
TYPE OF PROJECT (NEW OR REHAB):
PROJECT DURATION (NOTICE TO PROCEED – FINAL COMPLET ION):
YEAR COMPLETED:
ORIGINAL CONTRACT AMOUNT/FINAL CONTRACT AMOUNT:
AMOUNT OF CHANGE ORDERS AND COST:
P:\Environmental Services\Contractor PreQual Submit tals\2011 Prequal Meetings\8-29-2011\prequal app ch anges
MEMORANDUM
TO:Mayor and City Commissioners
FROM:Lula Butler, Director, Community Improvement
THROUGH:David Harden, City Manager
DATE:August 30, 2011
SUBJECT:AGENDA ITEM 8.E. - REGULAR COMMISSION MEETING OF SEPTEMBER 6, 2011
CONTRACT CLOSEOUT (C.O. NO. 1/FINAL)/VILA AND SON L ANDSCAPE CORPORATION
ITEM BEFORE COMMISSION
City Commission consideration and approval of a Con tract Closeout (Change Order No. 1/Final) in the
net deduct amount of ($92,897.68) and final payment of $27,971.60 to Vila and Son Landscape
Corporation for completion of the Atlantic Avenue M edian Landscape Beautification Project # 2010-26.
BACKGROUND
The project consisted of landscape beautification f or the eleven (11) landscape medians between 12 th
Avenue and Swinton Avenue along the West Atlantic A venue corridor that included: professional
design services, maintenance of traffic, tree trimm ing, removal of existing shrubs/groundcovers, soil
removal and replacement, installation of new irriga tion systems and landscaping.
On August 5, 2011, Vila and Son Landscape Corporati on submitted a letter stating they had officially
closed their doors and were no longer in business. A copy of the letter is attached for your reference . As
a result, the landscape maintenance, which was part of the original contract, has been deducted from t he
final payment. Another landscape maintenance contra ctor will have to be selected to perform the work.
Change order No. 1 includes item deduction, liquida ted damages and liquidation of residual
contingency allowances. All changes for the project are itemized on the attached Schedule “A”. The
project is complete and all closeout documentation has been received.
FUNDING SOURCE
334-3162-541-61.15 – General Construction Fund/Medi ans
Keep Palm Beach County Beautiful (KPBCB) Grant doll ars from the Metropolitan Planning
Organization (MPO) and the Community Redevelopment Agency (CRA)
RECOMMENDATION
Staff recommends approval of a Contract Closeout (C hange Order No. 1/Final) in the net deduct amount
of ($92,897.68) and final payment of $27,971.60 to Vila and Son Landscape Corporation for the
completion of the Atlantic Avenue Median Landscape Beautification Project.
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The Lakeview Golf Course Pond Expansion Project has a total of five (5) different allowances
as shown below:
ITEM NO.DESCRIPTION AMOUNT
19Video Allowance 400.00 $
20Undefined Underground Allowance 5,000.00 $
214" & 6" Irrigation Discharge Piping Allowance15,000.00 $
221-1/2" & 1/2" Conduit & Wiring Remove and Install Allowance5 ,000.00 $
23 1/2" PVC Water Line Remove & Install Allowance 1,000.00 $
Video-Item 19:The cost of the video was $400.00; therefore t he entire amount of the video
allowance was used for the video.
Water Line-Item 23:The cost to Remove and Install 1/2" PVC Wat er Line was $1,000.00; therefore
the entire amount of the water line allowance was used fo r this item.
Items 20; 21 & 22:The other three (3) remaining allowances tot al $25,000.00 and this amount
was used as follows:
Initial Bid Price from Sub-Contractor for Irrigation$10,150.00
Add'l. irrigation materials needed to complete the project:$1 1,349.60
Hydraulic Tubing for "3" Controllers
620 ft. of 110 Volt Wire #8 Red
620 ft. of 110 Volt Wire #8 Black
620 ft. of 110 Volt Wire #8 White
3 Service Tees 4x4x2
620 ft. of Extra 1/2" PVC
620 ft. of separate trench for Power Conduit & Wire
Add'l electrical irrigation materials needed to complete the p roject$1,587.88
620 ft. of 110 Volt Wire 10 Green; add'l. for restroom
620 ft. of 110 Volt Wire Black; East/West of Pump Station
620 ft. of 110 Volt Wire White; East/West of Pump Station
1 Rectangular Valve Box
Total Used From (3) Remaining Allowances $23,087.48
Total Amount of all (3) Allowances = $25,000.00
Total Aount used of all (3) Allowances = $23,087.48
Unued Allowance Balance = $ 1,912.52
ADDITIONAL ALLOWANCE INFORMATION FOR
SCHEDULE "A"
TO CHANGE ORDER NO. 1 / FINAL (CONTRACT CLOSEOUT)
Breakdown on Allowances:
H & J CONTRACTING, INC.
LAKEVIEW GOLF COURSE POND EXPANSION P/N 2007-020
MEMORANDUM
TO:Mayor and City Commissioners
FROM:Scott Aronson, Parking Management Specialist
Richard C. Hasko, PE, Director of Environmental Ser vices
THROUGH:David T. Harden, City Manager
DATE:August 30, 2011
SUBJECT:AGENDA ITEM 8.F. - REGULAR COMMISSION MEETING OF SEPTEMBER 6, 2011
AMENDMENT NO. 1 TO THE ELEVATOR MAINTENANCE SERVICE CONTR ACT/ORACLE
ELEVATOR COMPANY
ITEM BEFORE COMMISSION
The item before the City Commission is that of appr oving Amendment 1 to the Oracle Elevator
Company maintenance service agreement to add the el evator at Miller Park .
BACKGROUND
In 2009 request for proposal 2009-33 was processed to consolidate all elevators in Ci ty owned facilities
under one maintenance service agreement in an effor t to maximize efficiency while reducing costs.
Oracle Elevator was awarded the contract which was ratified on September 29, 2010. While the contract
provided for Oracle to assume maintenance service a greements once existing agreements expired, no
contingency was included for the inclusion of new e levators.
Construction of Miller Park was completed in April, 2010. The one (1) year warranty which included
elevator maintenance has expired.
Elevators are overseen by the Division of Hotels an d Restaurants and require annual inspection by a
certified inspector. An exception to the annual ins pection is granted for elevators servicing only two (2)
floors, contingent upon an elevator maintenance ser vice agreement is in place with an authorized
elevator service company. Documentation of this agr eement must be submitted in order to comply with
this State law.
Attached for your review is Amendment #1 to the agr eement, prepared by the City Attorney, to include
the Miller Park elevator # 97591 in the Oracle Elev ator Maintenance service agreement. Considering
the use of the field will likely be weekends and ev enings the provision of maintenance and repairs is
being required 24/7 at a cost of $125 per month, co nsistent with the parking garages.
FUNDING SOURCE
Miller Park is under the auspices of the Parks and Recreation Department. Funding for this agreement i s
provided through Account # 001-4121-572-34.90, Othe r Contractual Services.
RECOMMENDATION
Staff recommends approval of amendment #1 to the ag reement with Oracle Elevator Company to
provide elevator maintenance service to Elevator # 97591 located at Miller Park.
AMENDMENT NO. 1 TO THE ELEVATOR MAINTENANCE SERVICE CON TRACT
BETWEEN THE CITY OF DELRAY BEACH AND ORACLE ELEVATOR COMP ANY
THIS AMENDMENT NO. 1 entered into this ____ day of _______________, 20_,
by and between the CITY OF DELRAY BEACH , a Florida municipal corporation,
(hereinafter referred to as City) and ORACLE ELEVATOR COMPANY (hereinafter
referred to as Contractor), provides as follows:
WHEREAS, the parties entered into an Agreement dated September 29 , 2009 to
provide for elevator maintenance service; and
WHEREAS, t he parties now wish to amend the Agreement to provide for t he
servicing of an additional elevator.
NOW, THEREFORE , in consideration of the mutual covenants contained he rein,
the parties hereto agree as follows:
1. Recitals : The recitals set forth above are hereby incorporated as if fully
set forth herein.
2. Modification : The Agreement is hereby amended, to add one elevato r,
serial # 97591, located at Miller Park. The price of the contract will be increased by
$125.00 per month based on the addition of this elevat or.
3 . Governing Laws; Venue . This Agreement shall be governed by and in
accordance with the Laws of Florida. The venue for any act ion arising from this
Agreement shall be in Palm Beach County, Florida.
4. Entire Agreement . Except as modified by this amendment, the original
agreement shall remain in full force and effect.
2
IN WITNESS WHEREOF , the parties hereto have caused this Agreement to be
executed this _______ day of _______________, 20 11 .
ATTEST: CITY OF DELRAY BEACH, FLORIDA
______________________ By: ____________________________
City Clerk Nelson S. McDuffie, Mayor
Approved as to form:
______________________
City Attorney
WITNESSES: ORACLE ELEVATOR COMPANY
______________________ By: _______________________
______________________ ______________________
Print Name
______________________
______________________
Print Name
State of Florida
County of Palm Beach
The foregoing instrument was acknowledged before me this _____ day of
___________, 20 11 , by ____________________________, as
_________________________ (name of officer or agent, title of officer or agent), of
_________________________________ (name of corporati on acknowledging), a
_________________ (state or place of incorporation) corporat ion, on behalf of the
corporation. He/She is personally known to me or has produced
_______________________ (type of identification) as i dentification.
_____________________________________
Notary Public
MEMORANDUM
TO:Mayor and City Commissioners
FROM:Victor Majtenyi; Deputy Director of Public Uti lities
Richard C. Hasko, P.E.; Director of Environmental S ervices Department
THROUGH:David Harden; City Manager
DATE:August 24, 2011
SUBJECT:AGENDA ITEM 8.G. - REGULAR COMMISSION MEETING OF SEPTEMBER 6, 2011
AMENDMENT NO. 1 TO AGREEMENT (CHANGE ORDER NO. 1)/S OUTHLAND PAINTING
CORP.
ITEM BEFORE COMMISSION
Approve Amendment 1 (Change Order No. 1) to Southla nd Painting Corporation in the amount of
$28,935.00 for the additional rehabilitation work o f Clarifier #4 at the Water Treatment Plant.
BACKGROUND
On March 16 th , 2010, the City approved an award to Southland Pai nting Corporation in the amount of
$50,630 for the Water Treatment Plant Clarifier #4 Rehabilitation project. Due to various issues wit h
other three clarifiers, this work could not begin u ntil last month; the City needs two clarifiers
operational at all times. The original scope of w ork under the contract was partial rehabilitation o f all
the steel structural components above the water lin e. Work encompassed sandblasting and painting of
all steel components inside the clarifier reactor u nit’s top four feet and all structural steel walkway
members across the top of the unit. During the reha bilitation work, with the tank completely drained,
staff had concerns with the condition of the rest o f the tank’s steel structural components below the
water line that now were visible for inspection. Th e paint coating manufacturer’s representative
(Tnemec Paints) conducted a progress inspection of the work. He recommended the City perform
rehabilitation work on the rest of the structural s teel components at this time; doing all the compone nts
now would provide us a more comprehensive warranty with regards to the paint coating. Since the
tank is out of service, performing the work now wou ld also spare us the expense in performing another
disinfection/filling process later.
The scope of work under this amendment includes pre ssure washing, sandblasting and brush blasting of
all steel surfaces, and applying two coats of Tneme c brand paint. This additional scope of work will
cost $28,935.00. Clarifier Unit #4 was last painte d in December 2001.
FUNDING SOURCE
Funding is proposed from account #442-5178-536-46.9 0, Water and Sewer Renewal & Replacement
Fund/ Other Repair and Maintenance, in the amount o f $28,935.00, after a budget transfer.
RECOMMENDATION
Staff recommends award of Amendment 1 (Change Order #1) to Southland Painting in the amount of
$28,935.00 for the Rehabilitation of the Water Trea tment Plant’s Clarifier #4 unit.
P/N 2010-097, Rehab of WTP Clarifier #4
Amendment #1 to the Standard form of Agreement Page 1 of 2
AMENDMENT NO. 1 TO THE AGREEMENT WITH
SOUTHLAND PAINTING CORPORATION
THIS AMENDMENT NO. 1 to the Agreement is entere d into this ____day of _____
2011, by and between the City of Delray Beach, Florida, a Florida municipal corporation
(“City”) and Southland Painting Corporation.
W I T N E S S E T H :
WHEREAS, the City recently entered into a contract with Southland Painting
Corporation for the Water Treatment Plant Clar ifier #4 Rehabilitati on project at the ESD
Compound, Water Treatment Plant site, (P/N 2010-097); and
WHEREAS , the parties wish to add additional scope of work to the original agreement
that was approved by Commission on Tuesday, March 16 th , 2010, between the City of Delray
Beach, Florida, a Florida municipal corporatio n (“City”) and Southland Painting Corporation,
Agreement dated April 14 th , 2010.
NOW, THEREFORE , in consideration of the promises and covenants set forth herein,
and the good and valuable consider ation as provided for herein, th e parties agree as follows:
1. Recitations . That the recitations set forth above are hereby incorporated as if
fully set forth herein.
2. Amendment . The Agreement is hereby amended as follows:
The City agrees to the additional scope of work described below:
Rehabilitation of Clarifier Reactor Unit #4; surface preparation and coating of lower
interior steel surfaces below the water line, not previously visible, as identified in
attached Exhibit A , proposal dated August 22, 2011. In addition, the total cost of
rehabilitation work to date is su mmarized on the Change Order form Exhibit “B”,
attached hereto and incorporated herein. The work shall be completed within 30 days of
the execution of this Amendment.
3. Full Force and Effect . All other terms and conditions of the Agreement not expressly
modified by this Amendment No. 1 ther eto remain in full force and effect.
P/N 2010-097, Rehab of WTP Clarifier #4
Amendment #1 to the Standard form of Agreement Page 2 of 2
ATTEST: CITY OF DELRAY BEACH, FLORIDA
By:_____________________ By:________________________
City Clerk Nelson S. McDuffie, Mayor
Approved as to Form:
By:_____________________
City Attorney
WITNESS: FLORIDA HIGHWAY PRODUCTS, INC.
______________________ By:________________________________
Name Printed:________________________
______________________ Title:_______________________________
(print or type name)
STATE OF ______________
COUNTY OF ____________
The foregoing instrument was acknow ledged before me this _____ day of
____________, 2011 by ___________________________________, _______________ of
__________________________________________, a ________________ corporation, on
behalf of the corporation. He/She is personally known to me/or has produced
___________________________ (as identification).
_______________________________
Signature of Notary Public
EXHIBIT "A"
EXHIBIT "A"
EXHIBIT “B”
S:\EngAdmin\Projects\2010\2010-097\OFFICIAL\CO 1 Southland Painting Corporation 2011Sep06.docx
CITY OF DELRAY BEACH
CHANGE ORDER TO ORIGINAL “AGREEMENT”
CHANGE NO. 1 PROJECT NO. 2010-097 DATE:
PROJECT TITLE: Water Treatment Plant Clarifier #4 Rehabilitation
TO CONTRACTOR: Southland Painting Corporation
YOU ARE HEREBY REQUESTED TO MAKE THE FOLLOWING CHANGES IN THE PLA NS AND SPECIFICATIONS FOR
THIS PROJECT AND TO PERFORM THE WORK ACCORDINGLY, SUBJECT TO ALL ST IPULATIONS AND COVENANTS
IN THE AGREEMENT.
________________________________________________________________________________________________________
JUSTIFICATION:
Additional work required with the Rehabilitation of Clarifie r Reactor Unit #4; surf ace preparation and coating of lower interi or steel
surfaces blow the water line, not previously visible, as identified in attached Ex hibit A, proposal date d August 22, 2011.
SUMMARY OF CONTRACT AMOUNT/CHANGES
ORIGINAL AGREEMENT AMOUNT $50,630.00
COST OF CONSTRUCTION CHANGES PREVIOUSLY ORDERED $ .00
ADJUSTED AGREEMENT AMOUNT PRIOR TO THIS CHANGE ORDER $ 0.00
COST OF CONSTRUCTION CHANGES THIS ORDER $ 28,935.00
ADJUSTED AGREEMENT AMOUNT INCLUDING THIS CHANGE ORDER $ 79,565.00
PERCENT INCREASE THIS CHANGE ORDER 57%
TOTAL PERCENT INCREASE TO DATE 57%
CERTIFIED STATEMENT: I hereby certify th at the supporting cost data included is , in my considered opinion, accurate
and that the prices quoted are fair and reasonable.
___________________________________________
Southland Painting Corporation
(Contractor to sign & seal)
_________________________________________________________________________________________________________
TO BE FILLED OUT BY DEPARTMENT INITIATING CHANGE ORDER
Funding is available from account: 442-5178-536-46.90
DEPARTMENT FUNDING CERTIFIED BY
DELRAY BEACH, FLORIDA by its City Commission
RECOMMEND:__________________________ By: ____________________________________________
Environmental Services Mayor
A T T E S T :
APPROVED: __________________________ By: ____________________________________________
City Attorney City Clerk
August 22, 2011
Mr. Jef Verhelst
Southland Painting Corporation
2635 N.W.4 th Street
Ft. Lauderdale, FL 33311
Re: City of Delray Beach
WPT/ Accelator Tank
Jef,
At your request I visited the above referenced site on Thursday the 18 th . The
purpose of the visit was to ch eck on the quality of the coa tings application to date. I
met Cliff at the site and together we obser ved the surfaces that the crew was working
on. Be advised that the job is progressing ni cely. There were a fe w areas that Cliff
and I found that needed to be touched up, but then again the crew was not finished.
Overall they are doing a good job and I will be glad to visit the site upon completion.
Jef, I commented to Cliff, that it is a real shame that the City does not want to do the
entire tank. The remaining surfaces have had all of the slag already removed which is
a huge job, and it appears that there is quite a bit of corrosion. I would recommend
that you do the entire surface because it will be faster and more cost effective. By the
time you went from one rusted area to the next with your blast cleaning and spot
priming almost the entire surface will be coated anyway.
It would be a shame to waste the opportuni ty while the tank is out of service!
Give me a call or send me an e-mail when you want me to do a final.
Regards,
George T. Smith
Coatings Consultant
FPCCI / TNEMEC
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:August 25, 2011
SUBJECT:AGENDA ITEM 8.H. - REGULAR COMMISSION MEETING OF SEPTEMBER 6, 2011
AMENDMENT 1 TO THE JOINT PARTICIPATION AGREEMENT/FDOT/GATEWAY
FEATURE
ITEM BEFORE COMMISSION
This item is before the Commission for approval and authorization for the Mayor to execute amendment
number 1 to the Joint Participation Agreements (JPA ) with Florida Department of Transportation
(FDOT). This agreement is for the proposed landscap ing along Atlantic Ave (SR 806) from I-95 to
NW/SW 12 th Avenue.
BACKGROUND
The City of Delray Beach was awarded a Keep Palm Be ach Beautiful grant, in FY 2008-2009 in the
amount of $199,760.00 for landscaping along W Atlan tic Ave from I-95 to SW/NW 12th Avenue. On
April 20, 2010, City Commission approved execution of the JPA. The deadline for the funding expires
December 31, 2011 and this amendment will extend th e deadline to June 30, 2012. Due to permitting
issues, the extension will be required to complete the project.
FUNDING SOURCE
Total construction cost of the JPA is $199,760.00, which will be reimbursed 100% by FDOT.
RECOMMENDATION
Staff recommends approval.
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:August 25, 2011
SUBJECT:AGENDA ITEM 8.I. - REGULAR COMMISSION MEETING OF SEPTEMBER 6, 2011
INTERLOCAL AGREEMENT/PALM BEACH COUNTY FOR S.W. 12TH AVENU E/AUBURN
AVENUE/ S.W. 14TH AVENUE
ITEM BEFORE COMMISSION
Request for Commission approval and authorization f or the Mayor to execute the Interlocal
Agreement with Palm Beach County for Improvements o n SW 12th Avenue/Auburn Avenue/SW 14th
Avenue from SW 10th Street to West Atlantic Avenue, which provides for reimbursing the City
$1,000,000.00 for costs associated with the improve ments along this corridor. This
approval/authorization is subject to review and app roval by the City Attorney.
BACKGROUND
Palm Beach County (County), Delray Beach (City) and the Delray Beach Housing Authority (DBHA)
entered into an Interlocal agreement dated 18 Novem ber 2008 through which the County would
reimburse DBHA an amount not to exceed $1,000,000 f or Carver Estates-SW 12th Avenue/Auburn
Avenue reconstruction. On November 17, 2009, City Commission approved an amendment to that
agreement to reimburse the City for the improvement s, which are under City’s jurisdiction. The
amendment to the agreement expired on September 1, 2011.
The agenda item before commission is for a new inte rlocal agreement between the City and the County
for the reimbursement of $1,000,000 to the City for the improvements in the SW 12th Avenue/ Auburn
Avenue / SW 14th Avenue Project. This new Agreemen t extends the completion date to September 1,
2012
RECOMMENDATION
Staff recommends approval.
DR
A
F
T
INTERLOCAL AGREEMENT
CITY OF DELRAY BEACH
SW 12 TH AVENUE /AUBURN AVENUE
THIS INTERLOCAL AGREEMENT is made and entered into this
_______day of___________, by and between PALM BEACH COUNTY , a political
subdivision of the State of Fl orida hereinafter referred to as “COUNTY”, CITY OF
DELRAY BEACH a municipal corporation of the State of Florida hereinafter
referred to as “CITY”.
WITNESSETH:
WHEREAS, the CITY wishes to enter into an Interlocal Agreement through
which the COUNTY would reimburse an am ount not to exceed One Million Dollars
($1,000,000) for SW 12 th Avenue/Auburn Avenue roadway reconstruction, which
consists of, asphalt resurfacing, pavem ent markings, signage, replacing and
upgrading landscaping, and drainage hereinafter referred to as “IMPROVEMENTS ”;
and
WHEREAS , the CITY has jurisdiction of SW 12 th Avenue/Auburn Avenue
from SW 10 th Street to W. Atlantic Avenue and has authorization to perform the
IMPROVEMENTS ; and
WHEREAS , the COUNTY will reimburse the CITY an amount not to exceed
One Million Dollars ($1,000,000) for the IMPROVEMENTS, and all subsequent
maintenance of the IMPROVEMENTS shall be the respons ibility of the CITY ; and
WHEREAS, those costs incurred subsequent to the date of this agreement
are eligible for reimbursement by the COUNTY pursuant to the terms and condition
hereof; and
WHEREAS, the COUNTY believes that the IMPROVEMENTS serve a public
purpose through the enhancement of SW 12 th Avenue/ Auburn Avenue, and wishes
to support the IMPROVEMENTS by providing reimbursement funding for the
documented costs of the IMPROVEMENTS in an amount not to exceed ONE
MILLION DOLLARS ($1,000,000.00); and
NOW THEREFORE , in consideration of the mutual covenants, promises,
and agreements herein c ontained, the parties agree as follows:
1. The above recitals are true, correct and incorporated herein.
2. The COUNTY agrees to provide to the CITY reimbursement funding
for documented costs associated with the IMPROVEMENTS in an amount not to
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exceed ONE MILLION DOLLARS ($1,000,000 ). Those costs incurred subsequent
to the date of this agreement are e ligible for reimbursement by the COUNTY
pursuant to the terms and conditions hereof.
3. The COUNTY agrees to reimburse the CITY the amount
established in paragraph 2 fo r costs associated with the IMPROVEMENTS , upon
the CITY’s submission of acceptable docum entation needed to substantiate its
costs for the IMPROVEMENTS . The COUNTY will use its best efforts to provide
said funds to the CITY on a reimbursement basis withi n forty-five (45) days of
receipt of all information required in paragraph 6, below.
4. The COUNTY ‘s obligation is limited to it s payment obligation and shall
have no further obligation to any other person or entity.
5. The CITY agrees to assume all respon sibility for design, bidding,
contract preparation, and contract administration necessary for the
IMPROVEMENTS , including payment(s) to contract or(s) pursuant to all applicable
governmental laws and regul ations and will comply with all applicable governmental
codes and permitting requirements (i ncluding, but not limited to CITY and
COUNTY ) in the selection and installation of the IMPROVEMENTS. The CITY also
agrees to assume financial responsibility for the completion of any portions of the
IMPROVEMENTS that are not fully funded by the amount set forth in Paragraph 2,
above. Otherwise, the COUNTY will have the final determinat ion of the eligibility for
reimbursement of any change s. Substantial variations from the approved plans
shall require prior wr itten approval from CITY and County Engineer’s Office. The
final plans for the IMPROVEMENTS must be signed and se aled by a Florida
Registered Engineer.
6. The CITY will obtain or provi de all labor and materials necessary for
the design and installation of the IMPROVEMENTS . The COUNTY shall have the
final determination of eligib ility for reimbursement. The CITY shall furnish to the
Office of The County Engineer ’s representative a request for payment supported by
the following:
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A) A statement from a Florid a Registered Engineer that the IMPROVEMENTS
have been inspected and were installed substantially in accordance with the
permitted plans for the IMPROVEMENTS , and;
B) A Contract Payment Request Form and a Contractual Services Purchases
Schedule Form, attached hereto and incorporated herein as Exhib it “A” (pages 1 &
2), which are required for each and every reimbursement to the CITY . Said
information shall list each invoice payable by the CITY and shall include the vendor
invoice number, invoice date, and the amount payable by the COUNTY . The CITY
shall attach a copy of eac h vendor invoice paid by the CITY along with a copy of
the respective check and shal l make reference thereof to the applicable item listed
on the Contractual Services Purchas es Schedule Form. Further, the CITY
Financial Officer, or authorized representative, shall also certify that each invoice
listed on the Contractual Services Purchases Schedule Form was paid by the CITY
as indicated.
7. The CITY shall maintain adequate records to justify all charges,
expenses, and costs incurred in performing the IMPROVEMENTS for at least three
(3) years after the completion of the IMPROVEMENTS . COUNTY shall have
access to all books, records and documents r equired in this Section for the purpose
of inspection or audit during normal business hours.
8. The CITY agrees to be responsible for the subsequent maintenance
of the roadway following the IMPROVEMENTS . The CITY shall be solely
responsible for obtaining and complying with all necessa ry permits, approvals and
authorizations from any f ederal, state, regional, COUNTY or agency if any are
required for the IMPROVEMENTS .
9. The IMPROVEMENTS shall be completed and final invoices
submitted to the COUNTY no later than September 1, 2012. The COUNTY shall
have no obligation to the CITY or any other entity or person for any cost incurred
thereafter unless the time fo r completion is extended by modification of this
Agreement as provided herein . In the event that the CITY needs additional time to
complete the IMPROVEMENTS or to invoice the COUNTY , the CITY must notify
the COUNTY in writing by June 1, 2012, of the need for a time extension. Failure to
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request a time extension by June 1, 2012, and/or failure to submit final invoices for
IMPROVEMENTS by September 1, 2012, will indicate that the IMPROVEMENTS
are not being completed and will result in automatic termina tion of this Agreement,
COUNTY shall have no further funding obligation for IMPROVEMENTS.
10. Each party shall be liable for its own actions and negli gence and to
the extent permitted by law; the CITY shall indemnify, defend and hold harmless the
COUNTY against any actions, claims fo r damages arising out of the CITY’s
negligence in connection with this Agr eement or the perf ormance by the CITY as it
may relate to this Agreement. The foregoi ng indemnification shal l not constitute a
waiver of sovereign immunity beyond the limi ts set forth in Florida Statutes, Section
768.28, nor shall the same be construed to c onstitute agreement by either party to
indemnify the other party for such other party’s negligence, wi llful or intentional acts
or omissions.
11. Without waiving the right to so vereign immunity as provided by
s.768.28 f.s., the CITY acknowledges to be self-insured for General Liability and
Automobile Liability under Fl orida sovereign immunity st atutes with coverage limits
of $100,000 Per Person and $200,000 Per Occu rrence; or such monetary waiver
limits that may change and be set forth by the legi slature. In the event the CITY
maintains third-party Commercial General Li ability and Business Auto Liability in
lieu of exclusive reliance of self-insurance under s.768.28 f.s., the CITY shall agree
to maintain said insurance policies at limits not less than $500,000 combined single
limit for bodily injury or property damage. The CITY agrees to maintain or to be
self-insured for Worker’s Compensation & Employer’s Liabil ity insurance in
accordance with Florida Statut e 440. When requested, the CITY shall agree to
provide an affidavit or Certif icate of Insurance evidencing insurance, self-insurance,
and/or sovereign immunity status, which COUNTY agrees to recognize as
acceptable for the above mentioned cove rage. Compliance with the foregoing
requirements shall not relieve the CITY of its liability and obligations under this
Interlocal Agreement.
12. As provided in F.S. 287.132-133, by entering into this Agreement or
performing any work in furtherance hereof, the CITY certifies that its affiliates,
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suppliers, sub-contractors, and consult ants who perform work hereunder, have not
been placed on the convicted vendor list maintained by the State of Florida
Department of Management Services within 36 months immediately p receding the
date hereof. This notice is r equired by F.S. 287.133(3)(a).
13. The CITY may require each contractor engaged by the CITY for work
associated with this Ag reement to maintain:
a. Workers’ Compensation coverage in accordance with Florida statues,
and;
b. Commercial General Liability coverage, including vehicle coverage, in
combined single limits of not less than ONE MILLION DOLLARS ($1,000,000.00).
The COUNTY shall be included in the covera ge as an additional insured, and;
c. A payment and performance bond for the total amount of the
IMPROVEMENTS in accordance with Fl orida Statute 255.05.
14. In the event of termination, the CITY shall not be relieved of liability to the
COUNTY for damages sustained by virtue of any breach of the Agreement by the
CITY ; and the COUNTY may withhold any payment to the CITY for the purpose of
set-off until such time as the exact amount of damages due the COUNTY is
determined.
15. The COUNTY may terminate, in whole or in part, without cause, immediately
upon written notice to the CITY. Unless the CITY is in breach of this contract, the
CITY shall be paid for services rendered to the COUNTY’s satisfaction through the
date of termination.
16. The CITY warrants and represents that all of its employees are treated
equally during employment without regard to race, color, re ligion, disability, sex,
age national origin, ancestry, marital status , familial status, sexual orientation,
gender identify and expression. Any contract entered into by th e CITY for work
associated with this agreement will include the above language .
17. The COUNTY’s performance and obligation to pay under this contract
for subsequent fiscal years is contingent upon annual appropriations for its purpose
by the Board of County Commissioners.
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18. In the event that any secti on, paragraph, sentence, clause or
provision hereof is held in valid by a court of competent jurisdiction, such holding
shall not affect the remaining portions of this Agreement and th e same shall remain
in full force and effect.
19. All notices required to be given under this Agreement shall be in
writing, and deemed suffici ent to each party when sent by United States Mail,
postage paid, to the following:
AS TO THE COUNTY
Engineeri ng and Public Works Department
Tanya N. McConnell, P.E.
Deputy County Engineer
2300 North Jog Road Ste. 3E-13
West Palm Beach, Florida 33411
AS TO THE CITY
City of Delray Beach
Mr . Randall Krejcarek, P.E.
City Engineer
434 So. Swinton Avenue
De lray Beach, Florida 33444
Phone: 561-243-7322
Fax: 561-243-7314
20. This Agreement shall be construed and governed by the laws of the
State of Florida. Any legal action nece ssary to enforce this Agreement shall be
held in Palm Beach County. No reme dy herein conferred upon any party is
intended to be exclusive of any other re medy, and each and every other remedy
shall be cumulative and shall be in addition to every other remedy given hereunder
or now hereafter existing at law or in equity or by statute or otherwise. No single or
partial exercise by any party of any righ t, power or remedy shall preclude any other
or further exercise thereof.
21. Any costs or expenses (inc luding reasonable attorney’s fees)
associated with the en forcement of the terms and condit ions of this Agreement shall
be borne by the respective parties; provided, however, that thi s clause pertains only
to the parties to the Agreement.
22. Except as expressly permitted herei n to the contrary, no modification,
amendment, or alteration in the terms or conditions contained herein shall be
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effective unless contained in a written document executed with the same formality
and equality of dignity herewith.
23. Each party agrees to abide by al l laws, orders, rules and regulations
and the CITY will comply with all applicabl e governmental codes in the
maintenance and replacement of the IMPROVEMENTS.
24. The parties to this Agreement shall not be deemed to a ssume any
liability for the negligent or wrongful acts , or omissions of the other party (or
parties). Nothing contained herein shall be construed as a waiver, by any of the
parties, of the liability limits establis hed in Section 768.28, Florida Statutes.
25. CITY shall promptly notify the COUNTY of any lawsuit-related
complaint, or cause of action threatened or commenced against it which arises out
of or relates, in any manner, to th e performance of this Agreement.
26. The parties expressly covenant and agree that in the event that any of
the parties is in default of its obligations under this Agreement, the party not in
default shall provide to the defaulting party thirty (30) days written notice before
exercising any of thei r rights.
27. The preparation of this Agreement has been a joint eff ort of the
parties, and the resulting document shall not solely as a matter of judicial constraint,
be construed more severely against one of the parties than the other.
28. The CITY has the authority to enter into the Agreement and to
perform the obligations contained herein.
29. This Agreement represents t he entire understanding among the
parties, and supersedes all other negotiations , or agreements, written or oral,
relating to this Agreement.
30. A copy of this Agreement shall be filed with the Clerk of the Circuit
Court in and for Palm Beac h County, Florida.
31. This Agreement shall take effe ct upon execution and the effective
date shall be the date of execution.
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IN WITNESS WHEREOF , the parties have executed this Agreement and it is
effective on the date first above written.
ATTEST: PALM BEACH COUNTY, FLORIDA, BY ITS
SHARON R. BOCK, CLERK & BOARD OF COUNTY COMMISSIONERS
COMPTROLLER
By:________________________ By:________________________________
Deputy Clerk Karen T. Marcus Chair
APPROVED AS TO FORM AND APPROVED AS TO TERMS
LEGAL SUFFICIENCY AND CONDITIONS
By: ________________________ By: _____________________________
Assistant County Atto rney
Date: _____________________ Date: ___________________________
City of Delray Beach APPROVED AS TO FORM AND LEGAL
SUFFICIECY
By: _______________________ By: _____________________________
Mayor City Attorney
Date: ______________________ Date: ___________________________
By: ________________________
Date: ______________________
h:\ojmwp\ojm\agreements new\interlo cal agreement carver estates.doc
11/11/2009Delray Beach GIS
SW 12 th Ave –SW 10 th St to W Atlantic Ave
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MEMORANDUM
TO:Mayor and City Commissioners
FROM:Lula Butler, Director, Community Improvement
THROUGH:David Harden, City Manager
DATE:August 30, 2011
SUBJECT:AGENDA ITEM 8.J. - REGULAR COMMISSION MEETING OF SEPTEMBER 6, 2011
DISASTER RECOVERY INITIATIVE (DRI)/HOUSING REHABILITATION CONTRACT
AWARD
ITEM BEFORE COMMISSION
Approval is requested for one (1) Housing Rehabilit ation bid to be awarded to the lowest responsive
bidder. Funding for the project is through the DRI Housing Rehabilitation grant.
BACKGROUND
Approval is requested for one (1) Housing Rehabilit ation bid to be awarded to the lowest responsive
bidder for the following projects:
354 NW 6 th Avenue/South Florida Construction Services, Inc. 3 6,670.00 = Total Rehab Cost:
$37,875.95
Grant awards are based on the actual cost of the re habilitation, as determined by the low responsive
bidder(s), plus a 5% contingency. Included costs of rehab are lead-based paint inspection, lead
abatement, lead clearance, termite inspection, term ite treatment, and recording fees. Additional cost
may be incurred for lead clearance test(s). The con tingency may be used for change orders. All unused
funds will remain with the DRI Housing Rehabilitati on program. Inspection of work is done by the
Department of Community Improvement’s Building Inspection and Neighborhood Services
Divisions. Contracts are executed between the build ing contractor and the property owner. The City
remains the agent and this office monitors all work performed by the contractor, ensuring
compliance with specifications and program guidelin es. Pay request forms require both contractor and
homeowner’s signatures. Grant recipients have met all eligibi lity requirements as specified in the
approved Policies and Procedures. The rehabilitatio n activities will bring the homes to minimum code
requirements by repairing the roof, electric and pl umbing systems and correcting other incipient code
violations. Detailed work write-ups and individual case files are available for rev iew in the
Neighborhood Services Division Office.
The Neighborhood Services Division is responsible f or ensuring that the housing rehabilitation contrac ts
are awarded to the lowest responsive bidder, as a r esult of a formal bid process. Therefore, an in-house
policy was created to limit awards to the lowest re sponsive bidder as it relates to the Division’s
professional in-house estimate. This serves to disqualify unreasona bly low bids, and therefore, protect
against the resulting change order requests.
FUNDING SOURCE
Disaster Recovery Initiative 118-1960-554-49.19
RECOMMENDATION
Staff recommends awarding one Housing Rehabilitatio n bid for $37,875.95 to be awarded to the lowest
responsive bidder.
BID/QUOTE #: 13-2011NS
APPLICANT:
PROJECT ADDRESS:
DATE OF BID LETTERS: April 27, 2011
DATE OF BID OPENING: May 23, 2011
GENERAL CONTRACTORS BID AMOUNT BID BOND
Abisset Corporation
All Phase Roofing
All-Site Construction, Inc.
ARZ Builders, Inc.
Benchmark Custom Building of Palm Beach
Built Solid Construction, LLC 40,975.00 $ Yes
Citywide Construction Services, Inc.
CJ Contracting, LLC 40,403.00 $ Yes
Cordoba Construction Co.
Jemstone Construction Group, Inc.
JIJ Construction Corp.
KM Construction Inc.
MacDonald Construction Company of Plam Beach
Ray Graeve & Sons Construction, Inc.42,410.00 $ Yes
South Florida Construction Services, Inc.35,670.00 $ Yes
Sunband Builders Construction Inc.
In-House Estimate:34,814.11 $
RECOMMENDED CONTRACTOR: South Florida Construction Servic es, Inc.
BID/CONTRACT AMOUNT :35,670.00 $
Contingency 1,000.00 $
36,670.00 $
Lead Inspection 325.00
Lead Clearance 85.00
Termite Inspection
Termite Treatment 706.75
Recording Fees 89.20
GRANT CONTRACT AMOUNT 37,875.95
FUNDING SOURCE:Disaster Recovery Initiative (DRI)
Account #
COMMENTS:Recommend awarding project to the lowest responsive bidder.
CITY OF DELRAY BEACH NEIGHBORHOOD SERVICES DIVISION
HOUSING REHABILITATION PROGRAM
BID INFORMATION SHEET
Daisy Manning
354 NW 6th Avenue
118-1960-554-49.19
BID /QUOTE NUMBER:13-2011NS
OWNER: Daisy Manning
ADDRESS: 354 NW 6th Avenue
BID ADVERTISEMENT DATE:April 27, 2011
BID OPENING DATE:May 23, 2011
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1 Globial Encasement 3,281.25 $ 2,300.00 $ 3,800.00 $ 6,500.00 $ 5,800.00 $
2 Remove All Window Sills 3,150.00 $ 1,495.00 $ 900.00 $ 1,975.00 $ 1,680.00 $
3 Remove Exterior door 1,300.00 $ 1,300.00 $ 750.00 $ 750.00 $ 750.00 $
4 Remove Fascia 420.00 $ 1,475.00 $ 600.00 $ 1,575.00 $ 345.00 $
5 Install 4ply Built up Roof 567.00 $ 3,300.00 $ 1,800.00 $ 1,475.00 $ 1,500.00 $
6 Replace Soffit and Fascia 193.83 $ 1,100.00 $ 250.00 $ 250.00 $ 65.00 $
7 House numbers 50.00 $ 85.00 $ 22.00 $ 30.00 $ 75.00 $
8 Hurricane Shutters 3,990.00 $ 4,150.00 $ 3,800.00 $ 4,675.00 $ 3,980.00 $
9 Install Exterior Door 2,175.00 $ 2,025.00 $ 1,900.00 $ 1,600.00 $ 1,800.00 $
10 Installl New Windows 6,175.00 $ 6,650.00 $ 7,000.00 $ 6,100.00 $ 4,750.00 $
11 Paint House Complete 1,721.83 $ 2,400.00 $ 3,300.00 $ 2,650.00 $ 2,475.00 $
12 Repair Porch Structure 883.20 $ 3,800.00 $ 350.00 $ 1,800.00 $ 780.00 $
13 Install Ceramic Tile Fixture Set 325.00 $ 325.00 $ 700.00 $ 170.00 $ 150.00 $
14 Repair Drywall 920.00 $ 975.00 $ 800.00 $ 475.00 $ 400.00 $
15 Install Hi- Rise toilet 900.00 $ 495.00 $ 400.00 $ 725.00 $ 650.00 $
16 Install New Tub/Shower 1,800.00 $ 1,600.00 $ 4,800.00 $ 2,600.00 $ 2,140.00 $
17 Install Water Heater 515.00 $ 675.00 $ 800.00 $ 600.00 $ 775.00 $
18 Remove Tub and Install Shower 2,100.00 $ 2,600.00 $ 3,000.00 $ 2,900.00 $ 2,440.00 $
19 Install 150 Amp Service 1,350.00 $ 1,325.00 $ 1,800.00 $ 2,100.00 $ 1,850.00 $
20 Install Exterior Light Fixture 345.00 $ 275.00 $ 208.00 $ 285.00 $ 195.00 $
21 Install Interior Light Fixture 260.00 $ 350.00 $ 325.00 $ 300.00 $ 420.00 $
22 Repair ELE. Service 1,350.00 $ 1,100.00 $ 1,600.00 $ 1,950.00 $ 1,150.00 $
23 Replace Exhaust Fan 322.00 $ 575.00 $ 599.00 $ 250.00 $ 600.00 $
24 Smoke Detector 720.00 $ 600.00 $ 899.00 $ 675.00 $ 900.00 $
TOTAL 34,814.11 $ -$ -$ -$ -$ -$ 40,975.00 $ 40,403.00 $ -$ -$ -$ -$ -$ -$ 42,410.00 $ 35,670.00 $ -$
118-1960-554-49.19
MEMORANDUM
TO:Mayor and City Commissioners
FROM:Lula Butler, Director, Community Improvement
THROUGH:David Harden, City Manager
DATE:August 29, 2011
SUBJECT:AGENDA ITEM 8.K. - REGULAR COMMISSION MEETING OF SEPTEMBER 6, 2011
FOURTH AMENDMENT TO THE DISASTER RECOVERY INITIATIV E AGREEMENT
(DRI2)/PALM BEACH COUNTY
ITEM BEFORE COMMISSION
City Commission approval of the fourth Amendment to the Agreement between the City and Palm
Beach County for the Disaster Recovery Initiative (DRI2) Housing Rehabilitation Program.
BACKGROUND
At the January 31, 2008 meeting, City Commission ap proved an Agreement between the City and Palm
Beach County for $980,000 to complete up to 24 hous ing rehabilitation projects for income-eligible
residents who suffered damages from Hurricane Wilma . There are currently 17 housing rehab projects
that have been completed or are underway in various stages of the process. The original deadline to
expend funds was December 31, 2008. The County agre ed to extend this deadline to August 15, 2009
under Amendment 1, which was subsequently approved by Commission on December 2, 2008;
Amendment 2 was approved by Commission on September 10, 2009 and Amendment 3 was approved
by Commission on October 19, 2010, which extended t he program deadline further up to September 16,
2011.
The County has agreed to modify the Amendment 3 agr eement, Exhibit A, “Work Program Narrative ”
Sections I.C, deleting the entire Section and repla cing it with new language specifying project
accomplishments and the amount of dollars allocated to the Housing Rehab Inspector’s position; and
Section III.A, again, deleting the entire section a nd replacing it with new language updating the fund
balance available and authorizing the maximum amoun t of dollars that can be expended for services
provided by the Housing Rehab Inspector for Fiscal Year 2010/2011. The agreement amendment is
attached for your reference.
FUNDING SOURCE
Disaster Recovery Initiative 118-1960-554-49.19
RECOMMENDATION
Staff recommends approval of the Agreement amendmen t between the City and Palm Beach County for
the DRI Housing Rehabilitation Program (DRI2) as pr oposed.
MEMORANDUM
TO:Mayor and City Commissioners
FROM:Robert A. Barcinski, Assistant City Manager
THROUGH:David T. Harden, City Manager
DATE:August 29, 2011
SUBJECT:AGENDA ITEM 8.L. - REGULAR COMMISSION MEETING OF SEPTEMBER 6, 2011
ANNUAL PROJECT HOLIDAY/YOU ARE NOT ALONE ORGANZIATION
ITEM BEFORE COMMISSION
City Commission is requested to endorse the 6 th Annual Project Holiday sponsored by “You Are Not
Alone” and authorize City and staff support as requ ested.
BACKGROUND
Project Holiday is a program through which items ne eded by our service personnel overseas are donated
to the You Are Not Alone organization, who with the ir volunteers will package and send the items to
our service personnel overseas. They are partnering this year with the Church of the Palms as their no n-
profit group.
They are not asking for City funding, but are reque sting City support and assistance as follows:
Support needed from the City includes:
Assistance in preparing and getting out PSA’s on th e program
Help with promoting and organizing the program
Authorizing City facilities to be used as collectio n sites for items donated
Assist in providing volunteers to help do the packi ng of items to be sent
Assist in delivery of boxes to the post office on N ovember 22, 2011
Support to be provided by You Are Not Alone and Chu rch of the Palms includes:
Assistance in promoting the project
Pick up and transport of items collected, location to be determined
Provide supervision of packing process
Identify service persons to whom items will be sent
Identify items that are needed
Make follow up calls to volunteers
Ship items and letters
The proposed time schedule for this project is as f ollows:
Week of October 19, 2011 – Kick off program
November 18, 2011 – Deadline for receipt of letters and items needed
November 20, 2011 – Pack all items at Community Cen ter
November 22, 2011 – Deadline to ship
RECOMMENDATION
Staff recommends approval of staff support as reque sted for this project.
MEMORANDUM
TO:Mayor and City Commissioners
FROM:Terrill Pyburn, Assistant City Attorney
THROUGH:Brian Shutt, City Attorney
DATE:August 19, 2011
SUBJECT:AGENDA ITEM 8.M. - REGULAR COMMISSION MEETING OF SEPTEMBER 6, 2011
AMENDMENT NO. 1 TO THE LEASE AGREEMENT/DELRAY BEACH LIBRA RY
ASSOCIATION, INC.
ITEM BEFORE COMMISSION
Amendment No. 1 to the Lease Agreement dated Decemb er 28, 2005, between the City of Delray Beach
and the Delray Beach Library Association, Inc.
BACKGROUND
The attached Amendment No. 1 to the Lease Agreement dated December 28, 2005 between the City and
the Delray Beach Library Association, Inc. revises Section 13.10, “Assignment and Subletting” to
provide that the Library will be responsible for pa yment of property taxes on any portion which
becomes non-exempt as a result of the Library’s assigning or subleasing any portion of the proper ty for
a commercial purpose.
The Palm Beach County Property Appraiser has notifi ed us that the portion of the library which has
been leased for commercial purposes is considered t axable real property. Therefore this amendment is
needed to prevent the City from having to pay prope rty taxes out of City funds.
RECOMMENDATION
The City Attorney’s office recommends City Commissi on approval of the proposed agreement.
MEMORANDUM
TO:Mayor and City Commissioners
FROM:Terrill Pyburn, Assistant City Attorney
THROUGH:Brian Shutt, City Attorney
DATE:August 31, 2011
SUBJECT:AGENDA ITEM 8.N. - REGULAR COMMISSION MEETING OF SEPTEMBER 6, 2011
SUBLEASE AGREEMENT/DELRAY BEACH LIBRARY ASSOCIATION, INC./B UZZ
AGENCY, LLC
ITEM BEFORE COMMISSION
Sublease Agreement between the Delray Beach Library Association, Inc. and the Buzz Agency, LLC.
BACKGROUND
Pursuant to Section 13.10 of the Lease Agreement be tween the Delray Beach Library Association, Inc.
and the City of Delray Beach, the Library is requir ed to obtain the City's written consent prior to
entering into a sublease for any portion of the Lib rary Premises. The Library is proposing to subleas e
approximately 900 square feet of space to the Buzz Agency, a marketing firm, for twenty-six (26)
months with two (2) two (2) year optional renewals. (The LIbrary's Lease Agreement with the City
provides for a term of ninety-nine (99) years).
RECOMMENDATION
The City Attorney's Office recommends City Commissi on discretion.
MEMORANDUM
TO:Mayor and City Commissioners
FROM:Richard C. Hasko, P.E., Environmental Services Director
THROUGH:David T. Harden, City Manager
DATE:August 24, 2011
SUBJECT:AGENDA ITEM 8.O. - REGULAR COMMISSION MEETING OF SEPTEMBER 6, 2011
INTERLOCAL AGREEMENT/PALM BEACH COUNTY DEPARTMENT OF
ENVIRONMENTAL RESOURCES MANAGEMENT
ITEM BEFORE COMMISSION
Staff requests Commission approval of an interlocal agreement with Palm Beach County to provide for
a fair share contribution by the City for funding o f the administration of the County Department of
Environmental Resources Management (DERM) Wellfield Protection Program.
BACKGROUND
Historically, Palm Beach County has borne the expen se of administration of its wellfield protection
program as a requirement under the County's land de velopment regulations. Due to current economic
conditions, the County has reviewed this program in the context of who benefits from it and should
therefore contribute to the cost of program adminis tration. The county has decided to eliminate the
wellfield protection program as a general fund expe nse. In order to maintain an effective method for
prevention of contamination of public water supplie s on a regional basis, the County has solicited
individual utility systems for fair share contribut ions to cover the costs of maintaining the program.
The wellfield protection program provides an import ant safeguard for the City's drinking water supply
and should be maintained whether by the County or t he City. Expenses that the City would have to
incur to maintain its own program are unknown at th is time but can be expected to exceed the annual
cost sharing amounts under discussion. In addition , with municipal utilities limited to the monitorin g of
land uses within their own jurisdiction, we would n ot have the ability to address potential contaminat ion
sources outside our jurisdiction but potentially af fecting our ground water resources. This is a prim ary
benefit of a regional approach to this activity.
In addition to the obvious benefit of a program tha t prevents contamination of public water supplies, we
have an obligation to provide such protection under policy B-3.1 of the Public Facilities Element of the
City's Comprehensive Plan which states: "Protection of existing wellfields shall be accommodated
through the implementation of .... enhanced quality control programs which provide early detection of
possible contamination".
The initial County proposal for cost sharing was ba sed on numbers of wells in each utility system
applied to the program budget to arrive at a fair s hare cost per utility. There was also a provision for an
annual cost escalation not to exceed 10% (Refer to attached DERM Correspondence). After much
discussion and numerous meetings, the most equitabl e basis for share calculation was determined to
be based on permitted withdrawal rates as reference d in each utility's consumptive use permit (CUP)
(refer to Agreement EXHIBIT "A"). The annual cost escalation has been capped at the annual
consumer price index (CPI). The City's initial ann ual contribution to maintenance of the program is s et
at $37,137.
It should be noted that not all systems have opted to participate in the cost sharing proposal. Syste ms
that do not contribute to program costs will no lon ger enjoy the protections provided by the program
and will have to handle drinking water supply prote ction themselves. Fair share contributions will no t
be affected by the numbers of systems participating since those systems opting out will effectively
reduce the level of effort and associated cost of p rogram administration.
FUNDING SOURCE
Funding for this cost is included in the current wa ter and sewer operating budget for FY 2011/2012.
RECOMMENDATION
Staff recommends approval of the interlocal agreeme nt with Palm Beach County for cost sharing
of expenses required to maintain the Wellfield Protection Program for the C ity's drinking water supply
wells.
Page 1
INTERLOCAL AGR EEMENT BETWEEN
PALM BEACH COUNTY
AND THE
CITY OF DELRAY BEACH
THIS INTERLOCAL AGREEMENT , which is made and entered into on the
___________day of __________, 2011, by and between PALM BEACH COUNTY,
(“COUNTY”) a political subdi vision of the State of Florida, and the CITY OF DELRAY
BEACH, a municipal corporati on in the State of Florida, (“CITY”) each one constituting
a public agency as defined in Part I of Chapter 163, Florida Statutes and both being
hereinafter referred to collectively as the “parties.”
WITNESSETH:
WHEREAS, Chapter 163.01, Florida Statutes, know n as the “Florida Interlocal
Cooperation Act of 1969” authorizes local governm ents to make the most efficient use of
their powers by enabling them to cooperate with ot her localities on a basis of mutual
advantage and thereby to provide services and facilities that will harmonize geographic,
economic, population and other factors influencing the needs and development of local
communities; and
WHEREAS , Part I of Chapter, 163 Florida Statutes, permits public agencies as
defined therein to enter into interlocal agreem ents with each other to jointly exercise any
power, privilege, or authority that such ag encies share in common and that each might
exercise separately; and
WHEREAS, pursuant to Section 3.3, Charter of Palm Beach County, the Board
of County Commissioners is empowered to enact countywide ordinances to protect
present and future wells and wellfields; and
WHEREAS, the COUNTY operates a Wellfie ld Protection Program (the
“Program”) as authorized by Palm Beach County, Unified Land Development Code
(ULDC), Article 14.B, Wellf ield Protection; and
WHEREAS, the CITY and its utility customers benefit from the COUNTY’S
ability to operate the Program across jurisdictional boundaries in order to protect the raw
water supply from potential contamination; and
WHEREAS, the COUNTY’s operation of the Program prevents the CITY from
having to operate a comparable program in order to meet Comprehensive Plan
requirements and/or water allocation/consumptive use requirements; and
WHEREAS, the parties wish to enter into this Agreement to set forth the CITY’s
desire to cost share with the COUNTY in or der to ensure the con tinued operation of the
Program.
Page 2
NOW, THEREFORE, in consideration of the mutual covenants, promises, and
representations herein contained, and for other good and valuable consideration, the
receipt and sufficiency of wh ich the parties expressly ack nowledge, the parties hereto
agree as follows:
1. The foregoing Recitals are true and correct and are hereby incorporated
herein by reference as if fully set forth herein.
2. Purpose of the Agreement. The purpose of this Agreement is to set forth
the terms, conditions, and obligations of each of the respective parties
hereto to cost share in the COUNTY’s implementation of the Program in
accordance the Palm Beach County’s ULDC Article 14.B, Wellfield
Protection, as amended from time to time.
3. The Term. The term of this Agreement shall commence upon execution
by both parties and shall expire five (5 ) years from the date of execution,
unless earlier terminated as provided herein.
4. Obligations of the COUNTY.
a. The COUNTY agrees to maintain and manage staff to implement
the Program in accordance with the Palm Beach County Unified
Land Development Code, Article 14.B, as amended from time to
time.
b. The County agrees to provide modeling for all wells for location
and pump rates to create Wellfield Zones of Influence 1, 2, and 3,
establish the regional 1 foot drawdown c ontours (Zone 4), and
create map representations of all zones.
c. The COUNTY agrees to provide permitting and conduct
compliance inspections of fac ilities subject to Article 14.B.
d. The COUNTY agrees to mainta in the Groundwater and Natural
Resources Protection Board for code enforcement of the Wellfield
Protection Program.
e. The COUNTY agrees to conduct comp laint and spill investigations
within wellfield zones and to maintain a web site and brochure.
f. The COUNTY agrees to waive all wellfield permit application,
annual renewal and modification fees otherwise applicable to the
CITY.
g. By June 1 of each calendar y ear, the COUNTY will notify the
CITY in writing of the CITY’s Co st Sharing Responsibility for the
upcoming fiscal year running from October 1 to September 30.
5. Obligations of the CITY. By November 30 th of each fiscal year (i.e.
October 1 – September 30), the CITY shall pay the COUNTY the full
amount of the CITY’s Cost Sharing Res ponsibility for that fiscal year, as
computed in paragraph 6.
Page 3
6. Calculation of Cost Sharing Responsibility.
a. The CITY’s Cost Share Respons ibility for the 2011/2012 fiscal
year is $37,137.
b. The CITY’s Cost Share Responsibility is based on a July 2011
review of the consumptive use permits for each utility in the
county, including the CITY, a summary of which is attached hereto
as Exhibit “A”. During the term of this Agreement, modifications
to the CITY’s or another utility’s consumptive use permit will not
affect CITY’s Cost Share Responsibility.
c. The County will adjust the CITY’s Cost Sharing Responsibility
annually to reflect any increase in the actual cost to implement the
Program. However, any such increas e shall not be greater than the
annual adjustment of the Consumer Price Index (CPI-U All Urban
Consumers).
7. Independent Contractor. The partie s shall be considered independent
contractors. No person employed by any party to this Agreement shall, in
connection with the performance of th is Agreement or any services or
functions contemplated hereunder, at any time, be considered the
employee of the other party, nor shall an employee claim any right in or
entitlement to any pension, worker’s compensation benefit, unemployment
compensation, civil service, or other employee rights or privileges granted
by operation of law, except through and against the entity by whom they
are employed.
8. Party Representatives. The COUNTY’s representative during the term of
this Agreement shall be Director of the Department of Environmental
Resources Management, whose tele phone is (561) 233-2400. The CITY’s
representative during the term of this Agreement shall be Director of the
Environmental Services Department whose telephone number is (561)
(561)-243-7336.
9. Notices. All notices required or permitted to be given or delivered by or
to any party hereunder, shall be in wr iting and shall be hand delivered by
messenger, courier service or prepai d overnight delivery service, by
electronic transmission producing a wr itten confirmation of delivery, or
alternatively shall be sent by United States Certified Mail, with Return
Receipt Requested. The effective date of any notice shall be the date of
delivery of the Notice if by personal delivery, courier services or prepaid
overnight delivery service; if ma iled, upon the date which the return
receipt is signed, delivery is refused or the notice is designated by the
Page 4
postal authorities as non-deliverabl e, as the case may be; or if by
electronic transmission, upon the date of the written delivery confirmation
unless such date is a weekend, legal ho liday or transmissi on occurs after
5:00 pm, in which case the effective da te shall be the next business day.
The parties hereby designate the follo wing addresses as the address to
which notices may be delivered, a nd delivery to such address shall
constitute binding notice given to such party:
Board of County Commi ssioners City Manager
of Palm Beach County City of Delray Beach
County Administrator 100 NW 1 st Avenue
Governmental Center Delray Beach, FL 33444
301 N. Olive Avenue
West Palm Beach, FL 33401
F a x : F a x :
and with a copy to:
Palm Beach County Department of City Attorney
Environmental Resources Manage ment City of Delray Beach
Director 200 NW 1 st Avenue
2300 N. Jog Road, 4 th Floor Delray Beach, FL 33444
West Palm Beach, FL 33411-2743
F a x : F a x :
with a copy to:
Palm Beach County Attorney’s Office
Attention: Attorney for ERM
301 North Olive Avenue, Sixth Floor
West Palm Beach, FL 33401
Fax:
10. Indemnification. Each party shall be liable for its own actions and
negligence and, to the extent pe rmitted by law, the COUNTY shall
indemnify, defend and hold harmless the CITY against any actions, claims
or damages arising out of the COUN TY’S negligence in connection with
this Agreement, and the CITY shall indemnify, defend and hold harmless
the COUNTY against any actions, claims , or damages arising out of the
CITY’s negligence in connection with this Agreement. The foregoing
indemnification shall not constitute a waiver of sovereign immunity
beyond the limits set forth in Secti on 768.28, Florida Statutes, nor shall
the same be construed to constitute agreement by either party to indemnify
the other party for such other party’s negligent, willful or intentional acts
or omissions.
Page 5
11. Severability. In the event that any section, paragraph, sentence, clause, or
provision hereof is held by a court of competent jurisdiction to be invalid,
such shall not affect the remaining portions of this Agreement and the
same shall remain in full force and effect.
12. Waiver of Breach. It is hereby agreed to by the parties that no waiver of a
breach of any of the covenants or pr ovisions of this Agreement shall be
construed to be a waiver of any succeeding breach of the same or any
other covenant.
13. Default, Termination, Opportunity to Cure.
a. In the event that the CITY breaches this Agreement, the
COUNTY shall provide the CITY with written notice specifying
the nature of the breach (“Defaul t Notice”). Following receipt of
the Default Notice, the CITY shall cure such breach within thirty
(30) days. If the CITY fails to cu re the breach with in said period,
the COUNTY may terminate this Agreement upon written notice
of termination to the CITY, which will be effective immediately.
In such event, the COUNTY shall not refund the CITY any portion
of the funds provided to th e COUNTY for the CITY’s Cost
Sharing Responsibility for that fiscal year.
b. In the event that the COUNTY brea ches this Agreement, the CITY
shall provide the COUNTY with written notice specifying the
nature of the breach (“Default Notice”). Following receipt of the
Default Notice, the COUNTY shall cure such breach within one
hundred and twenty (120) days. If the COUNTY fails to cure the
breach within said period, the CITY may terminate this Agreement
upon written notice of termination to the COUNTY, which will be
effective immediately. In such event, the COUNTY shall refund
the CITY a prorata share of the funds provided to the COUNTY
for the CITY’s Cost Sharing Respon sibility for that fiscal year.
c. Either party may terminate this Agreement for convenience for the
upcoming fiscal year (i.e. Octobe r 1) by giving written notice of
termination to the other party on or before July 1 of the current
fiscal year. If the CITY seeks to terminate this Agreement for
convenience for the upcoming fiscal year after July 1, such
termination shall not be effectiv e until the following fiscal year,
and the COUNTY shall not refund the CITY any of the funds
provided to the COUNTY for the CITY’s Cost Sharing
Responsibility for that fiscal year. If the COUNTY terminates this
Agreement for convenience after th e commencement of the fiscal
year, it shall refund the CITY a pr orata share of the funds provided
to the COUNTY for the CITY’s Cost Sharing Responsibility for
that fiscal year.
Page 6
d. Upon termination of this Agreem ent, the COUNTY shall no longer
be required to implement the Wellfield Protection Program
described herein within the wellfie ld protection area located within
CITY boundaries and/ or associated with the existence of the CITY
utility wells and the CITY shall be solely responsible to protect its
well from potential contamination.
14. Enforcement Costs. Except as otherw ise provided herein, any costs or
expenses (including reasonable atto rney’s fees) associated with the
enforcement of the terms and/or conditions of this Agreement shall be
borne by the respective parties. This provision pertains only to the parties
to the Agreement.
15. Remedies. This Agreement shall be construed by and governed by the
laws of the State of Florida. Any and all legal action necessary to enforce
the Agreement will be held in Palm Beach County. No remedy herein
conferred upon any party is intended to be exclusive of any other remedy,
and each and every such remedy shall be cumulative and shall be in
addition to every other remedy give n hereunder or now or hereafter
existing at law or in equity or by statut e or otherwise. No single or partial
exercise by any party of any ri ght, power, or remedy hereunder shall
preclude any other or further exercise thereof.
16. Amendment. None of the provisions , terms, or obligations in this
Agreement may be added to, modifie d, superseded, or otherwise altered,
except by written instrument executed by the parties hereto.
17. Public Records. The parties shall co mply with Florida’s Public Records
Law with regard to any documents or other records relating to this
Agreement.
18. Discrimination. The parties agree th at no person shall on the grounds of
race, color, sex, national origin, disab ility, religion, ancestr y, marital status
or sexual orientation or ge nder identity or expression be excluded from the
benefits of or be subjected to any form of discrimination under any
activity carried out by the perf ormance of this Agreement.
19. Delegation. Nothing contained herein shall be deemed to authorize the
delegation of the constitu tional or statutory dutie s of state, county, or
municipal officers.
20. Beneficiaries of Agreement. It is the intent and understanding of the
parties that this Agreement is solely for the benefit of the parties. No
person or entity other than the parties shall have any rights or privileges
under this Agreement in any capacity whatsoever, either as third-party
beneficiary or otherwise.
Page 7
21. Construction of Agreement.
a. The titles, captions and paragrap h headings are inserted for
convenience only and are in no way intended to interpret, define,
limit or expand the scope or content of this Agreement or any
provision hereto.
b. This Agreement shall be construed without regard to any
presumption or other rule requiri ng construction against the party
causing this Agreement to be drafted.
c. In the event any provision of this Agreement conflicts, or appears
to conflict with any other prov ision of this Agreement, the
Agreement, including all exhibits , attachments and all documents
specifically incorporated by refere nce, shall be interpreted as a
whole to resolve any such conflict or inconsistency.
22. Entirety of Agreement. The COUNTY and the CITY concur that this
Agreement, together with any exhibits attached hereto, sets forth the entire
Agreement between the pa rties, and that there are no promises or
understandings other than those stated herein.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed through their duly author ized signatories on the day and year last written below.
ATTEST: PALM BEACH COUNTY, FLORIDA, BY
SHARON R. BOCK, ITS BOARD OF COUNTY COMMISSIONERS
CLERK & COMPTROLLER
By: _______________________ By: _____________________________
Deputy Clerk Karen Marcus, Chair
(SEAL)
Page 8
ATTEST: CITY OF DELRAY BEACH
By: _______________________ By: ______________________________
City Clerk Nelson S. “Woodie” McDuffie, Mayor
(SEAL)
APPROVED AS TO FORM AND LEGAL SUFFICIENCY:
By: _______________________ By: _____________________________
Assistant County Attorn ey City Attorney
APPROVED AS TO TERMS AND CONDITIONS:
By: _______________________
Richard E. Walesky, Director
Environmental Resources Management
EXHIBIT "A"
MEMORANDUM
TO:Mayor and City Commissioners
FROM:Rafael Ballestero, Deputy Director of Construc tion
Richard C. Hasko, P.E., Environmental Services Dire ctor
THROUGH:David T. Harden, City Manager
DATE:August 24, 2011
SUBJECT:AGENDA ITEM 8.P. - REGULAR COMMISSION MEETING OF SEPTEMBER 6, 2011
CONTRACT ADDITION (C.O. NO. 2)/BRANG CONSTRUCTION, INC.
ITEM BEFORE COMMISSION
This item is before the Commission to approve a Con tract Addition (CO #2) in the net amount of
$2,880.20 for the cost of two (2) additional decora tive columns, to Brang Construction, Inc.; and
approval for the majority of the cost to be paid ou t of the Contract's Unforeseen Conditions Allowance ;
for the MLK Dr. Beautification Project #2004-056.
BACKGROUND
On August 17, 2010, Commission approved a Contract Award to Brang Construction, Inc. in the
amount of $844,890.00 for construction of the MLK D r. Beautification Project; Phase 1. The
beautification improvements along the MLK Dr. corri dor stretch from NW 12th Ave. to NE 1st Ave.
Improvements include, but are not limited to, lands caping, low voltage landscape lighting, new
sidewalks, decorative crosswalks, pocket parks, and new street lighting.
On November 2, 2010, Commission approved a Contract Addition (CO #1) in the amount of
$653,303.08 to Brang Construction for adding the in stallation of a reclaimed water transmission and
distribution system along the MLK Dr. Beautificatio n Project; to provide irrigation to the project's
newly constructed landscaping elements.
Contract Addition (CO #2) is for two (2) additional decorative columns to be installed on MLK Drive
at Pompey Park. Two (2) columns have already been constructed by the contractor, per plan location.
In reviewing the location of the two constructed co lumns, it became evident that they would be more
appropriately located on MLK Drive at the entrance to the parking area west of the Pompey Park
Community Center. Since the installed columns cann ot be cost effectively relocated, the best
alternative is to provide two (2) new columns at th e desired location.
The total expense for the scope of Contract Additio n (CO #2) is $8,900.00. However, a majority,
$6,019.80, of the cost associated with this change order will be paid from the Contract's Unforeseen
Conditions Allowance; which has an available balanc e of $6,019.80. The additional expense amount of
$2,880.20 will be added to the contract. Attached is a copy of the Construction Project Detailed
Allowances Spreadsheet for this project. The contr actor is requesting an additional thirty (30) days to
complete the additional scope; due to the long lead time for the plaques on the columns.
FUNDING SOURCE
Total funding amount required: $8,900.00; to be fu nded as follows:
$6,019.80 - Contract's Unforeseen Conditions Al lowance
$2,880.20 - 334-4141-572-68.57 (General Construction Fun d/
Other Improvement/Cultural L oop/MLK Dr. PH 1).
$8,900.00 Total Cost
RECOMMENDATION
Staff recommends approval of a Contract Addition (C O #2) in the net amount of $2,880.20 for the cost
for two (2) additional decorative columns, to Brang Construction, Inc.; and approval for the majority of
the cost to be paid out of the Contract's Unforesee n Conditions Allowance; for the MLK Dr.
Beautification Project.
MEMORANDUM
TO:Mayor and City Commissioners
FROM:Rafael Ballestero, Deputy Director of Construc tion
Richard C. Hasko, P.E., Environmental Services Dire ctor
THROUGH:David T. Harden, City Manager
DATE:August 17, 2011
SUBJECT:AGENDA ITEM 8.Q. - REGULAR COMMISSION MEETING OF SEPTEMBER 6, 2011
ADDITIONAL SCOPE/FOSTER MARINE CONTRACTORS, INC.
ITEM BEFORE COMMISSION
This item is before the Commission to approve addit ional scope consisting of the relocation of ten (10 )
sewer cleanouts, to Foster Marine Contractors, Inc.; and approval for the amount of $6,038.50 to be
paid out of the Contract's Unforeseen Conditions Al lowance; for the SW 12th Av/Auburn/SW 14th Av
Project #2010-098.
BACKGROUND
The requested scope addition involves the relocati on of ten (10) existing sewer cleanouts that are in
conflict with site improvement construction. The e xisting cleanouts are located in a green area where a
new sidewalk is proposed.
The additional work will cost $6,038.50 and will be paid from the Contract's Unforeseen Conditions
Allowance. Prior expenditures from this general al lowance total $10,452.28, and were approved by the
City Manager in accordaace with city purchasing pro cedures. This request results in the cumulative
amount of expenditures from the allowance exceeding $15,000 which requires Commission approval.
Attached is a copy of the Construction Project Deta iled Allowances Spreadsheet.
The attached Exhibit “A” details all costs associat ed with this work.
FUNDING SOURCE
Cost to be funded out of Contract's Unforeseen Cond itions Allowance.
RECOMMENDATION
Staff recommends authorizing additional work for th e relocation of ten (10) sewer cleanouts, to Foster
Marine Contractors; and approval for the amount of $6,038.50 to be paid out of the Contract's
Unforeseen Conditions Allowance; for the SW 12th Av /Auburn/SW 14th Av Project.
MEMORANDUM
TO:Mayor and City Commissioners
FROM:Lisa M. Herrmann, Budget Officer
David Boyd, Finance Director
THROUGH:David T. Harden, City Manager
DATE:August 30, 2011
SUBJECT:AGENDA ITEM 8.R. - REGULAR COMMISSION MEETING OF SEPTEMBER 6, 2011
RESOLUTION NO. 33 -11 AMENDMENT TO THE FY 10/11 BUDGET
ITEM BEFORE COMMISSION
The Commission is requested to consider Resolution No. 33-11 which amends the FY 2010-11 budget.
BACKGROUND
This is a Budget Amendment for FY 2010-11. This amendment increases the total budget by $4 7,803 to
account for receiving the FY 2011 Weed and Seed gra nt and adjust for a small decrease in ARRA grant
funds.
RECOMMENDATION
Recommend approval of Resolution No. 33-11 amending the FY 2010-11 budget.
RESOLUTION NO. 33-11
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, AMENDING RESOLUTION
NO. 55-10 ADOPTED SEPTEMBER 21, 2010 AND
RESOLUTION NO. 25-11 ADOPTED JUNE 21, 2011, WHICH
MADE APPROPRIATIONS OF SUMS OF MONEY FOR ALL
NECESSARY EXPENDITURES OF THE CITY OF DELRAY
BEACH, FLORIDA, FOR THE FISCAL YEAR 2010/2011, BY
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, BE IT RESOLVED BY THE CITY COMMISS ION OF
THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Section 1 of Resolution No. 55-10 adopted by the City Commission
of the City of Delray Beach, Florida, on September 21, 2010, and Section 1 of Resolution No. 25-11
adopted by the City Commission of the City of Delra y Beach, FL on June 21, 2011 are hereby
repealed, and a new Section 1 is enacted and amended to read as follows:
That the following sums of money, attached hereto a nd marked
Exhibit “A ”, are hereby appropriated upon the terms and condit ions
herein set forth.
Section 2. That, subject to the qualifications contained in this resolution, all
appropriations made out of the General Fund are dec lared 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 commenc ing the 1 st day of October, 2010, and ending
the 30 th day of September, 2011, for which the appropriatio ns are made, are sufficient to pay all the
appropriations in full. Otherwise, said appropriat ions 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 ava ilable in the period commencing the 1 st day of
October, 2010, and ending the 30 th day of September, 2011.
Section 3. That all balances of the appropriations payable o ut of the General Fund
of the City Treasury unencumbered at the close of b usiness on the 30 th day of September, 2010,
except as otherwise provided for, are hereby declare d to be lapsed into the City Treasury and may be
used for the payment of the appropriations which ma y be made in any appropriation for the fiscal
year commencing the 1 st day of October, 2010. However, nothing in this se ction 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
RES. NO. 33-11 2
used in financing the proposed expenditures of thes e Funds for the fiscal year commencing the 1 st
day of October, 2010.
Section 4. That no department, bureau, agency or individual receiving
appropriations under the provisions of this resolut ion shall exceed the amount of its appropriation,
except with the consent and approval of the City Co mmission first obtained. If such department,
bureau, agency or individual shall exceed the amoun t of its appropriation without such consent and
approval of the City Commission, the administrative officer or individual, in the discretion of the
City Commission, may be deemed guilty of neglect of official duty and may be subject to removal
therefor.
Section 5. That nothing in this resolution shall be construe d as authorizing any
reduction to be made in the amounts appropriated in this resolution for the payment of interest on,
or retirement of, the debt of the City of Delray Beach, Florid a.
Section 6. That none of the monies enumerated in this resolution in con nection 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 whic h they are appropriated, and it shall be the duty
of the Budget Officer and/or Finance Director to re port known violations of this section to the City
Manager.
Section 7. That all monies collected by any department, bure au, agency or individual
of the City government shall be paid promptly into the City Tr easury.
Section 8. That the foregoing budget is hereby adopted as th e official budget of the
City of Delray Beach, Florida, for the aforesaid per iod. However, the restrictions with respect to the
expenditures/expenses of the funds appropriated sha ll 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 up on passage.
PASSED AND ADOPTED in regular session on this the 6th day of September,
2011.
_________________________________
M A Y O R
ATTEST:
__________________________________
City Clerk
General Fund DOWNTOWNSPECIA L
AmendedDEVELOPMENTENTERPRISEREVENUE
FY 10/11FUNDFUNDSFUNDSTOTAL
CASH BALANCES BROUGHT FORWARD 3,304,222 5,717,758227,3799,249,359
ESTIMATED REVENUES :
TAXES Millages
AD VALOREM TAXES 7.1900 43,163,01000043,163,010
AD VALOREM TAXES 0.6002 3,576,8200003,576,820
AD VALOREM-DELINQUENT400,000000400,000
AD VALOREM - DDA 1.0000 0439,81500439,815
Sales & Use Taxes1,310,0000001,310,000
Utility Taxes4,850,0000004,850,000
Other Taxes4,395,0000004,395,000
Franchise, Licenses & Permits7,807,320050007,807,820
Intergovernmental6,195,3490289,5504,699,03011,183,929
Charges for Services9,422,240043,046,310052,468,550
Fines & Forfeitures940,5000093,7501,034,250
Miscellaneous Revenues5,868,28738,000219,680500,0216,625 ,988
Other Financing Sources3,722,130097,0001,288,1405,107,27 0
TOTAL REVENUES AND OTHER
FINANCING SOURCES 91,650,656477,81543,653,0406,580,941142,362,452
TOTAL ESTIMATED REVENUES
AND BALANCES 94,954,878477,81549,370,7986,808,320151,611,811
EXPENDITURES/EXPENSES :
General Government Services8,946,68100373,6039,320,284
Public Safety52,427,10900697,61853,124,727
Physical Environment544,170031,297,914031,842,084
Transportation3,033,50000373,7503,407,250
Economic Environment6,513,850475,23203,489,24510,478,327
Human Services59,75000059,750
Culture & Recreation14,112,25003,413,8231,052,25118,578 ,324
Debt Service5,048,52006,850,580011,899,100
Other Financing Uses4,264,32806,953,580011,217,908
TOTAL EXPENDITURES/EXPENSES 94,950,158475,23248,515,8975,986,467149,927,754
Reserves 4,7202,583854,901821,8531,684,057
TOTAL EXPENDITURES AND RESERVES 94,954,878477,81549,370,7986,808,320151,611,811
Exhibit A
Budget Summary
Budget Amendment
Fiscal Year 2010-2011
General Fund
The General Fund will increase by $50,000 to budget the Palm Beach County Weed and Seed Grant which wa s sub-
awarded to the City of Delray Beach from the Palm B each County Criminal Justice Commission. This grant was
approved by the City Commission on June 7, 2011.
Other Funds
ARRA Economic Stimulus Fund
This fund will decrease $2,197 overall to reverse e ncumbrances due to invoices accrued on September 30 , 2010 and
to adjust budgeted grant revenue to actual grant re venue.
MEMORANDUM
TO:Mayor and City Commissioners
FROM:Frank Babin, Risk Manager
THROUGH:David T. Harden, City Manager
DATE:September 2, 2011
SUBJECT:AGENDA ITEM 8.S. - REGULAR COMMISSION MEETING OF SEPTEMBER 6, 2011
EXTENSION OF THE INSURANCE AGENT/BROKER SERVICE AGREEMENT/THE
PLASTRIDGE AGENCY, INC.
ITEM BEFORE COMMISSION
Our current Insurance Agent/Broker Services agreeme nt with The Plastidge Agency (Plastridge) expires
10/1/11, but under the terms of the agreement it ca n be renewed each year for three (3) additional yea rs
at the City's sole discretion. Commission is being requested to renew the agreement for an additional
year.
BACKGROUND
For 10/1/2008, the City went to an RFP process for an insurance agent/broker. The City Commission
approved Plastridge for an initial 3-year period (1 0/1/08-9/30/11) with three one year renewals at the
City's sole discretion.
Plastridge has met commission and premium requireme nts of the agreement. Following are the total
annual commissions for a full three-year agreement period (only a partial policy year w as realized
for 10/1/2008-09 because of internal cost considera tions): 2011-12 @ $103,160; 2010-11 @ $100,100;
2009-10 @ $98,000. The "cap" given under the agree ment was $125,000 per policy year.
Plastridge exclusively uses The Florida League of C ities/Florida Municipal Insurance Trust (FMIT) for
the City's major property, liability and workers' c ompensation insurance programs. Their
premiums have been competitive and also include a "return of premium".
The 2009-10 FMIT premium of $1,606,426 was off-set by a return premium of $167,736. The 2010-11
FMIT premium of $1,459,030 is off-set by an estimated return premium of $259,996 (to be received).
The FMIT premium for 2011-12 is $1,494,939. The ret urn premium amount is as yet unknown.
RECOMMENDATION
Staff recommends that the City Commission extend th e existing agreement with The Plastridge
Agency for an additional one year period beginning 10/1/11.
MEMORANDUM
TO:Mayor and City Commissioners
FROM:Frank Babin, Risk Manager
THROUGH:David Harden, City Manager
DATE:August 29, 2011
SUBJECT:AGENDA ITEM 8.S.1 - REGULAR COMMISSION MEETING OF SEPTEMBER 6, 2011
PROPOSED RENEWAL OF PROPERTY AND CASUALTY INSURANCE/THE PLASTRIDGE
AGENCY
ITEM BEFORE COMMISSION
The Plastridge Insurance Agency (Plastridge) has pr esented a renewal proposal for the City's major
property and casualty insurance programs, including workers' compensation, for FY 2011-12.
BACKGROUND
Staff asked Plastridge to compare (attached) the cu rrent self-insured retentions (SIR) with an
"alternative" $200,000 per occurrence SIR. This re sulted in an additional FMIT premium for general (
$6,076) and auto ($3,368) liability insurance of $9 ,444, and for workers' compensation, $304,890 ; or, a
total additional FMIT premium cost increase of $314 ,334.
It appears that on the liability coverage, there is a premium cost of $9,444 to go from a per claim SIR of
$400,000 to $200,000. If one claim is over $209,44 4 , the City would be financially ahead. Over the
past 21 years the City has experienced six liabilit y claims exceeding $200,000 . The cost to the City for
that portion of the claims between $200,000 and $40 0,000 totaled $605,737.
For workers' comp coverage, there is a premium cost of $304,890 to go from a per claim SIR of
$500,000 to $200,000. If one claim (attached) tota ls $504,890 , or if for several claims the excess cost
above $200,000 totals more than $304,890, the City would be financially ahead. Over the past 21 years
the City has experienced 10 workers' compensation c laims which exceeded $200,000 . The cost to the
City for that portion of the claims between $200,00 0 and $500,000 totaled $1,175,304.
FUNDING SOURCE
Funds are budgeted for insurance premium payments i n the following accounts in the FY 2011-12
budget: 551-1575-591-45.11 (Liability), -45.31 (Pr operty), and -45.32 (Workers' Compensation).
RECOMMENDATION
Staff recommends that the FMIT proposal for the maj or City property and casualty insurance programs,
including worker's compensation, be accepted by the Commission as presented by the Plastridge
Insurance Agency. Staff also recommends that the p roposal to reduce the liability insurance SIR to
$200,000 by paying an additional $9,444 in premium be accepted.
Staff does not recommend acceptance of the proposal to reduce the workers' compensation SIR to
$200,000 by paying an additional $304,890 in premiu m.
MEMORANDUM
TO:Mayor and City Commissioners
FROM:Frank Babin, Risk Manager
THROUGH:David Harden, City Manager
DATE:August 29, 2011
SUBJECT:AGENDA ITEM 8.T. - REGULAR COMMISSION MEETING OF SEPTEMBER 6, 2011
EXTENSION OF CONSULTING AGREEMENT/GALLAGHER BENEFIT SERVICES, INC.
ITEM BEFORE COMMISSION
Our current third party claims adminstration agreem ent with Gallagher Bassett Services (GBS) expires
10/1/11, but under the terms of the agreement it ca n be renewed each year for three (3) additional yea rs
at the City's sole discretion.
BACKGROUND
For 10/1/2008, the City went to an RFP process for a third party claims administrator. The City
Commission approved GBS for an initial award of a 3 -year period (10/1/08 - 9/30/11) and then 3, one
year renewals at the City's sole discretion.
GBS has agreed to honor the same agreement that was approved by the City Commision for 10/1/08.
The "rates per claim" are by agreement allowed to i ncrease each period by 5%. However, only the
2009-10 were increased by 5%; the others have been incre ased only by 4%. Even so, the total fees paid
to GBS have actually gone down each year because th e total number of claims has been decreasing. The
following total fees have been apid to GBS: 2011-1 2 @ $114,654; 2010-11 @ $123,339; 2009-10 @
$135,000; 2008-09 @ $136,725. Risk Management and the City Attorn ey's Office are satisfied with the
services and the agreement.
REVIEW BY OTHERS
Brian Shutt, City Attorney
David Boyd, Finance Director
FUNDING SOURCE
GBS is funded directly through 551-1575-591-45.20 (Claims Handling Costs).
RECOMMENDATION
Staff recommends that the City Commission extend pe r City agreement authorized by the City
Commission for the period 10/1/08-9/30/11 Gallagher Bassett Services for an additiona l one year period
beginning 10/1/11.
MEMORANDUM
TO:Mayor and City Commissioners
FROM:Danielle Connor, Acting Fire-Rescue Chief
THROUGH:David T. Harden, City Manager
DATE:August 25, 2011
SUBJECT:AGENDA ITEM 8.U. - REGULAR COMMISSION MEETING OF SEPTEMBER 6, 2011
STATE HOMELAND SECURITY GRANT AGREEMENT
ITEM BEFORE COMMISSION
This item is before the Commission for approval to execute an Agreement to accept the 2010 Domestic
Preparedness Grant (#11-DS-9Z-13-00-16-436) for the amount of $53,716.00 from the Homeland
Security Grant Program.
BACKGROUND
The Fire-Rescue Department has been awarded a Homeland Secur ity Domestic Preparedness Grant in
the amount of $53,716.00 to sustain equipment and t raining for hazardous materials incidents and
incidents involving weapons of mass destruction (WM D).
Delray Beach Fire-Rescue Department has been a state funded Hazardous Materials Team for over 8
years. The team is funded through the State Homelan d Security Grant Sub-Recipient Funding
Agreement. The Grant provides for sustaining and re pairing of state funded equipment for responses to
hazardous materials and WMD incidents. Additionally , the Grant provides for training of our personnel
in hazardous materials and domestic preparedness co urses.
RECOMMENDATION
Staff recommends approval.
MEMORANDUM
TO:Mayor and City Commissioners
FROM:Catherine M. Kozol, Esq., Police Legal Advisor /Asst. City Attorney
THROUGH:Delay Beach Police Department.
DATE:August 23, 2011
SUBJECT:AGENDA ITEM 8.V. - REGULAR COMMISSION MEETING OF SEPTEMBER 6, 2011
MEMORANDUM OF UNDERSTANDING/DEPARTMENT OF HIGHWAY SAFETY
ITEM BEFORE COMMISSION
This is an updated Memorandum of Understanding betw een The Department of Highway Safety and
The City of Delray Beach Police Department.
BACKGROUND
This Memorandum of Understanding gives the Delray B each Police Department access to D.A.V.I.D.
(Driver and Vehicle Information Database). This da tabase allows searches of driver license records
and vehicles to aid law enforcement in investigatio ns.
RECOMMENDATION
The Delray Beach Police Department recommends appro val.
MEMORANDUM
TO:Mayor and City Commissioners
FROM:Danielle Connor, Acting Fire-Rescue Chief
THROUGH:David T. Harden, City Manager
DATE:August 30, 2011
SUBJECT:AGENDA ITEM 8.W. - REGULAR COMMISSION MEETING OF SEPTEMBER 6, 2011
2011 ASSISTANCE TO FIREFIGHTERS GRANT (AFG)
ITEM BEFORE COMMISSION
This item is before the Commission for authorizatio n to submit an Assistance to Firefighters Grant
application.
BACKGROUND
The AFG Grant was created to provide funding direct ly to fire departments and volunteer firefighter
interest organizations in order to help them fund p rojects in their respective departments to include
firefighting equipment, Emergency Medical Equipment , Diesel Exhaust Removal Systems and Personal
Protective Equipment to include Self Contained Brea thing Apparatus (SCBA) and Bunker gear.
The goal of this AFG application is to secure fundi ng to comply with safety and operational standards
established by NFPA and OSHA. DBFR is seeking to fu nd two separate projects that will enhance
Firefighter Safety and increase the overall operati onal effectiveness of our fire department.
Project #1 : SCBA Replacement
Delray Beach Fire Rescue (DBFR) is seeking to obtai n Federal Emergency Management Agency
(FEMA) funds under the Fire Operations and Firefigh ters Safety Program (Personal Protective
Equipment (PPE) Category) utilizing the Assistance to Firefighters Grant (AFG), which would be used
to purchase 118 new self-contained breathing apparatus (SCBA) to upgrade our entire inventory of
obsolete SCBA’s. Currently our entire SCBA inventor y is non-compliant with the NIOSH/NFPA
CBRN (Chemical, Biological, Radiological, & Nuclear ) level of protection. Over half of our SCBA
inventory is dated over 20 years old, and as a whol e, our entire inventory is substandard to 2002 NFPA
1981 and OSHA standards. The emphasis of this proje ct is Firefighter Health, Safety and Survival. The
new SCBA’s will be part of a project aimed at lowering the r isk of inhalation hazards to fire department
personnel, increasing firefighter safety, and incre asing the efficiency of Rapid Intervention Crews
(RIC’s), Special Operations requiring SCBA use, and Hazardous Materials and Bio-Terrorism
responses. If awarded the grant we will be able to replace our entire inventory of SCBA equipment that
was manufactured prior to the 2002 edition of NFPA 1981. This overhaul and upgrade in equipment
will put DBFR in compliance with NFPA 1981 2007 and NIOSH.
Project 2 : Diesel Exhaust Removal System
Delray Beach Fire Rescue (DBFR) is seeking to obtai n Federal Emergency Management Agency
(FEMA) funds under the Fire Operations and Firefigh ters Safety Program utilizing the Assistance to
Firefighters Grant (AFG), which would be used for m odification to our fire stations under “e”, titled
“Modifications to Fire Stations and Facilities”. Diesel exhaust has been classified as a carcinogen by the
National Institute of Occupational Safety and healt h (NIOSH) and presents a serious health threat to o ur
firefighters that live in our fire stations 24/7/36 5 and to the citizens of our community that visit o ur
facilities. The proposed ventilation system has bee n independently verified to be capable of capturing
virtually 100% of the vehicle exhaust emissions at the point of generation by making an airtight seal to
the tailpipes of emergency vehicles. This system fu lfills the current NFPA 1500 Section A9.1.6
requirement that the need for elimination and conta inment of all vehicle exhaust emissions be at a lev el
of not less than 100% effective capture. Our five f ire stations where we plan to install the system ar e
over 15 years old and were designed to have the sle eping quarters, dayroom and pole wells located off
the apparatus floor for quick access to our vehicle s. Our project entails installing a direct source c apture
exhaust extraction system, which would be attached to each one of our fire apparatus in our fire stations
reducing the amount of toxic gases that enter these living spaces every day.
FUNDING SOURCE
Funding Breakdown
Federal Match 80% Local Match 20% Project Total
Project #1: SCBA $430,511 $107,627 $538,139
Project #2: Diesel
Exhaust Removal
System $195,678 $48,919 $244,598
Total $782,737
Total Local Share $156,546
Total Federal
Share $626,189
RECOMMENDATION
By motion, approve the submittal of the Assistance to Firefighter Grant application totaling $626,189.00
for two seperate projects.
MEMORANDUM
TO:Mayor and City Commissioners
FROM:Sharon L'Herrou
Anthony Strianese, Chief of Police
THROUGH:David T. Harden, City Manager
DATE:August 29, 2011
SUBJECT:AGENDA ITEM 8.X. - REGULAR COMMISSION MEETING OF SEPTEMBER 6, 2011
GRANT AWARD/RECOVERY ACT EDWARD BYRNE MEMORIAL JUSTICE A SSISTANCE
GRANT (JAG)
ITEM BEFORE COMMISSION
The Police Department requests Commission approval to accept the Edward Byrne Memorial Justice
Assistance Grant award (JAG-11) in the amount of $53,503. The application for t his grant was
previously approved by Commission on June 21, 2011. This award assists in funding police overtime
for the annual Holiday Robbery Task force.
BACKGROUND
The Holiday Robbery Task Force has been in operatio n since 1997 and runs annually from
Thanksgiving through New Year's Day to provide satu ration of patrol units in all shopping centers
within the City and for First Night. This patrol ef fort has reduced crime during the holiday season. T his
is a renewal of a grant we have received for the la st 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 require d.
RECOMMENDATION
The Police Department recommends Commission accept the grant award.
Department of Justice
Office of Justice Programs
Bureau of Justice Assistance
Washington, D.C. 20531 Office of Justice Programs
August 12, 2011
Mr. David Harden
City of Delray Beach
300 West Atlantic Avenue
Delray Beach, FL 33444-3695
Dear Mr. Harden:
On behalf of Attorney General Eric Holder, it is my pleasure to inform you that the Office of Justice Programs has approved
your application for funding under the FY 11 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Local
Solicitation in the amount of $53,503 for City of Delray Beach.
Enclosed you will find the Grant Award and Special Conditions documents. This award is subject to all administrative and
financial requirements, including the timely submission of all financial and programmatic reports, resolution of all interim
audit findings, and the maintenance of a minimum level of cash-on-hand. Should you not adhere to these requirements, you
will be in violation of the terms of this agreement and the award will be subject to termination for cause or other administrative
action as appropriate.
If you have questions regarding this award, please contact:
- Program Questions, Stefanie Harris, Program Manager at (202) 305-8069; and
- Financial Questions, the Office of the Chief Financial Officer, Customer Service Center (CSC) at
(800) 458-0786, or you may contact the CSC at ask.ocfo@usdoj.gov.
Congratulations, and we look forward to working with you.
Sincerely,
Enclosures
Denise O'Donnell
Director
Washington, D.C. 20531
Mr. David Harden
City of Delray Beach
300 West Atlantic Avenue
Delray Beach, FL 33444-3695
August 12, 2011
Congratulations on your recent award. In establishing financial assistance programs, Congress linked the receipt of Federal funding to
compliance with Federal civil rights laws. The Office for Civil Rights (OCR), Office of Justice Programs (OJP), U.S. Department of Justice
is responsible for ensuring that recipients of financial aid from OJP, its component offices and bureaus, the Office on Violence Against
Women (OVW), and the Office of Community Oriented Policing Services (COPS) comply with applicable Federal civil rights statutes and
regulations. We at OCR are available to help you and your organization meet the civil rights requirements that come with Justice
Department funding.
Ensuring Access to Federally Assisted Programs
As you know, Federal laws prohibit recipients of financial assistance from discriminating on the basis of race, color, national origin,
religion, sex, or disability in funded programs or activities, not only in respect to employment practices but also in the delivery of services or
benefits. Federal law also prohibits funded programs or activities from discriminating on the basis of age in the delivery of services or
benefits.
Providing Services to Limited English Proficiency (LEP) Individuals
In accordance with Department of Justice Guidance pertaining to Title VI of the Civil Rights Act of 1964, 42 U.S.C. § 2000d, recipients of
Federal financial assistance must take reasonable steps to provide meaningful access to their programs and activities for persons with limited
English proficiency (LEP). For more information on the civil rights responsibilities that recipients have in providing language services to
LEP individuals, please see the website at http://www.lep.gov.
Ensuring Equal Treatment for Faith-Based Organizations
The Department of Justice has published a regulation specifically pertaining to the funding of faith-based organizations. In general, the
regulation, Participation in Justice Department Programs by Religious Organizations; Providing for Equal Treatment of all Justice
Department Program Participants, and known as the Equal Treatment Regulation 28 C.F.R. part 38, requires State Administering Agencies
to treat these organizations the same as any other applicant or recipient. The regulation prohibits State Administering Agencies from making
award or grant administration decisions on the basis of an organization's religious character or affiliation, religious name, or the religious
composition of its board of directors.
The regulation also prohibits faith-based organizations from using financial assistance from the Department of Justice to fund inherently
religious activities. While faith-based organizations can engage in non-funded inherently religious activities, they must be held separately
from the Department of Justice funded program, and customers or beneficiaries cannot be compelled to participate in them. The Equal
Treatment Regulation also makes clear that organizations participating in programs funded by the Department of Justice are not permitted to
discriminate in the provision of services on the basis of a beneficiary's religion. For more information on the regulation, please see OCR's
website at http://www.ojp.usdoj.gov/ocr/etfbo.htm.
State Administering Agencies and faith-based organizations should also note that the Safe Streets Act, as amended; the Victims of Crime
Act, as amended; and the Juvenile Justice and Delinquency Prevention Act, as amended, contain prohibitions against discrimination on the
basis of religion in employment. Despite these nondiscrimination provisions, the Justice Department has concluded that the Religious
Freedom Restoration Act (RFRA) is reasonably construed, on a case-by-case basis, to require that its funding agencies permit faith-based
organizations applying for funding under the applicable program statutes both to receive DOJ funds and to continue considering religion
when hiring staff, even if the statute that authorizes the funding program generally forbids considering of religion in employment decisions
by grantees.
Questions about the regulation or the application of RFRA to the statutes that prohibit discrimination in employment may be directed to this
Office.
Dear Mr. Harden:
Department of Justice
Office of Justice Programs
Office for Civil Rights
Enforcing Civil Rights Laws
All recipients of Federal financial assistance, regardless of the particular funding source, the amount of the grant award, or the number of
employees in the workforce, are subject to the prohibitions against unlawful discrimination. Accordingly, OCR investigates recipients that
are the subject of discrimination complaints from both individuals and groups. In addition, based on regulatory criteria, OCR selects a
number of recipients each year for compliance reviews, audits that require recipients to submit data showing that they are providing services
equitably to all segments of their service population and that their employment practices meet equal employment opportunity standards.
Complying with the Safe Streets Act or Program Requirements
In addition to these general prohibitions, an organization which is a recipient of financial assistance subject to the nondiscrimination
provisions of the Omnibus Crime Control and Safe Streets Act (Safe Streets Act) of 1968, 42 U.S.C. § 3789d(c), or other Federal grant
program requirements, must meet two additional requirements:(1) complying with Federal regulations pertaining to the development of an
Equal Employment Opportunity Plan (EEOP), 28 C.F.R. § 42.301-.308, and (2) submitting to OCR Findings of Discrimination (see 28
C.F.R. §§ 42.205(5) or 31.202(5)).
1) Meeting the EEOP Requirement
In accordance with Federal regulations, Assurance No. 6 in the Standard Assurances, COPS Assurance No. 8.B, or certain Federal grant
program requirements, your organization must comply with the following EEOP reporting requirements:
If your organization has received an award for $500,000 or more and has 50 or more employees (counting both full- and part-time
employees but excluding political appointees), then it has to prepare an EEOP and submit it to OCR for review within 60 days from the
date of this letter . For assistance in developing an EEOP, please consult OCR's website at http://www.ojp.usdoj.gov/ocr/eeop.htm. You
may also request technical assistance from an EEOP specialist at OCR by dialing (202) 616-3208.
If your organization received an award between $25,000 and $500,000 and has 50 or more employees, your organization still has to prepare
an EEOP, but it does not have to submit the EEOP to OCR for review. Instead, your organization has to maintain the EEOP on file and
make it available for review on request. In addition, your organization has to complete Section B of the Certification Form and return it to
OCR. The Certification Form can be found at http://www.ojp.usdoj.gov/ocr/eeop.htm.
If your organization received an award for less than $25,000; or if your organization has less than 50 employees, regardless of the amount of
the award; or if your organization is a medical institution, educational institution, nonprofit organization or Indian tribe, then your
organization is exempt from the EEOP requirement. However, your organization must complete Section A of the Certification Form and
return it to OCR. The Certification Form can be found at http://www.ojp.usdoj.gov/ocr/eeop.htm.
2) Submitting Findings of Discrimination
In the event a Federal or State court or Federal or State administrative agency makes an adverse finding of discrimination against your
organization after a due process hearing, on the ground of race, color, religion, national origin, or sex, your organization must submit a copy
of the finding to OCR for review.
Ensuring the Compliance of Subrecipients
If your organization makes subawards to other agencies, you are responsible for assuring that subrecipients also comply with all of the
applicable Federal civil rights laws, including the requirements pertaining to developing and submitting an EEOP, reporting Findings of
Discrimination, and providing language services to LEP persons. State agencies that make subawards must have in place standard grant
assurances and review procedures to demonstrate that they are effectively monitoring the civil rights compliance of subrecipients.
If we can assist you in any way in fulfilling your civil rights responsibilities as a recipient of Federal funding, please call OCR at (202) 307-
0690 or visit our website at http://www.ojp.usdoj.gov/ocr/.
Sincerely,
cc:Grant Manager
Financial Analyst
Michael L. Alston
Director
Grant
PAGE 1OF
Department of Justice
Office of Justice Programs
Bureau of Justice Assistance
1. RECIPIENT NAME AND ADDRESS (Including Zip Code)
City of Delray Beach
300 West Atlantic Avenue
Delray Beach, FL 33444-3695
8. SUPPLEMENT NUMBER
00
9. PREVIOUS AWARD AMOUNT
10. AMOUNT OF THIS AWARD
$ 0
$ 53,503
11. TOTAL AWARD $ 53,503
1A. GRANTEE IRS/VENDOR NO.
596000315
3. PROJECT TITLE
Holiday Robbery Task Force 2011 Project
12. SPECIAL CONDITIONS
THE ABOVE GRANT PROJECT IS APPROVED SUBJECT TO SUCH CONDITIONS OR LIMITATIONS AS ARE SET FORTH
ON THE ATTACHED PAGE(S).
13. STATUTORY AUTHORITY FOR GRANT
This project is supported under FY11(BJA - JAG) 42 USC 3750, et seq.
15. METHOD OF PAYMENT
GPRS
AGENCY APPROVAL
16. TYPED NAME AND TITLE OF APPROVING OFFICIAL
GRANTEE ACCEPTANCE
Denise O'Donnell
Director
AGENCY USE ONLY
20. ACCOUNTING CLASSIFICATION CODES21.
FISCAL
YEAR
FUND
CODE
BUD.
ACT.OFC.
DIV.
REG.SUB.POMS AMOUNT
DJ B X80000053503
KDJUGT0335
18. TYPED NAME AND TITLE OF AUTHORIZED GRANTEE OFFICIAL
David Harden
City Manager
4. AWARD NUMBER:2011-DJ-BX-0031
5. PROJECT PERIOD: FROM
BUDGET PERIOD: FROM
6. AWARD DATE 7. ACTION
Initial
08/12/2011
TO
TO
10/01/2010
10/01/2010
09/30/2014
09/30/2014
OJP FORM 4000/2 (REV. 5-87) PREVIOUS EDITIONS ARE OBSOLETE.
OJP FORM 4000/2 (REV. 4-88)
19. SIGNATURE OF AUTHORIZED RECIPIENT OFFICIAL 19A. DATE 17. SIGNATURE OF APPROVING OFFICIAL
6
AWARD CONTINUATION
SHEET
Grant
PAGE 2OF
Department of Justice
Office of Justice Programs
Bureau of Justice Assistance
AWARD DATE08/12/2011 PROJECT NUMBER2011-DJ-BX-0031
SPECIAL CONDITIONS
The recipient agrees to comply with the financial and administrative requirements set forth in the current edition of the
Office of Justice Programs (OJP) Financial Guide.
The recipient acknowledges that failure to submit an acceptable Equal Employment Opportunity Plan (if recipient is
required to submit one pursuant to 28 C.F.R. Section 42.302), that is approved by the Office for Civil Rights, is a
violation of its Certified Assurances and may result in suspension or termination of funding, until such time as the
recipient is in compliance.
The recipient agrees to comply with the organizational audit requirements of OMB Circular A-133, Audits of States,
Local Governments, and Non-Profit Organizations, and further understands and agrees that funds may be withheld, or
other related requirements may be imposed, if outstanding audit issues (if any) from OMB Circular A-133 audits (and
any other audits of OJP grant funds) are not satisfactorily and promptly addressed, as further described in the current
edition of the OJP Financial Guide, Chapter 19.
Recipient understands and agrees that it cannot use any federal funds, either directly or indirectly, in support of the
enactment, repeal, modification or adoption of any law, regulation or policy, at any level of government, without the
express prior written approval of OJP.
The recipient must promptly refer to the DOJ OIG any credible evidence that a principal, employee, agent, contractor,
subgrantee, subcontractor, or other person has either 1) submitted a false claim for grant funds under the False Claims
Act; or 2) committed a criminal or civil violation of laws pertaining to fraud, conflict of interest, bribery, gratuity, or
similar misconduct involving grant funds. This condition also applies to any subrecipients. Potential fraud, waste,
abuse, or misconduct should be reported to the OIG by -
mail:
Office of the Inspector General
U.S. Department of Justice
Investigations Division
950 Pennsylvania Avenue, N.W.
Room 4706
Washington, DC 20530
e-mail: oig.hotline@usdoj.gov
hotline: (contact information in English and Spanish): (800) 869-4499
or hotline fax: (202) 616-9881
Additional information is available from the DOJ OIG website at www.usdoj.gov/oig.
Recipient understands and agrees that it cannot use any federal funds, either directly or indirectly, in support of any
contract or subaward to either the Association of Community Organizations for Reform Now (ACORN) or its
subsidiaries, without the express prior written approval of OJP.
The recipient agrees to comply with any additional requirements that may be imposed during the grant performance
period if the agency determines that the recipient is a high-risk grantee. Cf. 28 C.F.R. parts 66, 70.
1.
2.
3.
4.
5.
6.
7.
OJP FORM 4000/2 (REV. 4-88)
6
AWARD CONTINUATION
SHEET
Grant
PAGE 3OF
Department of Justice
Office of Justice Programs
Bureau of Justice Assistance
AWARD DATE08/12/2011 PROJECT NUMBER2011-DJ-BX-0031
SPECIAL CONDITIONS
Pursuant to Executive Order 13513, "Federal Leadership on Reducing Text Messaging While Driving," 74 Fed. Reg.
51225 (October 1, 2009), the Department encourages recipients and sub recipients to adopt and enforce policies
banning employees from text messaging while driving any vehicle during the course of performing work funded by this
grant, and to establish workplace safety policies and conduct education, awareness, and other outreach to decrease
crashes caused by distracted drivers.
The recipient agrees to comply with applicable requirements regarding Central Contractor Registration (CCR) and
applicable restrictions on subawards to first-tier subrecipients that do not acquire and provide a Data Universal
Numbering System (DUNS) number. The details of recipient obligations are posted on the Office of Justice Programs
web site at http://www.ojp.gov/funding/ccr.htm (Award condition: Central Contractor Registration and Universal
Identifier Requirements), and are incorporated by reference here. This special condition does not apply to an award to
an individual who received the award as a natural person (i.e., unrelated to any business or non-profit organization that
he or she may own or operate in his or her name).
The recipient agrees to comply with applicable requirements to report first-tier subawards of $25,000 or more and, in
certain circumstances, to report the names and total compensation of the five most highly compensated executives of
the recipient and first-tier subrecipients of award funds. Such data will be submitted to the FFATA Subaward
Reporting System (FSRS). The details of recipient obligations, which derive from the Federal Funding Accountability
and Transparency Act of 2006 (FFATA), are posted on the Office of Justice Programs web site at
http://www.ojp.gov/funding/ffata.htm (Award condition: Reporting Subawards and Executive Compensation), and are
incorporated by reference here. This condition, and its reporting requirement does not apply to grant awards made to
an individual who received the award as a natural person (i.e., unrelated to any business or non-profit organization that
he or she may own operate in his or her name).
8.
9.
10.
OJP FORM 4000/2 (REV. 4-88)
6
AWARD CONTINUATION
SHEET
Grant
PAGE 4OF
Department of Justice
Office of Justice Programs
Bureau of Justice Assistance
AWARD DATE08/12/2011 PROJECT NUMBER2011-DJ-BX-0031
SPECIAL CONDITIONS
The grantee agrees to assist BJA in complying with the National Environmental Policy Act (NEPA), the National
Historic Preservation Act, and other related federal environmental impact analyses requirements in the use of these
grant funds, either directly by the grantee or by a subgrantee. Accordingly, the grantee agrees to first determine if any
of the following activities will be funded by the grant, prior to obligating funds for any of these purposes. If it is
determined that any of the following activities will be funded by the grant, the grantee agrees to contact BJA.
The grantee understands that this special condition applies to its following new activities whether or not they are being
specifically funded with these grant funds. That is, as long as the activity is being conducted by the grantee, a
subgrantee, or any third party and the activity needs to be undertaken in order to use these grant funds, this special
condition must first be met. The activities covered by this special condition are:
a. New construction;
b. Minor renovation or remodeling of a property located in an environmentally or historically sensitive area, including
properties located within a 100-year flood plain, a wetland, or habitat for endangered species, or a property listed on or
eligible for listing on the National Register of Historic Places;
c. A renovation, lease, or any proposed use of a building or facility that will either (a) result in a change in its basic
prior use or (b) significantly change its size;
d. Implementation of a new program involving the use of chemicals other than chemicals that are (a) purchased as an
incidental component of a funded activity and (b) traditionally used, for example, in office, household, recreational, or
education environments; and
e. Implementation of a program relating to clandestine methamphetamine laboratory operations, including the
identification, seizure, or closure of clandestine methamphetamine laboratories.
The grantee understands and agrees that complying with NEPA may require the preparation of an Environmental
Assessment and/or an Environmental Impact Statement, as directed by BJA. The grantee further understands and
agrees to the requirements for implementation of a Mitigation Plan, as detailed at
http://www.ojp.usdoj.gov/BJA/resource/nepa.html, for programs relating to methamphetamine laboratory operations.
Application of This Special Condition to Grantee's Existing Programs or Activities: For any of the grantee's or its
subgrantees' existing programs or activities that will be funded by these grant funds, the grantee, upon specific request
from BJA, agrees to cooperate with BJA in any preparation by BJA of a national or program environmental assessment
of that funded program or activity.
To avoid duplicating existing networks or IT systems in any initiatives funded by BJA for law enforcement information
sharing systems which involve interstate connectivity between jurisdictions, such systems shall employ, to the extent
possible, existing networks as the communication backbone to achieve interstate connectivity, unless the grantee can
demonstrate to the satisfaction of BJA that this requirement would not be cost effective or would impair the
functionality of an existing or proposed IT system.
To support public safety and justice information sharing, OJP requires the grantee to use the National Information
Exchange Model (NIEM) specifications and guidelines for this particular grant. Grantee shall publish and make
available without restriction all schemas generated as a result of this grant to the component registry as specified in the
guidelines. For more information on compliance with this special condition, visit
http://www.niem.gov/implementationguide.php.
The recipient is required to establish a trust fund account. (The trust fund may or may not be an interest-bearing
account.) The fund, including any interest, may not be used to pay debts or expenses incurred by other activities beyond
the scope of the Edward Byrne Memorial Justice Assistance Grant Program (JAG). The recipient also agrees to obligate
and expend the grant funds in the trust fund (including any interest earned) during the period of the grant. Grant funds
(including any interest earned) not expended by the end of the grant period must be returned to the Bureau of Justice
Assistance no later than 90 days after the end of the grant period, along with the final submission of the Federal
Financial Report (SF-425).
11.
12.
13.
14.
OJP FORM 4000/2 (REV. 4-88)
6
AWARD CONTINUATION
SHEET
Grant
PAGE 5OF
Department of Justice
Office of Justice Programs
Bureau of Justice Assistance
AWARD DATE08/12/2011 PROJECT NUMBER2011-DJ-BX-0031
SPECIAL CONDITIONS
The recipient agrees that any information technology system funded or supported by OJP funds will comply with 28
C.F.R. Part 23, Criminal Intelligence Systems Operating Policies, if OJP determines this regulation to be applicable.
Should OJP determine 28 C.F.R. Part 23 to be applicable, OJP may, at its discretion, perform audits of the system, as
per the regulation. Should any violation of 28 C.F.R. Part 23 occur, the recipient may be fined as per 42 U.S.C.
3789g(c)-(d). Recipient may not satisfy such a fine with federal funds.
The recipient agrees to ensure that the State Information Technology Point of Contact receives written notification
regarding any information technology project funded by this grant during the obligation and expenditure period. This is
to facilitate communication among local and state governmental entities regarding various information technology
projects being conducted with these grant funds. In addition, the recipient agrees to maintain an administrative file
documenting the meeting of this requirement. For a list of State Information Technology Points of Contact, go to
http://www.it.ojp.gov/default.aspx?area=policyAndPractice&page=1046.
The grantee agrees to comply with the applicable requirements of 28 C.F.R. Part 38, the Department of Justice
regulation governing "Equal Treatment for Faith Based Organizations" (the "Equal Treatment Regulation"). The Equal
Treatment Regulation provides in part that Department of Justice grant awards of direct funding may not be used to
fund any inherently religious activities, such as worship, religious instruction, or proselytization. Recipients of direct
grants may still engage in inherently religious activities, but such activities must be separate in time or place from the
Department of Justice funded program, and participation in such activities by individuals receiving services from the
grantee or a sub-grantee must be voluntary. The Equal Treatment Regulation also makes clear that organizations
participating in programs directly funded by the Department of Justice are not permitted to discriminate in the provision
of services on the basis of a beneficiary's religion. Notwithstanding any other special condition of this award, faith-
based organizations may, in some circumstances, consider religion as a basis for employment. See
http://www.ojp.gov/about/ocr/equal_fbo.htm.
The recipient acknowledges that all programs funded through subawards, whether at the state or local levels, must
conform to the grant program requirements as stated in BJA program guidance.
Grantee agrees to comply with the requirements of 28 C.F.R. Part 46 and all Office of Justice Programs policies and
procedures regarding the protection of human research subjects, including obtainment of Institutional Review Board
approval, if appropriate, and subject informed consent.
Grantee agrees to comply with all confidentiality requirements of 42 U.S.C. section 3789g and 28 C.F.R. Part 22 that
are applicable to collection, use, and revelation of data or information. Grantee further agrees, as a condition of grant
approval, to submit a Privacy Certificate that is in accord with requirements of 28 C.F.R. Part 22 and, in particular,
section 22.23.
The recipient agrees that funds received under this award will not be used to supplant State or local funds, but will be
used to increase the amounts of such funds that would, in the absence of Federal funds, be made available for law
enforcement activities.
Award recipients must submit quarterly a Federal Financial Report (SF-425) and annual performance reports through
GMS (https://grants.ojp.usdoj.gov). Consistent with the Department's responsibilities under the Government
Performance and Results Act (GPRA), P.L. 103-62, applicants who receive funding under this solicitation must
provide data that measure the results of their work. Therefore, quarterly performance metrics reports must be submitted
through BJA's Performance Measurement Tool (PMT) website (www.bjaperformancetools.org). For more detailed
information on reporting and other JAG requirements, refer to the JAG reporting requirements webpage. Failure to
submit required JAG reports by established deadlines may result in the freezing of grant funds and future High Risk
designation.
15.
16.
17.
18.
19.
20.
21.
22.
OJP FORM 4000/2 (REV. 4-88)
6
AWARD CONTINUATION
SHEET
Grant
PAGE 6OF
Department of Justice
Office of Justice Programs
Bureau of Justice Assistance
AWARD DATE08/12/2011 PROJECT NUMBER2011-DJ-BX-0031
SPECIAL CONDITIONS
The recipient agrees to monitor subawards under this JAG award in accordance with all applicable statutes, regulations,
OMB circulars, and guidelines, including the OJP Financial Guide, and to include the applicable conditions of this
award in any subaward. The recipient is responsible for oversight of subrecipient spending and monitoring of specific
outcomes and benefits attributable to use of JAG funds by subrecipients. The recipient agrees to submit, upon request,
documentation of its policies and procedures for monitoring of subawards under this award.
Award recipients must verify Point of Contact(POC), Financial Point of Contact (FPOC), and Authorized
Representative contact information in GMS, including telephone number and e-mail address. If any information is
incorrect or has changed, a Grant Adjustment Notice (GAN) must be submitted via the Grants Management System
(GMS) to document changes.
The grantee agrees that within 120 days of award acceptance, each member of a law enforcement task force funded
with these funds who is a task force commander, agency executive, task force officer, or other task force member of
equivalent rank, will complete required online (internet-based) task force training. The training is provided free of
charge online through BJA's Center for Task Force Integrity and Leadership (www.ctfli.org). All current and new task
force members are required to complete this training once during the life of the award, or once every four years if
multiple awards include this requirement. This training addresses task force effectiveness as well as other key issues
including privacy and civil liberties/rights, task force performance measurement, personnel selection, and task force
oversight and accountability. Additional information is available regarding this required training and access methods
via BJA's web site and the Center for Task Force Integrity and Leadership (www.ctfli.org).
23.
24.
25.
OJP FORM 4000/2 (REV. 4-88)
6
Memorandum To:
From:
Subject:
Washington, D.C. 20531
Orbin Terry, Environmental Coordinator
Incorporates NEPA Compliance in Further Developmental Stages for City of Delray
Beach
The Edward Byrne Memorial Justice Assistance Grant Program (JAG) allows states and local governments to
support a broad range of activities to prevent and control crime and to improve the criminal justice system, some of
which could have environmental impacts. All recipients of JAG funding must assist BJA in complying with NEPA
and other related federal environmental impact analyses requirements in the use of grant funds, whether the funds
are used directly by the grantee or by a subgrantee or third party. Accordingly, prior to obligating funds for any of
the specified activities, the grantee must first determine if any of the specified activities will be funded by the
grant.
The specified activities requiring environmental analysis are:
a. New construction;
b. Any renovation or remodeling of a property located in an environmentally or historically sensitive area,
including properties located within a 100-year flood plain, a wetland, or habitat for endangered species, or a
property listed on or eligible for listing on the National Register of Historic Places;
c. A renovation, lease, or any proposed use of a building or facility that will either (a) result in a change in its basic
prior use or (b) significantly change its size;
d. Implementation of a new program involving the use of chemicals other than chemicals that are (a) purchased as
an incidental component of a funded activity and (b) traditionally used, for example, in office, household,
recreational, or education environments; and
e. Implementation of a program relating to clandestine methamphetamine laboratory operations, including the
identification, seizure, or closure of clandestine methamphetamine laboratories.
Complying with NEPA may require the preparation of an Environmental Assessment and/or an Environmental
Impact Statement, as directed by BJA. Further, for programs relating to methamphetamine laboratory operations,
the preparation of a detailed Mitigation Plan will be required. For more information about Mitigation Plan
requirements, please see http://www.ojp.usdoj.gov/BJA/resource/nepa.html.
Please be sure to carefully review the grant conditions on your award document, as it may contain more specific
information about environmental compliance.
Official Grant File
Department of Justice
Office of Justice Programs
Bureau of Justice Assistance
GRANT MANAGER'S MEMORANDUM, PT. I:
PROJECT SUMMARY
1. STAFF CONTACT (Name & telephone number)
PROJECT NUMBER
6. NAME & ADRESS OF SUBGRANTEE
7. PROGRAM PERIOD 8. BUDGET PERIOD
9. AMOUNT OF AWARD 10. DATE OF AWARD
11. SECOND YEAR'S BUDGET
2011-DJ-BX-0031
2. PROJECT DIRECTOR (Name, address & telephone number)
4. TITLE OF PROJECT
12. SECOND YEAR'S BUDGET AMOUNT
13. THIRD YEAR'S BUDGET PERIOD 14. THIRD YEAR'S BUDGET AMOUNT
15. SUMMARY DESCRIPTION OF PROJECT (See instruction on reverse)
5. NAME & ADDRESS OF GRANTEE
Grant
This project is supported under FY11(BJA - JAG) 42 USC 3750, et seq.
Maria Marino-Bollan
Accreditation Manager
300 W. Atlantic Avenue
Delray Beach, FL 33444-3695
(561) 243-7848
PAGE 1 1OF
The Edward Byrne Memorial Justice Assistance Grant Program (JAG) allows states and units of local government, including tribes, to support a broad range of
activities to prevent and control crime based on their own state and local needs and conditions. Grant funds can be used for state and local initiatives, technical
assistance, training, personnel, equipment, supplies, contractual support, and information systems for criminal justice, including for any one or more of the
following purpose areas: 1) law enforcement programs; 2) prosecution and court programs; 3) prevention and education programs; 4) corrections and community
corrections programs; 5) drug treatment and enforcement programs; 6) planning, evaluation, and technology improvement programs; and 7) crime victim and
witness programs (other than compensation).
The grantee will use the award to support the Holiday Robbery Task Force. Funds will be used to support the cost of overtime for officers who will be deployed in
targeted areas. These officers will provide high visibility patrols and serve as a crime deterrent. The project goals are to reduce the number of serious crimes that
Stefanie Harris
(202) 305-8069
OJP FORM 4000/2 (REV. 4-88)
Holiday Robbery Task Force 2011 Project
City of Delray Beach
300 West Atlantic Avenue
Delray Beach, FL 33444-3695
TO:10/01/201009/30/2014 FROM:TO:10/01/201009/30/2014 FROM:
08/12/2011 $ 53,503
3b. POMS CODE (SEE INSTRUCTIONS
ON REVERSE)
3a. TITLE OF THE PROGRAM
FY 2011 Justice Assistance Grant Program
Department of Justice
Office of Justice Programs
Bureau of Justice Assistance
occur during the holiday season and make citizens feel safer in their communities.
NCA/NCF
MEMORANDUM
TO:Mayor and City Commissioners
FROM:David A. Boyd, Director of Finance
THROUGH:David T. Harden, City Manager
DATE:August 31, 2011
SUBJECT:AGENDA ITEM 8.Y. - REGULAR COMMISSION MEETING OF SEPTEMBER 6, 2011
BOND COUNSEL SERVICES/GREENBERG TRAURIG, LLP/STEVEN D. SA NFORD
ITEM BEFORE COMMISSION
Authorize Steven D. Sanford of Greenberg, Traurig, LLP to act as bond counsel for two (2) proposed
water and sewer re-financings.
BACKGROUND
On August 23, 2011, Finance staff requested quotes for bond counsel services for two proposed
(competitively bid) water and sewer bond re-financi ngs. The first financing (the “Series 2011A) would
be issued for the purpose of refunding the City of Delray Beach Water and Sewer Revenue Bonds
Series 2006A. The second financing (the “Series 201 1B Bonds”) will be issued for the purpose of
refunding the Water and Sewer Bonds Series 2007. Se rvices will include bond counsel tax opinion and
providing an award resolution as well as typical cl osing papers. Quotes were based on whether one or
two banks would be awarded. [Bids are due from bank s on September 7, 2011 so at this time the
number of banks that will handle our bond issues is uncertain.]
Staff received the following bids:
Number of banks
involved
Mark Raymond,
Mark Raymond Law
Skip Miller
Ruden McClosky
Steven D. Sanford,
Greenberg Traurig
1 Bank $7,500 $12,000 $8,000
2 Banks $10,000 $19,000 $9,000
FUNDING SOURCE
The cost of bond counsel will be included in the fi nancings.
RECOMMENDATION
Recommend Steven D. Sanford of Greenberg, Traurig, LLP to act as bond counsel for two (2) proposed
water and sewer refunding bond issues. Mr. Sanford’s quote came in second in the event one (1) bank is
awarded with only a $500 difference, and lowest in the event two (2) banks are awarded.
Mr. Sanford has a history of providing professional service for the City of Delray Beach at competitiv e
rates. He is very knowledgeable in municipal financ e as well as the financing history of the City. Mr.
Sanford has our documents on file so closings will be quick and easy in light of tight timeframes.
It should be noted that Mr. Raymond, although the l owest bid by $500 for the one bank option, is a sol e
proprietor and that our concern is that there is no back-up support. Mr. Sanford’s firm is an international
firm and has sufficient resources for back-up purpo ses.
MEMORANDUM
TO:Mayor and City Commissioners
FROM:David A. Boyd, Director of Finance
THROUGH:David T. Harden, City Manager
DATE:September 1, 2011
SUBJECT:AGENDA ITEM 8.Z. - REGULAR COMMISSION MEETING OF SEPTEMBER 6, 2011
FINANCIAL ADVISORY SERVICES
ITEM BEFORE COMMISSION
Authorize Jay Glover, Public Financial Management, to act as financial advisor for two (2) proposed
water and sewer re-financings.
BACKGROUND
Finance staff recently requested quotes for financi al advisory services for two proposed (competitivel y
bid) water and sewer bond refinancings. The first f inancing (the “Series 2011A) will be issued for the
purpose of refunding the City of Delray Beach Water and Sewer Revenue Bonds Series 2006A. The
second financing (the “Series 2011B Bonds”) will be issued for the purpose of refunding the Wat er and
Sewer Bonds Series 2007. Services will include fina ncial analysis, negotiating, review of the award
resolution as well as typical closing papers. Quote s were based on a per bond issue basis.
Staff received the following quotes:
Lakshmi.McGrath
First Southwest
Paul Sober Public
Resource
Jay Glover
Public Financial
Management
1 st
refunding
$8,750 $4,000 $3,750
2 nd
refunding
$8,750 $4,000 $3,750
Total $17,500 $8,000 $7,500
FUNDING SOURCE
The cost of financial services will be included in the financings.
RECOMMENDATION
Recommend Jay Glover, Public Financial Management t o act as financial advisor for two (2) proposed
water and sewer refunding bond issues. Mr. Glover/P FM’s quote came in as low for both issues.
Mr. Glover has a history of providing exceptional s ervice for the City of Delray Beach at competitive
rates. He is very knowledgeable in municipal financ e as well as the financing history of the City and
comes highly recommended by Finance staff who have worked closely with him.
MEMORANDUM
TO:Mayor and City Commissioners
FROM:David T. Harden, City Manager
DATE:August 29, 2011
SUBJECT:AGENDA ITEM 8.A.A - REGULAR COMMISSION MEETING OF SEPTEMBER 6, 2011
RESOLUTION NO. 37 -11
ITEM BEFORE COMMISSION
This is a resolution assessing costs for abatement action required to remove nuisances on five (5)
properties throughout the City.
BACKGROUND
The resolution sets forth the actual costs incurred and provides the mechanisim to attach liens agains t
the properties if the assessments remain unpaid.
RECOMMENDATION
Recommend approval of Resolution No. 37-11.
RESOLUTION NO. 37-11
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, PURSUANT TO CHAPTER 100 OF T HE
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 A ND
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 DECLARING SAID LE VY
TO BE A LIEN UPON THE SUBJECT 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, described in the list attached her eto 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 Beach, the City Manager or his d esignated 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 furn ish 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 nat ure of the nuisance(s) and sent notice that
within seven (7) 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 ab ate said nuisance, or file a written request for a
hearing to review the decision that a nuisance exis ted within five (5) days from the date of delivery
of said notice, failing which the City of Delray Be ach would proceed to correct this condition by
abating such nuisance, and that the cost thereof wo uld be levied as an assessment against said
property; and,
WHEREAS, the property owner(s) named in the list attached h ereto and made a part
hereof did fail and neglect to abate the nuisance(s) existin g upon their respective lands or to properly
request a hearing pursuant to Section 100.21 and 10 0.22 within the time limits prescribed in said
notice and Chapter 100 of the Code of Ordinances, o r if the property owner(s) did request and
receive a hearing, said property owner(s) failed and/or neg lected to abate such nuisance(s) within the
time designated at the hearing wherein a decision w as rendered adverse to the property owner(s);
and,
2
Res. No. 37-11
WHEREAS, the City of Delray Beach, through the City Adminis tration or such
agents or contractors hired by the City Administrat ion was therefore required to and did enter upon
the land(s) described in the list attached and made a part hereof and incurred costs in abating the
subject nuisance(s) existing thereon as described in the no tice; and,
WHEREAS, the City Manager of the City of Delray Beach has, pursuant to Chapter
100 of the Code of Ordinances of the City of Delray Beach, submitted to the City Commission a
report of the costs incurred in abating said nuisan ce(s) as aforesaid, said report indicating the cost s
per parcel of land involved; and,
WHEREAS, the City Commission of the City of Delray Beach, p ursuant to Chapter
100 of the Code of Ordinances desires to assess the cost of said nuisance(s) against said property
owner(s),
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISS ION OF
THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That assessments in the individual amounts as sho wn by the report of the
City Manager of the City of Delray Beach, involving the City's cost of abating the aforesaid
nuisances upon the lots or parcels of land describe d in said report, a copy of which is attached
hereto and made a part hereof, are hereby levied aga inst the parcel(s) of land described in said report
and in the amount(s) indicated thereon. Said asses sments 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 b inding obligations upon
the property against which said assessments are levied.
Section 3 . That the City Clerk of the City of Delray Beach i s 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) t hat the City Commission of the City of Delray
Beach at the September 6, 2011 meeting has levied an assessment against said prop erty 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
property, and interest will accrue at the rate of 8 % per annum, plus reasonable attorney's fees and
other costs of collecting said sums. A Notice of L ien shall be mailed, along with the Notice of
Assessment and this resolution.
Section 4. That this resolution shall become effective thirt y (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 assess ment(s), after which a lien shall be placed on said
3
Res. No. 37-11
property(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 in cluding a reasonable attorney's fee.
Section 5. That in the event that payment has not been recei ved by the City Clerk
within thirty (30) days after the mailing date of t he notice of assessment, the City Clerk is hereby
directed to record a certified copy of this resolut ion in the public records of Palm Beach 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 property which shal l secure the cost of abatement, interest at the
rate of 8%, and collection costs including a reasonable att orney's fee.
PASSED AND ADOPTED in regular session on this 6 th day of September, 2011.
________________________________________
M A Y O R
ATTEST:
____________________________________
City Clerk
This instrument was prepared by:
Brian Shutt, City Attorney
200 N.W. 1 st Avenue
Delray Beach, Florida 33444
COST OF ABATING NUISANCES UNDER CHAPTER 100
OF THE CODE OF ORDINANCE
PROPERTY DESCRIPTIONOWNER
TROPIC ISLE 3RD SECTION
LOTS 411 & 412,
SPANISH TRL.
CASE NBR NA11-15364
PCN 12 43 46 28 03 000 4110
Katharine D. Martens
589 Deerfield Dr.
Melbourne, FL 32940-1947 156.70 $ Inv. No. 37045
55.00 $ Admin Fee
211.70 $
2172 LAKE IDA ROAD
DELRAY SHORES 1ST ADD
LOT 13 BLOCK 12
CASE NBR NA11-15423
PCN 12 43 46 07 02 012 0130
LaSalle Bank NA Trust for MLMI Tr
c/o Chase Bank
7255 Baymeadows Way
Jacksonville, FL 32256 69.75 $ Inv. No. 37048
55.00 $ Admin Fee
124.75 $
509 CURLEW ROAD
TROPIC PALMS PLAT NO. 1
LOT 264
CASE NBR NA11-15542
PCN 12 43 46 29 02 000 2640
Thomas & Juliana Del Flore
P.O. Box 1269
Boynton Beach, FL 33425-1269 139.80 $ Inv. No. 37046
55.00 $ Admin Fee
194.80 $
222 NW 9TH AVENUE (VAC LOT)
TOURIST NOOK DELRAY
LOT 24 BLOCK A
CASE NBR NA11-15131
PCN 12 43 46 17 25 001 0240
Richard Dobard
465 Dix Leeon Drive
Fayetteville, GA 30214-3013 44.00 $ Inv. No. 37051
55.00 $ Admin Fee
99.00 $
NW 18TH AVENUE (VAC PARCEL)
NORJAC PAR A
CASE NBR NA11-15355
PCN 12 43 46 18 49 000 0010
Blade Properties LLC
% Joseph Heimobics, Reg. Agent
399 W. Palmetto Park Rd. #100
Boca Raton, FL 33432 169.50 $ Inv. No. 37047
55.00 $ Admin Fee
224.50 $
ASSESSMENT
VIOLATION IS:SECTION 100.01 –LAND TO BE KEPT FREE OF
DEBRIS,VEGETATION,AND MATTER CONSTITUTESHAZARDS;
DECLARED NUISANCE
RES NO. 37-11.xls
MEMORANDUM
TO:Mayor and City Commissioners
FROM:Robert A. Barcinski, Assistant City Manager
THROUGH:David T. Harden, City Manager
DATE:August 30, 2011
SUBJECT:AGENDA ITEM 8.B.B - REGULAR COMMISSION MEETING OF SEPTEMBER 6, 2011
SPECIAL EVENT REQUEST/12TH ANNUAL DOWNTOWN DELRAY BEAC H
THANKSGIVING WEEKEND ART FESTIVAL
ITEM BEFORE COMMISSION
City Commission is requested to endorse the 12 th Annual Downtown Delray Beach Thanksgiving
Weekend Art Festival to be held on November 26 - 27, 2011 from 10:00 a.m. until 5:00 p.m., to grant a
temporary use permit per LDR Section 2.4.6(F) for u se of NE 2nd Avenue from the alley just north of
Atlantic Avenue to approximately 400 feet north of NE 3rd Street, leaving an access lane to the City
Walk parking garage, and to authorize staff support for traffic control and security.
BACKGROUND
Attached are the special event permit application, site plan, budget and Economic Impact Calculator
from Howard Alan Events, Ltd. for this event. Part of the proceeds will be shared with the Downtown
Development Authority. The City is requested to pro vide police traffic control and security for this
event. In addition, a Fire Inspector will be requir ed. The event sponsor will provide vendor approval,
event management, site clean up, port-o-lets, event signage and barricading. We will work w ith the
sponsor to reduce City costs through the use of pri vate security for night time shifts. The estimated cost
for overtime is approximately $5,270. A lane has be en left open on NE 2 nd Avenue from NE 3 rd Street
south to allow access to the City Walk garage entra nce. The event producer has provided a Certificate of
Liability Insurance and a Hold Harmless Agreement. Signage per LDR’s Section 4.6.7(F)(3)(f) can be
installed 14 days prior to the event and must be un der 20 square feet. Per event policies and procedur es,
the event sponsor will pay all City overtime costs.
RECOMMENDATION
Staff recommends endorsement of the event, approval of the temporary use permit for street closure,
approval of staff support for police traffic contro l and security, and Fire Inspector with the sponsor
paying all overtime costs.
MEMORANDUM
TO:Mayor and City Commissioners
FROM:Jasmin Allen, Planner
Paul Dorling, AICP, Director of Planning and Zoning
THROUGH:City Manager
DATE:August 31, 2011
SUBJECT:AGENDA ITEM 8.C.C - REGULAR COMMISSION MEETING OF SEPTEMBER 6, 2011
REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS
ITEM BEFORE COMMISSION
The action requested of the City Commission is revi ew of appealable actions which were taken
by various Boards during the period of August 15, 2 011 through September 2, 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 Cit y Commission. After this meeting, the
appeal period shall expire (unless the 10 day appea l period has not occurred). Section 2.4.7(E),
Appeals, of the LDRs applies. In summary, it provid es that the City Commission hears appeals
of actions taken by an approving Board. It also pro vides 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 ite m on the next meeting of the
Commission as an appealed item.
REVIEW BY OTHERS
Planning and Zoning Board Meeting of August 15, 201 1
A. Approved with conditions (6 to 0, Connor Lynch abse nt), a conditional use modification to allow
interior conversion of two existing automotive serv ice bays totaling 808 sq. ft. to accommodate
expansion of the existing 592 sq. ft. (total 1,400 sq. ft.) convenience store associated with
GaslandGasoline Station located at the southwest corner of NE 5 th Avenue and NE 4 th Street.
No other appealable items were considered by the Pl anning and Zoning Board. The following items
which were considered by the Board will be forwarde d to the City Commission for action:
B. Recommended approval with conditions (6 to 0), of a final subdivision plat to allow the creation of
three single family lots for Little Wood Estates, l ocated at the south end of NW 1 st Avenue, between
Woods Lane and Trinity Lutheran Church.
C. Recommended approval (6 to 0) of a City-initiated amendment to the Land Development
Regulations (LDR), by amending Article 2.2 “Establishment of Boards Having Responsibilities for
Land Development Regulations” and amending Section 4.4.6 “Medium Density Residential” (RM)
to provide for housekeeping corrections to outdated references.
D. Recommended approval (6 to 0), of amendments to the Community Redevelopment Agency
(CRA) Plan.
Site Plan Review and Appearance Board Meeting of Au gust 24, 2011
1. Approved (6 to 0), a Class I site plan modification and architectural elevation plan associated
with the installation of a walkway canopy awning fo r Graboski Roofing , located on the east side
of SW 4 th Avenue, south of SW 10 th Street (1455 SW 4 th Avenue).
2. Approved with conditions (6 to 0), a Class III site plan modification and architectural elevation
plan associated with the change of use for 390 squa re feet from storage area to office space for 355
Office Building , located on the east side of NE 5 th Avenue, south of NE 4 th Street (355 NE 5 th
Avenue)
3. Approved (6 to 0), a Class III site plan modificati on and architectural elevations associated with the
conversion of 783 square feet of office area to res taurant for the House of Siam Restaurant ,
located within the Ocean City Lumber complex which is located at the southeast corner of
Pineapple Grove Way (NE 2 nd Avenue) and NE 1 st Street (25 NE 2 nd Avenue).
4. Approved with condition (5 to 0, Rustem Kupi steppe d down), a Class I site plan modification and
architectural elevations associated with additional architectural and interior renovations for
Boston’s Restaurant , located on the west side of Ocean Boulevard, sout h of East Atlantic Avenue
(40 South Ocean Boulevard).
Historic Preservation Board Meeting of August 17, 2 011
5. Approved with conditions (5 to 0, Pam Reeder and Rh onda Sexton absent), a request for a
Certificate of Appropriateness associated with the installation of a freestanding sign on a
contributing property located at 124 North Swinton Avenue (west side of Swinton Avenue, north
of NE 1 st Street).
6. Denied (5 to 0) a Class III site plan modification request associated with a change of use from
garage to office for 85 SE 6 th Avenue (The Blank House), an individually designated prop erty
located on the east side of SE 6 th Avenue, south of East Atlantic Avenue. Concurrentl y, the Board
denied on a 5 to 0 vote, a request for a waiver fro m the parking requirement (six required parking
spaces) associated with the illegally established o ffice use.
RECOMMENDATION
By motion, receive and file this report.
Attachment: Location Map
MEMORANDUM
TO:Mayor and City Commissioners
FROM:Danielle Connor, Acting Fire-Rescue Chief
THROUGH:David T. Harden, City Manager
DATE:August 25, 2011
SUBJECT:AGENDA ITEM 8.DD1 - REGULAR COMMISSION MEETING OF SEPTEMBER 6, 2011
PURCHASE AWARD/KUHN FLOORING GALLERY I LLC.
ITEM BEFORE COMMISSION
The item before Commission is consideration of a pu rchase award to Kuhn Flooring Gallery I LLC, in
the amount of $28,030.00 for floor covering replace ment at Fire-Rescue Headquarters (station
#1). Price includes old flooring removal, labor an d materials.
BACKGROUND
On February 22, 2011 an invitation to quote was ema iled out to (7) prospective vendors followed by a
phone call to attend a pre-quote conference walk-through for quote request #1995 for flooring
replacement for Fire-Rescue Headquarters. On March 3rd, 2011 two (2) of the seven attended.
The Fire-Rescue Department currently has carpet in all heavy traffic areas of the second floor of Fire
Station #1. This carpet was replaced in 2003 at a c ost just over $15,000.00 and is in dire need of
replacement once again.
Each year since its installation, this carpet has b een cleaned and maintained at an approximate cost of
$2,200.00 per year. The Fire-Rescue Department is recommending the purchase of r eplacement flooring
consisting of a Vinyl Free Fit Tile. This flooring carries a 15-year commercial grade warranty for repair
and or replacement. This product will also eliminat e the upkeep and cleaning costs. It is not supposed to
require waxing. A copy of the maintenance recommen dation is attached.
QUOTES
Kuhn Flooring Gallery I LLC $28,030.00
Gulfstream Carpets, Inc. $29,460.50
FUNDING SOURCE
001-2311-522-46.10 $28,030.00
RECOMMENDATION
Staff recommends approval of a purchase award to Ku hn Flooring Gallery I LLC, in the amount of
$28,030.00 for floor covering replacement at Fire-R escue Headquarters (station #1).
MEMORANDUM
TO:Mayor and City Commissioners
FROM:Victor Majtenyi; Deputy Director of Public Uti lities
Richard C. Hasko, P.E.; Director of Environmental S ervices Department
THROUGH:David Harden; City Manager
DATE:August 29, 2011
SUBJECT:AGENDA ITEM 8.DD2 - REGULAR COMMISSION MEETING OF SEPTEMBER 6, 2011
PURCHASE AWARD/INNOVYZE
ITEM BEFORE COMMISSION
Approve a purchase award to Innovyze, Inc. in the n et amount of $27,000 for the purchase of water
quality modeling program, “InfoWater Suite 8.1”.
BACKGROUND
In April 2007, the Environmental Services Departmen t secured the services of Spatial Focus, Inc. for
providing technical assistance in evaluating potent ial work order/asset management programs to
consider for acquisition. The primary focus was to create a plan for acquiring software and/or hardwar e
that would unify the mapping, data asset management , and the work order processes. Prior to this,
Public Utilities and Public Works division groups w ithin ESD were using multiple software/hardware
packages, each acquired and used independently.
The consultant and staff established a set of crite ria to be used in product selection which included but
was not limited to functionality of asset managemen t, inventory management, and water modeling;
interoperability for data synchronization and editi ng of data from within GIS; and usability for ease of
customization/use, security, and flexibility. The s tudy evaluated thirteen potential software products for
meeting the criteria established by the department’s user groups. The study identified two software
vendors with products meeting most of the criteria; Cartegraph and InfoWorks. Cartegraph appeared
more suited in meeting the criteria for asset and w ork order management. Thus, the department recently
recommended an award for Cartegraph, which the City Commission approved.
The programs offered by InfoWorks appeared more sui table for water modeling. Since the evaluation
was conducted, InfoWorks has merged with Innovyze, Inc. One of their programs, InfoWater Suite 8.1,
is capable of modeling water quality by using data from the treatment plant (chemical dosing) and fiel d
data from the distribution system (chlorine residua ls, nitrates/nitrites, and temperature) for monitor ing
water quality parameters, in addition to performing hydraulic simulations. The program would be a
useful tool in forecasting and identifying potentia l problem areas concerning water quality in the
distribution system, useful in administering our fi re hydrant flushing program, and helpful in plannin g
our super disinfection cycles. The cost for the pro gram’s license is $14,000 (multiple users), with
$3,000 for the annual subscription maintenance. T raining is estimated not to exceed $10,000 for up t o
eight people. Total cost for the program is $27,000 . The program will integrate with the Cartegraph
work order and asset management programs.
Upon award, the vendor will execute an "Standard Fo rm Agreement between the City and Vendor".
Staff recommends purchase of the InfoWater Suite 8.1 program through Innovyze in the total amount of
$27,000.
FUNDING SOURCE
Funding is available from account #441-5123-536-66.10, Water and Sewer Fund/ Software, after a
budget transfer.
RECOMMENDATION
Staff recommends the purchase award Innovyze in the amount of $27,000 for the purchase of the
InfoWater Suite 8.1 Water Modeling program.
THANK YOU FOR YOUR BUSINESS!
If you have any questions regarding this quote, call (626) 568-6868
Quote
Bill To:Ship To:Bob Mickla
Delray Beach, FL 33444 USA
434 South Swinton Ave
City of Delray Beach
Fax: (561) 243-7060
Email: mickla@ci.delray-beach.fl.us
Tel: (561) 243-7000
Bob Mickla
Tel: (561) 243-7000
Delray Beach, FL 33444 USA
434 South Swinton Ave
City of Delray Beach
Email: mickla@ci.delray-beach.fl.us
Fax: (561) 243-7060
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2-Day, InfoWater Training Workshop to be provided at the City
of Delray Beach facilities for up to 8 attendees. Dates are to be
determined.
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1 Implementation Services - Off-Site Training Web $10,000.00 $10,000.00
1 Platinum Maintenance Subscription Program $3,000.00 $3,000.00
1 InfoWater Suite 8.1 Floating (10,000 Links)$16,000.00 $14,000.00
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QTY DESCRIPTION UNIT PRICE AMOUNT
(626) 568-6868 Fax (626) 568-6870 Expiration Date:9/23/2011
Arcadia, CA 91007 Date:8/23/2011
618 Michillinda Avenue, Suite 200Quote/Revision Number:12719 / 3
EXHIBIT - A
THANK YOU FOR YOUR BUSINESS!
If you have any questions regarding this quote, call (626) 568-6868
Call (626) 568-6868 to pay with Visa / MC
Please include invoice number(s) on your check
Innovyze, Dept. 8812, Los Angeles, CA 90084-8812
Note: Please see our website at http://www.innovyze.com/support/ for a description of our
Maintenance and Support Program.
Sales Tax is included per your States tax regulations. In the event that
your business is tax exempt, please send us your exemption certificate.
FEIN: 95-4568279
All Prices are in US Dollars.Sales Tax:$0.00
Shipping is On-Line.SUBTOTAL:$27,000.00
Make all checks payable in U.S. dollars to:
Total:$27,000.00
Shipping:$0.00
EXHIBIT - A
MEMORANDUM
TO:Mayor and City Commissioners
FROM:Victor Majtenyi, Deputy Director of Public Uti lities
Richard C. Hasko, P.E.; Director of Environmental S ervices Department
THROUGH:David Harden; City Manager
DATE:August 24, 2011
SUBJECT:AGENDA ITEM 8.DD3 - REGULAR COMMISSION MEETING OF SEPTEMBER 6, 2011
CONTRACT AWARD/FOSTER MARINE CONTRACTORS, INC.
ITEM BEFORE COMMISSION
Request approval of an award to Foster Marine Contr actors, Inc. in the amount of $46,800.00 for the
annual Lift Station Rehabilitation program, P/N 201 1-039. Lift stations identified for this year’s
rehabilitation are 52, 55, 59B, and 59C.
BACKGROUND
The Public Utilities Division requested funding for the annual lift station rehabilitation program wit h
current year’s budget allocation at $75,000. The award allows st aff to continue the annual rehabilitation
program, focusing on stations exhibiting the most d eterioration. This request is for rehabilitation of Lift
Stations #52 (Sabal Pines Condo/SW 22 Ave), #55 (Fa ircrest Heights/SW 35 th Ave), #59B (Delaire
Golf Club/Live Oak Blvd), and #59C (Rabbit Hollowe/ Rabbit Hollowe Drive).
Staff solicited quotes for this rehabilitation work through a formal bid process. The City received fi ve
bids as follows; Foster Marine Contractors, Inc. i n the amount of $46,800.00, Intercounty Engineering ,
Inc. at $68,613.00, TLC Diversified, Inc. at $68,82 0.00, Murray Logan Construction, Inc. at
$76,109.40, and from Trio Development Corporation a t $107,625.00. Foster Marine Contractors, Inc. is
the apparent low bidder. The scope of work includes by-pass pumping of the stations; furnishing and
installing new stainless steel base plates, flanges , and gaskets; installation of break-away fittings and
new pump guide rails with associated brackets; and the installation of a protective coating. Break-away
fittings and guide rails to be furnished by the Cit y.
Staff recommends the award to Foster Marine Contrac tors, Inc. for this project. They meet the projects
pre-qualification requirement and their performance his tory on City projects has been above
satisfactory.
Upon approval by City Commission, Foster Marine Con tractors, Inc. will execute a “Standard Form of
Agreement between the City and Contractor”.
FUNDING SOURCE
Funding is available from account #442-5178-536-68.15, Water and Sewer Renewal and Replacement/
Lift Station Rehabilitation.
RECOMMENDATION
Staff recommends an award to Foster Marine Contract ors, Inc. in the amount of $46,800.00 for Lift
Station Rehabilitation of 52, 55, 59B, and 59C.
Lift Station Rehabilitation 2011
Project No. 2011-039, Bid No. 2011-22
Bid Tabulation
ITEM ITEMEST
NO.DESCRIPTIONUNITQTY UNIT PRICE TOTAL PRICE UNIT PRICE TOTAL PRICE UNIT PRICE TOTAL PRICE UNIT PRICE TOTAL PRICE UNIT PRICE TOTAL PRICE
Lift Station 52 Rehab
1.1 Set-up and maintenance of
by-pass pumping PD5 $350.00 $1,750.00 $895.00 $4,475.00 $310.00 $1,550.00 $480.00 $2,400.00 $1,000.00 $5,000.00
1.2 Vacuum removal of all
debris from wet well LS1 $1,120.00 $1,120.00 $1,202.00 $1,202.00 $680.00 $680.00 $900.00 $900.00 $2,000.00 $2,000.00
1.3 Prep/application of
cementitious coating SF390 $15.00 $5,850.00 $14.00 $5,460.00 $19.00 $7,410.00 $17.44 $6,801.60 $25.00 $9,750.00
1.4 Mechanical rehab; rplc
guide rails, brkawy fittings LS1 $2,900.00 $2,900.00 $5,900.00 $5,900.00 $7,285.00 $7,285.00 $9,000.00 $9,000.00 $10,459.00 $10,459.00
1.5Total LS 84C $11,620.00 $17,037.00 $16,925.00 $19,101.60 $27,209 .00
Lift Station 55 Rehab
2.1 Set-up and maintenance of
by-pass pumping PD5 $350.00 $1,750.00 $895.00 $4,475.00 $310.00 $1,550.00 $420.00 $2,100.00 $1,000.00 $5,000.00
2.1 Vacuum removal of all
debris from wet well LS1 $1,120.00 $1,120.00 $1,202.00 $1,202.00 $680.00 $680.00 $900.00 $900.00 $2,000.00 $2,000.00
2.3 Prep/application of
cementitious coating SF350 $15.00 $5,250.00 $14.00 $4,900.00 $19.00 $6,650.00 $17.14 $5,999.00 $25.00 $8,750.00
2.4 Mechanical rehab; rplc
guide rails, brkawy fittings LS1 $2,800.00 $2,800.00 $5,775.00 $5,775.00 $7,430.00 $7,430.00 $9,100.00 $9,100.00 $9,665.00 $9,665.00
2.5Total LS 90A $10,920.00 $16,352.00 $16,310.00 $18,099.00 $25,415 .00
Lift Station 59B Rehab
3.1 Set-up and maintenance of
by-pass pumping PD5 $350.00 $1,750.00 $895.00 $4,475.00 $372.00 $1,860.00 $480.00 $2,400.00 $1,000.00 $5,000.00
Murray Logan
Construction, Inc.
Foster Marine Contractors,
Inc.
Intercounty Engineering,
Inc.TLC Diversified, Inc.Trio Development
Corporation
Lift Station Rehab 2011
P/N 2011-039
S:\EngAdmin\Projects\2011\11-039\BUDGET\Bid Tab 2011 Lift Statio n Rehab 2011Aug12
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Lift Station Rehabilitation 2011
Project No. 2011-039, Bid No. 2011-22
Bid Tabulation
3.2 Vacuum removal of all
debris from wet well LS1 $1,120.00 $1,120.00 $1,202.00 $1,202.00 $680.00 $680.00 $900.00 $900.00 $2,000.00 $2,000.00
3.3 Prep/application of
cementitious coating SF360 $15.00 $5,400.00 $14.00 $5,040.00 $19.00 $6,840.00 $17.22 $6,199.20 $25.00 $9,000.00
3.4 Mechanical rehab; rplc
guide rails, brkawy fittings LS1 $2,875.00 $2,875.00 $5,775.00 $5,775.00 $7,430.00 $7,430.00 $9,000.00 $9,000.00 $11,301.00 $11,301.00
3.5Total LS 11B $11,145.00 $16,492.00 $16,810.00 $18,499.20 $27,301 .00
Lift Station 59C Rehab
4.1 Set-up and maintenance of
by-pass pumping PD5 $350.00 $1,750.00 $895.00 $4,475.00 $372.00 $1,860.00 $480.00 $2,400.00 $1,000.00 $5,000.00
4.2 Vacuum removal of all
debris from wet well LS1 $1,120.00 $1,120.00 $1,202.00 $1,202.00 $680.00 $680.00 $900.00 $900.00 $2,000.00 $2,000.00
4.3 Prep/application of
cementitious coating SF305 $15.00 $4,575.00 $14.00 $4,270.00 $19.00 $5,795.00 $16.72 $5,099.60 $25.00 $7,625.00
4.4 Mechanical rehab; rplc
guide rails, brkawy fittings LS1 $2,660.00 $2,660.00 $5,775.00 $5,775.00 $7,430.00 $7,430.00 $9,000.00 $9,000.00 $10,065.00 $10,065.00
4.5Total LS 108 $10,105.00 $15,722.00 $15,765.00 $17,399.60 $24,690 .00
5.0Contingency AllowanceLS1 $3,000.00 $3,000.00 $3,000.00 $3,000.00 $3,000.00 $3,000.00 $3,000.00 $3,000.00 $3,000.00 $3,000.00
6.0IndemnificationLS1 $10.00 $10.00 $10.00 $10.00 $10.00 $10.00 $10.00 $10.00 $10.00 $10.00
Total Evaluated BID $46,800.00$68,613.00$68,820.00$76,109.40$107,625.00
Lift Station Rehab 2011
P/N 2011-039
S:\EngAdmin\Projects\2011\11-039\BUDGET\Bid Tab 2011 Lift Statio n Rehab 2011Aug12
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MEMORANDUM
TO:Mayor and City Commissioners
FROM:Rafael Ballestero, Deputy Director of Construc tion
Richard C. Hasko, P.E., Environmental Services Dire ctor
THROUGH:David T. Harden, City Manager
DATE:August 26, 2011
SUBJECT:AGENDA ITEM 8.DD4 - REGULAR COMMISSION MEETING OF SEPTEMBER 6, 2011
CONTRACT AWARD/ODUMS SOD, INC.
ITEM BEFORE COMMISSION
This item is before the Commission to approve a con tract award to Odums Sod, Inc. in the total amount
of $16,500.00 for 100,000 square feet of sod, for t he S.W. 3rd St. and S.W. 6 Ave Water Main Upgrade
Project #2003-052 with pricing per Palm Beach Count y Term Contract # 06-151/PR.
BACKGROUND
The project scope consists of the construction of 5 ,480 linear feet of 8 inch PVC Water Main and 60
linear feet of 6 inch PVC Water Main, 26 valves, 3 fire hydrants, water service connections to the new
main, sodded swales, asphalt trench repair, concret e repair, concrete and asphalt driveway apron
replacement and maintenance of traffic. The projec t scope is being constructed by the City's in-house
construction crew with sodding restoration consider ed an outsourced component.
The estimated sod quantities required to complete t he project are 50,000 sq. ft. of Floratam Sod and
50,000 sq. ft. of Bahia Sod (100,000 sq. ft. total quantity). Staff solicited delivered prices versus
installed prices. Three (3) quotes were received: Odums Sod, Inc., AAA Garden Center and TJ Turf
Farm. Prices per square foot as follows:
Floratam Bahia
Company Delivered/Installed Delivered/Installed
Odums Sod, Inc. $0.19 / $0.20 $0.12 / $0.13
AAA Garden Center $0.244/$0.28 $0.156/$0.18
TJ Turf Farm $0.23/ $ 0.3 0 $0.16 / $0.21
After review, the most cost effective price is the installed price (which includes purchase, delivery, and
installation); therefore, staff recommends award to Odums Sod, Inc.; with the lowest installed quote.
The attached location map indicates three (3) phase s. The entire project will be constructed. The
phases have been identified to minimize resident di sruptions and inconvenience by completing the
project in sections as follows: Phase I - SW 1st S treet and SW 3rd Ave; Phase II - SW 6th Ave.; and
Phase III - SW 3rd Street.
FUNDING SOURCE
Funding is available from 442-5178-536-68.62 (Water/Sewer Renewal & Replacement Fund/
Improvements Other/SW 3 St & 6 Ave Water Main Upgra de).
RECOMMENDATION
Staff recommends approval of a contract award to Od ums Sod, Inc. in the total amount of $16,500.00
for 100,000 square feet of sod, for the S.W. 3rd St . and S.W. 6 Ave WM Upgrade Project.
MEMORANDUM
TO:Mayor and City Commissioners
FROM:Danielle Connor, Acting Fire-Rescue Chief
THROUGH:David T. Harden, City Manager
DATE:August 31, 2011
SUBJECT:AGENDA ITEM 8.DD5 - REGULAR COMMISSION MEETING OF SEPTEMBER 6, 2011
PURCHASE AWARD/MOTOROLA
ITEM BEFORE COMMISSION
That the Delray Beach Fire-Rescue Department (DBFR) be authorized to purchase four (4) Motorola
APX6000 portable radios to maintain equipment quali ty and service readiness.
BACKGROUND
Radio communications is a critical safety tool for firefighters during day-to-day operations and plays a
significant role during patient care when communica ting with the hospital during emergency medical
incidents. In addition, interoperability is a major concern: The ability of public safety agencies an d
hospitals to communicate with each other is critica l when events require them to coordinate a joint
response. The following four (4) portable Motorola radios require replacement due to their damage
beyond repair of the equipment.
Serial #326ABQ1338, 326ABQ1334, 326ABQ1342, 326A BQ1349
FUNDING SOURCE
001-2315-526-64.90 total cost $18,316.46
RECOMMENDATION
Staff recommends approval.
MEMORANDUM
TO:Mayor and City Commissioners
FROM:Rafael Ballestero, Deputy Director of Construc tion
Richard C. Hasko, P.E., Environmental Services Dire ctor
THROUGH:David T. Harden, City Manager
DATE:August 23, 2011
SUBJECT:AGENDA ITEM 8.DD6 - REGULAR COMMISSION MEETING OF SEPTEMBER 6, 2011
PURCHASE AWARD/BERGERON SAND, ROCK & AGGREGATE, INC .
ITEM BEFORE COMMISSION
This item is before the Commission to approve a pur chase award to Bergeron Sand, Rock & Aggregate,
Inc. in the total amount of $16,500.00 for 1,000 to ns of limerock, to be installed by the City's in-house
construction crew, for the S.W. 3rd St. and S.W. 6 Ave Water Main Upgrade Project #2003-052.
BACKGROUND
The S.W. 3rd St. and S.W. 6 Ave Water Main Upgrade Project scope consists of the construction of
5,480 linear feet of 8 inch PVC Water Main and 60 l inear feet of 6 inch PVC Water Main, 26 valves,
3 fire hydrants, water service connections to the n ew main, sodded swales, asphalt trench repair,
concrete repair, concrete and asphalt driveway apro n replacement and maintenance of traffic. The
project scope is being constructed by the City's in -house construction crew. This request is a materia l
purchase necessary for post installation road resto ration.
Attached, please find a quote from Bergeron Sand, R ock & Aggregate, Inc. who is the City's current
yearly contract supplier of delivered, limerock, ro ck base material with the contracted delivered pric e of
$16.50 per ton.
The attached location map indicates three (3) phase s. The entire project will be constructed. The
phases have been identified to minimize resident di sruptions and inconvenience by completing the
project in sections as follows: Phase I - SW 1st S treet and SW 3rd Ave; Phase II - SW 6th Ave.; and
Phase III - SW 3rd Street.
FUNDING SOURCE
Funding is available from 442-5178-536-68.62 (Water/Sewer Renewal & Replacement Fund/
Improvements Other/SW 3 St & 6 Ave WM Upgrade).
RECOMMENDATION
Staff recommends approval of a purchase award to Be rgeron Sand, Rock & Aggregate, Inc. in the total
amount of $16,500.00 for 1,000 tons of limerock, to be installed by the City's in-house construction
crew, for the S.W. 3rd St. and 6 S.W Ave Water Main Upgrade Project.
MEMORANDUM
TO:Mayor and City Commissioners
FROM:Richard C. Hasko, Environmental Services Direc tor
THROUGH:David T. Harden, City Manager
DATE:August 31, 2011
SUBJECT:AGENDA ITEM 9.A. - REGULAR COMMISSION MEETING OF SEPTEMBER 6, 2011
BID AWARD/RANDOLPH AND DEWDNEY CONSTRUCTION, INC.
ITEM BEFORE COMMISSION
This item is before the Commission to consider appr oval 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, original ly constructed in 1974, has had only one
substantial enhancement with the addition of a seco nd floor press box in 1991. The building is current ly
in need of extensive renovations as a result of exp eriencing 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 i t useful life so refurbishing the building is
recommended. As a result, funds were programmed int o 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. Construction time
for this proposal has been reduced to 120 days.
The agenda item for award of this bid was tabled at the July 12, 2011 Special/Workshop meeting with
some Commissioners expressing reluctance to spend t he total cost of the project. Since then staff
has explored less expensive alternatives for the re habilitation project including revisiting a phased
approach involving only the first floor rehabilitat ion and replacement of the deteriorated staircase t o the
existing second floor press box. Staff presented t he Phase I proposal to Commission at the August 30,
2011 Workshop Meeting. During discussion of the Ph ase I alternative, it was noted that the windows in
the existing press box were plexiglas, and had weat hered and fogged to a degree that significantly
hindered visibility of the ball fields. Commission expressed a consensus that the window replacement
should also be included in the Phase 1 scope. Afte r further discussion, Commission directed staff to
place the item on the September 6, 2011 agenda for action at which time Commission could choose to
construct the entire project as bid and award the c ontract to Randolph & Dewdney Construction as the
lowest responsive bidder for the amount of $456,710 .00; or build only the first phase improvements
limited to first floor rehabilitation scope and rep lacement of the stairway to the second floor. The
estimated construction cost for that scope is $233,000.00. The replacement of the weathered windows
in the press box would add to Phase I costs estimat ed as follows:
Replace with impact resistant windows $ 15,000
Replace with new plexiglas $ 6,000
On advice of the City Attorney, should Commission o pt to approve the Phase I scope only, the project
will need to be rebid.
FUNDING SOURCE
Funding is available for either scope option from 3 34-4127-572-62.10 (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.
1
Diaz, Jabiel
Subject:FW: Requested mtg w/Dwayne Randolph
----- Forwarded message -----
From: "Graham, Kendra" <Graham@mydelraybeach.com >
Date: Mon, Jun 13, 2011 10:29 am
Subject: Requested mtg w/Dwayne Randolph
To: "Hasko, Richard" <Hasko@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 20 th .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 #
EXHIBIT "A"